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HomeMy WebLinkAboutQ. Public Hearing* 3:00 P.M. PUBLIC HEARING BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 16 2010 MAR Division/Department: QoggV Attorne Bulk Item: Yes No X Staff Contact Person/Phone #: 3470/Suzanne Hutton. AGENDA ITEM WORDING: A public hearing for an ordinance amending Monroe County Code Section, 2-148, definitions of obbyist and principal. ITEM BACKGROUND: At the April 215`, 2010 public bearing on an ordinance requiring lobbyists to register with the County, discussion included that the ordinance would be very similar to the statutory provision, and that there was an intent to make the representation by lobbyists transparent to the public. Since passage of Ordinance No. 11-2010, numerous questions regarding applicability of the ordinance have been raised by the public, predominantly from attorneys who regularly appear in Code Enforcement proceedings and non -paid members of boards of directors for not -for -profit agencies. Inasmuch as formal administrative and quasi-judicial proceedings require notices of agency or appearance, rendering a paper trail which the public may access and making the representation transparent, and since representation during such proceedings is not generally deemed to be lobbying, it is intended to exclude those representations from the registry requirement. Further, the inclusion of language about non -compensation in describing a person who represents no other person or entity, but wishes to voice a personal opinion at public meetings, seemed to muddy the initial sentence of the definition of lobbyists such that non -paid members of boards of directors of not -for -profit organizations indicated uncertainty as to the need for them to register. The amendment is intended to clarify that such people should register if they are going to lobby for their respective organizations. PREVIOUS RELEVANT BOCC ACTION: Enactment of Ordinances No. 10-1990, No. 20-1990, and No. 22-2004, prohibiting current and former employees and officials from lobbying activities; and Ordinance No. 11-2010, requiring registry by anyone lobbying Monroe County BOCC, commissioners, staff, boards and councils thereof & their members. CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval. TOTAL COST: INDIRECT COST: BUDGETED: Yes No COST TO COUNTY: REVENUE PRODUCING: Yes No APPROVED BY: County Atty DOCUMENTATION: Included DISPOSITION: Revised 1/09 SOURCE OF FUNDS: AMOUNT PER MONTH Year OMB/Purchasing Risk Management Not Required. AGENDA ITEM # ORDINANCE NO. 2010 AN ORDINANCE AMENDING MONROE COUNTY CODE SECTION, 2-148, DEFINITIONS OF LOBBYIST AND PRINCIPAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Monroe County did pass on April 21, 2010, Ordinance No. 11-2010, requiring lobbyists to register with the County; and WHEREAS, one of the reasons stated by the sponsoring commissioner during the public hearing for the provisions was to be the same or very similar to the statutory provision; and WHEREAS, also discussed at the public hearing was an intent to make the representation by lobbyists transparent to the public; and WHEREAS, Section 112.3215(1)(h), Florida Statutes, provides exclusions for judicial and formal administrative proceedings in which there is a paper trail showing agency representation; and WHEREAS, numerous questions regarding applicability of the ordinance have been raised by the public; and WHEREAS, it is desired to clarify issues related to who is deemed to be a lobbyist subject to the requirement to register; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1. Section 2-148, Monroe County Code, definition of Lobbying shall be amended to read as follows: Lobbyist means any person, partnership, corporation or other business entity that lobbies on behalf of a principal. Lobbyist does not mean a county or other government official, employee, or any other person affiliated with any government while acting in his or her official capacity. Any person who only appears in his or her individual capacity for the purpose of self - representation , , to express support of or opposition to any item, shall not be required to register as a lobbyist. "Lobb3st" does not include someone representing a client in aquasi-judicial or formal administrative proceediniz and who is an attorney who has entered an appearance or non -attorneys who have entered a similar notice of a earance in matters before an administrative board orquasi-judicial Moceeding, where the rules of such enti1y permits re resentation by a non-attorne . The exclusion for attorneys and non -attorneys representingrepreagating clients inquasi-judicial and formal Lobbying Registry ,Amend Page 1 of 2 Pages administrative proceedings encompasses discussions with the CoApt attorneys re ardin the matter. SECTION 2. Section 2-148, Monroe County Code, definition of Principal shall be amended to read as follows: Principal means the person, partnership, joint venture, trust, association, corporation, governmental entity or other entity, for -profit or non profit, which has contracted for, employed, retained or otherwise engaged the services of a lobbyist_ SECTION 3. SEVERABILITY. Should any provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as whole, or any part thereof, other than the part declared to be invalid. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. SECTION 4. CONFLICT WITH OTHER ORDINANCES, All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. SECTION S. INCLUSION IN THE CODE OF ORDINANCES. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the code. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State as provided in Section 125.66(2), Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the day of , 2010. MayorSylvia Murphy Mayor Pro Tem Heather Carruthers Commissioner Mario Di Gennaro Commissioner George Neugent Commissioner Kim Wigington (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA By Deputy Clerk Lobbying Registry Amend By Mayor/Chairperson i s 0IJN YATT0,-�1,1 � A VED AS TO t Page 2 of 2 Pages c Via'.:' :+E A, H W Commissioner wig®a ern WHEREAS, the operation of an open and responsible government requires the full opportunity of the people to seek redress of grievances and to express their opinions on executive and legislative actions; and WHEREAS, it is important to the integrity of the governmental process that the citizens be informed of, or have accessible information regarding, efforts to influence legislative and executive actions; and WHEREAS, public disclosure of the persons and entities represented by those who seek to influence governmental action is essential to citizens' confidence in the integrity of their local government; and WHEREAS, persons who appear before the Board of County Commissioners, Planning Commission, Contractors Examining Board and many of the advisory boards to the Board of County Commissioners may, from time to time, omit to disclose in identifying themselves to the public body that they represent interests other than their own person interests; and WHEREAS, there is an intent to require registry of every person who attempts to influence legislative and administrative decision -making of governmental entities for the benefit of a person or entity other than themselves in order to more fully inform the citizens as to the persons or entities for whom the benefits are being sought; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1. Section 2-148, Monroe County Code, shall be amended by adding the following definitions: Board means the Monroe County Board of County Commissioners. Compensation paeans a payment, distribution, loan, advance, reimbursement, deposit, salary, fee, retainer, or anything of value provided or owed to a lobbying firm, directly or indirectly, by a principal for any lobbying activity. Lobbying Registry Page I of 5 Pages Commissioner Wigton County means Monroe County, Florida. County chairman and County mayor are interchangeable terms which mean the Chairman of the Monroe County Board of County Commissioners. County ofjlce means any governmental office staffed by employees under the authority of the Board of County Commissioners. Development permit means the same as this term is defined in F.S. § 163.3164. Expenditure means the same as this term is defined in F.S. § 112.3215. Lobbyist means any person, partnership, corporation or other business entity that lobbies on behalf of a principal. Lobbyist sloes not mean a County or other government official employee or any other person affiliated with any government while acting in his or her official capacity. Any person who only appears in his or her individual capacity for the purpose of self -representation without compensation or reimbursement, or other personal benefit, to express support of or Opposition to any item, shall not be required to register as a lobbyist. Planning Commission means the local planning agency, as further described in the land development regulations of the Monroe County Code. Principal means the person, partnership, joint venture, toast, association, corporation, governmental entity or other entity which has contracted for, employed, retained or otherwise engaged the services of a lobbyist. SECTION 2. Section 2-148, Monroe County Code, definition of Lobbying shall be amended to read as follows: Lobbying means seeking, on behalf of another person or entity, to influence the Board, Contractors Examining Board, Planning Commission or any advisory body with respect to a decision in the area of policy or procurement or an attempt to obtain the goodwill of a County official or employee. "Lobbies" also means influencing or attempting to influence, on behalf of another, the Board's action or non -action through oral or written communication or an attempt to obtain the goodwill of a member or employee of the Board,of County Commissioners or any board or council under their authority. Lobbying Registry Page 2 of 5 Pages Commissioner wigington SECTION 3. Registration of Lobbyists. Section 2-154, Monroe County Code, shall be created to read as follows: 2-154. Registration and Re -registration of Lobbyists. a) All lobbyists shall register and re -register with the County Administrator's Office at the times specified in this article and on the forms prescribed from time to time by the County Administrator. (b) The forms prescribed for the registration and re -registration of lobbyists shall require, at a minimurn, the following information and State under oath: (1) The lobbyist's name and business address; (2) The name and business address of each principal represented; (3) The specific areas of the principal's governmental interest; (4) Where the principal is a corporation or association, the name of the chief executive officer of the corporation or association; (5) Where the principal is a general partnership or joint venture, the names of all partners; (5) Where the principal is a limited partnership, the name of the general partner or partners; (7) Where the principal is a trust, the names of all trustees and beneficiaries; (8) Where the principal is a partnership, joint venture, corporation, association, trust or nongovernmental entity other than a natural person, the names of all natural persons holding, directly or indirectly, a five (5) percent or more ownership interest in the entity; and (9) Disclosure of any business, professional or familial relationship that the lobbyist or any employee of the lobbyist may have with any county officer or county employee. (c) The County Administrator or his designee shall post the Registry to the County website on a quarterly basis reflecting registrations which have been filed in accordance with this ordinance. (d) All lobbyists shall register with the County Administrator or his designee within five (5) business days of being retained as a lobbyist, before engaging in any lobbying activities, whichever shall come first, and re -register prior to January first of each year. Lobbying prior to registration is prohibited. Each lobbyist who ceases lobbying for a particular principal shall file a written notice of withdrawal. (e) County employees shall be diligent to ascertain whether persons required to register pursuant to this section have complied. Employees of a County office many not knowingly permit a person who is not registered pursuant to this section to lobby the employees of that office. Lobbying Registry Page 3 of 5 Pages Commissioner Wigington (1) Upon discovery of violations of this section, any person may file a sworn complaint with the County Administrator. (g) Investigation of violations; penalties; validity of actions. (1) The County Attorney or County Administrator, or their designee, shall be unformed by any County employee or officer who knows of any person engaged in lobbying activities who has failed to comply with the registration reporting requirements of this article and, in each such instance, shall conduct such investigation as he or she shall deem necessary under the circumstances. The results of each investigation shall be reported to the Board. (2) After determination of a first violation of registration requirements, the Board may warn, reprimand or censure the violator or may suspend or prohibit the violator from appearing on behalf of any principal before the Board or any County advisory body or from otherwise lobbying for any principal in any fashion for a period of time; provided, however, that any suspension or prohibition may not exceed a period of two (2) years, and no sanction shall be imposed unless the lobbyist allegedly in violation has been afforded reasonable notice and an opportunity to be heard. After determination of a subsequent violation, the Board shall suspend or prohibit the violator from appearing on behalf of any principal before the Board or any County advisory body or from otherwise lobbying for any principal in any fashion for a period of time; provided, however, that any suspension or prohibition may not exceed a period of two (2) years, and no sanction shall be imposed unless the lobbyist allegedly in violation has been afforded reasonable notice and an opportunity to be heard. The penalties provided in this subsection shall be the exclusive penalties imposed for violations of the registration requirements of this article. The failure or refusal of any lobbyist to comply with any order of the Board suspending or prohibiting the lobbyist from lobbying shall be punishable as provided by law and shall otherwise be subject to such civil remedies as the County may pursue, including injunctive relief. (3) The Board of County Commissioners may void any action or contract entered into in connection with a procurement matter where the County chairman, one or more County commissioners, or a member of the pertinent procurement committee has been lobbied in violation of the registration reporting requirements. (h) This section shall sunset on November 30, 2010. Lobbying Registry Page 4 of 5 Pages Commissioner Wtgiagton SECTION 4. SEVERABILLITY. Should any provision of this Ordinance be declared by a court of competent jurisdiction to he invalid, the same shall not affect the validity of this Ordinance as whole, or any part thereon other than the part declared to be invalid. if this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. SECTION 5. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. SECTION 6. INCLUSION IN THE CODE OF ORDINANCES. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the code. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State as provided in Section 125.66(2), Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 21 st day of April, 2010. MayorSylvia Murphy Yes Mayor Pro Tem Heather Carruthers Yes Commissioner Mario Di Gennaro Yes Commissioner George Neugent Yes Commissioner Kim Wigington Yes (SEAL) Attest: DANNY L. KOLHAGE, Clerk By a. 'Cd-a� Deputy Clerk o W C.-� tV W -= :�- U QF—r Cr eL- Y !L '>:F �_S wi C Cs Lobbying Registry Page 5 of 5 Pages BOARD OF COUNTY COMMISSIONERS OF MON, ROE Q By Mayor/Chairperson 110-'I OE COUNTY ATTO Nc";Y OVER AS T R �Y A7 Ph`EY Page i of 1 'eteirs-Katherine 'rom: Shillinger-Bob sent: Friday, April 30, 2010 2:22 PM County Commissioners and Aides; County Administrator County Attorney l;ubject: FW: Ordinance 11-2010 Machments: Secretary of State Letter.pdf layor & Commissioners: he Lobbying Ordinance official tools effect on April 26, 2010. ,ob Shillinger ;hief Assistant County Attorney lonroe County Attorney's Office 111 12th Street, Suite 408 by West, FL 33040 305) 292-3470 305) 292-3516 (facsimile) 'lease note that Florida has a broad public records law and that any communication with the County ould be considered a public record. If you do not wish for your email address to become a public record, se the telephone or some other method of conveying your message. rom: Belle Desantis [mailto:idesantis@monroe-clerk.com] �ent: Friday, April 30, 2010 2:26 PM 'o: Hutton -Suzanne; Shillinger-Bob subject: Re: Ordinance 11-2010 ;ee attached 'hanks. ---- Original Message ----- From: Hutton -Suzanne To; Belle Desantis Sent: Wednesday, April 28, 2010 5:16 PM Subject: Ordinance 11-2010 Can you let Bob & me know when the date of filing with the Secretary of Ordinance 11-2010 is? $ugarure � '�futta�c County Attorney Monroe County 1111 12th St., Ste. 408 Key West, R 33040 305-292-3470 i14/2010 April 27, 2010 ah r n Honorable Danny L. Kolhage x; Clerk of Circuit Court Monroe County , ;.:_, 500 Whitehead Street, Suite 101 - M Key West, Florida 33040 ' C Attention: Pamela G. Hancock, Deputy Clerk Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated April 22, 2010 and certified copy of Monroe County Ordinance No. 011-2010, which was filed in this office on April 26, 2010. Sincerely, &r i & 4 Liz Cloud Program Administrator LClsrd DIRECTOR'S OFFICE R.A. Grey Building - 500 South Bronough Street - Tallahassee. Florida 32399-0250 850.245.66011 - FAX:850.245.6735 - TDD: 850.922.4085 - http:11d11s.d0s.stale.R.WS COMMUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA STATE ARCHIVES OF FLORIDA 850.245.6600 - FAX:850,245.6643 850.245.6600 - FAX:850.245.6744 850.245.6700 - FAX:850.48BA894 LEGISLATIVE LIBRARY SERVICE RECORDS MANAGEMENT SERVICES ADMINISTRATIVE CODE AND WEEKLY 850.488,2812 - FAX: 950.498.9979 850,245,6750 - FAX; 850.245,6795 850,245.6270 - FAX: 850.245.6282 MONROE COUNTY COURTHOUSE 500 W HITEHEAD STREET, SUITE 101 KEY WEST, FLORIDA 33040 TEL. (305) 294-4641 FAX (305) 295-3663 BRANCH OFFICE: MARATHON SUB COURTHOUSE 3117OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL, (305) 299-6027 FAX (305) 289-1745 S COUHrp og�Q��ouws+ F�� CLERIC OF THE CIRCUIT COURT MONROE COUNTY www.clerk-of-the-court.com Ms_ Liz Cloud, Program Administrator Administrative Code & Weekly R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399-0250 Dear Ms. Cloud, April 22, 2010 BRANCH OFFICE: PLANTATION KEY GOVERNMENT CENTEF 88320 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 ROTH BUILDING 50 HIGH POINT ROAD PLANTATION KEY, FLORIDA 33070 TEL. (305) 952-7145 FAX (305) 853-7440 Via Certified Mail 70091410 0001 S7b0 2451 Enclosed please find a certified copy of Ordinance No. 011-2010 amending Monroe County Code Chapter 2, Providing for Registration of Representation of Others before Board of County Commissioners, Planning Commission and Others of Lobbying Activities; Providing for severability; Providing for the repeat of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances, and Providing an effective date. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting, held in formal session, on April 21, 2010. Please file for the record. Should you have any questions please feel free to contact me at (305) 295-3130. Respectfully submitted, Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners by: Isabel C. DeSantis, D. C. cc: Via e-mail Municipal Code Corporation Board of County Commissioners County Administrator County Attorney Division Directors - via Deputy County Administrator The P*,,e orter p P.O. Box 1197 •Tavernier, Florida 33070-1197 (305) 852-3216 Fax: (305) 852-0199 PROOF OF PUBLICATION, STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared DAVID GOODHUE who on oath, says that he is EDITOR of THE REPORTER, a weekly newspaper entitled to publish legal advertising published at Tavernier, Monroe County, Florida: that the attached copy of advertisement, being LEGAL NOTICE in said newspaper in the issue of: May 28, 2010 Affiant further says that THE REPORTER is a newspaper published at Tavernier, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in the said Monroe County, Florida, each week (on Friday), and has been entered as second class mail matter at the Post Office In. Tavernier, in said County of Monroe, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any firm, person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper and that The Reporter is in full compliance with C ter 50 of the Florida State Statutes egal7and Official Advertisements. / wal�re'�. - a ' s ..k aay.a Sworn to and subscribed before me this 28th day of May, 2010. S Notarg } P0010- f ! w rr MARGARET J. WHISENHUNT W ComAIS" #DD881967 Dom: jUN 22, 2013 $"loan Banded thmuoh ld WOW s^e V �rr0 c� PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority person- ally appeared WAYNE MARKHAM who on oath, says that he is PUBLISHER of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published in Marathon, in Monroe County, Florida: that the attached copy of advertisement was published in said newspaper in the issues of: (date(s) of publication) Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Marathon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in said Monroe County, Florida, twice each week (on Wednesday and Saturday) and has been entered as a second class mail matter at the post office in Marathon, in Monroe County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement. The affiant further says that he has neither paid nor promised any person, firm, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper(s) and that The Florida Keys Keynoter is in full compliance with Chapter 50 of the Florida State Statutes on Legal and Official Advertisements. ire, V-1 Sworn to a sub ribed before me thisDa of , 2010 (SEAL) Notary FILED FOR RECORD 20 IO JUN 10 AM 10* t 4 D I � K �-�AE p ..-r T MIR BEMY TRAEW W GQMMI8SION M 969749 EXPIRES: Apf118, 2014 Bonded Ttn Nowt PUbk UndeM*n Y .:. Eon KEY WEST A..wr.r.w....�,w,,�..a.n Im Cooke Communications, LLC Florida Keys Marsha F. Kirkwood Advertising Coordinator PO Box 1800 Key West FI 33041 Office .... 305•-292-7777 Extension ......... x219 Fax ....... 305-295-8025 I en a Is Ca -keys n ews. c o rn STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared Randy G. Erickson, who on oath says that he is Vice -President of Advertising Operations of the Key West Citizen, a daily newspaper published in Key West, in Monroe County, Florida; that the attached copy of advertisement, being a legal notice in the matter of ;2-l�( 4? INTERNET PUBLISHING keyom published in said newspaper in the issues keysnewsnews.com was p( ) of floridakeys.com key-west.com Web Design Services Cf NEWSPAPERS Affiant further says that the Key West Citizen is a newspaper published in The Citizen Key West, in said Monroe County, Florida and that the said newspaper has Southernmost Flyer i b f t ereoore been continuously County, every Solares Hill hy published in said Monroe Coun Florida Big Pine Free Press day, and has been entered as second-class mail matter at the post office in Key Marathon Free Press Islamorada Free Press West in said Monroe County, Florida, for a period of 1 year next preceding Key Largo Free Press the first publication of the attached copy of advertisement; and affiant further MARKETING SERVICES says that he has neither paid nor promised any person, firm or corporation any Commercial Printing discount, rebate, commission or refund for the purpose of securing this Citizen Locals Card Direct Mail advertisement for publication in the said newspaper. FLORIDA KEYS OFFICES Printing / Main Facility 3420 Northside Drive Key West, FL 33040-1800 Signatureof Af iant Tel 305-292-777 Fax 305-294-0768 citizen(&keywest com Sworn and subscribed before me this day of . 2010 Internet Division 33040-3328 Tel 305-292-1880 Fax 305-294-1699 Notary Public: sales@keywest.com Middle Keys Office Marsha F. Kirkwood - ' e_ r 6363 Overseas Hwy Z C� Marathon, FL (MM 52.5) 33050-3342 cn Tel 305-743-8766 Fax 305-743-9977 a marathon n kevsnews.com Expires: September 15, 2013 Notary Se-4 r-n _ C3 O Upper Keys Office _ tT: fV 91731 Overseas Hwy N p Tavernier, FL 33070 Tel 305-853-7277 Personally Known x Produced Identification Fax 305-853-0556 freepress@floridak:eys.com floridak:eys.com Type of Identification Produced M Its •�:'� ��x$1lEfVn'Vot 16,(!1d M 3; R M ttYatz � ma„upr° at es y `� UM �, m p `3 fhb of-mdrkftcry.66 to consider t nds fooming county�e . sev ASam, PFHrOWWQ,.. ALt"ON3ISTENT •'' ORiDIi(ri - �F I DATE v F on 286.0i a $ ; that if notice is given any decist on "matle by'ihe Bopa d with to matter bearings or i he ' r *ed' a retard of se, + 1'that, for such; Purpose may need to ensure that a, grn re000of the Pr e, which record; s and Which the appeal is,' ta, ADA ASSISTANCE. If you are a .n ' 7lty wko, needs; �., flows ill ort#er fo grbcl in this proceeding, APdM-5A& t Cary (305) 292-4441, i 4V Phoning' hours between the . = 5.D0'P.M., no der days prior to "`` ng; Ifyvu_gre�; rir,.1 r impairoed, call'. . Dated at Key West, Florida, this, 19th day of May, 2010. ' DANNY L. KOU4,AGE, Clerk of the Circuit Court and jex officio Clerk of the Board Of`County r Commissioners of Ma 30, 2p 10 Monroe County, Florida y ? � BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 6/16/10 Division: Administrator Bulk Item: Yes _ No X Department: Wastewater Staff Contact Person/Phone #: Elizabeth Wood/292-4525 AGENDA ITEM WORDING: Second Public Hearing required to be conducted prior to submittal of application to the Department of Community Affairs Small Cities Community Development Block Grant (CDBG) Program. ITEM BACKGROUND: The May 30, 2008 Needs Assessment prepared by the University of North Carolina — Chapel Hill Environmental Finance Center reported that 33% of households within the Florida Keys that will be required to connect to central sewer have household incomes less than $35,000. Funding assistance under the DCA CDBG Disaster Recovery program is not anticipated to be sufficient to cover this housing need related to sewer connections for low income households. PREVIOUS RELEVANT BOCC ACTION: On February 17, 2010 the BOCC gave approval to hold and advertise hearings required for participation in the CDBG program. The first public hearing was held on May 19, 2010. A budget of $1,000 to advertise the hearings was requested from the Big Coppitt and Key Largo MSTUs. CONTRACT/AGREEMENT CHANGES: NA STAFF RECOMMENDATIONS: Approval. TOTAL COST: INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty _ OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: Revised 7/09 AGENDA ITEM # Form of Notice PUBLIC HEARING NOTICE (07.02) 2nd Public Hearing Notice The is applying to the Florida Department of Community Affairs (DCA) for a grant under the category in the amount of under the Small Cities Community Development Block Grant (CDBG) Program. For each activity that is proposed, at least 70% of the funds must benefit low and moderate income persons. The activities, dollar amounts and estimated percentage benefit to low and moderate income persons for which is applying are: Describe in narrative form, the proposed project including location(s) and list in chart form the activities, dollar amounts, and percentage benefit to low and moderate income persons. The name of local government plans to minimize displacement of persons as a result of CDBG funded activities in the following manner: Describe in narrative form the efforts that will be taken to minimize displacement. If any persons are displaced as a result of these planned activities, the persons in the following manner: Describe in narrative form the assistance that will be provided. A public hearing to provide citizens an opportunity to comment on the application will be held at will assist such on at . A draft copy of the application will be available for review at that time. A final copy of the application will be made available at on Monday through Friday between the hours of no more than days after contact The application will be submitted to DCA on or before To obtain additional information concerning the application and the public hearing, The public hearing is being conducted in a handicapped accessible location. Any handicapped person requiring an interpreter for the hearing impaired or the visually impaired should contact at least calendar days prior to the meeting and an interpreter will be provided. Any non-English speaking person wishing to attend the public hearing should contact at least calendar days prior to the meeting and a language interpreter will be provided. To access a Telecommunication Device for Deaf Persons (TDD) please call contact days prior to the meeting. Any handicapped person requiring special accommodation at this meeting should at least calendar Pursuant to Section 102 of the HUD Reform Act of 1989, the following disclosures will be submitted to DCA with the application. The disclosures will be made available by and DCA for public inspection upon request. These disclosures will be available on and after the date of submission of the application and shall continue to be available for a minimum period of five years. 1. Other government (federal, state and local) assistance to the project in the form of a gift, grant, loan, guarantee, insurance payment, rebate, subsidy, credit, tax benefit, or any other form of direct or indirect benefit by source and amount; 2. The identities and pecuniary interests of all developers, contractors, or consultants involved in the application for assistance or in the planning or development of the project or activity; 3. The identities and pecuniary interests of any other persons with a pecuniary interest in the project that can reasonably be expected to exceed $50,000 or 10% of the grant request (whichever is lower); 4. For those developers, contractors, consultants, property owners, or others listed in two (2) or three (3) above which are corporations, or other entities, the identification and pecuniary interests by corporation or entity of each officer, director, principal stockholder, or other official of the entity; 5. The expected sources of all funds to be provided to the project by each of the providers of those funds and the amount provided; and 6. The expected uses of all funds by activity and amount. BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 16, 2010 Division: Growth Management Bulk Item: Yes _ No X Department: Planning and Env. Resources Staff Contact/Phone #: Tiffany Stankiewicz 289-2513 Michael Roberts 289-2502 AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for Ernesto and Mireille Padron Jr. on Lot 5, Block 15, Key Largo Beach Addition, Key Largo, Real Estate Number 00503740.000000. ITEM BACKGROUND: A building permit was applied for on 4/25/2005 and a ROGO application was applied for on 8/8/2005. The applicant applied for administrative relief on 4/7/2010 and is within the allowable time frame to be eligible for administrative relief under Section 138-27 of the Monroe County Code. Staff recommends that administrative relief be awarded in the form of one (I) dwelling unit allocation. PREVIOUS RELEVANT BOCC ACTION: NIA CONTRACT/AGREEMENT CHANGES: NIA STAFF RECOMMENDATIONS: Approval in the form of one (I) dwelling unit allocation. TOTAL COST: NIA INDIRECT COST: NIA BUDGETED: Yes NIA No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: N/A SOURCE OF FUNDS: NIA REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing NIA Risk Management NIA DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: Monroe County Board of County Commissioners From: Tiffany Stankiewicz, Development Administrat Michael Roberts, CEP; PWS, Sr. Administrator Environmental Resource Through: Townsley Schwab, Director of Planning & Environmental Resources 75 Date: May 24, 2010 Subject: Request for Administrative Relief for Padron Lot 5, Block 15, Key Largo Beach Addition, Key Largo, Real Estate No. 00503740.000000 I. BACKGROUND The applicant is eligible for Administrative Relief, has complied with all requirements of the dwelling unit allocation system, has been considered in the first sixteen consecutive quarterly allocations and has not received an allocation award. Date Entered ROGO: 8/8/2005 Date Entered Administrative Relief: 4/7/2010 Tier Score: 34 Tier 3: 30 Perseverance: 4 This application was ranked #26 in Quarter 2 Year 18. III. CURRENT CONDITIONS Location: Lot 5, Block 15, Key Largo Beach Addition, Key Largo, Real Estate No. 00503740.000000 Owner: Ernesto and Mireille Padron Jr. Land Use District: Improved Subdivision (IS) Tier: 3 Page 1 of 3 05302033 Applicant/Agent: N/A FLUM: Residential Medium (RM) Reviewed by '_ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Property is not the FEMA Injunction list. 2009: Taxable Value: $109,229 Purchase Price in 2007: $420,000 Additional Relevant Information: Parcel is cleared lot within a heavily developed improved subdivision. Parcel includes an existing, excavated boat slip. III. LEGAL ELIGIBILITY AND OPTIONS Parcel is cleared lot within a heavily developed improved subdivision. Parcel includes an existing, excavated boat slip. Eligibility for Administrative Relief Options: Section 138-27 of the Monroe County Land Development Regulations and Policy 101.6.1 of the 2010 Comprehensive Plan provides a mechanism whereby an applicant who has not received an allocation award in the ROGO system may apply to the Board of County Commissioners for Administrative Relief. The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling unit allocation system and having been considered in at least the first sixteen consecutive quarterly allocation periods, and not having received an allocation award. The application was timely submitted for administrative relief in the form of one (1) ROGO allocation award and the applicant has not expressed a desire to sell the property to the County. Relief Options under Administrative Relief: The remedies available to the Board of County Commissioners for Administrative Relief pursuant to Section 138-27(f) include: a. Offer to purchase the property at its fair market value as its preferred action if the property is located within: a) a designated Tier I area; b) a designated Tier II area (Big Pine Key and No Name Key); c) a designated Tier III -A area (Special Protection Area); or d) a designated Tier III area on a non -waterfront lot suitable for affordable housing. b. Grant the applicant an allocation award for all or a number of dwelling units requested in the next succeeding quarterly allocation period or extended pro rata over several succeeding quarterly allocation periods as the preferred action for buildable properties not meeting any of the criteria in (1) above. c. Suggest or provide such other relief as may be necessary and appropriate. In the event purchase is recommended and the owner refuses the purchase offer, the applicant may remain in the ROGO System and continue earning perseverance points according to Monroe County Code Section 138-28. Page 2 of 3 Reviewed by :� 05302033 I IV. RECOMMENDATION 2 3 It is recommended that the Board of County Commissioners find that the applicant has met the 4 criteria and qualifies for Administrative Relief. It is further recommended that a Resolution be 5 adopted that establishes this relief awarding one (1) ROGO allocation in the next quarterly 6 ROGO allocation period which closes 7/12/2010, or a succeeding quarterly allocation period in 7 which administrative relief allocations are available. 8 Page 3 of 3 Reviewed by 05302033 49;- AL ...# T Ikif, i( �■ tiflll I I� �. - �u.awr 14 { �II� III .� �- �.�_ }+—(c..- 4•o-7 ;'� � - "'TI flllIi ■a¢* }III +i�� + 4 - Wil .41 M,Jill r F r -NAME&, Tl� This map is �r II Ir '. Monroe County Gvowth �!'� for . ivision only. III I f +rilk f..r 1. I�The data contained herein of 6oundarles. parcels roads RESOLUTION NO. —2010 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY ERNESTO AND MIREILLE PADRON JR. ON PROPERTY DESCRIBED AS LOT 5, BLOCK 15, KEY LARGO BEACH ADDITION, KEY LARGO, RE # 00503740.000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Ernesto and Mireille Padron Jr. submitted an application for administrative relief under Sec. 138-27 of the Monroe County Land Development Regulations; and WHEREAS, the Monroe County Board of County Commissioners makes the following findings of fact and conclusions of law: L The application for administrative relief from Ernesto and Mireille Padron Jr. is for Lot 5, Block 15, Key Largo Beach Addition, Key Largo in Monroe County, Florida having RE# 00503740.000000. 2. The date of the ROGO application is 8/8/2005. 3. The ROGO allocation application has been in the ROGO system for at least four (4) consecutive years and qualifies for administrative relief under Policy 101.6.1 of the Monroe County Year 2010 Comprehensive Plan. 4. Monroe County Code (MCC) Section 138-27 provides a mechanism whereby an applicant who has not received an allocation award in ROGO may apply to the Board of County Commissioners for administrative relief. 5. The Board of County Commissioners (BOCC) has the authority to grant administrative relief under Section 138-27(f) and may grant the applicant a building allocation, offer to purchase the property at fair market value, or provide such other relief as may be necessary and appropriate. 6. The applicant applied for administrative relief on 4/7/2010, under Section 138-27 of the MCC and Policy 101.6.1 of the 2010 Comprehensive Plan. 7. Policy 101.6.5 of the 2010 Comprehensive Plan provides criteria to be used for determining lands that are appropriate for acquisition and the criteria includes the environmental sensitivity of the vegetative habitat on the lot and the applicable Tier designation. ADMINISTRATIVE RELIEF RF,Sou -ION Page 1 of 2 RE# 0050 40.0M00 ) 05102031 8. The subject property has the land use district designation of Improved Subdivision (IS), is located in the Key Largo Beach Addition and is located in a Tier 3 designated area. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to Ernesto and Mireille Padron Jr., for Lot 5, Block 15, Key Largo Beach Addition, Key Largo in the form of one (1) dwelling unit allocation, subject to the following conditions: 1. The timing of the issuance of the permit shall be in accordance with the annual number of residential allocations defined by Policy 101.2.13 of the Monroe County Year 2010 Comprehensive Plan and as required by Section 138-27 of the Monroe County Code. 2. The allocation award shall be taken out of the next quarterly allocation which closes on 7/12/2010 or in the succeeding quarterly allocation period in which administrative relief allocations are available. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 16th day of June, 2010. Mayor Sylvia J. Murphy Mayor Pro Tern, Heather Carruthers Commissioner Mario Di Gennaro Commissioner George Neugent Commissioner Kim Wigington BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK :1 Mayor Sylvia J. Murphy AMYNRbE COUNTY AttORNEY O�48�rQ FORM Dal;G ADMINISTRATIVE RELIEF RESOLUTION Page 2 of 2 RE# W50374t HA)(0) Property Search -- Mo4_" '�ounty Property Appraiser LPagel of 4 Ervin A. Higgs, CFA Property Appraiser Monroe County, Florida Property Record View Alternate Key: 1621625 Parcel ID: 00503740-000000 Ownership Details Mailing Address: PADRON ERNESTO JR AND MIREILLE H1W 15301 TURNBULL DR MIAMI LAKES, FL 33014 Property Details office (305) 292-3420 fax (305) 292-3501 PC Code: 00 - VACANT RESIDENTIAL Millage Group: 500K Affordable No Housing: Section -Township 33-61-39 -Range: Property 108 OLEANDER CIR KEY LARGO Location: Subdivision: KEY LARGO BEACH ADD Legal Description: SK 15 LT 5 KEY LARGO BEACH ADDITION KEY LARGO PB4-22 OR251-5031504 OR124512322/230C OR1438-5651568(PROB #96-7450) OR1438-562/64WILL OR1460-496 OR1894-1425/25 OR1996-1452 OR2289-1606 http://www.mcpafl.org/PropSearch.aspx 4/14/2010 Property Search -- MonCounty Property Appraiser Page 2 of 4 Parcel Map Land Details Land Use Code P10C - PERMITTED SFR CANAL Building Summary Number of Buildings: 0 Number of Commercial Buildings: 0 ntage Ruth Land Area 72 100 7.200.00 SF http://www.mcpafl.org/PropSearch.aspx 4/14/2010 Property Search -- Mon �ounty Property Appraiser Page 3 of 4 Total Living Area: 0 Year Built: 0 Misc Improvement Details Nbr Type # Units Length Width Year Built Roll Year Grade Life 1 CL2:CH LINK FENCE 280 SF 70 4 2005 2006 1 30 2 CL2:CH LINK FENCE 500 SF 100 5 2005 2006 1 30 Building Permits Bldg Number Date Issued Date Compleled Amount Description Notes 05302390 M1112005 11/17/2005 1 FENCE Parcel Value History Certified Roll Values View Taxes for this Parcel. Roll Total Bldg Total Misc Year Value Improvement Value Total Land Value Tolal Just Total Assessed School School Taxable (Market) Value Value Exempt Value Value 2009 0 1,229 108,000 109,229 109,229 0 109,229 2008 0 1,270 216,000 217,270 217,270 0 217.270 2007 0 1,181 63,000 64181 64.181 0 64.181 2006 0 1,217 63,000 64,217 64,217 0 64.217 2005 0 0 63,000 63.000 63,000 0 63.000 2004 0 0 63.000 63,000 63,000 0 63.000 2003 0 0 85,050 85,050 85,050 0 85.050 • 2002 0 0 63,180 63,180 63,180 0 63,180 2001 0 0 63,180 63,180 63,180 0 63.180 ' 2000 0 0 63,180 63,180 63,180 0 63,180 1999 0 0 63,180 63,180 63,180 0 63,180 1998 0 0 63,180 63,180 63,180 0 63,180 1997 0 0 63,180 63,180 63,180 0 63.180 1996 0 0 63.180 63.180 63,180 0 63,180 1995 0 0 63,180 63,180 63A80 0 63.180 1994 0 0 63,180 63,180 63.180 0 63.180 1993 0 0 58,320 58,320 58,320 0 58,320 1992 0 0 58,320 58,320 58,320 0 58,320 1991 0 0 58,320 58,320 58,320 0 58,320 1990 0 0 53,460 53,460 53,460 0 53,460 1989 0 0 53,460 53.460 53,460 0 53.460 1988 0 0 51,030 51,030 51,030 0 51.030 1987 0 0 32.400 32.400 32,400 0 32,400 1986 0 0 27,720 27,720 27,720 0 27 720 http://www.mcpafl.oig/PropSearch.aspx 4/14/2010 Property Search -- Mon County Property Appraiser Page 4 of 4 1985 0 0 27,720 27,720 27,720 0 27,720 1984 0 0 23.040 23 040 23,040 0 23,040 1983 0 0 21,320 21,320 21,320 0 21.320 1982 0 0 21,320 21,320 21.320 0 21,320 Parcel Sales History NOTE. Sales do not generally show up in our computer system unti' about two to three months after the date of sale. If a recent sale does not show up in this list, please allow more time for the safe record to be processed Thank you for your patience and understanding Safe Date Official Records Book/Page Price Instrument Qualification 412312007 2289 / 1606 420.000 WD Q 4/1512004 1996 i 1452 300,000 WD Q 5121/2003 1894/1425 200,000 WD Q This page has been visited 129,182 times. Monroe County Property Appraiser Ervin A. Higgs, CFA P.O. Box 1176 Key West, FL 33041-1176 http://www.mcpafl.org/PropSearch.aspx 4/14/2010 AAA, 4a1 Estate Created print Ille successfuiiyl Acooants M certillketes RoN Tao[ Status Dur Rqwwft 2009 20D9 Acct: Paid-In4WI Taugme 2008 2008 Acct: Pall-In-Ml saslesas Tax 20D7 2007 Acct: Paid-infirll Snapping Cart 20D6 2006 Aoct: Pald-in-fill 20D5 2005 Aoct: Pald-In-full 2004 2004 Acct: Paid -in -full 2003 20D3 Acct: Paid -In -full 20D2 2002 Acct: Paid-In4WI 2001 2001 Aect: Paid -In -full 2000 2000 Acct: Pald-In-full 1999 1999 Acct: Paid-M-fuil 1998 1998 Acct: Paid-in-Adl Total Due: $0.00 Account Search 1621625 _ rage i or i Roil Year: 2009 cl— Value: 0 Tax Year: 2009 3ust Value: 109,229 Account Number: 1621625 Srhoci Assessed Value; 109,229 Parcel Number. 00503740000000336139 Assessed Value: 109,229 Exemption Value: 0 Millage Code: 500K Taxable Value: 109,229 Certlfled PADRON ERNESTO 3R Ad Valorem: $970.25 Rog Owner(s): AND MIREILLE H/W 15301 TURNBULL DR Non ad Valorem: MIAMI LAKES, FL 33014 TOW Tax: $1,412.21 SMM Addy ass. 106 OLEANDER CIR, KEY LARGO (fte. Sodth Sohn) (04. 123 Main St) Tax Yr 1621625 PADRON ERNES70 ]RAND 108 OLEANDER CIR KEY 2008 MIREILLE H/W LARGO 1621625 PADRDN ERNESTO 3R AND 108 OLEANDER CIR KEY 2009 MIREILLE H/W LARGO Search resuNs as of less than a minute ago 11- 12 « Copyright ® 1997-2010, Grant Street Group. A0 rights reserved. Pq~MY 3**W v lbw wwkr ! https://www.monroe.county-taxes.com/tcb/app/re/accounts 5/5/2010 PADRON ERNESTO JR AND MIREILLE H/W 00503740000000338139 15301 TURNBULL DR 108 OLEANDER CIR MIAMI LAKES, FL 33014 BK 15 LT 5 KEY LARGO BEACH ADDITION KEY LARGO PB4-22 OR251-5031504 OR124512322/23QC OR143&565MI8(PROB #96-7450) OR1438-MTA ML.L OR1480.496 OR1894-1425125 OR1996-1452 OR2289-1606 SCHOOL STATE LAW 1.6880 109,229 0 109,229 184.38 SCHOOL LOCAL BOARD 1.6990 1 oolm 0 109=9 185.58 GENERAL REVENUE FUND 1.0775 109,229 0 109,229 117.69 F&F LAW ENFORCE JAIL JUDICIAL 1.9786 109,229 0 109.229 216.12 HEALTH CLINIC 0.0276 109,229 0 109.229 3.01 GENERAL PURPOSE MSTU 0.2334 109,229 0 109,229 25.49 FLORIDA KEYS MOSQUITO CONTROL 0.4282 109,228 0 100=9 46.55 M C LOCAL ROAD PATROL LAW ENF 0.3517 109=9 0 100,229 38.42 SO FL WATER MANAGEMENT DIST 0.2549 109,229 0 109 229 27.54 OKEECHOBEE BASIN 0.2797 109=9 0 109,229 30.55 EVERGLADES CONSTRUCTION PRJT 0.0894 109,229 0 109,229 9.77 K L FIRE RESC & EMERG MEDICAL 0.7768 109,229 0 1D9= 84.85 TOTKUL-AGE 8.6828 ADWUNW1111TAXES1 $970.25 KEY LARGO WASTEWATER 1f4 COMOM TAXES AND ASSESSMENIM 1 81,412.21 441.96 NON AD VALOPENASSESSMIN S 1 $441.96 Received By $0.00 ayy 28, 2010 I � 3 , 2010 Jul , 2010 00503740000000335139 PADRON ERNESTO JR AND MIREILLE H1W 108 OLEANDER CIR 15301 TURNBULL DR MIAMI LAKES, FL 33014 BK 15 LT 5 KEY LARGO BEACH ADDITION KEY LARGO PB4-22 OR251-5031504 OR124rv2322=C OR14W-5651588(PROB SW7450) OR1435-56264WILL OR14W-496 ORISWI425125 OR1996-1452 OR22WI606 CHECKS ON U.S. RANKS ONLYTO DAME OL HOMPJEZ, CAC TAX COLLE = PA. I30X 1129, KEY VAW FL.33041-1129 If Received By May 28, 2010 Jun 30, 2010 Jul 30. 2010 Please Pay $0.00 $0.00 i0,00 Paid 11104/2009 ReoW 3 123-09-00000200 $1.3W.72 9 N 33 I AZ m Alb (t (4 L<S . 00503730-000000 00503750-000000 APPLICATIO ADMNISTRATIVE RELIEF APPLICATION Administrative Relief fee: $1,011.00 Property Owner's Name: ERNESTO AND MIREILLE PADRON Property Owner's complete mailing address: 15301 TURNBULL DRIVE MIAMI LAKES, FLORIDA 33014 Phone: (305) 826-4172 Fax: (305) 826-4178 Agent's Name: N/A Agent's complete mailing address: Phone: Fax: (Please attach a statement authorizing representation of this application by someone other than yourself. The statement should read: 1, (owner's name) authorize (individual you are authorizing to represent you) to represent my property for this application for Administrative Relief' PROPERTY DESCRIPTION: Lot 5 Block 15 Subdivision KEY LARGO BEACH ADD Key (island): KEY LARGO Street: OLEANDER C I R MM: 9 9 RE: 0 0 5 0 3 7 4 0- 0 0 0 0 0 0 If metes and bounds, attach legal description on separate sheet. Permit Application #: 0 5- 3- 2 0 3 3 Date of most recent ROGO application: AUGUST 0 8 , 2 0 0 5 What kind of administrative relief are you seeking? PERMIT FOR SINGLE,,FAFrTq Y RESIDENCE NOTARY: STATE OF FLORIDA COUNTY OF DADE The foregoing signature was acknowledged before me this 29 day of MARCH ,20 10 By ERNESTO PADRON aQ , who is personally known to me or produced (PRINT NAME OF PERSON SIGNING) PERSONALL 0 Ysr, identification. �*^ =or4' p'R`n Nola�y Public Stale or Fior da 'M My co p' s: Q Disabet Gonzalez T� 1 F A4y Commission DD6976W 9�`of rL°F E'•p;le� a' F23r2011 ature of Notary Pu , State of rida TO BE COMPLETE© BY STAFF- DATE: ' J d PERMIT # C_� S^3 Z � -3j Page 2 of 2 Adm=spa lve Relief Application 03M212009 A. Post .a ' #I�!t� �f"�G''��}'� � r . r.. r ....-. .n................n. .Mn.,n.n.MM,rr,.:r..:.,..r..:a:.:.,��.,:•��.,��.���:.�.Y,,;_:.-�-,-:i..:w:.�k,.J,.M,n.kM�,M�.-r.r.,mrnmr,.Mr,�r,-ram .rNrvrrv,-,.,r+,rrrw* RECEIPT NUMBER �" �.: 1353�03 RECEIPT pkT� �04 LiTf2 Q1� . 5"fttT4J5 T . DOCLWEH7 CH P.THIS kCPT BALANCE DUE PAIL TO DATE TOTAL. FEE '. DESCRIPTION ry, P, 053aR0�13 >A 1011. 00: 1091.On 9$0.00. 7049. TO BK15 LT5 K-EY . :. ........ .. ....... e TOTALS 1fl11.00 1D91.00 550.00< 7b49.FU RECEIVED BY jS Ldilw1 CC ; :: i'R3TE5',AflFI RELIEF APPLICATION KECEIVC�r PROM ERNE5-M PADRON JU LI LIF 3,015. 1 :F ..CASHM-AWCA :. :.. Ullp 110E.2 . ' n .... .: '.. ':. .'. ..: .. ..... ...� �. .................................... .. �. �..����h.�,��-.n ..��.�:-.r-.• .................... .. .. .. . AMT TENDERED 1p�3 CIO: - T APPL+IEd :',f' , 0 1. ODf:, CHAhIGE33U , :. >: D. D4 `' Pay MCthDIJ --- -- - - CODE AMOUNT' CnCLmrLt1T Me . rn.. .. ... .. ... ... ..: .. ..... ........ r; ijj 11T17 . QO 1307 ... ... }:; TOTAL ..:Ep 1011. 00 SOLD PROPERTY We CONDOR CONSTRUCTION CORP. sold Block 15• Lot 5 Subdivision: Key Larizo Beach AdditiLar oon. Key: Ke (RE:00503740-000000). The new owner(s) ERNESTO PADRON JR. AND MIREILLE PADRON have all rights on ROGO and Building Permit application No. 05302033. Please send all original documentation to new property owners regarding ROGO to: Name(s): ERNESTO PADRON JR. AND MIREILLE PADRON Mailing Address: 15301 Turnbull Drive Miami Lakes FL 33014 Phone Numbers: Home: 305-512-9564 Work: 305-826-4172 Cell: 305-206-2419 Attached is a copy of the recorded DEED transferring ownership. Date: 7 e,llers ame: CO OR CONSTRUCTION CORP. Sworn before me this - `j _ day of r , 2 L- 'Notary Publ( My Commission Expires: WWY DAVIS MY COMMISSION II DD VA723 * * EXPIRES. march 25. 2011 -•��FOl1L�e BOflABiiiNtiuwY�•'^"""�SBTYICIB 1t _,uMmt_ KCGI- 11ILL 4- PAGE 02 Do" lllr'107 N/1i!!!!7 to l ow dertl in o►►lei•1 Swords of 4t4!>la!!M7 tqp� Opo x Rfll rt Dl NM U,M.N Ii [Is INSTRUMENT PREPARgD BY AND PMURN TO: Lisa 1., Millet Corot Reef Title Company OWN qWM I W 12 5 OversM Highway fte 2 M is" an Key Lorgo, Florida 33037 I'r,rprrty APinaims Pat"] Idmtillk,41 n (Folio} Numbers' 00503740.001=1 I tf-1912 BALBAaOVH THq W a KM RCeOlt UM DATA THIS WARRANTY DEED, nude the 25td day of Aprlk 2007 by Condor Coltdlreatdoa Carparatien ■ corporation aldisaag ,t„atr Ihr law* o1'Ihe Stare ofFiorida turd boving its principal plats ofbusinem ae 226017 N.W, 143 Od Are. High Sp,iegs, FL 32643. Irrrem called the xraator, to Lrnasfo Padroa, Jr, IN Male Fatima, htnband and "if* who* par sMte address is 15301 Turnbull Drive. M raml Lakes, FL 33014, hminsller tolled the Greaten! n +„r,,,•r used Arrrra stir a+.rr "rrracror' anti *,vn/er' lael,ratr ef! 14r palYlrr b rill, h+rrrrateal cad Mt Aelrr legs! reprrsexrNirrr cad an" of 4 G.nlr.dr 00dJhVMetwW ronardiMxrgfe*ospww&"4j �1 I 'I Y r S S E T H: That the grantor, for and in tondideetion orthe sum arTEN AND G0r'100'3 (S 10.00) Dollars and other vaFwble mosOculluns, resent whrreof is hereby acknowledged, hereby annals, bargains, sells, alleoL reotises. (alel)e), Conveys and eonr=4 .a,lw 0% Omni" all that eenaln 1Ntd situate in Masuoe CrwntY, State of Florida, via.: I .ol s, etcck 13, KEY LARGIO MACH ADDMOr4. aseerdiag so tho Pr.r th,areef, as raaorded In Pla( Book 4, a( page l; o f trot Public Records of Mantua County, plerld4. 7'OCE?IIER, with ■II the lanattgsnb, Iteraditettleals arld apyi .none, Iberero belaging or In anywise appertaining. I'0 HAVE AND TO HOLD. (baCorn, in fen gimpla Ibnrveu. Will. d,. ilrantor hereby 000rag s with said Pmees that the greroa is law,{uiiY wilted druid land in fee slrttpk; that the grtunor has :,,,,,I rlpin and lrwtul arrthoriry ro sell and c-vey said laud, and her„ by wadranta the tide to mid land and will defend the game spinst the l„I,d claims of o11 pwsom whorniar.er, and tint mid (and is hen ofsh eneumbmwos, except rises aecMag sub)equm, Ie December 31. !I itty IN 11'17NESS WH$REOF. Ike said grenrar bos IIIV ( and waled these presonta the day dad you first above Wrhlcn. 11 ORPORAU SEAL) WI TS1. tirpuetl, tteaied and livered in this presence or; tVlulen rr l 9 lure WENDY N' anera dl Prl t1,h,egsM2S litre Cf4- z cliff Warless #2 pri Noem ti I A 11 Or FLORIDA (r DI h"ry OF MONROS Condor raft, ration ` Nehoto, , Idea( .: ,, ,_ �• •z_ Y ,op 11w fuel tµoitt4 insdru MA was aekho rtadged before rnr (his lard dais of April 2007 by Orr>a 13. Noise», Presideat and i I, tirk'I'ht larart etc* Ceetaovet�en Carp—:!&-'oe an behalforrhe eamonrion. Y personally knoom to fne o► hurha.e produced as identification. S LAL �. tiiy t'upkrtl))krn expires: Pt te:d ,nary Come �"" t r'"■i ion �01�1� ttistyl>R Abel IiPT>t 1114 MIp4i0 �ppRp a"'ese+nwrser. !t4•1.1k0S Warranty peed f(omCorpontlon BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 16, 2010 Division:_ Growth Management Bulk Item: Yes No X Department: Planning and Env. Resources Staff Contact/Phone #: Tiffany Stankiewicz 289-2513 Michael Roberts 289-2502 AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for Steve Swanberg on Lot 1, Block 11, Cutthroat Harbor Estates 1st Addition, Cudjoe Key, Real Estate Number 00185330.000000. ITEM BACKGROUND: A building permit was applied for on 12/10/2004 and a ROGO application was applied for on 12/13/2005. The applicant applied for administrative relief on 2/19/2010 and is within the allowable time frame to be eligible for administrative relief under Section 138-27 of the Monroe County Code. Staff recommends that administrative relief be awarded in the form of one (1) dwelling unit allocation. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: NIA STAFF RECOMMENDATIONS: Approval in the form of one (1) dwelling unit allocation. TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes N/A No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management NIA DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: Monroe County Board of County CommissionerZronmental From: Tiffany Stankiewicz, Development Administrato Michael Roberts, CEP; PWS, Sr. Administrator Resources Through: Townsley Schwab, Director of Planning & Environmental Resources *75 Date: May 24, 2010 Subject: Request for Administrative Relief for Swanberg Lot 1, Block 11, Cutthroat Harbor Estates 1st Addition, Cudjoe Key, Real Estate No. 00185330.000000 I. BACKGROUND The applicant is eligible for Administrative Relief, has complied with all requirements of the dwelling unit allocation system, has been considered in the first sixteen consecutive quarterly allocations and has not received an allocation award. Date Entered ROGO: 12/13/2005 Date Entered Administrative Relief: 2/19/2010 Tier Score: 30 Tier 3: 30 Perseverance: 4 This application was ranked #38 in Quarter 2 Year 18. II. CURRENT CONDITIONS Location: Lot 1, Block 11, Cutthroat Harbor Estates 1 st Addition, Cudjoe Key, Real Estate No. 00185330.000000 Owner: Steve Swanberg Land Use District: Improved Subdivision (IS) Tier: 3 Page 1 of 3 04105551 Applicaut/Agent: N/A FLUM: Residential Medium (RM) Reviewed by -Z:3�? Habitat: Undeveloped Land Parcel is cleared, scarified canal front lot within a developed, improved subdivision. Property has been removed from the FEMA Injunction list. 2009: Taxable Value: $104,400 Purchase Price in 2008: $130,000 III. LEGAL ELIGIBILITY AND OPTIONS Eligibility for Administrative Relief Options: Section 138-27 of the Monroe County Land Development Regulations and Policy 101.6.1 of the 2010 Comprehensive Plan provides a mechanism whereby an applicant who has not received an allocation award in the ROGO system may apply to the Board of County Commissioners for Administrative Relief. The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling unit allocation system and having been considered in at least the first sixteen consecutive quarterly allocation periods, and not having received an allocation award. The application was timely submitted for administrative relief in the form of one (1) ROGO allocation award and the applicant has not expressed a desire to sell the property to the County. Relief Options under Administrative Relief: The remedies available to the Board of County Commissioners for Administrative Relief pursuant to Section 138-27(f) include: a. Offer to purchase the property at its fair market value as its preferred action if the property is located within: a) a designated Tier I area; b) a designated Tier II area (Big Pine Key and No Name Key); c) a designated Tier III -A area (Special Protection Area); or d) a designated Tier III area on a non -waterfront lot suitable for affordable housing. b. Grant the applicant an allocation award for all or a number of dwelling units requested in the next succeeding quarterly allocation period or extended pro rata over several succeeding quarterly allocation periods as the preferred action for buildable properties not meeting any of the criteria in (1) above. c. Suggest or provide such other relief as may be necessary and appropriate. In the event purchase is recommended and the owner refuses the purchase offer, the applicant may remain in the ROGO System and continue earning perseverance points according to Monroe County Code Section 138-28. IV. RECOMMENDATION It is recommended that the Board of County Commissioners find that the applicant has met the criteria and qualifies for Administrative Relief. It is further recommended that a Resolution be adopted that establishes this relief awarding one (1) ROGO allocation in the next quarterly Page 2 of 3 Reviewed by 04105551 1 2 3 ROGO allocation period which closes 7/12/2010, or a succeeding quarterly allocation period in which Page 3 of 3 04105551 administrative relief allocations are available. Reviewed by z� Aw- RESOLUTION NO. —2010 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY STEVE SWANBERG ON PROPERTY DESCRIBED AS LOT 1, BLOCK 11, CUTTHROAT HARBOR ESTATES 1ST ADDITION, CUDJOE KEY, RE # 00185330.000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Steve Swanberg submitted an application for administrative relief under Sec. 138-27 of the Monroe County Land Development Regulations; and WHEREAS, the Monroe County Board of County Commissioners makes the following findings of fact and conclusions of law: 1. The application for administrative relief from Steve Swanberg is for Lot 1, Block 11, Cutthroat Harbor Estates 1st Addition, Cudjoe Key in Monroe County, Florida having RE# 00 185 330.000000. 2. The date of the ROGO application is 12/13/2005. 3. The ROGO allocation application has been in the ROGO system for at least four (4) consecutive years and qualifies for administrative relief under Policy 101.6.1 of the Monroe County Year 2010 Comprehensive Plan. 4. Monroe County Code (MCC) Section 138-27 provides a mechanism whereby an applicant who has not received an allocation award in ROGO may apply to the Board of County Commissioners for administrative relief. 5. The Board of County Commissioners (BOCC) has the authority to grant administrative relief under Section 138-27(f) and may grant the applicant a building allocation, offer to purchase the property at fair market value, or provide such other relief as may be necessary and appropriate. 6. The applicant applied for administrative relief on 2/19/2010, under Section 138-27 of the MCC and Policy 101.6.1 of the 2010 Comprehensive Plan. 7. Policy 101.6.5 of the 2010 Comprehensive Plan provides criteria to be used for determining lands that are appropriate for acquisition and the criteria includes the environmental sensitivity of the vegetative habitat on the lot and the applicable Tier designation. AQMI`I.SIRATIVE RELIEF RESOL[ TION Page 1 of 2 RE# (XI I S5 '30 WoO0 l $105551 8. The subject property has the land use district designation of Improved Subdivision (IS), is located in the Cutthroat Harbor Estates 1st Addition and is located in a Tier 3 designated area. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to Steve Swanberg, for Lot 1, Block 11, Cutthroat Harbor Estates 1st Addition, Cudjoe Key in the form of one (1) dwelling unit allocation, subject to the following conditions: 1. The timing of the issuance of the permit shall be in accordance with the annual number of residential allocations defined by Policy 101.2.13 of the Monroe County Year 2010 Comprehensive Plan and as required by Section 138-27 of the Monroe County Code. 2. The allocation award shall be taken out of the next quarterly allocation which closes on 7/12/2010 or in the succeeding quarterly allocation period in which administrative relief allocations are available. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 16th day of June, 2010. Mayor Sylvia J. Murphy Mayor Pro Tern, Heather Carruthers Commissioner Mario Di Gennaro Commissioner George Neugent Commissioner Kim Wigington BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA IWo (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK Mayor Sylvia J. Murphy MONROE COUNTY ATTORNEY ROVEp AS T FORM Dale; - 0 4ty ADM INI.STRATIvE RELIEF RFSOLUTION Page 2 of 2 RE# (x1I8533f1.0(NX)fX) 04105551 Property Search -- Monroe ;ity Property Appraiser Page] of 5 Ervin A. Higgs, CFA Property pp Appraiser office (305) 292-3420 fax (305) 292-3501 Monroe County, Florida Property Record View Alternate Key: 1237311 Parcel ID: 00185330-000000 Ownership Details Mailing Address: SWANBERG STEVE 1083 LABAT LANE CUDJOE KEY, FL 33042 Property Details PC Code: 00 - VACANT RESIDENTIAL Millage Group: 1o0C Affordable Housing: No Section-Townshlp- 33-66-28 Range: Property Location: BK11 LT 1 DE LUSSAN LN CUDJOE KEY Subdivision: CUTTHROAT HARBOR ESTATES 1 ST ADD Legal Description: BK 11 LT 1 CUTTHROAT HARBOR ESTATES FIRST ADDN CUDJOE KEY P135-6o OR405-1091 OR1290- 2076 OR2003-2162 OR2175-817/19RESTR OR2379-1084 http://www.mcpatl.org/PropSearch.aspx 5/5/2010 Property Search -- Monroe *-ity Property Appraiser Page 2 of 5 Parcel Map Land Details Land Use Code M10C - RESIDENTIAL CANAL Building Summary Number of Buiidings: 0 Number of Commercial Buildings: 0 Land Area 7.500.00 SF http://www.mcpafl.org/PropSearch.aspx 5/5/2010 Property Search -- Monroe 4 ity Property Appraiser Page 3 of 5 Total Living Area: 0 Year Built: 0 Appraiser Notes SFR PERMIT WAS ISSUED 2004 - THE SIGN ON THE PROPERTY STATED MOTIVATED SELLER FOR SALE BY OWNER LISTING STARTED AT $299.000.00 WAS REDUCED TO $199,000.00 AND SOLD FOR $130,000.00 WITH A BUILDING PERMIT._ SEE PHOTO_(SGS) PERMIT WAS NEVER ISSUED PER BUILDING DEPT (SGS) 2009 2004/1/3 VACANT AND WOODED; DELUSSAN;MB Parcel Value History Certified Roll Values. View Taxes for this Parcel. http://www.mcpafl.org/PropSearch.aspx 5/5/2010 Property Search -- Monroe raty Property Appraiser Page 4 of 5 Roll Year Total Bldg Value Total Misc Total Land Total Just Total Assessed School . School Taxable Improvement Value Value (Market) Value Value Exempt Value Value 2009 0 0 104,400 104.400 104,400 0 104.400 2008 0 0 97.500 97,500 97,500 0 97.500 2007 0 0 75,000 75,000 75,000 0 75,000 2006 0 0 75,000 75,000 75,000 0 75,000 2005 0 0 60,000 60.000 60,000 0 60,000 2004 0 0 45,000 45,000 45,000 0 45,000 2003 0 0 27,000 27,000 27,000 0 27,000 2002 0 0 27,000 27.000 27,000 0 27.000 2001 0 0 27.000 27,000 27,000 0 27,000 2000 0 0 27,000 27,000 27,000 0 27,000 1999 0 0 27,000 27,000 27.000 0 27.000 1998 0 0 27,000 27.000 27,000 0 27,000 1997 0 0 27.000 27,000 27.000 0 27,000 ? 1996 0 0 27,000 27.000 27,000 0 27.000 i 1995 0 0 27.000 27.000 27 000 0 27.000 1994 0 0 27,000 27,000 27.000 0 27,000 1993 0 0 30,000 30,000 30,000 0 30.000 I 1992 0 0 30,000 30.000 30,000 0 30.000 1991 0 0 30,000 30,000 30,000 0 30,000 1990 0 0 24,000 24,000 24,000 0 24,000 1989 0 0 20,700 20,700 20,700 0 20.700 1988 0 0 17,250 17,250 17,250 0 17,250 1987 0 0 18.750 18,750 18,750 0 18.750 1986 0 0 15,000 15,000 15,000 0 15,000 1985 0 0 15,000 15,000 15,000 0 15,000 1984 0 0 15,000 15,000 15,000 0 15,000 1983 0 0 15.000 15,000 15,000 0 15.000 1982 0 0 9,974 9.974 9,974 0 9,974 Parcel Safes History NOTE: Sales do not generally show g y up in our computer system until about two to three months after the j date of sale. If a recent sale does not show up in this list, please allow more time for the sale record to be processed. Thank you for your patience and understanding. ! Sale Date Officla! Records BooklPage Price lnstrumeM qualification j 914/2008 2379 / 1084 130,000 WD p i 2/1712004 2003 / 2162 35,000 WD C. 11111994 1290 / 2076 30,000 WD fl This page has been visited 42,936 times. Monroe County Property Appraiser Ervin A. Higgs, CFA http://www.mcpafl-org/PropSearch.aspx 5/5/2010 Property Search -- Monroe CC ity Property Appraiser Page 5 of 5 P.Q. Box 1176 Key West, FL 33041-1176 http://www.mcpafl.org/PropSearch.aspx 5/5/2010 r at5c 1 U1 L Mkip Red Estrrte Acasaats Roll Taos Status Due Roll Year: 20D9 Class Value: 0 1M 2009 2009 Acct: Pail -In -full Tax Year: 20D9 Just Value: 104,400 CartifiCRIMS 20D8 2008 Acct: Paid -in -full Amount Number: 1237311 School Assessed Value: 104,400 Rel-OU 20D7 2007 Acct,. Paid -in -full ` ' Assessed Value: 104,400 Tanow a 20D6 2D06 Acct: Paid -In -full Parcel Number: G019533D000000336628 Exemption Value: 0 tleNeras lax 2005 2005 Acct: Pald-In-full Mg1age Cade: 100C Taxable Value: 104 00 shapplail con 2004 2003 2004 Acct: PaM-4n4WI 2003 Acct: Pald-ln4ull Cer"Illed Roll Oumer(s): SWANBERG SIEVE 1063 LABAT LANE Ad Valorem: $1,041.60 2002 2002 Acd: Paid-infirll CLID30E KEY, FL 33042 Nan -ad Valorem: Total Tax: $0.00 2001 2001 Acd: Paid -In fu11 Sltus Address: SK11 LT 1 DE WSSAN ;1,041.60 LN, �► 2000 2000 Acd: Paid -in -full WD30E KEY 1999 1999 Acd: Pald-In-full 1998 1998 Acd: Paid -in -full Total Due: $0.00 Account Search 1237311 (aq. smah Sohn) (e.g. 122 main st) Tax W 1237311 SWANBERG SIEVE CIID30E KEY 20D8 1237311 SWANBERG STEW BK11 LT 1 DE WSSAN LN CIIDJDE 2009 KEY Search results as of less than a minute 09D 11 - 12 « .. Copyright ® 1997-2010, Grant Street Group. All rights reserved, P44006e . S�Ihv�ae 71ar Warlr 0 https://www.monroe.county-taxes.comhcb/app/re/accotmts 5/7/2010 ANISE D_ HENRIOUF7_ C_F_C.,f SWANBERG STEVE 1083 LABAT LANE CUDJOE KEY, FL 33042 00185330000000338828 BK11 LT 1 DE LUSSAN LN BK 11 LT 1 CUTTHROAT HARBOR ESTATES FIRST ADDN CUDJOE KEY PB5$0 OR405-1091 OR12W2078 OR2003-2162 OR2175-817119RESTR OR2370-1064 SCHOOL STATE LAW 1.6880 104,400 0 104.400 176.23 SCHOOL LOCAL BOARD 1.6990 104,400 0 104.400 177.38 GENERAL REVENUE FUND 1.0775 104.400 0 104,400 112.49 F&F LAW ENFORCE JAIL JUDICIAL 1.9786 104.400 0 104,400 206.57 HEALTH CLINIC 0.0276 104,400 0 104,400 2.88 GENERAL PURPOSE MSTU 0.2334 104.400 0 104.400 24.37 FLORIDA KEYS MOSQUITO CONTROL 0.4262 104.400 0 104,400 44.50 M C LOCAL ROAD PATROL LAW ENF 0.3517 104,400 0 104.400 36.72 SO FL WATER MANAGEMENT DIST 0,2549 104.400 0 104.400 26.61 OKEECHOBEE BASIN 0,2797 104.400 0 104,400 29.20 LOWER & MIDDLE KEYS FIRE & AMB 1.8709 104,400 0 104,400 195.32 EVERGLADES CONSTRUCTION PRJT 0.0894 104,400 0 104,400 9.33 TOTAL MOI AGE 9.9769 AOWLOREIl1ITA=j $1,041.80 NONADvALOWMASSESSIMMTs I $0.00 OOMBWEQ TAXES AND ASSESSMENTS I $1,041.W EWE = for If ROWNed By f $$May 0.008, 2010 I Jun ' 2010 1 $0 o' 2o1a I DANISE D. HENRIQUEZ. C.F.C. 2L108 Real EH1tMe 00185330000000330028 SWANBERG STEVE BK11 LT 1 DE LUSSAN LN 1083 LABAT LANE CUDJOE KEY, FL 33042 BK 11 LT 1 CUTTHROAT HARBOR ESTATES FIRST ADDN CUDJOE KEY P85-00 OR406-1001 OR1290-2076 OR2003-2162 OR2175.817I19RESTR OR2379-1084 CHECKS ON U.S. BANKS ONLY TO DMISE Q HENRIQUEZ, C.FC TAX COLLECTOR PAX BOX 1129. KEY WEST. FL =414120 If Received By May 28, 2010 Jun 30, 2010 LJ$UOI 30,2010 PleasePay $0.00 $0.00 00 Paid 0341/2010 Reoelprt # 121-09-00005097 $1,041.00 Qa 4' Q 0 w 4 LF PAID BY — Preis removes from injunction c 515r2OW 00159430-OOM 2/4/2010 00161010-000000 326/2007 00161590-000000 2/222006 00163011-000100 2/222006 00163011-OMOO 11/26/2007 00163460-000000 W=006 00163690-000000 9/12/2007 00164140-000000 2/22/2006 00164700-000000 3/10/2010 00164840-000000 2/22/2006 00164880-000000 10/20/2007 00165170-000000 3/23/2006 00165890-OOOOOO 1 /27/2OD9 00166080-0pO(M 2/4/2010 00166120-000000 11/26/2007 00166973-010000 3/42008 00166976-000000 4/52006 00166976-006400 1/2712009 DOI70630-000000 1/27/2009 00170640-0QO000 9/13/2006 00172061-003OW 9/13/2006 00173550-0Op000 6/26/2009 00173730-000000 5/3/2006 00174350-000000 11/26/2007 00174635-001800 12/16/2005 00178350-000000 12/16/2005 001783604000000 12/16/2005 00178370-000000 12/16/2005 00178380-000000 4/5/2006 00180190-000000 6/13/2006 00180770-000000 2/22/2006 00180840.0000DO 6/16/2008 00180980-OOOOOO 9/132006 00181060400000 4/52406 00181460-000000 5/3r2OO6 00181470-000000 6/26/20DO 00181480-M000 411 WO07 00181610-0000DO 4162006 001816504)00000 1/2712009 00181850-OOWW 11272009 001822504XI0000 1 /27/2009 00182260-000000 6/13/2006 00184440-000000 3/10/2010 00184630-000000 7/262006 00184720-MOOO 12/32008 00184760-000000 12/3/2008 00184770-000000 8/31 /2009 00184920-000000 3/42008 001850104000000 611612WB 00185020-000000 2/22/2006 0018526049X)M Page 3 -f vL)L,, F t - &4f c.. (`S I Av- 00185320-000000 ��Oa85330 ODGQO� � 00185340-000000��le C w-c c� C C. ADMINISTRATIVE RELIEF APPLICATION Administrative Relief fee: $1,011.00 Property Owner's Name:_ Steve Swanberq Property Owner's complete mailing address: 1083 Labat Lane, Cudjoe Key, FL 33042 Phone: 305-744-1691 Agent's Name: Agent's complete mailing address: Phone: Fax: Cell:305-744-1685 Fax: (Please attach a statement authorizing representation of this application by someone other than yourself: The statement should read: 1• (owner's name) authorize (individual you are authorizing to represent you) to represent my property for this application for Administrative Re lie(" PROPERTY DESCRIPTION: I.ot 1 Block 11 Key (island): Cudjoe Street: De LuSsan !f inetes and houtrds•, artuch legal description vn verurate sheet. Permit Application #: 04105551 Date of most recent ROGO application: December 13, 2005 What kind of administrative relief are you seeking? NOTARY: STATE OF FLORIDA COUNTY OFD[t Subdivision Cutthroat Harbor Estates,First addition Doi7100.- 6)3j r) MM: 23 RE: -0018533.0099W Applicant's Signature The foregoing signature was acknowledged before me thisnt? day of CE.! ,20 1C% . By (PRIN"T NA1[E 01 My commission t++""'� SUSAI4V.MrNESES y AVB as identification. .�>!��;•: Notary Public - State of Florida _•� My commission ExpirasMar ?.20t1 %y commissionM Or)637500 •``F BondrdThro4hNlaionalN:,!arr:,m e or produced Signature of Notary Public, State of Florida"$ TO BE COMPLETED BY STAFF. DATE: Q!� PERMIT # �� S rkw z of! 4Am�ru slr�n a Reliei APPI 1C160. SOLD PROPERTY (TRANSFER OF ROGO/ BUILDING PERMIT APPLICATION RIGHTS) I, Lynn S. Smith sold Lot 1, Block 11, Cutthroat Harbor Estates, First Addition on Cudjoe Key RE: 00185330-000000. The New owner, Steve Swanberg, has all rights on ROGO application and Building Permit application/plans No. 04105551. Please send all correspondence regarding ROGO to the new property owner: Steve Swanberg 1083 Labat Lane Cudjoe Key, FL 33042 Home Phone: 305-744-1691 Cell Phone: 305-744-1685. C Lynn S. S NOTARY: STATE OF FLORIDA COUNTY OF MONROE D e The foregoing signature was acknowledged before me this. day of January, 2010. By Lynn S. Smith who is personally known tome or has produced r; ! Lt({�r�c' as identification. My Commission expires: Signature of Notary Public, State of Florida C+h4Y1 V MEI:ESES Notary Public - Stale ci FI-.: „a Y Commission Expo e: t,lar ? 2011 COrnmissfon DC1 s�; ran Bonded Througi, hahtm i r4r? a r:. Assn - , 3D r--j--) q1D, This Doearnent Prepared 8y and Return (u.� Law Offices of Thomas D. Wright, Esquire pgQp 1711023/t2/ $ Marl Overseas Higg50 hway F11ald a ROCOrded in OTflafal Reco c Marathon, £L 330of MOMM COUNTY CANNY L. KOLtMa Parcel lD Number. sY/12/2006 9:20AM Umusc, v: TIN: OMD DOC Vow IX: pN s910,e0 G.anl w• c_ T IN: DtaeM 2.711023 Warranty Deed Bkp 2379 Pop im This Indenture, Made this 4 th day of September , 2008 A.D. , Between Lynn S. Smith, a single woman of 'IN C,.0 o, .-I Monroe , state of Florida , grantor, and Steve Swanberg, a single man ttlx-.e .Lkkl . . 1083 Labat Lane, Cudjoe, FL 33042 ,.t )llc G-11, . I Monroe State 01' Florida , grantee, Witnesseth 6,1 the GRANTOR, lil, and in considcntian ol'the sum nl' --------------------------TEN DOLLARS ($10)-------------------------- DOLLARS. .Ilsd , ll" p.aal atnl valuahle cunaidcratian to GRANTOR in hand paid by GRANTEE, the receipl whereall' is hereby acknowledged ha, premed haspiu d alld .—ld tr the said GRANTEE sad GRANTEES heirs, successors and assittu lorcvtr, the Wkwing described land, xuuxte. Irnlg and Neil p In 1I Cutomy 11l Monroe State of Florida to Wsl Lot 1, Block 11, CUTTHROAT HARBOR ESTATES, FIRST ADDITION, according to the Plat thereof, as recorded in Plat Book 5, Page 60 of the Public Records of Monroe County, Florida. The preparer of this instrument was neither furnished with, nor requested to review, an abstract on the described property and therefore expresses no opinion as to condition of title. Jud Ihv pr:l1lti'1' duVN IlcriW IUlly µaRaltt the ts11C Itl Bald land. and wil defend the same against IiWIYI elannK 14 all TICM111% MIIIN11411'ViY In Witness Whereof, sole brissu.r has hereisullt sel htY harM and sea lite da) and year feria ahtll'v Signed, sealed and delivered in o presence: µntlen. Name: / p, a �S (.�J/rr t 7 Witness (Sea[) Lynn S . Smut ter' P 0. Address. "3 Grinnel Street, lief M esl. FL 33040 rented Name: co, , rDss�,g/ Witness "' MNROE COUNTY OPPICIAL RECORDS STATE OF Florida COUNTY OF Monroe the I:urgmpg Inalrulneus was aeklulw'ledW bclilrc me tlu+ 4th eta of Lynn S. Smith, a single woman ) September 2008 h) .hc I. Ites aanalh ki-11 su nle,.r she our produced by Florida driver's license as Identifiution NOTARY 11711LICSTATEOFFLORIDA Thomas D. Wright =10mlminion#DD67S400 rented Name: �B,vsuL D. Wri C (,,,..'Expires: JMY06,2011 Notary Public My Cnmtnraron Explrrs a-75'r L�r. C,esaaer E. Unrlln },wn. 1W +aw 10 h fat-5551 ranrLWD.- MONROE COUNTY ***LIVE*** Item 1 of 1 PERMIT RECEIPT Sec:33 Twp:66 Rng;28 Sub: Blk: Lot: RE: ........: 00185330000000 DATE ISSUED.......: 02/22/2010 RECEIPT #.........: 133550 REFERENCE ID # ...: 04105551 SITE ADDRESS BK 11 LT SUBDIVISION ....... CITY ............. IMPACT AREA ...... OPERATOR: stankiet COPY # : 1 1 CUTTHROAT HARBO OWNER ............. SMITH LYNN S ADDRESS ... 1182 COATES LANE CITY/STATE/ZIP CUDJOE KEY, FL 33042 RECEIVED FROM STEVE SWANBERG CONTRACTOR KRAUSE, RUDOLPH (RUDY) LIC # 01808 COMPANY RUDY KRAUSE CONSTRUCTION ADDRESS . 26351 OLD STATE ROAD 4-A CITY/STATE/ZIP ...: RAMROD, FL 33042 TELEPHONE ........; (305) 872-2100 FEE ID -- UNIT ---- --------- QUANTITY - AMOUNT PD-TO-DT THIS REC NEW BAL 1-I F 1-I L FLAT RATE FLAT RATE 1.00 ---------- 105.00 ---------- 0.00 --- 0.00 - ----�. .00 1-I P FLAT RATE 1.00 1.00 242.00 340.00 0.00 0.00 24242.00 1-I R.FLAT RATE 1.00 633.00 0.00 0.00 0.00 340 1-I S FLAT RATE 1.00 150.00 0.00 0.00 0.00 633.00.00 1-I W FLAT RATE 1.00 64.00 0.00 0.00 150.00 B- A PLAN FLAT RATE 1.00 100.00 0.00 64.00 B- 0 EDUC FLAT RATE 1.00 2.00 0.00 0.00 100.00 B- 2B APPL FLAT RATE 1.00 750.00 750.00 0.00 0.00 2.00 B- 3 BLDG B- 7 FLATW SQ FT SQUARE FOOTAG 4,686.00 1,625.00 425.00 0.00 0.00 0.00 25 450.00 B-11A CIST EACH 1.00 50.00 100.00 0.00 0.00 BI-MITIGAT FLAT RATE 1.00 1200.02 0.00 0.00 0.00 100.00 E- 0 EDUC FLAT RATE 1.00 2.00 0.00 0.00 1200.02 E- 3A OUT SQUARE FEET 4,686.00 470.00 0.00 0.00 2.00 E- 3B OUT EACH OUTLET 29.00 290.00 0.00 0.00 470.00 E- 4A SERV TEMP SERVICES 1.00 50.00 0.00 0.00 290.00 E- 4B SERV SERVICES 1.00 50.00 0.00 0.00 50.00 E- 4J SUB SERVICES 1.00 50.00 0.00 0.00 50.00 E- 5A MOTO MOTORS 2.00 100.00 0.00 0.00 0.00 50.00 E- 9B A/C SYSTEMS 2.00 100.00 0.00 100.00 E-13 LOW R. SYSTEMS 1.00 50.00 0.00 0.00 100.00 LDR 1-SFR FLAT RATE 1.00 75.00 0.00 0.00 55.00 LDR FEMA FLAT RATE 1.00 40.00 0.00 0.00 75.00 M- 0 EDUC FLAT RATE 1.00 2.00 0.00 0.00 40.00 M- 2 2A/C SYSTEM 2.00 130.00 0.00 0.00 2.00 M- 3 DUCTW DROPS 24.00 240.00 0.00 0.00 P- 0 EDUC FLAT RATE 1.00 2.00 0.00 0.00 240.00 .00 0.00 2 2.00 Item 1 of 1 MONROE COUNTY ***LIVE*** PERMIT RECEIPT Sec:33 Twp:66 Rng:28 Sub: Blk: Lot: RE: 00185330000000 OPERATOR: stankiet COPY # : 1 - DATE ISSUED.......: 02/22/20 RECEIPT #.........: 133550 REFERENCE ID # ...: 04105551 SITE ADDRESS .....: BK 11 LT 1 CUTTHROAT HARBO SUBDIVISION ...... CITY ............ IMPACT AREA ....... OWNER ...... ...... : SMITH LYNN S ADDRESS 1182 COATES LANE CITY/STATE/ZIP CUDJOE KEY, FL 33042 RECEIVED FROM STEVE SWANBERG CONTRACTOR KRAUSE, RUDOLPH (RUDY) LIC # 01808 COMPANY RUDY KRAUSE CONSTRUCTION ADDRESS . 26351 OLD STATE ROAD 4-A CITY/STATE/ZIP RAMROD, FL 33042 TELEPHONE (305) 872-2100 FEE ID -- UNIT ---- --------- QUANTITY ---------- AMOUNT PD-TO-DT THIS REC NEW BAL PLBG R- 0 EDUC FLAT RATE FLAT PATE 1.00 ---------- 343.00 ---------- 0.00 ______ --- 0.00 ---------- 343.00 R- 9A ROOF SQUARE FEET 1.00 2,319.00 2.00 120.00 0.00 0.00 RADON/NEW SQUARE FOOTAG 4,686.00 23.43 0.00 0.00 0.00 02. ,00 100 RECOV/NEW SQUARE FOOTAG 4,686.00 23.43 0.00 0.00 23.43 ROGO ZONING-032 FLAT RATE FLAT RATE 1.00 430.00 430.00 0.00 0.00 23.43 0.00 1.00 ---------- 1011.00 0.00 1011.00 0.00 TOTAL PERMIT 1952.86 ---------- 430.00 1011`00 511.86 *NOTE*: THIS RECEIPT HAS FEE CREDITS TOTALING: 750.00 METHOD OF PAYMENT AMOUNT NUMBER ---------- - ------------------ CHECK 1011.00 5129 TOTAL RECEIPT : 1011.00 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 16, 2010 Division: Growth Management Bulk Item: Yes No X Department: Planning and Env. Resources Staff Contact/Phone #: Tiffany Stankiewicz 289-2513 Michael Roberts 289-2502 AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for Miriam C Rodriguez on Lot 28 , Block 4, Revised Amended Plat of Riviera Village, Key Largo, Real Estate Number 00511460.000000. ITEM BACKGROUND: A building permit was applied for on 12/8/2004 and a ROGO application was applied for on 3/29/2005. The applicant applied for administrative relief on 10/6/2009 and is within the allowable time frame to be eligible for administrative relief under Section 138-27 of the Monroe County Code. Staff recommends that administrative relief be awarded in the form of a purchase offer by the Monroe County Land Authority. The property is in Tier 3-A (Special Protection Area) and is not on the list for re -consideration of a tier designation. The property is on the FEMA Injunction List. As of Quarter 2 Year 18 this application's market rate ranking was #187 out of 217 applications in the Upper Keys subarea. If the owner does not accept the offer provided by the Land Authority, the property remains in ROGO. The application will continue to earn perseverance points pursuant to the vesting provision for applications in the ROGO system prior to the effective date of Ordinance 09-2006. After the application has been in ROGO 5 years, it will begin earning 2 perseverance points per year for each year thereafter that the application remains in the ROGO system. The applicant may amend the ROGO application to increase points through land dedication or purchasing points. PREVIOUS RELEVANT BOCC ACTION: NIA CONTRACT/AGREEMENT CHANGES: NIA STAFF RECOMMENDATIONS: Ms. Rodriguez requests this item be continued to the August 18, 2010 BOCC meeting. However, if this item is not continued by the BOCC then staffs' recommendation is approval in the form of a purchase offer by the Monroe County Land Authority. TOTAL COST: N/A INDIRECT COST: N/A BUDGETED; Yes NIA No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: NIA SOURCE OF FUNDS: NIA REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing NIA Risk Management NIA DOCUMENTATION: included X Not Required DISPOSITION: AGENDA ITEM # Page 1 of 1 Stankiewicz-Tiffany From: miriam rodriguez [rodriguez7940 0 bellsouth. net) Sent: Friday, May 28, 2010 1:45 PM To: Stan kiewicz-Tiffany Subject: Administration Relief hearing to extend Dear Tiffany, Per our telephone conversation yesterday, I would like to request to extend the administration relief hearing for your August 18, 2010 hearing in Key Largo. Permit # 05-03-0925 & 04-03-5516.Your prompt attention is greatly appreciated. S incerely, Miriam Rodriguez f,I1 /17111() 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: Monroe County Board of County Commissioners From: Tiffany Stankiewicz, Development Administrato Michael Roberts, CEP; PWS, Sr. Administrator E vironmental Resources Through: Townsley Schwab, Director of Planning & Environmental Resources Date: May 24, 2010 Subject: Request for Administrative Relief for Rodriguez Lot 28, Block 4, Revised Amended Plat of Riviera Village, Key Largo, Real Estate No. 00511460.000000 I. BACKGROUND The applicant is eligible for Administrative Relief, has complied with all requirements of the dwelling unit allocation system, has been considered in the first sixteen consecutive quarterly allocations and has not received an allocation award. Date Entered ROGO: 3/29/2005 Date Entered Administrative Relief: 10/6/2009 Tier Score: 26 Tier 3-A: 20 Perseverance: 6 This application was ranked #187 in Quarter 2 Year 18. II. CURRENT CONDITIONS Location: Lot 28, Block 4, Revised Amended Plat of Riviera Village, Key Largo, Real Estate No. 00511460.000000 Owner: Miriam C Rodriguez Land Use District: Improved Subdivision (IS) Tier: 3-A Page I of 3 04305516 Applicant/Agent: N/A FLUM: Residential Medium (RM) Reviewed by`C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Habitat: Hammock Property is on the FEMA Injunction list and is not under review by the Tier Designation Review Commission. 2009: Total Assessed Value: $15,750 Purchase Price in 2004: $27,000 Additional Relevant Information: The heavily vegetated tropical hardwood hammock fragment parcel contains Cinnamonbark, Mahogany and Black Ironwood and is designated Tier 3-A. The vegetation could potentially provide habitat such -as tree snails, white crowned pigeon, and swallowtail butterflies. The property is located within a hammock community of approximately 1.1 acres according to the 2009 habitat maps. The property owner of this parcel is the owner of the adjacent parcel which is also under review for Administrative Relief at this Board of County Commissioners meeting. The properties connect to another hammock community. The properties to the north are developed on Marlin Avenue. The properties to the east and west are undeveloped. The property to the south is an aggregated development on three parcels. III. LEGAL ELIGIBILITY AND OPTIONS Eligibility for Administrative Relief Options: Section 138-27 of the Monroe County Land Development Regulations and Policy 101.6.1 of the 2010 Comprehensive Plan provides a mechanism whereby an applicant who has not received an allocation award in the ROGO system may apply to the Board of County Commissioners for Administrative Relief. The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling unit allocation system and having been considered in at least the first sixteen consecutive quarterly allocation periods, and not having received an allocation award. The application was timely submitted for administrative relief in the form of one (1) ROGO allocation award and the applicant has not expressed a desire to sell the property to the County. Relief Options under Administrative Relief: The remedies available to the Board of County Commissioners for Administrative Relief pursuant to Section 138-27 include: a. Offer to purchase the property at its fair market value as its preferred action if the property is located within: a) a designated Tier I area; b) a designated Tier II area (Big Pine Key and No Name Key); c) a designated Tier III -A area (Special Protection Area); or d) a designated Tier III area on a non -waterfront lot suitable for affordable housing. b. Grant the applicant an allocation award for all or a number of dwelling units requested in the next succeeding quarterly allocation period or extended pro rata over several succeeding quarterly allocation periods as the preferred action for buildable properties not meeting any of the criteria in (1) above. c. Suggest or provide such other relief as may be necessary and appropriate. Page 2 of 3 Reviewed by 04305516 1 2 In the event purchase is recommended and the owner refuses the purchase offer, the 3 applicant may remain in the ROGO System and continue earning perseverance points 4 according to Monroe County Code Section 138-28. 5 6 IV. RECOMMENDATION 7 8 It is recommended that the Board of County Commissioners find that the applicant has met the 9 criteria and qualifies for Administrative Relief. It is further recommended that a Resolution be 10 adopted that establishes this relief by an offer to purchase by the Monroe County Land 11 Authority. Page 3 of 3 Reviewed by 04305516 Md -45 jr . ♦ f f 'S` l tip i ' ' . rig, � RV% AVV Y.., 4 0 F -1§ - L, 7---4 77;---, rf 71� , I .4L boIL-4 -.r ZM 41 vt IL -.I in A. "�j h°'�':`r' w rr. y;._ _'}'� .{I''c It`d •S-' ��`f'4c`' __ 4, .7�& --.. -'}l ,Z-r, - . y - : t -h RESOLUTION NO. —2010 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY MIRIAM C RODRIGUEZ ON PROPERTY DESCRIBED AS LOT 28, BLOCK 4, REVISED AMENDED PLAT OF RIV IERA VILLAGE, KEY LARGO, RE # 00511460.000000 IN THE FORM OF A PURCHASE OFFER FROM THE MONROE COUNTY LAND AUTHORITY. WHEREAS, Miriam C Rodriguez submitted an application for administrative relief under Sec. 138-27 of the Monroe County Land Development Regulations; and WHEREAS, the Monroe County Board of County Commissioners makes the following findings of fact and conclusions of law: 1. The application for administrative relief from Miriam C Rodriguez is for Lot 28, Block 4, Revised Amended Plat of Riviera Village, Key Largo in Monroe County, Florida having RE# 00511460.000000. 2. The date of the ROGO application is 3/29/2005. 3. The ROGO allocation application has been in the ROGO system for at least four (4) consecutive years and qualifies for administrative relief under Policy 101.6.1 of the Monroe County Year 2010 Comprehensive Plan. 4. Monroe County Code (MCC) Section 138-27 provides a mechanism whereby an applicant who has not received an allocation award in ROGO may apply to the Board of County Commissioners for administrative relief. 5. The Board of County Commissioners (BOCC) has the authority to grant administrative relief under Section 138-27(f) and may grant the applicant a building allocation, offer to purchase the property at fair market value, or provide ,such other relief as may be necessary and appropriate. 6. The applicant applied for administrative relief on 10/6/2009, under Section 138-27 of the MCC and Policy 101.6.1 of the 2010 Comprehensive Plan. 7. Policy 101.6.5 of the 2010 Comprehensive Plan provides criteria to be used for determining lands that are appropriate for acquisition and the criteria includes the environmental sensitivity of the vegetative habitat on the lot and the applicable Tier designation. ADMINISTRATIVE RELIEF RESOLCTION Page 1 of 2 RE# 0051 14600WON) )1105516 8. The subject property has the land use district designation of Improved Subdivision (IS), is located in the Revised Amended Plat of Riviera Village Subdivision and is located in a Tier 3-A designated area. 9. Monroe County Code (MCC) Section 138-27(f) states the Board may offer to purchase property at its fair market value as the preferred action for property located within Tier 3-A. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to Miriam C Rodriguez, for Lot 28, Block 4, Revised Amended Plat of Riviera Village Subdivision, Key Largo in the form of a purchase offer by the Monroe County Land Authority. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 16th day of June, 2010. Mayor Sylvia J. Murphy _ Mayor Pro Tern, Heather Carruthers Commissioner Mario Di Gennaro Commissioner George Neugent Commissioner Kim Wigington BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA M (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK Mayor Sylvia J. Murphy MONROE COUNTY ATTORNEY APP ED Aq TO FORM Deis: O AimNisTRATivE RELIEF RESOLUTION Page 2 OF 2 RE# W5114(ih.0i,i)0fX1 n ,05516 Property Search -- Monroe C ty Property Appraiser k- Pagel of 4 Ervin A. Higgs, CFA Property Appraiser Office (305) 292-3420 fax {305) 252-3501 Monroe County, Florida Property Record View Alternate Key: 1630772 Parcel ID: 00511460-000000 Ownership Details Mailing Address: RODRIGUEZ MIRIAM C 422 LAGUNA AVE KEY LARGO, FL 33037 Property Details PC Code: 00 - VACANT RESIDENTIAL Mlllage Group: 500K Affordable No Housing: Section -Township- 01-61-39 Range: Property Location: KEY LARGO Subdivision: RIVIERA VILLAGE REV & AMD Legal Description: BK 4 LT 28 REVISED AMENDED PLAT OF RIVIERA VILLAGE P62-80 KEY LARGO OR166-279/280 OR957-1458 OR957-1462AFF OR1090-2078 OR1986-1229130QIC OR2039-463 http://www.mcpafl.org/PropSearch.aspx 4/14/2010 Property Search -- Monroe <�-, ,ty Property Appraiser k, Page 2 of 4 Parcel Map Land Details Land Use Code Front. M10D - RESIDENTIAL DRY 50 Building Summary Number of Buildings: 0 Number of Commercial Buildings: 0 epth Lanz! Area 105 5.250.00 SF http://www.mcpafl.org/PropSearch.aspx 4/ 14/2010 Property Search -- Monroe gC1ty Property Appraiser kkY Page 3 of 4 Total Living Area: 0 Year Built: 0 Parcel Value History Certified Roll Values View Taxes for this Parcel Roll Total Bldg Total Misc Year Value Improvement Value Total Land Value Total Just Total Assessed School Exempt School Taxable (Market) Value Value Value Value 2009 0 0 15,750 15,750 15,750 0 15.750 2008 0 0 31,500 31,500 31,500 0 31,500 2007 0 0 ' 52.500 52,500 52,500 0 52,500 2006 0 0 52,500 52,500 52,500 0 52.500 2005 0 0 11.813 11,813 11,813. 0 11,813 2004 0 0 11,813 11,813 11,813 0 11,813 2003 0 0 10,500 10,500 10,500 0 10,500 ' 2002 0 0 10,500 10,500 10,500 0 10.500 I 2001 0 0 10,500 10 500 10,500 0 10,500 2000 0 0 7,088 7,088 7,068 0 7,488 1999 0 0 7,875 7.875 7,875 0 7,875 1998 0 0 7 875 7,875 7.875 0 7,875 1997 0 0 7,875 7,875 7,875 0 7,875 1996 0 0 7,875 7,875 7,875 0 7,675 1995 0 0 7,875 7,875 7,875 0 7.875 1994 0 0 i 8,663 8,663 8,663 0 6,663 1993 4 0 r 7,508 7,508 7,508 0 7,508 1992 0 0 7,508 7,508 7,508 0 7,508 1991 0 0 9,188 9,188 9,188 0 9,188 1990 0 0 8,663 8,663 8,663 0 6.663 1989 0 0 6,510 6,510 6,510 0 6,510 i 1988 0 0 i 6,510 6,510 6, 510 0 6,510 1987 0 0 1 8,138 8.138 8,138 0 8,138 1986 0 0 8,138 8,138 8,138 0 8,138 1985 0 0 7,875 7,875 7,675 0 7,875 1984 0 0 7,875 7.875 7,875 0 7,875 1983 0 0 6,174 6,174 6,174 p 15174 1982 0 0 s 6,174 6.174 6,174 0 6,174 Parcel Sales History 11 NOTE. Sales do not generally show up in date our computer system until about two to three months after the of sale If a recent sale does not show up in this list, please allow more time for the sale record to be processed. Thank you for your patience and understanding. Sale Date Official Records Book/Page Price InstrumenI Qualification http://www.mcpafl-org/PropSearch.aspx 4/14/201 fl Property Search -- Monroe <1 "I 'y Property Appraiser $126/2004 2039 463 1 WD M 9/1/1985 957 r 1458 27,000 WD M This page has been visited 128,954 times. Monroe County Property Appraiser Ervin A. Higgs, CFA P.O. Box 1176 Key West, FL 33041-1176 Page 4 of 4 http://www.mcpafl-org/PropSearch.aspx 4/14/2010 rage 1 01 1 Help R"I Estate AEOpaati Roll Tax Stotm Dw Roll Year: 2009 Class Value: 0 RWs 2009 2009 Acct: Paid -In -Nil Tax Year: 20M Just Value: Cartifloobs 2009 2008 Acct: Pald-In-full Account Number: 1630772 15,750 School Asseswd Value: 1S,750 Iteperts 2007 2007 Acct: pald-In-full ` ' Assessed Value: 1S,750 bm61e 2006 2006 Acct: Pa"-In-tkin parcel Number: DOS1146ODD0000016139 Exe R� Value: 0 2005 2005 Acct: Paid -In -full MIIhw Code: 500K Tau 2004 2004 ACd. Paid -In fun Certlfled RODRIGUEZ MIRIAM C Value: Sbappbmho PPlaO Cart 2003 2003 Acct: Pall -In -full Roll Owner(s): 422 LAGUNA AVE AdvaTaxable Ad gy m' $139.9 $420.52 2002 2002 Acct: paid-gi-Iull � u►�, Ft. 33037 Nomad Valorem: >i420.52 Cert: Redeemed Situs Address: KEY LARGO Total Tax: $S60.42 2001 2001 Act: Pald-In-full Cart: Redeemed 2000 20M Acct: Pald-In-full 19" 19" Acct: Pald-In-full Cert: Redeemed 1990 1998 Acct: Pald-la-tan Cart: Redeemed Total Due: $0.00 Account Search 1630772 J (aq. Smith Sohn) VLO. 122 Main st) Tax W 1630772 RODRIGUEZ MIRIAM C KEY LARGO 2008 1630772 RODRIGUEZ MIRIAM C KEY LARGO 2009 Search results as or 2 minutes ago 11 -12 s COpyrlght C 1997-2010, Grant Street Group. All rights reserved. "Ift�eIIe . SgArae 7iev A�arb d. https://www.monroe.county-taxes.com/tcb/app/re/accounts 5/7/2010 RODRIGUEZ MIRIAM C 422 LAGUNA AVE 00511480000000016139 KEY LARGO, FL 33037 BK 4 LT 28 REVISED AMENDED PLAT OF RMERA VILLAGE PB2-80 KEY LARGO OR186-279 W OR957-1458 OR957-1462AFF OR1090-2078 OR1988-122VJOQIC OR2039-463 SCHOOL STATE LAW 1.688p 15.750 ' 0 SCHOOL LOCAL BOARD 1.B990 15.750 15,750 26.59 GENERAL REVENUE FUND 1.0775 15,750 0 p 15.750 26.76 F&F LAW ENFORCE JAIL JUDICIAL 1.9786 15,750 15,750 . HEALTH CLINIC 0.0276 16,750 0 0 15,750 31.16 GENERAL PURPOSE MSTU 0.2334 15.750 p 15.750 0.43 FLORIDA KEYS MOSQUITO CONTROL 0.4262 15,750 15.750 3.68 M C LOCAL ROAD PATROL LAW ENF 0.3517 15.750 0 p 15,750 8.71 SO FL WATER MANAGEMENT DIST 0.2549 15,75D 15,750 . OKEECHOBEE BASIN 0.2797 15,760 0 0 15,750 4.01 EVERGLADES CONSTRUCTION PRJT 0.0894 15,750 15.750 4.41 K L FIRE RESC & EMERG MEDICAL 0.7768 15.750 0 0 15.750 1.41 16,750 12.23 NEW KEY LARGO WASTEWATER 8,8828 AD%ftDREMTAXES $139.90 420.52 NON-ADUNJOREIIIIASSESSMENM I $420.52 8 eoR4 imd By May 28. 2010 Jun 30, 2010 Ad 30, 2010 -_ --- Ptease PaY =D.00 $0.00 $0.00 RODRIGUEZ MlRIAAA C 00511460000000018139 422 LAGUNA AVE KEY LARGO, FL 33037 SK 4 LT 28 REVISED AMENDED PLAT OF RMERA VILLAGE P132-W KEY LARGO ORIM27WM OR957-1458 OR957-1402AFF OR1090-2078 OR1988-1229PJOq/C OR2p39.463 gEga3 ON UAL BANKS 01iYtO OAfBSE 0. C.F.0 TAX OgLLECTDR P.Q 90X 1 I2% 14YIA= R.3a04t'H29 R Of Pled P y By 28, 2010 Jun 3 , 2010 JJig 0.00, 2010 Paid 12AW2009 RGOW 6 121-09-00=758 OW-00 11130P2009 Eifeclive Dale I - m � g IF PAID BY ». 00511450-000000 tlmmmogQ0000 / 00511470-000000 I u�- 0111.1(, x 1 1O! ADMINISTRATIVE RELIEF APPLICATION Administrative Relief fee: $I,011.00 Property Owner's Name: Property Owner's complete mailing address: ►y �, . 33037 Fax ��� 4 Agent's Name: Agent's complete mailing address: Phone: Fax: (Please attach a statement authorizing representation of this application by someone other than yourself. The statement should read: "I, (owner's name) authorize (individual you are authorizing to represent you) to represent my property for this applicationn�� C for Administrative Relief' 4 V"4 io PROPERTY DESCRIPTION: Lot 2 O Block Subdivision - `%j f Q a, Key (island): 'e ArO Street: IAj— _ MM: PRE: -If metes and bounds, leg description on separate sheet. - Permit Application ##: U4L + 0 --5 Date of most recent ROGO application: :02q 0 S What kind of administrative relief are you seeking? rm I FOIC tq �omE NOTARY: STATE OF FLORIDA COUNTY OF_ j0DpM CQg Applicant's Signature The foregoing signature was acknowledged before me this _day of 02dt,L , 2003-, By k c;�v,� tLOd i� ttP`� who is (PRINT NAME OF PERSON SIGNING as identification. My c mis ion expires: Signatur of Notary Public, State of Florida known to me or produced CRYSTAL FAY 88M ffoary PAf16 - 3lW of PWW • my Com. Fx*" fler 19, toll C°mrt=oII 100 1997 9oad9a lr�n lgf+oral aar y Ate,. TO BE COMPLETED BY STAFF- DATE: _LOWD el PERMITS O4 - 6 SS! NI;E 1 Of! Wmmulmine Relict Applivauun 03 02IIXH MONROE COUNTY ***LIVE*** Item 1 of 1 PERMIT RECEIPT OPERATOR: baumanb COPY # : 1 Sec:l Twp:61 Rng:39 Sub; Blk: Lot: RE: 00511460000000 DATE ISSUED.......: 10/06/2009 RECEIPT #.......... 128527 REFERENCE ID # ...: 04305516 SITE ADDRESS BK4 LT28 RIVIERA VILLAGE SUBDIVISION ...... CITY KEY LARGO IMPACT AREA ...... OWNER RODRIGUEZ MIRIAM C ADDRESS 422 LAGUNA AVE CITY/STATE/ZIP ...: KEY LARGO, FL 33037 RECEIVED FROM MIRIAM RODRIGUEZ CONTRACTOR SUADE, JUAN CARLOS LIC # 08602 COMPANY BUADE CONSTRUCTION COMPANY INC ADDRESS : 19701 SW 136TH AVENUE CITY/STATE/ZIP ...: MIAMI, FL 33177 TELEPHONE ........: (305) 234-5256 FEE ID UNIT QUANTITY AMOUNT B- A PLAN ---- FLAT RATE -- 1.00 -- 100.00 B- 0 EDUC FLAT RATE 1.00 2.00 B- 28 APPL FLAT RATE 1.00 750.00 B- 3 BLDG SQ FT 21195.00 550.00 B- 7 FLATW SQUARE FOOTAG 1,093.00 50.00 B- BIO EDU FLAT RATE 2.00 4.00 B-11A wIST EACH 1.00 100.00 B-21A FILL CUBIC YARDS 100.00 15.00 B-21B FILL FLAT RATE 1.00 80.00 B-22B L/-.' FLAT RATE 1.00 35.00 B-22C L/C UNITS 1-00 35.00 E- 0 EDUC FLAT RATE 1.00 2.00 E- 3A OUT SQUARE FEET 1,840.00 190.00 E- 313 OUT EACH OUTLET 15.00 150.00 E- 4A SERV TEMP SERVICES 1.00 50.00 E- 4B SERV SERVICES 1.00 50.00 E- 4J SUB SERVICES 1.00 50.00 E- 5A M�TO MOTORS 2.00 100.00 E- 9B A/C SYSTEMS 1.00 50.00 E-13 LCW R SYSTEMS 1.00 50.00 LDR 1-SFR FLAT RATE 1.00 75.00 LDR FEMA FLAT RATE 1.00 40.00 M- 0 EDUC FLAT RATE 1.00 2.00 M- 2 2A/C SYSTEM 1.00 65.00 M- 3 DUCTW DR;,PS 17.00 170.00 P- 0 EDUC FLAT RATE 1.00 2.00 P- 2 FIXTU UNITS 14.00 210.00 P- 3A SEWE PER CONNECTIO 1.00 50.00 PD-TO-DT THIS REC NEW BAL 0.00 0.00 100.vi 0.00 0.00 2.M; 750.00 0.00 0.00 0.00 0.00 550.00 0.00 0.00 50.00 0.00 0.00 4.00 0.00 0.00 100.00 0.00 0.00 15.00 0.00 0.00 80.00 0.00 0.00 35.00 0.00 0.00 35.00 0.00 0.00 2.00 0.00 0.00 190.00 0.00 0.00 150.00 0.00 0.00 50.00 0.00 0.00 50.00 0.00 0.00 50.00 0.00 0.00 100.00 0.00 0.00 50.00 0.00 0.00 50.00 0.00 0.00 75.00 0.00 0.00 40.00 0.00 0.00 2.00 0.00 0.00 65.00 0.00 0.00 170.00 0.00 0.00 2.00 0.00 0.00 210.00 0.00 0.00 50.00 MONROE COUNTY ***LIVE*** Item 1 of 1 PERMIT RECEIPT OPERATOR: baumanb COPY # : 1 Sec:l Twp:61 Rng:39 Sub: Blk: Lot: RE: 00511460000000 DATE IMED........ 10/06/2009 RECEIPT #.........: 128527 REFERENCE ID # ...: 04305516 SITE ADDRESS .....: BK4 LT28 RIVIERA VILLAGE SUBDIVISION ...... CITY KEY LARGO IMPACT AREA ...... OWNER RODRIGUEZ MIRIAM C ADDRESS 422 LAGUNA AVE CITY/STATE/ZIP ...: KEY LARGO, FL 33037 RECEIVED FROM ....: MIRIAM RODRIGUEZ CONTRACTOR BUADE, JUAN CARLOS LIC # 08602 COMPANY SUADE CONSTRUCTION COMPANY INC ADDRESS .. 19701 SW 136TH AVENUE CITY/STATE/ZIP ...: MIAMI, FL 33177 TELEPHONE (305) 234-5256 FEE ID - UNIT----- -------- QUANTITY ---------- AMOUNT PD-TO-DT THIS REC NEW BAL P- 3B SITE DOLLARS 1,000,00 ---------- 50.00 ---------- 0.00 ---------- 0.00 ---------- 50.00 P- 6 APIPE CONNECTIONS 1.00 20.00 0.00 0.00 20.00 P- 6 DPIPE DOLLARS 5.00 60.00 0.00 0.00 60.00 R- 0 EDUC FLAT RATE 1.00 2.00 0.00 0.00 2.00 R- 9A ROOF SQUARE FEET 11990.00 100.00 0.00 0.00 100.00 RADON/NEW SQUARE FOOTAG 2,195.00 10.98 0.00 0.00 10.98 RECOV/NEW SQUARE FOOTAG 2,195.00 10.98 0.00 0.00 10.98 ROGO ZONING-032 FLAT RATE FLAT RATE 1.00 0.00 0.00 0.00 0.00 1.00 1011.00 0.00 1011.00 0.00 TOTAL PERMIT : --------- 1264.96 ---------- 0.00 ---------- 1011.00 253,96 *NOTE*: THIS RECEIPT HAS FEE CREDITS TOTALING: 200.00 METHOD OF PAYMENT AMOUNT NUMBER ------ ------ ----------- CHECK 1011.00 5416 TOTAL RECEIPT 1011.00 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 16, 2010 Division: Growth Management Bulk Item: Yes _ No X Department: Planning and Env. Resources Staff Contact/Phone #: Tiffany Stankiewicz 289-2513 Michael Roberts 289-2502 AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for Miriam C Rodriguez on Lot 29, Block 4, Revised Amended Plat of Riviera Village, Key Largo, Real Estate Number 0051 1470.000000. ITEM BACKGROUND: A building permit was applied for on 2/24/2005 and a ROGO application was applied for on 4/13/2005. The applicant applied for administrative relief on 10/6/2009 and is within the allowable time frame to be eligible for administrative relief under Section 138-27 of the Monroe County Code. Staff recommends that administrative relief be awarded in the form of a purchase offer by the Monroe County Land Authority. The property is in Tier 3-A (Special Protection Area) and is not on the list for re -consideration of a tier designation. The property is on the FEMA Injunction List. As of Quarter 2 Year 18 this application's market rate ranking was #190 out of 217 applications in the Upper Keys subarea. If the owner does not accept the offer provided by the Land Authority, the property remains in ROGO. The application will continue to earn perseverance points pursuant to the vesting provision for applications in the ROGO system prior to the effective date of Ordinance 09-2006. After the application has been in ROGO 5 years, it will begin earning 2 perseverance points per year for each year thereafter that the application remains in the ROGO system. The applicant may amend the ROGO application to increase points through land dedication or purchasing points. PREVIOUS RELEVANT BOCC ACTION: NIA CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Ms. Rodriguez requests this item be continued to the August 18, 2010 BOCC meeting. However, if this item is not continued by the BOCC then staffs' recommendation is approval in the form of a purchase offer by the Monroe County Land Authority. TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes N/A No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management N/A DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Page I of 1 Stankiewicz-Tiffany From: miriam rodriguez [rodriguez7940@belisouth.net] Sent: Friday, May 28, 2010 1.45 PM To: Stan kiewicz-Tiffany Subject: Administration Relief hearing to extend Dear Tiffany, Per our telephone conversation yesterday,) would like to request to extend the administration relief hearing for your August 18, 2010 hearing in Key Largo. Permit # 05-03-0925 & 04-03-5516.Your prompt attention is greatly appreciated. Sincerely, Miriam Rodriguez fl I h{11 fl 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: Monroe County Board of County Commissioners From: Tiffany Stankiewicz, Development Administrator,, Michael Roberts, CEP; PWS, Sr. Administrator Env,,'ronmental Resourcese Through: Townsley Schwab, Director of Planning & Environmental Resources Date: May 24, 2010 Subject: Request for Administrative Relief for Rodriguez Lot 29, Block 4, Revised Amended Plat of Riviera Village, Key Largo, Real Estate No. 00511470.000000 1. BACKGROUND The applicant is eligible for Administrative Relief, has complied with all requirements of the dwelling unit allocation system, has been considered in the first sixteen consecutive quarterly allocations and has not received an allocation award. Date Entered ROGO: 4/13/2005 Date Entered Administrative Relief: 10/6/2009 Tier Score: 24 Tier 3-A: 20 Perseverance: 4 This application was ranked #190 in Quarter 2 Year 18. H. CURRENT CONDITIONS Location: Lot 29, Block 4, Revised Amended Plat of Riviera Village, Key Largo, Real Estate No. 00511470.000000 Owner: Miriam C Rodriguez Land Use District: Improved Subdivision (IS) Tier: 3-A Page 1 of 3 05300925 Applicant/Agent: N/A FLUM: Residential Medium (RM) Reviewed by 1ZL I Property is on the FEMA Injunction list and is not under review by the Tier Designation 2 Review Commission. 3 4 2009: Total Assessed Value: $15,750 Purchase Price in 2004: $31,000 5 6 Additional Relevant Information: 7 The heavily vegetated tropical hardwood hammock fragment parcel contains Cinnamonbark, 8 Mahogany and Black Ironwood and is designated Tier 3-A. The vegetation could potentially 9 provide habitat such -as tree snails, white crowned pigeon, and swallowtail butterflies. The 10 property is located within a hammock community of approximately 1.1 acres according to the 11 2009 habitat maps. The property owner of this parcel is the owner of the adjacent parcel which is 12 also under review for Administrative Relief at this Board of County Commissioners meeting. 13 The properties connect to another hammock community. The properties to the north are 14 developed on Marlin Avenue. The properties to the east, west and south are undeveloped. 15 16 III. LEGAL ELIGIBILITY AND OPTIONS 17 18 EIigibility for Administrative Relief Options: 19 Section 138-27 of the Monroe County Land Development Regulations and Policy 101.6.1 of the 20 2010 Comprehensive Plan provides a mechanism whereby an applicant who has not received an 21 allocation award in the ROGO system may apply to the Board of County Commissioners for 22 Administrative Relief The applicant is eligible for Administrative Relief having complied with 23 all requirements of the dwelling unit allocation system and having been considered in at least the 24 first sixteen consecutive quarterly allocation periods, and not having received an allocation 25 award. The application was timely submitted for administrative relief in the form of one (1) 26 ROGO allocation award and the applicant has not expressed a desire to sell the property to the 27 County. 28 29 ReIief Options under Administrative Relief: 30 The remedies available to the Board of County Commissioners for Administrative Relief 31 pursuant to Section 138-27 include: 32 33 a. Offer to purchase the property at its fair market value as its preferred action if the 34 property is located within: a) a designated Tier I area; b) a designated Tier II area 35 (Big Pine Key and No Name Key); c) a designated Tier III -A area (Special 36 Protection Area); or d) a designated Tier III area on a non -waterfront lot suitable 37 for affordable housing. 38 b. Grant the applicant an allocation award for all or a number of dwelling units 39 requested in the next succeeding quarterly allocation period or extended pro rats 40 over several succeeding quarterly allocation periods as the preferred action for 41 buildable properties not meeting any of the criteria in (1) above. 42 c. Suggest or provide such other relief as may be necessary and appropriate. 43 Page 2 of 3 Reviewed by-'. 05300925 1 2 3 4 5 6 7 9 10 In the event purchase is recommended and the owner refuses the purchase offer, the applicant may remain in the ROGO System and continue earning perseverance points according to Monroe County Code Section 138-28. IV. RECOMMENDATION It is recommended that the Board of County Commissioners find that the applicant has met the criteria and qualifies for Administrative Relief. It is further recommended that a Resolution be adopted that establishes this relief by an offer to purchase by the Monroe County Land Authority Page 3 of 3 05300925 Reviewed by RESOLUTION NO. —2010 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY MIRIAM C RODRIGUEZ ON PROPERTY DESCRIBED AS LOT 29, BLOCK 4, REVISED AMENDED PLAT OF RIVIERA VILLAGE, KEY LARGO, RE # 00511470.000000 IN THE FORM OF A PURCHASE OFFER FROM THE MONROE COUNTY LAND AUTHORITY. WHEREAS, Miriam C Rodriguez submitted an application for administrative relief under Sec. 138-27 of the Monroe County Land Development Regulations; and WHEREAS, the Monroe County Board of County Commissioners makes the following findings of fact and conclusions of Iaw: The application for administrative relief from Miriam C Rodriguez is for Lot 29, Block 4, Revised Amended Plat of Riviera Village, Key Largo in Monroe County, Florida having RE# 00511470.000000. 2. The date of the ROGO application is 4/13/2005. 3. The ROGO allocation application has been in the ROGO system for at least four (4) consecutive years and qualifies for administrative relief under Policy 101.6.1 of the Monroe County Year 2010 Comprehensive PIan. 4. Monroe County Code (MCC) Section 138-27 provides a mechanism whereby an applicant who has not received an allocation award in ROGO may apply to the Board of County Commissioners for administrative relief. 5. The Board of County Commissioners (BOCC) has the authority to grant administrative relief under Section 138-27(f) and may grant the applicant a building allocation, offer to purchase the property at fair market value, or provide such other relief as may be necessary and appropriate. 6. The applicant applied for administrative relief on 10/6/2009, under Section 138-27 of the MCC and Policy 101.6.1 of the 2010 Comprehensive Plan. 7. Policy 101.6.5 of the 2010 Comprehensive Plan provides criteria to be used for determining lands that are appropriate for acquisition and the criteria includes the environmental sensitivity of the vegetative habitat on the lot and the applicable Tier designation. ADMINISTRATIVE RELIEF RESOLUTION Page 1 of 2 RE# OfI511470.11um) 05100025 8. The subject property has the land use district designation of Improved Subdivision (IS), is located in the Revised Amended Plat of Riviera Village Subdivision and is located in a Tier 3-A designated area. 9. Monroe County Code (MCC) Section 138-27(f) states the Board may offer to purchase property at its fair market value as the preferred action for property located within Tier 3-A. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to Miriam C Rodriguez, for Lot 29, Block 4, Revised Amended Plat of Riviera Village Subdivision, Key Largo in the form of a purchase offer by the Monroe County Land Authority. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 16th day of June, 2010. Mayor Sylvia J. Murphy Mayor Pro Tern, Heather Carruthers Commissioner Mario Di Gennaro Commissioner George Neugent Commissioner Kim Wigington BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA m (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK Mayor Sylvia J. Murphy 4MON F3UV3 QOUNrr ATTORNEY �D R5 TO FO M Date: ADM INiS-rRATIVF RFLIEF RESOLUTION Page 2 of 2 RE# 0051 1.4-70.tli.m00 (t5 +iN1Q25 Property Search -- Monroe *ty Property Appraiser Pagel of 4 Ervin A. Higgs, CFA office (305) 292-3420PropertY Appraiser fax (305) 292-3501 Monroe County, Florida Property Record View Alternate Key: 1630781 Parcel ID: 00511470-000000 Ownership Details Mailing Address: RODRIGUEZ MIRIAM C 422 LAGUNA AVE KEY LARGO. FL 33037 Property Details PC Code: 00 - VACANT RESIDENTIAL Millage Group: 500K Affordable Housing: No Section -Township- 01-61-39 Range: Property Location: KEY LARGO Subdivision: RIVIERA VILLAGE REV 8 AMD Legal Description: BK 4 LT 29 REVISED AMENDED PLAT OF RIVIERA VILLAGE P132-80 KEY LARGO OR457-513 OR2048- 1599D/C OR 1 315-1505/07P/R OR2048-1596197-C OR2048-1598 http://www.mcpafl.org/PropSearch.aspx 4/14/2010 Property Search -- Monroe V)ty Property Appraiser Page 2 of 4 Parcel Map Land Details Land Use Code _ Frontage _ Depth Land Area M1OD - RESIDENTIAL DRY 50 105 5.250.00.SF Building Summary Number of Buiidings: 0 Number of Commercial Buildings: 0 http://www.mcpafl.org/PropSearch.aspx 4/ 14/2010 Property Search -- Monroe ity Property Appraiser Page 3 of 4 Total Living Area: 0 Year Built: 0 Parcel Value History Certified Roll Values View Taxes for this Parcel. Roll Year 2009 Total Bldg Value 0 Total Misc Improvement Value 0 Total Land Value 15,750 Total Just (Market) Value 15,750 Total Assessed School Exempt School Taxable Value Value Value 15.750 0 15.750 2008 0 0 31.500 31.500 31,500 0 31,500 2007 2006 0 0 0 0 52,500 52.500 52.500 52,500 52,500 52,500 0 0 52,500 52,500 2005 2004 0 0 0 0 11,813 11.813 11,813 11.813 11.813 11,813 0 0 11,813 11,813 2003 0 0 10,500 M500 10,500 0 10,500 2002 0 0 10,500 10,500 10,500 0 10.500 2001 0 0 10,500 10,500 10,500 0 10,500 2000 1999 0 0 0 0 7,088 7,875 7,088 7,875 7,088 7,875 0 0 7,088 7,875 1998 0 0 7.875 7,875 7,875 0 7,875 1997 0 0 7,875 7,875 7,875 0 7,875 1996 1995 0 0 0 0 7.875 7.875 7,875 7,875 7,875 7.875 0 0 7,875 7,875 1994 0 0 8,663 8,663 8,663 0 8,663 t 1993 0 0 7,508 7,508 7,508 0 7,508 1992 0 0 7,508 7.508 7,508 0 7,508 1991 1990 0 0 0 0 9,188 8,663 9.188 8,663 9.188 8,663 0 0 9.188 8,663 1 1989 0 0 8,663 8.663 8,663 0 8.663 i 1988 I 0 0 8.663 8.663 8,663 0 8,663 E 1987 i 1986 1985 0 0 0 0 0 0 8.138 8.138 7.875 8,138 8,138 7,875 8,138 8.138 7,875 0 0 0 8,138 8.138 7,875 1984 0 0 7,875 7,875 7,875 0 7,875 1983 0 0 6,174 6,174 6,174 0 6,174 1982 0 0 6,174 6, t 74 6,174 0 6.174 Parcel Sales History NOTE: Sales do not generally show up in our computer system until about two to three months after the date of sale. If a recent sale does not show up in this list, please allow more time for the sale record to be processed Thank you for your patience and understanding. Sale Date Official Records Book/Page Price instrument Qualification http://www.mcpafl.org/PropSearch.aspx 4/14/2010 Property Search -- Monroe Q sty Property Appraiser Page 4 of 4 10/412004 2048/1598 31.000 WD Q 2/111970 457 / 513 1.300 00 Q This page has been visited 129.052 times. Monroe County Property Appraiser Ervin A. Higgs, CFA P.O. Box 1176 Key West, FL 33041-1176 http://www.mcpafl.org/PropSearch.aspx 4/14/2010 Ab, It"I Eetate At: Mats SIGs OertiNrates Reports Taapome S"lneae Tax Shappip Cart RON Tax Statrs 2009 2009 Acd: Pald-In-full 2008 2008 Acct: Paid -In -full 2007 2007 Acct: Paid -In -full 2005 2005 Acct: Pald-inafull 2005 2005 Acct: Paid -in -full 2004 2004 Acct: Paid -In -full 2003 2003 Aoct: Pald-in-full 2002 2002 Aod: Paid -In -full 2001 2001 Acd: Pakl-Indull Vert: Redeemed 200D 2000 Acd: Pold-in-full 1999 1999 Acd: Paid-In4lull 1998 1990 Aod: Paid -In -full Cert: Redeemed Total Due: Account search 1630781 - Dula Rdl Year: 2009 Class Value: 0 Tax Year: 2009 lust Value: 15,750 Account Number: 1630781 Schaal Assessed Value: 15,750 ' ' Asse�ed Valae: 15,750 Parcel Number: 00511470000000016139 Exemption Value: 0 Mlkage Code: SOOK Taxable Value: 15,750 Certified RODRIGUEZ MIRIAM C Ad Valorem: $139.90 Roll Owner(s): 422 LAGUNA AVE Mon -ad Valorem: $420.52 KEY LARGO, FL 33037 Sttus Address. KEY LARGO Total Tax: �560.42 s $0.00 (a.q. Smith Sohn) (a.g. 123 Main St) Tax Yr 1630781 RODRIGUEZ MIRIAM C KEY LARGO 2008 1630781 RODRIGUEZ MIRIAM C KEY LARGO 2009 Search rewft as of less than a minute ago 11 -12 s: Cop7rlght A 1997-2010, Grant Street Group. Ali rights reserved. IowwrIeey S*"m liar w4f tv It h4s://www.monroe.county-taxes.com/tcb/app/re/accounts 5/7/20 ] 0 DONISF n_ NFNRIOLIF7- C-Fr,' RODRIGUEZ MIRIAM C 00511470000000016139 422 LAGUNA AVE KEY LARGO, FL 33037 SK 4 LT 29 REVISED AMENDED PLAT OF RMERA VILLAGE PB2-80 KEY LARGO OR457-513 OR2048-1599D/C OR1315-150SM7P/R OR2048-1596W-C OR2048-15N SCHOOL STATE LAW 1.6880 15,750 0 15,750 26.59 SCHOOL LOCAL BOARD 1.6990 15.750 0 15.750 28.76 GENERAL REVENUE FUND 1.0775 15,750 0 16,750 16.97 F&F LAW ENFORCE JAIL JUDICIAL 1.9786 15,750 0 15,750 31.16 HEALTH CLINIC 0,0276 15,750 0 15,750 0.43 GENERAL PURPOSE MSTU 02334 15.750 0 15,750 3.68 FLORIDA KEYS MOSQUITO CONTROL 0.4262 15,750 0 15,750 6.71 M C LOCAL ROAD PATROL LAW ENF 0.3517 15,750 0 15,750 5.54 SO FL WATER MANAGEMENT DIST 02549 15,750 0 15,750 4.01 OKEECHOBEE BASIN 02797 15.750 0 15,750 4AI EVERGLADES CONSTRUCTION PRJT 0.0894 15,750 0 16,750 1.41 K L FIRE RESC 3 EMERG MEDICAL 0.7768 15,750 0 15,750 12.23 TOTAL W,LAOE NEW KEY LARGO WASTEWATER I IW TAXESANDAS.SESSRVEIITS ] ;560.42 8.8828 PM By 1 _ 00 2010 I $0 00 , 2010 1 $0 00 , 2010 1 00511470000000016139 RODRIGUEZ MIRIAM C 422 LAGUNA AVE KEY LARGO, FL 33037 BK 4 LT 29 REVISED AMENDED PLAT OF RIVIERA VILLAGE P82-80 KEY LARGO OR467-613 OR2048-15990/C ORt315-1505/07P/R OR2048-1596/97-C OR2048-1598 CHEM ON U.S. BANKS ONLY TO OANSE Q MENRM ET, C.FC TAX COLLECTOR P.O. BOX 1128, KEY MIES'!y FL 37dM 7129 $139,90 420.52 $420.52 It Recehod Ple BY $0.00 May 8, 2010 1$0.00 Jun .2010 I A 3 , 2010 Pald 1=4/2009 ReaW* 121-09.00003755 SM-00 11f3mm EfNK# a Date IF PAID BY — 00511450-000000 GV ! I-7 r S 00511460-000000 005'M4704=000— ��� c1 ADMINISTRATIVE RELIEF Administrative Relief fee Property Owner's Name: s complete mailing address: APPLICATION : $1.011.00 Phone: f)5:151-`� 8,90 Fax: 05-- LIS —1414 6 Agent's Name: Agent's complete mailing address: Phone: Fax: (Please attach a statement authorizing representation of this application by someone other than yourself. The statement should read: "I, (owner's name) authorize (individual you are authorizing to resent you) to represent my property for this application for Administrative Relief' AAQAC-19-C! PROPERTY DESCRIPTION: Lot .z r Block A Subdivision Key (island): Street L11V ��� 0 A� RE: ri oo Z0 If metes and bounds, 6ttach 1e 1 description on separate sheet. Permit Application M 7 —03 ! 2-5� Date of most recent ROGO application: S What kind of administrative relief are you seeking? 0 NOTARY: STATE OF FLORIDA COUNTY OF f' f\ f-oe Applicant's Signature The foregoing signature was acknowledged before me this _� _day of __C#-dWA ,200? . By M + _r i a yy\ �(lA r i C, (Le 7 _ who is personally known to me or produced (PRINT NAME OF PERSON SIGNING) as identification. CRYSTAL FAY 8Ep9IN My ommission Wires: Signatilre of Notary Public, State of Florida Notary Pole • $we o1 > bft • my Comm. Isom Nor 19, 2011 r Comm188ft • 1)0 SM97 ''••°„ &VOIlQ Through NO" Mary Assn. TO BE COMPLETED BY STAFF- DATE: c PERMIT # r,ge 2 of z Wmunwom, ReW %Vp1WAt1,m 00 412 `VIN MONROE COUNTY ***LIVE*** Item 1 of 1 PERMIT RECEIPT Sec:1 Twp:61 Rng:39 Sub: Blk: Lot: RE: ... ..... : 00511470000000 DATE ISSUED.......: 10/06/2009 RECEIPT #........ 1: 128528 REFERENCE ID # 05300925 OPERATOR: baumanb COPY # : 1 SITE ADDRESS .....: BK4 LT29 REV RIVIERA VLLG SUBDIVISION ...... CITY ............. IMPACT AREA ...... OWNER ............: RODRIGUEZ MIRIAM C ADDRESS 422 LAGUNA AVE CITY/STATE/ZIP ...: KEY LARGO, FL 33037 RECEIVED FROM ....: MIRIAM RODRIGUEZ CONTRACTOR BUADE, JUAN CARLOS LIC # 08602 COMPANY BUADE CONSTRUCTION COMPANY INC ADDRESS 19701 SW 136TH AVENUE CITY/STATE/ZIP MIAMI, FL 33177 TELEPHONE (305) 234-5256 FEE ID UNIT --- ---------- QUANTITY ---------- AMOUNT PD-TO-DT THIS REC NEW BAL B- A PLAN FLAT RATE 1.00 100.00 0.00 0.00 __ _ -- 100.00 B- 0 EDUC B- 2B FLAT RATE 1.00 2.00 0.00 0.00 2.00 APPL FLAT RATE 1.00 750.00 750.00 0.00 0.00 B- 3 BLDG B- 7 SQ FT 3,551.00 900.00 0.00 0.00 900.00 FLATW SQUARE FOOTAG 1,297.00 50.00 0.00 0.00 50.00 B- BIO EDU FLAT RATE 2.00 4.00 0.00 0.00 4.00 B-11A CIST B-21A FILL EACH CUBIC YARDS 1.00 100.00 100.00 0.00 0.00 100.00 B-21B FILL FLAT RATE 1.00 15.00 80.00 0.00 0.00 0.00 15.00 13-22B L/C FLAT RATE 1.00 35.00 0.00 0.00 0.00 80.00 35.00 B-22C L/C UNITS 1.00 35.00 0.00 0.00 35.00 E- 0 EDUC FLAT RATE 1.00 2.00 0.00 0.00 2.00 E- 3A OUT SQUARE FEET 2,214.00 230.00 0.00 0.00 230.00 E- 3B OUT E- 3C EACH OUTLET 18.00 180.00 0.00 0.00 180.00 OUT E- EACH FIXTURE 17.00 170.00 0.00 0.00 170.00 4A SERV TEMP SERVICES 1.00 50.00 0.00 0.00 50.00 E- 4B SERV E- SERVICES 1.00 50.00 0.00 0.00 50.00 4J SUB E- 5A SERVICES 1.00 50.00 0.00 0.00 50.00 MOTO E- 9B A/C MOTORS SYSTEMS 3.00 150.00 0.00 0.00 150.00 E-13 LOW R SYSTEMS 1.00 2.00 50.00 100.00 0.00 0.00 50.00 LDR 1-SFR FLAT RATE 1.00 75.00 0.00 0.00 0.00 0.00 100.00 M- 0 EDUC FLAT RATE 1.00 2.00 0. o 0.00 75.00 2.00 M- 2 2A/C M- 3 DUCTW SYSTEM DROPS 2.00 130.00 0.00 0.00 130.00 P- 0 EDUC FLAT RATE 30.00 1.00 300.00 0.00 0.00 300.00 P- 2 FIXTU UNITS 15.00 2.00 225.00 0.00 0.00 0.00 2.00 P- 3A SEWE PER CONNECTIO 1.00 50.00 0.0]) 0.00 225.00 0.00 50.00 MONROE COUNTY ***LIVE*** Item 1 of 1 PERMIT RECEIPT OPERATOR: baumanb COPY # : 1 Sec:l Twp:61 Rng:39 Sub: Blk: Lot: RE: I.......: 00511470000000 DATE ISSUED.......: 10/06/2009 RECEIPT #.........: 128528 REFERENCE ID # ...: 05300925 SITE ADDRESS BK4 LT29 REV RIVIERA VLLG SUBDIVISION ...... CITY .............. IMPACT AREA ....... OWNER RODRIGUEZ MIRIAM C ADDRESS 422 LAGUNA AVE CITY/STATE/ZIP ...: KEY LARGO, FL 33037 RECEIVED FROM MIRIAM RODRIGUEZ CONTRACTOR BUADE, JUAN CARLOS LIC # 08602 COMPANY BUADE CONSTRUCTION COMPANY INC ADDRESS .......... 19701 SW 136TH AVENUE CITY/STATE/ZIP MIAMI, FL 33177 TELEPHONE (305) 234-5256 FEE ID UNIT----- ------- QUANTITY --------- AMOUNT PD-TO-DT THIS REC NEW BAL P- 3B SITE DOLLARS 1` 000.00 ---------- 50.00 ---------- 0.00 ---------- 0.00 ---------- 50.00 P- 6 APIPE CONNECTIONS 1.00 20.00 0.00 0.00 20.00 P- 6 DPIPE DOLLARS 5,000.00 60.00 0.00 0.00 60.00 R- 0 EDUC FLAT RATE 1.00 2.00 0.00 0.00 2.00 R- 9A ROOF SQUARE FEET 1,160.00 60.00 0.00 0.00 60.00 RADON/NEW SQUARE FOOTAG 4,163.00 20.82 0.00 0.00 20.82 RECOV/NEW SQUARE FOOTAG 4,163.00 20.82 0.00 0.00 20.82 ROGO FLAT RATE 1.00 0.00 0.00 0.00 0.00 ZONING-032 FLAT RATE 1.00 1011.00 0.00 1011.00 0.00 TOTAL PERMIT : ---------- 1244.64 ---------- 0.00 -------------------- 1011.00 233.64 *NOTE*: THIS RECEIPT HAS FEE CREDITS TOTALING: 200.00 METHOD OF PAYMENT AMOUNT NUMBER ----- ---- ----- ------------------ CHECK 1011.00 5415 - BOA TOTAL RECEIPT T 1011.00 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 16, 2010 Division: Growth Management Bulk Item: Yes No X Department: Planning and Env. Resources Staff Contact/Phone #: Tiffany Stankiewicz 289-2513 Michael Roberts 289-2502 AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for Triple J Investments Inc on Lot 23, Block 3, Ocean Park Village, Key Largo, Real Estate Number 00446010.000000. ITEM BACKGROUND: A building permit was applied for on 1/13/2005 and a ROGO application was applied for on 7/5/2005. The applicant applied for administrative relief on 11/24/2009 and is within the allowable time frame to be eligible for administrative relief under Section 138-27 of the Monroe County Code. Staff recommends that administrative relief be awarded in the form of a purchase offer by the Monroe County Land Authority. The property is in Tier 3-A (Special Protection Area) and is not on the list for re -consideration of a tier designation. The property is on the FEMA Injunction List. As of Quarter 2 Year 18 this application's market rate ranking was #193 out of 217 applications in the Upper Keys subarea. If the owner does not accept the offer provided by the Land Authority, the property remains in ROGO. The application will continue to earn perseverance points pursuant to the vesting provision for applications in the ROGO system prior to the effective date of Ordinance 09-2006. After the application has been in ROGO 5 years, it will begin earning 2 perseverance points per year for each year thereafter that the application remains in the ROGO system. The applicant may amend the ROGO application to increase points through land dedication or purchasing points. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval in the form of a purchase offer by the Monroe County Land Authority. TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes N/A No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management N/A DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: Monroe County Board of County Commissioners From: Tiffany Stankiewicz, Development Administrato Michael Roberts, CEP; PWS, Sr. Administrator Er vironmental Resources 10 Through: Townsley Schwab, Director of Planning & Environmental Resources Date: May 24, 2010 Subject: Request for Administrative Relief for Triple J Investments Inc Lot 23, Block 3, Ocean Park Village, Key Largo, Real Estate No. 00446010.000000 I. BACKGROUND The applicant is eligible for Administrative Relief, has complied with all requirements of the dwelling unit allocation system, has been considered in the first sixteen consecutive quarterly allocations and has not received an allocation award. Date Entered ROGO: 7/5/2005 Date Entered Administrative Relief. 11 /24/2009 Tier Score: 24 Tier 3-A: 20 Perseverance: 4 This application was ranked #193 in Quarter 2 Year 18. H. CURRENT CONDITIONS Location: Lot 23, Block 3, Ocean Park Village, Key Largo, Real Estate No. 00446010.000000 Owner: Triple J Investments Inc Land Use District: Improved Subdivision (IS) Tier: 3-A Page I of 3 05300206 Applicant/Agent: NIA FLUM: Residential Medium (RM) Reviewed by I Habitat: Hammock 2 3 Property is on the FEMA Injunction list and is not under review by the Tier Designation 4 Review Commission. 5 6 2009: Total Assessed Value: $14,760 Purchase Price in 2004: $30,000 7 8 Additional Relevant Information: 9 The 6,000 sq. ft. property is located within Tier 3-A and has a rectangular retaining wall (40 X 10 45 feet with +/- 3 feet of fill). holding approximately 150 to 200 cubic yards of fill which was 11 permitted in 1992. Exotic vegetation (Lead trees) with an exception of a few Inkwoods and 12 Pigeonplum have regrown in the disturbed area in the last 18 years. The remaining portion of the 13 lot consists of mature hammock with the dominant canopy containing Wild Tamarind, Gumbo 14 Limbo, Strangler Fig & Poisonwood. The trees along the street have been pruned aggressively for 15 the power lines. Staff estimates the exotic vegetation covers approximately 40 percent of this 16 parcel. Adjacent parcels to the east, west and south are undeveloped hammock lots based on the 17 2009 habitat layer, while the parcel to the north is a developed lot. Although the parcel is heavily 18 disturbed, restoration of the hammock is feasible. The parcel is within a half acre hammock 19 community which connects to a larger hammock area to the south (approximately an acre) and to 20 the north (approximately 18 acres). 21 22 III. LEGAL ELIGIBILITY AND OPTIONS 23 24 Eligibility for Administrative Relief Options: 25 Section 138-27 of the Monroe County Land Development Regulations and Policy 101.6.1 of the 26 2010 Comprehensive Plan provides a mechanism whereby an applicant who has not received an 27 allocation award in the ROGO system may apply to the Board of County Commissioners for 28 Administrative Relief. The applicant is eligible for Administrative Relief having complied with 29 all requirements of the dwelling unit allocation system and having been considered in at least the 30 first sixteen consecutive quarterly allocation periods, and not having received an allocation 31 award. The application was timely submitted for administrative relief in the form of one (1) 32 ROGO allocation award and the applicant has not expressed a desire to sell the property to the 33 County. 34 35 Relief Options under Administrative Relief: 36 The remedies available to the Board of County Commissioners for Administrative Relief 37 pursuant to Section 138-27 include: 38 39 a. Offer to purchase the property at its fair market value as its preferred action if the 40 property is located within: a) a designated Tier I area; b) a designated Tier II area 41 (Big Pine Key and No Name Key); c) a designated Tier III -A area (Special 42 Protection Area); or d) a designated Tier III area on a non -waterfront lot suitable 43 for affordable housing. 44 b. Grant the applicant an allocation award for all or a number of dwelling units 45 requested in the next succeeding quarterly allocation period or extended pro rata Page 2 of 3 Reviewed by - 05300206 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 over several succeeding quarterly allocation periods as the preferred action for buildable properties not meeting any of the criteria in (1) above. c. Suggest or provide such other relief as may be necessary and appropriate. In the event purchase is recommended and the owner refuses the purchase offer, the applicant may remain in the ROGO System and continue earning perseverance points according to Monroe County Code Section 138-28. IV. RECOMMENDATION It is recommended that the Board of County Commissioners find that the applicant has met the criteria and qualifies for Administrative Relief. It is further recommended that a Resolution be adopted that establishes this relief by an offer to purchase by the Monroe County Land Authority. Page 3 of 3 05300206 Reviewed by '�_ '� - _ ° ter+.•. ,rK S I294-nu I via \ . 14 . I 5 Slow am �K, . . . . . . it _ .At_ !{ 1 ' `+iC _ _ �}#1.9,' ��Ilfi�py� +ti'x ��i'��g •��. �' `:_'�'-. — -t �'J_.{ 7� f r' i �'• tip_ � �. � ��_ + � I r,.*,f �. � �L�-� -4 --. • l�' +. r - ,t� �-� �'+ i' - � Ifs ~ �Y ij k`!_V Xf ` Li '4' ti3.y,- y-#'/r'./.A',$' •.~r`f�_�*�i.�**�y+ fJ4 w � {ry ��-, •„f r l .17 + y f. �' yr" X • 4 4_ w•Mm RESOLUTION NO. —2010 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY TRIPLE J INVESTMENTS INC ON PROPERTY DESCRIBED AS LOT 23, BLOCK 3, OCEAN PARK VILLAGE, KEY LARGO, RE # 00446010.000000 IN THE FORM OF A PURCHASE OFFER FROM THE MONROE COUNTY LAND AUTHORITY. WHEREAS, Triple J Investments Inc submitted an application for administrative relief under Sec. 138-27 of the Monroe County Land Development Regulations; and WHEREAS, the Monroe County Board of County Commissioners makes the following findings of fact and conclusions of law: 1. The application for administrative relief from Triple J Investments Inc is for Lot 23, Block 3, Ocean Park Village, Key Largo in Monroe County, Florida having RE# 00446010.000000. 2. The date of the ROGO application is 7/5/2005. 3. The ROGO allocation application has been in the ROGO system for at least four (4) consecutive years and qualifies for administrative relief under Policy 101.6.1 of the Monroe County Year 2010 Comprehensive Plan. 4. Monroe County Code (MCC) Section 138-27 provides a mechanism whereby an applicant who has not received an allocation award in ROGO may apply to the Board of County Commissioners for administrative relief. 5. The Board of County Commissioners (BOCC) has the authority to grant administrative relief under Section 138-27(f) and may grant the applicant a building allocation, offer to purchase the property at fair market value, or provide such other relief as may be necessary and appropriate. 6. The applicant applied for administrative relief on 11/24/2009, under Section 138-27 of the MCC and Policy 101.6.1 of the 2010 Comprehensive Plan. 7. Policy 101.6.5 of the 2010 Comprehensive Plan provides criteria to be used for determining lands that are appropriate for acquisition and the criteria includes the environmental sensitivity of the vegetative habitat on the lot and the applicable Tier designation. ADMINISTRATIVE RELIEF RESOLUI ION Page I of 2 RE# q(14460E000AW Ih 1U4206 8. The subject property has the land use district designation of improved Subdivision (IS), is located in the Ocean Park Village Subdivision and is located in a Tier 3-A designated area. 9. Monroe County Code (MCC) Section 138-27(f) states the Board may offer to purchase property at its fair market value as the preferred action for property located within Tier 3-A. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to Triple J Investments Inc, for Lot 23, Block 3, Ocean Park Village Subdivision, Key Largo in the form of a purchase offer by the Monroe County Land Authority. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 16th day of June, 2010. Mayor Sylvia J. Murphy Mayor Pro Tem, Heather Carruthers Commissioner Mario Di Gennaro Commissioner George Neugent Commissioner Kim Wigington BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA N. "I (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK Mayor Sylvia J. Murphy NROE COUNTY ATTORNEY APPROVED AS 0 FORM Date: ADMINISMATIVE RELIEF RESOLUTION RE# (Hl 4001[l.(fEMOO 051,00206 Page 2 of 2 Property Search -- Monroe Vy Property Appraiser Q Page] of 4 Ervin A. Higgs, CFA Property pp Appraiser office (305) 292-3420 fax (305) 292-350� Monroe County, Florida Property Record View Alternate Key: 1545686 Parcel ID: 00446010-000000 Ownership Details Mailing Address: TRIPLE J INVESTMENTS INC 135 N AIRPORT RD TAVERNIER, FL 33070 Property Details PC Code: 00 - VACANT RESIDENTIAL Millage Group: 500P Affordable Housing: No Section -Township- 26-62-38 Range: Property Location: KEY LARGO Subdivision: OCEAN PARK VILLAGE Legal Description: BK 3 LT 23 OCEAN PARK VILLAGE P134-14 KEY LARGO OR604-57 OR1073-920 OR1073-921OR1145- 83 OR1725-466QC OR2047-1898 http://www.mcpafl.org/PropSearch.aspx 4/14/2010 Property Search -- Monroe * 1 :ty Property Appraiser C Page 2 of 4 Parcel Map Land Details Land Use Code Front M10D - RESIDENTIAL DRY 60 Building Summary Number of Buildings: 0 Number of Commercial Buildings: 0 100 Land Area 6,000A0 SF http://www.mcpafl.org/PropSearch.aspx 4/14/2010 Property Search -- Monroe �,ty Property Appraiser Total Living Area: 0 Year Built: 0 Parcel Value History Certified Roll Values. View Taxes for this Parcel Page 3 of 4 Roll Year Total Bldg Total Misc Total Land Total Just Total Assessed School Exempt School Taxable Value Improvement Value Value (Market) Value Value Value Value 2009 0 0 14,760 14,760 14,760 0 14,760 2008 0 0 15,660 15,660 15,660 0 15.660 2007 0 0 26.100 26,100 26,100 0 26.100 2006 0 0 26,100 26.100 26,100 0 26,100 2005 0 0 13.500 13,500 13,500 0 13,500 2004 0 0 13,500 13,500 13,500 0 13,500 2003 0 0 7,800 7,800 7,800 0 7,800 2002 0 0 7,800 7 800 7,800 0 7.800 2001 0 0 6,780 6,780 6.780 0 6,780 1 2000 0 0 6,780 6,780 6,780 0 6,780 1999 0 0 6.780 6,780 6.780 0 6,780 i 1998 0 0 6.780 6 780 6,780 0 6.780 I 1997 0 0 6,780 6,780 6-780 0 6,780 i 1996 , 0 0 6,780 6.780 6,780 0 6.780 I 1995 0 0 6,780 6,780 6,780 0 6.780 j 1994 0 0 9,000 9,000 9,000 0 9,000 1993 0 0 9,000 9.000 9,000 0 9,000 j 1992 0 0 9,000 9,000 9,000 0 9,000 I 1991 I 0 0 9,000 9,000 9,000 0 9,000 1990 0 0 8,700 8,700 8,700 0 8,700 i 1989 0 0 8,700 8,700 8,700 0 8,700 1988 i 0 0 8,700 8,700 8,700 0 8,700 i 1987 0 0 8,700 8,700 8,700 0 8.700 E 1986 i 0 0 8,100 8,100 8,100 0 8,100 1985 I 0 0 8,100 8,100 8,100 0 8,100 1984 0 0 8,100 8,100 8,100 0 8,100 1983 0 0 6,006 6,006 6,006 0 6.006 i 1982 0 0 6,006 6,006 6.006 0 6,006 Parcel Sales History -------~------v - _..�------ NOTE. Sales do not generally show up in our computer system until about two to three months after the I date of sale. If a recent sale does not show up in this list, please allow more time for the sale record to be processed Thank you for your patience and understanding. Sale Date Official Records Book/Page Price Instrument Qualification http://www.mcpafl.org/PropSearch.aspx 4/14/2010 Property Search -- Monroe *ty Property Appraiser 9/30/2004 2047 / 1898 30.000 Wp 8/111988 1073 / 921 7,800 WD 2/1/1974 604157 900 00 This page has been visited 129,144 times. Monroe County Property Appraiser Ervin A. Higgs, CFA P.O. Box 1176 Key West, FL 33041-1176 G 2 0 Page 4 of 4 http://www.mcpafl.org/PropSearch.aspx 4/14/2010 www.sunbiz.org , Departmen'- State I Page 1 of 2 Previous on Llst Next on List Return To List Events No Name History Detail by Entity Name Florida Profit Corporation TRIPLE J INVESTMENTS, INC. Filinq Information DocumentNumber P01000018317 FEI/EiN Number 651086342 Date Flied 02/19/2001 State FL Status ACTIVE Last Event CANCEL ADM DISS/REV Event Date Filed 11/07/2005 Event Effective Date NONE Princi al Address 135 N AIRPORT RD TAVERNIER FL 33070 Mailing Address 135 N AIRPORT RD TAVERNIER FL 33070 Registered Agent Name & Address FRINS, JOSEPH J JR 135 N AIRPORT RD TAVERNIER FL 33070 US Officer/Director Detail Name & Address Title D FRINS, JOSEPH J JR 135 N AIRPORT RD TAVERNIER FL 33070 Title D FRINS, LISA A 135 N AIRPORT RD TAVERNIER FL 33070 Annual Reports Report Year Flied Date 2008 W09/2008 2009 03/11/2009 2010 =16/2010 Document images Wt.AL €"iEPORT l View image in PDF format s�� 9 ANNUAL REPORT f _ View image in PDF format Entity Name Search Submit http://www.sunbiz.org/scripts/cordet.exe?action=DETFTI.&.inn dnr rnimhPr=P()100(1(11 R i 1 C,Z,�nt r1 www.sunbiz.org - Departmet ,, State 6— Page 2 of 2 i a'Uf1 2+. y ANNUAL RFPOR View image in PDF format f�?• WiLIU07 ANNUAL R(-:PURT View image in PDF format 1)1r256 L106 ANNU„A, L REPORT View image in PDF format f '07;200 , REMSTATEMENT F Yew image in PDF forma# �3 ilf�'�'t)0•l -ANNUALREPORTf View image in PDF format 1 t1e 1 @i;2003 ANNUALREPORLI Yew image in PDF format r+'I;�.'1'2of)2 -ANNUALREPORTI View image in PDF format Lj�/If„2oo1 - Domestic Prof,t View image in PDF format Note: This is not officiai record. See documents if question or conflict. Previous on List Next on List Return To Lis Events No Name History 'I�t ICt 1,1� O—Wrl3ent Sri .hes I L ' li im i,2 ,es . rol'ills h � Clwwri+tht and F'l wary Puti[, f.:,jpYA<llIt: 4) 211107 Stale of iprnl7. tlepmt.lrtlt �bf Gila v Entity Name Search Submit http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&ina tine nrtmhPr=P()IfNlMiR'At Crz��ntn 2 nd S T R E E T$ � I n.<n' m? �m n> n V I d ttnn C o l o � I x � to \ II 3 \ 9 W I O rF D V n w m 4 1 1 I t N 1 I A J e a — as tt x .• egg it N m P 'Wu N, N jug j L��g 'fI& 'T�Z I '0 • ' o' s- : L 0 T BL CCK 2 2 :3 100' Plot / 99.94' C. 6 M. L O O It x It § CD 31,33' r W 1 100' Plot / 99.95' C. t, K qy A — L❑T 24 j * B L O C K 3 DAVID MASSEY LAND SURVEYING, INC. R10"" F= 305 66688 Ot+ea.ae PA. Bm 619. T~Abr. FL 33070 Client: Frins Florida Certificate of Authorization No. L8 6956 Section 26 Township 62 South. Range 38 East I f °fir Owl tM mungy hw .w pwftrnwd ,a,der ny ' P3NON* , .uprvi♦4n and 4 Trw and corneal la aw Dot d Key Largo Monroe County, Florida a 7tis auroay nMato 1 Te St dem�d■ er ry „deuw�((f 4 E Survry.a: 11-11-04 Fleldboak No. 106 4 %V M Drawing No. 7631 Drawn 8y: AMR Scala: 1" .. 20' David S. Massey, P.S.M. 1 5125 }. •'� WPEF T Al QUERY I NEXT PREMUS I FIRST LAST 1 2 3 4 5 ZWM -,- Display the next matching permit PERMIT NO F91303029 JTATUS APPLY DATE 02/28/1991 OPER fCanvert MASTER NO J NOTES 0 PERMIT ISSUED 07/14/1992 OPER Convert PROJECT - J CERT ISSUED OPER CERT NUMBER TYPE FC/0 RE: F00446010000000 `-- UPDATE ADDRESS 4�J PARC ADDR jBK 3 LT 23 OCEAN PARK C/S/Z +� F— -- OWNERI[BELCHER JONATHAN & JENIFER L.� 0WNER2 BELCHER JOHATHAN JORN O ADDR [P. O. BOX 427 C/S/Z TAVERNIER rFL 0070 -- PERMIT TYPE .07 J US. C-404 TYPE[- --j OWNER PH - -- — � USAGE CLASS;N/R J PERMIT FORM PERMIT J M. MARKER f0ii APPLIED VALUATION 200 LAND USE CALC VALUATIONI —' -- -0 .— .. �O FLD ZONE ,._._ .... -._. OWNERSHIP F rPR VRTE NOTES CY/N/Da ROGO TIME BI01 - SPECIAL CONDITIONS/NOTES DCA DATE- I'i�Y"ilt'��►w*a+►'. ROGO DATE - - EXPIREDPERMIT HURRICANE FLOOD ZONE AE-9' F BEACH ROAD _--- — -�-- Lookup-- Notepad User sare*" Quit I rage I or I w Help Rai Estate AwMals am certlikotes RqwU Tanpthle llasha Tao sboppfag art Created print file suocesdullyI Roll Tax Status 2009 2009 Acct: Pald-on-fun 2008 2008 Acct: Paid-In-fu8 2007 2007 Acd. Pald-In-full 2006 2006 Acd: Pat" -fun 2005 2005 Acct: Paid -in -full 2004 2004 Acet: Paid -in -full 2003 2003 Acct: Paid -In -full 2002 2002 Acct: Pald4n-full 2001 2001 Acct: Paid -In -full 2000 2000 Acd: Paid -In -lull 1999 1999 Acct: Paid -in -lull 1999 1998 Acct: Paid-lmfun Total Due: 1545686 - -- Due Roll Year: 2009 Claw Value: 0 Tax Year: 2009 Just Value: 14,760 Account Number: 1545686 School Assessed Value: 14,760 19 ' AsSessed Value: 14,760 Parcel Number: 00446010000000266238 Exemption Value: 0 Mlllage Code: SOOP Taxable Vie: 14,760 Certeled TRIPLE J INVESTMEN75 Ad Valorem: #147.24 Roil Owner(s): INC 135 N AIRPORT RQ Non -ad Yalorem: $450.96 TAVERNIER, FL 33070 Total Tax: $598.20 Sltus Address: KEY LARGO $0.00 (e.g. Llndth Sohn) (a.g. 123 Main fit) Tax Yr 1545686 TRIPLE 3INVESTMEN75 INC KEY LARGO 2008 154SG86 TRIPLE 3 INVESTMENTS INC KEY LARGO 2009 Search results as of less than a minute ago 11 - 12 « Copyright ® 1997-2010, Grant Street Group. All rights reserved. ►"Wed by � 3 hqs://www.monroe.county-taxes.c,om/tcb/app/re/accounts 5/5/2010 M COUNTY D. EA NRI�FZ� C,f 2009 Real Estate 1545M TRIPLE J INVESTMENTS INC 135 N AIRPORT RD TAVERNIER, FL 33070 004480100000002M38 SK 3 LT 23 OCEAN PARK VILLAGE P84-14 KEY LARGO ORS04-57 OR1073-Wo -K OR1073.921OR1145-93 OR1725-48BQC OR2047-1898 :s SCHOOL STATE LAW 1.6880 14,710 0 14.780 24.91 SCHOOL LOCAL BOARD 1.6990 14.760 0 14,760 25.08 GENERAL REVENUE FUND 1.0775 14.760 0 14,760 15.90 F&F LAW ENFORCE JAIL JUDICIAL 1.9788 14,760 0 14,760 29.20 HEALTH CLINIC 0.0276 14,760 0 14,760 0.41 GENERAL PURPOSE MSTU 02334 14.760 0 14,760 3.44 FLORIDA KEYS MOSQUITO CONTROL 0.4262 14,780 0 14.760 6.29 M C LOCAL ROAD PATROL LAW ENF 0.3517 14,780 0 14,760 5.19 SO FL WATER MANAGEMENT DIST 0.2549 14,760 0 OKEECHOBEE BASIN 0.2797 14,760 0 14,760 3.76 LOWER 6 MIDDLE KEYS FIRE & AMB 1.8709 14.780 0 14.780 4.13 EVERGLADES CONSTRUCTION PRJT 0.0894 14.780 0 14,790 27.61 14,760 1.32 701ALMNA AQE 9.9769 KEY LARGO WASTEWATER #5 COMBWED TAXES ANDASSESSNIEN FS If Received By May 28, 2010 Please Pay $0.00 DANISE D. HENRIQUEZC.F.C. MONROE COUNTY TAX COLLECTOR 1545M $59820 Jun 30, 2010 $0.00 Jul 30, 2010 $0.00 20M Real Estam NOTICE OF AD IALOREM TAXES AND $14724 L $450.98 004480WOOD000268238 TRIPLE J INVESTMENTS INC 135 N AIRPORT RD TAVERNIER, FL 33070 BK 3 LT 23 OCEAN PARK VILLAGE P134-14 KEY LARGO OR80457 OR 1073-920 OR1073-921OR1145-M OR11725.466QC OR2047-1US CHECKS ON U.S, BANKS ONLY TO DANISE M MFOQUEt, CF.0 1AX COLLECTOR PA. BOX 1129, KEY WEST; FL 33041JH20 tf Received By Please Pay I $ .0D8, 2010 Jun 1$0.00 ' 2010 1$0.00 Jul 2010 Paid 12IM009 Receipt* 105-09-OM144 $580.25 PAID BY... 00446000-000000 �' CM L4 (� 00446020-000000 S-/7ji � C. APPLICATION ADMINISTRATIVE RELIEF APPLICATION Administrative Relief fee: $1,011.00 Property Owner's Name: 7 C J lI°LC-1r Y 5 -1114G Property Owner's complete mailing address: �t T -7�4vlvl L;-� Phone:— ��� 2 -/ y 7 6 Fax: Agent's Name: Agent's complete mailing address: Phone: Fax: (Please attach a statement authorizing representation of this application by someone other than yourself. The statement should read: "I, (owner's name) authorize (individual you are authorizing to represent you) to represent my property for this application for Administrative Relief' PROPERTY DESCRIPTION: Lot - 3 Block 3 Subdivision 0('6W'lU19f 9-A� 14 "fjr- Key (island): �%r?A-Jj Street: BSA jwu MM: URE: If metes and bounds, attach legal description on separate sheet. Permit Application #: 5 D0201a Date of most recent ROGO application: S k 0 S What kind of administrative relief are you seeking?�- NOTARY: STATE OF FLORIDA COUNTY OF N") On rae The foregoing signature was acknowledged before me this day of_KpV _,20 a`t, By �O� k� F� S who is personally known to me or produced (PRINt NAME OF PIsRSON SIGNING) Pa l lu Cvyto►'1 as identification. AWJWA P 36111M M com ission expir s: alwy ham' oft @of RNA M� • W1 cam. &oft," 1, i01! OaNIN oft 100 IMMb Signature of Notary Pu , S e of Florida �MM TO BE COMPLETED TAFF- DATE: I { PERMIT # 2-0 Page 2 of 2 Admmistmfiw Relief ApplLuuen 03loM000 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date:_ June 16, 2010 Division: Growth Management Bulk Item: Yes _ No X Department: Planning and Env. Resources Staff Contact/Phone #: Tiffany Stankiewicz 289-2513 Michael Roberts 289-2502 AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for Henry D and Barbara A Pinder TIC on Lot 1, Block 4, Tropical Bay 3rd Addition, Big Pine Key, Real Estate Number 00313510.000000. ITEM BACKGROUND: A building permit was applied for on 6/8/2005 and a ROGO application was applied for on 8/8/2005. The applicant applied for administrative relief on 3/12/2010 and is within the allowable time frame to be eligible for administrative relief under Section 138-27 of the Monroe County Code. Staff recommends that administrative relief be awarded in the form of a purchase offer by the Monroe County Land Authority. The property is in Tier 2 and is not on the list for re -consideration of a tier designation. The property is on the FEMA Injunction List. As of Quarter 2 Year 18 this application's market rate ranking was #3 out of 47 applications in the Big Pine/No Name Key subarea. If the owner does not accept the offer provided by the Land Authority, the property remains in ROGO. The application will continue to earn perseverance points pursuant to the vesting provision for applications in the ROGO system prior to the effective date of Ordinance 09-2006. After the application has been in ROGO 5 years, it will begin earning 2 perseverance points per year for each year thereafter that the application remains in the ROGO system. The applicant may amend the ROGO application to increase points through land dedication, purchasing points, or lot aggregation. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: NIA STAFF RECOMMENDATIONS: Approval in the form of a purchase offer by the Monroe County Land Authority. TOTAL COST: NIA INDIRECT COST: N/A BUDGETED: Yes N/A DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: N/A SOURCE OF FUNDS: N/A No REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management N/A DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: Monroe County Board of County Commissioners From: Tiffany Stankiewicz, Development Administrato Michael Roberts, CEP; PWS, Sr. Administrator E vironmental Resource Through: Townsley Schwab, Director of Planning & Environmental Resources Date: May 24, 2010 Subject: Request for Administrative Relief for Pinder Lot 1, Block 4, Tropical Bay 3rd Addition, Big Pine Key, Real Estate No. 00313510.000000 I. BACKGROUND The applicant is eligible for Administrative Relief, has complied with all requirements of the dwelling unit allocation system, has been considered in the first sixteen consecutive quarterly allocations and has not received an allocation award. Date Entered ROGO: 8/8/2005 Date Entered Administrative Relief: 3/12/2010 Tier Score: 14 Tier 2: 10 Perseverance: 4 This application was ranked #3 in Quarter 2 Year 18. U. CURRENT CONDITIONS Location: Lot 1, Block 4, Tropical Bay 3rd Addition, Big Pine Key, Real Estate No. 00313510.000000 Owner: Henry D and Barbara A Pinder T/C Applicaut/Agent: N/A Land Use District: Improved Subdivision (IS-M) FLUM: Residential Medium (RM) Tier: 2 Page 1 of 3 05103051 Reviewed by 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Habitat: Undeveloped Land Property is on the FEMA Injunction list and is not under review by the Tier Designation Review Committee 2009: Total Assessed Value: $34,425 Purchase Price in 2007: $120,000 Additional Relevant Information: The property is located in Tier 2. The parcel is a canal front lot that is entirely denuded of vegetation and has been filled. The property to the west of the parcel consists of scrub mangrove communities within the Key Deer National Wildlife Refuge, vacant parcels to the north are privately owned lots consisting of mangrove habitat. These privately held parcels are on the Florida Forever acquisition list. The parcels to the south and east of the lot consist of a mix of cleared vacant lots and single family residences. IIh LEGAL ELIGIBILITY AND OPTIONS Eligibility for Administrative Relief Options: Section 138-27 of the Monroe County Land Development Regulations and Policy 101.6.1 of the 2010 Comprehensive Plan provides a mechanism whereby an applicant who has not received an allocation award in the ROGO system may apply to the Board of County Commissioners for Administrative Relief. The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling unit allocation system and having been considered in at least the first sixteen consecutive quarterly allocation periods, and not having received an allocation award. The application was timely submitted for administrative relief in the form of one (1) ROGO allocation award and the applicant has not expressed a desire to sell the property to the County. Relief Options under Administrative Relief: The remedies available to the Board of County Commissioners for Administrative Relief pursuant to Section 138-27 include: Page 2 of 3 05103051 a. Offer to purchase the property at its fair market value as its preferred action if the property is located within: a) a designated Tier I area; b) a designated Tier I1 area (Big Pine Key and No Name Key); c) a designated Tier III -A area (Special Protection Area); or d) a designated Tier III area on a non -waterfront lot suitable for affordable housing. b. Grant the applicant an allocation award for all or a number of dwelling units requested in the next succeeding quarterly allocation period or extended pro rata over several succeeding quarterly allocation periods as the preferred action for buildable properties not meeting any of the criteria in (1) above. c. Suggest or provide such other relief as may be necessary and appropriate. Reviewed by 1 2 3 4 5 6 7 9 10 In the event purchase is recommended and the owner refuses the purchase offer, the applicant may remain in the ROGO System and continue earning perseverance points according to Monroe County Code Section 138-28. IV. RECOMMENDATION It is recommended that the Board of County Commissioners find that the applicant has met the criteria and qualifies for Administrative Relief. It is further recommended that a Resolution be adopted that establishes this relief by an offer to purchase by the Monroe County Land Authority. Page 3 of 3 05103051 Reviewed by SLA 2 RESOLUTION NO. —2010 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY HENRY D AND BARBARA A PINDER TIC ON PROPERTY DESCRIBED AS LOT 1, BLOCK 4, TROPICAL BAY 3RD ADDITION, BIG PINE KEY, RE # 00313510.000000 IN THE FORM OF A PURCHASE OFFER FROM THE MONROE COUNTY LAND AUTHORITY. WHEREAS, Henry D and Barbara A Pinder TIC submitted an application for administrative relief under Sec. 138-27 of the Monroe County Land Development Regulations; and WHEREAS, the Monroe County Board of County Commissioners makes the following findings of fact and conclusions of law: L The application for administrative relief from Henry D and Barbara A Pinder TIC is for Lot 1, Block 4, Tropical Bay 3rd Addition, Big Pine Key in Monroe County, Florida having RE# 00313 5 10. 000000. 2. The date of the ROGO application is 8/8/2005. 3. The ROGO allocation application has been in the ROGO system for at least four (4) consecutive years and qualifies for administrative relief under Policy 101.6.1 of the Monroe County Year 2010 Comprehensive Plan. 4. Monroe County Code (MCC) Section 138-27 provides a mechanism whereby an applicant who has not received an allocation award in ROGO may apply to the Board of County Commissioners for administrative relief. 5. The Board of County Commissioners (BOCC) has the authority to grant administrative relief under Section 138-27(f) and may grant the applicant a building allocation, offer to purchase the property at fair market value, or provide such other relief as may be necessary and appropriate. 6. The applicant applied for administrative relief on 3/12/2010, under Section 138-27 of the MCC and Policy 101.6.1 of the 2010 Comprehensive Plan. 7. Policy 101.6.5 of the 2010 Comprehensive Plan provides criteria to be used for determining lands that are appropriate for acquisition and the criteria includes the environmental sensitivity of the vegetative habitat on the lot and the applicable Tier designation. Ammsn,AwE RELIEF RESOLUTION Page I of 2 RE# aRE» 05303051 8. The subject property has the land use district designation of Improved Subdivision (IS-M), is located in the Tropical Bay 3rd Addition Subdivision and is located in a Tier 2 designated area. 9. Monroe County Code (MCC) Section 138-27(f) states the Board may offer to purchase property at its fair market value as the preferred action for property located within Tier 2. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to Henry D and Barbara A Pinder TIC, for Lot 1, Block 4, Tropical Bay 3rd Addition Subdivision, Big Pine Key in the form of a purchase offer by the Monroe County Land Authority. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 16th day of June, 2010. Mayor Sylvia J. Murphy Mayor Pro Tern, Heather Carruthers _ Commissioner Mario Di Gennaro Commissioner George Neugent Commissioner Kim Wigington BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA m (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK Mayor Sylvia J. Murphy MONROE COUNTY ATTORNEY APP F M ADMIN[sTRATIvE RELIEF RESOLUTION Page 2 of 2 RE# «RE» 05303051 Property Search -- Monroe tasty Property Appraiser Page 1 of 4 Ervin A. Higgs, CFA office (305) 292-3420 Property Appraiser fax (305) 292-3501 Monroe County, Florida Property Record View Alternate Key: 1387037 Parcel ID: 00313510-000000 Ownership Details Mailing Address: All Owners: PINDER HENRY D PINDER BARBARA A Tic, PINDER HENRY D 414 N AIRPORT RD TAVERNIER, FL 33070 Property Details PC Code: 00 - VACANT RESIDENTIAL Millage Group: 100H Affordable Housing: No Section -Township- 14-66-29 Range: Property Location: VACANT LAND BIG PINE KEY Legal Description: BK 4 LT 1 TROPICAL BAY 3RD ADDN BIG PINE KEY P135-81 OR584-56 OR797-2150 OR949-11160/C OR1070-1520/JB OR2212-1507 OR2341-2432/33 httv:+.r:www.menafl.orv-/PronSearch.asnx ;:';f')Ot n Property Search -- Monroe C Jity Property Appraiser Page 2 of 4 Parcel Map Land Details Land Use Code Frontage Depth Land Area M9 EC - END CANAL 0 0 8.500.00 SF Building Summary Number of Buildings: 0 Number of Commercial Buildings: 0 http:/+'www.mepafl.org/PropSearch.aspx 5150o] f) Property Search -- Monroe C ty Property Appraiser i� Page 3 of 4 Total Living Area: 0 Year Built: 0 Appraiser Notes SALE DATE 12/28/07 LIS PENDENS FILED BK 2311 PG 251 (178H) 418108 FOR SALE W/PERMIT IN THE SYSTEM, $130.000. Parcel Value History Certified Roil Values. View Taxes for this Parcel. Roll Year Total Bldg Value Total Misc Improvement Value Total Land Value Total Just (Market) Value Total Assessed School Exempt School Taxable Value Value Value 2009 0 0 34,425 34.425 34,425 0 34,425 2008 0 0 35,700 35,700 35,700 0 35,700 2007 0 0 63,750 63,750 63,750 0 63,750 2006 0 0 80,750 80,750 80,750 0 80,750 2005 0 0 68,000 68.000 68.000 n SR nnn 2004 0 0 2003 0 0 i 2002 0 0 2001 0 0 2000 0 0 1999 0 0 1998 0 0 1997 0 0 1996 0 0 1995 0 0 1994 0 0 1993 0 0 1992 0 0 1991 0 0 1990 0 0 1989 0 0 1988 0 0 1987 0 0 1988 0 0 1985 0 0 1984 0 0 1983 1982 0 0 0 0 34,000 34.000 34,000 0 34,000 29,750 29,750 29.750 0 29,750 25,500 25,500 25,500 0 25,500 28.688 17,212 17,212 0 17,212 28,688 17,212 17,212 0 17.212 28.688 17,212 17,212 0 17,212 28,688 17.213 17,213 0 17,213 28,688 17,213 17,213 0 17,213 28,688 17,213 17,213 0 17,213 28,688 28.688 28.688 0 28,688 28,688 28.688 28,688 0 28,688 28,688 28,688 28,688 0 28.688 22.631 22,631 22.631 0 22.631 26,138 26.138 26,138 0 26,138 26,138 26.138 26,138 0 26.138 28.050 28,050 28.050 0 28.050 22.950 22.950 22,950 0 22,950 19,975 19.975 19,975 0 19,975 19.975 19.975 19.975 0 i 19.975 18.640 18,640 18,640 0 18.640 18,640 18.640 18,640 0 18.640 18.640 13.296 18,640 13.296 18.640 13,296 0 0 18.640 13,296 http:/;'www.mepafl.org/PropSearch.aspx 5/512010 Property Search -- Monroe duty Property Appraiser Page 4 of 4 Parcel Sales History NOTE: Sales do not generally show up in our computer system until about two to three months after the date of sale. If a recent sale does not show up in this list, please allow more time for the sale record to be processed. Thank you for your patience and understanding. Sale Date Official Records Book/Page Price Instrument Qualification 12/2812007 234112432 120.000 WD F 6/112008 2217 / 1876 150.000 WD U 513/2005 2112 / 1507 70.000 WD Q 1011/1988 1070 / 1520 24,000 WD Q 911/1979 79712150 9,400 00 Q This page has been visited 42,915 times. Monroe County Property Appraiser Ervin A. Higgs, CFA P.O. Box 1176 Key West, FL 33041-1176 http://www.mcpafl.org/PropSearch.aspx 5r5;,?()1 p T.'Av I 9 L-MAL 0 Monroe County-faxes.com Page I of I Help Raw Estete Aaeerelt WON Ce"Mates Repots Taagf " Balteas TAX skapplas Cart Rot[ Tax Statrw Due Roll Year: 2009 Class Value: 0 2009 2009 Acct: Paid -in -NB Tax Year. 2009 Just Value: 34,425 2008 2000 Ard: Pald-In-full Account Number: 1397037 Scholl Assessed Value: 34,425 2007 2007 Aad: Pald_In-fun A ' Assessed Value: 34,425 2006 2006 Acct: Paid -In -full Parcel Number. 00313510000000146629 Exemption Value: 0 2005 2005 Acct: Pald-In-full Mlllage Code: loom Taxable Value: 34,425 2004 2004 Acct: Paid-ln-full CAMFIed PINDER HENRY D Ad Valorem: $343.45 Delq Advertised Roll Owner(s): PINDER BARBARAAT/C Non -ad Valorem: $0,00 2003 2003 Acct: Pa" -fun 414 N AIRPORT RD TAVI RNIER, FL 33070 Total Tax: �343.d5 2002 2002 Acct: Paid -In -fun D* Advertised SRus Address: VACANT LAND, » BIG PINE KEY 2001 zoos aoct: paid -In -full 2000 2000 Ard: Pald-In-fun 1999 1999 Acct: Pald-in-hull 1998 1998 Aux*: Paid -in -full Total Due: $0.00 AOCawd Search 1387037 —W (e.g. Smith Sohn) (e.A. 123 Main St) Tax Yr 1387037 PINDER HENRY D VACANT LAND BIG PINE KEY 2008 1387037 PINDER HENRY D VACANT LAND BIG PINE KEY 2009 Search results as of less Nan a minute ago 11 - 12 « ,. Copyright ® 1997-2010, Great Street Group. All rights reserved. vnMrwd by Sgflwer Yaw Aov►r 0 https://www.monroe.county-taxes.com/tcb/app/re/accounts 5/5/2010 DANISE D. HENRIQUEZ. MONRna rrn fWTV rav _..__ 2M Real Estate PINDER HENRY D PINDER BARBARA A TIC 0031351000000014$M 414 N AIRPORT RD VACANT LAND TAVERNIER.FL 33070 SCHOOL STATE LAW SCHOOL LOCAL BOARD 1.6880 GENERAL REVENUE FUND 1.8890 Fd,F LAW ENFORCE JAIL JUDICIAL 1.0775 HEALTH CLINIC 1.9786 GENERAL PURPOSE MSTU O.D278 FLORIDA KEYS MOSQUITO CONTROL 02334 0.4262 M C LOCAL ROAD PATROL LAW ENF SO FL WATER MANAGEMENT DIST 0.3517 OKEECHOBEE BASIN 0.2549 LOWER & MIDDLE KEYS FIRE & AMB 0.2797 EVERGLADES CONSTRUCTION 1.8709 PRJT 0.0894 707ALAMLAGE 9.9769 BK 4 LT 1 TROPICAL BAY 3RD ADDN BIG PINE KEY PB5-al OR554-50 OR7W-2150 OR949.11166/C OR1070-1520/JB OR2212-1507 OR2341-2432/33 34,425 0 34,425 0 34,425 58.11 34,425 0 34.425 58.49 34,425 0 34,425 37.09 34,425 0 34•425 68.11 34.425 0 34,425 0.95 34,425 0 34,425 8.03 34,425 0 34.425 14.67 34.425 0 34A25 12.11 34,425 0 34,425 8.77 34,425 0 34•425 9.83 34,425 0 34,425 64AI 34•425 3.08 AD VALOR61f D XES NolwriD VgLQtmam-pSGE�S TAXESANDp� $343.45 If Raoaived By May 25. 2010 Jun 30. 2010 Please Pay $0.00 $.00 Jul 30, 2010 $0.00 DANISE D. HENRIQUEZ C.F.C. coLm2009 Real EEstaterr rAx coLta_cro� NOTICE of AD 1Q4LOREM (AXES AND Nop 1387037 x �c $0.00 w loom I PINDER HENRY D 0031351000OW0149M It PINDER BARBARA A TIC VACANT LAND 414 N AIRPORT RD TAVERNIER, FL 33070 BK 4 LT 1 TROPICAL BAY 3RD ADON BIG PINE KEY OR1R1070-15MJB OR22212-1507 OR23441 2432/33 CHECKS ON U.S. BANKS OIB.Y 70 DANISE HBOW1 17, C�'TrAXCOLLECTOR If Reo 1'14 By May 28. 2010 Jun 30. 201 Please P y 50.00 $ O.OD Jut 30, 2010 sO.OD Paid 11/1212009 Receipts II&49-OD000505 $329.71 IF PAJD BY ... F11 00315090-000000 omfiloo-0000000 00315110-000000 .S�,1) a.' l APPLICATION �E ADMINISTRATIVE RELIEF APPLICATION Administrative Relief fee l (III f}f) Property Owner's Name: Property Owner's complete mailing address: _1 % o fc-� 9d V� -1 33v Phone: 3 v o1 Fax: 305 3Sa 3 b Agent's Name: & ElC Agent's complete mailing address:_ SA Phone: 3A Fax; SA (Please attach a statement authorizing representation of this application by someone other than yourself. The statement should read: 1, (owner's name) authorize (individual you are authorizing to represent you) to represent my property for this application for Administrative Relief' PROPERTY DESCRIPTION: Lot Block Subdivision r/2c / 3 � n Key (island): PI (- Street: 1*4 mm: 3 l RE: 00 313 51 0 c OOQ o Ymetes and boon , attach legal descry tion on separate Aeet. Permit Application #:_0 1 --y 1 - 3.0 1 Date of most recent ROGO application: o O 5 1 What kind of administrative relief are you seeking? (C /n/ NOTARY: STATE OF FLORIDA COUNTY OF Mo n rc_)?, s Signature The foregoing signature was acknowledged before me this 5 day of M4,-c. � 20-LL. By rZ r T �'nr_� V who is ersonally known to me or produced (PRINT NAME OF PERSON SIGNING) ; -}hY!+G-,, rrili L. ]asidentificati n. �-= y L $uej Commission#DDd434 My commission ex ' l:xkes: NOV 19, 2010 w'AAARONNoTARY.com Signature of Notary Public, State of Florida TO BE COMPLETED BY STAFF- DATE: `} PERMIT CO Nip = of z Ununivrataw Relier Apphcmion 01,tm1 2(X)9 APPLICATION MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT L APPLICATION FOR RESIDENTIAL ADMINISTRATIVE RELIEF Monroe County Code Section 138-27 Requirements for Administrative Relief- (1) if an applicant for an allocation award: a. Whose application has been denied an allocation award for four (4) successive years in the Permit Allocation System, and fails to receive an allocation award, said applicant may apply to the board for administrative relief pursuant to the terms and conditions set forth herein; and b. Whose proposed development otherwise meets all applicable county, state, and federal regulations; and c. Whose allocation application has not been withdrawn; and d. Who has complied with all requirements of the Permit Allocation System; and e. Applicant follows procedures for administrative relief contained in the land development regulations. (2) An application for administrative relief shall be made on a form prescribed by the Director of Planning and may be filed with the Director of Planning no earlier than the conclusion of the fourth annual allocation period and no later than one hundred eigh1y_(180) dil s following the close of the fourth annual allocation period. (3) Upon filing of an application for administrative relief, the Director of Planning shall forward to the board all relevant files and records relating to the subject applications. Failure to file an application shall constitute a waiver of any rights under this section to assert that the subject property has been taken by the county without payment of just compensation as a result of the dwelling unit allocation system. (4) Upon receipt of an application for administrative relief, the board shall notice and hold a public hearing at which time the applicant will be given an opportunity to be heard. (5) The board may review the relevant applications and applicable evaluation ranking, taking testimony from county staff and others as may be necessary and hear testimony and review documentary evidence submitted by the applicant. (6) At the conclusion of the public hearing, the board may take the following actions: a. Offer to purchase the property at fair market value as the Board of County Commissioners preferred action if the property is located within: 1) a designated Tier I area; 2) a designated Tier 11 area (Big Pine Key and No Name Key); 3) a designated Tier III -A area (Special Protection Area); or 4) a designated Tier III area on a non -waterfront lot suitable for affordable housing. "Fair market value" shall be an amount which is no less than ad valorem valuation in the Monroe County Real Property Tax roll for the year 1992. b. Permit the minimum reasonable economic use of the property. "Minimum reasonable economic use" means; as applied to any residentially zoned lot of record, which was buildable immediately prior to the effective date of the Plan, no less than a single-family residence. c. Suggest such other relief as may be necessary and appropriate. (7) Limits on administrative allocations per quarter: The number of allocations that may be awarded under administrative relief in any one quarter shall be no more than fifty percent of the total available market rate allocations available in a quarter for that subarea. Any allocations in excess of fifty percent shall be extended into the succeeding quarter or quarters until the number of such allocations is fifty percent or less of the total number of market rate allocations available to be awarded. Page i of? 1d--. w%vauve RAd AppUcmron olo? 2[m - --- - ---- - -------- ....... ... ..... ... ... ... RECEIPT RUM 19 ER r .......... 1-34iii PLECEIPT DA'T'E:;00! ­36'/12/2 010 STATUS .!;o ....... . . . .................... . .... BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 16, 2010 Division: Growth Management Bulk Item: Yes _ No X Department: Planning and Env. Resources Staff Contact/Phone #: Tiffany Stankiewicz 289-2513 Michael Roberts 289-2502 AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for Native Rental Properties LLC on Lot 3, Block 1, Revised Plat of Sunrise Point, Key Largo, Real Estate Number 00484410.000000. ITEM BACKGROUND: A building permit was applied for on 5/23/2005 and a ROGO application was applied for on 7/13/2005. The applicant applied for administrative relief on 10/14/2009 and is within the allowable time frame to be eligible for administrative relief under Section 138-27 of the Monroe County Code. Staff recommends that administrative relief be awarded in the form of a purchase offer by the Monroe County Land Authority. The property is in Tier 3-A (Special Protection Area) and is not on the list for re -consideration of a tier designation. The property is on the FEMA Injunction List. As of Quarter 2 Year 18 this application's market rate ranking was #194 out of 217 applications in the Upper Keys subarea. If the owner does not accept the offer provided by the Land Authority, the property remains in ROGO. The application will continue to earn perseverance points pursuant to the vesting provision for applications in the ROGO system prior to the effective date of Ordinance 09-2006. After the application has been in ROGO 5 years, it will begin earning 2 perseverance points per year for each year thereafter that the application remains in the ROGO system. The applicant may amend the ROGO application to increase points through land dedication or purchasing points. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval in the form of a purchase offer by the Monroe County Land Authority. TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes N/A No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management N/A DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: Monroe County Board of County Commissioners From: Tiffany Stankiewicz, Development Administrator Michael Roberts, CEP; PWS, Sr. Administrator EO i onmental Resource &V Through: Townsley Schwab, Director of Planning & Environmental Resources Date: May 24, 2010 Subject: Request for Administrative Relief for Native Rental Properties LLC Lot 3, Block 1, Revised Plat of Sunrise Point, Key Largo, Real Estate No. 00484410.000000 I. BACKGROUND The applicant is eligible for Administrative Relief, has complied with all requirements of the dwelling unit allocation system, has been considered in the first sixteen consecutive quarterly allocations and has not received an allocation award. Date Entered ROGO: 7/13/2005 Date Entered Administrative Relief: 10/14/2009 Tier Score: 24 Tier 3-A: 20 Perseverance: 4 This application was ranked #194 in Quarter 2 Year 18. H. CURRENT CONDITIONS Location: Lot 3, Block 1, Revised Plat of Sunrise Point, Key Largo, Real Estate No. 00484410.000000 Owner: Native Rental Properties LLC Land Use District: Improved Subdivision (IS) Tier: 3-A Page 1 of 3 05302669 ApplicantlAgent: Jacquelyn Ekblom FLUM: Residential Medium (RM) Reviewed by � t,-- I Habitat: Hammock 2 3 Property is on the FEMA Injunction list and is not under review by the Tier Designation 4 Review Commission. 5 6 2009: Total Assessed Value: $8,870 Purchase Price in 2006: $20,000 7 8 Additional Relevant Information: 9 The property is located in Tier 3-A which has a low quality hammock with documented Black 10 Ironwood (regionally important) and Mahogany (state listed as endangered) mixed with 11 approximately 30 percent exotic vegetation based on the staff site visit to the property. The site 12 is within a two acre hammock community which connects to another hammock area. 13 Additionally, some trash and debris exist on the property that would need to be removed. The 14 property to the north is a large tract of land minimually developed. The properties to the east, 15 west, and south are undeveloped. 16 17 III. LEGAL ELIGIBILITY AND OPTIONS 18 19 Eligibility for Administrative Relief Options: 20 Section 13 8-27 of the Monroe County Land Development Regulations and Policy 101.6.1 of the 21 2010 Comprehensive Plan provides a mechanism whereby an applicant who has not received an 22 allocation award in the ROGO system may apply to the Board of County Commissioners for 23 Administrative Relief. The applicant is eligible for Administrative Relief having complied with 24 all requirements of the dwelling unit allocation system and having been considered in at least the 25 first sixteen consecutive quarterly allocation periods, and not having received an allocation 26 award. The application was timely submitted for administrative relief in the form of one (1) 27 ROGO allocation award and the applicant has not expressed a desire to sell the property to the 28 County. 29 30 Relief Options under Administrative Relief: 31 The remedies available to the Board of County Commissioners for Administrative Relief 32 pursuant to Section 138-27 include: 33 34 a. Offer to purchase the property at its fair market value as its preferred action if the 35 property is located within: a) a designated Tier I area; b) a designated Tier Il area 36 (Big Pine Key and No Name Key); c) a designated Tier III -A area (Special 37 Protection Area); or d) a designated Tier III area on a non -waterfront lot suitable 38 for affordable housing. 39 b. Grant the applicant an allocation award for all or a number of dwelling units 40 requested in the next succeeding quarterly allocation period or extended pro rata 41 over several succeeding quarterly allocation periods as the preferred action for 42 buildable properties not meeting any of the criteria in (1) above. 43 c. Suggest or provide such other relief as may be necessary and appropriate. 44 Page 2 of 3 Reviewed by 05302669 1 2 3 4 5 b 7 S 9 10 In the event purchase is recommended and the owner refuses the purchase offer, the applicant may remain in the ROGO System and continue earning perseverance points according to Monroe County Code Section 138-28. IV. RECOMMENDATION It is recommended that the Board of County Commissioners find that the applicant has met the criteria and qualifies for Administrative Relief It is further recommended that a Resolution be adopted that establishes this relief by an offer to purchase by the Monroe County Land Authority. Page 3 of 3 05302669 Reviewed by 5S 0� ! 1do . .41 } h . j 464 4016 kuse by the Monme County Growth Management Dhdsion only The date contained heroin of boundaries parcels, roads *i Gis not a Is gal repasentallon ti :.e'� w.. may_ .+i• AILXl- UT1 Al, zir Alk w .IPA OL 7i 21 , JQ 97. K r 4E IF IL If ' � ,r � • . r� � ''Al , AIM _ Y_� .' - k q4 p t i ■ r Vli Id � w� � J4 ,14F� 7 'fir 4 +w":, * r •+ I'I' ., - �_ Y' ri, �. ? r � ` i.�f .+ , � i }�, i1+ — Y, . r,s�'r'��kf� �k •+'lw�' _ � .� r �'ti kr a � `rjj : j.t .. ... :r 'k4 ._ _ 'r" wr iy, ' — J�is +;' i'-•'Y'�,—''{� �F'.�i--- }4•+��' [ �j- � �f_j�� rr -��� • ±� \_' .�. _ 4 lY } 4l �ti r} di{yf •. r � � �yiy' ; �RL I — . i-..— Al IF Al fk r `�� 3-+'f� � � sr __ . • �' r r �• ` f`< 1. Y4 , �r' � � } IF '� ' '�` t�'A RESOLUTION NO. —2010 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY NATIVE RENTAL PROPERTIES LLC ON PROPERTY DESCRIBED AS LOT 3, BLOCK 1, REVISED PLAT OF SUNRISE POINT, KEY LARGO, RE # 00484410.000000 IN THE FORM OF A PURCHASE OFFER FROM THE MONROE COUNTY LAND AUTHORITY. WHEREAS, Native Rental Properties LLC submitted an application for administrative relief under Sec. 138-27 of the Monroe County Land Development Regulations; and WHEREAS, the Monroe County Board of County Commissioners makes the following findings of fact and conclusions of law: 1. The application for administrative relief from Native Rental Properties LLC is for Lot 3, Block 1, Revised Plat of Sunrise Point, Key Largo in Monroe County, Florida having RE# 004844 10. 000000. 2. The date of the ROGO application is 7/13/2005. 3. The ROGO allocation application has been in the ROGO system for at least four (4) consecutive years and qualifies for administrative relief under Policy 101.6.1 of the Monroe County Year 2010 Comprehensive Plan. 4. Monroe County Code (MCC) Section 138-27 provides a mechanism whereby an applicant who has not received an allocation award in ROGO may apply to the Board of County Commissioners for administrative relief. 5. The Board of County Commissioners (BOCC) has the authority to grant administrative relief under Section 138-27(f) and may grant the applicant a building allocation, offer to purchase the property at fair market value, or provide such other relief as may be necessary and appropriate. 6. The applicant applied for administrative relief on 10/14/2009, under Section 138-27 of the MCC and Policy 101.6.1 of the 2010 Comprehensive Plan. 7. Policy 101.6.5 of the 2010 Comprehensive Plan provides criteria to be used for determining lands that are appropriate for acquisition and the criteria includes the environmental sensitivity of the vegetative habitat on the lot and the applicable Tier designation. ADMims-rRATIVE RELIEF RESOLUTION Page 1 of 2 RE# 004= ; 410.( MOO 03 +QZr,69 8. The subject property has the land use district designation of Improved Subdivision (IS), is located in the Revised Plat of Sunrise Point Subdivision and is located in a Tier 3-A designated area. 9. Monroe County Code (MCC) Section 138-27(f) states the Board may offer to purchase property at its fair market value as the preferred action for property located within Tier 3-A. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to Native Rental Properties LLC, for Lot 3, Block 1, Revised Plat of Sunrise Point Subdivision, Key Largo in the form of a purchase offer by the Monroe County Land Authority. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 16th day of June, 2010, Mayor Sylvia J. Murphy Mayor Pro Tem, Heather Carruthers Commissioner Mario Di Gennaro Commissioner George Neugent Commissioner Kim Wigington BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK Mayor Sylvia J. Murphy MONROE COUNTY ATTORNEY AP %E0 $S TO FORM Oats:eg AmFNISTRATm RELIEF RESOL', TION Page 2 of 2 RE# €04K44100(g)(0) )5102669 Property Search -- Monroe G i sty Property Appraiser Page 1 of 4 Ervin A. Higgs, CFA Property Appraiser Monroe County, Florida Property Record View Alternate Key: 1594024 Parcel ID: 00484410-000000 Ownership Details Mailing Address: NATIVE RENTAL PROPERTIES LLC 154 FONTAINE DR TAVERNIER, FL 33070 Property Details office (305) 292-3420 fax (305) 292-3501 PC Code. 00 - VACANT RESIDENTIAL Millage Group: 500K Affordable No Housing: Section -Township 13-62-38 -Range: Property Location: 1029 SNAPPER LN KEY LARGO Subdivision: SUNRISE POINT REV Legal Description: BK 1 LT 3 REVISED PLAT OF SUNRISE POINT KEY LARGO PB3-11 OR473-1921193 OR815-1661D/C OR815-1664 OR847-2311 OR102947D/C OR1029-49 OR1276-1723 OR1339-1986 OR1879-922/923 OR2249-1267 http:i,--'www.mcpafl.org/PropSearch.aspx 4/14/2010 Property Search -- Monroe G ty Property Appraiser Page 2 of 4 Parcel Map Land Details Land Use Code Frontage Depth Land Area M10D - RESIDENTIAL DRY 60 112 6.720 00 SF Building Summary Number of Buildings: 0 Number of Commercial Buildings: 0 http://www.mcpafl.org/PropSearch.asax W t ar7nt n Property Search -- Monroe G sty Property Appraiser Page 3 of 4 Total Living Area: 0 Year Built: 0 Parcel Value History Certified Roll Values, View Taxes for this Parcel. Roll Year Total Bldg Value Total Misc Improvement Value Total Land Value Total Just (Market) Value Total Assessed School Exempt School Taxable Value Value Value 2009 0 0 10,080 10.080 8,870 0 10.080 2008 0 0 8,064 8,064 8,064 0 8.064 2007 0 0 13,440 13.440 13,440 0 13,440 2006 0 0 13,440 13,440 13.440 0 13,440 2005 0 0 13,440 13,440 13,440 0 13,440 2004 0 0 13,440 13.440 13,440 0 13,440 2003 0 0 11.357 11,357 11.357 0 11.357 2002 0 0 11.357 11,357 11,357 0 11.357 2001 0 0 11,357 11,357 11,357 0 11,357 2000 0 0 11,357 11.357 11,357 0 11,357 1999 0 0 11.357 11.357 11,357 0 11,357 1998 0 0 11,357 11,357 11,357 0 11,357 1997 0 0 11,357 11,357 11,357 0 11.357 i 1996 0 0 11.357 11.357 11.357 0 11,357 1995 0 0 11,357 11,357 11,357 0 11,357 1994 0 0 13,440 13,440 13.440 0 13,440 1993 0 a 13.440 13.440 13,440 0 13,440 1992 0 0 13,440 13.440 13,440 0 13,440 1991 0 0 13,440 13,440 13,440 0 13,440 1990 0 0 8,736 8.736 8,736 0 8,736 1989 0 0 8.736 8,736 8736 0 8,736 1988 0 0 8,736 8,736 8,736 0 8,736 1987 0 0 8.736 8 736 8,736 0 8,736 1986 0 0 8.736 8.736 8.736 0 8.736 1985 0 0 8.736 8 736 8,736 0 8.736 1984 0 0 8 736 8.736 8,736 0 8.736 1983 0 0 7.315 7.315 7315 0 7 315 1982 0 0 5.752 5 752 5.752 0 5.752 Parcel Sales History NOTE. Sales do not generally show up in our computer system until about two to three months after the date of safe. If a recent sale does not show up in this list, please allow more time for the sale record to be processed. Thank you for your patience and understanding Sale Dale Official Records Book/Page Price Instrument Qualifcallon http://www.mcpafl.org/PropSearch.aspx 4/ I4/20I0 Property Search -- Monroe C 'Ity Property Appraiser" Page 4 of 4 10/2612006 2249 / 1267 20.000 WD 411512003 1879/0922 10,000 WD Q 111Y1995 1339/1986 8.000 WD K 1011//993 127611723 8,000 WD u 1011/1987 1029 / 49 10,000 WD Q 111/1982 84712311 9.500 WD Q 5/1/1980 81511664 40 WD u This page has been visited 129,104 times. Monroe County Property Appraiser Ervin A. Higgs, CFA P.O. Box 1176 Key West, FL 33041-1176 http:iiwww.mcpafl.org/PropSearch.aspx 4/14/2010 www.sunbiz.org - Departzl of State i Page 1 of 2 Home Contact Us E-Filing Services Previous on List Next on List Return To List Events No Name History Detail by Entity Name Florida Limited Liability Comoan NATIVE RENTAL PROPERTIES, LLC Filing Information Document Number L04000064314 FEVEIN Number WA Date Filed 08/30/2004 State FL Status ACTIVE Last Event CANCEL ADM DISS/REV Event Date Filed 09/06/2006 Event Effective Date NONE Principal Address 100 WRENN ST TAVERNIER FL 33-070+ Changed 03/19/2007 Mailing Address 100 WRENN ST TAVERNIER FL 33-070+ Changed 01/08/2009 Registered Agent Name & Address EKBLOM, BRETf 154 FONTAINE DR. TAVERNIER FL 33070 US Name Changed: 03/19/2007 Address Changed: 01/08/2010 Manager/Member Detail Name & Address Title PRES EKBLOM, BRETT P 154 FONTAINE DR. TAVERNIER FL 33070 US Annual Reports Report Year Filed Date 2008 01 /07/2008 Document Searches Forms Help Entity Name Search Submit www.sunbiz.org - DepartmOODf State Page 2 of 2 2009 01/08/2009 2010 01 /08/2010 Document Images 01 0812010 ANNUAL REPORT View image in PDF format fl1:C,8i2009 ANNUAL REPORT View image in PDF format 01:07i2008 ANNUAL REPORT View image in PDF formal 0219112007 ANNUAL REPORT View image in PDF format 09i06i2006 REINSTATEMENT C View image in PDF format 08,30I2004 Florida Limited Llabllit I View image in PDF format Note. This is not official record. See documents if question or conflict. Previous on List Next on List Return To List Entity Name Search Events No Name History I Submit i' Conrad w; I Ug Ufftkilt SFar�ltes { C Filirtq Servires I Forms � ''r :} t-ooyrioht and f nWILY POW'ft'S "t}Iayr�gFtr 1007 St,tkr of Flltdda. Dzpavtment of SCaCc. Monroe County-Taxes.com r Page 1 of 1 f Help teeet Estate Aoegeats Roll Tax Statue DIPS Roll Year. 2009 Class Value: 0 Bills 2009 2009 Met: Pald-in-full Tax Year: 2009 Just Value: 10,080 Catlrieatm 2008 2008 Acct: Paid-In-U Account Number: 1594024 Schad Assessed Value: 10,080 Report 2007 2007 Acct. Paid -In -full « " a 2006 2006 Acct: Paid-In-M Parcel Number: 00484410000000136238 Assessed Value: Exemptlon Value: 8,870 0 Badme eatae�aTax 2005 2005 Acct: Paid -in -full NUNW Code: 500K Taxable Value; 8,870 �o�� Cart 2004 2004 Acct: Paid -In -full Cat: Redeemed CertHkd Rao Owner(s): NATIVE RENTAL PROPERTIES LLC Ad Valorem: �2.89 2003 2003 Aect: Pail -in -full 154 FONTAINE DR Non -ad �b�; $0•00 Oelq Advertised TAVERNIER, FL 33070 Total Tax: $92.89 2002 2002 Acct: Paid-In-fuU Situs Address: 1029 SNAPPER LN, » Delq Advertised KEY LARGO 2001 2001 Acct: Paid-4n-fu0 2000 2000 Acct: Pald-In-fall 1999 1999 Acct: Paid-ln-fu0 1993 1998 Acct: Paid-k-full Delq Advertised Total Due: $0.00 1SW24 i (a.¢ Smfth 7obn) (". 122 Main St) Tax Yr 1594024 NATIVE RENTAL PROPERTIES VACANT SNAPPER LN KEY 2008 LLC LARGO 1594024 NATIVE RENTAL PROPERTIES 1029 SNAPPER LN KEY 2009 LLC LARGO Search result: as of less than a mUnte ago 11- 12 « CoPyrk t ® 1997-2010, Grant Street Group. All rlgft reserved. P�Way ' Sglwmr L1sl lP https://www,monroe,county-taxes.com/tcb/app/re/accounts 5/5/2010 DANISE D. HENRIQUEZ, C.9 COUNTY MONROE TAX COLLECTOR 2009 Reif Esglts 1594024 NATIVE RENTAL PROPERTIES LLC 154 FONTAINE DR TAVERNIER, FL 3W70 SOOK 004WI W00000136238 1029 SNAPPER LN SK 1 LT 3 REVISED PLAT OF SUNRISE POINT KEY LARGO PB3-11 OR473_19VI93 OR815-1861 DIC OR815.16S4 OR847-2311 OR1029-47DJC OR1029-49 OR1276-1723 OR1339-19M OR187949221523 OR2249-1287 SCHOOL STATE LAW 1.6880 10,080 0 10,080 17.02 SCHOOL LOCAL BOARD 1.6890 10,000 0 10,080 17.13 GENERAL REVENUE FUND 1.0775 8.870 0 8,870 9.58 F&F LAW ENFORCE JAIL JUDICIAL 1.97W 8,870 0 8,870 17.55 HEALTH CLINIC 0.0276 8,870 0 8,870 0.24 GENERAL PURPOSE MSTU 0.2334 8,870 0 SA70 2.07 FLORIDA KEYS MOSQUITO CONTROL 0.4282 8,870 0 8,870 3.78 M C LOCAL ROAD PATROL LAW ENF 0.3517 8.870 0 8.870 3.12 SO FL VYATER MANAGEMENT DIST 0.2549 8,870 0 8,870 2.28 OKEECHOBEE BASIN 0.2797 8,870 0 8.870 2.48 EVERGLADES CONSTRUCTION PRJT 0.0894 8,870 0 8,870 0.79 K L FIRE RESC & EMERG MEDICAL 0.7758 8,870 0 8,870 8.89 701 AL RUJ AGE 8.8828 AD W.OREN MUM $82.80 OOMENNED TAXES ANDASSESSMEMS I ie2.89 ie aft for krqxwwtff Received By May 28, 2010 Jun 30, 2010 Jul 30, 2010 Please Pay i0.Q0 $0.00 $0.00 DANISE D. HENRIQUEZ7 C.F.C. 2009 Real Esbfb MONROE COUNTY TAX COLLECT NOTICE OF AD VALOREM TAXES AND NON -AD VALOREM ASSESSMENTS 0048441000D000136238 NATIVE RENTAL PROPERTIES LLC 1029 SNAPPER LN g 154 FONTAINE DR TAVERNIER, FL 33070 SK 1 LT 3 REVISED PLAT OF SUNRISE POINT KEY LARGO PB3-11 OR473-1921193 OR815-1881 DIC OR815-1664 ORS47-2311 OR1029-47DIC OR102"9 OR1275-1723 OR1339-1986 OR1879422I923 OR2249-1287 CHECKS ON U.S. BANKS ONLY TO DAN= OL HENF40UEZ C.F.0 TAX COLLECTOR P.O. BOX 1129, KEY WEST, Ii L330414129 H Received By May 28, 2010 Jun 30. 2010 Ad 30, 2010 Please Pay $0.00 $0.00 $0.00 Paid 11/12/2009 Remipt0 314-09-00000096 $79.57 PAID BY ... r 00484400-000000 004s44104000006 00484420-000000 ADMINISTRATIVE RELIEF APPLICATION Administrative Relief fee: $1.011100 p Property Owner's Name: �� 1 Ur- ICEJN7-A� ��` G�C� T/ ��� - C� Property Owner's complete mailing address: / J�7 / OAI 33 r� 7 0 Phone: e3 0 S— 'j- / Fax: Agent's Name: Agent's complete mailing address: Phone: 5'�'1}'1 L, Fax: S'L (Please attach a statement authorizing representation of this application by someone other than yourself. The statement should read: 1, (owner's name) authorize (individual you are authorizing to represent you) to represent my property for this application for Administrative Relief' Subdivision is ( f) rim 5 f-✓ 7- PROPERTY DESCRIPTION: Lot 13 Block Key (island): Street A� MM: RE: U� IJmetes and bounds, attach legal description on separat s eet. T- Permit Application #:ds- 3 C) - ,Z 6 6 Date of most recent ROGO application: / What kind of administrative relief are you seeking? NOTARY: STATE OF FLORIDA COUNTY OFtTQ Applicant's Signature The foregoing signature was acknowledged before me this LLLday of CC ,20QR . $y_1?f e-' r L-- L4d a)'A (PRINT NAME OF PERSON SIGNING) as identification. M ommiss'on x i Signature of Not P blic, State of Florida j1personally known to m—ejor produced LISA13ETH M HEIRONIMUS MY COMMISSION # DD852972 EXPIRES January 20, 2013 TO BE COMPLETED BY STAFF- DATE: iv 0 ' PERMIT # ON — 30 3-� PAP 2 ur2 A6ninwnwne RclidAppliulim 002 3004 SOLD PROPERTY (TRANSFER 0 F ROGOIBUILDING PERMIT APPLICATION RIGHTS) I, Richard Riehl, sold Lot 3 Bk 1, Subdivision Rev.Plat Sunrise Pt., Key: Key Largo Key Re:00484410-000000) The new owner, Native Rental Properties. LLC has all rights to ROGO and Building Permit Applications #05-30-2669. Please send all original documentation to new property owner regarding ROGO to: Native Rental Properties, LLC 100 Wrenn St. Tavernier, Florida 33070 Phone: 305-852-3116 Attached is a copy of the recorded deed transferring ownership. / Date: 7//,a —7 Sellers Name: Richard Riehl Svnm to and subscribed to before me this `{P day of a4�/'2007, personally kno�an /has produced as identification and who di (di no at. Notary Public UELYNrE My Commission Expires: 0. =�►oass2r6��: % O OJVD0552769 • oa —A Daci 1811091 11/03/2M 11;1W Flied i Recorded in official Records of ?IONM CDUWy DANN1f L. KOLKIM THIS INSTRUMENT PREPARED BY AND RETURN TO: Carla L. Baas Cad Reef Te11e Compmy 11 /63/2905 11:1 OMr PO Bm31a OEM DOC STNO CL: RHOIIR SUOA0 IrlarnondR FL 33036 Property Appraisers Parcel Identification Numbers: 1394M Do" 1611091 Skil 2249 Pop 1267 Spaee Above The Line For Recce__, -- Claaing fik R 2040% T-418 WARRANTY DUA made the 26th day of October, 2006 by Richard Rich1, an unmarried man, herein called the grantor, to Native Rental Properties, LLC, A Florida Limited Liability Company whose post office address is 136 South Hammock Rd, islamorads, FL 33036, hereinafter called the Grantee: (Whereaer rued herein the urau granlar' and "grnrmre+ irclade all the parties to this prt0ownt and the heirr, legal represenratiwr and arslgar of bahwdua►r, and the sawcmora and arstgru of ew poradow) W I T N E S S E T H: That the grantor, for and in consideration of the sum of TEN AND 00/1 WS (S 10.00) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargaial, sells, aliens, remises, releases, conveys and confirms unto the grantee all that cartaitl land situate in MONROE County, State of Florida, viz.: Lot 3, Block 1, REVISED PLAT OF ,SUNRISE POINT, aoeordlag to the Plat thereof, as recorded in Plat Book 3 at Page I I of the Public Records of Monroe Cosaty, Florida. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND, the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fa simple; that the grmrtor has good right and lawful authority to sell and convey said land, and hereby warrarm the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing Slrbmiucat to December 31. 20W. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed. sealed and delivered in the m ,a . eP Richard Riehl PO Box $53, Tavemier, FL 33o70 f Cd STATE OF FLORIDA COUNTY OF MONROE The eN was acknowledged before me this 26th day of October, 2006 by Richard Rich] who is rsonally Imo me or has produced as identification. SEAL Nor wmic Cub L Bahn G BAtal N myPalo • Sms of �^�a rrmtiteFudd Camapn a M N13A0Y, Printed Notary Name 110to E Coulm OFFICIAL PUBLIC RECORD MONROE COUNTY ***LIVE*** Item 1 of 1 PERMIT RECEIPT OPERATOR: baumanb COPY # 1 Sec:13 Twp:62 Rng:38 Sub: Blk: Lot: RE: 00484410000000 DATE ISSUED.......: 10/14/2009 RECEIPT #.........: 128873 REFERENCE ID # ...: 05302669 SITE ADDRESS .....: BK1 LT3 SUNRISE POINT SUBDIVISION ...... CITY .............. IMPACT AREA ...... OWNER RIEHL RICHARD ADDRESS PO BOX 853 CITY/STATE/ZIP ...: TAVERNIER, FL 33070 RECEIVED FROM ....: NATIVE RENTAL PROPER CONTRACTOR ........ LIC # *OWNER* COMPANY ..........: RIEHL RICHARD ADDRESS .......... PO BOX 853 CITY/STATE/ZIP ...: TAVERNIER, FL 33070 TELEPHONE ........: FEE ID UNIT QUANTITY ---------- AMOUNT PD-TO-DT THIS REC NEW BAL B- A PLAN FLAT RATE 1.00 ---------- 100.00 ---------- 0.00 ---------- 0.00 ---------- 100.00 B- 0 EDUC FLAT RATE 1.00 2.00 0.00 0.00 2.00 B- 2B APPL FLAT RATE 1.00 750.00 750.00 0.00 0.00 B- 3 BLDG SQ FT 1,224.00 325.00 0.00 0.00 325.00 B- BIO EDU FLAT RATE 2.00 4.00 0.00 0.00 4.00 B-11A LIST EACH 1.00 100.00 0.00 0.00 100.00 B-21A FILL CUBIC YARDS 38.00 15.00 0.00 0.00 15.00 B-21B FILL FLAT RATE 1.00 80.00 0.00 0.00 80.00 B-22B L/C FLAT RATE 1.00 35.00 0.00 0.00 35.00 B-22C L/C UNITS 1.00 35.00 0.00 0.00 35.00 BI-MITIGAT FLAT RATE 1.00 2090.00 0.00 0.00 2090.00 E- 0 EDUC FLAT RATE 1.00 2.00 0.00 0.00 2.00 E- 3A OUT SQUARE FEET 1,176.00 120.00 0.00 0.00 120.00 E- 3B OUT EACH OUTLET 3.00 30.00 0.00 0.00 30.00 E- 3C OUT EACH FIXTURE 1.00 10.00 0.00 0.00 10.00 E- 4A SERV TEMP SERVICES 1.00 50.00 0.00 0.00 50.00 E- 4B SERV SERVICES 1.00 50.00 0.00 0.00 50.00 E- 4J SUB SERVICES 1.00 50.00 0.00 0.00 50.00 E- 5A MOTO MOTORS 2.00 100.00 0.00 0.00 100.00 E- 9B A/C SYSTEMS 1.00 50.00 0.00 0.00 50.00 E-13 LOW R SYSTEMS 2.00 100.00 0.00 0.00 100.00 LDR 1-SFR FLAT RATE 1.00 75.00 0.00 0.00 75.00 M- 0 EDUC FLAT RATE 1.00 2.00 0.00 0.00 2.00 M- 2 2A/C SYSTEM 1.00 65.00 0.00 0.00 65.00 M- 3 DUCTW DROPS 14.00 140.00 0.00 0.00 140.00 P- 0 EDUC FLAT RATE 1.00 2.00 0.00 0.00 2.00 P- 2 FIXTU UNITS 11.00 165.00 0.00 0.00 165.00 P- 3A SEWE PER CONNECTIO 1.00 50.00 0.00 0.00 50.00 MONROE COUNTY ***LIVE*** Item 1 of 1 PERMIT RECEIPT OPERATOR: baumanb COPY # : 1 Sec:13 Twp:62 Rng:38 Sub: Blk: Lot: RE: 00484410000000 DATE ISID.......: 10/14/2009 RECEIPT #.........: 128873 REFERENCE ID # ...: 05302669 SITE ADDRESS .....: BK1 LT3 SUNRISE POINT SUBDIVISION ...... CITY .............. IMPACT AREA ....... OWNER RIEHL RICHARD ADDRESS PO BOX 853 CITY/STATE/ZIP TAVERNIER, FL 33070 RECEIVED FROM ....: NATIVE RENTAL PROPER CONTRACTOR ........ LIC # *OWNER* COMPANY RIEHL RICHARD ADDRESS .......... PO BOX 853 CITY/STATE/ZIP ...: TAVERNIER, FL 33070 TELEPHONE ........ FEE ID UNIT ------------- QUANTITY ---------- AMOUNT PD-TO-DT THIS REC NEW BAL P- 3B SITE DOLLARS 1,000.00 -------------------- 50.00 0.00 ---------- 0.00 ---------- 50.00 P- 6 APIPE CONNECTIONS 1.00 20.00 0.00 0.00 20.00 P- 6 DPIPE DOLLARS 5.00 60.00 0.00 0.00 60.00 R- 0 EDUC FLAT RATE 1.00 2.00 0.00 0.00 2.00 R- 9A ROOF SQUARE FEET 791.00 50.00 0.00 0.00 50.00 RADON/NEW SQUARE FOOTAG 1,176.00 5.88 0.00 0.00 5.88 RECOV/NEW SQUARE FOOTAG 1,176.00 5.88 0.00 0.00 5.88 ROGO FLAT RATE 1.00 200.00 200.00 0.00 0.00 ZONING-032 FLAT RATE 1.00 1011.00 0.00 1011.00 0.00 TOTAL PERMIT ----- ---------- 1404.76 200.00 ---------- ---------- 1011.00 193.76 METHOD OF PAYMENT AMOUNT -------- NUMBER CHECK ---- 1011.00 ------------------ 3057 - BOA TOTAL RECEIPT : 1011 00 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 16, 2010 Division: Growth Management Bulk Item: Yes _ No X Department: Planning and Env. Resources Staff Contact/Phone #: Tiffany Stankiewicz 289-2513 Michael Roberts 289-2502 AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for Thomas Carl & Judy Michelle Rothdeuthsch, on Lot 14, Block 1, Torchwood West Unit One, Big Torch Key, Real Estate Number 00243621.001400. Applicant requests a continuance to July 21, 2010 BOCC in Key West. ITEM BACKGROUND: A building permit was applied for on 2/2/2005 and a ROGO application was applied for on 3/15/2005. The applicant applied for administrative relief on 10/8/2009 and is within the allowable time frame to be eligible for administrative relief under Section 138-27 of the Monroe County Code. This application was ranked #85 in Quarter 1 Year 18. The site is on the FEMA injunction list. The site is within Tier I. Monroe County Code Section 138-27(f)(1) indicates purchase of Tier 1 lands as the preferred method for administrative relief. If the BOCC recommends purchase, the property owner may work with the Land Authority concerning purchase. If no purchase agreement is reached the property will remain in ROGO. Staff recommends that administrative relief be awarded in the form of a purchase offer by the Monroe County Land Authority. PREVIOUS RELEVANT BOCC ACTION: March 17, 2010 — BOCC asked for a continuance of this item to the June 16, 2010 BOCC meeting CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Mr. Rothdeuthsch requests this item be continued to the July 21, 2010 BOCC meeting since he has Jury Duty and is unable to attend the June I BOCC meeting. However, if this item is not continued by the BOCC then staffs' recommendation is approval in the form of a purchase offer by the Monroe County Land Authority. TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes N/A No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: N/A SOURCE OF FUNDS: NIA REVENUE PRODUCING: Yes _ No _ AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management N/A DOCUMENTATION: Included x Not Required DISPOSITION: AGENDA ITEM # MEMORANDUM MONROE COUNTY GROWTH MANAGEMENT DIVISION We strive to be caring professional and fair To: Board of County Commissioners From: Tiffany Stankiewicz Date: May 25, 2010 RE: Rothdeuthsch Administrative Relief This administrative relief application was heard by the BOCC on March 17, 2010. Lot 14, Block 1, Torchwood West Unit 1, Big Torch Keys is one of the parcels under review by the Tier Development Review Committee (TDRC). The original Tier designation of this site was Tier 1. The owner presented evidence at the hearing that the site was considered by the Special Magistrate when Mr. Rothdeutsch submitted an application for a boundary amendment to the Conservation and Natural Area (CNA) for this lot. On July 1, 2005, the Monroe County Special Magistrate recommended that the property be deleted from the Conservation and Natural Area boundary and that the County Commission look at deleting the entire unproved Subdivision (IS) subdivision from the CNA boundaries. The magistrate's recommendation, for all properties were never brought forward to the BOCC because the tier ordinances were adopted. A brief explanation is needed regarding the background on the adoption process to implement Goal 105 and Goal 205 of the Comprehensive Plan to guide development. On June 16, 2004, the BOCC adopted Ordinance 018-2004, designating the boundaries of the Conservation and Natural Areas and adopting an interim moratorium deferring ROGO and NROGO allocation in areas of two acres or greater containing tropical hardwood hammock or pinelands within any conservation and natural area until land development regulations and comprehensive plan amendments implementing the work program were drafted and adopted by the County Commission. It provided a procedure for processing amendments to the CNA boundaries. The purpose and intent of the Interim Moratorium Ordinance was to provide the county the opportunity to create a system of development rights and land uses that would implement Rule 28-20.100, F.A.C. and Goals of the 2010 Comprehensive Plan. Since the adoption of this ordinance the process to implement Goal 105 and Goal 205 has evolved. Generally speaking, most of what was considered CNA is now in Tier 1. In addition, the County applied to the State of Florida for the CNA boundaries to be included in the Florida Forever Boundary. Most of what was in the CNA boundary is now in the Florida Forever Boundary. Eventually, several proposals of the Tier System were presented before the BOCC. On March 15, 2006 the BOCC adopted the Tier Ordinances. This changed the evaluation process and gave guidelines for Tier 1 (Natural Areas) which were not necessarily the same as those for the CNA. The tier criteria were subsequently challenged. Now that the criteria have been finalized based on the Administrative Law Judge's determination and Final Order by DCA Secretary, this parcel has been designated for review by the TDRC. The TDRC preliminary recommendation is for Tier 1. Staff has offered the applicant the opportunity to wait for final determination and adoption of the Tier for this parcel through the upcoming public hearing process; however, the applicant has requested to hear a determination made by the BOCC for the administrative relief at the July 21, 2010 BOCC meeting. MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We stove to be eadfig, prefessioxal and fair To: Monroe County Board of County Commissioners From: Tiffany Stankiewicz, Development Administrato Michael Roberts, CEP, PWS; Sr Administrator dnmental Resource Through: Townsley Schwab, Director of Planning & Environmental Resources 75 Date: February 26, 2010 Subject: Request for Administrative Relief for Rothdeuthsch Lot 14, Block 1, Torchwood West Unit One, Big Torch Key, Real Estate No. 00243621.001400 1 1. BACKGROUND 2 3 The applicant is eligible for Administrative Relief, has complied with all requirements of the 4 dwelling unit allocation system, has been considered in the first sixteen consecutive quarterly 5 allocations and has not received an allocation award. 6 7 Date Entered ROGO: 3/15/2005 8 9 Date Entered Administrative Relief- 10/8/2009 10 11 Tier Score: 14 12 Tier 1: 10 13 Perseverance: 4 14 15 This application was ranked #85 in Quarter 1 Year 18. 16 17 11. CURRENT CONDITIONS 18 19 Location: Lot 14, Block 1, Torchwood West Unit One, Big Torch Key, 20 Real Estate No. 00243621.001400 21 22 Owner: Thomas Carl & Judy Michelle Rothdeuthsch Applicant/Agent: N/A 23 24 Land Use District: Improved Subdivision (1S) FLUM: Residential Medium (RM) 25 Page I of 3 Reviewed by 05100528 I Tier:1 2 3 Property is on the FEMA InJunction list 4 5 2009 Taxable Value: $30,600 Purchase Price In 2004: $75,000 6 7 Additional Relevant Information: 8 The property is located in Tier 1. The parcel is sparsely vegetated with natives and bounded by 9 vacant, sparsely vegetated properties to the north, south, and west. To the south and the east are 10 publicly owned lands. To the east the subject property is contiguous with a tropical hardwood 11 hammock over 50 acres in size. The Monroe County Protected Animal Species Map indicates 12 one (1) threatened or endangered animal in the subdivision. However the subject parcel is 13 adjacent to native habitats supporting six (6) or more listed species. 14 15 M. LEGAL ELIG®ILITY AND OPTIONS 16 17 Eligibility for Administrative Relief Options: 18 Section 138-27 of the Monroe County Land Development Regulations and Policy 101.6.1 of the 19 2010 Comprehensive Plan provides a mechanism whereby an applicant who has not received an 20 allocation award in the ROGO system may apply to the Board of County Commissioners for 21 Administrative Relief. The applicant is eligible for Administrative Relief having complied with 22 all requirements of the dwelling unit allocation system and having been considered in at least the 23 first sixteen consecutive quarterly allocation periods, and not having received an allocation 24 award. The application was timely submitted for administrative relief in the form of one (1) 25 ROGO allocation award and the applicant has not expressed a desire to sell the property to the 26 County. 27 28 Relief Options under Administrative Relief: 29 The remedies available to the Board of County Commissioners for Administrative Relief 30 pursuant to Section 138-27 include: 31 32 a. Offer to purchase the property at its fair market value as its preferred action if the 33 property is located within: a) a designated Tier I area; b) a designated Tier 11 area 34 (Big Pine Key and No Name Key); c) a designated Tier III A area (Special 35 Protection Area); or d) a designated Tier III area on a non -waterfront lot suitable 36 for affordable housing. 37 b. Grant the applicant an allocation award for all or a number of dwelling units 38 requested in the next succeeding quarterly allocation period or extended pro rate 39 over several succeeding quarterly allocation periods as the preferred action for 40 buildable properties not meeting any of the criteria in (1) above. 41 c. Suggest or provide such other relief as may be necessary and appropriate. 42 43 In the event purchase Is recommended and the owner refuses the purchase offer, the 44 applicant may remain in the ROGO System and continue earning perseverance points 45 according to Monroe County Code Section 138-28. Page 2 of 3 Reviewed by 05100528 1 2 3 4 5 6 7 8 9 10 IV, RECOMMENDAMN It is recommended that the Board of County Commissioners find that the applicant has met the criteria and qualifies for Administrative Relief. It is further recommended that a Resolution be adopted that establishes this relief by an offer to purchase by the Monroe County Land Authority. Page 3 of 3 05100529 Reviewed by rp 4o ,j L.. �\� �: )� "LX-JlLryU I { FRS YP ' L YF1 � 1 t AP i ' P. So. rym J r �k rt� •,1-�. .r.fq ..+.. !!fir �� r i r• r � . �ti tint 'L- i I I ��I f� 'li+l 1• III ' 'lil �jw ji� fi y 77 Environmental Resources This nW is for We by Me J i _ Ntilnoa ComV QmvAh � 77 Nfenspsment Maim oily The daft oonfalned hrain is not a bpi npawrtNon of handitrim, Parcels. medg right of nays or other Nuua.raNp�eMSDearhq p" tltta Per1Y Mr. ^ab vmew 1 1 i A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY THOMAS CARL St JUDY MICHELLE ROTHDEUTHSCH, ON PROPERTY DESCRIBED AS LOT 14, BLOCK 1, TORCHWOOD WEST UNIT ONE, BIG TORCH KEY, RE # 00243621.001400 IN THE FORM OF A PURCHASE OFFER FROM THE MONROE COUNTY LAND AUTHORITY. WHEREAS, Thomas Carl & Judy Michelle Rothdeuthsch, submitted an application for administrative relief under Sec. 138-27 of the Monroe County Land Development Regulations; and WHEREAS, the Monroe County Board of County Commissioners makes the following findings of fact and conclusions of law: 1. The application for administrative relief from Thomas Carl & Judy Michelle Rothdeuthsch, is for Lot 14, Block 1, Torchwood West Unit One, Big Torch Key in Monroe County, Florida having RE# 00243621.001400. 2. The date of the ROGO application is 3/15/2005. 3. The ROGO allocation application has been in the ROGO system for at least four (4) consecutive years and qualifies for administrative relief under Policy 101.6.1 of the Monroe County Year 2010 Comprehensive Plan. 4. Monroe County Code (MCC) Section 138-27 provides a mechanism whereby an applicant who has not received an allocation award in ROGO may apply to the Board of County Commissioners for administrative relief. 5. The Board of County Commissioners (BOCC) has the authority to grant administrative relief under Section 138-27(f) and may grant the applicant a building allocation, offer to purchase the property at fair market value, or provide such other relief as may be necessary and appropriate. 6. The applicant applied for administrative relief on 10/8/2009, under Section 138-27 of the MCC and Policy 101.6.1 of the 2010 Comprehensive Plan. 7. Policy 101.6.5 of the 2010 Comprehensive Plan provides criteria to be used for determining lands that are appropriate for acquisition and the ADIRaM%ATM RELW RSSOW'I'ION pop 1 d 2 REI 00243621.001400 05100528 criteria includes the environmental sensitivity of the vegetative habitat on the lot and the applicable Tier designation. 8. The subject property has the land use district designation of Improved Subdivision (IS), is located in the Torchwood West Unit One Subdivision and is located in a Tier 1 designated area. 9. Monroe County Code (MCC) Section 138-27(f) states the Board may offer to purchase property at its fair market value as the preferred action for property located within Tier 1. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to Thomas Carl & Judy Michelle RothdeutiLvA, for Lot 14, Block 1, Torchwood West Unit One Subdivision, Big Torch Key in the form of a purchase offer by the Monroe County Land Authority. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 17th day of M c 2010. Mayor Sylvia J. Murphy Mayor Pro Tem, Heather Carruthers Commissioner Mario Di Gennaro Commissioner George Neugent Commissioner Kim Wigington BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA M. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK Mayor Sylvia J. Murphy MONROE COUNTY TTORNEY APPR D A8 ORM + ADMD49MAme R8LMF RESOLUTION P.ge 2 d 2 RE# 00243621 001400 05100528 M. 4/52006 00222240000000 6/4/2006 00=30400000 8/412006 00222340-000000 7/28/2006 00222350-000000 MS/2006 00222370000000 61M2006 oa222380-00000D 826/2009 00245650400000 &26r2M 00245850-000100 7/14/2007 002458804000000 1/142008 00245900000000 4/182007 W248020-000000 31242008 00248000400000 10/202007 00248390400000 11/282007 00240390000000 9r292008 00250320400000 9129/2006 00250330400WO 20262006 00250400400000 MINIM 00250410400000 9/292006 00250420400000 WS2008 00250430400000 9/29/2008 002NO10.000M 9292008 00260620-000000 442000 00250ff91-003900 222/2006 00250680-000000 7/28/2006 00285380400000 5/32006 00319960-000000 5/32008 00319970.000 M 5132006 00320010-MM 5/3/2006 003200704)00000 5/32008 003200804)00000 5134000 00320090 000000 5/3/2008 00320130-000000 6/122007 00320481-000000 6/1202007 00320012-000000 3232006 00325300.00000O 3/23/2006 31232006 0032843D400000 2122/2006 00327140000000 4/5J2006 00327940-000000 4/18/2007 00328790-000000 11/28/2007 00328940-000000 W4009 003310614)00200 11/52006 00331061-001000 8/282009 00331081-013600 8J26/2009 00331001-016M 6113rM 00331001-017400 2/22/2006 00332180-000000 6MAN 00332170.000000 6/13/2008 003328004)00000 6113r2M 00332730.000000 8113/2006 003327404X)M 6/13/2006 00332760400000 Pancts Mnwv9d tron injundon 3(,,;Li" po l-f00 aS S�xx o, 1 �� r �a 01 d Page 5 00243621-001300 00243621-W1400 o {S4- 00243621-0015W 00243822-000100 Property Search -- Monroe c�ty Property Appraiser Page l of 4 Ervin A. Higgs, CFA Property e Appraiser office (305) 292-3420 Monroe County, Florida fax (305) 292-3501 Property Record View Altemate Key: 1310964 Parcel ID: 00243621-001400 Ownership Details Maiihrg Address: ROTHDEUTSCH THOMAS CARL AND JUDY MICHELLE 27410 W INDIES DR RAMROD KEY, FL 33042 Property Details PC Cods: 00 - VACANT RESIDENTIAL Millais &*up: 1001-8 Affordable No Section - Township. 134M-28 Range: 1�Wn: 810 TORCH KEY Subdhrislon: TORCHWOOD WEST UNIT 1 Legal SK 1 LT 14 TORCHWOOD WEST UNIT ONE BIG TORCH KEY PES-42 OR585-249 ORS61.799 OR991-2482 Description: OR1035-1907 OR1037-2213 CASE d88 IWI I-CFV-(iNW/JIMARSHAL OR1374-1071/74NAARSHAUlDEED OR1374-1075176STIP/SETMT OR1374-1079/80F/,I/MARSHICASE OR1432-1350C OR1943.2038J39 OR2027- 855 WCTT) httn://www.menafl_oro/PrnnRpA.,oh Acnv Properly Search -- Monroe C - Property Appraiser Page 2 of 4 Parcel Map Land Details Land Use Cods Frorifte Depth Land Area M10C - RESIDENTIAL CANAL 60 100 8,00000S Building Summary Number of Buildings: 0 Number of Commercial Buildings: 0 httn://www.mcrLgfl nru/PmnGarr h Property Search -- Monroe CQty Property Appraiser Page 3 of 4 Total UWng Ann: 0 Year Built: 0 Appraiser Notes 04 SALE INCLUDES AJOINING BAY BOTTOM - AK 1311499 Parcel Value History Certified Roll Values TaxesView for this Parcel. Roil Year Toed 8100 Value Taal MIeC Improvement Value TOW Land Value Toad .lust lYla*" Value Total Assessed School Exempt School Taxable Value Value Value 2009 2008 0 0 0 0 30,600 30,600 30.600 30,600 30,6w 30,6D0 0 0 30.600 30,600 2007 0 0 48.000 48,000 48,000 0 48,000 2006 0 0 48,000 48,000 48.000 0 48,000 2006 0 0 48.000 48.000 48,000 0 48.000 2004 2003 0 0 0 0 30,000 30,000 30,000 30.000 30.000 3a nm 0 n 30,000 an Am 2002 0 0 30,000 30,000 30,000 0 30,000 2001 0 0 30,000 30,000 30.000 0 30,000 2000 0 0 21,300 21.300 21,300 0 21.300 1999 0 0 21.300 21.300 21,300 0 21,300 1998 0 0 21,300 21,300 21.300 0 21.300 1997 0 0 21,300 21,300 21,300 0 21,300 1998 0 0 21,300 21,300 21.300 0 21,300 19" 0 0 24,000 24,000 24,000 24,000 0 19" 0 0 21,000 21.000 21,000 21,000 0 103 0 0 21.000 21,000 21.000 0 21,000 1992 0 0 18,180 18,180 18,180 0 18,180 1991 0 0 21,Oo0 21.000 21,000 0 21.000 1990 0 0 21.000 21,000 21,000 0 21.000 1989 0 0 13,200 13.200 13,200 0 13,200 1988 0 0 7,860 7,860 7.850 0 7.860 1987 0 0 10,500 10.5w 10.5m 0 10,5m 1986 0 0 10,500 10.500 10.500 0 10,500 1989 0 0 10,5w 10.5w 10,5m 0 10,5w 1984 0 0 10,5m 10,500 10.500 0 10,500 1993 0 0 10,500 10,5w 10.500 0 10,500 1982 0 0 6.021 5,021 8.021 0 6,021 http://www.mcoafl-ora/ProoSearch.A-.nx n y+ , " n i ft Property Search -- Monroe Cty Property Appraiser Page 4 of 4 Parcel Sales History NOTE Sales do not generally show up in our computer system until about two to three months after the date of sale. If a recent sale does not show up in this list please allow more time for the sale record to be processed. Thank you for your patience and understanding. OEM & m u r Recorc a s00W8W Price Isroaumant Qualllicatlon 7M412004 2027 1 0555 75.000 WD M 8MM996 1374/1071 20.000 WD M 12MM987 1035/1907 1 WD M 12MM987 1037 / 2213 1 YM M 1(M/19W 991 / 2482 1 WD M This page has been visited 99.291 tunes. Monroe County Property Appraiser Ervin A. Higgs, CFA P.O. Box 1176 Key West, FL 33041-1176 httn://www.mct)afl.or2/Prnn.parrh ecru .. r4 . - , M in %PPLIC'A 110N i U ADMP STRATIVE RELIEF APPLICATION Administrative Relief fee: S1,011.00 �"DY VhICNEt.LE Ro-r1JDF_vTSC j} Property Owner's Name: T E C Property Owner's complete mailing address: W EST 1 Nb, ES D Ri VF_ L O IF Phone: Fax: Agent's Name: �— Agent's complete mailing address: Phone: Fax: (Please attach a statement authorizing representation of this application by someone other than yourself: The statement should read: "I, (owner's name) authorize (individual you are authorizing to represent you) to represent my property for this application for Administrative Relief' PROPERTY DESCRIPTION: Lot _ I Block j Subdivision 'TaRcH waou WEST_ u w T e Al Key (island): IR i Gr MoRcli Street: _ . `!z a R tj MM RE: b o X� � l I -- o D 14 Do If metes and bounds, attach legal description on separate sheet Permit Application # Date of most recent ROGO application: 3 — 15 o 0s What kind of administrative relief are you seeking? ; Erg NOTARY: STATE OF FLORIDA d Applicant's Signature COUNTY OF biMadk&__ The foregoing signature was acknowledged before me this 1.�'_day of By 4,&gy _t-n 1 C H 15e_L R E V T_rC H (PRINT NAME OF PERSON SICMNG as identification. My commi • n Tres: Signature o blic, State of Florida TO BE COMPLETED BY STAFF- DATE; t0lflh n personally known to ri or produced 0m sew *" PON - aft a idf. IN cam & wwae V. Me Wammmwa fa 00 Man 9MWrA0WWN"AW Par 2 of2 AdMM WMLAV ItdWApp1iu1= 03WIM U *� M/0 OSz-Ir MONROE COUNTY ***LIVE*** Item 1 of 1 PERMIT RECEIPT OPERATOR: stankiet COPY # 1 Sec:13 Twp:66 Rng:28 Sub: Bik: Lot: RE: 00243621001400 DATE ISSUED.......: 10/08/2009 RECEIPT #.........: 128662 REFERENCE ID # ...: 05100528 SITE ADDRESS BK 1 LT 14 TORCHWOOD WEST SUBDIVISION ....... CITY.� ... ....... IMPACTAREA...... . OWNER ROTHDEUTSCH, THOMAS & JUDY ADDRESS 162 RAINBOW DRIVE PMB 6292 CITY/STATE/ZIP ...: LIVINGSTON, TX 77399 RECEIVED FROM TOM ROTHDEUTSDCH CONTRACTOR LIC # *OWNER* COMPANY ROTHDEUTSCH, THOMAS & JUDY ADDRESS .....: 162 RAINBOW DRIVE PMB 6292 CITY/STATE/ZIP ...: LIVINGSTON, TX 77399 TELEPHONE ......... --FEE ID UNIT --------- QUANTITY ---------- AMOUNT PD-TO-DT THIS REC NEW SAL 1-I F FLAT RATE 1.00 ---------- 105.00 ---------- 0.00 ----------------- 0.00 105.00 1-I L FLAT RATE 1.00 242.00 0.00 0.00 242.00 1-I P FLAT RATE 1.00 340.00 0.00 0.00 340.00 1-I R FLAT RATE 1.00 633.00 0.00 0.00 633.00 1-I S FLAT RATE 1.00 150.00 0.00 0.00 150.00 1-I W FLAT RATE 1.00 64.00 0.00 0.00 64.00 B- A PLAN FLAT RATE 1.00 0.00 0.00 0.00 0.00 H- 0 EDUC FLAT RATE 1.00 2.00 0.00 0.00 2.00 B- 2C APPL PLAT RATS 1.00 500.00 500.00 0.00 0.00 B- 3 BLDG SQ FT 168.00 0.00 0.00 0.00 0.00 B- 5 MODUL UNITS 1.00 0.00 0.00 0.00 0.00 B- 7 FLATW SQUARE FOOTAG 1,192.00 50.00 0.00 0.00 50.00 E- 0 EDUC FLAT RATE 1.00 2.00 0.00 0.00 2.00 E- 1 MIN UNITS 1.00 50.00 0.00 0.00 50.00 E- 4A SERV TEMP SERVICES 1.00 50.00 0.00 0.00 50.00 E- 4B SERV SERVICES 1.00 50.00 0.00 0.00 50.00 E- 4J SUB SERVICES 1.00 50.00 0.00 0.00 50.00 Z- 5A MOTO MOTORS 2.00 100.00 0.00 0.00 100.00 E- 9B A/C SYSTEMS 1.00 50.00 0.00 0.00 50.00 LDR 1-SPR FLAT RATE 1.00 75.00 0.00 0.00 75.00 M- 0 EDUC FLAT RATE 1.00 2.00 0.00 0.00 2.00 M- 2 2A/C SYSTEM[ 1.00 65.00 0.00 0.00 65.00 P- 0 EDUC FLAT RATE 1.00 2.00 0.00 0.00 2.00 PLBG FLAT RATE 1.00 118.00 0.00 0.00 118.00 R- 0 EDUC FLAT RATE 1.00 2.00 0.00 0.00 2.00 R- 9A ROOF SQUARE FEET 1,452.00 50.00 0.00 0.00 50.00 RADON/NEW SQUARE FOOTAG 120.00 0.60 0.00 0.00 0.60 RECOV/NEW SQUARE FOOTAG 120.00 0.60 0.00 0.00 0.60 Item 1 of l MONROE COUNTY ***LIVE*** PERMIT RECEIPT OPERATOR: stankiet COPY # : 1 Sec:13 Twg:66 Rng:28 Sub: Blk: Lot: RE: •........ 00243621001400 DATE ISSUED.......: 10/08/2 RECEIPT #.........: 128662 REFERENCE ID # ...: 05100528 SITE ADDRESS BK i LT 14 TORCHWOOD WEST SUBDIVISION ....... CITY ............ IMPACT AREA ....... OWNER ............: ROTHDEUTSCH, THOMAS & JUDY ADDRESS 162 RAINBOW DRIVE PMB 6292 CITY/STATE/ZIP ...: LIVINGSTON, TX 77399 RECEIVED FROM ....: TOM ROTHDEUTSDCH CONTRACTOR •....... LIC # *OWNER* COMPANY ROTHDEUTSCH, THOMAS & JUDY ADDRESS ........... 162 RAINBOW DRIVE PMB 6292 CITY/STATE/ZIP ...: LIVINGSTON, TX 77399 TELEPHONE ......... FEE ID UNIT -------------------- QUANTITY AMOUNT ---------- PD-TO-DT THIS REC NEW BAL ROGO FLAT RATE ZONING-032 FLAT RATE ---------- 1.00 200.00 1.00 ----- 200.00 0.00 0.00 1011.00 0.00 1011.00 0.00 TOTAL PERMIT ---------- 1211.00 ---------- 200.00 ---------- ---------- 1011.00 0.00 *NOTE*: THIS RECEIPT HAS FEE CREDITS TOTALING: 500.00 METHOD OF PAYMENT AMOUNT NUMBER ------------- - ------ ------------------ CHECK 1011.00 2044 vvvvassasavv TOTAL RECEIPT : 1011.00 REFERENCYPE FEB ID THIS REC 05100528 ---- P ---------- 1-I F ---------- 0.00 05100528 P 1-I L 0.00 0510OS28 P RADON/NSW 0.00 05100528 P RECOV/NEAP 0.00 05100528 P ROGO 0.00 05100528 P ZONING-032 1011.00 05100528 P 1-I P 0.00 05100528 P 1-I R 0.00 05100528 P 1-I S 0.00 05100528 P 1-I W 0.00 05100528 P B- A PLAN 0.00 OS100528 P B- 0 EDUC 0.00 05100528 P B- 2C APPL 0.00 05100528 P B- 3 BLDG 0.00 05100528 P B- 5 MODUL 0.00 05100528 P B- 7 FLATW 0.00 05100528 P E- 0 EDUC 0.00 05100528 P E- 1 MIN 0.00 OS100528 P B- 4A SSRV 0.00 05100528 P E- 4B SERV 0.00 05100528 P 6- 4J SUB 0.00 05100528 P B- 5A MOTO 0.00 OS10OS28 P E- 9B A/C 0.00 05100528 P LDR 1-SFR 0.00 05100528 P M- 0 EDUC 0.00 05100528 P M- 2 2A/C 0.00 05100528 P P- 0 EDUC 0.00 05100528 P PLBG 0.00 OSIO0528 P R- 0 EDUC 0.00 05100528 P R- 9A ROOF 0.00 TOTAL FOR 05100528 1011.00 TOTAL PERMIT FEES 1011.00 DATE............ 10/08/09 TIME.. ..... 13:20 RECEIPT NUMBER.. 128662 OPERATOR ID..... stankiet CHECK........... 1011.00 TOTAL........... 1011.00 W Ton • Judy Rathdeubch 32•L17° 2044 L-O - a =94 fty ova Bonk of America Aj&,.n:soOfft 4914 ioadWLIT� L! 0 -Tdm � 111•�J A 1Q . is L L L000025i: 04770950 2 8&4A BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 16.2010 Bulk Item: Yes _ No x Division: Growth Management Department: Planning Department Staff Contact Person/Phone #: Susan Grimsley. Assist. County Attorney 289-2524 AGENDA ITEM WORDING: A public hearing to consider a resolution adding a fee to the Planning and Environmental Resources Fee Schedule for SB 1752 extensions. ITEM BACKGROUND: On Friday, April 30, 2010, the Florida House of Representatives passed SB 1752, the "Jobs for Florida" bill (SB 1752_excerp). Among other things, SB 1752 sets forth a new two (2) year permit extension as well as reauthorizes several provisions found in SB 360 passed in 2009. The new two-year permit extension applies to any permit that was issued by the Department of Environmental Protection or by a water management district pursuant to Part IV of Chapter 373, Florida Statutes, any local government issued development order, any local government issued building permit, or build out dates, which have an expiration date of September 1, 2008 through January 1, 2012. A permit holder must notify the authorizing government entity in writing on or before December 31, 2010 of the holder's intention to invoke the extension as well as provide an anticipated time frame for acting on the extension. In addition, SB1752 authorizes an additional 2 year extension for owners who received a SB360 extension during 2009. Staff is seeking approval to add a nominal fee ($250.00) for processing extension requests: Eligible permits/development orders include but may not be limited to: • Development Orders • Conditional Use approvals PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval TOTAL COST: INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes x No AMOUNT PER MONTH Year APPROVED BY: County Atty x OMB/Purchasing Risk Management DOCUMENTATION: Included x Not Required_ DISPOSITION: _ AGENDA ITEM # RESOLUTION NO. -2010 A RESOLUTION AMENDING THE PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT FEE SCHEDULE TO ADD A FEE FOR SENATE BILL 1752 EXTENSIONS; REPEALING ANY OTHER FEE SCHEDULES INCONSISTENT HEREWITH. WHEREAS, the Monroe County Board of County Commissioners wishes to provide the citizens of the County with the best possible service in the most cost effective and reasonable manner; and WHEREAS, the Board finds that it would be in the best interests of the general public to charge the true cost for such services, thereby placing the burden of such costs directly upon those parties deriving the benefit from such services; and, WHEREAS, the updated fee schedule prepared by the Growth Management Director for providing these services includes the estimated direct costs and reasonable indirect costs associated with the review and processing of planning and development approval applications and site plans, on -site biological reviews, administrative appeals, preparation of official documentation verifying existing development rights and other processes and services; and WHEREAS, on Friday, April 30, 2010, the Legislature passed SB 1752, which was signed by the Governor of the State of Florida on May 28, 2010. SB 1752 sets forth a new two (2) year permit extension as well as reauthorizes several provisions found in SB 360 passed in 2009. The new two-year permit extension applies to any permit that was issued by the Department of Environmental Protection or by a water management district pursuant to Part IV of Chapter 373, Florida Statutes, any local government issued development order, any local government issued building permit, or build out dates, which have an expiration date of September 1, 2008 through January 1, 2012; and WHEREAS, SB 1752 further provides that the holder of a valid development order or building permit or other authorization that is eligible for an additional two-year extension over and above the 2 year extensions granted under SB360 must notify the local government in writing no later than December 31, 2010; and WHEREAS, the Board heard testimony and evidence presented as to the appropriate fee schedule during a public hearing on June 16, 2010; and WHEREAS, the Board of County Commissioners wishes to add a fee for extensions of development orders to update Board of County Commissioners Resolution 123-2010; PLANNING FEE RESO - PROPOSED - 06 16 2010 Page 1 of 4 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY FLORIDA: Section 1. Pursuant to Section 102-19(9), the following schedule of fees to be charged by the Growth Management Division for its services, including but not limited to the filing of land development permit applications, land development approvals, land development orders, and appeal applications, and requests for technical services or official letters attesting to development rights recognized by the County shall be implemented: Administrative Appeals 1500.00 Administrative Relief 1,011.00 Alcoholic Beverage Application 1,264.00 Appeal ROGO or NROGO to BOCC 816.00 Beneficial Use 4,490.00 Biological Site Visit (per visit) 280.00 Biologist Fee (misc — per hour) 60.00 Boundary Determination 1,201.00 Comprehensive Plan Amendment 5,531.00 Conditional Use Application, Major 10,014.00 Conditional Use, Application, Minor 8,484.00 Conditional Use, Minor Deviation 1,768.00 Conditional Use, Revised Plan Review 638.00 Conditional Use, Time Extension 986.00 Conditional Use, Transfer of Development Rights 1,239.00 Conditional Use, Transfer of Floor Area 1,944.00 Conditional Use, Transfer of ROGO Exemption 1,740.00 Development Agreement 12,900.00 Development of Regional Impact 28,876.00 DOAH Appeals 816.00 Dock Length Variance 1,026.00 Future Land Use Map Amendment 5,531.00 Grant of Conservation Easement 269.00 Habitat Evaluation Index (per hour) 60.00 Home Occupation Application 498.00 Inclusionary Housing Exemption 900.00 Land Development Regulations Text Amendment 5,041.00 Land Use District Map Amendment — Nonresidential 4,929.00 Land Use District Map Amendment —Residential 4,131.00 Letter of Current Site Conditions 936.00 Letter of Development Rights Determination 2209.00 Letter of ROGO Exemption 215.00 NROGO Application 774.00 Planning Fee (misc - per hour) 50.00 Parking Agreement 1,013.00 Planning Site Visit 129.00 Page 2 of 4 Platting, 5 lots or less 4,017.00 Platting, 6 lots or more 4,613.00 Pre -application with Letter of Understanding 689.00 Pre -application with No Letter of Understanding 296.00 Public Assembly 149.00 Research, permits and records (per hour) 50.00 Road Abandonment 1,533.00 ROGO Application 748.00 ROGO Lot/Parcel Dedication Letter 236.00 SB 360/SB 1752 Additional 2 Year Extension for Development Orders/Permits 250.00 Sign Variance 1,076.00 Special Certificate of Appropriateness 200.00 Vacation Rental Application 493.00 Vacation Rental Manager License Fee 106.00 Vacation Rental Renewal 100.00 Variance, Planning Commission 1,608.00 Variance, Planning Director 1,248.00 Vested Rights Determination 2,248.00 Waiver, Planning Director 1,248.00 Wetlands Delineation (per hour) 60.00 Growth Management applications may be subject to the following additional fees or requirements: 1. Advertising and /or notice fees; $245 for newspaper advertisement and $3 per property owner notice. 2. No application or other fees for affordable housing projects. 3. Hearing fees; payment of half the cost of the hearing officer, which is currently $70.00 per hour. County is charged $140.00 per hour by DOAH. If the fee charged to the County is increased, the charge will change proportionately 4. Subject to technology fee of $20. 5. Applicants for Administrative Appeal who prevail based on County error, as found by the Planning Commission, shall have the entire application fee refunded. Section 2. Any other fees schedules or provisions of the Monroe County Code inconsistent herewith are hereby repealed. Section 3. The Clerk of the Board is hereby directed to forward one (1) certified copy of this Resolution to the Division of Growth Management. PLANNING FEE RESO - PROPOSED - 06 16 2010 Page 3 of 4 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 16th day of June, 2010. Mayor Sylvia Murphy Mayor pro tem Heather Carruthers Commissioner Kim Wigington Commissioner George Neugent Commissioner Mario Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Wil Mayor Sylvia Murphy (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK Deputy Clerk 0NNROE COUNTY ATTORNEY PROVEDAST FORM J Date: PLANNING FEE RESO - PROPOSED - 06 16 2010 Page 4 of 4 ENROLLED 2010 Legislature CS for SB 1752, 2nd Engrossed 20101752er 4438 federal grants and private investment and the creation of new 4439 businesses and jobs. The office shall also recommend outcome 4440 measures for further evaluation of the prjogram. The office shall 4441 submit a report of its findings and recommendations to the 4442 Governor, the President of the Senate, and the Speaker of the 4443 House of Representatives by November 1, 2011. 4444 Section 46. (1) Except as provided in subsection (4), a 4445 development order issued by a local government, a building 4446 permit, and any permit issued by the Department of Environmental 4447 Protection or by a water management district pursuant to part IV 4448 of chapter 373, Florida Statutes, which has an expiration date 4449 from September 1, 2008, through January 1, 2012, is extended and 4450 renewed for a period of 2 years after its previously scheduled 4451 date of expiration. This 2-year extension also applies to 4452 buildout dates, including any extension of a buildout date that 4453 was previously granted under s. 380.06(19)(c), Florida Statutes. 4454 This section does not prohibit conversion from the construction 4455 phase to the operation phase upon completion of construction. 4456 This extension is in addition to the 2-year permit extension 4457 provided under section 14 of chapter 2009-96, Laws of Florida. 4458 (2) The commencement and completion dates for any required 4459 mitigation associated with a phased construction project are 4460 extended so that mitigation takes place in the same timeframe 4461 relative to the phase as originally permitted. 4462 (3) The holder of a valid permit or other authorization 4463 that is eligible for the 2-year extension must notify the 4464 authorizing agency in writing by December 31, 2010, identifying 4465 the specific authorization for which the holder intends to use 4466 the extension and the anticil2ated timeframe for acting on the Page 154 of 162 CODING: words strieken are deletions; words underlined are additions. ENROLLED 2010 Legislature CS for SB 1752, 2nd Engrossed 20101752er 4467 authorization. 4468 (4) The extension provided for in subsection (1) does not 4469 a 1 to: 4470 (a) A permit or other authorization under any programmatic 4471 or re ional general 2ermit issued by the Army Corps of 4472 Engineers. 4473 (b) A permit or other authorization held by an owner or 4474 operator determined to be in significant noncompliance with the 4475 conditions of the permit or authorization as established through 4476 the issuance of a warning letter or notice of violation, the I i 4477 initiation of formal enforcement, or other equivalent action b ' 4478 the authorizing agency. I 4479 (c) A permit or other authorization, if granted an 4480 extension that would delay or prevent compliance with a court 4481 order. 4482 (5) Permits extended under this section shall continue to 4483 be governed by the rules in effect at the time the permit was 4484 issued, except if it is demonstrated that the rules in effect at 4485 the time the jRermit was issued would create an immediate threat 4486 to public safety or health. This provision applies to any 4487 modification of the plans, terms, and conditions of the permit 4488 which lessens the environmental impact, except that any such 4489 modification does not extend the time limit beyond 2 additional 4490 years. 4491 (6) This section does not impair the authority of a count 4492 or municipality to require the owner of a property that has 4493 notified the county or municipality of the owner's intent to 4494 receive the extension of time granted pursuant to this section 4495 to maintain and secure the property in a safe and sanitary Page 155 of 162 CODING: Words en are deletions; words underlined are additions. ENROLLED 2010 Legislature CS for SB 1752, 2nd Engrossed 20101752er 4496 condition in compliance with applicable laws and ordinances. 4497 Section 47. (1) The Legislature hereby reauthorizes: 4498 (a) Any exemption granted for any project for which an 4499 application for development approval has been approved or filed 4500 pursuant to s. 380.06, Florida Statutes, or for which a complete 4501 development application or rescission request has been approved 4502 or is pending, and the application or rescission process is 4503 continuing in good faith, within a development that is located 4504 within an area that qualified for an exemption under s. 380.06, 4505 Florida Statutes, as amended by chapter 2009-96, Laws of 4506 Florida. 4507 (b) Any 2-year extension authorized and timely applied for 4508 pursuant to section 14 of chapter 2009-96, Laws of Florida. 4509 (c) Any amendment to a local comprehensive plan adopted 4510 up rsuant to s. 163.3184, Florida Statutes, as amended by chapter 4511 2009-96, Laws of Florida, and in effect pursuant to s. 163.3189, 4512 Florida Statutes, which authorizes and im lements a 4513 transportation concurrency exception area pursuant to s. 4514 163.3180, Florida Statutes, as amended by chapter 2009-96, Laws 4515 of Florida. 4516 (2) Subsection (1) is intended to be remedial in nature and 4517 to reenact provisions of existing law. This section shall apply 4518 retroactively to all actions specified in subsection (1) and 4519 therefore to any such actions lawfully undertaken in accordance 4520 with chapter 2009-96, Laws of Florida. 4521 Section 48. The unexpended funds appropriated in Specific 4522 Appropriation 2649 of chapter 2008-152, Laws of Florida, for 4523 improvements to Launch Complex 36 on the 45th Space Win 4524 property shall revert immediately and are reappropriated for Page 156 of 162 CODING: Words stflaken are deletions; words underlined are additions. Ch. 2009-96 LAWS OF FLORIDA Ch. 2009-96 process in god faith or the develg=ent is a r (i) This subsection does not agply to areas: 1,_Wjthizi the boundary of any area of critical gfat&,concern designated pursuant to s. 380.05: 2. Within the -boundM of thg Weldva, Study Area as described i 369.316: or 3._ _"in 2 milga of, LI a boundary of the Everglades Protection Area as described in s. 373.4592(2). 23 CODING: Words s#rie#es are deletions; words underlined are additions. Ch. 2009-96 LAWS OF FLOREDA Ch, 2009.98 on the authorization. 4 The xtension providgd for in subsection l d n t A Dermit or other au&hQjjzation under any =gramniatiqreFdonal general permitRermit issued by the „&My_Corps of Engineers. (r)peOn;t or other authorization. if granted an extengion, that would Rregygnt co=h=ce with a court Section 15. Subsection (4) of section 159.807, Florida Statutes, is amended to read: 159.807 State allocation pool.— (4)(a) The state allocation pool shall also be used to provide written confirmations for private activity bonds that are to be issued by state agen- cies, which bonds, notwithstanding any other provisions of this part, shall 24 CODING: Words AtAcAces are deletions; words underlined are additions. BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 16 2010 Bulk Item: Yes _ No x Division: Growth Manama Department: Staff Contact Person/Phone #: Susan Grimsley 289-2500 AGENDA ITEM WORDING: A public hearing to consider an ordinance of the Monroe County Board of County Commissioners amending section 138-24 of the Monroe County Code concerning ROGO allocations, allowing those held in abeyance by the Planning Commission because of tierless property rankings to be rolled over to the following ROGO year as market rate allocations. ITEM BACKGROUND: Pursuant to Monroe County Code Section 138-24(c)(3), any unused market rate ROGO allocations are supposed to roll over to the next ROGO year as affordable housing allocations. This ordinance will hold over into the following ROGO years any market rate allocations that cannot be awarded pending a tier designation for the tierless properties in ROGO. The Planning Commission is keeping the places for those applicants in ROGO; however, after tiers are adjusted, those allocations may be given to other applicants whose rankings would rise on the list. This ordinance clarifies that the ROGO allocations held because of the tierless parcel rankings are not to roll over to affordable housing allocations in the next ROGO year. As of June 1, 2010, there are 16 allocations held in abeyance so far in ROGO year 18. (The ROGO year is from July 13, 2009 — July 12, 2010) PREVIOUS RELEVANT BOCC ACTION: March 15, 2006 — BOCC approved Ordinance 009-2006 amending sections of the Monroe County Code regarding ROGO CONTRACT/AGREEMENT CHANGES: na STAFF RECOMMENDATIONS: Approval TOTAL COST: INDIRECT COST: DIFFERENTIAL OF LOCAL PREFERENCE: BUDGETED: Yes No COST TO COUNTY: 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 # C )UNTY jo'�MONROE KEY %VWrLORIDA 33040 (3o5)284-4641 Suzanne A. Hutton. County Attorney** Robert B. Shi linger. Chief Assistant County Attorney "* Pedro I Mercado, Assistant County Attorney * " Susan M. Grinvsler. Assistant County Attorney ** Natileene W. Cassel, Assistant County Attorney Cynthia L. Hall. Assistant County Attorney Christine Lunbert-Barrows. Assistant County Attorney Derek V. Howard, Assistant County Attorney Lisa Granger, Assistant County Attorney **Board Certified in City, County & Local Govt. Law MEMO To: Board of County Commissioners From: Susan M. Grimsley, Assistant County Attorney Date: May 25, 2010 BOARD OF COUWJ COMMISSIONERS Mayor Sylvia 3. Murphy, District 5 Mayor Pro Tem Heather Carruthers, District 3 Kim Wigington, District 1 George Neugent, District 2 Mario Di Gennaro, Disb id 4 Office of the County Attorney 1111 12d Street. Suite 408 Key West. FL 33040 (305) 292-3470 — Phone (305) 292-3516 —Fax Re: Ordinance Amending Section 138-24 Concerning ROGO Allocations The Planning Commission has not formally awarded some ROGO allocations for the last two quarters because some of the properties considered were rendered tierless from the Final Order in the tier ordinance challenge. Because the parcels could not be properly ranked, the Planning Commission has held the place for the applicants pending the resolution of the parcels' tiers. The ROGO allocation for a tierless property has been held in abeyance for award to the same or different properties further down on the list. Pursuant to Monroe County Code Section 138-24(c)(3), any unused market rate ROGO allocations (126 per year) are supposed to roll over to the next ROGO year as affordable housing allocations. By adding Sec 138-24(a)(7), this ordinance clarifies that the ROGO allocations so held are not to roll over to affordable housing in the next ROGO year, but are to be awarded to applicants in ROGO for their parcels after the tier challenge is resolved and parcels can be ranked. Any individual applicant/parcel may or may not remain in the same position after receiving a tier. Others further down on the list may receive those allocations being held. SMG:kmp ORDINANCE NO. -2010 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING SECTION 138-24 OF THE MONROE COUNTY CODE CONCERNING ROGO ALLOCATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR INCLUSION IN THE MONROE COUNTY CODE OF ORDINANCES; PROVIDING FOR FILING WITH THE SECRETARY OF STATE AND TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING AN EFFECTIVE DATE WHEREAS, Ordinances 08-2006, 09-2006, 10-2006, 11-2006 and 13-2006 (Tier Ordinances) were enacted by the Board of County Commissioners (Board) in March, 2006; and WHEREAS, the Tier Ordinances provided environmental designations for parcels based on habitat, which type of habitat raised or lowered the points used to score parcels which were the subject of applications for Rate of Growth Ordinance (ROGO) allocations; and WHEREAS, the Tier Ordinances were the subject of an administrative challenge and were the subject of a Final Order by the Secretary of the Department of Community Affairs on September 27, 2007; and WHEREAS, the Final Order rendered approximately 3,100 parcels "tierless" and were thus unable to be scored in the (ROGO) competition process; and WHEREAS, there are approximately 90 applications in the ROGO process without a tier; and WHEREAS, it is impossible to re -rank these tierless properties until they are given a new tier designation in the future by Board action; and WHEREAS, the Planning Commission, upon recommendation of staff, has allowed those applications that are now tierless, to remain in the ranking order as though they had the tier originally assigned before the challenge; and WHEREAS, each quarter, starting with Year 18 (July 13, 2009 - July 12, 2010), Monroe County is holding the allocations in abeyance until the parcels are assigned a tier and the accurate ranking is available; and WHEREAS, the State of Florida, acting through the Florida Administration Commission, promulgated F.A.C. 28-20.110 which established a maximum of 126 market rate ROGO allocations per year for use in unincorporated Monroe County; and WHEREAS, the Board desires to clarify that these ROGO allocations do not roll over to affordable housing as provided in Section 138-24( c) ( 3) as unused, but are in fact accounted for and are designated for use as market rate allocations in the ROGO competition system; and WHEREAS, the practice of holding these unused allocations in abeyance does not have a negative impact on the County's hurricane evacuation times because these allocations are already factored into evacuation times; and WHEREAS, this ordinance serves the best interests of the citizens of Monroe County and promotes the economic health and viability of the County as well as continuing to follow the limits on growth as prescribed by the County's designation as an area of critical state concern; NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: (Underlined language is added; language e!FiGken thmugh is deleted) Section 1. Section 138-24 is amended as follows: Sec. 138-24. Residential ROGO allocations. (a) Number of available annual residential ROGO allocations. The number of market rate residential ROGO allocations available in each subarea of the unincorporated county and the total number of affordable residential ROGO allocations available countywide on a yearly basis shall be as follows: TABLE i NSET: Subarea Number of Dwelling Units Upper Keys 61 Lower Keys 57 Big Pine and No Name Keys 8 Total market rate 126 Affordable dwelling units Very Low, Low, and Median Incomes 36* Moderate Income 35* 71 Total units a year 197 *includes one for Big Pine Key and No Name Key. (1) Yearly residential ROGO allocation ratio. Each subarea shall have its number of market rate residential ROGO allocations available per ROGO year. Affordable ROGO allocations shall be available for countywide allocation except for Big Pine Key and No Name Key. The annual allocations for Big Pine Key and No Name Key shall be eight market rate and two affordable dwelling units. (2) Quarterly residential ROGO allocation ratio. Each subarea shall have its number of market rate housing residential ROGO allocations available per ROGO quarter determined by the following formula: a. Market rate residential ROGO allocations available in each subarea per quarter is equal to the market rate residential ROGO allocations available in each subarea divided by four. b. Affordable housing residential ROGO for all four ROGO quarters, including the two available for Big Pine Key, shall be made available at the beginning of the first quarter for a ROGO year. (3) Ratio of affordable housing ROGO allocations to market rate ROGO allocations. Prior to October of each year, the board of county commissioners may adopt a resolution changing the ratio of affordable housing to market rate ROGO allocations based upon the recommendations of the planning director and planning commission arising from the annual review of ROGO. This ratio may be amended pursuant to the following: a. The percentage of affordable housing shall never be less than 20 percent of the total ROGO allocations available or the minimum established by rule of the Florida Administration Commission, whichever is greater. b. The increase or decrease in the percentage of affordable housing of the total ROGO allocations available shall not exceed 50 percent of the previous year's ROGO allocations to market rate and affordable housing. (4) Ratio of very low income, low income, and median income allocations to moderate income allocations. The planning commission may amend these proportions for affordable housing during any ROGO quarter. (5) Big Pine Key and No Name Key. All allocation awards on Big Pine Key and No Name Key are subject to the provisions of the incidental take permit and the habitat conservation plan for the Florida Key Deer and other covered species, which may affect ROGO allocations under this article. (6) Limit on number of allocation awards in tier 1. Except for Big Pine Key and No Name Key, the annual number of allocation awards in tier I shall be limited to no more than three in the Upper Keys and three in the Lower Keys. 7 Market rate allocations set aside for mwerties already ranked and comr)eting in ROGO beginning in Year 18, July 12, 2009, that are held in abeyance each quarter by the Planning Commission but not awarded because of a lack of a tier designation, may be awarded in future ROGO years upon final determination of the tier designation and resulting rankings for properties competing in ROGO. These allocations are considered "used" for purposes of applying Section 138-24(c )(3) and do not roll over as affordable housing allocations. (b) Reservation of affordable housing allocations. Notwithstanding the provisions of section 138- 26 for awarding of affordable housing allocations, the board of county commissioners may reserve by resolution some or all of the available affordable housing allocations for award to certain sponsoring agencies or specific housing programs consistent with all other requirements of this chapter. Building permits for these reserved allocations shall be picked up within six months of the effective reservation date, unless otherwise authorized by the board of county commissioners in its resolution. The board of county commissioners may, at its discretion, place conditions on any reservation as it deems appropriate. These reservations may be authorized by the board of county commissioners for: (1) The county housing authority, nonprofit community development organizations, pursuant to section 130-161(e), and other public entities established to provide affordable housing by entering into a memorandum of understanding with one or more of these agencies; (2) Specific affordable or employee housing projects participating in a federal/state housing financial assistance or tax credit program or receiving some form of direct financial assistance from the county upon written request from the project sponsor and approved by resolution of the board of county commissioners; (3) Specific affordable or employee housing projects sponsored by nongovernmental not -for - profit organizations above upon written request from the project sponsor and approved by resolution of the board of county commissioners; (4) Specific affordable or employee housing programs sponsored by the county pursuant to procedures and guidelines as may be established from time to time by the board of county commissioners; (5) Specific affordable or employee housing projects by any entity, organization, or person, contingent upon transfer of ownership of the underlying land for the affordable housing project to the county, a not -for -profit community development organization, or any other entity approved by the board of county commissioners, upon written request from the project sponsor and approved by resolution of the board of county commissioners; or (6) Rental employee housing projects situated on the same parcel of land as the nonresidential workplace for the tenants of these projects, upon written request from the property owner and approved by resolution of the board of county commissioners. (c) Affordable housing allocation awards and eligibility. (1) The definition of affordable housing shall be as specified in sections 101-1 and 130-161. (2) Any portion of the annual affordable housing allocation not used for affordable housing at the end of a ROGO year shall be made available for affordable housing for the next ROGO year. (3) Any portion of the residential ROGO allocations not used shall be retained and be made available for affordable housing from ROGO year to ROGO year. (4) No affordable housing allocation shall be awarded to applicants located within a tier I designated area, within a V-zone on the county's flood insurance rating map, within a tier ll designated area on Big Pine Key and No Name Key, or within a tier III -A (special protection area) if clearing is proposed for any portion of an upland native habitat patch of a one acre or greater in area. (5) Only affordable housing allocations for Big Pine Key may be used on Big Pine Key. No affordable housing allocation may be used on No Name Key. (d) Residential dwelling unit allocation required. The county shall issue no building permit for a residential dwelling unit unless such dwelling unit: (1) Has a residential dwelling unit allocation award; or (2) Is exempted from the dwelling unit allocation system pursuant to this chapter or is deemed vested pursuant to section 138-22. Section 2. Severability. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 4. Inclusion in 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. Section 5. Filing and Transmittal. This ordinance shall be filed in the Office of the Secretary of the State of Florida. This ordinance shall be transmitted by the Planning Department to the Department of Community Affairs pursuant to Chapter 163, Florida Statutes. Section 6. Effective Date. This ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary of State of the State of Florida that this ordinance has been filed with said Office and upon approval by the Department of Community Affairs of the State of Florida according to the terms of the approval. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 16th day of June, 2010. Mayor Sylvia J. Murphy Mayor Pro Tern Heather Carruthers Commissioner Mario Di Gennaro Commissioner George Neugent Commissioner Kim Wigington BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA MA (SEAL) Mayor Sylvia J. Murphy ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK M OE COUNTY ATTORNEY ARPFiOVED T FDRM Date: BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 16.2010 Bulk Item: Yes No X Division: Growth Management Division Department: Planning and Environmental Resources Department Staff Contact Person/Phone #: Christine Hurley (305) 289-2500 AGENDA ITEM WORDING: A public hearing to consider an ordinance by the Monroe County Board of County Commissioners creating Section 130-131 of the Monroe County Land Development Code, creating The Lower Sugarloaf Key Community Center Overlay District for real estate number 00118470.000000 and for portions of parcels having real estate numbers 00118420.000000 and 00117930.000000 (one of two public hearings). ITEM BACKGROUND: The property owner of this land requested a land use district map amendment of Mixed Use. The Mixed Use category permits extensive intensity found to be inconsistent with the surrounding character of the community, without the corresponding overlay district proposed. Staff recommends the Mixed Use land use district with corresponding overlay parameters as follows: PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Hold second public hearing on July 21, 2010 and adopt ordinance only if companion land use district map amendment is approved. TOTAL COST: INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: N/A 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 # 2 3 °. 4 MEMORANDUM 5 MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT 6 We strive to be caring, professional and fair 7 8 To: Monroe County Board of County Commissioners 9 10 Through: Christine Hurley, AICP, Growth Management Director 11 12 From: Kathy Grasser, Comprehensive Planner 13 14 Date: May 21, 2010 15 16 Subject: Request for an Amendment to the Land Use Regulations creating Section 130-131, 17 creating the Lower Sugarloaf Key Community Center Overlay District 18 19 Meeting: June 16, 2010 20 21 I CHANGES TO ORDINANCE FROM. PLANNING COMMISSION MEETING 22 The Planning and Environmental Resources Department staff is requesting an amendment to the 23 Monroe County Land Development Code by creating new Section 130-131 titled `The Lower 24 Sugarloaf Key Community Center Overlay District.' This is the first of two public hearings. 25 26 The attached ordinance was recommended for approval to the Board of County Commissioners by 27 the Planning Commission at its meeting on April 28, 2010. 28 29 During the discussion at the Planning Commission meeting, the following changes were made to 30 the staff report and ordinance. These changes did not change the context of the ordinance, but 31 provided clarification on the densities and intensities of the proposed overlay district. 32 33 The original table, below, was presented in ordinance form to the Planning Commission. 34 35 36 37 38 BALANCE OF PAGE INTENTIONALLY LEFT BLANK 39 LDR Section 130-131: Lower Sugarloaf Key Community Center Overlay District P. 1 of 3 BOCC: June 16, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 MAXIMUM DENSITY / INTENSITY BY PROPOSED LOWER SUGARLOAF KEY COMMUNITY CENTER OVERLAY DISTRICT Land Use Density/Intensity Size of Site (upland) Max Allowed Hotel (" 7.25 Rooms per Acre 10.59 acres 75 Rooms Office ('-) 0.045 FAR 461,300.4 s .ft. 20,758 sq.ft. Marina (2) 0.045 FAR 461,300.4 sq.ft. 20,758 sq.ft. Perm. Residential 0.25 Units per Acre 10.59 acres 2 units Commercial Retail - Medium (2) 0.045 FAR 461,300.4 sq.ft. 20,758 sq.ft. Recreational Rentals M 2.4 Spaces per Acre 10.59 acres 25 Spaces Commercial Fishing (2) 0.045 FARI 461,300.4 sq.ft. 20,758 sq.ft. TOTAL DENSITY RESIDENTIAL: 100 transient, 2 market rate units TOTAL INTENSITY FAR (3 & 4) • 20,758ft2 Affordable / Employee Housing 0.75 Units per Acre 10.59 acres 8 Units (1) These uses shall not be cumulative. (2) A combination of hotel rooms or recreational rentals shall not exceed a total of 100 rooms and/or spaces. (3) No combination of commercial retail and office structure shall exceed 20,758 sq.ft. FAR. (4) Maximumsquare footage of any one building or structure shall not exceed 10,000 sq. ft. Maximum square footage of any one building or structure shall not exceed 10,000 sq.ft. Changes were made to the following table and ordinance: LOWER SUGARLOAF KEY COMMUNITY CENTER OVERLAY DISTRICT Land Use Densi /Intensity Size of and Max Allowed Perm. Residential Dwelling Units 0.25 units per acre 10.59 acres 2 unit Hotel Rooms A combination of 100 hotel rooms 10.59 acre A combination of 100 hotel rooms Recreational Rentals Spaces and/or recreational rental spaces 10.59 acres and/or recreational rental spaces Office FAR (sa. ft.) 0.045 FAR 461,300.4 s .ft. 20 758 sq.ft. Commercial Retail - Medium FAR (sq. 0.045 FAR 461 300.4 s .ft. 20 758 sq. ft. $.) Marina FAR (sa. ft.l 0.045 FAR 461 300.4 s .ft. 20,758 sq.ft. Commercial Fishing FAR (sq. ft.) 0.045 FAR 461 300.4 sq.ft. 20 758 sq.ft. TOTAL DENSITY Residential: 100 transient. 2 market rate units TOTAL INTENSITY Floor Area: 20,758 so. ft Affordable / Employee Housing dwelling units 0.75 units per acr 10.59 acres 8 Unit The table is changed in the ordinance as follows: 1. Land use categories are now organized into units, rooms and spaces first, and then floor area ratios. 2. Footnotes were deleted. This allowed for better clarification in the data inset. a. Footnote 1: Deleted "These uses shall not be cumulative." This is a duplication of statement in the text of the ordinance. b. Footnote 2: Deleted "A combination of hotel rooms or recreational rentals shall not exceed a total of 100 rooms and/or spaces." Deleted the conflict between the density of rooms and spaces and allows for consistency of the combination of rooms and/or spaces. LDR Section 130-131: Lower Sugarloaf Key Community Center Overlay District BOCC: June 16, 2010 P. 2 of 3 1 C. Footnote 3: Deleted "No combination of commercial retail and office structure shall 2 exceed 20,758 sq. ft. FAR." This is a duplication of statement in the 3 text of the ordinance. 4 d. Footnote 4: Deleted "Maximum square footage of any one building or structure 5 shall not exceed 10,000 sq. ft." Deleted the conflict between the density 6 of rooms and spaces and allows for consistency of the combination of 7 rooms and or spaces. 8 9 Under (1) Density and Intensity in the proposed ordinance, subsection (a) was separated into 10 subsections (a) and (b) to provide better clarification. 11 12 This is the text from the original ordinance: 13 (1) Density and Intensity 14 (a) For the purposes of this overlay district, uses with corresponding density 15 intensity thresholds shall not be cumulative; except no combination of 16 commercial retail and office shall exceed 20,758ft2 FAR. 17 18 This is the text from the revised ordinance: 19 (1) Density and Intensity 20 (a) For the purposes of this overlay district, uses with corresponding density / 21 intensity thresholds shall not be cumulative; and 22 23 (b) No combination of commercial retail and office shall exceed 20.758ft2 FAR. 24 25 26 27 28 29 30 31 32 LDR Section 130-131: Lower Sugarloaf Key Community Center Overlay District P. 3 of 3 BOCC: June 16, 2010 ie . z31 1 � �•_ 2 _ 3 4 MEMORANDUM 5 MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT 6 We strive to be caring, professional and fair 7 8 To: Monroe County Board of County Commissioners 9 10 Through: Christine Hurley, AICP, Growth Management Director 11 12 From: Kathy Grasser, Comprehensive Planner 13 14 Date: June 1, 2010 15 16 Subject: Request for an Amendment to the Land Use Regulations creating Section 130-131, 17 creating the Lower Sugarloaf Key Community Center Overlay District 18 19 Meeting: June 16, 2010 20 21 I REQUEST 22 The Planning and Environmental Resources Department staff is requesting an amendment to the 23 Monroe County Land Use Code by creating new Section 130-131 titled `The Lower Sugarloaf Key 24 Community Center Overlay District.' This is the first of two public hearings. LDR Section 130-131: Lower Sugarloaf Key Community Center Overlay District P. 1 of 15 BOCC: June 16, 2010 1 Address: 17001 —17075 Overseas Highway, Lower Sugarloaf Key 2 Florida, Mile Marker 16 —17 3 4 Real Estate Numbers: All of RE 00 11793 0. 000000 5 A portion of RE 00118420.000000 6 A portion of RE 00118470.000000 7 8 Descriptions: A portion of Government Lot 3 and portion of Government Lot 4, 9 Section 3, Township 67 South, Range 27 East and a portion of 10 Government Lot 3, Section 34, Township 66 South, Range 27 East, 11 Sugarloaf Key, Monroe County, Florida and a portion of 12 Government Lot 3, Section 34, Township 66 South, Range 27 East, 13 Sugarloaf Key, Monroe County, Florida at 17001 Overseas 14 Highway, Lower Sugarloaf Key, at approximately Mile Marker 17 15 16 17 II PROCESS 18 Amendments may be proposed by the Board of County Commissioners (BOCC), the Planning 19 Commission, the Director of Planning, or the owner or other person having a contractual 20 interest in property to be affected by a proposed amendment. The Director of Planning shall 21 review and process text amendment applications as they are received and pass them onto the 22 Development Review Committee and the Planning Commission for recommendation and final 23 approval by the BOCC. 24 25 The Planning Commission shall each hold at least one public hearing and the BOCC shall hold 26 at least two public hearings on a proposed amendment that changes the uses permitted in a 27 zoning district. The Planning Commission shall review the application, the reports and 28 recommendations of the Department of Planning & Environmental Resources and the 29 Development Review Committee and the testimony given at the public hearing. The Planning 30 Commission shall submit its recommendations and findings to the BOCC. The BOCC 31 considers the staff report and recommendation of and the testimony given at the public hearing 32 and may pass the amendment or not. The amendment is transmitted to the Florida Department 33 of Community Affairs (DCA) for a final order. 34 35 III OVERLAY DISTRICT INFORMATION 36 The property owner of this land requested a land use district map amendment of Mixed Use. 37 The Mixed Use category permits extensive intensity found to be inconsistent with the 38 surrounding character of the community, without the corresponding overlay district proposed. 39 40 The request for the Mixed Use amendment will be heard at the July 14, 2010 BOCC hearing in 41 conjunction with the second (2"d) public hearing of this proposed overlay district. Staff is 42 requesting approval of the overlay district only if corresponding proposed Mixed Use land use 43 district amendment request by the applicant is approved. 44 45 The purpose of the Lower Sugarloaf Key Community Center Overlay District is to implement 46 the policies of the comprehensive plan, to protect the natural and man-made historic resources 47 of the community and to encourage development that maintains the small scale and low 48 intensity of Lower Sugarloaf Key, while encouraging the service type uses and community 49 type development the community has recognized important to implement smart growth LDR Section 130-131: Lower Sugarloaf Key Community Center Overlay District P. 2 of 15 BOCC: June 16, 2010 1 policies including having services and uses that do not necessitate travel long distances for 2 residents. The goal is to protect and maintain the historic character of the densities and 3 intensities within the Lower Sugarloaf Key Community Center Overlay District. 4 5 The draft Lower Keys (MM 14.20 — 29.0) Livable CommuniKeys Plan Policy Item 1.5.1 6 states: "The following areas designated as Mixed Use Commercial (MC) on the Future Land 7 Use Map (FLUM) will be evaluated to determine their potential for designation as Community 8 Centers." Lower Sugarloaf Key (MM 16-17) is listed as one of the potential community 9 centers and has a FLUM of MC. While the Plan is still a draft, it does include 10 recommendations based on years of community input and reflects the overall general 11 recommendations. The subject parcels have a Mixed Use Commercial Future Land Use Map 12 (MC FLUM) designation. 13 14 The overlay district, as proposed, applies to the boundaries of which are described on the map, 15 attached as Exhibit A. The Lower Sugarloaf Key Community Center Overlay District, when 16 adopted, will become an overlay to the Land Use District Map. 17 18 Policy 105.2.15 of the Monroe County Year 2010 Comprehensive Plan characterizes 19 Community Centers as a defined geographic area with a mix of retail, personal service, office 20 and tourist and residential uses. The lawfully established structures in this boundary offer the 21 residents as well as tourists' use of motel, marina, restaurant, apartments and single family 22 residences, offices, auto body shop and a real estate office. 23 24 The tier for Real Estate number 00118420.000000 has been undesignated pursuant to Final 25 Order Number DC07-GM-166. The parcel will be evaluated by the Tier Designation 26 Committee and recommendations made to the BOCC. 27 28 The following is the densities and intensities for the proposed Lower Sugarloaf Key 29 Community Center Overlay District: 30 31 32 33 LDR Section 130-131: Lower Sugarloaf Key Community Center Overlay District P. 3 of 15 BOCC: June 16, 2010 I The Lower Sugarloaf Key Communitv Center District Overlay Bounda 2 Legal Description: 3 Total Land: (Prepared by Mr. Fred Hildebrandt) 4 A portion of Government Lot 3 and Portion of Government Lot 4, Section 3, 5 Township 67 South, Range 27 East and a portion of Government Lot 3, Section 34, 6 Township 66 South, Range 27 East, Sugarloaf Key, Monroe County, Florida and 7 being more particularly described as follows (All references to Government Lot 8 Lines are per Bailey's Survey of Sugarloaf Properties, December 22, 1972): 9 10 Begin at the intersection of the Northwesterly Line of U.S. Highway No. 1 (State 11 Road No. 5) and the West Line of Government Lot 3, of said Section 3; thence 12 N.00° 16'32"E., along the said Government Lot Line a distance of 60.28 feet; 13 thence N.56°19'10"E., along the said Northwesterly Right -of -Way Line of U.S. 14 Highway No. 1 a distance of 644.56 feet; thence N.33°41'00"W., a distance of 15 110.00 feet; thence N.56°19'10"E., a distance of 157.47 feet thence meander the 16 Mean High Tide Line along natural shoreline, Concrete Seawalls, and man made 17 canals for the following 112 metes and bounds; thence S.89°59'13"W., a distance 18 of 39.25 feet; thence S.63°40'43"W., a distance of 125.84 feet; thence 19 S.52°19'26"W., a distance of 139.22 feet; thence S.81°00'25"W., a distance of 28.60 20 feet; thence N.49°28'21 "W., a distance of 36.77 feet; thence N.44°25'27"W., a 21 distance of 56.18 feet; thence N.83°14'35"W., a distance of 35.52 feet; thence 22 S.73°27'37"W., a distance of 55.45 feet; thence S.16°04'40"W., a distance of 11.80 23 feet; thence S.08°43'26"E., a distance of 47.16 feet; thence S.03°53'20"W., a 24 distance of 14.59 feet; thence S.15°36'18"W., a distance of 14.67 feet; thence 25 N.88°55'31 "W., a distance of 8.77 feet; thence S.03°25'47"W., a distance of 99.98 26 feet; thence S.02°57'49"W., a distance of 17.80 feet; thence S.05°37'36"E., a 27 distance of 27.23 feet; thence S.04° 18'37"W., a distance of 80.00 feet; thence 28 S.29°03'10"W., a distance of 8.24 feet; thence S.58°12'03"W., a distance of 94.46 29 feet; thence N.44°15'14"W., a distance of 27.06 feet; thence N.05°53'54"W., a 30 distance of 25.96 feet; thence N.00°27'22"E., a distance of 17.67 feet; thence 31 N.06°04'01"E., a distance of 27.63 feet; thence N.08°28'38"E., a distance of 18.79 32 feet; thence N.05°15'40"E., a distance of 45.38 feet; thence N.03°11'25"W., a 33 distance of 68.18 feet; thence N.01'01'22"E., a distance of 189.87 feet; thence 34 N.89°07'33"W., a distance of 4.34 feet; thence N.00°59'43"E., a distance of 79.47 35 feet; thence N.07°26'49"W., a distance of 9.10 feet; thence N.80°53'10"W., a 36 distance of 10.77 feet; thence S.70°37'47"W., a distance of 107.27 feet; thence 37 S.75°11'06"W., a distance of 110.85 feet; thence N.31°25'52"W., a distance of 7.55 38 feet; thence S.45°41'00"W., a distance of 20.00 feet; thence S.12°56'49"E., a 39 distance of 17.13 feet; thence S.23°15'23"E., a distance of 148.59 feet; thence 40 S.22° 11'53"E., a distance of 87.98 feet; thence S.22°07'09"E., a distance of 53.48 41 feet; thence S.89°05'36"E., a distance of 11.23 feet; thence S.17°43'53"E., a 42 distance of 22.70 feet; thence S.21 °46'32"E., a distance of 46.95 feet; thence 43 S.24°32'10"E., a distance of 32.10 feet; thence S.16°46'14"E., a distance of 25.08 44 feet; thence S.82°11'34"W., a distance of 7.57 feet; thence S.46°06'51"W., a 45 distance of 15.15 feet; thence S.40°40'00"W., a distance of 8.26 feet; thence 46 S.75°50'28"W., a distance of 27.17 feet; thence N.34°49'37"W., a distance of 9.41 47 feet; thence N.86°53'25"W., a distance of 13.76 feet; thence S.79°27'09"W., a 48 distance of 14.28 feet; thence S.74°36'52"W., a distance of 18.07 feet; thence 49 S.62°19'33"W., a distance of 46.19 feet; thence S.64°17'02"W., a distance of 13.39 LDR Section 130-131: Lower Sugarloaf Key Community Center Overlay District P. 4 of 15 BOCC: June 16, 2010 I feet; thence S.56°50'06"W., a distance of 6.88 feet; thence S.75°59'06"W., a 2 distance of 3.58 feet; thence N.83°26'32"W., a distance of 14.66 feet; thence 3 N.66°30'52"W., a distance of 3.03 feet; thence N.34°15'31"W., a distance of 2.61 4 feet; thence N.07°05'54"W., a distance of 3.06 feet; thence N.38°42'24"W., a 5 distance of 2.31 feet; thence N.54° 10' 15 "W., a distance of 4.07 feet; thence 6 N.30°57'03"W., a distance of 4.14 feet; thence N.08°54'19"W., a distance of 17.54 7 feet; thence N.07°24'27"E., a distance of 11.48 feet; thence N.26°55'05"E., a 8 distance of 20.95 feet; thence N.36°45'25"E., a distance of 8.54 feet; thence 9 N.39°54'31 "E., a distance of 8.27 feet; thence N.42°41'53 "E., a distance of 8.81 10 feet; thence N.45°02'39"E., a distance of 10.01 feet; thence N.46°00'46"E., a 11 distance of 10.52 feet; thence N.43°30'16"E., a distance of 22.20 feet; thence 12 N.36°38'25"E., a distance of 9.34 feet; thence N.27°19'49"E., a distance of 8.71 13 feet; thence N.09°53'03 "E., a distance of 8.12 feet; thence N.14°25'46"W., a 14 distance of 5.77 feet; thence N.29°34'21 "W., a distance of 8.10 feet; thence 15 N.27°43'11"W., a distance of 8.27 feet; thence N.19°14'14"W., a distance of 6.80 16 feet; thence N.21°40'53"W., a distance of 7.56 feet; thence N.39°27'59"W., a 17 distance of 3.20 feet; thence N.67°23'31 "W., a distance of 2.51 feet; thence 18 S.83°41'23"W., a distance of 3.79 feet; thence S.62°02'51"W., a distance of 11.10 19 feet thence S.55°00'14"W., a distance of 96.97 feet; thence S.58°44'30"W., a 20 distance of 27.82 feet; thence S.71 °47'47"W., a distance of 29.56 feet; thence 21 S.66°18'30"W., a distance of 129.11 feet; thence S.77°18'41 "W., a distance of 49.70 22 feet; thence N.89°13'39"W., a distance of 18.11 feet; thence S.80°45'45"W., a 23 distance of 75.01 feet; thence N.76°26'39"W., a distance of 10.79 feet; thence 24 S.86°24'08"W., a distance of 12.48 feet; thence S.63°10'25"W., a distance of 19.95 25 feet; thence S.50°26'45"W., a distance of 9.58 feet; thence S.65°06'48"W., a 26 distance of 5.74 feet; thence S.02°28'04"W., a distance of 15.86 feet; thence 27 S.30'01'28"W., a distance of 12.67 feet; thence S.44°36'29"E., a distance of 15.15 28 feet; thence S.15°09'31 "E., a distance of 195.02 feet; thence S.15°49'58"E., a 29 distance of 26.50 feet; thence S.06°58'48"E., a distance of 24.39 feet; thence 30 S.17°44'08"W., a distance of 19.93 feet; thence S.39°59'05"W., a distance of 10.31 31 feet; thence S.54°24'35"W., a distance of 10.99 feet; thence S.68°48'10"W., a 32 distance of 11.09 feet; thence S.89°58'27"W., a distance of 21.32 feet; thence 33 N.65°14'43"W., a distance of 10.86 feet; thence N.47°15'08"W., a distance of 12.74 34 feet; thence N.28°56'26"W., a distance of 19.18 feet; thence N.13°02'50"W., a 35 distance of 63.96 feet; thence N.13'01'37"W., a distance of 70.92 feet; thence 36 N.13°36'04"W., a distance of 113.63 feet; thence N.15°10'25"W., a distance of 37 100.91 feet; thence N.59°53'45"W., a distance of 5.95 feet; thence S.75°02'38"W., 38 and leaving the said shoreline a distance of 175.86 feet; thence S.14°57'22"E., a 39 distance of 356.02 feet; thence S.59°39'59"W., a distance of 77.48 feet; thence 40 S.30°16'10"E., a distance of 269.50 feet to the said Northwesterly Right -of -Way 41 line of U.S. Highway no. 1; thence N.56°19'10"E., along the said Northwesterly 42 Right -of -Way line of U.S. Highway No. 1 a distance of 792.73 feet to the Point of 43 Beginning. Parcel contains 481,358 square feet or 10.59 acres, more or less. 44 45 46 IV CONSISTENCY 47 The proposed amendment, as a corresponding recommended policy to be adopted 48 simultaneously with the land use district amendment requested by the applicant, is consistent LDR Section 130-131: Lower Sugarloaf Key Community Center Overlay District P. 5 of 15 BOCC: June 16, 2010 1 with the Monroe County Year 2010 Comprehensive Plan. Specifically, the amendment 2 furthers: 3 4 1. Goal 101 of the Monroe County Year 2010 Comprehensive Plan considers the 5 health and safety of people and protection of natural resources. 6 7 2. Goal 105 of the Monroe County Year 2010 Comprehensive Plan recognizes the 8 finite capacity for land development while balancing development with the natural 9 environment. 10 11 3. Goal 105 of the Monroe County Year 2010 Comprehensive Plan provides a 12 framework for future development and land acquisition for the next 20 years. 13 14 4. Policy 105.1 of the Monroe County Year 2010 Comprehensive Plan implements 15 smart growth initiatives with the CommuniKeys Master Plans and Land Acquisition 16 Programs. 17 18 5. Policy 105.1.5 of the Monroe County Year 2010 Comprehensive Plan directs 19 Monroe County to direct future residential development to Tier III lands in 20 accordance with Policy 105.2.2. 21 22 6. Goal 105.2.1 of the Monroe County Year 2010 Comprehensive Plan defines Tier I 23 as environmentally sensitive, development severely restricted and the retirement of 24 privately owned vacant lands should be used for resource conservation and passive 25 recreation purposes. 26 27 7. Policy 105.2.15 of the Monroe County Year 2010 Comprehensive Plan designates 28 Community Centers within areas designated as Tier III (Infill Area). A Community 29 Center is characterized as a defined geographic area with a mix of retail, personal 30 service, office and tourist and residential uses (generally of greater than 8 units per 31 acre). 32 33 The proposed amendment, as a corresponding recommended policy to be adopted 34 simultaneously with the land use district amendment requested by the applicant, is consistent 35 with the Florida Administration Code (F.A.C.), Chapter 9J-5. Specifically, the amendment 36 furthers: 37 38 1. 9J-5.006(3)(b)4 F.A.C. ensures the protection of natural resources and historic 39 resources. 40 41 2. 9J-5.0012(3)(b)I F.A.C. protects, conserve, or enhance remaining coastal wetlands, 42 living marine resources, coastal barriers, and wildlife habitat. 43 44 3. 9J-5.0013(2)(c)3 F.A.C. protects native vegetative communities from destruction by 45 development activities. 46 47 4. 9J-5.0013(2)(c)5 F.A.C. restricts activities known to adversely affect the survival of 48 endangered and threatened wildlife. 49 LDR Section 130-131: Lower Sugarloaf Key Community Center Overlay District P. 6 of 15 BOCC: June 16, 2010 1 5. 9J-5.0013(2)(c)6 F.A.C. protects conservation of the natural functions of existing 2 soils, fisheries, wildlife habitats, rivers, bays, lakes, floodplains, harbors, wetlands 3 including estuarine marshes, freshwater beaches and shores, and marine habitats. 4 5 6. 9J-5.0013(3)(b) F.A.C. directs development away from wetlands by using land use 6 factors such as type, intensity or density, extent, distribution and location of 7 allowable land uses and the types, values, functions, sizes, conditions and locations 8 of wetlands. 9 10 The proposed amendment, as a corresponding recommended policy to be adopted 11 simultaneously with the land use district amendment requested by the applicant, is consistent 12 with Principles for Guiding Development in the Florida Keys Area of Critical State Concern 13 pursuant to F.S. Chapter 380.0552(7). Specifically, the amendment furthers: 14 15 For the purposes of reviewing consistency of the adopted plan or any amendments 16 to that plan with the principles for guiding development and any amendments to the 17 principles, the principles shall be construed as a whole and no specific provision 18 shall be construed or applied in isolation from the other provisions. 19 (a). To strengthen local government capabilities for managing land use and 20 development so that local government is able to achieve these objectives 21 without the continuation of the area of critical state concern designation. 22 (b). To protect shoreline and marine resources, including mangroves, coral reef 23 formations, seagrass beds, wetlands, fish and wildlife, and their habitat. 24 (c). To protect upland resources, tropical biological communities, freshwater 25 wetlands, native tropical vegetation (for example, hardwood hammocks and 26 pinelands), dune ridges and beaches, wildlife, and their habitat. 27 (d). To ensure the maximum well-being of the Florida Keys and its citizens 28 through sound economic development. 29 (e). To limit the adverse impacts of development on the quality of water 30 throughout the Florida Keys. 31 (f). To enhance natural scenic resources, promote the aesthetic benefits of the 32 natural environment, and ensure that development is compatible with the 33 unique historic character of the Florida Keys. 34 (g). To protect the historical heritage of the Florida Keys. 35 (h). To protect the value, efficiency, cost-effectiveness, and amortized life of 36 existing and proposed major public investments, including: 37 1. The Florida Keys Aqueduct and water supply facilities; 38 2. Sewage collection and disposal facilities; 39 3. Solid waste collection and disposal facilities; 40 4. Key West Naval Air Station and other military facilities; 41 5. Transportation facilities; 42 6. Federal parks, wildlife refuges, and marine sanctuaries; 43 7. State parks, recreation facilities, aquatic preserves, and other 44 publicly owned properties; 45 8. City electric service and the Florida Keys Electric Co-op; and 46 9. Other utilities, as appropriate. LDR Section 130-131: Lower Sugarloaf Key Community Center Overlay District P. 7 of 15 BOCC: June 16, 2010 1 (i). To limit the adverse impacts of public investments on the environmental 2 resources of the Florida Keys. 3 (j). To make available adequate affordable housing for all sectors of the 4 population of the Florida Keys. 5 (k). To provide adequate alternatives for the protection of public safety and 6 welfare in the event of a natural or manmade disaster and for a post disaster 7 reconstruction plan. 8 (1). To protect the public health, safety, and welfare of the citizens of the Florida 9 Keys and maintain the Florida Keys as a unique Florida resource. 10 11 Pursuant to Chapter 380-0552(7) Florida Statutes, the proposed amendment, as a corresponding 12 recommended policy to be adopted simultaneously with the land use district amendment requested 13 by the applicant, is consistent with the Principles for Guiding Development as a whole and is not 14 inconsistent with any Principle. 15 V ANALYSIS OF PROPOSED-DENSITIESSAND-INTENSITIES-(Exhibit B) 16 17 DESTINATION RESORT LAND USE DISTRICT (DR LUD) 18 19 Currently, the property has a land use designation of Destination Resort (DR). The DR 20 land use district permits permanent residential dwelling units, hotel rooms, affordable and 21 employee dwelling units, commercial retail and institutional nonresidential square footage. 22 The DR district does not permit recreational rental spaces, commercial fishing, marina and 23 office nonresidential square footage. 24 25 The DR LUD allows one (1) dwelling unit per acre, ten (10) hotel rooms per acre, 0.40 26 commercial retail and 0.30 institutional floor area ratios. Located in the 10.59 acres of the 27 boundary survey, the following maximum units, rooms and spaces are permitted: 28 29 30 31 32 33 34 Units, Spaces and Hotel Rooms and Nonresidential Square Footage* Residential Dwelling Units / Employee Housing Dwelling Units a Rentals Spaces Hotel Rooms Institutional FAR (square feet) Commercial Retail FAR (square feet) Destination Resort 10 105 153 212 138,390 184,520 *The density and intensity provisions are intended to be applied cumulatively so that no development shall exceed the total density limits. MIXED USE LAND USE DISTRICT (MU LUD) LDR Section 130-131: Lower Sugarloaf Key Community Center Overlay District BOCC: June 16, 2010 P.8of15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 The property owner of this site requested a Mixed Use Land Use District designation for this 10.59 acre area. The MU LUDD allows one (1) dwelling unit per acre, ten (10) hotel rooms and ten (10) recreational rental spaces per acre, 10 affordable / employee housing dwelling units per acre, and 15 hotel rooms at maximum net. The floor area ratio for commercial retail is 0.25 FAR, commercial and outdoor recreation has a FAR of 0.10, institutional, public buildings and uses and light industry has a FAR of 0.30 each and offices and commercial fishing have a FAR of 0.40 each. Located in the 10.59 acres of the boundary survey, the following maximum units, rooms and spaces are permitted: Units, Spaces and Hotel Rooms and Nonresidential Square Footage * Mixed Use Perm. Residential Dwelling Units 10 Affordable / Employee Housing Dwelling Units 105 Recreational Rentals Spaces 105 Hotel Rooms 105 Hotel - Max Net Rooms 158 Commercial Fishing FAR (square feet) 46,130 Marina FAR (square feet) 46,130 Office FAR (square feet) 138,390 Commercial Recreation FAR (square feet) 138,390 Commercial Retail FAR (square feet) 184,520 Outdoor Recreation FAR (square feet) 184,520 Institutional FAR (square feet) 184,520 Public Buildings FAR (square feet) 184,520 Light Industry FAR (square feet) 184,520 *The density and intensity provisions are intended to be applied cumulatively so that no development shall exceed the total density limits. PROPOSED OVERLAY DISTRICT To accomplish the uses desired for the community, as well as the provision of smart growth principals, Monroe County staff has proposed the development of an Overlay District to further limit the overall density for residential and hotel/motel units and intensity of commercial development related to maximum commercial floor area ratio that would be permitted within the overlay district. By creating the overlay district, the potential of large subdivisions and an overabundance of commercial floor area are diverted by limiting the density and intensity into the small scale character expressed in the draft Lower Keys Livable CommuniKeys Plan and consistent with the character and scale of the surrounding neighborhood. Monroe County staff agrees that the uses permitted in the Mixed Use Land Use District are consistent with the overall intended land use characteristics appropriate for this geographic area. However, the density and intensity of the Mixed Use Land Use District are not characteristic of the existing, surrounding area, nor is it consistent with the vision or future proposed density and intensity of the area. LDR Section 130-131: Lower Sugarloaf Key Community Center Overlay District BOCC: June 16, 2010 P. 9 of 15 2 The proposed Lower Sugarloaf Key Community Center Overlay District would allow a 3 maximum of two (2) market rate permanent residential dwelling units, a combination of 4 one hundred (100) hotel rooms and / or recreational rental spaces. The floor area ratio for 5 the office, marina, commercial retail and commercial fishing is 20,758ft2, each. However, 6 no combination of commercial retail and office space shall exceed 20,758 square feet and 7 no one nonresidential building or nonresidential structure shall exceed 10,000 square feet. 8 These uses, unlike the MU and DR LUDD are not cumulative. 9 10 11 12 13 14 15 16 17 Units, Spaces and Hotel Rooms and Nonresidential Square Footage * Overlay Perm. Residential Dwelling Units 2 Affordable / Employee Housing Dwelling Units 8 Recreational Rentals Spaces 25 Hotel Rooms 75 Commercial Retail FAR (square feet) 20,758 Office FAR (square feet) 20,758 Commercial Fishing FAR (square feet) 20,758 Marina FAR (square feet) 20,758 *No combination of commercial retail and office space shall exceed 20,758 square feet; and no one nonresidential building or nonresidential structure shall exceed 10,000 square feet; and uses are not cumulative COMPARISON OF PROPOSED OVERLAY, DR AND MU LUDDs 18 Lawfully established units and commercial floor area are sited in the Letter of 19 Development Rights Determination (Exhibit C), dated July 16, 2006. It states "The 20 `Planning Department has determined that fifty-five (55) transient dwelling units and two 21 (2) permanent dwelling units may be replaced, without going through the Residential Rate 22 of Growth Ordinance (ROGO). Additionally, eleven thousand three hundred and twenty- 23 three (11,323 ft2) of nonresidential floor area may be rebuilt without going through the 24 Nonresidential Rate of Growth Ordinance (NROGO). 25 Real Estate Number Building Ground Floor Area Units Exempt F1oorArea 00118420.000000 Motel Office and Lobby(Building1 2,462 —Exempt 1 dwellin unit 1,102ft 00118420.000000 Motel — Eastern Win(Building 2) 11,250ft 24 motel units -- 00118420.000000 Marina (Building3 1,000ft -- 1,000 00118420.000000 Restaurant(Building 4) 5,286ft -- 5,286iF 00118420.000000 Motel — Western Win (Building 5) 11,928fe 31 motel units -- 00118420.000000 Restaurant Gazebo 962ft -- 962ft 00118470.000000 Mixed -Use Building (Building 1) 4,003ft 1 dwelling unit 2,973 Total 1 1 36,891ft2 57 units 11,323ft 26 27 The table below shows what can be added beyond what is lawfully established (i.e.: the 28 existing dwelling units, transient rooms and FAR have already been accounted for) in the 29 proposed overlay, the DR and the MU LUDDs. LDR Section 130-131: Lower Sugarloaf Key Community Center Overlay District P. 10 of 15 BOCC: June 16, 2010 2 3 4 i Established Existing Structures Units, Spaces and Hotel Rooms and (LDRD August Nonresidential Square Footage * 9, 2006) Perm. Residential Dwelling Units 2 Potential Increase in Density / Intensity over what is already established Proposed Overlay Density / Intensity (minus the existing dwelling units, spaces and FAR) Destination Resort LUDD Density / Intensity (minus the existing dwelling units, spaces and FAR) Mixed Use LUDD Density / Intensity (minus the existing dwelling units, spaces and FAR) 0 8 (+) 8 units (+) Affordable / Employee Housing Dwelling Units 2 Recreational Rentals Spaces _Hotel Rooms 55 Commercial Fishing FAR (square feet) Marina FAR (square feet) 1,000 Office FAR (square feet) 1,102 6 (+) 6 units 105 (+) 25 (+) 20 (+) 50 (+) 50 (+) 20,758 (+) 184,520 (+) 19,758 (+) 19,656 (+) 183,418 (+) ] 05,074 (+) Commercial Retail FAR (square feet) 10,251 10,507 (+) 174,269 (+ Potential Increase in Density / Intensity over I what is already established Totals 51 Units and Spaces 58 Units and Spaces 169 Units and Spaces 9,435 FAR 174,269 FAR 473,012 FAR There is a noticeable increase of densities and intensities between the proposed Lower Sugarloaf Key Community Center Overlay District, the DR and MU LUDDs. 7 The proposed overlay will allow recreational rental spaces and commercial fishing floor 8 area. In the proposed new land use district, an additional 51 dwelling units and recreational 9 rental spaces and an additional 9,435 ft2 of commercial floor area would be permitted 10 above what is already lawfully established on the property. 11 12 In the DR LUDD, there is a potential increase of fifty-eight (58) units and 174,269fof 13 commercial floor area. The DR LUDD does not permit affordable housing dwelling units, 14 recreational rental spaces, or any floor area for commercial fishing, marinas or offices 15 which would be permitted in the overlay district. In the MU LUDD, a potential increase in 16 the density and intensity would permit an additional 169 dwelling units, rooms and spaces 17 and an additional 473,012ft2 of floor area. Unlike the DR and MU LUDDs, the proposed 18 overlay district number of units, rooms and spaces are not cumulative, the commercial 19 retail and office space does not exceed 20,758ft2 and any nonresidential structure will not 20 exceed 10,000ft2. 21 22 VI . PR . POSEDLAND -DEVELOPMENT REGULATION TEXT 23 (Deletions are stfielen Offe and additions are underlined.) 24 25 Section 1. Chapter 130, Article VII Division 2 shall be amended as follows: 26 27 Section 130-131. Lower Sugarloaf Key Community Center Overlay District 28 29 (a) The purpose of the Lower Sugarloaf Key Community Center Overlay District is 30 to implement the policies of the comprehensive plan, to protect the natural and 31 man-made historic resources of the community and to encourage development that 32 maintains the small scale and low intensity of Lower Sugarloaf Key. goal is to 33 protect and maintain the historic character of the densities and intensities within the 34 Lower Sugarloaf Kev Community Center Overlav District. W LDR Section 130-131: Lower Sugarloaf Key Community Center Overlay District BOCC: June 16, 2010 P. 1 ] of 15 I (b) The Lower Sugarloaf Key Community Center Overlay District, shown on 2 attached Boundary Survey, Exhibit A, and is comprised of the following_ property 3 legally described as: 5 Legal Description: 6 Total Land: 7 A portion of Government Lot 3 and Portion of Government Lot 4, Section 3 8 Township 67 South, Range 27 East and a portion of Government Lot 3, Section 34, 9 Township 66 South, Range 27 East, Sugarloaf Key, Monroe County, Florida and 10 being more particularly described as follows (All references to Government Lot 11 Lines arewr Bailey's Survey of Sugarloaf Properties, December 22. 1972): 12 13 Begin at the intersection of the Northwesterly Line of U.S. Highway No. 1 (State 14 Road No. 5) and the West Line of Government Lot 3, of said Section 3, thence 15 N.00° 16'32"E., along the said Government Lot Line a distance of 60.28 feet; 16 thence N.56° 19' 10"E., along the said Northwesterly Right -of -Way Line of U.S. 17 Hi away No. 1 a distance of 644.56 feet; thence N.33°41'00"W., a distance of 18 110.00 feet; thence N.56°19'10"E., a distance of 157.47 feet thence meander the 19 Mean High Tide Line along natural shoreline, Concrete Seawalls, and man made 20 canals for the following 112 metes and bounds, thence S.89°59'13"W., a distance 21 of 39.25 feet, thence S.63°40'43"W., a distance of 125.84 feet, thence 22 S.52°19'26"W., a distance of 139.22 feet; thence S.81 °00'25"W., a distance of 28.60 23 feet; thence N.49°28'21 "W., a distance of 36.77 feet; thence N.44°25'27"W., a 24 distance of 56.18 feet; thence N.83°14'35"W., a distance of 35.52 feet; thence 25 S.73°27'37"W., a distance of 55.45 feet, thence S.16°04'40"W., a distance of 11.80 26 feet; thence S.08°43'26"E., a distance of 47.16 feet; thence S.03°53'20"W., a 27 distance of 14.59 feet, thence S.15°36'18"W., a distance of 14.67 feet; thence 28 N.88°55'31 "W., a distance of 8.77 feet; thence S.03°25'47"W., a distance of 99.98 29 feet; thence S.02°57'49"W., a distance of 17.80 feet; thence S.05°37'36"E., a 30 distance of 27.23 feet; thence S.04°18'37"W., a distance of 80.00 feet; thence 31 S.29°03'10"W., a distance of 8.24 feet; thence S.58°12'03"W., a distance of 94.46 32 feet; thence N.44°15'14"W., a distance of 27.06 feet, thence N.05°53'54"W., a 33 distance of 25.96 feet, thence N.00°27'22"E., a distance of 17.67 feet, thence 34 N.06°04'01"E., a distance of 27.63 feet; thence N.08°28'38"E., a distance of 18.79 35 feet; thence N.05°15'40"E., a distance of 45.38 feet; thence N.03°11'25"W., a 36 distance of 68.18 feet; thence N.01'01'22"E., a distance of 189.87 feet; thence 37 N.89°07'33"W., a distance of 4.34 feet, thence N.00°59'43"E., a distance of 79.47 38 feet; thence N.07°26'49"W., a distance of 9.10 feet; thence N.80°53'10"W., a 39 distance of 10.77 feet; thence S.70°37'47"W., a distance of 107.27 feet, thence 40 S.75°11'06"W., a distance of 110.85 feet; thence N.31°25'52"W., a distance of 7.55 41 feet; thence S.45°41'00"W., a distance of 20.00 feet; thence S.12°56'49"E., a 42 distance of 17.13 feet; thence S.23°15'23"E., a distance of 148.59 feet; thence 43 S.22°11'53"E., a distance of 87.98 feet; thence S.22°07'09"E., a distance of 53.48 44 feet; thence S.89°05'36"E., a distance of 11.23 feet; thence S.17°43'53"E., a 45 distance of 22.70 feet; thence S.21 °46'32"E., a distance of 46.95 feet; thence 46 S.24°32'10"E., a distance of 32.10 feet; thence S.16°46'14"E., a distance of 25.08 47 feet; thence S.82° 11'34"W., a distance of 7.57 feet, thence S.46°06'51 "W., a 48 distance of 15.15 feet; thence S.40°40'00"W., a distance of 8.26 feet, thence 49 S.75°50'28"W., a distance of 27.17 feet; thence N.34°49'37"W., a distance of 9.41 LDR Section 130-131: Lower Sugarloaf Key Community Center Overlay District P. 12 of 15 BOCC: June 16, 2010 1 feet, thence N.86°53'25"W., a distance of 13.76 feet, thence S.79°27'09"W. a 2 distance of 14.28 feet; thence S.74°36'52"W., a distance of 18.07 feet; thence 3 S.62°19'33"W., a distance of 46.19 feet; thence S.64°17'02"W., a distance of 13.39 4 feet; thence S.56°50'06"W., a distance of 6.88 feet, thence S.75°59'06"W. a 5 distance of 3.58 feet; thence N.83°26'32"W., a distance of 14.66 feet; thence 6 N.66°30'52"W., a distance of 3.03 feet; thence N.34°15'31"W., a distance of 2.61 7 feet; thence N.07°05'54"W., a distance of 3.06 feet; thence N.38°42'24"W. a 8 distance of 2.31 feet; thence N.54° 10' 15 "W., a distance of 4.07 feet; thence 9 N.30°57'03"W., a distance of 4.14 feet, thence N.08°54'19"W., a distance of 17.54 10 feet; thence N.07°24'27"E., a distance of 11.48 feet; thence N.26°55'05"E. a 11 distance of 20.95 feet; thence N.36°45'25"E., a distance of 8.54 feet; thence 12 N.39°54'31"E., a distance of 8.27 feet; thence N.42°41'53"E., a distance of 8.81 13 feet; thence N.45°02'39"E., a distance of 10.01 feet; thence N.46°00'46"E. a 14 distance of 10.52 feet; thence N.43°30'16"E., a distance of 22.20 feet; thence 15 N.36°38'25"E., a distance of 9.34 feet; thence N.27°19'49"E., a distance of 8.71 16 feet; thence N.09°53'03"E., a distance of 8.12 feet; thence N.14°25'46"W., a 17 distance of 5.77 feet; thence N.29°34'21 "W., a distance of 8.10 feet; thence 18 N.27°43'11"W., a distance of 8.27 feet; thence N.19°14'14"W., a distance of 6.80 19 feet; thence N.21°40'53"W., a distance of 7.56 feet; thence N.39°27'59"W. a 20 distance of 3.20 feet; thence N.67°23'31 "W., a distance of 2.51 feet; thence 21 S.83°41'23"W., a distance of 3.79 feet; thence S.62°02'51"W., a distance of 11.10 22 feet thence S.55°00'14"W., a distance of 96.97 feet; thence S.58°44'30"W., a 23 distance of 27.82 feet; thence S.71 °47'47"W., a distance of 29.56 feet; thence 24 S.66° 18'30"W., a distance of 129.11 feet; thence S.77° 18'41 "W., a distance of 49.70 25 feet; thence N.89°13'39"W., a distance of 18.11 feet; thence S.80°45'45"W. a 26 distance of 75.01 feet; thence N.76°26'39"W., a distance of 10.79 feet; thence 27 S.86°24'08"W., a distance of 12.48 feet; thence S.63°10'25"W., a distance of 19.95 28 feet; thence S.50°26'45"W., a distance of 9.58 feet; thence S.65°06'48"W., a 29 distance of 5.74 feet; thence S.02°28'04"W., a distance of 15.86 feet; thence 30 S.30'01'28"W., a distance of 12.67 feet; thence S.44°36'29"E., a distance of 15.15 31 feet; thence S.15°09'31 "E., a distance of 195.02 feet; thence S.15°49'58"E. a 32 distance of 26.50 feet; thence S.06°58'48"E., a distance of 24.39 feet; thence 33 S.17°44'08"W., a distance of 19.93 feet; thence S.39°59'05"W., a distance of 10.31 34 feet; thence S.54°24'35"W., a distance of 10.99 feet; thence S.68°48'10"W., a 35 distance of 11.09 feet; thence S.89°58'27"W., a distance of 21.32 feet; thence 36 N.65°14'43"W., a distance of 10.86 feet; thence N.47°15'08"W., a distance of 12.74 37 feet; thence N.28°56'26"W., a distance of 19.18 feet; thence N.13°02'50"W. a 38 distance of 63.96 feet; thence N.13'01'37"W., a distance of 70.92 feet; thence 39 N.13°36'04"W., a distance of 113.63 feet; thence N.15°10'25"W., a distance of 40 100.91 feet; thence N.59°53'45"W., a distance of 5.95 feet; thence S.75°02'38"W. 41 and leaving the said shoreline a distance of 175.86 feet; thence S.14°57'22"E., a 42 distance of 356.02 feet; thence S.59°39'59"W., a distance of 77.48 feet; thence 43 S.30°16'10"E., a distance of 269.50 feet to the said Northwesterly Ri t-of-Way 44 line of U.S. Highway no. 1; thence N.56°19'10"E., along the said Northwesterly 45 Right -of -Way line of U.S. Highway No. 1 a distance of 792.73 feet to the Point of 46 Beginning. Parcel contains 481,358 square feet or 10.59 acres, more or less. EM LDR Section 130-131: Lower Sugarloaf Key Community Center Overlay District P. 13 of 15 BOCC: June 16, 2010 I (c) The uses within the overlay district shall be subject to all land development 2 re lations i.e setbacks, heights, etc.) including minor conditional and major 3 conditional use regulations of the Monroe County Code. 5 (d) The Lower Sugarloaf Key Community Center Overlay District densities shall be 6 enforced, in lieu of Section 130-157 Maximum Residential Density and District 7 Open Space and Section 130-162 Maximum Hotel -Motel, RVs and Institutional 8 Residential Densities, and the intensities shall be enforced, in lieu of Section 130- 9 164 Maximum Nonresidential Land Use Intensities and Open Space Ratios and 10 only within the boundaries of the district. 11 12 The uses within the overlay district shall be developed with the following density 13 and intensity regulations: 14 15 TABLE INSET: 16 17 (1) Density and Intensity_ 18 (a) For the purposes of this overlay district, uses with corresponding density 19 intensity thresholds shall not be cumulative, except no combination of 20 commercial retail and office shall exceed 20,758ft2 FAR. 21 22 23 24 25 26 27 MAXIMUM DENSITY / INTENSITY BY PROPOSED LOWER SUGARLOAF KEY COMMUNITY CENTER OVERLAY DISTRICT Land Um Dmaiw/[ smily Size of Site (mWandl Max Allowed Perm. Residential 0.25 units per acre 10.59 acres 2 units Hotel A combination of 100 hotel rooms 10.59 acres A combination of 100 hotl rooms Recreational Rentals and/or recreational rental spaces 10.59 acres and/or recreational rental spaces Office 0.045 FAR 461 300.4 s .ft 20 758 s .ft. Commercial Retail - Medium 0.045 FAR 461 300.4 s .ft 20,758 s .ft. Marina 0.045 FAR 461 300.4 s .ft 20,758 s .ft. Commercial Fishing 0.045 FAR 461 300.4 s .ft 20,758 s .ft. TOTAL DENSITY Residential: 100 transient 2 market rate units TOTAL INTENSITY(' 1,3) Floor Area: 20,758 sq. ft. Affordable / Employee Housing 0.75 units ver acre 10.59 acres 8 Unit ("These These uses shall not be cumulative. Z) No combination of commercial retail and office shall exceed 20 758 s .ft. FAR. (3) Maximum square footage of any one building or structure shall not exceed 10,000 sq.ft. *Maximum square footage of any one building or structure shall not exceed 10,000 square feet. However, cumulative square footage is governed by floor area ratio maximums. The intent of this limitation is to prevent large scale, out of character retail or commercial development. (2) No Open Space Ratios are modified by this Section 130-131. LDR Section 130-131: Lower Sugarloaf Key Community Center Overlay District BOCC: June 16, 2010 P. 14 of 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 VII STAFF RECOMMENDATION Staff is requesting approval of the overlay district only if corresponding proposed Mixed Use land use district amendment request by the applicant is approved. The request for the Mixed Use LUDD amendment will be heard at the July 14, 2010 BOCC hearing in conjunction with the second (2nd) public hearing of this proposed overlay district. VIII EXHIBITS A. Boundary Survey of Proposed Overlay District and Corresponding Land Use District Page 1 and Page 2 B. Maximum Density / Intensity by Current Land Development Regulation (LDR) without Overlay" and "Maximum Density / Intensity by Proposed Lower Sugarloaf Key Community Center Overlay District" C. Letter of Development Rights Determination, August 9, 2006 LDR Section 130-131: Lower Sugarloaf Key Community Center Overlay District BOCC: June 16, 2010 P. 15 of 15 ORDINANCE -2010 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CREATING SECTION 130-131 OF THE MONROE COUNTY LAND DEVELOPMENT CODE, CREATING THE LOWER SUGARLOAF KEY COMMUNITY CENTER OVERLAY DISTRICT FOR REAL ESTATE NUMBER 00118470.000000 AND FOR PORTIONS OF PARCELS HAVING REAL ESTATE NUMBERS 00118420.000000 AND 00117930.000000 DESCRIBED AS A PORTION OF GOVERNMENT LOT 3 AND PORTION OF GOVERNMENT LOT 4, SECTION 3, TOWNSHIP 67 SOUTH, RANGE 27 EAST AND A PORTION OF GOVERNMENT LOT 3, SECTION 34, TOWNSHIP 66 SOUTH, RANGE 27 EAST, SUGARLOAF KEY, MONROE COUNTY, FLORIDA AND A PORTION OF GOVERNMENT LOT 3, SECTION 34, TOWNSHIP 66 SOUTH, RANGE 27 EAST, SUGARLOAF KEY, MONROE COUNTY, FLORIDA LOWER SUGARLOAF KEY GULF SIDE AT APPROXIMATELY MILE MARKER 17; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS AND THE SECRETARY OF STATE; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the purpose of the Lower Sugarloaf Key Community Center Overlay District is to implement the policies of the comprehensive plan, to protect the natural and man-made historic resources of the community and to encourage development that maintains the small scale and low intensity of Lower Sugarloaf Key; and WHEREAS, the goal is to protect and maintain the historic character of the densities and intensities within the Lower Sugarloaf Key Community Center Overlay District; and WHEREAS, the proposed amendment is consistent with the Monroe County Year 2010 Comprehensive Plan; and WHEREAS, the proposed amendment is consistent with the Florida Administration Code (F.A.C.), Chapter 9J-5; and WHEREAS, the proposed amendment is consistent with the Principles for Guiding Development as a whole and is not inconsistent with any Principle; and WHEREAS, this ordinance was recommended for approval to the Board of County Commissioners by the Planning Commission at its meeting of April 28, 2010; NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: (Deletions are stfielorn fiffe and additions are underlined.) Section 1. Chapter 130, Article VII Division 2 shall be amended as follows: Section 130-131. Lower Sugarloaf Key Community Center Overlay District (a) The purpose of the Lower Sugarloaf Key Community Center Overlay District is to implement the policies of the comprehensive plan, to protect the natural and man-made historic resources of the community and to encourage development that maintains the small scale and low intensity of Lower Sugarloaf Key. The goal is to protect and maintain the historic character of the densities and intensities within the Lower Sugarloaf Key Community Center Overlay District. (b) The Lower Sugarloaf Key Community Center Overlay District, shown on attached Boundary Survey, Exhibit A, is comprised of the following property legally described as: Legal Description: Total Land: A portion of Government Lot 3 and Portion of Government Lot 4, Section 3, Township 67 South, Range 27 East and a portion of Government Lot 3, Section 34, Township 66 South, Range 27 East, Sugarloaf Key, Monroe County Florida and being more particularly described as follows (All references to Government Lot Lines are per Bailey's Survey f Sugarloaf Properties, December 22, 1972): Begin at the intersection of the Northwesterly Line of U.S. Hi way No. 1 (State Road No. 5) and the West Line of Government Lot 3, of said Section 3; thence N.00°16'32"E., along the said Government Lot Line a distance of 60.28 feet,• thence N.56° 19' 10"E., along the said Northwesterly Right -of -Way Line of U.S. Highway No. 1 a distance of 644.56 feet, thence N.33°41'00"W., a distance of 110.00 feet; thence N.56°19'10"E., a distance of 157.47 feet thence meander the Mean High Tide Line along natural shoreline, Concrete Seawalls, and man made canals for the following 112 metes and bounds; thence S.89'59' 13 "W., a distance of 39.25 feet; thence S.63°40'43"W., a distance of 125.84 feet; thence S.52° 19'26"W., a distance of 139.22 feet; thence S.81 °00'25 "W., a distance of 28.60 feet; thence N.49°28'21 "W., a distance of 36.77 feet; thence N.44°25'27"W., a distance of 56.18 feet, thence N.83°14'35"W., a distance of 35.52 feet, thence S.73°27'37"W., a distance of 55.45 feet; thence S.16°04'40"W., a distance of 11.80 feet; thence S.08°43'26"E., a distance of 47.16 feet; thence S.03°53'20"W., a distance of 14.59 feet; thence S.15°36'18"W. a distance of 14.67 feet; thence N.88°55'31 "W., a distance of 8.77 feet; thence S.03°25'47"W., a distance of 99.98 feet; thence S.02°57'49"W., a distance of 17.80 feet; thence S.05°37'36"E., a distance of 27.23 feet; thence S.04°18'37"W., a distance of 80.00 feet; thence S.29°03'10"W., a distance of 8.24 feet; thence S.58° 12'03 "W., a distance of 94.46 feet, thence N.44° 15' 14"W., a distance of 27.06 feet; thence N.05°53'54"W., a distance of 25.96 feet; thence N.00°27'22"E., a distance of 17.67 feet; thence N.06°04'01 "E., a distance of 27.63 feet; thence N.08°28'38"E., a distance of 18.79 feet; thence N 05°15'40"E a distance of 45.38 feet; thence N.03 ° 11'25 "W., a distance of 68.18 feet; thence N 01 °01'22"E a distance of 189.87 feet; thence N.89°07'33"W., a distance of 4.34 feet; thence N.00°59'43"E., a distance of 79.47 feet; thence N.07°26'49"W a distance of 9.10 feet; thence N.80°53'10"W., a distance of 10.77 feet; thence S 70°37'47"W a distance of 107.27 feet; thence S.75°11'06"W. a distance of 110.85 feet; thence N.31°25'52"W., a distance of 7.55 feet; thence S.45°41'00"W a distance of 20.00 feet; thence S.12°56'49"E., a distance of 17.13 feet; thence S 23 ° 15'23 "E a distance of 148.59 feet; thence S.22° 1 P53 "E., a distance of 87.98 feet; thence S.22°07'09"E., a distance of 53.48 feet; thence S 89°05'36"E a distance of 11.23 feet; thence S.17°43'53 "E., a distance of 22.70 feet; thence S 21 °46'32"E a distance of 46.95 feet, thence S.24°32'10"E., a distance of 32.10 feet,• thence S.16°46'14"E., a distance of 25.08 feet; thence S.82°11'34"W a distance of 7.57 feet, thence S.46°06'51 "W., a distance of 15.15 feet; thence S 40°40'00"W a distance of 8.26 feet; thence S.75°50'28"W., a distance of 27.17 feet; thence N.34°49'37"W., a distance of 9.41 feet; thence N.86°53'25"W a distance of 13.76 feet; thence S.79°27'09"W., a distance of 14.28 feet; thence S 74°36'52"W a distance of 18.07 feet; thence S.62°19'33"W., a distance of 46.19 feet; thence S.64°17'02"W., a distance of 13.39 feet; thence S.56°50'06"W a distance of 6.88 feet; thence S.75°59'06"W., a distance of 3.58 feet; thence N 83°26'32"W a distance of 14.66 feet; thence N.66°30'52"W., a distance of 3.03 feet; thence N.34°15'31 "W., a distance of 2.61 feet; thence N.07°05'54"W a distance of 3.06 feet; thence N.38°42'24"W., a distance of 2.31 feet; thence N 54°10'15"W a distance of 4.07 feet; thence N.30°57'03"W., a distance of 4.14 feet; thence N.08°54'19"W., a distance of 17.54 feet; thence N 07°24'27"E a distance of 11.48 feet; thence N.26°55'05"E., a distance of 20.95 feet,• thence N 36°45'25"E a distance of 8.54 feet; thence N.39°54'31 "E., a distance of 8.27 feet; thence N.42°41'53 "E., a distance of 8.81 feet; thence N.45°02'39"E a distance of 10.01 feet; thence N.46°00'46"E., a distance of 10.52 feet; thence N 43°30'16"E a distance of 22.20 feet; thence N.36°38'25"E., a distance of 9.34 feet; thence N.27°19'49"E., a distance of 8.71 feet; thence N.09°53'03"E a distance of 8.12 feet; thence N.14°25'46"W., a distance of 5.77 feet; thence N 29°34'21 "W a distance of 8.10 feet; thence N.27°43'11 "W. a distance of 8.27 feet; thence N.19°14'14"W., a distance of 6.80 feet; thence N.21°40'53"W a distance of 7.56 feet; thence N.39°27'59"W., a distance of 3.20 feet; thence N 67°23'31 "W a distance of 2.51 feet; thence S.83°41'23"W., a distance of 3.79 feet; thence S.62°02'51 "W., a distance of 11.10 feet thence S.55°00'14"W a distance of 96.97 feet; thence S.58°44'30"W., a distance of 27.82 feet; thence S 71 °47'47"W a distance of 29.56 feet; thence S.66°18'30"W., a distance of 129.11 feet; thence S.77°18'41 "W., a distance of 49.70 feet; thence N.89°13'39"W a distance of 18.11 feet; thence S.80°45'45"W., a distance of 75.01 feet; thence N 76°26'39"W a distance of 10.79 feet, thence S.86°24'08"W., a distance of 12.48 feet; thence S.63°10'25"W., a distance of 19.95 feet; thence S.50°26'45"W a distance of 9.58 feet; thence S.65°06'48"W., a distance of 5.74 feet; thence S 02°28'04"W a distance of 15.86 feet; thence S.30'01'28"W., a distance of 12.67 feet,• thence S.44°36'29"E., a distance of 15.15 feet; thence S.15009'31 "E., a distance of 195.02 feet; thence S.15°49'58"E., a distance of 26.50 feet; thence S.06058148"E. a distance of 24.39 feet; thence S. 17'44'08 "W.,a distance of 19.93 feet; thence S.39059'05"W., a distance of 10.31 feet; thence S.54°24'35"W., a distance of 10.99 feet; thence S.68048'10"W., a distance of 11.09 feet; thence S.89058'27"W. a distance of 21.32 feet; thence N.65°14'43"W., a distance of 10.86 feet; thence N.47015'08"W., a distance of 12.74 feet; thence N.28°56'26"W., a distance of 19.18 feet; thence N.13002'50"W., a distance of 63.96 feet; thence N.13001'37"W., a distance of 70.92 feet; thence N.13036'04"W., a distance of 113.63 feet, thence N.15010'25 "W., a distance of 100.91 feet; thence N.59053'45"W., a distance of 5.95 feet; thence S.75002'38"W., and leaving the said shoreline a distance of 175.86 feet; thence S.14°57'22"E., a distance of 356.02 feet; thence S.59039'59"W., a distance of 77.48 feet,• thence S.30016'10"E a distance of 269.50 feet to the said Northwesterly Right -of -Way line of U.S. Highway no. 1; thence N.56019'10"E., along the said Northwesterly Ri t-of- Way line of U.S. Highway No. 1 a distance of 792.73 feet to the Point of Be ig'nning. Parcel contains 481,358 square feet or 10.59 acres, more or less. (c) The uses within the overlay district shall be subject to all land development regulations (i.e setbacks, heights, etc.) including minor conditional and major conditional use regulations of the Monroe County Code. (d) The Lower Sugarloaf Key Community Center Overlay District densities shall be enforced, in lieu of Section 130-157 Maximum Residential Density and District Open Space and Section 130-162 Maximum Hotel -Motel, RVs and Institutional Residential Densities, and the intensities shall be enforced in lieu of Section 130-164 Maximum Nonresidential Land Use Intensities and Open Space Ratios and only within the boundaries of the district. The uses within the overlay district shall be developed with the following density and intensity regulations: (1) Density and Intensity_ (a) For the purposes of this overlay district, uses with corresponding density intensity thresholds shall not be cumulative; and (b) No combination of commercial retail and office shall exceed 20,758ft2 FAR. TABLE INSET: *Maximum square footage of any one building or structure shall not exceed 10,000 square feet. However, cumulative square footage is governed by floor area ratio maximums. The intent of this limitation is to prevent large scale out of character retail or commercial development. (2) No Open Space Ratios are modified by Section 130-131. Section 2. This ordinance is contingent upon the passage by the Board of County Commissioners and the approval of the Department of Community Affairs of the ordinance allowing the amendment to the land use district map designation submitted by Lloyd A. Good., Jr., for the same property legally described above, shown on Exhibit A. It is contingent upon the resolution of any appellate proceedings for this ordinance and the ordinance concerning the land use designation amendment for the same property. Section 3. Severability. If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or provision immediately involved in the controversy in which such judgment or decree shall be rendered. Section 4. Conflicting Provisions. In the case of direct conflict between any provision of this ordinance and a portion or provision of any appropriate federal, state, or County law, rule code or regulation, the more restrictive shall apply. Section 5. Transmittal. This ordinance shall be transmitted by the Planning and Environmental Resources Department to the Florida Department of Community Affairs as required by F.S. 380.05(11) and F.S. 380.0552(9). Section 6. Filing. This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not become effective until a notice is issued by the Department of Community Affairs or Administration Commission approving the ordinance. Section 7. Inclusion in the Monroe County Code. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition to amendment thereto, and shall be appropriately renumbered to conform to the uniform marking system of the Code. Section 8. Effective Date. This ordinance shall become effective as provided by law and stated above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of , 2010. Mayor Sylvia J. Murphy Mayor pro tem Heather Carruthers Commissioner Kim Wigington Commissioner George Neugent Commissioner Mario Di Gennaro MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, CLERK By By Deputy Clerk Mayor Sylvia J. Murphy _�F�y Raw.I HWHISM _S' SUN r • � � '�., q c e -�a}II` V`E^,- I •��.`y.X- \+. n \ S Ee �r, � c�3 •tIYS€=__ s-SI EF'm eta s e C MCI tgr� o� \ .�, pE_F�,.� -tea -_ -_'�. ._�_ _ = - _ •�" z� :. n$ `�,/r c4` 'i•` `bad uE= '"-"_ -=' sue' . ° Hip nF y cep r x HEN", _F�E� _Yx 1 Ic FI \\�V .� •'�'•d �.� q„� .co mast :4j74as, •y°k `\ c era^ f��'E a� IRIS =e 96 wit ry l''r S�Y57x ya• c, t o z � 7 ul i J lz f2 7r If AQ E+ H a N rlo U w'4 N 110 tr) W) O N O C� N, N N Q N. R M V. 06 yca 00 V) N 00 't y p 00 M O p 00 oo O 00 p .y C 42 ... tn a a A YC. �0 N •W VI m N a W en to N O 0 h V] y BO O tn W N pp v) O O O N in N C N R L- 17 '^ N p b Inas W L7a Yr L tn N U in RE rl O o F c c O v. v. v. m %• .D O$ CD-- N 'n I M con Ooo N v. "q '$ atn v) N in v) C C� 3 p to a`n� O 'n r r r v) N H C� M W,� O rs O O O N CA N U A �o 00 In NR �'.tn O O ++ ct� 4: 0 ct� U d GoQ'- r. 0 � U` `n 0 0 >� O •--' o M 0 M o .-+ O M C o M C ,a3 O O M O M C .--� O M C O O O y Qn Y b w mow: QooQoQo v)0" F.0 W d w wd w d w d V 00 axi Z z �+ 0 f� `n U A O O O ate1 O y O A V1 � N 'iii O x w x O x w x } N CS v. z �+ O N H O 0 Cd bi o .b > r�� Wti v, O o o o o tw 0- U O oj w x w '0 a N w C dcd U Il Ec! c U o O�a;U1�U d x O a U U ¢ d Z xo 14 EMBIT C • County of Monroe Planning Deaartment 2798 Overseas Highway Suite 410 Marathon, FL 33050 Voice: (305) 289-2500 FAX: (305) 289-2536 41 Board of Countv Commissioners Mayor Charles McCoy, Dist 3 Mayor Pro Tern Dixie Spehar, Dist 1 George Neugent, Dist 2 Vacant, Dist 4 Glenn Patton, Dist 5 We strive to be caring, professional and fair August 9, 2006 Lloyd Good 17001 Overseas Highway Sugarloaf Key, FL 33042 RE: LETTER OF DEVELOPMENT RIGHTS DETERMINATION FOR THE SUGARLOAF LODGE PROPERTY, LOCATED ON TWO PARCELS ON SUGARLOAF KEY HAVING THE REAL ESTATE NUMBERS 00118420.000000 AND 00118470.000000 Mr. Good, You requested a determination as to the number of dwelling units that may be rebuilt and exempt from the Residential Rate of Growth Ordinance (ROGO) and the amount of nonresidential square footage that may be rebuilt and exempt from the Non -Residential Rate of Growth Ordinance (NROGO) on the above -described premises. Based upon further review of additional records and new information, this letter shall serve as a revision to an earlier development rights determination for the subject property, provided by the Planning Department on July 19, 2006. I. BACKGROUND INFORMATION The applicant is proposing to redevelop Sugarloaf Lodge, an existing resort on Sugarloaf Key. The resort is a mixed -use development, consisting of a motel, restaurant, marina, bank, real estate office, gas station, convenience store and post office. There are six (6) structures located on two (2) parcels and the subject parcels have a total land area of approximately twenty-eight (28) acres. The applicant asserts that fifty-five (55) transient motel rooms and two (2) permanent apartments are lawfully -established and thereby exempt from ROGO. In addition, the applicant asserts that the existing nonresidential structures are lawfully -established and the floor area is thereby exempt from NROGO. H. REVIEW OF RECORDS FOR RE 00118420.000000 Sugarloaf Lodge, Letter of Development Rights Determination (RE 00118420.000000 & RE 00118470.000000) Page 1 of 12 1. The parcel identified as RE 00118420.000000 has a legal description of 3 67 27 Y67703-03 SUGARLOAF KEY PT LOT 3 & PT LOT 4 OR557-330-331 OR557-332-338 CASE #75- 102-CP-12 OR888-116/120 OR1039-18/20E(LD). 2. The parcel is currently located in a Destination Resort (DR) Land Use District. Resort hotels and their accessory uses are permitted in the DR District with minor conditional use approval. Concerning permanent residential uses, single-family, detached dwellings are permitted as - of -right and attached dwellings may be permitted with major conditional use approval. Prior to 1986, the parcel was divided within four zoning districts—RU-7 (Residential Tourist), BU-1 (Light Business), BU-2 (Medium Business) and GU (General Use). 3. According to the Monroe County's Property Appraiser's records, there are five (5) buildings on the parcel. The structure described as Building 1 is the motel office and lobby building; Building 2 is the eastern wing of the motel; Building 3 is the marina building; Building 4 is the restaurant; and Building 5 is the western wing of the motel. These records are supported by an unofficial land survey by Frederick H. Hildebrandt, dated July 25, 2005. 4. There are fifty-five (55) existing motel rooms on the parcel. Motel rooms are considered transient residential dwelling units. In addition, there is one (1) permanent residential dwelling unit on the parcel. MCC Sec. 9.5-120.4 and Administrative Interpretation 03-108 provide criteria to determine whether or not a dwelling unit was lawfully -established: (a) The residential use was allowed at the time the motel was built in the 1960s. In addition, the property is currently located in a DR District, which permits resort hotels with minor conditional use approval and permanent attached dwelling units and employee housing with major conditional use approval. (b) Site visits were conducted by a Monroe County Planner, Joseph Haberman, on May 24, 2006 and on July 27, 2006. Two (2) motel buildings, consisting of fifty-five (55) transient dwelling units, were observed on the property. The one-story eastern wing of the motel (Building 2) consisted of twenty-four (24) motel rooms and the two-story western wing of the motel (Building 5) consisted of thirty-one (3 1) motel rooms. Of the motel rooms, fifty-four (54) were single -rooms and one (1) was a double -room suite (Room 201). There was evidence of electric and water service to all of the rooms. In addition, there was one (1) apartment within the motel office and lobby building (Building 1). It appeared to be occupied by a long-term tenant. (c) No original Building Permit for the motel or apartment was located for review. However, the building permit history supports the existence of fifty-five (55) transient dwelling units and one (1) permanent dwelling unit. Sugarloaf Lodge, Letter of Development Rights Determination (RE 00118420.000000 & RE 00118470.000000) Page 2 of 12 • 0 Most notably, as part of Building Permit A2654, issued in 1977, the applicant submitted an un-scaled map of the Sugarloaf Lodge property showing fifty-five (55) motel rooms having the same configuration and room numbers as the currently existing motel rooms. In addition, the diagram shows the building in which the apartment is located. Further, Building Permits A2800 (1977), 891-1490 (1989), 941-0422 (1994), 941- 0516 (1994), 941-0465 (1994), 941-0813 (1994), 941-1471 (1995), 951-0574 (1997) and 981-1766 (1998) support the existence of the motel and indicate that it has remained in continuous operation on the property. (d) The Monroe County Property Appraiser's records for RE 00118420.000000 show a building value on the parcel from 1982 to present. There are currently five (5) buildings attributed to the property, a figure consistent with records from 1994, which indicate the existence of the same five (5) buildings. No records for 1990 were located for review. The years built of the two (2) motel buildings, Buildings 2 and 5, are indicated as 1960 and 1966, respectively. Appraiser's notes from 1997 indicate that the Sugarloaf Lodge consisted of fifty-five (55) units. The year built of the motel office and lobby building, Building 1, is indicated as 1968. (e) Aerial photography from 1982 to present confirms the continuous existence of the two (2) motel buildings (Buildings 2 and 5) and the motel office and lobby building (Building 1). (f) The Sugarloaf Lodge has a valid occupational license for 2005. According to the license from 2005, the motel has a new business date of September 30, 1962 and the number of units is specified as fifty-five (55). An occupational license for 1993-1994 was also found for Sugarloaf Lodge. However, the license from 1994 did not provide a total number of rooms. No additional occupational licenses were submitted for review. (g) On a building floor plan for the motel office and lobby building (Building 1), produced by Clifford W. Wright and dated April 13, 1966, the apartment is specified as existing within the building and is illustrated in its current configuration. (h) Florida Keys Aqueduct Authority records indicate that water service has been provided to the property since the 1950s. Based on a review of the records, on the parcel identified as RE 00118420.000000, the Planning Department has determined that twenty-four (24) transient dwelling units in the eastern wing of the motel (Building 2) and thirty-one (31) transient dwelling units in the western wing of the motel (Building 5) are lawfully -established. Of these lawfully - Sugarloaf Lodge, Letter of Development Rights Determination (RE 00118420.000000 & RE 00118470.000000) Page 3 of 12 • C� established transient dwelling units, fifty-four are considered single -room units and one (1) is considered a double -room suite. In addition, the Planning Department has determined that one (1) permanent dwelling unit in the motel office and lobby building (Building 1) is lawfully -established. 5. There are three (3) existing nonresidential structures on the parcel. Pursuant to MCC Sec. 9.5-124.3 and Administrative Interpretation 03-108, owners of land upon which lawfully - established nonresidential floor area exists, shall be entitled to one (1) square foot for each such square foot in existence. MCC Sec. 9.5-124.3 and Administrative Interpretation 03-108 provide criteria to determine whether or not nonresidential floor area was lawfully -established: (a) The nonresidential uses were allowed at the time the motel resort was built in the 1960s. In addition, the parcel is currently located in a DR District, which permits resort hotels and their accessory uses with minor conditional use approval. (b) Site visits were conducted by a Monroe County Planner, Joseph Haberman, on May 24, 2006 and on July 27, 2006. One (1) motel office and lobby building (Building 1), one (1) marina (Building 3) and one (1) restaurant (Building 4) were observed on the property. Each of the buildings appeared to be in use. (c) No original Building Permits for the three (3) nonresidential buildings were found. However, the building permit history supports the existence of lawfully -established nonresidential floor area. As part of Building Permit A2654, issued in 1977, the applicant submitted an un- scaled map of the Sugarloaf Lodge property showing and identifying the motel office and lobby (Building 1), marina (Building 3) and restaurant (Building 4). The 1977 map illustrated the three buildings with the same configuration and uses as the currently existing structures. In addition, since 1977, a number of Building Permits have been issued for the property, supporting a continuous commercial retail use within the marina (Building 3) and restaurant (Building 4) and a continuous office use within the motel office and lobby building (Building 1): • Supporting the commercial use of the marina (Building 3), Building Permit 941- 0319 was issued for commercial signage in 1994. The application included a site plan showing the marina building with its current dimensions. Supporting the commercial use of the restaurant (Building 4), Building Permit A10793 was issued to replace an existing restaurant deck in 1983; Building Permit 871-0553 was issued to repair the A/C of a restaurant in 1987; and Building Permit 931-6938 was issued to construct a 962 square foot gazebo, serving as a commercial accessory use to an existing restaurant, in 1994. Sugarloaf Lodge, Letter of Development Rights Determination (RE 00118420.000000 & RE 00118470.000000) Page 4 of 12 • However, none of these permits indicate a total amount of commercial square footage for the restaurant. • Supporting the office use within the motel office and lobby (Building 1), Building Permit 981-1766 was issued to repair the roof of the office in 1998. • In addition, Building Permits 881-2203 (1988), 901-1465 (1990) and 981-2966 (1999) were issued for commercial signage for the property, but do not clearly indicate which building the commercial activity is taking place. (d) The Monroe County Property Appraiser's records for RE 00118420.000000 show a building value on the property from 1982 to present. There are currently five (5) buildings attributed to the property, a figure consistent with records from 1994, which indicate the existence of the same five (5) buildings on the property. The year built of the motel office and lobby (Building 1) is indicated as 1968 and it is described as a one-story structure that consists of 2,462 square feet of ground floor area. The year built of the marina (Building 3) is indicated as 1967 and it is described as a one-story structure that consists of 1,000 square feet of ground floor area. The year built of the restaurant (Buildings 4) is indicated as 1967 and it is described as a one-story structure that consists of 5,286 square feet of ground floor area. (e) Aerial photography from 1982 to present confirms the continuous existence of the three (3) nonresidential buildings (Buildings 1, 3 and 4). (f) The Sugarloaf Lodge restaurant and Sugarloaf Marina have valid occupational licenses for 2005. According to the license from 2005, the restaurant has a new business date of September 30, 1962 and the marina has a new business date of May 31, 1994. No additional occupational licenses were submitted for review. (g) Florida Keys Aqueduct Authority records indicate that water service has been provided to the property since the 1950s. Based on a review of the records, on the parcel identified as RE 00118420.000000, the Planning Department has determined that the following floor area is lawfully -established: In the marina (Building 3), 1,000 square feet of nonresidential floor area is lawfully - established. This figure is the total ground floor area specified in the Property's Appraisers records and is consistent with the unofficial land survey by Frederick H. Hildebrandt. In the restaurant (Building 4), 5,286 square feet of nonresidential floor area is lawfully - established_ This figure is the total ground floor area specified in the Property's Appraisers records and is consistent with the unofficial land survey by Frederick H. Hildebrandt. Sugarloaf Lodge, Letter of Development Rights Determination (RE 0011.8420.000000 & RE 00118470.000000) Page 5 of 12 0 • In the motel office and lobby building (Building 1), 1,102 square feet of nonresidential floor area is considered lawfully -established. This figure is based on a building floor plan for the motel office and lobby building, produced by Clifford W. Wright and dated April 13, 1966. According to the floor plan, in total, the motel office and lobby building consists of 2,260 square feet, a figure consistent with the Property Appraiser's records of 2,462 square feet. Deducting the floor area dedicated to the residential apartment and the motel lobby, there is 1,102 square feet of nonresidential floor area, which includes the office space in the western section of the building and the motel reception and storage space in the center of the building. Although all of the floor area within the motel office and lobby building is considered lawfully -established, the floor area of the lobby (accessory to the transient residential component) and residential apartment is not considered commercial or nonresidential and thereby is not subject to NROGO. As a result, this floor area may not be rebuilt or converted into nonresidential floor area. In addition, Building Permit 931-6938, approved by the Planning Department, was issued for the construction of 962 square foot gazebo as a commercial accessory use in 1994. This nonresidential floor area is considered lawfully -established, although it is not described in the Property Appraiser's records. M. REVIEW OF RECORDS FOR RE 00118470.000000 1. The parcel identified as RE 00118470.000000 has a legal description of Y67703-08 SUGARLOAF KEY PT LOT 3 OR557-332/338 CASE #75-102-CP-12. 2. The property is located in a Destination Resort (DR) Land Use District. According to the Future Land Use Map (FLUM), the Future Land Use designation is Mixed Use (MU). Resort hotels and their accessory uses are permitted in the DR District with minor conditional use approval. Concerning permanent residential uses, single-family, detached dwellings are permitted as -of -right and attached dwellings may be permitted with major conditional use approval. Prior to 1986, the property was designated within a BU-2 (Medium Business) District. 3. According to the Monroe County's Property Appraiser's records, there is one (1) building on the parcel identified as RE 00118470.000000. These records are supported by an unofficial land survey by Frederick H. Hildebrandt, dated July 25, 2005. 4. There is one (1) permanent residential dwelling unit on the parcel. MCC Sec. 9.5-120.4 and Administrative Interpretation 03-108 provide criteria to determine whether or not a dwelling unit was lawfully -established: (a) The residential use was allowed at the time the motel was built in the 1960s. In addition, the property is currently located in a DR District, which permits permanent attached dwelling units and employee housing with major conditional use approval. Sugarloaf Lodge, Letter of Development Rights Detemiination (RE 00118420.000000 & RE 00118470.000000) Page 6 of 12 • 0 (b) Site visits were conducted by a Monroe County Planner, Joseph Haberman, on May 24, 2006 and on July 27, 2006. One (1) mixed -use building (Building 1) was observed on the property. The building consisted of a real estate office, bank, gas station, convenience store and residential apartment. The dwelling unit had electric and water service and appeared to be occupied by a long-term tenant. (c) No original Building Permit for the dwelling unit was located for review. However, the building permit history supports the existence of one (1) permanent dwelling unit within the mixed -use building (Building 1). As part of Building Permit 021-4553, issued in 2002, the applicant submitted a floor plan of the mixed -use building (Building 1) showing the apartment in its current configuration. (d) The Monroe County Property Appraiser's records for RE 00118470.000000 show a building value on the parcel from 1982 to present. There is currently one (1) building (Building 1) attributed to the property. The year built is indicated as 1958 and it is described as a one-story structure that consists of 4,003 square feet of ground floor area. (e) Aerial photography from 1982 to present confirms the continuous existence of the one (1) building (Building 1). (f) Florida Keys Aqueduct Authority records indicate that water service has been provided to the property since the 1950s. Based on a review of the records, on the parcel identified as RE 00118470.000000, the Planning Department has determined that one (1) permanent dwelling unit in the mixed -use building (Building 1) is lawfully -established. 5. The applicant asserts that the one (1) existing nonresidential structure is lawfully -established and thereby the floor area is exempt from NROGO. Pursuant to MCC Sec. 9.5-124.3 and Administrative Interpretation 03-108, owners of land upon which lawfully -established nonresidential floor area exists, shall be entitled to one (1) square foot for each such square foot in existence. MCC Sec. 9.5-124.3 and Administrative Interpretation 03-108 provide criteria to determine whether or not nonresidential floor area was lawfully -established: (a) The nonresidential uses were allowed at the time the motel resort was built in the 1960s. In addition, the parcel is currently located in a DR District, which permits resort hotels and their accessory uses with minor conditional use approval. (b) Site visits were conducted by a Monroe County Planner, Joseph Haberman, on May 24, 2006 and on July 27, 2006. One (1) mixed -use building (Building 1) was Sugarloaf Lodge, Letter of Development Rights Determination (RE 00118420.000000 & RE 00118470.000000) Page 7 of 12 observed on the property. The building consisted of a real estate office, bank, gas station, convenience store and residential apartment. (c) No original Building Permit for the mixed -use building (Building 1) was found. However, the building permit history supports the existence of lawfully -established nonresidential floor area in the building. As part of Building Permit A2654, issued in 1977, the applicant submitted an un- scaled map of the Sugarloaf Lodge property which shows and identifies the service station and post office as existing on the property. In addition, since 1977, a number of Building Permits have been issued for the property, strongly supporting continuous commercial retail and office uses within the mixed -use building (Building 1). (d) The Monroe County Property Appraiser's records for RE 00118470.000000 show a building value on the parcel from 1982 to present. There is currently one (1) building (Building 1) attributed to the property. The year built is indicated as 1958 and it is described as a one-story structure that consists of 4,003 square feet of ground floor area. (e) Aerial photography from 1982 to present confirms the continuous existence of the one (1) building (Building 1). (f) On the property, Jens Stop N Shop had an occupational license for 2005, and its new business date is indicated as April 19, 1989 for the deli and October 1, 1992 for the retail grocery store. First State Bank has a valid occupational license for 2005 and its new business date is indicated as September 9, 1995. Century 21 Keysearch Realty has a valid occupational license for 2005 and its new business date is indicated as November 27, 1979. No additional occupational licenses were submitted for review. (g) Florida Keys Aqueduct Authority records indicate that water service has been provided to the property since the 1950s. Based on a review of the records, on the parcel identified as RE 00118470.000000, the Planning Department has determined that 2,973 square feet of nonresidential floor area in the mixed -use building (Building 1) is lawfully -established. According to the Property Appraiser's records, in total, the building has 4,003 square feet of floor area. Using the dimensions of the residential apartment as indicated in Building Permit 0214553, which are consistent with the observations made during the site visit, 1,030 square feet of floor area dedicated to the residential apartment was deducted from the total square footage. Sugarloaf Lodge, Letter of Development Rights Determination (RE 00118420.000000 & RE 00118470.000000) Page 8 of 12 • IV. DEVELOPMENT RIGHTS DETERMINATION Lawfully -Established Dwelling Units and Nonresidential Floor Area: In conclusion, based on a review of the records for Real Estate Numbers 00118420.000000 and 00118470.000000, the Planning Department has determined that fifty-five (55) transient dwelling units and two (2) permanent dwelling units may be replaced, conforming to all current Monroe County Codes, without going through ROGO. Of the motel rooms, fifty-four (54) are single -rooms and one (1) is a double -room suite. In addition, eleven thousand three hundred and twenty-three (11,323) square feet of nonresidential floor area may be rebuilt, conforming to all current Monroe County Codes, without going through NROGO. Real Estate Number Building Ground Floor Area Exempt Units Exempt Floor Area 00118420.000000 Motel Office and Lobby (Building 1 2,462 ft' I dwelling unit 1,102 ft' 00118420.000000 Motel — Eastern Win(Building 2 11,250 ft2 24 motel units -- 00118420.000000 Marina(Building 3 1,000 ft2 -- 1,000 ftz 00118420.000000 Restaurant(Building 4 5,286 ft2 — 5,286 ft' 00118420.000000 Motel — Western Win uilk 5 11,928 tie 31 motel units 00118420.000000 Restaurant Gazebo 962 ft2 -- 962 ft2 00118470.000000 Mixed -Use Building (Building 1 4,003 ft2 1 dwelling unit 2,973 ft2 Total 1 1 36,891 ft2 57 units 11,323 ft' For each dwelling unit replaced and each square foot of nonresidential floor area rebuilt, the equivalent amount of existing dwelling units or existing nonresidential floor area must be demolished or removed with a Monroe County Building Permit. Any additional dwellings or nonresidential floor area will have to be acquired and allocated through ROGO or NROGO. Pursuant to MCC Sec. 9.5-124(b), nonresidential floor area means the sum of the gross floor area for a nonresidential structure as defined in MCC Sec. 9.5-4, any areas used for the provision of food and beverage services and seating whether covered or uncovered, and all covered, unenclosed areas except for walkways, stairways, entryways, parking and loading. Nonresidential floor area is not space occupied by transient residential and institutional residential principal uses, such as the motel lobby or laundry facilities. Pursuant to MCC Sec. 9.5-4 (D-31), a dwelling unit means one (1) or more rooms physically arranged to create a housekeeping establishment for the occupancy by one (1) family with separate toilet facilities. Pursuant to MCC Sec. 9.5-4 (R-17), a room, hotel or motel, means a unit in a public lodging establishment as defined by Florida Statute Sec. 509.013(4)(a) intended for transient lodging only for periods not exceeding thirty (30) days. For the purpose of density restriction, a hotel or motel room may be a single room or a suite and may include a kitchenette but no more than one and one-half (1 r/z) bathrooms, one (1) bedroom and one (1) other living area. All entrances shall share the same key or means of controlling access. Suites containing more than one (1) bedroom and one and one-half (1 %) baths may be constructed; however each bedroom/bath combination shall be considered a hotel unit. Sugarloaf Lodge, Letter of Development Rights Determination (RE 00118420.000000 & RE 00118470.000000) Page 9 of 12 11 Density Requirements: is Any future redevelopment of the resort may not lead the property to exceed the maximum residential density, maximum hotel -motel residential density and maximum nonresidential land use intensities allowed in DR District, pursuant to MCC Sections 9.5-262, 9.5-267 and 9.5-269. Pursuant to MCC Sec. 9.5-268, the owners of land upon which a lawfully -established dwelling unit or a mobile home exists, but not including transient residential units, shall be entitled to one (1) dwelling unit for each such unit in existence. The replacements of lawfully -established transient residential units are subject to the density requirements within MCC Sec. 9.5-267. The allocated density for transient units in the DR District is ten (10) rooms per acre and the maximum net density is twenty-five (25) rooms per buildable acre. According to the Property Appraiser's records, the subject property consists of 27.94 acres. Of the 27.94 acres, 12.42 acres have a required environmental open space of 100% and include the mangrove, scrub mangrove, water and saltmarsh. Therefore, 15.52 acres are remaining for residential and commercial development. The allocated density for transient dwelling units is 155.2 rooms (15.52 acres x 10 rooms per acre). The existing 55 transient units utilize 35 percent of the sites transient development potential or 5.4 acres. The remaining 65 percent or 10.12 acres may be utilized for the two existing permanent dwelling units and the existing nonresidential floor area. The allocated density for attached residential is one (1) unit per acre. The two (2) permanent units utilize 2 acres. The remaining 8.12 acres may be applied towards additional residential units and nonresidential floor area. Please note that employee housing that meets the affordable housing guidelines is permitted at a density of 18 units per net buildable area. The commercial uses of the marina and restaurant are restricted by the permitted use section. Pursuant to Section 9.5-243 (b), the restaurant facilities shall accommodate no less than one-third (1/3) of all hotel guests at maximum occupancy at a single serving. There are to be at least two (2) satellite eating and drinking facilities, each accommodating at least twenty-five (25) persons. Commercial retail is to be provided at a minimum of two hundred square feet to include convenience retail, food sales and gifts in one (1) or more sites, excluding restaurants as stated in the paragraph above and in addition on and three -tenths (1.3) square feet commercial retail per each guest room greater than one hundred fifty (150) rooms (not applicable at this time). Additional commercial retail may be provided and are subject to the following floor area ratio requirements: Low intensity .35, medium intensity .25 and high intensity.15. Commercial retail may consist of either dive shops, boat rentals, gift shops, barber/beauty services, travel agencies provided that there is no extension signage advertising these amenities to the general public. Therefore, the bank is a nonconforming use. Pursuant to Section 9.5-143 a nonconforming use has the authority to continue, may perform ordinary repair and maintenance, may not be extended Sugarloaf Lodge, Letter of Development Rights Determination (RE 00118420.000000 & RE 00118470.000.000) Page 10 of 12 or changed in use unless the new use conforms to the provisions of the new land use district it is located in. Further, a nonconforming use that is abandoned or discontinued for six (6) consecutive months may not be reestablished or resumed. If the structure in which the nonconforming use is located is damaged or destroyed so a to require substantial improvement, then the structure may be repaired or restored only for uses which conform to the land use district in which it is located. Pursuant to Section 9.5-4, substantial improvement means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the predestruction market value of the structure as determined by the Office of the Tax Accessor of Monroe County, either (1) before the improvement or repair is started or, (2), if the structure has been damaged and is being restored, before the damage occurred. A land use district change could be pursued to make the use conforming. Both the Suburban Commercial and Mixed Use Commercial land use district would support the use of commercial retail (i.e. bank). However, the FLUM of MC would support either one of these possible land use district map amendments. Pursuant to Sec. 9.5-43 of the Monroe County Code, you are entitled to rely upon the representations set forth in this letter as accurate under the regulations currently in effect. We trust that this information is of assistance. If you have any questions regarding the contents of this letter or if we may further assist you with your project, please feel free to contact our Marathon office at (305) 289-2500. Si erely, Aref Joulani Senior Director of Planning & Environmental Resources Cc: Heather Beckmann, Principal Planner Joseph Haberman, Planner Sugarloaf Lodge, Letter of Development Rights Determination (RE 00118420.000000 & RE 00118470.000000) Page 11 of 12 • Attachment: i Building Permit History for Real Estate Number 00118420.000000 (Sugarloaf Lodge) Permit Number Date Issued Description A-2654 08-22-1977 Install two 4 ft x 8 ft signs (Airplane Rides $3 / Airplane Rides Ahead A-2800 09-30-1977 Addition to existing porch A-8671 08-23-1981 Install eight solar collectors and four tanks A-10793 08-01-1983 Replace isting restaurant wood deck with 715 sq ft concrete deck A-11780 05-04-1984 Clear land for residential development 871-0553 09-15-1987 Repair central A/C restaurant 881-2203 11-10-1988 Install 2 ft x 4 ft wood sip 891-1490 06-13-1989 Modify existing sewer plant 901-1465 09-10-1990 Repaint and replace lettering on existing sign 891-2196 10-05-1990 Re -roof existing 12,000 sq ft roof 931-6938 01-06-1994 Install 962 sq ft shade gazebo 941-0422 04-26-1994 ATF 110 linear ft retaining wall around sewer plant 941-0319 05-12-1994 Install double face si (Chevron Marina 941-0516 05-16-1994 Install submerged dolphin containment fence 941-0465 06-21-1994 ATF 6 ft high, 10 ft wide chain link gate 941-0813 07-12-1994 Install 455 linear ft chain link fence 6 ft high around dolphin canal 941-1471 05-03-1995 Add 350 sq ft bathrooms, storage & ice machine room to existing gazebo and motel 951-0574 04-08-1997 Remove submerged fence, construct ATF 880 sq ft dock and walkwa 981-1708 10-22-1998 Clear land of exotic vegetation 981-1766 10-30-1998 Repair roof on masonry office, hurricane emergency repair 981-2966 02-18-1999 Replacement of 272 sq ft sign, 24 ft high. Removal of smaller signs 011-4253 11-14-2001 Install 300 linear ft PVC sewer line & connect to sewer treatment 021-4532 11-19-2002 Replace one 2 ton split with one 2.5 ton split with no new drops (First State Bank 042-4082 08-26-2004 Replace existing 7 %2 air handler for A/C 041-5178 11-15-2004 Replace 7.5 ton condenser unit 041-5771 12-28-2004 Replace 7.5 ton air handler 051-6705 12-13-2005 Install temporary 100 amp pole Building Permit History for Real Estate Number 00118470.000000 (Sugarloaf Lodge) Permit Number Date Issued Description 881-2139 11-04-1988 Remove and install two gas tanks, replace three pumps 931-5665 03-04-1993 Interior renovations to existing commercial buildin 951-0775 05-24-1995 ATF to complete 4,500 sq ft of urethane coating to existing roof 981-0648 06-01-1998 e existingas s 981-1765 10-30-1998 lRepair roof ofexistin commercial eneral store and gas station 021-4553 10-17-2002 e electrical service Sugarloaf Lodge, Letter of Development Rights Determination (RE 00119420.000000 & RE 00118470.000000) Page 12 of 12 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 16, 2010 Bulk Item: Yes No x Division: Growth Management Division Department: Planning and Environmental Resources Department Staff Contact Person/Phone #: Christine Hurley (305) 289-2500 AGENDA ITEM WORDING: Discussion of an ordinance by The Monroe County Board of County Commissioners, Florida amending the land use district map designation from Destination Resort (DR), Native Area (NA) and Suburban Commercial (SC) to Mixed Use (MU) for real estate number 00118470.000000 and for portions of parcels having real estate numbers 00118420.000000 and 00117930.000000. ITEM BACKGROUND: On December 16, 2008, the Planning Commission approved Resolution P39-08 recommending approval to the BOCC amending the FLUM from Residential Conservation (RC) to Mixed Use / Commercial (MC). On April 24, 2010, the Planning Commission approved Resolution P01-10 recommending approval to the BOCC to amend the land use district map from Destination Resort (DR), Sub Urban Commercial (SC) and Native Area (NA) to Mixed Use (MU) for the entire real estate number 00118470.00000 and portions of real estate numbers 00118420.000000 and 00117930.000000, simultaneously with the proposed overlay district requested by Monroe County Staff for the same geographic area. PREVIOUS RELEVANT BOCC ACTION: On January 26, 2009, the BOCC approved Resolution 002-2009 transmitting an ordinance for adoption to the Department of Community Affairs (DCA). There were no objections, recommendations or comments from the DCA on the proposed FLUM amendment. On June 2, 2009, the BOCC adopted Ordinance 019-2009 amending a FLUM change on real estate number 00118420.000000 and only on 3791f the triangular portion located 110 feet west of Bat tower Road near U. S. 1 from Residential Conservation (RC) to Mixed Use / Commercial (MC). CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Staff recommends approval to the proposed land use district amendment from Native Area, Suburban Residential and Destination Resort land use district designations to Mixed Use land use district designation on the 10.59 acres of land. TOTAL COST: INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: N/A 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 7/09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: Through: From: Date: Monroe County Board of County Commissioners Christine Hurley, AICP, Growth Management Director Kathy Grasser, Comprehensive Planner June 1, 2010 Subject: Request for Amendment to the Land Use District Map by Mr. Lloyd A. Good, Jr.,17001 & 17075 Overseas Highway, Sugarloaf Key, Florida 33042, Mile Marker 17, Real Estate Number 00118420.000000, 00118470-00000 & 00117930-000000 Meeting: June 16, 2010 I. REQUEST' A request by Lloyd A. Good, Jr., to amend the current Land Use District (LUDD) designation from Destination Resort (DR), Sub Urban Commercial (SC) and Native Area (NA) to Mixed Use (MU) for the entire real estate number 00118470.00000 and portions of real estate numbers 00118420.000000 and 00117930.000000, simultaneously with the proposed overlay district requested by Monroe County Staff for the same geographic area. This will allow existing uses to become conforming and provide for community center types of uses in the future. The overlay district limits the intensity of these uses. Lloyd A. Good, Jr. M28098 Pagel of 26 DRC: October 19, 2009 DRC 10-09 PC: April 28, 2010 BOCC: TBD 1 Address: 17001 — 17075 Overseas Highway, Lower Sugarloaf Key 2 Florida, Mile Marker 16 — 17 4 Real Estate Numbers: All of RE 00117930.000000 5 A portion of RE 00118420.000000 6 A portion of RE 00118470.000000 7 8 Applicant/Property Owner: Lloyd A. Good, Jr. 9 10 Description: 11 A portion of Government Lot 3 and portion of Government Lot 4, 12 Section 3, Township 67 South, Range 27 East and a portion of 13 Government Lot 3, Section 34, Township 66 South, Range 27 East, 14 Sugarloaf Key, Monroe County, Florida and a portion of 15 Government Lot 3, Section 34, Township 66 South, Range 27 East, 16 Sugarloaf Key, Monroe County, Florida at 17001 Overseas 17 Highway, Lower Sugarloaf Key, at approximately Mile Marker 17. 18 19 II. PROCESS 20 Amendments may be proposed by the Board of County Commissioners (BOCC), the 21 Planning Commission, the Director of Planning, or the owner or other person having a 22 contractual interest in property to be affected by a proposed amendment. The Director of 23 Planning shall review and process map amendment applications as they are received and 24 pass them onto the Development Review Committee and the Planning Commission for 25 recommendation and final approval by the BOCC. 26 27 The Planning Commission and the BOCC shall each hold at least one public hearing on a 28 proposed amendment. The Planning Commission shall review the application, the 29 reports and recommendations of the Department of Planning & Environmental Resources 30 and the Development Review Committee and the testimony given at the public hearing. 31 The Planning Commission shall submit its recommendations and findings to the BOCC. 32 The BOCC shall consider the report and recommendation of and the testimony given at 33 the public hearings and may either deny the application or adopt an ordinance approving 34 the proposed amendment. Ordinances are then reviewed by the Florida Department of 35 Community Affairs. 36 37 III. BACKGROUND INFORMATION 38 An application was received for FLUM and LUDD amendments to the subject properties 39 on June 24, 2008. On June 2, 2009, the BOCC adopted Ordinance 019-2009 amending 40 the Residential Conservation (RC) to Mixed Use / Commercial (MC) on a 379ft2 piece of 41 land. Currently, the Native Area (NA) land use district within the subject area is 42 nonconforming with the current FLUM of MC. 43 Lloyd A. Good, Jr. M28098 Page 2 of 26 DRC: October 19, 2009 DRC10-09 PC: Apri128, 2010 BOCC: TBD I The tier for Real Estate number 00118420.000000 has been undesignated pursuant to 2 Final Order Number DC07-GM-166. The parcel will be evaluated by the Tier 3 Designation Committee and recommendations made to the BOCC. 4 5 The property owner of this site requested a Mixed Use Land Use District designation for 6 this area. Monroe County staff agrees that the uses permitted in the Mixed Use Land Use 7 District are consistent with the overall intended land use characteristics appropriate for 8 this geographic area. However, the density and intensity of the Mixed Use Land Use 9 District are not characteristic of the existing, surrounding area, nor is it consistent with 10 the vision or future proposed density and intensity for the area. To accomplish the uses 11 desired for the community, as well as the provision of smart growth principals, Monroe 12 County staff has proposed an overlay district to be adopted simultaneously with the 13 proposed land use district designation. 14 15 The LUDD amendment does not guarantee future development for the three (3) parcels. 16 Currently, Growth Management does not have any pending applications for development 17 on this property. When or if, Growth Management receives an application, it will be 18 addressed at that time. 19 20 Boundary Survey 21 Total Land: (Prepared by Mr. Fred Hildebrandt) 22 A portion of Government Lot 3 and Portion of Government Lot 4, Section 3, 23 Township 67 South, Range 27 East and a portion of Government Lot 3, Section 24 34, Township 66 South, Range 27 East, Sugarloaf Key, Monroe County, Florida 25 and being more particularly described as follows (All references to Government 26 Lot Lines are per Bailey's Survey of Sugarloaf Properties, December 22, 1972): 27 28 Begin at the intersection of the Northwesterly Line of U.S. Highway No. 1 (State 29 Road No. 5) and the West Line of Government Lot 3, of said Section 3; thence 30 N.00°16'32"E., along the said Government Lot Line a distance of 60.28 feet; 31 thence N.56°19'10"E., along the said Northwesterly Right -of -Way Line of U.S. 32 Highway No. 1 a distance of 644.56 feet; thence N.33°41'00"W., a distance of 33 110.00 feet; thence N.56°19'10"E., a distance of 157.47 feet thence meander the 34 Mean High Tide Line along natural shoreline, Concrete Seawalls, and man made 35 canals for the following 112 metes and bounds; thence S.89°59'13"W., a distance 36 of 39.25 feet; thence S.63°40'43"W., a distance of 125.84 feet; thence 37 S.52°19'26"W., a distance of 139.22 feet; thence S.81°00'25"W., a distance of 38 28.60 feet; thence N.49°28'21"W., a distance of 36.77 feet; thence 39 N.44°25'27"W., a distance of 56.18 feet; thence N.83°14'35"W., a distance of 40 35.52 feet; thence S.73°27'37"W., a distance of 55.45 feet; thence 41 S.16°04'40"W., a distance of 11.80 feet; thence S.08°43'26"E., a distance of 42 47.16 feet; thence S.03°53'20"W., a distance of 14.59 feet; thence S.15°36'18"W., 43 a distance of 14.67 feet; thence N.88°55'31 "W., a distance of 8.77 feet; thence 44 S.03°25'47"W., a distance of 99.98 feet; thence S.02°57'49"W., a distance of 45 17.80 feet; thence S.05°37'36"E., a distance of 27.23 feet; thence S.04°18'37"W., Lloyd A. Good, Jr. M28098 Page 3 of 26 DRC: October 19, 2009 DRC10-09 PC: April 28, 2010 BOCC: TBD I a distance of 80.00 feet; thence S.29°03'10"W., a distance of 8.24 feet; thence 2 S.58°12'03"W., a distance of 94.46 feet; thence N.44°15'14"W., a distance of 3 27.06 feet; thence N.05°53'54"W., a distance of 25.96 feet; thence N.00°27'22"E., 4 a distance of 17.67 feet; thence N.06°04'01 "E., a distance of 27.63 feet; thence 5 N.08°28'38"E., a distance of 18.79 feet; thence N.05°15'40"E., a distance of 6 45.38 feet; thence N.03 ° 11'25 "W., a distance of 68.18 feet; thence N.01 °01'22"E., 7 a distance of 189.87 feet; thence N.89°07'33"W., a distance of 4.34 feet; thence 8 N.00°59'43 "E., a distance of 79.47 feet; thence N.07°26'49"W., a distance of 9.10 9 feet; thence N.80°53'10"W., a distance of 10.77 feet; thence 5.70°37'47"W., a 10 distance of 107.27 feet; thence S.75°11'06"W., a distance of 110.85 feet; thence 11 N.31 °25'52"W., a distance of 7.55 feet; thence 5.45°41'00"W., a distance of 12 20.00 feet; thence S.12°56'49"E., a distance of 17.13 feet; thence 5.23°15'23"E., a 13 distance of 148.59 feet; thence S.22° 11'53 "E., a distance of 87.98 feet; thence 14 S.22°07'09"E., a distance of 53.48 feet; thence 5.89°05'36"E., a distance of 15 11.23 feet; thence 5.17°43'53"E., a distance of 22.70 feet; thence S.21°46'32"E., a 16 distance of 46.95 feet; thence 5.24°32'10"E., a distance of 32.10 feet; thence 17 S.16°46'14"E., a distance of 25.08 feet; thence 5.82°11'34"W., a distance of 7.57 18 feet; thence S.46°06'51 "W., a distance of 15.15 feet; thence 5.40°40'00"W., a 19 distance of 8.26 feet; thence 5.75°50'28"W., a distance of 27.17 feet; thence 20 N.34°49'37"W., a distance of 9.41 feet; thence N.86°53'25"W., a distance of 21 13.76 feet; thence 5.79°27'09"W., a distance of 14.28 feet; thence 5.74°36'52"W., 22 a distance of 18.07 feet; thence S.62° 19'33 "W., a distance of 46.19 feet; thence 23 S.64°17'02"W., a distance of 13.39 feet; thence S.56°50'06"W., a distance of 6.88 24 feet; thence 5.75°59'06"W., a distance of 3.58 feet; thence N.83°26'32"W., a 25 distance of 14.66 feet; thence N.66°30'52"W., a distance of 3.03 feet; thence 26 N.34°15'31 "W., a distance of 2.61 feet; thence N.07°05'54"W., a distance of 3.06 27 feet; thence N.38°42'24"W., a distance of 2.31 feet; thence N.54°10'15"W., a 28 distance of 4.07 feet; thence N.30°57'03"W., a distance of 4.14 feet; thence 29 N.08°54'19"W., a distance of 17.54 feet; thence N.07°24'27"E., a distance of 30 11.48 feet; thence N.26°55'05"E., a distance of 20.95 feet; thence N.36°45'25"E., 31 a distance of 8.54 feet; thence N.39°54'31 "E., a distance of 8.27 feet; thence 32 N.42°41'53"E., a distance of 8.81 feet; thence N.45°02'39"E., a distance of 10.01 33 feet; thence N.46°00'46"E., a distance of 10.52 feet; thence N.43°30'16"E., a 34 distance of 22.20 feet; thence N.36°38'25"E., a distance of 9.34 feet; thence 35 N.27°19'49"E., a distance of 8.71 feet; thence N.09°53'03"E., a distance of 8.12 36 feet; thence N.14°25'46"W., a distance of 5.77 feet; thence N.29°34'21 "W., a 37 distance of 8.10 feet; thence N.27°43'11 "W., a distance of 8.27 feet; thence 38 N.19° 14' 14"W., a distance of 6.80 feet; thence N.21 °40'53 "W., a distance of 7.56 39 feet; thence N.39°27'59"W., a distance of 3.20 feet; thence N.67°23'31 "W., a 40 distance of 2.51 feet; thence S.83°41'23"W., a distance of 3.79 feet; thence 41 S.62°02'51 "W., a distance of 11.10 feet thence 5.55°00'14"W., a distance of 42 96.97 feet; thence 5.58°44'30"W., a distance of 27.82 feet; thence 5.71°47'47"W., 43 a distance of 29.56 feet; thence 5.66°18'30"W., a distance of 129.11 feet; thence 44 S.77° 18'41 "W., a distance of 49.70 feet; thence N.89° 13'39"W., a distance of 45 18.11 feet; thence S.80°45'45"W., a distance of 75.01 feet; thence N.76°26'39"W., Lloyd A. Good, Jr. M28098 Page 4 of 26 DRC: October 19, 2009 DRC10-09 PC: April 28, 2010 BOCC: TBD I a distance of 10.79 feet; thence S.86°24'08"W., a distance of 12.48 feet; thence 2 S.63°10'25"W., a distance of 19.95 feet; thence S.50°26'45"W., a distance of 9.58 3 feet; thence S.65°06'48"W., a distance of 5.74 feet; thence 5.02°28'04"W., a 4 distance of 15.86 feet; thence 5.30°01'28"W., a distance of 12.67 feet; thence 5 S.44°36'29"E., a distance of 15.15 feet; thence S.15°09'31 "E., a distance of 6 195.02 feet; thence S.15'49'58"E., a distance of 26.50 feet; thence 5.06°58'48"E., 7 a distance of 24.39 feet; thence 5.17°44'08"W., a distance of 19.93 feet; thence 8 S.39°59'05"W., a distance of 10.31 feet; thence 5.54°24'35"W., a distance of 9 10.99 feet; thence 5.68°48'10"W., a distance of 11.09 feet; thence S.89°58'27"W., 10 a distance of 21.32 feet; thence N.65°14'43"W., a distance of 10.86 feet; thence 11 N.47°15'08"W., a distance of 12.74 feet; thence N.28°56'26"W., a distance of 12 19.18 feet; thence N.13°02'50"W., a distance of 63.96 feet; thence 13 N.13°01'37"W., a distance of 70.92 feet; thence N.13°36'04"W., a distance of 14 113.63 feet; thence N.15°10'25"W., a distance of 100.91 feet; thence 15 N.59°53'45"W., a distance of 5.95 feet; thence S.75°02'38"W., and leaving the 16 said shoreline a distance of 175.86 feet; thence 5.14°57'22"E., a distance of 17 356.02 feet; thence S.59°39'59"W., a distance of 77.48 feet; thence 5.30°16'10"E., 18 a distance of 269.50 feet to the said Northwesterly Right -of -Way line of U.S. 19 Highway no. 1; thence N.56° 19' 10"E., along the said Northwesterly Right-of- 20 Way line of U.S. Highway No. 1 a distance of 792.73 feet to the Point of 21 Beginning. Parcel contains 481,358 square feet or 10.59 acres, more or less. 22 23 IV. RELEVANT PRIOR COUNTY ACTIONS 24 On December 16, 2008, the Planning Commission approved Resolution P39-08 25 recommending approval to the BOCC amending the FLUM from Residential Conservation 26 (RC) to Mixed Use / Commercial (MC) for a portion of property legally described as 27 Section 3 Township 67 Range 27 Sugarloaf Key Pt Lot 3 & Pt Lot 4 having Real Estate 28 Number 00118420.000000. 29 30 On January 26, 2009, the BOCC approved Resolution 002-2009 transmitting an 31 ordinance for adoption to the Department of Community Affairs (DCA). There were no 32 objections, recommendations or comments from the DCA on the proposed FLUM 33 amendment. 34 35 On June 2, 2009, the BOCC adopted Ordinance 019-2009 amending a FLUM change on 36 real estate number 00 118420. 000000 and only on the triangular portion located 110 feet 37 west of Bat Tower Road near U. S. 1 from Residential Conservation (RC) to Mixed Use / 38 Commercial (MC). 39 40 On April 28, 2010, the Planning Commission approved Resolution POI-10 41 recommending approval to the BOCC amending the Land Use District map from 42 Destination Resort, Native Area and Suburban Commercial land use districts to Mixed 43 Use land use district for the above mentioned real estate numbers. 44 45 Lloyd A. Good, Jr. M28098 Page 5 of 26 DRC: October 19, 2009 DRC10-09 PC: April 28, 2010 BOCC: TBD 1 2 3 4 5 6 7 8 9 10 11 12 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 V. PARCEL INFORMATION There are three parcels related to the proposed LUDD amendment. 1. RE number 00118420.000000 is 26.39 acres 2. RE number 00118470.000000 is 1.55 acres 3. RE number 00117930.000000 is 15.61 acres Total Acreage of the three (3) parcels is 43.55 Acres There is a motel, office, restaurant, marina, real estate office and auto repair shop on the site. The surrounding land use districts contain Native Area, Destination Resort, Off Shore Islands, Suburban Commercial and Improved Subdivision. VI. PROPOSED-AMENDMENT.SITE INFORMATION The property owner of this land requested a land use district map amendment for Mixed Use. The Mixed Use category permits extensive intensity found to be inconsistent with the surrounding character of the community. The boundary of the proposed amendment encompasses 10.59 acres and is shown on the attached Exhibit A survey from Island Surveying. There are three (3) parcels within the boundary and three (3) different land use district designations. The three parcels have real estate numbers 00118470.000000, 00118420.000000 and 00117930.000000. The three land use districts designations are Native Area, Suburban Commercial and Destination Resort. The following table is a breakdown of the land use districts in acres: Land Use District Designation Existing Acres Native Area A LUDD 0.010 acres Suburban Commercial SC LUDD 0.460 acres Destination Resort DR LUDD 10.12 acres Proposed Amended Mixed Use (MU) LUDD 10.59 acres Lloyd A. Good, Jr. M28098 DRC: October 19, 2009 DRC10-09 PC: April 28, 2010 Page 6 of 26 BOCC: TBD 1 2 3 4 5 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 42 The following is a breakdown of the three parcels. Data includes total parcel size, size of the proposed amendment, land use districts, tier designations and existing vegetation and habitat. 1. Real Estate Number 00118420.000000 The total size of RE 00118420.000000 is 26.39 acres. The Property Appraiser has classified the parcel as `Hotel / Motel.' The parcel has a land use code of Commercial / Highway / Water Transitional Lands and Environmentally Sensitive. The parcel is located in the AE — EL 11 and VE — EL 12 flood zone. Of the 26.30 acres, only 8.45 acres of the parcel is proposed to be amended to Mixed Use Land Use District Designation (MU LUDD). Currently, it is located in the Destination Resort (DR) and Native Area (NA) land use districts. Tier Designation The tier designation for this parcel is undesignated, as are approximately 3,000 Monroe County parcels pursuant to a final order in DOAH Case # No. 06-2449GM. The Tier Designation Review Committee (TDRC) is in the process of review and will formally recommend appropriate tier designations for each parcel, including this parcel. Existine Vegetation / Habitat/ Habitat The existing vegetation and habitat of the parcel is scarified and developed. Along the western canal there is some exotic vegetation. The subject parcel is located in the Marsh Rabbit Buffer, but not the habitat. There are no other endangered species listed for the subject area. 2. Real Estate Number 00118470.0000 The total size of the parcel RE 00118470.000000 is 1.55 acres. The Property Appraiser has classified this parcel as `store, office, residential or a combination of these uses.' The parcel has a land use code designation of commercial / a highway / water. The parcel is located in r'b> the AE, VE (EL 12) flood zone. Lloyd A. Good, Jr. DRC: October 19, 2009 DRC 10-09 The entire 1.55 acres is included in the proposed amendment. The parcel is currently located in the Destination Resort M28098 PC: April 28, 2010 Page 7 of 26 BOCC: TBD 1 2 3 4 5 6 7 8 9 10 11 20 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 and Suburban Commercial Land Use District Designations. Tier Designation The parcel is located in a Tier 3 designation. Existing Vegetation / Habitat The existing vegetation and habitat of the parcel is developed. It is located in the Marsh Rabbit Buffer, but not in the habitat. 3. Real Estate Number 00117930.000000 The total size of RE 00117930.000000 is 15.61 acres. The Property Appraiser has classified this parcel as `Non -Agriculture Acreage, consisting of five (5) acres or more.' The parcel has a land use code of Environmentally Sensitive. The parcel is located in the AE, VE (EL 12) flood zone. Only 0.59 acres of the parcel is proposed to be amended to Mixed Use Land Use District Designation. Currently, it is located in the Suburban Commercial (SC) and Native Area (NA) land use districts. Tier Designation The parcel has both Tier 1 and Tier 3 designations. Existing Vegetation/Habitat The existing vegetation and habitat directly behind the Lower Sugarloaf Key Volunteer Fire Department is scarified. The subject parcel is located in the Marsh Rabbit Buffer, but not in the habitat. No other endangered species are listed. The remaining parcel, not included in this amendment, is mangroves. V. APPLICANT RESPONSE FROM AMENDMENT APPLICATION Recognition of a need for additional detail or comprehensiveness; The use of the area as a bank or real estate office or tire repair shop is nonconforming in the DR zone but not in the MU zone. Data errors: Any portion of the area RE 00118420-000000 zoned as NA should have originally been DR. This area is NA and should now be MU. Lloyd A. Good, Jr. M28098 DRC: October 19, 2009 DRC10-09 PC: April 28, 2010 Page 8 of 26 BOCC: TBD I Data updates: 2 This property has traditionally been used for the uses permitted in a Mixed Use 3 zone as distinguished from the DR zone. 4 5 Comments: 6 The uses proposed for the mixed use zone are consistent with the uses the area has 7 had for over forty years. 8 9 VI. STAFF RESPONSE 10 The proposed amendment is consistent with the provisions and intent of the Monroe 11 County Code, Section 130-88 Mixed Use (MU) District purpose which states: 12 13 `to establish or conserve areas of mixed uses, including 14 commercial fishing, resorts, residential, institutional and 15 commercial uses, and preserve these as areas representative of the 16 character, economy and cultural history of the Florida Keys.' 17 18 VII. CONSISTENCY WITH COMPREHENSIVE PLAN 19 The proposed Mixed Use Land Use District Designation amendment, as a 20 corresponding recommended land use amendment to be adopted simultaneously with 21 the proposed overlay district requested by the Monroe County Staff, is consistent with 22 the Monroe County Year 2010 Comprehensive Plan. Specifically, the amendment 23 furthers: 24 25 1. Goal 101: Monroe County shall manage future growth to enhance the 26 quality of life, ensure the safety of County residents and visitors, and 27 protect valuable natural resources. [9J-5.006(3)a] 28 29 2. Objective 101.4: Monroe County shall regulate future development and 30 redevelopment to maintain the character of the community and protect the 31 natural resources by providing for the compatible distribution of land uses 32 consistent with the designations shown on the Future Land Use Map. 33 34 3. Goal 105: Monroe County shall undertake a comprehensive land 35 acquisition program and smart growth initiatives in conjunction with its 36 Livable CommuniKeys Program in a manner that recognizes the finite 37 capacity for new development in the Florida Keys by providing economic 38 and housing opportunities for residents without compromising the 39 biodiversity of the natural environment and the continued ability of the 40 natural and manmade systems to sustain livable communities in the 41 Florida Keys for future generations. 42 43 4. Objective 105.1: Monroe County shall implement smart growth initiatives 44 in conjunction with its Livable CommuniKeys and Land Acquisition 45 Programs which promote innovative and flexible development processes Lloyd A. Good, Jr. M28098 Page 9 of 26 DRC: October 19, 2009 DRC10-09 PC: April 28, 2010 BOCC: TBD I to preserve the natural environment, maintain and enhance the community 2 character and quality of life, redevelop blighted commercial and 3 residential areas, remove barriers to design concepts, reduce sprawl, and 4 direct future growth to appropriate infill areas. 5 6 VIII. CONSISTENCY WITH LAND DEVELOPMENT REGULATIONS 7 The proposed Mixed Use Land Use District Designation amendment, as a 8 corresponding recommended land use amendment to be adopted simultaneously with 9 the proposed overlay district requested by the Monroe County Staff, is consistent with 10 the Monroe County Land Development Regulations. Specifically, the amendment 11 furthers: 12 13 MCC Section 102-158(d)(5)b(v) `Recognition of a need for additional detail or 14 comprehensiveness' based on the following data and analysis. 15 16 IX. PROPERTY HISTORY 17 In 1960, a 24-unit motel building was built. At one time there was the existence of 18 fifty-five (55) transient dwellings and one (1) permanent dwelling located in the motel 19 office. There are five (5) buildings on RE 00118420.000000. Accordingly, in a letter 20 of Development Rights Determination dated August 9, 2006, staff determined that 21 twenty-four (24) transient dwelling units in the eastern wing of the motel and thirty-one 22 (31) transient dwelling units in the western wing of the motel are lawfully -established. 23 As of April 9, 2008, Building Permit 081-1303 was issued to demolish the 24-unit 24 motel, a pool, and a lift station. The structures were demolished soon after the permit 25 was issued. 26 27 There are three (3) existing lawfully -established non-residential structures on the parcel 28 which consist of a motel office and lobby building, restaurant and marina. 29 30 X. LAND USE HISTORY 31 Prior to 1986, the parcels had land use district designations of Business Use, 32 Residential Tourist and General Use. 33 34 Business Use 35 The Business Use land use district was mainly located on RE 00118420.000000 36 and RE 00118470.000000 were the hotel and retail structures are located today. 37 The BU land use district permitted professional services, business services, banks, 38 post offices, ticket offices, drug stores, and other retail services were permitted. 39 This district was intended to protect and enhance the areas best suited for 40 preservation of businesses related to neighborhood, tourist, and resort retail sales 41 and business, personal and professional services. 42 43 Residential Tourist 44 The Residential Tourist (RU-7) land use district was located on RE 45 00118420.000000 where the tennis court stands today. The RU-7 land use district Lloyd A. Good, Jr. M28098 Page 10 of 26 DRC: October 19, 2009 DRC 10-09 PC: April 28, 2010 BOCC: TBD 1 was located mainly on the western side of this parcel. The land use district 2 provided an area for accommodations oriented to the transient and resort trade, 3 with a residential character, hotels, motels, tourist accommodations, marinas and 4 resorts were principal permitted uses. 5 6 General Use District 7 The General Use land use district designation was located at the northern most 8 and the far northeastern side of RE number 00118420.000000. This land use 9 district did not allow for the development or redevelopment of any structure 10 except for single family dwellings and clubs. This district was established as an 11 interim land classification pending action to rezone the property to a residential, 12 business or industrial classification. Marinas were not listed in this land use 13 category. 14 15 After 1986, the parcels were amended to Suburban Commercial, Destination Resort and 16 Native Area land use district designations. 17 18 Suburban Commercial Land Use District 19 After the 1986 zoning took effect, the area surrounding the fire station and part of 20 the western side of parcel RE 00117930.000000 were rezoned to Suburban 21 Commercial (SC). The purpose of the SC district is to establish areas for 22 commercial uses designed and intended primarily to serve the needs of the 23 immediate planning area in which they are allocated. This district should be 24 established at locations convenient and accessible to residential areas without use 25 of U.S. 1. 26 27 The permitted uses of the SC LUDD are commercial retail, low- and medium- 28 intensity and office uses of less that 2,500 ft2 of floor area, institutional residential 29 uses of less that ten (10) dwelling units, commercial apartments of less than six 30 (6) dwelling units and accessory use are permitted as of right. 31 32 Commercial retail, low- and medium -intensity and offices uses of less that 33 10,000ft2 of floor area, commercial retail uses of high intensity of less that 2,500 34 ft2 of floor area, institutional residential uses involving ten to twenty dwelling 35 units, commercial apartments of six to eighteen dwelling units and hotels of fewer 36 than 25 rooms are permitted as minor conditional uses subject to certain criteria. 37 38 Commercial retail of low- and medium -intensity and office uses of greater than 39 10,000ft2 of floor area, commercial retail uses of high intensity greater than 40 2,500ft2 of floor area, institutional residential uses of 20 or more dwelling units, 41 hotels providing more that that 25 rooms and marinas are permitted as a major 42 conditional use subject to certain criteria. 43 44 45 Lloyd A. Good, Jr. M28098 Page 11 of 26 DRC: October 19, 2009 DRC10-09 PC: April 28, 2010 BOCC: TBD 1 2 Destination Resort Land Use District 3 After 1986, most of RE 00118470.000000 and RE 00118420.000000 were 4 rezoned to the Destination Resort (DR) land use district designation. The purpose 5 of Destination Resort is `To establish areas suitable for the development of 6 planned tourist centers proving on -site residential, recreational, commercial and 7 entertainment facilities of a magnitude sufficient to attract visitors and tourists for 8 tenancies of three or more days.' 9 10 The permitted uses of the DR LUDD are single family detached dwellings and 11 vacation rentals. One or more resort hotels subject to certain criteria are permitted 12 with a minor conditional use. Marinas, employee and attached residential 13 dwelling units are permitted as a major conditional use subject to certain criteria. 14 15 XI. MIXED USE LAND USE DISTRICT PROPOSED AMENDMENT 16 The applicant is proposing to amend 10.59 acres of Destination Resort, Suburban 17 Commercial and a small portion of Native Area land use district designations to Mixed 18 Use land use district designation (Boundary Survey, Exhibit A). 19 20 Mixed Use Proposed Land Use District 21 The proposed amendment will change one parcel (RE 00118470.000000) and 22 portions of two parcels (RE 00117930.000000 and RE 00118420.000000) from 23 Destination Resort (DR), Suburban Commercial (SC) and Native Area (NA) land 24 use district to Mixed Use (MU) land use district designation. 25 26 The purpose of the Mixed Use Land Use District is `To establish or conserve 27 areas of mixed use, including commercial fishing, resorts, and residential, 28 institutional and commercial uses and preserve these as areas representative of the 29 character, economy and cultural history of the Florida Keys.' 30 31 Permitted Uses of the Mixed Use LUDD: 32 Detached residential dwellings, commercial retail and low- and medium- 33 intensity and office uses of less than 2,500ft2, institutional uses, residential 34 uses of less than ten dwelling units, commercial apartments involving less 35 that six dwelling units and accessory uses are permitted as of right. 36 37 Attached residential dwelling units, commercial recreational uses, 38 commercial retail, low- and medium -intensity and offices of less than 39 10,000ft2 of floor area, high -intensity commercial retail uses of less than 40 2,500ft2 and commercial apartments involving six to 18 dwelling units are 41 permitted as a minor conditional use are subject to certain criteria. 42 43 Commercial retail, low- and medium -intensity uses and offices of less that 44 10,000ft2 of floor area, commercial retail, high -intensity uses and office 45 uses of greater than 2,500 ft2, attached residential dwelling units, marinas, Lloyd A. Good, Jr. M28098 Page 12 of 26 DRC: October 19, 2009 DRC10-09 PC: April 28, 2010 BOCC: TBD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 and hotels providing more than 50 rooms are permitted as a major conditional use with certain conditions. Conditional uses in the MU land use category require individual review of their location, design and configuration and the imposition of conditions in order to ensure the appropriateness of the use at a particular location. The auto body repair shop and real estate office are located in the Destination Resort land use district designation (LUDD). These uses are nonconforming in the Destination Resort LUDD. In 2009, a proposed FLUM amendment, on 379ft2 of land, was adopted by Ordinance 019-2009 amending the future land use map of Residential Conservation to Mixed Use / Commercial. Currently, the land use district designation of Native Area is not consistent with the future land use map of Mixed Use / Commercial. By amending the land use district designation from DR, SC and NA to MU LUDD will allow the auto body repair shop and the real estate office to come into conformity with the Land Development Regulations and MC Comprehensive Plan. XII. DENSITIES AND INTENSITIES NATIVE AREA, SUBURBAN COMMERCIAL AND DESTINATION RESORT Three different land use designations (NA, SR and DR) and corresponding site size were used to calculate the maximum densities and intensities allowed in each land use. NATIVE AREA The following tables illustrate the size and the Maximum Residential Density of the Native Area land use district: Maximum Residential Densities in NA Allocated — Sec 130-157 Permitted Land Uses Allocated Size of Site Total Units Max Density Allowed Permanent Residential (market -rate 0.25/acre 0.010 acres 0 units 0 units commercial apartments) NOTE: The density and intensity provisions are intended to be applied cumulatively so that no development shall exceed the total density limits. Lloyd A. Good, Jr. M28098 DRC: October 19, 2009 DRC10-09 PC: April 28, 2010 Page 13 of 26 BOCC: TBD SUBURBAN COMMERCIAL The following tables illustrate the size and the Maximum Residential Density (allocated and maximum net density) of the Suburban Commercial land use district: Maximum Residential Densities in SC Allocated — Sec 130-157 Permitted Land Uses Allocated Size of Site Total Units Max Density Allowed Permanent Residential (market -rate 3 units/acre 0.47acres 1.41 units 1 units commercial apartments) Permanent Residential (affordable / 3 units/acre 0.47 acres 1.41 units 2 units employee) NOTE: The density and intensity provisions are intended to be applied cumulatively so that no development shall exceed the total density limits. Maximum Residential Densities in SC Maximum Net Density) — Sec 130-157 Permitted Land Uses Max Net Required Size of Site Total Max Allowed Density Open Space Units Permanent Residential 6 units/ 0.2 0.47 acres (0.38 2.34 2 units (market -rate commercial buildable acre buildable acres) units apartments) Permanent Residential 15 units/ 0.2 0.47 acres (0.38 5.85 6 units (affordable employee buildable acre buildable acres) units housing) NOTE: The density and intensity provisions are intended to be applied cumulatively so that no development shall exceed the total density limits. NOTE: Net buildable area means that portion of a parcel of land that is developable and is not open space required by sec. 130-157 or required minimum bufferyard under chapter 114, article V or required setbacks under sec. 130-186. NOTE: The maximum net residential density allowed per district shall not require transferable development rights (TDR) for affordable and employee housing and market rate housing developed in accordance with sec. 130-161(a)(8). The following tables illustrate the size and the maximum hotel -motel, RV and institutional residential densities (allocated and maximum net density) in the Suburban Commercial land use district: Maximum Hotel -Motel, RV & Institutional Residential Densities in SC Allocated — Sec 130-162 Permitted Land Uses Allocated Density Size of Site Total Units Max Allowed Institutional Residential 5 units/acre 0.47 acres 2.35 units 2 units Hotel 10 units/acre 0.47 acres 4.7 units 4 units Recreational Rental 10 spaces/acre 0.47 acres 4.7 spaces 4 spaces NOTE: The density and intensity provisions are intended to be applied cumulatively so that no development shall exceed the total density limits. Lloyd A. Good, Jr. M28098 Page 14 of 26 DRC: October 19, 2009 DRC10-09 PC: April 28, 2010 BOCC: TBD Maximum Hotel -Motel, RV & Institutional Residential Densities in SC (Maximum Net Densi — Sec 130-162 Permitted Land Max Net Required Size of Site Total Max Allowed Uses Density Open Units Space Institutional 20 units/ 0 0.47 acres 9.4 units 9 units Residential buildable acre Hotel 15 units/ 0 0.47 acres 7.05 units 7 units buildable acre Recreational 10 spaces/ 0 0.47 acres 4.7 units 4 spaces Rental buildable acre NOTE: The density and intensity provisions are intended to be applied cumulatively so that no development shall exceed the total density limits. NOTE: Net buildable area means that portion of a parcel of land that is developable and is not open space required by sec. 130-157 or required minimum bufferyard under chapter 114, article V or required setbacks under sec. 130-186. The following tables illustrate the size and the Maximum nonresidential land use intensity of the Suburban Commercial land use district: Maximum nonresidential land use intensities in SC — Sec 130-164 Permitted Land Uses FAR Size of Site Max Allowed Commercial Retail (Low) 0.35 20,473 ft2 7,166 ft2 Commercial Retail (Medium) 0.25 20,473 ft2 5,118 ft2 Commercial Retail (High) 0.15 20,473 ft2 3,071 ft2 Office 0.4 20,473 ft2 8,189 ft2 Commercial Recreational 0.1 20,473 ft2 2,0473 ft2 Institutional 0.3 20,473 ft2 6,142 ft2 Outdoor Recreational 0.1 20,473 ft2 2,0473 ft2 Public 0.3 20,473 ft2 6,142 ft2 Light Industrial 0.3 20,473 ft2 1 6,142 ft2 NOTE: The density and intensity provisions are intended to be applied cumulatively so that no development shall exceed the total density limits. Lloyd A. Good, Jr. M28098 Page 15 of 26 DRC: October 19, 2009 DRC10-09 PC: April 28, 2010 BOCC: TBD DESTINATION RESORT The following tables illustrate the size and the Maximum Residential Density (allocated and maximum net density) in the Destination Resort land use district: Maximum Residential Densities in DR Allocated — Sec 130-157 Permitted Land Uses Allocated Size of Site Total Max Density Units Allowed Permanent Residential 1 units/acre 10.12acres 10.12 10 units (market -rate commercial units apartments) NOTE: The density and intensity provisions are intended to be applied cumulatively so that no development shall exceed the total density limits. Maximum Residential Densities in DR (Maximum Net Density) — Sec 130-157 Permitted Land Max Net Required Open Size of Site Total Units Max Uses Density Space Allowed Permanent 18 units/ 0.2 10.12 acres 145.73 units 145 units Residential buildable acre (8.096 (affordable buildable employee acres) housing) NOTE: The density and intensity provisions are intended to be applied cumulatively so that no development shall exceed the total density limits. NOTE: Net buildable area means that portion of a parcel of land that is developable and is not open space required by sec. 130-157 or required minimum bufferyard under chapter 114, article V or required setbacks under sec. 130-186. NOTE: The maximum net residential density allowed per district shall not require transferable development rights (TDR) for affordable and employee housing and market rate housing developed in accordance with sec. 130-161(a)(8). The following tables illustrate the size and maximum hotel -motel, RV and institutional residential densities (allocated and maximum net density) in the Destination Resort land use district: Maximum Hotel -Motel, RV & Institutional Residential Densities in DR Allocated — Sec 130-162 Permitted Land Uses Allocated Density Size of Site Total Max Units Allowed Hotel 10 units/acre 10.12acres 101.2 101 units units OTE: The density and intensity provisions are intended to be applied cumulatively o that no development shall exceed the total density limits. Lloyd A. Good, Jr. M28098 Page 16 of 26 DRC: October 19, 2009 DRC10-09 PC: April 28, 2010 BOCC: TBD Maximum Hotel -Motel, RV & Institutional Residential Densities in DR (Maximum Net Density) — Sec 130-162 Permitted Land Uses Max Net Density Required Size of Total Units Max Open Space Site Allowed Hotel 25 units/ buildable 0.2 10.12 202.4 units 202 units acre acres (8.09build able acres) NOTE: The density and intensity provisions are intended to be applied cumulatively so that no development shall exceed the total density limits. NOTE: Net buildable area means that portion of a parcel of land that is developable and is not open space required by sec. 130-157 or required minimum bufferyard under chapter 114, article V or required setbacks under sec. 130-186. The following tables illustrate the size and the maximum nonresidential land use intensities in the Destination Resort land use district: Maximum nonresidential land use intensities in DR — Sec 130-164 Permitted Land Uses FAR Size of Site Max Allowed Commercial Retail (Low) 0.35 440,827ft2 154,289 ft2 Commercial Retail (Medium) 0.25 440,827ft2 110,207 ft2 Commercial Retail (High) 0.15 440,827ft2 1 66,124 ft2 Institutional 0.3 440,827ft2 132,248 ft2 NOTE: The density and intensity provisions are intended to be applied cumulatively so that no development shall exceed the total density limits. The following tables illustrate the size and the maximum residential densities (allocated and maximum net density) in the Mixed Use land use district: Maximum Residential Densities in MU (Allocated) — Sec 130-157 Permitted Land Uses Allocated Size of Site Total Max Allowed Density Units Permanent Residential 3 units/acre 10.12 acres 32.58 32 units (market -rate commercial units Permanent Residential 1 units/acre 10.12 acres 10.86 10 unit (affordable / employee) I I I units NOTE: The density and intensity provisions are intended to be applied cumulatively so that no development shall exceed the total density limits. Lloyd A. Good, Jr. M28098 Page 17 of 26 DRC: October 19, 2009 DRC10-09 PC: Apri128, 2010 BOCC: TBD Maximum Residential Densities in MU (Maximum Net Density) — Sec 130- 157 Permitted Land Uses Max Net Required Size of Site Total Max Density Open Space Units Allowed Permanent 12 units/ 0.2 10.59 acres 104.28 104 units Residential (market- buildable acre (8.69 units rate commercial buildable apartments) acres) Permanent 18 units/ 0.2 10.59 acres 156.42 156 units Residential buildable acre (8.69 units (affordable employee buildable housing) acres NOTE: The density and intensity provisions are intended to be applied cumulatively so that no development shall exceed the total density limits. NOTE: Net buildable area means that portion of a parcel of land that is developable and is not open space required by sec. 130-157 or required minimum bufferyard under chapter 114, article V or required setbacks under sec. 130-186. NOTE: The maximum net residential density allowed per district shall not require transferable development rights (TDR) for affordable and employee housing and market rate housing developed in accordance with sec. 130-161(a)(8). The following tables illustrate the size and maximum hotel -motel, RV and institutional residential densities (allocated and maximum net density) in the Mix Use land use district: Maximum Hotel -Motel, RV & Institutional Residential Densities in MU Allocated —See 130-162 Permitted Land Uses Allocated Size of Site Total Units Max Allowed Density Institutional 5 units/acre 10.59 acres 54.3 units 54 units Residential Hotel 10 units/acre 10.59 acres 108.6 units 108 units Recreational Rental 10 spaces/acre 10.59 acres 108.6 108 spaces spaces NOTE: The density and intensity provisions are intended to be applied cumulatively so that no development shall exceed the total density limits. Lloyd A. Good, Jr. M28098 Page 18 of 26 DRC: October 19, 2009 DRC10-09 PC: April 28, 2010 BOCC: TBD 1 2 3 4 5 Maximum Hotel -Motel, RV & Institutional Residential Densities in MU (Maximum Net Densi — Sec 130-162 Permitted Land Max Net Density Required Size of Site Total Max Allowed Uses Open Units Space Institutional 20 units/ buildable 0.2 10.59 acres (8.69 173.8 173 units Residential acre buildable acres) units Hotel 15 units/ buildable 0.2 10.59 acres (8.69 130.3 130 units acre buildable acres) 5 units Recreational 10 spaces/ 0.2 10.59 acres (8.69 86.9 86 spaces Rental buildable acre buildable acres) units NOTE: The density and intensity provisions are intended to be applied cumulatively so that no development shall exceed the total density limits. NOTE: Net buildable area means that portion of a parcel of land that is developable and is not open space required by sec. 130-157 or required minimum bufferyard under chapter 114, article V or required setbacks under sec. 130-186. The following tables illustrate the size and maximum nonresidential land use intensities in the Mixed Use Land use district: Maximum nonresidential land use intensities in MU — Sec 130-164 Permitted Land Uses FAR Size of Max Allowed Site Commercial Retail (Low) 0.35 378,450 132,456 ft2 ft2 Commercial Retail (Medium) 0.25 378,450 94,613 ft2 ft2 Commercial Retail (High) 0.15 378,450 56,768 ft2 ft2 Office 0.4 378,450 151,380 ft2 ft2 Commercial Recreational 0.1 378,450 37,845 ft2 ft2 Institutional 0.3 378,450 113,535 ft2 ft2 Outdoor Recreational 0.1 378,450 37,845 ft2 ft2 Public 0.3 378,450 113,535 ft2 ft2 Light Industrial 0.3 378,450 113,535 ft2 ft2 NOTE: The density and intensity provisions are intended to be applied cumulatively so that no development shall exceed the total density limits. Lloyd A. Good, Jr. M28098 DRC: October 19, 2009 DRC10-09 PC: April 28, 2010 Page 19 of 26 BOCC: TBD I MIXED USE LAND USE DISTRICT DESIGNATION POTENTIAL DENSITY 2 AND INTENSITY INCREASES 3 Lawfully established units and commercial floor area on Real Estate Numbers 4 00118420.000000 and 0011870.000000, are sited in the Letter of Development Rights 5 Determination (Exhibit B), dated July 16, 2006. There is no development on RE 6 00117930.000000. It states "The Planning Department has determined that fifty-five (55) 7 transient dwelling units and two (2) permanent dwelling units may be replaced, without 8 going through the Residential Rate of Growth Ordinance (ROGO). Additionally, eleven 9 thousand three hundred and twenty-three (11,323) ft2 of nonresidential floor area may be 10 rebuilt without going through the Nonresidential Rate of Growth Ordinance (NROGO)." 11 12 Market rate residential dwellings units in the Mixed Use Land Use District (MU LUDD, 13 (without the corresponding Overlay District), may permit up to 163 dwelling units. 14 Along the same line, affordable / employee housing units in the MU LUDD, (without the 15 corresponding Overlay District), may permit up to 191 residential units. 16 17 Currently, there are 55 lawfully established transient ROGO allocations on the property. 18 In the MU LUDD, (without the corresponding Overlay District), ten (10) hotel units per 19 acre or a total of 105 transient units (10 units x 10.59 acres) are permitted. Additionally, 20 3.5 recreational rentals spaces / acre or a total of 38 spaces (3.5 x 10.59 acres) may be 21 permitted. As a note, if additional transient units are to be developed above the lawfully 22 established units, they will have to be transferred in from another site, consistent with the 23 Comprehensive Plan and Land Development Code. Lastly, a maximum floor area ratio 24 (FAR) of 569,690 ft2 may be permitted. 25 26 In the MU LUDD, the density and intensity provisions are intended to be applied 27 cumulatively so that no development shall exceed the total density limits. 28 29 The following table illustrates the potential increase in the density and intensity if the 30 proposed amendment to Mixed Use Land Use District is adopted without the overlay 31 district proposed simultaneously by Monroe County Staff. MAXIMUM DENSITY / INTENSITY BY CURRENT LDRS WITHOUT OVERLAY Lend Uses in the Mixed t1- Lend Um }—byaMcw1by_ Size of Site (=land) YzimiaLlimshm pot�� Leteese Ii�IDelt)fQOtl�4111L Hotel 10 Rooms per Acr 10.59 acres 105.90 rooms 55 transient 50 transien Office 0.40 461,300.4 sq.ft. 184,520.16 sq.ft. 1,102 sq.ft. 183,418 sq.ft. Marina 0.25 461,300.4 sq. ft. 115,325 sq.ft. 1,000 sq.ft. 114,325 sq ft Penn. Residential 1 Units per Acr 10.59 acres 10.59 units 2 units 8 units Commercial Retail - Medium 0.25 461,300.4 sq.ft. 115,325.35 sq.ft.. 10,251 sq.ft. 105,074 s . ft Recreational Rentals 10 Spaces per Acr 10.59 acres 105.90 Spaces 105 s aces Commercial Fishing 0.40 184,520 sq.ft. 184,520 sq. ft. TOTAL CUMULATIVE DENSITY 210 transient, 10 market rate units 55 transient, 2 market rate units 155 transient, 8 market rate units TOTAL CUMULATIVE 569,690 ft2 12,353ft2 557,337ft Affordable.., Employee Housing 18 units 10 59 acres 190.62 Units 2 unitsi 191 Units Lloyd A. Good, Jr. M28098 Page 20 of 26 DRC: October 19, 2009 DRC 10-09 PC: April 28, 2010 BOCC: TBD 1 2 XIII. CONSISTENCY WITH THE PRINCIPLES FOR GUIDING 3 DEVELOPMENT IN THE FLORIDA KEYS AREA PURSUANT TO F.S. CH. 4 380.0552(7) 5 6 7 For the purposes of reviewing consistency of the adopted plan or any amendments 8 to that plan with the principles for guiding development and any amendments to 9 the principles, the principles shall be construed as a whole and no specific 10 provision shall be construed or applied in isolation from the other provisions. 11 12 a. To strengthen local government capabilities for managing land use and 13 development so that local government is able to achieve these objectives 14 without the continuation of the area of critical state concern designation. 15 b. To protect shoreline and marine resources, including mangroves, coral reef 16 formations, seagrass beds, wetlands, fish and wildlife, and their habitat. 17 c. To protect upland resources, tropical biological communities, freshwater 18 wetlands, native tropical vegetation (for example, hardwood hammocks and 19 pinelands), dune ridges and beaches, wildlife, and their habitat. 20 d. To ensure the maximum well-being of the Florida Keys and its citizens 21 through sound economic development. 22 e. To limit the adverse impacts of development on the quality of water 23 throughout the Florida Keys. 24 f. To enhance natural scenic resources, promote the aesthetic benefits of the 25 natural environment, and ensure that development is compatible with the 26 unique historic character of the Florida Keys. 27 g. To protect the historical heritage of the Florida Keys. 28 h. To protect the value, efficiency, cost-effectiveness, and amortized life of 29 existing and proposed major public investments, including: 30 1. The Florida Keys Aqueduct and water supply facilities; 31 2. Sewage collection and disposal facilities; 32 3. Solid waste collection and disposal facilities; 33 4. Key West Naval Air Station and other military facilities; 34 5. Transportation facilities; 35 6. Federal parks, wildlife refuges, and marine sanctuaries; 36 7. State parks, recreation facilities, aquatic preserves, and other publicly 37 owned properties; 38 8. City electric service and the Florida Keys Electric Co-op; and 39 9. Other utilities, as appropriate. 40 i. To limit the adverse impacts of public investments on the environmental 41 resources of the Florida Keys. Lloyd A. Good, Jr. M28098 Page 21 of 26 DRC: October 19, 2009 DRC10-09 PC: April 28, 2010 BOCC: TBD I j. To make available adequate affordable housing for all sectors of the 2 population of the Florida Keys. 3 k. To provide adequate alternatives for the protection of public safety and 4 welfare in the event of a natural or manmade disaster and for a post disaster 5 reconstruction plan. 6 1. To protect the public health, safety, and welfare of the citizens of the Florida 7 Keys and maintain the Florida Keys as a unique Florida resource. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Staff finds proposed LUDD amendment consistent with the Principles for Guiding Development as a whole and not inconsistent with any one principle. XIV. IMPACT ON COMMUNITY CHARACTER Sugarloaf Lodge was established in the 1960s and has continuously operated as a motel and restaurant to present day. The property has waterfront and provides dockage (marina) for guests staying at the Sugarloaf Lodge facilities and the general public. The existing uses on the property consist of two commercial apartments, offices, restaurant and dockage with marina for motel guests. Staff determined there are four (4) existing lawfully -established non-residential structures on the parcel. In a letter of Development Rights Determination, dated August 9, 2006, staff determined there are 55 transient dwelling units located on RE 00118420.000000. Prior to April 9, 2008, a 24- unit motel stood on the property. Building Permit 08101303 was issued and the hotel was demolished. The followine structures have been lawfully established: Real Estate Number Building Exempt Units Exempt Floor Area 00118420.000000 Motel Office and Lobby 1 dwelling unit 1,102 Motel — Eastern Wing 24 motel units Marina 1,000 Restaurant and Gazebo 5,286 ft Motel — Western Wing 31 motel units Restaurant Gazebo 962 $ 00118470.000000 1 Mixed Use Buildin 1 dwelling unit 2,973ft TOTALS: 55 transient and 2 dwelling units 11,323E The proposed Mixed Use Land Use District amendment is consistent with the overall intended land use characteristics appropriate for this geographic area. However, the density and intensity of the Mixed Use Land Use District are not characteristic of the existing, surrounding area, nor is it consistent with the vision or future proposed density and intensity of the area. Lloyd A. Good, Jr. M28098 DRC: October 19, 2009 DRC10-09 PC: April 28, 2010 Page 22 of 26 BOCC: TBD 1 Below is an analysis of the possible effects a development in the Mixed Use land use 2 district on 10.59 acres will have on public facilities and natural resources. These include 3 traffic, parking and circulation, potable water, storm water, waste water, and solid waste. 4 Potential development would also have an effect on natural resources including 5 education, parks and open space. 6 7 8 Local Traffic, Parking and Circulation 9 The subject parcel is located on U. S. 1 in Lower Sugarloaf Key. Including Bat Tower 10 Road, there are ample driveways available to enter into and exit out of the property. 11 However, the property is only accessible by U.S. 1. Parking is available for all 12 establishments on the three subject parcels. The local neighborhood roads have been well 13 maintained. 14 15 The 2009 U. S. 1 Arterial Travel Time and Delay Study for Monroe County indicates a 16 LOS of "D" on Sugarloaf Key (MM 16.5 to MM 20.5). U.S. Highway No. 1 is required 17 to maintain a level of service (LOS) of "C" in order to support additional development. 18 However, county regulations and FDOT policy allow segments that fail to meet LOS C 19 standards to receive a traffic allocation not to exceed 5% below the LOS C standard. 20 Sugarloaf Key has reserve capacity within the 5% allocation. The resulting flexibility will 21 allow a limited amount of additional land development to continue until traffic speeds are 22 measured again next year or until remedial actions are implemented. This segment is a 23 candidate for being designated either "backlogged" or "constrained" by FDOT. 24 Applications for new development located within backlogged or constrained segments 25 are required to undergo a thorough traffic analysis as part of the review process. 26 27 A thorough traffic analysis is required as part of the review process and will be 28 considered when or if a development application is submitted. 29 30 FDOT is in the process developing turn lanes. These turn lanes historically improve the 31 traffic circulation. 32 33 Potable Water 34 In March 2008, South Florida Water Management District (SFWMD) approved the 35 FKAA's modification of WUP 13-00005-5-W for a 20-year allocation from the Biscayne 36 and Floridian Aquifers. The WUP provides an annual allocation of 8,751 Million 37 Gallons (MG) or 23.98 MGD and a maximum monthly allocation of 809 MG with a 38 limited annual withdrawal from the Biscayne Aquifer of 6,492 MG or 17.79 MGD and an 39 average dry season (December 1"-April 30th) of 17.0 MGD. The overall level of service 40 for potable water is 132 gallons per capita/per/day. 41 42 Maximum Residential = 156 DU X 2.1 (household size in people) = 328; 328 X 132 43 pounds per capita per day = 43,243 gallons per day 44 Lloyd A. Good, Jr. M28098 Page 23 of 26 DRC: October 19, 2009 DRC10-09 PC: April 28, 2010 BOCC: TBD I Stormwater 2 MCC Section 114-3, titled `Surface Water Management Criteria', establishes guidelines 3 and criteria for the safe management and disposal of stormwater runoff from developed 4 areas that will minimize or eliminate any resultant adverse impacts on the surface water, 5 groundwater, and other natural resources of the county. Any change in the use of the 6 property must comply with State and Federal regulations as well as the Monroe County 7 Code, the Monroe County Comprehensive Plan and the Livable CommuniKeys Plans. 8 9 Wastewater 10 Currently, any permitted or replacement on -site or wastewater treatment facility with a 11 design flow of less than or equal to 100,000 gpd within the County must comply with the 12 10/10/10/1 Best Available Technology (BAT) standard, as well as require approval from 13 the Monroe County Health Department and / or the Department of Environmental 14 Protection. Any proposed development associated with the proposed amendment will be 15 subject to this provision or will be mandated to hook up to the central sewer system when 16 it is available. The level of service (LOS) for residential and nonresidential flow is 145 17 gallons per day per equivalent dwelling units (Exhibit 3-8 Sanitary Wastewater Master 18 Plan 2000). 19 20 Maximum Residential = 156 X 145 = 22,620 gallons per day 21 22 Solid Waste (Comprehensive Plan Policy 801.1.1) 23 24 Monroe County has a solid waste haul out contract with Waste Management LLC, which 25 authorizes the use of in -state facilities through September 20, 2016, thereby providing the 26 County with approximately eight (8) years of guaranteed capacity. 27 28 Maximum Residential = 156 DUs X 2.1 (household size in people) = 328; 346 X 5.44 29 pounds per capita per day = 1,784 pounds per day 30 31 Maximum Nonresidential = 12.2 pounds per day per equivalent residential unit X 10.86 32 acres = 133 pounds per day 33 34 TOTAL = 1,784 + 133 pounds per day = 1,917 pounds per day 35 36 Effect on Natural Resources 37 The subject parcels applicable to the proposed amendment are mostly scarified or have 38 been previously cleared. No additional clearing is anticipated. Effects on natural 39 resources for the proposed amendment are not anticipated. 40 41 Effects on Redevelopment/Infill Potential 42 The proposed area is cleared, scarified and developed. Objective 102.3.1 of the Monroe 43 County Year 2010 Comprehensive Plan directs the County to encourage infill 44 development where existing lands are already substantially developed, served by 45 complete infrastructure facilities and within close proximity to established commercial Lloyd A. Good, Jr. M28098 Page 24 of 26 DRC: October 19, 2009 DRC10-09 PC: Apri128, 2010 BOCC: TBD 1 areas and have few sensitive or significant environmental features. The proposed LUDD 2 amendment will encourage infill development to remain on already existing developed 3 land. 4 5 Effects on Public Facilities (Comprehensive Plan 801.1.1) 6 Objective 101.11 of the Monroe County Year 2010 Comprehensive Plan requires the 7 County to direct future growth away from environmentally sensitive land and towards 8 established development areas served by existing public facilities. In a Request for an 9 Amendment to a Minor Conditional Use Permit, dated June 9, 2008, it was determined 10 that Sugarloaf Lodge currently operates an existing sewage treatment plant under DEP 11 permit FLA 014893. The proposed LUDD amendment will affect public facilities. 12 13 The proposed LUDD amendment will not affect Objective 101.11 and will encourage 14 development to remain on disturbed lands rather than encroaching on environmentally 15 sensitive areas. 16 17 Education 18 All public schools are under the purview of Monroe County Board of Education 19 including all capital expenditures relating to facilities improvements or additional 20 development of education facilities. Per the 2008 Monroe County Public Facilities 21 Capacity Assessment Report, the Monroe County requirements are that classroom 22 capacity be "adequate" to accommodate the school -age children generated by proposed 23 land development. The School Board uses recommended capacities provided by the 24 Florida Department of Education to determine each school's capacity. All schools have 25 adequate reserve capacity to accommodate the impacts of the additional land 26 development activities projected for the next school year. 27 28 Parks and Recreation / Open Space 29 The County has adopted an overall level of service, pursuant to Comprehensive Plan 30 Policy 1201.1.1, for resourced-based and activity -based recreation and open space of 0.82 31 acres of per 1,000 persons (functional population). As of 2008, there was 60.49 acres of 32 resourced based parks and 33.29 acres of activity based parks available in reserve in the 33 lower keys. If development occurs at 156 single family residential dwelling units and 2.1 34 per capita, there would be an additional 328 people located on this property. The 35 increase would take up 0.27 acres of recreation. The LUDD would not affect parks and 36 recreation or open space. 37 Lloyd A. Good, Jr. M28098 Page 25 of 26 DRC: October 19, 2009 DRC 10-09 PC: April 28, 2010 BOCC: TBD I SUMMARY 2 By adopting the proposed land use district amendment, the auto body repair shop and the 3 real estate office will come into conformity with the land use. The current overall density 4 and intensity exceeds the characteristics of the existing, surrounding area. The subject 5 parcels are scarified and mainly developed. The Sugarloaf Lodge and its structures have 6 been in place since the 1960s. County staff had determined the majority of the structures 7 are lawfully established. The main parcel currently does not have a Tier designation, 8 while the other two parcels are in Tier 1 and Tier 3 designations. The area is in the 9 Marsh Rabbit Buffer, but not in the habitat. 10 11 A corresponding text amendment to the Monroe County Land Use Code Section 130-131 12 creating the Lower Sugarloaf Key Community Center Overlay District is being 13 recommended for approval prior to this proposed amendment. 14 15 XV. RECOMMENDATION 16 Staff recommends approval to the proposed land use district amendment from NA, SR 17 and DR LUDD to MU LUDD on the 10.59 acres of land. This ordinance is contingent 18 upon the passage by the Board of County Commissioners and the approval of the 19 Department of Community Affairs of the text amendment to the Monroe County Land 20 Development Code submitted by Monroe County staff for the same property legally 21 described above, shown on Exhibit A, and is contingent upon the resolution of any 22 appellate proceedings. 23 Lloyd A. Good, Jr. M28098 Page 26 of 26 DRC: October 19, 2009 DRC10-09 PC: April 28, 2010 BOCC: TBD ORDINANCE NO. -2010 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING THE LAND USE DISTRICT MAP DESIGNATION FROM DESTINATION RESORT (DR), NATIVE AREA (NA) AND SUBURBAN COMMERCIAL (SC) TO MIXED USE (MU) FOR REAL ESTATE NUMBER 00118470.000000 AND FOR PORTIONS OF PARCELS HAVING REAL ESTATE NUMBERS 00118420.000000 AND 00117930.000000 DESCRIBED AS A PORTION OF GOVERNMENT LOT 3 AND PORTION OF GOVERNMENT LOT 4, SECTION 3, TOWNSHIP 67 SOUTH, RANGE 27 EAST AND A PORTION OF GOVERNMENT LOT 3, SECTION 34, TOWNSHIP 66 SOUTH, RANGE 27 EAST, SUGARLOAF KEY, MONROE COUNTY, FLORIDA, LOWER SUGARLOAF KEY, AT APPROXIMATELY MILE MARKER 17. WHEREAS, on December 16, 2008, the Planning Commission approved Resolution P39- 08 recommending approval to the BOCC amending the FLUM from Residential Conservation (RC) to Mixed Use / Commercial (MC), for a portion of property legally described as Section 3 Township 67 Range 27 Sugarloaf Key Pt Lot 3 & Pt Lot 4 having Real Estate Number 00118420.000000; and WHEREAS, on January 26, 2009, the BOCC approved Resolution 002-2009 transmitting an ordinance for adoption to the Department of Community Affairs (DCA) and there were no objections, recommendations or comments from the DCA on the proposed FLUM amendment; and WHEREAS, on June 2, 2009, the BOCC adopted Ordinance 019-2009 amending a FLUM designation on real estate number 00118420.000000 and only on 379ft2, a triangular portion located 110 feet west of Bat Tower Road near U. S. 1 from Residential Conservation (RC) to Mixed Use / Commercial (MC); and WHEREAS, on April 28, 2010, the Planning Commission approved Resolution POI-10 recommending approval to the BOCC amending the Land Use District map from Destination Resort, Native Area and Suburban Commercial land use districts to Mixed Use land use district for the above mentioned real estate numbers; and LUD Amendment M28098 P. I of 6 BOCC Discussion: June 16, 2010 WHEREAS, the legal boundary of the text amendment is as follows: A portion of Government Lot 3 and Portion of Government Lot 4, Section 3, Township 67 South, Range 27 East and a portion of Government Lot 3, Section 34, Township 66 South, Range 27 Ease, Sugarloaf Key, Monroe County, Florida and being more particularly described as follows (All references to Government Lot Lines are per Bailey's Survey of Sugarloaf Properties, December 22, 1972): Begin at the intersection of the Northwesterly Line of U.S. Highway No. 1 (State Road No. 5) and the West Line of Government Lot 3, of said Section 3; thence N.00°16'32"E., along the said Government Lot Line a distance of 60.28 feet; thence N.56°19'10"E., along the said Northwesterly Right -of -Way Line of U.S. Highway No. 1 a distance of 644.56 feet; thence N.33°41'00"W., a distance of 110.00 feet; thence N.56°19'10"E., a distance of 157.47 feet thence meander the Mean High Tide Line along natural shoreline, Concrete Seawalls, and man made canals for the following 112 metes and bounds; thence S.89°59'13"W., a distance of 39.25 feet; thence S.63°40'43"W., a distance of 125.84 feet; thence S.52°19'26"W., a distance of 139.22 feet; thence S.81°00'25"W., a distance of 28.60 feet; thence N.49°28'21 "W., a distance of 36.77 feet; thence N.44°25'27"W., a distance of 56.18 feet; thence N.83°14'35"W., a distance of 35.52 feet; thence S.73°27'37"W., a distance of 55.45 feet; thence S.16°04'40"W., a distance of 11.80 feet; thence S.08°43'26"E., a distance of 47.16 feet; thence S.03°53'20"W., a distance of 14.59 feet; thence S.15°36'18"W., a distance of 14.67 feet; thence N.88°55'31"W., a distance of 8.77 feet; thence S.03°25'47"W., a distance of 99.98 feet; thence S.02°57'49"W., a distance of 17.80 feet; thence S.05°37'36"E., a distance of 27.23 feet; thence S.04°18'37"W., a distance of 80.00 feet; thence S.29°03'10"W., a distance of 8.24 feet; thence S.58°12'03"W., a distance of 94.46 feet; thence N.44°15'14"W., a distance of 27.06 feet; thence N.05°53'54"W., a distance of 25.96 feet; thence N.00°27'22"E., a distance of 17.67 feet; thence N.06°04'01 "E., a distance of 27.63 feet; thence N.08128'38"E., a distance of 18.79 feet; thence N.05° 15'40"E., a distance of 45.38 feet; thence N.03°11'25"W., a distance of 68.18 feet; thence N.01'01'22"E., a distance of 189.87 feet; thence N.89°07'33 "W., a distance of 4.34 feet; thence N.00°59'43 "E., a distance of 79.47 feet; thence N.07°26'49"W., a distance of 9.10 feet; thence N.80153'10"W., a distance of 10.77 feet; thence S.70°37'47"W., a distance of 107.27 feet; thence S.75°11'06"W., a distance of 110.85 feet; thence N.31°25'52"W., a distance of 7.55 feet; thence S.45°41'00"W., a distance of 20.00 feet; thence S.12°56'49"E., a distance of 17.13 feet; thence S.23 ° 15'23 "E., a distance of 148.59 feet; thence S.22'l F53"E., a distance of 87.98 feet; thence S.22°07'09"E., a distance of 53.48 feet; thence S.89105'36"E., a distance of 11.23 feet; thence S.17°43'53"E., a distance of 22.70 feet; thence S.21°46'32"E., a distance of 46.95 feet; thence S.24°32'10"E., a distance of 32.10 feet; thence S.16°46'14"E., a distance of 25.08 feet; thence S.82°11'34"W., a distance of 7.57 feet; thence S.46°06'51 "W., a distance of 15.15 feet; thence S.40°40'00"W., a distance of 8.26 feet; thence S.75°50'28"W., a distance of 27.17 feet; thence N.34149'37"W., a distance of 9.41 feet; thence N.86°53'25"W., a distance of 13.76 feet; thence S.79°27'09"W., a distance of 14.28 feet; thence S.74°36'52"W., a distance of 18.07 feet; thence S.62° 19'33 "W., a distance of 46.19 feet; thence S.64° 17'02"W., a distance of 13.39 feet; thence S.56°50'06"W., a distance of 6.88 feet; thence S.75°59'06"W., a distance of 3.58 feet; thence N.83°26'32"W., a distance of 14.66 feet; LUD Amendment M28098 P. 2 of 6 BOCC Discussion: June 16, 2010 thence N.66°30'52"W., a distance of 3.03 feet; thence N.34°15'31 "W., a distance of 2.61 feet; thence N.07°05'54"W., a distance of 3.06 feet; thence N.38°42'24"W., a distance of 2.31 feet; thence N.54°10'15"W., a distance of 4.07 feet; thence N.30°57'03"W., a distance of 4.14 feet; thence N.08°54'19"W., a distance of 17.54 feet; thence N.07°24'27"E., a distance of 11.48 feet; thence N.26°55'05"E., a distance of 20.95 feet; thence N.36°45'25"E., a distance of 8.54 feet; thence N.39°54'31"E., a distance of 8.27 feet; thence N.42°41'53"E., a distance of 8.81 feet; thence N.45°02'39"E., a distance of 10.01 feet; thence N.46°00'46"E., a distance of 10.52 feet; thence N.43°30'16"E., a distance of 22.20 feet; thence N.36°38'25"E., a distance of 9.34 feet; thence N.27° 19'49"E., a distance of 8.71 feet; thence N.09°53'03 "E., a distance of 8.12 feet; thence N.14°25'46"W., a distance of 5.77 feet; thence N.29°34'21 "W., a distance of 8.10 feet; thence N.27°43' 11 "W., a distance of 8.27 feet; thence N.19° 14' 14"W., a distance of 6.80 feet; thence N.21 °40'53 "W., a distance of 7.56 feet; thence N.39°27'59"W., a distance of 3.20 feet; thence N.67°23'31 "W., a distance of 2.51 feet; thence S.83 °41'23 "W., a distance of 3.79 feet; thence S.62°02'51 "W., a distance of 11.10 feet thence S.55°00'14"W., a distance of 96.97 feet; thence S.58°44'30"W., a distance of 27.82 feet; thence S.71 °47'47"W., a distance of 29.56 feet; thence S.66° 18'30"W., a distance of 129.11 feet; thence S.77°18'41"W., a distance of 49.70 feet; thence N.89°13'39"W., a distance of 18.11 feet; thence S.80°45'45"W., a distance of 75.01 feet; thence N.76°26'39"W., a distance of 10.79 feet; thence S.86°24'08"W., a distance of 12.48 feet; thence S.63°10'25"W., a distance of 19.95 feet; thence S.50°26'45"W., a distance of 9.58 feet; thence S.65°06'48"W., a distance of 5.74 feet; thence S.02°28'04"W., a distance of 15.86 feet; thence S.30'01'28"W., a distance of 12.67 feet; thence S.44°36'29"E., a distance of 15.15 feet; thence S.15°09'31 "E., a distance of 195.02 feet; thence S.15°49'58"E., a distance of 26.50 feet; thence S.06°58'48"E., a distance of 24.39 feet; thence S.17°44'08"W., a distance of 19.93 feet; thence S.39°59'05"W., a distance of 10.31 feet; thence S.54°24'35"W., a distance of 10.99 feet; thence S.68°48'10"W., a distance of 11.09 feet; thence S.89°58'27"W., a distance of 21.32 feet; thence N.65° 14'43 "W., a distance of 10.86 feet; thence N.47° 15'08"W., a distance of 12.74 feet; thence N.28°56'26"W., a distance of 19.18 feet; thence N.13°02'50"W., a distance of 63.96 feet; thence N.13'01'37"W., a distance of 70.92 feet; thence N.13°36'04"W., a distance of 113.63 feet; thence N.15°10'25"W., a distance of 100.91 feet; thence N.59°53'45"W., a distance of 5.95 feet; thence S.75°02'38"W., and leaving the said shoreline a distance of 175.86 feet; thence S.14°57'22"E., a distance of 356.02 feet; thence S.59°39'59"W., a distance of 77.48 feet; thence S.30°16'10"E., a distance of 269.50 feet to the said Northwesterly Right -of -Way line of U.S. Highway no. 1; thence N.56°19'10"E., along the said Northwesterly Right -of -Way line of U.S. Highway No. 1 a distance of 792.73 feet to the Point of Beginning. Parcel contains 481,358 square feet or 10.59 acres, more or less. WHEREAS, the size of the proposed amendment is 10.59 acres on three parcels; and WHEREAS, the tier for real estate number 00118420.000000 has been undesignated pursuant to Final Order Number DC07-GM-166. This parcel will be evaluated by the Tier Designation Committee and recommendations made to the BOCC; and LUD Amendment M28098 P. 3 of 6 BOCC Discussion: June 16, 2010 WHEREAS, based upon the information and documentation submitted, the Board of County Commissioners makes the Findings of Fact and Conclusions of Law: 1. The proposed LUD amendment will change one parcel (RE 00118470.000000) and portions of two parcels (RE 00117930.000000 and RE 00118420.000000) from Destination Resort (DR), Suburban Commercial (SC) and Native Area (NA) land use district designations to Mixed Use (MU) land use district designation as seen on Mr. Good's boundary survey (Exhibit A). 2. A corresponding text amendment to the Monroe County Land Use Code Section 130-131 creating the Lower Sugarloaf Key Community Center Overlay District is being recommended for approval prior to this proposed amendment. 3. Goal 101 of the Year 2010 Monroe County Comprehensive Plan manages future growth to enhance the quality of life. 4. Objective 101.4 Year 2010 Monroe County Comprehensive Plan maintains the community character and protects natural resources by regulating future development and redevelopment. 5. Staff determined that the proposed map amendment is in accordance with MCC Section 102-158(d)(5)b(v) Recognition of a need for additional detail or comprehensiveness. 6. Staff finds the proposed LUD amendment consistent with the Principles for Guiding Development as a whole and not inconsistent with any one principle. 7. The proposed area is cleared and scarified and will not significantly affect natural resources. 8. Staff has determined the proposed LUD designation to Mixed Use (MU) will change community character. 9. Local roads are already in place and have been well maintained. 10. The area is scarified. Effects on natural resources are not anticipated. 11. The proposed LUD amendment will encourage commercial development to remain on disturbed lands rather than encroaching on environmentally sensitive areas. 12. The 2008 U. S. 1 Arterial Travel Time and Delay Study for Monroe County indicates a LOS of "D" on Sugarloaf Key (MM 16.5 to MM 20.5). Applications for new development located within backlogged or constrained LUD Amendment M28098 P. 4 of 6 BOCC Discussion: June 16, 2010 segments are required to undergo a thorough traffic analysis as part of the review process. 13. The LUD amendment may have an effect on solid waste, potable water and wastewater. 14. The real estate office and auto body repair shop are nonconforming under the Destination Resort LUD designation. 15. The 379ft2 of Native Area is not consistent with the future land use map of Mixed Use / Commercial. 16. Land use district amendment is contingent on a final approval and effective date of the Lower Sugarloaf Key Overlay District text amendment; WHEREAS, the Planning & Environmental Resources Department Staff has found that all of the required standards are met and recommends approval of the application. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. The Land Use District designation of the Monroe County Code shall be amended as delineated in the attached boundary survey, as shown on Exhibit A, for the properties described, which are currently designated with Native Area, Suburban Residential and Destination Resort land use district designations and shall be designated Mixed Use as shown on the attached map, which is hereby incorporated by reference and attached as Exhibit D. Section 2. This ordinance is contingent upon the passage by the Board of County Commissioners and the approval of the Department of Community Affairs of the ordinance allowing the amendment to the Lower Sugarloaf Key Community Center Overlay District amendment submitted by Monroe County for the same property legally described above, shown on Exhibit A. It is contingent upon the resolution of any appellate proceedings for this ordinance and the ordinance concerning the overlay district amendment for the same property. Section 3. Severability. If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or provision immediately involved in the controversy in which such judgment or decree shall be rendered. LUD Amendment M28098 P. 5 oft BOCC Discussion: June 16, 2010 Section 4. Conflicting Provisions. In the case of direct conflict between any provision of this ordinance and a portion or provision of any appropriate federal, state, or County law, rule code or regulation, the more restrictive shall apply. Section 5. Transmittal. This ordinance shall be transmitted by the Planning and Environmental Resources Department to the Florida Department of Community Affairs as required by F.S. 380.05(11) and F.S. 380.0552(9). Section 6. Filing. This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not become effective until a notice is issued by the Department of Community Affairs or Administration Commission approving the ordinance. Section 7. Inclusion in the Monroe County Code. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition to amendment thereto, and shall be appropriately renumbered to conform to the uniform marking system of the Code. Section 8. Effective Date. This ordinance shall become effective as provided by law and stated above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a special meeting held on the day of A.D., 2010. Mayor Sylvia J. Murphy Mayor Pro Tem Heather Carruthers Commissioner Kim Wigington Commissioner George Neugent Commissioner Mario Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Sylvia J. Murphy ATTEST: DANNY L. KOLHAGE, CLERK M NAOE COUNTY ATTORNEY AFPROVEWAS TO ORM LUD Amendment M28098 P. 6 ofd BOCC Discussion: June 16, 2010 -4 UA in rFE-0 N 5,6 'b _ •moo cPF.�= \` k� .a�<,x:c �i�: ��r�n ; '"` �` � 9s Q 'j � t� \'�\ 5�� _ .`S-E`�=�SBa �:c:�_°� '•p•9 pub �$i; e. $ R� j o � ,� t3 •i" x �� a to � � � ; g _ s J 3 t>�� i ..�� :T> •, L c gry . F a s°�c$Fa < ry8€� -� 3 Q. �C. I� _ / `• t � •�'\ aa. _ -r'_ __Tn Ea_ __a Eu= - e (� «^ .., n / �h. .7 •Li �F E `���-',� m?=ry _�e 7?�F� _03 : N W Zg <• - � ..._ ... .you \ \ R�S�gy a=`m;= aN2 �°s Sl 4*1 E.S=---"' ••? '. _ � s FEY '✓/ . E;r t as - - - - - - - - - - - - �\ - -� ° - - - \• ! .ru �. i.s . _ .. _ ��:Y"' =-� � ' i^'t� •, g.15\ tA tA _ o I- � `•� , y���y 1, � e?• �, It C �. ry 6 W ef' S . 4 �p.01 � s^gytx't'�• o � ti R, is mil .71 ON; - v 6 v E - PQ o a�� N N O a C Q r 06 00 W) M 00 O to p p ap L l� in T _ O 00 a� 00 O 00 in kn •,A .., .y C .43 .., a tn a A N C Q G N en � N ° y h y W pp bh Oy Oy tny C 4. N pp v� O O N v� N N IM in S.W a bD 0� i d a en V in inin � ellW .. c O Gy y cr y y ►7 �' �D C*, in � O N p!, 00 00 N o0 12 0 0 DO vi N wl ~ a O N N FayQ O�n N MO00 600 O O O O �+ eq I� N � a C 0 � 'Oy yy N O f� Vl VJ f� VJ f� am' J is c� Vi Vi cC Vi M m (d � I CN CN O O O O O O O O O O O O O O O O ti O 71 d4`''d`�'d� ioo io io zJ o2 C i v i m i z i U 0 W O o o W k �y S .�' N A W r� O a ti o O O —W O y O A V] z= 'N. ,, N w x H Q akn H -- cg IEE M-j d z ° b O Fytzai -- o y C O C O w Ica a ° _ v o f w o� o xO N n.UwU O 0 O d x O iw u P4 u d- EMBIT C • County of Monroe Planning Department 2798 Overseas highway Suite 410 Marathon, FL 33050 Voice: (305) 289-2500 FAX: (305) 289-2536 41 Board of County Commissioners Mayor Charles McCoy, Dist 3 Mayor Pro Tern Dixie Spehar, Dist 1 George Neugent, Dist 2 Vacant, Dist 4 Glenn Patton, Dist 5 We strive to be caring, professional and fair August 9, 2006 Lloyd Good 17001 Overseas Highway Sugarloaf Key, FL 33042 RE: LETTER OF DEVELOPMENT RIGHTS DETERMINATION FOR THE SUGARLOAF LODGE PROPERTY, LOCATED ON TWO PARCELS ON SUGARLOAF KEY HAVING THE REAL ESTATE NUMBERS 00118420.000000 AND 00118470.000000 Mr. Good, You requested a determination as to the number of dwelling units that may be rebuilt and exempt from the Residential Rate of Growth Ordinance (ROGO) and the amount of nonresidential square footage that may be rebuilt and exempt from the Non -Residential Rate of Growth Ordinance (NROGO) on the above -described premises. Based upon further review of additional records and new information, this letter shall serve as a revision to an earlier development rights determination for the subject property, provided by the Planning Department on July 19, 2006. I. BACKGROUND INFORMATION The applicant is proposing to redevelop Sugarloaf Lodge, an existing resort on Sugarloaf Key. The resort is a mixed -use development, consisting of a motel, restaurant, marina, bank, real estate office, gas station, convenience store and post office. There are six (6) structures located on two (2) parcels and the subject parcels have a total land area of approximately twenty-eight (28) acres. The applicant asserts that fifty-five (55) transient motel rooms and two (2) permanent apartments are lawfully -established and thereby exempt from ROGO. In addition, the applicant asserts that the existing nonresidential structures are lawfully -established and the floor area is thereby exempt from NROGO. H. REVIEW OF RECORDS FOR RE 00118420.000000 Sugarloaf Lodge, Letter of Development Rights Determination (RE 00118420.000000 & RE 00118470.000000) Page 1 of 12 1. The parcel identified as RE 00118420.000000 has a legal description of 3 67 27 Y67703-03 SUGARLOAF KEY PT LOT 3 & PT LOT 4 OR557-330-331 OR557-332-338 CASE #75- 102-CP-12 OR888-116/120 OR1039-18/20E(LD). 2. The parcel is currently located in a Destination Resort (DR) Land Use District. Resort hotels and their accessory uses are permitted in the DR District with minor conditional use approval. Concerning permanent residential uses, single-family, detached dwellings are permitted as - of -right and attached dwellings may be permitted with major conditional use approval. Prior to 1986, the parcel was divided within four zoning districts—RU-7 (Residential Tourist), BU-1 (Light Business), BU-2 (Medium Business) and GU (General Use). 3. According to the Monroe County's Property Appraiser's records, there are five (5) buildings on the parcel. The structure described as Building 1 is the motel office and lobby building; Building 2 is the eastern wing of the motel; Building 3 is the marina building; Building 4 is the restaurant; and Building 5 is the western wing of the motel. These records are supported by an unofficial land survey by Frederick H. Hildebrandt, dated July 25, 2005. 4. There are fifty-five (55) existing motel rooms on the parcel. Motel rooms are considered transient residential dwelling units. In addition, there is one (1) permanent residential dwelling unit on the parcel. MCC Sec. 9.5-120.4 and Administrative Interpretation 03-108 provide criteria to determine whether or not a dwelling unit was lawfully -established: (a) The residential use was allowed at the time the motel was built in the 1960s. In addition, the property is currently located in a DR District, which permits resort hotels with minor conditional use approval and permanent attached dwelling units and employee housing with major conditional use approval. (b) Site visits were conducted by a Monroe County Planner, Joseph Haberman, on May 24, 2006 and on July 27, 2006. Two (2) motel buildings, consisting of fifty-five (55) transient dwelling units, were observed on the property. The one-story eastern wing of the motel (Building 2) consisted of twenty-four (24) motel rooms and the two-story western wing of the motel (Building 5) consisted of thirty-one (31) motel rooms. Of the motel rooms, fifty-four (54) were single -rooms and one (1) was a double -room suite (Room 201). There was evidence of electric and water service to all of the rooms. In addition, there was one (1) apartment within the motel office and lobby building (Building 1). It appeared to be occupied by a long-term tenant. (c) No original Building Permit for the motel or apartment was located for review. However, the building permit history supports the existence of fifty-five (55) transient dwelling units and one (1) permanent dwelling unit. Sugarloaf Lodge, Letter of Development Rights Determination (RE 00118420.000000 & RE 00118470.000000) Page 2 of 12 • 0 Most notably, as part of Building Permit A2654, issued in 1977, the applicant submitted an un-scaled map of the Sugarloaf Lodge property showing fifty-five (55) motel rooms having the same configuration and room numbers as the currently existing motel rooms. In addition, the diagram shows the building in which the apartment is located. Further, Building Permits A2800 (1977), 891-1490 (1989), 941-0422 (1994), 941- 0516 (1994), 941-0465 (1994), 941-0813 (1994), 941-1471 (1995), 951-0574 (1997) and 981-1766 (1998) support the existence of the motel and indicate that it has remained in continuous operation on the property. (d) The Monroe County Property Appraiser's records for RE 00118420.000000 show a building value on the parcel from 1982 to present. There are currently five (5) buildings attributed to the property, a figure consistent with records from 1994, which indicate the existence of the same five (5) buildings. No records for 1990 were located for review. The years built of the two (2) motel buildings, Buildings 2 and 5, are indicated as 1960 and 1966, respectively. Appraiser's notes from 1997 indicate that the Sugarloaf Lodge consisted of fifty-five (55) units. The year built of the motel office and lobby building, Building 1, is indicated as 1968. (e) Aerial photography from 1982 to present confirms the continuous existence of the two (2) motel buildings (Buildings 2 and 5) and the motel office and lobby building (Building 1). (f) The Sugarloaf Lodge has a valid occupational license for 2005. According to the license from 2005, the motel has a new business date of September 30, 1962 and the number of units is specified as fifty-five (55). An occupational license for 1993-1994 was also found for Sugarloaf Lodge. However, the license from 1994 did not provide a total number of rooms. No additional occupational licenses were submitted for review. (g) On a building floor plan for the motel office and lobby building (Building 1), produced by Clifford W. Wright and dated April 13, 1966, the apartment is specified as existing within the building and is illustrated in its current configuration. (h) Florida Keys Aqueduct Authority records indicate that water service has been provided to the property since the 1950s. Based on a review of the records, on the parcel identified as RE 00118420.000000, the Planning Department has determined that twenty-four (24) transient dwelling units in the eastern wing of the motel (Building 2) and thirty-one (31) transient dwelling units in the western wing of the motel (Building 5) are lawfully -established. Of these lawfully - Sugarloaf Lodge, Letter of Development Rights Determination (RE 00118420.000000 & RE 00118470.000000) Page 3 of 12 0 L] established transient dwelling units, fifty-four are considered single -room units and one (1) is considered a double -room suite. In addition, the Planning Department has determined that one (1) permanent dwelling unit in the motel office and lobby building (Building 1) is lawfully -established. 5. There are three (3) existing nonresidential structures on the parcel. Pursuant to MCC Sec. 9.5-124.3 and Administrative Interpretation 03-108, owners of land upon which lawfully - established nonresidential floor area exists, shall be entitled to one (1) square foot for each such square foot in existence. MCC Sec. 9.5-124.3 and Administrative Interpretation 03-108 provide criteria to determine whether or not nonresidential floor area was lawfully -established: (a) The nonresidential uses were allowed at the time the motel resort was built in the 1960s. In addition, the parcel is currently located in a DR District, which permits resort hotels and their accessory uses with minor conditional use approval. (b) Site visits were conducted by a Monroe County Planner, Joseph Haberman, on May 24, 2006 and on July 27, 2006. One (1) motel office and lobby building (Building 1), one (1) marina (Building 3) and one (1) restaurant (Building 4) were observed on the property. Each of the buildings appeared to be in use. (c) No original Building Permits for the three (3) nonresidential buildings were found. However, the building permit history supports the existence of lawfully -established nonresidential floor area. As part of Building Permit A2654, issued in 1977, the applicant submitted an un- scaled map of the Sugarloaf Lodge property showing and identifying the motel office and lobby (Building 1), marina (Building 3) and restaurant (Building 4). The 1977 map illustrated the three buildings with the same configuration and uses as the currently existing structures. In addition, since 1977, a number of Building Permits have been issued for the property, supporting a continuous commercial retail use within the marina (Building 3) and restaurant (Building 4) and a continuous office use within the motel office and lobby building (Building 1): • Supporting the commercial use of the marina (Building 3), Building Permit 941- 0319 was issued for commercial signage in 1994. The application included a site plan showing the marina building with its current dimensions. Supporting the commercial use of the restaurant (Building 4), Building Permit A10793 was issued to replace an existing restaurant deck in 1983; Building Permit 871-0553 was issued to repair the A/C of a restaurant in 1987; and Building Permit 931-6938 was issued to construct a 962 square foot gazebo, serving as a commercial accessory use to an existing restaurant, in 1994. Sugarloaf Lodge, Letter of Development Rights Determination (RE 00118420.000000 & RE 00118470.000000) Page 4 of 12 However, none of these permits indicate a total amount of commercial square footage for the restaurant. • Supporting the office use within the motel office and lobby (Building 1), Building Permit 981-1766 was issued to repair the roof of the office in 1998. • In addition, Building Permits 881-2203 (1988), 901-1465 (1990) and 981-2966 (1999) were issued for commercial signage for the property, but do not clearly indicate which building the commercial activity is taking place. (d) The Monroe County Property Appraiser's records for RE 00118420.000000 show a building value on the property from 1982 to present. There are currently five (5) buildings attributed to the property, a figure consistent with records from 1994, which indicate the existence of the same five (5) buildings on the property. The year built of the motel office and lobby (Building 1) is indicated as 1968 and it is described as a one-story structure that consists of 2,462 square feet of ground floor area. The year built of the marina (Building 3) is indicated as 1967 and it is described as a one-story structure that consists of 1,000 square feet of ground floor area. The year built of the restaurant (Buildings 4) is indicated as 1967 and it is described as a one-story structure that consists of 5,286 square feet of ground floor area. (e) Aerial photography from 1982 to present confirms the continuous existence of the three (3) nonresidential buildings (Buildings 1, 3 and 4). (f) The Sugarloaf Lodge restaurant and Sugarloaf Marina have valid occupational licenses for 2005. According to the license from 2005, the restaurant has a new business date of September 30, 1962 and the marina has a new business date of May 31, 1994. No additional occupational licenses were submitted for review. (g) Florida Keys Aqueduct Authority records indicate that water service has been provided to the property since the 1950s. Based on a review of the records, on the parcel identified as RE 00118420.000000, the Planning Department has determined that the following floor area is lawfully -established: In the marina (Building 3), 1,000 square feet of nonresidential floor area is lawfully - established. This figure is the total ground floor area specified in the Property's Appraisers records and is consistent with the unofficial land survey by Frederick H. Hildebrandt. In the restaurant (Building 4), 5,286 square feet of nonresidential floor area is lawfully - established. This figure is the total ground floor area specified in the Property's Appraisers records and is consistent with the unofficial land survey by Frederick H. Hildebrandt. Sugarloaf Lodge, Letter of Development Rights Determination (RE 0011.8420.000000 & RE 00118470.000000) Page 5 of 12 In the motel office and lobby building (Building 1), 1,102 square feet of nonresidential floor area is considered lawfully -established. This figure is based on a building floor plan for the motel office and lobby building, produced by Clifford W. Wright and dated April 13, 1966. According to the floor plan, in total, the motel office and lobby building consists of 2,260 square feet, a figure consistent with the Property Appraiser's records of 2,462 square feet. Deducting the floor area dedicated to the residential apartment and the motel lobby, there is 1,102 square feet of nonresidential floor area, which includes the office space in the western section of the building and the motel reception and storage space in the center of the building. Although all of the floor area within the motel office and lobby building is considered lawfully -established, the floor area of the lobby (accessory to the transient residential component) and residential apartment is not considered commercial or nonresidential and thereby is not subject to NROGO. As a result, this floor area may not be rebuilt or converted into nonresidential floor area. In addition, Building Permit 931-6938, approved by the PIanning Department, was issued for the construction of 962 square foot gazebo as a commercial accessory use in 1994. This nonresidential floor area is considered lawfully -established, although it is not described in the Property Appraiser's records. M. REVIEW OF RECORDS FOR RE 00118470.000000 1. The parcel identified as RE 00118470.000000 has a legal description of Y67703-08 SUGARLOAF KEY PT LOT 3 OR557-332/338 CASE #75-102-CP-12. 2. The property is located in a Destination Resort (DR) Land Use District. According to the Future Land Use Map (FLUM), the Future Land Use designation is Mixed Use (MU). Resort hotels and their accessory uses are permitted in the DR District with minor conditional use approval. Concerning permanent residential uses, single-family, detached dwellings are permitted as -of -right and attached dwellings may be permitted with major conditional use approval. Prior to 1986, the property was designated within a BU-2 (Medium Business) District. 3. According to the Monroe County's Property Appraiser's records, there is one (1) building on the parcel identified as RE 00118470.000000. These records are supported by an unofficial land survey by Frederick H. Hildebrandt, dated July 25, 2005. 4. There is one (1) permanent residential dwelling unit on the parcel. MCC Sec. 9.5-120.4 and Administrative Interpretation 03-108 provide criteria to determine whether or not a dwelling unit was lawfully -established: (a) The residential use was allowed at the time the motel was built in the 1960s. In addition, the property is currently located in a DR District, which permits permanent attached dwelling units and employee housing with major conditional use approval. Sugarloaf Lodge, Letter of Development Rights Determination (RE 00118420.000000 & RE 00118470.000000) Page 6 of 12 • 0 (b) Site visits were conducted by a Monroe County Planner, Joseph Haberman, on May 24, 2006 and on July 27, 2006. One (1) mixed -use building (Building 1) was observed on the property. The building consisted of a real estate office, bank, gas station, convenience store and residential apartment. The dwelling unit had electric and water service and appeared to be occupied by a long-term tenant. (c) No original Building Permit for the dwelling unit was located for review. However, the building permit history supports the existence of one (1) permanent dwelling unit within the mixed -use building (Building 1). As part of Building Permit 021-4553, issued in 2002, the applicant submitted a floor plan of the mixed -use building (Building 1) showing the apartment in its current configuration. (d) The Monroe County Property Appraiser's records for RE 00118470.000000 show a building value on the parcel from 1982 to present. There is currently one (1) building (Building 1) attributed to the property. The year built is indicated as 1958 and it is described as a one-story structure that consists of 4,003 square feet of ground floor area. (e) Aerial photography from 1982 to present confirms the continuous existence of the one (1) building (Building 1). (f) Florida Keys Aqueduct Authority records indicate that water service has been provided to the property since the 1950s. Based on a review of the records, on the parcel identified as RE 00118470.000000, the Planning Department has determined that one (1) permanent dwelling unit in the mixed -use building (Building 1) is lawfully -established. 5. The applicant asserts that the one (1) existing nonresidential structure is lawfully -established and thereby the floor area is exempt from NROGO. Pursuant to MCC Sec. 9.5-124.3 and Administrative Interpretation 03-108, owners of land upon which lawfully -established nonresidential floor area exists, shall be entitled to one (1) square foot for each such square foot in existence. MCC Sec. 9.5-124.3 and Administrative Interpretation 03-108 provide criteria to determine whether or not nonresidential floor area was lawfully -established: (a) The nonresidential uses were allowed at the time the motel resort was built in the 1960s. In addition, the parcel is currently located in a DR District, which permits resort hotels and their accessory uses with minor conditional use approval. (b) Site visits were conducted by a Monroe County Planner, Joseph Haberman, on May 24, 2006 and on July 27, 2006. One (1) mixed -use building (Building 1) was Sugarloaf Lodge, Letter of Development Rights Determination (RE 00118420.000000 & RE 00118470.000000) Page 7 of 12 observed on the property. The building consisted of a real estate office, bank, gas station, convenience store and residential apartment. (c) No original Building Permit for the mixed -use building (Building 1) was found. However, the building permit history supports the existence of lawfully -established nonresidential floor area in the building. As part of Building Permit A2654, issued in 1977, the applicant submitted an un- scaled map of the Sugarloaf Lodge property which shows and identifies the service station and post office as existing on the property. In addition, since 1977, a number of Building Permits have been issued for the property, strongly supporting continuous commercial retail and office uses within the mixed -use building (Building 1). (d) The Monroe County Property Appraiser's records for RE 00118470.000000 show a building value on the parcel from 1982 to present. There is currently one (1) building (Building 1) attributed to the property. The year built is indicated as 1958 and it is described as a one-story structure that consists of 4,003 square feet of ground floor area. (e) Aerial photography from 1982 to present confirms the continuous existence of the one (1) building (Building 1). (f) On the property, Jens Stop N Shop had an occupational license for 2005, and its new business date is indicated as April 19, 1989 for the deli and October 1, 1992 for the retail grocery store. First State Bank has a valid occupational license for 2005 and its new business date is indicated as September 9, 1995. Century 21 Keysearch Realty has a valid occupational license for 2005 and its new business date is indicated as November 27, 1979. No additional occupational licenses were submitted for review. (g) Florida Keys Aqueduct Authority records indicate that water service has been provided to the property since the 1950s. Based on a review of the records, on the parcel identified as RE 00118470.000000, the Planning Department has determined that 2,973 square feet of nonresidential floor area in the mixed -use building (Building 1) is lawfully -established. According to the Property Appraiser's records, in total, the building has 4,003 square feet of floor area. Using the dimensions of the residential apartment as indicated in Building Permit 021-4553, which are consistent with the observations made during the site visit, 1,030 square feet of floor area dedicated to the residential apartment was deducted from the total square footage. Sugarloaf Lodge, Letter of Development Rights Determination (RE 00118420.000000 & RE 00118470.000000) Page 8 of 12 IV. DEVELOPMENT RIGHTS DETERMINATION Lawfully Established Dwelling Units and Nonresidential Floor Area: In conclusion, based on a review of the records for Real Estate Numbers 00118420.000000 and 00118470.000000, the Planning Department has determined that fifty-five (55) transient dwelling units and two (2) permanent dwelling units may be replaced, conforming to all current Monroe County Codes, without going through ROGO. Of the motel rooms, fifty-four (54) are single -rooms and one (1) is a double -room suite. In addition, eleven thousand three hundred and twenty-three (11,323) square feet of nonresidential floor area may be rebuilt, conforming to all current Monroe County Codes, without going through NROGO. Real Estate Number Building Ground Floor Area Exempt Units Exempt Floor Area 00118420.000000 Motel Office and Lobby (Building 1 2,462 ft2 1 dwellinp, unit 1,102 W 00118420.000000 Motel — Eastern Win Buildin 2 11,250 W 24 motel units -- 00118420.000000 Marina (Building 3) 1 000 ft' -- 1,000 ft2 00118420.000000 Restaurant(Building 4 5,286 ft2 — 5,286 ft- 00118420.000000 Motel — Western Win(Building 5 11,928 W 31 motel units 00118420.000000 Restaurant Gazebo 962 & 962 ft2 00118470.000000 Mixed -Use Building uildin 1 4,003 ft- 1 dwelling unit 2,973 W Total 36,891 ft' 57 units 11,323 ft- For each dwelling unit replaced and each square foot of nonresidential floor area rebuilt, the equivalent amount of existing dwelling units or existing nonresidential floor area must be demolished or removed with a Monroe County Building Permit. Any additional dwellings or nonresidential floor area will have to be acquired and allocated through ROGO or NROGO. Pursuant to MCC Sec. 9.5-124(b), nonresidential floor area means the sum of the gross floor area for a nonresidential structure as defined in MCC Sec. 9.5-4, any areas used for the provision of food and beverage services and seating whether covered or uncovered, and all covered, unenclosed areas except for walkways, stairways, entryways, parking and loading. Nonresidential floor area is not space occupied by transient residential and institutional residential principal uses, such as the motel lobby or laundry facilities. Pursuant to MCC Sec. 9.5-4 (D-31), a dwelling unit means one (1) or more rooms physically arranged to create a housekeeping establishment for the occupancy by one (1) family with separate toilet facilities. Pursuant to MCC Sec. 9.5-4 (R-17), a room, hotel or motel, means a unit in a public lodging establishment as defined by Florida Statute Sec. 509.013(4)(a) intended for transient lodging only for periods not exceeding thirty (30) days. For the purpose of density restriction, a hotel or motel room may be a single room or a suite and may include a kitchenette but no more than one and one-half (1 '/2) bathrooms, one (1) bedroom and one (1) other living area. All entrances shall share the same key or means of controlling access. Suites containing more than one (1) bedroom and one and one-half (1 %) baths may be constructed; however each bedroom/bath combination shall be considered a hotel unit. Sugarloaf Lodge, Letter of Development Rights Determination (RE 00118420.000000 & RE 00118470.000000) Page 9 of 12 0 Density Requirements: Any future redevelopment of the resort may not lead the property to exceed the maximum residential density, maximum hotel -motel residential density and maximum nonresidential land use intensities allowed in DR District, pursuant to MCC Sections 9.5-262, 9.5-267 and 9.5-269. Pursuant to MCC Sec. 9.5-268, the owners of land upon which a lawfully -established dwelling unit or a mobile home exists, but not including transient residential units, shall be entitled to one (1) dwelling unit for each such unit in existence. The replacements of lawfully -established transient residential units are subject to the density requirements within MCC Sec. 9.5-267. The allocated density for transient units in the DR District is ten (10) rooms per acre and the maximum net density is twenty-five (25) rooms per buildable acre. According to the Property Appraiser's records, the subject property consists of 27.94 acres. Of the 27.94 acres, 12.42 acres have a required environmental open space of 100% and include the mangrove, scrub mangrove, water and saltmarsh. Therefore, 15.52 acres are remaining for residential and commercial development. The allocated density for transient dwelling units is 155.2 rooms (15.52 acres x 10 rooms per acre). The existing 55 transient units utilize 35 percent of the sites transient development potential or 5.4 acres. The remaining 65 percent or 10.12 acres may be utilized for the two existing permanent dwelling units and the existing nonresidential floor area. The allocated density for attached residential is one (1) unit per acre. The two (2) permanent units utilize 2 acres. The remaining 8.12 acres may be applied towards additional residential units and nonresidential floor area. Please note that employee housing that meets the affordable housing guidelines is permitted at a density of 18 units per net buildable area. The commercial uses of the marina and restaurant are restricted by the permitted use section. Pursuant to Section 9.5-243 (b), the restaurant facilities shall accommodate no less than one-third (1/3) of all hotel guests at maximum occupancy at a single serving. There are to be at least two (2) satellite eating and drinking facilities, each accommodating at least twenty-five (25) persons. Commercial retail is to be provided at a minimum of two hundred square feet to include convenience retail, food sales and gifts in one (1) or more sites, excluding restaurants as stated in the paragraph above and in addition on and three -tenths (1.3) square feet commercial retail per each guest room greater than one hundred fifty (150) rooms (not applicable at this time). Additional commercial retail may be provided and are subject to the following floor area ratio requirements: Low intensity .35, medium intensity .25 and high intensity .15. Commercial retail may consist of either dive shops, boat rentals, gift shops, barber/beauty services, travel agencies provided that there is no extension signage advertising these amenities to the general public. Therefore, the bank is a nonconforming use. Pursuant to Section 9.5-143 a nonconforming use has the authority to continue, may perform ordinary repair and maintenance, may not be extended Sugarloaf Lodge, Letter of Development Rights Determination (RE 00118420.000000 & RE 00118470.000000) Page 10 of 12 or changed in use unless the new use conforms to the provisions of the new land use district it is located in. Further, a nonconforming use that is abandoned or discontinued for six (6) consecutive months may not be reestablished or resumed. If the structure in which the nonconforming use is located is damaged or destroyed so a to require substantial improvement, then the structure may be repaired or restored only for uses which conform to the land use district in which it is located. Pursuant to Section 9.5-4, substantial improvement means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the predestruction market value of the structure as determined by the Office of the Tax Accessor of Monroe County, either (1) before the improvement or repair is started or, (2), if the structure has been damaged and is being restored, before the damage occurred. A land use district change could be pursued to make the use conforming. Both the Suburban Commercial and Mixed Use Commercial land use district would support the use of commercial retail (i.e. bank). However, the FLUM of MC would support either one of these possible land use district map amendments. Pursuant to Sec. 9.5-43 of the Monroe County Code, you are entitled to rely upon the representations set forth in this letter as accurate under the regulations currently in effect. We trust that this information is of assistance. If you have any questions regarding the contents of this letter or if we may further assist you with your project, please feel free to contact our Marathon office at (305) 289-2500. S' erely, ,1 Aref Joulani Senior Director of Planning & Environmental Resources Cc: Heather Beckmann, Principal Planner Joseph Haberman, Planner Sugarloaf Lodge, Letter of Development Rights Determination (RE 00118420.000000 & RE 00118470.000000) Page 11 of 12 • Attachment: 9 Building Permit History for Real Estate Number 00118420.000000 (Sugarloaf Lodge) Permit Number Date Issued Description A-2654 08-22-1977 ,Install two 4 ft x 8 ft signs (Airplane Rides $3 / Airplane Rides Ahead A-2800 09-30-1977 Addition to existing porch A-8671 08-23-1981 Install eight solar collectors and four tanks A-10793 08-01-1983 Replace existing restaurant wood deck with 715 sq ft concrete deck A-11780 05-04-1984 Clear land for residential development 871-0553 09-15-1987 Repair central A/C restaurant 881-2203 11-10-1988 Install 2 ft x 4 ft wood sign 891-1490 06-13-1989 Modify existing sewer plant 901-1465 09-10-1990 Repaint and replace lettering on existing sign 891-2196 10-05-1990 Re -roof existing 12,000 sq ft roof 931-6938 01-06-1994 Install 962 sq ft shade gazebo 941-0422 04-26-1994 ATF 110 linear ft retaining wall around sewer plant 941-0319 05-12-1994 Install double face sign (Chevron Marina 941-0516 05-16-1994 Install submerged dolphin containment fence 941-0465 06-21-1994 ATF 6 ft high, 10 ft wide chain link gate 941-0813 07-12-1994 Install 455 linear ft chain link fence 6 ft high around dolphin canal 941-1471 05-03-1995 Add 350 sq ft bathrooms, storage & ice machine room to existing gazebo and motel 951-0574 04-08-1997 Remove submerged fence, construct ATF 880 sq ft dock and walkway 981-1708 10-22-1998 Clear land of exotic vegetation 981-1766 10-30-1998 Repair roof on masonry office, hurricane emergency repair 981-2966 02-18-1999 Replacement of 272 sq ft sign, 24 ft high. Removal of smaller signs 0114253 11-14-2001 Install 300 linear ft PVC sewer line & connect to sewer treatment 021-4532 11-19-2002 Replace one 2 ton split with one 2.5 ton split with no new drops (First State Bank 042-4082 08-26-2004 Replace existing 7 %2 air handler for A/C 041-5178 11-15-2004 Replace 7.5 ton condenser unit 041-5771 12-28-2004 Replace 7.5 ton air handler 051-6705 1 12-13-2005 Install temporary 100 amp pole Building Permit History for Real Estate Number 00118470.000000 (Sugarloaf Lodge) Permit Number Date Issued Description 881-2139 11-04-1988 Remove and install two gas tanks, replace three pumps 931-5665 03-04-1993 Interior renovations to existing commercial building 951-0775 05-24-1995 ATF to complete 4,500 sq ft of urethane coating to existing roof 981-0648 06-01-1998 Upgrade existing as pumps 981-1765 10-30-1998 Repair roof of existing commercial general store and gas station 0214553 10-17-2002 Upgrade electrical service Sugarloaf Lodge, Letter of Development Rights Determination (RE 00118420.000000 & RE 00118470.000000) Page 12 of 12 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 16, 2010 Bulk Item: Yes No X Division: Growth Management Division Department: Planning and Environmental Resources Department Staff Contact Person/Phone #: Christine Hurley Q05, 289-2500 AGENDA ITEM WORDING: A public hearing to consider an ordinance by the Monroe County Board of County Commissioners creating Section 130-131 of the Monroe County Land Development Code, creating The Lower Sugarloaf Key Community Center Overlay District for real estate number 00118470.000000 and for portions of parcels having real estate numbers 00118420.000000 and 00117930.000000 (one of two public hearings). ITEM BACKGROUND: The property owner of this land requested a land use district map amendment of Mixed Use. The Mixed Use category permits extensive intensity found to be inconsistent with the surrounding character of the community, without the corresponding overlay district proposed. Staff recommends the Mixed Use land use district with corresponding overlay parameters as follows: Potential Increase in Density / intensity over what is already established Established Proposed Overlay Destination Resort Mixed Use LUDD Existing Density I Intensity LUDD Density / Density / Intensity Structures (minus the existing Intensity (minus the (minus the existing Units, Spaces and Hotel Rooms and (LDRD August dwelling units, spaces existing dwelling units, dwelling units, spaces Nonresidential Square Footage * 9, 2006) and FAR) spaces and FAR) and F O ...... - 8 units (+) Affordable / Employee Housing Dwelling Units 2 6 (+) 6 units (+) Recreational Rentals Spaces 25 (+) ................ . 105 (+) Hotel Rooms 55 20 (+) 50 (+) 50 (+ Commercial Fishing FAR (square feet) 20,758 (+) 184,520 (+.) Marina FAR (square feet) 19000 19,758 (+) _ Office FAR (square feet) 1,102 . . 19,656 (+) 183,418 (+) Commercial Retail FAR(square feet) 10,251 10,507 + 1749269 + 105,074 + Potential Increase in Density / Intensity over 51 Units and Spaces 58 Units and Spaces 169 Units and Spaces what is alreadz established Totals %435 FAR 1749269 FAR 473,012 FAR PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Hold second public hearing on July 21, 2010 and adopt ordinance only if companion land use district map amendment is approved. TOTAL COST: INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty ,ice OMB/Purchasmg Risk Management DOCUMENTATION: Included X _ Not Required DISPOSITION: AGENDA ITEM # 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: Monroe County Board of County Commissioners Through: Christine Hurley, AICP, Growth Management Director From: Kathy Grasser, Comprehensive Planner Date: May 21, 2010 Subject: Request for an Amendment to the Land Use Regulations creating Section 130-131, creating the Lower Sugarloaf Key Community Center Overlay District Meeting: June 16, 2010 I CHANGES TO ORDINANCE FROM PLANNING COMMISSION MEETING The Planning and Environmental Resources Department staff is requesting an amendment to the Monroe County Land Development Code by creating new Section 130-131 titled `The Lower Sugarloaf Key Community Center Overlay District.' This is the first of two public hearings. The attached ordinance was recommended for approval to the Board of County Commissioners by the Planning Commission at its meeting on April 28, 2010. During the discussion at the Planning Commission meeting, the following changes were made to the staff report and ordinance. These changes did not change the context of the ordinance, but provided clarification on the densities and intensities of the proposed overlay district. The original table, below, was presented in ordinance form to the Planning Commission. BALANCE OF PAGE INTENTIONALLY LEFT BLAND LDR Section 130-131: Lower Sugarloaf Key Community Center Overlay District BOCC: June 16, 2010 P. 1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 MAXIMUM DENSITY / INTENSITY BY PROPOSED LOWER SUGARLOAF KEY COMMUNITY CENTER OVERLAY DISTRICT ..].. d. . „+{:e:. i.a + ::.:: ..•: _.n: r:.s• ... riff:' :r'n _ . «.. ' ............ .. . . ate A •• - _ r..t..: •. ,..,,. ..YS+s'.r• ..1 . i N4 + : C•r ti :'riR•:::`r:irr 'y+ Wl.r . a="" ::. ••,,,... .,, axe:: _ A►1 lo::: Hotel"' 7.25 Rooms per Acre 10.59 acres 75 Rooms Office 12) 0.045 FAR 461,300.4 s .ft. 20,758 sq.ft. Marina (2) 0.045 FAR 461,300.4 sq.ft 209758 sq.ft. Perm. Residential 0.25 Units per Acre 10.59 acres 2 units Commercial Retail - Medium }'� 0.045 FAR 461,300.4 sq.ft. 20,758 sq.ft. Recreational Rentals I1) 2.4 Spaces er Acre 10.59 acres 25 Spaces Commercial Fishing 12) 0.045 FARI 4619300.4 sq.ft. 20,758 sq.ft. TOTAL DENSITY RESIDENTIAL: 100 transient, 2 market rate units TOTAL INTENSITY FAR (3 & 4). 201,758ft2 Affordable / Employee Housing 0.75 Units per Acre 10.59 acresl 8 Units (1) These uses shall not be cumulative. (2) A combination of hotel rooms or recreational rentals shall not exceed a total of 100 rooms and/or spaces. (3) No combination of commercial retail and office structure shall exceed 20,758 sq.ft. FAR. 4) Maximumsquare footage of any one building or structure shall not exceed 10,000 sq.ft. Maximum square footage of any one building or structure shall not exceed 14,000 sq.ft. Changes were made to the following table and ordinance: LOWER §UraARLOAF KEY COh i1 UNITY CENTER OVERLAY CT .. ,.:. :.. . , .r n] J.r..:t....::... \: _ . .>:' :a.:':: a:r, i:�: , .,... •',....•:1: a .. "•,+h':d:>`� w,s.... . ....t ..., r .., .[ i v . _a, i ......... .../ .. i _ .,P• ., ,r . .... :. .....tyy,.-.... ..: :.. ... •• }.-, ...... F. .. J-:•, .. a _ ......... . .. .. .a. .. .... .. a ] r. ?t .a.+ ... >i ., ... .,. ,.,'...,-.. r ..:.+aa :r .......... . .. ,. .... a a.. .. ,.. r.... .P lr... .3 « A .1'>^: :..y.-�:•j its: �..;.,.... i�.E_ ' A ••:wt:�:'.r.% .r ,r.•.••.wt} �\ i.a. .?-•';` F�. J. r�: •:,ti ::, ;Kri:�.i..: ,t: t' •J,:_-,. ,. _ S �• • 'v]: :y!!' off!]>•:� a-.Y.• ..t - i•'hJ.� _r7t.t .,.. a.r.. •�.: x'•r: ' J ♦. 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J! :t. .• .> ,.. .. as .. .... •... +.: _a... w.. + . .a , .`\... ..•: iw , . .ti 1.. r . .... • ,.., . .. , ,... ,... > . .... a, l r a..1• : ... r ... .. ._. .. , ., .... ... ..• .. .. , .`i. ,.!_ $. ..... , _a.... .: .. , .. .. •, ... _ ....w ._ a . 5r. ♦ •xa .:.,,.....:_t.,.,..,t,,.. a, .,a,...y_,.g,,.] .`.^•+,;: y::t:, d.•:•,,..+ .... .... ., as .. .. , .... a ,.A• .a ... ..:. .,,_ .. ... .a.a : ..4_. _}'r .,,. ...,»wi ♦ as a .. ... .. _.. .... 5. ..., _ ,. :...{. ]:d. ,,. • ':r.'.; :'.i'.•!'::.:a: , ,..r .., :tt:y.s !r:,-::�•i'; r� ]%.]�r,A :: at:w .af: tit-�::::C,":S •�:n,`.-i.}.i•:::v)7''i'•:��:. \ "ti �: v' �J.4;:•�i:>J Y:.,::..,'. •.y_'i ::y!...,a_ .�.xJ.: ,_r:],•i�'' .yam >.•. a..--: ::,avw . �'i .t.7r:.. - ..1,• ,: l.i. r:;r.;:,:+.;::•::r - �lln. .. .. r.,t:tiv:- ;a^jar. :� �:., Pc011. agidential lhtitlling Utits r acr 10.59 Hotel Rooms .75 hold roo 10.59 75 Wel ropnl§- nuidmum Recreational Rentals SRagg 25 =eational rcnial sDaces- 10,59 MEM 2 =WioaW reitW Mces - m Office FAR (sg, fl,) 0.045 FAR 461,200.4 sq.h. 20 759 Commercial Retail - Medium FAR (sa- fk 1 0.045 FAR 461 300.4 Mil, 20,759 Marina FAR (1q. fl.) 0.045 FAR 4b1300.4 ag. ft. 2 Cam, eial Fishing FAR (N.Ij,} 0,045 FA 46 I 00 4 2 75 h2ftl unit& 25 recrestional realid 2 ma et DENSIT_t Reside MTENSITY door AreLd 20,758s Aft' / Em io ee Ho l ling units 0.75 units per acre 10.59 a�x The table is changed in the ordinance as follows: 1. Land use categories are now organized into units, rooms and spaces first, and then floor area ratios. 2. Footnotes were deleted. This allowed for better clarification in the data inset. a. Footnote 1: Deleted "These uses shall not be cumulative.'' This is a duplication of statement in the text of the ordinance. b. Footnote 2: Deleted "A combination of hotel rooms or recreational rentals shall not exceed a total of 100 rooms and/or spaces." Deleted the conflict between the density of rooms and spaces and allows for consistency of the combination of rooms and/or spaces. LDR Section 130- l 31: Lower Sugarloaf Key Community Center overlay District BOCC: June 16, 2010 P.2of3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 C. Footnote 3: Deleted `No combination of commercial retail and office structure shall exceed 201758 sq. f1. FAR." This is a duplication of statement in the text of the ordinance. . d. Footnote 4: Deleted "Maximum square footage of any one building or structure shall not exceed 10,000 sq. ft." Deleted the conflict between the density of rooms and spaces and allows for consistency of the combination of rooms and or spaces. Under (1) Density and Intensity in the proposed ordinance, subsection (a) was separated into subsections (a) and (b) to provide better clarification. This is the text from the original ordinance: (1) Density and Intensity: (a) For the purposes of this overlay district,uses with corresuondim density / intensity thresholds shall not be cumulative; except no combination of commercial retail and office shall exceed 20,758ft2 FAR. This is the text from the revised ordinance: (1) Densityy d.Inten�si , . (a) For the purposes of this overlay district, uses with corresponding density / intensity thresholds shall not be cumulative; and (b) No combination of commercial retail and office shall exceed 20,758f? FAR. LDR Section 130-131: Lower Sugarloaf Key Community Center Overlay District BOCC: June 16, 2010 P. 3 of 3 1 2 F 3 '.%. 4 MEMORANDUM 5 MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT 6 We strive to be caring, professional and fair 7 8 To: Monroe County Board of County Commissioners 9 10 Through: Christine Hurley, AICP, Growth Management Director 11 12 From: Kathy Grasser, Comprehensive Planner 13 14 Date: June 1, 2010 15 16 Subject: Request for an Amendment to the Land Use Regulations creatingSection 130.131 , 17 creating the Lower Sugarloaf Key Community Center Overlay District 18 19 Meeting: June 16, 2010 20 21 I REQUEST 22 The Planning and Environmental Resources Department staff is requesting an amendment to the 23 Monroe County Land Use Code by creating new Section 130-131 titled `The Lower Sugarloaf Key y 24 Community Center Overlay District.' This is the first of two public hearinits. LDR Section 130-131: Lower Sugarloaf Key Community Canter Overlay District P. 1 of 15 BOCC: June 16, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Address: 17001-17075 Overseas Highway, Lower Sugarloaf Key Florida, Mile Marker 16 —17 Real Estate Numbers: All of RE 0011793 0.000000 A portion of RE 00118420.000000 A portion of RE 00118470.000000 Descriptions: A portion of Government Lot 3 and portion of Government Lot 4, Section 3, Township 67 South, Range 27 East and a portion of Government Lot 3, Section 34, Township 66 South, Range 27 East, Sugarloaf Key, Monroe County, Florida and a portion of Government Lot 3, Section 34, Township 66 South, Range 27 East, Sugarloaf Key, Monroe County, Florida at 17001 Overseas Highway, Lower Sugarloaf Key, at approximately Mile Marker 17 II PROCESS Amendments may be proposed by the Board of County Commissioners (BOCC), the Planning Commission, the Director of Planning, or the owner or other person having a contractual interest in property to be affected by a proposed amendment. The Director of Planning shall review and process text amendment applications as they are received and pass them onto the Development Review Committee and the Planning Commission for recommendation and final approval by the BOCC. The Planning Commission shall each hold at least one public hearing and the BOCC shall hold at least two public hearings on a proposed amendment that changes the uses permitted in a zoning district. The Planning Commission shall review the application, the reports and recommendations of the Department of Planning & Environmental Resources and the Development Review Committee and the testimony given at the public hearing. The Planning Commission shall submit its recommendations and findings to the BOCC. The BOCC considers the staff report and recommendation of and the testimony given at the public hearing and may pass the amendment or not. The amendment is transmitted to the Florida Department of Community Affairs (DCA) for a final order. III OVERLAY DISTRICT INFORMATION The property owner of this land requested a land use district map amendment of Mixed Use. The Mixed Use category permits extensive intensity found to be inconsistent with the surrounding character of the community, without the corresponding overlay district proposed. The request for the Mixed Use amendment will be heard at the July 14, 2010 BOCC hearing in conjunction with the second (2n public hearing of this proposed overlay district. Staff is requesting approval of the overlay district only if corresponding proposed Mixed Use land use district amendment request by the applicant is approved. The purpose of the Lower Sugarloaf Key Community Center Overlay District is to implement the policies of the comprehensive plan, to protect the natural and man-made historic resources of the community and to encourage development that maintains the small scale and low intensity of Lower Sugarloaf Key, while encouraging the service type uses and community type development the community has recognized important to implement smart growth LDR Section 130-131: Lower Sugarloaf Key Community Center Overlay District BOCC: June 161, 2010 P.2of15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 policies including having services and uses that do not necessitate travel long distances for residents. The goal is to protect and maintain the historic character of the densities and intensities within the Lower Sugarloaf Key Community Center Overlay District. The draft Lower Keys (MM 14.20 — 29.0) Livable CommuniKeys Plan Policy Item 1.5.1 states: "The following areas designated as Mixed Use Commercial (MC) on the Future Land Use Map (FLUM) will be evaluated to determine their potential for designation as Community Centers." Lower Sugarloaf Key (MM 16-17) is listed as one of the potential community centers and has a FLUM of MC. While the Plan is still a draft, it does include recommendations based on years of community input and reflects the overall general recommendations. The subject parcels have a Mixed Use Commercial Future Land Use Map (MC FLU11) designation. The overlay district, as proposed, applies to the boundaries of which are described on the map, attached as Exhibit A. The Lower Sugarloaf Key Community Center Overlay District, when adopted, will become an overlay to the Land Use District Map. Policy 105.2.15 of the Monroe County Year 2010 Comprehensive Plan characterizes Community Centers as a defined geographic area with a mix Of retail, personal service, office and tourist and residential uses. The lawfully established structures in this boundary offer the residents as well as tourists' use of motel, marina, restaurant, apartments and single family residences, offices, auto body shop and a real estate office. The tier for Real Estate number 00118420.000000 has been undesignated pursuant to Final Order Dumber DC07-OM-166. The parcel will be evaluated by the Tier Designation Committee and recommendations made to the BOCC. The following is the densities and intensities for the proposed Lower Sugarloaf Key Community Center Overlay District: LOWER SUGARLOAF KEY COMMUNITY �:!':�%:,,; :::,:': �:p+Ci. ..}:. -1 �:'S::IY rul.�,a-i;nwwi.:•.t, ..iR:T,'t giwi�Jtrr.rr •v'1:1: ',r}n:Try. :N.,}Is : .•..... .. x. �:::; n.ri �'� •ram, . i.,\,. .. 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'•.j`:`;S.i•.i �:.'r `,i'I'�:".� nr. } r,�.�t'rw:v::nr:..r-,w•.};r.:!d:S•.!tT.ik;.ri t::Y. q\ii :fir - i ential pwellip Units 0,25 uniu 14.59 ac _': urd Haul R 75 hotel rooms -maxi 0. 9 75 hotel room i entals S ces Rcm- re irn 10.59 acres25 461 300.4 .ft, recreational regal aces - maxim 20 758 .ft. ce FAR . ft.)0.045 FA Retailmmial - MediumA ft. 461 00.4 20,758 AR _ k 0.045 A 461300. R. 10,758 Nf . r'meacial F� , 4.045 FA 4 7 t. . JOTAL 1Tl Residential: - 7 h ni ZS retread nal ML I 2 market rate unitJ TOTAL INTENSIT 1 r 20 758 Affordable 1 E=Ioya Housing dwelfingits 0.75 units 10, 5R$ LDR Section 130-131: Lower Sugarloaf Key Community Center Overlay District BOCC: June 16, 2010 P.3of15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 The Lower Sugarloaf Key Community Center Distri t Overlay Boundary: Legal Description: Total Land: (Prepared by Mr. Fred Hildebrandt) A portion of Government Lot 3 and Portion of Government Lot 4, Section 3, Township 67 South, Range 27 East and a portion of Government Lot 3, Section 34, Township 66 South, Range 27 East, Sugarloaf Key, Monroe County, Florida and being more particularly described as follows (All references to Government Lot Lines are per Bailey's Survey of Sugarloaf Properties, December 22, 1972): Begin at the intersection of the Northwesterly Line of U.S. Highway No. 1 (State Road No. 5) and the West Line of Government Lot 3, of said Section 3; thence N.0001632"E., along the said Government Lot Line a distance of 60.28 feet; thence N.56019' 10"E., along the said Northwesterly Right -of -Way Line of U.S. Highway No. 1 a distance of 644.56 feet; thence N.33°41'00"W., a distance of 110.00 feet; thence N.56° 19' 10"E., a distance of 157.47 feet thence meander the Mean High Tide Line along natural shoreline, Concrete Seawalls, and man made canals for the following 112 metes and bounds; thence S.89"59' 13 "W., a distance of 39.25 feet; thence S.63 °40'43 "W., a distance of 125.84 feet; thence S.52019'26"W., a distance of 139.22 feet; thence S.81 "00'25"W., a distance of 28.60 feet; thence N.49028'21 "W., a distance of 36.77 feet; thence N.44"25'27"W., a distance of 56.18 feet; thence N.83°14'35"W., a distance of 35.52 feet; thence S.73027'37"W., a distance of 55.45 feet; thence S.16004'40"W., a distance of 11.80 feet; thence S.08043'26"E., a distance of 47.16 feet; thence S.03053'20"W., a distance of 14.59 feet; thence S.15"36'18"W., a distance of 14.67 feet; thence N.88055'31 "W., a distance of 8.77 feet; thence S.03025'47"W., a distance of 99.98 feet; thence S.02°57'49"W., a distance of 17.80 feet; thence S.05037'36"E., a distance of 27.23 feet; thence S.04018'37"W., a distance of 80.00 feet; thence S.29003'10"W., a distance of 8.24 feet; thence S.58012'03"W., a distance of 94.46 feet; thence N.44015' 14"W., a distance of 27.06 feet; thence N.05053'54"W., a distance of 25.96 feet; thence N.00027'22"E., a distance of 17.67 feet; thence N.06004'01 "E., a distance of 27.63 feet; thence N.08028'3 8 "E., a distance of 18.79 feet; thence N.05 ° 15'40"E., a distance of 45.38 feet; thence N.03 ° 11'25 "W., a distance of 68.18 feet; thence N.01001'22"E., a distance of 189.87 feet; thence N.89007'33 "W., a distance of 4.34 feet; thence N.00059'43 "E., a distance of 79.47 feet; thence N.07026'49 "W., a distance of 9.10 feet; thence N.80053' 10"W., a distance of 10.77 feet; thence S.70°37'47"W., a distance of 107.27 feet; thence S.75011'06"W., a distance of 110.85 feet; thence N.31 °25'52 "W., a distance of 7.55 feet; thence S.45°41100"W., a distance of 20.00 feet; thence S.12"56'49"E., a distance of 17.13 feet; thence S.23 ° 15'23 "E., a distance of 148.59 feet; thence S.22011'53"E., a distance of 87.98 feet; thence S.22007'09"E., a distance of 53.48 feet; thence S.89°05'36"E., a distance of 11.23 feet; thence S.17043'53 "E., a distance of 22.70 feet; thence S.21 °46'32"E., a distance of 46.95 feet; thence S.24032'10"E., a distance of 32.10 feet; thence S.16046'14"E., a distance of 25.08 feet; thence S.82011'34"W., a distance of 7.57 feet; thence S.46006'51 "W., a distance of 15.15 feet; thence S.40040'00"W., a distance of 8.26 feet; thence S.75050'28"W., a distance of 27.17 feet; thence N.34049'37"W., a distance of 9.41 feet; thence N.86053'25 "W., a distance of 13.76 feet; thence S.79027'09"W., a distance of 14.28 feet; thence S.74036'52"W., a distance of 18.07 feet; thence S.62019'33 "W., a distance of 46.19 feet; thence S.64" 17'02"W., a distance of 13.39 LDR Section 130-131: Lower Sugarloaf Key Community Center Overlay District BOCC: June 1 b, 2010 P.4of 15 I feet; thence S.56°50'06"W., a distance of 6.88 feet; thence S.75159'06"W., a 2 distance of 3.58 feet; thence N.83 °26'32"W., a distance of 14.66 feet; thence 3 N.6603 0'52 "W., a distance of 3.03 feet; thence N.34° 15'31 "W., a distance of 2.61 4 feet; thence N.07°05'54"W., a distance of 3.06 feet; thence N.38042'24"W., a 5 distance of 2.31 feet; thence N.54° 10' 15 "W., a distance of 4.07 feet; thence 6 N.30057'03"W., a distance of 4.14 feet; thence N.08154'19"W., a distance of 17.54 7 feet; thence N.07°24'27"E., a distance of 11.48 feet; thence N.26"55'05 "E., a 8 distance of 20.95 feet; thence N.36"45'25 "E., a distance of 8.54 feet; thence 9 N.39054'31 "E., a distance of 8.27 feet; thence N.42141'53 "E., a distance of 8.81 10 feet; thence N.45°02'39"E., a distance of 10.01 feet; thence N.46000146"E., a 11 distance of 10.52 feet; thence N.43 °3 0' 16 "E., a distance of 22.20 feet; thence 12 N.36038'25"E., a distance of 9.34 feet; thence N.27°19'49"E., a distance of 8.71 13 feet; thence N.09053'03 "E., a distance of 8.12 feet; thence N.14°25'46"W., a 14 distance of 5.77 feet; thence N.2913421 "W., a distance of 8.10 feet; thence 15 N.27043'11 "W., a distance of 8.27 feet; thence N.19"14'14"W., a distance of 6.80 16 feet; thence N.21 °40'53 "W., a distance of 7.56 feet; thence N.3 9°27'59"W., a 17 distance of 3.20 feet; thence N.67023'31 "W., a distance of 2.51 feet; thence 18 S.83 °41'23 "W., a distance of 3.79 feet; thence S.62002'51 "W., a distance of 11.10 19 feet thence S.55°00' 14"W., a distance of 96.97 feet; thence S.58044'30"W., a 20 distance of 27.82 feet; thence S.71 °4747"W., a distance of 29.56 feet; thence 21 S.66018'30"W., a distance of 129.11 feet; thence S.77018'41 "W., a distance of 49.70 22 feet; thence N.89013'39 "W., a distance of 18.11 feet; thence S.80045'45 "W., a 23 distance of 75.01 feet; thence N.7602639"W., a distance of 10.79 feet; thence 24 S.86024'08 "W., a distance of 12.48 feet; thence S.63 ° 10'25 "W., a distance of 19.95 25 feet; thence S.50026'45"W., a distance of 9.58 feet; thence S.65006'48"W., a 26 distance of 5.74 feet; thence S.02028'04"W., a distance of 15.86 feet; thence 27 S.30001'28"W., a distance of 12.67 feet; thence S.44036'29"E., a distance of 15.15 28 feet; thence S .15 ° 09'31 "E ., a distance of 195.02 feet; thence S .15 °49' 5 8 "E., a 29 distance of 26.50 feet; thence S.06058'48"E., a distance of 24.39 feet; thence 30 S.17044'08"W., a distance of 19.93 feet; thence S.39059'05"W., a distance of 10.31 31 feet; thence S.54124'35"W., a distance of 10.99 feet; thence S.68°48'10"W., a 32 distance of 11.09 feet; thence S.89158'27"W., a distance of 21.32 feet; thence 33 N.65014'43"W., a distance of 10.86 feet; thence N.47°15'08"W., a distance of 12.74 34 feet; thence N.28056'26"W., a distance of 19.18 feet; thence N.13002'50"W., a 35 distance of 63.96 feet; thence N.13001137"W., a distance of 70.92 feet; thence 36 N.13036'04"W., a distance of 113.63 feet; thence N.15010125"W., a distance of 37 100.91 feet; thence N.59053145 "W., a distance of 5.95 feet; thence S.75 °02'3 8 "W., 38 and leaving the said shoreline a distance of 175.86 feet; thence S.14057'22 "E., a 39 distance of 356.02 feet; thence S.59039'59"W., a distance of 77.48 feet; thence 40 S.3 0° 16' 10"E., a distance of 269.50 feet to the said Northwesterly Right -of -Way 41 line of U.S. Highway no. 1; thence N.56019' 10"E., along the said Northwesterly 42 Right -of -Way line of U.S. Highway No. 1 a distance of 792.73 feet to the Point of 43 Beginning. Parcel contains 481,358 square feet or 10.59 acres, more or less. 44 45 46 IV CONSISTENCY 47 The proposed amendment, as a corresponding recommended policy to be adopted 48 simultaneously with the land use district amendment requested by the applicant, is consistent LDR Section 130-131: Lower Sugarloaf Key Community Center overlay District P. 5 of 15 BOCC: June 16, 2010 1 with the Monroe County Year 2010 Comprehensive Plan. Specifically, the amendment 2 furthers: 3 4 1. Goal 101 of the Monroe County Year 2010 Comprehensive Plan considers the 5 health and safety of people and protection of natural resources. 6 7 2. Goal 105 of the Monroe County Year 2010 Comprehensive Plan recognizes the 8 finite capacity for land development while balancing development with the natural 9 environment. 10 11 3. Goal 105 of the Monroe County Year 2010 Comprehensive Plan provides a 12 framework for future development and land acquisition for the next 20 years. 13 14 4. Policy 105.1 of the Monroe County Year 2010 Comprehensive Plan implements 15 smart growth initiatives with the CommuniKeys Master Plans and Land Acquisition 16 Programs. 17 18 5. Policy 105.1.5 of the Monroe County Year 2010 Comprehensive Plan directs 19 Monroe County to direct future residential development to Tier III lands in 20 accordance with Policy 105.2.2. 21 22 6. Goal 105.2.1 of the Monroe County Year 2010 Comprehensive Plan defines Tier I 23 as environmentally sensitive, development severely restricted and the retirement of 24 privately owned vacant lands should be used for resource conservation and passive 25 recreation purposes. 26 27 7. Policy 105.2.15 of the Monroe County Year 2010 Comprehensive Plan designates 28 Community Centers within areas designated as Tier III (Infill Area). A Community 29 Center is characterized as a defined geographic area with a mix of retail, personal 30 service, office and tourist and residential uses (generally of greater than 8 units per 31 acre). 32 33 The proposed amendment, as a corresponding recommended policy to be adopted 34 simultaneously with the land use district amendment requested by the applicant, is consistent 35 with the Florida Administration Code (F.A.C.), Chapter 9J-5. Specifically, the amendment 36 furthers : 37 38 1. 9J-5.006(3)(b)4 F.A.C. ensures the protection of natural resources and historic 39 resources. 40 41 2. 9J-5.0012(3)(b) I F.A.C. protects, conserve, or enhance remaining coastal wetlands, 42 living marine resources, coastal barriers, and wildlife habitat. 43 44 3. 9J-5.0013(2)(c)3 F.A.C. protects native vegetative communities from destruction by 45 development activities. 46 47 4. 9J-5.0013(2)(c)5 F.A.C. restricts activities known to adversely affect the survival of 48 endangered and threatened wildlife. 49 LDR Section 130-131: Lower Sugarloaf Key Community Center Overlay District P. 6 of 15 BOCC: June 16, 2010 1 5. 9J-5.0013 (2)(c)6 F.A.C. protects conservation of the natural functions of existing 2 soils, fisheries, wildlife habitats, rivers, bays, lakes, floodplains, harbors, wetlands 3 including estuarine marshes, freshwater beaches and shores, and marine habitats. 4 5 6. 9J-5.0013 (3)(b) F.A.C. directs development away from wetlands by using land use 6 factors such as type, intensity or density, extent, distribution and location of 7 allowable land uses and the types, values, functions, sizes, conditions and locations 8 of wetlands. 9 10 The proposed amendment, as a corresponding recommended policy to be adopted 11 simultaneously with the land use district amendment requested by the applicant, is consistent 12 with Principles for Guiding Development in the Florida Keys Area of Critical State Concern 13 pursuant to F.S. Chapter 380.0552(7). Specifically, the amendment furthers: 14 15 For the purposes of reviewing consistency of the adopted plan or any amendments 16 to that plan with the principles for guiding development and any amendments to the 17 principles, the principles shall be construed as a whole and no specific provision 18 shall be construed or applied in isolation from the other provisions. 19 (a). To strengthen local government capabilities for managing land use and 20 development so that local government is able to achieve these objectives 21 without the continuation of the area of critical state concern designation. 22 (b). To protect shoreline and marine resources, including mangroves, coral reef 23 formations, seagrass beds, wetlands, fish and wildlife, and their habitat. 24 (c). To protect upland resources, tropical biological communities, freshwater 25 wetlands, native tropical vegetation (for example, hardwood hammocks and 26 pinelands), dune ridges and beaches, wildlife, and their habitat. 27 (d). To ensure the maximum well-being of the Florida Keys and its citizens 28 through sound economic development. 29 (e). To limit the adverse impacts of development on the quality of water 30 throughout the Florida Keys. 31 (f). To enhance natural scenic resources, promote the aesthetic benefits of the 32 natural environment, and ensure that development is compatible with the 33 unique historic character of the Florida Keys. 34 (g). To protect the historical heritage of the Florida Keys. 35 (h). To protect the value, efficiency, cost-effectiveness, and amortized life of 36 existing and proposed major public investments, including: 37 1. The Florida Keys Aqueduct and water supply facilities; 38 2. Sewage collection and disposal facilities; 39 3. Solid waste collection and disposal facilities; 40 4. Key west Naval Air Station and other military facilities; 41 5. Transportation facilities; 42 6. Federal parks, wildlife refuges, and marine sanctuaries; 43 7. State parks, recreation facilities, aquatic preserves, and other 44 publicly owned properties; 45 8. City electric service and the Florida Keys Electric Co-op; and 46 9. Other utilities, as appropriate. LDR Section 130-131: Lower Sugarloaf Key Community Center Overlay District P. 7 of 15 BOCC: June 16, 2010 1 2 3 4 5 6 7 8 9 10 (i). To limit the adverse impacts of public investments on the environmental resources of the Florida Keys. To make available adequate affordable housing for all sectors of the population of the Florida Keys. (k). To provide adequate alternatives for the protection of public safety and welfare in the event of a natural or manmade disaster and for a post disaster reconstruction plan. (1). To protect the public health, safety, and welfare of the citizens of the Florida Keys and maintain the Florida Keys as a unique Florida resource. 11 Pursuant to Chapter 3 80-0552(7) Florida Statutes, the proposed amendment, as a corresponding 12 recommended policy to be adopted simultaneously with the land use district amendment requested 13 by the applicant, is consistent with the Principles for Guiding Development as a whole and is not 14 inconsistent with any Principle. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 V ANALYSIS OF PROPOSED DENSITIES AND INTENSITIES (Exhibit B) DESTINATION RESORT LAND USE DISTRICT (DR LUD) Currently, the property has a land use designation of Destination Resort (DR). The DR land use district permits permanent residential dwelling units, hotel rooms, affordable and employee dwelling units, commercial retail and institutional nonresidential square footage. The DR district does not permit recreational rental spaces, commercial fishing, marina and office nonresidential square footage. The DR LUD allows one (1) dwelling unit per acre, ten (10) hotel moms per acre, 0.40 commercial retail and 0.30 institutional floor area ratios. Located in the 10.59 acres of the boundary survey, the following maximum units, rooms and spaces are permitted: Units, Spaces and Hotel Rooms and Nonresidential Square Footajze* [Perm. Residential Dwelling Units Destination Resort 10 Affordable /Employee Housing Dwelling Units 105 Recreational Rentals Spaces 153 Hotel Rooms........ 212 Institutional FAR (square feet) 138,390 Commercial Retail FAR (square feet) 184,520 *The density and intensity provisions are intended to be applied cumulatively so that no development shall exceed the total density limits. MIXED USE LAND USE DISTRICT.(MU LUD) LDR Section 130-131: Lower Sugarloaf Key Community Center Overlay District BOCC: June 16, 2010 P.8of15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 The property owner of this site requested a Mixed Use Land Use District designation for this 10.59 acre area. The MU LUDD allows one (1) dwelling unit per acre, ten (10) hotel rooms and ten (10) recreational rental spaces per acre, 10 affordable / employee housing dwelling units per acre, and 15 hotel rooms at maximum net. The floor area ratio for commercial retail is 0.25 FAR, commercial and outdoor recreation has a FAR of 0.10, institutional, public buildings and uses and light industry has a FAR of 0.30 each and offices and commercial fishing have a FAR of 0.40 each. Located in the 10.59 acres of the boundary survey, the following maximum units, rooms and spaces are permitted: Units, Spaces and Hotel Rooms and Nonresidential Square Footage * Mixed Use Perm. Residential Dwelling Units 10 Affordable 1 Employee Housing Dwelling Units 105 Recreational Rentals Spaces 105 Hotel Rooms 105 Hotel -Max Net Rooms 158 Commercial Fishing FAR (square feet) 462130 Marina FAR (square feet) ....... ........ 46,130 Office FAR (square feet) 138,390 Commerciai recreation rwK (square feet) 138,390 Commercial Retail FAR (square feet) 1842520 Putd,por..R.ec.r,eation FAR (square feet) 184,520 Institutional FAR (square feet) 184,520 Public Buildings FAR. (square feet) 18430520 Light Industry FAR (square feet) 1842520 T Inc aensily ana intensity provisions are intended to be applied cumulatively so that no development shall exceed the total density limits. PROPOSED OVERLAY DISTRICT To accomplish the uses desired for the community, as well as the provision of smart growth principals, Monroe County staff has proposed the development of an Overlay District to further limit the overall density for residential and hotel/motel units and intensity of commercial development related to maximum commercial floor area ratio that would be permitted within the overlay district. By creating the overlay district, the potential of large subdivisions and an overabundance of commercial floor area are diverted by limiting the density and intensity into the small scale character expressed in the draft Lower Keys Livable CommuniKeys Plan and consistent with the character and scale of the surrounding neighborhood. Monroe County staff agrees that the uses permitted in the Mixed Use Land Use District are consistent with the overall intended land use characteristics appropriate for this geographic area. However, the density and intensity of the Mixed Use Land Use District are not characteristic of the existing, surrounding area., nor is it consistent with the vision or future proposed density and intensity of the area. LDR Section 130-131: Lower Sugarloaf Key Commuirity Center Overlay District BOCC: June 16, 2010 P.9of15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 The proposed Lower Sugarloaf Key Community Center Overlay District would allow a maximum of two (2) market rate permanent residential dwelling units, a combination of one hundred (100) hotel rooms and / or recreational rental spaces. The floor area ratio for the office, marina, commercial retail and commercial fishing is 20,758fi2, each. However, no combination of commercial retail and office space shall exceed 20,758 square feet and no one nonresidential building or nonresidential structure shall exceed 10,000 square feet. These uses, unlike the MU and DR LUDD are not cumulative. Units, Spaces and Hotel Rooms and Nonresidential S uare Foota e * Overlay Penn. Residential Dwelling Units 2 Afford le /Employee Housing Dwelling Units 8 Recreational Rentals Spaces 25 Hotel Rooms 75 Commercial Retail FAR (square feet) 201758 Office FAR (square feet) 201758 Commercial Fishing FAR (square feet) 20,758 Marina FAR (square feet) 20,758 *No combination of commercial retail and office space shall exceed 20,758 square feet; and no one nonresidential building or nonresidential structure shall exceed 10,000 square feet; and uses are not cumulative COMPARISON OF PROPOSED OVERLAY, DR AND MU LUDDs Lawfully established units and commercial floor area are sited in the Letter of Development Rights Determination (Exhibit C), dated July 16, 2006. It states "The `Planning Department has determined that fifty-five (55) transient dwelling units and two (2) permanent dwelling units may be replaced, without going through the Residential Rate of Growth Ordinance (ROGO). Additionally, eleven thousand three hundred and twenty- three (115323 ft) of nonresidential floor area may be rebuilt without going through the Nonresidential Rate of Growth Ordinance (NROGO). Real Estate Number Buildin Ground Floor Area Exem t Units Exempt Floor Area 00118420.000000 Motel Office and Lobby (Building 1 25462 1 dwelling unit 15102 00118420.000000 Motel — Eastern Win(Building 2 11 2250fe 24 motel units -- 00118420.000000 Marina(Building 3 1,000 -- 1,000 00118420.000000 Restaurant Tuilding 4 5,286 -- • 5,286 00118420.000000 Motel -- Western Win uildin 5 11 9928fe 31 motel units -- 00118420.000000 Restaurant Gazebo 962ft 2-- 962 00118470.000000 Mixed -Use Building (Building_ 1 41,003 1 dwelling unit 2 973 Total 369891 57 units 11,323F::] The table below shows what can be added beyond what is lawfully established (i.e.: the existing dwelling units, transient rooms and FAR have already been accounted for) in the proposed overlay, the DR and the MU LUDDs. LDR Section 130-13I : Lower Sugarloaf Key Community Center Overlay District BOCC: June 16, 2010 P. 10 of 15 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Potential Increase in Density / Intensity over what is already established Established Proposed Overlay Destination Resort Mixed Use LUDD Existing Density / intensity LUDD Density / Density / Intensity Structures (minus the existing Intensity (minus the (minus the existing Units, Spaces and Hotel Rooms and (LDRD August dwelling units, spaces existing dwelling units, dwelling units, spaces Nonresidential Square Footage * 9 2006) and FAR spaces and FAR) and FAR} Perm. Residential Dwelling Units 2 0 8 (+) 8 units + Affordable / Employee Housing Dwelling Units 2 6 (+) 6 units (+) Recreational Rentals Spaces 25 (+) 105 (+} Hotel Rooms 55 20 (+) 50 (+) 50 (+) Commercial Fishing FAR (square feet) 20 758 + () 1849520 (+) Manna FAR (square feet) 1,000 199758 (+) Office FAR (square feet) 12102 191,656 (+) 183,418 (+) Commercial Retail FAR (square feet) 109251 109507 + 174,269 + 105 074 (+ Potential Increase in Density I Intensity over 51 Units and Spaces 58 Units and Spaces 169 Units and Spaces wbat is already established Totals 9,435 FAR 174,269 FAR 473,012 FAR There is a noticeable increase of densities and intensities between the proposed Lower Sugarloaf Key Community Center Overlay District, the DR and MU LUDDs. The proposed overlay will allow recreational rental spaces and commercial fishing floor area. In the proposed new land use district, an additional 51 dwelling units and recreational rental spaces and an additional 9,435 f 2 of commercial floor area would be permitted above what is already lawfully established on the property. In the DR LUDD, there is a potential increase of fifty-eight (58) units and 174,269fl of commercial floor area. The DR LUDD does not permit affordable housing dwelling units, recreational rental spaces, or any floor area for commercial fishing, marinas or offices which would be permitted in the overlay district. In the MU LUDD, a potential increase in the density and intensity would permit an additional 169 dwelling units, rooms and spaces and an additional 473,012ft of floor area. Unlike the DR and MU LUDDs, the ro sed p � overlay district number of units, rooms and spaces are not cumulative, the commercial retail and office space does not exceed 20,7581f and any nonresidential structure will not exceed 10,000f 2. VI PROPOSED LAND DEVELOPMENT REGULATION TEXT (Deletions aze st.iekem.,-#fie and additions are underlined.) Section 1. Chapter 130, Article VII Division 2 shall be amended as follows: Section 130-131. Lower Sugarloaf Key Community Center Overlay District (a) The nose of the Lower Sugarloaf Kev Community Center Overlay District is to o implement the policies of the comprehensive plan, to protect the natural and man-made historic resources of the community and to encourage development that maintains the small scale and low intensity of Lower Sugarloaf Key. The goal is to protect and maintain the historic character of the densities and intensities within the Lower Sugarloaf Key Community Center Overlay District. LDR Section 130-131: Lower Sugarloaf Key Community Center Overlay District BOCC: June 16, 2010 P. 11 of 15 1 (b� The Lower Sugarloaf Key Community Center Overlay District, shown on 2 attached Bound Survey, Exhibit A, and is comprised of the following property 3 lea ly described as: 5 Legal Description: 6 Total Land: 7 A portion of Government Lot 3 and Portion of Government Lot 4, Section _,3 8 Township 67 South, Range 27 East and a portion of Government Lot 3, Section 34, 9 Township 66 South, Range 27 East, Sugarloaf Key, Monroe County, Florida and 10 being more Rarticularly described as follows (All references to Government Lot 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Lines are per Bailey's Survey of Sugarloaf Properties, December 22, 1972): Begin at the intersection of the Northwesterly Line of U.S. Highway No. 1 State Road No. 5) and the West Line of Government Lot 3 of said Section 3-, thence N.00016'32"E., along the said Government Lot Line a distance of 60.28 feet thence N.56° 19' 10"E., along the said Northwesterly Ri f-Way Line of U. S. Highway,__ No. 1 a distance of 644.56 feet; thence N.33041'00"W., a distance of 110.00 feet; thence N.56°19'10"E. a distance of 157.47 feet thence meander the Mean High Tide Line along natural shoreline, Concrete Seawalls, and man made canals for the following 112 metes and bounds; thence S.89°59'13"W., a distance of 39.25 feet; thence S.63 °40'43 "W., a distance of 125.84 feet; thence S.52"19'26"W., a distance of 139.22 feet; thence S.81 °00'25"W., a distance of 28.60 feet; thence N.49028'21 "W., a distance of 36.77 feet; thence N.44025'27"W., a distance of 56.18 feet; thence N.83 ° 14'3 5 "W., a distance of 3 5. 52 feet; thence S.73127'37"W., a distance of 55.45 feet; thence S.16004'40"W., a distance of 11.80 feet; thence S.08043'26"E., a distance of 47.16 feet; thence S.03053'20"W., a distance of 14.59 feet; thence S.15036'18"W., a distance of 14.67 feet; thence N.88055'31 "W., a_distance of 8.77 feet; thence S.03025'4711W., a distance of 99.98 feet; thence S.02°57'49"W., a distance of 17.80 feet; thence S.05"37'36"E., a distance of 27.23 feet; thence S.04018'37"W., a distance of 80.00 feet; thence S.29003' 10"W., a distance of 8.24 feet; thence S.58° 12'03 "W., a distance of 94.46 feet, thence N.44015' 14"W., a distance of 27.06 feet; thence N.05°53'54"W., a distance of 25.96 feet; thence N.00027'22"E., a distance of 17.67 feet; thence N.06004'01 "E., a distance of 27.63 feet; thence N.08°28'38 "E.,_ a distance of 18.79 feet; thence N.05015'40 "E., a distance of 45.38 feet; thence N.03 ° 11'25 "W., a distance of 68.18 feet; thence N.01 °01'22"E., a distance of 189.87 feet; thence N.89007'33 "W., a distance of 4.34 feet; thence N.00059'43 "E.a_distance of 79.47 feet; thence N.07°26'49"W., a distance of 9.10 feet; thence N.80053'101OW.,,_a distance of 10.77 feet; ;thence S.70°37'47"W., a distance of 107.27 feet; thence S.75°11'06"W., a distance of 110.85 feet; thence N.31 °25'52"W., a distance of 7.55 feet; thence S.45041'00"W., a distance of 20.00 feet: thence S.12°56'49"E., a distance of 17.13 feet; thence S.23 ° 15'23 "E., a distance of 148.59 feet; thence S.22011'53"E., a distance of 87.98 feet; thence S.22007'09"E., a distance of 53.48 feet; thence S.89005'36"E., a distance of 11.23 feet; thence S.17043'53 "E., a distance of 22.70 feet; thence S.21 °46'32"E., a distance of 46.95 feet; thence S.24032' 10"E., a distance of 32.10 feet; thence S.16°4614"E., a distance of 25.08 feet; thence S.82011'34"W., a distance of 7.57 feet; thence S.46006'51 "W., a distance of 15.15 feet; thence S.40040'00"W., a distance of 8.26 feet; thence S.75050'28"W., a distance of 27.17 feet: thence N.34°49'37"W., a distance of 9.41 LDR Section 130-131: Lower Sugarloaf Key Community Center Overlay District BOCC: June 16, 2010 P. 12 of 15 I feet., thence N.86°53'25"W. a distance of 13.76 feet; thence S.79°27'09"W. a 2 distance of 14.28 feet; thence S.74°36'52"W., a distance of 18.07 feet; thence 3 S.62119'33 "W.. a distance of 46.19 feet; thence S.64° 17'02"W., a distance of 13.39 4 feet; thence S.56°50'06"W., a distance of 6.88 feet; thence S.75°59'06"W., a 5 distance of 3.58 feet• thence N.83°26'32"W. a distance of 14.66 feet• thence 6 N.66030'52"W., a distance of 3.03 feet; thence N.34° 15'31 "W.. a distance of 2.61 7 feet; thence N.07°05'54"W., a distance of 3.06 feet; thence N.3 8°42'24"W., a 8 distance of 2.31 feet; thence N.54° 10' 15 "W., a distance of 4.07 feet; thence 9 N.30157'03"W. a distance of 4.14 feet• thence N.08°54'19"W. a distance of 17.54 10 feet; thence N.07°24'27"E., a distance of 11.48 feet; thence N.26055'05 "E.. a 11 distance of 20.95 feet• thence N.36°4525 "E. a distance of 8.54 feet thence 12 N.39°54'31 "E., a distance of 8.27 feet; thence N.42°41'53"E., a distance of 8.81 13 feet; thence N.45102'39"E. a distance of 10.01 feet; thence N.46°00'46" E. a 14 distance of 10.52 feet; thence N.43 °3 0' 16 "E., a distance of 22.20 feet; thence 15 N.3 6°3 825 "E., a distance of 9.34 feet; thence N.2 7° 19'49 "E., a distance of 8.71 16 feet; thence N.09°53'03 "E.. a distance of 8.12 feet; thence N.14°2546"W., a 17 distance of 5.77 feet; thence N.29034'21 "W., a distance of 8.10 feet; thence 18 N.27043'11 "W., a distance of 8.27 feet; thence N.19° 14' 14"W., a distance of 6.80 19 feet; thence N.21 °40'53 "W., a distance of 7.56 feet; thence N.3902715911 a 20 distance of 3.20 feet; thence N.67023'31 "W., a distance of 2.51 feet; thence 21 S.83°41'23"W. a distance of 3.79 feet: thence S.62°02'51 "W. a distance of 11.10 22 feet thence S.55°00'14"W., a distance of 96.97 feet; thence S.58°44'3011W., a 23 distance of 27.82 feet; thence S.71 °47'47"W., a distance_ of 29.56 feet; thence 24 S.66° 18'30"W., a distance of 129.11 feet; thence S.77° 18'41 "W., a distance of 49.70 25 feet; thence N.89°13'39"W., a distance of 18.11 feet; thence S.8004545"W.. a 26 distance of 75.01 feet; thence N.76°26'39"W., a distance of 10.79 feet thence 27 S.86°24'08"W., a distance of 12.48 feet thence S.63110'25 "W. a distance of 19.95 28 feet; thence S.50026'45"W., a distance of 9.58 feet; thence S.65°06'48"W., a 29 distance of 5.74 feet; thence S.02°28'04"W., a distance of 15.86 feet; thence 30 S.30°01'28"W., a distance of 12.67 feet; thence S.44°36'29"E. a distance of 15.15 31 feet! thence S.15°09'31 "E., a distance of 195.02 feet; thence S.15'49'58_ E.,a 32 distance of 26.50 feet; thence S.06°5848"E., a distance of 24.39 feet; thence 33 S.17°44'08"W., a distance of 19.93 feet; thence S.39059'05"W., a distance of 10.31 34 feet; thence S.54024'35 "W., a distance of 10.99 feet; thence S.68°48' 10"W., a 35 distance of 11.09 feet;. thence S.89058'27"W. a distance of 21.32 feet: thence 36 N.65° 14'43"W., a distance of 10.86 feet; thence N.47° 15'08"W.i, a distance of 12.74 37 feet; thence N.28 ° 5 6'26 "W. , a distance of 19.18 feet; thence N.13 °02'50"W., a 38 distance of 63.96 feet: thence N.13"01'37"W., a distance of 70.92 feet;, thence 39 N.13°36'04"W., a distance of 113.63 feet: thence N.15110'25"W. a distance of 40 100.91 feetthence N.59°5345"W., a distance of 5.95 feet, thence S.75002'38"W., 41 and leavine the said shoreline a distance of 175.86 feet; thence S.14°57'22"E.. a 42 distance of 356.02 feet thence S.59°39159"W. a distance of 77.48 feet: thence 43 S.30° 16' 10"E., a distance of 269.50 feet to the said Northwesterly Right -of -WAY 44 line of U.S. Highway no. 1; thence N.56° 19' 10"E., along the said Northwesterly_ 45 Ri&t.of-Wav line of U.S. Highway No. 1 a distance of 792.73 feet to the Point of 46 Beginning. Parcel contains 481,358 square feet or 10.59 acres, more or less. V/ LDR Section 130-131: Lower Sugarloaf Key Community Center Overlay District P. 13 of 15 BOCC: June 16, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 22 24 26 28 30 32 34 36 38 40 42 44 46 48 49 So 51 52 53 54 (c) The uses within the overlay district shall be subject to all land development regglations ix setbacks,- heights, etc. including minor conditional and ma'or conditional use regulations of the Monroe County Code. (d) The Lower Su arloaf Kev Community Center Overlay District densities shall be enforced, in lieu of Section 130-157 Maximum Residential Density and District Open Space and Section 130-162 Maximum Hotel -Motel RVs and Institutional Residential Densities, and the intensities shall be enforced, in lieu of Section 130- 164 Maximum Nonresidential Land Use Intensities and Qpen Space Ratios and only within the boundaries of the district. The uses within the overlay district shall be dev_eoped with the following density and intensi , regulations: TABLE INSET: (1) Dennity and Intensity: (a) For the purposes of this overlay district, uses with correspondm_density I intensity thresholds shall not be cumulative, except no combination of commercial retail and office shall exceed 20,758f _ FAR. LOWER jGA X 051MMITY CEM QVERLAY DISTRICT - at•„ ::.a. - K'r•M iv .ram'• '_"'.T. `. 'dl•• r rv.FT<•..Y•. :•' h:� '• %: � • .L♦f 'air• 'Try j1": Y. - 1� ,.r ,p+.,,.�ti..,:,r....:_'r 's-?a•T-.;.. uy^::;::Ey:•:t:�::r: WONf•• .♦,�, [..L.r♦i..: ♦.•.r: a:,ri... r . -♦ :r .. .J ......... .....A%.. 1 .. r ».»:•• ... .. ..t_rn•.a• ..-. ....:'^_+ .. ...: ..a . •...� .... ........ ._ r•.r. L.e.•rv('.., nr-r ....... _. _....r .. ...Y ..+.: •..vr .: ♦ r♦. r.Y•. X...1 .7r ,a.Yw• ;x- . t� . ... ,r .♦: ... ai [-.a.. -r... ..... a•?•a.sP ��,�,J, .. _ r. .. :..�.. .r.. ... Na+ C:. 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Jt 4 ♦ ♦ w r•»R e • ..nr a S.. a... •. • •.' .. ..•. � _. . . 'ai .. . ... .. . +.a : .. : ... .. . _.. _ .r...S. r r n .•{ a n f........r.. ♦r..t• .. •... �r n e +•-PLrL . . E'..f. t1n �r.i ..✓'+. �rf....:. .........._ . ♦.. . . m. ... .. .. .? .r rr .ar. .... ti. .Al+w .. tr. .. ..�' ,r.. .. .. _ .., .«: .asa .... .. ._.•i.. .� ♦J.. ...♦I•. �'. .� ♦ _. a .. _ . ... ... _ .. .. .... .. .a .. .. .. .. . .... `ar/ .. .•. .. .. r.:t,�.�; 2 :t '.r t . :;f�'S.. ::i•�J:.'.'::r'��•'� .y J. ! •�f'• _ YS-•..+ ,[i•:+••!�".- r♦ aa£.�:f='tim a ..A .}f:��T "' r r 2-...:...1: r•:.-__•., :+ ':,,ti:::.\r": - ...... .. a [ : eA. - ''i- < • 4`':.a::+c ,. < a.. • ..4 ti.•h.. ... .Y.. r.cf. '':`�;.wi'\♦�\.'�`•. Y: .•. .1.• - '%>y��y r..t.i:�r. w .:. •a :::.a :•! +•t rrr .. •e al r e•`• .. 'n.--_o-^:r-% 'mi:o!:::♦�'. '�:r+' r:�iiv>.. r.. a . t.r [; .r . x..; _ 'r! - •. k: .. fi �`''=�`<f: a..r.la �:a y:: . r. ri a ,tf9T '�. `.;f . r •t ^":��'•� C.a r, . ' ^♦Alan �],, a..% a .F:..r'.A .. }• ♦.r . i.. 'ice• V ".yi . J\ F•'r•'' :♦a; aiw:. :r+:r •• .r•' at::`.�:♦t.• ....a ... ... .... � .. ..•_• �...... .. + .a.• ♦.. ........ ... .. A.,aa..• .[i%:'«:i' .Jh'I .l. ,...�:._. r^_.... X� .3... •> -s=. ` �:�•,r'tir- •5,,. +.tA.:�.++:.w..r__w. X,ao-a..it.._...._...<r....r...ta}.W..+.a:. +:.:.♦..n...::.... wr. .. .. .+dr.+... ri.Ac 3a. •�f •� . T:: •."'::?. :."'I:�• .: rr>' •.:.•�� .a:y�»!':��:-•..... �.rR,:.r.-:.;.•.•r•:.,....::-`=:,.�;:.�s:,_• ..y.?,-: »-xruv&�•:�.^.>rn..:.:..>>:./.=u.r_.[ea::.rr..[r..rr}:...r:.,rrs+i'?�.♦. xta. :;:::!:_ Pam Residemial Dwelli t o 0.25 wWsa 10.59 a 2 wti Hotel Rooms 75 hotel ME 10.59 s 75 e1 mo - Reaea6oAal Rentals Specs 25 recreatio I fen I 10.59 acres 25 reer I s ces - nwim Oirice FAR L%A) 0.045 FARI 461 300.4 s .ft. 29,758 aftv Commercial Retail - Medigm FAR isa. ft.l 0.045 F 461300.4?0 758 Mafina FAR fsa. ft.l 0.045 F 4 saAl '.0 758 FAR . ft. 0.043 FAR 461,300.4 sak, 20.759 75 h2W units, TOM PMS ResidwHid: 2 market rate uni TOTAL IWEMUY Flo 20,758 Affordable I Emplg= Housitie dwciag mnits 0.7"10.59 acr *Maximum square footage of any one building or structure shall not exceed 10,000 square feet. However, cumulative square footage is governed by floor area ratio maximums. The ��r rt ■il ■wnr ar ■r I I intent of this limitation is to prevent tare scale out of character retail or commercial development. (2) No Open mace Ratios are modified by this Section 130-131. LDR Section 130-131, Lower Sugarloaf Key Community Center Overlay District BOCC: June 16, 2010 P. 14 of 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 VII STAFF RECOMMENDATION Staff is requesting approval of the overlay district only if corresponding proposed Mixed Use land use district amendment request by the applicant is approved. The request for the Mixed Use LUDD amendment will be heard at the July 14, 2010 BOCC hearing in conjunction with the second (2nd) public hearing of this proposed overlay district. VIII EXHIBITS A. Boundary Survey of Proposed Overlay District and Corresponding Land Use District Page 1 and Page 2 B. Maximum Density / Intensity by Current Land Development Regulation (LDR) without Overlay" and "Maximum Density / Intensity by Proposed Lower Sugarloaf Key Community center overlay District" C. Letter of Development Rights Determination, August 9, 2006 LDR Section 130-131: Lower Sugarloaf Key Community Center Overlay District BOCC: June 16, 2010 P. 15 of 15 ORDINANCE -2010 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CREATING SECTION 130-131 OF THE MONROE COUNTY LAND DEVELOPMENT CODE, CREATING THE LOWER SUGARLOAF KEY COMMUNITY CENTER OVERLAY DISTRICT FOR REAL ESTATE NUMBER 00118470,000000 AND FOR PORTIONS OF PARCELS HAVING REAL ESTATE NUMBERS 00118420.000000 AND 00117930.000000 DESCRIBED AS A PORTION OF GOVERNMENT LOT 3 AND PORTION OF GOVERNMENT LOT 4, SECTION 3, TOWNSHIP 67 SOUTH, RANGE 27 EAST AND A PORTION OF GOVERNMENT LOT 3, SECTION 34, TOWNSHIP 66 SOUTH, RANGE 27 EAST, SUGARLOAF KEY, MONROE COUNTY, FLORIDA AND A PORTION OF GOVERNMENT LOT 3, SECTION 34, TOWNSHIP 66 SOUTH, RANGE 27 EAST, SUGARLOAF KEY, MONROE COUNTY, FLORIDA LOWER SUGARLOAF KEY GULF SIDE AT APPROXIMATELY MILE MARKER 17; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS AND THE SECRETARY OF STATE; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the purpose of the Lower Sugarloaf Key Community Center Overlay District is to implement the policies of the comprehensive plan, to protect the natural and man-made historic resources of the community and to encourage development that maintains the small scale and low intensity of Lower Sugarloaf Key; and WHEREAS, the goal is to protect and maintain the historic character of the densities and intensities within the Lower Sugarloaf Key Community Center Overlay District; and WHEREAS, the proposed amendment is consistent with the Monroe County Year 2010 Comprehensive Plan; and WHEREAS, the proposed amendment is consistent with the Florida Administration Code (F.A.C.), Chapter 9J-5; and WHEREAS, the proposed amendment is consistent with the Principles for Guiding Development as a whole and is not inconsistent with any Principle; and WHEREAS, this ordinance was recommended for approval to the Board of County Commissioners by the Planning Commission at its meeting of April 28, 2010; NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: (Deletions are stAfielfefla-fie and additions are underlined.) Section 1. Chapter 130, Article VII Division 2 shall be amended as follows: Section 13 0-131. Lower Sugarloaf Key Community Center Overlay District (a? The purpose of the Lower Sugarloaf Kev Community Center Overlayistrict is to implement the policies of the comprehensive plan, to protect the natural and man-made historic resources of the comma and to encourage development that maintains the small scale and low intensity of Lower Sugarloaf Key. The goal is to protect and maintain the historic character of the densities and intensities within the Lower Sugarloaf Key Community Center Overlay District. (b� The Lower Sugarloaf Key Community Center Overlay District, shown on attached Boundya Survey, Exhibit A. is comprised of the following_pro e�rty legally described as: Legal Description: Total Land: A portion of Government Lot 3 and Portion of Government Lot 4, Section 3, Township 67 South, Range 27 East and a portion of Government Lot 3, Section 34, Township 66 South, Range 27 East, Sugarloaf Key, Monroe County, Florida and being more particularly described as follows references to Government Lot Lines are per Bailey's Surygy of Sugarloaf Properties, December 22, 1972): Begin at the intersection of the Northwesterly Line of U.S. Highway No. 1 (State Road No. 5) and the West Line of Government Lot 3, of said Section 3; thence N.00016'3 2 "E., along the said Government Lot Line a distance of 60.28 feet; thence N.56019' 10"E., along the said Northwesterly Right -of -Way Line of U.S. Highway No. 1 a distance of 644.56 feet; thence N.33141'00"W., a distance of 110.00 feet; thence N.56° 19' 10"E., a distance of 157.47 feet thence meander the Mean High Tide Line along natural shoreline, Concrete Seawalls, and man made canals for the following 112 metes and bounds, _thence S.89'59' 13 "W.. a distance of 39.25 feet; thence S.63040'43 "W., a distance of 125.84 feet; thence S.52019'26"W., a distance of 139.22 feet-, thence S.81 °00'25 "W., a distance of 28.60 feet; thence N.49028'21 "W., a distance of 36.77 feet; thence N.44025'27 "W., a distance of 56.18 feet thence N.83 ° 14'3 5 "W., a distance of 35.52 feet; thence S.73027'37"W., a distance of 55.45 feet-, thence S.16°04'40"W., a distance of 11.80 feet-, thence S.08"43'26"E. a distance of 47.16 feet; thence S.03053'20"W., a distance of 14.59 feet; thence S.15°36'18"W., a distance of 14.67 feet; thence N.88055'31 "W., a distance of 8.77 feet,; thence S.03025'47"W. a distance of 99.98 feet-, thence S.02157'49"W. a distance of 17.80 feet; thence S.05137'36"E., a distance of 27.23 feet; thence S.04" 18'37"W., a distance of 80.00 feet-, thence S.29103'10"W. a distance of 8.24 feet-, thence S.58012'03 "W., a distance of 94.46 feet; thence N.44° 15' 14"W., a distance of 27.06 feet; thence N.05053'54"W. a distance of 25.96 feet; thence N.00°27'22"E. a distance of 17.67 feetthence N.06004101 "E. a distance of 27.63 feet, thence N.08028'38"E. a distance of 18.79 feet• thence N.05015'40"E. a distance of 45.3 8 feet thence N.03 011125 "W. a distance of 68.18 feet; thence N.01 001122 a distance of 189.87 feet: thence N.89007'33 "W. a distance of 4.34 feet: thence N.00059'43 "E., a distance of 79.47 feet thence N.0702649"W. a distance of 9.10 beet: thence N.80053'10"W. a distance of 10.77 feet-, thence 5.70°3747"W. a distance of 107.27 feet: thence S.75011'06"W. a distance of 110.85 feet thence N.31 °25'52"W. a distance of 7.55 fee • thence S.45041'00"W. a distance of 20.00 feet: thence S.1205649"E. a distance of 17.13 feet: thence S.23 ° 15'23 "E. a distance of 148.59 feet thence S.22011'53 "E. a distance of 87.98 feet; thence S.22007'09"E. a distance of 53.48 feet thence S.89005'36"E. a distance of 11.23 feet thence S.17°43'53 "E. a distance of 22.70 feet.- thence S.21 °4632"E. a distance of 46.95 feet; thence S.24032' 10"E. a distance of 32.10 feet. thence S.16°46'14"E. a distance of 25.08 feet, thence S.82011'34"W. a distance of 7.57 feet-, thence S.46006'51 "W. a distance of 15.15 feet; thence S.40°40'00"W. a distance of 8.26 feet • thence 5.75°50'2$ "W. a distance of 27.17 feet: thence N.34049'37"W. a distance of 9.41 feet: thence N.86053'25"W. a distance of 13.76 feet• thence S.79027'09"W. a distance of 14.28 feet thence S.74036'5211W. a distance of 18.07 feet., thence S.62019'3 3 "W. a distance of 46.19 feet: thence S.64017'02"W. a distance of 13.39 feet., thence S.56050'06"W. a distance of 6.88 feet• thence S.75°59'06"W. a distance of 3.58 feet-, thence N.83026'32"W. a distance of 14.66 feet; thence N.66°3 0'52 "W. a distance of 3.03 feet-, thence N.34015'31 "W. a distance of 2.61 feet thence N.07°05'54"W. a distance of 3.06 feet.- thence N.38042'24"W. a distance of 2.31 feet thence N.54010'15"W. a distance of 4.07 feet; thence • N.30057'03 "W.. a distance of 4.14 feet; thence N.08054'19"W. a distance of 17.54 feet thence N.07°24'27"E.. a distance of 11.48 feet thence N.26055'05"E. a distance of 20.95 feet thence N.3604525"E. a distance of 8.54 feet. thence N.39054'31 "E. a distance of 8.27 feet: thence N.42041'53 "E. a distance of 8.81 feet-, thence N.45002'39"E. a distance of 10.01 feet; thence N.46000'46"E. z a distance of 10.52 feet thence N.43 °30' 16"E., a distance of 22.20 feet: thence N.3 6°3 8'25 "E. a distance of 9.34 feet -thence N.27019'49"E. a distance of 8.71 feet thence N.09°53'03 "E. a distance of 8.12 feet; thence N.14°25'46"W. a distance of 5.77 feet: thence N.29034'21 "W. a distance of 8.10 feet: thence N.27043'11 "W. a distance of 8.27 feet: thence N.19014'14"W. a distance of 6.80 feet: thence N.21040'53"W. a distance of 7.56 feet-, thence N.39027'59"W. a distance of 3.20 feet; thence N.67023'31 "W. a distance of 2.51 feet thence S.83041'23 "W. a distance of 3.79 feet; thence S.62002'51 "W. a distance of 11.10 feet thence S.55000114"W. a distance of 96.97 feet thence S.58044'30"W. a distance of 27.82 feet-, thence S.71 °47'47"W. a distance of 29.56 feet, thence S.66018'30"W. a distance of 129.11 feet; thence S.77018'41 "W. a distance of 49.70 feet thence N.89013'39"W. a distance of 18.11 feet: thence S.8004545 "W. a distance of 75.01 feet-, thence N.76026'39"W. a distance of 10.79 feet; thence S.86°24'08"W.. a distance of 12.48 , feet: thence S.63 ° 10'25 "W. a distance of 19.95 feet-, thence S.50026'45 "W. a distance of 9.58 feet; thence S.65006'48"W. a distance of 5.74 feet; thence S.02028'04"W. a distance of 15.86 feet; thence S.30001'28 "W. a distance of 12.67 feet: thence S.44036'29"E., a distance of 15.15 feet; thence S.15°09'31 "E., a distance of 195.02 feet: thence 5.15049'58"E., a distance of 26.50 feet; thence 5.06"5848"E., a distance of 24.39 feet; thence 5.17044'08 "W., a distance of 19.93 feet; thence 5.39059'05 "W., a distance of 10.31 feet; thence 5.54°243 5 "W., a distance of 10.99 feet; thence S.68048' 10"W., a distance of 11.09 feet; thence S.89058'27"W., a distance of 21.32 feet; thence N.65014'43 "W., a distance of 10.86 feet; thence N.47015'08"W., a distance of 12.74 feet; thence N.2805626"W., a distance of 19.18 feet; thence N.13002'50"W., a distance of 63.96 feet; thence N.13001'37"W., a distance of 70.92 feet; thence N.13036'04"W., a distance of 113.63 feet thence N.15° 10'25 "W., a distance of 100.91 feet, thence N.59053'45"W., a distance of 5.95 feet; thence S.75002'38"W., and leaving the said shoreline a distance of 175.86 feet; thence S.14°5722"E., a distance of 3 56.02 feet; thence S.5903 9'59"W., a distance of 77.48 feet; thence S.30016' 10 a distance of 269.50 feet to the said Northwesterly Right -of -Way line of U.S. Highway no. -thence N.56019' 10"E., along the said Northwesterly Right -of - Way line of U.S. Higb way No. 1 a distance of 792.73 feet to the Point of Beginning. Parcel contains 481,358 square feet or 10.59 acres, more or less. (cl. The uses within the overlay district shall be subject to all land development re lations (i.e setbacks, heights, etc.) including minor conditional and major conditional use regulations of the Monroe County Code. (d) The Lower arloaf Key Community Center Overlav District densities shall be enforced, in lieu of Section 130-157 Maximum Residential Density and District Open Space and Section 130-162 Maximum Hotel -Motel, RVs and Institutional Residential Densities,, and the intensities shall be enforced, in lieu of Section 130-164 Maximum Nonresidential Land Use Intensities and Open Space Ratios and only within the boundaries of the district. The uses within the overlay district shall be develot2ed with the following density and intensity regulations: (1) Density and Intensi : (a) For the purposes of this overlay district, uses with corresponding,,, densily�` intensity thresholds shall not be cumulative; and (b) No combination of commercial retail and office shall exceed 20,758R' FAR. 1 A•BLE I SE 1 LOW F iTti' CENTER OVERLAY DIUBLU ;..,.i: is r t.`�r:�:.n; 2:.F,^•: tr:•}^: `r.`C^:.:!; :M,J,::•v,: a _.tv.... rr.. .. r5 }•v. r ! 'h,i.rt• y;::.-;c•::^.'itj;tiy:"-•�::::y6n.aT,:l;'?�i,•.: :/��'x3' Iv�Y «:� ::...,,:::::..... {.. : n. a --u :•�-� r, :. .,>s- _ r s. rF:': ...:.:r.:r•:.:.;l:f. a,:::r: •�.::: a�:... •.+•: r•a. , � :: _. r:r•.l :: :::,. .aa v::: ..:�. •I. •.IP ...� .A ���• :: i... .Ifr .J... . /. ..<. �•.'t-. 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": a.• ;:rrv. �rs pr/..:. ,_......•.. ;;.ma's . i.,: c�•:.:-a ..--......-...d,..,...r_.........-.+: _.:. .,_.... 1,.,:::.,_.. .._. ::.. :.. s..._.. /;?� h•'••; :wry: �:: �._, v .d r-h::::y�e ::: i:: %:•a^, - a.•vr• ... �>• .:.. .:i's. .. __:. .. _.-...,,.•,. .: -... a. cam. ?:��\..r.. _.. s3�;;:; �. p i ntial Dw;lling Units 0.252 unit Motel Rooms 75 hotel rooms - maxi 10. 9 acr R eationel Rentals baeel recreational renW V= H 10 5 25 recreafignalmaximum Office_ FARW. ft.l 0.045 F 4 I 4 ft20,758 Commercial Retail - Medium FAR (&-flj 0,045 FAR 461300.4 20,758 ail. Marina FA&U%JU 0.045!M 46 Q00A .il. Commgrcial Fishing FAR (g1- ftj FAR 4613DO.4 ag,20 758 tl. .75 hotel unitL 25 recreational rental smac market rate unit TQTAL PENSITV2 TOTAL INTENSITY Floor Area: 20 758 s AfFordaa 1 Employee Housing dwelling units 0.75 uniu=M10.59 acr -4 8 Unaig `Maximum square footage ofl any one building or structure shall not exceed 10,000 square feet. However, cumulative square footage is &ovemed by floor area ratio maximums. The intent of this limitation is to prevent large scale, out of character retail or commercial development. (2) No Oven Sp Ratios are modified by Section 130- 131. Section 2. This ordinance is contingent upon the passage by the Board of County Commissioners and the approval of the Department of Community Affairs of the ordinance allowing the amendment to the land use district map designation submitted by Lloyd A. Good., Jr., for the same property legally described above, shown on Exhibit A. It is contingent upon the resolution of any appellate proceedings for this ordinance and the ordinance concerning the land use designation amendment for the same property. Section 3. Severab ity-, If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or provision immediately involved in the controversy in which such judgment or decree shall be rendered. Section 4. Confliedur. Provisions. In the case of direct conflict between any provision of this ordinance and a portion or provision of any appropriate federal, state, or County law, rule code or regulation, the more restrictive shall apply. Section 5. Transmittal. This ordinance shall be transmitted by the Planning and Environmental Resources Department to the Florida Department of Community Affairs as required by F.S. 380.05(11) and F.S. 380.0552(9). Section b. Films. This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not become effective until a notice is issued by the Department of Community Affairs or Administration Commission approving the ordinance. Section 7. Inclusion in the Monroe County Code. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition to amendment thereto, and shall be appropriately renumbered to conform to the uniform marking system of the Code. Section 8. Effective Date. This ordinance shall become effective as provided by law and stated above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of 92010 Mayor Sylvia J. Murphy Mayor pro tem Heather Carruthers Commissioner Kim Wigington Commissioner George Neugent Commissioner Mario Di Gennaro MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, CLERK LM Deputy Clerk Mayor Sylvia J. Murphy l IQNR E QUNTY ATTORNEY P vF b A9 TO F M s, r FM4 4) to go E-4 ir i6 q S iv epm !E c a A IF, w 10 �7, at 2 31 L.- — 2— .. i . * A It-_ IL 0- IL -•0 z • Z te y W7 1 id 'A % d IE r Z 7,' 72 a Z u qc L-) i Cc 4n ik _4D I Iv o o cc LZ W�. '71 'A cc E 6 u A zo c wl If' z I'll. b I IPA :� �� i � 1 i� �� �� � �. _ _ \� `: `\17/ `G�• Ey.� t� • .� �+.``.rZa ism" Y tl.0 '000 4�N a aft ell Ire, ,W de U. c. 48P Lai c U; UP LIJ lei 4A 4A 17 C.7 N 0 C4 15 1 2, z Z. 5 -a Q S z J4 e %n .17 Z' 0 Zo c 167 it 7. Zrgi+ e 0. lei r. 2 y ie 0 zi 2- .7 7, 'A A z c c — lr A 40 a is 16 c Zi C, rg. T. Q 0 Z j - 5 z .t 1 1 Ic m PC .y � y CAQ. y ` ae r..,+ 00 co efi o o, � It M .� W) It .. A 04 0 N N •� y �.N .. W' wi ON +n A �O O O1 ivrL�:i'r • � � � � � Rf rA ld y !d rA !d V `oo d: 9 9 9 9 ON o �—+ M M •-* en •-+ M •--+ V� i% U N U N U> A <.: F. d 00 { a W C Ind A c OJ V W }• 1� d 0 1 �1 'YWQ�. rA Cd Cd x 0 a U 04 U o06 N o c r N +�' © O O O O O O Nt " 10, N v N 1 v � c b ''" O O x • County of Monroe r1annhm DtartmRnt 2798 Overseas Highway Suite 410 Marathon, FL 33050 Voice: (305) 299-2500 FAX: (305) 239-2536 OBIT C 41 Board of Coun C©`__2am Mayor Charles McCoy, Dist 3 Mayor Pro Tern Dixie Speber, Dist 1 George Neugent, Dist 2 Vacant, Dist 4 Glaw Patton, Dist 5 We strive to be caring, professional and fair August 9, 2006 Lloyd Good 17001 Overseas Highway Sugarloaf Key, FL 33042 RE: LETTER OF DEVELOPMENT RIGHTS DETERMINATION FOR THE SUGARLOAF LODGE PROPERTY, LOCATED ON TWO PARCELS ON SUGARLOAF KEY HAVING THE REAL ESTATE NUMBERS 001184209000000 AND 001184709000000 Mr. Good, You requested a determination as to the number of dwelling units that may be rebuilt and exempt from the Residential Rate of Growth Ordinance (ROGO) and the amount of nonresidential square footage that may be rebuilt and exempt from the Non -Residential Rate of Growth Ordinance (NROGO) on the above -described premises. Based upon further review of additional records and new information, this letter shall serve as a revision to an earlier development rights determination for the subject property, provided by the Planning Department on July 19, 2006. I. BACKGROUND INFORMATION The applicant is proposing to redevelop Sugarloaf Lodge, an existing resort on Sugarloaf Key. The resort is a mixed -use development, consisting of a motel, restaurant, marina, bank, real estate office, gas station, convenience store and post office. There are six (6) structures located on two (2) parcels and the subject parcels have a total land area of approximately twenty-eight (28) acres. The applicant asserts that fifty-five (55) transient motel rooms and two (2) permanent apartments are lawfully -established and thereby exempt from ROGO. In addition, the applicant asserts that the existing nonresidential structures are lawfully -established and the floor area is thereby exempt from NROCsO. H. REVIEW OF RECORDS FOR RE 00118420.000000 Sugarloaf Lodge, Letter of Development Rights Determination (RE 00118420.000000 & RE 00119470.000000) Page 1 of 12 • • 1. The parcel identified as RE 00118420.000000 has a legal description of 3 67 27 Y67703-03 SUGARLOAF KEY PT LOT 3 & PT LOT 4 OR557-330-331 OR557-332-338 CASE #75- 102-CP-12 OR888-116/120 OR1039-18/20E(LD). 2. The parcel is currently located in a Destination Resort (DR) Land Use District. Resort hotels and their accessory uses are permitted in the DR District with minor conditional use approval. Concerning permanent residential uses, single-family, detached dwellings are permitted as - of -right and attached dwellings may be penmitted with major conditional use approval. Prior to 1986, the parcel was divided within four zoning districts----RU-7 (Residential Tourist) BU-1 (Light Business), BU-2 (Medium Business) and GU (General Use). 3. According to the Monroe County's Property Appraiser's records, there are five (5) buildings on the parcel. The structure described as Building 1 is the motel office and lobby building; Building 2 is the eastern wing of the motel; Building 3 is the marina building; Building 4 is the restaurant; and Building 5 is the western wing of the motel. These records are supported by an unofficial land survey by Frederick H. Hildebrandt, dated July 25, 2005. 4. There are fifty-five (55) existing motel rooms on the parcel. Motel rooms are considered transient residential dwelling units. In addition, there is one (1) permanent residential dwelling unit on the parcel. MCC Sec. 9.5-120.4 and Administrative Interpretation 03-108 provide criteria to determine whether or not a dwelling unit was lawfully -established: (a) The residential use was allowed at the time the motel was built in the 1960s. In addition, the property is currently located in a DR District, which permits resort hotels with minor conditional use approval and permanent attached dwelling units and employee housing with major conditional use approval. (b) Site visits were conducted by a Monroe County Planner, Joseph Haberman, on May 24, 2006 and on July 27, 2006. Two (2) motel buildings, consisting of fifty-five (55) transient dwelling units, were observed on the property. The one-story eastem wing of the motel (Building 2) consisted of twenty-four (24) motel rooms and the two-story western wing of the motel (Building 5) consisted of thirty-one (3 1) motel rooms. Of the motel rooms, fifty-four (54) were single -rooms and one (1) was a double -room suite (Room 201). There was evidence of electric and water service to all of the rooms. In addition, there was one (1) apartment within the motel office and lobby building (Building 1). It appeared to be occupied by a long-term tenant. W No original Building Permit for the motel or apartment was located for review. However, the building permit history supports the existence of fifty-five (55) transient dwelling units and one (1) permanent dwelling unit. Sugarloaf Lodge, Letter of Development Rights Detennination (RE 00118420.000000 & RE 00118470.000000) Page 2 of 12 Most notably, as part of Building Permit A2654, issued in 1977, the applicant submitted an un-scaled map of the Sugarloaf Lodge property showing fifty-five (55) motel rooms having the same configuration and room numbers as the currently existing motel rooms. in addition, the diagram shows the building in which the apartment is located. Further, Building Permits A2 8 00 (1977), 891-1490 (1989), 941-0422 (1994), 941- 0516 (1994), 941-0465 (1994)10 941-0813 (1994), 941-1471 (1995)2 951-05 74 (1997) and 981-1766 (1998) support the existence of the motel and indicate that it has remained in continuous operation on the property. (d) The Monroe County Property Appraiser's records for RE 00118420.000000 show a building value on the parcel from 1982 to present. There are currently five (5) buildings attributed to the property, a figure consistent with records from 1994, which indicate the existence of the same five (5) buildings. No records for 1990 were located for review. The years built of the two (2) motel buildings, Buildings 2 and 5, are indicated as 1960 and 1966, respectively. Appraiser's notes from 1997 indicate that the Sugarloaf Lodge consisted of fifty-five (55) units. The year built of the motel office and lobby building, Building 1, is indicated as 1968. (e) Aerial photography from 1982 to present confirms the continuous existence of the two (2) motel buildings (Buildings 2 and 5) and the motel office and Iobby building (Building 1). (f) The Sugarloaf Lodge has a valid occupational license for 2005. According to the license from 2005, the motel has a new business date of September 30, 1962 and the number of units is specified as fifty-five (55). An occupational license for 1993-1994 was also found for Sugarloaf Lodge. However, the license from 1994 did not provide a total number of rooms. No additional occupational licenses were submitted for review. (g) On a building floor plan for the motel office and lobby building (Building 1), produced by Clifford W. Wright and dated April 13, 1966, the apartment is specified as existing within the building and is illustrated in its current configuration. (h) Florida Keys Aqueduct Authority records indicate that water service has been provided to the property since the 1950s. Based on a review of the records, on the parcel identified as RE 00118420.000000, the Planning Department has determined that twenty-four (24) transient dwelling units in the eastern wing of the motel (Building 2) and thirty-one (31) transient dwelling units in the western wing of the motel (Building 5) are lawfully -established. Of these lawfully - Sugarloaf Lodge, Letter of Development Rigbts Deftnnination (RE 00118420.000000 & RE 00118470.000000) Page 3 of 12 • I established transient dwelling units, fifty-four are considered single -room units and one (1) is considered a double -room suite. In addition, the Planning Department has determined that one (1) permanent dwelling unit in the motel office and lobby building (Building 1) is lawfully -established. 5. There are three (3) existing nonresidential structures on the parcel. Pursuant to MCC Sec. 9.5-124.3 and Administrative Interpretation 03-108, owners of land upon which lawfully - established nonresidential floor area exists, shall be entitled to one (1) square foot for each such square foot in existence. MCC Sec. 9.5-124.3 and Administrative interpretation 03-108 provide criteria to determine whether or not nonresidential floor area was lawfully -established: (a) The nonresidential uses were allowed at the time the motel resort was built in the 1960s. In addition, the parcel is currently located in a DR District, which permits resort hotels and their accessory uses with minor conditional use approval. (b) Site visits were conducted by a Monroe County Planner, Joseph Haberman, on May 24, 2006 and on July 27, 2006. One (l) motel office and lobby building (Building 1), one (1) marina (Building 3) and one (1) restaurant (Building 4) were observed on the property. Each of the buildings appeared to be in use. (c) No original Building Permits for the three (3) nonresidential buildings were found However, the building permit history supports the existence of lawfully -established nonresidential floor area. As part of Building Permit A2654, issued in 1977, the applicant submitted an un- scaled map of the Sugarloaf Lodge property showing and identifying the motel office and lobby (Building 1), marina (Building 3) and restaurant (Building 4). The 1977 map illustrated the three buildings with the same configuration and uses as the currently existing structures. In addition, since 1977, a number of Building Permits have been issued for the property, supporting a continuous commercial retail use within the marina (Building 3) and restaurant (Building 4) and a continuous office use within the motel office and lobby building (Building i): • Supporting the commercial use of the marina (Building 3). Building Permit 941- 0319 was issued for commercial signage in 1994. The application included a site plan showing the marina building with its current dimensions. • Supporting the commercial use of the restaurant (Building 4), Building Permit A10793 was issued to replace an existing restaurant deck in 1983; Building Permit 871-0553 was issued to repair the A/C of a restaurant in 1987; and Building Permit 931-6938 was issued to construct a 962 square foot gazebo, serving as a commercial accessory use to an existing restaurant, in 1994. Sugarloaf Lodge, Letter of Development Rights Determination (RE 00118420.000000 & RE 00 118470. 000000) Page 4 of 12 However, none of these permits indicate a total amount of commercial square footage for the restaurant. • Supporting the office use within the motel office and lobby (]Building 1), Building Permit 981-1766 was issued to repair the roof of the office in 1998. • In addition, Building Permits 881-2203 (1988), 901-1465 (1990) and 981-2966 (1999) were issued for commercial signage for the property, but do not clearly indicate which building the commercial activity is taking place. (d) The Monroe County Property Appraiser's records for RE 00118420.000000 show a building value on the property from 1982 to present There are currently five (5) buildings attributed to the property, a figure consistent with retards from 1994, which indicate the existence of the same five (5) buildings on the property. The year built of the motel office and lobby (Building 1) is indicated as 1968 and it is described as a one-story structure that consists of 2,462 square feet of ground floor area. The year built of the marina (Building 3) is indicated as 1967 and it is described as a one-story structure that consists of 1,000 square feet of ground floor area. The year built of the restaurant (Buildings 4) is indicated as 1967 and it is described as a one-story structure that consists of 5,286 square feet of ground floor area. (e) Aerial photography from 1982 to present confirms the continuous existence of the throe (3) nonresidential buildings (Buildings 1, 3 and 4). (f) The Sugarloaf Lodge restaurant and Sugarloaf Marina have valid occupational licenses for 2005. According to the license from 2005, the restaurant has a new business date of September 30, 1962 and the marina has a new business date of May 31,1994. No additional occupational licenses were submitted for review. (g) Florida Keys Aqueduct Authority records indicate that water service has been provided to the property since the 1950s. Based on a review of the records, on the parcel identified as RE 00118420.000000, the Planning Department has determined that the following floor area is lawfully -established: In the marina (Building 3), 1,000 square feet of nonresidential floor area is lawfully - established. This figure is the total ground floor area specified in the Property's Appraisers records and is consistent with the unofficial land survey by Frederick H. Hildebrandt. In the restaurant (Building 4), 5,286 square feet of nonresidential floor area is lawfully - established_ This figure is the total ground floor area specified in the Property's Appraiser8 records and is consistent with the unofficial land survey by Frederick H. Hildebrandt. Sugarloaf bodge, Letter of Development Rights Detennination (RE 00118420.000000 & RE 00118470.000000) Page 5 of 12 In the motel office and lobby building (Building 1), 1,102 square feet of nonresidential floor area is considered lawfully -established. This figure is based on a building floor plan for the motel office and lobby building, produced by Clifford W. Wright and dated April 13, 1966. According to the floor plan, in total, the motel office and lobby building consists of 2,260 square feet, a figure consistent with the Property Appraiser's records of 2,462 square feet. Deducting the floor area dedicated to the residential apartment and the motel lobby, there is 1,102 square feet of nonresidential floor area, which includes the office space in the western section of the building and the motel reception and storage space in the center of the building. Although all of the floor area within the motel office and lobby building is considered lawfully -established, the floor area of the lobby (accessory to the transient residential component) and residential apartment is not considered commercial or nonresidential and thereby is not subject to NROGO. As a result, this floor area may not be rebuilt or converted into nonresidential floor area. In addition, Building Permit 931-6938, approved by the Planning Department, was issued for the construction of 962 square foot gazebo as a commercial accessory use in 1994. This nonresidential floor area is considered lawfully -established, although it is not described in the Property Appraiser's records. M. REVIEW OF RECORDS FOR RE 00I18470.000000 1, The parcel identified as RE 00118470.000000 has a legal description of Y67703-08 SUGARLOAF KEY PT LOT 3 OR557-332/338 CASE 475-102-CP-12. 2. The property is located in a Destination Resort (DR) Land Use District. According to the Future Imid Use Map (FLUM), the Future Land Use designation is Mixed Use (MU). Resort hotels and their accessory uses are permitted in the DR District with minor conditional use approval. Concerning permanent residential uses, single-family, detached dwellings are permitted as -of -right and attached dwellings may be permitted with major conditional use approval. Prior to 1986, the property was designated within a BU•2 (Medium Business) District. I According to the Monroe County's Property Appraiser's records, there is one (1) building on the parcel identified as RE 00118470.000000. These records are supported by an unofficial land survey by Frederick H. Hildebrandt, dated July 25, 2005. 4. There is one (1) permanent residential dwelling unit on the parcel. MCC Sec. 9.5-120.4 and Administrative Interpretation 03-108 provide criteria to determine whether or not a dwelling unit was lawfully -established: (a) The residential use was allowed at the time the motel was built in the 1960s. In addition, the property is currently located in a DR District, which permits permanent attached dwelling units and employee housing with major conditional use approval. Sugarloaf Lodge, Letter of Development Rights Detemunation (RE 00118420.000000 & RE 00118470.000000) Page 6 of 12 (b) Site visits were conducted by a Monroe County Planner, Joseph Haberman, on May 24, 2006 and on July 27, 2006. One (1) mixed -use building (Building 1 ) was observed on the property. The building consisted of a real estate office, bank, gas station, convenience store and residential apartment. The dwelling unit had electric and water service and appeared to be occupied by a long-term tenant. (c) No original Building Permit for the dwelling unit was located for review. However, the building permit history supports the existence of one (1) permanent dwelling unit within the mixed -use building (Building 1). As part of Building Permit 021-4553, issued in 2002, the applicant submitted a floor plan of the mixed -use building (Building 1) showing the apartment in its current configuration. (d) The Monroe County Property Appraiser's records for RE 00118470.000000 show a building value on the parcel from 1982 to present. There is currently one (1) building (Building 1) attributed to the property. The year built is indicated as 1958 and it is described as a one-story structure that consists of 4,003 square feet of ground floor area. (e) Aerial photography from 1982 to present confirms the continuous existence of the one (1) building (Building 1). (f) Florida Keys Aqueduct Authority records indicate that water service has been provided to the property since the 1950s. Based on a review of the records, on the parcel identified as RE 00118470.000000, the Planning Department has determined that one (1) permanent dwelling unit in the mixed -use building (Building 1) is lawfully -established. 5. The applicant asserts that the one (1) existing nonresidential structure is lawfully -established and thereby the floor area is exempt from NROGO. Pursuant to MCC Sec. 9.5-124.3 and Administrative Interpretation 03-108, owners of land upon which lawfully -established nonresidential floor area exists, shall be entitled to one (1) square foot for each such square foot in existence. MCC Sec. 9.5-124.3 and Administrative Interpretation 03-108 provide criteria to detennine whether or not nonresidential floor area was lawfully -established: (a) The nonresidential uses were allowed at the time the motel resort was built in the 1960s. In addition, the parcel is currently located in a DR District, which permits resort hotels and their accessory uses with minor conditional use approval. (b) Site visits were conducted by a Monroe County Planner, Joseph Haberman, on May 24, 2006 and on July 27, 2006. One (1) mixed -use building (Building 1) was Sugarloaf Lodge, Letter of Developnznt Rights Determination (RE 00118420.000000 & RE 00118470.000000) Page 7 of 12 observed on the property. The building consisted of a real estate office, bank, gas station, convenience store and residential apartment. (c) No original Building Permit for the mixed -use building (Building 1) was found. However, the building permit history supports the existence of lawfully -established nonresidential floor area in the building. As part of Building Permit A2654, issued in 1977, the applicant submitted an un- sealed map of the Sugarloaf Lodge proms which shows and identifies the service station and post office as existing on the property. In addition, since 1977, a number of Building Permits have been issued for the property, strongly supporting continuous commercial retail and office uses within the mixed -use building (Building 1). (d) The Monroe County Property Appraiser's records for RE 00118470.000000 show a building value on the parcel from 1982 to present. There is currently one (1) building (Building 1) attributed to the property. The year built is indicated as 1958 and it is described as a one-story structure that consists of 4,043 square feet of ground floor area. (e) Aerial photography from 1982 to present confirms the continuous existence of the one (1) building (Building 1). (f) On the property, Jens Stop N Shop had an occupational license for 2005, and its new business date is indicated as April 19, 1989 for the deli and October 1, 1992 for the retail grocery store. First State Bank has a valid occupational license for 2005 and its new business date is indicated as September 9, 1995. Century 21 Keysearch Realty has a valid occupational license for 2005 and its new business date is indicated as November 27, 1979. No additional occupational licenses were submitted for review. (g) Florida Keys Aqueduct Authority records indicate that water service has been provided to the property since the 1950s. Based on a review of the records, on the parcel identified as RE 00118470.000000, the Planning Department has determined that 2,973 square feet of nonresidential floor area in the mixed -use building (Building 1) is lawfully -established. According to the Property Appraiser's records, in total, the building has 4,003 square feet of floor area. Using the dimensions of the residential apartment as indicated in Building Permit 02 l -4553, which are consistent with the observations made during the site visit, 1,030 square feet of floor area dedicated to the residential apartment was deducted from the total square footage. Sugarloaf Lodge, Letter of Development Rights DeteYmination (RE 00119420.000000 & RE 00118470.000000) Page 8 of 12 • Iv. DEVELOPMENT RIGHTS DETERMINATION • LawfieUy-Established Dwelling Units and Nonresidential Floor Area: In conclusion, based on a review of the records for Real Estate Numbers 00118420.000000 and 00118470.000000, the Planning Department has determined that fifty-five (5,j) transient dwelling units and two (2) permanent dwelling units may be replaced, conforming to all current Monroe County Codas, without going through ROGO. Of the motel rooms, fifty-four (54) are single -rooms and one (1) is a double -room suite. In additions eleven thousand three hundred and twenty-three (11,323) square feet of nonresidential floor area may be rebuilt, conforming to all current Monroe County Codes, without going through NROGO. Real Estate Number Building I Ground Floor I Area Exempt Units Exempt Floor Area 00118420.000000 Motel Office and Lob uild' 1 29 462 its 1 dwelling unit 1 102 tP 00118420.000000 Motel —Eastern W' uildin 2 119250 W 24 motel units -- 00118420.000000 Marina Buil ' 3 1000 fr -- 1 000 ip 00118420.000000 Restaurant 'ldm 4 5 286 its — 5 286 W 00118420.000000 Motel — Western Win uiidin 5 11,928 tis 31 motel units -- 00118420.000000 Restaurant Gazebo 962 Rs -- 962 f e 00118470.000000 Mixed -Use Build' iI ' 1 003 W 4M69891 1 dwell' unit 29,973 its Total f1= 57 unite it 11y323 W For each dwelling unit replaced and each square foot of nonresidential floor area rebuilt, the equivalent amount of existing dwelling units or existing nonresidential Moor area must be demolished or removed with a Monroe County Building Permit. Any additional dwellings or nonresidential floor area will have to be acquired and allocated through ROGO or NROGG. Pursuant to MCC Sec. 9.5-124(b), nonresidential door area means the sum of the gross floor area for a nonresidential structure as defined in MCC Sec. 9.5-4, any areas used for the provision of food and beverage services and seating whether covered or uncovered, and all covered, unenclosed areas except for walkways, stairways, entryways, parking and loading. Nonresidential floor area is not space occupied by transient residential and institutional residential principal uses, such as the motel lobby or laundry facilities. Pursuant to MCC Sec. 9.5-4 (D-31), a dwelling unit means one (1) or more rooms physically arranged to create a housekeeping establishment for the occupancy by one (1) family with separate toilet facilities. Pursuant to MCC Sec. 9.5-4 (R-17), a room, hotel or motel, means a unit in a public lodging establishment as defined by Florida Statute Sec. 509.0I 3(4)(a) intended for transient lodging only for periods not exceeding thirty (30) days. For the purpose of density restriction, a hotel or motel room may be a single room or a suite and may include a kitchenette but no more than one and one-half (1 '/:) bathrooms, one (1) bedroom and one (1) other living area. All entrances shall share the same key or means of controlling access. Suites containing more than one (1) bedroom and one and one-half (1 yz) baths maybe constructed; however each bedroom/bath combination shall be considered a hotel unit. Sugarloaf Lodge, Letter of Development Rights Determination (RE 00118420.000000 & RE 00118470.000000) Page 9 of 12 • Density Requirements: • Any future redevelopment of the resort may not lead the property to exceed the maximum residential density, maximum hotel -motel residential density and maximum nonresidential land use intensities allowed in DR District, pursuant to MCC Sections 9.5-262, 9.5-267 and 9.5-269. Pursuant to MCC Sec. 9.5-268, the owners of land upon which a lawfully -established dwelling unit or a mobile home exists, but not including transient residential units, shall be entitled to one (1) dwelling unit for each such unit in existence. The replacements of lawfully -established transient residential units are subject to the density requirements within MCC Sec. 9.5-267. The allocated density for transient units in the DR District is ten (10) rooms per acre and the maximum net density is twenty-five (25) rooms per buildable acre. According to the Property Appraiser's records, the subject property consists of 27.94 acmes. Of the 27.94 acres, 12.42 acres have a required environmental open space of 100% and include the mangrove, scrub mangrove, water and saltmarsh. Therefore, 15.52 acres are remaining for residential and commercial development. The allocated density for transient dwelling units is 155.2 rooms (15.52 acres x 10 rooms per acre). The existing 55 transient units utilize 35 percent of the sites transient development potential or 5.4 acres. The remaining 65 percent or 10.12 acres may be utilized for the two existing permanent dwelling units and the existing nonresidential floor area. The allocated density for attached residential is one (1) unit per acre. The two (2) permanent units utilize 2 acres. The remaining 8.12 acres may be applied towards additional residential units and nonresidential floor area. Please note that employee housing that meets the affordable housing guidelines is permitted at a density of 18 units per net buildable area. The commercial uses of the marina and restaurant are restricted by the permitted use section. Pursuant to Section 9.5-243 (b), the restaurant facilities shall accommodate no less than one-third (1/3) of all hotel guests at maximum occupancy at a single serving. There are to be at least two (2) satellite eating and drinking facilities, each accommodating at least twenty-five (25) persons. Commercial retail is to be provided at a minimum of two hundred square feet W include convenience retail, food sales and gifts in one (1) or more sites, excluding restaurants as stated in the paragraph above and in addition on and three -tenths (1.3) square feet commercial retail per each guest room greater than one hundred fifty (150) rooms (not applicable at this time). Additional commercial retail may be provided and are subject to the following floor area ratio requirements: Low intensity .35, medium intensity .25 and high intensity .15. Commercial retail may consist of either dive shops, boat rentals, gift shops, barber/beauty services, travel agencies provided that there is no extension signage advertising these amenities to the general public. Therefore, the bank is a nonconforming use. Pursuant to Section 9.5-143 a nonconforming use has the authority to continue, may perform ordinary repair and maintenance, may not be extended Sugarloaf Lodge, Letter of Development Rights Determination (RE 00118420.000000 & RE 00118470.000000) Page 10 of 12 or changed in use unless the new use confoTins. to the provisions of the new land use district it is located in. Further, a nonconforming use that is abandoned or discontinued for six (6) consecutive months may not be reestablished or resumed. If the structure in which the nonconforming use is located is damaged or destroyed so a to require substantial improvement, then the structure may be repaired or restored only for uses which conform to the land use district in which it is located. Pursuant to Section 9.5-4, substantial improvement means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the predestruction market value of the structure as determined by the Office of the Tax Accessor of Monroe County, either (1) before the improvement or repair is started or, (2), if the structure has been damaged and is being restored, before the damage occurred. A land use district change could be pursued to make the use conforming. Both the Suburban Commercial and Mixed Use Commercial land use district would support the use of commercial retail (i.e. bank). However, the FLUM of MC would support either one of these possible land use district map amendments. Pursuant to Sec. 9.5-43 of the Monroe County Code, you are entitled to rely upon the representations set forth in this letter as accurate under the regulations currently in effect We trust that this information is of assistance. If you have any questions regarding the contents of this letter or if we may further assist you with your project, please feel free to contact our Marathon office at (305) 289-2500. S' erely, Aref )oulani Senior Director of Planning &Environmental Resources Cc: Heather Beckmann, Principal Planner Joseph Haberman, Planner Sugarloaf Lodge, Letter of Develolsmat Rights Determination (RE 00118420.000000 & RE 00118470.000000) Page 11 of 12 • Attacbsaent: • Building Permit History for Real Estate Number 00118420.000000 (Sugarloaf Lodge) Permit Number Date Issued Description A-2654 08-22-1977 Install two 4 f1 x 8 ft signs (Airplane Rides $3 / Airplane Rides Ahead A-2900 09-30-1977 Addition to exis ' ch A-8671 08-23-1981 Install eight solar collectors and four tanks &eplace existing restaurant wood deck with 715 ft concrete deck A-10793 08-01-1983 A-11780 05-04-1984 Clear land for residential development 871-0553 09-15-1987 Repair central A/C restaurant 881-2203 11-10-1988 Install 2 ft x 4 ft wood si M2dft exi!#nA sewer plant 891-1490 06-13-1989 901-1465 09-10-1990 LkMaint and lace 1 on existing sip Re -roof existin 12 000 sq ft roof 891-2196 10-05-1990 931-6938 01-06-1994 Install 962 sq tl shade embo, 941-0422 04-26-1994 ATF 110 linear ft retaini!& wall around sewer plant Install double face sign Chevron Marina 941-0319 05-12-1994 941-0516 05.16-1994 Install E±Tff ed dolphin containment fence ATF 6 ft hi 10 ft wide chain link gate Install 455 linear ft chain link fence 6 ft hig around dol bin canal 941-0465 06-21-1994 941-0813 07-12-1994 941-1471 05-03-1995 Add 350 sq ft bathrooms, storage & ice machine room to existing gazebo and motel 951-0574 04-0&1997 Remove subm ed fence, construct ATF 880 6 ft dock and waikwa 981-1708 10-22-1998 Clear land of exotic vegetation 981-1766 10-30-1998 Repair roof on ma!O.M office hurricane IenmgepEy r air Replacement of 272 sq ft si 24 ft high. Removal of smaller signs install 300 linear ft PVC sewer line & connect to sewer treatment 981-2966 02-18-1999 011-4253 11-14-2001 021.4532 11-19-2002 Replace one 2 ton split with one 2.5 ton split with no new drops (First State Bank 042-4082 0$ 26-2004 EM]ace exisfiin 7 %2 air handler for A/C 041-5178 11-15-2004 Replace 7.5 ton condenser unit 041-5771 12-28-2004 Replace 7.5 ton air handler 051-6705 12-13 -2005 Install t 100 MPP P21e Building Permit History for Real Estate Number 00118470.000000 (Sugarloaf Lodge) Permit Number Date Issued Description 881-213 9 11-04-1988 Remove and install two as tanks replace three Pum s Interior renovations to existing commercial buildin ATF to co fete 4,500 ft of urethane S22tiM to existroof 931-5665 0304-1993 951-0775 05-24-1995 981-0648 06-01-1998 U de existipj gas Pum RMa.iL roof of existin commercialgeneral store and jes station Upgrade electrical service 981-1765 10-30-1998 0214553 10-17-2002 Sugarloaf Lodge, Letter of Development Rights Determination (RE 00119420.000000 & RE 00118470.000000) Page 12 of 12 Think Traffic Safety . I agree with what the others have said. The zoning of these two pieces of property should remain as is, Destination Resort [DR]. I can give you many reasons for this thinking, but one stands out - Traffic Safety. As Mr. Good pointed out in the meeting with the Planning Commission on April 28, 2010 "When I die my heirs will probably sell the property". This is an important reminder to all, that ZONING goes with the property and not with the owner. Traffic Safety We currently have a very undesirable traffic problem at Sugarloaf Blvd and US # 1. This is a 4 way crossing with traffic coming all 4 ways. It is currently Dangerous for anyone entering US# 1 from either Mr. Good's property or from Sugarloaf Blvd. We do not need the NOISE or increase in traffic problems. We at Sugarloaf do NOT want a RV park at the mouth of Sugarloaf Blvd. With added RVs, traffic will get worst. Mr. Goods tells us to look at his development at "Blue Water". I and most everyone going into Key West have had near accidents at the Blue Water road entrance and that is not a 4 way traffic pattern. It is a much safer 3 way "T" interchange. Traffic Safety with the Heritage Trail coming through our area, the traffic safety issue will increase. The traffic from Sugarloaf Blvd and US#1 is going to be tight, but more traffic from Mr. Good's property with RVs at a 4 way interchange will make it worse. Traffic Safety The Bus stops for Northbound and Southbound traffic will continue to increase human traffic crossing US# 1. As this current OIL situation in the Gulf and nation gets worse, more of us will be riding the bus and going across US# 1. Traffic Safety more people walking from an RV to the nice Sugarloaf Blvd walking trail would continue to increase the danger. I estimate there are currently over 100 people walking or bicycling crossing US# 1 each day. Yes there are many problem with changing the zoning of these two properties of Mr. Good. We must consider the LCP, the Livable CommunitKeys Plan through which we are trying to maintain community character. Traffic Safety "Goal 101 of the Monroe County Year 2010 considers the health and safety of people" Mr. Good is not concern with Traffic Safety. According to Mr. Good, his request for a zoning change is out of concern that the Marina, 0.1 which Sugarloaf Citizen dearly love, the garage, the real estate office, can be maintained. Mr. Good and the county staff say that if a hurricane destroyed these building, they could not be rebuilt according to current zoning regulations. This is not true. These buildings were repaired after hurricane Wilma in 2005. If this were the real reason for a zoning change, an overlay of just the foot print of where these building now stand could be created and not change any zoning for the rest of the property. The citizens of Sugarloaf are against the rezoning from a: 1. Noise concern. It is now extremely noise on Tuesday "hoedowns" at the Sugarloaf Tiki Bar and an RV park would make this worse than it is now. 2. The fire station must be enlarged and county must purchase some of Mr. Good property for this purpose. 3. Property value could decline in Sugarloaf if an RV park was created right along US # 1. 4. Community character as defined in the LCP would change adversely. 5. Traffic Safety would get worst with these changes in zoning. Keep the two properties as they exist DR [Destination Resort.] Thank You - remember Traffic Safety --- no rezoning for these 2 properties. Keep them DR. Think about all our problems under the LCP umbrella. Traffic Safety