06/23/1992 SpecialYY 132
A Special Meeting
County Commissioners convey
at Old City Hall in Key We:
call were Commissioner Ear]
Commissioner Jack London, C
Mayor Wilhelmina Harvey.
Clerk; Randy Ludacer, Count
Administrator; County Staff
and the general public.
All stood for a
Pledge of Allegiance.
Special Meeting
Board of County Commissioners
Tuesday, June 23, 1992
Key West
of the Monroe County Board of
ed at 3:00 p.m. on the above date
t. Present and answering to roll
Cheal, Commissioner Doug Jones,
ommissioner John Stormont, and
lso present were Danny Kolhage,
y Attorney; Tom Brown, County
; members of the Press and Radio;
nt of silent prayer and the
DIVISION OF COMMUNITY SERVICES
Motion was made by Commissioner Jones and seconded
by Commissioner Cheal to ap rove and authorize for execution
the following:
Contract Amendment to Contract KG-197
with the Alliance for Aging, Inc. con-
cerning the Alzheimers Disease Initiative
Program I
Community Care for�the Elderly continu-
ation grant funding application and
Contract KG-251E with the Alliance for
Aging, Inc. I
Alzheimer's Diseas4 Initiative continuation
grant funding application and Contract
KG-251D with the Alliance for Aging, Inc.
Community Care for the Elderly Diversion
Program continuation grant application
and Contract KG-25�D with the Alliance for
Aging, Inc. I
Roll call vote was unanimou
ADDITIONS,
Motion was made by
by Commissioner Cheal to ap
deletions to the Agenda. M
MUNICIPAL S
ECTIONS, DELETIONS
commissioner Jones and secon�ded-
rove additions, corrections and
Lion carried unanimously.
CE DISTRICT
Motion was made by Commissioner Jones and seconded
by Mayor Harvey to approve a d authorize execution .of the
Special Obligation Note, Series 1989, numbered R-2. Roll
call vote was unanimous.
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COUNTY ADMINISTRATOR
i
Jose Gonzalez of G nzalez Architects made a presen-
tation of the Jackson Square/Truman School Renovation Plan.
After full discussion by the Board, motion was made by
Commissioner London and seAnded by Commissioner Jones 'to
.approve Plan "D" as set out below and to also approve the
Proposed Scenario Synopsis Bet out below:
"PLAN D
START FY $ TOTAL $
DATE AVAIL. AVAIL. PROJECT COST FACTOR TOTAL
1/93 $3.87 $3.87 Truman $1.30 .17 91.52
1/94
1/95
1/96
1/97
1/98
1/99
1/00
1
SI Rec.
$0.35
.17
$0.41
Old Jail
$0.15
.17
$6.18
Storage
$0.40
.17
$0.47_
Other Rec
$0.50
.17
$0.67
Continq.
$0.50
00
$6.50
TOTALS
$3.20
.17
$3.75
$2.20 $2.82Truman
$1.35
.17
$1.58
PK Sheriff
$0.60
.17
$0.70
Continq.
$0.50
00
$0.50
TOTALS
$2.45
.17
$2.78
$2.30 $2.84
Old CH
$0.70
.17
PK Sheriff
$1.30
.17
$1.52
Continq.
$0.50
00
$6.50
TOTALS
$2.50
.17
$2.84
$2.00 $2.50
?K Sheriff
$1.00
.17
$1.17
KW Sheriff
$0.70
.17
$Q.82
Conting.
$0.50
00
$0.50
TOTALS
$2.30
.17
$2.49
$2.50 $3.10
KW Sheriff
$1.60
.17
$1.87
CH Annex
$0.60
.17
$6.70
Continq.
$0.50
00
$0.50
TOTALS
$2.70
.17
$3.07
$3.05 $3.56
�H Annex
$2.30
.17
$2.69
ester
$0.35
.17
$0.41
ontinq.
$0.50
00
$6.50
TOTALS
$3.15
.17
$3.60
$2.75 $3.21
1H Annex
$2.20
.17
$2.57
310 Flem.
$0.18
.17
$6.21
Continq.
$0.50
00
$0.50
TOTALS
$2.88
.17
$3.28
$3.•00 $3.43
510 Thom.
$0.70
.17
$0.82
ire Res
$0.50
.17
$0.59
dm Bldg
$1.00
.17
$1.17
sec
$0.50
.17
$0.59
Conting.
$0.25
00
$0.25
TOTALS
$2.95
.17
$3.42
**
rolls
NOTE: Figures
ssume $500,000
contingency
forward
ntact from year
to year.
How-
ever, the
amount available
will
likely
decrease7over
the
life of
this
project."
YY 1 4,
"Jackson Square/Truman School Renovation
Proposed Scenario Synopsis of Proposed Facility Reuse
Based upon discussion with the Monroe County Board of
Commissioners and the Constitutional Officers, and as a
result of the preliminary workshop the following sce-
nario is suggested. This scenario accommodates the
Constitutional Offices and Commissioners space needs and
doubling the Judicial space currently occupied.
Additionally, it eliminates leased space by these user
groups.
The main Truman School Building would be renovated for
occupancy by the Tax Collector, the Property Appraiser
and one Commission Chamber.
The Truman School Additions (Cafeteria & Classrooms)
would be demolished in order to satisfy site parking
requirements.
Storage space currently used by several Constitutional
Officers would be relocated in a newly constructed
storage building on Stock Island.
Once the new Jail construction is complete and the
currently used Jail space vacated, the majority of the
Court House Annex would become Judiciary space with a
portion remaining for the Sheriff's court support func-
tions.
The existing Jail kitchen has been proposed for future
kitchen use by the County's Nutrition Program. Should
this use not be needed the space would be further
available for the Judiciary.
Space in the lst floor of the current Jail in the Court
House Annex is available for occupancy by Public Works.
We recommend HRS Juvenile Holding remain in its existing
location with some expansion.
The Clerk of the Courts offices would expand in the Old
Courthouse. This building would also provide a
Commission Chamber on the lst floor with the 2nd floor
allocated to the County. Attorney.
To help alleviate current parking problems on the
Jackson Square site and to consolidate the Sheriff's
operations, a new Stock Island facility for the
Sheriff's Department is contemplated. The Lester
Building would be available for occupancy by the State
Attorney and the Supervisor of Elections.
The Public Defender's office currently in lease space
would be relocated to 310 Fleming Street lst and 2nd
floors and the 510 Thomas Street building would be demo-
lished making space for critically needed parking."
Roll call vote was unanimous.
MISCELLANEOUS
Growth Management Division Director Bob Herman,
attorney Michael Halpern, and Bob Apgar discussed proposed
settlement of the Shark Key case pursuant to court -ordered
mediation. Motion was made by Commissioner London and
seconded by Commissioner Jones to authorize the attorneys to
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YY 135
1
proceed to finalize the se
described in the attached
stipulation. Mr. Halpern,
Development Corporation, i
terms of the proposed sett
was taken with the followi
Commissioner Chea
Commissioner Jone
Commissioner Lond
Commissioner Stor
Mayor Harvey
Motion carried.
A Public Hearing
amendment to Chapter 9.5 o
which will implement a sys
permits in the unincorpora
of publication was noted f
individuals addressed the
Bill Spottswood, Eric Beat
Smith, Joyce Newman, Steve
Clerk advised that he was
Tittle and John Swisher an
into the record. Motion w
seconded by Commissioner J
letters up to the five -min
was taken with the followi
lement agreement on the terms
oposed development agreemet and
epresenting Shark Key
icated their agreement with the
ment agreement. Roll call vote
results:
No
Yes
Yes
t No
Yes
RRARTWng
s held to review a proposed) text.,
the Monroe County Code Amended,
m for the allocation of building
d areas of Monroe County. Proof
the record. The following
ard: Lloyd Good, Simon Klein,
e, Henry Morgenstern, Bill'
enson, Monica Haskell. The
possession of letters froi� Fred
requested to read those letters
made by Commissioner Cheal and
es to authorize the reading of
e time limit. Roll call vote
results:
Commissioner Cheap
Commissioner Jones
Commissioner London
Commissioner Stor-ont
Mayor Harvey
Motion carried.
Attorney Jim Hendrick disculssed
9.5-121(E). Motion was made by
seconded by Commissioner LoI don
the recommendation of staffiand
9.5-121(E) Type of
2. A residential dwe
strated by a traf
reviewed for suff
Planning and appr
with the followin
unit is so locate
County major tran
evacuation of suc
of a threat of a
shift the critica
shown in the Dece
Post, Buckley, Sc
portation Analysi
increase the traf
road segment and,
the overall Count
clearance time.
residential dwell
Yes
No
Yes
No
Yes
i
a proposed Subsection
Commissioner Stormont and
to approve the following per
counsel:
lopment Not Affected
ling unit which is demon-
ic study submitted to and
ciency by the Director of
ved by the BOCC, to comply
criteria: the dwelling
with respect to the Monroe
portation network that
dwelling unit in the event
lass 3-5 hurricane will not
(controlling) road segment
ber 1991 update of the 1989
ah & Jernigan, Inc. Trans -
for Monroe County nor
is volume on the critical
therefore, not increase
hurricane evacuation
11 previously authorized
nQ units to be located in
YY 136
Rev I sec
the area designated as Zone 7 in that 1989
Transportation Analysis are found to comply
with the above criteria and are exempt.
Roll call vote was unanimous.
John Fernsler of Wallace -Roberts -Todd discussed several
technical amendments to the Draft Ordinance. Motion was
made by Commissioner Stormont and seconded by Commissioner
Cheal to approve the following amendments to the Draft
Ordinance dated 6-22-92 so as to now read as follows:
Section 1. Purpose and Intent
The purpose of this Amendment is to implement
goals, objectives and policies of the Florida Keys
Comprehensive Plan related to protection of resi-
dents, visitors and property in the County from
natural disasters, specifically including hurri-
canes, by adopting a Dwelling Unit Allocation
Ordinance limiting annual residential development
in Monroe County to an amount and rate commensurate
with the County's ability to maintain a reasonable
and safe hurricane evacuation clearance time, as
determined by policy decisions and recently
completed studies. The present hurricane evacua-
tion clearance time in Monroe County is
unacceptably high. Based on a continuation of
Monroe County's historic rate of growth, clearance
time will continue to increase. Therefore, con-
sistent with its responsibility for protecting the
health and safety of its citizens, Monroe County
must regulate the rate of population growth
commensurate with planned increases in evacuation
capacity to prevent further unacceptable increases
in hurricane evacuation clearance time. Regula-
tion of the rate of growth will also help to
prevent further deterioration of public facility
service levels, irreversible environmental degra-
dation, and potential land use conflicts.
2.1.5.1
There currently is only one evacuation route:
U.S. Highway 1, until such time that improve-
ments to Card Sound Road are completed.
2.1.5.2
Evacuation to adequate shelters in Dade County
would require a clearance time of 35 to 37:75
hours, depending upon levels of seasonal
occupancy.
2.1.5.3
Comprehensive hurricane evacuation studies
show -that storm tides and sustained tropical
storm winds will likely arrive 6-12 hours
before hurricane landfall, depending on the
intensity, forward speed, and size of the
hurricane.
2.1.6
Evacuation of residents to shelters located in
the Keys is only a last resort in a category
3, 4, or 5 hurricane.
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2.2.1
In 1989, the U.S.
contracted with t
Buckley, Schuh &
update hurricane
upon more recent
anent and seasona
behavioral inform
modeling techniqu
2.2.1.2
The calculated ev
in hurricanes Ele
hurricane Hugo in
2.2.1.4
.rmy Corps of Engineers
engineering firm of Post,
rnigan, Inc. ("PBS&J") to
acuation traffic data base
zards data, updated perm -
population figures,
ion and transportation
uation times were verified
and Kate in 1985 and in
989.
The Study was based upon a category 3-5 storm
(the most severe), and assumes that all of the
Keys will be subject to evacuation since none.
of the designated shelters in the Keys provide
safe refuge in a category 3-5 storm.
2.2.2
Based upon behavi
of South Florida,
ing participation
residents.
2.3.1
Monroe County's 35
clearance time is
state and in the n
2.3.1.3
Approximately 1101
of evacuation clea
based on a vehicle
vehicles per hour,
ing vehicles per e
estimated future a
participation rate
2.3.1.4
analysis by the University
he Study assumed the follow
ates for evacuation of Keysj
hour hurricane evacuation
ne of the worst in the
tion.
developable units per hour
ance time has been estimate!
evacuation rate of 1145
an average of 1.30 evacuat-,
acuating unit and an
ditional resident/visitor
of 80%.
Since 1972, Monroe County has permitted an
average of 552 new single-family dwelling
units per year, wh1ch equates to an additional
1..247 persons per ear or an additional 32.5
minutes of clearance time per year.
2.3.1.4 (new item/adj�st numbers for
original 2.301.4 and following)
Approximately 255
per year for 10 ye
hurricane evacuati
hours with due con
already permitted
future development
snits can be accommodated
ors while maintaining a
in clearance time of 30
iideration of development
>ut not constructed and
in municipalities.
YY 38
2.3.1.5
Until 1991, the County considered only one
evacuation route -- U.S. 1. In August, 1991,
the Board directed that Card Sound Road be
used for evacuation in addition to U.S. 1.
Subsequently, the Board directed that Card
Sound Road be relied upon only when improve-
ments are completed.
2.3.1.6
Inclusion of an additional out -bound lane on
Card Sound Road in the calculation of evacua-
tion capacity has the effect of reducing
hurricane evacuation clearance time to approx-
imately 24.75 hours once the projected road
improvements are completed.
2.3.3
At the historic rate of growth of 552 new
single-family homes per year and assuming that
Card Sound Road is improved to function as a
viable evacuation route, Monroe County's
hurricane evacuation time will rise again to
more than 30 hours by the year 2000.
2.5.1
The Board finds that there presently exists in
Monroe County a serious risk of injury, loss
of life, and property damage from the occur-
rence of a hurricane, as shown by the Monroe
County Comprehensive Plan Hurricane Evacuation
Analysis by Post, Buckley, Schuh & Jernigan,
Inc. (December 1991).
2.5.2.5
The County recognizes that based on an esti-
mated 1.3 evacuating vehicles per residential
unit and an evacuation rate of 1145 vehicles
per hour, each additional evacuating dwelling
unit adds approximately 4 seconds to -the
hurricane evacuation clearance time.
2.5.2.7
The County recognizes that every resident and
visitor should have the opportunity to evacu-
ate within a realistic and reasonable limit,
which has been determined by the Board to be
30 hours by the year 2000.
Roll call vote was taken with the following results:
Commissioner
Commissioner
Commissioner
Commissioner
Mayor Harvey
Motion carried.
Cheal
Yes
Jones
No
London
Yes
Stormont
Yes
Yes
Motion was made by Commissioner Cheal and seconded by Mayor
1
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yy 139
1
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Harvey to approve the following amendments to the Draf
Ordinance dated 6-22-92 sous to now read as follows:
2.3.1.8
In addition to they projected improvements to
Card Sound Road, the only other planned trans-
portation improvement that would increase
hurricane evacuation capacity in the near
future is the planned widening of U.S. 1 from
south of Florida City to Key Largo; however,
this improvement is not scheduled for con-
struction until 1995/96, and is presently
unfunded.
Section 9.5-120.1 Definitions
3. "Annual Allocation Period" means and
refers to the twelve-month period from
the effective date of the Dwelling Unit
Allocation Ordinance to its one-year
anniversary date, and subsequent one-year
periods..
Section 9.5-121.1 Residential Dwelling Unit Alloca
(D) Exempt and Vested Development.
1. Any building permit for residential
dwelling units issued by the County
during an allocation period to vested
development shall be subtracted from!
the annul residential dwelling unit;
allocation for that allocation period.
2. After subtracting "tractin building permits
issued for vested residential dwell-'
ing units by subarea and by quarterly,
allocation period the Director of
Planning shall redetermine the
quarterly residential dwelling unit
allocation in accordance with the
following principles and guidelines.
(a) if the number of vested residen-
tial dwelling units is less than
50% of the quarterly allocation,
for the affected subarea, such
vested residential dwelling units
shall be subtracted from the
quarterly allocation and only
the remainder of the quarterly
allocation shall be available
for allocation in that quarterly
period;
(b) if the number of vested residen
tial dwelling units is 50% or
more of the quarterly allocation
for the affected subarea, only
500 of such vested residential
development shall be subtracted'
fron the quarterly allocation
and the remaining 500 of the
quarterly allocation shall be
available for allocation in that
quarterly period; in that event,
tions
YY 140
the "excess" residential dwell-
ing units shall be determined
and subtracted pro rata from
future allocation periods so
that an average annual build -out
of 255 dwelling units is not
exceeded.
Point Dedication of Vacant, Buildable
Assignment Lots/Unplatted Lands
An additional two (2) points shall be
assigned for each additional legally
platted buildable lot, and for each
one acre of unplatted buildable land
located in areas proposed for -acqui-
sition by governmental agencies for
purposes of conservation or resource
protection, which lot(s) or acreage
is dedicated to Monroe County.
Point
Assignment Structural Measure
(B) 2. for dedications, a statutory warranty
deed, subject to the approval of the
Board of County Commissioners prior
to filing in the office of the Clerk
of the County, which conveys the
dedicated property to the County;
Roll call vote was taken with the following results:
Commissioner
Commissioner
Commissioner
Commissioner
Mayor Harvey
Motion carried.
Cheal
Yes
Jones
No
London
Yes
Stormont
Yes
Yes
Growth Management Division Director Bob Herman and Pat
McNeese addressed the Board.
Motion was made by Commissioner Stormont and seconded by
Commissioner Cheal to approve the following amendments to
the Draft Ordinance dated 6-22-92 so as to now read as
follows:
Section 9.5-120.1 Definitions
5. "Known habitat of threatened/endangered
animal species" is one that has docu-
mented evidence of sightings, collection,
trapping, or direct evidence of the
presence of the animal(s) in a specific
habitat area (as documented on the
County's Threatened and Endangered
Species Maps).
6. "Probable habitat of threatened/
endangered animal species" is one where
there is a lack of direct evidence docu-
menting the presence of an animal, but
where the habitat area is suitably
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yy 141
9 I
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rp
close to an existing population to make
colonization possible, and is of a size
and ecological character sufficient to
support the nimal(s) (as documented on
the County's Threatened and Endangered
Species Maps).
"Potential habitat of threatened/
endangered animal species" is one where
there is a lick of direct evidence docu-
menting the rresence of an animal and
where the habitat area is not suitably
close to an existing population to make
colonization possible, but the habitat
area is of a size and ecological
character su ficient to support the
animal(s) (as documented on the County's
Threatened aqd Endangered Species Maps).
Roll call vote was taken with the following results:
Commissioner
Cheal
Yes
Commissioner
Jones
No
Commissioner
London
Yes
Commissioner
Stormont
Yes
Mayor Harvey
Yes
Motion carried.
Motion was made by Commiss
Commissioner Cheal to appr
Draft Ordinance dated 6-22
Section 9.5-120.1 Def
13. "Wide-ranginc
animal speciE
typically mo%
seasonally.
listed habita
ranges (as do
Threatened an
Roll call vote was taken w
Commissioner Chea
Commissioner Jone
Commissioner Lond
Commissioner Stor
Mayor Harvey
Motion carried.
The Board and Staff discus
10 and 11 of the Draft Ord
reference to the County's
Maps.
Motion was made by Commiss
Commissioner Stormont to a
the Draft Ordinance dated
follows:
I
oner Stormont and seconded gay
ve the following amendment too the
92 so as to now read as follows:
initions
threatened or endangered '
s" is one whose individuals
e over a,large area, usually
They occur in any of the
is within their mapped
::umented on the County's
3 Endangered Species Maps).
the following results:
Yes
No
Yes
t Yes
Yes
d Items 5, 6, 7 and 13 on Plages
ance dated 6-22-92 and the
reatened and Endangered Species
ner Cheal and seconded by
rove the following amendment to
22-92 so as to now read as
YY 14 2
Point Potential Impact on Habitat of
Assignment Threatened and Endangered Animal
Species/Potential Disturbances
to Threatened and Endangered
Animal Species
Roll call vote was taken with the following results:
Commissioner Cheal Yes
Commissioner Jones No
Commissioner Stormont Yes
Mayor Pro Tem London Yes
Motion carried with Mayor Harvey not present.
Motion was made by Commissioner Stormont and seconded by
Commissioner Cheal to approve the following amendment to the
bottom of Page 26 of the Draft Ordinance dated 6-22-92 so as
to now read as follows:
Dwelling unit(s) within a known habitat of
documented threatened/endangered species.
Dwelling unit(s) within a probable or
potential habitat of threatened/endangered
species.
Roll call vote was taken with the following results:
Commissioner
Cheal
Yes
Commissioner
Jones
No
Commissioner
London
Yes
Commissioner
Stormont
Yes
Mayor Harvey
Yes
Motion carried.
Motion was made by Commissioner Stormont and seconded by
Commissioner London approve the following amendment to the
bottom of Page 23 of the Draft Ordinance dated 6-22-92 so as
to now read as follows:
3. Affordable Housing
Points shall be assigned to Allocation
Applications for proposed dwelling units
which contribute to the supply of afford-
able housing in Monroe County:
Point
Assignment Affordable Housing
(+5) Dwelling units will be restricted to
households that derive at least
seventy (70) percent of their house-
hold income from gainful employment
in Monroe County, and the use of the
dwelling unit(s) will be restricted
for a period of at least twenty (20)
years to households with an income
no greater than one hundred twenty
(120) percent of the median house-
hold income for Monroe County.
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Roll call vote was taken with the following results:
Commissioner
Cheal
Yes
Commissioner -Jones
No
Commissioner
London
Yes
Commissioner
Stormont
Yes
Mayor Harvey
Yes
Motion carried.
Motion was made by Commissioner Cheal and seconded by
Commissioner London to approve the following addition to the
Point Assignment - Structujal Measure portion of Page 29 of
the Draft Ordinance dated 6, 22-92 to read as follows:
An additional one poi
wind load of 155 mph
a qualified engineer.
Roll call vote was taken w
if dwelling unit meets a
greater, as certified by
the following results:
Commissioner
Chea-1
Yes
Commissioner
Jones
No
Commissioner
London
Yes
Commissioner
Stormont
Yes
Mayor Harvey
Yes
Motion carried.
Motion was made by Commiss
Commissioner Jones to amen
Dwelling Unit" on Page 10
6-22-92. During discussio
Motion was made by Commissi
Commissioner London to appx
Subparagraph (d) on Page 26
6-22-92 to read as follows:
I
ner Stormont and seconded by
the definition of "Residential
the Draft Ordinance dated'
the motion was withdrawn.
ner Cheal and seconded by
ve the following amendment
of the Draft Ordinance dates
(d) Such habitat evaluation as contained in (a),
(b)_, and (c) above shall not apply to lots in
legally platted su divisions, which lots are
currently served b7 existing infrastructure,
including, at a mi imum, potable water,
electricity, and plIved roads.
Roll call vote was taken w4h the following results:
Commissioner Cheal
Cgmmissioner Jones
Commissioner Londo
Commissioner Storm
Mayor Harvey
Motion carried.
Motion was made by Commissi
Commissioner Jones to appro
the Draft Ordinance dated 6
follows:
Yes ;I
No
Yes
nt Yes
Yes
)ner Cheal and seconded by
re the following amendments to
-22-92 so as to now read as
12. Areas of Particular Concern
Negative points shall be assigned to Alloca-
tion Applications for proposed dwelling unit(s)
based upon their location relative to specific
Areas of Particular Concern (APCs). The ADCs
are found in Volume II pages 189 through 219
and include the following site specific
designations:
1. Lignumvitae Key Aquatic Preserve,
2. Coupon Bight Aquatic Preserve,
3. John Pennekamp Coral Reef State Park
and Key Largo Coral Reef Marine
Sanctuary,
4. Cactus Hammock on Big Pine Key,
5. Freshwater Aquifers with special
emphasis being on the Big Pine Key
Aquifer,
6. National Key Deer -Wildlife Refuge,
and
7. National Great White Heron Wildlife
Refuge.
The management policies for each of these
APCs call for special attention in regulating
development within and adjacent to these
designated areas.
Point
Assignment Location Within or Adjacent to APCs
(-1) Proposed dwelling unit for each
APC it is located within or
abutting.
Roll call vote was taken with the following results:
Commissioner
Cheal
Yes
Commissioner
Jones
No
Commissioner
London
No
Commissioner
Stormont
No
Mayor Harvey
No
Motion failed.
Motion was made by Commissioner Jones and seconded by
Commissioner Cheal to deny the Dwelling Unit Allocation Text
Amendment Ordinance. Roll call vote was taken with the
following results:
Commissioner
Cheal
Yes
Commissioner
Jones
Yes
Commissioner
London
No
Commissioner
Stormont
No
Mayor Harvey
Yes
Motion carried. Motion was made by Mayor Harvey and.
seconded by Commissioner Cheal to reconsider the previous
motion. Roll call vote was taken with the following
results:
Fi
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E
Commissioner Chea
Commissioner Jone
Commissioner Lond
Commissioner Stor
Mayor Harvey
Motion carried. Motion wa
seconded by Commissioner L
2.5.5 with appropriate ren
It.is the mandate of
take measures to "mai
evacuation time. The
Ordinance are require
ment Agreement betwee
These State mandates,
State of Florida to b
for the cost of imple
and to then adopt, as amend
following Ordinance amendin
Regulations of the County o
rate at which the County wi
residential dwelling units
ability to maintain a reaso
cuation clearance time;.pro
viding findings; providing
provisions and applicabilit
dwelling unit allocations;
providing evaluation proced
appeals; providing for the
existing County ordinances
severability; and providing
vote was taken with the fol
Commissioner
Commissioner
Commissioner
Commissioner
Mayor Harvey
Motion carried.
Yes
No
Yes
nt Yes
Yes
I
then made by Mayor Harvey aid
don to add the following Policy
bering:
le 9J-5 that Monroe County
ain or reduce" hurricane
ssential provisions of this
by the terms of the Settle -;I
the County and the DCA.
mong others, obligate the
r primary responsibility
nting this Ordinance.
d by previous Board action,i the
the Land Development
Monroe, Florida, regulating the
1 issue building permits for
ommensurate with the County's
able and safe hurricane eva-
iding a purpose and intent;lpro-
efinitions; providing general
providing for residentialli
roviding application procedures;
res and criteria; providing;�for
ffect of the amendment on
r regulations; providing for
an effective date. Roll call
owing results:
Cheal�
No
Jones
No
London
Yes
Stormont
Yes
Yes
ORDINANCt NO. 016-1992
See Ord. Book No. 27 which is incorporated herein by
reference. N
Growth Management Division Director Bob Hermanland
the Board briefly discussedicommercial permitting.
There being no fur
adjourned.
j
er business, the meeting was
STIPULATION
1. Monroe County shall promptly consider adopting an ordinance
allowing for Development Agreements pursuant to Section 166.3223,
Fla. Stat. (1991).
2. Monroe County agrees to hold public hearings and consider
adoption of the attached proposed Development Agreement.
3. Within two (2) weeks of the adoption of the attached Develop-
ment Agreement, the parties shall execute the proposed Develop-
ment Agreement.
4. Within two (2) weeks of the execution of the proposed Develop-
ment Agreement by all parties, the Shark Key Development Corpora-
tion, Michelle Keevan Halpern, Ann Keevan Finch, and Patrick
Keevan shall dismiss this action withawt prejudice; each party
shall bear its own costs and attorneys fees.
5. The parties agree to jointly move the Court for a continuance
of the scheduled trial to allow time for the adoption of the
implementing ordinance and Development Agreement.
6. Pursuant to Section 163.3229, Fla. Stat. (1991), as amended
by Senate Bill 1882, the executed Development Agreement shall not
be effective until the Monroe County Comprehensive Plan is found
i.n compliance in accordance with Section 163.3184, 163.3187, and
163.3189, Fla. Stat. (1991). The parties anticipate that the
Monroe County Comprehensive Plan will be found in compliance in
October 1992. In recognition of the uncertainty of the date that
the Monroe County Comprehensive Plan will be found in compliance,
the parties agree that upon execution of the Development Agree-
ment, the parties shall file the attached Joint Motion and pro-
posed Agreed Order.
Page 2
DEVELOPMENT AGREEMENT
1. This Development Agreement, dated 1992,
between Shark Key Development Corporation, Monroe County, Flori-
da, and the Florida Department of Community Affairs is entered
into in accordance with Section 163.3227, Fla. Stat. (1991).
2. The legal description of the land subject to this Agreement
is attached as Exhibit "A," is hereinafter referred to as Shark
Key, and the name of the owner of this land is Shark Key Develop-
ment Corporation.
,c
C3.) The duration of this Agreement shall be nine years. This
Agreement shall take effect on the date that Monroe County's
Comprehensive Plan is found in compliance in accordance with
Sections 163.3184, 163.3187, or 163.3189, Fla. Stat. (1991), the
,Florida Local Government Development Agreement Act.
4. The development uses permitted on the land are single-family
residential and associated recreational amenities at a building
height as permitted by the land development regulations of 'Monroe
County, Florida. Although a total of seventy-four (74) total
single-family residential units were previously platted on the
land, this Agreement only addresses the remaining unsold lots as
identified in Exhibit "B."
•
Public facilities currently available to service the develop-
ment include:
a. domestic water by the Florida Keys Aquaduct Authority,
and
b. electric by Florida Keys Electric Cooperative.
/
_ Local development permits needed to be approved for the devel-
opment of the land include:
a. Monroe County building permits, and
b. all other permits required by the Monroe County land
development regulations.
The proposed development is consistent with Monroe County's
Comprehensive Plan and Land Development Regulations. Specifical-
ly, this Agreement will not have an adverse impact on the pro-
posed residential dwelling unit allocation ordinance.
Page 2
, . The following conditions have been determined by the local
government to be necessary for the public health, safety, and
welfare of its citizens:
the developers have previously agreed to reduce the commu-
nity impacts of the development from a one hundred and twen-
ty-eight (128) unit multi -family development with an associat-
ed three hundred (300) seat restaurant, plus commercial facil-
ities, to the present seventy-four (74) unit single-family
development;
the visual impact of the development has also been re-
duced from four (4) story condominium buildings and a one
hundred and thirty-seven (137) foot high lighthouse to low
rise single-family homes situated among palms and lagoons;
the low rise nature of the single-family homes on the
land as well as the abundant open spaces facilitate fire
protection and require no special fire department equipment,
1. there are no tropical hammock communities present on the
land, and all environmentally sensitive areas on the land
have been, and will be, retained in their natural state;
Page 3
e . boa — 'ice—� _ n pro i Lis
(W develop �wh off s re is ;
there are no threatened or endangered species on the land;
the developers have enhanced the natural habitat areas on
the land through the introduction of lagoons, shoreline stabi-
lization, and vegetation improvements;
X, the developers have installed all new xeriscaped vegeta-
tion on the land, in addition to extensive landscaping
offsite along adjacent Route 1, all at developer's expense;
the developers have installed off -site improvements to
///the entrance road and turning lanes leading to the develop-
ment;
the developers have installed extensive recreational
areas and amenities necessary for the residents of the devel-
opment all on -site, and
k/. the developers have installed, at their expense, an exten-
sive community center on the land and made it available for
public use.
Page 4
9. Beginning with the effective date of this agreement, the
following development rights are hereby approved at the following
rate:
r.
a. For the year 1992, developer or its successors and
assigns shall be entitled to one (1) building permit per
quarter (three months) for a total of four (4) building
permits for the year 1992.
b. Beginning on the 1st day of January, 1993, for
period of seven and three-quarters (7.75) years, developer or
its successors and assigns shall be entitled to one (1)
building permit per quarter ( three months) for a total of four
(4) building permits per year. At the end of the seven and
three-quarters (7.75) year period, until the termination of
the ten (10) year term of this agreement, developer or' its
successors or assigns shall be entitled to use the remainder
of building permits accumulated hereunder at any time.
C. Development rights granted hereunder are cumulative
and any building permits not used for a given time period may
be used in a subsequent time period for the duration of this
agreement (ten years). At the end of the ten (10) year
period, this agreement shall terminate and the developer or
its successors or assigns shall be entitled to permits as the
law allows.
1t. At the time of building permit application, the applicant
shall comply with all regulations then in effect including, with-
out limitation, all building codes and impact fee regulations;
however, no such regulations shall be construed to alter the rate
of development indicated above..
11. Monroe County shall set aside the number of allocated build-
ing permits from any residential dwelling unit allocation then in
effect. Any unused building permits shall accumulate until this
Agreement terminates.
�'.
The number of building permits specified in paragraph 9
above shall be reduced by the number of building permits issued
after execution, but prior to the date Monroe County's Comprehen-
sive Plan is determined to be in compliance.
#. The plat attached as Exhibit �iBN represents the previously
approved plat of subdivision for the subject land. The undevel-
,oped lots that are entitled to a building permit pursuant to this
agreement are identified on the plat by the letter "P."
This Agreement shall not be construed as creating vested
rights, nor shall it be construed to abrogate any rights that may
vest pursuant to common law.
Page 6
li. The failure of this Agreement to address a particular per-
mit, condition, term, or restriction shall not relieve the devel-
oper of the necessity of complying with the state or federal law
r.
or Monroe County ordinances governing said permitting] require-
ments, conditions, term, or restriction.
it. This Agreement is ZYXg on all parties, their successors
and assigns. -a_'n
BY:
SHARK KEY DEVELOPMENT CORPORATION
BY:
MONROE COUNTY, FLORIDA
BY:
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
Page 7
SHARK KEY DEVELOPMENT
Legal Description of Shark Key Property
Lots 1, 2, 3, 4, 5 and 6 of Block 2; Lots 1, 2, 3, 4, 7,
8, 9, 10, 11 and 15 of Block 3; Lots 1, 2, 4, 6, 10, 11,
1-•12, 13, 19, 20, 21, 22, 26, 27, 28 of Block 4; and Lots
5, 9, 10 and 16 of Block 5 of the SHARK KEY SUBDIVISION
as recorded in the Amended and Revised Plat of Shark Key,
Plat Book 7, Page 49, as recorded in the Public Records
of Monroe County, Florida.
TOTAL:
Block
2:
6
Block
3:
10
Block
4:
15
Block
5:
4
Total Lots: 35
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