Item B7 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 13, 2012 Division: Growth Management
Bulk Item: Yes No X Staff Contact Person/Phone#: Christine Hurley x2517
Mavte Santamaria x2500
AGENDA ITEM WORDING: Consideration of a resolution to transmit to the State Land Planning
Agency an ordinance by the Monroe County Board of County Commissioners amending the
Comprehensive Plan Future Land Use Map from Industrial to Mixed Use/Commercial for three (3)
parcels having real estate numbers 00123760-000200, 00123720-000100 and 00123720-000200,
located at 7009 Shrimp Road on Stock Island.
ITEM BACKGROUND: Longstock II, LLC, submitted an application requesting to amend the Future
Land Use Map for three (3) parcels (00123760-000200, 00123720-000100 and 00123720-000200) on
Stock Island from Industrial to Mixed Use/Commercial.
Longstock II, LLC, is developing a project concept for property designated Maritime Industries (MI)
zoning and has requested this amendment upon determining that the zoning district of MI was not
consistent with the Future Land Use Map (FLUM) Category of Industrial. The Future Land Use Map
Designation of Industrial does not provide for transient development (no adopted transient density
standards). The MI Zoning category does allow transient units, which is inconsistent with the
Comprehensive Plan. As a result of the Comprehensive Plan being the controlling document, the
transient density for MI is considered zero(0).
As a result of the inconsistency between the FLUM category and its corresponding zoning district,
(, Longstock-II, LLC, has submitted two comprehensive plan amendment applications. Longstock II,
�I LLC,has requested to amend Policies 101.4.5 and 101.4.21 to revise the Mixed Use/Commercial(MC)
Future Land Use Map Category description and assign the Maritime Industries Zoning District to the
MC category (separate application). Additionally, Longstock II, LLC, has requested to amend the
Comprehensive Plan Future Land Use Map for three (3)parcels (00123760-000200, 00123720-000100
and 00123720-000200) on Stock Island from Industrial to MC.
PREVIOUS RELEVANT BOCC ACTION:N/A
CONTRACT/AGREEMENT CHANGES:N/A
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 x OMB/Purchasing_ Risk Management
DOCUMENTATION: Included X Not Required
C DISPOSITION: AGENDA ITEM#
MONROE COUNTY,FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
RESOLUTION NO. -2012
A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS TRANSMITTING TO THE STATE LAND
PLANNING AGENCY AN ORDINANCE BY THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS AMENDING THE FUTURE
LAND USE MAP (FLUM) DESIGNATION FROM INDUSTRIAL (I) TO
MIXED USE COMMERCIAL (MC) FOR THREE PARCELS OF LAND
ON STOCK ISLAND, HAVING REAL ESTATE NUMBERS 00123760-
000200, 00123720-000100 AND 00123720-000200; LOCATED AT 7009
SHRIMP ROAD, SOUTH STOCK ISLAND.
WHEREAS, the Monroe County Development Review Committee considered the
proposed amendment at a regularly scheduled meeting held on the 17th day of October, 2011; and
WHEREAS,at a regularly scheduled meeting held on the V'day of December, 2011, the
Monroe County Planning Commission held a public hearing for the purpose of considering the
transmittal to the State Land Planning Agency, for review and comment, a proposed amendment
to the Monroe County Year 2010 Comprehensive Plan; and
WHEREAS, the Monroe County Planning Commission made the following findings of
fact and conclusions of law:
1. Longstock II, LLC, requested a Future Land Use Map amendment from Industrial to
Mixed Use/Commercial (MC) for three (3) parcels (00123760-000200, 00123720-000100
and 00123720-000200) on Stock Island.
2. Working waterfront uses are considered mainly as industrial uses and the requested
amendment may impact working waterfront uses, commercial fishing uses and public access.
3. The County has not adopted Comprehensive Plan amendments to further protect and
preserve working waterfront uses and the proposed amendment by Longstock II, LLC may
impact working waterfronts and any such amendments should not be considered on a
piecemeal basis.
P. 1 of 2
( WHEREAS, the Monroe County Board of County Commissioners conducted a public
hearing for the purpose of considering the transmittal to the State Land Planning Agency a
proposed amendment to the Monroe County 2010 Comprehensive Plan as described above; and
WHEREAS, the Monroe County Board of County Commissioners supports transmitting
the requested map amendment; and
NOW THERFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,FLORIDA:
Section 1: The Board of County Commissioners considered the recommendation of the
Planning Commission and after the public hearing decided to transmit the draft
ordinance.
Section 2: The Board of County Commissioners does hereby transmit the proposed
amendment as part of a set of comprehensive plan amendments for 2012 to the
State Land Planning Agency for review and comment in accordance with the
State Coordinated Review process pursuant to Section 163.3184(4), Florida
Statutes.
Section 3. The Monroe County staff is given authority to prepare and submit the required
transmittal letter and supporting documents for the proposed amendment.
Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this
resolution to the Director of Planning.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a special meeting held on the day of February, 2012.
Mayor David Rice
Mayor pro tern Kim Wigington
Commissioner Sylvia Murphy
Commissioner George Neugent
Commissioner Heather Carruthers
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY,FLORIDA
BY
Mayor David Rice
(SEAL)
MOyycqz,E W UNTY ArrOFNEY
A11EST: DANNY L.KOLHAGE, CLERK , PFw�cvEo nS ro r FM
ther Dare;
DEPUTY CLERK
P.2 of 2
ORDINANCE NO. -2012
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING THE FUTURE LAND USE MAP (FLUM)
DESIGNATION FROM INDUSTRIAL (I) TO MIXED USE COMMERCIAL (MC)
FOR THREE PARCELS OF LAND ON STOCK ISLAND, HAVING REAL
ESTATE NUMBERS 00123760-000200, 00123720-000100 AND 00123720-000200;
LOCATED AT 7009 SHRIMP ROAD, SOUTH STOCK ISLAND; PROVIDING
FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF INCONSISTENT
PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND
PLANNING AGENCY; PROVIDING FOR THE FILING WITH THE
SECRETARY OF STATE AND FOR AN EFFECTIVE DATE; AND PROVIDING
FOR THE INCLUSION IN THE MONROE COUNTY 2010 COMPREHENSIVE
PLAN.
WHEREAS, Longstock II, LLC, submitted an application to amend Policies 101.4.5 and
101.4.21 to amend the Mixed Use/Commercial (MC)Future Land Use Map Category description
and assign the Maritime Industries(MI)Zoning District to the MUC category; and
WHEREAS, for consistency purposes, Monroe County is also requesting to amend
Policy 101.4.21 to amend the maximum net density range and the maximum intensity range for
the Mixed Use/Commercial (MC) Future Land Use Map Category and to clarify the footnotes
within the table; and
WHEREAS, Policy 101.4.7 of the Monroe County Comprehensive Plan establishes the
Industrial land use category which provides for the development of industrial, manufacturing,
and warehouse and distribution uses. The Industrial land use category also allows other
commercial, public, residential, and commercial fishing-related uses. The Industrial land use
category does not provide for transient uses.
WHEREAS, the Maritime Industries (MI) zoning category is one of the corresponding
zoning category of the Industrial future land use map (FLUM)designation category.
WHEREAS, the Monroe County Development Review Committee considered the
proposed amendment at a regularly scheduled meeting held on the 17th day of October, 2011;
and
kliar
klor WHEREAS, at a regularly scheduled meeting held on the 1st day of December, 2011,the
Monroe County Planning Commission held a public hearing for the purpose of considering the
transmittal to the State Land Planning Agency, for review and comment, a proposed amendment
to the Monroe County Year 2010 Comprehensive Plan; and
WHEREAS, the Monroe County Planning Commission made the following findings of
fact and conclusions of law:
1. Longstock II, LLC, requested a Future Land Use Map amendment from Industrial to
Mixed Use/Commercial (MC) for three (3) parcels (00123760-000200, 00123720-000100
and 00123720-000200)on Stock Island.
2. Working waterfront uses are considered mainly as industrial uses and the requested
amendment may impact working waterfront uses, commercial fishing uses and public access.
3. The County has not adopted Comprehensive Plan amendments to further protect and
preserve working waterfront uses and the proposed amendment by Longstock II, LLC may
impact working waterfronts and any such amendments should not be considered on a
piecemeal basis.
WHEREAS, the Monroe County Planning Commission passed Resolution 46-11 not
recommending transmittal of the proposed amendment; and
(111r WHEREAS, at a special meeting held on 13th day of February, 2012,the Monroe County
Board of County Commissioners held a public hearing to consider the transmittal of the proposed
amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The Future Land Use Map (FLUM) for the Year 2010 Comprehensive Plan is
hereby amended by changing the FLUM designation from Industrial (I) to Mixed
Use Commercial (MC) for three parcels of land on Stock Island, having Real
Estate Numbers 00123760-000200, 00123720-000100 and 00123720-000200;
located at 7009 Shrimp Road, South Stock Island, is shown on Exhibit 1; attached
hereto and incorporated herein.
Section 2. Severability. If any section, subsection, sentence, clause, item, change, or
provision of this ordinance is held invalid, the remainder of this ordinance shall
not be affected by such validity.
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.
illw
L Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to
the State Land Planning Agency pursuant to Chapter 163 and 380, Florida
Statutes.
Section 5. Filing and Effective Date. 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 State Land Planning Agency or Administration Commission finding
the amendment in compliance with Chapter 163, Florida Statutes and after any
applicable appeal periods have expired.
Section 6. Inclusion in the Comprehensive Plan. The numbering of the foregoing
amendment may be renumbered to conform to the numbering in the Monroe
County Year 2010 Comprehensive Plan and shall be incorporated in the Monroe
County Year 2010 Comprehensive Plan.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the day of 2012.
Mayor David Rice
Mayor pro tern Kim Wigington
Commissioner Sylvia Murphy
Commissioner George Neugent
%S. Commissioner Heather Carruthers
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor David Rice
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
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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,Director of Growth Management
11 Townley Schawb, Senior Director of Planning&Environmental Resources
12
13 From: Mayte Santamaria, Assistant Director of Planning&Environmental Resources
14
15 Date: February 1,2012
16
17 Subject: Request by Longstock II,LLC, to amend the Comprehensive Plan Future Land Use
18 Map for three (3) parcels (00123760-000200, 00123720-000100 and 00123720-
19 000200) on Stock Island.
20
21 Meeting: February 13,2012
22
23 I. REQUEST
is;
Longstock II, LLC, is requesting to amend the Comprehensive Plan Future Land Use Map for three
26 (3) parcels (00123760-000200, 00123720-000100 and 00123720-000200) on Stock Island from
27 Industrial to Mixed Use/Commercial.
28
29 H. BACKGROUND INFORMATION
30
31 Amendment Application Background:
32
33 Longstock II, LLC, submitted an application for a comprehensive plan text amendment in August
34 2011. The Monroe County Development Review Committee considered the proposed amendment at
35 a regularly scheduled meeting held on October 17, 2011. At a regularly scheduled meeting held on
36 December 1, 2011, the Monroe County Planning Commission (PC) held a public hearing
37 considering the transmittal of the proposed amendment to the State Land Planning Agency. The PC
38 recommended that the BOCC not transmit the proposed amendment because the County has not
39 adopted amendments to preserve and enhance working waterfront uses. The PC had concerns that
40 the proposed amendment by Longstock II, LLC may impact working waterfronts.
41
42 Amendment Summary:
43
44 Longstock II, LLC, is developing a project concept for property designated Maritime Industries (MI)
45 zoning and has requested this amendment upon determining that the zoning district of MI was not
45 consistent with the Future Land Use Map (FLUM) Category of Industrial (see policies below). The
Future Land Use Map Designation of Industrial does not provide for transient development (no
48 adopted transient density standards). The MI Zoning category does allow transient units, which is
1 inconsistent with the Comprehensive Plan. As a result of the Comprehensive Plan being the
controlling document,the transient density for MI is considered zero (0).
Future Land Use Category Allocated Density Maximum Net Density Maximum Intensity
And Corresponding Zoning (per acre) (per buildable acre) (floor area ratio)
Industrial(I) 1 du 2 du 0.25-0.60
(I and MI zoning) 0 rooms/spaces N/A
Maritime Industries(MI) 1 du 2 du 0.30-0.60
Zoning District 10 rooms/spaces 15 rooms/spaces
4
5 Current Comprehensive Plan FLUM Policies:
6
7 Policy 101.4.7
8 The principal purpose of the Industrial land use category is to provide for the development of industrial,
9 manufacturing, and warehouse and distribution uses. Other commercial, public, residential, and
10 commercial fishing-related uses are also allowed.
11
12 Policy 101.5.4
13 The principal purpose of the Mixed Use/Commercial land use category is to provide for the
14 establishment of commercial zoning districts where various types of commercial retail and office may be
15 permitted at intensities which are consistent with the community character and the natural environment.
Employee housing and commercial apartments are also permitted.
18 This land use category is also intended to allow for the establishment of mixed use development patterns,
19 where appropriate. Various types of residential and non-residential uses may be permitted; however,
20 heavy industrial uses and similarly incompatible uses shall be prohibited.
21
22 In order to protect environmentally sensitive lands, the following development controls shall apply to all
23 hammocks,pinelands,and disturbed wetlands within this land use category:
24
25 1.only low intensity commercial uses shall be allowed;
26 2. a maximum floor area ratio of 0.10 shall apply; and
27 3.maximum net residential density shall be zero.
28
Allowed Uses Based Upon FLUM Designations
Industrial FLUM Mixed Use Commercial FLUM
Industrial Commercial retail
Manufacturing Office
Warehouse Employee housing
Distribution uses Commercial apartments
Commercial
Public Various types of residential and non-
Residential residential uses
Commercial-fishing related uses
30
1 As a result of the inconsistency between the FLUM category and its corresponding zoning district,
Longstock II, LLC, has submitted two comprehensive plan amendment applications. Longstock II,
LLC, has requested to amend Policies 101.4.5 and 101.4.21 to revise the Mixed Use/Commercial
4 (MC) Future Land Use Map Category description and assign the Maritime Industries Zoning District
5 to the MC category(separate application). Additionally, Longstock II, LLC, has requested to amend
6 the Comprehensive Plan Future Land Use Map for three (3) parcels (00123760-000200, 00123720-
7 000100 and 00123720-000200) on Stock Island from Industrial to MC.
8
9 III. PROPOSED AMENDMENTS
10
11 Request to amend the FLUM designation from Industrial to Mixed Use/Commercial (MC) for the
12 property identified in yellow below. Exhibit 1 provides the proposed FLUM amendment.
13
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16 The FLUM amendment will affect three (3) parcels (00123760-000200, 00123720-000100 and
17 00123720-000200) on Stock Island, totaling 12.25 upland acres. The legal description, submitted by
18 Longstock II, LLC, is provided in Exhibit 2.
19
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1
2 IV.ANALYSIS OF PROPOSED DENSITIES & INTENSITIES; COMPATABILITY; AND
Mier CONCURRENCY ANALYSIS
4
5 Compatibility:
6
7 Map 8 (Exhibit 3) of the Monroe County Comprehensive Plan Future Land Use Map Series
8 identifies the approximate location of the proposed FLUM amendment(pink circle):
9
10 '1/4.-' _
11
13 —Nitrt I/IS Stock
14 ,� '„" Island
15 4. i
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30
31
32 As can be noted in the map above, many of the properties neighboring the three parcels (00123760-
33 000200, 00123720-000100 and 00123720-000200 which are the subject of the requested FLUM
34 amendment) are currently designated as Mixed Use/Commercial. The surrounding area includes a
35 mix of uses, including: commercial, office, industrial, service (such as engine repair), storage &
36 warehouse, residential housing, public utility facilities and commercial fishing uses. Additionally,
37 the three parcels which are the subject of the requested FLUM amendment are designated as Tier III,
38 classified as developed land, and are not designated as habitat for any protected species. With the
39 diverse set of uses located on the three parcels (00123760-000200, 00123720-000100 and
40 00123720-000200) and the neighboring properties, the proposed amendment is considered
41 compatible with the existing uses, the character of the undeveloped & developed properties, and the
42 surrounding natural resources.
43
1 Maximum Allocated Density and Intensity by Future Land Use Map Designation:
Development potential
Existing FLUM Type Adopted Standards based upon allocated
density
Residential 1 du 12 units
Allocated Density/Acre*
Industrial Transient
FLUM Allocated Density/Acre
(7.96 acres removed 0 rooms/spaces 0 rooms/spaces
Total site: 12.25 35%of upland area**)
acres
Nonresidential 0.25-0.60 FAR 133,402 sf-320,166 sf
Maximum Intensity
Development potential
Proposed FLUM Type Adopted Standards based upon allocated
density
Residential 1-6 du 12- 73 units
Allocated Density/Acre*
Mixed Use/ Transient
Commercial Allocated Density/Acre 5-15 rooms/spaces 39-119 rooms/spaces
FLUM (7.96 acres—removed
35%of upland area**)
Total site: 12.25 Nonresidential 0.10-0.45 53,361 sf-240,124 sf
acres Maximum Intensity
PROPOSED Intensity Standard*** 0.30-0.60 FAR 160,083 sf—320,166 sf
Net Change in Residential*: +61 du
Development Transient: +119 rooms/spaces
Potential Nonresidential: (-80,042) square feet
Proposed Intensity Standard: no change
3
4 Note: The above table provides an approximation of the development potential for residential, transient and
5 commercial development. Please note, Section 130-156 of the Land Development Code states: "The density
6 and intensity provisions set out in this section are intended to be applied cumulatively so that no development
7 shall exceed the total density limits of this article. For example, if a development includes both residential
8 and commercial development, the total gross amount of development shall not exceed the cumulated
9 permitted intensity of the parcel proposed for development."
10
11 *Note: The companion Longstock text amendment to revise the Mixed Use/Commercial (MC) FLUM
12 Category description and assign the Maritime Industries Zoning District to the MC category limits residential
13 development to commercial apartments(see separate application).
14 **Note: The companion Longstock text amendment to revise the Mixed Use/Commercial (MC) FLUM
15 Category description and assign the Maritime Industries Zoning District to the MC category also includes a
16 proposed revision to require 35% of the upland area to be preserved for working waterfront and water
17 dependent uses but excluding transient uses (see separate application).
3g ***Note: The companion Longstock text amendment to revise the Mixed Use/Commercial (MC) FLUM
Category description and assign the Maritime Industries Zoning District to the MC category includes a
proposed revision to the intensity standards for MC—only to be applied to MI(see separate application).
1 Concurrency Analysis:
2
1160, TRAFFIC CIRCULATION—According to the 2011 US.1 Arterial Travel Time and Delay Study, at
4 the present time, US 1 is operating overall at a LOS of"C." In the Lower Keys Area, the Stock
5 Island segment (Segment 1 —MM 4.0-5.0) is operating at a LOS of"B" and the segments from Boca
6 Chica (MM5.0-9.0) north to Big Pine Key (MM 29.5-33.0) are operating at a LOS of"C" or better.
7 No significant impacts to US 1 are anticipated as a result of this FLUM amendment. This is because
8 the max development potential increase is 61 residential units (from 12 to 73 units); 119 transient
9 units and a development potential decrease of(-80,042) square feet on nonresidential square footage
10 (or no change to the nonresidential square footage if new FAR is approved). Note, density and
11 intensity are applied cumulative and proposed developments cannot exceed the maximum allowable
12 development potential (e.g. fractions that equal 100% of the development potential, for example:
13 100% commercial or 50% commercial and 20% transient and 30% residential — or other ratios that
14 total 100%).
15
16 POTABLE WATER - FKAA's Water Treatment Facility in Florida City, has a maximum water
17 treatment design capacity of 29.8 million gallons per day (MGD) and is capable of treating up to
18 23.8 MGD. There are also two saltwater Reserve Osmosis (RO) plants, located on Stock Island and
19 Marathon, which are able to produce potable water under emergency conditions. The RO
20 desalination plants have design capacities of 2.0 and 1.0 MGD of water, respectively. The annual
21 average daily demand is 16.21 MGD and projections indicate a slight increase to an annual average
22 daily demand to 16.54 MGD.
23
41.° Comprehensive Max Potential
FLUM Plan Potable Water Residential Persons/ Total Total LOS Net
Policy 701.1.1 Development household persons Demand Change
(dwelling units)
Residential LOS
INDUSTRIAL 66.50/gal/cap/day 12 2.24 26.88 1,787
(149 gal/du/day)
+9,085
MIXED USE/ Residential LOS
COMMERCIAL 66.50/gal/cap/day 73 2.24 163.5 10,872
(149 gal/du/day)
24
Max Potential
Comprehensive Intensity LOS Standard Total LOS
FLUM Plan Potable Water Floor Area 0.35 Demand Net Change
Policy 701.1.1 Ratio(FAR) gal/sq.ft./day
Square Feet
INDUSTRIAL Nonresidential LOS 320,166 sf 0.35 112,058.
(0.60 FAR) 0.35 gal/sq.ft./day
MIXED USE/ Nonresidential -28,015
COMMERCIAL LOS 240,124 sf 0.35 84,043
(0.45 FAR) 0.35 gal/sq.ft./day
1 The FKAA system has available capacity to accommodate the proposed FLUM amendment. The
applicant also has submitted a preliminary coordination letter from FKAA.
3
4 SOLID WASTE- Monroe County has a contract with Waste Management, authorizing the use of in-
5 state facilities through September 30, 2016; thereby, providing the County with approximately five
6 (5) years of guaranteed capacity. Currently, there is adequate capacity for solid waste generation.
7
Comprehensive Max Potential
FLUM Plan Solid Waste Residential Persons/ Total Total LOS Net
Policy 801.1.1 Development household persons Demand Change
(dwelling units)
INDUSTRIAL Residential LOS 12 2.24 26.88 146
5.441bs/capita/day
+743
MIXED USE/ Residential LOS 73 2.24 163.5 889
COMMERCIAL 5.441bs/capita/day
8
9 SANITARY SEWER — The property will be served by the Key West Resort Utilities Wastewater
10 Treatment Plant. The applicant has a Utility Agreement (Exhibit 4) with Key West Resort Utilities
11 Corporation which includes a reservation fee to reserve plant capacity for the property.
12
4; Other Analysis — Military Compatibility: Monroe County is processing amendments to the
Comprehensive Plan to adopt military compatibility criteria. Additionally, the Monroe County Land
15 Development Regulations include an "Air Installation Compatible Use Zones Overlay." These
16 items, in regards to the proposed FLUM amendment, are discussed in Exhibit 5.
17
18 Other Analysis — Working Waterfronts: Section 163.3177(6)(a)3.c., F.S., requires the Future Land
19 Use Element to include criteria to encourage the preservation of recreational and commercial
20 working waterfronts for water-dependent uses in coastal communities.
21
22 Additionally, Section 163.3178(2)(g), F.S., requires local governments to adopt, in the Coastal
23 Management Element, a shoreline use component that identifies public access to beach and shoreline
24 areas and addresses the need for water-dependent and water-related facilities, including marinas,
25 along shoreline areas. The component must also include the strategies that will be used to preserve
26 recreational and commercial working waterfronts as defined in Section 342.07, F.S.
27
28 Pursuant to Section 342.07, F.S., the definition of the term "recreational and commercial working
29 waterfront means a parcel or parcels of real property that provide access for water-dependent
30 commercial activities, including hotels and motels as defined in s. 509.242(1), or provide access for
31 the public to the navigable waters of the state. Recreational and commercial working waterfronts
32 require direct access to or a location on, over, or adjacent to a navigable body of water. The term
33 includes water-dependent facilities that are open to the public and offer public access by vessels to
34 the waters of the state or that are support facilities for recreational, commercial, research, or
c governmental vessels. These facilities include public lodging establishments, docks, wharfs, lifts,
wet and dry marinas, boat ramps, boat hauling and repair facilities, commercial fishing facilities,
37 boat construction facilities, and other support structures over the water. As used in this [statute]
1 section, the term "vessel"has the same meaning as in s. 327.02(39). Seaports are excluded from the
` 2 definition."
4 Monroe County is in the process of completing an Evaluation and Appraisal Report (EAR) of its
5 2010 Comprehensive Plan which will include implementation strategies that may necessitate
6 amendments to the current comprehensive plan objectives and policies; amendments to comply with
7 changes to State Statute and Rule; or require other County action as they relate to the locally defined
8 Major Issues. Through the EAR, Monroe County will review and develop strategies for addressing
9 working waterfronts.
10
11 V. CONSISTENCY WITH THE MONROE COUNTY YEAR 2010 COMPREHENSIVE
12 PLAN, THE FLORIDA STATUTES, AND PRINCIPLES FOR GUIDING
13 DEVELOPMENT
14
15 A. The proposed amendment is consistent with the following Goals, Objectives and Policies of
16 the Monroe County Year 2010 Comprehensive Plan. Specifically,the amendment furthers:
17
18 Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure
19 the safety of County residents and visitors, and protect valuable natural resources.
20
21 Objective 101.4: Monroe County shall regulate future development and redevelopment to
22 maintain the character of the community and protect the natural resources by providing for
23 the compatible distribution of land uses consistent with the designations shown on the Future
, '4 Land Use Map.
26 Policy 101.7.2: By January 4, 1998, Monroe County shall complete a community plan for
27 Stock Island which shall address redevelopment needs identified by the needs assessment of
28 potential redevelopment areas. Preparation and funding of this plan shall be coordinated with
29 the City of Key West.
30
31 Policy 101.20.2: The Community Master Plans shall be incorporated into the 2010
32 Comprehensive Plan as a part of the plan and be implemented as part of the Comprehensive
33 Plan. The following Community Master Plans have been completed in accordance with the
34 principles outlined in this section and adopted by the Board of County Commissioners:
35 3. The Stock Island/Key Haven Livable CommuniKeys Plan Volume I is incorporated by
36 reference into the 2010 Comprehensive Plan. The term Strategies in this Master Plan is
37 equivalent to the term Objectives in the Comprehensive Plan and the term Action Item is
38 equivalent to the term Policy; the meanings and requirements for implementation are
39 synonymous.
40 4. Volume Two (2) of the Stock Island and Key Haven Livable CommuniKeys Master Plan
41 titled Harbor Preservation/Redevelopment and Corridor Enhancement Plan dated
42 November 2005 and incorporated by reference into the 2010 Comprehensive Plan. The
43 term Strategies in this Master Plan is equivalent to the term Objectives in the
44 Comprehensive Plan and the term Action Item is equivalent to the term Policy; the
45 meanings and requirements for implementation are synonymous.
46
Policy 105.1.1: Monroe County shall create an economic development framework for a
8 sustainable visitor-based economy, not dependent on growth in the absolute numbers of
1 tourists, that respects the unique character and outdoor recreational opportunities available
2 in the Florida Keys.
fa bOr4 Policy 105.1.2: Monroe County shall prepare design guidelines to ensure that future uses and
5 development are compatible with scenic preservation and maintenance of the character of
6 the casual island village atmosphere of the Florida Keys.
7
8 Policy 502.1.1: Monroe County shall permit only port and port related land uses within the
9 Safe Harbor/Peninsular port area of Stock Island. Within twelve months of the effective
10 date of the Comprehensive Plan, Monroe County shall adopt Land Development
11 Regulations and amend the Land Use District Maps to only permit those land uses
12 including but not limited to commercial and industrial port dependent uses, industry,
13 commercial fishing,marinas, and employee housing.
14
15 Policy 502.1.2: Monroe County shall permit land uses supportive, complementary or
16 otherwise port related nearby and adjacent to the Safe Harbor/Peninsular port area of Stock
17 Island. Within twelve months of the effective date of the Comprehensive Plan, Monroe
18 County shall adopt Land Development Regulations and amend the Land Use District Maps
19 to only permit those uses, including but not limited to warehousing, industry, affordable
20 housing, marine businesses, and restaurants.
21
22 Stock Island/Key Haven Livable CommuniKeys Plan Volume I:
23
24 Action Item 2.1.1: Initiate and complete a land use classification reevaluation plan for Stock
Island.
27 Action Item 2.3.1: Continue to recognize land use districts and FLUM categories as the
28 regulatory tool used for evaluating individual proposals for compliance with land
29 development standards such as type of use and intensity of use.
30
31 Stock Island/Key Haven Livable CommuniKeys Plan Volume H:
32
33 Action Item: Promote a diverse mix of land uses to support increased activity in the harbor
34 area, while remaining compatible with its working waterfront character and function.
35
36 B. The amendment is consistent with the Principles for Guiding Development for the Florida
37 Keys Area,Section 380.0552(7), Florida Statute.
38
39 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan
40 with the principles for guiding development and any amendments to the principles, the principles
41 shall be construed as a whole and no specific provision shall be construed or applied in isolation
42 from the other provisions.
43
44 (a) Strengthening local government capabilities for managing land use and development so that
45 local government is able to achieve these objectives without continuing the area of critical
46 state concern designation.
(b) Protecting shoreline and marine resources, including mangroves, coral reef formations,
seagrass beds,wetlands, fish and wildlife, and their habitat.
1 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native
tropical vegetation (for example, hardwood hammocks and pinelands), dime ridges and
�! beaches, wildlife, and their habitat.
4 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound
5 economic development.
6 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida
7 Keys.
8 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural
9 environment, and ensuring that development is compatible with the unique historic character
10 of the Florida Keys.
11 (g) Protecting the historical heritage of the Florida Keys.
12 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and
13 proposed major public investments, including:
14
15 1. The Florida Keys Aqueduct and water supply facilities;
16 2. Sewage collection,treatment, and disposal facilities;
17 3. Solid waste treatment, collection, and disposal facilities;
18 4. Key West Naval Air Station and other military facilities;
19 5. Transportation facilities;
20 6. Federal parks,wildlife refuges, and marine sanctuaries;
21 7. State parks, recreation facilities, aquatic preserves, and other publicly owned
22 properties;
23 8. City electric service and the Florida Keys Electric Co-op;and
'4 9. Other utilities, as appropriate.
26 (i) Protecting and improving water quality by providing for the construction, operation,
27 maintenance, and replacement of stormwater management facilities; central sewage
28 collection; treatment and disposal facilities; and the installation and proper operation and
29 maintenance of onsite sewage treatment and disposal systems.
30 (j) Ensuring the improvement of nearshore water quality by requiring the construction and
31 operation of wastewater management facilities that meet the requirements of ss.
32 381.0065(4)(1) and 403.086(10), as applicable, and by directing growth to areas served by •
33 central wastewater treatment facilities through permit allocation systems.
34 (k) Limiting the adverse impacts of public investments on the environmental resources of the
35 Florida Keys.
36 (1) Making available adequate affordable housing for all sectors of the population of the Florida
37 Keys.
38 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of
39 a natural or manmade disaster and for a postdisaster reconstruction plan.
40 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and
41 maintaining the Florida Keys as a unique Florida resource.
42
43 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is consistent with the
44 Principles for Guiding Development as a whole and is not inconsistent with any Principle.
45
1
2 C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute
4 3 (F.S.). Specifically,the amendment furthers:
46/4
5 163.3161(4), F.S.—It is the intent of this act that local governments have the ability to preserve
6 and enhance present advantages; encourage the most appropriate use of land, water, and
7 resources, consistent with the public interest; overcome present handicaps; and deal
8 effectively with future problems that may result from the use and development of land within
9 their jurisdictions. Through the process of comprehensive planning, it is intended that units
10 of local government can preserve, promote, protect, and improve the public health, safety,
11 comfort, good order, appearance, convenience, law enforcement and fire prevention, and
12 general welfare; facilitate the adequate and efficient provision of transportation, water,
13 sewerage, schools, parks, recreational facilities, housing, and other requirements and
14 services; and conserve, develop, utilize, and protect natural resources within their
15 jurisdictions
16
17 163.3161(6), F.S. - It is the intent of this act that adopted comprehensive plans shall have the
18 legal status set out in this act and that no public or private development shall be permitted
19 except in conformity with comprehensive plans, or elements or portions thereof, prepared
20 and adopted in conformity with this act.
21
22 163.3177(1), F.S. - The comprehensive plan shall provide the principles, guidelines, standards,
23 and strategies for the orderly and balanced future economic, social, physical, environmental,
24 and fiscal development of the area that reflects community commitments to implement the
1 'c plan and its elements. These principles and strategies shall guide future decisions in a
consistent manner and shall contain programs and activities to ensure comprehensive plans
27 are implemented. The sections of the comprehensive plan containing the principles and
28 strategies, generally provided as goals, objectives, and policies, shall describe how the local
29 government's programs, activities, and land development regulations will be initiated,
30 modified, or continued to implement the comprehensive plan in a consistent manner. It is not
31 the intent of this part to require the inclusion of implementing regulations in the
32 comprehensive plan but rather to require identification of those programs, activities, and land
33 development regulations that will be part of the strategy for implementing the comprehensive
34 plan and the principles that describe how the programs, activities, and land development
35 regulations will be carried out. The plan shall establish meaningful and predictable standards
36 for the use and development of land and provide meaningful guidelines for the content of
37 more detailed land development and use regulations.
38
39 163.3194(1)(b) F.S. — All land development regulations enacted or amended shall be
40 consistent with the adopted comprehensive plan, or element or portion thereof, and any land
41 development regulations existing at the time of adoption which are not consistent with the
42 adopted comprehensive plan, or element or portion thereof, shall be amended so as to be
43 consistent. If a local government allows an existing land development regulation which is
44 inconsistent with the most recently adopted comprehensive plan, or element or portion
45 thereof, to remain in effect, the local government shall adopt a schedule for bringing the land
46 development regulation into conformity with the provisions of the most recently adopted
comprehensive plan, or element or portion thereof. During the interim period when the
provisions of the most recently adopted comprehensive plan, or element or portion thereof,
1 and the land development regulations are inconsistent, the provisions of the most recently
(, 1 adopted comprehensive plan, or element or portion thereof, shall govern any action taken in
�'3 regard to an application for a development order.
4
5 163.3194(3)(a), F.S. —A development order or land development regulation shall be consistent
6 with the comprehensive plan if the land uses, densities or intensities, and other aspects of
7 development permitted by such order or regulation are compatible with and further the
8 objectives, policies, land uses, and densities or intensities in the comprehensive plan and if it
9 meets all other criteria enumerated by the local government.
10
11 163.3201, F.S. — It is the intent of this act that adopted comprehensive plans or elements
12 thereof shall be implemented, in part, by the adoption and enforcement of appropriate local
13 regulations on the development of lands and waters within an area. It is the intent of this act
14 that the adoption and enforcement by a governing body of regulations for the development of
15 land or the adoption and enforcement by a governing body of a land development code for an
16 area shall be based on, be related to, and be a means of implementation for an adopted
17 comprehensive plan as required by this act
18
19 VI. PROCESS
20
21 Comprehensive Plan Amendments may be proposed by the Board of County Commissioners, the
22 Planning Commission, the Director of Planning, or the owner or other person having a contractual
23 interest in property to be affected by a proposed amendment. The Director of Planning shall review
< '+ and process applications as they are received and pass them onto the Development Review
`r Committee and the Planning Commission.
26
27 The Planning Commission shall hold at least one public hearing. The Planning Commission shall
28 review the application, the reports and recommendations of the Department of Planning &
29 Environmental Resources and the Development Review Committee and the testimony given at the
30 public hearing. The Planning Commission shall submit its recommendations and findings to the
31 Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the
32 transmittal of the proposed comprehensive plan amendment, and considers the staff report, staff
33 recommendation, and the testimony given at the public hearing. The BOCC may or may not
34 recommend transmittal to the State Land Planning Agency. The amendment is transmitted to State
35 Land Planning Agency, which then reviews the proposal and issues an Objections,
36 Recommendations and Comments (ORC) Report. Upon receipt of the ORC report, the County has
37 180 days to adopt the amendments, adopt the amendments with changes or not adopt the amendment
38
39 VI. STAFF RECOMMENDATION
40
41 Staff reconmiends APPROVAL of the proposed Future Land Use Map amendment from Industrial
42 to Mixed Use/Commercial for three (3) parcels, having real estate numbers 00123760-000200,
43 00123720-000100 and 00123720-000200, on Stock Island; as long as the companion text
44 amendment to revise the Mixed Use Commercial FLUM that further refines the Maritime Industries
45 zoning category is also transmitted.
A
c
48
1
2 VII. EXHIBITS
4 1. Proposed FLUM amendment for 00123760-000200, 00123720-000100 and 00123720-000200
5 on Stock Island
6 2. Legal Description of 00123760-000200, 00123720-000100 and 00123720-000200 on Stock
7 Island
8 3. Map 8 of the Monroe County Comprehensive Plan Future Land Use Map Series
9 4. Key West Resort Utilities Corporation Utility Agreement
10 5. Review of Military Compatibility
11 6. Excerpt of the Stock Island/Key Haven Livable CommuniKeys Master Plan
12 7. Planning Commission Resolution 46-11
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Exhibit 2
Sick shoed
marina Village
KsyWast,FL
LEGAL DESCRIPTION
A PARCEL OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY, FLORIDA.
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF FIFTH STREET AND
THE SOUTH RIGHT-OF-WAY LINE OF FIFTH AVENUE,ALSO KNOWN AS THE NORTHWEST CORNER
OF BLOCK 57 OF McDONALDS PLAT OF A PART OF STOCK ISLAND AS RECORDED IN PLAT BOOK
1,PAGE 55 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA.
THENCE S84°02'07"E ALONG THE SAID SOUTH RIGHT-OF-WAY LINE OF FIFTH AVENUE A
DISTANCE OF 499.98 FEET;THENCE S05°57'53"W A DISTANCE OF 913.48 FEET TO THE POINT OF
BEGINNING FOR THE PROJECT AREA PARCEL.
THENCE 805'57'53"W A DISTANCE OF 671.18 FEET; THENCE SO4°01'50"W A DISTANCE OF 555.46
FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG THE ARC OF A CURVE TO
THE LEFT, HAVING A RADIUS OF 75 FEET, AN ARC LENGTH OF 115.28 FEET, A CENTRAL ANGLE
OF 88°03'54"AND A CHORD BEARING AND DISTANCE OF S40°00'08"E FOR 104.26 FEET; THENCE
S84°0207"E A DISTANCE OF 288.11 FEET; THENCE N0T52'54"E A DISTANCE OF 138.68 FEET TO
THE MEAN HIGH WATER LINE. THENCE ALONG SAID MEAN HIGH WATER LINE THE FOLLOWING
EIGHTEEN(18)COURSES,
1.N81°33'16"E A DISTANCE OF 23.73 FEET;2. N88°43'16"E A DISTANCE OF 75.93 FEET;
3.N81°39119"E A DISTANCE OF 76.27 FEET;4. N88°24'02"E A DISTANCE OF 97.85 FEET;
5.S86°26'25"E A DISTANCE OF 91.35 FEET;6.S88°07'58"E A DISTANCE OF 57.82 FEET;
7.N79°29'50"E A DISTANCE OF 38.47 FEET;8.N88°41'05"E A DISTANCE OF 60.16 FEET;
9.S64°26'301E A DISTANCE OF 6.15 FEET; 10. N89°59'29"E A DISTANCE OF 40.54 FEET;
11.N86°09'28"E A DISTANCE OF 82.77 FEET; 12.S75°44'52"E A DISTANCE OF 11.67 FEET
13.N80°37'17"E A DISTANCE OF 8.06 FEET; 14.S85°01'19"E A DISTANCE OF 21 A7 FEET;
15.N83°15'58"E A DISTANCE OF 26.59 FEET; 16. N85°4T1TE A DISTANCE OF 117.62 FEET;
17.S61°03'44"E A DISTANCE OF 14.78 FEET; 18. S84°56'08"E A DISTANCE OF 14.50 FEET;
THENCE N63°36'40"E A DISTANCE OF 192.53 FEET; THENCE N04°OT47"W A DISTANCE OF 519.99
FEET; THENCE N05947'25"W A DISTANCE OF 392.40 FEET; THENCE 1485'29'39"W A DISTANCE OF
519.58 FEET;THENCE N06101'181E A DISTANCE OF 20.01 FEET;THENCE N85°293P'W A DISTANCE
OF 125 FEET; THENCE N06°00'38"E A DISTANCE OF 227.17 FEET; THENCE N84°02'OTW A
DISTANCE OF 393.05 FEET; THENCE SO5°56'58"W A DISTANCE OF 183.64 FEET; THENCE
N84°02'07"W A DISTANCE OF 191.55 FEET;TO THE POINT OF BEGINNING.
DESCRIBED PARCEL CONTAINS 35.484 ACRES OF UPLANDS AND SUBMERGED LANDS MORE OR
LESS.THIS PROJECT AREA PARCEL HAS NOT BEEN SURVEYED.
Exhibit 4
UTILITY AGREEMENT
THIS UTILITY AGREEMENT (Agreement), dated as of the fD day of
CO l I 200V, by and between KW Resort Utilities Corp., a Florida corporation,
having its office(s) at 6450 College Road, Key West, Florida 33040, (Servicel Company), and
New 54-ock Cs lan,, having its office(s)at 70o et Sin r,1 p ,
(Fr? ea a c
s L L
Per) )< Was 330K
RECITALS
A. Developer is the owner of certain real property more particularly described on
Exhibit A,attached hereto and made a part hereof(the Property).
B. Service Company owns,operates,manages and controls a Central Sewage System
and is willing to provide sanitary sewer services pursuant to this Agreement.
1111/ C. Developer requests that Service Company provide central wastewater service to
the Property as indicated on the plans prepared by Weiler Engineering for The
South Stock Island sewer expansion,(Copy of plan sheet included as an exhibit).
NOW,THEREFORE,in consideration of Ten Dollars($10.00),and the mutual
covenants and agreements hereinafter set forth, and intending to be legally bound thereby, it is
agreed as follows:
1. Definitions
Business Day shall mean any day of the year in which commercial banks are not
required or authorized to close in New York,New York.
Capacity Reservation Fee as such term is defined in Section 6 hereof.
Central Sewage System shall mean the central collection,transmission,treatment
and disposal system and appurtenant facilities owned and operated by the Service
Company.
416/
Connection as such term is defined in Section 6 hereof.
Equivalent Residential Connections (ERC), shall be defined as one individual
residential connection or, for commercial and other uses,the estimated flow based
on the use and Chapter 64E-6, F.A.C., divided by the most recently approved
Capacity Analysis rate per residential connection (currently 250 gallons per day
per residential connection)also known as E.D.U.
Plans and Specifications as such term is defined in Section hereof
Point of Delivery shall mean the point where the pipes connect at the property line
between the public right of way and private property. The Service Company shall
own the clean out to the valve pit and the remaining vacuum lines down stream.
The customer shall own the pipes connecting thereto.
Property as such term is defined in the Recitals hereof.
Property Installations or System shall mean any service lines located on
individual lots or parcels of the Property or to buildings located on the Property
that connect to the Central-Sewage System, and may include facilities located
outside the Property,required to be installed by Developer,to connect facilities on
the Property to the Central Sewage System.
Service Company's Affiliates shall mean any disclosed or undisclosed officer,
director, employee, trustee shareholder, partner, principal, parent, subsidiary or
other affiliate of Service Company.
Tariff shall mean Service Company's existing and future schedules of rates and
charges for sewer service.
2
2. New System Construction
(a) Prior to the construction and installation of the System,Developer shall,at its sole
cost and expense, cause to be prepared and provide to Service Company plans and
specifications of the system (Plans and Specifications), prepared by a Florida
registered professional engineer, and in accordance with all policies and practices
of Service Company and all applicable laws and regulations and standards
adopted by the Department of Environmental Protection and Monroe County.
(b) Service Company shall approve or disapprove of the Plans and Specifications
within thirty(30)days of receipt thereof by written notice to Developer.
(c) Upon Developer's receipt of Service Company's written notice of disapproval of
the Plans and Specifications, Developer shall promptly revise the Plans and
Specifications in accordance with any requirements set forth by Service Company
in its written notice of disapproval, and re-submit such revised Plan and
41111/ Specifications to Service Company for approval or disapproval. Service
Company shall approve or disapprove of any revised Plans and Specifications
within five(5)business days of receipt thereof by written notice to Developer.
(d) Upon Developer's receipt of Service Company's written notice of approval of the
Plans and Specifications, Developer may proceed with the construction and
installation of the System. Developer shall notify Service Company seventy-two
(72) hours prior to beginning construction. Construction and Installation shall be
completed within six (6)months of Service Company's written notice of approval
of the Plans and Specifications. All work shall be inspected by licensed and
insured contractors and engineers reasonably acceptable to Service Company. In
accordance with Chapter 62-604 FA.C., Developer shall provide, at its sole cost,
a Professional Engineer registered in Florida to provide on-site observation during
construction and testing and to certify that the System is constructed in
compliance with the approved Plans and Specifications. All materials employed
by Developer for the System shall be reasonably acceptable to Service Company.
ihre
L
No portion or element of the System shall be covered or concealed until inspected
by Service Company. Developer shall notify Service Company of Developer's
readiness for inspection of the System, and Service Company shall inspect the
System within two (2) business days after each such notice. Any portion of the
System not inspected by Service Company within said time period, shall be
deemed to have been accepted by Service Company. In the event that Service
Company determines through any such inspection that any portion of the System
does not fully comply with the Plans and specific conditions or applicable laws
and regulations, Service Company shall notify Developer in writing of such non-
compliance not more than two (2) business days after any such inspection and
Developer shall immediately modify the System to insure that the System fully
complies with the Plans and Specifications and applicable laws and regulations.
(e) In the event Service Company discovers that any portion of element of the System
has been installed, covered or concealed without the prior approval of Service
Company, Developer shall, upon written demand by Service Company,
immediately dismantle or excavate such portion of the System at its sole cost and
expense.
3. System Records
Prior to Service Company's acceptance of all or any portion of the System for service,
operation and maintenance or for service only, Developer shall deliver the following
records and documents to Service Company:
(a) Copies of all invoices and/or contracts for the construction and installation.
(b) An affidavit signed by the developer stating that there are no parts or portions of
the System which are not included in the invoices and contracts noted in
subsection (a) above, that said invoices and contracts accurately and fully reflect
the total cost of the System and that the System is free and clear of all liens and
encumbrances.
4
(c) Lien waivers from all contractors, subcontractors, material people, and any other
parties that provided labor, services or materials in connection with the
construction of the System.
(d) A reproducible Mylar and two (2)sets of blue line copies,accurately depicting all
of the System as constructed and installed, and signed and sealed by the engineer
and surveyor of record for the System.
(e) Copies of the results of all tests conducted on the System.
(t) Any other records or documents required by applicable law or required under the
Tariff.
(g) A certificate of completion of the System signed and sealed by the engineer of
record.
(h) A copy of the Department of Environmental Protection permit to construct the
System and all inspection reports and approvals issued by the Engineer and the
Department of Environmental Protection and any other applicable governmental
authority or agency.
(i) A bill of sale, in recording form,conveying all right,title and interest in and to the
System, to Service Company free of any and all liens and encumbrances for that
portion of the System located on the Service Company side of the Point of
Delivery.
4. Property Rights
In those cases in which Service Company accepts all or any portion of the System for
service,operation and maintenance, Developer shall convey the following property rights
and interests for that portion of the System to Service Company:
5
`r
(a) A non-exclusive easement, in the form attached as Exhibit"B", for that portion of
the Property of sufficient size to enable Service Company ingress and egress to
operate, maintain and replace such portions of the System not located within
public rights-of-way. The foregoing easement shall be in effect for a period of
time not less than the period during which the Service Company shall use the
System to provide service to Customers.
(b) A non-exclusive easement, in the form attached as Exhibit "B", of sufficient size
to enable ingress, egress and access by Service company personnel or vehicles to
any lift or pump station located on the Property. The foregoing easement shall be
in effect for a period of time not less than the period during which the Service
Company shall use the System to provide service to Customers.
(c) Notwithstanding the foregoing easements, Developer retains all tights and
privileges to utilize the property in any manner it deems appropriate provided
such use is not inconsistent with the purposes intended for such easements.
5. Rates.Fees.Chorus
(a) All Customers will pay the applicable fees, rates and charges as set forth in the
Tariff. Nothing contained in this Agreement shall serve to prohibit Service
Company's right to bill or collect its rates and charges from Customers, nor to
require compliance with any provision of its Tariff.
(b) Developer shall pay to Service Company a reservation fee (Capacity Reservation
Fee), in the amount of Two Thousand Seven Hundred ($2,700.00) dollars pet
E.R.C. connection to be reserved by Developer to serve the residential or
commercial structures to be constructed in or upon the Property (individually, a
Connection, collectively, the Connections). Prior to execution of this agreement,
Developer has previously supplied Service Company access and information
necessary to determine number of ERC's proposed. From this information it has
been determined: Total 7(. . b oo ERC's
7m4-4.ti4 rote "fie, 4 4 pp 1; c ice\ nq , 1425
6 PL
'r
(c) Developer shall pay 1/3 ($roar tl"1) of the Capacity Reservation Fee and does not
owe additional funds for the Capacity Reservation Fee upon execution of the
Agreement,but will however be responsible for the remaining 2/3 (WO))upon
connection of the first building pursuant to the payment option of Developer's
choosing as articulated in Section 7 of this Agreement.
Service Company shall have the right to cancel such reservation in the event of
Developer's failure to comply with the terms of this Agreement. In the event
there is additional water usage over and above the amount reserved in paragraph
6(b) above, (based on an annual review) the Developer shall remit additional
Capacity Reservation Fees to Service Company thirty (30) days after notice by
Service Company of additional fees due.
($$°lo on st-11-O- stwar work)
(d) eveloper shall pay ($'rgp ) to Service Company, for engineering review and
thlar administrative costs related to processing constmction plans and documents
submitted by Developer pursuant to this Agreement. Developer shall also pay
Service Company S100.00 per hour for periodic inspections to be made by
Service Company or its agents within thirty (30) days of submission by Service
Company to Developer of invoices confirming time spent conducting such
inspection services.
(e) In the event of default by Developer and the payment of fees hereunder, Service
Company may cancel this Agreement by giving thirty (30)days written notice of
default and retain all payments hereunder as liquidated damages.
(t) Developer agrees that in the event of a change of use or any change that might
affect the flows (i.e. addition of a restaurant) Service Company will be notified
and the applicable Capacity Reservation Fees will be paid prior to discharge to the
Central Sewage System.
7
6. Payment Options
In the event the Property Owner is connecting to the vacuum collection system, the
Property Owner shall have the following options to connect. In the event the Property
Owner is connecting to the gravity collection system, the Property Owner must pay the
Utility the entire cost as provided in option(a)below:
(a) The Property Owner must pay the Utility the entire cost of the Capacity
Reservation Fee(S )as provided for in Paragraph 6(c)above;or
e Property Owner must pay five(5) percent of eservation Fee,
(said
Me /V ,/�
said fee e to Monr nty) and execute a Consent 94 7
Acknowledgme men i ' both to Utility upon execution of tie S
Agreement,on a form provided by Utility 'ver both to Utility. Vsit9cc
1/41
7. Absolute Conveyance �)
Developer understands, agrees and acknowledges that Developer's conveyance of any
and all easements, real property or personal property (including, without limitation, the
System), or payment of any funds hereunder(including, without limitation,the Capacity
Reservation Fee and Connection Charges), shall, upon acceptance by Service Company,
be absolute,complete and unqualified,and that neither Developer nor any party claiming
by or through Developer shall have any right to such easements, real or personal
property, or funds, or any benefit which Service Company may derive from such
conveyance or payments in any form or manner.
8. Delivery of Service: Operation and Maintenance
(a) Upon Developer's MI performance of its obligations under this Agreement,
Service Company shall provide service to the Point of Delivery in accordance
with the terms of this Agreement, all applicable laws and regulations and shall
operate and maintain the Central Sewage System to the Point of Delivery in
accordance with the teens and provisions of this Agreement. Said service shall be
provided on or aboutScsv- 2Di o .
8
`Ir
(b) Developer shall, at its sole cost and expense, own, operate and maintain any part
of the System that has not been conveyed to Service Company pursuant to the
terms and conditions of this Agreement.
(c) Developer acknowledges that certain water quality standards must be met prior to
influent entering the wastewater treatment plant (primarily chloride levels and
excessive flows) and agrees to allow Service Company to monitor flows and
water quality at Service Company's discretion at a point on the Developer's side of
the Point of Delivery. If it is determined that substandard influent or excessive
flows are entering the Central Sewage System via Developer's System,Developer
agrees to isolate the source and to repair or replace the portion or portions of the
faulty System in a manner acceptable to Service Company in accordance with this
Agreement.
(d) In the event any portion of the Property is developed as a condominium, the
ISO condominium association shall be required to execute a maintenance agreement
with respect to any portion of the System not conveyed to Service Company.
Such maintenance agreement shall provide that if the condominium association
fails to adequately maintain and repair the System, Service Company shall have
the right to maintain and repair such System at the sole cost and expense of the
condominium association.
9. Repair of System
In the event of any damage to or destruction of any portion of the Central Sewage System
due to any acts or omissions by Developer, any Customer or their respective agents,
representatives,employees, invitees or licensees, Service Company shall repair or replace
such damaged or destroyed facilities at the sole cost and expense of responsible party.
Developer shall operate, maintain and repair all other portions of the System not
conveyed to Service Company at its sole cost and expense.
9
fir•
10. Term
This Agreement shall become effective as of the date first written above, and shall
continue for so long as Service Company provides sewer service to the public.
11. Default
In the event of a default by either party of its duties and obligations hereunder, the non-
defaulting party shall provide written notice to the defaulting party specifying the nature
of the default and the defaulting party shall have five (5) days to cure any default of a
monetary nature and thirty (30) days for any other default. If the default has not been
cured within the applicable period (time being of the essence), the non-defaulting party
shall be entitled to exercise all remedies available at law or in equity, including but not
limited to, the right to damages, injunctive relief and specific performance. Service
Company may, at its sole option, discontinue and suspend the delivery of service to the
System in accordance with all requirements of applicable law and the Tariff if Developer
( fails to timely pay all fees,rates and charges pursuant to the terms of this Agreement.
v
12. Excuse from Performance
(a) Force Majeure.
If Service Company is prevented from or delayed in performing any act required
to be performed by Service Company hereunder, and such prevention or delay is
caused by strikes, labor disputes, inability to obtain labor,materials or equipment,
storms, earthquakes, electric power failures, land subsidence, acts of God, acts of
public enemy, wars, blockades, riots, acts of armed forces, delays by carriers,
inability to obtain rights-of-way, acts of public authority, regulatory agencies, or
courts, or any other cause,whether the same kind is enumerated herein,not within
the control of Service Company (Force Majeure), the performance of such act
shall be excused for a period equal to the period of prevention or delay.
kiPv
l0
(b) Governmental Acts.
If for any reason during the term of this Agreement, other than the fault of
Developer,any federal, state or local authorities or agencies fail to issue necessary
permits, grant necessary approval or require any change in the operation of the
Central Sewage System or the System (Governmental Acts), then, to the extent
that such Governmental Acts shall affect the ability of any party to perform any of
the terms of this Agreement in whole or in part, the affected parry shall be
excused from the performance thereof and a new agreement shall be negotiated, if
possible, by the parties hereto in conformity which such permits, approval or
requirements. Notwithstanding the foregoing, neither Developer nor Service
Company shall be obligated to accept any new agreement if it substantially adds
to its burdens and obligations hereunder.
(c) Emergency Situations.
Service Company shall not be held liable for damages to Developer and
Developer hereby agrees not to hold Service Company liable for damages for
failure to deliver service to the Property upon the occurrence of any of the
following events:
1. A lack of service due to loss of flow or process or distribution failure;
provided that Service Company has utilized its best efforts to maintain the
Central Sewage System in good operating condition.
2. Equipment or material failure in the Central Sewage System or the
System, including storage , pumping and piping provided the Service
Company has utilized its best efforts to maintain the Central Sewage
System in good operating condition;and
k
11
\tr
3. Force Majeure, unforeseeable failure or breakdown of pumping,
transmission or other facilities, any and all governmental requirements,
acts or action of any government, public or governmental authority,
commission or board, agency, agent, official or officer, the enactment of
any statute, ordinance, resolution, regulation, rule or ruling, order, decree
or judgment, restraining order or injunction of any court, including,
without limitation,Governmental Acts.
(d) Notwithstanding any excuse of performance due to the occurrence of any of the
foregoing events, Developer shall not be excused from payment of any fees,
charges and rates due to Service Company under the terms of this Agreement
(including without limitation, the Capacity Reservation Fee and Connection
Charges).
13. Successors and Amine
kir This Agreement and the easements granted hereby,shall be binding upon and inure to the
benefit of the parties hereto and their respective successors and assigns.
14. Indemnification
Service Company and Developer agree:
(I) to indemnify and hold the other harmless from negligent acts or omissions of
itself, its officers,agents,invitees and users of the system,and
(2) to indemnify and hold the other harmless from third-party suits against a party
which result from the breach of the Agreement by the other party.
15. Assivnment of Warranties and Bonds
Developer shall assign any and all warranties,maintenance,completion and performance
bonds and the right to enforce same to the Service Company which Developer obtains
from any contractor constructing the System. Developer shall obtain a written warranty,
completion, performance and maintenance bonds from its contractor for a minimum
period of twenty-four (24) months. If Developer does not obtain such written warranty
and performance and maintenance bonds from its contractor and deliver same to Service
12
`V
Company,then in such event,Developer agrees to warrant the construction of the System
for a period of twenty-four (24) months from the date of acceptance by the Service
Company.
16. Notices
All notices, demands, requests or other communications by either party under this
Agreement shall be in writing and sent by (a) first class U.S. certified or registered mail,
return receipt requested, with postage prepaid, or (b) ovemight delivery service or
courier, or (c) tele-facsimile or similar facsimile transmission with receipt confirmed as
follows:
If to Service Company: Mr.Doug Carter,General Manager
6450 Junior College Road
Key West,FL 33040
Facscimile(305)294-1212
41/ With a Copy To: Mr.Jeff Weiler,P.E.
Weiler Engineering
20020 Veterans Boulevard
Port Charlotte,FL 33954
'On
(941)764-8915
If to Developer: 1 r r 1 an g e ii m q h y\
fs3eta Soak Tslgrtil Rrji r}tas LLC
7OO c. Shlryl„tr 'anti Sv c Z
W os� ri -r304
17. Tariff
This agreement shall be filed by Service Company with the Florida Public Service
Commission within twenty(20)days after this Agreement is signed by both parties. This
Agreement is subject to all of the terms and provisions of the Tariff. In the event of any
conflict between the Tariff and the terms of this Agreement, the Agreement shall govern
and control.
41/
13
tit/
IS. Miscellaneous Provisions
(a) This Agreement shall not be altered, amended, changed, waived, terminated or
otherwise modified in any respect or particular, and no consent or approval
required pursuant to this Agreement shall be effective, unless the same shall be in
writing and signed by or on behalf of the party to be charged.
(b) All prior statements, understandings,representations and agreements between the
parties, oral or written, are superseded by and merged in this Agreement, which
alone fully and completely expresses the agreement between them in connection
with this transaction and which is entered into after full investigation, neither
party relying upon any statement, understanding, representation or agreement
made by the other not embodied in this Agreement. This Agreement shall be
given a fair and reasonable construction in accordance with the intentions of the
parties hereto, and without regard to or aid of canons requiring construction
against Service Company or the party drafting this Agreement.
(c) No failure or delay of either party in the exercise of any right or remedy given to
such party hereunder or the waiver by any party of any condition hereunder for its
benefit (unless the lime specified herein for exercise of such right or remedy has
expired)shall constitute a waiver of any other or further right or remedy nor shall
any single or partial exercise of any right or remedy preclude other or further
exercise thereof or any other right or remedy. No waiver by either patty of any
breach hereunder or failure or refusal by the other party to comply with its
obligations shall be deemed a waiver of any other or subsequent breach,failure or
refusal to so comply.
(d) This Agreement may be executed in one or more counterparts, each of which so
executed and delivered shall be deemed an original, but all of which taken
together shall constitute but one and the same instrument. It shall not be
necessary for the same counterpart of this Agreement to be executed by all of the
parties hereto.
14
(e) Each of the exhibits and schedules referred to herein and attached hereto is
incorporated herein by this reference.
(f) The caption headings in this Agreement are for convenience only and are not
intended to be a part of this Agreement and shall not be construed to modify,
explain or alter any of the terms,covenants or conditions herein contained.
(g) This Agreement shall be interpreted and enforced in accordance with the laws of
the state in which the Property is located without reference to principles of
conflicts of laws. In the event that the Florida Public Service Commission loses
or relinquishes its authority to regulate Service Company, then all references to
such regulatory authority will relate to the agency of government or political
subdivision imposing said regulations. If no such regulation exists, then this
Agreement shall be governed by applicable principles of law.
4111/ (h) Each of the parties to this Agreement agrees that at any time after the execution
hereof, it will, on request of the other party, execute and deliver such other
documents and further assurances as may reasonably be required by such other
party in order to carry out the intent of this Agreement.
(i) If any provision of this Agreement shall be unenforceable or invalid, the same
shall not affect the remaining provisions of this Agreement and to this end the
provisions of this Agreement are intended to be and shall be severed.
Notwithstanding the foregoing sentence, if(i) any provision of this Agreement is
finally determined by a court of competent jurisdiction to be unenforceable or
invalid in while or in part, (ii) the opportunity for all appeals of such
determination have expired, and (iii) such enforceability or invalidity alters the
substance of this Agreement (taken as a whole) so as to deny either party, in a
material way,the realization of the intended benefit of its bargain, such party may
terminate this Agreement within thirty (30) days after the final determination by
notice to the other. If such party so elects to terminate this Agreement, then this
itar
15
`r
Agreement shall be terminated and neither party shall have any further rights,
obligations or liabilities hereunder, except for any rights,obligations or liabilities
which by this specific terms of this Agreement survive the termination of this
Agreement.
(1) In the event of any litigation arising out of or connected in any manner with this
Agreement, the non-prevailing party shall pay the costs of the prevailing party,
including its reasonable counsel and paralegal fees incurred in connection
therewith through and including all other legal expenses and the costs of any
appeals and appellate costs relating thereto. Wherever in this Agreement it is
stated that one party shall be responsible for the attorneys fees and expenses of
another party, the same shall automatically be deemed to include the fees and
expenses in connection with all appeals and appellate proceedings relating or
incidental thereto. This subsection (j) shall survive the termination of this
Agreement.
(k) This Agreement shall not be deemed to confer in favor of any third parties any
rights whatsoever as third-party beneficiaries, the parties hereto intending by the
provisions hereof to confer no such benefits or status.
(I) Developer agrees that the Service Company may, at its sole discretion, require
certain allocations to the proposed collection and transmission systems for future
connections. Developer further agrees that Service Company may, at its sole
discretion,extend the sewer line for any reason. It is understood that there will be
no reimbursement or additional credit.
41111/
16
IN WITNESS WHEREOF,Service Company and Developer have executed this
Agreement as of the day and year first above written.
SERVICE COMPANY: DEVELOPER:
KW Resort Utilities Corp.
By: By:
Print Name: Print Name:
Title: Title:
Address: 6450 Junior College Road Address:
Key West,FL 33040
STATE OF FLORIDA )
) ss.
COUNTY OF MONROE )
The foregoing instrument was acknowledged before me this_day of
2006,by as
a Florida corporation,on behalf of said corporation. He/she is personally known to me or who
has produced as identification.
My Commission Expires:
STATE OF FLORIDA )
) ss.
COUNTY OF MONROE )
The foregoing instrument was acknowledged before me this day of
2006,by as
a Florida corporation,on behalf of said corporation. He/she is personally known to me or who
has produced as identification.
My Commission Expires:
kr
17
•
NSIP RW
` Florida Department of Environmental Protection
�r Twin Towers Office Bldg.,2600 Blair Stone Road,Tallahassee,Florida 32399-2400
NOTIFICATION/APPLICATION FOR CONSTRUCTING A DOMESTIC
WASTEWATER COLLECTION/TRANSMISSION SYSTEM
PART I-GENERAL
Subpart A:Permit Application Type
Permit Apptlrgflon Type(mark one only) Rf3Us Application Fees " r
Served _
Are you applying for an Individual permit for a domestic wastewater collecdoNaanamiadon
system?
l
Now an EDIT is equal to 3.5 patrons. Criteria for an individual permit are contained In Rule 62- 210 :Stitt
604.600(7),P.A.C.
<10 $300
Is this a Notice of Intent to use the general permit for wastewater collection/transmission systems?
Criteria for qualifying for a general permit am contained in Rule 62-604.600(6), PAC Projects not N/A g250
meeting the aka ill in Rule 62-604.600(6),F.A.C.,must apply for an individual permit
•Nob: Each non-contiguous project(i.e.,projects that are not interconnected or are not located on adjacent streets or in the same neighborhood)requires
a separate application and fee.
Subpart B: Instructions
(1) This form shall be completed for all domestic wastewater collection/transmission system construction projects as follows:
(. • If this is a Notice of Intent to use the general permit,this notification shall be submitted to the Department at bast 38 days prior to
�r fidtiatlog comtruatlao.
• If this is an application for an individual permit,the permit must be obtained prior to initiating construction.
(2) One copy of fee, � methe
cecomple form shallro be submitted to the appropriate DEP district office or delegated local program along with the appropriate
Pro npR a copy ofappropri
of ahe te following
theping documents Checks should be made payable to the Florida Department of Environmental
delegated local program.
• If this is a Notice of Intent to usethe general permit,attach a site plan or sketch showing the size and approximate
gravity sewers,pump stations and force mains;showingtheisoPro location of newor altered
proposed project ties into the existing e approximate hecste plan of orsket manholes and isolation valves;and showingya how the
ebng orproposed wastewater facilities. The site or sketch shall be signed and:cried by a professional
engineer registered N Florida
• If this is an application for an individual permit one set of plans and specifications shall be submitted with this application,or alternatively,
an engineering report shall be submitted. Plans and specifications and engineering reports shall be prepared in accordance with the
applicable provisions of Chapters 10 aid 20 of Recommended Standards for Wastewater Facilities. The plans and specifications or
engineering report shall be signed and sealed by Professional Engineer registered in Florida
(3) All information shall be typed or printed in ink. Where attached sheets(or other technical documentation)are utilized in lieu of the blank spaces
provided, indicate appropriate cross-references on the font For hems(I)through(4)of Part II of this application form if an item is not
applicable to your project,indicate"NA"in the appropriate space provided.
thr Dv a,.•alaPa9an
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• PART II—PROJECT DOCUMENTATION
ihr (I) Collection/Transmission System Permittee
Name Michael Mann Title Chief Executive Officer
Company Name New Stock Island Properties,LLC
Address 7009 Shrimp Road,Suite 2
City Key West State Florida Zip 33041
Telephone 305-294-2288 Fax 305-292-2136 Email mmann@oldislandharhor.com
(2) General Project Information
Project Name Old Island Harbor
Location: County Monroe City Key West Section 35 Township 67S Range 25E
Project Description and Purpose(including pipe length,range of pipe diameter,total number of manholes,and total number
of pump stations) Construction of a vacuum system for liveaboard boat slips consisting of 7 SaniSailor pump out units, 7400 LF of 2"
vacuum line, 1650 LF of 3"vacuum line,52 LF of 4"vacuum line,714'of4 inch SDR26 forcentain piping,a single grinder pump lift station
The design includes the connectbn of Mho phases
Estimated date for. Stan of construction November 2009 Completion of conmuction July2011
Connections to existing system or treatment plant To connect to KWRU WWTP,existing(FLA014951)
(3) Project Capacity
A=Type of Unit Number D=load Popdation E=Per Capita F=Total Average Daily
(Column Bx C) Flow Daily Flow
kat Boat Slip,3C'-49' of Units Per Unit , _ (Columns De E) loam flow
Boat Slip,50'-70' 269 6 16614 10 0 267
10 16M0 2690
Boa Slip.gO'-IW' 120 _ 10 1200
Employees IS f 1I 15 15 225 200 -
Commercia4lnstimtwnal or Industrial Pa:ili • —
Total 1909 19165 3195
•Description of commercial,institutional,and industrial facilities and explanation of method used to estimate per capita flow for these facilities:
Flows based on Park with Showers and employee usage from Table I,Chapter64&6,FA(,November 2006 revision
(4) Pump Station Data(attached additional sheets as necessary)
Estimated Flow to the Station(GPD)
Location Type Maximum Average Minimum Operating L'raDH))
[GPM @ 83It T fH
Duplex grinder - 7S748 19165 2683 87 gpm®874TDH
I
(5) Collection/Transmission System Design Information
k This information must be completed for all projects by the applicant's professional engineer,and if applicable,those professional engineers
in other disciplines who assisted with the design of the project. If this project has been designed to comply with the standards and
criteria listed below,the engineer shall initial in ink before the standards or criteria. If any of the standards or criteria do not apply to
this project or if this project has not been designed to comply with the standards or criteria,mark"Jr before the appropriate standard
or criteria and provide an explanation.including any applicable rule references,in(5)B.below.
Note: if the project has not been designed in accordance with the standards and criteria sat forth in Rules 62-604.400(I) and(2), P.A.C., an
application for an individual permit shall be submitted. However, if Rules 62-604.400(1)and(2),F.A.C.,specifically allow for another alterative
that will result in an equivalent level of reliability and public health protection,the project can be constructed using the general permit
on Rms,tarraeax0
Effective!inert 4'A203
Page 2 of9
•
•
cameral R- u'vtpp3gg
1. The project is designed based on an average daily flow of 100 gallons per capita plus wastewater flow from industrial plants
and major institutional and commercial facilities unless water use data or other justification is used to better estimate the flow.
The design includes an appropriate peaking factor,which coven UI contributions and non-wastewater connections to those
service lines. [RSWF 11.243]
2. Procedures are specified for operation of the colketionhransmusion system during construction. [RSWF 20.15]
3. The project is designed to be located on public right-of-ways,land owned by the pennittee,or easements and to be located no
closer than 100 feet from a public drinking water supply well and no closer than 75 feet from a private drinking water supply well;
or documentation is provided in Part B.(5)B.,showing that another alternative will result in an equivalent level of reliability and
public health protection.[62-604.400(I)(b)and(c),F.A.C.]
_ 4. The project is designed with no physical connections between a public or private potable water supply system and a sewer or
force main and with no water pipes passing through or coming into contact with any part of a sewer manhole. [Rstw 38.1 and 483]
5. The project is designed to preclude the deliberate introduction of storm water,surface water,groundwater,roof runoff,
subsurface drainage,swimming pool drainage,air conditioning system condensate water,non-contact cooling water except as
provided by Rule 62-610.668(1),F.A.C.,and sources of uncontaminated wastewater,except to augment the supply of reclaimed
water in accordance with Rule 62-610.472(3)(c),F.A.C.[62-604.400(1)(d),P.A.C.]
_ 6. The project is designed so that all new or relocated,buried sewers and force mains,are located in accordance with the
separation requirements from water mains and reclaimed water lines of Rules 62-604.400(2)(g)(h)and(i)and(3),A.A.C. Note,if
the criteria of Rules 62-604.400(2)(g)4 or(2Xi)3.P.A.C.,are used,describe in Part B.C.alternative construction features that will
be provided to afford a similar level of reliability and public health protection. [62-604.400(2)(g),(h),and(I)and(3).P.A.C.]
Gravity Sewers
X 7. The project is designed with no public gravity sewer conveying raw wastewater less than 8 inches in diameter. [RSWF 33.1]
X 8. The design considers buoyancy of sewers,and appropriate construction techniques are specified to prevent flotation of the
pipe where high groundwater conditions are anticipated. [RSWP 33.3]
X 9. All sewers are designed with slopes to give mean velocities,when flowing full,of not less than 2.0 feet per second,based on
Maiming's formula using an"n"value of 0.013;or if it is not practicable to maintain these minimum slopes and the depth of flow
will be 0.3 of the diameter or greater for design average flow,the owner of the system has been notified that additional sewer
maintenance will be required. The pipe diameter and slope are selected to obtain the greatest practical velocities to minimize
` solids deposition problems. Oversized sewers are not specified to justify flatter slopes.[RSWF 33.41,33.42,and 33.431
X 10. Sewers are designed with uniform Mope between manholes. [RWSF 33.44]
X II. Where velocities greater than 15 fps are designed,provision to protect against displacement by erosion and impact are
specified. [RSWF 33.45]
X 12. Sewers on 20%slopes or greater are designed to be anchored securely with concrete,or equal,anchors spaced as follows:not
over 36 feet center to center on grades 20%and up to 35%;not over 24 feet center to center on grades 35%and up to 50%;and
not over 16 feet center to center on grades 50%and over. [RSWF 33.46]
X l3. Sewers 24 inches or less are designed with straight alignment between manholes. Where curvilinear sewers are proposed for
sewers greater than 24 inches,the design specifies compression joints;ASTM or specific pipe manufacturer's maximum
allowable pipe joint deflection limits are not exceeded;and curvilinear sewers are limited to simple curves which start and end at
manholes. [RSWF 33.5]
X 14. Suitable couplings complying with ASTM specifications are required for joining dissimilar materials. [RSWF 33.7]
X 15. Sewers are designed to prevent damage from superimposed loads. [RSWF 33.7]
X 16. Appropriate specifications for the pipe and methods of bedding and backbiting are provided so as not to damage the pipe or
its joints,impede cleaning operations and future tapping,nor create excessive side fill pressures and evaluation of the pipe,nor
seriously impair flow capacity. [RSWF 33.8
X 17. Appropriate deflection tests are specified for all flexible pipe. Testing is required after the final backfill has been in place at
least 30 days to permit stabilization of the soil-pipe system. Testing requirements specify: 1)no pipe shall exceed a deflection of
5%;2)using a rigid ball or mandrel for the deflection test with a diameter not less than 95%of the base inside diameter or
average inside diameter of the pipe,depending on which is specified in the ASTM specification,Including the appendix,to which
the pipe is manufactured;and 3)performing the test without mechanical pulling devices. [RSWF 33.85]
X 18. Leakage tests are specified requiring that: I)the leakage exfiltration or infiltration does not exceed 200 gallons per inch of
pipe diameter per mile per day for any section of the system;2)exfdtration or infiltration tests be performed with a minimum
positive head of 2 feet;and 3)air tests,as a minimum,conform to the test procedure described in ASTM C-828 for clay pipe,
ASTM C 924 for concrete pipe,ASTM F-1417 for plastic pipe,and for other materials appropriate tat procedures. [RSWF
33.93,33.94,and 33.95]
tear rmm62f114.32CO l
Mahe NOSE*/(1.X 3
Page 3 off
X 19. If an inverted siphon is proposed,documentation of its need is provided in Part O.C. Inverted siphons are designed with: I)
at least two barrels;2)a minimum pipe size of 6 inches;3)necessary appurtenances for maintenance,convenient flushing,and
cleaning equipment;and 4)inlet and discharge structures having adequate clearances for cleaning equipment,inspection,and
flushing. Design provides sufficient head and appropriate pipe sizes to secure velocities of at least 3.0 fps for design average
flows. The inlet and outlet am designed so that the design average flow may be diverted to one barrel,and that either barrel may
be cut out of service for cleaning. [RSWF 35]
Manholes
X 20. The project is designed with manholes at the end of each line;at all changes in grade,size,or alignment;at all intersections;
and at distances not greater than 400 feet for sewers 15 inches or less and 500 feet for sewers 18 inches to 30 inches,except in the
case where adequate modern cleaning equipment is available at distances not greater than 600 feet. [RSWF 34.1]
X 21. Design requires drop pipes to be provided for sewers entering manholes at elevations of 24 inches or more above the
manhole invert. Where the difference in elevation between the incoming sewer and the manhole invert is less than 24 inches,the
invert is designed with a fillet to prevent solids deposition. Inside drop connections(when necessary)are designed to be secured
to the interior wall of the manhole and provide access for cleaning. Design requires the entire outside drop connection be encased
in concrete. [RSWF 34.2]
X 22. Manholes are designed with a minimum diameter of48 inches and a minimum access diameter of 22 inches. [RSWF 34.3]
X 23. Design requires that a bench he provided on each side of any manhole channel when the pipe diameter(s)are less than the
manhole diameter and that no lateral sewer,service connection,or drop manhole pipe discharges onto the surface of the bench.
[RSWF 34.5]
X 24. Design requires: 1)manhole lift holes and grade adjustment rings be sealed with non-shrinking mortar or other appropriate
material;2)inlet and outlet pipes be joined to the manhole with a gasketed flexible watertight connection or another watertight
connection arrangement that allows differential settlement of the pipe and manhole wall;and 3)watertight manhole covers be
used wherever the manhole tops may be flooded by street runoff or high water. [RSWF 34.6]
X 25. Manhole inspection and testing for watertightness or damage prior to placing into service are specified. Air testing,if
specified for concrete sewer manholes,conforms to the test procedures described in ASTM C-1244. [RSWF 34.7]
X 26, Electrical equipment specified for use in manholes is consistent with Item 46 of this checklist.[RSWF 34.9]
Stream Crossings
X 27. Sewers and force mains entering or crossing streams are designed to be constructed of ductile iron pipe with mechanical
joints or so they will remain watertight and free from changes in alignment or grade. Appropriate materials which will not readily
4611, erode,cause siltation,damage pipe during placement,or corrode the pipe are specified to backfill the trench.[RSWF 36.21 and
48.5]
X 28. Stream crossings are designed to incorporate valves or other flow regulating devices(which may include pump stations)on
the shoreline or at such distances form the shoreline to prevent discharge in the event the line is damaged.[6YLa.4o0(2X1)5.,P.A.C.]
X 29. Sewers and force mains entering or crossing streams are designed at a sufficient depth below the natural bottom of the stream
bed to protect the line. At a minimum,the project is designed with subaqueous lines to be buried at least three feet below the
design or actual bottom,whichever is deeper,of a canal and other dredged waterway or the natural bottom of streams,rivers,
estuaries,bays,and other natural water bodies;or if it is not practicable to design the project with less than three-foot minimum
cover,alternative construction features(e.g.a concrete cap,sleeve,or some other properly engineered device to insure adequate
protection of the line)are described in Part O.C. [62-604.400(2)0k)I.,F.A.C.,and RSWF 36.11]
X 30. Specifications require permanent warning signs be placed on the banks of canals,streams,and rivers clearly identifying the
nature and location(including depths below design or natural bottom)of subaqueous crossings and suitably fixed signs be placed
at the shore,for subaqueous crossings of lakes,bays,and other large bodies of water,and in any area where anchoring is normally
expected. [62-604.400(2)(k)2.,F.A.C.]
X 31. Provisions for testing the integrity of subaqueous lines are specified. [62-604.400(2)(k)4.,F.A.C.]
X 32. Supports are designed for all joints in pipes utilized for aerial crossings and to prevent overturning and settlement.
Expansion jointing is specified between above ground and below ground sewers and force maths. The design considers the
nonmetal_floodwaters and debris. [RSWF 37 and 48.5]
X 33. Aerial crossings are designed to maintain existing or required navigational capabilities within the waterway and to reserve
riparian rights of adjacent property owners.[62-604.400(2)(k)3.,P.A.C.]
Puma Stations
34. In areas with high water tables,pump stations are designed to withstand flotation forces when empty. When siting the pump
station,the design considers the potential for damage or interruption of operation because of flooding. Pump station structures
and electrical and mechanical equipment are designed to be protected from physical damage by the 100-year flood. Pump stations
are designed to remain fully operational and accessible during the 25-year flood unless lesser flood levels are appropriate based
on local considerations,but not less than the 10-year flood.[62-604.400(2)(e),F.A.C.]
35. Pump stations are designed to be readily accessible by maintenance vehicles during all weather conditions.[RSWF 41.2]
%sr _ 36. Wet well and pump station piping is designed to avoid operational problems from the accumulation of grit. [RSWF41.3]
_ 37. Dry wells,including their superstructure,ale designed to be completely separated from the wet well. Common walls are
designed to be gas tight. [RSWF 42.21]
DEP ram 62M43 1xa)
Eemiw NJNmK6.3003
Page 4 of
•
•
38. The design includes provisions to facilitate removing pumps,motors,and other mechanical and electrical equipment.[Rswp
4111, 42.221
39. The design includes provisions for: 1)suitable and safe means of access for persons wearing self-contained breathing
apparatus are provided to dry wells,and to wet wells;2)stairway access to wet wells more than 4 feet deep containing either bar
screens or mechanical equipment requiring inspection or maintenance;3)for built-in-place pump stations,a stairway to the dry
well with rest landings at vertical intervals not to exceed 12 feet;4)for factory-built pump stations over 15 feet deep,a rigidly
fixed landing at vertical intervals not to exceed 10 feet unless a manlift or elevator is provided;and 5)where a landing is used,a
suitable and rigidly fixed barrier to prevent an individual from falling past the intermediate landing to a lower level. If a manlift
or elevator is provided,emergency access is included in the design. [RSWF 42.23)
40. Specified construction materials are appropriate under conditions of exposure to hydrogen sulfide and other corrosive gases,
greases,oils,and other constituents frequently present in wastewater.[RSWF 42.25]
41. Except for low-pressure grinder or STEP systems,multiple pumps are specified,and each pump has an individual intake.
Where only two units am specified,they are of the same size. Specified units have capacity such that,with any unit out of service,
the remaining units will have capacity to handle the design peak hourly flow. [RSWF42.31 and 42.36]
X 42. Bar racks are specified for pumps handling wastewater from 30 inch or larger diameter sewers. Where a bar rack is
specified,a mechanical hoist is also provided. The design includes provisions for appropriate protection from clogging for small
pump stations.[RSWF 42.322]
43. Pumps handling raw wastewater are designed to pass spheres of at least 3 inches in diameter. Pump suction and discharge
openings are designed to be at least 4 inches in diameter. [RSWF42.33](Note,this provision is not applicable to grinder pumps.)
44. The design requires pumps be placed such that under normal operating conditions they will operate under a positive suction
head,unless pumps are suction-lift pumps.[RSWF 42.34]
45. The design requires: I)pump stations be protected from lightning and transient voltage surges;and 2)pump stations be
equipped with lighting arrestors,surge capacitors,or other similar protection devices and phase protection. Note, p stations
serving a single building are not required to provide surge protection devices if not necessary to protect the pump station.
46. The design requires I)electrical systems and components(e.g.,motors,lights,cables,conduits,switch boxes,control
circuits,etc.)in raw wastewater wet wells,or in enclosed or partially enclosed spaces where hazardous concentrations of
flammable gases or vapors may be present,comply with the National Electrical Code requirements for Class 1 Group D,Division
I locations;2)electrical equipment located in wet wells be suitable for use under corrosive conditions;3)each flexible cable be
provided with a watertight seal and separate strain relief;4)a fused disconnect switch located above ground be provided for the
main power feed for all pump stations;5)electrical equipment exposed to weather to meet the requirements of weatherproof
equipment NEMA 3R or 4;6)a 110 volt power receptacle to facilitate maintenance be provided inside the control panel for pump
stations that have control panels outdoors;and 7)ground fault interruption protection be provided for all outdoor outlets
47. The design requires a sump pump equipped with dual check valves be provided in dry wells to remove leakage or drainage
with discharge above the maximum high water level of the wet well.[RSWF 42.37]
48. Pump station design capacities are based on the peak hourly flow and are adequate to maintain a minimum velocity of 2 feet
per second in the force main.[RSWF42.38]
49. The design includes provisions to automatically alternate the pumps in use.[RSWF 42.4]
50. The design requires: 1)suitable shutoff valves be placed on the suction line of dry pit pumps;2)suitable shutoff and check
valves be placed on the discharge line of each pump(except on screw pumps);3)a check valve be located between the shutoff
valve and the pump;4)check valves be suitable for the material being handled;5)check valves be placed on the horizontal
portion of discharge piping(except for ball checks,which may be placed in the vertical rim);6)all valves be capable of
withstanding normal pressure and water hammer;and 7)all shutoff and check valves be operable from the floor level and
accessible for maintenance.[RSWF 42.5]
51. The effective volume of wet wells is based on design average flows and a filling time not to exceed 30 minutes unless the
facility is designed to provide flow equalization. The pump manufacturer's duty cycle recommendations were utilized in selecting
the minimum cycle time.[RSWF42.621
52._The design requires wet well floors have a minimum slope of 1 to 1 to the hopper bottom and the horizontal area of hopper
bottoms be no greater than necessary for proper installation and function of the inlet. [RSWF 42.63]
53. For covered wet wells,the design provides for air displacement to the atmosphere,such as an inverted i"tube or other
means. [RSWF 42.64]
X 54. The design provides for adequate ventilation all pump stations;mechanical ventilation where the dry well is below the ground
surface;permanently installed ventilation if screens or mechanical equipment requiring maintenance or inspection are located in
the wet well. Pump stations are designed with no interconnection between the wet well and dry well ventilation systems.[RSWF
42.71]
X 55. The design requires all intermittently operated ventilation equipment to be interconnected with the respective pit lighting
system and the manual lighting/ventilation switch to override the automatic controls. [RSWF 42.73]
L X 56. The design requires the fan wheels of ventilation systems be fabricated from non-sparking material and automatic heating and
dehumidification equipment be provided in all dry wells.[RSWF 42.74]
X 57. If wet well ventilation is continuous,design provides for at least 12 complete 100%fresh air changes per hour;if wet well
ventilation is intermittent,design provides for at least 30 complete 100%fresh air changes per how;and design requires air to be
forced into wet wells by mechanical means rather than solely exhausted from the wet well.[RSWF 42.75]
canon Grearecouno
enna..Nowethe eta
Pages oft)
X 58. If dry well ventilation is continuous,design provides at least 6 complete 100%fresh air changes per hour;and dry well
ventilation is intermittent,design provides for at least 30 complete 100%fresh air changes per hour,unless a system of two speed
ventilation with an initial ventilation rate of 30 changes per hour for 10 minutes and automatic switch over to 6 changes per hour
is used to conserve heat.[RSWF42.76]
59. Pump stations are designed and located on the site to minimize adverse effects from odors,noise,and lighting.[62-
604.400(2)(c),F.A.C.]
60. The design requires pump stations be enclosed with a fence or otherwise designed with appropriate features to discourage the
entry of animals and unauthorized persons. Posting of an unobstructed sign made of durable weather resistant material at a
location visible to the public with a telephone number for a point of contact in case of emergency is specified.[62-664.400(2xd),
F.A.C.]
61. The design requires suitable devices for measuring wastewater flow at all pump stations. Indicating,totalizing,and recording
flow measurement are specified for pump stations with a 1200 gpm or greater design peak flow. [RSWF 42.8]
62. The project is designed with no physical connections between any potable water supplies and pump stations. If a potable
water supply is brought to a station,reduced-pressure principle backflow-prevention assemblies are specified. [RSWF42.9 and
62555.30(4),F.A.C.]
Additional Items to be Cotau]gted for Suction-Lift Pump Stations
X 63. The design requires all suction-lift pumps to be either self-priming or vacuum-priming and the combined total of dynamic
suction-lift at the"pump off"elevation and required net positive suction head at design operating conditions not to exceed 22 feet
For self-priming pumps,the design requires: 1)pumps be capable of rapid priming and repriming at the"lead pump on"elevation
with self-priming and repriming accomplished automatically under design operating conditions;2)suction piping not to exceed
the size of the pump suction or 25 feet in total length;and 3)priming lift at the lead pump on"elevation to include a safety factor
of at least 4 feet from the maximum allowable priming lift for the specific equipment at design operating conditions. For vacuum-
priming pump stations,the design requires dual vacuum pumps capable of automatically and completely removing air from the
suction-lift pumps and the vacuum pumps be adequately protected from damage due to wastewater.[RSWF 43.1]
X 64. The design requires:1)suction-lift pump equipment compartments to be above grade or offset and to be effectively isolated
from the wet well to prevent a hazardous and corrosive sewer atmosphere from entering the equipment compartment;2)wet well
access not to be through the equipment compartment and to be at least 24 inches in diameter;3)gasketed replacement plates be
provided to cover the opening to the wet well for pump units to be remove for service;and 4)no valving be located in the wet
well.[RSWF43.21
Additional Items to be Completed for Submersible Pismo Stations
65. Submersible pumps and motors are designed specifically for raw wastewater use,including totally submerged operation
during a portion of each pump cycle and to meet the requirements of the National Electrical Code for such units. Provisions for
detecting shaft seal failure or potential seal failure are included in the design.[RSWF44.1]
66. The design requires submersible pumps be readily removable and replaceable without dewatering the wet well or
disconnecting any piping in the wet well.[RSWP 442]
67. In submersible pump stations,electrical supply,control,and alarm circuits are designed to provide strain relief;to allow
disconnection from outside the wet well;and to protect terminals and connectors from corrosion by location outside the wet well
or through use of watertight seals.[RSWF 44.31]
68. In submersible pump stations,the design requires the motor control center to be located outside the wet well,readily
accessible,and protected by a conduit seal or other appropriate measures meeting the requirements of the National Electrical
Code,to prevent the atmosphere of the wet well from pining access to the control center. If a seal is specified,the motor can be
removed and electrically disconnected without disturbing the seal. The design requires control equipment exposed to weather to
meet the requirements of weatherproof equipment NEMA 3R or 4. [RSWF44.32]
69. In submersible pump stations,the design requires: 1)pump motor power cords be flexible and serviceable under conditions
of extra hard usage and to meet the requirements of the National Electrical Code standards for flexible cords in wastewater pump
stations;2)ground fault interruption protection be used to de-energize the circuit in the event of any failure in the electrical
integrity of the cable;and 3)power cord terminal finings be corrosion-resistant and constructed in a manner to prevent the entry
of moisture into the cable,provided with strain relief appurtenances,and designed to facilitate field connecting.[RSWF 4433]
70. In submersible pump stations,the design requires all shut-off and check valves be located in a separate valve pit. Provisions
to remove or drain accumulated water from the valve pit are included in the design.[RSWF 44.4]
ihr
my Firm&2M4J (axe
Moire w,.maazm
Page 6 of q
Emergency Operations for Pismo Stations
71. Pump stations are designed with an alarm system which activates in cases of power failure,sump pump failure,pump failure,
unauthorized entry,or any cause of pump station malfunction. Pump station alarms are designed to be telemetered to a facility
that is manned 24 hours a day. If such a facility is not available and a 24-hour holding capacity is not provided,the alum is
designed to be telemetered to utility offices during normal working hours and to the home of the responsible person(s)in charge
of the lift station during off-duty hours. Note,if an audio-visual alana system with a self-contained power supply is provided in
lieu of a telemetered system,documentation is provided in Part II.0 showing an equivalent level of reliability and public health
protection. [RSWF45]
72. The design requires emergency pumping capability be provided for all pump stations. For pump stations that receive flow
from one or more pump stations through a force main or pump stations discharging through pipes 12 inches or larger,the design
requires uninterrupted pumping capability be provided,including an in-place emergency generator. Where portable pumping
and/or generating equipment or manual transfer is used,the design includes sufficient storage capacity with an alarm system to
allow time for detection of pump station failure and transportation and connection of emergency equipment [62-604.400(2)(a)1,
and 2.,F.A.C.,and RSWF 46.423 and 46.433]
73. The design requires: I)emergency standby systems to have sufficient capacity to start up and maintain the total rated running
capacity of the station,including lighting,ventilation,and other auxiliary equipment necessary for safety and proper operation;2)
special sequencing controls be provided to start pump motors unless the generating equipment has capacity to start all pumps
simultaneously with auxiliary equipment operating;3)a riser from the force main with rapid connection capabilities and
appropriate valving be provided for all pump stations to hook up portable pumps;and 4)all pump station reliability design
features be compatible with the available temporary service power generating and pumping equipment of the authority responsible
for operation and maintenance of the collection/transmission system. [62-604.400(2)(a)3.,F.A.C.]
74. The design provides for emergency equipment to be protected from operation conditions that would result in damage to the
equipment and from damage at the restoration of regular electrical power.[RSWF 46.411,46.417,and 46.432]
75. For pennanendy-installed internal combustion engines,underground fuel storage and piping facilities are designed in
accordance with applicable state and federal regulations;and the design requites engines to be located above grade with adequate
ventilation of fuel vapors and exhaust gases.[RSWF 46.414 and 46.415]
76. For permanently-installed/portable engine-driven pumps,the design includes provisions for manual start-up.[S WF46.422
kir 77. Where independent substations are used for emergency power,each separate substation and its associated transmission lines
is designed to be capable of starting and operating the pump station at its rated capacity.[RSWF 46.44]
Force Mains
78. Ponce mains are designed to maintain,at design pumping rates,a cleansing velocity of at least 2 feet per second. The
minimum force main diameter specified for raw wastewater is not less than4 inches.[RSWF 48.0
79. The design requires: I)branches of intersecting force mains be provided with appropriate valves such that one branch may be
shut down for maintenance and repair without interrupting the flow of other branches;and 2)stubouts on force mains,placed in
anticipation of future connections,be equipped with a valve to allow such connection without interruption of service. [62-
604.400(2XQ,F.A.C.I
80. The design requires air relief valves be placed at high points in the force main to prevent air locking.[RSWF 48.2]
81. Specified force main pipe and joints are equal to water main strength materials suitable for design conditions. The force
main,reaction blocking,and station piping are designed to withstand water hammer pressures and stresses associated with the
cycling of wastewater pump stations. [RSWF48.4]
82. When the linen and Williams formula is used to calculate friction losses through force mains,the value for"C"is 100 for
unlined iron or steel pipe for design. For other smooth pipe materials,such as PVC,polyethylene,lined ductile iron,the value for
C does not exceed 120 for design.[RSWF48.61]
83. Where force mains are constructed of material which might cause the force main to be confused with potable water mains,
specifications require the force main to be clearly identified. [RSWF 48.7]
84. Leakage tests for force mains are specified including testing methods and leakage limits.[RSWF48.8]
"RSWF=Recommended Sandardsfor Wastewater Facilities(1997)as adopted by rule 62- 04300(5)(c).F.A.C.
B. Explanation for Requirements or Standards Marked"X"in II(5)A.Above(Attach additional sheets if necessary):
Items 7-19: No gravity sewers included in design
Items 20-26: No manholes included in design
Items 27 through 33: No stream crossings in this project
Item42: No sewer>30"in design
Items 54-58: No ventilation system in design
tie Items 63-64: N suction lift pump station in design
DEP duo 62404.3A{801
E9atireNa+nOx 0.IDO
Page 7 of,
•
PART III-CERTIFICATIONS
(I)CollectioNPtansmicsion System Permittee
I.the undersigned owner or authorized representative'of New Stock Island Properdes,LW
am fully aware that the statements made in this application for aconmucfon permit are tone,correct and complete to the best of my knowledge and belief.
I agree to retain the design engineer or another professional engineer registered in Florida,to conduct on-site observation of constnrction.to prepare a
certification of completion of construction, and to kw record drawings for adequacy. Further, 1 maintenance manual for the faciljjgq_pprsuant to RI 62.604. agree to provide d appropriateori examine
and
prepare if desired)the manual I am(ul] Department
approvalp mut be totained bea fore
this proal ject
agiaeediricefda DJ ny p rpose(ohm
than testing for leaks m he a t{ Y °floe Deportment must be obtained before thispmject is placed into service form
B QI Poet o 6 ion.
any purpose other
Signed G Dale �/1/�Name
Title Chief Executive car
'Attach a knerufarahorizanon
(2) Owtterof CollectioM'ransmission System
I,the undersigned owner or authorized rep - • *of N
Owner of thisP I land Propel' MC
project after it is onto � m' certify that we will be the
Department toles, Also I rr ,Y operate and maintain this project in a pro ect.comply with agree we r f Pd( TY coif we sell or legally trarrsferbaaD,a)g5tr Y applicable
Signed / Date !/CC//_ //T? of•Pm)m.
Name Michael Mann Title
Company Name New Stock bland Properties.LLC
Address 7009 ,Shrimp Road,Suite
City Key West State Florida Zip 33041
• Telephone 305-294-2288 Fax 305-292-2136 Email*Attach a Wier of authorization. tmnann®Oldieamlharboncom
(3) Wastewater Facility Serving Collection/Transmission Systems'
If this is a Notice of Intent to use a general permit check here:
fl The undersigned owner or authorized representatives of the wasewata facilityherebycertifies that the above ref has the capacity to receive the wastewater generated by thes referenced facility
of Rule 62800.405,F.AC.;is not under a Departmentproposedwithcode ffluentviincon,or the
wIWty to
wartewatsreportrequy;and srequiredorder associated 3, effluent applicable ity treat wastewater adequately;and
wilt provide the necessary treatment and disposal as by Chapter 403,P.S.,and applicable Department riles.
If this is an application-n for an Individual pemrit check one:
® The undersigned owner or authorized representative'of the KWRU wastewater facilityherebycertifies that the above referenced has and will have adequate reserve oegfired b equ capacityme to lecept the flow from this project and will provide the necessary treatment and disposal as required by
Chapter 403,F,S,and applicable Department roles.
❑The undersigned owner or authorized representative of the wastewater facility hereby ratifies that the above ref
ity
omerdly does not have,but will havereformed tom
prior to placing the proposed project b into o403.RS.adequate reserve capacityaccept project and will provide fix necessary treatment and disposal as required by Chapter 403.F.S.,and applicable Department uuldy the flow from this
Name of Treatment Plant Serving Project KWRU W W TP
County Monroe City Key West
DEP permit numbs FLA014951 Expiration Date: 10 April2010
Maximum monthly average daily flow over the last 12 month period 0428 MOD
Maximum three-month avenge daily flow over the last 12 month paned 0.398 MOD Month(s)
used 12N7-02Ag
)used tIa07-02J09
Current permitted capacity0499 MOD ®AMDF ❑MADE❑TMADF
Curren outstanding flow commitments(including this project)against treatment plant capacity: 5023 gpd. Flow from this project only.
Signed Date
Name Doug Carter Tide General Manager
Address 6630 College Road
( City Key West State Florida Zip 33040
�i Telephone 305-294-5232 305-294-1212 Email don @ke Ash a leierofaehonmdat Fax 8 Ywtstgolfmm
Dre Fano al®lbxaxa
tame au,aafa am
Page 8 of
' MI Professional Engineer Registered in Florida
I,the undersigned professional engineer registered in Florida,certify that I am in responsible charge of the preparation and rod of engineering documents for this project;thatplans andproduction
specifications the fors this project here been completed:that I havedesign
expertise in the
designc of wastewater with thehllreuireest offiCh p er62-and Nat.to best of my knowledge and belief,the engineering design for this
project complies requirements Chapter 62-604,F.A.C. (Affix .i&t1)
Signed
Date
Name It Jeff Weiler Florida Registration No. 46027
Company Name Weiler Engineering Corp
Address 20020 Veterans Boulevard,Suite 7
City Pon Charlotte State Florida Zip 33954
Telephone 941-764-6447 Fax 941-764-8915 Email jeff@weikrengjnewring.org
Portion of Project for Which Responsible All Utility Design
(As;itLl1)
Signed
Date
Name Florida Registration No.
Company Name
Address
City State
Telephone Fax Email
Zip
Portion of Project for Which Responsible
( tltt1)
Signed
Date
Nara. Florida Registration No.
Company Name
Address
City State
Telephone Fax Email
Zip
Potion of Project for Which Responsible
near ru,m 6Ea0431:00xo
vwa:2tta.=nm4 2013
Page 9 of 9
Exhibit 5
Military Compatibility
While Monroe County does not currently have military compatibility policies adopted within the
Comprehensive Plan, the County's Land Development Regulations include an overlay district that
regulates uses around, adjacent, and in the approach zones of military airports (See Section 130-121,Air
installation compatible use zones overlay). The 1977 Air Installation Compatible Use Zones (AICUZ)
overlay district, which is adopted and utilized by Monroe County, establishes noise rating (CNR) zones
and accident potential zones (APZ).
Based upon the County's GIS boundary of the 1977 AICUZ, a portion of the property falls within the
Cl zone(Accident potential zone C, low noise impact, CNR zone 1).
•
QQ r
10_i34a0':::+11 g• :.:. .
i-` r .- V. la t. 11� ~ yJ
1.52 ac
The Cl zone has the following restrictions:
No New Development- Residential mobile home, low density(1-6 du/a), residential medium
density(6-12 du/a) and residential high density(12-36 du/a)
Restricted New Development—Commercial Resort*
*It is the County's understanding that transient development would fall under the Commercial
Resort Land Use identified the Land Use Matrix by the Navy.
Based upon the County's GIS boundary of the 1977 AICUZ, Naval Air Station Key West may provide
comments recommending that the portion of the property within the Cl noise zone not have its FLUM
designation changed to Mixed Use Commercial.
11111)
The following table provides the development potential calculations as well as the net change in density
and intensity by Future Land Use Map Designation. This calculation is based on 1977 AICUZ with a
portion of the property remaining Industrial (portion within the AICUZ) and the other portion as Mixed
Use/Commercial:
FLUM Type Adopted Standards Development Potential
Residential 1 du 1 unit
Allocated Density/Acre
Industrial
FLUM Transient
Allocated Density/Acre 0 rooms/spaces 0 rooms/spaces
1.52 acres
Nonresidential 0.25-0.60 FAR 16,552 sf—39,726 sf
Maximum Intensity
Proposed FLUM Type Adopted Standards Development Potential
Residential 1-6 du 10—64 units
Allocated Density/Acre
Mixed Use/
Commercial Transient
FLUM Allocated Density/Acre 5-15 rooms/spaces 53-160 rooms/spaces
4111,
10.73 acres
Nonresidential 0.10-0.45 46,739 sf—210,329 sf
Maximum Intensity
Note: The above table provides an approximation of the development potential for residential,
transient and commercial development.
Please note, Section 130-156 of the Land Development Code states: "The density and intensity
provisions set out in this section are intended to be applied cumulatively so that no development
shall exceed the total density limits of this article. For example, if a development includes both
residential and commercial development, the total gross amount of development shall not exceed the
cumulated permitted intensity of the parcel proposed for development. "
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111110 Additionally, Naval Air Station Key West released an AICUZ Report in 2007. While the 2007 AICUZ
is not part of the Monroe County Comprehensive Plan or Land Development Regulations, based upon
the County's GIS boundary of the 2007 AICUZ, a portion of the property falls within the Noise Zone 2
(65-69 DNL) of the 2007 AICUZ.
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restrictions on the development of residential and transient uses. There are exceptions provided in the
AICUZ study which include the following:
a)Although local conditions regarding the need for housing may require residential use in these
Zones, residential use is discouraged in DNL 65-69. The absence of viable alternative
development options should be determined and an evaluation should be conducted locally prior
to local approvals indicating that a demonstrated community need for the residential use would
not be met if development were prohibited in these Zones.
b) Where the community determines that these uses must be allowed, measures to achieve and
outdoor to indoor Noise Level Reduction(NLR) of at least 25 dB in DNL 65-69 should be
incorporated into building codes and be in individual approvals; for transient housing a NLR of
at least 35 dB should be incorporated in DNL 75-79.
c)Normal permanent construction can be expected to provide a NLR of 20 dB, thus the
reduction requirements are often stated as 5, 10 or 15 dB over standard construction and
normally assume mechanical ventilation, upgraded Sound Transmission Class (STC)ratings in
windows and doors and closed windows year round. Additional consideration should be given
to modifying NLR levels based on peak noise levels or vibrations.
d)NLR criteria will not eliminate outdoor noise problems. However,building location and site
planning, design and use of berms and barriers can help mitigate outdoor noise exposure NLR
particularly from ground level sources. Measures that reduce noise at a site should be used
wherever practical in preference to measures that only protect interior spaces.
Based upon the County's GIS boundary of the 2007 AICUZ, Naval Air Station Key West may provide
comments recommending that the portion of the property within the Noise Zone 2 (65-69 DNL) not
have its FLUM designation changed to Mixed use Commercial.
The following table provides the development potential calculations as well as the net change in density
and intensity by Future Land Use Map Designation. This calculation is based on 2007 AICUZ with a
portion of the property remaining Industrial (portion within the AICUZ) and the other portion as Mixed
Use/Commercial
FLUM Type Adopted Standards Development Potential
Residential 1 du 5 unit
Allocated Density/Acre
Industrial
FLUM Transient 0 rooms/spaces 0 rooms/spaces
Allocated Density/Acre
5.33 acres
Nonresidential 0.25-0.60 FAR 58,043 sf-139,304sf
Maximum Intensity
Proposed FLUM Type Adopted Standards Development Potential
Residential 1-6 du 6—41 units
Mixed Use/ Allocated Density/Acre
Commercial Transient
FLUM Allocated Density/Acre 5-15 rooms/spaces 34-103 rooms/spaces
6.92 acres Nonresidential
Maximum Intensity 0.10-0.45 30,143 sf—135,645 sf
Note: The above table provides an approximation of the development potential for residential,
transient and commercial development.
Please note, Section 130-156 of the Land Development Code states: "The density and intensity
provisions set out in this section are intended to be applied cumulatively so that no development
shall exceed the total density limits of this article. For example, if a development includes both
residential and commercial development, the total gross amount of development shall not exceed the
cumulated permitted intensity of the parcel proposed for development. "
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r Further, Monroe County is processing amendments to the Comprehensive Plan to address military
compatibility. These proposed amendments include the creation of an overlay to the Future Land Use
Map Series identifying the Military Installation Area of Impact (MIAI); within which growth
management policies shall guide land use activities and uses in areas exposed to impacts generated by
Navy operations.
Proposed MIAI overlay is as follows:
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Within the proposed boundary, the density and intensity standards and land uses established by the
Future Land Use Element and Future Land Use Map (based upon the effective date of the proposed
policies) for properties located within the MIAI overlay shall be recognized and allowed to develop to
the maximum development potential pursuant to the standards existing on the effective date of the
proposed military compatibility policies. Further, Monroe County proposes to maintain the Future Land
Use Map (FLUM) designation, for any application received after the effective date of the proposed
policies, for properties located within the MIAI overlay. The proposed policy states: FLUM
amendments that increase density or intensity within the proposed MIAI overlay boundary received after
the effective date of the proposed policies are not permitted unless Monroe County transmits the
requested FLUM amendment to Naval Air Station Key West (NASKW) with a noise study showing the
property is not within a noise zone or land use incompatibility area based on the uses proposed and can
be excluded from the MIAI overlay. The NASKW commanding officer or his or her designee may
provide comments, within 30 days, to Monroe County on the proposed amendments.
EXHIBIT i6
STOCK ISLAND/KEY
HAVEN LIVABLE
COMMUNIKEYS MASTER
PLAN VOLUME I
AMENDMENT
Ln
Draft Stock Island/Kev Haven Livable CommuniKevs Master Plan —
key Residential Residential Zoning Districts Total#Parcels #Vacant ParcelsTotal Acreage
Suburban Residential 7 7 53
Improved Subdivision 612 118 121
Urban Residential 15 15 2
Urban Residential Mobile.Home 557 32 57
Urban Residential Mobile Home Limited 27 0 34
1218 172 267
Table includes bolls Slock Island and Key Haven
Improved Subdivision (IS) and Urban Mobile Home (URM) zoning districts have allotted
densities of one (1) dwelling unit per lot Based on the table above, there is the potential for
approximately 150 more homes on Stock Island and Key Haven. This number is relative and
does not consider any environmental constraints that may be placed on lots. For example,some
of the IS lots may have wetlands on site, and may not be suitable for building. The
environmental resources section will address any environmental constraints that need to be
considered for future development.
Many of the residential uses and structures are considered to be nonconforming, due to the
zoning, density, siting, or with regard to FEMA regulations. These nonconfotmitles have
occurred due to changing regulations over time, smaller than average size parcels compared to
other areas of the Keys and the one-size-fits-all approach of the Monroe County Development
Regulations. Through the development and implementation of this CommuniKeys Plan, this
Plan will allow for accommodation of these nonconformities through mote tailored and flexible
policy goals and recommendations for the communities of Stock Island and Key Haven.
Commercial and Industrial Uses
The following chart shows each commercial/industrial zoning classification and its
corresponding number of parcels.
Commercial and Industrial Zoning Districts
Total # Parcels # Vacant Parcels Total Acreage
Mixed Use 319 38 246
Urban Commercial 15 15 2
Suburban Commercial 25 23 11
(Recreational Vehicle 2 0 12
Marine Industrial 24 0 142
385 76 413
Table Includes bat Skek Island and Key Haven
There are a total of 413 acres of commercial and industrial-zoned land. All of the 142 acres of
land zoned for Industrial uses are developed and located on Stock Island. Stock Island has more
MU zoned areas than any other zoning classification. The purpose of the Mixed Use(MU)land
use district is to establish or conserve areas of mixed uses, including commercial fishing, resorts,
NW residential, institutional, and commercial uses. These areas are representative of the character,
Version:July 13,2006 Page 7 of54
Draft Stock Island/Key Haven Livable CommuniKeys Master Plan
economy, and cultural history of the Florida Keys. The MU zoned areas of Stock Island include
all of the above defined uses, except resorts, since there are no resorts on Stock Island or Key
Haven.
Commercial Uses
This section includes all commercial uses other than industrial. Unlike many other communities
in the Lower Keys, Stock Island and Key Haven have a US 1 commercial corridor as well as
commercial uses and corridors throughout Stock Island. The planning department has identified
Maloney/MacDonald Avenue and r Avenue as the primary infra-island commercial corridors.
These corridors will be studied further to determine appropriate policies and recommendations
for these areas.
There are several small-scale strip type commercial developments found throughout Stock Island
which include a variety of uses ranging from office space to convenience stores, Stock Island
has many of the commercial needs within walking or a short drive from the residential sections
of'the island. There are also a number of restaurants and retail services located throughout the
island. Again, the majority of the uses are zoned Mixed Use (MU) in addition to Suburban
Commercial(SC)and one parcel of Urban Commercial(UC),which is currently vacant.
There are 162 parcels taxed as commercial uses with a total taxable value of$57,079,912 in
2003. The 2002 taxable value was$49,281,172. This equates to a difference of$7,798,740 or a
13%increase in the taxable value of the land.
Industrial Uses
`- Industrial uses are defined as those uses devoted to the manufacture, warehousing, assembly,
packaging, processing, fabrication, storage, or distribution of goods and materials whether new
or used,or the refinishing,repair,or rebuilding of vehicles or boats.
There are several different industrial uses and sites located throughout Stock Island. Key Haven
does not have any industrial uses or sites due to the residential nature of the subdivision. There
are industrial sites throughout Stock Island with the majority of the uses located in the central
section of the island. All of the industrial uses are zoned Mixed Use (MU) or Maritime
Industrial(MI).
A majority of the Stock Island industrial uses are associated with maritime uses such as boat
repair, boat construction and other shipping related activities. Commercial fishing outfits are
also located within this classification and located within the Safe Harbor area. The total taxable
value of all industrial uses as assigned by the Monroe County Property Appraiser for 2003 is
$28,541,363. The total taxable value for 2002 was $24,875,684. There was an increase of
j3.665,679 or a 12%increase in the taxable value of the land.
The Maritime Industrial (MI) zoning district establishes and conserves areas suitable for
maritime uses such as ship building, ship repair, and other water-d.P..udant manufacturing and
service uses. It should also be noted that MI zone permits certain non-maritime uses as well,
such as commercial apartments, retail commercial, and hotels. There are 142 acres and 24
parcels of MI zoned land. It must be noted that the area stated here may be higher than actual
land that is present, due to the amount of bay bottom that is included as part of the parcel
calculations.
hlior
Version;July 13.2006 Page a of 54
Draft Stock Island/Kev Haven Livable CommuniKeys Master Plan
41111,.... The Safe Harbor and Peninsular port areas are home to the largest concentration of maritime
industry and commercial fishing in Monroe County. These port areas are spatially defined in the
Comprehensive Plan and have applicable and specific 2010 Comprehensive Plan policies. The
County has contracted with the firm Wallace, Roberts, and Todd (WRT) to develop the Stock
Island Harbor Preservation/Redevelopment and Lttra-Island Corridor Enhancement Plan,which
will compliment and work in concert with the Stock Island and Key Haven Livable
CommuniKeys Master Plan.
Institutional Uses
Key Haven does not have any land zoned for institutional uses. There are 1.4 acres of land
zoned for and developed with institutional uses on Stock Island. The institutional uses include:
The Key West Baptist Temple and Temple Christian Pre-school, the Covenant Word Church,
and the.Lighthouse Christian Academy.
Public Land
This classification includes land owned by government entities and public utilities. There are a
total of 48 acres of land. The uses associated with the acres include affordable housing
(operated through the Monroe County Housing Authority), utilities, conservation lands, and
parks. The affordable housing and public utility uses are located on Stock Island while public
parks are located both on Stock Island and Key Haven:
Historic and Environmental Setting
The City of Stock Island was Monroe County's shortest lived City. The exact geographic
boundary is unknown, however freeholders approved incorporation in July 1963 only to have
k Circuit Judge Aquilino Lopez Jr.overturn the election March 26, 1964(http://www. Keyshistory
�r .org/monroecounty.html).
The present day size and development pattern of Stock Island and Key Haven are primarily a
result of dredge and fill. Much of this filling and development occurred since 1950. Because the
Islands' history is so heavily human-influenced, there are few truly "natural" areas or native
plant or animal species except the tree snail and occasional crocodile.
Historically, Stock Island supported the largest population of Stock Island Tree Snails. Habitat
destruction and modification, pesticide use and over-collection forced the tree snail to join the
list of threatened species by the U.S. Fish and Wildlife Service on July of 1978. The population
continued to decline and was removed in 1997. Beginning in October of 2000, the Stock Island
tree snail had been relocated to public and private property throughout the Florida Keys and
remaining populations are currently being monitored and tended to.
Goal 106—Smart Growth
Goal 105 was introduced throughout unincorporated Monroe County in 2002. This is a smart
growth initiative brought forward by the Planning Department as a way of implementing the
Florida Keys Carrying Capacity Study. The original objectives of Goal 105 designated land into
three (3) tiers according to priority for acquisition. Numerous public workshops and public
hearings led to the final tier system, which will consist of four (4) Tiers including Tier 3A.
Acquisition by the County was to be either for conservation or for development of affordable
workforce housing.
kir Tier 0 lands are submerged lands or Right-of-Way. Tier 1 lands are the most environmentally
sensitive and the first priority for acquisition by State and Federal Agencies. Publicly owned
Version:July 13,2006 Page 9 of 54
EXHIBIT /7
yos, o�
fair F S;
MONROE COUNTY PLANNING COMMISSION
RESOLUTION NO.46-11
A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION
RECOMMENDING TO THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS THAT IT NOT TRANSMIT TO THE STATE LAND
PLANNING AGENCY AN ORDINANCE BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS AMENDING THE FUTURE LAND USE MAP
(FLUM) DESIGNATION FROM INDUSTRIAL (I) TO MIXED USE
COMMERCIAL (MC) FOR THREE PARCELS OF LAND ON STOCK ISLAND,
HAVING REAL ESTATE NUMBERS 00123760-000200, 00173720-000100 AND
00123720-000200; LOCATED AT 7009 SHRIMP ROAD, SOUTH STOCK
ISLAND.
isorWHEREAS,the Monroe County Development Review Committee considered the proposed
amendment at a regularly scheduled meeting held on the 17th day of October, 2011; and
WHEREAS, at a regularly scheduled meeting held on the 1st day of December, 2011, the
Monroe County Planning Commission held a public hearing for the purpose of considering the
transmittal to the State Land Planning Agency,for review and comment, a proposed amendment
to the Monroe County Year 2010 Comprehensive Plan; and
WHEREAS, Longstock II, LLC, has requested to amend the FLUM designation from
Industrial to Mixed Use/Commercial (MC) for three (3) parcels (00123760-000200, 00123720-
000100 and 00123720-000200)on Stock Island;and
WHEREAS,the Monroe County Planning Commission makes the following findings of fact
and conclusions of law:
1. Longstock II, LLC, requested a Future Land Use Map amendment from Industrial to
Mixed Use/Commercial (MC) for three (3) parcels (00123760-000200, 00123720-000100
and 00123720-000200)on Stock Island.
2. Working waterfront uses are considered mainly as industrial uses and the requested
amendment may impact working waterfront uses, commercial fishing uses and public access.
ilkor File Number 2011-103
ResoluEan No.46.11
I
3. The County has not adopted Comprehensive Plan amendments to further protect and
preserve working waterfront uses and the proposed amendment by Longstock II, LLC may
impact working waterfronts and any such amendments should not be considered on a
piecemeal basis.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
MONROE COUNTY,FLORIDA:
[Amendments are presented in strikethreugh to indicate deletions and underline to indicate
additions to text. All other words, characters, and language of this subsection remain un-
amended.]
The Future Land Use Map amendment,attached hereto as Exhibit A,to the Monroe County 2010
Comprehensive Plan is not recommended for transmittal to the State Land Planning Agency
or adoption by the Board of County Commissioners.
PASSED AS NOT RECOMMENDING TRANSMITTAL by the Monroe County Planning
Commission at a regular meeting held on the lrt day of December,2011.
Denise Werling,Chair Y
Randolph D.Wall,Vice Chair y
Jeb Hale,Commissioner
Elizabeth Lustburg,Commissioner I
William Wiatt, Commissioner
PLANNING COMMISSION OF MONK E COUNTY,FLORIDA
By !/iwu.._�
Denise Werling,Chair
Signed this a4sFA day of Tr3 n an a
Monroe County Planning Commission Attorney
Approved As To Form
Date ( n/74
', Fie Number 2011.103
Resolution No.4 -11
2