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Item S04BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 21, 2012 Division: Growth Management _ Bulk Item: Yes _ No X Department: Planning and Env. Resources Staff Contact/Phone #: Tiffany Stankiewicz 289-2513 Michael Roberts 289-2502 AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for John W. & Glenda Akins and John K. Akins R/S on NLY 51.5 FT of Lot 26 and all Lot 27, Block 1, Doctors Arm, Big Pine Key, Real Estate Number 00310280.000000. Applicants requested relief in the form of restoration of flood zone points deducted. ITEM BACKGROUND: A building permit was applied for on 1/31/2007 and a ROGO application was applied for on 6/12/2007. A scoring error was found on the ROGO Application in regards to the flood zone points and the scoring was corrected on 4/27/2009. The applicant applied for administrative relief on 1/9/2012 and is within the allowable time frame to be eligible for administrative relief under Section 138-27(g) of the Monroe County Code. (g) Board of county commissioners action. At the conclusion of the public hearing the board of county commissioners may take any or a combination of the following actions: (1) Offer to purchase the property at its fair market value as its preferred action if the property is located within: a. A designated tier I area,- b. A designated tier II area (Big Pine Key and No Name Key); C. A designated tier III -A area (special protection area); or d. A designated tier III area on a nomvaterfront lot suitable for affordable housing. (2) Grant the applicant an allocation award for all or a number of dwelling units requested in the next succeeding quarterly allocation period or extended pro rata over several succeeding quarterly allocation periods as the preferred action for buildable properties not meeting any of the criteria in subsection (0(1) of this section. (3) Suggest or provide such other relief as maybe necessary and appropriate. The property is in Tier 2. The property is not on the FEMA Injunction List. As of Quarter 3 Year 20 this application's market rate ranking was #31 out of 38 applications in the Big PinelNO Name Keys subarea. If the owner does not accept the offer provided by the Land Authority, the property remains in ROGO. The application will continue to earn perseverance points pursuant to the vesting provision for applications in the ROGO system prior to the effective date of Ordinance 09-2006. After the application has been in ROGO 5 years, it will begin earning 2 perseverance points per year for each year thereafter that the application remains in the ROGO system. The applicant may amend the ROGO application to increase points through land dedication or purchasing points. Staff recommends that administrative relief be awarded in the form of a purchase offer by the Monroe County Land Authority. PREVIOUS RELEVANT BOCC ACTION: NIA CONTRACT/AGREEMENT CHANGES: NIA STAFF RECOMMENDATIONS: Approval in the form of a purchase offer by the Monroe County Land Authority and deny restoration of flood zone points deducted TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes N/A No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes _ No _ AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management N/A DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM #, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: Monroe County Board of County Commissioners From: Tiffany Stankiewicz, Development Administrato Michael Roberts, CEP; PWS, Sr. Administrator Environmental Resources Through: Townsley Schwab, Director of Planning & Environmental Resources Date: August 24, 2012 Subject: Request for Administrative Relief for Akins NLY 51.5 FT of Lot 26 and all Lot 27, Block 1, Doctors Arm, Big Pine Key, Real Estate No. 00310280.000000 Board of County Commissioners Meeting Date: September 21, 2012 I. BACKGROUND The applicant is eligible for Administrative Relief, has complied with all requirements of the dwelling unit allocation system, has been considered in the first sixteen consecutive quarterly allocations and has not received an allocation award. Relief Requested: The relief requested is a restoring of the application to restore points deleted for the VE zone (4), when the parcel was originally scored as AE, and any additional points for time passed. (The perseverance points have accrued annually in accordance with the Monroe County Code and have been included.) The Applicant also requested relief in the form of an allocation. Date Entered ROGO: 6/12/2007 Date Entered Administrative Relief. 1/9/2012 Date Amended Administrative Relief Application recieved: 8/23/2012 Tier Score: 10 Tier 2: 10 Flood Zone "V" (MCC Sec. 138-28(6)) -4 Perseverance: 4 This application was ranked #31 in Quarter 3 Year 20. Page 1 of 6 07100485 Reviewed by I II. CURRENT CONDITIONS 2 3 Location: NLY 51.5 FT of Lot 26 and all Lot 27, Block 1, Doctors Arm, Big Pine Key, 4 Real Estate No. 00310280.000000 5 6 Owner: John W. & Glenda Akins and John K. Akins R1S 7 8 Applicant/Agent: Law Office of Ray Garcia, P.A. 9 10 Land Use District: Commercial Fishing Special District 8 (CFSD 8) 11 12 FLUM: Mix Use/Commercial Fishing (MCF) 13 14 Tier: 2 15 16 Property is not on the FEMA Injunction list. 17 18 2011: Total Assessed Value: $80,313.00 Purchase Price in 3/6/2009: Quit Claim Deed 19 documentary stamps do not indicate a price 20 21 III.Additional Relevant Information: 22 23 A. Habitat 24 The property is located in Tier 2 and is considered vacant according to the Monroe 25 County Property Appraiser Record card. Water and electric are available. The habitat 26 consists of "developed land" and is scarified, partially filled land. Vegetation on the 27 property consists of species common to low disturbed properties in the Keys including 28 broom grass (Andropogon glomeratus), beggar ticks (Bidens alba), sandspur (Cenchrus 29 spp.) and salt grass (Distichlis spicata). Many of the species on the property are 30 considered wetland indicators; however Environmental Resources staff has not conducted 31 a detailed assessment of the parcel to determine the extent of jurisdictional wetlands. The 32 parcel is not on the Wetland Lot list, and any wetland communities on site (if present) 33 would be classified as disturbed salt marsh and would have a KEYWEP score below a 34 7.0, making them suitable for development with appropriate mitigation under Monroe 35 County Land Development Code 118-10(f). While the parcel is NOT on the FEMA 36 injunction list, it is listed as potentially suitable habitat for both the Key deer and the 37 Eastern Indigo snake. The parcel also falls within the buffer area for the Lower Keys 38 marsh rabbit, but in accordance with the Habitat Conservation Plan for Key Deer (HCP), 39 development is not restricted on this parcel as it falls within the "green hatched" area of 40 Figure 2.2 of the HCP and development is permitted within these areas. 41 42 43 B. H Value 44 The H value for parcel 00310280-000000 is 0.0013, and mitigation for this parcel, if it 45 were to be developed with a single family residence, would be 0.0039. As of December, 46 2011 (the date of the last monitoring period), covered activities had consumed 0.3694 Page 2 of 6 Reviewed by 07100485 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 (33% of authorized impact under HCP) and mitigation acquired was 2.105 (63% of total required for life of HCP). Factoring in pending permits (allocations and permits currently on hold) and parcels currently competing in ROGO, and the total potential H impact for all current applications for development would be 0.6584 and the mitigation necessary to compensate for this level of impact would be 1.97 H. As stated previously, the County has already acquired 2.1054 H, and the BOCC recently authorized the Land Authority to purchase parcels from the Nature Conservancy that collectively have a H value of 0.1915 resulting in a total mitigation H total of 2.297 (see table below). Summary of H impacts and mitt ation June 8 2012 Cumulative H impact 0.3694 Pending H impact 0.2361 Competing ROGO H impact 0.0529 TOTAL POTENTIAL H impact 0.6584 Mitigation Required 1.97515293 Current Mitigation Acquired 2.1054 Mitigation Pending TNCparcels) 0.1915 Current + Pending Mitigation 1 2.2969 See Exhibits A-K (attached) relevant to the above information in Sections I, II, and III. IV. Previous Action by Owner Four contiguous parcels were submitted into ROGO on June 12, 2007. One of the properties (RE# 00310220.000000) was mistakenly marked by the surveyor as being in the AE flood zone and scored as AE. The subject property was clearly marked as VE on the applicants' own survey and site plan. It was similarly scored, although the property was actually in a VE zone, requiring a deduction of 4 points The property owner was notified of the scoring error on all four parcels by letter dated April 27, 2009, by certified mail, which receipt was returned as received (Exhibit L). Four more quarterly allocations by the Planning Commission were made in 2009-10 using the correct points moving the properties down on the ranking list from 22, 23, 24, and 25 to 40, 41, 42 and 43 at the time of the appeal to the BOCC which was filed after the March 10, 2010 Planning Commission rankings. The property owner(s) ("Applicant") filed an appeal to the Board of County Commissioners (BOCC) pursuant to Sec. 138-1(a) of the Monroe County Code, which allows appeals from the quarterly ROGO awards by the Planning Commission to the BOCC. The appeal alleged non -receipt of the notification letter lowering the scores on the ROGO application. The appeal was scheduled for July 21, 2010, before the BOCC but was withdrawn by the applicant and was not rescheduled by the applicant. No appeals have been received by the Department from any other Planning Commission ranking for other quarters. (See Exhibits K-O) In October, 2010, the applicant, represented by the Law Firm of Ray Garcia, requested a continuance of the next Planning Commission public hearing for ROGO Allocations scheduled for October 6, 2010. The public hearing for Big Pine Key and No Name Key was continued until October 19, 2010, at which time Attorney Alexis Rodriguez appeared on behalf of Mr. Akins asking for an extension to contest the flood plain points. The Planning Commission accepted the staff recommendation to approve the rankings. (See Exhibits P-U) Page 3 of 6 Reviewed by 07100485 The chart below shows a chronology of activity related to the subject application. AppReation No. 071E00485 Real Estate No. 00310280,000000 Building Application Date for single- Jan. 31, 2007 Family Residence The Applicants Building Plans Pre Tier System minus 6 for VE flood zone Indicated flood zone deduction points Survey from Lawrence P. Frank Entire property in VE zone. dated Dec. 4, 2006 indicated property flood zone. Building Department reviewed plans Reviewed for VE zone construction for AENE Zone construction. Building Department forwarded June 6, 2007 application to Planning to contact applicant to enter ROGO. Date ROGO Application submitted June 12 2007 Initial scoring of ROGO Application ROGO Application scored as if in AE Zone for Quarter that closed July 2007. Scoring Error discovered EarlX A ri12009 post Tier System should have indicated 4 points Date certified letter sent regarding April 27, 2009 scoring error Date return recei t was signed May 15 2009 ROGO Rankings Quarter 3 Yr 17 Planning Commission Approved Resolution P23-09, June 10, 2009 indicated scoring correction ROGO Rankings Quarter 4 Yr 17 Planning Commission Approved Resolution P42-09, Sept. 2, 2009 stilt referenced the scoring correction ROGO Rankings Quarter 1 Yr 18 Planning Commission Approved Resolution P55-09, Dec. 15, 2009 continued with correct points ROGO Rankings Quarter 2 Yr 18 Planning Commission Approved Resolution PO4-10, March 10, 2010 continued with correct polnts Application Date for the Appeal of March 30, 2010 Applicant submitted appeal regarding the reduction of points Planning Commission decision to the Board of County Commissioners BOCC Staff Recommendation regarding Staff recommended the denial of the applicants' request. Appeal Appeal Scheduled to BOCC July 21 2010 Appeal Status July 20, 2010, notification from Lee Rohe, AttornSy to withdraw ROGO Rankings Quarter 3 Yr 18 Planning Commission Approved Resolution P 10-10, June 9, 2010 continued with correct points ROGO Rankings Quarter 4 Yr 18 Planning Commission Approved Resolution P21-10, September 8, 2010 continued with correct points ROGO Rankings Quarter I Yr 19 Planning Commission Approved Resolution P14-10, December 14, 2010 continued with correct points ROGO Rankings Quarter 2 Yr 19 Planning Commission Approved Resolution P09-11, March 9, 2011 continued with correct points ROGO Rankings Quarter 3 Yr 19 Planning Commission Approved Resolution P16-1 I, June 8, 2011 continued with correct points ROGO Rankings Quarter 4 Yr 19 Planning Commission Approved Resolution P26-11, September 14, 2011 continued with correct points Administrative Relief Application January 9, 2012. Administrative Relief sought is the return of flood zone points Date because the applicant believes initial scoring based on the AE Flood Zone was correct ROGO Rankings Quarter 2 Yr 20 Planning Commission Approved Resolution P08-12, March 28, 2012 continued with correct points ROGO Rankings Quarter 3 Yr 20 As of this report the rankings are pending review. continued with correct points ]Page 4 of 6 Reviewed by 07100485 1 2 I. ELIGIBILITY AND OPTIONS 3 4 Eligibility for Administrative Relief Options: 5 Section 138-27 of the Monroe County Land Development Regulations and Policy 101.6.1 of the 6 2010 Comprehensive Plan provides a mechanism whereby an applicant who has not received an 7 allocation award in the ROGO system may apply to the Board of County Commissioners for 8 Administrative Relief The applicant is eligible for Administrative Relief having complied with 9 all requirements of the dwelling unit allocation system and having been considered in at least the 10 first sixteen consecutive quarterly allocation periods, and not having received an allocation 11 award. The application was timely submitted for administrative relief and the applicant has not 12 expressed a desire to sell the property to the County. However, the applicant has indicated he 13 believes the initial scoring of the ROGO Application was correct and the surveys were correct. 14 Thus, the Administrative Relief sought by the applicant is that "the property scoring be 15 corrected to reflect the points entitled to the applicant and subject property under an AE flood 16 scoring along with additional points that are in order for time passed". The applicant is also 17 requesting an allocation. The perseverance points (additional points requested) have been 18 accruing. 19 20 Below is a map showing the Flood Zone of the subject property. 21 of, 24 25 26 27 28 29 30 31 32 33 34 35 36 Subject Property (outlined in blue) (2012) White line shows separation of the AE Flood Zone and VE Flood Zone The subject property was marked VE by the surveyor. The VE designation for the subject property was/is correct. When development is proposed in the VE zone, the application receives a 4 point deduction. The applicant's plans show a single family residence in the VE zone. (See Exhibit V) The applicants are requesting that the BOCC determine the flood zone. The request is not appropriate since the BOCC does not determine flood zones and does not have the authority to revise flood zone designations. The Federal Emergency Management Agency (FEMA) determines the flood zones. The applicant would need to investigate the criteria to change the VE flood zone designation. Property owners may seek a Letter of Map Revision (LOMR) Page 5 of 6 07100485 Reviewed by I requesting a revision showing their property is located in a different flood zone. (There has 2 been a property in Doctors Arm that obtained a LOMR.) The applicants may contact Mary 3 Wingate, Senior Floodplain Coordinator, for additional information regarding this process. 4 5 ReIief Options under Administrative Relief- 6 The remedies available to the Board of County Commissioners for Administrative Relief 7 pursuant to Section 138-27 include: 8 9 a. Offer to purchase the property at its fair market value as its preferred action if the 10 property is located within: a) a designated Tier I area; b) a designated Tier II area 11 (Big Pine Key and No Name Key); c) a designated Tier III -A area (Special 12 Protection Area); or d) a designated Tier III area on a non -waterfront lot suitable 13 for affordable housing. 14 b. Grant the applicant an allocation award for all or a number of dwelling units 15 requested in the next succeeding quarterly allocation period or extended pro rata 16 over several succeeding quarterly allocation periods as the preferred action for 17 buildable properties not meeting any of the criteria in (1) above. 18 c. Suggest or provide such other relief as may be necessary and appropriate. 19 20 The Administrative Relief sought by the applicants requesting the scoring to reflect the points 21 entitled to properties located within the AE flood zone is inappropriate. The BOCC cannot 22 change the flood zone. Because the proposed development is located in a VE flood zone, the 23 code requires the four point deduction. 24 25 In the event purchase is recommended and the owner refuses the purchase offer, the 26 applicant may remain in the ROGO System and continue earning perseverance points 27 according to Monroe County Code Section 138-28. 28 29 V. RECOMMENDATION 30 31 It is recommended that the Board of County Commissioners find that the applicant has met the 32 criteria and qualifies for Administrative Relief. It is further recommended that a Resolution be 33 adopted that establishes this relief by an offer to purchase by the Monroe County Land 34 Authority. 35 36 Attachments: Index of Exhibits 37 Exhibits A to V 38 39 40 41 42 Page 6 of 6 Reviewed by 07100485 RESOLUTION NO. —2012 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY JOHN W. & GLENDA AKINS AND JOHN K. AKINS R/S ON PROPERTY DESCRIBED AS NLY 51.5FT OF LOT 26 AND ALL LOT 27, BLOCK 1, DOCTORS ARM, BIG PINE KEY, RE # 00310280.000000 IN THE FORM OF A PURCHASE OFFER FROM THE MONROE COUNTY LAND AUTHORITY. WHEREAS, John W. & Glenda Akins and John K. Akins R/S submitted an application for administrative relief under Sec. 138-27 of the Monroe County Land Development Regulations; and WHEREAS, the matter was considered at a public hearing before the Monroe County Board of County Commissioners (BOCC); and WHEREAS, the BOCC considered the staff report from Development Administrator Tiffany Stankiewicz and Senior Administrator of Environmental Resources Michael Roberts, along with the Exhibits A�through V and WHEREAS, the BOCC heard testimony from the applicant(s) and from the applicants' attorney , from the Law Office of Ray Garcia, P.A. 14850 SW 26`h Street, Miami, Florida; and WHEREAS, the public had an opportunity to speak; and WHEREAS, the Monroe County Board of County Commissioners makes the following findings of fact and conclusions of law: 1. The application for administrative relief from John W. & Glenda Akins and John K. Akins R/S is for NLY 51.5 FT OF LOT 26 AND ALL LOT 27, Block 1, Doctors Arm, Big Pine Key in Monroe County, Florida having RE# 00310280.000000. 2. The date of the ROGO application is 6/12/2007. 3. The ROGO allocation application has been in the ROGO system for at least four (4) consecutive years and qualifies for administrative relief under Policy 101.6.1 of the Monroe County Year 2010 Comprehensive Plan. 4. Monroe County Code (MCC) Section 138-27 provides a mechanism whereby an applicant who has not received an allocation award in ADMINISTRATIVE RELIEF RESOLUTION Page 1 of 3 RE# 00310280,000000 07100485 ROGO may apply to the Board of County Commissioners for administrative relief. 5. The Board of County Commissioners (BOCC) has the authority to grant administrative relief under Section 138-27(f) and may grant the applicant a building allocation, offer to purchase the property at fair market value, or provide such other relief as may be necessary and appropriate. 6. The applicant applied for administrative relief on 1/9/2012, under Section 138-27 of the MCC and Policy 101.6.1 of the 2010 Comprehensive Plan and filed an amended application on August 23, 2012.. 7. The relief requested was for the restoration of flood zone points which had been deducted from the ROGO application and/or (enough points for) a building permit. 8. The BOCC does not have the authority to change the flood zone or flood maps (Flood Insurance Rate Maps) which are determined by the Federal Emergency Management Agency. 9. Monroe County Code Sec. 138- 28 determines the scoring of ROGO applications for the respective flood zones. 10. The restoring of points to an application based on a mistake in the original scoring would be prejudicial to the ranking of other applications in the ROGO process. 11. The applicant(s)' ROGO application is correctly scored at the present time. 12. The relief requested by the applicant(s) for restoration of points is neither necessary nor appropriate. 13. Policy 101.6.5 of the 2010 Comprehensive Plan provides criteria to be used for determining lands that are appropriate for acquisition and the criteria includes the environmental sensitivity of the vegetative habitat on the lot and the applicable Tier designation. 14. The subject property has the land use district designation of Commercial Fishing Special District 8 (CFSD 8), is located in the Doctors Arm Subdivision and is located in a Tier 2 designated area. 15. Monroe County Code (MCC) Section 138-27(f) states the Board may offer to purchase property at its fair market value as the preferred action for property located within Tier 2. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: ADMINISTRATIVE RELIEF RESOLUTION Page 2 of 3 RE# 00310280.000000 07100485 Administrative relief is granted to John W. & Glenda Akins and John K. Akins R/S, for NLY51.5 FT OF LOT 26 AND ALL LOT 27, Block 1, Doctors Arm Subdivision, Big Pine Key in the form of a purchase offer by the Monroe County Land Authority. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 21" day of September, 2012. Mayor David Rice Mayor Pro Tem, Kim Wigington Commissioner Heather Carruthers Commissioner George Neugent Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ftm Mayor David Rice (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK ADMINISTRATIVE RELIEF RESOLUTION Page 3 00 RE# 00310280.000000 07100485 Ter Designation L" Use Designation F-labitat n OUNTY� OWROE �.� rna.agoo Environmental Resources This map is for use by the Monroe County Growth Management DMalon only, EXHIBIT INDEX AKINS ADNIINISTRATIVE RELIEF APPLICATION 07100485 Real Estate Number 00310280.000000 A. Maps (Aerial showing location, Tier, Zoning, Habitat, Species) (Flood Zone Maps) (Maps showing County/State owned properties) Pages 1-4 B. Photos of area Page 1 of 1 C. Property Record Card Pages 1-4 D. Monroe County Tax Bill Page 1 of 1 E. Page prints from Community Plus Pages 1-2 F. Utility Service (Keys Energy Service) Page 1 of 1 G. Utility Service (Florida Keys Aqueduct) Page 1 of 1 H. Page from FEMA Injunction List showing parcel is not on list Page 1 of 1 I. (1) Amended Administrative Relief Application (August 23, 2012) Pages 1-35 (2) Administrative Relief Application Pages 1-37 J. July 9, 2012 and August 21, 2012 email to Ray Garcia, Attorney Pages 1 of 2 K. ROGO Application Page 1 of 1 L. Notification Letter dated April 27, 2009 Pages 1 of 3 M. Appeal withdrawn from the July 21, 2010, BOCC meeting Pages 1-85 N. July 21, 2010, BOCC Revised Agenda Pages 1-14 O. July 21, 2010, BOCC Minutes Pages 1-16 P. Report to the Planning Commission dated September 27, 2010 Pages 1-57 Q. October 6, 2010, Planning Commission Agenda Pages 1-2 R. October 6, 2010 Planning Commission Minutes Pages 1-5 S. October 19, 2010 Planning Commission Agenda Pages 1-3 T. Third Parry Authorization Pages 1-3 U. October 19, 2010 Planning Commission Minutes Pages 1-6 V. Survey & Site Plan Pages 1-3 Tie- Designation Lard Use Designation I�abitat C otin�nrof 'MaNROE Environmental Resources This map is for use by the Monroe County Growth Subject Property: Akins Legend Adm. ReW RwAvusy wwow.Rowtion&—ti W Bow jundamw system) m AhJw pwoele wRhAdm. ReWfAwkml w Cw" Lards: hypes[2012 SU" Wds- Ayp st 2012 WPA.OBO.Pnrwl Pubk (road. (. .�nmmnnnnnnnnnnnnnnnnnn SubdhWan ens 2 $ zll d ® o L T§$ Jul11 09 cm W �3f■�+19J � #pM 4 :2 2 1 ���$ �� Lam. MA C 7 d ��u F�p $e �1111 a 3 � • .esE m ®® m m ® �. ®m6 01 w n Th P lit! psi r^ L a lit OWN y;® i qw Pf ® EiNj- d �.x .° b IN QQ WK fill .e m ® �g e d 000 yy MESA TINE ins ��®yy4,} dam•. "�'" _ ��� . ' I t ��7 1� � �, _"' �i S�q�ai � � + b� T� ® � m w re ai *t Ry $ ' a fi}t i ® .5"Squit Qi al, MIT p gowns . re. . an OWN m0 1 U b I m Z7323 w ss Property Search -- Monroe Cooperty Appraiser Page I of 4 irr— Aarl D. Borglum Property Appraiser Monroe County IF I Mailing Address; AKINS JOHN WAND GLENDA PO BOX 246 KEY LARGO, FL 33037 All Owners: AKINS JOHN K R/S. AKINS JOHN WAND GLENDA Website tested on Internet Explorer, PC Code: 00 - VACANT RESIDENTIAL Millage Group: 100H Affordable No Housing: Section -Township- 14-66-29 Range: Property Location, VACANT WITTERS LN BIG PINE KEY subdivision: DOCTORS ARM Legal Description: BK I NLY 51 5FT OF LOT 26 AND ALL LOT 27 DOCTORS ARM SUB P133-141 BIG PINE KEY OR409- 387185 OR788-1431 OR849-801/02 OR1 384-33 OR2101-1457 OR2404-841 QIC http://www.mcvafl.org/Pror)Search.ast)x 41A11A I I 11'rot)ertv Searc� -- !Aoxro-e-cm) Page 2 of 4 Parcel Map (Click W open d, partel mjap); Land Use Code Misc Improvement Details Nbr Type # units Width Year Built Roll Year Land Area 17,390 00 SF .................... ... Grade Llfe 41A Mnl') Property Search -- Monroe Count- 'Oroperty Appraiser 1 CL2:CH LINK FENCE 594 SF 99 6 1984 Appraiser Notes Page 3 of 4 1985 1 30 4120/2012 - PER MC BLDG DEPT SFR PERMIT REMAINS IN ROGO, NOT YET ISSUED (SA) CANALJOPEN WATER PARCEL REMOVED OVERRIDE AS LOT IS BEING USED. N'LY 515OF LOT 26 (RE 00310270-000000 AK 1382388) HAS NOW BEEN COMBINED NTH THIS PARCEL PER OWNE REQUEST, DONE FOR THE 2007TR 5108/07 (JDC) 2007/05 PERMIT# 07100485 FOR SFH IN PROCESS PER BLDG DEPT Roll Year Total Bldg Value Total MIsc Improvement Value Total Land Value Total Just (Market) Value Total Assessed Value School Exempt Value School Taxable. Value 2011 0 416 79,897 80,313 60, a 0 80.313 2010 0 416 121,730 122,146 122,146 0 122,146 2009 0 416 121 730 122,146 122,146 0 122.146 2008 0 416 131,120 131,536 131,536 0 131,536 2007 0 371 458,920 459,291 459,291 0 459291 2006 .......... 0 2,398 153,750 156,148 156,148 0 156,148 2005 0 2,442 153,750 156,192 156,192 0 156,192 2004 0 2,485 61,500 63,985 63,985 0 63,985 2003 0 2,528 53,813 56,341 56,341 0 56.341 2002 0 2,628 64,575 67,203 67,203 0 67,203 2001 0 2.746 64,575 67.321 67321 0 2000 0 1,679 64,575 66,254 66,254 0 66.254 1999 0 1,738 64,575 66,313 66,313 0 66,313 1998 0 1i809 64,575 39A63 39,463 0 39,463 1997 0 684 64.575 39,463 39.463 6 39.463 1996 0 718 64.575 39,463 39,463 0 39,463 1996 0 764 64575 65339 65,339 0 65.339 1994 0 798 64,575 65.3�; 65,373 0 65.373 1993 0 832 64,575 65,407 65,407 0 65,407 1992 0 878 64,575 65,453 65,453 0 65,453 1991 0 912 64,575 65,487 65,487 0 65,487 6/4/2012 Property Search -- Monroe County 13roperty Appraiser 1990 0 946 60,270 61,216 61 j216 0 61,216 1989 . 0 .. . .... ..... . . ....... 992 54,735 55,727 55,727 0 55,727 1988 0 1,026 30,750 31,776 31,776 0 31,776 1987 0 1,060 30,750 31,810 31,810 0 31,810 1986 0 1,106 30,750 31-856 31,856 0 31,8566 1986 0 0 26,400 26400 26,400 0 26,400 1984 0 0 26,400 26,400 26,400 0 26,400 1983 0 0 26,400 26400 26,400 0 26.400 1982 0 0 20,842 20,842 20,842 0 20,842 larcel Sales Histonj VLTE: Sales do not generally show up in our computer system jntil about two to three months after the ,te of sale. If a. ecent sale does not show up in this list, please aillow more time for the sale record to be ocessed. Thank you for your patience and understanding Sale Oate Official Records Book/Page Price Instrument Qualification 31612009 24041841 100 QG 11 3130/2006 2101114 -57 1 WD This page has been visited 3,398 times. Monroe County Property Appraiser Karl D. Borglum, P.O. Box 1176 Key West, FL 33041-1176 / f http://www.mcpafl.org/PropSearch.aspx 6/4/2012 'f� S i G'� A 33 49 1 Y-90 �414 # - H I Q I rjh Una Ed"Wr 01 Yft Nulaber Of polm. -1.,7. 77",- �;' �r ED P& EEW XE 775 -7 woo SA, -1 ty C nA 1, AIl 'EY FLORIDA KEYS AQUEDUCT AUTHORM (FKAA) 123911100 Kmanedy Drive Key Wed, Florida 33040 305-296-2454 A.' , MIII I !xl t m W11 AA VII IJ 114 DI I .......... Awl A T IAG FTK corornerdal buikling(s) are proposed or if property is on U-S-1, this form I 8PPlic". LOCATION.- Wata Service to Ld(s),_ - / 9 - c)- ?- Block / Subdivision D061—V4S dt'tf Key 04A-e- aim N1W-1 2. FKAA drawings indicate that there is an adstlog inch water main in fiwd of the subject propmy wA ftont footap is due for the subject IWO O(S for linew &K at S per W. Due FKAA&'ustorner. 3. A water main wansion wiJI be required prior to installing water scmee to the subject Ws). The minimum requbvnmt for ft adension is linear fect of inch pipe, includwo valves ad fittirtgs, and wdl be subject to verMeshon at the time Wltcstwn is Made. Tbe above infixuation is die best available io the FKAA_ Should our records be incomplete or in am, dw customer MRY r'T­_kT a fita 411:4tLq" .1 Xffll'�. I I 4'.. . qll- fig U-0 10 NOTE: T*w hutallatlDn and Front Footage Few (if applicable ) are In addition to the cost of any water main eitenslon at the ownes expense. A complete ad of plans wIll be requ:kvd o ealcu � fem V'—) 6-2 �TM'fiy FKAA PER: ?If L OTS Z-31 DATF FKAA No. 141 ) 003099804000100 00309991-000000 00310020-000000 0031OD30-000000 00310040-000000 0031005040=00 00310470-000000 00310480.000000 00310490-000000 003105004000OO, OM10510-000000 00310520-000000 00310940-000OOD 00310950400000 00310990-000000 00311000400000 00311010-000000 003110204XXMO 00311200-000000 00311210-000000 003112204000X000 00311230-000000 00311240400000 00311250-OOMW 003112604XX000 003112704XXXM 0031128D-000000 00311290400000 00311300-000000 003113104000000 00311320400000 00311330-000000 00311340-000000 003113504000X000 00311360400000 00311370-MOO 00311380-000000 00311390-000000 0031148040= 00311490-000000 00311500400000 00311610-000000 00311520400000 00311530-000000 003115404000000 00311550-000000 00311560-000000 003116704XKM 003115804000X000 00311590-000000 0031160040X3000 00311610-000000 N&I c1 , N� 2 cc) --, -,) c OA z CXX) 0 4-11AI) 0 Revised Administrative Relief Application received via email August 23, 2012 Stan kiewicz-Tiffany From: Nataline Garcia <ngarcia@raygarcialaw.com> Sent: Thursday, August 23, 2012 5:17 PM To: Stan kiewicz-Tiffany; Grimsley-Susan; Ray Garcia (rgarcia@raygarcialaw.com) Subject: RE: administrative relief applications Attachments: (4) Amended Application 07100483 8.23.12.pdf; (3) Amended Application 07100485 8.23.12.pdf, (2) Amended Application 07100486 8.23.12.pdf; (1) Amended Application 07100479 8.23.12.pdf Importance: High PIease see attached. Thanks Nataline Garcia, Legal Assistant THE LAW OFFICE OF RAY GARCIA, P.A. 14850 SW 26th Street, Suite 204 Miami, Florida 33185 ngarcia@r&yWcialaw.com www.raygarcialaw.com (T) 305-227-4030 (F) 305-223-9811 This message is for the named person's use only. It may contain confidential, proprietary or legally privileged information. No confidentiality or privilege is waived or lost by any mistransmission. If you receive this message in error, please immediately delete it and all copies of it from your system, destroy any hard copies of it and notify the sender. You must not, directly or indirectly, use, disclose, distribute, print, or copy any part of this message if you are not the intended recipient. THE LAW OFFICE OF RAY GARCIA, P.A.. reserves the right to monitor all e-mail communications through its networks. Any views expressed in this message are those of the individual sender, except where the message states otherwise and the sender is authorized to state them to be the views of any such entity. CIRCULAR 23o NOTICE: To comply with U.S. Treasury Department and IRS regulations, we are required to advise you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this transmittal, is not intended or written to be used, and cannot be used, by any person for the purpose of (i) avoiding penalties under the U.S. Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this e-mail or attachment. -------- Original Message -------- Subject; RE: administrative relief applications From: Stankiewicz-Tiffany <Stankiewicz-Tiff n Mon roeCount -FL. Ggv> Date: Thu, August 23, 2012 5:07 pm To: 'Nataline Garcia' <n rcia ra cialaw. om>, Grimsley-Susan <Grimsley-Susan(&monroe,gounty-fl.glov>, "Ray Garcia (rgarcia(I-Draygarcialaw.com)" <raarri_a@raygarcialayy.com> Only one application was scanned. We needed to see all four scanned amended applications. From: Nataline Garcia [mail o:ngarcia@raygarcialaw.com] Sent: Thursday, August 23, 2012 4:31 PM To: Grimsley-Susan; Ray Garcia (Egarcia(ar ygarcialaw.wM) Cc: Stankiewicz-Tiffany -Subject: RE: administrative relief applications Importance: High Hi Susan: Please see attached. Thank you, Nataline Garcia, Legal Assistant THE LAW OFFICE OF RAY GARCIA, P.A. 14850 SW 26th Street, Suite 204 Miami, Florida 331$5 ngarcia (&raygarcialaw.com www.rgygarcialaw.com (T) 305-227-4030 (F) 305-223-9811 This message is for the named person's use only. It may contain confidential, proprietary or legally privileged information. No confidentiality or privilege is waived or lost by any mistransmission. If you receive this message in error, please immediately delete it and all copies of it from your system, destroy any hard copies of it and notify the sender. You must not, directly or indirectly, use, disclose, distribute, print, or copy any part of this message if you are not the intended recipient. THE LAW OFFICE OF RAY GARCIA, P.A. reserves the right to monitor all e-mail communications through its networks. Any views expressed in this message are those of the individual sender, except where the message states otherwise and the sender is authorized to state them to be the views of any such entity. CIRCULAR 23o NOTICE: To comply with U.S. Treasury Department and IR.S regulations, we are required to advise you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this transmittal, is not intended or written to be used, and cannot be used, by any person for the purpose of (i) avoiding penalties under the U.S. Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this e-mail or attachment. -------- Original Message -------- Subject: administrative relief applications From: Grimsley-Susan < rimsley [I@monroecg ntv-fl.gov> Date: Thu, August 23, 2012 10:21 am To: "Ray Garcia ( ar ra cial w.c m)" <r arcla arci I m> Cc: "Nataline Garcia ( la a is aw )" <rlgarcia(@raygarcialaw.com>, Stan kiewicz-Tiffany <Stan kiewigg-Tiffanv(&MonroeC-ounty-FL.Ggv> Please send scanned copies of all the applications in total today and send paper copies by FEedex. Our agenda deadline is tomorrow. Susan Grimsley, Asst. County Attorney 1111 12th St. Key West, FL 33040 Ph. 305.292.3470 Fax 305.292.3516 Marathon Telephone 305.289.2500 APPLIC`ATION MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT rm"D (61 APPLICATION FOR RESIDENTIAL ADMINISTRATIVE RELIEF Administrative Relieffee: $1,011.00 04 ATTACHMENTS: I) COPY OF CURRENT PROPERTY RECORD CARD, 2) COPY OF THE RECORDED DEED OF THE SUBJECT PROPERTY AND 3) A VEGETATION SURVEY DATED! WITHIN SIX MONTHS OF ADMINISTRATIVE APPLICATION SUBMITTAL. IF YOU HAVE QUESTIONS OR WISH TO MAKE AN APPOINTMENT TO DELIVER YOUR APPLICATION PLEASE CALL THE GROWTH MANAGEMENT OFFICE CLOSEST TO YOUR PROJECT. Property Owner's Name: JO in K S , -0) VQ • �-K,i Ci , �i ta■■Ie&CorpA-V4M12dw*Ift-heis■aumtndto■k■) 4,k Property Owner's complete mailing address: _ Phone: 306, - Fax: 306 Agent's Name: �8 tRequieed for ■H—: em agent aatlwriatjon for tht RO(10 Appl` as propehy awnms / Agent's complete mailing address: 3' Phone: -;k—'2:1- Fax: (Please attach a notarized statement authorizing representation of this application by all property owners. The statement should read. -"I. (owner's name) authorize (individual you are authorizing to represent you) to represent my property for this application for Administrative Relief NLj r,L5 M of L.oY Ata•a jJ Ltr} X) PROPERTY DESCRIPTION: Lot Block I Subdivision TPX& ] S AfM Key (island); bi P'in Lot._,_ Street: MM: RE:Qa31Oi$�- OOCLLI� metes and 6ouft s, attach legal descriprton oft separate sheer, wa, -� Building Permit Application Date of most recent ROGO application:„ }ay_��� What kind of administrative relief are you seeking? US }+jC (Z (jh (IF( L111r)f Note' Pursuam m Monroe County pmfpred board of'Cbunry Commie MrMs is otter purchase if opat is deaigna�ed tier 4 ... 11, Hl-A tSpecion at ftwGtion Arm or m on nomvattaft lot astable foraffordable housing as W 011 b ' !� NOTARY: STATE OF FLORIDA "'Appff2rmfi, Signature COUNTY OF --11 3 The foregoing signature was acknowledged before me this of r day of ( ya__L�- By (PRI MEV NAMEF PERSONItiNINC) who is personally known to me or produced a8 identification:: My commissfO� j �� �'-01 0 1 0 Signature of Notary Pu State o FlOtida .sxxot£t wit• ;# �.i s.d�a �l r �1¢�ir�W1 1 eaaai,z >, g•r TO BE COMPLETED BY STAFF- DATE: ROGO APPLICATION # Page 2 of 2 Applicants Initial and date: Aden Relief Residential Application Dec 8 2010.doc APPLICATION MONROECOUNW PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT APPLICATION FOR RESIDENTIAL ADMINISTRATIVE RELIEF Administrative Relief fee: $1,011.00 Monroe County Code Section I38-27 Requirements for Admfntstrcttm Retkf. (1) If an applicant for an allocation award: a. Whose application hgq been denied an allocation award for four (4) successive years in the and fans to receive an allocation award, said applicant may apply to the board for administrative rellef pursuant to the terms and eonditioni set forth herein; and b. Whose proposed development otherwise meets all applicable county, state, and federal regulations; and c. Whose allocation application has not been withdrawn: and d. Who has complied with all requirements of the Permit Allocation System; and e. Applicant foltows procedures for administrative relief contained in the land development regulations. (2) An application for administrative relief shall be made on a form prescribed by the Director of Planning and may be filed with the Director of planning no earlier than lbe gMi)ision of the fourth (3) Upon filing of an application for administrative relief, the Director of Planning & Environmental Resources shall forward to the board all relevant files and records relating to the subject applications, Failure to file an application shall constitute a waiver of any rights under this section to assert that the subject property has been taken by the county without payment of just compensation as a result of the dwelling unit allocation system. (4) Upon receipt of an application for administrative relief, the board shall notice and hold a public hearing at whieh tithe the applicant will be given an opportunity to be heard. (3) The hoard may review the relevant applications and applicable evaluation ranking, taking testimony from county staff and others as may be necessary and hear testimony and review documentary evidence submitted by the applicant (6) At the conclusion of the public hearing, the board may take the following actions pursuant to Monroe County Code Section 138-27(f) and Monroe County Comprehensive plan policy 101.6.1 and Policy 101.6.5. a. Offer to purchase the property at fair market value as the Board of County Commissioners preferred action if the property is located within: i. a designated Tier I area; ii. a designated Tier It area (Big Pine Key and No Name Key); iii. a designated Tier I I I -A area (Special Protection Area); or iv, a designated Tier 111 area on a non -waterfront lot suitable for affordable housing. "Fair market value' shall be an amount which is no less than ad valorem valuation in the Monroe County Real Property Tax roll for the year 1992. b. Permit the minimum reasonable economic use of the property. "Minimum reasonable economic use' means; as applied to any residentially zoned lot of record, which was buildable immediately prior to the effective date of the plan, no less than a single-family residence. c. Suggest such other relief as maybe necessary and appropriate. (7) Limits on administrative allocations per quarter: The number of allocations that maybe awarded under administrative relief in any one quarter shall be no more than fifty percent of the total available market rate allocations available in a quarter for that subarea. Any allocations in excess of fifty percent shall be extended into the succeeding quarter or quarters until the number of such allocations is fifty percent or less of the total number of market rate allocations available to be awarded. (8) Refusal of the purchase offer by the property owner shall not be grounds for the granting of a ROGO allocation award. Page 1 of 2 Adm Relief Residential Application Dec 92010.doc Applicants Initial and date: EXHIBIT 1 N Property Search -- Monroe County Property Appraiser Page 1 of 3 Karl D. Borglum once (305) 2923420 Property Appraiser fax (305) 292-3501 Monroe County, Florida Website tested on Internet Explorer GIS Mapping requires Adobe Flash 10.3 or high®r. (An Export Map widget is in the lower, -left corner.) Property Record View Alternate Key.1382396 Parcel ID: 00310280-000000 Ownership Details McIDng Address: All Owners: NUNS JOFNI WAND GLENDA PO BOX 240 AKINS JOHN K RlS, AEONS JOHN W AND GLENDA L KEY LARGO, FL 3W37 Property Details PC Code: 00 -VACANT RESIDENTIAL M01age Group: 100H Affordable No Housing; S-1-TowmhFp-14.66-a Range: . Prop" Location: VACANT WITTER$ LN BIG PINE KEY Subdlvtoom DOCTORS ARM Legal DenWpU*n; SK 1 NLY 51.5FT OF LOT 26 AND ALL LOT27 DOCTORS ARM SUB P53.141 SIG PINE KEY OR469. i 38M OR788-1431 OR849-861102 OR 1384-33 OR2101-14b7 OR2404d41 W `E lad Details j Land Us* Code Fron Land Area M10W • RES WATERFRONT 0 a 17,390.00 SF Misc Improvement Details Nbr Type # Unite Length Width Year Built RQII Year Grade Life t CL2:CHLINK FENCE 5%SF a 5 19" 1M 1 30 Appraiser Notes REMOVED OVERRIDE AS LOT IS BEING USED 2Uom PERMrr# 071 OWS FOR SFH IN PROCESS PER BLDG DEPT N Property Search -- Monroe County Property Appraiser Page 2 Of 3 ` MLY 51.5' OF LOT 26 (RE 00310270400M AK 13823861 HAS NOW BEEN COMBINED WITH THIS PARCEL PER OWNER'S [ REQUEST, DONE FOR THE 20077R 510810"1 I.laG7 Parcel Value History Certified ROIL Values. j Vi&Y Tagge for thi Egmel. I Roll- You Total SlOg Toted Mhcc Value hnp w4emit Value Total Lsnd Value Total Just Value Total Assessed Value School exampt Value School Taxable Value I p 2011 0 418 79.697 80,313 80,313 0 80,313 2010 0 416 121,730 122,146 12ZI46 0 122.148 2000 0 416 121,730 122,146 122,146 0 122,146 2003 0 416 131,120 131.536 131,838 0 131,W6 t 2007 0 371 468,920 459291 459291 0 459,201 20" 0 2.398 153.760 158.148 156.148 0 156,146 1 2005 0 2.442 153,750 156,192 156,192 0 IK192 2004 0 2.485 SUM 83,965 83,985 0 63,985 2003 0 2.528 53.313 5Q341 K341 0 58.341 2002 0 2.629 64.575 $7,203 67.203 0 87,203 2001 0 2,746 64,575 07,321 07.321 0 07,321 2000 0 1.879 84,575 56.264 66,254 0 86,254 199g 0 1.738 64,675 66,313 68,813 0 M313 1998 0 1,809 54,575 39,483 39,483 0 30.483 1997 0 684 64.575 39,463 39,483 0 30,463 logo 0 716 64,575 30.463 39AM 0 39,4e9 1993 0 784 64.870 06.339 66,330 0 W039 19" 0 798 84,576 OSA73 65,373 0 85 373 1993 0 832 64.575 WA07 65,407 0 66,407 1992 0 878 $4,675 W.453 69,453 0 65,453 1991 0 912 64,575 85,48T 65,487 0 05,487 1990 0 940 60,270 01.210 61.216 0 61,216 19e9 0 992 54,735 55.727 55,721 0 W.727 I 1988 0 1,026 30.750 31,778 31,778 0 31,776 1987 0 1.060 30,750 31.810 31.610 0 31,610 lose 0 1,108 30.750 31AW 31,858 0 31,858 1086 0 0 26,400 26,400 26,400 0 26,400 1934 0 0 26fi00 26.400 .26fi00 0 28.400, 1083 0 0 28,400 26.400 26.400 0 25.400 I 1982 0 0 20AQ 20,842 20.842 0 20.842 R Property Search -- Monroe County Property Appraiser Page 3 of 3 Parcel Sales History NOTE: Sales do not generally show up In our computer system until about two to thm months after the dale of sale. If a recent safe does not show up in this list, please allow more time for the sale record to be # proct<ssed. Thank you For your patience and understanding. Sale Date olnclal Records aowmana . Price . tnstrumeot Guelflcstim & 2009 2404 r 841 100 Qc 11 3AWa0E 21of ! 1457 YM M This page has been visited 109,405 tines. Monroe County Property Appraiser Karl D. Borglurn P.O. Box 1176 Key West, FL 33041-1176 A EXHIBIT 2 m Vcgctaiion Survey Pgoi AiUNS OF-vEIAPMF_NT LEGAL DEF. CRIPTION BLOCK 1, LOT 27 & PORTION OF LOT 26 DOCTORS ARM, HIG PINE KEY i _1 _ 7 . !• • S• ••!••• 10/23/2011 71 TINGLER LANE, MARATHON, FLS3050 W W W.JUL[E�-CHEONSHOTMAIL.COM PHONE (305) 3951,986 FAX (305) 74345,87 • �"'7nlie C:kenn � .- .� °Rnvirr�nmentat L3nns�tfan 'WtN,k. 1, ;ut 27 & Posti njc',.o,. 2f.. Du; lwra Are Ove 'i'be: #471QWutg. €e1?grt, cludec i Aite description, a list of located on site, and e map indicating the location of relevant features and all Listed species. Site visits were performed on performed on October 8" and 22"4, 2011, Site Descrinti; The above referenced parcel is approximately 17,390 square feet (sf) and is located in an improved subdivision. The parcel is contiguous with a single family residence and a paved road, Witters Lane, on the west. 1t is adjacent to a vacant similarly vegetated parcel on the south and a dredged canal and dredged open water shoreline on the north and east respectively. Please see "Attachment A" for a location reap. The property is located within the National Key Deer Refuge. The parcel is disturbed -and, with the exception of the shoreline, is predominantly vegetated with groundcovers. Much substrate is nearly impenetrable and may have been paved over in areas at one time. Some areas have a thin layer of sandy substrate. An area in the western portion of the parcel has some hard -packed marl, while the substrate in a more densely vegetated area is consistent with in organic mulch developed threugh the decomposition of plant material. The land appears to have been previously used for a trap yard, as trap debris is located -on site. Shell fragments, presumably scraped from traps, are located on the property. Deer scat is located throughout the property. The shoreline contains a mix of mangroves and buttonwood. Bay cedar is also located on the shoreline. The Monroe County Habitat maps classify this parcel as "Undeveloped Lands." The parcel is predominantly vegetated with Andropogon glo►neratus, Phyla na&flora, Fimbrutylis cymosa, Sporobolus virginteus sand Dimchlis spicala. Many of the species located outside of the shoreline are considered species that inhabit wetlands. There ate pockets of algal growth on the parcel, but algal matting is patchy and not well defined. Overall the substrate is not indicative of'a wetland. No other wetland indicators were located outside of the shoreline. Although the property does not appear io be a functional wetland a formal Jurisdictional determination from the Florida Department of Environmental Protection and the Army Corps of Engineers is recommended. S2ecies-of Note: Brazilian Pepper is the only invasive exotic species regulated by Monroe County located on site. This species is relegated to one small specimen on the shoreline. All Brazilian` Pepper must be eradicated from the site prior to a certificate of occupancy being issued. 0 dulri Cheon )(;eymotlmtental tag - 1 WIN - 11 ON - � W4 NO. *M�, s These . are; two Listed species (Conocarpxs :erectw, Phyla nodiflora) and three state protected spociea (mangroves) on site. A species is considered Listed if it is. desigaawd Endangered (E), Threatened (T), Regionally Important (RI), or Comme0ally Exploited (CE), -or if itU a Native species greater than 4" diameter at breast heigh>-(N>4"dbh). All Listed species require mitigation if impacted by development All Copgcarpus ersc a have beam tagged on site with orange tape: Due to the prevalence and 'the mat -forming � growth pattern of the Phyla nodiflora individual species were not always. tagged. When possible individual specimen were identified. In areas where the density of P. raodiflora { or the location of plants mixed witli dense groundcovers prevented the' identification of 1J individual from being determined the number of specimen were estimated as follows - 'Observation of individual specimen 'indicated that a mature plant spread 0 an E approximately a 3' x 3' area for a total of 9 square feet Areas with dense Coverage, were measured and the number of species estimated utilizing the formula of I specimen for every 9 square feet. Monroe County Code requires monetary mitigation for all impacted species. The mitigation amount is calculated by Monroe County depending on the species and its size. Please note that locations'are approxirifate due to the density of'the vegetation and the limitation of the measuring device used (measuring tape}. I i All protected species are shGwn on, the attached map, Please note that locations are approximate due to the density of the vegetation and the limitation of the measuring device used (measuring tape). Appropriate permits must be obtained from Monroe County prior to removal of any vegetation. Please consult the Monroe County Biologist for specificrequuirements. I 9 Please feel five to direct any questions regarding this report to the author at the above referenced contacts. • r -�a � i �� :�p� EXHIBIT 3 8 ADMTMSTRATNE RELIEF SQUQST On March 2010, the applicant John K. Akins, filed an appeal to the Board of County commissioners about the reduction of ROGO points and the rankings approved by he Planning Commission March 10, 2010 under resolution 04-10 which affected his ROGO applications in regards to this subject property. The appeal was based on the original scoring of the property by Monroe county as being in an AE flood zone when the property according to Monroe county was in allegedly in a VE flood zone (4 points). The actual VE flood zone point change placed on the subject property occurred when the planning commission approved quarterly rankings on June ID, 2009. According to Monroe County, on or about April of 2009, the Planning & Environmental Resources Director reviewed the documentation in regards to this subject property that was in the County files such as flood zone maps, survey, and plans and determined that a scoring error occurred by the Monroe County staff regarding the flood zone point allocation on the subject property and the Director further determined that the scoring errors occurred on he four applications of the applicant. Based on the findings, the Department changed the applicants ROGO rankings for the subject property. The applicants rankings moved down approximately 18 places in the ROGO system. To better understand the impact of this error by the staff of Monroe County, the rankings prior to the change showed the applicants ranked 22, 23, 24, and 25 and the next rankings with the alleged corrections showed them at 40, 41, 42 and 43. Because the staff concluded that the property scoring was to be adjusted to reflect a VE flood point deduction, the applicant has suffered incredible financial loss, especially considering that the development that had begun on the subject property had to be halted and substantial monetary loss has occurred. The applicant believes the initial scoring was correct and the surveys on record in this matter reflect an AE scoring. The administrative relief sough by the applicant is that the property scoring be corrected to reflect the points entitled to the applicant and subject property under an AE flood scoring along with additional points that are in order for time passed. In the alternative the applicant seeks a building permit point allocation in order to obtain the necessary permits to build. N EXHIBIT 4 County of Monroe GmwthM"ea =a Division 27N-CKWmW)F4hW1Y 1NU16026 FL 330510 Vai- (30ij 289 ZW PAX t305) 2VJ$X CERIUM MAM 70=150 00010488 1131 April 21,2009 John Akins 107 First TeErfice, KAyLap,FL33037 RE: ROGo AMUcatim 07 1 ODU6; 07100479; 07100485; 07100483 Dear Mr. Akbox Ito Pla=ht & Enviromental Ream== Dow== has found A seating aror an ROGO applications 07100486; 07100479; 07IMM-, 07100483. TU proposed davdopment in each of these applicedom is located in. the 'r flood zqm Thmfim, each W#cadw has been given. the 4 point amsommeat fay being lo=W in &e. Ir zom special flood hazard area. IFYOUhave my comictme at 305-289-2513. any sr. Planning Tech. cc: Townsley Schwab, Planning & EnvivarimmW Resources Director EXHIBIT 5 2 MEMORANDUM MONROP. COUNTY PLANNING &. ENVIROMASNT.41, RESOUtWR8 DEPAXMFh-r - we S&ive to, �ff ceiv, prqfm�dowr endj�� To: Naming COMMIS3106. /I-- F.ram. Ti:ffhay StanHewic?, Development Ad=drdsfttor-,A anv, nrough: Townsley Schwab, Sr Dirccbr of PI -ni 4 EeQ=ental Rcsourcw-71 fate September 11, 2010 Subject: Rem d&-Aisl Dwdhg Unit Evaluation Report fGr Big PineNo Natne. Key Su6ama Quariter 4, Year 19 Meeting bate- September R, 2010 wadnaed to Svtembw 27,2910 I Tlis rq)ort has been prepared ix=wt to Seciion 138-226 of the L.PxW Development RaVLdati-am 227 (LDRs), Tbe, proposed residential dwo!14 urdt rankings (Big PfineNo Name Key Suba=) aftwhed to CW: report iLre for the fourth quader of year eig&een. which covets the period Amit 4 13, 20 10, through July 12, 20 10. 5 6 D )U GMQM EffORNA ZEQN.- 7 The public Insg for the Big Pine4o Name Keys Subarea FLOW allocation and raniting defermirtation was continued by ffie Planning Commission from September 8, 2010, to let Bazk� 10 Fravatt present inibanalion on behalf of �'&. John Akins regarding flood zom scoziag: comc6om I I for propmfies identified by reeJ estat* nun6ers 00310220.00M, 00310240.09m, 12 00510290.000000,00310260-000000. 13 HISTORY OF AXdNS ARRL1Q&1_1_QN—S: 15 16 On March 10, 2010, the applicmt, John K. Aldns� Med an appeal to the Board of County 17 Corrunissioners about the reduction of ROGO points and the rankings approved by the 19 Nanning Co=-Liszion Mamb 10, 20JO =der ResolutiQn 04-10 which affected Ms four 19 ROGO Applications. The subject paxreis and applications are under the ownetsbip of John 20 K- MkinsOolm W and Glemda Akins. Iho appeal is, based on -the. ori t sc g gir.ol incorreo zrin 21 of !be properties as beirg in an A-H flood zonz when ffie propexties arc, in fac� in -a VE flood 22 zone (4 points). 23 24 Monroe Courty Code Section 138-1,Appeals states that aa appeal from thodedsion of the 25 Planning Commission on a ROGO allocation shall be made to the Board of County 2.6 Commissioners witliin 20 days of the Planning Commission's decisionl- The filing of an Fir I oft WN I appeal does not stay either the action of the Plznning Commissi6n or the action of the Director. appealothe approved n}.O R! Planning 4 reductions and ranking changes occurred in Itme 10, 2009 by Planning Commission 5. ..•l. •1 1` l: •• 1 n t swi.N thafthe ! • a e . meeting.8 Originally staff was prepared to schedule the ippeal it the June 2010 Bowd of Cou�ty 9 Commissioners 4anda requested 10 the matter be : R at the July 21, 20 10, Board 14 eti1 • which .. .;+: .. gmted. On July 11 1 20 10, Lee Rothe,q r requested .•• &fmrred from being. e• before 13 first present their objecdow to the PlannirZ Commisdon since applicams may o5m- 15 Rohono loaW represents W Akins in tiffs matter). 12 the Board of Cotrnty Commissioaers. Me Vplioarits docided to defer the appeal in order to 17 Sirze11 scoring i.Y+ !thePlamingCornmissiorireviewed and approved 18 quarterly rankirigs reffecting the scoring cormtions. Neither ffie applicant nor suffiorized. 19 egent where promt at these; public hearings. Tbo lost app:oved qwtrtedy rankings for Big 20 s f.NameKey subam ireareF:■ 21 7' and LaqLtIons 23 24 Applications and Locations: 25 EWIding Permit Applicationy : Application: OD7100446 27 Legal Desmiption: L*N 21 and 22, Block 1, Doctor. Aura Subdiiision, Big Pine K�, 28 Monroe 29 Real Estate 11•w 00310220.000000 30 33 _hne Key,MonroeCounty,Florida 35 37 Legal Description: Lot 27 sad NLY 51 ft Lot 26, Block 1, Do&m Arm Subdivision, 38 Big Pine Key, f J'R Cowty, Florida 39 Real Estate Number: 00310280.ODODOO 40 -!J! l ' #•.! Application:907100483 43 Big PineMome Couity, Florida 44 Real Estate Number 00310260,000000 1 3 4 5 .6 Agent: BanksPrevatt Land Use District: Comrneraisl Fishing Special District (CFSD-8) Fu a Land, ilse &fsp (FLUM) Desigslstiori. Mixed l' WCommercfd Fisting (MCF) ROCO Subarea: -Big Trine-Keyft%-Name.Key C. REUVAN-T-PRIORC-0-UhUYACnCjN-S; The chart below shows a ch omiogy of application submittal dates (Building Departamt A.ppiications to ROOO Appbcations), description of flood zone ft*r-datum provided on Building Application Plan submittals, am -my Submittals showing flood zone infoc=tiaa, approhimate date of sc*ring error discovery, scoring error notification to applicants' address of record, Planning Co*muission Resolutions indicating scaring error correetiorts. Pmp 3 of l pmposed rcsidence In I do YE Zone). OkLing DepitrM-eat i Stevimwd ibr AE Zow Reviewed ft Tavlawed Plants for coftmxgiod. Conaniclion AEIVE ?A92 coilstrifedon. .... .. ............... . . . BuildingDgailtikent '-W&y3Q,2OP7 Jme a. app[icct3oa to appil6sixt eu enter ROM Diis 10�001=e�12.1 7 N,W zoo IRevin-ed for VE zone j Ramewed fb-,VE zow ccas=tion coftstraction pl —s��j Of ROGO Appliettion I ROGO APPIkad �; = �Fi. = Application k. Foesti On scored as if in kE I wond as if in I . AE if io AE I for Quarom ftt Zoo® (as indicated by jt Zom (v-cred in wmr) come( in enw) Zone( in error) deved July WI - Scoring. FUTer Early April 2009. post Early W 2009. =I Ily =.20 09. post Z �-�iy April 2003, pan cKstwered lints rier System should Tim Syslam it I shotild T'w System Pboulki I have indicated -4 have lddicmW have indketed 4 have indicated -4 Dalm B�#2ts — I Polutt ba4 eftww 10tar A01 27.2DD9 I A-:wi 27,2009 April 27,2M April 27,2009 f seat rn-ding Date return reaelpt I May 15, 2009 May 15, 20M May 15, 2009 May iS, 2009 LZOGO Rmvk OW Plaminx c4n,,mission Pianning Commudos pwudng Commission Plaamb3z emmigsion QMW--r 3 Yr 17 Approved Rmkd;M APKwed Resolutim Aftwvad Rmhd,ion Approved kcwhation "cuftd waing I PO-0, Sane 10, 2009 P23-M, June 10.2009 P73-09, Sane 10, 2 W9 -711 wr.17 M'47- MIT 7, L =— M=n IF.T. NE&irrT,7r= 0, ftv4.fg � ! - '.!1" .<' .. a, �.. .tea. � a_. a i :R■ , � •_ • ral r ►a r .:.. _. it �a • ':: a—• w-- r •: � 11 • *.; .. l -;.� : a `: �, r .: :.. r � ' '! 1 , ^h - r ss •.. _ 1. r: ..., _: r ! .: �r a. , .a WON=• -• tl a. r:s :l►s. a ri ,.: i- i _�,. Nil � a, a . • a r .a � a ■ ,a.a,. � r1h 1a t , •A 'll..� S•� Y:..' vJ, ! � rf +�l�'.r T "►� •� .t:.f ► l � r • f: • : •l a :� ] � • T-�r R 1 ,„R 11 .+ ]..": � t �M..! . r .l A '..va1: y ••RF.� err � �, ,.` i � �:... i � �'.i . ":. !' '� 11* +'- ,ray t. i,♦1 'Rl r�': � �, .:. r a -��aa� r s IIR _...i,:. rs t �• . ■ a . . �. -. ' H u m r ! ,.- ti •` i 1• if l Y:.. ! r All rill .: • ,.. !: �'it �1 a... ! :, 3:1 "�. r !• ,.la ► }1' lw T.• ..1 r#..k s. . :" rai,' t • � a`.sw ,� 1'r- tz ..� ar �. ,,:,.. ♦ iF+ �. .,. i1^ f is Iln r 1 .':l • , l %! fi ►f '. Sl•r�X: ,: .:anti ;�. r -,h: � i.. , �. •r �:• � � # f ra : • ••..., '.■ �. ..: 3: � .-r f4 •:� ° _: ;. a 13.11 1 •.114 Ir # t « is ll 1 .".°. 4 17 04,64 ort M- I score Ft the expense of others in tht ROGO ooinpetition. It is the Nanning CGnU-.V'SS-OnS 2 oblip6on to correct an emar or kq omon that may cause an mcorred swre, 4 LMALWOM EAMM F12R NO Eff '6 A. Pursnaant M Seatten 08-24 th6.n4&,bc7, of w—hual.a'lJocations avadableds. 197, 7 8 B. Secition. 138-24(c) allows apy unysed portion of afibrdabk housing allocatior-S to be 9 retained and roRed over em the next dwelling unit allocuion year. 10 I I C. Scofton 138-24(aX4) allovn the Planning Coxraisvior, to =--id the afford -able housing 12 proportions dining my POW quarter- 13 14 D. Swdor, 139-27(g) limits administrative =W allocations pa quarter— The numb?r of 15 allooadms dw may be awaxied under administntive relief in any subarva quarter sbA 16 be no morethan fiftyperceat (SOYb)of the total availabkm�LrketraterallDcaldou. 17 18 S Section 139-24(a)(6) limits on the number of allocation a ' wards in ner 1. The amug 19 number of Eflocation awards in Ticr I shall be ILmited to W more dm three (3) Wil the 20 Lhnw Keys and no mom than drw (3) in tha Lower Keys. Big PineNo Natne Key is 21 limited to tcu (10) allocations over a twmxy yeer period or H =.022 wWC1Lcver is fower. 22 73 Below is a table tracUng die Tier I rdlocations by qwner/year- 24 I F. MonrDc County Co& Sectioa 138-25(0 F--piration of allocation award: Except as provieW for in this divWoa, an &Uocadon award slaR expire wbm its cor-respoading building pennit is not picked up after sixty (60) days of notification by cartified ahail of the award or, after L%uaace of Ehe building permit. G. Monroe County Sectioa 13924 allows- a total of 8 markat rate allocations per year for the Big?ftwJNo Name Key Subarea. H. Monroe County Code Section 139-26-Aows the adjustmcnt of residential PWt allwations at the and of each quaitedy allocation petiod of additions or subtractions to the basic allocWon avai�ls by subem such as the number of dweJhng unit allocation awards that expired prionto the issu;a= of a corresponding building pamit. Not � Ott, I evallmdon criteria contained in Section 138-29 of the LDPs for the Big Pint/ No Nmw Key Slab- 2 areas, 3 4 if applications received '1adTiiic&j score,—, tk-y W= first -,arl-d bY date and time and Alrthcr maked based On the applicants with the fewest negaijirc number OF iOffit§ on 1he saMe d.&Y. note 'that � ank dx=s- allocatio.m '=PMVC4 rau$t bO deucttd Ram, &e next'quirt=1Y P- M'�-M—a-n t to Monzoe Couaty CP& Section A- M-arket Rft AZmuons Q=ft 4 A 13 The nmber of applications in the Rig piaeftio Name Keys was gmaW than the qmwtedy 14 allocation awards availablc� Per Section 139-26OX7) of the LDRs, the makings ffm indicate 15 Which applications received sm-foiant points rw--ive an allocation award. An additionad PW is attac� Which idantifies the location Of e&ch PCOPOW 9110"'don. by island Ezd sub*oll. 19 The -Mmkzt Rate aW.icatioms thd am Within the quarterly alloc0ons rexommended for Quaeer 1 4 Year IS approval are as foffows: 28 21 Sig Fin&g LTAme Appbcwjs ranLed I through 2 we reoonunmded for allocation fir%mrds 22 based on Mitigation available from MOMDe County. Applicants ranked 3 thromffi 44 ere 23 recanmended to be zpproved in the or,:kr rmkad- 24 FWA09 Em"T'"o 070 EXHIBIT 6 W 08/02/2811 13:42 G19-422-2695 CJM G-LLA VISTA PAGE 01/06 CJ O l L bo(QW =*oda, LAW OFF= OF RAY GARM14 PA- RU OMCTA. XMQ,. AM PAOLA. ERJEPAM to bo listed as audmrized agent far GLENDA f for the Admakisa t m RaW app ostioa m*mMd for Ra Wmg Peron# and ROGO A,p tlon # W100M,071004K 07100413 and 071064M far pzWwe y described ae ToW 21.22, 23, 24, A 26 27, iBibek 1, Subdlvlsh m: Bodar's Arm, Kai. E% Pine Kay sad Rani Estate aszahax 0010280-006604. =10260.066000, 00310240-000M sad 00310220000M 4bil wl0mriudon bmqnm S *01ve oa tbo doo this gf6dpk is aaf 120d ad stalk mnakn 1u cMmt u s& totmioated by the undmsigw& This widiatiodaa ants as a dmablo power of etaoaney a* for the purposes ddod. Tho uw iuOP d madwatma s tie liabiiWA b ffQhVd la ft'gra WA9 of ibisv8cpPY and qQW" fwl mgm-ibility (* a bwidipg il0omao aunty bermk o) for atb and all od tea ectiaas of the Agent need, Mind to the eoquiddm of pmmits far the afabme d onai applicant. No* Aµtlrq ftw W m is needed from ewb qar of do miWW pmpwtJr• Tbot'afm% m or mom autkpriaoa6= forms must bbaa ssubbm bkd�wbh due appEtioa< m tf #laze are ie p*Wams. .. w / /ft.". Painted Name of Owwr(a)/A,pplkaat brOTAleYr CA s � FoAZAIA 8'Y'A� OlP COUNrYOF SAA! PiG 0 TIP frazealg � swim4wbAa d b4foae m4 f A � d"� �yy 4f A v 6 vt / 2011. CLku& Akins is _ personally known ��� eag6oatio ADi s Ate" Llre�.t! ljpeal�oao)�ldd1 id #alas an on&. r - /tA4stip A&m n4Wvs gsftf Aaw Authodadm Faun #w t oP i 31 88/92/2811 13:42 619-422-2696 CVM CHLL.A V25TA PAGE 82/95 I hereby and a m,. LAW q OF RAY GA71kak T.A.r RAY- GARCIA ES% wpm PAOJ A H &5 to be • _.. .... . ... . ltstph � attt>t��ea -� dOEN W. #KQIs ft' Me` AdmmWjckm Relief M*oadan mb d tW For $ Permit and ROGO App)latGM 0 trrloaa7>,. tmatl�.o7looga� sad o71oa�6, fbr ptopedy doscr3bed � � 21, 2� � era, z�. 26 27, AW& 1. 8n6dlrhtlaot Dot:t Ws Arm, Kept BLS Pine Key mod Rtai Estals number 00310280.000000, 00310 A04000®Oy 6tt3'100A0400000 mW M10220400M This aedmdadon bo mme of b:dw on dte ddo" afdavxt is nobd=d and dwR ramaiu i4 e8a - until wmthtatad by the aadetslgned. 7bis ao thorimWon ads m a durable pow&of anoraey only forthepiupoaea steed. TM sndarslgmd uodm vh&a& the liabt loss invalt+ed in the grander$ of dds gXky and acoepts fWt respoaazVk {thus holdbg Mamue Caumy hnmko) fiw my and all of the wdoros of the agent nso)4 whmdroo the *cquWtian of pannits far the sforcrne Woned applicant. No* Atulrarinidon is needed ftm each owttar of dte subjeo properly Undbm me prorate audtodntlop forms mead bo mhrniroed withthe spplicadan if*= are muld0o owners. JOEIKw AKl1V8 Psluied Nam of Owncr(s) / AppMwM NO• ARYL srATz OB C L./rp",p COUNTY OF A IC60 The fbrW' i3 ink was nckowloWod bohm ms ego of v Y S 2011. John W. Akins ie pasomoigr Wo&—d idemtssioasioo r ►,! Ort 4an+� E: Asti s� Type of [dentition), did not tekp m oatb. "`" wpW Pt8l1C � A&nWbfto91vvAd WAt wAw w1w1onFmmPoe r a[1 y (Hate} I hereby authorize, LAW OFFICE OF -RAY GARCIA, P.A., RAY G CL4,, ESQ. AND PAOLA, iiUFMM to to listed as aathadzed agent, for 10i1N R AMSfor the Administrative Relief -application submittal for Building Permit and ROGO Application 0 07100479, 07100484 07100483 and 07I0MS(6 for property da wrled as Lot: 21, A 23, 24, A 26 27, Block 1, Scbdhl don: Doctor's Arm, Key: Big Pins Key and ideal Estate cumber: 00310284-000000, 00310260-000000, 00310240-000000 and 003102=00000. This authwrbation becomes dfwdve on the date this affidavit is notarized and shall main in effect umtr3 terminated by the undmaigeed. Thin at&orizebon acts as a darable'power of attorney only for the purposes stated. The undm*ncd understands the liabilities involved in the Smnling of this a;emcy and accepts full responsibility (thus holding Monroe County hannIess) for any and all of the actions of the agent named, related to the acquisition of permits for the afmmmtioned applicant. Note: Authorization is needed from each owner of the subject property. Therefore, one or morc authorization forms must be submitted with the application if those are multiple owners. s) ! Applicant Signature Pr'int:ed Name of Own") ! Applicant NOTARY: STATE OF Ir— ko QAi COUNTY OF 'N.n M4 C The foregoing instnm ent was acknowledged before me this day of U... 2011. rohn X- Akins is J�personatly known pm&ccd Type of Identification}, did! did not take an oath. NMuy Pokk Sko of FIaWY Vk"LQkWn M1'Ce, MAn�s's ODe7�906 Notary a. a Adminiehadve Relief Agmr Audiod den Focmpap 1 of r M EX HIBIT 7 wort t7349.T ss,t"26W tt+l20 Parcel ldmtificatirt No: Fog gaWF AWHO . 1L �IKOf P2 &I Tbls lostiummu Pre" BY and Re6nto: T smr a tlltam virsiaL PeuaeII -SlmabineMdc df the Keys,.lnc.. IMMO]verswaHighway-W oeedl 1724687 ....l1di,7M4.r1i.841 Key LarA FWda 3f637 QUITCLAIM DEED TYkQT'dW fN rei410�4.betweenCAlIDAS:RAJCIiVB.wiasaddmea �!�.a0 W. PtAns+-7P • 0.10 ,and JOHN W. AJMM mad GLUMA AKL1S, husband and Wt& and JOEN X AMM jo'mt tsar• wighrights of swgvntahip w'bm k*m •a F.O. Be, ]46, "Larp,Flor1dm33M. Chob= Wllomesb, tbu the Gn+.to N he and in woodmaB.m of tha am of —..-TEN k NWlpp (I30AO)--.-.-..: —DOLLAFS, and other Bond and r n oongdmim h7 Grantor in bad pmld by Graaas, the mrso of which Is hereby sebpvAedH4 hm ttaumed. b. *.d and hpdtals timed to the mW Gtsmo.a ad O+emedY heir and ftrow. the 1hl Wnl dmdbed laed, *um. bft W being bt the County of MMWE.'State of Flortda.tn,tvb: Lob 19, 2% 11, A 24 24 A 70 sod ST, Block t. 130CDDR'3 ARM SLBMWON, according to the Flu tutored as roeuv d bt PLLL Hook J, Pap 141. of dw FabR Rrrda of Mmroe Comsty, Flortda. THE FROrIRTY DRBC M IMPS N 18 VACANT LAND AND Don NOT CONST1T rrx T=HONWMADOF71MCRAN1'OR,NOR 13TrCONTIGUOUS THERETO. To Haw mad to Hold der mme together rick all ad singular der Appumcwm t6eramao beor la nyrlws appertala4 sad all the sstue. light: lids hdoM bec, equity and claim whatmem of Gramoe, eider J. I.r or **ft. Idr the use, bmdk and profit of the pit 0(**m fx , 12 Wbmm W har of the Oaptar by,baromto m her hand and seal the day mud year fast wbwa writros sittmd.o od dde' diaorrpmemm; '_ RISI ogaaOMACt AKW F-a Boat 246. Key Lrgq Ftmridm 33037 w dl Pries e A3u a_c. NV*mN2PriftdNm= STATE OF FIARMA COURTY OF MON909 The kmWol4g bmnmmt +raw aeko*wWdpd befre ma thk d %of i�i 2W9. by CANDACE AKJNS rho i. pvm=Uylmowa oo me r whe bnpro&mad c a idemdfindme. natm SEAL Notary 4�vm � . `3s Feimtmd Nemy %sommme. MYConmiewim 4'�4' to= Canty aFFlalAL Ifg CI= File R 0991434 Administrative Relief Application 414 4r� The Law Office of Ray Garcia, P.A. Attorney at Law Florida Civi t Law Notary 14850 SW 26h Street Southern District of Florida Suite 204 Middle District of Florida Ray Garcia, Esq. Miami, Florida 33185 Northern District of Florida Board Certified in Real Estate Law Tel: 305.227,4030 Fax: 305.223.9811 t 14'Circuit Court of Appeals arcia _,raygarcialaw.com www.raygarcialaw.com ***Sent via UPS*** January 20, 2012 Planning & Environmental Resources Department Attention: Tiffany 2798 Overseas Highway Suite #400 Marathon, Florida 33050 Re: Applications for Residential Administrative Relief for Loan Numbers: 07100479, 07100486, 07100485 and 07100483 To Whom It May Concern: Enclosed herewith, please find the original fully executed Amended Applications for Residential Administrative Relief for the above mentioned loan numbers along with payment for same. If you have any questions or concerns in regards to the above mentioned matter, you may reach me at 305-2274030. Enclosures RG" AMENDMENT TO THE APPLICATION 1. ADMINISTRATIVEORIGINALLY JANUARY 5,2012 FOR 11 % PP L I CAT] OIN MONROECOUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT % APPLICATION FOR RESIDENTIAL ADMINISTRATIVE RELIEF Administrative Relief fee: $1,011.00 no rammumumminuan Phone: Fax: 2 06-2-2,25 - q I AgenCs Name:Law-office-n-r- P-a\j 6amn (P --,ff---vZa4 (Iftruct (Required ror agents are agem amilionzation for ft ROGO Applicadilm from all property owgers) Agent's complete mailing 65 Phone-3 Qf;.,2, 17 � J- Hf- A) -S 0 —Fax: 1306 223. 9 IL I I (Please attach a notarized statement authorizing representation of this application by all property owners. The statement should read: "I, (ownees name) authorize (individual you are authorizing to represent you) to represent my property for this application originetivelle RieZ: f PROPERTY DESCRIPTION: Lot Block Subdivision 00 ocx> Key (island): ?,-k-\9 i rjc Street: MM: RE: If metes and bounds, attach legal description on separate sheet. Building Permit Application 4: Date of most recent ROGO application: ---VL.3 P, k 7-1 What kind of administrative relief are you seeking? Gg,�a 0 -\kA(2 Note: Purauan—ito Morarce County Code preferred Board or County Commissioners acgion is to offer purchase it the 11, 011-A (Special Protection Area); or Hl on nowalerrrotil Bat suitable for affordable housing. NOTARY: STATE OF Fa,�DM, DQ C, e Applicant's Signature COUNTY OF The foregoing signature was qcknowledged before me this -day of J Vllj U .20 1�� B Put" owya who is personally known to me or produced (HUNT NAME OF PERS ON S IGNING) as identification. I W, 0 4 1V t . .............. . . . TO BE COMPLETED BY STAFFDATE: ROGO APPLICATION Page 2 of 2 canAdm Relief Residential Application Dec 8 20 10-doc Appliis Initial and dale: �tiURI�}+7 The Law Office of Ray Garcia, P.A. Attorney at Law Florida Gail Law Notary 14850 SW 261h Street southern District oFFlorida Rp m, Suite 204 ` Middle District of Florida Ray Garcia, Esq., Miami, Florida 33135 Northern District of Florida Board Cenified in Real Estate Law Tel: 305.227.4030 Fax: 305 223.9311 I I'^ Grcmi Court of Appeals raarc ia0rav±;arc i alaw.c om www.raygarcialaw.com ***Sent via Overnight UPS*** January 6, 2012 no L5 r Q Planning & Environmental Resources Department 2798 Overseas Highway Suite #400 Marathon, Florida 33050 MONROE CO. PLANNING - DEPT Re: Applications for Residential Administrative Relief for Loan Numbers: 07100479, 07100486, 07100485 and 07100483 To Whom It May Concern: Enclosed herewith, please find the original fully executed Applications for Residential Administrative Relief for the above mentioned loan numbers along with payment for same. If you have any questions or concerns in regards to the above mentioned matter, you may reach me at 305-227-4030. 4 Enclosures RG/ ' -�EPPLIC' TION MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT , ¢It�w APPLICATION FOR RESIDENTIAL ADMINISTRATIVE RELIEF Administrative Relief fee: $1,0I 1.00 ATTACHMENTS: l) COPY OF CURRENT PROPERTY RECORD CARD, 2) COPY OF THE RECORDED DEED OF THE SUBJECT PROPERTY AND 3) A VEGETATION SURVEY DATED WITHIN SIX MONTHS OF ADMINISTRATIVE APPLICATION SUBMITTAL. IF YOU HAVE QUESTIONS OR WISH TO MAKE AN APPOINTMENT TO DELIVER YOUR APPLICATION PLEASE CALL THE GROWTH MANAGEMENT OFFICE CLOSEST TO YOUR PROJECT. I a , Property Owner's Name: _ (BPslness/Corp Documents shawing who auiborked to atgn) Property Owner's complete mailing address: ,. Phone:, Fax: _ __.. Agent's Name: ® ` \ 'A (RecIrared for agents are agent aulhorlm;on tar the ROGO Appllcadon from all property owners) Agent's complete mailing address: Q \ . i_ _ ) ' ®► 4 Phone: Fax: (Please attach a notarized Statement authorizing representation of this application by all property owners. The statement should read: "I. (owner's name) authorize (individual you are authorizing to represent you) to represent my property for this application for Administrative Relief'. PROPERTY DESCRIPTION: Lot _ BlockSubdivision r' Key (island):` ` Street: MM: RE: !f metes and bounds, at ach legal description on separate sheet. Building Permit Application #: Date of most recent ROGO application: J Q 4 t a 7. r What kind of administrative relief are you seeking? is (, tr Note: Pursuant to Monroe County Code preferred Board of County Commissioners action is to II, III -A (Special Protection Area): or III on nonwalerfronl lot suitable for affordable housing. NOTARY: rid STATE OF FLORIDA r—Ap Icant's Signature COUNTY OF 1rV11UYY11 _ Wale' The foregoing signature [was acknowledged before me this day of � V+� 20 By who who is personally known to me or produced (PRI,Y NAME OF PERSON SIGNING) as identification. My c fission expires: (e /Z81)-O!5 Signature of gQikary Public, State of Florida e •► •i� M � 15ti s 1 Page 2 of 2 Adm Re] ief Residential Application Dec 8 2010.doc Applicants Initial and date: 61 00-11 OOLA 3 MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT P. APPLICATION FOR RESIDENTIAL ADMINISTRATIVE RELIEF Administrative Rd ief fee: $ 1, 011.00 "Monroe County Coele Section 138-27 Requn-ements for Administroa i,e ReJief (1) H'an applicant for an allocation award a Whose application has been denied an allocation award for four (41 successive- vears in the Permit Allocation System, and fails to recewe an allocation award, said applicant may apply to the board for administrative relief pursuant to the terms and conditions set f5orth herein, and b Whose proposed development otherwise meets all applicable county, state, and federal regulations, and c Whose allocation application has not been withdrawn; and d Who has complied wn:h all requirements ofthe Permit Allocation System, arid e Applicant follows procedures for administrative relief contained in the land development re,zulatjons .2 An a lication for administrative relief sball be made on a form QMSCrib 6 ie Wrictir if ■ 1110M, 11 kr= Pane 1 2 / d et Residenti i n FT 10, d oc Applicants Initial and date, h I "D 1will 10 UK] I Property Search -- Monroe Co y Property Appraiser Page 1 of 3 Karl D. Borgium Property Appraiser Monroe County.,• • • • • • •M-mi • Alternate Key: 1382396 Parcel ID: 00310280-000000 office (305) 292-3420 fax (305) 292-3501 Website tested on Internet Explorer Uwnershlp Details Mailing Address: All Owners: AKINS JOHN WAND GLENDA AKINS JOHN K R/S, AKINS JOHN WAND GLENDA PO BOX 246 KEY LARGO, FL 33037 Property Details PC Code: 00 -VACANT RESIDENTIAL Millage Group: 100H Affordable No Housing: Section-Townshlp- 14-66 29 Range: Property Location: VACANT WITTERS LN BIG PINE KEY Subdivision. DOCTORS ARM Legal Description: BK 1 NLY 51.5FT OF LOT 26 AND ALL LOT 27 DOCTORS ARM SUB P83-141 BIG PINE KEY OR409- 382185 OR788-1431 OR849-801/02 OR1384-33 OR2101-1457 OR2404-641O/C p - lash Player 10.3 or higher Show Parcel: Ma Must have Adobe F Land Details Land Use Code Frontage Depth Land Area M10W - RES WATERFRONT 0 0 17,390.00 SF Misc Improvement Details Nbr Type # Units Length Width Year Built Roll Year Grade Lffe 1 CL2:CH LINK FENCE 594 SF 99 6 19U 1985 1 30 Appraiser Notes REMOVED OVERRIDE AS LOT IS BEING USED 2007/05 PERMIT# 07100485 FOR SFH IN PROCESS PER BLDG DEPT Property Search -- Monroe Co by Property Appraiser Page 2 of 3 N'LY 51.6 OF LOT 26 (RE 00310270-000000 AK 1382388) HAS NOW BEEN COMBINED WITH THIS PARCEL PER OWNER'S REQUEST, DONE FOR THE 2007TR 5/08107 (JDC) Parcel Value History Certified Roil Values. View Taxes for this Parcel. Roll Year Total Bldg Value Total Misc Improvement Value Total Land Value Total Just (Market) Value Total Assessed Value School Exempt Value School Taxable Value 2011 0 416 79,897 80,313 80,313 0 80,313 2010 0 416 121,730 122,146 122,146 0 122,146 2009 0 416 121,730 122,146 122,146 0 122,146 2008 0 416 131,120 131,536 131,536 0 131,536 2007 0 371 458,920 459,291 459,291 0 459,291 2006 0 2,398 153,750 156,148 156,148 0 156,148 2005 0 2,442 153,750 156,192 156,192 0 156,192 2004 0 2,485 61,500 63,985 63,985 0 63,985 2003 0 2,528 53,813 56,341 56,341 0 56,341 2002 0 2,628 64,575 67,203 67,203 0 67,203 2001 0 2,746 64,575 67,321 67,321 0 67,321 2000 0 1,679 64,575 66.254 66,254 0 66,254 1999 0 1,738 64,575 66,313 66.313 0 66,313 1998 0 1,809 64,575 39,463 39,463 0 39,463 1997 0 684 64,575 39,463 39,463 0 39,463 1996 0 718 64,575 39,463 39,463 0 39,463 1995 0 764 64,575 65,339 65,339 0 65,339 1994 0 798 64,575 65,373 65.373 0 65,373 1993 0 832 64,575 65,407 65,407 0 65,407 1992 0 878 64,575 65,453 65,453 0 65,453 1991 0 912 64,575 65,487 65,487 0 65,487 1990 0 946 60,270 61,216 61,216 0 61,216 1989 0 992 54,735 55,727 55,727 0 55,727 1988 0 1,026 30,750 31,776 31,776 0 31,776 1987 0 1,060 30,750 31.810 31,810 0 31,810 1986 0 1,106 30,750 31,856 31,856 0 31,856 1985 0 0 26,400 26,400 26,400 0 26,400 1984 0 0 26,400 26,400 26,400 0 26,400 1983 0 0 26.400 26,400 26,400 0 26,400 1982 0 0 20,842 20,842 20.842 0 20,842 G< J Property Search -- Monroe Co, y Property Appraiser Page 3 of 3 Parcel Sales History NOTE: Sales do not generally show up in our computer system until about two to three months after the date of sale. If a recent sale does not show up in this list, please allow more time for the sale record to be processed. Thank you for your patience and understanding. Sale Date Official Records Book/Page Price Instrument Qualification 31612009 24041841 100 Qc 11 313012005 210111457 1 WD M This page has been visited 109,405 times. Monroe County Property Appraiser Karl D. Borglum P.O. Box 1176 Key West, FL 33041-1176 i R" Vegetation - PROJECT AVIUS R *. LEGAL DESCRiFyriON BLOCK • i PORTION OF •' DOCTORs 10/23/2011 71 -nNGLER LANE, MARATHON, FL 33050 WWW.JUUE_CHEONC�HOTMAIL.COM PHONE (305) 395-1985 FAX (305) 743.4587 Julie Cheon Environmental Consultant Phone (305) 3954985 71 Tingler Lane, Marathon F133050 Fax (305)743458° Overview: The following report includes a site description, a list of vegetation located on site, and a map indicating the location of relevant features and all Listed species. Site visits were performed on performed on October 8th and 22"d, 2011. Site Description: The above referenced parcel is approximately 17,390 square feet (sf) and is located in an improved subdivision. The parcel is contiguous with a single family residence and a paved road, Witters Lane, on the west. It is adjacent to a vacant similarly vegetated parcel on the south and a dredged canal and dredged open water shoreline on the north and east respectively. Please see "Attachment A" for a location map. The property is located within the National Key Deer Refuge. The parcel is disturbed and, with the exception of the shoreline, is predominantly vegetated with groundcovers. Much substrate is nearly impenetrable and may have been paved over in areas at one time. Some areas have a thin layer of sandy substrate. An area in the western portion of the parcel has some hard -packed marl, while the substrate in a more densely vegetated area is consistent with an organic mulch developed through the decomposition of plant material. The land appears to have been previously used for a trap yard, as trap debris is located on site. Shell fragments, presumably scraped from traps, are located on the property. Deer scat is located throughout the property. The shoreline contains a mix of mangroves and buttonwood. Bay cedar is also located on the shoreline. The Monroe County Habitat maps classify this parcel as "Undeveloped Lands. " The parcel is predominantly vegetated with Andropogon glomeratus, Phyla nodtflora, Fimbristylis cymosa, Sporobolus virginicus sand Distichlis spicata. Many of the species located outside of the shoreline are considered species that inhabit wetlands. There are pockets of algal growth on the parcel, but algal matting is patchy and not well defined. Overall the substrate is not indicative of a wetland. No other wetland indicators were located outside of the shoreline. Although the property does not appear to be a functional wetland a formal jurisdictional determination from the Florida Department of Environmental Protection and the Army Corps of Engineers is recommended. Species of Note: Brazilian Pepper is the only invasive exotic species regulated by Monroe County located on site. This species is relegated to one small specimen on the shoreline. All Brazilian Pepper must be eradicated from the site prior to a certificate of occupancy being issued. 92 Julie Cheon Environmental Consultant Phone (305) 395-1985 71 Tingler Lane, Marathon F133050 Fax (305)743458 There are two Listed species (Conocarpus erectus, Phyla nodiora) and three state protected species (mangroves) on site. A species is considered Listed if it is designated Endangered (E), Threatened (T), Regionally Important (RI), or Commercially Exploited (CE), or if it is a Native species greater than 4" diameter at breast height (N>4"dbh). All Listed species require mitigation if impacted by development. All Conocarpus erectus have been tagged on site with orange tape. Due to the prevalence and the mat -forming growth pattern of the Phyla nodiora individual species were not always tagged. When possible individual specimen were identified. In areas where the density of P. nodiflora or the location of plants mixed with dense groundcovers prevented the identification of individual from being determined the number of specimen were estimated as follows: Observation of individual specimen indicated that a mature plant spread to an approximately a 3' x 3' area for a total of 9 square feet. Areas with dense coverage were measured and the number of species estimated utilizing the formula of 1 specimen for every 9 square feet. Monroe County Code requires monetary mitigation for all impacted species. The mitigation amount is calculated by Monroe County depending on the species and its size. Please note that locations are approximate due to the density of the vegetation and the limitation of the measuring device used (measuring tape). All protected species are shown on the attached map. Please note that locations are approximate due to the density of the vegetation and the limitation of the measuring device used (measuring tape). Appropriate permits must be obtained from Monroe County prior to removal of any vegetation. Please consult the Monroe County Biologist for specific requirements. Please feel free to direct any questions regarding this report to the author at the above referenced contacts. Julie Cheon Environmental Consultant Prone (305) 395-1985 71 Tiogler Lane, Marathon F133050 Fax (305)743-458 4 v' q . S�CGIes L,lst Scientific Name Common Name Status Wetland Status Notes Andropogon glomeratus Broom Grass N FACW (DEP)FACW+ (ACOE) Prevalent Avicenna germinans Black Mangrove N OBL (DEP, NWI) State Protected Shoreline Batis maritima Saltwort N OBL (DEP, NWI) Shoreline Bidens Alba Beggar Ticks N FAC (DEP) FACW- (NWI) Blutaparon vermiculare Samphire N DEP-FACW ACOE — FACW+ Shoreline Borrichia frutescens Sea Daisy N OBL (DEP, NWI) Cenchrus spp Sandspur N Conocarpus erectus Green Buttonwood N FACW Cyperus ligularis Bull Rush/ Swamp Flat Sedge N FACW (DEP, NWI) prevalent Distichlis spicata Salt Grass N OBL (DEP) FACW+ (NWI) prevalent ' Eustoma exaltatum Seaside Gentian N FACW Fimbristylis cymosa (aka F. Hurricane Grass N FAC (DEP) prevalent spathacea) FACW (NWI) Flaveria trinervia Clustered Yellow Tops N FAC (DEP) Ipomoea pes-caprae Railroad Vine N Laguncularia racemosa White Mangrove N OBL (DEP) FACW+ (NWI) State Protected Shoreline Phyla nodiflora matchweed RI FAC (DEP) FACW (NWI) Prevalent Rhizophora mangle Red Mangrove N OBL (DEP, NWI) State Protected Shoreline Schinus terebinthifolia Brazilian Pepper IEX FAC (DEP, NWI) Cat I Sesuvium portulacastrum Seapurslane N FACW (DEP,NWI) Suriana maritima Bay Cedar N FAC (DEP) FACU+ (NWI) Unidentified Grass Unidentified Groundcover CE Commercially Exploited All Protected Key-5tatus ex Exotic non-native (may be naturalized) END Endangered All Protected IEX Invasive Exotic Removal Prior to CO Required N Native > 4" dbh protected RI Regionally Important All protected T Threatened All Protected d _ \ � % k / a m k k � k � � . ■ i wi ADMINISTRATIVE RELIEF SOUGHT On March 2010, the applicant John K. Akins, filed an appeal to the Board of County commissioners about the reduction of ROGO points and the rankings approved by the Planning Commission March 10, 2010 under resolution 04-10 which affected his ROGO applications in regards to this subject property. The appeal was based on the original scoring of the property by Monroe county as being in an AE flood zone when the property according to Monroe county was in allegedly in a VE flood zone (4 points). The actual VE flood zone point change placed on the subject property occurred when the planning commission approved quarterly rankings on ,Tune 10, 2009. According to Monroe County, on or about April of 2009, the Planning & Environmental Resources Director reviewed the documentation in regards to this subject property that was in the County files such as flood zone maps, survey, and plans and determined that a scoring error occurred by the Monroe County staff regarding the flood zone point allocation on the subject property and the Director further determined that the scoring errors occurred on the four applications of the applicant. Based on the findings, the Department changed the applicants ROGO rankings for the subject property. The applicants rankings moved down approximately 18 places in the ROGO system. To better understand the impact of this error by the staff of Monroe County, the rankings prior to the change showed the applicants ranked 22, 23, 24, and 25 and the next rankings with the alleged corrections showed them at 40, 41, 42 and 43. Because the staff concluded that the property scoring was to be adjusted to reflect a VE flood point deduction, the applicant has suffered incredible financial loss, especially considering that the development that had begun on the subject property had to be halted and substantial monetary loss has occurred. The applicant believes the initial scoring was correct and the surveys on record in this matter reflect an AE scoring. The administrative relief sough by the applicant is that the property scoring be corrected to reflect the points entitled to the applicant and subject property under an AE flood scoring along with additional points that are in order for time passed. 2 County of Monroe Growth Maaag=ent Division Board of Conaty Cmmft9g era 2798 Qvaseas Highway ram: Mayor Gowge Neogen% Dial. 2 Suite #410 Mayor Pw Tan Sylvia I. Murphy, Dist 5 Marathon. FL 33050 Kim Wigingtau, Disc 1 Voice: (305) 2M2500 Heather Cerruthas, DisL 3 FAX: (305) 2M2536 Mario Di Gennaro, Diaz- 4 We mire to be coft p vfendonal and fast CERTIFIED MAIL 7OW2150 0001 0488 1131 April 27, 2009 John Akins 107 First Terrace Key Large, FL 33037 RE: ROGO Applications 07100486; 07100479; 07100485; 07100483 Dear Mr. Awns: The Planning & Environmental Resources Department has found a scoring error on ROGO applications 07100486; 07100479; 07100485; 07100483. The proposed development in each of these applications is located in the `V' flood zone. Therefore, each application has been given the 4 point assignment for being located in the `V' zone special flood hazard area. If you have any questi(')qWease contact me at 305-289-2513. Sr. Planning Tech. cc: Townley Schwab, Planning & Environmental Resources Director I �►:� :11:� Y 1�� 4 aE T A TLY . " Afov,Rog COUNTY TRESSOUR-CEs , p 1'%�fi&ysjor' 'ZI am dr To. Planning coni-n'+ Ssioa From: Tiff -an StanldExnwic?, Developm- e-nCAdrzi_ srat or 711 Lr G u zh: Townsley -Schurab�, Sr, Director of Plmmingy & n-I'manm-'ental R-SOLT_rces___�� D ate: S ep t er-I b er 17, 201 LT bi e -_t: Resider! ­wrrlL,:ig Unit Evaluation. Rmort for Big PintINo Nasne Key Subarea Qua_--Le�r 4, 'vXoEr 18 j I T'his r-_pois has been- prepared _rsu2nL', tcfxo:,', 13 8_2 6 of the Lamd Develorm r Lient - 2. (LDR-s). ThLe proposed ;m�sidcmtial d-i-veiting -mit r__Uk-ings ig Pint/Nr, NT % (B ame K_ 3 attach ed to dLTS rewr-' are f-or the f-bufth qL-axteE Of year wb-imb cove—n the, 6•eriod ADrE 4 13 , 2010, throu &h 1 LTI y 12, 2'. 0 1 101 5 6 D, RX CK GWOEWD IWF 0ZEL4TI0_M, The public hea,_dng for Lhe Si ar Fina/Ylo 'Naumt Keys SUbalres. ROGO allocation and ranking dace nni-naption wass oontLqutd y the- Flaming Comu-nissian from September 8, 2010, to let El�nkss Preva-f-I Present infor-ma6on or behaffojfhfix, Joh-in -Ak-L-IS rega7ding YiOOd zone scor-ing correctirms I i for prop erdies, identiflie'd b.-Y r-al --state num-bers 00310220.000000, 00310240.000000, 12 003 1028SH00000, 003 1026OW00000. 13 14 A. HISTORY OF AKINIS ARPLECATIONTS. 15 16 On March 30, 2010, the applicaint, John K. AJ-dns, filed an appeal to tht Board of County 17 Cor ssioaers about the reduction. of ROGO points grid the ranLrigs approved by ffiew 18. Plamning Cori -iission. rya ch 10, 2010 u-nder Resolution 04-10 wh1 ch affected his four 10 ROGO Applications. The subject parcels and applications are under the ownerslLyp of john 20 K. Akins, John NAV. and Glenda AL -ins. The app--al is bm on the or �, corin ed Lj-dnal incorrett s _ _g 21 of dhe properties as being in Fun AE flood zone when the properties are, in fact, in a VE flood 22 zone (4 points). 23 '4 2 Monroe Coi mity Code Sect on 13 8 -1 -Appeals states t:tIat an a.0peal fitom tji�, e ie. i Li cis on. of the 2 _5 Plam-1-inig Con=_ission oa, a ROGO allocation shall be made to dhe Bo�,_rd of Counit), 26 C o -L niTiisslon-ers wifEir 20 days of" tht Plamn�ng Co,=-,. -ission-'s deciSion. The filing of zn I am� ml appeal dons riot stay e-fther the action of' the Commission o--- act. -Or" of-' 4,T-.6 FILTunrig DirertornThis appea-1 o---F ffie approved ROGO Ramh:iings b-y J< C Plarmaing Con-imiss-on from Mazch 10, 2010 was filed in timely -rn-&-in6r, t Ctua i -- Jhe z 7 1 j' 4 re-ductions a -Lid changes occ-LTred fta Pi 10, 2009 by Planning Com-mmision 5 Rwolution P23-09. The Cor-it does not speci?y that tLe appeal must follov" after any speci-fic 6 quaftenly ra.,+ dng, Ori2inally staff was prepared t3 schied-ude the appeal at Ch-e Amc; 2010 Board of C"ounty 9 Cor-n-missioners -ravet-ing, How, ever, p1nor 'Vo ffiLe agc-uda Nit-, Prevatt requested fit--t 6 10. &-e --,nEtter be haay-d at 'Uh e July 21, 2010, Scar d methag, vvhuch requFv v-vzs granter,'_1 Oil july 11 .20, 2010, Lee Rohe, Esquire, Fequested the zppz-al be deferred f'-,om- beinrasentL ed bdore: 12 thee, Board of CGtmty Co=miss-ioners, 'ihe applicants decided to defe7i she appeal Ln cr--r. to 11% first" present iffitir objections to the P] irLT:ncr Cor-munission. since- applicants MEy offfi—b, D an te 0I ar U a L st--I-mony about Lhair application at any public heming, ---ncerni-ng 1ROG-0 in iy q a.T:t r Z FCO—he T-10 loneer repl-'escn-L's l,/2r. A-1-nis -L.-m-, this yznattzz�-,). L 6 17 SL-1-ce- ffie scoring ecr-itcu"oa, 616 Pimin-ing Comissionkz-Q re�riewed and anproved 5 qu---tterly r-ank-i.-Ligs n-=T!�CtLngr the scorL-nc cur7c-ctior—,s. 1,,Tc-iffier r-he appiicEnt :-,or a-Uthonztd agent wher-- pnesent at these public hezmngs- The last apprm"ed quar4 it6y -.rlaL- -Figs -1 kin 4,- Mgr -t5 20- Pi ink rz / N o N F-r 7Le K - --y sit attea v,, g ere o z. i- J mr) e 9, 2010. � 1 22 B 2k-qnHc--7-Li.cns,P-�nd Locatriops 2 D" 2z� 1 App?icadoas and Locations.- 25 26 1) B-aildingPer=dt Aprplicat-ion & ROGO Applicati.--)-rl. 9071004 27 i �a gal Desciipticn.- �r-t-s 2 1 end 2"Z ock Do--"ovs Ai-im. Subdi-vi-i'Sion. nr r,'-c hionroe County, Flor-Ea 29 Real Estate 'Num-ber, 003 10122U00000 30 3i 2" Buildinnor P=, it ADT,-licstion --'- PROGO Arplicationn: 407i OC)479 -`3 2 Legal DesCI-J.'D60n: Lot 232 and SLY 26 L Lat 24, Block 1, Doctors to Subdivision, 3 Bl'a, Pillo Key, hffonro, Comity, Florida 34 Real Estate Number., 00' ) 10240.000000 35 36 3) B uil d inzniit App U cation &,� ROGO App li cat -1 oi 1: #07100 IT 0' 5 37 Legal Descnption: L-ot 27 and NLY 51 -6t Dot 26, Block 1, Doctors A,= Subdi,,�sion, 39 -Pig Pine Key, Inc County, Floricla- 30 ReJ, Estate N=ber: 003102 0. 0000 461 A) Building Permit Application & ROGO Applicatioa: 007100483 IT Legal Des-cmp-Lion: Lot 25 md SLY 17 ft Lot 26, Block 1, Doctors Am- Subdi-,dsio-LI, 43 Big PLne Key, Monroe County, Florida er : 00'10260.000000 Real Estate Numb .3 45 .46, -T 0 w -,--) e r: John K. -Addris, John W. and Glon-da Alcin-s PagC 2 of 8 -3 OP Ce IN I I Land Use Dlistict: Coyru-nercial Fishing Sp-ci,7J Dist-Ict (CIFSD-9) Futurut L-pzd Use Map ff-LUM) Desipetion: lyfixed UseVC-ornsraerciej Fishazig (MCF) RGGO Stibarea: Big P�-ie Key/No INTan, e Key Ti,, ................ ............................ -Lb-e chart baiow shows a chymology olFap ication; sub m-ittal dates (BuildiftC7 Department Applications to ROGO Ajoptications), desm.-atimri of flood zone information provided on Building Applicatioii Plan sub-mittals, SU---vey Suby-Mitf-a-IS show--iing flood -?Ono infor-mation, approe-inn-ate date O-f sc*rin- error discl),vez-y, sw,-L-2g er-Lor notification 'to applicants' addre*s 0 of record, PJanni-nz Conmiissioa Resolutions indicatiag swring C�I-i or Carrections. 0 003 E0140.000000 As submitted b the ♦ 1#1 Pre tl�=— —Svstem min= Epplicants fLe 6 for VE fiood zone Suflding ?IF-ng irodicated flo" zoae deduction Pofats WE3M 0 I wmff� a BuIldiag Dvpr-meaf May X, 2007 June 6, 2007 forwtrded Epplimtion to FIZUafng to car -fact I &PPECCUt !Q, cater ROGG. D-Ste ROG G-- June 12, 2007 j June 12, 2007 [a i tiz I Scorlag 0 r ROGG Appa for Qusrter tba� clesed JVjV ZW7. Sc (Irit"r F-r-or discoVered Date certfflmd leter seng reprdlmg Date re-orr receip, wr-c Simed ROGG. Rankirep- Quar-mrr 3 'dr 17 indim-ced scorina ON, WIMVIIIWM�-I� ROGO, RamUngs QEezrter :, Yr 1'0 candaned with. correct PoIL64 ROGO Appficzt;m scored �s F in Zone (as- indk�L--d Reviev.,ed Oor VE zor. Rev!ewe-6 ,%,- 'VE zon� construction T const-ucb��(I ROGO M) HIcs, I ion R scor--4 z.- if in & E Zone (,s=-ed in e-n-ar! Tier Syst-cm sh3u d Tic-, Sysem, Sh3UId kvt indicated -4 have i n 6; ca t --� -4 points D3iII nts Piasning Co-,rrr-,is:si Al)Dr3k'Cd RCSOlUt"' Planning COMMiSSi3n An roved ,P Resolurion PO4-10, March 10, 2010 IMSIERM Plan-ing Comrn-ziof, Approve%,� Rcsoiutior P23-09, June 10 200V PlanniPL7 Commission Approved Rmolution S--*t. 2,2009 Planning Commission Approved Resolution PO—' 10, March : 0, 20iO ROGG Rru a Ida I- s Planning Commission Planning Commission Quar'Ler 4 Yr i1c, continued thz revie,.v continu--q the review cowmaed VkIth of Big PincNo Name of -Pig PirmNo Name K--5- S u bare.- to 20 10 MWA �Mly W I Lp P t n Tj M_ 1� I a W I mp 11. Planning Commission 4LDpro ' Resolution vea P4-2-4D9. S--DL 2,2009 Planning Commission Approved Resolution D .04-10, March 10, 2010 Plarning Commission Approved Resolution Pi6-10, June 9,2010 Planning Commission continued the revriew of 9i.- Pinp-INo NFmc Key S ub&re:p-, to Ser,ternber10 i Sys"em ho ,e 0 hsve 031nts Nwirinz Commission ApprokQ Resolution Fi3-09, junc 10, 2009 Planning Commission koprove:d Resolution P42-091 Snot. --/, 2009 Planning Commission Approved Resolution PO4-10, lfiar--h R. 2010 WON"" U1 Lply, rinwr`to IN Kzy S u bw-m 0 Sgix,tcwb--r n'. e above O-kz-,i shov"S the pertinent irdo-rmation fro-m ffie ini�Lal s-nbr;-dftL,,J of ffie fcoiz applicado-i-is to tb�=, Building Dtoartment. Three applications cxmtaurie�d inibr-mationn or, the building plans and s-a-veys sholwin a the properties located in the WE flood zone, while oat set of buildi:i- plans apd Lh-e survey inar-or-tectly showe—d tht property located in ile A-E Flood Zone. When dhe Applicmts subsequently eniered ROGO in Jime; 2007, staff �r�-r-,ecdy Page 4 of 8 �7 Sr"�'Ireo Ll"e appilcatons W-It-hout a VE flood zone deduction of four Points PLrsuEnt to ti,--r ordinar, ce criteria. T'he, e-_rors discovered when staff reseai-ched the Epp Hcat-ons based p L " on Lr.,L-,'-or matio_n �o m. anothear applic,�_�nt, m-eivf,-d by ffit- Planning Depastment regLrdi;-Lg pci­'t 4 deductions ',cr * VE flood -one. One oi'the L'ou-r applica,,' _td ions was scored in er-ror bas on 5 an incor-ect survay, which was discove ' bY Si I er eXanihning the Flood _Tusurancz'� Rat- 5 r--d �Eff aft 6 map (see ILI-ap in the SeCIL'O'--r- P3 abo;iva shows tkit property bowqdLries Md 'VE aA_E_ Flood Zone Hae"). Ct A-oriff 27, 2009, ffic ApplicaaL,_ we sent a cej-i, a ss L'ied 1�-,ttcr ILO the ddr,�� of Tecord L 113 re =4ng die soming error. A sign ' =ti-Eed receipt da-,- May jss 2009 was returned 9 rzIa IL - ea tc, 11 the P'janning Dqpa=,_i ent. Substqueintly, t1he Scon-rig corrections for there applicat-ions -""t 12 _dentizHed on Lhe am3roved ROGO -7-anluffigs, TA-11-lich are available in e thDer, I'll, - a-r-MIL -I 9 arL tent a_nd on the Clounty ',Web Site. FTOM U�C iIIF^0=atf0-a L-1 the foregoing ch=--L ffit -7ank-ings -'vem 14 a "asted m�d maintained al -flive quarterly Plan a] _njng Co=L�Ussior_ nne_-Cags and Qhe amolicar�ts dil-11. not appes-r before the PlarLILing Coi nissi T L - con i 6 17 DI, RIEVIEW OF APPLECATTOM, 19 a the r67 ons teed L. 1, Lw . AJan s is questionin,g IL--%P- -.educt-Lon off the ROCIO paints or LT kppli ca, i s n, 20 above, Haivever, the actual VE flood zone point change occuz- rL 2 21 L rankings on prove"� qul�tczlv ' , 22 JU-rit 10, (sem Resolution 1?234,'�:'�)-. F S U_ In kon-I of 2009 PknnneLi ig & Ennqro-jrntal ,a o r s Director rcviewed t1he 24 documtntation (fEls-s, food zone rnaps, sLInIe,T'S, pl M-S' etcj to del ernainle If a Scoring error 2': 26 occut--te-d by staff reg-arding the floDaT zone Pointsa Lhe reviavv, the Director dete-nmfined .'j I - ffiat scoring enors occu.:-Ledl or. Ek ibur zpplicatjol2s, Therefor_-5 the applicants were sent a `7 .L C-_nd 17- 511 letzer r CC er® 1, _-�_ ed- JkAr ai-', R ett='' -. R e Pt ? 01 G 6 2 0 001 04"R 7 1 3 1 ) d_mv --' A -E-AE 2 7 28 20010 arding ffie 5400d zont sr-or-ing error, which was tie d 15 on May 15, 2009. TTIC e - 'fled on e as soas therror disoaveT-t(i a proll, CEntS V:r(,';-re 110tL 10 'Y the DT-arbLnen't was cornpele d lo corcect ihe e= or, in order to Preserve &1- ngghts of other 32 applicants in the ROGO rankings, The rEnIffigs of the kpp1ic - ants, roPeitLes moved 0 Gv 0A A'vethe d appacan t- approximately IS places, The rankLags prior to! the co=_ecLi �s Z ' 5 - ner - r , �A-, i C 34 ranked 22, 13 24, & 25 and tkc -f - =U:ags th de correcdo.ps sk�awed, them Et 410 35 41v 42, & 43. 36 37 Mr. Baaks Prcvatt came into the Plannin Departneat in November of 2000, req esting 9 U information about these properties, ix­hich -%vas prior to being an agent on tht-ROGO 39 applications. He late " for inff'o=,ation about an appeal. APdeal info rmetion was 40 pro�ided. On March I C', 2010, agent auLho-r-lization was submitted, 41 42 -the properties eart, located into Big PiineNo Nam - Key ROGO Subarea. This subarea is 435 limited to C mar-r-ket rate allocastons per year, 2111mving for 2 allocations per quuter, nrovi&�-d there is enoughrnii1igation to c—over the Hs -value used for allocsatioaE. arn ffi a Q u ar" or I v 45 r a rk -, i- ap roved by ffie Planring Corn-r-nission N�� ch 10, 2010, the Nvo p 93 P a PI nts who 46 raceived allocation awarEs each had 20 points and the subject applications of the this appeal Page 5 of each had 9 points. On Amt 9, 2010 L�e P'laillur-2 C-0-TuMdsSion re,r evved and oumitfTly rar-&-ing On P-neft _qrj Nam e Key Subarea, v,4iichi reflected thue applicants V zom,= 3 scomm& 4 5 fut should be noted a�&_t th-Mm, aD- I Will be tligible z'or Administradve, P, iie a 0 1 'ca"c iO FL - t f fierr diem 6 G.Uarccr Closure OF july 2011. From die Closur- of, the 16, quarter, affieq the, ROGO 7 aPpEcation va-q --unade, thie applica-It vqin Jla��e 180 r, da3c- to Si?b mult i=r A, Ld'rninistuadvt, Relt, 0 Applications, 9 There is an zftenL PLC avenue availlable afor the av0-orir, L n's 'cO 'r`_`St'gEte regErdiuISDr the VE flood z 11 a d es i P --d On . P;-OP a-LY Wvn ers. rm Ey s e-ek a I tter 0 ff 1t4 ap R a Vision L04° 10,) r--q uts i mg a 12 r ed Q re_"'S'on SlOv�`g the' P OPer�,Y is 10cat - in a HFierent flood zone, 13 property in Doctors, A-m 1 Lhat r=n-Lb' obtained a LO!vf?, 7pe at�plicavts as ea, a -nay t&ct con Dian(,= -1iru, Spe,:;Ial ProjeCts/Flocd.PIEL-I A'dMinigtafar for adu-itional-inf0mmiation reiarding th�s i 5 Drocles's. i 6 A. 17 As an asidue, the applicants Should Contact drie survyor regazding L�,e ae� f r E rre-c- 10 1 0 co 'd survey 4nd also, 0 Should cor.-Ltact the _��uo=uo- COT, -L,, _egaza muc any 19 - un , Buildin-, D=aFLrj.-je-.t building PIM Ci-r-rections ffi2t- mFy be required for Lbe rr 20, rember 001 1,0220.0000K ove* identi-15r;d with reel estate 21 22- 12"L.Efff conclludCs dk­e sconing was correc,173, adjusted to redact the -\C�- p,3L,-It dadL�Ctio_ C5 - Hov'rever, if new evidenct iL Eubmitled to S-ho-,v the Proryerde�s Ere in L� e A-E Srood zoze and 24 no portion offthe strucn_,re is loczftd in the VE flood - - 25 adjustc-,d accofd�gJv Zone , thni Lie poiauts could bee Posilively 2 27 2 9 9 ivforzoe Cou-nty CodSac-'e on i 8--,6 (c)��_) ')- Q . _Iis for MY P121IMi-rul,.- cow -mission changes in 30 the scoring or ra:Llcing of market r?t- kPOicz--tiOl's ShJ-1 be spect-fied in the forn of a m I ocioo 31 adopt the allocation ran.Engs and may include the folloFvina: 32 a. Am error in the designation of ffie applic,-Ne Subarea, A -r b. A mistake in the calculation or" dedicated Or aggregated ltsr°Iand® 35c.A mistalke in assiumnert of the tier r1lap designation in the 36 application, Such -a mistake in reading tbe tier designation in 37 apul ying points for ':he.aPPlicatiOn, MY change to the tier map anust go th-rough the proc eduf-es for amendmenr 'L of Lie tip-T Imap, 3d.Any other administrative error or Omission that ®a cause dhe 40 application to be intfy soorc_,. 41 42 F A reviev of the AL -ins applications sheed a Scoring error was niade by staff Subsequent,y', _A3 staff corrected ffic sconng to maintain. the integrity of tLLC,L Oscori , Syste- -, _odt 4_4 aRows. the Planning Commmission to adjust a scare if the change is to correctly a®jjLst the score. A 5 7-le Pp liCantS, ROC heT= SCor�eS are C'OrL L, 5 C10re, tlle Scores cannot be adjusted to reflect 4 6 moorr. e_m information or w . inp-ecir-a-cy ni applications Cr errors by stalto raise Lrt applicant,s P?ge 6 of I score at ffic txptnse o-f ouners in Lhez ROGO cornpotition. It is Pla.xL-Ling Com=.jss:ors IN ' tior - ari a cb!Lga, i ro con-ec;t -.-ror or an, ornissiorn tliat nm-y cause 21-1 inc-01-nfkct sc-ore. 4 fm O-CA TfaNF,,-Y,—,r0REI--OI? ix PE,,4 5 6 A. Pursuant to Section 139-2d the n-L =unber ofaunnuivaj alloca'nonF available is 1 Ia7e 7 B. Secdon 139-24(c) allows -my unused portion of at-Ordable housing P-110caLions to b5 retLyned and rolled over into next dwe-Iliho up -it fly cation -yeEz. C, Stctlion 1---j'08-24(a)(4) 2.110-�7,rS the Planning Com--mission to arnend the iffiordable housing 12 proportions duzing zny R OGG quaer. D. Section 138-27(g) "irruts rtlief allocations per quarter. The riur-nber of ailocadons that nnzy be a:wardtd under adr-ninif'straaave rtilief in any suba-r�a quarter Shall bc no -,ricre thain i5ftypercent (50%) of Offire total avail ab!emaHcet rate alljocz-iio 17 10 6 0 Section- I limits on t2he inam ber of alloca-doa Fivlazds In Tior L TIA.- a-ninuai 19 r,=b(-,-r of zilocadoin awards in Der f sh-11 bt no more than th-L= (3) Tr tb 20 Urjptr j,'-eys a -rid no --unorp.- thm Llr--- (3) in dhe Lowc—, Keys. Big Pi"16/No Nainnu e V�31 is 11 Elmitedu to ten (10). allocations ovr a fMre-nty31--a-,r period or H =,022 whichever is lorver. 22- 2 `3 Below is-, a table tracking � - Tier 1 Flo itions by a Ca p ezr, 241 25 265, 27 28 2 191; 30 31 32 33 34 3 3 5 36 j 7 J§ 42 43) F. Momroe County Codt SecGon, 138-25(r� Expiration or' adjocatior a af-d' F;r P-io-vided for in this divisior-- an :-Iloca�ion award shall expire wh� its Oarrespondi-tig build.ing Der-init is not picked up after s-ixi-y (60) days ol"'nodficadon- by c---rtified mail of the award or, after issumce of the building p=it, 0. Monroe County Section 1338-24 allows a total of,03 r-narke'.1 rate glocations per year for the Big Pffie/No Name. Key Suba-rea. 0 H. -Monroe Cownty Code Section 138-26 allows the adjustment of residen-daj ROGO allocations at the end of each qu&-Cerly allocation period of zdditions or subtractions Lhe basic a1location available by subaiez such as the numL ber of dwellina unit allocAti awards dht ex-pired prior to the iss-ulanct or a co,-,Tesponding building p =.-Lt. M —FF//-LUA,-7YrG-.rkIX--AJD RUMEEIVG: T'he ew-�Iuatioii of"the allocation appEcations was PeTLorrned by the Ph-,riairig & EavLroarneatal Resot-irces DepartnenL Pcsitive and negative points. wt-e gra-Tuted in cornpli&-Ice witlh tht ?2jze 7 of 8 30 i 2 3 6 7 to ll 12 13 14 i 7 19 20 21 2 2" 2 A 1, Cor - Tc� tainued �-,n Sac�icjr, 1-38-28 ol�, ez LDRs r the Bima -PiD-,--/ NO Key SuTb- t Lh U applicadcris rec,elved identicall sccr-es, th I i , -ey raliked base,'d on th�,= applicaats with - ,h,F, �ewes, neaauve Please -ijGt- ffiat ErLy e'Cess :.fflGcF oL tL allocation p-enodiDursuant to h�r Ozru'oc, cmmfy Code Section FI/7 R-E—Ca-vll �IdEAIDA FTOA-191, - - OM Quar!:j2r-_4- _Yes 7 rulked by dais and tftTlte M, ?a:tqer n'Jrj-1beT - of PGi-Tlts On the sF-j,-ne dayae deducted c the rjc,;et 138-26(e), Tille num ber ora- -phcatciaLn tie Pirie/No Nam Kawwugeater thEthe GUa:a!3, alloczbion awards avLlllable. Pelt S-5-ctiGrl 1300-426(b)(7), of the LDRsl the razwk-higs thatlrldlicat-= which applications receivc-d sutiiCiellt p0iflltS EO-CCNO Ell LjJoCF,`:0� al;qx additionad pEg-- is Eftached w�jch idewil-fics file location of each prcgiosad alioca tiGa by island and subdi C -Vislon. The l4arics-t Rate applica-ijoas ,fat azt v-vLEms the quazterly allocatior's re-corn-ea-ded for Quarte-r Big PiAnez"Wo IN am, e Apphcants rankc:d 1 tELEou,— 2 zra recomm,,e 'ed for aq,;Vana� Cu at;'. 3 throl-,QF, ---3CWnl=uVZtd to tie zpproved fti- Oh,=- t, 30, F. N 08/02/2011 13:42 619-42''. 096 CVM CHULA VISTA'' RAGE 01/05 te) [ hereby authvri t% LAW OUICK OF RAY GARCIA, P.A,, RAY GA.IF?CLA4 ESQ. AND PAOLA RUEMBES to be listed as authorized agent for GLENDA AM NS for the Administrative Relief application submittal for Building Permit and ROGO Application # 071004'79, 07100483, 07100483 and 07100486,for property described as Lot: 21, 22, 23, 24, 25, 26 27, Block 1, Subdivision: DoctWs Arm, Key: Big Pine Key and Real Estate number: 00310280-000000, 00310260-000000, 00310240400000 and 00310220-000000. Tlris authorization bvmeg efiectivv on tho da# tMs affidavit is no%Azed and sha11 remain in elyect until terminated by the undersigned. This authorization acts as a durable power of attorney o* for the purposes stated. The ua&rgigned urn rstands the liab[lilies ll4vo ! in ti:e'granting of t ii agency and Aepts foil responsibility (thus holding Monroe County harmless) for any and all of the actions of the agent named, related to the acquisition of permits for the, aforementioned applicant. Note: ,Av*oAzation is needed from ewh owner of the subjW pmpwty. Therqfora, Qne or more authorization forms must be submitted with the application if there are multiple owners. By: / Applicant Signature S Printed Name of Ovmer(s) / Applicant NOTARY. STATE OF C 4 A COUNTY OF S4AI ,Ui 6 4 o sr Tlie forea*g instrument wag acknowkdged before me this — cily of 61 v 6 vS / 2011- Glenda. Akins is _ personally known produced idend&.ation( Dr Type of W=tifieati(;m),,Mldid not take an oath. J. L PfNR * 19231�¢ NOT OIW DIEGb O CAUFOFM CwnnrwenGohm Fes.23,2M.. Ad=us"Uve, [tellef Agent Authonmdon Pone Fw 1 of 1 M 0B/02/2011 13:42 619-42. 696 CYM CHULA VISTA PAGE 02/05 te) I hereby authorize, LAW OFFICE OF RAY GARCIA, P.A., RAY GARCIA, ESQ. AND PAOLA HUEMMES to be listed as authorized agent for JOEN W. AIMS fur the Administrative Relief application submittal for Building Permit and ROGO Application 0 07100479, 07100485, 07100483 and 07100486, for property described as Lot: 21, A 23, 24, 25, 26 27, Block 1, Subdivision: Doctor's Arm, Key: Big Pine Key and Real Estate number. 003102864NKK 00, 00310260-000400, 0031024Q-000000 and 003102204MXNW. This authorization bocomes effective on the data this affidavit is notarized and shall remain in effect until terminated by the undcrslgaed. This authorization acts as a durable power of attorney only for the purposes stated. The undevAgned understands the liabilities involved in the granting of this agency and accepts full responsibility (thus holding Monroe County harmless) for any and all of the actions of the agent named, related to the acquisition of permits fur the aforementioned applicant. Note: Authorization is needed from each owner of the subject property. Therefam one or more authori=tion forms must be submitted with the application if there are multiple owners. By: ZZ, ' Owae ) / Applicant Signature .TORN W. AMS Printed Name of Owners) / Applicant NOTARY: STATE OF G 4 Gi r0XA.%a COUMrY OF . A—^1 % C 6 0 The foregoing instrument was acknowledged before me this � day of A ie6,,Sr 2011. John W. ,Akins is personally known e-5roduced identil�cati ' L 4R'dR Ar-r.�. G� ��r Type of Identificatioz}}, �! did not take an oath //., Z Y) 9 -- NAry Adminiserauve RelidMcat Authorization Ferns Page I of l PC-N,4------- COJYM. tM 19Q3i�.5 v hlp'f/U7Y PIBLtG ►C�Cl1ILI�FORHIA Cm M40n � Ft.�. zJ.2615 RM c (Date) I hereby authorize, LAW OFFICE OF RAY GARCIA, P.A,, RAY GARCIA, ESQ, AND PAOLA HUEMBES to be listed as authorized agent for JOHN K, AKINS for the Administrative Relief application submittal for Building Permit and ROGO Application # 07100479, 07100485, 07100483 and 07100486, for property described as Lot: 21, 22, 23, 24, 25, 26 27, Block 1, Subdivision: Doctor's Area, Key: Big Pine Key and Real Estate number: 00310280-000000, 00310260-000000, 00310240-000000 and 00310220-000000. This authorization becomes effective on the date this affidavit is notarized and shall remain in effect until terminated by the undersigned. This authorization acts as a durable power of attorney only for the purposes stated. The undersigned understands the liabilities involved in the granting of this agency and accepts full responsibility (thus holding Monroe County harmless) for any and all of the actions of the agent named, related to the acquisition of permits for the aforementioned applicant. Note: Authorization is needed from each owner of the subject property. Therefore, one or more authorization forms must be submitted with the application if there are multiple owners. B e s) / Applicant Signature JOHN K. AKINS Printed Name of Owner(s) / Applicant NOTARY: STATE OF r Ia Q.i a , COUNTY OF t4s5 akAd-e. The foregoing instrument was acknowledged before me this day of _�- 2011. John K. Akins is personally known produced identificationType of Identification), did / did not take an oath. Notary Administrative Relief Agent Authorization Form Page I of 1 Notary Potmic State of Fioddlt Virginia ! Gargan P My commission DDS54905 Expires 03/01l2013 M M, 014 o.eu 1734587 t3/17/2 9 11.52 Parcel identification Nlo: F11ad d Recorded M official Accords of MOHROE COUNTY CANNY L. KOLMFIUE This Instrument Prepared By and Return to: e3e17®xses 11:52an $0,70 DEED l7®C STO G-: TRINa Virginia Pennell Sunshine Title of the Keys, Inc. Doan 1734587 102900 Overseas Highway #6 Bkti 2404 Poo 941 Key Largo, Florida 33037 This Quitclaim Deed, made day of March, 20 9, between CANDACE S, whose address is .2 iD U)f i it' w Tz srbJll Gst>i mnntor, and JOHN W. AKINS and GLENDA AKINS, husband and wife and JOHN K. AKINS, joint tenants with rights of survivorship whose address is P.O. Box 246, Key Largo, Florida 33037, Grantees. Witnesseth, that the Granlom for and in consideration of the sum of ----------TEN & NOr100 (V 0.00)---------- -- ---DOLLARS, and other good and valuable consideration to Grantor in hand paid by Granlecs, the receipt of which is hereby acknowledged, have granted, bargained and quitclaimed to the said Grantees and Grantees heirs and assigns forever, the following described land, situate, lying and being in the County of MONROE, State of Florida. to -wit: Lots 19, 20, 21, 22, 23, 24, 25, 26 and 27, Block I, DOCTOR'S ARM SUBDIVISION, according to the Plat thereof as recorded in Plat Book3, Page 141, of the Pnhlic Records of Monroe County, Florida. it 00,J3111,130 1 a a;. a. s,. a • To Have and to gold the same together with all and singular the appurtenances thereunto belonging or in anywis appertaining. and all the estate, right, title, inleres4 lien, equity and claim whatsoever of Grantor, either in law or equity, for the use, benefit and profit of the said Granlees forever:. In Witness Whereof, the Grantor has hereunto set her hand and seal the day and year fuse above written. Signed. s led and deli ed in our presence: 4DA i s#I5l ture AKINS R2�yfr P.O. Box 246, Key Largo, Florida 33037 STATE OF FLORMA COUNTY OF MONROE The foregoing instrument was acknowledged before me this __[3�dq of Marc i, 2009. by CANDACE AKINS who is personally known to me or who has produced Ue 10, 11 srx as identification SEALZf it,, .o tary alure My Commission Printed Notary Signature MONROE COUNTY OFFICIAL RECORDS File 10 0902430 3-7 4CA lot I I rt =7 1 74 - =7 From: Grimsley-Susan Sent Monday, July 09, 2012 11:56 AM Stankievvicz-Ti ffany CC rgarcia@raygarcialaw.com Subject Akins �-�ITLWi7 1111 12ffi St. Key West, FL 33040 Ph. 305.292-3470 Fax 305.292.3516 Marathon Telephone 305.289.2500 •rorn: Gnrnsley-Susan sent Tuesday, August 21, 201211:34 AM o: Ray Garcia (rgarcia@raygarcialaw.com) 5tankiewicz-Tiffany, Schwab-Townsley; Hurley -Christine, Tezanos-Mayra subject Akins Administrative Relief Hearings Please be advised that the regular meeting of the Monroe County Board of County Commissioners has been changed to September 21, 2012. This was done at the meeting of August 15, 2012. The hearings on the applications you have submitted on behalf of the owners (Akins) for administrative relief will be scheduled for 3:00 PM on September 21, 2012 at the Marathon Government Center 2798 Overseas Highway, Mile Marker 50, Marathon, Florida. Please acknowledge receipt of this e-mail. Thank you Very much. Susan Grimsley, Asst. County Attorney t I I I t 2th St. Key West, FL 33040 Ph. 306.292.3470 Fax 305.292.3516 Marathon Telephone 305.289.2500 N S NEW APPLICATION � Tow: PROp+E*W TIER 44 gROE COUNTY PLANNING DEPAME14T APPLIiON FOR RESIDENTIAL PERMIT ALLOCATION (�) 289 ON Pi nbMon Key: (305) 852.7100 Applicadon Fee: 00 * $20.00 Technology The MoNWIJ : T" RMFORAFFORMILE uousarr i PLEASE PRINT AND ATE OR WISH TO MAKE / GROWTH MANAGEM" ACCEPTED AND DEEM APPLICATION IS SUBMIT Owners) Name: <`p Mailing Address: Agenrs Nam: "5 s A COPY OF A PROPERTY RECORD CARD. IF YOU HAVE QUESTIONS POINTMENT TO DELIVER YOUR APPLICATION. PLEASE CALL THE FICE CLOSEST TO YOUR PROJECT. ONCE THIS APPLICATION IS COMPLETE. REVISIONS WILL ONLY BE ACCEPTED IF A NEW City Tk C Ph. (VHj 3 H)16F-7 Stale: Zip: Ph. (W) (H) Mailing Address: City: State: _Trp: PROPERTY DESCRISubdivision r, l�rZr c i Y Street ► MM: RE: S �% llmetes � an NUMBER OF UNITS: home — House: V RV: Lnre-aboard: Others: _ Check Yes or No. If M attach the requested documents: Yes _ No The project is 009#1ing contiguous Iota in a fegellr platted sbdivisfon wdh water. etecirmiiy and paved reads or is oexpWpe below densely. Please attach a copy of a proposed restrictive covenant ft&Q the ru,mi of unj on to property and running in favor of and oftrom bie by the County. Yes _ No The units) will b� aaifordable housing. Attachment rrj paW is a current &MKWble t KMV approvm from dw Planning ,(as — No J The proposN dedication of vacant, buiEdabie land located in areas proposed for acquisition. AlzadwKwft. with ttds epptk a tbn are: 1) Cesar from the Biologist sting the property is P (Gait Claim not ip. 3) copy of title insurance. 4) proposed WARRANTY DEED(s) Deeds awqGed) and 5) land dedications must be In the same ownership as the owner fisted abpveiunless the applicant has an approved fend dedication ceif ficate. Please list the RE:`(s) of the land' redir� - Yes — No � `/ Transfer of ROC Attachmwd requ Order approvirq I ce►W that f) I have lead and AN prowslaos of larrs and are of Local Signature cribed to be +s��ersan kno to me has empbons (1RE's) are beingid in the daveloprnent of allached dwelling units. The applicant must submit a copy or a csrWW copy of the recorded Development Res far this project TRE's Ware to be used for dit application. had Mb 4PPtfc2dfon iru*irg affackqxmb and brow same to be true and con ect: 2) s govam'ng ft type of W** are Cantp bd *0 whOw apwled herein or not or Federal mqulievrerrts regrdbtW congmcdcn or the performance of aanstrtr Uw. sat lbrtit In Section 9.5-1f 3=ofCade hereby waked. Signature Da 7 Pthls /,Lday of A't7dr' od (did rrOt) � oalr. BE COMPLETED BY r DATE: & TIME: A7.0'06' PERMIT 0 0' i l —v -/ �; DAWN N< BENDER Notary Pubes • State of FloddE BOW Deck20 Cote O r DO 5WO 712M J%WCOW WO By keflonel Ano ea r 2798 Overseas Highway Suite #410 Marathon, FL 33050 Voices (305) 289-2500 FAX: (305) 289-2536 1 County of Monroe Growth Management Division 0 nL.QQMMjL&j2jer Mayor George Neugent, Dist. 2 Mayor Pro Tan Sylvia J. Murphy, Dist, 5 Kim Wigington, Dist. 1 Heather Carruthers, Dist. 3 Mario Di Gennaro, Dist. 4 CERTIFIED MAIL 7006215we strive to he caring, professional and fair 0 0001 0488 1131 April 27, 2009 John Akins 107 First Terrace Key Largo, FL 3 3 03 7 RE: ROGO Applications 07100486; 07100479; 07100485; 07100483 Dear Mr. Akins: The Planning & Environmental Resources Department has found a scoring error on ROGO applications 07100486; 07100479; 07100485; 07100483. The proposed development in each of these applications is located in the `V' flood zone. Therefore, each application has been given the -4 point assignment for being located in the `V° zone special flood hazard area. If you have any questilease contact me at 3 05-289-2513 . -` Xitt Stankiewicz Sr. Planning Tech. cc: Townsley Schwab, Planning & Environmental Resources Director L C7, G G� 0 C $$ can 10 � ,s CL '� Qa Q` + m N LAJ Sit G 909 C a 0 ,. 7006 2150 0001 0488 1131 C1 Cn � a 1 c) -GC a Lr uu Lru C 1 a ti j 11 T cu a w J I Appeal withdrawn from the July 21,, 2010 Board of County Commissioners Meeting 311 EO N 8tnnk1v MCZ-T1fYany From: sent TO: Cc: Gdnmley-Susan Tuesday, August 17, 2010 4:24 PM Lee Rohe Hutton -Suzanne; StenkW*kz Tftny, Scl "b-TW'nsW, Hurwy-Christine Subject RE: Alkens Appeal Thank you. Susan Grimsley, Asst. County Attorney 305-282-3470 From: Lee Rohe [m91to:lnlaw*belisouth.net] Sent may, August 16, 201012:22 PM To: Grlms*OF-Susan SufOt RV: Wrr wmw's ROGO Rem re Fq*Ay owner Mans Susan, Please be advised that l will riot be representing Banks Pre%iA Aiken or Holbway in the matter captioned below. Thanks. Lee R. Rohe ----- Original Message — From: Lee Rohe To: G - s Cc: Bg2MMgMaggi oom sent Tuesday, July 20, 201011:18 AM Subject Re: torrto 'a ROGO Item re properly ownerAikens yes, you're fight. ----- Original MessW From: Gr�tey- usac To: urie Chrt ; Lee he Cc: Hutton:§=nne Bent Tuesday, July 20, 201010:31 AM 8ubOct RE: tomomWs ROGO item re property owner Alken My understanding Is that they want the appeal to stay In place so that it can be rescheduled at a later date. Lee, can you confirm that? Susan Grimsley, Asst. County Attorney E= rxth street key west, E 33040 e921+" Kay WeAe 305-299.2PO Marathon From: Hurley -Christine Sent Tuesday, .iuiy 20, 201010:29 AM Torn Suljeet RE bomor roWs ROGO r4em re property owner Aiken Which are they doing- withdrawing or deferring? 811712010 Page 1 of 2 9 Page 2 of 2 FMM.- ring -Susan t Tuesday, July 20, 201010:23 AM TM Lee Rolle; Huriey6hrisdne; HuMm-Suzanne CC: 69REM=@Agi.com; StanldewIci Many Srrhje� RE: tonrorrowls ROGO Item re pity owner Mom Since this Is not a public hearing, Ms. Hutton will delete It at the beginning of the meeting as a change to the agenda. Susan Grimsley, Aast. County Attorney = x2th street imy west, fl 33W 305• 49a.3470 Key West 305489•2500 Marathon From: Lee Rohe [malIbo: be1bxrth.netj Rm- Tuesday, July 20, Z01010:13 AM TO: Grimsleyawn Cc Bgaolaom SUbf Wb WnxWpWs ROGO Item re property owner Agars Susan, This will confirm our agreement to wghdraw, defer or table the above item when it comes up at tomoffvWs BOCC meeting. Thank you for your courtesy. Lee R. Rohe 745-2254 No virus found in this incoming message. Chocked by AVG - www.avg.com Version: 9.0.839 / Vuus Database: 271.1.1/3017 - Release Date: 07/20/10 02:36:00 8/17/2010 R BOARD OF COUNTY CONMUssIoNERS AGENDA ITEM SUMMARY Meeting Date:-- July 21, 2010 Division: Bulls Item: Yes _ No X _ Department; P Staff Contact/Phone #: �i� SSteakiewicz 289 413 AGENDA ffEM WORDING: An appeal of the ROGO Allocation rankings of the Monroe County Planning Commission for applications #07100486, #07100479, #07100485 and #07100483 in Planning Commission Resolution 04-10 dated March 10, 2010 and approval of a resohition approving the ROGO rankings and DMiYWG the appeal by the appellant, John K. Akins. ITEM BACKGROUND: The applicants submitted four ROGO applications 07100479, 07100485, 07100483, and 07100486 on Jame, 12, 2007, which staff incorrectly scored without a VIE flood zone deduction of four points pursuant to the tier ordinance criteria. One of the four applications was scored in error based erroneous survey. The four errors were discovered when staff researched the applications based on information from another applicant regarding point deductions for the VE flood zone. The applicants were notified by certified mail return receipt as soon as the error was discovered. On May 15, 2009 the certified receipt was signed. Since the carors were discovered by staff the Planning Commission has approved five ROGO rankings reflecting the four point deduction on the four applications. On March 30, 2010 John K. Akins, through his agent Banks Prevatt, filed an application to appeal the ROGO rankings and points approved by the Monroe County Planning Commission on March 10, 2010 by Planning Commission Resolution PO4-10. On May 27, 2010 Banks Prevatt applicants agent requested a continuance to the July 21, 2010 Board meeting. Since the filing of the appeal the Planning Commission reviewed and approved another quarterly ranking for the Big Pine/No Name Key subarea on June 9, 2010. This was the 51 quarterly meeting reflecting the scoring corrections where neither the applicant nor an authorized agent where present. PREVIOUS RELEVANT BOCC ACTION: On March 15, 2006, the Board adopted Ordinances 009-2006. CONTRACT/AGREEMENT CHANGES: NIA STAFF RECOAUWENDAT,IONS: Staff recommends the Board of County Commissioners AFFIRM the Planning Commission ROGO Rankings for these four applications and deity the appeal. TOTAL COST:_ NIA INDIRECT COST: �N AA BUDGETED: Yes NIA No DkIFFERF,NTiAL OF LOCAL PREFERENCE: COST TO COUNTY:_ SOURCE OF FUNDS: WA REVENUE PRODUCING: Yes — No AMOUNT PER MONTH Year APPROVED BY: County Ally X pMBMurchasmg �N ,& Risk Management 1 E DOCUMENTATION: Included Not Required X DISPOSITION: AGENDA IlTEM # M MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURcis DEPARTMENT We strive to be caring, professional and fair To: Monroe County Board of County Commissioners From: Tiffany Starikiewicz, Development Administrator Through: Townsley Schwab, Sr. Director of Planning & En ironmental Resources' Date: June 21, 2010 Subject: Administrative Appeal by John K. Akins concerning property described as Lots 19, 20, 21, 22, 23, 24, 25, 26, and 27, Block 1, Doctors Arm Subdivision, Big Pine Key Meeting: July 21, 2010 1 I DECISION BEING APPEALED: 2 3 The appellant, John K. Akins, is appealing the reduction of ROGO points and the rankings 4 approved by the Planning Commission March 10, 2010 under Resolution 04-10 which 5 affected his four ROGO Applications. The subject parcels and applications are under the 'l 6 ownership of John K. Akins, John W. and Glenda Akins. The appeal is based on the original 7 incorrect scoring of the properties as being in an AE flood zone when the properties are, in 8 fact, in a VE flood zone (4 points). 9 10 Monroe County Code Section 138- 1, Appeals states that an appeal from the decision of the 11 Planning Commission on a ROGO allocation shall be made to the Board of County 12 Commissioners within 20 days of the Planning Commission's decision. The filing of an 13 appeal does not stay either the action of the Planning Commission or the action of the 14 Planning Director. This appeal of the approved ROGO Rankings by the Planning 15 Commission from March 10, 2010 was filed in a timely manner. However, the actual point 16 reductions and ranking changes occurred in June 10, 2009 by Planning Commission 17 Resolution P23-09. The Code does not specify that the appeal must follow after any specific 18 quarterly ranking. 19 20 Originally staff was prepared to schedule the appeal at the June 2010 Board of County 21 Commissioners meeting. However, prior to the agenda deadline, Mr. Prevatt requested a 22 continuance to the July Board meeting. 23 24 Since the filing of the appeal the Planning Commission has reviewed and approved another 25 quarterly ranking for the Big Pine/No Name Key subarea on June 9, 2010. This was the 5" 26 quarterly meeting reflecting the scoring corrections where neither the applicant nor an 27 28 authorized agent where present. 29 Page 1 Reviewed by 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 33 34 Applications and Locations: 1) Building permit Application & ROGO Application: #07100486 Legal Description: Lots 21 and 22, Block 1, Doctors Arm Subdivision, Big Pine Key, Monroe County, Florida Real Estate Number: 00310220.000000 2) Building permit Application & ROGO Application: #07100479 Legal Description: Lot 23 and SLY 26 ft Lot 24, Block 1, Doctors Arm Subdivision, Big Pine Key, Monroe County, Florida Real Estate Number: 00310240.000000 3) Building permit Application & ROGO Application: #07100485 Legal Description: Lot 27 and NLY 51 it Lot 26, Block 1, Doctors Arm Subdivision, Big Pine Key, Monroe County, Florida Real Estate Number: 00310280.000000 4) Building Permit Application & ROGO Application. #07100483 Legal Description: Lot 25 and SLY 17 ft Lot 26, Block 1, Doctors Arm Subdivision, Big Pine Key, Monroe County, Florida Real Estate Number: 00310260.000000 Appellant: John K. Akins Agent: Banks Prevatt H BACKGROUND INFORMATION: A. B. C. D. Page 2 Land Use District: Commercial Fishing Special District (CFSD-8) Future Land Use Map (FLUMI) Designation: Mixed Use/Commercial Fishing (MCF) ROGO Subarea: Big Pine Key/No Name Key Tier Desi 'on: Tier 2 .+. —j— a a up x uw iuUUMOa In DIUC) (ZUUY) White HOC Shows separation of the AE Flood Zone and VE Flood Zone Reviewed by I 2 III RELEVANT 3 PRIOR COUNTY ACTIONS: 4 The chart below shows a chronology of application submittal dates (Building Department 5 Applications to ROGO Applications), description of flood zone information provided on 6 Building Application Plan submittals, survey submittals showing flood zone information, 7 approximate date of scoring error discovery, scoring error notification to applicants' address 8 of record, Planning Commission Resolutions indicating scoring error corrections. 9 10 No. 071004811 07100M 07100483 07100479 Estate No. Bollding Application 00310220.000000 Jan. 31, 2007 00310260.000000 00310260.000000 00310240,000000 rHatton ]an 31,2007 Jan. 3l, 2007 Jan. 31, 2007 ppH b uta ing Plans Pre Tler System minus l for AE Flood Zone Pre Tier System minus 6 for VE flood Prc Tier System minus Pre liar System minus ted flood zone zone 6 for VE flood zone 6 for VE flood zone tion oints Survey from L Lawrence P. Funk Survey indicated majority of property in Entire zone. property in VE Entire property in VE Enure property in VE dated Dee. 4, � AE Zane and a small zone. zone. Indicated property portion in the VE flood flood zone, zone (rur,ey, error discovered in 2009 rnvealed a & event Proportion of the AE Zone vs the VEZane . Building Department reviewed plane for Reviewed for AE Zone construction. Revviewed for VE zone construction Reviewed for VE zone Reviewed for VE zone AFJVE Zone construction construction construction. Building Department forwarded May 30, 2007 June 6, 2007 Tune 6, 2 007 June 6, 20" application to Planning to contact applicant to enter ROGO. Date ROGO Application June 12, 2007 June 12, 2007 June 12, 2007 June 12, 2007 submitted Initial scorlog of ROGO Application ROGO Application ROGO Application scored as if in AE scored as if in AE ROIGO Application ROGO Application for Quarter that Zane Zone scored as if in AE Zorn scored as if in AE dosed Jolv 2007. Zone Scoring Error discovered Early April 2009, post Early April 2009, post Tier System should Tier Early April 2009, post Early April 2009, post System should how indicated -4 have indicated -4 Tier System should have indicatied 4 Tier System should have indicated Date certified letter Points Dints _mints April 27, 2009 April 27, 2.009 April 27, 2009 -4 Dints April 27, 2009 toot regarding scorion error Date return receipt May 15, 2009 May ; 5, 2009 May l 5, 2009 May l S 2009 was ed ROGO Rankings Quarter 3 Yr 17 Planning Commission Planning Commission Approved Resolution Approved Resolution Planning Commission Planning Commission Indicated scoring P23-09, June 10, 2009 P23-09, June 10, 2009 Approved Resolution P23-09, June 10, 2009 Approved Resolution P23.09, June 10, 2009 correction ROGO Rankings Quarter 4 Yr l7 atilt Planning Commission Plauaing Commission Approved Resolution Approved Resolution P Ca Terming omission Approved Resolution Planning Commission referenced the acorhi correction P42-09' Sept 2, 2009 P42-091 Sept 212009 P42.09, Sept 2, 2009 Approved Resolution P42-09, Sept 2, 2009 Page 3 Reviewed by - 9 IN 1 2 3 4 5 6 8 9 10 11 12 13 14 15 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 }>37 38 39 ROGO Rankings Planning Commission Plaaai it Commission Planning Commission Planning Commission Quarter 1 Yr 18 Approved Resolution Approved Resolution Approved Resolution Approved Resolution continued with P55-09. Den 15, 2009 P55-09, Dec. 15, 2009 P55-09, Dec. 15, 2009 P55-09, Dec. 15, 2009 correct points ROGO Rauldngs Planning Commission Pleasing Commission Planning Commission Planning Commission Quarter 2 Yr is Approved Resolution Approved Resolution Approved Resolution Approved Resolution continued with PO4-10. March 10, PO4-10, March 10, PO4-10, March 10, PO4-10, March 10, correct voInts 2010 2010 2010 2010 ROGO Rankings Planning Commission Planning Commission Planning Commission Pleasing Commission Qaarter 3 Yr 18 Approved Resolution Approved Resolution Approved Resolution Approved Resolution continued with PI0-10, June 9, 2010 P10-10, June 9, 2010 P10-10, June 9, 2010 PI0-10, June 9, 2010 correct points The above chart shows the pertinent information from the initial submitW of the four applications to the Building Department. Three applications contained information on the building plans and surveys showing the properties located in the VE flood zone, while one set of building plans and the survey showed the property located in the AE Flood Zone. When the Applicants subsequently entered ROGO in June 2007, staff incorrectly scored the applications without a VE flood zone deduction of four points pursuant to tier ordinance criteria. The errors were discovered when staff researched the applications based on information from another applicant, received by the Planning Department regarding point deductions for the VE flood zone. One of the four applications was scored in error based on an incorrect survey, which was discovered by staff after examining the Flood Insurance Rate Map (see map in the section II above which shows the property boundaries and VE and AE Flood Zone line). On April 27, 2009, the Applicants were sent a certified letter to the address of record regarding the scoring error. A signed certified receipt dated May 15, 2009 was returned to the Planning Department. Subsequently, the scoring corrections for these applications were identified on the approved ROGO rankings, which are available in the Planning Department and on the County web site. From the information in the foregoing chart the rankings were adjusted and maintained at five quarterly Planning Commission meetings and the applicants did not appear before the Planning Commission. IV REVIEW OF APPLICA, ON - The decision being appealed is the reduction of ROGO points approved by the Planning Commission on March 10, 2010, Resolution 04-10. However, the actual VE flood zone point change occurred when the Planning Commission approved quarterly rankings on June 10, 2009 (see Resolution P23-09). In April of 2009 the Planning & Environmental Resources Director reviewed the documentation (files, flood zone maps, surveys, plans, etc.) to determine if a scoring error occurred by staff regarding the flood zone points. After the review, the Director determined that scoring errors occurred on the four applications. Therefore, the applicants were sent a certified letter (Certified Mail Return Receipt 7006 2150 0001 0488 1131) dated April 27, 2009 regarding the flood zone scoring error, which was signed for on May 15, 2009. The applicants were notified as soon as the error was discovered. The Department was compelled to correct the error, in order to preserve the rights of other applicants in the ROGO rankings. The rankings of the applicants' properties moved down Page 4 Reviewed by I 2 approximately 18 places. The rankings prior to the corrections showed the applicants ranked x 3 22, 23, 24, & 25 and the next rankings with the corrections showed them at 40, 41, 42, & 43. 4 5 Mr. Banks Prevatt came into the Planning Department in November of 2009, requesting 6 information about these properties, which was prior to being an agent on the ROGO 7 applications. He later asked for information about an appeal. Appeal information was provided. On March 18, 2010, agent authorization was submitted. 8 9 10 The properties are located in the Big Pine/No Name Key ROGO Subarea.. This subarea is limited to 8 market rate allocations per year, allowing for 2 allocations per quarter, provided 11 there is enough mitigation to cover the H_value used for allocations. In the quarterly 12 13 rankings approved by the Planning Commission March 10, 2010, the two applicants who 14 received allocation awards each had 20 points and the subject applications of the this appeal 15 each had 8 points. Since the submittal of the appeal and the initial report writing a continuance was requested by Mr. Prevatt to have the appeal heard at the July Board meeting 16 17 rather the June meeting. On June 9, 2010 the Planning Commission reviewed and approved 18 another quarterly ranking on Big Pine/No Name Key Subarea, which reflected the applicants V zone scoring. 19 20 21 It should be noted that these applications will be eligible for Administrative Relief after the 22 quarter closure of July 2011. From the closure of the I e quarter, after the ROGO application was made, the applicant will have 180 days to submit four Administrative Relief 23 Applications. 24 25 26 There is an alternate avenue available for the applicants to investigate regarding the VE flood 27 zone designation. Property owners may seek a Letter of Map Revision (LOUR) requesting a revision showing their property is located in a different flood zone. There has been a 28 29 property in Doctors Arm that recently obtained a LOMR. The applicants may contact Diane Bair, Special Projects/Floodplain Administrator for additional information 30 regarding this process. 31 32 33 As an aside, the applicants should contact the surveyor regarding the need for a new survey 34 and also, should contact the Monroe County Building Department regarding any building plan corrections that may be required for the property identified with real estate number 35 00310220.000000. 36 37 Staff concludes the scoring was correctly adjusted to reflect the VE flood point deduction. 38 However, if new evidence is submitted to show the properties are in the AE flood zone and 39 no portion of the structure is located in the VE flood zone, then the points could be positively 40 adjusted accordingly. 41 42 V RECO ATION: 43 44 Staff recommends the Board of County Commissioners affirm the Planning Commission 45 ROGO Rankings for these four applications. 46 Page 5 Reviewed by RESOLUTION No. -2010 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMIVIISSIONERS AFFIRMING THE ROGO ALLOCATION RANKINGS OF THE MONROE COUNTY PLANNING COi1+IIVIISSION FOR APPLICATIONS #07100496, #07100479, #07100485 AND #07100483 IN PLANNING COMMISSION RESOLUTION 04-10 DATED MARCH 10, 2010 WHEREAS, John K. Akins, through his agent Banks Prevatt, filed an application to appeal the ROGO rankings and points approved by the Monroe County Planning Commission on March 10, 2010 by PIanning Commission Resolution PO4-10; and WHEREAS, the rankings and points being appealed were for four parcels of property identified as RE# 00310220.000000, RE# 00310240.000000, RE#00310260.000000, and RE# 00310280.000000 with ROGO application numbers 07100486, 07100479, 07100483, and 07100485 respectively; and WHEREAS, the survey in the building permit application file for application 07100486 filed January 31, 2007, showed the property erroneously in an AE flood zone which error was later discovered and points deducted for being in a VE flood zone; and WHEREAS, the building permit applications filed on January 31, 2007 showed the parcels in applications 07100479, 07100483 and 07100485 as being in a VE zone; and WHEREAS, the above referenced four applications entered into the ROGO competition process on June 12, 2007; and WHEREAS, staff scored the applications as though in flood zone AE, with no deduction of points; and WHEREAS, staff did not discover the error and correct the applications with the required four point deductions for each application until April of 2009; and WHEREAS, the applicants were notified by certified Ietter of the correction by letter dated April 27, 2009 signed for on May 15, 2009; and WHEREAS, the scoring was corrected at the June 10, 2009 ROGO rankings by the Planning Commission Resolution P23-09 for Year 17, Quarter 3 and for all subsequent quarters including ROGO Year 17, Quarter 4; ROGO Year 18, Quarter 1; ROGO Year 18, Quarter 2; and ROGO Year 18, Quarter 3; and WHEREAS, the appeal was originally scheduled for June 16, 2010,but a request for the appeal to be heard at the July BOCC meeting was received from the applicant's agent on May 27, 2010; and pp g M 'WHEREAS, the Board of County Commissioners makes the following Findings of Fact and Conclusions of Law: 1. Staff error may not give an advantage to one applicant in the ROGO competition process nor prejudice the rights of the other applicants in the ROGO rankings. 2. The points and rankings of the Planning Commission in Resolution No. PO4-10 are correct with respect to the four parcels of property identified as RE# 00310220.000000, RE# 00310240.000000, RE# 00310260.000000, and RE# 00310280.000000 with ROGO application numbers 07100486, 07100479, 07100483, and 07100485 respectively. NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF COUNTY COMMSSIONERS: The decision of the Planning Commission as set forth in Resolution PO4-10 for the ROGO applications 07100486, 07100479, 07100483, and 07100485 is hereby AFFIRMED and the appeal by the applicant of the rankings and the deduction of points on the applications for being in a VE flood zone is hereby DENIED. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the th day of July, 2010. Mayor Sylvia J. Murphy Mayor Pro tern Heather Carruthers Commissioner Kim Wigington Commissioner George Neugent Commissioner Mario Di Gennaro (SEAL) Attest: DANNY L.KOLHAGE, Clerk By Deputy Clerk N BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor Sylvia Murphy WICI Of ,. - !2 Im U m M AppHcants AppUcation and sub ol 0 W IPPi.I(' %TJO MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES p ECEIVE �0 MONROE Ca. PLANNING DEPT, Appeal of Planning Commission decision to the Monroe County Board of County Commissioners (BOCC) Appeals of ROGO or NROGO Planning Commission decisions roust be filed with the Planning & Environmental Resources Department within twenty (20) days of the date of the decision. Date of submittal: 0 3 / 3 0 / .2 o !D Month Day Year Decision being appealed: Re cj u c t i a n a �' Rio G O Pal t f 5 Date of decision being appealed: 46 / /o / ;2 001 Month Day Year Appellant: .To ho k. A1C Name P 0, Sox '— a2 6 J<dA,Letr Ft- Mai1in8 Address ( City, Stetc, Zip Code) -.305') MR—..7333 Daytime Phone Lad @ Ree-P. orr, Email Address Property Owner: n / t Name Matt fng Address (Street, City, State ( 305) lq,4a.- Daytime Phone Agent (if applicable): va tV Name s299 W? �Vers@ Nay. k 3 0 3 Mailin ress (Street, City, Sta Zip Code) Daytime Phone 8 G Pr-e va-& Lo Email Address a2 `-! 6 K e,t L a o FL 330 Legal Description of Property: (if in metes and bounds, attach legal description on separate sheet) - Block Lot Subdivision Key (island) Page 1 of ROW,!k(1(:t) %ppral Ippllculiott Hu%f-wd %larrh 33.1010 Pei %i I'f 14 'i I fI )" Real Estate (RE) Number Alternate Key Number La- 1f 11 2 Z W ii{efs .toe . d5 e Approximate Mile Marker Land Use District Designation(s): C F S D S e Present Land Use of the Property: V Are there any pending codes violations on the property? Yes:.,,_ No: ✓ If yes, please provide case number: �QI �(GkIVV A COPY OF THE BASIS FOR THE APPEAL IN THE NATURE OF AN INITIAL BRIEF OR STATEMENT OF ARGUMENT AND ANY EVIDENCE INCLUDING TESTIMONY, AFFIDAVITS AND THE CURRICULUM VITAE OF ANY EXPERT WITNESS THAT WILL BE CALLED MUST BE ATTACHED TO THIS APPLICATION. The brief must at a minimum state all grounds for the appeal, including but not limited to, the law being appealed and any facts necessary for interpretation of those laws. (Attach additional sheets of paper) Ali of the following must be submitted In order to have a complete application subm Ittal: (Please check as you attach each required item to the application) Complete appeal application (unaltered and unbound); Proof of ownership (i.e. Warranty Deed); L]d Current Property Record Card(s) from the Monroe County Property Appraiser; A copy of the docum ent(s), which comprise the decision being appealed; tJ Any evidence and record which forms the basis for the appeal must be submitted with this application; ❑,/ Names and addresses of sill expert witnesses that you propose to call at the hearing; L"1 Photograph(s) of site from adjacent roadway(s) ; If applicable, the following must be submitted In order to have a complete application submittal: LY Notarized Agent Authorization Letter (note: authorization is needed from all owner(s)' of the subject LU mPertY) Signed and Sealed Boundary Surveyor Boundary Survey sixteen (16) sets (please contact Monroe County Environmental Resources prior to application submittal to determine if this documentation is necessary) if deemed necessary to complete a full review of the application, the Planning & Environmental Resources Department reserves the right to request additional information, if new evidence, or the basis for appeal, is submitted at the BOCC hearing, Staff shall request that the hearing be continued to the next BOCC meeting nearest to the property so that Staff has the opportunity to prepare a response to the new evidence. Page 2 of 0 0 0IMRONFIG' E C E the appealIf the appticaat does not submit the basis for with tine application, SoMARenlp th 2D1ofappeal. 1 certify that I am familiar with the information contained in this application, and that to thebest of my knowledge such inf nmation is true, complete and accurate! - Signature of Applienot: �i �. Date: :jr-r-jICJ/p (Print name of Applicant signing Application) Sworn before me this �^ day of. coal oft 0 W @ MIT ❑Ir Notary Public �6 M Co y mmissionExpues Please send the complete app lication package to: fzr d01 Planning Commissioner Coordinator Moraoe County Planning & Environmental Resources Department 2798 Overseas Highway, Suite 400, Marathon, FL 33050 PURSUANT TO SECTION 286.0105, FLORIDA STATUTES, NOTICE IS QIVEN THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS WITH RESPECT TO ANY MATTER CONSIDERED AT SUCH HEARING OR MEETING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT, FOR SUCH PURPOSE THAT PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. SUCH RECORD TO BE AT THE COST OF THE APPELLANT. Please Note: A transcript made from recordings or other secondary means does not provide a sufficiently accurate record of all the speakers. Therefore, such "secondary" transcripts may not be accepted as a valid verbatim transcript - Page 3 of 3 14001 ♦Ii(u,l) %1AP at 41AV Iliar Rt•%n d 1[.r afi yi 'qi�E X 0 LEGAL DESCRIPTION LOTS 19, 20, 21, 22, 23, 24, 25, 26 and 27, BLOCK 1, DOCTOR'S ARM SUBDIVISION, according to the Plat thereof as recorded in Plat Book 3, Page 141 of the Public Records of Monroe County, Florida. 003102M000000 00310260-000000 00310240-000000 00310220-000000 1382337 1382353 1382370 1382396 REAL ESTATE NUMBERS ALTERNATE KEY NUMBERS N i fpf,1 � tloatl l7�M7 ti7!!i!� 11811Mt Panxl ldmlifisatian No Ft + CWJM iorrltOW . or This Ingri meal Prepared By and Retttm to: p/t't�2ta00 tt :mart taco aoc sral� a.• rnsta s9•70 Wrgimb Petsea8 Sunshine rive of the Kcys, fmt:. Dead 1734067 102900 Overseas HIShway N6 g" XW Pgo $A! Key Laugo, Florida 33037 QUITCLAIM DEED Tads 0* D94 made s day of Marab 2W bmvm CANDACE AM& whose address is �h7 a ad tU a and iOyN K. Al • � JOHN W. AKINS and GLENDA AICIiMS, Ityay Larja, Fhnr[d■ 33037, Oramtea t4, jo tananta with rijltts of survivorship whose addtea u P O. Bea Zltq Wtinuuth, that the Oranroa, for and In coatidersdon of the ram of ----..--TEN k Nor 00 (f IUD).--.._. — -----DOLLAPA and wha Sood ad vsfnabk camsidasdon to Onmtor bt band paid by Grantees, the receipt of whkb is bereby aclarowkddsd, have pspte I harsmfad and gnikialmed to the said Grant= Rod Grandee's heirs and micas kg"er, tha PoHowiag described lead, situate, lying and bsditp in the County of MONROE. State of Florida. wv*: Lots 19, A 2I, A A 24, 2S, 26 and 27, Bloch 1, DOCTORS ARM SUBDIVISION, sanrdhu to the Plat them" as recorded In Peat Boot 3, Pap 141, of ffia Public Rseords of Mom w County, Fiorlds. THE PROPERTY DESCRIBED HERRIN 18 YACANT LAND AND DOES NOT Ct3NSTtTIJTE THE HOMESTEAD OF THE GRANTOR, NOR IS 1 ' CON71GUOUS THERETO TO have and to gold the mme mpLber whb all and aiaSule d, appn M nor fi-evoto belanlint Of im anywise sppgtabdull, sod all the sstata, djbt, dtte. Igtaem, Ileac, equity am claim whatsoever of Grantor, either in law Of cgetry, for the use, b—fll and pmllt of der said Gm mm fat m. 10 WImaR W be>+eCt the G mtor has b wmudu met her hind and seat die day and year IW sbove written. Si7#1 ed del ur d in opresence. . CANDAC$ Si g�^ �r P.O. BOX 246. Key Lars% Fla" 33037 MI Prtn N SPATE OF FLORIDA COUNTY OF MONROE The fo gins imacumap was aclmtowkdSW before me this V of M 2009. by CANDACE AKINS Ww Is pemorally known to me or who has produced _ as idemifieation. SEAL u My Conumission file M 0901430 Printed Notary Sisnatum m08 Ca,1II" W"CIAL R[co s r Ervin A. Hies, CFA Property Appraiser Office (305) 292-3420 (&Wonroe County, Florida fax (305) 292-3501 Property Record View Alternate Key: 1382353 Parcel ID: 00310240-000000 Ownership Details Malling Address: All Owners: AKINS JDHN WAND GLENDA AKINS JDHN K RIS; AKINS JOHN WAND GLENDA PO BOX 246 KEY LARGO, FL 33037 Property Details PC Code: 00 - VACANT RESIDENTIAL MlllageGroup: 100H Affordable Housing: No Sectlon Township- f443&29 Range: Property Location: VACANT WITI'ERS LN BIG PINE KEY Subdivision: DOCTORS ARM Legal description: SK 1 LT23 AND SLY 26 FT LT 24 DOCTORS ARM SUB P83-141 BIG PINE KEY OR409-382/85 OR788-1431 OR849- 801/02 OR 1384-M DR210f-f457 OR2404-841Q/C Show Parcel Map Land Details Mf OW - RES WATERFRONT a 0 14,680 00 SF Building Summary Number of Buildings: 0 Number of Commercial Buildings: 0 Total Living Area: 0 Year Built: 0 Appraiser Notes S'LY 26' OF LOT 24 (RE 003102W000000 AK 1382381) HAS NOW BEEN COMBINED WITH THIS PARCEL PER OWNER'S REQUEST DONE FOR THE 2007TR 5/08/07 JDC 2007/05 PERMIT # 07100479 FOR SFH IN PROCESS PER BLOC, DEPT (JDC) Parcel Value History 0"-?wj?ied Poi `!ailues, V w Taxes for this Parcg Roll Total Bldg Total Mae Improvement Total Land Total Just (Market) Total Assessed School Exempt School Taxable Year Value Value Value Value Value Value vale. 2006 1 1 0 0 jl2,760 102,760 102,760 0 102-760 2008 0 0 117,440 117,440 117,440 0 117.440 2007 a 0 411,040 411.040 0 411,040 2006 0 0 127.500 127,500 127.600 0 127,500 N'V 2006 0 0 12T500 127,500 127,500 0 127.500 2004 0 0 ......... 51400 51,000 51.000 0 51000 2003 0 0 44,825 44,625 44825 0 44.825 0 44.625 - - ---- 44,625 44,625 0 44,625 2001 0 44825 44,826 0 44.625 2000 0 0 44625 28,775 26,775 0 26.775 1 0 44,625 26775 28,775 0 26775 lega- 0 -0 a 44,625 26,775 26,775 --- a 26775 1987 0 44,625 25,775 28,775 0 28,775 INS 0 0 44925 �A 26,775 26,775 a 26,775 1995 0 0 44,625 44,625 44.625 0 44.925 1694 a 0 44.825 44,625 44,925 a -44.825 1993 0 0 44,625 44.625 44,625 a 44,625 1992 a a 44,625 44,825 44.625 0 ............. 44.625 1991 0 0 44,625 44,625 44625 a 44,825 1990 0 0 41,650 41.650 41,660 0 41.650 1889 0 a 37,825 37.625 37,825 a 37825 1868 a 0 25.600 25,500 25.500 a 25500 1987 0 0 25,50o 25.500 25,5DO a 26,500 I INS 0 25,500 25,500 25,500 a 25,500 1966 a 0 22.000 22.000 22.0010 0 22=0 1984 0 0 22,000 22,000 22,000 0 22,000 1963 a 22.000 22,000 22,000 0 22,000 a 15.909 15,609 15,809 a 15,6D9 Parcel Sales History NOTE Sa-es do 110' gereral'y St'�FTA Up Orl OL1-GO'T1PU!--j syslew -jnIi'aboijjtwr.) ) colveeflireNTS a," --'ar "he, "e",e"T 5�ile -rOF's rW 5nc'w',,1P in 'h!s 51 p:ease a!iow rnor,- Imle to. he sair -euc-rid ',i 4-,F T"a-,k fU; PM -'a ----e jr4e'slajiding Salo Date Offirisli Parn"fe soohmw Price Instrument Qualing 31612009 24041841 100 OP 11 3130=08 210111457 1 wo M This page has been visited 244,519 times, Monroe County Property Appraiser Ervin A. Higgs, CFA P O. Box 1176 Key West FL 33041-1176 WO %3 Ervin A. Higgs, CFA Property Appraiser Monroe County, Florida Property Record View Alternate Key: 1382370 Parcel ID: 00310260-000000 Ownership Details Mailing Address: All Owners: AKINS JOHN WAND GLENDA AKINS JOHN K RIS, AKINS JOHN WAND GLENDA PO BOX 246 KEY LARGO, FL 33037 office (305) 292-3420 fax (305) 292-3501 Property Details PC Code: DD - VACANT RESIDENTIAL Miilage Group: 100H Affordable Housing: No Section -Township- Range: 14 86 Z9 Property Localion: VACANT WfiTERS LN BIG PINE KEY Subdivision: DOCTORS ARM Legal Description: SKI NLY 24FT OF LOT 24 AN D ALL LOT 25 AND SLY 17FT LOT 26 DOCTORS ARM SUB P83-141 BIG PINE KEY OR40& 3&V85 OR788-1431 OR849401102 OR1384-M OR2101.1457 OR2404-841 Q/C Show Parcel Map Land Details M10W - RES WATERFRONT 0 Building Summary Number of Buildings: 0 Number of Commercial Buildings: 0 Total Uving Area: 0 Year Built: 0 Misc Improvement DeWls Nbr N Units Length Width 1 CL2 CH LINK FENCE 402 SF 87 5 Appraiser Notes 1984 0 14.746 00 SF dl Year Gra 1985 1 S'LY 1 T LT 26 (RE 00310270-000000 AK 1382388) & N'LY 24' LT 24 (RE 00310250-000000 AK 1382361) HAVE NOW BEEN COMBINED WITH THIS PARCEL PER OWNER'S REQUEST; DONE FOR THE 2007 TR 5XW7 (JDC) `.005105 PERMIT # 07100483 FOR SFH IN PROCESS PER BLDG DEPT REMOVED OVERRIDE AS LOT IS BEING USED 30 m Parcel Value History L srtv'ied Ra l''Values View Taxes-Lor-this Parcel Roll Year Total Bldg Value Total Min Improvement Total Land Total Just {Market) Total Assessed School Exempt School Taxable Value Value Value Value Value Value 2009 D 281 103,222 103.503 103.503 0 103.503 2008 0 281 117.968 118,249 118,249 0 11&249 2007 D 251 412,888 413,139 413.139 0 413,139 2008 D 836 94,125 94,781 94,761 D 94.761 2005 0 636 94,125 94 781 94.761 0 94,781 2004 0 636 37 650 36,266 36.286 0 38286 2003 0 636 32,944 33.580 33.550 0 33.580 2002 D 684 36,238 36,922 36,922 D 38,922 2001 0 748 36.238 36.988 36,988 D 38 988 2000 1999 0 0 485 514 38.238 36,236 36,723 36„752 38.723 36,752 0 D 36.723 36.752 1998 0 552 36.238 22.353 22,353 0 22,353 1997 D 581 38,238 22,353 22,353 a 22,353 1996 0 610 36,238 22,353 22.353 0 22 353 1998 D 649 36,238 36,887 38.887 0 36.887 19% 0 878 36,236 36.916 38.918 0 36.916 1993 D 707 36,236 36,945 36,945 0 36 945 1992 1291 0 0 746 36.236 36.964 36-984 0 36.994 775 36,238 37.013 37.013 0 37,013 1990 D 804 33.822 34,625 34 628 a 34.628 1989 0 643 30,718 31.559 31.559 0 31,559 1988 0 872 20.708 21,580 21,580 D 21.550 1987 0 901 20„708 21,609 21,609 0 21809 1988 D 940 20.708 21,648 2108 0 21,648 1988 D D 19.800 19,aw 19.800 0 19.800 1284 0 0 19.800 19,.800 19,800 0 19,800 1983 D 0 19.800 19,6w 19100 0 maw 1982 D 0 14 449 14,449 14.449 D 14.449 Parcel Sales History .1 W, rraty S110-v u0 .r :jU' Corr..pige- System ,rat 3hJul Tiro to nroe -.of i r s aft R.a rr p . W 1rs.A! aer fnI srtrw ,s❑ r`• El rs htil alease :;Gvr t�1 p I" e `r r ' "rr. `e reco►cl :s� r) ,cFs, u l r' k ►�zr i ; ;:i d1i_ , a• u ii*+0Er5i3 Plong Sale Date Official Records Book/Page Price Instrument Quallficadon 3/ wo9 2404/841 100 QC 11 3130V2008 2101 t 1457 1 WD M This page has been visited 244,515 times, Monroe County Property Appraiser Ervin A Higgs, CFA Ervin A. Higgs, CFA @ Property Appraiser @Monroe County, Florida Property Record View Alternate Key: 1382396 Parcel 10: 00310280-000000 Ownership Details Mailing Address: All Owners: AKINS JOHN WAND GLENDA AKINS JOHN K RIS, AKINS JOHN W AND GLENDA PO BOX 248 KEY LARGO, FL 33037 E office (305) 292-3420 fax (305) 292-3501 Property Details PC Code: 00 • VACANT RESIDENTIAL Millage Group: 100H Affordable Housing: No Sectlon•Townshfp- 14 86-29 Range: Prop" Location: VACANT WATERS LN BIG PINE KEY Subdivision: DOCTORS ARM Legal Description: BK 1 NLY 51.5FT OF LOT 28 AND ALL LOT 27 DOCTORS ARM SUB PB3-141 BIG PINE KEY OR409-382/86 OR76&1431 CR849-801/02 OR1384-33 DR2101.1467 OR2404-841= C Show Parcel Map Land Details Land Use Code Frord M10W • RES WATERFRONT 0 Building Summary Number of Buildings: 0 Number of Commercial Buildings: 0 Total UVing Area: 0 Year Built: 0 Misc Improvement Details Nbr Type * Units Length Width 1 CL2.CH LINK FENCE 594 SF 99 8 Appraiser Notes 1954 0 Land Area 17,390 00 SF NI Year Gra 1985 1 30 REMOVED OVERRIDE AS LOT IS BEING USED. tNI'LY 51 5' OF LOT 28 (RE 00310270.)00000 AK 1362386) HAS NOW BEEN COMBINED WITH THIS PARCEL PER OWNER'S REOUEST DONE OR THE 2007TR 5108/07 (JDC) 2007105 PERMIT* 07100485 FOR SFH IN PROCESS PER SLOG DEPT Parcel Value History - �:�[c :a View Taxes for this Parcel Roll Total Bldg Total M1ac Improvement Year Value Total Land Total Just (Market) Total Assessed Schaal Exempt school Taxatrla Value Value Value Vatue Value Value g 0 416 121,730 122,146 122,146 0 122,148 08 0 418 131,120 131,WS 131.536 0 131 536 07 0 371 458-920 459,291 459,291 0 459.291 08 0 2,398 f2002 153,750 156.148 156.148 0 156.148 6 0 2,442 153,750 156.192 156.192 0 156.192 4 0 2,486 81.,500 63,985 83,985 0 83,985 3 0 2,528 53 813 56,341 56,341 0 58,341 0 2,628 84„575 67,203 67.203 0 67.203 2001 0 2,748 54,575 67.321 67,321 0 87,321 2000 0 1,679 64,575 66.264 66,254 0 66.254 1999 0 1,738 64,575 56,313 66,313 0 68,313 1998 0 1,809 84.575 39,453 39,463 0 39.463 1997 0 684 64.575 39.463 39,463 0 39,483 i998 0 718 64,575 39,463 39,463 p 39.463 199Q 0 764 64,575 65.339 65,339 0 65.339 1904 0 798 64,575 65.373 65,373 0 65.373 1993 0 832 64,575 85A07 95,407 0 65,407 1992 0 878 1991 64,575 66,453 65,453 0 65,453 0 912 64.575 65.487 65,487 0 65,487 1990 0 946 60,270 81,218 81,216 0 61,216 1989 0 992 54„735 55,727 55.727 0 55 727 1988 0 1;028 30.750 31,776 31,776 0 31.776 1987 0 1„060 30,750 31.810 31.810 0 31,810 i988 0 1,106 30750 31,856 31,856 0 31856 1988 0 0 26,400 26,400 28.400 p 26,400 1984 0 0 26,400 28 400 26,400 0 26,400 1883 0 0 28.400 26,400 26,400 0 28,400 1982 0 0 20,842 20,842 20,542 0 20.842 Parcel Sales History NQ fE 3:v es n c w iwieraw/ snovi .v ,(- n,.lr Gemr-iter 5.k'„ terrs.oirl :�gr✓ut �• �, .� , ,,,0 .� .r.S r3f r►'rr ;te P -- r:+r'r,f 431E does r1Ui VIO.v �u ^.:•i�-°;9 ;a-4. Ukase rtw rrr r rti r r e t.r-,O , .f ` P ,91b Cf)rn toe rr, _?ssed I •^. ;u ,r ,�s .� ;;.ar•^yg 9nG Urrr �;:513r.L:nLj Ee pare uaw Official Retards Book/Page Price Instrument QuallficaGoR 31612009 2404/841 100 CIC 11 3130MOGS 2101 r 1457 1 WD M This page has been Visited 244,507 times Monroe County Property Appraiser Erv(n A.. Higgs, CFA E� Ervin A. Higgs, CFA Property Appraiser Monroe County, Florida Property Record View Alternate Key: 1382337 Parcel ID: 00310220-000000 Ownership Details Mailing Address: All Owners; AKINS JOHN WAND GLENDA AKINS JOHN K ft/S. AKINS JOHN W AND GLENDA PO BOX 246 KEY LARGO, FL 33037 Office (305) 292-3420 fax (305) 292-3501 Property Details PC Code: 00 - VACANT RESIOENTIAL Wage Group: 100H Affordable Housing.- No Section -To nshI 14-66-29 Property Location: VACANT WITTERS LN BIG PINE KEY Subdivision. DOCTORS ARM Legal Description: BK 1 LOTS 21 ANO 22 DOCTORS ARM SUB P83-141 BIG PINE KEY OR409-382/85 OR78&1431 ORS49-801102 OR1384- 33 OR2101-1457 OR2404-841Q/C t . Show Parcel Map Land Details -Irmsmu &mom land Area M10O - RESIOENTIAL DRY 100 167 16.700.00 SF Building Summary Numberof Buildings: 0 Number of Commercial Buildings: 0 Taal Lfving Area: 0 Year Built 0 Misc improvement Details Nbr Type Units Length Width Year Built Roil Year Grade Litt 1 CL2•CH LINK FENCE 3.204 SF 534 8 19" 1985 1 30 2 UB2 UTILITY BLDG 120 SF 12 10 1984 i985 2 50 3 CA2:CARPORT 120 SF 12 10 1984 1985 1 50 raiser Dotes 'PAST USE WAS FOR TRAP CONSTRUCTION, AS OF 11/09 UB IS VACANT, DRY PARCFL IS OVERSIZEO FOR AREA - KEY ADJUSTMENT FOR 2010 TR.NL108 LOT 22 (HE00310230-000000AK 1382345) HAS NOW BEEN COMB1NEO WITH THIS PARCEL PER OWNER'S REQUEST OONE FOR THE 2007TH 5108/07 JOC r 2007105 PERMIT!! 0710488 FOR SFH iN PROCE REMOVED OVERRIDE AS LOT IS BEING USED. GParcel Value History L a-i,::fed Rol ya'ues View Taxes for ms Parcel BLDG DEPT Roll Total Bidg Total tYliac improvement Total Lal Year Value Value Value 20M 0 3,209 60,100 2008 0 3.246 $6,800 2007 0 3,042 i87,000 2006 0 3 364 i i2.725 2005 0 374 83.500 2004 0 374 25,050 2003 0 374 8,350 2002 0 402 8,360 2001 0 440 8,350 2000 0 285 8,350 1999 0 302 8.350 1998 0 325 8,350 1997 0 342 8.350 1998 0 359 8,350 0 382 8.350 SID1996 1994 0 399 8,350 1993 0 4i8 8.350 1992 0 439 8.360 1991 0 466 9,350 1990 0 473 8,350 1989 0 496 8,350 1988 0 5i3 8,350 1987 0 530 8,350 1986 0 663 8.350 1986 0 0 8.350 1994 0 0 8.360 1983 0 0 8,350 1982 0 0 3,607 Al JUN (Abrket) Value 53,309 70.048 Total Aeseassd Valus 53.309 70,048 School Exempt Value 0 0 School Tax Value 53,309 70,048 170.042 170,042 0 170.042 116,089 116.089 0 116.089 83.874 83,874 0 83,874 25,424 25,424 0 25,424 8.724 8„724 0 8.724 8,762 8.752 _0 8.762 8.790 8.790 0 8,790 8,,835 8.635 0 8,635 8,652 8.852 0 8.852 51369 5 369 0 5 369 5,369 5.369 0 5.389 5.369 5.369 0 5.369 8.732 8-732 0 8.732 8.749 6.749 0 8,749 8,786 8.766 0 8,766 8.789 8.789 0 8.769 8.806 8,8D6 0 8,806 8,823 8.823 0 8.823 8.846 8,846 0 8146 8.863 8,863 0 8,863 8,880 8,880 0 8 880 8.903 8.903 0 8,903 8,350 8.350 0 8.350 8.350 8.380 0 8350 8.350 8 350 0 8 360 3.507 3 607 0 3 507 Parcel Sales History '-d( i _ J"r'= is io '1t.1 gt-r ria''y ShrY! I; I r)Jl r.ow .ref sysle- , rili nr ollt iwo to !?,'ee MG►-tr,6 after rrs vice 1t ]isle C[i65 rot SnCW Lop il• 11S IoSt Piease allOW InCire l,me `U'!I`e 33'e recoro _G bC- Processed T irF P311e::'Ce a-3 mderstancl:rtg Sate Data 31&2009 Of dal Records Bookipa a 2404 / 84 i Price 100 instrument 0C Quaiifit i 1 31301200E 2101 / 1457 1 wo M This page has been visited 244,526 times C E @ DOCUMENTS WHICH COMPRISE THE DECISION BEING APPEALED 1. Residential Dwelling Unit Allocation Ranking dated March 25, 2009, subject property ranked 22, 23, 24 and 25 2. Residential Dwelling Unit Allocation Ranking dated June 10, 2009, subject property ranked 40, 41, 42 and 43 m `7g '�n� y •sdee i6 jn 4Jb•-110 a SS Y34'�S�RR� r_$�Y�'•$S �S wai n-p'K =� :r }}s r� �yrfyy tt��gaq7 • � - w 4gsP i 3.f `T7�,•77} }yyIR 4 q5}C i� `mT sS+?C5 yS 7 £ICI$ dj;fCYdn T,,,- 4 1 3 1 ■a e 1Wlam1Y!OR=• Y•IM� _ _ _ Mr. fg z i cs'n6�Rs =ii = :S)wS�R>�:�}SS`6gg �y�'SyS�B�NOy-Ey�Oyyau _ i yi{ -asn.Iiifi{' { Gyip �7SSfit i giC� Cm�gC�C CC #RgCp � �d Twatit �J•v �i 5'��b 3u �vac�.S6�v4 �3�rp.��b ?u 6a�.�.78���.g,��i 6�tl rrf uF f ix It lit a .1m till M W M i e �$3 ��•'F E3 S�oS .a,$S' S �+�io,pa•7�YS�°�i~oe - - - - - - - - - - - - M N H ti u - a��M MMfI4 Ma MpV 4N ea,-,eeaeaouogeooege;sae-i+o:�X:auB$=� yy � 1.ru � •iCee.�f Oep 6eeri �y p� y •�q 0+�� Yee0oo9 L• O,a- V V �1, 4 '1 OG ` 080dC. • } P G.enmO V eu� q p.a Px'rq�,.q.30nn'�6 n®6 79q V �6 6=� Ora � a4 nnenao..aoeo one:. .a c.m ee aaaeate e.�.aaaaeG•avr vobe•Ya �$ nnaaaeaoe�nar as A •3 •.m •v00 p M •- L' O'rg 09 ti7i•1 O ry 04S �11'!n'�.y V 0 e V O Yn 0 - �,a .. m-^OLn• V OH p0 . ••6! :.e t r.fo� n AP!• O >}n•] •• nri•'y t..l. 6r •iOw9A•+e W bOi.• :..: r- 0 n V.;•Oe S M ±n • t. 1n. a i r f - L lb : 'y rr `r -• —_ ,. : _ J YS%� S � ���rZ M w s. » ••Z .S� ►i:N . 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O a p a. h ,.e a r . .� ,h s.,., . 6 t 1 e..a f • f � { @ EVIDENCE AND RECORD WHICH FORMS THE BASIS FOR THE APPEAL This notice was never received by affected party. 0 K-1 0 County of Monroe Growth Management Division flamw 2798 Ove m H4pmy Ute #4l0 McYor OeorieNta;en Mergbu� FL 33050 Mryor Pro Tan SYMB I. M Voice: (305) 289-2500 JUM W4048too, Diet i �F�Y, Hilt s FAX PM 2W2536 H-OW CKN& a, Diaz 3 0 Mello Di Chums. Hilt 4 We 3&6w go be earfiiab� F+90l�donrrl and jatr CERTI MD MAX 700623 SO 0001 0488 1131 April 27, 2009 John Akins 107 First Tarace Key Largo, FL 33037 RE: ROao APplicationa 07100486, 07100479; 07100485; 07100483 Dear I& Akins- The Planning & Environmental Resoy Department has found a scoring error on ROGO applications 07100486; 07300479; 07100485; 07]00483. The th these ap plications cations is located in the V. flood zono proposed development in each of the -4 Point assignment for being located in the ' V . ���' each application ties been given zone special flood hazard area. If you have any questio ease contact me at 3 05-289-2513. Sincerd Staamewicz Sr. PlanningTe&. cc: Townsley Schwab, Planning & Environmental Resources Director N 0 f 0 ke. ca) Wzl x7or Af . � t e F, r. f Im M 7006 2150 0003, 0468 1131 C C> a CFO 1"" -{ju W h� N ' — — -- .- — — — — ;r HIS, V 8 ir J Q Fs Ira Q 'c� Do LU O 0 m `�<, av (Date) I hereby authorize _ � elf yo (l T - --- - - - - be listed as authorized agent (Name of Agent) for id K1j0S„ _ . „ __ _._ . _: for the LOGO application submittal for (Name of Owner(s) I Applicant) A+t>7 t o7/6a yts' 07106q,23 or a Y r Pf eeY2/ 4 J (0 111. J3 t Pf'I'Tg Building Permit Application #07/00401 O toaq for property described as Lot: fad._, ock Subdivision: lA e2S ARrs - Key: g,epl-£-KfuJ and Real t;statenumber:00310lip-goonno, oawg),) (�Op�pp�+ p�p�a�y� gy p/ 003/02-10-808e00 This authorization becomes effective on the date this affidavit is notarized and shall remain in effect until terminated by the undersigned. This authorization acts as a durable power of attomey only for the purposes stated. The undersigned understands the liabilities involved in the granting of this agency and accepts fidl responsibility (thus holding Monroe County harmless) for any and all of the actions of the agent named, related to the acquisition of permits for the aforementioned applicant. Nate: Authorization is needed from each awn the subject property. Therefore, one or more authorization forms must be submitted wi a the are multiple owners. r Owners) / Applicant Signature Printed Name of Owner(s) / Applicant NOTARY: STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this _ day of I ► OLM21, . 20_Q rsonally kno produced ldentlficatlon Type of Identification), did / did �nottake�anoat�h-� X, — C10 A - Nat ry D.S 4t t� t: AIYQQg�s�,rt� ROGO Agent Audwrinuion Form \ , p 9/M7 i IM A •-- „ " IF SUiIVEYOR5 + EI1(31h1EEli5 • 53266 OMMSEAS MCKWAY, 1SZA11URAOA, FL 33036 Phone (305) 664-0754 FAX (305) 04-0816 4 GI101GN d YdMAei {I!m GafOUif51 : :'t'!r'F+lO T? J1119./7E t.ryy r- %4 tYL a+f iCi •CL +• -iP i. �r K t Uri JW/ 7 • 1 v g }� y a7uaolW .14 L - fie f It tl0 .r' t./5 01 3 2xT/ m R PJ t 0- P 1 W", (%L ZO IA Nt j u• 9d' (m, To SOREv r`• tom':�.fsiArldd � — i 1 A7l� l + i I 1 ; 1t4N. G•MA".:iL- k+/y 1r -w t cec+n" IRN Nocr~. ACGOROT/O 10 THE PLAT 'I"Wi• As RSGCpbC1 f/ ILA1 W A ?4GE�+H •J i v R/P.iC Fl:pldlS Qf NOM`!! ilCY191R 3ruL.• 1 w W -..- TOCEO" WIT14 AN WaM t KWO017 VAR 7Mi LV 13' Of . on Alou A� Y� •�fJ !4 tocccwm TO tM[ PLAT7-y+� far/ S.0 As tPW ry'rtLC 'T:CaIOZ '7M .. w ..L .. 710N10E CC:.' — — FLCROA. ALRAT':R-s NOTES.-_ yr 604,Wrr)7,9w w 4n1 +,9 A4 C. 4mfrr7i+ro HA%K xa mu,red osArma PF-,'* s aJ mvm w cuwmr twEpl As Sm3w 9 r o +c "OA04 LNVL r�wro44WK OR nr,�`iK_S 4AViT SM4 , xATM 04 WMN LO 03 C'IVINSE VOTta YT:L" eff-K MTS rX %toft[� •(MPM SLS4s1C(71 r�Y-CF-WAT ►NOAP !AWL" P OWU Arwom "51MKttR 4. Ciacm !. t.mlrUV.41T2%4f.L-G4 IC&OM i11MAO'nL lfA14.tCp !A25 7lYY'CO' HCRTH UMM IHv1 JLAT F'�tl 15 10 MIFF �TH411 114YR :aISOL7N'.S W !T AML -VRMC. E CHIt77RA'T� r.xc HAL1Fa OWYAP. SCWWPFY+Ts.125+29. P4NE! 4p+J2OR, 3►=CT.A GATE 2/'v103. 15 T . r9SCIN ICAlln "OPMW APPEAR: +V at 14 7OH: w. mm A 64V ai A. h' INSI- t- CER7R¢ FOR BOMPYr 6uRYEY Sm SECOOM T7r. TOWISW 1 40MOV COTe'T TNT TWS VSKY t41S 7HE IIIIIeAM M RANGE "NM bf AGARO! AS SO F" 6Y THE FLCI®A CEEO 9Y (YJ BOW OF PROFESSIONAL SURNETORS AM YAPPERS IN to PLqm ST41U71 LO4� � [CCOSNC. COIIrKL 4 ASOIL T PWT, 044DO s LANEIOP. MIOIX P L.S0019 OAT[: 16/6/05 d:Atr ELCt1ATld1 110T IOWC itlRLbb Y.IufD i m 101 °r LAWRENCE SURVEYORS A ENGMM5 ■ LAND PLANNERS 83266 DUMAS MGHWAY, ISLAIIORADA, FL 33M MOM (305) 664--0764 FAX (305) 684-0616 n. <atIrIEF Tot cAIIDAC[ AKNs Lffik Aar UK a ME TIE na7MORr 34a � fro a[ttft� 11OnIw� T Tw IJAMO, IIIc01mtA M Ftwi I�OOK7 ►A1�E lit a C AICc 1 r�, C t�iW1w5TACAt ss EAStI1dV 04tt1 7nE xstrlcr MM a MM ti a 7A MAm 1. mmtsW �/ I f�------_____ urxalt a I TO S1tOREL1HE) --- 1sst1 (tic To wTrassl F .AAA[/,�►'rArd 1 11 $ I�.TM !d Fr. / CAN ACV# f 1w a AyA ' s $ xari >r IQ.QD' ( � F �Tr f �► g � Ixerwool�mm AI�iA'dr�iA�Ji ` `r'� 24 14 Tw, N!4 wz. a cpWIY. AAWA Soria C h a A a a! v r, f Aar/ O 9UAVEYCR'5 MUM. 1. ALL OOITMFRS Fgpp MAK 110 +IIFYtfIt OElCMA7110 F'11EVIOW tUIIIR7GR OR COW-AW DCO, At ROM No i ALL BEAIIAIq OtirAllr$ Al1E IRAfI.MM III Fur IMItSi CTF[lliwfE mlm. w 1 "R Ntlldpr REeol{0aft� �ifOltl NR wIJ1IE9 iNYE �pl lONtlm dt ai01w UIIIia4 O11p111tfE MD7m. Etcdr As QIOIIM IlgCpl. �� Iwnrs-or-Igr hlq/or; ollwaa� rox Fuarwsrco Ta sunsrnit t iM! MALL' a W o T%AM HAW �r'm atllLm a:mY�FeAs`a flsM.�in.: COtCIINwiY MwItS12w In rAM No.1 s7� TImI r MA►. rIIOFGII' ArPSAi4-� CE IN = AE k Yy IrAI AI'V 71pMs OF 14' h It' MEMAlIQ7 LEf w FAA FCORC /OI tm; $a /4WAI D "Mr 1 Fla p" It UP SET: FY. FCVIC pOn F SM &C"TO = MW=K Tm. TC1tm! Fx0. FCIto MAIL ARC aw RR RA CE KM s1+c. SET WK AMC rx.i /./t»Uw F.CAI. MUM CmIp m YpRR10iT MEAMAIM FA �O =MT Uw T ►l POtIr CF orumenmI PA FCNF OF CURVE C0Y61Fy ►Aw. FM or ego*" AAPK P�ID PA ItT nr. -wAr Et[V. QLVA7I011 CC1TWU FOIL moumneRr 3URMI' MFTC7I fiCICY T1wT 7Nt sYlocr kurt THE IAItwAu iF70w11eA1. srAFOAtm At MT FO M aT WK F►CFM" SUM Or FIWtIMMAI mmwrvmO[ ANDYAF!'CLS W oum" 7-w. ACId11di11At1YEe� fECCOM {TL /V+OItCA sTwlurEs. LAT11MM F. FRAW P.tl, AGIS CAVE: 10/6/05 NOT VAf10 UMLM RALtD JL W _ :ENCE P. FRANK j SURVEYORS + I=NGINEERS - LAND PLANNERS 83266 04ERSEAS HIGHWAY. ISLAa.IORAOA. FL =36 Phme (3135) 664-0764 FAX MS) 684-DWS A antM s rOSA►O roe M&.__ Inla) 1 TIk CA DAM AKM - - J �.., .I 29 L COUNTY. Kom" LECA OEKWNM LOT 12 M TMC SOU MMY 2&OW OF LOT $* eLOCA 1, OAO�CI- ARM Aypf"DOW, AOOWAM TO 11% RAT e P M eEMO0AO5eEW0000 N P►A7 coot PAGE 741 OF TK PWNC �.µ �a Y RE a IIpMtO� COIIMn iLdl1:A I! L rmt �r MW Or i waMAW j OOCmn Am Kewomm $ lie Awl (P 1 1 .axe-",w r \ ,O rns' . To SROBELIME) .�, 17TLH rar�ww \ �• �' � 111j� "Mr IkL 10 09milly- 14480 M FT. / o-w AcM O sAfff 1 �l I 13e.X (W. TO SHORELME) LOMMY AMW 'o SJRVE M �+ t, Atl COS FOU" kAYE MO IA MM OEf10MATNO PIIEM --RWEIOe OR OOW MY DCEp. AS 4DIM1 2 AIL ewaee AND OWARM ARE KAt1M Per RAT VKM OIIA1R11e1 Mp7pp, ✓. MO PaIll11p n Ele710AOm11:t TOII1gAIpM1 ON IIpdI[a MAVd emI LOCATD a *W M 1► M abd* R ROIEO. �1� OO 1 eF?14O1w0 RAepNp17; hON7s-ar-'KY A-M Ow+iRimp ORRE Fu mmom m vAvt a I6MMUIOM OATPM NA,Y.6 "' YZ. a CA eDAiMAIPQ MIPIO a0. f1114�t0.R ws OP eENOa LOT AMau . ePTpOT, me solcAo tles a to ealrr Our 1 I.. eers...n „� F1OK �±!►� - am TROMR To. I wdw aw- Aux Qa RAT GlMAlm PW PAIR,IIbIT QXV. 0"ATOM 11�7)J�SPF ` '.VARUM OT MT ! It, KILL CI Lim Poe BOUP"Y S AW7 I IDIOIY CMI T TMA7 On IDw1EY MgM TO: MNMM ArLAMM K��IOA fP fRAAN PJ.1;, /KIe Oi111E 10/4/D6 Pior vam tN4LU WAa 101 WFJ re CANWAF, 832Zj 6E OVE1{ H'a A6rzr� Phone (305) 664--0764 FA7f A. sx scommftmu A ipit aIRf ■Aii6wwgif :fry } MiOp +ErdL Gaon I� � � sus�or�"� �' Nlml 1, oocroNy ANY 11,'ll a "'I �ouTr s R -�. — �Ia1Nut oau,lrr, rtnNoti 8 ar� ALL "a"AM F&.M "AK uo - R s NelFm ♦! +a MMYNOigm11l � �IrAMT �r As 9MW +� utir °v RA�aa � ' °n rs-oe�Na► A�o/gt oyiprz>I� "°Ir �'.. _N. ryl� H� ��* 1 M ✓- �t� 7UY�PRAT��r1Cu#�iu�nroim�� �Yo uM IOYg A(rMAP.AAbRo. fi A FO1AlA 011 OpG 6@ NOIC�}m T71►. �OINt�NP COMM FM 4aAllp OL41 Na[ RAMa 1* cGtMry TM iYAr� �M7G n__.L4 HpNT# MY7lq RpgM,R f rGwANp� �GMUYOir YG�G� aN$1! T--cSt� gpA �WPF11! Mr e = w e -- ° oov. E* /'� +Q�..... rC/ .ler t�C m'�ICOOM. Ob*M.CF-Yµ �Y�YT ► Cam' .s Mr P&C 1.i1 1214, ps tvp4'S ! 4[+v111tlw 6A1111pq P. TRAiN(► tL Wn OATHS lo/r/ON NOT VAUD VVAn IAIW I f 3 r ft rt L Y US Tbb 0onveM hrfared By and Room tot FranKLO n. areetman. ndq. 3400 overseas aig2wMw, finite 40 netae MkM, TL 33030 fared M N Warranty Deed ThilIU entgre. Madethld 30th dwof Cindy Valieate, a married woman Da4R 1587844 04/07f 2083 10:12F11 F11*4 i Bmew"d in Official Rmwsrda of HOME COWff MW L. KOL)M GM 00C STOW CL. JILL $3.32M.ee Daps 11107844 5" 2101 Fal 1457 March . ZOOS Aa, Between ar the camwy of Ramon , smm of Ttamnennee . grantor. anti John W. Mina and olenda llkine, husband and Vista and Joha X. Akin and Caudace Mine, husband and wife, as Joint Tananta with Right of Survivorship "born edWen ix I07 First xarraca. Kay Largo, FL 33031 ar die Cainy of lloorae sum ar Florida � . grantcea. Whoasseth dwdwML4NM&Wad i400a>aaaaoeardt.amaof anti mhQ tmad end w1abM weieaadn �ANm� RLn DOLLARS (paid 0b' GU TM ft mcc%K "baser 6 hmby ootLAllt caked. buReimed mod MM to do cad GIANTMS end aMANTM r: pwamm ad � bn "' euipte Sra.r, tiro IbuotMy daietibed w,a. duare, Was mil bdas id i eCaay of Moarpe Stem of Florida m wit: Lots 19, 20, 21, 22, 23, 26, 25, 26 and 27, block 1, 000=ts AM 9ONKMBXONI a000rding to the plat thereof an recorded in Plat Hook 3, Page 141 of the Public Records of Komrce County, Florida. 'te ply herein dyed DOHB NOT constitute the HOWSssslla property of the grantor. The urantor'n RONESTWO addrea■ is 27330 Highway 69, Morris Memel, TH 38361. wW dw 4— bsnby ady we:tat tiro tide q aid kK Fad will defid me wok aaehut bwiw ebim of in penom wbmwcv.. It Witness Whe MA at rp+:aear bd baamto ,a ba eawd rod sod dw dry ad ym flat exnv wlh7iL Si led and ddbefed to our prgmca: i l-^�3llente " 1.�� (seal) Printed Ilamerr Ci Beats r-- w �� T.a Addax mso luparsy y, aiaeb Chap o [if 3i7di xilla man. STATE OF Tamneaeee COUNTY OF Hardin IU 11IM01111 itummteet *a ubww'kdW bef m ow aim 30th 4q of March Cindy Valiente, a married woman doieae swa:ylaknaameortm iver107lieanse a .2005 by 4 O printed hTasa =—�y �`c Notary Public efy coaamfeio awkin: S'_ "own COUNTY OFFICIAL RECO= I— re. oat wn ww"t t—VMH 0 Staff submittals 411 N 72 Page 1 of 1 Stanklewlaz-Tiffany From: Bgprevatt®aoi.com Sent: Thursday, May 27, 2010 1:20 PM To: Stankiewicz-Tiffany Cc: Gregholloway07@aoi.com; ABJDESIGN4U®aoi.com Subject: BOCC June 16 Tiffany, Per our conversation this morning, I am requesting my appeal be continued to the July BOCC meeting. A review of my notes indicates I made a mistake. I read an email from Susan Gdmsley dated May 16, 2010 to mean i would be heard before the Planning Commission on June 9 or June 23. Subsequently, I made plans to be out of town from June 10 through June 18. i now see that I misread and misunderstood that i would be going directly to the BOCC on June 16. Any assistance you can provide me In this matter is appreciated in advance. Let me know if there are other questions. Banks Banks Prevatt, Realtor, P.A. Coldweil Banker Schmitt R.E. Co. 29967 Overseas Hwy. Big Pine Key, FL 33043 Ceii: 395-0238 Direct: (305) 872-5204 ` �11i, � Fax: (305) 872-4220 N 6/R/2010 i RUWAKAMMM 2798 Overseas Highway Suite #4I0 Mta athon, FL 33050 voice: (305) 289-2500 FAX: (305) 289-2536 County of Monroe Growth Management Division Bfiard Mayor Cioorge Neugent, Dist 2 Mayor Pro Tem Sylvia I Murphy, Dist 5 Kim Wigington, Dist I Heather Carruthers, Dist. 3 Mario Di Cmnam, Dist 4 We strive to be caring, professional and fair CERTIFIED MAIL 70062150 0001 0488 1131 April 27, 2009 John Akins 107 First Terrace Key Largo, FL 33037 RE: ROGO Applications 07100486; 07100479; 07100485; 07100483 Dear Mr. Akins: The Planning & Environmental Resources Department has found a scoring error on ROGO applications 07100486. 07100479. 07100485; 07100483. The ro osetl development in eaof ch O p P s e applications is located in the `V' flood zone. Therefore, each application has beet given the -4 p assignment for being located in the V zone special flood hazard area. If you have any Quest'o"leme contact me at 305-289-2513. pity Stankiewicz Sr. Planning Tech. cc: Townley Schwab, Planning & Environmental Resources Director 0 0 n m n w 11 7006 2150 0001. 0488 1131 g itclw �� C; a � j �� doll C3 C3 UO ru I I 0 ar 0 L-9 C3 .= 000 a L 13 13 D Oro WRENCE P. FRANK 4 N SURVEYORS ■ ENGINEERS 0 LAND PLANNERS 83266 OVERSEAS HIGHWAY, ISLAMORAOA. FL 33036 Phone (305) 664-0764 FAX (305) 664-0876 A ORN7aN OF LIOUVEM1I OMMM OMPCMra CERTIFIED Tlx CANDACE AKINS < I Ai�NALT fAvzq K— • `. I 00,99'It H� t OW •,AN FJ.F.I �'�� S Awl ovinw a 1 ! sKo ! ! L---1J Ff IO dt I � p1 100.00- (C) $ Gar# r t'ar/ 0 1 JOB No- kOR.T03 SEC. 14. Tff- 66 S, RCE. 29 E MONROE COUNTY, FLORIDA LEGAL DESCRIPTION: LOT' 21 and = BLOCR 1, DOCTOR'S AM SLTBDINS M ACOOROTIG TO THE PLAT THEREOFI AS REGORGED >H PLAT BOON ], PACE 141 OF THE PUBLIC IIECORDS OF MONROE COUNTY. FLORIOA. A, SURVEYOR'S NOTES: t. ALL NX>RNE>� FOUND HAVE NO NIWBER DEMONATM PRVAOU3 SURVEYOR OR COMPANY D(CEPT AS SHOW 2 ALL BE/LRINO3 AND DISTANCES ARE MEASURED PER PLAT UNLESS OTHERWISE NOTED. 3. NO UNDERGROUNZI ENCROAC#CJEN71L FOUNDATIONS OR UTRJTIES HAVE OMM LOCATED OR SHOWN UNLESS OTHFAINSE NOTED. 4. NO INSTRUMENTS OF RECORD MUM"* EASEME7NT% RIGHTS-OF-WfAY AND/OR ONNERSpP WERE FURNSHED TM AgIWM EXWT AS SHOWN HEREON. S FJ.EYATION DATUM N.C.VA 16l6. M-'U- - CA BDICHMARIC FLMRX Blm. ET", 40A 6. BASS OF emea LOT ANQn . 60'00'CC•, MOM SCALED FROM FLAT. L THIS 18 TO CERTIFY THAT I NAVE CGN& LTED THE FEDERAL INBURAN TICK FLOOD NAZARD BOUNDARY MAP, COMMUEUTY N&M129, PANEL No. 1328 K. EFFECTIVE GATE 2 8 AND THE HEREON DESCRom PROPERTY APPEARS TO 13E IN ZONES AE & ME: WITH A BASE ATIONS OF 10' A 11' M.S.L. ABBREVIATION LEGEND; FJJi FOUND IRON ROD, SZE INDICATED SEC. SECTION Sly. SET IRON PrE, 1/2' P.LS. ��4E6619 FJ.P. FOUNO IRON PNPE, TWP. TOWNSHIP SIZE WOICATED F.N.O. FOUND NAIL AND Oft ME. RANGE DEED S.N.C. SET NAIL AND DISK P1 S610 F.GM. FOUND CONCRETE PLAT YOFpIYpITMEASURED PJEJ6 PERMANENT REFERD= MONLIME T CALCULATED P.C,P. PERMANENT CONTROL PONY CONCRETE P.I. POINT OF RNTERSECTIM CDV� COVERED P.C. POINT OF CURVE ASPHL ASPHALT P.O.B. POINT OF SEGNNNO PYMT. PAVEMENT R/WI RIGHT--OF-NAY ELEV. ELEVATION TYP, TYPICAL COMF= FOR BOUNDARY SURVEY I HEREBY CERTIFY THAT TIOS SURVEY WEFTS THE w0UM TECHNICAL STANDARDS AS SET FORTH BY .^4. BOARD OF PROFESSIONAL SURVEYOR$ AND A01W�IISiRATIVE f7NA—P1�ERy�T�1G1�7-aTO ANX ,,••• �• iy nFgHARIDIt y Y ♦iC s n Far pare took 12/4/OB i s • t e LAWIRENCE P. FRANK P.LS. j4619 DATE; I'y' NOT VALID UNLESS SEALED m 0 101 C I Qj, — — 1-- --� �L�ocx t wITTERs LANE W R/W ASPHALT PAV8AW I roe ova (c) 1d m E 'H' BI FER I I ` i LorI � oc i I— I BLOCK, r 'K+ I + I •� i i i I iFAWLY LOT24 �_ I �► ; I � � i � BLOCI(1 r r.. _i �• �� �; tl r l —� 8611�.___• ... . - ` I I r. o v ar°' I LOT23 BUD" i _ - �i COUNTY ROAD ---t VTHE `90ATION 007HECONp1R LXMCN 7 ' WPORL9�SI.im N46 m GENERAL NOTF.B: 0011CFm COApREeeAIE BTFe4xH Pv_4000 FBI MM WMATEDVIMSLUMP" JjO0Y6Tt RORFa0f101N0 BTMASTM Alfa, LT FV= m FOCIT M AG MNBT EARTH r F OTI M M TIDRLLa r BEAM &coLuwjs r W114NIBIMOLWACB AW ECIEIio sung z 14R' OABTAOAB�fEARIFI v ePLlol� ee BAR OIAMRTDT S)OOt T�EMABONH UMTSAIIM040W. 4) ALLSfRAT1. MMUD 0!716 OONN OMM MM TOM BUPPLIDBYSOURCAIR6W METALS OR 80LK PHONE N0. p o p olm 81ALL FABWOATED ANX0 TO BE HOIT-W QMNAN= PER ASTM ANNONSi4KM BRI3 0ALL L UMSM Fa -WO PSI W E-13 MIL Pd n TIE BEAM 00110I81 BARB SMALL LAP IrMBL RCoO- +10 POINTS — PLATTED SUBDIVISION +1 POINTS — GROUP , HABITAT +2 POINTS — WINO LOAD RATING 175 MPH PER ASCE 7-02 +1 POINTS ULTRALOW VOLUME PLUMBING FlXTURES 1.5 GAL — FLUSH TOILETS. 2.0 GPM FAUCETS. 2.3 GPM SHOW HEADS +1 POINTS —SEER RATING >12 +1 POINTS .- SECONDARY WATER SOURCE 2.000 GALLON CISTON +, POINTS — HEAT RECOVERY AC — ALTERNATIYE ELECTRICITY +1 POINTS — EXCEEO FL000 ELEVATION BY 13 INCHES —2 POINTS — AE ZONE TOTAL : 16 POINTS wow, TAN( AND UD 3500 PSI CONCRETE TAN( RIWORCED WRH 3/9' STEEL 12' O.C. BOTH WAYS REGULUI UD REIIFORCED WTM 1/2' SM DOTHWAYS TANK WALLS AND BbTIOM 4' MN PRE-MAMIFACTIIRED TANK BY FLORIDA ROCK AND SAND (OR EOM) TAME "WrTY TO BE MN 24M GALLONS PREFAB STANDAN UO S' PVC Apawl LEADER AND P9 ' IIOam LE4EC CUTTER SSYYSTEM M r ,rx,nn xrr DVYNEC ....,... . Wis 21 B KEY LARD BiRUGRJR�: BUILDING LDT MEAAW: NET LAND mmmm CauEAAGE MOM GRAVEL D MTIVL�sDca5_ PROJECT NUMBER: AMINE C NET LOT AREA = Is, IMPEfMOUB AREA m 21 CALCULATION: 2A8421'12 - 2 N DRAINAGE PROVIDED: t' awALE * TOP AREA (f f , 41I08F 1B8 2 TmBF 848 4FWTWLDmff w TONI Wa BOTLSNOFO 04'1 BRMAM 1WNDR{L 4�r am MALE C N.T. kv lOfWi J0601WLBICIfr 1s� 80TLLAIDHT F, 1f to" aftuoRaA W MOFLL • 00TWD mum #2 LLTA LAWRENCE P. FRANK Ee CERTIFIED 70, CANDACE AKINS SURVEYORS • ENGINEERS • LAND PLANNERS 63266 OVERSEAS HIGHWAY, ISLAMORADA, FL 33036 Phone (305) 664-0764 FAX (305) 664-0516 C a D a ! JOB Na 1t06306 SEC. 14` TM'P. 06 S„ ROE. 29 G MONROE COUNTY. FLORIDA 13MW (C) --TDB----T-------------` 1 x LINE "M I ��► ' Awl � I �efrltT/ O 16L3M SM FT. / 0.370 ACRE I, row asr Y 151,00, (P) Awl 20ViA 1352t' (M. TO WITNESS) 156.90' (M. TO S96RELINE)— / IMF — — — — — -- LEGAL OESCRIF11 N: k LOT 27 AND THE NORTHERLY 61.90' LOT 25. °a Bl= 1. DOCTOR'S AM SUBDIVISION. 2}li RECORDED PLAT SDING TO THE O KT 3 PAM 1MMM 4i OF THE PUBLIC IKCOR09 OF Yd6T0E COUNTY, ft01,DA — — .SCALE t'-]p' TOOMER N07H AN INGItE35/EaRE85 EASEMENT OVER THE M131EIiLY 12 OF LOTS 23 AND 24, BLOCK I 0OC70R'S ARM TO 7W PLAT THEREOF AS RECORDEDDIN PLAT BOOK 1 Bw/ PAGE 141 OF THE PUIBUC RIO:OFDS OF MOFIRQE COUNTY. FLORDA. — — — SURVEYOR'S NOTES: ' Ll%NTi ROID W R/W 1.1 ALL CORNERS FOUND HAVE NO NUMBER MSIONATING PREMMI SURVEYOR OR COMPANY FatCEPT AS SHIM. 2_ ALL BEARINGS AND DIS ANCES ARE MEASURED PER PLAT UNLESS ORiERTKSE NOTED. INO UNDEROROUNO QtCR M MENTS. FOUrDAJOW OR UnITIES HAVE BEEN LOCATED OR SHOWN UNI 07FIAM14E NOTED. 4. NO INSONMEN73 OF KCORO REFLECTINO EASEMENTS. RM S-OF-WAY ANO/0R OENERS4P WERE FURNISHED THIS SURVEYOR DICEPT AS SHON4 HEREON. b 8"ATON DATUM N.O.VA. 1929, M.S.I. - GA. BI RML&RK: FL419M SPA EI.EV.-IIL42 S BASIS Or BEAR9iQ LAT ANGLEY 9090 00' 1NOR1H SCALED FROM PLAT. 6. iF63 D to CERTIFY i1RAT I HAVE CaISULT D THE FEDERAL INSURANCE ADWaSMTWN FLOOD HAZARD BOUNDARY YAP. COMMUNITY Na.125129, PANEL N0.13211 K, EFFECTIVE DATE 2 8 ANO THE HEREON OEELCR{BFD PROPERTY APPEARS TO BE IN ZONE VE. WITH A BASE ELEVA 11' WSL ABBREVIATION LECENO: F.I.R FOUND IRON ROC, SIZE INDICATED SEC. SECTION SI.P. SET 9EOR~ RCi B TWP. TOWNSHIPF.I.P. FOUND 5� ROE. RANGE F.N.C. SFOUND NAIL ANT DISK PDEED LAT S.N.D. SET VIAL AND TUSK, P.L.S. 10 PLAT F.C.M. FOUND CONCRETE MONI MEASURED P.R.Y. PERMANENT REFERENCE MONUMENT LC CALCULATED P_C,P. PERM CONTROL POINT CONCRETH P.L POINT OF INTERSECTION COV. COVERED P. C. POW OF CURVE ASPH. ASPHALT P.O.B. POINT OF BEGINNING PVMT. PAVEMENT R/W RIGHT-OF-WAY ELEV. ELEVATION TYP. TYPICAL CERTIFIED FOR BOUNDARY SURVEY I HEREBY CIDMFY THAT THIS SURREY MEETS THE..IEIWN TECHYBCAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND YAPPERS B, CJHAPTER 6, ADMMTRAIIVE CODE. PUR5�0N 4/EZO A STATLIIES. for . end 12/4108 LANRtENCE P. FRANK PALS. #4619 DATE: 10/6/06 NOT VALID UNLESS SEALED w" Ee f ASCE 7-02 WM VEUXMY - 175 MPH ENURE CATEG M - C IMPORTANCE FACTOR - 1.00 K22 — 1.00 WERNAL PREIRE OOEF10E4T — .18 GENERAL NgM: a4NlXIM OOMPIA6NE 6TT6°aM lip 4= P 9 MINIMUM AT W oA1f$, IRLIlI " FMMTIXMM nnASTMAMMMMi9 oovm F00'fMIB6INPORM6H t �6UR *= apw♦' GABTA9A$FFTFATM t SPLIOMMISARCIIIAMTER 4 bON0FffM MAIIDFOIYUNIis A6TMCs6966T, Pin-Im m 4 ALL 6TRA'4 vwAw 1a CONRCTOTT4 Em To 6$ iRi✓PP4M GOURIMT11MMALSOR83141. aI ALL PABIEOAT�ANCNDFTgto mHDT� T>tALTlAT11m;D I�TAQTM A0160R$TAO�L�B BTELL QALLLL=0Fb-lM PmMX.5-1xML Pm la TIE OEAMOORdBI9M *IALLLAP W MIN. 0710 RWO - +10 POINTS - PLATTED SUBDNTSION +1 POINTS - GROUP t HABRAT +2 POINTS - WIND LOAD RATING 175 MPH PER ASCE 7-02 +1 POWYS ULTRA LOW VOLUME PLUMBING FOTTURES 1,6 GAL / . FLUSH TOILETS, 2.0 GPM FAUCETS, 2.5 GPM SNOWEF +1 POINTS HEADS - SEER RATING at 2 +1 POINTS - SECONDARY WATER SOURCE 2,501) GALLON CISTERN +1 POINTS - HEAT RECOVERY AD - ALTERNATIVE ELECTRICITY +1 POINTS - T7ICEED FLOOD ELt1 roN 9Y 1J INCHES -6 POINTS - VE ZONE TOTAL : 12 POINTS Mon - TANK AND LID 3500 PSI CONCRETE TANK REINFORCED WITH 3/6' STEEL 12' O.C. WTH WAYS REG" LID REINFORCED WITH 1/2' STEEL 917M IYS TANK WALLS AND BOTTOM 4' MIN PRE-VANUFACTUREO TANK BY FLORIOA ROCK AND SAND (OR ECUALj TANK CAPACRY TO BE MIN 2.500 GALLONS ,_.pREFAa STANGMRD LID / 11 — 6' Put 6awmawo LEO& DESCRIPTION LOT 27 AND THE NORTHERLY sj A( DOCTORS ARM SUBDIVISION, ACD PLAT THEREOF; AS REGMED IN I PAGE 141 OF THE PUBLIC R6007iE COUNTY, RARDA4 20m. 1 p7Ai D KEYLARGD, 87M)M IRES. OLMLI q AR LOF ODVBwe NEP LAND AR mEgmagggm REMENM GRAVEL DRM AMWRA I TOTAL P@BMM AREA OPEN LAMWAPE PROJECT: i I'1[ JNS RCDIDENOE PROJECT NUMBER AKINS. G1 NET LOT AREA — 14,817 IMPERVIOUS AREA - 3.153 CALiCULATIOR. 9,15II1112 - gM CF DRAINAGE PROVIDED: , &AXE0 7OPAFEA g Al 1 4WSF 1668F 2 7698E "IF TOTAL PROVIDED 4e"10P >a:' UNWTIl9�ImlT Cim 1 r VMSAM ✓ YI wmL I 4# 60TI11mTH SWXE #1 SE( OLTA. so LAWRENCE P. FRANK SURVEYORS 6 ENGINEERS o LAND PLANNERS 83286 OVERSEAS HIGHWAY, ISLAMORADA, FL 33036 Phone (305) 664-0764 FAX (305) 664-0816 A prom IF MDPAYRm I}{n= Ca14OR m x +"' CERTIFIEDM.. CANDACE AWS LEGAL DESCRIPTION: ALL OF LOT 25 AND THE NORTHERLY 24.00r LOT 24 AND THE SOUTHERLY 17.D0' OF LOT 25. BLOCK 1. DOCTOR'S ARM SUBDIVLSIOL, ACCORDING TO THE PLAT THEREOF,. AS RECORDED IN PLAT eD(K 3. PAGE 141 OF THE PUBLIC RECORDS OF MO RlOE COUNTY. FLORIDA. SUB.ECT 14 EM AN ING ESS/EORESS EASEMENT OVER THE WESnRLY IlOW OF LOTS 23 k 24. BLOCK 1. AFORESAID DOCTWS ARM SUBWMSION. f�— — — — — — — — — — — au Awl ' 20R/w 10.00 (P) SHORELINE) 186; (MIL TO I u JWfff1AirMrff I v W.0 OL A OIOQ1Mj 1 g 14.746 SO. FT: / M= ACRE r , I ,r• 14UI' (M. TO WITNE! — \ RLr. JOB N4 k0I305 SM 14. TWP. a6 L. RGE 20 E MOOHOE COUNTY, FLORIDA SCALES 1'-,W Ba'r ie Ch if n .0 e 1 w. � , 177.z" (M. TD SHORELJNF) \ 1 1 I .ter 494r/ \ \ rxrl , Awl r +�--------------�— Aw / `1 -- —�4`----------------�— Y�' evmvTY 14I0.4D at R/W SURVEYOR'S NOTES 1J ALL CORNER$ FOUND HAVE No NUMBER OESIONAIM PREVIOUS SURVEYOR OR COMPANY DICEPT A$ SHOVIN. 2)) ALL BEARINDS ANC OISTANCES ARE MEAWRED PER PLA7 UNLESS OTHNWdS[ NOTED. a NO U OUTA ENOROACHMEK S. FCUNOAMO OR UTIUTIM HAVE KEN LOCATED OR SHOWN UNLESS OTHERWISE NOTED. 4, NO INSIIKUMENTS OF RED= REF EMD EASEUSIM R GHTS-OF-RAY AND/OR ONNFR8 w WERE FURNISHED THIS SURII m EXCEPs tLLVAtiaNl OASHOWN iIAI NOVb. 19z0 MSL r• 0.4 �OLAWa A+N070'JRO ELEK-10.42 HL EIAfO! OF p(/1LII0: HOT AN0117 00'OCOO', NORTH SCALED FRCP PLAT: Fx THIS 6 TO CERTIFY THAT I HAVE CONSULTED THE FEDERAL IN SWHANCE ISTRATNOH FLOOD HAZARD BOUNDARY MAP, COILMUNI}Y No 126129, PANEL 90.1= K. EFFECTIVE DATE y�e AND THE HEREON DESCRIBED PROPERTY APPEARS TO BE IN ZONES AE R VE, WITH A 8A5E A710NS OF IV AI 11' M.S.L. ABBREVIATION LEGEND: F.LR FOUND IRON ROD. SIZE INDICATED SEC. SECTION S.I.P. SET IRON PIPE. 1 " P.LS. 19 TYWP. TOMEt5LILP F.I.P. FOUND IRON PIPE S1ZE WDIC/11ED RGE. RANGE F.N.D. FOUND NAIL AND OM DEED S.N.D ICOSL#19 PLAT F.C.M. O0NA MEASURED I P.RON .M. PMANENT REFERENCE MONUMENT CALCULATED P.C.P. PERMANENT CONTROL POINT CONO, CONCRETE P.I. POINT OF INTERSECTION COY. COWERED P.C. POINT OF CURVE ASPH. ASPHALT P.D.B. PONT OF aEGIN INO PVMT. PAVEMIDIT 01! RIOIT-OF-WAY ELEV. ELEVATION V TYPICAL CERTIFIED FOR BOUNDARY SURVEY I HEREBY CERTIFY THAT THIS 51URVEY W= THE MINIMUM TECHNICAL STANDARDS AS SET FORTH eY THE FLORIDA SOAAD OF PRMMONAL SURVEYORS AND MAPPERS IN CHAPTER 7-0, AOAYNIS1RAlIWE CODE, A STATUTES. for to onl 1 4 LAWRETNCE P. FKAN% P.L.S. #019 DATE 10/e/0I NOT VALID UNLESS STALED � r Nj AR, WA n ASCE 7-02 WIND VELOCITY - 175 MPH E*K)SURE CA7EQORY - C IMPORTANCE FACTOR - 1,00 Kzt - 1.00 INTERNAL PRESSURE OOEFICIENT - .18 GENERAL NOTES, OONCRBTB OOMPRONW 8TRA10THIFO-MFIBI MINWUMATiBOAYB,BLIA PIP-111' RStoow�RCIMSTULMNA016.APAIDIS 0 FO0VMAQ1WI11TTRIRTH S FOCOsun "Ica,0 RLA&urtum Bvr EM Rid OR aNFAOE 1 TIr OABTA ANOTTRI}4TH r 04ICES M BAR OYULEIT3I 4 OONCILSTE YAK*W MISTS ABTM O*D-W HB-1= P61 19 ALL STRAIN, RRACOM CONNECTOR%ETC. TORE 8UPPLlED BY8OUTHFASTERN Ml'TALSORECII.K. PHONE Nx fporAWjM MALL MIDATEDANCHIMID8EHDT-0IP MIALVAN® PER ABTM A=ORmAmLmosmEE MALLRU-1!mP9MBL,H-1RmLPSI 711 TU BMUCORrER BIVN6HALLLAP 1rIMIL ROGO- - +10 POINTS - PLATTED SUBDIVISION +1 POINTS - OROUP 1 HABITAT +2 POW$ -WINO LOAD RATING 175 MPH PER ASCE 7-02 +1 POINTS ULTRA LOW VOLUME PLUMBING FIXTURES 1.5 GAL / _ FLUSH TOILETS, 2.0 GPM FAUCETS, 2.5 GPM SHOWE HEADS +1 POINTS -SEER RATING >12 +1 POINTS -SECONDARY WATER SOURCE 2,800 GALLON CISTERN +1 POINTS -HEAT RECOVERY AC - ALTERNATIVE ELECTRICITY +1 POINTS - EXCEEO FLOOD ELEVATION BY 13 INCHES -6 POINTS - VE ZONE TOTAL : 12 POINTS f Vl 40 HOIES, TANK AND UO 35DO PSt CONCRETE LEGAL DESCRIPTION ALL OF LOT 25 AND THE NORTHERLY 9 AND THE SOUTHERLY 17A0 OF LOT 2E DOCTORS ARM KIMNISIQN, ADDORII PLAT THEREOF; AS RECORDED IN PLK PAGE 141 OF THE PUBLIC RECORDS O COUNTY, FLORIDA OWNER: AKWB REMU NC LaM26a84&2 KEY LARQO . FL1C gpgjc TUREB: BLILOW AREA LOT 00VERU4t3E: NET LAND AREA IPI3MOU8 COUERK , palina"Am GRAVEL DRIVEWI KLMDRAWRELD TOTAL DISTURBED AREA a,: .:•= a PROJECT NUMBER AIGNS G-1 NET LOT AREA 14,M IMPERVIOUS AREA 2075 CALCULATION: 2.97W12 - 247 CF FtE DRAINAGE PROVIDED: SWALE0 7WARFA WMAWAI 4U&r- 8F 2 1808F BI$F TOTAL PROVIDED 4"TOPURGHT 1B TOPwm .. L rowrN 1T — =wrwm SWALE # 1 SECIX N.T.B. PC LAWRENCE P. FRANK "m 11 OERIIFIED TO: CANDACE A10NS #71%F"Ly , 1 SURVEYORS • ENGINEERS • LAND PLANNERS 83266 OVERSEAS HIGHWAY, ISLAMORADA, FL 33036 Phone (305) 564-0764 FAX (305) 664-0816 A mvmw or IAWAM m ! COOMT" JOB NO, k06304 SEC. 14, 1IIP. N S. ME. 20 E. MONROE COUNTY, FLORIDA LEGAL DESCRIP im LOT 23 and THE SOUTHERLY 20.00' OF LOT 24. BLOCK 1, DOCIOR'S ARM SLIBDIVISION. ACCORDING TO THE PLAT 1 THEREOF, AS RECORDED IN PLAT BOOK 3` PAGE 141 OF THE !} PUBLIC RECORDS OF MONROE OMM, FLOW& SUBECT TO AN INGRESSACIRESS EASEMENT OVER THE WESCEBLY 12A0' OF LOTS 23 ✓k 24, BLOCK 1. AFORESAID DOCTOR'S ARM SUBDIVISION. SCALE: 1'+3C Gffff `.Wl r 10.00'(P I� J _ M. TO SHORELINE) ,-Ml ri�av 1' ,ar OL m aoieaq S 14.ee0 SM FT. / D-W ACRES 1 r 1RL00' (P & M. TO urmms) 236 (M. TO SHORELINE) r COMT AV r o b '* i T ---------0I411------------ --------------------s@r--M-��-CIF----M--�--�- FI ---------may. SURVEYOR'S NOTE' 1.) ALL, DORMERS FOUHO HAVE NO NUMBER DESIGNATING PREVIOUS SURVEYOR OR COMPANY EXCEPT AS SHOVK 2) ALL BEARINGS AND DISTANCES ARE MEASURED PER PLAT UNLESS OTHERWISE NOTED. I NO UNDEROROUND ENCROACHME7NT& FOUNDATIONS OR Ufl1 M HAVE SEEN LOCATED OR MOM UNLESS OTHERWISE NOTED, 4. NO 01S11MIEN13 OF RECORD REEL MMU EASERNENTS. RIGHTS -OF -WAY ANO/OR OWNERSHIP WERE FURNISHED INNS SURVEYOR EXCEPT AS SHOWN HEREON. S 11E -n.& OATIAN N.RY.O. 19M M,LL - GA. SEMC NIARKs FL4,N30 s,m, tl> AiD.42 0. LLA9s OF BEARI I LOT AND= + N0 WW, NORTH SCULLED FROM PLAT. S. THIS IS TO CERIIFY THAT I HAVE OONRi0.TED THE FEDERAL INSURANCE ADMINISTRATION FL000 HAZARD BOUNDARY MAP, COMMUNITY No.12S12B PANEL Na132fl K EFFECTIVE GATE 2/iB/06, ANO THE HEREON DEWAMEO PROPERTY APPEARS T`0 BE IN ZONES AE 8 VIE WITH A E ATiONS OF 10' & 11' M.S.L ABBREVIATION LEGEND: FLR FOUND RN ROD, SZE INDICATED SEC. SECTION ILP. SET 3N PIPE 1 P•1.S /4ell TWP. TORINSHP Fd.P. FOUND IRON SIZE INDICATED ROE. RANGE F.N.D. FOUND WIN. AND DISK OEE:D S.N.D. SET HAIL AND OLSK, P.L.S. #4610 PLAT F.C,AL FOUND CONCRETE MONUMENT MEASURED PR.IL PERMANENT REFERENCE MONUMENT C CAL.CIR.ATED P.C.P. PERMANENT CONTROL POINT CONC. CONCRETE P I. POINT OF INTERSECTION COY. COVERED P.C. POINT OF CURVE AS11L ASPHALT P.O.B. POINT OF BEGINNING PVMT• PAVEMENT R/W RIGHT-OF-WAY ELEV. ELEVATION TYP TYPICAL e 1 m,CYm mmin WW CWt+1R42 CI RT6iED FOR BOLMART SURVEY I HEREBY Cam" THAT THIS SURVEY mM-M DIE MINIMUM TWO CAL STANDARDS AS SET FORTH BT THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER e1 -e, F'ORCA ADMMSM1M CODE, PURAUWT SECDON 4 027, FLORIDA STATUTES Prc tea only 1 LAWRENCE P. FRANK P.LS. 0010 DATE: 10/8/0e HOT VALID UNLESS SEALED A FA 0 0 ƒ � \ � � U § � ■ • ■ ■ ■ . I if q� J � - 2a a,I �2@;23W■k§■ 2 , C++ � § k � 9 M Iy Z . = , A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION APPROVING THE RESIDENTIAL DWELLING UNIT ALLOCATION QUARTER BEGINNING JANUARY 14, 2009, AND ENDING APRIL 13, 2009, PURSUANT TO SECTION 138-26 OF THE MONROE COUNTY CODE 'WHEREAS, the Sr. Director of Planning & Environmental Resources submitted to the Planning Commission a Residential Dwelling Unit Allocation Evaluation Report, dated June 3, 2009, pursuant to the procedures outlined in Monroe County Code, Arnended, Section 138-26; and WHEREAS, the Monroe County Planning Commission during a regular public meeting held on June 10, 2009, conducted a public hearing to review, discuss, and make formal motions regarding the Dwelling Unit Allocation Raging Report; and ,75, WHEREAS, the Planning Commission was presented with the following evidence: =t�t 1. The memorandum entitled Residential Dwelling Unit Evaluation Report, Quarter 3 of Year 17, from Townsley Schwab, Sr. Director of Planning & Environmental Resources, to the Monroe County Planning Commission, dated June 3, 2009, and which report's findings of fact and conclusions of law this Commission adopts by reference, as its own; and 2. The sworn testimony by the Monroe County Growth Management Division staff-, and comments of John Wolfe, Esquire; and WHEREAS, the Planning Commission makes the following Findings of Fact: 1. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant Allocation RanIdngs in the bower (1L.ower)Middle) Keys subarea for Market Rate Dwelling Units to applicants ranked one (1) through twenty-five (25); and Resolution P23-09 Pagel of 3 m 2. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant Allocation Rankings in the Big PinwWo Name Key subarea for Market Rate Dwelling Units to applicants ranked one (1) through two (2); and 3. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission, hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant Allocation Rankings in the Upper Keys subarea for Market Rate Dwelling Units to applicants ranked one (1) through fifteen (15); and 4. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant Allocation Rankings in the Upper Keys (Administrative Relief) subarea for Market Rate Dwelling Units to applicants ranked one (1) through fifteen (15); and 5. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant zero (0) Allocation Rankings for the Lower and Upper Keys subarea in the very low, low, & median income category for Affordable Housing Dwelling Units; and 6. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant zero (0) Allocation Rankings for the Lower and Upper Keys subarea in the moderate income category for Affordable Housing Dwelling Units; and 7. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant zero (0) Allocation Rankings for the Big Pine/No Name Keys subarea in the very low, low, & median income category for Aff%rdable Housing Dwelling Units; and 8. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant zero (0) Allocation Rankings for the Big Pine/No Name Keys subarea in the moderate income category for Affordable Housing Dwelling Units; and 111 < Resolution P23-09 Page 2 of 3 t NOW THEREFORE BE IT RESOLVED BY PLANNING COMMISSION OF i" MONROE COUNTY, FLORIDA, that the preceding Findings of Pact and Conclusions of Law, support the decision to APPROVE the Residential Dwelling Unit Allocation Rankings for Quarter 3 Year 17 and as submitted by the Sr. Director of Planning & Environmental Resources. a 0 PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a regular meeting held on the 10th day of June 2009. Lower (Lwmdl) Keys Commissioner Wall ya Commissioner Werling yZ Commissioner Hale ya Commissioner Cameron y a Commissioner Lustberg yew. Commissioner Wall Commissioner Werling Commissioner Hale Commission Cameron Commissioner Lusdwg Market Rate Big PuWNo Name Keys Upper Keys Upper vA- s:did) Keys subarea subare subarea 30 yM 30 YM yM y a y9 ya ya 30 ya YM y a YM Affordable Housing Lower (Lwdmdl) & Upper Keys Big Pine/No Name Keys sub ya YM YR YM YM YR YM yes Signed this 10th day of June 2009 Resolution P23-09 Page 3 of 3 By !�F7777.1 i W FMIar+-�a.��sr --- . S M 11Ey1 O�rOM YN_O A A o A jag 6iS$S �BSppp �� 11 pp � FFFF88FF88����ia�a�€���FgdFFFFBFFFFFFFFFFFFFF i yy s9 yy fill?Sr g RKE Y S xx j r M u a Y S-• r 0_ N Y F a N+ 0 Y Y O N a i �` O p p F P 0 0 0- 9 y a y�{ Fl rf� yR ]Ar p w x nAACO Y+�-.. ..- Y-��i��TS������f+0 .. V • o� r+�wra�� N »NppNNpN_------------NNNNNNppp»NNNNNNNNNNp4 a eOSsagSeaeooa000oeooa00g-OaoS-O eoBS$oaSeaSS -OSaBI eae0ea00eegeSoB�eSoeSeo00eoe0eoo0eoa00oae00ae -� 0 �J9 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ... 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ... 0 0 0 0 4 O O O O 0 0 0 0 0 0 0 0 o O o o o o O O O o o O o o o o O o o O o o O Y O o O o o o o O O O Y P RI e O o O e O o O e O o o e O o 0 o e o o e e o o e O o o O e O o O e e o O O e o o O e o o O eYO 0 0 0 O O O O O O O 0 0 0 0 0 0 0 O 0 0 O O o 0 O 0 0 0 0 O 0 0 0 O 0 0 0 O 0 0 O 0 O 0 0 O N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .... 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 P s� 0000000000000000000000000000000000000000000000 a 6� L O O L• L j L o O O o o O O O o O O O o O O O o O O O o O O O o O O L o O O O o O O O o o i Nf L i y aiie$�Ssi�ii aa'o eao0eoo00ao0eoa00ooa� i{!t`5,,, SOOOSeeOSee So �eo ... :NMM$Np�rV Yu4Y ri u�-ayl'p Kai 0 M, I o c 0 101 RESOLUTION #P42-09 A RESOLUTION BY THE MONROE COUNTY PLANNING} COMMISSION APPROVING T7JE RESIDENTIAL DWELLING UNIT ALLOCATION QUARTER BEGINNING A.PRIL 14, 2009, AND ENDING JULY 13, 2009, PURSUANT TO SECTION 138-26 OF THE MONROE COUNTY CODE WHEREAS, the Sr. Director of Planning & Environmental Resources submit to the Planning Commission a Residential Dwelling Unit Allocation Evaluation Report, dated August 26, 2009, pursuant to the procedures outlined in Monroe County Code, Amended, Section 138-26; and WHEREAS, the Monroe County Planning Commission during a regular public meeting held on September 2, 2009, conducted a public hearing to review, discuss, and make formal motions regarding the Dwelling Unit Allocation Ranking Report; and WHEREAS, the Planning Commission was presented with the following evidence: 1. The memorandum entitled Residential Dwelling Unit Evaluation Report, Quarter 4 of Year 17, from Townley Schwab, Sr. Director of Planning & Environmental Resources, to the Monroe County Planning Commission, dated August 26, 2009, and which report's findings of fact and conclusions of law this Commission adopts by reference, as its own; and 2. The sworn testimony by the Monroe County Growth Management Division staid and comments of John Wolfe, Esquire; and WHEREAS, the Planning Commission makes the following Findings of Fad: •1. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant Allocation Rankings in the Lower (Lower/Middle) Keys subarea for Market Rate Dwelling Units to applicants ranked one (1) through thirty --six (36); and Resolution P42-09 Page 1 of 3 M r 2. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant Allocation Rankings in the Big Pine/No Name Key subarea for Market Rate Dwelling Units to applicants ranked one (1) through two (2); and 3. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission, hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant Allocation Rankings in the Upper Keys subarea far Market Rate Dwelling Units to applicants ranked one (1) through twenty (20); and 4. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant Allocation Rankings in the Upper Keys (Administrative Reli Rate Dwelling Units to applicants ranked one (1) through ten (10and area Market 5. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commussion hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant zero (0) Allocation Rankings for the Lower and Upper Keys subarea in the very low, low, & median income category for Affordable Housing Dwelling Units; and �1� 6. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant zero (0) Allocation Rankings for the Lower and Upper Keys subarea in the moderate income category for Affordable Housing Dwelling Units; and 101 7. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant zero (0) Allocation Rankings for the Big Ph=No Name Keys subarea in the very low, low, & median income category ;for Affordable Housing Dwelling Units; and 8. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant zero (0) Allocation Rankings for the Big Pine/No Name Keys subarea in the moderate income category for Affordable Housing Dwelling Units; and Resolution P42-09 Page 2 of 3 ZE e NOW THEREFORE BE IT RESOLVED BY PLANNING COMMISSION OF MONROE COUNTY, FLORIDA, that the Preceding Findings of Fact and Conclusions of Law, support the decision to APPROVE the Residential Dwelling Unit Allocation Rankings for Quarter 4 Year 17 and as submitted by the Sr. Director of Planning & Environmental Resources. PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a regular meeting held on the 2nd day of September 2009. Market Rate Lower (Lwr Mdl) Keys Big PinelNo Name Keys Upper Keys Upper (Adn Rdie0 goys Chairman Wall subarea sub su Commissioner Werling yes yel yN YSR y= YA Commissioner Hale M JCS Y YM Commissioner Cameron yes yes y_q Commissioner Lustberg yes E9 y_q yes YN Affordable Housing Lower (LwDudl) & Upper Keys Big PindNo Name Keys Chairman Wall 8 bare sub are_a � Commissioner Werling y!t Y92 Commissioner Hale YM Y- Commission Cameron ya MS Commissioner Lustberg ,a MS Planning Comnission of By Randy Wak f airman Signed this 2nd day of September 2009 ••• w.r �w�r� .rr���r.w�w� Resolution P42-09 Page 3 of 3 �N.+a O ms�PSll#�N+04PV p�i Y1V �000�1 P Y� YN.+i000 V Ou+YN+ Done �q � � a eases as a a sss seas s a •� �ssssss�s"s""� ss s �s ssss �ss fill aLL���r�yLOL 9W9 Z�Z��r�SOL4L O�wtwt O��LLY R+�ttO �2�L�LP�O �99O �O�ON 99O�C�y�O� ��Q �Q9j SyQ dySQ�6 �������� O 66�ys�y3�y3dQ dSyd ��6QQa ��d9j��d ��y3 lit 11111 fill 1-offiffillf I I a MtRIP I W N 1 Y Y M A yj�+Yy�±sVs+N4 sate U MM p t+Y yeN�a�N00 mum, Fa," I I Z gs Ss g e� UV4b jig 88 + N N N N N N N N++++++++++++- N N N N N N N N N N N N N N N N N N N N Y � Op po0000 �U UUUel el O eIp 06000 pp p O00 Sp p00 0000000� 00eeeeo oee00000000000 e����eee���eeee���eeee����eee��eee���eeee� eee����eee���eeee����eee���eeee��eee����ee O bel O el el Opp el el Opp peel O eIp pp O el Op p pp el el OOYel el el Opp ppp bb O el el Op pp O0 elppp pp el OO p pp O0 elp p p pO elpp pO0 elbb 000 eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee Seeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee aeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee ellllieeeeeeeeeeeeeeeeeeeeeeeeeee}eeeeeeeee Y N N N N N y O O O+ 4b 4b a+++++ 4b a bb O el Op?.10000000 e1O 0010 v0 � � 00 el el00 p 0000 bb0 OO elp/� Yet a OOOb70 b0 000 DSO 00 bb SOO+.+i .+i� W W N�pGNNY4II II IIY++� It Q- Y EmJ� 1 4 4 o w�� <a oe N� 6I M w H a' Ho V Y O M. CIO A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION APPROVING AND HOLDING SOME ALLOCATIONS IN ABEYANCE FOR THE RESIDENTIAL DWELLING UNIT ALLOCATION QUARTER BEGINNING JULY 14, 2009, AND ENDING OCTOBER 12, 2009. ALL OTHER APPLICANTS ROLLOVER TO THE NEXT REGULAR QUARTERLY EVALUATION PURSUANT TO SECTION 139-26 OF THE MONROE COUNTY CODE WHEREAS, the Sr. Director of Planning & Environmental Resources submitted to the Planning Commission a Residential Dwelling Unit Allocation Evaluation Report, dated December 8, 2009. pursuant to the procedures outlined in Monroe County Code, Amended, Section 138-26; and WHEREAS, the Monroe County Planning Commission during a regular public meeting held on December 15. 2009. conducted a public hearing to review, discuss, and make formal motions regarding the Dwelling Unit Allocation Ranking Report; and WEMAS, the planning Commission was presented with the following evidence: 1. The memorandum entitled Residential Dwelling Unit Evaluation Report, Quarter 1 of Year 18. from Townley Schwab. Sr. Director of Planning & Environmental Resources. to the Monroe County Planning Commission, dated December 8, 2009, and which report's findings of fact and conclusion of law this Commission adopts by reference, as its own; and 2. The sworn testimony by the Monroe County Growth Management Division staff; and comments of John Wolfe, Esquire; and WHEREAS, the Planning Commission makes the following Findings of Fact: 1. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant Allocation Rankings in the Lower (LowedMiddle) Keys subarea for Market Rate Dwelling Units to applicants ranked one (1) through fourteen (14); and 2. Based upon the written testimony of Towusley Schwab, Sr. Director of Planning & Environmental Resources. the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant Allocation Rankings in the Big Pine/No Name Key subarea for Market Rate Dwelling Units to applicants ranked one (1) through two (2); and Resolution P55-09 Page 1 of 3 m 3. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission, hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant Allocation Rankings in the Upper Keys subarea for Market Rate Dwelling Units to applicants ranked one (1) through six (b) and ranked eleven (11); and 4. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission, hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to hold Upper Keys Marie Rate Dwelling Units allocations in abeyance for applicants ranked seven (7) though ten (10) and ranked twelve (121 since the properties do not have tier designations at this time. Once tier designations are finalized, staff will bring the allocations back to the Planning Commission for recommendation of either a sufficient ranking or insufficient ranking for an allocation award for these or other applicants, and 5. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the r+ecammendatioa by the Sr. Director of Planning & Environmental Resources to grant Allocation Rankings in the Upper Keys (Administrative Relief) subarea for Market Rate Dwelling Units to applicants ranked one (1) and three (3); and b. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission, hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to hold Upper Keys (Administrative Relief) allocation in abeyance for applicant ranked two (2), since the property does not have a tier designation at this time. Once the tier designation is finalized. staff will bring the allocation back to the Planning Commission for a recommendation of either a sufficient ranking or insufficient ranking for an allocation award. 7. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant zero (0) Allocation Rankings for the Lower and Upper Keys subarea in the very low, low, & median income category for Affordable Housing Dwelling Units; and 8. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant zero (0) Allocation Rankings for the Lower and Upper Keys subarea in the moderate income category for Affordable Housing Dwelling Units; and 9. Based upon the written testimony of Townsiey Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the 0 Resolution P55-09 Page ? of 3 m recommendation by the Sr. Director of Planning & Environmental Resources to grant zero (0) Allocation Rankings for the Big Pine/No Name Keys subarea in the very low, low, & median income category for Affordable Housing, Dwelling Units; and 10. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant zero (0) Allocation Rankings for the Big Pin dNo Nacre Keys subarea in the moderate income category for Affordable Housing Dwelling Units; and NOW THEREFORE BE IT RESOLVED BY PLANNING COMNIISMION OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of Law, support the decision to APPROVE the Residential Dwelling Unfit Allocation Rankings for Quarter 1 Year 18 and holding allocations in abeyance to Upper Keys Market rate Applicants ranked seven (7) though ten (10) and ranked twelve (12). and to Upper Keys Administrative Relief Applicant ranked two (2) as submitted by the Sr. Director of Planning & Environmental Resources. PASSED AND ADOPTED by the Planning Commission of Monroe County, fxlorida, at a regular mating held on the 15th day of December 2009. Market Rate Lower (Lwvmdo Keys Big PineJNo Name Keys Upper Keys Upper (A1 tteud) Keys 1f Chairman Wall subga subarea wh Commissioner Werling Commissioner Hale y� JCS Commissioner Cameron yM yg$ Commissioner Lustberg yes, Affordable Housing Lower (Lwdma & Upper Keys Big Pine/No Name Keys Chairman Walt jubarea Rib Commissioner werang y� Commissioner Hale yg$ Commission Cameron Y� Commissioner Lustberg yeg yew Signed this 15th day of December 2009 Re►olunioo P55-09 Page 3 of 3 By, Monroe 1, Chairman - APP.^.OVt3D TO TY3RM AK I �ivA . ��/ r toInsy a Ulilcc •� M�� rA a ** Ali 28#9 asmaarm 0!!Uvv 4 Nugget a 6:389:4 a :S��r�paryr fill M 910820Ba�nx��ggfas���e�?�Bil�a��a�aY�mas�aadaae" aaaaaaaaaaaaaaa1a1kill aaaaa1aaaaaiaaa11 M IJ1t taaaaaaatr����aarrrrrraattttaataataitataa�!tat a ,fddf1,fd111tr11m1111#FFFIR 11111111iffil ill Pfy. it AA � y VO:y ►MM.rtlVtlrMY�►OOOGS�YIjtly�M R d S a Ina Sys..-f y H tl i �Y Now---- -1111111111110 ffffffffff�ffffffffffffffffffffffffffffffffff r- r y N N y M M M r r r r r r r r r r r r r y y y y y y N M M M M N N N M M M y y y M M sesgggsesaepoaso000assOegggggee8ggggiSg�$sa$lig$Ij tl tl tl O O tl tl tl O 4 tl 4 4 4 0 0 0 4 p tl O O O tl O 0 O O O 4 0 O O 0 0 0 0 tl tl O O O tl tl O O 4 0 0 0 O tl O tl tl tl tl O O O O O O 0 4 0 0 O O O O O tl tl 0 4 4 tl 4 0 0 0 0 4 O O tl tl tl O eeressssstltl000OOOOaseeseespppoOooaaaOsenespptl 0000OooOpeOeesstlsp00000aaeetlstlpessstlootloOOpes O aOOesOsepepepoOooae�aessppssoa0000paooOesssp OOOOppOsseeppep000aaOaseepppseooaooOOOaassspp o spooeoaaOOoesssstlooe0000aeaeetletltletl0000O�Oee ps►♦44440000000 Mae a p p ptl pp OOO a 0000000 pop loop Op M M► y y y y M O O a a a a' a tl'''''' r r M y y y y y y M ... V Y Y a a a a► tl I �ji�S1 y�$ ! • r Y h' YYYtltltltltlOOSSS�S�SSSSSSS.r..r.S1�SMl�fNl�SrilGSnGYY+LLLL" it if 0 I Is If f, It ig its 4 lit 6 i It 0 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION APPROVING AND HOLDING SOME ALLOCATIONS IN ABEYANCE FOR THE RESIDENTIAL DWELLING UNIT ALLOCATION QUARTER BEGINNING OCTOBER 13. 2009, AND ENDING JANUARY 12, 2010, ALL OTHER APPLICANTS ROLLOVER TO THE NEXT REGULAR QUARTERLY EVALUATION PURSUANT TO SECTION 138-26 , OF THE MONROE COUNTY CODE WHEREAS, the Sr. Director of Planning & Environmental Resources submitted to the Planning Commission a Residential Dwelling Unit Allocation Evaluation Report, dated March 1, 2010, pursuant to the procedures outlined in Monroe County Code, Amended, Section 138-26; and WHEREAS, the Monroe County Planning Commission during a regular public meeting held on March 10. 2010, conducted a public hearing to review, discuss, and make formal motions regarding the Dwelling Unit Allocation Ranking Report; and WHEREAS, the Planning Commiss ion was presented with the following evidence: - Bill %W 1. The memorandum entitled Residential Dwelling Unit Evaluation Report, Quarter 2 of Year 18. from Townley Schwab, Sr. Director of Planning & Environmental Resources, to the Monroe County Planning Commission, dated March 1, 2010. and which report's findings of fact and conclusions of law this Commission adopts by reference, as its own; and 2. The sworn testimony by the Monroe County Growth Management Division staff; and comments of John Wolfe, Esquire; and WHEREAS, the Planning Commission makes the following Findings of Fact: 1. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant Allocation Rankings in the Lower (Lower/Middle) Keys subarea for Market Rate Dwelling Units to applicants ranked one (1) through ten (10) and thirteen (13) though fourteen (14); and 2. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources. the Planning Commission, hereby approves the recommendation by the Sr. Director of Planning & Environmental Resource.~ to hold fhw Lower (Lower/Middle) Keys Market Rate Dwelling Units allocation in abeyance for �s Re%olution PO4-10 Page 1 of 3 in 0 k k applicants ranked eleven (11) through twelve (12), since the properties do not have tier designations at this time. Once tier designations are finalized, staff will bring the allocations buck to the Planning Commission for recommendation of either a sufficient ranking or insufficient ranking for an allocation award for these or other applicants; and 3. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant Allocation Rankings in the Big Pine/No Name Key subarea for Market Rate Dwelling Units to applicants ranked one (1) through two (2); and 4. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission, hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant Allocation Rankings in the Upper Keys subarea for Market Rate Dwelling Units to applicants ranked four (4) and six (6) through nine (9); and S. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission, hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to hold Upper Keys Market Rate Dwelling Units allocations in abeyance for applicants ranked one (1) through three (3), five (S), and ranked twelve (12) through thirteen (13), since the properties do not have tier designations at this time. Once tier designations are finalized, staff will bring the allocations back to the Planning Commission for recommendation of either a sufficlent ranking or insufficient ranking for an allocation award for these or other applicants; and 6. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant Allocation Rankings in the Upper Keys (Administrative Relief) subarea for Market Rate Dwelling Units to applicants ranked one (1) through two (2); and 7. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planting Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant zero (0) Allocation Rankings for the Lower and Upper Keys subarea in the very low, low, & median income category for Affordable Housing Dwelling Units; and 8. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant zero (0) Allocation Rankings for the Lower and Upper Keys subarea in the moderate income category for Affordable Housing Dwelling Units; and Rewlurion PO4-10 Page 2 of 3 9. Bawd upon the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant zero (0) Allocation Rankings for the Big Pine/No Name Keys subarea in the very low, low, & median income category for Affordable Housing Dwelling Units; and 10. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr, Director of Planning & Environmental Resources to grant zero (0) Allocation Rankings for the Big Pine/No Name Keys subarea in the moderate income category for Affordable Housing Dwelling Units; and NOW THEREFORE BE IT RESOLVED BY PLANNING COMMISSION OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of Law, support the decision to APPROVE the Residential Dwelling Unit Allocation Rankings for Quarter 2 Year 18 and holding allocations in abeyance to Lower (Lower/Middle) Keys Market rate Applicants ranked one (1) through ten (10) and thirteen (13) though fourteen (14), and to Upper Keys Market rate Applicants ranked one (1) through three (3), five (3), and ranked twelve (12) through thirteen (13)as submitted by the Sr. Director of Planning & Environmental Resources. PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a regular meeting held on the 10th day of March 2010. Lower (Lwemcu) Keys Chairman Wall Commissioner Werling Akm Commissioner Halt Commissioner Cameron yew Commissioner Lustberg M Chairman Wall Commissioner Werling Commissioner Hale Commission Cameron �'CSnliii �Lrrstber�-.-- Arj[-;:carr W Irii*l:.i Y_ ..... — Market Rate Big Pine/No Name Keys j ya absent XQ YS1 Yt$ Upper Keys Upper (Adm. P-wo Keys subam subarea yes JCS Absent Y.Sfii X�, Affordable Housing Lower mw mcv) & Upper Keys Big Pine/No Naive Keys P*Uh= subarea ya ya sn YS1 Xgg Y2.1 yes ye yra By . ". - t)ed this 409Wa3� of A uLh 2010 Resolution PO4-10 Page 3 of 3 Planning Commission of Monroe County, Florida , Randy WIN. Chairman ON, IN +�-sass-+s�adNee"a ��i����so3s�swis��rse;r��eaae�s�sw+ gPIlea arrrarrrrrrrrrrrrr�������������rrrrrrasrrrsrrr lift aka++++ a w +as+ `/ i FSASSA a w y sb4aa +++MNNNNN pMNNNNNNN+++++++++++++MNNNNMpMMNMpNlM e ooa$S$a$$goeSe$o$00000000000000a o+$oo 0++0oo800gS e oe0000000e00000000�o��'S '$o'S 'S 'a 00000000000eoeeee e e ee e e ee e e e e e e oe ! e e e p e ee e e e e e e e e ee o 000 0 0 o e o 0 00 leeeeeeeloeeeoeeeeeoeoeoeoe0000000000000e00000 O O W 0 0 0 00 0 0 0 0 0 0 0 00 0 0 0 0 0 00 O 000 O 00 0 0 0! O 000 W 0 0 0 0 0 0 0 0 0 00 0 0 0 0 00 O 00 0 0 0 0 0 0 0 0 00 O 000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 e eeeeeeeeeeoeeeeeeeoeeeoeeeoeoe000v00000000000 e eeeeeeeeoeoeoe00000000000000000000000000000eo e p e eeo e o e o e o e o e o 0 0 0 0 0 0 0 oe o!! o 0 0 0 0 0 0 0 0 0 0! o00 00 0 }}}}}}0000000000000000000000000eeeeeeyeeeeee o oeoeeoe����oeoeeeS$S$$$$$$Q$$r,ee00000000000��i W W!!!!!�Oi�MN�MNNI�N�3MMNR���MMN ��GNM�NMNaaaaEip �i z H ap rg. If• E* a I ON R RESOL ION P 0-10 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION APPROVING THE YEAR 18 QUARTER 3, (JANUARY 13, 2010-APRIL 12, 2010) RESIDENTIAL DWELLING UNIT MARKET RATE ALLOCATIONS FOR THE LOWER KEYS SUB -AREA BIG PINE AND NO NAME KEyS AND FOR AFFORDABLE HOUSING; HOLDING SOME ALLOCATIONS IN ABEYANCE PENDING TIER DESIGNATIONS; CONTINUING THE UPPER KEYS MARKET RATE ALLOCATIONS UNTIL JUNE 23, 2010. WHEREAS, the Sr. Director of Planning & Environmental Resources submitted to the Planning Commission a Residential Dwelling Unit Allocation Evaluation R June 2, 2010, pursuant to the procedures outlined in Monroe County Ceport, dated Report, Amended, Section 138-26; and WHEREAS, the Monroe County Planning Commission during a regular public meeting held on June 9, 2010, conducted a public hearing to review, discuss, and make formal motions regarding the Dwelling Unit Allocation Ranking Report; and WHEREAS, the Planning Commission was presented with the following evidence: 1. The memorandum entitled Residential Dwelling Unit Evaluation Report, Quarter 3 of Year 18, from Townley Schwab, Sr. Director of planning onm Resources, to the Monroe County Planning Commission, dated 2, 2010; and ental 2. The sworn testimony by the Monroe County Growth Management Division staff, and comments of John Wolfe, Esquire; and WHEREAS, the Planning Commission makes the following Findings of Fact: I. Based upon the written testimony of Townsley Schwab, Sr. Director of planning & Environmental Resources, the Planning Commission hereby recommendation by the Sr. Director of Planning & Environmental Resources to grant Allocation Rankings in the Lower (Lower/Middle Keys Dwelling Units to applicants ranked one (1), two (), five (),bthea fi) Mar t Rate nine (9) through thirteen (13); and () and 2. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission, hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to hold Lower (Lower/Middle) Keys Market Rate Dwelling Units allocations in abeyance for applicants ranked three (3), four (4), and eight (8), since the properties do not have tier Resolution P10-10 Page 1 of 0 .Al " designations at this time, Once tier designations are finalized, staff will bring the allocations back to the Planning Commission for recommendation of either a sufficient ranking or insufficient ranking for an allocation award for these or other applicants; and 3. Based upon the written testimony of TownsIey Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant Allocation Rankings in the Lower Keys (Administrative Relief) subarea for Market Rate Dwelling Units to applicant ranked one (1); and 4. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the PIanning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant Allocation Rankings in the Big PineJNo Name Key subarea for Market Rate Dwelling Units to applicants ranked one (1) through two (2); and 5. Based upon the testimony of staff concerning inconsistencies and inaccurate information regarding the availability of central wastewater treatment system availability in the Upper Keys subarea, the Planning Commission, hereby approves the continuance of the Upper Keys subarea market rate applications to June 23, 2010; and 5. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of PIanning & Environmental Resources to grant zero (0) Allocation Rankings for the Lower and Upper Keys subarea in the very low, low, & median income category for Affordable Housing Dwelling Units; and 7. Based upon the written testimony of Townsley Schwab, Sr. Director of PIanning & Environmental Resources, the PIanning Commission hereby approves the recommendation by the Sr. Director of PIanning & Environmental Resources to grant zero (0) Allocation Rankings for the Lower and Upper Keys subarea in the moderate income category for Affordable Housing Dwelling Units; and 8. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the PIanning Commission hereby approves the recommendation by the Sr. Director of PIanning & Environmental Resources to grant zero (0) AlIocation Rankings for the Big Pine/No Name Keys subarea in the very low, Iow, & median income category for Affordable Housing Dwelling Units; and 9. Based upon the written testimony of TownsIey Schwab, Sr. Director of PIanning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of PIanning & Environmental Resources to grant zero (0) Allocation Rankings for the Big Pine/No Name Keys subarea in the moderate income category for Affordable Housing Dwelling Units; and Resolution P 10-10 Page 2 of 3 N NOW THEREFORE BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of Law, support the decision to APPROVE the Residential Dwelling Unit Allocation Rankings for Quarter 3 year 18 and holding allocations in abeyance for Lower (Lower/Middle) Keys Market rate Applicants ranked three (3), four (4), and eight (8), and continuing the public hearing for the Upper Keys Market Rate Applications to June 23, 2010 at 10:00 am as shown on EXHIBIT 'A' attached. PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a regular meeting held on the 9th day of June 2010. Market Rate Lower (L--w F) Keys subarea Chairman Wall y� Commissioner Werling yew Commissioner Hale y� Commissioner Cameron y� Commissioner Lustberg Lower (Ad= Rd;4 Keys Big Pinemo Name Keys MOM subarea Yes yA ya ya ya ya yes ya ya ya Affordable Housing (Lwvmdi Lower ) & Upper Keys Big Pi=Wo Name Keys Chairman Wall bares sub#rM Commissioner Werling ves y� YM Commissioner Hale 3M Commission Cameron ya MSy� Commissioner Lustberg YM YM YM Planning Commission of Monroe County, Floril f ByAI Signed this 9th day of June 2010 Randy Chairm Continue Upper Keys su area ya Yes- 3M 3M 3M n r APPROVED AS TO FORM AND LErl, 5 q IFNgy 'o, —le —T ' 1 ;t , iy'f Orf3ca Resolution P10-10 Page 3 of 8 i �d �a��s���g$s�g�a�sgaaaaaaaaaaaaa�8�asgg8aaaaaae � rS rw �iZ r�Y$rla�r�Cil�IQlOE �i �j �f8Y�V�4S�ZPlr r�4lrS rR r�{y��g9�,yS [��(y��=lj y�y�lE� r: V Aq� r Nf4 W a rY}�'rN�r Vr_ N W w wNiOY� R y /,� Mp r�grOW�NOrA_r [' fill call---- iy a _gr_ ]zY3V no pupil! ------ ---_-__ N N N N N N p p p N N N N N Y dOddaaaaasaaaaaoca0oococco0cocc asaaaaaaasaaaa�t � 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 aa0000?o7aood000000000000000 z6g 00000000000000000000000o0oo0oo0o00o0oo0oo0o000 i9 0 it O o o O o o O o o 0 o g 0 o 0 o o 0 o o 0 o 0 O o O o o O o o O o o 0 o 0 o o O o o 0 p o o ¢ 0 W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Y o qq 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Y� 000000000000000000000o P( N Aa 0000000000000000000000000000000000000000000000 N rj 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o o a r 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 w 010O&AllwoO000000oo0o0o0oo0oo0o00o00o0oo00o00o flti„� r c 0 O_ C N N m............. �7it �000000oo�}F�ooOoowaw�w''oswi�aawoo0oo0aooa00oo} S ji N !! GIB 0 m Any person who wishes to be heard shall provide the Clerk with his or her name and residence and the agenda item on which he or she wishes to be heard. Such information shall be on a card provided by the County. Once public input begins, there will be no finther speaker cards allowed to be submitted to the Clerk for that subject. An individual has three minutes and a person representing an organization has live minutes to address the Board (except that individuals wishing to speak during public hearings pertaining to land use issues will have five minutes). The first person representing the organization will be allowed the five minutes. Subsequently, all other speakers on behalf of that organization have three minutes to address the Board. Once an individual has addressed the Board, he or she will not be permitted to return to the podium for follow-up comments, unless the issue involved is quasi judicial in nature. In that case, the applicant may return to the podium to conclude his or her position at the end of the public hearing. A ASSISTANCE. If you are a person wfth a disability who needs special accomniodedons in order topardeipate in skis proceeding, please contact Ike County A is or's Office, by phoning (305) 292-4441, between the hours of 8:30 a.nL - 5r00 p.nL, no later than ten 00) calendar da ys prior to Ike scheduled meeting, if you are hearing or voice hapaired, cal! '711 " Please note that all time approximate items are fisted in bold. Wednesday, July 21, 2010 The Harvey Government Center at Historic Truman School 1200 Truman Avenue Key West, Florida 9:OOA.M. - Regular Meeting 9:15 A.M - Land Authority Governing Board 9:30 A.M. - Fire & Ambulance District 1 Board of Governors 3:00 P.M. - Public Hearings 6:00 P.M. - Public Hearings TAAE APPR(&C1TiATE REGULAR MEETING :00 A.M. CALLTO ORDER INVOCATION SALUTE TO FLAG A. ADDITIONS, CORRECTIONS, DELETIONS B. PRESENTATION OF AWARDS 1. Presentation of Years of Service Award for 30 years of service to Monroe County to Lisa Druckemiller, Senior Administrator, Technical Services Department. VIEW 2. Presentation of Years of Service Award for 30 years of service to Monroe County to Fred Gartenmayer, Plumbing Foreman, Facilities Maintenance, Public Works Division. VIEW 3. Presentation of Years of Service Award for 20 years of service to Valerie Moore, Business Manager, Monroe County Library. VIEW 4. Presentation of Years of Service Award for 10 years of service to Monroe County to Terry Thompson, Sr. Landscaper, Higgs Beach, Facilities Maintenance, Public Works Division. VIEW 5. Presentation of Employee Service Award for the month of April 2010 to Brian Bradley, Coordinator, County Attorney's Office. VIEW 6. Presentation of Government Finance Officers Association (GFOA) award to Monroe County's Office of Management and Budget. VIEW 7. Presentation of Mayor's Proclamation celebrating the week of July 15-24, 2010 as Probation, Parole, and Community Supervision Week in Monroe County. VIEW S. Presentation of Mayor's Proclamation declaring August 14ti', 2010 as International Taoist Tai Chi Awareness Day in Monroe County, VIEW 9. Presentation of Mayor's Proclamation declaring November 1st to 7'', 2010 as EcoWeek in Monroe County and the Florida Keys. VIEW 10. Presentation of "Outstanding Intern" award to Spenser Budde. VIEW C. BULK APPROVALS — COMMISSIONER WIGINGTON 1. Approval for Monroe County Bayshore Manor to re -enroll in a Provider Agreement for participation in the TitleXlX Institutional Florida Medicaid Program VIEW 2. Approval of Modification #001 to the Weatherization Assistance Program, American Recovery and Reinvestment Act Sub -grant Agreement (ARRA WAP), Contract #IOWX-7X-11-54-01-719 between Monroe County Board of County Commissioners (Community Services/Social Services) and the State of Florida, Department of Community Affairs. VIEW C. BULK APPROVALS — CONTINUED 3. Approval of Amendment 007 to the Community Care for the Elderly (CCE) Contract KC-971 between the Alliance for Aging, Inc. (Area Agency on Aging) and the Monroe County Board of Commissioners (Social Services/In-Home Services) for fiscal year 7/l/09 to 6/30/10. VIEW 4. Approval of receipt of monthly report on change orders reviewed by the County Administrator's Office. VIEW 5. Approval of updated Business Associates Agreement with Horizon Health EAP Services. VIEW 6. Approval of updated Business Associates Agreement with Wells Fargo. VIEW 7. Approval to renew the Airport Liability Insurance with Ace Property Casualty Insurance Company through Arthur J. Gallagher. VIEW 8. Approval of a revision to Health Insurance Plan Document. VIEW 9. Approval to send a letter of interest to the City of Lantana in support of their application for the Environmental Protection Agency for the Climate Showcase Communities Grant. VIEW 10. Approval to spend District 1, District 3 and District 4 Fire and Ambulance Impact Fees to install 23 fire hydrants at strategic locations in the areas of unincorporated Monroe County and issue a Purchase Order to J.A. LaRocco Enterprises, Inc. for the same. VIEW 11. Approval by the Board, acting as Plan Administrator of the Length of Service Award Plan (LOSAP) to begin 10-year disbursement of funds to one eligible participant, with a monthly benefit of $180.00 commencing August 1, 2010. VIEW 12. Approval of a resolution authorizing transfer of use and possession a Ford Explorer owned by the Upper Keys Health Care Taxing District upon payment of fair market value in the amount of $12,375.00 by Monroe County Fire and Ambulance District 1; and authorization for the Division Director, Monroe County Emergency Services/Fire Rescue to execute all necessary paperwork, including but not limited to, the Monroe County Fixed Asset Transfer Form. VIEW 13. Approval of various resolutions for the transfer of funds and resolutions for the receipt of unanticipated revenue. VIEW 14. Approval of a resolution authorizing the submission of grant application to the Florida Department of Law Enforcement for the Edward Byrne Memorial Justice Assistance FY 2011 Grant (JAG) program based upon the recommendations of the Substance Abuse Policy Advisory Board and authorization for the County to execute application. VIEW Q C. BULK APPROVALS — CONTINUED 15. Authorization for the Mayor to execute the Edward Byme Memorial Justice Assistance funding distribution letterwith the Department of Law Enforcement for fiscal year 2011 (Oct, 1, 2010 through Sept. 30, 2011), whereby Monroe County agrees to the distribution of JAG program funds in the County. VIEW 16. Ratification of approval/acceptance of Florida Department of Transportation grant for an additional $250,000.00 for Planning Studies for the Key West and Marathon Airports. VIEW 17. Approval to fund one half of the expense (not to exceed $5,000.00) for a bust of George Faraldo, to be placed in the New Terminal Building. VIEW 18. Approval of a lease for rental space with Keren Adlen and Dani Tobaly, dba JET LAG ACCESSORIES, LLC., for rental space at the Key West International Airport. VIEW 19. Approval to award bid and execute a contract with Jayne's Cleaning Service for janitorial services at the Key West International Airport, and approval for Jayne's Cleaning Service to commence services beginning August 1, 2010. VIEW 20. Approval to pay an invoice for Emergency Roof Repairs at the Key West International Airport from Pearson Framing Contractors, Inc., required due to the replacement of an air conditioning unit located above the ground -level Conch Flyer Restaurant. VIEW 21. Approval of Amendment to Agreement with Stand Up for Animals, Inc. (SUFA) to operate the Big Pine Key and Marathon Animal Shelters for an additional ninety (90) days. V1EW 22. Approval of Task Order PW-MAC-001 with MACTEC Engineering and Consulting, Inc. for providing facility asset management products and services to assist Public Works with implementation of an engineering -based, IT -enable facility management program. V I E W 23. Approval to reject bids and re -advertise for Shade Structures for Lower Keys Parks. VIEW 24. Approval to reject bids and re -advertise for Park Irrigation Systems for three Lower Keys parks as follows: Bay Point, Big Pine Community, and Bernstein. VIEW 25. Approval to reject bids and re -advertise for Playground Equipment for Lower Keys Parks. VIEW 26. Approval to exercise the second renewal option of the contract with U. S. Water Services Corporation for operation and maintenance of the wastewater treatment plant at the Marathon Government Center. VIEW 27. Approval of a Lease Agreement with Early Learning Coalition of Miami-Dade/Monroe to provide office space at the Gato Building, 1100 Simonton Street, Key West, FL. V I E W 13 C. BULK APPROVALS - CONTINUED 28. Approval of a Lease Agreement with the State of Florida Department of Health, Monroe County Health Department, to provide continued office space at the Gato Building, 1100 Simonton Street, Key West, FL. VIEW 29. Approval of a Lease Agreement with the State of Florida Department of Health, Monroe County Health Department, to provide continued office space at the Murray E. Nelson Government and Cultural Center, 102050 Overseas Highway, Key Largo, FL. VIEW 30. Approval to award bid and execute a contract with Hammerhead Termite Control for fumigation services of the Monroe County Courthouse, Key West, Florida VIEW 31. Approval to award bid and execute a contract with DebonAir Mechanical, Inc. for central air conditioning maintenance and repair for County facilities in the lower keys. VIEW 32. Approval to amend agreement with Weathertrol Maintenance Corp. for central air conditioning maintenance and repair for Lower Keys facilities. VIEW 33. Approval to award bid and execute contract for unleaded gasoline and diesel fuel to the second lowest bidder Dion Oil Company, LLC. VIEW 34. Approval of a resolution to adopt tentative residential solid waste collection, disposal, and recycling rates for Fiscal Year 2010/11. VIEW 35. Approval of a resolution to adopt tentative solid waste collection, disposal, and recycling rates for commercial waste generators for Fiscal Year2010/11. VIEW 36. Approval to purchase from AT&T Quote # 321270739 -Schedule for the Purchase of Equipment and/or Services" for telephone equipment and services to upgrade the telephone switching systems in the Marathon Government Center and the Plantation Key Courthouse to a highly available core switch and to upgrade equipment for ether smaller sites in Marathon. VIEW D. TOURIST DEVELOPMENT COUNCIL 1. Approval of an Agreement with Monroe Council of the Arts Corporation, d/b/a Florida Keys Council of the Arts to provide funding to supplement costs of tourist related programs. VIEW 2. Approval to utilize $500,000 TDC Emergency Contingency Funds to address the impacts of BP oil spill. VIEW 3. Approval to revise TDC Operations Manual "Acceptable Event Marketing Expense" Policy. V 1 E W 4. Approval of the 2010/2011 Monroe County Tourist Development Council Marketing Plan. VIEW D. TOURIST DEVELOPMENT COUNCIL - CONTINUED 5. Approval of an Amendment to Agreement to revise Exhibit A with Key West Players, Inc. covering the Stage Repair and Rigging Renovation at the Waterfront Playhouse in an amount not to exceed $25,000, DAC 1, FY 2010 Capital Resources. VIEW 6. Approval of an amendment to Agreement with Upper Keys Business Group, Inc. to revise date of event to April 23-June 12, 2010 for the Key Largo Conch Republic Days event. VIEW E. STAFF REPORTS 1. AIRPORTS 2. BUDGET & FINANCE 3. EMERGENCY SERVICES 4. EMPLOYEE SERVICES 5. PROJECT MANAGEMENT 6. GROWTH MANAGEMENT 7. PUBLIC WORKS 8. TECHNICAL SERVICES uyl Wti 9.15 A.M. F. LAND AUTHORITY GOVERNING BOARD 1. Approval of the minutes for the meetings held on June 16, 2010 and June 29, 2010. VIEW 2. Approval to purchase property for conservation. a) Block 3, Lots 4 and 8, Paradise Point, Key Largo VIEW b) Block 5, Lots 1 and 2, Bowens Addition to Riviera Village, Key Largo VIEW c) Big Pine Key Acreage (RE 11 1 ) VIEW d) Block 4, Lot 7, Cutthroat Harbor Estates, Cudloe Key VIEW 3. Approval of a resolution authorizing the issuance of two mortgage loans to The Housing Authority of the City of Key West to finance the purchase of 712-716 Eisenhower Drive and 703-705 Pearl Street in Key West as an affordable housing site. VIEW 4. Approval of a resolution concerning the transfer of funds. VIEW 5. Approval of a resolution authorizing the issuance of two mortgage loans to The Housing Authority of the City of Key West to finance the purchase of 1911-1913 Patterson Avenue in Key West as an affordable housing site. VIEW 6. Approval of a resolution concerning the transfer of funds. VIEW G 9:30 A.M. G. FIRE & AMBULANCE DISTRICT 1 BOARD OF GOVERNORS 1. Report 2. Approval to spend Ad Valorem taxes to install 7 fire hydrants at strategic locations in the areas of unincorporated Monroe County and issue a Purchase Order to J.A. LaRocco Enterprises, Inc for the same. VIEW 3. A Resolution of the Board of Governors, Fire and Ambulance District 1 of Monroe County, Florida authorizing payment of $12,375.00 to the Upper Keys Health Care Taxing District in return for use and possession of a Ford Explorer, County ID 1419-5655; and authorization for the Division Director, Monroe County Emergency Services/Fire Rescue to execute all necessary paperwork, including but not limited to, the Monroe County Fixed Asset Transfer Form. VIEW 10:30 A.M. H. PROJECT MANAGEMENT 1. Presentation from William P. Horn, Architect P.A. on the status and design of the Higgs Beach Park Master Plan. VIEW J. DIVISION OF GROWTH MANAGEMENT — BULK APPROVALS 1. Approval of a resolution setting the date, time and place for a public hearing of a proposed abandonment of a portion of State Road 905/County Road 905, Harbor Course Subdivision Section 1, Ocean Reef Plat 13, North Key Largo, VIEW 2. Approval of a resolution setting the date, time and place for a public hearing of a proposed abandonment of a portion of Cabrera Street, South Creek Village Subdivision, Key Largo. VIEW 3. Approval of a request for the full refund of $1,778.00 for the road abandonment petition fee for F. Albert Zamacona, 27285 Mariposa Road, Ramrod Key (File No. 28097). VIEW 4. Approval of a partial release of Lease No. 4549, a land management lease between Monroe County and the Board of Trustees of the Internal Improvement Fund ofAw State of Florida -(HOT). VIEW 5. Approval of Commencement Date Agreement as part of the lease between Monroe County and Habitat for Humanity of the Middle Keys community Land Trust, Inc. for property located at 1007 75`h Street in Marathon (RE#00343090-000000). VIEW I 0 2:45 P.M K. DIVISION OF GROWTH MANAGEMENT I. An appeal of the ROGO Allocation rankings of the Monroe County Planning Commission for applications #07100486, r #07100479, #07100485 and #07100483 in Planning Commission ti WNS Resolution 04-10 dated March 10, 2010 and approval of a resolution approving the ROGO 'ngs and DENYING the t f appeal by the appellant, John K. Akins. VIEW 10:45 A.M. L. TAX COLLECTOR 1. Approval of the recap of the 2009 tax roll and the list of errors and insolvencies for the 2009 tax roll, and approval to extend the 2010 tax roll is extended and the bffb be mailed prior to completion of Value Adjustment Board Hearings. VIE 1:30 P.M. M. WASTEWATER ISSUES 1. Wastewater Status Report. VIEW 2. Approval of third Amendment to the 6/21106 Interlocal agreement (ILA) with FKAA revising the County Funding portion to S37,000,0W and immediately appropriating those funds which have been duly approved for the estimated costs of administration, planning and construction of the Big Coppitt Regional Wastewater Project. VIEW 2:00 P.M. N. SOUNDING BOARD 1. Request to speak to the Board of County Commissioners in regards to — the end of the pilot program in November, the proposed revitalization of Monroe County's image, and pathways towards local policies that are more conducive to Keys homeowners — John November. VIEW O. COMMISSIONERS' ITEMS 1. MAYOR MURPHY - Approval to advertise a reconsideration of an Administrative Relief for Triple J Investments Inc. on Lot 23, Block 3, Ocean Park Village, Key Largo, Real Estate Number 00446010.000000. VIEW 2. COMMISSIONER CARRUTHERS - Approval to reappoint Steve Torrence to the Monroe County Human Services Advisory Board. VIEW 9 O. COMMISSIONERS' ITEMS - CONTINUED 3. COMMISSIONER CARRUTHERS - Discussion by the Board of County Commissioners regarding the tolling of USI as an alternative funding source for County infrastructure projects, including as a possible alternative for meeting our wastewater mandate. VIEW 4. COMMISSIONER WIGINGTON - Approval of appointment of Dr. Lesley Salinero to the Human Services Advisory Board Working Group. VIEW 5. C-OMMISSIONER WIGINGTON - Approval of reappointment of Alexsandra Leto to Human Services Advisory Board. VIEW 2.30 P.M. 6. COMMISSIONER DIGE ARO - Discussion of proposed amendment to Monroe County Land Development Code and/or Comprehensive Plan to add additional protection to established height limit by requiring a voter referendum prior to seeking an amendment to allow an increase in height, and direction to legal staff to research the constitutionality and enforceability of a referendum requirement. VIEW 7. COMfISSIONLER DI ENNARO - Approval to appoint Josh Mothner to the Human Services Advisory Board (HSAB) Working Committee. VIEW P. COUNTY CLERK I. Report 2. Official approval of the BOCC minutes from the Special BOCC meeting held on May 11, 20I0 and Regular meeting held on May 19, 20I0 (previously distributed). 3. Approval of Warrants. VIEW 4. Approval of Tourist Development Council Expenditures for the month of June, 20 10. VIEW 5. Approval to remove surplus equipment from inventory via disposal or advertise forbid. V I E W Q. COUNTY ADMINISTRATOR I . Report VIEW 2. Approval of Professional Services Agreement between Floridian Partners, LLC under the Exception to the competitive bidding process as set out in Chapter 4B of County Purchasing Policy for consulting services, including lobbying, for a one-year term retroactive to July 19, 20I0 through July 18, 2011. VIEW 3. Approval of a resolution requesting that the Navy utilize the F-I4 Aircraft Operation - in affect prior to the F-18 Super Hornet - as the baseline for the upcoming Environmental Impact Statement. VIEW 9 R. COUNTY ATTORNEY 1. Report 2. Approval to issue a PO for 60 month lease with Xerox for a W5665PT Copier and a Xerox MFP8560DI Multifunction Color Phasser to replace the Xerox WCP3545. VIEW 3. Approval of an assignment to Islamorada, Village of Islands of lease for area known as Anne's Beach. VIEW 4. Approval of Estoppel Certificate regarding the Ground Lease between Monroe County and Overseas Redevelopment Company, LLC and the Revised Sub -Lease Agreement between Overseas Redevelopment Company, LLC and Flagler Village Limited Partnership, Ltd. and Monroe County, FL for an affordable housing project. VIEW 5. Request by Property Owner Rebecca Newman for further reduction of fines in Code Enforcement Case CE09080129. Fines Total $42,700.00. Costs Total $325.74. VIEW 6. Request for approval to advertise a Public Hearing to consider adoption of an ordinance amending Monroe County Code, Section 4-46 to provide clarification to allow citations to be issued to persons other than owner(s) or keeper(s) of animals. VIEW 3:00 P.M. S. PUBLIC HEARINGS 1. A Public Hearing to consider approval of a resolution for a Budget Amendment of Fiscal Year 2010 Affordable Housing Program Fund 100. VIEW 2. A public hearing to consider adoption of an Ordinance amending Sec. 23-76, MCC, adding specific language regarding "mobile business first time" for clarification. VIEW 3. A public hearing to consider adoption of a County Ordinance to amend sections of Chapters 19 and 25 of the Monroe County Code to clarify prohibited uses of County rights -of -way and provide limitations on appeals processes, additional enforcement measures, penalties and increased fees for permits. VIEW 4. A public hearing providing for the repeal of Ordinance No. 011-2010 regarding registration of lobbyists. VIEW E 1 iR PU9LIC HEARINGS Approval1a resolution ,:transmit 1:. ,Florida Department I Community Affairs an amendment ''.I Policy I I i Monroe County 0Comprehensive 1Future Land Use ElementIextend 1..' moratorium I new transientresidential units1'December 2. Approval Ia resolution totransmit to the FloridaDepartment 1 Community 1amendment I the Monroe 1 County Year 2010 Comprehensive Plan, creating Goal lI Objectiveand Policy that establishesfArea Policy : C 'J for = I d. VIEW 3. ApprovalIa resolution totransmit E: the Florida of Community Iamendment 1 the Monroe County 2010 Comprehensive Plan Future Land Use Map amending the designation 1[ l Undesignated 1':Mixed UseCommercial for Wisteria Island. LIB Im WEDNESDAY, JULY 219 2010 ADD-ONS Page 5 C36 TECHNICAL SERVICES - Approval to purchase from AT&T Quote # 321270739 "Schedule for the Purchase of Equipment and/or Services" for telephone equipment and services to upgrade the telephone switching systems in the Marathon Government Center and the Plantation Key Courthouse to a highly available core switch and to upgrade equipment for other smaller sites in Marathon. Page 9 Q4 COUNTY ADMINISTRATOR - Discussion and action regarding proposal submitted to Key Colony Beach for Monroe County Fire Rescue to provide fire and emergency medical services (EMS) to the City of Key Colony Beach in response to their request for said proposal. DELETIONS Page 7 C e 8 G2 BOARD OF GOVERNORS - Approval to spend Ad Valorem taxes to install 7 fire hydrants at strategic locations in the areas of unincorporated Monroe County and issue a Purchase Order to J.A. LaRocco Enterprises, Inc for the same, K 1 GROWTH MANAGEMENT — An appeal of the ROGO Allocation rankings of the Monroe County Planning Commission for applications #07100486, #07100479, #07100485 and #07100483 in Planning Commission Resolution 04- l0 dated March 10, 2010 and approval of a resolution approving the ROGO rankings and DENYING the appeal by the appellant, John K. Akins Page 4 C 18 AIRPORT - ( Revised wording) - Approval of a lease for rental space with Keren Adlen and Dani Tobaly, dba JET LAG ACCESSORIES, LLC., for rental space at the Key West International Airport. Page 5 C32 PUBLIC WORKS — (Backup now included) -Approval to amend agreement with Weathertrol Maintenance Corp. for central air conditioning maintenance and repair for Lower Keys facilities. Page 10 R2 COUNTY ATTORNEY — (Revised wording & backup) - Approval to issue a PO for 60 month lease with Xerox for a W5675PT Copier and a Xerox MFP8560D 1 Multifunction Color Phaser to replace the Xerox WCP3545 5W Page i 1 T2 PUBLIC HEARING/GROWTH MANAGEMENT - (Revised backup - Pages 128-134 of the original package have been deleted. Pages 143-155 have been inserted into the REVISED package as well as pages 221- 225 were added ) Approval of a resolution to transmit to the Florida Department of Community Affairs (DCS), an amendment to the Monroe County Year 2010 Comprehensive Plan, creating Goal 107, Objective 107.1, and Policy 107.1.1 that establishes a Sub Area Policy for Wisteria Island. Page 11 T3 PUBLIC HEARING/GROWTH MANAGEMENT - (Pages 188 - 192 were added) - Approval of a resolution to transmit to the Florida Department of Community Affairs (DCA), an amendment to the Monroe County 2010 Comprehensive Plan Future Land Use Map (FLUM), amending the FLUM designation from Undesignated to Mixed Use Commercial (MC) for Wisteria Island AGENDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS WEDNESDAY, JULY 21, 2010 TIMES APPROXIMATE 9:00 A.M. Board of County Commissioners Regular Meeting 9:15 A.M. F1/F6 — Land Authority 9:30 A.M. G 1/G3 —Board of Governors 10:30 A.M. H 1 —Project Management 10:45 A.M. L1 —Tax Collector 12:00 P.M. Lunch Break 2:00 P.M. N 1 —Sounding Board 2:30 P.M. 06 — Commissioner DiGennaro 2:45 P.M. K1 —Growth Management 3:00 P.M. S 1/S4 — Public Hearings 6:00 P.M. T1/T3 — Public Hearings f 128 MINUTES OF THE MONROE BOARD OF COUNTY COMMISSIONEJ Regular Meeting Board of County Commissioners Wednesday, July 21, 2010 Key West, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 A.M., at the Harvey Government Center. Present and answering to roll call were Commissioner Heather Carruthers, Commissioner Mario DiGennaro, Commissioner George Neugent, Commissioner Kim Wigington, and Mayor Sylvia Murphy. Also present at the meeting were Roman Gastesi, County Administrator; Debbie Frederick, Assistant County Administrator; Suzanne Hutton, County Attorney; Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; County Staff, members of the press and radio; and the general public. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Neugent and seconded by Commissioner DiGennaro granting approval of Additions, Corrections and Deletions to the Agenda. Motion carried unanimously. PRESENTATION OF AWARDS Presentation of Years of Service Award for 30 years of service to Monroe County to Lisa Druckemiller, Senior Administrator, Technical Services Department. Presentation of Years of Service Award for 30 years of service to Monroe County to Fred Gartenmayer, Plumbing Foreman, Facilities Maintenance, Public Works Division. Presentation of Years of Service Award for 20 years of service to Valerie Moore, Business Manager, Monroe County Library. Presentation of Years of Service Award for 10 years of service to Monroe County to Terry Thompson, Sr. Landscaper, Higgs Beach, Facilities Maintenance, Public Works Division. Presentation of Employee Service Award for the month of April 2010 to Brian Bradley, Coordinator, County Attorney's Office. Presentation of Government Finance Officers Association (GFOA) award to Monroe County's Office of Management and Budget. Presentation of Mayor's Proclamation celebrating the week of July 18-24, 2010 as Probation, Parole, and Community Supervision Week in Monroe County. W9 Presentation of Mayor's Proclamation declaring August 14th, 2010 as International Taoist Tai Chi Awareness Day in Monroe County. Presentation of Mayor's Proclamation declaring November 1st to 7th, 2010 as EcoWeek in Monroe County and the Florida Keys. Presentation of "Outstanding Intern" award in the Office of the County Attorney to Spenser Budde. Presentation of Years of Service Award for 20 years of service to Monroe County to Suzanne Hutton, County Attorney. BULK APPROVALS Motion was made by Commissioner DiGennaro and seconded by Commissioner Neugent granting approval of the following items by unanimous consent: Board granted approval for Monroe County Bayshore Manor to re -enroll in a Provider Agreement for participation in the Title XIX Institutional Florida Medicaid Program. Board granted approval and authorized execution of Modification #001 to the Modification of Agreement between the Florida Department of Community Affairs American Recovery and Reinvestment Act (ARRA) Weatherization Assistance Program (WAP), Contract #10WX-7X-11-54-01-719 and the Monroe County Board of County Commissioners (Community Services/Social Services). Board granted approval and authorized execution of Amendment 007 to the Community Care for the Elderly (CCE) Contract KC-971 between the Alliance for Aging, Inc. (Area Agency on Aging) and the Monroe County Board of Commissioners (Social Services/In-Home Services) for fiscal year 7/1/09 to 6/30/10. Board granted approval of the receipt of the monthly report on Change Orders reviewed by the County Administrator's Office. Board granted approval and authorized execution an updated Business Associate Agreement between Monroe County and Horizon Health EAP Services. Board granted approval of the updated Business Associate Agreement between Monroe County and Wells Fargo. Board granted approval to send a letter of interest to the City of Lantana in support of their application to the Environmental Protection Agency for the Climate Showcase Communities Grant. 130 Board granted approval to spend District 1, District 3 and District 4 Fire and Ambulance Impact Fees to install 23 fire hydrants at strategic locations in the areas of unincorporated Monroe County and issue a Purchase Order to J.A. LaRocco Enterprises, Inc. for the same. Board granted approval acting as Plan Administrator of the Length of Service Award Plan (LOSAP) to begin 10-year disbursement of funds to one eligible participant, with a monthly benefit of $180.00 commencing August 1, 2010. Board adopted the following Resolution authorizing the transfer of a Ford Explorer, County ID 1419-5655, from the Upper Keys Health Care Taxing District in return for payment in the amount of $12,375.00 from Monroe County Fire and Ambulance District 1 funds; and authorization for the Division Director, Monroe County Emergency Services/Fire Rescue to execute all necessary paperwork, including but not limited to, the Monroe County Fixed Asset Transfer Form. RESOLUTION NO. 195-2010 Said Resolution in incorporated herein by reference. Board adopted the following Resolutions concerning the Transfer of Funds and Resolutions for the Receipt of Unanticipated Revenue: Transfer of Funds (OMB Schedule Item No. 1). RESOLUTION NO. 1%-2010 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 2). RESOLUTION NO. 197-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 3). RESOLUTION NO. 198-2010 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 4). RESOLUTION NO. 199-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 5). RESOLUTION NO.200-2010 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 6). RESOLUTION NO.201-2010 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 7). W HM RESOLUTION NO.202-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 8). RESOLUTION NO.203-2010 Said Resolution is incorporated herein by reference. Amending Resolution No. 459-2009 (OMB Schedule Item No. 9) RESOLUTION NO.204-2010 Said Resolution is incorporated herein by reference. Amending Resolution No. 460-2009 (OMB Schedule Item No. 10) RESOLUTION NO.205-2010 Said Resolution is incorporated herein by reference. Amending Resolution No. 009-2010 (OMB Schedule Item No. 11) RESOLUTION NO.206-2010 Said Resolution is incorporated herein by reference. Amending Resolution No. 010-2010 (OMB Schedule Item No. 12) RESOLUTION NO.207-2010 Said Resolution is incorporated herein by reference, Transfer of Funds (OMB Schedule Item No. 13) RESOLUTION NO.208-2010 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 14). RESOLUTION NO.209-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 15). RESOLUTION NO.210-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 16). RESOLUTION NO.211-2010 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 17). RESOLUTION NO.212-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 18). RESOLUTION NO.213-2010 Said Resolution is incorporated herein by reference. Board adopted the following Resolution authorizing the submission of grant application to the Florida Department of Law Enforcement for the Edward Byrne Memorial Justice Assistance FY 2011 Grant (JAG) program based upon the recommendations of the Substance Abuse Policy Advisory Board and authorization for the County to execute application. RESOLUTION NO.214-2010 Said Resolution is incorporated herein by reference. Board granted authorization for the Mayor to execute the Edward Byrne Memorial Justice Assistance funding distribution letter with the Department of Law Enforcement for fiscal year 2011 (Oct. 1, 2010 through Sept. 30, 2011), whereby Monroe County agrees to the distribution of JAG program funds in the County. Board ratified acceptance of Public Transportation Supplemental Joint Participation Agreement Number Six with the Florida Department of Transportation for an additional $250,000.00 for Planning Studies for the Key West and Marathon Airports. Board granted approval to fund one half of the expense (not to exceed $5,000.00) for a bust of George Faraldo, to be placed in the New Terminal Building at the Key West International Airport. Board granted approval and authorized execution of a Lease for rental space with Keren Adlen and Dani Tobaly, dba JET LAG ACCESSORIES, LLC, for rental space at the Key West International Airport. Board granted approval to pay an invoice for Emergency Roof Repairs at the Key West International Airport from Pearson Framing Contractors, Inc., required due to the replacement of an air conditioning unit located above the ground -level Conch Flyer Restaurant. Board granted approval and authorized execution of Amendment to Agreement with Stand Up for Animals, Inc. (SUFA) to operate the Big Pine Key and Marathon Animal Shelters for an additional ninety (90) days. Board granted approval to reject bids and re -advertise for Shade Structures for Lower Keys Parks. Board granted approval to reject bids and re -advertise for Park Irrigation Systems for three Lower Keys parks as follows: Bay Point, Big Pine Community, and Bernstein. Board granted approval to reject bids and re -advertise for Playground Equipment for Lower Keys Parks. Board granted approval to exercise the second renewal option and execute the Contract with U. S. Water Services Corporation for operation and maintenance of the wastewater treatment plant at the Marathon Government Center. Board granted approval and authorized execution of a Lease Agreement with Early Learning Coalition of Miami-Dade/Monroe to provide office space at the Gato Building, 1100 Simonton Street, Key West, FL. Board granted approval and authorized execution of a Lease Agreement with the State of Florida Department of Health, Monroe County Health Department, to provide continued office space at the Gato Building, 1100 Simonton Street, Key West, FL. Board granted approval and authorized execution of a Lease Agreement with the State of Florida Department of Health, Monroe County Health Department, to provide continued office space at the Murray E. Nelson Government and Cultural Center, 102050 Overseas Highway, Key Largo, FL. Board granted approval and authorized execution of an Amendment to the Agreement between Monroe County and Weathertrol Maintenance Corp. for central air conditioning maintenance and repair for Lower Keys facilities. Board granted approval to award bid and execute Contract for unleaded gasoline and diesel fuel to the second lowest bidder Dion Oil Company, LLC. Board granted approval and authorized execution of purchase from AT&T Quote # 321270739 "Schedule for the Purchase of Equipment and/or Services" for telephone equipment and services to upgrade the telephone switching systems in the Marathon Government Center and the Plantation Key Courthouse to a highly available core switch and to upgrade equipment for other smaller sites in Marathon. TOURIST DEVELOPMENT COUNCIL Board granted approval of an Agreement with Monroe Council of the Arts Corporation, d/b/a Florida Keys Council of the Arts to provide funding to supplement costs of tourist related programs. Board granted approval to utilize $500,000 TDC Emergency Contingency Funds to address the impacts of BP oil spill. Board granted Approval to revise TDC Operations Manual "Acceptable Event Marketing Expense" Policy. Board granted Approval of the 2010/2011 Monroe County Tourist Development Council Marketing Plan. Board granted approval of an Amendment to Agreement to revise Exhibit A with Key West Players, Inc. covering the Stage Repair and Rigging Renovation at the Waterfront Playhouse in an amount not to exceed $25,000, DAC I, FY 2010 Capital Resources. 0 134 Board granted Approval of an amendment to Agreement with Upper Keys Business Group, Inc. to revise date of event to April 23-June 12, 2010 for the Key Largo Conch Republic Days event. DIVISION OF GROWTH MANAGEMENT Board adopted the following Resolution setting the date, time and place for a public hearing of a proposed abandonment of a portion of State Road 905/County Road 905, Harbor Course Subdivision Section 1, Ocean Reef Plat 13, North Key Largo. RESOLUTION NO.215-2010 Said Resolution is incorporated herein by reference. Board adopted the following Resolution setting the date, time and place for a public hearing of a proposed abandonment of a portion of Cabrera Street, South Creek Village Subdivision, Key Largo. RESOLUTION NO.216-2010 Said Resolution is incorporated herein by reference. Board granted approval of a request for the full refund of $1,778.00 for the road abandonment petition fee for F. Albert Zamacona, 27285 Mariposa Road, Ramrod Key (File No. 28097). Board granted approval of a partial release of Lease No. 4549, a land management lease between Monroe County and the Board of Trustees of the Internal Improvement Fund of the State of Florida (BOT). Board granted approval of Commencement Date Agreement as part of the lease between Monroe County and Habitat for Humanity of the Middle Keys community Land Trust, Inc. for property located at 1007 75th Street in Marathon (RE#00343090-000000). TAX COLLECTOR Board granted approval of the recap of the 2009 tax roll and the list of errors and insolvencies for the 2009 tax roll, and approval to extend the 2010 tax roll is extended and the bills be mailed prior to completion of Value Adjustment Board Hearings. COMMISSIONERS' ITEMS Board granted approval of Mayor Murphy's item to advertise for the reconsideration of Administrative Relief for Triple J Investments Inc. on Lot 23, Block 3, Ocean Park Village, Key Largo, Real Estate Number 00446010.000000. Board granted approval of Commissioner Carruthers' item to reappoint Steve Torrence to the Monroe County Human Services Advisory Board. ow The Board granted approval of the appointment of Dr. Lesley Salinero to the Human Services Advisory Board Working Group. Board granted approval of Commissioner Wigington's reappointment of Alexsandra Leto to Human Services Advisory Board. Board granted approval of the appointed of Josh Mothner to the Human Services Advisory Board (HSAB) Working Committee. COUNTY CLERK P2 Board granted official approval of the BOCC minutes from the Special BOCC meeting held on May 11, 2010 and Regular meeting held on May 19, 2010. P3 Board granted approval of the following Warrants: (105505 - 105608 and 552347 - 5513369) General Fund (001), in the amount of $1,746,106.34; Fine & Forfeiture Fund (101), in the amount of $3,106,363.34; Road and Bridge Fund (102), in the amount of $49,646.90; TDC District Two Penny (115), in the amount of $232,022.91; TDC Admin. & Promo 2 Cent (116), in the amount of $378,989.20; TDC District 1,3 Cent (117), in the amount of $407,454.08; TDC District 2,3 Cent (118), in the amount of $27,634.49; TDC District 3,3 Cent (119), in the amount of $174,801.80; TDC District 4,3 Cent (120), in the amount of $17,449.89; TDC District 5,3 Cent (121), in the amount of $113,912.96; Gov. Fund Type Grants (125), in the amount of $569,642.06; Fire & Amb District 1 L&M Keys (141), in the amount of $217,506.31; Upper Keys Health Care (144), in the amount of $9,546.48; Uninc Svc Dist Parks & Rec (147), in the amount of $48,060.61; Plan, Build, Zoning (148), in the amount of $142,088.37; Municipal Policing (149), in the amount of $460,985.70; 911 Enhancement Fee (150), in the amount of $88,405.30; Duck Key Security (152), in the amount of $3,968.00; Local Housing Assistance (153), in the amount of $309,955.00; Boating Improvement Fund (157), in the amount of $64,644.26; Misc. Special Revenue Fund (158), in the amount of $89,616.54; Environmental Restoration (160), in the amount of $10,540.60; Drug Abuse Trust (164), in the amount of $3,820.59; Building Fund (180), in the amount of $15,022.56; 1 Cent infra Surtax (304), in the amount of $867.96; Infr Sls Srtx Rev Bds2007 (308), in the amount of $5,113.63; Duck Key Wastewater (311), in the amount of $252,843.64; Card Sound Bridge (401), in the amount of $4,396.00; Marathon Airport (403), in the amount of $19,335.93; Key West Intl. Airport (404), in the amount of $502,823.38; KW AIP Series 2006 Bonds (405), in the amount of $216,745.59; PFC & Oper Restrictions (406), in the amount of $61,035.80; MSD Solid Waste (414), in the amount of $1,684,377.91; Worker's Compensation (501), in the amount of $16,197.77; Group Insurance Fund (502), in the amount of $244,012.72; Risk Management Fund (503), in the amount of $152,664.29; Fleet Management Fund (504), in the amount of $98,921.19; Fire&EMS LOSAP Trust Fund (610), in the amount of $1,635.00. P4 Board granted approval of TDC expenditures for the month of June, 2010: Advertising, in the amount of $914,022.03; Bricks & Mortar/Interlocal Projects, in the amount of $123,174.24; Visitor Information Services, in the amount of $17,956.00; Events, in the amount of $83,550.75; Office Supplies & Oper Costs, in the amount of $23,998.65; Personal Services, 0 136 in the amount of $67,135.94; Public Relations, in the amount of $92,212.57; Sales & Marketing, in the amount of $81,170.18; Telephone & Utilities, in the amount of $19,475.56; Travel, in the amount of $9,324.41. Board granted approval to remove surplus equipment from inventory via disposal or advertise for bid. COUNTY ADMINISTRATOR Board granted approval and authorized execution of a Professional Services Agreement between Floridian Partners, LLC under the Exception to the competitive bidding process as set out in Chapter 4B of County Purchasing Policy for consulting services, including lobbying, for a one-year term retroactive to July 19, 2010 through July 18, 2011. COUNTY ATTORNEY Board granted approval to issue a PO for 60 month lease with Xerox for a W5675PT Copier and a Xerox MFP856)DI Multifunction Color Phaser to replace the Xerox WCP3545. Board granted approval of an Assignment and Assumption of Lease No. 3783 to Islamorada, Village of Islands for area known as Anne's Beach. Board granted approval of approval to advertise a Public Hearing to consider adoption of an ordinance amending Monroe County Code, Section 4-46 to provide clarification to allow citations to be issued to persons other than owner(s) or keeper(s) of animals. Motion carried unanimously. FIRE & AMBULANCE DISTRICT 1 BOARD OF GOVERNORS FIRE & AMBULANCE DISTRICT 1 BOARD OF GOVERNORS The Board of Governors for the Fire and Ambulance District I convened. Present and answering to roll call were Commissioner Heather Carruthers, Mayor Sylvia Murphy, Commissioner Kim Wigington, and City of Layton Councilman Clark Snow. City of Layton Mayor Norman Anderson was absent. James Callahan, Fire Chief discussed the matter. Motion was made by Councilman Snow and seconded by Commissioner Carruthers to adopt the following Resolution of the Board of Governors, Fire and Ambulance District 1 of Monroe County, Florida authorizing payment of $12,375.00 to the Upper Keys Health Care Taxing District in return for use and possession of a Ford Explorer, County ID 1419-5655; and authorization for the Division Director, Monroe 137 County Emergency Services/Fire Rescue to execute all necessary paperwork, including but not limited to, the Monroe County Fixed Asset Transfer Form. Motion carried unanimously. RESOLUTION NO.217-2010 Said Resolution is incorporated herein by reference. There being no further business, the meeting of the Board of Governors for the Fire and Ambulance District 1, was adjourned. The Board of County Commissioners meeting reconvened with all Commissioners present. COUNTY ADMINISTRATOR The Board discussed action regarding the proposal submitted to Key Colony Beach for Monroe County Fire Rescue to provide fire and emergency medical services (EMS) to the City of Key Colony Beach in response to their request for said proposal. James Callahan, Fire Chief discussed the matter. The following individuals addressed the Board: Key Colony Beach Commissioners Mary Schmidt and John DeNeale. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Neugent granting approval of the item. Roll call vote was unanimous. Commissioner DiGennaro excused himself from the meeting. NUSCELLANEOUS BULK APPROVALS The Board discussed the approval to renew the Airport Liability Insurance with Ace Property Casualty Insurance Company through Arthur J. Gallagher. Teresa Aguiar, Employee Services Director discussed the matter. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Wigington granting approval of the item. Motion carried unanimously. Commissioner DiGennaro returned to the meeting and took his seat. The Board discussed awarding bid and executing a Contract with Jayne's Cleaning Service for janitorial services at the Key West International Airport, and approval for Jayne's Cleaning Service to commence services beginning August 1, 2010. Peter Horton, Airport Director discussed the matter. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Wigington granting approval of the item. Motion carried unanimously. The Board discussed approval of a revision to the Health Insurance Plan Document as proposed by the Health Benefits Volunteer and Recommendations Team to become effective August 1, 2010. Said document is incorporated herein by reference. The following individual FA 138 addressed the Board: Louis LaTorre. Teresa Aguiar, Employee Services Director and Roman - Gastesi, County Administrator discussed the matter. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Neugent granting approval of the item. Motion carried unanimously. PROJECT MANAGEMENT Jerry Barnett, Director - Project Management introduced William P. Horn, Architect P.A. who made a presentation on the status and design of the Higgs Beach Park Master Plan. The following individuals addressed the Board: Key West City Commissioner Teri Johnston, representing the City of Key West and Michael Behmke, Chairperson - Friends of Higgs Beach. No official action was taken. NUSCELLANEOUS BULK APPROVALS The Board discussed Task Order PW-MAC-001 with MACTEC Engineering and Consulting, Inc. for providing facility asset management products and services to assist Public Works with implementation of an engineering -based, IT -enable facility management program. Dent Pierce, Public Works Director and Bob Stone, Facilities Maintenance Director - Middle Keys discussed the matter. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Wigington granting approval of the item. Motion carried unanimously. The Board discussed the award bid to Hammerhead Termite Control for fumigation services at the Monroe County Courthouse, Key West, Florida. Dent Pierce, Public Works Director discussed the matter. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Wigington granting approval and authorizing execution of the contract. Motion carried unanimous. The Board discussed the award bid to Debon Air Mechanical, Inc. for central air conditioning maintenance and repair for County facilities in the lower keys. The following individual addressed the Board: Brandon Dimando, Esq., representing Weathertrol Maintenance Company. John King, Facilities Maintenance Senior Director - Lower Keys and Suzanne Hutton, County Attorney discussed the matter. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Neugent to re -bid the item. Roll call vote was taken with the following results: Commissioner Carruthers No Commissioner DiGennaro Yes Commissioner Neugent Yes Commissioner Wigington No Mayor Murphy Yes Motion carried. Motion was made by Commissioner Carruthers and seconded by Commissioner Wigington extending the current contract with Weathertrol on a month -to -month basis. Motion carried unanimously. Im 139 Motion was made by Commissioner DiGennaro and seconded by Commissioner Neugent granting approval of the following two (2) items: Resolution to adopt tentative residential solid waste collection, disposal, and recycling rates for Fiscal Year 2010/11. RESOLUTION NO.218-2010 Said Resolution is incorporated herein by reference. Resolution to adopt tentative solid waste collection, disposal, and recycling rates for commercial waste generators for Fiscal Year 2010/11. RESOLUTION NO.219-2010 Said Resolution is incorporated herein by reference. Motion carried unanimously. STAFF REPORTS Project Management - Jerry Barnett, Director reported to the Board on the status of the Stock Island Fire Station and the transition plan for the Americans Disability Act (ADA). Public Works - Dent Pierce, Director reported to the Board concerning the lack of debris staging sites in the County. COMMISSIONERS' ITEMS The Board discussed Commissioner Carruthers' item regarding the tolling of US 1 as an alternative funding source for County infrastructure projects, including as a possible alternative for meeting our wastewater mandate. After discussion, motion was made Commissioner Carruthers and seconded by Commissioner Neugent directing Staff to investigate and research the practicality and ability to establish a toll on the Monroe County end of the 18 Mile Stretch that would allow us to fund additional infrastructure issues related to sea level rise and meeting our wastewater mandate. Motion carried unanimously. Roman Gastesi, County Administrator and Suzanne Hutton, County Attorney discussed the matter. The following individual addressed the Board: Jackie Harder. COUNTY ADMINISTRATOR Roman Gastesi, County Administrator referred the Board to the written County Divisions' Monthly Activity Report for June, 2010. COUNTY ATTORNEY Suzanne Hutton, County Attorney updated the Board on the following matters: An Opinion was received from the 3rd District Court of Appeals concerning the Carter case where 140 the County was successful; Invoices were sent to municipalities who pledged to pay for the windstorm insurance challenge; Ms. Hutton requested direction from the Board to consider outside counsel as her office has concluded that if there is more than a minimal amount of claim against British Petroleum which needs to be made, the County Attorney's Office probably is not in a position to litigate with BP. Mr. Gastesi indicated that representatives from BP would be meeting with the County and all of the municipalities concerning reimbursement. The Board discussed an Estoppel Certificate regarding the Ground Lease between Monroe County and Overseas Redevelopment Company, LLC and the Revised Sub - Lease Agreement between Overseas Redevelopment Company, LLC and Flagler Village Limited Partnership, Ltd. and Monroe County, FL for an affordable housing project. Suzanne Hutton, County Attorney discussed the matter. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner DiGennaro granting approval and authorizing execution of the Estoppel Certificate. Motion carried unanimously. WASTEWATER ISSUES Liz Wood, Sr. Administrator Wastewater Projects referred the Board to the written Engineering Division Wastewater Projects, June 2010 Status Report -dated July 21, 2010. Ms. Wood also provided an update to an amendment to the Interlocal Agreement for the construction of the collection system portion for the Duck Key Regional Wastewater System scheduled to be brought before the BOCC at the August meeting. The Board discussed approval of a Third Amendment to the June 21, 2006 Interlocal Agreement (ILA) with the Florida Keys Aqueduct Authority (FKAA) for the Big Coppitt Regional Wastewater System revising the County Funding portion to $37,000,000 and immediately appropriating those finds which have been duly approved for the estimated costs of administration, planning and construction of the Big Coppitt Regional Wastewater Project. Liz Wood, Sr. Administrator Wastewater Projects discussed the matter. The following individuals addressed the Board: Ron Miller and Deb Curlee, representing Last Stand. Suzanne Hutton, County Attorney and James Reynolds, Executive Director of Florida Keys Aqueduct Authority also discussed the matter. During discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Wigington requesting that a letter be written to the FKAA, copying the Department of Community Affairs, that the Board of County Commissioners as a body are not happy with their elimination of the Environmental Policy Rule. Roll call vote was unanimous. Motion was then made by Commissioner Carruthers and seconded by Commissioner DiGennaro granting approval and authorizing execution of the Third Amendment to the June 21, 2006 Interlocal Agreement (LA) with the Florida Keys Aqueduct Authority (FAA) for the Big Coppitt Regional Wastewater System. Motion carried unanimously. STAFF REPORTS Growth Management - Mayor Murphy inquired as to the appropriate time when she or the Board could suggest the creation of a Future Land Use Designation for the two (2) items that were withdrawn from the agenda at the owner's request: IN 141 Agenda item T2 concerning a Resolution to transmit to the Florida Department of - Community Affairs (DCA) an Amendment to the Monroe County Year 2010 Comprehensive Plan, creating Goal 107, Objective 107.1, and Policy 107.1.1 that establishes a Sub Area Policy for Wisteria Island; and Agenda item T3 concerning a Resolution to transmit to the Florida Department of Community Affairs (DCA) an Amendment to the Monroe County 2010 Comprehensive Plan Future Land Use Map (FLUM) amending the FLUM designation from Undesignated to Mixed Use Commercial (MC) for Wisteria Island. Suzanne Hutton, County Attorney and Christine Hurley, Growth Management Director discussed the matter. After discussion, motion was made by Commissioner Wigington and seconded by Commissioner Neugent that the above matter be designated as Residential Conservation (RCA). After consideration, the motion was withdrawn by the maker with the second accepting. Motion was then made by Commissioner Wigington and seconded by Commissioner DiGennaro requesting that Staff bring back to the Board a designation. Motion carried unanimously. SOUNDING BOARD John November, representing Citizens Not Serfs, addressed the Board in regards to the end of the pilot program in November; the proposed revitalization of Monroe County's image; and pathways towards local policies that are more conducive to Keys homeowners. The Board took no official action. COMMSSIONERS' ITEMS The Board discussed Commissioner DiGennaro's item for a proposed amendment to Monroe County Land Development Code and/or Comprehensive Plan to add additional protection to established height limit by requiring a voter referendum prior to seeking an amendment to allow an increase in height, and direction to legal staff to research the constitutionality and enforceability of a referendum requirement. The following individual addressed the Board: John November, representing Citizens Not Serfs. Christine Hurley and Suzanne Hutton, County Attorney discussed the matter. The item was referred to the Growth Management Director. COUNTY ADMINISTRATOR The Board discussed approval of a Resolution requesting that the Navy utilize the F-14 Aircraft Operation - in affect prior to the F-18 Super Hornet - as the baseline for the upcoming Environmental Impact Statement. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner DiGennaro to adopt the following Resolution, as revised. Motion carried unanimously. RESOLUTION NO.220-2010 Said Resolution is incorporated herein by reference. PUBLIC HEARINGS 1.42 A Public Hearing was held to consider adoption of a Resolution for a Budget Amendment of Fiscal Year 2010 Affordable Housing Program Fund 100. There was no public input. Motion was made by Commissioner Neugent and seconded by Mayor Murphy to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO.222-2010 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider adoption of an Ordinance amending Section 23- 76, MCC, adding specific language regarding "mobile business first time" for clarification. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner DiGennaro granting approval of Staff Recommendation to adopt the Ordinance. Motion carried unanimously. ORDINANCE NO.024-2010 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider adoption of an Ordinance to amend sections of Chapters 19 and 25 of the Monroe County Code to clarify prohibited uses of County rights -of - way and provide limitations on appeals processes, additional enforcement measures, penalties and ;increased fees for permits. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner DiGennaro to continue the item to the August 18, 2010 Board of County Commissioner's meeting in Key Largo at 3:00 P.M. Motion carried unanimously. A Public Hearing was held to provide for the repeal of Ordinance No. 0 11-20 10 regarding registration of lobbyists. The Board accepted public input with the following individuals addressing the Board: John November, representing Citizens Not Serfs; Ron Miller and Russell Yagel. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Neugent to table the item to the August 18, 2010 meeting. Motion carried unanimously. COUNTY ATTORNEY The Board discussed a request by Property Owner Rebecca Newman for further reduction of fines in Code Enforcement Case CE09080129. The fines total $42,700.00. Costs total $325.74. Attorney Lee Rohe, representing Rebecca Newman, addressed the Board. Lisa Grainger, Assistant County Attorney discussed the matter. Rebecca Newman Braden, Property Owner also addressed the Board. After discussion, motion was -made by Commissioner Wigington and seconded by Commissioner DiGennaro to reduce the fine to $2,500 and include the $325.74 total cost, for a reduction to $2,825. Motion carried unanimously. Suzanne Hutton, County Attorney and Roman Gastesi, County Administrator discussed with the Board their auto allowances in order to have it attributable to the Florida Retirement Systems calculations. After discussion, motion was made by Commissioner DiGennaro and seconded by Mayor Murphy to reform the employee contracts with all of the former County N 143 Administrators and County Attorneys who have had auto allowances - James Roberts, Tom Willi, Randy Ludacer, James Hendrick, and Richard Collins. Motion carried unanimously. PUBLIC HEARING A Public Hearing was held to consider a Resolution to transmit to the Florida Department of Community Affairs an amendment to Policy 101.2.6 of the Monroe County 2010 Comprehensive Plan Future Land Use EIement to extend the moratorium of new transient residential unites until December 31, 2011. There was no public input. Motion was made by Commissioner Wigington and seconded by Commissioner Carruthers to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO.221-2010 Said Resolution is incorporated herein by reference. There being no further business, the meeting of the Board of County Commissioners adjourned. Danny L. KoIhage, CIerk and ex-officio Clerk to the Board of County Commissioners Monroe County, Florida Isabel C. DeSantis, Deputy Clerk VA MEMORANDUM MONROE COUNTY PLANNING & ENviRONMENTAL REsouRCEs DEPARTMENT We strive to be caring, professional and fair To: Planning Commission From: Tiffany Stankiewicz, Development Administra Through: Townsley Schwab, Sr. Director of Planning & Environmental Resources Date: September 27, 2010 Subject: Residential Dwelling Unit Evaluation Report for Big Pine/No Name Key Subarea Applicants 3 through 44 for Quarter 4, Year 18 Meeting Date: September 8, 2010 continued to September 22, 2010; continued to Ocober 6, 2010 I This report has been prepared pursuant to Section 138-26 of the Land Development Regulations 2 (LDRs). The proposed residential dwelling unit rankings (Big Pine/No Name Key Subarea) for 3 applicants three (3) through forty-four (44) attached to this report are for the fourth quarter of 4 year eighteen which covers the period April 13, 2010, through July 12, 2010. 5 6 IAAC1, LGROUND & RMATION: 7 8 The public hearing for the Big Pine/No Name Keys Subarea ROGO allocation and nuniaing 9 determination was continued by the Planning Commission from September 8, 2010, to let Banks 10 Prevatt present information on behalf of Mr. John Akins regarding flood zone scoring corrections II for properties identified by real estate numbers 00310220.000000, 00310240.000000, 12 00310280.000000, 00310260.000000. 13 14 A. HISTORY OF AKINS APPLICATIONS: 15 16 On March 30, 2010, the applicant, John K. Akins, filed an appeal to the Board of County 17 Commissioners about the reduction of ROGO points and the rankings approved by the 18 Planning Commission March 10, 2010 under Resolution 04-10 which affected his four 19 ROGO Applications. The subject parcels and applications are under the ownership of John 20 K. Akins, John W. and Glenda Akins. The appeal is based on the original incorrect scoring 21 of the properties as being in an AE flood zone when the properties are, in fact, in a VE flood 22 zone (4 points). 23 24 Monroe County Code Section 138-1, Appeals states that an appeal from the decision of the 25 Planning Commission on a ROGO allocation shall be made to the Board of County PW1o€a I Commissioners within 20 days of the Planning Commission's decision. The filing of an 2 appeal does not stay either the action of the Planning Commission or the action of the 3 Planning Director. This appeal of the approved ROGO Rankings by the Planning 4 Commission from March 10, 2010 was filed in a timely manner. However, the actual point 5 reductions and ranking changes occurred in June 10, 2009 by Planning Commission 6 Resolution P23-09. The Code does not specify that the appeal must follow after any specific 7 quarterly ranking. 8 9 Originally staff was prepared to schedule the appeal at the June 2010 Board of County 10 Commissioners meeting. However, prior to the agenda deadline, Mr. Prevatt requested that 11 the matter be heard at the July 21, 2010, Board meeting, which request was granted. On July 12 20, 2010, Lee Rohe, Esquire, requested the appeal be deferred from being presented before 13 the Board of County Commissioners. The applicants decided to defer the appeal in order to 14 first present their objections to the Planning Commission since applicants may offer 15 testimony about their application at any public hearing conceming ROGO in any quarter (Mr. 16 Rohe no longer represents Mr. Akins in this matter). 17 18 Since the scoring correction, the Planning Commission has reviewed and approved 5 19 quarterly rankings reflecting the scoring corrections. Neither the applicant nor authorized 20 agent where present at these public hearings. The last approved quarterly rankings regarding 21 all applicants for Big Pine/No Name Key subarea were on June 9, 2010. 22 23 B. A lications and Locations 24 25 Applications and Locations: 26 27 1) Building Permit Application & ROGO Application: #07100486 28 Legal Description: Lots 21 and 22, Block 1, Doctors Arm Subdivision, Big Pine Key, 29 Monroe County, Florida 30 Real Estate Number. 00310220.000000 31 32 2) Building Permit Application & ROGO Application: #07100479 33 Legal Description: Lot 23 and SLY 26 ft Lot 24, Block 1, Doctors Arm Subdivision, 34 Big Pine Key, Monroe County, Florida 35 Real Estate Number: 00310240.000000 36 37 3) Building Permit Application & ROGO Application: #07100485 38 Legal Description: Lot 27 and NLY 51 ft Lot 26, Block 1, Doctors Arm Subdivision, 39 Big Pine -Key, Monroe County, Florida 40 Real Estate Number: 00310280.000000 41 42 4) Building Permit Application & ROGO Application: #07100483 43 Legal Description: Lot 25 and SLY 17 ft Lot 26, Block 1, Doctors Arm Subdivision, 44 Big Pine Key, Monroe County, Florida 45 Real Estate Number: 00310260.000000 46 Page 2ors I 4 5 6 7 io 11 13 14 15 16 17 18 19 20 Owner: John K. Akins, John W, and Glenda Akins Agent: Banks Prevatt Land Use District: Commercial Fishing Special District (CFSD-8) Future Land Use Map (FLUM) Designation: Mixed Use(Commercial Fishing (MCF) ROGO Subarea: Big Pine Key/No Name Key Tic aatoject rroperaes (onntned lieu blue) (2009) White line shows separation of the AE Flood Zone and VE Flood Zone 12037C1328K is the Flood Insurance Rate Map Number C. RELEVANT PRIOR COUNTY ACTIONS The chart below shows a chronology of application submittal dates (Building Department Applications to ROGO Applications), description of flood zone information provided on Building Application Plan submittals, survey submittals showing flood zone information, approximate date of scoring error discovery, scoring error notification to applicants' address of record, Planning Commission Resolutions indicating scoring error corrections. Application No. 071004-86 07100485 07100433 07100479 Real Estate No. 00310220.000000 00310280,000000 00310260.000000 00310240.000000 Building Application Jan. 31, 2007 Jan. 31, 2007 Jan. 31, 2007 Jan. 31, 2007 Date As submitted by the Pre Tier System minus Pre Tier System minus Pre 'filer System minus pre Tier System minus applicants the I for AE Flood Zone 6 for VE flood zone 6 for VE flood zone 6 for VE flood zone Building Plates indicated flood zone deduction points Survey from Survey indicated Entire property in VE Entire property in VE Entire property in VE Lawrence F. Frank majority of property in zorm zone. zone. dated Dec. 4, 2006 AE Zone and a small indicated pro ion in the VE flood Page 3 of 0 flood zone. zone (survey error discovered in 2009 proposed residence in the YE Zone). Building Departmeut Reviewed for AE Zone Reviewed for VE zone Reviewed for VE zone Reviewed for VE zone reviewed plans for construction. construction construction construction AE/VE Zone construction. Building Department May 30, 2007 June 6, 2007 June 6, 2007 1 June 6, 2007 forwarded application to Planning to contact applicant to enter ROGO. Date ROGO June 12, 2007 June 12, 2007 June 12, 2007 June 12, 2007 Application submitted Initial scoring of uMJI A ROGO Application ROGO Application ROGO Application ROGO Application :c -Z--^----- --•�•• •••• •• ••• ....• ao sa u� r►c an:.u[cu a9 II al P►C SCorE4 8a tt m AE for Quarter that Zone (as indicated by Zone (scored in error) Zone (scored in error) Zone (scored in error) Scoring Error Early April 2009, post Early April 2009. past Early April 2009, post Early April 2009, post discovered Tier System should Tier System should Tier System should Ties System should have indicated -4 have indicated -4 have indicated -4 have indicated -4 Date certified letter April 27, 2009 Apri127, 2009 Apri127, 2009 Apri127, sent regarding Date . return reeelpt f May 15, 2009 May 15, 2009 May 15, 20091 May ROGO Rankings Planning Commission Planning Commission Planning Commission Planning Commission Quarter 3 Yr 17 Approved Resolution Approved Resolution Approved Resolution Approved Resolution Indicated scoring P23-09, June 10, 2009 P23-09, June 10, 2009 P23-09, June 10, 2009 P23-09, June 10, 2009 ROGO Rankings Planning Commission Planning Commission Planning Commission I Planning Commission Quarter 4 Yr 17 still Approved Resolution Approved Resolution Approved Resolution Approved Resolution referenced the P42-09, Sept 2, 2009 P42-09, Sept 2, 2009 P42-09, Sept 2, 2009 P42.09, Sept. 2, 2009 scoring correctlon ROGO Rankings Planning Commission Planning Commission Planning Commission Planning Commission Quarter 1 Yr 18 Approved Resolution Approved Resolution Approved Resolution Approved Resolution continued with P55.09, Dec. 15, 2009 P55-09, Dec. 15, 2009 P55-09, Dec. 15, 2009 P55-09, Dec. 15, 2009 correct points ROGO Rankings Planning Commission Planning Commission Planning Commission Planning Commission Quarter 2 Yr 18 Approved Resolution Approved Resolution Approved Resolution Approved Resolution continued with PO4-10, March 10, PO4-10, March 10, PO4-10, March 10, PO4-10, March 10, correct points 2010 2010 2010 2010 ROGO Rankings Planning Commission Planning Commission Planning Commission Planning Commission Quarter 3 Yr 18 Approved Resolution Approved Resolution Approved Resolution Approved Resolution continued with P10-10, June 9, 2010 P10-10, June 9, 2010 P10-10. June 9. 2010 P10-10_ Iune 9 Min ROGO. Rankings Planning Commission Planning Commission Planning Cbmanission Planning COMMission Quarter 4 Yr 18 continued the review continued the review continued the review continued the review continued with of Big Pine)No Name of Big PinelNo Name of Big Pine/No Name of Big PincJNo Name correct points Key Subarea to Key Subarea to Key Subarea to Key Subarea to September 22, 2010. September 22, 2010. September 22, 2010. September 22, 2010. Resolution 24-10 Resolution 24-10 Resolution 24-10 Resolution 24-10 approved allocations approved allocations approved allocations approved allocations for applicants 1-2 and for applicants 1-2 and for applicants 1-2 and for applicants 1-2 and continued applications continued applications continued applications continued applications 3 - 44 to October 6, 3 - 44 to October 6, 3 - 44 to October 6, 3 - 44 to October 6, 2010. 2010. 2n1 R In i n Page 4 of 8 1 2 The above chart shows the pertinent information from the initial submittal of the four 3 applications to the Building Department. Three applications contained information on the 4 building plans and surveys showing the properties located in the VE flood zone, while one 5 set of building plans and the survey incorrectly showed the property located in the AE Flood 6 Zone. When the Applicants subsequently entered ROGO in June 2007, staff incorrectly 7 scored the applications without a VE flood zone deduction of four points pursuant to tier 8 ordinance criteria. The errors were discovered when staff researched the applications based 9 on information from another applicant, received by the Planning Department regarding point 10 deductions for the VE flood zone. One of the four applications was scored in error based on 11 an incorrect survey, which was discovered by staff after examining the Flood Insurance Rate 12 Map (see map in the Section B above which shows the property boundaries and VE and AE 13 Flood Zone line). 14 15 On April 27, 2009, the Applicants were sent a certified letter to the address of record 16 regarding the scoring error. A signed certified receipt dated May 15, 2009 was returned to 17 the Planning Department. Subsequently, the scoring corrections for these applications were 18 identified on the approved ROGO rankings, which are available in the Planning Department 19 and on the County web site. From the information in the foregoing chart the rankings were 20 adjusted and maintained at five quarterly Planning Commission meetings and the applicants 21 did not appear before the Planning Commission. 22 23 D. REVIEW OF APPLICATION: 24 25 Mr. Akins is questioning the reduction of the ROGO points on the four applications stated 26 above. However, the actual VE flood zone point change occurred when the Planning 27 Commission approved quarterly rankings on June 10, 2009 (see Resolution P23-09). 28 29 In April of 2009 the Planning & Environmental Resources Director reviewed the 30 documentation (files, flood zone maps, surveys, plans, etc.) to determine if a stoning error 31 occurred by staff regarding the flood zone points. After the review, the Director determined 32 that scoring errors occurred on the four applications. Therefore, the applicants were sent a 33 certified letter (Certified Mail Return Receipt 7006 2150 0001 0488 1131) dated April 27, 34 2009 regarding the flood zone scoring error, which was signed for on May 15, 2009. The 35 applicants were notified as soon as the error was discovered. 36 37 The Department was compelled to correct the error, in order to preserve the rights of other 38 applicants in the. ROGO ranking& The rankings of the applicants' properties moved down 39 approximately 18 places. The rankings prior to the corrections showed the applicants 40 ranked 22, 23, 24, & 25 and the next rankings with the corrections showed them at 40, 41 41, 42, & 43. 42 43 Mr. Banks Prevatt came into the Planning Department in November of 2009, meting 44 information about these properties, which was prior to being an agent on the ROGO 45 applications. He later asked for information about an appeal. Appeal information was 46 provided. On March 18, 2010, agent authorization was submitted. Past S of 8 1 2 The properties are located in the Big PineJNo Name Key ROGO Subarea. This subarea is 3 limited to 8 market rate allocations per year, allowing for 2 allocations per quarter, provided 4 there is enough mitigation to cover the H-value used for allocations. In the quarterly 5 rankings approved by the Planning Commission March 10, 2010, the two applicants who 6 received allocation awards each had 20 points and the subject applications of this appeal each 7 had 8 points. On June 9, 2010 the Planning Commission reviewed and approved another 8 quarterly ranking on Big Pine/No Name Key Subarea, which reflected the applicants V zone 9 scoring. 10 11 It should be noted that these applications will be eligible for Administrative Relief after the 12 quarter closure of July 2011. From the closure of the 16a` quarter, after the ROGO 13 application was made, the applicant will have 180 days to submit four Administrative Relief 14 Applications. 15 16 There is an alternate avenue available for the applicants to investigate regarding the VE flood 17 zone designation. Property owners may seek a Letter of Map Revision (LOMR) requesting a 18 revision showing their property is located in a different flood zone. There has been a 19 property in Doctors Arm that recently obtained a LOMR. The applicants may contact Diane 20 Bair, Special Projects/Floodplain Administrator for additional information regarding this 21 process. 22 23 As an aside, the applicants should contact the surveyor regarding the need for a corrected 24 survey and also, should contact the Monroe County Building Department regarding any 25 building plan corrections that may be required for the property identified with real estate 26 number 00310220.000000. 27 28 Staff concludes the scoring was correctly adjusted to reflect the VE flood point deduction. 29 However, if new evidence is submitted to show the properties are in the AE flood zone and 30 no portion of the structure is located in the VE flood zone, then the points could be positively 31 adjusted accordingly. 32 33 M FAO RS FOR THE PLANNING commisSION 7V CONSIDER: 34 35 Monroe County Code Section 138-26 (c)(3): The basis for any planning commission changes in 36 the scoring or ranking of market rate applications shall be specified in the farm of a motion to 37 adopt the allocation rankings and may include the following: 38 39 a. An error in the designation of the applicable subarea. 40 b. A mistake in the calculation of dedicated or aggregated lots/land. 41 C. A mistake in assignment of the tier map designation in the 42 application. Such a mistake in reading the tier designation in 43 applying points for the application, any change to the tier map 44 must go through the procedures for amendment of the tier map. 45 d. Any other administrative error or omission that may cause the 46 application to be incorrectly scored. Page 6 of S 1 2 A review of the Akins applications showed a scoring error was made by staff. Subsequently, 3 staff corrected the scoring to maintain the integrity of the ROGO scoring system. The code 4 allows the PIanning Commission to adjust a score if the change is to correctly adjust the score. 5 The applicants' ROGO scores are correct; therefore, the scares cannot be adjusted to reflect 6 incorrect information or an inaccuracy in applications or errors by staff to raise an applicant's 7 score at the expense of others in the ROGO competition. It is the PIanning Commissions 8 obligation to correct an error or an omission that may cause an incorrect score. 9 10 Ill] ALLOCATIONFACWRS FOR BIG PINE/NO NAME SEYSU .� 11 12 A. Pursuant to Section 138-24 the number of annual allocations available is 197. 13 14 B. Section 138-24(c) allows any unused portion of affordable housing allocations to be 15 retained and rolled over into the next dwelling unit allocation year. 16 17 C. Section 138-24(a)(4) allows the Planning Commission to amend the affordable housing 18 19 proportions during any ROGO quarter. 20 D. Section 138-27(g) limits administrative relief allocations per quarter. The number of 21 allocations that may be awarded under administrative relief in any subarea quarter shall 22 be no more than fifty percent (50%) of the total available market rate allocations. 23 24 E. Section 138-24(ax6) Iimits on the number of allocation awards in Tier I. The annual 25 number of allocation awards in Tier I shall be limited to no more than three (3) in the 26 Upper Keys and no more than three (3) in the Lower Keys. Big Pme/No Name Key is 27 Iimited to ten (10) allocations over a twenty year period or H =.022 whichever is Iower. 28 29 BeIow is a table tracking the Tier 1 allocations by quarter/year. 30 Key land Permit Number Tier Allocation type 9marter.YeW subarea Big Pine: Be& Dec. 27, 2004 (Ordimnee 02MO04) -Aig Piae 03102303 Adm. Relief 2 Y 15 31 Big Pine 197101361 Marloet Rate Q 1 Y 17 32 F. Monroe County Code Section 138-25(f) Expiration of allocation award: Except as 33 provided for in this division, an allocation award shall expire when its corresponding 34 building permit is not picked up after sixty (60) days of notification by certified mail of 35 the award or, after issuance of the building permit. 36 37 G. Monroe County Section 138-24 allows a total of 8 market rate allocations per year for the JOBig Pine/No Name Key Subarea. 40 H. Monroe County Code Section 138-26 allows the adjustment of residential ROGO 41 allocations at the end of each quarterly allocation period of additions or subtractions to 42 the basic allocation available by subarea such as the number of dwelling unit allocation 43 awards that expired prior to the issuance of a corresponding building permit. Page 7 of 8 I EVALEWTIONAND RANKING: 4 The evaluation of the allocation applications was performed by the Planning & Environmental 5 Resources Department. Positive and negative points were granted in compliance with the 6 evaluation criteria contained in Section 138-28 of the LDRs for the Big Pine/ No Name Key Sub- 7 areas. 8 9 If applications received identical scores, they were first ranked by date and time and further 10 ranked based on the applicants with the fewest negative number of points on the same day. 11 Please note that any excess allocations approved must be deducted from the next quarterly 12 allocation period pursuant to Monroe County Code Section 138-26(e). 13 11 URE M TIO 16 Staff recommends the Planning Commission approve the Market Rate rankings to applicants 17 ranked 3 through 44 for Quarter 4 Year 18. Applicants ranked 1 through 2 were previously 18 approved by the Planning Commission Resolution 24-10 on September 22, 2010. 19 20 Wage 8 of 8 if P I ri0if! ts��SYiS' lliYgiS�73S �gS'X6t71S'B:a��ua+mYa�oaw�aaaYN 111H am n age till pis Iddd$,Ud a UM fill' 1111,11 WPM to tl N +�p��y• tlrYSYge�m�r�Nw+�wre:roahS'N�aYgrerw� g a Z r also___- 0gg ggagg�gw $�i44i 44pF44QQQQsQQpQigg QQQQ� 44a4 QQdgg��Tca Qti gg♦ HIM i +++NNNNNNpNNN-NNrr-----rrr----NNNNNNNNpNNNN 444Oe�asssssss;;4444444444444;oOe;;;;oa;voo � 4 eeeee400meee4000000See0000eee4oeeee44004 coo it .191 44mw4444444444444444444444444444444444444444 s���y 4444444444444w44444444444444m444444444444444 �� a 4Y4444444444044444444004444444w4444444mm4444 �� pY� 44mo4444444444444444444000444444444444000w4 f ooeeee4o400weeeo4moeeoo44444444oeeeee000meeo 8 N 44444440444444444444000444404444444444w44444 44444444444004440000444444oa444440044044004 a�� e Leolll�yeeoo44eeee4000eee4444eee4444e4eee44 � �p 88c SL 4t4 4 YYNMYw4+ZM MIaNttaaaaaaaaaaagYwYY44044444a + 5 �00440444���geeeo �. �.wssss�swwms40000ee00000ee N�g 4Yttrrrfd44++pNNN�S{i-T3NNNNNNrYN if�YYbWp4�rYaaj+j+ $a rP m z my ��n �r�n Na mm11 p�m Dr C �z gcz O� o� 2 K rMA 9 dd��!&3SEE6SSfifR�b1R1'�tl�B1�1aEi1'6�fS�2io'w�aa:c:N�eer�ww�mNi f�I��� � gggxg§ag�$�e��g�gggggggg s44��g§ggagggsaagaa ra s Sasssssssss "s s s"sss fit g44 99 3g Fit' �YB�P��VL���P+N3tlaw�POP�u��ilip����{0���06`POP � Fill 11 ilililallillif Fill ffiff O N ■V7pC� wP�sYye+bVwiNP►►raOYY N�aPpOtlPOPOrr� R w�ErS�� r 9�g�r�gs ��4�s g�gS g�g�gs sS��N��� � a w V�PV• g +i ggNqNNNNN-------------N"NggNNNNNNgNNNNNq eeeeg�000�eeeooeeeee0000eeeeee00000eeS000eee 7 oeeeee00000eeoee00000eeeeo oo.00000.00OOO.00O oppps oeee00000eeeeee000eeeeee000eeee000eeeeeooeee 0 8888 pie 00000000000000000000000000000000000000000000 +3`i e Yeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee000 mRp R��;S a pY 00000000000000000000000000000000000000000000 " `� O OOCGOQOOOOOOOOOOOOOOOOO 6e0O-0O OO000000 OOOOOO �a 00000000000000000000000000000000000000000000 yy�� O OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOeOOOOO ♦a� R9�o loeleeee00000eee00000eeee eeee0000eeeeoo 1 c O .iNNNN•♦♦..��������YYYrPYYYYYwP�•►��� i¢y� �0000�}}�OOOOr"pppOp`d`dPOOOOOOOOOOOOOOOOOO a�p O r♦' P O O++ p N N �] rV M A N p p N b N N N A A u u p tS Y Y u u m W Y y����'� � R so Y 9 [' . ,. 1 a . !":}arc.: .. r MOWNH4 FL I W (305)289-2536 County of Monroe I B� R r Rr, "djkJ- MTWMD MAIL0, r iW' i':: 1131 April i0* John Akins 07 First -' / Y_: KCYL:1 '{! Dear W Akins. 1' 1 1ft: i I f f == ft '+1 Rmmes Dqwbnent applications 07100496, 07100479, 07100485; 07100483. no proposed development in of applications 1 e1 1! ! flood 1":1 1 each m Thwefime., each application has been given these the -4 po'nt assigment for be'mg located in the'r Zone special flood # arm �f i� 11-fJ �sil * IM' ey Schwab, Planning & 0 r r t I 7006 2150 0001.0488 lial a ion -TT IN ��qo 0 .07 wl LAWRENC .K SURVEYORS a ENON • LAND PLANNERS 83266 OVERSEAS FNgfWAY- 19-AMORAOA. FL Me PhOnO ON) 664-0764 FAX (3M) 664—d$16 AMWM Q cram TM CAMMX ANMS 210. AM / ARONALT 1A Y[YaNT . H t r.. aT i N aft II'" SCAM I -.W I , I / LIN& I I LO98 b 21 OW M= 1. 6MM'S ARM TO Dff PLAT IDOOM A4 #COW= W PLAT 8M 3 J PAGE I4i � �a Pc�uc � Io�Na :L_L-j I Oar Alr/ 6 AgrLefrm' !�A' / / I !�i'.1► I /�. k ros a rre f nM AM ti I IAirl fiti PP s CVZ9VTY AV" PP N U, w FYS 1. ALL ROM MAW N® a ! p u� A PM PLAT � OO1tPANY FAT At BMOFsN 4. NO 710113 MAK FBDL L�A7Fd oR SHDYIIE AIONTC- 1>0.v N��OLe o kbxO� is 22,WM �1UY %MT 1aU, Maw ®00. FLA1pD 110. ofv.tQMT WCor TO I MVY 1MAT 1 HU COMSNLM'D IiCNAB FAQ P1AX Na12S129� No 18 K OATS • AFC IIASl� ' AE ! 4E, M;F1 A a= Al M8 W 10 Ic 11 Y.S.L. 111FLN1 L��tH RLR FOMIMRMEM NDWAM- CORM FOR AAT SlY ALP. SET SOON PL4l, P Lr, FJP. FOUND WON 1 9 IONOW ROL 1 "mw CMM TMAT AY0 away la FA1.DL F D MAX AND SAAOWM F4A offANO CRomK PORT AS UT FOIM m 80" Qv NOMM AL AN PA P. P1 iffir"24r P.C,P. F;;"0 � 10 A P.CPOUT. MW AVPL ASPMALT Far Aare teat 12/4/08 �y �iva r P%Vt PAVVMfT "V. aLVATM - - tAMM4M P. FRANK P L & #Me NOT VALSL U11f M IICALM rig 1 I 4 1 1 I 1 1 04, j•' S:711 I AIVA 1 �i' O 1, _ COUN7Y ROAD +10`06Ou18 -PLam Oiamvmm +1 POINM - CROUP 1 HAWAT +2 PQKM -WND LOAD ROW 175 MPH PER ASCE 7-= +1 Pomm ULTRA LOW VOLUME KLASW FWTUM 1.5 CAL - FUMN TOILETS. " GPM FAUDEM 2.5 GPM +1 POM -SEER RATING >12 +1 POM - 2j= GNAW CWM +1 PORM -FEAT RODOVERY AC - ALTaimin EULIRKM +1 POM -OCEED FLOW ELEVATM BY 13 NCH -2 POM - AE ZONE TOTAL t 10 POM INEW YANK AND La 3HO P8 comomM WITH 3i/8' STm T2` O.Q. mm was NMJLM 131 mwmm "m 1/Y um sapa" UWX WALL$ MID Offt 4` MN so {a ty VAK CAPACRY TO BE UN 2.700 t SrANDARD tJO r to omr dL Yl E >a rYla LAWRENCE.A SURVEYORS • ENGINEERS • LAND PLANNERS 83266 OVERSEAS HIGHWAY, IMMORADA, FL 33038 Phone (305) 664-0784 FAX (305) 664-0818 W uMMM TAB Ama ASM C I D N i lw t* L W. " fLQApA U E law (C) 1 (�• po Mir ~® t f1 lAr.1F !�►g r i f i rr �4� q t5t�Q Ff , C676 ACAS r 1 am (K TO IP I1 is6.40' (M. TO IMP r ffff 4 L LOT US AN V bt.W LOT all. Ali-9 X To TLC PLAT A6 I 4 Asr/MMOM IN MAT $ PACE 141 W WALL II.-M W IH AN 1S1 APn 6t0Ctt 9 V L018 wl AS It PUNT %lK a PAK t4 OF TAB MFAMMM OF g® , SURVEYGR'S N L) ALL FQUNp MA%X NO AiNo Olt OO rAW LET AfMOK 2 ALL AID DRFANCF6 AM PFR PLAT 4.NO UNOOKOMM 00MACOMWK4. FOLt1nA7tOlp Lf1RJILps NA%1KA C too OR p SHOW NEW= 5 BEVAO41 DA711M FL4V-0 96 KIL . 66 RM9D0 tip, ffiEY iQ4s 'L 6A IA OF LOT ANOLLTt + NCMi RM IC 6 6 TtilS N TO COW VAT ! HA4E 1ID 1iCa C70MIWIOTY Nat26t26 PAWEFi_ Nat3� FiieclauE DA B ANO 1NE y0 IN A BASE E�EVA 1t L{ SQL AMEMA ON F.LR MUND OWN ROD, S1 M A1BD sm 110N FX F ME RAW AS WF FORW 6Y 1!$ FLCMA F.N.0. F tWt. Altp D F41, FOlkm ANO d6K. Pia 6 W -4. MMWEVM WA COOS, FM P.R.M. LE Lia1Lama CAL,QI{M D 1 1 4 MTUTM P.CP. T PdtlT P.4 POiPT P.C. PM OF diRYF Abel. AUM&T � 4 ®'O v PWT. PA4BRR tAWW4CE P. FRANK P.LB #W0 DATE: 10/0/06 P" WAY repo&a". oEV M4 NOR VAM UNUM1aiALd1 r� s I,Rk ILI j I 1 r wi itin At I I I li II I, II I I I I IVAI I Ii II 1a I I I � I ---_--------------- I A i"=:�- r-. •c.' ��:'.�.�,. �� t+ailrl a •' � .aA I a MAY r -O.C• 5 ]I SUBDNMM •I .I' PER = •! 2400 1 GAUAN -.... 7.1 r WAT NECOVEN •M .1: Powrs Not ZONE UN Aw dm aw psi TANK MMMRM WM W/dSTM92' of MM wMDwL fe TAW WNJ.S AND < 1/�° HEEL AYE PK-~ACXM TAW 6Y FLOF40A FM NMD uw TAW aCAPPM FAI w im YMI 2 #1 wi /-PWAB gracm W N 11 r n' Our wdwwurrr LAWRENCE P. M. SURDS • ENGINEERS • LAND PLANNERS M= OVERSEAS HIGHWAY, ISLAMORADA, FL 33030 Phone (305) 664-0764 FAX (305) 684-0816 A DRAM dIF MMAMNM Men= O0bVmjM OCIMMO TOc CAMMM Aaa ALL OF FAT n AM ME NOMMY kE KW LOT 24 Vffl"w� IM Y 17.09' SP FAT 2e, MM 1 MVOROMD N PLAT BOOK 3,, PAN 141 OF ihi PJIUC f s. �e COUNTY. FL411pA C�A1TY, Fi A VOW TO AM N OM TM Y 12W Of LOM 23 k 24, BLOCK 1, pfcamm AM 44r,VAwl , 00A1E flaw Awl is ` 20' * 10 ' 88 (P} 1 IM41. OL TO 1�Ilia9j I AMIAAWIffff mw 2 14.740 ML rT. J MMS AWN ArJF 9 / r Charm oe! !¢ 1a.aa° xp %� XrOrMr# \ 1.0 Awl d�i4 JAr�' I \ J�1-------------�— t Arf 1 1 i 1. ALL MMM FOYMO HA%c RD mmm onolan MWV4W00 COMPAMY [7UPT AS DOW ALL KAMM AND ONFAMM ARE MMM PFA RAT 4r MO emmm VOUNDAMIS ON a B.IUM= MTIM "V0. ISMMJLL i RA It4t01! iM% i1C11.90As BA= OF LOT MqM m > RAT. 0. Tm 0 TO COMY THAT I HAIR T0: FLOOD NA?Jlllp MIP, Na12a12! PAM€L Na132>! K 1R L1A >! MD 7M€ HERFOIF ib N ZaNi3 K 1t VE. WTH A A e b' M 11' 11IL. FJR MIND IRON ROD, '- T� ••• , FOR MMARY Mm UP. UiT M PIPG 1 Pd 0 ! 1 O f THAT TB! iA Y Mhg10 TK FJP. FOUND �1 TFa BT N IIiT PoRM BY TIIF RJLmA FAA FOUND RAIL AND ( O AofMilt .LLL FOUND mcim MO IBIL PLS • pAT� 7-6, 1P1R 4 7. ib A" POINTPA. POBBT P.C. P=T OF CUIM A°�/�PaK ASPHALT aii 1 4 P.411L POW SP ICE P. FRANK PA..a 15T SAY �A JI N/4e10 OATL 10/•/bs NOT VALID UMLM BEAM Ed, | � . ~~~�� -~-- -- -- -- --_- -- m 1f t •.�.- c - - 6,- +10 POIhRS - PLA"m S{A9OM$gN +1 Pows -GROUP 1 MMAT +2 P01MM - WINO LOAD RAYING 173 MPH PERASC7C t1 POMS ULTRA LOW VOLumr F2 -FLUSHT06S24 FAMETS.5 SHOM t1 POdNTS -SEER RATMC >12 +1 PMTS _ SECONOMY WATER SOURCE 2.500 CALLOW CMTERH c• �R +1 PONTS - HEAT RECOVERY AC - ALTERNATM ELECTRICOY +1 POMM - DMEED FLOOD ELEVATION BY 13 V CHES v -6 PO NTS - VE ZONE TOTAL s 12 POWTS LA•� "?1 #t sm TANX AND LID 3M FSI IX%/fwm 'IAWRENCE P. Yk .YX SURVEYORS • ENGINEERS • LAND PLANNERS 83266 OVERSEAS HIGHWAY, IS.AMORADA. FL 33036 Phone (303) 664-0754 FAX (30) 684-0816 AWA My COMM TM CAI DACE RIMS MOMMEa�E DEimpnow aaOOSMSCT a I.0 T aIJTI:K ,. S w To OWN T M tar, 23 2OFAFOL ., eLDa ,, ' IMAM r-3lY �I� IAVff Aurl i ,aoo' (P t ,� 'fir gamine \ Sp Iffff Awl 1 4 r rLA d s SCAM ft FT. / 0.337 ACRES AO%6 Awl 23&* OA 70 uru) J V or R/M pp BEM S.) ALL CMM FOUND HAW Mn Nt=M DEMMUM at C MT DOWT AS OMA ' 00 BBTAHM ARE PER PAT ALL BEAM= T9, FU7MBAT aR VTilIM HAVE BM to � M Stow yL4F AS t iM7tmpi -wAY Ad�9/ORww RMMD T k � MA1M RLQYd. 1!m„ Y,e,,. . 0.4 fl.N0.T0 SADI 6L1L�S0.41 LOT AMU$,E1 . . F10RN SC.YED FRM PLAL b 1HiS 47 1a �llF1* THAT / HAV! D0 lLTFb 7F� TKib FLOCO HAZAM NARY NAP, NaS28128; PANEL NaS3$B H, yE GATE 2/'IS /Wp Tye ' TO aV 7�IIES y�T}I A BASE A , & SS' Y.SL ATION D: CENWED FOR BOUNDMv amWY FJJ, FOU M M RM S E NOCATED SU9C: SECAOk F4F. StT EMI PIFL__1fY PJ$ peS® Tim. TpkIAM I OlRTIiY THAT TIaB idIRMY SHE F J FCtIID Mt � SIB IiB A7EO R1,Y RAW.'E ST AS i!T FORTH BY SHE MMMM FJd o. FT�p oAM. AND OODt RMA F F &NA MET MAL AND • PLS ii6to PL1 MUM ♦.Q JU0 . AmA N PL Y Le MOTION 474M. nMM STTA P.CP. 1 PONT Pi. POSIT or COV. COMM lov-4� P.C. POW OF CJR1£ ASPM ASPHALT Pere *My 1214AM R/M R1�1T-QF-MtAY E1fV ELEYA LA P. PRANK P"j�6,S DATE; SDIaIIn TYP. T"WAL NOT VAUID UNLESS UALM Nk.,R v m/ cjV% -- I g®® ® j r 'e !a 0 1- 0 • + 1 t + r r + �. a+ar: •�r 11- � MII 1 :If 1 A. /.Ililr Y. f! ; fll 1: ' / Illl :•;1 • f -•:1 : •'111 : 1 • 1. ' 1 1 .^: r:1 1 1 :rl 1 4. 1 / I [-I. June 3, 2009, pursuant to 11 - '.. 1 _/ r-- outlined n 1 me . :. Section and 1 Monroe County Planning A d 11 :•€ 11 I 1._; _ _ 1 r 4 meeting 1 et f held nl u:11 i 200, r/ 1 /L .rte r f1 I -:-1 1 !!: reWew, diSca&% and maim • ll_. motions 1 / R:. './ / l.r Irll die Dwelling 11 Alloication :II 1 I' The 7WMWd= -r! / .iRes'dandal Dwelling _UJOil EVONWiOn 1 • Quarter h'1 1 1 FA - 1w/ County n :!1 1 11 1 Illt./ ,1 l dated 11 - 2009, . :11 which -'1 1 findings of and conclusions •rl N ::1 1'1 Of law 11: / 11111 m1: I adopts / A: its own; trldd. • 1 .'I1:l:1 1 1 7 11 - 1 1 • 1 it • .j.elA f l lri=w_ 1 111 s '.:I / 1 f:: 1:- • 1 ' I I • II. f! 1 '! 1: M. Baud upon do written ^: /m• f 1 Towngley Sdiwab, Director 1 f Plarudng Environmental Rmurces,the 1 it 1 •: Commission hereby • LI 1 In -il. 1 1 / Y 1 [f / I...::_ r 1: 1 11 1 ' 1. Idol wl s 1 approves Allocation, Ranidnp d'. u c i ,• .rr" 11 1 s , Dwelling Units to applicants ranked One (1) through en S ul1 Rift :1 Ie • I 71I 2. Based upon 11 : ..I 1a:i I11 1' 1 TownWey Schwab, Director :1 planning B1 1.11 If -i IJ1al Resources,11 planning Commission hereby :11 4i 1 h recommendation by *A i--Y111. 1 in Y " Environmental Resources 1•/ Want is Allocation :::1 Ilan .+s 11 11 1: . / Name Key .1:- 1 :1et .4te Dwelling 1 _ Units to applicants mdwd 1n through 1 and 3. Band up= the written testimony of Townsley Schwab, Sr. Director of planning ]3avironmental J-:::1 II Y the Planning Commission. hereby -hl 141l1 -SI 1 i on by tl : D1 till: 1 a.::i111 1 Resourcesf1 •J J I I; 1 Y:.:1 / l Ranhngs 1[ *0 Upper Krys suberea. i/1Marl* J Dwelling Units to applicants ,i/ rl one through fifteen and Based upon . 11 1 1 11:.: ::.,1 testimony of Townsley Schwab, Director !: Planning '_ 1 " Iru1 /Ifl 111:: .Resourcea611 .fInin 1.14111 1 # hereby approvesII. recommendation f Itl tl. 1.1 t F I 1.1 a 1 eYtll. / Planning 1 1 1 11 -'If/. .., 1.. i Y t: 'J Jl} Allocation i..l A 1 'l;: 1 theUpper (Administrative 1 _it -1 .i is f/ .i: Rate Dwdling Units to applicants ,fl rl onethroughfifteen and 5. i Sf upon 11. ::wnttm {_.: I.:If 1 / 1 ' lf: Sclwab, Sr.1:-M / 1 planning Environmental Resources,11 : .t lklill Commission hereby qVwvwII :: 10.1 IIItI .+1 1 1 o.1 1 &e SrDirector .eY • : 1 11:11 1 ` Environmental zero 0)AllocationRankin = SI the Lower :n/Upper Krys o1 median1. Dwelling ll l a:. 11 1Y•:I 'o tl cif t,:1 1 i/ units; and 6. BMW upon ! the 1{_1 1.,' ItJ:l,l ! 1 TownsleySchwab, Director 1 planning 1 / I1: / nt Resources, .: o. 1 y__ 1 vi a i :•. It1:lr1 1 1 hereby .il t1 / li":: Ylllilfl �•1,/ : 1 1 1 by 11. Director .. r•M 1.: of . I.T.1 f F:/ill ! 1,1 ;1 1 _, to `J . • +I7, zero �.:Allocation •:�:1 .1 I SI theLower.li1 t 1 -ys /s the,,11 I:/.i.i :i categoryincome for Affordable Housing Dwelling Units, and Based l:l L 1 the If_.:i t0stIMOnY / Towndey Schwab, 1 1 till 1 :IIL{.: I ' 1' _ •. Resources, 11 = 1 li 1 Commission hereby approvesII •'Y/ 11J 11 adedon by I1Sr. DiractorPlanning a 1 1 .11{/ mW -_ / reft to VW zero 4 Allocation Rankingsforthe ' it l 1Name Kvfl miberea. 1 Il low, low. . .. .' median income 11 -category for AffordableHousing Dwelling .� BasedS. upon 11written i 1:1. 1 1 1 Townsley Schwab, / 1 ttl! 1..:: Planning Environmental no 1 1111 e1 I: Re sources, ti 1 Ye the nilI'. : Commission hereby 'approvesI1,,. recommendation 1 11 Director EnvironmentalResources 10 ili zero F Allocation Rankings #1 the Mae/No I I - 1 themoderate income category for Affordable Hoining DwellImS Units; and 1 Iflt I" Nor? _ '1 1 NOW TEZRMIORE BE rr RESOLVEDPLANNING• If OF ±• f'COUNTY,1 (I I that i .i l " •no+fllr r •b� rsrCondusions Raukings for Quarter 3 Yew 17 and as submitted by the Sr. Dhxur of pla=iAg & n` ! r lullmWResouroes. Lower (iwdmM Keys Sr r]I'all :: r.. 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SECnON OF # ! lit ' ' �'..; ' t •' ' illll it .' �'+ . 1 11 ^M1 ): �:: .: 1 { F..: I Ear AI n-1 11'. 17 - ' :1111111: 1 i11a1 .'^: •:1 " `1 .�, 11 % •• r 1{'I • b:7:1 1 1 . _31:n •I1 I 1 r I :{ 1 ,. !'! I 111 :11:: rl 11 1 1 «.a 11 !:: I .y 1`: III •: 1 1 4 1 -7 I 31 •. /.1 F , •M1` ' the • 11 i::COUntY .Il1 11 ^ :fIllil 1 1 1 I - _& regularI 1 I lk meeting • heldon Scptember2009, h1i1.1 .:-1 public I --a 1 toreview,W'. ad I d 11 : :- 1 111 motions _.'ti:` I 11 the• 1 Iln 1 oiV, II 1 1 ' :11 • ' gpor4 and WEMRRAS, the I:. .1111 1 Commission was /1 -5f1 _1.: with the11 1 1 "M. 1 memomuhm mdded Residential 1 Yea 17. i 1 lim. TOWMIcy DbvcWr of :If if 1.g O:N1 { V 11 the 1: /11.1: 4 •:. I/ :..11 11 1 Commission, llll l: f I: dated August / 2009, .In1 which rep1 fin&W of i:'..Iv and conclusions oflaw1 is Cmmfmcm adopts by t rence, as its own; and 2. The 1..:11teghmony the 1 11 1 County f 1 "w:li •:: Esquire, and_ 1I ..:1 1 •.t. 1 Istaff 1 1:: V:•: 11111 -1 f. 1 1. :111 1 • i. LIJ r#..:110F.Itz1 - ':,Il, 1 II1J 1111 1 ! I :I:1 :7: - 1 Dirac 11 1 :Ilil:lll ..'� EnvironmenW Resources.the 111i11 ,` Cmmission ;S 11 11 .{:!. T ;,• 1 i I the Direew1: :li :Il 1 ' _ - 1 1 1 11m{ 1. _v 1 rVw 11. .f .I R Allocation Rankings l 1- Lower 1 ' .11 / f ' ::: 1 '. Units to awlicsaft .31 -1 onethrough 11 irtraix l : and W I HI lIN/ 71 I .:I! 1'1 1 `: 11 11 1; II :11 1 i II 11 I i HI 11 ':fl •'r 1 .1 R 1 I : 11 i 4 11 rt{1 _•O, 1. :::1 1 4=•.: 1 'J _ 11: .11 7s 11 II::.,.R' 11' t 1111:1 -•! 1 :1/. 1 1 1 11 :1 ..Mf1: t �:rl=I 1 : 111111 .t:ll: �. :� I r f1 'I .11 1. ' .1 _ 1 +, elt �: I /. ':a :I.,1 (H•Ir :+a rl I :; ! 1 '1L ' ul h 1 l'. _:.. 'w _1. I:II I r /f._ •• 1i-1 _.;Ij.:/1 t 1 1 1 "11 - 1 !1. 1..1 _H k: i ' .1 l:fll 1 : r 1 1 1 tl 10"ll r7.77 / : 1 r't Illr _•1ll. 1: 11 1• It '1 U; ^..' 1 1 _ LI:! .- 11 ,1 •. ..all / ► 1 1 k: 11 i" ' I j, 1:, 1 1'. 1 1 llr f ! /1 '- RI.1 -•: 1l.Ih 111 1 I • `l 1 ' I' �....Y: _H / 1: :roll 11 ';! 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OF of Fad gad 1 1 Of 111 the decision 1 AppROVE 1- ResidentialDwelling Unit Year 17 and as submitted • the Y_ 1 1 1 .Ir � , 1 1 1 ti l -ti # f l Y -A. 1 1 1 � ;1111! 1 ' ;� 17 11 =-1 • 1 1 / 1 ' 1 1 1 Market +a, Lower amvmq Keys Mft= Big PimWc Name Keys Upper Keys LWa (Ada, R" Keys chathmIn Wall Man COMMUSIOner Werl Commissioner Arak 30 Commlisloner Cameron CoMmirsioner Affordable Housing Lower do & Upper Keys Big FinaWo Nam Kays tChahvm Wall MAPM comminioner Werung ya CommisCommimioner hale Commlision Cameron CommimlonerLustherg 30 Pkmiing C04PWon of �! 0 Roolution P42-09 Pap 3 of 3 �� iliillilli1911i3331t�iiiii131li�lilliilili at ifiijif"Iifllii! 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Based I •::1 ffic wnttm .., ill{ •:i1 1 Towaky Schwab, Dimcw / :mnM .: 1 111 l -I.1 .i 1 l i'.., the -:I:111 ll 1 11 A:1. l :1 I e .,♦ :{pp : Immmmefladon by _ Dizacm/ -illi A" Envjr=n=WResources / '1:...: 111: Units : 1 ['1 1 /urankiedI1it 1 /gb and Resolution P554N Pop I of 3 V7 11 311 -`1 f /A 1.11. i -I! r! 1 II 1 I c V_Irp 1 ♦ 1•' °i ., L.I. )�' 1 :II f l 1 111/ •li:. gm i'.I 1 I, 11 Y..•I 1 1 r= 1 1 II7 .5: lil•/�r 1:1:- Y I ',I:�I 11 1 f 1 1 / If If f f' ::..11, 1. 1[.a r.- >111 fC 4_'1 1.-.�1lll 1 J A:I 1 l:. 1I :11 1> �•/11111:1_II ! l 1.1 r1 M -« Ir: 1 :l fall f L /:1111 �, / 1 • [1 :111.. mWiLoutgm ♦II f I1 `l:': I f:�� 1 . 1r. 1: I. 1 /.:1 .,.+ .I1: 1 FA li!1 111 11 1 alll IL r'I rf,. rl ._r 1'' "1r rulsPl .T, T.T. vk. Y 7 :I .I L IU .Illh :I1 �I Upper Kar Admial 1 1: 1.. ranbd 1 :1 111 A l : by the .:+ / I t::.V f1 1 Naming•' Resomm. �;�). r'; 1 ra; lu - Ile 111• _• rl f,l I•- 1r � _ ' II 1 dl f `; Lower Omme &P Big Pinaft Nmw Kap Upper •7a m WaU Comm4akwer Cawerm lql. 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The memorandum entitledResidentialDwening Unit Evaluation ROPOMQuarter 2 , Year 18, • 1+. 1 ' lid Schwab, DirectorofPlanning EnvironnxwW Resources, i:/ R • County Planning f t 11. 1 1 datedMarch2010, d whichreporesfindings of and conclusionsR.lawthis Commission i1.,t 1 rderence, as its own; mW swom testimonyA am MonroeCoUrAy f 1 GfManqpnent Division is M.(: comrnents 1 John Wolfe,5 L 1: WHERL48t the Planning Commission makes the following Findings of Fad; upon the written tesdrnony of Townsley Schwab, Sr. Director of Planning LIAO eF:1 11 -I x: 1 •i bthe Sr.Director of Planning EnvironmentalResources 1 pm f Allocation Rankings in the Lower (LowedMiddle) Keys subarea for MarketRate Dwelling Units /: applicantsranked /1through • and I Based upon the written testimmy of Townsfley Schwab. Sr. Di of Planning& 110viromnental Resources, the Planning COmmi8skxL hereby approves the recommendation by the Sr. Director of Planning Environmental Resources to hold Lower (Lower/ e) Key-i Marimt Rate Dwelling Units allocations in abeyance for Rewlution lA Pap 1 of 3 tq applicants ranked eleven (11) th=Sh twelve (12), since the properties do not have tler designations at this time. Once tier designations are finalized, staff will bring the allocalons back to the Planning Commimdon for recommendation of either a %ufficim ranking or insufficient ranking for an allocation award for these or other applicants; 9 3. Based upon the written1:[ 7 Townsley Schwab, Director of Planning -cEnvironmental 1: 4..:. 11 Planning . !1 Commission .1 1.1:1 .1 e1 approves II 41a 111.:-If 1 1: by 1/.: Director :1 Planning li:! 11, Resources 1 •J Allocation Rankings} :1 11 .ig 1...' 1 :11:1, .': I• : .•1:: for .. t Dwell I ::: and Based4. upon 1 the Jw: testimony 1 \ f - 4 I Director 1 a ::..! 1' :I,atal Resources, li..:l 11, PlainrunsCommission, hadby4pproves1 _Y1 11 : I II Director ..;.\ 1: :If 1.: 1 boammWResairces1 grant AllOcAtim RankiW m the Upper Kzys subam for Market Rae Dwelling Units to applicants ranked \, andsix I 1::11 1 : 1 nine f... and 5. -1 upon 11 written testimony of TownsleySchwab, Director of pluming 1 • fluN11tal Resources, / r ! Planning COMMisslon. hereby approves11 _.c III 1 -n1,1 1 / 1 1 11=: Director }: 11:1:. 1 Eavhmmajtal 1: = t hold Upper Keys Market Uing Units /;1.: 1 1m 1 I '. =!I •forapplicants :. _1: one (1) through three (3). five (5). and ranked MOM (12) through titirteen. (13), since die r /'1 .:: 1ies do 1,1 havetier designations at Il tim.Once1::=� designations 1.:: .1..staff will bring Jhe 1 :, \ .: bad o the •. I 1 1" Commission 1n 1., _11 11 Il.ti:l:.l 1 1 I: 1 either sufficient : ! \ 1 '. or 1s:..: }' 1ranking for an allocation 1.:1 awar-d for these or odmr applicants; and \ u l upon lthe written 1o, f/ 1 1: TownDirector 1 Planning Environmental Resources. • n 1 rc 7 Planning 1 11 11 A , 1 .... hereby 1.. approves 1 1 f I: by the / 1 ofPlanning Environmental .. 1' 1 to grant Allocation Rankings 1:: / Upper(Administrative subarea1 r Market Rate Dwelling Units to aWlicants ranked one (1) through f A+ 7. Based a:'.1 dw written 1 // a. / TownsleySchwab, 1 - 4.1 / Planning Environmental Resources. Plannuig Commission haebyapproves 1 v Y:} 1 ef..• /,1 \: the Sr.] f :r \ ofPlanning .` J 1 If: 1! Resources / grant zero (0) Allocation Rankings for the Lower and Upper subarea I the low. low, & median income category for Affordable Housing Dwelling Units; and 8. BasW upon the written testimony of Townsley Schwab, Sr. Director of Plwming '165 I 1 JItel Resources. Planning Commission hereby approves 1.::_ recorrurmaktionbthe Sr. Director of Planning & Environmental a..:. .1 f •:..3, 1 .1..... 1 .Jo Allocation Rankings :.1 's. 1: 11 Lower Ii:\ Upper 1 a.ei the moderate %W income category ibr Affbrdable Housing Dwelling Units; W Rewlution 10 Pap 2 of 3 Baud Y: upon the written testimony TownleyI i Director 1_,:,;. of Planning Environmental Resources, . '..FBI Planning Commissionherebyapproves recommendation by ft Sr. Di=Wr of zero �, Allocation •:a 1 1 •kt / Ili`.Big PlanningI 1, ,:Name Keys subarea in 1 very , low, & median income category for Affordable Housing Dwelling Units; and 1 Based upon the writtentestimony 1 TownsleyPlanning Environmentd Resources, k:._. I1,.: : 1 1 1 Commission : 111 .. / 1 hereby recomma*don by 11+ Director .1d 1 1 Planning subareazero (0) Allocation Rankings fbr dw Big PhwWO Now Keys :, the moderate income category for Affordable Housing Dwelling Units; and der 11� 1 1f , 1 Y111 •�::.: �: is :.1 1 1 1! .: / •.: I I 1 �: : i 1. 1 1 I'I 4:rI I: %ll !i �f:. 1TT lop�M / 1 ' 1 1 1 .' 1 • 111 .tl 1: ^ 1. l: PhMED AM ! 1 1 1 :Inl / Commkswn '1 (Lmma Keys Chairmw Waft1..;, commiwlwwr I 1 W COMMLWiawrmale rA Cownissioner;: COMWMIOWFLUSIberg Chairman Wall comwssloftr Werling Commissioner Hale Cl rion Camemn 1: 1: 1 1: E� 1: 1 c t Planning Commmon of Mo _ ty, Flom . 0 I�j►iti�t�(���I�i��iifiiifiilifill JHii111ft)11 t rr�Et tC ' iiiii(fi(tffff rtr��►E��t QS g S�mmmmwwm3mmrrrrroorr+rrwffimomwrwmrw..wg �' Hall e:a8ili a aaaaaaaaaaaaa �s=�. �aaxa taaarraaaa ffill's � g $$ f ar a rrr flirt IM r r rr fit mr Is w rg�p p omffi#mffirma3rrmamwXawmgg+YffiBEYY+fig+m.. all- g i w r;mrapm +++wwmmmmwwwwwmmmw++++++m++++++mpmmwwwwwmaam mw0 000Egg,EgEgggEEEgBgoomoroom00000gEEEaiESE88EEY�l - r 000000000rorr00000gg���iisi�Et oommmmmomr000mm 0000000000000000000000000000000000000000000000 000m0000000r00000000a00000o0000000000000000000 �eiiQ 000000000000000000 ............ 0 0 0 0 0 0 0 0 o m o 0 0 0 o m m 4 w �y 0000000000000000000000000000000000000e0000eoo0 0000000000000o0000000000000000000000000000000o r. 0000000000000000000000000000n00000000000000000 r ®®rmmmmrmmmmrmmrmrrrr®mmmrrmm®®rmr®®mr®mm®®rrm om����" omomoormoom000+0000mm00000m0000komoroo mmpwwww.am0+rwwwmmmpppa,a aappapaaWmmwwwwmaappao0 +00000mo#�;#000000RE�ggiiE0E1iEE'iffiom0000m000roo�$ �� 0mwrmmmrEg.+.3ffiffiiBIIAYYffiII�ffiAffiffiAIIYQttffiOOmIIiSwYA!!ltYg a � n : � 0 io i A RESOLUTION By THE • ••_COUNTY QUARTERPLANNING COMMISSION APPROVING THE YEAR 18 !r , r { 1 1 1 1) I ALLOCATIONS poR THE , • I'KEYS- t R FOR' AFFORDABLE HOUSING; ALLOCATIONS • _ R I t. ABEYANCE + • I • I , � I. PENDING I. MARKET RATE ALLOCATIONS UNTIL JUNE 23,2010. UPPER KEYS PlMani,, the Planning Commission a Residential Dwaing. Unit AUocation RvWuadan Rqwr4 do Jima 2, 2010, pwsuant to the Procedures outlined in Monroe County Codei AnjoldcA Section 138-26, and 'ed :a 1. Monroe 1 I i County P:1 F1 f ! , held on June 9. 2010, - i I ! N: f1 Public . during 1.: .1 Public motions 1 f F`regarding 1 .:1 - f 11 v':r 11 1 ther � - 1 . discuss,1 ,make .:: Uniti : 1 :1 1 :fl f . a qrt; ad WHEREAS, the - 111 I r ^. / it llI :: 1 ,was P=ented with the fouowmg evidence: Thememorandum -:rl :1: 1 i ::l1 entitled Residential Dwelling ' e:1.' IS1 1 11 Townsley Schwab, Director %' it Resources, '0 the on Iy 1 o111 r': datedng Commission, June2010, IL / sworn testimony 1 y the Monroe County comments Of John DiAsion /lfe1 , Ei 1 and WHEREAS, Planning - 11 " ► illll 1 n makes the following Findings ofFaM I - Based upon the written testimony 111 1 j , TOw-81-Y Schwab RankingsEnvironmental Resources, he planning ComnussionSr. Director of Planning hereby recommendation by the Sr. Director of planning & Environmental appToves the Dwelling Units to swlic the Lower (LOWer/MiMe) Krys subarea for Market Rate 1 through thirteen (51 1 / ., 1. e1. 2. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning Environmental Resources, the planningn8 & recommendation by the Sr. Director of Planning C salon, hereby approves the Lower (Llow /Middle KeysM Environmental Resources to hold et Rate Dwelling Units allocations in abeyance for applicants ranked three (3), four (4) and eight (S), since the PrOPerties do not Have tier Resolution P10-10 Page 1 of 3 dr E Fact / ConclusionsMONRORCOU! 1r : ,,_ , _ _1 r M of n to APPROVE the Residenti Unit Allocation Ranidngs for Quwer 3 year 18 and holding all al Dwelling ■ Lower e Market Apranked three (31 four (41 and (81plicants l continuinght and 1 ter: L the MWket Rate Applications to _ June 23, T 10:00 am as shown on EXHIBIT 'A' attwhed. PAUND AND Upper Awrrm 1 the planning commission of meeting held L the 1 / 1 L county, Tf1 I . , ChahimanWall / I ` 4 COMMissionerHale / I:. / :ICameron COMMbsionerLuidwrg Lower( Affordable Housing & U Keys Big NWWo Nam Keys Cha&vwn Wall Commissioner Werling COmmiWloxer Hale COMM&sion Cameron COmmbiloner Lwtberg 30 Pkaning Co on of monive County FlrridA 0 ! Z • 1 17: Resolution Plo-lo Page 3 of .Y f r d�lb�ir$tlflgletlYtlb�g0iSl�iiGtktlt�7Pl-- r o ..3i�i.s�oi•.r...•»_ � g loan - w Ellie 11,11jr,r111rrr1 �a�aaaa�aa��$aaaa=�a��aa��as�aaaaaaaaaaaaaaa a Its w ``�iitlw • aNgQwffi•wa•v•..»ax•••gS`� a r __-- »ww»ww»..»»w»wNa •oaoSSSgSgoaSSSSgoaoa•a•aoao•o•SSSggggSoogS•ag 00000000"0 oao•o•a000a00000• s ®S�•SSSoSogSg�•ooa•ooa••o•o•a ®s ®•o• 000000000... • o • 0000000000000000 •oo•00000••o•0000•owo N� y ogaogggggooa•ooa•ooa000000000•o•ooa•o•ooa000•o k 6 6 ®V ww »woo r _NNwMNa is M!s g ••®®•• _ •arw:snSwuuuit w"ww 7.:I:i.®:eg j f If RESOLUTION #P24-1 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION APPROVING THE BIG PINE/NO NAME KEY MARKET RATE RESIDENTIAL DWELLING UNIT ALLOCATIONS AND CONTINUING OTHER APPLICANTS RANKINGS FOR QUARTER BEGINNING APRIL 13, 2010, AND ENDING DULY 12, 2010, PURSUANT TO SECTION 138-26 OF THE MONROE COUNTY CODE WHEREAS, the Sr. Director of Planning & Environmental Resources submitted to the Planning Commission a Residential Dwelling Unit Allocation Evaluation Report, dated August 23, 2010 and September 17, 2010, pursuant to the procedures outlined in Monroe County Code, Amended, Section 138-26; and WHEREAS, the Monroe County Planning Commission during a red ublic meeting held on September 22, 2010, conducted a public hearing to review, discuss, and make formal motions regarding the Dwelling Unit Allocation Ranking Report; and WHEREAS, the Planning Commission was presented with the following evidence; 1. The memorandum entitled Residential Year 18, from Townsley Schwab, Dwelling Unit Evaluation Report, Qum 4 of Sr. Director of Planning & Environmental Resources, to the Monroe County Planning Commission, dated September 17, 2010, and which report's findings of fact and conclusions of Iaw this Commission adopts by reference, as its own; and 2. Staff submitted a continuance request from Mr. Bank Prevetts; and 3. The sworn testimony by the Monroe County Growth Management Division staff-, and comments of John Wolfe, Esquire; and WHEREAS, the Planning Commission makes the following Findings of Fact: 1. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Plaaming & Environmental Resources to grant Allocation Rankings in the Big Pine/No Name Key subarea for Market Rate Dwelling Units to applicants ranked one (1) through two (2) and continued the remaining rankings to the October 6, 2010, Planning Commission meeting; and Resolution P24-10 Page I of 2 NOW THEREFORE BE IT RESOLVED BY PLANNING COMMISSION OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of Law, support the decision to APPROVE the Big Pine/No Name Key Market Rate Residential Dwelling Unit Allocation Rankings for applicants ranked one (1) through two (2) and continued the remaining rankings to the October 6, 2010, Planning Commission meeting for Quarter 4 Year 18. PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a regular meeting held on the 22th day of September 2010. Market Rate Big Pine/No Name Keys sub Chairman Wall M Commissioner Werling yes Commissioner Hale ya Commissioner Cameron YM Commissioner Lustberg M By Signed this 22th day of September 2010 i AFPt'iQVSD 5 TO FORM � AND BY mcy's Offscc Resolution P24-10 Page 2 of 2 ooee0000ee000e��e��r��rr��¢oeoo'oeeeoeee, } t e000eoeooeeeooeeooe000eeoeeooeeooeelltttooye ��- coeeeooeeeooeeeooe000eooeeooeeooeeooee000ee ooeeeooee000e000eeoeeooee000eeooe000eeooeeoo All oeeeooe000eeeooeeooeooee000eeoeeooeee000eeoo �� p e000eeooee000eeooeeoeeeoeeeooeooeeeooee000ee b Nj p O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O w 0 F �jUUJ � 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5f$ oeeeoeeeooeeeo$R��$$17-r7 e ��eeoeeeooeeooeeeoo i�¢¢9¢R99¢eggeeeaooeeooeeoeeeRe�¢=e�'ooe�¢oeee F N nnppNnNanNNNp"""' ^^"--wpNwrndp � rrgraA���A4-°��¢rr.SwN�rwr�s+}n;swrN-d�'w- Ali$ six a 7 + q s p crell'u'rBS$irr8RE$irlif 12A a It 'll s� �nrw vrrwr+e�'.�Ze"'vArypA�AA�AAA�RRERAGAA@vpZY ����� � a� PLANNING COMMISSION MONROE COUNTY October 8, 2010 10:00 A.M. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL COMMISSION: Randy Wall, Chairman Denise Werling Jeb Hale Jim Cameron Elizabeth Lustberg MARATHON GOV'T CENTER 2798 OVERSEAS HIGHWAY MARATHON, FL MONROE COUNTY, FL STAFF: Townsley Schwab, Senior Director of Planning and Environmental Resources Susan Grimsley, Ass't County Attorney John Wolfe, Planning Commission Counsel Mitch Harvey, Comp Plan Manager Joe Haberman, Principal Planner Steven Biel, Senior Planner Barbara Bauman, Planner Gail Creech, Planning Commission Coordinator COUNTY RESOLUTION 131-92 APPELLANT TO PROVIDE RECORD FOR APPEAL SUBMISSION OF PROPERTY POSTING AFFIDAVITS AND PHOTOGRAPHS SWEARING OF COUNTY STAFF RANGES TO THE AGENDA APPROVAL OF MINUTES MEETING Continued items: 1. A public hearing to consider and finalize the ranking of applications In the Dwelling Unit Allocation System for the market rate applications 3-44 in the Big Pine/No Name Key sub -area between April 13, 2010, through July 12, 2010, ROGO quarter (4th Quarter Year 18), unincorporated Monroe County. * 10.01.10 Page 1 of 2 New Items: 2. Circle_K,.92720 Overseas Highway (US 1). Tavernier, Mile Marker 92.7: A request for approval of an amendment to a malor conditional use permit in order to redevelop the existing „gas station and convenience store by removing the one (1) existing fuel pump with two (2) dispensers; constructing five (5) new fuel pumps with two (2) dispensers per pump; demolishing the existing canopy; constructing a new canopy; improving the existing convenience store building; and carrying out associated site improvements. The subject property is legally described as a portion of the East 1/4 of Section 27, Township 62S, Range 38E, Key Largo, Monroe County, Florida, and Parcel 2, Tavernier Boat Basin, PB4-147, Key Largo, Monroe County, Florida, having real estate numbers 00089480.000000 and 00487290,000000. 3. Tavern Stores Chevron. 91860 Overseas Highway (US 1). Key Largo, Mile Marker 91: A request for approval of a 2APS_(beer and wine, package only) Alcoholic Berrerage Special Use Permit. The subject property is legally described as Block 1, Lots 6-14, Tavernier (PB1-105), Key Largo, Monroe County, Florida, having real estate number 00478410.000000. 4. Permit. The subject property is legally described as part of Lots 6, 7 and 8 lying northwesterly of US 1 in Section 22, Township 61 South, Range 39 East, Model Land Company's Plat (PB1-68) less the south 200' and the north 60' thereof, Key Largo, Monroe County, Florida, having real estate number 00086730.000000. 5. Property line In order to construct a building, addition. The subject property is legally described as Block 1, part Lot 5 and Lots 6 and 7, Key Haven Fifth Addition (PB5-105), Raccoon Key, Monroe County, Florida, having real estate number 00136830.000000. If a person decides to appeal any decision made by the Commission with respect to any matter considered at such hearing or meeting, that person will need to ensure that a verbatim record of the proceedings is made; such record includes the testimony and evidence upon which the appeal is to be based. Pursuant to the Board of County Commissioners' Resolution #131-1992, if a person decides to appeal any decision of the Planning Commission he or she shall provide a transcript of the hearing before the Planning Commission, prepared by a court reporter at the appellant's expense, which transcript shall be filed as a part of the appeal within the time provided in Section 102-215 of the Monroe County Code, amended. ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate fi this proceeding, please contact the County Administrator's Office, by phoning (305) 292-4441, between the hours of 8.30 a.m. - 5.040 p.m., no later than ten (10 calendar days prior to the scheduled meeting; If you are hearing or voice Impaired, call 11711 ". BOARD DISCUSSION GROWTH MANAGEMENT COMMENTS RESOLUTIONS FOR SIGNATURE ADJOURNMENT * 10.01.10 Page 2 of 2 i EXHIBIT rr PLANNING COMMSSION October I 1 Meeting Mnutes The Planning Commission of Monroe County conducted a meeting on Wednesday, October b, 2010, beginning at 10:03 a.m. at the Marathon Government Center, 2798 Overseas Highway, Marathon, Florida. 1 1 1 ROLL CALL by Gail Creech PLANNING CONINUSSION MEMEBERS Randy Wall, Chairman present Denise Werling Present Jeb Hale Present James Cameron Present Elizabeth Lustberg Present STAFF Townley Schwab, Sr. Director -Planning and Environmental Resources Present Susan Grimsley, Assistant County Attorney Present John Wolfe, Planning Commission Counsel present Mitch Harvey, Comprehensive Plan Manager Present Joe Haberman, Principal Planner Present Steven Biel, Senior Planner present Barbara Bauman, Planner Present Tiffany Stankiewicz, Dev. Administrator. -Planning and Environmental Resources Present Gail Creech, Planning Commission Coordinator present COUNTY RESOLUTION 131-92 APPELLANT TO PROVEDE RECORD FOR APPEAL County Resolution 131-92 was read into the record by John Wolfe. SUBMLSSILON OF PROPERTY POSTING AFFIDAVITS AND PHOTQgRAPHS Gail Creech confirmed receipt of all necessary paperwork. SWEARING OF COUNTY STAFF All staff intending to speak were sworn in by John Wolfe. NEWUTES FOR APPROVAL Townsley Schwab requested a deferral of the approval of minutes to the next Planning Commission meeting. 1 CHANGES TO THE AGENDA Item No. 4 was rescheduled for the October 19, 2010 PIanning Commission meeting due to a revision of the application by the property owner and the need for a re -advertisement. lolplwylo Continued items: 10:07 a.m. LA_ public Dearing to consider and finalize the ranking of applications in the Dwelling Unit Allocation System for the market rate applications 3-44 in the Big Pine/No Name Key sub -area between April 13, 2010, through July 12, 2010, ROGO quarter (4t' Quarter Year 18), unincorporated Monroe County. Susan GrimsIey informed the Commission a representative of a person who has an equitable interest in the property has requested a continuance. The representative was informed, and understood, that the Iast meeting at which this matter could be heard is the October 19, 2010 PIanning Commission meeting. Motion: James Cameron made a motion to continue this item to the October 19, 2010 meeting. Denise Werling seconded the motion. There was no opposition. The motion passed unanimously. New Items: 10:09 a.m. 2.Circle K. 92720 Overseas Highway (US 1).,Mile Marker 92.7: A request for approval of an amendment to a major conditional use aermit in order to redevelop the existing gas station and convenience store by removing the one (1) existing fuel pump with two (2) dispensers; constructing five (5) new fuel pumps with two (2) dispensers per pump; demolishing the existing canopy; constructing a new canopy; improving the existing convenience store building; and carrying out associated site improvements. The subject property is Iegally described as a portion of the East 1/4 of Section 27, Township 62S, Range 38E, Key Largo, Monroe County, Florida, and Parcel 2, Tavernier Boat Basin, PB4-147, Key Largo, Monroe County, Florida, having real estate numbers 00089480.000000 and 00487290.000000. John Wolfe ;informed the Commission that a phasing plan with a Ietter explaining the plan had been submitted. The size of the canopy has been cut back to Iess than 2500 square feet, so that the applicants will only have to go through one NROGO period as opposed to two. (10:15 a.m.) Steven Biel stated there has been a revision to the revised site plan. Mar. Biel then presented the staff report. The recommendation by staff was for approval with conditions. The conditions were read into the record. (10:31 a.m.) Chairman Wall voiced concern about the angle of the turn into the first southbound curb cut, as well as its close proximity to Burton Drive. P1 a Bob Webster of MDM Services was sworn in by John Wolfe. Mr. Webster explained that the first southbound curb cut was to be used by the fuel delivery trucks, as the fuel is offloaded on the right-hand side of the truck, but that the hose could be pulled underneath the truck instead. Circle K would make that change if the Planning Commission desired. Chairman Wall recommended signage directing vehicular traffic to enter the second southbound entrance. Chairman Wall asked for public comment. There was no public comment. (10:39 a.m.) James Cameron stated he felt that what is being proposed is a vast improvement over what exists today, but feels that it is unnecessary for staff to be asking for rationale regarding the number of pumps on the site. Townsley Schwab responded that it has to do with controlling intensities and community character issues. Mr. Cameron then stated that the traffic studies available are outdated and are of counties that are much different than Monroe County. Elizabeth Lustberg asked for confirmation that there was no response from the letters sent out to the community. Mr. Schwab confirmed that. Mr. Cameron asked why under -canopy parking spaces were not counted as part of parking. Joe Haberman explained that there is no parking standard for a fueling station in the code, so a shared parking calculation cannot be done and, therefore, the convenience store has to be treated separately. Chairman Wall stated that he would feel more comfortable if in the major conditional use there was a clause that said the first southbound curb cut was set up to be a left-hand exit only. Mr. Webster said that would be fine. (10:51 a.m.) Motion: Chairman Wall made a motion to approve the staff report and conditions, with the addition of making the first southbound curb cut on U.S.1 a left-hand exit only. Elizabeth Lustberg seconded the motion. There was no opposition. The motion passed unanimously. 1.0:54 a.m. 3.Tavern Stores Chevron, 91.860 Overseas Highway (USI), Key Largo. Mile Marker 91.: A request for approval of a ZAPS (beer and wine, package only) Alcoholic Beverage Special Use Permit. The subject property is legally described as Block 1, Lots 6-14, Tavernier (PB1- 105), Key Largo, Monroe County, Florida, having real estate number 00478410.000000. Barbara Bauman presented the staff report. The recommendation by staff was for approval with conditions. The conditions were read into the record. Chairman Wall asked for questions from the Commissioners. There were none. Chairman Wall asked for public comment. There was none. (10:59 a.m.) Motion: James Cameron made a motion for approval. Jeb Hale seconded the motion. There was no opposition. The motion passed unanimously. P N I " r S.Liszka Residence, 58 Key Haven Road, Raccoon Key, Mile Marker 5• A request for approval of a variance of two (2) feet to the five (5) foot required side yard setback along the northwestern property line in order to construct a building addition The subject property is legally described as Block 1, part Lot 5 and Lots 6 and 7, Key Haven Fifth Addition (PB5-105), Raccoon Key, Monroe County, Florida, having real estate number 00136830.000000. Joe Haberman presented the staff report. The recommendation by staff was approval with conditions. The conditions were read into the record. (11:04 a.m.) Owen Trepanier appeared on behalf of the property owner. Mr. Trepanier was sworn in by John Wolfe. The property owner, Joe Liszka, was also present. Mr. Trepanier presented to the Commission the proposed site plan and the existing site plan, and he explained that the covered deck area on the existing site plan was being replaced by an addition to the property. Mr. Trepanier informed the Commission that the architect has, in fact, coordinated with the fire marshal regarding this site plan. Chairman Wall asked for questions from the Commission members. There were none. Chairman Wall asked for public comment. There was none. (11:07 a.m.) Motion: James Cameron made a motion for approval. Jeb Hale seconded the motion. Elizabeth Lustberg asked if any of the neighbors had anything to say about this. Joe Haberman answered that a letter was provided by the neighbor on the opposite side of the addition stating they had no objection, and that nothing was provided by the neighbor in closer proximity to the addition on the property. There was no opposition to the motion. The motion passed unanimously. (11:09 a.m.) Elizabeth Lustberg asked if canopies are looked at the same way as regular floor space regarding NROGO. Jose Haberman answered they are the same in terms of NROGO, but they are different in terms of density calculation. Mr. Haberman explained that the way NROGO is phrased and defined in the code, all covered areas are subject to NROGO. The reason behind NROGO being set up this way was discussed. Elizabeth Lustberg asked if this issue would be looked at when the comprehensive plan was being worked on. Joe Haberman stated that the comp plan policies that relate to NROGO are broader, but that it could be addressed forthwith in the LDRs if it was felt to be necessary, or it could be addressed when a rewrite of the LDRs occurs. Townsley Schwab is hopeful it will be able to be addressed without waiting for the comp plan. John Wolfe informed the Commission that the 2500 square foot limit comes from the LDRs. Commissioner James Cameron asked when Parrotdise Bar & Grill will be on the agenda. Joe Haberman answered that it will be put on the agenda for approval of the NROGO allocations for that quarter, but it is not know when. 0 0 Chairman Wall asked when the calendar for next year will be established. Susan Grimsley explained that a tentative schedule is made at the end of November or the beginning of December, but that it is dependent on room availability, which is based on the Board of County Commissioners' schedule. Townsiey Schwab introduced the Commissioners to Ray Ortiz, an emergency temporary hire as a planner. Mr. Schwab then explained to the Commissioners that the packets for the next meeting will be submitted ten days prior to the next meeting as opposed to at the close of the prior meeting. Commissioner Cameron requested an agenda be provided at the end of the prior meeting. Elizabeth Lustberg requested her personal e-mail be cc'd on any Planning Board e-mail. Susan Grimsley requested e-mail addresses where the forwarded a -mails should go to be provided to Gail Creech. Chairman Wail asked if there is a regulation for staff reports to be posted on the County website. Susan Grimsley explained that the only requirement is the notice of public hearing, and everything else is posted as a courtesy. GROWTH MANAGEMENT COMMENTS (11:27) Mitch Harvey reported that last month the Board of County Commissioners approved the compilation of report to be transmitted to the Department of Community Affairs. Also, a second iteration of the existing conditions of the technical document update has been received, and the future conditions of the technical document are expected to be received October 18. When that draft is complete, a workshop with Keith & Schnars will be scheduled for January. The Big Pine Key Rotary Club has been provided an update on the plan by Keith & Schnars and Mitch Harvey. ADJ,O NT The Monroe County Planning Commission meeting was adjourned at 11:30 a.m. 0 *AGENDA PLANNING COMMISSION MONROE COUNTY October 19, 2010 10:00 A.M. PLEDGE OF ALLEGIANCE ROLL CALL COMMISSION: Randy Wall, Chairman Denise Werling Jeb Hale Jim Cameron Elizabeth Lustberg MARATHON GOV'T CENTER 2798 OVERSEAS HIGHWAY MARATHON, FL MONROE COUNTY, FL STAFF: Townsley Schwab, Senior Director of Planning and Environmental Resources Susan Grimsley, Ass't County Attorney John Wolfe, Planning Commission Counsel Mitch Harvey, Comp Plan Manager Joe Haberman, Principal Planner Steven Biel, Senior Planner Barbara Bauman, Planner Gail Creech, Planning Commission Coordinator COUNTY RESOLUTION 131-92 APPELLANT TO PROVIDE RECORD FOR APPEAL, SUBMISSION OF PROPERTY POSTING AFFIDAVITS AND PHOTO -GRAPHS SWEARING OF COUNTY STAFF CHANGES TO THE AGENDA APPROVAL OF MINUTES MEETING Continued Items: 1, A public hearing to consider and finalize the ranking of applications in the Dwelling Unit Allocation System for the market rate applications 3-44 in the Big Pine/No Name Key sub -area between April 13, 2010, through July 12, 2010, ROGO quarter (4th Quarter Year 18), unincorporated Monroe County. * 10.07.10 Page 1 of 3 New Items: 2. D-Hooker Snorts Bar & Grlll, 102250 Overseas Highway_ (US 1), Key_ Largo, Mlle Marker 102: A request for approval of a 5SRX (restaurant, no package sales) Alcoholic Beverage Special Use Permit to replace an existing 2COP (beer and wine, on premise and package) Alcoholic Beverage Special Use Permit. The subject property is legally described as part of Lots 6, 7 and 8 lying northwesterly of US 1 in Section 22, Township 61 South, Range 39 East, Model Land Company's Plat (PB1-68) less the south 200' and the north 60' thereof, Key Largo, Monroe County, Florida, having real estate number 00086730.000000. 3. The Shell Woman Inc., dba the Shell Man, 92439 Overseas Highway (US 1). Key Largo, Mlle Marker 92: A request for approval of a 2APS (beer and wine, package only) Alcoholic Beverage Special Use Permit. The subject property is legally described as Parcels A and B, part Tract 2, Plat of Survey of the Ellis Property (PB2-99), Section 27, Township 62 South, Range 38 East, Key Largo, Monroe County, Florida, having real estate number 00490210.000000. 4. Sievers Marine Inc.. 21 Garden Cove Drive, Key Largo, Mlle Marker 106: A request for approval of a 5SRX (restaurant, no package sales) Alcoholic Beverage Special Use Permit. The subject property is legally described as Block 7, Lots 18 through 23, Ocean Isle Estates (PB5-14), Key Largo, Monroe County, Florida, having real estate number 00539850.000000. 5. Walgreens, 30351 Overseas Hlghway (US 1). Big Pine Key, Mlle Marker 30• A request for approval of a SAPS (package only, included beer, wine and liquor) Alcoholic Beverage Special Use Permit. The subject property is legally described as a tract of land in part of the southeast quarter of the northwest quarter of Section 26, Township 66 south, Range 29 East, Big Pine Key, Monroe County, Florida, having real estate number 00111690.000900. 6. Non -Residential Floor Area Allocation: The Planning Director is requesting recommendations from the Planning Commission, to the Board of County Commissioners, for the amount of commercial floor area to be available for the annual NROGO allocation for Year 19, beginning July 13, 2010 and ending July 12, 2011. 7. AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING MONROE COUNTY CODE SECTION 101-1, DEFINITIONS, AND SECTION 130-187, MAXIMUM HEIGHT; PROVIDING CONSISTENCY BETWEEN REGULATIONS REGARDING HEIGHT IN THE LAND DEVELOPMENT CODE AND POLICIES REGARDING HEIGHT IN THE COMPREHENSIVE PLAN; PROVIDING CONSISTENCY BETWEEN THE DEFINITIONS OF HEIGHT AND GRADE IN THE LAND DEVELOPMENT CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS AND THE SECRETARY OF STATE; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. If a person decides to appeal any decision made by the Commission with respect to any matter considered at such hearing or meeting, that person will need to ensure that a verbatim record of the proceedings is made; such record includes the testimony and evidence upon which the appeal is to be based. Pursuant to the Board of County Commissioners' Resolution #131-1992, if a person decides to appeal any decision of the Planning Commission he or she shall provide a transcript of the hearing before the Planning * 10.07.10 Page 2 of 3 Commission, prepared by a court reporter at the appellant's expense, which transcript shall be filed as a part of the appeal within the time provided in Section 102-215 of the Monroe County Code, amended. ADA ASSISTANCE: N you are a person with a disability who needs special accommodations In order to participate In this proceeding, please contact the County Administrator's Office, by phoning (305) 2924441, between the hours of 8.30 a.m. - 5.00 p.m., no later than ten (10 calendar days prior to the scheduledmeeting; N you are hearing or voice Impaired, call "711 ". BOARD. • RESOLUTIONS FOR SIGNATURE ADJOURNMENT * 10.07.10 Page 3 of 3 Creech -Gail From: Grimsley-Susan Sent: Tuesday, October 19, 2010 9:50 AM To: Creech -Gail c: Stan kiewicz-Tiffany Subject: FW: Mr. Akins Authorization Attachments: Third Party Authorization for JA.pdf Please put in electronic and hard file. Susan Grimsley, Asst. County Attomey 305-292-3470 From: Ray Garcia [mailto:rgarda raygarciajaw comi Sent: Tuesday, October 19, 2010 9:49 AM To: Grimsley-Susan Cc: Alexis Rodriguez Subject: Mr. Akins Authorization Ms. Grimsley: Here is the authorization from Mr. Akins Ray Garcia, Esq. LAW OFFICE OF RAY GARCIA, P.A. 14850 SW 26TH STREET, SUITE 204 MIAMI, FLORIDA 33185 T: 305-227-4030/F: 305-223-9811 Board Certified in Real Estate Law This message is for the named person's use only. It may contain confidential, proprietary or legally privileged information. No confidentiality or privilege is waived or lost by any mistransmission. If you receive this message in error, please immediately delete it and all copies of it from your system, destroy any hard copies of it and notify the sender. You must not, directly or indirectly, use, disclose, distribute, print, or copy any part of this message if you are not the intended recipient. THE LAW OFFICE OF RAY GARCIA, P.A. reserves the right to monitor all e-mail communications through its networks. Any views expressed in this message are those of the individual sender, except where the message states otherwise and the sender is authorized to state them to be the views of any such entity. CIRCULAR 230 NOTICE: To comply with U.S. Treasury Department and IRS regulations, we are required to advise you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this transmittal, is not intended or written to be used, and cannot be used, by any person for the purpose of (i) avoiding penalties under the U.S. Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this e-mail or attachment. Please take a moment to complete our Customer Satisfaction Survey- http://monroecofl.virtualtownhaU.net/Palies/MonroeCoFL WebDocs/css Your feedback is important to us! Please note: Florida has a very broad public records law. Most written communications to or from the County regarding County business are public record, available to the public and media upon request. Your e-mail communication may be ;abject to public disclosure. gma"F. The Law Office of Ray Garcia, P.A. Attomey at Law Florida CivilLaw Notary 14850 SW 26" Street 5outLeanDistrictofFlerida ° Suite 104 MiddleDimictofFloride Ray Garcia, eaq. Miami, Florida 33185 Northam District of Ftorida Board certified in [teal Fstate Law Tel: 305.227.4030 Fax: 305.223.9811 114 Circuit Court of Appeals rgarciata`_ ray¢arcialaw.com www.wgucialaw.com THIRD PARTY AUTHORIZATION FORM I, John Akins, hereby authorize The Law Office of Ray Garcia, P.A. and its associates to represent me and speak on my behalf at any all Meetings, hearings, trial and any gatherings whatsoever as they relate to in Residential dwelling Unit Hearings with the Monroe County Planning Commission for Big Pine/No Name Key Subarea Quarter 4, Year 18 reg ROGO Applications 07100486; 07100486; 07100485; 07100483 discuss my case with The Law Office of Ray Garcia, P.A.. I understand that I will be fully responsible for reviewing any information that is sent by Lender to my Designated Agents. This Authorization will remain effective until I specifically notify the Monroe County Planning Commission, in writing, that this Authorization is of no further force and effect. Our associates are: Date: �° ' � 0 Ray Garcia, Esq. Alexis Rodriguez, Esq. Franklin A. Jara, Esq. 0 John Reference: Sig Pine/No Name Key SubarZQuarter4, Year 18 reg ROGO Applications 07100486; 07100486; 07100485; 07100483 STATE OF COUNTY OF The foregoing instrument was acknowledge before me this by me or produced Identification who did take the oath. Notary Public (SEAL) day of who are personally know to respectively and W Ray Garcia, Esq. Board Certified is Real Estate Law Thee, haw Office of R Garcia, P.A. Attorney at Law. _. Suite 204 Miami, Florida 33185 Tel.305.227.4030 Fax:305.223.9811 rMij@MRarcialaw.co www.raygarcialaw.com no" Cavil Law t401ery Southern District of Florida Middle Dimea of Florida Northam Distnu of Florida I I& Circuit Court of Appeals ***Sent Via Fax 305-289-2536 email to gdmslev-susan@monroecounty-fl.gov.; Creech- ilna.m.onroecounty-fl. og`v.*** October 5, 2010 Susan Grimsley, Esq. Gail Creech 2798 Overseas Highway Suite 410 Marathon, Florida 33050 Re: ROGO Applications 07100486; 07100486; 07100485; 07100483 Dear Ms. Grimsley: It was a pleasure speaking with you today in regards to the above ROGO application awards. As I mentioned, I have been recently retained to represent Mr. Holloway, the buyer under contract of the above -property from Mr. Akins. As discussed there is a schedule hearing tomorrow at 9:00arn in regards to the above ROGO Applications. As I mentioned on the phone, I am in Miami and I have certain conflicts in Miami that do not allow me to travel to the hearings. I have attached a couple of Notice of Hearings as exhibits to show my conflicts. I respectfully request that this meeting be continued to the October 19, 2010 date which is still within the sixty (60) day cut-off for finalization of the ROGO awards. I appreciate and thank you for your consideration in advance. If you have any questions or concerns in regards to the above mentioned matter, you may reach me at 305-227-4030. RGI Enclosure cc: Greg Holloway It PLANNING COMMISSION L4- October 19,2010 es 1=-(p Meeting Minutes The Planning Commission of Monroe County conducted a meeting on Tuesday, October 19, 2010, beginning at 10:00 a.m. at the Marathon Government Center, 2798 Overseas Highway, Marathon, Florida. ROLL CALL by Gail Creech Randy Wall, Chairman Present Denise Werling Present Jeb Hale Present James Cameron Present Elizabeth Lustberg Present STAFF Townsley Schwab, Sr. Director -Planning and Environmental Resources Present Susan Grimsley, Assistant County Attorney Present John Wolfe, Planning Commission Counsel Present Mitch Harvey, Comprehensive Plan Manager Present Joe Haberman, Principal Planner Present Barbara Bauman, Planner Present Tiffany Stankiewicz, Dev. Administrator. -Planning and Environmental Resources Present Gail Creech, Planning Commission Coordinator Present COUNTY RESOLUTION 131-92 APPELLANT TO PROVIDE RECORD FOR APPEAL County Resolution 131-92 was read into the record by John Wolfe. SUBNUSSION OF PROPERTY POSTING AFEEDAVITS AND PHOTOgRAPHS Gail Creech confirmed receipt of all necessary paperwork. SWEARING OF COUNTY STAFF All staff intending to speak were sworn in by John Wolfe. MINUTES FOR APPROVAL Townsley Schwab requested a deferral of the approval of minutes. 0 Item No. 4 will be not be heard and will be re -advertised. Item No. 6 will be heard as Item No. 2. Continued Items: LA public hearing to consider and finalize the ranking of al2glications in the Dwelling Unit Allocation System for the market rate applications 3-44 in the Big Pine/No Name Key sub -area between April 13, 2010, through July 12, 2010, ROGO quarter (4t' Quarter Year 18), unincorporated Monroe County. (10:04 a.m.) Susan Grimsley informed the Commissioners that a letter of authorization of representation by Ray Garcia's firm had been received from Mr. Aiken, as well as from the proposed purchaser of Mr. Aikens' property. Alexi Rodriguez, Esq. was present on behalf of Mr. Aiken. Ms. Rodriguez requested an extension of time in order to contest the flood zoning. Tiffany Stankiewicz explained the process of having a property reassessed regarding its flood zone and the effect that has in the ROGO process. Motion: Commissioner Cameron made a motion to approve the rankings as set forth in the staff report. Commissioner Werling seconded the motion. There was no opposition. The motion passed unanimously. New Items: 6. Non -Residential Floor Area Allocation: The Planning Director is requesting recommendations from the Planning Commission, to the Board of County Commissioners, for the amount of commercial floor area to be available for the annual NROGO allocation for Year 19, beginning July 13, 2010 and ending July 12, 2011. (10:15 a.m.) Tiffany Stankiewicz presented the staff report. Chairman Wall asked for public comment. There was none. Commissioner Cameron commented that the 2500 square foot limitation is not needed, as the whole idea of competition does not work, and has not worked for many years. Townsley Schwab stated that options are being looked into to address this issue. Motion: Commissioner Cameron made a motion for approval of the recommendations in the staff report. Commissioner Werling seconded the motion. There was no opposition. The motion passed unanimously. 2.D-Hooker Sports Bar & Grill, 102250 Overseas Highway SUS 1), Key largo, Mile Marker 102: A request for approval of a 5SRX (restaurant, no package sales) Alcoholic Beverage Special Use Permit to replace an existing 2COP (beer and wine, on premise and package) Alcoholic Beverage Special Use Permit. The subject property is legally described as part of Lots 6, 7 and 8 lying northwesterly of US 1 in Section 22, Township 61 South, Range 39 East, Model Land Company's Plat (PB 1-68) less the south 200' and the north 60' thereof, Key Largo, Monroe County, Florida, having real estate number 00086730.000000. (10:21 a.m.) Barbara Bauman presented the staff report. Ms. Bauman recommended approval with conditions. James Lupino, Esq. was present on behalf of the applicant. Chairman Wall asked for public comment. There was no public comment. Motion: Commissioner Cameron made a motion for approval with conditions in the staff report. Commissioner Werling seconded the motion. There was no opposition. The motion passed unanimously. 3.The Shell Woman Inc., dba the Shell Man, 92439 Overseas Highway (US 1), Key Largo, Mile Marker 92: A request for approval of a ZAPS (beer and wine, package only) Alcoholic Beverage Special Use Permit. The subject property is legally described as Parcels A and B, part Tract 2, Plat of Survey of the Ellis Property (PB2-99), Section 27, Township 62 South, Range 38 East, Key Largo, Monroe County, Florida having real estate number 00490210.000000. (10:26 a.m.) Barbara Bauman presented the staff report. Ms. Bauman recommended approval with conditions. Gary Johnson was present on behalf of the applicant. Chairman Wall asked for public comment. There was no public comment. Motion: Commissioner Werling made a motion for approval with conditions in the staff report. Commissioner Cameron seconded the motion. There was no opposition. The motion passed unanimously. 5.Walueens, 30351 Overseas Highway fUS 1), Big Pine Key, Mile Marker 30: A request for approval of a SAPS (package only, included beer, wine and liquor) Alcoholic Beverage Special Use Permit. The subject property is legally described as a tract of land in part of the southeast quarter of the northwest quarter of Section 26, Township 66 South, Range 29 East, Big Pine Key, Monroe County, Florida having real estate number 00111690.000900. (10:30 a.m.) Joseph Haberman presented background information on this property and presented the staff report. Mr. Haberman clarified that the commissioners were being asked to approve the special use permit, not the liquor license, and explained which licenses were quota licenses. Mr. Haberman then summarized the relevant criteria used in approving or denying a permit request. Staff recommended approval with conditions, and added the disclaimer that staff reserved the right to write additional conditions if people came forward and proved they were being adversely affected by the requested use. (10:50 a.m.) Ed Scales, Esq. and Rob Lewis, Esq. were present on behalf of the applicant. Mr. Scales reminded the commissioners that the narrow issue before them was whether the site meets the five criteria for the special use permit. (10:53 a.m.) Bruce Beckner, the store manager, was sworn and described the size of the store and which area of the store would be dedicated to the sale of alcohol. Mr. Beckner also described the services to be provided and the types of products sold at the store. Approximately fourteen Walgreen's employees were in the audience and were introduced. Mr. Beckner agreed to the conditions in the staff report. (10:58 a.m.) Don Craig, Planner, was sworn and presented his education and land use background. Mr. Scales proffered Mr. Craig as an expert. The suburban commercial zoning of the property was explained, and the other liquor licenses issued to properties within proximity to Walgreen's was described. Mr. Craig stated that he did not feel the requested use would have an impact on any properties within 500 feet of the subject property and that the requested use is consistent with the applicable Monroe County land development regulations. (11:05 a.m.) Joaquin Vargas of Traf Tech Engineering was sworn and presented his traffic engineering background. Mr. Scales proffered Mr. Vargas as an expert. Mr. Vargas opined that the application of the liquor sales will have a negligible effect in terms of traffic increase in the area and would not adversely affect the site's compliance with all applicable laws and ordinances from a traffic perspective. Chairman Wall asked for public comment. (11:11 a.m.) Steve Miller, an owner of Big Pine Liquor, stated that he feels the requested use will generate traffic in the area. Mr. Miller added that there were too many liquor stores in too small of an area, within five miles, of the subject property. (11:17 a.m.) Charles Tallent of Big Pine Key stated he welcomes the competition in the area. Mr. Haberman informed the commissioners that there is no criteria relating to number of licenses in the area. Mr. Scales concluded that even though saturation may be an important issue, it is a legislative issue that should be dealt with by the Couty Commission and is not part of the five criteria at issue. Commissioner Cameron asked if a traffic study that included the liquor sales might be warranted. Chairman Wall stated he didn't believe that an additional traffic study would be reasonable. Mr. Haberman agreed that another traffic study was not necessary. Motion: Chairman Wall made a motion to approve the staff report as presented and approve the permit. Commissioner Hale seconded the motion. A poll was conducted with the following results: Commissioner Hale, Yes; Commissioner Cameron, No; Commissioner Lustberg, Yes; Commissioner Werling, No; and Chairman Wall, Yes. The motion passed. 7.AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING MONROE COUNTY CODE SECTION 101-1, DEFINITIONS, AND SECTION 130-187, MAXIMUM HEIGHT; PROVIDING CONSISTENCY BETWEEN REGULATIONS REGARDING HEIGHT IN THE LAND DEVELOPMENT CODE AND POLICIES REGARDING HEIGHT IN THE COMPREHENSIVE PLAN; PROVIDING CONSISTENCY BETWEEN THE DEFINITIONS OF HEIGHT AND GRADE IN THE LAND DEVELOPMENT CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS AND THE SECRETARY OF STATE; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. (11:32 a.m.) Joseph Haberman presented the staff report. Commissioner Cameron stated that he disagreed with no allowance being made for affordable housing. Chairman Wall commented that he feels the location of the measurement should be changed in the definition of grade. (11:48 a.m.) Don Craig, Planner, agreed that the definition of grade should be tightened up. Mr. Craig encouraged the commissioners to change both the definition of height and grade, and to change the criteria that spells out how it is to be measured, and from where, in a comprehensive way. Mr. Craig also encouraged the commissioners to not put limits on alternative energy sources. (11:58 a.m.) John November was present and pointed out that the language related to 44 feet, affordable housing and hotels was never passed by ordinance by a County Commission. Mr. November urged the commissioners to pass the proposed ordinance. Motion: Commissioner Cameron made a motion for approval. Commissioner Hale seconded the motion. There was no opposition. The motion passed unanimously. 1 1 1 Scheduling of upcoming meetings was discussed. (12:06 p.m.) Mitch Harvey gave an update on the comprehensive plan process. Several complete drafts of the technical document have been received from Keith & Schnars. WO Dili aolkvj I Do The Monroe County Planning Commission meeting was adjourned at 12:13 p.m. LAWRENCE P. F K EXHIBIT SURVEYORS ENGINEERS LAND PLANNERS V 83266 OVERSEAS HIGHWAY, ISLAMORADA, FL 33036 Phone (305) 664-0764 FAX (305) 664-0816 A DIVISION OF 4Er.AvnoN BuSHM CCRj oRA1lON CERTIFIED TQ CANDACE AKINS JOB No. k06306 SEC. 14, TWP. 68 S.. RGE. 29 E. C p rJ 8 1 MONROE COUNTY FLORIDA _ 130.00' (C) SHORELACE _ pf' Z xR x �14 284' (AI) WITNESS 'LINE~ yk� zi x Qi r 1a fall/ �\ tl xJ,� r ` 15,390 SO, FT. / 0.376 ACRE 'ti a l v o v Y� LOCAflM '— lS#0' iY. 74 71WR� '— ISA.A. 151.Op' (P) I 1 + O C7CORNER a I .'� 1.Ii1 =/w yyyffff� 40 #77TERi. S' w 21Y R/W(P)10.00 (P `O � _ 135.21' (M. TO WITNESS arRL14 �. `'e 156.90' (M. TO SHORELINE) 1 � ��p. _ � _ I�a•t(P�.ri�ra'/arm � , 1 XO 1670' OL TO �— aw ffar/ 1 mar/ 1 i Aftk 11116 LEGAL DESCRIPTION: LOT 27 AND THE NORTHERLY 51.50' LOT 26, /arm BLOCK 1. DOCTOR'S ARM SUBDIVISION, ACCORDING TO THE PLAT OF; N � mar/ RECORDEDIN PLAT BOOK 3 EPAGE 141 OF b ;a THE PUBLIC RECORDS OF MONROE COUNTY, .SCALE 1's30' �� I TOGEDiER WITH AN WGRESS/EGRIE 5 $ EASEMENT OVER THE WESTERLY 12' OF LOTS FJ 23 AND 24. BLOCK 1, DOCTOR'S ARM LOr1J SUBDIVISION. ACCORDING TO THE PLAT iv � / THEREOF. AS RECORDED IN PLAT BOOK 3. PAGE 141 OF THE PUBLIC RECORDS OF FAA MONROE COUNTY, FLORIOA, SURVEYOR'S NOTES: 314' Ci9&2VTY BO" 66' R/W 1.) ALL CORNERS FOUND HAVE NO NUMBER OESIGNATING PREVIOUS SURVEYOR OR COMPANY EXCEPT AS SHOWN. 2. ALL BEARINGS AND DISTANCES ARE MEASURED PER PLAT UNLESS OTHERWISE NOTED. 3. NO UNDERGROUND ENCROACHMENTS. FOUNDATIONS OR UTILITIES HAVE BEEN LOCATED OR SHOWN UNLESS 07HERVASE NOTED. 4. N0 INSTRUMENTS OF RECORD REFLECTING EASI7AL?I15, RIGHTS -OF -WAY AND/OR OWNERSHIP WERE FURNISHED THIS SURVEYOR I EXCEPT AS SHOWN HEREON. 5. ELEVATION DATUM N.G.V.O. 1929. M.S.L r OA BENCHMARK: FL419M SRO, ELEV.-10.42 BASIS OF BEARING: L 6. THIS IS TO CERTIFY THAT I HAVE CONSULTED THE FEDERAL INSURANCE ADMINISTRATION FLOOD HAZARD BOUNDARY MAP. PROPERTY AUNrTY PPIEARS TO BE IN ZEL ONE3VE. WITH AC DATE 11 &D 1}fE HEREON DESCRIBED ABBREVIATION LEGEND: F.I.R FOUND IRON ROD, SIZE INDICATED SEC. SECTION S.I.P. SET IRON ;fW rft f9 F.I.P. FOUND IR 5T TWP. TOWNSHIP I IN F.N.O. FOUND NAIL AND DISK RGE RANGE 0DEEDS.N.O. SET NAIL AND DISK, P.L.S. #019 PLATF.C.M. FOUND CONCRETE MONUMENTMEAS1REpP.R.M. jilp:Aj PERMANENT REFERENCE MONUMENT CALCULATED P.C.P. PERMANENT CONTROL POINT CONC. CONCRETE P.I. POINT OF INTERSECTION OOV. COVERED P.C. POINT OF CURVE ASPH. ASPHALT P.O.B. POINT OF BEGINNING PVMT. PAVEMENT R/W RIGHT--OF-WAY ELEV. ELEVATION TYP. TYPICAL CERTIFIED FOR BOUNDARY SURVEY I HEREBY CERTIFY THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLChkOA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN GRAPIER -a, FLORA ADMINISTRATIVE CODE, PURSUSECTION 4A STATUTE& for pare t rt 4 06 LAWRENCE P. FRANK P.LS. 54619 DATE: 10/6/06 NOT VALID UNLESS SEALED i i 1 I I _ I I Iwon I _ I I �« Igo I ®® Olo I $l� I "Ac==41 -- WI J _ I , fill dlJYVOAL I .00 I I I I W I I I I I �•`f I I r .�•—' I (fj I I � Y ia+•�. eDC�r I I c I I 0 Ll Lr 0 E ASCE 7-02 WIND VELOCITY a 176 MPH EXPOSURE CATEGORY C IMPORTANCE FACTOR 1.00 Kzt 1.00 INTERNAL. PRESSURE COEFICIENT .18 GENERAL NOTES: WNIMUMAT 2a DAY8. F�4Doo P81 9) REIWOWNGSTEELN M40AWAOEOD COVER FOOTINGS AQNNBT EAMN - FOO MS IN 2' BrAll &COUAMBUAFAiQE r E7MSVOR SU MAM- -�--- 11 te CASTAGAINST GA N - r 8PUCEB:2e BARCIAMIZiER R)CONCRETE MABONR4 UNTBASTM 00W fm-T600 F81 U ALL BTRAPB, BRAt PWM CT FA ETC.TO8E SIFFPLIED BY8MM*A8TERNMETAL8OR 601JAL, PMONE NO. POO"-I T9 6)ALL Q&VANIIfp- � ORsra STEEL -6) ALL LUMBER Fb-T2so P81 MBI., E-12 M(L F81 7) TIE WAM CORNEA BARS S I ALL LAP T8' Rbtt r i .+ - - R000- +10 POINTS — PLATTED suBDIVISIpN +1 POINTS - GROUP 1 HABITAT +2 POINTS - WINO LDAO RATING 175 MPH PER ASCE 7-02 +1 POINTS ULTRA LOW VOLUME PLUMBING FIXTURES 1.6 GAL _ FLUSH TOILETS, 2.1) GPM FAUCETS, 2.5 GPM SHOW HEADS +1 POINTS -SEER RATING > 12 +1 POINTS - SECONDARY WATER SOURCE 2,500 GALLON CISTERN +1 POINTS - HEAT RECOVERY AC - ALTERNATIVE ELECTRICITY +1 POINTS - E)(CEEO FLODO ELEVATION BY 13 INCHES -6 POINTS - VE ZONE TOTAL : 12 POINTS Mi hells: TANK AND LID 35M PSI CONCRETE TANK REINFORCED WITH 3/8" STEEL 12" O.0 BOTH WAYS REGULAR LID REINFORCED WITH 1/2' STEEL BOTHWAyS TANK WALLS AND BOTTOM 4" MIN PRE -MANUFACTURED TAMS BY FLORIDA ROCK AND SAND (OR EQUAL) TANK CAPACITY TO BE MIN 2,5DO GALLONS PREFAB STANDARD LID I';:.. i— 6" Pvc R611JwATCO LOT 27 AND THE NORTHERLY 51.5( DOCTORS ARM SUBDMSION, ACO PLAT THEREOF: AS RECORDED IN I PAGE 141 OF THE PUBLIC pEOORC COUNTY, FLORIDA. OViINER; MNS REBID L p ' STRUCYURES: 6UiL.DGNCi AR LOT - o NETLANDAR IMPEFMCKJS OWEAAGE REBID GRAVEL DRN; ATUA)RA INRE TOTAL Dl8TURLiED AREA �~ PROJECT, AWNS RESIDENCE PROJECT NUMBER. AKMS Cl NET LOTAREA = 14,817 IMPERVIOUS AREA . 3,1b3 CALCUTATION: 3,16Wl2 = 282 CF DRAINAGlw PROVIDED: SWAM! TOP AREA (fA1 Bq N 4M SF A5 8F 2 180BF 648F 4F 6r TDP LENT 11 74'i' BOT LF�?IpNQKT SWALEAFL-A ✓ W/ ND RLL 4Lr BOT WL?TH SWALE #1 SE( N AL z ,.