Item B3BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 18, 2013 Division: Growth Management
Bulk Item: Yes No X Staff Contact Person/Phone #: Christine Hurley 289-2517
AGENDA ITEM WORDING: A public hearing to consider a resolution to transmit to the State Land
Planning Agency a proposed ordinance by the Monroe County Board of County Commissioners
amending the Future Land Use Map from Industrial (I) to Mixed Use/Commercial (MC) for 18 parcels
on Stock Island, having real estate numbers 00123660-000000, 00123720-000400, 00123760-000200,
00123720-000100, 00123720-000200, 00123730-000100, 00123740-000000, 00123770-000000,
00127290-000000, 00127380-000000, 00127250-000000, 00127280-000000, 00123600-000100,
00123600-000102, 00123600-000101, 00123590-000000, 00123570-000000, and 00123540-000000,
located on South Stock Island.
ITEM BACKGROUND: Safe Harbor Marina Property Owners Association, Inc., submitted an
application requesting to amend the Future Land Use Map (FLUM) for 18 parcels on Stock Island
from Industrial to Mixed Use/Commercial.
On September 21, 2012, the BOCC adopted Ordinance 032-20I2, amending the Comprehensive Plan
to assign the Maritime Industries (MI) Zoning District to the Mixed Use/Commercial (MC) Future
Land Use Map category and included provisions to preserve and promote working waterfront uses on
all lands designated with the MI land use (zoning) district within the MC FLUM category. If the
requested FLUM amendment is adopted for the 18 parcels, the properties would be subject to the
working waterfront preservation provisions.
If the BOCC votes to transmit the proposed comprehensive plan amendment to the State Land
Planning Agency, then State Land Planning Agency will review the proposed amendment and issue an
Objections, Recommendations and Comments (ORC) Report, addressing any issues with internal
consistency, data and analysis, or consistency with the statutes or the Principles for Guiding
Development. Upon receipt of the ORC report, the BOCC will have 180 days to adopt the
amendments, adopt the amendments with changes or not adopt the amendments.
PREVIOUS RELEVANT BOCC ACTION: NIA
CONTRACT/AGREEMENT CHANGES: NIA
STAFF RECOMMENDATIONS: Approval
TOTAL COST: INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required_
DISPOSITION: AGENDA ITEM #
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
RESOLUTION NO. - 2013
A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS TRANSMITTING TO THE STATE LAND
PLANNING AGENCY A PROPOSED ORDINANCE BY THE MONROE
COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE
FUTURE LAND USE MAP (FLUM) DESIGNATION FROM INDUSTRIAL
(I) TO MIXED USE COMMERCIAL (MC) FOR EIGHTEEN PARCELS
OF LAND ON STOCK ISLAND, HAVING REAL ESTATE NUMBERS
00123660-000000, 00123720-000400, 00123760-000200, 00123720-000100,
00123720-000200, 00123730-000100, 00123740-000000, 00123770-000000,
00127290-000000, 00127380-000000, 00127250-000000, 00127280-000000,
00123600-000100, 00123600-000102, 00123600-000101, 00123590-000000,
00123570-000000, and 00123540-000000, LOCATED ON SOUTH STOCK
ISLAND, SOUTH STOCK ISLAND.
WHEREAS, the Monroe County Development Review Committee considered the
proposed amendment at a regularly scheduled meeting held on the 25th day of September, 2012;
and
WHEREAS, the Monroe County Planning Commission held a public hearing on the 14`h
day of November, 2012, for review and recommendation on the proposed Future Land Use Map
amendment; and
WHEREAS, the Monroe County Planning Commission made the following findings of
fact and conclusions of law:
I.On September 21, 2012, the BOCC adopted an amendment to Policies 101.4.5 and
101.4.21 to amend the Mixed Use/Commercial (MC) Future Land Use Map Category
description and assign the Maritime Industries (MI) Zoning District to the MC category.
2.The BOCC also adopted provisions to further preserve and enhance working waterfront
uses within the MC Future Land Use Map Category.
3.The 18 subject parcels are designated as Tier III, classified as developed land, and are not
designated as habitat for any protected species.
P. I of 3
4.The definition of the term recreational and commercial working waterfront, pursuant to
Section 342.07, F.S., means a parcel or parcels of real property that provide access for
water -dependent commercial activities, including hotels and motels as defined in s.
509.242(1), or provide access for the public to the navigable waters of the state.
Recreational and commercial working waterfronts require direct access to or a location on,
over, or adjacent to a navigable body of water. The term includes water -dependent
facilities that are open to the public and offer public access by vessels to the waters of the
state or that are support facilities for recreational, commercial, research, or govermnental
vessels. These facilities include public lodging establishments, docks, wharfs, lifts, wet
and dry marinas, boat ramps, boat hauling and repair facilities, commercial fishing
facilities, boat construction facilities, and other support structures over the water. As used
in this [statute] section, the term "vessel" has the same meaning as in s. 327.02(39).
Seaports are excluded from the definition.
5.The proposed amendment is internally consistent with the Monroe County Comprehensive
Plan.
6.The proposed amendment is consistent with the Principles for Guiding Development for
the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida Statutes.
WHEREAS, the Monroe County Planning Commission passed Resolution 54-12
recommending transmittal of the proposed amendment; and
WHEREAS, at a special meeting held on the 18`h day of April, 2013, the Monroe County
Board of County Commissioners held a public hearing to consider the transmittal of the proposed
amendment to the State Land Planning Agency; and
WHEREAS, the Monroe County Board of County Commissioners supports transmitting
the requested map amendment;
NOW THERFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1: The Board of County Commissioners considered the recommendation of the
Planning Commission and after the public hearing voted to transmit the draft
ordinance.
Section 2: The Board of County Commissioners does hereby transmit the proposed
amendment as part of a set of comprehensive plan amendments for 2013 to the
State Land Planning Agency for review and comment in accordance with the
State Coordinated Review process pursuant to Section 163.3184(4), Florida
Statutes.
Section 3. The Monroe County staff is given authority to prepare and submit the required
transmittal letter and supporting documents for the proposed amendment.
P. ` of3
Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this
resolution to the Director of Planning.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a special meeting held on the _ day of April, 2013.
(SEAL)
ATTEST: AMY HEAVILIN, CLERK
DEPUTY CLERK
Mayor George Neugent
Mayor Pro Tem Heather Carruthers
Commissioner Danny Kolhage
Commissioner Sylvia Murphy
Commissioner David Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Cl'1
Mayor George Neugent
MO COUNTY ATTORNEY
A ROVED A5 TO F M
Date:
P.3of3
ORDINANCE NO. -2013
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING THE FUTURE LAND USE MAP (FLUM)
DESIGNATION FROM INDUSTRIAL (I) TO MIXED USE COMMERCIAL (MC)
FOR EIGHTEEN PARCELS OF LAND ON STOCK ISLAND, HAVING REAL
ESTATE NUMBERS 00123660-000000, 00123720-000400, 00123760-000200,
00123720-000100, 00123720-000200, 00123730-000100, 00123740-000000, 00123770-
000000, 00127290-000000, 00127380-000000, 00127250-000000, 00127280-000000,
00123600-000100, 00123600-000102, 00123600-000101, 00123590-000000, 00123570-
000000, and 00123540-000000, LOCATED ON SOUTH STOCK ISLAND;
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF
INCONSISTENT PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
STATE LAND PLANNING AGENCY; PROVIDING FOR THE FILING WITH
THE SECRETARY OF STATE AND FOR AN EFFECTIVE DATE; AND
PROVIDING FOR THE INCLUSION IN THE MONROE COUNTY 2010
COMPREHENSIVE PLAN.
WHEREAS, Longstock II, LLC, submitted an application amending Monroe County
2010 Comprehensive Plan Policies 101.4.5 and 101.4.2I to amend the Mixed Use/Commercial
(MC) Future Land Use Map Category description and assign the Maritime Industries (MI)
Zoning District to the MC category; amend the maximum net density range and the maximum
intensity range for the Mixed Use/Commercial (MC) Future Land Use Map Category and to
clarify the footnotes within the table; and
WHEREAS, on February 13, 2012, the BOCC voted to transmit the amendment, with
the staff's added recommended provisions to preserve and enhance working waterfront while
allowing moderate redevelopment of other uses, to the State Land Planning Agency; and
WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
Objections, Recommendations and Comments (ORC) Report on May 4, 2012, which did not
identify any issues with the proposed amendment; and
WHEREAS, at a public hearing on September 21, 2012, the BOCC adopted the text
amendment, amending the MC Future Land Use Map Category description and assigning the MI
Zoning District to the MC category (Ordinance 032-2012); and
WHEREAS, the MC Future Land Use Map category now includes provisions to
preserve and promote recreational and commercial working waterfront uses on all lands
designated with the Maritime Industries (MI) land use district within the MC category; and
WHEREAS, 18 properties on South Stock Island formed the Safe Harbor Marina
Property Owners Association, Inc.,and submitted an application for a Future Land Use Map
amendment from from Industrial (I) to Mixed Use/Commercial (MC); and
WHEREAS, the Monroe County Development Review Committee considered the
proposed amendment at a regularly scheduled meeting held on the 25th day of September, 2012;
and
WHEREAS, the Monroe County Planning Commission held a public hearing on the 14`h
day of November, 2012, for review and recommendation on the proposed Future Land Use Map
amendment; and
WHEREAS, the Monroe County Planning Commission made the following findings of
fact and conclusions of law:
1. On September 21, 2012, the BOCC adopted an amendment to Policies 101.4.5 and
101.4.21 to amend the Mixed Use/Commercial (MC) Future Land Use Map Category
description and assign the Maritime Industries (MI) Zoning District to the MC category.
2. The BOCC also adopted provisions to further preserve and enhance working waterfront
uses within the MC Future Land Use Map Category.
3. The 18 subject parcels are designated as Tier III, classified as developed land, and are not
designated as habitat for any protected species.
4. The definition of the term recreational and commercial working waterfront, pursuant to
Section 342.07. F.S., means a parcel or parcels of real property that provide access for
water -dependent commercial activities, including hotels and motels as defined in s.
509.242(1), or provide access for the public to the navigable waters of the state.
Recreational and commercial working waterfronts require direct access to or a location on,
over, or adjacent to a navigable body of water. The term includes water -dependent
facilities that are open to the public and offer public access by vessels to the waters of the
state or that are support facilities for recreational, commercial, research, or governmental
vessels. These facilities include public lodging establishments, docks, wharfs, lifts, wet
and dry marinas, boat ramps, boat hauling and repair facilities, commercial fishing
facilities, boat construction facilities, and other support structures over the water. As used
in this [statute] section, the term "vessel" has the same meaning as in s. 327.02(39).
Seaports are excluded from the definition.
5. The proposed amendment is internally consistent with the Monroe County
Comprehensive Plan.
2
6. The proposed amendment is consistent with the Principles for Guiding Development for
the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida Statutes.
WHEREAS, the Monroe County Planning Commission passed Resolution No. P54-12
recommending transmittal of the proposed amendment; and
WHEREAS, at a special meeting held on the 18'' day of April, 2013, the Monroe County
Board of County Commissioners held a public hearing to consider the transmittal of the proposed
amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The Future Land Use Map (FLUM) for the Year 2010 Comprehensive Plan is
hereby amended by changing the FLUM designation from Industrial (I) to Mixed
Use Commercial (MC) for eighteen parcels of land on Stock Island, having Real
Estate Numbers 00123660-000000, 00123720-000400, 00123760-000200,
00123720-000100, 00123720-000200, 00123730-000100, 00123740-000000,
00123770-000000, 00127290-000000, 00127380-000000, 00127250-000000,
00127280-000000, 00123600-000100, 00123600-000102, 00123600-000101,
00123590-000000, 00123570-000000, and 00123540-000000; located on South
Stock Island, as shown on Exhibit 1; which is attached hereto and incorporated
herein.
Section 2. Severability. If any section, subsection, sentence, clause, item, change, or
provision of this ordinance is held invalid, the remainder of this ordinance shall
not be affected by such validity.
Section 3. Reveal of Inconsistent Provisions. All ordinances or parts of ordinances in
conflict with this ordinance are hereby repealed to the extent of said conflict.
Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to
the State Land Planning Agency pursuant to Chapter 163 and 380, Florida
Statutes.
Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the
Secretary of the State of Florida but shall not become effective until a notice is
issued by the State Land Planning Agency or Administration Commission finding
the amendment in compliance with Chapter 163, Florida Statutes and after any
applicable challenges have been resolved.
Section 6. Inclusion in the Comprehensive Plan. The Future Land Use Map amendment
shall be incorporated in the Future Land Use Map of the Monroe County Year
2010 Comprehensive Plan.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a special meeting held on the day of , 2013.
(SEAL)
ATTEST: AMY HEAVILIN, CLERK
DEPUTY CLERK
Mayor George Neugent
Mayor Pro Tem Heather Carruthers
Commissioner Danny Kolhage
Commissioner Sylvia Murphy
Commissioner David Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor George Neugent
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5
MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional and fair
To: Monroe County Board of County Commissioners
Through: Christine Hurley, AICP, Director of Growth Management
Townsley Schwab, Senior Director of Planning & Environmental Resources
From: Mayt6 Santamaria, Assistant Director of Planning
Date: March 25, 2013
Subject: Request by Safe Harbor Marina Property Owners Association, Inc., to amend the
Comprehensive Plan Future Land Use Map from Industrial (I) to Mixed Use Commercial
(MC) for 18 parcels on Stock Island.
Meeting: April 18, 2013
I. REQUEST
Safe Harbor Marina Property Owners Association, Inc., is requesting to amend the Comprehensive
Plan Future Land Use Map for parcels, having real estate numbers 00123660-000000, 00123720-
000400, 00123760-000200, 00123720-000100, 00123720-000200, 00123730-000100, 00123740-
000000, 00123770-000000, 00127290-000000, 00127380-000000, 00127250-000000, 00127280-
000000, 00123600-000100, 00123600-000102, 00123600-000101, 00123590-000000, 00123570-
000000, and 00123540-000000, located on South Stock Island; from Industrial (1) to Mixed
Use/Commercial (MC).
II. BACKGROUND INFORMATION
A. Safe Harbor Marina Property Owners Association, Inc., is requesting to amend the Future Land Use
Map for 18 parcels on Stock Island from Industrial to Mixed Use/Commercial.
The parcels included in amendment request, are as follows:
Property
Real
Estate
Property
Current Proposed Tier
&
Land
Area
-
Existing Uses
Owner(s)
Number
Address
FLUM FLUM Zoning
(upland
_
acres)
Robbie's Safe
Harbor
7281 Shrimp
Tier III
Marine activities, boat yard,
Marine
00123660-
Road, Key
Industrial
Mixed Use
engine repair, boat building,
Enterprises,
000000
West, Florida
(I)
Commercial
Maritime
10.41
storage space, deep water
Inc., a Florida
33040
(MC)
Industrial
access, commercial fishing,
corporation
(MI)
affordable housing.
Real
Tier
Land
Property
Estate
Property
Current
Proposed
&
Area
Existing Uses
Owner(s)
Number
Address
FLUM
FLUM
Zoning
(upland
acres)
Safe Harbor
Vacant Land,
Tier III
Enterprises,
00123720-
South Stock
Industrial
Mixed Use
Commercial Fishing, storage,
Inc., a Florida
000400
Island; Vacant
(I)
Commercial
Maritime
4.2
boat repair, commercial
Land, Shrimp
(MC)
Industrial
waterfront.
corporation
Road
(MI)
Marine activities, boat yard,
artist's studios, engine repair,
Longstock II,
00123760-
Tier III
boat building, dog park,
LLC, a
000200,
7000 and 7009
Mixed Use
commercial space, storage
Florida
00123720-
Shrimp Road,
Industrial
Commercial
Maritime
12.25
space, warehouse space, deep
limited
000100,
Key
Y West,
(I)
(MC)
Industrial
water dockage, working
liability
0123720-
Florida 33040
(MI)
waterfront, commercial
company
000200
fishing, live -a -boards,
residential upland units, gym,
offices ace.
Constellation
6811 Shrimp
Tier III
Yachts, Inc.,
00123730-
Road, Stock
Industrial
Mixed Use
Commercial
Maritime
a.76
Boat building, boat storage,
a Florida
000100
Island, Florida
(1)
(MC)
Industrial
boat repairs
corporation
33040
(MI)
3D of Key
6801 Shrimp
Tier III
West, Inc., a
00123740-
Road, Stock
Industrial
Mixed Use
Commercial
Maritime
2.07
Boat yard, boat repair, boat
Florida
000000
Island, Florida
(1)
(MC)
Industrial
storage, boat dockage
corporation
33040
(MI)
00123770-
000000,
00127250-
5550 Fifth
0000009
Avenue, 5700
Tier III
Bernstein
00127280-
Fourth Street,
Industrial
Mixed Use
Commercial Fishing, storage,
Family Trust
000000,
South Stock
(1)
Commercial
Maritime
9.52
boat repair, commercial
00127290-
Island, Florida
(MC)
Industrial
waterfront.
0000009
33040
(MI)
00127380-
000000
6500 Front
Tier III
aa123600-
Street, Key
Industrial
Mixed Use
Commercial Fishing, storage,
Island Trust
a12360
West, Florida
(1)
Commercial
Maritime
2.11
boat repair, commercial
33045lorid
(MC)
Industrial
waterfront.
(MI)
Key West
Tier III
Transfer &
6500 Front
Mixed Use
Hauling
00123600-
Street, Stock
Industrial
Service, Inc.,
000102
Island, Florida
(1)
Commercial
Maritime
2.51
Storage, trash transfer station
a Florida
33040
(MC)
Industrial
corporation
(MI)
Real
Tier
Land
Property
Estate
Property
Current
Proposed
&
Area
Existing Uses
Owner(s)
Number
Address
FLUM
FLUM
Zoning
(upland
acres)
KW Resort
6630 Front
Tier III
Utilities
00123600-
Street, Stock
Industrial
Mixed Use
Corp., a
000101
Island, Florida
(I)
Commercial
Maritime
2.00
Wastewater treatment
Florida
33040
(MC)
Industrial
corporation
(MI)
Marine activities, artist's
Safe Harbor
studios, commercial space,
Properties,
6810 Front
Tier III
storage space, warehouse
LLC, a
00123590-
Street, Key
Industrial
Mixed Use
space, deep water dockage,
Florida
000000
West, Florida
(I)
Commercial
Maritime
2.21
working waterfront,
limited
33040
(MC)
Industrial
commercial fishing, live -a -
liability
(MI)
boards, residential upland
company
units, office space,
restaurant/bar space
Bama One,
Tier III
LLC, a
Florida
00123570-
Vacant Land
Industrial
Mixed Use
Deep water dockage,
limited
000000
Stock
(I)
Commercial
Maritime
0.43
commercial fishing, live -
liability
Island
Island
(MC)
Industrial
aboard vessels, residential
()
company
6840 Front
Tier III
Street, LLC, a
6840 Front
Mixed Use
Florida
00123540-
Street, Stock
Industrial
Commercial
Maritime
0.93
Commercial fisheries, retail,
limited
000000
Island, Florida
(I)
(MC)
Industrial
commercial dockage
liability
33040
(MI)
company
Total Upland Acreage
�-4O
B. Legal descriptions of the above properties are provided in Exhibit 1.
C. Previous Actions & Background on Associated Adopted Text Amendment:
Current Request:
The Monroe County Development Review Committee (DRC) considered the proposed amendment
at a regularly scheduled meeting held on September 25, 2012. Additionally, the applicant submitted
several revisions to the proposed amendment language at the DRC meeting.
The Monroe County Planning Commission (PC) considered the proposed amendment at a public
hearing on November 14, 2012. The Monroe County PC passed Resolution 54-12 recommending
transmittal of the proposed amendment to the Board of County Commissioners.
3
Associated Adopted Text Amendment
A property owner on South Stock Island, Longstock II, LLC, submitted an application for a
comprehensive plan text amendment to amend the Mixed Use/Commercial (MC) Future Land Use
Map category description (Policy 101.4.5) and amend Policy 101.4.21 to assign the Maritime
Industries (MI) zoning district to the MC category, amend the density ranges and the maximum
intensity range for the MC future land use map category in August 2011. The Monroe County
Development Review Committee considered the proposed amendment on October 17, 2011. On
December 1, 2011, the Monroe County Planning Commission (PC) held a public hearing
considering the transmittal of the proposed amendment to the State Land Planning Agency. The PC
recommended that the BOCC not transmit the proposed amendment because the County had not
adopted amendments to preserve and enhance working waterfront uses — which are found on South
Stock Island. The PC had concerns that the proposed amendment by Longstock 11, LLC, could
impact working waterfront uses. Longstock, II, LLC, and County staff recommended revisions to the
proposed amendment to address the concerns raised by the PC.
On February 13, 2012, the BOCC held a public hearing considering the transmittal of the proposed
amendment to the State Land Planning Agency. The BOCC voted to transmit the amendment, with
the staff's added recommended provisions to preserve and enhance working waterfront while
allowing moderate redevelopment of other uses, to the State Land Planning Agency. The State Land
Planning Agency reviewed the amendment and issued an Objections, Recommendations and
Comments (ORC) Report on May 4, 2012. The ORC report did not identify any issues with the
proposed amendment.
The BOCC adopted of this amendment on September 21, 2012. The parcels requesting the FLUM
amendment would be subject to the working waterfront provisions of the Mixed Use/Commercial
(MC) Future Land Use Map category.
The text amendment includes the following provisions:
o Requires maintaining a minimum of 35% of the upland area of the property for working
waterfront and water dependent uses, excludes transient residential development
o Requires preserving at least 20% of existing wet slips for vessels involved with recreational and
commercial working waterfront uses, excluding live -aboard vessels solely used as a residence
and not for navigation
o Requires preserving at least 10% of new wet slips for vessels involved with recreational and
commercial working waterfront uses, excluding live -aboard vessels solely used as a residence
and not for navigation
o Requires dockage preserved for recreational and commercial working waterfront uses be
documented on the final development plan and be a written condition of any permit approval
o Limits permanent residential development to commercial apartments or employee housing
o Requires preservation of a public access walkway for all parcels with direct access to the water
o Limits commercial retail uses to less than 5,000 square feet of floor area.
4
Future Land Use Densities and Intensities
Future Land Use Category
And CorreWiding Zoning
Allocated Der>sity ?1
(per acre)
MaArnum Net Density 611) [b) W
(per bUka)le acne)
Maximum Intensify
(floor area ratio)
Mixed Use/Commercial (MC#fD
(SC, UC, DR, RV, and MU and
hLI II zoning)
1-6 du
5-15 rooms/spaces
1 du (Ml zor rm
26 -18 du
10-25 roorns*ams
2 du (M) zoning}
0.10-0.45
LSC. UC, IDR, RV, and MU zonho)
0.30-0.60 MI zoning)
Note, the text amendment also lists additional permitted uses within the MC FLUM category, such
as maritime industry, light industrial uses, commercial fishing, transient and permanent residential,
institutional, public, and commercial retail uses).
D. Current Comprehensive Plan FLUM Policies & MC FLUM Category Text Amendment
Policy 101A.7
The principal purpose of the Industrial land use category is to provide for the development of industrial,
manufacturing, and warehouse and distribution uses. Other commercial, public, residential, and
commercial fishing -related uses are also allowed.
Policy 101.4.5
The principal purpose of the Mixed Use/Commercial land use category is to provide for the
establishment of commercial zoning districts where various types of commercial retail and office may be
permitted at intensities which are consistent with the community character and the natural environment.
Employee housing and commercial apartments are also permitted.
This land use category is also intended to allow for the establishment of mixed use development patterns,
where appropriate. Various types of residential and non-residential uses may be permitted; however,
heavy industrial uses and similarly incompatible uses shall be prohibited.
In order to protect environmentally sensitive lands, the following development controls shall apply to all
hammocks, pinelands, and disturbed wetlands within this land use category:
1. only low intensity commercial uses shall be allowed;
2. a maximum floor area ratio of 0.10 shall apply; and
3. maximum net residential density shall be zero.
MC FLUM Policy — Text Amendment (described above — adopted September 21, 2012)
Policy 101A.5
The principal purpose of the Mixed Use/Commercial land use category is to provide for the establishment of
commercial land use zoning) districts where various types of commercial retail and office may be permitted
at intensities which are consistent with the community character and the natural environment. Employee
housing and commercial apartments are also permitted. In addition, Mixed Use/Commercial land use districts
are to establish and conserve areas of.mixed uses, which may include maritime industrv, light industrial uses.
commercial fishing, transient and Wrmanent residential institutionalpublic, and commercial retail uses.
The Iand use category is also intended to allow for the establishment of mixed use development patterns,
where appropriate. Various types of residential and non-residential uses may be permitted; however, heavy
industrial uses and similarly incompatible uses shall be prohibited. The County shall continue to take a
proactive role in encouraging the maintenance and enhancement of community character and recreational and
commercial working waterfronts.
In order to protect environmentally sensitive lands, the following development controls shall apply to all
hammocks, pinelands, and disturbed wetlands within this land use category:
1. only low intensity commercial uses shall be allowed;
2. a maximum floor area ratio of 0.10 shall apply; and
3. maximum net residential density shall be zero.
In order topreserve and promote recreational and commercial working waterfront uses, as defined by 342.07,
F.S. the following criteria shall apply to all lands designated with the Maritime Industries MI land use
(zoning) district within this land use category
1. When a mixture of uses is proposed for parcels designated as MI land, use (zoning) district, working
waterfront and water de ndent uses such as marina fish house/market boat repair, boat building,
boat storage, r other similar uses but excluding transient uses, shall be preserved by maintaining a
minimum of 35% of the upland area of thejpropgrty for those uses.
2. Parcels within the MI zoning district that have existing wet slips shall preserve at least 20% of the wet
slips for vessels involved with recreational and commercial working waterfront uses, excluding live -
aboard vessels solely used as a residence and not for navigation.
3. Parcels within the MI zoning district creating new wet slips shall preserve at least 10% of the wet
slips for vessels involved with recreational and commercial -working waterfront uses excluding live -
aboard_ vessels solely used as a residence and not for navigation.
4. The preservation of dockage for recreational and commercial working waterfront uses shall be
documented on the final development plan and shall be a written condition of any Wrmit approval.
5. For permanent_ residential development, _parcels within the MI zoning district shall be limited to
commercial apartments or employee housing. Commercial apartment means an attached or detached
residential dwelling unit located on the same parcel of land as a nonresidential use that is intended to
serve as Mrmanent housing for the owner or employees of that nonresidential use. The term does not
include a tourist housing use or vacation rental use.
6. The preservation of a public access walkway shall be required for all parcels with direct access to the
water,_ Consideration shall be ,given to security and the physical constraints of the parcel. The public
access walkway shall be documented on the final development plan to link a continuous walkway and
shall be a written condition of any_permit approval.
7. Parcels within the MI zoning district shall be limited to commercial retail uses of less than 5,000 square
feet of floor area.
Policy 101.4.21
Monroe County hereby adopts the following density and intensity standards for the future land use categories,
which are shown on the Future Land Use Map and described in Policies 101.4.1 - 101.4.17:
Future Land Use Densities and Intensities
Future land Use Category
Allocated Density 0
Maxtmwn Net Density @I (b) (I
Maxlmurn Intetsity
And Ong Zoning
(per acre)
(per bt t We acre)
(floor area rdo)
Agriculture (A)N
0 du
WA
020-0.25
no clirectly comWoncing zoning)
0 roomm/ paces
WA
Airport (AD)
0 du
WA
0.10
AD zoning)
0 rooms(spaces
WA
Conservation (C)
0 du
WA
0.05
CD zoning)
0 rooms(spaces
WA
Education (E}N
0 du
WA
0.30
drecty comnAa4ng zoning)
0 rooms/spaoes
WA
Industrial (I)
1 du
2 du
025-0.60
I and MI zoning)
0 roorns(spam
WA
Institutional (INS}b
0 du
WA
025-0.40
(nocIre*cormwonftzoning)3-15
rooms/spaces
6-24 rooms/spaces
Mainland Native (MN)
0.01 du
WA
0.10
(MN zoning)
0 moms(spaces
WA
Military (M)
6 du
12 du
0.30-0.50
(MF zoning)
10 moms/spaces
20 rooms/sp m
Moved Use(Cromrrercial (MC#
1-0 du
2 6--18 du
0.10-0.45
{�. � DR, R,,, and MU zonna)
(SC, UC, DR, hill, and MU and
5-15 moms(spaees
10-25 rooms/spaces
MI zoning)
1 du (MI zoning)
2 du (MI zoning)
0.30.0.60 (Ml zannp)
Muted U%ranmeraal Fishing (MCF)W)
Approx. 3-0 du
12 du
025-0.40
CFA, CRM, CFSD
0 rooms/spapes
0 morns(spacm
Public Facilities (PF)I)
0 du
WA
0.10-0.30
nod zoning)
0 roans(4mces
WA
Public BuHngs/Grounds (PB)N
0 du
WA
0.10-0.30
d zoning)
0 rooms/spaces
WA
Recreation (R)
025 du
WA
020
PR zoning)
2 rooms/
WA
Residential Conservation (RC)
0.025 du
WA
0-0.10
COS and NAzoni
0 2m§LSP22ffi
WA
Residential Law (RL)
025-0.50 du
5 du
0.20-025
SSPSR, and SR-L zoning)
0 romr4spaces
WA
Residential Medium (RM)
approx. OM du
WA
0
(IS zoning)
(1 dullot)
WA
0 rooms(
Residential High (RH)
approx. 3-16 du
12 du
0
(IS-De� URW, and URm zoning)
(1-2 duAot)
20 noorrs/spaces
10 rooms
Notes:
(a) "N!A" means that maximum net density bonuses shall not be available.
(b) The allocated densities for submerged lands, salt ponds, freshwater ponds, and mangroves shall be 0 and the maximum net
densities bonuses shall not be available.
(c) The allocated density for CFV zoning shall be 1 dwelling unit per lot and the maximum net density bonuses shall not be available.
(d) Maximum net density bonuses shall not be available to the SS district.
(e) The allocated density for IS-D and URM zoning shall be 2 and 1 dwelling units per lot, respectively and the maximum net density
bonuses shall not be available.
(f) The maximum net density for the UR district shall be 25 for units where all units are designated as affordable housing.
w For properties consisting of hammocks, pinelands or disturbed wetlands within the Moved Use(Commercial and Mixed UsW
Commercial Fishing land use categories, the floor area ratio shall be 0.10 and the maximum net residential density bonuses not
apply.
(h) Uses under the categories of Agriculture, Education, Institutional, Public Facilities, and Public Buildings and Uses, which have no
directly corresponding zoning, may be incorporated into new or existing zoning districts as appropriate.
(i) The Maximum Net Density is the maximum density allowable with the use of TDRs.
U) A mixture of uses shall be maintained for pgLcels designated as MI zoning district that are within the MC future land use category.
Working waterfront and water de ndent uses such as ma6n& fish houselmarket boat repair, boat buiding. boat stomo, or
other similar uses shall comprise a minimum of 35% of the upland area of the proverty, pursuant to Policy 101.4.5.
E. Evaluation of existing uses versus proposed uses corresponding with the requested FLUM amendment from
Industrial (I) to Mixed Use/Commercial (MC)
Allowed Uses Based Upon FLUM Designations
Industrial FLUM
Mixed Use Commercial FLUM
(includes text amendment)
Industrial
Light Industrial Uses
Manufacturing
Maritime Industry
Warehouse
Distribution uses
Commercial Fishing -Related Uses
Commercial Fishing
Commercial
Commercial retail
Residential
Transient and Permanent Residential
Employee Housing & Commercial apartments
Public
Public
Institutional
Office
F. Amendment Basis:
As can be noted in the Safe Harbor Marina Property Owners Association application (excerpt
included in Exhibit #2) as well as the adopted Monroe County Evaluation and Appraisal Report
(Economic Trends and Opportunities In Unincorporated Monroe County Report) and the Stock
Island/Key Haven Livable CommuniKeys Master Plan, Volume I (excerpt in Exhibit #3), this
amendment is predicated on the changing trends in the economy, the opportunity to allow additional
uses to promote economic diversity and realize the community's desire to preserve working
waterfront and commercial fishing uses.
8
Excerpt from: Economic Trends and Opportunities in Unincorporated Monroe County Report
The Keys began a rapid transition from fishing to tourism beginning in 1975; declines in fisheries
and catch volume were pronounced in the 1980s. In 1994, the "Net Ban" further diminished the
fishing industry. Inexpensive seafood competition from foreign sources made revenues decline for
those remaining. Catch volume has declined further during the most recent decade from 2000 2009.
A transition of land uses through redevelopment has shifted marine and waterfront related uses to
seasonal housing and condominium uses.
The transition away from fishing and marine related industry is typical and well documented in
similar island communities throughout Florida. For island communities however, this represents a
shift away from the historic and cultural aspects which gave rise to the community in the first place.
Occupational license data was reviewed to assess marine related employment and activity.
Occupational license data includes charter boats and captains, marina and boat storage, mobile
marine repair, marine related retail, marine wholesale supply, and marine repair. There are 1,928
such licenses. Some boat and captain licenses are duplicative resulting in an estimated 1,500 active
occupational licenses. Not all of these licenses will result in a full time job and many hold a
captain's license but are simply not active. Based on this information we find marine and marine
related services remains the smallest employment category in Monroe County.
Through a century of change, the marine industry has declined while other areas of employment
have grown in dramatic fashion. In terms of the volume and share of employment, there is very little
fishing, food processing or water transportation related employment today, compared with
employment in retail, finance and the broader service sector. The fishing industry accounts for only
1 percent of employment in island communities. Adding food processing, marine shipping, marine
repair and marina raises the share to 2 percent in Monroe County. Water related employment is the
smallest employment segment among island communities today, and equally small elsewhere in
Florida. Based on trends in commercial registrations, fish and shellfish catch volumes, and covered
employment, the marine industry is not a growth industry in Monroe County. Nor is it a growth
industry in other island communities or elsewhere in Florida.
The marine industry as it relates to fishing can become a cultural focal point, support surrounding
uses and continue to support and build the local restaurant industry. However, the marine industry
is not likely to become a substantial employment generator in the future, nor a large-scale or
growing aspect of the Keys economy.
As measured by commercial fishing licenses, the volume and size of the commercial fishing industry
has declined sharply over the past 30 years. Commercial fishing licenses have fallen by 25% and
the volume of seafood catch has declined some 70%.
9
IN) .
ln.v
200
UU
S,W
1,500
1.000
N
2,500
2,000
1,500
1,000
:RR
19AR 10.RR 199A ]0RA
--9—Catch Volume 1Ibs) fiommercialboitLiee++ses
Figure 12 - Commercial Fishing Industry - Monroe County
Recreational boating has expanded. This has opened opportunities for pleasure boat repair, boat
maintenance and storage. Pleasure boat licenses have more than doubled in the Keys since 1980.
IWO
20M
:wco r r +
s�0 �7s6 a7!! 2a
Figure 11- Pleasure Boat Licenses In Monroe County
Remainder of Page Intentionally Left Blank
10
III. PROPOSED AMENDMENTS
Request to amend the FLUM designation from Industrial to Mixed Use/Commercial (MC) for the
property identified in yellow below.
The FLUM amendment will affect 18 parcels (00123660-000000, 00123720-000400, 00123760-
000200, 00123720-000100, 00123720-000200, 00123730-000100, 00123740-000000, 00123770-
000000, 00127290-000000, 00127380-000000, 00127250-000000, 00127280-000000, 00123600-
000100, 00123600-000102, 00123600-000101, 00123590-000000, 00123570-000000, and
00123540-000000) located on South Stock Island, totaling 49.40 upland acres.
(See Exhibit 4)
11
IV. ANALYSIS OF PROPOSED DENSITIES & INTENSITIES; COMPATABILITY; AND
CONCURRENCY ANALYSIS
Compatibility:
The approximate location of the proposed FLUM amendment is outlined below in the pink circle:
As can be noted in the map above, many of the properties neighboring the parcels which are the
subject of the requested FLUM amendment are currently designated as Mixed Use/Commercial
(shown in red). The surrounding area includes a mix of uses, including but not limited to:
commercial, office, industrial, service (such as engine repair), storage, warehouse, restaurants,
residential housing, public utility facilities and commercial fishing uses.
Additionally, the subject parcels which are the subject of the requested FLUM amendment are
designated as Tier III, classified as developed land, and are not designated as habitat for any
protected species. With the diverse set of uses located on the subject parcels and the neighboring
properties, the proposed amendment is considered compatible with the existing uses, the character of
the undeveloped & developed properties, and the surrounding natural resources.
12
Maximum Allocated Density and Intensity by Future Land Use Map Designation:
Existing FLUM
Type
Adopted Standards
Development potential
Residential
1 du
49 units
Allocated Density/Acre
or
Industrial
Transient
0 rooms/spaces
0 rooms/spaces
FLUM
Allocated Density/Acre
or
Total site: 49.4 acres
Nonresidential
Maximum Intensity
0.25-0.60 FAR
537,966 sf-1,291,118 sf
Proposed FLUM
Type
Adopted Standards
Development potential
Residential
49 units
Allocated Density/Acre
1 du
MC FLUM & MI Zoning
Transient
Mixed Use/ Commercial
FLUM
Allocated Density/Acre
160 -481 rooms/spaces
(32.11 acres
5-15 rooms/spaces
Total site: 49.4 acres
removed 35% of upland area*
or
or 17.29 acres)
Nonresidential
Maximum Intensity
0.30-0.60 FAR
645,559 sf-1,291,118 sf
Development potential is cumulative,
Net Change in
Residential: no change
for example: 49 residential units —OR-
Development Potential
Transient: +481 rooms/spaces
481 transient units —OR- 1.3M square
based on FLUM
Nonresidential: no change
feet of nonresidential (or fractions of
each which does not exceed 100% of
the development potential).
Note: The above table provides an approximation of the development potential for residential,
transient and commercial development. Please note, Section 130-156 of the Land Development
Code states: "The density and intensity provisions set out in this section are intended to be applied
cumulatively so that no development shall exceed the total density limits of this article. For example,
if a development includes both residential and commercial development, the total gross amount of
development shall not exceed the cumulated permitted intensity of the parcel proposed for
development. "
*Note: The MC FLUM text amendment to revise the MC FLUM Category description and assign the
Maritime Industries Zoning District to the MC category, also includes a requirement that 35% of the
upland area to be preserved for working waterfront and water dependent uses and exclude transient uses.
**Note: The MC FLUM text amendment limits permanent residential development to employee housing or
commercial apartments.
13
Concurrence Analysis:
POTABLE WATER - FKAA's Water Treatment Facility in Florida City, has a maximum water
treatment design capacity of 29.8 million gallons per day (MGD) and is capable of treating up to
23.8 MGD. There are also two saltwater Reserve Osmosis (RO) plants, located on Stock Island and
Marathon, which are able to produce potable water under emergency conditions. The RO
desalination plants have design capacities of 2.0 and 1.0 MGD of water, respectively. The annual
average daily demand is 16.21 MGD and projections indicate a slight increase to an annual average
daily demand to 16.54 MGD.
The applicant has submitted a letter of coordination from the Florida Keys Aqueduct Authority
stating there is adequate capacity based upon the maximum density and intensity potential under the
MC FLUM (see Exhibit 5).
FLUM
INDUSTRIAL
Comprehensive Max Potential
Plan Potable Water Residential Persons/ Total
Policy 701.1.1 Development I household persons
(dwelling units)
Residential LOS
66.50/gaUcap/day 49 du
(149 gal/du/day)
MIXED USE / Residential LOS
COMMERCIAL 66.50/gaUcap/day
(149 gal/du/day)
Comprehensive Plan
FLUM
Potable Water Policy
701.1.1
.INDUSTRIAL
Nonresidential LOS
(0.60 FAR)
0.35 gal/sq.ft./day
MIXED USE /
Nonresidential LOS
COMMERCIAL
0.35 gal/sq.ft./day
(0.60 FAR)
Total LOS
Demand
2.24 1 109 1 7,248
296 du 2.24
Max Potential
Intensity
Floor Area Ratio
(FAR) Souare Feet
1,291,118 sf
1,291.118 sf
663 44,089
Total LOS Demand
451,891
451,891
Net
Change
+36,841
Net Change
No changes
SOLID WASTE - Monroe County has a contract with Waste Management, authorizing the use of in-
state facilities through September 30, 2016; thereby, providing the County with approximately four
years of guaranteed capacity.
The applicant has submitted a letter of coordination from Waste Management stating there is
adequate capacity based upon the maximum density and intensity potential under the MC FLUM
(see Exhibit 5).
14
Comprehensive Max Potential
FLUM Plan Solid Waste Residential Persons/ Total Total LOS Net
Policy 801.1.1 Development household persons Demand Change
(dwelling units)
INDUSTRIAL Residential LOS 49 du 2.24 I 109 592
5.44lbs/capita/day `
+3,014
MIXED USE / I Residential LOS 296 du 2.24 I 663 I 3,606
COMMERCIAL 5.44lbs/capita/day
SANITARY SEWER — The property will be served by the Key West Resort Utilities Wastewater
Treatment Plant. The applicant has submitted a letter of coordination from Key West Resort
Utilities stating there is adequate capacity based upon the maximum density and intensity potential
under the MC FLUM (see Exhibit 5).
TRAFFIC CIRCULATION — According to the 2011 US.1 Arterial Travel Time and Delay Study,
US 1 is operating overall at a LOS of "C." In the Lower Keys Area, the Stock Island segment
(Segment 1 — MM 4.0-5.0) is operating at a LOS of "B" and the segments from Boca Chica
(MM5.0-9.0) north to Big Pine Key (MM 29.5-33.0) are operating at a LOS of "C" or better.
• Segment # 1— (4-LID) Cow Key Bridge to Key Haven Boulevard (2,131 Reserve Trips),
■ LOS B
• Segment # 2 — (4-LID) Key Haven Boulevard to Rockland Drive (5,683 Reserve Trips),
■ LOS A
• Segment # 3 — (2-LILT) Rockland Drive to Boca Chica Road (969 Reserve Trips)
■ LOS C
The applicant has submitted a traffic analysis and the County's traffic consultant has reviewed and
provided a traffic analysis (see Exhibit 5)
Other Analysis — Military Comppatibility: On May 22, 2012, the County adopted amendments to
the Comprehensive Plan to address military compatibility criteria. These Comprehensive Plan
amendments require applicants for FLUM amendments within the MIAI (Military Installation Area
of Impact) received after the effective date of the policies (July 19, 2012) to provide a supplemental
noise study, based on professionally accepted methodology, if NASKW indicates the property is
within a noise zone greater than 65 DNL.
The Safe Harbor Marina Property Owners Association, Inc., Future Land Use Map Amendment
request was submitted prior to the effective date of the recently adopted Military Compatibility
Policies and does not trigger any of the additional noise study requirements.
Additionally, the Monroe County has amended its Land Development Regulations by deleting the
"1977 Air Installation Compatible Use Zones Overlay" and associated development controls.
While this amendment is not subject to the additional noise study requirements, the Navy's 2007
AICUZ report does identify a portion of the subject properties within the 65 DNL contour (yellow
15
circle below); however, the Navy's Suggested Land Use Compatibility Recommendations do not
prohibit the allowed uses within the MC FLUM Category. (See Exhibit 6)
For example:
• Retail is listed as Y
• Housing Units are listed as Ni
• Transient lodging is listed as N'
• Marine craft transportation is
listed as Y
• Warehousing and storage
is listed as V
• Repair Services is listed as Y
Key to Navy's Suggested Land Use Compatibility
Y = Yes, Land Use and related structures compatible without restrictions.
YI = (Yes with Restrictions) The land use and related structures are generally compatible. However, see note(s)
indicated by the superscript.
N' = (No with Exceptions) The land use and related structures are generally incompatible. However, see notes
indicated by the superscript.
N = No, Land Use and related structures are not compatible and should be prohibited
The su rscri t of 1 states:
a) Although local conditions regarding the need for housing may require residential use in these Zones,
residential use is discouraged in
DNL 65-69 and strongly discouraged in DNL 70-74. The absence of viable alternative development options
should be determined and an evaluation should be conducted locally prior to local approvals indicating that a
demonstrated community need for the residential use would not be met if development were prohibited in
these Zones.
b) Where the community determines that these uses must be allowed, measures to achieve and outdoor to indoor
Noise Level Reduction MR) of at least 25 dB in DNL 65-69 and NLR of 30 dB in DNL 70-74 should be
incorporated into building codes and be in individual approvals; for transient housing a NLR of at least 35
dB should be incorporated in DNL 75-79.
Note: Section 6.2 of the 2007 AICUZ states: The Navy has developed land use compatibility recommendations
for the APZs and noise zones as shown in Tables 6-2 and 6-3. These recommendations are intended to serve as
guidelines, but final decisions as to specific land use controls to be enacted into zoning regulations are made by
the local community.
16
Additionally, the DRAFT NASKW Environmental Impact Statement (EIS) which was released by the
Navy in the summer of 2012, includes a new DRAFT noise study, new DRAFT AICUZ contours based
upon the Navy's proposed alternatives as well as a new DRAFT existing conditions map of the noise
contours.
The existing conditions analysis in the DRAFT EIS is based upon:
o AnnuaI flight operations totaling 47,500, and detailed data on typical aircraft mix, types of
airfield operations, runway and flight track utilization, and engine maintenance run-up
operations
o Existing annual FCLP operations were estimated at 1,396
o An estimate that 2.6 percent of annual operations would occur during acoustic night (10 p.m.
to 7 a.m.)
o CIimate data
The results of this analysis produced a map of contours (Figure 3.1-2 of the DRAFT EIS) of the
existing noise environment from NAS Key West airfield operations and does not include the parcels
around Safe Harbor, Stock Island within the 65 DNL (see Exhibit 7 and below).
17
V. CONSISTENCY WITH THE MONROE COUNTY YEAR 2010 COMPREHENSIVE
PLAN, THE FLORIDA STATUTES, AND PRINCIPLES FOR GUIDING
DEVELOPMENT
A. The proposed amendment is consistent with the following Goals, Objectives and Policies of
the Monroe County Year 2010 Comprehensive Plan. Specifically, the amendment furthers:
Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure
the safety of County residents and visitors, and protect valuable natural resources.
Objective 101.4: Monroe County shall regulate future development and redevelopment to
maintain the character of the community and protect the natural resources by providing for
the compatible distribution of land uses consistent with the designations shown on the Future
Land Use Map.
Policy 101.7.2: By January 4, 1998, Monroe County shall complete a community plan for
Stock Island which shall address redevelopment needs identified by the needs assessment of
potential redevelopment areas. Preparation and funding of this plan shall be coordinated with
the City of Key West.
Policy 101.20.2: The Community Master Plans shall be incorporated into the 2010
Comprehensive Plan as a part of the plan and be implemented as part of the Comprehensive
Plan. The following Community Master Plans have been completed in accordance with the
principles outlined in this section and adopted by the Board of County Commissioners:
3. The Stock Island/Key Haven Livable CommuniKeys Plan Volume I is incorporated by
reference into the 2010 Comprehensive Plan. The term Strategies in this Master Plan is
equivalent to the term Objectives in the Comprehensive Plan and the term Action Item is
equivalent to the term Policy; the meanings and requirements for implementation are
synonymous.
4. Volume Two (2) of the Stock Island and Key Haven Livable CommuniKeys Master Plan
titled Harbor Preservation/Redevelopment and Corridor Enhancement Plan dated
November 2005 and incorporated by reference into the 2010 Comprehensive Plan. The
term Strategies in this Master Plan is equivalent to the term Objectives in the
Comprehensive Plan and the term Action Item is equivalent to the term Policy; the
meanings and requirements for implementation are synonymous.
Policy 105.1.1: Monroe County shall create an economic development framework for a
sustainable visitor -based economy, not dependent on growth in the absolute numbers of
tourists, that respects the unique character and outdoor recreational opportunities available
in the Florida Keys.
Policy 105.1.2: Monroe County shall prepare design guidelines to ensure that future uses and
development are compatible with scenic preservation and maintenance of the character of
the casual island village atmosphere of the Florida Keys.
Policy 502.1.1: Monroe County shall permit only port and port related land uses within the
Safe Harbor/Peninsular port area of Stock Island. Within twelve months of the effective
date of the Comprehensive Plan, Monroe County shall adopt Land Development
18
Regulations and amend the Land Use District Maps to only permit those land uses
including but not limited to commercial and industrial port dependent uses, industry,
commercial fishing, marinas, and employee housing.
Policy 502.1.2: Monroe County shall permit land uses supportive, complementary or
otherwise port related nearby and adjacent to the Safe Harbor/Peninsular port area of Stock
Island. Within twelve months of the effective date of the Comprehensive Plan, Monroe
County shall adopt Land Development Regulations and amend the Land Use District Maps
to only permit those uses, including but not limited to warehousing, industry, affordable
housing, marine businesses, and restaurants.
Policy 502.1.5: Monroe County shall support a proposal to amend the Coastal Barrier
Resources System Map adopted by the Coastal Barrier Improvement Act of 1990, to delete
the improved port property along the Safe Harbor entrance channel from the system unit,
FL 57.
Stock Island/Key Haven Livable CommuniKeys Plan Volume I:
Action Item 2.1.1: Initiate and complete a land use classification reevaluation plan for Stock
Island.
Action Item 2.3.1: Continue to recognize land use districts and FLUM categories as the
regulatory tool used for evaluating individual proposals for compliance with land
development standards such as type of use and intensity of use.
Stock Island/Key Haven Livable CommuniKeys Plan Volume II:
Action Item: Promote a diverse mix of land uses to support increased activity in the harbor
area, while remaining compatible with its working waterfront character and function.
B. The amendment is consistent with the Principles for Guiding Development for the Florida
Keys Area, Section 380.0552(7), Florida Statute.
For the purposes of reviewing consistency of the adopted plan or any amendments to that plan
with the principles for guiding development and any amendments to the principles, the principles
shall be construed as a whole and no specific provision shall be construed or applied in isolation
from the other provisions.
(a) Strengthening local government capabilities for managing land use and development so that
local government is able to achieve these objectives without continuing the area of critical
state concern designation.
(b) Protecting shoreline and marine resources, including mangroves, coral reef formations,
seagrass beds, wetlands, fish and wildlife, and their habitat.
(c) Protecting upland resources, tropical biological communities, freshwater wetlands, native
tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and
beaches, wildlife, and their habitat.
(d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound
economic development.
19
(e) Limiting the adverse impacts of development on the quality of water throughout the Florida
Keys.
(f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural
environment, and ensuring that development is compatible with the unique historic character
of the Florida Keys.
(g) Protecting the historical heritage of the Florida Keys.
(h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and
proposed major public investments, including:
1. The Florida Keys Aqueduct and water supply facilities;
2. Sewage collection, treatment, and disposal facilities;
3. Solid waste treatment, collection, and disposal facilities;
4. Key West Naval Air Station and other military facilities;
5. Transportation facilities;
6. Federal parks, wildlife refuges, and marine sanctuaries;
7. State parks, recreation facilities, aquatic preserves, and other publicly owned
properties;
8. City electric service and the Florida Keys Electric Co-op; and
9. Other utilities, as appropriate.
(i) Protecting and improving water quality by providing for the construction, operation,
maintenance, and replacement of stormwater management facilities; central sewage
collection; treatment and disposal facilities; and the installation and proper operation and
maintenance of onsite sewage treatment and disposal systems.
(j) Ensuring the improvement of nearshore water quality by requiring the construction and
operation of wastewater management facilities that meet the requirements of ss.
381.0065(4)(1) and 403.086(10), as applicable, and by directing growth to areas served by
central wastewater treatment facilities through permit allocation systems.
(k) Limiting the adverse impacts of public investments on the environmental resources of the
Florida Keys.
(1) Making available adequate affordable housing for all sectors of the population of the Florida
Keys.
(m)Providing adequate alternatives for the protection of public safety and welfare in the event of
a natural or manmade disaster and for a postdisaster reconstruction plan.
(n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and
maintaining the Florida Keys as a unique Florida resource.
Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is consistent with the
Principles for Guiding Development as a whole and is not inconsistent with any Principle.
C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute
(F.S.). Specifically, the amendment furthers:
163.3161(4), F.S. — It is the intent of this act that local governments have the ability to preserve
and enhance present advantages; encourage the most appropriate use of land, water, and
resources, consistent with the public interest; overcome present handicaps; and deal
effectively with future problems that may result from the use and development of land within
their jurisdictions. Through the process of comprehensive planning, it is intended that units
P
of local government can preserve, promote, protect, and improve the public health, safety,
comfort, good order, appearance, convenience, law enforcement and fire prevention, and
general welfare; facilitate the adequate and efficient provision of transportation, water,
sewerage, schools, parks, recreational facilities, housing, and other requirements and
services; and conserve, develop, utilize, and protect natural resources within their
jurisdictions
163.3161(6), F.S. - It is the intent of this act that adopted comprehensive plans shall have the
legal status set out in this act and that no public or private development shall be permitted
except in conformity with comprehensive plans, or elements or portions thereof, prepared
and adopted in conformity with this act.
163.3177(1), F.S. - The comprehensive plan shall provide the principles, guidelines, standards,
and strategies for the orderly and balanced future economic, social, physical, environmental,
and fiscal development of the area that reflects community commitments to implement the
plan and its elements. These principles and strategies shall guide future decisions in a
consistent manner and shall contain programs and activities to ensure comprehensive plans
are implemented. The sections of the comprehensive plan containing the principles and
strategies, generally provided as goals, objectives, and policies, shall describe how the local
government's programs, activities, and land development regulations will be initiated,
modified, or continued to implement the comprehensive plan in a consistent manner. It is not
the intent of this part to require the inclusion of implementing regulations in the
comprehensive plan but rather to require identification of those programs, activities, and land
development regulations that will be part of the strategy for implementing the comprehensive
plan and the principles that describe how the programs, activities, and land development
regulations will be carried out. The plan shall establish meaningful and predictable standards
for the use and development of land and provide meaningful guidelines for the content of
more detailed land development and use regulations.
163.3177(6)(a)2., F.S. - The future land use plan and plan amendments shall be based upon
surveys, studies, and data regarding the area, as applicable, including:
a. The amount of land required to accommodate anticipated growth.
b. The projected permanent and seasonal population of the area.
c. The character of undeveloped land.
d. The availability of water supplies, public facilities, and services.
e. The need for redevelopment, including the renewal of blighted areas and the elimination of
nonconforming uses which are inconsistent with the character of the community.
f. The compatibility of uses on lands adjacent to or closely proximate to military installations.
g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and
consistent with s. 333.02.
h. The discouragement of urban sprawl.
i. The need for job creation, capital investment, and economic development that will
strengthen and diversify the community's economy.
j. The need to modify land uses and development patterns within antiquated subdivisions.
163.3177(6)(a)8., F.S. - Future land use map amendments shall be based upon the following
analyses:
a. An analysis of the availability of facilities and services.
21
b. An analysis of the suitability of the plan amendment for its proposed use considering the
character of the undeveloped land, soils, topography, natural resources, and historic
resources on site.
c. An analysis of the minimum amount of land needed to achieve the goals and requirements
of this section.
163.3194(1)(b), F.S. -- All land development regulations enacted or amended shall be
consistent with the adopted comprehensive plan, or element or portion thereof, and any land
development regulations existing at the time of adoption which are not consistent with the
adopted comprehensive plan, or element or portion thereof, shall be amended so as to be
consistent. If a local government allows an existing land development regulation which is
inconsistent with the most recently adopted comprehensive plan, or element or portion
thereof, to remain in effect, the local government shall adopt a schedule for bringing the land
development regulation into conformity with the provisions of the most recently adopted
comprehensive plan, or element or portion thereof. During the interim period when the
provisions of the most recently adopted comprehensive plan, or element or portion thereof,
and the land development regulations are inconsistent, the provisions of the most recently
adopted comprehensive plan, or element or portion thereof, shall govern any action taken in
regard to an application for a development order.
163.3194(3)(a), F.S. — A development order or land development regulation shall be consistent
with the comprehensive plan if the land uses, densities or intensities, and other aspects of
development permitted by such order or regulation are compatible with and further the
objectives, policies, land uses, and densities or intensities in the comprehensive plan and if it
meets all other criteria enumerated by the local government.
163.3201, F.S. — It is the intent of this act that adopted comprehensive plans or elements
thereof shall be implemented, in part, by the adoption and enforcement of appropriate local
regulations on the development of lands and waters within an area. It is the intent of this act
that the adoption and enforcement by a governing body of regulations for the development of
land or the adoption and enforcement by a governing body of a land development code for an
area shall be based on, be related to, and be a means of implementation for an adopted
comprehensive plan as required by this act
D. The proposed amendment is consistent with the Florida Statutes (F.S.). Specifically, the
amendment furthers:
342.07, F.S. - The definition of the term recreational and commercial working waterfront
means a parcel or parcels of real property that provide access for water -dependent
commercial activities, including hotels and motels as defined in s. 509.242(1), or provide
access for the public to the navigable waters of the state. Recreational and commercial
working waterfronts require direct access to or a location on, over, or adjacent to a navigable
body of water. The term includes water -dependent facilities that are open to the public and
offer public access by vessels to the waters of the state or that are support facilities for
recreational, commercial, research, or governmental vessels. These facilities include public
lodging establishments, docks, wharfs, lifts, wet and dry marinas, boat ramps, boat hauling
and repair facilities, commercial fishing facilities, boat construction facilities, and other
22
support structures over the water. As used in this [statute] section, the term "vessel" has the
same meaning as in s. 327.02(39). Seaports are excluded from the definition.
VI. PROCESS
Comprehensive Plan Amendments may be proposed by the Board of County Commissioners, the
Planning Commission, the Director of Planning, or the owner or other person having a contractual
interest in property to be affected by a proposed amendment. The Director of Planning shall review
and process applications as they are received and pass them onto the Development Review
Committee and the Planning Commission.
The Planning Commission shall hold at least one public hearing. The Planning Commission shall
review the application, the reports and recommendations of the Department of Planning &
Environmental Resources and the Development Review Committee and the testimony given at the
public hearing. The Planning Commission shall submit its recommendations and findings to the
Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the
transmittal of the proposed comprehensive plan amendment, and considers the staff report, staff
recommendation, and the testimony given at the public hearing. The BOCC may or may not
recommend transmittal to the State Land Planning Agency. The amendment is transmitted to State
Land Planning Agency, which then reviews the proposal and issues an Objections,
Recommendations and Comments (ORC) Report. Upon receipt of the ORC report, the County has
180 days to adopt the amendments, adopt the amendments with changes or not adopt the amendment
VI. STAFF RECOMMENDATION
Staff recommends approval.
VII. EX)EIIBITS
1. Legal Description of subject parcels on Stock Island request the FLUM amendment
2. Excerpt of FLUM amendment Application, submitted May 21, 2012
3. Excerpt of the Stock Island/Key Haven Livable CommuniKeys Master Plan
4. FLUM Amendment maps
5. Letter of Coordination from the utilities and Traffic Analyses
6. Excerpt of 2007 AICUZ report
7. Existing Condition Maps from Draft NASKW EIS
8. CBRS boundary of Unit 57 on Stock Island
9. Data submitted by the Applicant on the KWRU Corp. Abandonment Contingencies
23
Exhibit 1
LEGAL DESCRIPTIONS
ISLAND TRUST AGREEMENT 03/10/1989
LEGAL DESCRIPTION
535i 3�t1113T 'Iil'+- .-. ' l 3
I.D:%I. I1/{411111"1'1IM
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STRUPT FOR 640.40 FKHT 10 THE PlllWr OF III-.01WRI1R: OF 771E PAI01Is1. OF I.ANII
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SAID TRACT CONTAINS 5.26 ACMUS, 30,11t: 09 L11-201 AND SL4%JI-= TO Tills POIdA1 LNG
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AND
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TF lxATliVc OF SAID SotMI kI.V LIXII.
BERNSTEIN TRUST
LEGAL DESCRIPTION
184 m
K# 2521 Fj# 28B
IN RE: ESTATE OF
BENJAMIN BERNSTEIN Case No. 1973-CP-096-K
Deceased
A parcel of land on Stock Island and being a part of Block 55 of
McDonald's Plat of Stock island as recorded in Plat Book 1 at page
55 of the Public Records of Monroe County, Florida and being also
a part of submerged lands described in T. I. I. F. deed number
19837-A, all of which is described more particularly by metes and
bounds as follows:
Commencing at the intersection of southerly right-ofway boundary
line of Fourth Avenue with the westerly rigbt-of-way boundary line
Of Front Street; thence Southoutwardly in and along the westerly
right-of-way boundary line of Front Street a disterm of 8405 feet to
the point of beginning of the pucd of land herein being descnW;
thence along aforesaid rigbt-of-way boundary line south 47 degrees
13 minutes 30 seconds East a distance of 163.26 feet to a point;
thence south 6 degrees Ot minute 50 seconds West, a distance of
313.78 feet to a point; thewA South 70 degrees 27 minutes 50
seconds West, a distance of 791.00 feet to a point; thence North 46
degrees 15 minutes 42 seconds West, a distance of 334.66 feet to a
point; thence North 87 degrees 08 minutes 10 seconds East, a
distance of485.00 feet to a point; thence North 5 degrees 33 minutes
56 seconds East, a distance of 340.04 feet to a point; thence North 53
degrees 21 minutes 10 seconds East, a distance of 207.18 feet to a
point; thence South 47 degr = 13 minutes 30 seconds East, a
distance of 179.69 feet to a point; thence North 42 degreas46 minutes
30 seconds East, a distance of 125.0 feat to the point of beginning,
containing 7.29 Aces, more or less.
EXHIBIT "A"
mucw
FICIAL ECM
I
;.t TS ralM
n mez? C
ti
To the grnataes of bast S tmder The Will of Benjamin Bernstein,
Dowaseds
A part of Blom 55, of that P3at of Stock Iolond, ae race In in
Plat Doak I, page $5 of the Public Isamob oe lbnroe County
plehrlda, and 10 PO cleularlyy described as folAouss Carna�ug
Labersdadon
at the of the Bouthwateriy right-otway lino at
Rent Street awd the Soat"astarly right-of-way Dina of Fourth
bus of tha'said Plot of Stole Island. bear South 47 dogasee,
3.3 nsiaetas sud 30 Macau" last along the Southwesterly right -of -
Way line of Fnront Street far a 41@L4010e of 260.00 foot to a point
{
rhisb is the point of Bsgiuuiags Coatis thence South 47 degrees
13 aiinutls a" 30 e11000411 east along sup SouthUasbrly right rot-
a
Way llne-of grant Street far s disteaenn of 600,00 feat to a polatr
than= boar South 42 dsgensea. 47 elnotos Mud 30 socetde Msit fair
a distance of -1M.00 toot to a poiatr tlealeoa boor North 47 do—s,
13 Minot" Mud 30 aooeeds Mkt for disteaus 600.00 feet
s of o
a points Isaoi bunt Mono 42 degrees, 47 minutes Mad 30 saaaads
Stoat a di"tauda of 173.00 toot Seale to the Point of Devibl".
T"@thar Wide all. UWwwoeuts theme. Ater
A treat of load an a part of Stock island. Nons+os aegsty, Florida,
'sobs
end being saris partiealarly described by and DetinI as
follawn ODatornaiungg at the intorseatian of the Saatborly right-
ofw�h�► Aires of nfth' AVesnno end the utterly right-ofwq tire!
of Fltth street of the Plat of Stock Island, looerdad In Plat
Book I, Page 55 of the Public heaords o!_71sag" Comity, Florida,
beer south 83 dogmeas and 56 usustas Bast, 500.00 Mote thaaoe
dogremm
bow din ice
03 K yetis 3131.63 Seats
a e
boas SNatitbh au Eat., tbwoe
'
boar North Oi irgsust@ had 04 minutes. Most, 1591.05 het to the
Point of S"gianinq Of tbs treat of land hereinafter described)
fr@n said Point of r@ ieaninng bear South 10 dogrove and 36 sinutaa
•
!nest for a distanas o lOSO hot► sore or Ices, to the asatsrlins
of the bntranae Channels thence bear IWO 5S degrees and 4S Oian-
kkbs Met a1on0 the aohterUes of staid PMtrwAo Channel for s
distance of 12 feet, pore or lose, to a paint: thowas bear Menu
83 dogro w and $6 winutss Nest for a distance of 475 lost move
or less, to o point which is 70J Bret had !coating South U
and 04 sinetas Mast fmos the southoriy riyht-ot-rq Una ef�
Avenue !house beat "Ca 06 M I and Of Miss,@ Seat for a
@nas dist•ot 400 feet Stirs or lossto the Southerly shor•liae
of Bleak 13, RUN& 5; of %be Plat of Steeds Islands thence smander
the shoreline in an saststrl direction for a distance of 1440
feet, . or less, to a at whim In healing North INdst We"
and 04 minutes Plat frog Foie . o! s@ginnirgr tboace boar south
06 dsgrses and 64 D"utes Vest for o distance of 100 fiat, le0s+s
or lessp back to aka Point of Begianiag.
Lose L%e follorrinq parcel of land included in We legal des-
cription:
A Parcel of land an Stock Island and being ■ part of Block 95
of XeDonald•s Plat of stock Island at recorded in Piet Book 1
at Pug* 55 of the Public nacolds.of Manson County, r1oslda and
being also a part of aabserged lands desarlbod in T. 1. I. r.
L
•... •-f[ Jvv'" {." ..r. .. •I.A. 1 r wr. , I . 1 .•.�.}:
i
'rc
deed nwber 19137-A. all of rhirh,ls described morn partleulxrly
by Matta and baw4w as follars,
CoMmof snoln9 at the intsaeetion of aaaeherlyright-odf-ray with
boundary of rrealstreeetl tsedontmatrardlya
westerly right -or -ray boundary line .of yeont Street a distance
Of 840.S'10*t to the point of begimking of the pared of land
heroin beta* dssoctbadk thence slang efordsoid ri4ht-'of-ray
boundary line AouM 47 define i3 d autes 20 aeaan" Rest a
dlstasce of 142.2s feet to a point, thence soath s dsgwes ai
Minute 30 aaGOAft Meet, a distenoo of 312.74 goat to a point,
thsaaa South 70 Vogrees 27 minutes So saosnds Mast, a diggaaft
of 791.00 list to adiint, thence Borth d6 degrees 1S nisn 0
42 seeohds Most, a stance of 334.6loot to a point, thswm
Worth 07 dogrew 00 sLautes 10 M=rA@ pmt, a dietaaes of 40S.00
feet to a p41At, thas,ca earth 5 dogrose 33 minutes S6 ■econds Salt,
a distw4w of 340.04 Cost to a Voint, thence Barth S3 densest
2a alantas 10 BOOM" Beat, a distance of 207.1d feet to a point,
*j"QS 0erth 47 Negress 13 minutes 30 aeconds Cast, a distance of
170.69 fast to•a Fpesint, thence North 42 dagraes 46 winces 30
cep kds last. a distw"m of 125.0 foot to the point of beginning,
eentaininq 7.28•ho., more or 101ps.
All at Block me all of hot 13, Blow* 37 and all of $IN* 55 of
the Plat of Btoeh ,sued, ss raaorded in plat Rook 1, page 55 of
the Public Accords of flame county, rlorida. lass the Collaring
deaerlbsd ttaat to B1oeh SSt
3 , P.t turret sea thel sou"Wastsrlyrght-ot-way flue of
Fourth Avemos at the said plat of stook tsls". said lutesseetloa
a380 to be. Xauen as Nis Point of awnhinq of the treat or land
hes+ainofter described& bear South 47 engross, 13 agnates ad
de Meet glen* the Aauthreetariy eight-ef-ray iini os rto
sm stet for a distance or 156.00 [set G a point, theme bear
42 dssas, 47 minutes and 30 aaeonde last got a distance of
175. last to s points thence bear North 47 ¢agrees 12 asnutes
and 30 eeaandr Mast for a distance of aso.00 Cost to a point an
the Seutb asterly riqbt-of-way line of Fourth Aw nyr, comae
Isear Wrth 42 Negress, 47 kateutee rhd 30 eeqO,kSo a'.ast the
Southeasterly right -or -ray line. of rourth Avenue for a die
of 17S.00 feat back to the Point of swaning. 'Dk,0i4REA wM
all igproreowts thereon.
use
.a.. • •r� • •'[.«._! A.•.h•. S .;rile La.' 4... ....f 'f w.. ♦ .-. . . . r
6840 FRONT STREET, LLC
LEGAL DESCRIPTION
BAMA ONE, LLC
LEGAL DESCRIPTION
pA S
A tract of lend on a pert at Stock Island. Hear" Ceamty. Florida. end being more
p■rklcularly described by snotos end bound* to follows: CONIIENCINS at the
Intersection of the Southerly right of Kay lift* of Forth Avenue and CAS Easterly right
or way Ilne or Forth street of the Plot of Stock Islond, recorded In Plot Book I. Pogo
55 of the Public Records of Hone** County. Flarlde. boor s*utb W 56' East. 600.00
feet; thence beer South 06. 64' West. 2.242.25 feet: thence beer South 83' 66'
fast. 2.131,53 feet: thence beer North 06` OW Cost. I.524.IS rest to the POINT Of
BEGINNING of the wn e tract of land horelaefter describe#: from sold Point or Beginning
W beer North or ' West for a dlelento or 50.00 feet to s Point: thence boor South
70. 30' West for a distance er 910 root. more or Ism to the eonterllne of the
Entrance therms;: thsnte beer North 03' 45' West *long the eonterllas of sold
Entreat• Cheroot for a distance of 406 root. snwo or less. to a point which Is
390.55 feet measured at rlshl eagles to the Procedtog cowrie: theme* boor North 70'
3W lost for a distance or 1.060 feet. more or lose, to a point wMeh Is beering
Mort* 06" 04` toot from Lite Pettit or Beglanlm/: there* beer South 06' 04' well for
a distance of 4S6.90 tool bock 1e the POINT OF OEBINNINb.
LESS AND EXWT TNt FOLLOWING
A Vast of lend so steels Island. doom Corlity. Florida. and being snore portleelorly
deacrlbod by sestas *ad b*amds at follows: COt11 UC1NO at the latersectlem of the
Soolhorly right or Tray Ilse of forth Aveave and Low tosterly right or way line of
Fort% Shoot of the Plot of Stock Islond. reo*rdod In Plot Book 1. Page $5. of the
Pobllc Rocords of ftwoo county. Florida. beer South 63' $6' toot 500 rest; thence
bear S"t%*06' OW West. 2.242.23 rest: thence beer Smolt: 93' 56' lost. 2.131.113
feet: theme* boar North 06. 04' East. 1.526.91 feet to the POINT OE 8EGINKII45 of
the tract of Ismd heralneRor described: those* boar North 72. 14" 31' West. 99.13
foot to @ petal: those* boor Seat% 74' 24' 10' Well Shot # Ilas parallel *Ills end 23
root Northwostwov or the outside rota of am oslsttag cacr*te $**well. SCS.60 Feat
to a point; th*ncS beer Worth 66' 4T WeM, 51.21 root to * plot *m ten WASW* race
of os *slsklag Ceaerste so*wolls unto beer South 74' 24' 10' wool *last Pa
eutslfo fees of os existing concrete seewell. 60.35 root to a point: thence beer
Seeth 1S' 3S' 50' toot parallel to the *ukoldt face of so *ulstlat Concrete $@@well.
113.42 root la a Point: thence bear South 70. 3W West. 260.13 feet. owe er lose.
to a Plat on Lbw comterline of the eatreace cbeanal: these* boar Worth 05' 41V Weak.
along the Setif eontorllne of the emtroeee channel. 406 root. more w less, is a Petal
390.38 foot distant Rom and moosured St right oaglos to the rrocedlmt toffs.;
those* bear North 70' 30' lost for a dlalswco of 1060 root. mor* or less. is a Point
which Is beeping North 06' 04' toot *ad dlete■i 4S2AI foot from the Petal of
Batiralat: these* beer South 06' 04' Woal for a dlsteaco of 452.14 feet beck to the
POINT OF SIBINItING.
A WIP *r Isad *ad water *a * Pert of stock Islond. flour@@ County. Florid*, and
bolnt %mere particularly described by motes *ad b*amds as follows: cohnn1NNi at
kh* latormwtlon of 'he southerly not *r way line or nfU Aware oust so Eost*riy
fight at *ray I100 of firth street at tM Plot at $tech islemsi. *s rocerlN to Plot 11*ak
1. Poge 55. of lone Publlt :loterds of fteroe eawaty. norldn. boor South or s6'
East. "OAS r**t: %beat* boar south Sri' 04' West. 2.24249 toots am* e* boar
Souu 63' SW Lest. 2.131.33 feet: theme@ boar Iowa Ob• 04' East. 1.474.115 hit
to ten 010111T OF 5161 1111Ni of the strip of land *M Weaw b*toln*ftor doserlbod. from
$old Petal *r iaglarelag. contlaae bowbo If@rt% 06' OW ta*t, so toot: Low* best
North 030 W %hst, SO rat; OWS boar 11000 70' 30' Week. 910 fo*t, owe or
1#99, to * Point = the e*mtsttls* of oa tatrenco chs"WI: thanes boor South 050 45'
East 61*nt sold a*atortino 1* a point whlcb Is do root, meassirod at right mobs to
as preceding coarse: thme boor worth 70. 30' test. 90S ftet, tm@ro or loss. to a
11*10t wbkh 10 b*erlag North 83' S6' Wrret rrosm Cho Point of begtaasimt; Unate bear
Soft 43' 96' test. 4S root. more #r td$. bees t@ the POINT a GlSaWlWi.
EXHIBIT A
ltOMOB CORJtyI'Y
OPPICIAL FACOWS
w
LONGSTOCK, II LLC
LEGAL DESCRIPTION
Does latme
saIMUff A No No pa 367
PARCEL A:
A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY,
FLORIDA AND BEING MORE PARTICULARLY DESCRIBED 13Y MUM AND BOUNDS AS
FOLLOWS:
COMMENCINO AT THE INTERSECTION OF THE EASTERLY LIi+1S OF PWM STREET
AND THE SOUTHERLY UNE OF FIFTH AVENUE OF THE PLAT OF STOCK ISLAND, AS
RECORDED IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC RECORDS OF MONROE
COUNTY, FLORIDA, BEAR SOUTH 84 DEGREES 02 MINUTES 07 SECONDS EAST;
484.79 FEET; THENCE BEAR SOUTH 05 DEGREES 39 MINU7E8 55 SECONDS WEST,
938.76 FEET; THENCE BEAR SOUTH 08 DEGREES 09 MINUTES 05 SECONDS EAST
249.71 FRET; THENCE BEAR SOUTH 14 DEGREES 38 MINUTES 05 SECONDS EAST,
131.51 FEET; THENCE BEAR SOUTH 01 DEGREES 56 MINUTES 55 SECONDS Won,
456.55 FEET TO THE POINT OF BEGINNINO OP THB TRACT OF LAND AND
SUBMERGED LANDS HEREIN AFTER DESCRIBED; FROM SAID POINT OF BEGINNING
CONTINUE BEARINO SOUTH 01 DEGREES 56 MINUTES 55 SECONDS WEST,
119.17FEBT,' THENCE BEAR SOUTH 05 DEGREES S4 MINUTES 55 SECONDS WEST,
186.69 FEET; THENCE BEAR SOUTH 84 DEGREES 05 MINUTES 05 SECONDS EAST,
175.00 FEET TO A POINT; THENCE BEAR NORTH 34 DEGREES 32 MOW= 55
SECONDS EAST, 116.44 FEET TO A POINT; THENCE BEAR NORTH 89 DEGREES 27
MINUTES 55 SECONDS BAST, 913.36 FEET TO A POINT; THENCE BEAR NORTH 06
DEQRBES 02 MINUTES 03 SECONDS WEST, 230.00 FEW. TO A POINT WHICH 18
HEARINO NORTH 69 DEGREES 27 MINUTES ES 55 SECONDS EAST FROM THE
APOREMENTIONBD POINT OF BEGINNING; THENCE BEAR SOUTH 89 DEGREES 27
MINUTES 55 SECONDS WEST FOR A DISTANCE OF 1108.00 FEET BACK TO THE
POINT OF BEGINNING.
PARCEL B-
A TRACT OF WAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY,
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS. COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF FIFTH
STREET AND THE SOUTHERLY LINE OF FIFTH AVENUE OF 7712 PUAT OF STOCK
ISLAND, AS RECORDED IN PLAT BOOK 1, PACE 55, OF THE PUSUC RECORDS OF
MONROE COUNTY, FLORIDA. BEAR SOUTH 83 DEGREES, & MINUTES EAST. 485.00
FEET, THENCE BEAR SOUTH 05 DEGREES, 47 MINUTES WEST, "S.Be p=r
THENCE BEAR SOUTH 08 DEGREES, 02 MINUTES EAST, 249.71 FEET; n=CS BEAR
SOUTH 14 DEGREES, 3I MINUTES EAST, 13I.51 FEET; THENCE BEAR SOUTH 02
D2GRERS, 04 MINVIES WEST, 252.25 PEST TO THE POINT OF BEGINNING OF THE
TRACT OF LAND AND SUBMERGED LAND HEREINAFTER DESCRIBED, THENCE
SOUTH 54 DEGREES 19 MINUTES EAST, 140 FEET MORE OR 18,8E TO THE OUTSIDE
FACE OF AN EXISTM CONCRETE SEAWALL; THENCE BEAR NORTH 88 DEGREES, 56
MINUTES EAST, 970 FEET, MORE OR IBM OUT INTO AN E7(IS7TN0 SLIP; THENCE
BEAR SOUTH 05 DEGREES, 55 MRA TES WEST, 180 FEET, MORE OR LESS, TO THE
CENTER LINE OF AN EXISTING SPIT OF LAND; THENCE BEAR SOUTH $9 DEGREES,
32 MINLITCS WEST, ALONG SAID CENTER UM OF SAID SPIT OF LAND I108 FEET,
MORE OR LESS, TO A POINT WHICH IS BEARING SOUTH 02 DEGREES, 04 MINUTES
WEST FROM THE POINT OF BEGINNING; THENCE BEAR NORTH 02 DSQREES, 04
MINUTES EAST, 194.29 FEET BACK TO THE POINT OF BEMNING.
ALSO DESCRIBED AND INSURED A&
Do" laism
Mil 2499 Pot 356
A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND MONROE COUNTY,
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE BAS73MY LINE OF FIFTH STREET
AND THE SOUTHERLY LIKE OF FIFTH AVENUE OF THE PLAT OF 811OCK ISLAND, AS
RECORDED IN PLAT BOOK 1. PAGE 55 OF THE PUBIC RECORDS OF' MONROE
COUNTY, FLORIDA. BEAR SOUTH 84 DEGREES 02 MINUTES 07 SECONDS EAST
484.79 FEET; THENCE BEAR SOUTH 05 DEGREES 39 MINUTES 55 SECONDS WWr.
935.76 FEET, THENCE HEAR SOUTH 08 DEGREES 09 MINUTES 05 SECONDS EAST
249.71 F'EE"T; THENCE BEAR SOUTH 14 DEGREES 38 MINUTES 05 SECONDS BAST
131.51 FEET; THEIFCE BEAR SOUTH 01 DEaREvS 56 MINUTES w 19ECONDS WEST
262.26 FEET TO THE POINT OF BEGINNING OF THE TRACT OF LAND AND
SUBMERGED LAND HEREINAFTER DESCRIBED; THENCE SOUTH 84 DEGREES 26
MINUTES OS SECONDS EAST, 131.81 FEET TO THE OUTSIDE FACE OF AN waSnNG
CONCRETE SBAWAL4 THENCE BEAR NORTH 88 DEGREES 48 MINUTES 55 SECONDS
EAST 977.77 FEET OUT INTO AN EXISTING SUP; THENCE BEAR SOUTH 05 DEGREES
37 MINUTES 29 SECONDS WEST, 192.30 FEW TO THE CE TTERLIKE OR AN E)agnNG
SPIT OF LAND; THENCE WAR SOUTH 89 DEGREES 27 MINUTES 55 SECONDS WW
ALONG SAID CENTERLINE OF SAID SPIT OF LAND IO96.56 FEET 70 A POINT WHICH
IS BEARINO SOUTH 01 DSORBSS 56 MINUTES 55 SECONDS WEST FROM THE POW
OF BEGINNING; THENCE HEAR NORTH 01 DEOMM 56 MINUTES 55 SECONDS EAST,
194.29 FEET BACK TO POINT OF BEGINNINO.
PARCLf.L. C:
A TRACT OF LAND AND SUBMERGED LAND AT STOCK ISLAND, MONROE COUNTY,
FTARIDA, AND SEIKO MORE PARTICULARLY DESCRIBED BY METES AND HOUNDS AS
FOLLOWS:
COMAMWING AT THE INTERSECTION OF THE LLA8'IERLY LNB OF FIFTH STREET
AND THE SOUTHERLY LINE OF FIFTiL AVENUE OF THE PLAT OF STOCK ISLAND AS
RECORDED 1N PLAT BOOK 1, PAGE S5, OF THE PUBIC RECORDS OF MONROE
COUNTY. FLORIDA, BEAR SOUTH 84' OT OT EAST, 484.79 FEET; THENCE BEAR
SOUTH 05' 39' S5" WEST, 938.76 MET, THENCE BEAR SOUTH 08' (W 03' EAST,
249.71 FEET; THENCE BEAR SOUTH 14' 39 05` LAW. 36.68 FEET TO THE POINT OF
BEGINNING OF nM TRACT OF LAND AND SUBMERGED LANDS HEREINAFTER
DESCRIBED; THENCE CONTINUE BEARING SOUTH 14. 36 05' LEAST, 94.83 FEET;
THENCE HEAR SOUTH 01' SS 3V WLLMT, 82.95 F8E'!; THENCE BEAR NORTH 89.14'
SW BAST, 1120.76 FEET, OUT ONTO A SPIT OF LAND TO THE SHORELINE; THENCE
BEAR NORTH 05437'2g' EAST, 261.06 FEET TO A POINT; THENCE BEAR SOUTH Or
24' SW WEST, 1000.60 FEET TO A POINT ON A CONCRETE SEAWALL, SAID POINT
BEARING SOUTH 65' 13' OS" EAST FROM THE POUT•!` OF BMNNLNO; THENCE BEAR
IIORTH SW 13- OF WEST, 157.63 RLE'T TO THE POINT OF BEGINNING.
PARCEL E:
A PARCEL OF FILLED LAND AND ADJACENT B1AY BC4T014 LYING SOUTHERLY OF
BLOCK 57. MALONEY'S SUBDIVISION OF A PART OF STOCK ISLAND, MONROE
COUNTY, FLORIDA AS RECORDED 1N PLAT BOOK I AT PAGE 55 OF MONROE COUNTY
PUBLIC RECORDS AND IS MORE PARTICULARLY DAD AS FOLLOWS:
FROM THE INTERSECTION OF THE EASTERLY LINE OF STH STREET (AS
CONSTRUCTED) AND THE SOUTHERLY LINE OF SIR AVENUE (AS CONSTRUCTED) 00
EASTERLY ALONG THE SOU HEftLY 13NB OF 5TH AVENUE A DISTANCE OF SW FEET
TO A POINT; THENCE SOUTHERLY AND AT RIGHT ANGLES A DISTANCE* OF 730 FEET
TO A POINT. THENCE EASTERLY AND AT RIGHT ANGLES A DISTANCE OF 191.5 F'E'T
Doca 16un
IM 240 hr no
TO A POINT WHICH IS THE POINT OF BEGINNING; THENCE CONTINUE EASTERLY
ALONG THE PROLONGATION OF THE PREVIOUSLY DESCRIBED COURSE A DISTANCE
OF 393.5 FEET TO A POINT; THENCE SOUTHERLY AND AT RIGHT ANGLES A
DISTANCE OF 226.08 FEET TO A P004 , THENCE EASTERLY AND AT RIGHT ANGLES A
DISTANCE OF 125 Ir TO A POINT. THENCE SOUTHERLY AND AT RIGHT ANGLES A
DISTANCE: OF 20 FEET TO A POINT IN AN EXISTING SEAWALL.; THENCE WESTERLY
AND PARALLEL WITH THE SOUTHERLY FACE OF SAID SEAWALL A DISTANCE OF
460.1 FEETTO A POINT, THENCE NORTHERLY AND AT RIGHT ANGLES TO A
SO[TI IiESRI.Y LINE OF FIFTH AVENUE A DISTANCE OF 30 FEET TO A POINT THENCE
WESTERLY AND AT RIGHT ANGLES A DISTANCE OF 68.5 FEET TO A POINT; THENCE
NORTHERLY AND AT RIGHT ANGLES A DISTANCE OF 227.2 FEET BACK TO THE POINT
OF BEGINNING.
ALSO
A PARCEL. OF DAY BOTTOM SOUTHERLY OF AND ADJACENT TO THE SOUTHERLY
L]NE OF THE ABOVE DESCRIBED PARCEL, SAID BAY BOTTOM BEING 10 FSET WIDE.
ALSO DESCRIBED AND INSURED AS:
A PARCEL. OF FILLED LAND AND ADJACENT HAY BOTTOM LYING SOUTHERLY OF
BLOCK $7, MALONEY'S SUBDIVISION OF A PART OF STOCK ISLAND, MONROE
COUNTY, FLORIDA AS RECORDED IN PLAT BOOK I AT PAGE 55 OF MONROE COUNTY
PUBLIC RECORDS AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING, AT THE INTERSECTION OF THE LABTCRLY RIGHT-OF-WAY LINE OF
FIFTH STREET AND THE SOUTHERLY RLQHT-OF-WAY LINE OF FIFTH AVENUE, OF
THE PLAT OF STOCK ISLAND, AS RECORDED IN PLAT BOOK 1. PAGE 55, OF THE
PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE S W 02' OT E, ALONG
SAID SOUTHERLY RIGHT-OF-WAY, A DISTTANCB 499.98 FEST TO THE EASTERLY LINE
OF AN EASEMENT AOREEbILISTT AS RECORDED IN OFFICIAL RECORDS BOOK 780,
PAGE 1169 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE S 05•
57' 5r W. ALONG SAID EASTERLY LINE, A DISTANCE 729.82 FEET TO THE
SOUTHERLY LINE OF AN INGRBSSIEGRBSS F.ASEMVfT AS RECORDED IN OFFICIAL
RECORDS BOOK 1239, PAGE 464 OF THE PUBLIC RECORDS OF MONROE COUNTY,
FLORIDA; THENCE 8 84. OT 07" E. ALONG SAID SOIIT ERLY LINE, A DISTANCE
191.50 FEET TO THE POINT OF HE4INNIM,, THENCE CONTINUE ALONG SAID
SOUTHERLY LINE 8 840020T E. A DISTANCE OF 393.51; THENCE S 06. 00' 38' W, A
DISTANCE OF 227.17 FEET; THENCE 8 85' 29' 39" E, A DISTANCE OF 125.00 FEET;
THENCE 8 060 01' 16" W, A DISTANCE OF 20.01 FLE'I' TO THE SOUTHERLY FACE OF A
CONCRLrM SEAWALL; THENCE N 85' 29' 39" W. ALONG SAID SOUTHERLY LINE, A
DISTANCE OF 450.10 FEET; THENCE N 06' 23' 310 8, A DISTANCE OF 30.00 FEM.
THENCE N 850 29' 39' W. A DISTANCE 68.50 FF.E'I; THENCE N 05. 56' 58- E. A
DISTANCE OF 227.20 FIE"1' TO THE POINT OF BEGINNING.
TOGETHER VIM:
A PARCEL OF SAY BOTTOM SOUTHERLY OF AND ADJACENT TO THE SOUTHERLY
LINE OF THE ASM DESCRIBED PARCEL, SAID BAY BOTTOM BEING IO FEET WIDE.
TOGETHER WITH AN BASEMENT FOR INGRESS AND MORESS OVER AND UPON THE
FOLLOWING DESCRIBED PROPMM, RECORDED IN OFFICIAL. RECORDS BOOK 1239,
PANE 464, AND ALSO IN OFFICIAL RECORDS BOOK 2287, PAGE 719, PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA, SITUATED, LYING AND BEING IN THE
COUNTY OF MONROE, STATIC OF FLORIDA. TO WIT: A PARCEL OF LAND LYING
SOUTHERLY OP BLOCK 67, MALONEY'S SUBDIVISION OP PART OF STOCK ISLAND,
MONROE COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 1, AT PAGE 55, MONROE
D"m &Blom
use pw3"
COUNTY OFFICIAL RECORDS, AND 1S MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
FROM THE INTERSECTION OF THE EAST LINE OF STH STREET (AS CONSTRUCTED)
AND THE SOUTHERLY LINE OF 5TH AVENUE (AS CONSTRUCTED) GO WESTERLY
ALONG THE SOUTHERLY LINE OF SIN AVENUE A DISTANCE OF 499 FEET TO A
POINT`, WHICH POW 18 THE POINT OF BEGINNING; THENCE SOUTHERLY AND AT
RIGHT ANGLES A DISTANCE OF 701 FEET TO A POINT; THENCE EASTERLY AND AT
RIGHT ANGLES A DISTANCE OF 586 PERT TO A POINT, TTFIENCE SOUTHERLY AND AT
RIGHT ANGLES A DISTANCE OF 29 FELT TO A POINT; 7MME WESTERLY AND AT
RIGHT ANGLES A DISTANCE OF 615 FEET TO A POINT; THENCE NORTHERLY AND AT
RIGHT ANGLES A DISTANCE OF 730 FEET TO A POINT IN THE SOUTHERLY LINE OF
5TH AVENUE; THENCE EASTERLY AND AT RIGHT ANOLES AND ALONG THE
SOUTHERLY LINE OF 5'1'H AVENUE A DISTANCE OF 29 FM BACK TO THE POINT OF
BEGINNING.
SAID EASEMENT ALSO DESCRIBED AND INSURED AS:
A PARCEL OF LAND LYING IN SECTION 35, TOWNSHIP 67 SOUTH, RANGE 25 EAST,
140NRDB COUNTY, FLORIDA, BEING MORE PARTTCUTARI.Y DESCAIIIED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF BLOCK 57 OF MCDONAl"ll PLAT OF A
PART OF STOCK ISLAND AS RECORDED IN PLAT BOOK 1, PACE 55 OF THE PUBLIC
RECORDS OF MONROE COUNTY, FLOMA; THENCE ALONG THE SOUTHERLY BIGHT
OF WAY LINE OF FIFTH AVENUE SOUTH 84*02WO EAST, A DISTANCE OF 499.96
FEET TO THE WEST LINE OF TRUSTEE'S DEED NO.2048.9 AS RECORDED 1N O.R.
BOOK G-65, PAGE 82; THENCE LEAVING SAID LINE SOUTH OV 57' 53' WEST. ALONG
SAID LINE A DISTANCE OF 699.82 FEET' TO THE POINT OF BEGINNING; THgME
SOUTH 840 OZ 0T EAST, PARALLEL, WITH THE SOUTHERLY I.= OF SAID FIFTH
AVENUE A DISTANCE OF 740.00 FEET; THENCE SOUTH 05• ST 53' WEST, A
DISTANCE OF 40.00 FEET; THENCE NORTH 84.0Z' OT WEST, A DISTANCE OF 155.00
FEET; THENCE NORTH 05' bT SW EAST, A DISTANCE OF 10.00 PEST; THENCE
NORT14 SW OS 07" WEST, A DISTANCE OF 565.00 FEET TO THE WEST LINE OF SAID
TRUSTEE'S DEED; THENCE NORTH 05• Sr S3' EAST, ALONG SAID LINE A DISTANCE
OF 30.00 FEET TO THE POINT OF BEGINNING.
PARCEL F-
A TRACT OF LAND AND SUBMERGED LAME,$ AT STOCK ISLAND, MONROE COUNTY,
FLORIDA AND BRING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY I = OF FIRTH STREET
AND THE SOUT IIERLY UWE OF FIFTH AVENUE OF THE PLAT OF STOCK ISLAND, AS
RECORDED IN PLAT BOOK I, PAGE 55 OF THE PUBLIC RECORDS OF MONROE
COUNTY, BEAR SOUTH 63 DEORESS AND 56 11QNLrIF.B EAST, 488.00 PEST, THENCE
BEAR SOUTH 05 DEGREEES AND 47 hUNU = WEST, 938.88 FEET; THENCE BEAR
SOUTH 08 DEORESS AND 03 MINUTES LAW, 249.71 F$,BT; THENCE BEAR SOUTH 14
DEGREES AND 31 MINUTES EAST, 131.51 FEET; THENCE BEAR SOUTH OZ DEGREES
AND 04 MINUTES WEST, 82.95 FEET TO THE POINT OF BEGINNING OF THE TRACT OF
LAND AND SU&NMRGED LANDS HERBffiNAPTER DESCRIBED; 'THENCE CONTINUE
BEARING SOU'ITd 02 DEGREES AND 04 MINUTES WEST. 179.31 Flltr. THENCE BEAR
SOUTH 84 DEGREES AND 19 MINUTES EAST, 140.00 FEET, MORE OR LES8. TO THE
OVMDE FACE OF AN EXLS'1TN0 CONCRETE SEAWALL; THENCE BLEAR NORM 88
DEGREES AND 56 MINUTES EAST OUT INTO A SUP 970 FEET, MORE OR LESS, TO A
POgLT ; THENCE BEAR NORM 05 DEGREES AND 55 MINt"= EAST, 180.00 FEET,
MORE OR LESS. TD A POINT WHICH IS BEARING NORTH 89 DEGREES AND 39
MINUTES EAST FROM THE POINT OF SEGINNINO; THENCE BEAR SOUTHH 89
Deals 181961e
AN 24M F0 301
DEGREES AND 32 MINUTES WEST,.1120.00 FEET, MORE OR LESS, BACK TO THE
POINT OF BROWNING.
ALSO DESCRIBED AND INSURED AS>
A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY,
FLORIDA AND BEING MORE PARTICULARLY DESCRIBED BY MCM AND BOUNDS AS
FOLLOWS:
COMMENCINO AT THE IN+RERSECITON OF THE EASTERLY LINES OF FIFTH STR&W
AND THE 8OLnW4lLY LINTS OF FIFTH AVENUE OF THE PLAT OF STOCK LSLAND, AS
RECORDED IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC RECORDS OF MONROE
COUNTY, BEAR SOUTH 84 DEGREES 02 MINUTES 07 SECONDS EAST, 484.79 FELT,
THENCE BEAR SOUTH 05 DEGREES 39 MINlJTZS 55 SECONDS WEST, 938.76 FEET;
THENCE HEAR SOUTH 08 DEGREES 09 MI1111T1'BS 05 SECONDS EAST, 249.71 FEET;
THENCE SOUTH 14 DEGREES 38 MINUTES 05 SECONDS EAST, 131.51 FEET; THENCE
BEAR SOUTH 01 DEGREES 56 MINInVS 55 SECONDS WEST, 82.95 FEET TO THE
POINT OF BEGINNING OF THE TRACT OF LAND AND SUBMERGED LANDS
HEREINAFTER DESCRIBED; THENCE CONTINUE BEARING SOUTH 01 DEGREES 56
MINUTES 55 SECONDS WEST, 179.31 FEET. THENCE BEAR SOUTH 64 DEGREES 26
MINUTES 05 SECONDS EAST, 131.81 FEET TO THE OUTSIDE FACE OF AN EICISTTNiG
CONCRETE SEAWAL , THENCE BEAR NORTH 88 DEORESS 48 AUNUTES 55 SECONDS
EAST OUT INTO A 81.1P, 977.77 FEET TO A POINT; THENCE BEAR NORTH 05 DEGREES
37 MINUTES 29 SECONDS EAST, 184.10 FEET TO A POINT WHICH IS BEARING NORTH
89 DEGREES 24 MINUTES 55 SECONDS EAST FROM THE POINT OF BEGINNING;
THENCE BEAR SOUTH 89 DEGREES 24 MINUTES 55 SECONDS WEST, 1120.76 FEET
BACK TO THE POINT OF BEGINMNO.
7�10=p E4
A PARCEL OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY,
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE 111TIEItBEC'T10N OF THE EASTERLY RIGHT-OF-WAY LINE OF
FILTH STREET AND THE SOUTHERLY RIGHT-OF-WAY UNE OF FIFTH AVENUE, OF
THE PLAT OF STOCK 1SIANiD, AS RECORDED -IN PLAT BOOK 1, PAGE 55, OF THE
PUBLIC RECORDS OF SIONROE COUNTY, FLORIDA; THEME S 84" 02' 0T B ALONCI'
THE SAID SOUTHERLY LINE OF FIFTH AVENUE FOR 484.98 FEET; THENCE S OS' 57'
53" W FOR A DISTANCE OF 938.76 THENCE S OS' 09' 05' S FOR A DISTANCE OF
109.75 FEET TO THE POLITE' OF B®GINNING; THENCE CONTINUE S 080 09' OW B, A
DISTANCE OF 139.96 FEET, THENCE 8 14. 36' 05" E, A DISTANCE OF 3248 FEET;
THENCE S 85' IS 05' Z. A DISTANCE OF 157.63 FEET, THENCE N 89. 24' 55" E, A
DISTANCE OF 49.99 FEET, THENCE N 05. 12' 110 E, A DISTANCE OR 161.18 FEET,
THENCE N 84. 02' SW W, A DISTANCE OF 252.15 FEET TO THE POINT OF
BEGINNING.
PARCEL H:
A TRACT OF LAND AND SUISUM 3D LANDS AT STOCK ISLAND, MONROE COUNTY,
FLORMA. AND BEM MORE PALMCUI.ARLY DESCRIBED AS FOUAWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF
FIFTH STREET AND THE SOUTHERLY RIGHT-OF-WAY UNE OF FIFTH AVENUE, OF
THE PLAT OF STOCK ISLAND, AS RECORDED IN PLAT BOOK 1, PAGB 55, OF THE
PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE SOtffH 84' OX OT EAST
ALONG THE SAID SOUTHERLY LIE OF F1FT'H AVENUE FOR 464.79 FEET; THENCE
SOUTH 05. 3V 55" WEST FOR A DISTANCE 938.76 FEET, THENCE SOUTH OS' 09' 05'
EAST FOR A DISTANCE OF 42.IS FEET TO THE CASTERLY UNE OF A 30 FOOT
EASEMENT AND THE EASTERLY MOOT -OF WAY LINE OF SHRIMP ROAD AS
omm isle
NO 24W PO 302
RECORDED IN O.R. BOOK 2030, PAGE 949 (PARCEL. A TRACT 1), OF THE PUBLIC
RECORDS OF MONROE COUNTY. FLORIDA AND THE POINT OF BEGINNING; THENCE
LEAVING SAID LINE SOUTH 08.09'OS' BAST, A DISTANCE OF 207.56 FEET, THENCE
SOUTH 1403OW BAST, A DISTANCE OF 131.51 FWM,, THENCE SOUTH Ole W 55-
WEST. A DISTANCE OF 575.72 FEET, THENCE SOUTH 05. 54' 5S' WEST, A DISTANCE
OF 186.69 FELT, THENCE SOUTH 84. OS' 05" BAST, A DISTANCE OF 17&00 FEET;
THENCE NORTH 34. 37 55- BAST, A DISTANCE OF 116.44 FEET; THENCE NORTH JW
27- OW $AST, A DISTANCE OF 915.3E FRET; THENCE SOUTH Ole Or 35' WEST, A
DISTANCE OIL 384.62 FEET; THENCE NORTH 844 OX 07" WlW. A DISTANCE OF 30.84
FEETTO A MEAN HIGH WATER LINE, THENCE AWNO SAID MEAN HIGH WATER LINE
THE FOLLOWING TWENTY SEVEN (27) COURSES: I. NORTH O8. 33' 02' FAST, A
DISTANCE OF 25.26 FEET; 2. NORTH 01003' 10- WEST!, A DISTANCE OF 36.70 PEOP, 3.
NORTH 16-11'45' WEST, A DISTANCE OF 1&64 I►=, 4. NORTH Ol'2O'32" WEST, A
DISTANCE OP 27.71 FEET; 5. NORTH 05%&2, " EAST. A DISTANCE OF 27.11 FE111; 6.
NORTH 07.24'lr WE'8T, A DISTANCE OF 86.I6 FEET; 7. NORTH 1l' 54'19" EASY', A
DISTANCE OF 34.64 FELT; 8. NORTH O9.22'0V WEST, A DISTANCE OR 27.51 FEET; 9.
NORTH Sr 4041" WEST, A DISTANCE OF 4.94 FEET; 10. NORTH 84' S6' OB' WEST, A
DISTANCE OF 14.S0 FEET; 11. NORTH 61003'44- WEST, A DISTANCE OF 14.78 FEET;
12. SOUTH 8564r17' WEST, A DISTANCE OF 117.62 FEET; I& SOUTH &Tlwsr
WEST, A DISTANCE OF 26.59 FRET; 14. NORTH 85. 01' 19" WEST, A DISTANCE OF
21.47 FEET; IS. SOUTH 8O'3r I r WEST, A DISTANCE OF 8.06 FEET; 16. NORTH
75.44*520 WEST, A DISTANCE OF 11.67 FEET; 17. SOUTH 86. OV 28' WEST, A
DISTANCE OF 82.77 FEET; 1S. SOUTH &r 59' 29' WEST, A DISTANCE OF 40.54 FEET,
19. NORTH 64OW30' WEST, A DISTANCE OF 6.15 FEET; 20. SOVTH OW41 W WEST, A
DISTANCE OF 60.16 FELT; 21. SOUTH 79.29'57 WEST, A DISTANCE OF 36.47 FE61;
22. NORTH 88'07'58- WEST, A DISTANCE OF 57.82 FLEET; 23. NORTH 86' 26' 25-
WEST. A DISTANCE OF 91.35 FEET; 24. SOUTH Or 24' OT WEST, A DISTANCE OF
97.85 FEM. 25. SOUTH 81.39'19" WEST, A DISTANCE OF 76.27 FI�EET; 26. SOUTH
86.43'16" WWT, A DISTANCE OF 75.93 FEET; 27. SOUTH 81' 330 16" WEST, A
DISTANCE OF 23.73 FZ9r, THENCE LBAVIMQ SMD USE SOUTH 07.52'64- WEST, A
DISTANCE OF 138.66 FEET TO THE NORTHERLY RIGHT OF -WAY LINE OF SHRIMP
ROAD PINT QUIT CLAIM DEED RECORDED IN O.R. BOOK 2030, PAGE 949, OF THE
PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE ALONG THE NORT'i1ERLY
AND EASTERLY RIGHT -Olt -WAY LINE OF SAID SHFdMP ROAD THE FOLLOWING THREE
(3) COURSES AND DISTANCES; 1. NORTH 84' 02, Or WEST, A DISTANCE OF 288.I1
FEET TO A POINT' OF CURVATURE; 2. NORTHWESTERLY ALONG THE ARC OF A
CURVE TO THE RIGHT, HAVING A RADIUS OF 75.00 FM, AN ARC LENGTH OF 115M
FELT, A CENTRAL ANGL$ OF SW 03' Sr. AND A CHORD BEARING AND DISTANCE OF
NORTH 40900VV WEST, 104.26 FRET, 3. NORTH O4'Ol'S0' LAST, A DISTANCE OF
S55.62 FEET TO THE NORTHERN TERMINUS OF PARCEL A TRACT 2 OF SAND QUIT
CLAIM ON THE WEST LINE OF TRUSTEES DEED NO.20083 O.R.BOOX G-65, PAGE 82;
THENCE NORTH OWVrSr EAST, ALONG SAID I = A DISTANCE OF 606.85 FEET TO
THE POINT OF BEGINNING.
AND ALSO. BAY BOTTOM
A TRACT OF LAND AND SUBIIERGED LANDS AT STOCK ISLAND, MONROE COUNTY,
FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMIMNCIMG AT THE 1NTERSB['TTON OF THE EASTERLY RIGHT-0E-WAY Lin OF
I" STREET AND THE SOUTHERLY RIGHTOF-WAY LWE OF FIFTH AVENUE, OF
THE PLAT OF STOCK ISLAND, AS RECORDED IN PLAT BOOK 1. PAGE $5. OF THE
PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE S. 84002'Or S. ALONG
THE SAID SOUTi;ERI.Y LINE OF FIFTH AVENUE FOR 499.98 FEET, THENCE S.
050STST W. FOR A DISTANCE OF 2242.9S FEET; THENCE 8.84'0207"B., A DISTANCE
OF 1310.00 PELT, TO THE POINT OF BEGINNING; THENCE CONTINUE 8.84'02'O7'9.. A
DISTANCE OF 363.01 FELT TO THE CBNTERI.LNE OF THE ENTRANCE OF THE
8
DO" i6mld
HARBOR; THENCE N.08.15'27W., A DISTANCE OF 959.38 FEET, THENCE S. 81.4413W
W.. A DISTANCE OF 132.23 F>}`ET; THENCE N. 05'4T25" W.. A DISTANCE OF 658.21
FEET; THENCE N. 83'SW54" W.. A DISTANCE OF 255.03 FEET TO THE WESTERLY
PART OF THE BAY BOTTOM LINE; THENCE MEANDER THE SAID BAY BOTTOM LINE
SOUTHERLY FOR A CHORD OF S.I4.34'.07" L. A DISTANCE OF 284.16 FEET. THENCE
N. 85.29'39' W., A DISTANCE OF 310.00 FEET; THENCE S. 06'01'16" W., A DISTANCE
OF 10.00 FEET; THIS N. 85.29'39" W., A DISTTANCH OF 450.16 FB1i1; THENCE S.
06'23'31" W., A DISTANCE OF 49.85 FEET; THENCE S. 84.0,T6W E.. A DISTANCE OF
9.27 FEET, THENCE 8. 050I2110 W.. A DISTANCE OF 161.18 FEET; THENCE N.
88024'SS' 6.. A DISTANCE OF 950.6I FBBT; THENCE S. 06'37'29" W., A DISTANCE OF
537.46 FEET. THENCE N. S9'2TS6" E., A DISTANCE OF 11.44 FEET; THENCE S.
06'OZ'03' E., A DISTANCE OF 230.00 FElrl; THENCE 8.01'07'35' W., A DISTANCE OF
3S4.62 FEB7' TO THIS POINT OF BEGINMNG.
PARCEL 1: hibmtknuffly Omifted gAmmwhold/Optfm meted ef'ecve 713ZI20101
PARCEL, s:
A PARCEL OF LAND AND SUBIIIERGED LANDS AT STOCK ISLAND, MONROE COUNTY
nORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY OF FIFTH
STREET AND THE SOUTHERLY RIGHT -OF WAY UNE OF FWTH AVENUE, OF THE PLAT
OF STOCK ISLAND, AS RECORDED IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC
RECORDS OF MONROE COUNTY. FLORIDA. THENCE 8 84" 02' OT a ALONG TH8 SAID
SOUTHERLY LINE OF FIFTH AVENUE FOR 499.98 FEET; THENCE S 050 37' 5W W FOR
A DISTANCE OF 913.46 FEET TO TIT$ POINT OF HEGINNINO; THENCE S 840 02' 07' 9,
FOR A DISTANCE OF 191.55 FEET, THENCE B OS' 56' 58' W, A DISTANCE OF 43.56
F1iEi'; THENCE B 85' 29' 4W L, A DISTANCE OF 68.50 FEET; THENCE S 060 23' 31' W.
A DISTANCE OF 89.85 FEET; THENCE N 84.02' 55' W, A DISTANCE OF 242.88 FEET;
THENCE N OW 09' 05' W. A IBSTENCE OF 67.60 FELT, THENCE N 05' 57' 53' 8. A
DISTANCE OF 66.17 FEET TO THE POINT OF BEGINNMNO.
TOGL"THER WITH THOSE BENSFICTAL EASEMENTS RECORDED IN OFFICIAL
RECORDS BOOK 780. PACE 1169. PUSUC RECORDS OF MONROE COUM, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A PARCEL OF LAID ON STOCK ISLAND, MONROE COUNTY, FLORIDA, AND BEING
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST COMM OF BLOCK 57 OF MCDONALD'S PLAT OF A
PART OF STOCK ISLAND AS RECORDED IN PLAT BOOK 1 AT PAGE 55 OF PUBLIC
RECORDS, OF MONROE COUNTY. FLORIDA AND RUN THENCE SOUTH 83 DEGREES,
56 MLNUT'ES EAST ALONG THE NORTH BOUNDARY LINE OF SAID BLOCK 57 FOR A
DISTANCE OF 470 FTT,BT TO THE POINT OF BEGINNING OF THE PARCEL OF LAND
BEING DESCRIBED HEREIN; THENCE RUN SOUTH 6 DEGREES 04 MINUTES WEST
FOR A DISTANCE OF 1283.02 FEET; THENCE RUN SOUTH 41 DEGREES 58 MINt1=
EAST FOR A DISTANCE OF 40.33 FEET TO THE SOUTHEAST CORNER OF TRUSTEES
OF THE INTERNAL. IMPROVEMENT FUND OF THE STATE OF FLORIDA DEED NO.
24078 AND THE WEST BOUNDARY LINE OF TRUSTEES OF THE INTERNAL
IMPROVEMENT FUND OF THE STATE OF FLORIDA DEED NO. 20093; THENCE RUN
SOUTH 6 DEORESS 04 MINUTES WEST ALONG THE WEST BOUNDARY LINE OF SAID
TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA
DEED NO.20093 FOR A D1 7ANCE OF 932.25 P=T TO THE SOUTMEST CORNER OF
Dow Isim"
SO24M PW>84
SAID TRUSTIC39 OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF PLORIDA
DEED NO. 20083; THENCE RUN SODU79I 83 DEORREA 56 MINUTES EAST ALONG THE
SOUTH BOUNDARY LINE OF SAID TRUSTEES OF THE INTERNAL IMPROVEMENT FUND
OF THE STATE OF P14MM DEED NO. 20053, THB SOUTH BOUNDARY UmE OF
TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF TkM STATE OF FLORIDA
DEED NO. 19837-A AND THE NORTH BOUNDARY LINE OF TRUSTEES OF THE
INTERNAL NPROVEMENT FUND OF THE STATIC OF FLORIDA DEED NO.20793 FOR A
DISTANCE OF 1116.72 FEET, THENCE RUN NORTH 6 DBOREE$ 04 MINUTBB BAST
FOR A DISTANCE: OF 30 FEEP. THENCE RUN NORTH 83 DES 56 MINUTES WEST
FOR A DISTANCE OF 10ML72 FEET, THENCE RUN NORM 6 MORS= 04 MINUTES
EAST FOR A DISTANCE OF 915.62 FEET. THENCE RUN NORTH 41 DEGREES 68
14INUTBO WEST FOR A DISTANCE OF 40.35 FEET TO 7= WICST BOUNDARY LWg OF
SAID 7'RU97=8 OF THE IN7'1TRIIAL IMPMXMN SNT FUND OF THE STAVE OF FLORID&
DEED NO. 20083 AND THE EAST BOUNDARY LINE OF SAID TRUBTE S OF THE
M79MAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DEED NO. 24078;
THENCE RU>P NORTH 6 DBGFJ S 04 MINU'1'6S EAST ALONO THE WEST BOUNDARY
LINE OF BALD TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF
FLORIDA DU3D NO. 20003 AND THE EAST BOUNDARY LUNE OF SAID TRUSTEES OF
THE INTERNAL IiAMVICWN'T FUND OF THE; STATE OF FLORLDA DEED NO. 24078.
EXMNDED NORTHERLY. FOR A DISTANCE OF 1269.65 FEET TO THE NORTH
BOUNDARY LINE OF SAID BLOCK 57, THENCE RUN NORTH 83 DEGREES 56 MMUTEB
WEST ALONG THE NORTH BOUNDARY LINE OF THE SAID BLOCK 57 FOR A DISTANCE
OF 30 FE2Z't` BACK TO THE POINT OF B"NNING.
SAID L49MMZNF ALSO DESCRIBED AND INSURED AS:
A PARCEL OF LAIiD LYIMG IN 86C7101f 35, TOWNSHIP 67 SOUTH, RANGE 28 BAST,
MONROE COUM T, PLOR06% BEWO MORE PARTICULARLY D1ISCRIBBD AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNOt OF BLOCK 57 OF MCDONALDS PLAT OP A
PART OF STOCK ISLAND AS RECORDED IN PLAT BOOK I, PAGE 56 OF TK9 PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA; THENCE ALONG THE SOUTHERLY RIOHT-
OR WAY LINE OF FWTH AVENUE SOUTH 84'0207" EAST, A DISTANCE OF 469.98
FEET TO THE POIN' OF B64INMR(X- THENCE CONTINUE SOUTH 84.0 Vr EAST. A
DISTANCE: OF 30.00 P1SB7TO 711E WEST LINE OF TR>JSTEE'8 DEED NO. 20088 AS
RECORDED M O.R. BOOK G43, PAGE 82. THENCS ALONG SAID LINE SOUTH
05.57'53" WEST, A DMTANCR OF 1,268.45 F997', THENCE LEAVING SAID LINE SOUTH
QW07" FAST, A DISTANCE OFF 40.35 FEET, THENCE SOUTH 056W'SW WBBT, A
DISTANCE OF 916.82 FEET; THRMCIC BMW 64=Vrl" EAST, A DISTANCE OF
2.086.72 FE81, THE= SOUTH 06-STS3' WEST. A DISTANCE OF 30.00 FB$T TO THE
SOUTH LINE OF TRUSTEE W DSBD 90. 20083 A8 RECORDED IN OR BOOK 0-6S, P1AOE
Ali THENCE ALONG BAIL LINE NORTH 84V2Vr WEST, A DWANCB OF 1,116.72
REEF TO THE WEST LINE OF TRUSTEE'S DEED NO. 20M AS RECORDED IN O.R.
BOOK G-65, PAOS 82; "HENCE ALONG $Old LINE NORTH *V5r 3' EAST. A DISTANCE
OF 933.45 FEET; THENCE LEAVING Sold UNE NORTH 42.04Vr WEST. A DISTANCE
OF 40.35 FEET; THENCE NORTH 0V5T83' EAST, A DISTANCE OF 1,281.S2 FE3r!' TO
THE POINT OF BROINNMO.
Ron man
amicift MmiC mmm
10
KEY WEST TRANSFER STATION & HAULING SERVICE, INC.
LEGAL DESCRIPTION
000 15=14
AN 2171 PoN 418
ZXHXR1T FAA
A parcel of filled ■ubm arged land on Stoak Island, Noxucoe County,
Florida, being a portion of that certain submrged land descrrCO in
T.I.I.F- Deed Wo., '19837-A; said parcel being more particularly
described by •metes and bounds as follows, C =meaae at the
intersection of the Southeuterly right-ol-way line of Fourth Avenue
and 'the Southwesterly right-of-way line of Front Street; then S 47
6231300 R along said Southwesterly right-of-way line for 681.75
feet to the Point of Beginaingl thaocs Continue 8 470 131300 a and
continue along the said eouthwesturly Right-of-way Line of Front
Street for 323.00 feet to the Westerly aright -of -gray line of
foot wide aooess easement; thence S 6' 019500 W along said Westa n
erly
right-of-way line for 313.79 feet, thence N 470 13130■ W for a
distance bf 510.80 fret, thence W 20 "39127" s for a distance of
97.53 feet; thence W 55038/410 8 for a distance of 165.33 feet to
the Point of Beginning.
ooanry
OFFICIAL Norml o
K W RESORT UTILITIES CORP.
LEGAL DESCRIPTION
a 89k%2486
palnei of tilled ffdWWWvA &m a an Stoc& @
3�
ematy, norldn' ts• Portion of that oestotai
6,iiag ooacdr ortioanirly doea�eri" b *sidbs7aed MU
at the latermee ;
M of VOW" "GRUe
melt Stroh _"
s 61, So" N sum
_ �78 fret to tho flto
t- - - 1010pamo70 lsof �a03;
foc 304.20 feet t*
' opeFfwee►tisly of an
+ l3� 1o•13,o�rlgqre►aid
CS
do Itwist of se4saei>so.
am* at lrse.
of as eo�athsae-0-
4N 13+ a wmo*
Ime for 1dO3.76 sleet to tbm.
f a 50 fooa ri,i a =*= t 1
e� « �►+a►
,Mors + 27 50v 0 00C 34043o�
far 234.33 semen a1i,re rii�0o
..��im with a
awed at r MERU= am .98s 1101
mi Use.
to" to
apparml aaom►tta�i.00 &cm
tbgs�hser with a Won-MMIG"Ve Dralt* w I&aeME■to the loyal
desaei�tim of wMah in atteahed hereto ar MEW it
ens rre/,&a&
WNW
iOEM
" son-maolwitrs �!'4��
,. bosaripti� of �rspot 71eea
om bob* is fast in wiat .
Am �ooraIV
iE
l =-a
ong
IP31s0of
g�psswea
of
Maid paean# . to s�tbw wit'b an swop
mat plant sits dtsm in tlap�elr
pp��etiaulariy �to
A —A iod de da4 hps+sto �u�A s art bammilA a•
by post, Maw. Saiw� i glral ,�
" ftgloss", e*tewt •LrL A i
ip eu&" in blm*.
SAFE HARBOUR PROPERTIES
LEGAL DESCRIPTION
D"M
EMBIT "A" UN 2M PO 2M
LULL 0[4CRIIPTION
A tract of land on Stock Island, Nonroe County, Florida, and being
more Particularly described by notes and bounds as follows:
COMMENCING at the Intersection of the southerly right -of -ray line
of Fifth Avenue and the easterly right-of-wel line of Fifth street
of the Plat of Stock Island, recorded in Plat took 1, Page 55 of
the Public Records of Monroe County, Florida, bear South 83 degrees
and 56 minutes East $00.00 feet; thence bear South 08 degrees and
04 minutes hest, 2242.25 feet; thence bear South 03 degrees and
56 minutes East, 2132.53 feet; thence bear North 06 degrees and 04
minutes East 1528,91 feet to the Point of Beginning of the tract
of land hereinafter described thence bear north 72 eJegraes 14
minutes and 41 seconds Most; 99.13 feet to a point; thence bear
South 74 degrees 24 minutes and 10 seconds ;lest along a line paral-
lel with and 25 feet northwesterly of the outside face of an
existing concrete seawall, 506.66 feet to a joint- thence beer
North 65 degrees and 4$ minutes Neste $1.23 met io a point on the
outside face of an existing concrete seawall; thence beer South 74
degrees 24 minutes and 10 seconds Wait along the outside face of.
an existing concrete seawall, 68.35 f0t to a point; thence bear
South 16 degrees 36 minutes and S0 seconds East parallel to the
outside face of an existing concrete seawall, 11 .42 feet to a
point& thence bear South 70 degrees and 30 minutes Most, 260.13
feet more or less to a point on the centerline of the entrance
channel; thence bear North 05 degrees and 45 minutes West, along
the said centerline of the entrance channel, 400 feat more or less
to a point 390.58 feet distant from and measured at right angles
to the preceding course& thence bear North 70 degrees and 30
minutes East for a distance of 1060 feet; more or less, to a
point which is bearing North 06 degrees and 04 minutes East and
distant 452.41 feet from the Polo t of Beginning; thence bear South
06 degrees and 04 minutes Most for a distance of 452.14 feet back
to the Point of Beginning.
RONROR COUNTY
OFPICIi1L RSCOBDB
HDINIOE COIAITV
OFFICIAL RECORDS
CONSTELLATION YACHTS, INC.
LEGAL DESCRIPTION
A PARCEL OF L&M LYING IN AWTION 35, 20MM MIP r7 SOtIlM, RAMGK 23 EAST,
aa
FOLI.ONS t Y�
FLORIDA, AND WINO A P11RCR1. OS LAB ON BTOL7C ISLA1�, W= PARTICULARLY ORSCRISS70 AS
10
COMMENCING AT SHE NORT301EST COMIR OF BLOCK 57 OP
ISLAND AS RECDROZD IN PLAT 6001C 1 GE AT PA55 OF "Al FMIC RECON)a OF jdamym COVM
FLORIOA AM M M TIRNCE SOM 84'02107" MAST ALMM1 ra NORTN ROMCMY LINK OF BLOCK 57
i� 0ii A bISTANC; OY 199MR57' FRBT TO '2W EAST ROIORZ'-DT Mr LIN; OF SHRMP ROW (A 30-
M f ""ME SOWN 06'S3^ T ST AL�ONr. SAID ZASTRRLY RMT-Op-my LIM A DISToY
734.52 KT 7'O Tl�i POI11T OF BiCI1MMINQ; ANCE TIRE COWTD= �)TM 05'57'53m NZST FOR A
DISTANCE OF 173.64 MT; TAKNCM LEAVINB SAID LINE SOM 04.02.07" EAST FOR A DISTANCE
or 191- 95 FEKT; TMENCK NORTM 05'56'50" RUT FOR A DUMAN= OF 173.64 MMT; IM MM
NOPXU 85'02.07" WEST FCR A DISTAMICX OF I91.50 FORT TO THE POINT OF BC=MWXM.
Subject to ReatrlOtiona, Reier*Uona, Eaaeaenta, and Co+/enantM of Record, and Taws +
Aseeaaaenta for the year 2007 and thereafter.
3D OF KEY WEST, INC.
LEGAL DESCRIPTION
ZXHIBIT "A"
A parcel of
land lying Southerly of Part of Stock Island, monroo County.
Florida, as recorded particularly Book
2,describat age $5, Monroo County official
Records, and is &ore Pa Y
rcom the intersection of the east line of Sth street (as conatructsd) and
he southerly line of Sth Avenue (as constructed) go sssterly along the
tout}+er1y line of Sth Avenue s distanoo of 300 teat to a point: ehenoE
southerly and at tight anglas a distance of 1010 last, 0*" or 1Eo0, to i
point of intersection with the southerly taaa of the northerly seawall Of
the northerly slip of gala harbor (extended ftsterly) : thenew�tsralp
saonq the maid southerly face of the northerly seawaaa (extended y)
and the said southerly leas of the northerly seawall a distance of 710 feet
to a point, which Point is the Point of ssglsu►ing, thsnas continue easterly
along the said southerly lace of the northerly *"wall and the northerly
bank of the said northerly slip a distance of 310 lest, more or less, to a
point in the westerly bank of the eaien channel of safe Hasbor: thence
northerly along the meanders of said westerly bank a distance of loath
Boxy or less, to a point o! intersection with a line drawn Paralllele l ..nth
and 700 feet southerly of the southerly line of Sth Avenues thence westerly
•long the said parallel line a distance o! lA0 tut, ncsMoror Seas. to the
northeasterly corner of a certain roa 1iu►e lathe asidsroad Eayiesentand aa
right angles and along the lea and
distance of 40 fast to a Point: thence westerly and at sight 0
along the southerly line of the said road easecOnt a distance of 155 teat
to a point: thence at right angles and southerly for a distances of 2SO
feet, score or less, to a points thence at Tight AnglesIdes aetriplalfor a
diatanee of 123 lest back to the point of Beginning;
spproxisately 125 feet by 20 feet along the above described southerly face
of the northerly standard Oil
strip dated the 1f land was 6thvday of J%mo, 6conveyed 4,
warranty Dead to standard Oii Casgwany,
and recorded in the Offi*isl Records of ""coo County, piorida, at ofliaia}.
Rm corde Book 313, pages
53-50.
7=THW WITR the sight to use the waterways and channels in Shn KRRW t,
Stook Island, Monroe County. raosida.
Epps Rom WITH an saes t for ingress srud egress over and span the
following described property, situate. lying and being in the County of
Monroe, state of rlou:ida, to wit:
A parcel of land lying southerly of Bloch S7, Maloney's Subdivision of Past
as nWoIn Plat book 1, at
of Stock Island, MonroeeOfficial Count.' rds and,
move re particularly described
page gx, "nroe CountyMonroe
as follows: _
prom the intersection o! the East liana of Sth Streego t (aeastssly�aong) and
the southerly lira* of 5th Avenue (as oonstructEd)
ch point
soetherly, ling of 5th Aventue a dince: a e Ofly and at right aegleofast to a point, waidistance
is the point of Beginning; the
of 100 loot. noose or less, to a point. thence asstesly and at right angles
a t angles
distance of 140 lost to •paint: theme westerly and at rigght angle a
distance of 40 fret to • point: and At right angles 10
distance of 155 loot to E Point: thane northerly 613 fast to a point on
feet to a point: thence westerly and at right angles
the westerly line of a certain road sasssent. thence northerly and at right
0 foot
angles along the easterly fins of said road WWWOnt a distances e! �4and at
to a point in the southerly line of Sth AvWwo; thence easterly
right angles and along the southerly line Of 6th Avenue a distance of 30
foot back to the Point of Beginning. 0Ms &=us
BW 2M *p 11 m
"mot MUM rAM coulffy
it
4 a.
SAFE HARBOUR ENTERPRISES, INC.
LEGAL DESCRIPTION
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ROBBIE'S SAFE HARBOR MARINE ENTERPRISES, INC.
LEGAL DESCRIPTION
OFFICIAL RECORD BOOK 1161, PAGE 0628, MONROE COUNTY, FLORIDA
PUBLIC RECORDS (PROVIDED)
A parcel of filled and submerged land consisting of part of the area described in I.I. Deed
20793 and located southerly of Block 57 according to the plat of McDonald's Plat of Part
of Stock Island dated 1910, recorded in Plat Book 1 at Page 55 of Monroe County
Official Records and is more particularly described as follows:
From the northwest corner of Block 57, according to said plat go easterly along the
southerly line of Fifth Avenue a distance of 500 feet to a point; thence at right angles and
southerly a distance of 2242.52 feet to a point; thence at right angles and easterly a
distance of 1066.72 feet to a point which point is the point of beginning; thence continue
easterly along the prolongation of the previously described course a distance of 515.53
feet to a point; thence southeasterly making a deflection angle of 77 degrees 25 minutes
with the prolongation of the previously described course a distance of 1536.92 feet to a
point; thence westerly making a deflection angle of 102 degrees 35 minutes with the
prolongation of the previously described course a distance of 948.36 feet to a point;
thence northerly and at right angles a distance of 1500 feet back to the point of beginning.
Containing 23.48 acres, more or less.
Exhibit 2
Irjj f E ll
REQUEST FOR FUTURE LAND USE MAi4FiLUM) LIE
APPLICATIO
i.► b9 M AY 21 2012
MONROE COUNTY
PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
An application most be deemed complete and in compliance with the Monroe County Code by the Stan
prior to the item being scheduled for review
Amendment to Future Land Use Map Application Fee: $5,531.00
In addition to the above application fees, thefollowingfees also apply to each application:
Advertising Costs: $245.00
Surrounding Property Owner Notification: $3.00 for each property owner required to be noticed
Technology Fee: $20.00
Date 05 / 21 2012
Month Day Ycar
Property Owner:
Nape
Mading Address
Daytime Phone
Agent ('ref applicable):
BARTON SMITH, P.L./BARTON SMITH, ESQ.
Name
624 WHITEHEAD„ST_ KEY WEST FL. 33040
Mailing Address
305-296-7227
Daytime Phone
BART@BARTONSMITHPL.COM
Email Address Email Address
Legal Description of Property:
(If in metes and bounds, attach legal description on separate sheet)
SEE ATTACHED ADDITIONAL PAGES.
Block Lot Subdivision Key
Real Estate (RE) Number Alternate Key Number
Street Address Approximate Mile Marker
Page i of 4
Last Revised: April2009
REQUEST FOR FUTURE LAND USE MAP (FLUM)
AMENDMENT APPLICATION
Current Future Land Use Map Designation(s):
SEE ATTArJjED-
Proposed Future Land Use Map Designation(s): SEE ATTACHED._
Current Land Use District Designation(s):
Tier Designation(s):
Total Ladd Area Af tided in acres:
SEE ATTACHED.
SEE ATTACHED.
SEE ATTACHED.
Existing Use of the Property (If the property is developed, please describe the existing use of the property,
including the number and type of any residential units and the amount and type of any commercial development):
PLEASE SEE ATTACHED ADDITIONAL PAGES.
In accordance with Sec. 102-158, the BOCC may consider the adoption of an ordinance enacting the
proposed change based on one or more of six factors. Please describe how one or more of the following
factors shall be met (attach additional sheets if necessary):
1) Changed projections (e.g., regarding public service needs) from those on which the text or boundary
was based:
2) Changed assumptions (e.g., regarding demographic trends):
PLEASE SEE ATTACHED ADDITIONAL PAGES.
3) Data errors, including errors in mapping, vegetative types and natural features described in volume
1 of the plan:
PLEASE SEE ATTACHED ADDITIONAL PAGES.
Page 2 of 4
Last Revised: April 2009
REQUEST FOR FUTURE LAND USE MAP (FLUM)
AMENDMENT APPLICATION
4) New issues:
PLEASE SEE ATTACHED ADDITIONAL PAGES.
5) Recognition of a need for additional detail or comprehensiveness:
6) Data updates:
PLEASE SEE ATTACHED ADDITIONAL PAGES.
In no event shall an amendment be approved which will result in an adverse community change of the
planning area in which the proposed development is located. Please describe how the FLUM an dttoeut
would not result in an adverse community change (attach additional sheets if necessary):
PLEASE SEE ATTACHED ADDITIONAL PAGES.
Has a previous FLUM application been submitted for this site within the past two years?
Yes Date:
Now_
AD of the following must be submitted in order to have a complete application submittal:
(Please check as you attach each required item to the application)
❑ Complete Future Laud Use Map (FLUM) amendment application (unaltered and unbound); and
❑ Correct fee (check or mouey order to Monroe County Planting & Environmental Resources); and
❑ Proof of ownership (i.e. Warranty Deed); and
❑ Current Property Record Card(s) from the Monroe County Property Appraiser; and
❑ Locadon map from Monroe County Property Appraiser; and
❑ Copy of Future Land Use Map (please request from the Planning & Environmental Resources
Department prior to application submittal); and
❑ Copy of Current Land Use DIRYW Map (please request from the Planning & Environmental Resources
Department prior to application submittal);
❑ Photograph(s) of site from adjacent roadway(s);
Page 3 of 4
Last Revised: April 2009
REQUEST FOR FUTURE LAND USE MAP (FLUM
AMENDMENT APPLICATION
❑ 300 foot radius map from Monroe County Property Appraiser Office
❑ List of surrounding property owners from 300 foot radius map
❑ Typed name and address mailing labels of all property owners within a 300 foot radius of the
property (two (2) sets). This list should be compiled from the current tax rolls of the Monroe County
Property Appraiser. In the evew that a condominium development is within the 300 foot radius, each unit
owner must be included, and
❑ Signed and Sealed Boundary Survey, prepared by a Florida registered surveyor — sixteen (16) sets (at
a minimum survey should include elevations; location and dimensions of all existing structures, paved
areas and utility structures; all bodies of water on the site and adjacent to the site; total acreage marked with
land use district; and total acreage shown with vegetative habitat).
If applicable, the following (must be submitted In order to have a complete application submittal:
❑ Notarized Agent Authorization Letter (note: authorization is needed from all owner(s) of the subject
property)
❑ Any other Monroe County documents including Letters of Understanding pertaining to the proposed
Future Land Use Map amendment
If deemed necessary to complete a hill review of the application, the Planning & Environmental Resources
Departmeffi reserves the right to request additional information.
I certify that I am familiar with the information contained in this application, and that to the best of my knowledge
such information is true, complete and accurate.
Signature of Applicsnt: Date: — 1
Sworn before me this Al VA day of IMF- 4 21012
GRHiO OMPM
x My COMMI EE W5'M
EXPIRES July 1, 201x
BMW T1ruW yrPdbkWdwamb
MMU
No Public
My Commission Expires
Please send or deliver the complete application package to:
Monroe County Planning & Environmental Resoumes Department
Marathon Government Center
2798 Overseas Highway, Suite 400
Marathon, FL 33050.
1Page 4 of 4
Last Revised: April 2009
In accordance with Sec. 102.158 of the Monroe County Code of Ordinances, the BOCC may
consider the adoption of an ordinance enacting the proposed change based on one or more of six
factors. Please describe how one or more of the following facts shall be met:
1. Changed projections from those on which the text or boundary was based:
The property subject to this application (hereinafter referred to as "Safe Harbor") is currently
zoned Industrial, but the property owners of Safe Harbor desire to be zoned Mixed
Use/Commercial. Safe Harbor has experienced strong shifts away from the heavy industrial uses
originally intended to occupy the Safe Harbor area since the properties were first zoned
Industrial. These shifts have occurred since the 1993 adoption of the 2010 Comprehensive Plan
("2010 Comp Plan") which provides for implementation of the Industrial land use designation
with respect to Safe Harbor. These shifts are away from an industrial ideology and towards a
mixed use classification consisting of a cohesive blend of various industries, the majority of
which are not industrial in nature. While industrial use was probably the early intent of the
previous developers and owners of Safe Harbor, Safe Harbor has become something markedly
different as the property owners engage in an array of uses including, but not limited to,
residential, transient, artistry, dining, wastewater treatment, solid waste removal, commercial
waterfront, commercial fishing, boating/diving, office space, retail space, affordable housing,
marine repair dependent applications, storage and dining.
Pursuant to Policy 101.4.7 of the 2010 Comp Plan, the "principal purpose of the Industrial land
use category is to provide for the development of industrial, manufacturing and warehouse and
distribution uses." These uses are not the type of uses which Safe Harbor supports, nor is there
demand for such uses. In contrast to the purpose of Industrial uses, the Mixed Use/Commercial
land designation, pursuant to Policy 101.5.4 of the current proposed Comprehensive Plan, "is to
provide for the establishment of commercial zoning districts where various types of commercial
retail and offices may be permitted at intensities which are consistent with the community
character and natural environment." Beginning at Robbie's Marina and working along the
water's edge of Safe Harbor to Fishbusterz Fisheries, the totality of the properties within Safe
Harbor exhibit intensities which are consistent with the community character and natural
environment, not Industrial uses or needs.
As a water -dependent community, the existence of heavy industrial uses on Stock Island is not
consistent with the surrounding community character. Heavy industrial uses create pollution and
environmental concerns. The community character surrounding Safe Harbor exhibits
commercial working waterfront neighboring vital needs such as affordable housing, cultural
resources, utilities, dining and tourism. The proposed change of Safe Harbor to a Mixed-
Use/Commercial Future Land Use Map ("FLUM") designation is consistent with Policy 101.7.2
of the 2010 Comp Plan, which requires Stock Island to address redevelopment needs identified
by the needs assessment of potential redevelopment areas. The current needs of Safe Harbor are
not industrial. The current needs of Safe Harbor are to support, foster and enhance the current
land uses, which are diverse and varied. In conformance with Policy 105.1.2 of the 2010 Comp
Plan, the proposed change in FLUM designation will prepare design guidelines to ensure that
future uses and development at Safe Harbor are compatible with the scenic preservation and
maintenance of the character of the casual island village atmosphere of the Florida Keys.
The projections of the original Industrial land use category as contemplated in the 2010 Comp
Plan, first adopted in 1993, are no longer valid. Safe Harbor has shifted away from heavy
industrial needs and uses towards uses which span a broader spectrum, all of which are less
intense than heavy industrial. Based on 2004 property records incorporated into the
CommuniKeys Master Plan, only four percent (4.0%) of the acreage of Stock Island ports were
being utilized for industrial uses such as warehousing and manufacturing. In the late 1980s and
early 1990s, Safe Harbour was exclusively a working waterfront with boat manufacturing,
commercial fishing and light industry devoted to commercial fisheries, but over time the
composition of Safe Harbor changed. On Stock Island, there are three hundred eighty five (385)
parcels in non-residential zoning districts. Of the three hundred eighty five non-residential
parcels, no parcel's current land use is zoned industrial, further evidencing the non -industrial
nature of Stock Island.
With the advent of live -aboard vessels, Safe Harbor has been and continues to address the
affordable housing needs of Monroe County. Over time, more residents utilized marine vessels
as a mode of residency, and continue to do so. This shift in use is a notable distinction between
the Industrial land use category, which only provides for one (1) dwelling unit per acre and zero
(0) rooms/spaces per acre. Mixed Use/Commercial provides for a range of one (1) to six (6)
dwelling units per acre and five (5) to fifteen (15) rooms/spaces per acre. The demand for
affordable housing accounts for a shift towards a more mixed -use culture, which will continue
into the future and thereby creates changed projections of Safe Harbor, necessitating the need for
the proposed amendment. As the CommuniKeys Master Plan indicates, "Stock Island is in dire
need of improved visual and functional access to the water's edge to accommodate both the
operations of marine industrial uses and the recreational needs of residents and visitors." See
CommuniKeys Master Plan.
2. Changed Assumptions:
Much like the changed projections which are anticipated to continue in the future, the
assumptions of the uses, demands and composition of Safe Harbor have changed over the last
several decades. Once a predominantly commercial fishing dependent use, the uses which make
up Safe Harbor have shifted to a more diversified compilation of uses. In large part, this shift is
due to the continued decline of the commercial fishing fleet over the last several decades.
Pursuant to Table 4 of the CommuniKeys Master Plan, the average landings in millions of
pounds for commercial fisheries was 20.3 in 1993, but was down to 15.8 in 2003. The drafters
of the CommuniKeys Master Plan point "to the need to diversify the local economy." Lobster,
finfish and shrimp fleets have declined substantially over the course of the last few decades, as
evidenced by the decrease in the number of registered commercial fishing vessels. Additionally,
the decrease in active fish houses and boat building vendors in and around Safe Harbor over the
last few decades has accelerated.
Paragraph 3.8 of Appendix 4 of the 2010 Evaluation and Assessment Report ("2010 EAR")
details the history of decline in the commercial fishery industry. "Through a century of change,
the marine industry has declined while other areas of employment have grown in dramatic
fashion." See 2010 EAR. Contrary to the uses associated with an industrial land use
classification "there is very little fishing, food processing or water transportation related
employment today, compared with employment in retail, finance and the broader service
sector." See 2010 EAR. In contrast to the decline in commercial fishing and commercial
fisheries, the recreational boating industry has experienced substantial growth. As recreational
boating has experienced vast growth, "opportunities for pleasure boat repair, boat maintenance
and storage" have developed.
The vacation home and second home industry is an important segment of the Monroe County
economy. "Recreational waterfront activity supports redevelopment of waterfront areas such that
the historic character and some historic uses and building are preserved while the economic
drivers supporting waterfront properties is tourist and vacation home based"See 2010 EAR. As
the 2010 EAR recognizes, the economic drivers have led to a transition from commercial fishing
related activities to service, residential and tourism related activities in waterfront properties,
while incorporating the community culture into those transitions. This diversified shift was best
stated by the 2010 EAR which opined "the result is a vibrant waterfront which can accommodate
some historic fishing and boating related commercial activity." See 2010 EAR. This is consistent
with the trends exhibited in the commercial fishing industry. Over the last thirty (30) years, the
number of commercial fishing licenses has declined twenty -rive percent (25%) together
with a decline of seventy percent (70%) in the volume of fish caught. See 2010 EAR. As the
2010 EAR states, "trends in commercial registrations, fish and shellfish catch volumes, and
covered employment, the marine industry is not a growth industry in Monroe County." See
2010 EAR.
In addition to the local evaluations and assessments demonstrating the changing assumptions
regarding waterfront uses, the Florida legislature has recognized the need for and importance of
the preservation, enhancement and sound development of waterfront properties. Florida Statutes
§ 163.3178(2)(g) requires local governments to incorporate a "shoreline use component that
identifies public access to beach and shoreline areas and addresses the need for water -dependent
and water related facilities, including marinas, along shorelines." Additionally, pursuant to
Florida Statute § 342.07, the "Legislature recognizes that there is an important state interest in
facilitating boating and other recreational access to the state's navigable waters. This access is
vital to tourists and recreational uses and the marine industry in the state, to maintain or
enhancing the $57 billion economic impact of tourism and the $14 billion economic impact of
boating in the state annually and to ensuring continued access to all residents and visitors to the
navigable waters of the state."
Fla. Stat. § 342.07(1) also states that the "Legislature recognizes that there is an important state
interest in maintaining viable water -dependent support facilities, such as public lodging
establishments and boat hauling and repairing and commercial fishing facilities." The
Legislature, through § 342.07(1� recognized that access to the water mast be not only
through commercial means, but recreational. The Legislature defined recreational and
commercial working waterfront in § 342.07(2) as "a parcel or parcels of real property that
provide access for water -dependent commercial activities including hotels and motels as
defined in s. 509.242(1) or provide access for the public to the navigable waters of the
state." Pursuant to Florida Statute §509.242(1) hotels and motels include establishments that
provide public lodging on a daily or weekly basis. This framework is consistent with Policy
502.1.2 of the 2010 Comp Plan which requires the County to permit land uses supportive,
complementary or otherwise port related nearby and adjacent to the Safe Harbor/Peninsular port
area of Stock Island. See 2010 Comp Plan. The intent of Policy 502.1.2 is to only permit those
uses, including, but not limited to, warehousing, industry, affordable housing, marine businesses
and restaurants. See 2010 Comp Plan. There is a current demand for all of these uses, and
changing assumptions that a waterfront such as Safe Harbor will address them all under the
Mixed Use/Commercial (MC) FLUM designation.
3. Data errors, including errors in mapping, vegetative types and natural features
described in volume 1 of the plan:
Data errors exist which support the adoption of the proposed amendment. Currently, the
Industrial (1) FLUM designation is under the Maritime industrial (MI) land use designation.
The MI district permits uses which are not allowed in the Industrial (1) district. This creates an
inconsistency and a data error which warrants the instant FLUM amendment to cure the
inconsistency. Currently, under the Industrial FLUM and MI zoning, while MI allows for ten
(10) rooms/spaces per acre, industrial does not permit any rooms/spaces for allocated density.
Similarly, under the maximum net density, MI permits fifteen (15) rooms/spaces per acre while
Industrial does not permit any rooms/spaces per acre.
4. New Issues:
Throughout the State of Florida and particularly in Monroe County, residents and visitors alike
seek access to the waterfront and water dependent uses. Amending the FLUM designation for
Safe Harbor to Mixed Use/Commercial (MC) designation will provide a framework for meeting
the demands and needs of residents and visitors in Monroe County, which cannot occur under the
current FLUM designation of Industrial (1). As indicated in item two (2) above, over the last
several decades there has been a strong shift way from commercial fishery dependent uses
towards resident and tourist related water dependent activities, which are best accomplished
through the (M1) land use designation. Pursuant to the CommuniKeys Master Plan, it is "a goal
to encourage businesses to retain existing and create new public waterfront access through
development of a marina into a working waterfront and mixed use commercial zone." See
CommuniKeys Master Plan. The proposed FLUM amendment will encourage the land owners
comprising Safe Harbor to maintain the current water dependent use levels, while increasing
access to and use of the water dependant activities, all of which cannot occur in the Industrial (1)
FLUM category. Much like the definitions set forth in the Comprehensive Plan, the
CommuniKeys Master plan defines industrial uses as being devoted to "manufacturing,
warehousing, assembly, packaging, processing, fabrication, storage or distribution of goods and
materials whether new or used or the refinishing, repair or rebuilding of vehicles or boats." See
CommuniKeys Master Plan. The majority of the description of what is comprised in an Industrial
(I) land use classification is not occurring at Safe Harbor and are not likely to develop in the near
future at Safe Harbor, based on past and present demand and economic trends. Moreover, the
majority of Industrial uses do not provide access to the waterfront; rather they limit access to the
waterfront.
Recognizing the need to shift away from strictly Industrial classifications, the CommuniKeys
Master Plan identified Action Item 1.2.1 as the identification of Safe Harbor as the focal point of
a "downtown" district for Stock Island. See CommuniKeys Master Plan. In contemplating how
to achieve this, the drafters recognized the need to `propose revisions to the Land Development
Regulations." See CommuniKeys Master Plan. Action Item 1.3.4 contemplated amending the
"Land Development Regulations to eliminate the list of permitted uses that arc not consistent
with the purpose of the zoning district." See CommuniKeys Master Plan. By providing greater
flexibility for uses under the Mixed Use/Commercial FLUM designation, development and
redevelopment of Safe Harbor can better adapt and evolve in line with the vision of the
CommuniKeys Master Plan which is to maintain "an affordable cost of living for people of all
income levels with an emphasis on housing; that fosters a sustainable local economy consisting
of a working waterfront and a distinctive mix of commercial and industrial activities that
complement the community." See CommuniKeys Master Plan.
In developing the CommuniKeys Master Plan, Monroe County identified ten (10) issues and
objectives, all of which will be addressed or improved by amending Safe Harbor from an
Industrial (I) FLUM designation to a Mixed Use Commercial (MC) FLUM designation. Those
ten (10) issues and objectives are: (1) Maintain affordable housing while providing a mix of
housing options; (2) Promote the diversification of economic opportunities, including small
businesses and home occupations; (3) Identify a commercial center within Stock Island; (4)
Improve aesthetics, commercial side and visual character of south side of US I corridor, (5)
Improve storefronts, signage and landscaping for commercial properties; (6) Enhance the
community identity as a "commercial fishing" community; (7) Provide space for a working
waterfront and its supporting industries; (8) Provide and improve waterfront access; (9) Provide
off-street parking for vehicles and boats; (10) Provide improved public facilities, including
cultural and recreational facilities and activity centers.
Under the MC designation maintaining affordable housing while providing a mix of housing
options is accomplished by providing for greater density and a broader range of residential
properties.' The promotion of diversification of economic opportunities is accomplished under
the MC designation by providing for greater flexibility on developing water dependent uses, not
strictly commercial fishing related, to which greater economic opportunities are derived from.
Safe Harbor is centrally located around the only deep water port on Stock Island which is the
prime location for a commercial center, which could only be accomplished through the
redevelopment opportunities of the MC land use designation. Under the Industrial land use
designation, unsightly commercial structures will work against the goal of improving aesthetics
which can only be accomplished through diversified redevelopment under the MC land use
designation. Under the MC land use designation, similar to the goal to improve aesthetics,
greater economic opportunities will lead to improvements of landscaping, signage and
storefronts. The working waterfront is a vital aspect of Safe Harbor and by creating greater
access to the waterfront, the identity and recognition of the commercial fishing community will
flourish. Under the MC FLUM designation, a diversified water dependent industry is able to
1 All housing units under the MC FLUM and MI land use district are restricted to commercial
apartments.
flourish as opposed to the environmentally obtrusive and archaic nature of an Industrial (1)
FLUM designation. By permitting flexibility in the types of water dependent development
which can occur, providers of water dependent activities are able to better develop, maintain and
improve access to the waterfront. Through redevelopment of various parcels of land the ratio of
open space and intensity/density with respect to actual land size can be brought into conformance
to provide for better off street parking and mobility. In an Industrial land use designation,
improvement of facilities will not occur, while under the Mixed Use/Commercial land use
designation demand for water access and water dependent uses will drive property owners to
provide better facilities.
5. Recognition of a need for additional detail or comprehensiveness:
There is a need for additional detail and comprehensiveness that the proposed amended provides.
Currently the Maritime Industrial (MI) zoning district is a subcategory of the Industrial (I) future
land use map. The MI district permits uses which are not allowed in the Industrial (I) district.
This difference creates an inconsistency which requires additional detail and or
comprehensiveness to cure an inconsistency between a current land use map designation and
future land use map designation. To further the need for consistency, Maritime Industrial (MI)
uses such as commercial, office space, hotels, marinas, boat building and commercial fishing are
all compatible and permissible uses under the Mixed-Use/Commercial (MC) future land use
designation. This amendment is consistent with the uses surrounding Safe Harbor and
complements the surrounding property designations as providing for a transition from waterfront
to interior residential as opposed to the rigid transition of Industrial to Residential.
6. Data Updates:
Existing FLUM
Type
Adopted Standards
Development Potential
based upon allocated
dens'
Residential Allocated
Density/Acre*
1 du
50 units
Industrial
FLUM
Transient Allocated
Density/Acre
0 rooms/spaces
O rooms/spaces
Total site: 50.35
32.67 acres - removed
acres
35% of upland area**
Nonresidential
Maximum Intensity
0.25-0.60 FAR
657,"0-1,315,960 sf
Proposed FLUM
Type
Adopted Standards
Development Potential
based upon allocated
dens"
Residential Allocated
Mixed Use/
Densi /Acre*
1-6 du
50- 301 units
Commercial
FLUM
Transient Allocated
Total site: 50.35
Density/Acre
32.67 acres — removed
5-15 rooms/spaces
163 - 4" rooms/spaces
acres
35% of upland area**
Nonresidential
Maximum Intensity
0.25-0.45 FAR
548,317 — 986,970 sf
Proposed 1 ittensity
0.30-0.60 FAR
657,980—1,315,960 sf
Standard"*
Residential*: +251 du
Net Change In
Transient**: 490
Development
Nonresidential***: (0) square feet
Potential
Proposed Intensity Standard: no c1ninge
* Limited to Commercial Apartments
** Transient Allocated Density must preserve 35% of traditional commercial working
waterfront
*** (MI) Land Use Zoning District intensity standard in MU remains .30 - .60
TRAFFIC STUDY
A traffic study was prepared by Traffic Tech showing there would be limited increases to traffic
patterns for Safe Harbor and the surrounding properties based on an assumption of the maximum
density and intensities provided for under the Mixed Use/Cornmercial (MC) land use
designation. The traffic study is included with this application and incorporated herein by
reference.
CONCURRENCY
A letter of coordination has been provided by the Florida Keys Aqueduct Authority (FKAA)
affirming there is adequate capacity of potable water based on an assumption of the maximum
density and intensities provided for under the Mixed UselCommercial (MC) land use
designation. The FKAA letter of coordination is included with this application and incorporated
herein by reference.
FLUM
Comprehensive
Max
Plan Potable
Potential
Persons/
Total
Total
Net
Water Policy
Residential
household
persons
LOS
Change
701.1.1
Development
Demand
(dwelling
units
INDUSTRIAL
Residential LOS
66.5/gal/cap/day
50 du
2.24
112
7,450
(149 gal/du/day
+37,399
MIXED USE/
Residential LOS
COMMERCIAL
66.5/gal/cap/day
301 du
2.24
674.24
44,849
(149 gal/du/day
FLUM
Comprehensive
Max
Plan Potable
Potential
LOS Standard
Total LOS
Net
Water Policy
Floor Area
.35
Demand
Change
701.1.1
Ratio (FAR)
Gal/sq.ftJday
Square Feet
INDUSTRIAL
Nonresidential
(0.60 FAR)
LOS
1,315,960 sf
.35
460,586
.35/gal/sq.ft./day
115,146.5
MIXED USE/
Nonresidential
COMMERCIAL
LOS
986,970 sf
.35
345,439.5
(0.45)
.35/gal/sq.ft./day
A letter of coordination has been provided by the Keys Energy Services (KEYS) affirming there
is adequate capacity of electrical service based on an assumption of the maximum density and
intensities provided for under the Mixed Use/Commercial (MC) land use designation. The
KEYS letter of coordination is included with this application and incorporated herein by
reference.
A letter of coordination has been provided by the Key West Resort Utilities (KWRU) affirming
there is adequate capacity of waste water treatment capacity based on an assumption of the
maximum density and intensities provided for under the Mixed Use/Commercial (MC) land use
designation. The KWRU letter of coordination is included with this application and incorporated
herein by reference.
FLUM
Comprehensive Plan
Max Potential
Solid Waste Policy
Residential
Persons/
Total
Total
Net Change
801.1.1
Development
household
persons
LOS
(dwellingunits
Demand
INDUSTRIAL
Residential LOS
5.441bslcapitalday
50 du
2.24
112
609.28
+3,058.59
MIXED USE/
Residential LOS
COMMERCIAL
5.441bs/capita/day
301 du
2.24
674.24
3,667.87
A letter of coordination has been provided by Waste Management affirming there is adequate
solid waste removal capacity based on an assumption of the maximum density and intensities
provided for under the Mixed UselCommercial (MC) land use designations.
The proposed amendment will not create any new impacts under the 1977 AICUZ. While
Monroe County does not have military compatibility incorporated in the 2010 Comp plan, Safe
Harbor does comply with the restrictions imposed by the 1977 Air Installation Compatible Zone
(AICUZ). While a small portion of Safe Harbor (the southwest corner) falls within the Cl
subcategory of the AICUZ, this does not prevent redevelopment or development as Commercial
Resorts are provided as a right under the Navy's 1977 AICUZ.
Although not adopted or incorporated in the County's Comprehensive Plan or Land
Development Regulations the 2007 proposed AICUZ ("2007 AICUZ") provides a portion of
Safe Harbor within the proposed flight paths. None of the proposed uses under the Mixed
Use/Commercial (MC) are expressly prohibited under the 2007 AICUZ. The de minimis amount
of property located in the proposed 2007 AICUZ is further evidenced by the fact the Department
of Defense chose not to include South Stock Island in Table 7-I Land Areas of Significance —
AICUZ, in the 2007 AICUZ.
TM T®ch
ENGINEERING, INC.
May 16, 2012
Mr. Barton W. Smith, Esq.
BARTON SMITH, P.L.
624 Whitehead Street
Key West, Florida 33040
Re: Stock Island FLUM — TrafCe Impact Statement
Dear Mr. Smith:
Per your request, Traf Tech Engineering, Inc. conducted a traffic impact statement
associated with 12 properties located in Stock Island in Monroe County, Florida. The 12
properties are described below:
I. Robbie's Marina
2. Longstock 1I, LLC
3. Island Trust Agreement Dated 3/10/1989
4. Benjamin Bernstein Residual Trust
5. Safe Harbor Enterprises
6. Safe Harbour Properties, LLC
7. Bama One, LLC
8. KWRU
9. Constellation Yachts
10.3D of Key West, Inc.
11. Key West Transfer Station & Hauling Services, Inc.
12.6840 Front Street, LLC
Information (current use, current permitted maximum and proposed permitted maximum)
pertaining to each of the 12 properties listed above is provided in Attachment A of this
reporL
Trip Generation
A trip generation comparison analysis was performed between the current permitted
maximum and proposed permitted maximum associated with the 12 properties using the
trip generation rates published in the Institute of Transportation Engineer's (ITE) Trip
Generation manual (8* Edition). The trip generation comparison analysis was
undertaken for daily, AM peak hour, and PM peak hour conditions. The analysis was
based on the following assumptions:
8400 North tlniverslty Drive, Suite 309, Tamarac, Florida 33321
Tel: (954) 582-0988 Fax: (954) 582-0989
CURRENT PERMPI"rED MAXIMUM
o Residential (50.25 units, say 50 units)
o Hotel (none)
o Non residential (1,315,361 square feet)
PROPOSED PERMITTED MAXIMUM
o Residential (301.5 units, say 302 units), or
o Hotel (490 Rooms), and
o Non residential (1,315,36I square feet)
According to 1TE's Trip Generation manual (8`" Edition), the trip generation rates used
for the existing and proposed land uses that increaseldecrease in intensity are:
APARTMENT (ITE Land Use 220)
Daily Trip Generation
T = 6.65 (X)
Where T = number of daily trips
X = number of residential units
AM Peak Hour
T=0.51 (X)
Where T = number of AM peak hour trips
X = number of residential units
PM Peak Hour
T = 0.62 (X)
Where T = number of PM peak hour trips
X = number of residential units
HOTEL (ITE Land U
Daily Trip Generation
T = 8.92 (X)
Where T = number of daily trips
X = number of rooms
AM Peak Hour
T = 0.67 (X)
Where T = number of AM peak hour trips
X = number of rooms
PM Peak Hour
T = 0.70 (X)
Where T = number of PM peak hour trips
X = number of rooms
Using the above -listed equations from the ITE document, a trip generation comparison
analysis was undertaken between the existing (i.e. maximum allowable development
under the existing land -use designation) and proposed land uses. The results of the trip
generation comparison analysis between the existing and proposed uses are documented
in Table 1. As indicated in Table 1, the proposed land -use change for Option 2
(residential to hotel) is projected to generate approximately 4,038 new daily trips,
approximately 302 new AM peak hour trips, and approximately 312 new trips during the
typical afternoon peak period.
TABLE 1
Trip Generation Comparison Analysis
Stock Island Properties
Number of Trips
Land Use I
Size I Daily
AM Peak PM Peak
EXISTING LAND USE aximum Allowable Develo ment
Residential 50 units
333
26
31
External Trips 1
333
26
31
PROPOSED LAND USE aximum Allowable Development)- Option 1
Residential 302 units 2,008
154
187
External Trips 2,009
154
197
Difference Option 1 +1675
+128
+156
PROPOSED LAND USE aximum Allowable Development)— Option 2
Hotel
1490 rooms
4,371
328
343
External Trips
49,371
328
343
Difference Option 2
+4 038
+302
+312
Souse: 11E T rip Generation Manual (e Edition)
Trip Distribution
The trip distribution associated with the difference in trips was based on existing traffic
patterns and the transportation network located in the vicinity of Stock Island. Due to the
location of the site, it was assumed that the majority of the project trips will arrive and
depart to and from Key West located west of Stock Island. Table 2 summarizes the trip
distribution used for the difference in trips.
TABLE 2
Project Trip Dlstribution
Stock Island Pro ernes
Direcdon
% of Total Trips
North:
Florida Bay
0%
South:
Atlantic Ocean
0%
East:
Big Pine Key
30%
West:
Key West
70%
Total
100.000/0
Source: Traf Tech Engineering, Inc.
US 1 Impacts by Mile Marker
Marathon is located approximately 45 miles from Stock Island. It was assumed that the
maximum trip length will be 45 miles. The average trip length was assumed to be one-
half of the maximum trip length, or 23 miles. Based upon these trip length assumptions,
the US 1 segments identified in Monroe County's Traffic Report Guidelines, and the trip
distribution discussed previously, an estimate of the number of primary trips by segment
on US I was performed. Table 3 summarizes the number of primary trips by segment on
US I (Arterial Trip Assignment). As indicated in Table 3, this project will add
approximately 4,038 new daily trips, and with the exception of two roadway segments,
all US 1 segments impacted have sufficient capacity to absorb the additional traffic loads
created by the difference in trips. The exceptions include the following two links:
a. Stock Island (MM 4.0 to 5_0)
b. Big Coppitt (MM 9.0 to 10.0)
Link I (Stock Island) has a reserve capacity of 2,131 daily trips and the traffic impacts
associated with the proposed land -use change result in 2,827 new daily trips, or 696 trips
over the available roadway capacity. However, applying the allowed 5% allocation
below LOS C, the subject roadway segment has an additional 2,332 daily trips of reserve
capacity which is sufficient to accommodate the 696 trips over capacity.
Link 3 (Big Coppitt) has a reserve capacity of 522 daily trips and the tragic impacts
associated with the proposed land -use change result in 969 new daily trips, or 447 trips
over the available roadway capacity. However, applying the allowed 5% allocation
below LOS C, the subject roadway segment has an additional 1,066 daily trips of reserve
capacity which is sufficient to accommodate the 447 trips over capacity.
4
Table 3
Arterial Trip Assignment Summary
Stock Island Properties
Project Name:
Stock Island Properties
US I Mile Marker:
4.o
Location:
Stock Island
ITE band Use:
220 &310
Type of Dev.:
Residential/Iiotel
Daily Trip Gen. Rate:
6,65/9.92
Project Size:
Varies
Avg. Trip Length:
23 miles
Total Percent
Percent US I
Percent
% Impact
Project
Daily Pass -By
Primary Segment
Directional
Bond on
Generated
Reserve
Tri s Trips
Tri $ Number
Split
Trip Length
DAY Trim
Capacity
4,038 0%
1006A 1
700/o/ 30%
100%
2,827
2,131
2
30%
90%
1,090
5,683
3
30%
80oA
969
522
4
30%
75%
009
3 074
5
30%
70%
848
2131
6
30%
65%
797
2,401
7
30%
60%
727
2,004
8
30%
55%
666
2 247
9
30%
50%
606
2 608
10
30%
400/c
495
845
Source: Monroe County and TmjTech Engineering,
In summary, the proposed land -use change associated with the 12 Stock Island properties
is projected to generate a maximum of approximately 4,038 new daily trips,
approximately 302 new AM peak hour trips, and approximately 312 new trips during the
typical afternoon peak period. Using the allowed 5% allocation below LOS C, all US 1
segments impacted by the project have sufficient capacity to absorb the additional traffic
loads created by the difference in trips.
Please give me a call if you have any questions.
:CH EN RING, INC.
. Vargas, P.E
insportation gineer
5
Exhibit 3
Excerpt from:
The Stock Island — Key Haven Livable CommuniKeys Master Plan
Pg. 7:
Commercial and Industrial Uses
The following chart shows each commercial/industrial zoning classification and its corresponding number of
parcels.
Commercial mud Industriai ZoDing
Districts
Total # Parcels N Vacant Parcels
Total Acreage
Mixed Use
319
38
246
Urban Commercial
l5
1S
2
Suburban Commercial
2S
23
11
Recreational Vehicle
Z
0
12
Marine Industrial
24
0
142
385
76
413
reble b+r ukr bWA SIwk NOW and Key lids n
There are a total of 413 acres of commercial and industrial -zoned land. All of the 142 acres of land zoned for
Industrial uses are developed and located on Stock Island. Stock Island has more MU zoned areas than any
other zoning classification. The purpose of the Mixed Use (MU) land use district is to establish or conserve
areas of mixed uses, including commercial fishing, resorts, residential, institutional, and commercial uses.
These areas are representative of the character, economy, and cultural history of the Florida Keys. The MU
zoned areas of Stock Island include all of the above defined uses, except resorts, since there are no resorts on
Stock Island or Key Haven.
Commercial Uses
This section includes all commercial uses other than industrial. Unlike many other communities in the Lower
Keys, Stock Island and Key Haven have a US I commercial corridor as well as commercial uses and corridors
throutout Stock Island. The planning department has identified Maloney., MacDonald Avenue and 5 Avenue as
the primary intra-island commercial corridors. These corridors will be studied further to determine
appropriate policies and recommendations for these areas.
There are several small-scale strip type commercial developments found throughout Stock Island which
include a variety of uses ranging from office space to convenience stores. Stock Island has many of the
commercial needs within walking or a short drive from the residential sections of the island. There are also a
number of restaurants and retail services located throughout the island. Again, the majority of the uses are
zoned Mixed Use (MU) in addition to Suburban Commercial (SC) and one parcel of Urban Commercial
(UC), which is currently vacant.
There are 162 parcels taxed as commercial uses with a total taxable value of $57,079,912 in 2003. The 2002
taxable value was $49,281,172. This equates to a difference of$7,798,740 or a 13% increase in the taxable
value of the land.
Industrial Uses
Industrial uses are defined as those uses devoted to the manufacture, warehousing, assembly, packaging,
processing, fabrication, storage, or distribution of goods and materials whether new or used, or the
refinishing, repair, or rebuilding of vehicles or boats.
There are several different industrial uses and sites located throughout Stock Island. Key Haven does not have
any industrial uses or sites due to the residential nature of the subdivision. There are industrial sites
throughout Stock Island with the majority of the uses located in the central section of the island. All of the
industrial uses are zoned Mixed Use (MU) or Maritime Industrial (MI).
A majority of the Stock Island industrial uses are associated with maritime uses such as boat repair, boat
construction and other shipping related activities. Commercial fishing outfits are also Iocated within this
classification and Iocated within the Safe Harbor area. The total taxable value of all industrial uses as assigned
by the Monroe County Property Appraiser for 2003 is $28,541,363. The total taxable value for 2002 was
$24,875,684. There was an increase of $3,665,679 or a 12% increase in the taxable value of the land.
The Maritime Industrial (MI) zoning district establishes and conserves areas suitable for maritime uses such
as ship building, ship repair, and other water -dependent manufacturing and service uses. It should also be
noted that M1 zone permits certain non -maritime uses as weII, such as commercial apartments, retail
commercial, and hotels. There are 142 acres and 24 parcels of MI zoned land. It must be noted that the area
stated here may be higher than actual land that is present, due to the amount of bay bottom that is included as
part of the parcel calculations.
Pg. 12:
Economic Development and Tourism
"Working waterfront" is becoming increasingly relevant across the state, and indeed the country. "Working
waterfront" describes communities whose economy is intrinsically Iinked to the waters and its bounty, as is
the case with Stock Island. The Stock Island economy has not transitioned to a primarily tourism -based
commercial retail economy, such as that of Key West Detailed information pertaining to the economy and
waterfront areas of Stock Island are provided within the Harbor Preservation/RedeveIopment and lntra-Island
Transportation Plan completed by Wallace, Roberts, and Todd (WRT) in 2005.
Tourist Housing
Tourist housing is defined by the Land Development Regulations as a dweIIing unit used for tenancies of less
than 28 days which includes the rental, Iease, sublease, or assignment of existing dwelling units. Within the
planning area there are no motels, hotels, or guesthouses. However, on Stock Island there are several RV
parks or mobile home parks with RV spaces for rent.
Pg. I 7:
PIannin Issues and Obiectives
From the start of the planning process and through out the development of the Existing Conditions report and
this Master Plan, a number of planning issues and objectives have been identified and considered in the
development of this plan. The planning issues and objectives follow in no specific order of importance:
Stock Island
• Maintain affordable housing while providing a mix of housing options; and
• Promote the diversification of economic opportunities, including small businesses and home
occupations; and
• Identify a commercial center within Stock Island (i.e. not US 1); and
• Improve aesthetics, commercial site and visual character of south side of US I corridor; and
• Improve storefronts, signage, and Iandscaping for commercial properties; and
• Enhance the community identity as a "commercial fishing" community; and
• Provide space for a working waterfront and its supporting industries; and
• Provide and improve waterfront access; and
• Provide off-street parking for vehicles and boats; and
• Provide improved public facilities, including cultural and recreational facilities and activity centers such
as libraries.
Pg. 23:
Analysis of Community Needs
Economic Diversity-Zonin2 and Land Use
Recent development and redevelopment activities have been focused in the MU district. According to the
2005 Property Appraisers database, 48% of the MU zoned parcels are developed with residential uses and
20% are developed with commercial and office uses. The MU district permits both residential and
commercial uses. Since all the residentially zoned lands are completely developed on Stock Island, this
applies additional pressure to redevelop MU lands for residential uses.
Responses from the Livable CommuniKeys survey indicate that 68% of the community agree or strongly
agree with maintaining the amount of land for light industrial and commercial activity. The survey and
development patterns indicate there is a need to redirect economic development and growth into appropriate
infill areas and assess the availability of residentially zoned land.
Economic Diversity-Opgortunities. Retention and Expansion
According to a report from the Chesapeake Group, the most important issues confronting commercial
business operations are (in order of frequency):
• difficulty in attracting and retaining employees
• lack of visibility, inadequate signage
• inability to improve or expand
• lack of parking
• traffic
• decline in tourism
• government regulations
• degradation of the environment
In addition, the Chesapeake Group report predicts that demand for basic goods and services will grow well
into the foreseeable future as a result of changing household structures and demographics and increases in
visitor -based activity. Major commercial opportunities for the lower keys were identified as:
• Additional fast food operations
• Additional chain drugstores
• National large retail chains (example: Target or Wal-Mart)
Maintain Commercial Fishing.
The mail surveys indicate that the commercial activities the residents are mostly concerned with are those
surrounding the commercial fishing industry. Specifically, 63% of the community agree or strongly agree that
there is a need to protect the commercial fishing industry. Commercial fishing is permitted in both the
Maritime Industrial zoning classification and the Mixed Use District, but is under pressure as those zones also
allow for non-commercial fishing uses, as well as residential uses.
Pg. 26
Current Conditions Summary
Stock Island is one of the most densely developed Keys. Very few vacant areas exist to accommodate infil I,
which means redevelopment will be likely over the next 20 year planning horizon. Many of the lots of Stock
Island are small compared to other areas of unincorporated Monroe County. For example, the residential lots
in the Lincoln Gardens subdivision neighborhood are approximately 3,440 square feet in size.
Commercial activities occur in many areas of Stock Island. This is because the predominant land use zoning
district is Mixed Use (MU), which allows for a variety of both residential and commercial uses and activities.
The other predominate land use zoning districts are Maritime Industries and Urban Residential Mobile Home.
Analysis of Community Needs
Through the planning process, the community identified promoting diversification of economic opportunities
as a priority. In order to achieve this, a sufficient supply of appropriately zoned land needs to be available.
The Future Land Use Map serves as a guide for future land utilization and compliance of land uses with the
policies set forth in the Comprehensive Plan. There are instances on Stock Island and Key Haven where the
land use zoning district and/or the FLUM does not correspond with current land use. This results in
nonconforming uses and structures. On a site -by -site basis, nonconformities create difficulties in reconciling
appropriate redevelopment proposals in the context of current land use zoning district and the FLUM.
The MU zoning, which allows for both commercial and residential uses, does not adequately inherently
protect commercially utilized land from being converted to residential use. Similarly, the MU zoning does not
adequately protect residentially utilized land from being converted to commercial use. There is a community -
wide need to be sure there is enough appropriately zoned land to accommodate future growth and
redevelopment for residential and commercial utilization.
.. �
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Exhibit 5
KWRU
KW RESORT UTILITIES
KW Resort Utilitieskoru.
6630 Front Street
Key West, FL 33040
305.295.3301
FAX 305.295.0143
www.kwru.com
May 16, 2012
Safe Harbor Property Owner's Association, Inc.
CIO Barton W. Smith, Esq.
BARTON SMITH, P.L.
624 Whitehead Street
Key West, Florida 33040
Re: Confirmation of Additional Wastewater Treatment Ca a i
Dear Mr. Smith,
Please allow this letter to serve as confirmation that KW Resort Utilities Corp., the
central wastewater treatment facility for Stock Island, has additional capacity available
for future development by members of the Safe Harbor Property Owner's Association,
Inc.
Please feel free to contact for additional information regarding reserving capacity.
Sincerely yours,
ff A.A., C, -t)
Azz:w
Christopher A. Johnson
President
�o
Florida Keys
Aqueduct Authority '
o
JIM Kannady Dd"
Key wan, Florida 33040
Tetaphone (305) 2W2454
2"'flazim q b
9� d d•
May 17, 2012
Mr. Gregory S. Oropeza, Esq.
BARTON SMITH, P.L.
624 Whitehead Street
Key West, FL 33040
RE: Future Land Use Map Amendment to all of the properties surrounding Safe Harbor
Stock Island
Rezoning from Industrial (1) to Mixed Use/Commercial (MC)
Dear Mr. Oropeza,
J. Robert Dean
Chain =
DW t3
Antoinette K Appe
Vice -Chairmen
Dbtdct 4
Brien L Doi.
Dhaft frTa"M
Melva 0. 2 weoner
David C. Wtt
DisMd s
Kht C. Zw1ch
EXOCYUYO Dheetcw
This letter will serve as preliminary coordination of the above referenced project with the Florida Keys
Aqueduct Authority.
The FKAA has no objection to Future Land Use Map Amendment to all of the properties surrounding Safe
Harbor in Stock Island, Florida (See attached list). However prior to future development a complete set of
Civil and Architectural plans will be required to determine the maximum demand required for proposed
development.
Should you have any questions or require any Anther information please feel free to call me.
Sincerely,
Florida Keys Aqueduct Authority
'/�V ���
Mamie L. Walterson
Distribution Design Specialist
CC Jolynn Reynolds, Water Quality Engineer
Proposed Properties -Safe Harbor, Stock island, Florida
1. Robbie's Safe Harbor Marine Enterprises, Inc., a Florida corporation
a. Property Address — 7281 Shrimp Road, Key West, Florida 33040
2. Longstock 11, LLC, a Florida limited liability company
a. Property Address — 700 and 7009 Shrimp Road, Key West, Florida 33040
3. Bernstein Family Trust - (Need legal name of trust)
a. Property Address — 5550 Fifth Avenue, 5700 Fourth Street and 6500 Front Street, South Stock
Island, Florida 33040
4. Island Trust
a. Property Address — 6500 Front Street, Key West, Florida 33045 2455
5. Safe Harbor Enterprises, Inc., a Florida corporation
a. Property Address --- Vacant Land, South Stock Island; Vacant Land, Shrimp Road
6. Safe Harbor Properties, LLC, a Florida limited liability company
a Property Address 6810 Front Street, Key West, Florida 33040
7. Key West Transfer & Hauling Service, Inc., a Florida corporation
a. Property Address — 6500 Front Street, Stock Island, Florida 33040
8. Bama One, LLC, a Florida limited liability company
a. Property Address —Vacant Land South Stock Island
9. 3D of Key West, Inc., a Florida corporation
a. Property Address — 6801 Shrimp Road, Stock Island, Florida 33040
10. Constellation Yachts, Inc., a Florida corporation
a. Property Address — 6811 Shrimp Road, Stock Island, Florida 33040
11. KW Resort Utility Corporation, a Florida corporation
a. Property Address — 6630 Front Street, Stock Island, Florida 33040
12.6840 Front Street, LLC, a Florida limited liability company
a. Property Address — 6840 Front Street, Stock Island, Florida 33040
T/ c..... PC— A DIY— i 'eF4 i M— t fF— t OVA t JT— t R— t • It— a jw� t .a — i
wum.
wAt4t WMi40REllr�
Safe Harbor Property Owners Association, Inc.
C/O Barton Smith P.L.
624 Whitehead Street
Key West, Florida 33040
WASTE MAN"EMENT OF
THE FLORIDA KEYS, INC.
125 To,pnw Indwtnal Dr
Rockland Key, FL 33040
(305) 296.8297
(305)296-8175 Fax
May 16, 2012
Please accept this letter reference Future Land Map use Amendment for Safe Harbor Stock Island.
Waste Management Inc of Florida provides collection and disposal via franchisee agreement with
Monroe County for this area. All waste is transported to our Waste To Energy Plant in Broward County
Our capacity is 5000 tons per day; our current operation is at 75%, which leaves pleanty of room
To handle this minimal additional waste. Please call if you have any questions. 305-797-33SS
Sinc ely
� LbL'
Greg Sullivan
Sr. District Manager
Monroe County & Key West
From everyday collection to environmental protection, Think Green.^ Think Waste Management.
Traf Tech
ENGINEERING, INC.
October 23, 2012
Mr. Barton W. Smith, Esq.
BARTON SMITH, P.L.
624 Whitehead Street
Key West, Florida 33040
Re: Stock Island FLUM — Traffic Impact Statement
Dear Mr. Smith:
Per your request, Traf Tech Engineering, Inc. conducted a traffic impact statement
associated with 12 properties located in Stock Island in Monroe County, Florida. The 12
properties are described below:
1. Robbie's Marina
2. Longstock 11, LLC
3. Island Trust Agreement Dated 3/10/1989
4. Benjamin Bernstein Residual Trust
5. Safe Harbor Enterprises
6. Safe Harbour Properties, LLC
7. Bama One, LLC
8. KWRU
9. Constellation Yachts
10. 3D of Key West, Inc.
11. Key West Transfer Station & Hauling Services, Inc.
12. 6840 Front Street, LLC
Information (current use, current permitted maximum and proposed permitted maximum)
pertaining to each of the 12 properties listed above is provided in Attachment A of this
report.
Trip Generation
A trip generation comparison analysis was performed between the current permitted
maximum and proposed permitted maximum associated with the 12 properties using the
trip generation rates published in the Institute of Transportation Engineer's (ITE) Trip
Generation manual (81h Edition). The trip generation comparison analysis was
undertaken for daily, AM peak hour, and PM peak hour conditions. The analysis was
based on the following assumptions:
8400 North University Drive, Suite 309, Tamarac, Florida 33321
Tel: (954) 582-0988 Fax: (954) 582-0989
CURRENT PERMITTED MAXIMUM
o Residential (50.25 units, say 50 units)
o Hotel (none)
o Non residential (1,315,361 square feet)
PROPOSED PERMITTED MAXIMUM
o Residential (49 units; I du/acre), or
o Hotel (490 Rooms), and
o Non residential (1,315,361 square feet)
According to ITE's Trip Generation manual (8"' Edition), the trip generation rates used
for the existing and proposed land uses that increase/decrease in intensity are:
APARTMENT (1TE Land Use 220)
Daily Trip Generation
T = 6.65 (X)
Where T = number of daily trips
X = number of residential units
AM Peak Hour
T = 0.51 (X)
Where T = number of AM peak hour trips
X = number of residential units
PM Peak Hour
T = 0.62 (X)
Where T = number of PM peak hour trips
X = number of residential units
HOTEL (ITE Land Use 310
Daily Trip Generation
T = 8.92 (X)
Where T = number of daily trips
X = number of rooms
AM Peak Hour
T = 0.67 (X)
Where T = number of AM peak hour trips
X = number of rooms
2
PM Peak Hour
T = 0.70 (X )
Where T = number of PM peak hour trips
X = number of rooms
Using the above -listed equations from the ITE document, a trip generation comparison
analysis was undertaken between the existing (i.e. maximum allowable development
under the existing land -use designation) and proposed land uses. The results of the trip
generation comparison analysis between the existing and proposed uses are documented
in Table 1. As indicated in Table 1, the proposed land -use change for Option 2
(residential to hotel) is projected to generate approximately 4,038 new daily trips,
approximately 302 new AM peak hour trips, and approximately 312 new trips during the
typical afternoon peak period.
TABLE 1
Trip Generation Comparison Analysis
Stock Island Properties
Number of Trips
Land Use
Size
Daily
AM Peak
PM Peak
EXISTING LAND USE (Maximum Allowable Develo ment)
Residential 50 units
333
26 31
External Trips
333
26 31
PROPOSED LAND USE (Maximum Allowable Development) Option 1
Residential
49 units
326
25
30
External Trips
326
25
30
Difference Option 1
-7
-1
-1
PROPOSED LAND USE Maximum Allowable Development)_ Option 2
Hotel 1 490 rooms
4,371
328
343
External Trips 1
4,371
328
343
Difference Option 2
+4,038
+302
+312
Source: ITE Trip Generation Manual M' Edition)
Trip Distribution
The trip distribution associated with the difference in trips was based on existing traffic
patterns and the transportation network located in the vicinity of Stock Island. Due to the
location of the site, it was assumed that the majority of the project trips will arrive and
depart to and from Key West located west of Stock Island. Table 2 summarizes the trip
distribution used for the difference in trips.
3
TABLE 2
Project Trip Distribution
Stock Island Pro erties
Direction
% of Total Trips
North:
Florida Bay
0%
South:
Atlantic Ocean
0%
East:
Big Pine Key
30%
West:
Key West
70%
Total
100.00%
Source: Traf Tech Engineering, Inc.
US 1 Impacts by Mile Marker
Marathon is located approximately 45 miles from Stock Island. It was assumed that the
maximum trip length will be 45 miles. The average trip length was assumed to be one-
half of the maximum trip length, or 23 miles. Based upon these trip length assumptions,
the US 1 segments identified in Monroe County's Traffic Report Guidelines, and the trip
distribution discussed previously, an estimate of the number of primary trips by segment
on US I was performed. Table 3 summarizes the number of primary trips by segment on
US I (Arterial Trip Assignment). As indicated in Table 3, this project will add
approximately 4,038 new daily trips, and with the exception of two roadway segments,
all US 1 segments impacted have sufficient capacity to absorb the additional traffic loads
created by the difference in trips. The exceptions include the following two links:
a. Stock Island (MM 4.0 to 5.0)
b. Big Coppitt(MM 9.0 to 10.0)
Link 1 (Stock Island) has a reserve capacity of 2,131 daily trips and the traffic impacts
associated with the proposed land -use change result in 2,827 new daily trips, or 696 trips
over the available roadway capacity. However, applying the allowed 5% allocation
below LOS C, the subject roadway segment has an additional 2,332 daily trips of reserve
capacity which is sufficient to accommodate the 696 trips over capacity.
Link 3 (Big Coppitt) has a reserve capacity of 522 daily trips and the traffic impacts
associated with the proposed land -use change result in 969 new daily trips, or 447 trips
over the available roadway capacity. However, applying the allowed 5% allocation
below LOS C, the subject roadway segment has an additional 1,066 daily trips of reserve
capacity which is sufficient to accommodate the 447 trips over capacity.
4
Table 3
Arterial Trip Assignment Summary
Stock Island Properties
Project Name:
Location:
Type of Dev.:
Project Size:
Avg. Trip Length:
Stock Island Properties
Stock Island
Residential/Hotel
Varies
23 miles
US 1 Mile Marker.
ITE Land Use:
Daily Trip Gen. Rate:
4.0
220 &310
6,65/8.92
Total
Daily
Percent
Pass -By
Trips
Percent
Primary
Trips
US 1
Segment
Number
Percent
Directional
S lit
% Impact
Based on
Trip Length
Project
GeneratedAReserveTrips
Daily Trips4,038
0%
100%
1
70%/30%
100%
2,827
2
30%
90%
1,090
5,63
3
30%
80%
969
522
4
30%
75%
909
3,074
5
30%
70%
848
2,131
6
30%
65%
787
2,401
7
30%
60%
727
2,004
8
30%
55%
666
2,247
9
30%
50%
606
2,608
10
30%
40%
485
845
Source: Monroe County and Traf Tech Engineering,
In summary, the proposed Iand-use change associated with the 12 Stock Island properties
is projected to generate a maximum of approximately 4,038 new daily trips,
approximately 302 new AM peak hour trips, and approximately 312 new trips during the
typical afternoon peak period. Using the allowed 5% allocation below LOS C, all US 1
segments impacted by the project have sufficient capacity to absorb the additional traffic
loads created by the difference in trips.
Please give me a call if you have any questions.
ly,
TECH ENG RING, INC.
—f v
E. Vargas, P.E.
Transportation gineer
URS
Date: November 1, 2012
To: Ms. Mayt6 Santamaria
MONROE COUNTY PLANNING DEPARTMENT
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
From; Mr. Raj Shanmugam, P.E.
Senior Traffic Engineer — Project M ger
Subject: FLUM Amendment Generation Comparison
Safe Harbor Marina Property Owners Association, Inc., (17 parcels) Jn Stock Island -
Twelve (12) properties of Safe Harbor Marina Property Owners Association, Inc., which
is comprised of seventeen (17) parcels of land in Stock Island, have requested to
amend the Future Land Use Map (FLUM) from Industrial (1) to Mixed Use/Commercial
(MC). Meeting the transportation concurrency is an integral part of the future land use
designation and the land development process. At the request of Monroe County
Planning Department, URS developed potential trip generation associated with the
adopted FLUM amendment. The findings are summarized in this memorandum.
A brief description of the twelve properties identified in the application is as follows:
Property ID.
Land Area
# of Parcels
1. Robbie's Safe Harbor Marina
10.41 acres
1
2. Longstock Il, LLC,
12.25 acres
1
3. Bernstein Family Trust
9.52 acres
4. Island Trust
2.11 acres
1
5. Safe Harbor Enterprise, Inc.
4.20 acres
1
6. Safe Harbor Properties, LLC,
2.21 acres
1 y
7. Key West Transfer & Hauling Services, Inc.
2.51 acres
1
8. Bama One, LLC.
0.43 acres
1
9. 3D of Key West, Inc.
2.07 acres
1
10. Constellation Yachts, Inc.
0.76 acres
1
11. Key West Resort Utility, Corp.
2-00 acres
1
12. Front Street, LLC.
0.93 acres
1
TOTAL
49.40 acres
17
URS Cmwaslon
3343 W Commercial Blvd. Suite 100
Fort Lauderdale, FL 33309
Tel 954.739 1881
Fax 964 739 1789
Tnp Generation Comparison - Industrial PLUM Amendment to Safe Harbor Madna in Stock !eland
Page 2 of S
November 1. 2012
The maximum development potential based upon the FLUM amendment is as follows:
E
Existing FLUM
Type
Adopted
Development
Standards
Potential
Residential
1 du
49 units
Industrial
Allocated Density/Acre
Transient
Allocated Density/Acre
0 rooms/spaces
0 rooms/spaces
FLUM
(MI zoning)
Nonresidential
537,966 sf
Maximum Intensity
0.25-0.60 FAR
1,291,118 sf
Proposed FLUM
Type
Adopted
Development
Standards
Potential
Residential
Allocated Density/Acre
1 du
49 units
Mixed Use/
MC FLUM & MI Zoning
Transient
Commercial
FLUM
Allocated Density/Acre
5-15
160 -481
(32.11 acres - removed 35% of
rooms/spaces
rooms/spaces
(MI Zoning)
upland area or 17.29 acres)
Nonresidential
0.30-0.60 FAR
646,669 sf —
Maximum Intensity
1,291,118 sf
Net Change in
Residential: no change
Development
Transient: +481 rooms/spaces
Potential based on
Nonresidential: no change
FLUM
The transportation concurrency along US 1/Overseas Highway in Monroe County is
determined by the travel speeds and the resulting Levels of Service (LOS). The travel
speeds along US 1/Overseas Highway is measured annually through a Travel Time
Delay Study; the results of the 2011 study are the most recent data available. For the
108 miles of US 1/Overseas Highway, the Overall LOS is C.
Monroe County Comprehensive Plan Policy 301.1.2
For US-1, Monroe County hereby adopts a level of service (LOS) standard of C
based on the methodology developed by the US-1 LOS Task Force and adopted
by the Board of County Commissioners in August 1991, for analyzing the LOS on
US-1 in Monroe County. This methodology replaces a peak hour volume
standard for US-1. The level of service on US-1 shall be maintained within five
percent (5946) of LOS C.
Most of the trips associated with the propose map amendment and the future potential
development on Stock Island based upon the amendment would directly impact the
following three roadway segments of US 1 in unincorporated Monroe County:
Trip Generation Comparison - Industrial FLUM Amendment to Safe Harbor Marina In Stock Island
Page 3 S
URSNovember1, 2012
• Segment # 1 — (4-LID) Cow Key Bridge to Key Haven Boulevard (2,131 Reserve
Trips),
o LOS B
• Segment # 2 — (4-LID) Key Haven Boulevard to Rockland Drive (5,683 Reserve
Trips),
o LOS A
• Segment # 3 — (2-LIU) Rockland Drive to Boca Chica Road (969 Reserve Trips)
o LOS C.
The allowable land uses within the Industrial future land use designation per the
Comprehensive Plan are listed in the table below. The potential trip generations are
identified assuming 100% build -out of each land use. It is important to note that the land
use intensity is cumulative, and cannot exceed 100%, i.e.: if multiple land uses are
chosen to be built, they should add to 100% - certain types of affordable housing may
be an exception.
Safe Harbor Trip Generations
Industrial Future Land Use Mau Desiganation
Land Use
I FLUM & MI Zoning
(Monroe Co. Comprehensive Plan)
Max. Allowed
(0.0 FAR Max.)
# of Potential Daily Trips
(►TE Trip Gen.. a Edition)
Industrial (light)
1,291,118 s.f.
8,999
Industrial (heavy)
1,291,118 s.f.
1,937
Commercial Fishing
49.4 acres
344
Manufacturing
1,291,118 s.f.
4,932
Office
1,291,118 s.f.
14,745
Commercial Retail
(max of 5, 000sf per parcel)
Approx. 652,080 s.f.
28,000
Residential
49 Units
326
Public
1,291,118 s.f.
36,048
Institutional
Elementary School
1,291,118 s.f.
19,922
MiddletJr. High School
1,291,118 s.f.
18,126
High School
1,291,118 s.f.
16,643
Jr./Community College
1,291,118 s.f.
35,493
Church
1,291,118 s.f.
11,762
Day Care Center
1,291,118 s.f.
102,334
Cemetery
1,291,118 s.f.
352
Library
1,291,118 s.f.
72,612
Hospital'`
1,291,118 s.f.
21,303
Trip Genwatfon Comparison - Industdaf FLUM Amendment to Safe Hades Marina In Stock island
Page 4 of S
URSNavember 1, 2012
The requested FLUM amendment to Mixed Use/Commercial includes transient uses,
such as Hotel Rooms. The following table identifies the potential trip generations
associated with each land use, assuming a 100% build -out. Again, it is important to note
that the land use intensity is cumulative, and cannot exceed 100%, i.e.: if multiple land
uses are chosen to be built, they should add to 100% - certain types of affordable
housing may be an exception. Note, the Institutional designation has several land uses
according to 1TE Trip Generation Manual 8th Edition, and are included in the table.
Safe Harbor Trip Generations
Proposed Mixed Use/Commercial Future Land Use Map Designation
Land Use
MC FLUM & MI Zoning
(Monroe Co. Comprehensive Plan)
Max. Allowed
(Based on 0.6 FAR Max.)
# of Potential Daily Trips
OTE Trip Gen.- 8* Edlifon)
Industrial (light)
1,291,118 s.f.
8,999
Commercial Fishing
49.4 acres
3"
Waterport / Marine Terminal
(utilized to represent maritime industry-
working waterfront type uses)
49.4 acres
589
Office
1,291,118 s.f.
14,745
Commercial Retail
(max of 5,000sf per parcel)
Approx. 652,080 s.f.
28,000
Residential
49 Units
326
Public
1,291,118 s.f.
36,048
Transient (Hotel)
481 Units
4,291
Institutional
Elementary School
1,291,118 s.f.
19,922
Middle/Jr. High School
1,291,118 s.f.
18,126
High School
1,291,118 s.f.
16,643
Jr./Community College
1,291,118 s.f.
35,493
Church
1,291,118 s.f.
11,762
Day Care Center
1,291,118 s.f.
102,334
Cemetery
1,291,118 s.f.
352
Library
1,291,118 s.f.
72,612
Hospital*
1,291,118 s.f.
21,303
- Not an Institutional Land use according to RE Trips Generation Manual r Edition.
Following is a comparison of the existing and proposed uses within the FLUM
designations and the associated potential change in trips.
Trip Generation Comparison -Industrial FLUM Amendment to Safe Harbor Marina in Stock Island
Page 5
URSNovember5
I, 2012
Industrial FLUM
Mixed Use/
Max. Allowed
# of Potential
Daily Trips
potential change
(MI zoning)
Commercial FLUM
(Based aeon
(ITE Trip Gen: �"
based upon FLUM
(MI zoning)
0.6 FAR)
Edition)
amendment
Industrial (light)
Industrial (light)
1,291,118 s.f.
8,999
No change
Industrial (heavy)
NIA
1,291,118 s.f.
1,937
NIA
Commercial
Commercial Fishing
49.4 acres
344
No change
Fishing
Office
Commercial - Office
1,291,118 s.f.
14,745
No change
Manufacturing
Waterport / Marine
49.4 acres
589
Decrease of 4,343
Terminal
Residential
Residential
49 Units
326
No change
Public
Public
1,291,118 s.f.
36,048
No change
Commercial
Commercial
Approx.
28,000
No change
- Retail
- Retail
652,080 s.f.
NIA
Transient - Hotel
481 Units
4,291
Increase of 4,291
Varies
Minimum of 352
Institutional
Institutional
1,291,118 s.f.
for Cemetery &
No Change
Maximum of
102,334 for Day
Care Centers
A MMM.1Al1—Canry1201V7•.n.W4mb0AW 0.$ela4p xF1VAk—r4,W FINAL M1211010ocx
Exhibit 6
AICUZ AND LAND USE COMPATIBILITY GUIDELINES
APZ 11 is an area beyond APZ I and it has a measurable potential for aircraft accidents relative to APZ I
or the Clear Zone. APZ 11 areas can exist in conjunction with Noise Zones 1, 2, or 3. These
combinations of noise and accident potential are shown as II-3 (APZ 11-Noise Zone 3) for the areas of
highest noise exposure and measurable accident potential, 11-2 (APZ 11-Noise Zone 2) for areas of
moderate noise exposure and measurable accident potential, and 11-1 (APZ 11-Noise Zone 1) for areas of
measurable accident potential and low noise exposure. These areas have potential for accidents and noise
impacts and land use controls are recommended.
Noise zones vary in intensity of noise exposure and are shown as 1, 2, and 3 in the table. Noise Zone 1
(less than 65 DNL) is an area of low impact where some land use controls may be needed, Noise Zone 2
(DNL 65-75) is an area of moderate impact where some land use controls are needed, and Noise Zone 3
(DNL 75 and above) is the most severely impacted area and requires the greatest degree of land use
controls for noise exposure.
6.2 Suggested Land Use Compatibility within AICUZ Area
The Navy has developed land use compatibility recommendations for the APZs and noise zones as shown
in Tables 6-2 and 6-3. These recommendations are intended to serve as guidelines, but final decisions as
to specific land use controls to be enacted into zoning regulations are made by the local community.
Noise sensitive uses including, but not limited to housing, schools, hospitals, churches, etc., are
recommended to be placed outside of high noise areas. People intensive uses including, but not limited to
such uses as shopping malls, theaters, and activities that would draw concentrations of people to an area,
should be placed outside APZs. The purpose of the land use recommendations is not to preclude
productive use of the land around Naval air facilities, but to recommend compatible future use of the land
that is protective to human health, safety, and welfare.
Certain land uses are not recommended in very high noise areas and/or the APZs. Other land uses are
considered compatible under certain conditions. For example, recreational uses, such as parks, are
compatible under APZ 1, under the condition that the recreational use does not include a high density of
people (e.g. spectator sports). Compatibility is a relative term and should be considered by local
governments along with specific local land use development criteria.
The guidelines for suggested land use listed in Tables 6-2 and 6-3 are nationwide in scope. Since many
air installations are in urban areas, these guidelines assume an urban environment with higher levels of
ambient "background" noise that might exist in rural and suburban areas. These compatibility guidelines
are, therefore, sometimes modified at the local government level to address a specific local noise
environment. As noted previously in this report, the area from DNL 55 to 65 is an area where people can
also sometimes be annoyed by aircraft overflight. Planners should consider this zone a buffer zone that
may be impacted by higher noise levels if operations increase in the future.
The AICUZ footprint for this study includes the area from DNL 60 to 65 and recommendations are made
for (1) fair disclosure statements regarding the noise levels to prospective owners and occupants and (2)
site design and construction considerations to reduce the noise impact in residential areas in light of the
life style in the Florida Keys. Design provisions such as berms can reduce the effect of sound traveling
across the water. While many standard housing construction techniques provide some levels of sound
attenuation, design considerations incorporating additional sound reduction in construction in this area
can also help reduce energy consumption and should be considered. In the area from DNL 55 to 60, fair
disclosure to occupants could also be considered in recognition of future unknowns.
6-2 NAS Key West AICUZ Update
AICUTAND LAND USE COMPATIMLITYGUIDELINO
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AICUZ AND LAND USE COMPATIBILITY GUIDELINES
Table 6-2 Suggested Land Use Compatibility in Noise Zones
Land Use
Suggested Land Use Compatibility
Noise Zone 1
DNL or CNEL
Noise Zone 2
DNL or CNEL
Noise Zone 3
DNL or CNEL
SLUCM
NO
LAND USE NAME
< 55
55- 64
65 - 69
70 -74
75- 79
80 -84
85+
Residential
11
Household Units
Y
Y
N
N
N
N
N
11.11
Single units: detached
Y
Y
__NT
N
N
N
N
11.12
Single units: semidetached
Y
Y
N
N
N
N
N
11.13
Single units: attached row
Y
Y
N
N
N
N
N
11.21
Two units: side -by -side
Y
Y
N
N
N
N
N
11.22
Two units: one above the other
Y
Y
__N_T
N
N
N
N
11.31
Apartments: walk-up
Y
Y
__NT
N
N
N
N
11.32
Apartment: elevator
Y
Y
N
N
N
N
N
12
Croup quarters
Y
Y
N
N
N
N
N
13
Residential Hotels
Y
Y
N
N
N
N
N
14
Mobile home parks or courts
Y
Y
N
N
N
N
N
15
Transient lodgings
Y
Y
N
N
N
N
N
16
Other residential
Y
Y
N
N
N
N
N
20
Manufacturing
21
Food & kindred products;
manufacturing
Y
Y
Y
Y
Y
Y
N
22
Textile mill products;
manufacturing
Y
Y
Y
Y
Y
YT
N
23
Apparel and other finished
products; products made from
fabrics, leather and similar
materials; manufacturing
Y
Y
Y
Y
Y'
Y
N
24
Lumber and wood products
(except furniture); manufacturing
Y
Y
Y
Y
Y
Y
N
25
Furniture and fixtures;
manufacturing
Y
Y
Y
Y
Y
Y
N
26
Paper and allied products:
manufacturing
Y
Y
Y
Y
Y
Y
N
27
Printing, publishing, and allied
industries
Y
Y
Y
Y
YT.
N
28
Chemicals and allied products;
manufacturing
Y
Y
Y
Y
Y
Y
N
29
Petroleum refining and related
industries
Y
Y
Y
Y
Y
Y
N
(Continued Next Page)
NAS Key West AICUZ Update 6.4
AICUZ AND LAND USE COMPATIBILITY GUIDELINES
Table 6-2 Suggested Land Use Compatibility in Noise Zones (Continued)
Land Use
Suggested Land Use Compatibility
Noise Zone 1
( DNL or CNEL)
Noise Zone 2
( DNL or CNEL)
Noise Zone 3
(DNL or CNEL)
SLUCM
NO
LAND USE NAME
< 55
55- 64
65 - 69
70 74
75- T9
$0 84
85+
30
Marro actuUn condnae
31
Rubber and misc. plastic
products; manufacturin
Y
X
Y
Y
YT
Y
N
32
Stone, clay and glass products;
manufacturing
Y
Y
Y
Y
Y
--y—T
N
33
Primary metal products;
manufacturing
Y
Y
X
Y
Y
Y
N
34
Fabricated metal products-
manufacturing
Y
Y
Y
Y
Y
Y
N
35
Professional scientific, and
controlling instruments;
photographic and optical goods,
watches and clocks
Y
Y
Y
25
30
N
N
39
Miscellaneous manufacturing
Y
Y
Y
Y
Y
X
N
40
Transportation, conmwnfcadon and utilities.
41
Railroad, rapid rail transit, and
street railway transportation
Y
Y
Y
Y
Y
Y
N
42
Motor vehicle trans nation
Y
Y
Y
Y
Y
Y
N
43
Aircraft transportation
Y
Y
X
Y
Y
Y
N
44
Marine craft nation
Y
Y
Y
Y
Y
Y
N
45
Highway and street right -of way
Y
Y
X
Y
Y
Y
N
46
Automobile parking
Y
y
y
Y
Y
Y
N
47
Communication
Y
Y
Y
25
30
N
N
48
Utilities
Y
X
Y
Y
Y
Y
N
49
Other transportation
communication and utilities
Y
Y
Y
25
305
N
N
So
Trade
51
Wholesale trade
Y
Y
Y
X
Y
Y
N
52
Retail trade building materials
hardware and fazm equipment
Y
Y
Y
Y
Y
Y
N
53
Retail trade- shopping centers
Y
Y
Y
25
30
N
N
54
Retail trade - food
Y
Y
Y
25
30
N
N
(Continued Next Page)
6-5 NAS Key West AICUZ Update
AICUZ AND LAND USE COMPATIBILITY GUIDELINES
Table 6-2 Suggested Land Use Compatibility in Noise Zones (Continued)
Land Use
Suggested Land Use Compatibility
Noise Zone 1
DNL or CNEL
Noise Zone 2
DNL or CNEL
Noise Zone 3
DNL or CNEL
SLUCM
NO
LAND USE NAME
c 55
55- 64
65 - 69
70 -74
75- 79
80 -84
85+
s0
Trade Continuo
55
Retail trade - automotive marine
craft, aircraft and accessories
Y
Y
Y
25
30
N
N
56
Retail trade - apparel and
accessories
Y
Y
Y
25
30
N
N
57
Retail trade furniture, home,
furnishings and equipment
Y
Y
Y
25
30
N
N
58
Retail trade - eating and drinking
establishments
Y
Y
Y
25
30
N
N
59
1 Other retail trade
Y
Y
Y
1 25
30
N
N
60
1 Services
61
Finance, Insurance and real estate
services
Y
Y
Y
25
30
N
N
62
Personal services
Y
Y
Y
25
30
N
N
62.4
Cemeteries
Y
Y
Y
Y
Y
Y
Y
63
Business services
Y
Y
Y
25
30
N
N
63.7
Warehousing and story e
Y
Y
Y
Y
Y
Y
N
64
1 Repair Services
Y
Y
Y
Y
Y
Y
N
65
Professional services
Y
Y
Y
25
30
N
N
65.1
Hospitals, other medical fac
Y
Y
25
30
N
N
N
65.16
Nursing Homes
Y
Y
N T
N
N
N
N
66
Contract construction services
Y
Y
Y
25
30
N
N
67
Goverment Services
Y
Y
Y 1
25
30
N
N
68
Educational services I
Y
I Y
25
30
N
N
N
6
Miscellaneous 1
1
25
30
N
N
70
Cultural entertainment and recreational
71
Cultural activities churches
25
30
N
N
N
71.2
Nature exhibits
N
N
N
N
72
Public assembly
N
N
N
N
72.1
Auditoriums concert halls
25
30
N
N
N
72.11
Outdoor music shells,
amphitheaters
N
N
N
N
N
72.2
Outdoor sports arenas, spectator
sports
N
N
N
73
Amusements
N
N
N
7
ecreational activities (include golf
courses riding stables water rec
25
30
N
N
75
eports and groue cams
N
N
N
76
Parks
N
N
N
7
Other cultural. entertainment and
recreation
N
N
N
(Concluded Next Page)
NAS Key West AICUZ Update 6-6
AICUZ AND LAND USE COMPATIBILITY GUIDELINES
Table 6-2 Suggested Land Use Compatibility in Noise Zones (Concluded)
Land Use
Suggested Land Use Compatibility
Noise Zone 1
DNL or CNEL
Noise Zone 2
DNL or CNEL
Noise Zone 3
DNL or CNEL
SLUCM
NO
LAND USE NAME
< 5T
64
65 - 69
70 -74
75- 79
80 -84
85+
d0
Resource Production and Extraction
Agriculture (except live stock
1 5
1 Livestock farming
N
N
N
17
Animal breeding
N
N
I N
2
Agriculture related activities
3
Forestry Activities
Fishing Activities
5
Mining Activities
Other resource production or
extraction
Key:
SLUCM Standard Land Use Coding Manual, U S Department of Transportation
( es) Land Use and related structures compatible without restrictions.
N (No) Land Use and related structures are not compatible and should be prohibited.
( es with estrictions) The land use and related structures are generally compatible owever, see note(s) indicated by the superscript
N" (No with xceptions) The land use and related structures are generally incompatible owever, see notes indicated by the superscript
NL (Noise Level eduction) Noise Level eduction (outdoor to indoor) to be achieved through incorporation of noise attenuation into
the design and construction of the structure
25, 30, or 35 The numbers refer to Noise Level eduction levels Land Use and related structures generally compatible however,
measures to achieve NL of 25, 30 or 35 must be incorporated into design and construction of structures owever, measures to achieve an
overall noise reduction do not necessarily solve noise difficulties outside the structure and additional evaluation is warranted Also, see notes
indicated by superscripts where they appear with one of these numbers
DNL Day Night Average Sound Level.
CN L CommunityNoise quivalent Level (Normally within a very small decibel difference of DNL)
Ldn Mathematical symbol for DNL
Notes:
a) Although local conditions regarding the need for housing may require residential use in these Zones, residential use is discouraged in
DNL 65-6 and strongly discouraged in DNL 70-7 The absence of viable a:ternative development options should be determined and an
evaluation should be conducted locally prior to local approvals indicating that a demonstrated community need for the residential use would
not be met if development were prohibited in these Zones
b) Where the community determines that these uses must be allowed, measures to achieve and outdoor to indoor Noise Level eduction
(NL ) of at least 25 dB in DNL 65-6 and NL of 30 dB in DNL 70-7 should be incorporated into building codes and be in individual
approvals for transient housing a NL of at least 35 dB should be incorporated in DNL 75-7
c) Normal permanent construction can be expected to provide a NL of 20 dB, thus the reduction requirements are often stated as 5, 10 or
15 dB over standard construction and normally assume mechanical ventilation. upgraded Sound Transmission Class (STC) ratings in
windows and doors and closed windows year round Additional consideration should be given to modifying NL levels based on peak noise
levels or vibrations
d) NL criteria will not eliminate outdoor noise problems owever, building location and site planning, design and use of berms and
barriers can help mitigate outdoor noise exposure NL particularly from ground level sources. Measures that reduce noise at a site should
be used wherever practical in preference to measures that only protect interior spaces.
6-7 NAS Key West AICUZ Update
AICUZ AND LAND USE COMPATIBILITY GUIDELINES
Notes (Continued):
2. Measures to achieve NL of 25 must be incorporated into the design and construction of portions of these buildings where the public is
received, office areas, noise sensitive areas or where the normal noise level is low.
3. Measures to achieve NL of 30 must be incorporated into the design and construction of portions of these buildings where the public is
received, office areas, noise sensitive areas or where the normal noise level is low.
. Measures to achieve NL of 35 must be incorporated into the design and construction of portions of these buildings where the public is
received, office areas, noise sensitive areas or where the normal noise level is low.
5. If project or proposed development is noise sensitive, use indicated NL if not, land use is compatible without NL
6. No buildings.
7. Land use compatible provided special sound reinforcement systems are installed.
esidential buildings require a NL of 25
esidential buildings require a NL of 30.
10, esidential buildings not permitted.
11. Land use not recommended, but if community decides use is necessary, hearing protection devices should be worn.
Source:
OPNAVINST 11010.3613, 2002
NAS Key West AICUZ Update s-a
Comwdssioaer Neugent
RESOLUTION NO 221 - 2012
A RESOLUTION OF THE BOARD OF COUNTY
COMIVIISSIONERS OF MONROE COUNTY, FLORIDA
SUPPORTING LEGISLATION TO EXCLUDE SAFE
HARBOR ENTERPRISES, INC. AND ROBBIE'S SAFE
HARBOR MARINE ENTERPRISES, INC. FROM THE
COASTAL BARRIER RESOURCES SYSTEM
WHEREAS, Robbie's Safe Harbor Marine Enterprises, Inc. (Monroe County Real Estate
Parcel ID Number 00123660-000000) and Safe Harbor Enterprises, Inc. (Monroe County Real
Estate Parcel ID Number 00123720-000400) have been included by the Federal Government in
its Coastal Barrier Resource System ("System") which prohibits development in high coastal
flood areas; and
WHEREAS, the System was not intended to include properties that had already been
developed; and
WHEREAS, Robbie's Safe Harbor Marine Enterprises, Inc. and Safe Harbor
Enterprises, Inc. were fully developed, as that term is defined in the Coastal Barrier Resource
Act, 16 U.S.C.A. §§ 3501, et seq., as an operational marina and auto salvage yard, respectfully,
prior to the effective date of the Coastal Barrier Resources Act ("CBRA"), on October 18, 1982,
and their inclusion in the System on November 16, 1990; and
WHEREAS, the Monroe County Board of County Commissioners has previously
recognized Robbie's Safe Harbor Enterprises, Inc.'s inclusion in the Coastal Barrier Resource
System was in error and supported legislation removing it from the System pursuant to Monroe
County's Resolution 004-1992; and
WHEREAS, Monroe County has recognized the importance of Safe Harbor's use as a
port and its development as a port and included in its Comprehensive Plan Policy 502.1.5 which
states "Monroe County shall support a proposal to amend the Coastal Barrier Resources System
Map adopted by the Coastal Barrier Improvement Act of 1990, to delete the improved port
properly along the Safe Harbor entrance channel from the system, unit ST'; and
WHEREAS, Robbie's Safe Harbor Marine Enterprises, Inc. and Safe Harbor
Enterprises, Inc. have requested the County's support in its intent to obtain removal from the
Coastal Barrier Resource System;
Page 1 of 2
Res supporting leg excluding Safe Harbor Ent, Inc
and Robbie's Safe Harbor Marine Ent, Inc
from CBRS (Neugent BOCC 9/10/12)
Commissioner Neugent
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that it supports legislation to
remove Robbie's Safe Harbor Marine Enterprises, Inc. and Safe Harbor Enterprises, Inc. from
the Federal Coastal Barrier Resource System.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a special mtg, held on the 10thday of September , 2012.
- Mayor David Rice Yes --
Mayor Pro Tem Kim Wigington Yes
Commissioner Heather Carruthers Yes
Commissioner Sylvia Murphy Yes
Commissioner George Neugent yes
((SEAL)
ATTEST: Dapiq L. Kolhage, Clerk
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONRO Y DA
By:
Mayor David Rice
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Page 2 of 2
Res supporting leg excluding Safe Harbor Ent, Inc
and Robbie's Safe Harbor Marine Ent. Inc
from CBRS (Neugent BOCC 9/10/12)
BARTON W. SMITH, ESQ.
PRINCIPAL ATTORNEY
COUNSEL AT LAW
BARTON SMITH, P.L.
624 WHR[H[AC STRUT
KEY WEST, FLORIDA 33040
Tmm"owc. (305) 296-7227 • FAx (305) 296-8449
W W W.9ARTONSMITH PL. COM
VIA E-MAIL: santamaria-mayte@monroecounty-fl.gov
Ms. Mayte Santamaria
Monroe County Planning Department
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
Exhibit 9
PATRICK M. FLANIGAN, ESQ.
ASSOCIATE ATTORNEY
GREGORY S. OROPaZA, ESQ.
ASSOCIATE ATTORNEY
.July 16, 2012
Re: Safe Harbor Property Owner's Association, Inc.
FLUM Amendment
KW Resort Utilities Corp. Abandonment Contingencies
Dear Ms. Santamaria,
Pursuant to our conversation, this letter is intended to respond to and
answer questions regarding KW Resort Utilities Corp.'s ("KWRU") status as one
of the applicants included as part of Safe Harbor Property Owner's Association,
Inc.'s ("Association") FLUM amendment application submitted on behalf of all
members of the Association whom are situated around Safe Harbor.
As a background, you have inquired as to what would occur in a
circumstance wherein KWRU, as a public utility which serves the Stock Island
area, determined it no longer desired to use its property for utility purposes or
desired to cease utility operations.
First and foremost, KWRU has no intention in the foreseeable future to
cease operations or use its property for any other intended purpose but as a
public utility. In fact, KWRU is in the process of expanding its territory and
facilities. KWRU intends to service the customers of Stock Island and other
islands of the Lower Florida Keys for the foreseeable future.
As you are aware, KWRU is a public utility regulated by the Florida Public
Service Commission ("PSC"). See Fla. Stat. § 366.01, et seq. As a public utility,
KWRU's monopoly power to service an area without competition is derived from
the State of Florida under its power of sovereign immunity, which protects KWRU
from violation of the Sherman Anti -Trust Act and Chapter 542, Florida Statutes.
In order to preserve this protection afforded under sovereign immunity and not
violate anti-trust laws, KWRU must be strictly regulated by the State of Florida
through the State's police power. Without the State's oversight, KWRU's tariff
and monopoly violates state and federal antitrust laws and its tariff would be void
on its face.
The State has delegated its police power to regulate utilities to the PSC,
which is tasked with regulating and setting rates for public utilities.
Consequently, KWRU's operations, both day to day, and overall are strictly
regulated by the PSC, including KWRU's ability to operate or cease operations.
Title 25 of the Florida Administrative Code ("Code") outlines the authority
and responsibility of the PSC as it pertains to public utilities. See Fla. Admin.
Code Chapter 25 et seq. Pursuant to Fla. Admin. Code 25-30.011, the PSC has
the sole jurisdiction in the regulation of wastewater systems. The Code's
provisions are specifically intended to promote adequate and efficient service
and establish the rights of both the utility and customers, including the right to
reliable service. See Fla. Admin. Code 25-30.011. if a public utility fails to
comply with the PSC, the PSC can fine a public utility up to $5,000.00 per day for
a continued violation. See Fla. Stat. §350.127.
In order to operate a public utility, a public utility must own the land upon
which it is situated or provide proof to the PSC of a ninety-nine year lease. See
Fla. Admin. Code 25-30-.0330).' Thus, so long as KWRU desires to operate a
public utility it will be required to own the land it is situated upon and be subject to
PSC regulation.
If KWRU desired to sell its assets, including the land, or alternatively, to sell
its assets and not sell the land, the PSC is required to approve any such sale to
ensure continued service to the utilities' customers. See Fla. Admin. Code 25-
30.037. In the case where a utility desires to abandon its operations, the PSC
must approve the abandonment plan including the appointment of a receiver as
successor in interest to guarantee service to the customers. See Fla. Admin.
Code 25-30.090. Fla. Admin. Code 25-30.090 is intended to prevent service
interruptions and requires a succession plan including providing the name of a
receiver or successor entity. According to the PSC this rarely occurs, and where
it has, a governmental entity such as Monroe County or other public utility will be
appointed to take over operations from the utility that has notified the PSC of its
intent to abandon its operations. Nonetheless, in any situation that would have
KWRU not operating as the provider of wastewater services under no
circumstances would any customer be affected.
It should also be noted that to construct or purchase a public utility, the purchasing entity must
provide evidence of financial solvency significant enough to ensure that operations shall continue
under any conditions. See Fla. Admin. Code 25-30-.033
I•A
In conclusion and to summarize, KWRU has no intention to cease
operations and is intending to serve the community for years to come, but should
KWRU's assets be sold or abandoned, contingencies are in place, as
promulgated by the PSC through the Florida Administrative Code, to deal with
such circumstances. I have included with this memorandum all relevant statutes
and codes for your review. Please feel free to contact me with any questions.
Thank you again for your assistance in these matters.
Sincerely,
TZ. Smith, Esq.
BWS
Electronic Cc: Client
25-30.011. Application and Scope., 25 FL ADC 25-30.011
West's Florida Administrative Code
Title 25. Public Service Commission
Chapter 25-3o. Water and Wastewater Utility Rules
Part I. General Provisions
Rule 25-30.011, F.A.C.
Fla. Admin. Code r. 25-30.011
25-3o•oii. Application and Scope.
Currentness
(1) These rules and regulations shall, as appropriate, apply to all water systems and/or wastewater systems which are now, or
may hereafter be, subject to the jurisdiction of the Florida Public Service Commission. They are intended to define and
promote good utility practices, adequate and efficient service to the public at reasonable cost, and to establish the rights and
responsibilities of both the utility and the customer.
(2) No deviation from these rules shall be permitted unless authorized in writing by the Commission.
(3) It is not intended that any rule or regulation contained herein shall supersede or conflict with an applicable regulation of
the Department of Health and Rehabilitative Services (DHRS) or the Department of Environmental Protection (DEP).
Compliance by a utility with the regulations of the DHRS or DEP on a particular subject matter shall constitute compliance
with such of these rules as relate to the same subject matter except as otherwise ordered by the Commission.
(4) The adoption of these rules shall not in any way relieve any utility from any of its duties under the laws of this State.
Credits
Amended Sept. 12, 1974; Transferred from 25-10.14,25-10.014; Amended Nov. 10, 1986, Jan. 31, 2000.
AUTHORITY: 367.121 FS. Law Implemented 367.121(1) FS.
Current with rules included in the June 22, 2012 issue of the Florida Administrative Weekly.
Rule 25-30.011, F.A.C., 25 FL ADC 25-30.011
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25-30.033. Application for Original Certitteate of Authorization..., 25 Ft ADC 25-30.033
West's Florida Administrative Code
Title 25. Public Service Commission
Chapter 25-30. Water and Wastewater Utility Rules
Part I. General Provisions
Rule 25-30.o33, F.A.C.
Fla. Admin. Code r. 25-30.033
25-30.033. Application for Original Certificate of Authorization and Initial Rates and Charges.
Currentness
(1) Each application for an original certificate of authorization and initial rates and charges sball provide the following
information:
(a) The applicant's name and address;
(b) The nature of the applicant's business organization, i.e., corporation, partnership, limited partnership, sole
proprietorship, association, etc.;
(c) The name(s) and address(es) of all corporate officers, directors, partners, or any other person(s) or entities owning an
interest in the applicant's business organization;
(d) Whether the applicant has made an election under Internal Revenue Code § 1362 to be an S corporation;
(e) A statement showing the financial and technical ability of the applicant to provide service, and the need for service in
the proposed area. The statement shall identify any other utilities within the area proposed to be served that could
potentially provide service, and the steps the applicant took to ascertain whether such other service is available;
(f) A statement that to the best of the applicant's knowledge, the provision of service will be consistent with the water and
wastewater sections of the local comprehensive plan as approved by the Department of Community Affairs at the time the
application is filed, or, if not consistent, a statement demonstrating why granting the certificate of authorization would be
in the public interest;
(g) The date applicant plans to begin serving customers;
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25-30.033. Application for Original Certificate of Authorization..., 25 FL ADC 25-30.033
(h) The number of equivalent residential connections (ERCs) proposed to be served, by meter size and customer class. if
development will be in phases, separate this information by phase;
(i) A description of the types of customers anticipated, i.e., single family homes, mobile homes, duplexes, golf course
clubhouse, commercial, etc.;
0) Evidence, in the form of a warranty deed, that the utility owns the land upon which the utility treatment facilities are or
will be located, or a copy of an agreement which provides for the continued use of the land, such as a 99-year lease. The
Commission may consider a written easement or other cost-effective alternative. The applicant may submit a contract for
the purchase and sale of land with an unexecuted copy of the warranty deed, provided the applicant files an executed and
recorded copy of the deed, or executed copy of the lease, within 30 days after the order granting the certificate;
(k) One original and two copies of a sample tariff, containing all rates, classifications, charges, rules, and regulations,
which shall be consistent with Chapter 25-9, F.A.C. Model tariffs are available from the Division of Economic Regulation,
2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850;
(1) A description of the territory to be served, using township, range and section references as specified in subsection
25-30.030(2), F.A.C.;
(m) One copy of a detailed system map showing the proposed lines, treatment facilities and the territory proposed to be
served. The map shall be of sufficient scale and detail to enable correlation with the description of the territory proposed to
be served;
(n) One copy of the official county tax assessment map, or other map showing township, range, and section with a scale
such as 1" = 200' or 1" = 400' with the proposed territory plotted thereon by use of metes and bounds or quarter sections,
and with a defined reference point of beginning;
(o) A statement regarding the separate capacities of the proposed lines and treatment facilities in terms of ERCs and
gallons per day. if development will be in phases, separate this information by phase;
(p) A written description of the type of water treatment, wastewater treatment, and method of effluent disposal;
(q) If paragraph (p) above does not include effluent disposal by means of reuse, a statement that describes with
particularity the reasons for not using reuse;
(r) A detailed financial statement (balance sheet and income statement), certified if available, of the financial condition of
the applicant, that shows all assets and liabilities of every kind and character. The income statement shall be for the
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25-30.033. Application for Original Certificate of Authorization..., 25 FL ADC 25-30.033
preceding calendar or fiscal year. If an applicant has not operated for a full year, then the income statement shall be for the
lesser period. The financial statement shall be prepared in accordance with Rule 25-30.115, F.A.C. If available, a statement
of the source and application of funds shall also be provided;
(s) A list of all entities, including affiliates, upon which the applicant is relying to provide funding to the utility, and an
explanation of the manner and amount of such funding, which shall include their financial statements and copies of any
financial agreements with the utility. This requirement shall not apply to any person or entity holding less then 10 percent
ownership interest in the utility;
(t) A cost study including customer growth projections supporting the proposed rates, charges and service availability
charges. A sample cost study, and assistance in preparing initial rates and charges, are available from the Division of
Economic Regulation;
(u) A schedule showing the projected cost of the proposed system(s) by uniform system of accounts (USDA) account
numbers pursuant to Rule 25-30.115, F.A.C., and the related capacity of each system in ERCs and gallons per day. If the
utility will be built in phases, this shall apply to the first phase;
(v) A schedule showing the projected operating expenses of the proposed system by USOA account numbers, when 80
percent of the designed capacity of the system is being utilized. If the utility will be built in phases, this shall apply to the
first phase; and
(w) A schedule showing the projected capital structure including the methods of financing the construction and operation
of the utility until the utility reaches 80 percent of the design capacity of the system.
(2) The base facility and usage rate structure (as defined in subsection 25-30.437(6), F.A.C.) shall be utilized for metered
service, unless an alternative rate structure is supported by the applicant and authorized by the Commission.
(3) A return on common equity shall be established using the current equity leverage formula established by order of this
Commission pursuant to Section 367.08](4), F.S., unless there is competent substantial evidence supporting the use of a
different return on common equity.
(4) Utilities obtaining initial certificates pursuant to this rule are authorized to socrue allowance for funds used during
construction (AFUDC) for projects found eligible pursuant to subsection 25-30.116(11 F.A.C.
(a) The applicable AFUDC rate shall be determined as the utility's projected weighted cost of capital as demonstrated in its
application for original certificate and initial rates and charges.
(b) A discounted monthly AFUDC rate calculated in accordance with subsection 25-30.116(3), F.A.C., shall be used to
ensure that the annual AFUDC charged does not exceed authorized levels.
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(c) The date the utility sha11 begin to charge the AFUDC rate shall be the date the certificate of authorization is issued to
the utility so that such rate can apply to the initial construction of the utility facilities.
Credits
Adopted Jan. 27,1991; Amended Nov. 30,1993.
AUTHORITY: 350.127(2), 367.045(1), 367.121, 367.1213 FS. Law Implemented 367.031, 367.045, 367.1213 FS.
Current with rules included in the June 22, 2012 issue of the Florida Administrative Weekly.
Rule 25-30.033, F.A.C., 25 FL ADC 25-30.033
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25-30.090. Abandonments., 25 FL ADC 25-30.090
West's Florida Administrative Code
Title 25. Public Service Commission
Chapter 25-30. Water and Wastewater Utility Rules
Part 1. General Provisions
Rule 25-30.090, F.A.C.
Fla. Admin. Code r. 25-30.090
25-3O.ogo. Abandonments.
Currentness
(1) This rule applies to any person, lessee, trustee, or receiver owning, operating, managing, or controlling a utility winch
intends to abandon the utility. The provisions of this rule are intended to prevent service interruptions to the utility
customers.
(2) The notice required by Section 367.165, F.S., shall include the following:
(a) The utility's name and address;
(b) The person to contact regarding this notice, their address and telephone number,
(c) The location of the utility's books and records;
(d) The date of the notice;
(e) The date the utility will be abandoned;
(f) Whether the water system, wastewater system, or both are to be abandoned;
(g) A statement of the reason the utility is to be abandoned;
(h) A statement of the status of the utility with the Department of Environmental Protection regarding outstanding
citations or violations.
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(3) Within 10 days of the appointment of a receiver by the circuit court, the receiver shall request from the Commission a
copy of the utility's tariff and most recent annual report.
(4) Within 90 days of the appointment of the receiver, the receiver shall file a proposed tariff revision amending the title page
to reflect the name, address and telephone number of the receiver. This shall not affect the certificated name of the utility.
(5) During the pendency of the receivership, the receiver shall be responsible for fulfilling the utility's obligations pursuant
to Chapter 367, F.S., and Chapter 25-30, F.A.C. In no event shall a receiver be held responsible for failure to provide safe,
efficient and sufficient service where such failure is substantially caused by actions or omissions pre -dating appointment of
the receiver, unless the receiver is given reasonable opportunity to rectify such failure.
(6) If the receiver appointed by the circuit court is a governmental authority as defined by Section 367.021(7), F.S., the
governmental authority, upon request, shall be found exempt pursuant to Section 367.022(2), F.S.
Credits
Adopted Nov. 30, 1993.
AUTHORITY: 350.127(2), 367.121 FS. Law Implemented 367.121, 367.165 FS.
Current with rules included in the June 22, 2012 issue of the Florida Administrative Weekly.
Rule 25-30.090, F.A.C., 25 FL ADC 25-30.090
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25-30.037. Application for Authority to Transfer., 25 FL ADC 25-30.037
West's Florida Administrative Code
Title 25. Public Service Commission
Chapter 25-3o. Water and Wastewater Utility Rules
Part 1. General Provisions
Rule 25-30.087, FAC.
Fla. Admin. Code r. 25-3o.o37
25-3o.o37. Application for Authority to Transfer.
Currentness
(1) This rule applies to any application for the transfer of an existing water or wastewater system, regardless of whether
service is currently being provided. This rule does not apply where the transfer is of an exempt or non -jurisdictional system
and will result in the system continuing to be exempt from or not subject to Commission jurisdiction. The application for
transfer may result in the transfer of the seller's existing certificate, amendment of the buyer's certificate or granting an initial
certificate to the buyer.
(2) Each application for transfer of certificate of authorization, facilities or any portion thereof, to a non governmental entity
shall include the following information:
(a) The complete name and address of the seller,
(b) The complete name and address of the buyer,
(c) The nature of the buyer's business organization, i.e., corporation, partnership, limited partnership, sole proprietorship,
or association;
(d) The name(s) and addresses) of all of the buyer's corporate officers, directors, partners or any other person(s) who will
own an interest in the utility,
(e) The date and state of incorporation or organization of the buyer;
(f) The names and locations of any other water or wastewater utilities owned by the buyer;
(g) A copy of the contract for sale and all auxiliary or supplemental agreements, which shall include, if applicable.
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1. Purchase price and terms of payment;
2. A list of and the dollar amount of the assets purchased and liabilities assumed or not assumed, including those of
nonregulated operations or entities; and
3. A description of all consideration between the parties, for example, promised salaries, retainer fees, stock, stock
options, assumption of obligations.
(h) The contract for sale shall also provide for the disposition, where applicable, of the following.
1. Customer deposits and interest thereon;
2. Any guaranteed revenue contracts;
3. Developer agreements;
4. Customer advances;
5. Debt of the utility,
6. Leases;
(i) A statement describing the financing of the purchase;
0) A statement indicating how the transfer is in the public interest, including a summary of the buyer's experience in water
or wastewater utility operations, a showing of the buyer's financial ability to provide service, and a statement that the
buyer will fiilfdl the commitments, obligations and representations of the seller with regard to utility matters;
(k) A list of all entities upon which the applicant is relying to provide funding to the buyer, and an explanation of the
mariner and amount of such funding, which shall include their financial statements and copies of any financial agreements
with the utility. This requirement shall not apply to any person or entity holding less than 10 percent ownership interest in
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25-30.037. Application for Authority to Transfer., 25 FL ADC 25-30.037
the utility;
0) The proposed net book value of the system as of the date of the proposed transfer. If rate base has been established by
this Commission, state the order number and date issued and identify all adjustments made to update this rate base to the
date of transfer;
(m) A statement setting out the reasons for the inclusion of an acquisition adjustment, if one is requested;
(n) If the books and records of the seller are not available for inspection by the Commission or are not adequate for
purposes of establishing the net book value of the system, a statement by the buyer that a good faith, extensive effort has
been made to obtain such books and records for inspection by the Commission and detailing the steps taken to obtain the
books and records;
(o) A statement from the buyer that it has obtained or will obtain copies of all of the federal income tax returns of the seller
from the date the utility was first established, or rate base was last established by the Commission or, if the tax returns have
not been obtained, a statement from the buyer detailing the steps taken to obtain the returns;
(p) A statement from the buyer that after reasonable investigation, the system being acquired appears to be in satisfactory
condition and in compliance with all applicable standards set by the Department of Environmental Protection (DEP) or, if
the system is in need of repair or improvement, has any outstanding Notice of Violation of any standard set by the DEP or
any outstanding consent orders with the DEP, the buyer shall provide a list of the improvements and repairs needed and the
approximate cost to make them, a list of the action taken by the utility with regard to the violation, a copy of the Notice of
Violation(s), a copy of the consent order and a list of the improvements and repairs consented to and the approximate cost
to make them;
(q) Evidence that the utility owns the land upon which the utility treatment facilities are located, or a copy of an agreement
which provides for the continued use of the land, such as a 99-year lease. The Commission may consider a written
easement or other cost-effective alternative;
(r) A statement regarding the disposition of any outstanding regulatory assessment fees, fines, or refunds owed;
(s) The original and two copies of sample tariff sheets reflecting the change in ownership; and
(t) The utility's current certificate(s), or if not available, provide an explanation of the steps the applicant took to obtain the
certificate(s).
(3) In case of a change in majority organizational control, the application shall include the following information:
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(a) The complete name and address of the seller,
(b) The complete name and address of the buyer,
(c) The name(s) and address(es) of all of the buyer's corporate officers, directors, partners and any other person(s) who
will own an interest in the utility,
(d) The names and locations of any other water or wastewater utilities owned by the buyer;
(e) A statement describing the financing of the purchase;
(f) A statement describing how the transfer is in the public interest, including a summary of the buyer's experience in
water or wastewater utility operations, a showing of the buyer's financial ability to provide service, and a statement that
the buyer will fulfill the commitments, obligations and representations of the seller with regard to utility matters;
(g) A list of all entities, including affiliates, that have provided, or will provide, finding to the buyer, and an explanation of
the manner and amount of such funding, which shall include their financial statements and copies of any financial
agreements with the utility. This requirement shall not apply to any person or entity holding less than 10 percent ownership
interest in the utility,
(h) A statement from the buyer that after reasonable investigation, the system being acquired appears to be in satisfactory
condition and in compliance with all applicable standards set by the DEP or, if the system is in need of repair or
improvement, has any outstanding Notice of Violation(s) of any standard(s) set by the DEP or any outstanding consent
orders with the DEP, the buyer shall provide a list of the improvements and repairs needed and the approximate cost to
make them, a list of the action taken by the utility with regard to the violations, a copy of the Notice of Violation(s), a copy
of the consent order and a list of the improvements and repairs consented to and the approximate cost;
(i) Evidence that the utility owns the land upon which the utility treatment facilities are located, or a copy of an agreement
which provides for the continued use of the land, such as a 99-year lease. The Commission may consider a written
easement or other cost effective alternative;
0) The original and two copies of sample tariff sheets reflecting the change in ownership; and
(k) The utility's current certificate(s), or if not available, the applicant shall provide an explanation of the steps the
applicant took to obtain the certificate(s).
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(4) Each application for transfer of certificate of authorization, facilities, or any portion thereof, or majority organizational
control to a governmental authority shall contain the following information:
(a) The name and address of the utility and its authorized representative;
(b) The name of the governmental authority and the name and address of its authorized representative;
(c) A copy of the contract or other document transferring the utility system to the governmental authority,
(d) A list of any utility assets not transferred to the governmental authority if such remaining assets constitute a system
providing or proposing to provide water or wastewater service to the public for compensation;
(e) A statement that the governmental authority obtained, from the utility or Commission, the most recent available income
and expense statement, balance sheet, statement of rate base for regulatory purposes, and
contnbutions-in-aid-of-construction;
(f) The date on which the governmental authority proposes to take official action to acquire the utility;
(g) A statement describing the disposition of customer deposits and interest thereon; and
(h) A statement regarding the disposition of any outstanding regulatory assessment fees, fines or refunds owed.
(5) If a utility is transferring a portion of its facilities to a governmental agency, it must provide the following additional
information;
(a) A description of the remaining territory using township, range, and section references;
(b) One copy of the official county tax assessment map, or other map, showing township, range, and section with a scale
such as 1" = 200' or 1" = 400', with the remaining territory plotted thereon by use of metes and bounds or quarter sections,
and with a defined reference point of beginning; and
(c) The original and two copies of sample tariff sheets reflecting the remaining territory.
(6) Upon its receipt of items required in paragraphs (4)(a), (b), (c), (d), (e) and (f), the Commission will issue an order
Vk!e ttawNext C 2012 Thorw; cin Ri€-Liters No claim to of ictrnai tJ � t,overnme-t 1Vork: 5
25-30.037. Application for Authority to Transfer., 25 FL ADC 25-30.037
acknowledging that the facilities or any portion thereof have been acquired by the governmental authority.
(7) Upon receipt of the items required in paragraphs (4)(g) and (h) and, if applicable, (5)(a), (b), and (c), and upon the
completion of all pending proceedings before the Commission, the utility's certificate will be amended or cancelled.
Amendment or cancellation of the certificate shall not affect the utility's obligation pursuant to Rule 25-30.120, F.A.C.,
Regulatory Assessment Fees.
Credits
Adopted Jan. 27, 1991; Amended Nov. 30,1993.
AUTHORITY: 350.127(2), 367.121, 367.1213 FS. Law implemented 367.071, 367.1213 FS.
Current with rules included in the June 22, 2012 issue of the Florida Administrative Weekly.
Rule 25-30.037, F.A.C., 25 FL ADC 25-30.037
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WestlavvWxt (1) 2012 Thomson eLI4;$s No claim to onoinal U S Government Works, b
350.127. Penalties; rules; execution of contracts, FL ST § 350.127
West's Florida Statutes Annotated
Title XXVII. Railroads and tither Regulated Utilities (Chapters 350-368)
Chapter 35o. Florida Public Service Commission (Refs &Annos)
West's F.S.A. § 350.127
350.127. Penalties; rules; execution of contracts
L� .1. I I -
(1) The commission may impose upon any regulated company that is found to have refused to comply with or willfully
violated any lawful rule or order of the commission, or any statute administered by the commission, a penalty for each such
offense of not more than $5,000, to be fixed, imposed, and collected by the commission, or the commission may, for any
such violation, amend, suspend, or revoke any certificate issued by the commission. Each day that such refusal or violation
continues shall constitute a separate offense. Each penalty shall be alien upon the real and personal property of the regulated
company, enforceable by the commission as a statutory lien under chapter 85. The net proceeds from the enforcement of any
such lien shall be deposited in the General Revenue Fund.
(2) The commission is authorized to adopt, by affirmative vote of a majority of the commission, rules pursuant to ss.
120.536(1) and 120.54 to implement provisions of law conferring duties upon it.
(3) The commission may designate one or more employees to execute contracts on behalf of the commission.
Credits
Laws 1980, c. 80-289, § 3, eff. July 1, 1980. Amended by Laws 1998, c. 98-200, § 71, eff. July 1, 1998.
Notes of Decisions (3)
West's F. S. A. § 350.127, FL ST § 550.127
Current with Chapters in effect from the 2012 2012 1 homsmi Rcutas No claim to ongmal t S Govenmxni Wcvks
Second Regular Session and the Extraordinary
Apportionment Session of the Twenty -Second
Legislature through July 1, 2012End or Document
Wpstiar*ext V 2012 Thornton Reuters No claim io orginol U S. Government Works