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07/17/2013 Agreement
Prepared by: Office of Monroe County Attorney Natileene W. Cassel, Asst. County Attorney Phone: 305-292-3470 Email: cassel-nat@monroecounty-fl.gov Mailing Address P. O. Box 1026 Key West, FL 33041-1026 Physical Address 1111 12th Street Suite 408 Key West, FL 33040 And Barbara Mitchell, LEED AP Mitchell Planning and Design, Inc 15450 SE 103`d Place Road Ocklawaha, Florida 32179 Phone:352-288-0401 Email: mitchellplanningdesign@gmail.com Docp 1960066 12/04/2013 2:10PO Filed & Recorded in Official Records of MONROE COUNTY AMY NEAVILIN DocH 1960066 Bko 2661 Pgp 908 DEVELOPMENT AGREEMENT FOR HIGGS BEACH PARK 17 3 This AGREEMENT is made and entered as of this/i day of az , 2012, by and between the CITY COMMISSION OF THE CITY OF KEYWaT, FLORIDA, ("City"), a municipal corporation of the State of Florida, and the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY, FLORIDA, ("Developer" or "County"), a subdivision of the State of Florida. WITNESSETH: WHEREAS, the City Commission for the City of Key West and the Monroe County Board of County Commissioners recognize the following: A. This Agreement is entered into in accordance with the Florida Local Government Development Agreement Act, 163.3220-163.3243, Florida Statutes; and B. This Agreement is entered into in accordance with Florida Interlocal Cooperation Act, 163.01, Florida Statutes; and C. The Key West Code of Ordinances Sections 90-676 to 90-677 authorizes Development Agreements and establishes the procedures and requirements to enter into a development agreement with any person having a legal or equitable interest in real property located within its jurisdiction; and Page 1 of 14 Doen 1960066 Bko 2661 P90 909 D. Monroe County is the owner and developer of the property located at Higgs Beach, which is being used as a park located within the jurisdictional boundaries of the City of Key West, Florida; and E. Higgs Beach is recognized by both the County and City Comprehensive Plans; and F. On March 10, 2010, the County authorized the development of a Master Plan for Higgs Beach comprised of two phases. The first phase, development of a Master Plan, included a planning and design process to gather community and stakeholder input, acquired a new boundary survey, conducted a ground penetrating radar survey to locate impacted archeological resources and coordinated with staff of the City of Key West; and G. The Higgs Beach Master Plan was developed with significant community input over several months; the master planning process included multiple public meetings and several smaller neighborhood meetings with park stake holders conducted by the County. The local community group, known as the Friends of Higgs Beach, and the neighbors immediately adjacent to the park were active participants in the Master Planning process. Their concerns were considered and addressed to the greatest extent practicable. H. On January 19, 2011, the County approved the Higgs Beach Master Plan, Option F, and directed county staff to secure Major Development Plan approval from the City; and I. On July 1, 2011, Monroe County submitted an application for approval of a Major Development Plan which came before the City Planning Board, at a duly noticed public hearing, on October 20, 2011, whereupon the Planning Board granted Major Development Plan approval pursuant to Resolution #2011-059; and I On December 14, 2011, the County made a written request to enter into a Development Agreement with the City; and K. On January 3, 2012, the City Commission authorized the County to proceed with the creation of a Development Agreement for Higgs Beach: and L. On January 19, 2012, the County Commission agreed to submit to the City this Development Agreement; and M. The Key West City Commission and the Monroe County Board of County Commissioners find that entering into this Development Agreement furthers the purposes, goal, objectives, and policies of their respective Comprehensive Plans; N. The City and the County agree that realignment of Atlantic Boulevard through Higgs Beach, that also affects the intersections at White Street and Reynolds Street must be changed for safety reasons and to protect the natural, cultural and historic archeological recourses of the area. Page 2 of 14 Doe# 1960066 Bk# 2661 P9# 910 NOW THEREFORE, in consideration of the mutual covenants entered into between the parties, and in consideration of the benefits to accrue to each, it is agreed as follows: A. RECITALS. The above recitals set forth in the preceding "Whereas" clauses are true and correct and are incorporated herein and made a part hereof. B. DEFINITIONS. For the purposes of this Agreement, the following terms shall have the following meanings. Terms not defined in this Agreement shall be as defined in the City Code, in Chapter 163, Florida Statutes, or, if not defined in the Code or Statute, shall be understood by their usual and customary meaning. 1. "Agreement" shall refer to this Development Agreement, as the same may be subsequently amended, modified or supplemented pursuant to its terms and provisions and pursuant to the provisions of Sections 163.3220-163.3243, inclusive, Florida Statutes. 2. "City" shall refer to the City of Key West. 3. "City Code" shall refer to the Code of Ordinances of the City of Key West in existence on the Effective Date of this Agreement. 4. "City Comprehensive Plan" shall refer to the City of Key West Comprehensive Plan, in existence on the Effective Date of this Agreement. 5. "County" shall refer to the Monroe County government, a political subdivision of the State of Florida. 6. "County Code" shall refer to the Code of Ordinances of Monroe County, Florida, in existence on the Effective Date of this Agreement. 7. "County Comprehensive Plan" shall refer to the County's Comprehensive Plan, in existence on the Effective Date of this Agreement. 8. "Developer" shall mean Monroe County, a governmental agency. 9. "Development" shall refer to the redevelopment of the Property for the uses permitted by the Land Use Plan and Land Development Regulations, subject to the conditions, obligations, restrictions and terms contained in this Agreement. 10. "Development Plan" is referred to as the Development Plan and as the Master Plan. 11. "Effective Date" shall refer to the date this Agreement becomes effective, as set forth in Section J. of this Agreement. Page 3 of 14 Doc# 1960066 Sk# 2661 Pg# 911 12. "Florida Department of Transportation" (FDOT) refers to the agency of the State of Florida, as defined in Florida Statutes Chapter 20.23. 13. "Land Use Plan" shall mean the Future Land Use Element and Future Land Use Map of the City's Comprehensive Plan in existence on the Effective Date of this Agreement. 14. "Land Development Regulations" shall mean Subpart B Chapter 86 through Chapter 122 of the City Code in existence on the Effective Date of this Agreement. 15. "Owner" shall refer to the County, the Owner of the Property subject to this Agreement. 16. "Property" shall refer to the parcel of real property located in the City that is the subject of this Agreement as set forth in Section D.1. of this Agreement. 17. "Public Facilities" means those facilities identified in Section 163.3221, Florida Statutes (2010), and as set forth in this Agreement. C. PURPOSE OF AGREEMENT. The purpose of the Agreement is to: 1. Extend the timeframe for Development Plan implementation pursuant to City Code Section 90-684; and 2. Partner as necessary when seeking grants or other funding sources for the implementation of the Development Plan; and 3. Allow Administrative Modifications to the Master Plan that may exceed the scope of a minor deviation as described in City Code Section 108-91, in order to permit changes that improve the safety and public health of the park users, which may be required due to technical or engineering considerations; and 4. Insure that the approved Master Plan is exempt from future changes to the City Code or Comprehensive Plan that would require redesign of approved elements during the term of this Agreement; and 5. Exempt the County from fees for this Development Agreement during the entire term of this Agreement which shall include, but not be limited to, application fees, permit fees, and impact fees; and 6. Establish the responsibility of financing the completion of the roadway realignment plan, as shown on the approved Master Plan, through grant funding. The County is responsible for securing funding and the City shall provide as needed assistance. If the funding does not materialize the County staff and the City staff shall meet and make recommendations to their respective Boards to determine how to facilitate the completion of the roadway realignment plan. Page 4of14 DocN 1960066 Bkq 2661 Pg# 912 D. TERMS OF AGREEMENT. 1. Legal Description and Owner The owner of the property is Monroe County. The legal description for the property subject to this Agreement is set forth in Exhibit "A". 2. Duration/ Renewal This Development Agreement, also referred to as the Master Plan, shall remain in effect for a period of ten (10) years, commencing on the Effective Date set forth below. The parties recognize that it may be necessary to extend the Development Agreement beyond the ten (10) years permitted to complete the project -that the County may seek an extension pursuant to Code Section 90-684. 3. Existing Development The property contains the following existing development which will remain on the property: a. The historic African Memorial Cemetery; b. The historic West Martello Tower and gardens; C. The Salute Restaurant; d. Two historic band stands, aka gun turrets; e. The existing toilets; f. Four shade pavilions in the dog park; g. Beach concessions. 4. New Development Plan (Master Plan) The Development Plan, also known as the Master Plan, was approved by the City Commission pursuant to Resolution 12- 148, attached hereto as Exhibit `B". Administrative Modifications to the Master Plan may exceed the scope of a minor deviation as described in City Code Section 108-91, in order to implement elements that improve the safety and public health of the park users, which may be required due to technical concerns, engineering considerations, to meet environmental goals, or to meet regulatory requirements and shall be promptly reviewed, and considered by the City Planner according to Chapter 108. In addition to the existing development, the plan includes: a. Visitor and Nature Center; b. Relocation of internal road and White Street enhancements; C. Relocation parking lots; d. Add bicycle lanes; e. Expand Beach area; f. Relocate and expand Astro City Playground; g. Add or expand sidewalks for pedestrian use; h. Add two maintenance buildings; i. Add two volleyball courts and two pickle ball courts; i. Remove two tennis courts; Page 5 of 14 n Doe# 1960066 Bk# 2661 Pg# 913 k. Add PAR fitness course; 1. Expand open space; M. Relocate small dog park, revise large dog park; n. Revise outdoor lighting fixtures; o. Renovate and add landscaping; P. Revise storm water systems; q. Relocate utilities as required; r. Add sculpture garden; S. Renovate Whistling Duck Pond. 5. Population Densities, Building Intensities and Height a. The property will remain a recreational park, no residential uses are proposed. b. The proposed floor area ratio is 4%, well below the 20% maximum floor area ratio allowed for recreation and open space pursuant to Section 122-1020 of the City Code. C. All proposed structures are designed to be within the twenty-five (25) foot height limitation pursuant to Section 122-1020 of the City Code. 6. Set Backs and Floor Elevations a. All proposed new buildings are designed with finished floor elevations at or above the City's floodplain management requirements. b. All the setbacks fall within or exceed the requirements of the City Code, except for the setback for the existing West Martello Tower that exceeds the Coastal Construction Control Line and will not be changed. Setbacks are illustrated on the chart below which includes the required setbacks and the existing setbacks: Type Required Existing Proposed Front (White Street) 20' 25145' 25'4" Side Casa Marina Court 15' 123'9" 2450" Rear (Reynolds Street) 20' 237'8" 5554" Coastal Construction 50' 1 F5" 11'5" 7. Phasin The Development Plan may be developed in two or more phases. The County will submit development phasing schedules to the City Planner before construction for each phase begins. If in any case all development contemplated in the phasing plan and associated with an active development phase is not completed within the timeframe established by this Agreement, construction shall continue pursuant to the Development Plan for which a building permit is issued and any appurtenant uses and structures necessary to serve the development phase. Page 6 of 14 Doc# 1960066 Bkp 2661 Pg# 914 8. Public Facilities and Utilities Serving Redevelopment a. Traffic Flow and Roads. A traffic impact report is attached hereto as Exhibit "D". According to the report the proposed enhancements to Higgs Beach will not negatively affect level of service standards and will improve traffic safety along Atlantic Boulevard and ingress/egress to the various parking areas within the park. Although coordination has begun through the City's development approval process, further coordination is required with the City's Utilities Department and with Keys Energy and the Florida Keys Aqueduct Authority at the time the road is relocated. b. Solid Waste. The County is responsible for all solid waste and recycling removal from the site. Waste disposal is provided to the Property by a vendor under contract with the County. C. Potable Water. Potable water is provided to the park by the Florida Keys Aqueduct Authority. The approved plan includes cisterns to capture rainwater and grey water reuse is planned. d. Sewer. The property is connected to a central sewer system operated by the City. e. Electric Service. Electric Service is provided by Keys Energy. f. Fire Service. Fire service is provided by the City Fire Department. 9. Storm Water Runoff A conceptual Storm Water Drainage Plan has been developed to maintain the storm water on site as required by City Code, see attached plan as Exhibit `B". 10. Parkin The proposed plan maintains the same number of existing parking spaces (145) on site of the 145 spaces, 123 are standard parking spaces, 16 are compact spaces, and 6 are handicapped accessible. There are 45 bicycles and/or scooter spaces proposed. Perimeter landscaping around the parking areas is proposed to shield automobile lights from adjacent uses. Proposed new lighting shall meet "Dark Sky" lighting requirements, and stormwater drainage requirements have been met for all parking areas. The proposed parking plan is in compliance with the City Code and ADA standards have been met. 11. Additional Redevelopment Terms a. Energy Conservation. Construction on the site including the development of the Nature Visitors Center is required to be consistent with Chapter 255.2575(2). Florida Statutes which requires compliance with an accepted third party environmental standard. Therefore, the Nature Center has Page 7 of 14 Doc# 1960066 Bk# 2661 Pg# 915 been designed to reduce energy needs. Design components of the building include solar hot water, collection of grey water for reuse, green walls and green roof, cross ventilation, white reflective roof material, solar electric panels, ultra low flow plumbing fixtures, and low Volatile Organic Compound (VOC) interior materials. Lighting shall be designed to "Dark Sky" lighting standards and shall meet energy efficiency standards established by an accepted third party environmental standard consistent with F.S Chapter 255.2575(2). The proposed landscape plan incorporates native plant material, clustering of plant material for water conservation, use of salt tolerant grasses, and installation of canopy trees for surface heat reduction. b. Landscaping. The Landscape Plan was approved as part of the Development Plan approval through Resolution 12-148 and was approved by the Tree Commission on October 19, 2011. The Landscape Plan is attached hereto as a portion of Exhibit `B". As part of the approval a Landscape Waiver Letter was issued by the Planning Department on October 11, 2011, pursuant to City Code Section 108-226 that specifically waives requirements to provisions 108- 413(b), 108-415(a) and 108-481(a). C. Schools and Affordable Housing. School population is not affected, nor does the park create a need for housing. d. Access to Historic Sites. The Master Plan provides improved access to the West Martello Tower, and the African Memorial and Grave yard by relocating Atlantic Boulevard away from the tower and grave sites and adding a multi- purpose gathering area. The additional graves discovered during ground penetrating radar studies are protected through the design that was approved for open space and passive recreational uses only. If additional gravesites are discovered when the present roadbed is moved, the gravesites will be protected and incorporated into the Memorial. 12. Agreement Between City and County Regarding Grant Funding The City and the County agree to partner when seeking grants or other funding sources for the implementation of the Development Plan. The County is responsible for securing funding and the City shall provide as needed assistance. If the funding does not materialize the County staff and the City staff shall meet and make recommendations to their respective Boards to determine how to facilitate the completion of the roadway realignment plan. Nothing herein shall be construed to impart financial responsibility to the City to complete the Master Plan. 13. Approval of Minor Modifications Page 8 of 14 Doc# 1960066 Bkq 2661 P9N 916 The City Planning Director shall have the responsibility to review and approve any phasing schedule and may approve Administrative Modifications to the Master Plan that exceed the scope of a Minor Deviation pursuant to Code Section 108-91, in order to allow changes that improve the safety and public health of the park users, that may be required due to technical concerns, engineering considerations, to meet environmental goals, or to meet regulatory requirements and shall be promptly reviewed, and considered by the City Planner according to Chapter 108. 14. Fees Related to Development Agreement The City agrees that during the entire term of the Agreement fees associated with this Development Agreement shall be waived due to the benefit received by the City and its residents as a result of the development of the Higgs Beach property and shall include, but not be limited to, application fees, permit fees, and impact fees. 15. Required permits and Approvals The following is a list of all development permits and approvals needed to be approved for the development of the property as specified and requested in this Agreement: a. Development Agreement; and b. Major Development Plan; and C. Building and related construction permits, including but not limited to paving, drainage, accessory structures, land clearing, and landscaping; and d. Federal, State, regional and local permits for storm water runoff, driveway connections, utility connections, and environmental (or endangered species) takings, when necessary and if required. e. FAA for relocation of the tower; f. Phasing Schedule for the implementation of the Development Plan approved by the City Planner. 16. Dedication of Property for Public Purpose The dedicated purpose for use of the Property shall be as a public park, it is in the best interest of the City for the property to remain as a public park. 17. Finding of Consistency By entering into this Agreement the City finds that the Development Plan Resolution 12- 148 proposed for the Property as provided in this Agreement is consistent with City's Comprehensive Plan, Land Development Regulations as presently written. Page 9of14 Doc# 1960066 Bk# 2661 Pg# 917 18. Compliance with Permits, Terms, Conditions and Restrictions Not Identified Failure of the Development Agreement to address a particular permit, condition, term or restriction shall not relieve the developer of the necessity of complying with the law governing the permitting requirements, conditions, terms or restrictions. E. LOCAL LAWS AND POLICIES GOVERNING AGREEMENT. This Agreement shall govern the development of the Property for the duration of the Agreement. During the term of the Agreement the City and County agree to abide by the respective Comprehensive Plans and Land Development Regulations in effect on the effective date of the Agreement. City and County laws and policies adopted after the Effective Date may be applied to the Property only if the determinations required by Section 163.3233, Florida Statutes, have been made after written notice to County, the developer, and at a public hearing. This Development Agreement was drafted and delivered in the State of Florida and shall be construed by and enforced under the laws of the State of Florida. F. BREECH OF AGREEMENT AND CURE PROVISIONS. If development requirements are not satisfied, action in reliance on the development agreement or expenditures in pursuance of its terms shall not vest any development rights to the applicant/property owner. Failure to perform as specified in the development agreement shall not constitute partial performance and shall not entitle the applicant or property owner to a continuation of the development agreement. G. AMENDMENT BY MUTUAL CONSENT. The Development Agreement may be amended by mutual consent which shall require a written document approved by the City Commission and the Board of County Commissioners, and shall require two (2) public hearings by the City. H. MODIFICATION OR INVOLUNTARY REVOCATION OF DEVELOPMENT AGREEMENT TO COMPLY WITH SUBSEQUENT STATE AND FEDERAL LAW. In the event that any state or federal law is enacted after the execution of this Agreement that is applicable to and precludes the parties from complying with the terms of this Agreement, then this Agreement shall be modified or revoked as is necessary to comply with the relevant state or federal law. Prior to modifying or revoking this Agreement under this provision, the City shall hold two public hearings. I. RECORDING. Page 10 of 14 Doc# 1960066 Bkp 2661 P9# 918 Within 14 days of approval by the City the Agreement shall be recorded with the Clerk of the Circuit Court in the Public Records of Monroe County, at the expense of the County. J. EFFECTIVE DATE AND DATE OF AGREEMENT. This Agreement shall be effective when the Department of Economic Opportunity (DEO) waives their right to appeal or after the 45 day DOE appeal period, whichever comes first, as required pursuant to Section 380.05 Florida Statute. The date of this Development Agreement is the date the last party signs this Development Agreement. K. ANNUAL REVIEW. The City shall review the Development Agreement annually pursuant to Section 163.3235, Florida Statutes, and Section 90-688 of the City Code to determine if there has been demonstrated good faith compliance with the terms of the Development Agreement. L. TERMINATION OF THE AGREEMENT BY THE PARTIES. The Agreement may be terminated at any time by mutual consent or if the City fords, subsequent to an annual review, that there has been a failure to comply with the terms of the Development Agreement, the Agreement may be revoked or modified by the City. Such revocation shall be determined by the City Commission at a noticed public hearing and based on substantial competent evidence. M. ASSIGNMENT OF AGREEMENT. This Agreement, or portions thereof, shall not be assigned by County, without the express written approval of City, which consent may be withheld in the sole discretion of the City. N. ENFORCEMENT. Any party aggrieved or adversely affected person as defined in Section 163.3215(2) may file an action for injunctive relief in the circuit court in Key West, Florida to enforce the terms of this Agreement or to challenge compliance of the agreement with Sections 163.3220 — 163.3243, Florida Statutes. O. SUCCESSORS. This Agreement shall be binding upon all the parties and their successors in interest, heirs, assigns and personal representatives. P. NOTICES. The parties designate the following persons as representatives to be contacted and to receive all notices regarding this Agreement: Page 11 of 14 DocU 1960066 For the City of Key West: Bkq 2661 Pgp 919 City Planning Director Post Office Box 1409 Key West, FL 33040 Telephone: 3 05 - 8 09-3 728 With a copy to. - City Manager Post Office Box 1409 Key West, FL 33040 Telephone: 3 05-809-3 888 City Attorney Post Office Box 1409 Key West, FL 33040 Telephone: 3 05 -809-3 770 For the County: County Administrator 1100 Simonton Street Room 2-205 Key West, FL 33040 Telephone: With a copy to: County Attorney PO Box 1026 Key West, FL 33040 Telephone: Project Management 1100 Simonton Street Room 2-216 Key West, FL 33040 Telephone: All parties are responsible to notify the other in writing of a change of address for proper notice. R. CONFLICTS. In the event of a conflict between the provisions of this Development Agreement and City ordinances, the terms of this Development Agreement shall control. S. SEVERABILITY. Page 12 of 14 In the event any provision, paragraph or section of this Development Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction, such determination shall not affect the enforceability or the validity of the remaining provisions of this Development Agreement. T. SINGULAR AND PLURAL. Doc# 1960066 Bk# 2661 Pg# 920 When the context requires, the singular includes the plural, and the plural includes the singular. U. DUPLICATE ORIGINALS, COUNTERPARTS. This Development Agreement may be executed in any number of originals and in counterparts. V. HEADINGS. The headings contained in this Development Agreement are for identification purposes only and shall not be construed to amend, modify, or alter the terms of the Development Agreement. W. ENTIRETY OF AGREEMENT; INCORPORATION OF PRIOR DEVELOPMENT APPROVALS. This Development Agreement incorporates or supersedes all prior negotiations, correspondence, conversations, agreements or understandings regarding the matters herein. The parties agree that there are no commitments, agreements, or understandings concerning the subjects covered by this Development Agreement that are not contained in or incorporated by reference. This Development Agreement contains the entire and exclusive understanding among the parties and may not be modified in any manner except by instrument in writing signed by the parties. IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives t their hands and seals on the dates written below. Clerk Clerk Date: 12• D` I - (J ®£ :01 Wd �- 030 h101 Page13of14 GiQJ?t� JOj L1311i BOARD 9f COUNTY COMMISSIONERS OF M ROE C�UY , FLORID By. Date: /a-- G Z - /-3 MONROE COUNTY ATTORN Y PROVED AS TO O1. NATILEEN E W. CAS ASSISTANT COUNTY ATTORNEY Date Date: 1 _9- 5 —k© 1 Approved as to Form Sufficiency: i ttorney Shawn Smith Page 14 of 14 Doc# 1960066 Bk# 2661 Pg# 921 CITY OF KEY WEST 3y: — 1-41 -� /,� V-, Mayor C aig C tes Date: l ';,, - ;-o / 3 Doca 1960066 RESOLUTION NO. 12-149 Bk# 2661 PgN 922 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF KEY WEST, FLORIDA, AUTHORIZING THE ATTACHED DEVELOPMENT AGREEMENT PER CHAPTER 90 ARTICLE IX OF THE LAND DEVELOPMENT REGULATIONS WITH THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS; PROVIDING FOR AN EFFECTIVE DATE NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF KEY WEST, FLORIDA, AS FOLLOWS: Section 1: That the attached development agreement between the City and Monroe County Board of County Commissioners, as property owners is hereby approved. Section 2: That this Resolution shall go into effect immediately upon its passage and adoption and authentication by the signature of the presiding officer and the Clerk of the Commission. Passed and adopted by the City Commission at a meeting held this lst day of May , 2012. Authenticated by the presiding officer and Clerk of the Commission on May 2 , 2012. Filed with the Clerk May 2 , 2012. i ATT ST- CHERYL SMITH CITY CLERK STATE OF FLORIDA N&UNITY OF MONROE Io Y WEST a true copy of the lie in this office. hand and official seal ofClerk By Docq 1960066 Bkp 2661 PqN 923 Exhibit A Legal Description and Ownership Doc# 1960066 Bk# 2661 Pg# 924 Higgs Beach Legal Description: A certain tract of land lying and being in Monroe County, Florida, on the island of Key West, being all the lands within the following metes and bounds except the described Enclave. From the Point of Start (P.O.S.), said point being of the intersection of the Westerly line of White Street and the Southerly line of Casa Marina Court and being marked by a 1/4 inch copper bolt set in the top of a concrete monument, proceed S 10 degrees 30' W, 221.1 feet to a point, said point being the Point of Beginning (P.O.B.); thence S 79 degrees 30' E, 135.0 feet to a point; thence S 10 degrees 30' W, 270.0 feet to a point; thence N 79 degrees 30' W, 270.0 feet to a point; thence N 10 degrees 30' E, 270.0 feet to a point; thence S 79 degrees 30' E, 135.0 feet to the Point of Beginning. Excepted from the lands thus bounded as an Enclave being described as follows: Starting from the above described Point of Beginning, proceed S 10 degrees 30' W, 40.0 feet to a point, said Point being the Point of Beginning to the Enclave; thence S 79 degrees 30' E, 39.35 feet to a point; thence S 34 degrees 30' E. 78.70 feet to a point; thence S 10 degrees 30' W, 78.70 feet to a point; thence N 34 degrees 30' W, 78.70 feet to a point; thence S 79 degrees 30' E 39.35 feet to the Point of Beginning of the Enclave. The net area of the lands herein described (Parcel within outer bounds less enclave) being 0.91 acres more or less. A certain tract or parcel of land lying and being in Monroe County, Florida, on the island of Key West, being all the lands within the following metes and bounds except an enclave described as follows: From a Point of Beginning (P.O.B.) said point being in the westerly line of White Street approximately 400 feet southerly from the County Road and being marked by a Vk inch copper bolt set in the top of a concrete monument set at the Northeast corner of the boundary fences, proceed S 34 degrees 23' East, 500 feet to a point in the Westerly line of White Street; thence S 55 degrees 30' W, 339.8 feet to a point; thence S 76 degrees 30' W, 103.3 feet to a point; thence N 79 degrees 30' W. 89.9 feet; thence N 34 degrees 30' W, 399.2 feet to a point in the Southerly boundary of Casa Marina Court; thence N 55 degrees 37' E, 500 feet to the Point of Beginning. Excepted from the lands thus bounded is an enclave being more particularly described as follows: Starting from the above described P.O.B., proceed S 10 degrees 30 'W, 221.1 feet to a point, said point being the point of the Enclave; thence S 79 degrees 30' E, 135.0 feet to a point; thence S 10 degrees 30' W, 270. Feet to a point; thence N 79 degrees 30' W, 270.0 feet to a point; thence S 79 degrees 30' E, 135.0 feet to the Point of Beginning of the enclave. The net area of the lands herein described (Parcel within the outer bounds less enclave) being 4 acres more or less. There is a reserved from this grant an easement 15 feet wide from the public road to the Enclave as it existed on March 15, 1973, and a 10 foot wide easement for buried electrical cable running northeasterly approximately 50 feet from the northeast corner of the Enclave to the boundary of White Street. The access road may be relocated to the expense of the Grantee with the consent of the Grantor. There are excepted from this conveyance and reserved to the Grantor, and its assigns, all oil , gas and other minerals in, under and upon the lands herein conveyed, together with the rights to enter upon the land for the purpose of mining and removing same. This conveyance is made subject to any and all existing rights of way, easements, and conveyance and agreements affecting the above described premises whether or not the same now appear of record. EXHIBIT A DocN 1960066 RESOLUTION No. 12-148 Bkp 2661 Pga 925 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF KEY WEST, FLORIDA, GRANTING A MAJOR DEVELOPMENT PLAN FOR PROPERTY LOCATED AT 1000 ATLANTIC BOULEVARD - HIGGS BEACH PARK IN THE PS (PUBLIC AND SEMIPUBLIC SERVICE) ZONING DISTRICT (RE# 00058800-000000, 00058790-000100, 00058790-000000), KEY WEST FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 108-91 of the Code of Ordinances provides that within the PS zoning district the addition of outdoor activity or similar activities shall require approval of a Major Development Plan; and WHEREAS, the applicant proposed a Master Plan with associated Landscape Plan to redevelop the Higgs Beach Park area; and WHEREAS, this matter came before the Planning Board at a duly noticed public hearing on October 20, 2011, resulting in Planning Board Resolution No. 2011-049; and WHEREAS, pursuant to Section 108-198, the City Commission shall review and act upon Major Development Plan proposals; and WHEREAS, the granting of the Major Development Plan will be in harmony with the general purpose and intent of the Land Development Regulations, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare; and Page 1 of 4 EXHIBIT f3 NOW THEREFORE BE IT RESOLVED by the City Commission of the City of Key West, Florida: Doeq 1960066 Bk# 2661 Pg# 926 Section 1. That the above recitals are incorporated by reference as if fully set forth herein. Section 2. That the City Commission grants approval of a Master Plan for the redevelopment of Higgs Beach Park in the PS zoning district at 1000 Atlantic Boulevard (RE# 00058800-000000, 00058790-000100, 00058790-000000), as shown in the attached plans dated August 30, 2011, with the niV(9) conditions provided in 11 Planning Board Resolution No. 20,-049 and specified as follows: (1) City Commission approval of the Intergovernmental Agreement Agreement. (2) Staff approval of a composting facility is required by the City's Planning and Engineering Departments. Operations maintenance of the composting center shall be provided by the County and will remain in its adjacent location as proposed on the site plans. (3) The recycling center shall be screened from view by a fence and vegetation approved by the City's Urban Forester. (4) The applicant is responsible for designing and submitting a Signage Plan that is compatible with Section 108-285 of the Code to the Planning Department for approval before implementation. (5) Construction on the site, including the development of Nature Visitors Center, is Page 2 of 4 required to be consistent with Chapter 255.2575(2), Florida Statutes which requires compliance with an accepted third party WO wo no environmental standard (see Attachment for the full language of mW the relevant section of the statute). (6) Lighting shall be �W m �m designed to "Dark Sky" lighting standards and shall meet energy � co N efficiency standards established by an accepted third party v environmental standard consistent with F.S Chapter 255.2575(2). (7) Tree Commission approval is required for each phase of the removal/relocation and replacement of the Landscape Plan. (8) The wetland areas of the Whistling Duck Pond and the F.A.A Tower are required to be noted on the Landscape Plan. An upland/wetland jurisdictional line needs to be set for the area and work within the area requires environmental permitting and possible mitigation. (9) Revise design of scooter and bicycle parking areas to separate uses and add additional bollards or bicycle friendly parking areas throughout the park. Section 3. This Major Development Plan does not constitute a finding as to ownership or right to possession of the property, and assumes, without finding, the correctness of applicant's assertion of legal authority respecting the property. Section 4. This Resolution shall go into effect immediately upon its passage and adoption and authentication by the signatures of the presiding officer and the Clerk of the Commission. Page 3 of 4 Section S. This Resolution is subject to appeal periods as 0o v wo an provided by the City of Key West Code of Ordinances (including the Na o f- M W Land Development Regulations). After the City appeal period has ~C9 0 M expired, this permit will be rendered to the Florida Department of a W N Community Affairs. Pursuant to Chapter 9J-1, F.A.C., this permit W is not effective for forty five (45) days after it has been properly rendered to the DCA with all exhibits and applications attached to or incorporated by reference in this approval, or until the date DCA issues a written waiver of appeal, whichever is sooner; that within the forty five (45) day review period the DCA can appeal the permit to the Florida Land and Water Adjudicatory Commission; and that such an appeal stays the effectiveness of the permit until the appeal is resolved by agreement or order. Passed and adopted by the City Commission at a meeting held this 1st day of May , 2012. Authenticated by the presiding officer and Clerk of the Commission on May 2 , 2012. Filed with the Clerk May 2 2012. 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IIII ' N 3 r WEST, FL sawo 5 NID,Lms•PE PEREZ ENGINEERING m CONCEPTUAL DRAINAGE PLAN A E n.r0EM0. Sly DEVELOPMENT. INC .w m. mil .._�.__....s..._ _ I 0 np4teHu c-2 ��- -�` w,«uR STREET (SO' R/1n cq ---------------- r ..: a (, F 4 ($ -- TF...- -... ...--- ... --..........- - ......... - - .... i- -WMTE- .....--- ...... -..........- ... - - E - (6{.0 R/W) n R $ aARERCEIIIGGSOFACR 6 C) I3 KEY WEST FL 33040 CONCEPTUAL DRAINAGE PLAN 8 Rxso2 aaau,: KWIL EZRL III PEREZ ENGINEERING , Ib1Y YE 10.51� 4 DEVELOPMENT. INC .b YMi0. eC1, v,,,d.•swP.snur.w uw 3N�25/�D�F�nce >]sai�l wo ae° U ONE F+ NM B 0 O1 a (o 4b ul INGGSBEACH [ f t a 0 KEY WEST, ria3ao s CONCEPTUAL DRAINAGE PLAN C I ° NIENEPsam III PFREz ENGINEERING ryiy PEN6°N� QOEV[LOPMENT. INC '�°• �,��� .Ntw!°. >gtt cu.wcws�rssv+„wsrx Stu, � RESOLUTION NUMBER 2011-049 A RESOLUTION OF THE KEY WEST PLANNING BOARD GRANTING MAJOR DEVELOPMENT PLAN APPROVAL PER SECTIONS 108-91 AND 108-96 THROUGH 108- 957 FOR PROPERTY LOCATED AT HIGGS BEACH PARK (RE# 00058800-00000% 00058790- 000100, 00058790-000000), KEY WEST FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the subject property is located in the Public Service and Semipublic service (PS) zoning district; and WHEREAS, Section 108-91 of the Code of Ordinances provides that outside the Historic District a Major Development Plan is required for the addition of outdoor activity or similar activities equal or greater than 5,000 square feet; and WHERAS, the applicant proposed a Master Plan with associated Landscape Plan and Civil Drainage Plan to redevelop the Higgs Beach Park; and r- rn a a� m WHEREAS, Section 10$-196(a) requires the Planning Board to review and approve, io r+ �N approve with conditions, or deny the proposed. Major Development Plan; and on OY Cm Page 1 of 5 Resolution Number 2011-049 Chairman 0 ",Planning Director WHEREAS, this matter came before the Planning Board at a duly noticed public hearing on October 20, 2011; and WHEREAS, the granting of a Major Development Plan application is consistent with the criteria of the Code of Ordinances; and WHEREAS, the granting of a Major Development application is in harmony with the general purpose and intent of the Land Development Regulations, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare; and NOW, THEREFORE, BE IT RESOLVED by the Planning Board of the City of Key West, Florida: Section 1. That the above recitals are incorporated by reference as if fully set forth herein. Section 2. That a Master Plan for redevelopment of Higgs Beach Park located in the PS zoning district per Section 108-91 of the Land Development Regulations of the Code of Ordinances of the City of Key West, Florida (RE# 00058800-000000, 00058790-000100, 00058790-000000), as ao shown in the attached plans dated August 30, 2011 with the following conditions of approval: qW a) a General Conditions: ton. 1. City Commission approval of the Intergovernmental Agreement N a ua o Id m Page 2 of 5 Resolution Number 2011-049 Chairman ® Gl'Immg Director 2. Staff approval of a composting facility is required by the City's Planning and Engineering Departments. Operations maintenance of the composting center shall be provided by the County and will remain in its adjacent location as proposed on the site plans. 3. The recycling center shall be screened from view by a fence and vegetation approved by the City's Urban Forester. 4. The applicant is responsible for designing and submitting. a Signage Plan that is compatible with Section 108-285 of the Code to the Planning Department for approval before implementation. 5. Construction on the site including the development of Nature Visitors Center is required to be consistent with Chapter 255.2575(2). Florida Statutes which requires compliance with an accepted third party environmental standard (see Attachment for the full language of the relevant section of the statute). 6. Lighting shall be designed to "Dark Sky" lighting standards and shall meet energy efficiency standards established by an accepted third party environmental standard consistent with F.S Chapter 255.2575(2). 7. Tree Commission approval is required for each phase of the removal/relocation and replacement of the Landscape Plan. O� 8. The wetland areas of the Whistling Duck Pond and the F.A.A Tower are required to be noted a and 0 r. on the Landscape Plan. An upland/wetland jurisdictional line needs to beset for the area and O) w N work within the area requires environmental permitting and possible mitigation. ua OY Gm Paige 3 of 5 Resolution Number 2011-049 Chairman Planning Director m u, M m� ma to r+ N tt on om o 9. Revise design of scooter and bicycle parking areas to separate uses and add additional bollards or bicycle friendly parking areas throughout the park. Section 3. Full, complete, and final application for all permits required for which this resolution is wholly or partly necessary, shall be submitted in its entirety within 12 months after the date hereof. Section 4. This Major Development Plan application approval by the Planning Board does not constitute a finding as to ownership or right to possession of the property, and assumes, without finding, the correctness of the applicant's assertion of legal authority respecting the property. Section 5. This resolution shall go into effect immediately upon its passage and adoption and authentication by the signatures of the presiding officer and the Clerk of the Commission. Section 6. This resolution is subject to appeal periods as provided by the City of Key West Code of Ordinances (including the Land Development Regulations). After the City appeal period has expired, this permit or development order will be rendered to the Florida Department of Community Affairs. Pursuant to Chapter 9J-1, F.A.C., this permit or development order is not effective for forty five (45) days after it has been properly rendered to the DCA with all exhibits and applications attached to or incorporated by reference in this approval; that within the forty five (45) day review Page 4 of 5 Resolution Number 2011-049 Z-j�'—)�—Chairrnan 'ia> "lanning Director period the DCA can appeal the permit or development order to the Florida Land and Water Adjudicatory Commission; and that such an appeal stays the effectiveness of the permit until the appeal is resolved by agreement or order. Read and passed on first reading at a regularly scheduled meeting held this 20th day of October, 2011. Authenticated by the Chairman of the Planning Board and the Planning Director. Ri4ard ffe—n ck, Chairman Key West Planning Board Attest: Donald Leland Craig, AICP Pla "Director Filed with the Clerk: Cheryl Smith, C4 Clerk o� a Wm Wd m m WWI O)w w4w N a on 5 5 o m Page of Resolution Number 2011-049 P�2� Date Old jc Date Date Chairman ✓�latu�ing Director W u H W u NA a S€8'i; FRO s s 1qqF a a.a � AN cn LLJ w �4 W F z WReE§ Q i Z `s Sep<�p �pi �d ib im Rio w m la s i` yE�l3p {i a w u z w rz U � � G N > R 5 m � � u � o m x m W 0 no no 3: N CP (10 IM 0 0 ,am 0 0) u (a Ln `3r } Y O 2 A. s •'s ao a N Im p- mw SIA M m Its � 01 01 a co ol co y1 ��11 1` YF—fl L � � � $• d �� E gj F Rf:k wo wo ae a L b z M. w ro- P. Ma xo ss o a ow 11-•am m m� z 39 x f- d x < V c d g m � q0 a Y En ` Y 'V V w U z w oc U � ; a :�I' l Q an m J z w m �j3 b Ali; r ............ r �3 1, � UI Z W 'S �. 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Z CL 7 CL F- LLI LU L.Li I 0 W U.J LLJ L) T- w 0 < Z O v S f T Aso 1.4 CM me ' 1 F a. ly LLJ uj LLJ W (.) cr) I=: Z < I .* 11 I U) 0 a'- 0 < gig Rivals$ I Jr if J � � OD ___L__- _____�___________ 9 NM)d 30VNrMG TdfllcBON)03 O*oW'U'1S3M A-:W N"JYd9S,Yii1 k I �N{'1f13Md013A9° 6 iNsvNYeogl 'JNlL33N19N3 zal seaaea{srrx ■® I I I I 1 I I I I I us'c r�r' y O NVId 3DYNMIC IV(lld3ONOO NdOl3.3a 8 3,nrt017d.M4 S V (j "�' 'JNIM33NIJN3 Z3233d Ydvm3xm 1 E30f67d '�S3+M.�f r 3 �i>nu o ��eoam z 4 3� E �. naar � �� L•Ories�J'Ja13,MBa✓t� $ E Yl L Fi �t i �+ ro ae a al-. F+j o1 m m01 ool a DocN 1960066 Bkp 2661 Pg# 971 Exhibit D Concurrency Reports Trof Tech ENGINEERING, INC. Mr. William P. Horn William P. Horn Architects 915 Eaton Street Key West, Florida 33040 Re: Higgs Beach — Traffic Impact Statement Dear Bill: DocN 1960066 Bk# 2661 Pga 972 June 9, 2011 Traf Tech Engineering, Inc. has completed the following three tasks associated with the proposed enhancements to Clarence Higgs Beach located in the City of Key West in Monroe County, Florida. o Trip Generation o Existing Level of Service on Atlantic Boulevard o Traffic Safety Clarence Higgs Beach is a recreational beach located on the Atlantic Ocean along Atlantic Boulevard between Reynolds Street and White Street on the south area of the City of Key West. Figure 1 on the following page depicts the location of the subject recreational beach. The total area designated to Higgs Beach is approximately 15 acres. The beach is bifurcated by Atlantic Boulevard. The sandy beach areas are located on the south side of the roadway as well as a restaurant, a pedestrian walkway, beach tables, parking areas, and other beach amenities. On the north side of Atlantic Boulevard, six asphalt tennis courts, two small parking lots, a playground, a dog park, and an FAA antenna site are found. Volleyball courts are provided on the north and south sides of Atlantic Boulevard. Attachment A contains a site plan depicting the existing conditions on Higgs Beach. Trip Generation The trip generation for the existing conditions at Higgs Beach was based on information contained in the Institute of Transportation Engineer's (1TE) Trip Generation manual (8`s Edition). According to the subject 1 TE manual, the most appropriate "land use category for the subject beach is ITE's Land Use 415 — Beach Park. Table 1 documents the existing trip generation for Higgs Beach. TABLE I Trip Gtna ltian Summary Clarem Higp Beuh— West, nuida Vehicle Trips Laud Use Sine Week SaturdaySunda Beach Patio 15 acres 450 1 SOURCE: !PE Trip Generation Manual ( Edttwnl 8400 North University Drive, Suite 309, Tamarac, Florida 33321 Tel: (954) 582.0988 Fax: (954) 582-0989 E-mail: JoaquirAkraftech.biz EXHIBIT D'a 1960066 Sk# 2661 P911 973 Doc# 1960066 Bk# 2661 Pg# 974 As indicated in Table 1, it is estimated that Higgs Beach is currently generating approximately 450 daily trips on regular weekdays, approximately 1 AOW trips per day on Saturdays, and approximately 1,030 daily trips on Sundays. Since the proposed enhancements to Higgs Beach (refer to Attachment A) consist of improvements to the parking areas, additional pedestrian walkways, open green space, a visitors center, and improved beach amenities, the proposed enhancements to Higgs Beach are not anticipated to increase traffic flow along Atlantic Boulevard or nearby local streets. The trip generation equations for the existing Higgs Beach, given by TTE, are: BEACH PARK (Land Use 415) Weekday Daily Trips T = 29.81(X) Where T = average weekday vehicle trip ends (vehicle trips per day) X = size in acres Saturday Daily Trips T = 66.47 (X) Where T = average Saturday vehicle trip ends (vehicle trips per day) X = size in acres Sunday Daily Trips T = 6832 (X) Where T = average Sunday vehicle trip ends (vehicle trips per day) X = size in acres Existing Level of Service on Atlantic Boulevard According to FDOT records, Atlantic Boulevard near Higgs Beach carries approximately 5AW vehicles per day (refer to Attachment B). Based on FDOT's Generalized Annual Average Daily capacity tables', Atlantic Boulevard has a level of service "D" capacity of approximately 10.700 vehicles per day. Therefore, Atlantic Boulevard is currently operating at approximately 50% of its vehicular carrying capacity, which is considered to be excellent. Therefore, the proposed enhancements to Higgs Beach are not anticipated to degrade the operating conditions of Atlantic Boulevard or nearby local streets. Traffic Safety As shown in the existing conditions site plan (refer to Attachment A), all parking areas (north and south sides of the roadway) can be accessed from any point along Atlantic Boulevard, which is undesirable from a safety standpoint. Moreover, the driveway that provides access to the small parking lot located west of the tennis courts has restricted 2009 FDOT Quality/Level of Service Handbook Doep 1960066 Bkq 2661 Pgq 975 sight visibility (a vehicle exiting from the subject parking lot cannot see traffic heading south on Reynolds Avenue). This condition is undesirable from a safety standpoint. The proposed enhancements to Higgs Beach eliminate the existing safety concerns described above. All parking areas are well defined and are accessed via well -spaced driveways. Driveways located north and south of the roadways either align with each other or are well spaced in order to eliminate undesired conflicts. In short, the proposed Mach enhancements provide significant safety improvements to traffic traveling along Atlantic Boulevard or accessing the various parking areas located north or south of the roadway. In summary, the proposed enhancements to Higgs Beach are not anticipated to increase traffic now along Atlantic Boulevard, are not anticipated to degrade the operating conditions of Atlantic Boulevard or nearby local streets, and will significantly improve safety to traffic traveling along Atlantic Boulevard or accessing the various parking areas located north or south of the roadway. Please give me a call if you have any questions relative to the information provided herein. Sin ly, TECH ENG RING, INC. Jo E. Vargas, PE. Se Transportation gineer 4 Docp 1960066 BkO 2661 P9p 976 K m��M Clarence Higgs Beach — Site Plans (]Existing and Proposed Conditions) av xo ao a N Im o- 0110 �+ 01 m 3t w ►� W U z W ce U 1 4:: mtk-1 i f'. �11 !R,. T ` � z < a w z W a V wo a°o o'Con m �o 0 co St Doo$ :960066 Bku 2661 Pga 919 Traffic Counts (Source: FDOT) Synopsis Reports 900004-20090120.syn Pages 1 Doc# 1960066 Bk# 2661 Pg# 980 Countys 90 Station. Descriptions 0004 ATL7INTIC BLVD, 200' E WHITE ST Start Dates 01/20/2009 Start Times 0000 ---'- ---------------- ------------' -------------------------------------------- Direcction:tions N Combined Directions ETotal Total lot 2nd 3rd 4th Total Time lot 2nd 3rd 4th ------------------- ---- 9 5 ------------5-----24 5 2 2 1 5 32 14 0100 3 3 2 1 9 2 0 2 2 3� 16 0100 0200 5 2 4 2 13 0 2 1 1 0 0 1 4( 13 0300 3 2 1 3 6 9 14 2 1 2 2 7 21 0400 1 2 5 4 18 Z ; 3 6 14 32 0500 2 6 6 17 63 5 8 19 28 60 103 0600 3 9 14 15 76 35 36 35 58 164 240 0700 17 20 24 35 122 67 79 68 65 279 401 0800 26 33 28 44 0900 32 28 47 61 206 206 j 45 44 36 45 170 376 1000 39 39 67 50 194 32 58 47 34 171 365 1100 49 57 38 61 184 56 45 55 42 198 392 1200 35 44 44 57 221 53 40 53 52 198 � 419 1300 54 56 44 54 61 10 222 48 59 49 39 195 185 417 422 1300 1400 47 66 52 53 66 237 47 33 45 52 41 53 56 184 453 1600 68 72 62 67 269 266 ( 42 45 38 37 44 164 430 1700 86 76 55 49 32 141 36 45 22 38 141 282 1700 38 35 36 94 19 18 12 16 65 1900 18 36 22 18 91 18 19 13 1 153 2000 23 25 23 20 I1 86 13 15 4 34 ( 120 2100 14 28 23 9 58 2 2 IS ` 73 2200 23 12 14 4 35 8 4 6 2 20 1 55 2300 14 14 3 ---------------2506 --- --_-- ---------------- -------------------------------'------- 2506 5289 24-Hour Totalss Z783 _----'------------------------ _ ------------------ -'-----� - ---------------------- Peak volume Information Directions N Combined Directions Directions B Hour volume Hour volume Hour volume 0800 279 0800 401 A.M. 0915 158 1330 279 1615 474 P.M. 1630 291 0800 279 1615 474 Daily 1630 291 Generated by SPS 5.0.16 Synopsis Report: 900004-20090121.syn Paqe: 2 County: 90 station: 0004 Description: ATLABTZC BLVD, 200' E WHITS ST Start Date: 01/21/2009 Start Times 0000------------ --------------------- ----------------------------- Direction: E Direction: N Time lot 2nd 3rd 4th Total 1st 2nd 3rd - 4th-- _ _ _ 0000 11 4 4 8 ------------"-------------------- 27 ( 5 1 4 0 3 2 2 1 0100 5 3 3 1 12 { 7 0 0 0 0 0200 2 0 3 2 2 8 2 1 0 3 0300 1 1 4 5 2 11 ( 2 0 0 2 0400 2 2 6 6 20 ( 1 4 6 7 0500 1 5 7 7 10 30 32 ( 5 11 21 13 0600 20 a 18 25 71 ( 32 46 45 58 0700 0800 37 42 38 35 152 { 67 64 52 76 43 45 42 0900 43 30 31 37 45 141 ( 187 1 42 35 38 46 43 1000 38 55 51 50 53 62 68 235 I 42 63 52 55 1100 1200 45 39 51 SO 185 I 44 41 42 52 65 50 51 1300 55 53 47 60 52 215 { 220 58 56 45 48 37 1400 47 65 58 60 63 62 68 255 ( 34 56 45 48 1500 1600 65 71 72 80 288 { 42 45 31 52 33 45 1700 96 67 65 39 267 ( 155 ( 52 31 43 36 25 18 1800 58 40 29 32 28 25 108 7 4 6 15 1900 25 26 26 27 23 11 87 I 12 13 12 18 2000 2100 22 20 15 28 85 ( 19 18 5 8 9 5 2200 22 12 13 9 56 ( 32 ( 8 6 9 5 3 2 2300 9 10 10 3 -------- ----------------- 24-Sour Totals: ------------------- 2856 --------------------------------- Peak Volume Information Direction: E Direction: M Hour Volume Hour Volume A.M. 0815 158 0745 265 217 P.M. 1615 319 1330 0745 26S Daily 1615 319 Generated by SPS 5.0.16 Doc# 1960066 Bk# 2661 Pg# 981 Total 14 4 0 6 4 18 50 181 252 179 162 212 187 216 186 183 151 192 110 32 55 51 30 16 2491 Combined Total 41 16 7 14 15 36 82 252 ( 404 ( 320 { 349 ij 447 372 431 406 438 439 { 459 ( 265 { 140 { 142 ( 136 ( 86 48 Combined Directions Hour Volume 0745 407 1645 488 164S 488 5347 Synopsis Reports 900004-20090122.syn Pages 3 Doc" 1960066 Countya 90 Bk" 2661 P9" 982 Stations 0004 Descriptions ATLANTIC BLVD, 200' E WHITE ST Start Dates 01/22/2009 0000---------------- StartTimea -------------'---'---- --------------------------- --------------------- Direction: W Combined Directions 8 let 2nd 3rd 4th Total Total Time let 2nd 3rd 4th Total _________________r---- ----- ------7--------------- ------`-------------------------`-'3` 1 16 { 3 3 3 2 11 { 27 D000 5 3 3 10 3 4 1 2 12 { 22 0100 4 1 Z 0 5 1 1 1 4{ 9 0200 1 4 0 1 2 6{ 1 1 0 1 3{ 9 16 0300 1 4 2 1 0 5 10 ( Z 1 2 3 1 5 6{ 11 27 0400 0500 3 5 6 2 16 � 1 9 2 7 11 19 46 I 81 0600 7 4 15 9 35 81 25 43 46 65 179 { 260 0700 21 19 21 20 24 117 76 79 68 57 B2 282 { 399 0800 32 28 33 38 234 1 47 38 43 43 171 305 0900 38 22 36 42 189 1 42 55 54 46 197 386 1000 49 44 54 53 221 1 45 38 57 44 184 405 1100 64 47 57 50 213 { 46 55 48 32 181 4 1200 49 46 68 53 203 { 36 55 48 49 188 39 { 391 1300 44 44 62 61 52 55 46 4B 39 188 { 409 437 1400 49 65 59 62 67 59 253 43 42 45 54 32 184 181 1500 1600 60 76 76 46 25B 46 37 55 44 48 56 45 182 482 { 1700 97 75 69 59 300 21 28 32 33 114 1 284 1800 51 50 41 28 24 170 107 22 12 14 16 64 { 171 1900 31 26 26 21 95 l9 29 13 12 63 IS I 2000 26 23 25 90 11 8 36 126 2100 21 22 25 22 7 9 8 29 { 95 2200 16 20 16 14 37 { 5 4 7 20 { 57 2300 17 10 6 ___ ___ ________ - -------------------------- 2536 5389 --------------- 24-Sour Totals 2853 ------ ------------------- ------------- --------- - ---------------- Peak volume Information W Combined Directions Directions E Directions volume Hour volume Hour volume Hour 0745 290 0745 403 A.M. 0915 145 1315 207 1700 482 P.M. 1700 300 0745 290 1700 482 Daily 1700 300 Generated by BPS 5.0.16 DccN 1960066 Bkp 2661 Pgp 983 C oncurrency Analysis E 0 DocO 1960066 Bkp 2661 Pgp 984 The Development Team has prepared 24" x 36" drawings as the site is over 10,000 square feet. As shown on the drawings, the following development is proposed for Higgs Beach. Building Summary: Setbacks: Front White Street 20' 25`4" 254" Side Casa Marina Court 15' 20' 50' 12319" 2378" 115" 24'0" 554" 11'5" Rear (Reynolds Street Coastal Construction Par in There are 145 existing parking spaces. The Master Plan proposes to maintain 145 spaces. However, these spaces have been reconfigured to enhance safety and access to the internal travel lanes in the park. Of the 145 spaces, 123 are standard parldng spaces, 16 are compact and 6 are handicap accessible. In addition there are spaces for 45 bicycles and/or scooters. Access: Atlantic Blvd has been shifted to the north to accommodate community consensus to increase the beach area and relocate the playground to the south side of the road. During the course of the Master planning process, an archeological survey using ground -penetrating radar was conducted. This survey located additional gravesites of African refugees who died on the island in 1860 as a result of the slave trading activity occurring in the area. It is anticipated that once the current roadbed has been removed, il be incorporated the proposed m��oofthe oad provides asafety buffer from the road and Page zof6 Doen 1960066 Bkq 2661 Pga 985 the West Martello Garden and eliminates an unsafe condition since the Fort is currently located ® within five feet of the existing roadway. The new design of the road includes a gentle curve to provide for traffic calming and to encourage a reduction in vehicular speed. The entrance to Higgs Beach from White Street has been sifted to the north as shown on the plans. Proiect Statistics: Zoni ig PS PS Public and Semi Public Service Size 762,891 s.f or 17.5 acres Units No Residential Units Floor Area 0.03 Usti(29,945 s. 0.04 Proposed (32,972 s.f. Consurn tion Area Salute Restaurant 2,250 s.f. impervious Area 30.2 % Eyistin 230 499 s. 33.6% Proposed (256,333 s.f. 3.92% Existing29 945 s. 4.32% Prosed 32 972 s.f. Lot Coverage Building Elevations: Please see attached. Drainage_ Plan: • Please see attached. Landscape Plan: Please see attached. ' 11 The Higgs Beach Master Plan was developed with significant community input Throughout the past year, a master planning process, that included three public meetings and multiple smaller neighborhood meetings with park stake holders was conducted on behalf of the Monroe County Board of County Commissioners (BOCC). The Major Development Plan for Higgs Beach addresses not only cafe compliance requirements but safety and welfare issues as well. The following will summarize how the proposed changes to Higgs Beach address community issues. stormwater Runoff: A Stormwater Master Plan has been developed to maintain the stormwater on site as required by City Code. The redesign and relocation of Atlantic Blvd will provide the opportunity to engineer the roadway to capture the stormwater generated by the 10 impervious surface. Parking lots have been relocated further from the shoreline and will be Pa" 3of6 engineered to City standards for stormwater containment. Furthermore, innovative containment practices are proposed that will direct the stormwater for reuse where possible to provide water for landscape areas. Doen 1960066 Bk# 2661 Pga 986 Potable Water: The Visitor Nature Center will include cisterns to capture rainwater and make it available for landscape plantings. This building is designed to LEED standards that will reduce and minimize the amount of potable water required. Grey water reuse is planned for the Visitor Nature Center. Waste DisDos61: A recycling center is proposed adjacent to the Salute Restaurant. It is anticipated the recycling area will provide for recycling of solid waste as well as provide an area for composting of vegetation generated by the restaurant. Currently there are recycling collection boxes in the park and will be reused. Energy ConsgLyatior: The Nature Center has been designed to reduce energy needs. Four members of the Design Team are LEED Accredited Professionals. The Visitor Nature Center has the potential to be awarded enough credits to achieve LEED Gold Certification. Design components of the building include 100% solar hot water, collection of grey water for reuse, green walls and green roof as shown on the elevations, cross ventilation to reduce or eliminate the need for air conditioning, white reflective roof material, solar electric panels, ultra low flow plumbing fixtures, and low VOC interior materials. The maintenance buildings are designed to take advantage of natural ventilation and sun control. Energy efficient lighting will be incorporated as part of the outdoor lighting plan. opportunities include LED lighting or solar lights for the street outdoor lighting fixtures. The landscaping proposed incorporates native plant material, clustering of plant material for water conservation, use of salt tolerant grasses, and installation of canopy trees for surface heat reduction. 1741 f This is a community park and does not include a residential component. The neighbors immediately adjacent to the park participated in the Master Planning process. Their concerns were considered and addressed to the greatest extent practicable. The development team sought to balance the concerns of the immediate neighbors with the go desires of the overall community. For instance the Picklebali court was relocated to the west Page 4 of 6 +.. DoeN 1960066 Bk# 2661 PgA 987 of the existing tennis courts and two tennis courts were removed. Passive activities such as the PAR Fitness course are located adjacent to the residential neighborhood. Astro City has been located closer to the beach and away from the center of the park. The footprint of the proposed Nature Center has been reduced in response to the neighbor's concerns. The current parking lots are unsafe and not consistent with City Code requirements. Vehicles back into travelways and there are multiple conflict areas with pedestrian walkways. The proposed plan provides parking lots with dedicated access points to the relocated Atlantic Blvd. The size of the parking spaces is compliant with City regulations and provisions for scooter, bicycles and handicap spaces have been made. Atlantic Blvd has been redesigned to accommodate bicycle traffic with dedicated lanes on both sides of the road. Other ADA standards have been incorporated in to the plan. Perimeter landscaping around the parking areas is proposed to shield automobile lights from adjacent uses. A traffic impact report was prepared as part of this process and is included as Appendix A. As noted in the report, the proposed enhancements to Higgs Beach "are not anticipated to increase traffic flow along Atlantic Blvd, are not anticipated to degrade the operating conditions of Atlantic Blvd or nearby local streets and will significantly improve safety to traffic traveling along Atlantic Blvd or accessing the various parking areas located north or south of the roadway." The BOCC is making every effort to remove and relocate the FAA Tower currently located with in the park. The FAA recognized the County's desire to renovate the park and is in the • process of preparing Feasibility Study to accommodate relocation. The FAA recognizes the tower is out of date. Appendix B provides documentation from the FAA that identifies an Airspace Case Number to this project as well as a draft Preliminary Design Reimbursable Agreement. The Site Plan has been designed such that many components of the Master plan can be implemented prior to the relocation of the Tower. Phasing;. Implementation of the Higgs Beach Master Plan is a long-term goal for the BOCC. As funding sources become available portions of the Master Plan will be implemented. Balancing on going maintenance issues with future renovations shall be accommodated as much as possible. Currently, the ASTRO City Playground needs new equipment. Funds have been allocated to install new playground equipment as part of a Phase I for the Astro City playground renovation. Although some renovations can be completed, the majority of the changes to the park will be not initiated until Atlantic Blvd has been relocated. The BOCC is in the process of submitting a grant request to the Florida Department of Transportation for Community Enhancement Funds that would be used to relocate the road. If successful, funding for this task will be available in fiscal year 2015. 0 The BOCC has mandated the improvements to the park be self funded when possible. Page 5 of 6 MONROE COUNTY OFFICIAL RECORDS