O. Growth ManagementMeeting Date: December 10, 2014 Division: Growth Managerne
Bulk Item: Yes No X Department: Planning & Environmental Resources
Staff Contact Person/Phone #: Christine Hurley, Ext. 2517
Joseph Haberman, Ext. 2532
AGENDA ITEM WORDING:
A public hearing to consider a request for the abandonment of a portion of the right-of-way of
Peninsular Avenue on Stock Island that is located between Blocks 46 and 60 (east of the center of Lot
32 in Block 46) in Maloney Subdivision, as recorded in Plat Book 1, Page 55 of the Public Records of
Monroe County, Florida.
ITEM BACKGROUND:
The petitioner has requested abandonment of a portion of the right-of-way of Peninsular, as described
above and shown on the attached boundary survey, in order to improve access to and from an adjacent
nonresidential development, commonly known as Oceanside Marina,
PREVIOUS RELEVANT BOCC ACTION:
• At the June 11, 2014 meeting, the BOCC agreed to sell the affected county -owned properties to
Oceanside Investors, LLC (Block 46, Lots 30 and 31 and westerly 1/2of Lot 32.
• On June 30, 2014, the BOCC approved an abandonment of a portion of the right-of-way of
Peninsular Avenue located immediately to the west of the proposed abandonment. The approval
was memorialized in Resolution #116-2014.
• At the November 18, 2014 meeting, the BOCC approved a resolution to set the date, time and place
of the public hearing for the proposed abandonment.
CONTRACT/AGREEMENT CHANGES: None
STAFF RECOMMENDATION- Approval
TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes —No N/A
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: N/A
REVENUE PRODUCING: Yes No N/A AMOUNT PER MONTH N/A Year
' /' /6' '
APPROVED BY: County Atty X - �'X'
, OMB/Purchasing Risk Management
DOCUMENTATION: Included X
Not Required
DISPOSITION: AGENDA ITEM 9
Petitioner: Oceanside Investors, LLC
P A 5
WHEREAS, an application was filed by Oceanside Investors, LLC to abandon a portion
of Peninsular Avenue on Stock Island that is located between Blocks 46 and 60 (east of the
center of Lot 32 in Block 46) in Maloney Subdivision, as recorded in Plat Book 1, Page 55 of the
Public Records of Monroe County, Florida; and
WHEREAS, the Board of County Commissioners of Monroe County, Florida, desires to
renounce and disclaim any right of the County and the public in and to the hereinafter right-of-
way; and
WHEREAS, due notice has been published and a public hearing has been held in
accordance with Chapter 336, Florida Statutes; and
WHEREAS, at said public hearing, the Board considered the argument of all parties
present wishing to speak on the matter, and considered the renouncing and disclaiming of any
right of the County and the public in and to the hereinafter described right-of-way as delineated
on the hereafter described map or plat; and
WHEREAS, the Board has determined that vacation of the said right-of-way is for the
general public welfare, and conforms to the requirement of Sections 336.09 and 336.10, Florida
Statutes; and
WHEREAS, the Board makes the following Findings of Fact and Conclusions of Law:
I . The Board has to the authority to grant abandonments of dedicated and accepted
rights -of -way under jurisdiction of the County in accordance with Monroe County
Code § 19- 1; and
2. The vacation of the said right-of-way is not inconsistent with any of the criterion for
granting abandonments provided in Monroe County Code § 19- 1;
NOW THEREFORE, BE IT RESOLVED 113Y THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that it hereby renounces and
disclaims any right of the County and public in and to the following described streets, alley-
ways, roads, or highways as delineated on the hereafter described map or plat, to -wit:
"Peninsular Avenue, lying behveen Block 46 and 60, South of the East Y2 Qf Lot 32, Lots
33, 34, & 35 in Square 46, and North qf a portion qf Lot 2 and Lot 3, Block 60, according to
Maloney's subdivision of a part of Stock Island, Monroe County, Florida as recorded in Plat
Book 1, Page 55, of the Public Records of Monroe County, Florida, and being more particularly
described asfbllows: Begin at the Southeast corner qf Lot 35 Qf saidplat; thence West along the
North Right-qf- Way line of Peninsular Avenue for a distance of'.1 75. 00 ftet to the Southeast
corner of'said West �12 of Lot 32; thence South along the Southerly extension Qf the West line of
the East �12 of Lot 32 for a distance of 60. 00fieet to the South Right -of- Way line of Peninsular
Avenue; thence East along the said South Right -of -Way line of Peninsular Avenue (Northerly
line Qfsaid Lots 2 and 3) for a distance of 175. OO.Pet to the Westerly line of Maloney Avenue;
thence North along the said Westerly line of'Maloney Avenue for a distance of'60. 00 ftet to the
Point of'Beginning
PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS of
Monroe County, Florida, at a regular meeting held on the I 01h of December 2014.
Mayor Danny L. Kolhage
Mayor pro tem Heather Carruthers
Commissioner Sylvia Murphy
Commissioner George Neugent
Commissioner David Rice
Im
Mayor Danriy L. Kolhage
(SEAL)
ATTEST: AMY HEAVILIN, CLERK Approved as to F
Md Legal Sufficiency
Deputy Clerk Assistant County Attorney
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MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCEs DEPARTMENT
To: The Monroe County Board of County Commissioners
Through: Christine Hurley, AICP, Director of Growth Management
Townsley Schwab, Senior Director of Planning & Environmental Resources
From: Joseph Haberman, AlCP, Planning & Development Review Manager
Date: November 19,2014
Subject: A public hearing to consider approval of resolution renouncing and disclaiming
any right of the County and the public in and to a portion of the right-of-way Qf
Peninsular Avenue on Stock Island that is located between Blocks 46 and 60 (east
of the center of Lot 32 in Block 46 and west of Maloney Avenue) in Maloney
Subdivision, as recorded in Plat Book 1, Page 55 qf the Public Records of'
Monroe County, Florida (File 42014-132)
Meeting: November 19, 2014 (Request to Advertise) / December 10, 2014 (Public Hearing)
I EMUEST:
The petitioner has requested abandonment of a portion of the right-of-way of Peninsular
Avenue. The petition involves the segment of Peninsular Avenue that is west of the
Peninsular Avenue and Maloney Avenue intersection.
Page 1 of 6 (File 42014-132)
Proposed Abandonment (outlined/hatched in red)
(Aerial dated 2012)
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Applicant/Petitioners:
Agent: Barton W. Smith, Esq., Smith Oropeza, P.L.
Property Owner: Oceanside Investors LLC
11 REVIEW OF APPLICATION:
The proposed abandoned portion is described as follows:
"Peninsular Avenue, lying between Block 46 and 60, South of the East V2 of Lot 32, Lots 33,
34, & 35 in Square 46, and North of a portion of Lot 2 and Lot 3, Block 60, according to
Maloney's subdivision of a part of Stock Island, Monroe County, Florida as recorded in Plat
Book 1, Page 55, of the Public Records of Monroe County, Florida, and being more
particularly described as follows: Begin at the Southeast comer of Lot '15 of said plat; thence
West along the North Right -of -Way line of Peninsular Avenue for a distance of 175.00 feet
to the Southeast comer of said West 1/2 of Lot 3 )2; thence South along the Southerly extension
of the West line of the East V2 of Lot 32 for a distance of 60.00 feet to the South Right -of -
Way line of Peninsular Avenue; thence East along the said South Right -of -Way line of
Peninsular Avenue (Northerly line of said Lots 2 and 3) for a distance of 175.00 feet to the
Westerly line of Maloney Avenue; thence North along the said Westerly line of Maloney
Avenue for a distance of 60.00 feet to the Point of Beginning"
The road abandonment petition was submitted by one of the only property owners that are
considered affected by the Monroe County Code (MCC).
The following parcels are adjacent to the section of the subject road segment:
Parcel (RE 4)
Platted Lots Adjacent to Segment of
Peninsular Avenue to be Abandoned
Property Owner
00127420.000000
Block 60, Lot 1, Lot 2 and Lot 3
Oceanside Investors LLC
00126210.000000
Block 46, Lot 30
Monroe County
00126220.000000
Block 46, Lot 31
Monroe County
00126230.000000
Block 46, Westerly Y2of Lot 32
Monroe County
00126200.000000
Block 46, Easterly 1/2of Lot 32, Lot
33, Lot 34 and Lot 35
Tortuga West Home -owners
Association
Note I , Parcel is currently in the process of being purchased by Oceanside Investors LLC
The portion of the right-of-way to be abandoned is bounded to the north by part of Lot 32
and Lots 331, 34 and 35, bounded on the west by a previously abandoned portion of the
Peninsular Avenue right-of-way (Resolution #116-2014), bounded on the south by part of
Lot 2 and Lot 3, and bounded on the east by the western boundary line of the Maloney
Avenue right-of-way.
This petition has been reviewed by County staff and utilities and documents of no objection
were received by the following:
a Tortuga West Homeowners Association, Inc. (email dated October 2014)
Page 2 of 6 (File #2014-132)
• Monroe County Engineering Department (memorandum dated October 6, 2014)
• Monroe County Office of the Fire Marshal (email dated October 23, 2014)
• Monroe County Sheriffs Office (letter dated September 23, 2014)
• AT&T (letter dated August 25, 2014)
• Florida Keys Aqueduct Authority (letter dated September 24, 2014)
• Keys Energy Services (letter dated August 20, 2014)
• KW Resort Utilities, Corp. (letter dated September 8, 2014)
• Comcast (letter dated August 25, 2014)
The BOCC has to the authority to grant abandonments of dedicated and accepted rights -of -
way under jurisdiction of the County in accordance with MCC §19-1. MCC §19-1,
Abandonment of rights -of -way, provides the following provisions and criterion for granting
abandonments.
(a) No dedicated and accepted right-qf-way in the county shall be abandoned where:
(1) The right-of-way terminates on a body of open water; or
The portion of the right-of-way to be abandoned is bounded to the north by part of
Lot 32 and Lots 33, '14 and 35, bounded on the west by a previously abandoned
portion of the Peninsular Avenue right-of-way (Resolution # 116-2014), bounded on
the south by part of Lot 2 and Lot 3 ), and bounded on the east by the western
boundary line of the Maloney Avenue right-of-way.
At no point does the subject portion of the right-of-way to be abandoned terminate on
a body of open water.
(2) The right-of-way provides access to the public to land on open water; or
The segment of Peninsular Avenue to the west has already been abandoned pursuant
to Resolution #116-2014.
The subject portion of the right-of-way to be abandoned does not provide access to
the public to land on open water.
(3) The abandonment would preclude a way for the public to maintain access to the
water:
The segment of Peninsular Avenue to the west has already been abandoned pursuant
to Resolution #116-2014.
The subject portion of the right-of-way to be abandoned does not provide access to
the public to land on open water.
(b) In all other cases of abandonment, no right-of-way shall be abandoned unless there is an
agreement to do so by all affected property owners. For purposes of this subsection, an
Page 3 of 6 (File #2014-132)
affectedproperty owner is the owner ofproperry which, if the right-of-way is abandoned,
will:
There are three affected property owners, Oceanside Investors LLC, Monroe County
(property is under contract to purchase by Oceanside Investors LLC) and Tortuga West
Homeowners Association. Oceanside Investors LLC is the applicant. Tortuga West
Homeowners Association submitted documentation stating no objection. If the BOCC
opts to approve this application, the approval shall also constitute the required agreement
by the County as an affected property owner to carry out the abandonment.
(1) Have access that is currently used by that property owner eliminated;
There would be three such affected properties, the Oceanside Investors LLC, the
Monroe County and the Tortuga West Homeowners Association properties. There is
an existing access drive to/from the Oceanside Investors LLC property, as well as
parking area along the property line that required the right-of-way for vehicle
maneuverability purposes, There is an existing access drive to/from the Monroe
County property, as well as parking area along the property line that required the
right-of-way for vehicle maneuverability purposes. There is an existing access drive
to/from the Tortuga West Homeowners Association.
(2) Have the only platted access eliminated;
There would be one such affected property, the Monroe County property.
The only platted access to/from the Monroe County property occurs from the western
end of Peninsular Avenue. Abandonment of the right-of-way would require land
access over the property owned by Oceanside Investors LLC and/or Tortuga West
Homeowners Association.
Oceanside Investors LLC is under contract to purchase the Monroe County property.
This sale is scheduled to be finalized at the December 10, 2014 meeting. if the
property is brought under common ownership with the Oceanside Investors LLC and
aggregated for the purposes of development, there would be platted access. A
proposed site plan for the Oceanside Investors LLC and Monroe County properties
shows access to/from the properties occurring from access drives located east of
Maloney Avenue.
(3) Have the paved area adjacent to that property increased for turn -around purposes;
or
There would be no such affected property. The abandonment of the subject portion of
the right-of-way would eliminate the need for a public turn -around area on Peninsular
Avenue west of Maloney Avenue (public traffic would no longer be able to turn west
at the Peninsular/Maloney Avenue intersection and would be required to turn east).
Page 4 of 6 (File #2014-132)
(4) Be increased in size.
There are two such affected properties, the Oceanside Investors LLC and Tortuga
West Homeowners Association properties. Both would be increased in size as a result
of the abandonment (with Oceanside Investors LLC property receiving the vacated
portion south of the centerline and Tortuga West Homeowners Association receiving
the vacated portion north of the centerline).
(c) A road may be abandoned only at the terminal portion of the road and in its full width
unless the abandonment will comply with the County Code requirements for road, turn-
around, andfire-rescue access and one of thefollowing circumstances exists.,
(1) An adjacent lot owner has on the platted right-of-way or within a setback a
substantial structure which predates the Special Session Law 59-1578 pertaining to
maps, plats and right-of-way. The term "substantial structure" specifically does not
include wood or metal fences, sheds or tiki huts or other items not listed which are
accessory structures.
There is an existing principal structure within the 25' front yard setback along the
Peninsular Avenue right-of-way on the Tortuga West Homeowners Association
property. The proposed abandonment would effectively eliminate this nonconformity
by adding land area to the property south of the structure and reducing the setback
requirement from a 2 5' front yard requirement to a 10' side yard requirement,
The abandonment of the subject portion of the right-of-way would eliminate the need
for a public turn -around area on Peninsular Avenue west of Maloney Avenue (public
traffic would no longer be able to turn west at the Peninsular/Maloney Avenue
intersection and would be required to turn east).
Note: As of the date of this report, a proposed site plan has not been submitted for the
Tortuga West Homeowners Association property. It is assumed that a private
driveway will be located in the area of the abandoned road in order to serve as
additional second access point to and/or from the Tortuga West Homeowners
Association property (there is a separate existing access point to/from Maloney
Avenue).
(2) The abandonment is requested by a county department or governmental agencyfor a
public purpose.
The abandonment is requested by a private property owner, not by a County
department or governmental agency.
(d) The board of county commissioners considers these a restriction on the rights of
individuals who desire to abandon properties in accordance with F S. §33 6.09,
Not applicable.
Page 5 of 6 (File #2014-132)
2 111 RECOMMENDATION:
4 The Growth Management Division recommends approval.
Page 6 of 6 (File #2014-132)
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Agent:. Barton W. Smith, Esq.
Type of Applicatimon: Road Abandonment
I a gmLl al
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County of Monroe
Growth ManagerneTitDiwsiuii
Planni
Lng-& Environmental Resources
Department
2798 Overseas Hiobway, Suite 410
Marathon, FL 33050
Voim (305) 289-2-500
FAX: (305)289-2536
Dear Applicant:
Board of Countv Commissioners
Mayor Sylvia Murphy. Dist. 5
Mayor Pro Tern Danny L. Kolhage, Dist. I
Heather Carruthers, Dist, 3
David Rice, Dist. 4
George Neugent, Dist. 2
Date: 01K 14
Time:
This is to acknowledge submittal of your application for 4!Q-J A7LQftL-)Me-fd—
Type of application
to the Monroe County Planning Department.
Pro�ject / Narne
Planning Staff
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PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
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Road Abandonment Pet tion
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An application must be deemed complete and in compliance "Uh the Monroe County Code by e Staff
prior to the item being schedule view
Road Abandonment Application Fee: $1,533.00
In addition to the q1,)1)1icafionfte, thejbllowingfiees also aj)J)�v:
Advertising Costs: $245M
Date of Submittal: o8 / 27 2014
Month Day Year
Property Owner / Petitioner:
Oceanside Investors, LLC
Name
10 10 Kennedy Dr.. Suite 302 Key West, FL 33040
Mailing Address (Street, City, State, Zip Code)
Please see Agent
Daytime Phone
Please see Agent
Email Address
Agent (if applicable):
Barton W. Smith, Esq., Smith Oropeza, PL
Name
138-142 Simonton St., Key West, FL 33040
Mailing Address (Street, City, State, Zip Code)
305-296-7227
Daytime Phone
bar-tCa,smithoropeza.com; nick@sinithoropeza.coni
Email Address
Description of roadway to be abandoned:
Roadway to be abandoned is West end of Peninsular Avenue, South Stock Island. Road is
approximately 175 feet long and approximately 60 feet wide.
Petitioners seek the abandonment for the following reasons:
Abandonment is sought to allow current road area to be subsumed into Oceanside Investors
adjacent parcel to facilitate development of parcel.
Legal description of contiguous property in which the abandoned roadway would become part:
(If in metes and bounds, attach legal description on separate sheet)
Legal Description of Oceanside Investors, LLC Property and Tortuga West Homeowner's Association, Inc.
Property at Tab I
Page I of 4
Block Lot
Real Estate (RE) Nuniber
Street Address (Street, City, State, Zip Code)
Present use of the roadway to be abandoned:
Proposed use of the roadway to be
abandoned:
%141LR �%' � 10,111
Subdivision
Alternate Key Number
Approximate Mile Marker
Total land area of the roadway to be abandoned:
None
Key (Island)
Development of Oceanside Investors, LLC's
adjacent parcel
Approximately 10,500 square feet
Please provide all reasons for why the county, should grant the road abandonment (if necessary, attach
additional shects):
Abandonment will optimize use of petitioneCs property and provide a benefit to the County by
improving surrounding area, including increasing property values and decreasing criniinal activity.
Abandonment will prevent errant traffic flow frorn disturbing adjacent residential community,
Monroe County Code Section 19-1 - Abandonment of rights -of -way states:
Z�
(a) No dedicated and accepted right-of-way in the county shall be abandoned where:
(1) the right-of-way terminates on a body of open water; or
(2) the right-of-way provides access to the public to land on open water; or
(3) the abandonment would preclude a way for the public to maintain access to the water.
(b) In all other cases of abandonment, no right-of-way shall be abandoned unless there is an agreement to
do so by all affected property owners. For purposes of this subsection, an affected property owner is
the owner of property which, if the riglit-of-way is abandoned, will:
(1) Have access that is currently used by that property MA'Dereliminated;
(2) Have the only platted access eliminated;
(3) Have the paved area adjacent to that property increased for turn -around purposes; or
(4) Be increased in SiZe.
(c ) A road may be abandoned only at the terminal portion of the road and in its full width unless the
abandonment will comply with the County Code requirements for road, tum-around, and fire -rescue
access and one of the following circumstances exists:
(I ) An adjacent lot owner has on the platted right of way or within a setback a substantial
structure which predates the Special Session Law 59-1578 pertaining to maps, plats and light
of way. The term "substantial structure" specifically does not include wood or metal fences,
sheds or tiki buts or other items not listed which are accessory structures.
(2) The abandonment is requested by a County department or goverturiental agency for a public
purpose.
(d) The board of county commissioners considers these a restriction on the rights of individuals who
desire to abandon properties in accordance with F.S. § 336,09.
Page 2 of 4
L:i�l Rc%i,,vd 0- 20J0
All 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)
El Complete road abandonment application (unaltered and unbound)-,
Correct fee (check or money order to Monroe County Planning & Environmental Resources);
LJ Legal description of the portion of the roadway to be abandoned in metes and bounds; ATTACHED
AT TAB 2.
El Proof of ownership of the petitioner's property(s) (i.e. Warranty Deed); ATTACHED AT'FAB 3�
El Current Proper", Record Card(s) from the Monroe County Property Appraiser for the
petitioner's property; ATTACHED AT TAB 4.
ID Location map (i.e. copy of strip map, aerial photograph); ATTACHED ATTAB 5.
El Photograph(s) of the roadway to be abandoned; ATTACHED ATTAB 6.
El Signed and Sealed Survey of roadway to be abandoned and all adjoining properties, prepared by a
Florida registered surveyor — 12 sets (At a minimum, survey should include a legal description of the
roadway; elevations; location and dimensions of all existing structures, paved areas and utility structures;
roadways and easements; and all bodies of water on the site and adjacent to the site. The portion of the
roadway to be abandoned should be marked with diagonal lines and the petitioner's property should be
clearly delineated); INCLUDED.
Letters of "No Objection" from all utility companies (Florida Keys Aqueduct Authority (FKAA);
Florida Keys Electric Cooperative (FKEC) o r Keys Energy Services; telephone utility, gas utility, cable
utility, wastewater treatment authority, etc.); LETTERS FROlM MONROE COUNTY SHERRIFF'S
OFFICE, KEYS ENERGY SERVICES, CONICAST, AND AT&-r PROVIDED, ADDITIONAL REQUIRED
LETTERS TO BE PROVIDED SUBSEQUENT TO APPLICATION SIJBMISSION,
ElLetters of "No Objection" from all affected property owners (an affected property owner is a) one who
would have a means of access to his or her property closed off as a result of the abandonment even though
lie or she may not actually use the right-of-way prior to abandonment or b) one whose property abuts the
portion of the roadway to be abandoned); LETTER FROM TORTUGA WEST HOMEOWNER'S
ASSOCIATION, INC. TO BE PROVIDED SUBSEIQUJI, NTTO APPLICATION SUBMISSION.
[] IF A CUL-DE-SAC OR "T-TYPE" TURNAROUND IS REQUIRED to be constructed, it will be the
responsibility of the Petitioner, if the road to be abandoned will result in an existing rock or paved road
being shortened. See Monroe County Code §9.5-296(p). Your petition should specifically state your
aureement to construct either the cul-de-sac or "T-type" turnaround per County Standard Specifications and
Details. (Should you need additional information regarding this matter, please contact the Monroe County
Engineering Department directly by phoning (305) 292-4427). APPLICANT DOES NOT
ANTICIPATE THAT A CUL-DE-SAC ORT-TYPE TURNAROUND IS REQUIRED, HOWEVER
APPLICANT AGREES TO CONSTRUCT A CUL-DE-SAC OR T-TYPE TURNAROUND PER
COUNTY STANDARD SPECIFICATIONS AND DETAILS IF REQUIRED.
If applicable, the following must be submitted in order to have a complete application submittal:
Z5
ElNotarized Agent Authorization Letter (note: authorization is needed from all owner(s) of the sul�ject
property) PREVIOUSLY SUBMrrTED.
If deerned necessary to complete a full review of the application, the Planning & Environmental Resources
Department reserves the right to request additional inforrnation.
Page 3 of 4
RoPrfltl- 2110
it t I ) I � 1, ( k' � � 0 N
Petitioners agree to be responsible for and pay for all costs of advertising and recording fees incurred relative to
this request for the abandonment. The filing of a petition does not entitle one to abandonment.
Petitioners further agree to grant any easement necessary for the furnishing of utilities, including without
limitation, electric power, water, sewer, telephone, gas, cable and other cleenic communication services to the
same extent as is comition within this area as to height, width and degree, upon request for such service or by the
BOCC through its authorized agents. if easements are so required, copies of the executed documents will be
4:!
provided to the County before the petition is presented to the BOCC.
Petitioners certify that the road to be abandoned does not end at open water or that, if it does, the road is not a
dedicated and accepted right-of-way (including by operation of law due to construction or maintenance by the
County).
We hereby petition the Honorable Board of County Commissioners to renounce and disclaim any right of
the County and the public in and to the above -referenced street, alleyway, road or right-of-way as further
depicted and described in the attachments.
By signing below, I certify that I am familiar with the inforniatiOD contained in this application, and that to the
best of my knowledge such inforniation is true, complete and accurate.
Signature of Applicant: Date:
n �t—
Sworn before me this "'I _ day of
Please send the complete application package to the Monroe County Planning & Environmental Resources
Department, Marathon Government Center, 2798 Overseas Highway, Suite 400, Marathon, FL 33050�
Page 4 of 4
i kvd 0- 20 � 0
WNW, WM'N
99922��
IM
rim
Maim
Flodda Rewr&, Book One P*ge 55, Mmum
kliVI-W
mp�%
ng at a Point on the Soudi baua&7 line Of Peninsula Am-
67 SM� Rwp 25 Eav
Monroa County, FlojidL,
ALSO
On the bhmd knwAm -bed nowrdiug to th-0 GtOTe McDona]d' p of a f
as Stoak 1slaad and d*m
Island, recorded in PW Book 1, pap 55, Monroe Cowgy� Florid.% as fbnom: Stock
Lob Two (2) and Thft (3) mi Blo& Sbdy (60).
ALSO
I
NOW
TOI
COmmtnw at tht NOrthwdst Myna Of Lot 2, Black 60, according to Gemw, mcruv-dVIR Plot f
F-34MM10 Wimsmt 11
NMI NAOMI
mom or las; dience slang the Um High Water Lin,
the fbHDwmg coutses.- (NOTE. Mining OfEm 376ZO) A
RUE�� �-,T I
� N--M-
Comraence at ft pofn'of 'utwse�*w of Ow CcMtOrlinc Of MSIORCY Aveaw wfth the me ofpen Sulu
Avenue; thenm SOIA SIOng the carterflne of centedi in
M8IOncY Avenue and the Soutberly extenslan ldlerwf for & &qffllce
I
�j � M
Lots 29, 33, 34, 35 and the Easterly one-half of Lot 32, Block 46, according to Maloney's subdivision of a
part of Stock Island, Monroe County, Florida as recorded in Plat Book 1, at Page 55, of the Public Records
of Monroe County, Florida,
The Norther])( V2 of Peninsular Avenue, lying between Block 46 and 60, South of Lots '10, 31 and
the West '/2of Lot 32, in Square 46, and North of a portion of Lot 2 and Lot 3), Block 60, according
to Maloney's subdivision of a part of Stock Island, Monroe County, Florida, as recorded in Plat
Book 1, Page 55, of the Public Records of Monroe County, Florida and being more particularly
described as follows:
Begin at the Southeast comer of Lot 35 of said plat, thence West along the North right-of-way line
of Peninsular Ave. for a distance of 175.00 feet to the Southeast corner of the said West V2 of Lot
32, thence South along the Southerly extension of the West line of the East '/2 of Lot 32 for a
distance of 30.00 feet to the Centerline of Peninsular Ave.; thence East along the said Centerline
of Peninsular Ave., a distance of 175.00 feet to the Westerly line of Maloney Avenue; thence North
along the said Westerly line of Maloney Avenue for a distance of '30.00 feet to the Point of
Beginning
AND
The Southerly 1/2 Peninsular Avenue, lying between Block 46 and 60, South of Lots 3 0, 31 & tile
West 1/2 of Lot 32, in Square 46, according to Maloney"s subdivision of a part of Stock Island,
MonroeCOUDty, Florida, as recorded in Plat Book 1, Page 55 of the Public Records of Monroe
County, Florida, and being more particularly described as follows:
Cornnience at the Southeast comer of Lot 35 of said plat, thence South alonc, the Westerly Lille of
zn
Maloney Ave. for a distance of 30.00 feet to the Point of Beginning; thence continue South along
the West line of Maloney Ave. for 30.00 feet to the Southerly line of Peninsular Avenue; thence
West along the said Southerly line of Peninsular Avenue (Also being tile Northerly line of said
Lots 2 and 3, Block 60), for a distance of 175.00 feet to the Southerly extension of the West Line
of the East '/2 of said Lot 32, Block 46; thence North along the said Westerly line of the East '/2 o f
Lot 32 for 30.00 feet to the Centerline of Peninsular Avenue, thence East along the said Centerline
of Peninsular Avenue for 175.00 feet to the Point of Beginning.
WAAF
This document was prepared by
Rod should be returned to:
Brian M. Jones, Esq.
SHUTTS & BOWEN LLP
300 S. Orange Avenue, Suite 1000
Orlando, Florida 32SO]
U93111
THAT ATLAS FL 11 SPE LLC, a North Carolina limited liability company (hereinafter
referred to as "Grantor"), for and in consideration of the sum of Ten and No/100 Dollars
($10.00) and other good and valuable consideration to it in hand paid by OCEANSIDE
INVESTORS LLC, a Florida limited liability company (hereinafter referred to as "Grantee"),
whose mailing address is 1010 Kennedy Dr, Suite 302, Key West, FL 33040, the receipt and
sufficiency of which consideration are hereby acknowledged, and upon and subject to the
exceptions, liens, encumbrances, terms and provisions hereinafter set forth and described, has
GRANTED, BARGAINED, SOLD and CONVEYED, and by these presents does hereby
GRANT, BARGAIN, SELL and CONVEY, unto Grantee all of the real property situated in
Monroe County, Florida, described on Exhibit A attached hereto and made a part hereof for all
purposes, together with all and singular the rights, benefits, privileges, easements, tenements,
hereditaments and appurtenances thereon or in anywise appertaining thereto, and together with
all improvements located thereon and any right, title and interest of Grantor in and to adjacent
streets, alleys and rights -of -way (said land, rights� benefits, privileges, easements, tenements,
hereditaments, appurtenances, improvements and interests being hereinafter referred to as the
"Property'),
This conveyance is made subject and subordinate to those encumbrances and exceptions
set forth on Exhibit B attached hereto and made a part hereof for all purposes and all other
matters of record affecting the Property (collectively, the "Permitted Exceptions").
TO HAVE AND TO HOLD the Property, subject to the Pen-nitted Exceptions, as
aforesaid, unto Grantee, its successors and assigns, forever; and Grantor does covenant with
Grantee that, except for the Permitted Exceptions, at the time of delivery of this Special
Warranty Deed, the Property is free from all encumbrances made by Grantor, and Grantor will
WARRANT AND DEFEND all and singular the Property unto Grantee, its successors and
assigns, against the lawful claims and demands of all persons claiming by, through or under
Grantor, but not otherwise.
By acceptance of this Special Warranty Deed, Grantee acknowledges and agrees that any
and all liability hereunder of Grantor, its agents, representatives or employees, including the
Special Warranty of title herein contained, shall be limited to and satisfied solely from the
Grantor's proceeds from the Property.
By acceptance of this Special Warranty Deed, Grantee assumes payment of all real
property taxes on the Property for the year 2013 and subsequent years,
ORLDOCS 129558971
&Atw
IN WITNESS WHEREOF, this Special Warranty Deed has been executed by Grantor to
be effective as of June t'll 1
2013.
Signed, sealed and delivered in the presence of ATLAS FL Il SPE LLC, a North Carolina
the following witnesses: limited liability company
Print ame:
f
Print WaQ /,->/jt
7- -
/-�z
THE STATE OF
COUNTY OF
By:
Print N IZZ
As Its-
is instrurpent was acknowledged efore e on
the Vex- zeg
LLC, a North Ca ina limited liability company, on behaj fsai(
fW�S BRIAN K BENNETT No
j Notary Public - State of Florida
My Comm. Expires May 9. 2014
COMM'SSjOn # W) 9RQ7,flE—.
REM
Name of Notary
My Commission Expires:
ORLDOCS 129558971 2
THE LAND
2 a ffild 01
LWLPREdmign
UNITS NO. j-4, J�6, J-9, j-11 AND 3-12 IN OCEANSIDE EAST DRY STORAGE CONDOMINIUM,
ACCORDING TO THE DECLARATION OF CONDOMINIUM THEREOF, AS RECORDED IN OFFICIAL
RECORDS BOOK 1918, PAGE 1967, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, AND ANY
AMENDMENTS THERETO (THE"CONDOMINIUM PARCELS"),
TOGETHER WITH EACH UNIT'S INTEREST IN THE NON-EXCLUSIVE EASEMENT FOR INGRESS AND
EGRESS TO A LAUNCHING SITE AS MORE PARTICULARLY DESCRIBED IN THAT GRANT OF EASEMENT
RECORDED IN OFFICIAL RECORDS BOOK 1915, PAGE 92, OF THE PUBLIC RECORDS OF MONROE
COUNTY, FLORIDA, AND THE NON-EXCLUSIVE EASEMENTS FOR INGRESS, EGRESS, UTILITIES,
DRAINAGE1 ENCROACHMENTS AND MAINTENANCE AS MORE PARTICULARLY DESCRIBED IN THAT
GRANT OF EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 1915, PAGE 100, OF THE PUBLIC
NECORDS OF MONROE COUNTY, FLORIDA.
TOGETHER WITH
THAT PARCEL OF LAND (THE "NON -CONDOMINIUM LAND") AS MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF LOT 3, BLOCK 61, "GEORGE MCDONALDS PLAT OF A
PART OF STOCK ISLAND", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE
55, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE SOUTH 00c' 00' 00" EAST,
ALONG THE EAST LINE OF SAID LOT 3, A DISTANCE OF 256,64 FEET MORE OR LESS TO THE
WATERWARD BOUNDARY LINE AS OF JULY 1, 1975, AND THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED LINE; THENCE SOUTH 88' 44'58" WEST, A DISTANCE OF 58.05 FEET; THENCE SOUTH 811,
2620" WEST, A DISTANCE OF 13.41 FEET; THENCE SOUTH 480 22'45" WEST, A DISTANCE OF 7.77
FEET; THENCE SOUTH 09- 5520" WEST, A DISTANCE OF 8.55 FEET; THENCE SOUTH 000 10'09"
WEST, A DISTANCE OF 178.89 FEET; THENCE SOUTH 01- 46 07" WEST, A DISTANCE OF 53-90 FEET;
THENCE SOUTH 060 39'38" WEST, A DISTANCE OF 34.06 FEET; THENCE NORTH 800 11' 10" WEST, A
DISTANCE OF 19.75 FEET; THENCE NORTH 060 04'32" EAST, A DISTANCE OF 30.53 FEET; THENCE
NORTH 020 25' 50" EAST, A DISTANCE OF 53.34 FEET- THENCE NORTH 16- 29, 47" WEST, A DISTANCE
OF 23.38 FEET; THENCE NORTH 400 25' 19" WEST, A DISTANCE OF 21.08 FEET; THENCE NORTH 630
50'22" WEST, A DISTANCE OF 18.30 FEET; THENCE SOUTH 881 24'25" WEST, A DISTANCE OF 48.58
FEET; THENCE SOUTH 80- 34'05" WEST, A DISTANCE OF 12.37 FEET; THENCE SOUTH 81, OV 04"
WEST, A DISTANCE OF 38.31 FEET; THENCE SOUTH 770 1642" WEST, A DISTANCE OF 50.24 FEET;
THENCE SOUTH 680 46- 49" WEST, A DISTANCE OF 24,66 FEET; THENCE SOUTH 410 39'38" WEST, A
DISTANCE OF 17.34 FEET, THENCE SOUTH 050 19� 44"WEST, A DISTANCE OF 26.43 FEET; THENCE
SOUTH 00- 57- 38" WEST, A DISTANCE OF 45.02 FEET; THENCE SOUTH 10- 31- 54" EAST, A DISTANCE
OF 26.49 FEET; THENCE SOUTH 14- 28' 10" EAST, A DISTANCE OF 29.44 FEET; THENCE SOUTH 340 09'
ORLDOCS 12955997 1
00" EAST, A DISTANCE OF 10.17 FEET; THENCE SOUTH 650 59'42" EAST, A DISTANCE OF 13.79 FEET;
TH ENCE SOUTH 860 2 V 21 " EAST, A DISTANCE OF 27,69 FEET; THENCE NORTH 870 00' 36" EAST, A
DISTANCE OF 46.24 FEET; THENCE NORTH 81- 58'32" EAST, A DISTANCE OF 35.50 FEET; THENCE
SOUTH 870 38'26" EAST, A DISTANCE OF 10-36 FEET; THENCE SOUTH 00c'00'45" WEST, A DISTANCE
OF 38.74 FEET; THENCE SOUTH 071 1700" WEST, A DISTANCE OF 50.37 FEET; THENCE SOUTH 011,
31- 11" WEST, A DISTANCE OF 60.24 FEET; THENCE SOUTH 03'0 09'56" EAST, A DISTANCE OF 56.98
FEET; THENCE SOUTH 01- 1735" WEST, A DISTANCE OF 67.9-3 FEET; THENCE SOUTH 241 2736"
WEST, A DISTANCE OF 20.05 FEET; THENCE NORTH 700 0727" WEST� A DISTANCE OF 30.56 FEET;
THENCE NORTH 390 29'04" WEST, A DISTANCE OF 35.3�4 FEET; THENCE NORTH 200 28'48" WEST, A
DISTANCE OF 25.13 FEET; THENCE NORTH 75- 38- 40"WEST, A DISTANCE OF 38.00 FEET; THENCE
NORTH 450 33' 20" WEST, A DISTANCE OF 17.49 FEET; THENCE NORTH 23" 30' 00" WEST, A DISTANCE
OF 28.68 FEET; THENCE NORTH 431 31'59" WEST, A DISTANCE OF 14.41 FEET; THENCE SOUTH 880
32'44" WEST, A DISTANCE OF 24.78 FEET; THENCE SOUTH 710 33'38" WEST, A DISTANCE OF 41.80
FEET; THENCE SOUTH 89- 52'50" WEST, A DISTANCE OF 42.77 FEET, THENCE SOUTH 82- 14- 18"
WEST, A DISTANCE OF 32.99 FEET; THENCE SOUTH 73- IT 44" WEST, A DISTANCE OF 19.18 FEET;
TH ENCE SOUTH 790 38' 41 " WEST, A DISTANCE OF 2 6.3 5 FEET; THENCE SOUTH 82- 50' 54" WEST, A
DISTANCE OF 32.20 FEET; THENCE SOUTH 88- 27 31" WEST, A DISTANCE OF 22.15 FEET; THENCE
NORTH 630 04' 54" WEST, A DISTANCE OF S. 73 FEET; THENCE SOUTH 5611 22' 23 " WEST, A DISTANCE
OF 7.38 FEET; THENCE SOUTH 851 25' 56" WEST, A DISTANCE OF 43.08 FEET; THENCE NORTH 831, 45'
01" WEST, A DISTANCE. OF 31.16 FEET; THENCE SOUTH 87- 16- 53" WEST, A DISTANCE OF 45.21
FEET; THENCE SOUTH 861 20'31" WEST, A DISTANCE OF 54.32 FEET; THENCE SOUTH 88c, 07,13"
WEST, A DISTANCE OF 64.34 FEET; THENCE NORTH 8,90 56'25" WEST, A DISTANCE OF 65.13 FEET;
THENCE NORTH 880 59' 04" WEST, A DISTANCE OF 52.42 TO THE POINT OF TERMINUS AND THE END
OF THE HEREIN DESCRIBED LINE.
2-110z".1
AND ALSO
BEING AT A POINT ON THE SOUTH BOUNDARY LINE OF PENINSULA AVENUE, 382 FEET DISTANT AND
WEST OF THE INTERSECTION OF THE SOUTH BOUNDARY LINE OF PENINSULA AVENUE WITH THE
WEST BOUNDARY LINE OF MALONEY AVENUE, FROM SAID POINT OF BEGINNING/ CONTINUE IN A
WEST DIRECTION ALONG THE SOUTH BOUNDARY LINE OF PENINSULAR AVENUE EXTENDED A
DISTANCE OF 418 FEET; THENCE AT RIGHT ANGLES AND IN A SOUTHERLY DIRECTION A DISTANCE OF
520 FEET, THENCE AT RIGHT ANGLES AND IN AN EASTERLY DIRECTION A DISTANCE OF 600 FEET;
THENCE AT RIGHT ANGLES AND IN A NORTHERLY DIRECTION A DISTANCE OF 184 FEET4 THENCE
MEANDERING THE HIGH WATER LINE IN A NORTHWESTERLY AND NORTHEASTERLY DIRECTION A
DISTANCE OF 450 FEET, MORE OR LESS, TO THE POINT OF BEGINNING AND BEING IN A SUBDIVISION
OF LOTS 1, 2, 3, 5 AND 6 OF SECTION 35, LOT 2 OF SECTION 36, LOT 3 OF SECTION 26, LOT 2 OF
SECTION 34, TOWNSHIP 67 SOUTH, RANGE 25 EAST, MONROE COUNTY, FLORIDA.
ALSO
PARCEL C:
ORLDOCS 129558971 4
A PARCEL OF SUBMERGED LAND IN HAWK CHANNEL IN SECTION 36, TOWNSHIP 67 SOUTH, RANGE 2�
EAST, STOCK ISLAND, MONROE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 1, BLOCK 60 OF THE PLAT OF STOCK ISLAND AS
RECORDED IN PLAT BOOK 1, PAGE 55, PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE
RUN WEST ALONG THE NORTH LINE OF SAID LOT I AND THE WESTERLY EXTENSION THEREOF FOR A
DISTANCE OF 600 FEET TO THE NORTHWEST CORNER OF A PARCEL 0
1 all WIT.11 I plZur-11
A
ALSO
PARCEL D:
ON THE ISLAND KNOWN AS STOCK ISLAND AND DESCRIBED ACCORDING TO THE GEORGE
MCDONALD'S PLAT OF A PART OF STOCK ISLAND, RECORDED IN PLAT BOOK 1, PAGE 55, MONROE
COUNTY, FLORIDA AS FOLLOWS:
LOTS TWO (2) AND THREE (3) IN BLOCK SIXTY (60),
00fle
0 A I ' I p . A I � - . I iiiiii a I a , w
IMIARCIMA-75 NPIA01FIR.92014 I
a all
ALSO
PARCEL F:
ON THE ISLAND KNOWN AS STOCK ISLAND AND DESCRIBED ACCORDING TO GEORGE L. MCDONALD'S
PLAT OF A PART OF SAID STOCK ISLAND, RECORDED IN PLAT BOOK ONE (1), PAGE 55, MONROE
COUNTY, FLORIDA, AS FOLLOWS:
LOTS ONE (1) AND TWO (2) IN BLOCK SIM ONE (61), TOGETHER WITH A PARCEL OF SUBMERGED
ORLDOCS 12955897 1
I 1=191 ILI I Its] m;A
PARCEL G:
LOT 3 IN BLOCK 61 OF STOCK ISLAND AS SHOWN ON PLAT OF SAID STOCK ISLAND MADE BY GEORGE
L. MCDONALD AND RECORDED IN PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF MONROE
COUNTY, FLORIDA.
0AWN
PARCEL H:
THE PORTION OF MALONEY AVENUE LYING BETWEEN BLOCKS 60 AND 61 OF GEORGE L. MCDONALD'S
PLAT OF A PART OF STOCK ISLAND, AS RECORDED IN PLAT BOOK 1, PAGE 55, OF THE PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA.
PARCELI:
A PARCEL OF FORMERLY SUBMERGED LAND IN HAWK CHANNEL IN SECTION 35, TOWNSHIP 67 SOUTH,
RANGE 25 EAST, MONROE COUNTY, FLORIDA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
DUN* wx
a&lisl
PARCELJ:
0 1' - 1,1 0 - I i
N 14" 11 11
0 - W
I . I
A
A
ins
ORLDOCS 12955897 1 6
k4 A V:W
MISSING CALL OF EAST 376.50')
THENCE 87000 DEFLECTED LEFT (DL), 200 FEET, MORE OR LESS,
THENCE 27000 DEFLECTED LEFT, 30.00 FEET, MORE OR LESS,
THENCE 38G30 DEFLECTED RIGHT, 18.5 FEET� MORE OR I ESS;
THENCE 40QOO DEFLECTED LEFT, 13.0 FEET, MORE OR LESS;
THENCE 46050 DEFLECTED RIGHT, 45.0 FEET, MORE OR LESS;
THENCE 72000 DEFLECTED LEFT� 75.5 FEET, MORE OR LESS;
THENCE 27000 DEFLECTED RIGHT, 25.0 FEET, MORE OR LESS;
THENCE 64000 DEFLECTED RIGHT, 94,5 FEET, MORE OR LESS;
THENCE 47020 DEFLECTED RIGHT, 52.5 FEET, MORE OR LESS;
THENCE 37"40 DEFLECTED LEFT, 37.5 FEET, MORE OR LESS;
THENCE 54"15 DEFLECTED LEFT, 24.5 FEET, MORE OR LESS;
THENCE 72"00 DEFLECTED LEFT, 40.0 FEET, MORE OR LESS;
THENCE 28020 DEFLECTED LEFT, 118,5 FEET, MORE OR LESS;
THENCE 56010 DEFLECTED LEFT, 231.9 FEET, MORE OR LESS;
THENCE WEST, 378.80 FEET BACK TO THE POINT OF BEGINNING.
LESS (CONDOMINIUM):
A PARCEL OF LAND LOCATED IN SECTION 36, TOWNSHIP 67 SOUTH, RANGE 25 EAST, STOCK ISLAND,
MONROE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
ll� p
9 110 Lei WillattlowAL's 2 WI alien I; I= lie] ILI AWN] 0 V
4*&121-rm
ORLDOCS 12955897 1 7
w(9blu*x'"z
PX'i I OF 5T - C& ISLAND, AS RECORDED IN
PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, AND THE SAID
PARCEL BEING DESCRIBED BY METES AND BOUNDS AS FOLLOW&
"Wil "-Ai"1114 ' I I A - 114a� 61110 011-1
W111111145111 loll,
ORLDOCS 129558971 8
AM I ILI IMM W 9-0 ILI ILI I ILI L��
I I
IQ LOUNN81AM-9111MAO to] 31 CMAO I lox ip
DPLDOCS 129558971
ki--T7-W,
Permitted Exceptions
I Reservations contained in Deed from the Trustees of the Internal Improvement
Fund of the State of Florida, filed March 29, 1960 in Book 180, Page 3 81 . Note -
The right of entry has been released pursuant to S270.1 1, F.S.
2. State of Florida Department of Administration Division of State Planning
Affidavit Regarding the Florida Keys Area of Critical State Concern recorded
August 13,1976 in Book 668, Page 43.
3. Easement granted to The Utility Board of the City of Key West, Florida by
instrument recorded March 19,2002 in Book 1769, Page 863.
4. Grant of Non -Exclusive Easement granted to Oceanside Development
Corporation, a Florida corporation and Oceanside Residential Condominium
Association, Inc., a Florida not -for -profit corporation by instrument recorded
March 19, 2002 in Book 1769, Page 115 1.
5. Grant of Non -Exclusive Easement and Provider Agreement granted to Oceanside
Development Corporation, a Florida corporation and Oceanside Residential
Condominium Association, Inc., a Florida not -for -profit corporation by
instrument recorded March 19, 2002 in Book 1769, Page 1164.
6. The right, title or interest, if any, of the public to use as a public beach or
recreation area any part of the Land lying between the water abutting the Land
and the most inland of any of the following: (a) the natural line of vegetation; (b)
the most extreme high water mark; (c) the bulkhead line, or (d) any other line
which has been or which hereafter may be legally established as relating to such
public use. Tenns and conditions of any existing unrecorded lease(s), and all
rights of lessee(s) and any parties claiming through the lessee(s) under the
lease(s).
7. Rights of the United States Government to that part of the Land, if any, being
artificially filled *in land in what was formerly navigable waters arising by reason
of the United States Government control over navigable waters in the interest of
navigation and commerce.
8. Any adverse ownership claim by the State of Florida by right of sovereignty to
any part of the Land that is, as of the Date of Policy or was at any time previously,
under water (submerged).
9. Reservation(s) in favor of the Trustees of the Internal Improvement Fund of the
State of Florida contained in the Deed recorded November 16, 1964 in Book 325,
Page 595, as to: a. 3/4 interest in all phosphate, mineral and metal rights. b. 1/2
interest in all petroleum rights. c. Rights of exploration in conjunction with
ORLDOCS 129558971 10
ilcl
phosphate, mineral, metal and/or petroleum rights have been released pursuant to
Florida Statute 270:.11(2).
10. Storm Sewer Easement to the State of Florida for the use and benefit of the State
Road Department of Florida recorded September 27, 1966 in Book 379, Page
1033.
11. Drainage Easement in favor of the State Road Department of Florida recorded
October 21, 1966 in Book 381, Page 225,
12. Reservation in favor of the Trustees of the Internal Improvement Fund of the
State of Florida contained in the Deed recorded January 29, 1970 in Book 446,
Page 255, as to: a. 3/4 interest in all phosphate, mineral, and metal rights b. 1/2
interest in all petroleum rights. c. Rights of exploration in conjunction with
phosphate, mineral, metal and/or petroleum rights have been released pursuant to
Florida Statute 270.1](2).
13. Reservation in favor of the Trustees of the Internal Improvement Fund of the
State of Florida contained in the Deed recorded March 26, 1973 in Book 534,
Page 198, as to: a. 3/4 interest in all phosphate, mineral, and metal rights. b. 1/2'
interest in all petroleum rights. c. Rights of exploration in conjunction with
phosphate, mineral, metal and/or petroleum rights have been released pursuant to
Florida Statute 270.11(2).
14. Easement in favor of the Utility Board of the City of Key West recorded January
27, 1977 in Book 690, Page 313.
15. Reservation in favor of the Trustees of the Internal Improvement Fund of the
State of Florida contained in the Deed recorded December 6, 1985 in Book 959,
Page 2354, as to: a. 3/4 interest in all phosphate, mineral, and metal rights. b. 1/2
interest in all petroleum rights. c. Rights of exploration in conjunction with
phosphate, mineral, metal and/or petroleum rights have been released pursuant to
Florida Statute 270.11(2).
16. Grant of Non -Exclusive Access and Parking Easement Agreement in favor of
Oceanside Marina Condominium Association, Inc., as recorded July 1, 1997 in
Book 1464, Page 1517.
17. County Ordinance 10-77, providing for the annual levy on garbage and trash
collection fees to be assessed upon this parcel of land.
18. Grant of Easement (Launching) as recorded August 1, 2003 in Book 1915, Page
92.
19. Grant of Easement (Ingress, Egress, Utilities, Drainage, Encroachments and
Maintenance) as recorded August 1, 2003 in Book 1915, Page 100,
ORLDOCS 12955897 1
20. All the covenants, conditions, restriction, easements, assessments and possible
liens, terms and other provisions of Declaration of Condominium and Exhibits
thereto, recorded August 11, 2003 in Book 1918, Page 1967,'Public Records of
Monroe County, Florida, and as further amended, including, but not limited to one
or more of the following: provisions for private charges or assessments,- liens for
liquidated damages; and/or option, right of first refusal or prior approval of a
future purchaser or occupant. NOiTE: Developers Right of First Refusal was
terminated in Book 2201, Page 1282 and in Book 2212, Page 1604. (As to Condo
Parcels only)
21. County Resolution No. 265-2004, providing for the annual levy for wastewater
assessments recorded June 23, 2005 in Book 2126, Page 511.
I e 0
22. Terms and conditions of the Monroe County Planning Commission R s
No. P21-07 recorded July 13, 2007 in Book 2308, Page 801,
ORWOCS 129558971 12
W-11
Property Search -- Monroe County Property Appraiser Page I of 15
MiRE
Ownership Details
Mailing Address-
OCEANSIDE INVESTORS LLC
5640 LAUREL AVE
KEY WEST, rL 33040-5915
Property Details
PC Code: 20 - AIRPORTS, MARI NAS� BUS TERM
Mil lage Group: 11 OA
Affordable Housing: No
Section -Township -
Range, 35-67-25
Property Location: 5950 PENINSULAR AVE SOUTH STOCK ISLAND
Legal Description: STOCK ISLAND MALONEY SUB P81�55 LOTS 1-2-3 AND ADJ SAY BTM SQR 60 AND PT LTS 1-2-3
AND ADJ BAY BTM SQR 61 AND PT MALONEY AVE VACATED BCC 151-1974 AND FILLED SAY BTM
ADJ TO MALONEY AVE (A 1AC) AND PT ADJ PARCEL MISC REC BK D-58/69 OR333-58159 OR509-440
OR514-92OR534-196/1,98 OR550-695 1124710 OR690-313E OR739-246 OR930-1 19/137CIT OR930-
148/151 OR959-2354/23551126658 (3608-44) OR1278-2366169 OR1619-384MBCERT/HF OR2603-
2018132 OR2634-572/83
Property Search -- Monroe County Property Appraiser
Land Use Coda
--Frontage
Depth
Land Area
10OW-COMMERCLALWATERFRON
0
0
329,644.00 SF
9500 - SUBMERGED
0
0
6.73 AC
Building Summary
Number of Buildings& 6
TAB 4
bffvv/Axnxn%7 mv-nnfl
Property Search -- Monroe County Property Appraiser
Page 3 of IS
Number of Commercial Buildings. 6
Total Living Area. 45361
Year Built4 1969
Building I Details
Building Type
Condition A
Quality Grade 250
Effective Age 22
Perimeter 142
Depreciation % 27
Year Built 1969
Special Arch 0
Grnd Floor Area 1,240
Functional Obs 0 Economic Obs 0
lnclusions�
RoofType
Roof Cover
Foundation
Heatl
Heat 2
Bedrooms 0
Heat Src I
Heat Sic 2
Extra Features:
2 Fix Bath 0
Vacuum
0
3 Fix Bath 0
Garbage Disposaj
o
4 Fix Bath 0
Compactor
0
5 Fix Bath 0
Security
0
6 Fix Bath 0
Intercom
0
7 Fix Bath 0
Fireplaces
D
Extra Fix 8
Dishwasher
0
40 FT.
OPF
10 FOU-1100
10 FT.
25 FT.
40 FT�
ID FT.
CAN FLA
OFF
M-1 12 1240-142
31042
31 FT. al FT.
31 F T 31 FT.
25 FT.
40 FT
'10 FT.
ONTIM
Nbr
Type
EXt Wall # StorleS
Year Built Attic A/C Basement %
Finished Basomerd % Area
1
F.L.A.
1
1 9B2
1,240
2
OPF
1
1982
310
3
2P.F.
1
1982
400
,4
C.A.NI
1
1982
775
TAB 4
httn*//urww mt1n0flnro,1PrnnQPnrd-h noinNr A f'N IN MN n I
Interior Finish Nbr Type Area %
3284 AVE WOOD SIDING 100
Building 2 Details
Building Type
Effective Age 22
Year Built 1970
Functional Ohs 0
Inclusions-
RoofType
Heat I
Heat Src I
Extra Features:
2 Fix Bath
3 Fix Bath 0
4 Fix Bath 0
5 Fix Bath 0
6 Fix Bath 0
7 Fix Bath 0
Extra Fix 8
Condition A
Perimeter �'68
Special Arch 0
Economic Ohs 0
Roof Cover
Heat 2
Heat Src, 2
Quality Grade 250
Depreciation % 27
Grnd Floor Area 9.704
Tacuum +
Garbage Disposal
Compactor
Security 0
Intercom 0
Fireplaces 0
Dishwasher 0
TAB 4
Sections:
1 Nbr Type Ext Wall 9 Stories Year Built Attie A/C easement % Finished Basement % Area
I FLA 1 1982
8,520
2 FLA 1 1982
1,184
[-A=- 1711111-001
1 3285
METAL SIDING
100
Building 3 Details
Building Type
Condition A
Quality Grade 250
Effective Age 14
Perimeter 6bo
Depreciation % 18
Year Built 1969
Special Arch 0
Grnd Floor Area 30,000
Functional Obs 0
Economic Obs 0
Inclusions:
Roof Type
Roof Cover
Foundation
Heat I
Heat 2
Bedrooms 0
Heat Src I
Heat Src 2
Extra Features�
2 Fix Bath 0
Vacuum 0
TAB 4
Property Search -- Monroe County Property Appraiser
3 Fix Bath
0
4 Fix Bath
0
6 Fix Bath
0
6 Fix Bath
0
7 Fix Bath
0
Extra Fix
0
Sections:
Garbage Disposal 0
Compactor 0
security 0
Intercom 0
Fireplaces 0
Dishwasher 0
Nbr Type Ext Wall 0 Stories Year Built Attic A/C Basement % Finished Basement % Area
I FLA 1 1982 30,000
Interior Finish:
Section Nb. Interior Finish Nbr pe Area % Sprinkler A/C
10043 WAREHOUSE/MARINA C 100 N N
Exterior WaIJ:
Interior Finish Nbr TYPID Area %
3286
METAL SIDING 100
Building 4 Details
Building Type
Condition A
Effective Age 14
Perimeter �'80
Year Bulft 1983
Special Arch 0
Functional One 0
Economic Obs 0
fnclusjons�
RoofType
Roof Cover
Hoatl
Heat 2
TAB 4
. ............
Quality Grade 260
Depreciation % 18
Grnd Floor Area 988
3��
Property Search -- Monroe County Property Appraiser
Heat Src 1 Heat SFC 2
Extra Features:
2 Fix Bath 0
3 Fix Bath 0
4 Fix Bath 0
5 Fix Bath 0
6 Fix Bath 0
7 Fix Bath 0
Extra Fix 18
FLA WIF, FLA
21U41, t'U"'M 7Zv,1a-,5
FT
2 Fr -�j FT, �N F T
fi Ur eff X YJ
Vacuum 0
Garbage Disposal 0
Compactor 0
Security 0
Intercom 0
Fireplaces 0
Dishwasher 0
E- F
W 14D
X F'
28 FT
Nbr
Type
ExtWall #Stories
YearBuilt Attic A/C Basement%
Finished Basement % Area
I
FLA
1
1983
728
2
OLIF
1983
156
3
FLA
1
1983
260
4
ECF
1
1996
1,144
rl��
10044
CAMP BLDG
100
N
N
10045
OUF
1100
N
N
10046
CAMP BLDiG-A-
100
N
N
10047
ECF
100
N
N
Exterior Wall:
nteflor Finish Nbr Pe Area %
3287 METAL SIDING 100
TAB 4
Property Search -- Monroe County Property Appraiser
Building 5 Details
Building Type
Condition A
Eff6ctive Age 22
Perimeter 60
Year Built 1975
Special Arch 0
Functional Obs 0
Economic Obs 0
lu,CIUSions�
RoofType
Roof Cover
Heatl
Heat 2
Heat Sre 1
Heat Src 2
Extra Features�
2 Fix Bath
0
3 Fix Bath
0
4 Fix Bath
0
5 Fix Bath
0
6 Fix Bath
0
7 Fix Bath
0
Extra Fix
3
15 FT.
1 FLA
225-60
1 1 D=FT.
115 FT.
Sections -
Quality Grade 250
Depreciation % 27
Grnd Floor Area 225
Foundation
Bedrooms 0
Vacuum 0
Garbage Disposal 0
Compactor 0
Security 0
Intercom 0
Fireplaces 0
Dishwasher 0
mom
jNbr Type ExtWall #Stories YearBuilt Attic A/C Basernerd% Finished Basement % Area
1 1 FLA 1 1993 225
— I
Interior Finish:
Section Nbr Interior Finish Nbr Type Area Sprinkler AIC
10048 SERV SHOPS ETC 100 N N
Exterior Wall:
Interior Finish Nbr Type Area %
TAB 4
Page 8 of 15
Property Search -- Monroe County Property Apprais(m
3288
AVE WOOD SIDING
Building 6 Details
Building Type
Condition E
Quality Grade 400
Effective Age 12
Perimeter �'04
Depreciation % 15
Year Built 1995
Special Arch 0
Grnd Floor Area 3,204
Functional Obs 0
Economic Obs 0
Inclusions:
RoofType
Roof Cover
Foundation
Heat I
Heat 2
Bedrooms 0
Heat Sre 1
Heat Src 2
Extra Features:
2 Fix Bath
2
Vacuum
0
3 Fix Bath
0
Garbage Disposal
0
4 Fix Bath
0
Compartor
0
5 Fix Bath
0
Security
0
6 Fix Bath
0
Intercom
0
7 Fix Bath
0
Fireplaces
0
Extra Fix
V.,7
12
Dishwasher
0
VT
FFT u7,
V"—APT
2r
U-i
PO
OFT
Sections:
I Nbr
Type
Ext Wall Stories
Year Built Attic A/C Basement %
Flnished Basement % Area
0
FLA
1
2D03
480
0
FLA
1
2GO3
180
I
EUF
1
2003
4,996
2
FLA
1
2003
144
4
FLA
1
1995
2,401
TAB 4
r�-roperty Search -- Monroe County Property Apprais —
va
6
.0,PX
2003
2,010
7
OUU
1 2003
54
8
OPX
..
1 1995
100
9
0 uu
1 2003
50
mmur-fla-mm,
I Section Nbr Interior Finish
Type
Area %
Sprinkler
AIC
RESTRNTICAFETR-B-
100
Y
y
RESTRNTICAFETR-B-
100
y
y
10049
EUF
100
N
N
100,50
10052
RESTRNTICAFETR-6-
RESTICAFET-A-
100
100
Y
y
Y
Y
10054
OPX
100
N
N
. ... . ... ..... ...
Interior Fin-Ish Nbr Type Area %
3289 AB AVE WOOD SIDING 10:0
mbf
Type
# Units
Length
Width
Year Built
Roll Year
Grade
Life
I
2
UB2:U-nUTY BLDG
RK2:BOAT RACKS
225 SF
175 UT
15
a
15
0
1979
1979
1980
1980
3
1
50
30
3
PT3:PATI0
5j060 SF
0
0
1976
1977
1
60
4
CL2:CH LINK FENCE
2,892 SF
482
6
1976
1977
2
30
5
PT3:PATIO
1,276 SF
0
0
1976
1977
1
50
6
SW2:SEAWALL
4,99-5 SF
999
5
1999
2000
5
60
7
SM�SEAWALL
1,855 SF
371
5
199�9
2000
5
60
8
DK3:CONCRETE DOCK
8,418 SF
0
0
1976
1977
5
60
9
10
'11
AP2:ASPFIALT PAVING
UB2:UTfLITY BLDG
RK2:130AT RACKS
70,250 SF
225 SF
175 UT
0
15
0
0
15
0
1976
1979
1979
1977
1980
1980
2
3
1
25
50
30
12
PT3:PATIO
5,060 SF
0
0
1976
1977
1
50
13
CI-2�CH LINK FENCE
2,892 SF
482
6
1976
1977
2
30
14
15
PT3:PATIO
SW2:SEAWALL
1,276 SF
4,995 SF
0
999
0
5
1976
1999
1977
2000
1
6
50
60
16
SW2:SEAWALL
1,855 SF
371
5
1999
2000
5
60
17
18
DK3.CONCRETE DOCK
AP2:ASPHALT PAVING
8,418 SF
70,250 SF
0
0
0
0
1976
1976
1977
1977
5
2
60
25
19
1-1132:1.111LITY BLDG
96 SF
12
8
1982
1983
3
50
20
FN2:FENCES
360 SF
6
60
1993
1994
2
30
21
UB2:UTILITY BLDG
200 SF
10
20
1982
1983
3
50
22
RK2:BOAT RACKS
10 UT
0
0
1989
1990
1
30
23
FN2:FENCES
1,330 SF
7
190
1993
1994
5
10
TAB 4
24
CLZ-CH LINK FENCE
3,120 SF
6
520
1993
1994
1
30
25
PT&PATIO
1,240 SF
0
0
1994
1995
2
50
26i
27
213
WD2:WOOD DECK
AC2:WALL AIR COND
WD2.WOOD DECK
564 SF
2 LIT
60 SF
0
0
12
0
5
1994
1994
1994
1995
1995
1995
4
1
1
40
20
40
29
AP2�ASPHALT PAVING
2,00;8 SF
0
0
1994
1995
1
25
30
PT3.-PATIO
400 SF
100
4
1993
1994
2
5 0
31
WD2:WOOD DECK
400 SF
100
4
1983
1964
4
40
32
33
CB2:DET CABANA
UB2:Ul]LITY BLDG
1005F
72 SF
10
12
10
6
1993
1989
1994
1990
3
2
60
50
34
UB3:LC UTIL BLDG
40 SF
10
4
1989
1990
1
30
35
UB2:UTILITY BLDG
96 SF
12
8
1992
1993
3
50
36
UB2*UTILffY BLDG
96 SF
12
8
1992
1993
3
50
37
38
FN2.FENCES
FIS12YENCES
600 SF
600 SF
60
60
110
10
1995
1995
1996
1996
5
5
30
30
39
40
FN2:FENCES
SW2:SEAWALL
192 SF
1,720 SF
16
430
12
4
1998
1998
1999
1999
5
1
31)
60
011*117412=�,, �
�! PER 0132669-1324 SPLIT 541 SQ FT ADJACENT TO BOAT SLIP 693 TO R�ED0127420-000925, AK9102430; DONE FOR THE
12014 TAX ROLL. I
BROOM
OPINION
Bldg Number
Date Date
Issued Completed
Amount
Description
Notes
06106750
.. ..... .. . .... ..
03/15/2007
225,000
Commercial
New Marina entrance
10105254
0910212010
0
Commercial
WIRE RANGE HOOD
10104979
13100536
08/1912010
0212812013
0
3,800
Commerd I
Commerdal
POOL, SPA, FENCE.
TEMP OFFICE TRAILER
13100535
02128/2013
10,000
Commercial
DEMO INTERIOR
Property Search �- Monroe County Property Appraiser
O'bovi
UOmMerCial
PIVCE TEMP OFFICE 8 X 40 FT
13102543
06/27/2013
0
DEMO BATH HOUSE,
13102737
0712212013
4,635
Commercial
PERMIT APPROVAL TO INSALL VIDEO CAMERAS FOR,
SECURITY
1 94-0659
0810111994
03101/1995
200,000
Commercial
COMM. RESTAURANT
95-0276
94-1251
08/0111994
la�01/1994
03101/1995
10101/1995
500
3,025
Commercial
Commercial
ENCLOSURE
BUILDING MISC,
4 981173
08/21/1998
06/11/1999
25,000
Commercial
SEAWALL
5 991605
06/2311999
01/2012000
9,500
Commercial
COMMERCIAL ROOFING
6 00/2271
05/24/2000
0110112001
M�
25,000
Commercial
SEAWALL -REPAIR
zi
8 01-2635
08124/2001
06/1012002
. . ........
3,000,000 Commercial
BOAT STORAGE BLDG
9 01-5372
0812412001
06/1012002
3,000,000 Commercial
BOAT STORAGE BLDG
10 11/4681
12/2612001
12129/2006
'16,025
Commercial
SIDEWALK -REPLACE
11 01/4666
12J2112001
0�/j 0/2002
6�000
Commercial
COMM� Mlsc�
12 01/2635
08/24/2001
12/28/2007
3,000,000 Commercial
site upgrades
13 0211355
05/0912002
12J2912006
150,000
Commercial
EXPANSION OF REST,
14 02/1758
05/14/2002
06/10/2002
72,000
Commercial
DOCK
15 02-2525
0711212002
03/13/2003
150,000
Commercial
ADD TO RESTAURANT& C.O.
17 01�2634
04A801
1211912001
05/2812004
12129/2006
02/1612005
30,000
99,720
Commercial
Commercial
SLAB 1,466 SF
ELECTRIC MISCELLANEOUS
01102653
12/29/2006
0
Commercial
new SFR
01102654
12J29/2006
0
CommerciaI
new SFR
01102655
12)2912006
0
Commercial
new SFR
011 D2656
01102658
12129/2006
12J29/2006
0
0
Commercial
Commercial
new SFR
new SFR
01102659
12/29/2006
0
Commercial
new SEE
01102660
12/29/2006
0
Commercial
new SFR
01102661
12/3012003
0
Commercial
new SFR
01102657
12130/2003
0
Commercial
new SFR
01102642
12/30/2003
0
Commercial
new SFR
01102641
12/30/2003
0
Commercial
new SFR
01102640
01 i 02639
12J30/2003
12/30/2003
0
0
Commercial
Commercial
now SFR
new SFR
01102645
12/3012003,
0
Commiercial
new SFR
01102643
12/3012'003
0
Commercial
now SFR
01102647
12/30/2003
0
Commercial
new SFRO
01102646
1213012003
0
Commercial
new SER
01102648
12130/2003
0
Commercial
now SFR
01102649
12/3012003
0
Commercial
new SFR
01102650
12/30/2003
0
Commercial
new SER
01102651
12/30/2003
0
Commercial
new SFR
01102652
12/3012003
0
Commercial
new SFR
05104135 0810512005
12/2912006
5=0
Commercial
DEMO DRYWALL & TILE
TAB 4
. A 1 4, � . 0 1
uolutozu u4jztwzVub
06104082 03/12/2007
1zjzdjzuUj
12/28/2007
500,000
10,000
Commercial
Commercial
INTERIOR RENOVATIONS FOR 1 ST FLOOR,
CONCRETE SLAB, & ROOF
Install New Buffer Tank
07101892
05/24/2007
100,000
Commercial
DEMO METAL BUILD
07101628
06/0512007
12/28/2007
16,000
Commercial
Install Kitchen Hoods
07102762
08/13/2007
2,400
Commerciai
Fire Suppression System
07102478
07/26/2007
01/16/2008
1,200
Commercial
Propane Tank & Lines
07103478
09/13/2007
57,000
Commercial
Dock Improvements & Repairs
Certlified Rr.-;,' Vaiijes.
IJ
Year
TotaIBIdg
Value
Total Misc
Improvement Value
Total Land
VaIu!____(Market)
Total Just
Value
Total Assessed
Val!!����Iue
School
School Taxable
2013
2,455,786
1,357,159
4,205,730
3,452,645
3,452,645
0
3,462,645
2012
2,488,395
1,392j190
4,205,730
3,452,645
3,452,645
0
3,452,645
2011
2,539,196
1,422,245
4,205,730
5,021,177
5,021,177
0
5,021,177
2010
2,539,196,
1,447,289
7,743,188
5,579,085
5,579,085
0
5.579,085
2009
2,596,980
1,483,137
16�,979,873
5,579�085
5,579,085
0
5,579,085
2008
2,621,437
1,513,593
9,096,673
6,950,384
6,950,384
0
6,950,3B4
2007
1,883,939
1,266,994
3,411,673
6,950,384
6,950,384
0
6,9�50,384
2006
1,895,088
1,059,408
3,032,673
1,820,647
1,820,647
0
1,820,647
2006
1 t952,361
1,080,304
3,032,673
1,820,647
1,820,647
0
1,820,647
2004
2003
1,952,327
2,369,256
1,099,609
1,124,895
1,349,150
1 �424, 150
1,820,647
2,465,571
1,820,647
2,465,571
0
0
1,820,647
2,465,571
2002
1,799,332
1,145,824
1,459,650
2,465,571
2,465,571
0
2,455,571
2001
1,799,332
1,165,097
9%,970
2,465,571
2,465,571
0
2,465,571
2000
1,799,332
349,157
977,395
2,465,571
2,465,571
0
2,465,571
1999
1,799,332
344,291
977,395
1,789,390
1,789,390
0
1,789,390
1998
1,202,121
352,526
977,395
1,356,546
1,356,546
0
1,356,546
1997
1996
1,202,121
1,084,467
362,578
359,012
977,395
977,395
1,356,546
1,356,546
1,356,546
1,356,546
0
0
1,356,W
1,356,546
1995
838,212
358,125
1,071,680
2,2831321
2,283,321
0
2,283,321
1994
842,465
357,609
1,071,680
2,283,321
2,283,321
0
2,283,321
1993
842,46.5
364,306
2,571,575
2,784,273
2.784,273
0
2,7154,273
1992
1991
842,465
877,466
373,619
389,118
1,550,161
2,004,157
2,766,245
3,270,741
2,766,246
3,270,741
0
0
2,7M,245
3,270,741
1990
877,466
401,995
1,634,615
3,635,223
3,635,223
0
3,635,223
1989
1988
877,466
800,600
417,492
334,434
1,634,815
1,634,815
3,635,223
3,548,483
3,635,223
3,548,483
0
0
3,635,223
3,548,483
1987
1986
779,565
752,031
344,152
349,316
1,636,765
1.486,910
3,532,620
3,167,805
3,5a2,620
3�167,805
0
0
3,532,620
3,167,805
1986
735,525
360,772
1,038.731
2,980,119
2,980,119
0
2,980,119
fil *-Y'
1984
732.449,
370,406
1,038,731
2,100,000
2�100,000
2,100,000
1983
........ ...
715,242
217,002
1,038,731
2�030,395
2,030,395
0
21030,395
19!82
693,530
195,738
912,7211
1,801,989
1,801,989
0
1,801,989
Parcel Sales, HisitoN,
W"l E: d(� n-ot ge'nei;-�'Hv sho�) up, )n, "'(-mipute'f �; ��: al"'01.11 'O'Vo "r" 111jee motili,rz after lii'�
daIc Of E21e If a rcmit sale �,"Oes riot 'show un in this lisT, pleas-3 211,--.,w n-io�- tirne thle- sale reccf,d' to bc-�
piocessed Th�-'.nk YOU flor your patience ar,d understanding
Scoff P. Russell, CFA
P.O. Box 1176 Key West, FL 33041-1176
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5951 Peninsular Ave - Google Maps I Page I of I
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650 United St
Key West, FL 33040
Office: (305) 296-9077
Facsimile: (305) 296-9032
NOMINIM
Barton W. Smith, Esq.
Attorney at Law
138-142 Simonton Street
Key West, FL 33040
Subject: Requested Road Abandonment:
Monroe County Board of County Commissioners
Being a portion of Peninsular Avenue, Stock Island, as shown on the attached survey.
Our engineering department has reviewed the above referenced request- Presently, AT&T has no
existing facilities in the area of the above mentioned section, AT&T has no objection to the abandonment
of the above referenced Right of Way.
If further assistance �s needed, please do not hesitate to call me on (305) 296-9077.
Thank You,
Herb Bradshaw
Manager OSP Planning & Engineering Design
AT&T Florida
ra rceis
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August 2&, 2014
Nick Batty, Esq.
SMITH OROPEZA, P.L.
138 — 142 Simonton Street
Key West, FL 33040
Keys Energy Services (KEYS) has reviewed your request for road abandonment for portion of
Peninsular Avenue in Stock Island. KEYS has no objection to the proposed road abandonment
as long as an easement Is provided for the overhea� or underground service feeding a double
unit at Tortuga West Housing. Please note that this easement shall provide 100% unrestricted
truck access at all times.
/'� (la xe'/� R 4 1 /0 '=t �' —
Matthew Alfonso
Engineering Supervisor
Copied via electronic mail:
Lynne Tejeda�, General Manager & CEO
2C-.A �Ttk;� �-- 12 nizxzL�*
Dale Finigan, Director of Engineering & Control
David Price, Director of T&D
Alex TeJecla, Director of Customer Services
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To: Gail Creech
Fr. Captain Donald Hiller
Monroe County Sheriff's Office
Date: May 7, 2014
Re: Road abandonment Petition Review: Oceanside Investors LLC -file# 2014-054
| have reviewed the petition for road abandonment for the above -described
location. Ingress/egress is not an issue for emergency vehicles since the location will still
have access to The Hickory House property as well as an additional entrance/exit to thie
Tortuga West 6900 Maloney Ave. property. There is not going to be an issue with
additional traffic orhazards tothe neighborhood if this land isabandoned.
I have conferred with Attorney Barton Smith on this request and for clarification and am
comfortable with this approval.
The Monroe County Sheriff' s Office has no objections to the abandonment of
Please feel free to contact me 'if you have further questions.
5525 C(}LlECiE ROAD KEY
AON&. 00%
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Nick Batty, Esq.
Smith I Oropeza, RL.
138-142 Simonton Street
Key West, Florida 44040
Deal- Mr. Nick Batty:
Conwast Cable
10 10 Kennedy Drive.
Suite 200
Key West, FL 33040
Comcast has no objection to the abandonment of the portion of Peninsular Avenue
adjacent to Block 46, Lots 32, 33, 34, 35 and Block 60 Lots 2 and 3.
If you have any questions or are in need of further information please contact me at
305-809-1255.
Sincerely,
Greg Daniels
Lead Construction Technician
Comcast Cable, Florida Keys
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VIA ELECTRONIC MAIL: iiick@smithoropeza.com; bart@smithorop��za.com
Barton W. Smith, Esq.
CODUSIeLf-b�U1. &W F-lb-Ma�cIrSIUAC
Smith Oropeza, P,L.
138-142 Simonton Street
Key West, Fl�orida 33040
Re- Tortuga West Homeowners' Association -, Inc. Letter of No Objection to
Abandonment offortion oLPeninsular Avenue, Stock IslandFlorida
110MUMM317M
As you know, Tortuga West Homeowners' Association, Inc., a Florida not for profit
corporation ("Tortuga West") is the owner of real property located at 6900 Maloney
Avenue, which contains a portion of Monroe County Real Estate Number 126230 and
Monroe Countk, Real Estate Number 12620�0, These #61
Peninsular Avenue for which Oceanside Investors, LLC has applied for abandonment
from Monroe County, and which is depicted in the attached survey.
Pursuant to Section 5.9 of the Declaration of Protective Covenants, Restrictions and
Easements of Tortuga West (the "Declaration"), "filn the absence of a specific
requirement of approval by Members, the Board may act on its own through its proper
officers with or without a specific authorizing resolution." The abandonment was raised
at a recently held meeting of the Tortuga West Board of Directors ("Board"), and the
consent was duly approved by a vote of the majority of directors present at a meeting
where quorum was present, in conformance with Article 111, Section E(5) of Tortuga
West's By-laws.
Pursuant to Article IV Section H of Tortuga West's By-laws, the President of Tortuga
West shall sign all leases, mortgages, notes, checks, deeds and other written instruments
necessary to perform all of the duties incident to the office and which may be required
from time to time by the Board.
As such, my signature on this Letter of No Objection serves to indicate that Tortuga West
has no objection to the abandonment of the area delineated on the attached survey, and
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TO: Gail Creech, Planning Commission Coordinator
Fr Capt. Don Hiller
Dote: Septenlber23. 2014
Re: Road abandonment Petition for Oceanside Investors LLCFUe#2O14-182
I have reviewed the petition for road abandonment for the above -described location.
Ingress/egress is not an issue for emergency vehicles since the location will still have
access to the entrance/exit to the Tortuga West 6900 Maloney Ave. property. There is
not going to be an issue with additional traffic or hazards to the neighborhood if this
|amdisabandomed.
I have conferred with Attorney Barton Smith on this request and for clarification and am
comfortable with this approval.
The Monroe County Sheriff's Office has no objections to the abandonment of
this land.
Please feel free to contact me if you have further questions.
5525 COLLEG I' ROAD KEY WfS-1, FIL 335040 *** (30S)292- 7001
WWVVK[YSSO,NET
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To: Gail Creech
* * 0 -- 0
I have reviewed the proposed road abandonment and do not have any objections to the
abandonment of a portion of Ed Swift Road, The right of way is 23 ft. wide and therefore is too
narrow to construct a T-tumaround, which is typical at the end of a road,
If you should have any questions please feel free to contact me by email at clarke-
. udithgnionroecounty-fl.go orbyteleplioneat3D5-295-4329.
A
M14kTA61: loll
To: Gail Creech, Planning Commission Coordinator
S
From: Judy Clarke, P.E., Director of Engineering ervice
Date: October 6, 2014
rorer,717-TA99MR am
I have reviewed the above referenced road abandonment petition. The application did not include
a letter of no objection from Tortuga West Homeowners Association, who is the adjacent
property owner.
Should the road abandonment petition be approved, it is possible that Tortuga West's 30 ft. wide
portion will be insufficient to maintain existing two- way ingress/egress from the complex via
the foriner Peninsular Avenue access drive. If two-way access is neither required nor desired this
will not pose a problem, Any resulting access drive will not be a county maintained road/right of
way; therefore, Engineering Department does not have any objections to the proposed
abandonment.
If you should have any questions or need any additional information.. please feel free to contact
me by telephone at 305-295-4329 or by email at clarke judith(a_
_J _,)monroecounty-fl.gov.
cc- J. Haberman
I Robert Dean
Chairman
District 3
Antoinette M. Appell
Vice-Chairrn-an
District 4
Brian L. Barroso
Secretary/Treasurer
District I
Melva G. Wagner
District 2
David C. Ritz
District 5
Kirk Zuelch
Executive Director
September 24, 2014
Srnith/Oropeza, P.L.
Nick Batty, Esq.
138-142 Simonton Street
Key West, Fl, 33040
RE: -rhe abandonment of a section on Peninsular Avenue in Stock Island, FL
Dear Mr. Batty:
The FKAA Board of Directors approved at the September 24, 2014 meeting, the above referenced project.
Pursuant to your request, staff has researched your request and the FKAA have no objection to the
abandonment described as Peninsular Avenue, lying between Blk. 46 and 60, according to Maloney's
subdivision of a part of Stock Island, Monroe County, Florida as recorded in Plat Book I, Page 55, of the
Public Records of Monroe County, FL,
The FKAA has a 2" water main and meter located in the area of the proposed abandonment; the owner
has agreed to the removal of the existing rnetcr once property is deeded to Oceanside Investors LLC.
Should you have any questions, please do not hesitate to call this orfice.
Sincerely,
FLORIDA KE YS AQUEDUCT AUTHORITY
1; Ifi
Marnie Walterson
Distribution Design Supervisor
MW/cn-1a
C: Robert Feldman, General Counsel
Roy Coley, Manager of Operations
Monroe County Building Department
.. . . ..... ... . . ... ..... . . ..
BOARD OF DIRECTORS, FLORIDA KEYS AQUEDUCT AUTHORITY
AGENDA ITEM SUMMARY
AGENDA ITEM #
i)UO- /) /
//1 -, -// S, "
CONSENT: X
REGULAR:
Meeting Date: -
September 24, 2014
Department:
Engineering
AGENDA TITLE: No objection to the abandonment of Peninsular Avenue in Stock Island, Florida as described as
Peninsular Avenue, lying between Block 46 and 60, South of East Y2. of Lots 32, 33, 34 & 35 in square 46, and
North of a portion of Lot2 and Lot 3, Block 60, according to Maloney's subdivision of a part of Stock Island.
Monroe County, Florida, as recorded in Plat Book 1, Page 55, of the Public Records of Monyoe County, Florida and
being more particularly described in attached. The FKAA has a 2" water main and meter located in the area of the
proposed abandonment; the Owner has agreed to the removal of the existing meter once property is deeded to
Oceanside Investors LLC.
ITEM BACKGROUND- RIA
STAFF RECOMMENDATION (MOTION): The Board of Directors have no objection to the of Peninsular Avenue in
Stock Island, Florida as described as Peninsular Avenue, lying between Block 46 and 60, South of East 1/2 of Lots
32, 33, 34 & 35 in square 46, and North of a portion of Lot2 and Lot 3, Block 60, according to Maloney's
subdivision of a part of Stock Island. Monroe County, Florida, as recorded in Plat Book 1, Page 5 5, of the Public
Records of Monroe County, Florida.
SUPPLEMENTAL INFORMATION: See Attached Request,
DOCUMENTATION- Included: To -Follow: Fj Not Required: o
COST FKAA: BUDGETED: Yes No
COSTIOTHERS: $
COST TOTAL -
DEPARTMENT DIRECTOR APPROVAL-,-..-,'
Reviewed by: Internal Auditor-, General Counsel: Executive Director:
BOARD ACTION:
Approved: 0,1/ Tabled: (I
Comments:
Date:
Disapprove& ri . Recommendation Revised: E-1
Recording Clerk:
..... ... . .
!I,P,�rton W, Sinith� h4sq SMTTT---1 0 RCD P I:!,Z,A, L. Patrick Flanigan, YE`sq�
Oropeza, Esq, Richm-d McCl-lesney,
138-142, SiM0o',01-1'RMCt
'Key VAnit Horida 33040 Nick Batty,
"Felephone (305) 296-722,7
Facsimile (3o,�) 296-84,48
VIA Etxcm�NIQN.AIL
wriwitlterson.(q-),I-kaa,c(ii-ii
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Marnie Walterson
Distribution Desigir SupeTvisor
Plarida Keys Aqueduct Authority
I I (X) Kennedy Drive
Key West, Florida 33040
-Ob
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Dea,r Mg. Wafterson,
I represent the interests of Oueanside Investors, LLC, wliich is seeking a roadabandonment from
Monroe County ofa poilion of Peninsular Avenue, on Stock Island, Monroe County, Florida, As
a prerequisite to obtaiping an abandonment of the roadway from the Morwoe County, applicants
nre required to obtain lotters of no ol�jection from all applicable utility providers,
I ani writing to rNuest a Leiter of No Objwfion from the Florida Keys, Aqueduat Authority for
the abardomnent of' the portion of Peninsular Avenue highlighted on the aftached aerial
depiction, A survey of t1w area is forthcorning, and I �vffi transtmit it to you when it is reecivpd.
PICIISC let ITIC'MIOW if 010'rO is anydiing, I can do to Eacifivite the revicw of the rotid abandorancrit,
or if YOU I'MVeWlY qUostiolls. Thank� you very much for your assistance in this, matter.
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6630 Front Street
Key West, FL 33040
305.295.3301
FAX 305.295.0143
www.kwrii.com
VIA ELECTRONIC MAIL
Nick Batty, Esq.
Counsel for Oceanside Investors, LLC
Smith Oropeza, P.L.
138-142 Simonton Street
Key West, Florida 33040
September 8, 2014
Re: Letter of No Objection to Abandonment of Portion of Peninsular Avenue, Stock Island, Florida
Dear Mr. Batty:
KW Resort Utilities has reviewed the survey of the area of Peninsular Avenue, Stock Island, Florida, that
Oceanside Investors proposes be abandoned by Monroe County. The survey was provided in an e-mail
from Nick Batty, Esq. on August 25, 2014.
KW Resort Utilities does not object to the abandonment of the area delineated on the survey, which is
attached to this letter, provided Oceanside Investors, LLC takes ownership of all KW Resort Utilities
infrastructure in the area proposed to be abandoned. After review of pertinent documents and of the
proposed abandonment area, KW Resort Utilities has determined the existence of a shut-off valve in the
right-of-way. This shut-off valve is not in the area proposed to be abandoned, and will remain in the
public right-of-way after completion of the abandonment and KWRU will use this valve to shut off
wastewater service to the adjacent area of the property should there be reason to.
Sincerely,
Christopher A. Johnson
President
Habierman-Joe
P.
From: Leonard -Timmy <Leona rd-Ti m my@ Mo nroeCou nty- FL.Gov>
Sent: Thursday, October 23, 2014 1:13 PM
To: bart@smithoropeza.com
Cc: Callahan -James
Subject: RE: Oceanside Marina Road Abandonment Part 2
MIE
As long as the road abandonment does not compromise Fire Department Apparatus Access in anyway and complies with
-the Florida Fire Prevention Code, The Fire Marshal's Office has no objection to the road abandonment,
Thank you,
Timmy Leonard
Deputy Fire Marshal
Monroe County Fire Rescue
Ce11:305-797-0875
Email : leonard—timmy@monroecounty—fl.gov
From: bart0smithoropeza.com [mailto:bart@smithoropeza.com]
Sent: Saturday, October 18, 2014 2:17 PM
To: Leonard -Timmy
Subject: Oceanside Marina Road Abandonment Part 2
Timmy,
I do not know if you have done this yet, but Oceanside is requesting to abandon the remaining western
portion of peninsular avenue. Can you please review the proposed road abandonment and provide your
confirmation of no objection to the County? I have included the plans indicating how the site will look
after this road abandonment occurs. Please contact me with any questions.
Thanks.
Bart
Barton W. Smith, Esq.
SMITH OROPEZA, P.L.
138 — 142 Simonton Street
Key West, Florida 3 3 040
Tel: 305-296-7227
Fax: 305-296-8448
www.smithoropeza.c
Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform
you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise
specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties
under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed
herein.
The information contained in this transmission may contain privileged and confidential information. It is intended
only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any
review, dissemination, distribution or duplication of this communication is strictly prohibited, If you are not the intended
recipient, please contact the sender by reply email and destroy all copies of the original message.
Please note: This law firm may be deemed a "debt collector" under the Fair Debt Collection Practices Act. Any and all
information obtained during and from communications may be used for the purpose of collecting debt.
Haberman -Joe
From: Leonard -Timmy <Leonard-Timmy@MonroeCounty-FL.Gov>
Sent: Thursday, October 23, 2014 1:13 PM
To: bart@smithoropeza.com
Cc: Callahan -James
Subject: RE: Oceanside Marina Road Abandonment Part 2
Bart,
As long as the road abandonment does not compromise Fire Department Apparatus Access in anyway and complies with
the Florida Fire Prevention Code, The Fire Marshal's Office has no objection to the road abandonment.
Thank you,
Timmy Leonard
Deputy Fire Marshal
Monroe County Fire Rescue
Cell:305-797-0875
Enlail : leonarci-tii-nni-v@riionroecounty-fl.gov
From: bart(d)smithoropeza.com [mai Ito: ba rt(a)smithoropeza.com]
Sent., Saturday, October 18, 2014 2:17 PM
To: Leonard -Timmy
Subject: Oceanside Marina Road Abandonment Part 2
Timmy,
I do not know if you have done this yet, but Oceanside is requesting to abandon the remaining western
portion of peninsular avenue. Can you please review the proposed road abandonment and provide your
confirmation of no objection to the County? I have included the plans indicating how the site will look
after this road abandonment occurs. Please contact me with any questions.
Thanks.
Barton W. Smith, Esq.
SMITH OROPEZA, P.L.
138 - 142 Simonton Street
Key West, Florida 3 3 040
Tel: 305-296-7227
Fax: 305-296-8448
www,smithoropeza.com
Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform
you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise
specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties
I
under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed
herein.
The information contained in this transmission may contain privileged and confidential information. It is intended
only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any
review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended
recipient, please contact the sender by reply email and destroy all copies of the original message.
Please note: This law firm may be deemed a "debt collector" under the Fair Debt Collection Practices Act. Any and all
information obtained during and from communications may be used for the purpose of collecting debt.
Le 30
. . . . . . . . ---
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Meeting Date: December 10,,,,201,4 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 transmitting to the State Land
Planning Agency an ordinance by the Monroe County Board of County Commissioners amending the future
land use rnap of the Monroe County Year 2010 Comprehensive Plan from Residential Low (RL) to Mixed
Use/Commercial (MC), for property located at 97770 and 97702 Overseas Highway, MM98, Key Largo,
described as parcels of land in section 6, township 62 south, range 39 east, Island of Key Largo, Monroe
County, Florida having real estate numbers 00091000.000000 and 00091020.000000. (Legislative Proceeding)
ITEM BACKGROUND: The applicant, See the Sea of Key Largo, Inc. and Coconut Bay of Key Largo, Inc.,
doing business as Bay Harbor Lodge, currently operates a hotellmotel business at 97770 and 97702 Overseas
Highway in Key Largo. The subject property currently has a Future Land Use Map (FLUM) designation of
Residential Low (RL) and a Land Use District (LUD) designation of Suburban Residential (SR). The current
policies of the Comprehensive Plan do not allow a hotel/motel use within the RL FLUM category, and the
current use is therefore considered nonconforming to the provisions of the current Comprehensive Plan. The
applicant is requesting a change to the FLUM designation in order to eliminate the nonconformity.
If the BOCC votes to transmit the proposed comprehensive plan amendment to the State Land Planning Agency,
the State Land Planning Agency will then 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 amendment, adopt the amendment with changes or not adopt
the amendment.
Policy 101.4.20 (discouragement policy) of the Comprehensive Plan applies to this application. The applicant
must show compliance with this policy prior to BOCC adoption of the proposed FLUM amendment.
PREVIOUS RELEVANT BOCC ACTION: Monroe County Resolution #127-2012, adopted by the BOCC on
April 18, 2012, allows an applicant to apply for a LUD and/or FLUM designations that would eliminate the
nonconforming use created with the adoption of the existing designations and not create an adverse effect on the
community, provided the existing use existed lawfully in 1992 and 1997. This provision remains effective in the
current Planning & Environmental Resources Department's fee schedule (Resolution #183-2013).
On September 21, 2012, the Monroe County BOCC adopted Ordinance 028-2012, creating Policy 101.4.20
discouraging private applications for future land use changes which increase allowable density/intensity. This
amendment was found in -compliance by the State Land Planning Agency and became effective upon the
issuance of DEO's Notice of Intent on November 20, 2012.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes —No _N/A
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: N/A SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes —No N/A AMOUNT PER MONTH N/A Year
4
APPROVED BY: County Atty- � ' OMB/Purchasing — Risk Management
DOCUMENTATION: Included X Not Required —
DISPOSITION: AGENDA ITEM #
I a mej R11 0 N
W
IN I
WHEREAS, the Monroe County Board of County Commissioners conducted a public
hearing for the purpose of considering the transmittal pursuant to the State Coordinated Review
Process in Sec. 163.3184(4), F.S., to the State Land Planning Agency for objections,
recommendations and comments, and to the other Reviewing Agencies as defined in Sec.
163.3184(l)(c), F.S., for review and comment on a proposed amendment to the Monroe County
Year 2010 Comprehensive Plan as described above; and
WHEREAS, the Monroe County Planning Commission and the Monroe County Board
of County Commissioners support the transmittal of the requested future land use map
amendment;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1: The Board of County Commissioners does hereby adopt the recommendation of
the Planning Commission to transmit the draft ordinance, attached as Exhibit A,
for review of the proposed future land use map amendment.
R I of 2
Resolution No. -2014
Section 2. The Monroe County staff is given authority to prepare and submit the required
transmittal letter and supporting documents for the proposed amendment in
accordance with the requirements of Section 163.3184(4), Florida Statutes.
Section 3. 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 regular meeting held on the 10th day of December, 2014.
Mayor Danny L. Kolhage
Mayor Pro Tem Heather Carruthers
Commissioner David Rice
Commissioner George Neugent
Commissioner Sylvia Murphy
(SEAL)
ATTEST: Amy Heavilin, Clerk
Deputy Clerk
WmAbL%IIII II
LOW
Mayor Danny L. Kolhage
P. 2 of 2
Resolution No. -2014
WN WN NSA
Ew�-WWW'
EXHIBIT A to RESOLUTION NO. -2014
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MONROE COUNTY, FLORIDA
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
I I
ORDINANCE NO. -2015
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13 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
14 COUNTY COMMISSIONERS AMENDING THE MONROE
15 COUNTY FUTURE LAND USE MAP FROM RESIDENTIAL LOW
16 (RL) TO MIXED USE/COMMERCIAL (MC) FOR PROPERTY
17 LOCATED AT 97770 AND 97702 OVERSEAS HIGHWAY, KEY
18 LARGO, MILE MARKER 98, DESCRIBED AS PARCELS OF
19 LAND IN SECTION 6, TOWNSHIP 62 SOUTH, RANGE 39 EAST,
20 ISLAND OF KEY LARGO, MONROE COUNTY, FLORIDA,
21 HAVING REAL ESTATE NUMBERS 00091000.000000 AND
22 00091020.000000, AS PROPOSED BY SEE THE SEA OF KEY
23 LARGO, INC. AND COCONUT BAY OF KEY LARGO, INC.;
24 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
25 OF CONFLICTING PROVISIONS; PROVIDING FOR
26 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY
27 AND THE SECRETARY OF STATE; PROVIDING FOR
28 INCLUSION IN THE MONROE COUNTY COMPREHENSIVE
29 PLAN AND FOR AMENDMENT TO THE FUTURE LAND USE
30 MAP; PROVIDING FOR AN EFFECTIVE DATE.
31 ---------------------------------------------------------------------------------------------------------------------
32
33 WHEREAS, 011 June 16, 2014, See the Sea of Key Largo, Inc, and Coconut Bay of Key
34 Largo, Inc., doing business as Bay Harbor Lodge, submitted an application requesting to amend
35 the Future Land Use Map (FLUM) of the Monroe County Year 2010 Comprehensive Plan from
36 Residential Low (RL) to Mixed Use/Commercial (MC); and
37
38 WHEREAS, the subject property is located at 97770 and 97702 Overseas Highway, Key
39 Largo, Mile Marker 98, described as parcels of land in section 6, township 62 south, range 39
40 east, Island of Key Largo, Monroe County, Florida, having real estate numbers
41 00091000.000000 and 00091020.000000; and
42
43 WHEREAS, See the Sea of Key Largo, Inc. and Coconut Bay of Key Largo, Inc., doing
44 business as Bay Harbor Lodge, operates a hotel/motel at the subject property with a current
45 FLUM designation of RL, which does not allow hotels or other transient residential uses,
Ord, No— -2015
Page I of 4
EXHIBIT A to RESOLUTION NO. -2014
I therefore the existing use is considered nonconforming to the provisions of the current
2 Comprehensive Plan; and
3
4 WHEREAS, See the Sea of Key Largo, Inc, and Coconut Bay of Key Largo, Inc., doing
5 business as Bay Harbor Lodge, is requesting a change to the FLUM designation in order to
6 eliminate the nonconformity for the existing hotel/motel, use; and
7
8 WHEREAS, during a regularly scheduled meeting held on September 23, 2014, the
9 Monroe County Development Review Committee reviewed the proposed FLUM amendment and
10 the Chair recommended approval; and
11
12 WHEREAS, during a regularly scheduled public hearing held on October 29, 2014, the
13 Monroe County Planning Commission reviewed the proposed FLUM amendment and
14 recommended approval to the Board of County Commissioners, contingent on compliance with
15 Policy 101.4.20 prior to adoption; and
16
17 WHEREAS, the Monroe County Planning Commission made the following findings of fact
18 and conclusions of law:
19
20 1 . The proposed FLUM is not anticipated to adversely impact the community character
21 of the surrounding area; and
22 2. The proposed FLUM is not anticipated to adversely impact the Comprehensive Plan
23 adopted Level of Service; and
24 3. The proposed amendment is consistent with the Goals, Ob�jectives and Policies of the
25 Monroe County Year 2010 Comprehensive Plan, contingent on compliance with
26 Policy 101.4.20 prior to adoption; and
27 4. The proposed amendment must comply with Comprehensive Plan Policy 101.4.20
28 prior to adoption by the Board of County Commissioners. Based on the
29 density/intensity analysis, and in order to mitigate for the impacts of approval, one of
30 the following options needs to be addressed:
31 a. Donation of 4.4 acres of non -scarified land designated Tier I or Tier III -A SPA
32 located within the Upper Keys Subarea;
33 b, Donation 12 non -scarified IS Lots designated Tier I or Tier 111-A located within
34 the Upper Keys Subarea; or
35 c. Donation 12 IS lots designated Tier III for affordable housing within the Upper
36 Keys Subarea.; and
37 5. The proposed amendment is consistent with the Key Largo Community Master Plan;
38 and
39 6. The proposed amendment is consistent with the Principles for Guiding Development
40 for the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida
41 Statute; and
42 7. The proposed amendment is consistent with Part H of Chapter 163, Florida Statute.
43
44 WHEREAS, the Monroe County Planning Commission passed Resolution No. P34-14
45 recommending approval of the proposed amendment contingent on compliance with Policy
46 101.4.20 prior to adoption; and
Ord. No.-- 2015
Page 2 of 4
EXHIBIT A to RESOLUTION NO. -2014
1
2 WHEREAS, at a regularly scheduled meeting held on the day of the
3 Monroe County Board of County Commissioners held a public hearing, considered the staff
4 report, and provided for public comment and public participation in accordance with the
5 requirements of state law and the procedures adopted for public participation in the planning
6 process, and recommended — to the State Land Planning Agency and
7 Reviewing Agencies as defined in Section 163.3184(l)(c), Florida Statutes for review and
8 comment; and
9
10 WHEREAS, the Monroe County Board of County Commissioners makes the following
I I Conclusions of Law:
12 1 . The ordinance is consistent with the Principles for Guiding Development in the
13 Florida Keys Area of Critical State Concern;
14 2. The ordinance is consistent with the provisions and intent of the Monroe County
15 Comprehensive Plan; and
16 3. The ordinance is consistent with the provisions and intent of the Monroe County
17 Code;
18 4. The ordinance must comply with Comprehensive Plan Policy 101.4.20 prior to
19 adoption by the Board of County Commissioners. Based on the density/intensity
20 analysis, and in order to mitigate for the impacts of approval, one of the following
21 options needs to be addressed:
22 a. Donation of 4.4 acres of non -scarified land designated Tier I or Tier 111-A SPA
23 located within the Upper Keys Subarea;
24 b, Donation 12 non -scarified IS Lots designated Tier I or Tier 111-A located within
25 the Upper Keys Subarea; or
26 c. Donation 12 IS lots designated Tier III for affordable housing within the Upper
27 Keys Subarea; and
28
29 WHEREAS, on the State Land Planning Agency issued its Objections,
30 Recommendations, and Comments (ORC) report. The ORC report
31 states and
32
33 WHEREAS, as a response to the ORC Report, Monroe County
34
35
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37 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
38 COUNTY COMMISSIONERS:
39
40 Section 1. The Future Land Use Map of the Monroe County 2010 Comprehensive Plan is
41 amended as follows:
42
43 The property located at 97770 and 97702 Overseas Highway, Key Largo, Mile
44 Marker 98, described as parcels of land in section 6, township 62 south, range 39
45 east, Island of Key Largo, Monroe County, Florida, having real estate numbers
46 00091000.000000 and 00091020.000000 is changed from Residential Low (RL)
Ord. No.-- 2015
Page 3 of 4
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EXHIBIT A to RESOLUTION NO. -2014
to Mixed Use/Commercial (MC) as shown on Exhibit 1, attached hereto and
incorporated herein.
Section 2. Severability. If any section, subsection, sentence, clause, item, change, or provision
of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such
validity.
Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in conflict
with this ordinance are hereby repealed to the extent of said conflict.
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.
zn
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, and if challenged, until such challenge is resolved pursuant to Chapter 120, Florida
Statutes.
Section 6. Inclusion in the The foregoing amendment shall be
incorporated in the Monroe County Year 2010 Comprehensive Plan and included on the Future
Land Use Map.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
at a regular meeting held on the — day of 12015.
Mayor Danny L. Kolhage
Mayor Pro Tem Heather Carruthers
Commissioner David Rice
Commissioner George Neugent
Commissioner Sylvia Murphy
ill'i��'���,l�� 1 11111 111,111 6110111111,111 11 i I I �� i 11
IM
(SEAL)
ATTEST: AMY HEAVILIN, CLERK
Deputy Clerk
Mayor Danny L. Kolhage
Ord. No. -2015
Page 4 of 4
MONROE COUNTY ATTORNEY
A:P70VED AS TWOTM.
STEVEN T. WILLIAMS
The Monroe County Future Land Use Map is amended
as indicated above.
Proposal: Future Land Use change of two paroels of land in Key Largo having Real Estate Numbers:
00091000-000000 and 00091020-000000 from Residential Low (RL) to Mixed-UseCDmmercial (MC).
13
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0 10.0
NE
MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL REsOURCEs DEPARTMENT
We strive to be caring, professional andfair
To:
Through:
From:
Date:
Monroe County Board of County Commissioners
Christine Hurley, AICP, Director of Growth Management
Townsley Schwab, Senior Director of Planning & Environmental Resources
Maytd Santamaria, Assistant Director of Planning
Emily Schemper, Principal Planner
November 17, 2014
Subject: Request by See the Sea of Key Largo, Inc. and Coconut Bay of Key Largo, Inc, to
amend the Future Land Use Map (FLUM) of the Monroe County Year 2010
Comprehensive Plan from Residential Low (RL) to Mixed Use/Commercial (MC)
for property located at 97770 and 97702 Overseas Highway, mile marker 98, Key
Largo.
Meeting: December 10, 2014
1. REQUEST
On June 16, 2014, See the Sea of Key Largo, Inc. and Coconut Bay of Key Largo, Inc., doing
business as Bay Harbor Lodge, submitted an application requesting to amend the Future Land Use
Map (FLUM) of the Monroe County Year 2010 Comprehensive Plan from Residential Low (RL) to
Mixed Use/Commercial (MC) for property located at 97770 and 97702 Overseas Highway, Key
Largo, having real estate numbers 0009 1000.000000 and 00091020.000000.
File # 2014-081
Page I of 14
1 11. BACKGROUND INFORMATION
2
3 Site Information
4 Location: MM 98, Key Largo, Bayside
5 Address: 97770 and 97702 Overseas Highway
6 Description: Part of Lot 10, PBI-59, Section 6, Township 62 South, Range 39 East; Island of
7 Key Largo
8 Real Estate Numbers: 0009 1000.000000 and 00091020.000000
9 Owner/Applicant: See the Sea of Key Largo, Inc. and Coconut Bay of Key Largo, Inc., doing
10 business as Bay Harbor Lodge
I I Size of Site: 2.2 acres
12 Land Use District: SR (SC is concurrently proposed)
13 FLUM Designation: RL
14 Tier Designation: III
15 Flood Zones: X; AE (EL 9); AE (EL 10); VE (13)
16 Existing Use: Hotel/Motel
17 Existing Vegetation/Habitat: Developed land
18 Community Character of Immediate Vicinity: Adjacent land uses consist of MU and SC
19 district uses. North: Kona Kai Resort; South: Seafarer Resort; East: Harmony Healing
20 Chiropractor, Conch Republic Woodworks; West: Florida Bay
21
22 The subject property currently has a Land Use District (LUD) designation of Suburban Residential
23 (SR) and a Future Land Use Map (FLUM) designation of Residential Low (RL). The property was
24 partially within a BU-2 district (Medium Business) and partially within a RU-3 district (Multiple
25 Family Residential) prior to September 15, 1986 when it was re -designated as SR (the final adoption
26 of the LUD map was in 1992). With the adoption of the Comprehensive Plan's FLUM in 1997, the
27 subject parcels were given their current FLUM designation of RL.
28
29 The subject property is currently developed with a motel/hotel. According to the Monroe County
30 Property Appraiser's records, the portion of the subject property assessed as RE #00091020,000000
31 is currently developed with five buildings, with year built dates of 1968, 1971, 1983, 1954 and 1968.
32 The portion of the subject property assessed as RE #00091000.000000 is currently developed with
33 three buildings, with year built dates of 1967, 1967 and 1967.
34
35 Lawful Nonconformity
36 Although the SR LUD may permit a hotel of up to I I rooms, the RL FLUM designation does not
37 allow hotels. Monroe County Comprehensive Plan (MCCP) Policy 101.4.2 states that, "the principal
38 purpose of the Residential Low land use category is to provide for low -density residential
39 development in partially developed areas with substantial native vegetation," and does not refer to
40 hotels or other transient residential uses. Further, MCCP Policy 101.4.22 states that, for the RL
41 FLUM category, the allocated density for transient residential uses is 0 rooms/spaces and the
42 maximum net density for transient residential uses is N/A.
43
44 The existing hotel use is therefore not consistent with the RL FLUM category, as it does not conform
45 to its purpose or density and intensity standards. As such, it is considered a nonconforming use to the
46 provisions of the MCCP and as it was lawfully established, the hotel use may continue to exist per
File # 2014-081 Pagge 2 of 14
I the nonconformity policies provided under MCCP Objective 101.8. The applicant is requesting to
2 amend the FLUM designation for the existing transient use from Residential Low (RL) to Mixed
3 Use Commercial (MC). The proposed FLUM amendment, together with the associated proposed
4 LUD amendment from SR to SC will eliminate the nonconformity of the use. The subject of this staff
5 report is the requested FLUM amendment.
6
7 The current Planning & Environmental Resources Department's fee schedule (adopted June 19,
8 2013 by Resolution #183-2013) includes a special provision for properties with certain
9 nonconforming uses. The BOCC first adopted this provision as an amendment to the fee schedule on
10 April 18, 2012 by Resolution #127-2012. This resolution amended the Planning & Environmental
I I Resources Department's fee schedule to waive application fees for property owners applying for a
12 LUD map and/or FLUM amendment that eliminates a lawfully established nonconforming use
13 created with the final adoption of the LUD map and/or FLUM, and which does not create an adverse
14 effect on the community, To be exempt from the FLUM amendment application fee, the property
15 owner must provide satisfactory evidence that the existing use on the site also existed lawfully in
16 1997 and was deemed nonconforming by final adoption of the FLUM.
17
18 On December 23, 2013, Monroe County Planning staff issued a Letter of Understanding (LOU)
19 concerning the property (File # 2013-110; Exhibit 1). As detailed in the LOU, staff has found that
20 there is satisfactory evidence indicating that the existing SR LUD designation and RL FLUM
21 designation may have been assigned in error as there had been a motel/hotel on the property on and
22 prior to September 15, 1986. Although the applicant did not propose a new FLUM category at the
23 time of the LOU, staff determined that, if the applicant requests a FLUM designation that permits the
24 existing hotel/motel use, the request would qualify for the fee exemption to the FLUM Amendment.
25 The applicant's request to change the FLUM designation of the property to MC would permit the
26 existing hotel use, and therefore, the request qualifies for the fee exemption.
27
28 It should be noted that although staff determined the existing hotel use was lawfully established, the
29 LOU dated December 23, 2013 did not recognize or otherwise support the total number of
30 hotel/motel rooms (21) existing on the site as lawfully established, and the letter did not address the
31 single permanent dwelling unit listed by the applicant of this map amendment as existing
32 development on the site. This map amendment and any associated documents shall not be used as
33 evidence of the specific number of hotel rooms or other dwelling units lawfully established. In order
34 to receive a determination regarding the lawfully established number of hotel/motel rooms and/or
35 other dwelling units on the subject property, the property owner must apply for a Letter of
36 Development Rights Determination.
37
38 Livable CommuniKeys Plan
39 Comprehensive Plan Policy 101.20.1 states. "Monroe County shall develop a series of Community
40 Master Plans." These "CommuniKeys Plans" implement a vision that was developed by the local
41 community.
42
43 In 2006, the BOCC adopted Policy 101.20.2(5) which incorporated the Key Largo Livable
44 CommuniKeys Master Plan into the Monroe County 201.0 Comprehensive Plan. Action Item 1.3.2
45 within the Key Largo Livable CommuniKeys Master Plan states: "Revise the FLUM and Land Use
46 District Maps to resolve nonconformities in the planning area where appropriate." The proposed
File # 2014-081 Page 3 of 14
FLUM amendment and associated LUD map amendment implement this Action Item of the adopted
Key Largo Livable CornmuniKeys Master Plan.
DRC and Planning Commission Review
At its regularly scheduled meeting on September 23, 2014, the Monroe County Development
Review Committee (DRC) reviewed the proposed FLUM amendment. The information provided in
the staff report and discussed at the September 23, 2014 meeting supports the Chair's decision to
recommend approval to the Planning Commission and Board of County Commissioners (BOCC).
At its regularly scheduled meeting on October 29, 2014, the Monroe County Planning Commission
reviewed the proposed FLUM amendment, along with its corresponding LUD amendment. The
Planning Commission discussed the applicant's need to comply with Comprehensive Plan Policy
101.4.20 prior to adoption by the BOCC (discussed in detail below). The Planning Commission
recommended approval to the BOCC of the proposed FLUM amendment, as memorialized through
Resolution P34-14 (Exhibit 2).
Maximum Allocated Densitv and Intensitv bv Future Land IJ-,e Mau DeRiPInation
Adopted
Development
Existing FLUM
Type
Standards
potential based
upon density
Residential
Allocated Density/Acre
0.25-0.50 du/ac
0.55-1.1 unit
Residential Low (RL)
Transient
Allocated Density/Acre
0 rooms/spaces
0 rooms/spaces
Tollakile: 2.2 �acr('S
(9z,412 sh
Nonresidential
.
Maximum Intensity
0.20-0.25 FAR
19,166-23,958 sf
Adopted
Development
Proposed FLUM
Type
Standards
potential based
upon density
Mixed Use/ Commercial (MC)
Residenti al
Allocated Density/Acre
1-6 du/ac
2.2-13.2 units
Transient
Allocated Density/Acre
5-15 rooms/spaces
11-33 rooms/spaces
Total site" 12 acres
,95,N32 sf)
1
Nonresidential
Maximum Intensity
0. 10-0.45 FAR
9,583 — 43,124 st'
Residential: +12 units
Net Change in Development
Transient: +33 rooms/spaces*
Potential Based on FLUM
Nonresidential: +19,166 sf
20
21 The above table provides an approximation of the development potential for residential, transient
22 and commercial development. Section 130�156(b) of the Land Development Code states: "The
File # 2014-081
Page 4 of 14
I density and intensity provisions set out in this section are intended to be applied cumulatively so that
2 no development shall exceed the total density limits of this article. For example, if a development
3 includes both residential and commercial development, the total gross amount of development shall
4 not exceed the cumulated permitted intensity of the parcel proposed for development."
5
6 As shown in the table, the proposed FLUM amendment would result in a maximum increase in
7 residential development potential of 12 dwelling units, The maximum increase in nonresidential
8 development potential would be 19,166 square feet.
9
10 Any proposed new residential or nonresidential use must compete in the Residential or
I I Nonresidential Rate of Growth Ordinance (ROGO/NROGO) permit process. An existing affordable
12 residential use may also be transferred to the subject property from a sender site that is located
13 within the Upper Keys subarea.
14
15 *Monroe County currently does not award ROGO allocations for the development of NEW transient
16 residential units (e.g., hotel & motel rooms), pursuant to MCCP Policy 101.2.6. For the development
17 of transient units in unincorporated Monroe County, existing transient units must be transferred from
18 the same ROGO subarea to a parcel designated as Tier 111, or Tier 111-A which does not propose the
19 clearing of any portion of an upland native habitat patch of one acre or greater in area.
20
21 Compliance with Comprehensive Plan Policy 101.4.20
22 Policy 101.4.20 (discouragement policy) of the Comprehensive Plan was adopted by the BOCC on
23 September 21, 2012, with an effective date of November 20, 2012, and applies to this application.
24 Private applications which propose increases in allocated density must comply with the Policy
25 requirements. Based on the density/intensity analysis, and in order to mitigate for the impacts of
26 approval, one of the following options needs to be addressed prior to adoption of the proposed
27 FLUM amendment by the BOCC:
28 a. Donation of 4.4 acres of non -scarified land designated Tier I or Tier 111-A SPA located
29 within the Upper Keys Subarea;
30 b. Donation of 12 non -scarified IS Lots designated Tier I or Tier III -A located within the Upper
31 Keys Subarea; or
32 c. Donation of 12 IS lots designated Tier III for affordable housing within the Upper Keys
33 Subarea.
34
35 Both the Planning Connnission and the BOCC have recommended amending Policy 101.4.20 to clari'� t at only
36 FLUM amendments which increase residential allocated densitY would be subject to the mitigation requirements,
37 eliminating mitigation requirementsf6r increases in. nonresidential intensi�y. The BOCC anticipates transmitting
38 this ainendment with the Comprehensive Plan updare in Januaq 2015. Note, even with the proposed amendment
39 becoming effective, the applicant would still need to address the proposed increases in residential allocated densiAy
40 (+12 un.its).
41
42 Compatibility with the Surrounding Area
43 a. Existing Vegetation/Habitat: Developed land
44 b. Existing Tier Designation: III
45 c. Number of Listed Endangered or Threatened Species: None
46 d. Existing Use: Hotel/motel
File # 2014-081 Page 5 of 14
e. Community Character of Immediate Vicinity: Adjacent land consists of MC uses: North:
Kona Kai Resort; South: Seafarer Resort; East: Han-nony Healing Chiropractor, Conch
Republic Woodworks; West: Florida Bay
The proposed FLUM is not anticipated to adversely impact the community character of the
surrounding area.
Concurrency Analysis (Comprehensive Plan Policy 101.1.1)
Traffic Circulation (Comprehensive Plan Policy 301. 1. 1)
The subject property is located on U.S. I in Key Largo. The property is only accessible by U.S. 1.
The 2013 URS Arterial Travel Time and Delay Study for Monroe County indicated a LOS of A in
Key Largo (MM 99.5 to MM 106.0). U.S I is required to maintain a level of serve (LOS) of "C" in
order to support development.
The proposed FL UM is not anticipated to adversely impact the Traffic Circulation LOS.
Potable Water (Comprehensive Plan Policy 701.1.1)
In March 2008, South Florida Water Management District (SFWMD) approved the FKAA's
modification of WUP 13-00005-5-W for a 20-year allocation from the Biscayne and Floridian
Aquifers. The WUP provides an annual allocation of 8,751 Million Gallons (MG) or 23.98 MGD
and a maximum monthly allocation of 809 MG with a limited annual withdrawal from the Biscayne
Aquifer of 6,492 MG or 17.79 MGD and an average dry season (December I't-April 30th) of ITO
MGD.
The Residential LOS is 66.5 gallons/capita/day. The Non -Residential LOS is 0.35 gallons /sq.ft./day.
The overall level of service for potable water is 132 gallons per capitalper/day.
Maximum Residential: 13 DU X 2.24 (people per household) = 29; 29 X 66.5 gallons per capita per
day = 1,928.5 gallons per day
Maximum Nonresidential: 0.35 gal/sq.ft/day. X 43,124 sq.ft.= 15,093.4 gallons per day
The proposed FLUM is not anticipated to adversely impact the Potable Water LOS.
Solid Waste (Comprehensive Plan Policy 80 1. 1. 11
Comprehensive Plan Policy 801.1.1 establishes the level of service for solid waste as 5.44 pounds per
capita per day or 12.2 pounds per day per equivalent residential unit (ERU) and establishes a haul out
capacity of 95,000 tons per year or 42,668 ERUs. The Comprehensive plan requires sufficient
capacity be available at a solid waste disposal site to accommodate all existing and approved
development for a period of three years from the projected date of completion of the proposed
development of use. Monroe County has a solid waste haul -out contract with Waste Management
LLC, which authorizes the use of in -state facilities through September 31, 2024, thereby providing
the County with approximately ten years of guaranteed capacity.
File # 2014-081 Page 6 of 14
I Maximum Residential = 13 DUs X 2.24 (people per household) = 29; 29 X 5.44 pounds per capita
2 per day = 158 pounds per day
3
4 The proposed FLUM is not anticipated to adversely impact the Solid Waste LOS.
5
6 Sanitary Sewer (Comprehensive Plap Polic�L90 1. 1.1
7 The subject property is presently connected to the Key Largo Wastewater Treatment District central
8 sewer system. The level of service (LOS) for residential and nonresidential flow is 145 gallons per
9 day per equivalent dwelling units (Exhibit 3-8 Sanitary Wastewater Master Plan 2000).
10
I I Maximum Residential = 13 X 145 = 1,885 gallons..12er day
12
13 The proposed FLUM is not anticipated to adversely impact the Sanitary Sewer LOS.
14
15 Drainage (Comprehensive Plan Policy 1001. 1. 1)
16 All projects shall be designed so that the discharges will meet Florida State Water Quality Standards
17 as set forth in Chapters 17-25 and 17-302, F.A.C, incorporated herein by reference. In addition, all
18 projects shall include an additional 50% of the water quality treatment specified below, which shall
19 be calculated by multiplying the volumes obtained in Section (a) by a factor of 1.5
20 Retention/Detention Criteria (SFWMD Water Quality Criteria 3.2.2.2):
21
22 a) Retention and/or detention in the overall system, including swales, lakes, canals, greenways,
23 etc., shall be provided for by one of the three following criteria or equivalent combinations thereof:
24 (1) Wet detention volume shall be provided for the first inch of runoff from the developed
25 project, or the total runoff of 2.5 inches times the percentage of imperviousness, whichever is
26 greater.
27 (2) Dry detention volume shall be provided equal to 75 percent of the above amount
28 computed for wet detention.
29 (3) Retention volume shall be provided equal to 50 percent of the above amounts computed
30 for wet detention.
31 b) Infill residential development within improved residential areas or subdivisions existing prior
32 to the adoption of this comprehensive plan must ensure that its post -development stormwater run-off
33 will not contribute pollutants which will cause the runoff from the entire improved area or
34 subdivision to degrade receiving water bodies and their water quality as stated above.
35 C) New Development and Redevelopment projects which are exempt from the South Florida
36 Water Management District permitting process shall also meet the requirements of Chapter 40-4 and
37 40E-40, F.A.C.
38
39 The proposed FLUM is not anticipated to adversely impact the Drainage LOS.
40
41 Recreation and Open Space (Comprehensive Plan Policy 120 1. 1. 1)
42 The County has adopted an overall level of service, pursuant to Comprehensive Plan Policy
43 1201.1.1, for resourced-based and activity -based recreation and open space of 0.82 acres of per
44 1,000 persons (functional population). If development occurs at 13 residential dwelling units and
File # 2014-081 Page 7 of 14
2.24 per capita, there would be an additional 29 people located on this property.
The proposed FLUM is not anticipated to adversely impact Parks and RecreationlOpen Space
LOS.
A. The proposed amendment is generally consistent with the following Goals, Objectives and
Policies of the Monroe County Year 2010 Comprehensive Plan (Note: compliance with Policy
101.4.20 must be established prior to BOCC adoption of the proposed FLUM amendment).
Specifically, it 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.
Policy 101.1.1: Monroe County shall adopt level of service (LOS) standards for the following public
facility types required by Chapter 9J-5, F.A.C: roads, sanitary sewer, solid waste, drainage, potable
water, parks and recreation, and paratransit. The LOS standards are established in the following
sections of the Comprehensive Plan:
1. The LOS for roads is established in Traffic and Circulation Policy 301.1.1;
2. The LOS for potable water is established in Potable Water Policy 701.1.1;
3. The LOS for solid waste is established in Solid Waste Policy 801.1.1;
4. The LOS for sanitary sewer is established in Sanitary Sewer Policy 901.1.1;
5. The LOS for drainage is established in Drainage Policy 1001.1.1; and
6. The LOS for parks and recreation is established in Recreation and Open Space Policy 120 1. 1.1
Objective 101A 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 101.4.5: 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.
Policy 101.4.20: In order to implement the Florida Keys Carrying Capacity Study, Monroe County
shall promote the reduction in overall County density and intensity and the preservation of Monroe
County's native habitat by enacting legislation which implements the following policy statements for
File # 2014-081 Page 8 of 14
1 private applications for future land use map amendments which increase allowable density and/or
2 intensity. Private application(s) means those applications from private entities with ownership of the
3 upland development and parce](s) of land or includes private upland development on County -owned
4 land.
5 Private applications requesting future land use map designation amendments received after the
6 effective date of this ordinance, which propose increases in allocated density and intensity shall be
7 required to comply with either option (1) or (2) below:
8 (1) For every acre of land, and/or fractions thereof, where there is a request to increase density
9 and/or intensity, a private applicant shall purchase and donate land that is a minimum of twice the
10 size of the parcel subject to the proposed request, which contains non -scarified native upland habitat
I I and/or undisturbed wetland habitat to Monroe County for conservation, The following requirements
12 apply:
13 0 The donated land shall be designated as Tier 1, Tier 11 or Tier 111-A Special Protection Area
14 and be located on Big Pine Key/No Name Key or be within the same sub -area of
15 unincorporated Monroe County as the proposed increase in density and/or intensity.
16 * The land shall be inspected by the Monroe County Biologist to assure it is acceptable for
17 acquisition and donation.
18 * A restrictive covenant shall be recorded to extinguish the development rights on the donated
19 land.
20 0 The Future Land Use Map Designation for the donated land may be designated by the
21 County as Conservation (C).
22 (2) For each requested additional unit of density, a private applicant shall purchase and donate a lot
23 designated as Improved Subdivision (IS) district on the Land Use (Zoning) District map which
24 contain non -scarified native upland habitat and/or undisturbed wetland habitat to Monroe County.
25 The following requirements apply:
26 0 Private applicants shall provide IS lots pursuant to a 1:1 (1 unit: 1 lot) ratio to mitigate the
27 request for increased allowable density, pursuant to option (a) or (b) below:
28
29 (a) The donated IS lot(s) shall be designated as Tier 1, Tier It or Tier 111-A Special Protection Area
30 and be located on Big Pine Key/No Name Key or be within the same sub -area of unincorporated
31 Monroe County as the proposed increase in density.
32 0 The IS lot(s) shall be inspected by the Monroe County Biologist to assure it is acceptable for
33 acquisition and donation.
34 0 A restrictive covenant shall be recorded to extinguish the development rights on the donated
35 land.
36 0 The Future Land Use Map Designation for the donated land may be designated by the
37 County as Conservation (C).
38 (b) The donated IS lot(s) shall be designated as Tier 111, suitable for affordable housing and must be
39 within the same sub -area of unincorporated Monroe County as the proposed increase in density.
40 The IS lot(s) shall be dedicated to Monroe County for affordable housing projects,
41
42 For options (1) and (2) described above, the parcel which is the subject of the request to increase its
43 density and intensity must be designated as Tier III and have existing public facilities and services
44 and available central wastewater facilities.
45
File # 2014-081 Page 9 of 14
I Objective 101.8: Monroe County shall eliminate or reduce the frequency of uses which are
2 inconsistent with the applicable provisions of the land development regulations and the Future Land
3 Use Map, and structures which are inconsistent with applicable codes and land development
4 regulations.
5
6 Objective 101.11: Monroe County shall implement measures to direct future growth away from
7 environmentally sensitive land and towards established development areas served by existing public
8 facilities.
9
10 Objective 101.20: Monroe County shall address local community needs while balancing the needs of
I I all Monroe County communities. These efforts shall focus on the human crafted environment and
12 shall be undertaken through the Livable CornmuniKeys Planning Program.
13
14 Policy 101.20.2: The Community Master Plans shall be incorporated into the 2010 Comprehensive
15 Plan as a part of the plan and be implemented as part of the Comprehensive Plan, The following
16 Community Master Plans have been completed in accordance with the principles outlined in this
17 section and adopted by the Board of County Commissioners:
18
19 5. The Key Largo Livable CommuniKeys Master Plan is incorporated by reference into the 2010
20 Comprehensive Plan. The term Strategies in the Master Plan is equivalent to the term Objectives
21 in the Comprehensive Plan and the term Action Item is equivalent to the term Policy; the
22 meanings and requirements for implementation are synonymous.
23
24 B. The proposed amendment is consistent with the following Key Largo Livable
25 CommuniKeys Plan Action Item-
26
27 Action Item 1.3.2: Revise the FLUM and Land Use District Maps to resolve nonconformities in the
28 planning area where appropriate.
29
30 C. The proposed amendment is consistent with the Principles for Guiding Development for the
31 Florida Keys Area, Section 380.0552(7), Florida Statutes.
32
33 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with
34 the principles for guiding development and any amendments to the principles, the principles shall be
35 construed as a whole and no specific provision shall be construed or applied in isolation from the
36 other provisions.
37
38 (a) Strengthening local government capabilities for managing land use and development so that local
39 government is able to achieve these objectives without continuing the area of critical state concern
40 designation.
41 (b) Protecting shoreline and marine resources, including mangroves, coral reef formations, seagrass
42 beds, wetlands, fish and wildlife, and their habitat.
43 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native
44 tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches,
45 wildlife, and their habitat.
File # 2014-081 Page 10 of 14
I (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
2 development.
3 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida
4 Keys.
5 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment,
6 and ensuring that development is compatible with the unique historic character of the Florida Keys.
7 (g) Protecting the historical heritage of the Florida Keys.
8 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed
9 major public investments, including:
10
'11 1 . The Florida Keys Aqueduct and water supply facilities;
12 2. Sewage collection, treatment, and disposal facilities;
13 3�. Solid waste treatment, collection, and disposal facilities;
14 4. Key West Naval Air Station and other military facilities;
15 5. Transportation facilities;
16 6. Federal parks, wildlife refuges, and marine sanctuaries;
17 7. State parks, recreation facilities, aquatic preserves, and other publicly owned properties;
18 8. City electric service and the Florida Keys Electric Co-op; and
19 9. Other utilities, as appropriate.
20
21 (i) Protecting and improving water quality by providing for the construction, operation,
22 maintenance, and replacement of stormwater management facilities; central sewage collection;
23 treatment and disposal facilities; and the installation and proper operation and maintenance of onsite
24 sewage treatment and disposal systems.
25 0) Ensuring the improvement of nearshore water quality by requiring the construction and operation
26 of wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and
27 403.086(10), as applicable, and by directing growth to areas served by central wastewater treatment
28 facilities through permit allocation systems.
29 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida
30 Keys.
31 (1) Making available adequate affordable housing for all sectors of the population of the Florida
32 Keys.
33 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a
34 natural or manmade disaster and for a postdisaster reconstruction plan.
35 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and
36 maintaining the Florida Keys as a unique Florida resource.
37
38 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is consistent with the
39 Principles for Guiding Development as a whole and is not inconsistent with any Principle.
40
41 C. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statutes (F.S.).
42 Specifically, the amendment furthers:
43
44 163.3161(4), F.S. — It is the intent of this act that local governments have the ability to preserve and
45 enhance present advantages; encourage the most appropriate use of land, water, and resources,
46 consistent with the public interest; overcome present handicaps; and deal effectively with future
47 problerns that may result from the use and development of land within their jurisdictions, Through
File # 2014-081 Page I I of 14
the process of comprehensive planning, it is intended that units 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), ES. - 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. 3,30.35 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)g., F.S. - Future land use map amendments shall be based upon the following
analyses:
File #2014-081 Pap 12 of 14
I a. An analysis of the availability of facilities and services.
2 b. An analysis of the suitability of the plan amendment for its proposed use considering the character
3 of the undeveloped land, soils, topography, natural resources, and historic resources on site.
4 c. An analysis of the minimum amount of land needed to achieve the goals and requirements of this
5 section.
6
7 163.3194(l)(b), F.S. — All land development regulations enacted or amended shall be consistent with
8 the adopted comprehensive plan, or element or portion thereof, and any land development
9 regulations existing at the time of adoption which are not consistent with the adopted comprehensive
10 plan, or element or portion thereof, shall be amended so as to be consistent. If a local government
I I allows an existing land development regulation which is inconsistent with the most recently adopted
12 comprehensive plan, or element or portion thereof, to rernain in effect, the local government shall
13 adopt a schedule for bringing the land development regulation into conformity with the provisions of
14 the most recently adopted comprehensive plan, or element or portion thereof. During the interim
15 period when the provisions of the most recently adopted comprehensive plan, or element or portion
16 thereof, and the land development regulations are inconsistent, the provisions of the most recently
17 adopted comprehensive plan, or element or portion thereof, shall govern any action taken in regard
18 to an application for a development order.
19
20 163.3194(3)(a), F.S. — A development order or land development regulation shall be consistent with
21 the comprehensive plan if the land uses, densities or intensities, and other aspects of development
22 permitted by such order or regulation are compatible with and further the objectives, policies, land
23 uses, and densities or intensities in the comprehensive plan and if it meets all other criteria
24 enumerated by the local government.
25
26 163,3201, F.S. — It is the intent of this act that adopted comprehensive plans or elements thereof
27 shall be implemented, in part, by the adoption and enforcement of appropriate local regulations on
28 the development of lands and waters within an area. It is the intent of this act that the adoption and
29 enforcement by a governing body of regulations for the development of land or the adoption and
30 enforcement by a governing body of a land development code for an area shall be based on, be
31 related to, and be a means of implementation for an adopted comprehensive plan as required by this
32 act.
33
34 V1. PROCESS
35
36 Comprehensive Plan Amendments may be proposed by the BOCC, the Planning Commission, the
37 Director of Planning, or the owner or other person having a contractual interest in property to be
38 affected by a proposed amendment. The Director of Planning shall review and process applications
39 as they are received and pass them onto the Development Review Committee and the Planning
40 Commission.
41
42 The Planning Commission shall hold at least one public hearing. The Planning Commission shall
43 review the application, the reports and recommendations of the Department of Planning &
44 Environmental Resources and the Development Review Committee, and the testimony given at the
45 public hearing. The Planning Commission shall submit its recommendations and findings to the
46 BOCC. The BOCC hold's a public hearing to consider the transmittal of the proposed comprehensive
File # 2014-081 Page 13 of 14
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. If the amendment is transmitted to State Land Planning Agency, they review the proposal
and issue an Objections, Recommendations and Comments (ORC) Report. Upon receipt of the ORC
report, the County has 180 days to adopt the amendment, adopt the amendment with changes or not
adopt the amendment.
Staff recommends approval, provided compliance with Comprehensive Plan Policy 101.4.20 is
established prior to adoption of the proposed FLUM amendment by the BOCC. Based on the
density/intensity analysis, and in order to mitigate for the impacts of approval, one of the following
options needs to be addressed:
a. Donation of 4.4 acres of non -scarified land designated Tier I or Tier 111-A SPA located within
the Upper Keys Subarea;
b. Donation 12 non -scarified IS Lots designated Tier I or Tier 111-A located within the Upper
Keys Subarea; or
c. Donation 12 IS lots designated Tier III for affordable housing within the Upper Keys Subarea.
MA I M W-4 so I
1. Letter of Understanding dated December 23, 2013, concerning the Coconut Bay of Key Largo
and the See the Sea of Key Largo properties.
2. Planning Commission Resolution P34-14.
3. Proposed FLUM amendment for 00091000,000000 and 00091020.000000 in Key Largo.
He # 2014-081 Pa.-e 14 of 14
County of Monroe
Growth Management Division
P1anRipgj&_kRyiE2nMjflJ1LR&EMrM
Department
2799 Overseas Highway, Suite 4 10
Marathon, FL 33050
Voice: (305) 289-2500
FAX: (305) 289-2536
David De Haas Grosseck
89975 Overseas Highway 91
Tavernier, FL 33070
Exhibit I
to Staff Report
Board of Counti Commissioners
Mayor Sylvia J. Murphy, District 5
Mayor Pro Tern, Danny L. Kolhage, District I
George Ncugent� District 2
Heather Carruthers, District 3
David Rice, District 4
q.UBMCT': LETTER OF UNDERSTANDING CONCERNING THE 'COCONUT BAY
OF KEY LARGO INC'AND THE'SEE THE SEA OF KEY LARGO INC'
PROPERTIES, DOING BUSINESS AS BAY HARBOR LODGE,
LOCATED AT 97770 AND 97702 OVERSEAS HIGHWAY (US 1), KEY
LARGO, HAVING REAL ESTATE NUMBERS 00091000.000000 AND
00091020.000000
Mr,, De Haas Grosseck,
Pursuant to § 110-3 of the Monroe County Code (MCC), this document shall constitute a Letter
of Understanding (LOU). On September 19, 2013, a Pre -Application Conference regarding the
above -referenced property was held at the office of the Monroe County Planning &
Environmental Resources VT
Haas Grosseck and Eric Handte (hereafter referred to as "the Applicant") and Matt Coyle,
Planner, and Joseph Haberman, Planning & Development Review Manager (hereafter referred to
as "Staff").
Materials presentedfor review included:
(a) Pre -Application Conference Request Form;
(b) Monroe County Property Record Card-,
ram]
(d) Monroe County Code (MCQ; and
(e) Monroe County Comprehensive Plan (MCCP),
The Applicant requested a special letter of understanding in order to confirm whether the
existing motel/hotel use on the subject property is lawfully nonconforming and how to resolve
the nonconforming issue using the map amendment process.
Bay Harbor Lodge, Key Largo, Letter of Understanding (File #2013-110) Page I of 6
Subject Property with Land Use Districts Overlaid (Aerial dated 2012)
The subject property currently has a LUD designation of Suburban Residential (SR) and a FLU
designation of Residential Low (RL). It was partially within a BU-2 district (Medium Business)
and partially within a RU-3 district (Multiple Family Residential) prior to September 15, 1986
when it was re -designated as SR (the final adoption of the LUD map was in 1992).
Note: A Land Use District Map Determination, known as a boundary detennination, was filed in
1988 by a previous property owner, Laszlo Simoga. The application specifically requested a
LUD change ftorn SR to Suburban Commercial (SC). The application was not approved.
The subject property is currently developed with a motel/botel of 21 rooms (note: this total
number of rooms has yet to be confirmed by Staff as lawfully established),
There is not a building permit on file for the initial construction of the motel/hotel.
According to the Monroe County Property Appraiser's records, the portion of the subject
iwie-Av assissed as J , .9
- -P VA Imm go
11IM111 NIME-10
Bay Harbor Lodge, Key Largo, Letter of Understanding (File 92013-110) Page 2 of 6
a residential building is Building Permit #17938, which approved a residence with 2 bedrooms in
1969. There are several building permits on file, dating back to 1967. Most of the building
pennits on file refer to the name of a hotel. Building permits on file that were issued prior to
September 15, 1986 include: #14532 (1967- Fla. Bay Motel), #17938 (1969 — no reference to
hotel), #30704 (1973 — Bay Harbor Lodge), #C-3629 (1978 — Bay Harbor Lodge), and #C- 19860
(1986 — Bay Harbor Lodge),
According to the Monroe County Property Appraiser's records, the portion of the subject
property assessed as RE #00091000.000000 is currently developed with three buildings, with
year built dates of 1967, 1967 and 1967 respectively. Building permits on file for residential
buildings are Building Pen -nit #2799, which approved a motel building with 2 units/rooms in
1961, Building Permit #12694, which approved a residence with 2 bedrooms in 1967, and
BW'ldi P mit #17296 which a roved a residence with 2 bedrooms in 1969. There ar
hotel use may continue to exist per the nonconforming use regulations provided under MCC
§ 102-56.
Bay Harbor Lodge, Key Largo, Letter of Understanding (File #2013-110) Page 3 of 6
Note: Pursuant to MCC § 102-55, all known, lawful nonconforining uses may be registered with
the Planning & Environmental Resources Department. Once discovered and determined to be
lawful. c ylannin'- i . hu-�.vr
uses to an official registry.
Total Number ofMotellHotel Rooms and Letter of Development Rights Determination:
This letter does not recognize, or otherwise support, the total number motel/hotel rooms (21)
referred to in the pre�application conference application as lawfully established. In order to
receive a determination regarding the lawfully established number of motel/hotel rooms, the
property owner must submit a Letter of Development Rights Determination application.
Map Amendment Process to Turn the Existing Nonconforming Use into a Conforming Use:
The Board of County Commissioners passed and adopted a Planning & Environmental
Resources Department's fee schedule (currently Resolution #183-2013). Of relevance to the
subject property and the development thereon, the fee schedule currently includes the following
Provision:
There shall be no application or other fees, except advertising and noticing fees,
property owners who apply for a map amendment to the official [Land Use Distri
(LUD)] map and/or the official (Future Land Use Map (FLUM)I, if the property o
can provide satisfactory evidence that a currently existing use on the site that also exist
lawfully in 1992 was deemed nonconforming by final adoption of the—LUD map and/or
currently existing use on the site that also existed lawfully on the site in 1997
deemed nonconforming by final adoption of the FLUM. To qualify for the
exemption, the applicant must apply for a LUD and/or FLUM designation(s) that wo
eliminate the non -conforming use created with adoption of the existing designation(
and not create an adverse impact to the community. Prior to submittal of a rn
amendment application, the applicant must provide the evidence supporting the chan
and application for a fee exemption,%vith the proposed LUD map/FLUM designations
the Monroe County Planning & Environmental Resources Department as part of
application for a Letter of Understanding. Following a review, the Director of Planni
& Environmental Resources shall determine if the information and evidence is sufficie
WIF mzy zntlhv�o"i_&�hgrm�m��0_11 -
waiver, and approve or deny the fee exemption request. This fee waiver Letter
Understanding shall not obligate the staff to recommend approval or denial of t
proposed LUD or FLUM Category,
Resolution #183�2013 requires the property owner to provide satisfactory evidence that the
existing use on the site existed lawfully in 1992 and was deemed nonconforming by final
adoption of the LUD map and/or the existing use on the site existed lawfully in 1997 and was
deemed nonconforming by final adoption of the FLUM. Following a review, as the hotel
buildings were constructed prior to the adoption of the Land Development Code in 1986, Staff
has determined that the existing hotel use existed lawfully in 1992 and was deemed
nonconformine by the final adontion of the LUD -tra- . . . . . . . T . T U .
Bay Harbor Lodge, Key Largo, Letter of Understanding (File 92013-110) Page 4 of 6
hotel use existed lawfully in 1997 and was deemed nonconforming by the final adoption of the
FLUM.
Staff has found that there is satisfactory evidence indicating that the existing SR LUD
designation and RL FLUM designation may have been assigned in error as there had been a
motel/hotel on the property on and prior to September 15, 1986. If you choose new designations
that permit the existing hotel/motel use, Staff has detennined that such applications qualify for
fee exemptions to the "Comprehensive Plan, Future Land Use Map (FLUM) Amendment" of
$5,531.00 and the "Land Use District Map, Amendment —Nonresidential" fee of $4,929.00. You
may submit a FLUM amendment and/or LUD amendment application without the submittal of
the aforementioned application fees. You are responsible for all other fee requirements, including
the fees for advertising �$245.00 per application) and noticing ($3.00 per each surrounding
property per application), Please note that you are eligible for these fee waivers so long as such
waivers are permitted by the fee schedule. If the fee schedule is amended to remove such a
provision in the future, you may not be eligible to submit the application without such
zpplication fees.
Resolution 4183-2013 requires the property owner to apply for a LUD and/or FLUM
designation(s) that would eliminate the non -conforming use. Further, it is the responsibility of
the property owner to decide upon a new LUD and FLUM designation and submit the
corresponding applications and noticing/advertising fees.
MCCP 101.4.20, which concerns amendments proposing an increase in allocated density and/or
intensity. This policy requires the purchase and donation of land to offset the proposed "increase
(includes the requirement to donate acreage or Improved Subdivision (IS) lots,).
Noteo The contiguous, neighboring property to the southwest (assessed as RE
#00091010.000000) was granted a FLUM amendment from Residential Low (RL) to
Mixed Use / Commercial (MC) in 2008, as memorialized by Ordinance #025-2008, In
addition, it was granted a LUD amendment from Suburban Residential (SR) to Mixed
Use (MU) in 2009, as memorialized by Ordinance #005-2009.
TupTi-pony fle soF11wesi (assessect was
granted a FLUM amendment from Residential High (RH) to Mixed Use / Commercial
(MC) in 2008, as memorialized by Ordinance 4026-2008. In addition, it was granted a
LUD amendment from Urban Residential Mobile Home: (URM) to Mixed Use (MU) In
2009, as memorialized by Ordinance 4006-2009.
Bay Harbor Ledge, Key Largo, Letter of Understanding (File 42013-110) Page 5 of 6
-THISMATF Oil VTI-,, I in ITO lefter
as accurate under the regulations currently in effect. This letter does not provide any vesting to
the existing regulations. If the Monroe County Code or Comprehensive Plan is amended, the
project will be required to be consistent with all regulations and policies at the time of
development approval. The Department acknowledges that all items required as a part of the
application for development approval may not have been addressed at the meeting, and
consequently reserves the right for additional comment,
You may appeal decisions made in this letter. The appeal must be filed with the County
Administrator, 1100 Simonton Street, Gato Building, Key West, FL 33i040, within thirty (30)
calendar days from the date of this letter. In addition, please submit a copy of your application to
Planning Commission Coordinator, Monroe County Planning & Environmental Resources
Department, 279 8 Overseas: Highway, Suite 4 10, Marathon, FL 3 305 0.
We trust that this information is of assistance. If you have any questions regarding the contents
of this letter, or if we may further assist you with your project, please feet free to contact our
Marathon office at (305)289-2500.
Sincerely yours,
7:7
'Y; I m
To e. chwab, Se 'or Director of Planning & Environmental Resources
CC: Joseph Haberman, Planning & Development Review Manager
Mayte Santamaria, Assistant Director of Planning & Environmental Resources
Michael Roberts, Senior Administrator of Environmental Resources
Bay Harbor Lodge, Key Largo, Letter of Understanding (File #2013-110) Page 6 of 6
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Exhibit 2
to Staff Report
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2
3
4
5
6
MONROE COUNTY, FLORIDA
7
PLANNING COMMISSION RESOLUTION NO. P34-14
8
9
A RESOLUTION BY THE MONROE COUNTY PLANNING
10
COMMISSION RECOMMENDING APPROVAL OF AN ORDINANCE
11
BY THE MONROE COUNTY BOARD OF COUNTY
12
COMMISSIONERS AMENDING THE MONROE COUNTY FUTURE
13
LAND USE MAP FROM RESIDENTIAL LOW (RL) TO MIXED
14
USE/COMMERCIAL (MC) FOR PROPERTY LOCATED AT 97770
15
AND 97702 OVERSEAS HIGHWAY, KEY LARGO, MILE MARKER
16
98, DESCRIBED AS PARCELS OF LAND IN SECTION 6, TOWNSHIP
17
62 SOUTH, RANGE -30 EAST, ISLAND OF KEY LARGO, MONROE
18
COUNTY, FLORIDA, HAVING REAL ESTATE NUMBERS
19
00091000.000000 AND 000910�20.000000, AS PROPOSED BY SEE
20
THE SEA OF KEY LARGO, INC. AND COCONUT BAY OF KEY
21
LARGO, INC.; PROVIDING FOR SEVERABILITY; PROVIDING FOR
22
REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
23
TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND
24
THE SECRETARY OF STATE; PROVIDING FOR INCLUSION IN
25
THE MONROE COUNTY COMPREHENSIVE PLAN AND FOR
26
AMENDMENT TO THE FUTURE LAND USE MAP; PROVIDING
27
FOR AN EFFECTIVE DATE.
28
29
30 WHEREAS, the subject property is located at 97770 and 97702 Overseas Highway,
31 approximate Mile Marker 98, described as parcels of land in Section 6, Township 62 South,
32 Range 39 East, Key Largo. Monroe County, Florida, having real estate numbers
33 00091000.000000 and 00091020.000000; and
34
35 WHEREAS, during a regularly scheduled meeting held on September 23, 20,14, the
36 Monroe County Development Review Committee reviewed the application and recommended
37 approval; and
38
39 WHEREAS, during a regularly scheduled meeting held on October 29, 2014, the
40 Monroe County Planning Corim-iission held a public hearing for the purpose of considering the
41 transmittal to the State Land Planning Agency, for review and comment, of a propo-sed
42 amendment to the Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan,
43 as requested by See the Sea of Key Largo. Inc. and Coconut Bay of Key Largo, Inc., to amend
44 the subject property's Future Land Use Map designation from Residential Low (RL), to Mixed
45 Use/Commercial (MC); and
46
Resolution #P34-14
File #2014�081 Page I of)
I WHEREAS, the Planning Commission was presented with the following documents and
2 other information relevant to the request, which by reference is hereby incorporated as part of the
3 record of said hearing:
4
5 1 . Request for a Future Land Use Map (FLUM) amendment application, received by the
6 Planning & Environmental Resources Department on June 16, 2014 (File #2014-
7 08 1); and
8 2. Staff report prepared by Emily Schemper., Principal Plariner, dated October 20, 2014;
9 and
10 3. Draft Ordinance-, and
11 4. Sworn testimony of Mortroe County Planning. & Environmental Resources
12 Department staff, and
13 5. Advice and counsel of Steve Williams, Assistant County Attorney, and John Wolfe,
14 Plamaing Commission Counsel; and
is
16 WHEREAS, the Planning Commission discussed the applicant's need to comply with
17 Comprehensive Plan Policy 101.4.20 prior to adoption by the BOCC. Based on the
18 density/intensity analysis, and in order to mitigate for the impacts of approval, one of the
19 following options needs to be addresse&
20 a. Donation of 4.4 acres of non -scarified land designated Tier I or Tier 111-A SPA
21 located within the Upper Keys Subarea; or
22 b. Donation of 12 non -scarified IS Lots designated Tier I or Tier 111-A located within the
23 Upper Keys Subarea; or
24 c. Donation of 12 IS lots desicynated Tier III for affordable housing within the Upper
25 Keys Subarea.
26
27 WHEREAS, based upon the inforrriation and documentation submitted,, the Planning
29 Cormnission makes the following Findings of Fact and Conclusions of Law:
29
30 1. The proposed FLUM is not anticipated to adversely impact the community character
31 of the surrounding area; and
32 2. The proposed FLUM is not anticipated to adversely impact the Comprehensive Plan
33 adopted Level of Service; and
34 3. The proposed amendment is consistent with the Goals, Objectives and Policies of the
35 Monroe County Year 2010 Comprehensive Plan, contingent upon the applicant's
36 compliance with Policy 101.4.20 prior to adoption by the BOCC; and
37 4. The proposed amendment is consistent with the Key Largo Community Master Plan-,
38 and
39 5� The proposed amendment is consistent with the Principles for Guiding Development
40 for the Florida Keys Area of Critical State Concern, Section ')80.0552(7), Florida
41 Statute; and
42 6. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statute.
43
44 NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION
45 OF MONROE COUNTY, FLORIDA:
Resolution #P34-14
File 42014-081 Page 2 of 3
I The Monroe County Planning Cominission reconunends, the Future Land Use Map of the
2 Monroe County Year 2010 Com rehensive Plan be amended as stated below, contingent upon
p
3 compliance with Comprehensive Plan Policy 10 1.4.20 prior to adoption by the BOCC:
4
5 The property described as parcels of land in Section 6, Township 62 South, Range 39 East, Key
6 Largo, Monroe County, Florida, having real estate numbers 00091000.000000 and
7 00091020.000000, is changed from Residential Low (RL) to Mixed Use/Coirmiercial (MC).
8
9 PASSED AND ADOPTED BY THE PLAINNING COMMISSION of Monroe County.,
10 Florida, at a regular meeting held on the 2 91h day of October, 2014.
11
12 William Wiatt, Chair Yes
13 Denise Werling, Commissioner —Absent —
14 Jeb Hale, Commissioner Yes
15 Elizabeth Lu burg, Commissioner Yes
16 Ron Mille Commissioner —Yes
17
18 PLANNING 1"10 SS10 FLORIDA
19 By_
20 William Wiatt, Chair
21 jk
22 Signed this day of
23
24 Monroe County Planning Commission Attorney
25 (-4pproved As To F/rni
26
27 FILED WITH THE
28 Date:
29 NOV 1 9 2014
AGENCY CLERK
Resolution 4P34-14
File 42014-081 Pa,-e 3 of 3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 10, 2014 Division: Growth Management
Bulk Item: Yes No X Staff Contact Person/Phone #: Christine Hurley 289-2517
Ed Koconis 453-8727
AGENDA ITEM WORDING: A public hearing to consider a resolution to transmit to the State Land
Planning Agency an ordinance by the Monroe County Board of County Commissioners amending the
Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan from Industrial (1) to
Commercial (COMM) for property located at Mile Marker 9, Rockland Key, described as four parcels of
land within Section 21, Township 67 South, Range 26 East, on Rockland Key, Monroe County, Florida,
having real estate numbers 00122080-000000, 00122081-000200, 00122010-000000, and 00121990-
000000; and from Mixed Use/Commercial Fishing (MCF) and Industrial (1) to Mixed Use/Commercial
(MC) for property located at Mile Marker 9, Big Coppitt Key, described as a parcel of land within Section
21, Township 67 South, Range 26 East, on Big Coppitt Key, Monroe County, Florida, having real estate
number 00120940-000100. (Legislative Proceeding)
ITEM BACKGROUND: The Application was originally submitted on May 18, 2012 on behalf of
Rockland Operations, LLC, Frank P. Toppino Limited Partnership, Frank P. Toppino Land Trust No, 1,
Rockland Recycling Center, Inc., Edward Toppino Family Limited Partnership, Edward Toppino Sr. Land
Trust, Frank P. Toppino Family Limited Partnership, and Toppino Land Trust, LLC (collectively, "Toppino
Family Companies"). The original request was to amend the Future Land Use Map for 25 parcels totaling
approximately 84 acres on Rockland and Big Coppitt Keys from Industrial and Mixed Use/Commercial
Fishing to Mixed Use/Commercial.
The applicant has amended and reduced the request to the Rockland Operations and Rockland Commercial
Center requesting to amend the FLUM for five (5) parcels on Rockland and Big Coppitt Keys from
Industrial (1) and Mixed Use/Commercial Fishing (MCF) to Mixed Use/Commercial (MC) and
Commercial (COMM) totaling approximately 44 acres (- 15 acres MC and -29 acres COMM.)
If the BOCC votes to transmit the proposed comprehensive plan amendment to the State Land Planning
Agency, then the 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.
U9 *VC11110 t] 014 WKWy 8 11101101wMe
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: INDIRECT COST: BUDGETED: Yes No
REVENUE PRODUCING: Yes— No AMOUNT PER MONTH Year
APPROVED BY: County Att3e,42WIIYOMB/Purchasing — Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
RHEUM 11 1 ii i I i ii
Kw�avw A
A I I
WHEREAS, the Monroe County Board of County Commissioners conducted a public
hearing for the purpose of considering the transmittal pursuant to the State Coordinated Review
Process in Sec. 163.3184(4), F.S., to the State Land Planning Agency for objections,
recommendations and comments, and to the other Reviewing Agencies as defined in Sec.
163.3184(l)(c), F.S., for review and comment on a proposed amendment to the Monroe County
Year 2010 Comprehensive Plan as described above; and
WHEREAS, the Monroe County Planning Commission and the Monroe County Board
of County Commissioners support the transmittal of the requested future land use map
amendment;
NOW THERFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
P. I of 2
1
2 Section 1: The Board of County Commissioners does hereby adopt the recommendation of
3 the Planning Commission to transmit the draft ordinance, attached as Exhibit A,
4 for review of the proposed text amendment,
5
6 Section 2. The Monroe County staff is given authority to prepare and submit the required
7 transmittal letter and supporting documents for the proposed ainendment in
8 accordance with the requirements of Section 163.3184(4), Florida Statutes.
9
10 Section 3. The Clerk of the Board is hereby directed to forward a certified copy of this
11 resolution to the Director of Planning.
12
13
14 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
15 Florida, at a regular meeting held on the I Oth day of December, 2014.
16
17 Mayor Danny L. Kolhage
18 Mayor Pro Tern Heather Carruthers
19 Commissioner George Neugent
20 Commissioner David Rice
21 Commissioner Sylvia Murphy
22
23 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
24
25 BY
26
27
28
29
10
I (SEAL)
32 ATTEST: Amy Heavilin, Clerk
33
34 Deputy Clerk
3 5
36
Mayor Danny L. Kolhage
P. 2 of 2
Exhibit A
',Xilm L"I W-AL11 12 CM
1 r1l UN W.V
31
32
33 WHEREAS, Rockland Operations, LLC and Rockland Commercial Center, Inc.
34 submitted an application for a Future Land Use Map amendment from Industrial (1) to
35 Commercial (COMM) and from Mixed Use/Commercial Fishing (MCF) and Industrial (1) to
36 Mixed Use/Commercial (MC); and
37
38 WHEREAS, the Monroe County Development Review Committee considered the
39 proposed amendment at a regularly scheduled meeting held on the 29th day of April, 2014; and
40
41 WHEREAS, the Monroe County Planning Commission held a public hearing on the 27 1h
42 day of August, 2014, for review and recommendation on the proposed Future Land Use Map
43 amendment; and
44
45 WHEREAS, the Monroe County Planning Commission made the following findings of
46 fact and conclusions of law:
I
FIMMMME,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
J-)
34
35
36
37
38
39
40
41
42
43
44
45
1. The proposed FLUM is not anticipated to adversely impact the community character of
the surrounding area; and
2. The proposed FLUM is not anticipated to adversely impact the Comprehensive Plan
adopted Level of Service; and
3. The proposed amendment is consistent with the Goals, Objectives and Policies of the
Monroe County Year 2010 Comprehensive Plan; and
4. 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 Statute;
and
5. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statute,
WHEREAS, the Monroe County Planning Commission passed Resolution No. P39-14
recommending transmittal of the proposed amendment; and
WHEREAS, at a regular meeting held on the 10"' day of December, 2014, the Monroe
County Board of County Commissioners held a public hearing to consider the transmittal of the
proposed amendment, considered the staff report and provided for public comment and public
participation in accordance with the requirements of state law and the procedures adopted for
public participation in the planning process; and
WHEREAS, at the December 10, 2014, public hearing, the BOCC voted to transmit the
amendment 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 2015, which
did not identify any issues with the proposed amendment; and
WHEREAS, the ORC report states
as a response to the ORC Report, Monroe County
and
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 as follows:
The property described as four parcels of land on Rockland Key, having Real
Estate Numbers 00122080-000000, 00122081-000200, 00122010-000000, and
00121990-000000 from Industrial (1) to Commercial (COMM), and a parcel of
land on Big Coppitt Key, having real estate number 00120940-000000 from
Mixed Use/Commercial Fishing (MCF) and Industrial (1) to Mixed
2
Exhibit A
1
2
3
4
5
6
7
8
9
10
I i
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
32
3-1)
34
3 5
36
37
38
39
40
41
42
43
44
45
46
Use/Commercial (MC), as shown on Exhibit 1; which is attached hereto and
incorporated herein.
Section 2. Severahj!jj3L. If any section, subsection, sentence, clause, item, change, or
provision of this ordinance is held invalid, the remainder of this ordinance shall
not be affected by such validity,
Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
conflict with this ordinance are hereby repealed to the extent of said conflict.
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 regular meeting held on the day of _, 2015.
(SEAL)
ATTEST: AMY HEAVILIN, CLERK
DEPUTY CLERK
Mayor Danny L. Kolhage
Mayor Pro Tem Heather Carruthers
Commissioner George Neugent
Commissioner David Rice
Commissioner Sylvia Murphy
I M, I R 1�6= �
Lei 0 a Lei a I .' to] a 4 Lei 11 k, 1 vgenu��
FI.Yd
Mayor Danny L. Kolhage
Exhibit 1 to Ordinance# -2014
00120940-000100
-4 i
�[ , -7
_7
00122080-000000
:j
00122081-000200
00122010-00000--i
1-2
The Monroe County Future Land Use Map is amended
as indicated above.
Proposal: Future Land Use change of five parcels of land on Big Coppift Key having Real Estate Numbers:
00120940-000100, 00122080-000000, 00122081-000200, 00122010-000000 and 00121990-000000 from Industrial (1)
toCommercial (COMM) and Mixed Use/Commercial (MC).
2
3
4
5
6 MEMORANDUM
7 MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCEs DEPARTMENT
8 We strive to be caring, professional an dfair
To: Monroe County Board of County Commissioners
Through: Christine Hurley, AICP, Director of Growth Management
Townsley Schwab, Senior Director of Planning & Environmental Resources
From: Edward Koconis, AICP, Growth Management Permit Manager
Date: October 31, 2014
Subject: Request by Rockland Operations, LLC and Rockland Commercial Center, Inc. to
amend the Comprehensive Plan Future Land Use Map from Industrial (1) and
Mixed Use/Commercial Fishing (MCF) to Commercial (COMM) and Mixed Use/
Commercial (MC) for a total of five parcels on Rockland and Big Coppitt Keys
Meeting: December 10, 2014
ml��
28 Rockland Operations, LLC ("Rockland Operations") and Rockland Commercial Center, Inc.
29 ("Rockland Commercial Center") have requested to amend the Comprehensive Plan Future Land
30 Use Map (FLUM) for four parcels of land on Rockland Key having real estate numbers 00122080-
31 000000, 00122081-000200, 00122010-000000, and 00121990-000000 from Industrial (1) to
32 Commercial (COMM); and for one parcel of land on Big Coppitt having real estate number
33 00120940-000100 ftom Mixed Use/Corninercial Fishing (MCF) and Industrial (1) to Mixed
34 Use/Con-u-nercial (MC).
35
36
37 11. BACKGROUND INFORMATION
38
39 A. Relevant Actions:
40
41 The Application was originally submitted on May 18, 2012 on behalf of Rockland Operations,
42 LLC, Frank P. Toppino Limited Partnership, Frank P. Toppino Land Trust No. 1, Rockland
43 Recycling Center, Inc., Edward Toppino Family Limited Partnership, Edward Toppino Sr. Land
44 Trust, Frank P. Toppino Family Limited Partnership, and Toppino Land Trust, LLC
45 (collectively, "Toppino Family Companies"). The original request was to amend the Future
46 Land Use Map for 25 parcels on Rockland and Big Coppitt Keys from Industrial and Mixed
47 Use/Commercial Fishing to Mixed Use/Cornmercial. The request was reviewed by the
I
1 Development Review Committee (DRQ on November 27, 2012 with a recommendation of
2 denial, due to the proposed significant allowed increase in residential (364 dwelling units) and
3 transient (+1,202 rooms/spaces) density, and its related issues including limited ROGO
4 allocations, potential increases to hurricane evacuation time, and the location of said density
5 being within the 65+DNL (day -night average sound level) which based upon Navy
6 documentation includes recommendations to prohibit residential development, Staff at that time
7 recommended the applicant consider the Commercial (COMM) FLUM category as that category
8 allows similar uses and intensity but does not include a residential component.
9
10 The applicant has amended and reduced the request to the Rockland Operations and Rockland
11 Commercial Center requesting to amend the FLUM for five parcels on Rockland and Big Coppitt
12 Keys from Industrial (1) and Mixed Use/Commercial Fishing (MCF) to Mixed Use/Commercial
13 and Commercial (COMM).
14
is During Applicant's revisions to the request the Toppino Family Companies transferred multiple
16 parcels subject to the request from various entities to Rockland Operations for estate planning
17 purposes. The subject parcels are highlighted in Figure I below:
18
Mal
W11
Figure 1.
2
11
2 Previously, the total proposed amount of upland acreage proposed to be amended to Mixed
3 Use/Commercial (MC) was approximately 84 acres of upland. This amended request eliminates
4 approximately 70 upland acres, resulting in the current request of approximately 15 acres to MC.
5 The Application also requests to amend the FLUM of approximately 29 acres of upland currently
6 designated Industrial (I) and proposes to amend those parcels to Commercial (COMM). Property
7 information regarding the subject properties is shown in Table I below.
8
9
10 Table 1.
Real
Property
Land Area
Property
Estate
Location
Current
Proposed
Current
Tier
(upland
Owner(s)
Number
(Key)
FLUM
FLUM
Zoning
acres per
survey)
Rockland
Operations
00120940
Big Coppitt
MC
Tier 111
14.83
LLC
-000100
& MCF
& CFA
Rockland
Commercial
00122010
Rockland
I
COMM
I
Tier 111
3.18
Center Inc.
-000000
Rockland
Commercial
00121990
Rockland
I
COMM
1
Tier III
3.05
Center Inc.
-000000
Rockland
00122080
1
COMM
I
Tier III
Operations'
-000000
Rockland
&
18-87
LLC
Tierl
Rockland
00122081 1 COMM I
Operations, Rockland Tier 111
4.49
-000200
LLC
Total Acreage
44.42
11
12
13 B. Legal Description
14
15 Surveys of the parcels subject to the application have been provided to and verified by staff. All
16 calculations included in this report are based on those values as provided in Table I above.
17
ffl]
19
3
11
2 C. Current Comprehensive Plan FLUM Policies
97
4 Policy 101.4.5
5 The principal purpose of the Mixed Use/Commercial land use category is to provide for the
6 establishment of commercial land use (zoning) districts where various types of commercial retail
7 and office may be permitted at intensities which are consistent with the community character and
8 the natural environment. Employee housing and commercial apartments are also permitted. In
9 addition, Mixed Use/Commercial land use districts are to establish and conserve areas of mixed
1-0 uses, which may include maritime industry, light industrial uses, commercial fishing, transient
11 and permanent residential, institutional, public, and commercial retail uses.
12
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.
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, pinclands, 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...
Policy 101.4.6
The principal purpose of the Mixed Use/ Commercial Fishing land use category is to provide for
the maintenance and enhancement of commercial tishing and related traditional uses such as
retail, storage, and repair and maintenance which support the commercial fishing industry.
Residential uses are also permitted. 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.
Policy 101.4.7
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 101.4.21
The principal purpose of the Commercial (COMM) future land use category is to provide for the
establishment of commercial zoning districts where various types of commercial retail; highway -
oriented sales and services; commercial recreation; light industrial; public, institutional and
El
office uses may be permitted at intensities which are consistent with the community character
and the natural environment. The commercial zoning districts established within this category
are intended to serve the immediate vicinity or serve the Upper or Lower subarea. This category
is not intended to accommodate transient or permanent residential development.
In order to protect environmentally sensitive lands, the following development controls shall
apply to all Tier I lands within this land use category:
1. only low intensity commercial uses shall be allowed; and
2. a maximum floor area ratio of 0. 15 shall apply.
A Evaluation of existing uses versus proposed uses corresponding with the regRested FLUM
amendment
The allowed uses based upon FLUM designations are shown in Table 2 below.
Table 2.
Allowed Uses Based Upon FLUM Desillow,,nations
Mixed Use/Commercial Industrial FLUM Mixed Use/Commercial FLUM
Fishing FLUM
Commercial FLUM
Industrial (Light)
Industrial (Light & Heavy)
Industrial (Light)
Industrial (Light)
Maritime Industry
Stor�ge & Repair
Marina
Marina
Marina
Commercial Fishing-
Commercial Fishing
Commercial Fishing
-Marina
Related Uses
Commercial Retail
Restaurants
Commercial Retail
Commercial Retail
—(includes Restaurants)
(includes Restaurants)
(includes Restaurants)
Highway Oriented Sales
and Services
Commercial Recreation
Commercial Recreation
Residential
Transient and Permanent
Residential
Institutional Residential
Commercial Apartments
Employee Housing and
t,
Commercial apartments
Public
Public
Public
Institutional
Institutional
Institutional
Office
Office
Office
E. Densit & Intensity standards of existing FLUM designation and the reguested FLUM
-Ty
amendment
The existing and proposed FLUM categories and potential density and intensity are listed in
Table 3 on the following page.
5
1
2
3
W11
15
Fable 3.
Future Land Use Category
Allocated Density
Maximum Net Density
Maximum Intensity
(per acre)
(per buildable acre)
(floor area ratio)
.E
Industrial (1)
1 du
0 rooms/spaces
2 du
N/A
0,25-0.60
Mixed Use/Commercial
Approx. 33-8 du
12 du
Fishing (MCF)
0 rooms/spaces
0 rooms/spaces
0.25-0.40
Mixed Use/Commercial
1-6 du
6-18 du
0.10-0.45
(MC)
5-15 rooms/spaces
10-25 rooms/spaces
Commercial (COMM)
0 du
0 rooms/spaces
N/A
N/A
0.15-OJO
I
F. Other Analysis — MilitaKy Compatibility:
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 original (Toppino Family Companies) FLUM 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.
16 The Navy issued the Record of Decision on October 31, 2013, for the Final Environmental
17 Impact Statement (EIS) for Naval Air Station Key West Airfield Operations. In the Final EIS,
18 the Navy approved "Alternative 2" as the preferred alternative, and the associated noise
19 contours. The noise contours are shown Figure 2 on the following page.
The results of the EIS analysis produced a map of contours of the noise environment from NAS
Key West airfield operations which identifies the subject properties within the 65-69 DNL (blue
solid contour), 70-74 DNL (green solid contour) and 75-79 DNL (yellow solid contour). A
magnified excerpt of the noise contours are shown in Figure 3 on the following page,
The FLUM request would eliminate all but approximately 1.1 acres of potential residential uses
on property located in the 70-74 DNL, directing potential future residential uses onto property
located within the 65-69 DNL,
Note, the BOCC discussed and reviewed Policy 108.2.5 (policy which requires applicants
requesting FLUM amendments within the MIA1 to provide a supplemental noise study) and
directed staff'to eliminate the text which requires the supplemental noise study. The BOCC is
scheduled to consider transmittal qf the Comprehensive Plan Update amendments, including the
amendment to Policy 108.2.5� atpublic hearing on October 7, 2014.
6
Figure 2.
Figure 3.
Residential Uses
3 As can be readily ascertained from the Navy Air Installation Compatibility Use Zones
4 ("AICUZ") Land- Use Compatibility Recommendations (Tables 4a-d on pages 9-12) residential
5 uses are strongly discouraged in the 70-74 DNL. Currently, approximately 3.7 acres subject to
6 this amendment already permit residential uses within this zone.
7
8 This amendment would remove all but approximately 1.1 acres of potential residential uses from
9 the properties located within the 70-74 DNL (and remove any potential of residential uses from
10 the 75-79 DNL) and simultaneously permit the parcels located within a 65-69 DNL noise zone to
11 increase their residential density. Therefore the potential residential density would be relocated
12 from higher to lower DNL zones.
13
14 Additionally, according to the Navy's AICUZ Land -Use Compatibility Recommendations,
15 residential uses are only discouraged in the 65-69 DNL (and strongly discouraged in the 70-74
16 DNL) and are recommended to be located in other areas unless a study is undertaken identifying
17 the need for housing.
18
19 Monroe County has already undertaken numerous studies, including its most recent EAR which
20 identifies the need for affordable housing in the lower Florida Keys. The proposed FLUM
21 amendment could assist in addressing this need. Moreover, the parcel proposed for an increase
22 in density is nearly entirely within the 65-69 DNL and adjacent to an existing, developed
23 residential subdivision within the Residential High future land use designation. The amendment
24 to a Mixed Use/Commercial designation would allow a variety of residential and commercial
25 uses compatible with the neighboring residential neighborhood.
26
27 There is a potential increase of -up to 27 residential dwelling units or 221 transient units (or
28 combination of these two types of units.) Both household units and transient lodgings are
29 strongly discouraged in the 70-74 DNL and discouraged in the 65-69 DNL; and household units
30 are listed by the Navy as not compatible and should be prohibited in the 75-79 DNL. The
31 proposed amendment would serve to move these potential units completely out of the 75-79
32 DNL and leave only approximately 1.1 acres available for residential development in the 70-74
33 DNL. The vast majority of potential residential development would be relocated in the 65-69
34 DNL, which is the lowest noise level on the subject properties.
35
36
37 Non -Residential Uses
38
39 The Application proposes to reduce the total potential non-residential square footage by up to
40 204,013 square feet. Additionally, the properties subject to the requested FLUM amendment to
41 Commercial (COMM) are located within the 70-74 DNL and 75-79 DNL. Commercial uses
42 such as commercial retail, industrial and offices are all permissible within this noise level
43 according to the Navy's AICUZ Land -Use Compatibility Recommendations, albeit with
44 recommendations of measures to achieve an outdoor to indoor noise level reduction of 25-30
45 decibels for certain portions of these buildings.
46
47
48
Table 4a.
NAS Key West Airfield Operations Final Environmental Impact Statement
Air Installations Compatible Use Zones
Table G-1
Appendix G AICUZ Land Use Compatibility Tables and Monroe County MIA] G-1
July 2013
Table 4b.
NAS Key West Airfield Operations Final Environmental Impact Statement
Air Installations Compatible Use Zones
Table G-1
G-2 Appendix G AJCUZ Land use Compatibility Tables and Monroe Count MIAI
July 2013
Ire,
Table 4c.
NAS Key West Airfield operations Final Environmental Impact Statement
Air Installations Compatible Use Zones
Table G-1
Land -Use Compatibilitv Recommendations
Hospitals, other medical fa
Nursina homes
Contract construction ser-
vices
Governmental services
K9
assent
7211 1 Auditoriums, concert halls � Y y 1 25 1 30 N I N I N I
72.11 Outdoor music shells, am- y N N N
I phitheaters
_721 1 Outdoor sports arenals, �_yy Y Y' I Y' N N
W
cluding golf courses, 6
st3bleS,,Water,,EtR.j_
Reso rts and oro u D ca in
911
I KeSioUrcilit production and extraction
81 Agrlculture�(except �Ijve- yu YVU Y19,11 I 'eu, T
9 oc_ __ I
Gve' ockfarming
77- Y y
02 A2rilculltural related activities y y Y- Y. Y
W—T-1vol j Now. 11
83 F'orestry activities y y
84 Fishing activities y y y y y y y
85_ MWN_activities y y y y y y y
as Other resource production y y y y y y
or extraction
Key to jable G-1
SLUCM Standard Land Use Coding Manuel, U,S. Department ol Transportation
Y (Yes) Land use and related structures compatible without restrictions-
N (No� Land use and related s1ructures are not compatible and should be
prohibited,
Y' (Yes with restrictions) The land use and retated structures are generally compatible. However, see notes indicated by
superscript
N' (No with restrictions) The land use and related structures are generally mcompatible. However, see notes indicated by
superscript
NLR (Nose Level Noise Level Reduclion �ouldcor to indoor) to be achieved through
Reduction) incorporation of noise attenuation into the design and construction of the structure,
Appendix G AlC1JZ Land Lisa CompatibilitV Tables and Monroe County MIAJ 6-3
July 2013
2
3
Table 4d.
NAS Kay West Airfield Operations Final Environmental Impact Statement
Air Installations Compatible Use Zones
Table G-1
Land -Use Compatibility Recommendations
25, 30� or 35 Land use and related structures generally compatible: measures to achieve NLR of 25, 30, or
rmist be incorporated into design and
construction ofstructure.
DNL Day -night average sound level.
CNEL Community Noise Equivalent Level (normally wthin a very small decibel difference of DNL
Ldn Mathematical symbol for ONL),
Notes for Table GA
1, General
a. Although local conditions regarding the need for housing may require residential use in these zones, residential use
is discouraged in DNL 65 to 69 and strongly discouraged in ONL 70 to 74. The absence of viable alternative devel-
opment options should be determined arid an evaluation should, be conducted locally prior to local approvals indicat-
ing that a demonstrated community need for the residential use would not, be met if development were prohibited in
these zones
b. Where the comn-writy determines that these uses must be allowed measures to achieve and outdoor to in-
door NLR of at least 25 Decibels (dB)in DNL 65 to 69 and NLR of 30 dB in DNL 70 to 74 should, be incorpo-
rated into building codes and be in individual approvals: for transient housing a NLIR of at least 35 dB should
be incorporated in DNL 75 to 79�
C� Normal permanent construction can be expected to provide a NLR of 20 dB, thus the reduction requirements are
often stated as 5, 10 or 15 clB over standard construction and normally assume mechanicall ventilation. upgraded
sound transmission class ratings in windows and doors and closed windows year round. Additional consideration
sh,culd be given tomodifying NLR levels based on peak noise levels 0(vibrations.
d, NLR criteria will not eliminate outdoor noise problems However. building location and site planning, design and
use of berms and barriers can help mitigate outdoor noise exposure NLR parficulady 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.
2, Measures to achieve NLR 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 thenormall noise ievel is tow,
3, Measures to achieve NLR of 30 moist be incorporated into the design and construction of portions of these buildings
where the pubija is r=eived, office areas, noise sensitive areas or where the normal noise revel is low,
4. Measures to achieve NLR of 35 must be fricorporated into the design and construction of portions of these build-
ings where the public is received, office areas, noise sensitive areas or where the normal noise level is low,
5, If Project of Proposed development is noose Sensitive, use indicated NLR� I not, land use is compatible with-
out NLR,
6, No buildings,
* Land use compatible provided special sound reinforcement systems are installed.
* Residential buildings require a NLR of 25
9� Residential buildings require a NLR of 30
10. Residential buildings not permitted.
11. Land use not recommended, but if community decides use is necessary. hearing protection devices should
be wom,
G4 Appendix G AICUZ Land Use Compatibility Tables and Monroe Count MlAl
July 2013
HN
G. Al2plicant's Amendment Basis and Data & Analysis for the Reguested FLUM Amendment:
2
3 The Amendment contemplates the previously discussed changing trends in the economy
4 and regulatory environment. Furthermore, based on input ftom staff, and also review of
5 the current adjoining uses surrounding the parcels, it has been determined that the
6 proposed amendments allows the parcels to be utilized to their highest and best use with
7 de minimis impacts on neighboring properties and the surrounding environment.
9 Specifically, Rockland Key adjoins the Navy's Boca Chica military air installation base
10 which is subject to high noise events. Part of Rockland Key is located within the Navyjet
11 potential crash zone. Therefore, currently, Rockland Key is not suitable for residential
12 development The Industrial FLU permits residential development. The newly enacted
13 Commercial FLU does not permit residential development, but permits non-residential,
14 commercial uses compatible with military air installations.
15
16 In contrast, Rockland Gperations'property located on Big Coppitt Key is adjacent to a
17 residential area that has a Future Land Use Map Designation Residential High (RH).
18 Rockland Operations' Big Coppitt property is also located next to an old burrow pit that
19 is compatible with residential uses. Currently, all studies identify a complete and total
20 dqficiency of scarfied, undeveloped land suitable forfilture residential development in
21 the lower keys close to the largest employment center of the lower keys, Key West
22 Spec;fically, land suitable for an qf
,fordable housing project. Rockland Operations
23 desires to develop such a project.
24
25 According to Florida Housing data compiled by the University of Florida the 2012
26 average home value price in unincorporated Monroe County was $551,485 [$478,985
27 per Florida Housing Data Clearinghouse] compared to a statewide average of $160,174.
28 Monroe County's median gross rent for 2012 was $1,269 [$1,390 per 2012 American
29 Community Survey _1-Year Estimates] compared to a statewide average Qf $981 [$954
30 per 2012 American Community Survey ]-Year Estimates]. In Monroe County, the HUD
31 Fair Market Rent in 2012, representing rent.for a typical modest apartment, was $946,for
32 a studio apartment, $1152 for a one -bedroom, $1,419.for a Iwo -bedroom, $2,065 for a
33 three -bedroom, and $2,211 for afbur-bedroom unit.
34
35 More alarming is the percentage of'households whose mortgages exceed the HUD
36 threshold for being considered cost burdened due to their mortgage payments.
37 According to HUD, "Cost -burdened" households pay more than 30% of income for rent
38 or mortgage costs. This is also the standard used by the Florida Department of
39 Economic Opportunity. In 2009, 12,927 [5,848 unincorporated per Florida Housing
40 Data Clearinghouse] Monroe County households (37%) pay more than 30% of income
41 for housing. By comparison, 29% of households statewide are cost -burdened. 6,177
42 [2,795 per Florida Housing Data Clearinghouse] households in [unincorporated]
43 Monroe Co unty (18 Yo) pay more than 5 0 % of income for housing!
44
45 Of the 12, 226 [4,2 78 per Florida Housing Data Clearinghouse] renters, Cost burdened
46 households exceeding 30% of income is 5,124 [1,794 per Florida Housing Data
47 Clearinghouse], of which, 2,423 [846 per Florida Housing Data Clearinghouse]
48 households spend over 50% [50% or more] Qf their income on rent. This equates to 42%
13
un,rhouseholds being cost burdened by rent and qf this 42Yo, 20% qf all households pay in
excess of 50% of their income towards rent.
3
4 From 2000-2010, the housing inventory has only increased 3% whereas in the prior
5 decade, 1990-2000, the housing inventory increased almost 15%. The drastic decline in
6 new housing has led to higher home sales and rent prices leading to an ever increasing
7 demandfor affordable housing. During the 1990s, Monroe County averaged 509
8 building permits per year for residential homes, including averaging 96 building permits
9 for multi-
fiamily housing. From 2000-2010, multi -family buildingpermits issuedper year
10 decreased to an average oJ7.8 per year.
11
12 In unincorporated Monroe County fbr the year 2010, 60.9% qf the total households are
13 estimated to have incomes in the moderate range or below. As reported by the Monroe
14 County Af
,fordable Housing Report, dated November 2007, the County is the most cost
15 burdened small -county in the State. Monroe County has the highest f
q,fordability gap Qf
16 all counties in the State. An average of 5�,545 households would need and quali)�Jbr
17 af
,fordable housing assistance. By the year 2030, the percentage will increase to 62.4%.
18 Monroe County's adopted Comprehensive Plan Evaluation and Appraisal Report
19 ("EAR') recommends encouraging options for affordable housing. The EAR further
20 recommends that the County should consider the vast majority of the available dwelling
21 units,for development as multi -family so as to provide f
q,fordable housing. The proposed
22 FLUM amendment accomplishes this goal by rezoning 14 acres mixed use which can
23 accommodate a multi-Jamily af
.fordable housing development prqject ofsign�ficant size,
24
25
26 111. PROPOSED AMENDMENTS
27
28 Request to amend the FLUM designation from Industrial (1) to Commercial (C) for four parcels
29 (00122080-000000, 00122081-000200, 00122010-000000, and 00121990-000000) located on
30 Rockland Key and from Industrial (1) and Mixed Use/Commercial Fishing (MCF) to Mixed
31 Use/Commercial (MC) for one property (00120940-000100) located on Big Coppitt Key, identified
32 in red on the following page with the Existing Conditions in Figure 4 and the Proposed Conditions
33 in Figure 5.
34
35
36
14
Figure 4.
Figure 5.
119
1 IV. ANALYSIS OF PROPOSED DENSITIES & INTENSITIES; COMPATABILITY;
2 CONCURRENCY ANALYSIS; ETC.
3
4 Compatibilily:
5
6 The approximate location of the proposed FLUM amendment is outlined in Figure 6 below in the
7 magenta circle:
8
34 Figure 6.
35
36 The properties neighboring the parcels that are the subject of the requested FLUM amendment are
37 currently designated as Industrial, Residential High, Residential Medium and Mixed
38 Use/Commercial Fishing. The surrounding area includes a mix of uses, including but not limited to:
39 commercial, office, heavy and light industrial, storage, warehouse, residential housing, public utility
40 facilities and commercial fishing uses.
41
42
43
44
45
46
47
48
L"
1 Additionally, all but approximately half an acre (upland) of one of the five subject parcels is
2 designated as Tier III as shown below in Figure 7,
3
W
Figure 7.
The subject parcels are classified as "undeveloped land" and "water" (borrow pits). Additionally,
the subject parcels are designated as habitat for one (1) protected species (brown pelican — listed as a
State Species of Special Concern); however, the County does not have any adopted development
controls relative to the brown pelican.
The development potential based upon the requested FLUM designations are illustrated in Table 5
on the following page.
17
Table 5.
2
3 Development Potential based upon requested Future Land Use Map Designation:
4
Existing FLUM
Type
Adopted Standards
Development Potential
Mixed Use
Residential Allocated Density/Acre
Approx. 3 — 8 du
Approx. 7 du - 20 du
/Commercial
Fishing(MCF)
Transient Allocated Density/Acre
0 rooms/spaces
0 rooms/spaces
2.50 acres
Nonresidential Maximum Intensity
0.25-0.40 FAR
2 7,225 sf — 4 3,5 60 sf
Proposed FLUM
Type
Adopted Standards
Development Potential
Mixed Use
Residential Allocated Density/Acre
I —6du
2 du— l5du
/Commercial (MC)
Transient Allocated Density/Acre
5 - 15 rooms/spaces
12 - 3 )7 rooms/spaces
2.50 acres
Existing FLUM
Nonresidential Maximum Intensity
. . ..... ...
0.10-0,45 FAR
Adoi)ted Standards
10,890 sf — 49,005 sf
Development Potential
Industrial (1)
Residential Allocated Density/Acre
I du
12 du
Transient Allocated Density/Acre
0 rooms/spaces
0 rooms/spaces
12.33 acres
Nonresidential Maximum Intensity
0.25-0.60 FAR
134,273 sf - 322,256 sf
Proposed FLUM
Type
Adopted Standards
Development Potential
Mixed Use
Residential Allocated Density/Acre
1 —6 du
12 - 73 du
/Commercial (MC)
Transient Allocated Density/Acre
5 - 15 rooms/spaces
61 - 184 roorns/spaces
12.33 acres
Existing FLUM
Nonreside - ntia I M axi m um Intensity
Type
0. 10-0.45 FAR
Adopted Standards
53,709sf - 241,692 sf
Development Potential
Residential Allocated Density/Acre
I du
29 du
Industrial (1)
Transient Allocated Density/Acre
0 rooms/spaces
0 rooms/spaces
29.59 acres
Nonresidential Maximum Intensity
0,25-0.60 FAR
322,235 sf - 773,364 sf
Proposed FLUM
Type
Adopte Standards
Development Potential
Commercial
Residential Allocated Density/Acre
0 du
0 du
(COMM)
Transient Allocated Density/Acre
0 rooms/spaces
0 rooms/spaces
29.59 acres Nonresidential Maximum Intensity 0. 15-0.50 FAR 193,341 sf - 644,470 sf
Net Change in Residential: +27 du
Development Transient: +221 roorns/spaces
Potential Nonresidential: (-204,013) sf
Net Change in
Development
Potential based
on FLUM
MCF to MC
Residential: (-5) du
Transient: +37 rooms/spaces
Nonresidential: +5,445 sf
I to MC I to COMM
Residential: +61 du Residential: (-29) du
Transient: +184 rooms/spaces Transient: +0 rooms/spaces
Nonresidential: (-80,564) sf Nonresidential: (-128,894) sf
5
6 Note: The above table provides an approximation of the development potentialfor residential, transient and commercial development.
7 Please note, Section 130-156 of the Land Development Code states: "The density and intensity provisions set out in this section are
8 intended to be applied cumulatively so that no development shall exceed the total density limits of this article, For example, if a
9 development includes both residential and commercial development, the total gross amount of development shall not exceed the
10 cumulated permitted intensity of the parcel proposedfor development.
11
12
18
1 Maintaining Hurricane Evacuation & Discouraging- Increases in Densi!Y/Intensity:
2
3 Monroe County Rule 28-20.140, F.A.C. (ratified by the Legislature in 2011), includes Work
4 Program tasks requiring hurricane evacuation clearance time analyses and a Memorandum of
5 Understanding (MOU), with the Division of Emergency Management, Monroe County, City of
6 Marathon, Village of Islamorada, City of Key West, City of Key Colony Beach, and City of Layton
7 regarding hurricane evacuation.
8
9 The County and the other jurisdictions in the Keys regulate new residential growth through permit
10 allocation systems. The basis for the permit allocation rate and distribution is based upon our ability
11 to maintain 24-hour evacuation clearance time. Based upon recent analysis and meetings to complete
12 the hurricane evacuation clearance time model runs and maximum build -out from the Work
13 Program, the County received 1,970 allocations over the next 10 years.
On September 21, 2012, the Monroe County BOCC adopted Ordinance 028-2012, creating Policy
101.4.20 discouraging private applications for future land use changes which increase allowable
density/intensity and creates a mechanism to allow increases in density and intensity with the
donation of IS lots (1:1 basis) or acreage (2:1 basis) to the County that contains non -scarified native
upland habitat or wetland habitat. This amendment was found in -compliance by the State Land
Planning Agency and became effective upon the issuance of DEO's Notice of Intent on November
20, 2012. The adopted policy states that its provisions are applicable only to private applications
"received after the effective date of this ordinance ... " The initial Rockland FLUM application was
received on May 18, 2012, prior to the effective date of the ordinance; therefore this Policy does not
apply to this request.
The proposed amendment would increase the residential development potential by 27 dwelling units,
or the transient residential development potential by 221 rooms/spaces, or a lower number of each
throuah a mixed development, The proposed amendment would reduce the nonresidential
development potential by 204,013 square feet.
The County and the other jurisdictions in the Keys regulate new residential growth through a permit
allocation system. The basis -for the permit allocation rate and distribution is based upon ability to
maintain a 24-hour evacuation clearance time basis. Monroe County has created a staged evacuation
process wherein mobile home residents, transient units and military personnel are required to
evacuate prior to all other residential properties. Recently, Monroe County was allocated 1,970
residential allocations, which places the residential evacuation time at approximately the 24-hour
evacuation time limitation.
The proposed FLUM amendment would provide a potential increase of 27 residential dwelling units
or 221 transient units (or a combination of these units). Neither 27 new residential dwelling units
nor the transfer of 221 existing transient units from elsewhere in the Lower Keys would be expected
to cause the staged evacuation times to exceed the 24-hour limit.
z
Concurrency 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). This consists of 23.8 MGD from
the Biscayne Aquifer through the primary conventional water treatment process and 6 MGD from
the brackish Floridan Aquifer through the secondary Reverse Osmosis (RO) treatment plant. 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 2012 projection for annual
average daily demand is 17.62 MGD which is well below FKAA's Water Use Permit amount of
23.98 MGD. Table 6 below illustrates the potable water level of service, the existing and projected
demands, and the net changes based upon the request.
Table 6.
Comprehensive Plan Max Potential
Total
FLUM
Potable Water Policy Residential
Persons/ Total
LOS Net
701.1.1 Development
household persons
Demand Change
(dwelling units)
INDUSTRIAL&
Residential LOS 66.50
MIXED USE/
COMMERCIAL
FISHING
gal/cap/day Approx. 61 du
149 gal/du/day)
2.24 136
9,044
+4,056
MIXED USE
gal/day
Residential LOS 66.50
COMMERCIAL
gal/cap/day Approx. 88 du
2.24 197
13,100
COMMERCIAL
149 gal/du/day)
Comprehensive Plan Max Potential Intensity
FLUM
Potable Water Policy Floor Area Ratio (FAR) Total LOS Demand
Net
701.1.1 Square Feet
Change
INDUSTRIAL&
MIXED USE/
Nonresidential Los Approx. 1, 13 9,180 sf 398,713
COMMERCIAL
0.3 ) 5 gal/sq.ft./day
FISHING
-71,405
MIXED USE
gal/day
COMMERCIAL
Nonresidential LOS
Approx, 935,167 sf 327,308
&
0.3 ) 5 gal/sq. ft./day
COMMERCIAL
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 two
years of guaranteed capacity. Table 7 on the following page illustrates the solid waste level of
service, the existing and projected demands, and the net changes based upon the request.
20
Table 7.
Comprehensive
Max Potential
FLUM
Plan Solid Waste
Residential
Persons/
Total
Total Los Net Change
Policy 801.1.1
Development
household
persons
Demand
(dwelling units)
INDUSTRIAL &
MIXED USE/
Residential LOS
Approx. 61 du
124
136
739
COMMERCIAL
5.44lbs/capita/day
FISHING
+332 lbs/day
MIXED USE
COMMERCIAL
Residential LOS
Approx. 88 du
2.24
197
1,071
&
5.44lbs/capita/day
COMMERCIAL
I
2
3
4 SANITARY SEWER — The property will be served by the Big Coppitt Wastewater Treatment Plant.
5 The Big Coppitt Wastewater Treatment Plant has a design capacity of 0.323 MGD. The current
6 average daily flow is 0. 13 0 MGD.
8 TRAFFIC CIRCULATION — According to the 2013 US. 1 Arterial Travel Time and Delay Study, at
9 the present time, US I is operating overall at a Level of Service (LOS) C. In the Lower Keys Area,
10 the segments from the area of the request to Key West are operating at a LOS B or better and the
11 segments from the area of the request to Big Pine Key are operating at a LOS C or better. The
12 request is located in the area of Segments 2 and 3, which are operating at levels of service A and B
13 respectively.
Segment 2 Boca Chica (4-L/D) Key Haven Blvd. to Rockland Dr. (4,521 Reserve Trips) LOS A
Segment 3 Big Coppitt (2-L/U) Rockland Dr. to Boca Chica Rd. (1, 118 Reserve Trips) LOS B
18 The applicant submitted a trip generation analysis. URS (County consultant) reviewed the analysis
19 and confirmed that the proposed future land use map amendment would result in a trip generation
20 reduction of 7,933 trips per day. This may be summarized by identical trip generating uses being
21 permitted in both the existing and proposed FLUM categories. The reduction concludes an increase
22 of 1,613) daily trips from a 2.50 acre FLUM change from Mixed Use / Commercial Fishing (MCF)
23 with a maximum FAR of 0.40 to Mixed Use / Commercial (MC) with a maximum FAR of 0.60; no
24 change in daily trips resulting from a 12.33 acre FLUM change from Industrial (1) to Mixed Use /
25 Commercial (MC) as both categories have the identical 0.60 maximum FAR; and a decrease of
26 9,546 daily trips from a 29.59 acre FLUM change from Industrial (1) with a maximum FAR of 0.60
27 to Commercial (COMM) with a maximum FAR of 0.50, Cumulatively these would result in a
28 maximum potential decrease of 7,933 vehicle trips per day. The trip generation analysis is attached.
29
30 This is consistent with the density and intensity of both the requested future land use map analysis
31 and Table 3 (on page 6) as well as the development potential based upon the same shown on Table 5
32 (on page 18) which indicates the proposed amendment resulting in a potential decrease in the
33 maximum amount of nonresidential floor area of 204,013 square feet.
34
35
21
V. CONSISTENCY WITH THE MONROE COUNTY YEAR 2010 COMPREHENS11
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 101.2: Monroe County shall reduce hurricane evacuation clearance times to 24
hours by the year 2010.
Policy 101.2.13: Mon -roe County shall establish an interim Permit Allocation System for new
residential development. The interim Permit Allocation System shall supersede Policy
101.2.1 and remain in place until such time as Monroe County determines its future growth
capacity based on hurricane evacuation, public safety and environmental needs including
water quality and habitat protection, and amends its plan consistent with such determination,
based on the results of the work program as set forth below...
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.
B. The amendment is consistent with the Principles for Guiding Development for the Florida
Keys Area, Section 380.0552(7), Florida Statutes.
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.
34 (a) Strengthening local government capabilities for managing land use and development so that
35 local government is able to achieve these objectives without continuing the area of critical
ID
36 state concern designation.
37 (b) Protecting shoreline and marine resources, including mangroves, coral reef fori-nations,
38 seagrass beds, wetlands, fish and wildlife, and their habitat.
39 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native
40 tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and
41 beaches, wildlife, and their habitat.
42 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound
43 economic development.
44 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida
45 Keys.
46 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural
47 environment, and ensuring that development is compatible with the unique historic character
48 of the Florida Keys.
22
(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,
I . 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 storrnwater management facilities; central sewage
collection; treatment and disposal facilities; and the installation and proper operation and
maintenance of onsite sewage treatment and disposal systems.
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)P,roviding adequate alternatives for the protection of public safety and welfare in the event of
a natural or manmade disaster and for a post disaster 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.
C. The proposed amendment is consistent with the Part 11 of Chapter 163, Florida Statutes
(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
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
23
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(l), FS, - 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
govenunent'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
nonconfon-ning 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.
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.
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c. An analysis of the minimum amount of land needed to achieve the goals and requirements
of this section.
4 163.3178(8)(a), F.S. - A proposed comprehensive plan amendment shall be found in
5 compliance with state coastal high -hazard provisions if-
6 1. The adopted level of service for out -of -county hurricane evacuation is maintained for a
7 category 5 ston'n event as measured on the Saffir-Simpson scale; or
8 2. A 12-hour evacuation time to shelter is maintained for a category 5 storm event as
9 measured on the Saffir-Simpson scale and shelter space reasonably expected to accommodate
10 the residents of the development contemplated by a proposed comprehensive plan
11 amendment is available; or
12 3. Appropriate mitigation is provided that will satisfy subparagraph 1. or subparagraph 2.
13 Appropriate mitigation shall include, without limitation, payment of money, contribution of
14 land, and construction of hurricane shelters and transportation facilities. Required mitigation
15 may not exceed the amount required for a developer to accommodate impacts reasonably
16 attributable to development. A local government and a developer shall enter into a binding
17 agreement to memorialize the mitigation plan.
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19 163.3194(l)(b), F.S. — All land development regulations enacted or amended shall be
20 consistent with the adopted comprehensive plan, or element or portion thereof, and any land
21 development regulations existing at the time of adoption which are not consistent with the
22 adopted comprehensive plan, or element or portion thereof, shall be amended so as to be
23 consistent. If a local government allows an existing land development regulation which is
24 inconsistent with the most recently adopted comprehensive plan, or element or portion
25 thereof, to remain in effect, the local government shall adopt a schedule for bringing the land
26 development regulation into conformity with the provisions of the most recently adopted
27 comprehensive plan, or element or portion thereof. During the interim period when the
28 provisions of the most recently adopted comprehensive plan, or element or portion thereof,
29 and the land development regulations are inconsistent, the provisions of the most recently
30 adopted comprehensive plan, or element or portion thereof, shall govern any action taken in
31 regard to an application for a development order.
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35 V1. PROCESS
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37 Comprehensive Plan Amendments may be proposed by the Board of County Commissioners, the
38 Planning Commission, the Director of Planning, or the owner or other person having a contractual
39 interest in property to be affected by a proposed amendment. The Director of Planning shall review
40 and process applications as they are received and pass them onto the Development Review
41 Committee and the Planning Commission.
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43 The Planning Commission shall hold at least one public hearing. The Planning Commission shall
44 review the application, the reports and recommendations of the Department of Planning &
45 Environmental Resources and the Development Review Committee and the testimony given at the
46 public hearing. The Planning Commission shall submit its recommendations and findings to the
47 Board of County Commissioners (BOCC). The BOCC then holds a public hearing to consider the
48 transmittal of the proposed comprehensive plan amendment, and considers the staff report, staff
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1 recommendation, and the testimony given at the public hearing. The BOCC may or may not
2 recommend transmittal to the State Land Planning Agency. The amendment is transmitted to the
3 State Land Planning Agency, which then reviews the proposal and issues an Objections,
4 Reco mrnendat ions and Comments (ORC) Report. Upon receipt of the ORC report, the County has
5 180 days to adopt the amendments, adopt the amendments with changes or not adopt the
6 amendments.
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0 �3 I F.3 W 9 19 014111 UT I LYS I QJ 0 1 1XV 1101 I'Ll I
Staff recommends approval of the proposed FLUM amendment to Mixed Use/Commercial (MC)
and Commercial (COMM).
The proposed amendment would 'increase the potential for residential development by 27 dwelling
units (or 221 transient residential units or a combination of the two), however it would serve to
relocate these potential units to the lowest noise level areas in the area of the subject properties.
Although these 27 potential dwelling units would be competing for limited ROGO allocations, it is
not expected that these few additional dwelling units would contribute to increases in hurricane
evacuation times. The proposed amendment also reduces the nonresidential development potential
by approximately 204,013 square feet in noise level areas where the Navy's AICUZ Land -Use
Compatibility Recommendations would recornrnend measures to achieve noise level reductions of
25-30 decibels. The proposed amendment would also decrease the maximum potential trip
generation by 7,933 vehicle trips per day.
VAHEA01tMMI
1. FLUM Amendment Map
2. Trip Generation Analysis
26
lit
I
is
Rov.
g
2
1 IH
E
M
Exhibit 2
To: Barton W. Smith, Esq.
Smith Oropeza, P.L.
From: Karl Peterson, P.E.
Date: August 11, 2014
Subject: Rockland FLUM — Rockland Key, Florida
Trip Generation Analysis
Pursuant to our teleconference on Monday, July 28, 2014 we have conducted the additional trip generation
analyses for the various per-mitted uses and land use categories. The results of these analyses are
summarized below and on the following pages.
Parcel Information: MCF to MC 2.50 acres
I to MC 12.33 acres
I to COMM 29.59 acres
Total 44.42 acres or 1,934,935 square feet
Trip Generation: ITE Trip Generation Manual (9' Edition)
All daily trip calculations are based upon ai�erage rates as requested by
the Couqy's traffic engineering consultant.
Trip Differential: Based upon the foregoing trip generation analyses, the maximum trip
generation potential associated with the existing land use categories is
84,367 vehicle trips per day, The maximum trip generation associated with
the proposed land use categories is 76,434 vehicle trips per day. The result
of the proposed land use plan amendment is a trip generation reduction of
7,933 vehicle trips per day.
8400 North University D6ve, Suite 309, Tamarac, Florida 333211
Tek (954) 560-7103 Fax: (954.) 582-0989
Industrial (light)
43,560.00
304
Industrial (heavy)
45,56000
65
Marinas (acres)
2.50
52
[ommercia|F|xh|oB(acrex)
lSQ
17
Manufacturing
43,560.00
166
Commercial Retail
43,560.00
1,860
Residential (DU)
2
13
Public
Elementary School
43,560.00
672
Middle/Jr. High School
43,560.00
600
]r./Cmmmmnity[oUege
43,560.00
1,197
Church
43,560.00
397
Day Care Center
43,560.00
3,226
Cemetery (acres)
2.50
12
Library
43,568.00
2,450
Hospital
43^560.00
576
Industrial (light)
65,34000
455
Commercial Fishing (acres)
2.50
17
Manufacturing
65,340.00
250
off ice
65,340.00
721
Commercial Retail
65,340.00
2,790
Residential (DU)
2
13
PuNio(GuvtOff ice)
65,340.00
1'824
Elementary School
65,340.00
1,00
Middle/Jr. High School
65,340.00
900
Jr./CommuoityCoUe8e
65,340.00
1,796
Church
65,340.00
595
Day Care Center
65,340.00
4,889
Cemetery (acres)
2.50
12
Library
65,340.00
3,675
Hospital
65.340.00
864
Parcel Trip Differential: +1,613 daily vehicle trips
2
Industrial (light)
322,256.88
2,246
Industrial (heavy)
322,25688
483
Commercial Fishing (acres)
1233
86
Manufacturing
322,256.88
1,331
Office
322,256.88
3,554
Commercial Retail (max nf
5/}OOsfper parcel)
161,128.44
6,880
Residential (DU)
12
QO
Public
Elementary School
322,256.88
4/972
Middle/Jr. High School
322,256.88
4,441
Jr./[ommunhyCoUeQe
322,256.88
8,859
Church
322,25688
2,936
Day Care Center
322,256.88
23,866
Cemetery (acres)
12.33
58
Library
322,256.88
18,124
Hospital
322,256.88
4,250
industrial (light)
322,255.88
2,246
Commercial Fishing (acres)
12.33
86
Manufacturing
322,256.88
1,231
Office
322,256.88
3,554
Commercial Retail
322,356.88
13,760
Residential (DU)
12
80
Public (GovtOffice)
322,256.88
8,997
Elementary School
322,25688
4,972
Middle/Jr. High School
322,256.88
4,441
Jr./Commmmky[oUege
322,256.88
8,859
Church
322'256-88
2,936
Day Care Center
322,256.88
23,866
Cemetery (acres)
12.33
58
Library
322,256.88
18,124
Hospital
322,256.88
4,260
Parcel Trip Differential: 0 daily vehicle trips
3
Industrial (light)
773,364.24
5,390
Industrial (heavy)
773,364.24
1,160
Commercial Fishing (acres)
29.59
206
Manufacturing
773,364.24
2,954
Off ice
773,364.24
8,530
Commercial Retail (max of
5,000 sf per parcel)
386,682.12
16,511
Residential (DU)
29
193
Public (Govt Office)
773,364.24
21,592
91,
Elementary School
773,364.24
11,933
Middle/Jr. High School
773,364.24
10,657
Jr./Community College
773,364.24
21,260
Church
773,364.24
7,045
Day Care Center
773,364.24
57,275
Cemetery (acres)
29.59
140
Library
773,364.24
43,494
Hospital
773,364�24
10,224
Industrial (light)
644,470.20
4,492
Off ice
644,470.20
7,109
Commercial Retail
644,470.20
27,519
Residential (DU)
0
0
Public (Govt office)
644,470.20
17,994
Institutibnal
Elementary School
644,470.20
9,944
Middle/Jr. High School
644,470.20
8,881
Jr./Community College
644,470.20
17,716
Church
644,470.20
5,871
Day Care Center
644,470,20
47,729
Cemetery (acres)
29.59
140
Library
644,470.20
36,245
Hospital
644,470,20
8,520
Parcel Trip Differential: -9,546 daily vehicle trips
4
Meeting Date: December 10, 2014 Division: Growth Management
Bulk Item: Yes No X Staff Contact Person/Phone 4: Christine Hurley 289-2517
Mgaje Santamaria 289-2562
AGENDA ITEM WORDING: A public hearing to consider a resolution transmitting to the State
Land Planning Agency an ordinance by the Monroe County Board of County Commissioners adopting
the Monroe County Year 2030 Comprehensive Plan. (Legislative Proceeding)
[BOCC requested continuation of hearing to discuss ainendinents and data to the coniprehensive plan update
related to height and offshore islands.]
ITEM BACKGROUND: Keith and Schnars, P.A. is finalizing Phase 3 (updated Comprehensive
Plan) of the four -phased Comprehensive Plan update process. The Comprehensive Plan (Plan) update
process started with the updating and revising of the Technical Document (the Data and Analysis to the
Plan), which was completed in May 2011. The Monroe County 2010 Comprehensive Plan Evaluation
and Appraisal Report (EAR) was completed and adopted by the BOCC on May 22, 2012. The EAR
yielded 127 recommendations to update the Plan relating to issues such as county -wide visioning and
planning, economic sustainability, redevelopment, water dependent/water related uses, natural resource
protection, climate change, affordable housing, public involvement/information and intergovernmental
coordination, Additionally, the EAR identified outdated or no longer applicable objectives and
policies,
Draft amendments to the Comprehensive Plan have been prepared to implement the EAR strategies, to
reflect the updated Technical Document and to comply with requirements established by state and
federal law. Comprehensive Plan amendments also reflect the results of the "Analysis of Coastal
Barrier Resources System Policies and Regulations in Monroe County, Florida," data and analysis,
prepared by Keith and Schnars, P.A., and the "Monroe County Marina Siting Plan," data and analysis,
prepared by the South Florida Regional Planning Council. All proposed amendments to the Monroe
County Year 2010 Comprehensive Plan and associated data and analysis can be reviewed on the
project website at www.keyscomppIan.com.
On February 13, 2013, February 14, 2013, February 15, 2013, and March 26, 20131, the Monroe
County Development Review Committee held four special public meetings to review and discuss the
proposed amendments to the Comprehensive Plan based upon the results of the Technical Document
Update, EAR and public comment.
On September 23, 2013, October 1, 2013, and October 10, 2013, the Planning Commission held three
special public meetings to review and discuss the proposed amendments to the Comprehensive Plan
based upon the results of the Technical Document Update, EAR and public comment.
On November 15, 2013, the Planning Commission held a special public hearing and by Resolution No,
P28-13 recommended approval to the BOCC of proposed amendments to the Comprehensive Plan
based upon the results of the Technical Document Update, EAR, staff and Consultant input and
reports, and comments by the public.
The BOCC held special public meetings on March 21, 2014, April 23, 2014 and May 22, 2014, to
review proposed amendments to the Comprehensive Plan. A special BOCC public hearing was held on
July 23, 2014, to consider the transmittal of the proposed amendments (the Monroe County 2030
Comprehensive Plan) to the Florida Department of Economic Opportunity (DEO) and the hearing was
continued to October 7, 2014.
A special BOCC public hearing was held on October 7, 2014, to consider the transmittal of the
proposed amendments (the Monroe County 2030 Comprehensive Plan) to the Florida Department of
Economic Opportunity (DEO) and the hearing was continued to December 10, 2014, to discuss the
following:
• Policies 101.5.31 and 101.5.32: BOCC directed staff to work on height policies for addressing
the replacement of existing buildings which exceed the 35ft height limit, architectural features,
flood protection purposes and affordable housing. Staff to present drafts during the regular
December BOCC meeting.
• BOCC directed staff to work on an inventory/data of privately -owned offshore islands. Staff to
present draft during the regular December BOCC meeting.
If the BOCC votes to transmit the proposed comprehensive plan amendment to the State Land
Planning Agency, the State Land Planning Agency will then 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:
On January 19, 2011, and on June 20, 2011, Keith and Schnars provided a presentation to the BOCC
on the Technical Document Update (data and analysis) of the Monroe County 2010 Comprehensive
Plan
On November 16, 2011, Keith and Schnars provided a presentation to the BOCC on the first portion of
the draft Evaluation and Appraisal Report.
On March 19, 2012, Keith and Schnars provided a presentation to the BOCC on the second portion of
the draft Evaluation and Appraisal Report.
On May 22, 2012, the BOCC adopted, by Resolution 150-2012, the 2012 EAR for the Monroe County
Comprehensive Plan.
On March 21, 2014, the BOCC held a special public meeting and reviewed, discussed and provided
direction on the Introduction and Background; Mass Transit Element; Traffic Circulation Element;
Capital Improvements Element; and the Conservation and Coastal Management Element,
On April 23, 2014, the BOCC held a special public meeting and reviewed, discussed and provided
direction on the Energy and Climate Element; Cultural Resources Element; and Future Land Use
Element.
On May 22, 2014, the BOCC held a special public meeting and reviewed, discussed and provided direction on
the Sanitary Sewer Element; Drainage Element; Solid Waste Element; Potable Water Element;
Intergovemmental Coordination Element; Ports, Aviation and Related Facilities Element; Housing Element;
Recreation and Open Space Element; Natural Groundwater Aquifer Recharge Element; Public Participation
section; Monitoring and Evaluation section and the Glossary.
On July 23, 2014, the BOCC held a special public hearing (transmittal hearing) and reviewed, discussed and
provided direction on all the proposed elements of the 2030 Comprehensive Plan. The BOCC continued to
hearing to October 7, 2014, to consider the transmittal of the proposed amendments (the Monroe County 2030
Comprehensive Plan) to the State Land Planning Agency,
On October 7, 2014, the BOCC held a special public hearing (transmittal hearing) and reviewed, discussed and
provided direction on all the proposed elements of the 2030 Comprehensive Plan. The BOCC continued to
hearing to December 10, 2014, to consider the transmittal of the proposed amendments (the Monroe County
2030 Comprehensive Plan) to the State Land Planning Agency.
CONTRACT/AGREEMENT CHANGES- N/A
13 WE I 10 0 507k al 040107111 N us]
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 Atty4��p OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDAITEM#
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WHEREAS, the Monroe County Board of County Commissioners conducted a public
hearing for the purpose of considering the transmittal to the Florida Land Planning Agency and
Reviewing Agencies as defined in Section 163.3184(l)(c), Florida Statutes for review and
comment of the proposed amendments to the Monroe County Year 2010 Comprehensive Plan
which is identified as the Monroe County Year 2030 Comprehensive Plan; and
WHEREAS, the Monroe County Planning Commission and the Monroe County Board
of County Commissioners support the requested text amendments;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1: The Board of County Commissioners does hereby adopt the recommendation of
the Planning Commission to transmit the draft ordinance for adoption of the
Monroe County Year 2030 Comprehensive Plan.
Section 2. The Monroe County staff is given authority to prepare and submit the required
transmittal letter and supporting documents for the proposed amendment in
accordance with the requirements of Section 163.3184(4), Florida Statutes.
Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this
resolution to the Director of Planning.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a special meeting held on the day of _, 2014.
(SEAL)
ATTEST: Amy Heavilin, Clerk
Deputy Clerk
Mayor Danny L. Kolhage
Mayor Pro Tem Heather Carruthers
Commissioner George Neugent
Commissioner David Rice
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
M.
Mayor Danny L. Kolhage
*So
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MONROE COUNTY, FLORIDA
111AIGU&I "N VaFkaflijkvw
WE A
5 MAIM IVA P:
0
k,X-W-& 0 F WA saW WIN 11� NUA-M NAM 11 LVAWM
01 a X41 V
WHEREAS, the Monroe County Board of County Commissioners adopted the Monroe
County Comprehensive Plan on April 15, 1993; as amended pursuant to DCA Rule 9J-14.022,
Florida Administrative Code on January 4, 1996, and adopted by Florida Administrative Code
Rule 28-20. 100 Part 1, January 2, 1996 and Pai t 11, July 14, 1997; and
WHEREAS, the Florida Legislature intends that local planning be a continuous process,
and the Florida Statutes encourage local governments to comprehensively evaluate and, as
necessary, update comprehensive plans to reflect changes in local conditions; and
WHEREAS, the Monroe County Board of County Commissioners adopted an
Evaluation and Appraisal Report (EAR), pursuant to Section 163.3191, Florida Statutes, for the
Monroe County Year 2010 Comprehensive Plan on August 18, 2004, and subsequently adopted
Comprehensive Plan amendments in accordance with the 2004 EAR; and
WHEREAS, Monroe County commenced a new EAR process in 2010 with active public
participation provided; and
WHEREAS, the Monroe County Planning Commission, acting as the designated Local
Planning Agency, reviewed the 2012 EAR, held advertised special public meetings on November
Page I of 4
1 2, 2011, and February 6, 2012, and provided for participation by the public in the process, and
2 rendered its recommendations to the Board of County Conn-nissioners; and;
3
4 WHEREAS, the Board of County Commissioners reviewed the EAR, held an advertised
5 public meeting on November 16, 2011, and an advertised special public meeting on March 19,
6 2012, provided for comments and public participation in the process in accordance with the
7 requirements of state law and the procedures adopted for public participation in the planning
8 process; and
9
10 WHEREAS, the Board of County Commissioners held a special public meeting on May
11 22, 2012, and adopted Resolution No. 150-2012 adopting the 2012 Evaluation and Appraisal
12 Report (EAR) for the Monroe County Year 20 10 Comprehensive Plan; and
13
14 WHEREAS, the Monroe County Planning Commission, acting as the Local Planning
15 Agency (LPA), held advertised special public meetings on September 23, 2013, October 1, 2013
16 and October 10, 2013 to review the proposed EAR -related comprehensive plan amendments, and
17 provided for comments and public participation in accordance with the requirements of state law
18 and the procedures adopted for public participation in the planning process; and
19
20 WHEREAS, the Monroe County Planning Commission, acting as the Local Planning
21 Agency (LPA), held an advertised special public hearing on November 15, 2013, provided for
22 comments and public participation in accordance with the requirements of state law and the
23 procedures adopted for public participation in the planning process, and recommended proposed
24 EAR -related comprehensive plan amendments to the BOCC; and
25
26 WHEREAS, the Board of County Commissioners held advertised special public
27 hearings on March 21, 2014, April 23, 2014, and May 22, 2014, to review proposed EAR -related
28 comprehensive plan amendments and provided for comments and public participation in
29 accordance with the requirements of state law and the procedures adopted for public
30 participation in the planning process; and
31
32 WHEREAS, in 2011, Section 163.3191(l), Florida Statutes, was amended; it directed
33 local governments to evaluate their comprehensive plans at least once every seven years to
34 determine if plan amendments are necessary to reflect changes in state requirements since the
35 last update of the comprehensive plan, and to submit an Evaluation and Appraisal (EA)
36 Notification Letter to the State Land Planning Agency; and
37
38 WHEREAS, the State Land Planning Agency revised the Monroe County EA deadline
39 to May 1, 2014, in Rule 73C-49, F.A.C.; and
40
41 WHEREAS, the Board of County Commissioners held a public hearing on April 23,
42 2014, and approved the EA Notification Letter to the State Land Planning Agency which
43 specified the necessary plan amendments required to reflect changes in requirements in State
44 Statutes; and
45
Page 2 of 4
I WHEREAS, the Board of County Conitnissioners held an advertised special public
2 hearing on July 23, 2014, provided for public comment and public participation in accordance
3 with the requirements of state law and the procedures adopted for public participation in the
4 planning process, to transmit EAR -related and EA -related comprehensive plan amendments to
5 the State Land Planning Agency and Reviewing Agencies as defined in Section 163.3184(l)(c),
6 Florida Statutes for review and comment; and
7
8 WHEREAS, the Board of County Commissioners continued the public hearing to
9 consider transmittal to October 7, 2014; and
10
I I WHEREAS, the Board of County Commissioners held an advertised special public
12 hearing on October 7, 2014, provided for public comment and public participation in accordance
13 with the requirements of state law and the procedures adopted for public participation in the
14 planning process, to transmit EAR -related and EA -related comprehensive plan amendments to
15 the State Land Planning Agency and Reviewing Agencies as defined in Section 163.3184(l)(c),
16 Florida Statutes for review and comment; and
17
18 WHEREAS, the Board of County Commissioners continued the public hearing to
19 consider transmittal to December 10, 2014, to further discuss height policies for addressing the
20 replacement of existing buildings which exceed the 35ft height limit, non -habitable architectural
21 decorative features, flood protection purposes and affordable housing as well as review of an
22 inventory of privately -owned offshore islands in unincorporated Monroe County; and
23
24 WHEREAS, the Board of County Commissioners held an advertised public hearing on
25 December 10, 2014, provided for public comment and public participation in accordance with
26 the requirements of state law and the procedures adopted for public participation in the planning
27 process, to transmit EAR -related and EA -related comprehensive plan amendments to the State
28 Land Planning Agency and Reviewing Agencies as defined in Section 163.3184(l)(c), Florida
29 Statutes for review and comment; and
30
31 WHEREAS, the Board of County Commissioners and
32
33 WHEREAS, on the State Land Planning Agency issued its Objections,
34 Recommendations, and Comments (ORC) report. The ORC report
35 states and
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37 WHEREAS, as a response to the ORC Report, Monroe County
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41 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
42 COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
43
44 Section 1. The Monroe County 2010 Comprehensive Plan is amended as shown in
45 Exhibit 1, attached hereto, (Deletions are stfieken through and additions are underlined.)
46
Pap I of 4
I Section 2. The Monroe County 2030 Comprehensive Plan is hereby created and adopted
2 with the amendments identified within Exhibit 1, which is attached hereto and incorporated
3 herein.
4
5 Section 3. Severability. If any section, subsection, sentence, clause, item, change, or
6 provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected
7 by such validity.
8
9 Section 4. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
10 conflict with this ordinance are hereby repealed to the extent of said conflict.
11
12 Section 5. Transmittal. This ordinance shall be transmitted by the Planning Department
13 to the Florida State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes.
14
15 Section 6. Filing and Effective Date. This ordinance shall be filed in the Office of the
16 Secretary of State of Florida, but shall not become effective until a notice is issued by the Florida
17 State Land Planning Agency or Administration Commission finding the amendment in
18 compliance, and if challenged until such challenge is resolved pursuant to Chapter 120, F.S.
19
20 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
21
at a regular meeting held on the
day of _, 2014.
22
23
Mayor Danny L. Kolhage
24
Mayor Pro Tem Heather Carruthers
25
Commissioner George Neugent
26
Commissioner David Rice
27
Commissioner Sylvia Murphy
28
29
BOARD OF COUNTY COMMISSIONERS
30
OF MONROE COUNTY, FLORIDA
31
32
BY
33
Mayor Damiy L. Kolhage
34
35
36
(SEAL)
3 7
MONROE COUNTY ATTORNEY
38
ATTEST: AMY HEAVILIN, CLERK
A7[RO
�VEC AS_TQIJ��.
39
STEVEN T. WILLIAMS
40
ASSISTANT C ORNEY
41
/2UNLATT
Date Aw -Z
42
DEPUTY CLERK
43
Page 4 of 4
MEMORANDUM
MONROE COUNTY GROWTH MANAGEMENT DIVISION
We strive to be caring, professional, andfair.
To: Monroe County Board of County Commissioners
From: Christine Hurley, Growth Management Division Director
Mayt6 Santamaria, Assistant Director of Planning & Environmental Resources
Emily Schemper, Principal Planner
Date: November 18, 2014
RE: Comprehensive Plan Update and discussion of height limit policy options and review of an
inventory of privately -owned offshore islands in unincorporated Monroe County.
The County has been working on the Comprehensive Plan update and has held numerous public
hearings on the proposed amendments. Most recently, the Board of County Commissioners (BOCC)
held special public meetings on March 21, 2014, April 23, 2014 and May 22, 2014, to review
proposed amendments to the Comprehensive Plan. A special BOCC public hearing was held on July
23, 2014, to consider the transmittal of the proposed amendments (the Monroe County 2030
Comprehensive Plan) to the Florida Department of Economic Opportunity (DEO) and this hearing
was continued to October 7, 2014.
A special BOCC public hearing was held on October 7, 2014, to consider the transmittal of the
proposed amendments (the Monroe County 2030 Comprehensive Plan) to the Florida Department of
Economic Opportunity (DEO) and the hearing was continued to December 10, 2014, to discuss the
following:
Policies 101.5.31 and 101.5.32: BOCC directed stqff to work on height policies fior
addressing the replacement of existing buildings which already exceed the 35ft height limit,
address non -habitable architectural features, and address increased height for flood
protection purposes and affordable housing,
BOCC directed stqff to work on an inventory1data ofprivately-owned off -shore islands.
In unincorporated Monroe County, height and grade are defined as follows:
HEIGHT is defined as: the vertical distance between grade and the highest part of any
structure, including mechanical equipment, but excluding chimneys; spires andlor steeples on
structures used for institutional andlor public uses only; radio andlor television antenna,
flagpoles; solar apparatus; utility poles and/or transmission towers; and certain antenna
supporting structures with attached antenna andlor collocations as permitted in chapter 146,
However, in no event shall any of the exclusions enumerated in this section be construed to
permit any habitable or usable space to exceed the applicable height limitations. In the case of
Page 1 of 17
airport districts, the height limitations therein shall be absolute and the exclusions enumerated
in this section shall not apply.
GRADE means the highest natural elevation of the ground surface, prior to construction,
next to the proposed walls of a structure, or the crown or curb of the nearest road directly
adjacent to the structure, whichever is higher. To confirm the natural elevation of the ground
surface, the county shall utilize the Light Detection and Ranging (LiDAR) dataset for Monroe
County prepared in 2007. In the event 2007 LiDAR data is not available for a given parcel, the
county shall use the best available data, including, but not limited to, pre -construction
boundary surveys with elevations, pre -construction topographic surveys, elevation certificates
andlor other optical remote sensing data.
Based on the adopted definitions the following is a basic depiction of. height = the vertical distance
between grade and the highestpart oJ'any structure. In this depiction, the crown of the nearest road directly
adjacent to the structure is higher than natural elevation of the ground surface (prior to construction, next to
the proposed walls of a structure). As such, the crown of the road is the starting point, for this example, in
measuring the vertical distance of the structure.
Height limit
+4_'
(Acwr c�f Rr,,,�,Jdl 5fl' �Crown of the road
Natural Eleva-�Ior, 3fr,
I �P' relqtO te;
mein sA-3 lewl
940
2ft of fill needed to reach 5ft
flood zone requirement from
the natural elevation of 3 feet
In the Comprehensive Plan update, recommendations to amend and expand the height policy have been
made to clarify the measurement of height to match the recently amended land development code
(Ordinance 003-2011) and to address new issues, such as: anticipating new FEMA flood maps and creating
a mechanism to assist property owners to protect their property from flooding and reduce flood insurance
costs as well as issues in permitting relative to architectural decorative features.
For review convenience, a transcription of the BOCC height discussion is attached (Exhibit 1).
Page 2 of 17
OPTIONS FOR PROPOSED HEIGHT POLICIES FOR BOCC DISCUSSION:
Staff has developed the following draft policies for the BOCC to consider:
Policy 101.4516,30
In order to preserve the existing community character and natural
environment, Monroe County shall limit the height of structures including
mechanical equipment and landfills to 35 feet. Height is defined as the vertical
distance between grade and the hi�,lhest part___of any structure, includinc,
mechanical equi ment, butexcluding spires and/or steeples on structures used
for institutional and/or public uses only-, chimnevs-, radio andJor television
antennas; flagpoles; solar apparatus; utility poles and/or transnussion towers;
and certain antenna supporting structures with attached antennas and/or
collocations. Exeer.." f-OF appuffen."..— buildings,
tFaHSHMSS10H tOW@FS and Othef Siffl.1.1aF stfuetufes.
Wind turbines may also exceed the 35 foot height limit provided the site and
the turbines are owned and operated by__a_public utility, have an Avian
Protection Plan VpMved by -the United States Fish and Wildlife Service
(USFWS) and the turbines coMply with relevant State and federal wildlife
protection laws such as the End mizq�g�pgcies_ Act, Milgratory Bird Trq-aty
Act, --Bald and Golden Eagle Protection Act, and National Environmental
Policy Act. Applications proposing wind turbines which exceed 35 feet in
heicrht within the MIAl r review
and cornment.
In the case of aiEport districts, there shall be no exceptions to the 35 foot
heiipbt limitation.
Policy 101.5.31
For Ocean Reef a gated community which is isolated and inaccessible to t
surrounding community, and has a distinct community-, character, strructur
may include non -habitable architectural decorative features (such as finia
rails, widow's walk) that exceed the 35 foot height limit in Policy 101.5.3
but such features shall not exceed 5 feet above the structure's roof -line. Th'
exception shall not result in a structure or any architectural decorative featu
with a height that would exceed 40 feet. I
Policy 101.5.32
in order to protect property rom floodingand reduce flood insurance costs f
lid
U ul #rj I
35 foot-hei6t limit in Policv 101.5.30 as follows:
Pace 3 of 17
L,
Ira M.11,
11 1111 i 111 V 11 KWVW-KIWKfA all a E-- -
IMINISTARIMMim MIM11IRM
mor
I'll ni till"
EM� DID" MIJBIAM-14 INPUT, VMM In liit7wLt
K NO MINOR
il limit I E�tqlvj wirminu In I III] I
IMIXII
Page 4 of 17
Policy 10:1.5.34
In order to incentivize the deve o ment of affordable and emplo i ee/workforl
ININUMM LIMMI'llim'"
on properties desig�nqted_as Tler 3. A structure developed as affordable
eMgloyee/workforce housing for very low, low andlor median inco
t
'01
categories may be developed with a maximum height of 44 feet ro
Lor-up to_th.ree stories over parking or development over nonresidential o
area).
Height is defined as the vertical distance between grade and the highest part of
any structure, including mechanical eguipment, excluding the exceptions
listed in Policy 101.5.30.
Page 5 of 17
OCEAN REEF - architectural decorative features:
Polic 101L.5.3
For Ocean ReeLA,.g.ated.community which is isolated and inaccessible to the surroqpdinoF communit and
has a distinct community character, structures may include non -habitable architectural decorative features
(such as finials, rails, widow's walk) that exceed the 35 foot height I'mit in Policy 10L.5,30, but such
features shall not exceed 5 feet above the structure's roof -line. This exception shall. not result in a structure
or aDLy architectural decorative feature with a height that would exceed 40 feet.
Draft Policy 101.5.31 is intended to address non -habitable architectural decorative features which are
commonly applied for in the Ocean Reef community and the issues this causes in permitting relative to the
architectural decorative features.
Yellow =
symbol for a
non -habitable
architectural
decorative
feature
C4uwr of Rc,od 51
Notorol Elcva-,lor
I ir, rewinp tr:
MNP Sen le -MI
awl
0M
This type of exemption would be to address items such as balls, finials, or a widow's walk
Page 6 of 17
FLOOD PROTECTION AND INSURANCE DISCOUNTS:
Policy 101.5.32
In order to protect property from flooding and reduce flood insurance costs for property owners, a Flood
Protection. Height Exception shall be provided to the 35 foot height limit fil Policy 10J.5.30 as follows:
1. For new structures which are voluntarily elevated to exceed the structure's minimum reguired
FEMA base flood elevation (BFE) based on the -flood zone, an exception of up to five L5)_feet above the
35-foot height limit may._be..permitted. The amount of the exception shall be a maximum of five (5)
-feet, and shall -be -no gareater than the amount of voluntary elevation above,,,,B,FE; and
2. For existing structures which do not currently exceed the height limit of 35 feet in Policy 101.5.30
and are voluntarily elevated to meet and/or exceed the structure's minimum required FEMA BFE
based on the flood zone, an exception of up to five (5) feet above the 35-foot height limit may be
permitted. The amount of the exception shall be a maximum of five (5) feet, and shall be no greate
than the amount of elevation necessaEy jo- meet BFE plus the amount of voluntaLy elevation above
jE', a n d
3...Existing structures which do not currently exceed the height limit of 35 feet in Policy 101.5.30,m.ay
be permitted a height exception of more than five (5) feet, if necessary, to voluntarily elevate the
structure to meet the structure's minirnum required FEMA BFE based on the flood zoie plus I (one)
additional foot above BFE,
Draft Policy 101.5.32 is intended to help protect structures from flood events, mitigate upcoming FEMA
flood zone height changes, mitigate rising insurance costs for the property owner and assist with flood
Z�
insurance rate discounts in the Community Rating System. The discussed height exception would allow
structures to be elevated higher than the required minimum FEMA base flood elevation which could then
allow property owners to obtain discounts on their insurance and help mitigate potential flooding damage.
See the following example on flood insurance discounts:
'6� 1,�
VI
�e
A
Paae 7 of 17
4�
For draft Policy 101.5.32 which creates the Flood Protection Height exception, the BOCC expressed
concerns with a property owner's ability to either build or elevate their homes without losing living space
(i.e. reducing the number of stories of the structure) and being squeezed into smaller homes. To try and
determine if this is an issue with the proposed policy exception, which would allow an additional 5 feet in
height, County staff has evaluated the number of properties per flood zone [following Flood Zone table] and
created basic illustrations [following 4 page Flood Zone Height Analysis] to depict how the current height
limit, per flood zone, may affect proposed development, and examples with the flood protection height
exception.
Based on the information in the Flood Zone table, it is noted that the majority of parcels within
unincorporated Monroe County fall within the AE 7 to AE I I flood zones. There are 44,9 10 parcels within
these flood zones, out of an estimated 56,843 total parcels within unincorporated Monroe County (79% of
the total parcels are within AE 7 to AE 11),
Based on the information in the Flood Zone Height Analysis, generally:
• In flood zones X through AE 10 or VE 10 [approx. 47,158 parcels], a three (3) story structure may
be developed.
• In flood zones AE 11 (VE 11) through AE 20 (VE 20) [approx. 9,330 parcels], a two (2) story
structure may be developed.
• For flood zones AE 21 (VE 21) and greater [approx. 19 parcels], a one (1) story structure may be
developed.
The generalized comments are made based upon the provided examples, within the Flood Zone Height
Analysis, with crown of road at 5ft and used as the starting point (grade) for measuring height.
HEIGHT is defined as: the vertical distance between grade and the highest part of ally
structure...
GRADE means the highest natural elevation of the ground surface, prior to construction,
next to the proposed walls of a structure, or the crown or curb of the nearest road directly
adjacent to the structure, whichever is higher....
Page 8 of 17
FLOOD
ZONE TABLE
FEMA Flood, Zone
Numberof Parcels
0/0 of total
% of total
x
1,935
moil=
140%
0.2 PCT ANNUAL
5.16%
CHANCEFLOOD
HAZARD
999
1.76%
AE5
1
0,00%
AE6
1,964
3.46%
0 un
AE7
8,996
15.83%
AE8
14,824
26.08%
AE9
11,272
19.83%
AEIO
6,835
12.02%_
83,48%
AEII
2,983
5.25%
2
AE12
121
0.21%
AE13
418
0.74%
AE14
36
0.06%
7�
0
AE 15
3
0.01%
AE16
1
0.00%
VE9
5
0.01%
3 story
VEIO
327
0.58%
VEII
1,019
1.79%
VE12
1,443
2.54%
Cz
VEH
1,069
1.88%
VE14
1,815
3.19%
VE15
352
0.62%
VE16
31
0.05%
10.76%
VE17
33
0.06%
VE 19
5
0,01%
VE 20
1
0.00%
VE 21
8
0.01%
VE 22
7
0.01%
VE 23
1
0.00%
2
VE 24
1
0.00%
VE
2
0.00%
OPEN WATER
10
0.02%
total parcels
56,843
Note: As of October 2014 there are approximate�y 56,843 parcels in unincorporated Monroe County.
The totalfrom the spreadsheet will be different as some of the submerged parcels do notfiall within the FEMA Zones.
Page 9 of 17
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EXISTING STRUCTURES:
Policy 101.5.33
A lawfull established existing structure which currently exceeds the....height limit of 35 feet in Polia
101.5.30 may be repaired, improved or reconstructed to its existing height, provided the structure is linflited
to the lawfully established existing intensity, floor area, density and type of use. A Flood Protection Height
Exception for a lawfully- established existing structure exceeding the 35 foot height limit shall be RKqyi�ded
as follows:
1, For lawfully established existing structures which currently exceed the height limit of 35 feet in
Policy 1.01.5.30 and are voluntarily,- elevated to meet andJor� exceed the structure's mimmum required
FENIA BFE based on the flood zone, an exception of up to five (5) feet may be permitted. The amount
of the exception shall be a maximum of five (5) feet, and shall be no greater than the amount of
elevation necessM-to meet BFE plus the amount of voluntary elevation above BFE��and
2. Lawfully established existing structures which currently exceed the he�igght I.i.m.it,.of 35 feet in-P lic
101.5.30, may be permitted a height exception of more than five ,(5) feet, if necessary, to voluntarily
elevate the structure meet the structure's minimum required FENIA BFE based on the Hood zong� �Ius 1�
fone)additional foot above BFE.
For draft Policy 101.5.33 which creates the height exception for a lawfully established existing structure
which currently exceeds the 35 foot height limit to be repaired, improved or reconstructed to its existing
height and provides a Flood Protection Height Exception to elevate the structure to meet and/or exceed the
required FEMA BFE.
Example 1: 5 feet to exceed the structure's minimum required FEMA BFE
4 -3 -5 1 —C" — I I I I],
2 Q'— C " 1
13 5'
* 10'-0"
U
In
Om
U
U
In
+5'in height
+5' above BFE of 5ft,
Naturd Sevarkr .3t,
1 ir felatiaff ta
Mon S--3 IMI
Page 14 of 17
Example 2: elevated 10ft to meet the structure's minimum required FEMA BFE plus I additional foot
above BFE
)-)'0
42'
- III 1111Q, P11 LU
mean S�-a level
AE 15 AE 15
Note, staff has not been able to complete an inventory of structures that exceed the adopted height limit of
35 feet as there is not enough information in our files to determine the exact grade (either highest natural
elevation of the ground surface, prior to construction, next to the proposed walls of a structure, or the
crown or curb oj'the nearest road directly adjacent to the structure, whichever is higher�) for most structures
built before 1985. As such, we cannot determine the number of structures which may be affected by the
proposed policy. Below are examples of structures which appear to exceed the adopted height limit:
Moon Bay Condos, mrn 104
Built in the 70s
Crown of road might be 1, 3-14' based on LiDAR,
Building B is 46' from ground level of 13' AMSL.
Building A is 49'6" from ground level.
Harbor 92 Condos, mm 92
Built in the 70s
Crown of road might be about 8' based on LiDAR
Building is 63' from ground level
Kawama Tower, mm 102
Built in the 70s
Building is 85' from ground level of about 7' AMSL
Page 15 of 17
AFFORDABLE HOUSING:
PolLcj_101.5.34
In order to incentivize the development of affordable and employee/work force housing, an exception shall
be provided to the 35 foot height limit in. Policy . 101.5.30 exclusively for affordable or employee/workforce
dwellin-,,, units that meet the income limits for the very low, low and/or median income categories on
rdable or emplovee/workforce housing for
vea.,Jow, low and/or median income categories may- be developed with a maximum hgjg�ht of 44 feet (to
provide for up to three stories over parkiLig..o,rdevelopment over nonresidential door area).
Height is defined as the vertical distance between grade and the.,highest part of any structure, includinc,
2aaztt�t�
mechanical equipment, excluding the exceptions listed..in, Policy 101.5.30.
very low income = household whose total household income does not exceed 50% of the median
monthly household incomefor the county
low income = household whose total household income does not exceed 80% of the median monthly
household income for the county
median income = means a household whose total household income does not exceed 100% of the
median monthly household income,for the county
For draft Policy 101.5.34 which creates the height exception for affordable housing, the BOCC discussed
finding ways to incentivize additional development of affordable housing, The intent of the proposed policy
is to encourage additional affordable and employee/workforce housing provision by allowing structures
developed as affordable/workforce housing to be built with a maximum height of 44 feet to provide for
three stories over parking or development over nonresidential floor area.
10,
5
44'
10,
1( 10,
2 0'— Cj 40'
3
0 lo'—O"
UM
10,
cluwr Ot Ru"ad 5ft.
Nottiral EleVaICT 3f-
I if, relOvIlt tf;
Mow SA-3 le'M
Page 16 of 17
h A
The inventory/data of privately -owned offshore islands requested by the BOCC is attached as Exhibit 2
(table) and Exhibit 3 (maps).
For these exhibits, staff utilized the proposed definition of offshore island which means an area of land,
surrounded by water, which is not directly or indirectly connected to U.S. 1 by a bridge, road or causeway.
Additionally, staff utilized the County's GIS data to provide Future Land Use Map (FLUM) designation,
Land Use (Zoning) District, Tier designation and approximate upland acres for each privately owned
offshore island.
The
following
offshore
islands
appear to
have residential
development
potential;
however,
it should
be
noted
that
Wisteria Island
and Ballast
Key do
not have
a FLUM
or Tier designation:
PLUM
Approx.
Zoning
Approx.
Estimated
Upland
Estimated
Map
Ma p
RE Number
PLUM
Residential
Residential
Zoning
Residential'
Residential
Tier
Acres
Total
Name
#
Allocated
Development
Allocated
Development
Density
Potential
Density
Potential
Based on
Acres
GIS Data
00091210-000100
00091210-000200
00091210-000600
00091210-000300
00091210-000000
00091210-000700
00091210-001000
Pumpkin
00091210-001400
RM
Vlot
17
Is
Vlot
2418
25.05
Key
2
00091210-001200
17
00091210-001500
00091210-000800
00091210-000500
00091210-000400
00091210-001600
00091210-001100
00091210-000900
00091210-001300
Toms
Harbor
10
00098970-000000
RC
0.25
2.66
Os
0.10
1.07
�l
10.65
49.40
Keys
Little
16 &
Palm
18
00107880-000000
IVIC
6.00
25.20
DR
1.00
420
'1
4.20
4.20
Island
Wisteria
Island
33
00123950-000000
Undesig-
nated
Os
0.10
1.87
Uridesig-
hated'
18.7
39.03
Ballast
34
00124030-000000
Undesig-
IDS
0.10
1131
Undesig-
13.1
14.28
Key
nated
hated
Page 17 of 17
g
Tuesday, October 7, 2014
Height Policies
Then the next change is on page 43...
You have a couple of new policies hen, you all directed staff to take a kook at how to possibly raise the height
limit for architectural features that really just apply to Ocean Reef and so we've also come up with some criteria
and you'll see that onthose two policies 5.3land S.32
Mayor Murphy: Do we have a public speaker on this Lindsay?
Mayor Murphy: Debbie, are you ready for public speakers?
Debbie. Yes marn on this particular topic.
Joel Reed: Good morning Mayor, Commissioners, Joel Reed. I'm here today on behalf nfOcean Reef Club and
Ocean Reef Community Association inregard tVthis issue. First ofall | want tothank you for the support. As you
know Ocean Beef is a distinct community. It's a private gated community of about twenty five hundred acres,
about seventeen hundred units op there. We have a lot of additional amenities up there, public buildings or
quasi, kind ofpublic buildings that are for the club purpose aswell. Ocean Reef also has aCommunity Association
which has its own architectural board, its architectural committee that kind ofmakes going through DR[and
Planning Commission a day at the beach compared to their architectural committee. They are very stringent.
They impose a lot of times additional requirements and regulations on their projects. Their whole community is
very involved with the process. They're all notified asfar aaany changes that happen up there. Sothe five foot,
we appreciate the support and the language in there a lot of times, some of the single family homes and the
commercial buildings aowell bump up asfar as making them more architecturally attractive to need this section
to allow for that. We also have had e lot of discussions the last couple of weeks internally as well. |'m going to
pass out, | guess tnthe clerk and toyou guys, additional language xvewould like you guys to consider. But we
have been talking to staff about —.(passes out additional language considerations) So not to confuse the issue,
there are two specific issues. First isallowing for some additional architectural features that the five foot would
du. As we went through the dub, as I said, owns a lot of buildings. Some of those buildings are the hotels that
are near Buccaneer Island, if you've been up there before. The Amberjock, The Dolphin, The Marlin, these
buildings are aging, they're coming to the end of their life. We have done quite a few renovations to them. At
this point there is not really many more renovations that can be done in order to continue to maintain and
operate them. As you know, that function of the dub as well is essential to maintaining a Class A dub up there,
continuing to provide for the tax base that comes out of Ocean Reef is by having anattractive club where vvecan
continue to attract, to maintain current members and attract new members, Alot ofthose buildings, | have some
data, it's not all there, The Amberjack for example is three levels of living. Just togive anexample, the couple, I'm
not going to go into all of them, but we said look if these things were substantially damaged through a hurricane,
or they had to come down, or we had to rebuild, mxewouldn't be able to build back those units tothose heights
Page 1 of 11
that are there today. We have several. We have The Harbor House which is a condominium, its over fifty four
feet right now in Ocean Reef Club. We have The Marlin, which is one of the hotel buildings, that's at forty two
feet. VVegot the Dolphin Hotel atforty seven feet and The Creek House. VVedidn't have the number onitbut m/e
know that's well over forty feet as well. That's another condominium building up there. We came up with the
boot barn, that's at thirty seven feet, the boat barn that we have up there. But there is about seven or eight
buildings specifically that w/athought it would be greatly impacted as we try to redevelop these properties or if
we have to due to a hurricane or other issues. Some of the other issues we face is that although these are three
stories and they are just pushing the height |imit.riQhtnow. You know, ifyou get three stories upthere you're at
thirty feet and then you have an architectural roof element you're at thirty seven feet or something like that. A
lot of these buildings are built below flood right now so if we go to build them back, obviously we're talking about
sea level rise, we want to encourage those buildings to be brought back uptoflood, What happens is we lose
vvbo|e top level that we currently have today. We vvoo|d lose almost a whole Moor there out of those
developments and that's just not possible tohappen. Sovvaproposed some additional policy language toput in
there to protect these existing buildings that are there to be able to be built back. VVehaven't thoroughly vetted
with staff yet at this point we have just proposed talking about the issue that | just explained. We would like and
hope to support and to continue to work with staff to tweak some of this language to get into the Comp Plan to
protect us on some of these issues. And the language, it exempts, it doesn't exempt, it doesn't include single
family homes so this is only for the multi -family and commercial structures that are up there, so it doesn't include
any of the single family homes and what it says is, "lawfully established structures that exclude single family
homes that exceed this height limit may be replaced with their existing height plus any additional height required
to elevate the first finished floor two feet above the FE" so encouraging them to go, you know, those extra two
feet aswell above that base flood elevation to account for future sea level rise as well. And then also that the
height limit applicable to Ocean Reef and this would be an exemption for their community center building. The
community center building up there right now puts on productions and theater productions and when it was built,
they aren't able to attract and have the top of the line theater groups that come in there because a lot of the sets
that they have, they change throughout the production. They actually lift that whole set up to lift that whole
backdrop up into the ceiling and then they drop down the new one and their theater wasn't able to be designed
to that because of the height and so they also want that as an exclusion so that they can look to enhance that
building atsome point tobeable toattract those types ofproductions there. I'm here for any questions. Thank
you for considering.
Mayor Murphy- So the proposed additional language, Joel, is what you want, not the existing language?
Joel Reed: We support the Club and the Community Association both support that existing policy language that's
Commissioner Carruthers: theinstitotinma||angwage—
Joe Reed- Yeah. This is additional language, as we were to|Nog about that five foot that was in there, that we
were supportive of. You know, we started to talk about the hotels and the aging and the issues and if we did try
and rebuild them back, what that would look like in the loss ofrooms and the development that's there.
Mayor Murphy- Do we have a public speaker on this?
Page 2 of 11
�in�sa� �aUar�/ We do.
Mayor MurphyLet's hear the public speaker. Another one.
D.A. Aldridge
D.A. Mdhdge: |'m D.A. Aldridge. | live onTavernier which is part of Kay Largo. Here we are at the last minute, a
breath away from sending the Comp Plan and all of a sudden we see a very important change being requested by
our Northern neighbors. The Federation of Homeowner's Association has been very adamant about height
restrictions for many years and we have continually fought for thirty five feet. We are asking at this time, | am
asking etthis time tohave you not vote onthis. VVehave not had the opportunity tolook atthe language that has
been just handed to you and we feel that it needs to be reviewed very closely by the staff and by you because this
is ahuge change that they are requesting. Thank you.
Mayor Murphy: ... That's it
Commissioner Ko|hage, What does the, in the final sentence when they talk about assembly group A1 and so
forth, what does that mean?
VVedon't know.
Mayor Murphy: Well they haven't seen it yet. This is the problem with this.
Well we have seem that he emai|ed it but we asked questions. We didn't know what he meant
by that.
Connmmissk»nerKoUhage: Well but we're going to have to be more specific on that. We'll have to have language
that says exactly what it means. I think anyway.
Commissioner Rice., Could we not deal with this today and deal with it in January?
Ifyou want us to address his comments, I just say get direction from the board atthis point.
We work on some type of language to bring back to you in January.
Commissioner Rice. I think that's what we should do.
Mayor Murphy: And what happens if we then want to make changes in January? Do we hold up the whole
process?
I think you can legally make changes on the floor by motion before we transmit,
Bob Shi�lingen As long as you're not changing the general substance of it. The general tone of it.
Mayor Murphy- Well that's what | am worried about, If we let this go ti|]anuary and then begin to, ya know,
because we are supposed to vote on that in January.
Page 3 of 11
Commissioner Neugemt: | would ask on issues like this because | very much agree with what was said that we just
got this and I think we need some information and my question is, and there may be some more issues very
similar to this that come up. Can we have another meeting discussing those particular issues before the January
��risdne �mr|ew� Sure. VVecould do that.
Mayor Murphy: That would be helpful.
Cornmiss�oner Rice� That may be the way to approach it.
The problem with holding itinNovember orDecember bthe calendars are already amess from
the holidays.
Commiss�oner Neugert� Ohmygosh uemight have todoalittle work.
No, that's not what | meant. It's just that even your regular board meetings got all shifted
around.
Commissioner Neugent: Have it at the board meeting. End of the item discussion for a board meeting.
Okay. We can do that.
Mayor Murphy: We can do that.
Commissioner Neugemt: Another things that's in this right here as | read it for clarification purposes,
"architectural decorating features that exceed the thirty five foot height limit but such features shall not exceed
five feet above the structures roof line" Joel also mentioned that some ofthese buildings are already, | guess they
vvnu|d be legal non -conforming because they are above the height limit, so when you soy "features shall not
exceed five feet above the structures roofline" what rocifline are we talking about? The one that's already non-
conforming? Or thirty five feet, shall not exceed five feet above thirty five feet? That's not the way |necessarily
interpret that.
Mayor Murphy. Because if it's the fifty four foot building, we're now atfifty nine —
It's not though. This is meant for new development that cannot exceed thirty five feet.
Commissioner Neugent., Well what happens ...
�hris�ine �urhe�. Joel has added in and what he is really asking you todo, is in simple terms, and | think it could
be very simplified, is agree that existing, non -conforming buildings that are at a height greater tban thirty five
feet, beallowed tmrebuild tothat height p|us—
Commissioner Neugent� I didn't hear anybody bring that up...
That's really what he is asking though.
Commissioner Rice,. Well that's what this really says
Page 4 of 11
V10MV
Mayor Murphy: Plus what?
�hrist�ne �ur�e�� plus, let him adjust, |ike we a]ready have a provision inhere, for another five feet if they need
to raise the elevation for FEMA floodplain issues.
Mayor Murphy, Fine, but not for decorative features.
Well hetalked about decorative also, but hedefinitely spoke about ...
Mayor Murphy: Well let's get itdown pat.
��r�stime��r�ey� Well we will try to but we got his language a couple days ago and...
Mayor Murphy: Well his language iskind ofgoing inafigure eight.
CormmmbmiomerKmUhage; | understand what they are saying. |nother words, hewants tVmaintain what they have
now with anadjustment.
Yes. I think that's what he is asking.
Commissioner Kolhage- And I think that is reasonable.
Mayor Murphy. To replace m building, an older building that was built over thirty five feet have a problem with
that anywhere in Monroe County. It is what it is, we're all used to it, it's part of the landscape.
Commissioner Neugent- Clarification on what you just said
Mayor Murphy- I do not object to any of the older buildings that were built above thirty five feet. VVeall have
them inour neighborhoods. If they need to be replaced or have to be replaced, I don't have a problem with them
maintaining the height.
Commissioner Neugemt: Hold on a minute theme. 1-5thereanything in our code, and | mxouk] use this as an
analogy, FEIVIA's description of it, if its damaged by more than fifty percent it has to be rebuilt, that is there
anything inour code orComp Plan that says that it then can bebuilt over thirty five feet?
Mayor Murphy: No, No.
�hr<s�ine �ur�e�� Okay, today, don't mix apples and oranges. Today our code does not allow us to approve a
building permit above thirty five feet. If the structure is destroyed beyond fNtv percent, they then have to
conform to the new code, which is the thirty five foot height limit. And if it's destroyed beyond fifty percent
under the floodplain rules, they have to raise the elevation and that's why they added this other position.
Commissioner Neugent: I understand the apples and oranges thing that |jmst plugged into it as an analogy but
what I am saying is, have we had that discussion? You just said, at least my interpretation, that you can't build
what Commissioner Murphy just said
: I I I , 1, 1 . You can't. That is what Joel is asking you to change.
Exhibit 1
Commissioner Neugent: So we need to have that discussion.
CommmnNsioner Carruthers, And that's why we have the further thing about flood protection and height
exceptions. Go to 105-5.32. We added that so that we would allow people to exceed the thirty five feet when
they have to, to create enough free board to comply with FEMA regulations.
Commissioner Neugent: I'm not talking about base flood elevation.
Commissioner Carruthers: but that is the crunch that you are getting into. When the Mayor says that you can
rebuild a building at the height it is today, but we have a thirty five foot limit and FEMA says you gotta raise your
building five feet, you lose a story.
Commissioner Nemgent/ that addresses one part ofit. The other part that isnot being addressed inmyopinion,
is do we have anything, are we proposing that then a fifty fourfoot high building could be rebuilt to fifty four feet.
Joel is proposing that.
Commissioner Neugent: And that's what I am asking this Commission. Is that where we want to go with that?
Commissioner Carruthers- Well, | mean, ifvxedon't allow people tudothat, isn't that essentially otaking? |mean
you would be ... think about the real life economic consequences of...
Bob Shillinger: There may be some Bert Harris implications but it's a different analysis.
Commissioner Koffiage: What we are considering here is because of the isolated and specific nature of Ocean
Reef, do we want to make an exception here?
Commissioner Neugemt: And can | tag onto that Commissioner Ko|hage/ Municipalities have the right, if |
misspeak correct rne' to go above thirty five feet if they choose to. Marathon has gone above thirty five feet, |
think Key West has height limit above thirty five feet, but based on what Commissioner Kn|hagejust said, and |
want to hear some arguments otherwise, Ocean Reef is an isolated area, miles away from anyone else and a
gated community, albeit in unincorporated Monroe County, the/'re very similar to a municipality with a city type
manager, that do we want to be so parental if they have no objections internally amongst themselves to keep
them from rebuilding above thirty five feet or changing some things that they have gone through the public input
locally with their gated community. Dovvewant tnimpose our thoughts onhow Ocean Reef should berun?
Commissioner Rice- I don't think we are trying to do that.
Mayor Murphy: | don't either. But | will tell you, myfeeling is, inmany, many instances, what Ocean Reef wants
to do up there because they are away from everyone I've agreed with. They've had good ideas, no problem and
they do it. However when it comes to things like the height limit that everyone in this county is interested in,
every developer is watching, and a lot of the homeowners are watching. | can't do something for them that |
won't dofor the rest ofthe county. And | will gotothe extent that these buildings that Joel istalking about, were
built when there was noheight limit actually. |fthis comes down either inahurricane orthey want toremodel it,
| don't have aproblem with them rebuilding tothe height itwas. | don't think itruins the landscape because we
Page 6 of 11
Exhibit
have had thirty/forty years nflooking atit. And therefore, everyone else in the county can also rebuild the over
thirty five feet structures they have. Most of them are commercial structures.
Commissioner Ko|hage; Okay can | ask you a question Mayor so | can more or less understand your position? So
you've saying, you don't have e problem with them rebuilding to the height that they are now but you mean
without the adjustment for base flood elevation or with it?
Mayor Murphy: No, because everyone in the county is going to get that adjustment.
Commissioner Kolhage: So you don't have an objection to it?
Mayor Murphy: Not to that. I have an objection to the decorative features,
Commissioner Ko|hage: Okay but look, if it's, if they got a fifty foot building and there is e five foot adjustment
for base flood elevation, you don't have a problem with them going to fifty five feet?
Commissioner KoUhage:Okay.
Mayor Murphy- They are going to what they were before the remodel ...
and you want it county wide not just for Ocean Reef?
Mayor Murphy: Yes.
Commissioner Carruthers: But only for flood mitigatimn—
Mayor Murphy: That's it, no decorative stuff.
Well right now the decorative isin, the flood isin_
Commissioner Carruthers: Well the decorative is in for Ocean Reef only, the flood is in for everyone. Right?
Yeah and the decorative is not so much what Joel is talking about relative to the bigger
commercial buildings, its more for the single family hnrneo that want the decorative features on top of the roof.
They are separate issues really. So right now in the draft policy you have included an extra five feet in Ocean Reef
for the decorative architectural features, you've included for the whole county upto five feet adjustments for
flood protection, raising your elevations, and Joel is asking you to also include, for Ocean Reef, but it sounds like
you at least have one Commissioner who wants to do it county wide for grandfathering existing buildings that are
higher than thirty five feet and allowing them to get the flood adjustment,
Bob Sh01inger: You'd want tovest them for that height iswhat I'm hearing.
�hris��neH�r�e��Yup.But | don't know the Commissions, I'm not ge1t|ng—
Commissioner Neugemt: Well first ofall the staff issupposed 10review what the request is and bring it back the
staff recommendation
Page 7 of 11
Exhibit 1
��ristime Hu.�eY� But I'd like to kmuvv what the board, county wide or Ocean Reef for this vesting of existing
buildings atleast.
Commissioner Rice: Well let me help you out, if we don't do that the economic impact, eventually we will
destroy what vweknow down here. | don't feel that vvehave any choice.
Commissioner Carruthers- | don't think it's fair ... | don't think it's fair to not let somebody rebuild what they got.
As it is when they do rebuild they have to meet standards that exist today that did not, and codes that exist today
that did not exist then.
| understand what you all are asking for so if you want to just move on without voting, we will
draft language and bring it back for discussion on one of your regular agendas.
[ommnmiss|omer Neugemt: Let me point this out, as someone who operated out of an illegal non -conforming
building, if you think that it is something that is, it was called Pork's restaurant, and if would have been
destroyed by a storm, | xxmwVd have had a very difficult time, if not impossible time to rebuild with the same
amount of square footage because mfsetbacks that came into play after Porh/s was built eons ago. So if you
think that there is a fairness level here, there is really a lot ofsituations where you can't rebuild.
Commissioner Carruthers: but wouldn't you have been able to apply for variances and exceptions to those
setbacks...
No.
0ommnmissiomerNewgemt: You still would have had tmmeet the setback requirements.
�Mr|s�|ne�uroe�� You could apply for variance for asetback but not height.
Mayor Murphy: See well all vveare talking about is height. Not their setbacks. Not anything else.
Commissioner 1(oUhage:We're talking about changing the whole concept ofthe fifty percent rule.
No I understand
ConnmnissonerKolhage: How does it work? For height ... we're saying we're washing away the fifty percent rule.
�hris�ine�mr|eV� Well other things enter into —.fmrheight you would bewashing baway.
Bob Shi1UUmger:Asatrigger for bringing itinto compliance with current code
��r�st�ne�wr�ew� There are still other things that apply to that but most of those can be remedied by a variance.
Commissioner Carruthers: and just to clarify what you are eluding to | think, Commissioner, isthat someone can
elevate their building now. And that's not necessarily fifty percent improvement, Right?
�hr�s��me*ur|ey/ I mean if you are elevating a building, you're usually triggering that price...
Commissioner Carruthers: Well itdepends onthe building and the cost
Exhibit 1
Commissioner Ko|haga: and the whole destruction issue and the fifty percent and dhat's— I'm not necessarily
saying I have a problem with that but that's what we're doing
And | will say the examples that Joel gave ofthe condominiums, when you, let's say have eight
units per floor and now/ you have m storm that destroys more than fifty percent of that building, you are
eliminating the possibility of one of those floors, because you are going to have to elevate it and that means eight
condo owners don't get aunit and suthat's related tothe Bert Jay Harris that Bob referred to
Commissioner Carruthers: Everybody gets a smaller unit which is still going to be an issue so —
��r���me�urLey� That's under our current rules.
Commissioner Rice: And what we're trying todoisvalidate, you don't want tobuild afifty year building orsixty
year building without accommodating expected sea level rise
Commissioner Carruthers� I guess my only other comment is that I know that this is going to be controversial and
people are going to beconcerned about character and things like thaL.
Mayor Murphy: But it's already there.
Commissioner Carruthers: Well it isalready there_
Mayor Murphy: Soit's not changing the |andscape—
Commissioner Carruthens� It's not but trust me from dealing with this in Key West people have the perception
that overnight the character of our communities is going to change and that's not what we're talking about ... Over
fifty years it probably will to some extent but it's going to have to if we want to continue to live here.
Mayor Murphy: Alright listen we're going totake abreak
......... ---.................................................................. .................
Mayor Murphy- And what | realized is we neglected to give Christine ahead nod one way or the other on the non -
habitable architectural decorative features. My comment was, | will vote for the increase in height but not for the
decorative features. Discuss it and let her know which direction you vvmu|d like her to take when she does her
staff report.
Commissioner Carruthers: Are you talking about within Ocean Reef or County wide?
Mayor Murphy: They are the only ones that asked for it.
Commissioner Carruthers: I don't really care.
Commissioner Nemgent: \NeU put together something that is going to be in place for twenty years or at least
supposedly it should be put in place so this is going to be hard and complex so | would say that the data and
information onbbeing done county wide.
Page 9 of 11
Exhibit
Mayor Murphy: But the point is, what county wide? 1don't care if its county wide, infact bhas tobe. For meto
vote for a height limit, it has to be county wide. Otherwise, I'm not going to vote for it.
�hris�ine �ur|e�� Okay wait a minute, no one has proposed, maybe that's where you're going next don't know,
right now what's in your draft is flood for everybody ...
Mayor Murphy: Base flood elevation...
They have talked about it, | am very dear, everyone is okay with that. Ocean Reef only,
decorative features, five additional feet. And I didn't hear, I heard Murphy say she's opposed to it but I didn't
hear what any of you other Commissioners thought of that.
Mayor Murphy: And that's what I am trying to bring out so that she knows where to go with it.
Commissioner Nemgent: | thought | heard you ask, you wanted a head nod whether this was going to be
proposed just for Ocean Reef or all of unincorporated Monroe County.
I had never heard that the decorative features was proposed for all of Monroe County from you
Commissioner Rice and Commissioner Kolhage respond in unison: No, no...
Commissioner Neugen� Okay but I also heard Commissioner Mayor Murphy say, I'm not going to treat them any
different than the rest of the County,
Commissioner Rice. Well that gives you a slight clue as to how she might vote.
�hr�s�i�e�ur�ey� Sowhat | think I've gotten clarity oniseverybody's okay allowing the people toget five ofthe
five feet toadjust the floodpUa(nifthey are demolished. The board wants ustodraft language toaddress existing
structures that are already over thirty five feet to be able to be replaced with the five foot flood adjustment.
What I don't have any clarity on iswhether or not the board vvamYs us to keep in Ocean Reef allowance for five
foot additional architectural decorative features or not. Or if you want to expand that County wide, which | had
never heard asamoption tothis moment.
CommissionerKo[hage: Let mejust state myposition onthis and you can godown the line I guess but I really
don't care about the architectural features of Ocean Reef. I've tried to care but | just can't. But | am m little
concerned, I'm a little concerned about doing away with our fifty percent rule on the rest of the County and I'm
not saying that I am going to support that.
Commissioner Neugent: I'm not saying that | am going to support anything. yrn saying | just want the
information to be able to make the decision, have the discussions with the people who are going to speak for and
against it.
Mayor Murphy: And my only point with the architectural features, I don't think they are necessary, but if just for
Ocean Reef, | don't want them certainly spread all over Munroe County and if you do that you are guaranteeing
somebody an extra ten feet. Five feet for the base flood elevation, up to five feet, and then up to another five
Page 10 of 11
feet for their decorative stuff, plus what they'll be rebuilding is something that is you know, fifty feet, fifty four
feet, whatever. its adding ten feet to it instead of five. I think that's a bit much.
[ornnmissionerNemgeft At what point in time do we bring up what was brought up previously about addressing
affordable housing, increasing the height limit ...This is all about bringing information back to us.
This is the time to bring that up if you want to.
Commmmiss&onerNeugent: And |just, looking back in history little bit here, there were some comments that
Meridian West could have had another floor which would have increased the housing if they had gone up an
additional foot or so. So again, more information to discuss that strictly for affordable housing,
Yes and at the meeting that State Representative Rasche n held, you all discussed that. We do
not have anything included right now in this policy for increased height for affordable housing. We have
discussed it as staff after you had that meeting. It's our opinion that if you are going to imcentivize affordable
housing development by giving them a higher height limit that you should restrict that to very low and low maybe
median, but the moderate income level is something that we do not think should be incentivized with a height
increase.
CommrniasionerNeugemt: One of the biggestproblems indealing with affordable housing is the property tnbuild
them on. Another reason why I think the discussion should take place for affordable housing toQoupi»that if
you can build more on that specific site as opposed totrying tnfind other properties to build affordable housing
on. |thelps resolve that part ofthe equation.
CnmmmmUssionerKoKlhage: Sowhat are you going todpwith that Christine? Between now and January?
Do you want us to include something for you to consider relative to affordable in the next
version that vvebring toyou atyour regular meeting for discussion?
Commissioner Rice. |do.
�Mr�s��me�u�ey� Okay.
Commissioner Kolhage: I remain to be convinced...
Commissioner Rice: I'm not sure how I feel about it but I think we do need to have the discussion,
�hris�ime �ur|e�� And I'm going to have some diagrams for you all by the next meeting with each policy soyou
can see what that means.
Commissioner Carruthers: Will you also, related to this policy with affordable, that would have to be in very
specific tiered areas obviously.
[�ris��me �ur�ey� | understand. | will bring that also.
Commissioner Ko|hage:it's all about potential serious community character issues here.
Page 11 of 11
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Comprehensive Plan DOCLIMents << Monroe COUnty Comprehensive Plan Update
HOME I PROJECI OVERVIEW I SURVEY I MEETING GAI I ERIES I GET INVUVED! I EXTERNA� RE' SOURCES I CONTACI U,
Cornprehensive Plan Docur-fients
UPDATED COMPREHENSIVE PLAN DRAFT PROPOSED FOR TRANSMITTAL ON October 7, 2014.
J. 0 and 2 0 Introduction ..Back round Element TRACK 0-1ANGES 9 15 14
County....C:.o.n,i.n,i.e.n.t....K....a.nd S Response d 9 15 14
3 1 FUtUre Land Use Element TRACK CHANGES 9 15 14
County, Comment K and S Response Table FLUE 9 15 14
3 2 Conservation and Coastal Element -TRACK CFIANGES 9 15 14
County and S Res
—R-mu Qfi;AaL-kLanaaa-!-E
3 3 Traffic Circulation Element TRACK CFIANGES 9 15 14
County and S Res
14
3 4 Mass Transit Elernent TRACK CHANGES 9 1.5 14
County, Comment K and S Response Table Mass Transit 9 15 14
3 5 Ports Aviation and Related Facilities Element TRACK CHANGES 9 15 14
County....C:.o.n,i.n,i.e.n.t....K....a.nd S Response d
3 6 Ff u i _q_j-
5 CIJANGES 9 15 14
—2-2-0
County and S Resp�Q_�Lag jj��5in 15 14
3 7 Potable Water Element TRAC:K,CFfANGES 9 15 14
County and S Res
—p-QLLag 14
3 8 Solid Waste Elernent TRACK CHANGES 9 1.5 14
County, Comment K and S Response Table Solid Waste 9 15 14
.3 9 Sewer Element TRACK CHANGES 9 15 14
County....C:.o.n,i.n,i.e.n.t....K....a.nd S Response
3 10-D -i a e Element TRACK CFIANGES 9 15 14
� --La-M-
County and S Resp�Q'Lag inage 9 15 14
3 11 Natural Groundyyalle.L-A
__q
11ifer Recharge Element TRACK CIJANGES 9 15 14
County and S Resp�Q-�Lag Recharge 9 1.5 14
.3 12 R.e..c.,an-cL—QL)—en.LiR-
County, Comment K and S Response Table Rec & OS 9 15 14
3 13 Interoovernmental Coordination Element TRACK CHANGES 9 15 14
County, Comment K and S Response Table ICE 9 15 14
3 14_C-pf _2,__15 14
County and S Res
3 15 Cultural Resources Element Deleted TRACK CFIANGES 9 15 14
3 15 Enerov and ES 9 15 14
Facts, Information,
& Resources
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Code Docurnents
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11I.Q.-P-r-alac-11aam.
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Comprehensive Plan DOCLIMents << Monroe COUIAY Comprehensive Plan Update
County and S Resp�Q Lag Ljg�j�-gy irnate 9 1.5 14
4 0 N-lonitorina and Evaluation Procedures Element TRACK CFIANGES 9 15 14
County and S Resp-QLLam _q_ajjd IQ 1 - L L
5 La —�A -J-I
�!-Ll g P It c Fj- 11ci 5 14
County....C:.o.n,i.n,i.e.n.t....K....a.nd S Response Table. Public
.1 Element TRACK CHANGES 9 15 14
County, Comment K and S Response Table. Glossary 9 15 14
Table of Contents
1 0 and 2 0 Introduction Backg-LQjjijcL
C o u n ty, ..C.o.m m o n s e Ta b I e I n t ro d i j ct i o n & F� a c k g ro.0 n d 7 - I - 14
3 1 Future Land Use,�..TRACK CIJANGES 7-1-14
onse Table - FLILJE 7-1-14
3 2 Conservation and C a5t-LIV1 mt TRACK CFIANGES 7-1-14
onse Table - Coastal & Consery 7-1-14
3 3 Traffic Circulation Element TRACK CI-1AINGES 7-1-14
County...C.o.n,i.n,ie..n..t....-...K...a.n.�l..S...Rg.s. onse Table - Traffic Circulation 7-1-14
3 4 Mass Transit Elernent TRACK CI-1AINGES 7-1-14
County...C.o.n,i.n,ie..n..t....-...K...a.n.�l..S...Rg.s. onse Table - Vlass Transit 7-1-14
3 5 Ports Aviation and Related Facilities Element TRACK Cl--fANGES 7-1-14
onse Table P 4
3 6 FIQg�5e
County...C.o.n,i.n,ie..n..t....-...K...a.n.�l..S...Rg.s. onse Table Ffousing 7-1-14
3 7 Potable Water Element TRACK CI-1AINGES 7-1-14
County...C.o.n,i.n,ie..n..t....-...K...a.n.�l..S...Rg.s. onse Table - Potable Water 7-1-14
3 8 Solid Waste Element TRACK CI-1AINGES 7-1-14
onse Table Solid Waste 7-1-14
3 9 Sanita ES 7-1-14
County Corni-nent - K a d.S.Res onse Table -
3 IO.Draina - ).jC.ijaat..Lj'jaCK CIJANGES 7-1-14
gg,_L
County...C.o.n,i.n,ie..n..t....-...K...a.n.�l..S...Rg.s. onse Table - Drainage 7-1-14
3 11 Natural Groundwfi.ULA uffer Rec arse TRACK CHANGES 7-1-14
County...C.o.n,i.n,ie..n..t....-...K...a.n.�l..S...Rg.s. onse Table Natural Groundwater 7-1-14
3 12 Rj2c a d �O 5 -1-14
onse Table Rec & OS 7-1-14
3 13 Interaovernmental Coordination Element TRACK Cl--fANGES 7-1-14
Table - ICE 7-1-14
3 14 C -pital Im roverrients Eleme t TRACK Cl--fANGES 7-1-14
County...C.o.n,i.n,ie..n..t....-...K...a.n.�l..S...Rg.s. onse Table - CIE 7-1-14
3 15 Cultural Resources - Deleted - TRACK CI-1AINGES 7-1-14
3 15 Enerav and Climate TRACK Cl--IANGES 7-1-14
County Corni-nent - K a d.S.Res onse Table Energ ...f-'.ji-nate 7-1-14
4 0 Mou.1Q.r.in-g-and Evaluation Procedures TRACi<..C.1--.I.A.I�.G..E.S...7.-..l.-..1.4.
County...C.o.n,i.n,ie..n..t....-...K...a.n.�l..S...Rg.s. onse Table
5 0 Public.Parti AINGES 7-1-14
County...C.o.n,i.n,ie..n..t....-...K...a.n.�l..S...Rg.s. onse Table - Public Participation 7-1-14
J. a G I o s s
a
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Comprehensive Plan DOCLIMents << Monroe COMAY Comprehensive Plan Update
County Corni-nent - K a d.S.Res onse Table GIo5
Statutorily Required Map Series
Table of Contents
Existing Land Use
Li�12D-2-1,2 Existina Land Use. N-flddIg_Key5
Li�12D-2-1,2 Enlarged Exi i q and Use Middle Ke 5
5 ............... y_L2_qf_
mfj.p-_.2-.I�2E-'nIarg --',.xi ting Land Use Mi
Li�12D-2-1,2 Enlarged Exi5 i q_La-ncJ Use N-flddIe_Key5
ppa
Land Use UapL�,
3 Enlarqg�
I_L�Li st i
Land Use UapL�,
1 4
Soils
L12.R_2LL_5_o, —1cJ—d _Ie__Ke_Y_,e
M3P_3__i_EQh5_Ij 121L2, I-KEY2
Flood Zone
j�12,p_aLZ Flood Zone Lovver Key,
e
ui
j�12,p_aLZ Flood Zone I'lainaind
Terrestrial Habitat
Lia S
Lia e s
M-ap-3- P P a 1-K-aYL
Coastal High Hazard Area
M.a P-3--" g j2 j L-'.aa iU 1 Hah -H L K 12, La
2of3
3of3
h Ijazard Area VflJ.d.�e...Lgy5
Iof3
h 1--lazard Area N-1i d e.Lgy5
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In.I.-I zar A ..e Kgy5 q
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Road System
Key5
Roadway Functional Classification
Classificatio E;,�y
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Comprehensive Plan o=.M=ts"Monroe COMAY Comprehensive Plan opu*"
Lila
Number of Through Lanes
Keys
Technical Document Elements [.mzF]
Technical Document Overview
The Technical Document consists orvarious ^e|ements^' similar to chapters. The elements completed to gate
include 1.oIntroduction and Executive Summary; 2.0 Future Land use; z.oconservauon and Coastal
Management; *.oTraffic Circulation; 5.0 Mass Transit; 6.0 ports, Aviation and Related Facilities; 7.0 Housing;
8.0 Potable Water; 9.0soxg Waste; 10.0 Sanitary Sewer; 11.0 Drainage; 12.0 Natural Groundwater/Aquifer
Recharge; 1z.oRecreation and Open Space; 1*.oIntergovernmental Coordination; 15.0cap/ta|
Improvements; and 1e.0 Energy Conservation and Climate.
The Monroe County Comprehensive Plan Draft Map Atlas contains a series mrmaps that will be used as u,o|
to help facilitate planning and growth management decisions mthe County. These maps are a requirement of
the Florida Statutes and Florida Administrative Code. The draft atlas /sextensive and contains a u,xa| or1z*
maps. These maps are pnm|geg here in Adobe poF. (For printable quality, orgreater |s
suggested). nang copies are also available for viewing at the Monroe County Growth Management Division,
located at 27e8 overseas Highway, Marathon. For your convenience, a Table of Contents for the overall graft
atlas /sprovided as separauapoF.
° £cemrn b I e
°
~ L.0 Traffic Circulation
° 5-0 Mass Transit
* 6 0 Ports Aviation and Related Facilities
° Z±1
_q
°Potable Water
~ Solid Waste
° 11.0 Dcaioase
13.0 Recreation and 0
°
°
°
°and Climate
Draft Map Atlas [.mzF]
Comprehensive Plan DOCLIMents << Monroe COMAY Comprehensive Plan Update
* 2.0 Future Land Us e i t.M.i. 5eries File 2. of 2
2 _ialneil_ _If p__2_
* 3,0 Conservation and Coastal Manaaerrient Element-1, a leav, File I of 6
* .].,.O...C.o.i.i..s.e.i-v.a.ti.o.ii...aiid Coastal Manag-g-LLI it 'LIE�Lif -ta . -��eries He 2 of 6
_QL
* .3...O...C.o.i.i..s.e.i-v.a.ti.o.ii...aiid Coastal Manag-t),
_LLi _qLi t__E_Lg_LLi g_Li t__Lt@a_S e n e s _He3 of 6
* 3,0 Conservation and Coastal Manaaerrient Element-1, a leav� File 4 of 6
* .].,.O...C.o.i.i..s.e.i-v.a.ti.o.ii...aiid Coastal Manag-g-LLI it 'LIE�Lif -ta . -��eries i I e-5 of 6
_QL --- E_ -L - ___L -a-L __f_
* 3,0 Conservation and Coastal Manaaerrient Element-1, a leav, File 6 of 6
* 4,0 Traffic Orculati n I e nt M -p
2__ —Se _n e s _L�ij
* 4.0 Traffic Circulati n I e I -M �i -L n-El I e 2 of 3
Q__ 11-Ine-ILL Lif F2--f
* 4,0 Traffic Orculati n I e nt V1 -p
2__ —Se _n e s _L�ij
.1,0 M a s s T r a n s i t E I e e .. M -3 e. r i e, s
Eaallt _an_� —
.6...O...P.o.i-.t.s..A.v.ia.ti.o.ii...aiid Related Facilities Element Vap...S.21.-Jas.
Potable Water Element MaD Series
* 9.0 Solid Waste Elen i t�M p E.;gri a
* 10.0 Sanitary Sewer Elernent Va, Series
* 1.1,0 Draina
Unincor crated Po ulation
Projections FINAL DC
A approved 4-5-11
Monroe County (Unincorporated) 2010-2030 Population Projections
A central tenant of long-range comprehensive planning is the projection of future population levels and
characteristics. Population growth trends and projections can have a significant effect on forecasting the
needs and demands for a variety of services such as transportation, sanitary sewer, drainage, solid waste and
parks and open space. Population has a major effect on private development like housing and economic
sustainability; therefore, it is important to analyze past population growth trends and attempt to make valid
population projections as part of the planning process. In this regard, Chapter 163 of the Florida Statutes and
Chapter 93-5.005(2)(e), Florida Administrative Code, requires that every comprehensive plan be based on
resident (permanent) and seasonal population estimates and projections.
A report forecasting changes in population through the year 2030 has been prepared for the update of the
Monroe County Comprehensive Plan. The report identifies population according to upper/middle/lower (UML)
keys and contains the assumptions and methodologies utilized to formulate the projections. The report, which
was approved by the Department of Community Affairs (DCA) on April 5, 2011, was prepared by the Keith and
Schnars Team with primary support from team member Fishkind and Associates.
Based on the approved projections, the functional (permanent and seasonal) population of Monroe County is
expected to increase by 3,418 people from 2010 to 2030 for a total unincorporated County functional
population of 73,956. This represents an average increase of 158 people per year. It is projected that the
permanent population will actually decline to 34,730 people while the seasonal population will increase to
39,226 people resulting in the slight net increase by 2030.
It should be recognized that population projections are dependent upon a number of factors and assumptions,
some of which are beyond the control of the County. Some of the factors that may influence population
projections are regional migration patterns, the availability and location of public services, the extent and
location of natural resources, economic conditions and the growth philosophy of the community. The
population projections presented in this report are prepared for planning purposes only, and should not be
construed to define actual population limits. Population forecasts are subject to revision which may be
accomplished in the comprehensive plan update process.
5-22-12 BOCC Presentation
The EAR process provides the opportunity to identify and analyze major issues for the community that is
related to the comprehensive plan. Staff began by categorizing each comment received through the public and
agency workshops by subject, and then gave each group of comments a heading, creating 16 major issues;
staff has consolidated the comments into primary topics to be evaluated during the EAR process. The attached
.0.1e. identifies the updated List of Major Issues which includes the comments presented by reviewing agencies at
both the Scoping Meeting (held May 13, 2010), and during the subsequent open comment period. The list is
not in priority order.
Adopted Evaluation and Appraisal Report
After review by the Board of County Commissioners on May 22, 2012 the final Evaluation and Appraisal Report
(EAR) has now been adopted. The EAR is a document that serves as a "report card" of the existing
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Comprehensive Plan DOCLIMents << Monroe COUnty Comprehensive Plan Update
Comprehensive Plan by evaluating the existing goals, objectives and policies (GOPs) to determine their
effectiveness in balancing growth, preserving natural resources; achieving water quality improvements;
meeting hurricane evacuation requirements, and complying with State regulations. The adopted EAR document
contains the following information: Introduction, Chapter I -Public Involvement Process, Chapter 2-
Community-Wide Assessment, Chapter 3-Assessment of Comprehensive Plan Elements, Chapter 4-Major
Issues Analysis, Chapter 5-Special Topics, and Chapter 6-Assessment of Changes to Florida Statutes, along
with the Appendix items. These documents are posted to the right.
Final Adopted Evaluation and Appraisal Report (EAR) May 2012
• lable of Contents
• Introduction
• 2a-ter I Public Involvement
• Cha. ter :W I unit -Wide Assessrne.o.t.
• Cha-ter 3 Assessment of Comprehenwe Plan Element,
ter Ma or Issues Assessrnent
• C1 a a p_ p Lca
• C h a - t e r 6 A s s e, s s m e. n t o f C h a n a e s to
Final EAR Appendices
• A e d _1 -. S lf�tln vitation
• A endix 2-Letter of n e n in
_q
• A endix 4- Economic.Tre d �QM2Lt�AEi i 's J ..0 incor Monroe Coun .
• A endix 5-Assessment of Chanoes to Florida Statutes Matrix
A endix 6-Coastal Fli h Flazard Area Lower Kevs 2 of 3
Ux-a' d d I e KgX�L I o f 3
A . endix 6-Coastal Fli h Flazard Area Middle Kevs 2 of 3
Ux-a' d d I e KgX�L 3 o f 3
A endix 6-Coastal Fli h Flazard Area UDD r
A endix 6-Coastal Fli h Flazard Area UDD r
A endix 6-Coastal Fli h Flazard Area Mainland I of I
Z�,pp�L�, LlLi X_C j.LQLjfLict.Anajysis Mafl_s,
A . endix 8-Middle Ke
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ANALYSIS OF CO A S TA IL B A R R I E R R E S 0 U R C E S S YS T E M POLICIES AND REGULATIONS IN MONROI
COUNTY, FLORIDA, MAY 28, 2013.
Monroe County Marina Siting Plan prepared by the South Florida Regional Planning Council (data and analysis).
Public Comment Records
The attached .0.1e. includes the unedited public comments related to the existing comprehensive plan and major
issues facing the County. These comments were collected from residents and other stakeholders at four public
meetings (April 6, 7, 8 and 21, 2010); project website responses; telephone calls to the project hotline; and
emalls and other correspondence sent directly to the project team. The comments help form the basis of the
Evaluation and Appraisal Report (EAR) major issues section.
Monroe County existing 2010 Comprehensive Plan (as adopted in 1995)
Clickle.r.e. to view or download the existing 2010 Comprehensive Plan, as adopted in 1995. This is a large
document and may take time to download.
http://keyscompplan.colyilfacts-information-reSOLLrceslcomprehensive-plan-doCLLMentsl[121212014 4:19:53 PM]
Comprehensive Plan DOCLIMents << Monroe COUIAY Comprehensive Plan Update
http://keyscompplan.colyilfacts-information-reSOLLrceslcomprehensive-plan-doCLLMentsl[121212014 4:19:53 PM]
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 10, 2014 Division: Growth Manageme
Bulk Item: Yes X No Department: Planning & Environmental Resources
Staff Contact Person/Phone #: Christine Hurley, Ext. 2517
Joseph Haberman, Ext. 2532
AGENDA ITEM WORDING:
A Public Hearing to consider an ordinance establishing §6-3 of the Monroe County Code (MCC),
which would provide an approval process for temporary construction staging areas with a special
permit granted by the BOCC.
ITEM BACKGROUND:
Temporary structures related to on -site construction projects may be permitted in accordance with
Section 6-112, but the section does not provide a specific process or allowance for construction staging
areas for off -site projects. It has been interpreted that such construction staging areas may only be
permitted in zoning districts that allow storage or industrial uses. However, this does not capture all
scenarios in that some staging areas are required to be located in residential zoning districts that do not
allow storage or industrial uses. Staff is proposing to create such a clearly defined approval process for
temporary construction staging areas and the uses thereon.
Note: Staff is also proposing consistent amendments to revise the provisions related to temporary
structures in Section 6-112. Staff is also proposing consistent amendments to establish criterion for
temporary uses in Section 130-5 (however as this section is located in the Land Development Code,
the statutory approval process is different). All amendments are ultimately decided upon by the BOCC.
PREVIOUS RELEVANT BOCC ACTION:
At the November 18, 2014 meeting, the BOCC approved a resolution to set the date, time and place of
the public hearing for the proposed text amendment.
CONTRACT/AGREEMENT CHANGES: None
STAFF RECOMMENDATION:
Approval.
TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes No N/A
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: N/A
SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes — No N/A AMOUNT PER MONTH N/A Year
APPROVED BY: County Atty el O'OMB/Purchasing _Risk Management
DOCUMENTATION: Included X
Not Required
DISPOSITION: AGENDA ITEM #
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MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. -2014
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS ESTABLISHING SECTION 6-3,
TEMPORARY CONSTRUCTION STAGING AREAS;
ESTABLISHING AN APPROVAL PROCESS FOR
CONSTRUCTION STAGING AREAS BY THE BOARD OF
COUNTY COMMISSIONERS, PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, a clearly defined approval process for temporary construction staging areas
is needed and required; and
WHEREAS, the Board of County Commissioners shall approve or deny special permit
applications for such construction staging areas; and
WHEREAS, the Board of County Commissioners makes the following Conclusions of
Law: 1) the ordinance is consistent with the Principles for Guiding Development in the Florida
Keys Area of Critical State Concern; 2) the ordinance is consistent with the provisions and intent
of the Monroe County Comprehensive Plan; and 3) the ordinance is consistent with the
provisions and intent of the Monroe County Code;
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS:
Section 1. Section 6-3 of the Monroe County Code shall be established as follows (deletions are
strieken fiffeug and additions are underlined):
Sec. 6-3. Temporary construction staging areas.
A special permit mgy be granted by resolution by the Board of CojMty Commissioners
(BOCC) to allow a propeM to be used as a construction staging area for an off -site
project. The BOCC shall hold a public hearing on the request for a temporga
construction staging area and shall issue a resolution grantiniz, granting with conditions or
Page I of 3
1 deLiying the request. The resolution shall take effect on the date of enactment by the
2 BOCC.
3
4 (a) Applicabilify. A temporM construction staging area for an off -site project is a
5 permitted activity in M land use (zoning) district, provided it is gpproved by
6 special permit and meets the criteria set forth in this section. This special permit shall
7 approve the temporM construction staging area location and use and shall not
8 override or substitute for @ny other provision of the Florida Building Code and
9 Monroe Colm
� Code that require an additional tMe of building permit, certification
10 or 4pproval.
11
12 (b) Criteria. Approval of such a special permit shall be granted only if the following
13 criteria are met:
14 (1) The temporga construction staging area shall serve a project being carried out in
15 the vicinily of the construction staging area,
16 (2) The teMorga construction staging area shall serve a project being carried out by
17 a govermnental agency-,
18 (3) The temporga construction staging area shall be not be located in a tier I
19 designated area;
20 (4) The propegy subject to the request shall be posted at least 15 dgys prior to the
21 BOCC public hearing, with the notice located so it shall be easily visible from all
22 public streets and public w!qys abutting the propegy;
23 (5) Prior to establishment of the temporga construction staging area, a special
24 building pennit LLpproving any associated teMorpa structure shall be issued in
25 accordance with section 6-112;
26 (6) No clearing or filling shall occur to accommodate the temporM construction
27 staging area;
28 (7) Other than fencing, no teMorga structure associated with a temporga
29 construction staging area shall be located in gny required setback; and
30 (8) The teMporM construction staging area shall be compatible with existing uses on
31 surrounding properties, as determined by the BOCC. If necessm, prior to
32 issuance of a st)ecial permit allowing the temporM construction staging area, the
33 board mqy attach conditions to gny special permit 4pproval to _a) avoid substantial
34 harm to public health or safe1y, b) avoid substantial harm to, or iMpairment of the
35 normal use of, a public place; and/or c) avoid substantial harm to the
36 enviromnent. Depending on the nature and anticipated duration of the use, as
37 condition of gpproval to the special permit, the board reserves the righLj�jj
38 a. Provide a deadline for termination of the construction staging area,
39 b. Limit the hours of overation,
40 c. Limit the We of equipment and materials on the site,
41 d. Require fencing, landse4ping and/or other screening to limit potential visual
42 and noise impacts of the use on adjacent propegy owners; and
43 e. Require surface water management iMprovements to the affected site.
44
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46
Page 2 of 3
I Section 2. Severability.
2
3 If any portion of this ordinance is for any reason held invalid or declared to be unconstitutional,
4 inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this
5 ordinance or any provision thereof shall be held to be inapplicable to any person, property or
6 circumstances, such holding shall not affect its applicability to any other person, property or
7 circumstances.
8
9 Section 3. Conflicting Provisions.
10
I I All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the
12 extent of said conflict.
13
14 Section 4. Inclusion in the Code of Ordinances.
15
16 The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances
17 of the County of Monroe, Florida, as an addition to amendment thereto, and shall be
18 appropriately renumbered to conform to the uniform numbering system of the Code.
19
20 Section 5. Transmittal and Effective Date.
21
22 This Ordinance shall be filed with the Department of State and shall be effective as provided in
23 section 125.66(2)(b), Florida Statutes.
24
25 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
26 at a regular meeting held on the day of 22014.
27
28 Mayor Danny L. Kolhage
29 Mayor pro tem Heather Carruthers
30 Commissioner Sylvia Murphy
31 Commissioner George Neugent
32 Commissioner David Rice
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
r.",
Mayor Danny L. Kolhage
(SEAL)
ATTEST: AMY HEAVILIN, CLERK
Deputy Clerk
Page 3 of 3
MONROE COUNTY ATTORNEY
A OVED TO FORM:
STE VENT. WILLIAMS
ASSISTAN COUNTY ATTORNEY
Date I I L11 1-4
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 10, 2014 Division: Growth Management
Bulk Item: Yes X No — Department: Planning & Environmental Resources
Staff Contact Person/Phone #: Christine Hurley, Ext. 2517
Joseph Haberman, Ext. 2532
AGENDA ITEM WORDING:
A Public Hearing to consider an ordinance amending §101-1, §130-4 and §130-5 of the Monroe
County Code (MCC) relating to temporary housing and uses. As this text amendment affects permitted
uses, two public hearings by the BOCC are required prior to any approval. The December 10, 2014
public hearing is the first public hearing.
ITEM BACKGROUND:
The purposes of the proposed amendment are a) to establish regulations concerning temporary housing
associated with capital improvement projects; b) to clarify what types of temporary uses can be
approved, as well as the criteria thereto; and c) to reference the approval process for public assemblies
in the Land Development Code.
Note: Staff is also proposing consistent amendments to establish criterion for temporary construction
uses with a special permit in Section 6-3. Staff is also proposing consistent amendments related to the
temporary structure provisions in Section 6-112 (however as this section is located in the Land
Development Code, the statutory approval process is different). All amendments are ultimately decided
upon by the BOCC.
PREVIOUS RELEVANT BOCC ACTION:
On April 23, 2014, the BOCC reviewed and discussed the issues of temporary housing and uses during
the public meetings concerning the comprehensive plan update. The BOCC directed staff to make
some changes to the existing provisions related to temporary housing.
CONTRACT/AGREEMENT CHANGES: None
STAFF RECOMMENDATION: Approval.
TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes No N/A
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: N/A
SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes — No N/A AMOUNT PER MONTH N/A Year
APPROVED BY: County Atty tdlO OMB/Purchasing Risk Management
DOCUMENTATION: Included X
Not Required
DISPOSITION: AGENDA ITEM #
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7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. -2014
10
11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
12 COUNTY COMMISSIONERS AMENDING MONROE COUNTY
13 CODE SECTION 101-1, DEFINITIONS; AMENDING MONROE
14 COUNTY CODE SECTION 130-4, TEMPORARY EMERGENCY
15 HOUSING; ESTABLISHING MONROE COUNTY CODE
16 SECTION 130-5, TEMPORARY USES; ESTABLISHING
17 REGULATIONS CONCERNING TEMPORARY HOUSING
18 ASSOCIATED WITH CAPITAL IMPROVEMENT PROJECTS,
19 ESTABLISHING REGULATIONS CONCERNING TEMPORARY
20 USES IN THE LAND DEVELOPMENT CODE, PROVIDING FOR
21 SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
22 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
23 STATE LAND PLANNING AGENCY AND THE SECRETARY OF
24 STATE; PROVIDING FOR CODIFICATION; PROVIDING FOR
25 AN EFFECTIVE DATE.
26
27 WHEREAS, temporary uses are defined within Monroe County Code Section 101-1;
28 however despite being defined, there is no approval process provided in part I or part II; and
29
30 WHEREAS, temporary structures may be permitted in accordance with Monroe County
31 Code Section 6-112, which is located in part I (Chapter 6 pertains to Buildings and
32 Construction). The approval of temporary uses is referenced in Monroe County Code Section 6-
33 112, but it does not provide a specific process or review criterion. It has been interpreted that a
34 temporary use may be permitted with a temporary structure; however this interpretation does not
35 capture all scenarios in that some temporary uses do not require temporary structures; and
36
37 WHEREAS, this ordinance addresses temporary housing needs associated with long-term
38 capital improvement projects; and
39
40 WHEREAS, this ordinance establishes a defined approval process for temporary uses, as
41 well as criteria for such temporary uses; and
42
43 WHEREAS, the Growth Management Division proposed a consistent, related amendment to
44 the text of Monroe County Code Section 6-112 that addresses temporary structures; and
45
Page I of 12
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WHEREAS, the Commission makes the following Conclusions of Law: 1) the
ordinance/text amendment is consistent with the Principles for Guiding Development in the
Florida Keys Area of Critical State Concern; 2) the ordinance/text amendment is consistent with
the provisions and intent of the Monroe County Comprehensive Plan; and 3) the ordinance/text
amendment is consistent with the provisions and intent of the Monroe County Code; and
WHEREAS, during a meeting held on July 30, 2013, the Monroe County Development
Review Committee reviewed the ordinance and recommended approval to the Board of County
Commissioners; and
WHEREAS, during public hearings held on September 25, 2013 and September 24, 2014,
the Monroe County Planning Commission reviewed the ordinance and recommended approval to
the Board of County Commissioners;
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS:
Section 1. Section 101-1 of the Monroe County Code shall be amended as follows (deletions are
stfieken fiffeu and additions are underlined):
Sec. 101-1. Definitions.
The following words, terms and phrases, when used in this ehapter- Land Development Code,
shall have the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Capital improvements means the planning of, engineering for, acquisition of land or
equipment for, and the construction of improvements, including, but not limited to, road,
park, solid waste, water, wastewater treatment facilities and systems, library, public
buildings and emergency services, and police facilities, but does not include routine
maintenance.
Public assembly means a lype of temporga use that is attended by members of the
general public, with or without an admission charge, when the duration of the event is
less than seven consecutive dgys and/or the anticipated daily attendance is expected to
exceed 250 persons.
Recreational vehicle means a vehiele er- pei4able straetwe built en a ehassis and designed
as a dwelling for- tfavel, r-eer-eafien er- vaeatiefl. the same as that term is defined in F.S. &
320.01 for- tenaneies of less th . I . . J. has a transportable bedy width not
Page 2 of 12
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emeeeding eight feet and a length net eyweeding 35 feet; and Whieh dees net qualif� as
mebile home; and;. The following qp lies to recreational vehicles in the coLm
1) Excludiniz temDorary housina as set forth in section 130-4, the tenancy of an occupie
recreational vehicle Lipon a lawful recreational vehicle space shall be less than six
months, and
(4) (Q The tFavel tFailer or- park tFa recreational vehicle has been placed on a lawful
recreational vehicle space within a recreational vehicle park, #eve! trailer- i3ar-k.
campground, or otherwise Uproved area, or within a storage yar-d area;
(2) (D The travel tmiler- er- park tFa recreational vehicle has current licenses required
for highway travel; and
(3) �4) The travel trailer- er- park tmiler- recreational vehicle is highway ready. This means
that the recreational vehicle, including gny travel trailer or park trailer., is on its
wheels or internal jacking system and attached to this site only by the quick
disconnect -type utilities commonly used in recreational vehicle parks and
campgrounds and tfailer- p or by security devices. No permanent additions such as
state rooms shall be permitted.
Temporary uses inelude these means uses that are required for a defined period of time
during eei4aia in the construction phase of permitted development (including, but not
limited to, equipment storage, material storage, construction/safe1y fencing and office
trailers), cgpital improvements, and uses that are uniquely seasonal in nature3 (including
but not limited to, other- aefivifies ef a similar natffe sueh as Christmas tFees poli�q
assemblies, holid5qy-related outdoor events such as Christmas tree and p]!W sales,
temporary emergency shelters, concerts, carnivals, art shows, seminars and other
educational events, and tent meetings).
Section 2. Section 130-4 of the Monroe County Code shall be amended as follows (deletions are
stfieken Offeug and additions are underlined):
Sec. 130-4. Temporary emergeney housing.
(a) Definitions. The following words, terms and phrases, when used in this section, shall have
the meanings ascribed to them in this subsection, except where the context clearly
indicates a different meaning:
Recreational vehicles fM means the same as that term is defined in F.S. § 320.01.
Temporary emergency housing means recreational vehicles (or similar approved
sheltering units) used for temporary occupancy in response to natural or manmade
disasters, including, but not limited to, hurricanes and tropical storms, where such
Page 3 of 12
I r-eer-eatienal vehieles RVs (or simil other approved sheltering units) are provided to
2 residents or relief workers as part of emergency relief efforts.
3
4 TemporM non -emergency housing means RVs (or other approved sheltering units) used
5 for temporga occupancy by employees in order to provide project site securily for a
6 long-term capital improvement project or to avoid delLay in completing ongoing or future
7 aiKport safe1y and capaci1y improvements.
8
9 (b) Purpose. It is the purpose of this section to provide regulations that allow for the
10 relaxation of the use prohibitions in artiele M ef chapter 130, Land Use Districts, and
11 chgpter 138, Rate of Growth Restrictions (ROGO/NROGO), to:
12 (1) Provide regulatoKy authorily to allow Alle temporary emergency housing, not
13 subiect to the ROGO permit allocation system, for temporga occupancy by residents
14 displaced by dtuing the r- ind frem -a natural or manmade disaster dama e-j
15 ineluding, but net limited te, hunieanes and tr-epieal stefms or by relief workers
16 involved in reconstruction activities following a natural or manmade disaster;
17 (2) Provide regulato1y authorfty to allow temporM non -emergency housing, not subject
18 to the ROGO permit allocation system, for teWom occupancy by workers
19 undertaking a long-term cgpital improvement project to provide site security for the
20 cgpital improvement project site or to avoid Aveid delay in completing - . -
21 AtPare airport safety and capacity improvements on county -owned airport properties.
22 and
23 (3)Pr-evide regulatory auther-ity fer- plaeefnefit ef emer-geney temper-ary housing fer-
24 wer-ker-s r-espending to meever-y and r-eeenstmetien eff-eFts fellevAng- Hati al For
25 mamnade disasters whieh are lawfully deelared emer-geneies by any federal, state er-
26 leeal gevenunental emergeney deelar-atien authefity-.
27
28 (c) Placement of singie R Vs (er similar shelterft units) for temporary emergency housing
29 on single family let-s parcels. Notwithstanding the provisions of this -chapter 130, Land
30 Use Districts, and ch4pter 138, Rate of Growth Restrictions (ROGONROGO),
31 reer-eatienal vehieles temporary emergency housing (er- similar- sheltering may be
32 placed on a single-family let parcel for temporary occupancy by tenants residents of the
33 same parcel who have been displaced by natural or marimade disaster damage., te the
34 lavvMly established dwelling tH-At en the let subject to the following conditions:
35 (1) The dwelling unit on the subject parcel is lawfully established and has incurred
36 sufficient damage from the disaster to make the dwelling unit uninhabitable as
37 determined by verifiable photographic evidence provided by the applicant to the
38 building department and/or an inspection by an official from a federal or state
39 governmental relief agency, the county building department or the co code
40 eakreement compliance department;
41 (2) A building permit is must be issued within 90 dgys of placement of the tempoM
42 emergency housing_for repair of damages caused by the casualty event to make the
43 residential dwelling unit struetur-e habitable ne fewer than 90 days ftem plaeement e
44 the RV (er similar- shelter-ing unit) en the property;
45 (3) A separate, no -fee building permit must be issued for the placement Plaeeme of the
46 RV (er- similar- sheltefing unit) shed! r-equir-e a no fee building pe temporM
Page 4 of 12
1 emergency housing, linked to the building permit issued for easual damage repair.
2 The building pe nit-
,4heA shall require, prier- to its issuanee, approval by the building
3 official of it's the unit's siting location on the lot P cel and a department of health
4 permit authorizing the connection of the RV (er similar sheltering unit) -to an on -site
5 wastewater treatment and disposal system or to an existing community wastewater
6 treatment system;
7 (4) Only one temporM emergency housing unit shall be placed per single family parcel,
8 and The size ef the RV (or- similar- sheltering unit) to be plaeed en the let shall be
9 4mited to eight feet in m4dth and 32 feet in length, if laeking self prepulsien, and
10 eight feet in vMth and 4 2 feet in length, if self pr-epelled;
11 (5) The teMporga emergency housing WV (or- similaf sheltering unit) —,he& aay remain
12 on the property for a period not to exceed 180 days from the date of building permit
13 issuance or until the final inspection or certificate of occupancy is issued on the
14 repairs made to the residential dwelling unit, whichever comes first. later-, but in ne
15 ease mere than 180 days ffem the date efpeFmit issuanee N"eut a exatensien
16 ftem the eeunty building effieial or- his r-epr-esenteAive net te emeeed an additional 1
17 days based upon the building effleial or- his representative's deteFmia A single
18 extension of up to an additional 180 dUs m" be granted by the building official if he
19 determines that good cause has been shown for the need for an extension and that the
20 temporga emergency housing RV (er- similar sheltering unit) is adequately tied down
21 and secured so as not to present an undue hazard to persons or property in a high-
22 wind or flood event. Expiration of the building permit for damage repairs shall
23 require immediate removal of the teWorM emergency housing unit from the site.
24 However, nothing in this section shall prevent the county or any state or federal
25 authority to terminate without notice the authority to keep any temporm emergency
26 housing R:Vs (er- similar- sheltefing units) otherwise authorized under this section
27 should it be deemed required for the public safety.
28
29 (d) Placement of RV-s (or similar sheltering unit-q)-for- temporary emergency housing on
30 nonresidential properties. Notwithstanding the provisions of this -chapter 130, Land Use
31 Districts, and chgpter 138, Rate of Growth Restrictions (ROGO/NROGO), tempor
32 emergency housing ene er- fner-e R-Vs (or- similar- sheltering units) may be temper-ar-ily
33 placed on a nonresidential or mixed -use propelty o by peFmit on pr-eperti-
34 nenresidmitial land use distFiets and �on publicly -owned lands, excluding lands designated
35 for conservation and resource protection for temporM occoangy by- unt
, te4umse co y
36 residents displaced by natural or maninade disaster damage, subject to the following
37 conditions:
38
39 (1) A no -fee building permit must be issued for the placement of the tempor
40 emergency housing unit(s). The building permit shall require Approval by the building
41 official and the vlanning director of a site vlan indicating the location of the
42 temporga emergency housing unit(s) on the parcel, and a department of health permit
43 authorizing the connection of the unit(s) to an on -site wastewater treatment and
44 disDosal system(s) or to an existing community wastewater treatment system,, and
MI,
Page 5 of 12
13 (2) The temporga emergency housing unit(s) mM remain on the propegy for a period
14 not to exceed 180 dgys from the date of building permit issuance. A single extension
15 of Lip to an additional 180 dgays may be granted by the building official if he
16 determines that good cause has been shown for the need for the extension and that the
17 teMporM emergency housing RV (or- similar shelter-ing unit) is adequately tied down
18 and secured so as not to present an undue hazard to persons or property in a high-
19 wind or flood event. However, nothing in this section shall prevent the county or any
20 state or federal authority to terminate without notice the authority to keep any
21 teMporM emergency housing RVs (er- similar- shefte units) otherwise authorized
22 under this section should it be deemed required for the public safety.
23
24 (e) Placement of tempora?y emergency housing for emergency relief workers.
25 Notwithstanding the provisions of ch4pter 130, Land Use Districts, and chgpter 138, Rate
26 of Growth Restrictions (ROGO/NROGO), temporga emergency housing mAy be
27 provided for terniporga occupancy by emergency relief workers involved in
28 reconstruction activities, subject to the following conditions:
29 (1) An emergency directive or resolution of the BOCC must be issued authorizing the
30 placement and duration of the te=orM emergency housing for relief workers,
31 (2) Placement of temporM emergency housing for relief workers must not imede or
32 interfere with other emergency and recovely operations or public safety,
33 (3) Temporga recoveKy or reconstruction housing facilities shall ensure that temporM
34 electrical and sewage lines do not constitute an attractive nuisance to children or
35 homeless persons in the area (i.e., sufficient temporM fencing mqaY be required by
36 the building official)-,
37 (4) A no -fee building permit must be issued for the placement of the tempor
38 emergency housing unit(s). The building permit shall require gpproval by the building
39 official and the planning director of a site plan indicating the location of the
40 temporM emergency housing unit(s) on the parcel, consistent with the BOCC
41 resolution, and a department of health permit authorizing the connection of the unit(s)
42 to an on -site wastewater treatment and disposal system(s) or to an existing
43 communily wastewater treatment system;
44 (5) Any required demolition or building permits for the related reconstruction activities
45 must be issued within 90 d4ys from the placement of the teMorga emergency
46 housing for relief workers;
Page 6 of 12
1 (6) The temporga emergency housing unit(s) mU remain on the site for a period not to
2 exceed the duration specified by the BOCC resolution, and mu only be extended at
3 the discretion of the BOCC by an additional resolution, However, nothing in this
4 section shall prevent the cogM or !Lny state or federal authorily to terminate without
5 notice the authori1y to keep any temporga emergency housing unit otherwise
6 authorized under this section should it be deemed required for the public safgty;
7 (7) The only persons permitted to reside for gny period in temporga emergency housing
8 for relief workers are individuals who are izainfully eInployed on a fulltime basis in
9 completing clegaup and reconstruction efforts following a natural or manmade
10 disaster. All residents of tempor@M emergency housing for relief workers who were
11 not permanent residents of the colIM prior to first occupying such housing facilities
12 will be required to evacuate in accordance with local evacuation orders. Residents of
13 qny temporM emergency housing for relief workers who were permanent residents
14 of the county prior to first occLipying such housing facilities mg!y not remain in
15 temporM emergency housing for relief workers during any period when a local
16 evacuation order is in effect.
17
18 M Placement of temporaa non -emergency housing single RV-s and ether tempera?5,
19 d�s,elWmg s ogether- W port eenstruetien heusing faedities-9 for
20 temperary, emer-geney -,a&qtx-oq-r-f0Y- heusi.ng contractors on county:�owned airport
21 properties. Notwithstanding the provisions of diis--chapter 130, Land Use Districts,
22 chapter 138, Rate of Growth Restrictions (ROGO/NROGO), temporM non-emerge!LCY
23 housing r-eer-eatienal vehieles, trailers and ether- temper-ary dwelling stmetufes may be
24 placed on county -owned airport properties for temporary occupancy by contractors
25 completing airport safety and capacity improvements subject to the following conditions:
26 (1) A no -fee building permit must be issued for placement of the temporga non-
27 emergency housing unit(s), and linked to existing airport construction permits. The
28 building permit shall require qpproval by the building official and the planning
29 director of a site plan indicating the location of the terniporga non -emergency housing
30 unit(s) on the parcel, and a department of health permit authorizing the connection of
31 the unit(s) to an on -site wastewater treatment and disposal system(s) or to an existing
32 communily wastewater treatment system. All units shall be adequately tied down-,
33 Placement of temporary non -emergency housing for airport construction pmoses
34 heusing faeilities must not impede or interfere with aviation operations or safety and
35 must conform to any applicable FAA regulations;
36 (2) No elearing er- filling ef envir-ewnenWly sensitive lands may eeeur- as a result e
37 pr-eviding t . peft eensti-aefien housing faeffifies;
38 (3) All te PeA eenstFaefien heusing faeffifies shall be adequately tied de'A%,
39 1 ., proper- selid waste dispesal, and require a no fee building peffnit linke
40 existifflNgl. -Aiff-Plert eenstmetien pefmits, that shall require, prior- te their- issuanee-,
41 1 1 y the eeunt-y building effieial ef their siting leeatiens and depaf#n!n
42 health pefmits er- auther-izatien for- the eefffieefien of the ternper-ar-y at
43 eenstmetien heusing faeflities to an en site wastewater- tfeatment and dispesal system
44 er- te an existing eemmunity wastewater- treatment system;
45 (4) Temper-ar-y air-peA eens#uefien heusing faeflifies shall ensufe that temper-arzy
46 eleetfieal and sewage lines do net eenstitute an attfae4ive nuisanee to ehildr-en Ew
Page 7 of 12
I
homeless per-sens in the area (i.e., suffleient temper-ar-y feneing may be required by
2
the building effleial);
3
(5) Temporary non -emergency housing airport construction purposes heusing
4
faeflifies shall remain on the property for a period not to exceed 30 days from the date
5
of completion of the related airport construction work, unless extended by resolution
6
of the beard ef eeunt-y eermnissiener-s BOCC. However, nothing in this section shall
7
prevent the cojIM or M state or federal authorily to terminate without notice the
8
authod1y to keep any teMorga non -emergency housing unit otherwise authorized
9
under this section should it be deemed required for the public safety; and
10
(4)
(6) The only persons permitted to reside for any period in temporary non-emergeLicy
11
housing units for airport construction purposes housing faei are individuals who
12
while in the county are actually gainfully employed on a fulltime basis in completing
13
airport safety and capacity improvements at a county airport. All residents or
14
occupants of temporary airport construction housing facilities must be required to
15
timely evacuate in accordance with local evacuation orders.
16
17
(g) Placement of temporM non-emery—ency housing to provide site securi!Y for c0ita
18
improvement
proiects. Notwithstanding the provisions of chapter 130, Land Use
19
Districts, and chamer 138, Rate of Growth Restrictions (ROGO/NROGO), temporM
20
non -emergency housing for teMporga occupancy by workers undertaking a long-term
21
cgpital
improvement Rroject mgy be provided in order to provide site securily for the
22
project site, subject to the following conditions:
23
(1)
A resolution of the BOCC must be issued authorizing the placement of a temporm
24
non -emergency housing unit for site security. The resolution shall specify the location
25
(placement of the unit at the project site) and the duration of the temporm housing
26
unit, not to exceed 180 dgys. No more than one telnporM non -emergency housing
27
unit shall be qpproved per project site;
28
(2)
Placement of a teMporga non -emergency housing unit for site securily must not
29
jWede or interfere with public safe1y;
30
(3)
The purpose of the teWorM non -emergency housing unit shall be to provide
31
securfty for the project site-,
32
(4)
A no -fee building permit must be issued for the placement of the temporga non-
33
emergency housing unit for site security, linked to the building permits for the related
34
construction activities (if qpplicable). The building permit shall require 4pproval by
35
the building official and the planning director of a site plan indicating the location of
36
the temporM emergency housing unit on the parcel, consistent with the BOCC
37
resolution, and a department of health permit authorizing the connection of the unit to
38
jV
an on -site wastewater treatment and disposal system or to an existing commgp
39
wastewater treatment system:
40
(5)
The temporga non -emergency housing unit for site securijy mgy remain on the site
41
for a period not to exceed the duration specified by the BOCC resolution, and aay
42
only be extended at the discretion of the BOCC by an additional resolution, however,
43
nothiniz in this section shall mevent the cojjM or M state or federal authorijy to
44
terminate without notice the authority to keel? any teMporpa non -emergency housing
45
unit otherwise authorized under this section should it be deemed required for the
46
public safely.
Page 8 of 12
1 (6) The only persons permitted to reside for M period in temiporga non -emergency
2 housing for site secIldly for a cgpital improvement project are individuals who are
3 gainfully eMloyed in completing the cgpital iinprovement project. All residents of
4 temporga non -emergency housing for site securily who were not permanent residents
5 of the coliply prior to first occupying such housing facilities will be required to
6 evacuate in accordance with local evacuation orders. Residents of M temporga non-
7 emergency housing who were permanent residents of the colMty prior to first
8 occoying such housing facilities mgy not remain in temporM non -emergency
9 housing for site segq�n during gny period when a local evacuation order is in effect.
10
11 (h) No clearing or filling of enviromnentally sensitive lands ma occur as a result of
12 providing any We of temporga housing unit(s).
13
14 G) For all permitted teMporga housing, Won expiration of relevant qpprovals and
15 timeframes expressly set forth in the relevant authorization, the temporga housing shall
16 be removed.
17
18
(f) Plaeement ef sing4e
RV-s�, trailers
and other
' �
I
4velling
st-ruetures (teVther
19
Wntperary
heusing
temper-ary
20
reeevery
iverker housing.- NetMthstanding
er iveensMuefien
the pr-ovisiens
faeififiesfq
ef
this
for
ehapter-,
enver-geney
r-eerwAienal vehieles
21
trailers
temper-ar-y dwelling
be
and ether-
struetwes
may
plaeed
en publie er- pr-i
22
pr-epei4y m4thia the
eeui#), fer- temper-ar-y
eeeupaney
by workers
eeeupied
in r-espease te
23
eleanup and r-eeenstizuetien
eff-ei4s
fellevAng
a natweA
er- mamnade
disaster- subjeet te the
24
fellevving eenditiens.2
25
(1) An emergeney
dir-eetive er- r-eselutien
ef the
bear-d
of eeunty
eemmi
sued
26
autherizing the
plaeement
of the temper-ar-y
r-eeever-y
er-
meeas#uetien
housing
27
faeilities;
28
(2) Plaeement of temper-ar-y
r-eeever-y
er- r-eeenstraetien
heusing
f6eilities
must net impede
29
er- inteitfere with
ether- emer-geney
and r-eeever-y
eper-atiens
er-
publie
sa&4y-;
30
(3) Temper-ar-y r-eeover-y
or- r-eeenstfuetien
heusing
faeflities
shall
be
adequately tied deA%
31
and provide fer-
proper- solid
waste dispesal,
and
where
used
te heuse workers
32
invelved in r-eeenstraefien
aetivities,
sheAl
require
a no
fee
building
pefmit linked
33
the required demelitien
er- building
pemits
fer- the
related
r-eeenstFuetion
aetivities;
34
VAer-e the temper-ar-y
r-eeever-y
er- r-eeenstfuetien
heusing
f6eilities
are used te heuse
35
wer-ker-s involved
in meenstruetien
aetivities
,
. ed
demelitien
er- building
36
pefmits fer- the
related reeenstruetien
arettivittiless
lb�--
isslued
vAtWn 90 days ftem
37
the
the temper-ar-y
housing
faeilities A
plaeement
of
r-eeever-y
er- meens#uefien
en
38
appr-eved site.
Prier te the issuanee
of
ne,fee building
peFmits
fer- any temper-ar-y
39
heusing faeilities,
the
building
r-eeever-y er- r-eeenstmetien
eounty
effleial shall
40
appreve of the
siting of the
facilities and
the depar#nent
of health
shall peffflit er-
41
etherMse atAher-ize
the eenneetien
of
the temper-ar-y
r-eeever-y
or- reeffinst-n-I A-ti. ffip�
42
housing faeilities
te an en site
wastewater-
tfeatmefA
and
dispesal
system or- to
43
existing eenununity
wastewater-
tfeatment
system-,t
44
(4) Ne elear-ing er-
filling of environmentally
sensitive
lands
may
eeeuF as a result of
45
temper-ar-y
heusing
faeilities;
pr-eviding
r-eeever-y
or- meenstmetien
Page 9 of 12
1 (5) T-emper-afy reeever-y or- meensti=uefien
housing
faeflifies shall ensum that temper-ar-y
2 eleetFieal and sewage lines
do
Emisanee to eWldr-en eT-
net eenstitute
an aftFaefive
3 homeless per-sens in the area
temper-ar-y feneing may be required by
(i.e., suffleient
4 the building effieial);
5 (6) T-emper-ar-y r-eeever-y or rveenstnaefion
housing
faeffifies shall remain in only fer-
plaee
6 the per-ied expressly set feFth
in the
i i
dir-eetive er- beard
relevant auth
- geney
7 r-eselutien. However-, v��
to
sit building effleial may
r-espee4 &,+y paFtieular-
8 eK4end the allowed plaeement ene or- mere times fer- a eumulative pefied net to
9 emeeed 180 days, and v" mspee4 to one er- more, or- all pennitted sites, the bear-d of
10 eounty ee - - may by r-esolution eK4end the period ef peEmitted plaeement as
11 deemed neeessafy or ex-pedient te the publie geed. However-, net�Aag in this seetien
12 shall prevent the eourAy er- any state er- federal auther-ity te tefminate v"eut net-
13 the authority to keep any temper-ary housing straetur-es ethem4se authefized Unde
14 this seetion should it be deemed required fer- the publie safiaty; and
15 (7) The efAy per -sons pennWed te reside fer- any pefied in temper-ary r-eeever-y e
16 r-eeenstfuetion housing f6eilifies are individuals whe while in the eounty are aetuaRy
17 gainMly employed en a fulitime basis in eemplefing eleanup and meenstmeti
18 eff-efts fellewing a natural or- mamnade disasten All residents ef tempormy r-eeever-y
19 er- reeonstfuefien housing f6eilifies whe were net peFmanent residents ef the eounty
20 prier- to first eeeupying sueh housing f6eilifies must be required te evaeuate ifl.
21 aeeer-danee v�� leeal evaeuation er-der-s. Residents ef any temper-ar-y r-eeever-y or-
22 r-eeenstfuefien housing faeilifies who were peFmaneat r-esidea4s ef the eounty pr-ier- to
23 fffst eeeupying sueh housing f4eilifies may net remain in temper-ar-y reeever-y or-
24 meens:tfuefien housing feeilities during any peried when a leeal evaeuatien or -der is ifl-
25 effeet.
26
27
28
29 Section 3. Section 130-5 of the Monroe County Code shall be established as follows (deletions
30 are str-ieken Offeugh and additions are underlined):
31
32 Sec. 130-5. Temporary uses.
33
34 (a) Applicability. If not already provided for as a permitted use by the Land Development
35 Code, a temporM use is a permitted use in @ny land use (zoning) district, provided it
36 meets the criteria set forth in this section. This section shall not override or substitute for
37 Lny other section of this Land Development Code that requires another 13me of permit,
38 certification or gpproval.
39
40 TemporM uses, other than public assemblies and temporaty construction staging areas.
41 Approval of a temporga use that is not defined as a public assembl in section 101-1 or
Y
42 categorized as a temporga construction staging area pursuant to section 6-3 shall be
43 granted only if the following criteria are met:
44 (1) Prior to establishment of the temporM use, a special building permit gpprovinp, the
45 temporga use, and any associated temporga structures, shall be issued in accordance
46 with this section and section 6-112;
Page 10 of 12
1 (2) No clearing or filling of environmentally sensitive lands shall occur to accommodate
2 the teMorga use-,
3 (3) The temporga use shall not occur in M required setback or required parking area-,
4 and
5 (4) The temporga use shall be coMatible with existing uses on surrounding properties,
6 as determined by the planning director. If necessM, prior to issuance of a special
7 building permit allowing the temporM use, the planning director mgy require
8 meeting with the gapplicant, the planning director (or his/her designee), building
9 official (or his/her designee), the sheriff (or his/her designee), the fire chief (or his/her
10 designee), and/or a representative of the coppV health department to negotiate
11 mutually satisfactory conditions under which the temporga use mgy be approved to
12 avoid substantial harm to the public health or safe1y and to minimize or to avoid
13 substantial harm to, or iWairment of the normal use of, a Dublic place or to avoid
14 substantial harm to the environment. Depending on the nature and anticipated
15 duration of the temporga use, as a condition of qpproval to the special building
16 permit, the planning director and building official reserve the right to:
17 a. Require fencing, landscaping and/or other screening to limit potential visual and
18 noise imi)acts of the terniporga use on adjacent propelly owners,, and
19 b. Require full compliance with the surface water management provisions provided
20 in chapter 114, article I and the bufferyard provisions provided in chgpter 114,
21 article V.
22
23 (c) Public assemblies. A public assembly is a Ine of temporM use that is attended by
24 members of the general public, with or without an admission charge, when the duration
25 of the event is less than seven consecutive dgys and/or the anticipated daily attendance is
26 expected to exceed 250 persons. Approval of a public assembly shall be granted in
27 accordance with the movisions set forth in chgpter 17, article IL Public AsseMbly
28 Permits.
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Section 4. Severability.
If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be
adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect,
impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be
confined to the section, paragraph, subdivision, clause, sentence, or provision immediately
involved in the controversy in which such judgment or decree shall be rendered.
Section 5. Conflicting Provisions.
All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the
extent of said conflict.
Page I I of 12
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Section 6. Transmittal.
This ordinance shall be transmitted to the Florida State Land Planning Agency as required by F.S.
380.05 (11) and F.S. 380.0552(9).
Section 7. Filing.
This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not
become effective pursuant to Section 9 until a final order is issued according to F.S. 380.05(6) by
the Florida State Land Planning Agency or Administration Commission approving the ordinance,
and if the final order is challenged, until the challenge to the order is resolved pursuant to F.S.
Chapter 120.
Section 8. Inclusion in the Monroe County Code.
The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances
of the County of Monroe, Florida, as an addition to amendment thereto, and shall be
appropriately renumbered to conform to the uniform marking system of the Code.
Section 9. Effective Date.
This ordinance shall become effective as provided by law and stated above. This ordinance
applies to any applicable application submitted after the effective date.
PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS of
Monroe County, Florida, at a regular meeting held on the 2 l't of January, 2015.
Mayor Danny L. Kolhage
Mayor pro tem Heather Carruthers
Commissioner Sylvia Murphy
Commissioner George Neugent
Commissioner David Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
mm
Mayor Danny L. Kolhage
(SEAL)
ATTEST: AMY HEAVILIN, CLERK
Deputy Clerk
Page 12 of 12
M011ROE COUNTY ATTORNEY
D ATt LFORM:
8 T FV—E—N—T— —w-1 C—L 1. —N,; —,
ASSISTA7TC�U TYATTORNE
Date If .21 CV
2
3
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6
7
8
9
10
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13
14
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17
18
19
MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL REsOURCEs DEPARTMENT
To: Monroe County Planning Commission
Through: Christine Hurley, Director of Growth Management
Townsley Schwab, Senior Director of Planning & Environmental Resources
From: Joseph Haberman, AICP, Planning & Development Review Manager
Date: November 21, 2014
Subject: AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING MONROE COUNTY CODE SECTION 101-1,
DEFINITIONS, AMENDING MONROE COUNTY CODE SECTION 130-4,
TEMPORARY EMERGENCY HOUSING; ESTABLISHING MONROE COUNTY
CODE SECTION 130-5, TEMPORARY USES,- ESTABLISH17VG REGULATIONS
CONCERNING TEMPORARY HOUSING ASSOCIATED WITH CAPITAL
IMPROVEMENT PROJECTS, ESTABLISH17VG REGULATIONS CONCERNING
TEMPORARY USES IN THE LAND DEVELOPMENT CODE, PROVIDING FOR
SEVERABILITY,- PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS,'
PROVIDING FOR TRANSMITTAL To THE STATE LAND PLANNING AGENCY
AND THE SECRETARY OF STATE; PROVIDING FOR CODIFICATION,'
PROVIDING FOR AN EFFECTIVE DATE..
Meeting: December 10, 2014
I REQUEST
The Planning & Environmental Resources Department is proposing amendments to the text
of §101-1, §130-04 and §130-05 of the Monroe County Code (MCC). The purposes of the
proposed amendment are a) to establish regulations concerning temporary housing associated
with federal, state and local public works projects; b) to clarify what types of temporary uses
can be approved, as well as the criteria thereto; and c) to reference the approval process for
public assemblies in the Land Development Code.
Il RELEVANT PRIOR COUNTY ACTIONS:
During a meeting held on July 30, 2013, the Monroe County Development Review
Committee reviewed the ordinance and recommended approval to the BOCC.
During public hearings held on September 25, 2013 and September 24, 2014, the Monroe
County Planning Commission reviewed the ordinance and recommended approval to the
BOCC.
Page I of 13 (File #2013-087)
I On April 23, 2014, the BOCC reviewed and discussed the issues of temporary housing and
2 uses during the public meetings concerning the comprehensive plan update. The BOCC
3 directed staff to make some changes to the existing provisions related to temporary housing.
4
5 111 REVIEW
6
7 Temporary uses are defined within MCC § 10 1 - 1; however despite being defined, there is no
8 approval process provided in the MCC (part I or part II):
9
10 See. 101-1. Definitions.
11
12
13
14 Temporary uses include those uses that are required for a period certain in the
15 construction phase of development, are uniquely seasonal in nature, including other
16 activities of a similar nature such as Christmas tree sales, temporary emergency shelters,
17 concerts, carnivals and tent meetings.
18
19 Temporary structures may be permitted in accordance with MCC §6-112, which is located in
20 part I of the MCC (Chapter 6 pertains to Buildings and Construction). The approval of
21 temporary uses is referenced in MCC §6-112, but it does not provide a specific process or
22 review criterion. It has been interpreted that a temporary use may be permitted with a
23 temporary structure; however this interpretation does not capture all scenarios in that some
24 temporary uses do not require temporary structures.
25
26 Sec. 6-112. Temporary structures.
27
28 The building official may issue a special building permit for a limited time of not more
29 than six months for the erection of temporary structures such as construction sheds,
30 trailers, seats, canopies, tents, and fences used in construction work or for temporary uses
31 and events. Any such permit for temporary nonconstruction uses shall require prior
32 approval of the planning director to ensure compliance with part II of this Code. Any
33 structures shall be completely removed upon expiration of the time stated in the permit.
34
35 Staff is proposing to create such a clearly defined approval process for temporary uses, as
36 well as criteria for such temporary uses.
37
38 Staff is also proposing consistent amendments to MCC §6-112; however as this section is not
39 located in the Land Development Code (part Il of the MCC), its approval process is different
40 and the ordinance is only formally reviewed by the BOCC. As of the date of this report, the
41 following amendments are proposed:
42
43 The building official may issue a special building permit for a limited time of not more
44 than six months for the erection of temporary structures, including but not limited to sueh
45 as eens4uet sheds, trailers, seats, canopies, tents, and fences used in construction work
46 or for temporary uses and events. Any such permit for temporary neneens:kue uses
Page 2 of 13 (File #2013-087)
I shall appr-eval ef the planpAng direeter te eastwe eemplianee wm part 11 ef
2 tlqiq CAL be in comDliance with this section and the provisions of the Land Development
3 Code, specifically section 130-5. Any structures shall be completely removed upon
4 expiration of the time stated in the perm mum amount of time
5 necessgn to accommodate the temporga use. In the event a temporM structure is
6 required for more than six months for a construction -related project, the applicant shall
7 qpply for a new special building permit prior to the expiration of the original building
8 permit.
9
10 Staff is also proposing to create an approval process for temporary housing associated with
11 temporary uses related to capital improvement projects. As defined in MCC §101-1, capital
12 improvements means the planning of, engineering for, acquisition of land or equipment, and
13 the construction of improvements, including, but not limited to, road, park, solid waste,
14 library, public buildings and emergency services, and police facilities, but does not include
15 routine maintenance. Such temporary housing could be approved by the BOCC, similar to
16 that already allowed for airport projects.
17
18 In addition, staff is proposing a reference to the existing provisions related to public
19 assembly permits. The planning director has the responsibility of issuing public assembly
20 permits. However, the provisions are currently located in Chapter 17, a chapter for
21 49miscellaneous" provisions that is located outside of the Land Development Code.
22
23 Therefore, staff recommends the following changes (Deletions are s#ieken Off and
24 additions are underlined. Text to remain the same is in black):
25
26 See. 101-1. Definitions.
27
28 The following words, terms and phrases, when used in this ehapter- Land Development Code
29 shall have the meanings ascribed to them in this section, except where the context clearly
30 indicates a different meaning:
31
32
33
34 Capital improvements means the planning of, engineering for, acquisition of land or
35 equipment for, and the construction of improvements, including, but not limited to, road,
36 park, solid waste, water, wastewater treatment facilities and systems, library, public
37 buildings and emergency services, and police facilities, but does not include routine
38 maintenance.
39
40
41
42 Public assemb.1y means a We of tenlDorga use that is attended by members of the
43 general vublic, with or without an admission charge, when the duration of the event is
44 less than seven consecutive dgys and/or the anticipated daily attendance is expected to
45 exceed 250 -persons.
46
Page 3 of 13 (File #2013-087)
2
3 Recreational vehicle means a vehiele er- pertable stmetwe built on a ehassis and designed
4 as a dwelling for- tfavel, r-eereafiea er- vaeatien the same as that term is defined in F.S. §
5 320.01 for tenaneies ef less dmn six mefl.tffis; u4nieh has a transportable bedy v4dth net
6 eyweeding eight feet and a length net exeeeding 35 feet; and whieh does net qualif� as
7 mebile heme; and!. The following Lapplies to recreational vehicles in the collpty:
8
9 (1) Excluding temporary housing as set forth in section 130-4, the tenancy of an occLapied
10 recreational vehicle ul3on a lawful recreational vehicle space shall be less than six
I I months, and
12 Q The travel trailer- er- park tr recreational vehicle has been placed on a lawful
13 recreational vehicle space within a recreational vehicle park, tF�el trailer- park,
14 campground, or otherwise gpproved area, or within a storage yar-d area;
15 (2) Q The tfavel tfailer- er- park tFa recreational vehicle has current licenses required
16 for highway travel; and
17 (3) (D The tFavel trailer er- park trailer- recreational vehicle is highway ready. This means
18 that the recreational vehicle, including gny travel trailer or park trailer., is on its
19 wheels or internal jacking system and attached to this site only by the quick
20 disconnect -type utilities commonly used in recreational vehicle parks and
21 campgrounds and trailer p or by security devices. No permanent additions such as
22 state rooms shall be permitted.
23
24
25
26 Temporary uses inelude these means uses that are required for a defined period of time
27 during eertain in the construction phase of permitted development (including, but no
28 limited to, equipment storage, material storage, construction/safety fencing and office
29 trailers), c!qpital improvements, and uses that are uniquely seasonal in nature-i kincluding
30 but not limited to, other- aetivities ef a similar- natwe sueh as Christmas 4ees pqblic
31 assemblies, holidU-related outdoor events such as Christmas tree and pumpkin sales,
32 temporary emergency shelters, concerts, carnivals, art shows, seminars and other
33 educational events, and tent meetings).
34
35
36
37 Sec. 130-4. Temporary emer-geney housing.
38
39 (a) Definitions. The following words, terms and phrases, when used in this section, shall have
40 the meanings ascribed to them in this subsection, except where the context clearly
41 indicates a different meaning:
42
43 Recreational vehicles (RV) means the same as that term is defined in F.S. § 320.01.
44
45 Temporary emergency housing means recreational vehicles (or similar approved
46 sheltering units) used for temporary occupancy in response to natural or manmade
Page 4 of 13 (File #2013-087)
1 disasters, including, but not limited to, hurricanes and tropical storms, where such
2 r-eer-eafienal vehieles RVs (or simil other qpproved sheltering units) are provided to
3 residents or relief workers as part of emergency relief efforts.
4
5 Temporary non-emerjv_ency housiniz means RVs (or other gpproved sheltering units) used
6 for temporM occupancy by employees in order to provide project site secIWV for a
7 long-term caT)ital improvement project or to avoid delqy in completing ongoing, or future
8 kMort safely and cqpacitV iWrovements.
9
10 (b) Purpose. It is the purpose of this section to provide regulations that allow for the
I I relaxation of the use prohibitions in artiele M ef chawer 130, Land Use Districts, and
12 chai)ter 138, Rate of Growth Restrictions (ROGONROGO), to:
13 (1) Provide regulatoa authorily to allow Allew temporary emergency housing, not
14 subject to the ROGO permit allocation system, for temporm occupancy by residents
15 displaced by dwing the r- 9_4 fFOM d; natural or manmade disaster dama e-j
16 ineluding, but net limited to, huffieanes and tfepieal steEms or by relief workers
17 involved in reconstruction activities following a natural or manmade disaster;
18 (2) Provide regulatoly authority to allow temporga non -emergency housing, not subjec
19 to the ROGO permit allocation system, for temporga occMancy by workers
20 undertaking a long-term capital improvement project to provide site securiV for the
21 cNital iLnprovement project site or to avoid Aveid delay in completing - . -
22 fitture airport safety and capacity improvements on colinty-owned dMort properties.1
23 and
24 (3)Previde regulatory authefity for- plaeement ef emer-geney temper-ar-y housing for-
25 wer-kers r-espending te meever-y and meenstr-uefien eff-efts felleyAng- naW F11 e-
26 mamnade disasters Whieh are lawfully deelar-ed emer-geneies by &qy federal, Affiltek. ff
27 leeal geyeFwnef" efaer-geney deelar-afien autheFity.
28
29 (c) Placement of single R Vs (er similar sheltering unU4 for temporary emergency housing
30 on single family lots parcels. Notwithstanding the provisions of diis-chapter 130, Land
31 Use Districts, and chgpter 138, Rate of Growth Restrictions (ROGO/NROGO),
32 recreational vehieles temDorary emergency housing (er- sifflilEff sh-elter-ing may be
33 placed on a single-family lot parcel for temporary occupancy by tenants residents of the
34 same parcel who have been displaced by natural or mamnade disaster damage., te the
35 lawfully established dwelling unit en the lot subject to the following conditions:
36 (1) The dwelling unit on the subject parcel is lawfully established and has incurred
37 sufficient damage from the disaster to make the dwelling unit uninhabitable as
38 determined by verifiable photographic evidence provided by the applicant to the
39 buildiniz department and/or an inspection by an official from a federal or state
40 governmental. relief agency, the county building department or the county code
41 enfereement compliance department;
42 (2) A building permit is must be issued within 90 dqys of placement of the temlooM
43 emergency housing for repair of damages caused by the casualty event to make the
44 residential dwellinp, unit straetur-e habitable ne fewer- than 90 days ftem plaeefflefit e
45 Amilar- shelter-ing unit) en the prepefty;
Page 5 of 13 (File #2013-087)
1 (3) A separate, no -fee building permit must be issued for the placement Plaeement of the
2 RV (er- similar- sheltefing unit) shall require a no fee building pe teMporM
3 emergency housing, linked to the building permit issued for easualty damage repair.
4 The building pe nily4hat shall require, prior- to its issuanee, approval by the building
5 official of it's the unit's siting location on the lot parcel and a department of health
6 permit authorizing the connection of the RV (er- similar- sheltering unit) -to an on -site
7 wastewater treatment and disposal system or to an existing community wastewater
8 treatment system;
9 (4) Only one temporga emergency housing unit shall be placed Per single family parcel,
10 and The size ef the RV (er similar- sheltering unit) to be plaeed en the lot shall be
11 limited to eigl:A feet ia:Mdth and 32 fiaet in length, if laeking self prepulsien, and
12 eight feet in -Mdth and 42 feet in length, if self pr-epelled;
13 (5) The temporga emergency housing RV (er- similar- sheltering unityshall gjay remain
14 on the property for a period not to exceed 180 days from the date of building permit
15 issuance or until the final inspection or certificate of occupancy is issued on the
16 repairs made to the residential dwelling unit, whichever comes first. later-, but in ne
17 ease mere than 180 days ftem the date of peffnit issuanee v4theut a vffittea eAensie
18 ftem the eeunty building effiei94 er- his r-epr-esenteAive net te emeeed an addifienal 1
19 days based upen the building effleial er- his r-epr-esei4a4ive's deteFmin A single
20 extension of Lip to an additional 180 d4ys mgy be granted by the building official if he
21 determines that good cause has been shown for the need for an extension and that the
22 temporga emergency housing R2V (er similar- sheltering unit) is adequately tied down
23 and secured so as not to present an undue hazard to persons or property in a high-
24 wind or flood event. Expiration of the building permit for damage repairs shall
25 require immediate removal of the temporM emergency housing unit from the site.
26 However, nothing in this section shall prevent the county or any state or federal
27 authority to terminate without notice the authority to keep any terniporm emergency
28 housing RVs (er similar- shelteFing units) otherwise authorized under this section
29 should it be deemed required for the public safety.
30
31 (d) Placement of RV-s (er simdai- sheltering unim) for temporary emergency housing on
32 nonresidential properties. Notwithstanding the provisions of dis-chapter 13 0, Land Use
33 Districts, and chgpter 138, Rate of Growth Restrictions (ROGO/NROQO), tempor
34 emergency housing ene er- mere RVs (or- similar- sheltering urAts) may be temper-arily
35 placed on a nonresidential or mixed -use propegy or by pefmit en pr-opeAk- i :
36 nenfesidential land use distriets and -on publicly -owned lands, excluding lands designated
37 for conservation and resource protection for temporM occupangy by—
, te4Hmw county
38 residents displaced by natural or manmade disaster damage, subject to the followin
39 conditions:
40
41 (1) A no -fee building permit must be issued for the placement of the temporary
42 emergency housing unit(s). The building permit shall require qpproval by the building
43 official and the planning director of a site plan indicating the location of the
44 temporM emergency housing unit(s) on the parcel, and a department of health permit
45 authorizing the connection of the unit(s) to an on -site wastewater treatment and
46 disposal system(s) or to an existing community wastewater treatment system, an
Page 6 of 13 (File #2013-087)
2
3
4
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7
8
9
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12
13
14
15
16
17
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19
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21
22
23
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44
er- easuaky evei# and/or- disaster- meever-y wer-ker-s. The size ef the RVs (er- sifflil
sheltering urAts) te be temperar-ily plaeed shall be in aeeer-danee with subsee
(e)(4) of this seefien. Pennitting appreval of the temper-ar-y plaeeffieffit. of RVS (OF
similar- sheltering units) shall require submitted ef a ne fee P, ifien te the
building department te be appr-eved by the building effie-iffill, imipedbu;&fig a site plan
pursuant to requirements established by the building effleial. Upon final i pecAien by
the building effleial ef the temper-ar-y eenstmetion granted by the pennit-,
auther-izatien fer- the eeeupaney ef the pr-eper-ty fer- temper-ar-y emergeney h
shall net emeeed 180 days fiem the date ef the final inspeefien wMeut a vffi
e-mtensien frem the eeunty building effiraial er- his representative net te eNeeed
.4:+:---f i-On'-.4 U upen the building Reial eF �As represenwive's
W� �"j . .—ed
detefffliRatiEffi
(2) The temporM emergency housing unit(s) mU remain on the propegy for a period
not to exceed 180 dgys from the date of building permit issuance. A single extension
of up to an additional 180 dqys m4y be granted by the building official if he
determines that good cause has been shown for the need for the extension and that the
temporM emergency housing RV (er- similar- sheltering unit) is adequately tied down
and secured so as not to present an undue hazard to persons or property in a high -
wind or flood event. However, nothing in this section shall prevent the county or any
state or federal authority to terminate without notice the authority to keep any
teWorM emergency housing RVs (er- similar- sheltering units) otherwise authorized
under this section should it be deemed required for the public safety.
(e) Placement of temporary emergency housing for emergency relief workers.
Notwithstanding the provisions of chapter 130, Land Use Districts, and chgpter 138, Rate
of Growth Restrictions (ROGO/NROGO), teMorga emergency housing mu be
provided for temporga occoancy by emergency relief workers involved in
reconstruction activities, subject to the following conditions:
(1) An emergency directive or resolution of the BOCC must be issued authorizing the
placement and duration of the tempopa emergency housing for relief workers-,
(2) Placement of temporM emergency housing for relief workers must not imede or
interfere with other emergency and recoveKy operations or public safe1y;
(3) Temporga recoveKy or reconstruction housing facilities shall ensure that temporga
electrical and sewage lines do not constitute an attractive nuisance to children or
homeless mrsons in the area (i.e., sufficient temporM fencing mqy be required by
the building official);
(4) A no -fee building permit must be issued for the placement of the temporm
emergency housing unit(s). The building permit shall require qpproval by the building
official and the planning director of a site plan indicating the location of the
telnporga emergency housing unit(s) on the parcel, consistent with the BOCC
resolution, and a department of health permit authorizing the connection of the unit(s)
to an on -site wastewater treatment and disposal system(s) or to an existing
communily wastewater treatment system;
Page 7 of 13 (File #2013-087)
1 (5) Any required demolition or building permits for the related reconstruction activities
2 must be issued within 90 d4ys from the placement of the teMorga emergem
3 housing for relief workers;
4 (6) The temporga emergency housing unit(s) mU remain on the site for a period not to
5 exceed the duration specified by the BOCC resolution, and mgy only be extended at
6 the discretion of the BOCC by an additional resolution; However, nothing in this
7 section shall prevent the co]IM or gny state or federal authority to terminate without
8 notice the authoKLty to keep any temporga emergency housing unit otherwise
9 authorized under this section should it be deemed required for the public safeiy-,
10 (7) The only persons permitted to reside for gny period in teMporga emergency housing
11 for relief workers are individuals who are gainfully eMloyed on a fulltime basis in
12 completing cleanup and reconstruction efforts following a natural or manmade
13 disaster. All residents of temporga emergency housing for relief workers who were
14 not permanent residents of the cogiLty prior to first occW3�mg such housing facilities
15 will be required to evacuate in accordance with local evacuation orders. Residents of
16 gny temporM emergency housing for relief workers who were permanent residents
17 of the county prior to first occupykg such housing facilities mqy not remain in
18 temporM emergency housing for relief workers during gny period when a local
19 evacuation order is in effect.
20
21 fD Placement of temporaa non-emerizency housing sinee RV-s and ether tempera?�.
22 divelling struetures Oogether W pert eonstiuefion housing faeilideo for
23 tentperary emer-geney eem, amer heusft contractors on county -owned airport
24 properties. Notwithstanding the provisions of this -chapter 130, Land Use Districts,
25 chqpter 138, Rate of Growth Restrictions (ROGO/NROGO), terniporga non-emergeILCY
26 housin r-eereatieae4 vehieles, tx-ailer-s and other- temper-ar-y dwelling stmetur-es may be
27 placed on county -owned airport properties for temporary occupancy by contractors
28 completing airport safety and capacity improvements subject to the following conditions:
29 (1) A no -fee building permit must be issued for placement of the temporqu non-
30 emergency housing unit(s), and linked to existing aiKport construction permits. The
31 building permit shall require gpproval by the building official and the planning
32 director of a site Wan indicatinp, the location of the temporga non -emergency housing
33 unit(s) on the parcel, and a department of health permit authorizing the connection of
34 the unit(s) to an on -site wastewater treatment and disposal system(s) or to an existing
35 communily wastewater treatment system. All units shall be adeguately tied down-,
36 Placement of temporary non -emergency housing for airport construction purposes
37 heusing f6eilities must not impede or interfere with aviation operations or safety and
38 must conform to any applicable FAA regulations;
39 (2) No elear-ing er- filling of eavirewnenta4ly sensitive lands may eeeuf as a result e
40 pr-eviding t - ' ' . pert eenstruetien heusing faeflities;
41 (3) All temper-ar-y aifpeFt eenstnaetien heusing f4eilifies shed! be adequa4ely tied devm,
42 pr-evide fer pr-eper- solid waste dispesal, and r-equir-e a ne fee building pefmit linked to
43 existing air -pert eensti:uefien permits, that shall reEFair-e, pr-ier- te their- issuanee,-
44 approval by the eewity building effieial ef their siting leeations and depaAffien
45 health pefmits er auther-ization for the eenneetien of the te . , PeTt
Page 8 of 13 (File #2013-087)
I eenstruetien heusing fheilifies te an en site wastewater- tFeatment and disposal sys
2 er- te an eixisfiag eeffwaunity wastewater- tFeatment systeffiL,
3 (4) Temper-afy-- - . . . stmetien heusing f4eilifies shall eastffe that temper-ar-y
4 eleetrieal and sew -age lines de net eenstitute an attr-aefive nuisanee te ehildr-en er
5 homeless per -seas in the area (i.e., suffleient temper-ar-y feneing may be required by
6 the building effleial);
7 (5) Temporary non -emergency housing airport construction purposes heusing
8 f4eilifies shall remain on the property for a period not to exceed 30 days from the date
9 of completion of the related airport construction work, unless extended by resolution
10 of the bear-d of eeunty eemmissiener-s BOCC. However, nothing in this section shall
11 prevent the colMly or M state or federal authorily to terminate without notice the
12 authority to keep any temporga non -emergency housing unit otherwise authorized
13 under this section should it be deemed required for the public safe ; and
14 fA) (6) The only persons permitted to reside for any period in temporary non -emergency
15 housing units for airport construction ppooses heusing faei are individuals who
16 while in the county are actually gainfully employed on a fulltime basis in completing
17 airport safety and capacity improvements at a county airport. All residents or
18 occupants of temporary airport construction housing facilities must be required to
19 timely evacuate in accordance with local evacuation orders.
20
21 W Placement of temporaCy non-emeMency housing to provide site securiv for cqpLtal
22 improvement proiects. Notwithstanding the provisions of chgpter 130, Land Use
23 Districts, and chai)ter 138, Rate of Growth Restrictions (ROGO/NROGO), temporga
24 non -emergency housing for teMporM occupancy by workers undertaking a long-term
25 cNital. improvement project m4y be Rrovided in order to provide site securily for the
26 project site, subject to the following conditions:
27 (1) A resolution of the BOCC must be issued authorizing the placement of a temporm
28 non -emergency housing unit for site secIp
�y. The resolution shall specify the location
29 (placement of the unit at the project site) and the duration of the temporm housing
30 unit, not to exceed 180 dqys. No more than one temporM non -emergency housing
31 unit shall be gpproved per project site-,
32 (2) Placement of a temporga non -emergency housing unit for site securily must not
33 impede or interfere with public safety-,
34 (3) The pMose of the teMporpa non -emergency housing unit shall be to provide
35 securily for the project site-,
36 (4) A no -fee building permit must be issued for the placement of the temporga non-
37 emergency housing unit for site securily, linked to the building permits for the related
38 construction activities (if !qpplicable). The building permit shall require gpproval by
39 the building official and the planning director of a site plan indicating the location of
40 the temporM emergency housing unit on the parcel, consistent with the BOCC
41 resolution, and a department of health permit authorizing the connection of the unit to
42 an on -site wastewater treatment and disposal system or to an existing communily
43 wastewater treatment sy tem*,
44 (5) The temporga non -emergency housing unit for site securily mqy remain on the site
45 for a period not to exceed the duration specified by the BOCC resolution, and gjay
46 only be extended at the discretion of the BOCC by an additional resolution, however,
Page 9 of 13 (File #2013-087)
1 nothiniz in this section shall prevent the copLit
or @n
y state or federal authority to
2 terminate without notice the authorily to keep @ny temporga non -emergency housing
3 unit otherwise authorized under this section should it be deemed required for the
4 public safe1y.
5 (6) The only persons permitted to reside for M period in temporM non -emergency
6 housing for site securfty for a cgpital jWrovement project are individuals who are
7 gainfully employed in co!npleting the cqpital iWrovement project. All residents of
8 temporM non -emergency housing for site securily who were not permanent residents
9 of the colLnM prior to first occupying such housing facilities will be required to
10 evacuate in accordance with local evacuation orders. Residents of ppy temporm non-
11 emergency housing who were permanent residents of the collpty prior to first
12 occupying such housing facilities mgy not remain in temporM non-emergengy
13 housing for site security during any period when a local evacuation order is in effect.
14
15 (h) No clearing or filling of enviromnentally sensitive lands mLay occur as a result of
16 providing any lype of temporga housing unit(s)-
17
18 (i) For all permitted temporM housing, gpon expiration of relevant qpprovals and
19 timeframes expressly set forth in the relevant authorization, the emporga housing shall
20 be removed.
21
22 (f) Pkeement ef singk RV-s-, trailers and ether struetures (tegether
23 4emperary reeevery er reeenstruetien heusing ;iftedi�P-09 for tempepai-y emer-geney
24 werker hewing-. NetMthstaading the previsi.-Ins ef thir, A ier-eatienal vehieles
25 trailers and ether- temperffy dwelling stfuetwes may be phwA ate
26 pr-eper-ty vAthin the eoufAy fer temper-ary eeeupaney by workers eeeupied in response te
27 eleanup and neenstmetien eff-erts fellev�ing a natwal er- manmade disaster- subjeet to thee
28 fellev4ng eeadifiens-;
29 (1) An emer-geney dir-eetive er- r-eselutien ef the beard ef eeunty eemmi- -sued
30 authorizing the plaeement ef the temper-ar-y r-eeever-y er- reeenstruefien heusing
31 fmilifies;
32 (2) PlaeefnefA ef temper-aFy r-eeever-y or- meenstruefien heusing faeflifies must net impede
33 er- interfere v4� ether- emer-geney and r-eeever-y eper-atiens er publie safet)-,
34 (3) Temper-ar-y meeverty er- reeenstmefien housing fmilities shall be adequately tied deym
35 and pr-evide fer- pr-eper- selid waste dispesal, and where used to heuse wer-ker-s
36 invelved in meenstmetien aetivities, shall require a ne fee building pefmit linked
37 the required demolition er- building peffaits for- the related r-eeenstruetien aetivities-.
38 Wher-e the temper-ar-y r-eeever-y er- r-eeenstmetien heusing f6eilities are used te heuse
39 wer-ker-s kwelved in r-eeenstmetion aefivities . ed demolition er- building
� ed v4thia 90 days from
40 pemits for the related meeastmetkm —Apetfivitfilss immust. be
41 the plaeement of the temper-ar-y neever-y er- neenstmetien heusing f4eilifies en
42 appr-eved site. Prier- to the issuanee ef no fee building pefmits fer- any temper-ar-y
43 reeever-y or- r-eeenstfuetien heusing faeilities, the eeunty building effleial shall
44 approve ef the siting ef the f4eilities and the depaFtment of health shall pennit er-
45 ethefMse autherize the eemeefien ef the temper-afy r-eeever-y or -
Page 10 of 13 (File #2013-087)
1 heusing
f4eilifies te an on site wastewater-
tFeatment and
dispesal system er- to an
2 existing
eenununity wastewater- tr-eatmei:A
systeml,-
Ne
filling
lands
as a result e
3 (4) elearing
or- ef envir-enmentally
sensitive
may eeeuf
4 providing
temper-ary r-eeever-y er- r-eeenstraetien
heusing faeilfties;
5 (5) Temper-ary
r-eeever-y er- r-eeenstraefien housing
f4eilities
shall ensuEe that temper-ar-y
6 eleetfieal
and sewage lines do net eenstitute
an at#aefive
nuisanee te ehildr-en eT-
7 hemeless
per -sons in the area (i.e., suffieient
temper-ar-y
feneing may be required by
8 the building effleial);
9 (6) Temporary neevery or r-eeenstraefien heusing faeflifies shall remain in plaee enAy fer-
10 the peried eNpr-essly set fekh in the nlevafA auth i i - geney dir-eefive er- board
11 r-eselutien. However-, with r-espeet te any paFtieular- site, the building effleial may
12 extend the allowed plaeemet# efte or- mer-e times far- a ewnWafi*e period not t-
13 emeeed 180 days, and vvM r-espeet te ene er- mer-e, er- all penniaed sites, the bear-d of
14 eeurAy eenurAssieaer-s may by r-eselutien ex4end the period ef pemitted plaeemefA as
15 deemed neeessar-y er- empediefA te the publie geed. Hewever-, ned3ing in diis seeti
16 shall prevent the eeunty er- any state or- federal autheFity te tenninate v4theut n
17 the auther-ity to keep any temper-ary housing struetwes ethei-v4se autherized unde
18 this seetien sheuld it be deemed required fer- the publie sa&ty; and
19 (7) The efAy per-sens pennitted te reside fer- any peried in temper-ar-y r-eeever-y er-
20 r-eeenstmetien housing f6eilifies are individuals whe while in the eeunty are aetual4y
21 gainfully empleyed on a fulftime basis in eemplefing elearup and r-eeenstmeti
22 effefts felleA4ng a natural or- manmade disaster, A41 residents ef temper-ary r-eeevery
23 or- r-eeenstmetien housing f6eilities whe were net pefmaneat residents ef the eeunty
24 pr-ier- te first eeeupying sueh heusing fheilifies must be required te evaeuate in-
25 aeeer-damee NN4th leeal evaetiatien er-der-s. Residents ef any temper-ar-y r-eeever-y er-
26 r-eeenstmetien housing faeflities whe were pefmanent r-esi ents ef the eeUnvy pr-ier-
27 first eeeupying sueh heusing faeilities may not remain in temper-ar-y r-eeever-y er-
28 r-eeetistmetien hettsing faeflifies d ried when a lleeffil evaeuafien er-der- is in
29 effeet.
30
31
32
33 Sec. 130-5. Temporary uses.
34
35 (a) Applicability. If not already provided for as a permitted use by the Land Development
36 Code, a telnporM use is a permitted use in qny land use (zoning) district, provided it
37 meets the criteria set forth in this section. This section shall not override or substitute for
38 any other section of this Land Development Code that requires another We of permit,
39 certification or approval.
40
41 (b) Temporary uses, other than public assemblies and temporag construction stagging areas.
42 Approval of a temporga use that is not defined as a public assembI in section 10 1 - 1 or
y
43 categorized as a temporyn construction stagging area pursuant to section 6-3 shall be
44 granted only if the following criteria are met:
Page 11 of 13 (File #2013-087)
1 (1) Prior to establishment of the teMorga use, a special building permit approving the
2 temporM use, and any associated temporM structures, shall be issued in accordance
3 with this section and section 6-112-,
4 (2) No clearing or filling of environmentally sensitive lands shall occur to accommodate
5 the temporM use-,
6 (3) The temporga use shall not occur in any required setback or required parking area-,
7 and
8 (4) The temporga use shall be compatible with existing uses on surrounding properties,
9 as determined by the planning director. If necessga, prior to issuance of a special
10 building permit allowing the temporga use, the planning director mu require
I I meeting with the gpplicant, the planning director (or his/her designee), building
12 official (or his/her designee), the sheriff (or his/her designee), the fire chief (or his/her
13 designee), and/or a representative of the coLu�i health department to negotiate
14 mutually satisfactoly conditions under which the temporga use m4y be approved to
15 avoid substantial harm to the public health or safe1y and to minimize or to avoid
16 substantial harm to, or immirment of the normal use of, a Dublic place or to avoid
17 substantial harm to the environment. Dmending on the nature and anticipated
18 duration of the temporga use, as a condition of gpproval to the special building
19 permit, the planning director and building official reserve the right to:
20 a. Require fencing, landscaping and/or other screening to limit potential visual and
21 noise impacts of the temporM use on adjacent propeM owners; and
22 b. Require full compliance with the surface water management provisions provided
23 in chgpter 114, article I and the buffeaard provisions provided in ch4pter 114,
24 article V.
25
26 (c) Public assemblies. A public assembly is a Ine of temporga use that is attended by
27 members of the general public, with or without an admission charge, when the duration
28 of the event is less than seven consecutive dgys and/or the anticipated daily attendance is
29 enected to exceed 250 persons. Approval of a public assembly shall be granted in
30 accordance with the provisions set forth in chgpter 17, article IL Public Assembly
31 Permits.
32
33
34
35 IV RECOMMENDATION
36
37 Staff has found that the proposed text amendment would be consistent with the Principles for
38 Guiding Development in the Florida Keys Area of Critical State Concern, the Monroe
39 County Comprehensive Plan and the Monroe County Code.
40
41 Staff has found that the proposed text amendment would be consistent with the provisions of
42 §102-158(d)(5)(b): 1. Changed projections (e.g., regarding public service needs) from those
43 on which the text or boundary was based; 2. Changed assumptions (e.g., regarding
44 demographic trends); 3. Data errors, including errors in mapping, vegetative types and
45 natural features described in volume I of the plan; 4. New issues; 5. Recognition of a need for
46 additional detail or comprehensiveness; or 6. Data updates. Specifically, staff has found that
Page 12 of 13 (File #2013-087)
I the proposed text amendments are necessary due to a recognition of a need for additional
2 detail or comprehensiveness.
4 Staff recommends that the BOCC amend the Monroe County Code as stated in the text of
5 this staff report.
Page 13 of 13 (File N2013-087)
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 10, 2014 Division: Growth Management
Bulk Item: Yes No X Staff Contact Person/Phone #: Christine Hurley 289-2517
Joseph Haberman 289-2532
AGENDA ITEM WORDING: A public hearing to approve amendments to a Development Agreement between Monroe
County, Florida; Summerland Palms Investors, LLC, Coco Palms Developers, LLC, Suncrest Landing, LLC, Singh
Investors, LLC, and Oceanside Investors. (Quasi-judicial proceeding)
ITEM BACKGROUND:
In 2013, Oceanside Investors applied for the existing development agreement. The agreement was approved by the BOCC
at a public hearing on December 11, 2013, and recorded on December 19, 2013.
The agreement involves four properties:
0 Oceanside Marina, 5950 and 5970 Peninsular Avenue, Stock Island, Mile Marker 5 (Receiver Site)
0 24930 Overseas Highway, Surnmerland Key, Mile Marker 25 (Sender Site)
0 21585 Old State Road 4A, CudJoe Key, Mile Marker 22 (Sender Site)
0 5176 Suncrest Road, Stock Island, Mile Marker 5 (Sender Site)
The existing agreement allows the transfer of ROGO exemptions — known as TREs - from sender sites on Surnmerland
Key (22 market -rate permanent TREs), CudJoe Key (17 market -rate permanent TREs) and Stock Island (7 market -rate
permanent TREs) to a receiver site on Stock Island, in accordance with MCC §130-161.1. On the sender sites, the
residential dwelling units in which the transferred market -rate permanent TREs are derived shall be converted to, or
replaced with, an equivalent amount of deed -restricted affordable housing.
The existing agreement also involves the redevelopment of the receiver site, known as Oceanside Marina, for the addition
of up to 78 new, market -rate residential dwelling units, which may be used as vacation rentals, up to 5 new hotel rooms, a
new restaurant with up to 150 seats, and other improvements related to the existing, partially-condominiumized marina
and accessory development. A boat barn (under condominium ownership), 22 existing, market -rate permanent units
(under condominium ownership), marina wet slips (under condominium ownership) and ancillary/accessory buildings
would be maintained. An existing boat bam/light industrial building would be demolished. Not including accessory
structures related to the residential uses, the nonresidential floor area would not exceed 40,000 square feet. Dockage
owned by the developer would include 8 new slips, for a total of approximately 16 slips, of which at least 20% (3 slips)
shall be reserved for commercial fishing vessels.
The following amendments are proposed to the existing agreement:
• Include an adjacent property to the premises associated with the Oceanside Marina property (Block 46, Lots 30, 31
and 1/2 Lot 32, Block 60, McDonald's Plat, having real estate #'s 00126210.000000, 00126220.000000 and
00126230.000000). The adjacent property is commonly known as the Hickory House property and Oceanside
Investors, LLC has entered into a purchase and sale agreement with Monroe County.
• Include an abandoned portion of Peninsular Avenue right-of-way to the premises associated with the Oceanside
Marina property (a portion lying between Block 46 and Block 60). The abandonment was approved by the BOCC on
June 3 0, 2014, as memorialized in Resolution # 116-2014.
• Amend the acreage of the Oceanside Marina property to reflect the aforementioned adjacent property and abandoned
road.
• Amend the total number of hotel rooms allowed at the Oceanside Marina property from up to 5 hotel rooms to up to
17 hotel rooms.
• Amend the conceptual site plan approved by the existing agreement to a) include the aforementioned adjacent
property, abandoned road and development thereon the added land area; b) to modify the hotel buildings to
accommodate 17 hotel rooms and c) extend the approved 'boardwalk' along the western shoreline of the added
adjacent property and abandoned road.
• Allow the transfer of up to 12 vested transient residential dwelling units from Hawk's Cay on Duck Key (to fulfill
ROGO requirements associated with up to 12 of the proposed 17 hotel rooms).
• Replace Suncrest Landing, LLC, as a party to the agreement with its predecessor in interest, Suncrest Investors, LLC.
• Replace Singh Investors, LLC, as party to the agreement with its predecessor in interest, Suncrest Investors, LLC.
On August 26, 2014, at a public meeting, the amended agreement was reviewed by the DRC. Staff and the DRC
recommended approval. On November 20, 2014, at a public hearing, the amended agreement was reviewed by the
Planning Commission. The Planning Commission recommended approval. The public hearing by the Planning
Commission served as the first of two required public hearings. The public hearing by the BOCC will serve as the second
required public hearing.
PREVIOUS RELEVANT BOCC ACTION:
The existing agreement was approved by the BOCC at a public hearing on December 11, 2013, and recorded on
December 19, 2013 (File #2013-069).
In 2014, Oceanside Investors applied for an abandonment of a segment of Peninsular Avenue located north of the property
(lying between Block 46 and Block 60). The abandonment was approved by the BOCC on June 30, 2014, as
memorialized in Resolution #116-2014 (File #2014-054).
In 2014, Oceanside Investors entered into a purchase and sales agreement with Monroe County to purchase the Hickory
House property located north of the property.
In 2014, Oceanside investors applied for an abandonment of a second segment of Peninsular Avenue located north of the
property (lying between Block 46 and Block 60). The application is currently being reviewed and processed. It will be
decided upon by the BOCC on December 10, 2014.
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: INDIRECT COST:
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY
BUDGETED: Yes —No ,
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes — No AMOUNT PER MONTH Year
APROVED BY: County Atty'y V OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
F,
MONROE COUNTY, FLORIDA
RESOLUTION NO. -2014
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING AN
AMENDMENT TO THE DEVELOPMENT AGREEMENT
BETWEEN AND AMONG MONROE COUNTY;
SUMMERLAND PALMS INVESTORS, LLC; COCO PALMS
DEVELOPERS, LLC; SUNCREST INVESTORS, LLC
(SUCCESSOR IN INTEREST TO SUNCREST LANDING, LLC
AND SINGH INVESTORS, LLC); AND OCEANSIDE
INVESTORS, LLC. THE DEVELOPMENT AGREEMENT
BEING AMENDED WAS APPROVED BY THE BOARD OF
COUNTY COMMISSIONERS AT A PUBLIC HEARING ON
DECEMBER 11, 2013, AND RECORDED IN THE OFFICIAL
RECORDS OF MONROE COUNTY ON DECEMBER 19,2013.
VaMREAS, at a public hearing held on December 10, 2014, the Monroe County Board
of County Commissioners conducted a public hearing to review and consider a request filed by
Attorney Barton W. Smith, on behalf of Summerland Palms Investors, LLC; Coco Palms
Developers, LLC; Suncrest Investors, LLC; and Oceanside Investors, LLC for an amendment to
a Development Agreement (Agreement) in accordance with Monroe County Code § 110- 132,
§110-133 and §130-161.1 and Florida Statutes §163.3220 et. seq., the "Florida Local
Government Development Agreement Act"; and
VVIIEREAS, the existing development agreement was approved by the Board of County
Commissioners at a public hearing on December 11, 2013, and recorded in the official records of
Monroe County on December 19, 2013;
WHEREAS, the existing development agreement allows the transfer of 46 Residential
Rate of Growth Ordinance (ROGO) exemptions — known as Transferable ROGO Exemptions
(TRE's) - from sender sites at 24930 Overseas Highway owned by Summerland Palms Investors,
LLC ("Summerland Site") (22 market -rate permanent TRE's); 21585 Old State Road 4A owned
by Coco Palms Developers, LLC ("Cudjoe Site")(17 market -rate permanent TRE's); and 5176
Suncrest Road owned by Suncrest Landing, LLC ("Stock Island Site") (7 market -rate permanent
TRE's) to a receiver site at 5950 and 5970 Peninsular Avenue owned by Oceanside Investors,
LLC ("Oceanside"), in accordance with §130-161.1 of the Monroe County Code. On the sender
sites, the residential dwelling units from which the transferred market -rate TRE's are derived
shall be converted to, or replaced with, deed -restricted affordable housing; and
Page 1 of 5
WHEREAS, the Agreement involves the redevelopment of the receiver site located on
Peninsular Avenue, Stock Island, Florida. The site has historically been known as Key West
Oceanside Marina (Oceanside); and
WHEREAS, the following amendments are proposed to the existing agreement:
1. Include an adjacent property to the premises associated with the Oceanside Marina
property (Block 46, Lots 30, 31 and V2Lot 32, Block 60, McDonald's Plat, having
real estate #'s 00126210.000000, 00126220.000000 and 00126230.000000). The
adjacent property is commonly known as the Hickory House property and Oceanside
Investors, LLC has entered into a purchase and sale agreement with Monroe County;
2. Include an abandoned portion of Peninsular Avenue right-of-way to the premises
associated with the Oceanside Marina property (a portion lying between Block 46 and
Block 60). The abandonment was approved by the BOCC on June 30, 2014, as
memorialized in Resolution #116-2014;
3. Amend the acreage of the Oceanside Marina property to reflect the aforementioned
adjacent property and abandoned road;
4. Amend the total number of hotel rooms allowed at the Oceanside Marina property
from up to 5 hotel rooms to up to 17 hotel rooms;
5. Amend the conceptual site plan approved by the existing agreement to a) include the
aforementioned adjacent property, abandoned road and development thereon the
added land area; b) to modify the hotel buildings to accommodate 17 hotel rooms and
c) extend the approved 'boardwalk' along the western shoreline of the added adjacent
property and abandoned road;
6. Allow the transfer of up to 12 vested transient residential dwelling units from Hawk's
Cay on Duck Key (to fulfill ROGO requirements associated with up to 12 of the
proposed 17 hotel rooms);
7. Replace Suncrest Landing, LLC, as a party to the agreement with its predecessor in
interest, Suncrest Investors, LLC;
8. Replace Singh Investors, LLC, as party to the agreement with its predecessor in
interest, Suncrest Investors, LLC; and
WHEREAS, Stock Island the receiver site, located at 5948, 5950 and 5970 Peninsular
Avenue, Stock Island, is legally described as Block 46, Lots 30, 31 and V7 Lot 32, Block 60,
portions of Lots 1, 2 and 3, Block 61, portions of Lots 1, 2 and 3, the abandoned portion of
Peninsular Avenue lying between Block 46 and Block 60, the abandoned portion of Maloney
Avenue lying between Blocks 60 and 61, McDonald's Plat, also known as Maloney Subdivision
(Plat Book 1, Page 55), having real estate #00126210.000000, #00126220.000000,
#00126230.000000, #00127420.000000 and #00127420.000100; and
WHEREAS, the Surnmerland Key sender site, located at 24930 Overseas Highway,
Surnmerland Key, is legally described as Lot 55 and a portion of Lot 54, Surnmerland Yacht
Harbor (Plat Book 2, Page 142), having real estate #00194741.000100, #00 194741.000200,
#00194741.000300, #00194741.000400, #00194741.000500, #00194741.000600,
#00 194741.000700, #00194741.000800, #00194741.000900, #00194741.001000,
#00194741.001100, #00194741.001200, #00194741.001300, #00194741.001400,
Page 2 of 5
#00194741.001500, #00 194741.001600, #00194741.001700, #00194741.001800,
#00 194741.001900, #00 194741.002000, #00 194741.002100 and #00 194741.002200; and
WHEREAS, the Cudjoe Key sender site, located at 21585 Old State Road 4A, Cudjoe
Key, is legally described as Lot 30, Sacarma (Plat Book 2, Page 48), having real estate
#00174960.000000; and
WHEREAS, the Stock Island sender site, located at 5176 Suncrest Road, Stock Island, is
legally described as Lots 27 and 28, Sun Krest (Plat Book 1, Page 107), having real estate
#00132680.000000; and
WHEREAS, the development agreement is required as part of an affordable housing
incentive program as set forth in §130-161.1 of the Monroe County Code; and
WHEREAS, the intent of the program outlined in §130-161.1 is to establish an
appropriate incentive for mobile home park owners to maintain mobile home park sites, mobile
home developments in Urban Residential Mobile Home (URM) and Urban Residential Mobile
Home Limited (URM-L) districts, and contiguous parcels under common ownership containing
mobile homes where any of the foregoing is presently serving as a primary source of affordable
housing in Monroe County (any of the foregoing being an "eligible sender site") by providing an
alternative development strategy to straightforward market -rate redevelopment; and
WHEREAS, the program outlined in §130-161.1 allows the transfer of market -rate
ROGO exemptions associated with lawfully established dwelling units now existing at an
eligible sender site to be transferred to another site or sites in exchange for maintaining an equal
or greater number of deed -restricted affordable dwelling units within Monroe County; and
WHEREAS, the Monroe County Planning Commission held a public hearing at its
meeting on November 19, 2014, which was the first of two required public hearings; and
WHEREAS, based upon the information and documentation submitted, the Board of
County Commissioners makes the following Findings of Fact:
The receiver site, commonly known as Oceanside Marina, 5950 and 5970 Peninsular
Avenue, Stock Island, is located within a Mixed Use (W) Land Use (Zoning)
District. Further, it is designated within a Mixed Use / Commercial (MC) category
on the Future Land Use Map (FLUM) and within a Tier III district on the Tier
Overlay District Map;
2. The Summerland sender site, 24930 Overseas Highway, Surnmerland Key, is located
within an Urban Residential Mobile Home (URM) Land Use (Zoning) District.
Further, it is designated within a Residential High (RH) category on the Future Land
Use Map (FLUM) and within a Tier III district on the Tier Overlay District Map;
3. The Cudjoe sender site, 21585 Old State Road 4A, Cudjoe Key, is located partially
within Native Area (NA), Urban Residential Mobile Home (URM) and Suburban
Page 3 of 5
Commercial (SC) Land Use (Zoning) Districts. Further, it is designated partially
within Residential Conservation (RC), Residential High (RH) and Mixed Use /
Commercial (MC) categories on the Future Land Use Map (FLUM) and within a Tier
III district on the Tier Overlay District Map;
4. The Stock Island sender site, 5176 Suncrest Road, Stock Island, is located partially
within Mixed Use (MU) and Native Area (NA) Land Use (Zoning) Districts. Further,
it is designated partially within Mixed Use / Commercial (MC) and Residential
Conservation (RC) categories on the Future Land Use Map (FLUM) and within Tier I
or III districts on the Tier Overlay District Map (affordable housing would be located
entirely within the Tier III portion of the site);
On July 30, 2013, the existing development agreement was reviewed by the
Development Review Committee;
6. On November 15, 2013, the Monroe County Planning Commission held a public
hearing, which was the first of two required public hearings, and recommended
approval to the Board of County Commissioners of the existing development
agreement, as memorialized in Planning Commission Resolution #P29-13;
7. On August 26, 2014, the amended development agreement was reviewed by the
Development Review Committee;
8. On November 19, 2014, the Monroe County Planning Commission held a public
hearing and recommended approval to the Board of County Commissioners of the
amended development agreement, as memorialized in Planning Commission
Resolution #P40-14;
9. Florida Statutes §163.3220 authorizes Monroe County to enter into development
agreements with landowners and/or governmental agencies to encourage a stronger
commitment to comprehensive and capital facilities planning, ensure the provision of
adequate public facilities for development, encourage the efficient use of resources,
and reduce the economic cost of development; and
WHEREAS, based upon the information and documentation submitted, the Board of
County Commissioners makes the following Conclusions of Law:
1. The request is consistent with the provisions and intent of the Monroe County Code;
2. The request is consistent with the provisions and intent of the Monroe County Year
2010 Comprehensive Plan;
3. The request is consistent with the provisions and intent of the Lower Keys (MM 14.2
— 29.0) Livable CommuniKeys Plan;
Page 4 of 5
4. The request is consistent with the Master Plan for the Future Development of Stock
Island and Key Haven, also known as the Stock Island/Key Haven CommuniKeys
Plan;
5. The request is consistent with the Principles for Guiding Development in the Florida
Keys Area of Critical State Concern;
6. The development agreement is required as part of an affordable housing incentive
program as set forth in §130-161.1 of the Monroe County Code and furthers the
provision of affordable housing in Monroe County;
7. The Agreement, among other things, is intended to and shall constitute a development
agreement among the Parties pursuant to the Florida Local Government Development
Agreement Act, Section 163.3223, et seq., Florida Statutes.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the preceding Findings of
Fact and Conclusions of Law support its decision to APPROVE the First Amendment to the
Development Agreement.
PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS of
Monroe County, Florida, at a regular meeting held on the 1 Oth of December, 2014.
Mayor Danny L. Kolhage
Mayor pro tem Heather Carruthers
Commissioner Sylvia Murphy
Commissioner George Neugent
Commissioner David Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
10-114
Mayor Danny L. Kolhage
(SEAL)
ATTEST: AMY HEAVILIN, CLERK
Deputy Clerk
Page 5 of 5
MONROE COUNTY ATTC,-%, -i --
r?�"��FORM:
STEVEN T. WILLIAMS
ASSISTAZN�T �O:T�YATT�ORNF
THIS FIRST AMDENDMENT TO DEVELOPMENT AGREEMENT ("First
Amendment") is entered into by and between Monroe County, Florida, a Political Subdivision of
the State of Florida ("Monroe County"), Surnmerland Palms Investors, LLC, a Florida limited
liability company ("Summerland Palms"), Coco Palms Developers, LLC, a Florida limited
liability company, ("Coco Palms Developers"), Suncrest Investors, LLC, a Florida limited
liability company ("Suncrest") as successor in interest to Singh Investors, LLC and Suncrest
Landings, LLC, Florida limited liability companies, and Oceanside Investors, LLC, a Florida
limited liability company ("Oceanside Investors") (collectively, the "Parties") pursuant to
Sections 110-132, 110-133, 130-161.1 of the Monroe County, Florida Code of Ordinances
("Monroe County Code") and the Florida Local Government Development Agreement Act,
Florida Statutes Sections 163.3220-163.3243 (2013) and is binding on the "Effective Date" set
forth herein:
WITNESSETH:
The Parties hereby agree as follows:
A. This First Amendment provides for the inclusion of real property located at 5948
Peninsular Avenue, Stock Island, Monroe County, Florida which is commonly referred to
as the Hickory House ("Hickory House"), development of a boardwalk along the Hickory
House, transfer of vested Transient Residential Dwelling Units correspondent to twelve
(12) bedrooms and twelve (12) bathrooms from Hawk's Cay, and for an increase in total
Transient Residential Dwelling Units permitted to be developed at property located at
5948, 5950 and 5970 Peninsular Avenue, Stock Island, Monroe County, Florida
("Oceanside Property").
B. All Parties have the authority to enter into this Agreement through Florida Statutes
Chapter 163 and the sole and undivided ownership of the Properties.
C. Section 163.3220, Florida Statutes, authorizes Monroe County to enter into development
agreements with landowners and/or governmental agencies to encourage a stronger
commitment to comprehensive and capital facilities planning, ensure the provision of
adequate public facilities for development, encourage the efficient use of resources, and
reduce the economic cost of development.
D. This Agreement, among other things, is intended to and shall constitute a development
agreement among the Parties pursuant to the Florida Local Government Development
Agreement Act, Section 163.3223, et seq., Florida Statutes ("Act").
E. The Parties recognize that the public noticing and hearing procedures shall follow the
requirements of Section 163.3225, Florida Statutes, which requires the local government
to conduct two public hearings, one of which may be before the Planning Commission.
11
F. Monroe County finds that entering into this First Amendment furthers the purposes,
goals, objectives and policies of the Monroe County Comprehensive Plan which contains
goals and objectives that seek to encourage the provision of affordable housing through
incentive programs and regulations (including but not limited to Goal 601, Objective
601. 1, Objective 601.2 and Objective 601.6).
G. The Parties, with the exception of Suncrest, but including Suncrest's predecessor in
interest, Suncrest Landing, LLC and Singh Investors, LLC, entered into a Development
Agreement with the County dated December 5, 2013 ("Development Agreement")
providing for the redevelopment of the Oceanside Property.
H. After entering into the Development Agreement, Suncrest was assigned the purchase and
4`�
sale agreement previously held by Singh Investors, LLC to purchase the real property
owned by Suncrest Landing, LLC, and located at 5176 Suncrest Road, Stock Island,
Monroe County, Florida ("Suncrest Property"), which property is subject to the
Development Agreement.
1. On February 14, 2014 Suncrest Investors, LLC acquired the Suncrest Property from
Suncrest Landings, LLC, and Suncrest Investors, LLC is now a necessary party to the
Development Agreement. A copy of the Warranty Deed evidencing Suncrest's
ownership is attached hereto as Exhibit 24.
J. On July 16, 2014, Monroe County, pursuant to Monroe County Resolution 116-2014,
approved to be abandoned the right-of-way between the Hickory House and Oceanside
Property ("Abandoned Road") more particularly described as:
Peninsular Avenue, lying between Block 46 and 60, South of Lots 30, 31 & the West 1/2
of Lot 32, in Square 46, according to Maloney's subdivision of a part of Stock Island,
Monroe County, Florida, as recorded in Plat Book 1, Page 55, of the Public Records of
Monroe County, Florida, and being more particularly described as follows:
Commence at the Southeast corner of Lot 35 of said plat, thence West along the North
Right-of-way line of Peninsular Ave. for a distance of 175.00 feet to the Southeast corner
of the said West 1/2 of Lot 32, and the Point of Beginning; thence continue West along the
said North Right-of-way line of Peninsular Ave. for a distance of 195.00 feet, more or
less to the platted shoreline per Maloney's subdivision; thence S 18'26'06" W along the
platted shoreline for a distance of 63.64 feet to the South Right-of-way line of Peninsular
Ave.; thence East along the said South Right-of-way line of Peninsular Ave,, for a
distance of 215.00 feet more or less to the Southerly extension of the East line of the said
West 1/2 of Lot 32; thence North for a distance of 60.00 feet to the said North Right-of-
way line of Peninsular Ave. and the Point of Beginning.
A copy of Monroe County Resolution 116-2014 is attached as Exhibit 25,
K. Since the effective date of the Development Agreement, Oceanside Investors has entered
into a purchase and sale agreement with Monroe County to purchase the Hickory House,
PA
L. The Hickory House is generally described as follows:
1. The Hickory House Property is legally described as Lots 30, 31 and the West 1/2 of
Lot 32, in Square 46, according to Maloney's Subdivision of a part of Stock Island,
Monroe County, Florida, as recorded in Plat Book 1, Page 55, of the Public Records
of Monroe County, Florida,
and that certain County -owned abandoned right of way in accordance with Resolution
No. 116-2014 comprising a part of Peninsular Avenue, Stock Island, Key West,
Florida 33040 is more particularly described as:
Peninsular Avenue, lying between Block 46 and 60, South of Lots 30, 31 and the
West 1/2 of Lot 32, in Square 46, according to Maloney's subdivision of a part of
Stock Island, Monroe County, Florida, as recorded in Plat Book 1, Page 55, of the
Public Records of Monroe County, Florida and being more particularly described as:
Commence at the Southeast corner of Lot 35 of said plat, thence West along the
North right-of-way line of Peninsular Avenue for a distance of 175.00 feet to the
Southeast corner of the said West 1/2 of Lot 32, and the Point of Beginning; thence
continue West along the said North right-of-way line of Peninsular Avenue for a
distance of 195.0 feet, more or less to the platted shoreline per Maloney's
subdivision; thence S 18'26'06" W along the platted shoreline for a distance of 63.64
feet to the South right-of-way line of Peninsular Avenue; thence East along the said
South right-of-way line of Peninsular Avenue, for a distance of 215.0 feet more or
less to the Southerly extension of the East line of the said West 1/2 of Lot 32, thence
North for a distance of 60.00 feet to the said North right-of-way line of Peninsular
Avenue and the Point of Beginning.
A copy of the Warranty Deed evidencing Monroe County's ownership of the Hickory
House is attached as Exhibit 26,
2. As of the date of this Agreement, the Hickory House is assessed by the Monroe
County Property Appraiser as real estate numbers 00126210-000000, 00126220-
000000, 00 126230-000000.
3. Historically, the Hickory House was used as a restaurant and marina.
4. The Hickory House Property currently has a Mixed Use ("MU") Land Use (Zoning)
District designation and a corresponding Mixed Use Commercial ("MC") Future
Land Use Map designation. A copy of the Land Use District Map and Future Land
Use Map for the Hickory House is attached as Exhibit 27.
5. The Hickory House currently has a Tier Overlay District Designation of Tier 111.
6. The Hickory House consists of 29,447.55 square feet of upland.
M. As part of the purchase and sale agreement for the Hickory House, Oceanside Investors
and Monroe County agreed that Oceanside Investors shall make an application to amend
r�-
the Development Agreement to include the Hickory House and the Abandoned Road and
provide for development of a boardwalk along the Western edge of the Hickory House
and Abandoned Road.
N. Oceanside Investors desires to increase the total number of Transient Residential
Dwelling Units permitted to be developed on the Oceanside Property.
0. Village at Hawk's Cay, Inc, ("Hawk's Cay") owns vested Transient Residential Dwelling
Units associated with twelve (12) bedrooms and twelve (12) bathrooms, which were
legally vested in Hawk's Cay prior to July 13, 1992 by virtue of a Development of
Regional Impact approval, as amended ("Hawk's Cay DRI"), and is still valid pursuant to
the Agreement for the Built -Out Hawk's Cay DRI entered into by and between Monroe
County, Hawk's Cay and DEO on January 8, 2004,
I . The Hawk's Cay DRI memorialized the existence of development rights
correspondent to six hundred fourteen (614) transient bedrooms and six hundred
twenty-six and one half (626.5) bathrooms on real property owned by Hawk's Cay.
2. Of the six hundred fourteen (614) transient bedroom development rights and six
hundred twenty-six and a half (626.5) bathroom development rights established
pursuant to the Hawk's Cay DRI, six hundred two (602) transient bedrooms and six
hundred twelve and one half (612.5) bathrooms were built out or transferred to third
pai ties.
3. As a result, Hawk's Cay possesses twelve (12) vested Transient Residential Dwelling
Units, defined as rooms under Monroe County Code ("Hawk's Cay Vested
Development Rights").
4. Pursuant to Monroe County Code Section 138-22(7), landowners with a valid,
unexpired development of regional impact approval granted by Monroe County prior
to July 13, 1992, shall be exempt from the residential ROGO system. As a result, the
Hawk's Cay Vested Development Rights are eligible for transfer to the Oceanside
Property.
P. Oceanside Investors and Hawk's Cay desire to transfer and develop the Hawk's Cay Vested
Development Rights at the Oceanside Property.
A. The overall purpose of this First Amendment is to include the Hickory House and
Abandoned Road as part of the Oceanside Property receiver site, provide for
development of a boardwalk along the Eastern edge of the Hickory House and
Abandoned Road, to memorialize the eligibility of the Hawk's Cay vested development
rights for development on the Oceanside Property, and to increase the amount of
Transient Residential Dwelling Units permitted to be developed on the Oceanside
Property.
a]
NOW, THEREFORE, the First Amendment is approved as follows:
A. Recitals. The recitals explaining the intent and purpose of the First Amendment as set
forth in the preceding clauses are incorporated herein and form a material part of the
Development Agreement and this First Amendment. The Parties recognize the binding
effect of Fla. Stat. §§163.3220-163.3243, as to the form and content of the Development
Agreement and First Amendment and in accordance therewith set forth and agree to the
following.
B. Amendments. The Development Agreement is hereby amended as follows (additions
are underlined and deletions are str-uek thr-ough:
1. Section I.N.7 is hereby deleted in its entirety.
2. Section H.J is hereby amended as follows.
J. Summerland Palms, Coco Palms Developers, Singh hivestor-s, Suncrest and Oceanside
Investors have authorized Bai4an W. Smith, Esq. Pritam Singh to execute this Agreement on
their behalf. A eopy of Summer -land Palms, Singh Ifivestefs, Suner-est,_and O,eeanside invester-s'
ageney author-izatien is attaelied hereto at E*hibif 2 1.
3. Section 11I.D.I.e. is hereby amended as follows:
e. The redevelopment of the Oceanside Property includes the addition of up to 78 new, market
rate residential dwelling units, which may be used as vacation rentals, up to 5 17 new hotel
rooms, a new restaurant, and other improvements related to the existing marina and accessory
development. The residential density would not exceed 100 permanent residential units and -5 17
transient units. Not including accessory structures related to the residential uses, the
nonresidential intensity shall not exceed 40,000 square feet.
4. Section 11I.D.I.f. is hereby amended as follows:
f, the height of any new structure associated with the redevelopment of the Oceanside Property
shall not exceed 35 feet, according except as provided by Monroe County Code, as amended.
For purposes of determination of grade of the Oceanside Property, grade shall be 5.3 feet NGVD
as identified on the survey attached as Exhibit 28.
5. Section 1H.G. is amended as follows:
Development Allowed. The following specific criteria are those which will guide development
of the Properties, and are standards by which any further approvals shall be measured and shall
be as follows:
5
a. The Oceanside Property consists of 19.94 20.06 gross acres consisting of 11. 19 12.06
acres of upland and 8.0 acres of submerged land. There currently exist twenty-two
(22) market -rate residential dwelling units, in the form of condominium units on the
property,
b. Oceanside Investors is permitted to transfer thirty-two (32) market -rate TRE's along
with thirty-two (32) TDR's to the Oceanside Property pursuant to the Development
Order #02-07.
c. After an equivalent number of deed restricted affordable housing units are established
on the Surnmerland Palms Property, Summerland Investors is permitted to transfer
market -rate TRE's associated with lawfully established mobile homes from the
Surnmerland Palms Property sender site to the Oceanside Property receiver site
pursuant to Monroe County Code Section 130-16 1. 1.
d. After an equivalent number of deed restricted affordable housing units are established
on the Cudjoe Coco Palms Property, Singh inves Coco Palms Deveigpers is
permitted to transfer the market -rate TRE's associated with lawfully established
mobile homes from the Cudjoe Coco Palms Property sender site to the Oceanside
Property receiver site pursuant to Monroe County Code Section 130-16 1. 1.
e, After an equivalent number of deed restricted affordable housing units are established
on the Stock Island Suncrest Property, Suncrest is permitted to transfer the market -
rate TRE's associated with lawfully established mobile homes from the Stock Island
Suncrest Property sender site to the Oceanside Property receiver site pursuant to
Monroe County Code Section 130-16 1. 1.
f. Hawk's Cav has transferred to the Oceanside Property, and Oceanside Investors is
permitted to develop on the Oceanside Property, the Hawk's Cay Vested
Development Rights, consisting of twelve (12) bedrooms and twelve (12) bathrooms.
f.�g. Provided such development can be designed and approved by all applicable codes,
including but not limited to the Monroe County Code and Florida Building Code,
Oceanside Investors is pern-dtted to develop the following buildings, facilities and
structures on the Oceanside Property pursuant to this Agreement:
In addition to the already existing twenty-two (22) attached, market -rate
residential dwelling units, up to seventy-eight (78) new attached, market -rate
residential dwelling units, each of which may be configured to include a
separately rentable "lockout" consisting of no more than one (1) bedroom and one
(1) bathroom, all of which may be used for vacation rental use, provided
Oceanside Investors constructs and 1) installs and maintains a gated entrance and
2) establishes a homeowner's or property owner's association that expressly
regulates or manages vacation rental uses.
ii. A hotel with up to five (5) seventeen (17) new hotel rooms.
M
iii Eight (8) existing wet slips that have existed for over 40 years but have not been
properly permitted. Twenty percent (20%) of Oceanside Investors' wet slips shall
be restricted to use by commercial fishing vessels.
iv. A restaurant with up to 150 seats and up to 3,859 square feet of floor area.
v. Additional amenities ancillary and accessory to the vacation rental and hotel use,
including a lobby, gatchouse, offices, fitness center, bath house, maintenance,
housekeeping and watersports consisting of up to 9,352 square feet as depicted on
plans submitted with this Agreement.
vi. A marina store, dock master, and watersport offices consisting of up to 1,973
square feet as depicted on plans submitted with this Agreement.
vii. Parking areas and landscaping
viii. Public access is permitted to the Oceanside Propert , Hickory House and
Abandoned Road waterfront boardwalk as depicted on the conceptual site plan
attached to this Agreement as Exhibit 29, which shall be openjo the public free of
charge from 7:00 a.m. to dusk three hundred sixty-five (365) days per year.
Oceanside Investors may establish and enforce reasonable rules related to use of
the waterfront boardwalk and conduct by the public while using the waterfront
boardwalk from 7 a.m. to dusk. Oceanside Investors agrees that no physical
barrier may be erected to close off access or create the appearance that access
during daylight hours is restricted. This condition shall survive the expiration of
the Agreement.
5. Section 111.1 is hereby amended as follows:
I. Rental License. Monroe County Code Section 23-85 requires each person engaged in the
business of renting accommodations, including vacation rentals and other public lodgings
licensed pursuant to Chapter 509, Florida Statutes, to pay a business tax and to obtain annually a
business tax receipt for each place of business at which the rental occurs. Each of the new
seventy-eight (78) residential dwelling units and each of the lockouts within such units engaged
in Vacation RentaJ use shall be deemed a "place of business" subject to taxation under Monroe
County Code Section 23-85. Oceanside Investors, its successors and assigns, so long as all or a
portion of the property is used for vacation rentals, shall pay the business tax imposed pursuant
to Monroe County Code Section 23-85 for each vacation rental unit and for each lockout utilized
for or held out as public lodging, in addition to the five (5*seventeen 17
L__� hotel rooms. Pursuant
to this Agreement, Oceanside Investors will be required to obtain a total of Effle hURdf-ed six-ly
one (1611one hundred seventy-three (173) business tax receipts, consisting of one receipt for
each dwelling unit, one receipt for each lockout, and one receipt for each hotel room and shall
7
pay the business tax for each unit, lockout, and hotel room being utilized in the business of
Vacation Rental annually. The tax collector may not accept the tax or issue receipts for the
business tax unless the vacation rentals are licensed pursuant to Ch. 509, Florida Statutes.
6. Section 1ILM is hereby amended as follows:
M. Site Plan Approval: Monroe County does hereby accept the conceptual site plan of the
Oceanside Property. The conceptual site plan is attached as Exhibit _213
previously accepted conceptual site...plan, which was attached to the DeyLlopment Agreement as
Exhibit 23. The development shall be consistent with all applicable codes, including but not
limited to the Monroe County Comprehensive Plan and Monroe County Code. Following a
review of compliance with such codes, the final site plan must be approved by the Monroe
County Planning Commission as an amendment to the Property's major conditional use permit.
The Planning Commission has final authority over the development approval and the site plan
which may be amended by the Planning Cominission.
C. Effect of First Amendment to Development Agreement. Except as expressly modified
in this First Amendment, all terms and provisions in the Development Agreement for the
Parties remain unchanged and continue in full force and effect.
D. Recording. Monroe County shall record this Agreement with the Clerk of the Circuit
Court of Monroe County within fourteen (14) days following signature by all Parties.
Oceanside Investors agrees that it shall be responsible for all recording fees and other
related fees and costs related to the recording and delivery of this Agreement as described
in this section. The provisions hereof shall remain in full force and effect during the term
provided herein and shall be binding upon all successors in interest to the Parties to this
Agreement.
E. Conflicting Resolutions, All resolutions of parts thereof in conflict with the provisions
of this Agreement and its resolution are hereby repealed to the extent of such conflict.
F. Severability. If any part of this Agreement is contrary to, prohibited by, of deemed
invalid under any applicable law or regulation, such provisions shall be inapplicable and
deemed ornitted to the extent so contrary, prohibited, or invalid; however, the remainder
of the Agreement shall not be invalidated thereby and shall be given full force and effect
as if the contrary, prohibited, or invalid provision was never a part hereof.
G. Effective Date. The "Effective Date" of this Agreement is thir-ty (45) days after- the duly
ed and r-eeefded AgFeement is feeeived by the Florida Depaftfnent of Gemmunivy
Affaifs pufsuant to Chapter 380, Fier-ida Sta4utes, and if appealed, until the Nppeffiled is
feselvedJan ary 22, 2014.
H*.
[REMAINDER OF PAGE INTENTIONALLY BLANK. SIGNATURE PAGES T*
FOLLOW.]
IN WITNESS WHEREOF, the Parties hereto have set their hands and seals on the day and yea
below written.
Summerland Palms Investors, LLC
m
Title:
Date:
Suncrest Investors-LLC
By
Title:
Date:
Oceanside Investors,-LLC
B-IL.
Title:
Date:
Coco, Palms Developers, LLC
BE.
Title:
Date:
State of
WIMUTIM
IN
The foregoing instrument was acknowledged before me on this — day of 3
2014, by PRITAM SINGH, the managing member of Surnmerland Palms Investors, LLC,
Suncrest Investors, LLC, Oceanside Investors, LLC and Coco Palms Developers, LLC. He is
personally known to me did not take an oath.
Monroe County
Date
ATTEST: AMY HEAVILIN, CLERK
DEPUTY CLERK
M
Monroe County Board of County
Commissioners
..*i � 0 0 . - 0 a z
STEVEN T, WILLIAMS
Prepared -b_y and return to:
Gregory S. Oropeza, Esq.
Attorney at Law
Smith I Oropeza, P.L.
138-142 Simonton Street
Key West, FL 33040
305-296-7227
File Number: 2013-152
Will Call No.:
Parcel Identification No. 00132680-000000
Doca 2958963 02/14/2024 3;28P11
Filed & Recorded in official Recordsof
MONROE COUNTY AMY HEAVILIN
02/14/2014 3:28PM
DEED DOC STAMP CL: Krys $5,250-00
Doell 1968963
BkN 2671 P9N 849
lSpacc Above This Line For Recbrding Data]
Warranty Deed
(STATUTORY FORM - SECTION 689.02, F.S.)
This Indenture made this 14th day of February, 2014 between Suncrest Landing, LLC, a Florida limited liability
company whose post office address is P.O. Box 6002, Key West, FL 33040 of the County of Monroe, State of Florida,
grantor*, and Suncrest Investors, LLC, a Florida limited liability company whose post office address is 1010 Kennedy
Drive, Suite 302, Key West, FL 33040 of the County of Monroe, State of Florida, grantee*,
Witnesseth that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other
good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged,
has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land,
situate, lying and being in Monroe County, Florida, to -wit:
ON THE ISLAND OF STOCK ISLAND AND BEING LOTS NUMBERED 27 AND 28 OF SUN
KREST SUBDIVISION, A SUBDIVISION OF A PART OF GOVERNMENT LOT 1, SECTION 34,
TOWNSHIP 67 SOUTH, RANGE 25 EAST, ACCORDING TO PLAT THEREOF RECORDED IN
PLAT BOOK 1, PAGE 107, PUBLIC RECORDS OF MONROE COUNTY,
FLORIDA. ANDALSO A PARCEL OF SUBMERGED LAND IN SECTION 35, TOWNSHIP 67
SOUTH, RANGE 25 EAST, STOCK ISLAND, MONROE COUNTY, FLORIDA, LYING
SOUTHERLY OF AND ADJACENT TO LOTS 27 AND 28 OF SUN KREST SUBDIVISION, AS
RECORDED IN PLAT BOOK 1, PAGE 107, PUBLIC RECORDS OF MONROE COUNTY,
FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SW
CORNER OF SAID LOT 27, SAID SW CORNER BEING AT THE MEAN HIGH WATER MARK
OF COW KEY CHANNEL; THENCE NORTHEASTERLY ALONG SAID MEAN HIGH WATER
MARK TO THE SE CORNER OF SAID LOT 28 OF SUN KREST SUBDIVISION; THENCE
SOUTHEASTERLY ALONG THE EXTENSION OF THE EASTERLY LINE OF SAID LOT 28,
221.0 FEET; THENCE WITH A DEFLECTED ANGLE TO THE RIGHT OF 1011 30' RUN
WESTERLY 102.1 FEET, MORE OR LESS, TO THE INTERSECTION WITH
SOUTHEASTERLY EXTENSION OF THE WESTERLY LINE OF SAID LOT 27; THENCE
NORTHWESTERLY ALONG SAID SOUTHEASTERLY EXTENSION 210.0 FEET, MORE OR
LESS, TO THE POINT OF BEGINNING.
and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons
whomsoever.
* "Grantor" and "Grantee" arc used for singular or plural, as context requires.
In Witness Whereof, grantor has hereunto set grantoes hand and seal the day and year first above written.
Exhibit 24 Doublellmes
Signed, sealed and delivered in our presence:
&I'ViR
00
'!N WOWAYe
F
FA
WitnessName: e--'"VrqrV nro'dacl
4.01
State of Florida
County of Monroe
Doen 1968963
BkN 2671 PqN 850
Suncrest Landing, C
By:
W W.1t , S. 1401
alter S. Holland., Jr.. Managging ember
By:
- V,-- —"—
R,61;e-rta Holland, Managing Member
(Corporate Seal)
The foregoing instrument was acknowledged before me this l4th day of February, 2014 by Walter S. Holland, Jr., Managing
Member and Roberta Holland, Managing Member of Suncrest Landing, LLC, on behalf of the corporation. They [j are
personally known to me or [X] have produced a driver's license as identification.
[Notary Seal]
I Mill
............
---------- GoRy OROPEZA
Xly C01*AjsSj0N I EE OGM
4
jilly 1, 201
aPIRES,
Notary pUbk Undermwers
I Wf. .
sondatinru
t� A->- ( C-11-�
Notary Public
Printed Name:
My Commission Expires:
MONROE COUNTY
OFFICIAL RECORDS
14'arranV Deed (Slalutorj� Form) - Page 2 Exhibit 24 DoubleTImee
DocN 1992171 07/29/2014 3:53PM
Filed & Recorded in official Records of
MONROE COUNTY AMY WERVILIN
Petitioner: Oceanside Investors, LLC
D*cN 1992171
BkN 2696 P90 895
MONROE COUNTY, FLORIDA
RESOLUTION NO. 116 .2014
A RESOLUTION OF THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS RENOUNCING AND
DISCLAIMING ANY RIGHT OF THE COUNTY AND
PUBLIC IN AND TO THAT PORTION OF THE RIGHT-
OF-WAY OF THE WESTERN PORTION OF
PENINSULAR AVENUE ON STOCK ISLAND THAT IS
BOUNDED ON THE NORTH BY LOTS 30, 31 & THE
WEST 1/2 OF LOT 32 IN, BLOCK (SQUARE) 46 OF
MALONEY SUBDIVISION9 BOUNDED ON THE WEST
BY A PLATTED SHORELINE OF MALONEY
SUBDIVISION, AND BOUNDED ON THE SOUTH BY
LOTS I AND 2 IN BLOCK (SQUARE) 60 OF MALONEY
SUBDIVISION, ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PLAT BOOK I PAGE 55 OF THE
PUBLIC RECORDS OF MONROE COUNTY, FLORIDA
WHEREAS, an application was filed by Oceanside Investors, LLC to abandon a portion
of Peninsular Avenue on Stock Island that is located between Blocks 46 and 60 (west of the west
1/2 of Lot 32 in Block 46) in Maloney Subdivision, as recorded in Plat Book 1, page 55 of the
Public Records of Monroe County, Florida; and
WHEREAS, the Board of County Commissioners of Monroe County, Florida, desires to
renounce and disclaim any right of the County and the public in and to the hereinafter right-of-
way; and
WHEREAS, due notice has been published and a public hearing has been held in
accordance with Chapter 336, Florida Statutes; and
WHEREAS, at said public hearing, the Board considered the argument of all parties
present wishing to speak on the matter, and considered the renouncing and disclaiming of any
BOCC June 30,2013
061914
Exhibit 25
DocN 1992171
BkN 2695 PgN 896
right of the County and the public in and to the hereinafter described right-of-way as delineated
on the hereafter described map or plat; and
WHEREAS, the Board has determined that vacation of the said right-of-way is for the
general public welfare, and conforms to the requirement of Sections 336.09 and 336-10, Florida
Statutes; and
WHEREAS, the Board makes the following Findings of Fact and Conclusions of law:
1. For purposes of Monroe County Code Sections 19-1(a)(I)and (2) the water at the end
of Peninsular Avenue is not "open water."
2. For purposes of Monroe County Code Sec. 19-1(a)(3) abandonment of the right-of-
way does not preclude a way for the public to maintain access to the water.
3. By approving this resolution, Monroe County agrees to the abandonment as an affected
property owner under Monroe County Sec. 19-1(b).
4. The applicant has agreed to pay any expenses associated with the road abandonment
including but not limited to relocation of utilities and any required road improvements.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMaSSIONERS OF MONROE COUNTY, FLORIDA, that it hereby renounces and
disclaims any right of the County and public in and to the following described streets, alley-
ways, roads, or highways as delineated on the hereafter described map or plat, to -wit -
"Peninsular Avenue, lying between Block 46 and 60, South of Lots 30, 31 & the West 112
of Lot 32, in Square 46, according to Maloney's subdivision of a part of Stock Island, Monroe
County, Florida, as recorded in Plat Book 1, Page 55, of the Public Records of Monroe County,
Florida, and being more particularly described as follows:
Commence at the Southeast comer of Lot 35 of said plat, thence West along the North
Right-of-way line of Peninsular Ave. for a distance of 175.00 feet to the Southeast comer of the
said West J12of Lot 32, and the Point of Beginning; thence continue West along the said North
Right-of-way line of Peninsular Ave. for a distance of 195.00 feet, more or less to the platted
shoreline per Maloney's subdivision; thence S 18'26'06" W along the platted shoreline for a
distance of 63.64 feet to the South Right-of-way line of Peninsular Ave.; thence East along the
said South Right-of-way line of Peninsular Ave., for a distance of 215.00feet more or less to the
Southerly extension of the East line of the said West 112of Lot 32; thence North for a distance of
60. 00 feet to the said North Right-of-way line of Peninsular Ave. and the Point of Beginning.
Containing IZ300.00 squarefeet, more or less. "
PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS Of
Monroe County, Florida, at a regular meeting held on the 30'h of June, 2014.
BOCC June 30,2013
061914
Exhibit 25
DocH 1992171
Oka 2696 PqN 897
Mayor Sylvia Murphy
Mayor pro tem Danny L. Kohlage
Commissioner Heather Carruthers
Commissioner George Neugent
Commissioner David Rice
=
=
M
C',
0z
>:
w
Cl
0
Aj
3%
j
w
L3
—j
BOCC June 30,2013
061914
Yes
No
Yes
Yes
Abstained
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY^,ORIDA,0
ror §y1via Murphy
Approved as to Form and I.,egal Sufficiency
Assistant County Att�oey
C, I tv
STATE OF FLORIDA
COUNTY OF MONROE
This COPY is 2 True COPY Or'he
ckiginol en File In this Offk*. Witnew
my hand and Official Seal.
Thl,_j-,�—r day Of—TA—
A.D., 20
AMY HEA711,11
By Exhibit 25
Cn
Iq
rn
Cn
Doc# 1992171
Bk# 2696 Pg# 895
X11PEXY STATE OF FLORIDA
T "'T
N
Tft PAN Ord" onlycow NOW00801" a fen COUNTY OF MONROE
Cooke Communications, LL"C
Florida Keys
PO Box 1800 Before the undersigned authority personally appeared Tommy Todd, who on
Key West F1 33041 oath says that he is Advertising Director of the Key West Citizen, a daily
Office .... 305-292-7777 newspaper published in Key West, in Monroe County, Florida; that the
Extension ... x219 attached copy of advertisement, being a legal notice in the matter of
Fax ....... 305-295-8025
Jecials0keysnews.corn ;;4 V�- a e-_S 0 ) U- h.A)
INTERNET PUBLISHING
keywest.com
keysnews.com
floridakeys.com
key-west.com
Web Design Services
NEWSPAPERS
The Citizen
Southernmost Flyer
Florida Keys Free Press
MARKETING SERVICES
Commercial Printing
Direct Mail
FLORIDA KEYS OFFICES
Printing I Main Facility
3420 Northside Drive
Key West, FL
33040-1800
Tel 305-292-7777
Fax 305-294-0768
eftizen 9,key,,yeqt,cnm
Internet Division
Tel 305-292-1880
Fax 305-294-1699
sales@keywest.com
Upper Keys Office
91731 Overseas Hwy
Tavernier, FL 33070
Tel 30"53-7277
Fax 305-853-0556
freepress@floridakeys.com
was published in said newspaper in the issue(s) of
0
Affiant further says that the Key West Citizen is a newspaper published in
Key West, in said Monroe County, Florida and that the said newspaper has
heretofore been continuously published in said Monroe County, Florida every
day, and has been entered as second-class mail matter at the post office in Key
West, in said Monroe County, Florida, for a period of I year next preceding
the first publication of the attached copy of advertisement; and affiant further
says that he has neither paid nor promised any person, firm or corporation any
discount, rebate, commission., or- reftui—kr the purpo_qe- sec i g this
advertisement for publication in the said ne
of
Sworn and subscribed before me this__�_ day of '�- L) 2014
Notary Public:
Dawn Kawzinsky
Expires: 114116
4.04WN KAWZINSKY
NOTARY PUSLIC
STATE OF FLORIDA
Comm# EE157233
"I.31-PExpires 1/4/2016
Notary Seal
Personally Known x Produced Identification
Type of Identification Produced
Exhibit 25
Doc# 1992171
Skill 2696 P9N 899
DOPTION OF
RESOLUTION
NOTICi OF A136PTION OF
RESOLUTION RENOUNCING
AND DISCLAIMING ANY
RIGHT OF THE COUNTY OF
MONROEMI)TRUPUBW
IN AND TO A CERTAIN
STREET AS DELINEATED ON
A CERTAIN RECORDED
PL&
NOTICE 19 HEREBY GPM,
pursuant to Chapter 336.
Florldi Statutes, that the Board
of CountyCommissloners of
Monroe County, Porlds, at a
meeting hold on June 30, 2014
duly adopted Resolution No.
116-2014, renouncing and
discialming any right of the
Ccunty of Monroe and On
public In and to the following
described streets, allay -ways,
roads or highways as
delineated on the hereinafter
described map or plat to wit:
"Peninsulls;Avenue, lying
between Block 46 and 60,
South of Lots 30,31 & the
West 112 at Lot 32, In Square
46, according to Maloney'a
subdivision of a part of Stock
Island, Monroe County,
Florida, as recorded In Plat
Book 1, Page K of the
Public Records at Monroe
CountY6 Florldsi and boillng,
mom particularly described
as follows:
Cornmenco at the Southeast
corner of Lot 35 of said plat,
thence West along the North
Rlght-of-way line of
Peninsular Ave. for a
distance of 175.00 tog to the
Southeast comer of the mid
West 1/2 of Lot 32, and the
Point of Beginning; thence
continue West along U* said
North Right-oll-way line of
Peninsular Av& lot -
distance of 19&00 feetmiled
or less to the platted
shoreline per Usiloneirs—
subdivision; therice 8
1620'06"W Wong ffFe —prd1W
shoreline for a distance of
.§3.84 feet to the G—ouM-
- Wot-cf-way line at
Peninsular Ave.; thenc—a EW
vion the Id SoLO
RIght-of-way One of *
Penirtsular Ave.T"
distance of 215.00 feet more
or lose to the Sdutherly
extenalon of the East line at
1112 of Lot 32;
thenceAtaith for a distance
of 60.00 fast to the said North
Right-cf-way line of
Peninsular Ave. and the Point
ojJWgMftg. Containing
12,300.00 square feet, more
or less!'
Dated at Marathon, Florida, this
2nd Day of July. 2014.
AMY HEAVILIN, Clerk of the
CArcult Court and ax offido
Clerk of the Board of County
Commissioners of Monroe
County Florida
July 7, 2014
Key Wed CKIzen
MONROE COUNTY
OFFICIAL RECORDS
Exhibit 25
DOOM 1615450
11/30/2006 4:13PM
Filed & Recorded In Official Records of
P=ared by and return to:
MONROE COUNTY
DANNY L. KOLKAGE
Erica N. Hughes -Sterling
Attorney at Law
11/30/2800 4-13PM
Spottswood, Spottswood & Spottswood
DEED DOC STAMP* cL: pW
$21,875.00
500 Fleming Street
Key West, FL 33040
305-294-9556
File Number: 06-335-JB
DoeN 1615450
BkU 2255 PSII 1923
[Space Above This Une For Recording Data]
Warranty Deed
This Warranty Deed made this 28th day of November, 2006 between Melodye Reger a/k/a Melody Reger, a single
woman whose post office address is 100 Bay Drive, Key West, FL 33040, grantor, and Monroe County, a political
subdivision of the State of Florida whose post office address is 1100 Simonton Street� Key West FL 33040, grantee:
(Whenever used herein the terms "grantor" and "grantee include all the parties to this instrument and the heirs, legal representatives, and assigns of
individuals. and the successors and assigns of corporations, trusts and trustees)
Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other
good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged,
has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land,
situate, lying and being in Monroe County, Florida to -wit:
Lots 30, 31 and the West 1/2 of Lot 32, In Square 46, according to Maloney's subdivision of a part of
Stock Island, Monroe County, Florida, as recorded in Plat Book 1, Page 55, of the Public Records of
Monroe County, Florida.
Parcel Identification Number: 00126230-000000; 00126220-000000; 00126210-000000
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the
grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully wan -ants the title to said
land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all
enctirribrariccs, except taxes accruing subsequent to December 31, 2005.
In Witness Whereof, grantor has hereunto set grantoes hand and scal the day and year first above written.
Si scaled and delivr4ed in pur presence:
PlKodyc keg—er
Witness.Ng
M
State of Florida
County of Monroe
The foregoing instrument was acknowledged before me this 28th day of November, 2006 by Melodye Reger, who L] is
personally known or [XI has produced a driver's license as identification.
r
(Notary Seal] Notary Pitiblic
qK-., - - 0 MARY E. TURSO
Mary . Turao Printed Name:
7ft ' COMMission # DD398273
Expires March 30, 2009 My Commission Expires:
MONROE COUNTY
OFFICIAL RECORDS
DoubleTimes
Exhibit 26
'i'll
MAT04 TO 503
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MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCEs DEPARTMENT
To: Monroe County Board of County Commissioners
Through: Christine Hurley, AICP, Director of Growth Management
Townsley Schwab, Senior Director of Planning & Environmental Resources
From: Joseph Haberman, AICP, Planning & Development Review Manager
Subject: Request for an Amendment to a Development Agreement between Monroe
County, Florida; Summerland Palms Investors, LLC, Coco Palms Developers,
LLC, Suncrest Investors, LLC, and Oceanside Investors, LLC concerning
properties located at 5948, 5950 and 5970 Peninsular Avenue, Stock Island
gegally described as Block 46, Lots 30, 31 and Y2Lot 32, Block 60, portions of
Lots 1, 2 and 3, Block 61, portions of Lots 1, 2 and 3, the abandoned portion of
Peninsular Avenue lying between Block 46 and Block 60, the abandoned portion
of Maloney Avenue lying between Blocks 60 and 61, McDonald's Plat, also
known as Maloney Subdivision, having real estate #s 00126210.000000,
00126220.000000, 00126230.000000, 00127420.000000 and 00127420.000100),
24930 Overseas Highway, Summerland Key (legally described as Lot 55 and a
portion of Lot 54, Summerland Yacht Harbor, having real estate #s
00194741.000100, 00194741.000200, 00194741.000300, 00194741.000400,
00194741.000500, 00194741.000600, 00194741.000700, 00194741.000800,
00194741.000900, 00194741.001000, 00194741.001100, 00194741.001200,
00194741.001300, 00194741.001400, 00194741.001500, 00194741.001600,
00194741.001700, 00194741.001800, 00194741.001900, 00194741.002000,
00194 741.002100 and 00194 741.002200), 21585 Old State Road 4A, Cudjoe Key
(legally described as Lot 30, Sacarma, having real estate #00174960.000000),
and 5176 Suncrest Road, Stock Island gegally described as Lots 2 7 and 28, Sun
Krest, having real estate # 00132680. 000000) (File #2014-112)
Meeting: December 10, 2014
1 1 REQUEST:
2
3 The applicant is proposing an amendment to an existing development agreement between
4 Monroe County, Florida; Surnmerland Palms Investors, LLC, Coco Palms Developers, LLC,
5 Suncrest Landing, LLC, Singh Investors, LLC, and Oceanside Investors. In 2013, Oceanside
6 Investors applied for the existing development agreement. The agreement was approved by
7 the BOCC at a public hearing on December 11, 2013, and recorded in the official records of
8 Monroe County on December 19, 2013.
9
10 The existing agreement allows the transfer of Residential Rate of Growth Ordinance (ROGO)
11 exemptions — known as Transferable ROGO Exemptions (TREs) - from sender sites on
12 Surnmerland Key (22 market -rate permanent TREs), CudJ oe Key (17 market -rate permanent
Page I of 18
1 TREs) and Stock Island (7 market -rate permanent TREs) to a receiver site on Stock Island, in
2 accordance with MCC §130-161.1. On the sender sites, the residential dwelling units in
3 which the transferred market -rate permanent TREs are derived shall be converted to, or
4 replaced with, an equivalent amount of deed -restricted affordable housing.
5
6 The existing agreement also involves the redevelopment of 5950 and 5970 Peninsular
7 Avenue, the receiver site and known as Oceanside Marina, for the addition of up to 78 new,
8 market -rate residential dwelling units, which may be used as vacation rentals, up to 5 new
9 hotel rooms, a new restaurant with up to 150 seats, and other improvements related to the
10 existing, partially-condominiumized marina and accessory development. A boat bam (under
I I condominium ownership), 22 existing, market -rate permanent units (under condominium
12 ownership), marina wet slips (under condominium ownership) and ancillary/accessory
13 buildings would be maintained. An existing boat barn/light industrial building would be
14 demolished. Not including accessory structures related to the residential uses, the
15 nonresidential floor area would not exceed 40,000 square feet. Dockage owned by the
16 developer would include 8 new slips, for a total of approximately 16 slips, of which at least
17 20% (3 slips) shall be reserved for commercial fishing vessels.
18
19 The following amendments are proposed to the existing agreement:
20
21 e Include an adjacent property to the premises associated with the Oceanside Marina
22 property (Block 46, Lots 30, 31 and 1/2Lot 32, Block 60, McDonald's Plat, having
23 real estate Ws 00126210.000000, 00126220.000000 and 00126230.000000). The
24 adjacent property is commonly known as the Hickory House property and Oceanside
25 Investors, LLC has entered into a purchase and sale agreement with Monroe County.
26 9 Include an abandoned portion of Peninsular Avenue right-of-way to the premises
27 associated with the Oceanside Marina property (a portion lying between Block 46 and
28 Block 60). The abandonment was approved by the BOCC on June 30, 2014, as
29 memorialized in Resolution #116-2014.
30 9 Amend the acreage of the Oceanside Marina property to reflect the aforementioned
31 adjacent property and abandoned road.
32 9 Amend the total number of hotel rooms allowed at the Oceanside Marina property
33 from up to 5 hotel rooms to up to 17 hotel rooms.
34 9 Amend the conceptual site plan approved by the existing agreement to a) include the
35 aforementioned adjacent property, abandoned road and development thereon the
36 added land area; b) to modify the hotel buildings to accommodate 17 hotel rooms and
37 c) extend the approved 'boardwalk' along the western shoreline of the added adjacent
38 property and abandoned road.
39 a Allow the transfer of up to 12 vested transient residential dwelling units from Hawk's
40 Cay on Duck Key (to fulfill ROGO requirements associated with up to 12 of the
41 proposed 17 hotel rooms).
42 9 Replace Suncrest Landing, LLC, as a party to the agreement with its predecessor in
43 interest, Suncrest Investors, LLC.
44 * Replace Singh Investors, LLC, as party to the agreement with its predecessor in
45 interest, Suncrest Investors, LLC.
46
Page 2 of 18
J Applicant:
4 Agent: Barton W. Smith, Esq., Smith Oropeza, P.L.
5
6 11 RELEVANT PRIOR COUNTY ACTIONS:
7
8 Oceanside Marina, 5948, 5950 and 5970 Peninsular Ave, Stock Island ("Oceanside
9 Properlya.
10
I I In 1996, the Oceanside Investors' predecessor in interest applied for a minor conditional use
12 permit for part of the Oceanside Property, 5970 Peninsular Avenue (real estate
13 #00127420.000100 only). The approval is memorialized by Development Order #12-96,
14 approved by the Director of Planning on July 23, 1996 and recorded in the official records of
15 Monroe County on September 6, 1996. The permit allowed for the construction of a 9,600 SF
16 storage building and other associated accessory improvements. A copy of Development
17 Order #12-96 is attached as Exhibit 4 to the agreement (File #96045).
18
19 In 1997, the Oceanside Investors' predecessor in interest applied for an amendment to the
20 major conditional use permit for part of the current Oceanside Property, 5950 Peninsular
21 Avenue (real estate #00127420.000000 only). The approval is memorialized by Planning
22 Commission Resolution #P52-97, approved by the Planning Commission at a public hearing
23 on July 10, 1997, signed by the Planning Commission Chair on August 18, 1999 and
24 recorded in the official records of Monroe County on August 24, 1999. The amendment
25 allowed for the construction of 22 attached, market rate residential dwelling units one boat
26 storage building; an addition to an existing restaurant; and other associated accessory
27 improvements. A copy of Planning Commission Resolution #P52-97 is attached as Exhibit 5
28 to the agreement (File #97021).
29
30 Following the issuance of Planning Commission Resolution #P52-97, Oceanside Investors'
31 predecessor in interest acquired the adjacent property, 5970 Peninsular Avenue. Further, the
32 22 attached, market rate residential dwelling units approved by Planning Commission
33 Resolution #P52-97 were constructed and sold under condominium ownership. As such they
34 are not part of the Oceanside Property.
35
36 In 1999, the County, the State of Florida Department of Community Affairs, Paradise Island
37 Park, Inc. and Key West Oceanside Marina entered into a development agreement allowing
38 the transfer of 22 market -rate TREs from Paradise Island Park to Oceanside Marina. The
39 development agreement was recorded in the official records of Monroe County on April 7,
40 2000 (Book #1627, Pages #444 through #468) (File #99039).
41
42 In 2007, the Oceanside Investors' predecessor in interest applied for an amendment to a
43 major conditional use permit for the Oceanside Property, 5950 and 5970 Peninsular Avenue
44 (real estate #00127420.000000 and real estate #00127420.000100, as well as other property
45 associated with a condominium development). The approval is memorialized by Planning
46 Commission Resolution #P21-07, approved by the Planning Commission at a public hearing
47 on April 11, 2007, signed by the Planning Commission Chair on May 9, 2007 and recorded
Page 3 of 18
1 in the official records of Monroe County on July 13, 2007. The amendment allowed for the
2 demolition of several buildings and construction of 32 attached, market -rate residential
3 dwelling units; 2 boat barns; 8 wct slips; and other associated accessory improvements. A
4 copy of Planning Commission Resolution #P21-97 is attached as Exhibit 6 to the agreement.
5 Please note that this project was not fully completed, and among other approved development
6 not carried out, the 32 dwelling units were never constructed (File #26028).
7
8 In 2013, Oceanside Investors applied for the existing development agreement. The agreement
9 was approved by the BOCC at a public hearing on December 11, 2013, and recorded in the
10 official records of Monroe County on December 19, 2013. The agreement allows the transfer
I I of the 46 market -rate TREs from three sender sites to the property. The agreement also
12 conceptually approved the scope of work of a concurrent major conditional use permit
13 application and associated site plan (File #2013-069). [Please note that as of the date of this
14 report, this project has not been completed. The applicant has 10 years from the effective
15 date of the agreement to complete the project.]
16
17 In 2013, Oceanside Investors applied for an amendment to a major conditional use permit for
18 the Oceanside Property, 5950 and 5970 Peninsular Avenue (real estate #00127420.000000
19 and real estate #00127420.000100). The approval is memorialized by Planning Commission
20 Resolution #PO4-14, approved by the Planning Commission at a public hearing on February
21 26, 2014, signed by the Planning Commission Chair on March 26, 2014 and recorded in the
22 official records of Monroe County on June 13, 2014. The amendment allowed for the
23 property owner to improve the marina's facilities, construct 78 new market rate residential
24 dwelling units (which may be used as vacation rentals), construct 4 new hotel rooms,
25 construct a new restaurant, and carry out associated site improvements (File #2013-068.
26 [Please note that as of the date of this report, this project has not been completed. The
27 applicant has 10 years from the effective date of the agreement to complete the project.]
28
29 In 2013, Oceanside Investors applied for a minor conditional use permit to transfer the 46
30 market -rate TREs to the property. The application is currently being reviewed and processed.
31 It will be decided upon by the Director of Planning & Environmental Resources following a
32 review by the Development Review Committee (File #2013-070).
33
34 In 2014, Oceanside Investors applied for minor conditional use permits to transfer a portion
35 of the Transferable Development Rights (TDRs) required to facilitate the project approved by
36 Resolution 004-14 to the property. The applications arc currently being reviewed and
37 processed. Each will be decided upon by the Director of Planning & Environmental
38 Resources following a review by the Development Review Committee (Files #2014-041 and
39 #2014-139).
40
41 In 2014, Oceanside Investors applied for an abandonment of a segment of Peninsular Avenue
42 located north of the property (lying between Block 46 and Block 60). The abandonment was
43 approved by the BOCC on June 30, 2014, as memorialized in Resolution #116-2014 (File
44 #2014-054).
45
Page 4 of 18
I In 2014, Oceanside Investors entered into a purchase and sales agreement with Monroe
2 County to purchase the Hickory House property located north of the property.
3
4 In 2014, Oceanside Investors applied for an abandonment of a second segment of Peninsular
5 Avenue located north of the property (lying between Block 46 and Block 60). The
6 application is currently being reviewed and processed. It will be decided upon by the BOCC
7 (at a public hearing tentatively scheduled on December 10, 2014) (File #2014-132).
8
9 In 2014, Oceanside Investors applied for a minor conditional use permit to transfer up to 5 of
10 the transient TREs to the property. The application is currently being reviewed and
I I processed. It will be decided upon by the Director of Planning & Environmental Resources
12 following a review by the Development Review Committee (File #2014-141).
13
14 Surnmerland Palms Trailer Park, 24930 Overseas Hyg, Surnmerland Key ("Summerland
15 Palms Propegy"):
16
17 The Planning & Environmental Resources Department issued a Letter of Development
18 Rights determination for the Surnmerland Palms Property on November 7, 2013. The letter
19 states that there are 22 ROGO exemptions, associated with lawful the existence of 22 mobile
20 homes/RVs (as market -rate, permanent residential units) (File #2013-134).
21
22 Rainbow's End Trailer Park, 21585 Old State Rd 4A, Cudjoe Key ("Cudjoe Coco Palms
23 Propelly"):
24
25 On May 13, 2008, a Letter of Development Rights Determination was issued for the Cudjoe
26 Coco Palms. The letter provided a determination that there are 16 ROGO exemptions,
27 associated with lawful the existence of 16 mobile homes (File #28019).
28
29 The Planning & Environmental Resources Department issued a first addendum to the letter
30 on November 26, 2013 stating that there are 17 ROGO exemptions, associated with lawful
31 the existence of 17 mobile homes (as market -rate, permanent residential units). The
32 Department issued a second addendum on January 16, 2014 stating that there are 5 ROGO
33 exemptions, associated with lawful the existence of 5 RVs (as transient residential units)
34 (File #2013-132).
35
36 5176 Suncrest Rd, Stock Island ("Stock Island Suncrest Propegy"):
37
38 The Planning & Environmental Resources Department issued a Letter of Development
39 Rights determination for the Stock Island Suncrest Property on November 14, 2013. The
40 letter states that there are 7 ROGO exemptions, associated with lawful the existence of 7
41 mobile homes (as market -rate, permanent residential units) (File #2013-133).
42
43 Development Review Committee (DRC) and Planning Commission:
44
45 On July 30, 2013, at a public meeting, the original agreement was reviewed by the DRC.
46 Staff and the DRC recommended approval with amendments to the agreement.
Page 5 of 18
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On October 30, 2013, at a public meeting, the original agreement was reviewed and
discussed by the Planning Commission in advance of the November 15, 2013 public hearing.
On November 15, 2013, at a public hearing, the original agreement was reviewed by the
Planning Commission. The Planning Commission recommended approval with amendments
to the agreement. The recommendation is memorialized with Planning Commission
Resolution #P29-13.
On August 26, 2014, at a public meeting, the amended agreement was reviewed by the DRC.
Staff and the DRC recommended approval with amendments to the agreement.
On November 20, 2014, at a public hearing, the amended agreement was reviewed by the
Planning Commission. The Planning Commission recommended approval with the following
revisions to the agreement (as requested by staff):
• The reference to "Hawks Cay' in section I (G) (page 2) shall be removed or revised to
clarify that Village at Hawks Cay, Inc. is not a formal party to the agreement.
• The reference to placing the boardwalk on the 'eastern edge' of the Hickory House and
Abandoned Road in section I (M) (page 4) should be revised to western edge (the
shoreline runs along the west of the property, not the east).
• The opening reference to "Hawks Cay' in section 1 (0) (page 4) shall be revised to
Village at Hawks Cay, Inc.
• The reference to "Hawks Cay' in section III (B) (page 5) shall be removed or revised to
clarify that Village at Hawks Cay, Inc. is not a formal party to the agreement.
• The references to '20.20 gross acres' and '12.20 acres of upland' in section III (B) (page
6) shall be revised to 20.06 gross acres and 12.06 acres of upland.
• The effective date language in section G of the First Amendment (page 8) should be
revised to state the initial effective date of the existing agreement, which has already been
established. The existing agreement is valid for 10 years from the already established
effective date. Otherwise, it should be clearly stated that the intent is provide a new
effective date, which would effectively extend the duration of the agreement by
approximately one year.
• A new conceptual site plan of the Oceanside Property, showing the expanded property
and additional hotel rooms, is required to replace the conceptual site plan approved as
Exhibit 23 of the existing agreement.
Page 6 of 18
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III BACKGROUND INFORMATION:
Oceanside Property - Oceanside Marina, 5948, 5950 and 5970 Peninsular Ave, Stoc
Island, mile marker 5 (Chanp—es from ExistinzAp_reement in italics):
Real Estate (RE) Numbers: 00126210.000000, 00126220.000000, 0012623 0. 000000,
00127420.000000 and 00127420.000100
Current Propegy Owner: Oceanside Investors, LLC
Total Size of Parcels: Approximately 20.06 acres (approximately 12.06 acres of upland)
Land Use District: Mixed Use (MU)
Future Land Use Mgp (FLUM) Designation: Mixed Use / Commercial (MC)
Tier Designation: Tier III
Flood Zones: AE-EL 9, AE-EL 10 and VE-EL 13
Existing Uses: Marina, Commercial Retail, Office, Residential
Existiniz Vegetation / Habitat: Predominately scarified, with mangroves along some
segments of the shoreline and areas landscaping throughout the site
Communily Character: Mixed Use
Page 7 of 18
Oceanside Property with Land Use Districts Overlaid (Aerial dated 2012)
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3
4
5
6
7
8
25
39
28
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32
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Summerland Palms Property - Summerland Palms Trailer Park, 24930 Overseas HW-V,
Summerland Key, mile marker 25:
Real Estate (RE) Numbers: 00194741.000100, 00194741.000200, 00194741.000300,
00194741.000400, 00194741.000500, 00194741.000600, 00194741.000700,
00 194741.000800, 00194741.000900, 00194741.001000, 0019474 1.001100,
00194741.001200, 00194741.001300, 00194741.001400, 00194741.001500,
00194741.001600, 00194741.001700, 00194741.001800, 00194741.001900,
00 194741.002000, 00194741.002100 and 00 194741.002200
Current Propelly Owner: Surnmerland Palms Investors, LLC
Total Size of Parcels: Approximately 0.93 acres (approximately 0.93 acres of upland)
Land Use District: Urban Residential Mobile Home (URM)
Future Land Use Mqp (FLUM) Designation: Residential High (RH)
Tier Designation: Tier III
Flood Zone: AE-EL 8
Existing Use: Mobile Home
Existing Vegetation / Habitat: Predominately scarified, with areas landscaping
throughout the site
Communily Character: Mixed Use
Page 8 of 18
Summerland Palms Property with Land Use Districts Overlaid (Aerial dated 2012)
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3
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3Y
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Cudioe Coco Palms Property — Rainbow's End Trailer Park, 21585 Old State Rd 4A,
Cudioe Key, mfle marker 22:
Real Estate (RE) Number: 00174960.000000
Current Propegy Owner: Coco Palms Developers, LLC
Total Size of Parcel: Approximately 3.42 acres (Unknown amount of upland)
Land Use Districts: Native Area (NA), Urban Residential Mobile Home (URM) and
Suburban Commercial (SC)
Future Land Use Mqp (FLUM) Designations: Residential Conservation (RC), Residential
High (RH) and Mixed Use / Commercial (MC)
Tier Desimation: Tier III
Flood Zone: AE-EL 10
Existiniz Uses: Mobile Home, Commercial Retail, RV
Existing Vegetation / Habitat: Predominately scarified, with mangroves and buttonwood
along some segments of the shoreline and areas landscaping throughout the site
Community Character: Mixed Use
Page 9 of 18
Cudjoe Coco Palms Property with Land Use Districts Overlaid (Aerial dated 2012)
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Stock Island Suncrest Property - 5176 Suncrest Rd, Stock Island, mile marker 5:
Real Estate (RE) Number: 00132680.000000
Current Provegy Owner: Suncrest Landing, LLC
Total Size of Parcels: Approximately 2.07 acres (Unknown amount of upland)
Land Use Districts: Mixed Use (MU) and Native Area (NA)
Future Land Use Mgp (FLUM) Designations: Mixed Use / Commercial (MC) and
Residential Conservation (RC)
Tier Designations: Tier I and Tier III
Flood Zones: AE-EL 8 and AE-EL 9
Existinja Uses: Mobile Home
Existing Vegetation / Habitat: Partially scarified, with significant areas of mangroves
Communily Character: Mixed Use
Page 10 of 18
Stock Island Suncrest Property with Land Use Districts Overlaid (Aerial dated 2012)
1 IV REVIEW OF APPLICATION:
2
3 The BOCC shall have authority to enter into a development agreement by resolution with any
4 person having a legal or equitable interest in real property located within the unincorporated
5 area of Monroe County if the development agreement meets all of the requirements of the
6 Florida Local Government Development Agreement Act, Section 163.3220-163.3243,
7 Florida Statutes; provided, however, that the duration of the development agreement shall not
8 exceed 10 years, and any duration specified in a development agreement shall supersede any
9 conflicting duration otherwise specified in the land development regulations.
10
I I Pursuant to Section 163.3227, Florida Statutes, a development agreement shall include the
12 following:
13
14 [Note: As currently presented, the applicant has drafted a separate addendum to the
15 existing agreement, referred to as the "First Amendment". Therefore, the following
16 referenced page numbers found on the existing agreement will not be modified by
17 revisions to the "First Amendment'.]
18
19 a) A legal description of the land subject to the agreement, and the names of its legal and
20 equitable owners:
21
22 'Original' Oceanside Property: In the existing agreement, a property description is stated
23 in section I and a full legal description is provided in Exhibit 2. Ownership is stated in
24 section I and a special warranty deed is provided in existing Exhibit 1.
25
26 'Expanded' Oceanside Property: In the proposed First Amendment, a property
27 description of the additional land associated with the Hickory House property and the
28 Peninsular Avenue road abandonment is stated sections I (J) and I (L). Ownership is
29 stated in section I and a warranty deed (for the Hickory House property) is provided in
30 new Exhibit 26.
31
32 Summerland Palms Property: In the existing agreement, a property description is stated in
33 section I and a full legal description is provided in Exhibit 9. Ownership is stated in
34 section I and a special warranty deed is provided in existing Exhibit 8.
35
36 CudJoe Coco Palms Property: In the existing agreement, a property description is stated
37 in section I and a full legal description is provided in Exhibit 13. Ownership is stated in
38 section I and a warranty deed is provided in existing Exhibit 12.
39
40 Stock Island Suncrest Property: In the existing agreement, a property description is stated
41 in section I and a full legal description is provided in Exhibit 17. Ownership is stated in
42 section I and a warranty deed is provided in existing Exhibit 16.
43
44 b) The duration of the agreement:
45
Page 11 of 18
1
The agreement shall remain in effect for 10 years from the effective date of the existing
2
agreement (January 22, 2014), as stated in section III (C) of the existing agreement.
3
4
c)
The development uses permitted on the land, including population densities, and building
5
intensities and height:
6
7
Permitted uses on the land(s), population densities, and building intensities and height(s)
8
are provided in section III (D) of the existing agreement and in section III (D) of the
9
proposed First Amendment.
10
11
d)
A description of public facilities that will service the development, including who shall
12
provide such facilities; the date any new facilities, if needed, will be constructed; and a
13
schedule to assure public facilities are available concurrent with the impacts of the
14
development:
15
16
A description of public facilities is stated in section III (E) of the existing agreement.
17
18
e)
A description of any reservation or dedication of land for public purposes:
19
20
There will be no reservation or dedication of land for public purpose. This is stated in in
21
section III (F) of the existing agreement.
22
23
f)
A description of all local development permits approved or needed to be approved for the
24
development of the land:
25
26
Required local development permits are not provided in a single section. The requirement
27
for a major conditional use permit to redevelop the Oceanside Property is provided in
28
section III (M) of the existing agreement. The requirement for a minor conditional use
29
permit to finalize transfer the TREs is provided in section III (L) of the existing
30
agreement. Permit requirements in general are provided in section III (U) of the existing
31
agreement, which states "This Agreement is not and shall not be construed as a
32
Development Permit, Development Approval or authorization to commence
33
development, nor shall it relieve the Parties other than Monroe County of the obligations
34
to obtain necessary Development Approvals that are required under applicable law and
35
under and pursuant to the terms of this Agreement and Monroe County Code."
36
37
g)
A finding that the development permitted or proposed is consistent with the local
38
government's comprehensive plan and land development regulations:
39
40
A finding of consistency is stated in section 111 (0) of the existing agreement.
41
42
h)
A description of any conditions, terms, restrictions, or other requirements determined to
43
be necessary by the local government for the public health, safety, or welfare of its
44
citizens:
45
Page 12 of 18
I A description of any conditions, terms, restrictions or other requirements is not provided
2 in a single section. Such conditions, terms, restrictions and other requirements are
3 provided throughout the existing agreement and proposed First Amendment.
4
5 i) A statement indicating that the failure of the agreement to address a particular permit,
6 condition, term, or restriction shall not relieve the developer of the necessity of
7 complying with the law governing said permitting requirements, conditions, term, or
8 restriction:
9
10 Breach, amendment, enforcement and termination of the development provisions are
I I provided in section III (P) of the existing agreement.
12
13 Pursuant to MCC § 130-161.1(2), a development agreement allowing the transfer of market-
14 rate, permanent residential TREs associated with a mobile home park(s) of more than 10
15 mobile homes shall meet the following criteria:
16
17 a) Procedure - This transfer shall require an approved development agreement:
18
19 The existing agreement serves as a development agreement. Section 163.3220, Florida
20 Statutes, authorizes Monroe County to enter into development agreements with
21 landowners and/or governmental agencies to encourage a stronger commitment to
22 comprehensive and capital facilities planning, ensure the provision of adequate public
23 facilities for development, encourage the efficient use of resources, and reduce the
24 economic cost of development.
25
26 b) Procedure - Minor conditional use approval is required to complete the transfer:
27
28 The applicant is additionally required to receive a minor conditional use permit(s) to
29 finalize the transfer of TREs from the sender sites to the Oceanside Property receiver site.
30
31 c) Requirement - ROGO exemptions transferred under this program may be transferred on a
32 1 for 1 basis where the ROGO exemptions are to be transferred to single-family
33 residential lots or parcels within the same ROGO planning subarea. However, where
34 transfers are to be made to commercial or recreational working waterfronts (as defined by
35 Florida Statutes), or to multi -family projects in non -IS districts, the transfers shall result
36 in no fewer than two deed -restricted affordable or workforce housing units remaining on
37 an eligible sender site(s) for each market rate ROGO exemption transferred:
38
39 The existing agreement involves a transfer on a 1 for 1 basis. Although the receiver site is
40 within the same ROGO planning subarea as all of the sender sites, it does not currently
41 consist of single-family residential lots or parcels. As a plat not required or feasible, after
42 any approval and construction of the residential dwelling units, the developer will
43 establish individual parcels for each of the residential dwelling units via the Monroe
44 County Property Appraiser (with a unique real estate number for each single-family unit).
45
Page 13 of 18
I
Note: Although the proposed 78 residential dwelling units would be attached dwellings,
2
the project is not defined as multi -family by the MCC. As defined in MCC §101-1,
3
dwelling, attached, means a residential dwelling unit consisting of one or more of
4
residential units that are developed without open yards on all sides of the dwelling unit.
5
This definition does not state that attached dwellings are multi -family. Dwelling,
6
apartment, means a multifamily building in which units share common entries or
7
accesses to individual units. This definition does not state that attached dwelling units
8
constitute apartments, and further, the proposal attached dwellings shall not share
9
common entries.
10
11
d)
Requirement - The eligible sender site property(ies) shall be donated or sold to Monroe
12
County, or otherwise appropriately deed -restricted for long-term affordability. Prior to
13
acceptance of a donated or purchased parcel, all units to be maintained on site shall pass a
14
life safety inspection conducted in a manner prescribed by the Monroe County Building
15
Department. Monroe County may then lease the sender site property to a party who will
16
serve as lessee and sub -lessor of the eligible sender site(s):
17
18
The applicant hired a professional to carry out inspections of the mobile home parks.
19
Report(s) have been provided to the County and are currently being reviewed.
20
21
e)
Requirement - The number of transferred ROGO exemptions shall not exceed the number
22
of restricted affordable dwelling units maintained at the eligible sender sites:
23
24
The existing agreement involves the transfer of 46 TREs to the receiver site and the deed-
25
restrictions of 46 affordable housing units at the sender sites.
26
27
f)
Requirement - The resulting development or redevelopment of affordable housing
28
pursuant to the governing development agreement will be targeted to serve as closely as
29
possible the following household income categories: 25% very low income households,
30
25% low income households, 25% median income households, and 25% moderate
31
income households (or as otherwise approved by the BOCC):
32
33
The existing agreement includes an approximate combination of 50% moderate -income,
34
25% median -income and 25% low-income. The applicant requested that allocations
35
associated with the very low-income be reserved for other projects that require very low-
36
income allocations. Specifically:
37
a Suncrest shall be allocated 3 low income and 4 moderate income
38
0 Surnmerland Palms shall be allocated 7 low income, 10 median income and 5
39
moderate income
40
0 Coco Palms Developers shall be allocated I low income, 2 median income and 14
41
moderate income
42
43
g)
Requirement - Lot rents and/or sales prices for resulting deed -restricted dwelling units
44
shall be established in accordance with restrictions outlined in Florida Statutes and/or the
45
Monroe County Code:
46
Page 14 of 18
I
Compliance shall be monitored and an annual report shall be provided by the other
2
Parties.
3
4
h)
Requirement - All units designated by the applicable development agreement to remain
5
as deed restricted affordable housing at the donated, purchased or appropriately deed-
6
restricted site(s) shall comply with hurricane standards established by the Florida
7
Building Code and habitability standards established under the Florida Landlord and
8
Tenant Act. Compliance shall be accomplished in a manner and within a timeframe set
9
forth in the development agreement or, if applicable, in the relevant minor conditional
10
use:
11
12
The existing agreement includes language addressing that any units that do not meet the
13
standards will be improved or replaced prior to receiving an affordable housing deed-
14
restriction (and thus allowing the transfer of the associated market -rate TRE).
15
16
i)
Requirement - A development agreement proposed under this program shall not utilize
17
more than 50% of the existing affordable housing allocations then available to Monroe
18
County, unless otherwise approved by the BOCC:
19
20
The existing agreement requires 46 affordable housing allocations: Surnmerland Palms
21
Property (22), Cudjoe Coco Palms Property (17) and Stock Island Suncrest Property (7).
22
Further, of the 46 affordable housing allocations, 23 would be moderate income, 12
23
would be median income and 11 would be low income.
24
25
The reservation required a separate resolution of the BOCC, pursuant to MCC §138-
26
24(b). On December 11, 2013, the BOCC issued Resolution #403-2013 reserving 46
27
affordable ROGO allocations for 5 years, beginning on the effective date of the existing
28
agreement.
29
30
j)
Requirement - All of the redeveloped or preserved affordable housing units, whether
31
redeveloped or retained at the original sender site(s), or at alternate or additional
32
locations, shall remain in the same planning sub -district as the original sender site(s):
33
34
All of the sender sites and the receiver site subject to the agreement are located in the
35
Lower Keys ROGO subarea.
36
37
Pursuant to MCC § 130-161.1(2), a receiver site of the transfer of market -rate, permanent
38
TREs associated with mobile home parks shall meet the following criteria:
39
40
a)
Approval of a minor conditional use permit:
41
42
The applicant is additionally required to receive a minor conditional use permit(s) to
43
finalize the transfer of TREs from the sender sites to the Oceanside Property receiver site.
44
45
b)
The receiver site shall be located in a Tier III designated area:
46
Page 15 of 18
1
The Oceanside Property receiver site is designated Tier III.
2
3
c)
The receiver site shall not be located in a velocity (V) zone:
4
5
A small portion along the southern shoreline of the receiver site is located in a velocity
6
(V) zone (VE-EL 13). The property is not located exclusively in a velocity (V) zone. It is
7
predominately located in AE-EL 9 and AE-EL 10 flood zones. As shown on the
8
conceptual site plan attached to the agreement, the site within the property for the
9
proposed 78 new units would not be located in the in the velocity (V) zone.
10
I I
d)
A property owner cannot receive a certificate of occupancy for any unit constructed as a
12
result of a transferred ROGO exemption until all corresponding eligible sender site units
13
are completed and deed -restricted as affordable dwelling units:
14
15
This requirement is stated several times in the existing agreement.
16
17
e)
All or any portion of the redeveloped or preserved affordable housing units may be
18
redeveloped or retained at one or more alternate or additional locations donated or sold to
19
Monroe County, identified in the Development Agreement and otherwise compliant with
20
the remainder of this section, including but not limited to the requirements set forth in
21
MCC § 13 0-161.1 (2)(c)(i)(2):
22
23
Not applicable.
24
25
f)
Transferred ROGO-exemptions shall remain in the same ROGO planning subarea:
26
27
All of the sender sites and the receiver site subject to the agreement are located in the
28
Lower Keys ROGO subarea.
29
30
Other Issues related to this Amendment:
31
32
Conceptual,4pproval ofSite Plan:
33
34
This agreement includes a conceptual site plan for the redevelopment of the Oceanside
35
Property. Staff suggested, and the applicant accepted, language so that the applicant may
36
submit the conceptual site plan as part of this development agreement for review and
37
consideration, but not for final. approval.
38
39
A new conceptual site plan was provided showing the future redevelopment of the newly
40
acquired property and abandoned portion of Peninsular Avenue.
41
42
Residential Density and Maximum Floor Area Ratio (§130-157, §130-162 & §130-164)
43
of expanded Oceanside Property:
44
45
The existing agreement refers to 11.18 acres of total upland as associated with the
46
property.
Page 16 of 18
2
3
4
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
The existing agreement allows for up to 5 hotel rooms (however density limitations
resulted in the approval of only 4 by the major conditional use permit). The proposed
First Amendment allows for up to 17 hotel rooms. The intensity of other uses would not
be amended.
Prnnnved T.and I Jse Intensity (Not Using TDRs for Hotel Rooms):
Land Use
FAR —7ize
Density
of Site
Max
Allowed
Proposed -
FPotenhal
Used
Oceanside Prope
Permanent
Residential
12 units
buildable ac
12.06 upland ac
(9.65 uildable ac)
115.80
units
78 units
67.36%
Transient
Residential
10 roomsl ac -'
(allocated)
12.06 upland ac
(9.65 buildable ac)
120.60
rooms
17 rooms
14.01%
Commercial Retail
(low -intensity)
0.35 FAR
12.06 upland ac
(525,489 SF)
183,921 SF
3,023 SF 3
1.64%
Offices
0.40 FAR
12.06 upland ac
(525,489 SF)
210,195 SF
225 SF
0.11%
Oceanside East Dry Stora e C ndominium
_%
Boat Storage
(Light Industrial)
N/A 4
1
12.06 upland ac
1 (525,489 SF)
262,744 SF
21,924 SF
FO, 0
Oceanside Residential Condominium
Permanent
Residential
12 units /
buildable ac
1 12.06 upland ac
(9.65 buildable ac)
115.80
units
22 units
19.00%
Cumulative Total
102.12%
2:
3:
4:
Page 17 of IS
This is maximum net density (12 dwelling units per buildable acre), not allocated density
(I dwelling unit per acre), as the applicant intends to utilize TDRs to allow a total of
permanent residential units that is beyond that allowed by the allocated density
allowance.
This is allocated density (10 rooms per acre), not maximum net density (15 rooms per
buildable acre), as the applicant has not stated any intent to utilize TDRs to allow a total
of transient residential units that is beyond that allowed by the allocated density
allowance.
The low -intensity commercial retail total includes the 1,240 SF marina store / watersports
management and 1,783 SF restaurant seating areas.
Pursuant to a recent text amendment to the Monroe County Code (adopted by Ordinance
#019-2013), boat bams consist of nonresidential floor area and are thereby subject to a
FAR. Prior to the text amendment, the floor area of a boat bam was not considered
nonresidential floor area if its total floor area did not exceed 50% of the total land area on
which it was situated. This application was submitted prior to the effective date of
Ordinance #019-2013. Further, a condition of the last major conditional use permit
approval, #2 of #P21-07, expressly referred to this prior provision. Therefore, as the
applicant submitted the plans in reliance of this previous provision, and at a time in which
the provision was in effect, the table does not reflect the current light industrial FAR
requirement of 0.30 as the floor area of the boat bam (21,924 SF) does not exceed 50% of
the total land area (487,000 SF).
Proposed Land Use Intensity (Using TDRs for Hotel Rooms):
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Land Use,
FAR / -7ize
of Site
Max
Proposed I
Potential
I
Density
Allowed
Used
Oceanside Property:
Permanent
12 units
12.06 upland ac;
115.80
78 units
67.36%
Residential
buildable ac
(9.65 buildable ac)
units
Transient
15 roomsl
12.06 upland ac
144.75
17 rooms
11.74%
Residential
buildable aC 2
(9.65 buildable ac)
rooms
(max net)
Commercial Retail
0.35 FAR
12.06 upland ac
183,921 SF
3
3,023 SF
1.64%
(low -intensity)
(525,489 SF)
Offices
0.40 FAR
12.06 upland ac
210,195 SF
225 SF
0.11%
I
. (525,489 SF)
Oceanside East Dry Storage Condominium
Boat Storage
N/A
1
12.06 upland ac
262,744 SF
21,924 SF
0.0 %*
(Light Industrial)
(525,489 SF)
Oceanside Residential Condominium
Permanent
12 units /
12.06 upland ac
115.80
22 units
19.00%
Residential
buildable ac
1 (9.65 buildable ac)—
units
Cumulative Total
99.85%
1 : This is maximum net density (12 dwelling units per buildable acre), not ahocated density
(1 dwelling unit per acre), as the applicant intends to utilize TDRs to allow a total of
permanent residential units that is beyond that allowed by the allocated density
allowance.
2: This is maximum net density (15 rooms per buildable acre), not allocated density (10
rooms per acre). However, the applicant has not stated any intent to utilize TDRs to allow
a total of transient residential units that is beyond that allowed by the allocated density
allowance.
3 : The low -intensity commercial retail total includes the 1,240 SF marina store / watersports
management and 1,783 SF restaurant seating areas.
4: Pursuant to a recent text amendment to the Monroe County Code (adopted by Ordinance
#019-2013), boat barns consist of nonresidential floor area and are thereby subject to a
FAR. Prior to the text amendment, the floor area of a boat barn was not considered
nonresidential floor area if its total floor area did not exceed 50% of the total land area on
which it was situated. This application was submitted prior to the effective date of
Ordinance #019-2013. Further, a condition of the last major conditional use permit
approval, #2 of #P21-07, expressly referred to this prior provision. Therefore, as the
applicant submitted the plans in reliance of this previous provision, and at a time in which
the provision was in effect, the table does not reflect the current light industrial FAR
requirement of 0.30 as the floor area of the boat barn (21,924 SF) does not exceed 50% of
the total land area (487,000 SF).
V RECOMMENDATION:
The Planning & Environmental Resources Department recommends approval (staff reserves
the right to request additional revisions as analysis continues).
Page 18 of 18
Thb instrument prepared
by and return to:
Barton W. Smith, Esq.
Smith I Orope7A P.L
138 — 142 Simonton St
Key West� Florida 33040
THIS PARTIAL TRANSFER AND ASSIGNMENT OF DEVELOPMENT RIGHTS (hereinafter
referred to as this "Tninsfer"), made this 2 of-lsda:y November, 2014, by ANDREW NOVAK and
SHARON NOVAK, joHN NOVAK and RITA NOVAK (collectively, the "Thansferor"), having an
address at 112 Garboski Rd., Stockton, NJ 08559-1918 to VILLAGE AT 14AWKS CAY, INC., a Florida
corporation, having an address at 10 10 Kennedy Drive #302, Key West, Florida 33040 to ("Transferee").
WHEREAS, Transferor is the owner of Unit D-046 of Village at Hawles Cay (as more particularly
described in that certain Warranty Deed, recorded in Official Records Book 1525, at Page 2468, of the
Public Records of Monroe County, Florida (hereafter referred to as the "Unit");
WHEREAS, Transferor is the holder of two bedroom allocations assigned to Transferor from Thmsferee
pursuant to the Partial Transfer and Assignment of Development Rights dated August 22, 2011, recorded
in Official Records Book 2532, at Pap 307, of the Public Records of Monroe County, Florida, and
WHEREAS, Transferee has requested Tnmsferor to transfer and assign back to Transferee for the benefit
of Oceanside Investors, LLC a building right allocation to construct one (1) additional bedroom at real
property located at 5950 — 5970 Peninsular Avenue, Stock Island, Florida C'Oceanside Property"), and
Transferor has agreed to such trarisfer, and
NOW THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, Transferor
do hereby covenant and agree as follows:
2. Transferor does hereby assign, grant, bargain, transfer, sell and convey to Transferee
one (1) bedroom allocation held by Transferor, which bedroom allocation shall be
subsequently transferred to Oceanside Investors, LLC. This transference and assignment and
any consideration given in exchange for the transference and assigrunent of the bedroom is
contingent upon the successful transference fi-om Transferee to the Oceanside Property.
2. This Transfer and all the covenants of Transferor hereunder shall rim with the land and bind
Transferor and Transferee, the respective successors and assigns of Transferor (and each of them) and all
owners, encumbrances and tenants of the Unit, and shall inure to the benefit of Transferee, its successors
and assigns.
[Rest of Page Intentionally Left Blank, Signature Pages to Follow]
IN WITNESS WBEREOF, the parties hereto have set their hands and seals the day and year first
,?bove written -
Andrew Novak
Witness I If
��v ZNo�
Print Name, j""!
Witness 2
Print Narnezvz��-�-'
I
Lk7amig In
The foregoing instrument was acknowledged before me on this _LY day of
2014, by Andrew Novak. Who produced adrajoa Lfr&-60— as identification or is
personally known to me.
.0
otary F�iblic
N�, = I
witriess I
VAW)-: 0.
Witness 2
WAW W. 0 0 P
� M—Ab
LW*7 MUM oil
WV�AZN,J
/--S&r-�n Novak
The foregoing instrument was acknowledged before me on this J.,f day ofA&&a.
2014. by Sharon Novak. Who produced —a I
personally known to me.
'I�ofiu� Pubhc
I
FITMEMM
Witness 1
A
C7116A a- N oav A�k
Witness 2
M, V.A MW. - WN-A
Ile foregoing Mistruinent was aqlTowledged before me on this ZK day of,&j,1gm&j P
2014, by John Novak. Who produced a ]X. Ic[S L�� as identification or is personally
known to me.
1-16ta�y Puiblr�ic�
Witness I
Witaess 2
State of &IL
County of
The foregoing instrument was q!*nowledged before me on this Yday-of
2014, by Rita Novak. Who produced as identification or is personally
known to me.
Notary Public
Vm�sin
President of at
Hawk's Cay, �
Witness 2
AVG-
State of vi
County of- -v%AaRL.
The foregoing instrument was acknowledged before me on thiq
2014, by Pritam Singh, as President of Village at Hawk's Cay,
as identification or is personaIly kno
41-
L day of j)MAY%b.V
Who produced a
Public Hearing 3:OOPM
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 10, 2014 Division: Emergengy Services
Bulk Item: Yes No X Department: Fire Rescue
Staff Contact Person/Phone #: D. Horachek / 289-6004
AGENDA ITEM WORDING: Public Hearing regarding the Issuance of a Class A Certificate of
Public Convenience and Necessity (COPCN) to City of Key West Fire Department (KWFD) for the
operation of an ALS transport ambulance service for the period December 10, 2014 through December
9,2016.
ITEM BACKGROUND: Pursuant to the requirement of Monroe County Code 11-173(a) an
application for the issuance of a Class A COPCN has been received from KWFD to operate an ALS
transport service in the City of Key West, Florida proper, including the areas of North Stock Island, and
U.S. Naval properties which belong to the Key West Naval Air Station located within the Key West
City limits. In addition to the foregoing, KWFD will provide inter -facility transports in all geographical
locations of Monroe County, Florida.
PREVIOUS RELEVANT BOCC ACTION: None.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: None.
TOTAL COST:0.00 INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE: n/a
COST TO COUNTY:0.00 SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty 4z OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION:
Revised 7/09
AGENDA ITEM #
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 10, 2014
Bulk Item: Yes No X
3:00 Public Hearing
Division: Budget & Finance
Department: OMB
Staff Contact Person/Phone 9:-Christina Brickell X4466
AGENDA ITEM WORDING- A Public Hearing to consider approval of a resolution for a Budget
Amendment of Fiscal Year 2015 Marathon Airport Fund 403.
ITEM BACKGROUND: There are additional funds in Fund 403 due to the transfer of funds from
Key West Airport in August 2014 that were not included in the FY15 Budget. Grant funded projects
such as Customs Boarder Protection did not start as anticipated. A budget amendment is being
requested to utilize these funds for the continued development of Monroe County Airports through
matching funds for FAA and FDOT grant funded Projects.
PRE VIOUS RELEVANT BOCC ACTION: At last month's BOCC meeting, the Board approved to
advertise a public hearing for a budget amendment for Fund 403. On September 11, 2014, the BOCC
adopted the FY2015 Operating and Capital Budget.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS. Approval
TOTAL COST: N/A
BUDGETED: Yes No
COST TO COUNTY:- N/A SOURCE OF FUNDS: Fund Balance. Fund 403
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty. /purchasing Risk Management
DOCUMENTATION: Included
DISPOSITION:
Revised 8/06
To Follow Not Required
AGENDAITEM#
Resolution No. -2D14
A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS
W 11 EREAS, it is necessary to conduct a public hearing as required by section 129.03, Florida Statutes, to arriend the following: Marathon
Airport Fund 403- for the fiscal year beginning October 1, 2014 and ending September
30, 2015,
now therefore,
BE IT RESOLVED BYTHE BOARD OF COUNTY COMMISSIONERS OF MONROE
COV�N'TV, FLORIDA, tha(a Public Hearing
was conducted on December 10, 2014, at 3;00 P.M. to amend the Marathon Airport Fund 403 budget and to adopt tile
amended budgets as follows:
Marathon Airport - Fund 403
Current
ljic./(Dec.)
Revised
Revenues-.
Budget
Budget
403-344104SA Other Rents
$600,000.00
$0,00
$600,000.00
403-344105SA Airline Fees
$10,300.00
S0,00
$10,300.00
403-344106SA Other Fees
S200,000�00
S0.00
$200,000.00
403-361005GI Itnerest Earnings
S1,000,00
$0.00
$1,000.00
403-38 1 *** Inlerfund Transfers In
$10,000,00
$0.00
$10,000.00
403-389001 Less 3% I'L Statute
($40,565.00)
$0.00
-$40,565.00
403-389002 Fund Balance Forward
$740,129.00
$1,036,250.00
S1,776,378.00
403-33 1 ***,334***,341 Various Federal & State Grants
_$2 2 f) 3 9_2 2 2 1
$0.00
$2,263,822.2.1
Tota 1
$3,784,685.21
S1,036,250.00
S4,820,935.21
Appropriations:
403
63501 51 0**+,53D***,560*-** Marathon Airport O&M $919,740.00
$0.00
$919,740.00
403
63502 560640 Marathon Airport R&R $9,667.21
$1,036,250.00
S 1,045,917.21
403
63572 530340 Mosquito Control Hanger $24,000.00
SO.00
S24,000.00
403
035* 530***,56D*** Various Federal & Slate Grants $2.604,155.00
SO.00
$2,004,155-00
403
85535 590990 Rescrves 403 $116,858.00
SO.00
$116,858.00
403
85535 590991 Reserves 403 $110,265.00
$0.00
$J 10,265.00
Total $3,784,685.21
S1,036,250.00
S4,820,9135.21
sD 00
SO.00
$0,00
BE IT FITRTUER RESOLVED BY SAID BOARD, that the Clerk, of said Board, upon receipt of the above, is hereby
authorized and directed to make necessary changes of said iterns, as set forth above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida. at a regular niecting of the
Board on the I 01h day of December, AD 2014.
Mayor Kolhage
Mayor Pro Teni Carruthers
Commissioner Neugent
Commissioner Rice
Commissioner Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
By:
(Seal)
Attest: AMY HEAVILIN, Clerk
NOTWE OF SUPPLEMENTAL
BUDGET HEARING
Pursuant to the provisions of Section 129.03, Florida Statutes, notice is hereby given that a Public Hearing will be held by (lie Board of
County Commissioners ofMoTiroe County, Florida, on December 10, 2014 at the hourol`3�00 P.M. at the Marathon Oovennmcnt Center,
2798 Overseas Highway, Marathon, FL (MM50) for the purpose ofreceiving any comments for the proposed supplemental Budget
Amendment for the fiscal year beginning October 1, 2014, and ending September 30, 2015 for Marathon Airport
Fund 403.
Marathon Airport - Fund 403
Current
lnc.,'(Dcc�)
Revised
Revenues:
Budget
Budget
403-344104SA
Other Rents
$600.000.00
$0.00
$600,000�00
403-344105SA
Airline VUCS
S10,300.00
$0.00
SI0,30U0
403-344106SA
Other Fees
$200,000.00
$0.00
$200,000,00
403-361005GI
Intercst Earnings
$1,000.00
$0.00
Sl'00U0
403-381'
Inw7fund Transfers in
$10,000.00
$0.00
$10,000,00
403-389001
Less ilo FL Statute
($40,565.00)
$0.00
($40,565.00)
40-389002
Fund Balance Forward
$740.128.00
$1,036,250.00
$1,776,378 00
403�33 1 ***,334***,34 1
Various Federal & State Grants
$1,263,822 21
$000
$2,263,822 21
Total
S3,784,685.21
S1,036,250.00
S4,820,935.21
Appropriations:
403
63501
510***,530***,560"*
Marathon Airport O&M
$919,74000
$0.00
$919,740.00
403
63502
560640
Marathon Airport R&R
$9,667.21
$1,036,250.00
$1,045,917,21
403
63572
530140
Mosquito Control Hanger
$24,000.00
$0,00
$24,000�00
403
635*
530***,560***
Vanous 1-cderal & State Grants
$16W,155 00
$0.00
$2,604,155 00
403
85535
590990
Reserves 403
$1 t 6,858.00
$0.00
$116,95900
403
85535
590991
Resurves 403
$110,265.00
$0�00
$110.265�O
Total
S3,784,685.21
$1,036,250.00
S4,820,935.21
S000
$G.00
$090
December 8. 2014 Key Wt-st Citizen
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BOARD OF COUNTY COMM[ISSIONERS - PUBLIC HEARING
AGENDA ITEM SUMMARY 3:00PN/1
Meeting Date: December 10, 2014 Division: Public Works/ Engineering
Bulk Item: Yes No X Department: Wastewater
StaffCaidadPersm4bom#-TinaLoSacco/ext6O5I
AGENDA ITEM WORDING: Approval of a resolution renewing the intent to use the uniform method
to collect non -ad valorem special assessments toward the cost of providing wastewater utility services to
properties on Stock Island, Key Haven, Big Coppitt Lower Sugarloaf through Big Pine Key, No Name
Key, Long Key, Duck Key excluding Indies Islands and three parcels on Boca Chica.
ITEM BACKGROUND: Under F.S. 197.3632(3)(a), the public hearing must be held by January 1, or,
if the Tax Collector, Property Appraiser and County agree, by March 1, with a copy of the resolution
mailed, once adopted, to the Tax Collector, Property Appraiser and Florida Deparl3nent of Revenue by
January 1 01h or March 101h, if extended by approval from the Tax Collector and Property Appraiser. A
notice of the public hearing has been advertised for four consecutive weeks. This resolution protects the
option for levying the assessments using this method in October 2015.
PREVIOUS RELEVANT BOCC ACTION: On December 20,2006, the BOCC approved Resolution
No. 635-2006, stating the County's intent to use the uniform method of collecting non -ad valorem
assessments in Duck Key, Cudjoe-Summerland, Big Coppitt and Stock Island Phase H. On November
20, 2007, the BOCC approved Resolution No. 568-2007, with a notice of intent for the non -ad valorem
assessment program for properties in Lower Sugarloaf through Big Pine Keys, and Long Key, but the
assessment levy was delayed pending completion of the funding plan. On December 17, 2008, the
BOCC approved a similar resolution 515-2008 for Key Haven, Lower Sugarloaf through No Name Key,
and Long Key. On December 16, 2009, the BOCC approved Resolution No. 463-2009, for Key Haven,
Lower Sugarloaf through Big Pine Key, and Long Key. On December 15,2010, the BOCC approved
resolution 469-2010 for Key Haven, Lower Sugarloaf through No Name Key, Long Key, and three
parcels on Boca Chica, including assessments for both central sewer service and optional service for
onsite systems in areas to which central sewers will not be provided. On December 14, 2011, January 16,
2013 and January 16, 2014 the BOCC approved, respectively, Resolution No. 440b-20 1, Resolution No.
0 1 7-2013and Resolution No. 0 18-2014, stating the County's intent to use the uniform method of
collecting non -ad valorem assessments on Key Haven, Lower Sugarloaf through Big Pine Key, No
Name Key, Long Key and three parcels on Boca Chica, including assessments for both central sewer
service and optional service for onsite systems in areas to which central sewers will not be provided.
CONTRACT/AGREEMENT CHANGES: NA
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: BUDGETED: Yes No COST TO COUNTY:$
SOURCE OF FUNDS: REVENUE PRODUCING:— Yes —No
AMOUNT PER MONTH Year
APPROVED BY: County Atty q11 OMB/Purchasing Risk Management
DOCUMENTATION: Included Not Required
DISPOSITION: AGENDA ITEM #
RESOLUTION NO. -2014
A RESOLUTION OF MONROE COUNTY, FLORIDA ELECTING
TO USE THE UNIFORM METHOD OF COLLECTING NON -AD
VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN THE
UNINCORPORATED AREA OF THE COUNTY; STATING A
NEED FOR SUCH LEVY; PROVIDING FOR THE MAILING OF
THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Monroe County, Florida (the "County") is contemplating the imposition
of special assessments for the provision of wastewater utility services; and
WHEREAS, the County intends to use the uniform method for collecting non -ad
valorem special assessments for the cost of providing wastewater utility services,
including both central sewer service and optional service for onsite systems in areas to
which central sewers will not be provided, for properties in Stock Island, Key Haven, Big
Coppitt, Lower Sugarloaf through Big Pine Key, No Name Key, Long Key, Duck Key
excluding Indies Islands and three parcels on Boca Chica, authorized by section
197.3632, Florida Statutes, as amended, because this method will allow such special
assessments to be collected annually commencing in October 2015, in the same manner
as provided for ad valorem taxes; and
WHEREAS, the County previously held public hearings in the past seven years,
adopting resolution Nos. 635-2006, 568-2007, 515-2008, 463-2009, 469-2010, 440b-
2011, 017 — 2013 and 018-2014; and
WHEREAS, the BOCC held a duly advertised public hearing prior to the adoption
of this Resolution, proof of publication of which being attached hereto as Exhibit A;
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. Commencing with the fiscal year beginning on October 1, 2015, the
County intends to use the uniform method of collecting non -ad valorem assessments
authorized in section 197.3632, Florida Statutes, as amended, for collecting non -ad
valorem assessments for the cost of providing wastewater utility services. Such non -ad
valorem assessments shall be levied within Stock Island, Key Haven, Big Coppift, Lower
Sugarloaf through Big Pine Key, No Name Key, Long Key, Duck Key and three parcels
on Boca Chica, including assessments for both central sewer service and optional
service for onsite systems in areas to which central sewers will not be provided. A legal
description of each area subject to the assessment is attached hereto as Exhibit B and
incorporated by reference.
Section 2. The County hereby determines that the levy of the assessments is
needed to fund the cost of wastewater utility services within the geographic areas
described above.
Section 3. Upon adoption, the County Clerk is hereby directed to send a copy of
this Resolution by United States mail to the Florida Department of Revenue, the Monroe
County Tax Collector, and the Monroe County Property Appraiser by January 10, 2015.
Section 4. This Resolution shall be effective upon adoption
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of the Board held on the 1 01h day of December,
2014.
Mayor Danny L. Kolhage
Mayor Pro Tern Heather Carruthers
Commissioner George Neugent
Commissioner David Rice
Commissioner Sylvia Murphy
Attest: AMY HEAVILIN, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
0
Deputy Clerk
By:
Mayor
MON�PE COUNTY ATTORNEY
V t) RM:
ArqROY
1,
a _ k r
ASSISTANT CqtXJJ� ATTO NEY
2
EXHIBIT A
PROOF OF PUBLICATION
(copy of legal notice as submitted to the media; proof of publication to be inserted upon receipt
after final publication)
EXHIBIT B
STOCK ISLAND AREA
That portion of the unincorporated area bounded on the west by Cow Key Channel, on the east
by Boca Chica Channel, on the north by the centerline of U.S. 1 (State Road No. 5), and of the
south by the Atlantic Ocean.
KEY HAVEN AREA
That portion of the unincorporated area bounded on the west by Florida Bay, on the east by
Atlantic Ocean, on the north by Florida Bay, and on the south by US1 and Stock Island (between
MM 5.5 and 6.0), Monroe County, Florida.
BIG COPPITT AREA
That portion of the unincorporated area bounded on the west by Boca Chica Channel, on the east
by Shark Channel, on the north by Florida Bay, and on the south by the Atlantic Ocean (between
Mile Markers 7 and 11) Monroe County, FL.
LOWER SUGARLOAF THROUGH BIG PINE KEY, NO NAME KEY AREA
That portion of the unincorporated area bounded on the west by Lower Sugarloaf Sound, on the
east by Big Spanish Channel and Bahia Honda Channel, on the north by Florida Bay, and on the
south by Atlantic Ocean (between MM 16.5 and 35), Monroe County, Florida.
LONG KEY AREA
That portion of the unincorporated area bounded on the west by Long Key Viaduct, on the east by
Channel 5, on the north by Florida Bay, and on the south by Atlantic Ocean (between MM 65 and
71), Monroe County, Florida.
DUCK KEY AREA
That portion of unincorporated area bounded by the north by U.S. Highway 1, on the west by
Tom's Harbor Channel, on the south by Hawk's Channel and on the East by Tom's Harbor Cut;
but excluding Indies Islands.
THREE PARCELS ON BOCA CHICA
The properties identified by the Property Appraiser's Parcel ID numbers: 00122870-000000,
00122880-000000, and 00122890-000000.