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Item R3BOARD OF COUNTY COMMISSIONERS County of Monroe A Mayor Heather Carruthers, District 3 ( T$ne Florida Keys (, Mayor Pro Tem George Neugent, District 2 t� ) ��` �� �' Danny L. Kolhage, District 1 David Rice, District 4 Sylvia J. Murphy, District 5 County Commission Meeting October 19, 2016 Agenda Item Number: R.3 Agenda Item Summary #2033 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Mayte Santamaria (305) 289-2500 3:OOPM AGENDA ITEM WORDING: A public hearing to consider an ordinance by the Monroe County Board of County Commissioners amending the Monroe County Land Use District (Zoning) Map from Improved Subdivision (IS) to Mixed Use (MU), for property located at 105030 Overseas Highway, Key Largo, Mile Marker 105, legally described as Block 3, Lot 11, of the Revised Amended Plat of Riviera Village Subdivision (Plat Book 2, Page 80), Key Largo, Monroe County, Florida, having Real Estate 4 00510640.000000, as proposed by 3JL, LLC (formerly Andrew Andrushko). ITEM BACKGROUND: On January 11, 2016, the property owner, Andrew Andrushko, submitted an application requesting an amendment to the Monroe County Land Use District (Zoning) Map from Improved Subdivision (IS) to Mixed Use (MU), for the existing commercial/office use on property located at 105030 Overseas Highway, Key Largo, having real estate number 00510640.000000. The present applicant, 3JL, LLC, purchased the property on September 13, 2016 from the former applicant, Andrew Andrushko. On September 15, 2016 3JL, LLC, the new property owner, submitted a revised application requesting to continue with the amendment to the Monroe County Land Use District (Zoning) Map from Improved Subdivision (IS) to Mixed Use (MU), for the existing commercial/office use on property located at 105030 Overseas Highway, Key Largo, having real estate number 00510640.00000000510640-000000. The subject property currently has a Future Land Use Map (FLUM) designation of Residential Medium (RM) and a Land Use District designation of Improved Subdivision (IS). The current regulations pertaining to permitted uses do not allow an office use and the use is considered nonconforming to the provisions of the code and the comprehensive plan. The applicant is requesting to amend the FLUM designation for the existing office use from Residential Medium (RM) to Mixed Use/Commercial (MC), together with the associated LUD amendment (IS to MU), to eliminate the nonconformity to the existing office use. On May 22, 2015, Monroe County Planning staff issued a Letter of Understanding, which determined that the existing office use existed lawfully in 1992 and was deemed nonconforming by the final adoption of the LUD map. Staff also determined that the existing office use existed lawfully in 1997 and was deemed nonconforming by the final adoption of the FLUM. The proposed LUD amendment would result in a decrease in residential development potential of 0.96 dwelling unit. The maximum increase in nonresidential development potential would be 1,176 square feet. On June 15, 2016, the BOCC transmitted the draft ordinance for the proposed FLUM amendment to the Florida Department of Economic Opportunity (DEO), which reviewed the proposal and issued an Objections, Recommendations and Comments (ORC) Report, received by the County on September 6, 2016. The ORC report did not identify any objections or comments on the proposal. PREVIOUS RELEVANT BOCC ACTION: On June 15, 2016, at a regularly scheduled meeting, the Board of County Commissioners adopted Resolution 4133-2016, transmitting to the state land planning agency an ordinance amending the FLUM for the subject property from RM to MC. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: Ordinance_ adopt LUD from IS to MU Ordinance Exhibit 1 - Location Map Staff Report Land Use Amendment Maps Letter of Understanding 5/22/2015 (File 4 2015-059) Development Review Committee Resolution No. DRC 02-16 Planning Commission Resolution No. P14-16 3JL, LLC info FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: h]XTA1IHIlt-Is If yes, amount: Kevin Bond Completed Mayte Santamaria Completed Assistant County Administrator Christine Hurley 10/03/2016 10:26 AM Steve Williams Completed Jaclyn Carnago Completed Budget and Finance Skipped Maria Slavik Skipped Mayte Santamaria Completed Kathy Peters Completed Board of County Commissioners Pending 09/29/2016 10:24 AM 09/29/2016 12:20 PM Completed 10/04/2016 12:02 PM 10/04/2016 1:30 PM 09/29/2016 12:12 PM 09/29/2016 12:12 PM 10/04/2016 1:46 PM 10/04/2016 1:54 PM 10/19/2016 9:00 AM 3 ` 4 5.; 6 7 MONROE COUNTY, FLORIDA 8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 9 ORDINANCE NO. -2016 10 1.1 AN ORDINANCE BY THE MONROE COUNTY BOARD OF 12 COUNTY COMMISSIONERS AMENDING THE MONROE 13 COUNTY LAND USE DISTRICT (ZONING) MAP FROM 14 IMPROVED SUBDIVISION (IS) TO MIXED USE (MU), FOR 15 PROPERTY LOCATED AT 105030 OVERSEAS HIGHWAY, KEY 16 LARGO, APPROXIMATE MILE MARKER 105, DESCRIBED AS 17 LOT 11, BLOCK 3, REVISED AMENDED PLAT OF RIVIERA 18 VILLAGE, PB2/P80 OF THE PUBLIC RECORDS OF MONROE 19 COUNTY, FLORIDA, HAVING REAL ESTATE NUMBER 20 00510640-000000 AS PROPOSED Y ML, LLC (FORMERLY 21 ANDREW P. AND US O); PROVIDING FOR SEVE ABILITY; 22 PROVIDING FOR REPEAL OF CONFLICTING VISIONS; 23 PROVIDING FOR TRANSMITTAL TO THE STATE LAN 24 PLANNING AGENCY AND THE SECRETARY OF STATE; 25 PROVIDING FOR AMENDMENT TOT E LAND USE DISTRICT 26 (ZONING) P, PROVIDING FOR AN EFFECTIVE DATE. 27 28 29 WHEREAS, on September 15, 2016, 3JL, LLC (formerly Andrew P. Andrushko on January 30 11, 2016), submitted a revised application requesting to amend the Monroe County Land Use 31 District (Zoning) reap from Improved Subdivision (IS) to Mixed Use (MU); and 32 33 WHEREAS, the subject property is located at 1.05030 Overseas Highway, Ivey Largo, 34 approximate Haile marker 105 and is described as Lot 11, Block 3, Revised Amended Plat of 35 Riviera Village, PB2/P80 of the Public Records of Monroe County, Florida, having real estate 36 number 00510640-000000; and. 37 38 WHEREAS, 3L, LLC operates an office use at the subject property with a current Land. 39 Use (Zoning) designation of 1S, which does not allow a commercial office use in the current 40 configuration, and the current use is therefore considered nonconforming to the provisions of the 41 current Land Development Code; and 42 43 WHEREAS, 3JL, LLC is requesting a change to the Land Use (Zoning) designation in order 44 to eliminate the nonconformity for the existing commercial office use; and 45 Ordinance No. -2016 Pa Packet Pg. 3209 I WHEREAS, at a regularly scheduled meeting held on the 291h day of March, 2016,.the 2 Monroe County Development review Committee considered the proposed amendment and 3 recommended approval; memorialized by resolution No. DRC 02-1 d; and 00 CD 4 ' 5 WHEREAS, at a regularly scheduled meeting held on the 271'' day of April, 2016, the h Monroe County Planning Commission held a public hearing for the purpose of considering the 7 proposed Land Use (,Zoning) map amendment; and 8 9 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P14-16, 10 recommending to the Monroe County Board of County Commissioners approval of the proposed c 11 amendment contingent upon the adoption and effectiveness of the corresponding FLUM 12 amendment; and 13 14 WHEREAS, at a regularly scheduled meeting held on the 15"' day of June, 2016, the — 15 Monroe County Board of County Commissioners held a public hearing, considered the staff 16 report, and provided for public comment and public participation in accordance with the 17 requirements of state law and the procedures adopted for public participation in the planning 18 process, and approved Resolution. No. 133-2016 to transmit to the State Land Planning Agency 19 (the Department of Economic Development, or "DEC)") an ordinance to amend the subject 20 property's Future Land Use Map designation from residential Medium (RM) to Mixed 21 Use/Commercial (MC); and 22 23 WHEREAS, on September 6 2016, the County received the State Land Planning Agency's 24 Objections, Recommendations, and Comments (ORC) report, which included no objections or 25 comments on the proposed FLUM amendment; 26 27 WHEREAS, based upon the documentation submitted and information provided in the 28 accompanying staff report, the BOCC makes the following Findings of Fact: 29 30 1. Prior to the 1986 adoption of the County's current land development regulations and 31 their associated land use district maps, the subject property was within a BU-1 (Light c 32 Business) zoning district, 33 34 2. In 1986, the property was rezoned to its current Land Use District designation of 35 Improved Subdivision (I); 36 CL 0 37 3. With the adoption of the Comprehensive Plan's Future Land Use Map in 1997, the 38 subject parcel was given Its current Future Land Use Map designation of Residential �I 39 Medium (RM); 40 41 4. Map amendments to the Monroe County Land Use District Map shall not be 42 inconsistent with the provisions and intent of the Monroe County Comprehensive 43 Plan; and 44 45 5. Monroe County Code §102-158 states that map amendments are not intended to 46 relieve particular hardships, nor to confer special privileges or rights on any person, Ordinance No. -2016 Pa Packet Pg. 3210 1 nor to permit a change in community character, as analyzed in Monroe County 2 Comprehensive Plan, but only to mare necessary adjustments in light of changed 3 conditions; and 4 5 6. Monroe County Code § 102-158(d)(5)(b) provides that one or more of the following 6 criteria must be met for a snap amendment: 7 a. Changed projections (e.g., regarding public service needs) from those on which 8 the text or boundary was based, 9 b. Changed assumptions (e.g., regarding demographic trends); 10 c. Data errors, including errors in mapping, vegetative types and natural features 11 described in volume 1 of the plan; 1.2 d. New issues; 13 e. Recognition of a need for additional detail or comprehensiveness; 14 f. Data updates; 15 g. For FLUM changes, the principles for guiding development as defined in the 16 Florida Statutes relating to changes to the comprehensive plan; and 17 18 7. Map amendments to the Monroe County Land Use District Map shall not be 19 inconsistent with the Principles for Guiding Development in the Florida Keys Area. of 20 Critical State Concern; and 21 22 WHEREAS, the Monroe County Board of County Commissioners makes the following 23 Conclusions of Law: 24 25 1. The proposed map amendment is consistent with the provisions of the Monroe 26 County Code: 27 a. The existing use of the property is consistent with the purpose of the Mixed Use 28 (MU) Land Use District, as set forth in MCC § 130-38; 29 b. The existing use of the property is permitted as a permitted use in the Mixed Use 30 (MU) Land Use District, as set forth in MCC § 130-88; 31 c. As required by MCC §102-1.58, the reap amendment does not relieve particular 32 hardships, nor confer special privileges or rights on any person, nor permit a 33 change in community character, as analyzed in the Monroe County Year 2010. 34 Comprehensive Plan; 35 d. As required by MCC §102-158(d)(5)b.3., the map amendment is needed due to 36 data errors; and 37 e. As required by MCC §102-158(d)(5)b.6., the map amendment is needed due to a 38 need for additional detail or comprehensiveness; and 39 40 2. The proposed map amendment is consistent with the provisions and intent of the 41 Monroe County Year 2010 Comprehensive Plan: 42 a. The Mixed Use (MU) Land Use District corresponds with the Future Land Use 43 Map designation of Mixed Use/Commercial (MC), and is consistent with the 44 respective density and intensity as set forth in Policy 101.4.22; Ordinance No. -2016 Pa Packet Pg. 3211 I b. The Mixed Use (MU) Land Use District is consistent with the purpose of the 2 Mixed Use/Commercial (MC) Future Land Use Map designation, as set forth in 3 Policy 101.4.21; and 4 5 3. The proposed map amendment is not inconsistent with the Principles for Guiding 6 Development in the Florida Keys Area of Critical State Concern. 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 9 COMMISSIONERS OF MON OE COUNTY, FLORIDA: 10 11 Section 1. The Monroe County Land Use District (Zoning) Map is amended as follows; 12 13 The Monroe County Land Use District (Zoning) Map designation for the property 14 described as Lot 11, :Block 3, Revised Amended Plat of Riviera Village, PB2/P80 of the 15 Public Records of Monroe County, Florida, having real estate number 00510640-000000 16 is changed from Improved Subdivision (IS) to Mixed Use (MU), as shown on Exhibit 1, 17 attached hereto and incorporated herein. 18 19 Section 2. Severabilit_y. If any section, subsection, sentence, clause, item, change, or provision 20 of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such 21 validity. 22 23 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in conflict 24 with this ordinance are hereby repealed to the extent of said conflict. 25 26 Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning 27 Agency as required by F.S. 380.05(11) and F.S. 380.0552(9). 28 29 Section 5. Filing. This ordinance shall be filed in the. Office of the Secretary of the State of 30 Florida but shall not become effective until approved by the Florida State Land Planning Agency 31 and, if appealed, until the appeal is resolved pursuant to Chapter 120 of the Florida Statutes. 32 33 Section 6. Inclusion on the Monroe County Code's Official Land Use DistrjKLMap. The 34 provisions of this Ordinance shall be included and incorporated on to the Official Land Use 35 District. Map of Monroe County. 36 37 Section 7. Effective Date. This ordinance shall become effective as provided by law and stated 38 above. 39 40 Ordinance No. -2016 Pa Packet Pg. 3212 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County„ Florida, at a regular meeting held on the day o , 2016. Mayor Feather Carruthers Mayor Pro Terri George Neugent Commissioner Danny Kolhage Commissioner David Rice Commissioner Sylvia Murphy Attest: AMY HEAVILIN, CLERK By: Deputy Clerk. (SEAL) BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA wM Mayor Heather Carruthers Ordinance No. -2016 Pis Packet Pg. 3213 Exhibit 1 to Ordinance# -2016 O� TARPON AVE 0051064 - 00 MARLIN AVE ELF PO O� POMPANO DR JJA The Monroe County Land Use Map is amended as indicated above. Proposal: Land Use change of one parcel of land in Key Largo having Real Estate Number: 00510640-000000 from Improved Subdivision (IS) to Mixed Use (MU). N A I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT To: Monroe County Board of County Commissioners Through: Mayte Santamaria, Senior Director of Planning & Environmental Resources From: Thomas A. Broadrick, AICP, Senior Planner Date: September 28, 2016 Subject: AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY LAND USE DISTRICT (ZONING) MAP FROM IMPROVED SUBDIVISION (IS) TO MIXED USE (MU), FOR PROPERTY LOCATED AT 105030 OVERSEAS HIGHWAY, KEY LARGO, MILE MARKER 105, LEGALLY DESCRIBED AS BLOCK 3, LOT 11, OF THE REVISED AMENDED PLAT OF RIVIERA VILLAGE SUBDIVISION (PLAT BOOK 2, PAGE 80), KEY LARGO, MONROE COUNTY, FLORIDA, HAVING REAL ESTATE 4 00510640- 000000, AS PROPOSED BY 3JL, LLC (FORMERLY ANDREW ANDRUSHKO); 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 AMENDMENT TO THE LAND USE DISTRICT (ZONING) MAP; PROVIDING FOR AN EFFECTIVE DATE. (File 4 2016-008) Meeting: October 19, 2016 I REQUEST On September 15, 2016, the applicant, 3JL,LLC (formerly Andrew Andrushko on January 11, 2016), submitted a revised application requesting an amendment to the Monroe County Land Use District (Zoning) Map from Improved Subdivision (IS) to Mixed Use (MU), for the existing commercial use on property located at 105030 Overseas Highway, Key Largo, having real estate number 00510640-000000. Land Use District Map Amendment (File 4 2016-008) Page 1 of 11 1 2 3 4 5 II BACKGROUND INFORMATION: Site Information: 6 Location: Key Largo, Mile Marker 105 Bayside 7 Address: 105030 Overseas Highway 8 Legal Description: Block 3, Lot 11, Revised Amended Plat of Riviera Subdivision (PB 9 2-80) Key Largo, Monroe County, Florida 10 Real Estate Number: 00510640.000000 11 Property Owner/Applicant: 3JL, LLC (formerly Andrew P Andrushko) 12 Agent: same 13 Size of Site: 3,000 square feet / 0.06887 acres of upland according to property appraiser 14 Land Use Map (Zoning) District: Improved Subdivision (IS) 15 Future Land Use Map (FLUM) Designation: Residential Medium (RM) 16 Tier Designation: HI -A Special Protection Area 17 Flood Zone: X (EL-9999) 18 Existing Uses: Office (nonconforming) 19 Existing Vegetation / Habitat: Scarified 20 Community Character of Immediate Vicinity: Single-family residential to the west 21 and behind the property; directly abutting to the north is a plumbing business with 22 residential use; directly across Marlin Avenue to the south is a Mixed Use (MU) district 23 with a pet boarding/grooming use. 24 Previous Zoning: The property was within a BU-1 district (Neighborhood Retail 25 Business, 1960-1973; Light Business, 1973-1986) prior to 1986, when the property was 26 re -designated IS (the BU-1 district was established in 1960). 27 28 29 30 Land Use District Map Amendment (File 4 2016-008) Page 2 of 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 III IV RELEVANT PRIOR COUNTY ACTIONS: ■ The following building permits are on file: RE 900510640.000000 (Lot 11) Permit 9 Year Issued Scope of Work 91302844 1991 Fence 91302845 1991 Fence 91304191 1991 Single family residential (expired) 93309845 1993 Fill 93310150 1993 Transfer ownership 09302579 2009 Exotic land clearing 14305492 2015 Reconnect electric 14305667 2015 Install electric 15306653 2015 Painting 16300082 pending Single-family residence ■ On May 22, 2015, a Letter of Understanding (LOU) (File 4 2015-059) was issued following a pre -application conference regarding the redevelopment of the subject property. As part of the proposed redevelopment, the owner wishes to amend the Land Use District (Zoning) of the property from IS to MU. The LOU is attached as Exhibit 1 to this report. ■ At its regularly scheduled meeting on March 29, 2016, the Monroe County Development Review Committee (DRC) reviewed and discussed the proposed LUD amendment and recommended approval through Resolution No. DRC 02-16. ■ At its regularly scheduled meeting on April 27, 2016, the Monroe County Planning Commission (PC) reviewed and discussed the proposed LUD amendment and voted to recommended approval through Resolution No. P14-16. ANALYSIS OF PROPOSED AMENDMENT: The applicant seeks to change the Land Use District Map of the subject property from IS to MU, which would correspond to the Mixed Use/Commercial (MC) Future Land Use Map (FLUM) Category. The applicant's related request for a FLUM amendment is being reviewed concurrently by the Board of County Commissioners (BOCC) and was recommended for approval by both the Development Review Committee (DRC) through Resolution No. DRC 01-16 and the Plan Commission (PC) through Resolution No. P13-16. It was transmitted to the State Land Planning Agency by the BOCC through Resolution No, 133-2016. The Objections, Recommendations, and Comments (ORC) Report was received with September 6, 2016 with no objections or comments. A. Analysis of Potential Changes in Development Potential and Permitted Uses The table below provides an estimation of the potential change in existing and proposed development potential for residential, transient and nonresidential development in terms of allocated density and maximum net density. Monroe County Land Development Code Section 130-156(b) states, "The density and intensity provisions set out in this section are intended to be applied cumulatively so that no development shall exceed the total density Land Use District Map Amendment (File 4 2016-008) Page 3 of 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 limits of this article. For example, if a development includes both residential and commercial development, the total gross amount of development shall not exceed the cumulated permitted intensity of the parcel proposed for development." The following table is based on a gross upland area of 3,000 square feet or 0.06 acres for allocated density and a net buildable area of 2,400 square feet or 0.05 acres for maximum net density, according to property appraiser records. The exact upland area must still be verified by a boundary and mean high water line survey. Existing LUD Type Adopted Standards Development Potential Residential Allocated Density 1 DU/Lot 1 DU Residential Maximum Net 0 DU/buildable acre 0 DU Improved Density (w/ TDRs) Subdivision (IS) Residential Maximum Net 0 DU/buildable acre 0 DU (affordable) Density (affordable housing) 0.0688 acres Transient Allocated Density 0 rooms or spaces/acre 0 rooms/spaces (3,000 SF) Transient Maximum Net Density 0 spaces/acre 0 spaces Nonresidential Maximum 0 FAR 0 SF Intensity(Per xM FLUM) Proposed LUD Type Adopted Standards Development Potential Residential Allocated Density 1 DU/acre 0.06 DU Residential Maximum Net 12 DU/buildable acre 0.60 DU Density(w/ TDRs) Mixed Use (MU) Residential Maximum Net Density (affordable housing) 18 DU/buildable acre 0.9 DU (affordable) 0acres Transient Allocated Density 10 rooms or spaces/acre 0.5 rooms/spaces (3,00 (3,000 SF) Transient Maximum Net Density 20 rooms/acre 1 rooms (institutional) Nonresidential Maximum 0.10 - 0.40 FAR 300 — 1,200 SF Intensity Net Change in Permanent Residential Allocated: -0.94 DU Residential Maximum Net (affordable): +0.9 DU Development Transient and Institutional Residential Allocated: +0.5 rooms/spaces Potential Transient and Institutional Residential Maximum Net (TDRs): +1 room/space Total Site Nonresidential: +300-1,200 square feet In terms of allocated density, the table above shows that the proposed amendment would result in an overall decrease in potential permanent residential development of 0.94 units, due to the reduction in density from one (1) per lot to one (1) unit per acre and the small size of the property. The proposed amendment would not result in any substantial change in potential transient or institutional residential development based on allocated density. In terms of maximum net density, which is bonus density when utilizing transferrable development rights (TDRs) or for affordable or employee housing, the table above shows that the proposed amendment would not result in any change in potential permanent or transient residential development. With the exception of one room for an institutional residential use, there is not enough land area to meet the allocated or maximum net density requirements of the MU District to develop a permanent or transient unit/room on the Land Use District Map Amendment (File 4 2016-008) Page 4of11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 property. Residential development potential on the property would effectively be reduced from one unit to zero. In terms of nonresidential development, the table above shows that the proposed amendment would result in an increase in potential nonresidential development based on maximum floor area ratio. Between 300 and 1,200 square feet of nonresidential floor area could be developed, depending on the proposed use. The table below and continuing to the next page shows the potential changes in permitted uses that would result from the proposed amendment. Any blank cells mean that the use is prohibited in that district. Accessory uses are permitted as -of -right in both districts. The proposed amendment would result in the potential continuation of all as -of -right and conditional uses that are currently allowed within the existing IS Land Use District, except public parks and schools. The proposed amendment would open up the possibility of many uses that are currently prohibited, but the small size of the property would greatly limit the amount of those uses. There would be insufficient land area for any residential or transient units, and nonresidential floor area would be limited to 1,200 square feet at most. PERMITTED USES Permitted Land Uses Existing IS District Proposed MU District Permanent Residential Uses Attached and unattached employee housing, less than 6 units As -of -right Attached and unattached employee housing, 6 to 18 units Minor Conditional Use Attached and unattached employee housing, more than 18 units Major Conditional Use Attached residential dwellings, up to 4 units Minor Conditional Use Attached residential dwellings, more than 4 units Major Conditional Use Commercial apartments, less than 6 units As -of -right Commercial apartments, 6 to 18 units Minor Conditional Use Detached residential dwellings (and duplexes in IS-D Districts only) As -of -right As -of -right Hoene occupations (Special use permit required) As -of -right As -of -right Vacation rentals (*only in IS-V Districts and gated communities) As -of -right* As -of -right Transient Residential Uses Campgrounds Minor Conditional Use Hotels, less than 50 rooms Minor Conditional Use Hotels, 50 or more rooms Major Conditional Use Institutional residential uses, less than 10 dwelling units/rooms As -of -right Institutional residential uses, 10 to 20 dwelling units/rooms Minor Conditional Use Institutional residential uses, 20 or more dwelling units/rooms Minor Conditional Use Nonresidential Uses Boat building or repair (with marina or commercial fishing) Major Conditional Use Commercial fishing As -of -right Commercial recreational uses, limited As -of -right Commercial recreational uses, parcels up to 5 acres Minor Conditional Use Commercial retail, low/medium-intensity, office, < 2,500 SF Major Conditional Use As -of -right Commercial retail, low/medium-intensity, office, 2,500-10,000 SF Minor Conditional Use Commercial retail, low/medium-intensity, office, > 10,000 SF Major Conditional Use Commercial retail, high intensity, less than 2,500 SF Minor Conditional Use Commercial retail, high intensity, more than 2,500 SF Major Conditional Use Heliports or seaplane ports Major Conditional Use Land Use District Map Amendment (File 4 2016-008) Page 5 of 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Permitted Land Uses Existing IS District Proposed MU District Institutional uses & accessory residential uses with < 10 units/rooms As -of -right Land use overlays A, (INS in IS and E in MU) and PF Major Conditional Use Major Conditional Use Light industrial uses, parcels up to 2 acres Minor Conditional Use Light industrial uses, parcels more than 2 acres Major Conditional Use Manufacture, repair, storage of fishing traps, nets & other equipment As -of -right Mariculture Major Conditional Use Marinas Major Conditional Use Parks and community parks Minor Conditional Use As -of -right Public buildings and uses As -of -right Public parks Minor Conditional Use Schools Minor Conditional Use Wastewater nutrient reduction cluster systems for < 10 residences As -of -right As -of -right Wastewater treatment facilities or systems for any uses Major Conditional Use Major Conditional Use Wireless Communication Uses Attached wireless communications facilities As -of -right Collocations on existing antenna -supporting structures As -of -right As -of -right New antenna -supporting structures Major Conditional Use Replacement of an existing antenna -supporting structure As -of -right Satellite earth stations, less than 2 meters in diameter As -of -right As -of -right Satellite earth stations, 2 meters or more in diameter Minor Conditional Use Minor Conditional Use Stealth wireless communications facilities Major Conditional Use As -of -right B. Impact on Community Character Surrounding properties are located within the Mixed Use (MU) District to the south across Marlin Avenue, the Improved Subdivision (IS) District to the north and west, and the Suburban Residential (SR) District across U.S. 1 to the east, as shown on the map on Page 2. Land uses surrounding the subject property include residential uses to the west and north along with a plumbing business. Undeveloped abutting land, including the subject property, is designated as Tier III -A while both commercial and residentially developed land is Tier III. The majority of the site is scarified. The property is bordered by U.S. 1 on the east. Comparing the purposes of the two Land Use Districts, as shown in the table below, the IS District is intended to serve existing residential areas within platted subdivisions. The MU District is intended to conserve areas of mixed uses including commercial uses on U.S. 1. The subject property is an established office use, and the property primarily serves residents. Existing IS (Sec. 130-34) Existing MU (Sec. 130-38) District The purpose of the IS district is to accommodate the To establish or conserve areas Purposes legally vested residential development rights of the of mixed uses, including owners of lots in subdivisions that were lawfully commercial fishing, resorts, established and improved prior to the adoption of this residential, institutional and chapter. For the purpose of this section, improved lots are commercial uses, and those that are served by a dedicated and accepted existing preserve these as areas road of porous or nonporous material, that have a Florida representative of the Keys Aqueduct Authority approved potable water supply, character, economy and Land Use District Map Amendment (File 4 2016-008) Page 6 of 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 and that have sufficient uplands to accommodate the cultural history of the Florida proposed use in accordance with the required setbacks. Keys. This district is not intended to be used for new land use districts of this classification within the county The proposed amendment is not anticipated to have an adverse impact on the community character of the area. C. Effects on Public Facilities Traffic Circulation (Policy 301.1.2) The subject property has its own driveway on Marlin Avenue. Pursuant to Comprehensive Plan Policy 301.1.2, the level of service standard for U.S. 1 is LOS of "C." The property is located within U.S. 1 Segment 423, which runs from Ocean Boulevard to C-905 (MM 99.5 — 106.0). The 2015 U.S. 1 Arterial Travel Time and Delay Study finds U.S. 1 operating at an overall LOS of "C" and Segment #23 operating at a LOS of "A." The proposed amendment is not anticipated to negatively impact the traffic circulation LOS. Potable Water (Policy 701.1.1) Florida Keys Aqueduct Authority's water treatment facility in Florida City has a maximum water treatment design capacity of 29.8 million gallons per day (MGD) and is capable of treating up to 23.8 MGD. There are also two saltwater Reserve Osmosis (RO) plants, located on Stock Island and Marathon, which are able to produce potable water under emergency conditions. The RO desalination plants have design capacities of 2.0 and 1.0 MGD of water, respectively. The annual average demand in Monroe County is 17.28 MGD for 2015. Pursuant to Policy 701.1.1 of the Comprehensive Plan, the Level of Service standard for nonresidential potable water is 0.35 gallons per square foot per day. The proposed amendment would increase the site's nonresidential development potential, but is not anticipated to have an adverse effect on potable water demand from this site if developed to its maximum nonresidential potential. Pursuant to Policy 701.1.1 of the Comprehensive Plan, the Level of Service standard for residential potable water is 66.5 gallons per capita per day. The proposed amendment would decrease the potential residential development by 1 unit (2.24 residents per dwelling unit). Therefore, the proposed amendment would result in a net decrease in residential potable water demand from this site of 149 gallons per day Solid Waste (Policy 801.1.1) Monroe County has a contract with Waste Management through September 30, 2024. The contract authorizes the use of in -state facilities; thereby, providing the County with approximately 10 years of guaranteed capacity for the haul -out and disposal of 95,000 tons per year of solid waste not including yard waste. Under the proposed amendment, the net increase in potential residential units on the site would be 0 dwelling units. Land Use District Map Amendment (File 4 2016-008) Page 7 of 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Sanitary Sewer (Policy 901.1.1) The County has adopted water quality treatment standards for wastewater facilities and, within the Sanitary Wastewater Treatment Master Plan, the LOS standard for residential and nonresidential flow is 145 gallons per day per equivalent dwelling unit (EDU). Under the proposed amendment, the net increase in potential residential units on the site is 0 dwelling units, which would result in a net decrease in demand from this site of up to 145 gallons per day. Any new or existing development would be required to connect to the sewer system when available. D. Consistency with the provisions and intent of the Monroe County Year 2010 Comprehensive Plan The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe County Year 2010 Comprehensive Plan. Specifically, the amendment furthers: Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the safety of County residents and visitors, and protect valuable natural resources. Objective 101.4: Monroe County shall regulate future development and redevelopment to maintain the character of the community and protect the natural resources by providing for the compatible distribution of land uses consistent with the designations shown on the Future Land Use Map. Policy 101.4. S: The principal purpose of the Mixed Use/Commercial land use category is to provide for the establishment of commercial land use (zoning) districts where various types of commercial retail and office may be permitted at intensities which are consistent with the community character and the natural environment. Employee housing and commercial apartments are also permitted. In addition, Mixed Use/Commercial land use districts are to establish and conserve areas of mixed uses, which may include maritime industry, light industrial uses, commercial fishing, transient and permanent residential, institutional, public, and commercial retail uses. 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. Policy 101.4.22: Monroe County hereby adopts the following density and intensity standards for the future land use categories, which are shown on the Future Land Use Map and described in Policies 101.4.1 - 101.4.17: Future Land Use Densities and Intensities Future Land Use Category g rY Allocated Density ro) y Maxiimm� Net Density rox�> Maxiinum Intensity y And Corresponding Zoning (per acre) (per buildable acre) (floor area ratio) Land Use District Map Ainendinent (File 4 2016-008) Page 8 of 11 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 Mixed Use/Coininercial (MC)(9) 1-6 du 2 -18 du 0.10-0.45 (SC, UC, DR, RV, MU and 5-15 rooms/spaces 10-25 rooms/spaces (SC,UC, DR, RV, and MU zoning) MI zoning) 1 du (MI zoning) 2 du (MI zoning) 0.30-0.60 (MI zoning) Notes: (b) The allocated densities for submerged lands, salt ponds, freshwater ponds, and mangroves shall be 0 and the maximum net densities bonuses shall not be available. (g) For properties consisting of hammocks, pinelands or disturbed wetlands within the Mixed Use/ Commercial and Mixed Use/Commercial Fishing land use categories, the floor area ratio shall be 0.10 and the maximum net residential density bonuses not apply. (i) The Maximum Net Density is the maximum density allowable with the use of TDRs. 0) A mixture of uses shall be maintained for parcels designated as MI zoning district that are within the MC future land use category. Working waterfront and water dependent uses, such as marina, fish house/market, boat repair, boat building, boat storage, or other similar uses, shall comprise a minimum of 35% of the upland area of the property, pursuant to Policy 101.4.5. Objective 101.8: Monroe County shall eliminate or reduce the frequency of uses which are inconsistent with the applicable provisions of the land development regulations and the Future Land Use Map, and structures which are inconsistent with applicable codes and land development regulations. Objective 101.11: Monroe County shall implement measures to direct future growth away from environmentally sensitive land and towards established development areas served by existing public facilities. Objective 101.20: Monroe County shall address local community needs while balancing the needs of all Monroe County communities. These efforts shall focus on the human crafted environment and shall be undertaken through the Livable CommuniKeys Planning Program. Policy 101.20.2: The Community Master Plans shall be incorporated into the 2010 Comprehensive Plan as a part of the plan and be implemented as part of the Comprehensive Plan. The following Community Master Plans have been completed in accordance with the principles outlined in this section and adopted by the Board of County Commissioners: The Key Largo Livable CommuniKeys Master Plan is incorporated by reference into the 2010 Comprehensive Plan. The term Strategies in the Master Plan is equivalent to the term Objectives in the Comprehensive Plan and the term Action Item is equivalent to the term Policy; the meanings and requirements for implementation are synonymous. Land Use District Map Amendment (File 4 2016-008) Page 9 of 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Key Largo Livable CommuniKeys Master Plan The proposed amendment is consistent with the Goals, Strategies and Action Items of the Key Largo CommuniKeys Master Plan. Specifically, the amendment furthers: Goal 1: Monroe County shall direct future growth to lands that are most suitable for development and encourage preservation of environmentally sensitive lands. Strategy 1.3: Continue to utilize the Land Use District Map and supporting FLUM to regulate land use type, density and intensity on individual parcels within the planning area. Action Item 1.3.2: Revise the FLUM and Land Use District Maps to resolve nonconformities in the planning area where appropriate. Action Item 1.3.7: Evaluate future FLUM change and Land Use District Map change requests for nonconforming uses, proposed changes in use, vacant parcels and other requests, based mainly on comprehensive planning principles and the following community -goal related criteria: a. Promote infill, design flexibility and transfer of density to Community Centers. b. Preserve commercial conformance status within sections along US-1 predominated by existing commercial businesses and disturbed lands. c. Encourage sun -setting of intensive commercial uses within sections along US-1 predominated by natural habitat or native -dominated landscape, relatively sparse development and relatively few businesses. d. Preserve commercial use status for existing waterfront uses that support the tourist - based and working waterfront -based economy. e. Give consideration to whether the property provides a unique or outstanding opportunity for enhancement of design, connectivity and other community goals, especially along the US-1 corridor. E. Consistency with the provisions and intent of the Monroe County Land Development Code In accordance with Monroe County Land Development Code Section 102-158(d)(5), the Board of County Commissioners (BOCC) may consider the adoption of an ordinance enacting the proposed change based on one or more of the following factors: 1. Changed projections (e.g., regarding public service needs) from those on which the text or boundary was based: Not applicable. 2. Changed assumptions (e.g., regarding demographic trends): Not applicable. Land Use District Map Amendment (File 4 2016-008) Page 10 of 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 3. Data errors, including errors in mapping, vegetative types and natural features described in Volume I of the Year 2010 Comprehensive Plan: Not applicable. 4. New issues: Not applicable. 5. Recognition of a need for additional detail or comprehensiveness: The proposed map amendment addresses the fact that a lawfully existing office use was deemed nonconforming by the final adoption of the LUD map. 6. Data updates: The applicant states, "Was commercial, taxes have been paid as commercial tax office has listed as commercial but was changed to residential." Staff did not find this in question. On May 22, 2015, Monroe County Planning staff prepared/issued a Letter of Understanding, which determined that the existing office use existed lawfully in 1992 and was deemed nonconforming by the final adoption of the LUD map. Staff has also determined that the existing office use existed lawfully in 1997 and was deemed nonconforming by the final adoption of the FLUM. 7. For FLUM changes, the principles for guiding development as defined in the Florida Statutes relating to changes to the comprehensive plan: Evaluated in the staff report for the associated FLUM amendment. V RECOMMENDATION: The Planning Commission, Development Review Committee, and Staff recommend APPROVAL of the proposed amendment to the Monroe County Land Use District (Zoning) Map from Improved Subdivision (IS) to Mixed Use (MU) for the property located at 105030 Overseas Highway, Key Largo having Real Estate No. 00510640-000000. The Planning Commission, DRC and Staff find that the proposed map amendment would be consistent with the provisions of Code Section 102-158(d)(5)(b): Specifically, that the proposed map amendment is consistent with factors: 5. Recognition of need; and 7. Principles for guiding development. VI EXHIBITS: 1. Letter of Understanding, May 22, 2015 2. Existing Land Use District Map (Craig Map) 3. Proposed Land Use District Amendment Maps Land Use District Map Amendment (File 4 2016-008) Page 11 of 11 ((Boo-noz # am) (an -I OM4snapuv hliauaaa;) on -I o-11 `-irc ££4Z) sdeWjuauapuauad asn pue-I :tuauayae;}v to II IL m'J a.'J U ... , .. � y � .. ... P. s _ 0- xCL e i .xx o a s a � 0 O O Q S a o®000000 ;. .. C N N N � `o �� Q U m N C � C16 L J 5m C .. o oo . O� N �y D ..., v.t. A. : -h..... 't Y Q O 0 d J ` d w y �a C: Ci co — C7 O s �......... U57 W tA x . .. fix, ...� .... x ': County of Monroe Growth.•' r Planning & Environmental Resources Department 2798 Overseas Highway, Suite 410 Marathon, FL 33050 Voice: (305) 289-2500 FAX: (305) 289-2536 May 22, 2015 Andrew Peter Andrushko 1.05030 Overseas Highway Key Largo, FL 33037 Board of County Commissioners Mayor Danny L. Kolhage, District I Mayor Pro Tern, Heather Carruthers, District 3 David Rice, District 4 George Heugent, District 2 Sylvia J. Murphy, District 5 w OF UNDERSTANDING NONRESIDENTIAL USE 1 ! ItIORSTORAGE) 031 OVERSEAS LARGO, R ON PARCELS ..R HAVING REAL ESTATE NUMBERS00510620000000, I6 I II10F; 101 iilllYi [ITI 17I71TiI1 Mr. Andrushko, Pursuant to § 110-3 of the Monroe County Code (MCC), this document shall constitute a Letter of Understanding (LOU). On April 14, 2015, a Pre -Application Conference regarding the above - referenced property was held at the office of the Monroe County Planning & Environmental Resources Department in Marathon. Attendees of the meeting included Andrew Andrushko, (hereafter referred to as "the Applicant") and Matthew Coyle, Principal Planner, Emily Schemper, Comprehensive Planning Manager and Michael Roberts, Senior Administrator of Environmental Resources (hereafter referred to as "Staff"). Materials presented for review included: (a) Pre -Application Conference Request Form; (b) Monroe County Property Record Cards (c) Monroe County Land Use District Map and Future Land Use Map; and �1irl�w[r�►111i: � i The Applicant is requesting a determination that the existing nonresidential use (consisting of an office and outdoor storage) was lawfully established and therefore may remain as a lawful nonconforming use. The applicant also inquired about the process to develop the property with a single family residence. A proposed development plan was not submitted with the application. 105030 US 1, Key Largo, Letter of Understanding (File #2015-059) Page 1 of 11 Subject Property with Land Use District Overlaid (Aerial dated 2012) The property is located at 105030 Overseas Highway (US 1) on Key Largo, at mile marker 105 on the Florida Bay side of US 1. 2. The property is comprised of three contiguous parcels/lots, legally described as Block 3, Lots 9, 10 and 11, Revised Amended Plat of Riviera Village (Plat Book 2, Page 80), Monroe County, Florida and assessed udder real estate (RE) numbers 00510620.000000, 00510630.000000 and 00510640.000000. According to the Monroe County GIS database, the property consists of 0.20 acres (8,863 SF) of land area. All calculations included in this letter are based on this figure. A sealed survey shall be required at the time of application submittal for ally development approval for new development adversely affecting open space or land use intensity. If the amount of upland provided on the sealed boundary survey differs, then calculations provided in this letter are subject to change. 4. There is one existing building on the subject property. According to the Monroe County Property Appraiser's records, the building was constructed in 1939 and consists of 250 SR 105030 US 1, Key Largo, Letter of Understanding (File #2015-059) Page 2 of 11 There is also a partially -constructed foundation structure on the subject property. As this building was never completed, it is not reflected in the Property Appraiser's records. I. The following building permits are on file; Permit# Year Issued .......... ..... . .. Scope of Work 09302577 2009 Exotic land clearing Permit 4 Year Issued Scope of Work 09302578 2009 Exotic land clearing 7,777", 91304191 1991 Single family residential 93309845 1993 Fill 93310150 1993 Transfer ownership 09302579 2009 Exotic land clearing 14305492 2015 Reconnect electric 14305667 2015 Install electric IMIN The following regulations directly affect the proposal; however, please note that there may be other regulations not referred to nor described in this letter, which may govern development. I The subject property consists of three contiguous parcels. Pursuant to MCC § 13 0- 16 6, any development that has or is a part of a common plan or theme of development or use, including, but not limited to, an overall plan of development, common or shared amenities, utilities or facilities, may be aggregated for the purpose of determining permitted or authorized development and compliance with each and every standard of the MCC Land Development Code and for the purpose of determining the appropriate form of development review. Based on the site plan attached to Building Permit # 913-4191, it appears that all three properties would have to be aggregated for development in order to meet the required setbacks. The three properties could either be combined or when a building permit is applied for all three properties need to be under common ownership. 105030 US 1, Key Largo, Letter of Understanding (File #2015-059) Page 3 of 11 2. The subject property is currently located within an Improved Subdivision (IS) Land Use (Zoning) District and designated within a Residential Medium (RIND Future Land Use Map (PLUM) category. 3. The subject property has a tier designation of Tier Ill -A. 4. The property was within a BU-1 district (Light Business) prior to 1986 when the property was re -designated IS (the BU-1 district was established in 1960). 5. There is not a building permit on file for the initial construction of the building located on the property with RE #00510640.000000. According to the Property Appraiser's records the building is 250 SF and was constructed in 1939. Concerning the use of the building: The Monroe County Property Appraiser's Office has assessed the property under a property classification code of '17' (Office) from 1982 to present. The Property Appraiser's Office also had a historic property record card showing the building was assessed under a property classification code of '17' (Office) in 1974. As defined in MCC § 10 1 - 1: Office means a use where business, professional or governmental services are made available to the public. Building Permit #913-2845 was issued for the construction of a fence and for 250 SF of roof repair. The survey included with Building Permit #913-4191 shows the building. Neither permit specifies the use of the building. Staff visited the site on May 6, 2015 and observed a structure in the same place as the structure shown on the survey. Based on the Property Appraiser's records and the building permit history the office use is considered a lawful nonconforming use and may continue in accordance with MCC §130- 83(e), Comprehensive Plan Policy 101.4.3 and the nonconforming use provisions set forth in MCC § 102-56(a) through (f). Pursuant to MCC § 130-83(e), the following lawfully established nonresidential uses, which were rendered nonconforming by the 2010 Comprehensive Plan, but listed as permitted uses in the land development regulations that were in effect immediately prior to the institution of the 2010 Comprehensive Plan (pre-2010, LDRs) and lawfully existed on such lands on January 4, 1996, which are damaged or destroyed may be permitted to be redeveloped, make substantial improvements, or be reestablished as an amendment to a major conditional use, subject to the standards and procedures set forth in chapter 110, article III: Commercial retail of low- and medium -intensity or office uses or any combination thereof of less than 2,500 square feet of floor area, provided that: 105030 US 1, Key Largo, Letter of Understanding (File #2015-059) Page 4 of 11 1. The parcel of land on which the commercial retail use is to be located abuts the right- of-way of U.S. 1, or a dedicated right-of-way to serve as a frontage road for U.S. 1 2. The structure must be located within 200 feet of the centerline of U.S. 1; 3. The commercial retail use does not involve the sale of petroleum products; 4. The commercial retail use does not involve the outside storage or display of goods or merchandise; 5. There is no direct access to U.S. 1 from the parcel of land on which the commercial retail use is to be located; 6. The structure in which the commercial retail use is to be located is separated from the U.S. 1 right-of-way by a class C bufferyard; 7. The structure in which the commercial retail use is to be located is separated from any existing residential structure by a class C bufferyard; 8. No signage other than one identification sign of no more than four square feet shall be placed in any yard or on the wall of the structure in which the commercial retail use is to be located except for the yard or wall that abuts the right-of-way for U.S. 1; and 9. The use is limited in intensity, floor area, density and to the type of use that existed on January 4, 1996, or limited to the permitted uses and/or the previsions for minor or major conditional uses allowed in the pre-1996 LDRs for this district, whichever is more restrictive. Comprehensive Plan Policy 101.4.3 states Monroe County shall adopt Land Development Regulations which allow nonresidential uses that were listed as a permitted use in the Land Development Regulations that were in effect immediately prior to the institution of the 2010 Comprehensive Plan (pre-2010 LDR's), and that lawfully existed on such lands on January 4, 1996 to develop, redevelop, reestablish and/or substantially improve provided that the uses are limited in intensity, floor area, density and to the type of use that existed on January 4, 1996 or limited to what the pre-2010 LDR's allowed, whichever is more restricted. Pursuant to the nonconforming use provisions set forth in MCC § 102-56(a) through (f) (a) Authority to continue. Nonconforming uses of land or structures may continue in accordance with the provisions of this section. Notwithstanding any provision of [MCC § 102-56] or of [the] Land Development Code or the [MCCP]: (b) Ordinary repair and maintenance. Normal maintenance and repair to permit continuation of nonconforming uses registered in accordance with [MCC § 102-55] may be performed. (c) Extensions. Nonconforming uses shall not be extended. This prohibition shall be construed so as to prevent: (1) Enlargement of nonconforming uses by additions to the structure in which such nonconforming uses are located; or (2) Occupancy of additional lands. 105030 US 1, Ivey Largo, Letter of Understanding (File #2015-059) Page 5 of 11 (d) relocation. A structure in which a nonconforming use is located shall not be moved unless the use thereafter shall conform to the limitations of the land use district into which it is moved. (e) Change in use. A nonconforming use shall not be changed to any other use unless the new use conforms to the provisions of the land use district in which it is located. (f) Termination. (1) Abandonment or discontinuance. inhere a nonconforming use of land or structure is discontinued or abandoned for six consecutive months or one year in the case of stored lobster traps, then such use may not be reestablished or resumed and any subsequent use must conform to the provisions of [the] Land Development Code and the [MCCP]. Leases, subleases, assignment or other occupancy agreement for compensation for less than 28 days in duration shall be discontinued and shall not be renewed, extended or entered into, in any district that prohibits vacation rental use after the effective date of the ordinance from which this section is derived, September 15, 1986. Leases, subleases, assignments or other occupancy agreements for compensation of RV spaces for six months or more within a particular RV park, other than in a designated storage area, shall be discontinued and shall not be renewed, extended or entered into, after the effective date of the ordinance from which this section is derived (September 15, 1986). (2) Damage or destruction. Except as provided in [MCC § 110-65], if a structure in which a nonconforming use is located is damaged or destroyed so as to require substantial improvement, then the structure may be repaired or restored only for uses that conform to the provisions of the land use district in which it is located. Fair market value shall be determined by reference to the official tax assessment rolls for that year or by an appraisal by a qualified independent appraiser. The extent of damage or destruction shall be determined by the building official, in consultation with the planning director, by comparing the estimated cost of repairs or restoration with the fair market value. 6. The Applicant indicated that the property has historically been used for outdoor storage of goods and materials (light industrial use). The Applicant has expressed interest in continuing to use the area for outdoor storage. Staff was unable to find any records related to the property having a light industrial use. As defined in MCC § 101-1: Light industrial use means an industrial use that is not a heavy industrial use. Industrial use means a use devoted to the manufacture, warehousing, assembly, packaging, processing, fabrication, storage or distribution of goods and materials whether new or used or the substantial refinishing, repair and/or rebuilding of vehicles or boats. Heavy industrial use means an industrial use with greater than average potential impacts on the environment and that is characterized by significant impacts on adjacent uses in terms of noise, hazards and odors, such as 105030 US 1, Key Largo, Letter of Understanding (File #2015-059) Page 6 of 11 junkyards, marine railways and dry docks, bulk petroleum storage, and resource extraction where more than 20% of the use takes place outside of an enclosed building or where exterior storage equals or exceeds building floor area. Pursuant to MCC § 130-83 ), in the IS district, light industrial uses are not permitted. Further, pursuant to MCCP Policies 101.43 and 101.4.22, in the RM future land use category, light industrial uses are not permitted and a floor area ratio for nonresidential uses is not provided. Therefore a light industrial use may not continue on the subject property. 7. The proposal includes a new single-family residence, which is defined as a detached residential dwelling. Pursuant to MCC §130-83(a)(1), in the IS district and density - permitting, detached residential dwellings may be permitted as -of -right. Although building permit 491304191 was issued in 1991 for construction of a single-family residence on the site, the structure was never completed, and the permit is now expired. 8. As defined in MCC §101-1, dwelling, detached, means an individual residential dwelling that is developed with open yards on all sides of the dwelling unit but not including mobile homes or recreational vehicles. Dwelling unit means one or more rooms physically arranged to create a housekeeping establishment for occupancy by one family with separate toilet facilities. 9. Pursuant to MCC § I 30-83(a)(5), in the IS district, accessory uses may be permitted as -of - right. As defined in MCC §101-1, accessory use or accessory structure means a use or structure that: 1) is subordinate to and serves an existing principal use or principal structure; 2) is subordinate in area, extent and purpose to an existing principal use or principal structure served; 3) contributes to the comfort, convenience or necessity of occupants of the principal use or principal structure served; 4) is located on the same lot/parcel or on a lot/parcel that is under the same ownership as the lot/parcel on which the principal use or principal structure is located; 5) is located on the same lot/parcel or on a contiguous lot/parcel as an existing principal use or principal structure, excluding accessory docking facilities that may be permitted on adjacent lots/parcels pursuant to § 118-12; and 6) is located in the same land use (zoning) district as the principal use or principal structure, excluding off -site parking facilities pursuant to § 114-67. Accessory uses include the utilization of yards for home gardens, provided that the produce of the garden is for noncommercial purpose. In no event shall an accessory use or structure be established prior to the principal use to which it is accessory. Accessory uses shall not include guest units or any other potentially habitable structures. Habitable structures are considered to be dwelling units as defined in MCC §101-1. 10. Pursuant to MCC § 13 8-2 1, the Residential Rate of Growth Ordinance (ROGO) shall apply to all residential dwelling units for which a building permit is required by the Land Development Code and for which building permits have not been issued prior to July 13" 1992, except as otherwise provided. 105030 US 1, Key Largo, Letter of Understanding (File 42015-059) Page 7 of 11 A ROGO allocation shall be required prior to the issuance of any building permit for the single-family residence. 11. Pursuant to MCC § 130-157, the following land use intensities apply to a single-family residential development: lmproved Subdivision 1 Dwelling Unit/Lot 0 The subject property consists of three (3) platted lets. Lots q and 10 are currently vacant and therefore the allocated density associated with those lots may be applied toward the development of a single family residence. *The third lot is currently occupied by a nonconforming nonresidential building and therefore has no density remaining. 12. Pursuant to MCC §130-157, in the 1S district, there is a general required open space ratio of 0.20 or 20% o. As defined in MCC §101-1, open space means that portion of any parcel or area of land or water that is required to be maintained such that the area within its boundaries is open and unobstructed from the ground to the sky. 13. Pursuant to MCC §130-186, the required non -shoreline setbacks in the 1S district are as follows: Primary front yard — 25'; Secondary front yard --- 15'; Primary side yard — 10'; Secondary side yard — 5' and bear yard — 20'. For a parcel that has road frontage along two or more roads, the primary front yard requirement set forth in MCC §130-186 shall be applied to the front yard to which development on the parcel is oriented. The secondary front yard requirement set forth in MCC §130-1.86 shall be applied to the remaining front yard(s) to which development on the parcel is not oriented. 14. The development would be subject to the following off-street parking requirements: Single -fancily dwelling 2 spaces per dwelling unit 1 dwelling unit 2 parking spaces units All regular parking spaces, with the exception of parallel, must be at least 8'6" in width by 18' in length. 105030 US 1, Key Largo, Letter of Understanding (File #2015-059) Page 8 of 11 15. The parcel(s) have a Tier Designation of Tier I1I-A (Special Protection Area). Pursuant to §118-9, the clearing of native upland vegetation for the combined parcels is 40% or 3,000 square feet, whichever is greater, however, clearing, shall not exceed 7,500 square feet of upland native vegetation. According to MC GIS data, the combined parcels consist of 9,000 square feet of hammock. Based on this value, the allowable clearing of native upland vegetation on the combined parcels would be 3,600 square feet. The GIS data does not take into account the existing structures or cleared areas. An existing conditions report prepared in accordance with MCC § 118-2 including a site plan at a scale of one inch equals 20 feet or greater showing the location of all native plant species that are threatened, endangered, or regionally important and areas of disturbance and exotic species will be required as part of the building permit application. The clearing allowances described above will be based on the actual extent of native plant species on the site. In addition to the clearing allowances, in accordance with MCC § 118-7: (1) To the maximum extent practicable, development shall be sited so as to preserve all listed threatened, endangered, commercially exploited, and regionally important native plant species and all native trees with a diameter at breast height (DBH) of greater than 4". In those instances where the Applicant can demonstrate that avoidance of such species or trees is not possible by clustering or by an alternate design approach, then such species and trees shall be relocated or replaced with nursery stock of the same species or equally rare species suitable to the site pursuant to a transplantation plan approved in accordance with MCC § 118-8 (transplantation plan).' Pursuant to MCC § 118-8, mitigation will be required for qualifying native vegetation removed for development if further clearing is permitted. The number, species and sizes of plants to be mitigated shall be included in the existing conditions report prepared and submitted by the Applicant and approved by the County Biologist. 16. Development of the site will be subject to review under the Permit Deferral Process (MCC § 122-8) for compliance with the Endangered Species Act. It is the purpose of section 12-8 to implement regulations that will assure, consistent with the loth Amendment to the U.S. Constitution, state and county regulations, proper record retention, coordination, and notification of FEMA and FWS regarding permit applications filed with or issued by Monroe County, inclusive of FEMA/FWS requirements agreed to by the applicant. For parcels or lots shown within the Species Focus Area Maps (SFAMs) in which an application for a permit for development has been made the planning director or his/her designee shall use the Species Assessment Guides (SAGs) to determine whether the County can issue a building permit with specific conditions or if the application must be forwarded to the USFWS for technical assistance. The parcel fills within a designated Species Focus Area for the following species: 1 As detailed in §118-8, the required mitigation is payment to the Monroe County environmental land management and restoration fund in an amount sufficient to replace each removed plant or tree on a 2:1 basis. 105030 US 1, Key Largo, Letter of Understanding (File 2015-059) Page 9 of 11 Key Largo woodrat Schaus' swallowtail butterfly Key Largo cotton mouse Eastern indigo snake Stock. Island tree snail Keys tree cactus 17. Pursuant to MCC §114-3(c), single-family residences are required to observe best management practices as identified in the sections of the county`s manual of stormwater management practices clearly labeled as applicable to single-family residences. In addition, regulation of stormwater management practices for single-family residences will be limited to the criteria, administrative procedures, and maintenance/retrofitting requirements identified in MCC § 114-3(d) and other applicable provisions of the land development regulations and the MCCP. 18. A major street bufferyard is required along the US 1 right-of-way. In the IS district, the required major street bufferyard is a class "D" bufferyard. The minimum class "D" bufferyard is 20' in width. Widths of 25', 30' and 35' are also optional with reduced planting requirements. A class "D" bufferyard is described/illustrated in MCC §114-128. 19. No structure or building shall be developed that exceeds a maximum height of 35'. Height means the vertical distance between grade and the highest part of any structure, including mechanical equipment, but excluding chimneys; spires and/or steeples on structures used for institutional and/or public uses only; radio and/or television antenna., flagpoles; solar apparatus, utility poles and/or transmission towers; and certain antenna supporting structures with attached antenna and/or collocations as permitted in MCC 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. 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. 20. No building permit shall be issued by the county for impact -producing development unless the applicant has paid the applicable impact fees. Therefore, an impact fee(s) will be assessed. 1. The Applicant has expressed interest in amending the IS Land Use District and RM FLUM designations to new designations that allow nonresidential offices and outdoor storage. A map amendment may be applied for in accordance with MCC §102-158. 2. Any development on Key Largo shall be consistent with all goals, strategies and action items of the Key Largo Community Master Plan, commonly known as the Key Largo Livable CommuniKeys Plan. A copy of this plan will be provided upon request. 3. Prior to the issuance of any building permit, if such review is required, all proposed development shall be found in compliance by the Monroe County Building Department and the Monroe County Office of the Fire Marshal. Staff recommends that the Applicant 105030 US 1, Key Largo, Letter of Understanding (File #2015-059) Page 10 of 11 coordinate with these offices prior to application submittal. The Planning & Environmental Resources Department does not review for compliance with the Florida Building Code. Pursuant to MCC § 110-3, you are entitled to rely upon the representations set forth in this letter 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, 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, Ivey West, FL 33040, 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, 2798 Overseas Highway, Suite 410, Marathon, FL 33050. 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 feel free to contact our Marathon office at (305)289-2500. Sincerely youi° , Mayte Santamaria, Senior Director Planning & Environmental Resources CC: Matthew Coyle, Principal Planner Emily Scheper, Comprehensive Planning Manager Michael Roberts, Senior Administrator of Environmental Resources 105030 US 1, Key Largo, Letter of Understanding (File #2015-059) Page 11 of 11 A �%'--�SOLRTIOTI BY THE SENIOR DIRECTOR OF PLANNING AND ENVIRONMENTAL RESOURCES D CHAIR OF THE DEVELOPMENT REVIEW COMMITTEE RECOMMENDING APPROVAL OF THE REQUEST Fr' ANDREW :e ANDRUSHKO FOR AN ORDINANCE MONROE COUNTY BOARD OF COUNTYO AMENDING LAND USE DISTRICTr FROM r r It SUBDIVISION I7. MIXED USE (MU) FOR PROPERTY L1lw l AT 105030 OVERSEAS LARGO,MARKER DESCRIBED AS LOT 11, BLOCK 3, REVISED AMENDED PLAT OF RIVIERA VILLAGE SUBDIVISION(PLAT BOOK PAGE 80) KEY LARGO,•FLORIDA,c REAL ESTATE NUMBER 11 1 1 111>I WHEREAS, during a regularly scheduled meeting held on March 29, 2016, the Development Review Committee (DRC) of Monroe County conducted a review and consideration of a request by Andrew P. Andrushko to amend the Land Use District (Zoning) Map designation from lmproved Subdivision (IS) to Mixed Use (MU) for property legally described as Lot 11, Block 3, Revised Amended Plat of Riviera Village, P132-80 of the Public Records of Monroe County, Florida, having real estate number 00510640-000000; and WHEREAS, based upon the information and documentation submitted, the Development Review Committee Chair and Senior Director of Planning & Environmental Resources found: 1. The proposed LUD amendment is not anticipated to adversely impact the community character of the surrounding area; 2. The proposed LUD amendment is not anticipated to adversely impact the Comprehensive Plan adopted Level of Service (LOS); 3. The proposed LUD amendment is consistent with the Goals, Objectives and Policies of the Monroe County Year 2010 Comprehensive Plan; 4. The proposed LUD amendment is consistent with the Key Largo Livable CommuniKeys Plan; DRC Resolution No. DRC; 02-16 File 42016-008 Page 1 of 2 Packet Pg. 3238 5. The proposed LUD amendment is consistent with the Principles for Guiding Development for the Florida Treys Area, Section 380.0552(7), Florida Statute (F.S.); and 6. The proposed LUD amendment is consistent with Part II of Chapter 163, Florida Statutes (F.S.). NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA that the information provided in the staff report and discussed at the March 29, 2016 meeting supports the Chair's decision to recommend approval to the Planning Commission and Board of County Commissioners. Date 1vi-11-. Mayte Santamaria, Ivelopment Review Committee Chair and Senior Director of Planning and Environmental Resources I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgments, personally appeared Mayte Santamaria, to me known to be the person described in and who executed the foregoing instrument and she acknowledged before me the she executed the same. WITNESS my hand and official seal in the County and State last aforesaid this '` ", day of 2016. NOTARY PUBLIC, STATE OF ANDREA GAIL CREECH U Notary Public - State of Florida y Comm. Expires Dec 18, 2018 Commission # FF 174433 Bonded through National Notary Assn. DRC Resolutions No. DRC 02-16 File 42016-008 Page 2 of 2 • i ■ ! i ■i • i • � •■ ■r•r r �, � � r � (M •rr rr�rr •r• r rr •r r :r p • •: r rr• • ■■• � ,•r r k • • ` • ,, r • p r) IN LIffikTA 101l "j WAlk�• WHEREAS, Andrew P Andrushko submitted an application on January 1 l th, 2016 to amend the Land Use District (Zoning) Map from Improved Subdivision (IS) to Mixed Use (MU) for property legally described as Lot 11, Block 3, Revised Amended Plat of Riviera Village, PB2/P80 of the Public Records of Monroe County, Florida, having real estate number 00510640-000000; and WHEREAS, the Monroe County Development Review Committee (DRC) considered the proposed amendment at a regularly scheduled meeting held on the 291h day of March, 2016 and recommended approval; and WHEREAS, the Monroe County Planning Commission held a public hearing on the 271h day of April, 2016 for review and recommendation of a proposed amendment to Land Use District (Zoning) Map from Improved Subdivision (IS) to Mixed Use (MU); and WHEREAS, the Planning Commission was presented with the following documents and other information relevant to the request, which by reference is hereby incorporated as part of the record of said hearing: 1. Request for a Land Use District (LUD) Map Amendment application, received by the Planning & Environmental Resources Department on January 11, 2016 (File #2016-008); and Resolution #P14-16 File #2016-008 2. Staff report prepared by Thomas A. Broadrick, AICP, Senior Planner, dated April 15, 2016; and 3. Draft Ordinance; and 4. Sworn testimony of the applicant; and 5. Sworn testimony of Monroe County Planning & Environmental Resources Department staff; and 6. Advice and counsel of Steve Williams, Assistant County Attorney, and Thomas Wright, Planning Commission Counsel; and WHEREAS, based upon the information and documentation submitted, the Planning Commission makes the following Findings of Fact: 1. Prior to the 1986 adoption of the County's current land development regulations and their associated land use district maps, the subject property was within a BU-1 (Light Business) zoning district; and 2. In 1986, as part of a county -wide rezoning, the land use district designation of the subject property was amended to Improved Subdivision (IS); and 3. With the adoption of the Comprehensive Plan's Future Land Use Map in 1997, the subject parcel was given its current Future Land Use Map designation of Residential Medium (RM); and 4. Map amendments to the Monroe County Land Use District Map shall not be inconsistent with the provisions and intent of the Monroe County Comprehensive Plan; and 5. § 102-158 of the Monroe County Code maintains that map amendments are not intended to relieve particular hardships, nor to confer special privileges or rights on any person, nor to permit a change in community character, as analyzed in Monroe County Year 2010 Comprehensive Plan, but only to make necessary adjustments in light of changed conditions or incorrect assumptions or determinations as determined by the findings of the BDCC; and 6. Monroe County Code §102-158(d)(5)(b) provides that one or more of the following criteria must be met for a map amendment: a. Changed projections (e.g., regarding public service needs) from those on which the text or boundary was based; b. Changed assumptions (e,g., regarding demographic trends); c. Data errors, including errors in mapping, vegetative types and natural features described in volume I of the plan; d. New issues; e. Recognition of a need for additional detail or comprehensiveness; f. Data updates; g. For FLUM changes, the principles for guiding development as defined in the Florida Statutes relating to changes to the comprehensive plan; and Resolution 014-16 File #2016-008 7. Map amendments shall be consistent with the policies of the Monroe County Comprehensive Plan; and 8. Map amendments shall be consistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; and WHEREAS, based upon the information and documentation submitted, the Planning Commission makes the following Conclusions of Law: 1. The proposed reap amendment is consistent with the provisions of the Monroe County Code: a. The existing lawfully established use of the property is consistent with the purpose of the Mixed Use (MU) Land Use District, as set forth in MCC § 130-38; b. The existing lawfully established use of the property is an as -of -right allowed use in the Mixed Use (MU) Land Use District, as set forth in MCC § 130-88; c. As required by MCC §102-158, the map amendment does not relieve particular hardships, nor confer special privileges or rights on any person, nor permit a change in community character, as analyzed in the Monroe County Year 2010 Comprehensive Plan; d. As required by MCC §102-158(d)(5)b.5., the map amendment is needed due to a need for additional detail or comprehensiveness; and 2. The proposed map amendment is consistent with the provisions and intent of the Monroe County Year 2010 Comprehensive Plan: a. The Mixed Use (MU) Land Use District corresponds with the Future Land Use Map (FLUM) designation of Mixed Use/Commercial (MC) and is consistent with the respective density and intensity as set forth in Policy 101.4.22; b. The Mixed Use (MU) Land Use District is consistent with the purpose of the Mixed Use/Commercial (MC) Future Land Use Map designation, as set forth in Policy 101.4.5; and 3. The proposed text amendment is consistent with the Principles for Guiding Development in. the Florida Keys Area of Critical State Concern. NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of Law support its decision to recommend approval to the Board of County Commissioners of the proposed amendment to Land Use District Map from Improved Subdivision (IS) to Mixed Use (MU), for property legally described as Lot 11, Block 3, Revised Amended Plat of Riviera Village, PB2/P80 of the Public Records of Monroe County, Florida, having real estate number 00510640-000000, in accordance with § 102-158 of the Monroe County Code, contingent on adoption and effectiveness of the associated. Future Land Use Map amendment. PASSED AND ADOPTED BY THE PLANNING COMMISSION of Monroe County, Florida, at a meeting held on the 271h of April, 2016. Resolution #P14-16 Pile #201.6-008 Denise Werling, Chair —Yes — William Wiatt, Vice -Chair —Yes— Beth Ramsey-Vickrey, Commissioner —Yes — Elizabeth Lustburg, Commissioner —Yes— Ron Miller, Commissioner —Yes— PLANNING COMMIKION OF MONROE COUNTY, FLORIDA Byz & Denise erling. Chair Signed this *" day of H40, fC Monroe County planning Commission Attorney Approved As To Form Date: -- 1�1A1' 2 5 2616 AGENCY CLERK Resolution #P14-16 File #2016-008 TI IIS INS"['1tUM N`I' WAS PREPARED BY: Vir *inia Pennell Sunshine Title of the Keys, inc. 102900 Overseas highway #6 Key Largo, Florida 33037 KNOW ALL MEN BY THESE PRESEN''TS: That Andrew P. Andrushko, it single man, whose post office address is 1500 Presidenthal Way, Apt, 104, West Palm Beach, FL 33041, party of the first hart, tot- and in considcrration of the. 8LIM Of Telt Dollars ($10.00` lawful money of the United States, to be paid by 31L, LLC, a 1e orida Ihnited hability company, of P.0, Box 1730, Key Largo, FL 33037, party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained, sold, transfetTcd, and delivered, Land by these presents does grant, bargain, sell, transfer and deliver unto the patty of the second part, his/her executors, administrators and assigns, the following goods and chattels located on the property at 105040 Overseas I-InY, Ivey Largo, FL 33037: Per "As Is" Residential Contract for Sale and Purchase To Have and To Hold the same unto the; said party of the second part, hi5/lwr exc maors, iachni histrators, and assigns forever. And lore/she does for themselves and his/her heirs, executors and administrators, covenant to and Willi the party of the second part, his,/her executors administrators and assigns that he./she is the lawful owner of the said goods and chattels; that they are free front all encumbrances; that he/slic this good right to sch the same aforesaid, and that he/she will wean -ant and depend the sale of the said property, goods And 0hhattels hereby anade, unto the said party of the second pail his/her executors, administrator's and assigns against the lawful claims and dernands of all persons whomsoever, / r In Wiliness VVIiereof, t�i> party of the first part leas lierounto set his/her haricrtmd seal this 13t1i day of Septc,inber, 2016, S l aacjc scaled and {t fliv,1d cci it t pittee of us. ~,�_� Witness #1 ,tl! aTUI•e Andrew I', AndrusBko ! Virginia Pennell whrnthess t I t'rtsrsc;d Name r i (<. Witness rtthoatettw 1 " € \4'itness 'l2 I't lured Natne STATE OF FLORIDA COUNTY OF MOT"iROE The foregoing instntment was acknowvledged b tot'Ls g°:he ih 13th d wv «" Sep eznb r, 2il I6 lay' Andrew l'. Andrushko who is personally known to me or has produced .. _ ,..... � /t. a.t.I;s. .i �21 . r yf , i Gti9ia .;i ii,,n and did (� dill not take an oath. 1 r SEAL t a -r• Fr Notary Vi&ll 4 Printed Noiary Name My Cotnrnission 1 rpir s:_ " File N,),: 16081632 THIS INSTRUMENT PREPARED BY AND RETURNTO: Virginia Panne]] Sunshine Title of the Keys, hnc. 102900 Overseas Highway ffb Key Largo, Florida 13037 Our file No.: 16081632 Property Appraisers Parcel Identification (Folio) Number: 00510640-000000 Florida Documentary Stamps in the amount of'$1,400,00 have been paid hereon SPACE lttOVETIIPS iavt , OF ItE::e.i}g?i INC, i AS,t WARRANTY REED T'LLLS WARRANTY DEED, made the 13th day of September, 2016 by Andrew P.- Attdrushko, it Single Man, whose post office address is 1500 Presidential Way, Apt. 104, West Palm Beach, L, 33041 herein canllcd the Grantor, to ML, LLC°, a Florida limited liability company whose post office additeUi is P.O. Box 030, Ivey Largo, FL 33037, hereinafter called the Grantee: (Wierever used herein the etinis "Grantor" and "Grantee" bleludc all the ponies to this htsniaiiew and 111L, odiry, legal rept'esenarrtives and assigns o(indwiduals, and the steccessars and assigns of corpr vilons) W I T N E S S E "f IL That the Grantor, for and in consideration of the sutn of 'FEN AND 00/ 10D'S ($1 UO) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, rernises, releases, conveys and confirms unto the Grantee all that certain land situate in MONROF Courtly, State of Florida, viz.: Lot 11, in Block 3, of REVISED AMENDED PLAT OF RIVIERA VILLAGE, its recorded fit Platt Book 2, Page 80, of the Public Records of Monroe County, Florida. Subject to easements, restrictions and reservations of record and taxes for the year 2016 and thereafter. Subject to a Purchase Money First Mortgage and a Purchase Money Second Mortgage TOGETHER, with all the tenements, hereditatnents and appurtenances thereto belonging or in fulywise 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 No simple: that the Grantor has good right and lawfut authority to sell and convey said Lund, and hereby warrants the titlu to said land and will defend the same against the lawful claims of all persons wliomsoever; and that sails lutwd a; to°ce ofall encumbrances, except taxes accruing subsequent to December 31, 2015, •` IN —WITNESS y'111 1i Gte`, the said Grantor has signed snd•S lest tlics-prescnts ¢he eiay and yearringt above wwaettcsl , nseoled,tait9Ftvrelte�_resenceof: 1 Witness #1 S mature Andrew P. Andrushko _ Virginia.Rujincill 117ataaekw � @' ur C s's' ttne Witness Sig re ��t Witness #2 Printed Name STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged bel In, in-Nii� 3fli d,tw e k Sepkenificr, 2016, by Andrew P, 'ondr ti4h s - who is personally known tonic or has produced t��t t,(. .,,j fL `, `_• adctai(aia`.atac,rt ztad 0-1iacl y�i not take an oath. {t Itt f i SEAL Notary 1'utwtti .® Printed Notary Name Ni ca fission expires ' Y P v,•:tt � �. Pile No.: 16081632 Property Search -- Monroe County Property Appraiser http://ww%v.mcpafl.org/P m"Irl-m- Ma 191 M-e m.1 mol -, I Property Record Card - Maps are now launching the new map application version. Alternate Key: 1629952 Parcel ID: 00510640-000000 Ownership Details Mailing Address: ANDRUSKO ANDREW P 105030 OVERSEAS HWY KEY LARGO. FL 33037-3062 Property Details PC Code: 17 - OFFICE BUILDINGS 1 STORY Millage Group: 500K Affordable No Housing: Section -Township- 01-61-39 Range: Property Location: 105030 OVERSEAS HWY KEY LARGO Subdivision: RIVIERA VILLAGE REV & AMD Legal Description: BK 3 LT 11 REVISED AMENDED PLAT OF RIVIERA VILLAGE PB2-80 KEY LARGO OR510-504 OR567-657 OR1 218-655 OR1974-1355 OR2557-886 OR2580-770 OR2611-1849 OR2707-2161 Click Map Image to open interactive viewer 1 of 5 Property Search -- Monroe County Property Appraiser http://ww%v.mcpafi.org/P R.3.h yr� J690 Y ¢ �� 510650 �'p 12 511 7C 65 tit Ve fdf yw 1 E 6 1 way_ R 9E � y��r, NN",, ! tlr 511270 l' r r, "i~ ems. �y if q•� �f �1 ,k � rr,l4rl. i 1� W DetailsLand Land Use Code 100H - COMMERCIAL HIGHWAY Building Summary Number of Buildings: 1 Number of Commercial Buildings: 1 Total Living Area: 250 Year Built: 1939 r Y ntage Aepth Land Area U 25 120 3,000.00 SF I 2of5 Property Search -- Monroe County Property Appraiser http://www.mcpafl.org/P Building I Details Building Type Effective Age 76 Year Built 1939 Functional Obs 0 Inclusions: Roof Type Heat I Heat Sre 1 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 FLA 10 FATS. Condition P Perimeter 70 Special Arch 0 Economic Obs 0 Roof Cover Heat 2 Heat Sre 2 W-1 ii on Quality Grad® 50 Depreciation % 60 Grnd Floor Area 250 Foundation Bedrooms 0 Vacuum 0 Garbage Disposal 0 Compactor 0 Security 0 Intercom 0 Fireplaces 0 Dishwasher 0 a "I Sections: - Nbr Type E t Wall # Stories Year Built Attic A/C Basement aswriont % Area 1 1938 250 Interior Finish: Section Nbr Interior Finish Nbr 14193 Type Area % Sprinkler A/C OFFICE BLD-1 STORY 100 N N 3 of 5 Property Search -- Monroe County Property Appraiser http://www.mcpafl.or-0/P Interior Finish Nbr 4904 Appraiser Notes Type Area % C, B. S. 100 2004/6/29 BUILDING HAS MINAMAL VALUE, ONLY BARE WALLS AND FOUNDATION LEFT TCF Parcel Value History Certified Roll Values. View Taxes for this Parcel. Roll Total Bldg Total Misc Improvement Total Land Total Just (Market) Total Aseeised School Exempt School Taxable Year Value Value Value Value Value Value Value 2016 9,400 0 45,000 54,400 54,400 0 54,400 2015 9,400 0 45,000 54,400 54,400 0 54,400 2014 9,400 0 45,000 54,400 64,400 0 54,400 2013 9,400 0 24,000 33,400 33,400 0 33,400 2012 9,400 0 24,000 33,400 33,400 0 33,400 2011 9,400 0 39,000 48,400 48,400 0 48,400 2010 9,400 0 60,000 69,400 69,400 0 69,400 2009 9,400 0 66,000 75,400 75,400 0 75,400 2008 9,400 0 84,000 93,400 93,400 0 93,400 2007 6,945 0 45,000 51,945 51,945 0 51,945 2006 6,945 0 30,000 36,945 36,945 0 36,945 2005 6,945 0 12,750 19,695 19,696 0 19,695 2004 6,944 0 12,750 19,694 19,694 0 19,694 2003 6,944 0 12,750 19,694 19,694 0 19,694 2002 6,944 0 12,750 19,694 19,694 0 19,694 2001 6,944 0 11,250 18,194 18,194 0 18,194 2000 6,944 0 8,250 15,194 15,194 0 15,194 1999 6,944 0 8,250 15,194 15,194 0 15,194 1998 6,616 0 8,250 14,866 14,866 0 14,866 1997 6,616 0 8,250 14,866 14,866 0 14,866 1996 6,015 0 8,250 14,265 14,265 0 14,265 1995 6,015 0 8,250 14,265 14,266 0 14,265 1994 6,015 0 8,250 14,266 14,265 0 14,265 1993 6,015 0 8,250 14,265 14,265 0 14,265 1992 6,015 0 8.250 14,266 14,266 0 14,265 11991 6,015 0 8,250 14,266 14,265 0 14,265 1990 6,015 0 8,260 14,266 14,265 0 14,265 1989 6,015 0 8,250 14,266 14,265 0 14,265 4 of 5 http://www.mcpafl.org/P 1988 5,779 0 8,250 14,029 14,029 0 14,029 1987 1986 5,650 5,658 0 0 8,250 8,250 13,900 13,908 13,900 13,908 0 0 13,900 13.908 1985 12,305 0 9,000 21,305 21,305 0 21,305 1984 11,881 0 9,000 20,881 20,881 0 20,881 1983 11,881 0 7,501 19,382 19,382 0 19,382 1982 10,601 0 7,501 18,102 18,102 0 18,102 Parcel Sales History NOTE, Sales do riot generally show up in our corripuiler system t.jnfil about two to three months after the date of sa e, If a recent sa e does not snow up in this list. please E.,,1k)w more tirywi fo( tlr s sale n cord to be, inrocessaed, Thank yoiA fcr'dOLIF patience and understanoing, Sale Date Official Records Book/Page Price Instrument Qualification 10/9/20114 2707/2161 15,000 WD 12 1/7/2013 2611/1849 76,000 WD 05 7/13/2012 2580/770 22,600 WD 05 2/16/2012 2557/886 25,100 WD 05 61111992 1218/655 36,000 WD M 2/1/1973 567/657 1,000 00 Q U =7 ��M Monroe County Property Appraiser Scott P. Russell, CFA P.O. Box 1176 KeM West. FL 33041-1176 w= MONROE COUNTY, FLORIDA PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT a.d r Disclosure of Interest Pursuant to Section 101-6 of the Land Development Code, this form shall accompany land -use related applications. The intent is to disclose the identity of true parties in interest to the public, thereby enabling the public to ascertain which parties will potentially benefit. Any person or entity holding real property in the form of a partnership, limited partnership, corporation, assignment of interest, trust, option, assignment of beneficial or contractual interest, or any form of representative capacity whatsoever for others, except as otherwise provided, shall, during application submittal for a specified application types, make a public disclosure, in writing, under oath, and subject to the penalties prescribed for perjury. Exemptions to the requirements of this section include the beneficial interest which is represented by stock in corporations registered with the federal securities exchange commission or in corporations registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general. public. This written disclosure shall be made to the planning director at the time of application. The disclosure information shall include the name and address of every person having a beneficial or contractual interest in the real property, however small or minimal. • If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary): Name and Address % of Ownership • If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. (Use additional sheets if necessary): Name and Address % of Ownership v L / o Page 1 of 2 03/2013 • If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. (Use additional sheets if necessary): Name and Address % of Ownership * In the case of a trust, the four largest beneficiaries must also sign the affidavit. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. (Use additional sheets if necessary): Name and Address % of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. (Use additional sheets if necessary): Name and Address I % o f Ownership * Please provide date of contract • If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. (Use additional sheets if necessary): Name and Address By signing this form, the signer certifies that he or she is a person who is familiar with the information contained in the form, and that to the best of his or her knowledge such information is true, complete and accurat Printed Name / Signature of Person Completing Form: -7 State of Florida, County of Monroe G Foregoing in rument was acknowle day He/she ` personally known to me has pr as identilica ;max` G Expires y Commission t 31013 LISA R. MCILVANO Notary Public - State of Florida Page 2 of y Comm. Expires Jun 9, 201 �# �§ Commission # FF 13089 Bonded Through Nationd Noisy Assn. by Detail by Entity Name http://search.sunbiz.org/Inquiry/CorporationSearch/Sear Home Contact Us E-Filing Services Florida Limited Liaili Cote an 3JL, LLC Filing Information Document Number L15000158580 FEI/EIN Number APPLIED FOR Date Filed 09/17/2015 State FL Status ACTIVE PrincipalAddress 105040 OVERSEAS HWY KEY LARGO, FL 33037 Mailing,Address PO BOX 1730 KEY LARGO, FL 33037 Registered Agerit Marne & Address LEE, JANET 105040 OVERSEAS HWY KEY LARGO, FL 33037 Authorized Person(s) Detail Name & Address Title MGRM LEE, JANET 105040 OVERSEAS HWY KEY LARGO, FL 33037 Annual Reports Report Year Filed Date 2016 04/28/2016 Document Images Document Searches Forms Help Iof3 MONROE COUNTY, FLORIDA 1 Kvyiz 'k -, - 1, - 11 1 LVICRYWENT Future Land Use Map (FLUM) Amendment Application An application must be deemed complete and in compliance with the Monroe County Comprehensive Plan and Code by the staff prior to the item being scheduled for review Application Fee: $5,531.00 The base fee includes two internal staff meetings with applicants; one Development Review Committee meeting, one Planning Commission public hearing; and one Board of County Commission public hearing. If this minimum number of meetings/hearings is exceeded, additional fees shall be charged pursuant to Fee Schedule Resolution and paid prior to the private application proceeding through public hearings. Advertisement Fee: $245.00 Surrounding Property Owner Notification Fee: $3.00 per each property owner Transportation Study Review: $5,000.00 Deposit (any unused funds will be returned upon approval) Submittal Date: Applicant/Agent Authorized to Act for Applicant: Applicant (Name of Person, Business or Organization) Name of Contact Person/Agent Contact Person/Agent Mailing Address (Street, City, State and Zip Code) Contact Person/Agent Phone # WZ33M1= Contact Person/Agent Email Address a4AT&7— GX 4-1EIE7 Owner Name (Name of Person, Business or Organization) Narne of Contact Person 0-- Owner Mailing Address (Street, City, State and Zip Code) lgaf- s"3 J-V, Owner Phone # Owner F"mall Address M Page 1 of 7 0(1/2013 Legal Description of Property (if in metes and bounds, please attach separate sheet): Block Lot Subdivision Key Name Real Estate (RE) Number Alternate Key Number Street Address Approximate Mile Marker ProposedTotal Land Area Affected by + 6W �* 1 - � Existing Use of the Property (If the property is developed, please describe the existing use of the property, including the number and type of any residential units and the amount and type of any nonresidential development): -. - - J J J Please describe the reason for the proposed FLUM amendment (attach additional sheets if necessary): U Page 2 of 7 The Board of County Commissioners adopted Policy 101.4.20 (Ordinance 028-2012) with an effective date of November 20, 2012. Pursuant to Policy 101.4.20, any private application requesting a future land use map amendment after this effective date which proposes an increase in allocated density and intensity, must be designated as Tier III and have existing public facilities and services, including central wastewater facilities. Additionally, any private application requesting a future land use map amendment after this effective date which proposes an increase in allocated density and intensity shall be required to purchase and donate land to offset the proposed increase (includes the requirement to donate acreage or Improved Subdivision lots). Provide the net change in density and intensity for the proposed FLUM amendment. Is there a proposed increase? What steps would be taken to comply with Policy 101.4.20? (attach additional sheets if necessary): 19ee-- �92(. Pursuant Chapters 163 and 380, Florida Statutes, an amendment to the Comprehensive Plan must be consistent with the Florida Statutes, with the Monroe County Comprehensive Plan, and with the Principles for Guiding Development for the Florida Keys Area, Section 380.0552(7), Florida Statute. Please describe how the proposed text amendment is consistent with each of the following (attach additional sheets if necessary): 1) The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statute. (At a minimum, please review and address Sections 163.3177, 163.3178, 163.3180, and 163.3184, F.S.) Specifically the amendment furthers: 1--�g'-vc —c-,t �ItQ60 1?36 a 2) The proposed amendment is internally consistent with the following Goals, Objectives and E Policies of the Monroe County Year 2010 Comprehensive Plan: U�� 3) Does the proposed amendment meet adopted level of service standards of the Monroe County Year 2010 Comprehensive Plan (see Policy 101.1.1)? Provide an analysis of availability of facilities 1 services corresponding to the proposed attach any Letters of Coordination from utility providers as well: 4) The proposed amendment is consistent with the Principles for Guiding Development for the Florida Keys Area, Section 30.0552(7), Florida Statute: Pursuant Section 102-158 of the Land Development Code, the Board of County Commissioners may consider an ordinance to transmit to the State Land Planning Agency an amendment to the FLUM if the change is based on one or more of the following factors. Please describe how one or more of the following factors shall be met (attach additional sheets if necessary): Changedregarding on i based: Page 4 of 7 Document:3) Data errors, including errors in mapping, vegetative types and natural features described in the Comprehensive Plan Technical T_ 4) New issues: n 1 ar In no event shall an amendment be approved which will result in an adverse community change of the planning area in which the proposed development is located. Please describe how the amendment would not result in an adverse community change (attach additional sheets if necessary): �S Has a previous application for a FLUM amendment been submitted for this site within the past 2 years? A�e Ifyes, Date : 77,e Is 15 .4- 49541J•Er-�. No H177-1 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) Completed application form Applicable fees (check or money order to Monroe County Planning & Environmental Resources) Proof of Ownership & Ownership Disclosure Form Current Property Record Card Location map Photograph(s) of site from adjacent roadway(s) Copy of current Future Land Use Map Copy of current Land Use District Map Disclosure of Interest form Sealed Boundary Survey, prepared by a Florida registered surveyor, depicting proposed Future Land Use Map changes with acreage — five (5) sets Typed mad I i ng I abel s (name and address) of ai I property owners wi thi n 300' of the boundari es oi the affected property If applicable, the following must be submitted in order to have a complete application submittal: Agent Authorization form (required if application is submitted on behalfqfanother party) Traffic Study, prepared by a licensed traffic engineer Transportation fee of $5,000 to cover the cost of experts hired by the Growth Management Division to review the traffic study (any unused funds deposited will be returned upon approval) If deemed necessary to complete a full review of the application, within reason, the Planning & Environmental Resources Department reserves the right to request additional information. Additional fees may apply pursuant to the approved fee schedule. I By signing this application, the Applicant certifies themselves as a person who is familiar with the information contained in application, and that to the hest of their knowledge such information is true, coMplete and accurate. Signature of Applicant State of Florida, County of Monroe County The fore, 0 instrUll 'llt was acl<n 1ed , ° this 1 day of r , �., by 1 icls .n is perso�ially known to ile or has j1'� v as identification. 3 3 W ,A,5 t17 t 66 1 331 dd 8 uolsBlw OO dotal Ep0Z'6 unp salldx wwo Y i31iunission Expires l �� ePI10ld to aivis - allgnd A,eloN s F VUAIIDOW 'H VSI1 '` 141, r Send applicatie lanning & Environmental Resources Department, Marathon Government Center, 2798 Overseas Highway, Suite 400, Marathon, FL. 33050. A111ILiit.'A' ION MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT �Y 9 �Y t i rl Land Use District Map (LUD) Amendment Application N"IMMG A < <, �g. "a 1 «, 1 ," .e " 4 l4,tk -ArANkP lrySG�� An application must be deemed complete and in compliance with the Monroe County Code by the staff prior to the item being scheduled for review. Amendment to Land Use District Map Application Fee: $4,929.00 In addition to the application fee, the fallowing fees also apply: Advertising Costs: $245.00 Surrounding Property Owner Notification: $3.00 for each property owner required to be noticed In Date of Application: r / f' l t Month Day Year Applicant / Agent Authorized to Act for Property Owner: (Agents must provide notarized authorization from all property owners.) Applicant (Name of Person, Business or Organization) k 0 a Mailing Address (Street, City, State and Zip Code) Name of Person Submitting this Application 19 Work Phone Home Phone Cell [shone I Add Tess Property Owner: (Business/Corp most include documents showing who has legal authorized to sign.) (Name/Entity) Contact Person YC,, _ � t- Mailing Address (Street, City, State and Zip 4-)de) Work Phone Home Phone Cell Phone Legal Description of Property: (If in metes and bounds, attach legal description on separate sheet.) ' OE it Address Block Lot Subdivision Key Real Estate (RE) Number Alternate Key Number t 0 2 Street Address (Street, City, State & L p Code) y Approximate Mile Marker Page 1 of 5 Last Revised October 2015 Current Future Land Use Map D' 1 Total1 Area Affected by Proposed Tier Designation(s)< In accordance with Sec. 102-158, the BOCC may consider the adoption of an ordinance enacting the proposed change based on one or more of six factors. Please describe how one or more of the following factors shall be met (attach additional sheets if necessary): 1. Changed projections (e.g., regarding public service needs) from those on which the text or boundary was based: 3. Data errors, including errors in mapping, vegetative types and natural features described in Volume I of the plan: 'A`�� i- V o,P.') _ ol l lr C" kld+rx l e Page 2 of 5 Last Revised Octobei` 2015 4. New issues. 5. Recognition of a need for additional detail or comprehensiveness: 6. Data updates: In no event shall an amendment be approved which will result in an adverse community change of the planning area in which the proposed development is located. Please describe how the neap amendment would not result in an adverse community change (attach additional sheets if necessary): Has a previous Land Use District Map amendment application submitted for this site within the past two years? Yes 0 No If yes, data the application was submitted: I olith 1)ZIN Yew — All of the following items must be included in order to have a complete application submission: (Please check the boa as each required item is attached to the application.) Complete Land Use District Map amendment application (unaltered and unbound) Correct fee (check or money order to Monroe County Planning & Environmental Resources) en Proof of ownership (i.e., Warranty Deed) Current Property Record Card(s) from the Monroe County Property Appraiser Location map from Monroe County Property Appraiser Copy of current Land Use District Map (request from the Planning & Environmental Resources Department prior to application submittal) LJ Copy of current Future Land Use Map (request from the Planning & Environmental Resources Department prior to application submittal) LJ 300 foot radius map from Monroe County Property Appraiser Office List of surrounding property owners from 300 foot radius map Page 3 of 5 Last Revised October 2015 11 Photograph(s) of site from adjacent roadway(s) El Signed and Sealed Boundary Survey, prepared by a Florida registered surveyor- sixteen (16) sets (at a minimum). Survey should include elevations; location and dimensions of all existing structures, paved areas and utility structures; all bodies of water on the site and adjacent to the site; total acreage marked with land use district; and total acreage shown with vegetative habitat) El Typed name and address mailing labels of all property owners within a 300 foot radius of the property (two (2) sets). This list should be compiled from the current tax rolls of the Monroe County Property Appraiser. In the event that a condominium development is within the 300 foot radius, each unit owner must be included If applicable, the following items must be included in order to have a complete application submission: (Please check the box as each required item is attached to the application.) El Notarized Agent Authorization Letter (note: authorization is needed from all owner(s) of the subject property) El Any other Monroe County documents including Letters of Understanding pertaining to the proposed Land Use District Map amendment Is there a pending code enforcement proceeding involving all or a portion of the parcel proposed for development: ❑ Yes ❑ No Code Case file # application is being submitted to correct the violation: Describe the enforcement proceedings and if this If deemed necessary to complete a full review of the application, the Planning & Environmental Resources Department reserves the right to request additional information. The applicant/owner hereby acknowledges and agrees that any staff discussions or negotiations about conditions of approval are preliminary only, and are not final, nor are they the specific conditions or demands required to gain approval of the application, unless the conditions or demands are actually included in writing in the final development order or the final denial determination or order. By signing this application, the owner of the subject property authorizes the Monroe County Planning & Environmental Resources staff to conduct all necessary site visits and inspections on the subject property. I, the Applicant, certify that I am familiar with the information contained in this application, and that to the best of my knowledge such information is true, complete and accurate. Signature of Applicant: _ . �_ Date. �. See Page 5 for Notary Acknowledgement Page 4 of 5 Last Revised October 2015 STATE OF 1'1 COUNTY OF l)t V1 Y r F Sworn to and subscribed before me this day of by JOUV14 who 's fat tstsna,y know' 1 me OR produced (PxiNT rraME of tk�rttsst ° t�x�.�°aTEmErrT> (TYPE of S i gnatttim o rotary Print, Type or Stamp Commissioned N My commission expires: / !/ as identification. 1', "LISA R. MCGILVRA ., of ry Public . Slate of Florida b4nm. Expires Jun 9, 2018 Commission # FF 130899 Bonded Through National Notary Assn Send complete application package to: Marathonr, "+ Overseas Highway, Suite 400 Marathon, FL 33050 Page 5 of 5 Last Revised October 2015