Item D12 D.12
J �� BOARD OF COUNTY COMMISSIONERS
County of Monroe ire �f �r�l � � Mayor Heather Carruthers,District 3
The Florida.Keys a Mayor Pro Tem Michelle Coldiron,District 2
V Craig Cates,District I
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
May 20, 2020
Agenda Item Number: D.12
Agenda Item Summary #6836
BULK ITEM: No DEPARTMENT: Assistant County Administrator
Christine Hurley
TIME APPROXIMATE: STAFF CONTACT: Christine Hurley (305) 292-4441
Req 10 a.m.
AGENDA ITEM WORDING: Discussion with Dr. Jonathan Gueverra with the College of the
Florida Keys regarding Big Pine Road Prison property.
ITEM BACKGROUND: The"now closed" Big Pine Road Prison is owned by the State of Florida.
The State Lands division of the Department of Environmental Protection (DEP) leased the Big Pine
Key Road Prison property to Monroe County on October, 2017 for Hurricane Irma debris removal
and recovery.
The site represents an opportunity for important potential community services for the quality of life
for residents in and around Big Pine Key and Monroe County as a whole.
The College of the Florida Keys proposes to lease the land which will be used for a small sporting
complex (track and multi-use field), educational areas to be used for CDL training, motor vehicular
tactical training for the institute for public safety, with potential partnerships for other services, such
as:
• a sheriff substation,
• space for the Boys and Girls Club,
• space to offer services to residents. and
• Sufficient open space that can be used for temporary storage of debris in the event of another
natural disaster.
Planning staff have reviewed the historic uses on the site and have determined (see attached Letter of
Determination of Development Rights)the following:
• One (1)residential dwelling unit was lawfully established on the subject property and is
exempt from the ROGO permit allocation system; and
• 13,153 square feet of nonresidential floor area is exempt from the NROGO permit allocation
system.
• No future residential uses would be permitted, as the zoning/land use does not allow this.
Further, Engineering staff have indicated the following related to the wastewater system:
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• The wastewater treatment plant on the site has been decommissioned by Dept. of
Corrections. There is an internal collection system for the existing buildings. Further
investigation is needed to determine the condition of the existing facilities and
improvements.
• The system needs and internal collection system would be dependent upon what is ultimately
constructed at the site.
• There is a central system available on both east and west sides of the property. A lift station
may be required (size depends on the uses) and possibly an internal collection system
(depends on the development). All of which will require a permit from DER
The adjacent County owned site is leased to Forestry and a survey of that site indicates there may
be encroachments from the County owned site onto the"road prison site". Currently, the College
is working with the Forestry staff to determine what their needs are for the site as well.
Dr. Gueverra would like to discuss the potential uses with the County Commission to obtain
input on the various proposed uses.
PREVIOUS RELEVANT BOCC ACTION: On July 17, 2019, Commissioner Coldiron discussed
The College of the Florida Keys interest in utilizing the Big Pine Key Prison property, with
presentation by Dr. Frank Wood, of The College of the Florida Keys. No official action was taken
by the Board.
CONTRACT/AGREEMENT CHANGES:
None
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Big Pine Key TS Lease
052919.Wilson.FDEP Letter
2020_04_06 - 450 Key Deer Blvd LDRD - Final
Road Prison site plan (rough)
Big Pine Key layout
Big Pine Fire Station-Rev Plan Set 9-19-07 (annotated)
Big Pine Key Survey
Schemper.Site Map
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
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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: If yes, amount:
Grant:
County Match:
Insurance Required: N/A
Additional Details:
N/A
REVIEWED BY:
Christine Hurley Completed 04/29/2020 10:33 AM
Kevin Wilson Completed 04/29/2020 11:39 AM
Christine Limbert Completed 05/01/2020 3:53 PM
Purchasing Completed 05/01/2020 3:54 PM
Budget and Finance Completed 05/04/2020 8:26 AM
Maria Slavik Completed 05/04/2020 5:15 PM
Kathy Peters Completed 05/04/2020 7:24 PM
Board of County Commissioners Pending 05/20/2020 9:00 AM
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;HIS LEASE st..,tl1.E=tvT, Mace this r� �`" c:ay of February
A. D. 1972 by and 'between the COUNTY OF %,T.0NROF, STATE; OF FLORIDA,
a poletical subdivision of the Statc of Florida,
as Lessor, and the Department of Agriculture and Consumer Services (Divi-
sion of Forestry), as hna3ss,
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and otter valuable c,r,A.,iKe .,4 o, ...s lessor has lit and leas.d and
toes by these pre encs 10C a-L vas. tant.o the Lessee, its successors and
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,.crta assigns, t�a� o . aett t��xZ:.a _ laud lv�es..,. . ,, t ._.; —Ay, m
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State of Florida, sc rb
A TRACT OF LAND IN A PART OF SECTION" 2u, 1'. 66Sq, R. Z9I., •y
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on Tait; Pine Key, Wnroe C o unty, I lorida nd Etc'_ ng nmre° pwQcularl_y (.
described by nietes and bounds as follows: m
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C oinrnencin4 at the ia3ta:rsection of the Last Line of the West Half of W
1 7 the 'Northwest (Quarter of Section zG and the soothvvester-ly right-of-wry line
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J of SWU Road S940, said hiterscct'aon also to be known as they PC7IN'T OF a�
l;EG INIC of thn tract of land hereinafter described, bear ,Soutar 31 degrees CM
and 34 niirtutos East, al.eanu said southeleste0y fight-of-Aay line of State c
1 oad S 14% 567.21 foot to the North Lima of thy Wthudi.st Church 1'roper.ty-; �
thence-.! bee j.. West along said 'Wromh Line of the 'v ethudist Church 11roporty,
WC 93 f"t to tl r East Line of the West half ch the Northwest (Quarter of c
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Section guy. thence bazar North, along the East Line of the West 1-fali of the N
Northti e,,it (Quarter of Section 26, 483, Zd fee% back to the POINT OF hEGI NIN" v
containing 1, 64 acres, LESS TIIF EXISTING' Z:`1'a'O CONCRETE BLOCK
DUILDINC1,S•KI% JWN AS A FI E'rHC.UST AND A RES`l'RC OMi . m
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kf7 liAVL uta'ao the said Lessee, LS
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and ;s o: we my :,.ve 25) years from the da.e I,t reo ..
w in land or E
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Vit'_ r�1 purposes ores in Lroi,jfit.s.u1.wn withfire control.. in the _.... c L. .',o�c said V
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_a" . .Iu cease Le. W� tow > , cin.;a. !• acu i'orestry purposo for .-
iI.._ Cis; . ..su a_ -- jai yt_eltw', 0»ate.-1 laid _v" Shall 1'GVe1t Cc thw
ass ,:.. its su.vts aors and assiZns; and the 'Lessee shall nave as further
'.. -- min interest wherein, out shalt have the right to remove
a ly.a.-�y C�Y.I-
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aid .�anns nay and all improvements, fixtures, goods, Wares, l�erchan-
any owe':: properties it may have placed thereon.
>aEc, at the Wirecion of this Lease, shall have ahe „ntiol:
� .� ..,. zero; the raof for a yeriod Of c:wenty f vo 121 ~earn .._wt
- ,,.._t- of expiration upon the [same `arras and conditions as htrai:.
Approved to f,,�rm ajd
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providers, and failure of Lessee to give to Lesson` written notice thirty
(30) days prior to the: date of termination herein fixed of its intention
to terminate or renew same shall be considered evidence that Lessee
Intends to consider said lease in full force and effect for the period
of such extension and to be bound accordingly.
The said Lessor does thereby warrant the title to said land above
described and covenants that same is free from all liens and encumbrances
and covenants to defend the title thereto for the, benefit of the Lessee,
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its successors and assigns, to proteCL the Lessee in its use and enjoy- Cl)
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dent of the property above described in accordance with the tenants hereof. r"
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IN WITNESS Wl1LREOF, the saLd Lessor has caused these presents to be
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signed in its name by its President and its corporate seal to be affixed, o
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and the Department of Agriculture and Consumer Services (Division of For- �
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entry) has caused these presents to be executed in its name by the Com-
missioner of Agriculture, on the day and year first aforesaid, in duplicate.,
COUKTY OF N40NROE, STATE OF
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in the Presence of: Harry Harris, b ��� f c,ar.• u
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FLORIDA DEPARTMENT OF AGRICULTURE AND
Signed, Sealed and delivered CONSUMER SERVICES Cl)
in the Presence of v
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By. �� r
Doy e Conner
Commissioner of Agriculture
(W��ts essc
STATE OF FLORIDA
coux'fy 07 M NROE
I hereby certify that on this, the day of laz-cahr
19 72 , before me, the undersigned authority, personally appeared.
i 1T.i{Y 11AiZl IS to me personally known- and
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known to [tie to be C} iarr7a_r of the. Board of ('ounty
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(;ornrnns,.fcmc rs o'l Xl.nnruo and the person whoa on its behalf exe—
cuted the foregoing instrument, and acknowledged the execution thereof to
be his tree act and deed as such officer for and on behalf and as the act
and deed of said corporation, for the use and proposes therein expressed.
WITNESS ry hand and official seal at. K c y 'Wcst:
Florida, the date aforesaid.
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STATE OF FLORIDA
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T hereby certify that on this, the day of V V)
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19®72 , 'before -Me the undersigned authority, personally appeared.
Doyle Conner, Commissicnex of Agriculture, of the Department of Agriculture V)
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and Consumer Services, an Agency of the State of Florida, to me personally �
known, and known to r)e to be the person who on its behalf executed the 'cart.- �
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going instrument, ,and acknowledged the execution thereof to be his free act
and deed as such officer for and on behalf and as the act and deed of said
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agency, for the uses and purposes therein expressed,
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SlIT1ES5 my hand and official Beal at Florida,
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the date aforesaid.
Notary Public
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THE STATE OF Florida
COUNTY OF Honroe
KNOW ALL MEN 3r THESE PRESENTS, That the aund rsagned do(es)
hereby qui-tclnim, release•ise and surrender a}_7_ i i ht , i i t t , and interest in
and to a part t of a verralu Leave Agreement ment No. O I Lid}, doted February 22, 1972,
between the (,4ri,NTY OF Xi7t.RO , STATE Ob l l.e'l TOA, aa. political subdivision
of the State of Florida as LESSOR, and SPATE OF I'1.0 IDA I)f,1'<^.tt3MENl' O
AC9RVUL 'URE AND CONSUMER SERVICES, (Division of Fore ;try), for use and
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benefit of the Division V Forestry is LFUEE, is whl- h lessor did lease CD
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L.o The lessee cart rt r real property io the County of rlcY.arcrea , State to �
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Florida, and the lessee, having so tar_r ker use for a portion thereof,
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wishing to make 7a k Lml suryender of said lens , ryes hereby :a1etse, m
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.surrender and quitclaimLo the= e sui , rho frnllowing; property unencumbered cO
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by stricl lease in Al arne° Gounrv, Florida, ra=>s.rrihcct as;
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Big Pino Rev, Mann w C r-FratG, Tallahassee Mvridl an, Florida.
Commencing; tart the intersecLion elf,' fhR UM 11m of the West 112 c
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of 'tl'ic Northwest1.1Ei, .,ee:ai:aa�ra t{-,, Township 6Ei South, Range `�q ya
Fast Tallnhqssup Merldion, 1,i Fine Ke:�° Monroe t;
g Key, etatt�if, FloridaFlrarida �
mid the r ulrl'r E st, raa.h? a: line of Stake 17r,,arE 940 as existingT
on Anne 25, 1960; Lhenve South niong the said fast: :Liras of the.
16e5tr ag 7 OF the 4rra,d Section 26 at dastaaar•o of 375,29 feet to The ID
Po hm of Beginning of trho parcel of land lu x e Lu being descirL ed; m
thoncu East 1 o feet to a point.; rhunce, South 50 ie.r=t to a potiat; �
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art:.e ,r�!,,r Fe. 11 West to dasl a?net= of 124.35 feet Co ra gurizt.L �
on the sold East line of rho best 112 u4 Cho Nr r+h-e.st 1/4 o J
Section an `b; t a a,_aa North along the same, i taiu_ in feet Lash to �
to the Point of Beginning,, O
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l-ia WITNESS r.ai,sEira'OF Doyle Cnnper, Caxtu Yvss�caaa a' �L Tie�r�- u7 f_ur�
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has hereunto , aL;ac:1bed $/�f� name MY day OF �� v
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County of Monroe
BOARD O COUNTY COMMISSIONERS
Mayor Sylvia J.Murphy,District 5
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1 ' Mayor Pro Tern Dann L.Kolha a District 1
The Florida Keys y y g
Michelle Coldiron,District 2
Heather Carruthers,District 3
�a David Rice,District 4
May 29, 2019
State of Florida
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Department of Environmental Protection
Division of State Lands
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Bureau of Public Land Administration, MS 130
3800 Commonwealth Boulevard
Tallahassee, Florida 32399-3000 c
ATTENTION: Jay Sircy, GOCIII
RE: Lease No. 4812—Big Pine Key
Dear Mr. Sircy:
As you know,Monroe County has a Lease with the Board of Trustees of the Internal Improvement
Trust Fund("TIITF"),which is referenced above, for the property commonly known as the"Big Pine Key y_
Road Prison" located in Big Pine Key, Florida. The current lease term will expire on October 11, 2019. Gw
Monroe County is still utilizing this property and expect our need for this property to extend beyond
October 11, 2019. This letter is to request a renewal of the current Lease under the same terms and
conditions. Therefore, please advise as to whether the TIITF would be amenable to a one (1) year
extension of the lease term and if so, your process to accomplish a renewal of the Lease.
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I may be reached at my email, W i lson-Kevig4�t t ni oe�y 11 err v,or via my cell phone of(305)
797-1547. The Assistant County Attorney, Patricia Eables, will also be working on this matter with me C;
and she may be reached at I:alles-1'itriciai)lnonr°oecol or at(305)292-3470. We look forward
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to hearing from you.
Sincerely,
e G. Wilso*11E..
Assistant County Administrator
(Sent via certified mail, return receipt requested
No. t t ..� and
Via email to Jay.Sircy@dep.state.fl.us)
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County of Monroe
Planning&Environmental Resources Department Board of County Commissioners:
Marathon Government Center _2> Mayor Heather Carruthers,District 3
2798 Overseas Highway,Suite 400 f+ �+ � Mayor Pro Tem Michelle Coldiron,District 2
Marathon,FL 33050 a� �`� t `� T Craig Cates,District 1
Voice: (305)289-2500 �g David Rice,District 4
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FAX: (305)289-2536 6 f Sylvia J.Murphy,District 5
We strive to be caring,professional,and fair
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April 6, 2020 C
Letter of Development Rights Determination (LDRD)
450 Key Deer Blvd,Big Pine Key
Parcel ID# 00111650-000000
DETERMINATION: One(1)residential dwelling unit was lawfully established on the subject CD
property and is exempt from the ROGO permit allocation system and 13,153 square feet of
nonresidential floor area is exempt from the NROGO permit allocation system.
This letter is in response to the request for a determination as to the number of permanent residential dwelling
units and the amount of non-residential floor area that was lawfully established and thereby exempt from the
Residential Rate of Growth Ordinance (ROGO) and Nonresidential Rate of Growth Ordinance (NROGO)permit
allocation systems on the above-described premises.
Background Information:
The subject property is located at 450 Key Deer Boulevard, Approximate Mile Marker 30, gulf side, Big Pine
Key. The property is bordered to the north by conservation land and an office building, to the east by Key Deer
Boulevard, conservation land, a Monroe County fire station and a senior living facility, and to the south and west
by conservation land and single family residences. The site was previously operating as a State correctional as
facility. There are various existing structures located on the subject property.
The subject property is described as a parcel of land in Section 26, Township 66 South, Range 29 East, Monroe
County, Florida, and is currently assessed under Parcel ID # 00111650-000000.
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Future Land Use Map (FLUM) designation: Public Facilities (PF)
Note the County defines Public Facilities as major capital improvements, including transportation,
sanitary sewer, solid waste, drainage,potable water, educational,parks and recreational facilities.
Zoning: Suburban Commercial(SC)
Tier: Tier III
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Size of parcel(s): 10.52 Acres (approximate,per Monroe County Property Appraiser(MCPA)records)
Upland area: 10.52 Acres (approximate,per MCPA records)
Flood Zone(s): AE-EL 8
The property is located within the Suburban Commercial(SC)Land Use(Zoning)District and is designated Public <
Facilities (PF) on the Future Land Use Map (FLUM) of the Comprehensive Plan. The aerial photograph below
shows the boundaries of the property and the land use districts of the immediate area.
450 Key Deer Boulevard,Big Pine Key
Letter of Development Rights Determination
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Subject Property(outlined in blue) with Land Use(Zoning) Districts(Aerial dated 2018) CO
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Permanent Residential Dwelling Units: Y
Pursuant to Section 138-22(a)of the Monroe County Land Development Code(LDC),the residential ROGO shall CD
not apply to the redevelopment,rehabilitation or replacement of any lawfully-established residential dwelling unit v
or space that does not increase the number of residential dwelling units above that which existed on the site prior o
to the redevelopment,rehabilitation or replacement. IVI
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As defined in LDC Section 138-19, residential dwelling unit means a dwelling unit as defined in section 101-1, N
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and expressly includes the following other terms also specifically defined in section 101-1:rooms,hotel or motel, N
campground spaces;mobile homes;transient units; and institutional residential units (except hospital rooms).
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The subject property was developed and operated as a correctional facility. It should be noted that although
individuals were located within the facility for a period of time,the subject property was not a permanent residence
for these individuals. The County Comprehensive Plan and Land Development Code do not include recognition a
or have a formula for recognizing prison cells as an equivalency to ROGO Allocations or Exemptions.
As defined in LDC Section 101-1:
450 Key Deer Boulevard,Big Pine Key
Letter of Development Rights Determination P—
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Dwelling unit means one or more rooms physically arranged for occupancy by one residential household sharing
common living,cooking, and toilet facilities.
Multifamily residential development means a type of residential housing where multiple separate dwelling units for
residential inhabitants are contained within one building or several buildings within one complex.
Permanent residential unit means a dwelling unit that is designed for, and capable of, serving as a residence for a
household for non-transient occupancy,excluding hotel,motel, and recreational vehicle.
Residence or residential use, as applied to an lot plat,parcel, tract area or building,means used or intended for L_
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dwelling purposes,but not including transient units. C
Transient unit means a dwelling unit used for transient occupancy such as a hotel or motel room, a seasonal CL
residential unit, a campground space, an institutional residential use,or a recreational vehicle space.
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The 2030 Comprehensive Plan, Policy 101.5.29 states notwithstanding the density limitations set forth in Policy
101.5.25, land upon which a lawfully established residential dwelling unit exists shall be entitled to a density of
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one dwelling unit per each recognized lawfully established unit. Such lawfully-established dwelling unit(s) shall 0
not be considered as nonconforming as to the density provisions ofPolicy 101.5.25 and the Monroe County Land CO
Development Code. Notwithstanding the nonconforming use provisions of Policy 101.8.4, existing lawfully
established residential uses, not including mobile homes, and not including transient uses, shall be entitled to
repair and/or replace such dwelling units with the same type of dwelling unit and shall not be considered a
nonconforming use(s). Lawfully established mobile homes shall be entitled to replace such dwelling units with a
detached dwelling unit and shall not be considered a nonconforming use(s).
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Similarly, Section 130-163 states notwithstanding the provisions of sections 130-157 and 130-162, the owners of
land upon which a lawfully established dwelling unit, mobile home, or transient unit exists shall be entitled to one �.
dwelling unit for each type of dwelling unit in existence before January 4, 1996. Such lawfully-established
dwelling unit shall not be considered nonconforming as to density. Notwithstanding the nonconforming use 9
provisions of Section 102-56, existing lawfully established residential uses, not including mobile homes and not U;
including transient uses, shall be entitled to repair and/or replace such dwelling units with the same type of
dwelling unit and shall not be considered a nonconforming use(s). Lawfully established mobile homes shall be
entitled to replace such dwelling units with a detached dwelling unit and shall not be considered a nonconforming -a
use(s).
Pursuant to LDC Section 138-47(a). lawfully established ROGO/NROGO exemption means a dwelling unit or
nonresidential floor area that has received a permit or other official approval from the division of growth
management for the units unit and/or nonresidential floor area.
Pursuant to LDC Section 138-22, the Planning Director shall review available documents to determine if a body ,
of evidence exists to support the lawful existence of units on or about July 13, 1992, the effective date of the
original ROGO. Such evidence shall be documented and submitted to the Planning Director on a form provided erg
by the Planning and Environmental Resources Department.Any issued Monroe County building permit(s) for the i
original construction of the structure confirming the existence of the dwelling unit and its use(s) on or about July
13, 1992 can stand as the only piece of evidence for a ROGO exemption.
No issued Monroe County building permit(s) for the original construction of the structure(s) confirming the
existence of a dwelling unit(s) and its use(s) on or about July 13, 1992 was found in the Department's file under U
Parcel Identification 4 00111650-000000 for the subject property.
If there are no building permit(s) for the original construction of the structure which confirm the lawful existence
of the dwelling units and its use(s) on or about July 13, 1992 the application shall include, at a minimum, at least
two of the following documents:
450 Key Deer Boulevard,Big Pine Key
Letter of Development Rights Determination P
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(1) Any other issued Monroe County building permit(s) supporting the existence of the structure(s) and its
use(s) on or about July 13, 1992;
The following building permits supporting the existence of the structure and uses are on file in the Building
Department's records.
Permit# Date Issued Description
31971 01-02-1974 Metal office building. 20' x 20'.
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B531 07-27-1975 400 Amp 3 phase service CL
91102473 03-27-1991 After the fact radio equipment bldg. 400 SF for storage of equipment only- C
no habitation allowed.
02103457 08-12-2002 Installation of fire extinguishing system in kitchen area(Building 1)per plans CL
in file
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02104761 12-05-2002 Repairs to communication tower
03103999 10-03-2003 New antenna on existing tower per approved structural analysis and sealed C
plans per file. Planning approved for 192 square feet of equipment building c-
and collocation of antenna on existing tower.
09101335 05-15-2009 Permit approval to replace risers on (2) housing units and bring A/C air
handler unit up to NEC per approved riser diagrams in file.Planning approval =�
to replace existing risers on ranger residences as per plans in file. Staff
conducted a site visit on 5-6-09 and found the residential units are for the
department of forestry rangers. The units appeared to have existed for an
extended amount of time.The property record card identified the date built of
structures as 1975 and 1976.
Although listed under Parcel ID#00111650-000000, the approved site plan
under this building permit does not correspond with the subject property.
The submitted site plan appears to be a copy of the site plan approved
through building permit#A7253. Building Permit#A7253 was issued for
the adjacent property, which is currently assessed under Parcel ID#
00111460-000000.Staff has determined that this buildingpermit was issued
for two structures which are primarily located on the adjacent property
though they may encroach onto the subject property. >
16106522 11-07-2016 Permit approval to replace existing generator inside the existing FDOT shelter
per approved plans.
17106422 11-15-2017 Permit approval to set 2 temp poles to feed grinder pump and park ranger
house, as pera roved plans.
County permits do not support the existence of dwelling units that are equal or equivalent to ROGO "'
Allocations on the subject property on or about July 13, 1992.
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(2) Documentation from the Monroe County Property Appraiser's Office indicating residential use on or about i
July 13, 1992; N
The subject property is currently assessed under Parcel ID # 00111650-000000 and has aProperty Class of N
State (8700). There are five (5) nonresidential buildings currently listed by the Monroe County Property
Appraiser(MCPA).Four(4)of the buildings are classified as STATE BLDGS B/87B.One(1)of the buildings
is classified as APTS-13/0313. The location of these structures on the subject property is not indicated. The
building classified as APTS-13/0313 has a year built date of 1958, is indicated to be a two story structure and
is illustrated in the below building sketch and also listed by section, indicating total area for each specific
section.
450 Key Deer Boulevard,Big Pine Key
Letter of Development Rights Determination P
Packet Pg. 1720
D.12.c
Code Description SketchArea Finished Area Perimeter
DUF FIN DEf LITILIT 70 0 ❑
FLA FLOORLIVAREA 525 525 ❑ DUF
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TOTAL 595 525
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FLA:Floor Living Area
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Style APTS-B 103B 2 0
Gross Scl Ft 595 a
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Finished Sq Ft 525 (195)
Perimiter 0 tea
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Exterior Walls C.B.S.
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An archived property record card most recently dated in 1985 assesses 11 structures on the subject property.
Two (2) of those structures are listed as "RES"with year built dates listed as 1976 and 1977. A hand drawn
sketch of these two structures is included on the card,along with a structure that is listed as "Shop &Office". c
It appears that the first residential structure listed (1)may measure 60 feet by 24 feet and the second (2)may
measure 46 feet by 24 feet. The location of these structures on the subject property is not indicated.
The sketch that corresponds to the card detailing the two structures listed as RES on the archived property
record card is depicted below:
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450 Key Deer Boulevard,Big Pine Key
Letter of Development Rights Determination
Packet Pg. 1721
D.12.c
County Property Appraiser's documentation includes evidence to support permanent residential use of at least
one structure on the subject property on or about July 13, 1992.
(3) Aerial photographs (to confirm the number of structures, not the number or type of dwelling units) and
original dated photographs showing the structure(s) existed on or about July 13, 1992;
Aerial photography available indicates various structures on the subject property from 1968 through 2018.
Due to the quality of images available, the foliage present in available imagery, and the number and size of
structures, staff is unable to discern an exact number of structures present on or about July 13, 1992. As a
note, aerial photography can only confirm the number of structures, not the number of dwelling units, in 0-
existence at any given time. c-
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(4) Residential county directory entries on or about July 13, 1992; A
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The 1991 and 1992 directories were reviewed. Residential county directory entries do not indicate the
residential use of the subject property on or about July 13 1992. 0
(5) Rental, occupancy or lease records, on or about July 13, 1992, indicating the number, type and term of the
rental or occupancy; c'
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Rental, occupancy, or lease records on or about July 13, 1992, indicating the number, type and term of the
rental or occupancy were not available for review at the time this letter was written.
(6) State and/or County licenses, on or about July 13, 1992, indicating the number and types of rental units;
No state or county licenses indicating the number and types of rental units were available for review at the
time this letter was written. 0
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(7) Documentation from the utility providers indicating the type of service(commercial or residential)provided
and the number of meters in existence on or about July 13, 1992;and
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Documentation from the utility providers indicating the type of service (commercial or residential)provided
and the number of meters in existence on or about July 13, 1992 was not available for review at the time this
letter was written. i_
(8) Similar supporting documentation not listed above as determined suitable by the Planning Director.
Land Use District: The property is located within the Suburban Commercial(SC)Land Use(Zoning)District,
in which public buildings and uses are permitted as of right.
Future Land Use Designation: This property is designated as Public Facilities (PF) within the Future Land
Use Map. The principal purpose of the Public Facilities (PF) future land use category is to provide for land
owned by public and private utilities and service providers. In order to serve the health care needs of the
community,federally tax-exempt,nonprofit institutional uses,limited to hospitals and their ancillary facilities, LO
c,
may also be permitted within the PF future land use districts.
A site plan titled Dade Correctional Institution with a revised date of September 4, 2007, has been reviewed �i
to provide an anecdotal understanding of the existing structures and uses due to the lack of approved building
permits and plans available to County Staff. The site plan includes 30 structures, one of which may be N
considered a permanent dwelling unit,named"Residence- Major." The site plan as described is included and N
described in greater detail later in this letter. Note,this site plan was provided to the County Attorney's Office
in June 2017 from the Florida Department of Corrections, Land Administration Manager.
Additionally, a Florida Department of Environmental Protection Facility Inventory Tracking List, dated
January 13,2017,was also reviewed to provide an anecdotal understanding of the existing structures and uses
due to the lack of approved building permits and plans available to County Staff. This list includes 18
structures, one of which may be considered a permanent dwelling unit, named "Major's Residence." Note,
this facility list was provided to the County Attorney's Office in June 2017 from the Florida Department of
Corrections, Land Administration Manager.
450 Key Deer Boulevard,Big Pine Key
Letter of Development Rights Determination P
Packet Pg. 1722
D.12.c
The "Major's Residence"is located in the southeastern corner of the property (circled in black below):
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Nonresidential Floor Area and Outdoor Storage: c
Pursuant to LDC Section 138-48(a), no building permit shall be issued after September 19, 2001 that results in v
additional nonresidential floor area on a site unless that nonresidential development has received a NROGO m
allocation award or is determined to be exempt as provided in LDC Section 138-50. Pursuant to LDC Section v�
138-49(a),the NROGO shall apply to the development of all new and expanded nonresidential floor area,except of
as exempted by LDC Section 138-50,for which a building permit or other final development approval is required. N
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Pursuant to LDC Section 138-47(a) Lawfully established ROGO/NROGO exemption means a dwelling unit or c
nonresidential floor area that has received a permit or other official approval from the division of growth E
management for the units unit and/or nonresidential floor area.
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As defined in LDC Section 138-47(a), nonresidential floor area means the sum of the total floor area for a Q
nonresidential building or structure,as defined in Section 101-1.Additionally,covered and unenclosed boat racks
with three or fewer sides not associated with retail sales of boats are not considered nonresidential floor area.
Further,the term "nonresidential floor area" does not include space occupied by residential uses,including spaces
occupied by a transient residential unit and an institutional-residential use as defined in Section 101-1.
450 Key Deer Boulevard,Big Pine Key
Letter of Development Rights Determination P
Packet Pg. 1723
D.12.c
As defined in LDC Section 101-1:
Floor area means the sum of the gross covered and enclosed habitable areas of a building or any other
covered and enclosed structure, measured from the exterior walls or from the centerline of parry walls.
Habitable floor area means any floor area for occupancy and equipped for uses including,but not limited
to, kitchen, dining, living, family or recreation room, laundry, bedroom, bathroom, office, workshop,
professional studio or commercial occupancy. 0
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Habitable space means any structure equipped for human habitation such as, but not limited to, office, C
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workshop, kitchen, dining, living, laundry, bathroom, bedroom, den, family or recreational room;
professional studio or commercial occupancy including all interior hallways, corridors, stairways and c-
foyers connecting these areas. Garages, exterior stairs and open decks and patios are not considered M
habitable structures. e�
Nonconforming use means a use which does not conform to a current provision or regulation provided in CL
the Comprehensive Plan and/or LDC.
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Nonconforming use, lawful means a use which does not conform to a current provision or regulation
provided in the Comprehensive Plan and/or LDC, but was permitted, or otherwise in existence lawfully
prior to the effective date of the ordinance adopting the current provision or regulation that rendered the
use nonconforming.
c
Pursuant to LDC Section 138-50(a), the Planning Director shall review available documents to determine if a
body of evidence exists to support the lawful existence of nonresidential floor area on or about September 19,
2001,the effective date of the original NROGO. Such evidence shall be documented and submitted to the Planning
Director on a form provided by the Planning and Environmental Resources Department. Any issued Monroe
County building permit(s) confirming the existence of the structure(s) and its use(s) on or about September 19,
2001 can stand as the only piece of evidence for an NROGO exemption.
If there are no building permit(s)which confirm the lawful existence of the structure(s) and its use(s) on or about
September 19, 2001, the application shall include, at a minimum, at least two of the following documents:
(1) Any issued Monroe County building permit(s)supporting the existence of the structure(s) and its use(s) on
or about September 19, 2001;
The following building permits supporting the existence of the structure and uses are on file in the Building LO
Department's records.
i
Permit# Date Issued Description i
31971 01-02-1974 Metal office building. 20' x 20'.
B531 07-27-1975 400 Amp 3 phase service c14
91102473 03-27-1991 After the fact radio equipment bldg. 400 SF for storage of equipment only- no
habitation allowed. E
02103457 08-12-2002 Installation of fire extinguishing system in kitchen area(Building 1)per plans in
file
02104761 12-05-2002 Repairs to communication tower
03103999 10-03-2003 New antenna on existing tower per approved structural analysis and sealed plans
per file. Planning approved for 192 square feet of equipment building and
collocation of antenna on existing tower.
450 Key Deer Boulevard,Big Pine Key
Letter of Development Rights Determination P
Packet Pg. 1724
D.12.c
Permit# Date Issued Description
09101335 05-15-2009 Permit approval to replace risers on (2)housing units and bring A/C air handler
unit up to NEC per approved riser diagrams in file. Planning approval to replace
existing risers on ranger residences as per plans in file. Staff conducted a site
visit on 5-6-09 and found the residential units are for the department of forestry
rangers. The units appeared to have existed for an extended amount of time. The
property record card identified the date built of structures as 1975 and 1976.
Although listed under Parcel ID# 00111650-000000, the approved site plan 0
under this building permit does not correspond with the subject property. The CL
submitted site plan appears to be a copy of the site plan approved through y
building permit#A7253.Building Permit#A7253 was issued for the adjacent C
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property, which is currently assessed under Parcel ID# 00111460-000000. -a
Staff has determined that this building permit was issued for two structures
which are primarily located on the adjacent property though they may
encroach onto the subject property.
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16106522 11-07-2016 Permit approval to replace existing generator inside the existing FDOT shelter
per approved plans. as
17106422 11-15-2017 Permit approval to set 2 temp poles to feed grinder pump and park ranger house,
as pera roved plans.
Building Permit# 31971 was issued for the construction of a 400 square foot metal office building. It should '
be noted that equipment enclosures associated with wireless communication facilities are not constructed as 0
habitable space and therefore are not considered nonresidential floor area.
County permit records support the existence of 400 square feet of non-residential floor area on the subject
property on or about September 10, 2001. 76
`6
(2) Documentation from the Monroe County Property Appraiser's Office indicating nonresidential use on or
about September 19, 2001;
The subject property is currently assessed under Parcel ID # 00111650-000000 and has a current Property
Class ofState (8700). There are five (5) nonresidential buildings currently listed by the MCPA as well as
accompanying accessory structures(a total of 11 detached structures).Four(4)of the nonresidential buildings >
are classified as STATE BLDGS B/ 87B. One (1) of the buildings is classified as APTS-13/0313.
The floor area(as measured in square feet) of the five (5)nonresidential buildings as indicated by the MCPA
is summarized in the table below. For identification purposes, each building listing has been numbered 1
through 5 in accordance with the five (5)property sketches included on the current property record card.
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Commercial Building Style Finished Detached Finished Finished
Building ' Living Finished Utility Carport Utility
Area Building Area (CPF); Building i
(FLA) (DUF) (SBF) c44
1 STATE BLDGS B/87B 9,368 400 0 0 N
2 STATE BLDGS B/87B 1,104 0 224 112
3 APTS-13/0313 525 70 0 0 E
4 STATE BLDGS B/87B 1,504 0 0 0
5 STATE BLDGS B/87B 525 70 0 0
AREA TOTALS 13,026 540 224 112
AGGREGATE TOTAL* 13153 square feet*
450 Key Deer Boulevard,Big Pine Key
Letter of Development Rights Determination P
Packet Pg. 1725
D.12.c
*It should be noted that 525 square feet of the area classified as FLA is attributed to the structure/sketch with
a residential classification(APTS- 13/0313). In accordance with LDC Section 138-47(a), this amount shall be
subtracted from the total sum of nonresidential floor area.It should also be noted that in accordance with LDC
Section 101-1, a carport does not meet the criteria to be considered floor area,therefore this area shall also be
subtracted from the total sum of nonresidential floor area
An archived property record card most recently dated in 1985 also attributes 11 structures on the subject
property. Two (2) of those structures are listed as "RES" with year built dates listed as 1976 and 1977. The cu
other structures do not have a`year built' indication on the archived property record card but the record does
include information from 1971 through 1985. CL
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Documentation from the MCPA, as evidenced by the current property record card,indicates the use of 13,153CL
square feet of nonresidential floor area,in existence on the subject property on or about September 13, 2001. .a
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(3) Aerial photographs (to confirm the number of structures, not the type of structure) and original dated
photographs showing the structure(s) existed on or about September 19, 2001;
Aerial photography available indicates at least 11 permanent structures on the subject property from 1968 c'
through 2018.Due to the quality of images available,the foliage present in available imagery, and the number
and size of structures, staff is unable to discern an exact number of structures present on or about September
19,2001. Asa note,aerial photography can only confirm the number of structures,not the number of dwelling
units,in existence at any given time.
(4)Nonresidential County Directory entries on or about September 19, 2001;
The subject property was not listed in the nonresidential county directory for the years 1991 and 1992. Staff
does not have access to the 2001 County Directories.
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(5)Rental, occupancy or lease records, on or about September 19,2001, indicating the number, type and term
of the rental or occupancy;
Rental,occupancy, or lease records on or about September 19,2001 were not available for review at the time U_
this letter was written.
(6)State and/or county licenses, on or about September 19, 2001, indicating the nonresidential use;
State and/or county licenses indicating the nonresidential use of the subject property on or about September -a
19, 2001 were not available for review at the time this letter was written.
(7)Documentation from the utility providers indicating the type of service(commercial or residential)provided
and the number of meters in existence on or about September 19, 2001; and
Documentation from the utility providers indicating the type of service (commercial or residential)providedLO
c,
and the number of meters in existence on or about September 19, 2001 was not available for review at the
time this letter was written.
i
(8)Similar supporting documentation not listed above as determined suitable by the planning director. i
Land Use District: The property is located within the Suburban Commercial(SC)Land Use(Zoning)District, N
in which public buildings and uses are permitted as of right. N
Future Land Use Designation: This property is designated as Public Facilities (PF) within the Future Land
Use Map. The principal purpose of the Public Facilities (PF) future land use category is to provide for land
owned by public and private utilities and service providers. In order to serve the health care needs of the
community,federally tax-exempt,nonprofit institutional uses,limited to hospitals and their ancillary facilities,
may also be permitted within the PF future land use districts.
A site plan titled Dade Correctional Institution with a revised date of September 4, 2007, has been reviewed
to provide an anecdotal understanding of the existing structures and uses due to the lack of approved building
450 Key Deer Boulevard,Big Pine Key
Letter of Development Rights Determination P
Packet Pg. 1726
D.12.c
permits and plans available to County Staff. The site plan includes 30 structures, 12 of which may contain
nonresidential floor area based on the general location names provided. The site plan is depicted below.
DADE CORRECTIONAL INSTITUTION CERTIFICATE NUMBER: 1-700-19 REMSED 09-C4-07
COUNTY:MONROE(44)
_--------......------__.
BIG PINE KEY ROAD PRISON
CAMPUS LpCA-ICR FAME BLOCW
'API Y
2 P411-101 ULIL`IN@ C-,Jn02
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mo3 a v�:n laaraleK�sr::r.,2;,: I I O
4 C;FNFF.I.TJR F= 1004 ^
5 SWF iII(J:;I �1'J 21"i 1, 4?1:i"1005 102Q 1.L
5 Htsl JE[t�_. H"] 2,'40M 1_
7 5'v'li'�Ehp J;E:2 -E6,4007 0
9 LL..4cFl 1.nF. �.: ;E6�109 27 22 103 L.10 c I I W. c iaGJJo19 28 El El C 21 d
11 s .;e- r:Ir.l HI 1.;. ;2n<1011 P9❑ Q h23
12 M.INTE� I'.G - 426,4012
13 11 1 1111( )L6 41o44M3 �24 1••'4 0
14 srJ�G -C_L 6<4014 `,
15 4iFP fA FF. FA FR C_ 4Jn15
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450 Key Deer Boulevard,Big Pine Key
Letter of Development Rights Determination P- Packet Pg. 1727
D.12.c
Below is the corresponding list of structure location names and numbers as well as a breakdown of what may
considered nonresidential floor area based on the location name indicated. It should be noted that this
information is for supplemental purposes only and does not confirm the lawfulness of any structures or uses
on or about September 19, 2001.
Campus Location Name Structure Description as determined by
Map # Location Name and LDC w
1 MAIN COMPLEX Nonresidential Floor Area
2 CAUSTICS BUILDING Nonresidential Floor Area CL
3 VISITING PARK STORAGE Nonresidential Floor Area y
4 GENERATOR- FIELD BLDG Not Habitable Space
5 WAREHOUSE- GENERATOR Not Habitable Space
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6 RESIDENCE-BOQ Nonresidential Floor Area- likely staff quarters
and not dwelling units
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7 WAREHOUSE 42 Nonresidential Floor Area CD
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8 WASTE WATER TREATMENT Not Habitable Space
9 LAUNDRY-UNIFORM Nonresidential Floor Area
STORAGE
10 HOLDING CELLS Nonresidential Floor Area
11 STORAGE-PAINT BLDG Nonresidential Floor Area
12 MAINTENANCE SHOP Nonresidential Floor Area 2
13 SHED- INSIDE GROUNDS Nonresidential Floor Area
14 STORAGE- BROKEN TOOL Nonresidential Floor Area
15 SHED- WATER HEATER Not Habitable Space
16, 17, PAVILLION(S)- VARIOUS Unenclosed accessory structures
19-30, DESCRIPTIONS
103
18 STORAGE- GARDEN Nonresidential Floor Area
100 RESIDENCE-MAJOR Dwelling Unit
101 SHED- MAJOR'S SOTRAGE Accessory to Dwelling Unit
Further, a Right of Way Map, dated August 1961 (date appears to be 8-26-61 or 8-28-61),has been reviewed
to provide an anecdotal understanding of the existing structures and uses due to the lack of approved building
permits and plans available to County Staff. The map includes 13 structures, eight or nine of which mayLO
contain nonresidential floor area based on the general building names provided. It should be noted that
this information is for supplemental purposes only and does not confirm the lawfulness of any structures or
uses on or about September 19, 2001. �1
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450 Key Deer Boulevard,Big Pine Key
Letter of Development Rights Determination P
Packet Pg. 1728
D.12.c
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Lawfulness Determination:
Based on a review of the above documents associated with the subject property, the Planning and Environmental
LO
Resources Department has determined that one (1) residential dwelling unit was lawfully established on the
property on or about July, 1992 ("Major's Residence"in southeast corner of the property) and is exempt from the
residential ROGO permit allocation system pursuant to LDC Section 138-22 and Comprehensive Plan Policy
101.3.5. Additionally, the Department has determined that a total of 13,153 square feet of nonresidential floor
area was lawfully established on or about 2001, and is exempt from the NROGO permit allocation system
pursuant to LDC Section 138-50.
This letter does not provide any vesting to existing regulations. The replacement dwelling units and any new
accessory structures must be built in compliance with all applicable regulations of the Monroe County Code and
Comprehensive Plan at the time of development approval. Furthermore, if the ROGO-exempted development is
not replaced, but substantially improved as defined in the Monroe County Code, such development must be
brought into compliance with all applicable regulations.
450 Key Deer Boulevard,Big Pine Key
Letter of Development Rights Determination P
Packet Pg. 1729
D.12.c
You may appeal any decision, determination or interpretation set forth in this letter pursuant to Monroe County
Code Section 102-185. A notice of appeal must be filed with the County Administrator, 1100 Simonton Street,
Gato Building, Key West, Florida 33040, within 30 calendar days from the date of this letter. In addition,please
submit a copy of your notice of appeal to the Planning Commission Coordinator, Monroe County Planning and
Environmental Resources Department, 2798 Overseas Hwy, Suite 410, Marathon, Florida 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.
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Sincerely,
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Emily Schemper, AICP, CFM
Senior Director of Planning and Environmental Resources 'a.
cc: Devin Tolpin, Senior Planner
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450 Key Deer Boulevard,Big Pine Key
Letter of Development Rights Determination P
Packet Pg. 17301
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