The URL can be used to link to this page

Item H3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: March 19, 2014 Division: Growth Manageme Bulk Item: Yes X No _ Department: Code Compliance Staff Contact Person/Phone#: Christine Hurley 289-2517 Ronda Norman 289-2520 AGENDA ITEM WORDING: Approval to file an action in circuit court seeking an injunction, foreclosure and money judgment to compel the property owner Zamindari Investments, Inc., (David E. Dewitt Director), and the tenant Marathon Aqua Ranch & Scientific Studies, (Charles Paul Barra Owner),to comply with various county ordinances, cease prohibited unlawful activities, secure necessary approvals, correct the code violations of Code Enforcement Case(s) CE09040149 and CE10070149 and pay the fines and costs. ITEM BACKGROUND: On April 27, 2009 Code Compliance received a complaint of unapproved uses (commercial retail business) on the parcel of land owned by Zamindari Investments, Inc. Case CE09040149 was initiated and a site visit was conducted. The code Inspector observed several temporary structures, signs and a recreational vehicle with habitation. A Stop Work Order was issued. A Notice of Violation/Notice of Hearing was sent to the property owner and tenant to correct the violations by May 15, 2009 or appear at a Code Compliance Hearing on July 30, 2009. Compliance was not achieved and the tenant appeared at the Hearing. The Special Magistrate found the property in violation as cited (2 counts) and imposed a compliance date of August 31, 2009 with daily fines to accrue if compliance was not achieved by the compliance date. On May 27, 2009 a Letter of Understanding concerning the proposed establishment of a commercial retail/institutional facility was provided to the applicants by the Monroe County Planning Department. There was no appeal by the applicants. On May 4, 2010 a Minor Conditional Use Permit Development Order was issued by the Monroe County Planning Department and it was recorded in the Official Records of Monroe County on September 3, 2010. There was no appeal by the applicants. On July 22, 2010 Code Compliance received a complaint from Fish & Wildlife Commission that part of this property had been cleared without required permits. Case CE10070149 was initiated and a site visit was conducted. The code inspector observed several additional trailers, storage containers, abandoned vessels and vehicles, platform structures and concrete anchors installed along the lagoon edge in addition to confirming the illegal land clearing. A Stop Work Order was issued. A Notice of Violation/Notice of Hearing was sent to the property owner and tenant to correct the violations by September 30, 2010 or appear at a Code Compliance Hearing on August 30, 2010. Compliance was not achieved and the tenant appeared at the Hearing. The Special Magistrate found the property in violation as cited (8 counts), imposed a compliance date of January 12, 2011 with daily fines to accrue if compliance was not achieved by the compliance date. The Special Magistrate also imposed a $2,000.00 one-time fine because he found the violations to present a threat to the public health, safety and welfare. On May 8, 2013 a Minor Deviation to the Minor Conditional Use Permit was issued by the Monroe County Planning Department and it was recorded in the Official Records of Monroe County on June 17, 2013. There was no appeal by the applicants. All work was to be completed and all necessary certificates of occupancy were to be issued by September 3 2013, or the permit would expire. On August 30, 2013 a time extension for 6 months was issued for the Minor Deviation to the Minor Conditional Use Permit by the Monroe County Planning Department due to the limited progress of the development since its approval and the urgency to resolve the outstanding code violations. This time extension was recorded in the Official Records of Monroe County on September 5, 2013. There was no appeal by the applicants. All work was to be completed and all necessary certificates of occupancy were to be issued by March 4, 2014, or the permit would expire. The County has been contacted by Nick Mulick, Esquire, attorney for the property owner. The property owner has requested that the County cease to entertain any additional development review requests. The property owner has taken actions to evict the tenant. To follow is a synopsis of the current fine status as of February 26, 2014: CE09040149: A daily fine of$100.00 is still running and has accrued for 1639 days = to date $163,900.00. This charge is MCC 110-140(1) for running a business w/o permits, approvals and inspections. On the charge of 6-27(b)(3)a, this has been deemed compliant as of November 1, 2010. Therefore a daily fine of$250.00 per day ran for 426 days= 106,500.00. Total fines to date on this case= $270,400.00. Final Order dated July 30, 2009 was recorded as a lien on August 4, 2009 and a certified copy of the recorded lien was recorded in the Official Records of Monroe County of December 16, 2013. CE10070149 Daily fine(s) of $250.00 is currently accruing on the charge of MCC 130-74(c), accessory uses prior to an approved permitted primary use. The items that need to be removed are the structures, platforms, PVC pipes, piles of wood, bee hives and all accessory storage. Total to date= $992,250.00 which includes the $2,000.00 one-time-fine imposed by the Special Magistrate. Fines have been running for 1057 days. Four counts were compliant in 2011. One was compliant in 2012. Two counts were compliant in 2013. NOTE: The restoration work to correct the land clearing violation received a final inspection approval by the County Biologist on October 3, 2012 and shall be inspected by the County Biologist on an annual basis for three years in order to ensure the 80% survival requirement. The fines do not continue to accrue during this three year period. Final Order dated September 30, 2010 was recorded as a lien on February 8, 2011 and a certified copy of the recorded lien was recorded in the Official Records of Monroe County of December 16, 2013. Total fines to date both cases= $1,262,650.00 Total fines accruing per day$350.00 The County's estimated costs are approximately$4,000.00 to date. There have been numerous attempts by County Staff members to guide the property owner in achieving compliance. The property should be vacant of all uses until all planning conditions and approvals are met. Additionally the violations that have reoccurred, continue to reoccur and new violations have occurred; trash and debris; storage and/or habitation of RV's and campers;placement of a floating structure; and storage outside of property boundaries. The County has exhausted all other mechanisms available to persuade the property owner and/or the tenant to comply with the conditions of the Minor Deviation to the Minor Conditional Use Permit issued by the Monroe County Planning Department and all attempts to gain voluntary compliance from the property owner and/or tenant have failed. The violations of County Ordinances continue. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Att /Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM# Property Search--Monroe County Property Appraiser Page 1 of 3 ,,,,,,,, Scott P. Russell, CFA Property Appraiser Key West (305) 292-3420 Marathon (305) 289-2550 Monroe County, Florida Plantation Key (305) 852-7130 Website tested on IE8, IE9, & Firefox. Property Record Card - Requires Adobe Flash 10.3 or higher Alternate' l II00098530-000200 Ownership i Mailing Address: ZAMINDARI INVESTMENTS INC 4841 W 4TH AVE HIALEAH,FL 33012-3999 Property Details PC Code: 00-VACANT RESIDENTIAL Millage Group: 500L Affordable Housing: No Section-Township-Range: 34-64-35 Property Location: VACANT LAND LONG KEY Legal Description: 33/34 64 35 LONG KEY PT LOT 1 OR559-6161617 OR568-519 OR715-682 OR778-971 OR1641-205/07 Click Image to open interactive DetailsLand Land Use Code Frontage Depth Land Area 5000-OPEN WATER 0 0 8.60 AC OOHH-HARDWOOD HAMMOCK 0 0 11.30 AC Building Permits Bldg Number Issued Completed Date Amount Description Notes 9201856 05/18/2009 0 TEMPORARY FILMING 11204472 09/29/2011 1,000 TEMPORARY POLE 12201164 04/24/2012 5,000 RESTORATION OF TREES 13201780 07/23/2013 07/24/2013 1,000 CUT TRENCHING AND RUN CONDUIT FOR FUTURE OUTLAST.RUN POWER TO PUMPS(UNDERGROUND)(ATF) 13201996 09/05/2013 4,600 DUMPSTER PAD AND ADA PARKING SLAB,INSTALL GATE Parcel Value History htrn•/hxnlnar mrnafl nrn/PrnnQParrh no— 'I PIC M n I A Property Search--Monroe County Property Appraiser Page 2 of 3 Certified Roll Values. View Taxes for this IParcel. Roll Total Bldg Total Misc Improvement Total Land Total Just(Market) Total Assessed School Exempt School Taxable Year Value Value Value Value Value Value Value 2013 0 0 107,721 107,721 107,721 0 107,721 2012 0 0 107,721 107,721 107.721 0 107,721 2011 0 0 107,721 107,721 107,721 0 107,721 2010 0 0 107,866 107,866 107,866 0 107,866 2009 0 0 107,866 107,866 107,866 0 107,866 2008 0 0 164,537 164,537 164,537 0 164,537 2007 0 0 164,537 164,537 164,537 0 164,537 2006 0 0 164,537 164,537 164,537 0 164,537 2005 0 0 98,887 98,887 98,887 0 98,887 2004 0 0 125,422 75,253 75,253 0 75,253 2003 0 0 125,422 75,253 75,253 0 75,253 2002 0 0 125,422 75,253 75,253 0 75,253 2001 0 0 125,422 75,253 75,253 0 75,253 2000 0 0 125,422 75,253 75,253 0 75,253 1999 0 0 125,422 75,253 75,253 0 75,253 1998 0 0 125.422 75,253 75,253 0 75,253 1997 0 0 125,422 75,253 75,253 0 75,253 1996 0 0 125,422 75,253 75,253 0 75,253 1995 0 0 125,422 125,422 125,422 0 125,422 1994 0 0 125,422 125,422 125,422 0 125,422 1993 0 0 125,422 125,422 125,422 0 125,422 1992 0 0 125,422 125,422 125,422 0 125,422 1991 0 0 500,000 500,000 500,000 0 500,000 1990 0 0 500,000 500,000 500,000 0 500,000 1989 0 0 500,000 500,000 500,000 0 500,000 1988 0 0 500,000 500,000 500,000 0 500,000 1987 0 0 500,000 500,000 500,000 0 500,000 1986 0 0 59,225 59,225 59,225 0 59,225 1985 0 0 59,225 59,225 59,225 0 59,225 1984 0 0 59,225 59,225 59,225 0 59,225 1983 0 0 59,225 59,225 59,225 0 59,225 1982 0 0 59,225 59,225 59,225 0 59,225 Parcel l History NOTE: Sales do not generally show up in our computer system until about two to three months after the date of sale. If a recent sale does not show up in this list, please allow more time for the salle record to be processed. Thank you for your patience and understanding. Sale Date Official Records Book/Page Price Instrument Qualification 5/30/2000 1641/205 1 WD M htf„•//vn�nv mrnofl nrrt/DrnnCuorrh onry I17G17lN A 3roperty Search--Monroe County Property Appraiser Page 3 of 3 This page has been visited 314,791 times. Monroe County Monroe County Property Appraiser Scott P.Russell, CFA P.O. Box 1176 Key West, FL 33041-1176 ()—--I � J,ro rE6r� u� �11 r r� Jl1 � 1... �1✓ r //6'" i. p_ y n c u„f l ��°° O ZZ� 'I' n`1 hJ ,�,y C O.Z1 ZOO , ��r '�� r r la� � O D ', � � rr1J it D W ;1 rj)70 M m r, O>>n M > 0 0 m�O I Z mm m 2 CO a gd ;U;u(n O to av c, i��4 `V �� ✓ r�i��rF ��r C —U I m ;u_Z I4 ZA � j fi > nO OK 0 � uZO m m Z C o—I Q � I mm tA 0 Z tmnmo v�� om �` EEZO nzm r =m p ao;a 1 4r,� -n 0 Wr« rYy 1 �Z Z / - Oz, r� mmz31 p�m 0 I 1 r I D jr ,o oog m m i W;a Z O Apr � -t Nero Ong �1� H � m i I �f IIIIII r u p pZ ur m Ord tomb sir �u C) Z p �" 1 m C 1 � i r III m �: y Obi 'p '� y "�N(�° ,, �ja, Z z;u -00 or -V ITt Lrl Illlpi�i�""""''ti IIIIIIIII�I 4 If I� Ili it �IIV I( Y 1, I — " O r r m detail by Entity Name Page 1 of 2 if Detaill by I m Ity Name Florida Profit Corporation ZAMINDARI INVESTMENTS, INC. Filing Information Document Number F32547 FEI/EIN Number 65 0143293 Date Filed 04/28/1981 State FL Status ACTIVE Principal Address 4841 W. 4TH AVENUE HIALEAH, FL 33012 Changed: 03/26/1999 Mailing Address 4841 W. 4TH AVENUE HIALEAH, FL 33012 1 Changed. 03/26/ 999 Registered Agent Name&Address WILLIAMS, DOUGLAS CPA 9695 W. Broward Blvd. Plantation FL 33324 Name Changed: 03/14/2002 Address Changed: 01/31/2013 Officer/Director Detail Name & Address Title DP DEWITT, DAVID E 4841 W. 4TH AVENUE HIALEAH, FL 33012 Title D detail by Entity Name Page 2 of 2 STRINGER, DALE 405 LAGUNA AVE KEY LARGO, FL 33037 Annual Reports Report Year Filed Date 2011 02/15/2011 2012 01/30/2012 2013 01/31/2013 Document Images 01/31/2013 --ANNUAL REPORT View image in PDF format 01/30/2012 --ANNUAL REPORT View image in PDF format 02/15/2011 --ANNUAL REPORT View image in PDF format 03/09/2010 —ANNUAL REPORT View image in PDF format 06/30/2.009 --ANNUAL REPORT View image in PDF format 02/06/2008 --ANNUAL REPORT View image in PDF format 01/25/2007 --ANNUAL REPORT View image in PDF format 02/10/2006 --ANNUAL REPORT View image in PDF format 01/24/2005 --ANNUAL REPORT View image in PDF format 02/14/2004 —ANNUAL REPORT View image in PDF format 04/11/2003 --ANNUAL REPORT View image in PDF format 03/14/2002 —ANNUAL REPORT View image in PDF format 01/29/2001 —ANNUAL REPORT View image in PDF format 02/09/2000 --ANNUAL REPORT View image in PDF format 03/26/1999 --ANNUAL REPORT View image in PDF format 02/06/1998 --ANNUAL REPORT View image in PDF format 01/29/1997 --ANNUAL REPORT View image in PDF format 04/08/1996 --ANNUAL REPORT View image in PDF format 05/19/1995 --ANNUAL REPORT View image in PDF format r.nnvrlaht p and Privacy PoliciPc State of Florida,Department of State l++_./lo00...1. Pei ThPiptaiI/FntitvNJnmP/rimmn_f375d7_1fKQ577d_alfl-Arr(-_R6?6-1fif) 7176i/7n14 .014 details-Business Tax Account MARATHON AQUA RANCH&SCIENTIFIC STUDIES-TaxSys-Monroe County Tax... Page 1 of 1 i% i s uulu m s 111 M1w ii"i �n ............. .. ........ ..... Tax Collector Home Search Reports Shopping Cart 14 Details ................. usin s Tax Account MARATHON USCIENTIFICSTUDIES -- ....... .. 3usiness Tax Account#100218 Account details Account history m........ ....... .... .. ..... .. —. .. ........_. ..............n2................................... 014 2013 12 211 2010 2009 .... ........-------- $42.50 due $42.50 due Paid Paid Paid Paid Account number: 100218 Owners): CHARLES P BARRA&KRISTIN KURTZ Business start date: 10/21/2008 69001 OVERSEAS HWY Business address: MARATHON AQUA RANCH&SCIENTIFIC LONG KEY,FL 33001 STUDIES Mailing address: MARATHON AQUA RANCH&SCIENTIFIC MILE MARKER 69 GULFSIDE STUDIOS LONG KEY,FL 33001 P O BOX 779 Physical business location.- CITY OF MARATHON LONG KEY,FL 33001 Receipts CC tl S Receipt 48210-100218 Pay all:$85.00 RETAIL SALES 10/01/2013-09/30/2014 Units:2 Pay 2 items: $$ .00 RETAIL SALES L--. — ._ .........,..,.,.,.,..., ,,...,— +....i.,,.,.,,.,.+* o nm i a 7/176/17014 www.sunbiz.org-Department of State Page 1 of 1 , Home Contact Us E-Filing Services Document Searches Forms Help Previous on List I x�...on List RetUrn to Ust .. Fictitious Name Search No Filing History Submit Fictitious Name Detail Fictitious Name MARATHON AQUA RANCH AND SCIENTIFIC STUDIES Filing Information Registration Number G08011900421 Status EXPIRED Filed Date 01/11/2008 Expiration Date 12/31/2013 Current Owners 2 County MONROE Total Pages 1 Events Filed NONE FEI/EIN Number 26-1616854 Mailing Address 59300 OVERSEAS HWY GRASSY KEY, FL 33050 Owner Information BARRA, CHARLES PAUL 59300 OVERSEAS HWY GRASSY KEY, FL 33050 FEI/EIN Number: NONE Document Number: NONE KURTZ, KRISTIN 59300 OVERSEAS HWY GRASSY KEY, FL 33050 FEI/EIN Number: NONE Document Number: NONE Document Images Ll/11/2008.- Rctifious Nairne Eft View image in PDF format I � �i� .0 on il Iiel on Il.it ifi� � ic Il.iil Fictitious Name Search No Filing History Submit i Home Contact us i Document Searches I E-Filinq Services Forms I Heil) 11 Copyriqht©and Privacy Policies State of Florida,Department of State 1ttn-//www cnnhi7 nrorkrrintc/Frir1Pt PxP9nrtinn=TIP MPr:R.rinrn„m-!'bnRni 1onnAll R.-4..,.....—.-..nn4n11 nnnngi ^f%I A; 41 ) COMMERCIAL LEASE AGREEMENT This Commercial Lease Agreement(Lease) is entered into on this 20!day of June, 2009, by and between Zamindari Investments. Inc (Landlord) and Aaua Ranch (Tenant). Landlord desires to lease the Leased Premises to Tenant, and Tenant desires to lease the Leased Premises from Landlord for the term, at the rental and upon the provisions set forth herein. THEREFORE, in consideration of the mutual promises contained herein, and for other good and valuable consideration, it is agreed: Term. The initial Term of the Lease shall begin on the 1st day of November, 2009, and end on the Is'day of November. 2014. Tenant may renew the Lease for one extended term of five(5)years. Tenant shall exercise such renewal option, if at all, by providing written notice to Landlord not less than ninety(90) days prior to the expiration of the Initial Term. The terms of the renewal term shall be then determined between Landlord and Tenant Rent Tenant shall pay to Landlord during the Initial Term rent of 119JOEODollars ($) per year, payable in installments of$2,500 Dollars($) per month. The first year shall be$18,000 Dollars ($) per year, payable in installments of$1,500 Dollars ($) per month. Each installment payment shall be due in advance on the first day of each calendar month during the lease term to Landlord at the following address: Zamindari Investments Inc c/o David Dewitt 4841 W4h Avenue Hialeah, FL 33012 The rental payment amount for any partial calendar months included in the lease term shall be prorated on a daily basis. Prohibited Uses. Notwithstanding the forgoing, Tenant shall not use the Leased Premises for the purposes of storing, manufacturing or selling any explosives, flammables or other inherently dangerous substance, chemical, thing or device. Sublease and Assignment. Except as set forth in this Lease, the Tenant shall not, without Landlord's prior written consent which shall not unreasonably be withheld, hypothecate, assign, sublease or otherwise transfer this Lease or any interest hereunder. Landlord's consent to the entire assignment of this Lease shall not be unreasonably withheld, provided the Lease is not in default at the time of the assignment, provided the proposed assignee has demonstrated sufficient ability to perform the conditions of the Lease, and further provided the Landlord has determined that the proposed assignee and its proposed use of the Premises are reasonably compatible to the other tenants in the Building. In all other events, Landlord has the absolute discretion to withhold its consent to a partial assignment, sublease or hypothecation by the Tenant Should the Tenant attempt to make any encumbrance, assignment, sublease or transfer, Landlord may, at its option, terminate this Lease. The cumulative transfer or hypothecation of fifty(50%)percent or more of the beneficial ownership in Tenant,whether in the form of a transfer of corporate shares or of partnership interests or of membership interests or otherwise, or in the form of a merger or share exchange, shall be deemed to be an assignment of this Lease that requires the Landlord's prior consent. Repairs. During the Lease term, Tenant shall make, at Tenant's expense, all necessary repairs to the Leased Premises. Repairs shall include such items as routine repairs of floors, walls,ceilings, and other parts of the Leased Premises damaged or wom through normal occupancy, except for major mechanical systems or the roof,subject to the obligations of the parties otherwise set forth in this Lease. Alterations and Improvements. Tenant, at Tenants expense, shall have the right, to remodel, redecorate, and make additions, improvements and replacements of and to all or any part of the Leased Premises from time to time as Tenant may deem desirable,provided the same are made in a workmanlike manner and utilizing good quality materials.Tenant shall have temporary installations in and upon the Leased Premises, and fasten the same to the installations, whether acquired by Tenant at the commencement of the Lease temp or placed or installed on the Leased Premises by Tenants thereafter, shall remain Tenants property free and clear of any claim by Landlord.Tenant shall have the right to remove the same at any time during the term of this Lease provided that Tenant shall repair, at Tenants expense, all damage to the Leased Premises caused by such removal. Property Taxes. Landlord shall pay, prior to delinquency, all general real estate taxes and installments of special assessments coming due during the Lease term on the Leased Premises, and all personal property taxes with respect to Landlord's personal property, if any, on the Leased Premises. Tenant shall be responsible for paying all personal property taxes with respect to Tenant's personal property at the Leased Premises. Insurance. If the Leased Premises or any other part of the Building is damaged by fire or other casualty resulting from any act of negligence by Tenant or by any of Tenant's agents, employees or invitees, rent shall not be diminished or abated while such damages are under repair, and Tenant shall be responsible for the costs of repair not covered by insurance. Tenant shall be responsible, at its expense, for fire and extended coverage insurance on all of Its personal property, including removable trade fixtures, located in the Leased Premises. Tenant and Landlord shall, each at its own expense, maintain a policy or policies of comprehensive general liability insurance with respect to the particular activities of each, with the premiums thereon fully paid on or before each due dote. Such insurance policy shall be issued by and binding upon an insurance company approved by Landlord, and shall afford minimum protection of not less than$1,000,000 combined single Omit coverage of bodily injury, property damage or combination thereof. Tenant shall provide Landlord with current Certificates of Insurance evidencing Tenant's compliance with this Paragraph. Tenant shall also designate Landlord as an additional insured on its policies. utilities. Tenant shall pay all charges for water, sewer, gas, electricity, telephone and other services and utilities used by Tenant on the Leased Premises during the term of this Lease unless otherwise expressly agreed in writing by Landlord. Landlord shall give Tenant$3.700.00 Dollars for fresh water to be brought to the sight, including meter. Signs. Tenant shall have the right subject to Landlord's approval to place on the Leased Premises, at locations selected by Tenant and approved by the Landlord, any signs which are permitted by applicable zoning ordinance and private restrictions. Landlord shall assist and cooperate with Tenant in obtaining any necessary permission from governmental authorities or adjoining owners and occupants for Tenant to place or construct the foregoing signs. Tenant shall repair all damage to the Leased Premises resulting from the removal of signs installed by Tenant Entry. Landlord shall have the right to enter upon the Leased Premises at reasonable hours, provided Landlord shall not thereby unreasonably interfere with Tenant's business on the Leased Premises. Parkin. During,the term of this Lease, Tenant shall have the right to develop an appropriate parking facility, subject to Landlord's approval. Landlord reserves the right to designate parking areas for Tenant and Tenant's agents and employees.Tenant shall provide Landlord with a list of all license numbers for the cars owned by Tenant, it's agents and employees if so requested. De IL In the event of a default made by Tenant in the payment of rent when due to Landlord, Tenant shall have fifteen (15)days after receipt of written notice thereof to cure such default. In the event of a default made by Tenant in any of the other covenants or conditions to be kept, observed and performed by Tenant,Tenant shall have thirty(30) days after receipt of written notice thereof to cure such default IN the event that the Tenant shall fail to cure any default within the time allowed under this paragraph, Landlord may declare the berm of this Lease ended and terminated by giving Tenant written notice of such intention, and if possession of the Leased Promises is not surrendered, Landlord may reenter said premises. Landlord shall have, in addition to the remedy of above provided, any other right or remedy available to Landlord on account of any Tenant default, either in law or equity. Landkxd shall use reasonable efforts to mitigate its damages. Quiet Possession. Landlord covenants and warrants that upon performance by Tenant of its obligations hereunder, Landlord will keep and maintain Tenant in exclusive, quiet, peaceable, and undisturbed and uninterrupted possession of the Leased Premises during the term of this Lease. Condemnation. If any legally, constituted authority condemns the Building or such part thereof which shall make the Leased Premises unsuitable for leasing, this Lease shall cease when the public authority takes possession, and Landlord and Tenant shall account for rental as of that date. Such termination shall be without prejudice to the rights of either party to recover compensation from the condemning authority for any loss or damage caused by the condemnation. Neither party shall have any rights in or to any award made to the other by the condemning authority. Subordination. Tenant does not accept this Lease as subject and subordinate to any mortgage, deed of trust or other lien presently existing or hereafter arising upon the Leased Premises, or upon the Building and to any renewals, refinancing and extensions thereof, but Tenant agrees that any such mortgagee shalt have the right at any time to subordinate such mortgage, deed of trust or other lien to this Lease on such terms and subject to such conditions as such mortgagee may deem appropriate in its discretion. Landlord is hereby irrevocably vested with full power and authority to subordinate this Lease to any mortgage, deed of rust or other lien now existing or hereafter placed upon the Leased Premises of the Building. Tenant agrees that it will from time to time upon request by Landlord execute and deliver to such persons as Landlord shall request a statement in recordable form certifying that this Lease is unmodified and in full force and effect(or is there have been modifications,that the same is in full force and effect as so modified), stating the dates to which rent and other charges payable under this Lease have been paid, stating that Landlord is not in default hereunder(or if Tenant alleges a default stating the nature of such alleged default) and further stating such other matters as Landlord shall reasonably require. Notice. Any notice required or permitted under this Lease shall be deemed sufficiently given or served if sent by United States certified mail, return receipt requested, addressed as follows Landlord: Zamindad Investments, Inc. c/o David Dewitt 4841 W 0 Avenue Hialeah, PL 33012 Tenant: Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party. Brokers. Tenant represents that Tenant was not shown the Premises by any real estate broker or agent and that Tenant has not otherwise engaged in, any activity which could form the basis for a claim for real estate commission, brokerage fee, finder's fee or other similar charge, in connection with this Lease Waiver. No waiver of any default of Landlord or Tenant hereunder shall be implied from any omission to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the express waiver and that only for the time and to the extent therein stated. One or more waivers by Landlord or Tenant shall not be constructed as a waiver of a subsequent breach of same covenant, term or condition. Memorandum of Lease. The parties hereto contemplate that this Lease should not and shall not be filed for record, but in lieu thereof, at the request of either party, Landlord and Tenant shall execute a Memorandum of Lease to be recorded far the purpose of giving record notice of the appropriate provisions of this Lease. Jun 19 09 01:OOp p'4 IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first above written. Exercised by the parties on WITNESSES: 'Printed Na = .� �. { � L Print Name Printed Name: Co Number Printed Na I ant 7t,,o►�,�FSA n,R,�A Pffnt Name Printed Name: i 9CLi i, - f sql, bcWaifit Number (ACKNOWLEDGMENTS CONTINUE ON THE FOLLOWING PAGE) Juwl 24 09 1224p p.2 STATE OF FLORIDA COUNTY OF MONROE The ior+egoing instrument was acknowledged before me this2y:`'day of -"43'v^r- . 20g,7by David Dewitt, Landlord,2A-,-,;r/J A A.) . aaz,.bn behalf of said corporation. He is personally known to me or produced as iden0walion and who did not take an oath. NOTARY P i 1Nyca onOM0e7 1f3rn�n0 State of Flonda at Large My Commission Expires: (NOTARIAL SEAL) STATE OF FLORIDA COUNTY OF ;a.., • Dc,,o� The foregoing instrument was acknowledged before me this ��S day of 200 by Chi s t��r , who Is personally known to me or pr duced 0 1--as identification and who did not take an oath. NOTARY PUBLIC: 'AF,r a,,,�Notary Public State of Ftonda ', ^Stan Joan Moen y My fcmmmsron 00532854 ,' - %•C a Q3l1612010 .w. State of Florida at Large My Commission Expires: (NOTARIAL SEAL) � Pil i r , Ili r i ilf i U I 4 I� v 7 i i I , VL i NO PLAINTIFF'S EXHIBIT 1� l @. f m 'Ilk Pr xwy � 4 + PLAINTIFF'S EXHIBIT 1 0 Q MONROE COUNTY STOP WORK ORDER N2 2193 INSPECTOR �� DATE A422 BY: CODE ENFORCEMENT BUILDING DEPARTMENT CONTRACTOR'S NAME PERMIT# PROPERTY OWNER'S NAME STREET ADDRESS MM LOT BLOCK SUBDIVISION SPECIFIC DESCRIPTION OF WORK BEING DONE: HAS THIS WORK BEEN COMPLETED? Yes No Partial f Please rin ,f t e onroe o my Building epa ent, along with a copy of your Property Record Card (which may be obtained from the Property Appraiser's office) and any other documentation pertaining to this project. Depending on the scope of the work,the building department staff will be able to determine whether your project can proceed with a permit AND/OR whether a demolition permit will be required. Your prompt response to this notice is appreciated. Building Department offices are located at: Upper Keys Middle Keys Lower Keys Plantation Key Govt. Center Marathon Govt. Center Building Department 88800 Overseas Highway 2798 Overseas Highway Room 2030 Tavernier, FL Marathon, FL 5503 College Road 852-7100 289-2501 Key West, FL 33040 292-4490 For office use only: Flag placed Date Initials Flag removed Date Initials12— MONROE COUNTY CODE ENFORC:AENT NOTICE OF VIOLATION/NOTICE OF HEARING MARATHON AQUA RANCH CASE NUMBER: CE09040149 TO: C/O CHARLES P BARRA&KRISTIN KURTZ 105 LONG KEY LAKE DRIVE RE: LONG KEY, FL 33001 RE NUMBER: 00098530000200 LOCATION VACANT LOT #1 ON US 1 LONG KEY, FL 33001 DEAR PROPERTY OWNER / TENANT, You are hereby notified that an inspection of the above referenced property on 04/27/09 found violations of the following Monroe County Section(s) : 110-140 . (1) RUNNING A BUSINESS FROM THIS PROPERTY REQUIRES PERMIT (S) , APPROVAL(S) AND INSPECTION(S) . Corrective Action Required: Contact the Monroe County Building and Planning Department and obtain an after the fact permit or remove as directed. NOTE: All permit fees and permit requirements are based on the specific scope of work. Additional permits, permit fees, mitigation fees, or restoration of the property to original condition may be required. The minimum fee for an After The Fact permit is $500 . 00 (five hundred dollars) as per Monroe County Code.All permits will require PASSING FINAL INSPECTION(S) . 6-27 . (b) (3) a THE SIGN(S) AND STRUCTURE (S) ON THIS PROPERTY ARE HEREBY DECLARED ILLEGAL AND SHALL BE ABATED BY REPAIR AND REHABILITATION OR DEMOLITION. Corrective Action Required: CONTACT THE MONROE COUTNY BUILDING DEPARTMENT AND OBTAIN A PERMIT TO DEMOLISH OR REPAIR THE OFFENDING STRUCTURE OR SYSTEM. NO EXTRA TIME TO COMPLY WILL BE GIVEN AS THIS VIOLATION POSES A SERIOUS THREAT TO PUBLIC HEALTH SAFETY AND WELFARE. Corrective Action Required: TO AVOID FINES AND/OR COSTS of prosecution as per Chapter 162 F.S - 11 violations noted above must be corrected by tj If the violation is corrected and then re rs, or if the violation is not corrected by the time specified for correction by the Code Enforcement Inspector, the case may be presented to the Code Enforcement Special Magistrate even if the violation has been corrected prior to the hearing. IT IS YOUR RESPONSIBILITY TO CONTACT THE CODE ENFORCEMENT INSPECTOR AND REQUEST A RE-INSPECTION. If you fail to correct the above described violations, you must appear before the Special Magistrate as stated below. ** NOTICE OF ADMINSITRATIVE HEARING ** PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special Magistrate in the above case on 07/30/2009 at 09 : 00 AM at the Monroe County Government Regional Center, 2798 Overseas Hwy. , Marathon, Florida. The purpose of this hearing is to determine if in fact, a viola- tion currently exists, the appropriate action to be taken, and any fines or penalties to be imposed. YOUR FAILURE TO APPEAR MAY RESULT IN A FINE OR PENALTY BEING IMPOSED AGAINST YOU AND A LIEN BEING IMPOSED ON YOUR PROPERTY You may appear in person and/or be represented by an attorney. If you are represented by an attorney, your attorney is required to file a written notice of appearance with this office prior to the hearing. *IF YOU DECIDE TO APPEAL any decision by the Special Magistrate, you will need to ensure that a verbatim record of the proceedings is made, which shall include the testimony and evidence upon which the appeal is to be based. Should you seek a continuance of your administrative hearing, the presiding officer may grant a continuance of a hearing for good cause shown. Except in cases of emergency, requests for continuance must be made at least five working prior to the date noticed for the hearing. A request for continuance DOES NOT GUARANTEE a postponement of your hearing. Contact the office of the Liaison for the Special Magistrate to submit your request . Pursuant to F.S . Chapter 162 . 09 (2) (d) , your failure to correct the violation(s) may result in the impositon of a fine, not to exceed $1, 000 per day per violation for a first violation, $5, 000 per day per violation for a repeat violation, and up to $15, 000 per violation if the Special Magistrate finds the violation to be irreparable or irreversible in nature. In addition to such fines, the Special Magistrate may impose additional fines to cover all costs incurred by the local government in enforcing its codes and all costs of repairs pursuant to subsection (1) . Date: 05/05/09 Ru Mt.- jo( ) h2"� (305, aL Z$9. 2-5 19 jQEL, KER J Code Enforcem nt Inspector I hereby certify that a copy hereof has been furnished to the above named addressee (s) by Certified mail, Return receipt Request No. 7002 2410 0000 9898 3111to 105 LONG KEY-LAKV DRIVE- NG KEY-FL, 33001 33001 Code Enforcement Department Please contact your inspector at the appropriate Lower Keys : 1100 Simonton St . , (Rm. 1-171) , Key West, FL 33040 - (305) 292-4495 Middle Keys : 2798 Overseas Hwy. Marathon, FL 33050 - (305) 289-2810 Upper Keys : 102050 Overseas Hwy.Tavernier, FL 33070 (305) 453-8806 If you are a person wit2 a disability who needs ar'31 accommodation in order to participate, you are entitled, at no extra cost to you, to the provision of certain assistance. Please contact this office at (305) 289-2509 within 2 days of your receipt of this notice. If you are hearing impared, please call 711 . Monroe County Code Enforcement Office of the Liaison 2798 Overseas Hwy. Marathon, FL 33050 Phone: (305) 289-2509 (305) 289-2858 IF SERVICE IS NOT OBTAINED BY CERTIFIED RETURN RECEIPT MAIL, A TRUE AND ACCURATE COPY WILL BE POSTED AT THE SUBJECT PROPERTY AND AT THE MONROE COUNTY COURTHOUSE. County of Monroe Growth Management Division Plannine&Environmental Resources Department Board of County Commissioners 2798 Overseas Highway,Suite 410 Mayor George Neugent,Dist 2 Marathon,FL 33050 Mayor Pro Tem Sylvia I Murphy,Dist.5 Voice: (305)289-2500 Kum Wigington,Dist 1 FAX: (305)289-2536 Heather Carruthers,Dist 3 11io Mario Di Gennaro,Dist 4 We strive to be caring,professional and fair May 27, 2009 Charles Paul Barra PO Box 779 Layton,FL 33001 SUBJECT: LETTER OF UNDERSTANDING CONCERNING THE DEVELOPMENT OF A NEW AQUA RANCH FACILITY AT THE `ZAMINDARI INVESTMENTS INC PROPERTY',LOCATED AT MILE MARKER 69 OF THE OVERSEAS HIGHWAY,LONG KEY,HAVING REAL ESTATE NUMBERS 00098530.000200 & 00098530.000700 Mr. Barra, Pursuant to §110-3 of the Monroe County Code (MCC), this document shall constitute a Letter of Understanding (LOU). On May 14, 2009, 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 Allen Billingsley and Charles Paul Barra(hereafter referred to as "the Applicant") and Joseph Haberman, Principal Planner&Janis Vaseris, Biologist (hereafter referred to as "Staff'). Materials presented for review included: (a) Pre-Application Conference Request Form; (b) Monroe County Property Record Cards; and (c) Monroe County Land Use District Map and Future Land Use Map; I. APPLICANT PROPOSAL 1. The Applicant is proposing to establish a commercial retail/institutional facility, known as Aqua Ranch, on the subject property. This new facility would replace a similar facility, located on Grassy Key within the City of Marathon that was recently closed. Proposed New Aqua Ranch.Lone Kev, RF,owmR,;zn i o++e. .orT_a___..._ - The proposed facility would utilize the existing quarry, which is submerged, to locate fish and other aquatic wildlife, including Cobia,Peppermint Shrimp and Sea Urchin. The facility would be open to the public and would include a greeting station, a viewing platform, an auditorium tent, tiki huts for shade and signage. Subject Property(outlined in blue)(2006) II. SUBJECT PROPERTY DESCRIPTION 1. The property is located at mile marker 69 along the gulf-side of the Overseas Highway (US 1) on Long Key. 2. The property consists of two (2) contiguous, un-platted parcels of land. The parcels are legally described as part of Lot 1, Section 33/34, Township 64, Range 35, Long Key,having real estate(RE)numbers 00098530.000200 and 00098530.000700. 3. According to the Monroe County Property Appraiser's records, both parcels are currently owned by Zamindari Investments Inc. Both parcels are currently being assessed under the property classification(PC)code of 00 (vacant residential). 4. According to the Property Appraiser's records, the eastern parcel, RE 00098530.000200, consists of 11.3 acres of total upland area. The western parcel, RE 00388470.000000, consists of 7.7 acres of total upland area. A boundary survey was not submitted. Therefore, all calculations included in this letter are based on the Property Appraiser's records. A sealed boundary survey may be required at the ,,.. 111 .. --1..-. T ---TX--. nV 1%1A/An0CIA T -. --..FTT...7e....+—`l-- part"') nf In time of application submittal for development approval. If the amount of upland area provided on a boundary survey differs, then calculations provided in this letter are subject to change. III.RELEVANT PRIOR COUNTY ACTIONS 1. The Code Enforcement Department opened case CE09040149 in April 27, 2009 after a code enforcement officer determined that a 12 foot by 12 foot shed was constructed on the property without the benefit of permit. The case remained open as of the date of this letter. IV.REVIEW OF REDEVELOPMENT PROPOSAL The following land development regulations directly affect the proposal (however, it is important to note that there are other land development regulations not referred to or described in this letter which may govern future development as well): 1. The property is divided within two Land Use Districts, Suburban Residential (SR) and Native Area (NA). Consistent with the boundary lines of the land use districts, the property is also divided within two Future Land Use Map (FLUM) categories,Residential Low (RL) and Residential Conservation (RC). The entire property has a tier designation of Tier 1. After reviewing the Land Use District Map and Future Land Use Map at the conference, the Applicant indicated that the proposed development would occur entirely within the SR/RL portion of the site. 2. In the application, it is indicated that the proposed structures are temporary (greeting station, a viewing platform, an auditorium tent,tiki huts for shade and signage). Pursuant to MCC §6-112, Temporary Structures, the Building Official may issue a special building permit for a limited time of not more than six months for the erection of temporary structures such as construction sheds, trailers, seats, canopies, tents and fences used in construction work or for temporary uses and events. The structures shall be completely removed upon expiration of the time stated in the permit. Based on the Applicant's description of the facility, all of the proposed structures would remain on the site for an indefinite period of time. Furthermore, the tents and other structures would not be deconstructed each night. Therefore, the structures would not be considered temporary and all of the structures must receive building permit approval as permanent structures, showing compliance with all required land development and building codes. In addition, temporary uses are those uses that are required for a period certain in the construction phase of development, are uniquely seasonal in nature, including other Proposed New Aqua Ranch,Lone Kev. RE nOn9RSzn T PfPT - _., u activities of a similar nature such as Christmas tree sales, temporary emergency shelters, concerts, carnivals and tent meetings. Based on the Applicant's description of the facility,the proposed land use of the property would not be classified as temporary either. Therefore,the land use must be permitted as a permanent land use as well. 3. The proposed use would be classified as a combination of institutional and commercial retail. Institutional is a use that serves the recreational, religious, educational, cultural or health needs of the community, including educational and scientific research facilities that serve the region. Commercial retail is a use that sells goods or services at retail. Based on the Applicant's description of the facility and how it would be operated, a component of the use would be institutional in that it would serve the educational needs of the community, which includes educational and scientific research facilities. Although the Aqua Ranch is a for-profit entity, it is in part a scientific research facility that intends to educate visitors about aquaculture. The other component of the use would be commercial retail in that the use relates to the operation of a for-profit organization that involves selling goods and services at retail such as visiting the facility, fish feed, fish encounters and merchandise. Pursuant to MCC §130-94, in the SR District, institutional uses may be permitted with a minor conditional use permit provided that a) the parcel proposed for development is separated from any established residential uses by a class-C bufferyard and b) access to US 1 is by way of an existing curb cut, a signalized intersection or a curb cut that is separated from any other curb cut on the same side of US 1 by at least 400 feet. Depending on trip generation, commercial retail uses are classified as low, medium or high-intensity. No traffic impact analysis has been submitted which would indicate whether the commercial retail use would be classified as low, medium or high; however based on a description of the facility, it is anticipated that it would be either low or medium. In order to have Staff confirm the intensity, a traffic impact analysis shall be required at the time of application submittal. Pursuant to MCC §130-94, in the SR District, low and medium-intensity commercial retail uses of up to 2,500 ft2 of floor area may be permitted with a minor conditional use permit from the Planning & Environmental Resources Department and building permits from the Building Department provided that a) the parcel of land on which the commercial retail use is to be located abuts the right-of-way of US 1 or a dedicated right- of-way to serve as a frontage road for US 1; b) the commercial structure(s) must be located within 200 feet of the centerline of US 1; c) the commercial retail use does not involve the sale of petroleum products; d) the commercial retail use does not involve the outside storage or display of goods or merchandise; e) there is no direct access to US 1 from the parcel of land on which the commercial retail use is to be located; f) the structure(s) in which the commercial retail use is to be located is separated from the US 1 V right-of-way by a class "C"bufferyard; g)the structure in which the commercial retail use is to be located is separated from any existing residential structure by a class "C" bufferyard; and h) no signage other than one identification sign of no more than four(4) f12 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 US 1. In the event the commercial retail use is considered high-intensity, the development would be prohibited as high-intensity commercial retail uses are not permitted in the SR District. As proposed and if found to be low or medium-intensity, the development could meet all of the criteria with the exception of e) there is no direct access to US 1 from the parcel of land on which the commercial retail use is to be located. However, Staff has determined that the proposed use is partially institutional and not purely commercial retail; there is an existing direct access drive on US 1; the existing access drive meets the major road access requirements set forth in MCC §114-195; there is not an alternative for parallel access from a side street; and the minor conditional use permit process would ensure that the site is compatible for the proposed use and that the level of service requirements would be satisfied. Therefore, Staff has found that criteria e) shall not prohibit the Applicant from applying for and receiving a minor conditional use permit. 4. A minor conditional use permit shall be required. Applications for minor conditional use permits are approved or denied by the Director of Planning & Environmental Resources following a review by the Development Review Committee. Applications are subject to the additional standards set forth in MCC §110-67 and the procedures set forth in MCC §110-70. When considering applications for a conditional use permit, the Director shall consider the extent to which: 1) the conditional use is consistent with the purposes, goals, objectives and standards of the Year 2010 Comprehensive Plan and Land Development Code; 2) the conditional use is consistent with the community character of the immediate vicinity of the parcel proposed for development; 3) the design of the proposed development minimizes adverse effects, including visual impacts, or the proposed use on adjacent properties; 4) the proposed use will have an adverse effect on the value of surrounding properties; 5) the adequacy of public facilities and services, including, but not limited to, roadways, park facilities, police and fire protection, hospital and Medicare services, disaster preparedness program, drainage systems, refuse disposal, water and sewers, judged according to standards from and specifically modified by the public facilities capital improvements adopted in the annual report required by the Land Development Code; 6) the applicant for conditional use approval has the financial and technical capacity to complete the development as proposed and has made adequate legal provision to guarantee the provision and development of any open space and other improvements associated with the proposed development; 7) the development will adversely affect a known archaeological, historical or cultural resource; 8) public access to public beaches and other waterfront areas is preserved as a part of the proposed Proposed New Aqua Ranch,Long Key,RE 00098530,Letter of Understandine Va".c..v,n development; and 9) the proposed use complies with all additional standards imposed on it by the particular provision of this chapter authorizing such use and by all other applicable requirements of the Land Development Code. 5. The proposed use involves educating visitors about aquaculture. However, according to the Applicant, aquaculture activities would not be conducted as part of the proposed development. The Applicant did indicate that aquaculture use may be introduced to the site in the future. Aquaculture and mariculture uses are classified as agricultural. Pursuant to MCC §130-94, agricultural uses may be permitted with a major conditional use permit provided that a) the use is compatible with land uses established in the immediate vicinity of the parcel proposed for development; b) the parcel proposed for development is separated from any established residential use by at least a class "C" bufferyard; and c) all outside storage areas are screened from adjacent uses by solid fence, wall or hedge at least six (6) feet in height. Major conditional use permit applications, approved or denied by the Planning Commission at a public hearing following a review by the Director of Planning and the Development Review Committee, are subject to the additional standards set forth in MCC §110-67 and the procedures set forth in MCC §110-70. 6. The Non-Residential Rate of Growth Ordinance (NROGO) shall not apply to the redevelopment, rehabilitation or replacement of any lawfully-established, non-residential floor area which does not increase the amount of non-residential floor area greater than that which existed on the site prior to the redevelopment, rehabilitation or replacement. Non-residential floor area is the sum of the gross floor area for a non-residential building or structure as defined in MCC §101-1, any areas used for the provision of food and beverage services and seating whether covered or uncovered, and all covered, unenclosed areas. For all covered permanent structures, including the proposed greeting station and auditorium tent, NROGO allocations shall be required. The tiki huts may be exempted from the NROGO permit allocation in accordance with MCC §138-50 if the Director determines that they are for sunshade use only, are unenclosed and are less than 200 ft2 in area. A NROGO application will not be accepted by the Planning & Environmental Resources Department until a building permit application for the proposed development is found in compliance with all applicable regulations by the Building Department. The building permit will be issued following an application for and receipt of the required NROGO floor area allocation(s). The amount of non-residential floor area to be allocated is limited to a maximum of 2,500 ft2 for any one site per allocation date. The annual allocation is distributed between two allocation dates, which are generally in or around January and July of each year. ,... .was w 'ary ,Y. Y .. Tl TT nnnnn G•lA r ....,e ..,.iCx R'.....1 .. .,.,,3:...,.. T, ,.... ! -A-In 7. In the SR District, for institutional and commercial retail, the following land use intensities apply: 0-4 ee-a Iahr�e� 4io gem" Institutional 0.25 FAR 7.5 acres P� N �e � se�c� 81,675 ft Not To be 326,700 ft2 rovi led determined Commercial Retail n/a*** 7.5 acres 2,500 ft' Not To be (low-intensity) 326,700 ftZprovided determined * Although the site is 19 acres,according to our GIS records,only approximately 7.5 acres are designated as SR upland. A sealed boundary survey providing a total amount of upland may be required at application submittal. ** Floor area ratio is total floor area of the non-residential structures(s)divided by the gross area *** No FAR is given and the maximum per lot stated in MCC §130-94 shall prevail 8. In the SR District, there is a required open space ratio of 50 percent. Therefore, at least 9.5 acres of the 19 acres of the total land area must remain open space. 9. The required non-shoreline setbacks in the SR District are as follows: Front yard — 25 feet; Rear yard — 10 feet; and Side yard — 10115 feet (where 10 feet is required for one side and 15 feet is the minimum combined total of both sides). The required shoreline setbacks for principal structures in the SR District are as follows. Along lawfully altered shorelines including manmade canals, channels and basins, structures shall be set back at least 20 feet as measured from the mean high water(MHW) line. Along open water shorelines not adjacent to manmade canals, channels, or basins, and which have been altered by the legal placement of fill: a) and where a mangrove fringe of at least ten feet in width occurs across the entire shoreline of the property, structures shall be set back at least 30 feet as measured from the MHW line or the landward extent of the mangroves, whichever is further inland; b) and where no mangrove fringe exists, structures shall be set back at least 30 feet from the AGM line, provided that native vegetation exists or is planted and maintained in a 10-foot width across the entire shoreline as approved by the county biologist, and is placed under conservation easement; otherwise the setback shall be 50 feet as measured from the MHW line; and c) on infill lots surrounded by significant development where structures are set back less than 50 feet from MHW or the landward extent of mangroves, the Director of Planning & Environmental Resources may evaluate the community character, the presence or absence of environmental features, and the setbacks on adjacent developed properties within two parcels on either side of proposed development, and may allow principal structures to be set back as far as practicable or in line with adjacent principal structures. In no event shall the setback be less than 20 feet. On shorelines where the existing pattern of setback is greater than 30 feet, the greater setback shall apply. Along unaltered and unlawfully altered shorelines,principal structures shall be set back 50 feet as measured from the MHW line or the landward extent of the mangroves, whichever is further landward. Proposed New Aqua Ranch,Long Key,RE 00098530.Letter of i Tnderctandino 1., The required shoreline setbacks for accessory structures in the SR District are as follows. Accessory structures, as defined in MCC §101-1, within the shoreline setback shall be constructed at a foundation height not to exceed 18 inches above existing grade and shall meet the following design criteria: 1) along altered shorelines,including manmade canals, channels, and basins: a) in no event shall the total, combined area of all structures occupy more than 60 percent of the upland area of the shoreline setback and b) pools, spas and any screen structures over pools or spas shall be set back a minimum of 10 feet, as measured from the MHW line; 2) along open water shorelines that have been altered by the legal placement of fill, and where a mangrove fringe of at least 10 feet in width occurs across the entire shoreline of the property: a) in no event shall the total, combined area of all structures occupy more than 30 percent of the shoreline setback and b) accessory structures other than docks and erosion control structures shall be set back a minimum of 15 feet, as measured from the MHW line or the landward extent of the mangroves, whichever is further landward, and shall be located in upland areas; and 3) along unaltered shorelines: a) in no event shall the total, combined area of all structures occupy more than 30 percent of the shoreline setback and b) accessory structures other than docks and erosion control structures shall be set back a minimum of 25 feet, as measured from the MHW line or the landward extent of the mangroves, whichever is further landward, and shall be located in upland areas. 10.No structure or building shall be developed that exceeds a maximum height of 35 feet. 11. A stormwater management plan shall be required as a part of any application. This plan shall detail pre and post development water flow and storage on site with supporting calculations. 12. Any redevelopment shall require coordination with the Florida Department of Health if wastewater flows are less than or equal to 5,000 gallons per day or with the Florida Department of Environmental Protection if flows exceed 5,000 gallons per day. 13. The development would be subject to the following off-street parking requirements: Spec ZAP I f* t Commercial Retail 3 spaces/ 1,000 ft' Not To be Provided determined All regular parking spaces, with the exception of parallel, must be at least 8.5 feet in width by 18 feet in length and all handicap-accessible parking spaces must be at least 12 feet in width with an access aisle of 5 feet in width. Parallel spaces must be 8.5 feet in width by 25 feet in length. If there are 1 to 25 total parking spaces in a lot, one (1) accessible parking space, 12 feet in width, is required. Such a space shall be designed and marked for exclusive use of those individuals who have been issued either a disabled parking permit or a license plate. In addition, a 5-foot parking access aisle must be part of an accessible route to the Urnnnceri New Anna Ranch,Lone Kev,RF.00098530_Letter ofUnderstandine Page 9 of 10 building entrance. The access aisle shall be striped diagonally to designate it as a no- parking zone. Curb ramps must be located outside of the disabled parking spaces and access aisles. 14. All non-residential uses with less than 2,500 ft2 of floor area are required to have a loading/unloading space, measuring 11 feet by 35 feet. Loading/unloading spaces shall be located entirely on the same lot as the principal use they serve. These spaces shall not be located on any public right-of-way, parking spaces or parking aisle and shall be as close to the building served as possible. 15. No structure or land which abuts US 1 shall be developed, used or occupied unless a scenic corridor or bufferyard is provided. In the SR District, the required major street bufferyard is a class "B"bufferyard. A land use district bufferyard is required. The property is bisected by the SR/NA District. Along the SR/NA boundary line, a class "A"district boundary bufferyard is required. 16. A traffic impact analysis shall be required as a part of any application. The projected trip generation and level of service directly affect whether or not the development may be permitted or prohibited. The county's traffic consultant shall review the traffic analysis and must approve its findings to determine to what extent the proposal will affect the level of service along US 1. 17.No building permit shall be issued by the county for impact-producing development unless the applicant has paid the applicable impact fees. Therefore, for redevelopment that increases the amount of non-residential floor area above that existing on the site prior to redevelopment, an impact fee(s)will be assessed. V. OTHER ISSUES CONCERNING THE PROPOSAL 1. Staff was concerned about the environmental issues relating to such a facility and requested that the Applicant coordinate with the Florida Department of Environmental Protection and US Fish and Wildlife Service so that the agencies were aware of the proposed facility and would have the opportunity to provide the Applicant with any additional requirements and/or permit applications. 2. Prior to the issuance of any building permit, proposed development shall be found in compliance by the Monroe County Building Department, the Monroe County Public Works Division and the Monroe County Office of the Fire Marshal. Staff recommends that the Applicant coordinate with these offices prior to application submittal. 3. The site is designated within AE—EL 8, AE—EL 9, VE—EL 11 and VE—EL 13 flood zones on the Federal Emergency Management Agency (FEMA)'s flood insurance rate maps. All new structures must be built to floodplain management standards that meet or exceed Proposed New Aqua Ranch,Long Key,RE 00098530, Letter of Understandinv 1D__. those for flood protection. Staff requests that the Applicant coordinate with the Floodplain Administrator prior to any application submittal. 4. Any development shall be required to meet all standards and requirements of the Americans with Disabilities Act (ADA) and the Florida Accessibility Code for Building Construction. 5. Part of the subject property may be within incorporated jurisdiction of the City of Layton. According to our GIS database, the parcel is entirely within the unincorporated County. However, the Monroe County Property Appraiser's maps suggest it may be partially within the City. In any event, the developed portion is within the County on both maps. However, if a boundary survey finds that part of the site is within the City and any use and/or development extends into the incorporated jurisdiction, the Applicant will need to consult with the City to determine if any additional approvals are necessary. 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 Year 2010 Comprehensive Plan are amended, the project will be required to be consistent with all goals, objectives and standards at the time of development approval. The Department acknowledges that all items required as a part of the application for development approval may not have been addressed at the meeting, and consequently reserves the right for additional comment. You may appeal decisions made in this letter. The appeal must be filed with the County Administrator, 1100 Simonton Street, Gato Building, Key West, FL 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 y s Townley chwab, Senior Director Planning &Environmental Resources Cc: Joe Paskalik, Building Official Ronda Norman, Senior Director of Code Enforcement Joseph Haberman, Principal Planner ... .wI • - A T 11 - l C ^ T u,_ LTT..,1_,_a _..:.__ 71-__ In -elf% DocK 1804365 09/03/2010 10:40AM Docp 1804363 F.ilad 8 Recorded In Official Records of Elcp 2481 P gN 2240 MONROE COUNTY DANNY L. KOLHAGE MONROE COUNTY, FLORIDA MINOR CONDITIONAL USE PERMIT DEVELOPMENT ORDER NO. 01-10 A DEVELOPMENT ORDER APPROVING THE REQUEST BY ZAMINDARI INVESTMENTS FOR A MINOR CONDITIONAL USE PERMIT IN ORDER TO CONSTRUCT A FACILITY TO BE KNOWN AS AQUA RANCH, THAT CONSISTS OF A TOTAL OF 2,400 SQUARE FEET OF LOW-INTENSITY COMMERCIAL RETAIL/INSTITUTIONAL NON-RESIDENTIAL FLOOR AREA AT PROPERTY LEGALLY DESCRIBED AS A PORTION OF GOVERNMENT LOT 1 IN SECTION 34,TOWNSHIP 64 SOUTH, RANGE 35 EAST AND OF GOVERNMENT LOT 1 IN SECTION 33, TOWNSHIP 64 SOUTH, RANGE 35 EAST, LONG KEY, MONROE COUNTY, FLORIDA AND HAVING REAL ESTATE NUMBERS 00098530.000200 &00098530.000700. WHEREAS, during regularly scheduled meetings held on November 3, 2009 and March 9, 2010, the Development Review Committee of Monroe County conducted a review and consideration of the request by Charles Berra, on behalf of Zamindari Investments, for a minor conditional use permit pursuant to §110-69 and §130-94 of the Monroe County Code; and WHEREAS, the subject property is a parcel on the Overseas Highway (US 1) at approximate mile marker 69 and is legally described as a portion of government lot 1 in Section 34, Township 64 South, Range 35 East and of government lot 1 in Section 33, Township 64 South, Range 35 East on Long Key, Monroe County, Florida, having real estate numbers 00098530.000200 &00098530.000700; and WHEREAS, the development involves the construction of a 1,760 ft2 tent structure, a 320 ft2 gift shop structure, a 320 ft2 office structure with bathroom facilities and associated site improvements; and WHEREAS, the Development Review Committee and Director of Planning & Environmental Resources reviewed the following documents and other information relevant to the request: 1. Minor Conditional Use Permit application received by the Monroe County Planning &Environmental Resources Department on August 28,2009; and Development Order No.01-10 Page 1 of 6 File No.29082 2. Site Plan Phase I: Preconstruction (A101) by Chris Liddle Architect, dated January 12,2010 and last revised February 8,2010; and an 3. Site Plan Phase II: Site Construction(A102)by Chris Liddle Architect, dated January 12,2010 and last revised February 8,2010; and co o 4. Site Plan Phase III: Construction(A103)by Chris Liddle Architect, dated January 12, W 2010 and last revised February 8, 2010; and 5. Site Plan Phase IV: Operation (A104) by Chris Liddle Architect, dated January 12, 2010 and last revised April 8,2010; and 6. Letter of Understanding from Townsley Schwab, Senior Director of Planning and Environmental Resources, dated May 27,2009; and 7. Staff report prepared by Bill Harbert, Monroe County Planner, and Janis Vaseris, Biologist,dated November 3, 2009; and 8. Staff report prepared by Bill Harbert, Monroe County Planner and Mike Roberts, Senior Administrator of Environmental Resources,dated March 8, 2010; and WHEREAS, based upon the information and documentation submitted, the Director of Planning&Environmental Resources made the following Findings of Fact: 1. The subject property is located partially in a Suburban Residential (SR) District and partially in a Native Area(NA)District; and 2. The area to be developed is located entirely within the Suburban Residential (SR) District; and 3. The subject property is partially designated within Future Land Use Map (FLUM) category of Residential Low (RL) and partially designated with FLUM category of Residential Conservation(RC); and 4. The area to be developed is located entirely within area with a Residential Low (RL) FLUM designation; and 5. The subject property has a tier designation of Tier 1; and 6. Developments shall be consistent with the provisions and intent of the Monroe County Year 2010 Comprehensive Plan and Monroe County Code; and 7. Pursuant to §130-94 of the Monroe County Code, in the Suburban Residential (SR) District, commercial retail of low and medium-intensity or office uses or any combination thereof of less than 2,500ft2 of floor area and institutional uses may be permitted following the receipt of a minor conditional use permit; and 8. Pursuant to §110-69 of the Monroe County Code, the Director of Planning & Environmental Resources is authorized to approve applications for minor conditional use permits in accordance with the standards provided in §110-67; and 9. §110-67 of the Monroe County Code provides the standards which are applicable to all conditional uses. When considering applications for a conditional use permit, the Director of Planning&Environmental Resources shall consider the extent to which: Development Order No.01-10 Page 2 of 6 File No.29082 a. The conditional use is consistent with the purposes, goals, objectives and standards of the Monroe County Year 2010 Comprehensive Plan and Monroe County Code; and a b. The conditional use is consistent with the community character of the immediate a,a, vicinity of the parcel proposed for development; and " c. The design of the proposed development minimizes adverse effects, including ,�w visual impacts, of the proposed use on adjacent properties; and a d. The proposed use will have an adverse effect on the value of surrounding A properties; and e. The adequacy of public facilities and services, including but not limited to roadways, park facilities, police and fire protection, hospital and Medicare services, disaster preparedness program, drainage systems, refuse disposal, water and sewers,judged according to standards from and specifically modified by the public facilities capital improvements adopted in the annual report required by the Monroe County Code; and f. The applicant for conditional use approval has the financial and technical capacity to complete the development as proposed and has made adequate legal provision to guarantee the provision and development of any open space and other improvements associated with the proposed development; and g. The development will adversely affect a known archaeological, historical or cultural resource; and h. Public access to public beaches and other waterfront areas is preserved as a part of the proposed development; and i. The proposed use complies with all additional standards imposed on it by the particular provision of this chapter authorizing such use and by all other applicable requirements of the Monroe County Code; and\ 10. Developments requiring a minor conditional use permit shall be consistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; and WHEREAS, the Director of Planning & Environmental Resources made the following Conclusions of Law: 1. The development shall be consistent with the provisions and intent of the Monroe County Year 2010 Comprehensive Plan: a. The development is consistent with the purpose of the Residential Low (RL) future land use category, as set forth in Policy 101.4.2; and 2. The development shall be consistent with the provisions and intent of the land development regulations of the Monroe County Code: a. The development is consistent with the purpose of the Suburban Residential (SR) District, as set forth in §130-44 of the Monroe County Code; and b. The land uses of the development are permitted uses in the Suburban Residential (SR)District, as set forth in §130-94 of the Monroe County Code; and Development Order No.01-10 Page 3 of 6 File No.29082 c. Following the execution of the provided conditions, the development shall meet all of the standards for a conditional use permit as set forth in §110-67 of the T Irn Monroe County Code; and *a .4'a9- CD 0 3. The proposed development is not inconsistent with any of the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; and m � a WHEREAS, at the November 3, 2009 DRC meeting, staff discussed several issues with N the applicant regarding the proposed site plan's non-compliance with the land development code. w It was agreed by staff and the applicant that the issues were significant and that a revised site plan needed to be submitted. It was also agreed that the DRC should review said site plan at a later meeting; and WHEREAS, at the March 9, 2010 DRC meeting, following a staff recommendation, the Director of Planning & Environmental Resources applied the following conditions to be met prior to the issuance of any development order approving the minor conditional use permit: a. Prior to the issuance of a development order, the county's traffic consultant must approve the findings of the traffic study submitted in the application. b. Prior to the issuance of a development order, the applicant shall modify the plans to show a Class E major street buffer along the US 1 property line. WHEREAS, to satisfy the condition "Prior to the issuance of a Development Order, the county's traffic consultant must approve the findings of the letter concerning traffic that was submitted by the applicant", staff received an e-mail from Raj Shanmugam, URS Corporation, the county's traffic consultant, dated March 10,2010, approving the findings; and WHEREAS, to satisfy the condition "Prior to the issuance of a development order, the applicant shall modify the plans to show a Class E major street buffer along the US 1 property line.", staff received a revised site plan on April 15, 2010 dated January 12, 2010 and last revised April 8,2010 that indicates a Class E major street buffer along the US 1 property line; and WHEREAS, the applicant has indicated an interest in adding an aqua culture use to the site at a later date. Pursuant to §130-94 of the Monroe County Code, agriculture/aqua culture uses require a major conditional use permit. In the event the applicant decides to establish such a use on the subject property, the applicant must first apply for and receive major conditional use permit approval from the planning commission; and WHEREAS, the Director of Planning & Environmental Resources has duly considered the recommendation of staff and the information and documentation submitted by the applicant; and WHEREAS,the record established, the testimonies offered, and the evidence submitted, support the Findings of Fact and Conclusions of Law adopted; and Development Order No. 01-10 Page 4 of 6 File No.29082 NOW THEREFORE, BE IT RESOLVED BY THE DIRECTOR OF PLANNING & ENVIRONMENTAL RESOURCES OF MONROE COUNTY, FLORIDA that the request for a Minor Conditional Use Permit is hereby APPROVED, subject to the following conditions: 1. Prior to the submittal issuance of a building permit, the applicant shall coordinate with the Senior Administrator of Environmental Resources concerning the US 1 buffer yard species composition and layout and receive the administrator's conceptual approval of the landscaping plan. 2. Prior to the issuance of a building permit(s), the applicant shall provide a letter of coordination from the Florida Department of Health and if necessary the Florida Department of Environmental Protection concerning wastewater treatment. 3. Prior to the issuance of a building permit(s) for permanent structure(s), the applicant shall receive all required NROGO allocation(s) for the proposed square footage (2,400 W). 4. Prior to the issuance of a building permit, the proposed development shall be found in compliance by the Monroe County Building Department, the Monroe County Floodplain Administrator, the Monroe County Public Works Division and the Monroe County Office of the Fire Marshal. 5. Prior to the issuance of a building permit, the applicant shall provide a letter from the Florida Department of Transportation approving the access drive. 6. Prior to the issuance of a building permit, if determined necessary by the Public Works Division, the applicant shall provide a letter of coordination concerning surface water management from the South Florida Water Management District concerning surface water management. D,*ep 1804365 80 2481 Pga 2244 /X..116 -ell Date To ey ch ab, Senior Dire r of Planning&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 Townsley Schwab, 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. TTIVESS my hand and official seal in the County and State last aforesaid this Y day of 92010. t Development Order No.01-10 Page 5 of 6 File No.29082 IE94NO 0"PONe-Oft r Pbft • f OnINr1�1�/N01 N ARY PUBLIC, STATE OF FLORIDA REFERENCE: In the event that this development order constitutes an amendment, extension, variation, or alteration of a previous conditional use permit, that document may be referenced by the following Deep 1804365 8101 51481 PgN 2245 NOTICE Section 110-72(a) of the Monroe County Code states that a conditional use permit shall not be transferred to a successive owner without notification to the Planning Director 15 days of the transfer. Pursuant to Section 110-73(a)(2) of the Monroe County Code, all required building permits and certificates of occupancy shall be procured within three (3) years of the date on which the minor conditional use approval is recorded and filed in the official records of Monroe County, or the minor conditional use approval shall become null and void with no further action required by the county. Approval time frames do not change with successive owners. Extensions of time to a minor conditional use approval may be granted only by the Planning Director for periods not to exceed one (1) year. Applications for extensions shall be made prior to the expiration dates. Extensions to expired minor conditional use approvals shall be accomplished only by re- application for the minor conditional uses. When a hearing officer has ordered a conditional use approval initially denied by the Planning Director, the Planning Director shall nonetheless have the authority to grant or deny a time extension under this section. If the Planning Director denies a time extension, the holder of the conditional use may request an appeal of that decision under chapter 102,article VI, division 2 by filing the notice required by that article within 30 days of the written denial of the Planning Director. This instrument shall not take effect for 30 days following the date in which the document is signed by the Planning Director. During these 30 days, this instrument shall be subject to appeal as provided in Section 102-185 of the Monroe County Code. Such an appeal stays the effectiveness of this instrument until the appeal is resolved by agreement or order. In addition, please be advised that pursuant to Chapter 9J-1, Florida Administrative Code, this instrument shall not take effect for 45 days following the rendition of the Florida Department of Community Affairs. During these 45 days, the Florida Department of Community Affairs may appeal this instrument to the Florida Land and Water Adjudicatory Commission. Such an appeal stays the effectiveness of this instrument until the appeal is resolved by agreement or order. If this development order is appealed under Monroe County Code or by the Florida Department of Community Affairs,the above time limits shall be tolled until the appeals are resolved. Development Order No.01-10 Page 6 of 6 File No.29082 M13NROE COUNTY WFICIAL RECORDS i ,i a : y� I � I � .. � j vu I i� pi � I O VP O s = O cr V � w •4L LL. ,�;�o ,jug 1- Y Y in t Q fi�G PLAINTIFF'S IT G �cif Ivy I / a O10 a fi PLAINTIFF'S EX IBIT D D I / n Ni �f b i 1� i W I r Gr" � 1 43 (QUO l J ljr v �m 0 a Hill N y EXH tT juvvi u!w ui i�iuu uwuuwugwwyyi�iuiwi�lN'Y�Y1Y10'�'U)yJ'1Mup iIIi)r J. CD � 1t pp r VSs's�muoa�ris� r�. 1�1„ �'^li p �r Np i i uuvuw a vuu wuvuu �Ll 4 ��'�� rn s � 14; O W .a 3 � f N >; I � 0 tkD 11--rA� 1D>�i01�� iunff�VYyuoV��W, 1 �PLAINTIFF'S n„ EXH BIT k f i O ~ O q O Op �•� O O � � a N r-+ a EXHBI D I r I 4wkr R e Cd I�> r„� Innnglll 0 V Cd`v Y YJ 1 I v �1 l^G o W 0 O O � a � w •� o ao � I N 4 n um PLAINTIFF'S EXH BIT a a r( �I t+Ylt7 ''I, II i. d r li i IJJII I II 'il Q 7 CA �u "Al y 1-4 �. 0 O W �r "d a w N � w ii PLAINTIFF'S T. I 1� N O y� a i U 01) O � �O �4 ";pyu2q, r� � PLAINTIFF'S EXHIIT a p S S i I t.: Id i i i W !f, p. �u O r� �1 U U a O �I O � O a � w v bQ N N i PLAINTIFF'S EXH BIT 4 r � 9 P tl Ud� h G x x pry p � h Cd aihiti�a.' ri U U Cd Cd O rA O > ri OCD N PLAINTIFF'S 0 Vl Ak r� .may O � n w � Obo H O O � 04 v EX BIT � d o; M } Q{ �e �y�lllll 1 YM, nr 1 / �� reN.Nyw!w�vrry U j Cd d) C PLAINTIFF'S �� EXH BIT j kr ilk f %u O� O ~ W , i Fr �+ N W, PLAINTIFF'S ,w,' bEX BIT )' MONROE COUNTY STOP WORK ORDER N9 3140 La�N INSPECTO J DATE BY: ZCODE ENFORCEMENT BUILDING DEPARTMENT CONTRACTOR'S NAME PERMIT# PROPERTY OWNER'SL c�Y� STREET ADDRESS LOT BLOCK SUBDIVISION SPECIFIC DESCRIPTION OF WORK BEING DONE: ° HAS THIS WORK BEEN COMPLETED? Yes No, _L,,- Partial Please bring this form to the Monroe County Building Department, along with a copy of your Property Record Card (which may be obtained from the Property Appraiser's office) and any other documentation pertaining to this project. Depending on the scope of the work, the building department staff will be able to determine whether your project can proceed with a permit AND/OR whether a demolition permit will be required. Your prompt response to this notice is appreciated. Building Department offices are located at: Upper Keys Middle Keys Lower Keys Plantation Key Govt. Center Marathon Govt. Center Building Department 88800 Overseas Highway 2798 Overseas Highway Room 2030 Tavernier, FL Marathon,FL 5503 College Road 852-7100 289-2501 Key West, FL 33040 292-4490 For office use only: Flag placed Date Initials ' Flag removed Date Initials EXHIBff County of Monroe Code Enforcement Department r 2798 Overseas Highway Marathon, Florida 33050 NOTICE OF VIOLATION/NOTICE OF HEARING To: MARATHON AQUA RANCH C/O CHARLES P.BARRA& KRISTIN KURTZ Case Number: CE10070149 105 LONG KEY LAKE DR LONG KEY,FL 33001 Re: ZAMINDARI INVESTMENTS INC C/O DAVID E.DEWITT Re Number: 00098530-000200 Location: VACANT LOT#1 ON US 1 MM 69 GULFSIDE,LONG KEY,FL 33001 DEAR PROPERTY OWNER, You are hereby notified that an investigation of the above property on 07/22/2010 found the following violation(s): 110-140.(1)-BUILDING PERMIT REQ/CH 6 PERMIT(S),APPROVAL(S),AND INSPECTION(S)ARE REQUIRED FOR: (1)THE CONCRETE ANCHORS FOR THE BARRIER IN LAGOON. (2) STORAGE CONTAINER(S) (3)HABITABLE TRAILER(S) (4) WOODEN DECKING AND COLUMNS Corrective Action Required: Contact the Monroe County Building and Planning Department and obtain an after the fact permit or demolition permit. NOTE: All permit fees and permit requirements are based on the specific scope of work. Additional permits,permit fees, mitigation fees, or restoration of the property to original condition may be required. The minimum fee for an After The Fact permit is $500.00 (five hundred dollars)as per Monroe County Code.All permits will require PASSING FINAL INSPECTION(S). 118-1 L(a)(b)-ENVIRONMENTAL RESTORATION LAND CLEARING REQUIRES PERMIT(S),APPROVAL(S)AND INSPECTION(S). 1 Corrective Action Required: CONTACT THE MONROE COUNTY BIOLOGIST FOR REQUIREMENTS TO BRING THIS PROPERTY INTO COMPLIANCE. 130.74.(c) -ACCESSORY USES/AUTHORIZED USE ACCESSORY USES IN A(SR) SUBURBAN RESIDENTIAL DISTRICT WITHOUT A PRINCIPAL STRUCTURE IS NOT PERMITTED AS OF RIGHT Corrective Action Required: Accessory uses or structures means a use or structure that is subordinate to and serves a principal use or structure; ...however,in no event shall an accessory use or structure be construed to authorize a use or structure not otherwise permitted in the district in which the principal use is located, and in no event shall an accesory use or structure be established prior to the principal use to which it is accessory. CEASE AND DESIST ACCESSORY USE(s) OF THIS PROPERTY. 17-2.(a)-ABANDONED VEHICLES THE BLACK AND SILVER FORD TRUCK HAS A FLAT TIRE AND IS UNLICENSED(NO TAG). Corrective Action Required: 1)VEHICLES MUST BE CURRENTLY REGISTERED/LICENSED or 2)Remove inoperative and/or unlicensed vehicles from the property,or 3) Store inoperative and/or unlicensed vehicles in a completely enclosed garage. Contact this office upon compliance. 17-2.(b)-ABANDONED WATERCRAFT THE VESSEL ON THIS PROPERTY IS NOT CURRENTLY REGISTERED AND HAS BEEN TAGGED AS ABANDONED AND HAZARDOUS TO NAVIGATION. Corrective Action Required: Watercraft must be currently licensed and currently operative, or(2)remove inoperative and/or unlicensed watercraft from the above described property, or(3) store in a completely enclosed building. 21-21.(b)-ILLEGAL DISPOSAL/ROADS/WATER/ ILLEGAL WASTE DISPOSAL OF OWNER(S)AND/OR LESSEE(S)ON A PROPERTY OF SOLID WASTE,ABANDONED VEHICLES,VESSELS AND ANY GARBAGE OF ANY KIND IS PROHIBITED UNDER THIS SECTION. 2 Corrective Action Required: Remove all debris or any materials or items as directed by the Code Enforcement Inspector from the above described premises and/or waterway. 21-74.(2)a- COMMERCIAL SOLID WASTE COLLECT WASTE COLLECTION SERVICE(S)ARE REQUIRED BY THE OWNER(S)AND/OR LESSEE(S)OF A PROPERTY AS STATED IN THIS SECTION. Corrective Action Required: CONTACT MONROE COUNTY SOLID WASTE DEPARTMENT AND OBTAIN A COLLECTION SERVICES AGREEMENT (305)292-4432. 21-76.(f) -PROHIBITED ACTS/UNSANITARY NUI IT SHALL BE UNLAWFUL FOR OWNER(S)AND/OR LESSEE(S) OF A PROPERTY TO MAINTAIN THAT PROPERTY AS AN UNSANITARY NUISANCE. Corrective Action Required: Remove all offensive materials, structures,unsanitary conditions and/or correct as directed by the inspector. Receipt of disposal shall be provided to the Code Enforcement Inspector if applicable.NO EXTRA TIME IS GIVEN TO COMPLY AS THIS VIOLATION POSES A SERIOUS THREAT TO PUBLIC HEALTH, SAFETY AND WELFARE. 6-27.(b)(2)f-UNSAFE UNSANITARY THE WASTE DISPOSAL ON THIS PROPERTY IS INADEQUATE AND UNSANITARY DUE TO LACK OF AN ADEQUATE SEPTIC SYSTEM. Corrective Action Required: CONTACT THE MONROE COUNTY BUILDING DEPARTMENT AND/OR THE MONROE COUNTY DEPARTMENT OF HEALTH AND OBTAIN A PERMIT TO BRING THE WASTE DISPOSAL SYSTEMISANITARY FACILITY UP TO CODE.NO EXTRA TIME TO COMPLY WILL BE GIVEN AS THIS VIOLATION POSES A SERIOUS THREAT TO PUBLIC HEALTH SAFTEY AND WELFARE. 6-27.(b)(3)a-UNSAFE ABATEMENT REQUIRED-ALL THE TRAILER(S), STORAGE CONTAINER(S),PLATFORM STRUCTURE(S)AND CONCRETE ANCHORS FOR BARRIER IN LAGOON ON THIS PROPERTY ARE HEREBY DECLARED ILLEGAL AND SHALL BE ABATED BY REPAIR AND REHABILITATION OR DEMOLITION. 3 *THIS IS AN ALLEDGED REPEAT VIOLATION.NO EXTRA TIME IS GIVEN TO COMPLY. **THIS CASE MAY BE PRESENTED TO THE CODE ENFORCEMENT SPECIAL MAGISTRATE,EVEN IF THE REPEAT VIOLATION HAS BEEN CORRECTED PRIOR TO THE HEARING. Corrective Action Required: CONTACT THE MONROE COUTNY BUILDING DEPARTMENT AND OBTAIN A PERMIT TO DEMOLISH OR REPAIR THE OFFENDING STRUCTURE OR SYSTEM.NO EXTRA TIME TO COMPLY WILL BE GIVEN AS THIS VIOLATION POSES A SERIOUS THREAT TO PUBLIC HEALTH SAFETY AND WELFARE. PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special Magistrate in the above case on 09/30/2010 at 9:OOAM in the Monroe County Government Regional Center, 2798 Overseas Hwy.,Marathon,Florida. TO AVOID ATTENDING THE HEARING, all violation(s) noted above must be corrected by 08/30/2010 . If a violation is corrected and then recurs, or if the violation is not corrected by the time specified, or if the violation is a repeat violation, the case may be presented to the Code Enforcement Special Magistrate even if the violation has been corrected prior to the hearing. Failure to correct the violation(s) may result in the imposition of costs of prosecution and fines, not to exceed $1,000 per day per violation for a first violation, $5,000 per day per violation for a repeat violation, and up to $15,000 per violation if the Special Magistrate finds the violation to be irreparable or irreversible in nature. If the County is forced to correct your violation(s),the Special Magistrate will order all costs incurred to be reimbursed to the County. THE IMPOSITION OF FINES AND/OR COSTS MAY RESULT IN A LIEN AGAINST YOU AND YOUR PROPERTY. You may appear in person and/or be represented by an attorney or authorized agent. If you are represented by an attorney, your attorney is required to file a written notice of appearance with this office prior to the hearing. You may request a continuance of the hearing for good cause shown unless an unsafe violation is alleged. Unsafe violations pose a serious threat to the Public Health, Safety and Welfare. If you choose to request a continuance, a written request on the County's form must be made five (5)business days before the date of the hearing. A request for continuance DOES NOT GUARANTEE a postponement of your hearing. Contact the office of the Liaison for the Special Magistrate to submit your request: 2798 Overseas Highway, Suite 330, Marathon, FL 33050; Phone: (305) 289-2509; Fax: (305)289-2858 4 NOTE: IF YOU DECIDE TO APPEAL any decision by the Special Magistrate, you will need to ensure that a verbatim record of the proceedings is made, which shall include the testimony and evidence upon which the appeal is to be based. IT IS YOUR RESPONSIBILITY TO CONTACT THE CODE ENFORCEMENT INSPECTOR to confirm that you do not need to attend the hearing(s). Ple a contac our inspector at the appropriate C4location: � WAL ROEL,KEW J l• Code Enforcement Inspector Lower Keys: 5503 College Road, Suite 204 Key West,FL 33040 (305)292-4495 Middle Keys: 2798 Overseas Highway, Suite 330 Marathon,FL 33050 (305)289-2810 Upper Keys: 102050 Overseas Highway Key Largo,FL 33037 (305)453-8806 CERTIFICATION OF SERVICE I hereby certify that a copy hereof has been furnished to the above named addressee(s) by Certified Mail,Return Receipt Request No.: 7002 2410 0000 9942 4378 on 08/30/10 . Y� k()tnAw-) Code Enforcement Department IF SERVICE IS NOT OBTAINED BY CERTIFIED RETURN RECEIPT MAIL, A TRUE AND ACCURATE COPY OF THIS NOTICE WILL BE POSTED AT THE SUBJECT PROPERTY AND THE MONROE COUNTY COURTHOUSE. ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292-4441, between the hours of 8:30 a.m. - 5:00 p.m.,no later than ten(10 calendar days prior to the scheduled meeting; if you are hearing or voice impaired, call 11711". Docq 1937474 06/17/2013 11:294M Filed & Recorded in Official Records of MONROE COUNTY AMY HEAVILIN , DOCO 1937474 8kq 2634 P90 461-1G r Doan 1804383 09/03/2010 10:40AM D-aaq 1804365 BM 2481 P Filed & Recorded In Official Records of 9q 2240 MONROE COUNTY DANNY L. KOLHAGE MONROE COUNTY,FLORIDA MINOR CONDITIONAL USE PERMIT DEVELOPMENT ORDER NO. 01-10 A DEVELOPMENT ORDER APPROVING THE REQUEST BY ZAMINDARI INVESTMENTS FOR A MINOR CONDITIONAL USE PERMIT IN ORDER TO CONSTRUCT A FACILITY TO BE KNOWN AS AQUA RANCH, THAT CONSISTS OF A TOTAL OF 2,400 SQUARE FEET OF LOW-INTENSITY COMMERCIAL RETAII./INSTITUTIONAL NON-RESIDENTIAL FLOOR AREA AT PROPERTY LEGALLY DESCRIBED AS A PORTION OF GOVERNMENT LOT 1 IN SECTION 34,TOWNSHIP 64 SOUTH, RANGE 35 EAST AND OF GOVERNMENT LOT 1 IN SECTION 33, TOWNSHIP 64 SOUTH, RANGE 35 EAST, LONG KEY, MONROE COUNTY, FLORIDA AND HAVING REAL ESTATE NUMBERS 00098530.000200&00098530.000700. WHEREAS,during regularly scheduled meetings held on November 3, 2009 and March 9, 2010, the Development Review Committee of Monroe County conducted a review and consideration of the request by Charles Berra, on behalf of Zamindari Investments, for a minor conditional use permit pursuant to §110-69 and§130-94 of the Monroe County Code; and WHEREAS, the subject property is a parcel on the Overseas Highway (US 1) at approximate mile marker 69 and is legally described as a portion of government lot 1 in Section 34, Township 64 South, Range 35 East and of government lot 1 in Section 33, Township 64 South, Range 35 East on Long Key, Monroe County, Florida, having real estate numbers 00098530.000200&00098530.000700; and WHEREAS, the development involves the construction of a 1,760 ft2 tent structure, a 320 ftz gift shop structure, a 320 ftz office structure with bathroom facilities and associated site improvements; and WHEREAS, the Development Review Committee and Director of Planning & Environmental Resources reviewed the following documents and other information relevant to the request: 1. Minor Conditional Use Permit application received by the Monroe County Planning &Environmental Resources Department on August 28,2009;and Development Order No.01-10 Page 1 of 6 File No.29082 DoeN 193747 Bkp 2634 PqN 462 2. Site Plan Phase I: Preconstruction (A101) by Chris Liddle Architect, dated January 12,2010 and last revised February 8,2010, and A X 3. Site Plan Phase II: Site Construction(A102)by Chris Liddle Architect,dated January 12,2010 and last revised February 8,2010; and a 4. Site Plan Phase III: Construction(A103)by Chris Liddle Architect, dated January 12, 4, 2010 and last revised February 8,2010; and is 5. Site Plan Phase IV: Operation (A104) by Chris Liddle Architect, dated January 12, 2010 and last revised April 8,2010, and 6. Letter of Understanding from Townley Schwab, Senior Director of Planning and Environmental Resources,dated May 27,2009; and 7. Staff report prepared by Bill Harbert, Monroe County Planner, and Janis Vaseris, Biologist,dated November 3,2009;and 8. Staff report prepared by Bill Harbert, Monroe County Planner and Mike Roberts, Senior Administrator of Environmental Resources,dated March 8,2010; and WHEREAS, based upon the information and documentation submitted, the Director of Planning&Environmental Resources made the following Findings of Fact: 1. The subject property is located partially in a Suburban Residential (SR) District and partially in a Native Area(NA)District;and 2. The area to be developed is located entirely within the Suburban Residential (SR) District; and 3. The subject property is partially designated within Future Land Use Map (FLUM) category of Residential Low (RL) and partially designated with FLUM category of Residential Conservation(RC); and 4. The area to be developed is located entirely within area with a Residential Low (RL) FLUM designation; and 5. The subject property has a tier designation of Tier 1; and 6. Developments shall be consistent with the provisions and intent of the Monroe County Year 2010 Comprehensive Plan and Monroe County Code; and 7. Pursuant to §130-94 of the Monroe County Code, in the Suburban Residential (SR) District, commercial retail of low and medium-intensity or office uses or any combination thereof of less than 2,50082 of floor area and institutional uses may be permitted following the receipt of a minor conditional use permit; and 8. Pursuant to §110-69 of the Monroe County Code, the Director of Planning & Environmental Resources is authorized to approve application for minor conditional use permits in accordance with the standards provided in §110-67; and 9. §110-67 of the Monroe County Code provides the standards which are applicable to all conditional uses. When considering applications for a conditional use permit,the Director of Planning&Environmental Resources shall consider the extent to which: Development Order No.01-10 Page 2 of 6 File No.29082 DocU 1.937474 Bkq 2634 P9N 463 a. The conditional use is consistent with the purposes, goals, objectives and standards of the Monroe County Year 2010 Comprehensive Plan and Monroe 0 CP County Code; and a an b. The conditional use is consistent with the community character of the immediate to a a vicinity of the parcel proposed for development; and c. The design of the proposed development minimizes adverse effects, including m visual impacts,of the proposed use on adjacent properties; and a d. The proposed use will have an adverse effect on the value of surrounding properties; and N e. The adequacy of public facilities and services, including but not limited to roadways, park facilities, police and fire protection, hospital and Medicare services, disaster preparedness program, drainage systems, refuse disposal, water and sewers,judged according to standards from and specifically modified by the public facilities capital improvements adopted in the annual report required by the Monroe County Code;and f. The applicant for conditional use approval has the financial and technical capacity to complete the development as proposed and has made adequate legal provision to guarantee the provision and development of any open space and other improvements associated with the proposed development; and g. The development will adversely affect a known archaeological, historical or cultural resource; and h. Public access to public beaches and other waterfront areas is preserved as a part of the proposed development; and i. The proposed use complies with all additional standards imposed on it by the particular provision of this chapter authorizing such use and by all other applicable requirements of the Monroe County Code; and\ 10.Developments requiring a minor conditional use permit shall be consistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; and WHEREAS, the Director of Planning & Environmental Resources made the following Conclusions of Law: 1. The development shall be consistent with the provisions and intent of the Monroe County Year 2010 Comprehensive Plan: a. The development is consistent with the purpose of the Residential Low (RL) future land use category, as set forth in Policy 101.4.2; and 2. The development shall be consistent with the provisions and intent of the land development regulations of the Monroe County Code: a. The development is consistent with the purpose of the Suburban Residential(SR) District, as set forth in§130-44 of the Monroe County Code; and b. The land uses of the development are permitted uses in the Suburban Residential (SR)District, as set forth in§130-94 of the Monroe County Code; and Development Order No.01-10 Page 3 of 6 File No.29082 Doca 1937474 Ska 2634 P9a 464� c. Following the execution of the provided conditions, the development shall meet all of the standards for a conditional use permit as set forth in §110-67 of the m Monroe County Code;and N s ar 3. The proposed development is not inconsistent with any of the Principles for Guiding r s Development in the Florida Keys Area of Critical State Concern;and m � a WHEREAS, at the November 3, 2009 DRC meeting, staff discussed several issues with the applicant regarding the proposed site plan's non-compliance with the land development code. w It was agreed by staff and the applicant that the issues were significant and that a revised site plan needed to be submitted. It was also agreed that the DRC should review said site plan at a later meeting; and WHEREAS, at the March 9, 2010 DRC meeting, following a staff recommendation, the Director of Planning & Environmental Resources applied the following conditions to be met prior to the issuance of any development order approving the minor conditional use permit: a. Prior to the issuance of a development order, the county's traffic consultant must approve the findings of the traffic study submitted in the application. b. Prior to the issuance of a development order, the applicant shall modify the plans to show a Class E major street buffer along the US 1 property line. WHEREAS, to satisfy the condition"Prior to the issuance of a Development Order, the county's traffic consultant must approve the findings of the letter concerning traffic that was submitted by the applicant", staff received an e-mail from Raj Shanmugam, URS Corporation, the county's traffic consultant,dated March 10,2010,approving the findings; and WHEREAS, to satisfy the condition "Prior to the issuance of a development order, the applicant shall modify the plans to show a Class E major street buffer along the US 1 property line.", staff received a revised site plan on April 15,2010 dated January 12,2010 and last revised April 8,2010 that indicates a Class E major street buffer along the US 1 property line; and WHEREAS, the applicant has indicated an interest in adding an aqua culture use to the site at a later date. Pursuant to §130-94 of the Monroe County Code, agriculture/aqua culture uses require a major conditional use permit. In the event the applicant decides to establish such a use on the subject property, the applicant must first apply for and receive major conditional use permit approval from the planning commission; and WHEREAS, the Director of Planning &Environmental Resources has duly considered the recommendation of staff and the information and documentation submitted by the applicant; and WHEREAS,the record established, the testimonies offered, and the evidence submitted, support the Findings of Fact and Conclusions of Law adopted; and Development Order No.01-10 Page 4 of 6 File No.29082 DacN 1937474 Blot 2634 Pgp 465 NOW THEREFORE,BE IT RESOLVED BY THE DIRECTOR OF PLANNING& ENVIRONMENTAL RESOURCES OF MONROE COUNTY, FLORIDA that the request for a Minor Conditional Use Permit is hereby APPROVED, subject to the following conditions: 1. Prior to the submittal issuance of a building permit, the applicant shall coordinate with the Senior Administrator of Environmental Resources concerning the US 1 buffer yard species composition and layout and receive the administrator's conceptual approval of the landscaping plan. 2. Prior to the issuance of a building permit(s), the applicant shall provide a letter of coordination from the Florida Department of Health and if necessary the Florida Department of Environmental Protection concerning wastewater treatment. 3. Prior to the issuance of a building permit(s) for permanent structure(s), the applicant shall receive all required NROGO allocation(s) for the proposed square footage (2,400 R2). 4. Prior to the issuance of a building permit,the proposed development shall be found in compliance by the Monroe County Building Department, the Monroe County Floodplain Administrator, the Monroe County Public Works Division and the Monroe County Office of the Fire Marshal. 5. Prior to the issuance of a building permit,the applicant shall provide a letter from the Florida Department of Transportation approving the access drive. 6. Prior to the issuance of a building permit, if determined necessary by the Public Works Division, the applicant shall provide a letter of coordination concerning surface water management from the South Florida Water Management District concerning surface water management. Daep 1804365 Bkp 2481 Pgp 2244 Date To ey ch ab, Senior Dir or of Planning&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 Townsley Schwab,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 11 day of 2010. �I Development Order No.01-10 Page 5 of 6 File No.29082 BacN 1937474 BkN 2634 PgN 466 N ARY PUBLIC,STATE OF FLORIDA REFERENCE: In the event that this development order constitutes an amendment, extension, variation, or alteration of a previous conditional use permit, that document may be referenced by the following DocN 1804365 BIta 2481 PgN 2243 NOTICE Section 110-72(a) of the Monroe County Code states that a conditional use permit shall not be transferred to a successive owner without notification to the Planning Director 15 days of the transfer. Pursuant to Section 110-73(a)(2) of the Monroe County Code, all required building permits and certificates of occupancy shall be procured within three (3) years of the date on which the minor conditional use approval is recorded and filed in the official records of Monroe County, or the minor conditional use approval shall become null and void with no further action required by the county. Approval time frames do not change with successive owners. Extensions of time to a minor conditional use approval may be granted only by the Planning Director for periods not to exceed one (1) year. Applications for extensions shall be made prior to the expiration dates. Extensions to expired minor conditional use approvals shall be accomplished only by re- application for the minor conditional uses. When a hearing officer has ordered a conditional use approval initially denied by the Planning Director, the Planning Director shall nonetheless have the authority to grant or deny a time extension under this section.If the Planning Director denies a time extension, the holder of the conditional use may request an appeal of that decision under chapter 102, article VI,division 2 by filing the notice required by that article within 30 days of the written denial of the Planning Director. This instrument shall not take effect for 30 days following the date in which the document is signed by the Planning Director. During these 30 days, this instrument shall be subject to appeal as provided in Section 102-185 of the Monroe County Code. Such an appeal stays the effectiveness of this instrument until the appeal is resolved by agreement or order. In addition, please be advised that pursuant to Chapter 9J-1, Florida Administrative Code, this instrument shall not take effect for 45 days following the rendition of the Florida Department of Community Affairs. During these 45 days, the Florida Department of Community Affairs may appeal this instrument to the Florida Land and Water Adjudicatory Commission. Such an appeal stays the effectiveness of this instrument until the appeal is resolved by agreement or order. If this development order is appealed under Monroe County Code or by the Florida Department of Community Affairs,the above time limits shall be tolled until the appeals are resolved. Development Order No.01-10 Page 6 of 6 File No.29082 MONROE COUNTY OFFICIAL RECORDS County of Monroe Growth Management Division Plannlna&Environmental Reaoarcea Devartmrat Mayor George Neu 2798 Overseas Highway,Suite 410 r Mayor Pro Tan Heather Carruthers,Dist 3 Marathon,FL 33030 Darmy Kolhage,Dist 1 Voice: (305)289-2500 „ David Rice,Dist 4 FAX: (305)289-2536 Sylvia I Murphy,Dist 5 May 8,2013 Doeq 1937474 13kp 2634 Pgp 467 Paul Patterson P.O.Box 1207 Key West,FL 33042 Subject: Minor Deviation to the Minor Conditional Use Permit approved by Development Order#01-10 69001 Overseas Highway, Long Key, Real Estate Numbers 00098530.000700& 00098530.000200 Mr.Patterson, The Planning dt Environmental Resources Department has approved your request for a minor deviation to the minor conditional use permit memoralized by Development Order#01-10. The Department has determined that the application complies with the requirements and standards set forth in the Monroe County Code. The minor deviation would allow the changes shown the revised site plan by Azimuth Technical Consultants,Inc.dated June 15,2012. The following conditions apply to the minor deviation approval: I. All conditions and provisions set forth in Development Order#01-10 shall be met. 2. Any additional revisions to the site plan or future improvements to the property are subject to further review as a deviation or as an amendment to the minor conditional use permit approval provided under Development Order#01-10. 3. The Fire Marshal's Office and the Building Department have not reviewed this minor deviation to a conditional use permit application. The applicant shall meet any additional requirements required by the Fire Marshal and the Building Official prior to the issuance of any building permit. 4. Unless the timeframe of Development Order#01-10 is extended,the scope of work shall be completed and receive all necessary certificates of occupancy and completion by September 3,2013. Page 1 of 2(File#2012-102) 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. Respectfully, Doe# 1.937474 Bk# 2634 P0# 469 Townsley ch� Senior Director of Planning&Environmental Resources Page 2 of 2(File#2012-102) m pRonff Rnewu7.o. 69001 OVERSEAS HIGHWAY RAN 00999370-00o399 AND R30 0009"70400700 LONG KEY,FLORIDA 33001 sy N glib I - I i Q 11f111 . !!11llPP!! ....u.YJ.MMWAT 81 N 3oY3'09'■97!r 8 no = g$$ 33TBAo[ a rrr ... w ° TOP ovBANK 19 g: P4 _ '" $ Ix X. rg m 4 v a SHEET mLe: PWmuth Technlesl Consukents,Inc. CA SITE PLAN/PROTECT 69001 OVERSEAS HWY 33V„uuwa, E F INFORMATION S.9.Ne.f 1W.FL 33o{3 LONG KEY, L 33001 (305)94"110 Ro93RT F.Baov^9.3.90344 �, s Doco 1937474 06/17/2013 11:290M Filed & Recorded in Official Records of MONROE COUNTY AMY HEAVILIN DacH 937474P9N acp 180436!5 461•� 1 �ae O-acp 180436!5 09/03/2010 10:40AM O 810 2481 65 2240 M13NROE COUNTY d DANNY in 1L. KOLHAGE cial Records of MONROE COUNTY,FLORIDA a on Zan MINOR CONDITIONAL USE PERMIT a =a32 DEVELOPMENT ORDER NO. 01-10 Mmw m �� mA A DEVELOPMENT ORDER APPROVING THE REQUEST BY o cwo 0000 -jQw ZAMINDARI INVESTMENTS FOR A MINOR CONDITIONAL USE PERMIT IN ORDER TO CONSTRUCT A FACILITY TO BEoul 3'm KNOWN AS AQUA RANCH, THAT CONSISTS OF A TOTAL j"I, mo m OF 2,400 SQUARE FEET OF LOW-INTENSITY COMMERCIAL <a w RETAIL/INSTITUTIONAL NON-RESIDENTIAL FLOOR AREA AT PROPERTY LEGALLY DESCRIBED AS A PORTION OF �A GOVERNMENT LOT 1 IN SECTION 34,TOWNSHIP 64 SOUTH, 019 RANGE 35 EAST AND OF GOVERNMENT LOT 1 IN SECTION N a 33, TOWNSHIP 64 SOUTH, RANGE 35 EAST, LONG KEY, 3 MONROE COUNTY, FLORIDA AND HAVING REAL ESTATE �f` NUMBERS 00098530.000200&00098530.000700. WHEREAS,during regularly scheduled meetings held on November 3, 2009 and March 9, 2010, the Development Review Committee of Monroe County conducted a review and consideration of the request by Charles Berra, on behalf of Zamindari Investments, for a minor conditional use permit pursuant to §110-69 and §130-94 of the Monroe County Code; and WHEREAS, the subject property is a parcel on the Overseas Highway (US 1) at approximate mile marker 69 and is legally described as a portion of government lot 1 in Section 34, Township 64 South, Range 35 East and of government lot 1 in Section 33, Township 64 South, Range 35 East on Long Key, Monroe County, Florida, having real estate numbers 00098530.000200 &00098530.000700; and WHEREAS, the development involves the construction of a 1,760 ft2 tent structure, a 320 ft2 gift shop structure, a 320 ftz office structure with bathroom facilities and associated site improvements; and WHEREAS, the Development Review Committee and Director of Planning & Environmental Resources reviewed the following documents and other information relevant to the request: 1. Minor Conditional Use Permit application received by the Monroe County Planning &Environmental Resources Department on August 28,2009; and Development Order No.01-10 Page 1 of 6 File No.29082 Doca 1937474 Bkp 2634 Pgp 462 2. Site Plan Phase I: Preconstruction (A101) by Chris Liddle Architect, dated January 12, 2010 and last revised February 8,2010; and a n 3. Site Plan Phase II: Site Construction(A102)by Chris Liddle Architect,dated January 12,2010 and last revised February 8,2010; and 4. Site Plan Phase III: Construction(A103)by Chris Liddle Architect, dated January 12, 2010 and last revised February 8, 2010; and a 5. Site Plan Phase IV: Operation (A104) by Chris Liddle Architect, dated January 12, ^, 2010 and last revised April 8, 2010; and 6. Letter of Understanding from Townsley Schwab, Senior Director of Planning and Environmental Resources,dated May 27,2009; and 7. Staff report prepared by Bill Harbert, Monroe County Planner, and Janis Vaseris, Biologist, dated November 3,2009; and 8. Staff report prepared by Bill Harbert, Monroe County Planner and Mike Roberts, Senior Administrator of Environmental Resources, dated March 8,2010; and WHEREAS, based upon the information and documentation submitted, the Director of Planning&Environmental Resources made the following Findings of Fact: 0o v Wo 1. The subject property is located partially in a Suburban Residential (SR) District and Nn partially in a Native Area(NA)District; and 01 r Wp 2. The area to be developed is located entirely within the Suburban Residential (SR) vw District; and a u, 3. The subject property is partially designated within Future Land Use Map (FLUM) category of Residential Low (RL) and partially designated with FLUM category of Residential Conservation(RC); and 4. The area to be developed is located entirely within area with a Residential Low (RL) FLUM designation; and 5. The subject property has a tier designation of Tier 1; and 6. Developments shall be consistent with the provisions and intent of the Monroe County Year 2010 Comprehensive Plan and Monroe County Code; and 7. Pursuant to §130-94 of the Monroe County Code, in the Suburban Residential (SR) District, commercial retail of low and medium-intensity or office uses or any combination thereof of less than 2,50OR2 of floor area and institutional uses may be permitted following the receipt of a minor conditional use permit; and 8. Pursuant to §110-69 of the Monroe County Code, the Director of Planning & Environmental Resources is authorized to approve applications for minor conditional use permits in accordance with the standards provided in §110-67; and 9. §110-67 of the Monroe County Code provides the standards which are applicable to all conditional uses. When considering applications for a conditional use permit, the Director of Planning&Environmental Resources shall consider the extent to which: Development Order No.01-10 Page 2 of 6 File No.29082 poop 1937474 Bkq 2634 PgU 463 a. The conditional use is consistent with the purposes, goals, objectives and standards of the Monroe County Year 2010 Comprehensive Plan and Monroe County Code; and to a b. The conditional use is consistent with the community character of the immediate a W vicinity of the parcel proposed for development; and ~w c. The design of the proposed development minimizes adverse effects, including Vo visual impacts, of the proposed use on adjacent properties; and n d. The proposed use will have an adverse effect on the value of surrounding properties; and N e. The adequacy of public facilities and services, including but not limited to roadways, park facilities, police and fire protection, hospital and Medicare services, disaster preparedness program, drainage systems, refuse disposal, water and sewers,judged according to standards from and specifically modified by the public facilities capital improvements adopted in the annual report required by the Monroe County Code; and f. The applicant for conditional use approval has the financial and technical capacity to complete the development as proposed and has made adequate legal provision to guarantee the provision and development of any open space and other improvements associated with the proposed development; and g. The development will adversely affect a known archaeological, historical or Na cultural resource; and A o h. Public access to public beaches and other waterfront areas is preserved as a part of °D OD the proposed development; and o i. The proposed use complies with all additional standards imposed on it by the particular provision of this chapter authorizing such use and by all other o applicable requirements of the Monroe County Code; and\ 10.Developments requiring a minor conditional use permit shall be consistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; and WHEREAS, the Director of Planning & Environmental Resources made the following Conclusions of Law: 1. The development shall be consistent with the provisions and intent of the Monroe County Year 2010 Comprehensive Plan: a. The development is consistent with the purpose of the Residential Low (RL) future land use category, as set forth in Policy 101.4.2; and 2. The development shall be consistent with the provisions and intent of the land development regulations of the Monroe County Code: a. The development is consistent with the purpose of the Suburban Residential (SR) District, as set forth in §130-44 of the Monroe County Code; and b. The land uses of the development are permitted uses in the Suburban Residential (SR)District, as set forth in§130-94 of the Monroe County Code; and Development Order No.01-10 Page 3 of 6 File No.29082 Doeq 1937474 Bkq 2634 Pgq 464 c. Following the execution of the provided conditions, the development shall meet all of the standards for a conditional use permit as set forth in §110-67 of the a Monroe County Code; and n 3. The proposed development is not inconsistent with any of the Principles for Guiding 100- Development in the Florida Keys Area of Critical State Concern; and to WHEREAS, at the November 3, 2009 DRC meeting, staff discussed several issues with N the applicant regarding the proposed site plan's non-compliance with the land development code. W,, It was agreed by staff and the applicant that the issues were significant and that a revised site plan needed to be submitted. It was also agreed that the DRC should review said site plan at a later meeting; and WHEREAS, at the March 9, 2010 DRC meeting, following a staff recommendation, the Director of Planning & Environmental Resources applied the following conditions to be met prior to the issuance of any development order approving the minor conditional use permit: a. Prior to the issuance of a development order, the county's traffic consultant must a a approve the findings of the traffic study submitted in the application. o 3 b. Prior to the issuance of a development order, the applicant shall modify the plans SbSh W to show a Class E major street buffer along the US 1 property line. v 4 in a WHEREAS, to satisfy the condition"Prior to the issuance of a Development Order, the county's traffic consultant must approve the findings of the letter concerning traffic that was a submitted by the applicant", staff received an e-mail from Raj Shanmugam, URS Corporation, the county's traffic consultant,dated March 10,2010, approving the findings; and WHEREAS, to satisfy the condition "Prior to the issuance of a development order, the applicant shall modify the plans to show a Class E major street buffer along the US 1 property line.", staff received a revised site plan on April 15, 2010 dated January 12, 2010 and last revised April 8,2010 that indicates a Class E major street buffer along the US 1 property line; and WHEREAS, the applicant has indicated an interest in adding an aqua culture use to the site at a later date. Pursuant to §130-94 of the Monroe County Code, agriculture/aqua culture uses require a major conditional use permit. In the event the applicant decides to establish such a use on the subject property, the applicant must first apply for and receive major conditional use permit approval from the planning commission; and WHEREAS, the Director of Planning & Environmental Resources has duly considered the recommendation of staff and the information and documentation submitted by the applicant; and WHEREAS,the record established, the testimonies offered, and the evidence submitted, support the Findings of Fact and Conclusions of Law adopted; and Development Order No.01-10 Page 4 of 6 File No.29082 Doc" 1937474 Bka 2634 Pgp 465 No ae OF NOW THEREFORE,BE IT RESOLVED BY COUNTY, FLORIDA thatTHE DIRECTOR the request °o ENVIRONMENTAL RESOURCES OF MOLARO for a Minor Conditional to the following conditions: Use Permit is hereby APPROVED, subject o W 1. Prior to the submittal issuance of a building permit, the applicant shall coordinate m with the Senior Administrator of Environmental Resources concerning the US 1 buffer yard species composition and layout and receive the administrator's conceptual approval of the landscaping plan. 2. Prior to the issuance of a building permit(s), the applicant shall provide a letter of coordination from the Florida Department of Health and if necessary the Florida Department of Environmental Protection concerning wastewater treatment. 3. Prior to the issuance of a building permit(s) for permanent structure(s), the applicant shall receive all required NROGO allocation(s) for the proposed square footage (2,400 R2). 4. Prior to the issuance of a building permit,the proposed development shall be found in compliance by the Monroe County Building Department, the Monroe County Floodplain Administrator, the Monroe County Public Works Division and the Monroe County Office of the Fire Marshal. 5. Prior to the issuance of a building permit, the applicant shall provide a letter from the Florida Department of Transportation approving the access drive. 6. Prior to the issuance of a building permit, if determined necessary by the Public Works Division, the applicant shall provide a letter of coordination concerning he South Florida Water Management District surface water management from t concerning surface water management. 0,3ea 1804365 Bicp 2461 Pgp 2244 Date - To ey ch ab, Senior Dire or of Planning&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 Townsley Schwab,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. 64 ITNESS my hand and official seal in the County and State last aforesaid this y day of , 2010. t Page 5 of 6 Development Order No.01-10 File No.29082 Doaa 1937474 Y11YRAntAMO� Bka 2634 Pga 466 I.ft of Nag d pww o.rrr�r�w NOrARY PUBLIC, STATE OF FLORIDA REFERENCE: In the event that this development order constitutes an amendment, extension, variation, or alteration of a previous conditional use permit, that document may be referenced by the following D,3ea 1804365 B10 2461 Pga 2245 NOTICE Section 110-72(a) of the Monroe County Code states that a conditional use permit shall not be transferred to a successive owner without notification to the Planning Director 15 days of the o transfer. n N a . m Pursuant to Section 110-73(a)(2) of the Monroe County Code, all required building permits and certificates of occupancy shall be procured within three (3) years of the date on which the minor w conditional use approval is recorded and filed in the official records of Monroe County, or the minor conditional use approval shall become null and void with no further action required by the county. Approval time frames do not change with successive owners. Extensions of time to a minor conditional use approval may be granted only by the Planning Director for periods not to exceed one ( ) Year.1 Applications for extensions shall be made prior to the expiration dates. PP Extensions to expired minor conditional use approvals shall be accomplished only by re- application for the minor conditional uses. When a hearing officer has ordered a conditional use approval initially denied by the Planning Director, the Planning Director shall nonetheless have the authority to grant or deny a time extension under this section. If the Planning Director denies a time extension, the holder of the conditional use may request an appeal of that decision under chapter 102, article VI, division 2 by filing the notice required by that article within 30 days of the written denial of the Planning Director. This instrument shall not take effect for 30 days following the date in which the document is signed by the Planning Director. During these 30 days, this instrument shall be subject to appeal as provided in Section 102-185 of the Monroe County Code. Such an appeal stays the effectiveness of this instrument until the appeal is resolved by agreement or order. In addition, please be advised that pursuant to Chapter 9J-1, Florida Administrative Code, this instrument shall not take effect for 45 days following the rendition of the Florida Department of Community Affairs. During these 45 days, the Florida Department of Community Affairs may appeal this instrument to the Florida Land and Water Adjudicatory Commission. Such an appeal stays the effectiveness of this instrument until the appeal is resolved by agreement or order. If this development order is appealed under Monroe County Code or by the Florida Department of Community Affairs,the above time limits shall be tolled until the appeals are resolved. Development Order No.01-10 Page 6 of 6 File No.29082 MONROE COUNTY (1=FICIAL RECORDS County of Monroe Growth Management Division PlonnIpA&Enytrolimental Regources im Board of County Commissioners Department Mayor George Neugent,Dist 2 2798 Overseas Highway,Suite 410 Mayor Pro Tem Heather Carruthers,Dist 3 Marathon,FL 33050 Danny Kolhage,Dist. I Voice: (305)289-2500 David Rice,Dist 4 FAX: (305)289-2536 Sylvia J.Murphy,Dist 5 May 8,2013 Bkp6263474P9N 467 Paul Patterson P.O.Box 1207 Key West,FL 33042 W o Ua Subject: Minor Deviation to the Minor Conditional Use Permit approved by Cps -& Order#01-10 p0 0 69001 Overseas Highway, Long Key, Real Estate Numbers 00098530.000700 & 00098530.000200 s o+ a Mr. Patterson, N The Planning & Environmental Resources Department has approved your request for a minor deviation to the minor conditional use permit memoralized by Development Order#01-10. The Department has determined that the application complies with the requirements and standards set forth in the Monroe County Code. The minor deviation would allow the changes shown the revised site plan by Azimuth Technical Consultants,Inc. dated June 15,2012. The following conditions apply to the minor deviation approval: 1. All conditions and provisions set forth in Development Order#01-10 shall be met. 2. Any additional revisions to the site plan or future improvements to the property are subject to further review as a deviation or as an amendment to the minor conditional use permit approval provided under Development Order#01-10. 3. The Fire Marshal's Office and the Building Department have not reviewed this minor deviation to a conditional use permit application. The applicant shall meet any additional requirements required by the Fire Marshal and the Building Official prior to the issuance of any building permit. 4. Unless the timeframe of Development Order#01-10 is extended,the scope of work shall be completed and receive all necessary certificates of occupancy and completion by September 3,2013. Page 1 of 2(File 02012-102) 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. Respectfully, 1937474 g Pgp 468 �� Townsley ch,7 Senior Director of Planning&Environmental Resources Docq 1948739 BkN 2648 Pgp 603 Page 2 of 2(File#2012-102) m a PR°ItR INN]IYUTtRN 69001 OVERSEAS HIGHWAY no a RE*ARosas3o-lomoo AND RE*000ss330-000xo LONG KEY,FLORIDA 33001 w((D b(A n4 $ pyy z . a' ix! 1 ° a ° $CZ , M offiCyZ� �" $ o ' o g x g a p ; ? _ M o S zgx M " F maw cg z z� Q '_ ° G x1 4 OR E a U.S.N10NWAV 81 88 i i 00 ! o — a A OD �qgg i b I G I mo: O)A o I �Ta 4 psi-Big p I o w <wA Z. ° N50Y5'AO'l97S'♦/r a�yy��p fi Ir a� i N 8n00,1 3l7RACRI b • 3:1 iN 1 ` I r -rap or MARKHilti „ i• zo s " �.., F on z ii re y 6 0_ 00 °i o 2. SS - v 7N 32 e � ' f/1 I SEEZ TITLE- Azlmuth Technical Consultants,Inc. _ ! n SITE PLAN/PROJECT 69001 OVERSEAS HWY u 0U"W& T 33 rlopt an Wry r 3304 INFORMATION LONG KEY, FL 33001 3u!'(05)9:,P1 0 wstsu�llo RORERT P.RROWN.P.!A 003" 03 a DocN 1948739 Bk# 2648 P90 605 County of Monroe Growth Management Division Planning&Environmental Resources • Board of County Commissioners Department Mayor George Neugent,Dist.2 2798 Overseas Highway,Suite 410 Mayor Pro Tem Heather Carruthers,Dist 3 Marathon,FL 33050 Danny Kolhage,Dist 1 Voice: (305)289-2500 David Rice,Dist 4 FAX: (305)289-2536 Sylvia I Murphy,Dist.5 August 30,2013 Charles Barra PO Box 779 Long Key,FL 33001 SUBJECT: Monroe County Development Order#O1-10 Time Extension Request,Real Estate(RE)#00098530.000200&#00098530.000700 Mr.Barra, This letter is in response to your application for a time extension to the project approved by Development Order#01-10. The subject property is legally described as a portion of government lot 1 in Section 34, Township 64 South, Range 35 East and of government lot 1 in Section 33, Township 64 South, Range 35 East on Long Key, Monroe County, Florida. It is currently assessed by the Monroe County Property Appraiser as RE#00098530.000200 and 00098530.000700. A minor conditional use permit was issued to allow the establishment of a low-intensity commercial retail and institutional use on the property, to be known as Aqua Ranch. The approval was memorialized in Development Order #01-10, signed by the Senior Director of Planning & Environmental Resources on May 4, 2010 and, following it passage of appeal periods, recorded in the official records of the Monroe County Clerk on September 3, 2010. A minor deviation to the approved site plan was issued on May 8,2013. Pursuant to Monroe County Code §110-73,the conditional use permit is effective for three years from the date on which the conditional use permit is recorded and filed in the official records of Monroe County. Therefore,the expiration date of the minor conditional use permit is September 3,2013. Pursuant to §110-73(a)(2)of the Monroe County Code,extensions of time to a minor conditional use approval may be granted only by the Director of Planning & Environmental Resources for periods not to exceed one (1) year. Staff has reviewed your request and found that it was submitted on time and in accordance with the current provisions of§110-73(a)(2). Staff has also reviewed the time extension application and found valid reasoning for the county to provide Page 1 of 2(File#2013-108) DocH 1948739 Bkp 2648 PgN 606 relief by extending the expiration date of Development Order #01-10. However, based on the limited progress of the development since its approval and the urgency to resolve longstanding code violations, the expiration date is extended only by an additional six months to March 3, 2014. If additional adequate progress is made by March 3, 2014, and additional time is required, the Planning&Environmental Resources Department shall consider an additional time extension of six months at that time(to September 3,2014-a total of one year from September 3,2013). I 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 yours Townsley Schwab,Director of Planning&Environmental Resources Page 2 of 2(File#2013-108) MONROE COUNTY OFFICIAL RECORDS 01 File Edit ActloM Ddak links Hey Case Irdormation, — � Case Number ICEMM149 Origination 6-E-WAIL °" RE �gg�00Q20D Board EMMAGISqWfE " ^� Address 1 OVERSEAS HIGHWAY Total Fines I 270400.000W _ ... _�.. .., n _.... Ordinance Dab Ordered Comply By /" Fine Start Daily Pure S unt Paid Amount„„11111'0 627. a 07130/2009 3910112m 250.00000 a.OB FAO 99 i ! Fine Details..... ... ..... .... . .... ...... ....... ....... ..........m Suspended Days _ . .. DOrdnancdde 1 1 r� Comply By 8�/d1R009 p Continuous J) strap a".Datp ... _ t ift Fine Stag ;; Daily Fine 100A0000 Number of Days 1639 Suspended Days 0 CurrenlFne 163900.00 ComptiedData Settle Amount �— 0.00 Settle Date a AmountPaid 0.00 Date Paid , 6 -213 yt � w - � �« . ..... Ski-�pend Gray b DoeN 1961620 22/16/2013 4:00PN Bff0ENECOM000EBWDRCENEUTB KKVA6U1MTE Filed & Recorded In Official Records of aoRBDEcouxrY,ttoRBu► MONROE COUNTY ANY HEAVILIN MONROE COUNAY FLORIDA. � jog Pdflmm, ) Cw No.CE ) Ya. ) mod Pre"Red soft Nnaeher ZILI�t�llYlttl )iUUM5 —(MALM ejo�V i-w AWD~VON j DI 175=4 eB/84/Z800 grill Q ND) Filed A Reaorded in Official Records of K t�Wi Li. ) IWOE COUNTY DWW L. KWJM 1 Dees 1751 FINAL 0 RN 2425 Poll 1004 Havbng Y anddered Aw rAdm=p umlW d IearMO.hr Wft to bnony of Me Code E*Ummd k pKbKs)adlm wlhrwea order odd,the A Flndhrgs dFad ad Carrdusbroro d Law m aAOEii®: lf2'.�GS %69"W., JAbq.u_ pedard Ihs v at ) Ma�e d VIsI�arNofira d F�r6rg wlddr Ie Inoo�porded as ph8y w!fm0< < Rd ( )The Raporderd(s)Was Bm aw w(a)d p.o"Iy Wcdod wft Mmuoe County end wmhmm ddy nothsd d Me hearing.The ReWein(e)Wm m vic1don d on Mmnw C mdy Cede(e)m f*and bM b the Ndm cf Vbk1mrNWm d Haabg Red 1n ft rmoe and praamnt b Sedlan IBM d Plaids SbOdm mob le m amend m he ddWnhrad d the emx* I d Bds me m haeby bvbd fen dm ab*dd a mcavary d Are ode d pmdecaAng ad knodigaft fhb mallet.CNN WE ome=to mus md,amnpgw=Is b ad�fe ebeed. FmBemmm.8a RaWanddtd(s)*Aoampfy whh Bw 0m*)mfawd In In dw NOM d VbldWi dm otHea ft em or felm 4 iQ!2 (qW COMPLIANCE DATE"). ( )in Me ewd the vbidOn(s)wom or wo cat oorme0ed on THE COMPLIANCE DATE PREVLOUBLY ORDERED or an THE COMPLIANCE DATE SET FORTH HT3m Arms)b Ifs mrm qt `` �` n-�1 ) �dQ Dom 1961620 BkN 2663 PgN 856 car mth day b*ut on THE OAY AM THE COMPLIANCE DATE Bret the Reopordentte)bias In vWdmn Was hereby ORDERED. ( )e one taro fbe d i m ORDERED,end the ca mMia n tmuab8 the vbbft(s)is fored to ptsedd a d"to the pAft Laasr,sabty and waBm.a Is btwt mixed.Bret the Cm*Is bsmby wMadmed to make dl repah which m regdred m brmp Are pmpsfy Men asnpAoese end niaaps Ae rsspcadanCs)vdllt cad d mpeha hdudhrp aAw maovay d Ar ooab d Pam aid ftwed aArp ft Hadar. ( )The Rsepmderd(e)tshm ached m dbrd s oompnevlew Imahlg m be lreld ca 20_ IT IS THE RESWEWffil KRONSWAM TO REQWW A REINBPSMON TO 0171001011 WNETNER THE PROPIRAY 18 COMPLIANT BY CALLING CODE ElrFMMWAT=40MpagyalipPERKEMOMMA41NOTORIVEMIDDLE ADB M4140 FOL TW MER NIn b iha Bred d noepdywf d tiros end ewb Imposed on Rppsnded(e),a eeNBed eopy d Ws Order may ha mcaMsd In the Pdb teoeds and dreU l m.dtm cogigWas pen sgdrot the land an which dm vMWm or vlobeoro odst and upon ssy dhsr mM m pawl 100"owrrsd by Uu vldsbr. The Comrq mq bmUbb fomdmare prewdbgs R We Liar mmabs uopsld ten Was madhs.Plow Halm chedm paydebh to"me Coady Code Edormemnd and nail me Momoe Comfy Code En a, 1.Aft OBae dthe Lldsm ETBB Owew Hwy,80b M.MaaOmn,FL 33M. I )The Respantimd(a)was In vWdorr of the MONROE MINTY Codes)as h4 ad tbM In the NO&O of Vb dw*"=d Hexing Abd in this ew end dId not came trio on of he"THE COMPUANCE DATE but arc now In emglbmd.The Regimdad(s)did Pq Be tool amoud of and adfm team b Mmaoe Ommty coda Endemennad within oft(30)dqs d thb Oda. DATED f a..i..>K—d➢d 20D%- i S0R 5 Meghedd Rmpmdenl(o)sbD haw 30 days fmm h die dtbs bmgabg Order ef fhs Sp mW A@drsb te oppml add orderLNaftalAppBAo%r.Wiby the Rapondaf(s). ANY AGGRBVED PARTY,INCLUDING MONROE COUNTY,MAY HAVE APPELLUTE WITH REGARD TO THIS ORDER PURSUANT To SECT=IgLIJ,R.ORIDA STATUTES. ANY SUCH APPEAL WILL BE LW1TED TO OF THE RECORD CREATED OEFOREIHE BPBDAL MAti18TRATE ANY APPEAL MUST BE RLED WRH CIRCUIT COURT TISBOFomATATEL 111.1 D 11II1: :��Iop 1 rue :11 �im I he* ere�cqy d 4e Man aria end the a true and � andbr ) u 1 1 on File to i�i is lip Witness hand maddrmdm mdwAhBeAmmw dqa "1 )I bib ^^ I&]_ day of r -01 � IIOA0t0B COMITY AMY 11EA I1...')' .... a-"1T ) �FICIAL REC01� a I 11 Court' MONROE COUNTY r paDm Dt* Lmks 6-11%, I R , l A� 1 1 .A„ " ..� �, Q Case Information Case Number KE10070149 Origination S-REFERRAL " BoardISM-SPECIAL AI 4TRATE NIN Address 1 OVERSEAS HIGHWAY Total Fines 99M.0m _. ......�� .,.a _._.. Data Ordered comply Fine Sid . Ordinance ply By Daly Fine Battle Amomsd 118-11(a)(b) �09f3O12Q10 �01J1?1�11 0l/131�11 2500DD0Q 000 130.74.(c) I09130120100111217�11 Fine Details w .. _ _ . ... _. ®.. .. .. .. . Suspended Days Ordinance Code 110140.(1) FF Continuous Sl iop Date tau Date Date Ordered 1AP10 3 Comply8y (11112/2011 73' 1, .. ... ......... Fine Start 01113rm Dady Pure 2 �� Number of Days 10ti4 Suspended Days 0 Current Fine 26 0A0 Complied Date 112112rA13 ka). Seale Amourri Settle Date AmountPaid 0,00 Date Paid ' 136s,74(t) SO PA.d(kLf ( u r P t . � 12,11-3 i CPYI`jMrA w 120f 11Suspend Da � i . w � ` BEFORE.,rIE COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE DocN 1961519 12/16/2013 4:00PM MONROE COUNTY,FLORIDA Filed & Recorded in Official Records of MONROE COUNTY ANY HEAVILIN MONROE COUNTY FLOi8DA, Casa No CE1X 7D� PeWoner, IO v VIL an Subject Prop"Rest Estate Number. N a ^ff3o l a j Deep 182M 02/08/2011 1:34PR W ) Filed a Recorded In orrl,eJat Records of Respondenft ; RONRW COUNTY DAM L. KOLNRGE Dodd 18233O5 FINAL ORDER Skill 2513 Pop 1774 Haft idly considered the evidence presented at hearhp,hwfudh:g tesOrrany of the Cade Enforcement inspecto40)andlar wpnesses seder oath.the fbnouknp Findings of Fed and Condusimrs of law are ORDERR/EEM AA,,___. ,. �1 The s) arhdlcr Authori�d Repreaerdetve/�ils�lh� 2 +0.dl,V �rt�ralWiAge=es dw y t and didldtd no<no<confsst fie v�latla�s)set tenth pr the Natice of VldetioNNotfce of Herring which is Incorporated hen ss If �Y (✓The lbuapadengs)dare the owners)ot property lacalad n Monroe County and wasrorere duly nogoed of the hearing.The Respmhdant(s) Mara in volatlorh at tle Mareoe County Goleta)as rely set to lathe Now ot WdellanMotice of nearing filed In ftds case and pureued to 8edm 182 07 ot Florida Slabltas h:oela In an amount to bed toed st the cothduslon of tide ease are hereby laded for the administrative recovery of the costs of prossh:utinp and inceati ail reatisr.Coda vdll eoruthhue to accrue uatR mmpHum Is aahlavad and oero la dosed. Fe n the rdent(s aleR those Code(s)referred to in the Notice of VlOWft Wdw of Hearing on or before COMPLIANCE DATE'). OF In the event Ale viokrdon(s)were ar are not corrected on THE COMPLIANCE DATE PREVIOUSLY ORDERED or on THE COMPLIANCE DATE ET FORTH HEREIN,,Meta)In the amount of: s111&&/W '�-7so.&V a/ails-) asb.06 11 ,�Lla 0 0,?su 0)a asa•hao ZA V,ice) $ 2,04V a/-Z(24 lad a 6D-66 /7-W. (6) 0-25v.06 0-R7 A6)(3)4. 'ff a sir. 900 for each day begl ft on THE DAY AFTER THE COMPLIANCE DATE that fie Respondetd(s)Ware In violation Were hereby ORDERED (vja ore/lens gyre of i A Odd, 00 Is ORDERED,and the condNon causing Oe violation(s)Is found to present a threat to the public haft safety and welfare. It is b1 er ordered,that the County Is hereby m&A&ed to treks all reawreble repairs wh Ich are mquked to bring the properly Into and dharge the respondents)with cost or repWm Inducting administrative recovery of the costs of prosecuting and Ig this meter. SY ter r ING CO ENFORCEMENT AT OW 4'�CS FOR THE UPPER KEYS•(1051188.101O FOR THE MIDDLE KEYS:am 18Z 4455 FOR THE LOWER KEYS In the event of nonpayment of fines and/or costs,Imposed on Respondent(s),a corned copy of this Order may be recorded in tie public records and she tlsm eve constitute a pen against the land on which the vloNon or violations exist and upon any otter teat or personal properly own d by the violator.The County may brof le foredosure pocamunngs N the Ron remains unpaid for three months andfor may sue to recover sue ey judgment for the amount of the Ron plus accrued b*msL Pima melee chedss payable to Moms County Code Enforcement and mall to:Monroe County Code Enforcement Attu:Office of the Listeon,M1 Overseas Hwy,Sups 170,Marathon,FL 39060. ( ) The Respandent(s)were In vlolston of the MONROE COUNTY Code(s)as fully set forth In the Notice of Vfolato ftdm of Hearing Ned In this case and did not come Into mmpiiance on or before THE COMPLIANCE DATE but we now in compitance.The Respandent(s)siren pay the total amount of cost and/or tnea(5 to Mane Covey Code Enforcement wWn t ft(30)days of this Order 77/ DATED this _day of &JQ/C/774640— .20_ O—�m v I/ John G. an ham,SpdV Magistrate Page i of 2 FINAL ORDER PAGE 2 CASE NUMBER: CE10070149 Respondent(s)mailing address of record with the Monroe County Property Appraiser's Office: ZANDNDARI INVESTMENTS INC Doom 282: 8a 4841 WEST 4TH AVENUE BkM 2803 PON 1775 HIALEAH,FL 33012 Location of Subject Property: Bkp2663 16Pep � VACANT LOT#1 ONUS 1 s LONG KEY,FL 33001 RE NUMBER: 00098530000200 APPEAL PROCEDURES Respondent(s)shall have 30 days from the date of the foregoing Order of the Special Magistrate to appeal said Order by filing a Notice of Appeal, signed by the Respondent(s). ANY AGGRIEVED PARTY, INCLUDING MONROE COUNTY, MAY HAVE APPELLATE RIGHTS WITH REGARD TO THIS ORDER PURSUANT TO SECTION 162.11, FLORIDA STATUTES.ANY SUCH APPEAL WILL BE LIMITED TO APPELLATE REVIEW OF THE RECORD CREATED BEFORE THE SPECIAL MAGISTRATE. ANY APPEAL MUST BE FILED WITH CIRCUIT COURT WITHIN 30 DAYS OF THE EXECUTION OF THIS ORDER. CERTIFICATE OF ORDER I hereby certify that this is a true and correct copy of the above Order. MONROE COUNTY Nicole M.Petrick,Liaison OFFICIAL RECORDS CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of this Order has been furnished to the Respondent(s) via hand delivery / first class U.S. mmail to Respondent(s) address of record with the Monroe ' County Property Office as referenced v and/or A rued Representative Appraisers ser s � -on this day of 0 A* 1 Iu (` �his C'09' 7 IIII MONROE COUNTY.)1 OFFICIAL RECORDS �� is III r WI '�haod � .,,,ems '"mIN,S. ow IW �- irles Aw At,'A out � u'u Iu '� o m II, "III'oll w.wuw 1�IIIIryr IIQPIrpUllni