Item K04 K.4
County �� � .�� �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 nff `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
April 21, 2021
Agenda Item Number: K.4
Agenda Item Summary #8098
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2500
n/a
AGENDA ITEM WORDING: Approval of a Resolution Reserving Fourteen (14) Moderate-
Income Affordable Housing ROGO Allocations, pursuant to Monroe County Code Section 138-
24(b)(2), for the Construction of Fourteen (14) Affordable Employee Housing Units at the corner of
Sacarma Drive and Overseas Hwy., Lots 3, 4, 6, 8, 10, 12, 14, and 16, of Sacarma Bay subdivision,
Cudjoe Key, having Parcel Identification Numbers 00175130-000000, 00175140-000000,
00175180-000000, 00175200-000000, 00175220-000000, 00175240-000000, and 00175260-
000000, until April 21, 2022. This subject development is pursuing SAIL funding from the Florida
Housing Finance Corporation ("FHFC").
ITEM BACKGROUND:
Gorman & Company ("Gorman"), as authorized by the current property owner, David Woodburn, is
requesting the reservation of fourteen (14) moderate income affordable ROGO allocations
pursuant to Monroe County Code Section 138-24(b)(2).
The sub�ect ro ert� is outlined in blue.
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Gorman & Company is proposing to develop fourteen (14) affordable employee housing units
and is applying to the State of Florida Housing Finance Corporation Request for Applications
#2021-208— for SAIL Financing for the Construction of Workforce Housing.
Gorman & Company has received a Letter of Understanding (LOU) from the Planning and
Environmental Resources Department confirming that the proposed affordable employee housing on
the subject property is a permitted use that meets the density standards for the Suburban Commercial
(SC) zoning district. In order to move forward with the proposed development, Gorman & Company
would be required to obtain all necessary development approvals from Monroe County and all
applicable agencies.
Relevant land Development Code Section:
Monroe County Code Section 138-24 (b) Reservation of affordable housing allocations.
Notwithstanding the provisions of Section 138-26 for awarding of affordable housing allocations,
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the BOCC may reserve by resolution some or all of the available affordable housing allocations for
award to certain sponsoring agencies or specific housing programs consistent with all other
requirements of this chapter. Building permits for these reserved allocations shall be picked up
within six months of the effective reservation date, unless otherwise authorized by the BOCC in its
resolution. The BOCC may, at its discretion, place conditions on any reservation as it deems
appropriate. These reservations may be authorized by the BOCC for:
(1) The county housing authority, nonprofit community development organizations, pursuant to
Section 139-1(e), and other public entities established to provide affordable housing by entering into
a memorandum of understanding with one or more of these agencies;
(2) Specific affordable or employee housing projects participatinZ in a federal/state housing
financial assistance or tax credit program or receivin some omeeform o direct financial assistance from
the county upon written request from the project sponsor and approved by resolution of the BOCC;
(3) Specific affordable or employee housing projects sponsored by nongovernmental not-for-profit
organizations above upon written request from the project sponsor and approved by resolution of the
BOCC;
(4) Specific affordable or employee housing programs sponsored by the county pursuant to
procedures and guidelines as may be established from time to time by the BOCC;
(5) Specific affordable or employee housing projects by any entity, organization, or person,
contingent upon transfer of ownership of the underlying land for the affordable housing project to
the county, a not-for-profit community development organization, or any other entity approved by
the BOCC, upon written request from the project sponsor and approved by resolution of the BOCC;
or
(6) Rental employee housing projects situated on the same parcel of land as the nonresidential
workplace for the tenants of these projects, upon written request from the property owner and
approved by resolution of the BOCC.
PREVIOUS RELEVANT BOCC ACTION:
N/A
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
RESOLUTION - RESERVING 14 MODERATE ROGOS
Cudjoe ROGO Request- 14 Units signed
2019-214 LOU 34 Sacarma
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
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Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: NA
Additional Details:
REVIEWED BY:
Emily Schemper Completed 04/05/2021 6:33 PM
Assistant County Administrator Christine Hurley Completed
04/05/2021 6:47 PM
Peter Morris Completed 04/06/2021 12:46 PM
Purchasing Completed 04/06/2021 12:52 PM
Budget and Finance Completed 04/06/2021 2:00 PM
Maria Slavik Completed 04/06/2021 2:04 PM
Liz Yongue Completed 04/06/2021 3:12 PM
Board of County Commissioners Pending 04/21/2021 9:00 AM
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11'11�1'Iltl fa
2 RESOLUTION NO. -2021
3
4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
5 COMMISSIONERS APPROVING THE RESERVATION OF
6 FOURTEEN (14) MODERATE INCOME CATEGORY AFFORDABLE
7 ROGO ALLOCATIONS FOR PROPOSED EMPLOYEE HOUSING
CD
8 DWELLING UNITS ON PROPERTY LOCATED AT SACARMA
9 DRIVE AND OVERSEAS HWY, LOTS 3, 4, 6, 8, 10, 12, 14, AND 16, OF
10 SACARMA BAY SUBDIVISION, CUDJOE KEY, APPROXIMATE U_
11 MILE MARKER 21.5, HAVING PROPERTY IDENTIFICATION
12 NUMBERS 00175130-000000; 00175140-000000; 00175180-000000;
13 00175200-000000; 00175220-000000; 00175240-000000; AND 00175260-
14 000000, AS REQUESTED BY GORMAN & COMPANY, AS
15 AUTHORIZED BY THE PROPERTY OWNER, DAVID WOODBURN,
16 UNTIL APRIL 21, 2022 FOR BUILDING PERMIT ISSUANCE. 0
17
18 0
19 WHEREAS,the State of Florida and all local governments in the Florida Keys (each subject
20 to Area of Critical State Concern mandates relating to housing affordability) recognize the need for
21 affordable housing throughout the state and particularly in the Florida Keys where developable land
LU
22 for housing is extremely limited and expensive; and
23 2
24 WHEREAS,the challenge of providing affordable housing opportunities in the Florida Keys
25 is one requiring sensible and responsive use of residential unit allocations, including implementation
26 of long-term preservation mechanisms; and
27
u.o
28 WHEREAS, due consideration should be given to relevant factors such as the capacity for
29 allocation recipients to promptly transform allocation awards/reservations into finished and occupied
30 affordable/workforce housing units; and z
31
32 WHEREAS, Section 138-24(b)(2) of the Monroe County Land Development Code allows
33 the BOCC to authorize reservations for "specific affordable or employee housing projects w
34 participating in a federal/state housing financial assistance or tax credit program or receiving some
35 form of direct financial assistance from the county upon written request from the project sponsor
36 and approved by resolution of the Board of County Commissioners," and E
37
38 WHEREAS Gorman& Company ("Gorman") as authorized by the current property owner,
39 David Woodburn, is proposing to develop the property with fourteen (14) affordable employee
40 housing units; and
41
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I WHEREAS, Gorman & Company is applying to the State of Florida Housing Finance
2 Corporation Request for Application 2021-208—SAIL Financing for the Construction of Workforce
3 Housing; and
4
5 WHEREAS,the reservation of affordable housing allocations for the anticipated project does
6 not exempt the project from applicable requirements for the Monroe County Land Development
7 Regulations, Building Code and other regulatory requirements; and E
8
9 WHEREAS, Gorman & Company shall obtain all required approvals from the Monroe ,
10 County Planning & Environmental Resources Department for the project; and
11
12 WHEREAS, Gorman & Company shall obtain permits for the affordable housing dwelling
13 units by April 21, 2022; if the permit for a reserved ROGO allocation housing unit is not issued by
14 that time, the allocation will revert to the County; s
15
16 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 0
17 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
18
19 Section 1. Recitals and Legislative Intent. The foregoing recitals and statements of
20 legislative intent are true and correct and are hereby incorporated as if fully set forth herein. 0
C7
21
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22 Section 2. The Monroe County Planning & Environmental Resources Department shall
23 reserve fourteen (14) moderate income category affordable ROGO allocations, for the project at 0
24 Sacarma Drive and Overseas Hwy, Lots 3, 4, 6, 8, 10, 12, 14, and 16, Sacarma Bay Subdivision,
25 Cudjoe Key, having property identification numbers 00175130-000000; 00175140-000000;
26 00175180-000000; 00175200-000000; 00175220-000000; 00175240-000000; and 00175260-000000
27 until April 21, 2022. 2
28
29 Section 3. The developer must obtain the building permits for the fourteen (14)
30 affordable/employee housing on or before April 21, 2022.
31
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32 Section 4. The developer shall comply with all Monroe County requirements, all
33 applicable Building Code requirements, and any other oversight agencies. z
34
35 Section 5. Construction and Interpretation. This Resolution, being necessary for the J
36 health, safety, and welfare of the residents of and visitors to the County, shall be liberally construed w
37 to effect(uate) the public purpose(s) hereof. Interpretation of this Resolution shall be construed in
38 favor of the Monroe County Board of County Commissioners, and such construction and
E
39 interpretation shall be entitled to great weight in adversarial administrative proceedings, at trial, in
40 bankruptcy, and on appeal
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I Section 6. The Planning & Environmental Resources Department and Building
2 Department staff are hereby authorized to process expeditiously permit related applications for the
3 above referenced project when received.
4 _
5 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
6 Florida at a regular meeting held on the 21st day of April, 2021. E
7
8 Mayor Michelle Coldiron
9 Mayor Pro Tem David Rice
10 Commissioner Craig Cates
11 Commissioner Eddie Martinez
12 Commissioner Mike Forster
13
14 BOARD OF COUNTY COMMISSIONERS OF MONROE U-
15 COUNTY, FLORIDA <
16
17 BY:
18 Mayor Michelle Coldiron
19 E
20 (SEAL) MONROEc
21 ATTEST: KEVIN MADOK, CLERK P, TO FORM U)
22
0
23 AS DEPUTY CLERK ®- -w
Et" O RI
ASSISTANT COUNTY ATrORNEY
Date- 4.6.21
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GORMANREAL ESTATE DEVELOPMENT
200 N. Main Street I Oregon, WI 53575 www.GormanUSA.com MILWAUKEE MIAMI PHOENIX CHICAGO DENVER
April 2nd, 2021
Monroe County
2798 Overseas Highway, Suite 400
Marathon, FL 33050
RE: Request for ROGO Allocations
TO WHOM IT MAY CONCERN:
This letter serves to confirm that Gorman & Company, LLC as applicant to Florida Housing Finance o
Corporation Request for Application 2021-208—SAIL Financing for the Construction of Workforce
Housing, is requesting 14 Moderate Income ROGO Allocations from Monroe County to be placed at y
the corner of Overseas Highway and Sacarma Drive, Cudjoe Key, FL(Parcel IDs: 00175130-000000;
00175140-000000; 00175180-000000; 00175200-000000; 00175220-000000; 00175240-000000;
00175260-000000).
Sincerely,
� . 0 Z"14
Joel Reed
Southeast Market President v,
Gorman & Company, LLC
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County of Monroe
Planning&Environmental Resources Board of County Commissioners
Department r' � tat , `w Mayor!-Leather Carruthers.District 3
2798 Overseas Highway. Suite 410 Mayor Pro I`em Michelle Coldiron,District
Marathon Florida 33050-4277 tl l` t, Craig Cates,District I
Voice (305)289-2500 i r `` David Rice. District 4
FAX: (305)299-2536 ��^ �� � � `��' ;Sylvia.i. Murphy,District 5
May 05, 2020
gregmacrealtorga aol.com
Gregory A. MacLaren
27217 Overseas Highway
Ramrod Key, FL 22042
SUBJECT: LETTER OF UNDERSTANDING CONCERNING SEVERAL
DEVELOPED PARCELS ON C'UDJOE KEY OWNED BY DAVID ALBERT y
AND JANN W. WOODBURN AND REPRESENTED BY GREGORY A.
ACLAREN. THE APPLICANTS WOULD LIKE TO KNOW IF THEY
COULD CONSTRUCT HOUSING ON THESE PROPERTIES. IF SO,
THEY WOULD LIKE TO KNOW WHAT TYPE OF HOUSING IS
ALLOWED AND HOW MANY UNITS ARE ALLOWED. THEY WOULD
ALSO LIKE TO KNOW HOW MANY SQUARE FEET OF COMMERCIAL
AND/OR STORAGE SQUARE FOOTAGE IS ALLOWED ON THE E
PROPERTY. THE PROPERTY IS COMPRISED OF 7 PARCELS ON c
CUDJOE KEY AT THE CORNER OF OVERSEAS HIGHWAY AND
SACARMA DRIVE,APPROXIMATE MILE MARKER 21.5, ON PARCELS E
HAVING REAL ESTATE NUMBERS 00175130-000000, 00175140-000000,
00175180-0000001 00175200-000000, 00175220-000000, 00175240-000000,
AND 00175260-000000.
Dear Mr. MacLaren:
c�
Pursuant to Section 11.0-3 of the Monroe County Land Development Code (tile "LDC"), this
document shall constitute a Letter of understanding (LOU) following your request for a Pre-
Application Conference with Planning and Environmental Resources staff. The purpose of a Pre-
Application Conference is to acquaint the participants with the requirements of the County Code,
applicable comprehensive plan policies and the views and concerns of the County. The substance
of the Pre-Application Conference held on April 12, 2016 is recorded in this LOU,which sets forth
the subjects discussed at the conference and the County's position in regard to the subject matters
discussed.
In attendance at the pre-application cot�ference ivere:
■ Matt Restaino, Senior Planner
® Michael Roberts. Assistant Director Environmental Resources
■ Gregory A. MacLaren
34 Sacarnta Drive.Cudjoe Key, Letter of Understanding(File 4 2019-214) Page 1 of 18
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Materials presented jor review) included:
■ Pre-Application Conference Request Form
• Monroe County Property Record Card
I. APPLICANT PROPOSAL
The applicants would like to know if it is possible to construct housing on these lots. if it is
possible,the applicants would like to know what type of housing may be built and how many units
may be constructed. They would like to know if there are housing credits available. The applicants
would also like to know how much nonresidential square footage could be built on the property.
Specifically, they would like to know how much commercial space and/or storage units could be
built on the property. This is related to an existing automotive and —Haul business that is
currently on the property.
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II. SUBJECT PROPERTY DESCRIPTION
1. The subject property is located at mile marker 21.5 at the corner of Overseas Highway and
Sacartna Drive, Of the seven (7) parcels that comprise the property, six (6) do not have a street
address as recognized by the Monroe County Property Appraiser. There is an existing structure
on the parcel with the RE 400175180-000000. This parcel has the street address 34 Sacarma
Drive.
34 Sacarma Drive, Cudjoe Key, Letter of Understanding{bile#2019-214} Page 2 of 18
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2. The subject property is comprised of seven(7)parcels. The RE numbers and legal descriptions
of the properties are as follows:
00175130-000000, 00175140-000000, 00175180-000000, 00175200-000000:
Lots 3, 4, 6, 8, and 10 of Sacarma Bay, a subdivision in Government Lot 2, Section 29,
Township 66 South, Range 28 East, on Cudjoe Key, Monroe County, Florida, according to the
plat thereof recorded in Plat Book 4, at Page 128, Monroe County, Florida Public Records.
00175220-000000, 00175240-000000, 00175260-000000: _
Lots 12, 14,and 16 of Sacarma Bay, a subdivision in Government Lot 2, Section 29, Township
66 South, Range 28 East, on Cudjoc Key, Monroe County, Florida, according to the Plat
thereof as recorded in Plat Book 4, at Page 128, Monroe County, Florida Public Records.
3. Six (6) of the parcels currently have a property class of "Commercial (1000)"according to the
Monroe County Property Appraiser. The parcel with the RE 00175180-000000 has a property
class of"Service Shops (2500)" according to the Monroe County Property Appraiser.
4. According to Monroe County Property Appraiser records, the seven (7) parcels consists of
43,019 sq. ft. of total land area.
All calculations included in this Letter are based on the aforementioned figure. A sealed
boundary survey/proposed site plan,providing the exact amount of upland land situated above
mean high water, shall be required at the time of application submittal for any development
approval for new development adversely affecting open space or land use intensity. This
survey shall show mean high water lines drawn in accordance with Florida Statutes. Based on W
more accurate information provided on a survey, calculations provided in this letter are subject
to change.
III.RELEVANT PRIOR COUNTY ACTIONS
I. On February 27, 2005, Monroe County issued a Letter of Understanding for the subject
property. The LOU states, "Since automotive repair and service is considered as a light
industry,the use is what would be permitted as a minor conditional use for light industry." The
LOU continues, "The existing 2,090 sf structure in which light industrial use occurs was built
in 1975 and is considered lawfully established."
IV.REVIEW
The following regulations directly affect the proposal;however,please note that there may be other
regulations not referred to nor described in this letter, which may govern development.
1. The subject property is located within the Suburban Commercial (SC) Land Use (Zoning)
District and within the Mixed Use/Commercial (MC) Future Land Use Map (FLUM) category.
2. The subject property is located within an area designated Tier III (in#ill area).
34 Sacanna Drive, Cudjoe Key, Letter of Understanding(Pile# 2019-214) Page 3 of 18
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3. The proposed development shall be consistent with the purpose of the MC FLUM Category,
and all other applicable goals, objectives and policies of the Monroe County Year 2030
Comprehensive Plan. Pursuant to Comprehensive Plan Policy 101.5.6:
The principal purpose of the Mixed U.se/Commercial (MC)future land use category is to
provide for the establishment of mixed use commercial land use (zoning) districts where
various types qf commercial retail and office may be permitted at intensities which are
consistent with the community character and the natural environment. Employee housing
and commercial apartments are also permitted. In addition, Mixed Use/Commercial land
use districts are to establish and conserve areas of mixed uses, which may include maritime
industry, light industrial uses, commercial fishing, transient and permanent residential,
institutional, public, and commercial retail uses.
This,future land use category is also intended to allow for the establishment Uf mixed use
development patterns, where appropriate. Various types of residential and nonresidential
uses may be permitted,' however, heavy industrial uses and similarly incompatible uses
shall be prohibited The County shall continue to take a proactive role in encouraging the y
preservation and enhancement of community character and recreational and commercial
working waterfronts.
4. The proposed development shall be consistent with the purpose of the SC Land Use District.
Pursuant to Code Section 130-43, "The purpose of the SC district is to establish areas for
commercial uses designed and intended primarily to serve the needs of the immediate planning
area in which they are located. This district should be established at locations convenient and
accessible to residential areas without use of U.S. L" c
5. The proposed development would be subject to the permitted and conditional uses within the
SC Land 13se District.
6. LDC Section 101 1 defines the following relevant terms:
Commercial apartment Means an attached or detached residential &N'elling unit located on
the same parcel of land as a nonresidential use that is intended to serve as permanent
housing for the owner or employees ol'that nonresidential use. The terns does not include
a tourist 11otlSit3g use or vacation rental use.
Employee housing means an attached or detached dwelling unit that is intended to serve as m
affordable, permanent housing for working households, which derive at least 70 percent of
their household income from gainful employment in the county and meet the requirements
for affordable housing as defined in this section and as per section 1.39-1.
Floor area means the sum of the gross covered and enclosed habitable areas of a building
or any other covered and enclosed structure, measured from the exterior walls or from the
centerline of party walls.
34 Sacarina Drive, Cudioe Key, Letter of Understanding(File 9 2019-214) Page 4 of 18
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Industrial use, light means a use devoted to the manufacture, warehousing, assembly,
packaging, processing, fabrication, indoor and outdoor storage, or distribution of goods
and materials whether new or used and/or the substantial refinishing, repair and/or
rebuilding of vehicles or vessels.
Institutional-residential use means temporary or permanent housing associated with an
institutional organization, such as a group home, foster care facility, convent, nursing
facility, student housing, life care/elderly housing, or educational and/or scientific research
facility.
7. There is an existing structure on the property with the RE 400175190-000000. based on the
previously mentioned LOU from 2005, and property appraiser records, this structure appears
to be 2,090 sq. ft. of existing floor area. This number will be used to calculate density and
intensity potential across the entire site.
8. The existing use on the property is light industrial. Pursuant to LDC Section 130-164, light
industrial uses within the SC District have a maximum floor area ratio of 0.3. The
nonresidential development potential is as follows:
Ybur an Size Of Maximum Total Exls ting Development Development
Commercial Property ' �l�rar "Develop ent Floor Potential Potential
W ft) Area Potential Area Used Pe oining
.patio � . t l (sq. t.
Light 43,019 0.3 12,906 2,090 16.2% 83.8%
Industrial
If the property were to be developed to its maximum potential with exclusively light industrial
use(s), 10,816 sq. ft. of development potential remain. If the property owner wishes to add
additional uses to the property, development potential would be calculated cumulatively
pursuant to LDC Section 130-156. The LDC reads as follows:
"The density and intensity provisions set out in this section are intended to be applied
cumulatively so that no development shall exceed the total density limits of this article. For
example, if a development includes both residential and commercial development, the total
gross amount of development shall not exceed the cumulated permitted intensity of the parcel
proposed for development. If a proposed development is for a combination of nonresidential
uses, the acreage required for each use shall be determined independently based on the floor
area ratio in section 130-164 for each individual use such that no acreage shall be dedicated
for more than one use."
9. Light Industrial uses are permitted as a minor conditional use in the SC District. Pursuant to
LDC Section 110-63, "Minor and major conditional uses are those uses that are generally
compatible with the other land uses permitted in a land use (zoning)district, but which require
individual review of their location, design and configuration and the imposition of conditions
in order to ensure the appropriateness of the use at a particular location."
34 Sacarma Drive, Cudjoe Key, Letter of Understanding(File t 2019-214) Page 5 of 18
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The following changes to the property may result in either a minor or major deviation or an
amendment to the minor conditional use:
• Decrease in amount of off-street parking;
• Decrease in the amount of loading/unloading spaces,
• Decrease in the amount of landscaping;
• Decrease in the bufferyard width and/or plantings;
• Change in access to the property;
• Increase in the amount of nonresidential floor area approved by the conditional use;
• Decrease in.the amount of open space;
• Increase in the amount of dwelling units; and/or
• Increase in the amount of transient dwelling units including hotel-motel, recreational
vehicle, and/or institutional dwelling units.
Pursuant to LDC Section 11.0-73, any development that results in a percentage change between
0.5% and 10% will require a minor deviation. Any development that results in a change
between 11% and 204:'o will require a major deviation. Any development that results in a
change above 20% will require an amendment to the conditional use.
The LOU from 2005 states that only the property with the RE 00175180-000000 has the
deemed conditional use. Based on historical satellite images between 2002 and 20181, it
appears that the other parcels that make up the property have been used as storage for the
existing light industrial use. Because the use pre-dates the current conditional use regulations,
it did not go through a standard conditional use approval process.
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0
If any changes are desired for the property that will result in a deviation or amendment, the
County will review the entire site not just what is being proposed. The property will need to
be in compliance with all aspects of the conditional use and the current status of the property
should be memorialized.
10. Storage facilities are also considered light industrial uses and therefore would be considered a
minor conditional use in the SC District. If the property owner would like storage on these
lots, the storage use would be subject to the same restrictions of the existing light industrial
04
use. A deviation/amendment to the existing use would be required to approve a new storage
facility.
04
11. The applicant inquired about the type of housing permitted on this property. The following
section details the type of permanent and transient residential uses permitted in an SC District:
• The following uses are permitted as-of-right in the Suburban Commercial district:
a Institutional residential uses, involving less than ten dwelling units or rooms;
a Commercial apartments involving less than six dwelling units;
o Attached and detached dwellings involving less than six units, designated as
employee housing as provided for in section 139-1;
• The following uses are permitted as miner conditional rises in the Suburban
Commercial district, subject to the standards and procedures set forth in chapter 110,
article III:
34 Sacarma Drive, Cudjoe Key, Letter of Understanding(File#2019-214) Page 6 of 18
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• Institutional residential uses involving ten to 20 dwelling units or rooms,
provided that:
• Access to U.S. 1 is by way of.
• An existing curb cut;
• A signalized intersection; or
• A curb cut that is separated from another curb cut on the same
side of U.S. 1 by at least 400 feet;
o lintels of fewer than 25 rooms, provided that:
■ One or more of the following amenities are available to guests:
• Swimming pool;
• Docking facilities; or E
• Tennis Courts;
• Commercial Apartments involving six to 18 dwelling units, provided that: ,
■ Access to U.S. 1 is by way of
• An existing curb cut;
• A signalized intersection; or a,
• A curb cut that is separated from any other curb cut on the same
side of U.S. I by at least 400 feet;
o Attached and detached dwellings involving six to 18 units, designated as
employee housing as provided for in section 139-1;
• The following uses are permitted as major conditional uses in the Suburban
Commercial district subject to the standards and procedures set forth in Chapter 110,
Article Ill:
o Institutional residential uses involving 20 or more dwelling units or rooms, e
provided that:
■ Access to U.S. 1 is byway of:
• An existing curb cut;
• A signalized intersection; or
• A curb cut that is separated from another curb cut on the same
side of U.S. I by at least 400 feet;
■ Tourist housing uses, including vacation rental uses, of institutional
residential units are prohibited;
o Hotels providing 25 or more rooms, provided that:
■ the hotel has restaurant facilities on the premises;
■ One or more of the following amenities are available to guests:
• Swimming pool;
• Docking facilities; or
• Tennis courts;
■ Access to U.S.. 1 is by way of:
• An existing curb cut,
• A signalized intersection; or
• A curb cut that is separated from another curb cut on the same
side of U.S. 1 by at least 400 feet;
a Attached and detached dwellings involving more than 18 units, designated as
employee housing as provided for in section 139-1.
34 5acanna Drive,Cudjoe Key, Letter of Understanding(File#2019-214) Page 7 of 18
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12. According to the Property Appraiser's website, the total square footage of all seven (7) lots is
43,019 square feet. Using this number as a baseline, the following table shows how the
development potential for residential units on the property. Development potential may change
if a boundary survey shows a different total square footage for the property.
Residential Allocated ienst Net tDensity
leer an n
Density
Lund Use Adopted Development Adopted Net Development
District Standard Potential Standard Buildable Potential
Acres
Suburban 3 Dwelling 2.96 TDR: 6 0.79 4.74
Commercial Units/Acre Dwelling Dwelling Dwelling
Units Units/Buildable Units
Acre
Affordable 0.79 14.22 y
Housing: 1.8 Dwelling
Dwelling Units
Units/Buildable
Acre
Residential Tra sient Maximum.1 e ,density
.density
Suburban Commercial Adopted Standard Development Potential W
(Rooms/Buildable Acre)
Hotel 15 14.81
Institutional Residential 20 19.75
There is currently a moratorium on new transient residential uses. If a transient residential use
is desired on this property in the future, the applicant will have to make use of Transfer of
ROGO Exemptions (TREs).
cv
w
Pursuant to LDC Section 130-156, "The density and intensity provisions set out in this section CD
CN
are intended to be applied cumulatively so that no development shall exceed the total density
limits of this article. For example, if a development includes both residential and commercial W
development, the total gross amount of development shall not exceed the cumulated permitted
intensity of the parcel proposed for development. If a proposed development is for a
combination of nonresidential uses, the acreage required for each use shall be determined
independently based on the floor area ratio in section 130-164 for each individual use such that
no acreage shall be dedicated for more than one use."
Pursuant to LDC Section 139-1(a)(5), "Notwithstanding the provisions of this article, when.
calculating density, any existing lawfully established or proposed affordable or employee
housing on a parcel and the floor area thereof shall be excluded from the calculation of the
total gross nonresidential floor area and hotel/motel density development that may be lawfully
34 Sacarma thrive, Cudjoe Key, Letter of Understanding(Pile#2019-214) Page 8 of 18
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established on the parcel, provided, however, that the total residential density allowed on the
site shall not exceed the maximum net density for affordable and employee housing."
Pursuant to LDC Section 139-1(a)(5):
In order for affordable density to be excluded from hotel/motel density on a parcel as set forth
in subsection (5) above, the following criteria must be met:
• All affordable units must be deed restricted as employee housing, as defined in section
101-1, .�
• The ratio of affordable units must adhere to the following schedule:
o A maximum of 25 percent moderate income, and a minimum of 25 percent low
income or very low income, or one dwelling unit, whichever is greater, and
• Fifty percent of affordable units shall be allotted to on-site personnel;
• `The total maximum net density of any such parcel shall not exceed 25 dwelling units
per buildable acre for hotel/motel rooms or spaces and affordable or employee housing
combined. In no case shall hotel/motel rooms or spaces exceed the maximum allocated
density (without the use of TDRs) or the maximum net density (with the use ofTDRs) y
set forth in Section 130-162. In no case shall affordable or employee housing exceed
the maximum net density as set forth in section 1 s0-157;
• The owner of the hotel/motel must provide the employees of the hotel/motel a right of
first refusal for lease of any affordable housing; and
• The subject property must be designated Tier 111.
13. The SC District has a minimum open space ratio of 0.2 or 20%. Based on the stated size of
the property on the Property Appraiser's website, the property must maintain a minimum of
8,604 square feet of open space.
E
Pursuant to LDC Section 101-1, "Open space means (in relation to open space ratio
calculations)that portion of any parcel or area of land or water that is required to be maintained
such that the area within its boundaries is open and unobstructed from the ground to the sky
(This definition is not intended to exclude vegetation from required open space)."
14. Pursuant to LDC Section 131-1. the SC District has the following required setbacks:
-- N
and e i tri t' Primary Secondary Primary Secondary
Land use Front Yard Front Yard Fide Ford Side Yard ,Rear Yard E
Suburban Commercial (SC) 25 15 10 5 10
The required non-shoreline setbacks would apply to the subject property as follows:
• The 25 foot Primary Front Yard Setback would apply to U.S. 1 right of way to the north
of the property.
• The 15 foot Secondary Front Yard Setback would apply to the Sacarma Drive right of
way to the east of the property.
• The 5 foot Secondary Side Yard Setback would apply to the western property line.
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• The 10 foot Rear Yard Setback would apply to the south property line.
Pursuant to LDC Section 101-1, ".setback means the area between a building or structure and
the property line of the parcel of land on which the building or structure is located, unoccupied
and unobstructed from the ground upward, except for fences or other development permitted
in the area as provided for in the LDC. In measuring a setback,the horizontal distance between
the property line and the furthermost projection of the building or structure shall be used.
Further, the setback shall be measured at a right angle (90 degrees) from the property line."
Based on available satellite images,the structure does not appear to comply with the secondary
front yard setback requirements. A lawfully established nonconforming structure may be
allowed to remain as is unless substantial improvement is proposed for the property. If
substantial improvement of any kind is proposed, the existing structure must come into
compliance with all aspects of the Land Development Code.
15. Pursuant to LDC Section 131-2, "No structure or building shall be developed that exceeds a
maximum height of 35 feet. Exceptions will be allowed for chimneys; spires and/or steeples y
on structures used for institutional and/or public uses only; radio and/or television antenna;
flagpoles; solar apparatus; utility poles and/or transmission towers, and certain antenna
supporting structures with attached antenna and/or collocations as permitted in chapter 146.
Exceptions will be allowed for flood protection as specifically permitted in Policies 101.5.32
and 101.5.33 and listed below. However, in no event shall any of the exclusions enumerated
in this section be construed to permit any habitable or usable space to exceed the maximum
height limitation,except as specifically permitted in Policies 101.5.32 and 101.5.33. In the case E
of airport districts, the height limitations therein shall be absolute and the exclusions e
enumerated in this section shall not apply."
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Pursuant to LDC Section 101-1, "Height means "the vertical distance between grade and the
highest part of any structure, including mechanical equipment, but excluding the following:
chimneys; spires and/or steeples on structures used for institutional and/or public uses only;
radio and/or television antenna, flagpoles; solar apparatus; utility poles and/or transmission
towers; and certain antenna supporting structures with attached antenna and/or collocations as
permitted in Chapter 146. However, in no event shall any of the exclusions enumerated in this 04
definition be construed to permit any habitable or usable space to exceed the applicable height
limitations. In the case of airport districts, the height limitations therein shall be absolute and
the exclusions enumerated in this definition shall not apply."
Pursuant to LDC Section 101-1, "Grade means the highest natural elevation of the ground
surface,prior to construction, next to the proposed walls of a structure, or the crown or curb of
the nearest road directly adjacent to the structure, whichever is higher. To confirm the natural
elevation of the ground surface, prior to construction, the county shall utilize the Light
Detection and Ranging (LiDAR) dataset for Monroe County prepared in 2007 and other best
available data,including,but not limited to,pre-construction boundary surveys with elevations,
pre-construction topographic surveys,elevation certificates and/or other optical remote sensing
data."
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16. Pursuant to EDC Section 114-14, "Any nonresidential, mixed use, or multi-family residential
development shall make adequate provision for a recycling collection area in accordance with
the following standards:
Collection Area Requirements for Nonresidential and mixed-use buildings:
Floor Ares s r eet) Minimum Collection Ar ai ,q aura f et
0 to 5,000 82
5,001 to 1.5,000 125
15,001 to 50,000 175 .�
50,001 to 100,000 225
100,001 or greater 275 E
Collection Area Requirements for Multi-family residential developments:
Dwelling Units Minimum Collection Area ar eet)
3 to 10 144
11 to 15 216
16 to 30 240 a
31 to 35 264
Additional requirements for Recycling and Solid Waste Collection Areas, pursuant to LDC
Section 114-14 are as follows:
• Additional solid waste containers. Generally, the minimum collection areas shown
above provide enough area for a typical solid waste container (i.e. dumpster) and
recycling containers. e
If the collection area requires more than one solid waste container, then an additional
area of six feet by ten feet (60 square feet) is required per each additional solid waste
container.
• Setback. Notwithstanding the provisions of Chapter 131, a collection area may be set
back five feet from any rear or side yard property line.
• Screening. Notwithstanding the provisions of Sections 114-13 and 131-1, collection
areas shall be screened on at least three sides. Screening shall consist of a solid or semi-
opaque enclosure that shall not exceed six feet in height. The enclosure shall provide a
minimum of one foot six inch clearance on each side of the container.
• Enclosure design, Area required is measured from the interior dimensions of the
enclosure. Enough room should be provided to move and lift containers. The design of
the enclosure should make it easy to keep container lids shut at all times.
• Location. Exterior collection areas should be located in an area accessible and
convenient to the intended users (typically no more than 200 feet from the farthest
user). The location of the collection area should not interfere with the primary use of
the site. It should be located in areas that can tolerate noise, odor and increased
pedestrian and vehicle traffic. The collection area should be designed to be easily
accessible by all collection vehicles.
17. The property shall comply with the provisions set forth in LDC Chapter 114, Article III
(Parking and Loading). Pursuant to LDC Section 114-67(a), "Every use shall be provided with
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off-street parking in accordance with the standards contained in this article. Every parking
space, both required and unrequired, shall meet the minimum standards of this article."
The table below shows required parking calculations for the existing light industrial use as well
as parking multipliers for residential uses. The following parking standards pursuant to LDC
Section 114-67(c) apply:
Spee* use multiplier Existing Reqaired spaces
Proposed
Single family dwelling 2 spaces per dwelling unit TBD TBD
units, including mobile or mobile home
homes on individual lots or
parcels
Multifamily residential 2.0 spaces per each 1- TBD TBD
developments bedroom dwelling unit; 2.0
spaces per each 2-bedroom
dwelling unit; and 3.0
spaces per each 3 or more
bedroom dwelling unit
Hotels/destination resorts 1 space per reach 1- TBD TBD
bedroorn transient
dwelling unit and I space
plus 0.5 space for each
additional bedroom per
each 2 or more bedroom
transient dwelling unit
Light Industrial 2 spaces/ 1,000 SF 2,090 square 4
feet
Mini-warehouses/self 3.0 spaces for the office TBD TBD
storage center use plus a parking aisle of
10 feet in width adjacent to
the storage unit access
doors if outside access to 0
the storage unit is
provided.
Total TBD
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Pursuant to LDC Section 114-67(k), Bicj)cle spaces, a bicycle rack for parking bicycles shall
be provided by all nonresidential development within 200 feet of an existing or programmed E
state or county bikeway. The minimum layout for a bicycle parking area shall be a two-foot-
wide by six-foot-long stall with a minimum aisle width of five feet. The bicycle parking area
shall be located within 50 feet of a public entrance to the principal structure and shall not
interfere with pedestrian or vehicular traffic.
Pursuant to LDC Section 114-69, one I Fx35' loading/unloading space is required on the
subject property for nonresidential uses of 100 to 2,499 square feet of floor area. Any
expansion of the use may require a larger loading space. Please see table below for reference:
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Minimum required Number of Lo ding an
Unloadin g aces
Specific Use GFA (sq. ft.) 1 I x 35' 1 V x 55'
Category
All Nonresidential 100 - 2,499 1 0
Uses 2,500 — 19,999 0 1
20,000 49,000 0 1
50,000 and over 0 2
Outdoor Uses and All Sizes 1 0 -�
Storage
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To demonstrate compliance with the LDC, the above required off-street parking, bicycle
parking and the loading/unloading space shall be provided.
1.8, All existing and proposed outdoor lighting must comply with LDC Chapter 114 Article VI.
Pursuant to LDC Section 114-159, "No structure or land shall be developed, used or occupied
unless all outdoor lighting conforms to the requirements of this article and the sea turtle
protection provisions of Chapter 12,Article V, unless otherwise specified within this chapter."
Pursuant to LDC Section 114-160, "Outdoor lighting, other than that used for public athletic
facilities, shall be designed, located, and mounted at a maximum height of eighteen (18) feet
for noncutoff lights and thirty-five (35) feet for cutoff lights. All lighting shall be shielded so
that light does not illuminate above 45' angled towards the ground."
E
0
Pursuant to LDC section 114-161, "Outdoor lighting shall be designed and located such that
the maximum illumination measured in footcandles at the property line shall not exceed 0.3
footcandles for noncutoff lights and 1.5 footcandles for cutoff lights, if illumination is desired
or required for nonresidential or multifamily (3 or more units) residential development, site
plans shall include photometric lighting plans."
19. Pursuant to LDC Section 114-195, "No structure or land shall be developed, used or occupied
unless direct access to U.S. I or County Road 905 is by way of a curb cut that is spaced at least
four hundred (400) feet from any other curb cut that meets the access standards of the Florida
Department of Transportation, as contained in. Chapter 14-97, F.A.C., or an existing street on
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the same side of U.S. I or County Road 905."
Pursuant to LDC Section 114-200, a traffic study may be required for new development on the
subject properties. Please see excerpt from the LDC below:
(a) In addition to all application requirements, traffic studies by a qualified traffic engineer, as determined
by the Planning Director, who is a licensed engineer in the state, shall be required as follows, in
accordance with the Monroe County Traffic Report Guidelines Manual:
(1) Traffic studies shall be required for proposed development as shown in the table below, based
on the anticipated number of vehicle trips per day generated by the site:
Required Traffic Studies
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Gross Daily Trip Type of
Generation* Project Location Report
Required
Segments of U.S. 1 designated as Inadequate Capacity or
11-249 Marginally Adequate Capacity according to the biennial Level 1
assessment of public facilities capacity report (see Sec. 114-2).
250-500 All Areas Level 2
E
>500 All Areas Level 3 �
*Gross Daily Trip Generation shall be calculated in accordance with the methods used in the
Institute of Transportation Engineers, Trip Generation Manual, current edition.
(2) Level 1 traffic studies shall include the following:
a. Provide a detailed assessment of the number of additional daily trips generated by the
development as calculated by the most current edition of the ITE Trip Generation Manual;
b. Analysis shall be based on the project's expected trip generation broken into primary, pass-
by, and internal trips, as well as the directional split and trip lengths to estimate the number
of additional primary trips on US-1;
c. The report shall provide recommendations for mitigating any project trips in excess of the
LCS C standard; and E
d. The applicant shall be responsible for construction of the improvements recommended in
the study.
r9
(3) Level 2 traffic studies shall include all elements of a Level 1 study, plus the following:
a. Ensure adequate access to the street system;
b. The study shall also include traffic diagrams detailing the peak hour and AADT traffic counts
at intersections and turning movements;
c. The data shall include background traffic (existing traffic plus traffic from approved projects)
and proposed project traffic;
d. Any recommendation for a traffic signal will required an alternatives analysis,
e. All roadways and intersections along the access routes shall be evaluated for traffic safety
and visibility; and
f. The study shall recommend improvements necessary to meet the accepted traffic standards
for Monroe County.
(4) Level 3 traffic studies shall include all elements of both Level 1 and Level 2 studies, plus the
following;
a. Ensure all intersections serving the development will operate at or above the County's LGS
standards;
34 Sacarma Drive, Cudjoe Key, Letter of Understanding(File 4 2014-214) Page 14 of 18
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b. All signalized and signalized intersections within one mile of the development shall be
analyzed; and
c. The study shall recommend mitigation measures for deterioration of LOS at signalized and/or
unsignalized intersections.
(5) All required traffic studies shall indicate that U.S. 1 has sufficient available capacity to operate at
or within five percent(5%) of a level of service of C as measured on an overall (countywide) basis
as measured by the U.S. 1 Level of Service Task Force Methodology. If the proposed
development will reduce the level service to more than 5% below a level of service C, the traffic
study shall indicate mitigation measures required to maintain the adopted level of service.
(6) All Level 3 traffic studies shall indicate that every paved County road within one (1) mile of the
parcel proposed for development and all bridges on U.S. 1 within six (6) miles of the parcel
proposed for development shall have sufficient available capacity to operate at minimum peak E
hour at or within five percent (5%) of a level of service D as measured by the methodology
identified in the most recent edition of the Highway Capacity Manual. If the proposed development
will reduce the level service on such roads and/or bridges to more than 5%below a level of service ,
D, the traffic study shall indicate mitigation measures required to maintain the adopted level of
service
(7) Traffic studies shall not be required for applications for a single family residence. y
Pursuant to LDC Section 114-201, "All entrance drives and street intersections shall provide
clear site triangles in loth directions as follows and as more fully set forth in the illustrations
that follow this section."
BAR SIGHT TRIAN61_=
(JNITHOU'T SHARED USE PATH) E
0
E
J
CV
A r
i , �
III
U
E) Q
i
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QL.EAR 51 C-HT TRI ANrgL.ES
(WITH SHARED USE PATH)
5 H A R E P 4 5 E P A T -A 5 H A R E P U 5 E �' A T H
A
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20. Any new residential/nonresidential development on the property would be subject to the
provisions of Chapter 138 — Rate Of Growth Restrictions.
Pursuant to LDC Section 138-21,"The residential ROGO shall apply to all residential dwelling
units, including institutional residential uses, such as nursing homes and rehabilitation centers,
for which a building permit is required and for which building permits have not been issued
prior to July 13, 1992, except as otherwise provided herein."
Pursuant to LDC Section 138-48, "Nonresidential ROGO allocation award required, No
building permit shall be issued after September 19, 2001 that results in additional
nonresidential floor area on a site unless that nonresidential development has received an
NROGO allocation award or is determined to be exempt as provided in Section 138-50."
Pursuant to LDC Section 101-1, "Floor area means the sum of the gross covered and enclosed
habitable areas of a building or any other covered and enclosed structure, measured from the
exterior walls or from the centerline of party walls."
21. No building permit shall be issued by the County for impact-producing development unless
the applicant has paid the applicable impact fees pursuant to LDC Chapter 126. For
redevelopment that increases the amount of dwelling units and/or 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
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I. If required, as part of any major conditional use permit application, among the other
requirements provided on the application, the Applicant must submit a signed and sealed site
plan, prepared by a Florida registered architect, engineer or landscape architect; a landscape
plan prepared by a Florida registered architect, engineer or landscape architect; and a
stormwater/ surface water management plan prepared by a Florida registered engineer.
2. The proposed development shall be consistent with all goals, strategies and policies of the
Loiver Keys Livable CarnmuniKeys Master Plan. These plans are available on the County
website at www.tnoi-iroecounty-fl.gov/iiidex.aspx?NID=259.
3. Prior to the issuance of any building permit, if such review is required, all proposed
development shall be found in compliance by the Monroe County Building Department and
the Monroe County Office of the Fire Marshal. Staff recommends that the Applicant coordinate
with these offices prior to application submittal. The Planning & Environmental Resources 2
Department does not review for compliance with the Florida Building Code.
4. The subject parcels are partially within the flood zones AE-10, VE-I 1,VE-12, and VE-13. All
new and substantially improved structures must be built to floodplain management standards
that meet those for flood protection, pursuant to LDC Chapter 122.
5. All development shall be required to meet all standards and requirements of the Americans
with Disabilities Act (ADA).
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* x
Pursuant to LDC Section 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 existing requirements and regulations. If the Monroe County Code or Comprehensive Plan is
amended, the development would be required to be consistent with all regulations and policies at
the time of development approval. The Department acknowledges that all items required as a part
of the application for development approval may not have been addressed, and consequently
reserves the right for additional comment.
04
You may appeal any decision, determination or interpretation made in this letter pursuant to
Monroe County LDC Section 102-185. A notice of appeal must be filed with the County
Administrator, 1100 Simonton Street, Crato Building,Key West,Florida 33040,within 30 calendar
days from the date of this letter. In addition, please submit a copy of your notice of appeal to the
Planning Commission Coordinator, Monroe County Planning and Environmental Resources
Department, 2798 Overseas Highway, Suite 410, Marathon, Florida 33050.
We trust that this information is of assistance. If you have any questions regarding the contents of
this letter, or if we may further assist you with your project, please feel free to contact the
Department's Marathon office at (305) 289-2500.
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Sincerely yours,
Emily Schemper, AICP, CPM,
Senior Director, Planning and Environmental Resources Department
Cc: Matt Restaino, Senior Planner
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