Item I02
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 15.2004
Bulk Item: Yes X No
Division: Growth Management
Department. Planning
AGENDA ITEM WORDING: Approval for one Restrictive Covenant from J. H. Waterman Trust. Trustees, for
floor area intensity reduction on a property described as Lots 1,2,3,4,5, Block 1 Mandalay Subdivision, Key Largo
and having the Parcel Identification Numbers of 00554120.000000, 00554130.000000, 00554140.000000,
00554150.000000,00554160.000000.
ITEM BACKGROUND: On April 28, 2004, the Planning Commission conducted a public hearing to
review, discuss, and make formal motions regarding amended Year 12 annual allocation and the Non-
Residential Floor Area Ranking Report; and P25-04 approved a floor area allocation of 984 square feet for
Permit 03301238 for J. H. Waterman Trust.
PREVIOUS RELEVANT BOARD ACTION: On July 18,2001, the BOCC adopted Ordinance No. 032-2001, the
NROGO Ordinance. The Board of County Commissioners approved floor area allocation for NROGO Year 12 at
their meeting on November 19, 2003. On March 18, 2004, during a regular public meeting, the Board of
County Commissioners, passed and adopted by Resolution an amendment to the Year 12 annual allocation
that increased the available floor area to 16,000 square feet all of which is to be made available for
applicants in a single allocation in January, 2004.
CONTRACT/AGREEMENT CHANGES: N/A.
STAFF RECOMMENDATION: Approval.
TOTAL COST: X
BUDGETED: Yes N/ A No
COST TO COUNTY: N/A
SOURCE OF FUNDS: N/ A
REVENUE PRODUCING: Yes N/ A No
AMOUNT PER MONTH N/ A Year
APPROVED BY: County Atty l
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included X
ToFollow_ NotRequired_
AGENDA ITEM # ~ L2
DISPOSITION:
MEMORANDUM
August 26, 2004
TO:
FROM:
DATE:
RE:
Danny Kolhage, Clerk of the Court
Timothy J. McGarry, Growth Management D' ect
Clarification of Agenda Item
Restrictive Covenant
Permit
Number
Name on
Agenda Item
Name on
Restrictive Covenant
Legal
Description
0330-1238
J. H. Waterman Trust
James H. Waterman
Trustee
Lots 1,2,3,4,5, Block 1
Mandalay Subdivision
This instrument prepared by:
Gay Marie Smith
PO Box 1638
Tavernier, FI 33070
INTENSITY REDUCTION RESTRICTIVE COVENANT
NON-RESIDENTIAL
1. WHEREAS James H. Waterman, Trustee (J H Waterman TR AG 3-19-97), the
undersigned is the sole owner of the following described real property located in
Monroe County, Florida, described as follows:
Lot(s): 1, 2, 3, 4 and 5 Block: 1
Subdivision: MANDALA Y
Key: LARGO
PB: 1,194
Real Estates Number(s): 00554120.00000, 00554130.00000, 00554140.000000,
00554150.000000 AND 00554160.000000; and
2. WHEREAS, an application for building permit #03304223 for the construction of a
commercial building on the above described parcel has been submitted to the
Monroe County Building Department; and
3. WHEREAS, Suburban Commercial (SC) Land Use District allows the construction
of office space/storage; and
4. NOW, THEREFORE, the undersigned agree as follows:
. The above described non-residential structure is permitted as a commercial
building, and upon completion of the structure and final approved inspections
will receive a Certificate of Occupancy for a commercial office building; and
. The floor area ratio of the property will be limited to a maximum of twenty-three
percent (23%) for a period of ten (10) years; and
Page 1 of 2
INTENSITY REDUCTION Restrictive Covenant
00554120.000000,00554130.000000, 00554140.000000, 00554150.000000, 00554160.000000
. That the proposed structure has a Floor Area Ratio of 16.0 percent. The
proposed commercial structure is 2,500 Sq. Ft., the floor area ratio shall not
exceed twenty three (23) percent which would be 3,593 Sq. Ft.
. The restrictions herein shall be binding upon the representatives, heirs, assigns
and successors in title of the undersigned; it being the intention of the
undersigned by execution and recording of this document that his restriction
shall run with the land and shall be forever biding upon the successors in title;
and
. This covenant is intended to benefit and run in favor of the County of Monroe;
and
In the event of any breach or violation of the covenant contained herein, the said County
may enforce the covenant by injunction or such other legal method, as the County deems
appropriate.
EXECUTED ON THIS l.O..-day of ~
WIT S ES
,2004
OWNER
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~
~ ~T'C') "E..S ~ . W ~'T ~~ .f\...:::J
Print Name
, 20~, A.D.
Pete Mevers
ic (Print Name)
_...
Notary Public (Si nature)
My Commission Expires: \ ~ \ lo\ I:J 7
.
Page 2 of 2
INTENSITY REDUCTION Restrictive Covenant
00554120.000000, 00554130.000000, 00554140.000000, 00554150.000000, 00554160.000000