Item J10
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 15,2004
Bulk Item: Yes X No
Division: Growth Management
Department: Planning
AGENDA ITEM WORDING: Approval for one Restrictive Covenant from WF Enterprises LLC, for
floor area intensity reduction on a property described as 25 66 27 Sugarloaf Key Pt of Government Lot
5 and further described as AKA Block 1, Lots 4 and 5, Sugar10af Acres, and having the Parcel
Identification Numbers of 00117510,000400.
ITEM BACKGROUND: On September 8, 2004, the Planning Commission conducted a public
hearing to review, discuss, and make formal motions regarding Year 12 second annual allocation and
the Non-Residential Floor Area Ranking Report; and P46-04 approved a floor area allocation of 980
square feet for Permit 3014268 for WF Enterprises.
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. The
remainder of the floor area would be allocated in the Year 12 July allocation.
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 ~ OMB/Purchasing N/ A Risk Management N/ A
DIVISION DIRECTOR APPROVAL: ';1f: ~ ~~Jr :;'I./n!/oy
Timothy J ~AIC
DOCUMENTATION:
Included X-
To Follow
Not Required_
AGENDAITEM#~
DISPOSITION:
MEMORANDUM
TO:
FROM:
DATE:
RE:
Danny Kolhage, Clerk of the Court ~
Timothy J. McGarry, Growth Management Director ,{
November 24, 2004
Clarification of Agenda Item
Restrictive Covenant
Permit
Number
Name on
A~enda Item
Name on
Restrictive Covenant
Legal
Description
03014268
WF Enterprises LLC
WF Enterprises LLC
256627 SugarloafKey
Pt of Government Lot 5
AKA Block 1, Lot 4,
Sugarloaf Acres
This instrument prepared by:
Robin Szmansky
PO Box 420529
Summerland Key, FL 33042
INTENSITY REDUCTION RESTRICTIVE COVENANT
NON-RESIDENTIAL
1. WHEREAS WF ENTERPRISES, LLC the undersigned is the sole owner of the following
described real property located in Momoe County, Florida, described as follow:
PT Gov Lot 5, S25, T66, R27 and further described as:
Lots: 4 & 5 Block: l
Subdivision: Sugarloaf Acres
Key: Sugarloaf Key
PB:
Real Estate Number: 00117510-000400; and
2. WHEREAS, an application for building permit #03104268 for the construction of a
commercial building on the above described parcel has been submitted to the Momoe 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 building; and
. The floor area ratio of the property will be limited to a maximum of twenty-three percent
(23%) for a period often (10) years; and
. That the proposed structure has a Floor Area Ratio of 9.8 percent. The proposed structure
is 4,355 square feet on a 44,298 square foot parcel; and
. 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
Page 1 of2
INTENSITY REDUCTION Restrictive Covenant
..
.1
execution and recording of this document that this restriction shall run with the land and
shall be forever binding upon the successors in title; and
. This covenant is intended to benefit and run in favor of the County ofMomoe; 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 :20 ~
day of
&10
,2004
m~~
(Signatur
iJljRS
~c>~u+ '5 5,.... P>6...J
(Print/Type Name)
(Si~
Les L. Szmansky
- "
(print/Type Name)
g4~+ y .5 \. ""' ('oS tI-'
(Print/Type Name)
_Robin R. Szmansky
(print/Type Name)
Sworn before me this '2JSl
day of
~
, 2004, A.D.
.~tm\
Notary hc (pnnt Name)
At\\ "1 ~lL:N
,,,""~"H::tll AaN TRE.1TtV.l
~~I{f'.":-">i:~ ,..." ..'v..
~: "Ji."' :*~ MY COMMISSION. # CC 955495
~~71 E. XPIRES: November 18, 2004
",~~*,~,. BOIIdid'rhlu HoIlry PulllIo U_rtl8II
Notary Public (Signature)
My Commission Expires: \ \ 'IS'Ot.{
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INTENSITY REDUCTION Restrictive Covenant