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Item S02BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Sg ember_21, 2012 Division: Growth Management . Bulk Item: Yes _ No X Department: Planning and Env. Resources Staff Contact/Phone #: Tiffany Stanldewicz 289-2513 Michael Roberts 289-2502 AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for John W. & Glenda Akins and John K. Akins R/S on Lot 23 and SLY 26 Ft Lot 24, Block 1, Doctors Arm, Big Pine Key, Real Estate Number 00310240.000000. Applicants requested relief in the fonn of restoration of flood zone points deducted. ITEM BACKGROUND: A building permit was applied for on 1/31/2007 and a ROGO application was applied for on 6/12/2007. A scoring error was found on the ROGO Application in regards to the flood zone points and the scoring was corrected on 4/27/2009. The applicant applied for administrative relief on 1/9/2012 and is within the allowable time frame to be eligible for administrative relief under Section 138-27(g) of the Monroe County Code. (g) Board of county commissioners action. At the conclusion of the public hearing, the board of county commissioners may take any or a combination of the following actions: (I) Offer to purchase the property at its fair market value as its preferred action if the property is located within: a. A designated tier I area; b. A designated tier H area (Big Pine Key and No Name Key); C. A designated tier III -A area (special protection area); or d. A designated tier III area on a nonwaterfront lot suitable for affordable ordable housing. (2) Grant the applicant an allocation award for all or a number of dwelling units requested in the next succeeding quarterly allocation period or extended pro rata over several succeeding quarterly allocation periods as the preferred action for buildable properties not meeting any of the criteria in subsection (f)(I) of this section. (3) Suggest or provide such other relief as may be necessary and appropriate. The property is in Tier 2. The property is not on the FEMA Injunction List. As of Quarter 3 Year 20 this application's market rate ranking was #33 out of 38 applications in the Big Pine/No Name Keys subarea. If the owner does not accept the offer provided by the Land Authority, the property remains in ROGO. The application will continue to earn perseverance points pursuant to the vesting provision for applications in the ROGO system prior to the effective date of Ordinance 09-2006. After the application has been in ROGO 5 years, it will begin earning 2 perseverance points per year for each year thereafter that the application remains in the ROGO system. The applicant may amend the ROGO application to increase points through land dedication or purchasing points. Staff recommends that administrative relief be awarded in the form of a purchase offer by the Monroe County Land Authority. PREVIOUS RELEVANT BOCC ACTION: n/a CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATIONS: Approval in the form of a purchase offer by the Monroe County Land Authority and deny restoration of flood zone points deducted. TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes N/A No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes _ No _ AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management N/A DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM #. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: Monroe County Board of County Commissioners From: Tiffany Stankiewicz, Development Administrator Michael Roberts, CEP; PWS, Sr. Administrator E4ental Resources Through: Townsley Schwab, Director of Planning & Environmental Resource .' Date: August 24, 2012 Subject: Request for Administrative Relief for Akins Lot 23 and SLY 26 Ft Lot 24, Block 1, Doctors Arm, Big Pine Key, Real Estate No. 00310240.000000 Board of County Commissioners Meeting Date: September 21, 2012 I. BACKGROUND The applicant is eligible for Administrative Relief, has complied with all requirements of the dwelling unit allocation system, has been considered in the first sixteen consecutive quarterly allocations and has not received an allocation award. Relief Requested: The relief requested is a rescoring of the application to restore points deleted for the VE zone (4), when the parcel was originally scored as AE, and any additional points for time passed. (The perseverance points have accrued annually in accordance with the Monroe County Code and have been included.) The Applicant also requested relief in the form of an allocation. Date Entered ROGO: 6/12/2007 Date Entered Administrative Relief: 1/9/2012 Date Amended Administrative Relief Application recieved: 8/23/2012 Tier Score: 10 Tier 2: 10 Flood Zone "V" (MCC Sec. 138-28(6)) -4 Perseverance: 4 This application was ranked #33 in Quarter 3 Year 20. Page 1 of 6 07100479 Reviewed by I II. CURRENT CONDITIONS 2 3 Location: Lot 23 and SLY 26 Ft Lot 24, BIock 1, Doctors Arm, Big Pine Key, 4 ReaI Estate No. 00310240.000000 5 6 Owner: John W. & GIenda Akins and John K. Akins R/S 7 8 Applicant/Agent: Law Office of Ray Garcia, P.A. 9 10 Land Use District: Commercial Fishing Special District 8 (CFSD 8) 11 12 FLUM: Mix Use/Commercial Fishing (MCF) 13 14 Tier: 2 15 16 Property is not on the FEMA Injunction list. 17 18 2011: Total Assessed Value: $72,308 .00 Purchase Price in 3/6/2009: Quit Claim Deed 19 documentary stamps do not indicate a price 20 21 I13.Additional Relevant Information: 22 23 A. Habitat 24 The property is located in Tier 2 and is considered vacant according to the Monroe 25 County Property Appraiser Record card. Water and electric are available. The habitat 26 consists of "developed land" and is scarified, partially fiIIed Iand. Vegetation on the 27 property consists of species common to Iow disturbed properties in the Keys including 28 broom grass (Andropogon glomeratus), beggar ticks (Bidens alha), sandspur (Cenchrus 29 spp.) and salt grass (Distichlis spicata). Many of the species on the property are 30 considered wetland indicators; however Environmental Resources staff has not conducted 31 a detailed assessment of the parcel to determine the extent of jurisdictional wetlands. The 32 parcel is not on the Wetland Lot list, and any wetland communities on site (if present) 33 would be classified as disturbed salt marsh and would have a KEYWEP score below a 34 7.0, making them suitable for development with appropriate mitigation under Monroe 35 County Land Development Code 118-10(f). While the parcel is NOT on the FEMA 36 injunction list, it is Iisted as potentially suitable habitat for both the Key deer and the 37 Eastern Indigo snake. The parcel also falls within the buffer area for the Lower Keys 38 marsh rabbit, but in accordance with the Habitat Conservation Plan for Key Deer (HCP), 39 development is not restricted on this parcel as it falls within the "green hatched" area of 40 Figure 2.2 of the HCP and development is permitted within these areas. 41 42 A. H Value 43 The H value for parcel 00310240-000000 is 0.0011, and mitigation for this parcel, if it 44 were to be developed with a single family residence, would be 0.0033. As of December, 45 2011 (the date of the Iast monitoring period), covered activities had consumed 0.3694 46 (33% of authorized impact under HCP) and mitigation acquired was 2.105 (63% of total Page 2 of 6 Reviewed by 07100479 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 required for life of HCP). Factoring in pending permits (allocations and permits currently on hold) and parcels currently competing in ROGO, and the total potential H impact for all current applications for development would be 0.6584 and the mitigation necessary to compensate for this level of impact would be 1.97 H. As stated previously, the County has already acquired 2.1054 H, and the BOCC recently authorized the Land Authority to purchase parcels from the Nature Conservancy that collectively have a H value of 0.1915 resulting in a total mitigation H total of 2.297 (see table below). Summary of H impacts and miti anon June 8 2012 Cumulative H impact 0.3694 Pending H impact 0.2361 Competing ROGO H im act 0.0529 TOTAL POTENTIAL H impact 0.6584 Mitigation Required 1.97515293 Current Mitigation Acquired 2.1054 Mitigation Pending TNCparcels) 0.1915 +Current + Pending Mitigation 2.2969 See Exhibits A-K attached relevant to the above information in Sections I, II, and III. IV. Previous Action by Owner Four contiguous parcels were submitted into ROGO on June 12, 2007. One of the properties (RE# 00310220.000000) was mistakenly marked by the surveyor as being in the AE flood zone and scored as AE. The subject property was clearly marked as VE on the applicants' own survey and site plan. It was similarly scored, although the property was actually in a VE zone, requiring a deduction of 4 points The property owner was notified of the scoring error on all four parcels by letter dated April 27, 2009, by certified mail, which receipt was returned as received (Exhibit L). Four more quarterly allocations by the Planning Commission were made in 2009-10 using the correct points moving the properties down on the ranking list from 22, 23, 24, and 25 to 40, 41, 42 and 43 at the time of the appeal to the BOCC which was filed after the March 10, 2010 Planning Commission rankings. The property owner(s) ("Applicant") filed an appeal to the Board of County Commissioners (BOCC) pursuant to Sec. 138-1(a) of the Monroe County Code, which allows appeals from the quarterly ROGO awards by the Planning Commission to the BOCC. The appeal alleged non -receipt of the notification letter lowering the scores on the ROGO application. The appeal was scheduled for July 21, 2010, before the BOCC but was withdrawn by the applicant and was not rescheduled by the applicant. No appeals have been received by the Department from any other Planning Commission ranking for other quarters. (See Exhibits K O) In October, 2010, the applicant, represented by the Law Firm of Ray Garcia, requested a continuance of the next Planning Commission public hearing for ROGO Allocations scheduled for October 6, 2010. The public hearing for Big Pine Key and No Name Key was continued until October 19, 2010, at which time Attorney Alexis Rodriguez appeared on behalf of Mr. Akins asking for an extension to contest the flood plain points. The Planning Commission accepted the staff recommendation to approve the rankings. (See Exhibits P-U) Page 3 of 6 Reviewed by 07100479 The chart below shows a chronology of activity related to the subject application. Application No. 07100479 Real Estate No. 00310240.000000 Building Application Date for Single- Jan. 31, 2007 Family Residence The Applicants Building Plans Pre Tier System minus 6 for VE flood zone indicated flood zone deduction points Survey from Lawrence P. Frank Entire property in VE zone. dated Dec. 4, 2006 indicated property flood zone. Building Department reviewed plans Reviewed for VE zone construction for AENE Zone construction. Building Department forwarded June 6, 2007 application to Planning to contact applicant to enter ROGO. Date ROGO Application submitted June 12 2007 Initial scoring of ROGO Application ROGO Application scored as if in AE Zone for Quarter that closed July 2007. Scoring Error discovered Early A ri1 2009 postTier System should have indicated 4 points Date certified letter sent regarding April 27, 2009 scoring error Date return receipt was signed May IS 2009 ROGO Rankings Quarter 3 Yr 17 Planning Commission Approved Resolution P23-09, June 10, 2009 Indicated scoring correction ROGO Rankings Quarter 4 Yr 17 Planning Commission Approved Resolution P42-09, Sept. 2, 2009 still referenced the scoring correction ROGO Rankings Quarter 1 Yr 18 Planning Commission Approved Resolution P55-09, Dec. 15, 2009 continued with correct points ROGO Rankings Quarter 2 Yr IS Planning Commission Approved Resolution PO4-10, March 10, 2010 continued with correct potnts Application Date for the Appeal of March 30, 2010 Applicant submitted appeal regarding the reduction of points Planning Commission decision to the Board of County Commissioners BOCC Staff Recommendation regarding Staff recommended the denial of the applicants' request. Appeal Appeal Scheduled to BOCC July 21 2010 Appeal Status July 20, 2010, notification from Lee Rohe, Attorney to withdraw ROGO Rankings Quarter 3 Yr 18 Planning Commission Approved Resolution P10-10, June 9, 2010 continued with correct points ROGO Rankings Quarter 4 Yr 18 Planning Commission Approved Resolution P21-10, September 8, 2010 continued with correct points ROGO Rankings Quarter I Yr 19 Planning Commission Approved Resolution P 14-10, December 14, 2010 continued with correct points ROGO Rankings Quarter 2 Yr 19 Planning Commission Approved Resolution P09-11, March 9, 2011 continued with correct points ROGO Rankings Quarter 3 Yr 19 Planning Commission Approved Resolution P 16-11, June 8, 2011 continued with correct points ROGO Rankings Quarter 4 Yr 19 Planning Commission Approved Resolution P26-11, September 14, 2011 continued with correct points Administrative Relief Application January 9, 2012. Administrative Relief sought is the return of flood zone points Date because the applicant believes initial scoring based on the AE Flood Zone was correct ROGO Rankings Quarter 2 Yr 20 Planning Commission Approved Resolution P08-12, March 28, 2012 continued with correct points ROGO Rankings Quarter 3 Yr 20 As of this report the rankings are pending review. continued with correct points Page 4 of 6 Reviewed by 07100479 1 2 V. ELIGIBILITY AND OPTIONS 3 4 Eligibility for Administrative Relief Options: 5 Section 138-27 of the Monroe County Land Development Regulations and Policy 101.6.1 of the 6 2010 Comprehensive Plan provides a mechanism whereby an applicant who has not received an 7 allocation award in the ROGO system may apply to the Board of County Commissioners for 8 Administrative Relief The applicant is eligible for Administrative Relief having complied with 9 all requirements of the dwelling unit allocation system and having been considered in at least the 10 first sixteen consecutive quarterly allocation periods, and not having received an allocation 11 award. The application was timely submitted for administrative relief and the applicant has not 12 expressed a desire to sell the property to the County. However, the applicant has indicated he 13 believes the initial scoring of the ROGO Application was correct and the surveys were correct. 14 Thus, the Administrative Relief sought by the applicant is that "the property scaring be 15 corrected to reflect the points entitled to the applicant and subject property under an AE flood 16 scoring along with additional paints that are in order for time passed ". The applicant is also 17 requesting an allocation. The perseverance points (additional points requested) have been 18 accruing. 19 20 Below is a map showing the Flood Zone of the subject property. 21 24 25 26 27 28 29 30 31 32 33 34 35 36 Subject Property (outlined in blue) (2012) White line shows separation of the AE Flood Zone and VE Flood Zone The subject property was marked VE by the surveyor. The VE designation for the subject property was/is correct. When development is proposed in the VE zone, the application receives a 4 point deduction. The applicant's plans show a single family residence in the VE zone. (See Exhibit V) The applicants are requesting that the BOCC determine the flood zone. The request is not appropriate since the BOCC does not determine flood zones and does not have the authority to revise flood zone designations. The Federal Emergency Management Agency (FEMA) determines the flood zones. The applicant would need to investigate the criteria to change the VE flood zone designation. Property owners may seek a Letter of Map Revision (LOMR) requesting a revision showing their property is located in a different flood zone. (There has Page 5 of 6 07100479 Reviewed by I been a property in Doctors Arm that obtained a LOMR.) The applicants may contact Mary 2 Wingate, Senior Floodplain Coordinator, for additional information regarding this process. 3 4 Relief Options under Administrative Relief: 5 The remedies available to the Board of County Commissioners for Administrative Relief 6 pursuant to Section 138-27 include: 7 8 a. Offer to purchase the property at its fair market value as its preferred action if the 9 property is located within: a) a designated Tier I area; b) a designated Tier II area 10 (Big Pine Key and No Name Key); c) a designated Tier III -A area (Special 11 Protection Area); or d) a designated Tier III area on a non -waterfront lot suitable 12 for affordable housing. 13 b. Grant the applicant an allocation award for all or a number of dwelling units 14 requested in the next succeeding quarterly allocation period or extended pro rata 15 over several succeeding quarterly allocation periods as the preferred action for 16 buildable properties not meeting any of the criteria in (1) above. 17 c. Suggest or provide such other relief as may be necessary and appropriate. 18 19 The Administrative Relief sought by the applicants requesting the scoring to reflect the points 20 entitled to properties located within the AE flood zone is inappropriate. The BOCC cannot 21 change the flood zone. Because the proposed development is located in a VE flood zone, the 22 code requires the four point deduction. 23 24 In the event purchase is recommended and the owner refuses the purchase offer, the 25 applicant may remain in the ROGO System and continue earning perseverance points 26 according to Monroe County Code Section 138-28. 27 28 VI. RECOMMENDATION 29 30 It is recommended that the Board of County Commissioners find that the applicant has met the 31 criteria and qualifies for Administrative Relief. It is further recommended that a Resolution be 32 adopted that establishes this relief by an offer to purchase by the Monroe County Land 33 Authority. 34 35 Attachments: Index of Exhibits 36 Exhibits A to V 37 38 Page 6 of 6 Reviewed by 07100479 RESOLUTION NO. --2012 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY JOHN W. & GLENDA AKINS AND JOHN K. AKINS R/S ON PROPERTY DESCRIBED AS LOTS 23 AND SLY 26 FT LOT 24, BLOCK 1, DOCTORS ARM, BIG PINE KEY, RE # 00310240.000000 IN THE FORM OF A PURCHASE OFFER FROM THE MONROE COUNTY LAND AUTHORITY. WHEREAS, John W. & Glenda Akins and John K. Akins R/S submitted an application for administrative relief under Sec. 138-27 of the Monroe County Land Development Regulations; and WHEREAS, the matter was considered at a public hearing before the Monroe County Board of County Commissioners (BOCC); and WHEREAS, the BOCC considered the staff report from Development Administrator Tiffany Stankiewicz and Senior Administrator of Environmental Resources Michael Roberts, along with the Exhibits_A_through V and WHEREAS, the BOCC heard testimony from the applicant(s) and from the applicants' attorney , from the Law Office of Ray Garcia, P.A. 14850 SW 261h Street, Miami, Florida; and WHEREAS, the public had an opportunity to speak; and WHEREAS, the Monroe County Board of County Commissioners makes the following findings of fact and conclusions of law: 1. The application for administrative relief from John W. & Glenda Akins and John K. Akins R/S is for Lots 23 and SLY 26 Ft Lot 24, Block 1, Doctors Arm, Big Pine Key in Monroe County, Florida having RE# 00310240.000000. 2. The date of the ROGO application is 6/12/2007. 3. The ROGO allocation application has been in the ROGO system for at least four (4) consecutive years and qualifies for administrative relief under Policy 101.6.1 of the Monroe County Year 2010 Comprehensive Plan. 4. Monroe County Code (MCC) Section 138-27 provides a mechanism whereby an applicant who has not received an allocation award in ADMINISTRATIVE RELIEF RESOLUTION Page I of 3 RE# 00310240.000000 07100479 ROGO may apply to the Board of County Commissioners for administrative relief. 5. The Board of County Commissioners (BOCC) has the authority to grant administrative relief under Section 138-27(f) and may grant the applicant a building allocation, offer to purchase the property at fair market value, or provide such other relief as may be necessary and appropriate. 6. The applicant applied for administrative relief on 1 /9/2012, under Section 138-27 of the MCC and Policy 101.6.1 of the 2010 Comprehensive Plan and filed an amended application on August 23, 2012.. 7. The relief requested was for the restoration of flood zone points which had been deducted from the ROGO application and/or (enough points for) a building permit. 8. The BOCC does not have the authority to change the flood zone or flood maps (Flood Insurance Rate Maps) which are determined by the Federal Emergency Management Agency. 9. Monroe County Code Sec. 138- 28 determines the scoring of ROGO applications for the respective flood zones. 10. The restoring of points to an application based on a mistake in the original scoring would be prejudicial to the ranking of other applications in the ROGO process. 11. The applicant(s)' ROGO application is correctly scored at the present time. 12. The relief requested by the applicant(s) for restoration of points is neither necessary nor appropriate. 13. Policy 101.6.5 of the 2010 Comprehensive Plan provides criteria to be used for determining lands that are appropriate for acquisition and the criteria includes the environmental sensitivity of the vegetative habitat on the lot and the applicable Tier designation. 14. The subject property has the land use district designation of Commercial Fishing Special District 8 (CFSD 8), is located in the Doctors Arm Subdivision and is located in a Tier 2 designated area. 15. Monroe County Code (MCC) Section 138-27(fl states the Board may offer to purchase property at its fair market value as the preferred action for property located within Tier 2. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: ADMINISTRATIVE RELIEF RESOLUTION Page 2 of 3 RE# 00310240.000000 07100479 Administrative relief is granted to John W. & Glenda Akins and John K. Akins R/S, for Lots 23 SLY 26 Ft Lot 24, Block 1, Doctors Arm Subdivision, Big Pine Key in the form of a purchase offer by the Monroe County Land Authority. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 2 1 " day of September, 2012. Mayor David Rice Mayor Pro Tem, Kim Wigington Commissioner Heather Carruthers Commissioner George Neugent Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA MR Mayor David Rice (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK P-n ADMINISTRATIVE RELIEF RESOLUTION Page 3 of 3 RE# 00310240.000000 07100479 Tier bee "t on Rforida Forever FL Forever Boundary Lard Use DesignaUoh OULoo MONROE KEY IE3Y %LWWS70d6 Environmental Resources This map is for use by the Monroe County Growth Management Division only, The data contained herein `w o is not a legal ropesentetion of boundaries, parcels, roadi right of ways or other geographical date. 4-4 PION24 by* Jn s VSHft EXHIBIT INDEX AKINS ADNHNISTRATIVE RELIEF APPLICATION 07100479 Real Estate Number 00310240.000000 A. Maps (Aerial showing location, Tier, Zoning, Habitat, Species) (Flood Zone Maps) (Maps showing County/State owned properties) Pages 1-4 B. Photos of area Page 1 of 1 C. Property Record Card Pages 1-4 D. Monroe County Tax Bill Page 1 of l E. Page prints from Community Plus Pages 1-2 F. Utility Service (Keys Energy Service) Page 1 of 1 G. Utility Service (Florida Keys Aqueduct) Page 1 of l H. Page from FEMA Injunction List showing parcel is not on list Page 1 of 1 I. (1) Amended Administrative Relief Application (August 23, 2012) Pages 1 —34 (2) Administrative Relief Application Pages 1-39 J. July 9, 2012 and August 21, 2012 email to Ray Garcia, Attorney Pages 1 of 2 K. ROGO Application Page 1 of 1 L. Notification Letter dated April 27, 2009 Pages l of 3 M. Appeal withdrawn from the July 21, 2010, BOCC meeting Pages 1-85 N. July 21, 2010, BOCC Revised Agenda Pages 1-14 O. July 21, 2010, BOCC Minutes Pages 1-16 P. Report to the Planning Commission dated September 27, 2010 Pages 1-57 Q. October 6, 2010, Planning Commission Agenda Pages 1-2 R. October 6, 2010 Planning Commission Minutes Pages 1-5 S. October 19, 2010 Planning Commission Agenda Pages 1-3 T. Third Party Authorization Pages 1-3 U. October 19, 2010 Planning Commission Minutes Pages 1-6 V. Survey & Site Plan Pages 1-3 Land tke DO�ghaEian Subject Property: Akins rem Adm. Raga( w-Mo4 ly gmrt aMowtdon award by 111"lunder "W Sy"-, _ AkW parrtla w1h Adm.. RvWApOkvtlmw Coady lsnda: August 2012 State Lwidc August 2012 MCPA.CBO.Purtl,PuMk needs Sinn N W+E Sz Ina I � � ( , ri Property Search -- Monroe '-)untyT�-operty Appraiser Page I of 4 nomak Karl D. Borglum Property Appraiser Monroe County,. Florida Plantation Key (305) 852- 7130 Property Record Card Website tested on Intemet Explorer. Alternate Key: 1382353 Parcel ID: 00310240-000000 Requires Adobe Flash 10.3 or higher ............ - .. .... .. . . ......... ............................... . ............... ............................ . . . ....... ...... ... . ..... . ......... . . ............ Ownership Details Mailing Address: All Owners: AKINS JOHN W AND GLENDA AKINS JOHN K R/S, AKINS JOHN W AND GLENDA PO BOX 246 KEY LARGO, FL 33037 PC Code: 00 - VACANT RESIDENTIAL MIllage Group: 100H Affordable Housing: No Section -Township- 14-656-29 Range: Property Location: VACANT \A[ITTERS LN BIG PINE KEY Subdivision: DOCTORS ARM Legal Description: SK 1 LT 23 AND SLY 26 Fr LT 24 DOCTORS ARM SUB PB3-141 BIG PINE KEY OR409-382185 OR788- 1431 OR849-801/02 OR1 384-33 OR2101-1467 OR2404-841 OC 5 -)://v.v,rw.mcnafl.orLY/PronSearch.asT)x 0/4/?nl') Page 2 of 4 Land Details Land Use Code Frontage Depth Land Area M1 OW - RES WATERFRONT 0 0 14.680 00 SF . . ..... .. . ... . .. Appraiser Notes 1412012012 • PER mc- BLDG DEPT SFR PERMIT REMAINS IN ROGO, NOT YET ESSUED (SA) 6/4/2012 Property Search -- Monro- 17ount- Droperty Appraiser &tT 26 OF LOT 24 (RE 003W250-000000 Af, 1382361) MA3n110 REQUEST, DONE FOR THE 2007TR 5/08/07 JDC IMN 2.11 11111:104161411=43 ,-Rr,uilding Permits ILMZ-9 -----LIumber Date Issued Date Com Oeted Amount Description Notes 07100479 350,000 SFR Roll Total Bldg Total Mlec Total Land Total Just Total Assessed School School Taxable Year Value Improvement Value Value (Market) Value VMue Exempt Value Value IN III 2010 0 0 102,760 102,760 102760 0 102,760 2009 0 0 102,760 102,760 102,760 0 102,760 2007 0 0 411,040 411,040 411,040 0 411,040 2006 0 0 127,500 127,500 127,500 0 127,500 2004 0 0 51,000 51,000 51,000 0 51.000 2003 0 0 44,625 44,625 44,625 0 44,625 2002 0 0 44,625 44.625 44,625 0 44,625 2001 0 0 44,625 44,625 44,625 0 44,625 2000 0 0 44,625 26,775 26,775 0 26,775 1999 0 0 44,625 26,775 26.775 0 26,775 1998 0 0 44,625 26,775 26,775 0 26,775 1997 0 0 44,625 26,775 26,775 0 26,775 1995 0 0 44M5 44,625 44,625 0 44,625 - -------------- - - - 1993 0 0 44,625 44,625 44Z25 0 44,625 1 1992 0 0 44,625 44,625 44,625 0 44,625 1991 0 0 44,625 44,625 - - -- - -- ----- 44,625 0 44,625 1990 0 0 41,650 41,650 41,650 0 41,650 1989 0 0 37,825 37,825 37825 0 37,825 1987 0 0 25,500 25,500 25,500 0 25,500 1986 0 0 26.500 25,500 25500 0 25,500 1984 0 0 22.000 22,000 22,000 0 22.000 http://www.mcpafl.org/PropSearch.aspx 6/4/2012 Property Search -- Monre ';ounv 13roperty Appraiser Page 4 of 4 1983 0 0 22,000 22000 22,000 0 22,000 1982 0 0 15,909 15,909 15,909 0 15,909 Parcel Sales 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 sale record to be processed Thank you for your patience and understanding Sale Date Official Records Book/Page Price Instrument Qualification 316/2009 2404 J 841 100 Qc 11 3/3012006 2101 11457 1 VVD. M This page has been visited 3,399 times. Monroe County Property Appraiser Karl orglurn P.O. Box 1176 Key West, FL 33041-1176 http://www.mcpafl.org/PropSearch.aspx 6/4/2012 {cn k , �.. e � '[F P N OE dP, 69LC CIL 6 LLJ in -j in LL LU w Ul C) i iTI-1 1 i �r Cl y `M � � lq :1� �:h, �� iri � 11:J1 �t :i1 �„ :.� � a� 11 �• 1i ri �i;�f - If 11 ;�.+ �:' Jlr ' 1J 1 F;►. i 1 .1 i :N is 10 1 Di,:A 14 1 OLIPS ! I N` TO APPLYING FDR WAIMR SHMTIW�;,! ' R1' "IL ! commercialbudding(s) :[" 1. rplsW or property on US. 1, thisform is not applicable. ;1WRATi F s•► 1' �LI 0 ..y 1, �r.;. . i .�! ••� '� �i rr . . .y Tr 2. FKAA dmwingsirmficate that there is an adsfing uwh water main in fiont of the subject property ad Ow footage is due for ft subpa lot(s) of S for 3. A water main extensionwill be mquhvd prior toinstallingRdw subject.1 1 .. n.. fortheextensionis linear1 inchincluding valves and finings. and will be subject to verification at the tirnt application is made. The above infixmation is the beit available to the FKAA. Should ow rem* be incwWlete or in am. dw customer may - i'.. r " , . , ;ti�'.,..c.f "'3 a..:�. •.� „ !�. r 1� a ,.;;ai w� i �,h 1 1 i ` 1 u NOTE: Now Inxb&tion and Front Footage Fen 41f applicable ) are in addition to the cost omy water main fextwx1m at the owner's e4peam A complele oft of phm will be requh;�30,caku �, fwLr 1' ! FXAA No. 142 ) II3199:l:.Ial r[: 11 1•"-1111r1 00310020-000000 li 11 l-011.1 f t 1 1 i 04 - 00000 1 l3 r' 10-I r l l r'A 103r•:1 O 111O 0 49 -1 l 1 LI 4 1.13 ly1I 111D 00310510-000000 00310520-000000 003109404DO0000 113 1• 1 111. 0 003109904)00000. 0 # 1.1--110 1 1134 1 1 # 111 11O 1031 R Irl 0 1 I K 1 14XXX Ir! 00311210-000000 003112204MM 1 IK 1--# 1'I r 1'! 0 1--11111'! 1I31--1.1111.y 0 .1 111 00 0 r--1 11 001 I,K : 1 1 1 b l r 'R 003112OD400000 I Ik I r0-t 11 l l•t 1 Ik" 1--E 1•0l 1`1' 0 / ! 11111 003113304XXM 0 1--l0r I P1 0 1--111111 003113604XXXM 0 A-l11111 IK : 1 l 11'1-i 1 l+ ' 1--1 1 11 r00 1 IK /--•1.11 1 1I39-l11110 03115014Xl!M 0 1 0111r°1' 0 14 !i10 0 1 !'1i111 113 ' 0 O rOr.l. 1I3i-t111O<I 1I3.1--l111#1 00311570-000000 003115804)00000 031 •1--01110E O': 1 1# 1 1 1•I E 0 -0001 1 E cl ` N (1 IF Revised Administrative Relief Application received via email August 23, 2012 Stan kiewicz-Tiffany From: Natafine Garcia <ngarcia@raygarciafaw.com> Sent: Thursday, August 23, 2012 5:17 PM To: Stankiewicz-Tiffany; Grimsley-Susan; Ray Garcia (rgarcia@raygarciafaw.com) Subject: RE: administrative relief applications Attachments: (4) Amended Application 07100483 8.23.12.pdf, (3) Amended Application 07100485 8.23.12.pdf, (2) Amended Application 07100486 8.23.12.pdf, (1) Amended Application 07100479 8.23.12.pdf Importance: High Please see attached. Thanks Nataline Garcia, Legal Assistant THE LAW OFFICE OF RAY GARCIA, P.A. 14850 SW 26th Street, Suite 204 Miami, Florida 33185 ngarcia(&rMarcialaw.com www.ranoicialaw.com (T) 305-227-4030 (F) 305-223-9811 This message is for the named person's use only. It may contain confidential, proprietary or legally privileged information. No confidentiality or privilege is waived or lost by any mistransmission. If you receive this message in error, please immediately delete it and all copies of it from your system, destroy any hard copies of it and notify the sender. You must not, directly or indirectly, use, disclose, distribute, print, or copy any part of this message if you are not the intended recipient. THE LAW OFFICE OF RAY GARCIA, P.A. reserves the right to monitor all e-mail communications through its networks. Any views expressed in this message are those of the individual sender, except where the message states otherwise and the sender is authorized to state them to be the views of any such entity. CIRCULAR 23o NOTICE: To comply with U.S. Treasury Department and IRS regulations, we are required to advise you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this transmittal, is not intended or written to be used, and cannot be used, by any person for the purpose of (i) avoiding penalties under the U.S. Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this e-mail or attachment. -------- Original Message -------- Subject: RE: administrative relief applications From: Stankiewicz-Tiffany <Stankie -Tffan Mon roeCgu n-FL.Gov> Date: Thu, August 23, 2012 5:07 pm To: 'Nataline Garcia' <ngarcia@raygarciafaw_com>, Grimsley-Susan <Grimsley-Susa!I@MgnMecounty-fI.gov>, "Ray Garcia (raarcia(&raygarciplaw.cgm)" <r arcfa r arciaf w.com> Only one application was scanned. We needed to see all four, scanned amended applications. From: Natafine Garcia f maiito:ugarcia(dray-garcialaw. com1 Sent: Thursday, August 23, 2012 4:31 PM To: Grim sley-Susa n; Ray Garda (rga_rcia@raygp[gialaw.com Cc: Stankiewicz-Tiffany Subject:' RE: administrative relief applications Importance: High Hi Susan: Please see attached, Thank you, Nataline Garcia, Legal Assistant THE LAW OFFICE OF RAY GARCIA, P.A. 14850 SW 26th Street, Suite 204 Miami, Florida 33185 ny—ardigaroMrcialaw-com www.raMrcialaw.com (T) 305-227-4030 (F) 305-223-9811 This message is for the named person's use only. It may contain confidential, proprietary or legally privileged information. No confidentiality or privilege is waived or lost by any mistransmission. If you receive this message in error, please immediately delete it and all copies of it from your system, destroy any hard copies of it and notify the sender. You must not, directly or indirectly, use, disclose, distribute, print, or copy any part of this message if you are not the intended recipient. THE LAW OFFICE OF RAY GARCIA, P.A. reserves the right to monitor all e-mail communications through its networks. Any views expressed in this message are those of the individual sender, except where the message states otherwise and the sender is authorized to state them to be the views of any such entity. CIRCULAR 230 NOTICE: To comply with U.S. Treasury Department and IRS regulations, we are required to advise you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this transmittal, is not intended or written to be used, and cannot be used, by any person for the purpose of (i) avoiding penalties under the U.S. Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this e-mail or attachment. -------- Original Message -------- Subject: administrative relief applications From: Grimsley-Susan <Grim ey-Susan(a)m,gnroecounty-fI.gov> Date: Thu, August 23, 2012 10:21 am To: "Ray Garcia (rgg_r41a@ravgarc1a1aw.com)" <rgarciaCai)raygarcialaw.com> Cc: "Nataline Garcia (ngar'a(&raygarci,@J51w.com)" <n rci r i laws m>, Stankiewicz-Tiffany <Stankiewicz-Tiffany(@ Mon roeCounty-FL. Gov> Please send scanned copies of all the applications in total today and send paper copies by FEedex. Our agenda deadline is tomorrow. Susan Grimsley, Asst. County Attorney 1111 12th St. Key West, FL 33040 Ph. 305.292.3470 Fax 305.292.3516 Marathon Telephone 305.289.2500 APPLICATION MONROE COUNTY 1 PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT : aAw i�t � it APPLICATION FOR RESIDENTIAL ADMINISTRATIVE RELIEF '€ Administrative Relief fee: $1,011.00 ATTACHMENTS: 1) COPY OF CURRENT PROPERTY RECORD CARD, 2}COPY OF THE RECORDED DEED OF THE SUBJECT PROPERTY AND 3) A VEGETATION SURVEY DATED WITHIN SIX MONTHS z; OF ADMINISTRATIVE APPLICATION SUBMITTAL. IF YOU HAVE QUESTIONS OR WISH TO MAKE AN APPOINTMENT TO DELIVER YOUR APPLICATION PLEASE CALL THE GROWTH MANAGEMENT OFFICE CLOSEST TO YOUR PROJECT. � 1 Property Owner's Name:y )! n K. M cns,,j3!m w.R&as t 4 lawda� LKi( S MadamCorp Deawmeata 9Ww[ng who b aatMorited to dta) Property Owner's complete mailing address:, P © aA KtU LCCo EL 3303"7 Phone:.305 - Z17 - q03'0 Fax:81 I Agent's Name: L%N bf R P- Pr (Required far at;ama: am agem aaduriutim WON ROOOAppLiftVm from all pmpaty awr n) t� ` Agent's complete mailing address:148 SW ;L(Q 'ST, Lc--)�'rjLUfa ' ,Q 19 Phone:,X6 - 14D30 Fax: 3CD6- D-2Z-9 % j ! (Please attach a notarized statement authorizing representation of this application by aII property owners. The statement should read: AI, (owner's name) authorize (individual you are authorizing to represent you) to represent my property for this application for istratiefl. Iief .5v N(a [,a t- ;L `4 PROPERTY DESCRIPTION. Lot °�?� Block . _ . Subdivision ` 0 Of5 fA/"YV t Key(isIand):1j114 P1Y)2,, Street: MM: RE: 00310,3LA000CV00 If metes and bounal, attach description on separate sheet Building Permit Application #: Lq O yi Date of most recent ROGO application: UY\Q. a "I What kind of administrative relief are you seeking?bl LaE rt.qa pQ, 0 pj1 QQW 0n us tic"' Pum mm to Momme Coumy Code prahsred 9aatd of Cmnry Cammasionam act' to oira tftha d Tior 1. Il, 3il-A (Special Protectjon Arp); or Ip as tlplwamlftani lot aURahle Por alTorda6la housi�. .1 n .Ls : Il _ r 1.�12 +1 NOTARY: STATE OF FLORIDA AppIicanift Signature COUNTYOF_ waym -woLL - 1 The foregoing signature was acknowledged before me this day of 0 I a By mG�J2JQ' who is personally known to me or produced (P M6o PERSONSiGNING) " as identification. My com ' . n pires: &P,(qA lit S Signature of N Public, State of Florida 4p AN A MIS 1adrtveeuaaer.+ TO BE COMPLETED BY STAFF- DATE: _ 1. ROGO APPLICATION # Page 2 of 2 Applicants Initial and date; Adm Relief Residential Application Dec 8 2010.doc ., APPLICATION MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT u.~ y APPLICATION FOR RESIDENTIAL ADMINISTRATIVE RELIEF i Administrative Relief fee; $1,011.00 �it�t 4 Monroe County Code Section 138-27 Requirements for Adminisiradve Relief: „ (1) Ifan applicant far an allocation award: a. Whose application r Permit Allocation System_ and falls to receive an allocation award, said applk wt may apply to the board for administrative relief pursuant to the terms and conditions set forth herein; and b. proposed Whose P 1 development otherwise meets all applicable county, state, and federal regulations; and c. Whose allocation application has not been withdrawn: and d. Who has complied with all requirements of the Permit Allocation System; and e. Applicant follows procedures for administrative relief contained in the land development regulations. (2) An application for administrative relief shall be made on a form prescribed by the Director of Planning and may be filed with the Director of Planning no earlier than The conclusion of the iomth Fourth annual allocation period, (3) Upon filing of an application for administrative relief; the Director of Planning & Environmental Resources shall forward to the board all relevant files and records relating to the subject applications. Failure to file an application shall constitute a waiver ofany rights under this section to assert that the subject property has been taken by the county without payment of just compensation as aresult ofthe dwelling unit allocation system. (4) Upon receipt of an application for administrative relief, the board shall notice and hold a public hearing at which time the applicant will be given an opportunity to be heard. (5) The board may review the relevant applications and applicable evaluation ranking, taking testimony from county staff and others as may be necessary and hear testimony and review documentary evidence submitted by the applicant. (6) At the conclusion of the public hearing, the board may take the following actions pursuant to Monroe County Code Section 438-27(f) and Monroe County Comprehensive Plan Policy 101.6.1 and Policy 101.6.5: IL Offer to purchase the property at fair market value as the Board of County Commissioners preferred action if the property is located within: i. a designated Tier 1 area; ii. a designated tier Il area (Big Pine Key and No Name Key); iii. a designated Tier Ill -A area (Special Protection Area); or iv. a designated Tier Ill area on a non -waterfront lot suitable for affordable housing. "Fair market value" shall be an amount which Is no less than ad valorem valuation in the Monroe County Real Property Tax roll for the year 1992. b. Permit the minimum reasonable economic use of the property. "Minimum reasonable economic use. means; as applied to any residentially zoned lot of record, which was buildable immediately prior to the effective date of the Plan, no less than a single-family residence. c, Suggest such other relief as may be necessary and appropriate. (7) Limits on administrative allocations per quarter: The number of allocations that may be awarded under administrative relief in any one quarter shall be no more than fifty percent of the total available market rate allocations available in a quarter for that subarea, Any allocations In excess of fifty percent shall be extended into the succeeding quarter or quarters. until the number of such allocations is fifty percent or less of the total number of market rate allocations available to be awarded. (8) Refusal of the purchase offer by the property owner shall not be grounds far the granting of a 11000 allocation award. Page 1 of 2 Applicants Initial and data: Adm, Relief Residential Application Dec 8 2010.doc 5� EXHIBIT 1 m Property Search -- Monroe County Property Appraises' Page 1 of 1 Karl D. Borgium office (305) 2923420 Property Appraiser fax (35) 292-3501 Website tested on Monroe County, Florida intemet Expiorer GIS Mapping req ire$ Adobe Flash 10.3 or hfgher. (An Export Map widget is in the lower left corner.) Property Record View Alternate Key.-1382370 Parcel IA: 00310260-000000 ownership Details MalUnp AddWs: All Owners: AKINS JOHN WAND GLENDA AKSNS JOHN K RIS, MONS JOHN WAND GLENDA Po BOX 24" KEY LARGO. FL 33037 Property Details PC Code: 00 -VACANT RESIDENTIAL ROMW GroW 100H AHordabls NO Houslow Sedlon-T 14456.29 Props Loeadon: VACANT WITERS LN ING PINE KEY SuddMalon: DOCTORS ARM Legal Deecrlptlon: SK 1 HLY 24FT OF LOT 24 AND ALL LOT 25 AND SLY 17FT LOT 26 DOCTORS ARM SUB PS3.141 BIG PINE KEY OR409-38M OR788.1431 OR8494M/02 OR138433 OR2101 1467 OR2404-941 O/C Land Details Land Use Code Frontage Depth Land Area M10W - RES WATERFRONT 0 0 14.746.00 SF Misc Improvement Details Nbr 0 Units Length VVk th Year Bulit Rall Year Grade LJre 1 CL2!CH LINK FENCE 402 SF 67 0 1984 Ism 1 30 Appraiser Notes REMOVED OVERRIDE AS LOT iS BEING USED. N EXHIBIT 2 Ve-getatiorl 5urveq PROJECT AKINS DEVELOPMENT GAL DESQ8IEMQN BLOCK t , LOT 25 & PORTION OF LOTS 24. 26 DOcTORs ARM, BIG PINE KEY 10/17/201 71 TINGLER LANE, MARATHON, FL 33050 W W W.,iuuE-cHEON@HOTMA[L.COM PHONE (SO5) 395.1985 FAX (305) 743,4587 LkI mk, I I,fit 311 4' I. s rl 4,n, key Y ;14 ; . Uooc(im; A,'ir, Overview: The. following kerrt includes a site- description, a list of vegetationlocated on site, and a neap indicating the location of relevant features and all Listed species. Site visits weraperformed on performed on October St' and 220d 2011. Site Descriudgn The above referenced parcel is approximately 14,746 square feet (si) and is located in an improved subdivision. The parcel is bordered on the north and south by similarly vegetated vacant parcels, on the west by a paved road, VJiam lane, and on the east by a dredged open water shoreline. Please see "Attachment A" for a location map. The property is located within the National Key Deer Refuge. The parcel is disturbed and, with the exception of the shoreline, is predominantly vegetated with groundcovers. Much substrate is hard -packed and may have been paved over is areas at one time. Some areas have a thin to moderate layer of sandy suhstrate. Other areas have a sandy organic mix. The land appears to have been previously used for a trap yard, as trap debris is located on site. Shell fragments, presumably scraped from traps, are located on the proptrty. Doer scat is located throughout the property. The shoreline contains a mix of mangroves and buttonwood. The Monroe County Habitat Maps classify this parcel as "Undeveloped Lands. " The parcel is predominantly vegetated with Andropogon glomeratus, Phyla nod)lara, Fimbrrstylis cymosa, Sporoboho virginicus and Mmehlis spicata. Many of the species located outside of the shoreline arc considered species that inhabit wetlands. There are pockets of algal growth on the parcel, but algal matting is not distinct The substrate is does not appear to be indicative of a wetland. No other wetland indicators were located outside of the shoreline. Although the property does .not appear to be a functional wetland a formal jurisdictional determination from the Florida Department of Environmental Protection and the Army Corps of Engineers is recommended. eel ote: Brazilian Pepper is the only invasive exotic species regulated by Monroe County located on site. This species is relegated to one small specimen. All Brazilian Pepper must be eradicated from the site prior to a certificate of occupancy being issued. There are two Listed species (Coriocarpus erectus, Phyla nod#76rd) and three state protected species (mangroves) on. site. A species is considered Listed if it is designated Endangered (E), Threatened ('1'), Regionally Important (RI), or Commercially Exploued (CE), or if it is a Native species greater thart 4" diameter at breast height (N>edhh). All Listed species require mitigation if impacted by developmerrt. All Conocarpus erectus have been tagged on site with orange tape. hue to the prevalence an4 the mat-fonniag growth pMrn of the Phyla nodiJlora individual species were riot always tagged. When passible individual specimen were identified. In areas where the density of P. nodii fora Julie Cheoa at rcnmenia�Gcriirilltant` )��, lk#s �..� R ;ve �� df'�°•+.+iL ,.�R �.��, 'j:i 1�:�r. tt`C't:4fi. or the location of plants mixed with dense groundcovers prevented the idendfication of Individual from being determined the number bf.speeimen were estimated as follows: Observation of individual specimen indicated that a mature plant spread to an approximately a 3' x 3' area for a total of 9 square feet. Areas with dense coverage were measured and the number of species estimated utilizing the formula of 1 specimen for every 9 square feet. To facilitate enumeration the parcel was divided into trensects as shown :in Attachment B. The number of Phyla nuodrjlora located in each section is indicated on the map. Monroe County Code requires monetary mitigation for ail impacted species. The mitigation amount is calculated by Monroe County depending on the species and its size. All protected species are shown on the attached map. Plum note that locations are approximate due to the density of the vegetation and the limitation of the measuring device used (measuring tape). Appropriate permits must be obtained from Monroe County prior to. removal of any vegetation. Please consult the Monroe County Biologist for specific requirements. Please feel free to direct any questions regarding this report to the author at the above referenced contacts. ek.K,',, I, ",I a� Fr.wcPn Lo, 14 6, 04wt,),N Aon 5pec-hw List Scientific hLawe CQ==N=q Status wedandsta" —NQtm Andmpogm g1wwrafta Broom Grass N FACW(DE?)FACW+(ACOE) Prevalent Avlatmin SerqdFNVU Bla& Mangrove N OOL M9P. NV/1) Balls marilinsa saftwort N OOL(bgp"kom Shorelme BWmAlba BMW Ticks N Cb"aloba uvijkra Seagrape N FAC (Nn Conocarpiss maw Green Buttoawood N FACW(DEP) FACW+ (Nn Bull RnzW Swamp Plat Socip N FACW (DM, NWI) Dh"i Ir ViaWa SattGMS N ORL (DEP) FACW* (Nn Ernadira Ilibratis - Beach Creeper N FAC (DEP) Eumma m Seaside Gehfian N FACW(DEP) FACW+ (NWI) Flm&"10 cy— (aka Hurricane Grass N FAC (DEP) Prevalftl F. spathaceig FACW (Nn Fkryerla KneaKy Y6UOVftP N FACW �EP, NWD Gdadia striala 1011119— N 'p—p—p— Railroad Vim N FACOWD Z-X-=d—roCe,w*$a whimmangow N OBL (DEP) FACW+ (NWI) A&IOPIUM WOMAN Poisaawood N FAC ODEP) FACqN" Jld%lania scaNdew Climbing Hemp Vice N FACW+(NWI) FWa no&flora MaWmeed IU FAC (DEP) FAC W(MM RhWph" mangle Rod Mangrove N OBL (DEP, N" State Protected Sarcostamma clausam White Twintvine N FACW (Nn SchimisferebiALWoRa Brazilian Pepper IEX FACW PEP. NV/1) Sohmm Man4hum Polawtree N FACW(DEP) Shoreline Spenwcoce vertkillata Shrubby Pallse Butloftweed 4-oboha virvolicu; SMOK" Dropseed N OBL(DEP) FACW+(NWI) Prevalent Unidentified Gnu Unidentified Groundcover Key -Status "All 'Protected ex Exotic non-native (maybe naturalized) END ErdaNered All Protected lEX Invasive Exotic Removal Prior to CO Required N Native 4' dbh piolected Pi Regionally Important All protected T I" Threatened - All Protected MI M41111 w M- li a Iq EXHIBIT 3 ADMINISTRATIVE RELIEF SOUGHT On March 2010, the applicant John K. Akins, filed an appeal to the Board of County commissioners about the reduction of ROGO points and the rankings approved by the Planning Commission March 10, 2010 under resolution 04-1.0 which affected his ROGO applications in regards to this subject property. The appeal was based on the original scoring of the property by Monroe county as being in an AE flood zone when the property according to Monroe county was in allegedly in a VE flood zone (4 points), The actual VE flood zone point change placed on the subject property occurred when the planning commission approved quarterly rankings on June 10, 2009. According to Monroe County, on or about April of 2009, the Planning & Environmental Resources Director reviewed the documentation in regards to this subject property that was in the County files such as flood zone maps, survey, and plans and determined that a scoring error occurred by the Monroe County staff regarding the flood zone point allocation on the subject property and the Director further determined that the scoring errom occurred on the four applications of the applicant. Based on the findings, the Department changed the applicants ROGO rankings for the subject property. The applicants rankings moved down approximately 18 places in the ROGO system. To better understand the impact of this error by the staff of Monroe County, the rankings prior to the change showed the applicants ranked 22, 23, 24, and 25 and the next rankings with the alleged corrections showed them at 40, 41, 42 and 43. Because the staff concluded that the property scoring was to be adjusted to reflect a VE flood point deduction, the applicant has suffered incredible financial loss, especially considering that the development that had begun on the subject property had to be halted and substantial monetary loss has occurred. The applicant believes the initial scoring was correct and the surveys on record in this matter reflect an AE scoring. The administrative relief sough by the applicant is that the property scoring be corrected to reflect the points entitled to the applicant and subject property under an AE flood scoring along with additional points that are in order for time passed. In the alternative the applicant seeks a building permit point allocation in order to obtain the necessary permits to build. EXHIBIT 4 a. f County of Monroe Gmwdi Mmiag=mt Division n0aftam2m Ilonly 9 !;�'Dft2 TAM "k J. MurAW, OUL 5 Met" FL I" Vat= = 289-M =W *61=m= S- FAX, 005) 28"m MaiondQeuara Dht4 CMTIFMD MAIL 70062150 00010488 1131 Apfil 27,2009 John Akins 107 Fimt T-duzoa Key Large, PL33037 R&- Re GO AMUCWM 07I00486; 07100479,07100485; 07IMM Dow hk. AJ&L- 71m pkmft & Envhuwn=W Remmrm Dqww2w has hmA a wading error an ROGO W 071 OD4*, 07100479; 07100485; 07100483. 7ba proposed davdapment in each of ftm VpHcadm is located in fix IV* flood zona Mombm each application bu been -given the -4 point usi for being bubd in the Ir xona ape" flood hazard arm If YOU have My lam contact the at 306-289-2513. Sr. Punning TedL cc: Town&Y Schwab, Plennins & Evviromnental Remurm DfivOor 0 EXHIBIT 5 m Y MaNttQH COUNrt.PLANKI rc & lENV'F-O aaNr.4E.Rso .BrLPARTKJWs W,'46 ive a be CfidnZPPOf9aVxdIaxdfimai To: Planning Commission Frain: Tiffany Stankiewicz, Development Adminfstmtor Through: Townley Schwab, Sr. Director of Planning & Fin " eatal Resmtrrces Date: September 17, 2010 Subject: Residential Dwel&ng Unit Evaluation Report for Big Pine/No Name Key Subarea Quarter 4, Year 18 Meedgg DOC: Septe®ber 8, 2010 continued to September 22, 2010 I This report has been prepared pursuant to Section 138-20 of the Land Development Regulations 2 (LDRs), The proposed residential dwelling unit rankings (Big Pfne/No Name Key Subarea) 3 aftachad to this report arc for the fourth quarter of year eighteen which covers the paw April 4 13, 2010, through July I2, 2010. 5 6 D NA GLGA allNP ffZaWi�7�1� 7 8 The public hearing for dw Big P=wNo Name Keys Subarea ROGO allocation and ranfang 9 determination was continued by the Flarsuug Commission f-orn September S, 2010, to let Ba310 10 Prevatt present i05arivation on behalf of Mr. John Akins regarding flood zone.scoring corrections I for properties identified by real estate numbers 00310220.000000, 00310240.000000, 12 00310280.000000, 00310260.000000. 13 14 A. FSIQRY OF AK£NS APPLKAIION�. 15 16 On March 30, 2010, the applicant, John K. Akins, filed an appeal to the Board of County 17 Commissioners about the reduction of ROGO points and the rankings approved by the 18 Planning Commissioa March 10, 2010 under Resolution 04-10 which affected his four 19 ROGO Applications, The subject parcels and applications are under the ownership of John 20 K. Akins, John W. and Glenda Akins. The appeal is based on the origami ftmWrect scoring 21 of the properties as being in an AE flood zone when the properties are, in fact, in a vE flood 22 zone (4 points). 23 24 Monroe County Code Section 138-1, APROk states that an appeal from the decision of the 25 Planning Commission on a ROGO allocation shall be made to the Board of Cam- y 26 Commissioners within 20 days of 6o Flaming Commission's decision. The filing of an ?en 1 ofs I appeal does not stay either the action of iF,c Planning Commission or the action of the 2 Planning Director. This appeal of the approved ROGO Rankings toy the planning 3 Commission from Match 10, 2010 was filed in a timely manner. However, the actual point 4 reductions and 'ranking, cltauges -occurred in Jutne 10, 2009 by Planning Commission 5 Resolution P23-09. The Code.does not specify that the appeal must fbilow.after.any specific 6 quarterly rmudag. - -7 B Originally staff was prepared to schedule the appeal at the June 2010 Board of County 9 Commissioners meeting. However, prior to the agenda deadUet Mr. Prevatt requested that 10 the matter be heard at the July 21, 2010, Board meeting, which request was granted. On July 11 20, 2010, Lee Rohe, Esquire, requested the appeal be deferred from being presented before 12 the Board of County Commissioners. The applicants decided to defer the appeal in order to 13 first present their objections to the Planning Commission since Whcants may offer 14 testimony about their application at any public hearing concerning ROGO in any quarter (Afr. is Rohe no Ionger represents Air. Akins in this matter). 16 17 Since the scoring correction, the Planning Commission has reviewed and approved 5 18 quartefly rankings reffecting the scoring corrections. Neither the applicant nor aut mm*d 19 agent where present at these public hearings. The last approvcd quarterly rankings for Big 20 Pine No Name Key subarea. were on June 9, 2010. 21 22 B. Awlications and Locations 23 244 Applications and Locations: 25 26 1) Building Permit Application&ROGO Application. #01100486 27 Legal Description: Lots 21 'aped 22, Block 1, Doctors Arm SuMvision, Big Pine Key, 26 Honroe County, Florida 29 Real Estate Number: 00310220.000000 30 31 2) Building Permit Application & ROGO Application: 007I00479 32 Legal Description: Lot 23 and SLY 26 fl Lot 24, Block 1, Doctors Arta Subdivision, 33 Big Pine Key, Monroe County, Florida 34 Real Estate Number: 00310240.000000 35 36 3) Building Pamit Application & ROGO Applic atim: ;#07100485 37 Legal Description: Lot 27 and NLY 5! li Lot 26, BIock I, Doctors Arm Subdivision, 38 Big Pine Key, Monroe County, Florida 39 Real Estate Number: 00310280.0000(i0 40 41 4) Building Permit Application & ROGO Application: ;OD7100483 42 Legal Description: Lot 25 and SLY 17 ft Lot 26, Block I, Doctors Ann Subdivision, 43 Big Pine Key, Monme County, Florida 44 Reel Estate Number: 00310260.000000 45 46 Owner: John K. Akins, Join W. and Glenda Akins i 9 10 11 12 13 14 i5 16 17 is ASMt R&xibPzrvjiLt White Fine &bows separation of the AY Flood Zane sad VE Flood Zone • "14 x 15zIa •- • The chart below shows it chronology of application stibmritW dates (Buddmg beptsmmant Applications to ROGO Applicatioas), description of flood zone uf£ormstion provided on Building Application Plan submittals, mirvey submittals showing flood zone information, approximate date of scoring emir discovery, scoring arror notification to applicants' address ofrecord, Planning Commission Resolutions indicating scaringrrror oopections. A-6011cation No. 071004" MINUS 1 0710043 67100479 Real FA%te No. 100310220.00M 00310280.000000 I 00310260.000000 00310240.000000 Balldiaa AppWaiyas Jar_ 31, 2007 Jan. 31, 2007 lam 31, 2M Jan. 31.2D07 Dade As sa5nfeted by the Pre Tier System mlmrs Pre Tier Syacm mums Pre Tier System mores Pre Tier System minus appllanto the 1 for AE Flood Zone 6 for VE flood nine 6 for VE flood zone 6 for V E hood moo BOOM Final; Indicated head mom dedaetlon Polato Survey from Survey Indicated Entire propem la VE Entre propsny in VE Entire property In VE Etwrcxe P. Frank m4ority of prvpc�r in Iona zone. mono, doted Dec. 4, 2006 AS Zane and a small ladlated property portion in the VE flood flood zone. zone (.newsy error Axvvaa in 2W9 Pegts 3 at prepared rastderuae . _ the YE Zane . :1. aubiluff Department Reviewed for AE ZoVia zoneReviewed for VE zone Reviewed for VEradewed plane fur I oeosbwrtim. tonatruction eonsauetion AEJVE Lone Construction. Building Dq%rbW1W 1 May 30, 2007 Juua 5, 2007 Juneb, 2W7 Just 6, 2007 Fd i 7pplitttt6k to'r' t Phtnn[tsg tQ CenlLet ; ipPUCLrt to eaten' ROGO. i } Data ROGG June I2, 2007 Juno I2, 2007 June I2.2007 Jerre IZ 2007 ARpiirad- ubmittea 4ritiat storing of ROGO Application ROGO Appl.H. ROGO Application RWO Application ROGO Appffeadw sm as if in AE soord " if in AE snored as if In AE scared n if in AE for Quarter tMl 1.On0 (as nndicaUd by Zone (SCOnt+d m erYCr) Zrnre (Scared lA Gr[Or) ZonCa«rOd In t1TOr) i 20@7, Souring Error Fay April 2009, post FAy Apdl 2009, post Early April 2009, pace Early April 2009, post ascovered Tier System should Tler System should ii Iler System sisould 7e system sbookl ;Ara its i�cerlIeei lutist APri! 27, 2009 April 27, 2004 April 27, 2004 April 27, 2009 AGnt regardipg aTw Data raters rwdpt May 15, 2003 May I5, 2009 May I5, 2009 May I5, 2009 was ROGO Rankingr Ptanmmg Commission Planning Commission Planning Commiablor Platting Commission Quarter 2 Yr 17 Approved Resolution Approved Resolution Approved Resolution Approved Resolution Iadknted rceriag rsrrectlaa P23-09, hate 10, 2009 P23-09, June I0, 2009 P23-09, June I0, 2W9 P23-09, June I0, 2009 RGOO ltaddeta Planning Commission Pisoning' Commission Plana ng Caman"M Planning Commission Qezrter 4 Yr 17 still Approved Resolution Approved ResoUrdan Approved Resolmlon Approved Resolution is rWance d the P42-09, Sept. 2, 2004 P42-09, Sept 2, 2009 P42-09, Sept. 2, 2009 P42-09, Sept. 2, 2009 ROGO Iia=]ckss ['loaning Commission Planning Canotission Piawtws COWSA sign Planning Commission Quarter 1 Yr Is Approved Resolution Approved Resoludan Approved R=Won Approved Reeohaion eoa tod with P55-09. Dec. 15. 2009 P55-09, DW- I5, 2009 P55A9, Dec. 15,200 P55-09, Dec. I5, 2009 Ownts ROGO Rankingc Planning Commissiwt Planning Commission Meaning Commission Planning Commission Quarter 2 Yr IS Approved Rtsohrt9oA Approved Retoiutlon Approved Resobrtioa Approvso Resolution ewtinued wkb PO4-I0, Much 10, PO4-I0, Ma rh 10. PO4.10. March 10, 1`04.10. March IA Quarter 3 Yr 19 Approved Resolution Approved Resolution Approved Resolution Approve{ Resolution esntlsued with P 10-10, Jane 9, 20I0 P I0- I O, June 9, 2010 PI0,10, June 9,, 2010 P IO-IO, June 9, 2010 carred ROGO Rankings Planning Commumon rn Planning Comiaske Planning Commission Planning Canmission Quarter 4 Yr to Continued tlhu review coahnued the review continued the review contLmw the review tmnrlaaed with of Big Pine440 Name of Big Pinv%lo Name of Big PindNo Nv.6er of Big Pinallo Name oorrectpoints Kry Subs= to Key Subarea to Key Subarea to ifgy Subarea to t mm...... Sentamber 22 2010 So 0 2 The above chant shows .the pertinent itlfonnabon from the initial Suhrlittal of the four 3 applications to the Building Department. Th= applications contained ild onnatlon. on the 4 building plans and surveys showing the properties Iocated in the VE flood zone, while one 5 set of building plans and the survey incorrectly showed the property located in the AE Flood 6 Zone. When the Applicants subsequently enured ROGO in . win 2007, staff ittaoreatly P"4'4 of s I scored the applications without a VE flood zone deduction of four points pursuant to tier 2 ordinance criteria. The errors wore disooverd when staff researched the applications based 3 on information &am another applicant, received by the Kamm& Departmert regarding point 4 deductions or -the VE flood zone. One of the four applications was -scored in error based 6a 5 an incorrect sarvey, which was discovered by staff after examining the Flood Insurance Rate 6 Map (see trap in the Section fly. above which shows the property boundaries and VB and AE 7 Flood Zl'Wliitt). 8 9 On April 27, 2009, the Applicants were sent a certified letter to the address of recent 10 regarding the scoring error. A signed certified receipt dated May 15, 2009 was rehaned to 1 i the Planning Department Subsequently, the scoring corrections for these applicaitions were 12 identified on rho approved ROGO rankings, which are available in the Planning Department 13 and on the County web site. From the information in the foregoing chart the rankings were 14 adjusted and maintained at five quarterly Planning Commission meetings and the applicants 15 did not appear before the Planning Cornmission. 16 17 D. RE VIE N OF APP [C�4 TFON: 18 19 Mr. Akins is questioning the reduction of the ROGO points on the four applications stated 20 above, However, the acftW VE flood zone point change oc=rt d when ilia Planning 21 Commission approved quarterly rankings on Juno 10, 2009 (see Res lotion P23-04). 22 23 In April of 2009 the Planning & Environmental Resourow DnwW reviewed the 24 doamscatffdon (files, flood zone maps, surveys, pleas, ems.) to dowmine if a scoring error 25 occurred by staff regarding the flood zone points. Aim the review, the Dirodor determined 26 that scoring errors oaarured on the four applications. 'lhadore, the applicants were seat a 27 omiified letter (Certified Mail Rom Reoespt 7006 2150 0001 0488113 dated April 27, 2S 2009 regarding. the flood zone stating error, which was signed for on May 15, 2009. The 29 applicants were notified as soon as the error was discovered. 30 31 The Department was compelled to correct the error, in order to parserve the rigMs of other 32 applicants in the ROGO rankings. dine rad ngs of the applicants, properties moved down 33 approximately 18 placm. The rankings prior to the eorrecdons dwwed the aWHennts 34 ranked 22, 23, 24, & 25 and the next raandngs with-*e oorrecdons allowed them at 40, 35 41, 42, & 43, 36 37 Mr. Banks Prevatt came into the Planning Department in November of 2009, requesting 38 information shoat these properties, which was prior to being an agent on the ROGO 39 applications. He hater asked for information about an appeal. Appeal information was 40 provided. On March 18, 2010, agent authorization was submitted, 41 42 The properties are located in the Big PineWo hlune Ivey ROGO Subarea... 'Phis subarea is 43 limited to 8 market rate allocations per year, allowing for 2 allocations per quarter, provided 44 there is enough mitigation to cover the H-value used for allocations. In the quarterly 45 rankings approved by the Planning Commission March 10, 2010, the two applicants who 46 received allocation awards each had 20 points and the subject applications of the this appeal eWsors I each had 8 points. On June 9, 2010 the Planning Commission reviewed and approved another 2 quarterly ranking on Big PineNo Nama Key Subarea, which redected the applicants V zone 3 scoring. 4 5 rt should.be noted that these applications will be eligible for Administrative Relief after the 6 •quArta- closwe of July 2011. From -the closure of. the 1.0 gleaner, rimer the ROCTO 7, application was'made, the applic8nt wilt ]lave 180 days to submit four administrative Relief 8 Applications. 9 10 there is an alternate avenue available for the applicants to investigate regarding the VE flood 1 I zone designation. Property owners may seek a Letter of Map Revision (LOW.) requesting a 12 revision showing their property is located in a different flood zone. Tirane has been a 13 property in Doctors Arm that recently obtained a LOMR. The applicants may contact Diane 14 Bair, Special PM=ts/Floodplain Administrator tar additiaual irfoimation regarding this 15 process. 16 17 As an aside, the applicants should contact the surveyor regarding the need for a corrected 18 survey and also, should contact the Monroe County Building Department regarding any 19 building plan corrections that may be required for the property idettified with real estate 20 number 00310220.000000. 21 22 Staff concludes the scoring was coaectly adjusted to reflect the VE flood point deduction. 23 However, if new evidence is submitted t0 show the properties are W the ,4.E flood zone and 24 ao portion of the structure. is located in the VE flood zone, then the paints could be positively 25 adjusted accordingly. 26 27 ID FA CTORS JM Z= EMNNAIM_G COMMMON W E �ih►S�lAfrE: 28 29 Monroe County Code Section 138-26 (c)(3): The basis for any planning commission changes in 30 the scoring or ranking of madmt rate applications shall be specified in the form of a motion to 31 adopt the allocation rankings and may include the following: 32 33 a. An error in the designation of the applicable subarea 34 b. A mistake in the calculation of ddicatcd or -aggregated lotvland. 35 C. A mistake in assigriment of the tier trap designation in the 36 application. Such a mistabo in reading the tier designation is 37 applying points for the ,application, any change to the tier map 38 must go through the procedures for at=dment of the tier reap. 39 d. Any other administrative error or omission -that may cause the 40 application to be incorrectly scorer(. 41 42 A review of the Aldw applications showed a scoring error was made by staff. Subsequently, 43 staff corrected the scoring tb-ndauttaan ft integrity of the'ROGO scoring systeur. The code 44 allows the Planning Commission to adjust a score if the change is to conectly adjust the scare. 45 The applicants' ROGG scores are correct; therefore, the scores cannot be adjusted to reflect 46 Incorrect information or an inaccaracy in applications or errors by sta ,to raise &n applicant's P�Vf,qrj I 2 3 4 5 6 7 8 9 I4 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3. 34 35 36 �1 42 43 score at the expense of others in the ROGO comgedtion. It is the Planning Commissions obligation tc co:reot an error or an ornissionr that may cause an incorrecx score. A. Turs.to Se.coon.138-24 the nwnber of annual allacal ons avaiIable is 1 p7. B. Section 138-24(c) allows any unused portion of affordable housing allocations to. be retained and rolled over into the next dwelling unit allocation year. C. Section I38-24(a)(4) allows the PIanning Commission to amend the affordable housing proportions during any ROGO quarter. D. Section 138-27(g) limits administrative relief allocations per quartet•. The number of allocations that may be awarded under administrative rellef is any subarea quarter shall be no more than pity pert (5(r) of the total available market rate allocations. E. Section I38-24(a)(6) linuts on the number of allocation awards .in Tier 1. 7`ho annual number of allocation awards in Tler 1 shall be limited to rta more than tbm (3) in the Upper Keys and no morc:thau three (3) in the Lower Keys. Sig hne/No blame Key is limited to ten (1 Q) allocations over a twenty year period or H =.022 whichever is lower. Below is a table tracking the Tier I allocations by cluartw/year. F. Monroe County Code Section I38-25(0 Expiration of allocadOni award- Except as provided for in this division, an allocation award shall expire wbw Its corresponding building permit is not picked up after sixty (60) days of notification by certified mail of the award or, after ismmace of the building.pwnit. Q. Monroe County SeCdoa I3 8-24 aiIows a total of 8 mark -at rate allocations per year for the Big PhWNd Name Key Subarea. R Monroe County Code Section 138-26 allows the adjustment of residential ROGG allocations at the end of each quarterly nUocation period of additions or subtractions to the basic allocation available by subarea such as the number of dwelling unit allocation awards that expired prior to the issuance of a corresponding building permit. E2 EY4 LUAW—N4M"NMM' The evaluation_ of the allocation zpplicaiions was performed by the Planning & Eavironmeatsl Resources Department. Positive and negative points were granted in • compliance with the PIFIa M I evaluation criteria contained in Section 138-28 of the LDRs for the Big Find No Name Kay Sub- 2 areas, 3 4 if applications= :eceved identical scores, they were first ranked by date and Wife and further 5 ranked based on the applicants with the fewest negative number of, paints on the same day, 6 Please note. that any excess. el ocstioas approved must be deducted from the next: quenerty 7 allocation period pursuant to Monroe Oounty Godz Seafon 13 &26(e). gg8 I ff Y) REc0ArDffM.Ai'ItiN j A- MAA,et Rate .4llocations_Oua=4 Year 18: 13 The number of applications in the Big Pine/No Name Keys was greater than the quarterly 14 allocation awards available: Per Section 138-26(bX7) of the I.DRs, the: rankings that indicate 15 which applications received sufficient points receive an allocation award. An additional page is arrached which identffies the location of each proposed 2llocation by island and subdivision. 18 The Ma ixt hate applications that axe within the quarterly allocations re ended for Quarter 18 4 Year 1 & approval are as fbWws: 21 Big Fin&Wo Name keys: Applicants ranked l through 2 are reconcdaendea for allocation awards 22 based on nudgadoa available from Monroe County. Applicants ranked 3 through 44 are 2.3 recommended to be approved in the order Mkc3. 24 EXHIBIT 6 m 88/82/2011 13.42 619-422-2696 1 CYM CH.LA VISTA PAGEi 01/05 8 or Pate) I bamOu anthcrb% LAW OMM OF RAY CTARCYL2 PABAY Gl4 . M. AM PAOI.A HUMMS• to be .1badr. as .pffimi=d agamt for G MDA ABINS for the Administ ad" ReW_applWadm mAnn si far SmUng Permit and ROGG Appbmd m # 07100M, 071004a5, 071094M and 071004K fbrpropeety desaib0d as flat 21, A 23, A 24 76.27, Bk* l.-Sabdi+dsiam Doctors Arm, Kry: Mg Ph* Xdy and Real Zsmu nambe m 00310280-000000, 0033036A-000000, Od3lOTAO-000000 00 0 IM20-000000. 7AI& PAhmiz2ft bWQnM w 1m ft * 0 f* 4TWgvit is nOWW MA *' Erma® fa Wag until tstminated by the amdetsigtls& This au0meivatiom tau AS a durable poaW of attorney ** for tho purposes shad. TbA uaderaig=4 UG&Catsmtb ti0 lisbUWN lRvQir4d is OW VW" Of dtia Wnuy WW aWIPsa M twponsibiW (dw booms one Cw4* bnrt kw) Aw any and an of *6 naboas of the agmt MM4 rddod to the acquisition ofr pormita for the aft]tmpaW&Wd appliaaat: Nate: Avon izWon is needed from "9wa;r of the naffed FVPM. ThQmk%"Qt MM sa46grbW— A-- mint be anhmin ed with the sppL csdnm if ffim ere tau9*0 OVPA0 & DY t7waar(a) / Appticaat a Printed Name of Owtoar(s) / Anftmt STATgoi:F C-4c1FaRA11A S'1'A7� O COUNTY OF S ,,✓ ,Pi E o Ae t +vas twl leddad_ me �s r odf ytIEvwoy known /►4iFArI� W Fa6,l! 'l�+pe of Jdmdfiosdon did Ant take aA oath. JJ EFIU�k . N 19rZ3Ca1ilFOWIMi OR N t'9 rn Ameae• 2a74 MoWsuKke ttaWA&m Authadadon rom?sp t of i 08/02/2011 13:42 619-422-2696 C141 cHLLA VISTA PAGA B21B5 I Umby ssst mmx, LA'W oMcz 178 DAY GARMA. P.A., RAY GAPJCY 4 M. AM PAO A,,MMMM ,to be fisxgd a9 mud. 89M f- JOHN W. AKM for. the Admiaistrative Relief appffcatian 8ub�aittaf idai t pmuit'aad ROW Applies A anooM. o rxoo4K 073o0W and o710oft'w proiC�Y daswAmW as Let: 21, 22, 23t A A 26 27, Mwk 11, & bdtvWou: Dodds Arm, NW. fi Fim K" and Rad gtwnbert 003102g040Of %00310759M0 M%tlfl3IM4400000 and 00Q1M204WM Tlris Via% bo mo� efmtiv�o on the dato Ihist aft &* is notarised and sdafl remo o fn ehixt asrtb te�itmted by° This atrt5mizatioa acts as a dtaabl0 powrr of 8 onty tixtba�a[iwsee stand. The nn&MgW smda *uA, the f36 t es invohvd i s the granting of this gXW-Y and scwm M mqwn'a'b * ohm holding Ndoame Casty hmnjosr) fist my od aH of *A *dkm of Ste agentseeped, seaeiood to *a aoquishion of pavrAb for the afbtemetKiottW npplWutt. Natal Au&w;zgfim is needed diem each owner of the subject ptope dY. Tllaefare+ m or mare a Amindw Bcrms most be snWftcd wpkthe 8"UcWm tf*A" ate mAtipie owners owoe )� r►PPIt�a,i �'a Printed Dame of owner(&) l AppRc—t PiOTA"s sTATg OF C A 1.1ro"iA c�unrrrxvF T�fo Bey Tim insiramoat was rckuawl0dged bei� me tiffs of _ v6r5 2oli. John W. Aid= is _.._ pub' kwwn LP R !Jr».� L: e's►F� Txm Ofidbotl$Ca66"d7 did M tslm an oeth. / 1l181�S pttmlglCpsGiLinW1R `2M Ada�tariiwe KalierAgemAutlsoriatWa Fmm Pats t of t I hereby aphorize, LAW OMCE OF RAY GARCIA, P.A,. BAY QARCW ESQ. AND PAOLA RUEMM to be listed as -authorized agent for JOUN K. AlMS for the A&daistraiive Relief application submittal for Building Pemut and ROGO Applirstioi< # q 07100479, 07100M, 0710MM and 0710M6, for property described as Lot: 21 22, 23, 24, 25, 26 21, Block L Subdivhiow Doetor°s Arm, 3fey: Big 'Pine Key and ROW F,etste nnml—. 003102g0-W0000,00310260400000,003107A-000000 and 00310220.000000. This authorization becomes Wfw&e ou the date this aTwavit is notarized and shall mnain in eifrat unxil terminated by the undcmgued. This authorization acts as a dmrahle power of attorney only for the purposes stated. The undersigned understands the liahiiitm involved in the granting of this agency and accepts full raspomibility (thus holding Monroe County hurdle") for any and all of the actions of the agent named, related to the acquisition of permits far the aforementioned applicant. Note. Authorization is needed from each owner of the subject property- Therd om one or more authorization forms must be submitted with the application if there are multiple owners. s) Applicant Sigiaeim'e Printed l!iamae of Owners) / Applicant WOTARY: STATE OF lr `o iLZ, COUNTY OF f\kP 91," G The foregoing itiatruooent was ackii—ledged before mg t1� 21� da of 2011. John K. Akins is �1a�6Y idesatiiicuio Type of Identification}did / did not take an oath. ate' Pt. "y Polak saa a Flak i vuoiei.�.w+w^ os6 Notary e. ddorojoea,saa Adtoiai,ftativ ReltefAgmtAuthonzednPC— Pageiofi EXHIBIT 7 m ,,.,, d7ygf7 nar7 21rtt� P]l.a i A.mrd•• to Mftot.l tee..r•m Parcel ]dmiMadon No: f Comer Dirtdlf KOL aThw rts Reuvninsre+r�t f§epa,ed By nm rti:52.+19tw1 $6.70 Stme6i+aVal.a(dtmKv^L - I W-4 � 541 107900 Ovetuei Highway i6 Key Ludo, Flaids 33037 QUITCLAIM DEFD Tilo Qt or D a taaa dW afbf ° 3OFM W. A1ONS mma4MUMA AKWS. k9lbobdMG - e.sl .iofll'11x.,u &iom�,a�ricl3tetwomoilpWbm..aarMlsP.0,S":+6. xeY Largk FAdAz 3M7. Gr Wm- 9vilotaath. Ma de Gramm, fat rod in mpia.rniam OMB amp of TEN & NOf lO0 (S- -DOLLARS. Lad odtir SOW as •ab" eo sdmdw m Onawr in bend paid by Gramm, she xc* Of w0ieh is hereby aelmaadadA94 brave MMW betdaloed ad quilabrbned m &a Said Gnaiaa tdd Or.sredt heirs 134 Asips ftN,, 04 %nowar.2 dwclW land, ukwb% ty K red brims m the CmOf 1dONROE. SOde of Florid►. male LOU 19,10 n 7 ,13. 21, 416 emd fl. Htodt 1. DOC[OR'S ARM SUBO Codr4'. Rlwing'aa the plot t wnWu recorded fa P1.t Beck S. Pays 141. of the FOOL Reoorxli VACANT LAND AND DOES "T COK87[ITTFS THE j'lOMZnT.AD O1 GRAMR , NOR is rr f o mams T13 MQ- To am mad ro Raid da amp top:da WO Nil and of "theWWWAOMthermaao betio ar in floe Wp.tsialmF w d the mum nos. dde. Inserter. Hem. oquuy MA 'dalm wlr.traeret of Grmmt. "W m law or rq.%y, for Rr use. bear a mod pm& ofdre aid Gtaoton farmer. k ynMM VjWeo( &g omow has bomosw se bwhad add sealdwday.odYrvRnt.bm*4"OL Sipred. ii IM ad ad' in mdt pee.eaca: n f� fIS' DA ax A1@S�33a3Y P.O. B244L UY Liao• s Cl PrfoY -I, L.+— Wemaa Now Sl•ATR OF YLORWA 1`JoUwr r OP MoollOE The lbrWiad imaraedr w.i mtlm-Wped bef- me Ibis of hdae 1009, bya wbn ti pig' kw4m Ira mff wbo bai produced N SUL Y �� w � Priaded NofarY dfdmarre UfY Cpmm'ssiep w MdM M BO11 " OIMCIAL RECORBS Fik s109000 3� Administrative Relief Application H o c� Ray Garcia, Esq. Board Certified in Real Estate Law The Law Office of Ray Garcia, P.A. Attorney at Law Florida Civil Law Notary 14850 SW 26 h Street Southern Distriet of Flonda Suite 204 Middle District of Fbrida Miami, Florida 33185 Northern District of Flonda Tel:305.227,4030 Fax:305.223.9811 11mCircuitCourt ofAppeals rgarcia �,rav arcialaw.com www.raygarcialaw.com ***Sent via UPS*** January 20, 2012 Planning & Environmental Resources Department Attention: Tiffany 2798 Overseas Highway Suite #400 Marathon, Florida 33050 Re: Applications for Residential Administrative Relief for Loan Numbers: 07100479, 07100486, 07100485 and 07100483 To Whom It May Concern: Enclosed herewith, please find the original fully executed Amended Applications for Residential Administrative Relief for the above mentioned loan numbers along with payment for same. If you have any questions or concerns in regards to the above mentioned matter, you may reach me at 305-227-4030. . AMENDMENT TO THE APPLICATION FOR ADMINISTRATIVE ORIGINALLY ` ' r .. l:. ESTATEREAL 1 `` I' I I I' 1 ' `I ki APPLIC,AT10,N MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT APPLICATION FOR RESIDENTIAL ADMINISTRATIVE RELIEF Administrative Relief fee: S 1.0 11.00 ATTACHMENTS: 1) COPY OF CURRENT PROPERTY RECORD CARD, 2) COPY OF THE RECORDED DEED OF THE SUBJECT PROPERTY AND 3) A VEGETATION SURVEY DATED WITHIN SIX MONTHS OF ADMINISTRATIVE APPLICATION SUBMITTAL. IF YOU HAVE QUESTIONS OR WISH TO MAKE AN APPOINTMENT TO DELIVER YOUR APPLICATION PLEASE CALL THE GROWTH MANAGEMENT OFFICE CLOSEST TO YOUR PROJECT. jc)�jn V Property Owner's Name�, _ AQj0SjC)�yj___ (Business/Corp Daturnentr Fhowing wha is Authorized to sign) Property Owner's complete mailing address: R 0 - 0 4 Co Phone: L[030 -Fax: 305 - •I Agent'sNamelaw 0 ce- or Kaw Garcia P.A. Or RaU (Required for Agent$. are agervi Authorimion for the ROGO Application froraNt ppWerry ownerO I V Agent's complete mailing address:ER-L6wXD 9 )-0!j-h11dh1-hFL3-;(96 I I Phone:306-22-77-400 Fax: tSQ5 (P lease attach a notarized statement authorizing representation of this application by al I property owners. The statement should read: "I, (ownees name) authorize (individual you are authorizing to represent you) to represent my property for this application or minis ZcArag A41 2-&-Wvekw�14 PROPERTY DESCRIPTION: Lot Block Subdivision 0xAW-4!,-> A�fyyl Key(island)& 9-,v3e— Street: MM:—RE: Ifnives and bounds, Mach legal descripfion on separale sheel. Building Permit Application#: LA�l 11 Date of most recent ROGO application: L What kind of administrative relief are you seeking? f5e,q, MIMEWMEMM plmi� Note: Pursuant toNlonrot County Code prefend Board of County Commissioners action is to LL [[[_A (Special Protection Area L or It[ on nonwaterfront Lot suitable for affordable housing. NOTARY: STATE OF FLOR DA AppKcanfs Signa bture COUNTY OF_de" The foregoing signature wgtacknowledged before me this.)O day of J 20U By RMA 60MC) who is personally known to me or produced I PRINt NAME OF PERSON SIGNING) as identification. Mycopnexpires:— j! ROGO APPLICATION# Page 2 of 2 Applicants Initial and date: 4 �pR1� n The Law Office of Ray Garcia, P.A. Attorney at Law Florida Civil Law Notary 14850 SW 261h Street Sonthem District of Florida ct ° Suite 204 y 4liddle District or Florida Ray Garda, Esq. Miami, Florida 33185 Northem District of Florida Board Cemfied in Real Estate Law Tel: 305.227.4030 Far: 305.223.9811 10 Circuit Court oFAppeals r arciaOraygarcialaw.com www.raygarcialaw.com ***Sent via Overnight UPS*** January 6, 2012 Arra O d E Planning & Environmental AN 09 2012 Resources Department 2798 Overseas Highway Suite #400 MONROE Co.. PLANNING DEPT. Marathon, Florida 33050 Re: Applications for Residential Administrative Relief for Loan Numbers: 07100479, 07100486, 07100485 and 07100483 To Whom It May Concern: Enclosed herewith, please find the original fully executed Applications for Residential Administrative Relief for the above mentioned loan numbers along with payment for same. If you have any questions or concerns in regards to the above mentioned matter, you may reach me at 305-227-4030. Enclosures RG/ ' A.P.PIdICATiON MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT APPLICATION FOR RESIDENTIAL ADMINISTRATIVE RELIEF Administrative Relief fee: $1,011.00 ATTACHMENTS: 1) COPY OF CURRENT PROPERTY RECORD CARD, 2) COPY OF THE RECORDED DEED OF THE SUBJECT PROPERTY AND 3) A VEGETATION SURVEY DATED WITHIN SIX MONTHS OF ADMINISTRATIVE APPLICATION SUBMITTAL. IF YOU HAVE QUESTIONS OR WISH TO MAKE AN APPOINTMENT TO DELIVER YOUR APPLICATION PLEASE CALL THE GROWTH MANAGEMENT OFFICE CLOSEST TO YOUR PROJECT. Property Owner's Name: _ (Business/Corp Documents showing who is authorized to stgn) Property Owner's complete mailing address: ` t l7•,eQ A 2 ti-t b Phone:... . Fax: Agent's Name: �„Ars n ,s (Required for agents: aagent authorization for the ROGO Application from all property owners) �� are zati Agent's complete mailing address: Phone: Fax: (Please attach a notarized statement authorizing representation of this application by all property owners. The statement should read: "1, (owner's name) authorize (individual you are authorizing to represent you) to represent my property for this application for Administrative Relief'. PROPERTY DESCRIPTION: Lot Block Subdivision ,C to Key (island): ► ® Street: MM: _ RE: P !f metes and bounds, attach legal description on separate sheet. Building Permit Application #: Q Date of most recent ROGO application: 7� -2 u What kind of administrative relief are you seeking? Note: Prnsuaat to Monroe County Code preferred 50ard of Couo1y Cor =3St0rWS action is 1 IL 111-A (special Protection Area), or Di on nomvaterf nt lot suitable for affordable housing. NOTARY: !F STATE OF FLORJDA t PPIi+ Signature sae A COUNTY OF r"I a+m 4 1�CA� s The foregoing Signature was 'accknowl`edged before me this day of J U y1U � V 20 4 " �Gi at/� By 1yl 'r, who is personally known to moor produced (PRINT 14AME OF PERSON SIGNING) as identification. My commigision expires: Cc I )s Signature cWNotary Public, State of Florida TO BE COMPLETED BY STAFF- DATE: N&TAUNE GARCIA W OOli8i1NO # ff 10T787 DfPIRE MUM 28, 201s 10- ewd%d mru Nona 1&k Utlaenl late ROGO APPLICATION # age of 2 ief Re 1 p tion Dec 8 2010.doc Applicants Initial and date: M6i� ROE COUNTY PLANNING & ENVIRONMENTALRESOURCES ALY'X'tMENT APPLICATION FOR RESIDENTIAL ADMINISTRATIVE RELIEF Administrative ehef e:,Si,d11.®d Monroe County Code .Section 138-27 application(1) If an applicant for an allocation award: a. Whose t t applyPermit Allocation Svstem, and fails to receive an allocation award, said applicant may the board for admin istrative relief pursuant to the proposedb. Whose t and federw' regulations, and c. Whose allocation application has not been withdrawn, and x Who has complied with all requirements of the Permit Allocation: followse. Applicant procedures for administrative relief containedt development following(2 An application for administrative relief shall be made on a form prescribed by the Director of Planning and rnay be filed with the Director of Planning Do ndie[ than the cupclus�op, of the faurth annual alfocation Qeriod and no later than one hundred eigbry ( 180) days- fourth 2nnoLaU Upon filing of an application Planning, Resources shall forward to the board all relevant files and records relating to the subject applications, Failure to file an application shall constitute a waiver ofany rights under this section to, assert that the subject propeny has been taken by the county without payment ofjust compensation applicantas a result of the dwelling, unit allocation system. (4) Upon receipt of an application for administrative relief, the board shall notice and hold a putgic hearing at which time the t to be -,: t *jeview the relevant a. 'cationst from county staff and others as rnay be necessary and hear testirnony and review documentary Submittedevidence by the applicant. publicAt the conclus�on of the } SectionCountytrehensive Plan Policy 1016 preferredand Policy IGI.6.5: a Offer to purchase the properry at fair market value as the Board of County Commissioners t property located ii a designated Tier 11 area (Bip, Pine Key and No Name Key), t(Specialarea designatediv a Tier III area on a non-materfi-ont lot suitable for affordable shallrnarket value" be an amount which is no less than ad valorern prior valuation in the Monroe County Real Property Tax roll for the year 1992. b. Permit the minirnurn reasonable econoinic use of the property "Minimum reasonable economic use' means; as applied to any residentially zoned lot of record, which was buildable immediately date of the Plan, no less than a single-family residence (7) Limits on administrative allocations c Suggest such other reliefas may be necessary and appropriate. under administrative relief in any one quarter shall be no more percent of the total allocationsavailable rnark-et rate allocations available in a quarter for that subarea. Any allocations in excess of fifty percent shall be extended inio the Succeeding, quarter or quarters until the number of such _numberallocations (8) Refusal of the purchase offer by the property owner shall not be grounds for the rerinting ofa ROGO allocation award, Frsii;, ` of 2 litl W11 �ralkr`atecrnDetw3'0t0.dtsc Applicants Initial and datel?a Dow I a] 9 Property Search -- Monroe Co, y Property Appraiser Pagel of 3 Karl D. Borglum office (305) 292-3420 Property Appraiser fax (305) 292-3501 Monroe County Florida Website tested on lntemet Explorer GIS Mapping requires Adobe Flash 10.3 or higher. (An Export Map widget is in the lower left corner.) Property Record View Alternate Key: 1382353 Parcel ID: 00310240-000000 Ownership Details Mailing Address: All Owners: AKINS JOHN WAND GLENDA AKINS JOHN K RIS, AKINS JOHN WAND GLENDA PO BOX 246 KEY LARGO, FL 33037 Property Details PC Code: 00 - VACANT RESIDENTIAL Millage Group: 100H Affordable Housing: No Section -Township- 14-66-29 Range: Property Location: VACANT WITTERS LN BIG PINE KEY Subdivision: DOCTORS ARM Legal Description: BK 1 LT 23 AND SLY 26 FT LT 24 DOCTORS ARM SUB P133-141 BIG PINE KEY OR409-382185 OR788- 1431 OR849-801102 OR1384-33 OR2101-1457 OR2404-841 OJC Show Parcel Map - Must have Adobe flash Player 10.3 or higher Land Details Land Use Code Frontage Depth Land Area M10W - RES WATERFRONT 0 0 14,680.00 SF Appraiser Notes S'LY 26' OF LOT 24 (RE 00310250-000000 AK 1382361) HAS NOW BEEN COMBINED WITH THIS PARCEL PER OWNER'S REQUEST, DONE FOR THE 2007TR 5108/07 JDC 2007105 PERMIT # 07100479 FOR SFH IN PROCESS PER BLDG DEPT (JDC) Parcel Value History Certified Roll Values 0 Property Search -- Monroe Co, y Property Appraiser Page 2 of 3 View Taxes for this Parcel. Roll Year Total Bldg Value Total Misc Improvement Value Total Land Value Total Just (Market) Value Total Assessed Value School Exempt Value School Taxable Value 2011 0 0 72,308 72,308 72,308 0 72,308 2010 0 0 102,760 102.760 102,760 0 102,760 2009 0 0 102,760 102,760 102,760 0 102,760 2008 0 0 117,440 117,440 117,440 0 117.,440 2007 0 0 411,040 411,040 411,040 0 411,040 2006 0 0 127,500 127,500 127,500 0 127,500 2005 0 0 127,500 127.500 127,500 0 127,500 2004 0 0 51,000 51,000 51,000 0 51,000 2003 0 0 44,625 44,625 44,625 0 44,625 2002 0 0 44,625 44,625 44,625 0 44,625 2001 0 0 44,625 44,625 44,625 0 44,625 2000 0 0 44,625 26,775 26,775 0 26,775 1999 0 0 44,625 26,775 26,775 0 26,775 1998 0 0 44,625 26,775 26,775 0 26,775 1997 0 0 44,625 26,775 26,775 0 26,775 1996 0 0 44,625 26,775 26,775 0 26,775 1995 0 0 44,625 44,625 44,625 0 44,625 1994 0 0 44,625 44,625 44,625 0 44.625 1993 0 0 44,625 44,625 44,625 0 44,625 1992 0 0 44,625 44,625 44,625 0 44,625 1991 0 0 44,625 44,625 44,625 0 44,625 1990 0 0 41,650 41,650 41,650 0 41,650 1989 0 0 37,825 37,825 37,825 0 37,825 1988 0 0 25,500 25,500 25,500 0 25,500 1987 0 0 25,500 25,500 25,500 0 25,500 1986 0 0 25,500 25.500 25,500 0 25,500 1985 0 0 22,000 22,000 22,000 0 22,000 1984 0 0 22,000 22,000 22,000 0 22,000 1983 0 0 22,000 22,000 22,000 0 22,000 1982 0 0 15,909 15,909 15,909 0 15,909 Parcel Sales 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 sale record to be processed. Thank you for your patience and understanding. Sale Date Official Records Book/Page Price Instrument Qualification 31612009 24041841 100 QC 11 3130/2005 210111457 1 wD M Property Search -- Monroe Co y Property Appraiser Page 3 of 3 This page has been visited 109,262 times, Monroe County Property Appraiser Karl D. Borgium P O. Box 1176 Key West, FL 33041-1176 0 Vegetation 5urve�) LEGAL DESCRIPTION DOCTORs ARm, BIG r INE KEY 10/30/2011 71 TINGL.ER LANE, MARATHON, FL 33050 WWW.JUUEI _CHEON@HOTMAIL.COM PHONE (305) 395-1985 FAX (305) 743-4587 Julie Cheon Environmental Consultant Phone (305) 395-1985 71 Tingler Lane, Marathon F133050 Fax (; Overview: The following report includes a site description, a list of vegetation located on site, and a map indicating the location of relevant features and all Listed species. Site visits were performed on October 8`h, 22" d and 26`h, 2011. Site Description: The above referenced parcel is approximately 14,680 square feet (sf) and is located in an improved subdivision. The parcel is bordered on the north and west by similarly vegetated vacant parcels, on the south by a paved road, Watson Boulevard, and on the east by an open water shoreline. Please see "Attachment A" for a location map. The property is located within the National Key Deer Refuge. A deer was observed onsite. Two species of butterflies were also observed; Strymon spp. and Danaus spp. The parcel is disturbed and, with the exception of the shoreline, is predominantly vegetated with groundcovers. Some substrate was impenetrable while other areas had a thin layer of sandy substrate. A low lying area along the southwest portion of the parcel has a slick mucky substrate indicative of wetlands. The land appears to have been previously used for a trap yard, as trap debris is located on site. Areas of concrete wash- out were observed. Shell fragments, presumably scraped from traps, are located on the property. Deer scat is located throughout the property. The shoreline contains a mix of mangroves and buttonwood. The Monroe County Habitat Maps classify this parcel as "Undeveloped Lands. " The parcel is predominantly vegetated with Andropogon glomeratus, Phyla nodiflora, Fimbristylis cymosa, Sporobolus virginicus and Distichlis spicata. Many of the species located outside of the shoreline are considered species that inhabit wetlands. There are pockets of algal growth on the parcel, with some well formed scattered algal mats. With the exception of the aforementioned soil, no other wetland indicators were located outside of the shoreline. Portions of the parcel are likely jurisdictional wetlands. Formal jurisdictional determinations from the Florida Department of Environmental Protection and the Army Corps of Engineers are recommended. Vegetative Species of Note: There are three Listed species (Conocarpus erectus, Phyla nodii fora, and Galactia volubilis) and three state protected species (mangroves) on site. A species is considered Listed if it is designated Endangered (E), Threatened (T), Regionally Important (RI), or Commercially Exploited (CE), or if it is a Native species greater than 4" diameter at breast height (N>4"dbh). All Listed species require mitigation if impacted by M Julie Ceon Environmental Consultant Phone (305) 395-1985 71 Tingler Lane, Marathon F133050Fax,(, Overview: The following report includes a site description, a list of vegetation located on site, and a map indicating the location of relevant features and all Listed species. Site visits were performed on October 8a', 22" d and 26`h, 2011. Site Description: The above referenced parcel is approximately 14,680 square feet (sf) and is located in an improved subdivision. The parcel is bordered on the north and west by similarly vegetated vacant parcels, on the south by a paved road, Watson Boulevard, and on the east by an open water shoreline. Please see "Attachment A" for a location map. The property is located within the National Key Deer Refuge. A deer was observed onsite. Two species of butterflies were also observed; Strymon spp. and Danaus spp. The parcel is disturbed and, with the exception of the shoreline, is predominantly vegetated with groundcovers. Some substrate was impenetrable while other areas had a thin layer of sandy substrate. A low lying area along the southwest portion of the parcel has a slick mucky substrate indicative of wetlands. The land appears to have been previously used for a trap yard, as trap debris is located on site. Areas of concrete wash- out were observed. Shell fragments, presumably scraped from traps, are located on the property. Deer scat is located throughout the property. The shoreline contains a mix of mangroves and buttonwood. The Monroe County Habitat Maps classify this parcel as "Undeveloped Lands. " The parcel is predominantly vegetated with Andropogon glomeratus, Phyla nodiflora, Fimbristylis cymosa, Sporobolus virginicus and Distichlis spicata. Many of the species located outside of the shoreline are considered species that inhabit wetlands. There are pockets of algal growth on the parcel, with some well formed scattered algal mats. With the exception of the aforementioned soil, no other wetland indicators were located outside of the shoreline. Portions of the parcel are likely jurisdictional wetlands. Formal jurisdictional determinations from the Florida Department of Environmental Protection and the Army Corps of Engineers are recommended. Vegetative Species of Note: There are three Listed species (Conocarpus erectus, Phyla nodiflora, and Galactia volubilis) and three state protected species (mangroves) on site. A species is considered Listed if it is designated Endangered (E), Threatened (T), Regionally Important (RI), or Commercially Exploited (CE), or if it is a Native species greater than 4" diameter at breast height (N>4"dbh). All Listed species require mitigation if impacted by FA Julie C eon Environmental Consultant Phone (305) 395-1985 71 Tingler Lane, Marathon Fl 33050 Fax (305)7 development. All Conocarpus erectus have been tagged on site with orange tape. Due to the delicate nature and short stature of the G. volubilis only representative specimen were tagged. Due to the prevalence and the mat -forming growth pattern of the Phyla nodiflora individual species were not always tagged. When possible individual specimen were identified. In areas where the density of P. nodiflora or the location of plants mixed with dense groundcovers prevented the identification of individual specimen from being determined the number of specimen were estimated as follows: Observation of individual specimen indicated that a mature plant spread to an approximately a 3' x 3° area for a total of 9 square feet. Areas with dense coverage were measured and the number of species estimated utilizing the formula of 1 specimen for every 9 square feet. To facilitate enumeration the parcel was divided into transects as shown in "Attachment B." The number of P. nodiflora located in each section is indicated on the map. Monroe County Code requires monetary mitigation for all impacted species. The mitigation amount is calculated by Monroe County depending on the species and its size. All protected species are shown on the attached map. Please note that locations are approximate due to the density of the vegetation and the limitation of the measuring device used (measuring tape). Appropriate permits must be obtained from Monroe County prior to removal of any vegetation. Please consult the Monroe County Biologist for specific requirements. Please feel free to direct any questions regarding this report to the author at the above referenced contacts. 21 Julie Cheon Environmental Consultant Phone (305) 395-1985 71 Tingler Lane, Marathon F133050 Fax (305)7434587 5pecies Usf Scientific Name Common Name Status Wetland Status Notes Andropogon glomeratus Broom Grass N FACW (DEP) FACW+ (NWI) Predominant Avicenna germinans Black Mangrove N OBL (DEP, NWI) Basis maritima Saltwort N OBL (DEP, NWI) Shoreline BidensAlba Beggar Ticks N Blutaparon vermiculare Samphire N FACW (DEP) FACW+(NWI) Shoreline Borrichia frutescens Sea Daisy N OBL (DEP, NWI) Cenchrus spp Sandspur N Chamaesyce mesembrianthemifolia Coastal Beach Sandmat N FACU (NWI) Conocarpus erectus Green Buttonwood N FACW Cyperus ligularis Bull Rush/ Swamp Flat Sedge N FACW (DEP, NWI) Frequent Distichlis spicata Salt Grass N OBL (DEP) FACW+ (NWT) Predominant Eustoma exaltatum Seaside Gentian N FACW Fimbrisrylis cymosa (aka F. spathacea) Hurricane Grass N FAC (DEP) FACW (NWI) Frequent Flaveria linearis Yellowtop N FACW Galactia volubilis (aka. Eastern Milkpea RI FACU (NWI) Smalli) Laguncularia racemosa White Mangrove N OBL (DEP) FACW+ (NWI) Mikania scandens Climbing Hemp Vine N Phyla nodiflora Matchweed RI FAC (DEP) FACW (NWI) Rhizophora mangle Red Mangrove N OBL (DEP, NWI) State Protected. Sesuvium portulacastrum Seapurslane N FACW (DEP,NWI) Spermacoce verticillata Shrubby False Buttonweed ex Sporobolus virginicus Seashore Dropseed N OBL (DEP) FACW+ (NWI) Prevalent Unidentified Grass Unidentified Groundcover K,_y - 5t atus CE Commercially Exploited ex Exotic END Endangered IEX Invasive Exotic N Native RI Regionally Important T Threatened All Protected non-native (may be naturalized) All Protected Removal Prior to CO Required > 4" dbh protected All protected All Protected / -1 In 40 ON WL a 0 d e 0 s a it a 1*4&' limb BE ADMINISTRATIVE RELIEF SOUGHT On March 2010, the applicant John K. Akins, filed an appeal to the Board of County commissioners about the reduction of ROGO points and the rankings approved by the Planning Commission March 10, 2010 under resolution 04-10 which affected his ROGO applications in regards to this subject property. The appeal was based on the original scoring of the property by Monroe county as being in an AE flood zone when the property according to Monroe county was in allegedly in a VE flood zone (4 points). The actual VE flood zone point change placed on the subject property occurred when the planning commission approved quarterly rankings on June 10, 2009. According to Monroe County, on or about April of 2009, the Planning & Environmental Resources Director reviewed the documentation in regards to this subject property that was in the County files such as flood zone maps, survey, and plans and determined that a scoring error occurred by the Monroe County staff regarding the flood zone point allocation on the subject property and the Director further determined that the scoring errors occurred on the four applications of the applicant. Based on the findings, the Department changed the applicants ROGO rankings for the subject property. The applicants rankings moved down approximately 18 places in the ROGO system. To better understand the impact of this error by the staff of Monroe County, the rankings prior to the change showed the applicants ranked 22, 23, 24, and 25 and the next rankings with the alleged corrections showed them at 40, 41, 42 and 43. Because the staff concluded that the property scoring was to be adjusted to reflect a VE flood point deduction, the applicant has suffered incredible financial loss, especially considering that the development that had begun on the subject property had to be halted H and substantial monetary loss has occurred. The applicant believes the initial scoring was correct and the surveys on record in this matter reflect an AE scoring. The administrative relief sough by the applicant is that the property scoring be corrected to reflect the points entitled to the applicant and subject property under an AE flood scoring along with additional points that are in order for time passed. N rIVA aw i ll:wA m 2748 overseas Highway Suite #410 Marathon, FL 33050 Voice: (305) 253.2500 FAX (305) 2M2536 County of Monroe Growl Manag=ezt Division Mayor George Newt, Dist. 2 Mayor Pro Tan Sylvia J. Murphy, Dist. 5 Khn Wigington, Dist 1 HatherCa udtae,Dist 3 Mario D1 G=nm, Dist. 4 We r ive ro be caring prgjassi<onaf and fair MTIFIM MAIL 70062150 000I 0488 1131 April 27, 2009 Jahn Akins 107 First Terrace Key Largo, FL 33037 RE: ROGO Applications 07I00486; 07100479; 07100485; 07I00483 The PIenning & Environmental Resources Department has found a scoring error an ROGO applications 07100486, 07I00479; 07100485; 07100483. The proposed development in each of these applications is located in the `V' flood zone. Therefore, each application has been given the -4 paint assignment for being located in the `V' zone special flood hazard area. If you have any g Sr. PIanning Tech. contact me at 305-299-25I 3. cc: TawnsIey Schwab, Planning & Environmentel resources Director 2 I D" I 46 ol 0 MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, profeasion4i and fair To: Planning Commission From: Tiffany Stankiewicz, Development Administrator. Through: Townsley Schwab, Sr. Director of Planning & En onmental Resources Date: September 17, 2010 Subject: Residential Dwelling Unit Evaluation Report for Big Pine/No Name Key Subarea Quarter 4, Year 18 Meeting Date: September 8, 2010 continued to September 22, 2010 1 This report has been prepared pursuant to Section 138-26 of the Land Development Regulations 2 (LDRs). The proposed residential dwelling unit rankings (Big Pine/No Name Key Subarea) 3 attached to this report are for the fourth quarter of year eighteen which covers the period April 4 13, 2010, through July 12, 2010. 5 6 n BA cKGR o uND rwoAmA TroN.- 8 The public hearing for the Big Pine/No Name Keys Subarea ROGO allocation and ranking 9 determination was continued by the Planning Commission from September 8, 2010, to let Banks 10 Prevatt present information on behalf of Mr. John Akins regarding flood zone scoring corrections 11 for properties identified by real estate numbers 00310220,000000, 00310240.000000, 12 00310280.000000, 00310260.000000. 13 14 A. HISTORY OF AKINS APPLICATIONS: 15 16 On March 30, 2010, the applicant, John K. Akins, filed an appeal to the Board of County 17 Commissioners about the reduction of ROGO points and the rankings approved by the 18 Planning Commission March 10, 2010 under Resolution 04-10 which affected his four 19 ROGO Applications. The subject parcels and applications are under the ownership of John 20 K. Akins, John W. and Glenda Akins. The appeal is based on the original incorrect scoring 21 of the properties as being in an AE flood zone when the properties are, in fact, in a VE flood 22 zone (-4 points). 23 24 Monroe County Code Section 138-1, Appeals states that an appeal from the decision of the 25 Planning Commission on a ROGO allocation shall be made to the Board of County 26 Commissioners within 20 days of the Planning Commission's decision. The filing of an Page 1 of 8 sm I appeal does not stay either the action of the Planning Commission or the action of the 2 Planning Director. This appeal of the approved ROGO Rankings by the Planning 3 Commission from March 10, 2010 was filed in a timely manner. However, the actual point 4 reductions and ranking changes occurred in June 10, 2009 by Planning Commission 5 Resolution P23-09. The Code does not specify that the appeal must follow after any specific 6 quarterly ranking. 7 8 Originally staff was prepared to schedule the appeal at the June 2010 Board of County 9 Commissioners meeting. However, prior to the agenda deadline, Mr. Prevatt requested that 10 the matter be heard at the July 21, 2010, Board meeting, which request was granted. On July 11 20, 2010, Lee Rohe, Esquire, requested the appeal be deferred from being presented before 12 the Board of County Commissioners. The applicants decided to defer the appeal in order to 13 first present their objections to the Planning Commission since applicants may offer 14 testimony about their application at any public hearing concerning ROGO in any quarter (Mr. 15 Rohe no longer represents Mr. Akins in this matter). 16 17 Since the scoring correction, the Planning Commission has reviewed and approved 5 18 quarterly rankings reflecting the scoring corrections. Neither the applicant nor authorized 19 agent where present at these public hearings. The last approved quarterly rankings for Big 20 Pine/No Name Key subarea were on June 9, 2010. 21 22 B. Applications and Locations 23 24 Applications and Locations: 25 26 1) Building Permit Application & ROGO Application: #07100486 27 Legal Description: Lots 21 and 22, Block 1, Doctors Arm Subdivision, Big Pine Key, 28 Monroe County, Florida 29 Real Estate Number: 00310220.000000 30 31 2) Building Permit Application & ROGO Application: #07100479 32 Legal Description: Lot 23 and SLY 26 ft Lot 24, Block 1, Doctors Arm Subdivision, 33 Big Pine Key, Monroe County, Florida 34 Real Estate Number: 00310240.000000 35 36 3) Building Permit Application & ROGO Application: #07100485 37 Legal Description: Lot 27 and NLY 51 ft Lot 26, Block 1, Doctors Arm Subdivision, 38 Big Pine Key, Monroe County, Florida 39 Real Estate Number: 00310280.000000 40 41 4) Building Permit Application & ROGO Application: #07100483 42 Legal Description: Lot 25 and SLY 17 ft Lot 26, Block 1, Doctors Arm Subdivision, 43 Big Pine Key, Monroe County, Florida 44 Real Estate Number: 00310260.000000 45 46 Owner: John K. Akins, John W. and Glenda Akins Page 2 of 9 27 9 ]0 lI 12 13 14 15 16 17 18 Agent: Banks Prevatt Land Use District: Commercial Fishing Special District (CFSD-8) Future Land Use Map (FLUM) Designation: Mixed Use/Commercial Fishing (MCF) ROGO Subarea: Big Pine Key/No Name Key Tie Subject Properties (outlined in blue) (2009) WWte Line shows separation of the AE Flood Zone and VE Flood Zone C. RELEVANT PRIOR COUNTY ACTIONS: The chart below shows a chronology of application submittal dates (Building Department Applications to ROGO Applications), description of flood zone information provided on Building Application Plan submittals, survey submittals showing flood zone information, approximate date of scoring error discovery, scoring error notification to applicants' address of record, Planning Commission Resolutions indicating scaring error corrections. A iication No. 07100486 07100485 07100483 07100479 Real Estate No. 00310220.000000 00310290.000000 00310260.000000 00310240 . 000000 Building Applicatfou Jan. 31. 2007 San. 31, 2007 San. 31.2007 Jan. 31, 2007 Date As submitted by the Pre Tier System minus Pro Tier System minus Pre Tier System minus Pre Tier System minus applicants the 1 for AE Flood Zane 6 for VE flood zone 6 for VE flood zone 6 for VE flood zone Building Plans indicated flood zone deduction points Survey from Survey indicated Entire property in VE Entire property in VE Entire property in VE Lawrence P. Frank majority of property in zone. zone. zone. dated Dec. 4, 2006 AE Zane and a small indicated property I portion in the VE flood flood zone. zone (surrey error discovered in 2009 Page 3 of 8 1 2 3 4 5 6 roposed residence in h ee YE Zone). Bt 4 BulIdIng Ikpartment Reviewed for AE Zone Reviewed for VE zone Reviewed for VE zone Reviewed for VE zone reviewed plans for construction. construction construction construction AFJVE Zone construction. BulIdIng Department May 30, 2007 June 6, 2007 June 6, 2007 June 6, 2007 forwarded application to PIanning to contact A applicant to enter ROGO. Date ROGO June I2, 2007 June I2, 2007 June I2, 2007 June I2, 2007 Application submitted initial scoring of ROGO Application ROGO Application ROGO Application ROGO Application ROGO Application scored as if in AE scored as if in AE scored as if in AE scored as if in AE for Quarter that Zone (as indicated by Zone (scored in error) Zone (scored in error) Zone (scored in error) closed July 2007, surveyor) Scoring Error Early April 2009, post Early April 2009, post Early April 2009, post Early April 2009, post discovered Tier System shouid Tier System should Tier System shouid Tier System should have indicated 4 have indicated -4 have indicated 4 have indicated -4 Dints points points points iDate certified letter April 27, 2009 April 27, 2009 April 27, 2009 April 27, 2009 sent regarding i scorInr error I le_.. tr 9Mn Ise__. to •.nnn .0 .�...ap. P was sinned I - j .r,---- Mar Aa, LVV7 , ROGO Rankings Planning Commission Planning Commission PIanning Commission PIanning Commission Quarter 3 Yr 17 Approved Resolution Approved Resolution Approved Resolution Approved Resolution indicated scoring P23-09, June I0, 2009 P23-09, June I0, 2009 P23-09, June 10, 2009 P23-09, June 10, 2009 correction ROGO Rankings Planning Commission PIanning Commission PIanning Commission PIanning Commission Quarter 4 Yr 17 still Approved Resolution Approved Resolution Approved Resolution Approved Resolution referenced the P42-09, Sept 2, 2009 P42-09, Sept 2, 2009 P42-09, Sept 2, 2009 P42-09, Sept 2, 2009 aC-gd99 correction ROGO Rankings Planning Commission PIanning Commission Planning Commission PIanning Commission Quarter 1 Yr 18 Approved Resolution Approved Resolution Approved Resolution Approved Resolution continued with P55-09, Dec. 15, 2009 P55-09, Dec. I5, 2009 P55-09, Dec. I5, 2009 P55-09, Dec. 15, 2009 correct points ROGO Rankings Planning Commission Planning Commission PIanning Commission Planning Commission Quarter 2 Yr 1S Approved Resolution Approved Resolution Approved Resolution Approved Resolution continued with PO4-I0, March I0, PO4-I0, March I0, P044-10, March 10, PO4-10, March 10, correct Poinft 2010 2010 20I0 2010 ROGO Rankings Planning Commission Planning Commission Planning Commission PIanning Commission Qnarter 3 Yr 18 Approved Resolution Approved Resolution Approved Resolution Approved Resolution continued with P10-10, June 9,2010 PI0-I0, June 9, 20I0 P 10-I0, June 9, 20I0 P 10-I0, June 9, 2010 correct nta ...... 0.�6- ..�......a �...............�.. Quarter 4 Yr 1$ continued the review ..�... ..�, �................... continued the review .........,.6 ........-.�..... Continued the review .......-a, ......aaa " continued the review continued with of Big Pine No Name of Big Pine No dame of Big Pine/No Name of Big Pine No Name i correct points Key Subarea to Key Subarea to Key Subarea to Key Subarea to I September 22. 2010 September 22. 2010 September 22. 20I0 September 72. 2010 The above chart shows the pertinent information from the initial submittal of the four applications to the Building Department. Three applications contained information on the building plans and surveys showing the properties located in the VE flood zone, while one set of building plans and the survey incorrectly showed the property located in the AE Flood Zone. When the Applicants subsequently entered ROGO in June 2007, staff incorrectly Page 4 of 9 I scored the applications without a VE flood zone deduction of four points pursuant to tier 2 ordinance criteria. The errors were discovered when staff researched the applications based 3 on information from another applicant, received by the Planning Department regarding point 4 deductions for the VE flood zone. One of the four applications was scored in error based on 5 an incorrect survey, which was discovered by staff after examining the Flood Insurance Rate 6 Map (see map in the Section B above which shows the property boundaries and VE and AE 7 Flood Zone line). 8 9 On April 27, 2009, the Applicants were sent a certified letter to the address of record 10 regarding the scoring error. A signed certified receipt dated May 15, 2009 was returned to I 1 the Planning Department. Subsequently, the scoring corrections for these applications were 12 identified on the approved ROGO rankings, which are available in the Planning Department 13 and on the County web site. From the information in the foregoing chart the rankings were 14 adjusted and maintained at five quarterly Planning Commission meetings and the applicants 15 did not appear before the Planning Commission. 16 17 D. REVIEW OF APPLICATION: 18 19 Mr. Akins is questioning the reduction of the ROGO points on the four applications stated 20 above. However, the actual VE flood zone point change occurred when the Planning 21 Commission approved quarterly rankings on June 10, 2009 (see Resolution P23-09). 22 23 In April of 2009 the Planning & Environmental Resources Director reviewed the 24 documentation (files, flood zone maps, surveys, plans, etc.) to determine if a scoring error 25 occurred by staff regarding the flood zone points. After the review, the Director determined 26 that scoring errors occurred on the four applications. Therefore, the applicants were sent a 27 certified letter (Certified Mail Return Receipt 7006 2150 0001 0488 1131) dated April 27, 28 2009 regarding the flood zone scoring error, which was signed for on May 15, 2009. The 29 applicants were notified as soon as the error was discovered. 30 31 The Department was compelled to correct the error, in order to preserve the rights of other 32 applicants in the ROGO rankings. The rankings of the applicants' properties moved down 33 approximately 18 places. The rankings prior to the corrections showed the applicants 34 ranked 22, 23, 24, & 25 and the next rankings with the corrections showed them at 40, 35 419 429 & 43. 36 37 Mr. Banks Prevatt came into the Planning Department in November of 2009, requesting 38 information about these properties, which was prior to being an agent on the ROGO 39 applications. He later asked for information about an appeal. Appeal information was 40 provided. On March 18, 2010, agent authorization was submitted. 41 42 The properties are located in the Big Pine/No Name Key ROGO Subarea This subarea is 43 limited to 8 market rate allocations per year, allowing for 2 allocations per quarter, provided 44 there is enough mitigation to cover the H-value used for allocations. In the quarterly 45 rankings approved by the Planning Commission March 10, 2010, the two applicants who 46 received allocation awards each had 20 points and the subject applications of the this appeal Page 5 of 8 30 I each had 8 points. On June 9, 2010 the Planning Commission reviewed and approved another 2 quarterly ranking on Big Pine/No Name Key Subarea, which reflected the applicants V zone 3 scoring. 4 5 It should be noted that these applications will be eligible for Administrative Relief after the 6 quarter closure of July 2011. From the closure of the 16`h quarter, after the ROGO 7 application was made, the applicant will have 180 days to submit four Administrative Relief 8 Applications. 9 10 There is an alternate avenue available for the applicants to investigate regarding the CIE flood 11 zone designation. Property owners may seek a Letter of Map Revision (LOMR) requesting a 12 revision showing their property is located in a different flood zone. There has been a 13 property in Doctors Arm that recently obtained a LOMR. The applicants may contact Diane 14 Bair, Special Projects/Floodplain Administrator for additional information regarding this 15 process. 16 17 As an aside, the applicants should contact the surveyor regarding the need for a corrected 18 survey and also, should contact the Monroe County Building Department regarding any 19 building plan corrections that may be required for the property identified with real estate 20 number 00310220.000000. 21 22 Staff concludes the scoring was correctly adjusted to reflect the CIE flood point deduction. 23 However, if new evidence is submitted to show the properties are in the AE flood zone and 24 no portion of the structure is located in the CIE flood zone, then the points could be positively 25 adjusted accordingly. 26 27 I, FACTORS ORS FOR THE ELANNENG Cm1�KISS'IGN 10 CONSIDER: 28 29 Monroe County Code Section 138-26 (c)(3): The basis for any planning commission changes in 30 the scoring or ranking of market rate applications shall be specified in the form of a motion to 31 adopt the allocation rankings and may include the following: 32 33 a. An error in the designation of the applicable subarea. 34 b. A mistake in the calculation of dedicated or aggregated lots/land. 35 C. A mistake in assignment of the tier map designation in the 36 application. Such a mistake in reading the tier designation in 37 applying points for the application, any change to the tier map 38 must go through the procedures for amendment of the tier map. 39 d. Any other administrative error or omission that may cause the 40 application to be incorrectly scored. 41 42 A review of the Akins applications showed a scoring error was made by staff. Subsequently, 43 staff corrected the scoring to maintain the integrity of the ROGO scoring system. The code 44 allows the Planning Commission to adjust a score if the change is to correctly adjust the score. 45 The applicants' ROGO scores are correct; therefore, the scores cannot be adjusted to reflect 46 incorrect information or an inaccuracy in applications or errors by staff to raise an applicant's Pagc 6 of S 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 zs 26 27 28 24 30 B 31 34 35 36 41 42 43 score at the expense of others in the ROGO competition. It is the Planning Commissions obligation to correct an error or an omission that may cause an incorrect score. 1 A. Pursuant to Section 138-24 the number of annual allocations available is 197. B. Section 138-24(c) allows any unused portion of affordable housing allocations to be retained and rolled over into the next dwelling unit allocation year. C. Section 138-24(a)(4) allows the Planning Commission to amend the affordable housing proportions during any ROGO quarter. D. Section 138-27(g) limits administrative relief allocations per quarter. The number of allocations that may be awarded under administrative relief in any subarea quarter shall be no more than fifty percent (50%) of the total available market rate allocations. E. Section 138-24(a)(6) limits on the number of allocation awards in Tier I. The annual number of allocation awards in Tier I shall be limited to no more than three (3) in the Upper Keys and no more than three (3) in the Lower Keys. Big Pine/No Name Key is limited to ten (10) allocations over a twenty year period or H =.022 whichever is lower. Below is a table tracking the Tier 1 allocations by quarter/year. K island Permit Number Tier Allocation uarter Year Subarea Big Pine: 0 girt Dee. 27, ZM (Ordhmnce 429.2004) Big Pine 03102303 Adm. Relief Q2Y16 Bit Pine 97101361 Market Rate QIY17 F. Monroe County Code Section 138-25(f) Expiration of allocation award: Except as provided for in this division, an allocation award shall expire when its corresponding building permit is not picked up after sixty (60) days of notification by certified mail of the award or, after issuance of the building permit. G. Monroe County Section 138-24 allows a total of 8 market rate allocations per year for the Big Pine/No Name Key Subarea. H. Monroe County Code Section 138-26 allows the adjustment of residential ROGO allocations at the end of each quarterly allocation period of additions or subtractions to the basic allocation available by subarea such as the number of dwelling unit allocation awards that expired prior to the issuance of a corresponding building permit. The evaluation of the allocation applications was performed by the Planning & Environmental Resources Department. Positive and negative points were granted in compliance with the Page 7ofa I evaluation criteria contained in Section 138-28 of the LDRs for the Big Pine/ No Name Key Sub- 2 areas. 3 4 If applications received identical scores, they were first ranked by date and time and further 5 ranked based on the applicants with the fewest negative number of points on the same day. 6 Please note that any excess allocations approved must be deducted from the next quarterly 7 allocation period pursuant to Monroe County Code Section 138-26(e). g8 1 V REC®MMENDATIONS: A. Market Rate Allocations Quarter 4 Year 18: 13 The number of applications in the Big Pine/No Name Keys was greater than the quarterly 14 allocation awards available. Per Section 138-26(b)(7) of the LDRs, the rankings that indicate 15 which applications received sufficient points receive an allocation sward. An additional page is 19 attached which identifies the location of each proposed allocation by island and subdivision. 18 The Market Rate applications that are within the quarterly allocations recommended for Quarter 18 4 Year 18 approval are as follows: 21 Big Pine/No Name Keys: Applicants ranked 1 through 2 are recommended for allocation awards 22 based on mitigation available from Monroe County. Applicants ranked 3 through 44 are 23 recommended to be approved in the order ranked. 24 Page 8 of 8 33 'VA 0 1*4% limb 1 m 00/02/2011 1 :42 619-422-2696 CYM-CHULA VISTA PACE 1/05 I hereby authorize, LAW OFLCE OF RAY QAR'.CIA, P.A., REIN' QARC 4 Est. AND FAoLA FIEF NIBES to be listed as authorized agent for OL ENDA AIGNS for the AdmWstrative Relief applicationt submittal liar Building Permit and ROGO Application # 07100479, 07100485, 07100483 and 07100486, for property described as Lot: 21, 22, 23, 24, 2S, 26 27„ Block 1, Subdivision: Doctor's Arm, Key: Pine Key and Rea] Estate number: 00310280-000000, 00310260-000000, 00310240-400000 and 00310220-W0000. This authorization beeomeg effective on the dft tbis affi4ovit is no%rit4 i and shall remain in eReot until terminated by the undersigned. This authorization nets as a durable power of attorney only for the purposes stated. nq uadorsigned a dorstands #Le liabiWes involved in the'gmdng of this agency and accepts AW responsibility (thus holding Monroe County harmless) for any and all of the actions of the agent named, related to tho acquisition of puts for tM afocexnentioned applicant. Note: Authorization is nvWod from eaglt owner of the sub1QCt pmpeM. Therefi xe, Qne or mm authorization forms must be submitted with the application if there are multiple owners. 4j By; 'I.. =,& �74� - Owner(s) / Applicant Signature LENDA AJONS Printed Name of Owner(s) / Applicant NOTARY: sTATE OF C A L 1 FOZA,,T 14 COUNTY OF S4AI , 6 4 a S 7` The fQre#�* i0tr►,tment Was �kngwlec�ged before moo this �y of ��]1 d !S v5 I 2011. Glenda Alois is _ personally known produced idefification( j'd z,SPO�r1t 0r;W L A-fe -__-- Type of identification)„ iierdid not take an oath,. - - ---------------- J. D 1L PEiI[ WMAA'Y PUBLIC ► CUE fwAht 01EG0 CQkRVIY t?am ubm F�pi�a B. 23„ 2011 Admiuistm&e Relief Agent Authorization Forts PRge I of I M 0 /02/2011 413:42 619-422-2696 CYM CHULA VIET.A PAGE 02/05 ---T'Xz2�c-e , - ate) I hereby authorize, LAW OFFICE OF RAY OARCIA, F.A., RAC GA,RCUt ESQ. AND PAOLA =NMES to be listed as authorized agent for JOHN W. AIDS for the Administrative Relief applicatoz wibxWtt- for Building Permit and ROGO Appli=teon # 0710W79, 07100485. 07100483 and 07100486, for property described as Let: 21, 22, A 24, 23, 26 27, Block 1, Subdivision: Doctors Arm, Key: Big Pine Key and Real Mate number: 00310280-000000, 00310260-000000, 00310240400 M and 003102204*0000. This authorization becomes efRCtive on the date this affidavit is notarized and shall remain: in effect until terminated by the undersigned. This authorization ads as a durable power of attorney only for the purposes stated. The undersigned understands the liabilities involved in the granting of this agency and accepts fitll responsibility (thus holding Monroe County harmless) for any and all of the actions of the ageat named, related to the acquisition of permits for the afomnentioned applicant. Mote: Authorization is needed from each owner of the subject property. Therefore, one or more authorization forms must be submitted with the application if there are multiple owners. By: ' Owns ) / Applicant Signatnre JORN w. AEINS Printed Name of Owners) / Applicant NOTARY: STATE OF 4 A L r FDrLA.:a COUNTY OF p The foregoing instrument was acknowledged before me this -5x dsy of I�rvb✓5� 2011. Jobe W. Akins is T personally Mown produced idexatifcstion( f'L ox-OA Aj-r,&, 1; e^ - Type of Identification), did not take an oath. //, i L' e; g -- NAry Admiaistrative Relief Agent Authorization Farm Page I of I J. DAl41EL PENA CO�IAl1A. 9 =145 NQTISRY PUSLIC 0 MIFOPM SAN DIEOO COUNTY 0 fflmation Fakes FEB. 23.2015 In cJ i (Bate) I hereby authorize, LAW OFFICE OF RAY GARCIA, P.A., RAY GARCIA, ESQ. AND PAOLA HUFMBES to be Iisted as authorized agent for JOHN K AIGNS for the Administrative Relief application submittal for Building Pe-3nit and ROGO Application # 07100479, 07100485, 07100483 and 07100486, for property described as Lot: 21, 22, 23, 24, 25, 26 27, BIock 1, Subdivision: Doctor's Arm, Key: Big Pine Key and Real Estate number: 00310280-000000, 00310260-000000, 00310240-000000 and 00310220-000000. This authorization becomes effective on the date this affidavit is notarized and shall remain in effect until terminated by the undersigned. This authorization acts as a durable power of attorney only for the purposes stated. The undersigned understands the liabilities involved in the granting of this agency and accepts full responsibility (thus holding Monroe County harmless) for any and all of the actions of the agent named, related to the acquisition of permits for the aforementioned applicant. Note: Authorization is needed from each owner of the subject property. Therefore, one or more authorization forms must be submitted with the application if there are multiple owners. l B. e s) / Applicant Signature 3OHN K AKINS Printed Name of Owner(s) / AppIicant NOTARY: STATE OF r Ia far COUNTY OF The foregoing instrument was acknowledged before me this day of 2011. John K. Akins is �ersonaIIy known produced identification( Type of Identification), did / did not take an oath. Notary Administrative Relief Agent Authorization Form Page 1 of 1 �"Ay Wary ary Polvc Stale of Fluidii TF Virginia L Gargan My Commission DD854905 ��u,',�d� Expires 0"112013 0 1�1:�:II:�YIrI W 00ou 173450 03AI/2"S 11:87Stli Parcelldenlifcalion No: Filed & Recorded in official Records of tWNROE COUNTY DANNY L • KOL14AGE This lnslrurtlent Prepared By and Relurnto. e3lt7/2005rQtIIt`'6�TRINA $6.70 Virginia Pennell Sunshine Title of the Keys, Inc. Do&# 1734587 102900 Overseas Highway #6 9k# 2404 POO 841 Key Largo, Florida 3 303 7 QUITCLAIM DEED This Qultclalm Deed• made dos e- day rf March, 20� 9, between CANDACE AWNS, whose address is �23D Q W. (/EVIU.QG. Wr��llEGi�grantor. and JOHN W. AKINS and GLENDA AKINS. husband and wife and JOHN K, AKiNS. iwnl tenants weth rights of survivorship whose address is P.O. Box 246• Key Largo. Florida 33037, Grantees. Witnesselh, liar the Grantors, for and in consideration of the sum of -----------TEN & NOII00 ($ I0.00)----------- I -DOLLARS. and other good and valuable consideration to Grantor in hand paid by Grantees, the receipt of which is hereby acknowledged• bave granted, bargained and quitclaimed to the said Grantees and Gramee s heirs and ascigns forever, the following described land• situate• lying and being in the County of MONROE, State of Florida,io-wii Lots 19. 20.21. 22, 23, 24. 25. 26 and 27. Block 1. DOCTOR'S ARM SUBDIVISION• according to the Plat thereof as recorded In Plat Book 3. Page 141. of the Public Records of Monroe County, Florida THE PROPERTY DESCRIBED HEREIN IS VACANT LAND AND DOES NOT CONSTITUTE THE HOMESTEAD OF THE GRANTOR. NOR IS IT CONTIGUOUS THERETO. To Have and to gold the same together with all and singular the appurtenances ihereunlo belonging or in anywise appertaining, and all the estate. nght, title, interest, lien. equity and claim whatsoever of Grantor, either in law or equity, for the use, benefit and profil of the said Grantees forever. In Witness Wbereof, the Grantor has hereunto sei her hand and seal the day and year fuse above written Signed. s led and deI din our presence �•� �� W-itposs #I Signature AGYNDAAC AMS Z-/Yl"L Lt IGL)fI P.O. Box 246, Key Largo. Florida 33037 STATE OF FLORIDA COUNTY OF MONROE / The foregoing instrument was acknowledged before me this d of March, 2009, by CANDACE AKINS who is personally known io me or who bas produced t c— as identification, SEAL ```��INttt ViR ftN/�ii� ` �"Pi, �9 �. . '1aV -. a� y tart tune Printed Notary Signature My Commission MONROE COUNTY OFF2CiAL. RECORDS File # 0902430 =44MAI � =1 6-4 =;', = From: Grimsley-Susan Sent Monday, July 09, 2012 11*56 AM To: StanWievAa-Tiffarry Cc: rgarcia@raygardalaw.com Subject Aldins 1 ''1 21 C i UiDel LU ;.T L L- 1111 12th St. Key West, FL 33040 Ph. 305.292.3470 Fax 305.292.3516 Marathon Telephone 305.289.2500 'rom: Grimsley-Susan Sent: Tuesday, August 21, 201211:34 AM To: Ray Garcia (rgareia@raygarcialaw.com) cc Stankiewia-Tiffany; Schwab -Townley; Hurley -Christine; Tezanos-Mayra Subject: Akins Administrative Relief Hearings Please be advised that the regular meeting of the Monroe County Board of County Commissioners has been changed to September 21, 2012. This was done at the meeting of August 15, 2012. The hearings on the applications you have submitted on behalf of the owners (Akins) for administrative relief will be scheduled for 3:00 PM on September 21, 2012 at the Marathon Government Center 2798 Overseas Highway, Mile Marker 50, Marathon, Florida. Please acknowledge receipt of this e-mail. Thank you very much. TelephoneKey WeA FL 33040 Ph. 305.292.3470 Fax 305.292.3516 Marathon 0,+ Q NEW APPLICATION �URM: PROAWM TIER � ROE COUNTY PLANNING DEPART�IIENT APPLI ON FOR RESIDENTIAL PERMIT ALLOCATION : (305) 289-no PWAndon Key: (305) 02-7100 Application Fee: 00 + $20.00 Technology fee MO MP CATM FM l� W ) PLEASE PRINT AND A q. q A COPY OF q PROPERTY RECORD CARD IF YOU HAVE QUESTIONS OR WISH TO MAKE POINTMENT TO DELIVER YOUR APPLICATION. PLEASE CALL THE GROWTH MANAGE FFICE CLOSEST TO YOUR PROJECT, ONCE THIS APPLICATION IS ACCEPTED AND D COMPLETE, REVISIONS WILL ONLY BE ACCEPTED IF A NEW APPLICATION IS SUBM Owner(s)Name: Al Ilk 15 QPh. Mri 3 H) 16S VI:3 S`9f Mailing Address: � r City: State. P: 33193 Agents Name: Ph (W) (H) Mailing Address: I City: State: zip: PROPERT DEitRIFrn t _ Subdivision .��. j Qk Key i Skeet b" Sc' 1, MM. 3�_ RE: rfmaoes yescrtptfon on saps aft aim t NUMBER OF UNITS: Mobile jome i House: V RV: Lire- aboard: Others: _ Check Yes or No. If Yes, l sr� arch the requested doc n wit: Yes —No V The project is r` contiguous lots In a legally platted subdivision with water, electricity, and paved roads or is a" below density. Please attach a copy of a proposed restrictive covenant limiting the number of app . oWthe property and muting In favor of and enhwoeeble by the County. x — Mal T� �ft(s) +MII bye ajlor�dable housing. Attahment required is a current atfardable housing approval tram thu Planning papar�nt Yes — No The proposal dedication of vacant, buildable land located In areas proposed for acquisition. Atrachnner�� with tMs gV4catlon are: 1) NOW from the Bb WgW stet N the p aperty is dwkWw*, 44 proof of a♦ oenship, 3) copy of We insurance, 4) proposed WARRANTY DEED(S) (QA Claim DeedsYA not be accepted), and 5) land dedications mast be in the same ownership as the owner II RD?" uu the app�t has an approved land dedicx�rr owtificate. Please list the RE:'(s) is Yes — No j v Transfer of ROq Atfarlrment regy Order appraving I co * Met 1)1 have read and ! A# pmv iLbro of laws and ardj imWing Me of Local' and 3) Time pedo& for County I signature of Notary 11 tb bef� Aallykrrow�r mahas� i TO BE COMPLETED BY i 712M emp>ions (TRE's) are being ulilimed In the development of attached dwaing Wits. The 1410= t must submit a copy or a owwW copy Of the recanted Devoopment RE's for ttua project TRE's Woe to be used for this appliesion. rod this 4V*aoa BMWwwift and larow same to be hose and correct 2) a goH* type of warir are cnrr;oGtsd-WM whadw spsa W@d herein or no( or FWWW mgorienw* mg&a ft corasbr xgw or a* pwftmanoe of c nouctbn, set him in Seaton 9 5-113 of tba..Cowev Casa anomms&w m,haarr DATE: L la Y TIME: PERMIT #0)' 99M NDERte or f! a00eAm I 1 nU2LUL9W=MW 2798 Overseas Highway Suite #410 Marathon, FL 33050 Voice: (305) 289-2500 FAX: (305) 289-2536 i County of Monroe Growth Management Division r issgpeLs Mayor George Neugent, Dist. 2 Mayor Pro Tem Sylvia J. Murphy, Dist. 5 Kim Wigington, Dist. I Heather Carruthers, Dist. 3 Mario Di Gennaro, Dist, 4 we strive to he caring, professional and fair CERTIFIED MAIL 70062150 0001 0488 1131 April 27, 2009 John Akins 107 First Terrace Key Largo, FL 33037 RE: ROGO Applications 07100486; 07100479; 07100485; 07100483 Dear Mr. Akins: The Planning & Environmental Resources Department has found a scoring error on ROGO applications 07100486; 07100479; 07100485; 07100483. The proposed development in each of these applications is located in the `V' flood zone. Therefore, each application has been given the -4 point assignment for being located in the `V' zone special flood hazard area. If you have any questi please contact me at 305-289-2513. X1ffjffiy Stankiewicz Sr. Planning Tech. cc: Townsley Schwab, Planning & Envira nental Resources Director PE C, 9 c C) CA 06 06 OWN=-M- _ �_ mN a 0 F 7006 2150 0001. 0488 1131 1 © 4S i6 7i 1-9 Q «� 77- vu c Zi 0 w ., ru Ln a Q a ❑ ❑ ar a o00 N i 0 N E Appeal withdrawn from the July 21,, 2010 Board of County Commissioners Meeting 8 0 M, page 1 of 2 StanldvMcz-Tlftny From: Garnsle"Usan Sant Tuesday, August 17. 2010 4:24 PM Tw. Lee Rohe cc: Hutton -Suzanne; StenkWMcz Tiffany; Schwal.Townsley. Hurley -Christine S"et: RE: Alkens Appeal Thank you. Susan Grirmley, Asst. County Attorney 305-292-3470 Fnxn: Lee Rohe [Mallb Irrbw*bebOuth.neQ Seub MMW, August 16, 201012:22 PM To: Grimsiey-Susan Sum P w: tOmmew's ROGO Item re property Owner Aikens Susan, Please be advised that I will rM be representing Banks PrevaA Alkens or Holloway in the matter Captioned below. Thanks. Lee R. Rohe FromRohee To: G Cc: B r+evatt aol com Sari: Tuesday. July 20, 20101I'll 8 AM SUN"t Re: tonmrrow'S ROGO item re property ownerAlkens Yes, you're right. -- Oralmd Message •--- From:GrIrnslev-Susan To: Mm ristine ; Lee Rohe Cc' u e Sera Tuesday. July 20.201010'31 AM SUNK* RE tomorraWs ROGO item re pnnperty owner Mkens My understanding Is that they want the appeal to stay In place so that it can be rescheduled at a later date. Lee, Can you Confirm that? Susses Ch msley, AwL Couuty Attorney uu rah street key west, 8 33"o 3 I'va- wo Key we4.. 30S.28q 5CM Manffion From: Hurley -adore Seft Y, MY 20, 201010:29 AM To: G kdey, Susan SWOUt RE: UMMOWS ROGO Rem re property owner Adams Which are they doing- withdrawing or deferring? 8/17/2010 N Page 2 0 2 Fnam: Gdmdw-Susan t' Soft Today, 3uiy 20, 20101(k23 AM Toe Gee Rohe; Huftf-ChrlStine; Huth -Suzanne m• Stanidewiim-TIftny RE: twwm) 's ROGO Rem re property owner Aiken Since this is not a public hearing, Ms. Hutton will delete it at the beginning of the meeting as a change to the agenda. Susan Grimaley, Asat. County Attorney ns Mh street key west, R 33040 305. 292-3470 Key West 305489.250o Marathon Fr+am: Gee RDW [mairwarrlawobeilsouth.rj Soft Today, 3uiy 20, 201010:13 AM Toe Grimsky-Susan GO iagprevafi O.Com S ddect-, tomwo s ROGO item re property owner Aiio% This will confirm our agreement to withdraw, defer or table the above item when it comes up at tomorrowes BOCC meeting. Thank you for your courtesy. � Lee R. Rohe 745-2254 0 No vines found in this incoming message. Checked by AVG - www.avg.cm Version: 9.0.839 / Vn n Database: 271.1.1/3017 - Release Date: 07/20/10 02:36:00 SA 2010 wj 0 lot BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: ul 2 2 10 Division: t Bulk Item: Yes _ No _X Department: P Staff Contactftone #: Effga Stanla .� 9- 1 AGENDA ITEM WORDING: An appeal of the ROGO Allocation rankings of the Monme County Planning Commission for applications #07100486, #07100479, #07100485 and #07100483 in Planning Commission Resolution 04-10 dated March 10, 2010 and approval of a resolution approving the ROGO rankings and DSNYING the appeal by the appellant, John K. Akins. ITEM BACKGROUND: The applicants submitted flour ROGO applications 07100479, 07100485, 07100483, and 07100486 on June, 12, 2007, which staff incorrectly scored without a VE flood zone deduction of four points pursuant to the tier ordinance criteria. One of the four applications was scored in error based erroneous survey. The four errors were discovered when staff researched the applications based on information from another applicant regarding point deductions for the VE flood zone. The applicants were notified by certified mail return receipt as soon as the error was discovered. On May 15, 2009 the certified receipt was signed. Since the errors were discovered by stair; the Planning Commission has approved five ROGO reflecting the four point deduction on the four applications. On March 30, 2010 John K. Akins, through his agent Banks Prevatt, filed an application to appeal the ROGO rankings and points approved by the Monroe County Planning Commission on March 10, 2010 by Planning Commission Resolution PO4-10. On May 27, 2010 Banks Preva% applicants agent requested a continuance to the July 21, 2010 Board mee ft Since the filing of the appeal the Planning Commission reviewed and approved another quarterly ranking for the Big PineJNo Name Key subarea on June 9, 2010. This was the 51h quarterly meeting reflecting the scoring cornctions where neither the applicant nor an authorized agent where present. PREVIOUS RELEVANT BOCC ACTION: On March 15, 2006, the Board adopted Ordinances 009 2006. CONTRACT/AGREEMENT CHANGES: NIA STAFF RECOMMENDATIONS: Staff recommends the Board of County Commissioners AFFIRM the Planning Commission ROGO Rankings for these four applications and deny the appeal. TOTAL COST: NIA INDIRECT COST: NIABUDGETED: Yes QUA No DEFTERENTL L OF LOCAL PREFERENCE: COST TO COUNTY:_ SOURCE OF FUNDS: NL. REVENUE PRODUCING: Yes _ No AMOUNT PER MONTH __ Year „{ APPROVEDBY:Atty X DOCUMEN7ATION: Included O —qLRisk Management � _Nat ReXired? _ DISPOSITION: AGENDA ITEM # M its il�trt;;; MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: Monroe County Board of County Commissioners From: Tiffany Stankiewicz, Development Administrator Through: Townsley Schwab, Sr. Director of Planning & En ironmental Resources Date: June 21, 2010 Subject: Administrative Appeal by John K. Akins concerning property described as Lots 19, 20, 21, 22, 23, 24, 25, 26, and 27, Block 1, Doctors Arm Subdivision, Big Pine Key Meeting: July 21, 2010 1 I DECISION BEING APPEALED: 2 3 The appellant, John K. Akins, is appealing the reduction of ROGO points and the rankings 4 approved by the Planning Commission March 10, 2010 under Resolution 04-10 which 5 affected his four ROGO Applications. The subject parcels and applications are under the 6 ownership of John K. Akins, John W. and Glenda Akins. The appeal is based on the original 7 incorrect scoring of the properties as being in an AE flood zone when the properties are, in 8 fact, in a VE flood zone (-4 points). 9 10 Monroe County Code Section 138-1, Appeals states that an appeal from the decision of the 11 Planning Commission on a ROGO allocation shall be made to the Board of County 12 Commissioners within 20 days of the Planning Commission's decision. The filing of an 13 appeal does not stay either the action of the Planning Commission or the action of the 14 Planning Director. This appeal of the approved ROGO Rankings by the Planning 15 Commission from March 10, 2010 was filed in a timely manner. However, the actual point 16 reductions and ranking changes occurred in June 10, 2009 by Planning Commission 17 Resolution P23-09. The Code does not specify that the appeal must follow after any specific 18 quarterly ranking. 19 20 Originally staff was prepared to schedule the appeal at the June 2010 Board of County 21 Commissioners meeting. However, prior to the agenda deadline, Mr. Prevatt requested a 22 continuance to the July Board meeting. 23 24 Since the filing of the appeal the Planning Commission has reviewed and approved another 25 quarterly ranking for the Big Pine/No Name Key subarea on June 9, 2010. This was the 5'h 26 quarterly meeting reflecting the scoring corrections where neither the applicant nor an 27 authorized agent where present. p;t 28 29 Page 1 Reviewed by 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 33 34 Applications and Locations: 1) Building Permit Application & ROGO Application: #07100486 Legal Description: Lots 21 and 22, Block 1, Doctors Arm Subdivision, Big Pine Key, Monroe County, Florida Real Estate Number: 00310220.000000 2) Building Permit Application & ROGO Application: #07100479 Legal Description: Lot 23 and SLY 26 ft Lot 24, Block 1, Doctors Arm Subdivision, Big Pine Key, Monroe County, Florida Real Estate Number: 00310240.000000 3) Building Permit Application & ROGO Application: #07100485 Legal Description: Lot 27 and NLY 51 ft Lot 26, Block 1, Doctors Arm Subdivision, Big Pine Key, Monroe County, Florida Real Estate Number: 00310280.000000 4) Building Permit Application & ROGO Application: #07100483 Legal Description: Lot 25 and SLY 17 ft Lot 26, Block 1, Doctors Ann Subdivision, Big Pine Key, Monroe County, Florida Real Estate Number: 00310260.000000 Appellant: John K. Akins Agent: Banks Prevatt II BACKGRO INFO nON: A. B. C. D. Page 2 Land Use District: Commercial Fishing Special District (CFSD-8) Future Land Use Map (PLUM) Designation: Mixed Use/Commercial Fishing (MCF) ROGO Subarea: Big Pine Key/No Name Key Tier Designation: Tier 2 ,•,• Jam... _ ■ vYarUW kouzuneu In olue) tzV09) White line shows separation of the AE Flood Zone and VE Flood Zone Reviewed byT4 1 2 3 III RELEVANT - PRIOR COUNTY ACTIONS: 4 The chart below shows a chronology of application submittal dates (Building Department 5 AppIications to ROGO Applications), description of flood zone information provided on 6 BuiIding Application PIan submittals, survey submittals showing flood zone information, 7 approximate date of scoring error discovery, scoring error notification to applicants' address 8 of record, Planning Commission Resolutions indicating scoring error corrections. 9 10 A Umtlon No. Real Estate No. 107100496 07100485 1 07100483 07100479 100310220.000000 1 00310280.000000 1 00310260.000000 00310240.000000 Building Application DateThe Jan. 31, 2007 Jan. 31, 2007 Jan. 31, 2007 Jan. 31, 2007 Applicants Building Plana Pre Tier System minus Pre Tier System minus Pre Tier System minus Pre Tier System minus 1 for AE Flood Zone 6 fbr VE flood zone 6 for VE flood indicated flood zone zone 6 for VE flood zone deduction plats Survey from Lawrence P. Frank Survey indicated Entire property in VE Entire property in VE Entire majority of property' in zone ProIh' VE dated Dec. 4, 2006 AE Zone and a small zone zone. Indicated property portion in the VE flood flood zone, zone (Survey error discovered in 2009 revealed a &ff~ proportion of the AE Zane vS. die YE Zone . Building Department reviewed plans for Reviewed for AE Zone Reviewed for VE zone Reviewed for VE zone Reviewed for VE zone construction. AVJVE Zone construction construction construction construction. Bnllding Department forwarded May 30, 2007 June 6, 2007 Juae 6, 2007 June 64, 2007 application to Planning to contact applicant to eater MEN MUUU � June 12, Application Initial scoring of ROGO Applicatic ROGO Application scored as if in AE for Quarter that I Zone discovered Date certified letter sent regarding scoring error _ Date return receipt Quarter 3 Yr 17 indicated scoring correction ROGO Rankings Quarter 4 Yr 17 still referenced the scorinst correction Page 3 12, 12, xuuu Appucation ROQO Applicgtion ROGO Applicatio scored as If in AE scored as if in AE scored as if in AE Zone Zone I Zone -r y Apra ZUoy, poet Tier System Early Aprr7 2009, post Early April 2009 post p° Earl Y April 2009, post should have indicated -4 Tier S System should have indicated -4 Tier System should have indicated Tier System should have fiats olms -4 oinu indiesled -4 oints April 27, 2009 April 27, 2009 April 27, 2009 April 27, 2009 May 15, 2009 May 15, 2009 May 15, 2009 May 15, 2009 Planning Comm! an Planning Commission Piaaning Cotamissiaa Planning Commission Approved Resolution P23-09, June 10, 2009 Approved Resolution P23-09, June 10. 2009 Approved Resolution P23-09, June 10, 2009 Approved Resolution P23A June 1% 2009 Planning Commission Approved Resolution Planning Commission Approved Resolution Planning Commission Approved Resolution Planning Commission P42-09, Sept 2, 2009 P42-09, Sept 2, 2009 P4249, Sept 2, 2009 Approved Resolution P42-09, Sept 2, 2009 Reviewed by =ice N M 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 ROGO Rankings Planning Commission Planning Commission Planning Commission Planning Commission Quarter 1 Yr 18 Approved Resolution Approved Resolution Approved Resolution Approved Resolution continued with P55-09, Dea.15, 2009 P55-09, Dec. 15, 2009 P55-09, Dec. 15, 2009 P55-09, Dec. 15, 2009 correct points ROGO Rankings PlaaniA9 Commission Planning Commission Planning Commission Planning Commission Quarter 2 Yr 18 Approved Resolution Approved Resolution Approved Resolution Approved Resolution continued with PO4-10, March 10, PO4-10, March 10, PO4-10, March 10. PO4-10, March 10, correct points 2010 2010 2010 2010 ROGO Ranldnga Planning Commission Planning Commission Planning Commission Planning Commission Quarter 3 Yr 18 Approved Resolution Approved Resolution Approved Resolution Approved Resolution continued with P10-1 % June 9, 2010 PI 0-10, June 9, 2010 P10-10, June 9, 2010 P10-10, June 9, 2010 correct olnte The above chart shows the pertinent information from the initial submittal of the four applications to the Building Department. Three applications contained information on the building plans and surveys showing the properties located in the VE flood zone, while one set of building plans and the survey showed the property located in the AE Flood Zone. When the Applicants subsequently entered ROGO in June 2007, staff incorrectly scored the applications without a VE flood zone deduction of four points pursuant to tier ordinance criteria. The errors were discovered when staff researched the applications based on information from another applicant, received by the Planning Department regarding point deductions for the VE flood zone. One of the four applications was scored in error based on an incorrect survey, which was discovered by staff after examining the Flood Insurance Rate Map (see map in the section II above which shows the property boundaries and VE and AE Flood Zone line). On April 27, 2009, the Applicants were sent a certified letter to the address of record regarding the scoring error. A signed certified receipt dated May 15, 2009 was returned to the Planning Department. Subsequently, the scoring corrections for these applications were identified on the approved ROGO rankings, which are available in the Planning Department and on the County web site. From the information in the foregoing chart the rankings were adjusted and maintained at five quarterly Planning Commission meetings and the applicants did not appear before the Planning Commission. IV REVIEW OF APPLICA ON: The decision being appealed is the reduction of ROGO points approved by the Planning Commission on March 10, 2010, Resolution 04-10. However, the actual VE flood zone point change occurred when the Planning Commission approved quarterly rankings on June 10, 2009 (see Resolution P23-09). In April of 2009 the Planning & Environmental Resources Director reviewed the documentation (files, flood zone maps, surveys, plans, etc.) to determine if a scoring error occurred by staff regarding the flood zone points. After the review, the Director determined that scoring errors occurred on the four applications. Therefore, the applicants were sent a certified letter (Certified Mail Return Receipt 7006 2150 0001 0488 1131) dated April 27, 2009 regarding the flood zone scoring error, which was signed for on May 15, 2009. The applicants were notified as soon as the error was discovered. The Department was compelled to correct the error, in order to preserve the rights of other applicants in the ROGO rankings. The rankings of the applicants' properties moved down Page 4 Reviewed by t M I approximately 18 places. The rankings prior to the corrections showed the applicants ranked 2 22, 23, 24, & 25 and the next rankings with the corrections showed them at 40, 41, 42, & 43. 3 4 Mr. Banks Prevatt came into the Planning Department in November of 2009, requesting 5 information about these properties, which was prior to being an agent on the ROGO 6 applications. He later asked for information about an appeal. Appeal information was 7 provided. On March 18, 2010, agent authorization was submitted. 8 9 10 The properties are located in the Big Pine/No Name Key ROGO Subarea This subarea is limited to 8 market rate allocations per year, allowing for 2 allocations per quarter, provided 11 there is enough mitigation to cover the H-value used for allocations. In the quarterly 12 13 rankings approved by the Planning Commission March 10, 2010, the two applicants who 14 received allocation awards each had 20 points and the subject applications of the this appeal each had 8 points. Since the submittal of the appeal and the initial report writing a 15 continuance was requested by Mr. Prevatt to have the appeal heard at the July Board meeting 16 17 rather the June meeting. On June 9, 2010 the Planning Commission reviewed and approved 18 another quarterly ranking on Big PineJNo Name Key Subarea, which reflected the applicants V zone scoring. 19 20 It should be noted that these applications will be eligible for Administrative Relief after the 21 22 quarter closure of July 2011. From the closure of the 16te quarter, after the ROGO application was made, the applicant will have 180 days to submit four Administrative Relief 23 Applications. 24 25 26 There is an alternate avenue available for the applicants to investigate regarding the VE flood 27 zone designation. Property owners may seek a Letter of Map Revision (LOMR) requesting a 28 revision showing their property is located in a different flood zone. There has been a 29 property in Doctors Arm that recently obtained a LOMR. The applicants may contact Diane Bair, Special Projects/Floodplain Administrator for additional information 30 regarding this process. 31 32 33 As an aside, the applicants should contact the surveyor regarding the need for a new survey 34 and also, should contact the Monroe County Building Department regarding any building plan corrections that may be required for the property identified with real estate number 35 00310220.000000. 36 37 38 Staff concludes the scoring was correctly adjusted to reflect the VE flood point deduction. However, if new evidence is submitted to show the properties are in the AE flood zone and 39 40 no portion of the structure is located in the VE flood zone, then the points could be positively adjusted accordingly. 41 42 V RECO ATION: 43 44 Staff recommends the Board of County Commissioners affirm the planning Commission 45 ROGO Rankings for these four applications. {t t 46 Page 5 Reviewed by 0 RESOLUTION No. -2010 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AFFIRMING THE ROGO ALLOCATION RANKINGS OF THE MONROE COUNTY PLANNING COMMISSION FOR APPLICATIONS #071004%, #07,00479, #07,00485 AND #07100483 IN PLANNING COMMISSION RESOLUTION 04-10 DATED MARCH 10, 2010 WHEREAS, John K. Akins, through his agent Banks Prevatt, filed an application to appeal the ROGO rankings and points approved by the Monroe County Planning Commission on March 10, 2010 by Planning Commission Resolution PO4-10; and WHEREAS, the rankings and points being appealed were for four parcels of property identified as RE# 00310220.000000, RE# 00310240.000000, RE#00310260.000000, and RE# 00310280,000000 with ROGO application numbers 07100486, 07100479, 07100483, and 07100485 respectively; and WHEREAS, the survey in the building permit application file for application 07100486 filed January 31, 2007, showed the property erroneously in an AE flood zone which error was later discovered and points deducted for being in a VE flood zone; and WHEREAS, the building permit applications filed on January 31, 2007 showed the parcels in applications 07100479, 07100483 and 07100485 as being in a VE zone; and WHEREAS, the above referenced four applications entered into the ROGO competition process on June 12, 2007; and WHEREAS, staff scored the applications as though in flood zone AE, with no deduction of points; and WHEREAS, staff did not discover the error and correct the applications with the required four point deductions for each application until April of 2009; and WHEREAS, the applicants were notified by certified letter of the correction by letter dated April 27, 2009 signed for on May 15, 2009; and WHEREAS, the scoring was corrected at the June 10, 2009 ROGO rankings by the Planning Commission Resolution P23-09 for Year 17, Quarter 3 and for all subsequent quarters including ROGO Year 17, Quarter 4; ROGO Year 18, Quarter 1; ROGO Year 18, Quarter 2; and ROGO Year 18, Quarter 3; and WHEREAS, the appeal was originally scheduled for June 16, 2010,but a request for the appeal to be heard at the July BOCC meeting was received from the applicant's agent on }'y May 27, 2010; and 0 WHEREAS, the Board of County Commissioners makes the following Findings of Fact and Conclusions of Law: 1. Staff error may not give an advantage to one applicant in the ROGO competition process nor prejudice the rights of the other applicants in the ROGO rankings. 2. The points and rankings of the Planning Commission in Resolution No. PO4-10 are correct with respect to the four parcels of property identified as RE# 00310220.000000, RE# 00310240.000000, RE# 00310260.000000, and RE# 00310280.000000 with ROGO application numbers 07100486, 07100479, 07100483, and 07100485 respectively. NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS; The decision of the Planning Commission as set forth in Resolution PO4-10 for the ROGO applications 07100486, 07100479, 07100483, and 07100485 is hereby AFFIRMED and the appeal by the applicant of the rankings and the deduction of points on the applications for being in a VE flood zone is hereby DENIED. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the th day of July, 2010. Mayor Sylvia J. Murphy Mayor Pro tern Heather Carruthers Commissioner Kim Wigington Commissioner George Neugent Commissioner Mario Di Gennaro (SEAL) Attest: DANNY L.KOLHAGE, Clerk By 0 Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor Sylvia Murphy ,. ME W1- i I0MAIiMM4 M r� U Applicants Application and submittals RM H R %1`131.1C VTlo MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES pECEIVE �Q MDNROE 00. PLANNING D€P'� Appeal of Planning Commission derision to the Monroe County Board of County Commissioners (BOCC) 01010 Appeals of ROGO or NROGO planning Commission decisions roust be Sled with the planning & Environmental Resources Department within twenty (2o) days of the date of the decision. Date of Submittal: 0 3 1- o� a o /d KGth7 Day Year Decision being appealed: Reel &A c t i on o'r len ( 0 A651, n 4 S Date of decision being appealed: 0fo I / o l .x 00 q Month Day Year Appellant: -oho Name PO • Box �z v bra 3 _ _,_. Mailing Address (fteeCCity. State, Zip Code) 305- q`�a�7333 Daytime Phone Lad @ Re F, or4 Email Address Property Owner: n i Name 3v5 qqa- Daytime Phone Agent (K applicable): va Name 9 9 16 7 0 Ve nsr9 0,e •, _L 3 0y3 Mailin dress (Street, City. Stak Zip Code) 3�5'" g7a t 5a6 y Daytime e — a G Pre vc--& [1 ac,1. gad, rv, Email Address aL/6 K s! ar o FL 33D Zip Code} Legal Description of Property: (if in metes and bounds. attach legal description on separate sheet) Block Lot Subdivision Key (Island) Page 1 of 3 HOC.0 %R(rw tppral 1pplicAl"lo t Rc%i-.td Nlssreh 23.:010 2 k l I't 14 a i' 44 *b Real Estate (RE) Number Alternate Key Number i5 IQ; 7 FW'4let� "r p Street'Rddttiss Approximate Mile Marker Land Use District Designation(s): C F S D S a .. Present Land Use of the Property: V Are there any pending codes violations on the property? Yes: No: ✓ If yes, please provide case number: A A COPY OF THE BASIS FOR THE APPEAL IN THE NATURE OF AN INITIAL BRIEF OR STATEMENT OF ARGUMENT AND ANY EVIDENCE INCLUDING TESTIMONY, AFFIDAVITS AND THE CURRICULUM VITAE OF ANY EXPERT WITNESS THAT WILL BE CALLED MUST BE ATTACHED TO THIS APPLICATION. The brief must at a minimum state all grounds for the appeal, including but not limited to, the law being appealed and any facts necessary for interpretation of those laws. (Attach additional sheets of paper) All of the following must be submitted In order to have a complete application subm lttal: (Please check as you attach each required item to the application) Complete appeal application (unaltered and unbound); Proof of ownership (Le. Warranty Deed); Current Property Record Card(s) from the Monroe County Property Appraiser; A copy of the doeument(s), which comprise the decision being appealed; IJ Any evidence and record which forms the basis for the appeal mast be submitted with this application; �❑ Names and addresses of all expert witnesses that you propose to cal! at the hearing; L`7 Photograph(s) of site from adjacent roadway(s); If applicable, the following must be submitted in order to have a complete application submittal; I/ Notarized Agent Authorization Letter (note: authorization is needed from all owner(s) of the subject ropen'y) IT Signed and Sealed Boundary Surveyor Boundary Survey — sixteen (16) sets (please contact Monroe County Environmental Resources prior to application submittal to determine if this documentation is necessary) If deemed necessary to complete a full review of the application, the Planning & Environmental Resources Department reserves the right to request additional information. If new evidence, or the basis for appeal, is submitted at the BOCC hearing, Staff shall request that the hearing be continued to the next BOCC meeting nearest to the property so that Staff has the opportunity to prepare a response to the new evidence, Page 2 of 3 al 1,.1,l%t`1.0'Pe 'gV41 N U 0 0 U ki'l4M kl`IO\MAR aa If the appIicant does not submit the basis for the appeal with the application, Sta i ecommm d emal of appeal, MO i,i. r: A;,%',,,jG WEPT. I certify that I am familiar with the information contained in this application, and that to the best of my knowledge such information is true, complete and accurate Signature of Applicant: Date: Z3r/,3d -;LO/O A1k5 (Print name of Applicant signing Application) Sworn before me this a` day of PC MetNr � or FbL E ICa aftwe &ON out It �0 Cwr ANN A Do @MIT Notary Public 9� ° � a� �.,,�� My Commission Expires Plane send the complete application pa Seto: �� ';0/ U Planning Commissioner Coordinator Monroe County Planning & >;nvironmental Resources Department 2798 Overseas Highway, Suite 400, Marathon, FL 33050 PURSUANT TO SECTION 286.0105, FLORIDA STATUTES, NOTICE IS GIVEN THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS WITH RESPECT TO ANY MATTER CONSIDERED AT SUCH HEARING OR MEETING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT, FOR SUCH PURPOSE THAT PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD 1NCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. SUCH RECORD TO BE AT THE COST OF THE APPELLANT. Please Note: A transcript made from recordings or other secondary mesas does not provide a sufciently accurate record of all the speakers. Therefore, such "secondary" transcripts may not be accepted as a valid verbatim transcript - Page 3 of 3 tL0)t,11 \12(N.t► 11►p�,�l %liplic i1i9,► I?,.%",k'lf ?` .111 WA N 0 LEGAL DESCRIPTION LOTS 19, 20, 21, 22, 23, 24, 25, 26 and 27, BLOCK 1, DOCTOR'S ARM SUBDIVISION, according to the Plat thereof as recorded in Plat Book 3, Page 141 of the Public Records of Monroe County, Florida. 00310280-000000 00310260-000000 00310240-000000 00310220-000000 1382337 1392353 1392370 1382396 REAL ESTATE NUMBERS ALTERNATE KEY NUMBERS Im tk4 { g EO Parcel Identification No: ,�,z„mm 111920 FDllr�id Idea !n Offl6lal 01 fI011i0E t7D1MEY This Instrumem prepared By and Return to: grl�izsoY Il :tom se.76 ntm bot: srnnP eL• rrswn Vltr911hla Pennell Sunshine Title of the Keys, Inc. peril 173141167 i 029W Ovetseaa HiShway N6 1" 2W P10 E41 Key Largo, Florida 33037 QUITCLAIM DEED nib ,��Q�` "DV Aflar. day ofManb 2W. between CANDAC6 Ams, what addnm is tad 10HN W. AK1N8 tad GLENDA AICINS, husband and wig[ sari lOSN iC. AXINS, Joint lettapls with rights of survivorship wime address is P.O. Box 246, Key L-I0. Florida 33M Grantees. WlCrossath, that the Oratms, flar and in coadds " m of the son, of------TENQ MM00 (S14.00)----- _ --•DOLLARS, and ether good end vaMable oomideratimt to Grantor In Land Paid by Grantees, the receipt of which is hereby ula—fedgod, have granted, bargained and goncWmW to the said Gmdm and Oraote-a barn tad atnigas fmavm, the following dead land, tiaate lying and bdag in the County of MONROE, State of Florfda. to -wit: Lots 19. 2% 21, 2% A 24, A 24 and 27, Bladt 1, DOCTOR'S ARM SUMMIS10N, aaeardtog to lbe Plat l av" as recorded In Plat Batt $, Fage 141. of tha Pablle Records of Moom Comfy, Florida. THE PROPERTY DESCRIBED BERM IS VACANT LAND AND DOES NOT CONS'i'mrt THE HOMESTEAD OF THE GRANTOR. NOR IS IT CONTIGUOUS THERETO. To Haves and to Hold the same together with all and smguhr On apptutt>voeq thetetutto belonging of in anywise tpllftubabtg, and ail the estate, right, [Ells, hunmiL Ilan, egtdty and claim whatroever. of Graomr, either is law or equity, for the use, benefit and prafH of dw said Grantees fmaver, to Wit"m Wbov E the Grantor has haeuato gel her hand and seta the day and year first above written. Signed, epyled rid in our presence. ptCARDAC2 AlW S • �r P.O. Het M. Key Largo. Rod& 33037 1 of Prig N STATE OF FLORWA COOM OF MONROL The foregohtg i>tW— tl was selRpwledged baBme mthis �,yANDACE AKINS who is PtfwWhbmM m meorwhohasprouead Ce idearifintiao, SEAL w �r�� ti n Z., : My Cmnmimon He 0 mz430 Printed Notary Sigttaturs me =M, v WFICIRL R t=" Ervin A. Higgs, CFA Property Appraiser Office (305) 292-3420 @dWonroe County, Florida fax (305) 292-3501 Property Record View Alternate Key: 1382353 Parcel ID: 00310240-000000 Ownership Details Mailing Address: AKINS JOHN WAND GLENDA PO BOX 248 KEY LARGO, FL 33037 Property Details All Owners: AKINS JOHN K R1S„ AKINS JOHN WAND GLENDA PC Code: 00 - VACANT RESIDENTIAL MIllage Group: 100H Affordable Housing: No Section -Township- 14�6-29 Range: ProPerttr Location: VACANT WITTERS LN BIG PINE KEY SubdMalon: DOCTORS ARM Legal Description: SK 1 LT 23 AND SLY 25 FT LT 24 DOCTORS ARM SUB P83-141 BIG PINE KEY OR409-362185 0R7B8-1431 OR849- 801102 OR1384-33 OR2101-1457 OR2404-84101C 1',, Show Parcel Map Land Details Land Use Code Frontage Depth Land Arse M10W - RES WATERFRONT 0 0 14.880 00 SF Building Summary Number of Buildings: 0 Number of Commercial Buildings. 0 Total Living Area: 0 Year Built 0 Appraiser Notes SLY 26, OF LOT 24 (RE o0310250-000000 AK 1382361) HAS NOW BEEN COMBINED WITH THIS PARCEL PER OWNERS REQUEST DONE FOR THE 2007TR 5108107 JDC 2007/05 PERfNIT0 07100479 FOR SFH IN PROCESS PER BLDG DEPT(Jdc) Parcel Value History 0 v' 'AeAj-3Ze§ for this Parcet Roll Total Bldg Total Mlsc Improvement Total Land Total Just (Market) Total Assessed School Exempt Schooi Ta) Year Value Value Value Value Value Value Value M a a 2,76a 102„760 102,760Aa 0 102.760 0 0 117.440 - 117,440 117,440 0 117,440 L2008 0 _ 0 411.040 - 411,040 411.040 0 411040 - 0 a 127,500 127,500 - 127.500 0 127,500 0 0 - 127,500 127,500 - 127,600 0 1275ao 0 0 51.000 51,000. 51.000 0 51.000 2003 -- a - a 44.625 44,625 44 625 0 - 44,625 2002 0 - 0 - ... _.. 44.525 44,625 - 44,825 --0 44,825 �� 0 - 0 44,625 - 44,625 44,625 - 0 44,625 2000 a 0 44,us 20.775 -"26,775 0 26.775 1999 a 0 44,825 26775 26,775 0 26.775 1990 0 0 44„825 26,775 26,775 0 26 775 1997 0 0 44,025 28,775 20,775 0 28775 1998 0 0 44,825 26,.775 26,775 0 26775 1996 0 0 44;,625 44,625 44,625 0 44,625 1994 a 0 44.625 44.625 44,625 0 44.625 1993 0 0 44.625 44.625 44,625 0 44,625 1992 0 0 44,625 44,625 44,625 0 44.625 1991 0 0 44.625 44,025 44 625 0 44,826 1990 0 -.-_. 0 41,650 41.650 41,650 a 41.850 1999 0 0 _ 37,625 37,825 37.825 0 37 825 1988 0 0 25-� - 25,500 -._ 25.500 a 25 500 1987 0 0 26,500 25,500 - 25,500 - 0 - 28,500 198a 0 0 25,500 25,500 25,500 0 25,500 �� , ; 1988 p - a - --- 22.000 _- _ -- 22,000 22,000 0 22.000 1984 0 0 22,000 -__ 22,000 22,000 0 -_ 22,000 1983 0 a 22,000 _ 4000 22,000 0 22.000 1682 0 0 15.909 15.909 15,Ba9 0 15.909 Parcel Sales History NOTE Sa,Ns do no', gereraj:'y slir)w up in our compu zi, system •jrgi' abort tw,) o i1wee nvwllt s a ;ar :l r7 Wibe, ;;Ops rot :,nciw -ip En '11:3 V p:eaSe 8'�ow mor `.#nle fo. frig Sair -eLcro "^3 r-c Sale Date OSficiai Records Book/Page Price instrument Qualific MUM 2404/841 100 QC 11 3130/2005 2101 11457 1 1nx 1 This page has been visited 244„519 times, Monroe County Property Appraiser Ervin A, Higgs, CFA P.O. Box 1176 Key West, FL 33041-1176 101 Ervin A. Higgs, CFA Property Appraiser Wonroe County, Florida Property Record View Alternate Key: 1382370 Parcel ID: 00310260-000000 Ownership Details waning Address: All Owners: AKINS JOHN WAND GLENDA AKINS JOHN K RlS, AKINS JOHN W AND GLENDA PO BOX 246 KEY LARGO, FL 33037 11 DfRce (305) 292-3420 fax (305) 292-3501 Property Details PC Cale: 00 - VACANT RESIDENTIAL Millege Group: 100H Affordable Housing: No Sectlon-Townshi 1.4.29 Property Locallon: VACANT WITTERS LN BIG PINE KEY Subdivision: DOCTORS ARM Legal Description: SK 1 NLY 24FT OF LOT 24 AND ALL LOT 25 AND SLY 17FT LOT 26 DOCTORS ARM SUB P83-141 BIG PINE KEY OR409- 3&V85 OR788.1431 OR849-801/02 OR1384-33 OR2101.1457 OR2404841 Q1C Show Parcel Map Land Details Land Use Code Fro a Depth Land Area MiDW • RES WATERFRONT 0 0 14,746 00 SF Building Summary Number of Buildings: 0 Number of Commercial Buildings: 0 Total Living Area: 0 Year Built: 0 Misc Improvement Details Nbr RE2 A Units Length Width Year Built Roil Year Grade Life 1 CL2 CH LINK FENCE 402 SF 67 6 1984 1985 1 30 Appraiser Notes S1LY 1 T LT 26 (RE 00310270-000000 AK 1382388) & N'LY 24' LT 24 (RE 003102504300000 AK 1382361) HAVE NOW BEEN COMBINED WITH THIS PARCEL PER OWNERIS REQUEST, DONE FOR THE 2007 TR 5MM7 (JDC) `.006105 PERMIT A 07100483 FOR SFH IN PROCESS PER BLDG DEPT REMOVED OVERRIDE AS LOT IS BEING USED. m I Parcel Value History C : r Vied RON "Values View 'Taxes for is Parcel Roll Total Bldg Total Mbe improvement Year Value Value 2009 0 281 2008 0 281 2007 0 251 2006 0 636 2005 0 636 2004 0 636 2003 0 636 2002 0 684 2001 0 748 2000 0 485 1999 0 514 1998 0 552 1907 0 581 1996 0 610 1995 0 649 1994 0 678 1883 0 707 1892 0 748 1991 0 775 1900 0 a" 1986 0 843 1888 0 872 1087 0 001 1986 0 940 1985 0 0 4 0 0 F1983 0 0 2 0 0 Total Land Total .lust (Market) Total Assessed School Exempt School Tax Value Value Value Value Value 103.222 103.503 103,503 0 103,503 117,988 118.249 116,249 0 118,249 412,888 413,139 413,139 0 413,139 94.125 94.781 94,761 0 94.761 94,125 94761 84.761 0 94,761 37,650 38.286 38.286 0 38.288 32,944 33,580 33,580 0 33,500 36,238 38,922 36,922 0 36,922 36,238 36,886 38,95e 0 36 988 36,238 36,723 36,723 0 3e,723 36,236 3e,752 36,752 0 36,752 36.238 22,353 22,353 0 22,353 36.238 22,353 22,353 0 22,353 36,238 22353 22,353 0 22,353 38,238 36,887 36,887 ._- 0 36,887 36,238 36.916 36,91e 0 • .1.- 36.916 36,236 38,945 36.945 0 36 945 36.236 36,984 36.964 0 36.984 36,238 37.013 37.013 0 37,013 33,822 34.625 34A25 0 34,628 30.716 31,559 31.558 0 31.559 20,708 21580 21,580 0 21,580 20.708 21,609 21,609 0 21609 20,708 21.648 21,648 0 21,648 19.900 19,800 19,800 0 19,800 18,800 19,800 19,800 0 19,800 19,800 19,800 19.800 0 19,800 14 449 14.449 14.448 0 14.448 Parcel Sales History t%.'c .i 531e.% (sec -*'. qen era ry sno'.'v 03 ,r) "A" k-OrrPl1 el SySiem [ If'I-360-ut 1's0 t7 Er-ee "•{sf 1,,3 aft?- #-a '.��e t"• '�rRk� f "E 'e'l-&it 531e goes P'ni snow jo if, ir'15 iiSi :jleasf' ":j ' r'. SP°e record ,H'A'/ULI r, ,<I ^�4tIN,!.e and .IroE 5l3n� ng z5are pate Official Records Bc 316/2009 2404/841 3130JMS 2101 r 1457 'rice Instrument Oualific 100 Oc 11 1 WD M This page has been visited 244,515 limes Monroe County Property Appraiser Ervin A. Higgs, CFA ErvinA. Higgs, CFA Property Appraiser 9�; Monroe County, Florida r�� _ r Property Record View Alternate Key.- 1382396 Parcel ID: 00310280-000000 Ownership Details !Melling Address: All owners: AKINS JOHN WAND GLENDA AKINS JOHN K RIS, AKINS JOHN WAND GLENDA PO BOX 246 KEY LARGO. FL 33037 E office (305) 292-3420 fax (305) 292-3501 Property Details PC Code; 00 - VACANT RESIDENTIAL Millaga Group: 100H Affordable Housing: No Section Township- 1446-29 Range: Property Locadon: VACANT vvrr ERS LN BIG PINE KEY Subdivision: DOCTORS ARM Legal Description: BK 1 NLY 51.5FT OF LOT28 AND ALL LOT 27 DOCTORS ARM SUB PB3-141 BIG PINE KEY OR409-382185 OR78&1431 OR849-801102 OR1384-33 OR2101-1457 OR2404-841010 k" Show Parcel Map Land Details Land Use Cods Front M10W - RES WATERFRONT 0 Building Summary Number of Buildings: 0 Number of Commercial Buildings: 0 Total Living Ares: 0 Year Built; 0 Misc Improvement Details Nbr TYE2 A Units Length Width Year Bi 1 CL2ZH LINK FENCE 594 SF 99 6 1984 Appraiser Notes 0 1985 17.390 00 SF 1 30 REMOVED OVERRIDE AS LOT IS BEING USED. LY 51 5' OF LOT 26 (RE 00310270-000000 AK 1382388) HAS NOW BEEN COMBINED WITH THIS PARCEL PER OWNER'S REOUEST DONE OR THE 2007TR 5108M7 (JDC) 2007105 PERMIT# 071 OD485 FOR SFH IN PROCESS PER BLDG DE PT Parcel Value History View Taxes for this Parcel Roll Year Total Bldg Value Total Mlac Improvement Total Land Total Just W"ket) Total Assessed School Pxempt school Tax Value Value Vatue Value Value Value 2000 0 416 121,730 122146 122,146 0 122,146 2008 0 416 131,120 131,5w 131,536 0 131536 2007 0 371 458.920 469.291 459,291 0 459,291 2006 0 2,398 153.750 156,146 156,140 0 156,140 005 [2004 0 2,442 163,750 156,192 156.192 0 156.192 0 2,485 61,500 63,965 63,9a5 0 63,985 2003 0 21528 53613 56,341 56,341 0 56,341 2002 0 2,.626 64, 575 67,203 67.203 0 67.203 200 00 2,746 64,575 67.321 67,321 0 67,321 2000 0 1.679 64,575 66,264 66,254 0 Be,254 1999 0 1,738 64,575 66,313 6a,313 0 66,313 1998 0 1.009 64,575 39,463 39,483 0 39,463 i997 0 684 64,575 39.463 39,463 0 39.463 19" 0 710 64,575 39,463 39,463 0 39,463 1995 0 764 64,575 65.339 65,339 0 05,339 19" 0 790 64,575 65373 95,373 0 65.373 1993 0 632 84,575 65.407 85,407 0 65,407 1992 0 878 64,575 65,453 65,453 0 65,453 I- 0 912 64,575 65,467 65,487 0 65,467 1990 0 946 60.270 61,216 61,216 0 61,218 1909 0 992 54.735 55,727 55.727 0 55 727 1900 0 1„026 30.750 31„776 31,776 0 31776 1987 0 1,060 30,750 31,810 31,610 0 31.810 1986 0 1,106 30 750 31,056 31,856 0 31 656 1905 0 0 26,400 26.400 26,400 0 26,400 1984 0 0 26.400 26 400 26,400 0 26,400 1903 0 0 28,400 26,400 26,400 0 26.400 1902 0 0 20.642 20.842 20.S42 0 20.842 Parcel Sales History NU FE "73 e'S rIC )or 17e'I?r � l'.',! Srjow op 'r nc4r G!iTC, tter sy3terr% k:ptli =3or ut'Nc "n -- -`Q � � IF. ' T 'i,1;f ' .4 5aie -hoes ow shore .p n pjvs ,1.5t. o�eh4e i4•` cw mole lane i'. r `Itr 34fe Ca, 6r" and kindo.,starr •ny Sale Rate Of"clal Records Book[Page Puce Instrument Gualifk 316/2009 24041841 100 Oc I1 3/30/2005 2101 / 1457 1 wo M This page has been visited 244,507 tunes Monroe County Property appraiser Ervin A Higgs, CFA Ervin A. Higgs, CFA Properly Appraiser Wonroe County, Florida Property Record View Alternate Key: 1382337 Parcel ID: 00310220-000000 Ownership Details Malltng Address: All Owners: AKINS JOHN WAND GLENDA AKINS JOHN K R/S AKINS JOHN WAND GLENDA PO BOX 246 KEY LARGO, FL 3W37 office (305) 292-3420 fax (305) 292-3501 Property Details PC Code; 00 - VACANT RESIDENTIAL WIlage Group: 100H Affordable Housing: No SeCtlon-T 14-66-29 Property Location: VACANT WITTERS LN BIG PINE KEY Subdivision: DOCTORS ARM Legal Description: SK 1 LOTS 21 AND 22 DOCTORSARM SUB P03-141 BIG PINE KEY OR409-38M OR788-1R31 OR849-801102 OR1384- 33 OR2101-1457 OR2404-841Q/C Show Parcel Map Land Details Land Use Code Fro Depth Land Area M10D - RESIDENTIAL DRY 100 167 16,700.00 SF Building Summary Number of Buildings: 0 Number of Commercial Buildings: 0 Total Living Area: 0 Year Bulh: 0 Misc improvement Details Nbr Type Units Length Width Year Bulh Roll Year Grade Life I CLZCH LINK FENCE 3 204 SF 534 6 1984 1985 1 30 2 UB2 UTILITY BLDG 120 SF 12 10 1994 1985 2 50 3 CA2,CARPORT 120 SF 12 10 1984 1985 1 50 ppraiser dotes 'PAST USE WAS FOR TRAP CONSTRUCTION„ AS OF 11109 UB IS VACANT, DRY PARCEL IS OVERSIZED FOR AREA - KEY ADJUSTMENT FOR 2010 TRAL108 LOT 22 ( RE 003:0230-000000 AK 1382345) HAS NOW BEEN COMBINED WITH THIS PARCEL PER OWNER'S REQUEST DDNE FOR THE 2007TR 5MM7 JDC 2007105 PERMIT of 0710486 FOR SFH IN PROCE . BLDG DEPT REMOVED OVERRIDE AS LOT IS BEING USEt7. Parcel Value History c a,-tre i Roy. va'Ut:s View Taxes f r this Parcel Roll Total Bldg Total Mlsc Improvement Year Value Totat Land Total Just lMarketj Total Assessed School Exempt School Tax Value Value Vatue Value Value Value 2009 0 3,209 50,100 53309 53.309 0 53,309 2008 0 %246 66,800 70,048 70,048 0 70,048 2007 0 3,042 167,000 170.042 170.042 0 170.042 2006 0 3,364 112.725 119,089 116 089 0 116.089 2008 0 374 83,500 83.874 83.874 0 83,874 2004 0 374 25,060 25 424 25,424 0 25.424 2003 0 374 8,350 8,724 8724 0 8,724 2002 0 402 8350 8752 8,752 0 8,752 2001 0 440 8,350 8,790 8,790 0 8.790 2000 0 285 8,350 8835 8,635 0 8.635 1999 0 302 8.350 8,852 8,.652 0 8.652 1998 0 325 8,350 5,369 5 369 0 5 389 1997 0 342 8,350 5,369 5..389 0 5.369 19" 0 359 8,350 5,369 5.369 0 5.369 1� 1995 0 382 8,350 8.732 8,732 0 &732 1994 0 399 8,350 8,749 8,749 0 8,749 1993 0 416 8,350 81758 8.766 0 8.768 1992 0 439 8,350 8.789 8,789 0 8.789 1991 0 458 8,350 8 806 8,806 0 8,806 1990 0 473 8,360 8.823 8.823 0 8.823 1989 0 496 8.350 8,846 8,848 0 8846 0 513 8,350 8.863 8,663 0 8.883 [1988 1E9870 530 8,350 8,88D 8.880 0 8.8800 553 8,350 8.903 8,903 0 8.903 1986 0 0 8,350 8,350 8,350 0 8.350 1984 0 0 8.350 8.350 8.350 0 8,350 1983 0 0 8.350 8350 8 350 0 8.350 1982 0 0 3,507 3.507 3 507 0 3 507 Parcel Sales History '•i!. l 7i�! S ar '1U"[ ger,- rs'--'y stir w :p "' OX L.f)trpv,,rer sysleor, ti. til :,r L+...t to I0'"ee it or tris afte, .,,(I .jars e. . sP,,! - Cc:e r ;zue cues rot�sncw up 4: h,s bst please alloy, mare tame `car �1*q 8=e reCo.c -C< be processed T ,rx - /r;c, ;•�, y ,�:r pna:-ce o unders,and:ng Sale Date W2009 Official Records BooWpage 2404 / 841 Price 100 Instrument CIC Oualft 11 3130/2005 2101 / 1457 1 WD M This page has been visited 244-526 times @ DOCUMENTS WHICH COMPRISE THE DECISION BEING APPEALED 1. Residential Dwelling Unit Allocation Ranking dated March 25, 2009, subject property ranked 22, 23, 24 and 25 2. Residential Dwelling Unit Allocation Ranking dated June 10, 2009, subject property ranked 40, 41, 42 and 43 K M 0 S gala a�e_ S$ YRIZI 51 32fE� Y _ _ __ _ __ _ _ _ ___Y 4em .. Muyy _YNsaYMVM.r y.,,V N.4N.. ..y MY.r arw o6,�v dOopd doeeHde SO�dd POia-1�O[�a��•L¢O�S�sO?dd O'�i�pp gy T d• n e$ aeueae� o C.o.am9.:rvd'ydneaC.nnnnso.S..so Aed9 nd.�_1ed-'.a �zoAge•-pew-d§ . �H<1 ..dada ..Of ebooiid_dd �®od�oeaneoe.oQa-osn crosd -7 an.aod oeogoL nd�.do �� 0 _n'Sa i• V dw_ ,. uu dgdgM 4v�t� u ,,,.mesoO d:.7 Po v... JB o Qn a •• . ...man eo y - o ti N ., . o d N P . �•e oI n u . •-----.._.._gran 7: �1 M �s-3oSriq3'g.3e:_3$rcea'n3?ia idki 453i'$$3 •x�� S., wiPr't4.S$'.eFi7'a:.J;®e�+C.`�rk�+i:rYM.. 7'wix� r !_r:, SG;6� #,Su �3.LZI '•o-Y .w am a� 9 �ci+7 zi.aw a .$ ?•b'3si3'1',:' .,.. $,,,.:?,oeseyy�`b` b�3 ��Y�� x .o->Ap}y«yyyar ysr.> ,. T s s-i•a>��ryy$.._*�norS�M�,T3� 7 P.yyC{tiCCCSi C=�iC S:iC4rZ z2 �?'.C;+Cd Cpi p{iaTp. Y. p�yGO Lgr��C a�Fr�. •�. i�}RCd�� i�@oa eip:lid { MU rL v� 3r..i9 31i =c}} �YS i�ef na 3 d 3cow VIE 3 � 3. a 9. " y «•`9M�=��a.. ��P .,a-w"-X«wao'.'s r}'o,Na p'd`�ioe:�$`P c'•. �$y�S $ s_3r�::�p��.:ws�_,.._w ��$�� r-�i �t!' �$� �3 3S� �'�' ��r¢,•�F�3$ rgab'o�tC.Y �. — •.,r Mw«•w ---— -- —— -- -- r— V Y N wwv NMw M.ti. w NwMYN•]w w., Y i ooa--Ova as 000 c::."e Q,;:,you•c�.�,tow��i�-ioSr7,�p��oon�-,".s:as,z�.,..,yrePaxms.an ; i. a9 OOnP �nOtln..4 OOnz wOr' O.a4P np..�,. p� y ,pm� n.. ,,1. nAP¢xy • ' v var ro,ena Lfnna .'. e.a .. .y ,]ou-... es t4 nn,a .: O'.e-a.. -�If ._ wlaP •! 4 O n., U.:nx, . a � =r. � a Oyu �v ,. -f4 A "..+. f.: L L r.: 4 1*' @ EVIDENCE AND RECORD WHICH FORMS THE BASIS FOR THE APPEAL This notice was never received by affected party. El m NO N County of Monroe Growth Management Division 2793 Spice �f4I� versm May a Mayor OONP RIM aMS Dint z V 4 FL 33030 Mayor Fro Tom Sylw 1. Murphy, , DbL S (305) 289--2w Kim W404po, Diaz 1 FAX: PM 2W2536 H-OW Diu 3 Mario Di Oepnwp, Diaz, 4 iYa srrJys m he ear*M Pmfau&xd Ocd fair C2RlVM MAIL 70062150 0001 0488 1131 April 27, 2009 John Akins c 107 First Terrace Key Largo, FL 33037 RE: ROGO Applications 0710a486; 07100479; 07100485; 07I00483 Dear Mr. Akins: The Planning & Environmental Resawces Dgs100483.arfintnt has found a scoring error. � ROGO 3111, applications 07I00486; 07I00�479; 07100485; 07100483. Te proposed development ineachofthese applications is located in �e'V' the -4 u�t ass' flood z0lm mom• each application has been given Po r$nraart for being located in the 'Y' zone special flood hazard area Ifyou have any quwdo lease contact me at 305 289-2513. Sincer'el Stanldevviaz Sr. Planning Terms. oc: TOwnsley Schwab, Planning & Environmental Resources Director 101 0 1 Lol 0 i RU fill lf" 1914 i H ES 7006 2150 0003 0488 11ay II FF 1 a ��-,ii TT J :aa-� 0 - -- - — ------ ---. --- , " o J ra N w 4 4 4 m II ill op w 6 m M, RE (Date) l hereby authorizeffk'& tI iLf w l f be listed as authorized agent (Name of Agent) for the ROGO application submittal for (Name of Owner(s) I Applicant) L•T yJ t 0 Isr 07/6Dyid' 07/0'X483 csear a tPtir 4s� Building Permit Application #07/00� D LOON$& for property described as Lot: � Bock Subdivision: I&J 12&S, RRn . Key: air Arm Kiel and Real Estatenumber:00310ago—ooeamnf,anLZ0IF004600! 001to y0—aJ0000/ 003/02,10-000000 This authorization becomes effective on the date this affidavit Is notarized and shall remain in effect until terminated by the undersigned. This authorization acts as a durable power of attorney only for the purposes stated. The undersigned understands the liabilities involved in the granting of this agency and accepts full responsibility (thus holding Monroe County harmless) for any and all of the actions of the agent named, related to the acquisition of permits for the aforementioned applicant. Note: Authorization Is needed from each own the subject property. Therefore, one or more authorization forms must be submitted wilt 'cat th are multiple owners. Owner(s) / Applicant Signature Printed Nacre of Owner(s) / Applicant NOTARY: STATE OF FLORiDA COUNTY OF MONROE The foregoing Instrument was acknowledged before ere this _ day of s r iQC1LGJ,— . 20_0 r V*rsonally know produced Identification Type of Identificatlon� did / Id n�08th- U No ry AM IS. 2010 R000 April Amhmin m Fans `4 Page 1 of I r� 1 px 9=7 R : Y -A- .1410 �'�= " SURVEYORS Es1l31fiEERS • 63266 OVERSEAS MCHWAY. ISAMORADk FL 33036 Phone (3O5) 664-0764 FAX (305) 664-0616 0dm OF YdAMsal t#falaT e"",a + 1'16 ms immi T / ' Aar/ �, q a r -% 4f 9'/T!'" 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J�B9RE>rTA71ON I.ECEY6� Fdlt FOIMO AM ROA AIE 6DIPAM0 fEC ILIUM AOI! ROIROARY S,IRWET ' W !T RIDIF *IK 1/ �1R. Hiis TV. TovRa ► 3 F.tl. FDtM nON PIPE , NE11t1Y CEIIi:Y iNAT THE SDRK7 YRET3 7N[ Ya/1Ma1 rM10A7[O ROG ItAMOE tQ1MCAt, 01N.ARq . EM FdllN iT 1M ILOROA FJID. fptRp MAR AFID a4'K KAM OF PRDf•El4LMAL 11WRT IQ APO NAPPM M F.CJL fptRp COA7IEIE F.CAL ;7 MAR MID atsla•. P.L.= • MT 7-4. AOd161RAAYE mm IGCOpI ♦7L 7. FLORIDA lfAtUlE3. PAY. PQDIAIQIf Rf7FJtOK[ YDRRIEpT TEED PAP.P-L PEIOFAFACIIT CONTROL FOMT P,C. POM7 OI p CCW. Comm PAR. FONT a EEit•RlFIDAIPK ASPHALT Aef se 1 wM tI/ i�iP. TIPCAL * EU?S POiVA1fON LATMIE7iC{ FT1A/R( P.L.L /,yn} DATE I9/R/06 _ NDT VAIA (*A= RAL� 0 f LA) . TNCE P- FRANK SURVEYORS • ENGINEERS -LAND PLANNERS . 63266 OVERSEAS HIGHWAY, ISLAMORAOA, FL 3MM Phone 664-0764 FAX 864-0816 oo 7� A oft" • LAIlOII tr rmAtavl tUA1lL CAr•I"TOl1 cow' 1 1 T> CUALut Awn . J MO111a Ca �.mm"S. AcL 1vE ALggpA '/�' rill. IYOAI OEiC�nO1L; INr I LOT 13 ad it fOIN11EAItY 2&W Cr LOT M LLLOOII 1, TO 111E RAT r�rralt 'Nu RECO Rf PLA AM- wccu�mi a >Ia+Rac Calwsr. rie� tM or n1c 1 4 &SW TO AN am 1M[ — uw ` Z4 UT1. A►al4MAM III OOGTO1rs w SCAM 1•-3p' 1 IO — rer pL to „sro,q 1 AWW"WX „+1' t77.Y . To SiIOBEWE) 11.r10 K FL 0-w Acwx ,.... 11l Aga Jr�At 236.4• (M. To Sr reE) --� f c�li 1 er "fir t. ALL elll E nXM HAYS MT MMM OEm11AIM0 PLL7<MAI AAOL1ETbL OR OOIMAMY ETIOFf, AS MOM i ALL K4ftAM AM OWANM AAE WCASIM ►& PLAT UM33S 0IM "a HUM i IIO tIlIOF71oIOLNp QIp1aGMl711X 1tTUMpAt016 OM t)IITIRO HAVE OEpi LOG{1LD DA qL M ftEll Of onat �. MEM MIi AAS MSO OI RMCM WLIe1Mq uMMM'M S-OF-WAY Aw/M pN04YSW OW HQML `) I RUN� iO [MMTFAO�4T mart . CA, �M� 70LL46 fM RM flits -10�2 I/IOKRTI1Y NnA�iARt iD d£ N I 1dES�le Y�F, AA@�JYSf OEL[ 1LdfS aF tw w&MOli. og$MM OdOYMOiMY MILL LW, ABBREMATIdd IELRpp HMO RpM am ax MOIC//A��={ SEC KCAOa moo TIP. TOMIIIM J"D VI.1 ON � lIOCAffa ♦IO IIAL AMO on AOLls RAMmdE /N IIIM Cg101EAL AM 'MO11AL1afT TOT Uw T YPNM�7fi 0211740L POW ITT cr b�IT W � C � PAYElIG1T alf-bF-11'AY 'WAL I3". GCYAAOM C011f>Ep TOIL OaMOMT SAM 1 MEMOT QXVY TINT IMPS 1011 W Am M DK 1NAi TEQIIICAL groom As ffiI M M by w RAWA wlMpuMR �CTIOI M � mow ' �A ITAVIEL • 70/ �� /Ay 1 LAIItQa P FRAM PA.S, pHO GATE: 1.16A* OUT "A UK= STALED NE 11 S 8326E OyERSEAs HIGHWAY. s3L rpyetieit� � -:� J Phone (305) 504-0764 FAX4 ri -- A uw� {3p5) 684-0816 184L Law AL/�AL1, 1yY C�YfA} " LL Mr/ I � � l p14Vi I ;_ L ARV NOOK CMWM n.ozmDk�o: a I I s {' L---ice g Awl 471 4 WM4R{�r,q� Awl TOO"' (c) ) 4 � 1 i Ewa New as Ni�! ,y6! MaA+AxmO NI�tpW Mp MD too a� wae�s oeex��u+r '-'I' As alloaet a°ea Tnara ,e„a umorr� �eair-ar""� +E°' roeum oa : wes v vATyr 4a1ta �s� Mu e"r o�v. Site � ">�K�� AC i•,,��4 ar"A�711� IW+n:o YO BAM B K AGATE AHOIn ID' a Fn�01�hOMT sw` _ A[ t eAst j;wr 'ea P were ieo s opTmAN@dLmw aana KCAL cavyANT n Ak PU&AM6fT I1 Tt��•' ' u'� y or I AIM AIOan"' of p ►m+llml PogT GYOWt7GD py 7-9 Rde6A Aaftll!rLWDwr p ts IV ►.o; v oft F?wAnAr APPIL 1CAL EL[v. O'Artom LACY &" P. TRAP K r- Hsn OA1C 10/rAM �. ACT VAUD LbLM y .,,a m Lel Tab becumem pnpV" Cr mad Rabuaas 3taladin D. Ores . sea. $eoo orersaas si0hmW, safee ao marathon, n 33090 Prrel ID IMwber. Warranty Deed fla" two" 84/ml2 8, 18t1m Filed aeoerdad In Offlolal Roowrdw of llDIIRQe cowm %llW I.• Km.Wm OW WC sTNV CL: JILL 33.M.ee 0400 11t0T844 Saul 2181 PoN 1457 Thbbdenhlre; MW*ft 30th d;yof March � 200S A.D.. Between Cindy Valiente, a married woman of the Coeq of $ardLn I sou or Tennessee , X=tOr, red Jobn M. Akisfs and glaada Akins, husband and wife and John K. Akins aad Candace Akins, husband and Wife. so Jaint Tenants with Right of Survivorship wbm Wdtew bo 107 First Terrace. Kay Largo. FL 33037 or die Caoay of Monroe 3t■u of Florida , grantees. Witumob tha dtr GR. ai►ead h a+midamNom atthc s� et ------------------------7W DOLLAilB 020)---------------------- ad a" good ad valebh c=W=dn is GRAMII In Wad pdd 4y O�TM dr m-dpt wbsmr b baeby mrod*ftj Abe yemod OepNoed mud NOW e do add GRANTM sad GRAITOW bda. wmseer ed wise IWwrr, do Wowba dn"AW Ln4 r%m*, hAq sod bdm lfl dwcao or ir*W" sar or trlorl.da to cdt: Leta 19, 20, 22, 22, 23, 24, 25, 26 and 27, Block 1, DOCPOAse am BtMDMBX=, according to the Flat thereof as recorded In plat Book 3. page 141 of the public Records of 3monroe County, plorida. The Vrqperty he"Ln convoy" DOW XW constitute the mmag,"D yxaparty of the grantor. 'i"ke drantcr*■ 80Pt3i9T%KD address is 27330 BighmW 69, Morris Cbapyel, TH 38362. cad dw tpeatar does b—by ddbr +Marcel the Cds to said k* and wa deknd o- Was wino kwwdd emme or as peeetma mfi mreew. 10 Witness Wl @Mf, the yutr hm ' , I M her bard and no dw dry ed yer fiat abarw wrbm Sips. lets and dithered in our presence: kU(A" q�" u "4r + «eat, prl nth 6 Ci iisate P.O. Adiesx:7370 Nomy 6p. Msnh ChcpmL TIf j3361 prir6#, lrema 6 ►ritn4sa STATE OF Tennessee COUNTY OF lsardiu The A Is iesmaaet w mohm* adrd berow ms do, 30th day sf AJaIeCh .2005 by Cilsdy Valiente, a married woman dw a pawaft kmoaw e a� or the be pradaeed ' ` -' driver' ■'license a oa printed 6 LI >fJ �oryty, XDtary public �k{is irC CAR ; '� hb cawmaYa►so esp<na. �j 3 - Q1 v o amcm nc0Rtl8 t1a ,�owrrbeatiAb■..r. Mn aolUm", M Staff submittals w Ee M �Page 1 of 1 Stenkiewicz Tiffany From: Bgprevatt®aoi.com Sent: Thursday, May 27, 2010 1:20 PM To: Stan kiewicz-Tiffany Cc: Greghoifoway07®aol.com, ABJDESIGN4UCaol.com Subject: BOCC June 16 Tiffany, Per our conversation this morning, l am requesting my appeal be continued to the July BOCC meeting. A review of my notes indicates i made a mistake, i read an email from Susan Grimsley dated May i6, 2010 to mean l would be heard before the Planning Commission on June 9 or June 23. Subsequently, l made plans to be out of town from June 10 through June 18. i now see that i misread and misunderstood that i would be going directly to the BOCC on June 16. Any assistance you can provide me in this matter is appreciated in advance. Let me know if there are other questions. Banks Banks Prevatt, Realtor, P.A. Coldwell Banker Schmitt R.E. Co. 29957 Overseas Hwy. Big Pine Key, FL 33043 Cell: 395-0238 Direct: (305) 872-5264 ` Fax: (305) 872-4220 6/R/2O 10 14, allAWMAMMM 2798 Overseas Highway Suite #4I0 Marathon, FL 33050 Voice: (305) 289-2500 FAX: (305) 289-2536 County of Monroe Growth Management Division Mayor George Neugemt, Disk 2 Mayor Pro Tern Sylvia J. Murphy, Disk 5 Kira Wigington, Disk I Heather Carnathm, Dist. 3 Mario Di Gennaro, Disk 4 We 9dw to be raring, Professiond and fair CERTIFIED MAIL 70062150 0001 0488 1131 April 27, 2009 John Alan 107 First Terrace Key Largo, FL 33037 RE: ROGO Applications 07I00486; 07100479; 07100485; 07100483 Dear Mr. Akins: The Planning & Envirarmnental Resources Department has found a scoring error on ROGO ` applications 07I00486; 07100479; 07I00485; 07I00483. The proposed development in each of these applications is located in the `V' flood zone. Therefore, each application has been given the -4 point assignment for being located in the `V' zone special flood hazard area. if you have any qucWq"ewe contact me at 305 289-2513. Sr. Planning Tech. @ cc: Townsley Schwab, Planning & Environmental Resources Director M G u WE 7DQ6 215C QOQ7k U 488 1131 fla'n I I I r— �►j� 1 G moo n Cl tlu {'11 N ru 0 a o Q on f o Q W filof I 000 LU 0 00 LAWRENCE P. FRANK SURVEYORS • ENGINEERS w LAND PLANNERS 63266 OVERSEAS HIGHWAY, ISLAMORAOA. FL 3W36 Phone (305) 664-0764 FAX (305) 664-0816 A DIVISM OF MEDAVIDdI KgmW CORPORAt101r R Y, CER11F1EV To: CANDACE ANONS ,q' f irlifi I II CIA E ASPMALT �J" Z W ►AVEYEMT �, ... aw I f f I � I ElRD I L__, yJ f /gyp 17 f Awl Awl f Marl ik'm R F'1: r ELSI ACRE EL L f I --j� as won 100.00- (C) vp COVA I aollL/ Aw / $ lw,# 14 MgAr/ m , JOB Me. IcOM SEC, 14, TW. 00 S., ROE. 20 E. MONROE COUNTY, FLORIDA N SCALE 1'.3& LEGAL DESCFA IIOW. LIM 21 and 2L BLOCK 1. OOCTOR'S ARM SRIBQMSIOI, ACCORDING TO THE RAT THEREOF. AS RECORDED 1k PLAT BOOK 3, PAGE 141 OF THE PUNiUO RECORDS OF YOiROE COUNTY, MMA. R \ lg ' R 4b�+� SURVEYOR'S NOTES+ OOgNm FOU ND MA%C ND NUMBER DESomnND PREVAM SURVEYOR OR COWANY EIICEPT AS SNDNN. 2 ALL BEARgNm AND DISTANCES ARE MEASURED PER RAT UNLESS OTHF MSE NOTED. 3. NO UMDERCRC m ENCROACHMOM FOUMDAMONS OR UT1LnTE7 HAVE BEEN LWATED OR SHORN UNLESS OTHUtV 6E NO= 4. NO NNSTRt1E1E]NT8 OF RECCRO AMECTING EAMENTL RICHTS-OF-WAY AND/OR OWERSHIP WERE FURMSHED TM SURVEYOR E%CEPT AS SFNOWIN HEREON. S. ElEVAADN DATUM N.OLVA. IM M.SL . M06 OWCHMARIC FLMSM SRD. EL.EY.�10.42 E. BASNS OF BEAIEIIO; LOT ANGLES . l0vow. MORTN aCNAD FROM PLAT. L 11NIS O TD NS'7tTFY THAT 1 HAVE CONSULTED THE FEDERAL NSURAH STRATKIN FLOOD HAZARD BOUNDARY MAP. COYMUNNTY Na12512/. PANEL No 1326 K EFFECTIVE DATE 9 OS, AND THE Hp D OESCFtmm PROPERTY APPEARS TO BE IN ZDNES AE # VE, YMTH A BASE ATKM OF 10' h 11' M.S.I.. ABBREVIATION LEGEND: F.LR FOUND IRON ROD, STD: NDCATED SM SECTION SJ.P. SET IROIL PM 1/`2' PIS.EEt /O F.I.P..P. FOUND IRON P TWP. TOM" SIC: INDICATED F NA. FOUND NAIL AND DISK RDE WOE D® S.N.D. SET NAIL AHD DE1L. PIS /1010 F.C.Y. FOUND CONNyRE'IE PLAT YDNUYpi1 P.R.Y. PERMANENT REFERENCE MONUMENT MEASURED a CALCULA11M P.C,P. PERMANENT CONTROL POINT r- CONCRETE P.L POINT OF INTiRSECIION COK COVERED P.C. POINT OF CURVE PA.EL POINT OF BEGINNING ASPH ASPHALT PVMT. PAVEMENT R/W RIGHT-OF-WAY E1.EV. ELEVATION TYP. TYPICAL CERTIFIED FOR BOUNDARY SURVEY 1 HEREBY CERTIFY THAT Mfg SURVEY MOM TECHNICAL STANDARDS AS SET FORTH 8Y Ill BOARD OF PROFESSIONAL SURVEYORS AND it [_ id For Pwc tog 12/4/06 PRANK F.LS. "MO DATE: wogtT 17" NOT VALID UNLESS SEALEO •r ..-.rX�: Larm WrrrERS LANE ASPHALT PAVBMW Pp T 2 LC I oo.w (P I 00.0a (c) BLOCK 1 2(7 P4W —'H ;' LOT22 BLOCK I cr LOT a BLOO T FAAMY LOT 24 BLOCK I oftw I I j1 LOT 23 w ----COUNTY ROAD 41HE "I OOM PLIJMM O nTMOONsrnuoitON 3OMPONEM GENERAL NOTES: OONCIIlTI OOM IVB6tFI8N HFb-4=PV MMIMIIM At CIM SLLJIMP" JqODEIFMIFOR0MOMMMA 16GRAMOO FOOV=AAANBT IN4M r FOOV= INFORM! .. r EIPAMSacOLIAYIF r BAL}INfL MOLIFIMCE Ile ELT17 18IAF= 110 QAUMATNBTBAIMI a 6PLJm il0m DIAMETER 4 =VWE MA601 W 1RITB ABTM G9HU. Rn. m m � ALLL111ylPd, BMOKFEi, ooNNLxzTORI� ElTO.10 eE iLJPFLfF� 9Y 1fOUIFpA8ft7Ml METAIA L7f) MAIL, PHOFIgN0.+�D/4tl70 GALL.KVRIWEDANW=TO WHN4* LIALYJU®PM A= A= OR QfML= 9M 4)ALL.UlI=Fb•l=F6 WL E•`L* MIL FL9 Wa mwOOINEA BARE 6I LLAP 16'MNL Rcw _ +10 POINTS - PLAITED SU90MSION +1 POINTS - GROUP F HABITAT +2 POINTS - WIND LOAD RATING 175 MPH PER ASCE 7-02 +1 POINTS ULTRA LAZY VOLU#1E PLUMBING FIXTURES 1.6 GAL / -FLUSH TOILETS. 2.0 GPM FAUCETS. 2.6 GPM SHOW! HEADS +1 POINTS -SEER RATING >12 +1 POINTS - SECONDARY WATER SOURCE 2,600 GALLON CISTERN +1 POINTS - HEAT RECOVERY AC - ALTERNATA4 ELECTRICITY +1 POINTS - EXCEED FLOOD ELEVATION BY 13 INCHES -2 POINTS - AE ZONE TOTAL I 16 POINTS iLm: TANK AND LID 3500 PSI CONCRETE TANK RENFORCED WITH 3/6' STEEL 12' O.C. EIDTH WATS REW" LID RE]NFORCED WITH 1/2' STEEL BOTHWAYS TANK WALLS * 0 BOTTOM i' MIN PRE-IMMIFACTUREO TANK 9Y FLORIDA R= AND SAND (OR EQOAL) TANK CAPACITY TO 9i MIN 2= GALLONS PREFAB STANDARR UO E' PAC RAllWATE71 PIPE FRRGM HOOP zm mer GUTTER, rwEw ! .rrwd r.m umm fti11�iC(i w . w.. KEYLMG $1RU ns& BUILDING WrCNERAM: NRLAND uoutAviLiullii GRAVEL D OPEN LANDSO PROJECT. MNS RESIE OE PROJECT NUMBER: AMNS C NET LOT AREA a A IMPERVIO US Al REAp��/�— 2A CALCULATION: ION: 244 �2 a 231 SVAILE • 1W AIFA (F 1 4108F too 2 108F Ba b YOTOPLaKiR TO' 10PY IR/ lDTi/id1T F :rhYiAIOA YWN011LL 4r 60TY SWALE #1 RT1 � TOP1M BT�070PlH�IT taOIORI�A if VIq F r MOTWID SWALE #2 S N.TB. LAWRENCE P. FRANK x � NA 0 CERflfIEC T0: CANDACE AKINS SURVEYORS * ENGINEERS • LAND PLANNERS 83266 OVERSEAS HIGHWAY, ISLAMORAOA, FL 33036 Phone (305) 664-0764 FAX (305) 664-0816 A Dram OF MEW"m Wig= OCPPORATm C a " e .I JOB SFM 1144% TV. oe 3, ROE 29 E. MONROE COUNTY. FLORIDA 130.00' (c) Tool c I W 1 — K _ QN) WITNESS LINE %.�T' �. p� 2 1 � P 10 390 sG. FT. / a376 ACHE Ir0+c Tur tw- GL m Bloneiq UP. I1 FI leuaa (P) 1 �1 00� I CLIFAwl , s 10,00 (P 20' R/W(P) 1mr. (M. TO WITNESS) 136.90' (M. TO 596RELINE) r / � T s 1 m far/ N ob 4 sv V �. �. LEGAL DESCRIPTION: $ LOT 27 AND THE NORTHE%T 51.70' LOT 26, BLOCK 1, DOCTORS ARM SUBDMSION. ACOOR01TO THE PLAT THEREM UQ�: / RECORDED Ik PLAT BOOK 3 141 OF THE PT16LIc RECORDS OF Mm4w COUNTY, FLORIDA. SCALE:- 1'-3 Y �. ..— .�. _ T — YDWn TER WITH AN WORESS/EORESS EASEMENT OVER THE WESTERLT I OF LOTS 23 AND 24, BLOCIt 1110CTOR S ARM S<IBOIYISION. ACCDRDINO TO THE PLAT THEREOF. AS RECORDED IN PLAT am 3. FADE 141 OF THE PUBLIC RECORDS OF MONROE COUNTY. FLORIDA. SURVEYORS NOTES: w a R/W 1.) ALL CORNERS FOUND HAVE NO NiERER DESIGNATING PREVIOUS SURVEYOR OR COMPANY EXCEPT AS SHOWN. 2. ALL BEARINGS AND DISTANCE$ ARE MEASURED PER PLAT UNLESS OliEl"M NOTED. 3 NO UNOEROROUND ENCROApONEg1S FOlR10M10NS OR UT[TRES HAVE BEENLOCATED OR 9NOWN UNLESS DTHERBISE NOTED. 4. NO INSTRUMENTS OF RECORD RULEOTINO EASEMENTS. RKHTS^OF-WAT AND/OR OWNERSHIP WERE F1URNlwD THIS SURVEYOR D(CEPT AS SHOWN HEREON. 5 ELEVATION DATUM NALVA. 1929. M.S.I. - CIA BRIOQ RIL' FL4100 SR0. ELEVr1a42 BASIS OF eEAlleiEA LOT MGM Y09C00' NORTH SCALED FROM PLAT• e. THIS IS TO CERTIFY THAT I HAVE CONSULTIO THE FEDERAL INSURANCE ADI6IOSTRA7M FLOW HAZARD BOUNDARY MAP. COMMUNITY Na126129 PANEL Na1326 K, EFFECTIVE DATE 2118/DS. AND THE HEREON DESCREW PROPERTY APPEARS TO BE IN ZONE VE. WTTH A BASE ELEVAl711DDNf 11' IN.S.L ABBREVIATION LECENO: FJ.R FOUND RON ROD, SIX INDICATED SIP. SET RONN P1C16 9 SEC. SECTION TwP. TOWNSHIP ROE FLP. FOUNDRANZ .N.D. FOUND NAL AND OW S N O. SEi N4AL AND DISK, P.LS 19 F.C.M. FOU11D CONCRETE MONU In D® PLAT MEMRED PJtM, PERMANENT REFERENCE MONUMENT PERMANENT CONTROLPOINTCONCRETE CALCULATP.C.P. PL PONT OF INTERSECTION COY. COVERED P.C. POINT OF CURVE ASPH. ASPHALT PAR. POINT OF BEOINNiNO PVMT. PAVEMENT R/Yf RIGHT-OF-WAT ELEV. ELEVATION TYP TYPICAL SERTFIED FOR BOUNDARY SURVEY I HEREBY CTOTTIFY THAT THIS SURVEY MEETS TNE'MINUM TEdiNCAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AM MAPPERS IN CHAPTER e, ADIMMISHRATIVE COOT.. PURSU SECTION 4 7, A STATUTES for ls� only_IV4108 _ LAWRENLE P. FRANK P.L.S. /4619 DATE: 1D/6/06 NOT VALD UNLESS SEALED I y j Y owMiorria" jl� E ' _ � } •� ';1. .9 I wow" I I f QiWi AODB I I — — — — — — — — — — — ks:km WK 9 Not I I I I I Lu I I I I I I I I 9 m cV I I s4 a I J I i RE Ee 0 ASCE M W D VELOCI7Y - 175 MPH EXPOSURE GATEGM - C IMPORTANCE FACTOR - 1.0E Kzt - 1.00 INTERNAL PRESSURE COE RCIE:NT - .18 _ . NOTF,B:_ OOI 01M OOMPFEIIIIIII&SVIDaTH 116.4I0I P11 NOW"AT m MM IIUaY1P" %movmFllroo 6TTLASTMA4IN OPADEI10 AOOTW2S AQWWBA" r FooTlge w FOOD r OBAMI NlOplLAI1FIB r aw 191719 OR� AON OA4TAI7AIFpiBARRi >r BPLIGSk I10 OAHDPAIRM91 % =MA6o wUNlMA9lMCAOW. 4ILLOTlN1 ORAOIaIO, OOFMlCIOIII, EC.Tow 6UP o= MBTA.80Ra3A04L, IHONENDPoa OWD GOMkN1pFAOOlog T-0 6m .1q ALL. LLRb-1MF& WL,E-13ML F6 TTS BBAIi OOiIW M wmLLAP w wL to ROGo. +10 POINTS - PLATTED SUBONISION +1 POINTS -GROUP 1 HABITAT +2 POINTS -WIND LOAD RATING 175 MPH PER ASCE 7-02 +1 POITTS ULTRA LOBS VOLUME PLUMBING FD(TLM 1.8 GAL // - E/ DS TOILETS, 2.0 GPM FAUCETS, 2.5 GPM SHOriER +1 POINTS -SEER RATING >12 +1 POINTS - SMONOAAY WATER SOURCE 2.500 CAL.LON CBTERN +1 POINTS - HEAT RECOVERY AC - ALTERNATIVE ELECTRICITY +1 POINTS - EXCEED FLOOD ELEVATION BY 13 INCHES -6 POINT'S - VE ZONE TOTAL r 12 POINTS N TANK AND L10 3500 PS CONCRETE TANK REINFORCED MF,H 7/8- STEEL 12- O.C. BOMN WAYS ROG" LID RONFORMO "M 1/2- STEEL BOTNWAYS TANK WALLS AND BOTTOM 4' MN PRE -MANUFACTURED TANK By FLORIDA ROCK AND SAND Op (£OUAIj TANK 0* M 10 BE MN 2.500 CALLON$ ^P�AB STANOW LID / II A- PUP RAw"TCO _LEGAL DESCRIPTION LOT E7 AND THE NOMERLY OIX DOCTORS ARM SUBDIVISION. ACO PLAT THEREOF; AS RECORDED IN I PAGE 141 OF THE PUBLIC ReOORL: COUNTY. FLORIDA KEY LARGO. SiRl1CTURES:911111 AR tpT wueRAGE NET LAND AR 199M9 S COVERAGE RMCENMf GRAVEL. DRIV AnWRAINRE TOTAL l>I67l1 MARFA OPM LANDSCAPE PROJECT: AWNS R98CENCE PROJECT NUMBER: AIMC•1 NET VEARE A a 14,817 IMPERVIOUS AREA 3.163 CALCULATION: 3.1MM2 lw 282 CF 11' C •,a ras } 7pPARFA B Al i 460 OF INIF TOTALPROVIDED 4IFrsL81RIF It 1rom >PrNRoviT ii„w NASA J VN MO RLL I H' BLTFvnm SWALE of Ss N.T.O. so LAWRENCE P. FRANK SURVEYORS im ENGINEERS • LAND PLANNERS 83266 OVERSEAS HIGHWAY, ISLAMORADA, FL 33036 Phone (305) 664-0764 FAX (305) 664-OB16 A DIMSKN OF U M%UM PJSN ! CORPORATION CERTFtED To- CANDACE AK1JS O C ALL OF LOT 2 AND THE NORTHERLY 2400' LOT 24 AND THE SOUTHERLY 17.00' OF LOT A BLOCK 1 DOCTOR% M AM SUBDMVISION, ACCORDING TO THE PLAT THEREOF; RECORDS OF MONROE COUNTY, FLORIDA. AS REGORGED N PLAT BOOK 3, PAGE 141 OF NUBLIC SUBJECT TO AN ING IESS/EDRESS EASEMENT OVER THE YVESIERLY 12W OF LOTS 23 a 24, BLOCK i. AFORESAID OOCTOR'S ARM SUBDIVISION. !a►i? \ 1 !,/ �. of .rc°01ik°t ' #T T.rfJES' i'� ►'!a'X 10.00P) 156.dO' (U. TD SHORELINE) 13621' (M. TO WM*3* 0 r A E9 v 0r � .. uzr ON. Ta orarlrW 1 g 14 7411 M FT. / 0.338 ACRE ' x 10.00' ( s I " , Iwo ,Aq'�BTXA►'OrlaX x N y0_ i4L61' (MTD w. JOB No. k06306 SEC. 14 TIIP. 66 S., ROE. 26 E MONROE Cowm. FLORIDA SCALE: 1'-%V Bode Chair trel 1 I ANTI \ R lLYr1 , v Azr/ V)7 NS'OMMY AV" rr/w SURVEYOR'S _NOTES: Q ALL CORNERS FOUND HAVE NO NUMBER DECONAUM PREM M SAIVEYOR OR COMPANY EXCEPT AS SHOW 2 ALL BEAT0NG5 ANO DISTANCES ARE MEASURED PER PLAT IR!R= OPURNSE NOTED. 3 ND UNDEROROIII� ETNCROAcHMEiNTS, FOUNOAIICNS OR UTILITIES HAVE BEEN LOCATED OR SHOWN UNLESS OTHEWARE NOTED. 4 NO ANSTRLANENTS OF RECORD REFLECTND EASEMENTS, RWHTS-OF'-WAY AND/OR 004atpOp WERE FURNsim THIS SU RVEYOR EXCEPT AS SHOVM }WON, L szVAIM CATUM NALVA 11MA9. N.EL V aA MaNAARKs FL410 0 SRO, ME -10.42 BASIS OF GEAR N0: LDT ANGLES . 60'OC'OOr, NCRN 912slM FROM PLAL L THIS M TO CFR9FY THAT I HAVE CONSULTED THE FEDERAL INSURANCE ISTRATM FLDOO HAZARD BOUNDARY NAP. COMMUNE No 126128, PANEL No.132B K, EFFECTIVE DATE B AND THE HEREON DESCRIBED PROPERTY APPEARS TD BE IN ZONES AE & VE. NITH A e ELEVATIONS OF 10' � 11' M.S.I_ ASEREMATION LEGEND: F.LR FOUND IRDN AM SRE INDICATED SEC. SECTION S.I.P. SET IRON PIPE; 1 " PJ_S 9 FJ.P. FCUIIO JROM PIPE INDI TED TARP. TOMNStpP RGL TULNOE F.N.D. FOUND NAIL AND 01SK D® S.N.D. SET NA% AND 0tSI P.LS. I2 PLAT F.CAL FOUND CMWCRETE MON MEASURED P.R M. PEiIiMANENT REFERENCE MONUMENT CALCULATED P.C.P. PERMANENT CONTROL PCRVT COIN3>ETE P.I. POINT OF INTERSECTION COV. COVERED P.C. POINT OF CURVE ASPH. ASPHALT P.O.S. POINT OF SEMNNIM0 PVMT. PAVEMENT R/W RMT-or-WAY ELEV. ELEVATION 7TP. TYPICAL CERTIFIED FOR BOUNDARY SURVEY I HEREBY CERTIFY THAT THIS SURVEY MEETS THE MINNRIY TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA EOM *OF PROFMOM& SURWYORS AND MAPPERS IN CHAPTER 1-6 AMNNISTAATIVE CODE, A STATUTES far t Z-ly4 LAWRENCE P. FRANK P.L.S. "D DATE 10/6/06 NOT VALID UNLESS SEALED m AWE T-M WIND VELOCITY - 175 MPH EXPOSURE CATEGORY - C IMPORTANCE FACTOR - 1.00 Kxt - 1.00 INTERNAL PRESSURE COERCIENT - .18 GENERAL NOTES: CONCRM OOAOPR� $Ta9 TH$%-0000 PSI MIND MATSDA1aaiw" %REaalo� RDurnBoum eTmaAmAma.oRcEao FOOMMAIhOWEARTH 7 POOT1 MN FOR10 ..—X Ills"4001 UISN r LAMA TEARTH V SPLICES: SS WA 01Alam SI CONC M MASOW UKM ASTM O6Mr FWo-1500 PSI 4 ALLBTRAFS� t r OOmvx ft E7C. waE 815'FKl®BY 8OUnllA1ltElNA0"0REa.1AI. P110NE Na pooN41-im M ALL FAERICATM ANOFpig70 W HOT-W J9ALWAMPORAB1MAa20OROTAI LEB WIM MALLLUAABBR Fki-I=PST MK g+12ML FST T}TSI SLAM C0R1m SARS SFNLLLAP lrwL ROGO - - - +10 POINTS - PLATTED SUBDIVISION +1 POINTS - GROUP 1 HABITAT +2 POINTS - WINO LOAD RATING 175 MPH PER ASCE 7-02 +1 POINTS ULTRA LOW VOLUME PLUMBING FIXTURES 1.8 GAL- AL-FLUSH FLUSHTOILETS, 2.0 GPM FAUCETS. 2.5 GPM SHOWEF HEMS +1 POINTS -SEER RATING )12 +1 POINTS -SECONDARY WATER SOURCE 2.500 GALLON CISTERN +1 POINTS - HEAT RECOVERY AC - ALTERNATIVE ELECTRICITY +1 POINTS - EXCEFO FLOOD ELEVATION BY 13 INCHES -6 POINTS - VE ZONE TOTAL : 12 POINTS JIM tit NOTES, TANK AND UD 3300 P& CONCRETE LEGAL. DESCRIPTION ALL OF LOT 25 AND THE NOMHERLY'e AND THE SOUTHERLY 17-W OF LOT 2E DOCTORS ARM SUBDN1 "1 ACCOM PLAT THOM , AS RECORDED IN PLA PAGE 141 OF THE PUBUC: RECORDS O COUNTY, FLOMDA OWNER: AKWS RE60M LAIT823 & 24 6 2 KEY LARGO, FLC BTRUMURES: U LONS AREA LOT fONERAQE- NETIAND AREA Immmom comutAm RSBDBKFA= GPAVEL DRNEWI A7W MAWRELD Tt7TAL DISTURBED AREA OPEN LANDSCAPE ARI PROJECT. AIGNS RBMCE PROJECT NUMBS AIQNS C•1 NET LOT AREA s 14,781 IMPERMOUS AREA . 2076 LA7ION: ZOM2 A 247CFRE DRWNAQE PROMEIM. BWALFt TWAREA(TtAj wnMMEAI 1 607 OF 2 10081' 81sp 70TAL PROVIDED as WP U3IGHT 10' TOrvAm S ooTumaw aorrlN 1F— IWALIANK WNNDF L RI504WADTH SWALE #1 SECTIC N.TAL 5 CFRTF7E0 TO: CANDACE AWNS 7 g LAWRENCE P. FRANK SURWYORS - ENGINEERS ■ LAND PLANNERS 83266 OVERSEAS HIGHWAY. ISLAMORADA. FL 33036 Phone (305) 664-0764 FAX (305) 664-0816 A CNIASIM Or MLOAV4= BLIM S COIIPORATON JOB Na N OGM SEC. 14. 1W. 66 3, ROE. 29 E. MONROE COUNTY. FLORIDA LEGAL DESCRIPTION: LOT 23 and THE SOIIINERLY 21T.00' OF LOT 24. 111M 1. DOCTOR'S ARM SUBDIVISION. ACOOILDINO TO THE PLAT f TI AS RECORDED IN PLAT BOOK 3. PACE 141 OF THE t PUBIIC RECORDS OF MOIKtOE COUNTY. FLORIDA. SUBJECT TO AN INGRESS/ SS EASEMENT OVER THE VIESTFRLY IZOD' OF LOTS 23. 24. 11LM 1. AFORESAID OOCTOR'S ARM SUBDLNSION, SCALE: 1--30? /ffff `wAw/ 1 �; $ f 1O.EX1' {PN Jrx f t e pL m mmnm �177.2' (M. TO SHORiL3NE) \ ... �.rar�'/Nslrx \�1 6 — Tar PL To mZ&m 14.DE0 SO. FL / OM7 ACRES 1 X41 Awl0i 4 Awl `\N� 1IUL00' (P a M. TO UTNEW x� 236.4' (M. TO SHORELINE) CVMV.wY MW T SURVEYOR'S NOTES o c a � Q n10Rn� RIl. r4° 1.) ALL Cm I ntR FOUND NAVE NO NUMBER DESIGNATING PREMOUS SURVEYOR OR COMPANY EXCEPT AS SH01M. 2-) ALL BEARINGS AND DISTANCES ARE MEAMM PER PUT UNLESS OT ERMSE MOM 3 NO UNDLTYOROIIND ENCROAC1 MEN7S. FOLWATIONS OR UTLMES NAVE BEEN LOCATED OR Stow UNLESS OTHERWISE MOM. 4. NO IImSTR1RmaISS OF RECORD REFLECTNO EASWENTS. ROIHTS-OF-WAY ARO/OR OMYERW W W EURRMHED TIMW3 SURVEYOR EXCEPT AS SHOW NE7EON. IL ELEVATION DATUM NAV.O, IN% M.LL - OA WNC MAft FL412M WM, E1EN.+1O.43 6. WAS OF BEAF mO< LOT ANGLES - WWOO'. NOR1H SCALED FROM PLAT. a THIS IS TO CERTIFY TNAT I HAVE CONSULTED THE FEIMAL WSURANCE AMNISTRATTON FLOOD NAZARO BOUNDARY MAP. COMMUNITY Na123129, PANEL Na1328 K. EFFECTIVE DATE 2_Aa AND THE HEREON DESCRIBED PROPERTY APPEARS TO BE IN ZONES AE & VL 1MTH A BASE ELEVATIONS AF 10' A 11' M.S.L ABBREVIATION LEGEND: FJA FOUND IRON ROD, SIZE INDICATED SEC. SECTION S.I.P. SET IRONY PIPE, I1r P.LS. j4619 T1P. TOWMSF� F.I.P. FOUND IROM SIZE INIMMIMI ROE. RANGE F.N.D. FOUND NAIL AND DISK DEED SN.D. SET NAIL AND UK P.L S 10 I PUT F.C,M. FOUND CONCRETE MgdJME MEASURED P.R.I. PERMANENT REFERENCE MOINUMENT C CALCULATED P.C.P.R P. PERMANENT CONTROL POINT C. CONCRETE P I. POINT OF INTERSECTION COV. COVERED P.C. POINT OF OURVE ASPIC ASPHALT R.O.B. POINT OF BTECINNING PVMT- PAVEMENT R/W RIGHT-OF-WAY REV. ELEVATION TYP TYPICAL CERTIFIED FOR BOUNDARY SURVEY I HERRMY CERTIFY THAT THIS SURVEY MEETS THE MINIMUM TMI ICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER E1 -6. FLORIDA ADMINISTRATIVE CODE. PURSUANT SEC MRR' 4 027. FLORIDA STATUTES Part ,:es oMr 12/4,108 LAVE YCE P. FRANK PLS. #019 DATE: 1DIEM NOT VALID UNLESS SEALED Em *qql� GY% I 10-1 Y�SnS�t m M l U 4 4 a r r r r r ;r ,r it k a w M RE60LUnQN #P23-09 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION APPROVING THE RESIDENTIAL DWELLING UNIT ALLOCATION QUARTER BEGINNING JANUARY 14, 2009, AND ENDING APRIL 13, 2009, PURSUANT TO SECTION 139-26 OF THE MONROE COUNTY CODE WRTIWAS, the Sr. Director of Planning & Environmental Resources submitted to the Planning Commission a Residential Dwelling Unit Allocation Evaluation Report, dated June 3, 2009, pursuant to the procedures outlined in Monroe County Code, Amended, Section 138-26; and WHEREAS, the Monroe County Planning Commission during a regular public meeting held on June 10, 2009, conducted a public hearing to review, discuss, and make 5r formal motions regarding the Dwelling Unit Allocation Ranking Report; and WHEREAS, the Planning Commission was presented with the following evidence: I. The memorandum entitled Residential Dwelling Unit Evaluation Report, Quarter 3 of Year 17, from Townley Schwab, Sr. Director of Planning & Environmental Resources, to the Monroe County Planning Commission, dated June 3, 2009, and which report's findings of fact and conclusions of law this Commission adopts by reference, as its own; and 2. The sworn testimony by the Monroe County Growth Management Division staff, and comments of John Wolfe, Esquire, and WHEREAS, the Planning Commission makes the following Findings of Fact; 1. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planting & Environmental Resources to grant Allocation Raddngs in the Lower (Lower/Middle) Keys subarea for Market Rate Dwelling Units to applicants ranked one (1) through twenty-five (25); and �D Resolution P23-09 Page 1 of 3 m 2. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant Allocation Rankings in the Big Pine/No Name Key subarea for Market Rate Dwelling Units to applicants ranked one (1) through two (2); and 3. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission, hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant Allocation Rankings in the Upper Keys subarea for Market Rate Dwelling Units to applicants ranked one (1) through fifteen (15); and 4. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant Allocation Rankings in the Upper Keys (Administrative Relief) subarea for Market Rate Dwelling Units to applicants ranked one (1) through fifteen (15); and 5. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant zero (0) Allocation Rankings for the Lower and Upper Keys subarea in the very low, low, & median income category for Affordable Housing Dwelling Units; and " - 6. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant zero (0) Allocation Rankings for the Lower and Upper Keys subarea in the moderate income category for Affordable Housing Dwelling Units; and 7. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant zero (0) Allocation Rankings for the Big Pine/No Name Keys subarea in the very low, low, & median income category for Affordable Housing Dwelling Units; and 8. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant zero (0) Allocation Rankings for the Big Pine/No Name Keys subarea in the moderate income category for Affordable Housing Dwelling Units; and mf'`s Resolution P23-09 Page 2 of 3 C "" NOW THEREFORE BE IT RESOLVED BY PLANNING COMMISSION OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of Law, support the decision to APPROVE the Residential Dwelling Unit Allocation Rankings for Quarter 3 Year 17 and as submitted by the Sr. Director of Planning & Environmental Resources. PASSED AND ADOPTED by the Planning Commnission of Monroe County, Florida, at a regular meeting held on the 1 Oth day of June 2009. Lower (L.wdMaq Keys subarea Commissioner Wall y.- Commissioner Werling ye,,,. Commissioner Hale 30 Commissioner Cameron ySI Commissioner Lustberg 30 Commissioner wall Commissioner Werling Commissioner Hale Commission Cameron Commissioner Lustberg Market Rate Big Pine(No Name Keys Upper Keys Upper (Ad- Reuery Keys subarea subarea subema Affordable Housing Lower (Lwdmdq & Upper Keys Big Pine/No Name Keys subarea 3M 30 3M X0 30 3M 30 M Signed this loth day of June 2009 Resolution P23-09 Page 3 of 3 By Chairman v W11:a • i►rr�ir�r�r� ---- M !1 p 4 sa a sga 19 sr�aa aasaaaa�gYg ill srrssrsssr��aa��€e��a�sssssrssssrsasrsrsrrss �MUM fill off tif-flim F 19H r1 F•y F L • N . �ya�rrQgQr_ga � � 3 pR�pq�Qg��pgs�r S A slll S L 3 3 l R Qgaan� T. S S Qg E 1111111 1. �## 911 H I Y:.. �r r 10 M N N N N N N r r r r r r r r r r r r r eas$SS$Seaooeee000e000eoogeSooeBooS$SSeeeoEeg oeee000eoo�e5o3$$eo$$ee��eeooeeeooeeooeeooeee .0"00 oee000eeo 000000000000000000000000000000 ...eeooee000000oee000eeeooee000eeoopeeooeeooee i �eeooeeeoeeeooeeeoaaeeeoeeeooeeooeeeooeeeoeeeoo eeeooeeeoeee000eeooeeeooeeeoeeeaeeeeooeeeoeeeo 'ooeeeooee000eeoeeeooeeeeooee000eeooeeeooeeooee 'e000eeeooeeooeeeoaaee000eeoeeeeoaeeooeeeooeeoo '-}ooLLLLLeeooeeooaee000eeeooeeeooeeo}eoeooeeooe Y Y Y r r r r �eeooeeoo�yeg$S:$SixaseCi$ee000eeeooee000eeooeey rrrrr rrrrrrrrrrr �, NYYtlVrraeeeooeeoES$eoSoerrrr�+MNNt+N"'�tie'e'e'S�"�'Nu$... it 411 w 0 3 m N 0 N RESOLMON #P4_2-49 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION APPROVING THE RESIDENTIAL DWELLING UNIT ALLOCATION QUARTER BEGINNING APRIL 14, 2009, AND ENDING JULY 13, 2009, PURSUANT TO SECTION 138-26 OF THE MONROE COUNTY CODE RHXREAS, the Sr. Director of Punning & Environmental Resources submitted to the Planning Commission a Residential Dwelling Unit Allocation Evaluation Report, dated August 26, 2009, pursuant to the procedures outlined in Monroe County Code, Amended, Section 138-26; and AREAS, the Monroe County Planning Commission during a regular public meeting held on September 2, 2009, conducted a public hearing to review, discuss, and ��a�sSt make formal motions regarding the Dwelling Unit Allocation Ran]ung Report; and s, N] WHERF.A►S, the Planning Commission was presented with the following evidence. I. The memorandum entitled Residential Dwelling Unit Evaluation Report, Quarter 4 of Year 17, from Townley Schwab, Sr. Director of PIanning & Environmental Resources, to the Monroe County Planning Commission, dated August 26, 2009, and which report's findings of fact and conclusions of law this Commission adopts by reference, as its own; and 2. The sworn testimony by the Monroe County Growth Management Division staff; and comments of John Wolfe, Esquire; and WHEREAS, the Planning Commission makes the following Findings of Fad: •1. Based upon the written testimony of Townley Schwab, Sr. Director of PIanning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant Allocation Rankings in the Lower (Lower/Middle) Keys subarea for Market Rate Dwelling Units to applicants ranked one (1) through thirty-six (36); and Resolution P42-09 Page 1 of 3 y j,. 2. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to giant Allocation Rankings in the Big Pinc/No Name Key subarea for Market Rate Dwelling Units to applicants ranked one (1) through two (2); and N 3. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission, hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant Allocation Rankings in the Upper Keys subarea for Market Rate Dwelling Units to applicants ranked one (1) through twenty (20); and 4. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to pant Allocation Rankings in the Upper Keys (Administrative Reliefs subarea for Market Rate Dwelling Units to applicants ranked one (1) through ten (10); and S. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant zero (0) Allocation Rankings for the Lower and Upper Keys subarea in the very low, low, & median income category for Affordable Housing Dwelling Units; and 6. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant zero (0) Allocation Rankings for the Lower and Upper Keys subarea in the moderate income category for Affordable Housing Dwelling Units; and 7. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to gent zero (0) Allocation Rankings for the Big Pine/No Name Keys subarea in the very low, low, & median income category for Affordable Housing Dwelling Units; and S. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant zero (0) Allocation Rankings for the Big PhWNo Name Keys subarea in the moderate income category for Affordable Housing Dwelling Units; and Resolution P42-09 Page 2 of 3 NOW THEREFORE BE IT RESOLVED BY PLANNING COMMISSION OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of Law, support the decision to APPROVE the Residential Dwelling Unit Allocation Rankings for Quarter 4 Year 17 and as submitted by the Sr. Director of Planning & Environmental Resources. PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a regular meeting held on the 2nd day of September 2009. Market Rate Lower (Lwmm) Keys Big Pine/No Name Keys Upper Keys Upper (Ada R014 Keys Chairman Wall am subarea. sub ar o-ar� Commissioner Werling YA YA YM YM es Yes Commissioner Hale Ya Yes Yi✓s YS Commissioner Cameron Y_q Yes- Y� Commissioner Lusthe � Ye Y Yi+s +es ,es Y� Affordable Housing Lower (r wzlmm) & Upper Keys Big Pine/No Name Keys ,s Chairman Wall sub sub ares Commissioner Werling Y Mes Commissioner Hale Yes , Cameron MS YM Commissioner Lustberg MS Y� S � YM !f Planning C ssion of Mo e Co Flori By / Randy W C 'rman Signed this 2nd day of September 2009 Resolution P42-09 Page 3 of 3 N Ee Y�i+Oppi.lp �ilSfS+f�QiOVaq:��i�pOa�efbl�N+enwVonaYN+ anon •Mae 41 s tr3sssstr�s+"1 ss+ s 8s sstr3 $ sss � a ee.Y�pNaa23ru�emBitL'INepp+ + N N N N N N N N+++++++++++++ N N N N N N N N N N N N N N N N N N N N Y �ee0000eetr000eeee000ee000eee000eee000eeeoo�i 000 ... 00 o o O G p 0 0 0 0 G O p O G 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000000000000000000000000000000000000000000 000000000000000000000000000000000000000000 100000000000000 0 0 0 tr O 0 0 0 0 0 0 0 0 0 0 0 0 0 Y 0 0 0 0 0 0 0 0 0 1000000000000000000000000000000000000000000 1000000000000000000000000000000000000000000 000000000000000000000000000000000000000000 000000000000000000000000000000000000000000 *,$,XXXOOeooeeee000eee000eeeeooeeOX000000000 N N ... 0 0 0 a a a a a a a a a a a a a+++ N N N N N N N N Y Y Y Y Y Y Y a a e o oeaew.+�NNNN 1�iNN �.N 4f�Y444+�Ai It z O 198 m 0 (2) C E 0 lot 11 1! 1! 141 Is; Q 4s eaY I E-1. - 4-01K "--1 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION APPROVING AND HOLDING SOME ALLOCATIONS IN ABEYANCE FOR THE RESIDENTIAL DWELLING UNIT ALLOCATION QUARTER BEGINNING JULY 14, 2009, AND ENDING OCTOBER 12, 2009, ALL OTHER APPLICANTS ROLLOVER TO THE NEXT REGULAR QUARTERLY EVALUATION PURSUANT TO SECTION 138-26 OF THE MONROE COUNTY CODE WHEREAS, the Sr. Director of Planning & Environmental Resources submitted to the Planning Commission a Residential Dwelling Unit Allocation Evaluation Report, dated December 8, 2009, pursuant to the procedures outlined in Monroe County Code, Amended, Section 138-26, and WHEREAS, the Monroe County Planning Commission during a regular public meeting held on December 15, 2009, conducted a public hearing to review, discuss, and make formal motions regarding the Dwelling Unit Allocation Ranking Report; and WHEREAS, the Planning Commission was presented with the following evidence: I. The memorandum entitled Residential Dwelling Unit Evaluation Report, Quarter 1 of Year 18, from Townsley Schwab, Sr. Director of Planning & Environmental Resources, to the Monroe County Planning Commission, dated December S, 2009, and which report's findings of fact and conclusions of law this Commission adopts by reference, as its own; and 2. The sworn testimony by the Monroe County Growth Management Division staff; and comments of John Wolfe, Esquire; and WHEREAS, the Planning Commission makes the following Findings of Fact: 1. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant Allocation Rankings in the Lower (LowedMiddle) Keys subarea for Market Rate Dwelling Units to applicants ranked one (1) through fourteen (14); and 2. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant Allocation Rankings in the Big Pine/No Name Key subarea for Market Rate Dwelling Units to applicants ranked one (1) through two (2); and Resolution P55-09 Page 1 of 3 M 3. Based upon tie written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission, hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant Allocation Rankings in the Upper Keys subarea for Market Rate Dwelling Units to applicants ranked one (1) through six (6) and ranked eleven (11), and 4. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission, hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to told Upper Keys Market Rate Dwelling Units allocations in abeyance for applicants ranked seven (7) through ten (10) and ranked twelve (12), since the properties do not have tier designations at this time. Once tier designations are finalized, staff will bring the allocations back to the Planning Commission for recommendation of either a sufficient ranking or insufficient ranking for an allocation award for these or other applicants; and 5. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant Allocation Rankings in the Upper Keys (Administrative Relief) subarea for Market Rate Dwelling Units to applicants ranked one (1) and three (3); and 6. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & ,17 Environmental Resources, the Planning Commission, hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to hold Upper Keys (Administrative Relief) allocation in abeyance for applicant ranked two (2), since the property does not have a tier designation at this time. Once the tier designation is finalized, staff will bring the allocation back to the Planning Commission for a recommendation of either a sufficient ranking or insufficient ranking for an allocation award. 7. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant zero (0) Allocation Rankings for the Lower and Upper Keys subarea in the very low, low, & median income category for Affordable Housing Dwelling Units; and 8. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant zero (0) Allocation Rankings for the Lower and Upper Keys subarea in the moderate income category for Affordable Housing Dwelling Units; and 9. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the Resolution PSS•09 Page 2 of 3 m N recommendation by the Sr. Director of Planning & Environmental Resources to grant zero (0) Allocation Rankings for the Big PindNo Name Keys subarea in the very low, low, & median income category for Affordable Housing Dwelling Units; and 10. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission heresy approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant zero (0) Allocation Rankings for the Big Pine/No Name Keys subarea in the moderate income category for Affordable Housing Dwelling Units; and NOW THEREFORE BE IT RESOLVED BY PLANNING CON !MMION OF MONROE COUNTY, FLORWA, that the preceding Findings of Pact and Conclusions of Law, support the decision to APPROVE the Residential Dwelling Unit Allocation Rankings for Quarter I Year 18 and holding allocations in abeyance to Upper Keys Market rate Applicants ranked seven (7) though ten (10) and ranked twelve (12), and to Upper Keys Administrative Relief Applicant ranked two (2) as submitted by the Sr. Director of Planning & Environmental Resources, PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a regular meeting held on the 15th day of December 2009. Market Rate LAwer amdMd4 Keys Big PinelNo Name Keys Upper Kays Upper dAdm. t Kayo Chairman wall y" ya Commissioner Werling ygg ya Commissioner Hale y" ya Commissioner Cameron ya ya 3= Y� Commissioner Lustberg y�,s Affordable Housing Lower tLwdMdo & Upper Keys Big Pine/No Name Keys Chairman Wall y YS$ Commissioner Werling ygg y� Commissioner Hale ySA YSA Commission Cameron ygg y� Commissioner Lastberg yo y r Signed this 1Sth day of December 2009 Resolwion PSS-09 Page 3 of 3 B Monroe 11, Chairman - AP!'.^.OV5I3 Alia'? 7,?�ti3A FORM . DY ttarncY'a d)ff ke N � �laA�SYY�i�YkYiS�!lYYtlYtlLYRfYYgi�iSxCw+ffirrrrrwMp+ p fail lilt Mill, sx si��sissnxa�a��a�rs ?aeeeec��dQesuas� cisa �IItiItit IIIIaIIIIaail I H 11121111111111 8drddd8tdsaaaaaaaaaaaaaddddd8ddddd8dddddd188d lifter fill Full if ff fil fit HIM" WIN if i Sa�No �E r }'jrr�waNSrrr+ A rp NMka�urg.�.'lgNgrMwr11:3YYY1l+�8irr..�ll r x A w w w N M M M M M M ............. N N M p M M M M M M M N p N N N N N M N N N eorgggoSggooeeeoereorrogggggggegggggggggSgggS eeeoereeae�*g ggg ��gggeeeaooaooaae......eerr r 0 4 0 0 4 0 0 0 0 r 0 0 0 0 0 0 0 4 0 4 0 0 4 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 4 0 0 4 4 0 0 0 4 0 4 4 r 4 0 0 r 4 0 0 0 0 0 0 0 0 0 0 4 4 0 4 0 0 0 0 0 0 0 0 0 0 0 0 0 r 4 4 4 4 0 0 4 M 4 4 0 4 4 0 0 4 0 0 0 O O O O 0 4 0 4 0 0 0 0 0 0 0 0 0 0 0 O 0 0 4 0 4 p 0 0 0 0 0 O O O O O O O O r r O 0 0 0 4 0 0 0 0 0 0 0 0 r r 0 4 4 4 0 0 0 4 0 4 r O r r o 0 4 0 4 4 0 0 0 0 4 4 0 4 4 4 4 0 0 0 0 0 0 0 0 4 r 0 4 4 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 4 0 0 0 0 4 O O O O 0 0 0 4 4 4 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 4 4 4 4 0 r O r 0 0 0 0 0 0 4 0 r 4 0 4 0 r O 0 0 0 0 0 O 4 0 4 4}}}}}} O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 4 4 0 0 4 0 0 0 0} 0 0 0 0 0 eeeeeeerS:SYgYZSYggSgoarsea 000000000000r01 Mrrrrrrrgaggge+SSSYg8Y88++riSwiSftgSGait�7tiGrZ�LLtill ig 0 w 0 It it Is w 101 im RESOLUTION #PO4- 0 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION APPROVING AND HOLDING SOME ALLOCATIONS IN ABEYANCE FOR THE RESIDENTIAL DWELLING UNIT ALLOCATION QUARTER BEGINNING OCTOBER 13, 2009, AND ENDING JANUARY 12, 2010, ALL OTHER APPLICANTS ROLLOVER TO THE NEXT REGULAR QUARTERLY EVALUATION PURSUANT TO SECTION 138-26 OF THE MONROE COUNTY CODE WHEREAS, the Sr. Director of Planning & Environmental Resources submitted to the Planning Commission a Residential Dwelling Unit Allocation Evaluation Report, dated March 1, 2010, pursuant to the procedures outlined in Monroe County Code, Amended, Section 138-26; and WHEREAS, the Monroe County Planning Commission during a regular public meeting held on March 10, 2010, conducted a public hearing to review, discuss, and make formal motions regarding the Dwelling Unit Allocation Ranking Report; and WHEREAS, the Planning Commission was presented with the following evidence; I %5 1. The memorandum entitled Residential Dwelling Unit Evaluation Report, Quarter 2 of Year 18, from Townley Schwab, Sr. Director of Planning & Environmental Resources, to the Monroe County Planning Commission, dated Mare 1, 2010, and which report's findings of fact and conclusions of law this Commission adopts by reference, as its own; and 2. The sworn testimony by the Monroe County Growth Management Division staff; and comments of John Wolfe, Esquire; and WHEREAS, the Planning Commission makes the following Findings of Fact: 1. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant Allocation Rankings in the Lower (Lower/Middle) Keys subarea for Market Rate Dwelling Units to applicants ranked one (1) through ten (10) and thirteen (13) though fourteen (14); and 2. Based upon the written testimony of Townsley Schwab. Sr. Director of Planning & Environmental Resources. the Planning Commission, hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to hold Lower (Lower/Middle) Keys Market Rate Dwelling Units allocations in abeyance for Resolution PO4-10 Page 1 of 3 applicants ranked eleven (11) through twelve (12), since the properties do not have tier designations at this time. Once tier designations are finalized. staff will bring the allocations back to the Planning Commission for recommendation of either a sufficient ranking or insufficient ranking for an allocation award for these or other applicants; and 3. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant Allocation Rankings in the Big Pine/No Name Key subarea for Market Rate Dwelling Units to applicants ranked one (1) through two (2); and 4. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission, hereby approves the recommendation by the Sr. Director of Planning & Frrivironmental Resources to grant Allocation Rankings in the Upper Keys subarea for Market Rate Dwelling Units to applicants ranked four (4) and six (6) through nine (9); and 5. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission, hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to hold Upper Keys Market Rate Dwelling Units allocations in abeyance for applicants ranked one (1) through three (3), five (5), and ranked twelve (12) through thirteen (13), since the properties do not have tier designations at this time. Once tier designations are finalized, staff will bring the allocations back to the Planning Commission for recommendation of either a sufficient ranking or insufficient ranking for an allocation award for these or other applicants; and 6. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant Allocation Rankings in the Upper Keys (Administrative Relief) subarea for Market Rate Dwelling Units to applicants ranked one (1) through two (2); and 7. Based upon the written testimony of Townsley Schwab. Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant zero (0) Allocation Rankings for the Lower and Upper Keys subarea in the very low, low, & median income category for Affordable Housing Dwelling Units: and 8. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant zero (0) Allocation Rankings for the Lower and Upper Keys subarea in the moderate income category for Affordable Housing Dwelling Units; and Resolution PO4-10 Page 2 of 3 ejv�9. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant zero (0) Allocation Rankings for the Big Pine/No Name Keys subarea in the very low, low, & median income category for Affordable Housing Dwelling Units; and E 10. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant zero (0) Allocation Rankings for the Big Pina No Name Keys subarea in the moderate income category for Affordable Housing Dwelling Units, and NOW THEREFORE BE IT RESOLVED BY PLANNING COMMISSION OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of Law, support the decision to APPROVE the Residential Dwelling Unit Allocation Rankings for Quarter 2 Year 18 and holding allocations in abeyance to Lower (Lower/Middle) Keys Market rate Applicants ranked one (1) through ten (10) and thirteen (13) though fourteen (14), and to Upper Keys Market rate Applicants ranked one (1) through three (3), five (3), and ranked twelve (12) through thirteen (13)as submitted by the Sr. Director of Planning & Environmental Resources. PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a regular meeting held on the 10th day of March 2010. Lower aa.wdmdo Keys Chairman Wall y d Commissioner Werling absent Commissioner Nate yrd Commissioner Cameron yew Commissioner Lustberg xe Chairman Wall Commissioner alerting Commissioner Nate Commission Cameron .'—CbnrM1.4'x77irterLtrstbrr -. -_ n2•r::u�i �Ps �''J � :1:.t Al�t7i:_ I. s Market Rate Big Pine/No Name Keys a XS� aabscnt YSI YSI Upper Keys Upper aAdm. Rdun Keys s b� a oar subarea YEW- M 1�81 absent XS� yew Y E y� Affordable Housing Lower ( wdMda) & Upper Keys Big Pine/No Name Keys su Wbam absent YSI YSa • • Wq--- iknCd dgs aiitl> 5� of Mardi 2010 Resolution PO4-10 Page 3 of 3 Planning Commission of Monroe County. Flooda , Randy VA N 0 0 •� till r 8= s a a'g r r Y w w Y Y w w w w w w w w w w w w w w w Y# w Y Y Y w Y Y Y r Y B�Si8g(38$it$$�gaS&$li9lq"��$63&3ra�$��sx��s�awaa�"s� ��FFF��F�FFfifi��FFFF��F��FfiFF�FFF�FF�FFFFF sssssss$sssgssasssaaa�aa��€�a€asss�sssssssaass filly Iif111f�� a leaf list �IIIa 111111111i1111 If rr — Y Y Y VaMa{nYtl$Y0wYa1w./w 41w0eg�B10$Cp[lwgww+ NN SS w ®pa+++r a +$w+./wVaaw ell +++ Y Y Y N y ... N Y Y y Y Y Y++++ r+ r++++++ Y Y Y N Y Y N Y N N M Y Y r Y o oogoiS$$8$+0+0o+$o+S+o$eeeeeeeeeeeee'e ire g$+e$re re d re a+er dd 000000000eoe000eeeo�o�SeSeg��eeeeeseeeeeoeoeoo e eeeeeeoe000eoe0000000000e000000eoeeeeeeeoeoee e oe0000000000000000000000eoeooeeweeeeeeeeeeeee o orooeoeoeoeoeoeoeeeeeeeweeeeeeeoou0000Y000000 eeeeeeeeeeeeeweoeoeoe000ee000000000eeeoeeeeoee eweeoeeoeoeoe000000000000000000eeeeeweeeeeweoe eoe00000000000000eoe000eoeeeeeeeeeeweeeeeeewow 000000000000wooeoe000eoeoeoeeeeweeeeweewoeeeee w oaaaaaa00000eoeeeeeeeeeeeeeeeeoeoe0000a000000 YYaYYYYYwor+YYYYYYaaaaaaaaaaaaa.YYYYYYYara*awe eeeeeeee$��eeeoeo$ZQ$r$Q$Q$$$=eoeeeoeeeeeoe�� Y M Y w w w w w wa ++ Y Y Y M Y w A Y� M M Y M �� M M Y p W Y Y Y Y Y Y•� r r p 0 a 0 W. N s N ❑It C 4% ON RIVE f j f' RES OLUTION P10- 0 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION APPROVING THE YEAR I8 QUARTER 3, (JANUARY I3, 20I0-APPIL 12, 2010) RESIDENTIAL DWELLING UNIT MARKET RATE ALLOCATIONS FOR THE LOWER KEYS SUB -AREA, BIG PINE AND NO NAME KEYS AND FOR AFFORDABLE HOUSING; HOLDING SOME ALLOCATIONS IN PENDING TIER DESIGNATIONS; CONTINUINGABEYANCE THE UPPER KEYS MARKET RATE ALLOCATIONS UNTIL, JUNE 23, 2010. WHEREAS, the Sr. Director of Planning &Environmental Resources submitted to the Planning Commission a Residential Dwelling Unit Allocation Evaluation Report, dated June 2, 2010, pursuant to the procedures outlined in Monroe County Code, Amended„ Section I38-26; and WHEREAS, the Monroe County Planning Commission during a re gul meeting held on June 9, 20I0, conducted a public hearing to review, dim public scuss formal motions regarding the Dwelling Unit Allocation Ranking Report, an, end make 113111 WHEREAS, the Planning Commission was presented with the following evidence: 1. The memorandum entitled Residential Dwelling Unit Evaluation Report, Quarter 3 of Year 18, from Townley Schwab, Sr. Director of Planning & Environmental Resources, to the Monroe County Planning Commission, dated June 2, 20I0; and 2. The swom testimony by the Monroe County Growth Management Division comments of John Wolfe, Esquire; and staff and WHEREAS, the Planning Commission makes the following Findings of Fact Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby recommendation by the Sr. Director of PIanning & Environmental Rth esources to grant Allocation Rankings in the Lower (Lower/Middle) Keys subarea for Market Rate Dwelling Units to applicants ranked one (1), two (2), five (S), through seven (7) and nine (9) through thirteen (13); and 2. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission, recommendation by the Sr. Director of Planning & Environmental s hothe ld Lower (Lower/Middle) Keys Market Rate Dwelling Units allocations in abeyance for applicants ranked three (3), four (4), and eight (8), since the properties do not have tier Resolution PI0-10 Page I of 3 "> designations at this time. Once tier designations are finalized, staff will bring the allocations back to the Planning Commission for recommendation of either a sufficient ranking or insufficient ranking for an allocation award for these or other applicants; and 3. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant Allocation Rankings in the Lower Keys (Administrative Relies subarea for Market Rate Dwelling Units to applicant ranked one (1); and 4. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant Allocation Rankings in the Big Pine/No Name Key subarea for Market Rate Dwelling Units to applicants ranted one (1) through two (2); and 5. Based upon the testimony of staff concerning inconsistencies and inaccurate information regarding the availability of central wastewater treatment system availability in the Upper Keys subarea, the Planning Commission, hereby approves the continuance of the Upper Keys subarea market rate applications to June 23, 2010; and % b. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant zero (0) Allocation Rankings for the Lower and Upper Keys subarea in the very low, low, & median income category for Affordable Housing Dwelling Units; and . Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant zero (0) Allocation Rankings for the Lower and Upper Keys subarea in the moderate income category for Affordable Housing Dwelling Units; and 8. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant zero (0) Allocation Rankings for the Big Pine/No Name Keys subarea in the very low, low, & median income category for Affordable Housing Dwelling Units; and 9. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant zero (0) Allocation Rankings for the Big Pine/No Name Keys subarea in the moderate `_�.` income category for Affordable Housing Dwelling Units; and Resolution P 10-10 Page 2 of 3 3Z W ;. NOW THEREFORE BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY, FLORIDA, that the precMing Findings of Fact and Conclusions of Law, support the decision to APPROVE the Residential Dwelling Unit Allocation Rankings for Quarter 3 Year IS and holding allocations in abeyance for Lower (Lower/Middle) Keys Market rate Applicants ranked three (3), four (4), and eight (S), and continuing the public hearing for the Upper Keys Market Rate Applications to June 23, 2010 at 10:00 am as shown on EXHIBIT 'A' attached. PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a regular meeting held on the 9th day of June 2010. Market Rate W. Lower (Lovmd]) Keys subarea Chairman Wall Commissioner Werling yes Commissioner Hale yes Commissioner Cameron yem Commissioner Lustberg M Lower (Adm xe d) Keys Big Pine/No Name Keys subarea sub�rgg 10 y= YM YM YM YM YM YM W YM Affordable Housing Lower (LwdMdl) & Upper Keys Big Pina No Name Keys Chairman Wall subs s}Ibarea Commissioner Werling yes y� Commissioner Hale YM Y� Commission Cameron yes YMCommissioner Lustberg es YM Y_ YM Planning Commission of Monroe County, Florid$ ' ,l / By .^. Signed this 9th day of June 2010 Randy al� Chairman APPROVED AS TO FORM AND LEG & "I 1FsNC�Y BY '14urn6y's 0177ec 0 Continue Upper Ke" subarea Y_q Y� YM Yt� Resolution P10-10 Page 3 of �"� �GlL4s87!l�g5i�ill�fe��S��g�t�X y _ �o �r_ $9�s$8$9R�g�9gs�l�sR��tallll:7� es88 P � sssss sgs FFFFFFFFFFFFFF�FFFFFFFFFFFFFFFF��F�� IIFI�d$$d$$S�d$$d.Pd$$ fib grr�rr$ WPM 'alai- g 9999 r + r r N N N N N M N N N N N N N N+ r++ r++ r+ te r+ r N N N N N N N N N N N N N N Y 000a0000080000000e0000000e00000 000000S0000'000Qi aaaaaaaaaaaaaaaaaa 000000000000000e0000000ee 000 0�� aooa0000000aooa0000000a0000000aooa0000000000ao 0000000000000000000000000000000000000000000000 ! 0, a y o a o 0 0 0 0 0 o a o o a o 0 0 o O o o a o 0 0 0 0 0 0 0 o a o o a o 0 0 0 0 0 0 o u o Y �� oaoaooaooaoaaoa0000aooa0000000aoaa0000000aaoao RI N oaooaoaooaooaooaooaoa0000aa0000ao 00000aaoea000 N ooaoa0000000000aooa0000000a0000aa000000aaoaaoo w oa0000a0000000aooa0000000aoaooaooa00000000aoao o*ooiLXXy00000000a000000000a0000aooa00000aoaoo 4 } m ,C� {oeoe ooaoo+r+ T� a 0000>�>i wwwiG A'si0iwwi00000e.�oo�000e K ^+ Any person who wishes to be heard shall provide the Clerk with his or her name and ,. and the agenda item on which he or she wishes to be heard. Such information shall be on is allowedprovided by the County. Once public input begins, there will be no further speaker car be person representing an organization has five minutes to address the Board (except individuals wishing to speak during public hearings pertaining to land use issues will have fi representingminutes). The first person allowedun] Subsequently, all other speakers on behalf of that organization have three minutes to address t Board. Once an individual has addressed the Board,bpermitted to return - the +, case, the applicant may return to the podium to conclude his or her position at the end of public he; , A AMISTANCE: If you are aperson with a d1sabilky who needs special accomnivdadons in order to pardc4We in this proceeding, please contact the County A rator's OUke, by phoning (305) 292-4441, between the hows of :30 aim • 5:06 p.m., no later than ten (10) calendar prior to the scheduled meeting; Vyou are hearing or voice impaired, c "711 ". Please note that all time approximate items are listed in bold. Wednesday, July 21, 2010 The Harvey Government Center at Historic TrumanSchool 1200 TrumanAvenue Key West, Florida U 1,1 ,a ,1 District Board o r 3:00 P.M. - Public Hearings 6:00 P.M. - Public Hearings r INVOCATION SALUTE TO FLAG A. ADDITIONS, CORRECTIONS, DELETIONS B. PRESENTATION OF AWARDS I . Presentation of Years of Service Award for 30 years of service to Monroe County to Lisa Druckemiller, Senior Administrator, Technical Services Department. VIEW 2. Presentation of Years of Service Award for 30 years of service to Monroe County to Fred Gartenmayer, Plumbing Foreman, Facilities Maintenance, Public Works Division. VIEW 3. Presentation of Years of Service Award for 20 years of service to Valerie Moore, Business Manager, Monroe County Library. VIEW 4. Presentation of Years of Service Award for 10 years of service to Monroe County to Terry Thompson, Sr. Landscaper, Higgs Beach, Facilities Maintenance, Public Works Division. VIEW 5. Presentation of Employee Service Award for the month of April 20I0 to Brian Bradley, Coordinator, County Attorney's Office. VIEW 6. Presentation of Government Finance Officers Association (GFOA) award to Monroe County's Office of Management and Budget. VIEW 7. Presentation of Mayor's Proclamation celebrating the week of July I8-24, 2010 as Probation, Parole, and Community Supervision Week in Monroe County. VIEW 8. Presentation of Mayor's Proclamation declaring August I4t', 20I0 as International Taoist Tai Chi Awareness Day in Monroe County. VIEW 9. Presentation of Mayor's Proclamation declaring November I st to 7'', 2010 as Eco Week in Monroe County and the Florida Keys. VIEW 10. Presentation of "Outstanding Intern" award to Spenser Budde. VIEW C. BULK APPROVALS — COMMISSIONER WIGINGTON I. Approval for Monroe County Bayshore Manor to re -enroll in a Provider Agreement for participation in the TitleXIX Institutional Florida- Medicaid Program VIEW 2. Approval of Modification #00I to the Weatherization Assistance Program, American Recovery and Reinvestment Act Sub -grant Agreement (ARRA WAP), Contract # I OWX-7X- I I-54-01-7 19 between Monroe County Board of County Commissioners (Community Services/Social Services) and the State of Florida, Department of Community Affairs. VIEW I C. BULK APPROVALS — CONTINUED 3. Approval of Amendment 007 to the Community Care for the Elderly (CCE) Contract KC-971 between the Alliance for Aging, Inc. (Area Agency on Aging) and the Monroe County Board of Commissioners (Social Services/In-Home Services) for fiscal year 7/1/09 to 6/30/10. VIEW 4. Approval of receipt of monthly report on change orders reviewed by the County Administrator's Office. VIEW 5. Approval of updated Business Associates Agreement with Horizon Health EAP Services. VIEW 6. Approval of updated Business Associates Agreement with Wells Fargo. VIEW 7• Approval to renew the Airport Liability Insurance with Ace Property Casualty Insurance Company through Arthur J. Gallagher. VIEW 8. Approval of a revision to Health Insurance Plan Document. VIEW 9. Approval to send a letter of interest to the City of Lantana in support of their application for the Environmental Protection Agency for the Climate Showcase Communities Grant. VIEW 10. Approval to spend District 1, District 3 and District 4 Fire and Ambulance Impact Fees to install 23 fire hydrants at strategic locations in the areas of unincorporated Monroe County and issue a Purchase Order to J.A. LaRocco Enterprises, Inc. for the same. VIEW 11. Approval by the Board, acting as Plan Administrator of the Length of Service Award Plan (LOSAP) to begin 10-year disbursement of funds to one eligible participant, with a monthly benefit of $180.00 commencing August 1, 2010. VIEW 12. Approval of a resolution authorizing transfer of use and possession a Ford Explorer owned by the Upper Keys Health Care Taxing District upon payment of fair market value in the amount of $12,375.00 by Monroe County Fire and Ambulance District 1; and authorization for the Division Director, Monroe County Emergency Services/Fire Rescue to execute all necessary paperwork, including but not limited to, the Monroe County Fixed Asset Transfer Form. VIEW 13. Approval of various resolutions for the transfer of funds and resolutions for the receipt of unanticipated revenue. VIEW 14. Approval of a resolution authorizing the submission of grant application to the Florida Department of Law'Enforcement for the Edward Byrne Memorial Justice Assistance FY 2011 Grant (JAG) program based upon the recommendations of the Substance Abuse Policy Advisory Board and authorization for the County to execute application. VIEW t] C. BULK APPROVALS — CONTINUE' 15. Authorization for the Mayor to execute the Edward Byrne Memorial Justice Assistance funding distribution letterwith the Department of Law Enforcement for fiscal year 2011 (Oct. 1, 2010 through Sept. 30, 2011), whereby Monroe County agrees to the distribution of JAG program funds in the County. VIEW 16. Ratification of approval/acceptance of Florida Department of Transportation grant for an additional $250,000.00 for Planning Studies for the Key West and Marathon Airports. VIEW 17. Approval to fund one half of the expense (not to exceed $5,000.00) for a bust of George Faraldo, to be placed in the New Terminal Building, VIEW 18. Approval of a lease for rental space with Keren Adlen and Dani Tobaly, dba JET LAG ACCESSORIES, LLC., for rental space at the Key West International Airport. VIEW 19. Approval to award bid and execute a contract with Jayne's Cleaning Service for janitorial services at the Key West International Airport, and approval for Jayne's Cleaning Service to commence services beginning August 1, 2010. VIEW 20. Approval to pay an invoice for Emergency Roof Repairs at the Key West International Airport from Pearson Framing Contractors, Inc., required due to the replacement of an air conditioning unit located above the ground -level Conch Flyer Restaurant, VIEW 21. Approval of Amendment to Agreement with Stand Up for Animals, Inc. (SUFA) to operate the Big Pine Key and Marathon Animal Shelters for an additional ninety (90) days. VIEW 22. Approval of Task Order P W-MAC-001 with MACTEC Engineering and Consulting, Inc. for providing facility asset management products and services to assist Public Works with implementation of an engineering -based, IT -enable facility management program. VIEW 23. Approval to reject bids and re -advertise for Shade Structures for Lower Keys Parks. VIE W 24. Approval to reject bids and re -advertise for Park Irrigation Systems for three Lower Keys parks as follows: Bay Point, Big Pine Community, and Bernstein. VIEW 25. Approval to reject bids and re -advertise for Playground Equipment for Lower Keys Parks. VIE W 26. Approval to exercise the second renewal option of the contract with U. S. Water Services Corporation for operation and maintenance of the wastewater treatment plant at the Marathon Government Center. VIEW 27• Approval of a Lease Agreement with Early Learning Coalition of Miami-Dade/Monroe to provide office space at the Gato Building, 1100 Simonton Street, Key West, FL. VIEW El 0 C. BULK APPROVALS -- CONTINUED 28. Approval of a Lease Agreement with the State of Florida Department of Health, Monroe County Health Department, to provide continued office space at the Gato Building, 1100 Simonton Street, Key West, FL. VIEW 29, Approval of a Lease Agreement with the State of Florida Department of Health, Monroe County Health Department, to provide continued office space at the Murray E. Nelson Government and Cultural Center, 102050 Overseas Highway, Key Largo, FL. VIEW 30. Approval to award bid and execute a contract with Hammerhead Termite Control for fumigation services of the Monroe County Courthouse, Key West, Florida. VIEW 31. Approval to award bid and execute a contract with DebonAir Mechanical, Inc. for central air conditioning maintenance and repair for County facilities in the lower keys. VIEW 32. Approval to amend agreement with Weathertrol Maintenance Corp. for central air conditioning maintenance and repair for Lower Keys facilities. VIEW 33. Approval to award bid and execute contract for unleaded gasoline and diesel fuel to the second lowest bidder Dion Oil Company, LLC. VIEW 34. Approval of a resolution to adopt tentative residential solid waste collection, disposal, and recycling rates for Fiscal Year 2010/11. VIEW 35. Approval of a resolution to adopt tentative solid waste collection, disposal, and recycling rates for commercial waste generators for Fiscal Year 20 10/11. VIEW 36. Approval to purchase from AT&T Quote # 321270739 "Schedule for the Purchase of Equipment and/or Services" for telephone equipment and services to upgrade the telephone switching systems in the Marathon Government Center and the Plantation Key Courthouse to a highly available core switch and to upgrade equipment for other smaller sites in Marathon. VIEW D. TOURIST DEVELOPMENT COUNCIL 1. Approval of an Agreement with Monroe Council of the Arts Corporation, d/b/a Florida Keys Council of the Arts to provide f hiding to supplerttent_costs of tourist related _programs. VIEW 2. Approval to utilize $500,000 TDC Emergency Contingency Funds to address the impacts of BP oil spill. VIEW 3. Approval to revise TDC Operations Manual "Acceptable Event Marketing Expense" Policy. VIEW 4. Approval of the 2010/201 l Monroe County Tourist Development Council Marketing Plan. VIEW 5. Approval of an Amendment to Agreement to revise Exhibit A with Key West Players, Inc. covering the Stage Repair and Rigging Renovation at the Waterfront Playhouse in an amount not to exceed $25,000, DAC I, FY 2010 Capital Resources. VIEW 6. Approval of an amendment to Agreement with Upper Keys Business Group, Inc. to revise date of event to April 23-June 12, 2010 for the Key Largo Conch Republic Days event. VIEW E. STAFF REPORTS 1. AIRPORTS 2. BUDGET & FINANCE 3. EMERGENCY SERVICES 4. EMPLOYEE SERVICES 5. PROJECT MANAGEMENT 6. GROWTH MANAGEMENT 7. PUBLIC WORKS 8. TECHNICAL SERVICES 9:15 A.M. F. LAND AUTHORITY GOVERNING BOARD 1. Approval of the minutes for the meetings held on June 16, 2010 and June 29, 2010. VIEW 2. Approval to purchase property for conservation. a) Block 3, Lots 4 and 8, Paradise Point, Key Largo VIEW b) Block 5, Lots I and 2, Bowens Addition to Riviera Village, Key Largo VIEW c) Big Pine Key Acreage (RE #00110 1 ) VIEW d) Block 4, Lot 7, Cutthroat Harbor Estates, Cudjoe Key VIEW 3. Approval of a resolution authorizing the issuance of two mortgage loans to The Housing Authority of the City of Key West to finance the purchase of 712-716 Eisenhower Drive and 703-705 Pearl Street in Key West as an affordable housing site. VIEW 4. Approval of a resolution concerning the transfer of funds. VIEW 5. Approval of a resolution authorizing the issuance of two mortgage loans to The Housing Authority of the City of Key West to finance the purchase of 1911-1913 Patterson Avenue in Key West as an affordable housing site. VIEW 6. Approval of a resolution concerning the transfer of funds. VIEW rl 9:30 A.M. G. FIRE & AMBULANCE DISTRICT 1 BOARD OF GOVERNORS I. Report 2. Approval to spend Ad Valorem taxes to install 7 fire hydrants at strategic locations in the areas of unincorporated Monroe County and issue a Purchase Order to J.A. LaRocco Enterprises, Inc for the same. VIEW 3. A Resolution of the Board of Governors, Fire and Ambulance District 1 of Monroe County, Florida authorizing payment of $12,375.00 to the Upper Keys Health Care Taxing District in return for use and possession of a Ford Explorer, County I 1419- 55; and authorization for the Division Director, Monroe County Emergency Services/Fire Rescue to execute all necessary paperwork, including but not limited to, the Monroe County Fixed Asset Transfer Form. VIEW i i A.M.. O 1. Presentation from IWilliam Horn,ArchitectI il. I status and design I the HiggsBeachPark Master Plan. J. DIVISION OF GROWTH MANAGEMENT — BULK APPROVALS I. Approval of a resolution setting the date, time and place for a public hearing of a proposed abandonment of a portion of State Road 905/County Road 905, Harbor Course Subdivision Section I, Ocean Reef Plat 13, North Key Largo. VIEW 2. Approval of a resolution setting the date, time and place for a public hearing of a proposed abandonment of a portion of Cabrera Street, South Creek Village Subdivision, Key Largo. VIEW 3. Approval of a request for the full refund of $1,778.00 for the road abandonment petition fee for F. Albert Zamacona, 27285 Mariposa Road, Ramrod Key (File No. 28097). VIEW 4. Approval of a partial release of Lease No. 4549, a land management lease between Monroe County and the Board of Trustees of the Internal Improvement Fund of the Mate of Florida MOT). VIEW 5. Approval of Commencement Date Agreement as part of the lease between Monroe County and Habitat for Humanity of the Middle Keys community Land Trust, Inc. for property located at 1007 75 h Street in Marathon (RE#00343090-000000). VIEW IN 2:45 P.M K. t n Se- v2- t DIVISION OF GROWTH MANAGEMENT 1 • An appeal of the ROGO Allocation rankings of the Ma nroe County Planning Commission for applications #07100486, #07100479, #07100485 and #07100483 in Planning Commission Resolution 04-10 dated March 10, 2010 and approval of a resolution approving the ROGO rankings and DENYING the appeal by the appellant, John K. Akins. VIEW 10:45 A.M. L. TAX COLLECTOR 1. Approval 1 11 1the2009 tax roll and the list of erro and insolvencies for the 2009 tax I andapproval1exteI ''' I` Ill extended I I I bills beI I 1 prior completion 1 11 1 I 1 1 l:Hearings. 1:30 P.M. M. WASTEWATER ISSUES 1. Wastewater Status Report. VIEW 2. Approval of third Amendment to the 6/21/lnterlocal agreement (ILA) with FKAA revising the County Funding portion to S37,000,000 and immediately appropriating those funds which have been duly approved for the estimated costs of administration, planning and construction of the Big Coppitt Regional Wastewater Project. VIEW 2:00 P.M. N. SOUNDING BOARD I. Request to speak to the Board of County Commissioners in regards to - the end of the pilot pro in November, the proposed revitalization of Monroe County's image, and pathways towards local policies that are more conducive to Keys homeowners - John November. VIEW O. COMMISSIONERS' ITEMS I. MAYOR MURPHY - Approval to advertise a reconsideration of an Administrative Relief for Triple J Investments Inc. on Lot 23, Block 3t Ocean Park Village-, Key Largo, Real Estate Number 00446010.000000. VIEW 2. COMMISSI NER CARRUTHERS - Approval to reappoint Steve Torrence to the Monroe County Human Services Advisory Board. VIE W O. COMMISSIONERS' ITEMS -CONTINUED 3. COMMISSIONER CARRUTHERS - Discussion by the Board of County Commissioners regarding the tolling of US 1 as an alternative funding source for County infrastructure projects, including as a possible alternative for meeting our wastewater mandate. VIEW 4. COMMISSIONER WIGINGTON -Approval of appointment of Dr. Lesley Salinero to the Human Services Advisory Board Working Group, VIEW 5. COMMISSIONER WIGINGTON - Approval of reappointment of Alexsandra Leto to Human Services Advisory Board. VIEW 2:30 P.M. 6. COMMISSI2NER DIGENNARO - Discussion of proposed amendment to Monroe County Land Development Code and/or Comprehensive Plan to add additional protection to established height limit by requiring a voter referendum prior to seeking an amendment to allow an increase in height, and direction to legal staff to research the constitutionality and enforceability of a referendum requirement. VIEW 7. CQMMISSIONER DIG NNAR - Approval to appoint Josh Mothner to the Human Services Advisory Board (HSAB) Working Committee. VIEW P. COUNTY CLERK 1. Report 2. Official approval of the BOCC minutes from the Special BOCC meeting held on May 11, 2010 and Regular meeting held on May 19, 2010 (previously distributed). 3. Approval of Warrants. VIEW 4. Approval of Tourist Development Council Expenditures for the month of June, 2010. VIEW 5. Approval to remove surplus equipment from inventory via disposal or advertise for bid. VIEW Q. COUNTY ADMINISTRATOR 1. Report VIEW 2. Approval of Professional Services Agreement between Floridian Partners, LLC under the Exception to the competitive bidding process as sit out in Chapter 4B of County Purchasing Policy for consulting services, including lobbying, for a one-year term retroactive to July 19, 2010 through July 18, 2011. VIEW 3. Approval of a resolution requesting that the Navy utilize the F-14 Aircraft Operation - in affect prior to the F-18 Super Hornet - as the baseline for the upcoming Environmental Impact Statement. VIEW 0 0 R. COUNTY ATTORNEY 1. Report 2. Approval to issue a PO for 60 month lease with Xerox for a W5665PT Copier and a Xerox MFP8560DI Multifunction Color Phaser to replace the Xerox WCP3545. VIEW 3. Approval of an assignment to Islamorada, Village of Islands of lease for area known as Anne's Beach. VIEW 4. Approval of Estoppel Certificate regarding the Ground Lease between Monroe County and Overseas Redevelopment Company, LLC and the Revised Sub -Lease Agreement between Overseas Redevelopment Company, LLC and Flagler Village Limited Partnership, Ltd. and Monroe County, FL for an affordable housing project. VIEW 5. Request by Property Owner Rebecca Newman for further reduction of fines in Code Enforcement Case CE09080129. Fines Total $42,700.00. Costs Total $325.74. VIEW 6. Request for approval to advertise a Public Hearing to consider adoption of an ordinance amending Monroe County Code, Section 4-46 to provide clarification to allow citations to be issued to persons other than owner(s) or keeper(s) of animals. VIEW 3:00 P.M. S. PUBLIC HEARINGS 1. A Public Hearing to consider approval of a resolution for a Budget Amendment of Fiscal Year 2010 Affordable Housing Program Fund 100. VIEW 2. A public hearing to consider adoption of an Ordinance amending Sec. 23-76, MCC, adding specific language regarding "mobile business first time" for clarification. VIEW 3. A public hearing to consider adoption of a County Ordinance to amend sections of Chapters 19 and 25 of the Monroe County Code to clarify prohibited uses of County rights -of -way and provide limitations on appeals processes, additional enforcement measures, penalties and increased fees for permits. VIEW 4. A public bearing providing for the repeal of Ordinance No. 011-2010 regarding registration of lobbyists. VIEW 11 6:00 P.M. T. PU91,11C HEARINGS l Approval of a resolution to transmit to the Florida Department of Community Affairs an amendment to Policy 101..6 of the Monroe County 2010 Comprehensive Plan Future Land Use Element to extend the moratorium of new transient residential units until December 31, 2011. VIEW 2. Approval of a resolutionto transmit to the Florida Department of Community Affairs ( S), an amendment to the Monroe County Year 2010 Comprehensive Plan, creating Goal 107, Objective 17.1, and Policy 107.1.1 that establishes a Sub Area Policy for Wisteria Island. VIE 3. Approval of a resolution to transmit to the Florida Department of Community Affairs (DCA), an amendment to the Monroe County 210 Comprehensive Plan Future Land Use Map (FLU ), amending the FLUM designation from Undesiguated to Mixed Use Commercial C) for Wisteria Island. VIEW Im ADD-ONS Page 5 C36 TECHNICAL SERVICES - Approval to purchase from AT&T Quote # 321270739 "Schedule for the Purchase of Equipment and/or Services" for telephone equipment and services to upgrade the telephone switching systems in the Marathon Government Center and the Plantation Key Courthouse to a highly available core switch and to upgrade equipment for other smaller sites in Marathon, Page 9 Q4 COUNTY ADMINISTRATOR - Discussion and action regarding proposal submitted to Key Colony Beach for Monroe County Fire Rescue to provide fire and emergency medical services (EMS) to the City of Key Colony Beach in response to their request for said proposal. Page 7 G2 BOARD OF GOVERNORS - Approval to spend Ad Valorem taxes to install 7 fire hydrants at strategic locations in the areas of unincorporated Monroe County and issue a Purchase Order to I.A. LaRocco Enterprises, Inc for the same. Page 8 K l GROWTH MANAGEMENT -- An appeal of the ROGO Allocation rankings of the Monroe County Planning Commission for applications 907100486, #07100479, #07100485 and #07100483 in Planning Commission Resolution 04-10 dated March 10, 2010 and approval of a resolution approving the ROGO rankings and DENYING the appeal by the appellant, John K. Akins Page 4 C 18 AMPORT - ( Revised wording) - Approval of a lease for rental space with Keren Adlen and Dani Tobaly, dba JET LAG ACCESSORIES, LLC., for rental space at the Key West International Airport. Page 5 C32 PUBLIC WORKS — (Backup now included) -Approval to amend agreement with Weathertrol Maintenance Corp. for central air conditioning maintenance and repair for Lower Keys facilities. Page 10 R2 COUNTY ATTORNEY — (Revised wording & backup) - Phase- t . ..Face the Xerox WC—P354S Approval to issue a PO for A •lMr�\rl 60 month lease with Xerox for a W5675PT Copier and a Xerox MFP8560D 1 Multifunction Color Phaser to replace the Xerox WCP3545 Page i 1 T2 PUBLIC HEARING/GROWTH MANAGEMENT — (Revised backup - Pages 128-134 of the original package have been deleted. Pages 143-155 have been inserted into the REVISED package as well as pages 221- 225 were added ) Approval of a resolution to transmit to the Florida Department of Community Affairs (DCS), an amendment to the Monroe County Year 2010 Comprehensive Plan, creating Goal 107, Objective 107.1, and Policy 107.1.1 that establishes a Sub Area Policy for Wisteria Island. Page 11 T3 PUBLIC HEARING/GROWTH MANAGEMENT — (Pages 188 - 192 were added) - Approval of a resolution to transmit to the Florida Department of Community Affairs (DCA), an amendment to the Monroe County 2010 Comprehensive Plan Future Land Use Map (FLUM), amending the FLUM designation from Undesignated to Mixed Use Commercial (MC) for Wisteria Island AGENDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS WEDNESDAY, JULY 21, 2010 TIMES APPROXIMATE 9:00 A.M. Board of County Commissioners Regular Meeting 9:15 A.M. F 1/F6 — Land Authority 9:30 A.M. G 1 /G3 — Board of Governors 10:30 A.M. H 1 —Project Management 10:45 A.M. L1 —Tax Collector 12:00 P.M. Lunch Break 2:00 P.M. N 1 —Sounding Board 2:30 P.M. 06 — Commissioner DiGennaro 2:45 P.M. K1 — Growth Management 3:00 P.M. S 1/S4 — Public Hearings 6:00 P.M. T 1/T3 — Public Hearings 128 MINUTES OF THE1 1COUNTY BOARDOF COUNTY1 1 Regular Meeting Board of County Commissioners Wednesday, July 21, 2010 Key West, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 A.M., at the Harvey Government Center. Present and answering to roll call were Commissioner Heather Carruthers, Commissioner Mario DiGennaro, Commissioner George Neugent, Commissioner Kim Wigington, and Mayor Sylvia Murphy. AIso present at the meeting were Roman Gastesi, County Administrator; Debbie Frederick, Assistant County Administrator; Suzanne Hutton, County Attorney; Danny L. KoIhage, CIerk; Isabel C. DeSantis, Deputy Clerk; County Staff, members of the press and radio; and the general public. Motion was made by Commissioner Neugent and seconded by Commissioner DiGennaro granting approval of Additions, Corrections and Deletions to the Agenda. Motion carried unanimously. PRESENTATION OF AWARDS Presentation of Years of Service Award for 30 years of service to Monroe County to Lisa DruckemiIIer, Senior Administrator, Technical Services Department. Presentation of Years of Service Award for 30 years of service to Monroe County to Fred Gartenmayer, Plumbing Foreman, Facilities Maintenance, Public Works Division. Presentation of Years of Service Award for 20 years of service to Valerie Moore, Business Manager, Monroe County Library. Presentation of Years of Service Award for 10 years of service to Monroe County to Terry Thompson, Sr. Landscaper, Higgs Beach, Facilities Maintenance, Public Works Division. Presentation of Employee Service Award for the month of April 2010 to Brian Bradley, Coordinator, County Attorney's Office. Presentation of Government Finance Officers Association (GFOA) award to Monroe County's Office of Management and Budget. Presentation of Mayor's Proclamation celebrating the week of July 18-24, 2010 as Probation, Parole, and Community Supervision Week in Monroe County. I 129 Presentation of Mayor's Proclamation declaring August 14th, 2010 as International Taoist Tai Chi Awareness Day in Monroe County. Presentation of Mayor's Proclamation declaring November 1st to 7th, 2010 as EcoWeek in Monroe County and the Florida Keys. Presentation of "Outstanding Intern" award in the Office of the County Attorney to Spenser Budde. Presentation of Years of Service Award for 20 years of service to Monroe County to Suzanne Hutton, County Attorney. BULK APPROVALS Motion was made by Commissioner DiGennaro and seconded by Commissioner Neugent granting approval of the following items by unanimous consent: Board granted approval for Monroe County Bayshore Manor to re -enroll in a Provider Agreement for participation in the Title XIX Institutional Florida Medicaid Program. Board granted approval and authorized execution of Modification #001 to the Modification of Agreement between the Florida Department of Community Affairs American Recovery and Reinvestment Act (ARRA) Weatherization Assistance Program (WAP), Contract #10WX-7X-11-54-01-719 and the Monroe County Board of County Commissioners (Community Services/Social Services). Board granted approval and authorized execution of Amendment 007 to the Community Care for the Elderly (CCE) Contract KC-971 between the Alliance for Aging, Inc. (Area Agency on Aging) and the Monroe County Board of Commissioners (Social Services/In-Home Services) for fiscal year 7/1/09 to 6/30/10. Board granted approval of the receipt of the monthly report on Change Orders reviewed by the County Administrator's Office. Board granted approval and authorized execution an updated Business Associate Agreement between Monroe County and Horizon Health EAP Services. Board granted approval of the updated Business Associate Agreement between Monroe County and Wells Fargo. Board granted approval to send a letter of interest to the City of Lantana in support of their application to the Environmental Protection Agency for the Climate Showcase Communities Grant. 130 Board granted approval to spend District 1, District 3 and District 4 Fire and Ambulance Impact Fees to install 23 fire hydrants at strategic locations in the areas of unincorporated Monroe County and issue a Purchase Order to J.A. LaRocco Enterprises, Inc. for the same. Board granted approval acting as Plan Administrator of the Length of Service Award Plan (LOSAP) to begin 10-year disbursement of funds to one eligible participant, with a monthly benefit of $180.00 commencing August 1, 2010. Board adopted the following Resolution authorizing the transfer of a Ford Explorer, County ID 1419-5655, from the Upper Keys Health Care Taxing District in return for payment in the amount of $12,375.00 from Monroe County Fire and Ambulance District 1 funds; and authorization for the Division Director, Monroe County Emergency Services/Fire Rescue to execute all necessary paperwork, including but not limited to, the Monroe County Fixed Asset Transfer Form. RESOLUTION NO. 195-2010 Said Resolution in incorporated herein by reference. Board adopted the following Resolutions concerning the Transfer of Funds and Resolutions for the Receipt of Unanticipated Revenue: Transfer of Funds (OMB Schedule Item No. 1). RESOLUTION NO. 1%-2010 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 2). RESOLUTION NO. 197-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 3). RESOLUTION NO. 198-2010 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 4). RESOLUTION NO. 199-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 5). RESOLUTION NO.200-2010 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 6). RESOLUTION NO.201-2010 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 7). N RESOLUTION NO.202-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 8). RESOLUTION NO.203-2010 Said Resolution is incorporated herein by reference. Amending Resolution No. 459-2009 (OMB Schedule Item No. 9) RESOLUTION NO.204-2010 Said Resolution is incorporated herein by reference. Amending Resolution No. 460-2009 (OMB Schedule Item No. 10) RESOLUTION NO.205-2010 Said Resolution is incorporated herein by reference. Amending Resolution No. 009-2010 (OMB Schedule Item No. 11) RESOLUTION NO.206-2010 Said Resolution is incorporated herein by reference. Amending Resolution No. 010-2010 (OMB Schedule Item No. 12) RESOLUTION NO.207-2010 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 13) RESOLUTION NO.208-2010 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 14). RESOLUTION NO.209-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 15). RESOLUTION NO.210-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 16). RESOLUTION NO.211-2010 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 17). RESOLUTION NO.212-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 18). RESOLUTION NO.213-2010 Said Resolution is incorporated herein by reference. WA 132 Board adopted the following Resolution authorizing the submission of grant application to the Florida Department of Law Enforcement for the Edward Byrne Memorial Justice Assistance FY 2011 Grant (JAG) program based upon the recommendations of the Substance Abuse Policy Advisory Board and authorization for the County to execute application. RESOLUTION NO.214.2010 Said Resolution is incorporated herein by reference. Board granted authorization for the Mayor to execute the Edward Byrne Memorial Justice Assistance funding distribution letter with the Department of Law Enforcement for fiscal year 2011 (Oct. 1, 2010 through Sept. 30, 2011), whereby Monroe County agrees to the distribution of JAG program funds in the County. Board ratified acceptance of Public Transportation Supplemental Joint Participation Agreement Number Six with the Florida Department of Transportation for an additional $250,000.00 for PIanning Studies for the Key West and Marathon Airports. Board granted approval to fund one half of the expense (not to exceed $5,000.00) for a bust of George FaraIdo, to be placed in the New Terminal Building at the Key West International Airport. Board granted approval and authorized execution of a Lease for rental space with Keren Adlen and Dani Tobaly, dba JET LAG ACCESSORIES, LLC, for rental space at the Key West International Airport. Board granted approval to pay an invoice for Emergency Roof Repairs at the Key West International Airport from Pearson Framing Contractors, Inc., required due to the replacement of an air conditioning unit located above the ground-IeveI Conch Flyer Restaurant. Board granted approval and authorized execution of Amendment to Agreement with Stand Up for Animals, Inc. (SUFA) to operate the Big Pine Key and Marathon Animal Shelters for an additional ninety (90) days. Board granted approval to reject bids and re -advertise for Shade Structures for Lower Keys Parks. Board granted approval to reject bids and re -advertise for Park Irrigation Systems for three Lower Keys parks as follows: Bay Point, Big Pine Community, and Bernstein. Board granted approval to reject bids and re -advertise for PIayground Equipment for Lower Keys Parks. Board granted approval to exercise the second renewal option and execute the Contract with U. S. Water Services Corporation for operation and maintenance of the wastewater treatment plant at the Marathon Government Center. Board granted approval and authorized execution of a Lease Agreement with Early Learning Coalition of Miami-Dade/Monroe to provide office space at the Gato Building, 1100 Simonton Street, Key West, FL. Board granted approval and authorized execution of a Lease Agreement with the State of Florida Department of Health, Monroe County Health Department, to provide continued office space at the Gato Building, 1100 Simonton Street, Key West, FL. Board granted approval and authorized execution of a Lease Agreement with the State of Florida Department of Health, Monroe County Health Department, to provide continued office space at the Murray E. Nelson Government and Cultural Center, 102050 Overseas Highway, Key Largo, FL. Board granted approval and authorized execution of an Amendment to the Agreement between Monroe County and Weathertrol Maintenance Corp. for central air conditioning maintenance and repair for Lower Keys facilities. Board granted approval to award bid and execute Contract for unleaded gasoline and diesel fuel to the second lowest bidder Dion Oil Company, LLC. Board granted approval and authorized execution of purchase from AT&T Quote # 321270739 "Schedule for the Purchase of Equipment and/or Services" for telephone equipment and services to upgrade the telephone switching systems in the Marathon Government Center and the Plantation Key Courthouse to a highly available core switch and to upgrade equipment for other smaller sites in Marathon. TOURIST DEVELOPMENT COUNCIL Board granted approval of an Agreement with Monroe Council of the Arts Corporation, d/b/a Florida Keys Council of the Arts to provide funding to supplement costs of tourist related programs. Board granted approval to utilize $500,000 TDC Emergency Contingency Funds to address the impacts of BP oil spill. Board granted Approval to revise TDC Operations Manual "Acceptable Event Marketing Expense" Policy. Board granted Approval of the 2010/2011 Monroe County Tourist Development Council Marketing Plan. Board granted approval of an Amendment to Agreement to revise Exhibit A with Key West Players, Inc. covering the Stage Repair and Rigging Renovation at the Waterfront Playhouse in an amount not to exceed $25,000, DAC I, FY 2010 Capital Resources. I 134 Board granted Approval of an amendment to Agreement with Upper Keys Business Group, Inc. to revise date of event to April 23-June 12, 2010 for the Key Largo Conch Republic Days event. DIVISION OF GROWTH MANAGEMENT Board adopted the following Resolution setting the date, time and place for a public hearing of a proposed abandonment of a portion of State Road 905/County Road 905, Harbor Course Subdivision Section 1, Ocean Reef Plat 13, North Key Largo. RESOLUTION NO.215-2010 Said Resolution is incorporated herein by reference. Board adopted the following Resolution setting the date, time and place for a public hearing of a proposed abandonment of a portion of Cabrera Street, South Creek Village Subdivision, Key Largo. RESOLUTION NO.216-2010 Said Resolution is incorporated herein by reference. Board granted approval of a request for the full refund of $1,778.00 for the road abandonment petition fee for F. Albert Zamacona, 27285 Mariposa Road, Ramrod Key (File No. 28097). f Board granted approval of a partial release of Lease No. 4549, a land management lease between Monroe County and the Board of Trustees of the Internal Improvement Fund of the State of Florida (BOT). Board granted approval of Commencement Date Agreement as part of the lease between Monroe County and Habitat for Humanity of the Middle Keys community Land Trust, Inc. for property located at 1007 75th Street in Marathon (RE#00343090-000000). TAX COLLECTOR Board granted approval of the recap of the 2009 tax roll and the list of errors and insolvencies for the 2009 tax roll, and approval to extend the 2010 tax roll is extended and the bills be mailed prior to completion of Value Adjustment Board Hearings. COMMISSIONERS' ITEMS Board granted approval of Mayor Murphy's item to advertise for the reconsideration of Administrative Relief for Triple J Investments Inc. on Lot 23, Block 3, Ocean Park Village, Key Largo, Real Estate Number 00446010.000000. Board granted approval of Commissioner Carruthers' item to reappoint Steve Torrence to the Monroe County Human Services Advisory Board. N 135 The Board granted approval of the appointment of Dr. Lesley Salinero to the Human Services Advisory Board Working Group. Board granted approval of Commissioner Wigington's reappointment of Alexsandra Leto to Human Services Advisory Board. Board granted approval of the appointed of Josh Mothner to the Human Services Advisory Board (HSAB) Working Committee. COUNTY CLERK P2 Board granted official approval of the BOCC minutes from the Special BOCC meeting held on May 11, 2010 and Regular meeting held on May 19, 2010. P3 Board granted approval of the following Warrants: (105505 - 105608 and 552347 - 5513369) General Fund (001), in the amount of $1,746,106.34; Fine & Forfeiture Fund (101), in the amount of $3,106,363.34; Road and Bridge Fund (102), in the amount of $49,646.90; TDC District Two Penny (115), in the amount of $232,022.91; TDC Admin. & Promo 2 Cent (116), in the amount of $378,989.20; TDC District 1,3 Cent (117), in the amount of $407,454,08; TDC District 2,3 Cent (118), in the amount of $27,634.49; TDC District 3,3 Cent (119), in the amount of $174,801.80; TDC District 4,3 Cent (120), in the amount of $97,449.89; TDC District 5,3 Cent (121), in the amount of $113,912.96; Gov. Fund Type Grants (125), in the amount of $569,642.06; Fire & Amb District 1 L&M Keys (141), in the amount of $217,506.31; Upper Keys Health Care (144), in the amount of $9,546.48; Uninc Svc Dist Parks & Rec (147), in the amount of $48,060.61; Plan, Build, Zoning (148), in the amount of $142,088.37; Municipal Policing (149), in the amount of $460,985.70; 911 Enhancement Fee (150), in the amount of $88,405.30; Duck Key Security (152), in the amount of $3,968.00; Local Housing Assistance (153), in the amount of $309,955.00; Boating Improvement Fund (157), in the amount of $64,644.26; Misc. Special Revenue Fund (158), in the amount of $89,616.54; Environmental Restoration (160), in the amount of $10,540.60; Drug Abuse Trust (164), in the amount of $3,820.59; Building Fund (180), in the amount of $15,022.56; 1 Cent Infra Surtax (304), in the amount of $867.96; Infr Sls Srtx Rev Bds2007 (308), in the amount of $5,113.63; Duck Key Wastewater (311), in the amount of $252,843.64; Card Sound Bridge (401), in the amount of $4,396.00; Marathon Airport (403), in the amount of $19,335.93; Key West Intl. Airport (404), in the amount of $502,823.38; KW AIP Series 2006 Bonds (405), in the amount of $216,745.59; PFC & Oper Restrictions (406), in the amount of $61,035.80; MSD Solid Waste (414), in the amount of $1,684,377.91; Worker's Compensation (501), in the amount of $16,197.77; Group Insurance Fund (502), in the amount of $244,012.72; Risk Management Fund (503), in the amount of $152,664.29; Fleet Management Fund (504), in the amount of $98,921.19; Fire&EMS LOSAP Trust Fund (610), in the amount of $1,635.00. P4 Board granted approval of TDC expenditures for the month of June, 2010: Advertising, in the amount of $914,022.03; Bricks & Mortar/Interlocal Projects, in the amount of $123,174.24; Visitor Information Services, in the amount of $17,956.00; Events, in the amount of $83,550.75; Office Supplies & Oper Costs, in the amount of $23,998.65; Personal Services, a 136 in the amount of $67,135.94; Public Relations, in the amount of $92,212.57; Sales & Marketing, in the amount of $81,170.18; Telephone & Utilities, in the amount of $19,475.56; Travel, in the amount of $9,324.41. Board granted approval to remove surplus equipment from inventory via disposal or advertise for bid. COUNTY ADMINISTRATOR Board granted approval and authorized execution of a Professional Services Agreement between Floridian Partners, LLC under the Exception to the competitive bidding process as set out in Chapter 4B of County Purchasing Policy for consulting services, including lobbying, for a one-year term retroactive to July 19, 2010 through July 18, 2011. COUNTY ATTORNEY Board granted approval to issue a PO for 60 month lease with Xerox for a W5675PT Copier and a Xerox MFP856)DI Multifunction Color Phaser to replace the Xerox WCP3545. Board granted approval of an Assignment and Assumption of Lease No. 3783 to Islamorada, Village of Islands for area known as Anne's Beach. Board granted approval of approval to advertise a Public Hearing to consider adoption of an ordinance amending Monroe County Code, Section 4-46 to provide clarification to allow citations to be issued to persons other than owner(s) or keeper(s) of animals. Motion carried unanimously. The Board of Governors for the Fire and Ambulance District I convened. Present and answering to roll call were Commissioner Heather Carruthers, Mayor Sylvia Murphy, Commissioner Kim Wigington, and City of Layton Councilman Clark Snow. City of Layton Mayor Norman Anderson was absent. James Callahan, Fire Chief discussed the matter. Motion was made by Councilman Snow and seconded by Commissioner Carruthers to adopt the following Resolution of the Board of Governors, Fire and Ambulance District 1 of Monroe County, Florida authorizing payment of $12,375.00 to the Upper Keys Health Care Taxing District in return for use and possession of a Ford Explorer, County ID 1419-5655; and authorization for the Division Director, Monroe 137 County Emergency Services/Fire Rescue to execute all necessary paperwork, including but not limited to, the Monroe County Fixed Asset Transfer Form. Motion carried unanimously. RESOLUTION NO.217-2010 Said Resolution is incorporated herein by reference. There being no further business, the meeting of the Board of Governors for the Fire and Ambulance District I, was adjourned. The Board of County Commissioners meeting reconvened with all Commissioners present. COUNTY ADMINISTRATOR The Board discussed action regarding the proposal submitted to Key Colony Beach for Monroe County Fire Rescue to provide fire and emergency medical services (EMS) to the City of Key Colony Beach in response to their request for said proposal. James Callahan, Fire Chief discussed the matter. The following individuals addressed the Board: Key Colony Beach Commissioners Mary Schmidt and John DeNeale. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Neugent granting approval of the item. Roll call vote was unanimous. Commissioner DiGennaro excused himself from the meeting. MISCELLANEOUS BULK APPROVALS The Board discussed the approval to renew the Airport Liability Insurance with Ace Property Casualty Insurance Company through Arthur J. Gallagher. Teresa Aguiar, Employee Services Director discussed the matter. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Wigington granting approval of the. item. Motion carried unanimously. Commissioner DiGennaro returned to the meeting and took his seat. The Board discussed awarding bid and executing a Contract with Jayne's Cleaning Service for janitorial services at the Key West International Airport, and approval for Jayne's Cleaning Service to commence services beginning August 1, 2010. Peter Horton, Airport Director discussed the matter. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Wigington granting approval of the item. Motion carried unanimously. The Board discussed approval of a revision to the Health Insurance Plan Document as proposed by the Health Benefits Volunteer and Recommendations Team to become effective August 1, 2010. Said document is incorporated herein by reference. The following individual am 138 addressed the Board: Louis LaTorre. Teresa Aguiar, Employee Services Director and Roman Gastesi, County Administrator discussed the matter. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Neugent granting approval of the item. Motion carried unanimously. PROJECT MANAGEMENT Jerry Barnett, Director - Project Management introduced William P. Horn, Architect P.A. who made a presentation on the status and design of the Higgs Beach Park Master PIan. The following individuals addressed the Board: Key West City Commissioner Teri Johnston, representing the City of Key West and Michael Behmke, Chairperson - Friends of Higgs Beach. No official action was taken. MISCELLANEOUS BULK APPROVALS The Board discussed Task Order PW-MAC-001 with MACTEC Engineering and Consulting, Inc. for providing facility asset management products and services to assist Public Works with implementation of an engineering -based, IT -enable facility management program. Dent Pierce, Public Works Director and Bob Stone, Facilities Maintenance Director - MiddIe Keys discussed the matter. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Wigington granting approval of the item. Motion carried unanimously. The Board discussed the award bid to Hammerhead Termite Control for fumigation services at the Monroe County Courthouse, Key West, Florida. Dent Pierce, Public Works Director discussed the matter. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Wigington granting approval and authorizing execution of the contract. Motion carried unanimous. The Board discussed the award bid to Debon Air Mechanical, Inc. for central air conditioning maintenance and repair for County facilities in the lower keys. The following individual addressed the Board: Brandon Dimando, Esq., representing Weathertrol Maintenance Company. John King, Facilities Maintenance Senior Director - Lower Keys and Suzanne Hutton, County Attorney discussed the matter. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Neugent to re -bid the item. Roll call vote was taken with the following results: Commissioner Carruthers No Commissioner DiGennaro Yes Commissioner Neugent Yes Commissioner Wigington No Mayor Murphy Yes Motion carried. Motion was made by Commissioner Carruthers and seconded by Commissioner Wigington extending the current contract with WeathertroI on a month -to -month basis. Motion carried unanimously. M 139 Motion was made by Commissioner DiGennaro and seconded by Commissioner Neugent granting approval of the following two (2) items: Resolution to adopt tentative residential solid waste collection, disposal, and recycling rates for Fiscal Year 2010/11. RESOLUTION NO.218-2010 Said Resolution is incorporated herein by reference. Resolution to adopt tentative solid waste collection, disposal, and recycling rates for commercial waste generators for Fiscal Year 2010/11. RESOLUTION NO.219-2010 Said Resolution is incorporated herein by reference. Motion carried unanimously. STAFF REPORTS Project Management - Jerry Barnett, Director reported to the Board on the status of the Stock Island Fire Station and the transition plan for the Americans Disability Act (ADA). Public Works - Dent Pierce, Director reported to the Board concerning the lack of debris staging sites in the County. COMMISSIONERS' ITEMS The Board discussed Commissioner Carruthers' item regarding the tolling of US 1 as an alternative funding source for County infrastructure projects, including as a possible alternative for meeting our wastewater mandate. After discussion, motion was made Commissioner Carruthers and seconded by Commissioner Neugent directing Staff to investigate and research the practicality and ability to establish a toll on the Monroe County end of the 18 Mile Stretch that would allow us to fund additional infrastructure issues related to sea level rise and meeting our wastewater mandate. Motion carried unanimously. Roman Gastesi, County Administrator and Suzanne Hutton, County Attorney discussed the matter. The following individual addressed the Board: Jackie Harder. COUNTY ADMINISTRATOR Roman Gastesi, County Administrator referred the Board to the written County Divisions' Monthly Activity Report for June, 2010. COUNTY ATTORNEY Suzanne Hutton, County Attorney updated the Board on the following matters: An Opinion was received from the 3rd District Court of Appeals concerning the Carter case where 140 the County was successful; Invoices were sent to municipalities who pledged to pay for the windstorm insurance challenge; Ms. Hutton requested direction from the Board to consider outside counsel as her office has concluded that if there is more than a minimal amount of claim against British Petroleum which needs to be made, the County Attorney's Office probably is not in a position to litigate with BP. Mar. Gastesi indicated that representatives from BP would be meeting with the County and all of the municipalities concerning reimbursement. The Board discussed an Estoppel Certificate regarding the Ground Lease between Monroe County and Overseas Redevelopment Company, LLC and the Revised Sub - Lease Agreement between Overseas Redevelopment Company, LLC and Flagler Village Limited Partnership, Ltd. and Monroe County, FL for an affordable housing project. Suzanne Hutton, County Attorney discussed the matter. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner DiGennaro granting approval and authorizing execution of the Estoppel Certificate. Motion carried unanimously. WASTEWATER ISSUES Liz Wood, Sr. Administrator Wastewater Projects referred the Board to the written Engineering Division Wastewater Projects, June 2010 Status Report - dated July 21, 2010. Ms. Wood also provided an update to an amendment to the Interlocal Agreement for the construction of the collection system portion for the Duck Key Regional Wastewater System scheduled to be brought before the BOCC at the August meeting. The Board discussed approval of a Third Amendment to the June 21, 2006 Interlocal Agreement (ILA) with the Florida Keys Aqueduct Authority (FKAA) for the Big Coppitt Regional Wastewater System revising the County Funding portion to $37,000,000 and immediately appropriating those funds which have been duly approved for the estimated costs of administration, planning and construction of the Big Coppitt Regional Wastewater Project. Liz Wood, Sr. Administrator Wastewater Projects discussed the matter. The following individuals addressed the Board: Ron Miller and Deb Curlee, representing Last Stand. Suzanne Hutton, County Attorney and James Reynolds, Executive Director of Florida Keys Aqueduct Authority also discussed the matter. During discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Wigington requesting that a letter be written to the FKAA, copying the Department of Community Affairs, that the Board of County Commissioners as a body are not happy with their elimination of the Environmental Policy Rule. Roll call vote was unanimous. Motion was then made by Commissioner Carruthers and seconded by Commissioner DiGennaro granting approval and authorizing execution of the Third Amendment to the June 21, 2006 Interlocal Agreement (LA) with the Florida Keys Aqueduct Authority (FAA) for the Big Coppitt Regional Wastewater System. Motion carried unanimously. STAFF REPORTS Growth Management - Mayor Murphy inquired as to the appropriate time when she or the Board could suggest the creation of a Future Land Use Designation for the two (2) items that were withdrawn from the agenda at the owner's request: IN 141 Agenda item T2 concerning a Resolution to transmit to the Florida Department of Community Affairs (DCA) an Amendment to the Monroe County Year 2010 Comprehensive Plan, creating Goal 107, Objective 107.1, and Policy 107.1.1 that establishes a Sub Area Policy for Wisteria Island; and Agenda item T3 concerning a Resolution to transmit to the Florida Department of Community Affairs (DCA) an Amendment to the Monroe County 2010 Comprehensive Plan Future Land Use Map (FLUM) amending the FLUM designation from Undesignated to Mixed Use Commercial (MC) for Wisteria Island. Suzanne Hutton, County Attorney and Christine Hurley, Growth Management Director discussed the matter. After discussion, motion was made by Commissioner Wigington and seconded by Commissioner Neugent that the above matter be designated as Residential Conservation (RCA). After consideration, the motion was withdrawn by the maker with the second accepting. Motion was then made by Commissioner Wigington and seconded by Commissioner DiGennaro requesting that Staff bring back to the Board a designation. Motion carried unanimously. SOUNDING BOARD John November, representing Citizens Not Serfs, addressed the Board in regards to the end of the pilot program in November; the proposed revitalization of Monroe County's image; and pathways towards local policies that are more conducive to Keys homeowners. The Board took no official action. COMMISSIONERS' ITEMS The Board discussed Commissioner DiGennaro's item for a proposed amendment to Monroe County Land Development Code and/or Comprehensive Plan to add additional protection to established height limit by requiring a voter referendum prior to seeking an amendment to allow an increase in height, and direction to legal staff to research the constitutionality and enforceability of a referendum requirement. The following individual addressed the Board: John November, representing Citizens Not Serfs. Christine Hurley and Suzanne Hutton, County Attorney discussed the matter. The item was referred to the Growth Management Director. COUNTY ADM MSTRATOR The Board discussed approval of a Resolution requesting that the Navy utilize the F-14 Aircraft Operation - in affect prior to the F-18 Super Hornet - as the baseline for the upcoming Environmental Impact Statement. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner DiGennaro to adopt the following Resolution, as revised. Motion carried unanimously. RESOLUTION NO.220-2010 Said Resolution is incorporated herein by reference. PUBLIC HEARINGS 142 A Public Hearing was held to consider adoption of a Resolution for a Budget Amendment of Fiscal Year 2010 Affordable Housing Program Fund 100. There was no public input. Motion was made by Commissioner Neugent and seconded by Mayor Murphy to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO.222-2010 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider adoption of an Ordinance amending Section 23- 76, MCC, adding specific language regarding "mobile business first time" for clarification. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner DiGennaro granting approval of Staff Recommendation to adopt the Ordinance. Motion carried unanimously. ORDINANCE NO.024-2010 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider adoption of an Ordinance to amend sections of Chapters 19 and 25 of the Monroe County Code to clarify prohibited uses of County rights -of - way and provide limitations on appeals processes, additional enforcement measures, penalties and increased fees for permits. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner DiGennaro to continue the item to the August 18, 2010 Board of County Commissioner's meeting in Key Largo at 3:00 P.M. Motion carried unanimously. A Public Hearing was held to provide for the repeal of Ordinance No. 011-2010 regarding registration of lobbyists. The Board accepted public input with the following individuals addressing the Board: John November, representing Citizens Not Serfs; Ron Miller and Russell Yagel. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Neugent to table the item to the August 18, 2010 meeting. Motion carried unanimously. COUNTY ATTORNEY The Board discussed a request by Property Owner Rebecca Newman for further reduction of fines in Code Enforcement Case CE09080129. The fines total $42,700.00. Costs total $325.74. Attorney Lee Rohe, representing Rebecca Newman, addressed the Board. Lisa Grainger, Assistant County Attorney discussed the matter. Rebecca Newman Braden, Property Owner also addressed the Board. After discussion, motion was made by Commissioner Wigington and seconded by Commissioner DiGennaro to reduce the fine to $2,500 and include the $325.74 total cost, for a reduction to $2,825. Motion carried unanimously. Suzanne Hutton, County Attorney and Roman Gastesi, County Administrator discussed with the Board their auto allowances in order to have it attributable to the Florida Retirement Systems calculations. After discussion, motion was made by Commissioner DiGennaro and seconded by Mayor Murphy to reform the employee contracts with all of the former County a 143 Administrators and County Attorneys who have had auto allowances - James Roberts, Tom Willi, Randy Ludacer, James Hendrick, and Richard Collins. Motion carried unanimously. PUBLIC HEARING A Public Hearing was held to consider a Resolution to transmit to the Florida Department of Community Affairs an amendment to Policy 101.2.6 of the Monroe County 2010 Comprehensive Plan Future Land Use Element to extend the moratorium of new transient residential unites until December 31, 2011. There was no public input. Motion was made by Commissioner Wigington and seconded by Commissioner Carruthers to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO.221-2010 Said Resolution is incorporated herein by reference. There being no further business, the meeting of the Board of County Commissioners adjourned. Danny L. Kolhage, CIerk and ex-officio Clerk to the Board of County Commissioners Monroe County, Florida Isabel C. DeSantis, Deputy Clerk FM MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: Planning Commission From: Tiffany Stankiewicz, Development Administrawz Through: Townsley Schwab, Sr. Director of Planning & Environmental Resources Date: September 27, 2010 Subject: Residential Dwelling Unit Evaluation Report for Big PineJNo Name Key Subarea Applicants 3 through 44 for Quarter 4, Year 18 Meeting Date: September 8, 2010 continued to September 22, 2010; continued to Ocober 6, 2010 1 This report has been prepared pursuant to Section 138-26 of the Land Development Regulations 2 (LDRs). The proposed residential dwelling unit rankings (Big PineJNo Name Key Subarea) for 3 applicants three (3) through forty-four (44) attached to this report are for the fourth quarter of 4 year eighteen which covers the period April 13, 2010, through July 12, 2010. 5 6 p 8,4CCGROUFORMATI 7 8 The public hearing for the Big PineJNo Name Keys Subarea ROGO allocation and ranking 9 determination was continued by the Planning Commission from September 8, 2010, to let Banks 10 Prevatt present information on behalf of Mr. John Akins regarding flood zone scoring corrections 11 for properties identified by real estate numbers 00310220.000000, 00310240.000000, 12 00310280.000000, 00310260.000000. 13 14 A. HISTORY OF AKINS APPLICATIONS: 15 16 On March 30, 2010, the applicant, John K. Akins, filed an appeal to the Board of County 17 Commissioners about the reduction of ROGO points and the rankings approved by the 18 Planning Commission March 10, 2010 under Resolution 04-10 which affected his four 19 ROGO Applications. The subject parcels and applications are under the ownership of John 20 K. Akins, John W. and Glenda Akins. The appeal is based on the original incorrect scoring 21 of the properties as being in an AE flood zone when the properties are, in fact, in a VE flood 22 zone (-4 points). 23 24 Monroe County Code Section 138-1, Apggls states that an appeal from the decision of the 25 Planning Commission on a ROGO allocation shall be made to the Board of County Page 1 of 8 I Commissioners within 20 days of the Planning Commission's decision. The filing of an 2 appeal does not stay either the action of the Planning Commission or the action of the 3 Planning Director. This appeal of the approved ROGO Rankings by the Planning 4 Commission from March 10, 2010 was filed in a timely manner. However, the actual point 5 reductions and ranking changes occurred in June 10, 2009 by Planning Commission 6 Resolution P23-09. The Code does not specify that the appeal must follow after any specific 7 quarterly ranking. 8 9 Originally staff was prepared to schedule the appeal at the June 2010 Board of County 10 Commissioners meeting. However, prior to the agenda deadline, Mr. Prevatt requested that 11 the matter be heard at the July 21, 2010, Board meeting, which request was granted. On July 12 20, 2010, Lee Rohe, Esquire, requested the appeal be deferred from being presented before 13 the Board of County Commissioners. The applicants decided to defer the appeal in order to 14 first present their objections to the Planning Commission since applicants may offer 15 testimony about their application at any public hearing concerning ROGO in any quarter (Mr. 16 Rohe no longer represents Mr. Akins in this matter). 17 18 Since the scoring correction, the Planning Commission has reviewed and approved 5 19 quarterly rankings reflecting the scoring corrections. Neither the applicant nor authorized 20 agent where present at these public hearings. The last approved quarterly rankings regarding 21 all applicants for Big Pine/No Name Key subarea were on June 9, 2010. 22 23 B. A lications and Locations 24 25 Applications and Locations: 26 27 1) Building Permit Application & ROGO Application: #07100486 28 Legal Description: Lots 21 and 22, Block 1, Doctors Arm Subdivision, Big Pine Key, 29 Monroe County, Florida 30 Real Estate Number: 00310220.000000 31 32 2) Building Permit Application & ROGO Application: #07100479 33 Legal Description: Lot 23 and SLY 26 ft Lot 24, Block 1, Doctors Arm Subdivision, 34 Big Pine Key, Monroe County, Florida 35 Real Estate Number: 00310240.000000 36 37 3) Building Permit Application & ROGO Application: #07100485 38 Legal Description: Lot 27 and NLY 51 ft Lot 26, Block 1, Doctors Arm Subdivision, 39 Big Pine -Key, Monroe County, Florida 40 Real Estate Number: 00310280.000000 41 42 4) Building Permit Application & ROGO Application: #07100483 43 Legal Description: Lot 25 and SLY 17 ft Lot 26, Block 1, Doctors Arm Subdivision, 44 Big Pine Key, Monroe County, Florida 45 Real Estate Number: 00310260.000000 46 Page 2 of 8 9 10 11 13 14 IS 16 17 18 19 20 Owner: John K. Akins, John W. and Glenda Akins Agent: Banks Prevatt Land Use District: Commercial Fishing Special District (CFSD-8) Future Land Use Map (FLUM) Designation: Mixed Use/Commercial Fishing (MCF) ROGO Subarea: Big Pine Key/No Name Key Tie auoJeet rroperues (oanlaea in blue) (2009) White line shows separation of the AE Flood Zone and VE Flood Zone I2097CI328K h the Flood Insurance Rate Map Number C. RELEVANT PRIOR COUNTY ACTIONS The chart below shows a chronology of application submittal dates (Building Department Applications to ROGO Applications), description of flood zone information provided on Building Application Plait submittals, survey submittals showing flood zone information, approximate date of scoring error discovery, scoring error notification to applicants' address of record, Planning Commission Resolutions indicating scoring error corrections. AppHeadon No. 07100496 07100485 07100M 107100479 Real Estate No. 00310220.000000 00310280.000000 00310260.000000 00310240.00NM Building Application Jan. 31, 2007 Jan 31, 2007 ]an. 31, 2007 Jan. 31, 2007 Date As submitted by the Pre Tier System minus i Pre Tier System minus Pre '[ ier System minus Pre Tier Syst= minus applicants the l for AE Flood Zone 6 for VE flood zone 6 for VE flood zone 6 for VE flood zone Building Plans Indicated flood zone deduction Points Survey from Survey indicated Entire property in VE Entire property in VE Entire property in VE Lawrence P. Frank majority of property in zone. zones zone. dated Dec. 4, 2006 AE Zone and a small Indicated ro ion in the VE Hood Page 3 of 8 Rood zone. zone (survey error discovered in 2009 proposed residence in the VEZane). Bulldlug Department Reviewed for AE Zone Reviewed fbr VE zone Reviewed for VE zone Reviewed for VE zone reviewed plans for I construction. construction construction construction AENE Zone construction. Building Department May 30, 2007 June 6, 2007 June 6, 2007 June 6, 2007 forwarded application to Planning to contact applicant to enter ROGO. Date ROGO June 12, 2007 June 12, 2007 June 12, 2007 June 12, 2007 Application submitted --•-- - -^-a •�rri•""vvv r pPlIumuull ImAk" APP11 Z KV[.aV Application ROGO Application scored as if in AE scored as if in AE scored as if in AE scored as if in AE for Quarter that Zone (as indicated by Zone (scored in error) Zone (scored in error) Zone (scored in error) Scoring Error Early April 2009, post Early April 2009, post Early April 2009, post Early April 2009, post discovered Tier System should Tier System should Tier System should Tier System should have indicated have indicated 4 have indicated -4 1 have indicated -4 Date certiRed letter April 27, 2009 sent regarding Date return receipt I May 15, 2009 -rM-,-y 2009 ( April 27, 200q 1 April 27, May 15, 2009 ROGO Rankings Planning Commission Planning Commission Planning Commission Planning Commission Quarter 3 Yr 17 Approved Resolution Approved Resolution Approved Resolution Approved Resolution Indicated scoring P23-09, June 10, 2009 P23-09, June 10, 2009 P23-09, June 10, 2009 M2 09, June 10, 2009 ROGO Rankings 1 Planning Commission Planning Commission Planning Commission Planning Commission Quarter 4 Yr 17 still Approved Resolution Approved Resolution Approved Resolution Approved Resolution referenced the P42-09, Sept 2, 2009 P42-09, Sept. 2, 2009 P42-09, Sept 2, 2009 P42-09, Sept. 2, 2009 scoring correction ROGO Rankings Planning Commission Planning Commission Planning Commission Planning Commission Quarter 1 Yr 18 Approved Resolution Approved Resolution Approved Resolution Approved Resolution continued witb P55-09, Dec. 15, 2009 P55-09, Dec. 15, 2009 P55-09, Dec. 15, 2009 P55-09, Dec. 15, 2009 correct polnts ROGO Rankings Planning Commission Planning Commission Planning Commission Planning Commission Quarter 2 Yr 18 Approved Resolution Approved Resolution Approved Resolution Approved Resolution continued wltb PO4-10, March 10, PO4-10, March 10, PO4-10, March 10, PO4-10, March 10, correct points 2010 2010 2010 2010 ROGO Rankings Planning Commission Planning Commission Planning Commission Planning Commission Quarter 3 Yr 18 Approved Resolution Approved Resolution Approved Resolution Approved Resolution continued witb P 10-10, June 9, 2010 P 10-10, June 9, 2010 P 10-10, June 9, 2010 P 10-10, June 9, 2010 correct points ROGO- Rankings Planning Commission Planning Commission Planning Commission Planning Commission Quarter 4 Yr 18 continued the review continued the review continued the review continued the review continued with of Big PindNo Name of Big Pine/No Name of Big Pine/No Name of Big PindNo Name correct points Key Sub&= to Key Subarea to Key Subarea to Key Subarea to September 22, 2010. September 22, 2010. September 22, 2010. September 22, 2010. Resolution 24-10 Resolution 24-10 Resolution 24-10 Resolution 24-10 approved allocations approved allocations approved allocations approved allocations for applicants 1-2 and for applicants 1-2 and for applicants 1-2 and for applicants 1-2 and continued applications continued applications continued applications continued applications 3 - 44 to October 6, 3 - 44 to October 6, 3 - 44 to October 6, 3 - 44 to October 6, 2010. 2010. 2010. 2010, Page 4 of tE 1 2 The above chart shows the pertinent information from the initial submittal of the four 3 applications to the Building Department. Three applications contained information on the 4 building plans and surveys showing the properties located in the VE flood zone, while one 5 set of building plans and the survey incorrectly showed the property located in the AE Hood 6 Zone. When the Applicants subsequently entered ROGO in June 2007, staff incorrectly 7 scored the applications without a VE flood zone deduction of four points pursuant to tier 8 ordinance criteria. The errors were discovered when staff researched the applications based 9 on information from another applicant, received by the Planning Department regarding point 10 deductions for the VE flood zone. One of the four applications was scored in error based on 11 an incorrect survey, which was discovered by staff after examining the Flood Insurance Rate 12 Map (see map in the Section B above which shows the property boundaries and VE and AE 13 Hood Zone line). 14 15 On April 27, 2009, the Applicants were sent a certified letter to the address of record 16 regarding the scoring error. A signed certified receipt dated May 15, 2009 was returned to 17 the Planning Department. Subsequently, the scoring corrections for these applications were 18 identified on the approved ROGO rankings, which are available in the Planning Department 19 and on the County web site. From the information in the foregoing chart the rankings were 20 adjusted and maintained at five quarterly Planning Commission meetings and the applicants 21 did not appear before the Planning Commission, 22 23 D. REVIEW OF APPLICATION: 24 25 Mr. Akins is questioning the reduction of the ROGO points on the four applications stated 26 above. However, the actual VE flood zone point change occurred when the Planning 27 Commission approved quarterly rankings on June 10, 2009 (see Resolution P23-09). 28 29 In April of 2009 the Planning & Environmental Resources Director reviewed the 30 documentation (files, flood zone maps, surveys, plans, etc.) to determine if a scoring error 31 occurred by staff regarding the flood zone points. After the review, the Director determined 32 that scoring errors occurred on the four applications. Therefore, the applicants were sent a 33 certified letter (Certified Mail Return Receipt 7006 2150 0001 0488 1131) dated April 27, 34 2009 regarding the flood zone scoring error, which was signed for on May 15, 2009. The 35 applicants were notified as soon as the error was discovered 36 37 The Department was compelled to correct the error, in order to preserve the rights of other 38 applicants in the_ROGO rankings. The rankings of the applicants' properties moved down 39 approximately 18 places. The rankings prior to the corrections showed the applicants 40 ranked 22, 23, 24, & 25 and the neat rankings with the corrections showed them at 40, 41 41, 42, & 43. 42 43 Mr. Banks Prevatt came into the Planning Department in November of 2009, requesting 44 information about these properties, which was prior to being an agent on the ROGO 45 applications. He later asked for information about an appeal. Appeal information was 46 provided. On March 18, 2010, agent authorization was submitted. Page 5 of 8 p. 1 2 The properties are located in the Big Pine/No Name Key ROGO Subarea. This subarea is 3 limited to 8 market rate allocations per year, allowing for 2 allocations per quarter, provided 4 there is enough mitigation to cover the H value used for allocations. In the quarterly 5 rankings approved by the Planning Commission March 10, 2010, the two applicants who 6 received allocation awards each had 20 points and the subject applications of this appeal each 7 had 8 points. On June 9, 2010 the Planning Commission reviewed and approved another 8 quarterly ranking on Big PineJNo Name Key Subarea, which reflected the applicants V zone 9 scoring. 10 11 It should be noted that these applications will be eligible for Administrative Relief after the 12 quarter closure of July 2011. From the closure of the 16`h quarter, after the ROGO 13 application was made, the applicant will have 180 days to submit four Administrative Relief 14 Applications. 15 16 There is an alternate avenue available for the applicants to investigate regarding the VE flood 17 zone designation. Property owners may seek a Letter of Map Revision (LOMR) requesting a 18 revision showing their property is located in a different flood zone, There has been a 19 property in Doctors Arras that recently obtained a LOMR. The applicants may contact Diane 20 Bair, Special Projects/Floodplain Administrator for additional information regarding this 21 process. 22 23 As an aside, the applicants should contact the surveyor regarding the need for a corrected 24 survey and also, should contact the Monroe County Building Department regarding any 25 building plan corrections that may be required for the property identified with real estate 26 number 00310220.000000. 27 28 Staff concludes the scoring was correctly adjusted to reflect the VE flood point deduction. 29 However, if new evidence is submitted to show the properties are in the AE flood zone and 30 no portion of the structure is located in the VE flood zone, then the points could be positively 31 adjusted accordingly. 32 33 IIJ FACTORS FOR THE PLAlYNING COMMISSION TO CONSIDER,: 34 35 Monroe County Code Section 138-26 (c)(3): The basis for any planning commission changes in 36 the scoring or ranking of market rate applications shall be specified in the form of a motion to 37 adopt the allocation rankings and may include the following: 38 39 a. An error in the designation of the applicable subarea. 40 b. A mistake in the calculation of dedicated or aggregated lots/land. 41 C. A mistake in assignment of the tier map designation in the 42 application. Such a mistake in reading the tier designation in 43 applying points for the application, any change to the tier malt 44 must go through the procedures for amendment of the tier map. 45 d. Any other administrative error or omission that may cause the 46 application to be incorrectly scored. Page 6 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 337 g 9 40 41 42 A review of the Akins applications showed a scoring error was made by staff. Subsequently, staff corrected the scoring to maintain the integrity of the ROGO scoring system. The code allows the Planning Commission to adjust a score if the change is to correctly adjust the score. The applicants' ROGO scores are correct; therefore, the scores cannot be adjusted to reflect incorrect information or an inaccuracy in applications or errors by staff to raise an applicant's score at the expense of others in the ROGO competition. It is the Planning Commissions obligation to correct an error or an omission that may cause an incorrect score. M AALLOCAUMFACTO FOR B GPINEINO NAME KEYSU, AM, A. Pursuant to Section 138-24 the number of annual allocations available is 197. B. Section 138-24(c) allows any unused portion of affordable housing allocations to be retained and rolled over into the next dwelling unit allocation year. C. Section 138-24(a)(4) allows the Planning Commission to amend the affordable housing proportions during any ROGO quarter. D. Section 138-27(g) limits administrative relief allocations per quarter. The number of allocations that may be awarded under administrative relief in any subarea quarter shall be no more than fifty percent (50%) of the total available market rate allocations. E. Section 138-24(ax6) limits on the number of allocation awards in Tier I. The annual number of allocation awards in Tier I shall be limited to no more than three (3) in the Upper Keys and no more than three (3) in the Lower Keys. Big Pine/No Name Key is limited to ten (10) allocations over a twenty year period or H =.022 whichever is lower. Below is a table tracking the Tier l allocations by quarter/year. Nq gsIsnd)Permit Number Subarea Big Pine: Begin Dm 27, 2M (Ordimnee 029-M4) Iler Allocation typt after year L- Big Pine 0 1102303 Adm. Relief Q2Y 16 Big Pine 197101361 Market Rate Q I Y 17 F. Monroe County Code Section 138-25(fl Expiration of allocation award: Except as provided for in this division, an allocation award shall expire when its corresponding building permit is not picked up after sixty (60) days of notification by certified mail of the award or, after issuance of the building permit. G. Monroe County Section 138-24 allows a total of 8 market rate allocations per year for the Big Pine/No Name Key Subarea. H. Monroe County Code Section 138-26 allows the adjustment of residential ROGO allocations at the end of each quarterly allocation period of additions or subtractions to the basic allocation available by subarea such as the number of dwelling unit allocation awards that expired prior to the issuance of a corresponding building permit. Page 7 of 8 a I i I" EVALUATIONAND RANKING: 4 The evaluation of the allocation applications was performed by the Planning & Environmental 5 Resources Department. Positive and negative points were granted in compliance with the 6 evaluation criteria contained in Section 138-28 of the LDRs for the Big Pine) No Name Key Sub- 7 areas. 8 9 If applications received identical scores, they were first ranked by date and time and further 10 ranked based on the applicants with the fewest negative number of points on the same day. 11 Please note that any excess allocations approved must be deducted from the next quarterly 12 allocation period pursuant to Monroe County Code Section 138-26(e). 13 }4 N . 16 Staff recommends the Planning Commission approve the Market Rate rankings to applicants 17 ranked 3 through 44 for Quarter 4 Year 18. Applicants ranked 1 through 2 were previously 18 approved by the Planning Commission Resolution 24-10 on September 22, 2010. 19 20 Page 8 of 8 '}�� iEIIiS$}�5'.1YEiY�F1Yg'�j9C"r'��ffiSS{3'3$'o's'veaiwN�'e�eP.�ss.yN+ 11 HIM �� cc P 8��1FNOm�Y1 V�R � �if4 Rcc r R0 L,vvt FFFF��FFFFFFFFFFFFF�FF�FFFFFFFFFFFFFFFFFFFFF WPM S$S��SSS$BSSSSSS€��F��F�gSSSSSBSSSSSlS PA �C 9pP t .�gs�.NubY$bpa�s.�a-Nb=.qa-' w . � obN.t�paa'�iiPOaa' P q sa j, a +-+NNppppNNNNpNN+++----------pNNNNNNNNNNNMN 0000000000000000e00000000000000000000000000 00000000000000000 ee00000e0000000000000000000 0000000000000000000000000000000000000000000 oil[ ' o 000eeee00000eeeeooeeee000eee00000ee00000eeo Offs �� R Oy000000000000000000000000000000000000000000 y �y` ya 6R 0000000000000000000000000000000000000000000 p)R P O OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOeO �10 N � rt1 00000000000000000000000000000000000000000000 A 00000000000000000000000000000000000000000000 .�� o:oollli;ooeeeee0000eeee000eee00000eeoe000ee i �� O ...yybPy00+ NNNN ................... - �eeeP0000��e000e s'Xsss:e s'sa�s7.oeeeeooeeeeeoo N�S OY..aaaaa00 �+glllpbNN INN Ki Ki �u Nr{i Mla �ybbbYa�uu� ��... m x91 �� =gaaassausxns�gssaat s�xsa�slOCVePr: Yltl�Gd.V.P.YN: r �r 11 min 22 NIX it aredr�§ �"'•P�mo4ggPeP�r � r r r N N N N M N g N p r r r r r r r r r r r r r» N g N N N» N N N p N p N N N p p 00000000000000000000000000000000000000000000 00000000000000000000000000000000000000000000 wag 00000000000000000000000000000000000000000000 app e 0000eeeeea000eeeea000eeeee00000aeeaooeeeeeo sy�� e ree000eeee000000eee00000eeee00000aeaooaeeee p2& Y R iF o ooeeeaa000eeeeae0000eeee000.eeee000eeeaa000 �� eeaQ000eeeaeaoaooeeeae000e-eeae 000..eoa ooe�ee 1a N 0000000000000000000000000000000000000000000 00000000000000000000000000000000000000000000 .�� e Jeol000ee0000000eee0000ea 000eee00000eee �� ................. P Y p Y Y Y Y N ...... �0000��0000��.00ss�pp�o000000000000000000 /�kyi N P q. ••OO rrpNNNN ggpNNN IONNN�Y �IY wr. V(.YY4f�i 4Y�!!! i /untY o:Monroe **..: 1 ! 1 11 1 F 1 li 1 Sufts#410 f F f.j (30)289-2536 Fn M D MAM 7OW21 50OWI 1' April 1 1 John 1 • 1 107 Firsta = KCYLaW,FL33037 4• APPlicatiOns1 1 1 :, 1 1 1 1 f 1 1 07100483 t Dear Mr. Akins: The (.. f ' Environmental RewurcesDqmrtment has found a s1 �� t 71 • Ot• .., It :11; 07100486, 1 114, 0:, 1�. 07100483- 1 propose. development in 1 . dme applications located 1:: theflood a zone. I1 POW 1assignment `I 111 l :�4 for 1 , :I located givenIf /:have any ques "Oease COntactInc at1 7 Sr. Planning Tecl. cc: Townsley Schwab, Planning & Environmental Resources Director G or a I 7006 2150 0001.0488 1131 LV H L3 aT FAR Up. F. MA F4A PAU P C. PlOAL S LAwRENCE P. FRA-.K SURVEYORS ® ENGINEERS ® LAND PLANNERS 832M OVIMSI:AS HIGHWAY. ISLAMORADA. FL 33036 Phare (M5) 66+4-0784 FAX (3W) 684_0818 " WASM N immumm &or= COMMIM I A!®NALT YAitCHam? �h M ®OYi I I JOB ,4.mE dwdr _ Afff�"I N WA,L ,•..w , I LEM Discognm I .L7' Y�CK Lo" ii '�OFh ARM �W ad AS t MAT Dow & PAQ6 141 w. Mama OF cvzmrAnw a 40 MLOALM PER IM WJWM �� COLOPANY EXCEPT As i119M11. ARC 1tCW OR 11� 111[E - RAVE SM L Rp OR Sid HM 1L. V AMA* MOMW IM PAMM no 102kLRSL . OQ. RMOOR aq RLV+IOA2 no ® � M SQALfp FU1Y PA R!a 1320 I� EFfEC711E OY178 ' M A 59M1AS _SMMDARY MAP. CENUM FOR OMMomy vjffay ROE. RANK I Key CER IV V WT Do saw NS AS SET FOR7W R1 BOARD &TED OF A< SURVIMM AN C �7-0. AM% AfPWALT f*r P" test 1214AN E1tV t.AWMMM P. FRANK FlL I0Wq MDT VAW LamSf� gmt •®NM sigllA i RMYLAM l! 1 .+ - RAM IUBMMM +1 POM _ GROW 1 HPWAT +i POM - VOID LOAD KQW 175 WON PER AS: E 7-92 +1 POM ULTRA WW VQUAM PUAdM FWUM 1.e 4K _P-M - 2-D W" FMJaM ZD GM +1 POM - SM >12 +1 POM _ SODONDW WATER SGUM $1SDD Q4uj" OMMU +1 PWM - WAT AMMM AC - MMMTK +1 POM _ VMW FU M DAVrATbM BY 15 IN040 -II POM - AE ZW TOTAL s 10 POM Ism UM AM UD 3W Pm CMKWM sm tE► MNFOMW WM 1/Y 9M pUAWg TMM BY FLONDA F= AM TAM 10 K IM 7.e0 MMMRErA9 sr L D e° PVC WAMM LOM AND Mg 1GLMEIR MUM IAVMN C P. SURVEYORS ® ENONEERS + LAND PLANNERS 83266 OVERSEAS HIGHWAY. ISLAMORADA. FL 33038 Phons (305) 664-0764 FAX (305) 664-0816 A NVAXW a %Uft TM COUM TOe CAkW E AEON$ Joe No kosm C e sr w/ me TM 21 e 1n00' (7 tW ffav i 12 1 "/ OJX A 1 . q a 'lite u�apLm � 181.0i r (P) ur d a per R/f(P) to.TO onum* (P s1•somm -- FlA� 1+� Y 5&W (M. TO NE) i tsar* wfAa ffff i AVIV � _•® _•® _•® _•® _•® �`LOT 27 AN lib AmY 69.SOr LOT �, NORrrMX �O TO TIC PLAT Tom' AS PUBLICN RAT $ PAM t4s OF SCAM 1*-W Mni4 AN 71� Y 17 OF LOTa ffi= BL019C 1 AV& TO THE PLAT Awl AS MDDORDND N PLAT BOOK$ -� YA 141 PLC of SURVEYOR'S NOTES: C09M7 A14M or RA s. All FOUND NAYS NO NUMM 4ENGNAIND 00 COMPANY E=q AS Ste. 2 ALL AND DrfiMM AM 4. r oftipa mis OP TM EA13 1% UGUTIES NAB � OR L 84VAIM M Y.a 19M K" . as fl,aa7p iau. aFV.sa42 LL eAos' LOT ANC . ND N FROM FLAT. s MIS TO OtfY THAT r NAVE Tim THE 001lMUlOx No 12s129. PANEL Rb s3S0 x A GA 8 AND T FIEREp! 10 BE DiWM MAP, t yNTN A SASE F1fl1A ss 81 S L ABBREIAA710N LE6END CORYM FOR SOLMOARY NNtVEY FAR FOLW NON ROD, 1E0 S£C SECTION UPI 5!T lRgl UP. 1 COMY 7NAT TM ZVRVKY MELTS THE F.I.P. F ' ROE. RAN04 As UT F0" BY T►9 FLEA F.M.D. MUD NA;. AND &". SET MAL AND OtSIG P 1.! 111 PLAT F.C.M FAAO® 7F.RAWP.L& WrATUUIRL W --a. APMOMMINg COOL P.R1t � P.C.P. T PgNT P.1 PONT P.C. PpMT CURVE ASPFL ADMALT for RP.OAL PONT OF PVMT. PAVEMUff LA P. fall OATO Y0/d/oB TVMX l -wAv an. U.Mim NOT YAaAt W"= SEALED - - oi-V - �aWil;' 1 � 1 1 e- s: t � Y •' R'"•� '€ a !: - ■ R! `.YFT a•, 5 4Nb �., 3 ' :-I .1 .•Il. F il' A� � � _ 1 • 1AWRENCE P. . SURVEYORS • ENGINEERS • LAND PLANNERS OVERSEAS HIGHWAY. ISLAMORADA. FL MOM Phase (305) 664-0764 FAX (3M) 664—Oe16 A OWN d MMW= FAN= OMMyM MWM TM CROAM AMS UDUL Descabuft ALL OF Est 25 AND Ti4E MOROMY J*W LOT 24 AND 111E SWUMLY 17.od W LOT M MM 1. PMOMWO TO Tip PLAT W. AS IN PUT A PAgg 141 a 114E P4MC FLOMM majlZTTO AN W OM 12 Y W OF LOTS 23 & 2 1, Docion A�4 Iwo Awl ICL (P).100 40 �8 ,b 1, lolow s 4M A ir Awl T— — — — — — — — — — — i Awl 13&W (M. TO UNE) ULM' OL To V MCM -lf- 14.746 SM FT. / O S I' a AcRE1 r�ArAr f i°Awl ! lop B O d f & CA0.0 ael MAL 6 OC6 i6aiag no d Na1Jz6 K iE DA a AMO ' FIR Pow fm AOO` m Momm UT FLP. 1 To m PAW FAA 4 MAIL AM :!f W F SET RM AMW K. PA.& t P<AT PRY P.C.P POOR C. Pi POW OF cov. Comm PA P=T aAUK®„"Mm PWr T 7�T��Ij�Pp�„ nw-w-VAY SP"AM a".� KEI a g)v R0P +1PON TS(S - PLA7Tki! SUBDIVISION +1 PpltM - GROUP i HABITAT +2 POINTS - WND LOAD RATING 176 JAPH PER ASCB 7-02 +1 PONTS ULTRA LOW VOLUME PLUMem FMF" 1.0 GAL / _FLUSH TOILETS. 2A WM FAUCETS, 2.5 GPM . +1 POINTS -SEER RATING s12 +1 POM - SECONOW WATER SOURCE 2.300 BNAM CffrM ♦'4 +1 POINTS - HEAT RECOIJEItY AC - ALTEpdy1 M ELECTRjCTIY f +1 POm -EXCEED FLOW ELEVATION BT 13 INCHES v° —6 POINTS — VE ZONE TOTAL : 12 POKM Jl' .fIL.il''- r _ , 2i;'. .� TAW AND W 3500 Pa crox-j w 'LAWRENCE P. Yj . SURVEYORS ENGINEERS •LAND PLANNERS 83268 OVERSEAS H IWAY. ISLAMORADA. FL 33038 PhOnO (305) 664--0764 FAX (3O8) 684--D8ia CMM TM CANVACE AXM ma mom w TAT 23 and TM SOUMMY gLW OF EOT 24 lNAf7d 1. s� A= F10RI0 ,41 w 7w 7t 1 _ TO AM j p� Y 1 OF WM 23 ! 24. BFAGIt . A TTW t I p sum 1"..W / j Ta04' cp �f ,r I Me a M somm Ti X (M. TO SHO cs art 14o6Qp ft FT. / Q.3V ACMM � ; $+� 1 1 1 �� mean e '� ` I� Ila• t M. TOwriumx .,R 238. OL TO MKLWO .► VIM MMY7 AV" 40 po —414 su�vEraR•s Ei0TE3e 1. AIL OW&M FOUND HAVE NO MAWR TM � CANT E)CEPT As &O t,. z ALL AND oasrAMc�s Ate PER PLAY W&CIS OOMMK ETrTs a R[Collp IT C CA1 QR uTa1T�5 HAti BE�1 QA� as VWM UNLM 01HOMM NuM T As > WAY AFIp/ge THS ammm a B` � aAn>re MA.Y.O. ,raa Msl . aq FLHa10 E:tle•,aa2 bar ANCArLY . RT9lfl�0aF, ebRA, K�BLEn P1JeT. 0. TTMs IS TO CtERT�Y THAT 1 MAK ooMA,uFL T7a Ha�T1392q AAIVEL Na,328 TI. EFFECTED GATE B AHp THE E liA2AA0 WAP• iO Nd ZOf9FS AE de VE IN1H A A ON$ OF 11Y d; 11• M.&L A ATTON 1% CUMM F amly FJR FOUND 00M ROQ, 3M 1W TTED � EiECROAF FAR FOUND M FIF__Ifl' Pis ME ilk. TTBYMP 1 CFJMY THAT 7M > Y EEE7s TTIE FAR FgNq N AL AND NpICAIED RM ammE � ST At SET FQRTH 8Y THE FiMA fk1A FQ.Rni HAL APQT a194 F,CJL FOUND AND W M P NI /4a9® LaMTED CNAPM d1 -d. A� N 7 �� P". PONT P.E PONY OF N7ERmmTm WV. OaVEENED P.C. PM I OF CURVE ASP16 Ag%&t wo avY 12/4/Oe It/w mw OF PVMt PAVE LAMP. FRANK A1.S R/V IT WAY ELEV. FICVAACN EBB BATE la/Q/ft 7YP, 77PIiAi MOT VAUQ UMUETR f(ALEV i -- r I ' P'® P i P_ r, vl I I IN I } I t i I TAU r I I f 11 �1 2 B ';' Ira r ' ! R' •. • • i i ''i' ►i rr u- i :::Mr1 r nut i:'. II • IUf:-{ f. -,ay 1 r. [' uu (i .1 ;. 1- 11 C.1 1 al '1 r 1 ..: 1. a •�1❑ r' 1. 1 r: a l l :11.'r / (. . a 1 1 June009pumomt :o the proceduras Outlined n Monroe County cog* Il s:nr.r. ti _ 0ir 1 and MonroeWHEREAS, the Comty pmnmng QNmm=OU m6cdng held on June 10, 200, a public hming to review, . fOrmd motlem regarding the Dwdlmg Umt Allocatm Raming` � :!' it _ :Ifli 1 u lu 1 • { _ _ .,I _I Ir 1 • 1 Al , .'1 r I _'1 _ f/ .ya 1 :11 a''....0 .�l E,:1 .a =:�1 1 -,I 1 � ;: ! ,�: '. 1 _N r 1 ' • 1.= (' -ti • 1 1 r, . 7 11 1 # atl .il r 11 r Ir{if .: r � a : ru _ hi • 1 . f 11 1 -•r I A 1 Ir 1 'i: r ::F :11 1' ka r •• :1 1 1 1.. 11 11711{ :•.s 1'I ..1 • 1'lf 1-.: sworn 3UIr:1 a 1 1` the "1 I a County Growth ,U _ 11 a[': rr alr tdX .11 {: f - ::1411 1 1 11111 '•.I • 1 1: - {= • 1 ':. 11 ' � la: f { '1. :� 1. d upon the 1. e:., 7. 1 r 1Schwab, Director of Planning • t . 11I1. _. 1::. Rmurce% the f it 1 •. • fl€� as 1 1. 1 .. .,/ the by the Sr. r r • 7 Planning E1 • r.. 11 dl 1;: � 1 { approves 1 '1 al Ta at rr; Rankings'' r MmW _ in dw Lower y� subarea 1 through e11 a a1 • 1 2. Baud upon I 11 - written WdmMy 1 TownsleySchwab, .r. D..1 V11.;_ 1 ' : YJII 1 _. 1 1.:1r1111 •fll y.Resmaces,e r 11 Commission herebyapprovesthe\7 II: 1 -•1 1 ::II \ 1 1 11 - Director 1 Planning E1 RSli11 nl 1. .-;s...� 1 4... 1 •1 n Allocation Rankings 1 the ft 1d:- 7 Nam Fpy 1 ;1: for Market _ Dwelling _ Units t1 :If 1 4.1! I; :11 e1 1F1, through 1 and V. Based uponthewritten testimony of / A 1:Schwab, Sr.Directorof lIII11 " BwAmmnentd -.:.:1 Ir v thePlanning 1:mmm{f111 i I / -eby approvesI1, I.1 14111 -11 I 1 1 1 by 1.- 1 -Yf7..: APlanning • 1 1...1 Ir11 .•111. Resourm :7 8.f 1. Unib to applicants .14.:. �1 one Ill: '!I fifteen and _:. Based upon 1 R 1 the :! written testimony Townaley Schwab, 1 ' a y: { - V11 of . Manning .`.. E1dronmental RmounxMlPlanning Commission hereby apXoves.li.r III I:I -'1 1 .1l ♦ I 1 1.- Director 1 .A:/I31 1 ' .:. EMironmentalR-•;•/:. i m to .1 1... Allocation ::.R .1{1 'F.. 1 610Upper Xeys(Administrative' Rate Dwelling :.... � 1 ': Units 11 applicants ranked 7.r1: 11:1: / ! •3 1:1 �..{ and .. S'l Based uPon dha writtenteStiIDOnY /: Townsley Schwab,Director of Planning Environmental 1n 11 •'1 f 4 �8 :1: I Y.k 11 Planning 1 11111 ;t 1: 1 hereby approves I' / ll. -\\ Iil1l:-,I I y:1: 1 ! 1:1 _ 1 _ V11. 1 .1.17/ I 1 I....I.1i 111 - .-; Too. ' gmt ! :Allocation :. f • 1 _ for theLower a31 • Upper •.., subarea I: JI1' a very / low, median incomecategoryIrAffordableHousing Dwelling Units;and 1Based Upon 7 I the wdttm testimony :1: Townsley Schwab,Dk:. M 1 ofPlsinning Environmental Resources, il. : Planning Cotnefission hereby I qWvas/1 -Y111111 /:.fir 1.1 I 1.1 by *a Sr./::.1 nR+ 1:' of .111:1 1 •Environmental 11:[ \ n; to Smut zero : Allocation Rankings; for 11, Lower 1.1 Upper Ia the I 1.1,.. income cubwry for Affordable Housing Dwdft Unitg; and • .11 4'.1 i1 1 1 11 ' f-:1 W f.71R41.1 / 1 1. 1 I: v 1 I 1 V 11 1. : I1111.l ' �..:1 ! {Il y:l nl /.: �./.:1 ► 11 - 1 11 4 • { 11. 11 ::1 1.1 1 11 II +•1 1 :11 1 R! 1 J. M.M. ♦ I 'J: / I tln• 1 ,111 --mu. 1! - :it 0 1147*1 6T.Ir Based8. {I:1 1 the wrilftentestimay /.:.. TownsleySchwab, IDirector/o. Enviromnental ti 1 :r. Y_-... il. :.i I11 I ': i 1:1:.1! 1:1. hereby ;11: I 1 the .: YI 11 11 -:n :li 1 :1: 1 1! Director f1: .111:1 ! 1 / 1. 11 Ili.:Resources n zero Allocation /1 1 :':1: ♦11 1 _ 1 F, { Il f _ Mnt - 1 the 117 l - .1 f. incomecategory 11:... for AffordableHoudag Dwelling Units; 1:,:1. NOW ,ILI RESOLVED O r'E: I 1 +t :� 1 cg• ' 11 U ,t , f Fact and Conclusions 4 Law, smpport rt- decision to APPROVE the m1-titDwelling Unit tnk 1 'l for Q'.i .I t.r 1d Ralt L -1 by the 1 '. «If of Planning 1 r.'. I t 1 u.. r lResources. ;I! 1' 1 r i 1 r el attl� 1 mI 11 as a a 1 1 4. 6 t y i t t' i a t rt, I. e r /tr . r a /-1 a fti ' �-i r k'f N fillix� ►tr�rtrtEII ft+�111'tj,1rj1��B�tt � ii��I�ttIIII�I�fI��1°e� Bill 111111111111115 III all I a�Fi�ai�s ��ss s "of's ��i�tt�a�laa8 Hraa�� try t t tr�arr fill r�r�rarr� r rfillr I It Nair . �ttttrtYttills p Ni Ord M� rwdS r.Yrr»�r Hot nag »rrrrYrYYY ry»yry»rrryy"YYY r'rrrr'r ro'rrrYYYrYYOYm �OOdddddddg®Oo0000o000oOgSgdddddSSdddddddddddg �O OOg0o0000OO��gaS��S�Sg00o0oomO0oo0060 0000000 •; .�' #06000006o0000mo00o00000000g00oo00oog0000m0000 g 000000000000000000000oo@OOOOOOOOOo000000000006 �OOOmOo000000o060g6600000mO00000000Y0000000000 (y o p� POO 000000000000000000000000000000m060000060000 0QYQ F Io600oo000oo6000000000606000000000006600000Go6 00660000o0000000600000000000000000000000000000 pJ I �00000006600060000000660060060000000000000000o 004444 a600000000000o00000000000000loo00000000 gg S� YY»»rrY00o0PPP66op-pp0-yrrrYgYYYYY06(/YYYYMYPO 000000all* Sag 'gpdsauatogge 000000000s00�0l000000001 7� 1 yi Y YrrrrOgdaaddB�ddYdddBd��yyq;q��dddd883d$�Sd A I i a 431 •1 1 I ' 'CON,•, fM AA :i` 11 . • r a �' .lul lr • :1' a 1 r�-11 1. 11 -. : :. ulI I1. r nrfa :•;I r 3. _.. 1; �rrr : ': • ,• - � ti 1/1'.. . r:.i \ 1 1: lit" • rl : :Ti 1♦ 11 r ♦ Y..:• I1 i 11 1 11 1 :: OM` W91 1\ Commission 1 11 1 • '. _ • 1 in publk meeting • -.:1 \11 Scptmba 2009, cOn&uftd1 hewing 1to!I pub lie ike ♦ 111 :. motionsregerding the / _ r :1/1 - I i:: a \ / R:II c I -n. 1. 1 thefollowing 1 .11 r 1. no memorandum :added Residential Dwellin unit 4 of -•:1 17, 1 II:I: I.:'..1l:Schwab, .Mrs: /• valuation Repork r planning 11 11: E1 I r 1l:11 + 111 e:s\ 1 4{.-; U 11: Monroe _ County Planning II 11 1 \ uI1F.1 r•I dated .1 00' and n / 1repores finditkp of &ct and r r r I if l f 1 .. f:lawa l iU 111 r1 doI adopts l 1. 1 ti • fitsown; and 2. 'Me sworn testimony 1 the1 II 1 sCowty / •rlll a. :1L1. .,IL .�I:I ),^; 1 I �. -1r f: .11lil nt 1 / 111 I a :ll..l. WHERZAA the pig Commission makes 60 fDHOWing Figs of Fa t Based upon the written 11\:i \l\ of f ' 1..l: ..i... / Ilf].-..1Resources,11 : Illi ': 1 1#.m :?I fllapproves_ •:. I - -�r the ..MI 11 II .:.:f:,l :Ir 1 is 1 the • h f 1: planaing • i I I llrr ..1 r Allocation s1 1yY .. 1♦ 'J .II ankin - 'J: :1 1 - ► ^ 1 -I:1 I r , subam or Marimt Rae Dwelling Units toapplicantsranked one f11 \ 1 '11. �1 f -: 1 11 Resolution . . 1 Pap I of 3 NOW THEREFORE MONROE COUNTY, FLORIDA, that the preceding Findings of Fad and Conchnicons ofLaw, supportthededmon to PP ROVE the Residential Dwclhng Unit AUocadon Environmental t I 1 ► s PASSED AND ADOPTED by the Pls=wg Comnussion of Momoe COMW, I:qoridg, Market at a 1. 4 Sib Chairman Wall L XK Commigsioner Werling ( 30 rmmigsioner Hak Lam_ ya commissioner it r Ln ya � f r; a L^. LowerAffoulable Housing - Chabman Wall Commissioner L_, L: Commissioner 0 C: Commission Commissioner Lwtberga plaming cogwmasion of 0 •� `+1 #r t # 1 i. 1 P42-09 Paget lfftffff�,, INNHWIM -11., �sssssss��aa��sssssss�sssssssssssss F11101111111iff f 11INKsi3iixixxxx kIlk IM 11®N® Ik �o tt+wr:r•r®rNYgawoggYgoNo�ffia�g9i&�ag*®rI' y a N N N N N N Y N r r r r r r r r r r r r r Y N N N 88S�ogo7S0000000000000Qgg000Sg'O'800gg000gg�� 00000000d�g�®o��QQg��0000000000000a0000000 00000000000000000000000000000000000000000 000000000000000000000000000000000000000000 00000000000000000000000000000000�s00000000a 000000000000000000000000000000000000000000 0000b0000000000000000000000000000a00000000 000000000000000000000000000000000000000000 00000000000000000000000a000000000000000000 ��000000000000000000000000000�000000000 I 00000��ogg®®gggSi3s®gg00000000000000000000� '"a000gogog8og8gggggg8�r�i��s6giigi313ia0gBL'gS�m� m 0 I It i I /` f 1 It 1' J1 :► :1 I t 1 • # f 1 # le � r I' 1 1 1 1 i• - [ ` 1',,l ur:�ll . 1 .. . IL I'J 71 Ile-. ' :r111111. ` 1 1 :!1 Ifi: _rNl11 -•'-ulr_ al �:;• iIII. ::1 ne_: Le 1r_1 I . 1 IL c [1 r '_.• r ,•.e.r r- 1 1! 1 1 I I, i l l l I L •: r l 1 11 1 . f 1..... . I... , I Ie7"L"11 to 11 •,u. ad make11 ral 0.0'1,•il 4. 1 11 L{`,_ f. 1 - 11: I MaruirRanking ,al k ) '1 . •I and :EliRFAX the ' Ili 1 IIImi:.., . I I .n _ with h 1 1w_...:1 d 1 `` I. _:/ I -f{l,l :il ULfl/ -U 1': _. ..f en i:. Dwelft Unit Evehation, Rqmt,, Year fimm 1 II Schwab. Sr. 6D L'l 1 :1111 li•:' Fmvirownenjai Resources, . 1 1 • 1' 11` • _County 1 u IF Planning a.:. I L 111 1 I 1 >:F _.I Dec ld . ! 1 A ad whichrepores of 1 is and c=dtnions of law IE Commission 1.1 /:iaby I N .11�-.. IN 1 ;:I:I:rr 2. The ,swwn CU 1,1 F'. the M' 1'rl 1 County Growth Nknapmegt 1 1>1 staff, and rY:l: 11 11 -M 1 John Wolfe, Empire- 1.1.: • I.: S 11 ':Irll 11 1 I/ 11 /IS 11-. ll 1 11 ` I1e:. 1 '}; •: 1. -1 L:1r1 thewritten testimony 1 1. ki Schwab, 1 i .::M a 1planning EA: 1 li fl:: I L:. e, le r I:li -,1 1 I Commission hereby . 11 • I1,•.: -L:1 I Ll li_.:1.. ,•..1..: by Ili....: Director 1 Planning .' EnvhvamgnW .esourm to r:F AllocationRankings ra theLower .V 1 r .I / Market•;I Dwelling its Fapplicantsranked r.:f one through I d1: and I Based upon de written mummy of Towisley Schwab. Sr Diracm of Ir 1 1111 -11F .Resources.the '.[IN { Commission dw recommendation by the Director Ii of:n •..:1 I 5, , 111 ...; 1 to gmt - AHocadon Rankings In the Big PindNo Nam Y-4Y subarea. for Uk&a Rae ' 11 Units 1 S I ".I M! One 1 1 L:1, Ili Rellofudon P55-M Pup I of 3 . r1 11:. :1 ..•I r .I l •�1 1�. � �Mlli:: • :11 I 11 � I 1:1 I11..�111 i.: { ♦ la "& _,11.. 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The 3r by a,i a County Growth ,r a r. rl Division9W.a,a Planning 1 • Based tqwn the written teadmony of Townsley Schwab, Sr. Dhww of planning & Env' the Ptanmng Commission hereby approves the recommendation by the Sr. Dimew of Planning & Environmental Resources to grant Al on Rankings in the La (Law ) Keys subam for Market Rate Dwelling Units to applicants nudied one (1) throw (10) and thirteen (13) though fourteen (14); and 2. Based upon the written testimony of Townsley Schwab. Sr. okector of planning & Environmental Resources, the Planning Commission. hereby approves the lion by the Sr. Director of Planning & Environnimud Reuxaces to hold Lower (Lower/Middle) Keys Market Rate DwellinS Units al3 tion% in abeyance for Rewfution 10 Pup 1 of 3 APPOMM rOW eleven 01) d=9h twelve (12). since the properties do not have tier desipations at this tinm Once der designatforts are finalized. staff will bring the allocations to the Planning Commission for recommendation of cidwr a sufficim ranking or insufficlent raWdq for an allwadon award for these or other . and 3. Based 51 1 1 1:writtentestimony 1: Townsley Schwab, Director 1: • 1 11 Ir' .:;: 1 1 5n ell Iv Resources. the Planning Commission hereby•approves 0, recommendation by 1.h'h, Director 1 Maiming EnvkonmentalResources 1; 1 Allocation k 1 •/. die ::ig / :I.rl, .':subm Rl "Ar ! r ell - Units to III w{. 1 IC.r] .onethrough Based upon 145.writtentestimony 1 / ' ni c.1 : .: Director of Planning `- Environmental Resourca.Planning Commission, 1 ., ;=J airr .m th- mmendation 1 ;C Director ....: o 1 ' .I1.1 1 :' Resourcesto 'a :I(.f Allocation Rankings in dw Upper Keys n6area for Market Raw Dwelling Unift b applicants MRW four (4) and six (6) through nine (9); and 5. Based upon 1- 1 ra testimony 1 ofTownsley Schwab, Director I 1 I I J: ' <nii / lli .+11 . 1 T 1 Planning Corminission. hereby :U9i I~II Owalmendation by the!: _4 1 of ):.. l :': ' 1 ir 1: Ifl • f l k_., / • 1: Upper one 1. . ' 1 1:duce.and rwlWtwelvethrough dtirteen 131 si= the properties 1.:� I.r. havetier 1•e•. '1:1:: °! '.I Once - 1 1 IA•nations 11, bringfinalized, staff wiff the allocations back to die Plawfing Commission r=: .:L I'll Il,ul 1 :rl {.: of either sufficient makingor insufficienirankingf1oran allocation award fbr these or other applicants, and 1Based /::r i the 1 e:1: testimony 1 TownSchwab, Director 1Planning Environmental.ti t reds the Plannmg Commission hereby approves 1:: recommendation I the Diraftr1 .I 1 : 1 Envhonmental.I ce 1 grant 1.1:. BasedAllocation Rankings in die Upper Keys (Administrative Relief) Aubares for Market Rate Dwelling Units to applicants ranked am (1) through two (2y mW 7. upon 1 diewritten testimony 4 TownsleySchwab, Director I Maiming 1 Envkoninental Resources,Maiming Commission hereby approves/ recommendation :1 1. Director /. Planning .' :1 I 1! : Reswrcesto '1...:.I zero (0) Allocation Rankings for the Lower and Upper Keys subares in the very low. low, & median itimme category for Affbrdable Housing Dwelling Units; aW I S. Dowd upon the written testimony of Townsicy Schwgb, Sr. Dirmor of A gr.' Envi=mentalResource& the Manning Commissionhereby 1 recoinirmwation by the Sr. Director of Planning & Environmand Resources to .A . Allocation 1:: Rankings .: 11 . and Upper subam modem I :1 income category 11 Affordable ....:..1 ! I Housing Dwelling A. Rewlution PO4- 10 Page 2 of 3 9. the Based upon a ltestimony , 1 1 Schwab. Director 1 3'il , . Environmental Resourim, _ P12nftmg recommendation by the Sr. Dhmr of Planning & l l: ! k . 1: Resources ::1 If '! It zew Keys m subarea rf 1very 1 low, medianincome 1.category 1... Affordable R. 1 Dwelling and 1 Based 111 1 thewrittentestimony / 1' 1sley Sawab, Environmental Resource& the planning Commission hereby approves U mmaxIation1 l: D ..M ,.....: , 1 :I:I11 _ Environmental Resources to '1 : II. zero Keys :1 11. ` subarea 1 the 1151 1 r I r income category 1 ffm1 Housing 1 1 1 1 Ili 11 , 1 r_1 •I Kra -PAM-7 ♦ + 1 !: 1 ' 1 ♦ ♦Il gal /: .� 1 ti r PAWED AM AWPM khr Flotida, 81 a 199UW meeting hold on the 10th day of March 2010. coul LAMW (LWWO Keys ChU&Mn Wall camnasslowr 1 .,. = COMMbsionermald Commialoner Lusffierg Chafl711tJIi Wall COMOWSSIPwr werling COMMi l'Si0ftr lfalr Ommkvion Camera. Rewiution !D T=Imw Rate BISPInN1 '~ I Yz Planning commission of Monroe Co!_nty, Flo#da , N M • e �rtFFF��Igg��►� iill[[ffffif�#��t��it 82gg$ ESm®r•ww.2.v.r®®wyo®rororffirwrw®rrgw+» it aAll n8� iaz8 �sll�la8a Sa8 aaataataaaaaa ga::t � NI Iaaatattaaaaano �F FlIffr1riffil [fill If ff f I it Is still 6* KKR w. P. lit IIH Y� n" rffi�� ♦ .w�fi rffi.r®mor.+rrx®.offiffi`�i88aMi.Z�j.o+ m+m»»YYYr»»»»»rrr»mmm+++mmmm+m »»»»YY»»Y»» loos8ffi8ffig8E88g87�S8E®O.000000.000ffiffigg8ffiffiffig888888 i0 v v 0 0 00 0 0 0 0 0 0 v 0 0 0 0 b$ b bib 3 b$ g 0 4 6 .O o 0 0 0 0 0 0 0 0 0 0 0 0 000000000000000000000000000000 0000000000000000 0000000000000000000000000000000000000000000000 oammoo.0000000mo00o00000000000000000000»000000 MO O O O O O 0®O O o O .O O Y O O O o o0 O o 0 0 0 0 0 0 0 0 0 0 0 00000004000 bo o 0 o v .O 0 0 o O o 0 0 0 .0 O 0 o 0 0 0 0 0 0 0 0 0. 0 0 0 0 0 0 0 0 0 0 v 0 0 0 0 0 to 0 o0 o o o o o o o0 o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 o O 0 0 0 0 0 '0 0 0 0 v 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0. 0 0 0 0 0 0 0 0 0 o o 0 Yo o O O o o O o Y o0&&&&&&0000000000000000000000.00000000&oo0000 Y M • Y Y Y Y» 0 0+ m Y Y Y »M Y 6 A A A 0 F♦®• p o p ♦M M »Y Y Y Y Y O O e p' 0 0 oo.o.soo��000000ggy�8�ffiffiS8Cffiii80000vOoororos�; rrr00000EiSm2Cffi+Y88AgCffip8ffiRrfitltiq�lffiffiffiffi1iAis007Cxtt?1!1 1 m il� 6� MA r A RESOLU77ON By THE MON-ROBO, My PLANNING COMMISSION APPROVING THE YEAR IS r rALLM # * FOR THE ! UNIT MARKET RATE c r �- KEYS . '. ABLE KEYS rHOLDING SOME ALLOCATIONSAFFORALLOCA77ONS 1W ABEYANCE PENDING TIER DBSIGNA77ONS; CON7RqM0 THE UPPER KEYS K4RKET RATE Of 0 the Sr- Director of 11PlanningPlanning ' 1 c, ill M ntaf commission •: Isubmitted 1 11a f !: June 2, 201 ' ' ,'L M.. WEWR"11� the Monroe 11 1County I ♦ :A.IfI meeting held On June 9, 2010, conducted 1Y, pub _ Apublic ing to redew, discuss, and make fOtznW Motions rejArding the Dwelling Unit Allocation :Ilk1 ' .irk • rt; sad WEW-1tEA,S,thePlanning Conwassionwas 1 NMW with the f ollowingevidaw 1. I memoTandumentitled DwellingUnit Evftlustion Report, Quarter 3 of '• Fes: 1 f !:: / 1 e Monroe County Planning ! f{111 ::ti Ill dated :: :. 1. II` 1 2. The Sworn testimony by the i 1 / County , MMEAS, the Planning :.! • /1 1 / i makes the1 •. 1 1. Basied upon the en -+ 1 if • { of Townsley Schwab, Sr. Director of Planningq, Environmental Resources, Allocation Rankings 1 M the Lower -{ A / Dwelling Units to :l• l f :I :1 ' 1 e 1 ) i 1 l: /Ive through through seven (7) and 2. rl ■ / i the wrtten i 1 of Townsicy Environmental Resouws. the Schwab, I f id ! planning by the Sr. Director of PlanWng,& Environmental Resources 1 s; ihereby approves the Lower Market Rate Dwelling Units allocation's in abeyance f (LOW,er/'14iddle) Keys, to hold aPP"C&nts ranked three (3), or • and eight (8). Since the Propertiesdo not der Resolution i10 im E s1THEREFORE COMMSSION1 1 1 •,1 E IT RESOLVED IPLANNING 1 1CUNTYns 1' FLIi 1 of mpport the decision !APPROVE Residential of Allocation Unit Lower r / in 1 ! 1 continuing V! 1 1 1 1 public hearing for1 1:. �! {'. 1 1 11 ., • 1 he 1 1 :7 r r; : 0101 11shown L EXHIBIT attached. 11 : 1: ! PASSED AND ADOPTED by , r ! r l '1 1'Common �, 8r Meeting held on the 9th day of 1 - 2010. Lower t Ckairman Wall Commissioner , erling L Commissioner Commissioner Cameron 3= CommissionerLusibety l; L-; Affordable Housing 1'" 1Njume Cha&7nan WaU am= Abm COMMUSIOner COmmirsionerL' Commission , L COmmiksioner Lustberg L'-•' L :ti Planning Commissiono, Monroe Cxw-v Signed this 9th day of June 2010 rivD. . U • Rewlution P10-10 Page 3 of 0 m u - Bill"' ,e * g gg gg g�gw�rw`� 8 g g ___M.mawwrwwwwwwwp.-_.-__.-_____ __Kww.wwwgMrwwrw.y 0000gSgBgSgugg3Sgg0000000.00000®S8gS8SSggggo3S a �S®$gga00000000a000000 of 00000000000000000000000000000000p0000000000ao s ff 0000000000000 0000000000.00000000000000000a0000 o b0000000.0000000000000000 O O... 000006000000000 00060W.06 ... 0.0000000 w� t 0000a0000 00000000000000.0 if 000000000000000000a00000000000000000 �r ooa0000aoo 00000000000000000000ao.000.0000000a00000000p® ®`®®IAIAA00000000a0000000 oa0000000000000000000 A orr®vmrwwmoo__mrww.ww• w.®r®r®r®rra�wuuuo/.r®r®®®ro 00000wg*®®®+$S ooao€ a 53 �i RES01 IMON #P24.10 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION APPROVING THE BIG PINE/NO NAME KEY MARKET RATE RESIDENTIAL DWELLING UNIT ALLOCATIONS AND CONTINUING OTHER APPLICANTS RANKINGS FOR QUARTER BEGINNING APRIL 13, 2010, AND ENDING JULY 12, 2010' PURSUANT TO SECTION 138-26 OF THE MONROE COUNTY CODE WHEREAS, the Sr. Director of Planning & Environmental Resources submitted to the Planning Commission a Residential Dwelling Unit Allocation Evaluation Reportdated August 23, 2010 and September 17, 2010, pursuant to the roved ' County Code, Amended, Section 138-26; and procedures outlined in Monroe WHEREAS, the Monroe County Planning Commission during a regular public meeting held on September 22, 2010, conducted a public hearing to review, discuss, and make formal motions regarding the Dwelling Unit Allocation Ranking Report; and WHEREAS, the Planning Commission was presented with the following evidence; L The memorandum entitled Residential Dwelling Unit Evaluation Report, Quarter 4 of Year 18, from Townsley Schwab, Sr. Director of Planning & Environmental Resources, to the Monroe County planning Commission, dated September 17, 2010, and which report's findings of fact and conclusions of law this Commission adopts by reference, as its own; and 2. Staff submitted a continuance request from Mr. Bank Prevetts; and 3. The sworn testimony by the Monroe County Growth Management Division staff; and continents of John Wolfe, Esquire; and WHEREAS, the Planning Commission makes the following Findings of Fact. 1. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant Allocation Rankings in the Big Pine/No Name Key subarea for Market Rate Dwelling Units to applicants ranked one (1) through two (2) and continued the remaining rankings to the October 6, 2010, Planning Commission meeting; and Resolution P24-10 Page 1 of 2 NOW THEREFORE BE IT RESOLVED BY PLANNING COMI MSION OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of Law, support the decision to APPROVE the Big Pine/No Name Key Market Rate Residential Dwelling Unit Allocation Rankings for applicants ranked one (1) through two (2) and continued the remaining rankings to the October 6, 2010, Planning Commission meeting for Quarter 4 Year 18. PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a regular meeting held on the 22th day of September 2010. Market Rate Brig PindNo Name Keys sub Chairman Wall Commissioner Werling Commissioner Hale Commissioner Cameron Commissioner Lustberg Signed this 22th day of September 2010 Qi A"RQVBD To FORM AND LEGT � ! BY rney's office �. •mow :- ..w u.•�u...s.._ � .., oc• � •- Resolution P24-10 Page 2 of 2 W sQ N Q� F fie N �2� k�a z d W ho 0 o 0 cr saw �o cr W W 2 m ooee0eeeee.000�w��Ow"ew'^^oeeeoeeooeee ......N..afYY�fYY�fYYf�NNNn��00NAwarof♦�O } Y eaooeeeooeeooeeaoeooeeeaeee000eooeeTTYTTowYe �� ooweeeeeeaooweeoee000eooeeooeeooeeeoweeooeeo �fr v 000eeooeeaooeooweooee000eeooeeooeeooeaooeeoo A� wweaooeeeoeeeoweeoee000eaoweaaeeeeoee000eeoo N aaoeeaooweoeweeoeeooeeeoeeaoweeoweeooee000we R �Ni w oeeoeeeeooeeooeeooeeooeeowe000eeeweaaoweeo.e F �� eoweeewweeoweaooe000eeeoe000eooeeeooeeeoeeea �� oeoewweeoee000e000aaooeaoweeoeeeooeeooeeooee oil ooeeewweaooeea$R$$eaoeeeo$eeeeeeeaoeeaaeeeoo $$$gee$$a^$oeeeoeoaooeeooee$ea$$we^oee^$ oeee M nnNNNNNNnNNNN - - - - - - - - - --^-NNbNNNNNNNnNN�� g 1,1111111191w ♦hw h p s h 3� i� l �Op� tl w ---- � a H1111111111,11 If If III Its" € �� 121111 1r fill III€ ��1tldcbl�BA�.�rweC:.10 faMf ��.�tleh.wed'gz$w'q^R�i$A$!C$4&$�aR147�$$LiA9IS�$93 ��#� c= 0 PLANNING COMMISSION MONROE COUNTY October 6, 2010 10:00 A.M. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL COMMISSION: Randy Wall, Chairman Denise Werling Jeb Hale Jim Cameron Elizabeth Lustberg EXHIBIT *Agenda 12-ij MARATHON GOVT CENTER 2798 OVERSEAS HIGHWAY MARATHON, FL MONROE COUNTY, FIL STAFF: Townsley Schwab, Senior Director of Planning and Environmental Resources Susan Grimsley, Ass't County Attorney John Wolfe, Planning Commission Counsel Mitch Harvey, Comp Plan Manager Joe Haberman, Principal Planner Steven Biel, Senior Planner Barbara Bauman, Planner Gail Creech, Planning Commission Coordinator COUNTY RESOLUTION 131-92 APPELLANT TO PROVIDE RECORD FOR APPEAL SUBMISSION OF PROPERTY POSTING AFFIDAVITS AND PHOTOGRAPHS SWEARING OF COUNTY STAFF CHANGES TO THE AGENDA APPROVAL OF MINUTES MEETING Continued Items: 1. A public hearing to consider and finalize the ranking of applications In the Dwelling Unit Allocation System for the market rate applications 3-44 in the Big Pine/No Name Key sub -area between April 13, 2010, through July 12, 2010, ROGO quarter (4th Quarter Year 18), unincorporated Monroe County. * 10.01.10 Page 1 of 2 New Items: 2. Circle K, 92720 Overseas Hiahwav (US 1). Tavernier; Mile Marker 92.7: A request for approval of - an amendment to a major conditional use permit In order to redevelop the existln-q gas station and convenience store by removing the one (1) existing fuel pump with two (2) dispensers; constructing five (5) new fuel pumps with two (2) dispensers per pump; demolishing the existing canopy; constructing a new canopy; improving the existing convenience store building; and carrying out associated site improvements. The subject property is legally described as a portion of the East'/a of Section 27, Township 62S, Range 38E, Key Largo, Monroe County, Florida, and Parcel 2, Tavernier Boat Basin, P134-147, Key Largo, Monroe County, Florida, having real estate numbers 00089480.000000 and 00487290.000000. 3. Tor apprOVar Or a [AF b (peer ang wine. pacKage oniV) Alcoholic Beverage Special Use Permit, The subject property is legally described as Block 1, Lots 6.14, Tavernier (PB1.105), Key Largo, Monroe County, Florida, having real estate number 00478410.000000. 4. Permit. The subject property is legally described as part of Lots 6, 7 and 8 lying northwesterly of US 1 in Section 22, Township 61 South, Range 39 East, Model Land Company's Plat (PB1-68) less the south 200' and the north 60' thereof, Key Largo, Monroe County, Florida, having real estate number 00086730.000000. 5. mrowerty line In order to construct a building addition. The subject property is legally described as Block 1, part Lot 5 and Lots 6 and 7, Key Haven Fifth Addition (PB5-105), Raccoon Key, Monroe County, Florida, having real estate number 00136830.000000. If a person decides to appeal any decision made by the Commission with respect to any matter considered at such hearing or meeting, that person will need to ensure that a verbatim record of the proceedings is made; such record includes the testimony and evidence upon which the appeal is to be based. Pursuant to the Board of County Commissioners' Resolution #131-1992, if a person decides to appeal any decision of the Planning Commission he or she shall provide a transcript of the hearing before the Planning Commission, prepared by a court reporter at the appellant's expense, which transcript shall be filed as a part of the appeal within the time provided in Section 102-215 of the Monroe County Code, amended. 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 1711 ". BOARD DISCUSSION GROWTH MANAGEMENT COMMENTS RESOLUTIONS FOR SIGNATURE ADJOURNMENT * 10.01.10 Page 2 of 2 i " • EXHIBIT i PLANNING COMMSSION October Meeting Mnutes The Planning Commission of Monroe County conducted a meeting on Wednesday, October 6, 2010, beginning at 10:03 a.m. at the Marathon Government Center, 2798 Overseas Highway, Marathon, Florida. ROLL CALL by Gail Creech Randy Wall, Chairman Present Denise Werling Present Jeb Hale Present James Cameron Present Elizabeth Lustberg Present ZYMA Townley Schwab, Sr. Director -Planning and Environmental Resources Present Susan Grimsley, Assistant County Attorney Present John Wolfe, Planning Commission Counsel Present Mitch Harvey, Comprehensive Plan Manager Present Joe Haberman, Principal Planner Present Steven Biel, Senior Planner present Barbara Bauman, Planner Present Tiffany Stankiewicz, Dev. Administrator. -Planning and Environmental Resources Present Gail Creech, Planning Commission Coordinator Present COUNTY RESOLUTION 131-92 APPELLANT TO PROVIDE RECORD FOR APPEAL County Resolution 131-92 was read into the record by John Wolfe. SUBMISSION OF PROPERTY, POSTING AFFEDAVITS AND PHOTOGRAPHS Gail Creech confirmed receipt of all necessary paperwork. SWEARING OF COUNTY STAFF All staff intending to speak were sworn in by John Wolfe. ML'qUTES FOR APPROVAL Townley Schwab requested a deferral of the approval of minutes to the next Planning Commission meeting. CHANGES TO THE AGENDA Item No. 4 was rescheduled for the October 19, 2010 Planning Commission meeting due to a revision of the application by the property owner and the need for a re -advertisement. Continued Items: 10:07 a.m. 1.A public hearine to consider and finalize the ranking of applications in the Dwellina Unit Allocation System for the market rate applications 3-44 in the Big Pine/No Name Key sub -area between April 13, 2010, through July 12, 2010, ROGO quarter (0 Quarter Year 18), unincorporated Monroe County. Susan Grimsley informed the Commission a representative of a person who has an equitable interest in the property has requested a continuance. The representative was informed, and understood, that the last meeting at which this matter could be heard is the October 19, 2010 Planning Commission meeting. Motion: James Cameron made a motion to continue this item to the October 19, 2010 meeting. Denise Werling seconded the motion. There was no opposition. The motion passed unanimously. New Items: 10:09 a.m. 2-Circle K. 92720 Overseas Highway (US 1), Mile Marker 92.7: A reuuest for approval of an amendment to a major conditional use permit in order to redevelOR the existing as station and convenience store by removing the one (1) existing fuel pump with two (2) dispensers; constructing five (5) new fuel pumps with two (2) dispensers per pump; demolishing the existing canopy; constructing a new canopy; improving the existing convenience store building; and carrying out associated site improvements. The subject property is legally described as a portion of the East 1/ of Section 27, Township 62S, Range 38E, Key Largo, Monroe County, Florida, and Parcel 2, Tavernier Boat Basin, PB4-147, Key Largo, Monroe County, Florida, having real estate numbers 00089480.000000 and 00487290.000000. John Wolfe informed the Commission that a phasing plan with a letter explaining the plan had been submitted. The size of the canopy has been cut back to less than 2500 square feet, so that the applicants will only have to go through one NROGO period as opposed to two. (10:15 a.m.) Steven Biel stated there has been a revision to the revised site plan. Mr. Biel then presented the staff report. The recommendation by staff was for approval with conditions. The conditions were read into the record. (10:31 a.m.) Chairman Wall voiced concern about the angle of the turn into the first southbound curb cut, as well as its close proximity to Burton Drive. 9 0 Bob Webster of MDM Services was sworn in by John Wolfe., Mr. Webster explained that the first southbound curb cut was to be used by the fuel delivery trucks, as the fuel is offloaded on the right-hand side of the truck, but that the hose could be pulled underneath the truck instead. Circle K would make that change if the Planning Commission desired. Chairman Wall recommended signage directing vehicular traffic to enter the second southbound entrance. Chairman Wall asked for public comment. There was no public comment. (10:39 a.m.) James Cameron stated he felt that what is being proposed is a vast improvement over what exists today, but feels that it is unnecessary for staff to be asking for rationale regarding the number of pumps on the site. Townsley Schwab responded that it has to do with controlling intensities and community character issues. Mr. Cameron then stated that the traffic studies available are outdated and are of counties that are much different than Monroe County. Elizabeth Lustberg asked for confirmation that there was no response from the letters sent out to the community. Mr. Schwab confirmed that. Mr. Cameron asked why under -canopy parking spaces were not counted as part of parking. Joe Haberman explained that there is no parking standard for a fueling station in the code, so a shared parking calculation cannot be done and, therefore, the convenience store has to be treated separately. Chairman Wall stated that he would feel more comfortable if in the major conditional use there was a clause that said the first southbound curb cut was set up to be a left-hand exit only. Mr. Webster said that would be fine. (10:51 a.m.) Motion: Chairman Wall made a motion to approve the staff report and conditions, with the addition of making the first southbound curb cut on U.S.1 a left-hand exit only. Elizabeth Lustberg seconded the motion. There was no opposition. The motion passed unanimously. 10:54 a.m. 3-Tavern Stores Chevron, 91860 Overseas Highway (US1), Kev Largo, Mile Marker 91: A request for approval of a 2APS beer and wine Package onl Alcoholic Bevera e Special Use Permit. The subject property is legally described as Block 1, Lots 6-14, Tavernier (PB1- 105), Key Largo, Monroe County, Florida, having real estate number 00478410.000000. Barbara Bauman presented the staff report. The recommendation by staff was for approval with conditions. The conditions were read into the record. Chairman Wall asked for questions from the Commissioners. There were none. Chairman Wall asked for public comment. There was none. (10:59 a.m.) Motion: James Cameron made a motion for approval. Jeb Hale seconded the motion. There was no opposition. The motion passed unanimously. KI NI 10:59 a.m. S.Liszka Residence. 58 Kev Haven Road. Raccoon Kev, Mile Marker 5: Arequest for approval of a variance of two (2) feet to the five (5) foot required side yard setback along the northwestern property line in order to construct a building addition The subject property is legally described as Block 1, part Lot 5 and Lots 6 and 7, Key Haven Fifth Addition (PB5-105), Raccoon Key, Monroe County, Florida, having real estate number 00136830.000000. Joe Haberman presented the staff report. The recommendation by staff was approval with conditions. The conditions were read into the record. (11:04 a.m.) Owen Trepanier appeared on behalf of the property owner. Mr. Trepanier was sworn in by John Wolfe. The property owner, Joe Liszka, was also present. Mr. Trepanier presented to the Commission the proposed site plan and the existing site plan, and he explained that the covered deck area on the existing site plan was being replaced by an addition to the property. Mr. Trepanier informed the Commission that the architect has, in fact, coordinated with the fire marshal regarding this site plan. Chairman Wall asked for questions from the Commission members. There were none. Chairman Wall asked for public comment. There was none. (11:07 a.m.) Motion: James Cameron made a motion for approval. Jeb Hale seconded the motion. Elizabeth Lustberg asked if any of the neighbors had anything to say about this. Joe Haberman answered that a letter was provided by the neighbor on the opposite side of the addition stating they had no objection, and that nothing was provided by the neighbor in closer proximity to the addition on the property. There was no opposition to the motion. The motion passed unanimously. BOARD DISCUSSION (11:09 a.m.) Elizabeth Lustberg asked if canopies are looked at the same way as regular floor space regarding NROGO. Jose Haberman answered they are the same in terms of NROGO, but they are different in terms of density calculation. Mr. Haberman explained that the way NROGO is phrased and defined in the code, all covered areas are subject to NROGO. The reason behind NROGO being set up this way was discussed. Elizabeth Lustberg asked if this issue would be looked at when the comprehensive plan was being worked on. Joe Haberman stated that the comp plan policies that relate to NROGO are broader, but that it could be addressed forthwith in the LDRs if it was felt to be necessary, or it could be addressed when a rewrite of the LDRs occurs. 'T'ownsley Schwab is hopeful it will be able to be addressed without waiting for the comp plan. John Wolfe informed the Commission that the 2500 square foot limit comes from the LDRs. Commissioner James Cameron asked when Parrotdise Bar & Grill will be on the agenda. Joe Haberman answered that it will be put on the agenda for approval of the NROGO allocations for that quarter, but it is not know when. EI Chairman Wall asked when the calendar for next year will be established. Susan Grimsley explained that a tentative schedule is made at the end of November or the beginning of December, but that it is dependent on room availability, which is based on the Board of County Commissioners' schedule. Townsley Schwab introduced the Commissioners to Ray Ortiz, an emergency temporary hire as a planner. Mr. Schwab then explained to the Commissioners that the packets for the next meeting will be submitted ten days prior to the next meeting as opposed to at the close of the prior meeting. Commissioner Cameron requested an agenda be provided at the end of the prior meeting. Elizabeth Lustberg requested her personal e-mail be cc'd on any Planning Board e-mail. Susan Grimsley requested e-mail addresses where the forwarded a -mails should go to be provided to Gail Creech. Chairman Wall asked if there is a regulation for staff reports to be posted on the County website. Susan Grimsley explained that the only requirement is the notice of public hearing, and everything else is posted as a courtesy. GROWTH MANAGEMENT COMMENTS (11:27) Mitch Harvey reported that last month the Board of County Commissioners approved the compilation of report to be transmitted to the Department of Community Affairs. Also, a second iteration of the existing conditions of the technical document update has been received, and the future conditions of the technical document are expected to be received October 18. When that draft is complete, a workshop with Keith & Schnars will be scheduled for January. The Big Pine Key Rotary Club has been provided an update on the plan by Keith & Schnars and Mitch Harvey. 1 The Monroe County Planning Commission meeting was adjourned at 11:30 a.m. Ed *AGENDA e PLANNING COMMISSION MARATHON GOV'T CENTER MONROE COUNTY 2798 OVERSEAS HIGHWAY October 19, 2010 MARATHON, FL 10:00 A.M. MONROE COUNTY, F CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL COMMISSION: Randy Wall, Chairman Denise Werling Jeb Hale Jim Cameron Elizabeth Lustberg TAFF: Townsley Schwab, Senior Director of Planning and Environmental Resources Susan Grimsley, Ass't County Attorney John Wolfe, Planning Commission Counsel Mitch Harvey, Comp Plan Manager Joe Haberman, Principal Planner Steven Biel, Senior Planner Barbara Bauman, Planner Gail Creech, Planning Commission Coordinator COUNTY RESOLUTION 131-92 APPELLANT TO PROVIDE RECORD FOR APPEAL SUBMISSION OF PROPERTY POSTING AFFIDAVITS AND PHOTOGRAPHS SWEARING -OF COUNTY STAFF CHANGES TO THE AGENDA APPROVAL OF MINUTES MEETING Continued Items: 1, A public hearing to consider and finalize the ranking of applications in the Dwelling Unit Allocation System for the market rate applications 3-44 in the Big Pine/No Name Key sub -area between April 13, 2010, through July 12, 2010, ROGO quarter (4th Quarter Year 18), unincorporated Monroe County. * 10.07.10 Page 1 of 3 New Items: 2. D-Hooker Sports Bar & Grill, 102250 Overseas Highway (US 1), Key Largo, Mile Marker 102: A request for approval of a 5SRX (restaurant, no package sales) Alcoholic Beverage Special Use Permit to replace an existing 2COP (beer and wine, on premise and package) Alcoholic Beverage Special Use Permit. The subject property is legally described as part of Lots 6, 7 and 8 lying northwesterly of US 1 in Section 22, Township 61 South, Range 39 East, Model Land Company's Plat (PB1-68) less the south 200' and the north 60' thereof, Key Largo, Monroe County, Florida, having real estate number 00086730.000000. 3. The Shell Woman inc., dba the Shell Man, 92439 Overseas Highway_(US 1), Key Largo, Mile Marker 92: A request for approval of a 2APS (beer and wine, package only) Alcoholic Beverage Special Use Permit. The subject property is legally described as Parcels A and B, part Tract 2, Plat of Survey of the Ellis Property (PB2-99), Section 27, Township 62 South, Range 38 East, Key Largo, Monroe County, Florida, having real estate number 00490210.000000. 4. Sievers Marine Inc., 21 Garden Cove Drive, Key Largo, Mile Marker 106: A request for approval of a 5SRX (restaurant, no package sales) Alcoholic Beverage Special Use Permit. The subject property is legally described as Block 7, Lots 18 through 23, Ocean isle Estates (PB5-14), Key Largo, Monroe County, Florida, having real estate number 00539850.000000. 5. Walgreens, 30351 Overseas Hlghway (US 1). Blg Pine Key, Mile Marker 30• A request for approval of a 3APS (package only, included beer, wine and liquor) Alcoholic Beverage Special Use Permit. The subject property is legally described as a tract of land in part of the southeast quarter of the northwest quarter of Section 26, Township 66 south, Range 29 East, Big Pine Key, Monroe County, Florida, having real estate number 00111690.000900. 6. Non -Residential Floor Area Allocation: The Planning Director is requesting recommendations from the Planning Commission, to the Board of County Commissioners, for the amount of commercial floor area to be available for the annual NROGO allocation for Year 19, beginning July 13, 2010 and ending July 12, 2011. 7. AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING MONROE COUNTY CODE SECTION 101-1, DEFINITIONS, AND SECTION 130-187, MAXIMUM HEIGHT; PROVIDING CONSISTENCY BETWEEN REGULATIONS REGARDING HEIGHT iN THE LAND DEVELOPMENT CODE AND POLICIES REGARDING HEIGHT iN THE COMPREHENSIVE PLAN; PROVIDING CONSISTENCY BETWEEN THE DEFINITIONS OF HEIGHT AND GRADE IN THE LAND DEVELOPMENT CODE; PROVIDING FOR SEVERABiLITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS AND THE. SECRETARY .OF STATE; PROVIDiNG FOR CODIFICATION; .PROViDING FOR AN EFFECTIVE DATE. if a person decides to appeal any decision made by the Commission with respect to any matter considered at such hearing or meeting, that person will need to ensure that a verbatim record of the proceedings is made, such record includes the testimony and evidence upon which the appeal is to be based. Pursuant to the Board of County Commissioners' Resolution #131-1992, if a person decides to appeal any decision of the Planning Commission he or she shall provide a transcript of the hearing before the Planning * 10.07.10 Page 2 of 3 Commission, prepared by a court reporter at the appellant's expense, which transcript shall be filed as a part of the appeal within the time provided in Section 102-215 of the Monroe County Code, amended. ADA ASSISTANCE: If you are a person with a disability who needs special accommodations In order to participate !n this proceeding, please contact the County Administrator's Office, by phoning (3 ) 2924441, between the hours of 8.30 a.m. - 5.00 p.m., no later than t (10 calendar days prior to the scheduled meeting; If you are hearing or voice Impaired, call "711 ". BOARD DISCUSSION RESOLUTIONS FOR ADJOURNMENT * 10.07.10 Page 3 of 3 Creech -Gall From: Grimsley-Susan Sent: Tuesday, October 19, 2010 9:50 AM To: Creech -Gail Cc: Stankiewicz-Tiffany Subject: FW: Mr. Akins Authorization Attachmenw Third Party Authorization for JA.pdf Please put in electronic and hard file. Susan Grimsley, Asst. County Attorney 305-292-3470 From: Ray Garcia[mailto:raar*ciac@raygarcialaw.coMI Sent: Tuesday, October 19, 2010 9,49 AM To: Grimsley-Susan Cc: Alexis Rodriguez Subject: Mr. Akins Authorization Ms. Grimsley: Here is the authorization 'from Mr. Akins Ray Garcia, ,Esq. LAW OFFICE OF RAY GARCIA, P.A. 14850 SW 26TH STREET, SUITE 204 MIAMI, FLORIDA 33185 T: 305-227-4030/F: 305-223-9811 Board Certified in Real Estate Law This message is for the named person's use only. It may contain confidential, proprietary or legally privileged information. No confidentiality or privilege is waived or lost by any mistransmission. If you receive this message in error, please immediately delete it and all copies of it from your system, destroy any hard copies of it and notify the sender. You must not, directly or indirectly, use, disclose, distribute, print, or copy any part of this message if you are not the intended recipient. THE LAW OFFICE OF RAY GARCIA, P.A. reserves the right to monitor all e-mail communications through its networks. Any views expressed in this message are those of the individual sender, except where the message states otherwise and the sender is authorized to state them to be the views of any such entity. CIRCULAR 230 NOTICE: To comply with U.S. Treasury Department and IRS regulations, we are required to advise you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this transmittal, is not intended or written to be used, and cannot be used, by any person for the purpose of (1) avoiding penalties under the U.S. Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this e-mail_ or attachment. Please take a moment to complete our Customer Satisfaction Survey: httn://monroecofi.virtualtownhafl.net/Pa2es/MonroeCoFL WebD2U&ss Your feedback is important to us! Please note: Florida has a very broad public records law. Most written communications to or from the County regarding County business are public record, available to the public and media upon request. Your email communication may be subject to public disclosure. RI The Law Office of Ray Garcia, P.A. Attorney at Law Florida Civil Law Notary 14850 SW 26`' Street southern District ofFlorida Suite 104 MiddleDistrictof Florida pay Garda sad. Miami, Florida 33 185 Northern DWrict of Florida Board Certified m Reel Bask Law Tel: 305.227.4030 Fax: 305.223.9811 110LCircuit Courtof Appeals r arc' _ _ ygarcialaw.com www.raygarcialaw, com THIRD PARTY AUTHORIZATION FORM I, John Akins, hereby authorize The Law Office of Ray Garcia, P.A. and its associates to represent me and speak on my behalf at any all Meetings, hearings, trial and any gatherings whatsoever as they relate to in Residential dwelling Unit Bearings with the Monroe County Planning Commission for Big Pine/No Name Key Subarea Quarter 4, Year 18 reg ROGO Applications 07100486; 07100496; 07100485; 07100483 discuss my case with The Law Office of Ray Garcia, P.A.. I understand that I will be fully responsible for reviewing any information that is sent by Lender to my Designated Agents. This Authorization will remain effective until I specifically notify the Monroe County Planning Commission, in writing, that this Authorization is of no further force and effect. Our associates are: Date: A� 0 Ray Garcia, Esq. Alexis Rodriguez, Esq. Franklin A. Jara, Esq. John Reference: Big Pine/No Name Key Subare'Quarter 4, Year 18 reg ROGO Applications 07100486; 07100486; 07100485; 07100483 STATE OF COUNTY OF The foregoing instrument was acknowledge before me this by me or produced Identification who did take the oath. Notary Public (SEAL) day of who are personally know to respectively and S. Ray Garcia. Esq. Board certified is Real Estate Law The, Law Office of Ray Garcia., P.A. Attorney at Law Suite 204 Miami, Florida 33185 Tel:305.227.4030 Fax:305.223.9811 EMiaQnygarcialaw.co www.raygarcialaw.com FiorkU Civil Law Notary Southern District of Floride Middle District of Florida Northam District of Florida 1101 Circuit Court of Appeals ***Sent Via Fax 305-289-2536 email to grimslev-susan(a?monro_eco=-fl.grov.; creech- i onroecoun -fl. ov. * * * October 5, 2010 Susan Grimsley, Esq. Gail Creech 2798 Overseas Highway Suite 410 Marathon, Florida 33050 Re: ROGO Applications 07100486; 07100486; 07100485; 07100483 Dear Ms. Grimsley: It was a pleasure speaking with you today in regards to the above ROGO application awards. As I mentioned, I have been recently retained to represent Mr. Holloway, the buyer under contract of the above -property from Mr. Akins. As discussed there is a schedule hearing tomorrow at 9:00an1 in regards to the above ROGO Applications. As I mentioned on the phone, I am in Miami and I have certain conflicb in Miami that do not allow me to travel to the hearings. I have attached a couple of Notice of Hearings as exhibits to show my conflicts. I respectfully request that this meeting be continued to the October 19, 2010 date which is still within the sixty (60) day cut-off for finalization of the ROGO awards. I appreciate and thank you for your consideration in advance. If you have any questions or concerns in regards to the above mentioned matter, you may reach me at 305-227-4030. RG/ Enclosure cc: Greg Holloway PLANNING COMMISSION LI' October 19, 2010 PQ Meeting Minutes The Planning Commission of Monroe County conducted a meeting on Tuesday, October 19, 2010, beginning at 10:00 a.m. at the Marathon Government Center, 2798 Overseas Highway, Marathon, Florida. ROLL CALL by Gail Creech Randy Wail, Chairman Present Denise Werling Present Jeb Hale Present James Cameron Present Elizabeth Lustberg Present STAFF Townsley Schwab, Sr. Director -Planning and Environmental Resources Present Susan Grimsley, Assistant County Attorney Present John Wolfe, Planning Commission Counsel Present Mitch Harvey, Comprehensive Plan Manager Present Joe Haberman, Principal Planner Present Barbara Bauman, Planner Present Tiffany Stankiewicz, Dev. Administrator. -Planning and Environmental Resources Present Gail Creech, Planning Commission Coordinator Present COUNTY RESOLUTION 131-92 APPELLANT TO PROVIDE RECORD FOR APPEAL County Resolution 131-92 was read into the record by John Wolfe. SUBMISSION OF PROPERTY POSTING AMDAETS AND PHOTOGRAPHS Gail Creech confirmed receipt of all necessary paperwork. SWEARING OF COUNTY STAFF All staff intending to speak were sworn in by John Wolfe. MINUTES FOR APPROVAL Townsley Schwab requested a deferral of the approval of minutes. Item No. 4 will be not be heard and will be re -advertised. Item No. 6 will be heard as Item No. 2. Continued Items: LA public hearing to consider and finalizetheranking of applications in the Dwelling Unit Allocation System for the market rate applications 3-44 in the Big Pine/No Name Key sub -area between April 13, 2010, through July 12, 2010, ROGO quarter (4ffi Quarter Year 18), unincorporated Monroe County. (10:04 a.m.) Susan Grimsley informed the Commissioners that a letter of authorization of representation by Ray Garcia's firm had been received from Mr. Aikens, as well as from the proposed purchaser of Mr. Aiken' property, Alexi Rodriguez, Esq. was present on behalf of Mr. Aiken. Ms. Rodriguez requested an extension of time in order to contest the flood zoning. Tiffany Stankiewicz explained the process of having a property reassessed regarding its flood zone and the effect that has in the ROGO process. Motion: Commissioner Cameron made a motion to approve the rankings as set forth in the staff report. Commissioner Werling seconded the motion. There was no opposition. The motion passed unanimously. New Items: b. Non -Residential Floor Area Allocation: The Planning Director is requesting recommendations from the Planning Commission, to the Board of County Commissioners, for the amount of commercial floor area to be available for the annual NROGO allocation for Year 19, beginning July 13, 2010 and ending July 12, 2011. (10:15 a.m.) Tiffany Stankiewicz presented the staff report. Chairman Wall asked for public comment. There was none. Commissioner Cameron commented that the 2500 square foot limitation is not needed, as the whole idea of competition does not work, and has not worked for many years. Townley Schwab stated that options are being looked into to address this issue. Motion: Commissioner Cameron made a motion for approval of the recommendations in the staff report. Commissioner Werling seconded the motion. There was no opposition. The motion passed unanimously. 0 if 2.D-Hooker Sports Bar & Grill,102250 Overseas Highway (US 1), Key largo,, Mille Marker 102: A request for approval of a 5SRX (restaurant, no package sales) Alcoholic Beverage Special Use Permit to replace an existing 2COP (beer and wine, on premise and package) Alcoholic Beverage Special Use Permit. The subject property is legally described as part of Lots 6, 7 and 8 lying northwesterly of US 1 in Section 22, Township 61 South, Range 39 East, Model Land Company's Plat (PB 1-68) less the south 200' and the north 60' thereof, Key Largo, Monroe County, Florida, having real estate number 00086730.000000. (10:21 a.m.) Barbara Bauman presented the staff report. Ms. Bauman recommended approval with conditions. James Lupino, Esq. was present on behalf of the applicant. Chairman Wall asked for public comment. There was no public comment. Motion: Commissioner Cameron made a motion for approval with conditions in the staff report. Commissioner Werling seconded the motion. There was no opposition. The motion passed unanimously. 3.The Shell Woman Inc., dba the Shell Man, 92439 Overseas Highway (US 1). Key Largo. Mile Marker 92: A request for approval of a 2APS (beer and wine, package only) Alcoholic Beverage Special Use Permit. The subject property is legally described as Parcels A and B, part Tract 2, Plat of Survey of the Ellis Property (PB2-99), Section 27, Township 62 South, Range 38 East, Key Largo, Monroe County, Florida having real estate number 00490210.000000. (10:26 a.m.) Barbara Bauman presented the staff report. Ms. Bauman recommended approval with conditions. Gary Johnson was present on behalf of the applicant. Chairman Wall asked for public comment. There was no public comment. Motion: Commissioner Werling made a motion for approval with conditions in the staff report. Commissioner Cameron seconded the motion. There was no opposition. The motion passed unanimously. 5.Walgreens. 30351 Overseas Highway (US 1), Big Pine Key. Mile Marker 30: A request for approval of a 3APS (package only, included beer, wine and liquor) Alcoholic Beverage Special Use Permit. The subject property is legally described as a tract of land in part of the southeast quarter of the northwest quarter of Section 26, Township 66 South, Range 29 East, Big Pine Key, Monroe County, Florida having real estate number 00111690.000900. (10:30 a.m.) Joseph Haberman presented background information on this property and presented the staff report. Mr. Haberman clarified that the commissioners were being asked to approve the special use permit, not the liquor license, and explained which licenses were quota licenses. Mr. Haberman then summarized the relevant criteria used in approving or denying a permit request. N Staff recommended approval with conditions, and added the disclaimer that staff reserved the right to write additional conditions if people came forward and proved they were being adversely affected by the requested use. (10:50 a.m.) Ed Scales, Esq. and Rob Lewis, Esq. were present on behalf of the applicant. Mr. Scales reminded the commissioners that the narrow issue before them was whether the site meets the five criteria for the special use permit. (10:53 a.m.) Bruce Beckner, the store manager, was sworn and described the size of the store and which area of the store would be dedicated to the sale of alcohol. Mr. Beckner also described the services to be provided and the types of products sold at the store. Approximately fourteen Walgreen's employees were in the audience and were introduced. Mr. Beckner agreed to the conditions in the staff report. (10:58 a.m.) Don Craig, Planner, was sworn and presented his education and land use background. Mr. Scales proffered Mr. Craig as an expert. The suburban commercial zoning of the property was explained, and the other liquor licenses issued to properties within proximity to Walgreen's was described. Mr. Craig stated that he did not feel the requested use would have an impact on any properties within 500 feet of the subject property and that the requested use is consistent with the applicable Monroe County land development regulations. (11:05 a.m.) Joaquin Vargas of Traf Tech Engineering was sworn and presented his traffic engineering background. Mr. Scales proffered Mr. Vargas as an expert. Mr. Vargas opined that the application of the liquor sales will have a negligible effect in terms of traffic increase in the area and would not adversely affect the site's compliance with all applicable laws and ordinances from a traffic perspective. Chairman Wall asked for public comment. (11:11 a.m.) Steve Miller, an owner of Big Pine Liquor, stated that he feels the requested use will generate traffic in the area. Mr. Miller added that there were too many liquor stores in too small of an area, within five miles, of the subject property. (11:17 a.m.) Charles Tallent of Big Pine Key stated he welcomes the competition in the area. Mr. Haberman informed the commissioners that there is no criteria relating to number of licenses in the area. Mr. Scales concluded that even though saturation may be an important issue, it is a legislative issue that should be dealt with by the Couty Commission and is not part of the five criteria at issue. Commissioner Cameron asked if a traffic study that included the liquor sales might be warranted. Chairman Wall stated he didn't believe that an additional traffic study would be reasonable. Mr. Haberman agreed that another traffic study was not necessary. Motion: Chairman Wall made a motion to approve the staff report as presented and approve the permit. Commissioner Hale seconded the motion. A poll was conducted with the following results: Commissioner Hale, Yes; Commissioner Cameron, No; Commissioner Lustberg, Yes; Commissioner Werling, No; and Chairman Wall, Yes. The motion passed. 7.AN ORDINANCE BY THE MONROE COUNTY BO OF COUNTY CONMUSSIONERS AMENDING MONROE COUNTY CODE SECTION 101-1, DEFINITIONS, AND SECTION 130-187, MAXIMUM HEIGHT; PROVIDING CONSISTENCY BETWEEN REGULATIONS REGARDING HEIGHT IN THE LAND DEVELOPMENT CODE AND POLICIES REGARDING HEIGHT IN THE COMPREHENSIVE PLAN; PROVIDING CONSISTENCY BETWEEN THE DEFINITIONS OF HEIGHT AND GRADE IN THE LAND DEVELOPMENT CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS AND THE SECRETARY OF STATE; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. (11:32 a.m.) Joseph Haberman presented the staff report. Commissioner Cameron stated that he disagreed with no allowance being made for affordable housing. Chairman Wall commented that he feels the location of the measurement should be changed in the definition of grade. (11:48 a.m.) Don Craig, Planner, agreed that the definition of grade should be tightened up. Mr. Craig encouraged the commissioners to change both the definition of height and grade, and to change the criteria that spells out how it is to be measured, and from where, in a comprehensive way. Mr. Craig also encouraged the commissioners to not put limits on alternative energy sources. (11:58 a.m.) John November was present and pointed out that the language related to 44 feet, affordable housing and hotels was never passed by ordinance by a County Commission. Mr. November urged the commissioners to pass the proposed ordinance. Motion: Commissioner Cameron made a motion for approval. Commissioner Hale seconded the motion. There was no opposition. The motion passed unanimously. Scheduling of upcoming meetings was discussed. 1 DIZ (12:06 p.m.) Mitch Harvey gave an update on the comprehensive plan process. Several complete drafts of the technical document have been received from Keith & Schnars. n1 1 ; �1►�13� The Monroe County Planning Commission meeting was adjourned at 12:13 p.m. (e L w CERTIFIED TO: CANDACE AKINS O'R/W 1 x�FJP.� I FP 1 ' f o co I n 1 1 � 18.881 fat. I o Y ZOU Far/ ,'� I1 F/AL 'v 1' X SURVEYORS • ENGINEERS a LAND PLANNERS 83266 OVERSEAS HIGHWAY, ISLAMORADA, FL 33036 Phone (305) 664-0764 FAX (305) 664-0816 A DIWSKIFI OF MEGAmsION BUSNMS CoRpoftTIM LEGAL OESCRIPTION: LOT 23 and THE SOUTHERLY 26.00' OF LOT 24, BLOCK 1. THEREOF; ARM AS RECORDED IN ACCORDING TO 3. HE T AGE 141 OF THE PUBUC RECORDS OF MONROE COUNTY, FLOMDA. ABJECT TO AN INGRESS/EGRESS EASEMENT OVER THE WESTERLY 12.00' OF LOTS 23 & 24, BLOCK I, AFORESAID DOCTOR'S ARM SUBDIVISION. !0%L'j 1 X0 16QC (N. 10 sHaptum AMMI.V4rZarA op 177.2' (M. TO SHOREUNE). 149.61' (M. WITNESS) Ste• g.�?Y6'w!�'fxY,i zff'v arl 160't(P) 187 • 14,680 SD. FT. / 0.337 ACRES xv Q'(07J LSKA / x 1� 1y 1J 160.00' (P & M. TO WITNESS) x 236.4' (M. TO SHORELINE) JOB No, k06304 SEC. 14, TWID. 66 S., RGE, 29 E. MONROE COUNTY, FLORIDA f N SCALE: 1'm3O' 1- � d � d 9wRELM f 61.P. X0 \ t COl1NTY .Rom tr� _ — 6 RmcrMrRK pp FL410M go ElE -1a.42 SURVEYOR'S NOTES: 1.))) ALL CORNERS FOUND HAVE NO NUMBER DESIGNATING PREVIOUS SURVEYOR OR COMPANY EXCEPT AS SHOWN. OTHERWISE NOTED. 3.) NO UNDERALL BEARINGROUNDGS DENCROACHMENTS. FOUNDADISTANCES ARE TIONS OR UTIUTIPER PLATNEES�HAVE BEEN LOCATED OR SHOWN UNLESS OTHERWISE NOTED. 4. NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS, R11ITS_0E-WAY AND/OR EXCEPT AS SHOWN HEREON, OWNERSHIP WERE FURNISHED THIS SURVEYOR S. ELEVATION DATUM N.G.V.D. 1929, M.S.L, m 0.0, BENCHMARK: FL41930 SRD, ELEV.m1O.42 6. BASIS OF SEARINR LOT ANGLES a 9GY0o'00-, NORTN SCALED FROM PLAT. 6. THIS IS TO CERTIFY THAT I HAVE CONSULTED THE FEDERAL INSURANCE ADMINISTRATION FLOOD HAZARD BOUNDARY MAP, COMMUNITY No.125129, PANEL No.1328 K. EFFECTIVE OATS' 2/18 05. ANO THE HEREON DESCRIBEO PROPERTY APPEARS To BE IN ZONES AE: & VE, WITH A BASE ELEVATIONS OF 10' & 11' M.S.L ABBREVIATION LEG -ENO: F.I.R FOUND IRON ROD, SIZE INDICATED SEC. SECTION S.I.P. SET IRON PIPE, 1/2- P.L.S. WIS TWP. TOWNSHIP F.I.P. FOUND IRON PIPE, SIZE INDICATED RGE. RANGE F.N.O. FOUND NAIL AND DISK p} pip S.N.D. SET NAIL AND DISK, P.L.S. /4619 P{S PLAT F.C.M. FOUND CONCRETE MONUMENT M MEASURED I P.R.M. PERMANENT REFERENCE MONUMENT C CALCULATED P.C.P, PERMANENT CONTROL POINT pONC. CONCRETE P.I. POINT OF INTERSECTION COY. COVERED P,C, POINT OF CURVE P.D.B. POINT OF BEMNINC; ASPH. ASPHALT R/W RICHT-OF-WAY PVMT PAVEMENT ELEV. ELEVATION TYP. TYPICAL CERTIFIED FOR BOUNOARY SURVEY I HEREBY CERTIFY THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 61 -6, FLORIDA AOMINISTRATIVE CODE, PURSUANT SECTION 4 027. FLORIDA STATUTES. ac r Pert tea only 12/4/06 LAWRENCE P. FRANK P.L.S. /4619 OATS: 10/6/06 NOT VAUD UNLESS SEALED IW& Z GV Z g�- 1 1 N I 0 � 1 1 0 �0- I f ' ----- ------------ (0) '00.91 9