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Item S05BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 21, 2012 Division: Growth Manag meat Bulk Item: Yes _ No X Department: Planning and Env. Resources Staff Contact/Phone #: Tiffany Stankiewicz_ 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 Lots 21 & 22, Block 1, Doctors Arm, Big Pine, Real Estate Number 00310220.000000. Applicants requested relief in the form 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 flame 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: (1) 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 LU-A area (special protection area); or d. A designated tier III area on a nonwaterfront lot suitable for affordable 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 (1)(1) of this section. (3) Suggest or provide such other relief as maybe 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 #34 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: NIA CONTRACT/AGREEMENT CHANGES: NIA STAFF RECOMMENDATIONS: Approval in the form of a purchase offer by the Monroe County Land Authority and deny restoration of flood zone deducted. TOTAL COST: N/A INDIRECT COST: NIA BUDGETED: Yes NIA No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: NIA SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing NIA Risk Management NIA DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # 1200 �"' Y..d 1911.4a, ft . . . . . . . . . . MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: Monroe County Board of County Commissioners Through: Townsley Schwab, Director of Planning & EnvironmentalResources From: Tiffany Stankiewicz, Development Administrator Michael Roberts, CEP; PWS, Sr. Administrator E /nlr��Ofmnental Resource Date: August 24, 2012 Subject: Request for Administrative Relief for Akins Lots 21 & 22, Block 1, Doctors Arm, Big Pine Key, Real Estate No. 00310220.000000 1 2 Board of County Commissioners Meeting Date: September 21, 2012 3 4 I. BACKGROUND 5 6 The applicant is eligible for Administrative Relief, has complied with all requirements of the 7 dwelling unit allocation system, has been considered in the first sixteen consecutive quarterly 8 allocations and has not received an allocation award. 9 10 Relief Requested: The relief requested is a rescoring of the application to restore points deleted 11 for the VE zone (4), when the parcel was originally scored as AE, and any additional points for 12 time passed. (The perseverance points have accrued annually in accordance with the Monroe 13 County Code and have been included.) The Applicant also requested relief in the form of an 14 allocation. 15 16 Date Entered ROGO: 6/12/2007 17 18 Date Entered Administrative Relief. 1/9/2012 19 20 Date Amended Administrative Relief Application recieved: 8/23/2012 21 22 Tier Score: 10 23 Tier 2: 10 24 Flood Zone "V" f MCC Sec. 138-28(6)) -4 25 Perseverance: 4 26 27 This application was ranked #34 in Quarter 3 Year 20. Page 1 of 6 Reviewed by 07100486 1 2 II. CURRENT CONDITIONS 3 4 Location: Lots 21 & 22, Block 1, Doctors Arm, Big Pine Key, 5 Real Estate No. 00310220.000000 6 7 Owner: John W. & Glenda Akins and John K. Akins R/S 8 9 Applicant/Agent: Law Office of Ray Garcia, P.A. 10 11 Land Use District: Commercial Fishing Special District 8 (CFSD 8) 12 13 FLUM: Mix Use/Commercial Fishing (MCF) 14 15 Tier: 2 16 17 Property is not on the FEMA Injunction list. 18 19 2011: Total Assessed Value: $37,674.00 Purchase Price in 3/6/2009: Quit Claim Deed 20 documentary stamps do not indicate a price 21 22 III.Additional Relevant Information: 23 24 A. Habitat 25 The property is located in Tier 2 and is considered vacant according to the Monroe 26 County Property Appraiser Record card. There is a small old shed on site. Water and 27 electric are available. The habitat consists of "developed land" and is scarified, partially 28 filled land. Vegetation on the property consists of species common to low disturbed 29 properties in the Keys including broom grass (Andropogon glomeratus), beggar ticks 30 (Bidens alha), sandspur (Cenchrus spp.) and salt grass (Distichlis spicata). Many of the 31 species on the property are considered wetland indicators; however Environmental 32 Resources staff has not conducted a detailed assessment of the parcel to determine the 33 extent of jurisdictional wetlands. The parcel is not on the Wetland Lot list, and any 34 wetland communities on site (if present) would be classified as disturbed salt marsh and 35 would have a KEYWEP score below a 7.0, making them suitable for development with 36 appropriate mitigation under Monroe County Land Development Code 118-10(f). 37 While the parcel is NOT on the FEMA injunction list, it is listed as potentially suitable 38 habitat for both the Key deer and the Eastern Indigo snake. The parcel also falls within 39 the buffer area for the Lower Keys marsh rabbit, but in accordance with the Habitat 40 Conservation Plan for Key Deer (HCP), development is not restricted on this parcel as it 41 falls within the "green hatched" area of Figure 2.2 of the HCP and development is 42 permitted within these areas. 43 44 B. H Value 45 The H value for parcel 00310220-000000 is 0.0010, and mitigation for this parcel, if it 46 were to be developed with a single family residence, would be 0.0030. As of December, Page 2 of 6 Reviewed by 07100486 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 38 2011 (the date of the last monitoring period), covered activities had consumed 0.3694 (33% of authorized impact under HCP) and mitigation acquired was 2.105 (63% of total 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 $ 2012 Cumulative H impact 0.3694 Pending H impact 0.2361 Competing ROGO Him 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 (the subject property RE# 00310220.000000) was mistakenly marked by the surveyor as being in the AE flood zone and scored as AE. (Only the very northeast corner was shown as being in the VE zone, but the flood maps show approximately % the property in AE and % the property in VE.) The other three were clearly marked as VE on the applicants' own survey and site plan. These were similarly scored, although all four were 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 owners ("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. This request was granted and the public hearing for Big Pine Key and No Page 3 of 6 Reviewed by 07100486 I Name Key was continued until October 19, 2010, at which time Attorney Alexis Rodriguez 2 appeared on behalf of Mr. Akins asking for an extension to contest the flood plain points. The 3 Planning Commission accepted the staff recommendation to approve the rankings. (See 4 Exhibits P-U) S 6 The chart below shows a chronology of activity related to the subject application. 7 A lication No. 07100486 Real Estate No. 00310220.000000 Building Application Date for Single- Jan. 31, 2007 Family Residence The Applicants Building Plans Pre Tier System minus I for AE Flood Zone Indicated flood zone deductlon points Survey from Lawrence P. Frank Survey indicated majority of property in AE Zone and a small portion in the VE dated Dec. 4, 2006 Indicated flood zone (survey error discovered in 2009 revealed a different proportion of the .4E property flood zone. Zone vs. the VE Zone). Building Department reviewed plans Reviewed for AE Zone construction. for AENE Zone constructlon. Building Department forwarded May 30, 2007 application to Planning to contact _Applicapt to enter ROGO. Date ROGO Application submitted June 12 2007 Initial scoring of ROGO Applicatlon ROGO Application scored as if in AE Zone for uarter that closed July 2007. Scoring Error discovered EarlyApril 2 009 post Tier System should have indicated -4 points Date certified letter sent regarding April 27, 2009 scoring error Date return recel t was signed May 15 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 18 Planning Commission Approved Resolution PO4-10, March 10, 2010 continued with correct points 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 Recommendatlon regarding Staff recommended the denial of the applicants' request. _Appeal _Appeal.Schcduled to BOCC Jul 21 2010 Appeal Status July 20, 2010, notification from Lee Rohe, Attorney to withdraw item from BOCC Agenda ROGO Rankings Quarter 3 Yr 18 Planning Commission Approved Resolution P 10-10, June 9, 2010 continued with correct oints ROGO Rankings Quarter 4 Yr 18 Planning Commission Approved Resolution P21-10, September 8, 2010 continued with correct points ROGO Rankings Quarter 1 Yr 19 Planning Commission Approved Resolution P14-10, 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 oints ROGO Rankings Quarter 3 Yr 19 Planning Commission Approved Resolution P 16-11, June 8, 2011 continued with correct oints ROGO Rankings Quarter 4 Yr 19 Planning Commission Approved Resolution P26-11, September 14, 201 I continued with correct oints Page 4 of 6 Reviewed by 07100486 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 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 Planning Commission Approved Resolution P25-12, June 27, 2012 continued with correct points V. ELIGIBILITY AND OPTIONS Eligibility for Administrative Relief Options: Section 138-27 of the Monroe County Land Development Regulations and Policy 101.6.1 of the 2010 Comprehensive Plan provides a mechanism whereby an applicant who has not received an allocation award in the ROGO system may apply to the Board of County Commissioners for Administrative Relief. The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling unit allocation system and having been considered in at least the first sixteen consecutive quarterly allocation periods, and not having received an allocation award. The application was timely submitted for administrative relief and the applicant has not expressed a desire to sell the property to the County. However, the applicant has indicated he believes the initial scoring of the ROGO Application was correct and the surveys were correct. Thus, the Administrative Relief sought by the applicant is that "the property scoring be corrected to reflect the points entitled to the applicant and subject property under an .4E flood scoring along with additional points that are in order for time passed ". The applicant is also requesting an allocation. The perseverance points (additional points requested) have been accruing. Below is a map showing the Flood Zone of the subject property. Subject Property (outlined in blue) (24I2) White line shows separation of the AE Flood Zone and VE Flood Zone The subject property was marked AE by the surveyor. (The other parcels were correctly marked VE by the surveyor.) The AE designation for the subject property was/is incorrect. 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-W) Page 5 of 6 07100486 Reviewed by I The applicants are requesting that the BOCC determine the flood zone. The request is not 2 appropriate since the BOCC does not determine flood zones and does not have the authority 3 to revise flood zone designations. The Federal Emergency Management Agency (FEMA) 4 determines the flood zones. The applicant would need to investigate the criteria to change 5 the VE flood zone designation. Property owners may seek a Letter of Map Revision (LOMR) 6 requesting a revision showing their property is located in a different flood zone. (There has 7 been a property in Doctors Arm that obtained a LOMR.) The applicants may contact Mary 8 Wingate, Senior Floodplain Coordinator, for additional information regarding this process. 9 10 Relief Options under Administrative Relief: 11 The remedies available to the Board of County Commissioners for Administrative Relief 12 pursuant to Section 138-27 include: 13 14 a. Offer to purchase the property at its fair market value as its preferred action if the 15 property is located within: a) a designated Tier I area; b) a designated Tier II area 16 (Big Pine Key and No Name Key); c) a designated Tier III -A area (Special 17 Protection Area); or d) a designated Tier III area on a non -waterfront lot suitable 18 for affordable housing. 19 b. Grant the applicant an allocation award for all or a number of dwelling units 20 requested in the next succeeding quarterly allocation period or extended pro rata 21 over several succeeding quarterly allocation periods as the preferred action for 22 buildable properties not meeting any of the criteria in (1) above. 23 c. Suggest or provide such other relief as may be necessary and appropriate. 24 25 The Administrative Relief sought by the applicants requesting the scoring to reflect the points 26 entitled to properties located within the AE flood zone is inappropriate. The BOCC cannot 27 change the flood zone. Because the proposed development is located in a VE flood zone, the 28 code requires the four point deduction. 29 30 In the event purchase is recommended and the owner refuses the purchase offer, the 31 applicant may remain in the ROGO System and continue earning perseverance points 32 according to Monroe County Code Section 138-28. 33 34 VI. RECOMMENDATION 35 36 It is recommended that the Board of County Commissioners find that the applicant has met the 37 criteria and qualifies for Administrative Relief. It is further recommended that a Resolution be 38 adopted that establishes this relief by an offer to purchase by the Monroe County Land 39 Authority. 40 41 Attachments: Index of Exhibits 42 Exhibits A to W Page 6 of 6 Reviewed by 07100486 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 21 & 22, BLOCK 1, DOCTORS ARM, BIG PINE KEY, RE # 00310220.000000 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 W 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 21 & 22, Block 1, Doctors Arm, Big Pine Key in Monroe County, Florida having RE# 00310220.000000. 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 ROGO may apply to the Board of County Commissioners for administrative relief. ADMIMsTitAT1vE RELIEF RESOLUTION Page I of3 RE# 00310220.000000 07100496 S. 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(f) 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 is granted to John W. & Glenda Akins and John K. Akins R/S, for Lots 21 & 22, Block 1, Doctors Arm Subdivision, Big Pine Key in the form of a purchase offer by the Monroe County Land Authority. ADMINISTRATIVE RELIEF RESOLUTION Page 2 of3 RE# 00310220,000000 07100486 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 21" 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 Im Mayor David Rice (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK ADMINISTRATIVE RELIEF RESOLUTION Page 3 of 3 RE# 00310220.000000 07100486 Tier Designation . ... - ✓lam --------------------------- !rand Use Designation habitat C UIVTIf o�MON#`*0 Y wEsr nw�NRO aos�ts4sw Environmental Resources This map is for use by the Monroe County Growth Management Division only EXHIBIT INDEX AKINS ADMINISTRATIVE RELIEF APPLICATION 07100486 Real Estate Number 00310220.000000 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 Pages 1-2 C. Property Record Card Pages 1-4 D. Monroe County Tax Bill Page 1 of 1 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 1 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 1-35 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 1 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 W. Email from Mary Wingate dated August 10, 2010 and FEMA Regulations Pages 1-3 LiTer-?!sir-bor, hand Use Designation I�abitat OUiVTY o�MbNRbE �rtrwFsr nnMwaaon 63C6i l9f16n Environmental Resources This map is for use by the Monroe County Growth Management Division only. W �c LU c o ' ELL _ dwY emu' Er E W d g m f-W Mir ad O L z5 �O O y�j Ir c W i w�7� Qg —GCS e ► r = iJ W en d al�� g 7y1c EE44 ��6ts a *I uoi w r W ® m0 U1 c :L O Ga4 yIL II$$ �zg a U. 1� @ Ntoo px BPI m " n m w C " Q AW C w " x xi. n IRI " w • ® x�zM}"", �S€��i� �,�`�-- - k��,��. ;�, ,',R wr 14�w,.nrT��'� °` 'fit ��*�r: �a�`'"y„° , r a G��d� Y y � ��.. " �r' x�t"+^'n" xo-ar. "" `: � "� ,' "," "$,��k��l �P"y( �'fd' € �}4•� ' r �w'�xxw ,' R,� � :�i ar » x*pt Lu »",y�rya" Ik iri! V "r �t�" . ° 5y W xi�� $�FB Mx�µ� r � ��♦�x5'�t � iI - .�� i ._ _ ._ e, "_: off:"_ a"w"� xa� .".�T". w.'� x"m R+�wm"�s� .�C•� �� ". "J. t " w � ��> _ � °,".. " " ,_ " . " . . . .,, .� . " ,� 0 r,J \�� 7 • I I ' I'll . I Page I of 4 Karl D. Borglum Property Appraiser Monroe County., Flo *d1 I mmulammeq Plantation Key (305) 852- 7130 Property Record Card Website tested on Internet Explorer. Alternate Key: 1382337 Parcel ID: 00310220-000000 Requires Adobe Flash 10.3 or higher Ownership Details Mailing Address: All Owners: AKINS JOHN WAND GLENDA AKINS JOHN K PJS, AKINS JOHN WAND GLENDA PO BOX 246 KEY LARGO, FL 33037 207=1= 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 LOTS 21 AND 22 DOCTORS ARM SUB P133-141 BIG PINE KEY OR409-382/85 OR788-1431 OR849 -801/02 OR1384-33 OR2101-1457 OR2404-a41Q/C htti)://www.mcoafl.orLY/Prot)Search.asnx 6/4001 ? Property Search -- Monroe County "-operty Appraiser Page 2 off Parcel Map (Click to open dynarnic parcel map) 24 3IN40 18 9 20 21 22 23 NEOMEMEMMMIM A' 306950 Land Details Land Use Code Fr age. Npth and Area M100 - RESIDENTIAL DRY I ct 1 E57 7'7,00 MISF M,isc Improvement Details TYFW F) Unfts Lenigth Width Yew Built RvO'Year http://www.mcpafl.org/PropSearch.aspx 6/4-/201,2 2, Property Search -- Monroe Countyr-Property Appraiser Page 3 of 4 1 CL2iCH LINK FENCE 3,204 SF 534 6 1984 1985 1 30 2 UB27UTILITY BLDG 96 SF 12 8 1984 1985 2 50 3 CA2:CARPORT 192 SF 12 16 1984 1985 1 50 - ------------ ----- . ...... ........... ... Appraiser Notes PAST USE WAS FOR TRAP CONSTRUCTION, AS OF 11/09 UB IS VACANT, DRY PARCEL IS OVERSIZED FOR AREA - KEY ADJUSTMENT FOR 2010TR,NLI08 4/2012012 - PER MC BLDG DEPT, SFR PERMIT REMAINS IN ROGO, NOT YET ISSUED (SA) REMOVED OVERRIDE AS LOT IS BEING USED. LOT 22 (RE 00310230-000000 AK 1382345) HAS NOW BEEN COMBINED WITH THIS PARCEL PER OWNER'S REQUEST, DONE FOR THE 2007TR 5/08/07 JDC 2007/05 PERMIT # 0710486 FOR SFH IN PROCESS PER BLDG DEPT Building Permits Certified Roll Values, View Taxes for this Parcel, Aall 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 3,568 34.106 37,674 37674 0 37,674 2010 0 3,623 37,575 41198 41,198 0 41.198 2009 0 3,209 50,100 53,309 53,309 0 53,309 2008 0 3.246 66,800 70,046 70,046 0 70,046 2007 0 3,042 167,000 170,042 170,042 0 170.G42 2006 0 3364 112,725 116,089 116,08 9 0 116,089 2004 0 374 25,050 25.424 25,424 0 25,424 2003 0 374 8,350 8,724 8.724 0 8,724 1 2002 0 402 8,350 8,752 8,752 8,752 2001 0 440 8,350 8,790 8,790 0 8,790 2000 0 285 8,350 8,635 8,635 0 8,635 1999 0 302 8.350 8,652 8,652 0 8,652 1998 0 325 8,350 5.369 5,369 0 5,369 1997 0 342 8,350 5,369 5,369 0 5,369 1996 0 359 8,350 5.369 5.369 0 5,369 1996 0 382 8,350 - -------- - 8,732 8,732 0 8,732 1994 0 399 8,350 8,749 8,749 0 8,749 http://www.mepafl.org/PropSearch.aspx 6/4/2012 -Z Property Search -- Monroe County "ropeAppraiser Page 4 of 4 1993 1992 0 0 416 439 8,350 8,350 8,766 8,789 8766 8789 0 0 8.766 8,789 1991 0 456 8.350 8,806 8806 0 8.806 1990 0 473 8.350 8,823 8823 0 8,823 1989 0 496 8.350 8,846 8846 0 8,846 1988 0 513 8,350 8,863 8,863 0 8.863 1987 0 530 8,350 8.880 8880 0 8,880 1986 0 553 8,350 8,903 &903 0 8,903 1985 0 0 8.350 8350 8,350 0 8350 1994 0 0 8.350 8.350 &350 0 8,350 1983 0 0 8350 8350 &350 0 8,350 1982 0 0 3,507 3507 3,507 0 3,507 Parcel Sales History NOTE. Sales do not generally show up n our computer system untl 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 andjnderstanding. Sale Date Official Records Book/Paot_ Price Instrument Quallficatlon 31612009 24041841 100 QC 11 313012005 2101/1457 1 WD M .. . ....... .. ... . ... . .. . ...... . . . . . ................... This page has been visited 3,399 times. Monroe County Property Appraiser Karl D. Borglum P.O. Box 1176 Key West, FL 33041-1176 httD://WWW.MCDafl.org/PrODSearch.ast)x 6/4/901 ? V j- M 9 W 4 4 1 4 Val 64. CA 41 a 4 '1.' 7 64, 41 "ZI 44 19 4 1-4 '1 'k 44 In 4 4 m tN I 41 jaw IUU ....... ........ --- ....... JSJ, 141 *141 A Al A A 01 W A Lgoi loliol I C6 t LLJ oil cc x CID C4 ile 7, , FLARYDA IUM AQUEDUCT AU1HE)arry ax") P. Q. Bern 12MI100 Kennedy Drive Key Went, Fbrida 33040 3N-296-2454 Date. This form and data is for infexmadon only and is applicable ordy to one single family residence or one residential duplex undear. 3,000 square feex whose water. use requires a M" mew THE OWNER WILL BE RWUMM TO PRESENTA C0hffWFE SET OF PLANS SIGNEDAND SEALED BY ANENGINEERORARCSI- TECT WHICH HAVE BEEN APPROVED BY THE APPROPRIATE LOCAL Gf3VM&MT ENM- TEES FOR REVIEW BY TINE AUTHORITY'S EN EM ING DEPARTMi ' 4TO 6 WFJ=PRIOR TO APPLYING FOR WATER SERVICE, TO DETERMINE DMALLATION lr"M If mold family of commercial bu Wi*s) are proposed or if property is on USA, this form is not spplicabk INFORMATION TO BE COWL M OR PROVIDED BY CUSTOMER PLEASE PRINT IN INK ale! !c�Ii� it B I A FA a A mEmom No. 39 -Wtl LOCATION: Watdr Service to IAt(s) ! 9 — C,7- -;�- Bleak amvision .0&,r6)U A&M Sand - Lc1}% um &VP As reelrustoo the folWwmg information a provided an the above property: .� L . V�► .� dr�wlq' ir►disxta that there is an existing � inch warner main itt groat apt the Wbjeat propert' as and it is adflgtrda to provide water service to the subject loL Fred footage may be due at the 6rdulre. 2. O : FKAA dmwuW is hcale that liter is an calms a" water ttlaia M ffuat of dw subod atdAW (cartage is due for the sarbjed lot(s) dS for fleet; at S per foot. Due FKAAlC uskx r. 3.( A osiniodension will be nupired prior to installing water service to the subject lot(s). Ties mxiien = rir uiteimat. fdr the ermanion is l'me:ar feet of inch pipe, mchsding valves and will be subject to verification at the time application is made. The abov ii idfotnidim is 4he bed available to the FKAA. Shodd our s e:cotda be h as npktc or.inerror, the cult mer may still be rnq irnd'to •e xtdnd or upgrade the water savice in accordance with standard FKAA policy, pay a groat katap apt; at pay' edditiond anwurg for grant footage aaaessmect. THIS MtER g5 VALYY) FOR ONE (1) iMAR ONLY. NOT& Ww iadalla*u and Front Footage Fen (If applicable) are is addition to the asset of stay wafer mahr tezuaafoa at the errraer's erapeme. A oatspleta eat ett phma wlll be t+e7-- ea tea. FKAA PER. d Gd DATE ; White copy - Cudamer, Ydkrw copy - Engineenng; Pink Copy - Am Mace FXAANa 142!Mw 9/04) 00309980-000100 00309991-000000 00310020400000 00310030-000000 00310040-000000 00310050400000 00310470400000 00310480-000000 00310490-000000 00310500-000000 003105104*0000 00310620-000000 00310940400000 003109504)00000 00310990-000000 00311000400000 003110104000000 00311020-000000 003112004XXM 003112104000X000 003112204XXX)O0 00311230-000000 00311240-000000 003112504XX)= 003112604)00000 00311270-O00000 00311280-000000 003112904)00000 003113004XK)= 003113104000000 003113204000000 003113304XKK= 00311340-000000 00311350-000000 00311360400X000 00311370-O00000 003113804000000 00311390-000000 003114804000000 003114904)00000 0031150040000OO 00311510-000000 003115204000000 00311530-00000O 00311540-000000 00311550-000000 003115604000000 003115704XKKH30 003115804000= 003115904000000 00311600400000 0031161 0-=00 31 Yo - ccxx\-,�o 2- Z (Ic4fl C4 �p I Administrative Relief Application Ee Stankiewim- iffan y From: Natallne Garcia <ngarcia@raygarcialaw.com> Sent: Thursday, August 23, 2012 5:17 PM To: Stankiewicz-Tiffany, Grimsley-Susan; Ray Garcia (rgarcia@raygarcialaw.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. t485o SW 26th Street, Suite 204 Miami, Florida 33185 www.raygarcialtaw.com (T) 305-227-4030 (F) 305-223-9811 This message is for the named persons use only. it may contain confidential, proprietary or legally privileged information. No confidentiality or privilege Ois 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, RA reserves the right to monitor ail 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 a uthorized 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: Stanklewlcz-Tiffany<Stankjewicz-TiffanvMonroeCQuoty; FL,Gov> Date: Thu, August 23, 2012 S:07 pm To: 'Natallne Garcia' <ng a0raygarglalMry.cam>, Grimsley-Susan < - u - >, "Ray Garcia ( )" < r l > Only one api'catlon. was scanned. We needed to see all four scanned amended applications. From: Natallne Garcia fmallto:ngarciaC EMarsipi ] Seat: Thursday, August 23, 2012 4:31 PM To: Grimsley-Susan; Ray Garcia (raarciaOravaarcialaw.com) Cc: Stankiewlcz-Tiffany Subjec L- RE: administrative relief applications Importance: High el Hi Susan: Please see attached. Thank you, Nataline Garcia, Legal Assistant THE LAW OFFICE OF RAY GARCM P.A. 14850 SW 26th Street, Suite 204 Miami, Florida 33185 www-MY ' Ayvcom (T) 305-227-4030 (F) 305-223-9811 This message is for the named person's use only. It may contain con$dentiai, proprietary or iegallyr privfleged 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 system4 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. Tm4mury Department and IRS regulations, we are required to advise you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this tran=ittal, is not intended or written to be used, and cannot be used, by any person forthe purpose of (i) avoiding penalties under the US. Internal Revenue Code, or (it) 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 < - > Date: Thu, August 23, 2012 10:21 am To: "Ray Garcia (raarcia0raygarciaiaw.com)" <rg @rayg0rcialaw.com> Cc: "Natailne Garcia (ngarcia®raygarciala3g.com)" <naarcla0raygarcialaw.com>, Stankiewicz-Tiffany <StankJe)ylra- TiffanyOMonroeCounty-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 306.289.2500 APPLICATION MONROE COUNTY G -1 ENVIRONMENTAL RRSOURCHS DEPARTMENT titi�tn� � rb+ e; • APPLICATION FOR REMENTIAL ADM USTRATFn RELILf F Administrative Relfef&e: $1.01I.00 ATTACHMENTS- 1) COpy OP CURRENT PROPERTY RECORD CARD, 2) COPY OF THE D1D?D 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 APPORCI MENT TO DELIVER YOUR APPLICATION PLEASE CALL THE OROWTH MANAGEMEIVT OFFICE CLOSEST TO YOUR PROJECT. Property Owner's waob u .10hY1 W. } S t>s■��p to.4mmb —) Property Oww's complete malIlug address: Phone: Agent's Name ca.er.a terBs�.. yome Botl�erlaaea as ra. aam as p«o,d I � b G� Agsttt's complete mailing addrae: Phone (Please Mull a "dad statement authorizing _Wea MW. of this appllmg n a1I Tha Mtemmtt should road: `I, (owner's name) authorim (individual we authorit6� toby I�Pp owners um to represent my property fbs pethis application for Adminturs ive Roller. PROPERTY DESCRIPTION- Key j �1 Block __I_ 3uhdivtsion �511Pk� Key (Island).l Yh Umefn mtd ,stwanmeh legs! uGsw+rpflorr on � MM: — RE: D031t� :& p - 00W0a separme rhmf, BulMing Permit APP11c ion #:-02 Date of most recant ROOO appllmdoa: U What hind of adrahnistratfve reliefaro you saeklog? } lt) JVI!1:10 peao.Rmrrmo.,.,�o ,.eentetAit 6L mAWpmt@WmA8ftxtrma amttufar .cambft11r*A p.aXb. ' I nr �st!/.1f1/1 NOTARY: STATE OF FLORIDA Ap n s COUNTY OF_Mj(A}/h I --iYl r10 . The foregoing Bhgnetam was aclulowledged before me this23!d'y of TAN ,�pp J By i?.C.QI.i trytrsrr or rnmorfmaN N% - _who is penandly known to the or pfodueed a identification. My� ea a ' sJ jSO 3 O'sn— 01 J40mWFubllQ,SteofForida TO 101 0, APPLICATION MONRONCOUNTY ® AL URCES DEPARTMENT APPLICATION FOR RUMMYnAL ADMMTRATTn RCLW AdmWertitive Relief fee: $1.011.00 JfaWWa Ct7/pO Code SacWaw 139-27 Requiroataaq fbr Adwlntrrraeha Refit f, If an applicant for an diecotion award: a. Whose applfaation end lhlls b receive an alloOgion aK roq apply to the board for adminiumativa relief purgynt t0 die terms and o dlt oars selfi�p ct mil o b � praProsd developmaM othsrti►Ise meets all app11g61a county, gat4 and federal Whose sllooadmt IWICWon hn sad i. Who has eanPlled with on requirement, ofthe Permit AllOcafEan flyeeert �1eent afaflows 1tt�dures for admhtheradve relief 000tahted in the lead development (_) An ePPlhretian for admL+btrad" MIW +hall be made On a lbrot Planning and may be Slee tvtt6 t'a DlreeWr of Plarmbtg bier-lbed by the Director Iof h AWLQLAA (3) upaa filing of an wino ft admbdsttedva rsale4 the Dlreetor of Planning & Environmemal Recourses shall imv-d to the board all relevant mW and MM& reletfng 10 the subject the wh ad Ste an appucatlaa shall constitute a wafm ofany rights under this cecdon to III a molt of the dwel OWW� bow m == �° county""it payment nrjmt pompensatba (4) upon rtxeipt of en application for admiahiradve rellef, the board shall oOdoe and hold a public hewing at which time tho epplieant will be given an Opportunhq to be heard. ;r 1 (5) The board may review the raievaat spp"nedona and Acm eoomy staff and others as may be n°0ca*ary and hew evehuatlon . takbtg testimony evidem:e submitted by die sWicant. talimony and review dommentary At tho cooduslon Of the (6) Monroe Count)' Code Sectiioon 1 blic bOwinL the board m y takn the following actions pu rtum to and Policy 101.d,.d: � nd Monroe COa"4' �mPraAertsiva Plea 1'ou0y 101.6.] a. oft to P>�hate the Property at fair market value as the Scats of COtmq Commildonas Preferred aotlou 1f 9te Property IN located within: I. a desk Tier ] area; IL a deslgnmed Tim 11 area (Sig Pino Key and No Neese Ili a dmigoeted 71er 111-A aces (Special ProtectionY� Asc4; or Iv. mark+adeligrWed7shaII III Waco a naa-wduf at I saftabie for ditclshlehousEng. "Pair _ anerrant which fs no ]ell than ad valorem vejuuien In the b Permit the mhrhn�q Real �y Tux roll fcr a m year 1997 0m re"cosblc economic use or the property, "Mlnlu= reasooablo economic ace" ff minimum as spelled to a" raidmUly zoned lot of Suggest such Other relief ��be a ry anofftPlad @Pproprkto-- d p 1 a s is fkmily�r was to (7) m�a is on sdlwad it41 Sans per quarter. The number of alt«atlor,a dot any be awarded availablo market rate dlocations availabany One le aaraeer shad rw more d'art fifty Penomtt of the total fEfly Pa►eeau chap 6q extended ava rhosucceedingquarter Pot that atbWom Amy ellocadoca is atoem of arien NOW llocations h fifty Par eat or less or the total r oar�or n rak eel the number of sued awarded OestiOeu available to be (8) 1 �of�purehasa alfbr Ery the proppty owner s'atl not be grounds for tb0 gnnti>* of a ROCIO PW 1 Oft Aim 1WIOf Residential AppUcentelnftisl and dela AAppuoa,ian Dec 3 201O.dOc Eo i Property Search -- Mon= Cody Property Appraisal Page 1 of 3 'k f' Karl D. Bo lum � affirs (sos) 2e2-3420 property Appralser fax t3051292- 501 ebstteftd on Monroe County, flodds ' I E ODD t (; Mjl p— ing requirett Addlie Flash"10.3 or -higher. (An Export Map widget Is In the lower left corner.) Property Record View Alternate Key:13M37 Parcel ID: 00310220-000000 Ownership Details waam Afanrs Am OWNW. ° MM JOF01 W AKD OLEMDA AKNB JOIN K RAs, ASONS JOMN WAND GLENDA PO BOX 240 KEY LARGO. R.88037 Property Details r Pc coat w- vVzw REVaDMAL NOMP oroop: 160M Afford" Nb Pjaw 54eaa>•7bwhtlap• 1�m plopea Logoom YACAKTraT FM LM BIG PRO KEY SWWWIWM DOCTORSARM L "M Opor%gk. 8K 1 LWO21 AND n DOCTOM ARIA SUB PW14�1 ad PNE MY ORA00.]a?lab OR7a6 1431 ORe4Y � 4o1A02ORISO&U OR2101-1487OR2404-61101C N Ladd Details Laed U16 coda Irrormm OnoLand Awo M100-REOMMTALORY 100' IV 16700008E Mlsc Improvement Detalls H A�A'41'1ip41 1' IN PRO.IE= AKINS DEVM.OP4APW LEGAL AL 12¢_MRIPiION BLOCK 1. LOTS 21 & 22 DocroRs ARM, B]G RNE K&Y REAL EsrATE NUMM 00310220000000 10l21l2011 71 71NGLMt LANE, N ARATHON, PL 334M WWW.JUjA-cHAONfi cTKA LQDM PHONE (305) 3951 gm FAX (3OED7R43ASS7 I _ Yod r, i.atg21 12 lNxao.% Ams overview, IU fbDowin now includes a site description, a He of vertation Iooatad ou ltitq, and a map indleating fire Ioeatfon of itleveot f`eatuies eod'eff Tdsted epeeiee. ._ _ .. .. _._. Site visits were performed on parfamtad on Octobet 8* sad W4, 2011. - The above ref tined parcel is approximately 16,700 square Feet (at) and is located in an unproved subdivision. The parcel is bordered an the east and vwst by similarly vagetated vacant parcels. it is bordered on the notW and south by pared roads, Witters Lane & WatsonBoulevard respectively. Please see "AttachmentA" for a locatlan Asap. The property is located within the National Kay Door reAWL The diadvbed pamsi contains a large stud and is predominantly vegetated with ground covers. Several room -native iaadscape palms ace also located an the property. 7be substrata was predominantly it mix of sandy organic material. One small depraasional area oontslned a slick mucky soil. The larid`appeais to have been previously used for a trap yard, as trap debris Is located on site. Areas of concrete wadb o A were observed Shell frsgtnen pres®ably scraped 5om train, are located on the property, Deer scat was boated throughout the property. The Monroe County Habitat Maps dasa* this parcel as "Developed Lands " 7be parcel Is predominantly vegetated with An&vpWn gloms, Phya � F"Wis cyvwa, Sporabolus vAgi kw and DirtWls ipicata. Many of the species located outside of the shoreline arc considered species that inhabit wetlands. There we pockats of algal growth on the parcel but algal putting is not dinfiva With the aceptlon of the of rramamiamd pocket of soft, no other wetland Indies veers Iocated onsite. Formal Jurisdictional wetland deteamhsetions fim the Florida Department of Favironmeatal Protection and the Army Corps of Deers are recommended. Yeaetadve Snecias ofNata B raasilian Pepper Is the only invasive exotic species regulated by Momoe County located on site. A11 Bazlllaa Papper must be eradicated fFom the site prior to a catificata of occupancy being issued Then is one Listed species (Phyla rmd&ra) an site, A species is considered hated if it is designated Endangered (E), Threatened (T), Regionally Important (RI), or Commercially Exploited (CE), or if it is a Native species greater than V diameter at bnma height 00 4"dbh� All Listed species sluice mitigation if impacted by development. Due to the prevalence and the treat -forming gmvrth pettern of the PWa N It-G9. I , ? out V .G. ?_ Uf cior A,nr r-OdDOWN individual species VMe not togged. Whom possible indlvid» ai speairnan were identified ,Tn areas whare.the dohs�r of P. !md{jPcm►a 6rSHeloatioL afplan� Mb" with dense gXmnidoovees`prsve� the i�eiiti�€catloe of?fodiviaiiaf tom being de�en�ned"tL'e. number of apecimen,were est?xnated as hilows: Obseavation of individual gmimen i uilc oted that a-mAtum plant spread to art i 3' a appro;dmately a-3`rea for it total of 9 square feat. Areas wilb dense coverage were measured and the number of species estimated utilizing formula of I speciman for every 9 squam feet. Tb iteiltwo anuirwration the parcel was divided into sections as shown in Atttehment B. The riamber of Phyla nodiflore located in each sec tim is iadfcnxd on the map. Monroe County Code mgwm monetary mkqpdm for all impacted species. The mitigation amount is calculated by ARonroa County depending on the species and its ire All protected species are shown on the attached moqx please now that locations are: approximate due to the density of the vegetation and the limitation nP the meanufng device used (mosiuriogtope). Appropriate perm mart be obtained from Momoa County prior to rearoval of any vagotation. Please consult the Monroe Con* Biolagiat for specific requiremonti. Pieate " free to direct any questions regarding this report to the author at the above referenced contacts. EO 19 �r rry zwk_ diem Brmm Gras BAkwAlba BawTiala Ba"iAkfineteam SaDdsy C-Odmf46rmh IAftvhe Chanascs6 do0nvm apww B Pee Cmaompo ream clraeeBuMdwwd Camcaiddout, DwWfC@rAIAWHarsewead Q ea mgaa{/hNrmr calf cmm SwdbwAv xt Qpwusltpdatr Ball Raw Bwmtp Fist 8sdp SW O12" B atoms CM60M 8aside Gmttaa FiabrfV& oyomta (aA*F. lbttrinae cites P46 faro UAU& read spavocawymdAwo Sbmbby Uo Bmp wsd 7yAiqxgvmxbwu Coad"Mm wartwrtablAw Sk"M-199 Bse@o Lwwsa"Fab= Komi-5teeue s MOM S N FACW Q W) Prarabat FACW+(ACO� N N OBL (DBP, NWI) N PAC - QM N N FACII WWI) N FACW N FACUMWI) N Frepas FCBLM N F� (NWI) b N FACW N PAC OM) FACW (NWI) BI FAC P)M FACW (NWI) ex N OBI.(fMFACW+QM Pwvakot me N OR DPP ex ? END 5�o0tIC Endartvated m"md" Cal" ve newrWWWO v > fE3f frnmeMe 6ratlt: AD Protbabd RemwN PrlorPfWio CQ Required 3 N NaM a -C dbh pmbdad `t @4, tvirteN Re,pw AN ppro, WcWdd TRI �•,�nnn..��.'Fr�'.�+n.�:. �M n..n.rn•. ^r...;f�.. .,_"_f.r.,�7':sv.i>.-.:�fr..w..n.:,v: IM a e� 0 Eo 5 0 1 " I I 1 113 1 60m N On March 2010, the applicant Jahn K. Akins, filed an appeal to the Board of County commissioners about the reduction of R000 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 dt 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 19 places in the ROGO system. To better understand the impact of this error by the staff of Monroe County, the rankings prior to the obaage 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 conchrded 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 IN and subsumW monetary loss has occurred. The applicant believes the initial scoring was pk correct and the surveys on record in this matter reflect an AE scoring. The adminishative relief sough by the applicant is that the property scarring be corrected to reflect the paints entitled to the applicant and subject property wader an AE flood scaring 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 necasary permits to build. EO EO 0 I "go I 1 !03 v IEII I 101 M m County of Monroe Growth Managemot Division v M PAX, amzw4m lido N Qmmx t14t 4 A4mArr Man�p�rdsadmlJhir CBR7V= MAIL 7000W OM 0488101 Apr927,2W John AWN 1Q7Fb*Tensoe KWL@M%M.33037 R& 1t4O0Appi[eefi me 07100ft 07100M. Q7100M; 07100M I)M M ANIN The FliL*s A BOVh===W l og== Dapuaaw hu S=d a waft am as R0130 .pplfae�looa 07IM494 07100M. 0710W.' 072MM. The p qmn d &mmbpmmt ht each of 6= =Uwfiom to foalted in *a M flood ZOO 71mdx% m& bm bees Oft den .4 point mdg�tfwb*glo=W im We "W moms a mdd tfmd hz=d mm 4lfymmbmW omi mtmvet30�5•480i13. co: TomWay 3cbw* ftwing & Bmkm=gd Rm = m Dir Mr m MI I V4 13 v *4* silo m m- 11 MEMORANDUM. 1ltiotetto8 Ce)rur��Y Pl�art�ci $ �{'AL 1teSOt75t�s 10IITdRTheFJt7' To: Planning Conareinion F=: nffeny StauhmWcz, Development Admin9strator Through: Tovmsky Se hn% Sr Director of Planning & Resouroea irate: September 17, 2010 Subject: Residential Dwelling Unit 2Wudon Report for Big PmaWo Name Key Subarea QnatW 4, Yea 18 Meeting Dees: Segrntmber 86 2010 omNmued to tieptsaaber 22, 2010 1 This report has been prepared pursuant to Section 138.26 of The Land Dcvclopment Regulations 2 (MRs). The proposed rsaideaW dwel[mg vnit rznkbs w (Big PinWNo Name Kay SWN=) 3 attecha to this tgrost are for the four& quarter of yleu eighteen wbich covers the period Aped 4 13, 2010, tiatmgh July I2, 20I 0. 5 6 7 8 The pulAw haaing for the Big PmdNo Name Keys Subarea POGO allocation and raa ft 9 dettsminsdon was condoned by the Planning Commission f am September 8, 20I0, to Iet Hams 10 Prevatt present inlnantadon on behalf of hdr John Aldus regarding flood zone soaring carrudoos I 1 for p porch idertdW by real estate nuraben 00310220.00000% 00310240.000000, 12 00310280.000 M 00310260.000000. 13 14 A. AIMRY OF AKIlJS APPLICAUDHA- 15 16 On Much 30, 2014 &a applicant, John K. Aldus, filed an appeal to the Hoard of C.oawty 17 Commismanws about the reduction of ROGO points and toes rmldngs approved by t&e 1is 9 Planning: Commission March I0, 2010 under Resolution 04-10 wbkb eiiected his Soar Applications. The aubjed panels and anlicadous arcs under the ownership of John 20 K.. Akins, Jahn W. ad 4leada Alcltts. Tiaet appeal is Used on domigind mconect moms 21 of The properties as being in an AE flood zone whm the properties are, in hat, in a VE flood 22 zone (4 poirue). 23 24 Monroe County Code Section I38•I, Appah states that an appeal frmn the decision of the 25 Planning Couemission on a ROGO allocation ehall be made to the Board of County 26 moaners within 20 days of the Planning Commission's decision. The filing of an Tar I do m H 1 appeal does not Stay either the action of the Pknaing Con=isdw or the action of do 2 Planning Director. This appeal of the approved ROGO Rankings by the Punning 3 Commission r3nm March 14 2010 was filed in a timely manna. However, the actual point 4 reductions and tanking changes cc tuned in June l0,' 2009 by Planning 5 Resolution P23-09, The Code does not speclfjrdw the appew must 5oliow after any specff c 8 Otiginsib staff alas prepared to =he" do appeal at the Iwo $0l o Board of Cbanty 9 Coaumissonera meeting. However, ptior to the arKda deaftr, W. Pmvatt requested that 10 the matter be heard at The July 2I, 2010, Hoard meefstg; which request was granted. On July 11 20, 201k Lee Robe4 Esquire, requested the appeal be defetned from being presented hefare 12 she Board of County Q mudasion e. The sppHcease decided to defer the appeal in order to 13 first presarrt Weis objections to fist Planning Commission since d"Heants may offer 14 teeny about their gVbcd m at any public heaximg coo an ng ROt3O in any quarter @a. 15 Rohe no Ionger rqm ass Mr_ Akins in this madery 16 17 Shroa the scaring correction, the Planning Commisaioa bars rovlewed and approved 5 18 quarterly railings refiading the searing oomwb ms, Neither the applicant nor authorized 19 agent where present at these public henings. The last approved qusrtdty Mk ngs for Big 20 PindNo Nurse Key subarea were on Jane 9, 2010. 21 22 B. Apt catiaas_ d Locations 23 24 Appiiasao s and Locations: 25 26 1) Building Permit Application & ROGO Application; #07100496 27 28 EaggMonrD�, Ffotab 21 and 22, Block 1, Doctors Arta Subdivision, Big Pine Kq, rwa 29 Red Estate Number 003IM20.000000 30 31 2) Bwldtng Permit ApPlfeation d: ROt3O Apprwadop #07100479 32 LOSAI Dualpfion: Lot 23 and SLY 26 6 Lot 24, Block 1, Doctors Afar Subdivision, 33 Big Pine Key, Monroe County, Florida 34 Red Eahte N m2ba: 00310240.000000 3S 36 3) Building Permf t Application & ROQO Applf cation; W71 t1MS 37 Legal Dm:d tics: Lot 27 and NLY 51 R Lot 2ti, Block I, Doctors Arm Subdivision, 38 Big Pine Key, Monroe County, Florida 39 Red Pima Niumber 00310290.000000 40 41 4) BuiIdmg Pen*nsitApplication tit ROOO Application: #071004113 42 Legal DFaaiption: Let 25 and SLY 17 R Let 25, Block 1, Doctors Arm Subdivision, 43 Big Pine Key, Monroe coancN Ftoritla 44 Real Estate Number: OM 10260.000000 45 46 Owner. John K Akins, John W. and Oleada Akins PW2ert NI I 10 11 I3 Agmt. sawPrevan Land Use District: Cal Firhing Special Dirlrict (CFSD-S) Futam Load -Use Ma OUJMi Dmigunan: Wined [1atlGoWaeial,Fishing (MCp) C• 1111_:A71W, JOI ; _g JAM The chart below shows a chronology of appiicatian subsmtmJ dates (Building Dot Applicatlons to ROGO Applications), description of flood am information provided on Building Amboatian Plan sohrnf8ala, sar+rey subummris showing flood nm infinution, appmximw* die of smdag aror discovery, scoring error notification to applicants' address ofrean 4 Plsaaing Commission ltembak ds f mbeating emrhtg error omwdona. rrs•i c(r WA pelMr+d nmldouY aMalBloaS Daubs ASpaaanot for AE Zaie RavWmai Itr va am Revlead for YE two ROWOWed far VE mac frovkevd pIrm for mmttvaim awssuvettan aonetn«bion aooseraetioa Aafra MOD I #ULM ft-Re" ° MWAM7 11 Tooa420o7 , hnab zo6� beted,�� ea aaateet wpt(eped to Stier '' r:ooa Dab Rom I hme 12.2007 1 lama 12.2007 I hma 12. 2007 Jvw 12.2M ROOD Apptkataa maad U if is AS I maad as if is AE Iraoecd- a if he AE I movd m IV in AS far Ow" due, Zoos (m indicated by Zone i cmvd In aear) Zma (amrat i4 "m) 7aoa(e"" in axdJ deed J swag L— Easy ApM 2009, pan Hap AprR 2000. pm Eady Apfl JOK pm EMy April 2009, pat dlacorard 7kr Srmm AWN Tier &Amm Should I Mar Sys= Sbadd I 1 Tkr Synem Should bSw Ieidiaed d harm iadksted .4 bm bmflmW 4 haw Maamd .4 Dab eaetlflad Law Aped 27, 2009 Ap fi 27.200 ApA 27.2009 Apd127, 2009 .100 Dote esltita raealpt [Me,' IJ, ZW me 13. 2009 May 13, 2009 May 13, 2109 ROOD Rmkkw Pkm� Pia Ph"139 Pkmam9 C.aoti�4 Qoarhr 3 Ye 17 Appmad Rmkdm Approved RmWWm Appeoved Raohnion Approved RSadvdm below a� Pp2b"= , hoe 10. 2009 P2149i hos 10. 2009 P2! 09, hme 14 20a9 P234M how It 2W amom YAM ReoldaaS Plndry Comndaiai 1. Pbmoiot G�o®irdaa Pirmim- tam PIM=t i C dSdon Qonier 4 Yr 17 Stlll Approved ReoloHw Approvd Aotah+Bn Approvd Ramkdm Approvd Ramhdm eefaeaasad dm P42a. Saps 2, 2009 P .0% Sops. 2, 20a9 MO. Sept 2.2009 M24k Sept 2, 2009 kOGO MEW P —kx as PAApkp�Em Camimlon PAkppm�aoio9 �d mmd� aQar<heaedl mdrh PSSA9, Dec2009 P3i-04 act 13.2009w P3S-09, Orr 12 20119 PSS-09, prat IJ, 2A09 ROW RaWkfir Phmlos lion Pb-ft C Phmiej Camel PWWM Qpeatm 2 Yr 10 Appeoved Raaokdm Appoved P"utlao Appoved Radadoa Approved knoiudm eae!I mod erlfh PW-10, Morale 10. P01-Ie. ttaab mP01-14 Marsh IQ PO4.14 Mamb IQ 19W" 20to 2o10 30I0 2010 ON Plaadaa Camntsaio0 KNOM Commwm Pla wft Ommdoelaa PkuoaK i7ommlaiOn Qm"v 3 Yr It Approved Rrsaiadoa Approved Rsrobufaa Approved Ra Wudan Approved RamIa*v 9=d"ed ernh PIO-Ia.hmo9,2010 Plbb..IO. mee9.201p PI010.hme9,2010 P[O tO Jme9,2aIO ROW MOW;;; PMd* Cearm+keico Pbua441 Caroadratea Piamb� Cmmdu as Pb�=N5 Qm tar 4 Yr ig eaeSieped ew ravlaw Sods-,, $a twins amnud de eavkm maimedeamdmw •IM d Slp PbroRSo Nerve of DW PiaWW Nema of INS PbvdNo Nerve d W4 Pt eorrSet Prink J* Suberaa to Kay SOW= to ICay . Nun to FX4 Wma to Z The above chart shown the pwd=f iltbfmadon fi= the imW submittal of 01e four 3 appffm ions to the Building Department. Thm applications coetsined Limon on do 4 building pleas and ffvep showing the properties loosed in the VE Hood tone, while obe 5 set of building plans and the survey ineDcrocdy showed the pMwty located in the AB Flood fi 7A= When the Applicants n6setlumtly entmad ROOD m June 2001, staff momeetly Pa¢tofl 1# I scored the applications without a VE flood none deduction of four potats pursuant to tin 2 ordaunoe criteria. The errors were discovered when staff rewarched the applicatims based 3 on ftbrmuion from another applicaont, raeceived by the Naming Department regarding point 4 da tndiatas for the VE Rood wen One ofthe &u r apptidathoof vats scaead'in haler liaaeaf on 5 err Incorrect saucy, which wai.disoaveeed by &Off aft Ommirdng,the Flood lmmnncaRata 6 Map (see map in the Section B above which shows the property boundaries aqd VE and AE. �. .., 8 9 On April 27, 2W9, the Applicants were sent a oettif2td letter to the address of record 10 regesding the scoring attar. A signed certified receipt dated May 15, 2009 war rdmmed w 11 the Planning Department Subsequently, the scoring ocirec ions fir these applications were 12 iden6.fied on the approved R000 ranidng% which are available in the Phuming Department 13 and an tha County web sit% Frnm the h*rm atim is the faregohag chart the rantadttgs was 14 adjusted and malnUined at fen quarterly Planning Commission mmtkW and the applieaW 15 did ad appear befix the PIarming Commisdaar. 16 17 D. REVIEW OF APPLICATION: 18 19 Mr. Aldus a gnesdoting the reduction of the RO©O points an the tbur applications swed 20 abova Howava. the actual VE flood tome point change occurred whoa the Planning 21 Commission approved quarterly rmlm>gi on jute 1 % 2009 (see Resolution P23-09). 22 23 Iu April of 2009 the Planning & &mmm =W Resources Director reviewed taw 24 doctZseutaHon (alias, flood zone naps, surve^ plans, ate.) to da teaahe if a scoring error 25 oecucred by'aallff tegstdhng the flood mats paitkm. Aft the review. the Director daakWined 26 shah a=Re errors ocmwed on the fear appiiea ow. 'ihcreforea, the applieanpe were sent a 27 certified tetra (Certified Mail Return Reoaept 70M 2150 0001 OM 1131) dated Apra! 27. 28 2009 receding the flood tone scoring anent, which wav signed for on May I5. 2009. The 29 applicants wean notified as soars as the arena• was discovered. ��f1��f' 30 31 The Npa �t � to to in order to preserve the rights of other dam, the applicmaW moveddown 33 appmcxmnately IS places. r&WWW prior iD the eerreeaoas � the 34 raked 2; A A & E5 aad the serest ranlriags wltirthe oerreadfm dwwed threes. at 4k 35 416 42, & 43. 36 37 Mr. Backs Prevatt came into the Meaning Department is November of 2009, reracsting 38 information about these propmfwa, whidr was pdor to being m agent on the ROGO 39 gVlicaadom go later acted for wfiorQuatEoo about an appeal. Appal information was 40 pmvided. On March It.2010, agent saWwrivaon was submitted, 41 42 The properties are located in the Sig N OWWO Name Key ROt30 Subarea. 'Ibis aanbarea is 43 limited to 9 market rate allocations per year, allowing for 2 allocation per quarter. provided 44 them is enough mitigation to cover the H-value used for a floc adons. In the quarterly 45 rankings approved by the Planning Mission March I0, 2010, the two applicantc who 46 re ceivad allocation awards each had 20 points and the subject applications of the this apped rose s ors m 1 each had g pouts. On Tune 9, 20I0 the Planning Commission reviewed and approved another 2 quarterly molting on Sig Pine/No Now Key Subarea, which rsfiected the applicants v zone 3 scoring. 4 5 It should be noted dw these epplkatfons will be eligible for Administrative RWief after the S donors of July 2011: , Pt= the desire of the lb' — 4�uuartetc,' eater the ROQO 7 ai catiaa , ii i made, tha ipp C ia W 5aye y` days to su�fii -xdauafshctive Ptah' 8 Applications. 9 10 7'lsere is as alternate avenue available for the applicants to investigate riding the VE flood 11 Zone designation. Property owners may seen a LAtter of Map Revision (I.Ol4dR) requesting a 12 revision showing their property is located in a difl'ixeaI flood zom Them has been a 13 property is Dodoes Arm that recently obtained a LOMR. The apphcenfs may canton Diane 14 Bair, 4wWd 1Pro"otsTloodplam Adnuaistratcr for additional infnrmuion regarding ibis is proceaa 16 17 As as assdo, the applimft should contact fhe survtyor regsrdiitg the need tar a corrected 18 survey and also. should coubm the Monroe Ca Building Depa =not regarding say 19 braiding plan corrections that may be required for the property fdeatid£ed with real estate 20 number 00310220.000000. 21 22 suff coaabWw the scaring was correctly adjnated to reflect sba VS flood point dahz4on. 23 However, if saw avi ante is submitted to show dw propertka ere is the Ala flood zano and 24 no portion of lira structoz a ip loaded in the VE flood z onae thm tits pobus could be positively 25 adjusted wootdingly. 26 27 M FAC`MUFDIC =MANlVMW ��ti�BloNll�r 8t 28 29 Mom= County Cade Section ISS-26 (c)(3): 7be basisforany planning gommissioFn chmagw in 30 the scoring or rat UW of mark raft appUcalious shall be specified in the 903 of a motion to 31 adopt the sHoadeo rankings cud my include the fiollowkV 32 33 a An error in the designation of the applicable suberea. 34 b. A mistake in the calculation of dedicated or aggregsted lots/land. 35 a A mistake to eadgament of the tier map designation in the 36 appliotion, Sack a mistake in reeding fhb der designation is 37 sppiying points for the application, any change to the tier map 38 Most go through thepumadares for amendment of the tier MAP. 39 d. Any other edmWstrutm amr or ouniesico that may curse the 40 application to be iuocnwdy scared. 41 42 A review of ties Akins applications showed a scaring error was aside by staff. Subsequently, 43 staff corrected the sooting to -Ante m die integrity of the ROt3O scoring systr�Rn. fine code 44 allows the Pluming C=Wssioa to 4uat a soore if the change is to correctly adjust the soon 45 The applicants' ROt3O scares are conroct; therefore, the scores ctmot be adjusted to reflect 46 incorrect informatlon or an inaccuracy fn appUmdans or was by staff to raise an applicent's PwA ors 0 IN ES m I score at the expense of others in the ROGO ropup tftion. It is the Planning Cammissrana 2 obligation to cotrect an error or sn omission that mty cease an iowonut score. 3 4 5 6 A. Pmsaaat to Sactron 13" thetwmbac ofannual allooaOOM r;vu'l$*Jg 147. 7 8 B. Smdo�n 138-7A(d) aliom any wnrecd pautian of aSbcd" housing allaxtiom to be 9 rnained and rolled over into the next dwelling unit alloeatton year. 10 I C. ScW(m 138-24(a)(4) allom the Plmning Commiwicn to aatend the affordable horning 12 13 1 om daring carry ROGO quarter. 14 D. Secdm 138-27(g) limits a kdWstredve retie allocations per pater. The nrmbe+r of I5 allocation that mty be awm ded under eve relief m arty ftbatea quarter sW 16 be no more tiara fi8yperceat (SM) ofthe bath available madcet rate allocations. 17 18 13. Section 13824(4)(6) limits on the nmtbw of alforab m awards in 7%w L The annual 14 nmmber of allocation awards in Tier I ahali be limited to :p more teen three (3) in the 20 Upper Keys and rw more than thm (3) in the Lower XWL gig PineWa Name Key is 21 hmited to ten (10) allocations otrora twenty yewperiod or H a,2 wbkbewh lower, 22 23 Bebw is a table tracking the Tier 1 atlomadoas by quutme =. 24 25 26 27 28 0 31 H 34 35 36 q� 41 42 43 F. I&nrce County Code Section 138-25($ Expkzdm of alloceoe award.. PYoept as provided Som in this division, an allocation award alall expire wbm its canesponft building permit is not picked up afiar sixty (60) days of w0cation by certified mail of the award or, aitQ issuance of the bmIding permit. a. Monme Comty Section 138-24 allows a total of 8 market rate allocations pa year for the Big Pine/No Name Key Subarea. H. Momoe County Code Section 13826 allows the adjustment of mkLeWd RoW 0110c2ti023 at the end of each qusrtely allocation period of additions or subtractions w the basic dkmdon ava WAo by atba= such as the mrmber of dwaifiag unit elioaa On awards that expired prior to the issuance of a eontspoaft bdhii,;g permit. 02 JMMUA77QNAAV 94N1 MG: The avaluatiea of fhe allocation applications was performed by the Planning dt Envimwmtal Resaarcas Depmunant Positive and negative points wens granted in compliance with the PS"7afa -20 I evaluaaou rdiaria cnnitined in SeW(m 138.28 of the LDRs for the Big Pind No Nape Key 8ab- 2 areas. 3 4 if applic aurae received meaftaal scores, they were first rukM by -date itnd bale and lirrthef 5 ranked hosed on the apAcanm with the fewest r*gpfrn number of poin4t.on the same day. 6 Pfikim note. that *y exoess,atl4 ians:9p red mast bn deducted $o{n the .ssCxt erl 7 allocboafddgursu hnoefountF�fT385(e — - _ . _ _.... e x A 13 The number of apptir dad in the Big KmWo Nam Keys was peaerthan the quarterly 14 ailoeatioa awards avaiWm Pa Section 138-25(bX7) of the LDR.% the raakigp that indicm 15 which applic owns received sufficient paints rocafve an atlocafioa awed Aft additional page u Iattarbed which idmtifiea the [ooatEa� of each pcvp0aed allocation by island and subdivision. 1$ The Mmk a Rater appli Adorm that Am vriddn tde quarterly aIlocadm roe =mwded for Is4 Year I S approval errs as follows: Quarter 2I _ • Applicecrte ranked I through 2 merec�ended for allocad= awards 22 23 reoo on mkk;gftcm ed to 6a +wadable frn�r Mmm County. Appifeam ranked 3 ehrw* 44 art 24 wed in the order M*ed. P.i.o oro M m N 101 10, 89/82/9911 13:42 61%-422-269S CVM Cta.A y187A PAGE 81/8s � 0,11 N, o TAWA MMZNW9 la be god a =&od=dlatlsat fk AMB1YFlu► ASIriB-lbr $e ------ Adodtdsmsft a a+itef ep IbW= waba sl ft ftaalt =d lE:WO AwNwSm M t}71t1Y4Mg71QDi6S&noo48,'ttowonW4Kftpmporwde wftdaelob 37,2f,:M24A 26 27. DID& 1, Srbdl WOW DOCNes Alm. JOW ft an ire, red &d ZOO n mbm Otl�ddd0-d00ooe, 66.O�OODO� Ooa1a10.0ow twd on"n04B0 a no atvbmtodar aoaw . sad"mnab is amgd d* dftdtgW pt' I b �rL ft M6Imes s �bp ".f m.. j. Tb* tmdeC 4pW tmd mmb t s Waft imgW bx 90 9=ft Of ft 45VOY and 1xepq tbii ""—aft l= haft I&— ad* h mi Ex sw m d aII of the 04M of the mm nowd, nimsd tm*o Rog"m cf paa&ft thsqv&=k NOW Agftbottian is nee4ed frwa otuoh vtwm of 4hr te�jtat pt . [betgdbtr� 9n9 Ot mgrq autbarhadm ih mestbs atbaoNW sate rnswthm ifi bsn am merle aat=m W-4a44� Ow % /AppNcwd M&wtme Pile WNmA maed4wasr-j/ Pfor"Irt AiATa OM s� �,�r, t^bOl+n'YtiOr o a�bddT " �amt ZOII. f3lreda �IXigs )s _ pwsaepy lma�n v bI[at,r 'IYR of did not ts)ra sti tee. a r iRsa i i y AdmkbWM U-AMAu&wk onFaaftp:dt DI Im s W0212mi 13.42 619-422-2696 GVN .CHLLA VISTA PAGE 82/115 i het+euy'atWwko I AW OrMCE 0°RAY GAti;M Pok, RAx GA,RCIA,16% AM PAf]6<.A. MMMM to, tie &bd 09 wAbmised ft JOHN M AiCirtft. fay ift AAaWmadift I;eiier appuowaaOftWW fbr 8 MIM9 abmk Ed ROGO Apgtlestloa # _ 071oo47f4 o7t0YtRtl, 9774 Rod 07100fa6, for pivpeq dowriaed a 1Au x1.2% i4zd, 24 36 37, Mm& % SR6dhbbm Dufti R Arm, Kop Ws Mu Eff end Red >tdnb amben Dtlr1lGRsap.OppOpti,1iQ911Gt�}pp0000, f10.i1�11o000f) Real Q0319Z�09Qlb0� Ea6 s beoomoe eRbotlre CVM fi. d.oe fbls a drvhis mtsdmd aad sheII ntttsie is efRoemttt tRatdnded by tfto , mir saatarlmtim Rea e a tmdtn powm edtdeoteed o*fbrdtspngxmslow. The aldodW midutands do 1fR6t7Mae fovWved in the of ft mostacy end Olum 4i momm a-* >nmmlesaj fbr SW no W oft* MGM of the edam nonA Mimed b *o Rogdddm ofperndte far the mooned I o&gxL won At"batbn is meted ftnm Mh mrnerafat r4ed pmpaiy one of mom iaq�OsmstawtbgsuubtttiEedrrflbtheeppkis unEfibman mowpb optisra 4wo /Ap ' mrttit�s4ma hsfutrd xwu of JApplkaur gnu or C ti sic m commQi UC Ar vRa fploteirbd®ed bdm me d* of'� r rS 2f111. Job% W. s [: 1je' >saoam i td�s m ostb. of 4 d#d mt ® e t01 AAohhMdwXdWAWMAU&Oft@ftFcmFw l oft Eo m I hmeby udwdm, LAW OFF= O7 SAX GARCL4. PA, SAY UARC114 ISQ, AND PAOLA WJaMW in . be NtW Is aaftdwd mpeat Sot JOHN X AKW Pat the AdmiDdstrttive $aliei appUcaUg snbauttsl for Htialdigg Pamdt aW ROCO Andk4 lot i l 07100479, 07I004t3, M M W and M00406, hr paopmV deeaibed ss Lob 21, 22, 23, 24, 7A 27, Block 1, 8abdMdon: Dodoes Arm, Kays Bb Pbu Key and Bait Edge number: 00310M0.00000Q 00MM 04000p0, 003 M0400000 and 00310220-000000. Tbia adl wdmtha beeomm at1 a*ft oa dw date this affidavit is nolvdmod mod shsil re m{n be eKeat uatd tamdpatad by to uukrdoed. This stab dmtk vi am as a dmabla power of sUmmy 1 oclr lbrtbapmposes a mated 1 i and ' JA smpaanibl>tty (Iwldlas Masaoe Cam* �i and � f dm a &as o � a8e9 named, MhWW to the aognidtim ofpemits lhr the ai6rsmaatioued spplieaat. i NOW AutLOt!ffiIlae is mended atom mb owner of the subjmd rmPftlK TbwWbr% one or mere d sathodzitfou forms moat be schmittad wilh the oppUcation if time ma mobWa ownma. s AppOunt sIQ�'LIL AttlNs E Prlatad mama at Own") Applicant NOTARY: BTATR OB OOUMOF ik G The tack b mwwn% t was admo hWpd bdbre me tbb day of 20I1. John K Akras issi®alllr lasown poduad _. i O6tjp Type of rdasaffiastW* did / did not tali as aa& jrA S �" awraw.gflass •' Notary „% ��••' Admkbudw Rd[elAavit Aathodtalm PomPge I of I j r s Ee m l a 5116,11 lim a"I'll 101 N m a etJ7,sw t M#+h� luslldmiifiwtion Na � � ��1WIJ�� d mdpjmmtw lswubtasTO,VON� OWd77Mif oaa,�aaayp*aor AN Mi �Y�t4tlKid.73G07 � � , QUITCLAIM DEED u.m ..r mMw uraa wmAXaA NnM NwOud W 001�S7.Orneu. �vt&rWud—i�aa�¢,reu.esry�.o.w�s11� o(urAmar TWANWoaaiomj---- +a erwrr m=dodbnwr . a a m rm�e. mmMoado �i ft mW m by Gamm%� ro: Ad Ww bnw•br tdowim dme" am. Wmi* b t and be* ba do Om or d MOMM Sm of frtlde. raR 7. DOCTOR't AstctVtlmY nM% emtldLfm m. FMt dmredm mwedtlp /hrirkt.hp 14L aloe hblee Rewrdi dMarKQaOLlNrl1� T= MWPZ Y MCRn= VULM1e VACANT LANs AUD son Nor L�la7ff[tfi ie H.....r r e.+/ dr m. � it end rpLr W aFweawo.r teu.mbbdrq{4{ t: q.w �peudelet. eed m dst emtti rye ddti b�,11w� qdq od eWr aEemrr dQrsRs� � R qw x .�Iry, brfie mR Eeedh odpaDf dbr W Omoam tNnw. ]a alma R� r 0� M� Ymaa�o ea6erbmd eodml4e del ead fml�Sm.l'e�ey�r/l�s�� Sgv.d, lao<pawer. �ifarl/ T •/� /- lam" F.0.8eR716tgirp, 7laidu]viT {jtr CrAn OF FLORMOL ODOR79f ormopaog Tie burial Iwerroira wm aknoob o d Mbm me dt6 d "W by CAMACL AKW ■YsirpamFy I�b maawlo mr� r tEAL • O 4► Atmrd M7Cwm4rim Fdei o"Mx N p:•�i�a•� �y MONRONCOMW" fo PLANMQQG & ENYIRONMMrAL RESOURCES DEPARTM M S", ON' APPUCATiON FOR R=SID113MAL ADK NMMAiNB RELIEF ,AmobsfaOtUw ice: 51,0) ).00 Afttnror cku*-Co& sawn D&A7 , Rope mibrAdm6ttorerAdW.. .. l U Yw applkami ter es adowten %word° e. WbM app8culan hw heen drded an dWraliso aerud tar few in eomawn jean is dw OW aft to raetlwi m dbntre t*m4 sdd appllumt rosy to doe cord fbr adamaaefr abdpartavtd to d:leo ed mdhfeaaauftetli l b. lvhere ppsed dpr mg odtaw$a macro dl tpptiepbh ear% d-6 nd 4dnd mud a dlmdmmWoutivaham-aha wAldahm,00d d GMVW TAhall vOle hilftdmth=kAYaeatimiyomuisnd a Appliga f6Rwm pemdteea fur deiiderobw wWf mMaArd in tla hud d+vdopnaf , (7) An ;ptlatios hr atbooama m toW tlall W toads on s lbom p by dw Dhmw at Madhlp ed may bm MW we am ones ofHow" R -dim ft Ad trtdnim arch lboth M vom !Qum eft" woos rm l r ahwatirmwe alb;, in Dkww of "Nub" R PAreasnmN P.aoaoes &W fkwwd to du bred all xbmd Mm td r®dt ho the o idea %Wgd=rauitofattntwRetltaohtgtmfon stwvwa("noomdmlhbsocwatg moat Ott da x*oct peporly br bra abri by 00 cmoely rldettt poprmaee d)mar mepmmloo ramoult ofOndwdlhgwift-1 eelmt1, (4) Um ruarpo of in aWbo m br addrdtbwive tdA4 the bind dull moth ud bold m public bauioi st who time the vokent will be Ohsa m apporaadly to bo beard (M The bard may n ar the telatow t4plhadmr and appirtabft to unba ndobr,, Hof !oa v aka mnq AW ead odtup r fay be tr®y and bur admmgr and review detmmenm y avhWatplatooleadby the oppltrsf. 16) As toe aadeaion of da public br rv% dt bond aqr %be lha pUew % potions past w !loran County Cade Saedoa Op- M and bfowae Caoaq LTmprdunhn Pre Potley IN A. t andpaboy LCIA . • OEtr to ptrcbre the properly a mir worker Wm r dw Send of Cooly Ourab t aes prdtrndtd mffdwpepagrlemuosdwiOmc iow; Str<!�)s�, � t adealpuad d •ddpuev!'!fa>1er (&d Pln fCry rd NsNaapCeyl, fiL b 4 Ifer lA Asos(lycdd PrateotimAx* w n. s + Zht m atn m a attn.waterDam lot wdmolsfa dl6edeWe ....iffy 'Poor eadas vdor'shall be an aarw which is no WE dear Ed vdaam vahatms In Ore k6am Oximp.SwlhopmVTuiditrr6@row LIM b. Psrmts Ya mRdmrm immersible aeatrende qtt of OM prepay 9Cahaan trgssbk as aoua see amum; a applied m ma mbadmsy veed lat of tacK whkh was btdtarble ftamedlwdy phtrts olw aSacdre daft d dt Rae, soles Ow s ngla4wrOy wAmmom. c $"acst obr ve"dseay bo oacv . I mod "What. M LimAs on edmbdssadve dtxoda s par *ww. 7be toner at dfteadau 1hd mq be awmded wider adotbtb usda idtf in try am grrtr aaa be no was dam fdly -- of the WAI awdbdsie n.ttar ON dkmiad prI M Ins garrr it do oidres AY alrneiaoo in goon. of 4b parrot Ad! be extended into dw u®dhy grrtr or gaem udil die rtratoor at ads dlooxtom is lily pump or fts at me mud dumber of uultd ram slloeadotu avdrb' m be awrdtd i:i Refuoi of theptothast oMT by dwpuMiy owner toll not be p erxds hrft ptutpt0 are ROOD dlamon away Wi 1 an Relief d odCft$7DIOAoe Apprtumo !toed ord due. � 4 1 �TrRv 4 �I I@ N �oRtt� The Law Office of Ray Garcia, P.A. &Cze-01. Attorney at Law Flonda C„vt law Notary 14850 SW 26l` Street Sawhun DismctoManda 1jSpite 204 Middlc Oistnct or Florida Ray Garcia Esq. Miami, Florida 33185 Yonbsrn Distnct of Florda Hoard Certified in Real Estee Law Tel: 305.227.4030 Fax: 305,223.9811 10 circuit coma of Appeals rearcia graygarcialaw. com www.raygarcialaw.com ***Sent via Overnight 'PS*** January 6, 2012 D LS Q; LE 0 V fE Planning & Environmental t5 Resources Department ° �': x'gl 2798 Overseas Highway IT Suite #400 MONROI: CO. PLANING DEPT. Marathon, Florida 33050 Re: Applications for Residential Administrative Relief for Loan Numbers. 07100479, 07100486, 07100435 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/ 14 1 MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT APPLICATION FOR RESIDENTIAL ADMINISTRATIVE RELIEF Administrative Relief fee: $1, 011.00 Monroe County Corle Sectlon 138-27 Requirements for Adminurrative Relief (,) If an applicant for an s:locataon award a Whose application bas bgen denied aq gilgglion award for fotu (4) slucessive years in the Permit Allocation Systemand fails to receive an allocation award, said appAiant may apply to the board for administrative relief pursuant to the terms and conditions se-. forth herein, and b Whose proposed development otherwise meets all applicable county- state, and federa,: regulations; and c. Whose alloaton appltation has not been withdrawn, and d Who has complied with all requirements of the Permit Allocation System; and e Applicant follows procedures for adnumstrattve relief contained in the land dcvelopmem 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 me..ier than the conclusion of the fourth annual allocation period and no later than one hundred ei , hen• f i 80) days following the close o( the fQLlrth annual allocation period t3) 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 ofarry rights under this section to assert that the subject property has been taken by the county without payment of lust compensation as a result of the dwelling unit allocation system td) Upon receipt of an application for administrative relief, the board shall notice and hold a public heann at whtch time the g appl rani wi,1 be given an opportunity- to be heard (9) The board may review the relevant applications and applicable evaluation ranktng 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 followtng actions pursuant to Monroe County Code Section 139-27(f) and Monroe County Comprehensive Plan PoFcy I L 6 1 and Policy 10 ( 6.9: a Offer to purchase the property at fair market value as the Hoard of County Commissioners preferred action if the property is located within L a designated Tier I area, it a designated Tier I I area (Big Pine Key and No Name Key), tit a designated Tier I I I -A area (Special Protection Area), or iv a designated Tier III area on a non -waterfront lot suitable for affordable housing "Fur mark -ea value" shall be an amount which is no less than ad valorem valuairon in the Monroe County Real Property Tar rol I 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 Hitch %vas buddab;e immediately prior to the effective date ofthe Plan, no less than aSingle-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 amwoed under administrative relief in any one quarter shall be no more than fifty percent Of the Lora} available market rate allocations available in a quarter for that subarea Any allocations ::n excess of fifty percent shall be cmerded into the succeed''ng quarter or quavers until the number of such allocations is fifty percent or less of the total number of market rate allocattons a%ulable to be awarded (81 Refusal of the purchase offe b) the property owner sha. no; be grorznds for the granung of a ROGO allocation av%urd ii�i Re lofR a on Dee 8 2010 doc Applicants IrMa, end date N 1 P i,.. K 0 10 N 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 SD{ 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 `_ _ __ _ y lawimerelCorp Doammeob rhaeriASwhe Is oetharbed Im sipi Property Owner's complete mailing address: Phone_Zoo' Fax: Agent's Name: 1 C.t taegimred for tpnu ere agent umharixst oa for die ROGO Appheetioa from as poperq owners) Agent's complete mailing address;,_ __-- _- __-- _ Sir • 15 t5 a -� / Mt r a IS Phone: _ Fax: `tAb 1 (Pletlse attach a notarized statement authorizing repn ittation of this application by all property owners. The statement should read: "I, (ownees 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 Key (island): Street: MM• — RE: 11 ff metes and bounds, Toth legal description an separate sheet. Building Permit Application #: _ .. _ _ --_ _____ _ _ .. --004P--- . ---- -- - Date of most recent ROGO applicatiarr. What kind of administrative relief are you seeking? tr . i r Nate " so M owne Cauaty Cade pteRmd Rowd of Couety-Comm stloma7 aoun `a io offer pweheee the er t. n, In -A (Speael Prona" Areel, a er nl on nonwert}ant lot witehle for etrmrdwe housins NOTARY: STATE OF FLORID ppli nt's Si lure COUNTY OF IV►IMMI- w (1(1 1 t'h r 1 The foregoing signature wasaacIgnoowledged before me this day of J (Ay1 V U rk; ,20 12. By RJW Cau vim' who is personally known to me or produced tPRWT KAWOPPERSONSIGNING) as identification. __ - - -_ '•.. MyM Q,:3dA.� w� l a.8l �oj 5 Signature o ctary Public, State of Florida 0 TO BE COMPLETED BY STAFF- DATE: iV11?iiLftLiA �eT aww lhu Mdi' Ptille= ROW APPLICATION # 2 2 Itiel' A ion Dtc 8 2010 as Applicants Inmal and date ._ iW 0 (S) N XHIBI I DI 0 Property Search -- Monroe Ck{' Property Appraiser Karl D. Borgium Property Appraiser Monroe County,• • Page 1 of 3 office (305) 292-3420 fax (305) 292-3501 Website tested on Intemet Explorer �•� • - �•• 1 • • • • • 4 - • Property Record View Alternate Key: 1382337 Parcel ID: 00310220-000000 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 MlHage Group: 100H Affordable Housing: No Section -Township- 1466-2. Range: Property Location: VACANT WITTERS LN BIG PINE KEY Subdtvialon: DOCTORS ARM Legal Description: SK 1 LOTS 21 AND 22 DOCTORS ARM SUB 12133-141 BIG PINE KEY OR409-382185 OR768-1431 OR849 -801102 OR1384-33 OR2101-1457 OR2404-841 O/C Show Parcel Map - Must have Adobe Flash Player 10.3 or higher Land Details Lund Use Code Frontage Depth Land Area M10D - RESIDENTIAL DRY 100 167 1&700.00 SF Misc Improvement Details Nbr Type # Units Length Width Year Built Roil Year Grade Life 1 CL2-CH LINK FENCE 3,204 SF 534 6 1984 1985 1 30 2 UB2; UTILITY BLDG 120 SF 12 10 1984 1985 2 50 3 CA2:CARPORT 120 SF 12 10 1984 1985 1 50 A u Property Search -- Monroe COS Property Appraiser Appraiser Notes 19 Page 2 of 3 PAST USE WAS FOR TRAP CONSTRUCTION, AS OF I VD9 UB IS VACANT, DRY PARCEL IS OVERSIZED FOR AREA - KEY ADJUSTMENT FOR 2010 TR,NL108 REMOVED OVERRIDE AS LOT IS BEING USED LOT 22 (RE 00310230-000000 AK 1382345) HAS NOW BEEN COMBINED WITH THIS PARCEL PER OWNER'S REQUEST, DONE FOR THE 2007TR 5/08107 JDC 2007105 PERMIT # 0710486 FOR SFH IN PROCESS PER BLDG DEPT Parcel Value History Certifed Roll Va ues, View Taxes for this Parcel. Roll Year Total Bldg Value Total Mlsc Improvement Value Total Land Value Total Just Ma Llkej Value Total Assessed Value School Exempt Value School Taxable Value 2011 0 3,568 34,106 37,674 37,674 0 37,874 2010 0 3,623 37,575 41,198 41,198 0 41,198 2009 0 3,209 50,100 53,309 53,309 0 63,309 2008 0 3,246 66.800 70,046 70,046 0 70„046 2007 0 3,042 187,000 170,042 170,042 0 170,042 2008 0 3,364 112,725 116,089 116,089 0 118,089 2006 0 374 83,500 83,874 83;.874 0 83,874 2004 0 374 25,050 25,424 25,424 0 25,424 2003 0 374 8,350 8 724 8,724 0 8,724 2002 0 402 8,350 8,752 8,752 0 8,752 2001 0 440 8,350 8,790 8,790 0 8,790 2000 0 285 8,350 8,835 8,835 0 8,635 1999 0 302 8,350 8,652 8,852 0 8,652 1998 0 325 8,350 5,309 5,369 0 5,369 1997 0 342 8,350 5,369 5,369 0 5,389 1998 0 359 8,350 5,369 5,369 0 5,369 1995 0 382 8,350 s,732 8,732 0 8.732 1994 0 399 8,350 8.749 8,749 0 8,749 1993 0 416 8,350 8,766 8.766 0 8,766 1992 0 439 8,350 8,789 8.789 0 8,789 1991 0 456 8,350 8,806 8,806 0 8,808 1990 0 473 8;350 8,823 8,823 0 8,823 1989 0 496 8,350 8,846 8,846 0 8,846 less 0 513 8,350 8;883 8,863 0 8,863 1987 0 530 8,350 8,880 8,880 0 8,880 1988 0 553 8,350 8,.903 8,903 0 8.903 1985 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 8,350 8.350 0 8,350 N, Property Search -- Monroe C&Property Appraiser Page 3 of 3 1982 0 0 _ 3,507 3.507 3,507 0 3,507 Parcel Sales History MOTE: Sales do not generally show up 7n our computer system until about two to three months after the date of sale. if a recent sale does not show up yn this 'ist. please a low more time for the sale record to be processed Thank you for your pat'ence and understanding. Sate Date Official Records BooldPage Price Instmment Qualification 3/6/2009 24041841 100 QC 11 3/3012005 2101/1457 1 WD M This page has been visited 109,155 times. Monroe County Property Appraiser Karl D. Borglum P.O. Box 1176 Key West, FL 33041-1176 Es" m 0 XHIBIT 2 N m 0 Vegetation PROJECT AKINS DEVELOPMENT LEGAL DESCRIPTION BLOCK 1, LOTS 21 & 22 DOCTORS ARM, BIG PINE KEY REAL ESTATE NUMBER 00310220-000000 10/23/2011 U w N Julie Cheon Environmentala s It t Phone (3 5) 395-19 5 71 Tingler Lane, Marathon F1 33050 Fax (a 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 performed on October 8" and 22"�, 2011. Site Description: The above referenced parcel is approximately 16,700 square feet (sf) and is located in an improved subdivision. The parcel is bordered on the east and west by similarly vegetated vacant parcels. It is bordered on the north and south by paved roads, Witters Lane & Watson Boulevard respectively. Please see "Attachment A" for a location map. The property is located within the National Key Deer refuge. The disturbed parcel contains a large shed and is predominantly vegetated with ground covers. Several non-native landscape palms are also located on the property. The substrate was predominantly a mix of sandy organic material. One small depressional area contained a slick mucky soil. 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 was located throughout the property. The Monroe County Habitat Maps classify this parcel as "Developed Lands." The parcel is predominantly vegetated with Andropogon glomeratus, Phyla nodiflora, Fimhristylis 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 but algal matting is not distinct. With the exception of the aforementioned pocket of soil, no other wetland indicators were located onsite. Formal jurisdictional wetland determinations from the Florida Department of Environmental Protection and the Army Corps of Engineers are recommended. Vegetative Species of Note: Brazilian Pepper is the only invasive exotic species regulated by Monroe County located on site. All Brazilian Pepper must be eradicated from the site prior to a certificate of occupancy being issued There is one Listed species (Phyla nodiora) 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 development. Due to the prevalence and the mat -forming growth pattern of the Phyla E N 101 N Julie eo viro en al Consultant Phone (3 5) 395-1985 71 Tin l r Lanes Marathon H 33050 Fax (; nodiora individual species were not tagged. When possible individual specimen were identified. In areas where the density of P. nodi)qora or the location of plants mixed with dense groundcovers prevented the identification of individual 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 sections as shown in Attachment B. The number of Phyla 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. 1 Julie Cheon r `f 0:o1 Fax (305)7434587 Species List Scientific Name Common Name Andropogon glomeraws Broom Grass Bidens Alba Beggar Ticks Borrichia fiwtescew Sea Daisy Cassytha filiformis Love Vine Cenchrus spp Sandspur Chamaecrista nictitans var. aspera Sensitive Pea Conocarpus erectus Green Buttonwood Conyw canadensis Dwarf Canadian Horseweed Cynanchum angustifolium Gulf Coast SwalIowwort Cyperus 1*ularis Bull Rush/ Swamp Flat Sedge Distichlis spicata Salt Grass Eustoma exaltatum Seaside Gentian Fimbristylis cymosa (aka F. Hurricane Grass spathacea) Phyla nodiflora matchweed Spermacoce verticillata Shrubby False Buttonwoed Sporobolus virginicus Spombolus 7Wdax procumbens Coatbuttons Waltheria indica Sleepy Morning Exotic Landscape Palms Key -Status CE Commercially Exploited ex Exotic END Endangered IEX Invasive Exotic N Native RI Regionally Important T Threatened Status Wetland Notes Status N FACW (DEP) Prevalent FACW+ (ACOE) N N OBL (DEP, NWI) N FAC- (NWI) N N FACU (NWI) N FACW N FACU (NWI) N N FACW (DEP, NWI) Frequent N OBL (DEP) FACW+ (NWI) Prevalent N FACW N FAC (DEP) FACW (NWI) RI FAC (DEP) FACW (NWI) ex N OBL (DEP) FACW+ (NWI) Prevalent ex N ex All Protected non-native (may be naturalized) All Protected Removal Prior to CO Required > 4' dbh protected All protected All Protected s 101 T fiery k� . r ®`t I LN 11) m E 0 101 N ®R Julie Cheon Environmental Consultant Phone (3015) 391.5-1985 71 Tingler Lane, Marathon F1 33050 Fax (30.4) 7434587 N Watson Boulevarif Key L---------------- j Phyla nodiflora Transect for Phyla nodiflora 0 (2) EXHIBIT N M ADMINISTRATIVE RELIEF SOUGHT 0) 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 aCounty 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 �t�; considering that the development that had begun on the subject property had to be halted 101 M 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 9 E N E I ZWEAULamadmt 2790 Owasm Hishmy suift#410 mwo&m in mm Voice: M 2M250D FAX (305) 289-2536 County of Monroe Divisiox, and of Cu= cmmkdonem Mayor Gwr No**; Dix 2 U[myw Pro Tom Syivk I Mu*y. Dfst S Kim WWapm, mist. I HaAw Cmuftm Dim 3 Maio IN Offlamv, Dist 4 w&s*imgPbff cwftPmfWdmdaxdf,* CMTnqBD MAIL 70062150 0001 0488 1131 April 27,2009 JobnAkins 107 First Tamoo Key LaW, FL 33037 RE: ROGO Applications 07100486; 07100479; 071 OWS; 07100493 no pimaning & Environmantal Resources Depement has found a scoring aim an ROGO appfications. 07100496, 07100479; 07100495; 07100483. The proposed development in cub of dme application in located in the 'VI flood zone. Thmiftme, each mplicstion has been given the 4 point assigm=t for being located in the T' zone special flood hazad area. ,_L3r _Lr2 s jdmicz etanmam�cz Sr. plannim TwIL Ee WE N 6) 101 a HEIVIGRANDUM AIONP.0 E CGUNn' PLANNING & E+AIMQNMENTAL RESOURCES DEPARTMENT Me swive ro be raring, professional and fair i- To: gI1♦rming Commission 1: From: Tiffany Stankiewicz, Development Adm nis7rator f` Through: Towasley Schwab, Sr. Director of Plannz ng & Endronmental Resources f Date: September : 7, 2010 Subject: Residential Dwelling Unit Eval�-,eon Report for Big PinwNo Name Key Subarea. Quarter 4, Year 18 Meedmg Dr-te: September 9, 2010 comtii oed. to September 22, 2610 I This report has been prepared pursuant to Sedion I38-26 of the Land Development Regulations L (LDRs). The proposed residential dwelling unit makings (Big Pftle)ido Name Key Subarea) 3 attached to tl�s report are for the fourth quar`er of year eighteen which coves the prod April 13, 2010, through my 12, 20' 0. 5 7 8 The public hearing for the Eig PinwWo I\izrne Keys Subarea ROGO allocation and ran Eng 9 determination was continued by the Planning Commission from September 8, 2010, to }et 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 003I0280.000000, 003I0260.000000. 13 14 A. HISTORY OF AWNS 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-I0 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 A.E flood zone when the properties are, in fact, in a VE food 22 zone (4 points). 23 4 Monroe Co=ty Code Section 138-I, AFlseals states that a&--i appeal from the decision of the 5 Plamning Commission on a. ROGO allocation shell be made to the Board of Cou.-ity 26 Commissioners within 20 days of the Plan.-ung Commission's decision. The filing of an Pisa I of 8 m i appeal does not stay either the action of the p-lmaing Commission or the action of the ' 2 Plam-ting Director. T'h s appeal of tfie approved ROGO Rankings by the Plarnning 3 Commission fron March. 10, 20I0 was filed in a timely manner. However, tine actual point 4. reductions and ranking changes occurred in June 10, 2009 by PIanrdng Cominissior. 5 ResoIution P23-09. The Code does not specify that the appezl must follow after any speci€c 6 qua,.r:erly ranking. 7 8 Originally staff was prepared to schedule thie appeal at the June 20I0 Board of County 9 Commissioners meeting. However, prior to the agenda deadline, lets. Prevatt requested that 1_ o the matter be heard at the July 21, 20 10, Board meeting, which request was granted. On July 11 20, 2010, Lea Robe, Esquire, requested th-ie appeal be deferred from being presented. before 12 the Board of County Commissioners. The applicants decided to defer the appeal :n order to 13 first present their objections to the P'annin g Commission since applicants may offer 14 testimony abort their application at any public hearing concerning ROGO in any quaver (Iyit, 15 Rohe no longer represents IvL-. in this matter). 16 17 Since the scoring correction, the PlawLing Cem-mssion has reviewed and approved 5 i 8 quarterly rsnl~izgs reflecting the scoring corrections. Neither the applicant nor authorized 19 agent where present at these public hearings. Tl-me Iast approved quarterly rags for Big 20 PireNo Name Key subarea were on Jt= 9, 2010. 21 22 B. ,Applications and Locations 24 Applications and. Locations: 25 26 } Building Permit Application & ROGO Application: #07100496 27 Legal Descxipt�om Lots 21 and 22, BIock ', Doctors A_-:►r: Sli'ndi%is:on., Big P ::e Key, 29 IAom-oe Co=ty, Florida 29 Real Estate Number,, 003 I0220,000000 3� 31 2) Building Permit Application & ROGO Appli cation: #07100479 32 Legal Description: Lot 23 and SLY 26 ft Lot 24, Block I, Doctors Arm Subdivision, 33 Big Pine Key, Monroe County, Florida 34 Real Estate Number: 00310240.000000 35 36 3) Building Permit Applics;aon & ROGO Application: #07I00485 37 Legal Description: Lot 27 and IDLY 51 fi Lot 26, BIock 1, Doctors Arm Subdivision, 38 Big Pine Key, Mon= County, Florida 39 Real Estate Number: 00310280.000000 40 41 4) Building Permit Application & ROGO application: ##07100493 42 Legal Description: Lot 25 and SLY 17 ft Lot 26, Block 1, Doctors Arm SubdiNdsio:i, 43 Big Pine Key, Monroe County, Florida 44 Real Estate Number: 00310260.000000 45 46 Owner: John K. Akins, John W. and Glenda Ahms Pap 2 of 8 123 0 9 10 7.1 12 13 14 15 16 17 18 EO 3 4• 5 6 <<0 Agent: Banks P'revztt Land Use District: Commercial Fishing Special District (CFSD-8) Future Land Use l;f-ap (FLUID) Designaµon: Mixed Use/Commercial. " isxdrag ONCF) ROGO Subarea: Big Pine Key/No Name Key Tier Desil Lion: Tier 2 12087CI328K r Subject Properties (outlined is blue) (20 9) Wldte line, shows separating of the AE Flood Zoae and VF Flood Zone C. RELBVANT 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, Plamriing Conunission Resolutions _ndicafing scoring error corrections. Mpffeation No. 07100496 1 071W485 07106493 07100479 Read Fstste No. 00310220.000000 00310280,000000 003f0260.000000 00310240-000000 8ulldlog Application Jan. 31. 2007 Jan. 31, 2007 Jan. 31, 2007 Jan. 3i.2007 Date As submitted by the Pre Tier System minus Pre Tier System minus Pre Tier System mints Pre Tier System minas applicants the i fiar AE Flood Zone 6 for VE flood zone 6 for VE flood zone 6 for VE flood zone Building Plant indicated flood zone deduction Points Survey from Survey indicated Entire property in VE Entire properly in VE Entire properry in VE L wrence P. Frank majority of property in zone. zone, zone. dated Dec. 4, 2006 AE Zone and a small Indicated property portion in the VE flood flood zone. zone (surety error discovered in 209 Page 3 of 8 0 proposed residence in the YE Zone). ataldlug Department ' Reviewed for AE Zone Reviewed for VE zone Reviewed for VE zone I Reviewed for VE tone reviewed plEnr 'er construction. constructioc constnuet:on eonsImiedor. AFJVE Zero 13ulldfng Departmeazt May 30, 2007 June 6, 2007 June 6, 2007 Juce 6, 2007 forwarded rppllcr-don to FILnulug (a cantsct I 'uoifcant to eater l f Efate ROGG June 12, 2007 June l2, 2007 Jane 12, 2007 June 12, 2007 Application subasitted Initfat scoring of ROGO Application ROGO Application ROGO Application ROGO Application ROGG App[icztion scored as if in AE scored as if in AE scored as if in AE scored as if ire AE for Quarter that Zone (as indicated by Zone (seo:ed in error) Zone (scored in wror) Zone (scored in error) clewed Jul ;007, 1 surveyor) Scoring Error Early April 2009, post 5arly Ap.nl 2009, past Early Apd: 2009, post Early April 2009, post discovered Tier System should Tie: System should Tier System should Tier System should have indicated -4 have indicated -4 have indicated -4 have indicated -4 ints j points points _points Dete eertitled letter April 27, 2039 April 27, 2009 April 27, 2009 April 27, 2009 d seat regardlag srkag error Daeote return receipt May 15, 2009 May 15, 2009 May 15, 2009 Way 15, 2009 was stened ROGO Ranking Planning Commission Pluu-dng Commission Planning Commission Planning Cemtmissiort Quarter 3 Yr 17 Approved Resolution Approved Resolution Approved Resolution Approved Reso union fadictted scaring r P23r09. June 10, 2009 D23-09, June 10, 2009 P23-09, June 10, 2009 P23-09, June 10, 2009 IO correction ROGO Rankings Planning Commission Planning Commission Planning Commission Planning Commission Qnsater 4 Yr i7 still Approved Resolution Approved Resolution Approved Resolution Approved Resolution, refisreneed the P42-09, Sept 2, 2009 P42-09, Sept. 2, 2009 P42-09, Sept 2, 2009 P42-09, Sept 2, 2009 re:orkn, correctloa ROGO Rs nkingg Planning Commission Planning Commission Planning Commission Planning Commission Quarter I Yr tfi ApprovedResolution Approved Resolution Approved Resolution Approved Resolution ooAdDRed with P55-09, Dec. 15, 2009 P55-09, Dec. 15.2009 P55-09, D= 15, 2009 P55-09, Dec. 15, 2009 correct to ROGO Rankings Planning Commission Planning Commission Planning Commission Planning Commission I% Quarter F Yr Ig 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, entreat oints 2010 2010 2010 1 2010 ROGO Rankings. Planning Commission Planning Commission Planning Commission Planning Commission Quarter 3 Yr 18 Approved Resolution Approved Resolution Approved Resolution Approved Resolution continued with PI0-10. June 9, 2010 PI0-10, June 9, 2010 P10-10, June 9, 2010 P 10-10, June 4, 2010 correct Points ROGO Rankings , Planning Commission Planning Commission Plttrming Commission Planning Commission Quarter 4 Yr it continued the review continued the review continued the review continued the review eoodaud wltb of Big Pine/No Name of Big PindNe Name of Big PindNo Name of Big Pine/No Name correct Points Key Subarea to Key Subarea to Key Subarea to Key Subarea to September 22, 2010 September n 2010 1 S teanber 22 2010 1 Swtemba 22 2010 2 The above chart shouts 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 eocated in the VE flood zone, while one (D 5 6 set of building plans and the survey incorrectly showed the property located in the RE Flood Zone. When the Applicants subsegt=tly entered ROGO in June 2007 staff incorrectly Page,( 03 el. I scored the appli. ions t r,thout a VE food zone deduction of four points pursuant to tier 11,f 2 ordinance criteria. The emrs were discovered w-hen stG f reseuched the app ,ications based 3 on information from another applicz-it, received by the PIanning Department regarding pcin, 4 deductions for the VE flood zone. One o- the four appiications was scored in error based on 5 an incorrect survey, which was discovered by staff after examining the FIood Insurance Rate 6 Map (see chap in the Section 3 above which shows the property boundaries and VE and AE 7 FIood Zone Iine). 8 o On April 27, 2009, the Applicants were sent a certified letter to the address of record I regarding the scaring error. A sued certified receipt dated May 15, 2009 was returned o I 1 the PIanning Department. Subsequently, the scoring corrections for these applications were 12 identified on the approved ROGO rankings, which are available in tx'te Planning Depairrnent 13 and on the County web site. From the information in the foregoing char, the rankings were 14 adjusted and maintained at five quarterly PIamning Commission rmeatings and the appli :ants k 5 did not appear before the Nanning Co=. ission. 16 17 D, REVIEW OF APPLICATION: =a 19 Mr. Akins is questioning the reduction of the ROGO points on the four applications stated 20 above. However, the actrW VE flood zone point diange occurred when the Planning 21 Commission approved quarterly rank--ings on tune 10, 2009 (see Resolution P23-04). 22 23 In Apra! of 2009 the F imning & Environmental Resources Director reviewed the t�s ' 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 scaring errors occurred on the four applications. Tlierefare, the applicants were sent a 27 certified letter (Certified h4a±I Rem-n Receipt 7006 2I50 0001 W8 1I3I dated April 27, 28 2009 regarding the flood zone scaring erroa, 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 dhe rights of other 32 applicants in the ROGO rankings. The rankings of the applicants' properties moved down 33 approximately 19 places. The riakings prior to. the correetioas skewed the applexats 34 r$c-&ed 22, 23, 24, & 25 and the next rags with the corrections skewed them at 44 35 4I9 429 &c 43. 36 37 1& Banks Prevatt cause into the Planning Department in November of 2009, requesting 39 information about these properties, which was prior to being an agent on the ROGO 39 applications. He Iater asked for information about an appeal. Appeal information was 40 provided. On March 1, 8, 20I0, agent authorization was submitted. 41 42 The properties are ocated in the Sig Pin&No Name Key ROGO Subarea. Thls subErea 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. Ln the quarterly z,r 45 rings approved by the Planning Commission MarchI4, 2010, the two applicants %Who r' 46 received allocation awards each had 20 points and the subject applications of the this appeal Page 5 of 6 I each ha6 9 points. On 'une 9, 2010 ffie Planning Commission reviewed and approved another 2 qLWLerly razkmeg on K g Fine/No Name ey Subarea, v/hich ref-ected the appl,.canft V zone 3 scoring. r. 5 -t It should be noted teat these applications will be eligible for Administrat-0,e Rel'ef after the 6 quarter closure of Irdy 2011. From the c'osure of the 16'h quarter, after the ROGO 7 application was made, the applicant wi' .1 have 180 days to sub,-r.i,L four Adminis -LL ati ve Relief & Applications: 9 14 There is an alternate avenue avaiiable for the applicants to investigate regarding the VE flood I i zone designation. Property owners may seek a Letter of Map Revision ( LOha) request�ng a 12 revision showing their property is located in a different flood zone. There has beca a 13 property in Doctors A=, that recently obtained a LOML 'I"he applicants may contact Diane : 4 Bair, Special PrqJ=ts/-FloodplEL-i Administrator for additional irSormation regarding this process. 16 17 As an aside, the applicants should contact the surveyor regardirig the need for a corrected 18 survey and also, should cont-Pet the Monroe Coun:y Building Departmerat regarding any 19 building plan corrections that may be required for the properly identif ed wiLh' real estate 20 number 00310220.000000, 21 22 Staff concludes the scoring was correctly adjusted to reflect eie VE flood point dedu ction. 23 E-lowever, if new evidence is sLbraftted to show the properties are in the AE r3ood zone and 24 no portion cf the structure is located in the VE flood zone, then the points could be positively 25 adjusted accordingly. 26 27 Q FX CEORS Eak THE PLAAWING QG—M—MISSIOM Eg-OKSID E R. 28 29 Monroe County Code Section 138-26 (c)(3). The besis for any planning coam-fission changes _;:I 30 the scoring or ranking of market rate applications shall be specified in the form of a motion to 31 adopt the allocation rarnkings and may inc!ude the following: 32 3 3$ a. An error in the designation of the applicable subarea. 34 b. A mistake in the calculation of dedicated or aggregated loWizad. 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; the fore, the scores cannot be adjusted to reflect 46 incorrect information or an inaccum-cy in appUcations or errors by staffto raise an appficarWs Pzfe 6 of 6 a7 NJ 0 N 0 1 score at &,e expense or others in the ROGO competition. 1t is the Planr+.ing Comirdss:ons 2 obligation to correc„ an error or as orn. ssion that hay cause an inrarrect scare. 3 4 LM r1Pi OCATION Ed C R—S FOR A G NX&A-2 MAKE KEY SF1BAR&: 5 6 A. Pursuant to Section 138-24 the number of a ° ual allocations available is 147 7 8 B. Section 138-24(c) allows any unLsed portion of affordable housing alloca:io:.s to be 4-etained and rolled over in:o the next dwelling unit allocation year. IQ I C. Section 138-24(a)(4) allows the Planning CoBrurdssion to am-w-d the a.ordable housing 12 proportions during any R.OGO quarter. 13 14 D. Section 138-27(g) lin its adn-dn strative relief allocation, per quarter. -1be number or 15 allocations Ybat may be awarded under adnunistrative relief i.-i any sube--ea quarter shai 16 be no more than fifty percent (50%) of the total available market rate sllocations. 17 I$ E. Sectlor- 138-2rr`(a)(6) limits on the number of allocation awards ffi Tier 1, The annual 19 number of allocation awards in Tier 1 shall be limited to no more than three (3 j in the 20 Upper Keys and no more the. three (3) in. the Lower Keys. Big Pine/No ML-ae Key is 21 limited to tech (10) allocations over a twenty yearperiod or H =.022 whichever is lover. 22 23 Eelcw is a table tracking the Tier 1 allocations by quzrter/year. 24 25 26 27 28 29 30 31 H 34 35 36 4� 42 43 F. Moms County Code Section 138-25(o Exp rat or. 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 (50) days of notificwtion by ce~tilied mail of the award or, after issuance of the building permit. Ga Monroe County Section I38-24 allows a total of 8 market rate allocations per year for the Big Fine(No Name Key Subarea. H. Monroe County Code Section 138-26 allows the adjustment of residential ROCr0 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 applicadors was performed by the Planning & Environmental Resources DeparL-ient. Positive and negative points Nvem granted in compliance vth the pxge 7 of 8 evaluation criteria contained in Section 138-28 of'I:e LDRs for the Big Pine/ No I erne Key St" - areas. 3 41 applications received identical scores, they were f,.rs< ranked by date and Eme and fti:-L� er 5 ranked based on the applicants with &,e fewest negative amber of points on the same day. 6 Please note that any excess allocations approved crust be deducted from the next quarterly 7 a_'locadon period pursz: mt to Momroe Covaty Code Section :38-26(e)N. 8 T 4 R-ECO"ENDATIQNS, A. h/Iarket Rate Allocations Quarter 4 Year 18: 12 13 1he number of applications in the Fig Pine/No Name Keys was greater than the gttziter.y 14 allocation awards available. Per Section ?' 38-26(b)(' of the LDRs, the raaki�ngs that indicate I5 which applications received suancient points receive an allocation awp—rd. An additional page ps attached wlich identifies the location of each proposed allocation by Island and subdi-,rision. 18 The Market Rate applications that are within the quarted y allocations recommended for Quarter 18 4 Year 18 approval e-re as follows: 21 Big PinaNq Name Keys: Applicants ranked I 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 rammed. 24 Page 9 oft d .I\I I ��IIU M BB/02/2011 13.42 619-4 696 CYM CHULA VISTA PAGE 01/05 8 t 1A a� m) L horeby authvrL% L&W OMCK Olr RAY GARCIA, PAn R&Y CrARCIA, ESQ. AND PAOLA SUEMSES to be listed as audt orixed agent for GLENDA AKINS for the Administrative Relief application submiarJ for BuUdirig pit and ROW A,pptcstlotr it 07109479, 07100485, 07100483 and 07100486, for property described as Lat: 21, 22, 23, 24, A 26 27, Block 1, Subdivision: Doctors Arm, XW Sib Pine Rey and Real Estate numberr 00310280-000000, 003102 "00000, 0031024"00000 and 00310224.000000. Tb14 sudwtiration bwQM4s 4fibetiva on the dam du* 9W*vit is rtOt ;t4d =4 " remain in oft until terminated by the undersiped. This authorization am as a durable power of attorney osdy for the proposes stated. The MMde*g+%cd MRdQWWd& ttua 1kbUffim inYQtvtA is the granting of to 49an y 4nd E Fall responsibility (thus holding Monroe Courtly harwkss) for WW and AU of the aatic as of the apont named, related to the saqui s ion of pmults For the s*'oremeroioned appli=L NOW AP*Wiz0AM is needed firom Wh Qom' Qf the subject proms• Thgmf4r% We 4r MM authorization fmms must be submitted with the application if there are multiple Mors. t)wne�r(s) I Applicant signature AXDM Printed Nwne of Owner(s) / Applicant NOTARY: ffAxL OF G A L t FPkA,,fh COUNTY OF X4AI .4i f 0 The foreving ant urea pkn4ai1edvd bef= me this s 0y Qf Ai d 6 vS / 2011. Glenda A)dn►s 19 _ personally known Oaduced 1dcnti6ca1ion(_jC:ZA0fl�*M J r;wr 1.4CAfe -- _ Type of W= iwdoa)„ih did not talm an oath Jr. ��1J�L PENA �• e 1$�l1A6 � tt0?AA1f PF�L1C ! GegDpNY1 � Qe�denF�2 ,241s N ry AdminisMWvo Relief Agent AudwrI ndon Form Page 1 of I 00/82/2011 13:42 619-4 2696 CYO CR.LA VISTA PAGE 02/05 Le c! tis � I haroby audwHze, LAW OFFICE OF RAY GARCL44 P.A., RAY GARCfA4 ESQ. AND PA.OLA EMEYMS m be listed as authorized agent for SOHN W. ASS for the AdminisCrs ve Re6ze, application =Wmd fat Bus"luiag Permit and ROGO 4plloct1oa 0 07100479, 071004M 07100o3 and 0710W, for prop" described as Lot: 21, A 23, 24, 20% 26 27, Black 1, Subdlvlalon: Doctor's Arm, Key: Big Pine Key and Real Relate number: 0031028"00000, 00310260.000000, 00310240400 M and 00310220-000000. This authorizadon becomes af>fiwdw on dto data this affidavit is notarized and shall remain iA affect until terminated by the undersigned. This aut wLza iou acts as a durable power of attorney only for the purposes stated. The undw-signod understands the liabilities involved in the grouting of this agailcy and aroepts f kU nespossi'bi* (thus holding Monroe County harmless) for any and all of the actions of the agatt nauv4 related to the acquisition of permits for the aforetnentioned applicant. Note: Authorization is deeded from each owner of the subject property. Therefem one or more authorization forms must ba submitted with the application if these are multiple owners. t Yr lr, Owns v Applicant Signature Printed Name of Owner(a) / Applicant NOTARYt STATE OF C A L r Fv��t,•"� COUNTY OF j%/ EC7 v The foregoing bum went was a9bowlodgod Wore me thin �� of a'S"Sr 2011. John W. Akins is person0y known idecacatioa- z►xVA AFn.4r L: E*A& Type of Identification, did not Wm an oath. Admini es ve ReHef Arens Authwizedon Form Pace t of t N J. t1EL PERAI Cam a e>!/ --- (Date) I hereby authorize, LAW OFTTCE OIL RAY GARCIA, PA., RAY GARCl4A, ESQ. AND PAOLA HUEMBES to be listed as authorized agent for JOHN K AKINS for the Administrative Relief application submHal far 'Stuldin¢ Permit and ROGO Appllcati,m 4 07100479, 07100485, 07100483 and 07100486, for property described as Lot: 21, 22, 23, 24, 25, 26 27, Block I, Subdivision: Doctor's Arm, Key: Big Pine Key and Real Estate number: 00310280-000000, 00320260-000000, 00310240-000000 and 003I022(-000000. This authorization becomes effective on the date this affidavit is notarized and shall remain in efft;t 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 ace" foil 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 afammentioned applicant. Note: Authorization is needed from each owner of the subject property. Therefore, one or more authorization forms trout be submitted with the application if there are multiple owners. ,,, B s) / Applicant Signature J= K AKINS _ Printed Name of Owner(s) / Applicant NOTARY: STATE OF COUNTY OF ti"-C- The foregoing instrument was acknowledged before me this �day of U_ 2011. John K. Akins is personally known produced identifieati _ Type of Identification), did / did not take an oath. Artery PctxW Stata of Floes �1 g V6pinla L Gargpr+ My commasion o0a"996 ' m EWY@s 0310112013 Notary w ww w w..ww..wwwww-- Administrarwo Relief Agent Authorization Form Page of EO M m Ee P.." 173 17 �'lt7l2B� it P.." 1t Reeordad t^ 0fM."M Raaorda of Parcel ldenlification Na: 0"y IL. KOLHAW iGE COl11iT'f This Intl MMI Prepared BY and Return to � m SYge11' TRINR Virginia Pennon Sunshine Tale of the Keys. Inc. bock 1734687 102900 Overseas Highway #6 Bktl 2464 P9K 641 Key Largo, Florida S30S7 QUITCLAIM DEED Tbis QuiteWm D d, mode s � day' �of M.ra� vLb, 2 9, between CANDACE AICIIVS, whore address is K}, rantar, and JOHN W. AWNS and GLENDA AKINS. bushaod and wife mod iOHN X AKINS. joint teTumts with rights of survivorship wbose address is P.O. Box 246, Key Large, Florida 33037. Grantees. Wltnessath, that the Grantors, for end in caoa dwation of the sum of ---TEN A NO1100 IS 10.00)- ---- r ---DOLLARS, and other goad and valuable connidmtioA to Grantor in hand paid by Grantees, the receipt of whmb a hereby acknowledged )lave gmated, bargained and gniteWimed to the said Gem ten and Grantees beirs and assigns forever. the following desrnbed land, aihw% lying and being in the County of MONROE, State of Fiorillo. to-wir Lots 19. 28. 21. 22, 23. 24. 25. 26 Rad 27. Block 1. DOCTOR'S ARM SUBDIVISION, according to the Plat thereof an recorded In Plat Book 3. Page 14I. of the Public Records of Monroe Cotrety. Florida. THE PROPERTY DESCRIBED HEREIN 15 VACANT LAND AND DOES NOT CONSTITUTE THE ffob STEAD OF THE GRANTOR, NOR IS IT CONTIGUOUS THERETO. To Haw and to noid the same wgcdw with all and singular the appurtenauca thereunto belonging or in anywise appWAi=g. and all the estate, right, tittle, inteoest. lira. sgnity and claim whatsoever of Grantor. either m law or equity fir the use, benefit and profit of the acid GTamees forever, Io Wltaess Whereof, the Grantor has bereunto set her hand and seal the day and year rust above written. Stgntd. s led ad deN a in our premnoe- WfluWas 01 Slipavue CANDACE AMS a h P.A. Box 246, Key Largo. Flonds 33037 1 eel N k i a �r t I1 rMg%n ^ iAl AJE Lt� STATE OF FLORIDA COUNTY OF MONROE/r The fbmpmg instrument was acknowledged before an this d of Marc?, 2009. by CANDACE AKINS who is personally ]Drown to me or who has produced iI�yr.�_�w�.rti �L tT c+ut s`� as identific stion tttultttyy SEAL kkRt My Comtaisrion Printed Notary Signature rAMPOE COUNrr OFFICIAL RECORDS File 4 0902430 ' From: Grimsley-Susan Sent Monday, July 09, 20121156 AM To: Stankiewicz-Tiffany cc: rgarcia@raygarcialaw.com Subject: Akins -Tr1 ' / it Key West, FL 33040 1 MarathonFax 305.292.3516 :phone 305.289.2600 'rorn. Gnmsley-Susan Sent Tuesday, August 21, 201211:34 AM To: Ray Garcia (rgarcia@raygarcialaw.com) Cc Stankiewicz-Tiffany; Schwab-Townsley, 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 ganged 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. Key West, FL 33040 MarathonPh. 305.292.3470 Fax Telephonei EXyyHIBIT NEW APPLICATION rVRtw. PROPOSLU TIER n Mao MONROE COUNTY PLANNING DEPARTMENT ] I i - APPLICATION FOR RESIDENTIAL PERMIT ALLOCATION Marathon: (305) 28945M Planwon Key: (305) 852 7100 Application Fee: $430.00 + $20.00 Technology fee nro AAP rA'rm Fm tm ARvm)AKE tto wm) PLEASE PRINT AND ATTACH A COPY OF A PROPERTY RECORD CARD. IF YOU HAVE QUESTIONS OR WISH TO MAKE AN APPOINTMENT TO DELIVER YOUR APPLICATION, PLEASE CALL THE GROWTH MANAGEMENT OFFICE CLOSEST TO YOUR PROJECT, ONCE THIS APPLICATION IS ACCEPTED AND DEEMED COMPLETE, REVISIONS WILL ONLY BE ACCEPTED IF A NEW APPLICATION IS SUBMITTED. Owner(s) Name: 1 Ph Mailing Address: _/ 0" -f r 7--er r A-r F City43 State: F—�Tp: Agent's Name: Ph. CN) (H Mailing Address: City: State: _Zip. PROPERTY DESCRIPTION: Lot Bkxk --l— Subdivision J �� R c street ��'s MM: RE: `V0 0--CW-PW metas NO-AXHXIS, i�*hdawsm*"tfbn on sheet NUMBER OF UNITS: Mobile Horne: ^ douse: V RV: Live -aboard: Others: Check Yes or No. If yes, then atthwh the requested documents: Yes _ No f% The pro;ect Is combh hg contiguous Iota In a legally platted subdivision with water, electricity, and paved roads or is otherwise below density Please attach a copy of a proposed restrictive covenant limiting the number of units On the property and running in favor of and entaroeable by the County. Yes — No The unit(&) will be affordable housing. Attachment requved is a cum wd affordable housing approvai from the Planning Departrnent. Yes _ No The proposal includes dedwation of vacant, buildable land icceted to areas proposed for acquisition. Abachments nequff ed with this application are: 1) letter from the Biologist staling the properly is dedicateable, 2) proof of Owner", 3) OOPY Of We insurance. 4) proposed WARRANTY DEED(S) (Quit Claim Deeds will not be axeptsd), and 5) land dedications must be In the some ownership as the owner listed above unless the applicant has an approved land dedication certificate. Please list the RE-(s) of the land to be dedicated: Yes w No , `� Transfer of ROGO E mPbm (TRE's) are being Ufted hn the d>sMslopmen; of attached dwrellmg units. Order Attachment required. The appilcm must submit a copy or a carraW copy of the recorded Development approving the TRE's for this project TRE's balsas to be used for Oft application. 1 certify Ghat 1) 1 have read and examaned 8tts 8PPffc orlon !» k4V 899chmenfa and know same to be true and eof ed; 2) Alt provfsaiarts Of laws and ordinances gommin9 V* type Of wrork are owp*d WIM whether speraEed herein or rat rxAdrt9 the provision of Local, ShM, ar Federal Mq*Wnfflft ► gaWft cons wWon or on perlbwwm of cassia bW, and 3) IN* perk ds For COwrty MUM set foffh In Section 9.5-113 of f .n A or CadeT� y waked. Notary ! 4/07 Signature of Signature of Ai5plicant D to rID beRare me thrEs 1�day of� 20has produced aid who (till aid not) ftW an Oa , TO BE COMPLETED BY STAFF. DATE: �` "? TIME: PERMIT # (71/ Ewa------------ DAWN to BENDER otpq Pd& - BMW of FWWa CW9dNbn BOW Da 8, nN Oonrrt 0 a DD 586181t , aieed Nd" Atsen. r niae Denartmeet 2798 Overseas Highway Suite #410 Marathon, FL 33050 Voice: (305) 289-2500 FAX: (305) 289-2536 County of Monroe Growth Management Division Ord of County Com■nissfoners Mayor George Neugent, Dist. 2 Mayor Pro Tem Sylvia J, Murphy, Dist. 5 Kim Wigington, Dist, 1 Heather Carruthers, Dist. 3 Mario Di Gennaro, Dist, 4 We strive to be caring, professional and fair CERTIFIED MAIL 70062150 0001 0488 1131 A.priI 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 hazazd area. If you have any questioon lease contact me at 305-289-2513. Sincerelv,o'- &AtAY Stankiewicz Sr. Planning Tech. cc: Townsley Schwab, Planning & Environmental Resources Director 0%.- 3 C x p a r ' ^ oo CA ti W a r a - N 0 a In c' X o fw 7n o � MI d d a- ru r Ln d d 0 0 d cm 0. r w N 7006 2150 0001_ 0488 1131 ' ---- —_ — - —. C9 46 9 A F N -erg a c W - ru Ln Ln c 0�g a 0 c b,, ❑0❑ �, n w of y3 ❑ O r• 0 Appeal f from - Board of • • -Meeting Page 1 of 2 From: Grlmsley-Susan Seim Tuesday, August 17, 2010 4:24 PM To: Lee Rohe Cc: Hutton -Suzanne; Stanklewicz Tffany; Schwab-Townsley; Hurley -Christine Subject: RE: Alkens Appeal Thank you. Susan Grimsley, Asst. County Attorney 305-292-3470 From: Lee Rohe jmaft:lrrlaw@belfsouth.net] Seft Monday, August 16, 201012:22 PM To: Grimsley�Susan Su P-v: POGO item re property owner Aikens Susan, Plimse be advised that 1 will not be representing Banks Prevatt, Aikens or Holloway In the matter captioned below. 'shanks. Lee R. Rohe --- Original Message -�-- Prom: Lee Rohe To: Gdmsley-Susan Cc: BaprevattOaol.corn Seat: Tuesday, July 20, 201011:18 AM Subject. Re: tomorroWs ROGO item re property owner Alkens Yes, you're right. — Original Message - From: Grimsle -Susan To: Huriev Christine -, Lee Rohe Cc: Hutton -Suzanne Sent: Tuesday, July 20, 2010 10:31 AM Subject: RE: tomorroWs ROGO item re property cwvnerAikens 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? Susan Grimsley, Asst. County Attorney nix izth street key west, fl 33o4o -3o5-?A2,3470..Key .-Wast. ,. 305.289.25oo Marathon From: Hurley -Christine Tuesday, July 20, 201010:29 AM To: Grimsley--Susan SubJ RE: bomorroWs ROGO item re properly owner Aliens Which are they doing- withdrawing or deferring? 8/17/2010 -Page 2 Of 2 From: Grimsiey--Susan Seft Tuesday, July 20, 201010.23 AM To: Lee Rohe; Hurley -Christine; Hutton -Suzanne Cc. Borevatt0agi.com; Stanidewiu=Tiffany Su c RE: tomorrows ROGO item re property owner Afltens 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 Grimsley, Asst. County Attorney inn x th street key west, fI 33o4o 305. 292.347o Key West 305.289.2500 Marathon Lee Rohe [maito:lrriaw@belbmah.net] Sent., Tuesday, July 20, 201010:13 AM To: Crime -Susan CC: Bgprevatt@aol.com Subject: tonwrrow's ROGO item re Property owner Ailtens Susan, This will confirm our agreement to withdraw, defer or table the above item when it comes up at tomorrow's BOCC meeting. Thank you for your courtesy. Lee R. Rohe 745-2254 No virus found in this incoming message. Checked by AVG - www.avg.com Version: 9.0.839 / Virus Database: 271.1.1/3017 - Release Date: 07/20/10 02:36:00 8/17/2010 Wj BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 21. 20 10 Division:_ Growth Management Bulk Item: Yes No X Department: Planning and Env. Resources Staff Contact/Phone #: Tiffan Stankiewicz 289-2513 AGENDA ITEM WORDING: An appeal of the ROGO Allocation rankings of the Monroe County Planning Commission for applications #07100486, 907100479, 907100485 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. ITEM BACKGROUND: The applicants submitted four 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 staff, the Planning Commission has approved five ROGO rankings 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 Prevatt, applicants agent requested a continuance to the July 21, 2010 Board meeting. Since the filing of the appeal the Planning Commission reviewed and approved another quarterly ranking for the Big Pine/No Name Key subarea on June 9, 2010. This was the 5* quarterly meeting reflecting the scoring corrections 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: NIA BUDGETED: Yes NIA No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: N/A SOURCE OF FUNDS: NIA REVENUE PRODUCING: Yes _ No AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management N/A DOCUMENTATION: Included Not Required_,_X_ DISPOSITION: AGENDA ITEM # M MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to he caring, professional and fair To: Monroe County Board of County Commissioners From: Tiffany Stankiewicz, Development Administrator Through: Townsley Schwab, Sr. Director of Planning & Environmental 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 51h 26 quarterly meeting reflecting the scoring corrections where neither the applicant nor an 27 authorized agent where present. 28 29 Page I 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 32 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 Arm Subdivision, Big Pine Key, Monroe County, Florida Real Estate Number: 00310260.000000 Appellant: John K. Akins Agent: Banks Prevatt II BACKGROUND INFORMATION: A. Land Use District: Commercial Fishing Special District (CFSD-8) B. Future Land Use Map (FLUM) Designation: Mixed Use/Commercial Fishing (MCF) C. ROGO Subarea: Big Pine Key/No Name Key D. Tier Desi tion: Tier 2 NuDject Properties (outlined in blue) (2009) White fine shows separation of the AE Flood Zone and VE Flood Zone Page 2 Reviewed by 1 2 3 4 5 6 7 8 9 10 III 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 scoring error corrections. Application No. 07100486 07100485 07100483 107100479 Real Estate No. 00310220.000000 00310280.000000 00310260.000000 00310240.000000 Building Application Jan. 31, 2007 Jan. 31, 2007 Jan. 31, 2007 Jan. 31, 2007 Date The Applicants Pre Tier System minus Pre Tier System minus Pre Tier System minus Pre Tier System minus Building Plans 1 for AE Flood Zone 6 for VE flood zone 6 for VE flood zone 6 for VE flood zone indicated stood 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 Zone and a small indicated property portion in the VE flood stood zone. zone (survey error discovered in 2009 revealed a different proportion of the AE Zone vs. the VE Zone)' Building Department Reviewed for AE Zone Reviewed for VE zone Reviewed for VE zone Reviewed for VE zone reviewed plans for construction. construction construction construction AE/'VE 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 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 Zone Zone Zone closed July 2007. 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 -4 have indicated -4 have indicated -4 have indicated -4 Dints points mints points Date certified letter April 27, 2009 April 27, 2009 April 27, 2009 April 27, 2009 sent regarding scoring error Date return receipt May 15, 2009 May 15, 2009 May 15, 2009 May 15, 2009 was sijzned 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 P23-09, June 10, 2009 correction ROGO Rankings 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 Page 3 Reviewed by - FU 2 3 4 5 6 7 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, Dec. 15, 2009 P55-09, Dec. 15, 2009 P55-09, Dec. 15, 2009 P55-09, Dec. 15,2009 correct points ROGO Rankings Planning 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 I0, PO4-I0, March I0, PO4-I0, 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 with PI0-10, June 9, 2010 PI0-10, June 9, 20I0 PI0-10, June 9,2010 P 10-I0, June 9, 2010 correct points 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 APPLICATION: 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 -" 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 The properties are located in the Big Pine/No Name Key ROGO Subarea. This subarea is 10 limited to 8 market rate allocations per year, allowing for 2 allocations per quarter, provided i 1 there is enough mitigation to cover the H-value used for allocations. In the quarterly 12 rankings approved by the Planning Commission March 10, 2010, the two applicants who 13 received allocation awards each had 20 points and the subject applications of the this appeal 14 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 rather the June meeting. On June 9, 2010 the Planning Commission reviewed and approved 17 another quarterly ranking on Big Pine/No Name Key Subarea, which reflected the applicants 18 V zone scoring. 19 20 It should be noted that these applications will be eligible for Administrative Relief after the 21 quarter closure of July 2011. From the closure of the 16t' quarter, after the ROGO 22 application was made, the applicant will have 180 days to submit four Administrative Relief 23 Applications. 24 25 There is an alternate avenue available for the applicants to investigate regarding the VE flood 26 zone designation. Property owners may seek a Letter of Map Revision (LOMR) requesting a 27 revision showing their property is located in a different flood zone. There has been a 28 property in Doctors Arm that recently obtained a LOMR. The applicants may contact Diane 29 Bair, Special Projects/Floodplain Administrator for additional information regarding this 30 process. 31 32 As an aside, the applicants should contact the surveyor regarding the need for a new survey 33 and also, should contact the Monroe County Building Department regarding any building 34 plan corrections that may be required for the property identified with real estate number 35 00310220.000000. 36 37 Staff concludes the scoring was correctly adjusted to reflect the VE flood point deduction. 38 However, if new evidence is submitted to show the properties are in the AE flood zone and 39 no portion of the structure is located in the VE flood zone, then the points could be positively 40 adjusted accordingly. 41 42 V RECOMMENDATION: 43 44 Staff recommends the Board of County Commissioners affirm the Planning Commission 45 ROGO Rankings for these four applications. 46 Page 5 Reviewed by 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 #07100486, #07100479, #07100485 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 May 27, 2010; and FE 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 tem Heather Carruthers Commissioner Kim Wigington Commissioner George Neugent Commissioner Mario Di Gennaro DeputyBy BOARD '1 OF COUNT"'r' COMMISSIONERS OF MONROE COUNTY,1' 1 y Mayor Sylvia Murphy M 0 IPPI.IC MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES E C Er5 I V E IWN10 VA MONROE ,O. PLANNING DEPT. Appeal of Planning Commission decision to the Monroe County Board of County Commissioners (BOCC) Appeals of ROGO or NROGO Planning Commission decisions must be filed with the Planning & Environmental Resources Department within twenty (20) days of the date of the decision. Date of Submittal: 0 3/ 3 a I ,7 b /D Month Day Year Decision being appealed: Re c( ct C f 1 n n o r D (r P p OF n "� S Date of decision being appealed: 06 / / 0 DO 9 Month Day Year Appellant: Jahn k. Ak;�s Name P. a, Cox 44. L L4r FI- 3 jd�`2 Mai ling Address ( eet *City, State, Zip Code) -(05') 94a-r1333 Daytime Phone Lad c Ree- Email Address Property Owner: 12 k n k 1C � Name P. b . 6o x p2 q ,,6 Mailing Address (Street, City, State, Zip Code 733 Daytime Phone Agent (if applicable): va It Name 99 �7 avers�as h�wy. f'n FL 336Ll3 Mai lin ddress (Street, City, Sta e, Zip Code) .30! 875,,?-6,11 Daytime Phone 13 G Pre v Q-tt LO as ] . c a Y.-, Email Address t� farq o FL 330317 Legal Description of Property: (If in metes and bounds, attach legal description on separate sheet) - a..4-a C ke Block Lot Subdivision Key (Island) Page 1 of 3 R0(.0tN 0(.'() tppeal %pplicali(ra, Ke�i,cd Nlarcfh 231 21f11) i a 2M Real Estate (RE) Number Alternate Key Number Loi-S lei; 2Z W,46-s Lpcc,,e= Str ddress Approximate Mile Marker MM. DEPY Land Use District Designation(s): C F S D g Present Land Use of the Property: V L)— 0. h Are there any pending codes violations on the property? Yes: No: ✓ If yes, please provide case number: N 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 Iimited to, the Iaw being appealed and any facts necessary for interpretation of those Iaws. (Attach additional sheets of paper) All of the following must be submitted in order to have a complete application subm ittal: (PIease check as you attach each required item to the application) Complete appeal application (unaltered and unbound); Proof of ownership (i.e. Warranty Deed); L� Current Property Record Card(s) from the Monroe County Property Appraiser; A copy of the document(s), which comprise the decision being appealed; Any evidence and record which forms the basis for the appeal must be submitted with this application; ❑,/ Names and addresses of all expert witnesses that you propose to caII at the hearing; L"I Photograph(s) of site from adjacent roadway(s); If applicable, the following must be submitted in order to have a complete application submittal: L7ZNotarized Agent Authorization Letter (note: authorization is needed from all owner(s)' roperty) of the su bJect G Signed and Sealed Boundary Survey or Boundary Survey— sixteen 16 sets (please cons ( } (p act Monroe County Environmental Resources prior to application submittal to determine if this documentation is necessary) If deemed necessary to complete a fuII 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 shaII 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. a Page` 2 of 3 `5 kPI'LIC 1I'I()\ If the applicant does not submit the basis for the appeal with the application, appeal. 3�� f i Ic MAR nd d"eni�if th L) MONPG°,. JtI-1. OEPT• 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: N Date: (Print name of Applicant signing Application) Sworn before me this day of �" (�' d • OrM d69 • i'A11111eb" son Oct 12, 3M �61 'ys OD 80�+117 Notary Public ff"�� 0"d°d My Commission Expires Please send the complete application package to: Planning Commissioner Coordinator Monroe County Planning & Environmental 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 INCLUDES 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 means does not provide a sufficiently accurate record of all the speakers. Therefore, such "secondary" transcripts may not be accepted as a valid verbatim transcript. Page 3 of 3 lipplir:rtiorl 0 LEGAL DESCRIPTION LOTS 19, 20, 21, 22, 23, 24, 25, 26 and 27, BLOCK I, 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. REAL ESTATE NUMBERS 00310280-000000 00310260-000000 00310240-000000 00310220-000000 ALTERNATE KEY NUMBERS 1382337 1382353 1382370 1382396 Im nsiisi + ><t< S20" Parcel ldenlifica[ion No: F Rt`1GlTYd DOW lYlLla KRe of This Instrument prepared By and Return to: tt:52M $4.70 aw;MSTRIP C4: TitiNa Virginia Pennell Stmshine Title of the Keys, Inc. poop 273W7 102900 Overseas Highway f#6 Bkn 2404 Pori 842 Key Largo, Florida 33037 QUITCLAIM DEED This Quitclaim Deed, made tiya � day of Mareh 2U�9 between CANDACE AKINS, whose address is ate fp- %�• �ERf/Ea.Q GT`e^r_iro 1,`; t;O , and JOHN W. AWNS and GLENDA AKINS, husband and wife and JOHN K. AKIIHS, joint tenants with riglua of survivorship whose address is P.O. Box 246, Key Largo, Florida 33037, Grantees. Wltaesaeth, that the Grantors, for and in eonsiderstion of the sum of ----------•TEN 3i: NO1100 (f t0.00y •-- -- .---DOLLARS, and other good and valuable consideration to Grantor in hand paid by Grantees, the receipt of whieh is hereby acknowledged, have granted, bargained and quitclaimed to the said Grantees and Grantee's heirs and assigns forever, the following described land, situate, lying and being in the County of MONROE, State of Florida. io-wit: Lots 19, 20, 21, 22, 23, 24, 2S, 26 and 27, Block 1, DOCTOR'S ARM SUBDIVISION, aeeording to the Plat thereof as recorded In Plat Book 3, Page 141, of the PuhUc Records of Monroe County, Florida, THE PROPERTY DESCRIBED HEREIN 18 VACANT LAND AND DOES NOT CONSTITUTE THE HOMESTEAD OF THE GRANTOR, NOR IS IT CONTIGUOUS THERETO. To Have and to Hold the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all [he estate, right, title, interest, lien, equity and elaim whatsoever of Grantor, either in law or equity, for the use, benefit and profit of the said Grantees forever. In Witness Wbereof, the Grantor has hereunto set her hand and seal the day and year first above written. Signed,W d and dUliy d nur presence: niSi ✓, Nee 1 �eDACL AKX3NS t ! 1 P.O. Box 246, Key Largo, Florida 33037 ' Wi N 7LPri. l t 'Pa #11►«rwytA €NNA_Lt* STATE OF FLORIDA COUNTY OF MONROE 7ite foregoing instrument was aclgwwiodgod before we this d of Marc , 2009, by CANDACE AKINS i� who is txrsorially known to me or who has produced c as ldentiftcauon. .gtpttNl/pj�� " SEAL�+1� *'�- terry My Commission File N 0902430 Printed Notary Signature COUNTY OFFICIAL RECORDS fo" Ervin A. Higgs, CFA Pro e�Y Appraiser office (305) 292-3420 p pp Monroe County, Florida fax (305) 292-3501 Property Record View Alternate Key: 1382353 Parcel ID: 00310240-000000 Ownership Details Mailing Address: All Owners: AKINS JOHN WAND GLENDA AKINS JOHN K R/S; AKINS JOHN W AND 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 PB3-141 BIG PINE KEY OR409-382/85 OR788-1431 OR849- 801/02 OR1384-33 OR2101-1457 OR2404-841O/C Show Parcel Map Land Details Land Use Code M10W RES WATERFRONT i"311.1iiding Summary Number of Buildings: 0 Number of Commercial Buildings: 0 Total Living Area. 0 Year Built: 0 Appraiser Notes 11age uepth Land Area 0 0 14,680 00 SF S'LY 26' OF LOT 24IRE 00310250-000000 AK 1362361) HAS NOW BEEN COMBINED WITH THIS PARCEL PER OWNER'S REOUEST DONE FOR THE 2007TR 5(OafO7 JDC 2007/05 PERMIT # 07100479 FOR SFH IN PROCESS PER BLDG DEPTJDC) Parcel Value History .1ertified Moil `1a'114;&, View 'Taxes for this Parm, Roll Total Bldg Total Misc Improvement Total Land Total Just (Market) Total Assessed School Exempt School Taxable Year Value Value Value Value Value Value Value 91 2009 0 0 2,760 102,760 102,760 0 102 760 zaQa a o 117.440 117'"0 117,440 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.OMO 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 25,775 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 44.625 994 0 0 44,625 44,525 44,625 0 44,625 993 111"992 0 0 44,625 44,625 44,625 0 44,625 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 1904 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 NCB i F Saies do,1Gi gererat.y show €gip iq Otir Carnplft f systerrl ul-ti(: bout Nvr, o ;riee rnn -hs after _41,.e d73ta of, ;l� ;ro !°uo:: r•1 &i!E"UJ'sS no! Sriow up'. , !!t ;s i,. ,rj:eese alto f !"r't rE' tHile f0i 4tic-: 5L41P `.e,- rd to bi: rro". rsted ri.,;r k i€ fo, ,i _. N�€1i%iltwf' fin^ Jh rBTcic3nc!i1?C. Sate Date Officlat Records Bc 3/6/2009 24041841 3130/ 2005 2101 1 1457 Price Instrument Quallfia 100 QC 11 1 WD M This page has been visited 244 519 times. Monroe County Property Appraiser Ervin A° Higgs. CFA P O° Box 1176 Key idlest, FL 33041-1176 0 Ervin A. Higgs, CF Property Appraiser Monroe County, Florida Property Record View Alternate Key: 1382370 Parcel !D: 00310260-000000 (Ownership Details Mailing Address: AKINS JOHN WAND GLENDA PO BOX 246 KEY LARGO, FL 33037 Property Details Alf Owners: AKINS JOHN K R/S„ AKINS JOHN WAND GLENDA office (305) 292-3420 fax (305) 292-3501 PC Code: 00 - VACANT RESIDENTIAL Miffage Group: 1 OOH Affordable Housing: No Section -Township- 14-66.29 Range: Property Location: VACANT WITTERS LN BIG PINE KEY Subdivision: DOCTORS ARM Legal Descrlptlon: BK 1 NLY 24FT OF LOT 24 AND ALL LOT 25 AND SLY 17FT LOT 26 DOCTORS ARM SUB PB3-141 BIG PINE KEY OR409 382185 OR788- f 431 OR849.801)02 OR1384-33 OR2101-1457 OR2404-841 QIC Show. Parcel Map I Land Details Land Use Code M1OW - RES WATERFRONT Building Summary Number of Buildings: 0 Number of Commercial Buildings: O Total Living Area: 0 Year Built: 0 Misc Improvement Details Nbr Type # Unit! 1 CL2 CH LINK FENCE 402 SF Appraiser Notes Frontage Depth Land Area 0 0 14,746 00 SF ngth Width Year Built Rolf Year Grade life 67 6 1984 1985 1 30 a Lr I r L I zo (MI_ UU31 U270-000000 AK 1382388) & N'LY 24' LT 24 RE 00310250-00D000 AK 1382361) HAVE NOW BEEN COMBINED WITH THIS PARCEL PER OWNER'S REQUEST, DONE FOR THE 2007 TR 5108107 (JDC) ?006105 PERMIT# 07100483 FOR SFH IN PROCESS PER BLDG DEPT REMOVED OVERRIDE AS LOT IS BEING USED rz Parcel Value History Rol! values View Taxes for this Parcel. Roll Year Total Bldg Value Total Mlsc Improvement Value Total land Value Total Just (Market) Value Total Assessed Value School Exempt Value School Taxable Value 2009 0 281 103,222 103.503 103,503 0 103,503 2008 0 281 117.968 118,249 118,249 0 118.249 2007 0 251 412,888 413,139 413,139 0 413,139 2006 0 636 94.125 94.76t 94,761 0 94,761 2005 0 636 94,1:25 94.761 94.761 0 94,761 2004 0 636 37 S50 "!)PA 2003 0 636 32,944 33,580 33,580 0 33,580 2002 2001 0 0 684 748 36,238 36,238 36.922 36,986 36,922 36,986 0 0 36,922 36.986 2000 0 485 36,238 36,723 36,723 0 36,723 1999 0 514 36,238 36,752 36,752 0 36,752 1998 0 552 36.238 22,353 22,353 0 22,353 1997 0 581 36.238 22,353 22,353 0 22,353 1996 0 6 t0 36,238 22,353 22,353 0 22,353 1995 1994 0 0 649 678 36,238 36,238 36,887 36,916 36,887 36,916 0 0 36,887 36,916 1993 0 707 36,238 36,945 36.945 0 36,945 1992 0 746 36.238 36,984 36,984 0 36,964 1991 0 775 36,238 37.013 37.013 0 37,013 1990 1989 0 0 804 843 33,822 30,716 34,626 31,559 34.626 31.559 0 0 34,626 31,559 1988 0 872 20,708 21.580 21,580 0 21,580 1987 0 901 20,708 21.609 21,609 0 21,609 1986 0 940 20,708 21,648 21,648 0 21,648 1985 0 0 19.800 19,800 19,800 0 19.800 1984 0 0 19,800 19,800 19,800 0 19.800 1983 1982 0 0 0 0 19.800 14.449 19.800 14.449 19.800 14,449 0 0 19,800 14,449 Parcel Sales History I`iC'T 53lES tl0 ` Ct yerlerr7lij $s?ptv rr0 i(1 SySiE'rt' 'r,Ail! $iJQtJi r`ti0 to :n'2G' p'' of [! 5 af: •r .. :�i� ri r'Ef i y:3! C� � r3rt S'rO�v ii� in {his fill please aliovj 'Y;r�ra !qnp i ��( !- SniQ (t'GrJ(ii ir) 1Je uf�i.,c"r5-�t�. I �'t =� aeK yU�1 I� r! •J'sl �- he-!ce and Linder,3l3rjrj,n1�. Sale Date Official Records BooklPage Price Instrument Qualification 3/6/2009 2404/841 100 Oc 11 3/30/2005 2101/1457 1 yD M This page has been visited 244,515 times. Monroe County Property Appraiser Erin A. Higgs, CFA Ervin A. Higgs., CFA Property Appraiser Monroe County., Florida Property Record View Alternate Key: 1382396 Parcel ID: 00310280-000000 Ownership Details Malling Address: All Owners: AKINS JOHN WAND GLENDA AKINS JOHN K R1S, AKINS JOHN WANE) GLENDA PO BOX 246 KEY LARGO, FL 33037 E office (305) 292-3420 fax (305) 292-3501 Property Details PC Code: 00 - VACANT RESIDENTIAL MI Ilage 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 NLY 51.5FT OF LOT 26 AND ALL LOT 27 DOCTORS ARM SUB PB3-141 BIG PINE KEY OR409-382185 OR788-1431 OR949-801t02 OR1384-33 OR2101-1457 OP2404-841CNC f° Show Parcel Map Land Details Land Use Code M10W - RES WATERFRONT Building Summary Number of Buildings: 0 Number of Commercial Buildings: 0 Total Living Area: 0 Year Built: 0 lMdlisc improvement Details Nbr ,T.— # Units 1 CL2:CH LINK FENCE 594 SF Appraiser Notes �9e ueptn Land Area 0 0 17,390 00 SF mgth Wdth Year Built Roll Year Grade Life 99 6 1984 1985 1 30 REMOVED OVERRIDE AS LOT IS BEING USED N'LY 51.5' OF LOT 26 (RE 00310270-000000 AK 1382388) HAS NOW BEEN COMBINED WITH THIS PARCEL PER OWNER'S RE QUEST DONE FOR THE 2007TR 5108/07 (JOC) 2007�05 PERMIT# 07100485 FOR SFH IN PROCESS PER BLDG DEPT Parcel Value History Bell View Taxes for this Parcel Roll Year Total Bldg Total Mlsc Improvement Total Land Total Just (Market) Total Assessed School Exempt School Taxable Value Value Value Value Value Value Value 2009 0 416 121,730 1226146 122,146 0 122,146 2008 0 416 131,120 131.:536 131.536 0 131.536 2007 0 371 458,920 459,291 459,291 0 459 291 2006 0 2,398 153.750 156,148 156,148 0 156,148 2005 0 2,442 153,750 156,192 156.192 0 156,192 2004 0 2.485 61500 63,985 63,985 0 63.985 2003 0 2,528 53,813 56„341 56,341 0 56,341 2002 0 2,628 64,575 67,203 67.203 0 67.203 2001 0 2,746 64,575 67.321 67,321 0 67,321 2000 0 1.679 64,575 66,254 66,254 0 66.254 1999 0 1.738 64,575 66.313 66.313 0 66,313 1998 0 1,809 64,575 39,463 39,463 0 39,463 1997 0 684 64,575 39.463 39,463 0 39,463 1996 0 718 64.575 39 463 39,463 0 39.463 1995 0 764 64,575 65,339 65:339 0 65.339 1994 0 798 64,575 65 373 65,373 0 65,373 1993 0 832 64,575 65,407 65.407 0 65,407 1992 0 878 64,575 65.453 65,453 0 65.453 1991 0 912 64,575 65,487 65,487 0 65,487 1990 0 946 60,270 61,216 61.216 0 61,216 1989 0 992 54,735 55,727 55,727 0 55,727 1988 0 1,026 30.750 31,776 31,776 0 31776 1987 0 1.060 30,750 31.810 31,810 0 31,810 1986 0 1,106 30,750 31,856 31,856 0 31 856 1985 0 0 26,400 26.400 26,400 0 26,400 1984 0 0 26,400 26,400 26,400 0 26400 1983 0 0 26.400 26,400 26.400 0 26.400 1982 0 0 20,842 20.842 20,842 0 20,842 Parcel Sales History f,(vTE ?'.v5 OG '10! gE:rier9wr show .jp in Ci:l.' CG'ilj)trtPr SliSteM .,i 'il +, n f0 a�C . sale drje,, oof t P rl this list, please all,-01r rn+)re 1 f e.. f )r the Sa(E C,-rc� dE Inv "IFII Sale rate Official Records Bc 3/6/2009 2404 1841 3/30/2006 2101 11457 Price instrument Qualific 100 Q.0 11 1 WD M This page has been visited 244.507 times. Monroe County Property Appraiser Ervin A. Higgs, CFA Ervin A. Higgs, CFA Property Appraiser onroe County, Florida Property Record View Alternate Key: 1382337 Parcel ID- 00310220-000000 Ownership Details Mailing Address: All Owners: AKINS JOHN WAND GLENDA AKINS JOHN K R1S, AKINS JOHN WANE) GLENDA PO BOX 246 KEY LARGO, FL 33037 Property Details Office (305) 292-3420 fax (305) 292-3501 PC Code: 00 - VACANT RESIDENTIAL Millage Group: 100H Affordable Housing: No Section-Townshlp- 14-66-29 Range: Property Location: VACANT WITTERS LN BIG PINE KEY Subdivision: DOCTORS ARM Legal Description: BK 1 LOTS 21 AND 22 DOCTORS ARM SUB P63-141 BIG PINE KEY OR409-382/85 OR788-1431 ORS49-801/02 OR1384- 33 OR2101-1457 OR2404-84 I Q(C Show Parcel Map Land Details Land Use Code Frontage 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 Bull[: 0 Misc Improvement Details Nbr i Type CL2;CH LINK FENCE # Units 3 204 SF Length 534 Width 6 Year Built 1984 Roll Year 1985 Grade Life 1 30 2 US2-UTILITY BLDG 120 SF 12 10 1984 1985 2 50 3 CA2;CARPORT 120 SF 12 10 1984 1985 1 50 Appraiser Notes PAST USE WAS FOR TRAP CONSTRUCTION, AS OF 11'rV9 QB IS VACANT DRY PARCEL IS OVERSIZED FOR AREA KEY ADJUSTMENT FOR. 2010 TR.NL108 LOT 22 (RE 00310230,000000 AK 1 J82345) HAS NOW BEEN COMBINED WITH THIS PARCEL PER OWNER'S REQUEST DONE FOR THE 2007TR 508/07 JDC M 2007105 PERMIT # 0710486 FOR SFH IN PROCESjW BEDG DEPT REMOVED OVERRIDE AS LOT IS BEING USED. Parcel Value History ':1(ic c1 .01! Values, View Taxes for this Parcel Roll Total Bldg Total Mist Improvement Year Value Total Land Total Just (Market) Total Assessed School Exempt School Taxable Value Value Value Value Value Value 2009 0 3,209 50,100 53,309 53 309 0 53.309 2008 0 3,246 66,800 70.046 70,046 0 70,046 2007 0 3,042 167,000 170,042 170.042 0 170,042 2006 0 3.364 112.725 116,089 116.089 0 116,089 2005 0 374 83,500 83.874 83,874 0 83,874 2004 0 374 25,050 25,424 25,424 0 25,424 2003 0 374 8,350 8,724 8,724 0 8,724 2002 0 402 8,350 8,752 8,752 0 8,752 2001 0 440 8,350 8,790 8,790 0 8.790 2000 0 285 8,350 8,635 8,635 0 8,635 1999 0 302 8,350 8,652 8,652 0 8.652 1998 0 325 8,350 5,369 5,369 0 5 369 1997 0 342 8,350 5,369 5 369 0 5.369 1998 0 359 8,350 5;369 5.369 0 5 369 1995 0 382 8,350 8,732 8,732 0 8.732 1994 0 399 8,350 8,749 8,749 0 8,749 1993 0 416 8,350 8,766 8.766 0 8,766 1992 0 439 8,350 8.789 8,789 0 8 789 1991 0 456 8,350 8,806 8,806 0 8.806 1990 0 473 8,350 8823 8.823 0 8 823 1989 0 496 8.350 8.846 8,846 0 8,846 1988 0 513 8,350 8.863 8.863 0 8,863 1987 0 530 8.350 8.880 8.880 0 8.880 1986 0 553 8,350 8,903 8,903 0 8,903 1985 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 8,350 8.350 0 8 350 1982 0 0 3,507 3,507 3 507 0 3,507 Parcel Sales History 5--1'es 5G not 'ger;i7ara •'y Sit W ;1P III o;ir C.Orilpi filer system lintil a[ Otit tb'JC} to ihrarr after .+'le d:31=^ r- E cent -Saie does not snow Lip 1j,'his I'st please allwi more time `or the sale record ?0 be prcc,. , 55ed 1 :tr,k /o'w, r Pial!a"+GP =nn understand•ng Sale Date Official Records Book/Page Price Instrument Qualification 3/6/2009 2404/841 100 QC 11 3MI2005 2101/1457 1 WD N1 This page has been visited 244,526 times. DOCUMENTS WHICH COMPRISE THE DECISION BEING APPEALED I. Residential DweIIing Unit AIlocation 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 m o 7c e. .... . . . .. .. . .. . . vww . . . . . . . . . . . 9, 2:- 'it g x ZR i S,4 =-=-d Gaza - - t F,;:Z9:;6G Ic A if t J 95 j 4L 5t c c ic TH ®S Z iA j v FA 11 19 12 F C7 5;"l v D,-* -V no 17 L R IL m ix =7-oi i ire Sp 3 a F's SZ: 3;; MOV-1 ,AMR@ MCMU :74m-j M META" ;J, p EVIDENCE AND RECORD WHICH FORMS THE BASIS FOR THE APPEAL This notice was never received by affected party. ME County of Monroe Growth Management Division PlwW12 L tuna M.wW 2798 Overseas aghway AW-C or Cougty r'�.;,�c.�c . Suite #4I0 Mayor Owrge Neugenk Dist, 2 Marathon, FL 33050 Mayor Pro Tem Sylvia ). Murphy, Dist 5 Voice: (305) 289 2500 Kire Wi0fti on, Dist I FAX: (395) 289 2536 , ,� Heather Carruthers, Dist 3 Mario Di Ownam, Dist. 4 We av ive to he caring, P+afesaio►ra! and fair CERTIFIED MAIL 70062150 0001 0488 1131 April 27, 2009 John Akins 107 First Terrace KeY Largo, FL 33037 RE: ROGO Applications 07I00486, 07100479; 07100485; 07100483 Dear Mr. Akins: The PIanning & Environrnental Resources Department has found a scoring error on ROGO applications 07100486; 07I00479; 07I00485; 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 questio Iease contact me at 305 289-2513. Sincerel i Stankiewicz Sr. Planning Tech. cc: Townsley Schwab, Planning & Environmental Resources Director 00 i 9 ;Z 7006 2150 0001, Q488 1131 1-9 0 ctu ----------------- cn sg s� W o a �� c gr J .1 0 m It q i �� ao �J (Date) I hereby authorize ev be listed as authorized agent (Name of Agent) for for the ROGO application submittal for (Name of Owner(s) / Applicant) L.rx t P le1'.70 o7m or 07160y8 3 w f a r r P1-4e7'N 4 J G nr O t Ff'L•7-*)V Building Permit Application #A7100 �]4 p7/apy$(, for property described as Lot: n2) +a 1- Block Subdivision: loan L(3� ^, Key: Sir,Pad-K£u and Real Estate nnmber:OD310Ztjj>-coo Don Ig 00 I�Oy000ae01 0031D4Y6-4c10000! 00310.'?a0-040000 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 owii the subject property. Therefore, one or more authorization forms must be submitted wit catthe are multiple owners. Owners) / Ap�pllicant Signature Printed Name of Owner(s) / Applicant NOTARY: STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this t n�% day of awe. 20 1 Hsonally know�- Typeproduced identification of Identification), did / did not take a�oath. Not ry „ 1RES 15 20100 EtOGO Agent Authorization Form Page 1 of] 91MI SURVEYORS • ENGINEERS 3M3% 133266 OVERSEAS "111&4W AY. MLAMORADAI, Fl. phone (505) 664-0764 FAX (3M) 664-0816 A tTM911tl or mamcm WON= CONICKArm ---IF m CC CM Ar a M W' kz"L -OZ. 14, TW 't H. QQE toli.TY, I! MCIA urW-rX 0 T-Ee Sam ti Ib- Tk-— va b z yNV N& fl.2 If so. ft. :L;ra 'ISOE pi 9I amyl IT—mas— S: ll-a r m 4 44 AL 1.41E T.A Sir ZVI #j'77e" AANff TO *-Kss) 7711 —1 '? ss'gol (u, ya s'HOW um 'far/ LOT 77 -)•o ;lk ticpl-cmy W'vs UYY ilk W,.rf;F( 1, D 'WS ARM 4.cccpcZ-`�Q ThE PLAT lq;R'W; 13 RECCRUD IN PtAl SOM 3. OACT 141 99 IL rst PQRlC WCOMS OF ldr.% rC!X,4-, .oV-FHFA VADI AN L4c4-SS/EGItESS EA=WOO OAR -,K Vy Or W3 -Z3 AAA 24. .t M-rC,1�00,r- A M A :sjes-Or,• AS Rfcomm %4 11LAT WQK 0-= 141 tF I`IE KSkIC f0_01*5 Or wmqCE =NTY. fl.CftDP- Sze 70,4,0 4-3, ate 41 A" SrAWill F�.�JWI HAVE W6 Ndlr" CF3dNA-,&C WW�'JS S3JrFVcA OR tAWANV ViCiPt ASs%IIAOL kL DEjkMWW -M CISTAK"', AAE MCASLltM w. PCW KAr V4L-'%S OT"tRWHIM NO k;q.M0kOuW E,4Cf40ACKML4TS, FaMOAVOWS OR UTWJIXS HAW BEEN lCr-kT0 OR '040*N tMESS ClIERMSE -VOTED 4C m M.MEWS Cr ft=10 PEP-KCIT140 C-SEUNTX AND/00 t"tR54P "'4c 1'�'Pvq4m 7RC WP%'tTW �.Pl AS TMWN �WFW � -7AIr LIAW�l KQ.V.06 A", S.L - 0.0, -W-4CFWA*-KI, 0 L ft 910 S12 tar A-KLr, -,CrWW. 4CAT4 =M-lj) IRW PLAT 0. %14.5 10 MWY T4AT I IL4YE 9WSULI�9 W, is MAL -.C-7JRAACE AQW4S-'RAILOk P.= 9A-APQ scvNOARY W. ,MMUVWrY W25129. PAREL q.1 32'8 W. -tT`F-CT-,t E)A = 21. 8/m A:"D T'F 'ER -ON -i tcRoom *QCPVTy APPEAR; to aC 14 20hs' V*, iWTH A OAfF- ASSREYIATION LEGEND: OURTPED FOR SCUNCAW %J"ty FOUND FROM ROD, SOM WMATED SEC, SECMW 11P. Tw, TOMSHP MERMY =TWY THAT nes SURVEY mEETS THE M404M RGE, RANGE TFCHMC& STANWCS AS SET FORTH BY TIE FLCRIDA W'.;ww2c.%m FOUND MAIL AltO OFM BOARD OF PROrESS"& SLMWYWM S AMAPPERS 10 .1" WT MAX AND M F,LS. 0619 PLAT Tm -- KCA FOUND CONCRETE MONtAfiXT MEASURED ON WNWMATIVE CODE STATV "PAW. PIRLWW NUUW�KX MONUMENT IL-11 DEED CALCULATED 11.9P- PERMANENT 004TROL PONT CONE CONCRETE ,PORT OF iNTOVSECTION CCV, COVEM for awc 19 1 Wly PONT OF CURVE ASPH . AS20MV PVMT, PAVEMMY E PmNT OF KZ*04WC 6;1A%RENCE P. FRANC PLS. 0014J OATS- 10/67 ,/.W. RWT-OF-WAY RXV- ELEVATLOW #MASS SEALED yo!$.' TIMM NOT VAUD 0 m c f. LAY RENC�; SURVEYORS + ENGINEERS • LAND PLANNERS 83266 OVERSEAS HIGHWAY, ISLAMAORADA. FL 33036 +� Phone (305) 664-0764 FAX (305) 664-08I6 7 OF1T1rFIEp T0: CAHDACE AKHS lrt.' LEGAL OESCRtPnOM JOB Nr 4030E • ALL OF LOT 25 ANO THE NORTHERLT 24.00' L AND M T ,7A0' OF 7 24 OOC70R•S W IOEE STY FLORIDA 29 [. RECO Cf u C•�Il.OTHE PLAT *KREOF; As RECOfiOFD M PLAT BOOK 3. PACE 141 OF THE PVBUC SVO&CT To AN WCRE5S/E4YIESS EASEWNT DOER THE WESIERLT 12A0 OF LOTS 23 t 24. BLOCK I. AFORESAID ODCTOR'S ARN SLETONSIC*L „AP _ _ -- -- -_ - - -�E 1 ` 1 . ` SCALE: 1-.37 ea: ' / `�'�. R/77�S'1GAUVB 2Ori/1R 10.00� fP) 156.90' (W. TO SHORELINE I mr, (M. To WITNESS) I '1" x � Lp % r PnA' pl O ■Ir>wOMC � o 14 746 SO. Fr. / . All ' = Bog i e aD C hen n e t j 9 Gi 10.00' F%i° (P v I I I I v y — Nar lk W sl�nrPRj $ I ".o'uMOmx� �UPI�I'.XQI'(Jr(A'aY ` xa jIY`I ti 149.81' (M. To YWTNESS) W. )77.2' MI. TO SHOREUNE) l , ItUJlEZ'Ai'/(A�A°M I $ r I far/ SURVEYOR'S NOTES: :•'I• 1.I ALL CORNERS FOUND HAVE NO NUMBER CESIONATWC PREVIOUS SURVEYOR OR COW ANY ExCEPi AS swxTa 2 ALL BEARINGS AND OISTANCES ARE MEA"M PER PLAT UNLESS OITE"SE NOTED. .4 . NO LWMCROUNO ENCROACtNEIITS. FOUNDATIONS OR UDURES HAVE BEER LOCATED CR S710TRf l>rItF55 OTFfRWLRE NOTED, 4. NO UT AS SM of RECORD REFLECTlIC EASEMENTS. RLOMIS-�OF-MAT ANO/OR ONE�R:R90P WERE PJ N r>IEO THIS SURVEYOR No 'N r AS Sr1TS lIEREOH. S. D.EIPAOON CA1M1 PLC. T-CL IM. I SL '. Da. BE ICHAAA IC FL419M SRO. EIEV.�P442 6. BASS OF EFAIEtIG LAl ANgES . 7017C'00 : NORM SI`alin FROM PUTT .',. B. 71✓B IS TO CERTIFY THAT I HAVE CONSULTED THE 7TafRAL 9FSUItANCE STRA17C1I FLOOD HAZARD BOUHOART MAP. COMMUNITY N6.125129. PANEL NOA32B K MM11VE OAT; 2/5B D5, ANO THE HERE01� DESCRIBED K?' PROPERTY APPEARS TO BE IN ZONES AE t M MATH A BA VA710N$ OF ID' A: 11 M.S.L. ASSIRENA-RON LEGEW. COMM FOR BOLNIDAAY SURVEY F.LR FOUND IRON ROO, Si2E INDICATED gG SAP. SET IRON PM'E, I/t P.LS /MPS TAP.. To11NSIAP + HEREBY CERTIFY THAT THIS $LR14Y MEETS THE WMMUA SMWM F.IP. FOUND it011 PPE. SIZE NOIGSTEII ROE RAMM TExiWCAL STANDARDS AS SET FORTH ST THE FLORIDA ?' FJI.O. SETFOUNDM I A D O C ( DEED BOARD a PF40TSSMAL 6VRYE'TORS AND MAPPERS N S.M.O. SET NAPI AND OIRIL, P.LS �s619 t1)!P PLAT CHMIER 7-6. FL AOFOlgS1RATtNE COOL £CH FOUIW CONfRE.TE WONUYENT SECIgPI 47'2. 7. FLOR10A STATUTES. PAN, PTRM t rT REFERENCE WOAM/EIIT COMICCONCRETE A` P URED P.CF. PERMAAKNT CONTROL FONT I�Gc"r P-L POINT of NTFRSEC110PP �H COM D /LCFpF PKC L!! arPly 12/4/OB Pr POWT aF CURVE P-DIL POW OF SEWWWO P%wT P414DA R LAWRENCE Fs FRANK R.LS. fM19 GATE: 10/E/pB rVP r64C.A-LOF-HAT ELEV. p-ETATtON NOT TAW UNLESS SEALED W -MACE AKWS .J Fy ` I U Fe — � I pp 4 n O 'Ib � (P) � —JI LAB ;ENCE P. FRAM£ SURVEYORS ENGINEERS • LAND PLANNERS 83266 OVERSEAS HIGHWAY, ISX (30 ADA, FL 16 07/00 Phone (305) bb4-07b4 FAX (30S) b64-08l6 A O VIUM OF mccAvvOM susmu 09A14R sw LEGAL OFSCRW11ON, LOT 23 and 1W SW'I'r RLT 26.OW OF LOY 34. MAKx 1. OOMWS ARM SLBONSION. ACCOR001C ro THE PUT THEREOF; AS RECOROLD W PUT BOOK PACE T41 4F THE PLBLIC REODROS ff MONROE COUN7r FLORIDA. SUBJECT TO AN INMESS/ECRESS EASDAENT OVER TIE VlESTMV 12-00' OF LOTS OOCTOWS ARM SUBOIVIyoK 3 24. BLOCK 1. AFORL`$Aq JOB NP 906344 3EC 14, TN?. 66 S.. RIX 29 E MONROE COUNTY, FLORIDA N SCALE. 1'-30' /,Vff Me.a 0A 10 >�O.uEI '• r�ra�'/ate \ ,-• 777..2' (M TO SHORELINE) 149 61 a r — .r PIZP) 47.pt 70 eNacxiD '• !�a NV 1}J} S � T9.690 S0. FT. / 0.1)7 ACRES x 1� ![�l1 slaala�c 'BMW (P t ►I. FO YATMMQ x �. 236.4' N. TO SHORELINE] i x~ Col/iw ' ROAV 6�/. _ SURVEYOR'S NOTES: 1.) ALL CORNERS FOUND HAVE NO MMBER OESM NATWC PREVIOUS SURVEYOR 2. ALL SEAMNOS AND OIST OR COMPANY EKCEPT AS 9101MF. ACRES ARE 1rOL A Tb PER R MIMILINIES S$ NAVE O ML CAI 4. No wsl UY�FNf�S u w EARONS dl UTR n— NAVE BEfH LOCATm OR SiOYM IMIESS Orr1EAMLSE NOIEO. EICCEPT AS 5►101RT FEREON. Rff{ECIMFG EASEMENTS. RfW15-Ci-MAT AIAMR 01INERSFRP MFRE FVg1 V- iFR5 SUi�EIOR S• BASSELLEVAIpf DAMJM N.CV.O. 1929. LLSL - 0.0. BOODWAM FL4%*M 9R0, OXVt10,42 e. BASS OF BEARMIR Lor ANOLES - OOWO ', WVM SCALEO FROM PLAt M- COMTHS IS R7 CENiXI' THAT 1 HAVE L'DNSIILTEO THE FEDERAL WSIAtWCE AOMAIISTRATIDN FLOOD 80UNOART MM, PROPERTY PPEAR429r0 SE EIN L20 IEs3kf9, EFFECTIVE M7V A 8A9E�B vA{i NS � 10 M tOtN' S BEo ABUREVIATION LEGENO; NO RON ROD, SM 9401CA%EO SM SECTION %RON PPE, 1/r P-LS. 14619 TV. TOMITSHIP NO RCN PIPE SM RIOICAMD ROE. RAOM J 0 NAIL AND OmtO r NAL AND OMP.L.S. 1N19 OEMOE LIND CMKRERE mam"r PLAT RMANEN7 REFE'RFJVCE MOMMEAr C TED RMANEMr ODNTROL POWT Of R17FltSECTfON COY, COYEIdO IN WT OF OLRVE ?NY OF BEGWNWO ASPFL ASPIIALT .4iT-OF-WAY PWT. PAYEYENr ELEV, ELEVA00N 'ICAL N CERTIFIED FOR BOUNDARY SURVEY 1 MUMBY CERDFY THAT TNS SLRYEY MEETS THE MORMW TECHNM-AL STAMQARM AS SEr FORTH Br THE PLORM3A BOARD C4' PROFESgOeI� Ap MAPPERS N CNAaTER 61 CA AOWMMTK P1R1311ANT SECBO�M1�'/0�Y..!�FLORIDA STA�S, OF Pwc In poly 1Z/4/04 LAIRRENCE P, FRANK P.I..S, 14619 GATE: 10/6/06 MOr VALID UNLE55 SEALED I Di sc,I,._,�,t,., SFAS Hrd+wAY, 1� �FtAp �� '° Phone (305 664-07 4 A "Sm or Mcea Saw FAX (MS) 564-0816 '�'+ ol+sxr� LTmaeelur MATED TO' CANDA4e..nW- f F Af/KALI rAV S.,rt3 1 Y P► ♦ 4ry _ 0.4 ` I o�A/uwc f r---}� 1 I — � f L_—_,�J a lei lQF,y � BAX/ ePdi/ 47/ MrIv _ far/ "LPN xi rr. / O.sl Iqq 1 I 1 rw W/ OWN 1 t JOB Ms. koom sEC. 14, T1W. 66 CaMTY, rS,,LL ROE E. MpmOE N scue AMWO- TD -CTOR'g7 1 mob. DOARy SUB01USN711, RA P�ff -41 OF THE P1.6l1CNA=,v I MONROE COUNTY, FLORDA. OF [' 100-00, CC) a 7/4. f M Y 1} Y lip CQlry a�rV•fi�ny 1 y 1 1 1 pp L) ALL CORNERS FOI,HO NAK ND Viii St1R y's Noms.. 2 ALt BSARMCS A+AD aSf NUTA9FR DESONAIMG 1 MO UII _MILES ARE 41EASt/TfD PRL'MOUS CDIIPANY EX AS 5 to"L ENOxc�rHi°I °FDa+o RE►>EcnAnaws oa uml �ADT►fnwse NDTEp sssr 6.� BSA DAMN M�FR� N.20. ItiL1�fT5, WpiTS-0E-IYAT AFID/pDpWERE DMERM75E1'fMII4 T116 s ifl ITFY i�HArµ� � yoy000 NDRpIac,A�o 12n+70 1tb 1FMs CO4fMlNnY Ha1�5129 PA S 171E ! R.AT Z _,O, PRDPETT7Y AppEARs TO 8E IH IONES3AE FFF'EC7T DA /�pS,A�IERION DE9(.Rl� �Y'. vE 111TN A S REV Tlp�s DF 1p dt Il' yT,S,L F,LR _B E Lo 7 CEGENO: m0N ROD. SSLE HDIC(ATEO S FJ� FOU+7O KION •PH (f619 T.N.O. '= MAR. T uP SECn ON POE. ANO 03K FOUIg74619 P.R.11. PERYANEH'f RAN % y{� P.C.P. DERV CE T"01 P.L PDy�TRDi PON7 1({ C 1ED S P.O.B. PpNNT BEC611eNC ASft COV omw VEALO np ' F-OF-TINY 7TPICAL PVAv. PAVEiIEki " ElU E1FVA11aN CERTIIlED FCA BOUNOAR7 PURVEY TEOMGL STANDARTKAT DS AS S S1IRVEY YEE75 NY'Io1RlY BOARD OF P SET FORM eY 7NE MAPPMS IN �TD 7C ►L°R10` A7. FL RAT,, 7vrm 7ay. FLO�pA STATV1Eg LAWRENCE P, FRANK P,LP. /s81P DA 1E ID/6/06 NDT VAuD IpM.E55 SLAUO 9 f Tirh Decuetent Prepared By and Return to. rraalltlin D. Greennasl, 96Q. 3800 overseas aLghvaty, SuLte 40 Marathon, 1I, 33030 Pareei ID Number. Warranty Deed This Indenture, Madethis 30th dayof Cindy Valients, a married woman Deep 1507844 04/07/2005 10r12AM Plied i Roearded In Official Records of MONROE COUNTY DANNY L. KOLRAM DFED WC STAMP CL: JILL $3,326, 00 Deep 1507444 Bkp 2381 P94 1457 March , 2005 A.D., Between of 'he County of Hardin I sure of Tennessee , grantor, and John W. Akins and Glands Akins, husband and mite and, John X. Akins and Candace Akins, husband and wife, as Joint Tenants with Right of Survivorship whose addren is: 107 First Terrace, Key Largo, FL 33037 of the County of Monroe state of Florida , grantees. Witnesseth dual the GRANTOR, for and in eoraidera0on of tare stun of -------TEN DOLLARS ($10)----------------------- DOLLARS, end other good ud valuable eotniderarion to GRANTOR in hand Paid by GRANTEES, the tme49 whereof is hemby acknowledged, leas gw+red, bargained and sold to flan said GRANTEES and GRANTEES' hairs, sweesson and assigns forevw, the following described land, rimsia, lyini and being in thoCouaryof Monroe Suta or Florida to wit: Lots 19, 30, 21, 22, 23, 24, 25, 25 and 27, Block 1, DOCTOR98 ARM SUBDnVZSZON, according to the plat thereof as recorded in Plat Book 3, Page 141 of the Public Records of Monroe County, Florida. The property herein conveyed DOES NOT constitute the HONESTEAD property of the Grantor. The Grantors H0M88TEAD address is 27330 Highway 69, Morris Chappel, TH 38361. and dw gnaor does hereby fully wanraul the title to said lied, and will defend Ifte $amo against lawful claims of an petsoes whomsoever. Ia Witness Whereof, the grantor has haew+to sell her had and sal the day and year first above wriaar. Slgne , eded apnd�de!lvered In our prexace: MDO& (Sea[) Printed IJame: Ci aliente P.0 Address: 273301111121way 69. Monts Chapel, TN 38361 3� Print Name: 1A�•� witness L/ STATE OF Tennessee COUNTY OF Hardin The foregoing imonmreat was acknowledged before me this 30th day of March , 2005 by Cindy Valiente, a married woman Te!t+ es C e— she is personany known to me orshe has pmdeced driver' s,lieease tl tom° hiHr y Printed Name: *' >j*tfe Notary Public AT * My Commission Expires: MONROE COLN" OFFICIAL RECORDS [.?�sr -- t: ea..wr bo D400 *We ue. ma, turn xs.snf der n.wn-t Staff submittals M Page 1 of 1 Stankiewim-Tiffany From: Bgprevatt@aol.com Sent: Thursday, May 27, 20101:20 PM To: Stan kiewicx-Tiffany Cc: Gregholloway07@aol.com; ABJDESIGN4UCaol.com Subject: BOCC June 16 Tiffany, Per our conversation this morning, I 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 16, 2010 to mean I would be heard before the Planning Commission on June 9 or June 23. Subsequently, I 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. 29967 Overseas Hwy. Big Pine Key, FL 33043 Cell: 395-0238 Direct: (305) 872-5264 Fax: (305) 872-4220 6/8/2010 41 flanqfuLpSaar 2798 Overseas Highway Suite #410 Marathon, FL 33050 Voice: (305) 289-2500 FAX. (305) 289-2536 County of Monroe Growth Management Division Board f County Commissioners Mayor George Neugent, Dist. 2 Mayor Pro Tem Sylvia J. Murphy, Dist. 5 Kim Wigington, Dist. l Heather Carruthers, Dist. 3 Mario Di Gennaro, Dist. 4 We strive to be 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 questioWlease contact me at 305-289-2513 Tiff)Stankiewicz Sr. Planning Tech. cc: Townley Schwab, Planning & Environmental Resources Director M a C z C) Q. N o c -� s r — 00 V1 (D _ C. o. ;. - - N ro- N CJ c _ 7c O A® • n M d C3 flu u, c3 d C3 03 Y w i I WE F f 7006 2150 0001. 0488 1131 71 '1°7 1-9`�- -� W cl G "[ . m ------------------ fail c� �- ��, cu� s C a a a V► °" J ru Y In � � p a 0 a 0 o Y o 03 03 Y ,❑a❑ w IT 1 ❑❑ i I (I I k Li] SURVEYORS • ENGINEERS • LAND PLANNERS 83266 OVERSEAS HIGHWAY, ISLAMORADA, FL 33036 Phone (305) 664-0764 FAX (305) 664-0816 A (HY&ON OF MEGAVMM Bum CORPORATION i CERTIFIED TO: CANDACE AKINS < I O 1!T?I'ERS" L4Nf x01z/w IV A 3 PM A L T PAVEMENT 10000' (c) 'k pP d 0UY I - _ _qM F.J.P.( cu r — I h L---�—� O BAYr/ lar� lorr! I lar� 10.700 94 FC, J' I 13U ACxE h l ELEy$r1 I s lOr1J I r sa (P) ar (P) a r h 100.00' (C) 3/4- -P< PIP COVATY_ ROAD h by GO- R/1N _ ; JOB No. k05303 SEC. 14. TWP. 66 S.. RGE. 29 E. MONROE COUNTY. FLORIDA 1 N SCALE. 1--,W LEGAL DEsCFIPnON. LOTS 21 and 2Y, BLOCK 1. DOCTORS ARM SUBDIVISION, ACCORDING TO THE PLAT THEREOF: AS RECORDED IN PLAT BOOK a PAGE 141 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA. PP \ 4m Qy ' pp -.... i SURVEYOR'S NOTES: 1.))) ALL CORNERS FOUND HAVE NO NUMBER DESIGNATING PREVIOUS SURVEYOR OR COMPANY EXCEPT AS SHOWN. DTHERVASE NOTED. S. NO UNDERGROUNDALL BEARINGSDENCROACHMENT% FOUNDA71ONS OR UTILITIES (DISTANCES ARE MEASURED PER PLATSHAVE BEEN LOCATED OR SHOWN UNLESS OTHERWISE NOTED. 4.))) NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS, RIGHTS —OF —WAY AND/OR OWNERSHIP WERE FURNISHED THIS SURVEYOR EXCEPT AS SHOWN HEREON. S- ELEVATION DATUM N.O.VD. 1929, M.S.L - 0.0, MCHMARK: FL41030 SRD. ELEV.—la42 e. BASIS O BEARING: LOT ANGLES — OOWOO", NORTH SCALED FROM PLAT,8. THIS IS TD CERTIFY THAT I HAVE CONSULTED THE FEDERAL INSURANCE ADMINISTRATION FLOOD HAZARD BOUNDARY MAP, COMMUNITY No.125129, PANEL No. 1328 K. EFFECTIVE OATE 2 18 D5, AN0 THE HEREON DESCRIBED PROPERTY APPEARS TO BE IN ZONES AE do VE, WITH A BAD ELEVATIONS OF 10' do 11' M.SL ABOREVIATION LEGEND: F.LR FOUND IRON ROD, SIZE INDICATED SEC. SECTION S.I.P. SET IRON PIPE, 1/2" P.L.S. #41i19 TWP. TOWNSHIP F.I.P. FOUND IRON PIPE, SIZE INDICATED RGE. RANGE F.N.O. FOUND NAIL AND DISK OEM S.N.O. SET NAIL AND DISK, P.L.S. #4619 P PLAT F.C.M. FOUND CONCRETE MONUMENT JMDJMEASURED P.R.M. PERMANENT REFERENCE MONUMENT C CALCULATED P.C.P. PERMANENT CONTROL POINT CONC. CONCRETE P.L POINT of INTERSECTION COV. COVERED P.C. POINT OF CURVE P.O.B. POINT OF BEGINNING ASPH. ASPHALT R/W RIGHT—OF—WAY PVMT. PAVEMENT ELEV. ELEVATION Ty?. TYPICAL CERTIFIED FOR BOUNDARY SURVEY I HEREBY CERTIFY THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE BOARD OF PROFESSIONAL SURVEYORS. AND M �NkpNK CHAPTER CI7-6. FLORIDA ADMINISTRATIVE ��i- TO SECn�f N�.027, FLO�fDA ST ph 1,1 Y.L+T iS i;.f PdVsad for perc teat 12/4/06 o, LAWRENCE P. FRANK P.L.S. /4619 0AT'n�Oj�f 2^i'; s`+r L , NOT VAUD UNLESS SEALED rim 24 x I WITTERS LANE 20 FVW ASPI- ALT PAVEMENT 1oo.w (c) 10' WIDE CkAS$ �H• BUFFE LOT 22 I LOT 21 I BLOCK 1 I BLOCK 1 I I I I �I $j I I�1I� ®asmaoakr�w I � 1 I 100.00' (c) Qli I � L.OT 26 --j BLACK 1 cps .� I LOT 21 I b BLOCI `I e I 1 i I � $ LOT 24 BLACK 1 I I I w i I .I MMMI I LOT 23 BLACK 1 it 1 j ql PP cz A _ COUNTY ROAD) 1 �" IVVMTTONB EINOOAAPLIAmm VIDIM TFEICTION 1CTj1OP 7 LUG ,-ASER7. GENERAL NOTES: CCMWM COMPRESSNE STRENGTH Fb-4= PSI M1NIIr w AT mB m'A SLLw" 2) REiNF011CSJIi STEEL AM A4115, GRADE OD 001VER FOCTOMAMINSFEAM Y FOOTWW IN FOF#AS _.— r BE" a OOLUMNB r SLAB*InHORSURFACE W EUMOR SURFACE 1 IN CAST AGAINST FAIRM r SPLXU: W BAR DL41rETER 3) CONCFEM MASONRY UNITS ASTM C GJ)6W, Fin-IWD PSI 4) ALL STRAPS. BRA4CKES6, CONNECTORS, EIIC. TO BE SUPPLIED BY SOUTHEASTERN METALS OR BaLML PHONE NO.ODO)842.127a 0) ALL FABRICATED ANCHORS TO BE HDT-DIP GALVANIZED PERA4STM ARBOR SFAKMISSTEEL S) ALL LUMBE14 RS-1250 PSI W. E-I I lL PSI 7) TIE BEAM COMM BARS SHALL LAP iW MIN. ROaO- +10 POINTS - PLATTED SUBDIVISION +1 POINTS -GROUP 1 HABITAT +2 POINTS -WIND LOAD RATING 175 MPH PER ASCE 7--D2 +1 POINTS ULTRA LOW VOLUME PLUMBING FIXTURES I.6 GAL _ FLUSH TOILETS, 2.D GPM FAUCETS, 2.5 GPM SHOWI HEADS +1 POINTS -SEER RATING >12 +1 POINTS -SECONDARY WATER SOURCE 2,500 GALLON CISTERN +1 POINTS -HEAT RECOVERY AC - ALTERNATIVE ELECTRICITY +1 POINTS -EXCEED FLOOD ELEVATION BY 13 INCHES -2 POINTS - AE ZONE TOTAL : 16 POINTS NOTES: TANK AND LID 35DD PSI CONCRETE TANK REINFDRCED WITH 3/8' STEEL 12" D.C. BDTH WAYS REGULAR LID REINFDRCED WITH 1/2- STEEL BOTHWAYS TANK WALLS AND BOTTDM 4" MIN PRE -MANUFACTURED TANK BY FLORIDA ROCK AND SAND (DR EOLIAL) TANK CAPACITY TD BE MIN 2,50D GALLON$ -pRCFI OWNEi_ LOTS 21 & KEY LARD STRUCTURES: BUILDING LOT C)VERAflE: NET LAND IMPERAOUS COVERAGE RESIDENC CIRAVEL D TC►TAL i31811.IRBED AREA OPEN LANDSC PROJECT: AKINS RESIDENCE PROJECT NUMBER: AKINS C NET LOT AREA = 18, IMPERVIOUS AREA = 2.E CALCULATION: 2,8402 m 23-1 MANAGE PROVIDED: SWALE i TDP AREA (rA) B f 4BG SF 195 2 t8G8F 03 49-wTDPL9Jm f 1V TOP W4r WT LENWff 1 9NALEAREA WA NO FILL 1d MTV SW&E #1, N.T$ S� 7oPW7 2"TOPLB439 I SWALEARFA WI NO FILL r4lWTWO �WA'iL.0 #2 S N.T.S. CERTIFIED TO: CANDACE AKINS LAWRENCE P. FRANK SURVEYORS • ENGINEERS • LAND PLANNERS 83266 OVERSEAS HIGHWAY, ISLAMORADA, FL 33036 Phone (305) 664-0764 FAX (305) 664-0816 A O VL90N OF ME"VMM BUWM 0WORATIM C a 17 a 1 130.00' (C) cn, , ~ i4264' i x� (u) WITNESS uNE J 0 � O a ,85390 SO. FT. / 0.376 ACRE vo y� LOCAiIaI ry I" (M._TO SHORELINE) ' mt' IS1.00' (P) t t ar •tW'E, l�qk� S I r. FJA x� s� A`I7M" I.�NE' w z0' R/W(P) 10.00 (P 135.21• (M. TO WITNESS) JOB No. kD6306 SEC. 14, TWP. 66 S.. RGE 29 E. MONROE COUNTY. FLORIDA F= IN 06- c xy? r4 �+ pd ;:_ 156.90' (M. TO SHORELINE) � — t I hb — t"'O''(a�a m sip N lolls l I z 1 1 � !Ol1J t I a "ar" I LEGAL DESCRIPTION: y LOT 27 AND T14E NORTHERLY 51.50' LOT 26, BLOCK 1, DOCTOR'S ARM SUBDIVISION, ACCORDINC TO THE PLAT THIN Agar/ RECORDED IN PLAT BOOK 3,�PAGE;145 OF 4 Yn' THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA. SCALE: 1'.30' �� — — — TOGETHER WITH AN INGRESS/EGRESS a EASEMENT OVER THE WESTERLY 12' OF LOTS 23 AND 24, BLOCK 1. OOCTOR'S ARM Z ,� lQl1,J SUBDIVISION, ACCORDING TO THE PLAT THEREOF; AS RECORDED IN PLAT BOOK 3, N B / PAGE 141 OF THE PUBLIC RECORDS OF MONRDE COUNTY, FLORIDA. SURVEYOR'S NOTES: 3%4 COUNTY RO" 66' R/W 1.) ALL CORNERS FOUND HAVE NO NUMBER DESGNAM14G PREVIOUS SURVEYOR OR COMPANY EXCEPT AS SHOWN. 2. ALL BEARINGS ANO DISTANCES ARE MEASURED PER PLAT UNLESS OTHERWISE NOTED. 3. NO UNDERGROUND ENCROACHMENTS, FOUNDATIONS OR UTILITIES HAVE SEEN LOCATED OR SHOWN UNLESS OTHERWISE NOTED. 4. NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS, RIGHTS -OF -WAY ANO/OR OWNERSHIP WERE FURNISHED THIS SURVEYOR EXCEPT AS SHOWM HEREON. 6. ELEVATION DATUM N.C.V.O. 1920, M.S.L . O.O, BENCHMARK:, SRm, ELEV..IR42 6. BASIS OF BEARING. LOT ANGLES . BOVO'00% NORTH SCAUM FROM PLAT. 8. THIS IS TO CERTIFY THAT I NAVE CONSULTED THE FEDERAL INSURANCE ADMINISTRATION FLOOD HAZARD BOUNDARY MAP, COMMUNITY No.125129, PANEL No.1328 K. EFFECTIVE DATE 211B/05, AND THE HEREON OESCRIBEfl PROPERTY APPEARS TO BE IN ZONE VE, WITH A BASE ELEVAiT1I( 11' M.S.L. ABBREVIATION LEGENO: F.LR FOUND IRON ROD, SIZE INDICATED SEC, SEC. SECTION S.I.P. SET IRON FJ.P. FOUND ROR'PILTE $IZEEINp�A�Ep RANGE P F.N.D. FOUND NAIL AND DISK RGE. DDEED S.N.O. SET NAIL AND CIS(, P.LS. #4619 PIPLATF.C.M. FOUND CONCRETE MONUMENT MMF.,4S11ED IC P.R.M. PERMANENT REFERENCE MONUMENT CALCULATED P.C.P. PERMANENT CONTROL POINT OONC. CONCRETE P.I. PONT OF INTERSECTION COV. COVERED P.C. PONT OF CURVE ASPH. ASPHALT P.O.B. POINT OF BEGINNING PVMT. PAVEMENT R/W RIGHT-OF-WAY ELEV. ELEVATION TYP. TYPICAL CERTIFIED FOR BWNDARY 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 -6, FLORI ADMINISTRATIVE CODE, PUR$ECTIF.4nly A STATUTES. ed for pert to24/06per� to24/01 iAWRENCE P. FRANK P.L.S. M619 DATE: 10/G/D6 NOT VALID UNLESS SEALED %b HE �� v M&I at olW? ,0008 I I c------------__.i 83jifi$ .F6 S'SM 301M AL I I Lu I I I I I I I I I CO I I N Y _ I I W I I v� Ai_ _ I lz I Ii CD I I I I I I RE ASCE 7-02 WIND VELOC 7Y 176 MPH EXPOSURE CATEGORY C IMPORTANCE FACTOR 1.00 Kzt 1.00 INTERNAL PRESSURE COEFICIENT .18 LOT 27 AND THE NORTHERLY 61.6( DOCTORS ARM SUBDMSION, ACO PLAT THEREOF: AS RECORDED IN I PAGE 141 OF THE PUBLIC RECORE COUNTY, FLORIDA. OWNER: MNS REBID L= 27 & TF KEY LARGO , GENERAL NOTES; STRUCTURES: SIALDINGAR Fo�4000 � .MINIMUMEAT LOT OOVFAAGE; NEr LAND AR 28 G0.116. SL.LIMP Ida 2%NGI STEEL ASTM A431li GIRAOE So �—� IIuIPEFiVI0U3 E RE$IDENCF.jE FOOD AGIy Ek" GRAVEL DRN FOOTINGS IN FM� r A7WDRIUNFIi MADMIEFROR SURFACE Saff IOR ACE- IM `�— TOTAL DIS IURBEa AFIl=A CAST AGAINST EARTFI V SPLKX8: 3e W DIAMETE R OPEN LANDSWE a 8) oIO)IE a MASONRY LUMAUM C ;0,W, _ rn®1�0 P81 - 4) ALL STPAP% BRACKM ODNINBOTM M TO BE SUPPLIED BY SOUTHEASTERN METALS OR EOUAI, WOE NO. -1276 JAI 0) ALLFWWATED ANFI M70BE FqT4DP GAILVAP2afDPER ASTMA528ORSTAfN.E S87EEL PROJECT: AKINS RmIDENCE 0) ALL LUMBER FA-12bD P81 MN., Er1.2 MIL, Fa •7) TIE BEAM ODMd 1 BARS &44LLAP it MIN, PROJECT NUMBER: AIQNS C-1 NET LOT AREA = 14,817 IMPERVIOUS AREA � 3,153 ' ROGO- CALCULATION: 3,15W12 ®232 CF +10 POINTS -PLATTED SUBDIVISION DRAINAGE VIDED: +1 POINTS -GROUP 1 HABITAT +2 POINTS -WIND LOAD RATING 175 MPH PER ASCE 7-02SWALE — +1 POINTS ULTRA LOW VOLUME PLUMBING FIXTURES 1.6 GAL# TAREA(T �►'JAi _FLUSH TOILETS, 2.0 GPM FAUCETS, 2,5 GPN HEADS SHDWE ; 45D SF 1868F +1 POINTS -SEER RATING >12 2 1606F BAD +1 POINTS - SECONDORY WATER SOURCE 2,500 GALLON CISTERN +1 POINTS - HEAT RECOVERY AC - ALTERNATIVE ELECTRICITY' PROVIDEa +1 POINTS - EXCEED FLOOD ELEVATION BY 13 INCHES -6 POINTS - VE ZONE TOTAL 12 POINTS 4r-w TOP LEA 1? TOP WIDTH SD'.d°mOTU Nw 1 r NOTES. TANK MO LID 35M PSI CONCRETE 6WALEAMA TANK REINFORCED WITH 3/8" STEEL 12" G.C. BOTH W/NOFILL 4r ODTWUM WAYS REGULAR LID REINFORCED WITH 1/2" STEEL BOTHWAYS TANK WALL$ AND BOTTOM 4" MIN PRE -MANUFACTURED TANK BY FLORIDA ROCK AND SANG (OR CO T)S'�y'aI TANK CAPACITY TOBE MIN 2,500 CALL03NS C #1 eC( YYALE S `PREFAB STANDARD LIO N.T2. RR � Ti PVf` RANWATCD i SURVEYORS • ENGINEERS • LAND PLANNERS 83266 OVERSEAS HIGHWAY, ISLAMORADA, FL 33036 Phone (305) 664-0764 FAX (305) 664-0816 A D,Waat OF L"AV+4ON BUSINESS CORPORATION CERTIFIED TO: CANDACE AKINS JOB No. kD9303 LEGAL DESCRIPTION: SEC. 14. TWP. BB S., RGE. 29 E. ALL OF LOT 25 AND THE NORTHERLY 24.00' LOT 24 AND THE SOUTHERLY 17.W OF LOT 26, BLOCK 1, DOCTOR'S MONROE COUNTY. FLORIDA ARM SUBDIVISION, ACCORDING TD THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 141 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA. SUBJECT TO AN INGRESS/EGRESS EASEMENT OVER THE WESTERLY 12.00' OF LOTS 23 do 24. 9LDOK 1, AFORESAID DOCTORS ARM SUBDIVISION. 14 j I rJP. ,• alp SCALE: 1'o3O' lDl� ' iY177hR,54NE 4K& ' 27R/W 10.00� (P) Vwfv Io 156.90' (M. TO SHORELINE) _ 135.21' (M. TO WITNESS) ' Slp. x f1P. Ip -Y �7. rJ.P. + y ,57Ar U TO 3HQVL*+E1 N 1 0 14,749 5Q. Ff. / 0.338 ACRE f B O I E ++$ o arJ j Chan nel 9 �{ I D.DD' (P fJJe � fJJt aAr x� r �, u N _ ,ena P4 TO +q o ` +aa waRws�ea�.0 AOn.�(i$'1'A!�lf101� \ x� T N ti* 149.61, (M. TO WITNESS) sip. a, 177.2' (M. TO SHORELINE) ` lorry , a'axJ , rJJ'. 31e COUNTY R67,W BB' R/W SURVEYOR'S NOTES: 1.) ALL CORNERS FOUND HAVE ND NUMBER OESIGNATINC PREVIOUS SURVEYOR OR COMPANY EXCEPT AS sHDYM. 2. ALL BEARINGS AND DISTANCES ARE MEASURED -PER PLAT UNLESS OTHERWISE NOTED. INO UNDERGROUND ENCROACHMENTS, FOUNDATIONS OR UTIUTIES HAVE BEEN LOCATED OR SHOWN UNLESS OTHERWISE NOTED. 4. NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS, RIGHTS —OF —WAY ANO/OR OWNERSHIP WERE FURNISHED THIS SURVEYOR EXCEPT AS SHOWN HEREON. 5. ELEVATION DATUM N.G.V.D. 1929, M.S.L. L D,% BENCHMARK: FL419M SRO. ELEV..10.42 8. BASIS OF BEARING: LOT ANGLES a 9O'0 OW, NORTH SCALED FROM MAT, 6. THIS IS TO CERTIFY THAT I HAVE CONSULTED THE FEDERAL INSURANCE ADMINISTRATION FLOOD HAZARD BOUNDARY MAP, COMMUNITY N9.125129, PANEL No.132B K. EFFECTIVE DATE 2%18OS, AND THE HEREON DESCRIBED PROPERTY APPEARS TO BE IN ZONES AE & VE, WITH A BASE ELEVATIONS OF 10' & 11' M.S.L. ABOREVIATION LEGEND: F.R.R FOUND IRON ROD, SIZE INDICATED SEC. SECTION S.I.P. SET IRON PIPE, 1 2" P.L.S. /4919 TWP. TOWNSHIP F.I.P. FOUND IRON PIPE, SITE INDICATED RGE. RANGE F.N.D. FOUND NAIL AND DISK D OEM S.N.O. SET NAIL AND DISK, P.LS. /4919 P PLAT F.C.M. FOUND CONCRETE MONUMENT M MEASURED 1CI P.R.M. PERMANENT REFERENCE MONUMENT CALCULATED P.C.P. PERMANENT CONTROL POINT CONC. CONCRETE P,I. POINT OF INTERSECTION COV. COVERED P.C. POINT OF CURVE ASPH. ASPHALT P.D.B. POINT OF BEGINNING PVMT. PAVEMENT R/W RIGHT—OF—WAY ELEV. ELEVATION TYP. TYPICAL CERTIFIED FOR BOUNDARY SURVEY I HEREBY CERTIFY THAT TFIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 7-0. FLORID ADM11N'STRATIVE OODE, PURSU SECTION 472. 7, FLORIDA STATUTES. ed for pert tes only 12/4/06 LAWTRENCE P. FRANK P.L.S. ,f4919 DATE: 10/e/06 NOT VALID UNLESS SEALED 8 s a i -------_-_---I---J------ - - - - -" ASCE 7-02 u YVIND �� - 175 MPH EXPOSURE CATEGORY = C IMPORTANCE FACTOR - 1,00 Kzt - 1.()0 INTERNAL PRESSURE COEFICIENT - .18 GENERAL NOTES: CONCRETE OOMPRSME 8TRIMTH Fc-4000 PR MINIMUM AT28 DAYQ OLU P" oovm NO STEELASTMAM5,MVME80 FOOPNIGSAMNSTEARTH S' FOOTINGS IN 2. DE"&COLUMNS-2- SLe4NTMVOR SURFACE SI4' MMOCASTVOR SIMACIE T FORTH—•.--'~ 1 1,7 8• SPLICES: 80 BAR LMAMETER 3) CONCRETE MASONRY UNITS ASTM 080-0IFF; FM-1400 PSI 4) ALL STRAPS, BRACKEM. OM*AL� ETC. TO BE SUPPILIED BYSOUTFE/STERN METALS OR EOUAL, PHONE NO. Rff)SA2.1278 8) ALL FABRICATED ANCHORS TO BE HO -W GALVANIZED PER ASTM A528OR STAINLE48 STEEL S) ALL LUMBER Fb-1250 PS MIN,. E-1.2 M L PSI 7) TIE BEAM CORNER BARS SHALL LAP Jr M1N. 000- 10 POINTS „. PLATTED SUBDIVISION 1 [+2 POINTS -GROUP 1 HABITAT POINTS - MNO LOAD RATING 175 MPH PER ASCE 7-02 +1 POINTS ULTRA LOW VOLUME PLUMBING FIXTURES 1.6 GAL / _FLUSH TOILETS, 2.0 GPM FAUCETS, 2.5 GPM SHOWS HEADS +1 POINTS -SEER RATING > h 2 +1 POINTS -SECONDARY WATER SOURCE 2,5DO GALLON CISTERN +1 POINTS -HEAT RECOVERY AC - ALTERNATIVE ELECTRICITY +1 PO:NTS - EXCEED FLOOD ELEVATION BY 13 =.NCHES -6 POINTS - VE ZONE TOTgL : 12 POINTS V/ 0 LEGAL DESCRIPTION ALL OF LOT 26 AND THE NORTHERLY; AND THE SOUTHERLY 17.W OF LOT 2E DOCTORS ARM SUBDIVISION. ACCORII PLAT THEREOF; AS RECORDED IN PLA PAGE 141 OF THE PUBLIC RECORDS 0 COUNTY, FLORIDA, STRUCTURES: • w � TOTAL DISTURBED AREA AIMS RENDENC LOTS 25 & 24 & 2 KEY LARGO. FLC BUILDING AREA NET LAND AREA RES0ENCE)8= GRAVEL DRIVEW/ ATUANWNRELD PROJECT: AWNS RESIDENCE PROJECT NUMBER: AKINS C-1 NETLOTARE4 - 14,781 IMPERVIOUS AREA, a 2,975 CALCULATION: 2,9751112 © 247 CF RE DRAINAGE PROMDEED SYYAL,E s TCe? 21 T-- ' AR 41DSF B4 TOTAL PROVIDED 40-WTMLENLiNT 10' Twwim W4r JET LMMr Fi-, °: rDLPIH 1 �` BWALSAW WIMFU 4�• J�TMADIH NOTES: TANK AND LID 3500 PSI CONCRETE SWALE #f SECTIC NSA. LAWRENCE P. FRANK 19 CERTIFIED T0: CANDACE AKINS R,s' LJ DR/W F1P� ll U V' � I a I o V �b 10.00' (P) FIR el SURVEYORS • ENGINEERS • LAND PLANNERS 83266 OVERSEAS HIGHWAY, ISLAMORADA, FL 33036 Phone (305) 664-0764 FAX (305) 664-0816 A DIVISION OF WEGAvj%oN BusIRESS CORPORATION JOB No. kO6304 SEC. 14. TWP. 66 S., ROE, 29 E. MONROE COUNTY, FLORIDA LEGAL DESCRIPTION: LDT 23 and THE SOUTHERLY 28.00' OF LOT 24. BLOCK 1, DOCTOR'S ARM SUBDIVISION, ACCORDING TO THE PLAT J THEREOF; AS RECORDED IN PLAT BOOK 3, PAGE 141 OF THE +4 PUBLIC RECORDS OF MONROE COUNTY, FLORIDA. Pr SUBJECT To AN INGiESS/EORESS EASEMENT OVER THE WESTERLY 12.013' OF LOTS 23 4c 24. BLOCK 1, AFORESAID DOCTOR'S ARM SUBDIVISION. SCALE: I's3D' turfs aar/ j� i r v� 121'* P)_ V6W O L TO sWRIWEj 177.2' (M. TO SHORELINE) 149.61' M. TO WITNESS 4 far/ ua. S° 41 1 x�' 1 14,680 SQ. FT, / 0.337 ACRES xN 1011.! �1'"i aro�l6eE 1 1BD.00' (P & M. TO WITNESS) x� SLP. 236.4' (M. TO SHORELINE) `y x ColATY 1gOAV so- R/w — — PIP SURVEYOR'S NOTES: a� 1d r� ee lcmvm FL44M SW E!K-1a.42 Pr --------------- 1.) ALL CORNERS FOUND HAVE NO NUMBER DESIGNATING PREVIOUS SURVEYOR OR COMPANY EXCEPT AS SHOWN, 2•) ALL BEARINGS AND INSTANCES ARE MEASURED PER PLAT UNLESS OTHERIMSE NOTED. NLESS NOTED 4. OTHERVASE NO INSTRUMENTSDOF RREECOTD REFLECTING FOUNDATIONS RIGHTS-OF-WAY AANNO/OR OWNERSHILOCATED OR IPPLWERE OWN UFURNISHED THIS SURVEYOR EXCEPT AS SHOWN HEREON. 5. ELEVATION DATUM N.aV.O. 1929. M.S.L. s 0.a BENCHMARK: FL41930 SRO, ISEV.®1a42 6. BASS OF BEARINQ LOT ANGLES s 80WOcr. NORTH SCALED FROM PLAT. S. THIS IS TO CERTIFY THAT I HAVE CONSULTED THE FEDERAL INSURANCE ADMINISTRATION FLOOD HAZARD BOUNDARY MAP, COMMUNITY No.125129, PANEL No.1328 K. EFFECTIVE DATE 2/18/05, AND THE HEREON DESCRIBED PROPERTY APPEARS TO BE IN ZONES AE dR VE, WITH A BASE ELEVATIONS OF 10' do 11' M.S.L. ABBREVIATION LEGEND: F.I.R FOUND IRON ROD, SIZE INDICATED SEC. SECTION S.I.P. SET IRON PIPE, 1/2' P.L_S. #4619 TOP. TOWNSHIP F.I.P. FOUND IRON PIPE, SIZE INDICATED RC£. RANGE F.N.O. FOUND NAIL. AND DISK p pEgp S.N.O. SET NAIL AND Op(, P.L.S. 1IW619 P PLAT F.C.M. FOUND CONCRETE MONLUMFlNT M MEAyyREp P.R.M. PERMANENT REFERENCE MONUMENT C CALCULATED P,C.P, PERMANENT CONTROL POINT CONC. CONCRETE P.I. POINT OF INTERSECTION COW. COVERED P.C. POINT OF CURVE ASPH. ASPHALT P.O.B. POINT OF BEGINNING R/W RIGHT-OF-WAY PVMT. PAVEMENT ELEV. ELEVATION TIP. TYPICAL CERTIFIED FOR BOUNDARY SURVEY I HEREBY CERTIFY THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FL.OIOA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 610-6, FLORIDA ADMINISTRATIVE CODE, PURSUA�NTT SECTION�4027. FLORIDA STATUTES. dT- t , ar P. tea only 12/4/06 LAWRENCE P. FRANK P.L.S. f4619 DATE: 10/6/06 NOT VALUD UNLESS SEALED Z Y 1 i I I oo; sY I i Rin I I fill, (0) .00 9L m 11 k2 § ( ( $ \2. a / CL} ui « § $ o ■@ v ' « a }}§�\\�\\ 2 §e a e 2 §ƒ2$§§5 2§ �Xoz ) { ■J ] r , , z ( e cn z ( 2 2 2 z z 2 2 { ( 2 2 2 2 2 �. 7 + 7 7 f ) RESOLUTION #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 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 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 formal motions regarding the Dwelling Unit Allocation Ranking Report; and WHEREAS, the Planning Commission was presented with the following evidence: 1. The memorandum entitled Residential Dwelling Unit Evaluation Report, Quarter 3 of Year 17, from Townsley 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: L 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 twenty-five (25); and Resolution P23-09 Page i 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 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) 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 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 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 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 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 P23-09 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 3 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 10th day of June 2009, Lower (LwdiNaq Keys subarea Commissioner Wall Commissioner Werling yes Commissioner Hale +es Commissioner Cameron yes Commissioner Lustberg yes Commissioner Wail Commissioner Werling Commissioner Hale Commission Cameron Commissioner Lustberg Market Rate Big Pine/No Name Keys Upper Keys Upper (Adm. Reliefi Keys subarea subarea re. a es yes res M yes ves yes M yes YM Affordable Housing Lower (Lwr/Mdq & Upper Keys Big Pine/No Name Keys sub area subarea M M ves yes es lmo M yes By Signed this 10th day of June 2009 Resolution P23-09 c nairman W t p N _XWE an LIN URN _ mm V.1 p AtoN_ O �p O $�$3555$$881C�8�t$$lBl��tlR8�$9S8$$$8$$885t$Si$$6t5t�5tY8 goRecyo'.oeeieiocoieee�Q4 K sIfZE fir Fly =��j5 prey N6 AA do TNr� qMy 3RSm �4 r;pp9?PR RR>RRRgPjJf+Ly �0>l P61 'ciry P9�paR y Opq S?SOpwNy SN90y2W [fill[li f it wV-a �aAWw mVe_ 8N "��p `� r Ov NWAAmnOWW;,ON►eGN m'mgNONOam_�'i R� ai O C v A c�iS�---- a -aass�aiss>aisEi�- Vo wy V�uV.» "' -I x g$ ��yy pp gYYPP gg �j C _ _ _ _ _ - - - q _____ N N p p ....... O ooeeeooeeeooee000eeooeeegooee000e'ee"000ee'000ee'c: 'C Z eooeeeooeee " e000ee000ee000eeeooeeo ` 25 o eee'ooee'000ee �� eooeeeooeeeooeeeooeeooeee000eeooeeeooeee000eeo e� oeeeooeeeooee000ee000eeooeeeooeeeooeeeooeee000 giC S g wooeee000eeooeeeooeeooeee000eeooeeeWoeeeooeeeo W �� eooee000ee000ee000eeooee000ee000eeeooee000eeeo N S OOOOOOOOOOOOOOeeooeeeooee000ee000ee000ee0000ee s �a N 000000000000.00 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O ss ■ A LEI loeyyLyyeeoee000ee000eeooeeeooee000 yeooeee000e Q y 6 :IW W _ _ _ �!� 000 A► AA AAAAA A►AA_ _ K t-� PON I I ;f 0 M _ m LA m Z m ma �QF- O p<r d Z O � i3Z 'Oz 1 Z 1 � m �a i fill r� 91 $ a s 1r $Tp o B� W a� < �c �c zPr z�G� a 9a z ON RESOLUTION #P42-09 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION APPROVING THE RESIDENTIAL DWELLING UNIT ALLOCATION QUARTER BEGINNING APRIL 14, 2009, AND ENDING DULY 13, 2009, 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 August 26, 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 September 2, 2009, conducted a public hearing to review, discuss, and wake 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 17, from Townsley Schwab, Sr. Director of Planning & 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 Fact: -L 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 thirty-six (36); and Resolution P42-09 Page 1 of 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 twenty (20); 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 grant Allocation Rankings in the Upper Keys (Administrative Relief) subarea for Market Rate Dwelling Units to applicants ranked one (1) through ten (10); 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 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 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 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 Big Pine/No Name Keys subarea in the moderate income category for Affordable Housing Dwelling Units; and Resolution P42-09 Page 2 of 3 EM 13 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 (L-emdi) Keys Big Pine/No Name Keys Upper Keys Upper (Adm. Rdiet) Keys Chairman Wall subarea subare subarea subarea Commissioner Werling es yes es yes yes M Commissioner Hale yes yes es , yes Commissioner Cameron yes M Commissioner Lustberg yes ,es es ,es yes es Affordable Housing Lower (LWr/mdi) & Upper Keys Big Pine(No Name Keys subarea subarea Chairman Wall ,es Commissioner Werling es es Commissioner Hale es Commission Cameron es es Commissioner Lustberg es es es t. Planning Corrission. of Randy W Signed this 2nd day of September 2009 Resolution P42-09 Page 3 of 3 W N+Om W V Ol NAfi N+Om� V� fNliA W N+Omm V �f11AYN+p D� V OfnA W N+ e e e n JT� A O O++/8 a �Nw �W �f60N W VG+O O�g13��N+y�C• n� 2 1p N+ L +++++ A444�ryo��mmmegplWWmma4!49?WNNm��wN;n,rgNNy,mNOY�SrWW+ �g�gu+�9�9i.Aiy�yyyap�yy�y8ya�yya:iOCfipnyAyyWyy�yy�n�ytyn��yysy�y$yy�56'�$��,ryny$u��99+ HERMa�� MIMI Kim gN a 99 N N N HH j �� A Y �� m V� J N Y j A (n m 0 W Y w m N A m� N G m W Y• �j N+ m m+ K� O ��_�Upm�o��p¢$�_HHH_�_tip¢$�UM��p��p�g��$_S�S }Q4�Q4}a(( }Q4�Q4}a((�$QQ PPQ$�a55�5gYY��j�QRQ855 }Q4�Q4}a((j¢gO¢qja// F QR�Q �$Q�Q$�5�� +F � QRQ�� $QOQ$�5��Q4Qb Q4OQ �¢qO¢ �$QQO�� Q4QO Q4�Q4¢q¢��QRQ� �¢q�¢qQ4�Q4Q4QQ4 ¢q¢�QRQRQRQB + 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 W 0 0 0 0 8 8 0 0 0 0 0 0 0 0 0 0 8 0 0 0 0 0 8 0 0 0 0 8 8 0 0 0 0 0 8 0 0 0 0 0 0 0 0 0 0 8 0 0 0 8 8 0000000000000 0 0 0 0 8 0 0 0 0000000000000 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 000000000000000000000000000000000000000000 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O W O 0 0 0 0 0 0 0 0 000000000000000000000000000000000000000000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000000000000000 000000000000000000000000000 L L},L,L0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0} 0 0 0 0 0 0 0 0 0 N N N N N 0 0 8 A A A A A A A A A A A A A+++ N N N N N N N N W W Y W W W W A A O M z m a z m zv,v maz m�..� mmo • tog !mc 1013z �zr r ;fin A' 0 a ch) r� ?oz 2 Z z C 0 Y L .i Gi CD CD CD _ _ NNNNY W W yf yy j jp W m,0 I N w z m d C. �m n'.v m�� X� Qm ��Z �m� c�z zo n �n> La3z vN A®z �z3 z o� L C v W N O O ffi v m lei "fill � § } F� { �k |_ � I I E`E i� ¢ £ � ) r § i � ■ C £ ■ �re 411 &7�£ ,■ � IE !i- - 7! -|IE � IE �|�! E � a ■ 0 A x C90 e�m §�§ !22E orn �E 2I- E� � z� zo on 0§ �z �z 2z C) m RES LUTION #P55-09 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: 1. 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 8, 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 (Lower/Middle) Keys subarea for Market Rate Dwelling Units to applicants ranked one (1) through 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 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 l of 3 M 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 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 hold 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 & 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 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 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 9. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the Resolution P55-09 Page 2 of 3 M 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 10. 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 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 1 Year 18 and holding allocations in abeyance to Upper Keys Market rate Applicants ranked seven (7) though ten (10) and ranked twelve (l 2) 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 Lower (Lwrimdo Keys Big Pine./No Name Keys Upper Keys Upper (Adm. Retien Keys subarea subarea su area subarea Chairman Wall Yes Yes MS Yes Commissioner Werling Y—es M YS Commissioner Hale yes Y +Les Yes Commissioner Cameron Yes Y—es- YS YS Commissioner Lustberg Yes M Yes YS Affordable Housing Lower (LwdMdo & Upper Keys Big Pine/No Name Keys subm u ar Chairman Wall YS YS Commissioner Werling +Les. M Commissioner Hale Yes yes Commission Cameron Yes Yes Commissioner Lustberg +Les YM I PlanningFommission Monroe ountvt Flanct Signed this 15th day of December 2009 Resolution P55.09 Page 3 of 3 is 1, Chairman AiRmtov's 3 To T01 b9' DY aamey's office i M atk8M!tgQiF,i!SvaaiYf39'2iaa4!AVaa='eww.�aeaaVN+ m .. B&833895�888�887R117i��liiiiRBBp��s�sxsss�a$��s�� 8►g8Y38u�'3�'ii+2�as:�s'a'u�W+L�ai�Ay;Sfi6g8�i3ffi'$iS��u'��i8� � EEitHIiF ItII ItIIItItItUjIllititIll H I r u'� �auW�w.�r+NW�aNrei+��aWrNasPS iu +r aAl i3ue�ww+� �y7c�s+QQ+++ ygygpyps}y}�ss�7�Gssi'ss�iQsss��ygyipypipyi� Rgo+i1w+ `� ygo RQr¢.�s�es�su.�aaa�$a R_a 7qRIIR ppp�pf� pgi�pf�lY��l i3ij3�YaII aapp �pggpap■ap i7Oli aiO�l pg3pg gap g30 ��ffi�t 4a+tl� �� i3� �!N6RA 7��aj a7�alS �yZt 'S {� ��EEaEE��H��a�a2SEEE��aga�EESH��E +++ N N N N N N ------------- cc p o o 0 0 o 0 0 o o 0 0 o o p p p p p O p O p p p p p p p p p O 0 p O p gpggeeeeeeeggppgpgeeeeepgggpggeeeeeeegpgpegpe e eeeppgppppeeeeeeepgppegeeeeepgpgppgeeeeggggp p p V p 0 0 0 p O 0 p p p p p p p p O 0 0 p p p p p p p p O p O p O p p p p p W p O p 0 0 p p p p p 0 6 0 p O O p p p p p 6 p O p O O p p p p O p p O p O O p p p p p p g O p O p p p O p p p p p p O 0 p O p p p p p p O p p O p p O p p p p p O p O 0 p O p p p p p O p 0 0 p 0 0 0 p p O p p p p O p O 0 p O p p p p p p O 0 0 p O p p p p p p O p p p p O p p p p 0 p ppeeeeeeegpggegpeeeoppggeeeeepegpgpeeeeppepg e ey}}}�pgeeggggpgeeeeeeeppgpeeeegegpg oI cc pop V W a N N N N W 3 O p a a a a a a a a a a a a a++ N N b N N N N N V W W V M W a a a a a p pO Op pppp��. CI YI YIP YI CIaas sm pa }p p ppO Op apse peep pOpOp�Y V M W w w w w mass as page a as s a a++ a a a N a .a z gz W a (a a as r l i a l9 If If it VB if it m 0 f, RESOLUTION 004-10 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: 1. The memorandum entitled Residential Dwelling Unit Evaluation Report, Quarter 2 of Year 18, from Townsley Schwab, Sr. Director of Planning & Environmental Resources, to the Monroe County Planning Commission, dated March 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: 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 (I ) 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 I 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 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 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 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 (l) 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 19, 9. 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 10. 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 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 (5), 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 ! Oth day of March 2010, Market Rate Lower (Lwomo Keys Big Pine/No Name Keys Upper Keys Upper (Adm. Relief) Keys subarea subarea subarea subarea Chairman Wall yew yes yes Commissioner Werling absent absent absent ab_ Commissioner Hale yes ts- yes _sent M Commissioner Cameron yes ye_s. yes yes Commissioner Lrrsiberg yes yes yes yes Affordable Housing Lower 1Lwr/Mdll & Upper Keys Big Pine/No Name Keys subarea subarea Chairman Wall yes yes Commissioner Werling absen Lbsent Commissioner Hale ryes Yts- Commission Cwneron "Cbnif.nnQr-Lrrrrherg-- yes yes yes yes *f,�orr Planning Commission of i Monroe County, Flo 'da _ 1 Randy'Wf 1, Chairman ned this 40t"34 of March 2010 Resolution PO4-10 Page 3 of 3 M m sss�ss�s�$g�s��sR��gYss�Bssx�ts8s�sssssscstHsss�� s��#reesse00000 a e�N s � fill III Fill Im u i l9 ti�iiiis'i%�C4SiC#IIdItSf[S(SliiiC€EHCfifEittP( O+O OppOO++ybyN Oppb NNOe.�e.��bpp bl�1�.Dii p.yy}pm0�09p OfO 9C b�YyyN bN UNu NOfNfYYY DY+Y -tie S '>m> ji Y+ Oy g S+9 Oy S 64 S� fP9 E9 W S9 Mp rMilign ru MV N yy y y u Y V G'IN�S• {AY�SYYON'�PVb+NYjaMmp+y MONIOOOObaObb+ N ORr XX Y ++ N N N N N N N N N N N N N N N+++++++++++++ N N N N."" ...... Y Y O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O p 0 O O O O O O O p O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ee°000000voeoeeCCCCCCCCCCpCCCCCCCCCCCCCCCCCCCC eeeev000000vCppeee°o°000000eeeee°0000000°oeeee O O u 0 0 0 0 0 0 0 0 0 0 0 0 p O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p O 0 0 0 u 0 0 0 0 0 0 e ee00000eeeeeeeoe000000eeeeeeoe00000eeeeeeeeoo eeeee0000eoeeeeevov0000vovoeeeeev00000eeeeeeee O O O O O O O O p 0 0 0 0 0 0 0 0 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 0 0 0 0 O O O O O O O O O O O O O O O O O O p 0 0 0 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 olL}1LLeoe000000eoeoeeeeee000000eoeeee}oe0000 Y W ...... O O++ N ..... a a a a a a a Y Y Y u u u W u O O YYYOib bbO 0 O++NNNNN NNNNNN NNN N NNNN +I u+I 1p (�y(j y(j j j j j NN I Is If s rA IL o� fill e m 0 ji m ON RESOLUTION #P10-10 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION APPROVING THE YEAR 18 QUARTER 3, (JANUARY 13, 2010-APRIL 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 ABEYANCE PENDING TIER DESIGNATIONS; CONTINUING THE UPPER KEYS MARKET RATE ALLOCATIONS UNTIL .TUNE 23, 2010. WHEREAS, the Sr. Director of Planning & Environmental Resources submitted to Tune 2, 2010, pursuant to the procedures outlined in Monroe County the Planning Commission a Residential Dwelling Unit Allocation Evaluation Report dated Code, Amended, Section 138-26; and WHEREAS, the Monroe County Planning Commission during a regular public meeting held on June 9, 2010, conducted a public hearing to review, discus formal motions regarding the Dwelling Unit Allocation Rs, and make anking Report; and WHEREAS, the Planning Commission was presented with the following evidence: L The memorandum entitled Residential Dwelling Unit Evaluation Report, Quarter 3 of Year 18, from Townsley Schwab, Sr. Director of Planning & Environmental Resources, to the Monroe County Planning Commission, dated June 2, 2010; 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), two (2), five (5), through seven (7) and nine (9) through thirteen (13); 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 applicants ranked three (3), four (4), and eight (g), since the properties do not have tier Resolution P 10-10 Pagel 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 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 Keys (Administrative Relief) subarea for Market Rate Dwelling Units to applicant ranked one (1); and 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 .. 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 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 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 moderate 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 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 P10-10 Page 2 of 3 NOW THEREFORE BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY, FLORIDA, that the preceding Findm" s of Fact and Conclusions of Law, support the decision to APPROVE the Residential Dwelling Unit Allocation Rankings for Quarter 3 Year 18 and holding allocations in abeyance for Lower (Lower/Middle) Keys Market rate Applicants ranked three (3), four (4), and eight (8), 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 Lower (Lwr/Mdl) Keys subareaM Chairman Wall Commissioner Werling yes Commissioner Hale yes Commissioner Cameron yes Commissioner Lustberg yes Lower (Acim. Relict) Keys Big Pine./No Name Keys subarea subarea UPC yo yes yes YO yo .L yes Affordable Housing Lower (Lwr/Mdl) & Upper Keys Big Pine/No Name Keys sum subarea Chairman Wall es Commissioner Werling yes yes Commissioner Hale Commission Cameron es Commissioner Lusibergyes .L Planning Commission of Monroe County, Florid By r J Signed this 9th day of June 2010 Randy al Chairman Continue Upper Keys sum M Yes yes Yes M ti i APPROVED AS TO FORM AND LEGAIii S r.F IENC�Y aY �`'_j�/� Resolution P10-10 Page 3 of a JD m G W�- m Y GmmvAN�wN- ] a 6 vVv.Gi��$$v9v$$'82Q$S a "JffiY rY�,ggg�r�yP.q$oa_o__a_co_a_o_aoaoa_ q •i� � Cm9 } ��nY �tX�i52�m�N�.i� ffi }) m b Y b MIT co 0 y N fit $ lilt Ob�sa^' ZNOAa��8N�Iw �V OubiSN�i13 �O�bA V A0N^w�mo, -mwrp N�pNa� -WYG Ifff al gig N1Je � N mpw b�ONOa00Q NGmm-p� ��yy A Isj m N fo f,fti �t' RQss55��ss55��55�� 5R�gRg assrsssssrs" m N .,�N.,'} MIN i3tSiS73tS 73�S73�S iS73�S73 r - N N N N-----_ _ _ - - - -NNfq NNNN NNNNNN Nl.� G�G�sasssss � G-a G-aG-ocoGGGGaaGGOGOG- Ossssssaassaas� G�GGGGGGGGGGGGGGGG ...:, �aG-aG-ac'oaoaG-aGOGGGGGaGaGGGOG � G G G G O G O O G O G O G O G O O G O G G G G G G O G O G G O G O G O G O G G G G G G G G G a aGGOGGaGOaOaGaGoaOaGGOGGGaGaGGOGaGaGGOGGOGGGaG GwOGOaGOGGGGaGGG�aGa00a0aGaGa � GGaGaoGGGGGG �i N G O G O G G O O G O G Gu G O G O O G O O G G O O G G G O G O O G G O O 1 O G O O G O G O G O O GOOGOG GOO w'AOGOOG0+3 "�-G.4 G GOOD GO Oi3'000GOOOOGOOGOGOGO m m r i^ j G G G Gti'S G G G5 G G O O G O O G G G O G G O G G O O O G O O N GaaGG 1 4 ;n N ^ • ' b ^ � ' b ^ Y a ' � (J /.i 1J w w w w � b a � a b e G _ A 4�1 _T 'T � m m m m mmA mGi� OGOG gGOOGOGO � N Appr 1T i I ,S i d°} J� REVISED AGENDA '0 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Any person who wishes to be heard shall provide the Clerk with his or her name and residence and the agenda item on which he or she wishes to be heard. Such information shall be on a card provided by the County. Once public input begins, there will be no Rather speaker cards allowed to be submitted to the Clerk for that subject. An individual has three minutes and a person representing an organization has five minutes to address the Board (except that individuals wishing to speak during public hearings pertaining to land use issues will have five minutes). The first person representing the organization will be allowed the five minutes. Subsequently, all other speakers on behalf of that organization have three minutes to address the Board. Once an individual has addressed the Board, he or she will not be permitted to return to the podium for follow-up comments, unless the issue involved is quasi judicial in nature. In that case, the applicant may return to the podium to conclude his or her position at the end of the public hearing. 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 Ofike, by phoning (305) 292-444I, between the hours of 8.30 a.m. - 5.00 p.m., no later than ten (10) calendar days prior to the scheduled meeting, tf you are hearing or voice impaired, call 11711' Please note that all time approximate items are listed in bold. Wednesday, July 21, 2010 The Harvey Government Center at Historic Truman School 1200 Truman Avenue Key West, Florida 9:OOA.M. - Regular Meeting 9:15 A.M - Land Authority Governing Board 9:30 A.M. - Fire & Ambulance District 1 Board of Governors 3:00 P.M. - Public Hearings 6:00 P.M. - Public Hearings TIME APPROXIMATE REGULAR MEETING 9:00 A.M. CALL TO ORDER INVOCATION SALUTE TO FLAG A. ADDITIONS, CORRECTIONS, DELETIONS B. PRESENTATION OF AWARDS 1. 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 2010 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 18-24, 2010 as Probation, Parole, and Community Supervision Week in Monroe County. VIEW 8. Presentation of Mayor's Proclamation declaring August 141h 2010 as International Taoist Tai Chi Awareness Day in Monroe County. VIEW 9. Presentation of Mayor's Proclamation declaring November l st to 7'h, 2010 as EcoWeek in Monroe County and the Florida Keys. VIEW 10. Presentation of "Outstanding Intern" award to Spenser Budde. VIEW C. BULK APPROVALS — COMMISSIONER WIGINGTON 1. 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 #001 to the Weatherization Assistance Program, American Recovery and Reinvestment Act Sub -grant Agreement (ARRA WAP), Contract # l OWX-7X- l 1-54-01-719 between Monroe County Board of County Commissioners (Community Services/Social Services) and the State of Florida, Department of Community Affairs. VIEW N C. BULK APPROVALS — CONTINUED 3. Approval of Amendment 007 to the Community Care for the Elderly (CCE) Contract KC-97I between the Alliance for Aging, Inc. (Area Agency on Aging) and the Monroe County Board of Commissioners (Social Services/ln-Home Services) for fiscal year 7/ 1 /09 to 6/30/ 10. V I E W 4. Approval of receipt of monthly report on change orders reviewed by the County Administrator's Office. VIEW S. 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 I0-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 I; 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. V 1 F. W 13. Approval of various resolutions for the transfer of funds and resolutions for the receipt of unanticipated revenue. V I E W 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 0 a C. BULK APPROVALS — CONTINUED 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. I, 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 I, 20I0. 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 PW-MAC-00I 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. VIEW 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. V lE 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 M. I 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. V 1 E W 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 10/1I. V 1 E W 36. Appmval 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 funding to supplement 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 2010/2011 Monroe County Tourist Development Council Marketing Plan. VIEW D. TOURIST DEVELOPMENT COUNCIL - CONTINUED 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 S. PROJECT MANAGEMENT 6. GROWTH MANAGEMENT 7. PUBLIC WORKS 8. TECHNICAL SERVICES ADJOURNMENT 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 1 and 2, Bowens Addition to Riviera Village, Key Largo VIEW c) Big Pine Key Acreage (RE #00110841-000000) 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 ADJOURNMENT 9:30 A.M. G. FIRE & AMBULANCE DISTRICT 1 BOARD OF GOVERNORS 1. 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 ID 1419-5655; 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 ADJOURNMENT 10:30 A.M. H. PROJECT MANAGEMENT 1. Presentation from William P. Horn, Architect P.A. on the status and design of the Higgs Beach Park Master Plan. VIEW J. DIVISION OF GROWTH MANAGEMENT — BULK APPROVALS 1. 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 1, 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 State of Florida (BOT). 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 751' Street in Marathon (RE##00343090-000000). VIEW N 2:45 P.M K. ti DIVISION OF GROWTH MANAGEMENT 1. An appeal of the ROGO AIlocation rankings of the Monroe 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 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. VIEW 1:30 P.M. M. WASTEWATER ISSUES 1. Wastewater Status Report. VIEW 2. Approval of third Amendment to the 6/21/06 interlocal agreement (ILA) with FKAA 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. VIEW 2:00 P.M. N. SOUNDING BOARD 1. Request to speak to the Board of County Commissioners 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 — John November. VIEW O. COMMISSIONERS' ITEMS 1. MAYOR MURPHY - Approval to advertise a reconsideration of an Administrative Relief for Triple J Investments Inc. on Lot 23, Block 3, 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. VIEW O. COMMISSIONERS' ITEMS -CONTINUED 3. COMMISSIONER CARRUTHERS - Discussion by the Board of County Commissioners regarding the tolling of US l as an alterative 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. COMMISSIONER 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. CQ_MM5NI0NER DIGENNARO - 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 forbid. VIE W 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 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. VIEW 3. Approval of a resolution requesting that the Navy utilize the F- l4 Aircraft Operation - in affect prior to the F-18 Super Hornet - as the baseline for the upcoming Environmental Impact Statement. VIEW 9 fA R. COUNTY ATTORNEY I. 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 tease 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 Hagler 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 446 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 hearing providing for the repeat of Ordinance No. 011-2010 regarding registration of lobbyists. VIEW E IN 6:00 P.M. T. POLIC HEARINGS 1. Approval of 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 units until December 31, 2011. VIEW 2. 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. VIEW 3. 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. VIEW wu WEDNESDAY, JULY 219 2010 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. DELETIONS Page 7 C e 8 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 J.A. LaRocco Enterprises, Inc for the same. K 1 GROWTH MANAGEMENT -- An appeal of the ROGO Allocation rankings of the Monroe 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 Page 4 C 18 AIRPORT - ( 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) - Appr-eval to 'issue a PA fer 6.0 Fnenth lease with Ke_ex f Approval to issue a PO for 60 month lease with Xerox for a W5675PT Copier and a Xerox MFP8560D1 Multifunction Color Phaser to replace the Xerox WCP3545 Page 11 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 UN 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. F1/F6 — Land Authority 9:30 A.M. G1/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. N1 —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 gill MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, July 21, 2010 Key West, Florida 128 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. Also present at the meeting were Roman Gastesi, County Administrator; Debbie Frederick, Assistant County Administrator; Suzanne Hutton, County Attorney; Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; County Staff, members of the press and radio; and the general public. ADDITIONS, CORRECTIONS, DELETIONS 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 Druckemiller, 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. 0 129 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). W 131 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.20S-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. 0 10-20 10 (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. 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 Planning 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 Faraldo, 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 -level 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 Playground 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. 13 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, I100 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, I100 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 1, FY 2010 Capital Resources. in 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 9051County 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). 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 W 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, no 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 terra 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)D 1 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 4 to allow citations to be issued to persons other than owner(s) or keeper(s) of animals. Motion carried unanimously. FIRE & AMBULANCE DISTRICT 1 BOARD OF GOVERNORS FIRE & AMBULANCE DISTRICT 1 BOARD OF GOVERNORS 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 a 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 ADNIINISTRATOR 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. Jaynes 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 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 Plan. 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 - Middle 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 Weathertrol on a month -to -month basis. Motion carried unanimously. 71 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 toil 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. Mr. 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 Limite 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: WJ 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 ADMINISTRATOR 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 91 142 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 N 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 foIIowing 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, Clerk and ex-officio CIerk to the Board of County Commissioners Monroe County, Florida Isabel C. DeSantis, Deputy CIerk IN MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL REsouRCEs DEPARTMENT We strive to be caring, professional and fair To: Planning Commission From: Tiffany Stankiewicz, Development Administra Through: Townsley Schwab, Sr. Director of Planning & Environmental Resources Date: September 27, 2010 Subject: Residential Dwelling Unit Evaluation Report for Big PinelNo 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 Pine/No 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 DRA CKGROVND INFORMATI 7 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, Aggtals 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 l 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. Applications 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 I 4 5 6 7 9 10 }1 13 14 15 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 subject Properties (outilued in blue) (2009) White line shows separation of the AE Flood Zone and VE Flood Zone 12087C1328K is the Food 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 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 scoring error corrections. Application No. 07100496 0710W85 07100483 07100479 Real Estate No. 00310220.000000 00310280.000000 00310260.000000 00310240.000000 Building Application Jan. 31, 2007 Jan. 31, 2007 Jan. 31, 2007 Jan. 31, 2007 Date As submitted by the Pre Tier System minus Pre Tier System minus Pre 71er System minus Pre Tier system minus Applicants the I 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 Rpints Survey from Survey indicated Entire prop" 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 Zone and a small Indicated propoerty portion in the VE flood Page 3 of 8 flood zone. zone (survey error discovered in 2009 proposed residence in the VEZone). BuiIing Department Reviewed for AE Zone Reviewed for VE zone Reviewed for VE zone Reviewed for VE zone reviewed plane for construction. construction construction construction AFJVE 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 suhmittad 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) Zane (scored in error) Zone (scored in error) closed July 2007. sure or 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 -4 have indicated -4 have indicated -4 have indicated -4 rots points points points Date certified Ietter April 27, 2009 April 27, 2009 April 27, 2009 April 27, 2009 not regarding -scoring error Date return recelpt I May I5, 2009 May 15, 2009 May I5, 2009 May I5, 2009 was signed ROGO Rankings Planning Commission PIanning Commission Planning Commission planning Commission Quarter 3 Yr 17 Approved Resolution Approved Resolution Approved Resolution Approved Resolution Indicated scoring P23-09, June I0, 2009 P23-09, June 10, 2009 P23-09, June I0, 2009 P23-09, June I0, 2009 correction ROGO Rankings Planning Commission Planning Commission PIanning Commission PIanning Commission Quarter 4 Yr 17 stlIl Approved Resolution Approved Resolution Approved Resolution Approved Resolution referenced the P42-09, Sept 2, 2009 P42-09, Sept 2, 2009 P42-K Sept 2, 2009 P42-K Sept 2, 2009 scoring correction ROGO Rankings Planning Commission Planning Commission PIanning Commission Planning Commission Quarter 1 Yr 19 Approved Resolution Approved Resolution Approved Resolution Approved Resolution continued with P55-09, Dec. I5, 2009 P55-09, Dec. 15, 2009 P55-09, Dec. I5, 2009 P55-09, Dec. I5, 2009 correct points ROGO Rankings PIanning Commission PIanning Commission planning Commission Planning Commission Quarter 2 Yr 18 Approved Resolution Approved Resolution Approved Resolution Approved Resolution continued with PO4-10, March 10, PO4-I0, March I0, PO4-10, March 10, PO4-10, March 10, correct points 2010 20I0 20I0 2010 ROGO Rankings Planning Commission Planning Commission PIanning Commission PIanning Commission Quarter 3 Yr 19 Approved Resolution Approved Resolution Approved Resolution Approved Resolution continued with PI0-10, June 9, 2010 PI0-10, June 9, 20I0 PI0-I0, June 9, 20I0 PI0-10, June 9, 20I0 correct points ROGO Rankings Planning Commission Planning Commission PIanning Commission Planning Commission Quarter 4 Yr 18 continued the review continued the review continued the review continued the review continued with of Big Pine/No Name of Big Pine/No Name of Big Pine/No Name of Big Pine/No Name correct points Key Subarea to Key Subarea to Key Subarea to Key Subarea to September 22, 2010. September 22, 2010. September 22, 20I0. September 22, 2010. Resolution 24-10 Resolution 24-10 Resolution 24-I0 Resolution 24-10 approved allocations approved allocations approved allocations approved allocations for applicants I-2 and for applicants I-2 and for applicants 1-2 and for applicants I-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, 20I0. 2010. 20I0. 2010. Page 4 of 8 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 Flood 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 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 Flood 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 next rankings with the corrections showed them at 40, 41 4I, 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 1 2 The properties are located in the Big PineJNo 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 Pine/No 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 Lettcr 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 Arm 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 paint 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 Ill FACTORS FOR _THE PLANMNG 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 map 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 9 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 337g 39 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. IID ALLOCATION FACTORS FOR BAG PINF✓NO NAME liEY SUBAREA 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 shad Permit Number Tier ARocadon type Quarter Year Subarea Big Pine: Begin Dec. 27, 2M (orananee 029-2004} Big Pine Big Pine 103102303 197101361 Adm. Relief Market Rate Q 2 Y 16 Q I Y 17 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 13 8-26 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 I i IM EYALUAHONAND RANKMG.- 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 it " RECOMMENDATIONS: 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 we i all! . fillaa��agaag��e��e�ssss�ss�g��g�ggaa��ss�a�� lot. � lap su'��YYBgw'��iJL�diS ai l'iS'3 $as3's w"a�p3. yj��3Si aiSgs�'w n fig I IF N p Y w w N >1111ifaf> 6 u Yywv. 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FL 33050 Voice: (305) 289.250D FAX (305) 289-2536 yea County of Monroe Growth Management Division Mayor Gowr Nv4we Dist.2 Mayor Pro Tom Sylvia J. 11Muphy, Dist 5 Kim wig, Dist. l Heather QsrruftM Dist. 3 Mario Di GwAara, Dist 4 We swm to 6e ca►it p vjku nd ajud fair CERTIFIED MAIL 70062150 0001 0488 1131 April 27, 2009 John Akins 107 First Tenace Key Largo, FL 33037 RE: ROGO Applications 07100486; 07100479; 07100485; 07100483 Dear Mr. Akins: The Planning & Envuonmental Resources Department has found a scoring error cm ROGO applications 07100486, 07I00479; 07100485; 07100483. The proposed development in each of these applications is Iocated 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 Iease contact me at 305-289--2513. 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OT�PIBNITIAE 6TRF�iIM Rar1000 T+� rrB�RBr Aas T3AITt 6T.T�L�TP 6� oo�.��ar4>1R6clt6a FICIM aAI&OWSAlUM Tr a ea�o �w a�nrr-41) BouaT�wL rB as ouiB�lrs� Ffilom mwMoanru�oa Lo Ar,L FwnoILTTTa ATCTaRB ro a wn Ae►u �e aRaruE�B a� �Aer.�tr61�11b-filoll�,bt�1s>~ia � � BEAM OOTTT6�1 BAA• wMll LAP 1a , +10`POINIE -PLA77m vmirIIww +1 POIMFS -BROW 1 11ABTTAT +2 PONTS - WM LOAD ROM 175 MPH PUt ABLE 7-02 +1 POINTS ULTRA LOW VOLUME PLUMBINO FWFURES 1.6 QAL - Alm TOILETS• 2A CPU FAUCETS, 2.3 GPM HFADS +1 POORS -SEER FAT" >12 +1 PONTS -SMONVW WATER SOURCE 24= GALLON CRIVELF1 +1 POINTS - NEAT RIECOVERY AC - ALTMKTI E EIICtRIdTY +1 POBRS - FJWM FLOW E LEVATKW BY 13 INCHES -2 POINTS - ALE ZONE TOTAL 116 PWMTTI TANK AND LO 36M PSI CONCAM TANK REINFORCED wm 3m STEELL W O.C. BOTH NAYS ILM" LdO REINFORCED L1fITM 1/2' 51 BITIX& YB MOM S MS AM BOT01 4� LMN PRE-MANUAACPAtO TMK Mir FLOPWA RACK &M VAK CAPACHY TO BE YN 2JW GALLONS RpAli SIANDARO LID r m RANDLTLA LEAM AND PIPE oft Rw ,r.U. Nk _r- 71V got raw •err. �iL1Rl! Lm W LARM NErL*D go llm ISM7R D PRO►IEC P AKW FEMEEMM 2FKU G T MUM AKW C N TT LM-AR�FJ4le, AM-- �+ 0 CALCULI{IIM 2AM2 i f0i . BYBALBI 1QfMgll B t +BD� tib = MAP 648 YaappA m molmum R' 68 wpm LIN1T OT1W[Am LAWRENCE P. F&.NK SURVEYORS • ENGINEERS • LAND PLANNERS 83256 OVERSEAS HIGHWAY, ISLAMORADA, FL 33036 Phone (305) 664--0764 FAX (305) 664-0816 CERRM TO CANDACE "M Joe AIs hO M C d d AlI CMnFSLoMzbe — — r t3aoo' (c9 _ _ ��fi U,oAOA,e (M} 1tIHEdS x� V\ 4 f 1�►� I ',AW/ x�y IL]T6 AORa1 � •� 4 , tlAsr tm w M - - ;� — tea xl' Ijl TP MRNES� elw 155.90, (AI. TO x E) v AVIV i1 j i Aw/ 1 LE10AL OAE>fptl MM LOT 27 AND THE NORTIA7E1rlr lL A LdT �, dw,# ACOW t, DOCTOR"a ARIA 51 OMOP A Awl SIN FUT a W J `N, of a LLmm CaNNTY, SCALE, 1*-W — -'•— — — — — , 1OOEINFR yF111 AN EAidi11T OWNtM[�CF LOU 33 AND 3K OLM t 0OC1iOR'S AMW / t1a Iao IN PUT 6D�pTil A PAGE tot OF THE Pumm IIEOMM OF YOIIROE OMKT1, nA%bA. SURVEYOWS NOT'm L901/NiY Jt?Y 1! IN1' " t.) ALL CgWGR FOUND RAVE NO MIYSEt aklMAMIC PrA%W s DAVKM ON cmrmY OW, AS *MK x ALL aEAKN1aR AND OWANCEa ARC U A LOW PER PUT !KBEs O*Mttj E N01M NO umm"Amw 4. Rpaglp� AsO1% MMM-W WAY AAli" 000 0 VM PUMGMW TiOa MAwM 4 NE a BEVA11TaI1 0At�iK1 MAY NALL. - 04 KNDBLV C "In aAII> II1E1L+1n4i AL N110aCF KiMlrlp, LOT ANO<J<a 10a6'a6; NOK1M KISIILL'a F1101 PUL a 11Oa !a TO OE114F1I tNAT I NJ1 CONaAALTED 1NE fEpi,lAlCOYMIItlN ,idt4lst2A7_ P ilw r_77a ,r eeeenr�r n-ait.0 7N R—.NAA0 MDARYMAP. FM SIP. UP. FX& SN.D. P.N iK P.C.P Pi. P.C. P.O.K. A11 sm LECKON TWO. TOIKL�IfP am PLAT WAMU CAt,O114Atm 001R OOYEq� PUNT. PAVDAW ELEV. EIIEt im Can FOR BOIKOARY allRliel' I HOMY C0tWW INAT „aa SURWY kWM 7W MW WW IMMSCAL STANDAM AS WT F0WM 6Y M FLONDA 60AKC OF PROMBONAI aMRLEYM AND NIAMMM IN CKAvpn l .; AOMlaaIR re WK :EC110N 4R A lfAllllLi. An, 4 LAfMMMA P. FRANN P.LS AW S DATE: 10/S/06 NOT VALM UNLESS aiJul;A I b I I I . � -•I 'I � I I r I I + I --_--_-_____------ -- - I m ATiCE 7-0g WLND VELOCITY : 175 MPH EVORRECAMM m C WWANCE FACTOR m 140 K d R 1.00 ttil[EAI+LAL P CO�ICIEtrR � .11R PTON LDT 27AND " NORTH My # jM PIATr PAGE 141 OF THE R" FEMM COUNTY. n- . RMA ea�nlTeleoa�le�R�tstReanllra�ooDFm ' MITUMM ATaaaaeuRwPals �soueoau� �-� p Q�A1I'MA�B14fiM�BD AoolwRSAOM�IsrwnH_.�.r ptM - _ i --e A71�D w r OASTAOAir*Ti111l11 �1! -- fR10iDM8lYiLiAi�l61 �� W��B M �ALLII AMO TOMNOMP I�TAOTIIA�ORSLwIlE11SiTB11 AIQ� :`,' PRO= NUAGMa1: -- NETwTAM onoA a Also itcw- cALCIA.AWK- a�pn gee +10 Pom, = atmm susomsroN DRAINAGE P D®: +1 POINT, --4MV t MAMAT +2 POINTB =,WINO L" RATRIG 175 MPH PER AST 7-02 ;- +1 PONA>t 1J11R+t low t"OLUAIE PLAA�i1IG � iMRiL! TaPARaI1 „ FLUSH . 4A QPM F .5 GPM T *IF, +1 PORM -Up RATMG s12 2 M/ +1 P01HTS - SECOWpW FR SOURCE 2AM CALM CISTERN +1 POKM - NEAT RSDov RY AC - ALTERNATIVE ELEC wrw TWALPT KMM +1 PONM - EXCM n= ELEVATION BY 13 NICHES -G Pows - %f ZONE TOTAL : 12 POWS JoIl. UK Am LD 3m Pp CDMOEtE � WNW M3/A' grim 1r ox. Borth REMAM LID RDNfORWD METH 1/2' VM BDrMMn TANK WALLS AND Bortom a' MN rft (IFACitJIMD TAM( BY FLORDA RM AND SAMTNK CAPACIEM�}1p BE YW 2'J00 OAlloA1S ^PREFAB STMVARD LID/ 11 — A' our r"It A LAWRENCE P. FR, K SURVEYORS o ENGINEERS • LAND PLANNERS 83M OVERSEAS HIGHWAY, ISLAMMADA, FL 33038 Phan, (305) 664-0764 FAX (M) 664-0816 A ONANM W V=Vam lYRRR o #*Ulft CERTMM TOa CANDACE AKWS L[aAl D MOKRot aoLRnY, Fi O ALL OF L*T 2'AND h!E NORIIKRLr $4 OOr LOT 14 AND iNE SOY7FfEgLr 17.00 OF LOT M KO�JC t, OOCIdiB S I14 a" ROL 2! LRDA ARM DJMM40K ACCORDING TO THE PLAT MWOF; AS RECORDED a pLAT BOOK A PAGE 14N W THE PIN" RD)OROS OF MONRC[ COUMiY. FLORIDA, KWW AM EA6EVDIT Owl RO ltstERLr a OC OF LOTS 73 M NM N>taCK N, AFORE;AIp Aw / 10. (P) 136135,21 a TO io +� �) I fir►• .:e�rrr/,ururr ' Ns,716 M PT. / &W4 ACMkilt ffs Aar/ 1 c h d,a tie 1 N,lasr TO UP6 177_ M, urd Awl Aare ---- —�— s ArAP ,1 --- �� ' Lull MY � W Rim .� .� .� — — .� — _ s ,. ALL oDRHtRs FOUND HAVE NO NUYiLR OUNKATOND MV41 S SWWWOR OR CMVANY iCW, AS WOW 2 ALL eiAlaw� AND OWAN O ARE MulunD Pat PLAT tMM aRrtRNN W NOTM J. NO ISgERp{plNp a1gl0ApOplTd4. rOU NDA"O OR UOYD28 NNVE REaI im OR O10M1 LlSQS 071lERrtE[ NOTED �VEOIOMi PNa RaU"n EAS3LlOIIlL ItRE1T -�Ir AlO/pt VEil[ f1pMRYm 1lRi ZIRIIIRYd! oOMN uFR Y Mo 1'181ZpT P/I11E1 PROW a PLAT.S AND 7N� , OESCRIBia TD11 a000 xArAto eaL�toARr ww, PitOPERTY APPEARS SE IN ZONES AE R VL MOTH A A�1 OF t0 a It MLLL 60MA71 DCOtOPIEa FOR SONIQARr SURVEY FiA POUND no; Mo. Sm== W. 3Com 2". PIT Rol PpE, t/Y' PA- S411! TOP. RANK I NEI v Mmy TINT Du a ay kum ac MMf " PA,P. FOUND PION PWE. ! 11AlOATm oMONICAL 9FANDAMS AS Wr FORM ST AR KMA P.N.D. FOUND KA L AND Omt O SOARD OF g10PESTNoIAL SUffig DRS AM MAPPERS Ol F.N.D. PIT NNd AIM cDpl. Pis aNPTaN T „ SNP F.Ca&NA POUND CON M DISK ram' PLAT F.0prAh. PUWANrNFT ONMONa NNONUNNeNITWLAXURM 4 P.GP. PFAMAl01T cDNTttaL PalR PA. PONNT OF OAERSOCRW C0%mm"E Ft. mff OF OAK A9 L AWIALT for ady S 4 P.O.a POOR OP ag NOW PMIT PAH JtN1T LA1riDiCE P. FRANK P" j4lN! aAT@ t0/6/q! 191l. yAr QZ 1LEYATION NOT wuND UIiED S[AI,@ In 5 0 f 1 1 -- ------ I I � In MVOGM CATNOM m C ANCE FAFOA w 140 K d w 140 fNnlRML PRE98JAE OOERlC@if i . .19 {�MEAAL N07E'8: oaNaRaTi -- ar+�e��e.�0000a MONaa�w Ar s o+oR eLUMP>xe► _. _ s+■LAenrA�alR oallca eo MIN rLwH r r G AOM0T6WTT1 1 p�oo peMMMWuMsAM04P.M. Im mm Mi�mmas�aemAV � paAL1p11�1A1AdiM/1��OR� �eR� 1QALL Fb-TSOMMK*-1S1A.m ATo&*OQNi69lOIYN4 LwwwL R000- +10 PGWM - PLATTED SUMMON +1 POWYS - GROUP 1 KWAT +2 POWYS - "NO LOAD RATMO 175 MPH PER ASCE 7-02 +1 POWTS ULTRA LOW VOLUME PLUMBING FCfTURES 1.6 GAL / FLUSH TOILETS, 2.0 GPM FAUCETS, 2.5 GPM HEADS +1 POMM - SEER RATNG s12 +1 POWYS - SECONOW WATER SOURCE 2.500 OAL A CISTERN R +1 POWIS - NEAT RECOVERY AC - ALTEANIUNE ELECTRICITY +1 POINTS - EXCEED FLOOD ELEVATION BY 11 RICHES -8 POWYS - VE ZONE TOTAL : 12 POINTS UM&MBEMON ALLOF LOT2BAM TEE NOR1 MLLY S AND TM SOUTT•EAL.Y IM OF L,QTE! PLATTHOVIOAS MNIMMAON PCOM Rx PAM 141 OF TM PL BA RMOM O COMM. FLORM NOMS gBIKByC ALA 1W. FLCC BULDW AREA ADC 0RA'118 A�i�DMAOY'tk1D OFM L#MD8MpE AN P ACT, Am FmomM ACTNL NwCG1 �IsO'iAREq � 1�,781 IMMOIA CALCULAYM: ?AiT t • 4W CF RE eMNLE♦ TDFAM AMA 1 400.-. >t 1maF 04F MLPROYM awaaTlalNr I ro1NOI 1r: ��WL J f! WTwN UW AND U5 35M PQ r4Mr.W s• M A E 1 � XTA LAWRENCE P. K M SURVEYORS • ENGINEERS • LAND PLANNERS 83266 OVFRWAS HIGHWAY. I& MO RADA. FL 33036 Phone (305) 664-0764 FAX (3M) 664-0816 A I a MtalgalOA � @401a{iMN Lem Duffsprow LOT 23 awl TIE SOUTHERLY 23.00' 0: LOT bL @I = 1, 0000" ARIL KMCFMSIM AOCOIIONO TO 711E PLAT A; RBC01�� N PLAT BOOK 3. IE PAIlXlC REOpiDS OF YO1p1pE OOLSITY, FLOIIICPA" 141 OF TM Aw / TaOW (P I b 1 FAR S.I.P. ELK FA & F.CAL F AL P CF. P.P.C. P.O.B. 110 NO, hMM4 SEED. * 77w 65 34 RG! ti It a1 ma OO ww FLDRDA lea et 77.2' (11. TO SNORELWB), su Awl ljI ww 1 t+ o d I60'6(P)LAO a w r oLia aNOBiI1q — O M 11BB0 60. FT. Q377 ACRLSiarz 1 � Y �M♦ Atr / 1smaw (P a M. TO 1Br • w. OL TD SHOIR LM) rf l _ Y CMATY _A; _w SURVEYOR'S ND 1. ALL CORNERS FOAM HAVE NO MUYBOt OEfIONATWO PREYM1Iq =IIRYETOR OR COMPAMY ilMlPT AS SNolw. t ALL REARBNIS AND DISTANMI AIM MLMLq ED PEA PLAT tMrM S O1F>F11 CM& a NO UNDOt ICLI lD ENCM)ACItltMM FOIAIgATR7NA ON LITWAEs 11AYi BEEN LOGIPA DR 91M UMM O7IfiAr K MDM i. NO BIS7A4AAbISS OF RECORD A17lECiBK1 FAlBAD % MWTS-W-MAY AND/OR OMKIiOW VOTE RIBIISM 7M Sur&" OM CMIPT AS MOM MOILOK O.LYA11d1 DAIIAI MAI.V.O. ISM YJ.L . MA► 60tp6U 00 MAID M IMM-1444 R BASS OF BEAAIQ LOT ANOM - Y6WW- DOM JIMM FRM PLAT. a TICS Is 70 CERRFY THAT I MAYS C0I1IMM THE FUIVAL ADMBDSTAA710N FLOOD 11AiAAO IIAP, COIBAU M I01231 PANEL N413M K, WR=VE PATH s y AIp 7NE F�CN PROPERTY APKM TD SE IN LOVES AE & A 01 A A OF 10 ! 11' N.S.I.. _ABBREVIATION LEGEND• SEC. 6ECn0N TTIP. TD,INSm Rti. Dto PLAT MAIMCALOLLAYM AWK A94MT PWT. PAYEMFAR M". M"ATM7V a C1? IM FOR =pow SURYEY I NVMY f'JSITIFY THAT TNIS M*JEY MEWS 71E McSM M BDARO OFOF PRWC311110NAL MOVEYOU AN* MAPPERS M OKAPTOt *I POASUAN =D.71pt A PTljRiD11 SGl1UTES Paco L�12/L/IOS LAVIIIIS E P. PRANK P." /1019 DALE: 10 /be NOT VAUD tHnS SiA1iD e t 0 u m 01 �i te 9 A RESOLUTION BY THE MUNROE COUNTY PLANNING COMMISSION APPROVING THE RESIDM471AL DWELLING UNIT ALLOCATION QUARTER BEGINNING JANUARY I4, 2009, AND ENDING APRIL I3, 2009, PURSUANT TO SECTION 138-26 OF THE MONROE COUNTY CODE WHEREAS, the Sr. Dfredor of Planning & Envinnnmeatal Resources submitted to the Planning Commission a ResidantW Dwelling Unit Allocation Evaluation art. dated June 3, 2009, pursuant to the pmoc edares outlined in Monroe County Code, Amended, Section 138-26; and WHEREAS, the Mon= County Planning Commission during a regular public rnecting held oa June 10, 2009, conducted a public hearing to review, dietaries and make formal motions regerding the Dwelling Unit Allocation Ranking Report; and WHEREAS, the Planning Commission was presented with the Ibllowing evidence: 1. The meunorandum eadtled Reedder itial Dwelling Unit Evaluation Report, Quarter 3 of Year 17, from Townley Schwab, Sr. Director of planning & Environmental Resources, to the Monroe County Planning Cammiereion, dated June 3, 2009, and which repod's findings of fact and 0on111830128 of law this Caminion adopts by reference6 as its own; and 2. The swora to nimony by the Monroe Coemty Growth M=Wrnent Division std t and comments of John Wolfe, Esquire; and WHEREAS, the Planning ComMiaeion mekea 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 reoormnentla ion by the Sr. Director of Planning & RwAmnmenW Resources to geant Allocation Rankings in the Lower (Loww/hgddle) Keys subarea For Market Rate Dwelling Units to applicants ranked one (1) through twenty-five (23); and Resolution P23-0 Page 1 of 3 2. Based upon the writtat testimony of Townley Schwab, Sr. Director of Planning & Buvironrnental Resources, the Plaraung Commission hereby approves the recommendation by the Sr. Director of Planning & Bmnronma cal Resources to giant Allocation Raniomga in the Big PindNo Name Key subarea for Mmicet Rats Dwelling Units to applicants ranked one (1) though two (2); and 3. Based upon the written twdmmony of Townley Sdewab, Sr. Director of Planning & FAmronmental Resomcea, the Planning Commission, hereby approy the recommendation by the Sr. Director of Planning & Bnvh=ne ttal Resources to grant Allocation Rankings in the Upper Keys subarea for Manuel Rate Dwelling Units to applicants ranked one (1) though fifim (15), and 4. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & F.nvimnmeatal Reeoerces, the Planning Commission hetesby approves the ra ommendation by the Sr. Director of Planning & Ew mnmental Resources to 8� Allocation Rankings in the Upper Keys (Administrative Relief) submM for Marker Rate Dwelling Units to applicants ranked one (1) through fif m (15), and 5. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the xecor apadation 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 Townsley Sdtwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby appQovea the reoaanme+ndation by the Sr. Director of Planning & Environmental Resources to Vat zero (0) Allocation Rankings for the Lower and Upper Keys subarea in the moderate income category for Affordable Housing Dwelling Units; sad 7. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & FmrirommentaI Resources, the Planning Commission hereby Wmves the recommendation by the Sr. Director of Planning & a viromngntak Resources to grant zero (0) A lOcmtion Rankings for the Big PindNo Nam Keys subarea in the very low, low, & median income category for Affordable Housing Dwelling Umts; and 8. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resouures, the Planaiag Commission hereby approves the racmnmendation by the Sr. Director of Planning & EmvironnMW Resources to giant zero (0) Allocation Rankings for the Big PbwWo Name Keys subarea in the moderate income categmy for Affordable Housing Dwelling Umts; and Resolution P23-09 Page 2 of 3 M NOW TSEREFORE BE IT RESOLVED BY PLANNING CON 39MON OF MONROE COUNTY, FLORMA, that the preceding Findings of Faot and CondWooa of Law, support the decision to APPROVE the Residential Dwelling Unit Allocation Rankings for Quarter 3 Year 17 and as submitted by the Sr. Dixwtor of Planning & Eavi mnraental Rasoum. PASSED AND ADOPTED by the Pkngng Commission of Monroe County, Florida, at a regular meeting held on the 10th day of hme 2009. Low w awd& q Keys Comminkmer Warn Xm Commisakmw Werling 3ta ComeniWbnerHale 3w Commbstomw Camwm 3m Cbn0W etoxer Lurlberg ya COm Wish ner Wall fCommissioner Wading Commissioner Xale COlnmlMiOn Cameron Commissioner Lumberg Market Rate BigPme/NoNsme Krya UppwKM UPPWCA.I.RaoKaw 3w Xm Xm 3w 3m 3m 30 Xm 3w Xm 3m 3m 3m m Afasdable Housing L WW (LwMdO & Upper Keys Big mbm PhWXo NaMe Keys X� 3m J� 3� Signed this l Oth day of June 2009 Resolution P23-09 Page 3 of 3 ..•e -- _ IL fifil�t��111ittlit��a��tt�� fi fly I fit MUM I 31lt 1�� 1 t i1111 »llllilllli»»g aka .Yits =ewe-wYx..gag or, .w.�gRi�i��•age -fts$ , y ii OF ��-----��%fie•- � - .1 - -- ++wwwwwwww++-----------wwwwwwwwwww.wwwNwwwww. ',eeESSEEEEEeeeeeooeeee.eEBSEESSEEEeSEEEEEEEEE� eeeeeoo0oe�S�Sg�S�ia$�$�eeeeeeeeeeeeeeeooe � 0000 t3 �'00.0000p0000ee0o000000000000000pp00000000.000 -'i]�� 000 00 O 00 p 0 0 0 0 000 0 0 0 0 0 0 00 O 000 O 00 a .. O O O e 0 0 0 0 p 0 0 0 O O 00 0. 0 0 0 0 0 0 0 0 0 00 p p 000 0 0 0. 0 0 0 00 0 0 0. 0 0 0 0 0 0 000 e e 1 0000 00 *ones 0 0 0 .. 00 gooses 000 0 0 00 000000 00000,0009 t�s 000,000000 *see*** so* 0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 ■ leoy��peeepoo..e000eeeoee000eoeee�oee..oeoe. i e -0•----w000.................wwNwMwer.Ye.N.e..0 �� eeee0e » a EEr s.S E E E S S a a0000p00000000000000001 �wrr""""•EESiEEE6SESiSeSE�� A�a��n�s.�aa:nn�rs M I I m a m A RESOLUTION BY TIM MONROE COUNTY PLANNING COMMISSION APPROVING TJM RESIDENTIAL DWELL NG UNIT ALLOCATION QUARTER BEGINNING APRIL 14, 2009, AND ENDING JULY 13, 2009, PURSUANT TO SECTION 138-26 OF THE MONROE COUNTY CODE VAMMEAS, the Sr. Director of Planning & Environmental Resources mAmitted to the Planning Commission a Residential Dwelling Unit Allocation Evaluation Report, dated August 26, 2009, pursuant to the procedures outlined in Monroe County Code Amauded, Section 138 26; and VMRE", the Monroe County Planning Commission during a regular public meeting held on Septauaber 2, 2009, conducted a public hearing to review, discuss, and make formal motions regading the Dwelling Unit Allocation Ranking Report; and WBB, the Planning Commission was presented with the following eVideuce: 1. The memoranftm endued Residasntial Dwelling Unit Evaluation Report, Quarter 4 of Year 17, from Townley Schwab, Sr. Director of Planning & &vim Resources, to the Monroe County Planning Commission, dated August 26, 2W9, and which report's findi4p of foot and conclusions of law this Commission adopts by reference, as its own; and 2. The sworn testimony by the Monroe County Growth Management DivL= m staff+, and commons of John Wolfe, Empbre; and WHERFAS, the Planning Commission makes the following Findings of Fat -1. Based upon the written testimony of Townley Schwab, Sr. Director of Plsnng & Fovirom rental Resources, the Planing Commission hereby approves the recommendation by the Sr. Director of Planning & Eavhvmnental Resources to iw Allocation Rankings in the Lower (LowerWjddle) Keys subarea far Market Rate Dwelling Units to applicants ranked one (1) through, thirty -sin (36); and Resolution P42-09 Page I of 3 I Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmwtal Resources, the Planning Commission hereby approves the rexrmmeudation by the Sr. Director of Planning & k nvironmental Resources to MW Allocation Rankings in the Big Pme/No Name Key subarea far Market Rate Dwelling Unite to applicants ranked one (1) through two (2), and I Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Eu*omnental Resources, the Planning Commission, hereby approves the rnamandation by the Sr. Director of Planning & Environmental Resources to got Allocation Rankings in the Upper Keys subarea for Market Rate Dwdlmg Umts to applicants ranked one (1) through twenty (20); and 4. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Baviracuaae�ntai Rescrmm s, the Planning Commission recommendation by the Sr. Director of Planning & Environmental Rmuroes to SW Allocation Rankings is the Upper Keys (Administrative Rdwo subarea for Market Rate Dwelling Units to applicants ranked one (1) through ten (1 Or and S. Based upon the written testimmy of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Raoumas to great zaro (0) Allocation Rankings for the Lower and Upper Kays m9mm in the very law, low, & median income category for Affordable Housing Dwelling Units; and 6. Based upon the written testimony of Townslay Schwab, Sr. Director of Planning & Env cnmantal ResourcM the Planning Commission hereby approves the reaoann1 ndation by the Sr. Director of Planning & Rewarm to great =0 (0) Allocation Rankin far the Lower and Upper Keys subarea in the moderate bx=w category for Affordable Housing Dwelling Units; and 7. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Envirommental RwourcM the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environtamtel Resources to gnat zero (0) Allocation Rankings far the Big PindNo Name Keys abarea 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 & Enviromneatal Resources, the Planning Commission hereby approves the r+eon by the Sr. Director of Piac ning & EnvironmmW Resources to WImt taro (0) Allocation Rankings for the Big Ph"o Name Keys subarea in the moderate income category far Affordable Housing Dwelling Units, and Raolu6m P42-09 Page 2 of 3 W i NOW THEREFORE BE IT RESOLVED BY MANNING COMMISSION MONROE COUNTY, FLORIDA, that the OF P��g 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. Marloet Rate Lower amado Kays Big Pn"o Name Keys Upper Keys Upper (Ada RdW Kws Chairman Weill Commissioner Werling Commissioner Hale YZ y� Y� Commissioner Cameron Commissioner Lustberg yg 71� Y5 Affordable Housing Lower aNDUP & Upper Keys Big Pm&Wo Name Keys Chairman Wall Yl� Commissioner Werling � Commissioner Hale Yl Yl Commission Cameron Commissioner Lustberg Yf� Phoning Commission of i f '� Randy WA4,0airman Signed this 2nd day of September 2009 Resolution P42-09 Page 3 of 3 zt °{ *000 iiitii�'i((f II(lIIIIPIi�ifai�i'jr8`ipii�� i fill j1111111m aaaa ra�r r�fill 11.1itHararrrr � pS �• aw��wrw+NpZaaa�gY�aNa�Qjga��•LR•o•w+� ae +++ w +1110111110follow- r � ws r wra Jill 11 1 1 NNNNNpNp+++++++++++++YNNNNMNNNMpNNNNNNNNNY g��00�0�0000000000000p�gO00��eSO00�g�g 1ooeeeeeoo�goeo$$ee�p$e00000eooeeoo00000000 11 00000000000000000000eo0oo0000o000000000000 000000000000000000000000000000000000000000 11? iwooewowoo00ww000000000OOw0000000w000000w00 000000000000000000000000000000000000000000 000000000000000000000000000000000000000000 0000000000000000000000oo000000000o0000o0oo eoeee000c000000000000coeoaccooeoe0000eooee hl.1/./.oeeeooeeoeeoeoeee0000e000eo�.0000eooee NNNNMOOOa�aaaaaaaaaaa+++MMMNNNNNYYYYbYYaaO �� eeoeo��or,rwo*$i�i�7i��ee000eeoee00000eooee� �� wb00088$88$ease$a asset 224i3*i3+�44404darts ZZIS RN A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION APPROVING AND HOLDING SOME ALLOCATIONS IN ABEYANCE FOR THE RESIDENTIAL DWEUING 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 & Enn►iraauntental Resources submitted to the Planning Commission a Residential Dwelling Unit Allocation Evaluation Report, dated December 9. 2W9. pursuant to the procedures outlined in Monroe County Code. Ate. Section 138.26; and W> RRX48, the Monroe County Planning Commission during a regular public meeting held on December 15. 2W9. conk od a public hearing to review, &cue , and make formal motions the Dwelling Unit Allocation Ranking Report; and WHEREAS, die Plannin8Commission was pnsmted with the following evide we I. The memormtdtnm entitled Residential Dwelling Unit Evaha im Repeat, Quarter 1 of Year 18, from Townley Schwab, Sr. Director of Planning & Environmental Resources, to the Monroe County Planning Commission. dated December 8, 2W9. and which report's findings of gad and conclusions of law this Commission adopts by reference, as its oven; and 2. The sworn testimony by the Monroe County Growth Management Division staff; and comments of John Wolfe, Empire; need WHEREAS. the Planning Commission to the following pWdinp of Pact: 1. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Bavironmental Resources, the Planning Commission hereby approves the r000mmtendation by the Sr. Director of Planning & Bavironmental Resources to grant Allocation Rankings in the Lower (Lower/Middle) Keys subarea for Market Rate Dwelling Units to applicants ranked one (1) through faunteea (14); and I Based upon the written testimony of Townley Schwab. Sr. Director of Pianninag & Environmental Resouumu. the Planning Commission hereby approves the rdooaarnendation by the Sr. Dkww of Planning & Envirornaantal Resources to grant Allocation Rankings in the Big Pineft Name Key subarea for Market Rate Dwelling Units to applicants ranked one (1) through two (2); and Resolution PSS-M Page 1 of 3 Im 3. Based upon the written umtimoay of Townley Schwab, Sr. Director of Planning Bnvirotununta! Resources. the Planning Commission, hereby approves me recommendation by the Sr. Dirrecw of Planning dt Ra m urm to grant Allocation Rankings in the Upper Keys subarea for blacken Rate Dwelling Units to applicants ranked one (l) Wro* sic (6) and ranked eleven (11), and 4. Based upon the written testimony of Townley Schwab, Sr. Direo w of Planning & 1Bnvir sl Resouces, the Planning Com issiow. hereby approves the rac c mandatim by the Sr. Dltwtor of Planning & puvionmental Resources to hold Upper Kays Mariner Rage Dwd ft Units allocations in abeyerroe for seven M through tea (10) and ratdceti twelve (12). since the � ranked designations at this time. Owe der � � not �� tier ignati daignations are finalized. staff will bring the allocations back to the Pla>mhug Commission for of aidtar a suBidast making or imp ranking for an allocation award for these or other applicants, and S. Based upon the written testimony of Townley Schwab, Sr. Dbacta of Planning & Enviromuental Resources, the Plowing Coomtission hereby approves the recommendation by the Sr. Director of Pla ming & anvi _ _ - Resources to grant Allocation Rankings in the Upper Keys (Administrative RdW subarea for Market Rats Dwelling Units to applicants ranked ore (1) and three (3); and 6. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & 8nvireu@anta! Resource, the Planning Commission, hereby approves the reoou=mdatian by the Sr. Director of Planning & 8avi'l =---tai xesotmes to halal Upper Keys (Administrative Relies allocatim in abeyance for applicant ranked two (2)� since the property does M have a tier designation at this tinne, Osnm the tier won is finalized, staff will brim the allocation back to the Planning Commission far a reoommerdadon of either a sufficient ranking or insuafficlent ranking for an allocation award. 7. Based upon the written testimony of TowRnky Schwab, Sr. Dinaw of Planning 6t Fnvironutaeuta! Resourom the Planning Commission hereby approves the reoo Madatiat by the Sr. Director of Planning din Reeounees 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 S. Based upon tie writaen testimony of Townley Schwab. Sr. Director of Planning & F�viroemem! Resources, the Planning Commission hereby approves the rcocomme ioQu by the Sr. Director of Planning & Environmental Resources to great zero (0) Allocation Ranidngs for the L,owa and Upper Keys subares in the moderate income category for Affordable Having Dwelling Units: end 9. Based upon the written testimony of Townley Schwab, Sr. Director of Planning 6t Envitomneutal Resources, the Planning Connninion hereby approves the Re%olution ?5" Pup 2 of 3 M raoonatendatioo by the Sr. Director of Plom igg tit End Resources to zemi (0) Allocation RAWdogs for the Big PindNo Name Keys subarea in the very low, low, tit median inoom category fir Affordable Housing Dwelling Units; and IQ Based upon the written testimony of Townley Schwab. Sr. Director of Planning k Em►konmettal Resources, the Planning Commisslon hereby gpWpom the rxamrmndation by the Sr. Dh=W of Planning & Environmental Resources to great eri z(0) Allocation Radangs for the Big PbWo Nam Keys subarea is the modem im000me category for Affordable Housing Dwelling units; and NOW - - 011 ++ORB BE 1T !RESOLVED BY PLANNING CObI WON OF MONROR COUNTY. FLOMA, that the preceding Pik of Fact and Conclusions of Law, support the decision to APPROVE the Residential Dwelling Unit Allocation Raaidngs fcr Quarter I Year 18 and holding alioosticm in abeyance to Upper Keys Market rate Applicants ranked seven (7) thought ten (10) and Mrrlted twelve (12) and to Upper Keys Adreiaistrative Relief Applicant ranked two (2) as submitted by the Sr. Director of Planning 8t Envy Reaour+ces. PASSED AND ADOPTBD by the Planning Commission of Monroe County, Florida, at a regular meeting held on the 15th day of December 2009. Market Rate inner asap XWO Big PWVWO Name KeA Upper Heys Upper [ram taW Kayo Chab m= Wall 3M M ]tom M cmuninkRW WeribW 3 3M M CmmlaalwwsrHak M M M Comn0eskmer Ca wrote 3W M ]!'R1 In Corm inioner LLrrSdWT M M M Af%ndable Housing Lower amffi w & Upper Kays Big PkWNo Nana Keys Cha& t m Wall M 3M eaunmlaaimer Werug In M CoMMlastorrer Male xm x�a Cwrtmfas&WW Lu dWS M 3M Signed this lath day of December 2009 Resolution P55-09 Page 3 of 3 I. Chairman A";-x Bt7 TO OR1R Alit iJ&�A � BY sss,eserraaat�edaYaara�taxudsrsa�s$:aaza..,,...�"r �� ysee$��i��as�ax��aois"•a.��.�."•iira"�sa" ��iFr:�rrrf f f fill if f fill 11111 ;f� if fill r r �t�t�t �a It r��rr� Hill Iis " r Y��ya'$. �..r'1•y•r"r=.w.i$Y$r0.n.;�tliYry.g:..rA$ six---- ............. NNW""" r r r"" "" " POM POM "" "" ee•BiBi$biv••••v••••veeiitiibii3$$bbbi$ii�IBii■ ',vrro••.•e•�3$its$$$�g$ie•.v.orro•..evovoo•o•• 000000000000000000000000000000 000000000000000 o••vv•o•a..•.••r•o••.v.o••voo••••.voro••.••o• ••r•o.••v••o••••••oovv•••o•••v••oo••o•or000•• •••v•o.o•.•v•v•000••oe••ooev••0000•••o.000•o• •••.vev•a••.o••••eoo.o••.re•e.oeoo••o•••000.• •vv•e••o•o•vvr•ro•ve.•r•o...•000.•••oeoo••••e •••••a•••o•vo••oe.v.e•••oo•.veooe••••000•o.vo • • L L L L L L 00• • .• • • 000000 000 00000 000 000000 L• • • •• r r. Y Y Mr Y •• ........ " "� y y M r M M M M M y y Y M YY V ..... . •...•e••��C:iiit$iiiiiii�ve•e•veo••....000•ov� rrr.•r••ii$iiiii8sii$3i'17:id4Aptliii ii ri riiO $il$ZXf i If it i V' A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION APPROVING AND HOLDING SOME ALLOCATIONS IN ABEYANCE FOR THE RESIDENTIAL DWELLING UNIT ALLOCATION QUARTER BEGINNING OCI,OBER 13. 2009, AND ENDING JANUARY 12, 2010. ALL OTHER APPLICANTS ROLLOVER TO THE NEXT REGULAR QUARTERLY EVALUATION PURSUANT TO SECTION 139-26 OF THE MONROE COUNTY CODE WHEREAS, the Sr. Dimtor 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 Cauaty 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, discusa. and make formal notion regarding the Dwelling Unit Allocation Ranking Report; and WHEREAS, the Planning Commission was presented with the following evidence: 1. The memaaandnm entitled Residential Dwelling Unit Evaluation Report. Quarter 2 of Year 18, from Townsley Schwab, Sr. Director of Planning & Environmental Resources. to the Monroe County Planning Contaission, dated March 1. 2010. and which report's findings of fad 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 of John Wolfe, Esquire; end WHBRBAS, the Planning Commission mafea the following Findings of Fad: 1. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommer"on by the Sr. Director of Planning & Enviaonrnental Resources to grant Allocation Rankings in the Lower (L.owedMiddie) Keys subarea for Market Rate Dwelling Units to applicants ranked one (l) 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 approve% 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 100 3 applicants ranked Woven (I 1) drrough twelve (12). since the properties do not have tier designation 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 as allocation award for theca or other applicants; 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 Rankinngs In the Big PindNo Name Key subarea for Market Rate Dwelling Units to applicants ranked one (1) through two (2); and 4. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental R aources, 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 Rene Dwelling Units to applicants ranked fat (4) and six (6) through mine (9). and I Based- upon the written testimony of Townsley Schwab. Sr. Director of Planning & Envinmaual Resources. the Planning Commission, hereby approves the recommendation by the Sr. Director of Planting & Environmental Resources to hold Upper Keys Market Rate Dwelling Units allocations in sbcyance for applicants ranked one (1) through three (3). five (S). and ranked twelve (12) through thirteen (13). since the properties do am have tier designations at this time. Once tier daignations are funalized. staff will bring the allocations bade to the Plamft Commission for recommendation of either a sufficient ranking or insufficient anal for an allocation award for these or other applicants. and 6. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Emrimnmeatal Resources. the Planning Commission hereby approves the rem mmendation by the Sr. Director of Planning & Environmental Resources to grant Allocation Rankings in the Upper Keys (Adrakdatrativc Relief) subarea for Market Irate Dwelling Units to applicants nonfood one (1) through two (2). and 7. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environaneatal Resources, the Planning Commission hereby approves the remninendation 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 Townley Schwab, Sr. Director of Planning & Environmental Resoumm the Planning Commission hereby approves the rcoornmendation by the Sr. Director of Planning & Environmental Resources to grant two (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 kar 9. Based upon the written testimony of Townsley Schwab. Sr. Director of Planning tit Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning tit Environmental Resources to grant zero (0) Allocation Rankings for the Big Pineft Name Keys subarea in the very low. low. & median income category for Affordable Housing Dwelling Units; and 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 great zero (0) Allocation Rankings for the Big PkWNo Name Keys subarea in the moderate income category for Affordable Housing Dwelling Units: and NOW THMFOU BE ff RESOLVED BY PLANNING CO&dllMIISSION OF MONROE COUNTY, FLORIDA, that the preceding Phidings of Pact and Concluslons Of Law. support the decision to APPROVE the Residential Dwelling Unit Allocation Rankings far Quarter 2 Year 18 and holding alloc atioms in abeyance to Lower (LowedMiddle) Keys Market rate Applicants ranked one (I) through ten (10) and thirteen (13) though fourteen (14). and to Upper Keys Market rate Applicants ranked one (1) through throe (3). five (S), and ranked twelve (12) through thirteen (13)as submitted by the Sr. Director of Planning tit Envimunw ntal Resources. PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida. at a regular meeting held on the I0th day of March 2010. Lower n www o Keys Chairman Wall y� Conn duloner Werling I1 Cmnatinioner Nat Comminioner Cameron y� Commriask mar Lunberg ygg Chairman Wall CanWssluner Werlurg Camrmissioner Nate Commission Cameron Market Rate Big ?hwMo Nana Keys UppgrKeys Upperer KQya � 1 � Affordable Housing Louver ci► tit Upper Keys Big PindNo Name Keys i ya YSg � w ya • • x' • th�c �► of 1�IarcaFn ?O 1 {} Resolution PO4-10 Page 3 of Planning Commission of Monroe County. Florida Rar'dyl, Chairman 0 --------------- Vill,t�i!l��titi�til�il�iiif� till till ` i '1 � M• F Y Y. �.. . r r••• e• .... M R r Y Y M 311 iffall Y yYysm itiji fit I If fill" left III I fill `{ fy ■A` � rrIII Jig I till ir M a M Yi+�'.a•Yft`Yi•Me2rr•�YYirwriiF�:R1iiMMrFir•r r ss • y Big.... i e r a. r r i� �� • e r O Y a w• M M Y M Y M Y Y Y Y Y YY y ............... N M M Y Y Y MY M Y M M Y M eeei�iiiii$iiiYiiB•o•rrerree000iiigiiiiiiiiiiiy .ee.e.ees•eases.e.�8��3��S��t.e......ee...ee so•.eeeeeeeeeeoeee•eooeseuesoeoee•s.oesssoe•ae eeeeeeeeeseeoae.eseeeoe•sarsser•eerreaaseees•• erYeeeeeeeee•ro.roe.•ooseeeoeeesse.00reYereee• e.see.r.see.seoreeeeeeeeeeoreree•eeee.eseeeres es•oererer.e.••errerrreeessosreeeeeeeoosoe.eee .arse•eoeeesoeeeeoseeeoeae•oseeeeeeesee.oeoae. eoeeeerseee•eoeseeee.ero•eeeeese•eosoee.•ee••• e•�,y,y,y,y,y,ererro•••eaeee..ree•.•r•eesese.♦ses••• •eeerrrs��seerreiiiiiiRiiiiiie•eesessessse�� s+.mYrrrrriEx.RR�iRRRRYrRiIRRRYrRRRi3RRRRRROtiq:XXXI�r w ms AN AN a r A RESOLUTION By THE MONROE COUNTY PLANNING COMMISSION APPROVING THE YEAR I8 QUARTER 3, (JANUARY 13, 201 Q-APRIL 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 ABEYANCE PENDING TIER DESIGNATIONS; CONTINUING THE UPPER KEYS MARKET RATE ALLOCATIONS UNIX, JUNE Z3, 2010. the Planning the Sr. Director of Planning & Envirornne:l Resources Commission. a Residential Dwelling Unit Allocation Evaluation submitted to June 2, 2010, pursuant to the procedures outlined a Monroe County Re� dated Section 138-26; and e, WHEREAS, the Monroe County Planning Cmnmission Meeting held ou June 9, 2010, conducted a public h review, d a mar public t formal motions regarding the Dwelling Unit Allocation Ranking Report, and iscuss, and make WHEREAS, the Planning Omission was presented with the following evidence: I. The memorandum entitled Residential Dwelling Year I8, from Townsl �S Unit Evaluation Report, Q� 3 of Resources, to the Monroe County Sr. Director of Planning Environmect� arming Commission, dated June 2, 2010; and 2. The sworn testimony by the Monroe County Growth Management Division stafff and comments of John Wolfe, Esquire; a nd WHEREAS, the Planning Commission makes the following Findings of Fact: I. Based upon the written testimony of Townley Schwab, Sr. Environmental Resources, the PlanningDirector of Planning & mrnendation by the Sr. Director of planning Commission hereby approves the Allocation Rankings is the Lower (Lower& iddle) Keys subarea for Environmental Resources to 8t Dwelling Units to applicants ranked one (1), two (2), five S Market Rate nine (9) through thirteen (13); and { )� through seven (7)and 2. Based upon the written testimony of Townley Schwab, Sr. Environmental Resources, the planningDirector of Planning c� Commission, hereby approves the recommendation d the Sr. Director of Planning & Environmental Resources to hold 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 ResolutionPIO-I0 Page 1 of 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 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 Keys (Administrative Relief) subarea for Market Rate Dwelling Units to applicant na7ked 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 & Emrimnmental Resources to great Allocation Rankings in the Big Pine/No Name Key subarea for Market Rate Dwelling Units to applicants ranked 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 cominuanca of the Upper Keys subarea market rate applications to June 23, 2010, and 6. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recomnr�tdation 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 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 moderate 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 PinelNo Name Keys subarea in the very low, low, & median income category for Affordable Housing Dwelling Units; and 9. 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 Resolution P10-10 Page 2 of 3 NOW THEREFORE BE 1!'I' RESOLVED BY THE PLANl1TING COMMISSION OF MONROE COUNTY, RF'SOLFLOR'' that the Fact and Conclusions of Law, suppo pmg Findings of rt the deasion to APPROVE the Residential Dwelling Unit Allocation Rankings for Quarter 3 Year l S and holding Lower (Lower/Middle) Keys Market rate Applicants rankeduall ions in abeyance for ($), and continuing the public heys (), four (4), and eight June 23, 2010 at 10:00 am as shown on E7HYg� A Market Rate Applications to PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a regular meeting field on the 9th day of June 2010. Market Rate Lower t Lower t� Keys gig KwNo Name K � Chairman Continue Upper Keys Wall Commissioner Wering 3= y� Commissioner Hale 3= 3= y� Commissioner Cameron 3= 3= 3= ygg CommissionerLustberg 3= 3= 3= y� Affordable Housing Lower tLwv%W elk UPPrr Keys Big piD&W0 Name Keys Chairman Wall Commissioner Werling Commissioner Hale 3= �► Commission Cameron 3 i Commissioner Lustberg = 3= Planning Commission of Monroe County_ M .4.a Signed this 9th day of June 2010 APPROVSD AS TO FORM AND S i WCyY ' it rngs's Qil'fea - Resolution P10-10 Page 3 of e i y ya y Ism JJJddJJJJJddJdlJJ�1111111111 iii��i�i�ii�dJBJdJJdddJJJJJ fill fit; I its I i"1111111811i! 4 A 6yq r6 r6 R f= Y Ull. a yy yy YY . V . Y a M O N r. V. r M Y•x ... V L� . M 0 0 0 y O .. r Y UP .000gggsaSaggoBgSooa0000a.aoeoogSgSgggoeooSagg aooaoaoa0000aaeo , o.gs$�sasasggasa...a....a..o.a I L_ � aeaeooaoeoa00000a000aaoa000e000aaaaaoea000aoeo �fl�� e.aeoea000aooaoaa00000eaea0000aaao.aeo oa000eoo p' or.aaaeooaeaaeaooaa000eoa0000000000000000000Y0 yj# N�a ooeoeooaaeoaoaaoaaaooeeaea a aooaoaaeooaao.oaea Y �� .aeooeaooaoaeaoeoaaaa eeoeoeaooaaa0000aaaooeoa j i�i� aaae000aeooaoo.eoeooeaeae000aaoaoaeo eooa000ao. �n oaoaaaeaaaoa00000aeeaoae000aaaeaooaaaaoaoaooao f �la.11llloaaeaaoaooaaaoaoa a 000aeaeaoea000a000a 0- .... WOO -- -.NNNyao-- M N N M ti .. • w�� w� w� IC w w� M M Y -�� eaaae000��aaooa y f .......Si....00aoaoa 0 0 0 0 0 0 0' O Y w ti f i t .... • - 53I E RESOLUTION #P24.1a A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION APPROVING THE BIG PINEJNO NAME KEY MARKET RATE RESIDENTIAL DWELLING UNIT ALLOCATIONS AND CONTINUING OTHER APPLICANTS RANKINGS FOR QUARTER BEGINNING APRIL 13, 2010, AND ENDING ]ULY 12, 2010, PURSUANT TO SECTION 138-26 OF THE MONROE COUNTY CODE WHEREAS, the Sr. Director of PIanning & Environmental Resources submitted to the PIanning Commission a Residential Dwelling Unit AIlocation Evaluation Report, dated August 23, 2010 and September 17, 2010, pursuant to the procedures outlined in Monroe County Code, Amended, Section I38-26; and 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: 1. The memorandum entitled Residential Dwelling Unit Evaluation Report, Quarter 4 of Year 18, from TownsIey Schwab, Sr. Director of Planning & Environmental Resources, to the Monroe County PIanning Commission, dated September I7, 20I0, 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 comments of John Wolfe, Esquire; and WHEREAS, the PIanning Commission makes the following Findings of Fact: I. 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 COMMISSION 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 Big Pine/No Name Keys subarea Chairman Wall yes Commissioner Werling yes Commissioner Hale yes Commissioner Cameron yes Commissioner Lustberg yes By Signed this 22th day of September 2010 a APp DYED TO FORM J#ND LEG IEN BY mey's Office rweaM.�r� Resolution P24-10 Page 2 of 2 s0 N Or 29 7 Qo O z s d$o 9 2 d, V _d W mgoc oa Zi O C1 ZRO w W d ��^•��qwq.wggp��bqqN^^OOwwwwq��. ♦..00eeeeoeeeooe.eoee...oeeo.ee.00ee77*?Yeo 7e • 000............eooeeeooeeooeeeooeeoo..ee.oee 0000e.000e..eee000ee000eoo.e..00eeoo..e.00ee ¢ 000..................oeeo.............0ooeee �� b 0000....000.0000000.000000.000000.00.000000 b �wi p O...00OOOOOOOOOOOOOOOOOOOOOOO..000OOOOOOOOgO F �� 0.00.00000.00000.000000.00000.00000000000000 ��$$� 000000.0000000.000....0000000000000.0000.0.. dd6�OO^ .000e..oeee000��eeoo.ee.ee i F^^^^^s�eeeoo.e000.e000ee �Y ee^gooe.000e^$.oeeoo.eeooee�oe^o^.e^^^oeeeoo F w bblY lYwwbabbbwb^^^^^^^^^^^^^-NbbwpbgNNwNq^^^^ 0 ilia � w w s q=�rrrrrrr rrda$ A 1221111121 Iry Hsi �i.w�.. .a."^I9^CVe&Uri 13man V-0aii^; asaRiiIna; �Ri 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 EXHIBff- *Agenda MARATHON GOV'T CENTS 2798 OVERSEAS HIGHWAY MARATHON, FL MONROE COUNTY, FL 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 consider and finalize the ranking of applications In the Dweillnp 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 Hicihway WS 1 Tavernier Mile Marker 92.7: A_reauest for approval of an amendment to a major conditional use permit in order to redeveloD the existin 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 1/4 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. 3. Tavern Stores Chevron, 91860 Overseas Highway (US 1). Key Largo. Mlle Marker 91: A request for approval of a ZAPS (beer and wine, package only) 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. D-Hooker Stors Bar & Grill. 102250 Overseas Highway (US 1). Key Largo, Mile Marker 102: A request for approval of a 5SR (restaurant, 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. 5. Liszka Residence 58 Key Haven Road Raccoon Key, Mlle Marker 5: A request for approval of a variance of two 2 feet to the five 5 foot required side yard setback alona the northwestern property line in order to construct a buiidinca 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; d you are hearing or voice Impaired, call 711': BOARD DISCUSSION GROWTH MANAGEMENT COMMENTS RESOLUTIONS FOR SIGNATURE ADJOURNMENT * 10.01.10 Page 2 of 2 EXHIBIT Ld PLANNING COMMISSION October 6, 2010 Meeting Minutes 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. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL by Gail Creech PLANNING COMMISSION MEMBERS Randy Wall, Chairman Present Denise Werling Present Jeb Hale Present James Cameron Present Elizabeth Lustberg Present C 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 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. SUBNUSSION OF PROPERTY POSTING AFFIDAVITS 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 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. MEETING Continued Items: 10:07 a.m. LA 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 (4`h 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 Mahway (US 1), Mile Marker 92.7: A request for approval of an amendment to a major_ conditional use permit in order to redevelop the existing 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 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. ti- 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), Key Largo, Mile Marker 91: A r_eguest for approval of a ZAPS (beer and wine, package onlv) Alcoholic Beverage SDecial 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. 0 I 10:59 a.m. S.Liszka Residence 58 Key Haven Road Raccoon Key, Mile Marker 5: A request for approval of a variance of two 2 feet to the five 5 foot required side Yard setback aloe the northwestern vropelU 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. Townsley 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. 0 e 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. ADJOURNMENT The Monroe County Planning Commission meeting was adjourned at 11:30 a.m. V *AGENDA PLANNING COMMISSION MONROE COUNTY October 19, 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 MARATHON GOV'T CENTER 2798 OVERSEAS HIGHWAY MARATHON, FL MONROE COUNTY, FL 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. * 10.07.10 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. WaI reens 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. 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: ff 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, N you are hearing or voice impaired, call 711 ". BOARD DISCUSSION GROWTH MANAGEMENT COMMENTS RESOLUTIONS FOR SIGNATURE ADJOURNMENT * 10.07.10 Page 3 of 3 From: Grimsiey-Susan Sent: Tuesday, October 19, 2010 9:50 AM To: Creech -Gail Cc: Stankiewicz-Tiffany Subject: FW: Mr. Akins Authorization Attachments: Third Party Authorization forJA.pdf Please put in electronic and hard file. Susan Grimsley, Asst. County Attorney 305-292-3470 _. From: Ray Garcia [maiito:rgarci�rayaarcialaw.com1 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 (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. Please take a moment to complete our Customer Satisfaction Survey. http://monroecoil-virtualtownhall.net/Pages/MonroeCoFIL WebDocs/css 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 e-mail communication may be subject to public disclosure. omekw The Law Office of Ray Garcia, P.A. Attorney at Law Florida Civil Law Notary 'a 14850 SW 26t' Street Southern District of Florida Suite 104 Middle District of Florida Ray Garcia, E". Miany, Florida 33185 Northern District of Florida Board Certified is Real Esau Law Tel: 305.227A030 Fax: 305.223.9811 10 Circuit court of AW=ls rearclaQravMialaw.com_ www.rayg cialaw.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 Hearings with the Monroe County Planning Commission for Big Pine/No Name Key Subarea Quarter 4, Year 18 reg ROGO Applications 07100486; 07100486; 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: �' r en--/ e Ray Garcia, Esq. Alexis Rodriguez, Esq. Franklin A. J'ara, Esq. John Akins Reference: Big Pine/No Name Key SubarZivarter4, 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 TU Law Office of Ray Garcia., P.A. Attorney at Law . Flonda Civil Taw Notary Southern Dixtrict of Florida ''t c�`4' . Suite 204 tKiddle Distnct of Florida Ray Garcia.Esq. Miami, Florida33185 Northcrn District ofFlorida Board Certified is Rest Estate Law Tel: 305.227.403 0 Fax: 3 05.223.9911 1101 Circuit Court of Appeals [Mia@mg—arcialaw.com www.raygmwaw.com ***Sent Via Fax 305-289-2536 email to rg msley-susanamonroecounty-fl.go_v.; creech- gai� onroecounty-fl. og_v.*** 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 -properly from Mr. Akins. As discussed there is a schedule hearing tomorrow at 9:00am in regards to the above ROGO Applications. As I mentioned on the phone, I am in Miami and I have certain conflicts in Miami that do not allow me to travel to the hearings. 1 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 N PLANNING COMMISSION October 19, 2010 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. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL by Gail Creech PLANNING COMMISSION MEMBERS Randy Wall, 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 AFFIDAVITS 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. I CHANGES TO THE AGENDA Item No. 4 will be not be heard and will be re -advertised. Item No. 6 will be heard as Item No. 2. MEETING Continued Items: LA public hearing to consider and finalize the ranking of applications in the Dwellins 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. (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. Aikens' property. Alexi Rodriguez, Esq. was present on behalf of Mr. Aikens. 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: 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. (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. Townsley 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. 9 2.D-Hooker Snorts Bar & Grill,102250 Overseas Highway (US 1). Kev 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 (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 Hi wa US 1 Ke Lar o 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.Walueens. 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. 19 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 a 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 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. (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. BOARD DISCUSSION Scheduling of upcoming meetings was discussed. GROWTH MANAGEMENT COMMENTS (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. ADJOURNMENT The Monroe County Planning Commission meeting was adjourned at 12:13 p.m. R 0 1 O LAWRENCE P. FRANK SURVEYORS • ENGINEERS a LAND PLANNER 83266 OVERSEAS HIGHWAY, ISEAMORADA, FL 33036 Phone (305) 664-0764 FAX (305) 664-0816 A DIVLSM GF MEGAvMKIN BUSS CORPCRATft a CERTIFIED TO: CANDACE AKINS I D XV/ FIFTE F L4" 2D'R/W w A PH AL T—PAVEMENT 100.D0' (C) €, I PP a arc owwwo a r___r, L---�--I 101�?I loll/ a 100.00' (C) PP I" A147/ ox JOB No. kOS= SEC. 14. TWP. 88 S., RGE. 29 E MONROE COUNTY, FLORIDA N SCALE 1'_3D' LEGAL DESCRIPTION: LOTS 21 and 22, BLOCK I, 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. Q y? y, 66' R/W- y y y y -- ------------- -------- pp b tPP �+ SURVEYOR'S NOTES: 1.) ALL CORNERS FOUND HAVE NO NUMBER DESIGNATING PREVIOUS SURVEYOR OR COMPANY EXCEPT AS SHOWN. 2 ALL BEARINGS AND DISTANCES ARE MEASURED PER PLAT UNLESS DTHERWISE NDTED. 3. No UNDERGROUND ENCROACHMENTS, FOUNDATIONS OR UTILITIES HAVE BEEN LOCATED DR SHOWN UNLESS OTHERWISE NOTED. 4. EXCEPT AS INSTRUMENTS OF RECORD REFLECTING EASEMENTS, RIGHTS -OF -WAY AND/OR OWNERSHIP WERE FURNISHED THIS SURVEYOR S. ELEVATION DATUM N HEREON. M.S.L - B. BASIS OiF BEAR9�Q L.OT ANGLES O.D. BENCHMARK; FL41930 SRb, ELEV. 10.42 8. 0". NORTH SCALED FROM PLAT. THIS IS TO CERTIFY THAT I HAVE CONSULTED THE FEDERAL INSURANCE ADMINISTRATIONHAZARD BOUNDARY MAP, COMMUNITY No.125129, PANEL No. 1328 K, EFFECTIVE DATE 2 18/05, AND THE FLOW HEREON DESCRIBED PROPERTY APPEARS To BE 1N 20NE5 AE do VE, WITH A BASE ATIDNS OF TD' do 11' M.S.L. ABBREVIATION LEGEND: F.I.R FOUND IRON ROD. SITE INDICATED S.I.P. SET IRON PIPE, 1/2' P.L.S. SEC. SEC7IDN #4619 F.I.P. FOUND IRON PIPE, SIZE INDICATED TWP, TOMMSFBP RGE, RANGE F.N.D. FOUND NAIL AND DISK S.N.D. SET NAIL AND DISK, P.L.S. #4619F.C.M. DEED PLAT FOUND CONCRETE PSURED .R.LI. PERMANENT REFERENCEUMOONUMENT rC MCALCULA71>a P.C.P. PERMANENT CONTROL POINT P.1, POINT OF INTERSECTION P.C. CONC. CONCRETE CON �y�m POINT OF CURVE P.D.B. POINT OF BEGINNING ASPH. ASPHALT R/W OF -WAY PVMT. PAVEMENT TYP. TYPICAL TYPICAL ELEV. ELEVATIDN CERTIFIED FOR BOUNDARY SURVEY I HEREBY CERTIFY THAT THIS SURVEY MEETS THE TECHNICAL STANDARDS AS SET FORTH BY THE BOARD OF PROFESSIONAL SURVEYORS AND ,Lf CHAPTER G17-8, FLORIDA ADMINISTRATIVE 77PO ��FI�c2�. FLo�loa sr v6vleed far Pere Meet 12/4/DS 'G LAW'RENCE P. FRANK P.L& p4619 DATEY- NDT VALID UNLESS SEALED 4t, I, T 2D Ki 1 VVI I I tH5 LANE ASPML.T PAVEmEW 00.00, (c) 0ORN1W f 00.00, P 20' Rlw —j BLOCK 1 O � � I I LAT 2! I b BLOCI ,e M SWayrMACKxz� i I , I � I $ LOTH I ^ BLOCK 1 r I I ` _ I , ' I, 't 4yj rl i?--f i 1 l rI LOT23 1 I BLOCK t r I I I 1 W l m _ COUNTY ROAD 0 4 THE FAAYKM NEINOOMMIANCE WOMTHEOIXATRUCTION COMPONENTS. �llp9 GENERAL NOTES; OONORETE OOMPREmm SIRE im Fo-mo P81 M MMUM AT28DAYS, SLLRAP" AEINPOROINO STEEL A$TM A418, OgI1F1E w OOVER RXnV OS AGAINST EARTH FOO11F oa IN r suRFAc� rir MITI NOR SURFACE f 1jr CAST AGAM EARR I w SPLICES: Ib am DIAML w 8) CONCRETE MASONRY UNTSAST M C4304W Fen -IOW PSI 4) ALL ST RAM BRAOKETS, OONNSOlORS, ETD. TO LIE SUPPLW BY SOU*EASTERN METALS OR B2^ PHONE NO. -12n 8)Q&VA NZED PER ASTMA026ORSTAWLESS STEL S) ALL LUMBER Fb-1280F81 MN., E-11ML PSI 7) THE BEAM OOR,9 R BARB ShLY,LLAP IV MIN. ROGO- - +!0 POINTS — PLATTED SUBDIVISION +f POINTS —GROUP 1 HABITAT +2 POINTS — WIND LOAD RATING 175 MPH PER ASCE 7-02 +! POINTS ULTRA LOW VOLUME PLUMBING FIXTURES 1.6 GAL _ FLUSH TOILETS, 2.0 GPM FAUCETS, 2.5 GPM SHOWI HEADS +1 POINTS —SEER RATING >12 +! PAINTS _ SECONDARY WATI`R SOURCE 2.500 GALLON CISTERN +f PAINTS - HEAT RECOVERY AC - ALTERNATIVE ELECTRICITY +f POINTS - EXCEED FLOOD ELEVATION BY 13 INCHES -2 POINTS - AE ZONE TOTAL : 16 POINTS NOTES: TANK AND LID 3500 PSI CONCRETE TANK REINFORCED WITH 3/8" STEEL 12- Q.C. BOTH WAYS REGULAR LID REINFORCED WITH 1/2- STEEL BOTHWAYS TANK WALLS AND BOTTOM 4' MIN PRE —MANUFACTURED TANK BY FLORIDA ROCK AND SAND (OR EQUAL) TANK CAPACITY TO BE MIN 2,500 GALLONS _pRCFA OWNEI: STRUCNREB: LOT C7VERARE: uulMMUS COVERAGE MTALLIMRBED AREA LOM 218 KEYLARG BLRLDRVG NETLAND RESIDENC GRAVEL D OPEN LANDM PROJECT: AWNS RESIDENCE PROJECT NUMBER: AIMS C NET LOT AREA 16• IMPERVIOUS AREA . 2A CALCULATION: 2,842n2 s 231 DRAINAGE PROVIDED: SWAM# TOP AMA (TA) B 1 4WSF f86 2 !BO $F Br will WOP L@IQHT >IB'& B807lBdOHi i—,,m ! WINDRLL I *r BOTII SWALE #1 N.T.B. W7-oTgp,LElmfi i710P" V-V BOOTT um-rf SWALEAR{A W/ NO RLL V BOTW® WALE #2 S N.T.B. From: Wingate -Mary Sent: Friday, August lO 20128/42AKd To: Stankiewicz'Tiffany Subject: RE: Flood Zone Verification Akins Yes, our regulationsrequire that the governing flood zone is the most restrictive flood zone that crosses any portion of the structure. Asthis lot isdissected almost inhalf bbvtthe flood zone gutter line, seems there would benoway to build ahouse which would not Uelocated and rated asaVEzone structure. Senior Floodplain Coordinator 2798 Overseas Highway, Suite 300 Marathon, FL 33050 305-289-2866 From: Stan kiewicz-Tiffa ny To: Wingate -Mary Subject: RE: Flood Zone Verification All A»shown inthe aerial photo below, please confirm ifaresidential unit is proposed |nthe middle ofthe property and falls in the VE flood zone area then would the VE flood zone restrictions apply? From:Wingate-Mary Sent: Thursday, June O7,ZOIZ7:Z9AM To: Stan kiewicz--lffany Subject: RE: Flood Zone Verification Akins I have received no flood map revisions on these properties Senior Floodplain Coordinator Monroe County Building Department 2798Overseas Highway, 8uite3OO Marathon, FL3@0SO 305'289^2888 Fmom:Stankievxkcz-Tiffany Sent: Wednesday, June 06.3O134:19PM To: Wingate -Mary Subject: Flood Zone Verification Akins Mary, Please confirm if the properties outlined in blue are still located in the VE flood zone as shown. I am looking to verify the applicant has not applied for received a new flood zone. Subject Properties (outlined in blue) (2009) White line shows separation of the AE Flood Zone and VE Flood Zone Appreciate your assistance. '7Sm Development Administrator Monroe County Planning & Environmental Resources 305-289-2513 stankiewicz-tlffanvomonroecounty-fl.Qov 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 e-mail communication may be subject to public disclosure. N 0 requested by application. For more information, see the Tentative Rates subsection in the Rating section of this manual. B. Submit -fa -Rate Some risks, because of their unique underwriting characteristics, cannot be rated using this manual and must be submitted to the insurer. The Insurer must obtain all information necessary to properly rate and issue the policy. Policies for Submit -for -Rate risks are re -rated annually. For additional information, see the Submit -for -Rate subsection in the Rating section. Pre -FIRM risks may not be rated using the Submit -for - Rate procedures except for buildings with subgrade crawlspaces as described in the Rating section. Pre - FIRM buildings in AO and AH Zones with the basement/ enclosure/crawispace/subgrade crawispace at or above the BFE or Base Flood Depth are to use the With Certification of Compliance or Elevation Certificate rates and would not have to follow Submit - for -Rate procedures. The policy effective date for a Submit -for -Rate risk Is determined based on the date of application and receipt of premium, in the same manner as all other policies. See New Policy (Submit -for -Rate submission) in the Effective Date subsection of this section for the applicable waiting period information. C_ Provisional Rates Rules applicable to provisionally rated policies are provided in the Provisional Rating section of this manual. D_ Buildings in More Than 1 Flood Zone/BFE Buildings, not the land, located in more than 1 flood zone/BFE must be rated using the more hazardous zone/BFE. This condition applies even though the portion of the building located in the more hazardous flood riskzone/ BFE may not be covered under the SFIP, such as a deck attached to a building. (Example: The building must be rated using the more hazardous flood risk zone/BFE if any portion of the attached deck foundation extends into the more hazardous flood risk zone/BFE. If the attached deck overhangs the more hazardous flood risk zone/BFE, but its foundation system does not extend into more hazardous flood risk zone/BFE, then the building must be rated using the flood risk zone/ BFE where the building foundation is located.) E. Different BFEs Reported When the BFE shown on a Flood Zone Determination is different than that shown on the Elevation Certificate, and the zone and the map information (community number, panel number, and suffix) are the same on both documents, the BFE shown on the Elevation Certificate must be used to rate the policy. In all cases, the zone and BFE must be from the FIRM in effect on the application date or renewal effective date unless grandfathering. F. Flood Zone Discrepancies When presented with 2 different flood zones, use the more hazardous flood zone for rating unless the building qualifies for grandfathering (see XIV.D. in the Rating section of this manual). The map information (community number, panel number, and suffix) and BFE must come from the same source as the zone used to rate the policy. NOTE: The NFIP rules allow the continued use of the flood zone and/or BFE that was in effect at the time of application or renewal even when a map revision that changes the zone and/or BFE occurs after the policy effective date. Xi. MISCELLANEOUS A. Policy Tenn The policy term available is 1 year for both NFIP Direct business policies and policies written through WYO Companies. B. Application Submission Flood insurance applications and premium payments must be made promptly to the insurer. The date of receiptofpremium bythe insurer is determined by either the date received at its office or the date of certified mail. In the context of submission of applications, endorsements, and premiums to the Insurer, the term "certified mail" Includes the U.S. Postal Service and certain third -party delivery services. For details, see subsection VIII.A. Receipt Date within this section. Agents/producers are encouraged to submit flood insurance applications by certified mail. Certified mail ensures the earliest possible effective date if the Application and premium are received by the insurer more than 10 days from the application date. The date of certification becomes the date of receipt by the insurer. C. Delivery of the Policy The policy contract must be sent to the Insured on new business or when changes are made to the policy form. The policy declarations page must be sent to the insured, agent/producer, and, if applicable, lender. GR 14 OCTOBER 1,. 2011