Item H09 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 17, 2013 Division: Growth Mana eg ment
Bulk Item: Yes X No Department: Code Compliance
Staff Contact Person/Phone#: Christine Hurley 289-2517
Ronda Norman 289-2520
Steve Williams 292-3470
AGENDA ITEM WORDING:
Approval to file an action in circuit court seeking an injunction to compel the property owner Magnolia 101
LLC, Brian Lindback Manager, and Atlantic Trash& Transfer LLC, Brian Lindback Manager,to comply with
various county ordinances, cease prohibited unlawful activities, secure necessary approvals and correct the code
violations of Code Enforcement Case(s) CE10070169; CE10070148; CE10070167 and CE13050096.
ITEM BACKGROUND:
In 2007, Code Compliance received complaints of unapproved uses on parcels of land and on the County Right-
of-Way on Magnolia Street, Key Largo. Four cases ensued against the then owner, Ocean Acres Recycling,
owned by Carl Lindback. On March 3, 2008 these parcels and the recycling company were deeded to new
corporations: Magnolia 101 LLC and Atlantic Trash & Transfer LLC, both managed by Brian Lindback.
Several meetings were held with the property owner and various County Staff members to explain the steps
needed to achieve compliance of code cases CE07040211, CE07040209, CE07040213 and CE07040212. In
2010, it appeared that no progress was being made and the operations had expanded and three new code cases
were created to reflect the current violations. Attempts to guide the property owner in achieving compliance
were again made by County Staff members.
On February 29, 2012 a site inspection was conducted and research revealed that the unlawful activities had
expanded and additional unpermitted landclearing had taken place on property owned by Magnolia 101 LLC,
the County Right-Of-Way, County property and State owned land. Several more meetings with the property
owner and various County Staff members ensued to explain the steps needed to achieve compliance. In October
2012 research revealed that no steps have been taken toward compliance and three Notice of Violation/Notice of
Hearings were provided to Mr. Lindback on November 29, 2012 to appear at the February 28, 2013 Special
Magistrate Hearing. On February 12, 2013 the property owner entered into three "Stipulation to code violation
and for time to comply for first time offenses" agreements with Monroe County agreeing to a compliance date of
December 17, 2013 for all three cases.
On February 6, 2013 Mr. Lindback attended a Pre-Application meeting for a Letter of Understanding with the
Planning Department. On April 29, 2013 a Letter of Understanding was issued by the Monroe County Planning
Department. (Attached).
A site visit was conducted on May 8, 2013 to assess the condition of the parcels,whereby the County discovered
a large patch of trenching and that a large block of coral (8' X 6' X 4') had been extracted from the ground. On
May 10, 2013 a Stop-Work-Order was posted for illegal trenching and resource extraction.
On May 10, 2013 the County conducted a phone conference with Mr. Lindback's counsel, advising him of the
current situation and the continued unapproved use and continued landclearing on the parcels owned by
Magnolia 101 LLC, the County Right-of-Way, County property and State owned land. Thereafter, several
attempts were made by various County employees to access the trenching and excavation and they were denied
access to the County Right-Of-Way by the continued unapproved use on the County Right-of-Way.
Another Code Case CE13050096 was created and a Notice of Violation/Notice of Hearing for the immediate
Cease and Desist of all unapproved development, the prohibited light and heavy industrial uses, the illegal
disposal of waste and yard trash and all resource extractions was prepared. This Notice was posted on the
property with another Stop-Work-Order on June 7, 2013. A site visit on June 18, 2103 revealed that both Stop-
Work-Orders have been ignored and the prohibited unlawful uses continue.
Atlantic Trash & Transfer LLC continues to run the Yard Trash Transfer Station and Recycling Facility without
complying with the County Code. There is no Monroe County approval for this operation on any parcel except
the portion of Lot 20 addressed under Minor Conditional Use Permit No. 2-02. Although Mr. Lindback is
aware of his violations he continues to operate on Lots 1 and 4, the County Right-of-Way, and the Conservation
Easement on Lot 20 without County Approvals and in doing so, has destroyed protected natural vegetation
without appropriate permits and continues to violate County Ordinances.
PREVIOUS RELEVANT BOCC ACTION:
N/A
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty X ti OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM#
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Windsor-Kathleen
To: Hurley-Christine;Williams-Steve,Norman-Ronda
Subject: SUBMITTALS FOR INJUNCTION BOCC 7-17-2013
• AIS
• MINOR CONDITIONAL USE
• CONSERVATION EASEMENT
• 2006 AERIAL
• CORRECTIVE EASEMENT(FOR MAGNOLIA PURCHASE)
• SUNBIZ FOR MAGNOLIA
• MC TAX RECORDS FOR ATLANTIC TRASH
• SUNBIZ FOR ATLANTIC TRASH
• PHOTOS 2-29-2012
LOU
• PHOTOS 5-8-2013(TRENCHING)
AERIAL INDICTING OWNERSHIP AND APPROX. LOCATION OF TRENCHING
PHOTOS 5-10-2013 STOP WORK ORDER(FOR TRENCHING AND EXCAVATION)
• PHOTOS 6-7-2013 STOP WORK ORDER AND POSTING FOR IMMEDIATE CEASE AND DESIST(FOR ALL
UNAPPROVED USES)
• AFFIDAVIT OF MAILING OF SWO
• EMAIL TO RESPONDENTS ATTORNEY 6-10-2013
• SWO
• NOV/NOH
• PHOTOS 6-18-2013
• PHOTOS 6-25-2013
• EMAILS AND PHOTOS FROM PUBLIC WORKS 6-26-2013
• 2012 AERIAL
• 2013 AERIAL
Kathleen Windsor, CFM
Sr. Code Compliance Research Analyst
798 Overseas Highway
.Marathon FL 33050
Phone: 305-289-2586
Fax:305-289-2536
Windsor-kathleenLO-monroecounty-fl.gov
Please e:Floridaas a very broad public records law. Most ri communications to or fromCounty
j�egarding County business are publicrecord, available to the publicrequest. Your e.. ail
�ornmunicatlon may be subject to public disclosure.
1
KONROB COUNTY
OFFICIAL RECORDS
FILL #1305054 k N �1h ; �,
BK#1 7 9 0 PG#1 3 7 7 a
RCD Jun 07 2002 0907AN
DANNY L KOLEAGB, CLI3RK
MONROE COUNTY,FLORIDA
MINOR CONDITIONAL USE DEVELOPMENT ORDER 2-02
A DEVELOPMENT ORDER CONDITIONALLY
APPROVING THE REQUEST BY ALL COUNTIES
RECYCLING, INC. FOR A MINOR CONDITIONAL
USE FOR CONSTRUCTION OF A 1,104 SQUARE
FOOT STRUCTURE TO BE USED AS A WASTE
SEPARATION FACILITY, CONSISTING OF THE
PROPERTY KNOWN AS LOT 20, OCEAN ACRES
SUBDIVISION, KEY LARGO, MONROE COUNTY
FLORIDA, MILE MARKER 100. THE LAND USE
DESIGNATIONS ARE SUBURBAN RESIDENTIAL
(SR) AND SUBURBAN COMMERCIAL (SC) AND
THE REAL ESTATE NUMBER IS 00454520.000000.
WHEREAS,All Counties,Inc. is the owner of real property described as lot 20,
Ocean Acres Subdivision,Key Largo,Monroe County Florida,and
WHEREAS,the above described property is located in the Suburban Residential
(SR)and Suburban Commercial(SC)land use districts;and
WHEREAS, the Development Review Committee (DRC) of Monroe County,
Florida, in accordance with the provisions of Sections 9.5-24 and 9.6-69 of the Monroe
County Land Development Regulations, met to review the request of All Counties, Inc
for approval of a Minor Conditional Use on April 16,2002;and
WHEREAS, the Development Review Committee reviewed the following
information relevant to the request for a Minor Conditional Use:
1. Signed survey dated January 15, 2001 prepared by David S. Massey, Professional
Land Surveyor,and
2. Site Plan prepared and sealed February 12, 2002 prepared by Wayne M. Grierson,
P.E. ;and
Page I of 4
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k
FILE #1305054
BK#1 7 9 0 PG#1 3 7 6
3. Interior renovations and elevations prepared and sealed July 18, 2001 by Wayne M.
Crierson,P.E.;and
4. Vegetation survey dated February 12, 2002 prepared by Karen Sunderland Strobel,
Environmental Consultant;and
5. The staff report prepared by Jeff Stuncard, Senior Planner and Nilro Reisinger,
Biologist,dated April 9,2002;and
6. Comments made by members of the Development Review Committee;and
7. Comments made by the applicant and the applicant's agent; and
WHEREAS, the Development Review Committee adopted the following
findings of fact and conclusions of law:
1. We find that the applicant has not obtained an access permit from Monroe County for
Magnolia Street. Therefore,we conclude that the project is not in compliance with
Section 9.5-421 of the Monroe County Code;and
2. We find the proposed restoration planting plan for all areas of hammock not within
the SC zoned parcel must be completed, fenced, and a Grant of Conservation
Easement Agreement placed on this area. Therefore, we conclude that compliance
has not been determined with regard to Section 9.5-344 of the Monroe County Code;
and
3. We find that the water management plan has not been approved by the County
Engineer. Therefore,we conclude that the project is not in compliance with Section
9.5-344 of the Monroe County Code;and
4. We find that a modification reducing the front setback to ten(10)feet will need to be
approved by the Director of Planning;and
WHEREAS,the Development Review Committee,based on its findings of fact and
conclusions of law, recommended approval with conditions of the application for Minor
Conditional Use approval submitted by All Counties, Inc. to the Director of Planning,
and
WHEREAS,the Director of Planning has duly considered the recommendation of the
Development Review Committee;and
WHEREAS, the record established, the testimonies offered, and the evidence
submitted,support the findings of fact adopted by the Development Review Committee;
Page 2 of 4
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I
FILE 01305054
BK#1 7 90 PG#1 3 7 9
NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW
COMMITTEE OF MONROE COUNTY,FLORIDA,that:
The application for a Minor Conditional Use submitted by All Counties, Inc. for
construction of a 1,104 square foot structure on property described as lot 20,Ocean Acres
Subdivision, Key Largo, Monroe County Florida, is hereby APPROVED with the
following conditions:
1. The applicant shall obtain a county access permit for Magnolia Street prior to the
issuance of a building permit;and
2. The proposed restoration planting plan for all areas of hammock not within the SC
zoned parcel must be completed, fenced, and a Grant of Conservation Easement
Agreement shall be placed on this area prior to the issuance of a Certificate of
Occupancy;and
3. The water management plan shall be approved by the County Engineer prior to the
issuance of a building permit;and
4. A modification reducing the front setback to ten (10) feet shall be approved by the
Director of Planning Prior to the issuance of a building permit.
Date t,M.c,B.t enne,
K.Marlene Conaway,Direoe6r of Planning
I HEREBY CERTIFY that on this day before me, an officer duly authorized in
the State aforesaid and in the County aforesaid, to take acknowledgments, personally
appeared K. Marlene Conaway, known to me to be the person described in and who
executed the foregoing instrument and she acknowledged before me that she executed the
same.
r/and official seal in OREA
6S
WlZ'NES tan`/dayof 2�2.NOT.
REFERENCE: In the event that this development order constitutes an amendment,
extension, variation, or alteration of a previous conditional use permit, that document
may be referenced by the following N/A
Page 3 of 4
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FILM N1 3 0 5 0 5 4 f -r
BK#1 7 9 0 PGI1 3 B 0 �
NOTICE
Section 9.5-72(a)of Monroe County Code states that a conditional use permit shall not be
transferred to a successive owner without notification to the Development Review
Coordinator within five(5)days of the transfer.
Under the authority of Section 9.5-72(a) of the Monroe County Land Development
Regulations, this development order shall become null and void with no further notice
required by the County,unless a complete building permit application is submitted to the
Monroe County Building Official within six (6) months of the expiration of the
Department of Community Affairs appeal period or the date when the Department of
Community Affairs waives its appeal and all required certificates of occupancy are
procured within two(2)years of the date of the initial building permit.
If this development order is appealed under Monroe County Code or by the Department
of Community Affairs,the above time limits shall be tolled until the appeals are resolved.
This instrument shall not take effect for thirty (30) working days following the date of
memorialization thereof, and during that time, the permit shall be subject to appeal as
provided in Section 9.5-521(d) of the Monroe County Land Development Regulations.
An appeal shall stay the effectiveness of this instrument until resolved.
In addition,please be advised that pursuant to Chapter 91-1,Florida Administrative Code,
this instrument shall not take effect for forty-five(45)days following the rendition to the
Florida Department of Community Affairs. During that forty-five days, the Florida
Department of Community Affairs may appeal this instrument to the Florida Land and
Water Adjudicatory Commission, and that such an appeal stays the effectiveness of this
instrument until the appeal is resolved by agreement or order.
NONROB COUNTY
OFFICIAL RBCORDS
Pane 4 of 4
W:1Plan\Plancoordlworkfold\Lh on-Judy1PCDRC\ResosDO\DO2-02.doc Initials `I�"
MONROB COUNTY
FGrant of' OFFICIAL RBCOBD9
FILE #1 4 2 3 5 1 9
9K41 9 7 2 PG#3. 0 9 6
Conservation
BCD Feb 04 2864 ®1e54PM
DANNY L KOLRAGE, CLERK
IlEasement r
THIS ACRE MMMr is mado this 21 a t day of January ,20 04 by and between
ALL COUNTIES RECYCLING AND WASTE PROCESSING INC.
whose address is 300 Atlantic Drive#6,Rey Largo,Florida 33037
County of Monroe State of 0.tor)and Monroe County,a political
subdivision of the State of Florida,whose address is 5100 College Road,Stock Island,Key West,Fl 33040
(Grantee).
The parties recite and declare:
The grantor is the owner of certain real property commonly known as
101 Magnolia Street,Key Largo Florida 33037
(the servient estate),mere particularly described as follows: (Legal description)Squares 4&20
Ocean Acres,PBl P-g. 188 Monroe County Records,RE400454220-000000 and
RE*00454520-000000
The Grantaz desires to develop the servieat estate as(describe project):
.A Man shown id2WWgQ&k"t9
The servient estate contams(describe relevant natural features):
High Elevation Tropical Hardwood Hammock and Restored Hammock Arm
The Grantee is a general purpose political subdivision of the State authorized and requited to
regulate and control the use of real property through land development regulations in order to protect the
public health,aafety and welfare. Sec.9.5-336 of the Grantee's land development regulations requires that
ALL COUNTIES RECYCLE -I- Document prepared by:Jean Redainaw
98100 Ovaaeu Highway
Tavamier,Florida 33070
PILE #1 4 2 3 5 1 9
BR#1 9 7 2 PG#1 @ 9 7
certain areas of the servient estate be retained as open space and preserved in their natural
condition if the servient estate is to be developed as a waste-processing canter.
The parties agree as follows:
1. Grant of easement
In consideration for a development permit for a waste-processing center
and in order to comply with Sec.9.5-336,Monroe County Code,the Grantor hereby grants to Craatee the
easement described below.
2. Qui=gLdw amMIA ad Manninahn.
This easement is a conservation easement radar Sec.704.06,Fhr.StaL and is to be governed by,
construed and enforced in accordance with that statute and with the applicable laws of the State of Florida.
3. I.osM=of the easement.(metes and bounds description of the open space area)
IL The conservation easement is located as follows
as shown in Exhibit A attached
b. The location of the easement is also described in the diagram attached to this instrument
as Ex1ait"A"and,by reference,made a part of as fully and to the some effect as if set forth in this
instrument in its entirety.
4.
The conservation easement granted by this instrument unposes the followimg restrictions on the
future use of the serviemt estate within the easement area:
a. No removal,trinuniag or priming of trees,shrubs,or other vegetation(except non-native
vegetation whose removal is authorized by the Grantee's biologist).
b. No acts that are detrimentai to wildlife or wildlife habitat preservation.
C. No excavation,dredgin&or removal of loam,peat gravel,soil,rock,or other material
substances is such nuumer as to affect the surface.
d. No activitios detrimental to drainage,flood control,water conservation,erosion control
and soil conservation
ALL COUNTIES RECYCLE 2
FILE #1 4 2 3 5 1 9
BR#1 9 7 2 PG#1 0 9 B
C. No damping or placing of soil or other sabst eim or material as landfill or dumping or
placing of trash.waste,or aosightly or offensive materials.
f. No planting of non-native plants.
5. Terms and persons bound
This conservation easement is perpetual,runs with the lend and is binding on all present and
subsequent owners and mortgagees of the servie d estate. Grantor represents that the mortgagee(s),if any►,
whose consent is attached hereto,is(are)the only mortgagees)having a security interest in the servient
estate.
6. FA dire mmL
Thin agreement constitutes the cadre agreement between the parties and any prior understanding
or representation of any kmd preceding the date of this agreement is not bindial upon either party except to
the extent incorporated in this Agn n>em.
7.
Any modification of this Agreement or additional obligation assumed by aW wr party in
connection with this Agreement is binding' only if evidenced in writing and signed by an authorized
representative of as&party and by any mortgagee.
B. Mum'
In the event of any controvervy,claim or dispute arising under this insa mcut.the prevailing party
is entitled to recover reasonable attorney's foes end costs.
9. FM of Grantee's on the servient estate,
The Grantee's representative on the serviod estate,after first furnishing the Granter no less than
24 hours notice for the purposes of inspection to datermine the Grantor's compliance with this Agreement.
Ia. Notice.
Any notice provided for or concerning this Agreement mast be in writing and is sufficiently given
when sent by certified or registered mail,or via an equivalent service furnished by a private carrier,to the
respective address of each party as set forth at the beginning of this Agwm=L
ALL COUNTIES RECYCLE 3
FILB N1 4 2 PG1 0 9 9
Bgjl 9 7 2
IN WITNESS WHEREOF,tau parties hereto have set their hands and seals the day and year lust
above written.
',I a
BOARD OF COUNTY COMMISSIONERS
ATTEST: DANNY L.KOLHAGE,CLERK OF MONROE COUNTY.FLORIDA(Grantee)
y B
Deputy Clerk mayodamovi
Of witnesd Grantor
�e�j'e;q f lexander MONte4�LJO
Printed name of witness Printed rmme of Grantor
�r
store of witaoss Grantor
4 2viS 050410
Printed name of witness Printed nears of Grantor
STATE OF FLORIDA
COUNTY OF MONROE
BEFORE ME,the undersigned auft ity,personally appeared L 'x
and ,who are personally known to an,or ha produced
rL. Dx- and ,respectively
as identification. , r
Swam to ad subscribed before me this _day of /V 6 V .20 .
amftjvaw
a"MmLgm
Typed Notary Name and Number Notary Signature skscal
MONROE COUNTY ATTOMNEV
AWNA .
FORM:
OLFE
ALL COUNTIES 1tECYCIB 4 Oat IEF TAK CQI�r�
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LEGAL DESCREMON:
LOT4&LOT 20. OCEAN ACRES PB 1 PAGE I88
AS PER PUBLIC RECORDS OF MONROE COUNTY,FL
RONROB COUNTY
ZONING:MD(ED SIC&SR OFFICIAL RBC0RDS
ADDRESS:101 MAGNOLIA STREET,KEY LARGO,FLORIDA 33037
RE: ; o04 5ry= 0 - 0 0 00001 RC:#' 100#05'Zo- 000 a0a
Dean 1669824 03/0B/2t166 11:170
Flied a Recorded in Official Records of
NONIM COIRITY DAM L. KO1.J=
THIS INSTRUMENT PREPARED BY AND RETURN TO: 03/86/3805 11 r nee
Carla L.Bahn DBgo Doc STNV CL: taWW :9,45e.aa
Cora(Reef Title Company
93266 Overseas Highway
Islamorads,FL 33036 DOOR 161115M
Property Appraisers Pend Identification(Folio)Numbers: jim 2348 Pan 1924
004S4520;00454230;004S4220 454110
SPACE ABOVE nitS LINE FOR RECORDING DATA
THIS WARRANTY DEED,made the 3rd day of March,200E by Ocean Acres Recycling,LLC,a Florida Lfmlhd 1.1abliity
Company,herein called flat grantor,to Magpolle 101,LLC,a Florida Limited Liability Company whose post ollice address;is 195 N.
Airport Rd,Tavernier,FL 33070,hereinafter called the Grantee:
(Whcrewr xssd herein the terms grantor"and jrantre"include all the parties to this immtmsne and the heirs,fegai rrpreamadses and artiste of
Indwdea6,and the sueeenorr and assigns ofeorporariond
W 1 T N E S S E T H:That the grantor,for and in consideration of the sum of TEN AND 001100-S($I0.00)Dollars and other valuable
considerations,receipt whereof is hereby acknowledged,hereby gmnt%bargains,sells,aliens,remises,releases,convoys and confirms
unto the grantee all that certain land situate in MONROE County,State of Florida,viz:
Squares 1,4,S and 20,OCEAN ACRES,according to the Plat thereof,as recorded to Plat Boot I at Page 183 of the Public
Records of Monroe County,Florida.
TOGETH ER,with all the tenements,he edhaments and appurtenances thereto belonging or in anywise appertaining.
TO HAVE AND TO HOLD,the same in fee simple forever.
AND,the grantor hereby covenants with said grantee that the grantor is lawfully sound of said land in fee simple;Olaf the grantor has
good right and lawful authority to sell and convey said land,and hereby warrants the title to said land and will defbnd the same against the
lawful claims of all persons whomsoever,and that said land is free of all cocumbreaces,except taxes accruing subsequent to December
31,2003.
IN WITNESS WHEREOF,the said grantor has signed and seated these presents the day and year firm above written.
Signed,sealed and delivered in the presence of.
Ocean Acres R cling, LLC, a Florida
T72 V- 1
( � o
witness 01 Sigremubda L Bohn Carl E.Llndbeek,Ill, amazing em
Wiheess q Primed e
PO Box 499.Wonoradx EL 33036
Ttlam
&Ar
ms#t signature/S
Whom a2 Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this 3rd day of March,2008 by Carl li Lindback,III,Managing Member of
Ocean Acres Recycling,LLC,a Florida Limited Liability Company on behalf of the corporation.HdJShe is personally(mown to me or
has produced as Identification.
SEAL •,� CARl4I s+I"N rbmryuc kegx—
iPu •etasdFlorida
jCaNmeenEWsasSep7$7009 Notary Signature
P Cam wwn a W 449M
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COUNTY
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Doell 1725464 01/06/2619 2:04PH
Filed a Recorded in Official Records of
NONROE COUNTY OMNNY L. KOLNWE
Dacp 1725484
8kN 2304 PSN 2283
Return to:
Monroe County
Growth Management Division
2798 Overseas Highway
Marathon,Florida 33050
Prepared by:
No Stress Property Management,Inc.
144 Apache Street
Tavernier,FL 33070
------------------------------ Space Above This Line For Recording -
MONROE COUNTY, FLORIDA
CORRECTIVE GRANT OF CONSERVATION EASEMENT
This corrective Grant of Conservation Easement is being recorded to correct the Grant of
Conservation Easement filed at Book 1972 Page 1096, in order to reflect the conditions in the
minor conditional use Development Order 2-02 issued by Monroe County on April 22, 2002
filed at Book 1790 Page 1379.
This Conservation Easement is Granted this A?ty of 20O by
Magnolia 101, LLC, whose address is 101 Magnolia Street, Key Largo, Flori 33037 in the
County of Monroe and the State of Florida(Grantor), to Monroe County, a political subdivision
of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040,
(Grantee).
Grantor declares and grants as follows:
1. Background Information
A. Grantor is the successor in interest to the above-referenced Development Order
and is the fee simple title holder of certain real property with a street address of
101 Magnolia Street, Key Largo, Florida 33037, and with a Monroe County Real
Estate Number of RE#00454520-000000 (Ocean Acres, Key Largo, Lot 20), the
servient estate, and which is shown on Exhibit A.
B. The consent of all mortgagee(s)of the servient estate is attached as Exhibit
If no consent is attached hereto, Grantor certifies to Grantee that no mortgage
exists.
C. Grantor desires to develop the servient estate as a waste processing facility.
D. The servient estate contains High Elevation Tropical Hardwood Hammock and
Restored Hammock Areas.
Page I of 6
GOCF_A Rev:8rl t16
Pmp n-A by
DoCB 1723484
Bkp 2384 Pep 2284
E. Grantee is a general purpose political subdivision of the State and is authorized to
regulate and control the use of real property through Land Development
Regulations(LDRs) in order to protect the public health,safety and welfare of its
citizens.
F. Section 9.5-337 (2006 edition) of Grantee's LDRs requires that certain areas of
the servient estate be retained as open space and preserved in their natural
condition.
2. Grant of Easement
Grantor grants to Grantee the easement shown on Exhibit A.
3. Character of the Easement
This easement is a conservation easement,which, as defined by Section 704.06 of
the Florida Statutes, is a right or interest in real property which is appropriate to
retaining land or water areas predominantly in their natural, scenic, open,
agricultural or wooded condition;retaining such areas as suitable habitat for fish,
plants or wildlife; retaining the structural integrity or physical appearance of sites
or properties of historical, architectural, archeological or cultural significance; or
maintaining existing land uses.
4. Location and Description of the Easement
A. This easement is located on the servient estate as described above.
B. This easement is shown in the diagram attached to this instrument as
Exhibit A and by reference made a part hereof.
5. Law Governing the Easement and Enforcement Thereof
This easement is governed by Section 704.06 of the Florida Statutes, or the
equivalent Florida Statute governing conservation easements, and is to be
construed and enforced in accordance with that statute and in accordance with the
laws of the State of Florida and the Grantee's LDRs.
6. Restrictions Imposed by the Easement
By these presents Grantor imposes and will impose the following restrictions on
the use of the servient estate within the easement area:
A. No construction or placing of buildings, roads, signs, billboards or other
advertising,utilities or other structures on or above the ground.
Page 2 of 6
GOCF.A-Rev:&IN6
PMTamd*.
Doll 1723484
BkN 2394 PNN 2285
B. No dumping or placing of soil or other substance or material as landfill or
dumping or placing of trash,waste or unsightly or offensive materials.
C. No removal, trimming or pruning of trees, shrubs or vegetation except for
such removal, trimming or pruning which Grantee's biologist has
authorized in writing.
D. No excavation, dredging or removal of loam, peat gravel, soil, rock or
other material substances in such a manner as to affect the surface of the
easement area.
E. No surface use except for purposes that permit the land or water area to
remain predominantly in its natural condition.
F. No activities detrimental to drainage, flood control, water conservation,
erosion control or soil conservation or fish and wildlife habitat
preservation.
G. No acts or uses detrimental to such retention of land or water areas.
H. No planting of non-native, invasive or exotic plants.
I. No acts or uses detrimental to the preservation of the structural integrity or
physical appearance of sites or properties of historical, architectural,
archeological or cultural significance.
J.
7. Access to the Servient Estate
Grantor will allow Grantee to access and to enter upon the servient estate,with no
less than 24 hours notice, for the purposes of inspection to determine the
Grantor's compliance with this Grant of Easement.
S. Limitation on Liability for Personal Injury or Injury to Property
The Grantor waives any rights the Grantor may have to bring a claim against
Grantee for personal injury or injury to property that is caused by the negligent
action or inaction of Grantee or an employee or agent of Grantee during the
course of Grantee's activity related to this Grant of Easement and further Grantor
holds Grantee harmless from the claims of all persons for action, inactions or
activities occurring on the servient estate.
9. Term of Easement
This easement is perpetual and runs with the land
GOCEA- Rev:8'IN6 Page 3 of 6
Pmpamd by!
Dens 1725484
Bks 2394 Pas 22M
10. Persons Bound by Easement
This easement is binding on all present and future owners and mortgagees of the
servient estate.
11. Entirety of Grant of Easement
This Grant of Easement constitutes the entire Grant of Easement from Grantor to
Grantee and any understanding or representation of any kind preceding the date of
this Grant of Easement is not binding on either the Grantor or Grantee except to
the extent it has been incorporated into this Grant of Easement.
12. Modification of Grant of Easement
This Grant of Easement may be modified only by a written modification signed
by an authorized representative of Grantor and Grantee and by any mortgagee(s).
13. Recover of Attorney's Fees
In the event of any controversy, claim or dispute arising under or as a result of
this Grant of Easement,the prevailing party will be entitled to recover reasonable
attorney's fees and costs.
14. Notice Concerning Grant of Easement
Any notice provided for or concerning this Grant of Easement will be made in
writing and will be sufficiently given when sent by certified or registered mail to
the respective address, as set forth at the beginning of this Grant of Easement, of
Grantor or Grantee.
15.Recording of Grant of Easement
This Grant of Easement will be recorded in the Official Records of Monroe
County, Florida and any changes hereto will also be recorded in the Official
Records of Monroe County.
[The remainder of this page has been intentionally left blank.]
Page 4of6
GOCEA Rev:8,106
Pmpared by:
loop 1725484
ON 2344 P21 2287
In Witness Whereof, Grantor grants the Conservation Easement above and executes this
instrument this—4-day of 2061b.
' ,m;e<a 4�� I 2 3
First WRtncsiYijVi&re Gr
Signature
First Witness Printed Rarde-1 Grantor Printed Name
7
Second Witness Signature Grantor title
8 l a I " — � 9
Second Witness Printed Name Date
State of Florida
County of Monroe
�
appeared
Before me, the undersigned authority,personally �
and , who are personally known to me, or have produced
and ROLI&1,431-IV-7.5 rj-4,FA-V , respectively as
identification.
Sworn and subscribed to me this q day of LN ,2040.
2 -
L&vm bse,,cARJR-a U-- Ce.-to
Typed Notary Name and Number Notary Signature and Seal
t Mft-ftbdRaft
Page 5 of AV82'2M
GOCEA..Rev:8r 1116 OURVANAM 0 00
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U=N 1725454
ON 2394 Pop 2268
MONROE COUNTY, FLORIDA
ACCEPTANCE OF CONSERVATION EASEMENT
In Witness Whereof, Grantee accepts the Conservation Easement granted above and executes
this instrument the date set forth below.
`Z'e ° Monroe County,Florida
First Witness Signature
By
First Witness Printed Narnk Director of Growth Management(Signature)
Second Witness Si tore Director of Growth Management(Printed Name)
Second Witness Printed Name Date
Ar�WO As W�
State of Florida
County of Monroe
Before me,the undersigned authority, personally appeared 4A41,e�_,` --Le/0,677` l: ,
who is personally known to me, or has produced as
nti cati idefion.
64
Sworn and subscribed to me this �T day of _ ,20_0
Ab.�-Aft-
Met,. I,ups
No .atur and Seal
Page 6 of 6
GOCEA ��Rev.8r1�06
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CONSERVATION EASEMENT DESCRIPTION+
An easement for conservation purposes over and across a
portion of Lot 20, OCEAN ACRES, according to the Plat thereof,
as recorded in Plat Book 1, at Page .188 of the Public Records
of Monroe County, Florida, said portion being more particularly
described by metes and bounds as follows:
BEGIN at the Northeast corner of said Lot 20, OCEAN ACRES;
thence run on an assumed bearing of S.00'07'39'E., along the
East line of said Lot 20, a distance of 200.00 feet to the
Southeast corner of said Lot 20; thence run S.88m'13'21'W., along
the South tine of said Lot 20, a distance of 138.67 feet; thence
depart said South line and run N.19.59'35'E, a distance of 126.98
feet; thence run N.88'00'23'E., a distance of 51.88 feet; thence
run N.01a42'31'W., a distance of 81.80 feet to a point in the
North line of said Lot 20; thence run N.88a13'21'E. along said
North line of Lot 20, a distance of 45.36 feet to the Point of
Beginning.
Contains 17,407 square feet, more or less.
NOTE&
1. This description was prepared by the undersigned from information found in the
public record, and from information obtained by a boundary survey of Lot 20,
OCEAN ACRES, by this comapny on 8-31-05.
2. Per the client's instructions the conservation easement was prepared to
encompass that portion of Lot 20 lying Easterly of the existing chain link fence.
3. The bearings shown n 0 o the sketch on Sh
eet 2 and appearing ppenring in the above
description are on an assumed datum. The base of which is the East line of Lot 20.
4. This is a description and sketch of same only. it is not a boundary survey and
should not be used as such.
NOT COMPLETE WITHOUT SHEET 2.
DAVID MASSEY LAND SURVEYIM, Pa o10, . R A�70
Fbihis Cafficeto of Autimbetion Pft to ONOr rXA
Key �Oo ' T d1 >s fin twin b too -
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SHEET 2 OF 2
D1*N 1725464
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a — Pint N.88'13'21T. ———
215
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-- ——————
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( U N I M P R 0 V E D ) ti
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GRAPHIC SCALE PIONROE COUNTY
OFFICIAL RECORDS
NOT COMPLETE WITHOUT SHEET 1.
SEE SHEET i FOR ORIGINAL SIGNATURE AND RAISED SEAL!
DAVID SSEY L SURVEYING, "
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Detail by Entity Name Page 1 of 2
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Detail by Entity Name
Florida Limited Liability Company
MAGNOLIA 101 LLC
Filing Information
Document Number L08000020386
FEUEIN Number N/A
Date Filed 02/26/2008
State FL
Status ACTIVE
Effective Date 02/25/2008
Principal Address
101 MAGNOLIA
KEY LARGO, FL 33037
Changed: 03/15/2010
Mailing Address
195 N. AIRPORT RD.
TAVERNIER, FL 33070
Registered Agent Name&Address
LINDBACK, BRIAN ESR
195 N. AIRPORT RD.
TAVERNIER, FL 33070
Manager/Member Detail
Name&Address
Title MGRM
LINDBACK, BRIAN
195 N. AIRPORT RD.
TAVERNIER, FL 33070
Annual Reports
Report Year Filed Date
2011 04/18/2011
2012 04/27/2012
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Detail by Entity Name Page 2 of 2
2013 04/16/2013
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04/16/2013 —ANNUAL REPORT View image in PDF format
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u�,,p�naght J and Priv ryy Nllnes
State or Florida,Department of State
http:,I/search.sunbiz.orelinquirylComorationSearch/SearchResultDetail/EntitvName/flal-108000020lR6-64n7dlip-Opi7-4r7i-9rr finsnon
2014 details-Business Tax Account ATLANTIC TRASH&TRANSFER LLC-TaxSys-Monroe County Tax Collector Page 1 of 1
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Tax Collector Home ';m arch Reports Shopping Cart
Details........... Business Tax Account ATLANTIC TRASH & TRANSFER LLC................... 4..................... ................ ................................................................................................�.. ...................... ....................
Business
....................................... ............................._................................._...._..................__.................... ............................. .... ...................................
us Hess Tax Account#74851 Account details Accouot history
3 2012 2011 2005
$0.00 due Paid Paid Paid Paid
Account number 74851 Owner(s) BRIAN LINDBACK
Business start date: 12/02/1998 195 N AIRPORT RD
Business address: ATLANTIC TRASH&TRANSFER LLC TAVERNIER,FL 33070
101 MAGNOLIA ST Mailing address: BRIAN LINDBACK
KEY LARGO,FL 33037 PO BOX 740
Physlcal business location: MONROE COUNTY TAVERNIER,FL 33070
Receipts And Occupations
Receipt 47161-74861
$0.00 due
PUBLIC SERVICE 10/01/2013-09/30/2014 Units:2 Cannot be paid online
MISCELLANEOUS SERVICE
httos:/www.monrnecnunty-taxPcrnmtnnihl;r/hnainPce tavi%rrnnntcd"T,4Ri1 cncnn1t
2012 roll details-Tangible Property Account at 101 MAGNOLIA ST,KEY LARGO-TaxSys-Monroe County Tax Collector page 1 of 1
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Tax Collector Home Search Reports 1hopping Cart
2012 Roll Details .......,Tangible Property Account At 101 MAGNOLIA ST, KEY LARGO
Tangible Property Account#9082093
Parcel details Latest bill - Full bill history
„ _. _�.P. ..a � ..�e. _�we , .. ... . .. .._. .,.,e_. ., .�. ... ._ .......
2012 2011 2010 2009 ,,, 2005
Paid Paid Paid Maid Paid
„r Gel IBills by Email
Owner. ATLANTIC TRASH&TRANSFER LLC
ATLANTIC TRASH&TRANSFER LLC
LINDBACK BRIAN
PO BOX 740
TAVENIER,FL 33070-0740
Situs: 101 MAGNOLIA ST
KEY LARGO
Account number. 9082093
Parcel Number 00800229000000
Millage code: 50013-TAVERNIER
Millage rate: 10.9984
Assessed value. 32,582
=)chool assessed value: 32,582
Exemptions
TANGIBLE VALUE UNDER 25,000
25 000 NON SCHOOL
DISTRICT: x.ocawn is not guaranteed to be accurate.
rANGIBLE VALUE UNDER 25,000
,15.000 SCHOOL DISTRICT
ONLY
;!012 annual btll View I-egal description l ocation
Ad valorem: $83.37 Flock,page,dem• —
Non ad valorem: $0.00 U,,e code. 562111
Total tax:
Paid 2012-11-05$80.04
Receipt#125-12-00000083
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Detail by Entity Name Page 1 of 2
Detail by Entity Name
Florida Limited Liability Company
ATLANTIC TRASH &TRANSFER LLC
Filing Information
Document Number L08000019994
FEI/EIN Number 262031545
Date Filed 02/25/2008
State FL
Status ACTIVE
Last Event LC AMENDMENT
Event Date Filed 08/12/2008
Event Effective Date NONE
Principal Address
101 MAGNOLIA ST
KEY LARGO, FL 33037
Mailing Address
PO BOX 740
TAVERNIER, FL 33070
Changed: 07/30/2008
LINDBACK, BRIAN
195 N. AIRPORT RD.
TAVERNIER, FL 33070
Name Changed: 03/15/2010
Manager/Member Detail
Name&Address
Title MGRM
LINDBACK, BRIAN
195 N. AIRPORT RD.
TAVERNIER, FL 33070
Annual Reports
http:�";;search.sunbiz.orp/Inauirv/ComorationSearch/SearchResultDctailfFntitvNamr/flat-IOROOfW)l 9994-0rrh(ttldf-r7dp-drd/_a711 6t75nfl i"i
Detail by Entity Name
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Report Year Filed Date
2011 04/18/2011
2012 04/27/2012
2013 04/16/2013
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02/23/2009—ANNUAL REPORT View Image In PDF format
08/12/2008-- LC Amendment View image in PDF format
07/30/2008— Reg. Agent Change View image in PDF format
02/25/2008— Florida Limited Liability I View image in PDF format
Coavnaht m and ftiat Pollees
state of Florida,Department of State
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County of Monroe
Growth Management Division
Board dCqA&g&MjUkMm
Mayor George Neugent,Dist.2
2798 Overseas Highway,Suite 410 Mayor Pro Tem Heather Caruthers,Dist.3
Marathon,FL 33050 Denny Koff age,Dist. t
Voice: (305)299-2500 David Rice,Dist 4
FAX: (305)289 2536 Sylvia J.Murphy,Dist.5
April 29,2013
William W.Riley
Bilzin Sumberg Attorneys at Law
1450 Brickell Avenue
Miami,FL 33131
SUBJECT: LETTER OF UNDERSTANDING CONCERNING FOUR(4)PARCELS
OF LAND OWNED BY MAGNOLIA 101 LLC,LOCATED ON
MAGNOLIA STREET,KEY LARGO AND HAVING REAL ESTATE
NUMBERS 004S4110.000000,00454220.000000,00454230.000000 AND
00454520.000000
Mr.Riley,
Pursuant to §110-3 of the Monroe County Code (MCC), this document shall constitute a Letter
of Understanding (LOU). On February 6, 2013, a Pre-Application Conference regarding the
above-referenced property was held at the office of the Monroe County Planning &
Environmental Resources Department in Marathon. Attendees of the meeting included William
riley, Brian Lindback, and Howard Nelson (hereafter referred to as "the Applicant') and
Townley Schwab, Senior Director of Planning &Environmental Resources, Michael Roberts,
Senior Administrator of Environmental Resources,Joseph Haberman,Planning&Development
Review Manager,and Kathleen Windsor,Code Compliance(hereafter referred to as"Staff).
Materials presented for review included.•
(a) Pre-Application Conference Request Form;
(b) Monroe County Property Record Cards;
(c) Monroe County Land Use District Map and Future Land Use Map;and
(d) Site Plan by unlmown and not dated.
I. APPLICANT PROPOSAL
The Applicant is proposing to redevelop the site by expanding the area in which the existing
waste separation facility was originally approved to utilize by Development Order#02-02
Magnolia 101 LLC,Key Largo,Letter of Understanding(File#2013-013) Page 1 of 12
r
ca�fi�
I�l„
Subject hWc ty with Land Use Districts Overlaid(Aerial dated 2012)
U. SUBJECT"PROPERTY DESCRIPTION
1. The subject property is located at the eastern end of Magnolia Street on Key Largo,situated
at approximate mile marker 100 on the Atlantic Ocean side of US 1. The business currently
operating on the property is Atlantic Trash&Transfer LLC.
2. The property is comprised of four adjacent parcels, legally described as Squares (also
referred to as Lots) 1, 4, 5, 20, Ocean Acres (PB1-188), Key Largo, Monroe County,
Florida and assessed under real estate (RE) numbers 00454110.000000 (Lot 1),
00454220.000000(Lot 4),00454230.000000(Lot 5)and 00454520.000000(Lot 20).Note:
The property is often referred to as part Lots 35, 36 and 45, which, as shown on the plat,
underlie the squares referenced in the preceding legal description.
3. According to the Ocean Acres plat, Lot 1 consists of 38,020 SF of land area (190.1' x
200'), Lot 4 consists of 38,020 SF of land area(190.1'x 200%Lot 5 consists of 38,000 SF
of land area(190'x 200'),and Lot 20 consists of 43,000 SF of land area(215'x 200').
All calculations included in this letter are based on the dimensions provided on the plat,
which may be inaccurate.A boundary survey was not submitted for review.In addition,the
site plan submitted with the application did not provide the total amount of upland.A sealed
boundary survey indicating the total amount of upland area shall be required at the time of
application submittal for any development approval affecting open space or land use
intensity. If the amount of upland area provided on the boundary survey differs from the
dimensions on the plat,then calculations provided in this letter are subject to change.
Magnolia 101 LLC,Key Largo,Letter of Understanding(File#2013-013) Page 2 of 12
IIL RELEVANT PRIOR PLANNING & ENVIRONMENTAL RESOURCE DEFT.
ACTIONS
1. In 1991, the Monroe County Building Department issued Building Permit #913-3552,
approving the construction of a 1,104 SF unenclosed storage shed on Lot 20. This is the
first building permit on file for the subject property. In 1999, the Building Department
issued Building Permit#993-0162 approving security lighting for the outdoor storage area
on Lot 20.
2. In 2002, a minor conditional use permit was issued for the construction of a 1,104 SF
structure to be used as a waste separation facility on Lot 20 (Planning Department File
#22016). The approval was memorialized by Development Order #02-02, signed by the
planning director on April 28, 2002 and recorded in the official records of Monroe County
on June 7,2002.
3. In 2003, the Building Department issued Building Permit #023-3419, approving the
construction of a 1,106 SF commercial building on Lot 20 and other site improvements
related to Development Order #02-02 (note: the building permit file is filed with RE
00454110.000000, not RE 00454520.000000). The building received a certificate of
occupancy on November 7, 2003. In addition, since 2002, several other building permits
have been issued on Lot 20 to facilitate the waste separation facility.
IV.REVIEW
The following land development regulations directly affect the proposal; however, please
note that there are other land development regulations not referred to nor described in this
letter which may govern future development as well.
1. In 1992,a revised series of zoning maps,entitled the Official Land Use District Map,were
adopted for all areas of the unincorporated county. This map series, dated 1988, consisted
of 583 sheets scaled at 1 20'.
On the Official Land Use District Map,the subject property is partially within a Suburban
Commercial (SC) land use (zoning) district(western side) and partially within a Suburban
Residential (SR)land use (zoning)district(eastern side).Note: Lots 20 and 1 are partially
SC and partially SR,while Lots 4 and 5 are entirely SR.
In 1993, a series of future land use maps associated with the comprehensive plan, entitled
the Future Land Use Map(FLUM),were adopted for all areas of the unincorporated county.
This map series,which became effective in 1997,consisted of 8 sheets scaled at 1"=2,000'.
Using the Monroe County GIS database-consistent with the boundaries of the SC district,
the property is within a Mixed Use/Commercial(MC)FLUM category and consistent with
the boundaries of the SR district, the property is within a Residential Low (RL) FLUM
Magnolia 101 LLC,Key Largo,Letter of Undastandmg(File#2013-013) Page 3 of 1'2
category. Note: Lots 20 and 1 are partially MC and partially RL, while Lots 4 and 5 are
entirely RL.
The boundaries of the FLUM for the subject property and surrounding area as shown on the
official FLUM Map are as follows:
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As presented by Staff to the Applicant at the pre-application conference,the boundaries of
the FLUM for the subject property and surrounding area as shown in the GIS database were
as follows:
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Magnolia 101 LLC,Key Largo,Letter of Understanding(File#2013-013) Page 4 of 12
At the pre-application conference, the Applicant did not dispute the land use district
boundaries;however,the Applicant did dispute the FLUM boundaries as they are depicted
in the county's GIS database. Following an independent review of the official FLUM map,
the Applicant asserted that the MC/RL boundary line runs north/south, not
northeast/southwest. Under this interpretation, Lot 20 is designated MC in its entirety, as
opposed to partially MC and partially RL.
Pursuant to MCC §102-21(b)h.,the planning director has the jurisdiction and the authority
to render interpretations of the FLUM.
After a detailed review of the official FLUM map (attached), the planning director has
concluded that the MC/RL line does in fact run north/south and not at an angle. Using
geographic points on the map,staff has also concluded that Lot 20 is entirely within the MC
firture land use category; however, using the same logic, Lot 1,which is located northeast
of Lot 20,is entirely within the RL future land use category.
The amended boundaries of the FLUM for the subject property and surrounding area as
shown in the GIS database are as follows:
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With this FLUM boundary interpretation, there is an inconsistency between the Official
Land Use District Map and the official FLUM. The Applicant may submit a map
amendment application to modify either map to resolve the inconsistency or await a county-
initiated process that would address remedying the inconsistency(however please be aware
that the county does not have any immediate plans to do so at this time or in the near
future).
Magnolia 101 LLC,Key Largo,Letter of Understanding(File#2013-013) Page 5 of 12
2. Lot 20 (RE 00454520.000000) is designated Tier M. Lot 1 (RE 00454110.000000, Lot 4
(RE 00454220.000000)and Lot 5(RE 00454230.000000)are designated Tier I.
3. The Applicant's proposal involves expanding the operations of the waste separation facility,
which is a light industrial use,to all areas of Lot 20.
All of Lot 20 is MC on the official FLUM.A light industrial use would be consistent with
the purpose of the MC firture land use category as set forth Comprehensive Plan Policy
101.4.5, which is to provide for the establishment of commercial zoning districts where
various types of commercial retail and office may be permitted at intensities which are
consistent with the community character and the natural environment.
A portion of Lot 20 is SC on the Official Land Use District Map. Pursuant to MCC §130-
43,light industrial use is consistent with the purpose of the SC district,which is to establish
areas for commercial uses designed and intended primarily to serve the needs of the
immediate planning area in which they are located.
The remaining portion of Lot 20 is SR on the Official Land Use District Map.Pursuant to
MCC §130-44, a light industrial use is not consistent with the purpose of the SR district,
which is to establish areas of low- to medium-density residential uses characterized
principally by single-family detached dwellings.
Prior to any approval allowing light industrial use of all of Lot 20,the Official Land Use
District Map must be amended.
4. As shown on the proposed site plan, the Applicant is proposing to develop the subject
property with a 900 SF"Class I Waste Transfer Building"and several accessory structures
and outdoor storage areas associated with the light industrial use.
Pursuant to MCC §130-93, in the SC district, density-permitting, light industrial uses may
be permitted with a minor conditional use permit,provided that a)the parcel proposed for
development does not have an area of greater than two acres; b) the parcel proposed for
development is separated from any established residential use by at least a class C
bufferyard;and c)all outside storage areas are screened from adjacent use by a solid fence,
wall or hedge at least six feet in height.
Pursuant to MCC §130-94,in the SR district,light industrial uses are not permitted.
Prior to any approval allowing light industrial use of all of Lot 20,the Official Land Use
District Map must be amended.
5. If the Applicant successfully receives a map amendment to designate all of Lot 20 as SC,an
amendment to the site's minor conditional use permit will be required prior to the issuance
of any building permits related to the expansion. Minor conditional use permit applications
hhpolia 101 LLC,Key Largo,Latter of Understanding(File#2013-013) Page 6 of 12
are approved, approved with conditions or denied by the planning director following a
public meeting of the Development Review Committee.
Pursuant to MCC §110-67, when considering applications for a minor conditional use
permit, the planning director shall consider the extent to which 1) the conditional use is
consistent with the purposes, goals, objectives and standards of the Comprehensive Plan
and the MCC; 2) the conditional use is consistent with the community character of the
immediate vicinity of the parcel proposed for development; 3)the design of the proposed
development minimizes adverse effects, including visual impacts, or the proposed use on
adjacent properties; 4) the proposed use will have an adverse effect on the value of
surrounding properties; 5)the adequacy of public facilities and services, including, but not
limited to, roadways, park facilities, police and fire protection, hospital and Medicare
services, disaster preparedness program, drainage systems, refuse disposal, water and
sewers, judged according to standards from and specifically modified by the public
facilities capital improvements adopted in the annual report required by the Land
Development Code; 6) the applicant for conditional use approval has the financial and
technical capacity to complete the development as proposed and has made adequate legal
provision to guarantee the provision and development of any open space and other
improvements associated with the proposed development; 7) the development will
adversely affect a known archaeological,historical or cultural resource; 8)public access to
public beaches and other waterfront areas is preserved as a part of the proposed
development;and 9)the proposed use complies with all additional standards imposed on it
by the particular provision of the Land Development Code authorizing such use and by all
other applicable requirements of the MCC.
6. If the Applicant successfully receives a map amendment to designate all of Lot 20 as SC,in
the SC district,the following land use intensities apply:
i`
.30 FAR 43 000 SF
...
SF 7%
Lifiht ind 0 12 900 SF 900
As proposed, the building would not exceed that allowed by the land use intensity
requirements.
Note: there is not a FAR for light industrial uses in the SR district as such uses are not
permitted.
7. In the SC district, there is a required open space ratio of at least 0.20 or 20 percent. In the
SR district,there is a required open space ratio of at least 0.50 or 50 percent.
The site plan submitted in the application does not provide enough information to fully
determine if the proposed development is in compliance with the open space requirements.
Magnolia 101 LLC,Key Largo,Letter of Understanding(File#2013-013) Page 7 of 12
8. The required non-shoreline setbacks in the SC and SR districts are as follows: Front yard
25';Rear yard 10'; and Side yard 10715' (where 10' is required for one side and 15'is
the minimum combined total of both sides).
There is a front yard setback requirement of 25' along the right-of-way of Magnolia, a 5'
side yard setback requirement along the western property line,a 10'side yard setback along
the eastern property line and a 10'rear yard setback along the southern property line.
Staff could not determine if the proposed new development would be in compliance as the
site plan was not provided in scale.
9. The development would be subject to the following off-street parking requirements:
rIn-d
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2 s ce/1 000 SF 900 SF� � �, 1 space
If the site is open to the open to the public,an additional handicap-accessible space shall be
required. If there are 1 to 25 total parking spaces in a lot, at least one accessible parking
space is required. Such spaces shall be designed and marked for exclusive use of those
individuals who have a severe physical disability and have permanent or temporary
mobility problems who have been issued either a disabled parking permit or a license plate.
In addition, parking access aisles must be part of an accessible route to the building
entrance. The access aisle shall be striped diagonally to designate it as a no-parking zone.
Curb ramps must be located outside of the disabled parking spaces and access aisles.
All regular parking spaces,with the exception of parallel,must be at least 8'6"in width by
18' in length. Parallel parking spaces must be 8'6"in width by 25' in length Handicap-
accessible parking spaces must be at least 12' in width with an access aisle of 5' in width.
Further,each required parking space shall have direct and unrestricted access to an aisle of
the following minimum width:
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Parking is not shown on the proposed site plan.
10, All nonresidential uses with 0 SF to 2,499 SF of floor area are required to have a
loading/unloading space,measuring 11'by 35'.
The proposed site plan shows a 15,by 80'loading area
11. A district bufferyard is required. Along a SCISR boundary line, a class "D" district
boundary bufferyard is required. A class "D" bufferyard has a minimum width of 20' and
Magnolia 101 LLC,Key Largo,Letter of Understanding(File#2013-013) Page 8 of 12
its planting requirements are described/illustrated in MCC §114-128. Existing vegetation
may satisfy all or a portion of the bufferyard requirements.
A landscaping plan was not provided.
12. There are clearing limits for new development
For Lot 20,which is tier III,40 percent of upland native vegetation or 3,000 SF,whichever
is greater, may be cleared; however, the maximum amount of clearing shall be no more
than 7,500 SF of upland native vegetative area.
The clearing of parcels in tier III shall be limited to 7,500 SF per parcel.For parcels greater
than 30,000 SF,with the exception of parcels on Big Pine Key and No Name Key,clearing
for one driveway of reasonable configuration up to 18' in width is permitted to provide
reasonable access to the property for each parcel and shall be exempt from maximum
clearing limit of 7,500 SF. Clearing for a driveway shall be recommended by a county
biologist and approved by the planning director. The proposed driveway design shall
minimize fragmentation;avoid specimen trees;and take the shortest reasonable route.In no
case shall clearing,including the driveway,exceed 20 percent of the entire site.
There has been previous clearing that has been carried out without the benefit of a building
permit Such clearing shall require after the fact approval with appropriate mitigation.
13. Mitigation will be required for qualifying native vegetation removed for development The
number, species and sizes of plants to be mitigated shall be identified in an existing
conditions report prepared and submitted by the Applicant and approved by the County
Biologist
There has been previous clearing that has been carried out without the benefit of a building
permit. Such clearing shall require after-the-fact approval with appropriate mitigation.
14. In accordance with MCC §118-7(1),to the maximum extent practicable,development shall
be sited so as to preserve all listed threatened, endangered, commercially exploited, and
regionally important native plant species and all native trees with a diameter at breast height
(DBH)of greater than 4".
15. There is an existing access drive to the site, to/from Magnolia Street. As shown on the
proposed site plan,access would remain the same.
16. A stormwater management plan shall be required as a part of any conditional use permit or
building permit application that involves modifications to the site. This plan shall detail pre
and post development water flow and storage on site with supporting calculations. Pursuant
to MCC §114-3(e),water management areas shall be legally reserved to and maintained by
the operational entity and be dedicated on the plat, deed restriction, or easements. Any
change in the use of the property must comply with this regulation and any other
requirements of the Comprehensive Plan and the Land Development Code. Stormwater
Magnolia 101 LLC,Key Largo,Letter of Understanding(File#2013-013) Page 9 of 12
management areas shall be connected to a public road or other location from which
operation and maintenance means of access are legally and physically available to the
operational entity, in accordance with county land development regulations governing
subdivision of land.As provided in MCC§114-3 (g),it is the responsibility of the applicant
to provide a stormwater management plan for the development that contains sufficient
information for the planning director to evaluate the environmental and stormwater
discharge characteristics of the affected areas, the potential and predicted impacts of the
proposed activity on community waters, and the effectiveness and acceptability of those
measures proposed by the applicant for reducing adverse impacts. The stormwater
management plan shall contain maps, charts, graphs, tables, photographs, narrative
descriptions, calculations, explanations, and citations to supporting references, and any
additional information deemed necessary by the planning director. The stormwater
management plan must be sealed by an engineer registered in the state with experience in
stormwater management and drainage design.
Note: Building Permit #103-7017 was issued on April 11, 2011 for stormwater-related
improvement on Lot 20.
17. No structure or building shall be developed that exceeds a maximum height of 35'. Height
means the vertical distance between grade and the highest part of any structure, including
mechanical equipment, but excluding chimneys; spires and/or steeples on structures used
for institutional and/or public uses only; radio and/or television antenna, flagpoles; solar
apparatus; utility poles and/or transmission towers; and certain antenna supporting
structures with attached antenna and/or collocations as permitted in MCC Chapter 146.
However,in no event shall any of the exclusions enumerated in this section be construed to
permit any habitable or usable space to exceed the applicable height limitations.
Grade means the highest natural elevation of the ground surface,prior to construction,next
to the proposed walls of a structure, or the crown or curb of the nearest road directly
adjacent to the structure,whichever is higher.
Building elevations were not provided.
18. A traffic study was not submitted. The projected trip generation and level of service of US
1 directly affect whether or not the redevelopment may be permitted or prohibited. The
County's traffic consultant shall review the traffic impact analysis as part of a development
approval application to determine to what extent the redevelopment will affect the level of
service along US 1. According to the 2012 US 1 Arterial Travel Time and Delay Study,
Segment 23 of US 1 had an"A"level of service.
M No building permit shall be issued by the county for impact-producing development unless
the applicant has paid the applicable impact fees. Therefore, for redevelopment that
increases the amount of dwelling units and/or non-residential floor area above that existing
on the site prior to redevelopment,an impact fee(s)will be assessed.
Magnolia 101 LLC,Key Largo,Letter of Understanding(File#2013-013) Page 10 of 12
V. OTHER ISSUES CONCERNING THE PROPOSAL
1. As part of the previous approval authorized by Development Order #02-02, the County
applied a condition requiring the property owner to place a conservation easement of the SR
portion of Lot 20. The Applicant would like the County to remove this condition in order
to allow the expansion of light industrial use on Lot 20 into the area previously conditioned
for conservation. Staff would consider dissolving this condition if the Applicant placed
additional land, such Tier I-designated Lot 1 (RE 00454110.000000, Lot 4 (RE
00454220.000000) and Lot 5 (RE 00454230.000000), into a new conservation easement
and/or donated such land to the County. Such an arrangement shall only be reviewed in full
and agreed upon during the amendment to the minor conditional use permit process.
2. Any development on Key Largo shall be consistent with all goals, strategies and action
items of the Key Largo Livable CommuniKeys Plan. A copy of this plan will be provided
upon request.
3. The Applicant inquired about the possibility of a successful road abandonment of Magnolia
Street. Staff cannot make any recommendations related to a future application. The
Applicant can submit a road abandonment petition and it will be processed in accordance
with MCC§19-1:
See.19-1.Abandonment of rights-of-way.
(a) No dedicated and accepted right-of-way in the county shall be abandoned where:
(1) The right-of-way terminates on a body of open water,or
(2) The right-of-way provides access to the public to land on open water;or
(3) The abandonment would preclude a way for the public to maintain access to the water.
(b) In all other cases of abandonment, no right-of-way shall be abandoned unless there is an
agreement to do so by all affected property owners. For purposes of this subsection, an
affected property owner is the owner of property which, if the right-of-way is abandoned,
will:
(1) Have access that is currently used by that property owner eliminated;
(2) Have the only platted access eliminated;
(3) Nave the paved area adjacent to that property increased for turn-around purposes;or
(4) Be increased in size.
(c) A road may be abandoned only at the terminal portion of the road and in its full width unless
the abandonment will comply with the County Code requirements for road,turn-around,and
fire-rescue access and one of the following circumstances exists:
(1) An adjacent lot owner has on the platted right-of-way or within a setback a substantial
structure which predates the Special Session Law 59.1579 pertaining to maps,plats and
right-of-way.The term"substantial structure"specifically does not include wood or metal
fences,sheds or tiki huts or other items not listed which are accessory structures.
(2) The abandonment is requested by a county department or governmental agency for a
public purpose.
(d) The board of county commissioners considers these a restriction on the rights of individuals
who desire to abandon properties in accordance with F.S.§336.09.
4. Prior to the issuance of any building permit, if such review is required, all proposed
development shall be found in compliance by the Monroe County Building Department,the
Magnolia 101 LLC,Key Largo,Letter of Understanding(File#2013-013) Page 11 of 12
Monroe County Public Works Division and the Monroe County Office of the Fire Marshal.
Staff recommends that the Applicant coordinate with these offices prior to application
submittal. The Planning & Environmental Resources Department does not review for
compliance with the Florida Building Code.
5. The site is designated partially within AE-EL 8,AE-EL 9 and AE-EL 10 flood zones on the
Federal Emergency Management Agency (FEMA)'s flood insurance rate maps. All new
structures must be built to floodplain management standards that meet those for flood
protection.
Pursuant to MCC §110-3,you are entitled to rely upon the representations set forth in this letter
as accurate under the regulations currently in effect. This letter does not provide any vesting to
the existing regulations. If the Monroe County Code or Comprehensive Plan is amended, the
project will be required to be consistent with all regulations and policies at the time of
development approval. The Department acknowledges that all items required as a part of the
application for development approval may not have been addressed at the meeting, and
consequently reserves the right for additional comment.
You may appeal decisions made in this letter. The appeal must be filed with the County
Administrator, 1100 Simonton Street, Oato Building, Key West, FL 33040, within thirty (30)
calendar days from the date of this letter. In addition,please submit a copy of your application to
Planning Commission Coordinator, Monroe County Planning & Environmental Resources
Department,2798 Overseas Highway,Suite 410,Marathon,FL 33050.
We trust that this information is of assistance. If you have any questions regarding the contents
of this letter, or if we may finther assist you with your project, please feel free to contact our
Marathon office at(305)289-2500.
Sincerely yours,
To y Schwab,
Senior Director Planning&Environmental Resources
CC: Joseph Haberman,Planning&Development Review Manager
Michael Roberts,Senior Administrator of Environmental Resources
Mayte Santamaria,Assistant Director of Planning
Ronda Norman,Director of Code Compliance
Magnolia 101 LLC,Key Largo,Letter of Understanding(File#2013-013) Page 12 of 12
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County of Monroe 0
Growth Management Division
2998 overseas Highway Mayor Clow Neugent,Diet 2
Marathon.Florida 33050 Mayor Fto Tem Heather CmudwM Dist 3
Voice:(305)299-2810 Danny L KoRw Diet 1
FAX:(305)289-2536 David Rix,Dist 4
I& Sylvia J.Mzft Dist 5
To: MAGNOUA 101 LLC
ATLANTIC TRASH &TRANSFER LLC
MR. BRIAN UNDBACK, MGRM
195 N AIRPORT RD
TAVERNIER, FL 33070
AFFIDAVIT OF MAIL ITEM
Case Number: ��� �
Item description: ainQ 0ark'Ov-deC
1, of Monroe County Code Enforcement, declare under
penalty of perjury, that I mailed a duplicate copy of the above mentioned document via first-
class mail to the above named addressee(s).
Signature:
Printed Name
Date: �D
Sworn to and subscribed before me this 7 day of , 2013.
(Notary Public, State of Florida)
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Windsor-Kathleen
From: Windsor-Kathleen
Sent: Monday,June 1Q 201311:17 AM
To: 'Howard Nelson'
Cc Williams-Steve;Hurley-Christine;Norman-Ronda;Shillinger-Bob;Granger-Lisa;Link-
Diane,Roberts-Michael;Haberman-Joe
Subject RE:Atlantic Trash Magnolia 101
Attachments: photos 6-7-2013 magnolia 101.PDF,CE13050096 NOV NOH HEARING 7-18-2013.PDF,
SWO MAGNOLIA 101.PDF;NOTICE OF APPEARANCE -Attorney Blank Form.pdf
Hello Howard,
(Please confirm receipt of this email).
I have some developments to share with you. On Friday afternoon I made a site visit and was joined by representatives
of Public Works,Engineering and Growth Management. I have attached photos of what we observed.
I also posted a"Red-Tag",a Stop Work Order,also attached.
Additionally a Notice of Violation/Notice of Hearing was posted and mailed out Certified Mail on Friday for Mr.
Lindback's attendance at a Code Compliance hearing on July 18,2013. As a courtesy,I have attached a copy for your
review,however I do not want to assume that you will be representing Mr.Lindback at that hearing. If so,please
complete and return the attached a Notice of Appearance.
Howard,I know that if you are going to represent Mr.Lindback you will be anxious to speak to me. If so,we can make a
phone appointment for later today or tomorrow.
Thank you
Kathleen Windsor, CFM
Monroe County Sr.Code Compliance Research Analyst
2798 Overseas Highway
Marathon FL 33050
Phone:305-289-2586
Fax:305-289-2536
windsor-kathleenD-monroecounty-fl.aov
Please note:Florida has a very broad public records law. Most written communications to or from the County
egarding County business are public record,available to the public and media upon request. Your e-mail
communication may be subject to public disclosure.
From:Windsor-Kathleen
Sent: Wednesday, May 29,2013 10:18 AM
To: 'Howard Nelson'
Cc:Williams-Steve; Hurley-Christine; Norman-Ronda; Shillinger-Bob; Granger-Usa; Unk-Diane; Roberts-Michael;
Haberman-Joe
Subject: RE: Atlantic Trash Magnolia 101
Hello Howard,
Sorry for the delay in getting back to you. I took Friday off and Monday was a holiday. I was hoping to call you
yesterday but I do not have anything new to share with you or elaborate on at this time. The County has not yet
finalized its position as to the recent events and/or their effects on future developments,etc. I will be in touch
soon. But to answer your question, I would not discourage any forward movement on the corrective actions already
agreed upon for obtaining an After-the-Fact permit for the landclearing. That permit application will not be held up.
Thank you.
1
From: Howard Nelson[mailto:hnelson@bi in.coml
Sent: Friday, May 24, 2013 10:36 AM
To:Windsor-Kathleen
Subject:Atlantic Trash
I just left you a voice message. Can you give me a call? I'm available on my cell(954)294-9528
BiWn Sumberg
Howard Nelson
Bilzin Sumberg Baena Price S Axelrod LLP
1450 Brickell Avenue, 23rd Floor T�1305.350.2388
Miami, Florida 33131 Dii 4 ct Fax 305.351.2246
www bilzm.,com hnelson _bilzin.com
This message contains information which may be confidential and
privileged. Unless you are the addressee(or authorized to receive for
the addressee),you may not use,copy or disclose to anyone the message
or any information contained in this message. If you have received this
message in error,please advise the sender by reply e-mail or reply to
info@bilzin.com,and delete the message.Thank you very much.
MONROE COUNTY
Ns 2523
STOP WORK ORDER
INSPECTOR DATE 6 h-4
BY: CODE ENFORCEMENT BUILDING DEPARTMENT
CONTRACTOR'S NAME PERMIT# 09�
PROPERTY OWNER'S NAME HnL96L
,
STREET ADDRESS
- \0k tDWf)Q�.
LOT BLOCK SUBDIVISION
SPECIFIC DESCRIPTION OF WORK BEING DONE:
HAS WORK BEEN COMPLETED? Yes No Partial
µ
(ta Ca
Please bring this form to the Monroe County Building Department,along with a copy of
your Property Record Card (which may be obtained from the Property Appraiser's office)
and any other documentation pertaining to this project. Depending on the scope of the
work,the building department staff will be able to determine whether your project can
proceed with a permit AND/OR whether a demolition permit will be required. Your prompt
response to this notice is appreciated
Building Department offices are located at:
dJ er Y dle K s Lower Keys
Plantation Key Govt Center Marathon Govt Center Building Department
88800 Overseas Highway 2798 Overseas Highway Room 2030
Tavernier,FL Marathon,FL 5503 College Road
952-7100 289-2501 Key West,FL 33040
292-4490
For office use P la only: Flagced Dam Ials
Flag removed Date Initials
0 0
County of Monroe
a
Code Compliance Department V+ ru
2798 Overseas Highway
Marathon,Florida 33050
..p, .. NOTICE OF VIO
LATION/NOTICE OF HEARIN —
G
To: MAGNOLIA 101 LLC Case Number: CE13050096
ATLANTIC TRASH&TRANSFER LLC
MR.BRIAN LINDBACS,MGRM
IN N AIRPORT RD
TAVERNIER,FL 33070
Location:101 MAGNOLIA ST,SEY LARGO,FL 33037
Re Number:004545200000W
DEAR PROPERTY OWNER,
You are hereby notified that an investigation of the above property was initiated on 05 M013
and subsequently found the following violation(s):
130.74.(a)-ACCESSORY USES/AUTHORS USE
No land in the county shall be developed, used or occupied unless expressly
authorized in Monroe County Code Chapter 130.
Corrective Action Required:
CEASE AND DESIST ALL UNAUTHORIZED USE(S) UNTIL PROPER
PERMITS AND APPROVALS ARE OBTAINED FROM PLANNING AND/OR
BUILDING DEPARTMENTS. IF PROPER PERMITS OR APPROVALS CAN
NOT BE OBTAINED,RESTORE AS DIRECTED.
130-94.-SURBURBAN RESIDENTIAL DISTRICT(Count 1)
The establishment of a heavy industrial use, in the form of resource extraction,
without the benefit of a permit is prohibited. Heavy industrial uses are not permitted
in the(SR)Suburban Residential zoning districts,as well as in the corresponding MC
and RL future land use categories. [Sec. 130-93, sec, 130-94, CP policy 101.4.5, and
CP policy 101.4.2]
Corrective Action Required:
CEASE AND DESIST ACTIVITY IMMEDIATELY.
NOTE: THIS VIOLATION CAN ONLY BE RESOLVED BY ABANDONMENT
OF THE ACTIVErY AND POSSIBLY NMGATION TO REPAIR
ENVIRONMENTAL DAMAGES. CONTACT THE MONROE COUNTY SR
ADMINISTRATOR OF ENVIRONMENTAL RESOURCES
1 '
0 0
130-94.-SURBURBAN RESIDENTIAL DISTRICT(Count 2)
The activities beyond the approved area of Lot 20(such as the production and transfer
of mulch and use of public property for heavy equipment), are light and heavy
industrial uses and are not permitted in the SR zoning district, as well as in the
corresponding RL future land use category. [Sec, 130-94, CP policy 101.4.2].
Therefore these uses are unlawful land uses per MCC Sec. 110-144. The term
unlawful land use means any land use that has not received a permit or other official
approval from the Division of Growth Management and cannot be approved on a
given site pursuant to the permitted uses set forth in MCC Chapter 130,Article III of
this Land Development Code and/or policies related to permitted land uses in the
Comprehensive Plan
Corrective Action Required:
CEASE AND DESIST ALL UNLAWFUL USES/ACTIVITIES IMMEDIATELY.
CONTACT THE MONROE COUNTY PLANNING AND BUILDING
DEPARTMENT TO OBTAIN PERMITS,APPROVALS AND INSPECTIONS FOR
DEVELOPMENT ON THIS PROPERTY OR REMOVE AS DIRECTED.
21-21.(b)-ILLEGAL DISPOSAUROADS/WATER/
The depositing of special waste of any kind into or on any public road or street within
the limits of the county is prohibited and considered illegal dumping.
Per MCC Sec. 21-19, Special wastes means solid wastes that can require special
handling and management, including, but not limited to, white goods, waste tirm
used oil, lead-acid batteries, construction and demolition debris, ash residue, yard
trash, and biological wastes. Yard trash means vegetative matter resulting from
landscaping maintenance or land clearing operations and includes,but not limited to,
materials such as tree and shrub trimmings, grass clippings,mulch,palm fronds,tree
stumps,tree limbs,etc.
Corrective Action Required:
CEASE AND DESIST ALL UNLAWFUL ACTIVITIES IMMEDIATELY.
CONTACT THE MONROE COUNTY PLANNING AND BUILDING
DEPARTMENT TO OBTAIN PERMITS,APPROVALS AND INSPECTIONS FOR
DEVELOPMENT ON THIS PROPERTY OR REMOVE AS DIRECTED.
119-40-GENERAL RESOURCE EXTRACTION STANDARDS
All resource extraction activities must comply with the provision of MCC Sec. 119-41
and Sec 118-42.
Corrective Action Required:
CEASE AND DESIST ALL EXTRACTIONlMiNING ACIWITIES AND
CONTACT THE MONROE COUNTY SR ADMINISTRATOR OF
ENVIRONMENTAL RESOURCES FOR CORRECTIVE ACTIONS REQUIRED.
2
�) PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special
Magistrate in the above case on July 18, 2013 at 9 AM at the Monroe County Government
Regional Center,2798 Overseas Hwy.,Marathon,Florida
( ) You can avoid attending the hearing if all violation(s) noted above are corrected by N/A and
you have contacted your inspector. If a violation is corrected and then recurs, or if a violation is not
corrected by the time specified, the case may be presented to the Special. Magistrate even if the
violation has been corrected prim to the hearing.
'�'N) The Code Inspector has reason to believe violation(s)or the condition causing the violation(s)
presents a serious threat to the public health, safety, and welfare or is irreparable or irreversible in
nature, therefore no compliance date has been provided. This case may be presented to the Special
Magistrate even if the violation(s)have been corected prior to the heating.
( ) The Code Inspector has reason to believe repeat violation(s) have been found, therefore no
compliance date has been provided. This case may be presented to the Special Magistrate even if the
repeat violation(s)have been corrected prior to the hearing.
N the Special Magistrate finds that violation(s)have occurred,then the Special Magistrate may impose
fines,not to exceed$1,000 per day per violation for a fast violation, $5,000 per day per violation for a
repeat violation, and up to $15.000 per violation if the Special Magistrate finds the violation to be
irreparable or irreversible in nature. In addition to such fines, the Special Magistrate may impose
additional fines to cover all costs incurred by the County in enforcing its codes. If the County is forced
to correct your violation(s),the Special Magistrate may other all costs incurred to be reimbursed to the
County. THE IMPOSITION OF FINES AND/OR COSTS MAY RESULT IN A LIEN AGAINST
YOU AND YOUR PROPERTY.
You may appear in person and/or be represented by an attorney or authorized agent. If you are
represented by an attorney, your attorney is required to file a written notice of appearance with the
Liaison for the Special Magistrate,2798 Overseas Highway, Suite 330, Marathon,FL 33050; Phone:
(305)289-2509,Fax: (305)289-2858,prior to the date of the hearing:
You may request a continuance of the heating for good cause shown. N you choose to request a
continuance, a written request on the County's form must be made at least five (5) business days
before the date of the heating. N you choose to request a continuance, contact the Code Inspector
listed below at least five (5)business days before the date of the hearing. A request for continuance
DOES NOT GUARANTEE a postponement of your hearing.
N you agree that the violation(s) exist as alleged in this Notice, you may request a Stipulation
Agreement in lieu of attending the hearing. N you choose to request a Stipulation Agreement, contact
the Code Inspector listed below at least five(5)business days before the date of the hearing. A request
for a Stipulation Agreement does not guarantee a postponement of your hearing. It is important that
you contact your inspector listed below.
3
0 0
NOTE: IF YOU DECIDE TO APPEAL any decision by the Special Magistrate, you will need to
ensure that a verbatim record of the proceedings is made, which shall include the testimony and
evidence upon which the appeal is to be based.
IT IS YOUR RESPONSIBILITY TO CONTACT THE CODE INSPECTOR to confirm that you do
not need to attend the hearing(s). Please contact your ins or a the a 'ate location:
I Pff U-Mq'-
WINDS R,-)GCThMN-
Code Inspector
Lower Keys: 5503 College Road,Suite 204
Key West,FL 33040 (305)2924495
Middle Keys: 2798 Overseas Highway,Suite 330
Marathon,FL 33050 (305)289-2810
Upper Keys: 102050 Overseas Highway
Key Largo,FL 33037 (305)453-8806
CERTIFICATION OF SERVICE
I hereby certify that a copy hereof has been furnished to the above nazilcd dressee(s) by Certified
Mail,Return Receipt Request No.:70112970 0002 588447 6858 on
0,maAL'Ob)ym
Code Compliance
IF SERVICE IS NOT OBTAINED BY CERTIFY M RETURN RECEIPT MAIL, A TRUE AND
ACCURATE COPY OF THIS NOTICE WILL BE POSTED AT THE SUBJECT PROPERTY AND
THE MONROE COUNTY COURTHOUSE.
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) 2924441, between the hours of 8:30 a.m. - 5:00 p.m., no later than five (5)
calendar days prior to the scheduled meeting,if you are hearing or voice impaired,call"711".
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Windsor-Kathleen
From: Glista-John
Sent: Wednesday,June 26,2013 8:47 AM
To: Windsor-Kathleen
Cc; Wilson-Kevin; Hurley-Christine;Arguez-Luis
Subject: FW:IMG_1178 jpeg
Attachments: IMG_1178 jpeg;ATT00001.bct
Magnolia on 06/26/2013 this picture shows that this section was cleared by someone other than Monroe County
Public Works
We left jobsite on 06/25/2013 at 14;30 hrs and were to return on 06/26/2013 to finish clearing the site and when we
arrived on the morning of 06/26/2013 this is what we found.
--Original Message—
From:Glista-John
Sent:Wednesday,June 26,2013 8:37 AM
To:Glista-John
Subject: IMG_1178.jpeg
i
Windsor-Kathleen
From: Glista-John
Sent Wednesday,June 26,2013 8:50 AM
To: Windsor-Kathleen
Cc: Wilson-Kevin;Hurley-Christine;Arguez-Luis
Subject FW:IMG 1180 jpeg
Attachments: IMG_1180 jpeg;ATT00001.bct
06/26/2013 Monroe County employee Montillo Desquotte fell in hole when walking on property, Incident report will
be done and on file.
----Original Message—
From:Glista John
Sent:Wednesday,June 26,2013 8.42 AM
To:Glista-John
Subject: IMG_1180.jpeg
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