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Item C15
BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date:July 17,2013 Division:County Administrator Bulk Item: Yes X No _ Department:P%iect nagement Staff Contact Person/Phone#: David Hill X4416 AGENDA ITEM WORDING: Approval of the Higgs Beach Development Agreement in the same form as approved by the City of Key West. This item is to correct scrivener's errors in the agreement passed by the County and to conform the documents to each other as originally intended. ITEM BACKGROUND: On July 18, 2012 the Higgs Beach Development Agreement was passed by the BOCC.The County is the land owner and the City is the governmental authority which grants the Development Agreement.The Development Agreement went through several refinements with the staffs of both the City and the County working together to arrive at a Development Agreement acceptable to both. The City passed the development agreement unanimously in May 2012. The County passed the agreement in July 2012. Subsequently,it was determined that agreement as passed by the BOCC did not match exactly the agreement as passed by the City.After review it has been determined that the City version is the correct version.Therefore the Development Agreement is brought back to the BOCC to correct any scrivener's errors and exhibits. PREVIOUS RELEVANT BOCC ACTION:The BOCC approved an initial agreement to be presented to the City planning commission. Subsequent to City Planning Commission approval the agreement had to be approved by the City Commission.The following is the sequence for this procedure. -On January 19,2011,the County approved the Higgs Beach Master Plan,Option F,and directed staff to secure major development plan approval from the City. -On July 1,2011,Monroe County submitted an application for approval of a Major Development Plan which came before the City of Key West Planning Board,at a duly noticed public hearing; -On October 20,2011,the Key West Planning Board granted Major Development Plan approval pursuant to Resolution#2011-059. -On January 3,2012,the City Commission authorized the County to proceed with the creation of a Development Agreement for Higgs Beach. -The staff of the County drafted a Development Agreement based on the Higgs Beach Master Plan,Option F,as initially approved by the City.Members of the County staff and the City staff and the architect's representative met intensively in order to complete a Development Agreement which would be acceptable to both the City and County Commission; -The Development Agreement was presented to the City on May 1,2012 and was passed unanimously with praise from the city commission, -July 18,2012,Development Agreement as approved by the County,subsequently confirmed to have scrivener's errors. CONTRACT/AGREEMENT CHANGES:This is the version that should have gone before the BOCC.The version that actually was approved had scrivener's errors in the plan and in the exhibits. STAFF RECOMMENDATIONS:Approval TOTAL COST:Grant funding INDIRECT COST: BUDGETED: Yes No_X DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: -0- SOURCE OF FUNDS: REVENUE PRODUCING:County Yes y �o AMO��iT,PER MONTH— Year APPROVED BY: j� O /Purchasiutl Risk Management DOCUMENTATION:Included Not Required DISPOSITION: AGENDA ITEM# Revised 7/09 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Higgs Beach Dev Agree Contract# Effective Date: 7-17-13 Expiration Date: Contract PurposelDescription: Development Agreement with Key West to develop 11iggs,Beach This is a correction of ' en errors does not than a fundin Contract Manager. Ann Riger 4439 Pro'Management/ #1 (Name) (Ext.) (Department/Stop#) for BOCC Meeting on 7-17-13 A enda Deadline:7-2-13 CONTRACT COSTS Total Dollar Value of Contract:$ grant Current year portion:$ Budgeted?Yeso No❑ Account Codes: Grant:$ - - - County Match:$ - - - - ADDITIONAL COSTS Estimated Ongoing Costs:$ !yr For. (Not included in dollar value above) (eg.maintenance,utilities,janitorial,salaries,etc.) CONTRACT REVIEW es Date Out Date In r Re wDivision Director y Y:sNo 7 Risk Management Yes[I No = f O.M.B./Pumging Y?-Z YesEl No® County Attorney 7-2.i-/-5 Yes❑No(Z Comments: OMB Form Revised 2/27/01 MCP#z WMM Prepared by: Office of Monroe County Attorney Natileene W.Cassel,Asst.County Attorney Phone:305-2-92-3470 Email:cassel-nat monroecounty-fl.sov Mailing Address P.O.Box 1026 Key West,F1.33041-1026 Physical Address_ 1111 le Street Suite 408 Key West,FL 33040 And Barbara Mitchell,LEED AP Mitchell Planning and Design,Inc 15450 SE 103`d Place Road Ocklawaha,Florida 32179 Phone:352-298-0401 Email:mitcheliplanningdesign@gmail.com DEVELOPMENT AGREEMENT FOR HIGGS BEACH PARK This AGREEMENT is made and entered as of this_day of ,2012,by and between the CITY COMMISSION OF THE CITY OF KEY WEST, FLORIDA, ("City'), a municipal corporation of the State of Florida, and the BOARD OF COUNTY COAMUSSIONERS FOR MONROE COUNTY, FLORIDA, (`developer" or "County"), a subdivision of the State of Florida. WITNESSETH: WHEREAS, the City Commission for the City of Key West and the Monroe County Board of County Commissioners recognize the following: A. This Agreement is entered into in accordance with the Florida Local Government Development Agreement Act, 163.3220-163.3243,Florida Statutes;and B. This Agreement is entered into in accordance with Florida Interlocal Cooperation Act, 163.01,Florida Statutes; and C. The Key West Code of Ordinances Sections 90-676 to 90-677 authorizes Development Agreements and establishes the procedures and requirements to enter into a development agreement with any person having a legal or equitable interest in real property located within its jurisdiction;and Page 1 of 14 D. Monroe County is the owner and developer of the property located at Higgs Beach, which is being used as a park located within the jurisdictional boundaries of the City of Key West,Florida;and E. Higgs Beach is recognized by both the County and City Comprehensive Plans; and F. On March 10, 2010, the County authorized the development of a Master Plan for Higgs Beach comprised of two phases. The first phase,development of a Master Plan,included a planning and design process to gather community and stakeholder input, acquired a new boundary survey,conducted a ground penetrating radar survey to locate impacted archeological resources and coordinated with staff of the City of Key West; and G. The Higgs Beach Master Plan was developed with significant community input over several months; the master planning process included multiple public meetings and several smaller neighborhood meetings with park stake holders conducted by the County. The local community group, known as the Friends of Higgs Beach, and the neighbors immediately adjacent to the park were active participants in the Master Planning process. Their concerns were considered and addressed to the greatest extent practicable. H. On January 19, 2011,the County approved the Higgs Beach Master Plan,Option F,and directed county staff to secure Major Development Plan approval from the City,and 1. On July 1,2011,Monroe County submitted an application for approval of a Major Development Plan which came before the City Planning Board,at a duly noticed public hearing, on October 20, 2011,whereupon the Planning Board granted Major Development Plan approval pursuant to Resolution#2011-059;and I On December 14, 2011, the County made a written request to enter into a Development Agreement with the City;and K. On January 3,2012,the City Commission authorized the County to proceed with the creation of a Development Agreement for Higgs Beach: and L. On January 19, 2012, the County Commission agreed to submit to the City this Development Agreement;and 1VL The Key West City Commission and the Monroe County Board of County Commissioners find that entering into this Development Agreement furthers the purposes,goal, objectives,and policies of their respective Comprehensive Plans; N. The City and the County agree that realignment of Atlantic Boulevard through Higgs Beach, that also affects the intersections at White Street and Reynolds Street must be changed for safety reasons and to protect the natural, cultural and historic archeological recourses of the area. Page 2 of 14 NOW THEREFORE,in consideration of the mutual covenants entered into between the parties,and in consideration of the benefits to accrue to each,it is agreed as follows: A. RECITALS. The above recitals set forth in the preceding "Whereas" clauses are true and correct and are incorporated herein and made a part hereof. B. DEFINITIONS. For the purposes of this Agreement, the following terms shall have the following meanings. Terms not defined in this Agreement shall be as defined in the City Code, in Chapter 163, Florida Statutes, or, if not defined in the Code or Statute, shall be understood by their usual and customary meaning. 1. "Agreement" shall refer to this Development Agreement, as the same may be subsequently amended, modified or supplemented pursuant to its terms and provisions and pursuant to the provisions of Sections 163.3220-163.3243,inclusive,Florida Statutes. 2. "City"shall refer to the City of Key West. 3. "City Code" shall refer to the Code of Ordinances of the City of Key West in existence on the Effective Date of this Agreement. 4. "City Comprehensive Plan" shall refer to the City of Key West Comprehensive Plan,in existence on the Effective Date of this Agreement. 5. "County" shall refer to the Monroe County government, a political subdivision of the State of Florida. 6. "County Code" shall refer to the Code of Ordinances of Monroe County, Florida,in existence on the Effective Date of this Agreement. 7. "County Comprehensive Plan" shall refer to the County's Comprehensive Plan,in existence on the Effective Date of this Agreement. S. "Developer"shall mean Monroe County,a governmental agency. 9. "Development" shall refer to the redevelopment of the Property for the uses permitted by the Land Use Plan and Land Development Regulations, subject to the conditions,obligations,restrictions and terms contained in this Agreement. 10. "Development Plan" is referred to as the Development Plan and as the Master Plan. 11. "Effective Date"shall refer to the date this Agreement becomes effective, as set forth in Section J.of this Agreement. Page 3 of 14 12. "Florida Department of Transportation" (FDOT) refers to the agency of the State of Florida,as defined in Florida Statutes Chapter 20.23. 13. "Land Use Plan" shall mean the Future Land Use Element and Future Land Use Map of the City's Comprehensive Plan in existence on the Effective Date of this Agreement. 14. "Land Development Regulations" shall mean Subpart B Chapter 86 through Chapter 122 of the City Code in existence on the Effective Date of this Agreement. 15. "Owner" shall refer to the County,the Owner of the Property subject to this Agreement. M. "Property" shall refer to the parcel of real property located in the City that is the subject of this Agreement as set forth in Section DA.of this Agreement. 17. "Public Facilities" means those facilities identified in Section 163.3221, Florida Statutes(2010),and as set forth in this Agreement. C. PURPOSE OF AGREEMENT. The purpose of the Agreement is to: 1. Extend the timeframe for Development Plan implementation pursuant to City Code Section 90-684;and 2. Partner as necessary when seeking grants or other funding sources for the implementation of the Development Plan;and 3. Allow Administrative Modifications to the Master Plan that may exceed the scope of a minor deviation as described in City Code Section 108-91,in order to permit changes that improve the safety and public health of the park users, which may be required due to technical or engineering considerations;and 4. Insure that the approved Master Plan is exempt from future changes to the City Code or Comprehensive Plan that would require redesign of approved elements during the term of this Agreement;and 5. Exempt the County from fees for this Development Agreement during the entire term of this Agreement which shall inchide,but not be limited to,application fees, permit fees, and impact fees;and 6. Establish the responsibility of financing the completion of the roadway realignment plan, as shown on the approved Master Plan, through grant funding. The County is responsible for securing funding and the City shall provide as needed assistance. If the funding does not materialize the County staff and the City staff shall meet and make recommendations to their respective Boards to determine how to facilitate the completion of the roadway realignment plan. Page 4of14 D. TERMS OF AGREEMENT. 1. Legal Description and Owner The owner of the property is Monroe County. The legal description for the property subject to this Agreement is set forth in Exhibit"A". 2. Duration/Renewal This Development Agreement,also referred to as the Master Plan,shall remain in effect for a period of ten(10) years, commencing on the Effective Date set forth below. The parties recognize that it may be necessary to extend the Development Agreement beyond the ten (10) years permitted to complete the project-that the County may seek an extension pursuant to Code Section 90-684. 3. Existing Development The property contains the following existing development which will remain on the property: a. The historic African Memorial Cemetery; b. The historic West Martello Tower and gardens; C. The Salute Restaurant; d. Two historic band stands,aka gun turrets; e. The existing toilets; f. Four shade pavilions in the dog park; g. Beach concessions. 4. New Development Plan(Master Plan) The Development Plan, also known as the Master Plan,was approved by the City Commission pursuant to Resolution . 12-_L4g, attached hereto as Exhibit `B". Administrative Modifications to the Master Plan may exceed the scope of a minor deviation as described in City Code Section 108-91, in order to implement elements that improve the safety and public health of the park users, which may be required due to technical concerns, engineering considerations, to meet environmental goals, or to meet regulatory requirements and shall be promptly reviewed,and considered by the City Planner according to Chapter 108. In addition to the existing development,the plan includes: a. Visitor and Nature Center, b. Relocation of internal road and White Street enhancements; C. Relocation parking lots; d. Add bicycle lanes; e. Expand Beach area; £ Relocate and expand Astro City Playground; g. Add or expand sidewalks for pedestrian use; h. Add two maintenance buildings; i. Add two volleyball courts and two pickle ball courts; j. Remove two tennis courts; Page 5 of 14 k. Add PAR fitness course; 1. Expand open space; In. Relocate small dog park,revise large dog park; n. Revise outdoor lighting fixtures; o. Renovate and add landscaping; p. Revise storm water systems, q. Relocate utilities as required; r. Add sculpture garden; S. Renovate Whistling Duck Pond. 5. Population Densities.Building Intensities and Height a. The property will remain a recreational park, no residential uses are proposed b. The proposed floor area ratio is 4%,well below the 20%maximum floor area ratio allowed for recreation and open space pursuant to Section 122-1020 of the City Code. C. All proposed structures are designed to be within the twenty-five(25)foot height limitation pursuant to Section 122-1020 of the City Code. 6. Set Backs and Floor Elevations a. All proposed new buildings are designed with finished floor elevations at or above the City's floodplain management requirements. b. All the setbacks fall within or exceed the requirements of the City Code, except for the setback for the existing West Martello Tower that exceeds the Coastal Construction Control Line and will not be changed Setbacks are illustrated on the chart below which includes the required setbacks and the existing setbacks: Type Required Existing Proposed Front 'te Street 20' 25'4" 2514" Side Casa Marina Court 15' 12319" 2490" Rear olds Street) 20' 237'8" 55'4" Coastal Construction 50' 1115" 1195" 7. Phasin The Development Plan may be developed in two or more phases.The County will submit development phasing schedules to the City Planner before construction for each phase begins. If in any case all development contemplated in the phasing plan and associated with an active development phase is not completed within the timefiame established by this Agreement, construction shall continue pursuant to the Development Plan for which a building permit is issued and any appurtenant uses and structures necessary to serve the development phase. Page 6 of 14 8. Public Facilities and Utilities Serving Redevelopment a. Traffic Flow and Roads. A traffic impact report is attached hereto as Exhibit"D".According to the report the proposed enhancements to Higgs Beach will not negatively affect level of service standards and will improve traffic safety along Atlantic Boulevard and ingresslegress to the various parking areas within the park. Although coordination has begun through the City's development approval process, further coordination is required with the City's Utilities Department and with Keys Energy and the Florida Keys Aqueduct Authority at the time the road is relocated b. Solid Waste. The County is responsible for all solid waste and recycling removal from the site. Waste disposal is provided to-the Property by a vendor under contract with the County. C. Potable Water.Potable water is provided to the park by the Florida Keys Aqueduct Authority.The approved plan includes cisterns to capture rainwater and grey water reuse is planned. d. Sewer. The property is connected to a central sewer system operated by the City. e. Electric Service.Electric Service is provided by Keys Energy. E Fire Service.Fire service is provided by the City Fire Department. 9. Storm Water Runoff A conceptual Storm Water Drainage Plan has been developed to maintain the storm water on site as required by City Code,see attached plan as Exhibit"B". 10. Parldng The proposed plan maintains the same number of existing parking spaces(145)on site of the 145 spaces, 123 are standard parking spaces, 16 are compact spaces, and 6 are handicapped accessible. There are 45 bicycles and/or scooter spaces proposed Perimeter landscaping around the parking areas is proposed to shield automobile lights from adjacent uses. Proposed new lighting shall meet "Dark Sky"lighting requirements, and stormwater drainage requirements have been met for all parking areas. The proposed parking plan is in compliance with the City Code and ADA standards have been met. 11. Additional Redevelopment Terms a. Energy Conservation. Construction on the site including the development of the Nature Visitors Center is required to be consistent with Chapter 255.2575(2). Florida Statutes which requires compliance with an accepted third party environmental standard. Therefore, the Nature Center has Page 7 of 14 i been designed to reduce energy needs.Design components of the building include solar hot water, collection of grey water for reuse, green walls and green roof; cross ventilation, white reflective roof material, solar electric panels, ultra low flow plumbing fixtures, and low Volatile Organic Compound (VOC) interior materials. Lighting shall be designed to"Dark Sky"lighting standards and shall meet energy efficiency standards established by an accepted third party environmental standard consistent with F.S Chapter 255.2575(2). The proposed landscape plan incorporates native plant material, clustering of plant material for water conservation,use of salt tolerant grasses,and installation of canopy trees for surface heat reduction. b. Landscaping. The Landscape Plan was approved as part of the Development Plan approval through Resolution 12-wand was approved by the Tree Commission on October 19,2011.The Landscape Plan is attached hereto as a portion of Exhibit `B". As part of the approval a Landscape Waiver Letter was issued by the Planning Department on October 11, 2011, pursuant to City Code Section 108-226 that specifically waives requirements to provisions 108- 413(b), 108-415(a)and 108-481(a). C. Schools and Affordable Housing. School population is not affected,nor does the park create a need for housing. d. Access to Historic Sites. The Master Plan provides improved access to the West Martello Tower,and the African Memorial and Grave yard by relocating Atlantic Boulevard away from the tower and grave sites and adding a multi- purpose gathering area. The additional graves discovered during ground penetrating radar studies are protected through the design that was approved for open space and passive recreational uses only. If additional gravesites are discovered when the present roadbed is moved, the gravesites will be protected and incorporated into the Memorial. 12. Agreement Between City and County Regarding Grant Funding The City and the County agree to partner when seeking grants or other funding sources for the implementation of the Development Plan. The County is responsible for securing fimding and the City shall provide as needed assistance. If the funding does not materialize the County staff and the City staff shall meet and make recommendations to their respective Boards to determine how to facilitate the completion of the roadway realignment plan.Nothing herein shall be construed to impart financial responsibility to the City to complete the Master Plan. 13. A„yyroval of Minor Modifications Page 8 of 14 The City Planning Director shall have the responsibility to review and approve any phasing schedule and may approve Administrative Modifications to the Master Plan that exceed the scope of a Minor Deviation pursuant to Code Section 108-91,in order to allow changes that improve the safety and public health of the park users, that may be required due to technical concerns, engineering considerations, to meet environmental goals, or to meet regulatory requirements and shall be promptly reviewed, and considered by the City Planner according to Chapter 108. 14. Fees Related to Development Agreement The City agrees that during the entire term of the Agreement fees associated with this Development Agreement shall be waived due to the benefit received by the City and its residents as a result of the development of the Higgs Beach property and shall include, but not be limited to, application fees,permit fees, and impact fees. 15. Required Permits and Anvrovals The following is a list of all development permits and approvals needed to be approved for the development of the property as specified and requested in this Agreement: a. Development Agreement;and b. Major Development Plan;and C. Building and related construction permits, including but not limited to paving,drainage, accessory structures,land clearing,and landscaping;and d. Federal, State,regional and local permits for storm water runoff driveway connections, utility connections, and environmental (or endangered species) takings,when necessary and if required. e. FAA for relocation of the tower; f. Phasing Schedule for the implementation of the Development Plan approved by the City Planner. 16. Dedication of Property for Public Purpose The dedicated purpose for use of the Property shall be as a public park,it is in the best interest of the City for the property to remain as a public pk.ar 17. Finding of Consistency By entering into this Agreement the City finds that the Development Plan Resolution 12- 148 proposed for the Property as provided in this Agreement is consistent with City,s Comprehensive Plan, Land Development Regulations as presently written. Page 9of14 18. Compliance with Permits Terms Conditions and Restrictions Not Identified Failure of the Development Agreement to address a particular permit, condition, term or restriction shall not relieve the developer of the necessity of complying with the law governing the permitting requirements, conditions, terms or restrictions. E. LOCAL LAWS AND POLICIES GOVERNING AGREEMENT. This Agreement shall govern the development of the Property for the duration of the Agreement. During the term of the Agreement the City and County agree to abide by the respective Comprehensive Plans and Land Development Regulations in effect on the effective date of the Agreement. City and County laws and policies adopted after the Effective Date may be applied to the property only if the determinations required by Section 163.3233, Florida Statutes, have been made after written notice to County, the developer, and at a public hearing. This Development Agreement was drafted and delivered in the State of Florida and shall be construed by and enforced under the laws of the State of Florida. F. BREECH OF AGREEMENT AND CURE PROVISIONS. If development requirements are not satisfied, action in reliance on the development agreement or expenditures in pursuance of its terms shall not vest any development rights to the applicant/property owner.Failure to perform as specified in the development agreement shall not constitute partial performance and shall not entitle the applicant or property owner to a continuation of the development agreement. G. AMENDMENT BY MUTUAL CONSENT. The Development Agreement may be amended by mutual consent which shall require a written document approved by the City Commission and the Board of County Commissioners,and shall require two(2)public hearings by the City- H. MODIFICATION OR INVOLUNTARY REVOCATION OF DEVELOPMENT AGREEMENT TO COMPLY WITH SUBSEQUENT STATE AND FEDERAL LAW. In the event that any state or federal law is enacted after the execution of this Agreement that is applicable to and precludes the parties from complying with the terms of this Agreement, then this Agreement shall be modified or revoked as is necessary to comply with the relevant state or federal law. Prior to modifying or revoking this Agreement under this provision,the City shall hold two public hearings. I. RECORDING. Page 10 of 14 Within 14 days of approval by the City the Agreement shall be recorded with the Clerk of the Circuit Court in the Public Records of Monroe County,at the expense of the County. J. EFFECTIVE DATE AND DATE OF AGREEMENT. This Agreement shall be effective when the Department of Economic Opportunity(DEO)waives their right to appeal or after the 45 day DOE appeal period, whichever comes first, as required pursuant to Section 380.05 Florida Statute. The date of this Development Agreement is the date the last party signs this Development Agreement. K. ANNUAL REVIEW. The City shall review the Development Agreement annually pursuant to Section 163.3235, Florida Statutes, and Section 90-688 of the City Code to determine if there has been demonstrated good faith compliance with the terms of the Development Agreement. L. TERM NATION OF THE AGREEMENT BY THE PARTIES. The Agreement may be terminated at any time by mutual consent or if the City finds,subsequent to an annual review, thaf there has been a failure to comply with the terms of the Development Agreement, the Agreement may be revoked or modified by the City. Such revocation shall be determined by the City Commission at a noticed public hearing and based on substantial competent evidence. M. ASSIGNMENT OF AGREEMENT. This Agreement, or portions thereof, shall not be assigned by County, without the express written approval of City,which consent may be withheld in the sole discretion of the City. N. ENFORCEMENT. Any party aggrieved or adversely affected person as defined in Section 163.3215(2)may file an action for injunctive relief in the circuit court in Key West, Florida to enforce the terms of this Agreement or to challenge compliance of the agreement with Sections 163.3220 — 163.3243, Florida Statutes. O. SUCCESSORS. This Agreement shall be binding upon all the parties and their successors in interest, heirs, assigns and personal representatives. P. NOTICES. The parties designate the following persons as representatives to be contacted and to receive all notices regarding this Agreement: Page 11 of 14 For the City of Key West: City Planning Director Post Office Box 1409 Key West,FL 33040 Telephone:305-809-3728 With a copy to: City Manager Post Office Box 1409 Key West,FL 33040 Telephone: 305-809-3888 City Attorney Post Office Box 1409 Key West,FL 33040 Telephone:305-809-3770 For the County: County Administrator 1100 Simonton Street Room 2 205 Key West,FL 33040 Telephone: With a copy to: County Attorney PO Box 1026 Key West,FL 33040 Telephone: Project Management 1100 Simonton Street Room 2 216 Key West,FL 33040 Telephone: All parties are responsible to notify the other in writing of a change of address for proper notice. R. CONFLICTS. In the event of a conflict between the provisions of this Development Agreement and City ordinances,the terms of this Development Agreement shall control. S. SEVERABILITY. Page 12 of 14 In the event any provision,paragraph or section of this Development Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction, such determination shall not affect the enforceability or the validity of the remaining provisions of this Development Agreement. T. SINGULAR AND PLURAL. When the context requires,the singular includes the plural,and the plural includes the singular. U. DUPLICATE ORIGINALS:COUNTERPARTS. This Development Agreement maybe executed in any number of originals and in counterparts. V. HEADINGS. The headings contained in this Development Agreement are for identification purposes only and shall not be construed to amend,modify,or alter the terms of the Development Agreement. W. ENTIRETY OF AGREEMENT:INCORPORATION OF PRIOR DEVELOPMENT APPROVALS. This Development Agreement incorporates or supersedes all prior negotiations, correspondence, conversations, agreements or understandings regarding the matters herein.The parties agree that there are no commitments, agreements, or understandings concerning the subjects covered by this Development Agreement that are not contained in or incorporated by reference. This Development Agreement contains the entire and exclusive understanding among the parties and may not be modified in any manner except by instrument in writing signed by the parties. IN WITNESS WHEREOF,the parties hereto, by their duly authorized representatives have set their hands and seals on the dates written below. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: Clerk OF MONROE COUNTY,FLORIDA By: By: Deputy Clerk Mayor/Chairman Date: Date: MONROE COUNTY ATTORN Y ANATIE�EEHECNE OVE�AS O W:CASSEL ASSISTANT COUNTY ATTORNEY Date Page 13 of 14 9 6OF py�� MY OF KEY WEST By: lark C ryl Smith Mayor C a g C tes Date: 5 —kQ ( �> Date:/ `;,s-of o / 3 Approved as to Form 1 Sufficiency. ;tom ey Shawn-Smith Page 14 of 14 RESOLUTION NO. 12-149 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF KEY WEST, FLORIDA, AUTHORIZING THE ATTACHED DEVELOPMENT AGREEMENT PER CHAPTER 90 ARTICLE IX OF THE LAND DEVELOPMENT REGULATIONS WITH THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS; PROVIDING FOR AN EFFECTIVE DATE NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF KEY WEST, FLORIDA, AS FOLLOWS: Section 1: That the attached development agreement between the City and Monroe County Board of County Commissioners, as property owners is hereby approved. Section 2 : That this Resolution shall go into effect immediately upon its passage and adoption and authentication by the signature of the presiding officer and the Clerk of the Commission. Passed and adopted by the City Commission at a meeting held this 1st day of May 2012 . Authenticated by the presiding officer and Clerk of the Commission on May 2 2012 . Filed with the Clerk May 2 2012. 1444 Az CRA G , MAYOR ATT T STATE OF FLORIDA �rNk�F TY OF MONROE KEY WEST CHERYL SMITH CITY CLERK a true copy of the o ile In this office. hand and official sea! yof 013 �P FL®' City Clerk By .46LaLlIj. Exhibit A Legal Description and Ownership Higgs Beach Legal Description: A certain tract of land lying and being in Monroe County,Florida,on the island of Key West.being all the lands within the following metes and bounds except the described Enclave. From the Point of Start(P.O.S.),said point being of the intersection of the Westerly line of White Street and the Southerly line of Casa Marina Court and being marked by a 1/4 inch copper bolt set in the top of a concrete monument,proceed S 10 degrees 30'W.221.1 feet to a point,said point being the Point of Beginning(P.O.B.), thence S 79 degrees 30'E, 135.0 feet to a point;thence S 10 degrees 30'W,270.0 feet to a point; thence N 79 degrees 30'W,270.0 feet to a point;thence N 10 degrees 30'E, 270.0 feet to a point;thence S 79 degrees 30' E, 135.0 feet to the Point of Beginning.Excepted from the lands thus bounded as an Enclave being described as follows:Starting from the above described Point of Beginning; proceed S 10 degrees 30'W,40.0 feet to a point. said Point being the Point of Beginning to the Enclave; thence S 79 degrees 30'E,39.35 feet to a point;thence S 34 degrees 30'E,78.70 feet to a point; thence S 10 degrees 30'W,78.70 feet to a point;thence N 34 degrees 30'W,78.70 feet to a point;thence S 79 degrees 30'E 39.35 feet to the Point of Beginning of the Enclave. The net area of the lands herein described(Parcel within outer bounds less enclave)being 0.91 acres more or less. A certain tract or parcel of land lying and being in Monroe County,Florida,on the island of Key West, being all the lands within the following metes and bounds except an enclave described as follows: From a Point of Beginning(P.O.B.)said point being in the westerly line of White Street approximately 400 feet southerly from the County Road and being marked by a'K inch copper bolt set in the top of a concrete monument set at the Northeast comer of the boundary fences,proceed S 34 degrees 23'East, 500 feet to a point in the Westerly line of White Street;thence S 55 degrees 30'W,339.8 feet to a point; thence S 76 degrees 30'W. 103.3 feet to a point;thence N 79 degrees 30'W,89.9 feet;thence N 34 degrees 30'W.399.2 feet to a point in the Southerly boundary of Casa Marina Court;thence N 55 degrees 37'E,500 feet to the Point of Beginning.Excepted from the lands thus bounded is an enclave being more particularly described as follows: Starting from the above described P.O.B.,proceed S 10 degrees 30'W.221.1 feet to a point.said point being the point of the Enclave;thence S 79 degrees 30'E, 135.0 feet to a point;thence S 10 degrees 30'W.270.Feet to a point;thence N 79 degrees 30'W,270.0 feet to a point;thence S 79 degrees 30'E,135.0 feet to the Point of Beginning of the enclave. The net area of the lands herein described(Parcel within the outer bounds less enclave)being 4 acres more or less. There is a reserved from this grant an easement 15 feet wide from the public road to the Enclave as it existed on March 15, 1973,and a 10 foot wide easement for buried electrical cable running northeasterly approximately 50 feet from the northeast corner of the Enclave to the boundary of White Street.The access road may be relocated to the expense of the Grantee with the consent of the Grantor. There are excepted from this conveyance and reserved to the Grantor,and its assigns,all oil,gas and other minerals in,under and upon the lands herein conveyed,together with the rights to enter upon the land for the purpose of mining and removing same. This conveyance is made subject to any and all existing rights of way,easements,and conveyance and agreements affecting the above described premises whether or not the same now appear of record E HIBIT A RESOLUTION No. 12-148 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF KEY WEST, FLORIDA, GRANTING A MAJOR DEVELOPMENT PLAN FOR PROPERTY LOCATED AT 1000 ATLANTIC BOULEVARD - HIGGS BEACH PARK IN THE PS (PUBLIC AND SEMIPUBLIC SERVICE) ZONING DISTRICT (RE# 00058800-000000, 00058790-000100, 00058790-000000) , KEY WEST FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 108-91 of the Code of Ordinances provides that within the PS zoning district the addition of outdoor activity or similar activities shall require approval of a Major Development Plan; and WHEREAS, the applicant proposed a Master Plan with associated Landscape Plan to redevelop the Higgs Beach Park area; and WHEREAS, this matter came before the Planning Board at a duly noticed public hearing on October 20, 2011, resulting in Planning Board Resolution No. 2011-049; and WHEREAS, pursuant to Section 108-198, the City Commission shall review and act upon Major Development Plan proposals; and WHEREAS, the granting of the Major Development Plan will be in harmony with the general purpose and intent of the Land Development Regulations, and will not be injurious to the neighborhood, or .otherwise detrimental to the public welfare; and EI81T Page 1 of 4 NOW THEREFORE BE IT RESOLVED by the City Commission of the City of Key West, Florida: Section 1. That the above recitals are incorporated by reference as if fully set forth herein. Section 2 . That the City Commission grants approval of a Master Plan for the redevelopment of Higgs Beach Park in the PS zoning district at 1000 Atlantic Boulevard (RE$# 00058800-000000, 00058790-000100 , 00058790-000000) , as shown in the attached plans dated August 30, 2011, with the ni�(9) conditions provided in Planning Board Resolution No. 20�-049 and specified as follows: (1) City Commission approval of the Intergovernmental Agreement Agreement. (2) Staff approval of a composting facility is required by the City' s Planning and Engineering Departments. Operations maintenance of the composting center shall be provided by the County and will remain in its adjacent location as proposed on the site plans. (3) The recycling center shall be screened from view by a fence and vegetation approved by the City' s Urban Forester. (4) The applicant is responsible for designing and submitting a Signage Plan that is compatible with Section 108-285 of the Code to the Planning Department for approval before implementation. (5) Construction on the site, including the development of Nature Visitors Center, is Page 2 of 4 required to be consistent with Chapter 255.2575 (2) , Florida Statutes which requires compliance with an accepted third party environmental standard (see Attachment for the full language of the relevant section of the statute) . (6) Lighting shall be designed to "Dark Sky" lighting standards and shall meet energy efficiency standards established by an accepted third party environmental standard consistent with F.S Chapter 255 .2575 (2) . (7) Tree Commission approval is required for each phase of the removal/relocation and replacement of the Landscape Plan. (8) The wetland areas of the Whistling Duck Pond and the F.A.A Tower are required to be noted on the Landscape Plan. An upland/wetland jurisdictional line needs to be set for the area and work within the area requires environmental permitting and possible mitigation. (9) Revise design of scooter and bicycle . parking areas to separate uses and add additional bollards or bicycle friendly parking areas throughout the park. Section 3 . This Major Development Plan does not constitute a finding as to ownership or right to possession of the property, and assumes, without finding, the correctness of applicant' s assertion of legal authority respecting the property. Section 4 . This Resolution shall go into effect immediately upon its passage and adoption and authentication by the signatures of the presiding officer and the Clerk of the Commission. Page 3 of 4 Section 5. This Resolution is subject to appeal periods as provided by the City of Key West Code of Ordinances (including the Land Development Regulations) . After the City appeal period has expired, this permit will be rendered to the Florida Department of Community Affairs. Pursuant to Chapter 9J-1, F.A.C. , this permit is not effective for forty five (45) days after it has been properly rendered to the DCA with all exhibits and applications attached to or incorporated by reference in this approval, or until the date DCA issues a written waiver of appeal, whichever is sooner; that within the forty five (45) day review period the DCA can appeal the permit to the Florida Land and Water Adjudicatory Commission; and that such an appeal stays the effectiveness of the permit until the appeal is resolved by agreement or order. Passed and adopted by the City Commission at a meeting held this 1st day of May 2012 . Authenticated by the presiding officer and Clerk of the Commission on May 2 , 2012. Filed with the Clerk May 2 2012 . 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MIi913.WY 9NI103NI'ON3 73V3d 3aH[id3NJIM r N ,•= n.;,r :m°m 'aorta 1A19eSWIM�vq _ 7 '•l to 3Nn fit J j- - ]Nt'1N3M+Ol7A3Q; 8 NVld 3EJVNIYda WrUcOONOO analvaa ` 9NR133N19N3 Z3213d 3+�71a�r s .�� � mo„�� I 010[C l�lS3MA3M c:) c magi.�dM = y , j0� 6 �oo } of I I,Fill I I V (D4 �r ❑ �. _ 4. 'D• • 1' I j -. Fay . E � •� ��� an � � � .' ,-y I �� a �.� - 5•� 1 9-D / { i ! i ILI ;' i w,wuvlmge ZNJ•1N3NdO•I1A30; ��n'•� 3NVld3flMNNtl(I IV(UcSONpO �Ii71;AIW 9NIL33NMN3 Z382hj --303— t d OIOfS'H 1S3M A3)1 U oo.v .vaw. � 1 L„ > too��la fill ► o 13oIm` AI / •: lk . 1 :3 y i • � 1 ❑ ❑ • v y X I le RESOLUTION NUMBER 2011-049 A RESOLUTION OF THE KEY WEST PLANNING BOARD GRANTING MAJOR DEVELOPMENT PLAN APPROVAL PER SECTIONS 108-91 AND 108-96 THROUGH 108- 957 FOR PROPERTY LOCATED AT HIGGS BEACH PARS(RE#00058800-000000,00058790- 000100, 00058790-000000), KEY WEST FLORIDA;PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the subject property is located in the Public Service and Semipublic service (PS)zoning district; and WHEREAS,Section 108-91 of the Code of Ordinances provides that outside the Historic District a Major Development Plan is required for the addition of outdoor activity or similar activities equal or greater than 5,000 square feet; and WHERAS,the applicant proposed a Master Plan with associated Landscape Plan and Civil Drainage Plan to redevelop the Higgs Beach Park;and WHEREAS, Section 108-196(a) requires the Planning Board to review and approve, approve with conditions,or deny the proposed.Major Development Plan; and Page 1 of 5. Resolution Number 2011-049 �A-Chairman r�Planning Director WHEREAS,this matter came before the Planning Board at a duly noticed public hearing on October 20,2011;and WHEREAS,the granting of a Major Development Plan application is consistent with the criteria of the Code of Ordinances;and WHEREAS, the granting of a Major Development application is in hwmony with the general purpose and intent of the Land Development Regulations,and will not be injurious to the neighborhood,or otherwise detrimental to the public welfare; and NOW,THEREFORE,BE IT RESOLVED by the Planning Board of the City of Key West, Florida: Section 1. That the above recitals are incorporated by reference as if fully set forth herein. Section 2. That a Master Plan for redevelopment of Diggs Beach Park located in the PS zoning district per Section 108-91 of the Land Development Regulations ofthe Code of Ordinances of the City of Key West,Florida(RE# 00058800-000000,00058790-)00100,00058790-000000),as shown in the attached plans dated August 30,2011 with the following conditions of approval: General Conditions: 1. City Commission approval of the Intergovernmental Agreement Page 2 of 5 Resolution Number 2011-049 Chairman Glaming meaor 2. Staff approval of a composting facility is required by the City's Planning and Engineering Departments. Ope&ations maintenance of the composting center shall be provided by the County and will remain in its adjacent location as proposed on the site plans. 3. The recycling center shall be screened from view by a fence and vegetation approved by the City's Urban Forester. 4. The applicant is responsible for designing and submitting a Signage Plan that is compatible with Section 108-285 of the Code to the Planning Department for approval before implementation. 5. Construction on the site including the development of Nature Visitors.Center.is requiredto be consistent with Chapter 255.2575(2).Florida Statutes which requires compliance with an accepted third party environmental.standard (see Attachment for the full language of the relevant section of the statute). 6. Lighting shall be designed to"Dark Sky"lighting standards and shall,meet energy efficiency standards established by an accepted third party environmental standard consistent with F.S Chapter 255.2575(2). 7. Tree Commission approval is required for each phase of the removalhelocation and replacement of the Landscape Plan. 8. The wetland areas of the Whistling Duck Pond and the F.A.A Tower are required to be noted on the Landscape Plan.An upland/wetland jurisdictional line needs to be set for the area and work within the area requires environmental permitting and possible mitigation. Page 3 of 5 Resolution Number 2011-049 Z� chairman Planning Director 9. Revise design of scooter and bicycle parking areas to separate uses and add additional bollards or bicycle friendly parking areas throughout the park. Section I Full, complete, and final application for all permits required for which this resolution is wholly or partly necessary,shall be submitted in its entirety within 12 months after the date hereof. Section 4. This Major Development Plan application approval by the Planning Board does not constitute a finding as to ownership or right to possession of the property,and assumes,without finding,the correctness of the applicant's assertion of legal authority respecting the property_ Section 5. This resolution shall go into effect immediately upon its passage and adoption and authentication by the signatures of the presiding officer and the Clerk of the Commission Section 6. This resolution is subject to appeal periods as provided by the City of Key West Code of Ordinances(including the Land Development Regulations).After the City appeal period has expired,this permit or development order will be rendered to the Florida Department of Community Affairs. Pursuant to Chapter 9J-1,F.A.C.,this permit or development order is not effective for forty five (45) days after it has been properly rendered to the DCA with all exhibits and applications attached to or incorporated by reference in this approval;that within the forty five(45)day review Paige 4 of 5 Resolution Number 2011-049 `` (`4+aiYman 5D 5� iai7ning Director period the DCA can appeal the permit or development order to the Florida Land and Water Adjudicatory Commission; and that such an appeal stays the effectiveness of the permit until the appeal is resolved by agreement or order. Read and passed on first reading at A.regularly scheduled meeting held this 20th day of October,2011. Authenticated by the Chairman of the Planning Board and the Planning Director. 245 M4644OXenick,Chairman Date Key West Planning Board Attest: Donald Leland Craig,ATCP Date Pl g Director Filed with the Clerk: owl 44f Cheryl Smith,C4 Clerk Date Page 5 of 5 Resolution Number 2011-049 Chairman 99''Ptanming Director Site Plans a ul URI e illl hl W lill lid A91 g Old 1pz via a as M od v o W En Y w old v F�ra E-i tow W-ui x W 1 � _ �# A� ui QONE s Chi 1-4 N 101 e G W A A \ t } V �\ e • py�\ J✓ 1 1 e O ® 1 1 • d 6® K' I 1 �, 1 Y 1 0•� �t` ��� W I on .•9 ,�', A i. I I a s cn 4 a C7 I to O _ I® [— m 1 WA d w � 1 I U 1t \ I® le ; ! p ! 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Wi l ' 1 WW U 0 � �.. f W W L• 1 10 z O Z cn AG • I I r b t _ __— —_ —_ ____ g •, a � W LJ W 5 � �'' 1 �1301 + ` uJ CU CIO O ! 1!6 E33A � U � � stt Ilia Olt Big ye93" •9 -�� e 3 �a919 ° �! s 5 # i t a a } � '����� as ■ k . ►I� � 4 � Krui �! come mm I Y i ' i i 1 c ` t a' �°xt'uuwaoiaNav aai'i`az s 8NVld3SVNlVWWnL.M0N0O 9NIH33NION3 23H3d a° 0 awrc7i:IS3M,t�l I�4 c � Jf . e I Illll U F a j q 15 CPA.a) a • + " s� f Nrna eEVNrcHa-vrud3ON00 ONI'ananwvnaap arwtcxx�wa a iell� ,r 'JNIM33NION3 Z3a3d T��31iv , olOC1;b JS3MA-:V �io��un�mooem c V hil 1,11 i � o i J' d � � �i3►i i,#i`� ( i t � � o 1I I I I iLniLr HIM yt r� 10 Qlk a / Exhibit D Concurrency Reports Traf Tech ENGINEERING,INC. Mr.William P.Horn June 9,2011 William P.Horn Architects 915 Eaton Street Key west,Florida 33040 Re: Higgs Beach—Traffic Impact Statement Dear Bill: Traf Tech Engineering,Inc. has completed the following three tasks associated with the proposed enhancements to Clarence Higgs Beach located in the City of Key West in Monroe County,Florida. o Trip Generation o Existing Level of Service on Atlantic Boulevard o Traffic Safety Clarence Higgs Beach is a recreational beach located on the Atlantic Ocean along Atlantic Boulevard between Reynolds Street and White Street on the south area of the City of Key West. Figure 1 on the following page depicts the location of the subject recreational beach. The total area designated to Higgs Beach is approximately 15 acres. The beach is bifurcated by Atlantic Boulevard. The sandy beach areas are located on the south side of the roadway as well as a restaurant, a pedestrian walkway, beach tables, parking areas,and other beach amenities. On the north side of Atlantic Boulevard,six asphalt tennis courts, two small parking lots, a playground, a dog park, and an FAA antenna site are found. Volleyball courts are provided on the north and south sides of Atlantic Boulevard. Attachment A contains a site plan depicting the existing conditions on Higgs Beach. Trip Generation The trip generation for the existing conditions at Higgs Beach was based on information contained in the Institute of Transportation Engineer's (ITE)Trip Generation manual(ath Edition). According to the subject rM manual,the most appropriate"land use"category for the subject beach is 1TE's Land Use 415 — Beach Park. Table 1 documents the existing trip generation for Higgs Beach. TABLE I Trip Generation Summary Clwu=ce Beach—Key West,Florida Vehide Trim r Da Land Use Size Week SaturdaySunday Beach Park 15 acres 450 1,100 1030 SOURCE. ME Trip Generation Manua!(e Edition) 8400 North University Drive,Suite 309,Tamarac,Florida 33329. Tek(954)562-0988 Fax:(954)582-0989 E-mail:joaquirA tnMeeh.bh EXHIBIT tYL� .1 y r '04 - � : a j '& f �s f• � may` ��- Jj P - As indicated in Table 1, it is estimated that Higgs Beach is currently generating approximately 450 daily trips on regular weekdays,approximately 1,000 trips per day on Saturdays,and approximately 1,030 daily trips on Sundays. Since the proposed enhancements to Higgs Beach (refer to Attachment A) consist of improvements to the parking areas,additional pedestrian walkways,open green space,a visitors center, and improved beach amenities, the proposed enhancements to Higgs Beach are not anticipated to increase traffic flow along Atlantic Boulevard or nearby local streets. The trip generation equations for the existing Higgs Beach,given by ITE,are: BEACH PARK(Land Use 415) Weekday Daily Trips T=29.81 (X) Where T=average weekday vehicle trip ends(vehicle trips per day) X=size in acres Saturday Daily Trips T=66.47(X) Where T=average Saturday vehicle trip ends(vehicle trips per day) X=size in acres Sunday Daily Trips T=68.52(X) Where T=average Sunday vehicle trip ends(vehicle trips per day) X=size in acres Existing Level of Service on Atlantic Boulevard According to MOT records,Atlantic Boulevard near Higgs Beach caries approximately 5AM vehicles per day(refer to Attachment B). Based on FDOT's Generalized Annual Average Daily capacity tables,Atlantic Boulevard has a level of service"D"capacity of approximately 10,700 vehicles per day. Therefore, Atlantic Boulevard is currently operating at approximately 50%of its vehicular carrying capacity,which is considered to be excellent. Therefore, the proposed enhancements to Higgs Beach are not anticipated to degrade the operating conditions of Atlantic Boulevard or nearby local streets. Traffic Safety As shown in the existing conditions site plan (refer to Attachment A),all parking areas (north and south sides of the roadway) can be accessed from any point along Atlantic Boulevard,which is undesirable from a safety standpoint. Moreover,the driveway that provides access to the small parking lot located west of the tennis courts has restricted '20M MOT Qual iLevel of Service Han&ook 3 sight visibility (a vehicle exiting from the subject parking Iot cannot see traffic heading south on Reynolds Avenue). This condition is undesirable from a safety standpoint. The proposed enhancements to Higgs Beach eliminate the existing safety concerns described above. All parking areas are well defined and are accessed via well-spaced driveways. Driveways located north and south of the roadways either align with each other or are well spaced in order to eliminate undesired conflicts. In short,the proposed beach enhancements provide significant safety improvements to traffic traveling along Atlantic Boulevard or accessing the various parking areas located north or south of the roadway. In summary,the proposed enhancements to Higgs Beach are not anticipated to increase traffic-flow along Atlantic Boulevard, are not anticipated to degrade the operating .conditions of Atlantic Boulevard or nearby local streets, and will significantly improve safety to traffic traveling along Atlantic Boulevard or accessing the various parking areas located north or south of the roadway_ Please give me a call if you have any questions relative to the information provided herein. Sin y, Tit LF TECH ENO N G,INC. 7 J E_Vargas,PB. 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'S`. y ,an a :� � .��{ - J.t .ta�Y e r. • r v F 4v1S�'.w 4 ' � � � r '� r, a gr �,,` "" �: r^' �:+'ti•i �. r"- t "'3 ,,,F £s t j ��� a'-Cam:.,,.. a .'t he F < ,ri r � _ Y„ 3.;, .-•v,t� "rtiv:a 7 F.i:- � a- c i - ''� '" � �{�n �-��'���,•`,: ;• 1 � ,3r S ':f°'.sr -Kst r�Me t* �`°r #*_ a t � ''r �i T> �{ 7"I< �� 't ar P rd�:. -- y `1 '4y t�Z+P�t ry 4 { '--t'+ `��c � � � -fir" � "d •;. _-� -c�-4�� '.z' 4 � s7 � - a '•r a y� r Synopsis Reports 900004-20090120.syn Pages 1 Countys 90 Station. 0004 Descriptions ATLANTIC BLVD, 200' H FHITB ST Start Dates 01/20/2609 Start Times 0000 ----------------------- — H- »----- �--------- -- Direction Directions W ------Combined Time lot 2nd 3rd 4th Total let 2nd 3rd 4th Total Total -----------------------—-------—------------—----------------- -- 0000 9 5 5 5 24 2 2 1 3 8 32 0100 3 3 2 1 9 i 2 0 2 1 5 14 0200 5 2 4 2 13 0 1 0 2 3 16 0300 3 2 1 3 9 .2 1 0 1 4 ( 13 0400 1 2 5 6 14 I 2 1 2 2 7 21, 0500 2 6 6 4 18 ( 2 3 3 6 14 32 0600 3 9 14 17 43 5 B 19 28 60 203 0700 17 20 24 15 76 35 36 35 58 164 240 0800 26 33 28 35 122 67 79 68 65 279 401 0900 32 28 47 44 151 36 39 33 52 260 311 1000 39 39 67 61 206 45 44 36 45 170 376 1100 49 57 38 50 194 32 58 47 34 171 365 1200 35 44 44 61 184 56 45 55 47 190 382 1300 54 56 54 57 221 53 40 53 52 198 419 1400 47 44 61 70 222 48 59 49 39 195 417 1500 66 52 53 66 237 47 33 52 53 1B5 422 1600 68 72 62 67 269 42 45 41 56 184 453 1700 86 76 55 49 266 45 38 37 44 264 430 1800 38 35 36 32 141 36 45 22 38 241 292 1900 le 36 22 18 94 19 18 12 16 65 159 2000 23 25 23 20 91 18 19 13 12 62 153 2100 14 28 23 21 86 13 12 5 4 34 120 2200 23 12 14 9 58 6 5 2 2 15 73 2300 14 14 3 4 35 8 4 6 2 20 55 24-Hour Totalas 2783 2506 5289 Peak Volume Information Directions B Directions B Combined Directions Hoar volume Hour volume Hour volume A.B. 0915 158 0800 279 0800 401 P.B. 1630 291 2330 212 1615 474 Daily 1630 291 0800 279 1615 474 Generated by BPS 5.0.16 Synopsis Report: 900004-20090121.aym Pages 2 County: 90 Stations 0004 Descriptions ATLANTIC HLVD, 200' E WRITE ST Start Date: 01/21/2009 Start Times 0000 _----- ------ —---------—_-_-___.._--- Directions 8 Directions V Combined Time let tad 3rd 4th Total 1st 2nd 3rd 4th Total Total 0000 11 4.._-_--4 e27 ___---54--__3—�_2 - r..i4 I 41 0100 5 3 3 1 12 1 0 2 1 4 16 0200 2 0 3 2 7 0 0 0 0 0 , 7 0300 1 1 4 2 8 2 1 0 3 6 14 0400 2 2 5 2 11 2 0 0 2 4 15 0500 1 7 6 6 20 1 4 6 7 18 38 0600 5 7 10 10 32 5 11 21 13 50 82 0700 20 8 18 25 71 32 46 45 58 181 252 0800 37 42 38 35 152 67 64 76 45 252 404 0900 43 30 31 37 141 42 52 43 42 179 320 1000 38 51 53 45 1B7 35 36 46 43 262 349 1200 55 50 62 68 235 42 63 52 55 222 447 1200 45 39 _52 50 185 44 41 52 50 187 372 1300 55 53 47 60 225 58 42 65 51 216 431 1400 47 58 63 52 220 56 45 48 37 186 406 1500 65 60 62 68 255 34 56 45 48 183 438 1600 65 71 72• 80 288 42 45 31 33 151 439 1700 96 67 65 39 267 52 43 52 45 192 459 1800 58 40 29 28 155 31 36 25 18 110 265 1900 25 26 32 25 308 7 4 6 15 32 140 2000 26 27 23 11 87 12 13 12 18 55 142 2100 22 20 15 28 85 19 18 5 9 51 136 2200 22 12 13 9 96 B 9 8 5 30 86 2300 9 10 10 3 32 6 5 3 2 16 46 ---------------..-----------------------------------------"-------------------- 24-Hour Totales 2856 2491 5347 ------------------- ------------------ Peak volume Information —_ Direction: H Direction: w combined Directions Hour Volume Hour Volume Hour Volume A.M. 0815 158 0745 265 0745 407 P.M. 1615 319 1330 217 2645 468 Daily 1625 319 0745 265 2645 486 Generated by BPS 5.0.26 Synopsis Reports 900004-20090122.ayn Pages 3 Countys 90 Stations 0004 Descriptions ATLA7STIC BLVD, 200' E WWTE ST Start Dates 01/22f2009 Start Times 0000 Directions E Directions W Combined Time lot 2nd 3rd 4th Total lot 2nd 3rd 4th Total Total r.--------------------^---------'-----------. .-------------_._,_-_�_�-____-----.. 0000 7 5 3 1 16 3 3 3 2 11 27 0200 4 1 2 3 10 3 4 3 2 12 22 0200 1 4 0 0 5 1 1 1 1 4 9 0300 1 2 1 2 6 1 1 0 1 3 9 0400 4 1 0 5 10 2 1 2 1 6 16 0500 3 5 6 2 16 1 2 3 5 11 27 0600 7 4 15 9 35 9 7 11 19 45 el 0700 21 19 21 20 el 25 43 45 65 179 260 0800 32 28 33 24 117 78 79 68 57 202 399 0900 38 22 36 38 134 47 38 43 43 171 305 1000 49 44 54 42 189 42 55 54 46 197 36fi 1100 64 47 57 53 221 45 38 57 44 184 405 - 1200 49 - 46 68 50 213 46 55 48 32 181 394 1300 44 44 62 53 203 35 55 48 49 188 391 1400 49 59 61 52 221 55 46 48 39 188 409 1500 65 62 67 59 253 43 42 45 54 184 437' 1600 60 76 76 46 25B 46 55 4B 32 181 439 1700 97 75 69 59 300 37 44 56 45 182 482 1800 51 50 41 28 170 21 28 32 33 114 284 2900 31 26 26 24 107 22 12 14 16 64 171 2000 26 23 25 21 95 18 20 13 12 63 I 15B 2100 21 22 25 22 90 8 9 11 8 36 126 2200 16 20 16 14 66 7 9 8 5 29 95 2300 17 10 6 4 37 5 4 4 7 20 57 — ---- --M 24-Ho s 2853 2536 5389 peak volume Information Directions P. Directions W Combined Directions sour Vol— sour Volume Hour Volume B.M. 0915 145 0745 290 0745 403 P.M. 1700 300 1315 207 1700 462 Daily 1700 300 0745 290 1700 482 Generated by BPS 5.0.16 C oncurrency Analysis Adak U. Proposed Develollment: The Development Team has prepared 24"x 36"drawings as the site is over 10,000 square feet. As shown on the drawings, the following development is proposed for Higgs Beach. Building Summary Existing Building to Remain: SF EAsting Building to Remove: SF Salute Restaurant 4 868 Astro City Covered Picnic Tables 334 -Consumption Area Only 2,250 FAA Concrete Maintenance Building 665 Covered Bandstand 2 2 616 Covered Picnic Tables 6 993 Bathroom 1883 Dog Park Covered Table 4 556 East Martello Tower 17 724 Beach Rental Huts 2 268 Dog Park Covered Table 4 556 New Building: Visitor Nature Center 3,070 Maintenance/Equipment Storage 1 S00 Retail Klosk 3 675 Small Shade Structures 2 612 Setbacks: Type Required Existing Proposed Front(White Street 20' 254" 25'4" Side Casa Marina Court 15' 123�9" 24'0" Rear(Reynolds Street 20' 2378" 554" Coastal Construction ISO, 11`5" 11'5" Parking: There are 145 existing parking spaces. The Master Plan proposes to maintain 145 spaces. However,these spaces have been reconfigured to enhance safety and access to the internal travel lanes In the park. Of the 145 spaces, 123 are standard parldng spaces, 16 are compact and 6 are handicap accessible. In addition there are spaces for 45 bicycles and/or scooters. Access: Atlantic Blvd has been shifted to the north to accommodate community consensus to Increase the beach area and relocate the playground to the south side of the road. During the course of the Master planning process,an archeological survey using ground-penetrating radar was conducted. This survey located additional gravesites of African refugees who died on the Island in 1860 as a result of the slave trading activity occurring in the area. It is anticipated that once the current roadbed has been removed, additional gravesites will be discovered and will be Incorporated into the proposed memorial. The relocation of the road provides a safety buffer from the old road and POW206 the West Martello Garden and eliminates an unsafe condition since the Fort is currently located within five feet of the existing roadway. The new design of the road Includes a gentle curve to provide for traffic calming and to encourage a reduction in vehicular speed.The entrance to Higgs Beach from White Street has been sifted to the north as shown on the plans. Project Statistics: Zoning PS PS Public and Semi Public Service Size 762,891 s.f or 17.5 acres Units No Residential Units Floor Area 0.03 Fxisdn (29,945 s. 0.04 Proposed (32,972 s.f. Consumption Area Salute Restaurant 2,250 s.f. Impervious Area 30.2% Existing (230 499 s. 33.6%Proposed (256,333 s.f Lot Cover-age 3.92% Existing (29,945 s. 4.32% Proposed (32,972 s.f. Building Elevations: Please see attached. Drainage Plan: Please see attached. LandscapgP1an: Please see attached. III. Nutionrt ftboments. The Higgs Beach Master Plan was developed with significant community input.Throughout the past year,a master planning process,that included three public meetings and multiple smaller neighborhood meetings with park stake holders was conducted on behalf of the Monroe County Board of County Commissioners (BOCC). The Major Development Plan for Higgs Beach addresses not only code compliance requirements but safety and welfare Issues as well. The following will summarize how the proposed changes to Higgs Beach address community issues. Stormwater Runoff: A Stormwater Master Plan has been developed to maintain the stormwater on site as required by City Code. The redesign and relocation of Atlantic Blvd will provide the opportunity to engineer the roadway to capture the stormwater generated by the Impervious surface. Parking lots have been relocated furtherfrom the shoreline and will be Page 3of6 engineered to City standards for stormwater containment Furthermore, innovative containment practices are proposed that will direct the stormwater for reuse where possible to provide water for landscape areas. Potable Water: The Visitor Nature Center will include cisterns to capture rainwater and make it available for landscape plantings. This building is designed to LEED standards that will reduce and minimize the amount of potable water required. Grey water reuse is planned for the Visitor Nature Center. Waste Disposal: A recyding center is proposed adjacent to the Salute Restaurant. It Is anticipated the recycling area will provide for recycling of solid waste as well as provide an area for composting of vegetation generated by the restaurant Currently there are recycling collection boxes in the park and will be reused. Energy Conservation: The Nature Center has been designed to reduce energy needs. Four members of the Design Team are LEED Accredited Professionals. The Visitor Nature Center has the potential to be awarded enough credits to achieve LEED Gold Certification. Design components of the building include 100% solar hot water, collection of grey water for reuse,green walls and green roof as shown on the elevations,cross ventilation to reduce or eliminate the need for air conditioning,white reflective roof material,solar electric panels, ultra low flow plumbing fixtures, and low VOC interior materials. The maintenance buildings are designed to take advantage of natural ventilation and sun control. Energy effldent lighting will be incorporated as part of the outdoor lighting plan. Opportunities include LED lighting or solar lights for the street outdoor lighting fixtures. The landscaping proposed incorporates native plant material,dustering of plant material for water conservation,use of salt tolerant grasses,and installation of canopy trees for surface heat reduction. Affiardabie Housing: This Is a community park and does not include a residential component Neighborhood Im =: The neighbors immediately adjacent to the park participated in the Master Planning process. Their concerns were considered and addressed to the greatest extent practicable. The development team sought to balance the concerns of the immediate neighbors with the desires of the overall community. For instance the Plcidebail court was relocated to the west Fg"4of6 of the existing tennis courts and two tennis courts were removed. Passive activities such as the PAR Fitness course are located adjacent to the residential neighborhood. Astro City has been located closer to the beach and away from the center of the park.The footprint of the proposed Nature Center has been reduced in response to the neighbor's concerns. The current parking lots are unsafe and not consistent with City Code requirements. Vehicles back Into travelways and there are multiple conflict areas with pedestrian walkways. The proposed plan provides parking lots with dedicated access points to the relocated Atlantic Blvd.The size of the parking spaces is compliant with City regulations and provisions for scooter, bicycles and handicap spaces have been made. Atlantic Blvd has been redesigned to accommodate bicycle traffic with dedicated lanes on both sides of the road. Other ADA standards have been incorporated in to the plan. Perimeter landscaping around the parking areas Is proposed to shield automobile lights from adjacent uses. A traffic impact report was prepared as part of this process and is included as Appendix A. As noted in the report,the proposed enhancements to Higgs Beach"are not anticipated to increase traffic flow along Atlantic Blvd, are not anticipated to degrade the operating conditions of Atlantic Blvd or nearby local streets and will significantly improve safety to traffic traveling along Atlantic Blvd or accessing the various parking areas located north or south of the roadway." The BOCC is making every effort to remove and relocate the FAA Tower currently located with in the park. The FAA recognized the County's desire to renovate the park and is in the process of preparing Feasibility Study to accommodate relocation. The FAA recognizes the tower is out of date. Appendix B provides documentation from the FAA that identifies an Airspace Case Number to this project as well as a draft Preliminary Design Reimbursable Agreement. The Site Plan has been designed such that many components of the Master plan can be implemented prior to the relocation of the Tower. .#ion JOB=. Othw f.Riect Infiormoon Phasin Implementation of the Higgs Beach Master Plan is a long-term goal for the BOCC. As funding sources become available portions of the Master Plan will be implemented. Balancing on going maintenance Issues with future renovations shall be accommodated as much as possible. Currently, the ASTRO City Playground needs new equipment. Funds have been allocated to install new playground equipment as part of a Phase I for the Astro City playground renovation. Although some renovations can be completed,the majority of the changes to the park will be not initiated until Atlantic Blvd has been relocated. The BOCC is in the process of submitting a grant request to the Florida Department of Transportation for Community Enhancement Funds that would be used to relocate the road. If successful,funding for this task will be available in fiscal year 2015. The BOCC has mandated the improvements to the park be self funded when possible. Page 5 of 6