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Item Q4
BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 12,2012 Division: Growth Management Bulk Item: Yes _ No X Department: Planning and Env. Resources Staff Contact/Phone#: Tiffany Stankiewicz 289-2513 Michael Roberts 289-2502 AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for John W. & Glenda Akins and John K. Akins R/S on NLY 24 Ft of Lot 24, all Lot 25 and SLY 17 Ft Lot 26, Block 1, Doctors Arm, Big Pine Key, Real Estate Number 00310260.000000. Applicants requested relief in the form of returning flood zone points or an allocation award. ITEM BACKGROUND: A building permit was applied for on 1/31/2007 and a ROGO application was applied for on 6/12/2007. A scoring error was found on the ROGO Application in regards to the flood zone points and the scoring was corrected on 4/27/2009. The applicant applied for administrative relief on 1/9/2012 and is within the allowable time frame to be eligible for administrative relief under Section 138-27(g) of the Monroe County Code. (g)Board of county commissioners action. At the conclusion of the public hearing, the board of county commissioners may take any or a combination of the following actions: (1) Offer to purchase the property at its fair market value as its preferred action if the property is located within: a. A designated tier I area; b. A designated tier H area (Big Pine Key and No Name Key); C. A designated tier III-A area(special protection area);or d. A designated tier III area on a nonwaterfront lot suitable for affordable housing. (2) Grant the applicant an allocation award for all or a number of dwelling units requested in the next succeeding quarterly allocation period or extended pro rata over several succeeding quarterly allocation periods as the preferred action for buildable properties not meeting any of the criteria in subsection 69(1) of this section. (3) Suggest or provide such other relief as maybe necessary and appropriate. The property is in Tier 2. The property is on the U.S. Fish& Wildlife Service list of parcels in Species Focus Areas. As of Quarter 1 Year 21 this application's market rate ranking was#25 out of 35 applications in the Big Pine/No Name Keys subarea. If the owner does not accept the offer provided by the Land Authority, the property remains in ROGO. The application will continue to earn perseverance points pursuant to the vesting provision for applications in the ROGO system prior to the effective date of Ordinance 09-2006. After the application has been in ROGO 5 years, it will begin earning 2 perseverance points per year for each year thereafter that the application remains in the ROGO system. The applicant may amend the ROGO application to increase points through land dedication or purchasing points. Staff recommends that administrative relief be awarded in the form of a purchase offer by the Monroe County Land Authority. PREVIOUS RELEVANT BOCC ACTION:The Board of County Commissioners continued this item from the September 21,2012 meeting. CONTRACT/AGREEMENT CHANGES:N/A STAFF RECOMMENDATIONS: Approval in the form of a purchase offer by the Monroe County Land Authority and deny restoration of flood zone points deducted TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes N/A No_ DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes_ No_ AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management N/A DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM# RI MEMORANDUM MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring,professional and fair To: Monroe County Board of County Commissioners From: Tiffany Stankiewicz,Development Administrator Michael Roberts, CEP; PWS, Sr. Administrator Environmental Resources Through: Townley Schwab,Director of Planning&Environmental Resources Date: November 16,2012 Subject: Request for Administrative Relief for Akins NLY 24 Ft of Lot 24, all Lot 25 and SLY 17 Ft Lot 26, Block 1, Doctors Arm, Big Pine Key,Real Estate No. 00310260.000000 1 2 Board of County Commissioners Meeting Date: September 21,2012 continued to December 3 12, 2012. 4 5 I. BACKGROUND 6 7 The applicant is eligible for Administrative Relief,has complied with all requirements of the 8 dwelling unit allocation system,has been considered in the first sixteen consecutive quarterly 9 allocations and has not received an allocation award. 10 11 Relief Requested: The relief requested is a rescoring of the application to restore points deleted 12 for the VE zone(4),when the parcel was originally scored as AE, and any additional points for 13 time passed. (The perseverance points have accrued annually in accordance with the Monroe 14 County Code and have been included.) The Applicant also requested relief in the form of an 15 allocation. 16 17 Date Entered ROGO: 6/12/2007 18 19 Date Entered Administrative Relief. 1/9/2012 20 21 Date Amended Administrative Relief Application recieved: 8/23/2012 22 23 Tier Score: 12 24 Tier 2: 10 25 Flood Zone"V" {MCC Sec. 138-28(6)} -4 26 Perseverance: 6 27 28 This application was ranked#25 in Quarter 1 Year 21. 29 Page 1 of 6 Reviewed by 07100483 1 H. CURRENT CONDITIONS 2 3 Location: NLY 24 Ft of Lot 24, all Lot 25 and SLY 17 Ft Lot 26,Block 1, Doctors Arm, 4 Big Pine Key,Real Estate No. 00310260.000000 5 6 Owner: John W. &Glenda Akins and John K. Akins R/S 7 8 ApplicantlAgent: Law Office of Ray Garcia,P.A. withdrew as agent Sept 19,2012 9 10 Land Use District: Commercial Fishing Special District 8 (CFSD 8) 11 12 FLUM: Mix Use/Commercial Fishing(MCF) 13 14 Tier: 2 15 16 The property is on the U.S.Fish &Wildlife Service list of parcels in Species Focus Areas 17 for the indigo snake,key deer,marsh rabbit and silver rice rat. 18 19 2011: Total Assessed Value: $72,772 .00 Purchase Price in 3/6/2009: Quit Claim Deed 20 documentary stamps do not indicate a price 21 22 III.Additional Relevant Information: 23 24 A. Habitat 25 The property is located in Tier 2 and is considered vacant according to the Monroe 26 County Property Appraiser Record card. Water and electric are available. The habitat 27 consists of"developed land"and is scarified,partially filled land. Vegetation on the 28 property consists of species common to low disturbed properties in the Keys including 29 broom grass(Andropogon glomeratus),beggar ticks(Bidens alba), sandspur(Cenchrus 30 spp.) and salt grass (Distichlis spicata). Many of the species on the property are 31 considered wetland indicators;however Environmental Resources staff has not conducted 32 a detailed assessment of the parcel to determine the extent of jurisdictional wetlands. The 33 parcel is not on the Wetland Lot list, and any wetland communities on site(if present) 34 would be classified as disturbed salt marsh and would have a KEYWEP score below a 35 7.0,making them suitable for development with appropriate mitigation under Monroe 36 County Land Development Code 118-10(f). While the parcel is NOT on the FEMA 37 injunction list,it is listed as potentially suitable habitat for both the Key deer and the 38 Eastern Indigo snake. The parcel also falls within the buffer area for the Lower Keys 39 marsh rabbit,but in accordance with the Habitat Conservation Plan for Key Deer(HCP), 40 development is not restricted on this parcel as it falls within the"green hatched"area of 41 Figure 2.2 of the HCP and development is permitted within these areas. 42 43 44 B. H Value 45 The H value for parcel 00310260-000000 is 0.0007, and mitigation for this parcel, if it 46 were to be developed with a single family residence, would be 0.0021. As of December, Page 2 of 6 Reviewed by 07100483 1 2011 (the date of the last monitoring period), covered activities had consumed 0.3694 2 (33% of authorized impact under HCP) and mitigation acquired was 2.105 (63% of total 3 required for life of HCP). Factoring in pending permits(allocations and permits currently 4 on hold) and parcels currently competing in ROGO, and the total potential H impact for 5 all current applications for development would be 0.6584 and the mitigation necessary to 6 compensate for this level of impact would be 1.97 H. As stated previously, the County 7 has already acquired 2.1054 H, and the BOCC recently authorized the Land Authority to 8 purchase parcels from the Nature Conservancy that collectively have a H value of 0.1915 9 resulting in a total mitigation H total of 2.297(see table below). 10 Summary of H impacts and mitt ation June 8 2012 Cumulative H impact 0.3694 Pending H impact 0.2361 Competing ROGO H impact 0.0529 TOTAL POTENTIAL H impact 0.6584 Mitigation Required 1.97515293 Current Mitigation Acquired 2.1054 Miti ation Pending Cparcels) 0.1915 Current+Pending Mitigation 2.2969 11 12 13 See Exhibits A-K(attached) relevant to the above information in Sections I,H,and III. 14 15 IV. Previous Action by Owner 16 17 Four contiguous parcels were submitted into ROGO on June 12, 2007. One of the properties 18 (RE# 00310220.000000) was mistakenly marked by the surveyor as being in the AE flood zone 19 and scored as AE. The subject property was clearly marked as VE on the applicants' own survey 20 and site plan. It was similarly scored, although the property was actually in a VE zone,requiring 21 a deduction of 4 points The property owner was notified of the scoring error on all four parcels 22 by letter dated April 27, 2009,by certified mail, which receipt was returned as received (Exhibit 23 L). Four more quarterly allocations by the Planning Commission were made in 2009-10 using 24 the correct points moving the properties down on the ranking list from 22, 23, 24, and 25 to 40, 25 41, 42 and 43 at the time of the appeal to the BOCC which was filed after the March 10, 2010 26 Planning Commission rankings. The property owner(s) ("Applicant") filed an appeal to the 27 Board of County Commissioners (BOCC)pursuant to Sec. 138-1(a)of the Monroe County Code, 28 which allows appeals from the quarterly ROGO awards by the Planning Commission to the 29 BOCC. The appeal alleged non-receipt of the notification letter lowering the scores on the 30 ROGO application. The appeal was scheduled for July 21, 2010, before the BOCC but was 31 withdrawn by the applicant and was not rescheduled by the applicant. No appeals have been 32 received by the Department from any other Planning Commission ranking for other quarters. 33 (See Exhibits K O) 34 35 In October, 2010, the applicant, represented by the Law Firm of Ray Garcia, requested a 36 continuance of the next Planning Commission public hearing for ROGO Allocations scheduled 37 for October 6, 2010. The public hearing for Big Pine Key and No Name Key was continued Page 3 of 6 Reviewed by 07100483 1 until October 19, 2010, at which time Attorney Alexis Rodriguez appeared on behalf of Mr. 2 Akins asking for an extension to contest the flood plain points. The Planning Commission 3 accepted the staff recommendation to approve the rankings. (See Exhibits P-U) 4 The chart below shows a chronology of activity related to the subject application. 5 Application No. 07100483 Real Estate No. 00310260.000000 Building Application Date for Single- Jan.31,2007 Family Residence The Applicants Building Plans Pre Tier System minus 6 for VE flood zone indicated flood zone deduction points Survey from Lawrence P.Frank Entire property in VE zone. dated Dec.4,2006 indicated property flood zone. Building Department reviewed plans Reviewed for VE zone construction for AE/VE Zone construction. Building Department forwarded June 6,2007 application to Planning to contact applicant to enter ROGO. Date ROGO Application submitted June 12,2007 Initial scoring of ROGO Application ROGO Application scored as if in AE Zone for Quarter that closed July 2007. Scorine Error discovered Early Aril 2009 post Tier System should have indicated 4 points Date certified letter sent regarding April 27,2009 scoring error Date return receipt was signed May 15,2009 ROGO Rankings Quarter 3 Yr 17 Planning Commission Approved Resolution P23-09,June 10,2009 indicated scoring correction ROGO Rankings Quarter 4 Yr 17 Planning Commission Approved Resolution P42-09,Sept.2,2009 still referenced the scoring correction ROGO Rankings Quarter 1 Yr 18 Planning Commission Approved Resolution P55-09,Dec. 15,2009 continued with correct points ROGO Rankings Quarter 2 Yr 18 Planning Commission Approved Resolution PO4-10,March 10,2010 continued with correct points Application Date for the Appeal of March 30,2010 Applicant submitted appeal regarding the reduction of points Planning Commission decision to the Board of County Commissioners OC Staff Recommendation regarding Staff recommended the denial of the applicants'request. Appeal Appeal Scheduled to BOCC July 21,2010 Appeal Status July 20,2010,notification from Lee Rohe,Attorney to withdraw ROGO Rankings Quarter 3 Yr 18 Planning Commission Approved Resolution P10-10,June 9,2010 continued with correct points ROGO Rankings Quarter 4 Yr 18 Planning Commission Approved Resolution P21-10,September 8,2010 continued with correct points ROGO Rankings Quarter 1 Yr 19 Planning Commission Approved Resolution P14-10,December 14,2010 continued with correct points ROGO Rankings Quarter 2 Yr 19 Planning Commission Approved Resolution P09-11,March 9,2011 continued with correct points ROGO Rankings Quarter 3 Yr 19 Planning Commission Approved Resolution P16-11,June 8,2011 continued with correct points ROGO Rankings Quarter 4 Yr 19 Planning Commission Approved Resolution P26-11,September 14,2011 continued with correct points Administrative Relief Application January 9, 2012. Administrative Relief sought is the return of flood zone points Date because the applicant believes initial scoring based on the AE Flood Zone was correct ROGO Rankings Quarter 2 Yr 20 j Planning Commission Approved Resolution P08-12,March 28,2012 Page 4 of 6 Reviewed by 07100483 continued with correct points ROGO Rankings Quarter 3 Yr 20 As of this report the rankings are pending review. continued with correct ints 1 2 V. ELIGIBILITY AND OPTIONS 3 4 Eligibility for Administrative Relief Options: 5 Section 138-27 of the Monroe County Land Development Regulations and Policy 101.6.1 of the 6 2010 Comprehensive Plan provides a mechanism whereby an applicant who has not received an 7 allocation award in the ROGO system may apply to the Board of County Commissioners for 8 Administrative Relief. The applicant is eligible for Administrative Relief having complied with 9 all requirements of the dwelling unit allocation system and having been considered in at least the 10 first sixteen consecutive quarterly allocation periods, and not having received an allocation 11 award. The application was timely submitted for administrative relief and the applicant has not 12 expressed a desire to sell the property to the County. However, the applicant has indicated he 13 believes the initial scoring of the ROGO Application was correct and the surveys were correct. 14 Thus, the Administrative Relief sought by the applicant is that "the property scoring be 15 corrected to reflect the points entitled to the applicant and subject property under an AE flood 16 scoring along with additional points that are in order for time passed". The applicant is also 17 requesting an allocation. The perseverance points (additional points requested) have been 18 accruing. 19 20 Below is a map showing the Flood Zone of the subject property. 21 e n eM P 12087C1328K Hill h Subject Property(outlined in blue)(2012) 24 White line shows separation of the AE Flood Zone and VE Flood Zone 25 26 27 The subject property was marked VE by the surveyor. The VE designation for the subject 28 property was/is correct. When development is proposed in the VE zone, the application 29 receives a 4 point deduction. The applicant's plans show a single family residence in the VE 30 zone. (See Exhibit V) 31 32 The applicants are requesting that the BOCC determine the flood zone. The request is not 33 appropriate since the BOCC does not determine flood zones and does not have the authority 34 to revise flood zone designations. The Federal Emergency Management Agency (FEMA) Page 5 of 6 Reviewed by 07100483 1 determines the flood zones. The applicant would need to investigate the criteria to change 2 the VE flood zone designation. Property owners may seek a Letter of Map Revision(LOMR) 3 requesting a revision showing their property is located in a different flood zone. (There has 4 been a property in Doctors Arm that obtained a LOMR.) The applicants may contact Mary 5 Wingate, Senior Floodplain Coordinator, for additional information regarding this process. 6 7 Relief Options under Administrative Relief: 8 The remedies available to the Board of County Commissioners for Administrative Relief 9 pursuant to Section 138-27 include: 10 11 a. Offer to purchase the property at its fair market value as its preferred action if the 12 property is located within: a) a designated Tier I area; b) a designated Tier II area 13 (Big Pine Key and No Name Key); c) a designated Tier III-A area (Special 14 Protection Area); or d) a designated Tier III area on a non-waterfront lot suitable 15 for affordable housing. 16 b. Grant the applicant an allocation award for all or a number of dwelling units 17 requested in the next succeeding quarterly allocation period or extended pro rata 18 over several succeeding quarterly allocation periods as the preferred action for 19 buildable properties not meeting any of the criteria in(1) above. 20 c. Suggest or provide such other relief as may be necessary and appropriate. 21 22 The Administrative Relief sought by the applicants requesting the scoring to reflect the points 23 entitled to properties located within the AE flood zone is inappropriate. The BOCC cannot 24 change the flood zone. Because the proposed development is located in a VE flood zone, the 25 code requires the four point deduction. 26 27 In the event purchase is recommended and the owner refuses the purchase offer, the 28 applicant may remain in the ROGO System and continue earning perseverance points 29 according to Monroe County Code Section 138-28. 30 31 VI. RECOMMENDATION 32 33 It is recommended that the Board of County Commissioners find that the applicant has met the 34 criteria and qualifies for Administrative Relief. It is further recommended that a Resolution be 35 adopted that establishes this relief by an offer to purchase by the Monroe County Land 36 Authority. 37 38 Attachments: Index of Exhibits 39 Exhibits A through V 40 41 Page 6 of 6 Reviewed by 07100483 RESOLUTION NO. —2012 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY JOHN W. & GLENDA AKINS AND JOHN K. AKINS R/S ON PROPERTY DESCRIBED AS NLY 24 FT OF LOT 24, ALL LOT 25 AND SLY 17 FT LOT 26, BLOCK 1, DOCTORS ARM, BIG PINE KEY, RE#00310260.000000 IN THE FORM OF A PURCHASE OFFER FROM THE MONROE COUNTY LAND AUTHORITY. WHEREAS, John W. & Glenda Akins and John K. Akins R/S submitted an application for administrative relief under Sec. 138-27 of the Monroe County Land Development Regulations; and WHEREAS, prior to the September 21, 2012 Board of County Commissioners meeting, the County received documents that indicated Carlayne Holloway has a contract for deed for the subject property and may have an ownership interest in the subject property; and WHEREAS, the Board of County Commissioners continued the Administrative Relief hearing to the December 12, 2012 meeting; and WHEREAS, the matter was considered at a public hearing before the Monroe County Board of County Commissioners (BOCC); and WHEREAS, the BOCC considered the staff report from Development Administrator Tiffany Stankiewicz and Senior Administrator of Environmental Resources Michael Roberts, along with the Exhibits A through V; and WHEREAS, the public had an opportunity to speak; and WHEREAS, the Monroe County Board of County Commissioners makes the following findings of fact and conclusions of law: 1. The application for administrative relief from John W. & Glenda Akins and John K. Akins R/S is for NLY 24 Ft of Lot 24, all Lot 25 and SLY 17 Ft Lot 26, Block 1, Doctors Arm, Big Pine Key in Monroe County, Florida having RE#00310260.000000. 2. The date of the ROGO application is 6/12/2007. 3. The ROGO allocation application has been in the ROGO system for at least four (4) consecutive years and qualifies for administrative relief ADMINISTRATIVE RELIEF RESOLUTION Page 1 of 3 RE#00310260.000000 07100483 under Policy 101.6.1 of the Monroe County Year 2010 Comprehensive Plan. 4. Monroe County Code (MCC) Section 138-27 provides a mechanism whereby an applicant who has not received an allocation award in ROGO may apply to the Board of County Commissioners for administrative relief. 5. The Board of County Commissioners (BOCC) has the authority to grant administrative relief under Section 138-27(f) and may grant the applicant a building allocation, offer to purchase the property at fair market value, or provide such other relief as may be necessary and appropriate. 6. The applicant applied for administrative relief on 1/9/2012, under Section 138-27 of the MCC and Policy 101.6.1 of the 2010 Comprehensive Plan. 7. The relief requested was for the restoration of flood zone points which had been deducted from the ROGO application. 8. The BOCC does not have the authority to change the flood zone or flood maps (Flood Insurance Rate Maps) which are determined by the Federal Emergency Management Agency. 9. Monroe County Code Sec. 138-28(6) determines the scoring of ROGO applications for the respective flood zones. 10. The restoring of points to an application based on a mistake in the original scoring would be prejudicial to the ranking of other applications in the ROGO process. 11 The applicant(s)' ROGO application is correctly scored at the present time. 12. The relief requested by the applicant(s) is neither necessary or appropriate. 13. Policy 101.6.5 of the 2010 Comprehensive Plan provides criteria to be used for determining lands that are appropriate for acquisition and the criteria includes the environmental sensitivity of the vegetative habitat on the lot and the applicable Tier designation. 14. The subject property has the land use district designation of Commercial Fishing Special District 8 (CFSD 8), is located in the Doctors Arm Subdivision and is located in a Tier 2 designated area. 15. Monroe County Code (MCC) Section 138-27(f) states the Board may offer to purchase property at its fair market value as the preferred action for property located within Tier 2. ADMINLSTRATwE RELIEF RESOLUTION Page 2 of 3 RE#00310260.000000 07100483 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA: Administrative relief is granted to John W. & Glenda Akins and John K. Akins R/S, for NLY 24 Ft of Lot 24, all Lot 25 and SLY 17 Ft Lot 26, Block 1, Doctors Arm Subdivision, Big Pine Key in the form of a purchase offer by the Monroe County Land Authority. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,Florida at a regular meeting held on the 12th day of December.2012. Mayor Mayor Pro Tem, Commissioner Commissioner Commissioner BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor (SEAL) ATTEST: , CLERK DEPUTY CLERK MONR UNTY AT PP 0 0 AS r0 FORM Date. ADIv RmTRATIVE RELIEF RESOLUTION Page 3 of 3 RE#00310260.000000 07100483 i r i Tree tton Land lke Dedgivition C UNTY�MONROE --� iort RFY NEST R9RDhypq nvi ronmental Resources MI Ili r This map is for use by the Monme County th Management Division on 0 is not a legal l The data contained herein n of roads rigght of WBYS or other u � other geographical ra hical date;�➢ Rmida Forever FL F ver Bound R od by:JWk v Illy--hii-0. ""' EXHIBIT RELIEFAKINS ADMINISTRATIVE APPLICATION 07100483 Real Estate Number 00310260.000000 A. Maps(Aerial showing location,Tier,Zoning, Habitat, Species)(Flood Zone Maps) (Maps showing County/State owned properties) Pages 1-4 B. Photos of area Page 1 of 1 C. Property Record Card Pages 1-4 D. Monroe County Tax Bill Page 1 of 1 E. Page prints from Community Plus Pages 1-2 F. Utility Service(Keys Energy Service)Page 1 of 1 G. Utility Service(Florida Keys Aqueduct)Page 1 of 1 H. Page from FEMA Injunction List showing parcel is not on list Page 1 of 1 1. (1)Amended Administrative Relief Application(August 23,2012)Pages 1 —36 (2)Administrative Relief Application Pages 1-36 J. July 9, 2012 and August 21, 2012 email to Ray Garcia,Attorney Pages 1 of 2 K. ROGO Application Page 1 of 1 L. Notification Letter dated April 27, 2009 Pages 1 of 3 M. Appeal withdrawn from the July 21, 2010, BOCC meeting Pages 1-85 N. July 21, 2010, BOCC Revised Agenda Pages 1-14 O. July 21, 2010, BOCC Minutes Pages 1-16 P. Report to the Planning Commission dated September 27, 2010 Pages 1-57 Q. October 6, 2010,Planning Commission Agenda Pages 1-2 R. October 6, 2010 Planning Commission Minutes Pages 1-5 S. October 19, 2010 Planning Commission Agenda Pages 1-3 T. Third Party Authorization Pages 1-3 U. October 19, 2010 Planning Commission Minutes Pages 1-6 V. Survey& Site Plan Pages 1-3 I EXHIBIT t i r �h' r a /rr v i , i/ii/r/� Ui/i%. �' 'i rlrlr �o ✓1'//f�e ( c... �J�����i;. /"' ,!S i �� r Ter � L jic:n] ONROE nBMW Environmental Resources This map is for use by the m" 14 MorsOe County Growth Management Division only, / J`lfyllll �%l� The data calrepeatatiherein 9m�'"W tM is not a lapel repea tstion &boundaries, rcela,roads pi�Gir�� right of ways other m N 0 / ��0�w"�'�P�` geographical data,. FK1r1[�2 F(3fQ V�r FL Forever 8ourxlery Protected Qpece5 Mk rr "r a M. IWlllll!!r ���rU�VWfr t y ar r pig 4�CiV w i r;. I I�411��I�I it r a : i i'f f r (! r r gand N Akin pmah Subject Property: Akins RAdAWcal 6p La 2012 L. 2012 W E MCPA.M.Ps", M26 + u, =3 SubdMWM S F' � c �g oIMS bpi Cc SHE zl y w A O ua 4 0 T w� f w w — Q © ,��1 r0 Q C a k a s qp rn p 0 Z m © +G H Piz I CL OEM � e L`YQ c AYE Zia: now Ras my Ell: MY � � of pp g u � u III w llI � I At Jim C - - has i -,post �� 6 "� �y�l ��,�i� �W� w✓1��i I nV J u is i " w, E u} N I y r ✓ c t� Iry r� la ✓rat � � ( y� �i� � �r a Al � r c}3'� ✓ d/3 im Q w $ I . no N E S, feu .* i'✓r,%� "�7 e � 7 �� x i, k i 9 m bV " � 1j i ��il��u,lillll� ,�s • i � gaR Illlllllllllllllllllh!II � � � i ililillii�lllll�lh`� f �� s � a il�� Illlll�lllllli� ly'illl;�',1'� i� �11� ��pUa �� j u10 IIIIO �q14�� ,� u IIuF a � Doti 'jai i Property Search-- Monroe Counl� pro perty Appraiser Page 1 of 4 EXH113rr Karl D. Borglum Property Appraiser Key West (305) 292-3420 Marathon (305) 289-2550 Monroe County, Florida Plantation Key (305) 852- 7130 ............ Property Record Card Website tested on Internet Explorer. Alternate Key: 1382370 Parcel ID: 00310260-000000 Requires Adobe Flash 10.3 or higher Ownership Details Mailing Address: All Owners: AKINS JOHN WAND GLENDA AKINS JOHN K RIS,AKINS JOHN WAND GLENDA PO BOX 246 LARGO, FL 33037 ............................................. ............... P-'r"o-'"p-e"-r,-ty,...........D e" tail .................. ................... PC Code.- 00-VACANT RESIDENTIAL Millage Group: 1 OOH Affordable No Housing: Section-Township- 14-66-29 Range: Prop"Location. VACANT WITTERS LN BIG PINE KEY Subdivision- DOCTORS ARM Legal Description: BK 1 NLY 24FT OF LOT 24 AND ALL LOT 25 AND SLY 17FT LOT 26 DOCTORS ARM SUB PB3-141 BIG PI E KEG'OR 409-382/85 OR788-1431 ORI149-801/02 OR 1384-33 OR2101-1457 OR2404-841 O/C ............... .............. ....................... .......... ....... .......... .......................... ............ ............... http://www.mcpafl.org/PropSearch.asox 6/4/?ni,? Property Search--Monroe County "'rope rty Appraiser Page 2 of 4 I Parcel Map (01[ck to qperi dyna,inic pareel iirlap) ........... .......... ........................... ........................ Land Details Land Use ado Frontage Do th Lend Area —------- M1 OW-RES WATERFRONT 0 0 14,746,00 S�F ................ .................... ....................... ............. ........ ....................... Misc Improvement Details it Nbr TY Units Lon th VWdth Year MR Rdl Year Grade http://www.mepafl.org/ProliSeaxeloasp)x A 1A IM 1 1) Property Search®® Monroe Cara 1r)roperty Appraiser I, n'( I Page 3 of 4 CL2:CH LINK FENCE 402 SF 67 6 1984 1985 1 30 Appraiser Notes 4120/2012-PER MC BLDG DEPT SFR PERMIT REMAINS IN ROGO,NOT YET ISSUED(SA) REMOVED OVERRIDE AS LOT IS BEING USED S'LY 1 T LT 26(RE 00310270-000000 AK 1382388)&N'LY 24'LT 24(RE 00310250-000000 AK 1382361)HAVE NOW TEE �- COMBINED WITH THIS PARCEL PER OWNER'S REQUEST DONE FOR THE 2007 TR 5/08107(JDC) Building Permits 07100483 leted Amount Descrl tion N Ws 350,000 SFR Parcel Value History Certified Roll Values. View Taxes for this Parcel. Roll Total Bldg Total Mist Total Land Total Just Totm ASSessied School School Taxable Year Value Improvement Value Value (Market)Value Value Exempt Value Value 2011 0 281 - 72,491 72,772 72 ',',"2 0 72,772 2010 0 281 103222 101503 103,503 0 1103,503 2009 0 281 103,222 103503 103,503 0 103,503 2008 0 281 117968 118,249 118,249 0 118,249 2007 0 251 412,888 413,139 - 413,139 0 413J39 2006 0 636 94,125 94761 94,761 0 94,761 2005 0 636 94,125 94,761 94,761 0 94,761 2004 0 636 37,650 38,286 38,286 0 38,286 1 2003 0 636 32,94-4 33580 33,580 0 33,580 1 "!"':'." U 33'580 2002 0 684 36,238 36.922 36,922 0 36,922 1 2001 0 748 6 6 36,238 36,986 36,986 0 36,986 I 2 2000 85 3 000 0 485 36,238 36723 36,723 0 36j-723 11 999 0 514 36,238 36,752 36,752 0 76.752 1998 0 552 36,238 22,353 22353 0 22,353 1997 0 581 36®238 22,353 22,353 0 22,353 1996 0 610 36,238 22,353 22,353 0 22.353 1995 0 649 36,238 36,887 36,887 0 36,887 1994 0 678 36,,238 36,916 36,916 0 36,916 1993 0 707 36,238 36,945 36945 0 36,945 1 1992 0 746 36,238 - 36,984 36,984 0 36,984 1991 0 775 36,238 37013 37.013 0 37,013 1990 0 804 33,822 - 34,626 34626 0 34,626 http://www.mcpafl.org/PropSearch.aspx 4 1A PWI I Property Search Monroe Count Iroperty Appraiser Page 4 of 4 1 1989 0 843 30,716 31,559 31559 0 31,559 1pp 1988 0 872 201708 21,580 21,580 0 21 1580 1987 0 901 20,708 21,609 21 1609 0 1986 0 940 20,708 21,W 21,648 0 21,648 1986 0 0 191800 19,800 19.800 0 19,800 E1984 0 0 19,800 19,800 191800 0 191800 198 ---------- 1983 ;0 2 go 19,800 19,800 19.800 0 19.800 0 1982 0 0 14.449 14,449 14,449 0 74,449 ............... .............. ............................ Parcel Sales History NOTE: Sales do not generally show up in our computer system until about two to three months after the date of sale. If a recent sale does not show up in this list, please allow more time for the sale record to be processed. Thank you for your patience and understanding &.flla Date Official Records Book/P2ne Price Instrument Qualification 3161,210109 2404/841 100 01011 313012005 210111457 WD .....................................-.................. .. ....... This page has been visited 3,399 times. Monroe County Property Appraiser Karl D. Borglurn RID. Box 1176 Key West, FIL 33041-1176 http://www.mcpafl.org/PropSearch.asi)x AIAI')nl I DANISEC.F.C. 2011 Delinquent Real Eshft DNOr )VALOREM ASSESSMENTS MUST PAY BY CASH,CASHIER CK,OR MONEY ORDER AKINS»Iliad W AND GLENDA VACANT i AKINS JOHN K RIS ETIBff PO BOX 246 ILEA LARGO,FL 33037 SK 1 NLY 24FT OF LOT 24 AND ALL LOT 25 AND SLY 17FT LOT 25 DOCTORS3-141 BIG PIN KEY SCHOOL 7A1 12170 72,772 0 72,772 132.23 SCHOOL LOCAL BOARD 1,7480 72,772 0 72,772 127.21 GENERAL REVENUE11009 72, 0 72,772 80.11 F .F LAW ENFORCE JAIL JUDICOAL 2.1959 72,772 0 72,772 15930 HEALTH CLINIC 0.0502 72,772 0 72,772 34 GENERAL PURPOSE 02M 72,772 0 72,772 FLORID MOSQUITO CONTROL 0. 7Z 0 72, 35.i m c LOCAL ROAD PATROL LAW ENF 0A073 72,772 0 72,772 29.64 SO FL WATER MANAGEMENT DIST 0.17m 72,772 0 72,7fi2 12, 99 OKEECHOBEE BA54N 0.1 0 72,772 1422 LOWER MIDDLE Y FIRE&AMB Z3799 72J72 0 72,772 173.19 EVERGLADES CONSTRUCTION PRJ7 0.0624 72,772 0 72,772 4. 54 L 10. i 7 3 see revem7 .43 I r t��y 20.73 73 73IF PAJD BY DANISE1 . , e 1 Delinquent i ALOPMASSESSMENTS E T Estaft r Alm i H 13823TO _ UST PAY BY CASH,CASHIER CK,OR MONEY ORDER 38 IJd I JOHN D DA IN JOHN K RIS BK 1 NLY 24FT OF LOT 24 AND ALL LOT 25 AND SLY PO BOX 246 ITFT LOB 2s DOCTORSSLID 141 BIG PIN Y LARGO,FL. 337 iy CHECKS lf. Y ..I. I. 11 , 1 29 [IfS Iv By .less 29. 12 Ad 31, 12 31,2012 I P .73 .73 .73 ocon 3onnoo 0000078943 0000000001382370 0001 9 m� Mort N� 5 WA"M yypp�� tz Ivm y� L qi CIA ,'ems of "k7 L f lots w§:w s ART ..,... m ,.. ..., .rip ; t I YaL L15-141i ------------- Wi mm MIS AIM wwww mm 112, rM NO Lj IL lu f. IEXHIBrr UTILrff BOARD III THE C2TY OF KEY WEST, FLORIDA HAIN OFFICE; 5-1 r Swvlce Fax(305)295-1085 DOW �.. b .. Acmunt custwwft rem® Subdiv m " - 6 IE° w m . ;4 i I's do msponsiWiftyto NFC NM 6dow to beth ibe AW 13Y ays h --- All Yes 13 No UVq a r VAR , . R " C)GAOCATI m " TO Valki V % �� PU P.ol- r�. . aBre9 �re re ;EAnd ReWW1006' Wn must u ini"le 1 , qq Plain View(Top) Profile Aew( i r .... � Reelam quirerreft e. rtl w u pIYMYS � .I 9 .. ......... ..............n... I. Ile le, a - FW Contad SOVWre.............. SecovAn I Omerg Ma1w EXHIBIT Map . _ Pro 0.3=123911100 Kninedy Difte Date: This-form aw dam is for infwmtion only and is applicabley to one mee finnily msi&mm or duplex under 3,000 whcm water use 8 5 " t -TFE3 OWNER BE REQUMM TOPRESEMACOMPTETpp�� �B po, =APPROPRIATE - TWS FOR RgMW By T=AUTHORrMS ENGINE3MMG DEPAjVftVMT4. TO APPLYING FOR WA=SWVIM To K "`' y UqFORMAnON E compLEM OR PROVIDW) Y CUSTOWR SE PMW IN n TELEPHONE NO. LOCATION., s) Key _. m., ' � 9 4. .. 1. . FKAA drzw, p-irdicawis a miging inch,W&W man in fivot arthe f )cf S,....:.o. . l" 6 f ingAing wAW swvices),. requicnxmt tar the extecaim, is.— . linear fed of— inch pim ivchding valve;and fiftiogs,and 4pill be subject to vairrAtion at dw time appkeavion is made. i&mv&wis&c beat av"Ale.4 m 3611 be rcv&td to c4end or uppide 1he wda service in acecrdesm with standard FKM poficy.pa a front root&P USCUMCK or pay 146tiaw Unma for t footage Lmnmwnt. jim LETTER IS VALID FOR ONE(1)YEAR ONLY. NOTE-. f4ew UddMkn md F pl s )an hi addition to ths cost at MY water main exftodan at the owaWs s k aft EX6T/1�1 &Z-76 #6v'5721 FKAA PEW. � - Jl�' : White Copy Cudamer,'TcKaw Copy,:,Einginvnin& k Om FKAA P 66 1 ) EXHIBIT 99999 00309980-000100 ------ OM09991-O0OM 003100204XXX)OO 0031W30-000OW Y 003100404OWW C 00310050440000 003 1047 �, - Z 0-000000 k 00310480-000000 003104904XXX)OO Cc 003105004)00000 003105104XKX)OO 0031052CkWWW )k 00310940400000 00310950-000000, 003109904)00000 00311000-000000 003110104)00000 C a 00311020-000000 003112004)00000 00311210400000 003112204XK)OW 00311230-OOWOO 00311240-000000 00311250-000000 00311260-000000 00311270-000000 00311280-000000 003112904XX)OW 003113004=000 003113104XXM 00311320-000000 003113304=000 00311340-000000 00311350-000000 00311360-000000 00311370-M00 003113804=000 OM 113 003114804=000 00311490-ODODOO 003115004XXK)OO 00311510-000000 003115204300OW 00311530-000000 003115404=000 003115504KKX)OO 00311560-ODOOOO 00311570-=00 00311580400000 00311590-000000 116 00311610-OO0000 EXHIBIT Revisedi i iRelief Application received i it August 23, 2012 Stan kiewicz-Tiffa ny From: Nataline Garcia <ngarcia@raygarcialaw.com> Sent. Thursday,August 23, 2012 5:17 PM To: Stankiewicz-Tiffany;Grimsley-Susan; Ray Garcia (rgarcia@raygarcialaw.com) Subject: RE: administrative relief applications Attachments: (4)Amended Application 07100483 8.23.12.pdf; (3)Amended Application 07100485 8.23.12.pdf, (2) Amended Application 07100486 8.23.12.pdf; (1)Amended Application 07100479 8.23.12.pdf Importance: High Please see attached.Thanks Nataline Garcia, Legal Assistant THE LAW OFFICE OF RAY GARCIA, P.A. IL4850 SW 26th Street, Suite 204 Miami, Florida 33185 ngarcia(&raygarcialaw.com www.rgygarcialaw.com (T) 305-227-4030 (F) 305-223-9811 This message is for the named person's use only.It may contain confidential,proprietary or legally privileged information.No confidentiality or privilege is waived or lost by any mistransmission.If you receive this message in error,please immediately delete it and all copies of it from your system,destroy any hard copies of it and notify the sender.You must not,directly or indirectly,use,disclose,distribute,print,or copy any part of this message if you are not the intended recipient.THE LAW OFFICE OF RAY GARCIA,P.A,reserves the right to monitor all e-mail communications through its networks.Any views expressed in this message are those of the individual sender,except where the message states otherwise and the sender is authorized to state them to be the views of any such entity. CIRCULAR 23o NOTICE:To comply with U.S.Treasury Department and IRS regulations,we are required to advise you that,unless expressly stated otherwise,any U.S.federal tax advice contained in this transmittal,is not intended or written to be used,and cannot be used,by any person for the purpose of(i)avoiding penalties under the U.S.Internal Revenue Code,or(ii)promoting,marketing or recommending to another party any transaction or matter addressed in this e-mail or attachment. -------- Original Message -------- Subject: RE: administrative relief applications From: Stankiewicz-Tiffany <Stankiewicz-TiffanyCa?MonroeCounty-FL.Gov> Date: Thu, August 23, 2012 5:07 pm To: 'Nataline Garcia' <n ar i ra r i I w.com>, Grimsley-Susan <GrJmsley-Sulsan@monroecouijty-fi.gov>, "Ray Garcia (rgarcia@raygarcialaw.com)" <r ar i _&_raygarcialaw.com> Only one application was scanned. We needed to see all four scanned amended applications. From: Nataline Garcia fmailto:ngarcii_@raygarcialaw.coml Sent: Thursday,August 23, 2012 4:31 PM To: Grimsley-Susan; Ray Garcia Qggrcia(&raygarcia law.com) Cc: Stankiewicz-Tiffany Sub e t RE: administrative relief applications IImportance: High Hi Susan: Please see attached. Thank you, Nataline Garcia, Legal Assistant THE LAW OFFICE OF RAY GARCIA, P.A. 14850 SW 26th Street, Suite 204 Miami, Florida 33185 ngarcia(&raygar ialaw.com www.rgMrcialaw.com (T) 305-227-4030 (F) 305-223-9811 This message is for the named person's use only.It may contain confidential,proprietary or legally privileged information.No confidentiality or privilege is waived or lost by any mistransmission.If you receive this message in error,please immediately delete it and all copies of it from your system,destroy any hard copies of it and notify the sender.You must not,directly or indirectly,use,disclose,distribute,print,or copy any part of this message if you are not the intended recipient.THE LAW OFFICE OF RAY GARCIA,P.A.reserves the right to monitor all e-mail communications through its networks.Any views expressed in this message are those of the individual sender,except where the message states otherwise and the sender is authorized to state them to be the views of any such entity. CIRCULAR 23o NOTICE:To comply with U.S.Treasury Department and IRS regulations,we are required to advise you that,unless expressly stated otherwise,any U.S.federal tax advice contained in this transmittal,is not intended or written to be used,and cannot be used,by any person for the purpose of(i)avoiding penalties under the U.S.Internal Revenue Code,or 00 promoting,marketing or recommending to another party any transaction or matter addressed in this e-mail or attachment. -------- Original Message -------- Subject: administrative relief applications From: Grimsley-Susan <Gri - u onr -fl. v> Date: Thu, August 23, 2012 10:21 am To: "Ray Garcia (rgparciaC&rayga=law.com)" <rgarcJa@raygartialaw.com> Cc: "Nataline Garcia (ngAr&ia(.@raygarcialaw&gm)" <naarcia(d)raygarcialaw.com>, Stankiewicr-Tiffany <$tinkiewicz-Tiffan)60 Mon roeCounty-FL.Gov> Please send scanned copies of all the applications in total today and send paper copies by FEedex. Our agenda deadline is tomorrow. Susan Grimsley,Asst. County Attorney 1111 12th St. Key West, FL 33040 Ph. 305.292.3470 Fax 305.292.3516 Marathon Telephone 305.289.2500 is APPLICATION MONROE COUNTY J y PLANNING& O AL RESOURCES DEPARTMENT r , APPLICATION FOR R)E;SIDEPMAL ADMINISTRATIVE RELIEF Administrative Relief fee:$I,01 L00 r4 r ATTACHMENTS: 1)COPY OF CURRENT PROPERTY RECORD CARDD,2);COPY OF THE RECORDED DEED OF THE SUBJECT PROPERTY AND 3)A VEGETATION SURVEY DATED WITHIN SIX MONTHS OF ADMINISTRATIVE APPLICATION SUBMITTAL„ IF YOU HAVE `q4 ' QUFSTIONS OR WISH TO MAKE AN APPOINTMENT TO DELIVER YOUR APPLICATION PLEASE CALL THE GROWTH MANAGEMENT OFFICE CLOSEST TO YOUR PROJECT. ti JDhn�,.� S C-sIRx�CIC� �5 �V o,,, � 'e� ' Property Owner's Nerve:��� �•�1'�'1� ✓� j (swiw.rCorPDommants Mowing VAS is.■Imrhad6o*IV) Property Owner's complete mailing address: •O L�9 vZ q W KW ® a33D31 Phone•,3C5 - I I Agent's Name:Low QmLe_ r, (Rogai7w for aga":am agm t abodudon faf tlq ROM ' ica6w 8mn as p oix"owners) Agent's complete mailing address: Phone: e 2 Z - qW 0 Fax:'306-2-2-3 (Please attach a notarized statement authorizing representation of this application by all property owners. The statement should read:"1,(ownee's name)authorize(individual you arc authorizing to represent you) to represent my property for this ap lication DAdministrative lief `i 'e1`'I" Wp a`i an al] U*aS and S L�f 1-1fi- L04- ..(p PROPERTY DESCRIPTION: Lot-Block 1 Subdivisionl*cmn arm 11 L Key(island): IhIA P1 V)b Street:.................................. MM:.................RE:!]I(7?510.ZOt3fXJ00 If metes and bounds,attach legal description on separate sheet. Building Permit Application#: Date of most recent ROGO application: What kind of administrative relief arc you seeking? ! Q, 0 CC(t o r) 0 Co--i i on Now:Pwwanr ro t�nraa Couny Cow pn f BoaW of Canty todpa R to if the duignata l Tim; II,111-A(Spxiat Protecgion Ater}or In an nanwamrftuni la auim6la for affor8ppk honsiaa. 13 '9 a► NOTARY: TJ`Y 1 t7 STATE OF FLORIDA n Signature COUNTY OFjgL -b vat The foregoin signature was acknowledged before me this day of U �,20, _ BY A who is personally known to me or produced (PRIMP NAMIKUY PERSON SIGNING) as identification. My commissi e i : 101-AX Ar Nommeffm Signatttreofhlotary f6blic,StatcofFlorida try ►9E MvM9 le tW" TO BE COMPLETED BY STAFF-DATE; 111 ROGO APPLICATION* Page 2 of 2 Adm Relief Residential Application Dec 8 20]0.doc Applicants Initial and dace: APPLICATION MONROE COUNTY PLANNING&ENVIRONMENTAL,RESOURCES DEPARTMENT r p 4w A, Ji( APPLICATION FOR RESmENTIAL ADMINISTRATIVE RELIEF " Administrative Relief fee:S 1,0 11.00 " , ,k,.1�� �� Monroe County Cade Section 1.I8-27 f Requirements forddpdnts1ralive Reif, puoi y P (1) If an applicant for an allocation award: a. Whose application has been dmicd an allocation ammal for four C41 successive YMM th Permit Allocation Sys,and falls to receive an allocation award,Said applicant may apply toe the board for administrative relief pursuant to the terms and conditions set forth herein;and b. Whose proposed development otherwise meets all applicable county, state, and federal regulations;and c. Whose allocation application has not been withdrawn;and d. Who has complied with all requirements of the Permit Allocation System;and e. Applicant follows procedures for administrative relief contained in the land development regulations. (2) An application for administrative relief shall be made on a form prescribed by the Director of Planning and may be filed with the Director of Planning ao earlier than the conclusion Q(the f � ft uldl annual allocation period. (3) Upon filing of an application for administrative relief;the Director of Planning&Environmental Resources shall forward to the board all relevant files and records relating to the subject applications.Failure to file an application shall constitute a waiver of any,tights under this section to assert that the subject property has been taken by the county without payment of just compensation as a result of the dwelling unit allocation system. (4) Upon receipt of an application for administrative relief,the board shall notice and hold a public hearing at which time the applicant will be given an opportunity to be heard. (5) The board may review the relevant applications and applicable evaluation ranking,taking testimony from county staff and others as may be necessary and hear testimony and review documentary evidence submitted by the applicant. (6) At the conclusion of the public hearing,the board may take the following actions pursuant to Monroe County Code Section 138-27(t)and Monroe County Comprehensive Plan Polley 101.6.1 and Policy 101.6.5: a. Offer to purchase the property at fair market value as the Board of County Commissioners preferred action if the property is located within: L a designated Tier 1 area; 11. a designated Tier 11 area(Big Pine Key and No Name Key); a designated Tier III-A area(Special protection Area);or iv. a designated Tier M area on a non-waterfront lot suitable for affordable housing. "Pair market value"shall be an amount which is no less than ad valorem valuation in the Monroe County Real Property Tax roll for the year t992. b. Permit the minimum reasonable economic use of the property."Minimum reasonable economic use" means; as applied to any residentially zoned lot of record, which was buildable immediately prior to the effective date of the Plan,no less than a single-family residence. C. Suggest such other relief as maybe necessary and appropriate. (7) Limits on administrative allocations per quarter. The number of allocations that may be awarded under administrative relief in any one quarter shall be no more than fifty percent of the total available market rate allocations available in a quarter for that subarea. Any allocations in excess of fifty percent shall be extended into the succeeding quarter or quarters until the number of such allocations is fifty percent or less of the total number of market rate allocations available to be awarded. (8) Refusal of the purchase offer by the property owner shall not be grounds for the granting of a ROGO allocation award. Page 1 of 2 Applicants Initial and date: Adm Relief Residential Application Dec 92010.doc EXHIBIT I PrOPertY Search--MO=e CouMy Property Appraiser Page I of 3 Karl D. Borglum Property Appraiser office(305)292-U20 fax(305)292-3501 Monroe County, Florida Websfte tested on Intamet Ex0orer GI S Mapptng requires Adobe Flash 10.3 or',high6r. ,(An Export Map widget Is in the lower left comer.) Property Record View Alternate Key:1382353 Parcel ID:00310240-000000 Ownership KEY Ownership Details Mailing Address: AM Ownem 1, NI AKIMS jOKN K RM,AKINS JOHN WAND GLENDA AKINS JOM WAND GLENDA PO BOX 2416 KE Ney L R: Y LARGO,FL.33037 Prop" Details PC Code.00-VACANT RESIDENTIAL mnlap Grow loom Affordable Housing;No S0cs*r'_"owrnh1P_ Rarw; Property Laced=VACANT YMTERS LN NO PINE KEY $ubdNislon:DOCTORSARM L"W Description:SK I LT 23 AND SLY 28 FT LT 24 DOCTORS ARM SUS P193A41 BIG FINE KEY OR409-=85 OR78& 101 0R"O.W1102 ORI 384,W OR2101-1457 OR2404-541 QIC IN �J r Land Details Land Use Code From"Is Land Area MIOW-RES WATERFRONT 0 0 OOSF Appraiser of -SLY 2F OF LOT 24(RE 00310250-O00000 AK 138236I)HAS NOW BEEN COMBINED VWM THIS PARCEL PER OMERS REQUEST,DONE FOR THE 2007TR JDC 2007M5 PERMIT 0 071 OG479 FOR SFH IN PROCESS PER BLDG DEPT(JDC) Parcel Value History Certified Roll Values Property Se9areb--Monroe County Property Appraiser Page 2 of 3 View ax2LjQLLhI P reel. ' Roll Total Bldg Total Rift Total Land TOW Just Total Aeesaeed school School Taxable Year Value ImProvenI Value Value IMa Value Value F.Kglnpt Value Value 2011 0 0 T2,308 72,308 72,306 0 72.308 I 2010 0 0 M700 902,7W 1.OZ760 0 102,760 21107 0 0 902,T60 102,760 IM760 0 102 780 . B ll, 2008- 0 0 117,440 417.440 1174/0 0 117;440 R 2007 0 0 411,040 411.0411 411.040 0 411,040 0 0 127,a00 12T 500 127,500 0 127AW 2005 0 0 127,50D 12711 127,500 0 127.500 0 0 51.000 59,000 51,000 0 51,E 2903 0 0 44,825 44.625 441625 0 44,828 2002 0 0 44,625 44,025 44.625 0 44,626 2001 0 0 44,M 44= 44,6Za 0 44.626 2000 0 0 44,623 26.775 20.775 0 25,775 1e99 0 0 44,825 26,776 28.775 0 26,775 1998 0 0 44.825 20.775 26,775 0 28.776 1901 0 0 44.525 26.775 26.775 0 2$775 loss 0 0 44,829 28,776 26,775 . 0 4775 ION 0 0 44.625 44.625 441025 0 44,625 1984 0 0 44M 44.025 44,625 0 44,625 loss 0 0 44,625 44,825 44,625 0 44,025 9992 0 0 44,025 44,825 44,82a 0 44,825 1941 0 0 44,025 44,626 44,625 ,0 44,825 9994 0 0 41$60 41850 41,650 0 41,e50 loss 0 0 37,025 37,04 37.828 0 37,826 1988 0 0 25,500 2$,500 25,500 0 25,500 1287 0 0 26,500 25503 25,500 0 25;5W Iona 0 0 25,500 25,50D 25,500 .0 1 less 0 0 22,000 22,000 22,000 0 22,000 i 1s" 0 0 22.000 22,000 22,000 0 221,000 , 9983 0 0 22,000 22,000 22,000 0 22,000 1982 0 0 15,909 16.900 95,909 0 15,909 I Farce! Sales History NOTE:Sales do not generally show up in our computer system until about two to three months after the date of sale.If a recent sale does not show up In tht9 list,please allow mote time for the sale record to be prooessed. Thank you for your patience and understanding E sale Deb oltclal ReOPrS!Boo P Prlu 1ratrument Qualincatbn 2404/641 100 QC 2 ' 2101/1457 1 V4O l l._ ,^..,..,,,,m........_... ,..._.............................._.,_,,,,, ,...,.,,..........,,,,m.....,......... ,,,..,,_._........................ ...........,._.,,...........A NI Property Search--Monroe County Property Appraiser Page 3 of 3 This page has been visited 109,262 times Monroe County Properly Appraiser Karl D.Borglum P,Q..Box 1176 Key West,FL 3 304 1-1 1 76 i vegetation jurvcy PROJECT A JNS DEVELOPMENT LEGAL DucstFraqu BLOCK 1.LOT 23&PORTION OF LOT 24 DOCTORS ARM,BIG PINE KEY REAL ESTATE UIRAM 00310240-000000 10/30/2-011 71 TINGLER LANE.MARATHON.F'L33050 WW W JUUE_,CHEONQHOTMAIILCOM PHONY(305)395.1985 FAX(305)743-4587 4 _ ���ills�>leon �':n'viroum�ental Ca�snai � ;� d�;ro;�� 4+>ti. P�od' 7r., _tfi P"I'C 23 i}L N",.i d',;o N a M 0, 6•.n t^ P,'Y;w's The following report includes a site.description,a list of vegetation located on site,and a map indibating'the locaton of relevant feitffds add all Listed-speofts. Site visits were performed on October e,VA and 26'",2011. SiteSite PgacriWon: The above referenced parcel is approximately 14,680 square feet(sf)and is located in an improved subdivision. The parcel is bordered on the north and wrest by similarly vegetated vacant parcels,on the south by a paved mad,Watson Souleved,and on the east by an open water shoreline. Please see"Attachment X'for a location map. The property is located within the National Key Peer Refuge. A deer was observed onside. Two species of butterflies were also observed;Suymon app. and Danaus spp. The parcel is disturbed and, with the exception of the shoreline, is predominantly vegetated with gmuadcovers. Some substrate was impenetrable while other areas had a thin layer of sandy substrate. A low lying area along the southwest portion of the parcel has a stick mucky substrate tudic4akm of wetlsnds. The land appears to have been previously used for a trap yard,as trap debris is located on site. Areas of concrete wash- out were observed. Shell fragments,presumably scraped from traps,are located on the property. Deer scat is located throughout the property. The shoreline contains a mix of mangroves and buttonwood. The Monroe County Habitat Maps classify this parcel as "Undeveloped Lands." The parcel is predominantly vegetated with Mdropogon glomeratus, Phyla nodii lora, Fhnbrtstyla cymos4 Sporobolm vwginicus and Distichlls spicata. Many of the species located outside of the shoreline are considered species that inhabit wetlands. There are pockets of algal growth on the parcel,with some well formed scattered algal mats. With the exception of the aforementioned soil, no other wetland indicators were located outside of the shoreline. Portions of the parcel are likely jurisdictional werlanda.Formal jurisdictional determinations from the Florida Dopertment of Environmental Protection and the Army Corps of Engineers are recommended. Vegtative Spycie�te: There are three Listed species (Conocarpm erectus, Phyla na&lore, and Galactia volubdis)'and three state protected species(mangroves)on site. A species is considered Listed if it is designated Endangered(E),Threatened CT),Regionally Important(RI),or Commercially Exploited (CE),or if it is a Native species greater than 4" diameter at breast height(N>4"dbh). All Listed species require mitigation if impacted by YAXiro �xeItOtly men fAWA n In 108_4 ;�.i' i.hiclar'.Alin QV iew:, . 1U follaw�ng repott includes a site description,a list of vegetation located on site,anti a map indicating the location of relevant feahsres and all listed species. Site visits were performed on October 8d`,22id and 20,2011. Site Descdlaimt: the above referenced parcel is approximately 14,680 square feet(sf)and'is located in an improved subdivision. The parcel is bordered on the north and west by similarly vegetated vacant parcels,on the south by a paved road, Watson Boulevard,and on the cast by an open water sboreline. Ple see"Attach ment A"far a location map. ase The property is located within the National Key Deer Refuge. A.daer was observed onsite. Two species of butterflies were also observe!;Sbymon spp. and Danaus spp. The parcel is disturbed and, with the exception of the shoreline, is predominantly vegetated with groundcovers. Some substrate was impenetrable while:othar area had a thin layer of sandy substrate. A low lying area along the southwest portion of the parcel has-a stick•mucky•substrate indicative of Wetlands. The land appears to have been pfeviousiy used for a trap yard,as trap debris is located on site. Areas of concrete wash- out were observed. Shell fragments,presumably scraped from traps,are located on the property. Deer seat is located throughout the property. The shoreline contains a mix of mangroves and buttonwood. The Monroe County Habitat Maps classify this parcel as "Undeveloped Lauds." The parcel is predominantly vegetated with Andropogon glomeratus, Phyla nodylora,„ Fimbristylis cymosg Sporobolrrs virgintcus and Distichlis spicata. Many of the species located outside of the shoreline are considered species that inhabit wetlands. There are pockets of algal growth on the parcel,with some well formed scattered,algal mats. With the exception of the aforementioned soil, no other wetland indicators were located outside of the shoreline. Portions of the parcel are likely jurisdictional wetlands.Formal jurisdictional determinations from the Florida Department of Environmental Protection and the Army Corps of Engineers are recommended. VeRewivc S ies of Note: There are three listed species (Conocarpus erect=, Phyla nodii fora, and Calactia R volubilis)and three state protected species(mangroves)on site. A species is considered Listed if it is designated Endangered(E),Threatened('I),Regionally Important(Rd),or Commercially Exploited(CE), or if it is a Native species greater than 4" diameter at breast height(N>4 dbh). All listed species require mitigation if impacted by V 4 n u Ju]nebhOt z. —; ��TT, _poll „ -3 WON tl lay"�it i.Dj,c'.3 G 1 tpt"n V w 24, development.All-Conocarpm ereetut have been tagged on site with orange tape.Due to thedelicatenature and short stature ofthe.G.volubllb oalyrepres0y"ve speelmen were tagged.'Due'to the prevalence and the mat-fomung irvwth pattern of the.Phyla nod*ra individual species were not always tagged. When passible individual.specimen were identified. In areas where the density of P.rrodiflora or the location of plants mixed with dense groundcavers prevented the identification of individual specimen firm being determined the number of specimen were estimated as follows: Observation of individual specimen indicated that a mature plant spread to an approximately a 3'x 3'area for a total of 9 square.feet Areas with dense coverage wart measured and the number of species estimated utilizing the formula of 1 specimen for every 9 square feet. To facilitate enumeration the parcel was divided into transacts as shown in "Attachment B." The number of R mdiylora located in.each section is indicated on the map. Monroe County Code requires monetary mitigation for all impacted'species. The mitigation amount is calculated by Monme County depending on the species and its size. All protected species arc shown on the attached map. Please node tbat locations arc approximate due to the density of the vegetation and the limitation of the measuring device used(measuring tape). Appropriate permits must be obtained from Monroe County prior to removal of any vegetation. Please consult the Monroe County Biologist for specific requirements. Please feel free to direct any questions regarding this report to the author at the above referenced contacts. s B 0 G G ' pl�et�n + viapstmpntant� tlMy _.,toss. 1 , M 5pedes List .. S®ientific Neste COlrtr tOa h e Status WetZartd Status No��.t Ar4wpaganglameru r BWOW Grass N FACW(DEF)FACW+OM Predominant AvimWdagerminaw BlaokMangrove N OBl>(DEF,NVR) Bads marl(hxa .Sal MO N OBL(LEF,NWI) Sboretine BkkwAlba BeggarTiehs N Bhelap ,onvarmladlam Samphire N FACW(DEF)FACW+OM Sborelinc Barrrehla frule—m Sea Daisy N OBL(LSF,mm Cendow$pp Sandsim N mesem"nawmFfolia Coastal Beach Sandmat N FACU OM Coro caTur arcane Green Bu>tanwood N FACW L}yeovs ligrdarts Bolt Rash!Swamp Flat Sedge N FACW(DEF,NWI) Fit Dlsdekhr,rplaraa &itGnss N OBL(I)MFACW+(NWO Predominant Eusroma exalua m Seaside Gentian N FACW FimbrlW`'s 47rOSa(at-F. Hurrioune Grass N FAC OW)FACW(Nkri) Frequent Rarl?H&II Xeliowtop N FACW GaI.I vohebtldr(aka Eastern Mitiq= RI FACU(NWI) SHMM Lagu--id-toY=amara }witoMarlgrove tJ OBL CEP)FACW+OM) Adalmda scandsnss ambing Hemp Vine N Phyla noa7Jlora Matchweed RI FAC(DEP)FACW(NVM AW-phora mm;gL Red MangroveN OBL(LF3,MM She Fmtscted. Srswtum pwhdacastrsm Seapurstane N FACW(DEP,NW) SpergeacacaverdcLfkA2 Shrubby FalseButtoowead ex Sporobohn vir h*w Seashon Dropseed N OBL(L£P)FACW+CM) Prevalent 'Unidentified Grass 'Unidentified Grotmdcover Key -status CE ' Commeidally'Explolted All Protected ex Exotic non-nathm(maybe naturalized) END Endangered All Protected 1r3( Invasive Exotic Removal Prior to CO Required N Mve >4'dbh protected RI Regionally Important All protected T Threatened All Protected d 0 �.w� ) �. �� � ., I �y. M �.N ..:�A� 1� � � +tYJ � ����,,.m. a __.. ,;,��.b i a•5. �� °�M14 � ri:4 I�� �I 1 Y 1�m F' � i �m � � P r rr �i M �III � ....I....'I� Ilia �' I I I I � I I� I M YiW ���� � � �� �� w r�W p.ter. �A � n � �.' �;',. ... �m'w � I w„ � I III I �a id I 4i�ll I�ri, W Y�I w� 6 �� y ��tVl'p il'�I ,. M �F „� r ���, v� � ��' r rt � , hrom� d e ( � 4 i I' � I w�.. y�, v V� h �E y �� "�„ � I � .�. �, j ti I � � � .� ;7�, !E i J � �Y'tl N l I. � .��, r u ' w , ob r,s� i... u � 99 YW AA .t r M f' ytl mQ. a i I k EXHIBIT 3 ADMINISTRATIVE RELIEF SOUGHT On March 2010, the applicant John K. Akins, filed an appeal to the Board of County commissioners about the reduction of ROGO points and the rankings approved by the Planning Commission March 10,2010 under resolution 04-10 which affected his ROGO applications in regards to this subject property. The appeal was based on the original scoring of the property by Monroe county as being in an AE flood zone when the property according to Monroe county was in allegedly in a VE flood zone(-4 points). The actual VE flood zone point change placed on the subject property occurred when the planning commission approved quarterly rankings on June 10,2009.According to Monroe County,on or about April of 2009,the Planning&Environmental Resources Director reviewed the documentation in regards to this subject property that was in the County files such as flood zone maps, survey,and plans and determined that a scoring error occurred by the Monroe County staff regarding the flood zone point allocation on the subject property and the Director further determined that the scoring errors occurred on the four applications of the applicant.Based on the findings,the Department changed the applicants ROGO rankings for the subject property. The applicants rankings moved down approximately 18 places in the ROGO system,To better understand the impact of this error by the staff of Monroe County, the rankings prior to the change showed the applicants ranked 22,23, 24,and 25 and the next rankings with the alleged corrections showed them at 40,41,42 and 43. Because the staff concluded that the property scoring was to be adjusted to reflect a VE flood point deduction,the applicant has suffered incredible financial loss,especially considering that the development that had begun on the subject property had io be halted V and substantial monetary loss has occurred.The applicant believes the initial scoring was correct and the surveys on record in this matter reflect an AE scoring.The administrative relief sough by the applicant is that the property scoring be corrected to reflect the points entitled to the applicant and subject property under an AE flood scoring along with additional points that are in order for time passed.In the alternative the applicant seeks a building permit point allocation in order to obtain the necessary permits to build, EXHIBIT 4 County of Monroe CFE wth hcuuwmeat Division 2M pms�bto Owk.a as Mkmkd%FL L%wa Khm"''OCIi _ 1. Vci= (305)239$500 Hemstxodw%VoL3 FAX p05?219-Md Mark DI Gk pc,WIL 4 WezWwmbrgip► mrdfm1' CBRTHM MAIL 70062150 0001 04881131 Apr1127,2009 John Akins 107 Rini Teaaoa Kay Largo,FL 33037 R& ROGO ApplirWWS 07100486;07100479;07100485;07100483 Deer Mr.Akins: The plUwW do BnvhO=xaW RmMes Department hm Found a awft anon ac ROGO spplfcsbioae 07IM4ft 07100479;071004951,0710003. The proposed deveic;�in each of 6w npglics6 ma is located in the'r flood zone Therofom,oath gOca/ion.has bees given tha 4 pciat es ipment for bang located in the IV zone spacial flood hazaid area. W causct me at 305-7,9-2513. Sr.Planning Tak r oc: Townley Schwab,Flaming&EavirwMeaW ReMMM DirectDr 0 XHIBIT 5 t MEMORANDUM MONROE COUNTY PLANNING&ENVDWNMBNtAL REsouRces DEIPARThmrNT weSatreV bse"fag profasfwmr—dfi* 3'0: Planning Commission From: Tiffany Stanidewicz,Development Admini7&Eu Through: Townsley Schwab,Sr.Director of PlanningZ- anwReso="—;�r Date: September 17,2010 Subject: Reskdential Dwelling Unit Evaluation Report for Big PmoNo Nam Key Subarea Quarter 4,Year 18 Meeting Date:September k 2010 continued to Septsw&er 22,2010 1 This report has been prepared pursuant to Section 138-26 of the band Development Regulations 2 (LDRs). The proposed residential dwelling unit rauldaga (Big PindNo Name Key Subarea) 3 attached to this report are for the fourth quarter of year eighteen which covers the period April 4 13,2010,through July 12,2010. 5 6 D BACKGROUND MZ MW 2TON, 7 8 The public herring for the Big Pine/No Name Keys Subarea ROGO allocation and ranking 9 determination was continued by Ire Planning Commission from September 8,2010,to let Banks 10 Prevatt present information on behalf of Mr.John Akins regarding flood zone smring comectiew 11 for properties identified by real estate numbers 00310220.00MM,. 00310240.000t>00, 12 00310280.000000,00310260.000000. 13 � . 14 A.HISTORY OF AKIN$ F CA 15 16 On March 30, 2010, the applicant,John K.Akins, filed an appeal to the Board of County 17 Commissioners about the reduction of ROGO points and the rankings approved by the 18 Planning Commission March 10, 2010 under Resolution 04-10 which affected his four 19 ROGO Applications. The subject parcels and applications are under the'ow=skp of John 20 K Akdas,Jahn W.and Glenda Akins. The appeal is based on the vrigal incorrect scoring 221 of the properties as being in an AE flood zone when the properties are,la fact,in a VE flood 22 zone(4 points)_ 23 24 Monroe County Code Section 138-1,Apt states that an appeal from the decision of the 25 Planning Commission on a ROGO allocation shall be made to the Board of County 26 Commissioners within 20 days of The Planning Commission's decision. The filing of an ���a I appeal does not gray anther the action of the Planning Commissioa or the action of the 2 Planning Direceor. This appeal of the approved ROGO Ranldags by the Planning 3 Commission from March 10,2010 was filed in a timely manner. However,the actual point 4 reductions and ranking changes occurred in June 10, 2009 by Planning Commission 5 Resolution P23-09.The Code does riot spocify that the appeal must follow after any specific 7 quarterly ranking.8 Originally staff was prepared to schedule the appeal at the June 2010 Board of County 9 Commissioners meeting. However,prior to the agenda deadline,Mr.Prevatt requested that 10 the matter be heard at the July 21,2010,Board meeting,which request was granted.On July 11 20,2010,Lee Rohe,Esquire,requested the appeal be deferred from bang presented before 12 the Board of County Coaunissionem The applicants decided to defer the appeal in order to 13 first present their objections to the Planning Commission since applicants may offw 14 testimony about their application at any public hearing concerning ROGO in any quarter(Mr. 15 Rohe no longer represents Mr.Akins in this matter). 16 17 Since the scoring correction, the Pkmmng Commission has roviewod and approved 5 18 quarterly rankings reflecting the scoring cvQections. Neither the applicant nor authorized 19 agent when present at time public hearings. The last approved quarterly rankings for Big 20 Pine(No Name Keysubares were on June 9,2010. 21 22 B. Ap_qlicalions and LapAins 23 24 Applications and Locations: 25 26 1) Building Permit Application&ROGO Application #i07100486 27 Legal Description: Lots 2I and 22,BImk 1,Doctors Arm Subdivision,Big Pine Key, 28 Mourne County,Florida 29 Real Estate Number: 00310220.000000 30 31 2) Building Permit Application&ROGO Application: ##07100479 32 Legal Description Lot 23 and SLY 26 ft Lot 24,Block I,Doctors Arm Subdivision, 33 Big Pine Key,Monroe County,Florida 34 Real Estate Number. 00310240.000000 35 36 3) Budding Pemmt Application&ROGO Application: #I07I00485 37 Legal Description Lot 27 and NLY 51 ft Lot 26,Block I,Doctors Ain Subdivision, 38 Big fine Key,Monroe County,Florida 39 Real Estate Number. 003 I0280.000000 40 41 4) Building Permit AppIication&ROGO Application: ##07100483 42 Legal Description: Lot 25 and SLY 17 ft Lot 26,Block 1,Doctors Arm Subdivision, 43 Big Pine Key,Monroe County,Florida 44 Real Estate Number: 00310260.000000 45 46 fawner: John K.Akins,John W.and Glenda Akins Pap2 of g IAgcmt: Banks Prevan 3 Land Use District:Commercial Fishing Special District(CFSD-8) 4 Future Land,Use Map jFLUM)IUesigllatiort;Mixed UsdComme Fisting(MCF) 5 ROOO Subarea: Big Pine KeylNo Name Key 6 Tier Dad : Tier 2 o f I SWect Prapeslles(onfib"In blue)P"), 9 Whine line shown sqwzdon of the AE Flood Zone and VE Flood Zone 10 11 C. RELEVANT PRIOR COUNTY Y ACIL 12 13 The chart below shows a chronology of application submittal dates (Building Department 14 .gpplicotions to ROGO Applications), description of flood zone mfozimahon provided on 15 Building Application Plan submittals, survey submittals showing flood zone Warmadon, 16 approximate date of scoring error discovery,scoring cantor notification to applicants'address 17 of record,Planning Commission Resolutions indicating swriing error correction 18 Na 1 071ONS6 one"" 0710"a 071064" Rest MAU no. 003f0220.000000 00310280.000000 00310260.000000 00 INOAN= BWMW Application Jan.31,2007 Jan.31,2007 Jan.31,2007 Jut.31,2W7 Date As spbmitted by the Pre Tier system minas Pro Tla Syst—minor Pee Tier System minor Pet:Tier System mums apAkasn the 1 far AE Flood Zeta 6 for VE Hood zone 6 for Via flood zone 6 for V6 flood one Bapolgp;, raw ladicrted /load roar ded■ a exaft Survey Brom Survey l eksaod Entim property to VE Entire properly in VE Entire property Im VE Lawrence P. Frank m4ority of property in swta, zone. Mae. dated Dee. 4, 3006 AE Zane and a small indicated property portion in the VE flood flood roue. zone Our+Ky srrvr, el�end la ztlor Papa afE proparrd rrsldence In t 8411ding Department Reviewed far AE Zone Reviewed for VE sane Reviewed for VE moo Reviewed far VS zone revirwed plan for construction. owatructioo conseucrioo oonstmaian Arm zone conatrndAn. ;Building Departo-W May 30,2007 Jane 6, done 6,2W June k 2007 4pplic+tha m .. i PIsW1ag to Canted a a�iwut to Cofer ° Date p ROW June 12,2007 Juoe 12.2007 June l2,2007 June I2,2907 .APP bnrktad micas sawful of ROGO Application ROGO Applicatim ROW Application ROW Applio dw ROOD Application sapek I u If in AE scored a If in AE sewed as if in AE -cared an if in AE for Quaeier that Tame(a Indicted by Zone(scored in error) Zone(soared in error) Zone(scored in ewer) dosed JuIV 2007. scorlisg Brror Early AOI 2009,past Early April 2009,post Fatly April 2009,pat Pity April 2009,pest discovered Tier Sy4ota should Tier Syarem should Tier Systan slhobld Tier System should love Indihared -4 have ia&mW -4 have Indicted 4 have isdiMW 4 Cobas INDCAS points Points Deft cettir" saes+ Ape 27,2009 Apnl 27.2009 April 27,2009 Aml 27,2009 sent reg.rding Dade +stern ltcoipe May IS,2009 May IS,2009 May IS,2009 May 1S.2009 tray ed ROGO Rankings Pt>onning Corrisslon Pka*n Commission Plmmiag Commission Plowing Commission Quarter 3 Yr 17 Approved Rcsolutimn Appowd. Resolution ApFVvW Resoludm Approved Resolution Indented seartttg M-W.Joe IA 2009 P23-09,June IA 2009 P23-091 Jane 103 2009 P23-09.June 10,2009 earrMMn BA60 Reuktap Plowing Caemodsslan Pkmmimg Commisson Plao94 Cotmdaabn Plsanheg Cwmmisaina Quarter 4 Yr 17 still Appmmd Resolution Approved Rsaohrbon Approved Resolwopn Approved Resahrbw rekl"Cod the P42-0,Sept 2,2009 P42-09,Sept.2,2009 P42-09,Sept.Z 2009 P4249.Sept.2,2009 KOGO Raaklags 1 Planning Commission Planaiw0 Coo m"On Planning Commission Planning Commission Quarter!Yr 1s Approved Resolution Approved Reowtutm Approved Riwoh*n Approved Reaobn cn Continued with P55-09,Dec.15,2009 P5349,Dec.1S,2009 PS5-09,Dec.IS.2009 PS5-09,Dec.15,2009 ROW Rmdit s Planning Commission Pkaumig Cammlum Plamming Commission Planning Commission Quarter 3 Yr 10 Appoved Resolution Approved Resolution Apprnrod RemAubm Approved Raolutiom omt4ued with PO4-10, March 10, PO4-10, Mardi 10, PO4-10, MercJr 10. P0410, Mareb 10, 2010 2010 2010 2010 ROGO Raafdap Plmmuhg Commission Pleasing Comothdom Plowing Cwrmdssipn Pkumisg Commission Qoarur 3 Yr 1E Approved Resolution Approved Resolution Appmrod ResoIhmon Approved Rooludoo con" led wttk PIII-10,Jwoe 9,2010 Pl0-10,June 9,2010 P10.10,June 9,2010 P 10-i Q hero 9,2010 ROGO Rankings Plasmimg Comrrissim Planning C=Mstiom Pla iris Commission Pkmnin Cmadwou u, Quarter 4 Yr It continued the review continued Ore review amtinued the review continued the review eonflnued with of Big Nnd14o Name of Big Pine/No Name of Big Pi=No Name of Big ftWNo Name i eorreccpoints Kay Subarea to Kay Sei m= to Key Subarea to Key Saberce to IScimemberA2010 tmrber 2010 SWaAW22,2010 bee 2010 N' 2 The above chart shows the pertinent information from the initial submitW of the four 3 applications to the Building Dt mxftnent. Three applications contained ialfarmation on the 4 budding plans and stuveys showing the properties Iocated in the V$flood zone,while one p 5 get of build ng plans and the survey inomxecdy showed the property located in the AE Flood 6 Zone. When the Applicants subsequently entered ROGO in June 2007, staff incorrectly U 'a Page 4 oft °u': I scored the applications without a VL flood zone deduction of four points purwant to tier 2 ordinance criteria. Jhe errors were discovered when staff researched the applications based 3 on infi nation from another applicant,received by the Planning Department regarding point 4 deductions for the Vp flood zone. One of the four applications was scored in error based on 5 an incoued survey,which was discovered by staff afk r examining the;,Fk od fi=rance Rate 6 Map(see trap:in the Section B above which shows the property bow+iies and VE..arad g1rt 7 Flood Zane line). 9 On April 27, 2009, the Applicants were sent a certified latter to the address of record 10 regarding the snoring error. A signed certified receipt dated May 15,20M was returned to 11 the Planning Department. Subsequently,the scaring corrections for these applications were 12 ideutified on the approved ROGO ranking;which are avaffiable in the 1r18nning Department 13 and on the County web site. From the iiafonumon in the foregoing&W the rankings veto 14 adjusted and maintained at five quarterly Planning Commission meetings and the applicants 15 did not appear before the Planning Commission. 16 17 D. REVIEW OF APPLICAD : 1$ 19 Mr.Aldus is questioning the reduction of the ROGO points on the f w applications stated 20 above. However, the actual VE flood zone point change occurred when the Planning 21 Commission approved quarterly xa kmp on Am 10,2009(see Resolution P23.M). 22 23 in April of 2009 the Planning & Environmental Resources Director reviewed the 24 docssrnemadon(files,flood zone traps, surveys,plane,etc.)to determine if a scoring error 25 oecurred by staff regarding the flood zone points. After the review,the Director detem"ed 26 that scoring errors occurred on the four applications. 'Therefore,the applicants were sent a 27 certified letter(Catified Mail Return Receipt 7006 2150 0001 0488 113I)dated April 27, 28 2009 regarding the flood zone scoring error, which was signed for on May 15,2009.'The 29 applicants were notified as soon as the error was discovered, 30 31 The Department was compelled to correct the error,in order to preserve the rights of other 32 applicants in the ROGO rankings. The rankings of the applicants' properties moved down 33 approximately 18 places. The rankings prior to the corrections showed tine applicants 34 ranked 2.2,23,24,&25 and the neat rankings wftk the eurrectioua showed them at 40, 35 41,42,&43. 36 37 Mr. Banks Prevatt came into the Planning Department in November of 2009, requesting 38 information about these properties, which was prior to being an agent an the ROGO 39 applications. He later asked for infonundon about as appeal. Appeal information was 40 provided.On March 18,2010,agent authorization was submitted. 41 42 The properties are located in the Big Pine/No Name Key ROGO Subarea This subarea is 43 limited to 8 market rate allocations per year,allowing for 2 allocations per quarter,provided 44 there is enough mitigation to cover the H-value used for allocations. In the quarterly 45 makings approved by the Plarmiag Commission March 10, 2010, the two applicants who 46 received allocation awards each had 20 points and the subject applications of the this appeal Pa`o S of 6 I each had 8 points.On June 9,2010 the Planning Commission reviewed and approved another 2 gnartcdy ranking on Big Piae/No Name Key Subarea,which reflected the applicants V zone 3 scoring. 4 5 It should be noted that these applications will be eligible for Administrative Relief after the 6 quarter;closure of. July 2011. From: the closure of the 10 quertbr after the R000 7 application was made,them applicant well have 180 days to submit four Administrative Relief 8 Applications. 9 10 Time is an alternate avenue available for the applicants to investigate regarding the VE flood i 1 zone designation.Property owners may se*a Letter of Map Revision(LOMR)requesting a 12 revision showing their property is located in a different flood zone. There has been a 13 property in Doctors Arm that recently obtained a LOW The applicarts may contact Diane 14 Bair, Special Project&/Floodplain Administrator for additional it%rmetioa regarding this 15 process. 16 17 As an aside,the applicants should contact the surveyor regarding the need for a corrected 18 survey and also, should contact the Monroe County Building Department regarding any 19 building plan corrections that may be required for the property identified with neat estate 20 number 00310220.000000. 21 22 Staff concludes the scoring was correctly adjusted to reflect the VE flood point deduction. 23 However,if new evidence is submitted to show the properties are in the AE DOW zone and 24 no portion of the structure is located in the VE flood zone,then the points could be positively 25 adjusted accordingly. 26 27 LO Ed MUFMa 28 29 Monroe County Code Section 138-26(6)(3).The basis for any planning commission changes in 30 the searing or ranking of market rate applications shall be specified in the form of a motion to 31 adopt the allocation rankings and may include the following: 32 33 a An error in the designation of the applicable subarea. 34 b. A mistake in the calculation of dedicated or aggregated loWlend. 35 a A mistake in assignment of the tier am designation in the 36 application. Such a mistake in reading the tier designation in 37 applying points for the application, any change to the tier map 38 must go through the procadnres for amendment of the tier reap. 39 d. Any other administrative error or omission that may cause the 40 application to be incorrectly scored. 41 42 A review of the Akins applications showed a scoring error was made by staff. Subsequently, 43 staff corrected the scoring to maintain the integrity of the ROGO scoring system. The code 44 allows the Planning Commission to adjust a score if the change is to correctly adjust the score. 45 The applicants' RO©O scores are conroc4 therefore, 6o scores cannot be adjusted to reflect 46 incorrect information or an macatracy is applications or errors by staff to raise an applicant's PKe6 of 6 1 score at the expense of others in the ROGO competition. It is the Planning Commissions 2 obligation to correct an error or an omission that may cause an incorrect score. 3 4 JM 4I.IO(--AUM FACTORS FOR BIG PJIVE4 O Naht�REYSDB�fREA: 5 6 A. Pmsuaut to Section 138 24 the number of annual allocations available is I97. 7 8 B. Section I38-24(c) allows any unused portion of affordable housing allocations to be 9 retained and rolled over into the next dwelling unit allocation year. 10 11 C. Section I38-24(a)(4)allows the Planting Commission to amend the affordable housing 12 proportions during any ROGO quarter_ 13 14 D. Section I38-27(g) limits administrative relief allocations per quarter. The number of 15 allocations that may be awarded under administrative relief in any subarea charter shall 16 be no more than fifty percent(50%)of the total available market rate allocations. 17 18 E. Section 138-24(a)(6)limits on the number of allocation awards in Tier 1. The annual 19 number of allocation awards in Tler I shall be Iimited to no more than three(3)in the 20 Upper Keys and no more than three(3)in the Lower Keys. Big PftWNo Nairn Key is 21 limited to ten(10)allocations over a twenty year period or H=.022 whichever is lower. 22 23 Brow is a table tradking the Tier 1 allocations by quarterlyeat: 24 poult Number 77er Ally-a" Your 48absrr his PI IM&D4&27,7001(DFA= O�i�M Mjtpba 1 03tO2M I Arm.Retie[ 2 Y t6 Big pim MOM I Marimt RWA 1 Y t7 25 26 p. Monroe County Code section 138-25(f) Expiration of allocation award: Except as 27 pmvided for in this division, an allocation award shall expire when its corresponding 28 building permit is not picked up afar sixty(60)days of notification by certified mail of 29 the award or,after issuance of the building permit. 30 31 G. Monroe County Section I38-24 allows a total of 8 market rate allocations per year for the 32 Big PinelNo Name Key Subarea. 3334 H. Monroe County Code Section 138-26 allows the adjustment of residential ROGO 35 allocations at the end of each quarterly allocation period of additions or subtractions to 36 the basic allocation available by subarea such as the number of dwelling unit allocation T awards that expired prior to the issuance of a corresponding building permit. y#q(1E VAL UA MAAV HAMAMM,• 42 The evah ati m of the allocation applications was performed by the Planning&Environmeatal 43 Resources Department. Positive and negative points were granted in compliance with the tt i I evaluation criteria contained in Section 138-28 of the LDRs for the Big Pitel No Name Key Sub- 2 arras. 3 4 If applications received identical scares, they were fast ranked by date and time and further 5 ranked based on the applicants with the fewest negative munber of points on the same day. 6 Please note that any excess altocafions approved must be deducted from the next quarterly 7 allocation period pmmmt to Monme County Code Section 138.26(e). 18 � �scoit�8�►n.�x�am� j j A. Market Rate AllocatL Queadec A Year 18: 11:3L The number of applications in the Big Pineft N me Keys was greater than the quarterly 14 allocation awards available. Per Section 138-26(b)(7)of the LDRs, the rankings that indicate 15 which applications received suflident points receive an allombon award. An additional page is 19 attached which identifies the icw a, of each proposed allocatian by island and subdivision. 18 The Market Rate applications that am within the quarterly allocations recommended for Quarter 1 8 4 Year 18 approval are as follows: 21 W foft Name Keys: Applicants ranked l through 2 are recommended for allocation awards 22 bused on mitigation available from Monroe County. Applicants ranked 3 through 44 are 23 recommended to be approved in the order ranked. 24 i, Pwtefs EXHIBIT 6 0Al02/2011 13:42 619-422 2696 CYM.CFLLA VISTA PAGE Ol/95 $ o! } i bsttby=ghmtM L&W OMC&OS BAY GARCW P-1.SHAY GARCM.M-AM PAOLP, MMMS to be lisbd ss au&wim& tit fnr GEMWA AKM for tbo Administtatrre Relmf appimahm subntmd Sot Bmldiag ?omit and YLOGO AWIAX*u# 071OG479,071004M 0710M and 071004K ft Fop-W daMIW ea Lot:21,22,23,24,2% 26 27,Blo&1„SubdivW=-DodtWs Am.YAr.ft Pbae Xmy and heal M1Mte,lumbar: 00310280-0000 %aG.33102 0-009000,OM0240.000 0 and 00310220-DOOM Thi41uthommdott beets CopWm an the date 0dq effl4g k is npWj"d end 8lt U m--is e#6sct mtt+i t=inatod by the Ude,sigaed.Thb anexvizgtion sM as a dmabte poWN of XUOnuey COY far tha purposes stated. Thq md4wgaed VM*Mbgmk the Uouwa hltr4i,rad[a do&Mtiflil Of"Wnpy anvil t AM va*a dbillty(Oros holdW Matme Cou*y+ba,aku)fa cW and a➢of the-dam of tha agent mtmad,:elnted to the eogWsWan 4parmia for the afmwmttiaaed applioaut. NOW Mftelzem is aaeded from Omb qA-W of*9$ pWM-TU*troM 9m4 4W Mato aottwal=6m h,ms must be submitted With 60 appliartioa if&m2m MUMPIO DAnas. t7,rApi&ganaue ��� a&=AKEqS r0atad Nam of Owner(s)/AffN=t NMAA.Y, GA=r�o/L,c r�F STATIC OP couNPY of �1�.J rCi fa;0 1%e forq*g has =ou -a ttalwvwk4oW Wm mo #,is s Y aE Ll.cr601 2011. Gleada w9 _ penally kwm ideT A6i Fes' Type ofTdeati Caiaou A ,aka aA oath• � PpsrwM>6pY.� 2ot4 9 Adnvinir,ra<7rro]teaef AaenLAuFbo�riae!tea�1 of l C m X ti q B f ✓ u BB/02/2811 13.42 614-422-2696 CVH CHULA VISTA PAGE W/05 I h=br xrd==,1.AW OFFICE OF RAY CARa&II.A.,RAY QARC A4 Egq AND moo HuEmm to he listad as m*Drmd agaat for JOHN W. ANTS for 010 Admusiatro"ROW eppBcsdm suhrn#ttat for Baft Permit and ROGO Affbottim 0 manog,071a0aa.t171.0a483 and 071004%for ptopetty dewribsd as JAAI 21,A zis Z4t A 26 27,Mee 1,SabdlvEslan:Dodoes Atm,lay:Blg PIM Key and Real 900o nmabon' 003142804OWW 00310 A"WDD,OMWA 0MW and a03241W000600. Thu+attmar zwm beoonm dwive an file date this affidavit Is vcwri ed end shill tetteeln is effbet m%ttttadtmW by&,aude¢sfpa This m c b a.a a w a durable p0Ww Cf attmmy Gayfwftpuqxm tested The undo Wpcd=dasmuda the Uabllities involved m the granting of this aammY and WAMb faU raspoasibildy(tbm 8 l(cmim Cam*hmmilaw)for any and 09 Of*h, actfm of the agent named,Belated to the scgvW6=of permits for the afot�ed ttppUoattt. Natty AWwr radon is awdled fry each owner of the wMeot property.'1lxaxfaM arts at moss au&otisatioa farms mst bq sW=iMcd with the appUastian 1f dw-sn ntnitiple o W-L . Zowln�v A��, 0"0)/ApOk:sz1tMpStwQ Printed Name of Owners)/Arty N4FA": SrA=OF G A L-1 rof-A.fo ccsrJrrti�a��rF�r� agT msmumat was ackao NWpd 1>afm me this -f >r 6 f 2011. rohe w_ Aktas is _ personai�Y lmowt► r•'�I t 1"Of pkn4.e L r 0,%%c Type of Identific�tlonj, et'I did tam an oe$r. 11 CALfoFNA WiNN e °SMt �pte AQmudprQiivaROlkdA�aAtuhoflratioaPoeart'�t a4'1 ""„W wyW v {Data} I hereby authorize,LAW OMCE OF RAY GARCIA,P.A.,RAY GARC A,F5Q.AND P PAOLA HU]iMES to be listed .as m tharizal agent for JOIN K AMV8 for the A&uaiatrative Relief application submittal for Bmk hug Permit and ROGO Applkcaiior 4 o7100479,07100485,07100483 and p71D0496,for proPerty deacrlbad as Lot:21,22,23,A 25, t o 26 27,Bloch 1,SubeiM&n:Doctor's Arm,Key: ft Pine Key and Beal F+tate mmnber: 00320280-000000,0031112WN0000,00310240400M and 00330220^000M- ¢ s This authorization becorm ova on the date this affidavit is notarized and aha11 remain is effect juAg gated by the tmdersiped.This authmzadon ads as a durable power of attorney only for the purposes stated 'Ilea undersigned understands the liabilities involved m the grousing of this agency and aocxpts fall responsibility(thus holding Monroe County ha=leas)for any and a]!of the wdoa7 of the agent named,related to the sequisition of petnuts for the afm=entioned applicant. Note:Authorization is needed from each owner of the subject proPaty.Therefore,ON or more authorization fours=9 be submitted with the apphcadon if there wee nraltipler owners. ii a)/Applicant Signature Prhaed Name of Omaer(s)/Appllcaut NOTARY: STATE OF COUNTY OF (U,eV.kQ�. lbo foregoing kom mcnt was acknowledged before me this a day of c><. 2011. Job. K Akins is �e[sonalty lrnewn 1 id Type of Identification),did/did oot take an oath: l ems* 'M" L GWVM SuadFb4dY 6 8�*g OP66rCae j Ili, Notary dR AGminishsdva PallefAga t Auftrintion Porn PRV I Of I C H. I C ju u EXHIBIT 7 ID: eUS1122n is e fllia i7A�W Offle s'MaOr�d Parcel h3a ifiesdon htn F%%6d a aMM 0 WIiT L. KOLR M This[asuumem prepared BY and Rgwmio a Tp ssTar t.s�mesy yi.Ts Vbziaia Panael SasnhiwrivoofmaKeys.Im, m1R 2A94 M Mi Kay LYrZ%Florida 33037 QUITCLAIM DEED In"QdhLlmDud.a»1e fQ„^daYoiMrfek.214f.betaeeacAnAACILAxu+3. o.radermu �w a n .t].ff�rw...s..O a .'nAf Lib}iStrew,aed JOHN W.AXIM ma GLVXDA AC1N5. kaband sod safe"d JOHII K AKINS ymWs widr ri)t4ts of asvlmriip sryase sddrtaa be lA.Hoc 246, Ker Luv%Flealda ism.Orr m. WNwnwl4 Wal the Geamam hrSW in mWoratiea of*s mm nf--TEN h N01100(S 10.00)-•^^ —DOLLARS.and odor good and vdw&h comiderobno to Grasmr is hard paid by Gramm,art NOW of which is b mby ac m*w1@cl@4 lave VMW hinvolmed and gttbcU owd m tbs said Ommm sad Oraefee'a bow a# fywm,the hbovft dnmyW hmd,almate.I t and bat m do CO=W of MONRM SW Of Fkd&L 04* Lots 19,A 21,A 23.24 A 26 asd 27,Bisdt t,AOCTOH'S AIM SUBDIVL$ION,amerdbtt to rye Mat rhorWa marled ti Mat Hoak 3,PW 163,orOm Fablic Raeerda of Mauve Crimp.Flerlds. THS pRoMTV DBSCROW HMWN M VACANT LARD AND DOU NOT COM77TUTE THK HOMWMAD 0 F THE CRANTOR,NOR IS Tr 0ONnGIl00$T@ERETO. To Hive atd to DOW dx alms mycdmr with W and sbgft*Wa Wmasom ONe1mO bobatint Or in m*90 eppalb&jy.ad all be as"I#K fid&ime"link egsitY and clam vhmbnvcr of Gana,darer in law or aW ft.am Or■se,boa&and PO of do aid Gasttsa forysa- u N7men Whereof,do Oaamrlas bmtolo act her hand and"dot dsY and wu&H show vdo� Siywd.a led dd d m aurprsemoa: n � wl4f a AIMS pp.Box 246.Key Lap.SwWa 33037 Ra1H Prins N e fNN i- ram Name STAT9 OF FLOxmA COUNTY OF MONROE The faeFohg imosmpr[vat iKkw Wg d bdbm me da. 3 of MwcjL 2004,by CA1IpACE Aims who b pc mmby hmwa to Ora or wbo ha µod,10d a' �- 36AI ,. $+'w printed Newry Sipabaw My Coaasissioa �p qr Y • mM OMCIfL RGCOROS Pik Y 0962A0 . rr �. L� Administrative pRI The Law Office of Ray Garcia, P.A. 1�1 T Attomey at Law Florida Civil Law Notary 14850 SW 26"'Street Southern District of Flonda Suite 204 Middle District of Florida Ray Garcia,Esq. Miami,Florida 33185 Northern District if Florida Board Certified in Real Estate Law Tel: 305.227.4030 Fax: 305.223.9811 11 O'Carcuit Court of Appeals ma—r—cia@Mearcialaw.com www.raygarcialaw,com ***Sent via UPS*** January 20, 2012 Pl ng & Environmental Resources Department Attention: Tiffany 2798 Overseas Highway Suite #400 Marathon, Florida 33050 Re: Applications for Residential Administrative Relief for Loan Numbers: 07100479, 07100486, 07100485 and 07100483 To Whom It May Concern: Enclosed herewith, please find the original fully executed Amended Applications for Residential Administrative Relief for the above mentioned loan numbers along with payment for same. If you have any questions or concerns in regards to the above mentioned matter, you may reach me at 305-2274030. Sincerely, R ar Enclosures RG/ 3. A P'L1 AT1 %i MONROE COUNTY FIANNING&ENVIRONMENTAL RESOURCES DEPARTMENT r PA APPLICATION FOR RESIDENTIAL ADMINISTRATIVE REL, F Administrative Relief fee: 1,0I I.00 ATTACHMENTS. I)COPY OF CURRENT PROPERTY RECORDCARD,2)COPY OF THE RECORDED DEED OF THE SUBJECT PROPER AND 3)A VEGETATION SURVEY DATED WITHIN SIX MONTHS OF ADMINISTRATIVE APPLICATION SUBMITTAL. IF YOU HAVE QUESTIONS OR WISH TO MAKE AN APPOINTMENT TO DELIVER YOUR PLICATION PLEASE CALL THE GROWTH MANAGEMENT OFFICE CLOSEST TOO YOUR PROJECT, Property Ownee s Name 1 % r (Busluess/Corp Documents showing who is authorized so sign) Property Owner's complete mailing address: c �- `Phone. a Talc:--- - "- -- `------------ Agent°sN e: r tRequired For sgenis:are agent autho intion For the ROGOApptieapon F sit owners) Agent's complete mailing ad s:! 0 SIT LM i a rV7a Phone: (Please attach a notarized statement authorizing representation of this application by all property owners. e statement should read:°°I,(owner's name)authorize(individual you are authorizing to represent you) Fle to represent my property for this ap lication for Ad ` i` `vve elie PROPER DESCRIPTION: Lot Block k Subdivision Key(island): i t Street: Pv M: .RE: ._a_^_ If eyes and bounds,ar ra7ch legal descrfpribn on se rafe sheet. Building Permit A lication#; 0-1 woLASt) Date of most recent ROGO application: ► 2-00-7 t� fr What kind of admini tine relief you seeking? - `A ti a t i 4 4 � Lk`aa Moon Pursuant"to Monroe County ty Code preFetred Board of Coumy Commissioners action is to offer purchase if the prop i ' nated Tier 1, 11,111-A(Special Protection Area),or Ill on nonwaterfrom lot suitable for affordable housing, NOTARY: STATE OF F11 ORI P,A Ap cant°s tgnature COUNTY4 e foregoing signature was acknowledged before me this ay of _- 20 I3y who is personally known to me or produced (P NAME OF PERSON S1G:3IarG) as identifications y coo lesion expires: l Signature of ry Public,State of Florida IMP WWW TO BE COMPLETED BY STAFFa DATE: ROGO APPLICATION# Page 2 of 2 Adnn Relief Residential Application Dee 8 2010.doe Applicants Initial and date: The Law Office of Ray Garcia, P.A. F. Attorney at Law Florida Civil Law Notary 14850 SW 26th Street Somhern District of Flonda su Suite 204 Middle District of Flonda Ray Garcia,Esq Miami, Florida 33185 Northern Disinck of Florida Board Cenified in Real Estate Law Tel; 305-227.4030 Fax: 305.223.9811 1 Vh Circuit Court ofAppeah rgarcia(@,rav,-,arcialaw.com www.raygarcialaw.com Sent via Overni ght UPS January 6, 2012 D RE a W 1E , Planning & Environmental Resources Department MiN 09 20'12 2798 Overseas Highway Suite #400 MONROE CO-PLUNING DEPT. Marathon, Florida 33050 Re: Applications for Residential Administrative Relief for Loan Numbers: 07100479, 07100486, 07100485 and 07100483 To Whom It May Concern: Enclosed herewith, please find the original fully executed Applications for Residential Administrative Relief for the above mentioned loan numbers along with payment for same. If you have any questions or concerns in regards to the above mentioned matter, you may reach me at 305-2274030. Since ar Enclosures RG/ 4 -D APhV.•ICA'°(Tu N' MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT v APPLICATION FOR RESIDENTIAL ADMINISTRATIVE RELIEF Administrative Relief fee: $I,01 I.00 ATTACHMENTS: 1)COPY OF CURRENT PROPERTY RECORD CARD,2)COPY OF THE RECORDED DEED OF THE SUBJECT PROPERTY AND 3)A VEGETATION SURVEY DATED WITHIN SIX MONTHS OF ADMINISTRATIVE APPLICATION SUBMITTAL. IF YOU HAVE QUESTIONS OR WISH TO MAKE AN APPOINTMENT TO DELIVER YOUR APPLICATION PLEASE CALL THE GROWTH MANAGEMENT OFFICE CLOSEST TO YOUR PROJECT. Property Owner's Name: a (Busiaess7Corp Documents sbo,riag who is authorized to sign) Property Owner's complete mailing address: m m Phone: Fax'. ....:. w�w °.... g m A ent'sName: 7 m " . a are authonzanon for the ROGO Lion fr _... (Requited for agents' agent Application from all property owners) t Agent's complete mailing address:_ .t t ®t B Phone: ..� mmmmmmFax: r (Please attach a notarized statement authorizing representation of this application by all property owners. The statement should read:"I,(owner's name)authorize(individual you are authorizing to represent you) to represent my property for this applicatio Administrative Relief'. PROPERTY DESCRIPTION: Lot dock Subdivision , , MM: RE: % If (island): , �, � p p�,ti .�.y. .. ... ...._. IC Island : w Street I metes and bounds at h! a!descn tio�n on se orate sheet, Building Permit Application#: ...LlQ. �%,. .. Date of most recent ROGO application: ZyyfOa 1 m- �,�, .... ......_ What kind of administrative relief are you seeking? m „mmm m ... s TM �1 f� 1 • Y, ,4- _ ...... ....... ... ..._. �� __... Now Pursuant to Monroe County Code preferred Board of County Cmmssioners action is to offer purchase®Fria T^ It,111-A(Spec al Prolemton Area):or nl on nonwaterfronl lot suitable for affordable housin& NOTARY: _ STATE OF F O a Appli nt's ignatureF m COUNTY OF The foregoing signature was acknowledged before me this day of v} lij ,20 1f By who is verso,nally w_n_to_ a orproduced (PRINtAIAHE OF PERSON SIGNING) ..�. as identification. y o i ion ex Tres I �Lo1 NATA Signature olONotary Public,State of Florida :JBma6d-am 1 ® 15 TO BE COMPLETED BY STAFF-DATE: ROGO APPLICATION Page ;oft At( II t De oc Applicants Initial and bate: APPIX,10 1 � MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT APPLICATION FOR RESIDENTIAL ADMINISTRATIVE RELIEF Administrative Relief fee:$1,011.00 Monroe County Code Section 138-27 Requirements for Administrative Relief: (1) If an applicant for an allocation award a. Whose application has been denied an all gealion award for four 4 ucce,,.uve years in the Permit Allocation 3vg_em and fads to receive an allocation award,said applicant may apply to the board for administrative relief pursuant to the terms and conditions set forth herein,and b Whose proposed development otherwise meets all applicable county, state, and federal regulations,and c Whose allocation application has not been and d Who has complied with all requirements of the Permit Allocation System,and e Applicant follows procedures for administrative relief contained in the land development regulations (2) An application for administrative relief shall be made on a form prescribed by the Director of Planning and may be filed with the Director of Planning nQ ear11M_a=._tb_q.ggncIWi Ln Qf 1he_f9_qrth annual alloca tion ion period and no later than one hundred eighty days following the close of the fourth annual allocation period., (3) Upon filing of an application for administrative re�',ief, the Director of Planning& Environmental Resources shall, forward to the board a0 relevant files and records relating to the subject applications Failure to file an application shall constitute a waiver of any rights under this section to assert that the subject property has been taken by the county without payment of just compensation as a result of the dwelling unit allocation system. (4) Upon receipt of an application for administrative relief,, the board shall notice and hold a public hearing at which time the applicant wilt be given an opportunity to be heard (5) The board may review the relevant applications and applicable evaluation ranking,taking testimony from county staff and others as may be necessary and hear testimony and review documentary evidence submitted by the applicant. (6) At the conclusion of the public hearing, the board may take the following actions pursuant to Monroe County Code Section 138-27(f)and Monroe County Comprehensive Plan Policy 1016 1 and Policy 1016 5 a Offer to purchase the property at fair market value as the Board of County Commissioners preferred action if the property is located within- i a designated Tier I area, n a designated Tier 11 area(Big Pine Key and No Name Key), iii a designated Tier 11 I-A area(Special Protection Area y,or iv a designated Tier III area on a non-waterfront lot suitable for affordable housing. market value" shall be an amount which is no less than ad valorem valuation in the Monroe County Real Property Tax roll for the year 1992 b Permit the minimum reasonable economic use of the property "Minimum reasonable economic use" means as applied to any residentially zoned lot of record, which was buildable immediately prior to the effective date of the Plan,no less than a single-family residence. c Suggest such other relief as may be necessary and appropriate (7) Limits on administrative allocations per quarter The number of allocations that may be awarded under administrative relief in any one quarter shall be no more than fifty percent of the total available market rate alto-cations available in a quarter for that subarea. Any allocations in excess of fifty percent shall be extended into the succeeding quarter or quarters until the number of such allocations is fifty percent or less of the total number of market rate allocations available to be awarded (8) Refusal of the purchase offer by the property owner shaL not be grounds for the granting of a ROGO allocation award. Page 2 e esld tia A c on Ckc 8 2010 doe Applicants Initial an d date 7o EXHIBIT 1 Property Search-- Monroe 0- ty Property Appraiser Page 1 of 1 Karl D. Borglum O lC (305) 292-3420 Property Appraiserfax ( 5) 22-3501 Monroe County Florida Website tested On ! Internet Explorer higher.GIS Mapping requires Adobe Flash 10.3 or Propefty Record(An Export Map widget is in the lower left corner.) AlternateParcel ID: 00310260-000000 OwnershipiI Mailing Address: AllOwners: AKINS JOHN WAND GLENDA AKINS JOHN K R/S,AKINS JOHN WAND GLENDA PO BOX 246 KEY LARGO, FL 33037 Property Details PC Code: 00-VACANT RESIDENTIAL illae Group: 100H Affordable No Housing: Section-Township- 14-66-29 Range: Property Location: VACANT WITTERS LN BIG PINE KEY Subdivision: DOCTORS ARM Legal Description: BK 1 NLY 24FT OF LOT 24 AND ALL LOT 25 AND SLY 17FT LOT 26 DOCTORS ARM SUB P133-141 BIG PINE KEY OR409.382185 OR788.1431 OR849-801/02 OR13 33 OR2101-1457 OR2404.841 O/C [,.._Show.Parcel MapMust have Adobe Flash Player 10.3 or hl h r Land Details Land Use Code Frontage Depth Land Area M10 -RS WATERFRONT 0 0 14,746.00 SF ImprovementMisc Nbr Type #Units Length Width Year Built Roll Year Grade Life 1 CL2:CH LINK FENCE 402 SF 67 6 1984 1985 1 30 Appraiser Notes REMOVED OVERRIDE AS LOT IS BEING USED. EXHIBIT 2 .......................im.......................,, yyu y��r„�u, �„ -..,,w -.�o+ �... .�. Vegetation 5urve� PROJECT AKINS DEVELOPMENT LEGAL DESCRIPTION BLOCK 1 , LOT 25 & PORTION OF LOTS 24, 26 DOCTORS ARM, BIG PINE KEY REAL ESTATE NUMBER 00310260-000000 10/ 17/2011 71 TINGLER LANE, MARATHON, L 33050 WWW.JUUE—CHEONCcOHOTMAIL.COM Julie Cheon Environmental Consultant Phone( 5)395-1985 71 Tingler Lane,Marathon F (305)743-4587 Overview: The following report includes a site description, a list of vegetation located on site, and a map indicating the location of relevant features and all Listed species. Site visits were performed on performed on October 8t'and 22"a, 2411. Site Description: The above referenced parcel is approximately 14,746 square feet (sf) and is located in an improved subdivision. The parcel is bordered on the north and south by similarly vegetated vacant parcels, on the west by a paved road, Witters lane, and on the east by a dredged open water shoreline. Please see"Attachment A"for a location map. The property is located within the National Key Deer Refuge. The parcel is disturbed and, with the exception of the shoreline, is predominantly vegetated with groundcovers. Much substrate is hard-packed and may have been paved over in areas at one time. Some areas have a thin to moderate layer of sandy substrate. Other areas have a sandy organic mix. The land appears to have been previously used for a trap yard, as trap debris is located on site. Shell fragments, presumably scraped from traps, are located on the property. Deer scat is located throughout the property. The shoreline contains a mix of mangroves and buttonwood. The Monroe County Habitat Maps classify this parcel as "Undeveloped Lands." The parcel is predominantly vegetated with Andropogon glomeratus, Phyla nodiora, Fimbristylis cymosa, Sporobolus virginicus and Distichlis spicata. Many of the species located outside of the shoreline are considered species that inhabit wetlands. There are pockets of algal growth on the parcel, but algal matting is not distinct. The substrate is does not appear to be indicative of a wetland. No other wetland indicators were located outside of the shoreline. Although the property does not appear to be a functional wetland a formal jurisdictional determination from the Florida Department of Environmental Protection and the Army Corps of Engineers is recommended. Species of Note: Brazilian Pepper is the only invasive exotic species regulated by Monroe County located on site. This species is relegated to one small specimen. All Brazilian Pepper must be eradicated from the site prior to a certificate of occupancy being issued. There are two Listed species (Conocarpus erectus, Phyla nodiflora) and three state protected species (mangroves) on site. A species is considered Listed if it is designated Endangered (E), Threatened (T), Regionally Important (RI), or Commercially Exploited (CE), or if it is a Native species greater than 4" diameter at breast height (N>4"dbh). All Listed species require mitigation if impacted by development. All Conocarpus erectus have been tagged on site with orange tape. Due to the prevalence and the mat-forming growth pattern of the Phyla nodiflora individual species were not always tagged. When possible individual specimen were identified. In areas where the density of P. nodiflora Julie C eon Environmental Consultant Phone(301 3 5-1985 71 Tingler Lane,Marathon l 33050 Fax(30 )743®45 7 f or the location of plants mixed with dense groundcovers prevented the identification of individual from being determined the number of specimen were estimated as follows: Observation of individual specimen indicated that a mature plant spread to an approximately a 3' x 3' area for a total of 9 square feet. Areas with dense coverage were measured and the number of species estimated utilizing the formula of 1 specimen for every 9 square feet. To facilitate enumeration the parcel was divided into transects as shown in Attachment B. The number of Phyla nodiora located in each section is indicated on the map. Monroe County Code requires monetary mitigation for all impacted species. The mitigation amount is calculated by Monroe County depending on the species and its size. All protected species are shown on the attached map. PIease note that locations are approximate due to the density of the vegetation and the limitation of the measuring device used(measuring tape). Appropriate permits must be obtained from Monroe County prior to removal of any vegetation. Please consult the Monroe County Biologist for specific requirements. PIease feel free to direct any questions regarding this report to the author at the above referenced contacts. Julie Cheon Environmental Consultant Phone(305)395-1985 71 Tingler Lane,Marathon Fl.33050 Fax(305)7434587 Species List Scientific Name Common Name Status WetlandStatus Notes Andropogon glomeratus Broom Grass N FACW(DEP)FACW+(ACOE) Prevalent Avicennia germinans Black Mangrove N OBL(DEP,NWI) Balis maritima Saltwort N OBL(DEP,NWI) Shoreline Bidens Alba Beggar Ticks N Coccoloba uvifera Seagrape N FAC(NWI) Conocarpus erectus Green Buttonwood N FACW(DEP) FACW+(NWI) Cyperus ligularis Bull Rush/Swamp Flat N FACW(DEP,NWI) Sedge Dislichlis spicata Salt Grass N OBL(DEP) FACW+(NWI) Ernodea littoralis Beach Creeper N FAC(DEP) Eusloma exallatum Seaside Gentian N FACW(DEP) FACW+(NWI) Fimbristylis cymosa{aka FAC(DEP) F spalhacea) Hurricane Grass N FACW(NWI) Prevalent Flaveria linearis Yellowtop N FACW(DEP,NWI) Galactia striata. Milkpea N Ipomoea pes-caprae Railroad Vine N FAC(NWI) Laguncularia racemosa White Mangrove N OBL(DEP) FACW+(NWI) Metopium foxiferum Poisonwood N FAC(DEP) FAC-(NWI) Mikania scandens Climbing Hemp Vine N FACW -(NWI) Phyla nodiflora Matchweed RI FAC(DEP) FACW(NWI) Rhizophora mangle Red Mangrove N OBL(DEP,NWI) State Protected Sarcostemma clausum White Twinevine N FACW(NWI) Schinus terebinihifolia Brazilian Pepper IEX FACW(DEP,NWI) Solanum erianthum Potatotree N FACW(DEP) Shoreline Spermacoce verticillafa Shrubby FalseButtonweed Sporobolus virginicus Seashore Dropseed N OBL(DEP) FACW+(NWI) Prevalent Unidentified Grass Unidentified Groundcover Key -Status CE Commercially Exploited All Protected ex Exotic non-native (may be naturalized) END Endangered All Protected IEX Invasive Exotic Removal Prior to CO Required N Native >4"dbh protected RI Regionally Important All protected T Threatened All Protected wr r i i gl Ei 04 CD i zip A �CL CL lid u� I �r era rb i ev ✓ � c� LLJPal a>, i i r me �' 7r )00 N � CL 1rfIMC V m 1 •�""w r "n Ne illA; f I I� r PC6i i r o 48 61,, a e �Ny„ 44 4 E-JXHIBI T 3 7 ADMINISTRATIVE RELIEF SOUGHT On March 2010, the applicant John K. Akins, filed an appeal to the Board of County commissioners about the reduction of ROGO points and the rankings approved by the planning Commission March 10, 2010 under resolution 04-10 which affected his ROGO applications in regards to this subject property. The appeal was based on the original scoring of the property by Monroe county as being in an AE flood zone when the property according to Monroe county was in allegedly in a VE flood zone (4 points). The actual VE flood zone point change placed on the subject property occurred when the planning commission approved quarterly rankings on June 10, 2009. According to Monroe County, on or about April of 2009, the planning & Environmental Resources Director reviewed the documentation in regards to this subject property that was in the County files such as flood zone maps, survey, and plans and determined that a scoring error occurred by the Monroe County staff regarding the flood zone point allocation on the subject property and the Director further determined that the scoring errors occurred on the four applications of the applicant. Based on the findings, the Department changed the applicants ROGO rankings for the subject property. The applicants rankings moved down approximately 18 places in the ROGO system. To better understand the impact of this error by the staff of Monroe County, the rankings prior to the change showed the applicants ranked 22, 23, 24, and 25 and the next rankings with the alleged corrections showed them at 40, 41, 42 and 43. Because the staff concluded that the property scoring was to be adjusted to reflect a VE flood point deduction, the applicant has suffered incredible financial loss, especially considering that the development that had begun on the subject property had to be halted 18 and substantial monetary loss has occurred. The applicant believes the initial scoring was correct and the surveys on record in this matter reflect an AE scoring. The administrative relief sough by the applicant is that the property scoring be corrected to reflect the points entitled to the applicant and subject property under an AE flood scoring along with additional points that are in order for time passed. EXHIBIT 4 olo �County of Monroe 1 M Division INrA 2798 overseas Highway : Mayor George Neugmt,Dist.2 suite !0 Mayor Pro Tan Sylvia 3.Murphy,Dist.5 Marathon,FL 33050 Kim Wi>m.Din-! Voice: ( ) 9-25 t 00010488 1131 F April 27,2009 John Akins 107 First Terrace Largo,Key 7 RE: ROGO Applications 1 , l 71 , 07100483 Dear Mr.Akins: applications 1 1 71 71 development in these applications 1 ` i flood zone, Therefore, each application has been given pointthe-4 assigaxnent for being i ' zone special flood hazard area. If you have any questi lease contact me at 305-289-2513. stankiewicz Sincerel cc: Townsley Schwab,Planning n ' entResources or EXHIBIT 5 MEMORANDUM MGNROR COUNTY PLA.RNENG&ENVIRONME XTAL REIZGURCF,,Q 11-p-pART MENT WC SnItOe to be caring,Professional fair To: Planning CoT-n-rndssica -any Stankiewicz, Development Administ Frorn: Tiff rator Through: Townsley Schwab, Sr. Director of Planning &Eri-Vtonmental. RCSources Date: Septer-riber 17, 2010 Subject: Residential Dwelling Unit Evalua'Eon Report for Big Pine/No Na-me Key Su ea Quarter 4, Year 18 A'feed-mg Dste- SePtemEger 9-5 2010 can t&' zed to September 22,2010 1 This report has been prepzeed pursuant to Section 1308-26 of the Land Development Regulations 2 (LDRs). The proposed residential d-,Aefling it ranhngs (Big Pin Name Key Subarea) 3 attached to tWs report. are for the four,6 quafter of year eighteen which covers the period April 4 13, 2010, through July 12, 2010. 5 6 DB.4CKGR-0,' 7 9 The public heaning for the Big Pine/No Name Keys Subarea ROGO- allocation and ranIcing 9 determination was continued by the Planning Conunission from September 8, 2010, to let Banks 0 Pre-vatt present informan"on on behalf of f& John A-kins regarding flood zone scoring correctio'm' I for properties identified by real estate nurZbers 00310220.000000, 0031G240.000000, 12 00310280.000000, 003102%000000, 13 HISTORY OF AKINS APPLICATIONS: 15 16 On March 30, 2010, the applicant, John K. Akins, filed an appeal to the Board of County 17 Commissioners about the reduction of ROGO points and the ranldngs approved by the 18 Plarming Commission March 10, 2010 under Resolution 04-10 which affected his four 19 ROGO kDplications. The subject parcels and applications are under the ovmership of John Akins, John W. and Glenda A-L-ins. The appeal is based on the original incorrecis g 21 of the properties as being in an AE flood zone when the properties are, in fact, in a VE flood 22 zone (94 points)- 23 24 Monroe County Code Section 138-1, Ap—Deals states that an appeal from the decision of the �5 Planning Commission on a ROGO allocation shall be made to the Board of Count), 26 Commissioners within 20 days of the Planning Coam-Lission's decision. 71'he filing of an Page I off .4?,3 appeal does not stay either the action of the Planxing Co=ission or the action of the Plaming Director. This appeal of the approved R. Ran-kings by the Planning Cotinmission from March 10, 2010 was filed Ln a timely rnanner. Ho-viever, the actual Point 4 reductions and ranking changes occurred in June 10, 2009 by Planning Comm ission 5 Resolution P23-09. The Code does not specify that the appeal must follow after any specific 6 quxterly ranJ-dng, 7 8 Originally staff was prepared to schedule the appeal at die June 2010 Board of County 9 Commissioners meeting, However, prior to the agenda deadline, Mr. Prevatt requested ghat I G die matter be heard at the July 21, 2010, Board me ing, which request was granted. On July 11 20, 2010, Lee Rohe, Esquire, requested the appeal be deferred ffom being presented before 12 the Board of County Commissioners. T'he applicants decided to defer the appeal in order to first present their objections to the Planning Corr- fissionsince applicants may orler 14 Cestiraony about thxeir application at any public hewing concerrift-ag ROGO in any quarter O� r, Rohe no longer represents IvLr. A-1-:ins in this matter). i 6 17 Since the scoring correction, the Plazm °ng Con-mmssion has re `emsand approved 5 queferly ranhings reflecting the scoring corrections. Neither ffie applicant nor authorized 19 agent where present at these public hearings. T"he last approved quarterly rankings for Big 20 Pffie[No Nam e Key subarea ivert on June 9, 2010. 21 22 B. Ap glications and -Locations Ff 23 24 Applicadons and Locations: 25 26 Building Pen-nit Application & ROGO Application: 1#07100486 27 Legal Descripti-ion- is 21 and 22,Block 1, Doctors Arm Subdivisioa, Big Pine Key, 200 Monroe County, Florida 29 Real Estate Number. 00310220.000000 30 31 2) Building Permit Application &ROGO Application: 007100479 I '32 Legal Description: Lot 2') and SLY 26 PL Lot 24, Block 1, Doctors A= Subdivision, 33 Big Pine Key, Monroe County,Florida 34 Real Estate Number: 00310240,000000 35 36 3) Building Permit Application& ROGO- Applicatiort: #0710G485 37 Legal Description: Lot 27 and NLY 51 ft Lot 26, Block 1, Doctors Am Subdi%tision, 38 Big Pine Key, Monroe County, Florida 39 Real Estate Number: 00310280.000000 40 41 4) Building Permit Application& ROGO Application: #07100483 42 Legal Description- Lot 25 and SLY 17 ft Lot 26, Block 1, Doctors Arm Subdivision, 43 Big Pine Key, Monroe County, Florida 44 Real Estate Number- 00310260.000000 45 46 Owner: John K. Akins, John W. and Glenda Aldns Paget of 9 qzt 3 1".mid Use Distm.`,ct:: Co.m.snerci,al F"ishing Spe(.:,�ial District ((.'TSD' Land Us,,e b&.0 � Designatioir,..- Dvfixed Usek!�"."orr Fisin-dr-ig(14CF) "5 Fig Key "FicrDesi, Miorr Tier pIX F, W. VIM 7 6 A 0 Subject Muel aM,09) �Whfte Une ohvvv�,,;�.IRVI!..relklmof the Fkpod TAme mm:2.r VE 'too d Z w,,� 1, 11 F R E.R.,,,E`VA...lq`F PRUOR ........................................................................ 1.2 13 11.e C-but belovr sho,vvs a :-,' 'o.nolo .0 d a b�.s (Buildi ng gy of'zpplic�,,iti n. pq 4. ApplIcatiowsr -to 14,0100 Applications), of, flood m,-,�.e in for un.ation providad on Buildin i g Application, P1,9-9. s-dki-aittals, styrvey subl, ittals show,ing flood ir!&orrnadon, 1.6 appro.-drnate date ofrr.KkP discwery, sconx.�g error notUncadon. to applican-fs' dr:!��ss 7 ofreco:rd, Planniing Corn mission.Resoltirtions ir.).dicPubacr scoring errcm.--oorredions. 1.8. ..................................::.............:�..................................................................... 141c.. 07l,'004sB6 67101104;85' 07100493 67100479 Pteal Estate No. 10220,000000 00310280,000(300 00 P'10260.000000 0,0,3'�'0:240.000000 Banding Aptpfics:ffon Jm_3pl!,2007 Jan..31,2007 Jan.31,200"17 Jan."U,2007 Date ............................... ................ ........................................................_................. subWft%,-d by i!he klrelli!.:ir S!v,minm inixvWs Plm"rim,sYstcm minlUs Pre"riff sym= rninus Pre, rier systim minus apl"...WCOIxts, the I fins-Al..4'F1 Dod.Zon e 6 fear VE Fhood zone.r 6 ror vE noo,,:Y zone 6 for VE�i-.x.:)d:rzn e I salldlisg Planq Indicsted.. flio&A zone Survey 0—1m —'s T,..l r v_q. -i x—dir c,%t,e-d Entire lismaty i n V E Emir- :Vqperty in VE Entire tpropary in Lxwire,ace JR. Frivak ma, t) I"I ZONT15.Jofity of'tprx)p=., zonle— dad ecl Dec. 4, 2,0061 AE Zone and a imall Indicated :Nropeirty :X.)rflon in tie'VE flood �POWI ('7711-my ern.w d owred in 2009 Puget 3 oft proposed residence in the VEZone), �-3tflldlna Departmeat i Reviewed for AT-Zone Review for VE zone Reviewed for VE zone Reviewed for VE zone reviewed plans for constucrion, construction constniction construction kVVE zone construction. I 13ss'i idiini",Bepa rltm eat May 30,21V June 6,2007 Jun P.6,2007 jum-e 6,2007 forwarded application to Planning 1"'0 coatset appEcant W enter ROGO. a a 'a,ter RO Date 'tGO, June 12,2007 June 1.2,2007 June 12,2007 June [2,2007 Application subinitted initial scoring of ROGO Application ROGO Application POGO Application ROGO Application ROGG AppHention scored as if in AS scored as if in A.E scored as if in AE scored as if in AE for Quarter th P-¢ Zone (as indicated by Zone(scored in error) one(scored in enrar) Zone(scor-ed in=or) cle --d July 2007. surveyor) I I .T Scoring Error Early April 2009,POSL Early April 2009, post Early April 2009, postF-Ewly April 2009, post discovered Tier System should Tier System should Tier ystern should Tier System should have indicated -4 have indicated 4 have indicated -4 have indicated -4 Voints Doints Doints Voints Date certified letter April 27,2009 April 27,2009 April 27,2009 April 27,2009 sent regerding, Ae or Date reeurit recelpt. May 15,2009 May 15,2009 15,2009 Whey 15,2009 was slened ROGO Pnab,,xago Planning Commission Planning Commission Planning Commission Planning Commission Qwarter I 'Vr 17 1 Approved. Resolution Az) roved Resolution Approved Resolution Approved Resolution p indicated ficoranz P23-09,June 10,2009 P23-09,June 10,2009 P23-09,June 10,2009 P23-0091,June 10,20091 correction I I R�GO i1makings Planning Commission Planning Commission Planning Commission Planning Commission Q cr rt ter 4, 'Vr 17 7stdill Approved Resolution Approved Resolution Approved Resolution Approved Resolution re6erenced the P42-09,Sept.2,2009 P42-09,Sept 2,2009 P42-09,S--Dt 2,2009 P42-09,Sept 2,2009 RO Go kan''I'dagi; Planning Commission Planning Commission Pl anning Commission- Planning Commission a Quarter I Yr 28 Approved Resolution Approved Resolution Approved Resolution Approved Resolution candaued whth 1?55409,Dec. 15,2009 P55-09,Dec. 15,2009 P55-09,Dec. 15,2009 P55-09,Dec. 15,2009 correct Doints ROGG Rankings Planning Commission Planning Commission Planning Commission anning omm ssion e I Quarter 2 'er IS Approved Resolution Approved Resolution Approved Resolution Approved Resolution continued with PO4-10, March 10, PO4-10, March 1'0, PO4-10, March 10, PO-4-10, Mar-ch 10, crret 2010 2010 2010 2010 ROGO RRRLdugs la i g Planning Commiss7ion Planning Commission Plannine Commission Planning Commission Approved Quarter 3 Yr 19 Approved Resolution Approved Resolution Approved Resolution Approved Resolution conda ued with P10-10,June 9,2010 P10-10,June 9,2010 P10-10,June 9,2010 P10610,June 9,2010 correct 130ints ROGO Ranking& Planning Commission Planning Commission Planning Commission Planning Commission Quarter 4. Yr it continued the review continued the review continued the review continued the review continued whit of Big Pin Name of Bi& Pin Name of Big Pin Name of Big Pin Name EE Key Subarea to Key Subarea to co"ect points Key Subarea to Key Subarea to St her 22,20 10 The above chart shows the pertinent information ftorn the initial submittaJ of the four applications to the Building Department, Three applications contained information on the building plans and surveys showing the properties located in the VE flood zone, while one set of building,plans and the survey incorrectly shm�)ed the prep aty located in the AE Flood erne® When the Applicants subsequently entered ROGO in June 2007, staff incorrectly Page 4 of 8 scored the applications without a VE food zone deduction of four points pLTsuant to tier 2 ordinance criteria. The errors wert disc-aver ,he staff researched the applicetions based 3 on inform ation Exom another applicant, received by the Planning Depax-trnent regarding point 4 deductions for the VE flood zone. One of the four applications was scored in error based on 5 an incorrect suriley which was discovered by to after. examining the Flood Insurarice Rate 6 Map (see map in the Section B above-which shows the property boundaries and ATE and A-E 7 Flood Zone line). 8 9 On April 27, 2009, the Applicants were sent a certified letter to the address of record 10 regarding the scoring error. A signed ce:rbdlfi dd receipt dated May 15, 2009 was re d to I I the Planning Department. Subsequently, the scoring corrections for these applications were 12 identified on the approved ROGO ra�angs, -,xhich are available in the Plarming Department 13 and on the Colinty web site. From the inform- ation in the foregoing char, the rankings vVere 14 adjusted and maintained at five qLarterly Planning Commission rtieetings and the applicants i 5 did not appecex. before the Planning Cornarnission. 16 17 D. REVIEW OF APPLICATION: 18 19 IV-r. jUdas is questioning the reduction of the ROGO points on the four applications stated 201 above,, However, the actual VE flood zone point change occurred when Che Planning 21 Comrnission approved cuarteriv rankings on fune n 0, 2009 (see Resolution P23-0,9). 22 f 23 In April of 2009 the Plarining & Environmentall Resources Director reviewed the 24 documentation (files, flood zone maps, surveys, plans, etc.) to det if a scoring error 25 occurred by staff regarding the flood zone points. After the revim,, the Director deter—Inined 26 that scoring errors occ=,.ed on the four applications. Therefore, the applicants were sent a 27 cerd-i-fie-d lettti_ (Certi-f-Fied. Maill Return P---ceippt 7006 21-50 0001 0488 1131) dated A�pril 27, 28 2009 regarding the Ifood zone scoring error, which was signed for on May 15, 2009- Tbt 20 appli is were notified as soon as the or was di scovered. 30 31 The Department was compelled to correct the error, in order to preserve the rights of other 32 applicants in the ROGO rankings. The rankings of the applicants' properties moved down 33 approximately 18 places. The rankings prior to the corrections showed. the tppucamts- 34 ramked 22, 23, 24, & 25 and the nex-t rznkings with-the corrections skowed them zt 40, 35 41,42, & 4.3. 36 37 Mr. Bank-s Prevatt came into the Planning Department in November of 2009, requesting 39 information about these properties, which was prior to being an agent on the ROGO 39 applications. He later asked for information about an appeal, Appeal information was 40 provided. On March 18, 2010, agent authorization was submitted, 41 42 —1he properties are located in the Big Pin Name Key ROGO Subarea. nis subarea is 43 limited to 8 market rate allocations per year, allowing for 2 allocations per quarter, providtd 44 there is enough mitigation to cover the H-value used for allocations. Ln the quarterly 45 rankings approved by the Planning is ion Match 10, 2010, the Nio applicants who 46 received allocation awards each had 20 points and the subject applications of the this appeal Page 5 of 8 I each had 8 points® On, June 99 2010 the Planning Commission reviewed and approved another 2 quarterly ranking on Big F-ine/No Nan-- e Key Subarea, 'which reflect--d the applicanLc. V zone 3 scoring. 4 5 it should be not that these applications will be eligible for Administrative Relief after the 6 quarter closure of July 2011, From ffie closure of the 16'h quarter, after the ROGO- 7 application was made, the applicant will have 180 days to submit J'bur Adz iinistrafive Relief 8 Applications. 9 10 71 ere is an altem ate avenue available for the aPP tic s-rets to investigate regarding the VE flood I I zone designation. Property ova may seek- a Letter of Map Revision (LO Its-R) requesting a 12 revision ,shoo,in their property is located in a diFferent flood. zone. There has been a 13 property in Doctors Arm that reccently obtained a LOMR, The applicants may contact Diane 1-4 Bair, Special Projects/FloodplaLn Adrru'.nistrator for additional irS-ormation regarding this 15. process. 16 17 As an aside, the applicants should contact the sur-veyor regarding the need for a corrected is sunLley and also, shot-lid contact the Momroe -CoTmvy Building Depaxtment regarding any 19 building plan cor-rections that may be required for the property identiffied with real estate 20 number 00310220.000000. 21 2/2- Staff concludes die scoring was correctly adjusted- to reflect the VE flood Point d ction. 23 However, if new eNtidence is submitted to show Iffie properties e i o AE f d zone ar a Rood th I n an 24 no portion of the structure is located in the VE flood zone, then the points could be positively 25 adjusted accordingly. 26 27 f n E,,-�CFQ-'k,5 FOR TYE PQ-XNEVG CObfMISEyoAr To LO�Lr 29 14orl-roe County Code Section 138-20' (c)(3): Ti be basis for any planning commission changes in 30, the scoring or ranking of market rate applications shall be specified in the form of a motion to 31 adopt the allocation rankings and may include the follov..,ing: 32 a. An error in the designation of the appUcable subarea. 34 b. A mistake in the calculation of dedicated or aggregated lots/land. 35 C. A mistake in assignment of the tier map designation in the 36 application, Such a mistake in reading the tier designation in 37 applying points for the application, any change to the tier map must go through the procedures for amendment of the tier map, 39 d, Any other administrative error or omission that may cause the 40 application to be incorrectly scored. 41 42 A review of the Al-ins applications showed a scoring e=r was made by staff. Subsequently, 43 staff corrected the scoring to maintain the integrity of the ROGO scoring system. Tb-e code 44 allows the Planning Commission to adjust a score if the change is to correctly adjust the score. ,15 The applicants' ROGO scores are correct; therefore, the scores cum r of be adjusted to reflect 46 incorrect infb=ation, or an inaccuracy in applications or errors by staff to raise ain. applicant's Page 6 of 8 I score at the expense of others in the ROGO competition. It is the Planning Con ssions 2 obligation to correct an arror or an ornission that may cause an incorrect score. 3 4 L-gj A L—F o n-o-N Fj- 5 6 A. Pursuant to Section 13 8-24 the sn=jber of annual allocations available is I la7. 7 8 B. Section 138-24(c) allows any used portion of afforda-bie housing allocation-s to be 9 retained and rolled over into the next dwelling unit allocation year, 10 I I C° Section 138-24(a)(4) allows the Planning Corr=ission to amend the affiordable housing 12 proportions during any ROGG quarter. ZD 13 14 D. Section 138-27(g) limits administrative relief allocatiom per quazt-1r. 7he number of is allocations 'chat may be awarded under adr-runistratitre relief in any subarea quarter shall 16 be no more than fifty percent (50%)of the total available market to allocations. 17 is l Section 138-24(a)(6) limits on the number of allocation our s in Tier 1. The asurual 19 nurnber of allocation awards in Tier I shall be limited to no more than three (3) in the 20 lJpper Keys and no more than three (3) in the our Keys. Big Pine/No Name Key is 21 ted tot (10) allocations over a twenty year period or H=.022 whichever is lower. 22 23 Below is a table tracking the Tier I allocations by qum, 'er/year. 214T Key Gisfand) Per Number Tier Alloc&don vve P Subraree Big Pine:Seen Dm 27,20N(Ordins not 029-2004.) 1 Big Pine 03102303 �AKd m. -RR-.e-IN e f 2 Y 16 'f�lt.p J��� BiR Pine 1-91-16136i Market Rzte I Y 17 25 26 F. Monroe County Code Section 138-25(f) Expiration of allocation a-,Arard. Except as 27 provided for in this division, an allocation award shall expire when its corresponding 29 building perrnit is not picked up after sixty (050) days of notification by certified mail of 29 the award or, after issuance of the building perm- it. 30 31 G. Monroe County Section 13 8-24 allows a total of 8 market rate allocations per year for the 32 Big Fine/No Name Key Subarea. 3 34 H. Monroe County Code Section 138-20' anows the adjustment of residentid ROGO 35 allocations at the end of each quarterly allocation pcziod of additions or subtractions to 36 the basic allocation available by subarea such as the number of dwelling unit allocation awards that expired prior to the issuance Ufa corresponding building it. r-7 J§ I? Z D H V,4 L UA 7 7 ON 4 A,D RA YKE V G. 42 The evaluation of the allocation applications was performed by the Planning & Environmental 43 Resources Departnent. Positive and negative points Were granted in compliance with the Page 7 of 8 I evaluation criteria contained in Section 138-208 of the LDRs fOr the Big Pine/No Name Key Sub- 2 areas. A If applications rived identical scores, they Were first ranked by date and tir-ne and f-ardher 5 ranked based on the applicants with the west negative number of points on the saine day, 6 Please note that any excess allocadois ap prove ea rnust bededucted from the next quafterly 7 allocation period pursuant to Monroe County Code Section I 38-26(e). F-ECOMM—FAYDA TICAYS. A. Klarket Rate A-Ilocation ue s Ocer4 Y earj 8 12 13 —the nurnber of applications in the Big Pine Name Keys was greater then the quazterly 14 allocation awards available. Per Section 138-26(b)(7) of the LD-Rs, the ranicings that inalcate which applications receiveQ sum—cieut points receive art allocation bird® An additional page is etachedwhich identi-fies the location of each proposed allocation by island and subdivision. 18 The Market Rate applications that are witilin the quarterly allocations recommended for Quarter 9 4 Year 18 approval aze as follows- 21 Big Pin Name Kevs® Applicants ranked I throue- 2 are recornmended for allocation awards 22 based on nn-,itigation available Lrom Morroe Couzity. Applicants r&- J IL-ed , e 23 recorr-n-nerided to be approved in the order rar�ced. drough 44 ar Pep 8 of 8 EXHIBIT 6 08/02/2011 13:42 619-42� "696 CYM CHULA VISTA PAGE , 01/65 4 T I heMby auftr=, L&W OFRCE OF RAX GARCIA, PA.. RAY GARS, ESQ, AND PA.OLA =MRIM to be fisted as authorized agent for GIMNDA AMNS for the Administrative ReHof application submittid fbr Building PmWt and ROGO Application, "W 071M79,07100495,07100483 and 07100486,for property described as Let:21,22,23,24,25, 26 27,Block 1, Subdivision: Doctor's Arm,Key: Big plug JCay and Real Estate number: 00310280-ONOOO,00310260-0OMO,0031024 20-000000. This authorization bwMg4 qffzvdvi; on thq date tWs affi4gvit is notvized and shall remain in offect until teffninated by the and gneA This aLdhofization ams as a durable power of nuamey only for the purposcs stated. Tbq ma&mgned un&mtands tKe 114bilifie* ipyQtved ift the granting of AU14 agency and Q=" full responsibility (thus holding Monroe County harwJess) fora and all of the actions of the agent named,rclzftd to the acquisition of permits fbr the aformentioned.applicant NQW Authorization is needed fmm eacb owner of the subjW pmperty. Theref9re, Qne Qr mQre attftrimtion fims must be submitted with the application if there are mukiple owners. er(s)/Applicant Signature g�LEND�!A!Mffi Printed Name of Owneir(s)/Applicant NOTARY: STATEOF e-40-IFORA-TA COUNTY OF =L-2zZ Oi 6 4 0 1 foree:ing instrument wa* acknowledged before me this day of XI 6 as 7 2011- Glenda Akins is personaffy known !n-'produced identificationCCA 00"fit r;W le eWf Type of Wenfificatica—),didtrdid not talm an oath. f J.=DJEL PENA71 WA=FW -4 NMARY PUBM 0 CAUR)w omwd"W"avime 2$,2014 Nopfry Administmgvc Relief Agent Authorization Fong Page I of I 3� 08/82/2011 13.,42 619-42' %96 CYM CHULA VISTA PAGE 02/05 Xz�e'c' vie) Illereby authorize, LAW OMCE OF RAY GARCIA, PA., RAY GARCM ESQ, AND PAOLA HUEMBES to be listed as authorized agent for JOHN W. AKINS fbr the A strafive Relief applimdon aubmitW for Building Pe itand ROGO Appbeadon W" 07100479,07100485.07100M and 07100496,for property doscribed as Lots 21,27,23,24,2!� 26 27, Block 1, Subdivision: Doctoes Arm, Key: Big Pine Key and Real Estate number. 003102904*0000,00310260400M,003102404N)OON and 0031022"00000. This authorization b=mos offectivo on the date 02is affidavit is noftirized and sw remain M effect until terminated by the undersiped.This autboemation acts as a durable power of attorney only for the puposes stated. The andersigned understands the lialn-litics involved in the granting of this agency and accepts W responsibility (thus holding Monroe County hanWass) for any and all of the actions of the agent named,related to the acquisition of permits fbr the afbretnondoned applicant. Note: Authoriza'on is needed from each owner of the sutiect ptupedy. Th=fbre, one or more authori=don foms mint bc submitted with the application if there are multiple owners. By: Owrie tie/)1APPReantsignature Printed Name of Owneir(s)/Applicant NOTARY: sTA'rE oF4 A t-iroxA,Fo, COUNTY OF P�? �/C 6 0 The foregoing instrument was ricknowledpd before me this ShW of 2011. John W- Akins is personally known L-1 produced idea firjcatior Type of Ides tificati �, ' did not talm an oath. V :NOT:=: NAry Adndalsfttive Relief Agent Authorlwion Form Page I of I 53 (Ditte) I hereby authorize, LAW OFFICE OF RAY GARCIA, P.A., RAY GARCIA, ESQ. AND PAOLA ElUEMBES to be listed as authorized agent for JOHN K. AKINS for the Administrative Relief application submittal `bE Building Permit and ROGO Applicefion # 07100479, 07100485, 07100483 and 07100496, for property described as Lot: 21,22,73,24,25, 26 27, Block 1, Subdivision: Doctor's Arm, Key: Big Pine Key and Real Estate number: 00310280-000000,00310260-000000, 00310240-000000 and 00310220-000000. This authorization becomes effective on the to this affidavit is notarized and shall remain in effect until terminated by the undersigned.This authorization acts as a durable power of attorney only for the purposes stated. The undersigned understands the liabilities involved in the granting of this agency and accepts full responsibility (thus holding Monroe County harmless) for any and all of the actions of the agent named,related to the acquisition of pen-nits for the aforementioned applicant. Note: Authorization is needed from each owner of the subject property. Therefore, one or more authorization forms must be submitted with the application if there are multiple owners. er s) Applicant Signature JOHN K.AIGNS Printed Name of Owner(s)/Applicant NOTARY: STATE OF COUNTY OF tU5 6kPLO-f— foregoing ins The trument was acknowledged before me this — day of 2011, John K. Akins is --1,,-'P--e-rsonally known _ produced identificatio"an( Type of Identification), did il did not take an oath. 'IJIV PO Notary Pulm Slate of Floiida V1,qW.L G. n My C.....j.0854805 Na ry Ep..0310112013 ta Administrative Relief Agent Authorization Form Page 1 of 1 EXHIBIT 7 noel, 17345Z7 %3/11/2009 led & Rec in al rds ®f Parcel Identification No: Fi MONROE coUNTYorded DANNYoffici L. KORecoLMAGE This Instrument Prepared By and Return to. @3/t7/2009 i%-52AM $0 70 ingEn uric STAW CL: TRINA Virginia Pennell Sunshine Title of the Keys,Inc. Doan 1734587 102900 Overseas Highway #6 8k9 2404 lag" 841 Key Largo,Florida 33037 QUITCLAIM DEED This Quitclaim Deed,made s dayof March,2 9,berween CANDACE AKINS,whose address is E& ' rantor,and JOHN W.AKINS and GLENDA AKINS, husband and wife and JOHN X AK997zrM_t tenants with rights of survivorship whose address is P.O,Box 246, Key Largo,Florida 33037, Grantees. WItuesseth,that the Grantors,for and in consideration of the sum of—-------TEN&N01 00(V 0.00)---------- ----DOLLARS, end other good and valuable consideration to Grantor in hand pmd by Grantees,the receipt of which is hereby acknowledged,have granted,bargained and quitclaimed to the said Grant ces and Grantee's.helm- �wd assigns forever, the following described land,situate,lymg and " in The County of MO OE-State of Florida.to-wir Lots 19,20,21,27,23,24,25,26 and 27,Block 1,DOCTOR'S ARM SUBDIVISION,according to the Plat ibereof as recorded In Plot Book3,Page 141,of the Pablic Records of Monroe County,Florida. THE PROPERTY DESCRIBED HEREIN IS VACANT LAND AND DOES NOT CONSTITUTE THE HOMESTEAD OF THE GRANTOR,NOR IS IT CONTIGUOUS THERETO. To Have and to Hold the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining,and all the estate,nghG tift interest,lien,equity and claim whatsoever of Grantor,either in law or equity.for the use,benefit and profit of the said Grantees forever. In Witness Whereof,the Grantor has hereunto se'her hand and seal the day and year first above`mien. Signed 9 led and del" d in our presence pic =:KAM=_ Si tyre CINDACt A 2 Vv6 P.O.Box 246.Key Largo,Florida 33037 wl sal Frinte N ne ................................... ............................................................. ............. VMbless 2 ,pa&tre f I I)I v,,- I A3 kA f�Aj AJ�,L L_ Witness ttPrinted Name STATE OF FLORDDA COUNTY OF MONROE The foregoing iris cut was acknowledged before me this I_2 _j of Much,2009,by CANDACE A who is personally known to me or who has produced cr,x as idenlificairon SEAL 0 %%tj%lttlttjjt4/ tary lure ............................ ...................................... Printed Notary Signature M.y Commission 41®® KMOE COUNTY OFFICIRL RECMs File#0902430 EXHIBIT Stanidewicz-Tiffa From: Gdmsley-Susan sent Monday,July 09,2012 11:56 AM ® StankievAa-Tiffany cc: rgarda@raygardalaw.com Subject: is To ensure a smoother hearin&and in order to have a hearing with no surprises and full disclosure, I spoke with Ray Garcia and he Is amending his application to include allocation. He will put the Sept 19,3-00 pm date on his calendar. Susan Grimsley,Asst. County Aftorney 1111 12th St. Key West, FL 33040 Ph. 305.292.3470 Fax 305.292.3516 Marathon Telephone 305.289.25M ri l -Sus n Sent Tuesday,August 21,2012 11:34 AM To: Ray Garcia (r rci rci l .c ) S nki -Ti n , c -T ley, Hurley-Christine, T Subject Akins i i iV li f Hearings PleaSe be advised that the regular roe County Board of County Commissioners September 21, 2012.This was done at the meetingu ri applications submitted I )for administrative relief ill be scheduledr r 21, 2012 Marathonat the r 2798 Overseasr ife Marker 50, Marathon, Florida. Pleasereceipt is e-mail.Thank you very much. Susan Grimsley,Asst. County Attomey I I I I t Key Wes� l 33040 - Fax Ph. 305.292.3470 TelephoneMarathon r _ J ibbiP r r�p,�,cc EXHIBIT R09 COUNTY PLANNING DEPARTIAE ftea'` Iit APPU ON FOR RESIDENTIAL PERMIT ALLO 41 �' PRINTPLEASE CARD.RECORD IF YOU HAVE QUESTIONS OR WISH To POINTMENTYOUR APPUCATION, GROWTH E jgFICE CLOSESTo YOUR pROjECT. ONCE THISI I REVISIONSACCEPTED AND D COMPLETE, ILL ONLY BE ACCEPTED IF A NEW APPLICATION Is SUBM Owner(s) L= �T �Ph.(W)- - c Mailing Address: i 7-g l p: 32 Agent Name: ®s } ( ) Mailing State: Zi Su Winn an Check Yes or Y —No Jcontguousin roads or i number0f property aid nmvft in favor Of WW er0brombis by the Cm*. Yes— } e !!icatim ofv=K Wki"WW bcaWd In MOM proposed fbraoqum*m. Yes No The prWosal ! 1 d0dtdfttga�. orowriersiv.3)copy of We bsurance,4)Proposed WARRANTY DEED(S) not be ),and 5}hvW dedicaftu must be In Ow same ommmhip as the 0 a fed 71 `(s) -------------- Y08—NO Transfer of R (TRE'$)are Witted in the development or dwelling waft. Afladwwt s Ware to be usW for dils application. 1 1)1 have few 2) AJ pgmtbm of Anus and or* or Y' Perodsfar 11 ignat�ure ,o " ! /oZ S9 Appftm t D �icnowrr n►ras rfris ,f�day of Zp�� �F�,U/,).�4(� rde or,and*ft did(old�)take an y ti DAWN K BENDER �Way Pubk•Stele or Raft Cwffft fa+E*m Dee&20M Comminion i Nadmml NOW ASK T EXHISM County of Monroe Growth Management Division fu¢D�vartment 2798 Overseas Highway hard oi y .nMlaks o-ex-5 Suite#410 ' Mayor George Neugent,Dist.2 Marathon,FL 33050 _ Mayor Pro Tem Sylvia J.Murphy,Dist.5 Voice: (305)289-2500 4 Kim Wigington,Dist. I FAX: (305)289-2536 r Heather Carruthers,Dist.3 Mario Di Gennaro,Dist.4 We strive to he caring,professional and fair CERTIFIED MALL 70062150 0001 0488 1131 April 27, 2009 John Akins 107 First Terrace ReY Largo, FL 3303 7 RE: ROGO Applications 07100486; 07100479; 07100485; 07100483 Dear Mr. Akins: The Planning & Environmental Resources Department has found a scoring error on ROGO applications 07100486; 07100479; 0710085; 07100483. The proposed development in each of these applications is located in the `V' flood zone, Therefore, each application has beengiven the-4 point assignment for being located the `V' zone special flood hazard area. If you have any estio 1 e contact me at 305-289-2513. Sin el i 4tankiZ eicz Sr. Planning Tech. cc: Townsley Sewa , Planning&Envirm. ental Resources Director d d a } i 7q N ®e •® CD C ; � fill F 'Y CO L ! SL ar w ` L Cl 13 Cl b � off h uj g a tw � �' ° © � o 4 a F� 9INZ ill ! Fill i w sg� � 7006 2150 0001m 0488 1131 n wIr : ti Lq call M MOM TT -r L" x �, ❑®❑ w off C C)4 J J -2 -2J r. n 13 tN D • ExHisrr Pap I of 2 From: Giniele"unn 801d» Tuesday,August 17,2010 4:24 PM TW Lee Rohe H n Y:Schwab.Townsigy, u Appeal Thank you. Susan Grimsfey,AssL County Attorney 5-2 70 From Lee Pot* • ] SWO Y,Augul 16,2MO 12:22 PM ri SuBan, Please be advised that i or Ho&wmy in the matter captioned below. Thanks. Lee R.Rohe Message From:Jim-ftg . - s ® corn Tuesday.July 11:18 AM ownerAtms Yes, P _ u n . idu hd ,rye:Lee Rohe CC-Hi0nnAb- Soft nna Tu ,Ju20.201010: 1 AM RE:t MY understanding is that want the appeal to stay in place so that n be tescheduleda later date.Lee,can you confirm that? S CY, Attorney zw mth abrect key west,g .Q92.MO Key,West 3a5Marathon From:Hud%,Qdfte SM 1*20,2010 10:29 AM j n SWOKL,RE, s Which are they doing-withdrawing or deferring? 17 10 M23 AM Sincethis Is e public hearing, il delete It at the beginningf the meeting as a change to the agenda. Susan Grimsl nty et 6y ff 33o4o 305.29W3470 Kcy West .2500 MAVIthon SMb Fmm:Lee Rohe[=lrWhIawObeRKKM.naj CC! BOPVVad@BDI.CDM This f confirm our agreement to withdram deft or table the above ftern when it comes up at tomffvWs ThankBMG meeting. you lbr your Lee R.' 11% h virus745-2254 No found in Chocked by AVG- Version: 9.0.839/ I° .1 1 - /I : %/e 8/17t2010 COMMISSIONERS130ARD OF COUNTY jMeeting Datc.__LWX_2j,2Ll Q Division Bulk Item; Yes No Department- Staff Contact43horte : Aappeal7f the am of the Monroe County Commission for applications #07100486, 71 79, #07100485 and #07100483 in Planning Commission Resolution 10 dated Ma& 10, 2010 and approval of a resolution approving the ROGO rankings and DENYING the APPetl by the appellant,John K.Akins. °ROGO applications07100479, 07100485,07100483, and 07100486 on IWA 12, 2007, which staff incorredly scored out a VE flood zone deduction of fiw points pursuant to the tier ordinance criteria. One of the four applicationswas scored in arror based erroneous survey The four wors were discovered when staff researched the applications on from another applicant regarding point deductions for the VE flood zone. The applicants wen notified by cerhfied mad return pt as soon as the error was dwovered. On May 15, 2009 the cartified rempt was signed.° Since the errors were discovered by staff, the Planning Commission has approved five Roiao rankings reflecting the four point deduction on the four applications. On March 30, 2010 JPrevatt, application to appeal the R OGO mnkaW and pomts approved by the Monroe County Planning Commission on March 10, 2010 by Planning Commission Resolution 10. On y 27,2010 Banb hwmU,8PPliCants agent requested a continuance to the July 21,2010 Board meeting, Since the filing of die appeal the PlanningCommission reviewed and approved another quarWly ranking for the Big o Name Key subarea on June 9, 2010. Ibis was the Ss` quarterly meeting reflecting the scoring Corrections where nedther the applicantwhere RELEVANTPREVIOUS C : On March 15,2006,the Board20 C iA S:NIA RECOMMENDATIONS:STAFF Staff recommends the Board of County Commissioners Planning Commission ROGO Rankings for these four applications , TOTAL A COST:INDIRECT A . Y A o PREFERENCE:DIFFERY14TIAL OF LOCAL C / S:REVENUE IY/ : Yes No— AMOUNT PER MONTH__yML_ APPROVED : C ® A DOC N:Included Not Requked D S : AGENDA �j MEMORANDUM MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring,professional and fair To: Monroe County Board of County Commissioners From: Tiffany Stankiewicz, Development Administrator Through: Townsley Schwab, Sr. Director of Planning&Enlironmental Resources`9 Date: June 21, 2010 Subject: Administrative Appeal by John K. Akins concerning property described as Lots 19, 20, 21, 22, 23, 24, 25, 26, and 27, Block 1, Doctors Arm Subdivision, Big Pine Key Meeting: July 21,2010 1 I DECISION BEING APPEALED: 2 3 The appellant, John K. Akins, is appealing the reduction of ROGO points and the rankings 4 approved by the Planning Commission March 10, 2010 under Resolution 04-10 which 5 affected his four ROGO Applications. The subject parcels and applications are under the 6 ownership of John K. Akins,John W. and Glenda Akins. The appeal is based on the original 7 incorrect scoring of the properties as being in an AE flood zone when the properties are, in 8 fact, in a VE flood zone(-4 points). 9 10 Monroe County Code Section 138-1, Appeals states that an appeal from the decision of the 11 Planning Commission on a ROGO allocation shall be made to the Board of County 12 Commissioners within 20 days of the Planning Commission's decision. The filing of an 13 appeal does not stay either the action of the Planning Commission or the action of the 14 Planning Director. This appeal of the approved ROGO Rankings by the Planning 15 Commission from March 10, 2010 was filed in a timely manner. However, the actual point 16 reductions and ranking changes occurred in June 10, 2009 by Planning Commission 17 Resolution P23-09. The Code does not specify that the appeal must follow after any specific 18 quarterly ranking. 19 20 Originally staff was prepared to schedule the appeal at the June 2010 Board of County 21 Commissioners meeting. However, prior to the agenda deadline, Mr. Prevatt requested a 22 continuance to the July Board meeting. 23 24 Since the filing of the appeal the Planning Commission has reviewed and approved another 25 quarterly ranking for the Big Pine/No Name Key subarea on June 9. 2010. This was the 5 h 26 quarterly meeting reflecting the scoring corrections where neither the applicant nor an 27 authorized agent where present. 28 29 Page I Reviewed by I Applications and Locations: j 3 1) Building Permit Application&ROGO Application: #07100486 4 Legal Description: Lots 21 and 22,Block 1,Doctors Arm Subdivision,Big Pine Key, 5 Monroe County,Florida 7 Real to Number: 00310220.000000 8 2) Building Permit Application&ROGO Application: #07100479 9 Legal Description: Lot 23 and SLY 26 ft Lot 24, Block 1, Doctors Arm Subdivision, 10 Big Pine Key,Monroe County,Florida I IReal Estate Number: 00310240.000000 12 13 3) BuildingPermit Application&ROGO Application: #07100485 14 Legal Description: Lot 27 and NLY 51 ft Lot 26, Block 1,Doctors Arm Subdivision, 15 Big Pine Key,Monroe County,Florida 17 to Number: 00310290.000000 18 4) Bu"dmg Permit Application&ROGO Application: #07100483 19 LegalDescription: Lot 25 and SLY 17 ft Lot 26, Block 1,Doctors Arm Subdivision, 20 Big Pine Key,Monroe County,Florida 22 to Number: 00310260.000000 23 Appellant: John K.Akins 244 Agent: Banks Prevatt 26 II BACKGROUND INFO ._T 0M 27 28 A. Land Use District: Commercial Fishing Special District(CFSD-8) 29 B. Future Land Use Map(FLUM)Designation: Mixed Use/commercial Fishing(MCF) 30 C. ROGO Su • Big Pine Key/No Name Key 31 D. Tier Desi 'on: Tier 2 i 1n i 6 i^i I 12087C1328K " Vf 32 AR 33 , 34 Subject Propertles(outlined In blue)(200 lrl line shows separation of the AE Flood Zone and VE Flood Zane Page 2 view "' 1 2 III RELEVANT PRIOR COUNTY CT S: 3 4 The chart below shows a chronology of application submittal dates (Building 5 Applications to ROGO Applications), description Department APP � ), ption of flood zone information provided on 6 Building Application Plan submittals, survey submittals showing flood zone information, 7 approximate date of scoring error discovery, scoring error notification to applicants' address 8 of record,Planning Commission Resolutions indicating scoring error corrections. 9 10 AppHention No. 107100496 07100M 07100493 07100479 Rai Estate No. 00310220.000000 00310260.000000 00310260.000000 00310240.000000 Building Application Jan.31,2007 Jan.31,2007 Jan.31,2007 Jan.31,2D07 te The Applicants Pre Tier System minus Pre Tier System minus Pro Tier System minus Pre 111er System minus Building Plana 1 for AE Flood Zone 6 for VE flood zone 6 for VE flood zone 6 for VE flood zone Indicated flood zone deduction points Survey from ISurvey indicated Entire property in VE Entire property in VE Entire property in VE Lawrence P.bank m Ority of property in zone. zone. Zone. dated Dec.4,2006 AE Zone and a small Indicated properly portion in the VE If flood zone. zone (sur►rey error discovered in 2009 revealed a diffemw pro;w•tion of the AE Zane va.the VE Zone). Banding Department Reviewed for AE Zone Reviewed tir VE zone Reviewed for VE zone Reviewed for VE zone reviewed plans for construction. construction construction construction AFJVE Zone construction. Buz rward g Department May 3%2007 June 6,2007 June 6,2007 June 6,2007 application to Planning to contact applicant to enter ROGO. Data ROGO June 12,2007 June 12,2007 June 12,2007 June 12,2007 Application submitted Initial scoring of ROGO Application RO(30 Application ROGO Application ROGO Application ROGO Application scored as if in AE soared as if in AE scored as if in AE scored as if in AE for Quarter that Zone Tone Zone Zone dosed July2007. Scaring Error Early April 2009,post Early April 2009, post Early April 2009, post End l 2009 discovered Tier System should Tier S Y ' Psi ystcm should Tier System should Tier System should have indicated -4 have indicated -4 have indicated 4 have indicated 4 Vointo -Points Dints Dints Data certified letter April 27,2009 April 27,2009 April 27,2009 April 27,2009 seat regarding scoria error Date return receipt May 15,2009 May 1 S,2009 May 15,2009 May 13,2009 ryas ed ROGO Raukings Planning Commission Planning Commission Planning Commission Planning Commission Quarter 3 Yr 17 Approved Resolution Approved Resolution Approved Resolution Approved Resolution indicated scoring P23.09,June 10,2009 P23-09,June 10,2009 P23-09,June 10,2009 P23-09.Jane 10,2009 correction ROGOIiankinge Planning Commission Planning Commission 342-09, nning Canuin won Planning Commission Quarter 4 Yr 17 still Approved Resolution Approved Resolution proved Resolution Approved Resolution referenced the P42-09,Sept 2,2009 P42-09,Sept 2,2009 Sept.2,2009 P42-09,Sept,2,2009 scoring correction Page 3 Reviewed by S�j_ ROGO Rankings Planning Commission Planning Commission planning Commission P kenning Commission Quarter 1 Yr 18 Approved Resolution Approved Resolution Approved Resolution Approved Resolution continued with P55-09,Dec. 15,2009 P55-09,Dec. 15,2009 P55-09,Dec. 15,2009 P55-09,Dec. 15,2009 correct points ROGO Rankings Planning Commission Planning Commission Planning Commission Planning Commission Quarter 2 Yr 18 Approved Resolution Approved Resolution Approved Resolution Approved Resolution continued wltb PO4-10, March I0, PO4-I0, March I0, PO4-10, March I0, PO4-I0, March I0, correct points 1 2010 2010 20I0 20I0 ROGO Ranking Planning Commission Planning Commission Planning Commission Planning Commission Quarter 3 Yr 18 Approved Resolution Approved Resolution Approved Resolution Approved Resolution continued witb P10-10,June 9,2010 P10.10,June 9,2010 P10.10,June 9,2010 PI0-10,June 9,20I0 correct points 1 2 The above chart shows the pertinent information from the initial submittal of the four 3 applications to the Building Department, Three applications contained information on the 4 building plans and surveys showing the properties located in the VE flood zone, while one 5 set of building plans and the survey showed the property located in the AE Flood Zone. 6 When the Applicants subsequently entered ROGO in June 2007, staff incorrectly scored the 7 applications without a VE flood zone deduction of four points Pursuant to tier ordinance 8 criteria. The errors were discovered when staff researched the applications based on 9 information from another applicant, received by the Planning Department regarding point 10 deductions for the VE flood zone. One of the four applications was scored in error based on 11 an incorrect survey, which was discovered by staff after examining the Flood Insurance Rate 12 Map (see map in the section II above which shows the property boundaries and VE and AE 13 Flood Zone line). 14 15 On April 27, 2009, the Applicants were sent a certified letter to the address of record 16 regarding the scoring error. A signed certified receipt dated May 15, 2009 was returned to 17 the Planning Department. Subsequently, the scoring corrections for these applications were 18 identified on the approved ROGO rankings, which are available in the Planning Department 19 and on the County web site. From the information in the foregoing chart the rankings were 20 adjusted and maintained at five quarterly Planning Commission meetings and the applicants 21 did not appear before the Planning Commission. 22 23 IV REVIEW OF APPLIC 24 25 The decision being appealed is the reduction of ROGO points approved by the Planning 26 Commission on March 10,2010, Resolution 04-10. However,the actual VE flood zone point 27 change occun+ed when the Planning Commission approved quarterly rankings on June 10, 28 2009(see Resolution P23-09). 29 30 In April of 2009 the Planning&Environmental Resources Director reviewed the 31 documentation(files, flood zone maps,surveys,plans,etc.)to determine if a scoring error 32 occurred by staff regarding the flood zone points. After the review,the Director determined 33 that scoring errors occurred on the four applications. Therefore,the applicants were sent a 34 certified letter(Certified Mail Return Receipt 7006 2150 0001 0488 1131)dated April 27, 35 2009 regarding the flood zone scoring error,which was signed for on May 15,2009.The 36 applicants were notified as soon as the error was discovered. 37 38 The Department was compelled to correct the error,in order to preserve the rights of other 39 applicants in the ROGO rankings. The rankings of the applicants'properties moved down Page 4 Reviewed by I approximately 18 places. The rankings prior to the corrections showed the applicants ranked 2 22,23,24,&25 and the next rankings with the corrections showed them at 40,41,42,&43. 3 4 Mr.Banks Prevatt came into the Planning Department in November of 2009,requesting 5 information about these properties,which was prior to being an agent on the ROGO 6 applications. He later asked for information about an appeal. Appeal information was 7 provided. On March 18,2010,agent authorization was submitted. 8 9 The properties are located in the Big Pine/No Name Key ROGO Subarea. This subarea is 10 limited to 8 market rate allocations per year, allowing for 2 allocations per quarter,provided 11 there is enough mitigation to cover the H-value used for allocations. In the quarterly 12 rankings approved by the Planning Commission March 10, 2010,the two applicants who 13 received allocation awards each had 20 points and the subject applications of the this appeal 14 each had 8 points. Since the submittal of the appeal and the initial report writing a 15 continuance was requested by Mr.Prevatt to have the appeal heard at the July Board meeting 16 rather the June meeting. On June 9,2010 the Planning Commission reviewed and approved 17 another quarterly ranking on Big Pine/No Name Key Subarea,which reflected the applicants 18 V zone scoring. 19 20 It should be noted that these applications will be eligible for Administrative Relief after the 21 quarter closure of July 2011. From the closure of the 16a'quarter,after the ROGO 22 application was made,the applicant will have 180 days to submit four Administrative Relief 23 Applications. 24 25 There is an alternate avenue available for the applicants to investigate regarding the VE flood 26 zone designation. Property owners may seek a Letter of Map Revision(LOMR)requesting a 27 revision showing their property is located in a different flood zone. There has been a 28 property in Doctors Arm that recently obtained a LOMR. The applicants may contact Diane 29 Bair, Special Projects/Floodplain Administrator for additional information regarding this 30 process. 31 32 As an aside,the applicants should contact the surveyor regarding the need for a new survey 33 and also, should contact the Monroe County Building Department regarding any building 34 plan corrections that may be required for the property identified with real estate number 35 00310220.000000. 36 37 Staff concludes the scoring was correctly adjusted to reflect the VE flood point deduction. 38 However,if new evidence is submitted to show the properties are in the AE flood zone and 39 no portion of the structure is located in the VE flood zone,then the points could be positively 40 adjusted accordingly. 41 42 V COMMENDATION: 43 44 Staff recommends the Board of County Commissioners affirm the Planning Commission 45 ROGO Rankings for these four applications. 46 Page 5 viewed by;90- j/ RESOLUTION No. -2010 r% A RESOLUTION OF THE MONROECOUNTY BOARDOF COUNTY COMMMSIONERS AF71RM1NG THE ROGO ALLOCATION OF THE MONROE COUNTY PLANNING CONMSSION R APPLICATIONS 1 6, 1 79, #u7jWM #07100483 IN PLANNING COMMISSION OL ON 04-10 DATED10,2010 John K. Akins, through his agent Banks Prevatt, filed an application to appeal the ROGO rankings and points approved by the Monroe County Planning Commission on March 10, 2010 by Planning Commission Resolution PO4-10; and WHEREAS, the rankings and points being appealed were for four parcels of property identified as RE#00310220. 00310240.000000, RE#00310260.000000, and RE# 00310280.000000 with ROGO application numbers 07100486, 07100479, 071004,83, and 07100485 respectively; and WHEREAS, the survey in the building permit application file for application 07100486 filed January 31, 2007, showed the property erroneously in an AE flood zone which error was later discovered and points deducted for being in a VE flood zone; and WHEREAS, the building permit applications filed on January 31, 2007 showed the parcels in applications 07100479, 07100483 and 07100485 as being in a VE zone; and the above referenced four applications entered into the ROGO competition process on June 12, 2007; and staff scored the applications as though in flood zone AE, with no deduction of points; and staff did not discover the error and correct the applications with the required four point deductions for each application until April of 2009; and WHEREAS, the applicants were notified by certified letter of the correction by letter dated April 27, 2009 signed for on May 15, 2009; and the scoring was corrected at the June 10, 2009 ROGO rankings by the Planning Commission Resolution P23-09 for Year 17, Quarter 3 and for all subsequent quarters including ROGO Year 17, Quarter 4; ROGO Year 18, Quarter 1; ROGO Year 18,Quarter 2; and ROGO Year 18,Quarter 3; and the appeal was originally scheduled for June 16, 2010,but a request for the appeal to be heard at the July BOCC meeting was received from the applicant's agent on May 27, 2010; and WHERE AS, the Board of County Commissioners makes the following Findings of Fact and Conclusions of Law: g 1. Staff error may not give an advantage to one applicant in the ROGO competition process nor prejudice the rights of the other applicants in the ROGO rankings. 2. The points and rankings of the Planning Commission in Resolution No. PO4-10 are correct with respect to the four parcels of property identified as RE#00310220. 000000, 00310240. 00310260. , and RE#00310280.000000 with ROGO application numbers 07100486,07100479,07100483, and 07100485 respectively. NOW, THEREFORE, E IT RESOLVED BY THE MONROE COUNTY BOARD OF COUNTY CO SIO The decision of the Planning Commission as set forth in Resolution PO4-10 for the ROGO applications 07100486, 07100479. 07100483, and 07100485 is hereby AFFIRMED and the appeal by the applicant of the rankings and the deduction of points on the applications for being in a VE flood zone is hereby DENIED. PASSED AND ADOPMD by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the th day of July,2010. Mayor Sylvia J.Murphy Mayor Pro tern Heather Carruthers Commissioner Kim Wigington Commissioner George Neugent Commissioner Mario Di Gennaro (SEAL) BOARD F COUNTY COMM[SSIONERS OF MONROE Attest:DANNY L.KOLHAGE,Clerk COUNTY, A y Deputy Clerk y Mayor Sylvia a by TO VI ►a Appficants AppUcation and submittab I jj 1PPE.1(- 1'I'I0\ COUNTYMONROE PLANNING&ENVIRONMENTAL RFSOUR S MONRGE CO.PLANNING DEPT Appeal of Planning Commission decision to the Monroe County Board of County Commissioners Appeals of ROGO or NROGO Planning Commission decisions must be flied with the Planning& Environmental Resources Department within twenty(20)days of the date of the decision. Date of Submittal: 03 I3d / .24!D Month Day Year Decision being appealed: Re cl r e e t r a n o -' G a 5 Date of decision being appealed: ®b I /n /,Z oo q Month Day Year Appellant- Agent(if applicable): -T k, to k;,n c o• tc a2 Name P L rL .799 6? 6Ver,.r V. n oo A-0, 3 O Mailing A ( ,City,State,Zip Code) Mai iin -(Suee.City,Sta Zip ) 3 115' 9q.0-?333 3o!;- 7.2 ' Daytime phone Daytime phone L a c1 @ Re e�. ore 8 G Pre-V a-& Ae' l. e®rw, Email Ad Email Property Owner: O ' S Name .®.®.� P. b , ►3o x a2 L!6 x L a r-el O tt_ 3 Mailing Ad (Street.City,Statc,Zap ) ( 3c)5 'q %44— 733 Daytime Phone Legal Denription of Property: (if in metes and bounds,attach legal descriptton on separate sheet) - cx ( k0621 e Block Lot 5uhdiviRon Key(island) Page I of3 kIN:Up\iiOG0 1ltpeal %pplicatiott ke%1wd \lurch 33,2010 uv � Real PSMIC RE Number t'S I4; p� Iti1*ikrs L=c,,e Alternate Key Number Str ' dress Approximate Mile Marker U j r IEP7 ` Land Use District Designatiou(s): G F s ` •- Present Land Use of the Property: Are there any pending codes violations on the property? Yes: No: ✓ If yes,please provide case number: A COPY OF THE BASIS PEAL IN THE NATURE OF AN INITIAL BRIEF O STATEMENT OF ARGUMENT AND ANY EVIDENCE INCLUDING TESTIMONY, AFFIDAVITS AND THE CURRICULUM VITAE OF ANY EXPERT WITNESS THAT WILL BE CALLED MUST BE ATTACHED To TMS APPLICATION. The brief must at a minimum state all grounds for the appeal, including but not limited to, the law being appealed and any facts nwAssary for interpretation of those laws. (Attach additional sheets of paper) All of the following most besubmifted in order to have a complete application subm Ittal: (Please check as you attach each required item to the application) Complete appeal application (unaltered and unbound); Proof of ownership(i.e.Warranty Deed); Current Property Record Card(s)from the Monroe County Property Appraiser; A copy of the docnment(s),which comprise the decision being appealed; Any evidence and record which forma the basis for the appeal must be submitted with this application; 13 Names and addresses of all expert witnesus that you propose to call at the hearingLJ ; Photograph(s)of site from adjacent roadway(s); If applicable,the following crust be submitted in order to have a complete application subml l: Notarized Agent Authorization Letter(note:authorization is needed from all owner(s)of the subject roperty) IT Signed and Sealed Boundary Surveyor Boundary Survey—sixteen(Ib)sets(please contact Monroe County Environmental Resources prior to application submittal to determine if this documentation is necessary) If deemed necessary to complete a full review of the application, the Planning & Environmental Resources Department reserves the right to request additional information. if new evidence,or the basis for appeal, is submitted at the BOCC hearing,Staff shall request that the hearing be continued to the next BOCC meeting nearest to the property so that ,Staff has the opportunity to prepare a response to the new evidence. %j Page 2 of 3 V .. E Id � den If the applicant does not submit the basis for the appeal. appeal with the application, S i omutenial of OWL' 1. r-_ii.,%,,4G WEPT, I certify that I am familiar with the information co . ed in this application,and that to the best of my knowledge such information is true,complete and accuratg Signature ofApplicant- (Print name of Applicant signing Application) Sworn before me this day of O Q d u c 44" an=!0 00 u Notary Public mmmaxtuftw AWL My Commission Expires PIease send the complete application package to: !v Planning Commissioner Coordinator County Planning&EnvimamenW Resources De art 2798 Oversen Highway,Suite 400,Marathon,FL 33050 aid PURSUANT TO SECTION 286.0105,FLORIDA STATUTES,NOTICE IS Q T IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE MONROE COUNTY BOARD OF CO UNTY COMMISSIONERS WITH RESPECT TO ANy MATTER CONSID AT SUCH HEARING OR MEETING,THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS,AND THAT,FOR SUCH PURPOSE THAT PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS ISMADE,WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICHTHE APPEALIS TO BE BASED. SUCH RECORD TO BE AT THE COST OF THE APPELLANT. Please Note.A transcript made from recordings or other secondary meang does not provide a sufficiently ace urate record of all the speakers.Therefore,such"secondary" cripts may not be accepted as a valid verbatim transcripL i/ Page 3 of 3 FItI(,1f \iirNdl 1�r�ef1 tpphrrll.,:12r ,. e1 LEGAL DESCRIPTION LOTS 19,20,21,22,23, 24, 25,26 and 27,BLOCK 1,DOCTOR'S ARM SUBDIVISION, according to the Plat thereof as recorded in Plat Book 3, Page 141 of the Public Records of Monroe County,Florida. AL ESTATE NUMBERS 00310280-000000 00310260-000000 00310240-000000 00310220-000000 ALTERNATE KEY NUMBERS 1382337 1382353 1382370 %?I 13$2396 „% ' 0 10, o ors ,ln4M e3/17/al*9 11,S2M ffl, Parcel Idenl�"fuation No W 00 OMW L�IH� 'flIn This Inswantenl Prepared By and Return to: asrty�gaN is""smut 70 v txtt:artutP a rlruw ss. Virginia Penoen Stunhhu Title of the Keys,Inc. Dean 3734067 I t71900 Overseas Highway 46 S" 2W POD $41 Key Largo,Fimida 33037 QUITCLAIM DEED made day of Marob 3W.between CANDACE AMS.whose addrou is and JOHN W.AKINS sad GLENDA AKINS. basbaud and w10s and JOHN K.AIMS,jolm tsuents vvidr rights of aurvivvonbip whose add"is P.O.Boa 2016, Ke7 Lugo,FbMda 3303% Gm tfsa. Wltm uth,that the GramoM ibr and in eonaWmtion of the sum of---- .—TEN dt NO/100(s I0.00) -..—»- - --DOLLARS,and other good and valuable consideration to Graumr in hand paid by Grantors.the reoeipl of m m�, following deaeri6ed shad, inwoe,belt sad bok%in tha Cot�o ad Grantees of moNRR fState of Florida.w-wit: Lots 19,A 21,22,23,21,M 24 and 27,Bladt 1,DOCTOR'$ARM SUBDIVISION.aecoadtag to the Pint tharl'of"retordad 19 NO Bank 3,Pass 141,of the Public Racesds of Mona County,Fiorlda, THE PROPERTY DRSCRIBED HERED! IS VACANT LAND AND DOES NOT CON$TMIR THS HOhWTEAD OF THE GRANTOR,NOR 19 IT CONTIGUOUS THERETO Ts Have and to Hold the same together with all and skgular the apptntesaaees tlttramlo bel aging or in anywise g4mbining,sod all dw em ri5K dtK inhust,Ilea,etptiry and claim whatsoever of Grantor,either to law or equity.for the use,benafh and profit of the old Ganteaa ferovcr. 4 " , In Wham=Wbareof the Grmloor has huwnto set her hand and seal the day and year first above written. Signed, tdluW dcibMmd in our pngeatce: tYf f/i S• °�• CANDACE A INS P.O.Box 246.Key Laren,Florida 33037 N I Prig N Nltr fit_ ernes lirtled Noma STATE OF FLORIDA COUNTY OF MONROE The fort9oio$instrument was aclotowlaFgad before me teis 3 of M .2009,by[ANpACE AKINS who Is peraornlly known to rue or who hen produced�[e�4 as identilkwim SEAL Ass• • Printed Notary Signstwnp My Commission > COUNIV WFICIOL ef3Ca"s ,GIN/ He 0 i Ervin A. Higgs,, CFA Property Appraiser o (305)292-320 Wonroe County, Florida fax (305)292-3501 @. RecordProperW i Alternate Key; 1382353 Parcel ID: 003102 -000000 Ownership Details Mailing Address: AllOwners: AKINS JOHN WAND GLENDA AKINS JOHN K RIS„AKINS JOHN W AND GLENDA PO BOX 246 KEY LARGO,FL 33037 Property Deail PC : DO-VACANT RESIDENTIAL MillagP Group: too" Affordable Housing:No Secllon-Townshlp- Range: 14 6B-29 Property Location: VACANT WITTERS LN BIG PINE KEY SubdMaion:DOCTORS ARM Legal Description:SK 1 LT 23 AND SLY 26 FT LT 24 DOCTORS ARM SUB P83-141 BIG PINE KEY OR409-382J85 OR788-1431 OR849.80f(02 OR1 33 OR2101-1457 OR2MX-841®!C Show Parcel Map Land Details d Use Code Frormage Depth Land Area M10W-RES WATERFRONT 0 0 14,880 00 SF Building Summary Number of Buildings:0 Number of Commercial Buildings:0 ToWl Living A :0 Year Built:0 Appraiser is SLY 26'OF LOT 24(RE 10250 00 AK 1382361)HAS NOW BEEN COMBINED WITH THIS PARCEL PEROWNER'S REQUEST DONE FOR THE 2007TR&=07 JDC 2007/05 PERMIT#07100479 FOR SFH IN PROCESS PER SLOG DEPT(JOC) Parcel Value History View Taxes for is Parcej„ Roll Total Bldg Total Mlac Improvement Total Land Total Just(Market) Total Asseaffed School Exempt School Taxable Year Value Value Value Value Value Value Value 209 0 0 ,750 102 760 102,760 0 102.760 2008 0 0 117,"0 117„440 117,440 NNW 0 117.440 2007 0 0 411,040 411040 411,040 0 411040 2008 �0 0 127.500 127 500 127.500 0 127.500 2005 0 0 127,500 127.500 127.500 0 127 500 i 2004 0 0 51,000 51,000 51.000 0 51000 2003 0 0 44.625 44,625 44 625 0 44.625 2002 0 0 44,625 44.625 44.625 0 44,625 2001 0 0 44625 44„825 44.825 0 44,625 2000 0 0 44,625 28,775 26,775 0 26 775 1989 0 0 44,625 28 775 26,775 0 25,775 1998 0 0 44,825 25,775 28.775 0 26 775 1997 0 0 44„825 26,775 26,775 11111-11 0 26,775 1995 0 0 44.626 26.775 26.775 0 26.775 1896 0 0 44,625 44,825 44.625 0 44 523 MIA 1894 0 0 44.825 44.625 44,825 0 44.825 1993 0 0 4025 44625 44,625 0 44,625 1992 0 0 44,625 44,825 44,625 0 44,625 1091 0 0 44.625 44,625 44 625 0 44.825 1990 0 0 41,850 41,650 41,650 0 41.850 1889 0 0 37„825 37,825 37,825 0 37825 1888 0 0 25,500 25,500 25,500 0 25 500 1987 0 0 25,900 23,500 25,500 0 28,500 ,25500 25,500 j. 1988 0 0 25.500 0 25.500 1988 0 0 22.000 22,000 22.000 0 22,000 1984 0 0 22,000 22.000 22,000 0 22,000 1683 0 0 22,000 22,000 22,000 0 22,000 1882 0 0 15,909 15,809 � 15,809 0 15,809 Parcel Sales History `f0 F .Saes do Plot gerlrorafly s"Gvl up !n OCI'GO11putcr syslem intV BbOUt tW'} 1]zh'ree:'+1;'f'+',f$al,lar ale ly. _r a p+j !e ent S21e rrw,'S s-'r,`i?SilOw 4 try ?h:5 - 5? !please 9kDw rnor4e Nme{o, t'!r.salr -e.'crG ''.;F^F, B'v! „(,.: Sale Date Official Records Soak/Page Price Instrument Qualification 3/412009 24041841 100 QC 11 313012D05 2101/1457 1 WO M This page has been visited 244,519 times Monroe County Property Appraiser Ervin A. Higgs, CFA P O. Box 1176 Key West, FL 33041-1176 Ervin A. Higgs, CFA Property Appraleser office(305)292-3420 Wonroe County, Florida fax (305)292-3501 Property Record View Alternate Key: 1382370 Parcel ID- 00310260-000000 Ownership Details Mailing Address: All Owners: AK!NS JOHN WAND GLENDA AK!NS JOHN K R/$,AKINS JOHN WAND GLENDA PO BOX 246 KEY LARGO.FL 33037 Property Details PC Code:00-VAGANT RESIDENTIAL Mil lege Group: 10 Affordable Housing., No Section-Township-14-66-29 Range: Property Location: VACANT WITTERS LN BIG PINE KEY Subdivision-DOCTORS ARM Legal Description: SK 1 NLY 24FT OF LOT 24 AND ALL LOT 25 AND SLY 1 IFT LOT 26 DOCTORS ARM SUB PB3-141 810 PINE KEY OR4M 3OW65 OR788-1431 ORS49-601102 OR1384-33 OR2101-1457 OR2404-841 QIC Show Parcel Map Land Details Land Use Code Frontav! Do Pth Land Area M10W-RES WATERFRONT 0 0 14 746 W SF Building Summary Number of Buildings: 0 Number of Commercial Buildings: 0 Tolal Living Am@: 0 Year Built: 0 Misc Improvement Details 0 Units Length Width Year Built Roll Year Grade Life CL2.CH LINK FENCE 402 SF 67 6 1984 1985 1 30 Appraiser Notes S-LY 17-LT 26(RE 00310270-000000 AK 1382386)&N-LY 24-LT 24(RE 00310250-OOOODD AK 1382361)HAVE NOW BEEN COMBINED WITH THIS PARCEL PER OWNER'S REQUEST,DONE FOR THE 2007 TR 5M8107(JDCi .006105 PERMIT#07100483 FOR SFH IN PROCESS PER SLOG DEPT REMOVED OVERRIDE AS LOT IS BEING USED. Parcel Value History C.gio"Ied Rwa °Values j view Tax s for this Parcel Roll Total Bldg Total Mice Improvement Total Land Total Just{Market} Total Assessed School Exempt School Taxable Year VDILM Value Value Value Value Value Value 2000 0 281 103,222 103.503 103,503 0 103,503 2008 0 281 117. 118,249 118.249 0 118.249 2007 0 251 412,888 413,139 413,139 0 413,139 2008 0 638 94125 94 761 94,761 0 94.761 2006 0 636 94,125 94 761 94.761 0 94,761 2004 0 636 37,650 38,286 38,286 0 38.286 2003 0 638 32,944 33,580 33,580 0 33,580 2002 0 684 38,238 36,922 36,922 0 36,922 2001 0 748 36,238 38,988 36,986 0 36 986 0 0 485 38,238 36„723 36,723 0 36,723 1999 0 514 36236 38,752 36,„752 0 36,752 Im 0 552 38,238 22,353 22,353 0 22,353 1997 0 581 38,238 22,353 22,353 0 22,353 lose 0 610 36,238 22,353 22.353 0 22.353 1995 0 649 38.238 38,887 36,887 0 36,887 1994 0 678 36,238 36,916 38,918 0 36.918 1903 0 707 38,238 38.945 38.945 0 36„945 1992 0 748 36.236 36.984 38. 0 36984 ���` 1981 0 775 36,238 37.013 37.013 0 37,013 1990 0 804 33,822 34,626 34,626 0 34,628 1989 0 843 30,716 31,559 31,559 0 31,559 19W 0 872 20,708 21.580 21,580 0 21,580 1087 0 001 20,„708 21,609 21,609 0 21609 1986 0 940 20,70a 21,W 21, 0 21, 648 eat 0 0 19.8w 19.800 19.8w 0 19,800 1984 0 0 19,800 19, 19'aw 0 19,800 1983 0 0 19.8w 19,800 19 0 19, 1982 0 0 14 449 1409 14,440 0 14. Parcel Sales History h1L �.� 7.31eS do•'011 ;Iefleraf Y SrdC3 L.0.r JW Z-Orr.PU-:eO SySlern A ghrjut Iy O t3 .n'Re "10f T,'3 afi?, Ce e?,S gel 4Wpr S.)PL, dbec Oni SrCe'dw A 'J(*,;I'PS ��tit T1IF+a80 hi,ow 'lex-e `,r°'}4,?sR,e renord :'ai he 61gceb5AlE ,k/ULI 1'.r +ctl�r' ,ve and Pirjer5tan,li1y Sale Date Offtlal Records 8 Bg2 Price Instrument Qualrfl on 318l2009 24041841 100 Qc r1 e 2101 r 1457 1 yyp M ` � This page has been visited 244,515 times Monroe County Property Appraiser Ervin A Higgs, CFA Ervin A. Higgs, CFA 45 Property Appraiser Dffice (305)292-3420 @Monroe County, Florida fax(305)292-3501 Property Record View Alternate Koy: 1382399 Parcel ID, 00310280-000000 Ownership Details MallIng Address: All Owners: AKINS JOHN AND GLEN DA AXIS JOHN K R/S,AKINS JOHN W AND GLENDA PO BOX 248 KEY LARGO.FL 33037 Property Details PC Code.00-VACANT RESIDENTIAL Millage Group., I OOH Affordable Housing: No Section-Township- Range: 14-M29 Property Location. VACANT WITTERS LN BIG PINE KEY Subdlvlslon:DOCTORS ARM Legal Descripdon, BK I NLY 51.5FT OF LOT 26 AND ALL LOT 27 DOCTORS ARM SUB P133-141 BIG PINE KEY OR409-382185 OR788-1431 OR84MO1102 OR 1384-33 OR2101-1457 OR2404-M1QfC Show Parcel Map Mf Land Details Land Use Code Frorftp Depth Land Area Mi OW-RES WATERFRONT 0 0 17,!390 00 SF Building Summary Number of Buildings: 0 Number of Commerclal Buildings:0 Total Living Area: 0 Year Built: 0 MISC Improvement Details Nbr TME!! 0 Units Length Width Year Built Roll Year Grade Life LINK FENCE 594 SF 99 a 1984 1985 1 30 Appraiser Notes REMOVED OVERRIDE AS LOT IS BEING USED. 'LY 51 T OF LOT 26(RE 00310270-000000 AK 1382388)HAS NOW BEEN COMBINED WITH THIS PARCEL PER OWNER'S REOUEST DONE OR THE 2007TR510BM7(JDC) 2007M PERMITO 07100485 FOR SFH IN PROCESS PER BLDG DEPT M Parcel Value History Vieuv Taxes for this Parcel F2006 n rota'Bldg Tatar M'sc improvement Total Land Tatar Just(Market} toter Assessed School Exempt school Taxable r Valens Value Value Valero Value Value Value 9 0 416 121,730 122,146 122,146 0 122,146 0 416 131,120 131,5W 131.536 0 131.536 7 p 371 468.920 459,291 459,291 0 459 291 0 2,,399 153,750 158,149 155,148 0 156,148 2005 0 2,442 153„750 156,192 156.192 0 156,192 W 2,485 61,.500 63,965 63.995 0 63,985 2,526 53 613 56,341 56,341 0 56,341 2,829 64,575 67,203 67.203 0 67,203 2,746 54,575 67,321 67,321 0 87,321 1.679 64,575 66,254 68,254 0 66,254 1,738 64,575 66,313 86.313 0 69,313 1,s09 64,575 39,463 39,463 0 39.463 r1994 7 0 684 64,575 39,463 39,453 0 39,463 0 718 64,575 39.463 39,463 0 39.463 5 0 764 64,575 65.339 65,339 0 65.339 0 799 64,575 65,373 65,373 0 65.373 1993 0 932 64,575 65,407 65,407 0 65,407 1992 0 876 54,575 68,453 65,453 0 65,453 r1 1991 0 912 64,575 65.497 65,487 0 65,487 1990 0 946 60.270 61,219 61,216 p 81,218 1969 0 992 54,735 55,727 55.727 0 55 727 19es 0 1,.026 30.750 31„776 31776 0 31 776 1987 0 1,060 30,750 31.910 31,910 0 31,610 loss 0 1.106 30 750 31,656 31,856 0 31 8W less 0 0 29.400 26.400 26,400 0 26,400 1994 0 0 26,400 26 400 26,400 0 26,400 1963 0 0 28 400 29,400 26,400 0 28.400 19s2 0 0 20.642 20,,,642 20,842 0 20.842 Parcel Sales History 1`4,d q E 'S.ii e5`!v for Sriovo up °r O jf c0rrr I;et Slstem Until r-lf)Oul r.Nu ' d �BIe does 001 Silo V L�UP "I *h S 9rSt,. ease iii1+row more iifre ;':r-'IF 53"e -ek:or(Y�",, be r.^�;,�+55?'..7 � Ana, s.� ���' 4 ate-^ae andWe P.1Ir(gI:YSS$E{,a'nc; A Da Olflelal Pecords 8aow Peace instrument Qualification MODO 2404/841 100 QC 11 s 2101 t 1457 1 WD M This page has been visited 244,507 times Monroe County Property Appraiser Ervin A.Higgs, CFA Ervin A. Higgs,, CFA 41 Property ® ( )292-3420 Wonroe County, Florida f (3 )292-3501 RecordProPerty ! Alternate : 1382337 Parcel I : 00310220-000000 Ownership it Mailing Add AllOwners: AKINS JOHN WAND GLENDA AK14S JOHN K RIS AKINS JOHN WAND GLENDA PO BOX 246 KEY LARGO.FL 33037 Property it PC Code: 00-VACANT RESIDENTIAL 1101111898 Group. IOOH Affordable Housing. No Section-Township-1 8 28 Property Location: VACANT wrrTERS LN BIG PINE KEY Subdivision: DOCTORS ARM Legal Description: SK 1 LOTS 21 AND 22 DOCTORS ARM SUB 141 BIG PINE KEY OR409-382/85 OR78&1431 OR849-WI/02 OR1384- 33 OR2101-1457 OR2404 1Q/C ii11 Show Parcel Map Land Details Land Use Code Frontage Depth Land Area MI OD-RESIDENTIAL DRY 100 167 18.700.00 SF Building Summary Number of Buildings: 0 Number of Commercial Buildings: 0 Total Living Area: 0 Year Built: 0 Misc Improvement Details Nbr T s Units Len Width Year Built Roll Year Grade Life 1EUE12 GL2,CH LINK FENCE 3 204 SF 534 6 ION 19a5 1 30 2 UTILITY BLDG 120 SF 12 10 1994 1966 2 50 3 CA2:CARPORT 120 SF 12 10 19" 1985 1 50 ppraiser Notes PAST USE WAS FOR TRAP CONSTRUCTION,AS OF 11109 UB IS VACANT;DRY PARCEL IS OVERSIZED FOR AREA-KEY ADJUSTMENT FOR 2010 TRAL108 LOT 22(RE 00310230-000000 AK 1382345)HAS NOW BEEN COMBINED WITH THIS PARCEL PER OWNER REQUEST DONE FOR THE 2007TR SI08107 JDC � REMOVED OVERRIDE�s� A LOT S eLDG D�PT BEING seoSFH1 IN Es Parcel Value History Ca>'Tfej ko�,vamues View Taxes f r this Parcel Roll Total Bldg Total Mist Improvement Total Land Total Just(Market) Total Assessed S chool Exemptl Tex8ble Year Value Value Value Value Value hN 2009 0 3,209 50,100 53,309 53.309 ,309 2008 0 3.246 66,800 70,048 70,048 ,040 2007 0 3,042 187,000 170,042 1i0,042 .042 r2001 0 3.364 112,726 116,089 118 009 .089 0 374 83,500 83,874 83,874 874 0 374 25,050 25,424 25,424 24 0 374 8,350 8,724 8,724 24 0 402 8,350 8,752 8,752 0 8.752 0 440 8,350 8„790 8,790 0 8.790 2000 0 285 8,350 8.835 8,635 0 8,635 1999 0 302 8,350 8,862 8„852 0 8.852 1998 0 325 8,350 3,369 5,369 0 5,389 1997 0 342 8,350 5,369 5 389 0 5.389 1998 0 359 8.350 5,369 5,369 0 5.369 1995 0 382� 8a350 8, 32 8.732 0 j 7 8.732 1994 0 399 8,350 8,749 8,749 0 8.749 1993 0 418 8,360 8,788 8.766 0 8.768 1992 0 439 8,350 8.789 8,789 0 8.789 1991 0 458 8,350 8,808 S.S06 SAW 1990 0 473 8,350 8.923 8.823 0 8 823 1989 0 498 8.350 8.946 8,848 0 8 .846 1988 0 513 8,350 8 863 8.863 0 8,863 1987 0 530 8,350 8,880 8.880 0 8.880 1988 0 553 8,360 8.903 8,903 0 8,903 less 0 0 8,350 8,350 8.350 0 g 0 1984 0 0 8.350 8.350 8.350 0 8.350 1983 0 0 8.350 8.350 8 350 0 8 350 1. 1982 0 0 3,507 3.507 3 5W 0 3.507 Parcel Sales History C.l - Ss,es !c tut ger4r431'y S1Irw I rear ronlp=Iler sys1P-r ,rill rrot4 tvr/o to tr,^ee iixor:tre.�atte• .r�i•jAfe r• z si,e r.ce%-;aie cuts rat snow tip II,'h,5 fjSt please afl31/more we lo,lio,,Safe feCO!t. "C be processed r' pave ce 3r7 i-idewanQ-prig Sale Date Officlal Records Book/Pa a Price Instrument Qualification 316/2009 2404/841 100 QC i1 3/30/2005 2101/1457 1 wo M This page has been visited 244,626 threes DOCUMENTS WHICH COMPRISE THE DECISION BEING APPEALED 1. Residential Dwelling Unit Allocation Ranking dated March 25,2009, subject property ranked 22,23,24 and 25 2. Residential Dwelling Unit Allocation Ranking dated Tune 10,2009,subject property ranked 40, 41,42 and 43 ,ice, %i A Aix Tx �gvzz- Hj Is 1 X 11-7 P _ tp TI Fjzr"A Off lit Ca-Lc Mg,Earl iff Wirt Up V, UNI, --- Hill" n4frji ------------------ -------- S!' 11:1 01,2 9 fit HOW it T A 0115, 4 -p—H all, �� 1r;ts r a� gas:= �� �. 41 I P,Lvl ------------ 2z his z L L L f j EVIDENCE AND RECORD WHICH FORMS THE BASIS FOR THE APPEAL This notice was never received by affected party. Y County of Monroe Growth Management Division 2798 Q m HjXhW ySWft Mr h' OW x-aMc Dice.2 Muuhon,FL 33DSO Mayor P:o Tan Sylvia J.Mnephy.Dirt 3 VOiOW (3M 299--M Kim WiOUSMa.Dht i FAX (3M M-9536 ff"h CAMIUM.Dnt 3 Marlo Di Gmnu%Dirt 4 We 5*"0 be=HW&P"f=&xW and fu, CERTDMD MAIL 70 GM)0001 0488 1131 April 27,2009 John Akins 107 First Terrace KOY LHr80,FL33037 RE: ROGO Applications 07l 00486, 07100479;07100485;07I00483 Dear Mr.Akins: The ?'anteing & Bnvironn=tal Resources Deparfmeet has fotimd a scoriteg error on ROt30 applications 07I00486; 07IOD479;07I00485;07I00483. nO these applications is located in the'V' flood zone, 1 &application develo has is each of T � application has been given each the-4 point assignment for being located in the'V,zone special flood hazard area, Ifyou.have any quesdo ease oontezt me at 305-289-25I3. Sincere] Staesldewicz Sr.Planning Tern oc: Townley Schwab,Planning&Environmental Resources Director JYe.. S-11'_�V�' `=� f s 04 0 r 94 66t flow fill F will µ y -a yt w C 8 =• e-. VP ru t fn ' • 1� _1 II N 12 - _ W a o a o f 31 - --------------- --------- - . ■ • lei fill 7006 2150 0001, 0468 1131cr J ru w o ka ov ON o g LIT one N C do tN cry� III/�j I r I ' raj i'wj --jaZC900 (Date) I hereby authodu k S_ ,P_ be listed as authorized agent (Name of Agent) for 0 I` _ for the ROGO application submittal for (Name of Owner(s)I Applicant) Larx t 07/ s- 07J r t P� ®ray J b `or,3 t ort r V Building Permit Application #07/00 4' 67/OO for property described as Lot: Bock Subdivision: Key: r €c! and Real Fztote nurnber:00 31p jig 0—oar?_ ., QQ ►e,G e,0066600t 3/&-ay0 &Joe / 00310 o- 00060o This authorization becomes effective on the date this affidavit is notarized and shall remain in effect until terminated by the undersigned. This authorization acts as a durable power of attorney only for the purposes stated. The undenigned understaruls the liabilities involved In the granting of this agency and accepts fall responsibility (thus holding Monroe Countyharmless) for any and all of the actions of the agent named, related to the acqulsition of permits for the aforementioned applicant. Note: Authorization is needed from each own the subject property. Therefore, one or more authorization forms must be submitted wit 'caf t; are multiple owners. Owaer(s)�/Eppllcxnt Printed Name of Owner(s)/Applicant NOTARY: STATE OF FLORIDA COUNTY OF MONROE e fa ing 1 rument was acknowledged before me this day ofWin .20-o ( t -- rscnally known produced Identification �.�osth. Type of Identification),did/did n �No s _ W ibu b�11iE& i3,201® ROOO AamB AWifi.Farm !4ge 1 or 1 %i'%!% 4IZs07 Y,. +a r; •s $11ftVEVORS ENGNMRS LAN D 832S6 OVERSEAS*NWWJ►Y,MAI FL 33M "> Phon, (305) 664-0764 FAX (305)564-0816 Mix I, QuVa _1"69, . , Amsjj w A6.Pf /'J.I!AwlY04A.a _ ra"pIrKPllc.pol (p r r,o '�� IS6.SD" (W. 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FRANK SURVEYORS • ENGINEERS - LAND PLANNERS 83266 OVERSEAS 4Il(C0764, AX (3 6) 6 - 3 5 Phone (303) 864-0764 FAX (305) 864-0816 &AOAeC AMS1S 36 07/00 1/7� J ,If s nl� LOT S]ay TIE fONOWOZY 2LW W LOT 2�.SWik 1, tt1 fllptEOr+ RECD N SLAT °SOp1107,RAM IN w Tw I ��,���,►�. FlalnlC IIEOOMOS DF J141S([COIJMTY.M1ENOA SLOW TO AN CSI/tomm t "MTVL'f'&W Dry24. TC yQtMAM -- OOCTMS ARM MaMVMIWL t J SCAM 1--W 1 4 AVdr �I ,J7•r PL A�Aq �' — I AMMXdAT.V ` ■� 171.2• M. TO SWpj USE) W ,4am AtW6 1,.SS0 Ea rx/e w Acm s ,em1o•P t a to r1TMmI " W. 236 a' (ICI, To slrDr UM) 1� RI SURVEYD 8 MUTES 1. 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Phan (305) 884-0764 FAX �' x '�I'icl�y�.._ A t 664-0616 s r b�ar ++sat II �t Jim i1a +1s.wb3 CGUrT}; iaiZA- RAI N ` I— „ srkS r.� f �� ��� ���Mtlpl• p f �If YL MAGI r, -1 D A 1T NW AOCd101Ip ra IIK R r•wo�ne � ,_ 7Y�ROE+10 wITY� In �3. ar v WA r J 1 I (c JIHt ti re ? 7 itY �)"Dummy �QlAlllo ISRyIEy� l —�_11L'ppL1�7� 011ur T DDM"Al 91CML rldi tS l"r NAM:LL *A IIPOMNt4 I111T A}pfq�� Moo �4OKI VW CttIIANTy �T I MAx pf s�►dolt ruL RlY IG�} P+rooctlTr 2°tio er"ei�r�ff3�tE It A OA �4UN RAW HUM tggIpARY tiE tttiM A TOO IF � r.>a .�R YlAilay t rG�4 O-L&Oslo Yttp ra11t/D nl µD IR[t��p }arreav r M ET �ii/ [an � ru Rf i�R�lwan a�aF+RaRm-- IOIIM trc ID Pow ar Pawr Aron %aRPagR . Dora= H Palltr aF n+}Rs M RlL7fr-aF-IINY PWT=1 rhsd for P&C tat 12/4,lba T►f 4 a"..11"Arm LAMFISCC P,'RAW P.LS pats OAit lo/r/as Xar IMAM yy[ft%4LW 39 Doem 1WIS44 a4/671am 16:2 piiad i Reowdod In Offlal®l Revords. of Tkh Docavow Preparod stab Ralorm M MMM CUM DMff L. KKAW sir is t;. areenom. see. Sa00 ■ . C■ 40 CEDDOC STMV CL. JILL 33, a 3Z 33050 0040 INT544 Pared io pulown Us 2101 PON 1457 Warranty Thb Ails 30th &War March 2005 AM, Cindy Valiant., a nwrried of obe COWW of ® Sue or 2410niffieffee ,grantor. and J 1f. Akins end 0100ft Akins, hmsband and Wife and John X. aking and Caulace, Akins, husband meWile, as Joint Tenants with Right of gurvivorship 107 First Terrace. Key Largo, FL 33037 or doe County or Muoroa S&A of Florida graldeft. e ttaem mra�a ordr.�,ar DO {$10f-------......_...._..___........_ Rod rrr ............,.,,.,dom 10 R In bond paid by GAMTMX dti r df p d■aid GRAWM and GRAM21W hwr.agemm asd Rai ,do men or Monroe u-or FloridabwiR q Lots 19. 90, 91, 99. 23• 26, 95, ZB and 97, B2ock i, DOCTOR,o Am BUBDM® to th& Plat thereof as recorded in Plat Book 3, P&V8 141 0f the Public Itecards. of Monroe cagnty, l2avida. ThO DroVerty hereLn convared ZK= =1 ocustitut@ the S0M%gTXAD PrOPOrtY Of the GwaRtar. fte Granter's HOMWMD address Lis 97330 Righway 69, Morris chowel, Tu 30361. nd a■PWW don buff Ift WBITM$a dda b rdd I&A and wNi defend We rrma aPdaau YwAd ekbee or 4 prooae whwnroem. 10 Wttaear Where4 ft pre' hr bM woo 80 be<bod red red as Or and nee Obw.hoe.w*Am tskd and delhasd to our premer RUM Printed flames aaft( allente {��( P.O.Adders 27U9 Mldh+nfi4.Mana Cbapd,77r tsilfl 3� PrInt9d fume 7fitaaaa STATE OF Tennessee COUNTY OF Nordin The hnwiq imamarm war w mewkdeed heron me Men 30th don or (larch .2005 by Ci»dy valiente, a married ,roman refs e rM oh pveosally imaam rt me ar�Me Ar Pmdeoad driver /�liCeaee r r't Printeded (Fame a 4 �" IF+' Watery Fabius V 11 �°�[iC j'* haWarodelme�:ee: S- 3-o?�d� r couNY O"ZCIAL fff WlL R;hITp �d.+rMeaerarwr�re.7rn pulxafff�r.rrtwne %%r �j1rj; Page I of StanklewIm-TIffany From: BgprevattCaol.com Sent. Thursday, May 27,2010 1:20 PM To: Stankiewiez-Tiff any Cc: Gregholloway070aol.com;ABJDESIGN4UGaol.com Subjed: BOCC June 16 Tiffany, Per our conversation this morning, I am requesting my appeal be continued to the July BOCC meeting. A review of my notes Indicates I made a mistake. I read an email from Susan Grlmsley dated May 16, 2010 tom I would be heard before the Planning Commission on June 9 or June 23. Subsequently, I made plans to be out of town from June 10through June 18. 1 now that I misread and misunderstood that I would be going directly to the SOCC on June IS. Any assistance you can provide me In this matter is appreciated in advance. Let me know It there are other questions. Banks Banks Prevatt, Realtor, P.A. Col dwell Banker Schmitt R.E. Co. 29967 Overseas Hwy. Big Pine Key.FL 33043 Cell.395-0238 Direct, (305)872-52134 Fax:(305)872-4220 6/8/2010 G GrowthCounty of Monroe a ent Division 2798 Oversen Highway Suite#410 D MayorNeugen4 Dist 2 Mamthan,FL 33050 Mayor Pro Tan Sylvia I Murphy,Dist 5 Voice: (305)289-2500 Kim Wigington,Dist 1 FAX: (305)289-2536 Heather thus,Dist.3 Mario Di Gennero,Dist 4 we sbim to he caring,PFOfffdond and fair CERTIFIED mAm 70062150 0001 0488 1131 April 27, 2009 John Akins 107 First Tenwx Key Largo,FL 33037 ROGO Applications 0710 86; 071 79; 071 85; 07100483 Dear Mr. The Planmng & EnvirOnmental ResomrAn Department has found a wAxMr on a propos to applications 0710 86; 071 79; 0710 85 07100483OGO en in each of these applications is located in the `V' flood zone. Therefore, h application has bemgiven the-4 point assignment for being located in the `V'zone special flood hazard area. If you have any questio lease contact me at 305-289-2513. Sincerel i Stankiewicz Sr.Planning Tech. r;%% cc: Townsley Schwab, Planning&Environmental Resources Director C � _ _ C .� N ° C. W Wru gg yu r ... A� C 0 � e ®` -L A r 3 �.. V o � V ti m �� r O, a 1 k J ✓DUN i 8 1 R[Bile% «A It I V, fit IL Era Q6 B f tiJ W � Cl a ni En c Fix OEM 113 cl Dal Do 1444 I 1AWRENCE P. FRANK SURVEYORS N ENGINEERS ® LAND PLANNERS 63266 OVERSEAS HIGHWAY, ISLAMORADA, FL 33036 Phone (305) 664--0764 FAX (305) 664-0816 A TIRED TM CAN AIONS I F e. JOB Na. koom SEC. 14, TWA. a S.,AM a E. MONME COUNTY, FLORIDA AErH®LT Fa VENENT Inman, C/W J ppama a k`N qa l.I - 1V SCALE I'-3W I _ I IrLECAL I LOTS 21 2Z ' 1. DOCTORI AN I 4I b ACOOP4110 TO THE PLAT RECORM IN I Q PAGE 141 OF THE PLATS OF 3, MOMROE COUNTY.I ® _ OA. •• P j f I a I " L____i J I tax S 'fa / tAr tA' I t8 / / I a / ��- %16'M am it,fOM AM4 11 1 I 1 1 I / _ w on T O0.00° (C) + q pp r FI1� or R/dW _ 4 1� "pp %AX Pp 1 1 1 SURVEYOR'S NOTM 1.)ALL OMERS FOUND HAVE NO NUMBER DESIGNATING PRIMIS SURVEYOR OR COMPANY EXCEPT AS SHOVA 2. ALL BEARWO AM OISTANM ARE MEASURED PER 9. N6 A T HAS UNLESS OTIHIERWISE N T OR SHOW 4. NO I G -WAY FURNISHED EXCEPT AS SHOM 1. 0. TktlS TO 7iFY THAT I HAS T®Tf1E PLAT YUNIIY Na126129, P Na 1 If, CTI GATE 2 B mTHE H ON Y MO. lY AP S TO � ES & 4E, NTH A A1I OF 1� � 11° Y.S.L AB AT1 LE Dc CERTIFIEDBOUNDARY ZURYEY F.LR FOUL ,S CATER SEC G f SI.P. SET PEE, 1 P.LS. 14 TOP. P I CERTIFY THAT MEETS F.I.P. FOUND 1R TW R TECHNICAL STANDARDSAS BY •,,® F.N.O. FOUND NAL AND fix &N.D. SET NNL ANO P L& 1G PLAT CH Ta SEC.FLORIDA AMMSTRATM i'•!®r ! . F.C.Y. Y MEASUIRED P.C.P. P MONUMENT C C 1W }$Fftvi °. o P.1. T W TE COV. P.C. OF CURS T for 12/4 €t,,• q P.Re POW OF BECINMO PYMT. PAYMENT IAWRENCE P. P.LS 19 ®ATE, T1P RIGWTMC L -WAY ELEY. ATION °�•w.. P7•� NUT VAUD i � 1 1 , , J ` ` 1_ BLODKI WrrTERS LANE ASPRALT PAVeAW 1 1 2•k x � c c � -- -- I — — 0 I Ify W.ICE `W ILOT22I T Ln BLOCK, I IBLOCK 1t2D I I I BLOCI I FLA I I I I � I I j � � QiWiitE I I j l I r Ft I Ypff Die r-*to I I I IBLOCK, E � t I � I I II II � k --- IT'YI 7 I -k I r I NMI 1 oo.w ( • 111", �� COUNTY ROAD 1 gm"t i v KEY LAM qpAxnm -P LOTIINEPAUE: NET LAND am 7, C WVEL D AT BMARFA , MI&IMIN -- COVER OPEN LANDS0 FOMMINFOFM wr i r �1 r 16 Fm-lmom PROJECT. AHM RESIDENCE ca 1 PROJECT NUM C TO NET LOT AREA 18, » LA7.1r IMPUMOUS NWA 2,E LlLA : 20 2 a 28i NWNAWE PMMWD # Twmmffq WA +10 POINTS —PIATTEO SUBDrVWONI 1 166 +1 POINTS —GROUP 1 AT e 719 MB +2 ANTS _WINO LOAD RATING 175 MPH PER ASCE 7-02 +1 POINTS ULTRA LOW PLUMBING FO(TURES 1.6 GAL/ TOTAL PFKNMM FLUSH TOILETS 2.0 GPM FAUCETS 2.5 GPM SHOWER HEADS +1 POINTS —SEER RATING >12 +1 POINTS _S=NOARY WATER SOURCE 2= GAUjDN CISTERN +1 POINTS —HEAT AC — ALTERNATIVE ELECTRICITY 1P TDPY +1 POIFM _ EO FLOOO ELEVATE/ BY 13 INCHES 8"swLldoQ —2 POINTS —A£ ZONE T�fAL 16 P Ll 1 80"A NA M7NOPil 4;V$ SWALE#i N.TA TAW AND lb PSI CONCRETE TANK RWMRCED WITH 31W STEEL Ir D.C. BIITH WAYS WDULAR lq XWORCED WITH I1r STEEL BDTHWAYS TANK WALLS AND DOTIM 4°MW to wvlm PRE- F ED T BY JI AND HTOt19O1P SAND Can TD-0'1lOTLE�IT TANK CAPACM TO BE NW 2AID QKMS PREFAB STANDARD UD B`PER TER MD PIPE 1 f /o" GUTTER ffAm G 4 BGTW10 TLTi. . FRANK SURVEYORS . ENGINEERS LAND PLANNERS 83266 OVERSEAS HIGHWAY. ISLAMORADA, FL 33036 r Phone (305) 664-0764 FAX (305) 664-0016 A 0rAM OF MLOA%U=BUSR=CORPORATOR CERRM TO: CANDACE AKtNS .XyB Na 1A0309 SEC. 14.7w. 08 S.RE. 29 E. L+ f MONROE COLINTfi FLORIDA I70.00• (C) ..._. _.-_ — _.-_ — — ..._. ..._. ..._. _.-_ - op = uwAwl x 1 $ III NO SIL FT. /0.3376 ACRE `� q Awl MrZFM ZAW 9 40 2641 13521' (M. To W4NESS) gas.4 196.90' (M. Td Sx RELINE}v l �8 I ! b Afar/ I UMAI.DESCRIPTION: a iBT 2>'AND IW NORTHERLY 01-W LOT 28. %m 1' TO THE PLAT SUBOIA9 1HEREWAS RECORDED IN RAT BOOK"PAGE 141 OF _. _. THE PUBIDA, S OF COUNTY, FLORIDA, SCALE: 1'-3W lOOLIHER WITH AN a EASEMENT OVER TIE WEMMY 12'OF LOTS 23 SUBDM ANOS1y0{N SOCK 1 0W701"ARM To THE PLAT AS PL AT AT BOOK 3, Ty / PAOE:141 OF 71E PUBLIC RECORDS OF momlM COUNTY,.:FLEA. SURVEYOR'S NOTES: ` L'OUNTY A 09' R/W 1. ALL fONJNND HAVE NO ING T PaVous SU ANV E&!�T AS SHOA4. 2. ALL AND DOTANM ARE PER RAT UNLESS NOTED. $ NO UN NO FOU DAYlOw OR UTILITIES HAVE BEEN LOCATED apt SHOWN UNLM NOTED. 4, HD iNSMMENTS OF RECORD RE►ISCRNG EAsumTs,RR)iTt--cf-IAY AND/OR THIS UIRVEYOR EXCEPT AS M40M HEREON. O. ELEVAIM DATUM N.O.VA.1920,M,%L.®OA FL4100 S ELEV.-10.42 DAM LOT ANGLES®RO©D ar',NORTH SCALED FROM PLAT. 0. TN9S 11 TO CERTIFY THAT I HAVE TNY1 THE FEDERAL INSURANCE ADMINISTRATION FLOW HAZARD BOUNDARY YAP, COMMUNITY Na123129 PANEL No.1322 w EFFECTIVE DATE 211 ANp 7H€kENEOH DESCRIBED PROPERTY AP ?0 BE IN ZOW ML VATH A RAM 81VA O 11 M.S.L ABBREVIATION LEGENd: CERTFIED FOR BOUNDARY SURVEY F.I.R FOUND IRON ROD.SIZE 1�INDICATED SEC. S.I.P. SET IRON �aE 9 7M8. I CERTIFY THAT 749S MVEY MEETS THE MINIMUM F.I.P. FOUND ROE. RANZ TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA F.N.D. FOUND NAIL AND D DEED BOARD OF PROFIMONAL SURVEYORS AND MAPPERS IN S.N.D.SET MAL AND DISK.P.LS 19 PLAT C14APM -0,MORIN ADMINISTRAVVE CODE. F.C.Y.FOUND CONCRM UONUMENT MEASURED SECTION 4 STATUTES. P.R.M. T MONUMOCT C CALCUtATEO P.C.P.PERMANENT RT PO C. Comm PI POINT OF INTERSECTION for p!m only 12/4M _ P.C. POW OF CURVE ASPH. ASPHALT P.O.B. POINT OF BEGINNING PV1A.PAVIl*HT LAINRENCE P. FRANK P.LS. #019 DATE: 10/0/05 R/IR MOHT-OF-WAY ET.EV. ElEVA7104 NOT VALID UNLESS SEALED TYP. TYPICAL } r i i T w p 0 / I j ® f for I I I I I I • + I II � �y I I I L f I J ! i I I I + lbmane MON&M r I f � + I QL Do* I I I - - J-4 4 I ' I I ASCE 7 f% WINDVELOCITY - 176 MPH C E I F - 1, D Y61.6! 1 PLAT THEREOR AS PEOOMW IN 1 I - 18 PAGE 141 OF THE KMUC COUNTY, RDFMk L7a7h KEYLARWf Largg" - - L NETLANDAR NNIM UM/S N I AYe,eUAMIP84!' MWENOM 411MMUNIBUMA111MAMAGRAMN com m bG MOTOM rr IM A F . BLASMEF110ROLWA e W TOTAL 181 REP AREA aawmamm-lCABPAOAperfF�eRrf—�---vr ewLtalrea are 8IW a21AM15TTST OPEN UWDWAPE r • aq ALA wa 2010,auy► Too eaHlna� PROJECT: AKINS REMD� waur���Aar460R8fAllr�IF III -MArt .I-ts PRWEW NUMUR AIaW C-1C-1 �1�B�woow�re�erwi.LAP>rMaff. NET L AREA — _ 14J 17 IMPERVIOUS AREA m. 3,163 CALCULAMON: 3,10M2 ROGO- +10 PONTS PLATTED SUBDMON p +1 POINTS -GROUP 1 ►ASMAT +2 POWTS —WMp LOAD RATING 175 MPH PER ASCE 7-02 +1 Pown UL1RA LOW VOLUME PLUMBING FIXTURES 1.9 GAL gnu 1p FLUSH 101,03. 2.0 GPM FAUCETS, 2.5 GPM i 460 OF i HEADS +1 POINTS —SEER RATING s12 R 1408F __"IF +t POINTS —SECONDARY WATER SOURCE 2,501) GALLON CffrERN TOIXPKMDED +1 PORM —HEAT RE COWRY AC — ALTERNATWE ELECTRICrTY • +i POINTS —EXCEED TION BY 13 INCHM —a POINTS —VE ZONE TOTAL : 12 POINTS to r4 -mm: TANK AND LID 3500 P! er TANK RU4FOKW WITH 3/8'STEEL 12'O.L. BOTH WfdopLL WAYS REOUIM LID RMMRM Wffh 1/2'STEEL OMMAYS TANK WAU.S AND BOTTOM 4' INN PRE-MANUFACTURED TANK aY FLOFflDA ANDSAM S 1 I TANK EPTY�TO} BE MM 2= GALLONS so PR15FA9 STMKARO 1J6 N.T.B. 11 ,a' Pw p,uewavrp 1AWRENCE P. FRANK SURVEYORS ENGINEERS • LAND PLANNERS 83286 OVERSEAS HIGHWAY, 1SLAMORAOA. FL 33036 Phone (305) 664-0764 FAX (305) 664-0816 A ONM OF LM001 BUD=OORPOU71014 CENIFIED 7R CANDACE AKINS SJOB EC.No.kOB3TWP.5 S.Rf£.24 E LEGAL OMMPTKIN: ALL CF LOT 25 AND THE NORM MY 24.00'LOT 24 AND THE SOUMU LY 17.00'OF LOT 26.BLOCK 1,o0mms YONROE MOM-FLORIDA ARM SU Vl TO THE PLAT . AS IN PLAT BOW 3. PAGE 141 THE PUBLIC RECORDS OF TO AN INOR T OVEFI THE WESWLY 1LOW OF LOTS 23 k 24. BLOCK 1, AFORESAID OOCT 'S ARM SUBDIVISION. r /any S / 1 1 JR Pi / / 1 2�R/W 10.00t (P) ISO.�0° (M. TO SHDRELINE) 1 13&2T° PL TO Ir i xa urd IQ Dumam � 8 g 14.7"SO.Fr. /M=ACREO ! C Ch a a e1 10.00, (P 0 OLm DORM garm Y t�` 14L§l' . TO VA I 1 411, Sir 17T.2' ( . QrSHOR UNE ' I dam'/ /DYtl t 1 IIo its lArAwl \ fii of U 'II/w SUR °5 NOTM. 1.)ALL COMM Fo=HAVE N0 NU TIC PRVMPJS SAVEYOR OR COMPANY WVT As SHMA 2 ALL OS ANO OISTAN ARE PLAT NOTED, 3 NO U EN A OR U1pJ NAPE LOCATED SHOWNU O 4. NO INNIMUMENTS OF PIECOIRD REFLE411018 -WAYAND/OR OWNIMNIP Wff FURNISHEDTHIS SAVVEVIOR S QIEVAT AS DAripJ N 0.V 1 .N.fl®OA nA1 MV..7642 0. B TO THAT I HAVE LT ED THE FEWtAL CE ISWAIION FLOOD HAZARD BOUNDARY YAP. 0010UNITY No.125129. PANEL.No.1 K, TIVE OATS ANO THE H TY APPEARSTO BE IN ZONES AE ! VIE, 1ATH A B AlI1S OF 90° k 11 Y.S L ABBREVIATION LEGEND: CEnTIFIEO FOR MMOARY SURVrf F.LR FOUND MON AM SIZE INDICATED SECSECTION S.I.P. NNE, 1 P.L.S I D I THAT ANDWEETS THE S MAPPERS IN F.I.P. OU D I.P. SIZE TEA [Wig fl4E FLORIDA F.N.O. NAIL AND DISK DE9V BOARD OF PROFESSIONAL.SUlRVIVt`QRS &NA. T NAIL AND P.I.S. 10 PUT CH 7-6, flVE F.C.Y.FOIRIO MEASURED 5EC 72 SYATUIE& P.R Y T CALCULATED P.C.P. CONTROL T CONCRETE P.I. OF w od For ve Laa only 92/4/0® - - P.00.e. PONT . PAVEMENT or CURVE ASM LA P. FaANK P.LS. 1B OATE 9D/E/Op R/YI T-OF-WAY ELEV. ELEVATION NOT VALID Trr. TIVICAL i i i e WBUFFERlip m lwIf7-�� f Ne I I ,ems I I i� I f I I ---------------- WIND - 175 MPH EXPOSURE 7Ea - C IMPORMOE F - 1.0DALL OF LOT 25 b THE NORTHERLY e 1.02 AND THE SOUTHERLY 17-W OF LOT 2t f INTERNAL - .18PLAT TH I;AS REOORDED IN PLK PAGE 141 OF THE FVBLIC RECORDS p --WNER: AKORESINK LaMS&24&2 -N ARWRAMEW m e — ALQf FOOTVM a III - ----- OM LANDSOAN AM t wr OWAGIAMORM—r spLIKMISBARDIAMmm ft-4'00106 ffM TOI PROJECT ar C-1 W Alt 'M - NET TAFEA = 14,781 4 , TT-9s I)MIRMCORINERUMINALILLAPIVIISL IMPERVIOUS AFIFA ® 2 8 LAMON: 2XW2-247CFFIE DRAINAGE PPOMED SWALE� r r iw wrMKAFFAI OF +10 POINTS -PLATTED SUB ION 2 11 BF +1 POINTS -GROUP 1 HA9ITAT +2 POINTS -WING LOAD RA71NC 175 MPH PER ASCE 7-02 TOTALPROVIDED +1 POINTS ULTRA LOW VOLUME PLUMBING iIXTURES 1.6 CAL / FLUSH TOILETS, 2.0 CPU FAUCETS, 2.5 CPM SHOWER HEADS +1 POINTS -SEER RATINC 31,12 +1 POINTS -SECONOARY WATER SOURCE 2.5W GALLON CISTERN a +1 POINTS -HEAT FtEtOVERY AC - ALTMATPVE ELECTRICITY 4r.VTOp 1O TDPWI ®' +1 POINTS -D(CEED FLOGO ELEVATION BY 13 INCHES v -6 POINTS -VE ZONE I TOTAL : 12 POINTS 1Fi- 'oi%: e7r T3L .� Cc KTAL TAW AM® UD 35W P9 COMMM LAWRENCE P. FRANK SURVEYORS • ENGINEERS a LAND PLANNERS 83266 OVERSEAS HIGHWAY, ISLAMORAK FL 33036 Phone (305) 664-0764 FAX (305) 864-0816 ` A brom 0r Wzu%5 m susum COMMAT" CERIINTED I& CANDACE AKM JOB Na k0lW4 SEC.14.TNP. ee s., ROE. 29 E. MONROE COUNTY FLORA I.N LEGALPnON: LOT 23 and THE SOIM Y 26.00'OF LOT 24. SLOCK 1, JJ As WDORDEO IN PLAT BOOK 3`PRf 14 OF THE 1 r PUBILIC RECORDS OF MONROE COUNTY - ' SUB=T TO IOW OVER THE OF LOTS 23 t 24, HAFORESAID DOCIlOR'S ARM SUBDIVISKIN. 1 ® SCAM 1`-30' 1 1 Mar/ — 1211 — ' ur I40.ei77.7' (AI. TO SHORELINE), :v � ,,r o rr.>r'N+>r tarty 1 a lArtl �I / / v Iwo.) — A I,%=SM FT. /D.337 ACRES1 1 HIV Awf "c Awl IGLOO'(P M.TO x pv. d 2M.4 (M. TO SHORELINE) $� J J 4VfJ/7!lBaw L Y too pp 6L1L®16R T SURVEYOR'S NOTES- 9. ALL DOIDIM FOUND HAVE NO NUMBER DECIMATING PREVIOUS S=VEYOR OR MANY EXCEPT AS SHOWN. 2 ALL DEARIINGS AND OSTANCES ARE MEASUIM PFR PLAT UNLESS OTHERWISE MOM S NO UNDERSIROLIND ENCROACHMENTS. FO NOATK]IO OR UTILITIES HAVE BEEN LOCATED OR SNOM UNLESS OTHERNASE NDTEIL 4. NO INSTRIJIMENTS OF RECORD REFLEnNO EASEMDVT3. OF-WAY AND/OR OWUMP WERE FURNISHED TH4S SURVrYW AS SHOWN HEREON. 4. EMMIIZ N DAUM HAV.D.19A WILL a 0.0.BEINKMAPM FL4Il70 Sm,M"V I442 R BASIS @ LOT ANGLES® NORITH SCALED FW N PLAT. D. THIS 13 TO CERTIFY THAT I HAVE COPMATED THE Fes. ABifD MMYION FLOW HAZARD SOLI DARY YAP, COMMUNITY Na.125128, PANd Na1328 K, EFFECTIVE DATE y�e AND THE HEREON DESCRIBED PROPERTY TO BE IN ZONES AE S VE, NATH A BASS EIEYATTONS OF 10r R 11' M.SL ABBREVIATION LEGEND: CDTTNIED FOR BOUNDARY SURVEY FJR FOUND rm Re% SIZE""To SEC SIP. SEf PIPE,1 P.LS.f469i9 TT�. TOWN I HEREBY CERTIFY THAT THIS SURVEY MEETS THE MINIMUM FJP. FOUND IRdN INDDAIED ROE. RAND MWACAL STANDARDS AS SET FORTH SY THE FLORIDA F.N.O. FOUNO MAL AND OM OF PROFESSIONAL SURVEYORS AND MAPS IN S.N.O. Safi NAIL AND OSPS, P.LL �g010 PLAT CHAPTER 69 -NI, FLORIDA TIVE OWE F.C.M. FOUND CONCRETE MCNUMENI MEAp1RED PURSUANT =1 ON 4 027, FLORA STATUTES. P.R.Y. ANENT 1E MONUMENT C CALCULATED P.C.P. T CONTROL PONT COLIC. OONCRM P I. POINT OF COY. COVERED P.C. POINT OF CURVE ASP T pare tap ., 12/4/00 P.G.B. POINT OF MOINNING PVYT-PAYMENT LAWRENCE P. FRANK P.LS. f4SI2 DATE: 10/13/08 R/W RIGHT-OF-WAY ELEV. ELEVATION TYP: TYPICAL NOT VALID UNLESS SEALED OXON ` `y I ® I I OftoI � � 1 i XI I C%P 1 ` r{I- e I ! I Tl it I � i Ili I 01 _____---- I � II I I I r I ■ 0 . . , �( � § � , § § + 7 7 IV B -09 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION APPROVING THE RESIDENTIAL DWELLING UNIT ALLOCATION QUARTER BEGINNING JANUARY 14, 2009, AND ENDING APRIL 13, 2009, PURSUANT TO SECTION 138-26 OF THE MONROE COUNTY CODE WHEREAS,the Sr.Director of Planning 8t Environmental Resources submitted to the Planning Commission a Residential Dwelling Unit Allocation Evaluation Report,dated June 3, 2009, pursuant to the procedures outlined in Monroe County Code, Amended, Section 138-26;and WHEREAS, the Monroe County Planning Commission during a regular public meeting held on June 10, 2009, conducted a public hearing to review, discuss, and make formal motions regarding the Dwelling Unit Allocation Ranking Report;and t' WHEREAS,the Planning Commission was presented with the following evidence: 1. The memorandum entitled Residential Dwelling Unit Evaluation Report, Quarter 3 of Year 17, from Townsley Schwab, Sr. Director of Planning 8t Environmental Resources, to the Monroe County Planning Commission, dated June 3, 2009, and which report's findings of fact and conclusions of law this Commission adopts by reference,as its own;and 2. The sworn testimony by the Monroe County Growth Management Division staff, and comments of John Wolfe,Esquire;and WHEREAS,the Planing Commission makes the following Findings of Fact: 1. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning 8t Environmental Resources to grant Allocation Rankings in the Lower (Lower/Middle) Keys subarea for Market Rate Dwelling Units to applicants ranked one(1)through twenty-five (25); and 9 , i' Resolution P23-09 Page l of 3 h r 2. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant Allocation Rankings in the Big PirWNo Name Key subarea for Market Rate Dwelling Units to applicants ranked one(1)through two (2); and 3. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission, hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant Allocation Rankings in the Upper Keys subarea for Market Rate Dwelling Units to applicants ranked one(1)through fifteen(15);and 4. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning& Environmental Resources to grant Allocation Rankngs in the Upper Keys (Administrative Relief) subarea for Market Rate Dwelling Units to applicants ranked one(1)through fifteen(15); and 5. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recendation by the Sr. Director of Planning& Environmental Resources to grant zero (0)Allocation Rankings for the Lower and Upper Keys subarea in the very low, low,&median income category for Affordable Housing Dwelling Units;and 6. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning& Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning& Environmental Resources to grant zero (0) Allocation Rankings for the Lower and Upper Keys subarea in the moderate income category for Affordable Housing Dwelling Units;and 7. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant zero(0)Allocation Rankings for the Big Pine/No Name Keys subarea in the very low, low,&median income category for Affordable Housing Dwelling Units;and 8. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning& Environmental Resources to grant zero (0)Allocation Rankings for the Big Pinc No Name Keys subarea in the moderate income category for Affordable Housing Dwelling Units; and '5; Resolution P23-09 Page 2 of 3 NOW THEREFORE BE IT RESOLVED BY PLANNING COMML13SION OF MO OE COUNTY, FLORIDA. that the preceding Findings of Fact and Conclusions of Law, support the decision to APPROVE the Residential Dwelling Unit Allocation Rmddngs for Quarter 3 Year 17 and as submitted by the Sr. Director of Planning & Environmental Resources. PASSED AND ADOPTEDby the Planning Commission of Monroe County, Florida,at a regular meeting held on the loth day of June 2009. Market Rate Lower{L.WMdQ Keys Big h=No Name Keys Upper Kays Upper(Ad-React)Kays subam s Commissioner Wall 301 Commissioner Werling Co toner Hale Commissioner Cameron 30 YM YA Commissioner Lustberg Affordable Housing Lower(Lwdmdj) &Upper Kays Beg Pine/No Name Kvfl sib �- Commissioner Wall Commissioner Werling CommissionerHale %i Commission Cameron Commissioner Lustberg YM Planning of Monroe C By Chairman Signed this loth day of June 2009 Data: Resolution P23-09 Page 3 of 3 u r V.. N_o A neon A O �� ASS srssr�gr���sa§rs r �! r� a �rrrasgRg lilt , 4 U1111 1111 111# � girl fit i fills 8888888888� II Its II�8888888888P88888888888 �ris11888 8 lie ikk PIP; � r N MM n= p-------------M N N N N N N Y N N N N N N N N N N N N g Y 000S83$$S630000eeooee000 aaaaaavasassasavaaasag $ ooeeeoeeeoSeee3�eSo�Saooeeeooeeooeeeooeeeoo00 ■■gy Q e 0000000000e00000000000000000000000000000000oo g e 0000000000000000000000000000000000000000000000 P o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o Y o 0 0 0 0 0 0 0 0 o y 0000000000000000000000000000000000000000000000 eoYsC N r 6 000000000000000000000000.00...0000000000000000 a 0 0 0000000000000000000 . $Q 0000000000000000000000000000000000000000000o.o ' ! ioolii♦l000000000000000000000000000l0000000000 i 100000000 ye���� S3srr63oeeeoee000eooeeeooeee�e N %ii��� NYYVVVVegge000e856SaaSeB���3�-- ti NNirriuAriSunFarS'nulE1 (00 f e 0 x ss �a fit s is 9� 4� QQe. a w MA A RESOLUTION BY THE MONROECOUNTY PLANNING COMMI(SSION APPRovrNo THE RESIDENTIALDWELLING UNIT ALLOCATION QUARTER BEGINNING APRIL 14, 2009, AND ENDING DULY 13, 2009, PURSUANT TO SECTION 13 B-26 OF THE MONROE COUNTY CODE the Sr.Director of Planning&r Environmental Resources submitted to the Planning Commission a Residential Dwelling Unit Allocation Evaluation Report,dated August 26,2009,pummt to the procedures outlined in Monroe County Code,Am Section 138-26; and the Monroe County PIKIning Commission during a regular public meeting held on September 2, 2009, conducted a public hearing to review, discuss, and e formal motions regarding the Dwelling Unit Allocation Ranking Report;and the Planning Commission was presented with the fbltowing evidence: 1. The memorandum entitled Residential Dwelling Unit Evaluation Report., Quarter 4 of Year 17, from Townsley Schwab, Sr. Director of planing Environmental Resources, to the Monroe County Planning Commission, dated August 26, 2009, and which reports findings of fact and conclusions of law this Commission adopts by reibrenoe,as its own; and 2. The sworn testimony by the MOnr0e County Growth Management Division staff, and comments of John Wolfe,Esquire; and WHEREAS,the Planning Commission nu&es the following Findings of Fact: •1. Based upon the written testimony of Townsley Schwab, Sr. DireffWof planning & Environmental Resource's, the Plarming Cmmission hereby approves the recommendation by the Sr. Director of Planning&Environmental Resources Allocation Rankings in the Lower (Lower/Middle) Keys subarea for Market p Dwelling Units to applicants ranked one(1)through thirty-six (36); and aft owggi Resolution P42-09 Pagel of 3 2. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning&Environmental Resources to grant Allocation Rankings in the Big PineJNo Name Key subarea for Market Rate Dwelling Units to applicants ranked one(1)through two (2); and 3. Bassi upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission, hereby approves the recommendation by the Sr. Director of PIanning &Environmental Resources to grant Allocation Rankings in the Upper Keys subarea for Market Rate Dwelling Units to applicants ranked one(I)through twenty(20); and 4. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommandation by the Sr. Director of Planning &Environmental Resources to great Allocation Rankings in the Upper Keys (Administrative Relief) subarea for Market Rate Dwelling Units to applicants ranked one(I)through ten(10);and S. Basel upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommandation by the Sr. Director of Planning &Environmental Resources to grant zero (0) Allocation Rankings for the Lower and Upper Keys subarea in the very low, low,&median income category for Affordable Housing Dwelling Units; and JAMS 6. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning &Environmental Resources to grant zero (0)Allocation Rankings for the Lower and Upper Keys subarea in the moderate income category for Affordable Housing Dwelling Units; and 7. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning &Environmental Resources to get zero(0)Allocation Rankings for the Big PinclNo Name Keys subarea in the very low, low,&median income category for Affordable Housing Dwelling Units;and S. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning &Environmental Resources to grant zero(0)Allocation Rankings for the Big Pine/No Name Keys subarea in the moderate income category for Affordable Housing Dwelling Units;and Resolution P42-09 Page 2 of 3 % NOW THEREFORE BE IT RESOLVED BY PLANNING O O C COMMISSION F FLORIDA,A that the pr ng Findings of Fact and Conclusions of Law, support the decision to APPROVE the Residential Dwelling Unit Allocation Rankings for Quarter 4 Year 17 and as submitted by the Sr. Director of Planning & Environmental Resources. PASSED AND ADOPTED by the planning Commission of Monroe County, Florida,at a regular meeting held on the 2nd day of September 2009. Market Rate Lower(Lw Ndl)Keys Big PindNo Name Keys Upper Keys Upper(Ad. Keys sub b s b ChairmanWall yes Commissioner Werling yes xe 3MS Commissioner Hale M YSM JLes Commissioner Cameron yes Commissioner Lustberg yes y es 3M Affordable Housing Lower(L*Wmdl) &Upper Keys Big Pine/No Name Keys j sLlwea Chairman Wall 8 a y ye e—s , s Commissioner Werling yo Commissioner Hale Commission Cameron yes Commissioner Lustberg xe t P1 ' g Co ion of ' Mo a Cou Flori By / Randy Wa C an Signed this 2nd day of September 2009 Resolution P42-09 Page 3 of 3 ri�+S��i���i��k{����+����,{��'3��oo:�suaFiw�eos.�t►w+W N+ noon sj f fill .11mum o nto F 0 A � s a�� s Or r. fl r C�� �Q+j}g+J+�Q+j QQ]QM� }Q+j�Qj}QTj]Q�]Q� 1 T}Qf}Q�88IIw88+8V O ww 8pppp SVwVQa � 'a� Y/ CVE $x 33 p � zr +N N N N N N................NNW"""... eeeeoaceeee������eeee���ee����eeee ��� eee����eeee����eeee���eeeee���eee��eeee��� e � O O O G G G G O O O G G G O O O O G G G G O O O G G G G O O O O G Y O O O G G G G O O 4A w wi g 669 3 ti/ eeeeaaeeeeeaaeeeeeeaeeeeeaaeeeeeeeeeeeeeaae g"rB N eeaaoeeeeeeeeeeaeaaeeeeaaeeeeeeaeeeeaaaeeee w �� eaaeeeeeaeeeaaeeaeeaeeaaaeeeeaaeeeeaeeeeaaa a��� ejjjjjeeeeeeeeeeeeeeeeeeeeeeeeeeejeeeaaaeee j �� N W irW W Wii� i s 'Not 4 � g y� i A Z m R M m ,d O w lw r ®o 00 o g +fi! 00 ' s too w N w 0o to ®oG� to o® . so k %lo < ®o lb,� L a A� 0 8 �c r a e rill pig p Sir w a k e A RESOLUTION BY THE MO OE COUNTY PLANNING COMMISSION APPROVING AND HOLDING SOME ALLOCATIONS IN ABEYANCE FOR THE RESIDENTIALDWELLING UNIT ALLOCATION QUARTER BEGINNING JULY 14, 2009, AND ENDING OCTOBER 12, a ALL OTHER APPLICANTS ROLLOVER TO THE NEDCT REGUIAR QUAR77RLy EVALUATION PURSUANT TO SECTION 138-26 OF THE MONROE COUNTY CODE the Sr.Director of Pknnmg&Environmental Resources submitted to the Planning Comm' ion a Residential Dwelling Unit Allocation Evaluation Report, December S, 2009, pursuant to the procedures outlined in Monroe County Code, Amended,Section 138-26;and the Monroe County Planning Commission during a regula public mating held on December 15, 2009, conducted a public hearing to review, discuss, and make formal motions regarding the Dwelling Unit Allocation Ratiking Report;and the Plannmg Co ion was presented with the following evidence- I. The memorandum entitled Residential Dwelling Unit Evaluation Report, Quarter 1 of Year 18, from Townsley Schwab, Sr. Director of Planning & Environmental Resources,to the Monroe County Planning Commission,dated December 8,2009,and which repores findings of fact and conclusions of law this Commission adopts by reference,as its own;and 2. The sworn testimony by the Monroe County Growth Management Division staff; and commmu of John Wolfe,Esquire;and the Planning Commission makes the following FhWffiW of Fact; 1. Based upon the written testimony of Townsley Schwab, Sr. Dhvctor of Planning Envmxmental Resources, the Plammg Commuston hereby approves the recommendation by the Sr. Director of Planning& Enviromnental Resources to grant Allocation Rankings in the Lower (Lower/Middle) Keys subarea for Market Rate Dwelling Units to applicants ranked one(1)through fours (14); and 2. Based upon the written testimony of Townsley Schwab, Sr. Dirwor of Plaragrig & Environmental Resources, the Plawing Co ion hereby approves the recommendation by the Sr. Director of Planning & Enviromnental Resources to grant Allocation Rankings in the Big Pine/No Name Key subarea for Market Rats Dwellirig Units to applicants ranked one(1)though two (2);and Resolution P55-09 Page I of 3 I' 3. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission, hereby approves the recoraznendation by the Sr. Director of Planning &Environmental Resources to grant Allocation Rankings In the Upper Keys subarea for Market Rate Dwelling Units to applicants ranked one(1)through six(6)and ranked eleven(11);and 4. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission, hereby approves the e ecommendation by the Sr. Director of Planning & Environmental Resources to hold Upper Keys Market Rate Dwelling Units allocations in abeyance for applicants ranked seven(7)through ten(10)and ranked twelve(12), since the properties do not have tier designations at this time. Once tier designations are finalized, staff will bring the allocations back to the Planning Commission for recommendation of either a sufficient ranking or insufficient ranking for an allocation award for these or other applicants, and 5. Based upon the written testimony of Townsley Schwab. Sr. Director of Planning & Environniental Resources. the Planning Commission hereby approves the recommendation by the Sr. Dkcctor of Planning & Environmental Resources to grant Allocation Rankings In the Upper Keys (Administrative Relief) subarea for Market Rate Dwelling Units to applicants ranked one(1)and three(3),and 6. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & %�` Environmental Resources, the Planning Commission, hereby approves the reeotntnendation by the Sr. Director of Planning & Environmental Resources to hold Upper Keys (Administrative Relief) allocation in abeyance for applicant ranked two (2), since the property does not have a tier designation at this time. Once the tier designation is finalized. staff will bring the allocation back to the Planning Commission for a recommendation of either a sufficient ranking or insufficient ranking for an allocation award. 7. Based upon the written testimony of Townley Schwab. Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning &Environmental Resources to grant zero (0)Allocation Rankings for the Lower and Upper Keys subarea in the very low, low,&median income category for Affordable Housing Dwelling Units;and 8. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant zero(0) Allocation Rankings for the Lower and Upper Keys subarea in the moderate ineonz category for Affordable Housing Dwelling Units;and 9. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the Resolution P55-09 Page 2 of 3 N p 7 recommendation b the Sr. Director of Planning &En ental urccs to t zero Y (0)Allocation Rankings for the Big o Name Keys subarea in the very low, low,&median income category for Affordable Housing Dwelling Units;and 10.Based upon the written testimony of Townley wab, Sr. Director of Planning & Environmental Resources, the Planning Cwnmission hereby approves the recomniendation by the Sr. Dfirctor of Planning dt Environatental Resources to grant zero(0)Allocation Rankings for the Big Pineft4o Name Keys subarea in the moderate income category for Affordable Housing Dwelling Units;and NOW THERMBE BE IT RESOLVED BY PLANMING COMMISSION OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of Law, suppm the decision to APPROVE the Residential Dwelling Unit Allocation Rankings for Quarw 1 Year 18 and holding allocations is abeyance to Upper Keys Market rate Applicants ranked seven (7) though ten (10) and ranked twelve (12).and to Upper Keys Administrative Relief Applicant ranked two (2) as submitted by the Sr. Dire=of Planning dt Environmerital Resources. PASSED AND ADOPTED by the Plawing Commission of Monroe County, Florida,at a regular meeting held on the 15th day of Dexmber2009. Market Rate Lower(D.W p Keys Big o Name Keys U Keys U (Adm.R.HM KCyys sub BMW= sib Chairman Wall Commissioner Werling ya yffi Y A Yffi Commissioner Kale ya Commissioner Cameron Commissioner Lustherg Affordable Housing Lower Mmmdn&Upper Keys Big PineJNo Nam Keys Chairman Wall Commissioner Werling Commissioner Hale Commission Cameron Commissioner Lustberg Planning onulunion Monroe unty, Fl�i B RaAd-Y Y v Chairmart v Signed this 15th day of December 2009 IIPT.^. t) To 3'Op AliF 17rclZbT DY x Resolution P55•09 Page 3 of 3 tarney's Office � EikAA®!�tlltiiYBYCq=bdil��l�1�p1�7S3sS:Sw+sS..w..aww� till [fill M111 its1111 + + or.dateion e���xa:'�axI?a�ewsei;u�grumeu�ew��e"s fill S111111111111111 sit K1111 rjli aom�.ws+wwtaosoG��lMii.wa��SSS�aaS�..-go e ' ® Y n r-rwwwwrw--+++-+++++--wwwwwrwrwwwwrwwwwwwwwr r .eaggg®SBoeeoaa000ao.aegSggggS®88So'gsSg88F1$&d ' � oaoa000000�S�gSgSS���gSeeeaao.0000000a.oeee.o �3 0a.®a..aaaaaaaaaaa a o o a0 o a o coo o a o oaa®a 0000000a kill eameaaao.e.eeeooaaa.oa.o.00.aeeoeeaoaaara0000 w N y Dees.aeaa000...aaoae.ao..000a.....o.oe.000eeo r� oaooe..a0000eoaaeea.•a.oa.00.00eeeaaooaeo.o.o aaea a a a o o aaaaa a a a a a.a a a a a a a o a a.a a o o o o o a...a a a o.}}}}}}a.oaa00000eeoeaaeeaaoa.a...oeee}eaaee } � rrawmwwra.aaaaaaaaaaaaa++wrmwwwwwrrrrmmaaaaa. - .oaa.aoo��i5iiiiSiYiGC:�oaaeaaeeaa.o..aoo..a� rru.....®oSSeSB?SSoa sea 2 t+a to r rr ;r r� a rl% w 4 Y r r a s t 1 11.4 i r fit -14 4 1 I i f% � RESULUT�ON#PO4. 0 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION APPROVING AND HOLDING SOME ALLOCATIONS IN ABEYANCE FOR THE RESIDENTIAL DWELLING UNIT ALLOCATION QUARTER BEGINNING OCTOBER 13, 2009, AND ENDING JANUARY 12, 2010, ALL OTHER APPLICANTS ROLLOVER TO THE NEXT REGULAR QUARTERLY EVALUATION PURSUANT TO SECTION 138-26 OF THE MONROE COUNTY CODE the Sr. Director of Planning&Environmental Resources submitted to the Planning Commission a Residential Dwelling Unit Allocation Evaluation Report,dated March 1, 2010, pursuant to the procedures outlined in Monroe County Code, Amen Section 138-26;and the Monroe County Planning Commission during a regular public meeting held on March 10, 2010, conducted a public hearing to review, discuss, and make formal motions regarding the Dwelling Unit Allocation Ranking Report; and the Planning Commission was presented with the following evidence: 1. The memorandum entitled Residential Dwelling Unit Evaluation Report, Quarter 2 of Year 18, from Townsley Schwab, Sr. Director of Planning & Environmental Resources, to the Monroe County Planning Commission, dated March 1, 2010, and whichreport's findings of fact and conclusions of law this Commission adopts by reference,as its own;and 2. The sworn testimony by the Monroe County Growth Management Division staff; and comments of John Wolfe, Esquire,and the Planning Commission makes the following Findings of Fact: 1. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant Allocation Rankings in the Lower (Lower/Middle) Keys subarea for Market Rate Dwelling Units to applicants ranked one (1) through ten (10) and thirteen (13) though fourteen (14); and 2. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources. the Planning Commission, hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to hold Oka, Lower (Lower/Middle) Keys Market Rate Dwelling Units allocations in abeyance for Resolution PO4-10 Page I of 3 applicants ranked eleven(11)through twelve(12), since the properties do not have tier designations at this time. Once tier designations are finalized, staff will bring the allocations back to the Planning Commission for recommendation of either a sufficient ranking or insufficient ranking for an allocation award for these or other applicants; and 3. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant Allocation Rankings in the Big Pine/No Name Key subarea for Market Rate Dwelling Units to applicants ranked one(1)through two (2).and 4. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission, hereby approves the recommendation by the Sr. Director of Planning tit Environmental Resources to grant Allocation Rankings in the Upper Keys subarea for Market Rate Dwelling Units to applicants ranked four(4)and six(6)through nine(9);and 5. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission, hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to hold Upper Keys Market Rate Dwelling Units allocation in abeyance for applicants ranked one (1)through three (3).five (5). and ranked twelve(12)through thirteen(13), since /, W the properties do not have tier designations at this time. Once tier designations are finalized, staff will bring the allocation back to the Planning Commission for recommendation of either a sufficient ranking or insufficient ranking for an allocation award for these or other applicants;and 6. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning& Environmental Resources to grant Allocation Rankings in the Upper Keys (Administrative Relief) subarea for Market Rate Dwelling Units to applicants ranked one(1)through two(2);and 7. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning& Environmental Resources to grant zero (0)Allocation Rankings for the Lower and Upper Keys subarea in the very low, low,&median income category for Affordable Housing Dwelling Units;and B. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant zero (0) Allocation Rankings for the Lower and Upper Keys subarea in the moderate income category for Affordable Housing Dwelling Units;and // MA Rewlution PO4-10 Page 2 of 3 9. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant zero (0)Allocation Rankings for the Big Pine/No Name Keys subarea in the very low, low,&median income category for Affordable Housing Dwelling Units;and 10• Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant zero(0)Allocation Rankings for the Big PinelNa Name Keys subarea in the moderate income category for Affordable Housing Dwelling Units: and NOW THEREFORE BE IT RESOLVED BY PLANNING COMMLSSION OF MONROE COUNTY. FLORIDA, that the preceding Findings of Fact and Conclusions of Law, support the decision to APPROVE the Residential Dwelling Unit Allocation Rankings for Quarter 2 Year 18 and holding allocations in abeyance to Lower (Lower/Middle)Keys Market rate Applicants ranked one (1) through ten (10)and thirteen (13) though fourteen (14), and to Upper Keys Market rate Applicants ranked one (1) through three(3),five(S), and ranked twelve(I2)through thirteen(13)as submitted by the Sr.Director of Planning&Environmental Resources. PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida,at a regular meeting held an the 10th day of March 2010. Market Rate Lower(Lwdmdi)Keys Big Pine/No Name Keys Upper Keys Upper(mm.Row)Keys subarea ssibsroa sub Chairman Walt Yid Commissioner Werling absent ii 11 Commissioner Hale Yid Yid Commissioner Cameron ye y xis x Commissioner Lustherg Affordable Housing Lower(LwnMm) &Upper Keys Big Pine/No Name Keys subarea Chairman Wall Yid Commissioner Werling absent absent Commissioner Nate Yid Commission Cwneron YMCA —Cb)dN!!t`1Mw-Lauberg• _ ,� YM A ne^O'rt? s'rtj — Planning Commission of r Monroe County,F[a 'da ed this 4(WWO34 of March 20 10 Randy 1,Chairman Resolution PO4-10 Paige 3 of 3 77 I I IIH, IL exsagasr�crraeeearrxa�O��VS'�G���rae�grsaa;,aese� asssa8assa8s$8araa�����aaaa�a�ar��a��ss$8$ass�t � IF if Bfit it um IKE lift r I! 1 19 11 lift V�jwyy �� YIY�sYrjPy�.riP VPrN Y'��PY�p:YN���OPYg PP+ i RNg �f p fg� spa rrrr Y P "y Pr V1111111TfRe 1i11 1 r r r M M M y N M N y M y M M M y M r r++r r+r+r+r r y M N y y y N y y y M M y Y Y e o 0 0 0 0 0 o e o 0 o a P a o P o n S n 8 g o S 8 a a........ �eeeeeaeeeePPeaee Paeaeeeaeaeeeeeaeeaeeeeaaeeeae ' ���' -- peaeaaaee eeaeeaeeeeeeeeeaaoaaeaaeeeeeeeeaoa000a '�p� iooYOPPooPe00000e Pooe0000e POPOPoeeePeee PYPoeePe y �e..........PP.....PPaeeePeePeeeeeeeeeeeaeaeeaae �� N O �eeeeeaeeeeeaaeeeeeeeeeeeaeeaeeaeeeeae....... I 72 peeeeaaeaeoeoeoe Paoe000aoeaeeeaeeeaaeee PaeaaaPa ■■� eeeaaaeeaoaPeoaoPPePeee6aeaaePaeeeeaaeeeeeaeea �$� �� eeeyyyyyyoeoP0000000eoeooeo P00000P000000ye00000 �., S I Peeee PPe����eeaeea����Q�x����d�ea PeaPeeeeaea�� f��� - %�!, 'C YYY PP PP P'aO++M yy�JY FS�y�1yMN��+�M Y�YY YYY YYYVY����rO R `t r �n s i N r w kw bill ills v .a (Nw fit E gill fill[ Ali%fyj till 80 s a y . t RESOL ON P 0-10 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION APPROVING THE YEAR IS QUARTER 3, (JANUARY I3, 2010-APRIL 12 , 2010) RESIDENTIAL DWELLING UNIT MARKET RATE ALLOCATIONS FOR THE LOWER KEYS SUB AREA , BIG PINE AND NO NAME KEYS AND FOR AFFORDABLE HOUSING; HOLDING SOME ALLOCATIONS IN ABEYANCE PENDING TIER DESIGNATIONS; CONTINUING THE UPPER KEYS MARKET RATE ALLOCATIONS UNTIL JUNE 23,2010. WHEREAS, the Sr. Director of Planning&Environmental Resources submitted to the Planning Commission a Residential Dwelling Unit Allocation Evaluation Report,dated June 2, 2010, pursuant to the procedures outlined in Monroe County Code, Amended, Section I38-26; and WHEREAS, the Monroe County Planning Commission during a regular public meeting held on June 9, 20I0, conducted a public hearing to review, discuss, and make formal motions regarding the Dwelling Unit Allocation Ranking Report; and yid; WHEREAS, the Planning Commission was presented with the following evidence: I. The memorandum entitled Residential Dwelling Unit Evaluation Report, Quarter 3 of Year 18, from Townsley Schwab, Sr. Director of Planning & Environmental Resources, to the Monroe County Planning Commission, dated June 2,2010; and 2. The sworn testimony by the Monroe County Growth Management Division staff, and comments of John Wolfe,Esquire, and WHEREAS, the Planning Commission makes the following Findings of Fact: I. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to lit Allocation Rankings in the Lower (Lower/Middle) Keys subarea for Market Rate Dwelling Units to applicants ranked one (1), two (2), five (5), through seven (7) and nine(9)through thirteen (13); and Z. Based upon the written testimony of Townley Schwab, Sr. Director of PIanning & Environmental Resources, the PIanning Commission, hereb approves recommendation by the Sr. Director of Plamm�g & Environmental Reso o hold %j Lower (Lower/Middle) Keys Market Rate Dwelling Units allocations in abeyance for applicants ranked three(3), four (4), and eight (8), since the properties do not have tier Resolution P10-10 Page ] of3 f% designations at this time. Once tier designations are finalized, staff will bring the allocations back to the Planning Commission for recommendation of either a sufficient ranking or insufficient ranking for an allocation award for these or other applicants; and 3. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant Allocation Rankings in the Lower Keys (Administrative Relief) subarea for Market Rate Dwelling Units to applicant ranked one(1); and 4. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant Allocation Rankings in the Big Pine/No Name Key subarea for Market Rate Dwelling Units to applicants ranked one(1)through two (2); and S. Based upon the testimony of staff concerning inconsistencies and inaccurate information regarding the availability of central wastewater treatment system availability in the Upper Keys subarea, the Planning Commission, hereby approves the continuance of the Upper Keys subarea market rate applications to June 23,2010; and a 6. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant zero (0) Allocation Rankings for the Lower and Upper Keys subarea in the very low, low,&median income category for Affordable Housing Dwelling Units;and 7, Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant zero (0) Allocation Rankings for the Lower and Upper Keys subarea in the moderate income category for Affordable Housing Dwelling Units;and 8'. Based upon the written testimony of Townley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant zero (0)Allocation Rankings for the Big Pine/No Name Keys subarea in the very low, low, &median income category for Affordable Housing Dwelling Units; and 9. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant /� zero (0) Allocation Rankings for the Big Pine/No Name Keys subarea in the moderate income category for Affordable Housing Dwelling Units; and Resolution P 10-10 Page 2 of 3 ti Jr NOW THEREFORE BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY, FLORIDA, that the preceding Findin f Fact and Conclusions of Law, support the decision to APPROVE the Residential Dwelling Unit Allocation Rankings for Quarter 3 Year IS and holding allocations in abeyance for Lower (Lower/Middle) Keys Market rate Applicants ranked ffiree(3), four (4), and eight (8), and continuing the public hearing for the Upper Keys Market Rate Applications to June 23, 2010 at 10:00 am as shown on EXHIBIT`A' attached. PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida,at a regular meeting held on the 9th day of June 2010. Market Rate Continue Lower(Lwmdo Keys Lower(Adm Relied Keys Big Pine/No Nam Keys Upper Keys sub s bea Chairman Wall Y Commissioner Werling Commissioner Hale Commissioner Cameron Commissioner Lustberg +Les Affordable Housing Lower(Lwr1Mm) &UpperKeys Big Pine/No Name Keys ado Chairman Wall ,e9 —suam Commissioner Werling YM Commissioner Hale '� Commission Cameron M Commissioner Lustberg Yea ya Planning Commission of Monroe County, " By r Signed this 9th day of June 2010 Randy al Ch ' j APPROVED AS TO FORM AND LEG s '% MNCX BY �-- ' it ym6y's Office N� Resolution P 10-10 Page 3 of 3 93 - ��� 5t5�6t9 �____ s�e_g�ea�9�9gsassug�ss��g�sseeega��$&�aas y ,g Op000p - ��9� 8BF8g�$�Fs�Fs�Bss�������������ss8888F�88�8�8� a � N co fill qq pp - N---------- ---N N N N N N N N N N N N N N Y O O O O O O O O O O O S O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O O gg O O O O O O O O O O O O O O p y 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ' " • • • it 2 1 0 0 0 0 0 0 0 0 0 0 p O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p p A. 0000000000000000000000000000000000000000000000 0000000000000000000000000 00000000000000000000 O R 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O Y O O o O o o O O o O o O O o o O o O O o O O o O o-0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 u 0 � Y N� 0000000000000000000000000000000000000000000000 Y �a N a J 0 0000000000000000000.00.0..0..00000000000000000 O 00000000000000o00o0ooOoo0000000000000000000000 fff s 3 ry 000000000000000000000o00o000000000000000000000 C { 0}00&lik1000000000000000000000000000e o oeooeeoe k e f m O V N N N u O O--N N-N N- ---------- C Y Y u u Y u Y-------0 ���� -------s�sssseeooeoeeooeooe� �V O a x m m fi c 4�s r 4 4 r �m i EXHIBIT REVISED AGENDA MONROE COUNTY BOARD OF C0UN1XgQHH191QNM Any person who wishes to be heard shall provide the Clerk with his or her name and residence and the agenda item on which he or she wishes to be heard. Such information shall be on a card provided by the County. Once public input begins, there will be no ftu-ther speaker cards allowed to be submitted to the Clerk for that subject. An individual has three minutes and a person representing an organization has five minutes to address the Board (except that individuals wishing to speak during public hearings pertaining to land use issues will have five minutes). The first person representing the organization will be allowed the five minutes. Subsequently, all other speakers on behalf of that organization have three minutes to address the Board. Once an individual has addressed the Board, he or she will not be permitted to return to the podium for follow-up comments, unless the issue involved is quasi judicial in nature. In that case, the applicant may return to the podium to conclude his or her position at the end of the public hearing. ADA ASSISTANCE:Ifyou are a person with a disability who needs special accommodations in order to participate in this proceeding,please contact the County Adndnisirator's Ofte,by phoning (305) 292-4441, between Me hours of 830 am. - 5.00 pm., no later than ten (10) calendar days prior to the scheduled meeting, #'you are hearing or voice impaired,call 11711 Please note that&U time approximate Items are listed in bold. Wednesday,July 21, 2010 The Harvey Government Center at Historic Truman School 1200 Truman Avenue Key West, Florida 9:OOA.M. -Regular Meeting 9:15 A.M-Land Authority Governing Board 9:30 A.M. -Fire&Ambulance District I Board of Governors Public Hearings Public Hearings TIME APPROXIMATE 9:00 A.M. CALL TO ORDER INVOCATION SALUTE TO FLAG A. ADDITIONS, CORRECTIONS, DELETIONS B. PRESENTATION OF AWARDS I Presentation of Years of Service Award for 30 years of service to Monroe County to Lisa Druckemiller, Senior Administrator, Technical Services Department. VIEW 2. Presentation of Years of Service Award for 30 years of service to Monroe County to Fred Gartenmayer, Plumbing Foreman, Facilities Maintenance, Public Works Division. VIEW 3. Presentation of Years of Service Award for 20—years of service to Valerie Moore, Business Manager,Monroe County Library, VIEW 4. Presentation of Years of Service Award for 10 years of service to Monroe County to Terry Thompson, Sr. Landscaper, Higgs Beach, Facilities Maintenance, Public Works Division. VIEW 5. Presentation of Employee Service Award for amonth of April 2010 to Brian Bradley, Coordinator, County Attorney's Office, VIEW 6. Presentation of Government Finance Officers Association(GFOA) award to Monroe County's Office of Management and Budget. VIEW 7. Presentation of Mayor's Proclamation celebrating the week of July 18-24, 2010 as Probation, Parole, and Community Supervision Week in Monroe County. VIEW 8. Presentation of Mayor's Proclamation declaring August 10, 2010 as Internatiowd Taoist Tai Chi Awareness Day in Monroe County. VIEW 9. Presentation of Mayor's Proclamation declaring November 1st to 7'h, 2010 as EcoWeek in Monroe County and the Florida Keys, VIEW 10. Presentation of "Outstanding Intern" award to Spenser Budde. VIEW C. BULK APPROVALS—COMMISSIONER WIGINGTON I• Approval for Monroe County Bayshore Manor to re-enroll in a Provider Agreement for participation in the Title XIX Institutional Florida Medicaid Program VIEW 2. Approval of Modification #001 tote Weatherization Assistance Program, American Recovery and Reinvestment Act Sub-grant Agreement (ARRA WAP), Contract #IOWX-7X-1 1-54-01-719 between Monroe County Board of County Commissioners (Community Services/Social Services) and the State of Florida, Department of Community Affairs. V I EW 2 C. BULK APPROVALS—CONTINUED 3. Approval of Amendment 007 to the Community Care for the Elderly (CCE) Contract KC-971 between the Alliance for Aging, Inc. (Area Agency on Aging) and the Monroe County Board of Commissioners (Social Services/In-Home Services) for fiscal year 7/l/09 to 6/3 0/10. V I E W 4. Approval of recei t nthly report on change orders reviewed by the County Administrator's Office. VIEW 5. Approval of updated Business Associates—Agreement with Horizon Health EAP Services. VIEW 6. Approval of updated Business Associates Agreement with Wells Fargo, YIEW 7. Approval to renew the Airport Liability Insurance with Ace Property Casualty Insurance Company through Arthur J. Gallagher. VIEW 8. Approval of a revision to Health Insurance Plan Document. yjEW 9. Approval to send a letter of interest to the City of Lantana in support of their application for the Environmental Protection Agency for the Climate Showcase Communities Grant. VIEW 10. Approval to spend District 1, District 3 and District ire and Ambulance Impact Fees to install 23 fire hydrants at strategic locations in the areas of unincorporated Monroe County and issue a Purchase Order to LA. LaRocco Enterprises, Inc. for the same. VIEW 11. Approval by the Board, acting as Plan Administrator of the Length of Service Award Plan (LOSAP) to begin I 0-year disbursement of funds to one eligible participant, with a monthly beneflt of$180.00 commencing August 1, 2010. VIEW 12. Approval of a resolution authorizing tmnsfer of use and possession a Ford Explorer owned by the Upper Keys Health Care Taxing District upon payment of fair market value in the amount of $12,375.00 by Monroe County Fire and Ambulance District 1; and authorization for the Division Director, Monroe County Emergency Services/Fire Rescue to execute all necessary paperwork, including but not limited to, the Monroe County Fixed Asset Transfer Form. VIEW 13. Approval of various resolutions for the transfer of funds and resolutions for the receipt of unanticipated revenue. V I E W 14. Approval of a resolution authorizing the submission of grant application to the Florida Department of Law Enforcement for the Edward Byrne Memorial Justice Assistance FY 2011 Grant (JAG) program based upon the recommendations of the Substance Abuse Policy Advisory Board and authorization for the County to execute application. VIEW 3 :3 C. BULK APPROVALS—CONTINUED 15. Authorization for the Mayor to execute the Edward Byrne Memorial Justice Assistance funding distribution letterwith the Department of Law Enforcement for fiscal year 2011 (Oct. 1, 2010 through Sept. 30, 2011), whereby Monme county agrees to the distribution of JAG program funds in the County. YIEW 16. Ratification of approval/acceptance of Florida Department of Transportation grant for an additional $250,000.00 for Planning Studies for the Key West and Marathon Airports. YIEW 17. Approval to fund one half of the expense(not to exceed $5,000.00) for a bust of George Faraldo, to be placed in the New Terminal Building. YIEW 18. Approval of a lease for rental space with Keren Adlen and Dani Tobaly, dba JET LAG ACCESSORIES, LLC., for rental space at the Key West International Airport. VIEW 19. Approval to award bid and execute a contract with Jayne's Cleaning Service for janitorial services at the Key West International Airport, and approval for Jayne' Cleaning Service to commence services beginning August 1, 2010. VIEW 20. Approval to pay an invoice for Emergency of Repairs at the Key West International Airport from Pearson Framing Contractors, Inc., required due tote replacement of an air conditioning unit located above the ground-level one Flyer Restaurant. YIEW 21. Approval of Amendment to Agreement with Stand Up for Animals, Inc. (SUFA) to operate the Big Pine Key and Mamthon Animal Shelters for an additional ninety(90)days. YIEW 22. Approval of Task Order PW-MAC-001 with MACTEC Engineering and Consulting, Inc. for Providing facility asset management products and services to assist Public Works with implementation of an engineering-based, IT-enable facility management program. YIEW 23. Approval to reject bids and re-advertise for Shade Structures for Lower Keys Parks. YIEW 24. Approval to reject bids and re-advertise for Park Irrigation Systems for three Lower Keys parks as follows: Bay Point, Big in Community, and Bernstein.YIEW 25. Approval to reject bids and re-advertise for Playground Equipment for Lower Keys Parks. YLEW 26. Approval to exercise the second renewal option of the contract with U. s. Water Services Corporation for operation and maintenance of the wastewater treatment plant at the Marathon Government Center. VIE W 27. Approval of a Lease Agreement with Early Learning Coalition of Miami-Dade/Monroe to provide office space at the Gato Building, 1100 Simonton Street, Key West, L. VIEW 4 14 C. BULK APPROVALS—CONTINUED 28. Approval of a Lease Agreement with the State of Florida Department of Health, Monroe County Health Department, to provide continued office space at the Gato Building, 1100 Simonton Street Key West, FL. VIEW 29. Approval of a Lease Agreement with the State of Florida Department of Health, Monroe County Health Department, to provide continued office space at the Murray E. Nelson Government and Cultural Center, 102050 Overseas Highway, Key Largo, FL. VIEW 30. Approval to award bid and execute a contract with Hammerhead Termite Control for fumigation services of the Monroe County Courthouse, Key West, Florida. VIEW 31. Approval to award bid and execute a contract with DebonAir Mechanical, Inc. for central air conditioning maintenance and repair for County facilities in the to keys. VIEW 32. Approval to amend agreement with Weathertrol Maintenance Corp. for central air conditioning maintenance and repair for Lower Keys facilities. VIEW 33. Approval to award bid and execute contract for unleaded gasoline and diesel fuel to the second lowest bidder Dion it Company, LLC. VIEW 34. Approval of a resolution to adopt tentative residential solid waste collection, disposal, and recycling rates for Fiscal Year 2010/11. VIEW 35. Approval of a resolution to adopt tentative solid waste collection, disposal, and recycling rates for commercial waste generators for Fi" Year 20 10/11. VIEW 36. Approval to purchase from AT&T Quote # 321270739 "Schedule for the Purchase of Fquipment and/or Services" for telephone equipment and services to upgrade the telephone switching systems in the Marathon Government Center and the Plantation Key Courthouse to a highly available core switch and to upgrade equipment for other smaller sites in Marathon. VIEW D. TOURIST DEVELOPMENT COUNCIL 1. Approval of an Agreement with Monroe Council of the Arts Corporation, d/b/a Florida Keys Council of the Arts to provide funding to supplement costs of tourist related programs. VIEW 2. Approval to utilize $500,000 TDC Emergency Contingency Funds to address the impacts of BP oil spill. VIEW 3. Approval to revise TDC Operations Manual "Acceptable Event Marketing Expense"Policy. VIEW 4. Approval of the 2010/2011 Monroe County Tourist Development Council Marketing Plan. VIEW D. TOURIST DEVELOPMENT COUNCIL-CONTINUED 5. Approval of an Amendment to Agreement to revise Exhibit A with Key West Players, Inc. covering the Stage Repair and Rigging Renovation at the Waterfront Playhouse in an amount not to exceed$25,000, DAC 1, FY 2010 Capital Resources. VIEW 6. Approval of an amendment to Agreement with Up—per Keys Business Group, Inc. to revise date of event to April 23-June 12, 2010 for the Key Largo Conch Republic Days event. VIEW E. STAFF REPORTS 1. AIRPORTS 2. BUDGET&FINANCE 3. EMERGENCY SERVICES 4. EMPLOYEE SERVICES 5. PROJECT MANAGEMENT 6. GROWTH MANAGEMENT 7. PUBLIC WORKS 8. TECHNICAL SERVICES ADJOURNMENT 9-15 A.M. F. LAND AUTHORITY GOVERNING BOARD I. Approval of the minutes for the meetings held on June 16,2010 and June 29,2010. VIEW 2. Approval to purchase property for conservation. a) Block 3,Lots 4 and 9,Paradise Poin4 Key Largo VIEW b) Block 5, Lots 1 and 2, Bowens Addition to era Village, Key Largo VIEW c) Big Pine Key Acreage(RE#001 108414MM)M) VIEW d) Block 4, Lot 7, Cutthroat Harbor Estates, Cudjoe Key VIEW 3. Approval of a resolution authorizing the issuance of two mortgage loans to The Housing Authority of the City of Key West to flnance the purchase of 712-716 Eisenhower Drive and 703-705 Pearl Street in Key West as an affordable housing site. VIEW 4. 1p—proval of a resolution conceming the transfer of funds. VIEW • Approval of it resolution authorizing the issuance of two mortgage loans to The Housing Authority of the City of Key West to finance the purchase of 1911-1913 Patterson Avenue in Key West as an affordable housing site. V I EW 6. Approval of a resolution concerning ii`e—tmusfer of funds. VIEW ADJOURNMENT 9:30 A.M. G. FIRE & AMBULANCE DISTRICT I BOARD OF GOVERNORS 1. Report 2. Approval to spend Ad Valorem taxes to install 7 fire hydrants at strategic locations in the areas of unincorporated Monroe County and issue a Purchase Order to J.A. LaRocco Enterprises,Inc for the same. VIEW 3. A Resolution of the Board of Governors, Fire and Ambulance District I of Monroe County, Florida authorizing payment of $12,375.00 to the Upper Keys Health Care Taxing District In return for use and possession of a Ford Explorer, County ID 1419-5655; and authorization for the Division Director, Monroe County Emergency Services/Fire Rescue to execute all necessary paperwork, including but not limited to, the Monroe County Fixed Asset Transfer Form. VIEW ADJOURNMENT 10:30 A.M. H. PROJECT MANAGEMENT 1. Presentation from William P. Horn, Architect P.A. on the status and design of the Higgs Beach Park Master Plan. VIEW J. DIVISION OF GROWTH MANAGEMENT—BULK APPROVALS I Approval of a resolution setting the date, time and place for a public hearing of a proposed abandonment of a portion of State Road 905/County Road 905, Harbor Course Subdivision Section 1, Ocean Reef Plat 13, North Key Largo. VIEW 2. Approval of a resolution setting the date, time and place for a public hearing of a proposed abandonment of a portion of Cabrera Street, South Creek Village Subdivision, Key Largo. VIEW 3. Approval of a request for the full refund of $1,778.00 for the road abandownent petition fee for F. Albert Zamacona, 27285 Mariposa Road, Ramrod Key(File No. 28097). VIEW 4. Approval of a partial release of Lease No. 4549, a land management lease between Monroe County and the Board of Trustees of eftnternal Improvement Fund of the State of Florida(HOT), VIEW 5. Approval of Commencement Date Agreement as part of the lease between Monroe County and Habitat for Humanity of the Middle Keys bommunity Land Trust, Inc. for property located at 1007 751h Street in Marathon (RE#00343090-000000). VIEW 7 2:45 P.M K. DIVISION OF GROWTH MANAGEMENT 1. An appeal of the ROGO Allocation rankings of the Monroe County Planning Commission for applications #07100486, #07100479, #07100485 and #07100483 in Planning Commission 1)D-k Q+1 0 CNS Resolution 04-10 dated March 10, 2010 and approval of a i ) i k-2— resoluton approving the ROGO rankings and DENYING the CU appeal by the appellant, John K. Akns. V I EW ® A.M. L TAX COLLECTOR 1. Approval of the recap of the 2009 tax roll and the list of errors and insolvencies for the 2009 tax roll, and approval to extend the 2010 tax roll is extended and the bills be mailed prior to Completion of Value Adjustment Board Hearings. VIE 1:30 P.M. M. WASTEWATER ISSUES 1. Wastewater Status ReporL VIEW 2. Approval of third Amem�d—ment to the 6/21/06 Interlocal agreement (ILA) with FKAA revising the County Funding portion to S37,0W,000 and immediately appropriating those foods which have been duly approved for the estimated costs of administmdou, planning and construction of the Big Coppitt Regional Wastewater ProjecL VIEW 2:00 RM. N. SOUNDING BOARD I Request to speak to the Board of County Commissioners in regards to — the end of the pilot program in November, the proposed revitalization of Monroe County's image, and pathways towards local policies that are more conducive to Keys homeowners—John November, YIEW 0. COMMISSIONERS' ITEMS I. MAYOR MU URPHY - Approval to advertise a reconsideration of an Administrative Relief for Triple J Investments Inc. on Lot 23, Block 3, Ocean Park Village, Key Largo, Real Estate Number 00446010.000000, yLEW 2. COMMISSIONER CARRUTH - Approval to reappoint ���IVIL"�aalU�,NIIK U��E�RS Steve Torrence tot Monroe County Human Services Advisory Board. YIEW 0. COMMISSIONERS' ITEMS -CONTINUED 3. Cf)MM,1,SSIONER CARRUTHEnc, - Discussion by the Board of County Commissioners regarding the tolling of USI as an alternative funding source for County infimstructure projects, including as a possible alternative for meeting our wastewater mandate. VIEW 4. LC0__M__MM1_SSJ1_0NER WIGINGTON - Approval of appointment of Dr. Lesley Salinero to the Human Services Advisory Board Working Group. VIEW 5 - Approval of reappointment of Alexsandra Leto to Human Services Advisory Board. VIEW 2:30 P.M. 6. COMMISSIONER DIGE NAR Discussion W—proposed asio apmen' Code and/or 0 isc ty and Deve' dment to Monroe Coun L h plan it 0 p! e d add n te on to established re 0 ad al ctl to Co ensiv mit y u g a vL hei;pt b req inn ter re e end nor to seeking an r p U amendment to allow an incre e in heigh� and direction to legal staff to research the constitutionality and enforceability of a referendum requirement. VIEW 7. C11 iiiiiii�illill'���lil!E'.-"IONERL�����'��!Ml������'���,g.ENNARO - Approval to appoint Josh Mothner to the Human Services Advisory Board(HSAB) Working Committee. VIEW P. COUNTY CLERK 1. Report 2. Official approval of the BOCC minutes &om the Special BOCC meeting held on May 11, 20 10 and Regular meeting held on May 19,20 10(previously distributed). 3. Approval of Warrants. VIEW 4. Approval of Tourist Development Council Expenditures for the month of June,20 10. VIEW 5. Approval to remove surplus equipment from inventory via disposal or advertise for bid. YIEW Q. COUNTY ADMINISTRATOR 1. Report VIEW 2. Approval of Professional Services Agreement between Floridian Partners, LLC under the Exception tote competitive bidding process as set out in Chapter 413 of County Purchasing Policy for consulting services, including lobbying, for a one-year to retroactive to July 19,2010 through July 18,2011. VIEW 3. Approval of a resolution requesting that the Navy utilize the F-14 Aircraft Operation - in affect or tote F-18 Super Hornet - as the baseline for the upcoming Environmental Impact Statement. VIEW R. COLNTY ATTORNEY 1. Report 2. Approval to issue a PO for 60 month lease with Xerox for a W5665PT Copier and a Xerox MFP8560DI Multifunction Color Phaser to replace the Xerox WCP3545. VIEW 3. Approval of an assigninent to Islamorada, Village of Islands of lease for area known as Anne's Beach. VIEW 4. Approval of Estoppel Certificate regarding the Ground Lease between Monroe County and Overseas Redevelopment Company, LLC and the Revised Sub-Lease Agreement between Overseas Redevelopment Company, LLC and Flagler Village Limited Partnership, Ltd. and Monroe County, FL for an affordable housing project. VIEW 5. Request by Property Owner Rebecca Newman for ftirther reduction of fines in Code Enforcement Case CE09080129. Fines Total$42,700.00. Costs Total $325.74. VIEW 6. Request for approval to advertise a Public Hearing to consider adoption of an ordinance amending Monroe County Code, Section 4-46 to provide clarification to allow citations to be issued to persons other than owner(s)or keeper(s)of animals. VIEW 3:00 P.M. S. PUBLIC HEARINGS 1. A Public Hearing to consider approval of a resolution for a Budget Amendment of Fiscal Year 2010 Affordable Housing Program Fund ® VIEW 2. A public hearing to consider adoption of an Ordinance amending Sec. 23-76, MCC, adding specific language regarding"mobile business first time" for clarification. VIEW 3. A public hearing to consider adoption of a County Ordinance to amend sections of Chapters 19 and 25 of the Monroe County Code to clarify prohibited uses of County rights-of-way and provide limitations on appeals processes, additional enforcement measures, penalties and increased fees for permits.YIEW 4. A public hearing providing for the repeal of Ordinance No. 011-2010 regarding registration of lobbyists. VIEW T. PUBLIC HEARINGS 6:00 P.M. Plan,1. Approval of a resolution to transmit to the Florida Department of Community Affairs an amendment to Policy 101.2.6 of the Monroe County 2010 Comprehensive Plan Future Land Use Element to extend the moratorium of new transient residential units until December 31,2011. VIEW 2. Approval of a resolution to transmit to the Florida Department of Community Affairs (DCS), an amendment to the Monroe County Year 2010 Comprehensive creating Goal , Objective e , and e e Island. 1 that establishes a Sub Area Policy for Wisteria VIEW 3. Approval of a resolution to transmit to the Florida Department Island.of Community Affairs (DCA), an amendment to the Monroe County 2010 Comprehensive Plan Future Land Use Map (FLUM), amending the FLUM designation from Undesipated to Mixed Use Commercial(MC)for Wisteria WEDNESDAY, JULY 213 2010 A22:m Page 5 C36 TECHNICAL SERVICES - Approval to purchase from AT&T Quote # 321270739 "Schedule for the Purchase of Equipment and/or Services" for telephone equipment and services to upgrade the telephone switching systems in the Marathon Government Center and the Plantation Key Courthouse to a highly available core switch and to upgrade equipment for other smaller sites in Marathon. Page 9 Q4 COUNTY ADMINISTRATOR - Discussion and action regarding proposal submitted to Key Colony each for Monroe County Fire Rescue to provide fire and emergency medical services (EMS) to the City of Key Colony each in response to their request for said proposal. Page 7 G2 BOARD OF GOVERNORS - Approval to spend Ad Valorem taxes to install 7 fire hydrants at strategic locations in the areas of unincorporated Monroe County and issue a Purchase Order to J.A. LaRocco Enterprises, Inc for the same, Page 8 KI GROWTH MANAGEMENT — An appeal of the ROGO Allocation rankings of the Monroe County Planning Commission for applications #07100486, #07100479, #07100485 and #07100483 in Planning Commission Resolution 04-10 at March 10, 2010 and approval of a resolution approving the ROGO rankings and DENYING the appeal by the appellant, John K. Akins .............. ............. GQRRKCjLQE5ffl= Page 4 C18 AIRPORT - ( Revised wording) - Approval of a lease for rental space with Kere n Adlen and Dani Tobaly, dba JET LAG ACCESSORIES, LLC., for rental space at the Key West Intemtional Airport. Page 5 C32 PUBLIC WORKS — (Backup now included) -Approval to amend agreement with Weathertrol Maintenance Corp. for central air conditioning maintenance and repair for Lower Keys facilities, Page 10 R2 COUNTY ATTORNEY — (Revised wording & backup) - PhftseF4e-fepleee4he-Xe �"rD C"& Approval to issue a PO for 60 month lease with Xerox fora W5675PT Copier and a Xerox NIFP8560DI Multifunction Color Phaser to replace the Xerox WCP3545 Page 11 T2 PUBLIC HEARING/ — (Revised backup - Pages 128-134 of the original package have been deleted. Pages 143-155 have been inserted into the REVISED package as well as pages 221- 225 were added ) Approval of a resolution to transmit to the Florida Department of Community Affairs (DCS), an amendment tot Monroe County Year 2010 Comprehensive Plan, creating Goal 107, Objective 107.1, and Policy 107.1.1 that estabfishes a Sub Area Policy for Wisteria Island. Page I I T3 PUBLIC HEARING/GROWTH MANAGEMENT — (Pages 188 — 192 were added) - Approval of a resolution to transmit to the Florida Department of Community Affairs (DCA), an amendment to the Monroe County 2010 Comprehensive Plan Future Land Use Map (FLLJM), amending the FLUM designation from Undesignated to Mixed Use Commercial (MC) for Wisteria Island AGENDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS WEDNESDAY,JULY 21, 20 10 TIMES APPROXIMATE 9:00 AM. Board of County Commissioners Regular Meeting 9:15 A.M. F I/F6—Land Authority 9:30 AM. G 1/ 3 —Board of Govemors; 10:30 A.M. H I —Project Management 10:45 A.M. L I —Tax Collector 12:00 P.M. Lunch Break 2:00 P.M. N I —Sounding Board 2:30 P.M, 06—Commissioner DiGennaro 2:45 P.M. K I —Growth Management I/S4 —Public Hearings 6:00 P.M. T I/T3 —Public Hearings 141 MEXHIBIT 0 128 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, July 21, 2010 Key West, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 A.M., at the Harvey Government Center. Present and answering to roll call were Commissioner Heather Carruthers, Commissioner Mario DiGennaro, Commissioner George Neugent, Commissioner Kim Wigington, and Mayor Sylvia Murphy. Also present at the meeting were Roman Gastesi, County Administrator; Debbie Frederick, Assistant County Administrator; Suzanne Hutton, County Attorney; Danny L. Kolhage, Clerk; Isabel C. De Santis, Deputy Clerk; County Staff, members of the press and radio; and the general public. ADDITIONS, CORRECTIONS,DELETIONS Motion was made by Commissioner Neugent and seconded by Commissioner DiGennaro -granting approval of Additions, Corrections and Deletions to the Agenda. Motion carried unanimously. PRESENTATION OF AWARDS Presentation of Years of Service Award for 30 years of service to Monroe County to Lisa Druckemiller, Senior Administrator, Technical Services Department. Presentation of Years of Service Award for 30 years of service to Monroe County to Fred Gartenmayer, Plumbing Foreman, Facilities Maintenance, Public Works Division. Presentation of Years of Service Award for 20 years of service to Valerie Moore, Business Manager, Monroe County Library. Presentation of Years of Service Award for 10 years of service to Monroe County to Terry Thompson, Sr. Landscaper, Higgs Beach, Facilities Maintenance, Public or Division. Presentation of Employee Service Award for the on of April 2010 to Brian Bradley, Coordinator,County Attorney's Office. Presentation of Goverriment Finance Officers Association(GFOA) award to Monroe County's Office of Management and Budget. Presentation of Mayor's Proclamation celebrating the week of July 18-24, 2010 as Probation, Parole, and Community Supervision Week in Monroe County. 129 Presentation of Mayor's Proclamation declaring August 14th, 2010 as International Taoist Tai Chi Awareness Day in Monroe County. Presentation of Mayor's Proclamation declaring November 1st to 7th, 2010 as EcoWeek in Monroe County and the Florida Keys. Presentation of"Outstanding Interif' award in the Office of the County Attorney to Spenser Budde. Presentation of Years of Service Award for 20 years of service to Monroe County to Suzanne Hutton, County Attorney. BULK APPROVALS Motion was made by Commissioner DiGennaro and seconded by Commissioner Neugent granting approval of the following items by unanimous consent: Board granted approval for Monroe County Bayshore Manor to re-enroll in a Provider Agreement for participation in the Title XIX Institutional Florida Medicaid Program. Board granted approval and authorized execution of Modification#001 to the Modification of Agreement between the Florida Department of Community Affairs American Recovery and Reinvestment Act(ARRA)Weatherization Assistance Program(WAP), Contract #1 OVrX-7X-11-54-01-719 and the Monroe County Board of County Commissioners (Community Services/Social Services). Board granted approval and authorized execution of Amendment 007 to the Community Care for the Elderly(CCE) Contract KC-971 between the Alliance for Aging, Inc. (Area Agency on Aging) and the Monroe County Board of Commissioners (Social Services)In-Home Services) for fiscal year 7/1/09 to 6/30/10. Board granted approval of the receipt of the monthly report on Change Orders reviewed by the County Administrator's Office. Board granted approval and authorized execution an updated Business Associate Agreement between Monroe County and Horizon Health EAP Services. Board granted approval of the updated Business Associate Agreement between Monroe County and Wells Fargo. Board granted approval to send a letter of interest to the City of Lantana in support of their application to the Environmental Protection Agency for the Climate Showcase Communities Grant. 130 Board granted approval to spend District 1, District 3 and District 4 Fire and Ambulance Impact Fees to install 23 fire hydrants at strategic locations in the areas of unincorporated Monroe County and issue a Purchase Order to I.A. LaRocco Enterprises, Inc. for the same, Board granted approval acting as Plan Administrator of the Length of Service Award Plan (LOSAP) to begin 10-year disbursement of funds to one eligible participant, with a monthly benefit of$180.00 commencing August 1, 2010. Board adopted the following Resolution authorizing the transfer of a Ford Explorer, County H) 1419-5655, fro m the per Keys Health Care Taxing District in return for payment in the amount of$12,375.00 from Monroe County Fire and Ambulance District I funds; and authorization for the Division Director, Monroe County Emergency Services ire Rescue to execute all necessary paperwork, including but not limited to, the Monroe County Fixed Asset Transfer Form. RESOLUTION NO. 195-2010 Said Resolution in incorporated herein by reference. Board adopted the following Resolutions concerning the Transfer of Funds and Resolutions for the Receipt of Unanticipated Revenue: Transfer of Funds (OMB Schedule It No. 1). RESOLUTION NO. 1%-2010 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule to No. 2). RESOLUTION NO. 197-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule to No. 3). RESOLUTION ® 198-2010 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule It No. 4). RESOLUTION NO. 199-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule It No. 5). RESOLUTION NO. 200-2010 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 6). RESOLUTION NO. 201-2010 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule to No. 7). RESOLUTION NO 202-2010 Said Resolution is incorporated® herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 8). RESOLUTION ® 203-2010 Said Resolution is incorporated herein by reference. Amending Resolution No. 459-2009 (OMB Schedule Item No. 9) RESOLUTION ® 204-2010 Said Resolution is incorporated herein by reference. Amending Resolution No. 460-2GO9 (OMB Schedule It No. 10) RESOLUTION NO. 205-2010 Said Resolution is incorporated herein by reference. Amending Resolution No. 009-2010 (OMB Schedule It No. 11) RESOLUTION NO. 206-2010 Said Resolution is incorporated herein by reference. Amending Resolution No. 010-2010 (OMB Schedule It No. 12) RESOLUTION NO. 207-2010 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 13) RESOLUTION NO. 208-2010 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule It No. 14). RESOLUTION NO. 209-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule It No. 15). RESOLUTION ® 210-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule It No. 16). RESOLUTION NO. 211-2010 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 17). RESOLUTION NO. 212-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule It No. 18). RESOLUTION ® 213-2010 Said Resolution is incorporated herein by reference. 132 Board adopted the following Resolution authorizing the submission of grant application to the Florida Department of Law Enforcement for the Edward Byrne Memorial Justice Assistance FY 2011 Grant(JAG) program based upon the recommendations of the Substance Abuse Policy Advisory Board and authorization for the County to execute application. RESOLUTION NO.214-2010 Said Resolution is incorporated herein by reference. Board granted authorization for the Mayor to execute the Edward Byrne Memorial Justice Assistance funding distribution letter with the Department of Law Enforcement for fiscal year 2011 (Oct. 1, 2010 through Sept. 30, 2011), whereby Monroe County agrees to the distribution of JAG program funds in the County. Board ratified acceptance of Public Transportation Supplemental Joint Participation Agreement Number Six with the Florida Department of Transportation for an additional $250,000.00 for Planning Studies for the Key West and Marathon Airports. Board granted approval to fund one half of the expense(not to exceed$5,000.00) for a bust of George Faraldo, to be placed in the New Terminal Building at the Key West Intemation Airport. Board granted approval and authorized execution of a Lease for rental space with Keren Adle n and Dani TobaIy, dba JET LAG ACCESSORIES, LLC, for rental space at the Key West International Airport. Board granted approval to pay an invoice for Emergency Roof Repairs at the Key West International Airport from Pearson Framing Contractors, Inc., required due to the replacement of an air conditioning unit located above the ground-level Conch Flyer Restaurant. Board granted approval and authorized execution of Amendment to Agreement with Stand Up for Animals, Inc. (SUFA) to operate the Big Pine Key and Marathon Animal Shelters for an additional ninety(90) days. Board granted approval to reject bids and re-advertise for Shade Structures for Lower Keys Parks. Board granted approval to reject bids and re-advertise for Park Irrigation Systems for three Lower Keys parks as follows: Bay Point, Big Pine Community, and Bernstein. Board granted approval to reject bids and re-advertise for Playground Equipment for Lower Keys Parks. Board granted approval to exercise the second renewal option and execute the Contract with U. S. Water Services Corporation for operation and maintenance of the wastewater treatment plant at the Marathon Government Center. 133 Board granted approval and authorized execution of a Lease Agreement with Early Learning Coalition of Miami-Dade/Monroe to provide office space at the Gato Building, 1100 Simonton Street, Key West, FL. Board granted approval and authorized execution of a Lease Agreement with the State of Florida Department of Health, Monroe County Health Department, to provide continued office space at the Gato Building, 1100 Simonton Street, Key West, FL. Board granted approval and authorized execution of a Lease Agreement with the State of Florida Department of Health, Monroe County Health Department, to provide continued office space at the Murray E. Nelson Government and Cultural Center, 102050 Overseas Highway, Key Largo, FL. Board granted approval and authorized execution of an Amendment to the Agreement between Monroe County and Weathertrol Maintenance Corp. for central air conditioning maintenance and repair for Lower Keys facilities. Board granted approval to award bid and execute Contract for unleaded gasoline and diesel fuel to the second lowest bidder Dion Oil Company, LLC. Board granted approval and authorized execution of purchase from AT&T Quote# 321270739 "Schedule for the Purchase of Equipment and/or Services" for telephone equipment and services to upgrade the telephone switching systems in the Marathon Government Center and the Plantation Key Courthouse to a highly available core switch and to upgrade equipment for other smaller sites in Marathon. TOURJIST DEVELOPMENT COUNCIL Board granted approval of an Agreement with Monroe Council of the Arts Corporation, d/b/a Florida Keys Council of the Arts to provide funding to supplement costs of tourist related programs. Board granted approval to utilize$500,000 TDC Emergency Contingency Funds to address the impacts of BP oil spill. Board granted Approval to revise TDC Operations Manual "Acceptable Event Marketing Expense" Policy. Board granted Approval of the 2010/2011 Monroe County Tourist Development Counci 1 Marketing Plan. Board granted approval of an Amendment to Agreement to revise Exhibit A with Key West Players, Inc. covering the Stage Repair and Rigging Renovation at the Waterfront Playhouse in an amount not to exceed $25,000, DAC I, FY 2010 Capital Resources. 134 Board granted Approval of an amendment to Agreement with Upper Keys Business Group, Inc. to revise to of event to April 23-June 12, 2010 for the Key Largo Conch Republic Days event. DIVISION OF GROWTH MANAGEMENT Board adopted the following Resolution setting the date, time and place fora public hearing of a proposed abandonment of a portion of State Road 905/County Road 905, Harbor Course Subdivision Section 1, Ocean Reef Plat 13, North Key Largo. RESOLUTION NO. 215-2010 Said Resolution is incorporated herein by reference. Board adopted the following Resolution setting the date, time and place fora public hearing of a proposed abandonment of a portion of Cabrera Street, South Creek Village Subdivision, Key Largo. RESOLUTION NO. 216-2010 Said Resolution is incorporated herein by reference. Board granted approval of a request for the full refund of$1,778.00 for the road abandonment petition fee for F. Albert Zamacona, 27285 Mariposa Road, Ramrod Key(File No. 28097). Board granted approval of a partial release of Lease No. 4549, a land management lease between Monroe County and the Board of Trustees of the Internal Improvement Fund of the State of Florida (BOT). Board granted approval of Commencement Date Agreement as part of the lease between Monroe County and Habitat for Humanity of the Middle Keys community Land Trust, Inc. for property located at 1007 75th Street in Marathon (RE#00343090-000000). TAX COLLECTOR Board granted approval of the recap of the 2009 tax roll and the list of errors and insolvencies for the 2009 tax roll, and approval to extend the 2010 tax roll is extended and the bills be mailed prior to completion of Value Adjustment Board Hearings. COMMISSIONERS' ITEMS Board granted approval of Mayor Murphy's item to advertise for the reconsideration of Administrative Relief for Triple J Investments Inc. on Lot 23, Block 3, Ocean Park Village, Key Largo, Real Estate Number 004460 10.000000. Board granted approval of Commissioner Carruthers' item to reappoint Steve Torrence to the Monroe County Human Services Advisory Board. The Board granted approval of the appointment of Dr. Lesley Salinero to the Human Services Advisory Board Working Group. Board granted approval of Commissioner Wigington's reappointment of Alexsandra Leto to Human Services Advisory Board. Board granted approval of the appointed of Josh Mothner to the Human Services Advisory Board(HSAB) Working Committee. COUNTY CLERK P2 Board granted official approval of the BOCC minutes from the Special BOCC meeting held on May 11, 2010 and Regular meeting held on May 19, 2010. P3 Board granted approval of the following Warrants: (105505 - 105608 and 552347 - 1 ) General Fund (001), in the amount of$1,746,106.34; Fine & Forfeiture Fund (101), in the amount of$3,106,363.34; Road and Bridge Fund(102), in the amount of$49,646.90; TDC District Two Penny (115), in the amount of$232,022.91; TDC Admin. & Promo 2 Cent (116), in the amount of$378,989.20; TDC District 1,3 Cent(117), in the amount of $407,454.08; TDC District 2,3 Cent(118), in the amount of$27,634.49; TDC District 3,3 Cent(119), in the amount of$174,801.80; TDC District 4,3 Cent (120), in the amount of $97,449.89; TDC District 5,3 Cent (121), in the amount of$113,912.96; Gov. Fund Type Grants (125), in the amount of$569,642.06; Fire &Amb District 1 L&M Keys (141), in the amount of$217,506.3 1; Upper Keys Health Care(144), in the amount of$9,546.48; Uninc Svc Dist Parks &Rec(147), in the amount of$48,060.6 1; Plan,Build, Zoning(148), in the amount of$142,088.37; Municipal Policing(149), in the amount of$460,985.70; 911 Enhancement Fee(150), in the amount of$88,405.30; Duck Key Security(152), in the amount of$3,968.00; Local Housing Assistance(153), in the amount of$309,955.00; Boating Improvement Fund (157), in the amount of$64,644.26; N 'sc. Special Revenue Fund(158), in the amount of$89,616.54; Environmental Restoration (160), in the amount of$10,540.60; Drug Abuse Trust(164), in the amount of$3,820.59; Building Fund (180), in the amount of $15,022.56; 1 Cent Infra Surtax(304), in the amount of$867.96; Infr Sis Srtx:Rev Bds2OO7 (308), in the amount of$5,113.63; Duck Key Wastewater(311), in the amount of$252,843.64; Card Sound Bridge(401), in the amount of$4,396.00; Marathon Airport(403), in the amount of$19,335.93; Key West Intl. Airport(404), in the amount of$502,823,38; KW AIP Series 2006 Bonds (405), in the amount of$216,745.59; PFC & Oper Restrictions (406), in the amount of$61,035.80; MSD Solid Waste (414), in the amount of$.1,68. 4,377.91; Worker's Compensation (501), in the amount of$16,197.77; Group Insurance Fund (502), in the amount of$244,012.72; Risk Management Fund (503), in the amount of$152,664.29; Fleet Management Fund (504), in the amount of$98,921.19; Fire&EMS LOSAP Trust Fund (610), in the amount of$1,635.00. P4 Board granted approval of TDC expenditures for the month of June, 2010: Advertising, in the amount of$914,022.03; Bricks & Mortar/Interlocal Projects, in the amount of $123,174.24; Visitor Information Services, in the amount of$17,956.00; Events, in the amount of$83,550.75; Office Supplies & Oper Costs, in the amount of$23,998.65; Personal Services, 136 in the amount of$67,135.94; Public Relations, in the amount of$92,212.57; Sales & Marketing, in the amount of$81,170.18; Telephone & Utilities, in the amount of$19,475.56; Travel, in the amount of$9,324.41. Board granted approval to remove surplus equipment from inventory via disposal or advertise for bid. COUNTY ADMINISTRATOR Board granted approval and authorized execution of a Professional Services Agreement between Floridian Partners, LLC under the Exception to the competitive bidding process as set out in Chapter 4B of County Purchasing Policy for consulting services, including lobbying, for a one-year to retroactive to July 19, 2010 through July 18, 2011. COUNTY ATTORNEY Board granted approval to issue a PO for 60 month lease with Xerox fora W5675PT Copier and a Xerox MFP856)DI Multifunction Color Phaser to replace the Xerox WCP3545. Board granted approval of an Assignment and Assumption of Lease No. 3783 to Islamorada, Village of Islands for area known as Anne's each. Board granted approval of approval to advertise a Public Hearing to consider adoption of an ordinance amending Monroe County Code, Section 4-46 to provide clarification to allow citations to be issued to persons other than owner(s) or keeper(s) of animals. Motion carried unanimously. FIRE & AMBULANCE DISTRICT I BOARD OF GOVERNORS FIRE & AMBULANCE DISTRICT 1 BOARD OF GOVERNORS The Board of Governors for the Fire and Ambulance District I convened. Present and answering to roll call were Commissioner Heather Carruthers, Mayor Sylvia Murphy, Commissioner Kim Wigington, and City of Layton Councilman Clark Snow. City of Layton Mayor Norman Anderson was absent. James Callahan, Fire Chief discussed the matter. Motion was made by Councilman Snow and seconded by Commissioner Carruthers to adopt the following Resolution of the Board of Governors, Fire and Ambulance District I of Monroe County, Florida authorizing payment of $12,375.00 to the Upper Keys Health Care Taxing District in return for use and possession of a For Explorer, County ID 1419-5655; and authorization for the Division Director, Monroe 137 County Emergency Services/Fire Rescue to execute all necessary paperwork, including but not limited to, the Monroe County Fixed Asset Transfer Form. Motion carried unanimously. RESOLUTION NO. 7- Said Resolution is incorporated herein by reference. There being no further business, the meeting of the Board of Governors for the Fire and Ambulance District 1, was adjourned. The Board of County Commissioners meeting reconvened with all Commissioners present. COUNTY ADARNISTRATOR The Board discussed action regarding the proposal submitted to Key Colony Beach for Monroe County Fire Rescue to provide fire and emergency medical services (EMS)to the City of Key Colony each in response to their request for said proposal. James Callahan, Fire Chief discussed the matter. The following individuals addressed the Board: Key Colony Beach Commissioners Mary Schmidt and John De Neale. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Neugent granting approval of the item. Roll call vote was unanimous. Commissioner DiGennaro excused himself from the meeting. NUSCELLANEOUS BULK APPROVALS The Board discussed the approval to renew the Airport Liability Insurance with Ace Property Casualty Insurance Company through Arthur J. Gallagher. Teresa A ar,Employee Services Director discussed the matter. After discussion, motion was made by Commissioner Neu gent and seconded by Commissioner Wigington granting approval of the item. Motion carried unanimously. Commissioner DiGennaro returned to the meeting and took his seat. The Board discussed awarding bid and executing a Contract with Jayne's Cleaning Service for janitorial services at the Key West International Airport, and approval for Jayne's Cleaning Service to commence services beginning August 1, 20 10. Peter Horton, Airport Director discussed the matter. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Wigington granting approval of the it Motion carried unanimously. The Board discussed approval of a revision to the Health Insurance Plan Document as proposed by the Health Benefits Volunteer and Recommendations Team to become effective August 1, 20 10. Said document is incorporated herein by reference. The following individual 16) 138 addressed the Board: Louis LaTorre. Teresa Aguiar, Employee Services Director and Roman Gastesi, County Administrator discussed the matter. After discussion,motion was made by Commissioner DiGennaro and seconded by Conunissioner Neugent granting approval of the item. Motion carried unanimously. PROJECT MANAGEMENT Jerry Barnett, Director -Project Management introduced William P. Horn, Architect P.A. who made a presentation on the status and design of the Higgs each Park Master Plan. The following individuals addressed the Board: Key West City Conunissioner Teri Johnston, representing the City of Key West and Michael Behrnke, Chairperson -Friends of Higgs each. No official action was taken. MISCELLANEOUS BULK APPROVALS The Board discussed Task Order PW-M AC-001 with MACTEC Engineering and Consulting, Inc. for providing facility asset management products and services to assist Public Works with implementation of an engineering-based, IT-enable facility management program. Dent Pierce, Public Works Director and Bob Stone,Facilities Maintenance Director- Middle Keys discussed the matter. After discussion, motion was made by Conunissioner Carruthers and seconded by Commissioner Wigington granting approval of the item. Motion carried unanimously. The Board discussed the award bid to Hammerhead Termite Control for ftunigation services at the Monroe County Courthouse, Key West,Florida. Dent Pierce,Public Works Director discussed the matter. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Wigington granting approval and authorizing execution of the contract. Motion carried unanimous. The Board discussed the award bid to ebon Air Mechanical, Inc. for central air conditioning maintenance and repair for County facilities in the lower keys. The following individual addressed the Board: Brandon Dimando, Esq.,representing Weathertrol Maintenance Company. John in ,Facilities Maintenance Senior Director - Lower Keys and Suzanne Hutton, County Attorney discussed the matter. After discussion, motion was made by Conunissioner DiGennaro and seconded by Commissioner Neugent to re-bid the item. Roll call vote was taken with the following results: Conunissioner Carruthers No Commissioner DiGennaro Yes Commissioner Neugent Yes Commissioner Wigington No Mayor Murphy Yes Motion carried. Motion was made by Commissioner Carruthers and seconded by Commissioner Wigington extending the current contract with Weathertrol on a month-to-month basis. Motion carried unanimously. 139 Motion was made by Commissioner DiGennaro and seconded by Commissioner Neugent granting approval of the following two (2) items: Resolution to adopt tentative residential solid waste collection, disposal, and recycling rates for Fiscal Year 20 10/11. RESOLUTION NO. 218-2010 Said Resolution is incorporated herein by reference. Resolution to adopt tentative solid waste collection, disposal, and recycling rates for commercial waste generators for Fiscal Year 2010/11. RESOLUTION NO.219-2010 Said Resolution is incorporated herein by reference. Motion carried unanimously. STAFF REPORTS Project Management- Jerry Barnett, Director reported to the Board on the status of the Stock Island Fire Station and the transition plan for the Americans Disability Act (ADA). Public Works - Dent Pierce, Director reported to the Board concerning the lack of debris staging sites in the County. COMMISSIONERS' ITEMS The Board discussed Commissioner Carruthers' item regarding the tolling of USI as an alternative funding source for County infrastructure projects, including as a possible alternative for meeting our wastewater mandate. After discussion, motion was made Commissioner Carruthers and seconded by Commissioner Neugent directing Staff to investigate and research the practicality and ability to establish a toll on the Monroe County end of the 18 Mile Stretch that would allow us to fund additional infrastructure issues related to sea level rise and meeting our wastewater mandate. Motion carried unanimously. Roman Gastesi, County Administrator and Suzanne Hutton, County Attorney discussed the matter. The following individual addressed the Board: Jackie Harder. COUNTY ADMINISTRATOR Roman Gastesi, County Administrator referred the Board to the written County Divisions' Monthly Activity Report for June, 20 10. COUNTY ATTORNEY Suzanne Hutton, County Attorney updated the Board on the following matters: An Opinion was received from the 3rd District Court of Appeals concerning the Carter case where 140 the County was successful; Invoices were sent to municipalities who pledged to pay for the windstorm insurance challenge; Ms. Hutton requested direction from the Board to consider outside counsel as her office has concluded that if there is more than a minimal amount of claim against British Petroleum which needs to be made, the County Attorney's Office probably is not in a position to litigate with BP. Mr. Gastesi indicated that representatives from BP would be meeting with the County and all of the municipalities concerning reimbursement. The Board discussed an Estoppel Certificate regarding the Ground Lease between Monroe County and Overseas Redevelopment Company, LLC and the Revised Sub- Lease Agreement between Overseas Redevelopment Company, LLC and Flagler Village Limited Partnership, Ltd. and Monroe County, FL for an affordable housing project. Suzanne Hutton, County Attorney discussed the matter. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner DiGennaro granting approval and authorizing execution of the Estoppel Certificate. Motion carried unanimously. WASTEWATER ISSUES Liz Wood, Sr. Administrator Wastewater Projects referred the Board to the written Engineering Division Wastewater Projects, June 2010 Status Report- dated July 21, 2010. Ms. Wood also provided an update to an amendment to the Interlocal Agreement for the construction of the collection system portion for the Duck Key Regional Wastewater System scheduled to be brought before the BOCC at the August meeting. The Board discussed approval of a Third Amendment to the June 21, 20 terlocal Agreement (ILA) with the Florida Keys Aqueduct Authority(FKAA) for the Big Coppitt Regional Wastewater System revising the County Funding portion to $37,000,000 and immediately appropriating those funds which have been duly approved for the estimated costs of administration, planning and construction of the Big Coppitt Regional Wastewater Project. Liz Wood, Sr. Administrator Wastewater Projects discussed the matter. The following individuals addressed the Board: Ron Miller and Deb Curlee, representing Last Stand. Suzanne Hutton, County Attorney and James Reynolds, Executive Director of Florida Keys Aqueduct Authority also discussed the matter. During discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Wigington requesting that a letter be written to the FKAA, copying the Department of Community Affairs, that the Board of County Commissioners as a body are not happy with their elimination of the Environmental Policy Rule. Roll call vote was unanimous. Motion was then made by Commissioner Carruthers and seconded by Commissioner DiGennaro granting approval and authorizing execution of the Third Amendment to the June 21, 2006 Interlocal Agreement (LA) with the Florida Keys Aqueduct Authority (FAA)for the Big Coppitt Regional Wastewater System. Motion carried unanimously. STAFF REPORTS Growth Management - Mayor Murphy inquired as to the appropriate time when she or the Board could suggest the creation of a Future Land Use Designation for the two (2) items that were withdrawn from the agenda at the owner's request: '13 141 Agenda item T2 concerning a Resolution to transmit to the Florida Department of Community Affairs (DCA) an Amendment to the Monroe County Year 2010 Comprehensive Plan, creating Goal 107, Objective 107.1, and Policy 107.1.1 that establishes a Sub Area Policy for Wisteria Island; and Agenda item T3 concerning a Resolution to transmit to the Florida Department of Community Affairs (DCA) an Amendment to the Monroe County 2010 Comprehensive Plan Future Land Use Map(FLUM) amending the FLUM designation from Undesignated to Mixed Use Commercial (MC) for Wisteria Island. Suzanne Hutton, County Attorney and Christine Hurley, Growth Management Director discussed the matter. After discussion, motion was made by Commissioner Wigington and seconded by Commissioner Neugent that the above matter be designated as Residential Conservation (RCA). After consideration, the motion was withdrawn by the maker with the second accepting. Motion was then made by Commissioner Wigington and seconded by Commissioner DiGennaro requesting that Staff bring back to the Board a designation. Motion carried unanimously. SOUNDING BOARD John November, representing Citizens Not Serfs, addressed the Board in regards to the end of the pilot program in November; the proposed revitalization of Monroe County's image; and pathways towards local policies that are more conducive to Keys homeowners. The Board took no official action. COMMISSIONERS' ITEMS The Board discussed Commissioner DiGennaro's item for a proposed amendment to Monroe County Land Development Code and/or Comprehensive Plan to add additional protection to established height limit by requiring a voter referendum prior to seeking an amendment to allow an increase in height, and direction to legal staff to research the constitutionality and enforceability of a referendum requirement. The following individual addressed the Board: John November, representing Citizens Not Serfs. Christine Hurley and Suzanne Hutton, County Attomey discussed the matter. The item was referred to the Growth Management Director. COUNTY ADMINISTRATOR The Board discussed approval of a Resolution requesting that the Navy utilize the F-14 Aircraft Operation- in affect prior to the F-18 Super Hornet - as the baseline for the upcoming Environmental Impact Statement. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner DiGennaro to adopt the following Resolution, as revised. Motion carried unanimously. RESOLUTION NO. 220-2010 Said Resolution is incorporated herein by reference. PUBLIC HEARINGS 142 A Public Hearing was held to consider adoption of a Resolution fora Budget Amendment of Fiscal Year 2010 Affordable Housing Program Fund 100. There was no public input. Motion was made by Commissioner Neu gent and seconded by Mayor Murphy to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO.222-2010 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider adoption of an Ordinance amending Section 23- 76, MCC, adding specific language regarding "mobile business first time" for clarification. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner DiGennaro granting approval of Staff Recommendation to adopt the Ordinance. Motion carried unanimously. ORDINANCE NO.024-2010 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider adoption of an Ordinance to amend sections of Chapters 19 and 25 of the Monroe County Code to clarify prohibited uses of County rights-of- way and provide limitations on appeals processes, additional enforcement measures, penalties and increased fees for permits. There was no public input. Motion was made by Commissioner Neu et and seconded by Commissioner DiGennaro to continue the item to the August 18, 2010 Board of County Commissioner's meeting in Key Largo at 3:00 P.M. Motion carried unanimously. A Public Hearing was held to provide for the repeal of Ordinance No. 011-2010 regarding registration of lobbyists. The Board accepted public input with the following individuals addressing the Board: John November,representing Citizens Not Serfs; on Miller and Russell Yagel. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Neu gent to table the item to the August 18, 2010 meeting. Motion carried unanimously. COUNTY ATTORNEY The Board discussed a request by Property Owner Rebecca New for farther reduction of fines in Code Enforcement Case CE09080129. The fines total $42,700.00. Costs total $325.74. Attorney Lee Rohe, representing Rebecca Newman, addressed the Board. Lisa Grainger, Assistant County Attorney discussed the matter. Rebecca New Braden,Property Owner also addressed the Board. After discussion, motion was made by Commissioner Wigington and seconded by Commissioner DiGennaro to reduce the fine to $2,500 and include the $325.74 total cost,for a reduction to$2,825. Motion carried unanimously. Suzanne Hutton, County Attorney and Roman Gastesi, County Administrator discussed with the Board their auto allowances in order to have it attributable to the Florida Retirement Systems calculations. After discussion, motion was made by Commissioner DiGennaro and seconded by Mayor Murphy to reform the employee contracts with all of the former County 143 Administrators and County Attorneys who have had auto allowances -James Roberts, Tom Willi, Randy Ludacer, James Hendrick, and Richard Collins. Motion carried unanimously. PUBLIC HEARING A Public Hearing was held to consider a Resolution to transmit to the Florida Department of Co ity Affairs an amendment to Policy 10 1.2.6 of the Monroe County 20 10 Comprehensive Plan Future Land Use Element to extend the moratorium of new transient residential unites until December 31, 2011. There was no public input. Motion was made by Commissioner Wigington and seconded by Commissioner Carruthers to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 221-2010 Said Resolution is incorporated herein by reference. There being no further business, the meeting of the Board of County Commissioners adjourned. Danny L. Kolhage, Clerk and ex-officio Clerk to the Board of County Commissioners Monroe County, Florida Isabel C. DeSantis,Deputy Clerk ke EX, 191T MEMORANDUM MONROE COUNTY PLAMNMG&ENviRoNmwTAL RESOURCES DEPARTMENT We sh*e to be earingprofesdonal andfair To. Planning Commission From: Tiffany Stankiewicz,Development Administmw Through: Townsley Schwab, Sr. Director of Planning&Environmental Resources Date: September 27,2010 Subject: Residential Dwelling Unit Evaluation Report for Big Pine/No Name Key Subarea Applicants 3 through 44 for Quarter 4,Year 18 Meeting Date: September 8, 2010 continued to September 22, 2010; continued to Ocober 6,2010 I This report has been prepared pum=t to Section 138-26 of the Land Development Regulations 2 (LDRs). The proposed residential dwelling unit ranidngs (Big PineJNo Name Key Subarea) for 3 applicants three (3) through forty-four (44) attached to this report are for the fourth quarter of 4 year eighteen which covers the period April 13, 2010, through July 12,2010. 5 6 7 8 The public hearing for the Big PineNo Name Keys Subarea ROGO allocation and ranking 9 determination was continued by the Planning Commission from September 8, 2010,to lot Banks 10 Prev att present information on behalf of Mr. John Akins regarding flood zone scoring corrections I I for properties identified by real estate numbers 00310220.000000, 00310240.000000, 12 00310280.000000,00310260.000000. 13 14 A. HISTORY OF XM&A .ZC�ATTQ�NS- 15 16 On March 3 0, 2010, the applicant John K. Akins, filed an appeal to the Board of County 17 Commissioners about the reduction of ROGO points and the rankings approved by the 18 Planning Commission March 10, 2010 under Resolution 04-10 which affected his four 19 ROGO Applications. The subject parcels and applications are under the ownership of John Akins, John W. and Glenda Akins. The appeal is based on the original incorrect scoring 21 of the properties as being in an AE flood zone when the properties are, in fact, in a VE flood 22 zone(4 points). 23 24 Monroe County Code Section 138-1, A92ga—Is states that an appeal from the decision of the 25 Planning Commission on a ROGO allocation shall be made to the Board of County page I 0f8 I Commissioners within 20 days of the Planningo i ion's decision. The Ming of an 2 appeal does not stay either the action of the Planning commissionor the action of the Planningtor. This appeal of the approved `n b y the Planning Commission from March1 , 20 10 was filedin a timely manner. However, t reductionschanges occurred in June 10, 2009 by PlanningCommission Resolution -0 . The Coe does not specify that the appeal must follow after any specific quarterly Originallyto schedule the appeal at the June 2010 Board of County 10 CommissionersHowever, prior to the agenda deadline, Mr. Prevatt requestedt 1 the matter be heardt the July 21, 2010, Board 'c request was granted. July 12 20, 2010, Lee Rohe, Esquire, requested the appeal be deferred 13 the Board of CountyCommissioners. a applicants decided to defer the appeal in order to 14 first present their objections to the Planningo i ion since applicants 15 testimony t their application at any public hearing concerning 16 Rohe no longer represents Mr. Akins in this matter) 17 18 Since the scoring correction, 1 o sion has reviewed v 5 quarterly19 e scoring corrections. applicant nor authorized agent20 where t at these public hearings. The last approved quarterly 21 all applicants for Big PineINo Name Key subarea were on June 2010. 22 24 25 Applications and Ldo : 26 27 1) Building Permit Application&ROGO Application: #07100486 28 Legal Description: Lots 21 and 2 ,Block 1,Doctors Arm Subdivision,Big Pine ,Florida ' 29 o 30 Real Estate Number 00310220.000000 1 32 ) Building Permit Application&ROGO Application: #07100479 33 Legal Description: Lot 23 and SLY 26 R Lot 2 , Block 1, Doctors Arm Subdivision, 34 Big Pine Key,Monroe County,Florida 35 Real Estate 00310240.000000 36 37 3) Building Permit Application &ROGO Application: #07100485 38 Legal Description: Lot 27 and NLY 51 R Lot 26,Block 1, Doctors Arm Subdivision, 39 Big Pine Key,Monroe County,Florida 40 Real Estate Number: 00310280.000000 1 42 4) Building Permit Application&ROGO Application: #07100483 43 Legal Description: Lot 25 and SLY 17 R Lot , Block 1,Doctors Arm Subdivision, 44 Big Pine Key,Monroe County,Florida Number-45 Real Estate 31020.0 46 Page 2 of 8 1 : John K.Akins,John W.and Glendas Agent: Banks Prevatt 4 Land Use District: Commercial i Special is °ct( S -8) 5 Future Land e Designation: Mixed Use/CommercialFishing C Subarea: Big Pine o Name Key Tier Desi ra ion: Tier Z �J I I i ' - • tt�r�ira,.rr,-„ , ��1/�u "�- ��° 1, °,,`.� Sabject Properties(outlined{n blue}(2009) 10 White line shows separation of the AE Flood Zone and VE Flood Zone 12087CI328K h the Flood Insurimce Rate Map Number 13 C. RELEVANT 1 15 rMe chart below shows a chronology of application submittal dates (Buildingt 16 Applications to ROGO Applications), tion of flood zone information provi 17 Building Application Plan submittals, survey submitWs showing zone information, 18 approximate date of scoring ermr discovery, scoring error notification to applicants' address 19 of record, l Commission oltio indicating scoring error corrections. s -Appfic tion No. 0710 0710 77107100479 Real to No. 00310220.000000 00310280,000000 00310260 000 00310240A0000 Building Application Jan.31,2007 Jan.31,2007 Jan.31,2007 Jan.31,2007 Date As submitted a Pre Tier System minus Pre'liar System minus Pre Tier System minus Pre Tim System minus applicants the 1 for AE Flood Zone 6 for VE flood zone 6 for VE flood e 6 for VE Ilood zone Building Plus Indicated zone deductlop points Survey from Survey indicated Entire in VE Fmdre property in VE Entire in VE Lawrence P. Frank majority of in zone. zone, zone. dated Dec. d, 2006 AE Zone and a ssmaafl Indicated roe Ltty Portion in the VE flood Page 3of8 flood zone. zone (survey error discovered in 2009 ,proposed residence in the VEZone). Building Department Reviewed for AE zone Reviewed for VE zone Reviewed fear VE zone Reviewed for VE zone reviewed plans for construction. construction construction construction AVVE Zone construction. Building Department May 30,2007 June 6,2007 June 6,2007 1 FJune 6,2007 forwarded application to Planning to contact applicant to enter ROGO. Date ROGO June 12,2007 June 12,2007 June 12,2007 June 12,2007 Application ffubmltted Initial Bowing of ROGO Applicatiauti ROGO Application ROGO Application ROGO Application ROGO Application scored as if in AE scored as if in AE scored as if in AE scored as if in AE for Quarter that Zone (as indicated by Zone(scored in error) Tone( in } Zone(s in error) -closedJul 7. or Scoring Error Early April 2009,post Early April 2009, post Early April 2009, post Early April 2009, post dbeovered Tier System should Tier System should Tier System should 'Tier System should have indicated -4 have indicated -4 have indicated -4 have indicated .4 rota points 22ints points Date cerdfled letter April 27,2009 April 27,2009 April 27,2009 April 27,2009 t regarding scoring error Date return receipt May 15,2009 May 15,2009 May 15,2009 May 15,2009 was signed ROGO Rankings Planning Commission Planning Commission Plaerring Commission Planning Commission Quarter 3 Yr 17 Approved Resolution Approved Resolution Approved Iution Approved Resolution Indicated scoring P23-09,June 10,2009 P23-09,June 10,2009 P23-09,June 10,2009 P23-09,June 10,2009 correction ROGO Rankings Planning Commission Planning Commission Planning Commission Planning Commission Quarter 4 Yr 17 still Approved Resolution Approved Resolution Approved Resolution Approved Resolution referenced the P42-09,Sept 2,2009 P42-09,Sept 2,2009 P42-09,Sept.2,2009 P42-09,Sept 2,2009 scorinLF correction ROGO Rankings Planning Commission Planning Commission Planning Commission Planning Commission Quarter l Yr 18 Approved Resolution Approved Resolution Approved Resolution Approved Resolution continued with P55-09,Dec. 15,2009 P55-09,Dec. 15,2009 P55-09,Dec. I5,2009 P55-09,Dec, I5,2009 correct points ROGO Rankings Planning Commission Planning Commission Planning Commission Planning Commission Quarter 2 Yr 18 Approved Resolution Approved Resolution Approved Resolution Approved Resolution continued with PO4-10, March. 10, PO4-10, March I0, PO4-10, March 10, PO4-10, March 10, correct points 2010 2010 20I0 2010 ROGO Rankings Planning Commission Planning Commission Planning Commission Planning ion Quarter 3 Yr 18 Approved Resolution Approved Resolution Approval Resolution Approved Resolution continued with P 10-10,June 9,2010 P I 0-10,June 9,2010 P 10-10,Jane 9,2010 P 10-10,June 9,2010 correct Points ROGO kings Planning Commission Planning Commission Planning Commission Planning CoMttii$sion Quarter 4 Yr 18 continued the review continued the review continued the review continued the review continued with of Big Pine/No Name of Big Pine/No Name of Big Pine/No Name of Big Pine/No Name correct points Key Subarea to Key Subarea to Key Subarea to Key Subarea to September 22, 2010, September 22, 2010. September 22, 20I0. September 22, 2010. Resolution 24-IO 1 Resolution 24-10 Resolution 24-10 Resolution 24-I0 approved allocations approved allocations approved allocations approved allocations for applicants 1-2 and for applicants 1-2 and for applicants 1-2 and for applicants 1-2 and continued applications continued applications continued applications continued applications 3 - 44 to October 6, 3 - 44 to October 6, 3 - 44 to October 6, 3 - 44 to October 6, 20Y0. 2010. 20Y0. 2010. Page of B w . 1 e above chart shows the pertinentinformation the initial o e our 3 applications to the Building Department. Three applications contained information on the building l e showing the properties located in the VE flood zone, while one 5 set of building l e survey incorrectly showed the property located Flood Zone. When the Applicants subsequently entered ROGO in June 2007, staff incorrectly 7 scored e applications without a VE flood zone deduction of four points pursuant to tier ordinance criteria. The errors were discoveredwhen staff researched e applications based on information o applicant, received y the Planning Department regarding point 10 deductions for the VE flood zone. One of the four li ti s was scored in errorb on 11 an incorrectsurvey, °c discovered y staff after examining e Flood Insurance Rate 12 ap (see map in the Section B above which shows the property boundaries 13 Flood e line). 1 15 On April 27, 2009, the Applicants were sent a certified letter to the address of record 16 regarding the scoring error. A signed receipt dated May 15, 2009 was returned to 17 e Planning Department. Subsequently, the scoring coffectionsfor these applications were 18 identified e approved ROGO rankings, which are available in the Planning Department 19 and on the County web site. From the information in e foregoing e rankings were 20 adjustedn t five quarterly Planning Commission meetings and the applicants 21 did not appear before the Planning Commission. 23 D. REVIEW OF-APPLICLATION- 22 25 Mr. Akins is questioning the reduction of the ROGO points on the four applications 26 ove, However, e actual VE flood zone point change occurred when the Planning 7 Commission approvedquarterly rankings on June 1 ,2009(see Resolution -0 ). 2 29 In April of 2009 the Planning & Environmental 30 documentation (files, flood zone map, surveys, plans, c.) to determine if a scoring error 31 occurred by staff regarding the flood zone points. After the review, the Director determined 32 t scoring errors occurred on the four applications. ore, the applicants were sent o 3 certified 1 (Certified Mail Return Receipt 7006 215001 0488 11 1) dated April 27, 34 2009 regarding the flood zone scoring error, whichwas signed for on May 15, 2009. The 35 applicants were notified as soon as the error was discovered. 3 37 The Department was compelledto correct the error, in r e rights of other 3 of the applicants' odown 39 approximately 18 places. s prior to the corrections showed 40 ranked 22, 23, 24, & 25 and the next rankings with the corrections showed them at 40, 1 3. 2 3 Mr. Banks Prevatt came into the Planning Department ° November of 2009, requesting 44 information about these properties, which was prior to being an agent on the ROGO 45 applications. He later asked for information about . Appeal information was 46 provided. 1 , 2010, agent authorization was submitted. Page 5 of 8 1 2 The properties are located in the Big Pine/No Name Key ROGO Subarea. This subarea is 3 limited to 8 market rate allocations per year, allowing for 2 allocations per quarter,provided 4 there is enough mitigation to cover the H-value used for allocations. In the quarterly 5 rankings approved by the Planning Commission March 10, 2010, the two applicants who 6 received allocation awards each had 20 points and the subject applications of this appeal each 7 had 8 points, On June 9, 2010 the Planning Commission reviewed and approved another 8 quarterly ranking on Big Pine/No Name Key Subarea, which reflected the applicants V zone 9 scoring. 10 I I It should be not that these applications will be eligible for Administrative Relief after the 12 quarter closure of July 2011. From the closure of the 16th quarter, after the ROGO 13 application was made, the applicant will have 180 days to submit four Administrative Relief 14 Applications. 15 16 There is an alternate avenue available for the applicants to investigate regarding the VE flood 17 zone designation. Property owners may seek a Letter of Map Revision (LOMR) requesting a 18 revision showing their property is located in a different flood zone. There has been a 19 property in Doctors Arm that recently obtained a LOMR. The applicants may contact Diane 20 Bair, Special Projects/Floodplain Administrator fbr additional information regarding this 21 process. 22 23 As an aside, the applicants should contact the surveyor regarding the need for a corrected 24 survey and also, should contact the Monroe County Building Department regarding any 25 building plan corrections that may be required for the property identified with real estate 26 number 00310220.000000. 27 28 Staff concludes the scoring was correctly adjusted to reflect the VE flood point deduction. 29 However, if new evidence is submitted to show the properties are in the AE flood zone and 30 no portion of the structure is located in the VE flood zone, then the points could be positively 31 adjusted accordingly. 32 33 34 35 Monroe County Code Section 138-26 (c)(3): The basis for any planning commission changes in 36 the scoring or ranking of market rate applications shall be specified in the fbtm of a motion to 37 adopt the allocation rankings and may include the following: 38 39 a. An errorin the designation of the applicable subarea. 40 b. A mistake in the calculation of dedicated or aggregated lots/land. 41 C. A mistake in assignment of the tier map designation in the 42 application. Such a mistake in reading the tier designation in 43 applying points for the application, any change to the tier map 44 must go through the procedures for amendment of the tier map. 45 d. Any other administrative error or omission that may cam the 46 application to be incorrectly scored. Page 6 of 8 1 review of the Akins applicationso r was made by staff. Subsequently, staff correctedscoring to maintain the integrity of the ROGO scoring system. allows the PlanningCommission to adjust a score if the change is to correctly adjust the score. eapplicants' scores are correct; therefore, the scores cannotbadjusted to reflect 6 incorrect information or an inaccuracy in applicationsby staff to raise an applicant's score at the expense of others in the ROGO competition. It is the Planningo is 'o obligation to correct an error or an omission that may cause an incorrect score. 10 M ON11 12 A. Pursuant to Section 138-24 the number of annual allocationsavailable is 17. 1 14 B. Section1 - (c) allows any unused portionof affordableallocations 15 retained and rolledover to the next dwelling unit allocation 16 year. 17 C. Section 13 - a)( ) allows the Planning Commission to amend the affordable housing 18 proportions . 1 Section 13 - 7( ) limits administrative relief allocations per quarter. The numbero 1 allocations that may be awarded administrative relief in b 22 be no more than fifty percent(50%) of the total availableto allocations. 23 24 E. Section 1 - a ) limitsof allocationawards in Tier1. The annual 25 number of allocation awards i i 1 shall be limited O in the 26 Upper Keys and no more than three (3) in the Lower Keys. Bigo Name Key is 27 limited tot (1 ) allocations over year period or H=.022 whicheveris lower. 28 29 Below is s table trackingTier 1 allocations b / . Permit30 KEY Mg Number Tier AllocationY Pine.Subam Rig 27, (Ordimee o x Pine 03102303 lief 2 16 1 P` 77101361 Market Rate QIY17 o County CodeSection 1 - 5( Expiration of allocation a t as 33 provided for in s division, an allocation award shall expire when its corresponding 34 building pert is not picked up after sixty( ) days of notificationby certified mail o 35 the award or, after issuance of the building permit. 36 7 G. Mom-oeCounty Section 138-24 allows a total of 8 market rate allocationsyear for the J8 i o Name Key Subarea. Monroeo ty Coe Section 138-26 allows the 4ustment of residential 41 allocationst the end of each quarterlyallocation period of additionsor subtractions 42 the basic allocation available by subarea suchof dwellingt allocation 3 awards 14 t expired prior to the issuance of a corresponding building 't. Page 7 of 8 d I j MEMOMMAMMMM 4 The evaluation of the allocation applications was performed by the Planning & Environmental 5 Resources Department. Positive and negative points were granted in compliance with the 6 evaluation criteria contained in Section 138-28 of the LDRs for the Big Pine)No Name Key Sub- 7 areas. 8 9 If applications received identical scores, they were first ranked by date and time and ftuther 10 ranked based on the applicants with the fewest negative number of points on the same day. I I Please note that any excess allocations approved must be deducted from the next qumterly 12 allocation period pursuant to Monroe County Code Section 138-26(c). 13 ZWN - 16 Staff recommends the Planning commission approve the Market Rate rankings to Vplicants 17 ranked 3 through 44 for Quarter 4 Year 18. 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If you have any I quesU am contact me at 305-289-2513. Stankiewicz Sr. Planning Tack cc: Townsley Planning r� k I r� • I Rcl VA {o, ! aca IL Ir M rtr ru ba In +� 13 ® y w + i w•• r" a • __ I V ` 9 t � Qa goo j a a a ,a r }f N hp ------------------ "tell P Mirfill ru PI . -�-'-� ,q G1 CA, ©o© 61 ba M O ti 1 L LAND PLANWE-RS AY. . 36 Phone ( 07 FAX ( ) 1in U 0 I I E 1 Te.so. L.RAMA E A®iMALT iAVYY®YT ''.1� 1> ► "` 1 � I r r 11 rr I 1 r P . T T 1MONRaE 000Mf1Y,FiDRpA. 4VdV Awl ® ® IAwl i it Om am 1 r 1 1 ®100-00 O , I IWO 1� I UI 4�2�wo 1 All Gwp1UlEAs lOIJND NAYS NO fM"0014 F"REVMM SIIRKM as aWNM O CEPT AS sNOM * ►W M1 d AND DIMTAIICE$ARE 1RAWM M PLAT LMM angt1 a tW M * ND I A lls,FCIAE3A11 W OR UWM NAK GM IAC M 0R SI MM UMjSS 011iE RM MM um piummm TM WAMCM EASl11lME! RIfN}I8-a/-MYIY AM /01t lY 1 f. L Nat 1 T Ip 1 W. A A1I 10' &11 MAL F 1 P leTONOW1 T F P 8 T P W PRWW awT L pi. C. Pawl OF 0P81diwaC Po►pyre test 12/4/08 P.Q.B. Pawl OF Oi a AlF7i T -GF-tfi1Y "Aff.PA%MMT LAMM=P. 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N f f � N m PLANNING COAWSSION APPROVING THE RESIDEN77AL DwBLXjNG UNIT ALLOCATION ENDING APRIL I , 2009, PURSUANT TO SECT70N DirectorWHEREAS,the Sr meating held an June the Planning Commission a Residantial Dwelling Unit Allocation Byah"on Report daW ftmmml m0d00s regarding die Dwdling t Allocation.RaWdng RqWn ad I mmora"M entitled Residential Dwcflmg Unit Evaluation Repoi% Quarter 3 of Yaw I , fiun TOwmWeY Schwab, Sr. Director of Pluming Planningwhich repores findings of hat and cmd=ons of law this Commission adoptg by refavace,as its own;and 2 7U sworn tesdazony by the Mon=County Growth Management Divmon st4 and comments of John Wolk Esquire;-and WMMAS,the Pkmllng Commission,makes the following Findings of Fwt I. Based upon dw written testimony of Towndey Schwab, Dfivgor of • Dwening Units to applicants ranked one recommendation by the Sr. Dizector of Planning&Environmental Resources to M 1 of 3 2. Based upon the written testimony of Toww* Schwab, Sr. 17►hwor of Planning& MOMS!recamumdation,by the Sr. of Plarming&lInvimmental Resources to Want ( :and recommendation by the Sr. Director of Planning& Envimmental Rgpoureea to gmt Allocation Rankings in do Upper KAys subarea for Market Itift Dwelling Units tD (1 ` Based upon die wdtten t r000nimandation.by the r. Director of Allocation RanIcings in the Upper Keys { Rate Dwelling Units to applicants rwlwd one(1)through f4m(l ;and recommendation by the Sr. DirwAor of Planning&Favirmnental Resoumes to grant Mo 5. Based %= the written w6mony of Townsley Sdiwab, Sr. Director of planning & 6. Based IMPOn the written testimony of Townsley ScInvab, Sr. Director of planning zero (0) Allocafton Rankings for the Lower and Upper Kcys milism in the moderate income category for Affardabla Housing Dwdft Units;and 7 Based upon the wMen Wimony of Townsley Schwab, Sr Diracta of Phoning recommendation by the r. Director of Phoning&Environmental Resources to pw (0)Allocution Rankings for the Bit PinefNo Nme Krys BWM=in the very low, Directorlow,&medium income category for Affindable Housing Dweiling Unitr 8. Based upon the written testimony of Townsley Schwab, Sr. Director of planning recommendation by the Sr. of Planning&Havironniental Resources to pw zwo (0)Allocation.Rmikings for the Big Pine/No Name Keys subarea in the modem income mt%M for Affirdable HQudU9 Dwelling Units,and . . CNOW TEUDIF"RE BE IT RESOLVED BY PLANNDiG CONMUMON OF of i support die dwWon to APPROVE the Redd&dal Dwelling Unit Allocation Rankiqp for Qwter 3 Year 17 and as submitted by the Sr. Director of PlumiAg & Florida,at a rMularmeetinghold.on the 10thday . County, Market Rate CononlatonerHak MAKE WHIM AffDrdabla Housing 4cammwioner werfing CbmmbsiomwHak Monroeof C f r r O b r j j I I M III till 1111118" jp lips of trill IFFIFF Iry J fill 1111111'r It 1111 y • rub SYrs�wYlrYY IIYSsNr® sYY� pr w � � -------------------- ease OSYOsaYOssYa00saaaasaa 0 0 6 0 0 0 0 0 0 0 b O s s O b O 0 0 b O 0 0 0 0 6 0 b O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 b 0 y(yrrr O O b 0 0 0 0 0 0 O O O O O O O........Osseo 0 0 00 O b 0 0 0 0 0 6 b 0 0 0 N 0 0 0 0 0 0•O O O O O 6 O 0 0 0 0 0 0 b0 O O O O O O O O O b O 0 0 0 0 0 0 0 0 p'0 0 0 0 O O O O O O O O O O 0 0 0 0 0..................0........... 11 saiiAi�00sYossssaYY00YSOossossasssiasssOOSYYY 'MO......rKOObOwrf,rrr4rrrrr•�,..•.+MMNMwMNMYpMYYYpYrO !-� isOosYYss OS S S sOSOsassYYaOSYYssbsOa Ynwraas S : Ss`o'S== IIII 13IIIIIIIIti L i �t �9 i t « i s I -3' ,. e i s s K RESIDENTMLL DWELLING UNIT ALLOCA71ON JULY j , 2009, PURSUANT To SECnON 138-26 OF THE MONROE COUNTY CODE WEMBEASq i Planningthe Augast 2009,paisuant to to procedures outlined in Mmoe County Code,AmwA4 Sudan j '- WE00UW, the Monroe County 26;and review,meeting hold an Soplambier 2, 2009, conducted a public hewing to diwm, and make fimnal motions rqprdmg the Dwailling Unit Allocation Radring Report;and WH$R$AS,the Planning Commission was Pmlented with the following evidence: memrZO&M added Residential Dwelling Unit Evaluation Repoit Quarter 4 of Year Z , R650urm, to *0 Mama County Plowing jaw tWs Commission adopts by , aw refimmoo,a its own;Ed ® ' and comments of Sohn Wdl*Esquire,and 4. BasW Won thO written testimony of Townsley Schwab, Sr. Diream of plowing& Allocation Rankings in the Lower (LowedMddle) Koo subarea. A)r MWW Rue Dwdfing Units to Z ( ) Resolution 3 DirectorEnvizonmwtal the Planning Cammisgion hereby approves the reconmendation by the Sr.® Big Pine/No None Key wAm=for Nkkct Rgft Dwelling PlanningUnits to applicants ranked One(1)dmqb two (2);and I Band upon the Written tastimmy of Townsley Schwab, Sr Dkedor of planning & recommendation by the Sr. Dh=W of Planning&Bnvh=manW Resources to grant Allocation Rankings in the Upper Kays WbMM for Market Rate Dwd[ing Uints to 4. Based upon the Written ft9ftOnY of Townsley Schwab, St. Diredw of Plami*g& Environmental Rascurces, the Sr. Allocation RankmV M the Upper Kays (Administrative Ralwo mftm Ibr maft Raft Dwelling Units to apphoarits rarked one(1)through too(1q,and Director of planning & S. Sr. Affordablezew (0)Alloation Rankings for the IAww and Upper Keys sabares,m&a very low,&median income category for , Units;6. Based upn the written tedhamy of Tovais* Schwab, Sr. Dkoctor of planning & Environmental ROODUMOS, the Planning Commission hereby woves die 7 Band Won the written testimony of Townday Schwab, Sr Director of phnnnig &and zero(0)Allocation Rankings for dw Big PIndWo Name Keys mawft in the Vary low, low,&modian income category for Affm*Wo Housing Dwelling Units;and 8- Bwed WOn the written twt==Y of Townslay Schwab, Sr Director of Plaming& Sr.Environm=W Rnources, the Planning Commission hereby approves &0 recommendation by the Diream of ®zero(0)Allocation Rankings for the Big PhwNo No=KAp M&RM in the moderate income cdegoryffir I L33 FindingsNOW TiWRmpj&Be IF R98OLVED BY of Fad and COnchmiOns r • • jj� ` Ijmmtml Rewur0es' the ® of MOmc County ng Commission PASSICD AND ADOyM by c i Chakman I conodisioner Affordable Housing Co ff Hale Carireron � N "��"w. , . commusion CommW per Lustber$ 1 - ong n of RwdyW :nr t noon r r small a tit rMrr� M .rM op.a Mrr ny aa -rr-rr------r NN o` o* *ooaaooaao o`' o 0000*ao oo*o0aoo**o*aa*oaa oa cooaaooaaa000a0000a000aa000a000a000aooco aa00caoo0*caa0 M000 *o00aa00*0a0 000a*00a ' 0 0000000000000*00000000a co0Maco0a0000000*a a w amoccoocc00000coaccon000000000000000000000 a 000*6 0aa*000a0o0 0 0c000mocoacc 0000aooa ooaa000aaaoaaa000aaooaaaooa000aaoaaooaa000 000000000 coo comoome 0000 0000000000000000000 AIMMacao*000**0000000**00 *000a **00aa0 t *0oa++ar+r+rrrrrrraaNwroaurua 000 mail 0 as& a a 00 a a oo a o o a a a 00 a*M o ffi I' 'R p a I I, I' � +I i t I� i e a I I f i I f fil f i L I i i I 1 Laa� 9 r i w Y1 p I I I 3 PLANNING COMMISSION APPROVING AND HOLDING SOME ALLOCATIONS IN ABEYANCE FOR THE RESMENTIAL DWPIJMG UNIT ALLOCATION ROLLOVER TO THE MEKT RB13ULAR QUARTERLY EVALUATION PURSUANT TO SECTION 138-26 OF THE MONROE COUNTY CODE 90 Planning Commission a Residential DMUMS Unit Allocation Evakofilon Report,dad A RESOLUTION By THE MONROE COUNTY make fannal motions tagarding do Dwelling Unit Allocation Rn*ing Report;and no Memorandum entitled ResWential Dwdft Unit Evahadion Repast, Qu&TW WHEREAS,the phnning Commission was laagentad w#h the following evideum of which repores flndfqp of bd and condusiong of law " Commission adopts by nftrmw,as 10 own;and . . i ; Resources, and I. Based upon the written ustimmy of Townsley Schwab, Sr. Dhe=of planning & Envizatunwital Sr.recomnumdadon by the Albxwlon Rankings in the Lower (Lowed%liddle) Kays subs= for Market Rate Dwelling Units to VplicaM ranked one(1)through fixween (14); and 2, BwW upon the written testimony of Townsipy Schwab, Sr. Director of Pjwmu* recommendation by the Sr. Director of Planning&Environmental Resources to V= Allocation Rankings In ft Big Ph=% Name Key subsrea for Market Rate Dwelling Units to applicants ranked one(1)dwough two );and Resolution 3. Based upon tho written testimony of Townslay Schwab. Sr. DhacW of Plamdag& Rviromuental Resmaes, the Planning Commission. hereby approves dw oscommendedon by the Sr. Dinl"Of Of PISIM141&Environmental Resamcas to pwt Allocation Rankings in the Upper Keys subarea fbr Market Rae Dwelling Units to applicants ranked am(1)Wough six(6)ad ranked driven(11);and 4. Based upon ft written tudmony of Townsley Schwab, Sr. Director of planning & Havitourne" Rwouroex, the PIRIMiDS Commission. hereby approves. am recommendation by the Sr. Dbulair of Plitusting&Eaftamental Resources to head Upper KAP MOW Raft Dwdft Units allocadons In abeyonm for applicam malted Man(7)dmx*Can(10)and ranind twaWa(12).ohm doo properties do not have der des4ptions a this dm& Once der dedgudons am finaliu4 stgff win bring dw allocadons back to&a Planning CaumisWon ibr recommendation of either at wifficift ranking or insufficioul rudft for an allocation aword for theso or odw appUconts; and I Band upon dw wdttm tes*MY of Townsley Schwab, Sr. Director of Pimmiug & Environmental Resourcesi do Planning Conanission hereby approves die woommandation by do Sr. Director of Planning&Eavloonanental Resources to Sm Allocedon Raiskings in the Upper Kays OdMiRIOMWve Rdid) adwu for Matet Rate Dwelling Units to applicols ranked one(1)and ftw(3);and 6. Based upon the written Msdmmy of Townslay Schwab, Sr DkwW of Planniq & Environments! Resotuces, the Planning Commission, hereby approves the recommendation by doe Sr. Dhww of Plasuft a Bavirommud Resources to hold Upper Keys (Administrative Relief) allocadon In sbeyonos for applicant moked. two (2), since do property doas not hm a fier designation at this d= Oum the tier designstion is finalixed, MIT will brft the allocAtm back to dw Pknifnj Commission for a recommiendation of either a udrkiout ranking or Insufficiat ranking fcc an allocation aw" 7• BMW 01M dw wriften testimony of Townsloy Sdiwab. St. Director of Pimming & Errvironmonfsif Resources, the Planning Commission h=by approves to recommeniation.by die Sr. Dhagor of Planning&FXvironmental Ramroes to Saint zero(0)Allocadon Rankings fa the L"a and Upper Kqr sub&=fn dw very low, low,&MadLan hu;ome category ft Affordable Ebusing Dwelft Units;and 8. Based upon do wrimen toodmony of To*=Iey Schwab, Sr. DirecW of Planning & Bnvhu=MW Raources. the Planning Canmission hereby approves ft recommmulation by the Sr. Directar of Planning &Environmental Resources to po mo (0)Allomdon Rankings for ft 1,owa wo Upper gap sWMft in do modm" Income category for Affordable Hmising Dwelling Units;and 9. Based Upon the written tuthrmy of Towuley Schwab. Sr. Direcim of Planning Environmental Resources, the Planning Commission hereby appgova$ the Re%olution P55-09 Page 2 of 3 Affordable ® Schwab, Allocation Sr. Director of PIwaing HaviroamentsI Resources, 1110 Planning Commission hereby approves the Dwell,MONROE COUNTY,JUARWA,that do F=ft Findings of Fact and Conclusions of Law, sqpm ft decision to APPROVE do ResideoW Nkrim me Applicants ranked seven (7) dWUA tm (10) and maked twelve(12) ad to Upper Kays Administrative ReW ApplIcant mained two (2) as. submitted by die St County,Director of Manning&Envko==W Resources. 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I M { Y {Yff � �`�, I � � 4' i �� 4 ��. I � � Y I I I I I 1 I kw A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION APPROVING AND HOLDING SOME ALLOCATIONS IN ABEYANCE FOR THE RESIDENTLAL DWELLING UNIT ALLOCATION QUARTER BEGMING OCTOBER 13, M9. AND ENDING JANUARY IZ 2010, ALL OTHMt APPLICANTS ROLLOVER TO THE NEXT REGULAR QUARTERLY EVALUATION PURSUANT To SECrION 138-26 OF TFIE MONROE COUNTY CODE WMRIAS,the Sr.Directorof Planning&EnviromneaW Resources subinitted to the Planning Comminion a R@sW=W Dwelling Unit Allocation Evaluation Rjqwrt,dated March 1. 2010, Put'suant to the proca&= outlined in Morm County Code, AnwW4 Section 138-26;and WWMAS, the War" County Planning Commission dming a regular public =ding held on March 10,2010,conducted a public hearing to review,discuss, and Make fmnal motions reguzims the Dwelling Umt Allocation Ranking Report;and %W WHERFAS,the Planning Conunission was presented with the following evidence: I- Ito memorasulum entitled Residential Dwelling Unit Evaluation Report, Quarter 2 of Year 18, from Townsley Schwab, Sr. Director of Planning & Envirarunental Resources, to the Monroe County Planning Commission, dated Match 1, 201.0, mW which repores findings of fact and conclusions of bw this Commissiou adopts by refemnce.as its own,and 2. The sworn testimony by the Morm County Growth Management Division staffi, and comments of John Wolk Esquire;ad WHERKAS,the planning Commission maks the following Findings of Fact I. Based upon the written testiniony of Townsley Schwab, Sr. Dke= of Planning & Environmental Raxumvs, the PMmn$ COM011511on hereby approves the recommewlation by the Sr. Director of Planning& Environmental Resourea to grant Allocation Rankings in the Lower (LowedMiddle) Keys subarea for Marka Rate Dwelling Units to applicants ranked one (1)through ton (10) OW thirteen (13)though foumen (14). and 2. Based upon the written testiamy of Townsley Schwab. Sr. Director of Planning & Environmental Resources, the Planning commissIM hereby approve% the recommendation by the Sr. Director of Planning & Environmental Resources to hold Lower(Lower/Middle) Keyl Market Rate Dwelling Units allocations in abeyance for Rmlution PO4-10 Pop I of 3 4 t [ 'I applicants ranked eleven 0 1)duough twelve(12).since the properties do not have tiff d0slgnaiiOns At this tizm Once If" designations am i1nalized. staff will king the alI ocations bad to the planning Corrunission for v=mmendation of either a juiffideM ranking or insufficient ranking for an allocuion award for then or other applicame; WW I Based WW tha written tatimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recomazendation by the Sr. DifectOr of Planning& Environznezital Resources to grant Allocation Rankings In die Big PlwNo Naine Key subarea for Market Rate Owdling Units to applicants ranked out(1)t1trough two (2),and 4. Based upon the written testimony of Townslay Schwab, Sr. Director of Pianning & Environmental Resources, the Planning CommissioN hereby approves the recommendation by the Sr. Director of Phmning&EnvhvnmenW Resourm to grant Allocation RaIlkhIP in die Upper KeYs subs= for Mw*A- Raft Dwelling Units, to appUcants mdced four(4)and six(6)through nine(9);and 5. Baud upon the written testimony of Towasley Schwab, Sr. Director of Planning & EnvitOmnental Resources, the Planning Comaduion, hereby approves the momrombdon,by the Sr. Director of Planning & Environmental Resources to hold Upper Keys Market Rate Dwelling Units allocations In abeyance for appimuts MAW one(1)through dum(3). five(51 ad ranked twehv(12) through d1irtean(13). since kw the properties do not have tier designadons at this time. once tier daijipationg are &dWA staff will. bruix Ow allocations back to the Plamung Commission for recommendation of eidwr a sufficient raWdq or imufficient ranking tbr an allocation award for these or other applicants;and 6. Based upon the written tesdmony of Townsley Schwab, Sr. Dkoctor of Planning & Enviromimatal Resources. the Plitmung Commission hereby approves the recommendation by the Sr. Director of Planning &Environmental Resources to grant Allocation Rankings in the Upper Keys (Administrative Relief) subam for Market Rate Dwelling Units to applicants ranked one(1)dwough.two is and 7. Based upon the written testimony of Townsley Schwab, Sr. Director of Pjaming & Eavronmental Resources, ft Planang Commission hereby approves the rocornmendation by the Sr. Director of Planning &Eavironinental Resources to grant zero(0)Allocation Rankings for die Lower and Upper Keys subarea in the very low. I ow,&niedlan income category for Affordable Housing Dwellfng Units;and a. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning Environmental Resource& the Planning Commission hereby approves the recommaxiation by the Sr. Director of Plivining& Environniental Resources io grant zero (0) Allocation Rankings for the Lower and Upper Keys subam in the moderate income category fbr Affordable Housing Dwelling Units;and ltv�olufion PO4-10 Page 2 of 3 9. Based upon flee written testimony of Townsley Schwab, Sr Direaer, of PlAratkg & EnvirontnenW R"Ourm, dw plgnnkg Commission hereby approves the mcotantendatlon by the Sr. Director of Planning& EnviroaWntill Resources to Brow zero(0) Allocation Ratiltings for the Big FWNO Nam Kays subarea in the very low, low,&median income category for Affordabis Housing Dwelling Units;Q ® Based upon ft written testimony of Townsley Schwab. Sr. DirWor of plannirg & Environmental Resources, the Planning Commission hereby appmves the recommendadon by the Sr. Director of Planning&EavirotunaW Resources to pa zero(0)Allocation Rankings for ft Big phWWO Nme Kep subarea in the Qerate iftwilac category for Affordable Housing DwelliM Units.and NOW T=WVJtZ RZ IT PMOLVED BY PLANNING COWMION Oir MON1109 COUNW, FLORWA, that the Preceding Findings of pam ad ConcWsion of Law- suPfort the decision to APPROVE the Residential Dwelling Unit Allocation Rankings for QuarW 2 Yen IS and holding allocadow in aboyanee to Lower (LawedM'ddle) Keys MarkAt roe APPHcam =kW One(1) &rough tan(10)and thirem (13) thouO fourteen (141 and to Upper Keys Market me Applkmts MGW one (1) ftOugh ftm(3).five(51 and ranked twelve(12)thrOugli thirteen(13)as submlftd by the Sr.Director of Planning&EavironmenW Resources. PASSED AND ADOPTED by the Planning Commission of Mon=. County, Florida.at a regular meeting held on ft 10th dayof Mwch 2olo Modket Raw Lowermwdmdn Keys BiSMwWoNameK@ys Uppgrreys UPPa(Aftq'W Keys Chairmim Wall Whm ChmWisioner WeribW AhM Ahm Commbsionermale YM NA Comminioner Cameron YZ in Cammialowr Lwberg na in YZ Affordable Housing Lower iLwdm) &Upper Keys J31gP1adNoNameKep Chairman Wall Axbm CWWRISSIMer Werring YA C(Aftmissioner Hate C(Munit'don Cameron nA ANTO" Pl=u*9 Commission of ;f !i"F1 AM L c"nm Monme .F1 We andyV P1,Chainmnmnn ed this 409wh,*of Mwxh 2010 4R=Wy Resolution PO4-10 Page 3 of 3 lye Y . w w s i fill I lilt fit mill 11 fill f lilt It i +++wwwwwwwwwwwwwww+++++++++++++w.wwwwwwwwwww« its ....... ..®....ate.° ° ...®...... .. Igo ...®....eases...aaaa.....ar.r...® .......... . w ....o.... o .. 00a..00000.00000 .a oo....aoo.00.as.o . a0000000. 0oo.oa.ao. 0 0 0.0 a a. . . 0 Oaaaaao.. 00 .ao.a.Ooa...O c ww.wwwwr.o++wwwwww.aw ...w•w•..wwwwwwww.....o. a oao --pill...... Oa 0 0 o o O.0.0 a a 1 . S r s J I I i I I i i l I Y 4 a � I { �i A RMLUZION By THE MONROE COUMry PLANNING C014MMION APPROVING THE yEAR I g QUARTER 3, (JANUARY 13, 20 1 0-APRjL 12 , 2010) RESIDENTIAL DWELLING ALLOCA77ONS FOR THE LOWUNff MARIaT RATE ER KEYS SMAREA , BIG PNE AND NO NAME KEYS AND FOR AFFORDABLE FIOUSING49 HOLDING SoME ALLOCA77ONS IN ABEYANCE PENDING nR DBSIONATIONS4 CONTINWNG 7HE UPPER KEYS MARKET RATE ALLOCA71ONS LYNTIL JUNE 23,2010. W"FlUL489 the Sr—DirectOr of Phmmng&EuvrronmentW Resomm suWfted to the Planning Commission a Residential- , Dwelling Unit Anocafton Evaluation June 2, 2010 purguant to the procedum Oudined m Momoe County C'de� A'erjd44 Section 13826; and RAPOO,dated WHEREAS, the Monroe County plurung Commso. during a morlar.public meeting held On June 9, 2010, conducted a public baring to review, discuss, and mak formal mOtIOns regarding:the DWWUng Unit Allocation Itardang Report,and .6 WHEREAS,the Planning Commission Was pmsented with the foljowing CvWew,, 1. The memorandum entitled Residential Dwelling Unit Evaluation Report Quuft 3 of year 18' TOMSICY Schwab. Sn Director Of Planning & Eftyi....W Resources' to the Monroe County Planmlng COMM'Ssion,dated June 2,2010;and 2. The SwOm testimony by the Monroe County Gmwth Mmaganent Division staff, and comments of John Wolfe, Esquire, and WHEREAS,the Planning Commission maka the f0liOwing Findinp ofFaa: 1. Based upon the written testimony of Towngley Schwab, Sr. Dirwor of Plarning & EnMfOnnidutal Resources, the Planning Commmion hereby appmves the rccOmmcndadon by the Sr. Dh=W of plannin Allocation Rankings in the Lower (Lowar/W9dd&1eEnKVV1f`OnMWW Resources to'grant i A Subs= f Dwellm' g Units 10 aPPlicants ranked one (1). 0 (2), or Market Rat, nne(9)through thineen (13); and tw five (5), dmgb seven (7) and 2. Based upon the wr'tten testimOnY of Townsley Schwab, Sr. Director of t plaming & Environmental Resources, he Planning CommisWon, hen*y appmves ft rer-Ommendation by the Sr. Director of Planning &fi Environm l ental Raources Lowa (LowerAddle) Keys Market Rate Dwailing Units to hold 3PP"cants"alked *00(3), &] ocations in abeyance for four(4). and C'&ht(8), Since the Properties do not have der Resolution P 10-10 Page I of 3 designations at this time. Once tier designations are Brialized, staff will bring the allocations back to the Planning Commission for recommendation of either a sufficient ranking or insufficient ranking for an allocation award for these or other applicants; and 3. Resed upon the written testimony of Townsley Schwak Sr. Director of Planning & E,nviromzumtel Resources, the Planning Commission hereby approves the mommendation by the Sr. DkwWr of Planning & Environmental Rmwoes to grant Allocation Rankings in the Lower Ker (Administrative Rel14 subarea for MWw Rate Dwelling Units to applicant ranked one(1);and 4. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby "roves the recommendation by the Sr. Director of Planning & Enviromuental Resources to grew Allocation Pimidrigs in the Big Pine/No Name Key subarea for Market Rate Dwelling Units to applicants ranked one(1)through two (2); and S. Based upon the testimony of staff concerning inconsistcaicies, and inaccurate information regarding the avOebility of central wastewater treateacit sWem, availability in the Upper Kep subarea, the Planning Omnmission,hereby approves the continuance of the Upper Keys subam market rate applications to June 237 2010,and 6. Baud upon the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Envimmmental Resources to grarit zero (0) Allocation Ranicings for the Lower and Upper Keys subarea in dis very low, low,&median income category for Affordable Housing Dwelling Units; and 7. Based upon the written testimony of Townsicy Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant zero (0) Allocation Rrailcings for the Lower and Upper Keys subarea in the moderate income category for Affordable Housing Dwelling Umts; and 8. Based upon the written testimony of Townslay Schwab, Sr. Director of Planning & Environmental Resources, the Planning Commission hereby approves the recommendation by the Sr. Director of Planning & Environmental Resources to grant zero(0)Allocation Ranicings for the Big PineJNo Name Keys subarea in the very low, low, &median income category for Affordable Housing Dwelling Units; and 9. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Envirommental Resources, the Planning Conunission hereby approves the recommendation by the Sr. Director of Planning & Enviromnental Resources to gmt zero(0)Allocation Rankings for the Big PindNo Name Ker subarea in the moduvw I ncome category for Affordable Housing Dwelling Units; and Resolution P 10-10 Page 2 of 3 "NOW THEREFORE BE IT RESOLVED By THE PLANXING COMMSSION OF MONROIC COUNTY9 FLORIDAo that the JIM00ding Findi6p of Fact and Conclusions of LRW- SUPPOrt the decision to AppROVE the p'esidativ,Dwelling Unit Allocation Rankings fbr Quarter 3 Y= 18 and holding allocations in ak7mce for Lower (Lower/Middle) Keys Market rate Applicants ranked thm (3), fbur(4), and eight and Continuing the Public 1109*4 for &e Upper, Keys MadW Rate Applications to June 23,2010 at 10.00 am asshown an EXHIBZT 'A,attached. PASSED AND ADOPTzD bY the Planning Commission of Wnroe,. County, Florida, at a regular meeting hold on the 9th day oflune 2010 Maricet Rate cmda" Lower(L*MdO KJ,78 LOWer(A&L RQG Keys Big PinwNo Nam Ke" UppwKe" Chabman Wall BIN= M"M M own Commissioner Werling Ma 3W in Commissioner Hate 3M 3M in Comviissioner Cameron 20 3= Y-9 COmmimioner Lustherg 3M 30 30 3N Affordable Housing Lower(LwA" &UPPer Ke" Big Pnwwo Nam Ke" Chairman Waa ffiftm Commissioner werfing YA COMMi0ioner Hate Commission Cameron COmmimioner Lustberg Planning Commission of Monroe Unty,Flod eg C B Signed tMa 9th daY Of June 2010 Y—RanWd+y A VED AS TO FORM AND LAO 3 1 MN By It m6y's Office RewlutionP]0-10 Page 3 of 3 + 1 r . . S b • R s a a • --waaawwaawaam r.r. drororr.r.rrr 0 o.r.r.o.r.r.....or. ..o.or..oa.rr.ro.o.. o.oro.o.r.o.r. . ...r.... .m..r ..r.ro.. o.r. r ..roo.r.r....ororo..rr.u. a i .r...r. .ro.. orr. .ro.o . .ror.. m rrr®®.o.r.rrr r .rr..r.r.ro.rrr.o.o...o.o.r.r.r.rrr. ..o ..o ro...o.o.o.o.r.roo•o.r.rn...o.o.r.r...ro....®. 111111MI fff,,F NINE Is Ifilliff .o.orro •.........or.r.r.r.....ro.o. n...oro.r ato. tttto.....o.... 00roo.000.o.o.o.roo....o. f t ®®®.vaawm.o��aaaaarw. a ..........wm•uyu..rr.... sC ®.ro.o.o www `a`aw`w`rowwu` � m:® w®wV WIN IL A RESOLUTION By THE MONROE COUNTy PLANNING CONWsSION AppROVING THE BIG PINF-/N0 NAME KEY MARKET RATE RESIDENTIAL DWELLING UNIT ALLOCATIONS AND CONTINUING OTHER APPLICANTS RANKINGS FOR QUARTER BEGINNING APRIL 13, 2010, AND ENDING JULY 12, 2010, PURSUANT TO SECTION 138-26 OF THE MONROE COUNTY CODE WHEREAS,the Sr. Director of Planning&Environmental Resources submitted to the Planning Commission a Residential Dwelling Unit AlIocation Evaluation Report,dated August 23, 2010 and September 17, 2010, pursuant to the procedures outlined in Monroe County Code,Amended, Section 138-26; and WHEREAS, the Monroe County Planning Commission during a regular public meeting held on September 22, 2010, conducted a public hearing to review, discuss, and make formal motions regarding the Dwelling Unit Allocadon Ranking Report;and WHEREAS,the Planning Commission was presented with the following evidence: 1. The memorandum entitled Residential Dwelling Unit Evaluation Report, Quarter 4 of Year 18, from Townsley Schwab, Sr. Director of Planning & Environmental Resources, to the Monroe County Planning Commission, dated September 17, 2010, and which report's findings of fact and conclusions of law this Commission adopts by reference, as its own; and 2. Staff submitted a continuance request from Mr. Bank Prevetts;and 3. The sworn. testimony by the Monroe County Growth Management Division staff-, and comments of John Wolfe, Esquire; and WHEREAS,the Planning Commission makes the following Findings of Fact: 1. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources, the Planning COnmssion hereby approves the recommendation by the Sr. Director of Planning & Environmental Resour to t e or Market Rate Dwelling Allocation Rankings in the Big Pine/No Name Ky subarea f ces gran Units to applicants ranked one (1) through two (2) and continued the remaining rankings to the October 6, 2010,Planning Commission meeting;and Resolution P24-10 Page 1 of 2 NOW THEREFORE BE IT RESOLVED BY PLANNING COMMSSION OF MONROE COUNTY, FLOREDA, dw the preceding Fmchngs of Fact and Conclusions of Law, support the decision to APPROVE the Big Pine/No Name Key Market Rate Residential Dwelling Unit Allocation Rankings for applicants ranked one (1) through two (2) and continued the remaining rankings to the October 6, 2010, Planning Commission meeting for Quarter 4 Year 18. PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a regular meeting held on the 22th day of September 2010. Market Rate Big Pine/No Name Keys Chairman WaU jub= Commissioner Werling Commissioner Hale Commissioner Cameron yM Commissioner Lustberg yes S ypmer B RMPldoor ou n ' f , o y i d 1 y 4 - Chairman DVED S F0 14C To "M BY AND =f—f-C' Resolution P24-10 Page 2 of 2 �sw oeeeooeeooeeoo±^rm"rr"rtl'eoeett s B? ;3�i3oeeeooee�, T T ooee000eeooee000eooee0ooeooeeooeeooTT77Teo7e ��� eee0000000eeeooeooeeooeeoeeeooeeooe000eeooe eeeooee000eeoeeooeeooeeoeeeeoeeooeooee000eeo A eeo000000e00000000000000000o00000...0000.... 000000000000000000000ooeooeeooe000e000e000ee O w OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOwO T yl= r� 00000000000000000000000000000000000000000000 AA eeeeeeoeeoeeeeoeeeoeeoeeeeoeeooeooeeeeeeeooe Z rib eeeooeeoeeeooeoeeo^¢e^^oe^^ooeooeeooeeeoeeoo a ��eg��ee�oe^^ooeeoeeeooe000�oe^^oe^ooe�� i.. a nwwnnwwa$$nwwnn w^s^^^^^^^^^^^^a a a a aaanwww HIM, 11 gill113113919--R^ mom '1 a rr rim^w$�A rwrq m ra y 61,1 gas Ins,11111111111 .aA.wmnra^'�^ R&1J'R�'A�B�iAR$w6Y4$7jIRl�RAllg�9�'1X ����� � 0^a EXHIBIT *Agenda ELI PLANNING COMMISSION MARATHON GOVT CENTER MONROE COUNTY 2798 OVERSEAS HIGHWAY October 6, 2010 MARATHON, FL 10:00A.M. MONROE COUNTY, FL CALL TO ORDER EL922L2EAM91ARM fiQLLCALL COMMISfiQN- Randy Wall, Chairman Denise eding Jeb Hale Jim Cameron Elizabeth Lustherg STAFF: To-wnsiey Schwab, senior Director of Planning and Environmental Resources Susan Grimsley, Ass't County Attorney John Woffe, Planning Commission Counsel Mitch Harvey, Comp Plan Manager Joe Haberman, Principal Planner Steven Biel, Senior Planner Barbara Bauman, Planner Gall Creech, Planning Commission Coordinator COL!NTY RESOLUTION 131-92 APE ELLANT TO PR )VIDE RECQRRZQftAPpEAL SWEARIMaDEIQUNIXII&E 9HAN99MIUKAMMA APPROV&L OF MINUTES MEETING Continued Items: 1. A Public hearinct to consider and finalize the ranking Allocatlop_§19tern for the market rate applications 3• in the Big Pine Name Key sub-area between April 13, 2010, through July 12, 2010, ROGO quarter (4th Quarter Year 18), unincorporated Monroe County. *10.01.10 Page I of 2 Now Items: . Qrcle K, 92720y r s Highway(US 11. Tav rni r. Mile Marker .7: A,reguest for Rpr v i of an amendment to a major conditional use hermit in order to redevelop the existina aas station and convenience r by removing the one (1) existing fuel pump with two O dispensers; constructing five (5) new fuel pumps with two O dispensers per pump; demolishing the existing canopy; constructing a new canopy; improving the existing convenience store building; and carrying out associated site improvements. The subject property is legally described as a portion of the East 1/4 of Section 27, Township 62S, Range 38E, Key Largo, Monroe County, Florida, and Parcel 2, Tavernier Boat Basin, P -147, Key Largo, Monroe County, Florida, having real estate numbers 00089480.000000 and 00 872 ,00 000. . Tavern Stores Chevron, 91860 Qverseasi h y(US 1), Keyr , it r er 1: r r v l 2f a 2AP ( r in , oiv] is oll vera SR22kLMff1j1aR&Jhe subject property is legally described lock 1, Lots -1 , Tavernier (P 1-105), Key Largo, Monroe County, Florida, having real estate number 07 10.000000. . er r riii. 1 e la y ( 7 . y r o. Ile r r 1 MiLest for aggroval of a 5SR ( . i ] is hoil y r i I Use Permito Mgiaoe an existing ( r ano,wine,,,on I n ] o Ulse Permit. The subject property is legally described as part of Lots 6, 7 and 8 lying northwesterly of US 1 in Section 22, Township 61 South, Range 39 East, Model Land Company's Plat (P 1-68) less the south 2 0' and the north 60' thereof, Key Largo, Monroe County, Florida, having real estate number 0006730.000000. . Llszka,Residence, e ven Road, taccoonn Mile Marker reguest for approval of a ri ne o ( ) feet to the five (5] foot rgguired sideyard vard setback alongnorthwestern r e lin In r r o r 11 I it n. The subject property is legally described as Block 1, part Lot 5 and Lots 6 and 7, Key Haven Fifth Addition (P -10 ), Raccoon Key, Monroe County, Florida, having real estate number 00136830.000000. If a person decides to appeal any decision made by the Commission with respect to any matter considered t such hearing or meeting, that person will need to ensure that a verbatim record of the proceedings is made;such record includes the testimony and evidence upon which the appeal is to be based. Pursuant to the Board of County Commissioners'Resolution #131-199 , if a person decides to appeal any decision of the Planning Commission he or she shall provide a transcript of the hearing before the Planning Commission, prepared by a court reporter at the ellnt's expense, which transcript shall be filed as part of the appeal within the time provided in Section 10 215 of the Monroe County Code, amended. ADA ASSISTANCE._ff you are a person with a disabilityneeds special accommodations I order to participate in this roc in ,please contact the County Administrator's Office,by phoning O 1, between the hours : ., no later than ten (10 calendar days prior to the scheduled meeting, N you are hearingr voice Impaired, ff 711". BOARD DISCUSSION GROWTH MA T COMMENTS RESOLUTIONS I ADJQURNMENT 10. 1.10 Pagego EXHIBIT PLANNING COMNUSSION October 6,2010 Mee9Rj2EnRkk The Planning Commission of Monroe County conducted a meeting on Wednesday, October 6, 2010, beginning at 10:03 a.m. at the Marathon Government Center, 2798 Overseas Highway, Marathon, Florida. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL by Gail Creech PLANNING CONMUSSION MEMBERS Randy Wall, Chairman Present Denise Werling Present Jeb Hale Present James Cameron Present Elizabeth Lust berg Present STAFF Townsley Schwab, Sr. Director-Planning and Environmental Resources Present Susan Grimsley, Assistant County Attorney Present John of , Planning Commission Counsel Present is Harvey, Comprehensive Plan Manager Present Joe Haberman, Principal Planner Present Steven Biel, Senior Planner Present Barbara Bauman, Planner Present Tiffany Stankiewicz, Dev. Administrator.-Planning and Environmental Resources Present Gail Creech, Planning Commission Coordinator Present COUNTY RESOLUTION 131-92 APPELLANT TO PROVIDE RECORD FOR APPEAL County Resolution 131-92 was read into the record by John Wolfe. SUBMISSION OF PROPERTY Gail Creech confirmed receipt of all necessary paperwork. SWEARING OF LOUNTY STAFF All staff intending to speak were sworn in by John Wolfe. NUNUTES FOR APPROVAL Townsley Schwab requested a deferral of the approval of minutes to the next Planning Commission meeting. CHANGES TO TU AGENDA Item No. 4 was rescheduled for the October 19, 2010 Planning Commission meeting due to a revision of the application by the property owner and the need for a re-advertisement. MEETING Continued Items: 10:07 am. LA gublic hearing to consider and finalize the ranking,of pgglications in the Dwelling,Uni Allocati2LSystem for the market rate applications 3-44 in the Big Pine/No Name Key sub-area between April 13, 2010, through July 12, 2010, ROGO quarter (4d, Quarter Year 18), unincorporated Monroe County. Susan Grimsley informed the Commission a representative of a person who has an equitable interest in the property has requested a continuance. The representative was informed, and understood, that the last meeting at which this matter could be heard is the October 19, 2010 Planning Commission meeting. Motion: James Cameron made a motion to continue this item to the October 19, 2010 meeting. Denise Werling seconded the motion. There was no opposition. The motion passed unanimously. New Items: 10:09 a.m. 2.Cirele K,,92720 0 an amendment to a mgior conditional u station and convenience store by removing the one (1) existing fuel pump with two dispensers; constructing five (5) new fuel pumps with two (2) dispensers per pump; demolishing the existing canopy; constructing a new canopy; improving the existing convenience store building; and carrying out associated site improvements. The subject property is legally described as a portion of the East 1/4 of Section 27, Township 62S, Range 38E, Key Largo, Monroe County, Florida, and Parcel 2, Tavernier Boat Basin, PB4-147, Key Largo, Monroe County, Florida, having real estate numbers 00089480.000000 and 00487290.000000. John of informed the Commission that a phasing plan with a letter explaining the plan had been submitted. The size of the canopy has been cut back to less than 2500 square feet, so that the applicants will only have to go through one NROGO period as opposed totwo. (10:15 a.m.) Steven Biel stated there has been a revision to the revised site plan. Mr. Biel then presented the staff report. The recommendation by staff was for approval with conditions. The conditions were read into the record. (10:31 a.m.) Chairman Wall voiced concern about the angle of the turn into the first southbound curb cut, as well as its close proximity to Burton Drive. �2 Bob Webster of MDM Services was sworn in by John Wolfe. Mr. Webster explained that the first southbound curb cut was to be used by the fuel delivery trucks, as the fuel is offloaded on the right-hand side of the truck, but that the hose could be pulled underneath the truck instead. Circle K would make that change if the Planning Commission desired. Chairman Wall recommended signage directing vehicular traffic to enter the second sou und entrance. Chairman Wall asked for public comment. There was no public comment. (10:39 a.m.) James Cameron stated he felt that what is being proposed is a vast improvement over what exists today, but feels that it is unnecessary for staff to be asking for rationale regarding the number of pumps on the site. Townsley Schwab responded that it has to do with controlling intensities and community character issues. Mr. Cameron then stated that the traffic studies available are outdated and are of counties that are much different than Monroe County. Elizabeth Lustberg as for confirmation that there was no response from the letters sent out to the community. Mr. Schwab confirmed that. Mr. Cameron as why under-canopy parking spaces were not counted as part of parking. Joe Haberman explained that there is no parking standard fora fueling station in the code, so a shared parking calculation cannot be done and, therefore, the convenience store has to be treated separately. Chairman Wall stated that he would feel more comfortable if in the major conditional use there was a clause that said the first southbound curb cut was set up to be a left-hand exit only. Mr. Webster said that would be fine. (10:51 a.m.) Motion: Chairman Wall made a motion to approve the staff report and conditions, with the addition of making the first southbound curb cut on U.S.1 a left-hand exit only. Elizabeth Lustberg seconded the motion. There was no opposition. The motion passed unanimously. 10:54 a.m. 3.Tavern Stores Chevron91860 Overseas reguest for...apgroval of a 2APS (beer ecial Use Permit. The subject property is legally described as Block 1, Lots 6-14, Tavernier (PB1- 105), Key Largo, Monroe County, Florida, having real estate number 00478410.000000. Barbara Bauman presented the staff report. The recommendation by staff was for approval with conditions. The conditions were read into the record. Chairman Wall asked for questions from the Commissioners. There were one. Chairman Wall asked for public comment. There was one. (10:59 a.m.) Motion: James Cameron made a motion for approval. Jeb Hale seconded the motion. There was no opposition. The motion passed unanimously. 3 10:59 am. 5.Liszka Residence, 58 Kel Haven Roads for approval of a variance side yard setback along the northwesterne v li i c it iaddition. The subject property is legally described as Block 1, part Lot 5 and Lots 6 and 7, Key Haven Fifth Addition (PB5-105), Raccoon Key, Monroe County, Florida, having real estate number 00136830.000000. Joe Haberman presented the staff report. The recommendation by staff was approval with conditions. The conditions were read into the record. (11:04 a.m.) Owen Trepanier appeared on behalf of the property owner. Mr. Trepanier was sworn in by John Wolfe. The property owner, Joe Liszka, was also present. Mr. Trepanier presented to the Commission the proposed site plan and the existing site plan, and he explained that the covered deck area on the existing site plan was being replaced by an addition to the property. Mr. Trepanier informed the Commission that the architect has, in fact, coordinated with the fire marshal regarding this site plan. Chairman Wall asked for questions from the Commission members. There were none. Chairman Wall asked for public comment. There was none. (11:07 a.m.) Motion: James Cameron made a motion for approval. Jeb Hale seconded the motion. Elizabeth Lustberg asked if any of the neighbors had anything to say about this. Joe Haberman answered that a letter was provided by the neighbor on the opposite side of the addition stating they had no objection, and that nothing was provided by the neighbor in closer proximity to the addition on the property. There was no opposition to the motion. The motion passed unanimously. BOARD DISCUSSION (11:09 a.m.) Elizabeth Lustberg asked if canopies are looked at the same way as regular floor space regarding NROGO. Jose Haberman answered they are the same in terms of NROGO, but they are different in terms of density calculation. Mr. Haberman explained that the way NROGO is phrased and defined in the code, all covered areas are subject to NROGO. The reason behind NROGO being set up this way was discussed, Elizabeth Lust berg asked if this issue of be looked at when the comprehensive plan was being worked on. Joe Haberman stated that the comp plan policies that relate to NROGO are broader, but that it could be addressed forthwith in the LDRs if it was felt to be necessary, or it could be addressed when a rewrite of the LDRs occurs. Townsley Schwab is hopeful it will be able to be addressed without waiting for the comp plan. John Wolfe informed the Commission that the 2500 square foot limit comes from the LDRs. Commissioner James Cameron asked when of is Bar & Grill will be on the agenda. Joe Haberman answered that it will be put on the agenda for approval of the NROGO allocations for that quarter, but it is not know when. 4 .Id4 Chairman Wall asked when the calendar for next year will be established. Susan Grimsley explained that a tentative schedule is made at the end of November or the beginning of December, but that it is dependent on room availability, is is based on the Board of County Commissioners' schedule. Townsley Schwab introduced the Commissioners to Ray Ortiz, an emergency temporary hire as a planner. Mr. Schwab then explained to the Commissioners that the packets for the next meeting will be submitted ten days prior to the next meeting as opposed to at the close of the prior meeting. Commissioner Cameron requested an agenda be provided at the end of the prior meeting. Elizabeth Lust berg requested her personal e-mail be cc'd on any Planning Board e-mail. Susan Grimsley requested e-mail addresses where the forwarded e-mails should go to be provided to Gail Creech. Chairman Wall asked if there is a regulation for staff reports to be posted on the County website. Susan Grimsley explained that the only requirement is the notice of public hearing, and everything else is posted as a courtesy. !EROWTH M.ANAGEMIE.NTC.OMNE.NTS, (11.27) Mitch Harvey reported that last month the Board of County Commissioners approved the compilation of report to be transmitted to the Department of Community Affairs. Also, a second iteration of the existing conditions of the technical document update has been received, and the future conditions of the technical document are expected to be received October 18. When that draft is complete, a workshop with Keith & Schnars will be scheduled for January. The Big Pine Key Rotary Club has been provided an update on the plan by Keith & Schnars and Mitch Harvey. AR1212�LMIENT The Monroe County Planning Commission meeting was adjourned at 11:30 a.m. 7 .'.. HISIT *AGENDA I p2g�— PLANNING COMMISSION MARATH V T CEN rER MONROE COUNTY 2798 OVERSEASHIGHWAY October 1 , 2010 MARATHON, FL 10:00 A.M. MONROE COUNTY, FL PLEDGE OF QALL TO ORDER ROLL CALL POMMISSION: Randy Wall, Chairman Denise rlin Jab Hale Jim Cameron Elizabeth Lustberg STAFF: To my Schwab, Senior Director of Planning andnvirn n I Resources Susan Grimsley, 't County Attorney John Wolle, Planningmission Counsel Mitch Harvey, Camp Plan Manager Joe Haberman, Principal Planner Leven Biel, Senior Planner Barbara Bauman, Planner Gail Creech, Planning Commission Coordinator COUNTY RESOLUTION 131- T I SUBMISSION OF PROPERTY IAFFIDAVITS AND PHO SWEARING APPROVAL OF CHANGES TO THE AGENDA ContinuedMEETING Items: public heari i i li r li iins in the DweIl1ng_yfljAqqqjfl0 SyLtem forte market rate applications 3-44 in the ft Pine/No Name Key sub-area between April 1 , 2010, through July 1 ,2010, ROGO quarter( th Quarter Year 18), unincorporated onroe County. *10.07.10 Page 1 of ; New Items: 2. D-Hooker Sports Bar & Grill, 102250 Overseas HIghway (US 1), Key Largo, Mile Marker 102: A request for approval of a 5SRX (restaurant, no package sales) Alcoholic Beverage Special Use Permit to replace an existing 2COP(beer and wine, on premise and package)Alcoholic Beverage Special Use Permit. The subject property is legally described as part of Lots 6, 7 and 8 lying northwesterly of US 1 in Section 22, Township 61 South, Range 39 East, Model Land Company's Plat(P 1-68) less the south 200' and the north 60'thereof, Key Largo, Monroe County, Florida, having real estate number 0008 0.000000. . The Shell Woman Inc., dba the Shell Van, 92439 OverseasL�y ( ). Key Largo, Mlle Marker A request for approval of a 2APS (beer and wine, package only) Alcoholic Beverage Special Use Permit. The subject property is legally described as Parcels A and B, part Tract 2, Plat of Survey of the Ellis Property (P 2- ), Section 27, Township 62 South, Range 38 East, Key Largo, Monroe County, Florida, having real estate number 004 210.000000. 4. Sievers rie Inc.,_21 Garden Cove DrIve. KeyLaLgo, Mlle Marker : A request for approval of a 5SRX(restaurant, no package sales)Alcoholic Beverage Special Use Permit. The subject property is legally described as Block 7, Lots 18 through 2 , Ocean Isle Estates (P -1 ), Key Largo, Monroe County, Florida, having real estate number 00550.000000. 5. Walareens,30351 Overseas Highway( ), BIq PIne KevMlle Marker • A request for approval of a 3APS (package only, included beer, wine and liquor) Alcoholic Beverage Special Use Permit. The subject property is legally described as a tract of land in part of the southeast quarter of the northwest quarter of Section 26, Township 66 south, Range 29 East, Big Pine Key, Monroe County, Florida, having real estate number 001116 .000 0. 6. Non-ResIdential Floor Area Allocation: The Planning Director is requesting recommendations from the Planning Commission, to the Board of County Commissioners, for the amount of commercial floor area to be available for the annual NROGO allocation for Year 1 , beginning July 1 ,2010 and ending July 12,2011. 7. AN ORDINANCET l lRS AMENDING MONROE COUNTY CODE SECTION 101-1, DEFINITIONS, AND SECTION 10-187, MAXIMUM HEIGHT; PROVIDING CONSISTENCY BETWEEN REGULATIONS REGARDING HEIGHT IN THE LAND DEVELOPMENT CODE AND POLICIES REGARDING HEIGHT IN THE COMPREHENSIVE PLAN; PROVIDING CONSISTENCY BETWEEN THE DEFINITIONS OF HEIGHT AND GRADE IN THE LAND DEVELOPMENT CODE; PROVIDING FOR SVER ILI ; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS AND THE SECRETARY OF STATE; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFEZTIVE ATE. If a person decides to appeal any decision made by the Commission with respect to any matter considered at such hearing or meeting, that person will need to ensure that a verbatim record of the proceedings is made; such record includes the testimony and evidence upon which the appeal is to be based. Pursuant to the Board of County Commissioners'Resolution 131-1992, if a person decides to appeal any decision of the Planning Commission he or she shall provide a transcript of the hearing before the Planning *10.07.10 Page 2 of 3 Commission, prepared by a court reporter at the appellant's expanse® which transcript shall be filed as a part of the appeal within the time provided in Section 102-215 of the Monroe County Code, amended. ADA AMISTAN E. It you are a person with a disability who needs speclai accommodations in order to participate in this proceeding,please contact the County Administrator's Office,by phoning (305)292-4441, between the hours of ® a.m. ® ® p.m., no later than ton (10 calendar days prior to the scheduled meeting;If you are hearing or voice Impaired, call "711 BQARD RMQUMgN QROWTHI MANArZEMENT g MWENTA RESOLUT1ONajQftjtQNAjM ADJOURNMENT *10.07.10 Page 3 of 3 EXH[OFT Creech-Gail From: Grimsley-Susan Sent: Tuesday, October 19, 2010 9.50 AM To: Creech-Gail Cc: Stankiewicz-Tiffany Subject: FW: Mr.Akins Authorization Attachments: Third Party Authorization for JA.pdf Please put in electronic and hard file. Susan Grimsley, Asst. County Attorney 305-292-3470 .......... From: Ray Garcia [mail Lo:Egarcl @mygaMlalaw.com] Sent: Tuesday, October 19, 2010 9:49 AM To. Grimsley-Susan Cc: Alexis Rodriguez Subject: Mr. Akins Authorization Ms. Grlmsley: Here is the authorization from Mr. Akins Ray Garcia, Esq. LAW OFFICE OF RAY GARCIA, P.A. 14850 SW 26TH STREET, SUITE 204 MIAMI, FLORIDA 33185 T: 305-227-4030/F: 305-223-9811 Board Certified in Real Estate Law This message is for the named person's use only. It may contain confidential, proprietary or legally privileged information. No confidentiality or privilege is waived or lost by any mistransmission. If you receive this message in error, please immediately delete it and all copies of it from your system, destroy any hard copies of it and notify the sender. You must not, directly or indirectly, use, disclose, distribute, print, or copy any part of this message if you are not the intended recipient. THE LAW OFFICE OF RAY GARCIA, P.A. reserves the right to monitor all e-mail communications through its networks. Any views expressed in this message are those of the individual sender, except where the message states otherwise and the sender is authorized to state them to be the views of any such entity. CIRCULAR 230 NOTICE: To comply with U.S. Treasury Department and IRS regulations, we are required to advise you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this transmittal, is not intended or written to be used, and cannot be used, by any person for the purpose of (i) avoiding penalties under the U.S. Internal Revenue Code, or (ii) promoting, marketing or recomniending to another party any transact on or matter addressed in this e-mail or attachment, ..........___ _....... .......................... Please take a moment to complete our Customer Satisfaction Survey: hLt2://monroecofl,virtu alto MMhalhnt!TAgoahnt2tC2Ui,. eb css Your feedback is important to usl Please note:Florida has a very broad public records law.Most written communications to or from the County regarding County business are public record,available to the public and media upon request Your e-mail communication may be subject to public disclosure. A'010" The Law Office of Ray Garcia, P.A. Attorney at Law Florida Civil Law Notary �94a pcwk 14850 SW 26h Street southem District a Mori& W Suite 104 MddleDidHotaffloride Pay Garda,lhq. Miami,Florida 33185 Noilham Distum of Florida Board Certified in Red Estatr Law Tel:305.227,4030 Fax.-305.223.9811 1It Circuit CoW of Appeals MW—ia@MyW—CW-aW-CQM myW.Mnarcialaw.co-M THIRD PA 7Y AUTHORIZATION FORM 1, John Aldna, hereby authorize The Law Office of Ray Garcia, P.A. and its associates to represent me and speak on my behalf at any all Meetings, hearings, trial and any gatherings whatsoever as they relate to in Residential dwelling Unit Hearings with the Monroe County Planning Conunission for Big Pin Name Key Subarea Quarter 4, Year 18 reg ROGO Applications 07100486; 07100486; 07100485; 07100483 discuss my case with The Law Office of Ray Garcia, P.A.. I understand that I will be fully responsible for reviewing any information that is sent by Lender to my Designated Agents. This Authorization will remain effective until I specifically notify the Monroe County Planning Conunission, in writing, that this Authorization is of no ftuther force and effect. Our associates are: Ray Garcia,Esq. Alexis Rodriguez,Esq. Franklin A. Jara,Esq. John "Ins Reference Big Pine/No Name Key SubarZQuarter 4, Year 18 reg ROGO Applications 07100486; 07100486; 07100485; 07100483 STATE OF COUNTY OF The foregoing instrument was acknowledge before me this day of by who are personally know to me or produced Identification respectively and who did take the oath, Notary Public (SEAL) Law Office.qtg4y Parcia, P.A. Attorney at LaNv Floc&Civi Law i4oimy 26'b Southern District of Florida Suite 204 Middle Mitna of Florida Ray Garcia,Esq. Nfiartii,Florida 33185 Nardwo M-atict of norida Board Califtd in Red EMe Law Tel:305.227.4030 Fax:305.223.9811 11&Circuit Court ofAppeah WMjR@Mgarcialaw.cm www.raygarcialaw.com ***Sent Via Fax 305-289-2536 email to gXimsIML-sus=Qlnonroecogpttfl.gov.; creech- gail(i4onromountv-fl.P-ov.*** October 5,2010 Susan Ckirnsley,Esq. Gail Creech 2798 Overseas Highway Suite 410 Marathon, Florida 33050 Re: ROGO Applications 07100486; 07100486; 07100485; 07100483 Dear Ms. sley: It was a pleasure speaking with you today in regards to the above ROGO application awards.As I mentioned, I have been recently retained to represent Mr. Holloway, the buyer under contract of the above-property from Mr. Akins. As discussed there is a schedule hearing tomorrow at 9:00am in re to the above ROGO Applications. As I mentioned on the phone, I am in Miami and I have certain conflicts in Miami that do not allow me to travel to the hearings. I have attached a couple of Notice of Hearings as exhibits to show my conflicts. I respectfully request that this meeting be continued to the October 19, 2010 date which is still within the sixty(60)day cut-off for finalization of the ROGO awards.I appreciate and thank you for your consideration in advance.If you have any questions or concerns in regards to the above mentioned matter, you may reach me at 305-2274030. Sincere ere y G cia RG/ Enclosure cc:Greg Holloway EXHIBrr PLANNING COMMISSION I U_ October 19,2010 Rn��� Meetjag�mgtes EZD The Planning Commission of Monroe County conducted a meeting on Tuesday, October 19, 2010, beginning at 10:00 a.m. at the Marathon Government Center, 2798 Overseas Highway, Marathon, Florida. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL by Gail Creech PLANNING CONMUSSION MIEM[BERS Randy Wall, Chairman Present Denise Werling Present Jeb Hale Present James Cameron Present Elizabeth Lust berg Present STAFF Townsley Schwab, Sr. Director-Planning and Environmental Resources Present Susan Grimsley, Assistant County Attorney Present John Wolfe, Planning Commission Counsel Present Mitch Harvey, Comprehensive Plan Manager Present Joe Haberman, Principal Planner Present Barbara Bauman, Planner Present Tiffany Stankiewicz, Dev. Administrator.-Planning and Environmental Resources Present Gail Creech, Planning Commission Coordinator Present COUNTY RESOLUTION 131 APPEAL County Resolution 131-92 was read into the record by John Wolfe. SUBARS AND PHOTOGRAPBS Gail Creech confirmed receipt of all necessary paperwork. SWEARING OF COUNTY STAFF All staff intending to speak were sworn in by John Wolfe. MDUJTES FOR ARPROVAL Townsley Schwab requested a deferral of the approval of minutes. CHANGES TO THE AGENDA Item No. 4 will be not be heard and will be re-advertised. Item No. 6 will be heard as to No. 2. MEETING Continued Items: 1. 0 i T t T ications in the DwellingUnit Allocati2n System for the market rate applications 3-44 in the Big Pine/No Name Key sub-area between April 13, 2010, through July 12, 2010, ROGO quarter (4"' Quarter Year 18), unincorporated Monroe County. (10:04 a.m.) Susan Grimsley informed the Conimissioners that a letter of authorization of representation by Ray Garcia's firm had been received from Mr. Aikens, as well as from the proposed purchaser of Mr. Aikens' property. Alexi Rodriguez, Esq. was present on behalf of Mr. Aikens. Ms. Rodriguez requested an extension of time in order to contest the flood zoning. Tiffany Stankiewicz explained the process of having a property reassessed regarding its flood zone and the effect that has in the ROGO process. Motion: Commissioner Cameron made a motion to approve the rankings as set forth in the staff report. Commissioner Werling seconded the motion. There was no opposition. The motion passed unanimously. New Items: 6. Non-Residential Floor Area Allocation: The Planning Director is requesting recommendations from the Planning Commission, to the Board of County Commissioners, for the amount of commercial floor area to be available for the annual NROGO allocation for Year 19,beginning July 13, 20 10 and ending July 12, 2011. (10:15 a.m.) Tiffany Stankiewicz presented the staff report. Chairman Wall asked for public comment. There was one. Commissioner Cameron commented that the 2500 square foot limitation is not needed, as the whole idea of competition does not work, and has not worked for many years. Townsley Schwab stated that options are being looked into to address this issue. Motion: Commissioner Cameron made a motion for approval of the recommendations in the staff report. Commissioner Werling seconded the motion. There was no opposition. The motion passed unanimously. 2.D-Hooker Sports Bar & Grill 102250 Overseas Highway (US 1) Kel largo. `le,Marker 102: A request for approval of a 5SRX (restaurant, no package sales) Alcoholic Beverage Special Use Permit to replace an existing 2COP (beer and wine, on premise and package) Alcoholic Beverage Special Use Permit. The subject property is legally described as part of is 6, 7 and 8 lying northwesterly of US I in Section 22, Township 61 South, Range 39 East, Model Land Company's It (PBI-68) less the south 200' and the north 60' thereof, Key Largo, Monroe County, Florida, having real estate number 00 67 .0 00. (10:21 a.m.) Barbara Bauman presented the staff report. Ms. Bauman recommended approval with conditions. James Lupino, Esq. was present on behalf of the applicant. Chairman Wall asked for public comment. There was no public comment. Motion: Commissioner Cameron made a motion for approval with conditions in the staff reporL Commissioner Werling seconded the motion. There was no opposition. The motion passed unanimously. 3.The Shell Wom Nfile Marker 92: A request for approval of a 2APS (beer and wine, package only) Alcoholic Beverage Special Use Permit. The subject property is legally described as Parcels A and B, part Tract 2, Plat of Survey of the Ellis Property (PB2-99), Section 27, Township 62 South, Range 38 East, Key Largo, Monroe County, Florida having real estate number 004902 10.000000. (10:26 a.m.) Barbara Bauman presented the staff report. Ms. Bauman recommended approval with conditions. Gary Johnson was present on behalf of the applicant. Chairman Wall asked for public comment. There was no public comment. Motion: Commissioner Werling made a motion for approval with conditions in the staff report. Commissioner Cameron seconded the motion. There was no opposition. The motion passed unanimously. 5.WaIP-reens-3,0351 Overseas A request for approval of a 3APS (package only, included beer, wine and liquor) Alcoholic Beverage Special Use Permit. The subject property is legally described as a tract of land in part of the southeast quarter of the northwest quarter of Section 26, Township 66 South, Range 29 East, Big Pine Key, Monroe County, Florida having real estate number 00111690.000900. (10:30 a.m.) Joseph Haberman presented background information on this property and presented the staff report. Mr. Haberman clarified that the commissioners were being asked to approve the special use permit, not the liquor license, and explained which licenses were quota licenses. Mr. Haberman then summarized the relevant criteria used in approving or denying a permit request. Staff recommended approval with conditions, and added the disclaimer that staff reserved the right to write additional conditions if people came forward and proved they were being adversely affected by the requested use. (10:50 a.m.) Ed Scales, Esq. and Rob Lewis, Esq. were present on behalf of the applicant. Mr. Scales reminded the commissioners that the narrow issue before them was whether the site meets the five criteria for the special use it. (10:53 a.m.) Bruce Beckner,the store manager, was swom and described the size of the store and is area of the store would be dedicated to the sale of alcohol. Mr. Beckner also described the services to be provided and the types of products sold at the store. Approximately fourteen Walgreen's employees were in the audience and were introduced. Mr. Beckn era greed to the conditions in the staff report. (10:58 a.m.) Don Craig, Planner, was swom and presented his education and land use background. Mr. Scales proffered Mr. Craig as an expert. The suburban commercial zoning of the property was explained, and the other liquor licenses issued to properties within proximity to Walgreen's was described. Mr. Craig stated that he did not feel the requested use would have an impact on any properties within 500 feet of the subject property and that the requested use is consistent with the applicable Monroe County land development regulations. (11:05 a.m.) Joaquin Vargas of Traf Tech Engineering was sworn and presented his traffic engineering background. Mr. Scales proffered Mr. Vargas as an expert. Mr. Vargas opined that the application of the liquor sales will have a negligible effect in terms of traffic increase in the area and would not adversely affect the site's compliance with all applicable laws and ordinances from a traffic perspective. Chairman Wall asked for public comment. (11:11 a.m.) Steve Miller, an owner of Big Pine Liquor, stated that he is the requested use will generate traffic in the area. Mr. Miller added that there were too any liquor stores in too small of an area, within five miles, of the subject property. (11:17 am.) Charles Tallent of Big Pine Key stated he welcomes the competition in the area. Mr. Haberman informed the commissioners that there is no criteria relating to number of licenses in the area. Mr. Scales concluded that even though saturation may be an important issue, it is a legislative issue that should be dealt with by the Couty Commission and is not part of the five criteria at issue. Commissioner Cameron asked if a traffic study that included the liquor sales might be warranted. Chairman Wall stated he didn't believe that an additional traffic study would be reasonable. Mr. Haberman agreed that another traffic study was not necessary. Motion: Chairman Wall made a motion to approve the staff report as presented and approve the permit. Commissioner Hale seconded the motion. A poll was conducted with the following results: Commissioner Hale, Yes; Commissioner Cameron, No; Commissioner Lustberg, Yes; Commissioner Werling, No; and Chairman Wall, Yes. The motion passed. 7AN ORDINANCE BY THE UNTY COMMUSSIONERS AMENDING MONROE COUNTY CODE SECTION 101-1, DEFINITIONS, AND SECTION 130-187, MAXEWUM HEIGHT; PROVIDING CONSISTENCY BETWEEN REGULATIONS REGARDING HEIGHT IN THE LAND DEVELOPMENT CODE AND POLICIES REGARDING HEIGHT IN THE COMPREHENSIVE PLAN; PROVIDING CONSISTENCY BETWEEN THE DEFINITIONS OF HEIGHT AND GRADE IN THE LAND DEVELOPMENT CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS AND THE SECRETARY OF STATE; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. (11.32 a.m.)Joseph Haberman presented the staff report. Commissioner Cameron stated that he disagreed with no allowance being made for affordable housing. Chairman Wall commented that he feels the location of the measurement should be changed in the definition of grade. (11:48 a.m.) on Craig, Planner, agreed that the definition of grade should be tightened up. Mr. Craig encouraged the commissioners to change both the definition of height and grade, and to change the criteria that spells out how it is to be measured, and from where, in a comprehensive way. Mr. Craig also encouraged the commissioners to not put limits on alternative energy sources. (11:58 a.m.) John November was present and pointed out that the language related to 44 feet, affordable housing and hotels was never passed by ordinance by a County Commission. Mr. November urged the commissioners to pass the proposed ordinance. Motion. Commissioner Cameron made a motion for approval. Commissioner Hale seconded the motion. There was no opposition. The motion passed unanimously. BOARD DISCUSSION Scheduling of upcoming meetings was discussed. GROWTH MANAGEAMNT COMAMNTS (12:06 p.m.) Mitch Harvey gave an update on the comprehensive plan process. Several complete drafts of the technical document have been received from Keith &Schnars. URNMENT The Monroe County Planning Commission meeting was adjoumed at 12:13 p.m. LAWRENCE P. FRANK EXHlaff SURVEYORS ® ENGINEERS * LAND PLANNERS 83266 OVERSEAS HIGHWAY, ISLAMORADA, FL 33036 Phone (305) 664-0764 FAX (305) 664-0816 w 17 zsg�r A 011423ON OF k4MM"BUSMM coRpMTM OBTIFTED TO' CANDACE A4NS JOB No. k06305 LEGAL DESCRIPTION: SEC. 14, TWP- N &, RGF- 29 E ALL OF LOT 25 AND THE NORTHERLY 24,00' LOT 24 AND THE SOUTHERLY 17XD' OF LOT 26, BLOCK 1, DOCTOR'S MONROE COUNTY. FLORIDA ARM SUBDIVISION, ACCORDING TO THE PLAT MiEREOF; AS RECORDED IN PLAT BOOK 3, PAGE 141 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA. I SUMCT TO AN INGRESS/EGRESS EASDAENT OVER THE WESTERLY 12.00' OF LOTS 23 24. BLOCK 1, AFORESAID DOCTOR'S ARM SUBDIVISION. N SCALE. 1--30' CLF earadeR I^ PYMMS FAIL AWAM90`Dr 0 am Iffiv/ 20'R/W 10.00 (p) *v 156.00' (M. TO SHORELINE) II 1 135 21- (M TO WITNESS) 10.01F OL TO alwaino 14,746 So. FT. /0.3218 ACRE B ® f & 00 Churl 10.00, (P 1 x FML x ci Nor(w T*motam" 04 140.01' (M, To WITNESSsta 177.2' M. TO S ORELINE) 1,4,rff &fir/ Ziff/ C,911AfTY R,9" 66- R/W SURVEYOR'S NOTES: I-) ALL CORNERS FOUND RAW NO NUMBER OESIGNATW.PREMOUS SURVEYOR 00 ANY EXCEPT AS SHOWN. AND DISTANCES ARE MEASURED PER PLAT UNLESS OTHERWISE NOTED, 3'l a=NM OLGR No ENCROACHMENTS. FOUNDATIONS OR UTILITIES HAVE BEEN LocATED OR SHOWN.UNLESS OTHERWISE NOTED. 4. NO INSTRUMENTS OF REOORD REFLECTING EASNUM RIGHTS-OF'-WAY AND/ OWNERSHIP WERE FURNISHED THIS SURVEYOR EXCEPT AS SHOWN HEREON. B,�ELEVA71CIN QAnJM N-CIVb. 1029. 1&&L i- O.C.BENCHMARK.• FL419M SM, a".-ICL42 S. BASS OF SEARING: LOT ANGLES- Kroo'00r,NORTH SCALED FROM PLAT. S. THIS IS TO CER71FY THAT I HAVE CDNSULTED THE FEMAL.INSURANCE ADMINISTRATION FLOOD HAZAFm BOUNDARY MAP, OOMMUNITY No.125129, PANEL No.1328 K. EFFECTIVE DATE 2 5. ANO THE HEREON OE BED PROPERTY APF%EARS TO BE IN ZONES AE & VE, WITH A SASEM91 All 0145 OF 10' & 11' M.&L ABBREVIATION LEGEN6: CER71FTED FOR BOUNDARY SURVEY F.I.R FOUND IRON ROD, SIZE INDICATED SEC. SECTION SJ,P. SET IRON PIPE, 1/2• P.L& paig TWP. TOWNSHIP I HEREBY CER71FY THAT THIS SURVEY MEETS THE Momum F.IP- FOUND IRON PIPE, SIZE INDICATED RW- RANGE TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA F.N.O.N FOUND MAIL AND DISK O BOARD OF PROFMONAL SURVEYORS AND MAPPERS IN S.N.O. SET NAIL AND DISK, P.L.S. #4619 1 PI CHAPTER 7-6. FLORID ADMIMSIRA71YE CODF- F.C.M. FOUND OONCIRETE MONUMENT M MEASURED PURSU SECTION 472L27. FLORIDA STATUTES. P.R.M. PERMANENT REFERENCE MONUMENT C CALCULATED P.C.P. PERMANENT CONTROL POINT CONC- CDNCRETE PJ. POINT OF INTERSEC71ON cov, COVEIIED ed for arc tea only 12/4,/08 P.C. PONT OF CURVE ASPH. ASPHALT � p P.D.B. POINT OF BEGINNING PVMT. PAVEMENT LAWRENCE P. FRANK P.LS. #4619 DATE. 10/6/06 R/W RIGHT-OF-WAY ELEV. ELEVATION TYP. TYMCAL NOT VALID UNLESS SEALED i i ! j WOUFFER , 1 , I I L I i I I I ' I 41 I I ' ' I 'CD I -a tee I I I I I I I Isova I I I I 10 I ey Ia I I — — — — — — — — — i -W;!ASCE j-02 ND VELOCFTY 175 MPWH IC EYPOSURE CATEGORY 0 IMPORTANCE I FACTOR = 1.00 LEGAL DESCRPTION Kzt - 1.00 ALL OF LOT 26 AND THE NORTHERLY 2 AND THE SOUTHERLY 17.W OF LOT 2E INTERNAL PRESSURE COEFICIENT ® la DOCTORS ARM SUBDMSION,ACCORII PLAT THEREOF;AS RECORDED IN PLK PAGE 141 OF THE PUBLIC RECORDS o COUNTY,FLORIDA. OWNER- ANN$RESIDENC LOM25&24&2 KEY LARGO,PLC §MUCTURES- BULDINGAREA t9l_OOVERAGE- NETLANDAREA GENEERiAL NOTES: I SOQVEP�AGE �FFSDENOVjBLDC GRAVEL DRVEW CONCRETE COMPFOSM 8TFEWTHFb-4=Po ATUA)P MAELD NNIMUM AT 28 DAM WWW" go FEINFORCINGSTEELAM"aGRADEGO D19RMW AREA OOVER. FOOTIN(MAGAMEAM --y FOOTIMS IN F0F*A_r SEMOACOLIUMNS-p OPEN LANDSCAPE ARI SLAMTEMORMNIFACE4W EXTSUM IRMACE-I CAST AGAAW EAM- SPLICE18:30mokmm 3)CONDWE WAONRY WMASTM 04K�W F;GEN ��NOTFS; DAYa Fin-IWO POI Q ALL STRAM BRACKM ComAMTOpA M TO BE PROJECT. AKINS RESIDENCE SUPPUED By SOUTHEASTM MErms oR EmAq� PHONE NO.09)34zlzm PROJECT NU 1 a)AMFABWATWANCH0R87OoE�W_W Q&VAtSMO PER ASTM AWS OR grAMESS87MR- NETLOTAREA - 14,781 Fb-1250 F8 Aft.E-11 ML PS 7)BE BEAM CORINIM OAM ammL Up IV WX IMPEF11OUS AREA - 2lPr3 CALCULA11ON: 2,975/12-247 CF RE _gRAINAg�PROVIDED- ROGO- ARF]A +10 POINTS —PLATTED SUBDM510N OF 64T +1 POINTS —GROUP I HABITAT _ODSF +2 POINTS —WIND LOAD RATING 175 MPH PER ASCE 7-02 MTAL PROMDED +1 POINTS ULTRA LOW VOLUME PLUMBING FIXTURES 1.6 GAL —FLUSH TOILETS, 2.0 GPM FAUCETS, 2.5 GPM SHOWSF H EADS +1 POINTS —SEER RATING >1 2 +1 POINTS —SECONDARY WATER SDURCE 2,500 GALLON CISTERN +1 POINTS —HEAT RECOVERY AC — ALTERNATIVE ELECTRICITY 4V4l'ToPuwI*ff I W TOP Yom +I POINTS —EXCEED FLOOD ELEVATION BY 13 INCHES I"BOT UDIamr iad —6 POINTS —VE ZONE TOTAL 12 POINTS I ri &DEPIN SWALEAMAEA WHOFILL WTwum SWALE#1 SEC71c FEW AND LID 35OWD�PS$ CD�NCRETE 02/070939 1009 FEALTY QPi irMN i 'l �roOwa MGM NMKNW If 00 ROUNQ MOOMM CO MUXMMr AM rw "em a r w&aumo Awi U4 idrt K+ rvdae — -—im ---- , 3 hNvew xro c►M wo,ow so vy Dqu MO burr to faro Wv Saw NW Rgxrly+so Anq*Agmj pow** •+koparly� MMAnt Io thf forma and arxrdtam d true QaAred for SOW ud Rfuhm and ON*n AW addktda PCorbuar� 6 L DABNOStnMoNk b' (Oak I.apl aSatcaigdori of ifta PIS banked l+^,. - Ana Cce,r,,Y.Fraida �.� 7' _ 9 4 NNW*PUMA kmdm tb W%rom*f MvIrewscsertwtdlerpg*wv trft qv t+dwox and wttdar h.dirmrtrl Am to spectMo1yoxIL&Fybo" It- Omar hrrw rtduded ex 12* Is, ten►o�ft—,IW,KAMY Ind Macao d ter,z 411A ad id ow -- — _ — — tb•IL puff sw FFMX tm onrrvAy .......................................................... r6 taAlAlfiN* a r ad ups No tt mar C8 GdTSK A% M M . u+r d ksrrdvr.►wtt a�a.�r�rF L�_ Seay.A�alrearreR �If,swQ,.�Ofr�72, 10• q frairnr now dIP+Job*reec a to&0nv RPA 0WO—dr..f."W%W 00011r.000d...-. 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N Me buyer&V 604w cannot I on the ckwk�j dacumrnto w7tA6t t 0 days hnno e/lectlw Ufa this tanbsrt�Y+d ba ouN Ind vo:d and•th�au�s aacrow raturn�d m lhu ou�tr,_ This ftpntwt is cort nrecudon of dm Csnceltitlon urd AMerse nl Cwtmct of prwrriurc r+kan _oo k*C bvt~M*Pgk cy nkueb Mt.bnd AA*W.Mhj rol""dv De 41 c L__-j rind 3.Ifw ncypt of a tuFy 07 fin a T f 4tU- Orr 4W) A] 7 PWO AMM. W io M 6s«»w b nr.w&.*-M U+i1 a eYl;�Pr L��.xl'H .tT]r•162� ldtwwo 16M"ded ranndt:o Do07 SSW Aot ww,teo.("I)Tm4w LfzN1tr. :._.-.of Rrtfr,�rJtx7:ky. .- 12r'S7/2(fi� 15.09 Y-306-453-4268 PFA!:TY OPTIONS PAGE 07 s w i kmhurr a BUY IA HAVtr TM O)!'lOR TUNffy tp haW Uaipeoliotn p4rf*MW per#Wdkrdi FCC"06'PI"ofthr R;ARIIW*Corrtlttat f W tale turd Pwcimmo to a pw tfz'AS is or ANK Wdy RW PMVO XIV- Itttpsetia,a R�rlpd rrtd Ri3jMt to C�amd prerldaa�,�PM/RlAR"Ai r.�conttr+ct As Rteall+ori,We Om nd en#RWWS, ,p►kftft ODON40 i Of tAtrwpon and r tnrelt n*Ottterwtle DM%"W to mp,mid wChAw itgoa ultd MaMm of tlta property, sAL99PBX141W EW ADVniLD 1111 R to POSM24 varll r all tow obWA the Ar4=tY that an Imps to buyer mmioaug bd not Nt W to slab.Rood m m rand Iteurratnr,omw or reptio ayaMm4 dapih of rA"ae0pi,xoniz><,vada rlefadortr or neabiatt"turd all dnvatrilittt regulation oampl mm vim Rafw to L'EO=9uyer'a Real Pro"Bala Dlaalemrs for.dNoad Itrlhr�.rhh dte Iowa" w d plums 11wnbar ajf ugatda to oantmL 'ha*&msfi4*rofatlrts to the prop"rn^t nW to k>ta bays rur bow ebtabrrd imm ttla mow,and dw paMW raow,4 b■t pklpwom Lai m prrrtoaldty verifJad 20 the iNbfltl W(M VA emtnol Vol h for fttr tt0o XWY. ALL BUYERS An UR40W to have Nly and ill impe dWlfi 60 thq feel era Owxuary to evalutta tha punhau of property suoh eu a boundary survey,kmd use,flood pane,eta. If tt hoyet lily to arrrat¢e for mb tatpeotiom In a ttn tfy rwner,rho buyer&Wm{M he/she ebNl be deernod tD have wmived such Ko and Nl,rwim,if applitrble,oy tubmagy mt ddms for ropdr ar damager per prt graph XI V of the FAR/BAR"As to"cam=or atandudt C,D do N of the FAR/BAR TAnM et for Sda Pamha+e," Any+��a hrtant dif`rga disolo>.pd by tits cellar aK ditilleed blow by t[fe Getter at in ltta attaafted 8alkr Dtoctaauta 94t1sCrMnt Orharw ,mdw bal not" Ow the ttcbm KaLkm P(ir4 Iriorrw d&rts. 4 a SrI lera rnlHah Batt &qw Dow D,rm D2/01 LIOd OtLbZL9 «00(:9559145 sail OGSO 96-10-M Doc# 1734586 03/17/200S 11:52AM Piled d Recorded in Official Retards of MONROE COUNTY DANNY L. KOLHPGE 03/17/2009 11:52AM Prepared by and Return to INTRNG18LE TAX C1.: TRINA $1,060.00 Virginia Pennell MORTGAGE 00C STAMP CL. TRINA$1,8S9.00 Sunsbine Tit le of the Keys,lnc. P.O.Sax 1984 Key Largo,Florida 33037 Doca 1734588 8kN 2404 Pgp 842 MEMORANDUM OF CONTRACT FOR DEED This Memorandum of Contract for Deed is entered into by and between John W. Akins and Glenda Akins, husband and wife and John K. Akins,a single man("Seller")with an address of P.O. Box 246, Key Largo, Florida 33037,and Carlayne Holloway, a single woman("Purchaser")with an address of 220 Australian Avenue,Palm Beach,Florida 33480. 1. DEMISE.By a certain Contract for Deed dated April 1, 2009(the "Contract for Deed")between Seller and Purchaser, Seller has agreed to Sell to Purchaser,and Purchaser has agreed to buy from Seller,the Premises described as follows: Lots 19, 20, 21,22,23,24,25, 26,and 27, Block 1,DOCTOR'S ARM SUBDIVISION, according to the Plat thereof as re corded in Plat Book 3,Page 141,of the Public Records of Monroe County, Florida. Alternate Key Numbers: 1382396, 1382370, 1382353, 1382337, 1382329 and 1382311. All provisions of the Contract for Deed are incorporated herein by reference. 2. TERM. The term of the Contract for Deed is three years, commencing on April 1, 2009 and ending on March 1, 2012. 3. ADDITIONAL PROVISIONS as contained in Contract for Deed and incorporated herein by reference. 1N WITNESS WEREQF', this Memorandum of Contract for Deed is executed on the — day of March, 2009. Execut in the presence of: Seller ss as to Seller Jdhn W. Akins it s as S ler Glenda Akins ess as Se cr Zoh K. Akins itne s to Seller �- U o Mal ;a Doc# 1734588 9kU 2404 PgO 843 Purchaser Witness as to Purchaser carlayde Holloway W' ness as to Purchaser State of California County of The foregoing instrument was sworn to and acknowledged before me this day ofM ;2409 by John W. Akins and Glenda Akins,who have produced—rE prcveA L4 as identification or who are personally known to me. t A.Ri Ro co-r t,on 19212t ofty P *Pugb�lic — 00M-EX"$*P5,201acZT5-m—M1ySi1s-idM' ex5o7; q-07 ro State of Florida County of Monroe The foregoing instrument was sworn to and acknowledged before me this IL_day oQAeIL�2009 by John K. Akins,who has produced iSa"� �., ee�;S�_as identification who is personally known to me. my �. = �0.�' dotary u lic os My commission ex y State of Florida County of Palm Beach The foregoing instrument was sworn to and acknowledged before me this 6 day of ,,, 2009 by Carlayne Holloway,who has produced fL &,,.,L,r� ;, as identification or who is personally known to me, WFr K +�ssM#Dom ExPiRMOMW26.2010 eoa,c��rmry�x Notary Public,, My commission expires: MONROE COUNTY OFFICIAL RECORDS CONTRACT FOR DEED THIS DAY this agreement is entered into by and between John W. Akins and Glenda Akins, husband and wife and John K Akins a single man hereinafter referred to as "SELLER", whether one or more,and Carlayne Holloway, a single woman hereinafter referred to as "PURCHASER", whether one or more,on the terms and conditions and for the purposes hereinafter set forth: I. SALE OF PROPERTY For and in consideration of TEN DOLLARS ($10.00) and other good and valuable considerations the receipt and sufficiency of which is hereby acknowledged, Seller does hereby agree to convey, sell, assign, transfer and set over unto Purchaser,the following property situated in Monroe County,State of Florida, said property being described as follows: See legal description attached hereto as Exhibit"A" Alternate Key Ws 1382396, 1382370, 1382353. 138,2337, 1382329.and 13,82311 Together with all rights of ownership associated with the property,including,but not limited to, all easements and rights benefiting the premises, whether or not such easements and rights are of record, and all tenements, hereditaments, improvements and appurtenances if any, and structures now on the premises. SUBJECT TO all recorded easements, rights-of-way, conditions, encumbrances and limitations and to all applicable building and use restrictions, zoning laws and ordinances, if any, affecting the property. 2. PURCHASE PRICE AND TERMS The purchase price of the property shall be$550,000.00. The purchaser does hereby agree to pay to the order of the Seller the sure of Twenty thousand and no/100 Dollars ($20,000.00)upon execution of this agreement, with the balance of$530,000.00 being due and payable as follows: Contract for Deed Balance payable, together with interest on the whole sum that shall be from time to time unpaid at the rate of 5.0 per cent, per annum, payable in the amount of 53,250.00 dollars per month beginning on the I st day of April, 2009, and continuing on the same day of each month thereafter until the 1 st day of March, 2012, when all remaining principal and interest shall be paid. (Balloon payment) Interest shall be computed monthly and deducted from payment, and the balance of payment shall be applied on principal. See attached amortization schedule marked exhibit AA. Two additional lump sum principal payments shall be made by the Purchaser for the benefit of the Seller to, and for disbursement by, Sunshine Title of the Florida Keys, Inc. its successors and/or assigns at PO Box 1984, Key Largo, FL 33037, as follows: 1. Payment##1, in the amount of$35,000.00 shall be paid on August 31,2009. 2. Payment 42, in the amount of$50,000.00 shall be paid on June 30, 2010 3 . TIME OF TEE ESSENCE Time is of the essence in the performance of each and every term and provision in this agreement by Purchaser. 4. SECURITY This contract shall stand as security of the payment of the obligations of Purchaser. Possession of the property will also be considered the security for the Contract for Deed. 5. MAINTENANCE OF IMPROVEMENTS All improvements on the property, including, but not limited to, buildings, trees or other improvements now on the premises,or hereafter made or placed thereon, shall be a part of the security for the performance of this contract and shall not be removed therefrom. Purchaser shall not commit,or suffer any other person to commit, any waste or damage to said premises or the appurtenances and shall keep the premises and all improvements in as good condition as they are now. 2 - Contract for Deed �l 6. CONDITION OF IMPROVEMENTS Purchaser agrees that the Seller has not made, nor makes any representations or warranties as to the condition of the premises, the condition of the buildings, appurtenances and fixtures locate thereon, and/or the location of the boundaries. Purchaser accepts the property in its "as-is" condition without warranty of any kind. 7. POSSESSION OF PROPERTY Purchaser shall take possession of the property and all improvements thereon upon execution of this contract and shall continue in the peaceful enjoyment of the property so long as all payments due under the terms of this contract are timely made. Purchaser agrees to keep the property in a good state of repair and in the event of termination of this contract; Purchaser agrees to return the property to Seller in substantially the same condition as it now exists, ordinary wear and tear excepted, Seller reserves the right to inspect the property at any time with or without notice to Purchaser. S. TAXES,_I_NSURANCE AND ASSESSMENTS 'Faxes and assessments:During the term of this contract: (a) Purchaser shall pay all real property taxes and assessments levied against the property after tax year 2009. (b) Purchaser and Seller shall pay equally one half of all real property takes and assessments levied against the property for the tax year 2009. With notice from Seller, Buyer shall make payment to John K. Akins at P.O. Box 246,Key Largo, Florida 33037, on or before December 31, 2009. Should the Purchaser fail to pay any tax or assessment, or installment thereof,when due, Seller may pay the same, and the amounts thus expended shall be a lien on said premises and may be added to the balance then unpaid, or collected by Seller,in the discretion if Seller with interest until paid at the rate of the 5.0 per cent per annum. 3 - Contract for Deed 9. DEFAULT If the Purchaser steal I fail to perform any of the covenants or conditions contained in this contract on or before the date on which the performance is required, the Seller shall give Purchaser notice of default or performance, stating the Purchaser is allowed fourteen (14) days from the date of the Notice to cure the default or performance. In the event the default or failure of performance is not cured within the 14 day time period,then Seller shall have any of the following remedies, in the discretion of Seller: (a) give the Purchaser a written notice specifying the failure to cure the default and informing the Purchaser that if the default continues for a period of an additional fifteen (15) days after service of the notice of failure to cure,that without further notice, this contract shall stand cancelled and Seller may regain possession of the property as provided herein; or (b) give the Purchaser a written notice specifying the failure'to cure the default and informing the Purchaser that if the default continues for a period of an additional fifteen(I 5) days after service of the notice of failure to cure, that without further notice, the entire principal balance and unpaid interest shall be immediately due and payable and Seller may take appropriate action against Purchaser for collection of same according to the laws of the State of Florida. (c) Seller can accelerate the entire balance owed. In the event of default in any of the terms and conditions or installments due and payable under the terms of this contract and Seller elects 9(a), Seller shall be entitled to immediate possession of the property. In the event of default and termination of the contract by Seller, Purchaser shall forfeit any and all payments made under the terms of this contract including taxes and assessments as liquidated damages. The parties expressly agree that in the event of default not cured by the Purchaser and termination of this agreement, and Purchaser fails to vacate the premises, Seller shall have the right to obtain possession by appropriate court action. 4 - � J + I Contract for need - , 10. DEED AND EVIDENCE OF TITLE Upon total payment of the purchase price and any and all late charges, and other amounts due Seller, Seller agrees to deliver to Purchaser a Warranty Deed to the subject property, at Seller's expense, free and clear of any liens or encumbrances other than taxes and assessments for the current year. 11. NOTICES All notices required hereunder shall be deemed to have been made when deposited in the U. S. Mail, postage prepaid, certified, return receipt requested, to the Purchaser or Seller at the addresses listed below. All notices required hereunder may he sent to: Seiler, John Akins PO.Box 246 Ka Largo, FL 33037 Purchasers Carlayne Holloway, 220 Australian Ave Palm Beach FL 33480 and when mailed,postage prepaid,to said address, shall be binding and conclusively presumed to be served upon said parties respectively. 5 - Contract for Deed 12. ASSIGNMENT OR SALE With written permission form the Seller, Purchaser may assign, transfer or convey any interest in the subject property or this agreement but not be released from liability. Such written permission shall not be unreasonably withheld. In event of the sale of this property the note will be due and paid in full with transfer of deed. 13. PREPAYMENT Purchaser to have the right to prepay, without penalty, the whole or any part of the balance remaining unpaid on this contract at any time before the due date. 14. ATTORNEY FEES In the event of default, Purchaser shall pay to Seller, Seller's reasonable and actual attorneys' fees and expenses incurred by Seller in enforcement of any rights of Seller. All attorney fees shall be payable prior to Purchaser's being deemed to have corrected any such default. 15. LATE PAYMENT CHARGES If Purchaser shall fail to pay, within fifteen (15) days after due date, any installment due hereunder, Purchaser shall be required to pay an additional charge of five (5%) percent of the late installment. Such charge shall be paid to Seller at the time of payment of the past due installment. 16. CONVEYANCE OR MORTGAGE BY SELLER If the Seller's interest is now or hereafter encumbered by mortgage, the Seller covenants that Seller will meet the payments of principal and interest thereon as they mature and produce evidence thereof to the Purchaser upon demand. In the event the Seller shall default upon any such mortgage or land contract, the Purchaser shall have the right to do the acts or make the payments necessary to cure 6- Contract for Deed , `` such default and shall be reimbursed for so doing by receiving, automatically, credit to this contract to apply on the payments clue or to become due hereon. The Seller reserves the right to convey,his or her interest in the above described land and such conveyance hereof shall not be a cause for rescission but such conveyance shall be subject to the terms of this agreement. The Seller may, during the lifetime of this contract,place a mortgage on the premises above described, which shall be a lien on the premises, superior to the rights of the Purchaser herein, or may continue and renew any existing mortgage thereon, provided that the aggregate amount due on all outstanding mortgages shall not at any time be greater than the unpaid balance of the contract. The Seller shall notice Purchaser in advance of any changes and/or additions to the existing mortgage. Said notice shall be provided a minimum of fifteen days prior to such change or addition. 17. ENTIRE AGREEMENT This Agreement embodies and constitutes the entire understanding between the parties with respect to the transactions contemplated herein. All prior or contemporaneous agreements, understandings,representations,oral or written, are merged into this Agreement. 19. AMENDMENT—WAIVERS This Agreement shall not be modified, or amended except by an instrument in writing signed by all parties. No delay or failure on the part of any party hereto in exercising any right, power or privilege under this Agreement or under any other documents furnished in connection with or pursuant to this Agreement shall impair any such right,power or privilege or be construed as a waiver of any default or any acquiescence therein. No single or partial exercise of any such right, power or privilege shall preclude the further exercise of such right, power or privilege, or the exercise of any other right, power or privilege. No waiver shall be valid against any party hereto unless trade in writing and signed by the party against whom enforcement of such waiver is sought and then only to the extent expressly specified therein. Contract for Deed " / /1.4 f r 19. SEVERABILITY If any one or more of the provisions contained in this Agreement shall be held illegal or unenforceable by a court,no other provisions shall be affected by this holding. The parties intend that in the event one or more provisions of this agreement are declared invalid or unenforceable, the remaining provisions shall remain enforceable and this agreement shall be interpreted by a Court in favor of survival of all remaining provisions. 20. HEADINGS headings contained in this Agreement are inserted for convenience of reference only, shall not be deemed to be a part of this Agreement for any purpose, and shall not in any way define or affect the meaning,construction or scope of any of the provisions hereof. 21. PRONOUNS All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular, or plural, as the identity of the person or entity may require. As used in this agreement. (1)words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender, (2) words in the singular shall mean and include the plural and vice versa,and (3) the word "may" gives sole discretion without any obligation to take any action. 22. JOINT AND SEVERAL LIABILITY All Purchasers, if more than one, covenants and agrees that their obligations and liability shall be joint and several. i Contract for Deed 23. PURCHASER'S RIGHT TO REINSTATE AFTER.ACCELERATION If Purchaser defaults and the loan is accelerated,then Purchaser shall have the right of reinstatement as allowed-under the laws of the State of Florida,provided that Purchaser: (a) pays Lender all sums which then would be due under this agreement as if no acceleration had occurred;(b) cures any default of any other covenants or agreements; and (c)pays all expenses incurred in enforcing this agreement, including, but not limited to, reasonable attorneys'fees,and other fees incurred for the purpose of protecting Seller's interest in the Property and rights tinder this agreement. Seller may require that Purchaser pay such reinstatement sums and expenses in one or more of the following forms, as selected by Seller: (a)cash, (b)money order,(c) certified check, bank check,treasurer's check or cashier's check,provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity or(d) Electronic Funds Transfer. Upon reinstatement by Purchaser, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. 24. HEIRS AND ASSIGNS This contract shall be binding upon and to the benefit of the heirs, administrators, executors, and assigns of the parties hereto. However, nothing herein shall authorize a transfer in violation of paragraph(12). ale �w Contract for Deed WITNESS THE SIGNATURES of the Parties this the C day of March, 2009. Signed,sealed and delivered in our presence: Witness as to Carlayne Holloway Purcha r: Carlayne Hoi oway Print Name: Qrl.f tness as eCarlayne Holloway Seller? John W. Akins Print Name: �JrZ f bxrm itness as to, hn W, & Glenda tins { Seller: Glenda Akins Print Name;4v,6 �-- ess as to Jo W. & Glenda Al n Sler.John K.Akins Print Name:—r aY� 'e�4 Witness as to John K. Akins Pri Name: L L Witness S John K, Akl Print Name: ;- 10- Contract for Deed STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this � day of March, 2009, by CARLAYNE HOLLOWAY, a single woman., who is personally known to me or who has produced (type of identification) as identification. my comwSSION r Do 2( W Notary Public �� J i' eo�uoe'rh+u ww�y c Un�6rmt ��`L!Y �(;•�.«1 Hy�E}'Printed Name, My Comm, expires: i G'�11 1 Commission 66 75 G 9 STATE OF CALIFORNIA COUNTY OF Sa6- b! The foregoing instrument was acknowledged before me this lo' "day of March, 2009, by J'OHN W. AKINS and GLENDA AKINS, husband and wife who are personally known to me or who have produced E- T) + rce-VIC£? (type of identification) as identification. No a ublic Prin ed Name: —TA I My commission expires: Commission# �1.2-l �� Y Pvbilc-CNa P Cow Y COMM. Vltof sop 5s 2010 - 11 - Contract for Deed STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this day of March, 2004, by JOHN AKINS, a single man, who is personally known to me or who has produced stype of identif cation) a �dentificatio Notary Pub 'c �,��►1�1►��i*����������• Printed Name: My commission expires: . ` f�o'•�' . •h,_ Commission# s% Seller(s) Name and Address Buyer(s) Name and Address Name: John W Akins& Glenda Akins and Flame: Carlayne Holloway Jahn K Akins Address: PO Box 246 Address:220 Australian Ave City: Key Largo City: Palm Beach State: FL Zip:33037 State, FL Zip:33480 Phone: (305) 942-7333 Phone: (561) 655-6300 I2 - 1 Contract for Deed % Exhibit "A"' Legal Description for File No.: 0902430 Lots 19, 20, 21, 22, 23, 24, 25, 26 and 27, Block 1, DOCTOR'S ARM SUBDIVISION, according to the Plat thereof as recorded in Plat Book 3, Page 141, of the Public Records of Monroe County, Florida. ELllMI "AA" Date # Payment Interest Principal Balance 4/1/2009 1 3250 2208.33 1041.67 528,958.33 5/1/2009 2 3250 2203.99 1046.01 527,912.32 6/1/2009 3 3250 2199.63 1050.37 526,861,95 7/12/009 4 3250 2195.26 1054.74 525,807.21 8/112009 5 3250 2190.86 1059,14 524,748,07 9/1/2009 6 3250 2186.45 1063.55 523,684.52 Payment#1 8/31/2009 35,000,00 488,684.52 10/1/2009 7 3250 2036.19 1213.81 487,470,71 11/1/2009 8 3250 2031.13 1218,87 486,251.84 1211/2009 9 3250 2026.05 1223.95 485,027.89 1/1/2010 10 3250 2020.95 1229.05 483,798.84 2/1/2010 11 3250 2015.83 1234.17 482,564.67 3/1/2010 12 3250 2010.69 1239,31 481,325,36 4/1/2010 13 3250 2006,52 1244.48 480.080.88 5/1/2010 14 3250 2000-34 1249.66 478,832,22 6/1/2010 15 3250 1995.13 1254.87 477,576,35 7/1/2010 16 3250 1989.9 1260.1 476,316.25 Payment#2 6/1/2010 50,000.00 426,316,25 8/1/2010 17 3250 1776.32 1473.68 424,842.57 9/1/2010 18 3250 1770.18 1479.82 423,362.75 1011/2010 19 3250 1764.01 1485.99 421,876.76 11/1/2010 20 3250 1767.82 1492.18 420,384.58 1211/2010 21 3250 1751.6 1498.4 418,886,18 1/1/2011 22 3250 1746.36 1504.64 417,381,54 211/2011 23 3250 1739.09 1510.91 415,870.63 3/1/2001 24 3250 1732.79 1517.21 414,353.42 4/112011 25 3250 1726.47 1523.53 412,829.89 5/1/2011 26 3250 1720.12 1529.88 411,300.01 611/2011 27 3250 1713.75 1536.25 409,763,76 7/1/2011 28 3250 1707.35 1542.65 408,221,11 8/1/2011 29 3250 1700.92 1549.08 406,672.03 9/1/2011 30 3250 1694.47 1555.53 405,116.50 10/1/2011 31 3250 1687.99 1562.01 403,554.49 11/1/2011 32 3250 1681.48 1568.52 401,985.97 12/1/2011 33 3250 1674.94 1575-06 400,410.91 1/1/2012 34 3250 1668,38 1581,62 398,829,29 2/1/2012 35 3250 1661.79 1588.21 397,241.08 3/1/2012 36 3260 1665.17 1594.83 395,646,25