Item Q5 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 Lot 23 and SLY 26 Ft Lot 24,Block 1,Doctors Arm,Big Pine Key,
Real Estate Number 00310240.000000. Applicants requested relief in the 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 HI-A area(special protection area); or
d. A designated tier III area on a nonwaterfront lot suitable for affordable housing.
(2) Grant the applicant an allocation award for all or a number of dwelling units requested in the next
succeeding quarterly allocation period or extended pro rata over several succeeding quarterly allocation
periods as the preferred action for buildable properties not meeting any of the criteria in subsection (/)(1)
of this section.
(3) Suggest or provide such other relief as may be necessary and appropriate.
The property is in Tier 2. The property is 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#26 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#
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: Townsley Schwab,Director of Planning&Environmental Resources
Date: November 16, 2012
Subject: Request for Administrative Relief for Akins
Lot 23 and SLY 26 Ft Lot 24, Block 1,Doctors Arm,Big Pine Key,
Real Estate No. 00310240.000000
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#26 in Quarter 1 Year 21.
29
Page 1 of 6 Reviewed by
07100479
I H. CURRENT CONDITIONS
2
3 Location: Lot 23 and SLY 26 Ft Lot 24, Block 1, Doctors Arm, Big Pine Key,
4 Real Estate No. 00310240.000000
5
6 Owner: John W. &Glenda Akins and John K. Akins R/S
7
8 Applicant/Agent: 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: $72,308 .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 A. H Value
44 The H value for parcel 00310240-000000 is 0.0011, and mitigation for this parcel, if it
45 were to be developed with a single family residence, would be 0.0033. As of December,
46 2011 (the date of the last monitoring period), covered activities had consumed 0.3694
Page 2 of 6 Reviewed by
07100479
1 (33% of authorized impact under HCP) and mitigation acquired was 2.105 (63% of total
2 required for life of HCP). Factoring in pending permits(allocations and permits currently
3 on hold) and parcels currently competing in ROGO, and the total potential H impact for
4 all current applications for development would be 0.6584 and the mitigation necessary to
5 compensate for this level of impact would be 1.97 H. As stated previously, the County
6 has already acquired 2.1054 H, and the BOCC recently authorized the Land Authority to
7 purchase parcels from the Nature Conservancy that collectively have a H value of 0.1915
8 resulting in a total mitigation H total of 2.297(see table below).
9
Summary of H impacts and mitt ation June 8 2012
Cumulative H impact 0.3694
Pending H impact 0.2361
Competing Compefmg ROGO H impact 0.0529
TOTAL POTENTIAL H impact 0.6584
Mitigation Required 1.97515293
Current Mitigation Acquired 2.1054
Mitigation Pendin (INCparcels) 0.1915
Current+Pending Mitigation 2.2969
10
11 See Exhibits A-K attached relevant to the above information in Sections I,H, and M.
12
13 IV. Previous Action by Owner
14
15 Four contiguous parcels were submitted into ROGO on June 12, 2007. One of the properties
16 (RE# 00310220.000000) was mistakenly marked by the surveyor as being in the AE flood zone
17 and scored as AE. The subject property was clearly marked as VE on the applicants' own survey
18 and site plan. It was similarly scored, although the property was actually in a VE zone, requiring
19 a deduction of 4 points The property owner was notified of the scoring error on all four parcels
20 by letter dated April 27, 2009,by certified mail, which receipt was returned as received (Exhibit
21 L). Four more quarterly allocations by the Planning Commission were made in 2009-10 using
22 the correct points moving the properties down on the ranking list from 22, 23, 24, and 25 to 40,
23 41, 42 and 43 at the time of the appeal to the BOCC which was filed after the March 10, 2010
24 Planning Commission rankings. The property owner(s) ("Applicant") filed an appeal to the
25 Board of County Commissioners (BOCC)pursuant to Sec. 138-1(a) of the Monroe County Code,
26 which allows appeals from the quarterly ROGO awards by the Planning Commission to the
27 BOCC. The appeal alleged non-receipt of the notification letter lowering the scores on the
28 ROGO application. The appeal was scheduled for July 21, 2010, before the BOCC but was
29 withdrawn by the applicant and was not rescheduled by the applicant. No appeals have been
30 received by the Department from any other Planning Commission ranking for other quarters.
31 (See Exhibits K O)
32
33 In October, 2010, the applicant, represented by the Law Firm of Ray Garcia, requested a
34 continuance of the next Planning Commission public hearing for ROGO Allocations scheduled
35 for October 6, 2010. The public hearing for Big Pine Key and No Name Key was continued
36 until October 19, 2010, at which time Attorney Alexis Rodriguez appeared on behalf of Mr.
Page 3 of 6 Reviewed by
07100479
1 Akins asking for an extension to contest the flood plain points. The Planning Commission
2 accepted the staff recommendation to approve the rankings. (See Exhibits P-L)
3 The chart below shows a chronology of activity related to the subject application.
4
Application No. 07100479
Real Estate No. 00310240.000000
Building Application Date for Single- Jan.31,2007
Family Residence
The Applicants Building Plans Pre Tier System minus 6 for VE flood zone
indicated flood zone deduction points
Survey from Lawrence P.Frank Entire property in VE zone.
dated Dec.4,2006 indicated
property flood zone.
Building Department reviewed plans Reviewed for VE zone construction
for AENE Zone construction.
Building Department forwarded June 6,2007
application to Planning to contact
applicant to enter ROGO.
Date ROGO Application submitted June 12 2007
Initial scoring of ROGO Application ROGO Application scored as if in AE Zone
for Quarter that closed July 2007.
Scoring Error discovered Early 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 Planning Commission Approved Resolution P08-12,March 28,2012
continued with correct points
Page 4 of 6 Reviewed by
07100479
ROM Rankings Quarter 3 Yr 20 As of this report the rankings are pending review.
continued with correct points
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
i
n
12067C132aIC oq ��
G
p
Subject Property(outlined in blue)(2012)
24 White line shows separation of the AE Flood Zone and VE Flood Zone
25
26 The subject property was marked VE by the surveyor. The VE designation for the subject
27 property was/is correct. When development is proposed in the VE zone, the application
28 receives a 4 point deduction. The applicant's plans show a single family residence in the VE
29 zone. (See Exhibit V)
30
31 The applicants are requesting that the BOCC determine the flood zone. The request is not
32 appropriate since the BOCC does not determine flood zones and does not have the authority
33 to revise flood zone designations. The Federal Emergency Management Agency (FEMA)
34 determines the flood zones. The applicant would need to investigate the criteria to change
Page 5 of 6 Reviewed by
07100479
I the VE flood zone designation. Property owners may seek a Letter of Map Revision(LOMR)
2 requesting a revision showing their property is located in a different flood zone. (There has
3 been a property in Doctors Arm that obtained a LOMR.) The applicants may contact Mary
4 Wingate, Senior Floodplain Coordinator, for additional information regarding this process.
5
6 Relief Options under Administrative Relief:
7 The remedies available to the Board of County Commissioners for Administrative Relief
8 pursuant to Section 138-27 include:
9
10 a. Offer to purchase the property at its fair market value as its preferred action if the
11 property is located within: a) a designated Tier I area; b) a designated Tier II area
12 (Big Pine Key and No Name Key); c) a designated Tier III-A area (Special
13 Protection Area); or d) a designated Tier III area on a non-waterfront lot suitable
14 for affordable housing.
15 b. Grant the applicant an allocation award for all or a number of dwelling units
16 requested in the next succeeding quarterly allocation period or extended pro rata
17 over several succeeding quarterly allocation periods as the preferred action for
18 buildable properties not meeting any of the criteria in(1)above.
19 c. Suggest or provide such other relief as may be necessary and appropriate.
20
21 The Administrative Relief sought by the applicants requesting the scoring to reflect the points
22 entitled to properties located within the AE flood zone is inappropriate. The BOCC cannot
23 change the flood zone. Because the proposed development is located in a VE flood zone, the
24 code requires the four point deduction.
25
26 In the event purchase is recommended and the owner refuses the purchase offer, the
27 applicant may remain in the ROGO System and continue earning perseverance points
28 according to Monroe County Code Section 138-28.
29
30 VI. RECOMMENDATION
31
32 It is recommended that the Board of County Commissioners find that the applicant has met the
33 criteria and qualifies for Administrative Relief. It is further recommended that a Resolution be
34 adopted that establishes this relief by an offer to purchase by the Monroe County Land
35 Authority.
36
37 Attachments: Index of Exhibits
38 Exhibits A to V
39
40
Page 6 of 6 Reviewed by
07100479
RESOLUTION NO. —2012
A RESOLUTION BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS APPROVING THE
REQUEST FOR ADMINISTRATIVE RELIEF MADE BY
JOHN W. & GLENDA AKINS AND JOHN K. AKINS R/S
ON PROPERTY DESCRIBED AS LOT 23 AND SLY 26
FT LOT 24, BLOCK 1, DOCTORS ARM, BIG PINE KEY,
RE # 00310240.000000 IN THE FORM OF A
PURCHASE OFFER FROM THE MONROE COUNTY
LAND AUTHORITY.
WHEREAS, John W. & Glenda Akins and John K. Akins R/S submitted an
application for administrative relief under Sec. 138-27 of the Monroe County Land
Development Regulations; and
WHEREAS, 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 Lot 23 and SLY 26 Ft Lot 24, Block 1,
Doctors Arm, Big Pine Key in Monroe County, Florida having RE#
00310240.000000.
2. The date of the ROGO application is 6/12/2007.
3. The ROGO allocation application has been in the ROGO system for at
least four (4) consecutive years and qualifies for administrative relief
AmnizTRATwE RELIEF RESOLUTION Page 1 of 3
RE#00310240.000000
07100479
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.
ADMINISTRATIVE RELIEF RESOLUTION Page 2 of 3
RE#00310240.000000
07100479
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
Lot 23 and SLY 26 Ft Lot 24, Block 1, Doctors Arm Subdivision, Big Pine Key in the
form of a purchase offer by the Monroe County Land Authority.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County,Florida at a regular meeting held on the 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
MONROE C UNTY ORNEY
APOROVE T FORM
Date:
ADMINISTRATIVE RELIEF RESOLUTION Page 3 of 3
RE#00310240.000000
07100479
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AKINS ADMINISTRATIVE RELIEF
APPLICATION 07100479
Real Estate Number 00310240.000000
A. Maps(Aerial showing location,Tier, Zoning,Habitat, Species) (Flood Zone Maps)
(Maps showing County/State owned properties) Pages 1-4
B. Photos of area Page 1 of 1
C. Property Record Card Pages 1-4
D. Monroe County Tax Bill Page 1 of l
E. Page prints from Community Plus Pages 1-2
F. Utility Service(Keys Energy Service) Page 1 of 1
G. Utility Service (Florida Keys Aqueduct) Page 1 of l
H. Page from FEMA Injunction List showing parcel is not on list Page 1 of 1
1. (1) Amended Administrative Relief Application(August 23, 2012) Pages 1 —34
(2) Administrative Relief Application Pages 1-39
J. July 9, 2012 and August 21, 2012 email to Ray Garcia,Attorney Pages 1 of 2
K. ROGO Application Page 1 of l
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
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Property Search-mMon-roe lunty T'-operty Appraiser Page I of 4
EXHIBrr
Karl D. Borglum C
Key Property Appraiser Marathon
Monroe County, Florida Plantation 852-
7130
Property Record Card Website tested on
InternetIorr.
Alternate ® 1382353 Parcel 11113: 00310240-000000 Requires Adobe Flash
10.3 or higher
Ownership Details
ailing Address: Al Owners: j
AKINS JOHN WAND GLENDA AKINS JOHN K R1 ,AKINS JOHN VV AND GLENDA
RC)BOX 246
LEY
LARGO,EL 33037
... _. . ,.,,.m.
Property Details
a
RC Code; 00-VACANT RESIDENTIAL
Millage Group: 100H
AffordableHousing: N
Section-Township- 14-66-29
Range:
Property Location: VACANT WI`ITERS LN BIG PINE KEY
Subdivision: DOCTORS ARM
Legal Description. SIC 1 LT 23 AND SLY 26 IFT LT 24 DOCTORS ARM SUB R 3-141 BIG FINE KEY OR409-3 2/8 O 76 ®
1431 OR649-601102 OR13 -33 OR2101-1467 OR2404 1 QVC
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Property Search ®® Monro- 1`ounv,, Drops Appraiser Page 3 of 4
SLY 26 OF LOT 24(RE 00310250-000000 AK 1382361)HAS NOW BEEN COMBINED WITH THIS PARCEL PER OWNER'S
REQUEST,DONE FOR THE 2007TR 5108107 JD
EPT(JDC)
Building Permits
Parcel Value History
Certified Roll Values.
View Taxes for this Parcel.
RW� Total Bldg Total Miss Total Land Total Just Total Assessed School SchoTl Taxable
Year Value Improvement Value Value (Market)Value vallue Exempt Value Value
2011 0 0 72,308 72,308 72 310!8 0 72,308
2010 0 0 102,760 102,760 102,760 0 102,760
2009 0 0 102,760 102.760 102,760 0 102,760
2008 0 0 117,440 117,440 117440 0 117,440
2007 0 0 411,040 411,040 411,040 0 411,040
2006 0 0 127,500 127,500 127,500 0 127,500
2005 0 0 127,500 127,500 127,500 0 127,500
2004 0 0 51,000 51,000 51,000 0 51.000
2003 0 0 44,625 44,625 44,625 0 44,625
2002 0 0 44,625 44.625 44,625 0 44,625
2001 0 0 44,625 44,625 44,625 0 44,625
2000 0 0 44,625 26,775 26,775 0 26,775
1999 0 0 44,625 26,775 26,775 0 26,775
1998 0 0 44,625 26,775 26,775 0 26,775
1997 0 0 44,625 26,775 26,775 0 26,775
1996 0 0 44625 26,775 26,775 0 26,775
1996 0 0 44,625 44,625 44,625 0 44,625
1994 0 0 44,625 44,625 44,625 0 44,625
1993 0 0 44,625 44,625 44,625 0 44,625
1992 0 0 44,625 44,625 44,625 0 44,625
1991 0 0 44,625 44,625 44,625 0 44,625
1990 0 0 41,650 41,650 41,650 0 41,650
1989 0 0 37,825 37,825 37825 0 37,825
1988 0 0 25,500 25,500 25,500 0 25,500
1987 0 0 25,500 25,500 25,500 0 -,25,-500
1986 0 0 26,500 25,500 25500 0 25,500
1985 0 0 22,000 22,000 22,000 0 22,000
1984 0 0 22,000 22,000 22,000 0 22.000
http://www.mcpafl.org/PropSearch.aspx 6/4/2012
Property Search-- Monre ':cro ,nv 13roperty Appraiser Page 4 of 4
1963 0 0 22,000 22,000 22,000 0 22,000
.............................................
19�2 0 0 15,909 15,909 15,909 0 15,909
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Parcel lei History
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NOTE Sales do not generally slaw 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
j processed Thank you for your patience and understanding,
Sale Date ofElclal RecordsBook/Page Price instrument Qualification
316/2009 2404/841 100 Qc
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3130/2005 2101 / 1457 1 WD
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This page has been visited 3,399 times.
Monroe County Property Appraiser
Karl D. Borglum
P.O. Box 1176
Key West, FL 3 041-1176
i
http://www.mcpafl.org/PropSearch.aspx 6/4/2012
.F 2011 Delinquent Real Estate
Oil) T � �WILOIREM ASSESSMENTS
13�363 1(1Ckl"I
HIBIT 00310240000000146
AKINS J HN K RIS VACANT
PO BOX 246
KEY LARGO,FL 33037 BK 1 LT 23 AND SLR'26 FT Li 24 DOCTORSM
SUB 141 BIG PINE KEY
OR7WI431 ORB
ADD EMMLXES I pig
SCHOOL 7A 1.8170 72, 0 72, 131.
38
H L LOB BO D 1.7 °72, 0 120.39
IVY RAL REVENUEFUND 1.1 72,308 0 72,308 79,
60
F&F LAW ENFORCE JAIL JUDICIAL 2.1959 72,308 0 7Z308 158.78
HEALTH CLINIC 0.0502 72,308 0 7Z308 3.63
GENERAL PURPOSE MSTU 02290 72,308 0 72,308 16.
56
FLORIDA KEYS MOSQUITO CONTROL 0.4&36 72,308 0 72,308 34.97 �
m C LOCAL ROAD PATROLF 0.4073 72,308 0 72,308 29.45
O FL WATER MANAGEMENT DIS T 0.1785 72,308 0 72.308 12.91
OKEECHOBEE BASIN 0.1954 7Z308 0 72,308 14.13
L MIDDLE KEY FIREB 2.379972p 0172.179
EVERGLADES ^ UCTI °T 0.0824 72,308 0 72,308 4.61
'TOTAL MILLAGE 10'sal AD VALOREM TAXES $7 ,40
NON-AD%MLJ3R8M ASSESSMENTS Woo
I�l�m Ived I3� �J�sa�2 , 12� JAI 31,2012 ,,31,2012�
F� 16: 1 16.01 15.01 IF PAJO BY
DANISE D. HENPJQUE
mF.C. 2011 Delinquent i Estab
MONROECOUNTY TAX COLLECT, N0710E OF AD VALOREM TAXES AND NON-AD VALDREM ASSESSMENTS
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I JOHN K RIS BK 1 LT 23 AND SLY 26 FT LT 24 DOCTORS ARM
PO BOX 246 SUB 141 BIG PIT KEY ORW9-382/85
LARGO,KEY FL 37 1431 ORB
11M KEY WEST,Fl.
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P.M Box 123911100y Drke
Key West,Fle" 33040
Date: �-
This fbm mW data is for mfonnadon only and a applicableonly single i or one residential
duplex.under 3,000 squam fixt whose water use nquim a gg ur&L THE OWNER WELL BE REQUHM
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lot(s)o „ for
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as fincer f inch p*,imluding vaWcs and
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as the bed availableto the FKAA. Should our recor&be aincouwlete or in enw.the cudoff=my
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FICAA tom.142(Rev. )
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00310470-000000
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00310950-000000
00310990400000.
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0031122D.000000
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00311240000000
00311250-ODOOOO
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00311270-OOODOO
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003113004XXXM
00311310-OMOD
00311320-000000
003113304XX=
003113404)00000
003113504X)OOOO
00311360400DOO
0031137D400DOO
00311380-000000
0031139"00000
003114804)00000
003114904KHM
00311500-000000
00311510-000000
003115204)00000
00311530-000000
00311540-OOODOO
003115504300DOO
003115604)OOOW
00311570-OOGOW
003115804KXXM
0031159G-000000
003116004)00000
00311610-000000
1
Revised i istr i li Application
received via email August 23., 2012
Stan kiewicz-Tiffany
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.
14850 SW 26th Street, Suite 204
Miami, Florida 33185
ngarcia(&rMarcialaw.com
www.rangxcialaw.com
(T) 305-227-4030
(F) 305-223-981I
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-Tiffany@MonroeCounty-FL.Gov_>
Date: Thu, August 23, 2012 5:07 pm
To: 'Nataline Garcia' <n arcia ra r i law.com>, Grimsley-Susan
<Grimsley-Susafta7monroecounty-fl_gov>, "Ray Garcia
(rgarcia(&raygarcialaw.com)" <rgarcia _raygarcialaw.com>
Only one application was scanned. We needed to see all four scanned amended applications.
From: Nataline Garcia fmalito:LigarciD-@raygarcialaw.com]
Sent: Thursday, August 23, 2012 4:31 PM
To: Grim sley-Susan; Ray Garda (rgaM1g(abraygardalaw.com)
Cc: Stankiewicz-Tiffany
Subject: RE: administrative relief applications
Importance: High
1
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
nmr-claaroyorcialaw.com
www.ra r ialaw.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: administrative relief applications
From: Grimsley-Susan <Grimslev-Susan(drnonroecounly,-fl.aov>
Date: Thu, August 23, 2012 10:21 am
To: "Ray Garcia (r=cia@raygarciglaw.com)" <r ci ra rcial >
Cc: "Nataline Garcia (ngar'a@raygarci,aJ51w.com)"
<n rci r i laws m>, Stankiewicz-Tiffany
<Stankiewicz-Tiffany(@ Mon roeCounty-FL.Gov>
Please send scanned copies of all the applications in total today and send
paper copies by FEedex. Our agenda deadline is tomorrow.
Susan Grimsley, Asst. County Attorney
1111 12th St.
Key West, FL 33040
Ph. 305.292.3470
Fax 305.292.3516
Marathon Telephone 305.289.2500
2
APPLICATION
MONROE COUNTY
PLANNING&ENVMONMDENTAL RESOURCES DEPARTMENT
1,
APPLICATION FOR MWEj1qTllAL ADMINISTRATIVE RELIEF
u
Administrative Relief fee:$1,011.00
r,
�r
���r ATTACHMENTS: 1)COPY OF CURRENT PROPERTY RECORD CARD,2}COPY OF THE
RECORDED DEED OF THE SUBJECT PROPERTY AND 3)A VEGETATION SURVEY DATED
a WITHIN SIX MONTHS OF ADMINISTRATIVE APPLICATION SUBMITTAL. IF YOU HAVE
07 t QUESTIONS OR WISH TO MAKE AN APPOINTMENT TO DELIVER YOUR APPLICATION
N, PLEASE CALL THE GROWTH MANAGEMENT OFFICE CLOSEST TO YOUR PROJECT.
lH%r �V i
P Property Owner's Name:
�'ln�C. K�r1.S f k]Y711 W•� t [Z��XI�I �KL�1
(DUA+ Carp Detmneat&Motdng wM b saAorine io dp) t
Property Owner's complete mailing address:P a�
LLAQ0, FL 3303"7
Phone:.305 Z�,- u03 2 Fax:c'Q6- �,-x 3 -Cl 81
Agent's Name: P, P.P,.
(Required for gantl:.aee a9Cra mttlorrradaa for OM ROGO AWi from a!1 pupwy ow+ms,
Agent's complete mailing address:) tsw ;L(0 'SjO Lo7 jLM(M01 `3, 186
Phone: "1~q030 Fax:_2l5- D.2.3-9`81 I
(PIease attach a notarized statement authorizing representation of this application by aII property owners.
The statement should read:"l,(owner's name)authorize(individual you are authorizing to represent you)
to represent my property for this application for Adm'nistrati Iief'.
PROPERTY DESCRIPTION. Lot 20 MCI Block �.......... ,Subdivision bQtyf LX� �AAYYyt
Key(isIand):bIQ PIYTI✓, Street: MM: RE: t3031Oai,40 ()
Jf mefes and boar e,attach legal description on separate sheet _ _
Building Permit Application :._
Date of most recent ROGO application: Jul-N , -\
What kind of administrative relief are you seeking?A r llfl`f 1'1 a 1701 Yl� Q1 I�on
as
NOW Pursum to Monroe Caamy Oode pretend Booed of Co"Ca=nMRrWM&dWW6O ofrer W
11.111_A(SPxitl Protection Ares),or III on f"w aterfron,let su"a far aRwdade lousing.NOTARY: CJ
STATE OF FLORIDA AppIicant's Signature
COUNTY OF_ [y -b(A aL ra
The foregoing signature was acknowledged before me this 23 7d,yof ( 0 i a
By— ®_ who is personally known to me or produced
(P M64 PER54[VSiGN11YG)
es identification.
Mycom • •" n pieta: �li�l�tS
Signature of Nbldy Public,State of Florida 1AT
1,10,BE COMPLETED BY STAFF-DATE: POGO APPLICATION b
Page 2 of 2
Applicants initial and date; Adm Relief Residential Application Dec 6 2010.doc
APPLICATION
MONROE COUNTY
PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
G
n
APPLICATION FOR RESIDENTIAL ADMINISTRATIVE RELIEF
Administrative Relief fee:$1,011.00
Monroe County Code Seaton 138-27
Requirements for Adminiarrattve Relief:
jz r 1
(1) Ifan applicant far an allocation award:
a. Whose application
f y Permit Allocation System_and falls to receive an allocation award,said applicant may apply to
V
the board far administrative relief pursuant to the terms and conditions set forth herein;and
� Whose b.
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 no earlier than The conclusion of the fbMth
f lurthannual allgM*pn oerlod,
(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 rights under this section to
assert that the subject property has been taken by the county without payment of just compensation
as aresult of the dwelling unit allocation system.
(4) Upon H=lpt 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 M-27(f)and Monroe County Comprehensive Plan Policy 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:
i. a designated Tier 1 area;
ii. a designated Iler Il area(Big Pine Key and No Name Key);
iii. a designated Tier Ill-A area(Special Protection Area);or
iv. a designated Tier Ill area on a non-waterfiant lot suitable for affordable housing. "Fair
market value"shall be an amount which Is no less than ad valorem valuation in the
Monroe County Real Property Tax roll for the year 1992.,
b. Permit the minimum reasonable economic use of the property."Minimum reasonable economic
use.
means; as applied to any residentially zoned lot of record, which was buildable
immediately prior to the effective date of the Plan,no less than a single-family residence.
c, Suggest such other relief as may be necessary and appropriate.
(7) Limits on administrative allocations per quarter: The number of allocations that may be awarded
under administrative relief in any one quarter shall be no more than fifty percent of the total
available market rate allocations available in a quarter for that subarea, Any allocations In excess of
fifty percent shall be extended into the succeeding quarter or quarters.until the number of such
allocations is fifty percent or less of the total number of market rate allocations available to be
awarded.
(8) Refusal of the purchase offer by the property owner shall not be grounds far the granting of a 11000
allocation award.
Page 1 of 2
Applicants Initial and data: Adrrr Relief Residential Application Dec 8 2010.doc
EXHIBIT 1
Property Searoh—Monroe County Property Appraiser Page I of I
Karl D. Borgium office(305)2923420
Property Appraiser fax(M5)292-3501
WeIntebafte tested on
Monroe County, ® met Expiorer
GIS Mapping beqUirift Adobo Flash 10.3 or h1gher.
(An Export Map widget Is in the lower left comer.)
Propetty Record View
Afternate Key-1382370 Parcel ID.00310260-000000
...................
Cwnership Detalls
F(),
11fiallingAddress. All Omens:
AKJN5 JOHN WAND GLENDA AKINS JOHN K M.AMNS JOHN WAND GLENDA
PO BOX 240
KEY LARGO,FL 33037 ..........................
Property Details
PC Ca dc 00-VACANT RESIDENTIAL
FAllage aroW 100H
Afford"
Houslog!No
Sedlon-Townsb1p.
Range:14416-20
Property Loesdont VACANT WYTMS.LN BIG PINE KEY
SubdtMon:DOCTORS ARM LOW DworWuw:SK I HLY 24FT OF LOT 24 AND ALL LOT 25 AND SLY 17FT LOT 26 DOCTORS ARM SUB P83-141 BIG
PINE KEY OR,4 OR788-1431 ORMB-M/M ORI 304-33 OR21011467 OR2404-041 QIC
Land Details
fl
Land Use Code Fran LondAres
M1 OW-RES VATERFRONT 0 0 14.740.00 SF
Misc Improvement Details
VWdth Year Built WOUYW
!............... ...............
... ........
Appraiser Notes
REMOVED OVERRFDE AS LOT 19 BEING USED.
�
EXHIBIT
` ~
�
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_ .........
Vegetation 5urveq
PROJECT
AWNS DEVELOPMENT
LEGAL D=BIEMQN
BLOCK t,LOT 25&POFMON OF LOTS 24.26
DOCTORS ARM,BfG PINE KEY
REALE.-M"NUMBER
00310260-000000
10/17/2011
71 TTNGLER LANE.MARATHON.5L 33050
www.JULIE_CHEON6FK)7MAIL 0OM
PHONE(305)595-1986
FAX(305)743-4587
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Icxk 1 Lot 2 17
Overview.
The.following xeport 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 80'and 22*� 2011.
Site D�jption
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,Witter;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 Dar Rcfrrge.
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 suhstrate.
Other areas have a sandy organic mix. The land appears to have been previously used for
a trap yard,as trap debris is located on site. Shell fragments,presumably scraped from
traps,are located on the property. Doer scat is located throughout the property.
The shoreline contains a mix of mangroves and buttonwood.
The Monroe County Habitat Maps classify this parcel as "Undeveloped Lands." The
parcel is predominantly vegetated with rindropogon glomeratus, Phyla nodrflora,
Fimbristylis eymosa, Sporobottrs virginicas and Dimchlis 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.
eel ore:
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 (Cor ocorpus erectus, Phyla nod&rd) and three state
protected species(mangroves)on,site. A specles is considered Listed if it is designated
Endangered(E),Threatened(l:'),Regionally Important(RI),or Commercially Exploued
(CE),or if it is a Native species greater than 4"diameter at breast height(N>edhh). All
Listed species require mitigation if impacted by development. All Cowearpus erectus
have been tagged on site with orange tape.'Due to the prevalence an4 the mat-formiag
growth pattern of the Phyla nodijrlora individual species were not always tagged.. When
possible individual specimen were identified. In areas where the density of P.nodii fora
Julie Cls�yon ¢v a r>s utt
Oba n"aiNfl, tp@�
or the location of plants mixed vAth dense groundcovers prevented the identification of
Individual from being determined the number of:speeimen were estithated 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 its Attachment B. The number of Phyla toodtjlora located in each section is
indicated on the map.
Monroe County Code requires monetary mitigation for all impacted species. The
mitigation amount is calculated by Monroe County depending on the species and its size.
All protected species are shown on the attached map. Please note that locations are
approximate due to the density of the vegetation and the limitation of the measuring
device used(measuring tape).
Appropriate permits must be obtained from Monroe County prior to.removal of any
vegetation. Please consult the Monroe County Biologist for specific requirements.
Please feel free to direct any questions regarding this report to the author at the above
refwenced contacts.
i"
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ti�ttfIe
5peaCet List
Scientific Name Commrn1,V=q Status WedandStatus AFotes
Andropoganglawralmr Broom Grass N FACW(DHF)FACW+(ALOE) Prevalent
Avkennlo germlaarrs Black Mangrove N OBL(D99.NVII)
Balls marWM Saltwort N OBL(Di PF NR ) Shoreline
BidmsAlba BMUTieb N
CaccolobauWfera Sesgrape N FAC(NWI)
Conocmp O groan Green BUUMWood N FACW(DEP)
FACW+(NWT
Cyperxsl(grrlarls Bug R=W Swamp Plat N FACW(DEP,NWl)
Sedge
DWchlls spicato Salt Grass N OBL(DEP)
FACW+(MM
Ernodea litAwdir Beach Creeper N FAC(DEP)
Eusroma exalraaem seaside Gentian N FACW(DEP)
FACW+(NWI)
Flmb"fis eymoso(aka FAC(DEP)
F.sparhacegl Hurricane Grass N FACW(Nn Prevalent
Fknwrta Hmm* YellOwtbp N FACW ODEP,NWI)
Galavda strkda. WA7a N
'penman pea-caprae Railroad Vine N FAC(PMD
LcguncWariaracmosa White Mangrove N OBL(DEP)
FACW+(NWI)
Aktoprmn taxirerum Poisonwood N FAC(DEB)
FAC{N"
A Y=iascmrdrw Climbing Hemp Vide N FACW+(NVM
Phyla nWora MaWkweed Rl FAC(DEP)
FACW OM)
Rheophora manrgte Rod Mangrove N OBL(DEP,N" State Prowcted
Sarcosteaaaa elausum Wlrito Twinevine N FACW(Nn
SchhMsterebint dia BrazitianPepper [EX FACW(DEP,NVIl)
Solmmm vlantAum Patatotree N FACW(DEP) Shoreline
Spy"vvrllcl IW4 Shrubby Patse
Buttonweed
Sparobdus vovnicus Seashore Dmpsced N OBL(DEP)FACW+(NW[) Prevalent
Unidentified Grass
Unidentified
Groundoover
Key-Slatus
CC_v Corrimei sally ExpbRed All Protected
ex Exotic non-native(maybe naturalized)
END Endangered All Protected
IEX Invasive Exotic Removal Prior to CO Required
r N Native 4'dbh protected
RI Regionally Important All protected
T Threatened All Protected
. ,,,• ,.• N4GYIIWAPWIl�6A '
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EXHIBIT 3
ADMINISTRATIVE RELIEF SOUGHT
On March 2010, the applicant John K. Akins, filed an appeal to the Board of
County commissioners about the reduction of ROGO points and the rankings approved
by the Planning Commission March 10,2010 under resolution 04-1.0 which affected his
ROGO applications in regards to this subject property. The appeal was based on the
original scoring of the property by Monroe county as being in an AE flood zone when the
property according to Monroe county was in allegedly in a VE flood zone(4 points),
The actual VE flood zone point change placed on the subject property occurred
when the planning commission approved quarterly rankings on June 10,2009.According
to Monroe County,on or about April of 2009,the Planning&Environmental Resources
Director reviewed the documentation in regards to this subject property that was in the
County files such as flood zone maps, survey, and plans and determined that a scoring
error occurred by the Monroe County staff regarding the flood zone point allocation on
the subject property and the Director further determined that the scoring errom occurred
on the four applications of the applicant.Based on the findings,the Department changed
the applicants ROGO rankings for the subject property.The applicants rankings moved
down approximately 18 places in the ROGO system.To better understand the impact of
this error by the staff of Monroe County, the rankings prior to the change showed the
applicants ranked 22, 23, 24, and 25 and the next rankings with the alleged corrections
showed them at 40,41,42 and 43.
Because the staff concluded that the property scoring was to be adjusted to reflect
a VE flood point deduction,the applicant has suffered incredible financial loss,especially
considering that the development that had begun on the subject property had to be halted
1.
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
Gmwdi M$ Mtmcnt Division
r M,y�cta Dat s
s*A10 Mgvr Va TAM"k].Umphy.Diu S
! PL-Bm H Dhd 3
vat= {30312 V
FAXOn 289 L6r1e Di Go==Dirt 4
: -tM 2516
tY.mtu-go be amp,pqAmweRl"Ohir
CMTIFMD MAIL 70062150 OODI 0488 1131
Aptil27.2009
Jbim Akhsa
107 First Teaaca
Kay Largo,PL 33037
RE: ROW Applications 07100486;07100479;07100485;07100M
DWhk.AM=
Tha Platmdtff& Bnvhumn=tal ReaOMM Deputndut has farad a acN09 error aQ ROGO
SPA On 00488,07100479;07100485;07100483. The proposed developmmt in each of
lbws appHeatiaas is located in the"V'flood mm T]mt+efore;each appUcibm has been-Shen
the-4 paint asaigo t for bang lacaW in the IT xaaa apaM flood hazard area.
If Lave say . lease cormt me at 3OS-289-2513.
S'
Sm,g ewlca
Sr.n wng Tech
r
cc: TowasL-y Schwab,Planning&Eavim !Resources Dlrnctor
XHIBIT 5
I?o
S„
+'M+-`QRAND V lei
MONROE COUMMPLARKI,rc&ENVIRONMENT kL RWURCES.DEPARTmjWT
t3'&,Wve4s be ,pPofag,,wFaxd f a,
To: Planning Commission
Frain: Tiffany Stankiewicz,Development Administrator
Through: Townley Schwab,Sr.Director of Planning&Fin " eatal Resources
Date: September 17,2010
Subject: Residential Dwelling Unit Evaluation Report for Big Pine/No Naar Key Subarea
Quarter 4,Year 18
Meetlstg IJate:September 8,2010 condaued to September 22,2010
I This report has been prepared pursuant to Section 138-20 of the Land Development Regulations
2 (LDRs), The proposed residential dwelling unit earrings (Big Pfne/No Name Key Subarea)
3 attached to this report arc for the fourth quarter of year eighteen which covers the period April
4 13,2010,through July I2,2010.
5
6 D NA eLGfiaUI*W ffZa �r
7
8 The public hearing for Hw Big P=WNo Name Keys Subarea ROGO allocation and ranfang
9 determination was continued by the Flarsuug Commission front September S,2010,to let Banks
10 Prevatt present iokrmation on behalf of Mr.John Akins regarding flood zone.scoring corrections
11 for properties identified by real estate numbers 00310220.000000, 00310240.000000,
12 00310280.000000,00310260.000000.
13
14 A. FSIQRY OF AK£NS APPLICAIION�.
15
16 On Larch 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 raaldstg., approved by the
18 Planning Commissioa March 10, 2010 under Resolution 04-10 which affected his four
19 ROGO Applications, The subject parcels and applications are under the ownership of John
20 K.Aldus,John W. and Glenda Akins. The appeal is based on the original hmn-ect scoring
21 of the properties as being in an AE flood zone when the properties are,in fact,in a YE flood
22 zone(4 points).
23
C
24 Monroe County Code Section 138-1,APROk states that an appeal from the decision of the u
25 Planning Commission on a ROGG allocation shall be made to the Board of Cam-Ay
26 Commissioners within 20 days of the Planning Commission's decision. The filing of an
?en t oes f
N
6
I appeal does not stay either the action of the PIanning Commission or the action of the
2 Planning Director. This appeal of the approved ROGO Rankings I:y the fjanstng
3 Commission from March I0,2010 was filed in a timely manner. However,the actual point
4 reductions and 'ranking,changes occurred in Jurie I0, 2009 by PIanning Commission
5 Resolution P23-09.The Code.does not specify that the appeal must follow after any specific
6 9JyrMking,
-7
B Originally staff was prepared to schodvle the appeal at the June 2010 Board of County
9 Commissionem meeting. However,prior to the agenda deadline,Mr.Prevatt requested,that
10 the matter be heard at the July 2I,2010,Board meeting,which request was genteel.On July
11 20,20I0,Lee Rolfe,Esquire,requested the appeal be deferred frora being presented before
12 the Board of County Coxnmissionrra. The applicants decided to defer the appeal in order to
13 first present their objections to the Planning Commussion since applicants may offer
14 testimony about their application at any public hearing concerning ROGO in any quarter(Mr.
is Rohe no longer represents Mr.Akins in this matter).
16
17 since the scoring correction, the Plarming Commission has reviewed and approved 5
18 quarterly rankings reflecting the scoring corrections. Neither the applicant nor audiori cd
19 agent where present at these public hearings. The Iast approval quarterly rankings for Big
20 Pi neWa Nance Key subarea were on Julie 9,2010.
21
22 B. Applications and Locations
23
244 Applications and Locations:
25
26 1) Building Permit Application&ROGO Application: #07I00486
27 Legal Description: Lots 2I'and 22,BIock 1,Doctors Arm Subdivision,Big pine Key,
26 Wiazoe County,Florida
29 heal Estate Number: 003 I0220.000000
30
31 2) Building Permit Application&ROGO Application: #07100479
32 Ugal Description: Lot 23 and SLY 26 ft Lot 24,BIock I,Doctors Arm Subdivision,
33 Big Pine Key,Monroe County,Florida
34 Real Estate Number: 003 I0240.000000
35
36 3) Building Perrnit Application&ROGO Application: ;#07I00485
37 Legal Description: Lot 27 and NLY 51 ft Lot 26,Block 1,Doctors Arm Subdivision,
38 Big Pine Key,Monroe County,Florida
39 Real Estate Number: 003I0280.000000 j
40
G
41 4) Building Permit Application&ROGO Application: .';071:00483
42 Legal Description: Lot 25 and SLY I7 ft Lot 26,BIock 1,Doctors Arm Subdivision,
43 Big Pine Key,Monroe County,Florida F
44 Real Estate Number: 003I0260.000000 p
45
46 Owner: John K.Akins,John W.and Glenda Akins
yid
IAgent B pr vact
3 W,d Use i ixtri ;' mmer stii Fislu-PS Sp=al Vj-3W (C SD-S)
4 Pout, d Vpp
5 POGO Sabnew Big Pp ne Key/No, =, Key
6 Tier
i
M
42087G1328K
Sables t (onfibwd in bi-) l)
9 Whke Ms--shows separation of the.4Y Flood Zane and VE Flood Zone
is
i 1 C. II..EVFiirl'I'MQR CQU M ACTIONS:
12
13 The chart below shows it chronology of applizatim stetnmttal dates (Building Deparmma
14 Applications to ROt3O Applications), description of flood zone information provided on
is Building Application elsa submittals, slvavey submiffals sbowing flood zone information,
16 approximate date of scoring c=discovery,scormg a=notification to apglieants`address
17 ofrecord,P1arr'ing Commission Re rludons:indratmg son ng=w ca{rections.
18
A-PpReadon No. 071004" 0710495 1 071OW3 07100479
Real hate No. I 00310220.00 M 00310280.00MM 1 00310264.000000 00310240.000000
"Iding ,4ppllaatlm Jan-31.2DG7 fan.31,2007 Jam 31.2007 Jan.31,2D07
>Dige
As submitted by eha Pre Tier System Won pre Tin System minas pro Tier System mien Pre Tier system mimes
applicants the 1 fbr AE Fitd Zmte 6 for VE flood zone 6 for VE flood mrc 6 far VE food mac
Rofifto Pimp
Ingested hood zone
dedaetioa odnet
9
Sutvey from Suety Indicated Entire property to VE Endre propany in VE Entire property In VE
EAwrence P. Frank mgarity of preper�in zone, Zone. zone,
dated Des 4, 2006 AE Zane and a small
indrested property pordem in the VE flood
flood zone. zone (.snrmay error p
Anvvmrd in 2009 d
B
d
U
Page 3 art
l�t,
pmpared YESt6ence iA
&a YE Zone. V
OaWtte Department I Reviewed for AE Zone Reviewed for VE zone Reviewed for VE zone Reviewed for VE zone
reviewed Ploor for 000clrucda. constnxfson tonOwtion Construction
AVVE Zece j
coastructiea. 1
bulfding tut 'i May 30,2007 A June6,2M7 June 6;=7 tune G,2087
PFannftq to correct t p
aptp[leant to eater
ROOD.
bate ROGO June I2,2007 Juno I2,2007 June It 1007 June 12,2007
Application
o�lted
4rklal o:erin of POGO Application ROGO Application ROGO Appliatiott ROCJO Applic alon
ROGO AppO Foe as if in AE mated as if in AE scored as if In AE scored as if in AE
for Quarts rase Zone(asialirated by Zone(scored in error) Zane(emrod in crane} Zone in etror}
J 116g7.
Searle* lxtttr Early April 2009,Past Early AprO 2009,post Early April 2009,peg Loony April 2009,post
ascovered Tier System Aould Tie: sys- stinted 'lea System should Tier System simald
have indicated -4 have Indicated 4 lav® indicated -4 have indicated .4
rots I Doints I DOWS Who
i Date cerllaed letter April 27,2009 April 27,20®9 April 27,2009 April 27,2009
Sze s
Sal
retara reedFK May I5,2009 May Id,2009 May I5,2009 May I5,2009
was
ROGO Rmklogr Plannmg Canmisaon Planning Cammissiart Ply Commission Pfamibtg Commission
Quxtrr 2 Yr 17 Approved Resolution Approved PaoluRicn Approved Resolution Approved Resolution
todksEod oming P23-A Axes I0,2009 EM-09,June I0.200V P23-09,hale 10,2D09 P23-09,June 10.2009
RQE1O Ranls+egs Ptsanirg Canmission Planning Cotamispon Flooring Camrnisim Planning Coaotnisebn
tZestter d Ye 37 call Approved Resoludm Approved Ruoladan Approved Resolution Approved Ptcealutioa
Mr the P42-09,SeWt 2 200*} P42-09,Sqx.2,2009 P42-09,Sept.2,2009 P42-09,Sept.2,2009
ROOD Rankings I Planning Catnmission PIanatng Commission Pleating Coounbsfon PlmCing Coremissan
Quarter Yr is Approved Resolution Approved Resoludon Approved RewWon Approved Rerraiution
Condoned with P55.09,Den O 2009 P55.09,Dee,15,2009 P5549,Den 15,209 P5549,Dec.Is,2009
ROOD RmAUZz Planning CCamnh;sico Planning Cormrission Planning Commission Planning Commistiou
Quarter 3 Yr 10 Approved Remohttion Approved Rewhaton Approved Resolution Approved Pesohudoo
ewtioned akh P i-Irk, lfsrel I0, PO4-I0; Mardr I0, PO4-I0, Morels 10, PO4-JA Mar-h I%
20I0 1 20I0 2010 2010
ROGO Ro"go Planing Commission Planning Ccnomimon Planting Canmrissiort Planning Con"nisaion
Quarter 3 Vr 19 Approved Resolution Approved Resolution Approved Resolution Approved Resolution
condoned will P 10-10.June 9,2010 P I O-10,June 9,2010 PI(61 k,June P..2010 P IO-IO,)mte 9,20I0
correct
ROTA Rpaidngs Planning Commission Planning CmnmiasIoo Plerudng Commission Planning Commission
Quarter 4 Yr Ig y Continued the review ea®tinaed the review coatiouad the RWle1v continued the review
anedauod with Y of]dig PineNo Name of]dig Pinaft Nam of Big PinoNo Homo of Big Pin&No Name
correct palate Key Subsea to Key Suborn to Key Subaru 'to SubarQ to
September 22,2010 S ba 2010 Swwaber 20I8 Key bar 20IO a
A I
The above clml,shows the pertirleilt information from the initial sstb'inittal of the four
3 applications to the Building Department. Three Applications cont> red information oa fie
4 building plans and surveys showing the properties located in the VE flood zone,while one
5 set of building plans and the survey incorrectly showed the property loud in the AE Flood
Zone. When the Applicants subsequently entered ROGO in .tune 2007, staff incoreody a
t
P404 of 9
I scored the applications without a VE flood zone deduction of four points pursuant to tier
2 ordinance criteria. The errors wore discovered when staff researched the applications based
3 on information foam another applicant,received by the Kamm&Department regarding point
4 deductions for-theVE flood zone.,One of the four applications was scored in error based on
5 an incorrect sarvey,which was discovered by staff after examining the Flood Insurance Rate
6 Map(see trap in the Section B above which shows the property boundaries and VB and AE
7 FI(*d niWliitt).
8
9 On April 27, 2009, the Applicants were sent a certified letter to the address of recent
10 regarding the scoring error. A signed certified receipt dated May 15,2009 was rettaned to
1 i the Planning Department. Subsequently,the scoring corrections for these applicaitions were
12 identified on the approved ROGO rankings,which are available in the Planning Department
13 and on the County web site. From the information in the foregoing chart the rankings were
14 adjusted and maintained at five quarterly Planning Commission meetings and the applicants
15 did not appear before the Planning Cornmission.
16
17 D. RE VIE N OF APP [C�4 TFON:
18
19 Mr.Akins is questioning die reduction of the ROGO points on the four applications stated
20 above, However, the acftW VE flood zone point change occrrrrtd when the. Planning
21 Commission approved quarterly rankings on demo 10,2009(see Res lotion P23-04).
22
23 In April of 2009 the Planning & Environmental Resotnnes DnwW reviewed the
24 doetmseatffdon(files,flood zone maps, surveys,pleas, ems.)to determine if a scoring error
25 occcured by staff regarding the flood zone points. Afro the review,the Dirodor determined
26 that scoring errors oaatured on the fors applications. Therefore,tba applicants were seat a
27 omiified letter(Certified Mail Rom Reoespt 7006 2150 0001 0498 1131)dated April 27,
2S 2009 sagerding the flood zone stating error, which was signed for on May 15, 2009. The
29 applicants were notified as soon as the erzvr was discovered.
30
31 The Department was compelled to correct the error,in order to preserve the rigMs of other
32 applicants in the ROGO rankings. 'flue rankings of the applicants'properties moved down
33 approximately 18 placm. The rankings prior to the corrections dwwed the aWHeants
34 ranked 22,23,24,&25 and the next raaidngs with-*e oorrecdons allowed them at 40,
35 41,42,&43,
36
37 Mr. Banks Prevatt came into the Planning Department in November of 2009, requesting
38 information 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 a
44 provided.On March 18,2010,agent authorization was submitted,
41
42 The properties are located in the Big PineWo Name Ivey ROGO 5ubar m..'Phis subarea is
43 limited to 8 market rate allocations per year,allowing for 2 allocations per quarter,provided
44 there is enough mitigation to cover the H-value used for allocations. In the quarterly
45 rankings approved by the Planning Commission March 10, 2010, the two applicants who
6
46 received allocation awards each had 20 points and the subject applications of the this appeal
i
H
p�sora
I each had 8 points.On June 9,2010 the Planning Commission reviewed and approved another
2 quarterly ranking on Big FineiWo Name Key Subarea,which reflected the applicants V zone
3 scoring.
4
5 It sbpuld.be noted that these applications will be eligible for Administrative Relief after the
6 qugrter-closure-of duly 2011. From the closure of the: 10 quarter, tamer the ROGO
7• application was trade,the applieaal wilt'lft ve 180 days to submit four Administrative Relief
8 Applications-
9
10 There is an alternate avenue available for the applicants to investigate regarding the VE flood
I I zone designation.Property owners may seek a Letter oft rap Revision(LOW)requesting a
12 revision showing their property is located in a different flood zone. There has been a
13 property in Doctors Arun that recently obtained a LOMR. The applicants may contact Diane
14 Bair, Special Projects/Floodplain Administrator for additional i-dortnation rcgarding this
15 process.
16
17 As an aside, the applicants should contact the surveyor regarding the need for a corrected
I8 survey and also, should contact the Monroe County Building Department regarding any
19 building plan corrections that may be required for the property identified with real estate
20 number 00310220.000000.
21
22 Staff concludes the scoring was correctly adjusted to reflect the VE flood point deduction.
23 However,if new evidence is submitted to show the properties are in the/iE flood zone and
24 ao portion of the structure is located in the VE flood zone,then the paints could be positively
25 adjusted accordingly.
26
27 M FA 0
28
29 Monme County Code Section 138-26(c)(3):The basis for any planning commission changes in
30 the scoring or ranking of market rate applications shall be specified in the form of a motkm to
31 adopt the allocation rankings and may include the following:
32
33 a. An error in the designation of the applicable subarea
34 b. A mistake in the calculation of dedicated or-aggregated lots/land.
35 s. A mistake in assignment of the tier map designation in the
36 application. Such a mistake in reading the tier designation in
37 applying points for the,application, any change to the tier map
38 must go through the procedures for ansendroent of the tier asap.
39 d. Any other administrative error or omission that may cause the
40 application to be incorrxtly scared.
41
42 A review of the Aleuts applications showed a scoring error was made by stag. Subsequently,
43 staff,corrected the scotirlg to maintain flit integrity of the ROGO scaring system. The code
44 allows the Planning Commission to adjust a score if the change is to correctly adjust the score.
45 The applicants' ROGO scores are correct; therefore, the scares cannot be adjusted to reflect
46 incorrect information or an inaccuracy in applications or emu by staff-to raise &n applicant's 6
i
t ��ta
I wore at the expense of others in the ROGO convection. It is the Planning Commissions
2 obligation to correct an er;err or an omission that may cause an inmTeet score.
3
4 DW ALUCI H-OAFr4 C=M&=ZMVQ NAlt
5
6 A...Purs t to Stoon#3&-24 the,number of annual allocations available is I p7.
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
I I C. Section I38-24(a)(4)allows the Planning Cornraissivn to amend the affordable housing
12 proportions during any ROGG quarter.
13
14 D. Section I38-27(g,) limits administrative relief allocations per quarter. The number of
15 allocations that may be awardal under administrative relief iu any subarea quarter shall
16 be no more than fifty pert(50%)of the total available market rate alloceions.
17
I8 B. Section I38-24(a)(6) limits on the number of allocation awards.in Tier 1. The anmal
19 number of allocation awards in Tler I shall be limited to no more than three(3)im the
20 Upper Keys and no more than three(3)in the Lower Kays. Big Fine/No Name Key is
21 limited to ten(I0)allocations over a twenty year period or H=.022 whichever is lower.
22
23 Below is a table tracking the Tier 1 allocations by cluarter/ycar.
24
and Peraolt Plambw I TW ADmdm tme I ORU*rye"
aacr� n�r,,stioa t .
pies 03102303 Ad=Relief 2 Y 16
Ci pica 197101361 1 Market Rate t Y 17
25
26 F. Monroe County Code Section 138-25(0 Ezpirelion of allocation award: Exr..Vt as
27 provided for in this division, an allocation sward sWI expire wberz Its corresponding
28 building permit is not pikkel up after sixty(60)days of notification by Certified mail of
29 the award or,after issuance of the building.permit.
30
31 0, Monroe County Section.138-24 allows a total of 8 market rate allocations per year for the
2 Big PhWNo'Na=Key Subarm
34 H� Monroe County Code Section I38-26 allows the adjustment of residential ROW
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
awards that expired prior to the issuance of a corresponding building permit. N
0 REV LGA NAM9riNl&9R
412. The evaluation of the allocation applications was performed by the Planning&Environmental
43 Resources Depamnent. Positive and negative points were granted in compEiance with the
0
Pop 141
n
27
I evaluation criteria contained in Section 138-28 of the LDRs for the Big Find No Name Kay Sub-
2 areas,
3
4 If applications received identical scores, they were first ranked by date sad time and further
5 ranked based on the applicants with the fewest negative number of paints on the same day,
6 Please note that any excess.allocstioas approved must be deductd from the text quzmiy
7 allocation period pursuant to Monroe 0ounty Code Stcdo>i 1'3&26(e):
8
I R&'COArlAffm.A2'ItfN
A- l AAA Rate.4llom6ons_Oua=4 Year 18:
13 Tbc number of applications in the Big Pi */No Name Keys was greater than the quarterly
14 allocation awards available Per Section 138-26(bX7)of the LDRs,the rankings that indicate
15 which applications received suf iiciant points receive an allocation award. An additional page is
19 attached which idesnti_fie s the location of each proposed allocation by island and subdivision.
18 The Macket Rate applications that axe within the quarterly allocations reoo=endad for Quarter
18 4 Year I&approval are as fbWws:
21 Bia Fin&Wo Name keys: Applicants ranked l through 2 are reconiineaded for allocation awards
22 trasd on mitigation available from Monroe County. Applicants ranked 3 through 44 ace
23 recommended to be approved is the order Mkc3.
24
1
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Pate)
I bmOu anthorb%LAW OMM OF RAY GE&CEl#,,P.A.BAY GARCM M-AM
PAOILA .HUMWMn•to be ,Head.as.-Whmi=d agamt for GMDA AEONS for de
Admmstratiye Re _apyliaatim aubmittai far iiuiEdmg PacmiE and ROGO motion #
07100579,07I004a5,07100!sgi amd 071004Rb,fbrpropeety desaibod as t.at 21,7�,s3,�,T.s,
2a.v,Bw*I,-Sabdwbieas Doctors Armk Ker.mg"mXCOy and Real Emu nnmbms
0Q310280-000000%00336i66.00ileOR,0MM40400000 and 0 IM20-000000,
Thk P*.jW"bwQnm gamom on BtA*0 this gTwgric is noww Ott$*2 cry®is
effag cm o btmiamted by the amdetsigtlet Tl*wAturizatiom am as a durable ptra-of attotnay
**for the purposes stated.
TbA uadmim=4 mWoca umb to lisbHWN inaalr44 is the gtat"of*b amy ate owspu
fide twponsibili[r(dum booms ijatune coo*bnrt kw)for any sad an of the sadana of the
agmt ttaW4 nhdsd to tha sca2wt ma of'pwmiia for the afimmmawnd applicaat
NOW.A *Pizian i$nooftd fMm"9wW of the a toot lavit"-TNMftlh"Qr M4
sa46mr}*S—A--mast be snhmiWd with the epOcadam if film tiro mtiltipla atwnoss.
DY
Owaar(s)/ApptemaE a
rrtgted Name of Omasr(s)/Appit"t
NOTARY.S'Y'A�DiP Gp&.t FeR ,1.4
COUM'Y OF SAA1&-6 0
e fa vat a+as Aolmowl0d&isQd me ?s of
yl tI fi vt 2011_ Gaem3a A, as _ Mamalb, known �ndorrd
/►4iFAeI� w)+ /i6,lt '�+pe of ldmt�sdan dtd sot
talon as oath.
OR
JJ 1JtIl�k
.N 797aCrti�OWIMi
N Dar • 2a74
A@mi dtUKYs RZWAaeru Authadadon Foc=Paas t aft Ilk
III
3%nlllil
08/02/2011 13:42 619-422-2696 cym cHLLA VISTA PAGA 02105
u
�f
te}
I hereby esstbm,,,�LAW OMCB 178 RAY OABC>s!!.P.A.,RAY G RM64 ESQ•AND
PkO A.MMM3ES ,to be Jj*d a9 WAWd2ed.BgW for -1013N W. AKM I",the
,administrative Relief appiicatian aubtit sl jbr$aiW1s~g Pmmit Lard ROW Applkt" 0
WlOO 7.9.071Q04K 07100483&ad 0710%'w iMPC,,V&=*W es Lots 21,22,73,.24►A
26 77,Mack 1 &bdlvldou:DodWs Arm,NW.fi Pim Kq and Rad li oft awnber:
003102"40OI %O03I0 "N"%1183102IR00OM-0OM,
Tlas a%Wwmw dftfiw oo the dM 11da eMd,&is nowtmd and stsaq tesoain is
effect sortil tetmioeted by tine nadersiSuaA This eon acts ea a dsuable powrs of attorney
only fixtba�ariwsea slamd.
Tho mdets OW smdar each the]3ab Me,hnObW I&the gmwkg of d&away and ae mM
m M"Mli*f—homm Ndoasoe t.onuty ham0m)ft my L*d alt of tko actiosu Of dw
agwt awn4 rotated to*0 wW khiw cfpm&ib for the aforemesrti W MMUOML
Notts Au&mi tiaa is sanded ftm each owm of the subjed peaperty dab,"of mom
at�ot tan manta mssstbe sab~wkkdia appUmtk ss if*=are 91u1tiple owners
CawpeRs}/e►ppaimsst tiro
priared 1Vame of{?wner{a}11i�gpBcaot
c�urn�rn�vF T�fo
dcy of
The faW >nsMamoat was eckmvwiAdgod beibm sae this
Zvg6v,,,Sr 2011. __._ P )MOM ----
LP R Or».John W. Aid= is� L:e's►F� Type of Identiflcatiori)Ow dd
talm an oath.
1iQ9t�S .
pdadrstlrriive KaNef?.gensAushosiasWe Fmm Pats t of t
v
f�F)
I hereby authorize,JAW OMCE OF RAY GARCIA, P.e!-,,RAY GARCIA,ESQ.AND �
PAOLA BURNMES to be listed v adhorized ages for JUG!'N K. AIMS for the
Adminictaxtive Relief application subluittal for Building Permit and ROGO App1katio'u # :
071004793 07I0048S,07100483 and 07100486,for propeRy described as Lat.21,A 23,24,25, i
26 27,Block 1,Subdivision:Aoctoes Arm,Key:Big Pine Key and heal Estate nnmsber.
00310210-000000,0031026M00000,003107.40.000000 and 00310220-ONW.
This authorization becomes effective an the date this affidavit is notarized and shall remaim in
effect ulatil terminated by the tmdvrsigned.This authorization ads as a dtuabla power of attorney
only for the pw¢poscs stated.
The undersigned imdastands the lisbilitias involved in the granting of this agency and accepts
fill respoasibii ty(thus holding Monroe County htumkw)for any and all of the ac&w of the
agaW named,related to the acquisition of paimits for the aforementioned applicant.
` Nota:Authorization is needed from each owner of the subject property.Thvefae,one or mrn
authorization,foams mart be submitted with the application if&=arc muhePle owners.
t
s) Applicant 83gfastnre
h
Pziutad Name of Owner(i)!Applicant
j NOTARY: �
STATE OF
COUNTY OF f%K0 W1t-C G r
The foregoing hw1rUMent was aclmowledged before my this day o
Nl,.a,�, 2011. John K. Akins is _L,-per.04
I.. produced
identificatio Type of Idtntiflcationh did 1 did not
take an oath.
Nd.y ants star a Frakk
g fJr camnbiien 008149sa
Notary - a'd` ortuTi
Adndnis &dW Rellef Agmt AnthonzOdOn Poem PAga 1 of 1 e
9
7
t
k
EXHIBIT 7
,33
.4
". p.n 17317f7 h3/t,71�d 11.'�
P]Led i Iramr'�a t^Mftotel�'�
Parcel]dmiM ation No: ilk CWrV dl4if L• KW-W4E
Thw s mom:t ftq-vd By anipa"s pt:�nttwn $6.70
and Return
VUIIu a POWIL .
Stmahiae -.rdmo(dTaKv^L OW 841
107900 Ovetuea Hlphway#6
Key Ludo,Florida 33037
QUITCLAIM DEFD
zTm QpgrLlm D a more dq afbf A jQFM W.�a MUMA AKWS,
kodlabd Imd�wM amp -- &-taamaLbs�mer etity arastiv .eate�lsra9ac>`+6.
YmLute.F*fb33W7.Grsme
VYitaertb,Mar da:Gnou"fat rod in aoamMarsicm of dm Om If—TEN&N4 l6O RIa.00J-----�--
-DOLLARS.and order SOW Tied ealn"mmdem_o Orrawr to bend Paid by Gmag r.The rem*of
,bmb is hareby admmadedled.have m,%W berploed and gdlebrtT m ft add Grmmar and Om met heir*
.�aTmipn jx.04 tb&Mbl dwwr"d ILIA&-*d yK mod b-M;o the CaOogr of 66oNROE.Srere of
Florid►.male
LOU 19.A Z7.7,33.2M,416 amd Z7.Mock 1.DOCfOWS ARM BUBO Cunr4'.dWa'aa rbe
Hatem eafeare 1rt
cordedisPBeckS.Page141.oftheFtWkReomrde
VACANT LAND OM DOES
THE j'lOMZnT.AD 01 GRAPTOR,NOR is rr fo 7COK87'i1T11'S
ams TgERM
To Ha+e mW ic Raid daz am toptda WO eD Ed tiat"16e WWra of m tberetmo beloadK of is�Ia
Wpwpiat qr and et The dwe�60L dda.In#sm Hem,egdey am dalm wmmor-er of am2m e6bc yr TAW or
Ophy,for 8r use,bm M Rod PM&ofdre aid Onmo foo+w-
la Wa.Whaat,,dr Oaraor has bmmmTo=I bw had and seal da day and yea Rnt mbow wrko:a.
SipT ii IM end det' in mdt peaemaa: n f�
IIIS' DA ASR15 �33D37
P.O.Box 246.K"Lmm
a 01 Prim
-IH tea_
WTmma Now
STATR OF FLORWA
COUNTY OP MONROE
The ftWiat Ww mTeat wet RtlmowWprd bcfm me this of adore 10D9,a
wbO is pco mrq'bwwa to mar wbo has produced
N
SUL Y
PriadedNtT4rydtt3sarre
LfY Cpmno'ssitp w
M01ROE COWN
OFFICIAL RECORDS
File M 096143O
EEXHI ff
Administrative Relief Application
The Law Office of Ray Garcia, P.A.
Attorney at Law Florida Civil Law Notary
mo r 14850 SW 26th Street Southern Distrietof Florida
Suite 204 Middle District of Florida
Ray Garcia,Esq. Miami,Florida 33185 Northern District of Florida
Board Certified in Real Estate Law Tel:305.227,4030 Fax: 305.223.9811 116 Circuit Court of Appeals
rgarcia raygarcialaw.com
www.raygarcialaw.com
***Sent via UPS***
January 20, 2012
Planning& Environmental
Resources Department
Attention: Tiffany
2798 Overseas Highway
Suite#400
Marathon, Florida 33050
Re: Applications for Residential Administrative Relief for Loan Numbers:
07100479, 07100486, 07100485 and 07100483
To Whom It May Concern:
Enclosed herewith, please find the original fully executed Amended Applications for Residential
Administrative Relief for the above mentioned Ioan numbers along with payment for same.
If you have any questions or concerns in regards to the above mentioned matter, you may reach
me at 305-227-4030.
Sincerely,
R ar
Enclosures
RGI
w
m m i J
n k
AMENDMENT TO THE APPLICATION FOR
ADMINISTRATIVE RELIEF ORIGINALLY SUBMITTED
JANUARY 5, 2012 FOR
REAL ESTATE NUMBER: 00310240-000000
APP 1 I(;, M T110,') +G
MONROU COUNTY
PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
V la I I �t
APPLICATION FOR RESIDENTIAL ADMINISTRATIVE RELIEF
At.dministrative Relieffee: S Ia01 1.00
ATTACHMENTS: )COPY OF CURRENT PROPERTY RECORDCARD,2)COPY OF THE
RECORDED DEED OF TFIE SUBJECT PROPERTY AND 3)A VEGETATION SURVEY DATED
WITHIN SIB MONTHS OF ADMINISTRATIVE APPLICATION SUBMITTAL. IF YOU HAVE
QUESTIONS OR WISH TO MAKE AN APPOINTMENT TO DELIVER YOUR PL CAs OM
PLEASE CALL THE GROWTH MANAGEMENT OFFICE CLOSEST TO YOUR PROJECT.
PropertyOwner's Name. _ � s
(BusiuesdC°orp Documents rho wing wits is authorized to al )
Property Owner's complete mailing ad
Largo,Keg
—..
Phone:
Agent's t`s Name: � 0 d t
(Required for agents.are agent suthorizaaion for the ROGO Application Cent l property ownersi
Agent's complete mailing address: XD9 t oLf hi{dm-i
II
Phone: 2224Q ——^ Fax:c C l
(Please attach a notarized statement authorizing representation of this application by all property owners.
The statement should read:"I,(ownees name)authorize(individual you are authorizing to represent you)
to represent my property for this application or d�minis °ve R li °
PROPERTY DESCRIPTION: Lot Block___J. Subdivision
Key(island): ® Street:
I,fmetes and bounds,Mach legal description on separate sheet.
Building Permit A6 li ion
Date of most recent ROGO application: r®
®r a
What kind of administrative relief am you seeking?
or ` ON mAq®iiA 4
Note: Punsusnt to Monroe County Code pre ed!Board of County Commissioners action is to offer purchase if the pro 1,
IL Ill-A(special Protection Area or Won nonwaterfront lot suitable for affordable housing.
NOTARY:
STATE OF FLORAB, a Adpp icarifs Signature
COUNTY OF D4�
-t ii
The foregoing signal wasLacknowled ed before me this. day of J 4 .20
L2
By who is personally knownto me or produced
(p, NAM£OF PERSON SIGNING)
as identification.
Ivly co isst n expires:,. !
NAT
Signature q6Notary Public, State of Florida EXPIR 1
�t
June 1
i
TO BE COMPLETED BY STAFF-DATE: ROGO ArP LICATION#
Page 2 of 2
Aedm Relief Residential Aepplicaiion Dee&2010 doe
Applicants Initial and dale:
Rl
The Law Office of Ray Garcia, P.A.
Attorney at Law Florida Civil Lavy Notary
14850 SW 26'h Street Southern District of Florida
Suite 204 Middle District offlonda
Ray Garcia,Esq. Miami, Florida 33185 Northern District of Florida
Board Certified in Real Estate Late Tel: 305.227.4030 Fax: 305.223.9811 11"Circuit Cow ofAppeals
rgarcia(@Eayearcialaw.com
%,vww,raygarcialaw.com
***Sent via Overnight UPS***
January 6, 2012 C
Planning& Environmental
A, N 09) 2
Resources Department 01?"
2798 Overseas Highway MONROE CO. PIANNING ,� 'EPT.
Suite #400
Marathon, Florida 3')050
Re: Applications for Residential Administrative Relief for Loan Numbers:
07100479, 07100486, 07100485 and 07100483
To Whom It May Concern.
Enclosed herewith, please find the original fully executed Applications for Residential
Administrative Relief for the above mentioned loan numbers along with payment for same.
If you have any questions or concerns in regards to the above mentioned matter, you may reach
me at 305-227-4030.
Sincer
ar
Enclosures
RG/
APPEICATION
MONROECOUNTY
PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
APPLICATION FOR RESIDENTIAL ADMINISTRATIVE RELIEF
Administrative Relief fee:$1,011.00
ATTACHMENTS: 1)COPY OF CURRENT PROPERTY RECORD CARD,2)COPY OF THE
RECORDED DEED OF THE SUBJECT PROPERTY AND 3)A VEGETATION SURVEY DATED
WITHIN SIX MONTHS OF ADMINISTRATIVE APPLICATION SUBMITTAL IF YOU HAVE
QUESTIONS OR WISH TO MAKE AN APPOINTMENT TO DELIVER YOUR APPLICATION
PLEASE CALL THE GROWTH MANAGEMENT OFFICE CLOSEST TO YOUR PROJECT.
Property Owner's Name: VY2. Wwa.Aft
wO
(Business/Corp Documents showlag who la authorized to s1p)
Property Owner's complete mailing address: D- V'!i0A
.....................................................
Phone: Fax:
....................................................
Agent's it"C's
(Required for ag":am agent audionzinion for the ROGO Application fiora a Prop"OWTETS)
kis
Agent's complete mailing address:. .......
Phone:
.._a;05—Z �..Fax: 3;;:�._211 5=4CM___\
(Please attach a notarized statement authorizing representation of this application by all property owners.
The statement should read:"],(owner's name)authorize(individual you are authorizing to represent you)
to represent my property for this application for Administrative Relief'.
011
PROPERTY DESCRIPTION: Lot 2= Block Subdivision DQL I5__P)Cro
Key(islarift -1 MM: RE:Street:
Ymetes and bound�2it ta ch'ii n on separate sheet.
Building Permit Application#: oo Lk-jc(
Date of most recent ROGO
What kind of administrative relief are you seeking?__a%a
Nate PwrAW to Monroe Cousiry Code preferred Board ofCounryConcrussioniss action is to c4er purchase ifthelTo cd
II.IN-A(Special Protection Area);or III onricamabcsfroni lot suitable for affordable housing.
NOTARY:
�STATE OF FLORIDA A—pp I i s Signature
COUNTY OF IV�I a vyl Iad-f- (it'
The foregoing signature was acknowledged before me this—day of 20
B R=u�A C-A aruw, �who is personally known to--or produced
(PRINT 14AME OF PERSON SIGNING)
as identification.
my commission expires: C, I)s I)__0 I�b
(YAXqAAA/"& NhTMWQARCK
Signature o@Notary Public,State of Florida WOOMMUMfEEMM
EXPFM,Pjn28,2015
TO BE COMPLETED BY STAFF-DATE: ROGO APPLICATION#,
ief Res 1 uon Dec 8 20 1 O.doc 10
Applicants Initial and date:
o,
MONROE C'OUNTY
PLANNING&ENVIRONMENTAL RESOUR('MS DEPARTMENT
APPLICATION FOR RESIDENTIAL ADMINISTRATIVE RELIEF
Administrative Relief fee S1.011.00
Monroe Coua -itjy Cock Section .138-2 7
Requirements f6rAdminivradveRelief.
(1) if an applicant for an allocation award:
a, Whose application has lefn D awwd for four -.1 i�Lr _gr�_jn the
Jmk _AnL211ocat----------L-----i!i1_§1nct L -it
Permit Allocation Svaten and fails to receive an allocation award,said applicant may apply n,,!,
the board foradministrative relief'pursuant to the tenns and conditions set forth herein,and
b. Whose proposed development other-,vise meets all applicable county, state, and f�derm
regulations-and
c. Whose allocation application has no b�tn r.hLJE4yyn,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.
re,ulations.
(2) An application for administrative relief'shall be made on a form prmribed by the Director
Planning and may be filed-with the Director of Planning u, h,
n no -ofthe
d later
_fourLh a Zu t i9RD e_ _qLgU�L g2d.
(3) Upon filing of an application for administrative relief,the Director of Planning, & Enviyonmenta;
Resources shalt forward to the board all relevant files and records relating to the subject.
applications.Faiture to file an application shall constitute a waiver of any rights under this senon n,
assert that the subject.property has been tAk-en by The county without payment of'just corn pensation
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 pub,ic
hearing at.-which time the applicant will be given an opportunity To be heard.
(45) 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 SLibrrutied by the applicant.
,6) At the conckmiori of the public hearing, the board may take the followings actions pumuarit to
Monroe County Code Section 138-270)and Monroe County Comprehensive Plan Policy 101 6 l
and Policy PA.6.5:
a Offer to purchase the property at fair market value as the Board of County CoinmisnOnerS
preferred action if the property is located within:
i. a designated.Tier I area;
h a designated Tier 11 area(Big Pine Key and NO Name Key):,
iir a designated Tier IH-A area(Special Protection Area),or
iv a designated Tier HIl area on a non-waterfi-ont lot suitable for affordable housing. "Fair
market-value"shall be an amount which is no less than ad valorem valuation in the
Monroe County Real Properry Tax roll for the year 1992.
b. Permit the minimum reasonable economic use of the property "Minimum reasonable economic
use" reams; is applied to any residentially zoned lot of record, which was buildable
immediately prior to the effective date of the Plan,no less than a single-family residence
c Suggest such other relief as may be necessary and appropriate,
(7) Limits on administrative allocations per quarter- The number of allocations that may be awarded
under administrative relief in any one quarter shall be no more than fifty percent. of the total
available market rate allocations available in a quarter for that subarea, Any allocations in excess of
fifty percent shall be extended inio the SUCcreding, 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 grantme of ROGO
allocation award,
Pa
I Reh tion Dec 8 2010-doc
Applicants Grunal and date
EXHIBIT 1
Property Search--Monroe Co. y Property Appraiser Pagel of3
Karl D. Borglum
office (305) 292-3420
Property Appraiser fax (305) 292-3501
Website tested on
Monroe County.. Florida Internet Explorer
GIS Mapping requires Adobe Flash 10.3 or higher.
(An Export Map widget is in the lower left corner.)
................-............... - -. .........
Property Record View
Alternate Key: 1382353 Parcel ID- 00310240-000000
................................................................. ............. ..................................................................................... .......................................................
I Ownership Details
Mailing Address: All Owners:
AKINS JOHN WAND GLENDA AKINS JOHN K R/S,AKINS JOHN WAND GLENDA
PO BOX 246
KEY LARGO,FL 33037
.................
I Property Details
PC Code. 00-VACANT RESIDENTIAL
Millage Group: 1 OOH
Affordable Housing: No
Section-Township-
14-66-29
Range:
Property Location: VACANT WITTERS LN BIG PINE KEY
Subdivision: DOCTORS ARM
Legal Description: BK I LT 23 AND SLY 26 FT LT 24 DOCTORS ARM SUB P133-141 BIG PINE KEY OR409-382/85 OR788-
1431 OR849-801102 OR1 394-33 OR2101-1457 OR2404-841 Q/C
........................ .................- ................................. ............ ............ .........
-—--------... .... .... .... ....
-----------------------
Show Parc6l Map- Must have Adobe Flash Player 10.3 or higher
....................................................................................................................................................................—""............................................................................................................................................. .
............................................................................................................................................................. .........................................................................................
................................... .....-"" ..................... ................... ..........
............... .......... .......................................................................
Land Detalls
Land Use Code Frontage Depth Land Area
M1 OW-RES WATERFRONT 0 0 14,680.00 SF
............I...................................... ........................................... .............. ............... ............... ......................
Appraiser Notes
S-LY 26'OF LOT 24(RE 00310250-000000 AK 1382361)HAS NOW BEEN COMBINED WITH THIS PARCEL PER OWNER'S
REQUEST,DONE FOR THE 2007TR 51OW07 JDC
2007105 PERMIT#07100479 FOR SF H IN PROCESS PER BLDG DEPT(JDC)
............
Parcel Value History
Certified Roll Values
Property Search-- Monroe Co, y Property Appraiser Page 2 of 3
View Taxes for this Parcel.
Roll Total Bldg Total Misc Total Land Total Just Total Assessed school school Taxable
Year Value Improvement Value Value (Market)Value Value Exempt Value Value
2011 0 0 72,308 72,308 72,308 0 72,308
2010 0 0 102,760 102.760 102,760 0 102,760
2009 0 0 102,760 102,760 102,760 0 102,760
2008 0 0 117,440 117,440 117,440 0 117,440
2007 0 0 411,040 411,040 411,040 0 411,040
2006 0 0 127,500 127,500 127,500 0 127,500
2005 0 0 127,500 127.500 127,500 0 127,500
2004 0 0 51,000 51,000 51,000 0 51,000
2003 0 0 44,625 44,625 44,625 0 44,625
2002 0 0 44,625 44,625 44,625 0 44,625
2001 0 0 44,625 44,625 44,625 0 44,625
2000 0 0 44,625 26,775 26,775 0 26,775
1999 0 0 44,625 26,775 26,775 0 26,775
1998 0 0 44,625 26,775 26,775 0 26,775
1997 0 0 44,625 26,775 26,775 0 26,775
1996 0 0 44,625 26,775 26,775 0 26,775
1995 0 0 44,625 44,625 44,625 0 44,625
1994 0 0 44,625 44,625 44,625 0 44.625
i
1993 0 0 44,625 44,625 44,625 0 44,625
1992 0 0 44,625 44,625 44,625 0 44,625
1991 0 0 44,625 44,625 44,625 0 44,625
1990 0 0 41,650 41,650 41,650 0 41,650
1989 0 0 37,825 37,825 37,825 0 37,825
1988 0 0 25,500 25,500 25,500 0 25,500
1987 0 0 25,500 25,500 25,500 0 25,500
1986 0 0 25,500 25.500 25,500 0 25,500
1985 0 0 22,000 22,000 22,000 0 22,000
1984 0 0 22,000 22,000 22,000 0 22,000
1983 0 0 22,000 22,000 22,000 0 22,000
1982 0 0 15,909 15,909 15,909 0 15,909
Parcel Sales History
NOTE: Sales do not generally show up in our computer system until about two to three months after the
date of sale. If a recent sale does not show up in this list, please allow mol°e time for the sane record to be
processed. Thank you for your patience and understanding.
Sale Date Official Records Book/Page Price Instrument Qualification
31612009 24041841 100 QC 11
3130/2005 210111457 1 wD M
....... .. ... ....
AD
Property Search-- Monroe Co y Property Appraiser Page 3 of 3
This page has been visited 109,262 times,
Monroe County Property Appraiser
Karl D. Borglum
P,O. Box 1176
Key West, FL 33041-1176
EXHIBIT 2
Ir2,
Giy, n Y I Mft.+?/1//G/iwcwi. nY Yv'uw . U.' y
I
10
Vegetation 5urveq
PROJECT
AKINS DEVELOPMENT
LEGAL DESCRIPTION.
BLOCK 1 , LOT 23 & PORTION OF LOT 24
DOCTORS ARM, BIG PINE KEY
REAL ESTATE NUMBER
00310240-000000
10/30/2011
i TINGLER , FL 33050
.1 IL
PHONE_( 395-1965
3
Julie Cheon Environmentalo s lta
Phone( 5)395-1985 71 Ti glen Lane,Marathon F1 33050 Fax(3 )743-4 87'
Overview:
The following report includes a site description, a list of vegetation located on site, and a
map indicating the location of relevant features and all Listed species.
Site visits were performed on October 8`h, 22"d and 26`h,2011.
Site Description:
The above referenced parcel is approximately 14,680 square feet (sf) and is located in an
improved subdivision. The parcel is bordered on the north and west by similarly
vegetated vacant parcels, on the south by a paved road, Watson Boulevard, and on the
east by an open water shoreline. Please see "Attachment A"for a location map.
The property is located within the National Key Deer Refuge.
A deer was observed onsite. Two species of butterflies were also observed; Strymon spp.
and Danaus spp.
The parcel is disturbed and, with the exception of the shoreline, is predominantly
vegetated with groundcovers. Some substrate was impenetrable while other areas had a
thin layer of sandy substrate. A low lying area along the southwest portion of the parcel
has a slick mucky substrate indicative of wetlands. The land appears to have been
previously used for a trap yard, as trap debris is located on site. Areas of concrete wash-
out were observed. Shell fragments, presumably scraped from traps, are located on the
property. Deer scat is located throughout the property.
The shoreline contains a mix of mangroves and buttonwood.
The Monroe County Habitat Maps classify this parcel as "Undeveloped Lands.
parcel is predominantly vegetated with Andropogon glomeratus, Phyla nodiflora,
Fimbristylis cymosa, Sporobolus virginicus and Distichlis spicata. Many of the species
located outside of the shoreline are considered species that inhabit wetlands. There are
pockets of algal growth on the parcel, with some well formed scattered algal mats. With
the exception of the aforementioned soil, no other wetland indicators were located
outside of the shoreline. Portions of the parcel are likely,jurisdictional wetlands. Formal
jurisdictional determinations from the Florida Department of Environmental Protection
and the Army Corps of Engineers are recommended.
Vegetative Species of Note:
There are three Listed species (Conocarpus erectus, Phyla nodii fora, and Galactia
volubilis) and three state protected species (mangroves) on site. A species is considered
Listed if it is designated Endangered (E), Threatened (T), Regionally Important (RI), or
Commercially Exploited (CE), or if it is a Native species greater than 4" diameter at
breast height(N>4"dbh). All Listed species require mitigation if impacted by
JulieeEnvironmental Consultant
Phone( )395- 9 5 71 Tingler Lane,Marathon F1 3 (305)7434587
J,
Overview:
The following report includes a site description, a list of vegetation located on site, and a
map indicating the location of relevant features and all Listed species.
Site visits were performed on October 8t', 22"d and 26`h, 2011.
Site Description:
The above referenced parcel is approximately 14,680 square feet (sf) and is located in an
improved subdivision. The parcel is bordered on the north and west by similarly
vegetated vacant parcels, on the south by a paved road, Watson Boulevard, and on the
east by an open water shoreline. Please see"Attachment A" for a location map.
The property is located within the National Key Deer Refuge.
A deer was observed onsite. Two species of butterflies were also observed; Strymon spp.
and Danaus spp.
The parcel is disturbed and, with the exception of the shoreline, is predominantly
vegetated with groundcovers. Some substrate was impenetrable while other areas had a
thin layer of sandy substrate. A low lying area along the southwest portion of the parcel
has a slick mucky substrate indicative of wetlands. The land appears to have been
previously used for a trap yard, as trap debris is located on site. Areas of concrete wash-
out were observed. Shell fragments, presumably scraped from traps, are located on the
property. Deer scat is located throughout the property.
The shoreline contains a mix of mangroves and buttonwood.
The Monroe County Habitat Maps classify this parcel as "Undeveloped Lands." The
parcel is predominantly vegetated with Andropogon glomeratus, Phyla nodiflora,
Fimbristylis cymosa, Sporobolus virginicus and Distichlis spicata. Many of the species
located outside of the shoreline are considered species that inhabit wetlands. There are
pockets of algal growth on the parcel, with some well formed scattered algal mats. With
the exception of the aforementioned soil, no other wetland indicators were located
outside of the shoreline. Portions of the parcel are likely jurisdictional wetlands. Formal
jurisdictional determinations from the Florida Department of Environmental Protection
and the Army Corps of Engineers are recommended.
Vegetative Species of Note:
There are three Listed species (Conocarpus erectus, Phyla nodiflora, and Galactia
volubilis) and three state protected species (mangroves) on site. A species is considered
Listed if it is designated Endangered (E), Threatened (T), Regionally Important (RI), or
Commercially Exploited (CE), or if it is a Native species greater than 4" diameter at
breast height(N>4"dbh). All Listed species require mitigation if impacted by
1�4, WW4
Julie Cheon Environmental Consultant
Phone(305)395-1985 71 Tingler Lane,Marathon F'1 33050 Fax( 05)74 ®45�7
i uuuoioimra ��uwawm.. 000imq�rr�w�p�owmwmwwu�uow99otiwtiww����ruuuuuu wurrrui�� .. m u�uwuuw uuu muuuuuumi�murvm
1
development. All Conocarpus erectus have been tagged on site with orange tape. Due to
the delicate nature and short stature of the G. voluhilis only representative specimen were
tagged. Due to the prevalence and the mat-forming growth pattern of the Phyla nodiflora
individual species were not always tagged. When possible individual specimen were
identified. In areas where the density of P. nodiflora or the location of plants mixed with
dense groundcovers prevented the identification of individual specimen from being
determined the number of specimen were estimated as follows:
Observation of individual specimen indicated that a mature plant spread to an
approximately a 3' x 3" area for a total of 9 square feet. Areas with dense coverage were
measured and the number of species estimated utilizing the formula of 1 specimen for
every 9 square feet. To facilitate enumeration the parcel was divided into transects as
shown in "Attachment B." The number of P. nodiflora located in each section is
indicated on the map.
Monroe County Code requires monetary mitigation for all impacted species. The
mitigation amount is calculated by Monroe County depending on the species and its size.
All protected species are shown on the attached map. Please note that locations are
approximate due to the density of the vegetation and the limitation of the measuring
device used (measuring tape).
Appropriate permits must be obtained from Monroe County prior to removal of any
vegetation. Please consult the Monroe County Biologist for specific requirements.
Please feel free to direct any questions regarding this report to the author at the above
referenced contacts.
1469
Julie Cheon Environmental Consultant
Phone(305)395-1985 71 Tingler Lane,Marathon FI 33050 Fax(305)7434587'
Species Us
Scientific Name Common Name Status Wetland Status Notes
Andropogon glomeratus Broom Grass N FACW(DEP)FACW+(NWI) Predominant
Avicennia germinans Black Mangrove N OBL(DEP,NWI)
Batis marilima Saltwort N OBL(DEP,NWI) Shoreline
Bidens Alba Beggar Ticks N
Blutaparon vermiculare Samphire N FACW(DEP) FACW+(NWI) Shoreline
Borrichiafrutescens Sea Daisy N OBL(DEP,NWI)
Cenchrus spp Sandspur N
Chamaesyce Coastal Beach Sandmat N FACU(NWI)
mesembrianthemifolia
Conocarpus erectus Green Buttonwood N FACW
Cyperus ligularis Bull Rush/Swamp Flat Sedge N FACW(DEP,NWT) Frequent
Distichlis spicata Salt Grass N OBL(DEP)FACW+(NWI) Predominant
Eustoma exaltatum Seaside Gentian N FACW
Fimbrisrylis cymosa(aka F. Hurricane Grass N FAC(DEP)FACW(NWI) Frequent
spathacea)
Flaveria linearis Yellowtop N FACW
Galactia volubilis(aka. Eastern Milkpea RI FACU(NWT)
Smalli)
Laguncularia racemosa White Mangrove N OBL(DEP)FACW+(NWT)
Mikania scandens Climbing Hemp Vine N
Phyla nodiora Matchweed RI FAC(DEP)FACW(NWI)
Rhizophora mangle Red Mangrove N OBL(DEP,NWI) State
Protected.
Sesuvium porlulacastrum Seapurslane N FACW(DEP,NWT)
Spermacoce verticillata Shrubby False Buttonweed ex
Sporobolus virginicus Seashore Dropseed N OBL(DEP) FACW+(NWI) Prevalent
Unidentified Grass
Unidentified Groundcover
Keg -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
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EXHIBIT 3
ao
ADMINISTRATIVE LIEF 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
1
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
.23
County of Monroe
w
Growth Manag=ent Division
w„
1 Holes t
2 Highway
2
Suite#410 Mayor Pro Tam MWaJ.Mm7hy,Dim 5
Marathon,FL 33saKim Wigington, I
Voice:: ( 5)2M25W Heather Catradmr,Dist 3
FAX )2W2536 Muic EX Cemm,DiaL
7
John Akins
107 First Terrace
Key Largo,FL 33037
RE: ROGO Applications 07100486; 1 ; 1 ; 07100483
PlanningDear Nft.Akins:
The scoring
applications 1 ; 1 development in
applicationsthese isgiven
a-4 point assignment fbr being located in the`V' zone special flood hazard are&
If you have any questi Iease contact me at 305-259-2513.
Sincerel
Stankiewicz
r. lanning Tech,
Townsley Schwab,Planning&Environrnentala r
EXHIBIT 5
a
1,
MEMORANDUM
MONROE COUNTY PLANNING&ENVIRONMENTALRESOURCES
We ve to be caring, ai andfair
Planningssi
Tiffany t e `cz, Development Administrator
Through: Townsley Schwab, Sr. Director of Planning
Date: September 1 , 2010
uResidential ! ` iEvaluation for Big PinelNoSubarea
Quarter 4, Year 1
Meeting Date: September 8, 2010 continued to September , 2010
This report has been prepared pursuant to Section 138-26 of the Land Development Regulations
). The proposed residential dwelli it (Big PinelNo Name Key Subarea)
3 attached to this report are for the fourth quarter of year eighteenc v e period April
1 ,2010, u July 12, 2010.
8 The public hearing for the BigPine/No Name Keyslac ranking
determination was continued by the PlanningCommission from September 8, 2010, to let Banks
10 Prevattinformationn behalf of Mr. John Akins regardinge scoring corrections
11 for properties identified by real estate numbers 00310220.000000, 1 2 ,
12 00310280.000000, .
1
1
1
16 On Marchapplicant, i e Board of County
17 Commissioners aboutof e rankings approved
Planning18 ssi i , 2010 of tin 04-10 which affected s four
19 ROGO Applications. The subject li " s are under the ownership of John
Akins, John W. and Glenda . The appeal is based on the original incorrect scoring
1 of the properties as being in an AE floode when the properties are, ' fact, in
points).
Section23
24 Monroe County Code 1 -1, ARpeals states that an appeal from the decision of the
Planning25 isin on a ROGO allocation shall be made to the Board of County
26 Commissioners i 20 days of the Planningssi n' ciifiling of an
Page I of
9P
I appeal does not stay either the action of the Planning Commission or the action of the
2 Planning Director. This appeal of the approved ROGO Rankings by the Planning
3 Commission from March 10, 2010 was filed in a timely manner. However, the actual point
4 reductions and ranking changes occurred in June 10, 2009 by Planning Commission
5 Resolution P23-09. The Code does not specify that the appeal must follow after any specific
6 quarterly ranking.
7
8 Originally staff was prepared to schedule thea al 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, 20 10, Board meeting, which request was granted. On July
11 20, 2010, Lee Rohe, Esquire, requested the appeal be deferred from being presented before
12 the Board of County Commissioners. The applicants decided to of the appeal in order to
13 first present their objections to the Planning Commission since applicants may offer
14 testimony out it application at any public hearing concerning ROGO in any quarter(Mr.
15 Rohe no longer represents Mr. Akins in this matter).
16
17 Since the scoring correction, the Planning Commission has reviewed and approved 5
18 quarterly rankings reflecting the scoring corrections. Neither the applicant nor authorized
19 agent where present at these public hearings. The last approved quarterly rankings for Big
20 Pine/No Name Key subarea were on June 9, 2010.
21
22 B. Applications and Locations
23
24 Applications and Locations:
25
26 1) Building Permit Application & ROGO Application: #07100486
27 Legal Description: Lots 21 and 22, Block 1, Doctors Arm Subdivision, Big Pine Key,
28 Monroe County, Florida
29 Real Estate Number: 0312 .000 0
30
31 2) Building Permit Application & ROGO Application: #07100479
32 Legal Description: Lot 23 and SLY 26 ft Lot 24, Block 1, Doctors Arm Subdivision,
33 Big Pine Key, Monroe County,Florida
34 Real Estate Number: 00310240.000000
35
36 3) Building Permit Application& ROGO Application: #07100485
37 Legal Description: Lot 27 and NLY 51 ft Lot 26, Block 1, Doctors Arm Subdivision,
38 Big Pine Key, Monroe County, Florida
39 Real Estate Number: 00310280.000000
40
41 4) Building Permit Application &ROGO Application: #07100483
42 Legal Description: Lot 25 and SLY 17 ft Lot 26, Block 1, Doctors Arm Subdivision,
43 Big Pine Key, Monroe County, Florida
44 Real Estate Number: 00310260.000000
45
46 Owner: John K. Akins, John W. and Glenda Akins
Page 2 of 9 27
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ti
proposed residence in
the VE Zone).
14 Bulldlng Department Reviewed for AE Zone Reviewed for VE zone Reviewed for VE zone Revi:ewled for VE zone
reviewed plans for construction° construction construction construction
AVVE Zone
condiruction®
...............
Bulldlng Department May 30,2007 June 6,2007 June 6,2007 June 6,2007
forwarded
applIcation t o
Planning to contact
applicant to enter
ROGO.
Date ROGO June-12,2007 June 12,2007 June 12,2007 -June 12,-200-7
Application
submitted
Initial Scoring of ROGO Application ROGO Application ROGO App-liciii:-on] ROGO Application
ROGO AppUcation scored as if in AE scored as if in AE scored as if in AE scored as if in AE
for Quarter that Zone (as indicated by Zone(scored in error) Zone(scored in emr) Zone(scored in error)
cl Jul 7, sure or
Scoring Error Early April 2009, post Early AprH 2009, post Early April 2009, post I Early April 2009, post
discovered Tier System should Tier System should Tier System should Tier System should
have indicated -4 have indicated -4 have indicated -4 have indicated -4
pDints Points __pRja� p2ints
Date certified letter April 27,2009 April 27,2009 April 27,2009 April 27,2009
sent regarding
scoring error
Date return recelpt May 15,2009 May 15,2009 May 15,2009 May 15,2009
was sioned
ROGO Rankfugs Planning Commission Planning Commission Planning Commission Planning Commission
Quarter 3 Yr 17 Approved Resolution Approved Resolution Approved Resolution Approved Resolution
indicated Scoring P23-09,June 10,2009 P23-09,June 10,2009 P23-09,June 10,2009 P23-09,June 10,2009
correction
ROGO Rankings Planning Commission FPlaming Commission Planning Commission Planning Commission
Quarter 4 Yr 17 still Approved Resolution . Approved Resolution Approved Resolution Approved Resolution
referen" the P42-09,Sept.2,2009 P42-09,Sept-2,2009 P42-09,Sept 2,2009 P42-09,Sept 2,2009
-n-RdHISP !on
ROGO Rankings Planning Commission Planning Commission Planning Commission Planning Commission
Quarter I 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
7io-Go Rankings Planning Commission Planning Commission I ning Commission Planning Commission
Quarter 2 Yr IS Approved Resolution Approved Resolution Approved Resolution Approved Resolution
continued with PO4-10, March 10, PO4-10, March 10, PO4-1 0, March 10, PO4-1 0, March 10,
correct Points 2010 2010 2010 2010
ROGO Rankings Planning Commission Planning Commission Planning Commission Planning Commission
Quarter 3 Yr 18 Approved Resolution Approved Resolution Approved Resolution Approved Resolution
continued with P 10-10,June 9,2010 P 10-10,June 9,2010 P10-10,June 9,2010 P10-10,June 9,2010
corred Points
F-ROGO RankingsE Planning Commission Planning Commission Planning Commission Planning Commission
Quarter 4 Vr "I continued the review continued the review continued the review continued the review
continued wltb of Big Pin Name of Big Pin Name of Big Pin Name of Big Pin Name
correct points Key Sub s= to Key Subarea to Key Subarea to Key Subam to
�!Tternber 22,201 SSptember
The above chart shows the pertinent information from the initial submittal of the four
applications to the Building Department. Three applications contained infamiation on the
building plans and surveys showing the properties located in the VE flood zone, while one
set of building plans and the survey incorrectly showed the property located in the AE Flood
Zone. When the Applicants subsequently entered ROGO in June 2007, stiff incorrectly
Page 4 of 8
I scored the applications without a VE flood zone deduction of four points pursuant to tier
2 ordinance criteria. The errors were discovered when staff researched the applications based
3 on information from another applicant, received by the Planning Department regarding point
4 deductions for the VE flood zone. One of the four applications was scored in error based on
5 an incorrect survey, which was discovered by staff after examining the Flood Insurance Rate
6 Map (see map in the Section B above which shows the property boundaries and VE and AE
7 Flood Zone line).
8
9 On April 27, 2009, the Applicants were sent a certified letter to the address of record
10 regarding the scoring error. A signed certified receipt dated May 15, 2009 was returned to
11 the Planning Department. Subsequently, the scoring corrections for these applications were
12 identified on the approved ROGO rankings, which are available in the Planning Department
13 and on the County web site. From the information in the foregoing chart the rankings were
14 adjusted and maintained at five quarterly Planning Commission meetings and the applicants
15 did not appear before the Planning Commission.
16
17 D. REVIEW OF APPLICATION:
18
19 Mr. Akins is questioning the reduction of the ROGO points on the four applications stated
20 above. However, the actual VE flood zone point change occurred when the Planning
21 Commission approved quarterly rankings on June 10, 2009(see Res,olution P23-09).
22
23 In April of 2009 the Planning & Environmental Resources Director reviewed the
24 documentation (files, flood zone maps, surveys, plans, etc.) to determine if a scoring error
25 occurred by staff regarding the flood zone points. After the review, the Director determined
26 that scoring errors occurred on the four applications. Therefore, the applicants were sent a
27 certified letter (Certified Mail Return Receipt 7006 2150 0001 0488 1131) dated April 27,
28 2009 regarding the flood zone scoring error, which was signed for on May 15, 2009. The
29 applicants were notified as soon as the error was discovered.
30
31 The Department was compelled to correct the error, in order to preserve the rights of other
32 applicants in the ROGO rankings. The rankings of the applicants' properties moved down
33 approximately 18 places. The rankings prior to the corrections showed the applicants
34 ranked 22, 23, 24, & 25 and the next rankings with the corrections showed them at. ,40
35 419 429&43
36
37 Mr. Banks Prevatt came into the Planning Department in November of 2009, requesting
38 information out 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 submitta
41
42 The properties are located in the Big Pine/No Name Key ROGO Subarea- This subarea is
43 limited to 8 market rate allocations per year, allowing for 2 allocations per quarter, provided
44 there is enough mitigation to cover the H-value used for allocations. In the quarterly
45 rankings approved by the Planning Commission March 10, 2010, the two applicants who
46 received allocation awards each had 20 points and the subject applications of the this appeal
Page 5 of 8 ::„
I each had 8 points. On June 9, 2010 the Planning Commission reviewed and approved another
2 quarterly ranking on Big Pine/No Name Key Subarea, which reflected tea li 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 the closure of the I e quarter, after the ROGO
7 application was made, the applicant will have 180 days to submit four Administrative Relief
8 Applications.
9
10 There is an alternate avenue available for the applicants to investigate regarding the VE flood
11 zone designation. Property owners may seek a Letter of Map Revision (LOMR)requesting a
12 revision showing their property is located in a different flood zone. There has been a
13 property in Doctors Arm that recently obtained a LOMPL The applicants may contact Diane
14 Bair, Special Projects/Floodplain Administrator for additional information regarding this
15 process.
16
17 As an aside, the applicants should contact the surveyor regarding the need for a corrected
18 survey and also, should contact the Monroe County Building Department regarding any
19 building plan corrections that may be required for the property identified with real estate
20 number 00310220.000000.
21
22 Staff concludes the scoring was correctly adjusted to reflect the VE flood point deduction.
23 However, if new evidence is submitted to show the properties are in the AE flood zone and
24 no portion of the structure is located in the VE flood zone, then the points could be positively
25 adjusted accordingly.
26
27 LU FACTORS
28
29 Monroe County Code Section 138-26 (c)(3): The basis for any planning commission changes in
30 the scoring or ranking of market rate applications shall be specified in the form of a motion to
31 adopt the allocation ranidngs and may include the fotlowing:
32
33 a. An error in the designation of the applicable subarea.
mistake in the calculation of dedicated or aggregated lots/land.
35 C. A mistake in assigninent of the tier map designation in the
36 application. Such a mistake in reading the tier designation in
37 applying points for the application, any change to the tier map
38 must go through the procedures for amendment of the tier map.
39 d. Any other administrative error or ornission 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 systern. The code
44 allows the Planning Commission to adjust a score if the change is to correctly adjust the score.
45 The applicants' ROGO scores are correct; therefore, the scores cannot be adjusted to reflect
46 incorrect information or an inaccuracy in applications or errors by staff to raise an applicant's
Page 6 of 9 31
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 LH 1,ALLOCA TION FA
5
6 A. Pursuant to Section 138-24 the number of annual allocations available is 197.
7
8 B. Section 138-24(c) allows any unused portion of affordable housing allocations to be
9 retained and rolled over into the next dwelling unit allocation year.
10
I I C. Section 138-24(a)(4) allows the Planning Commission to amend the affordable housing
12 proportions during any ROGO quarter.
13
14 D. Section 138-27(g) limits admstrative relief allocations per quarter. The number of
15 allocations that may be awarded under administrative relief in any subarea quarter 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 Tier I shall be limited to no more than three (3) in the
20 Upper Keys and no more than three (3) in the Lower Keys. Big Pine/No Name Key is
21 limited tot (10) allocations over a twenty year period or H=.022 whichever is lower.
22
23 Below is a to tracking the Tier I allocations by quarter/year.
24
!�ff(1dand) Permit Ye
r Namber Tier AflocE#2g s type u ear
' "
Subarea ft Pine:04a Der-27,2M(CWhmnce 629-2004) 1
Adm.Relief 72Y 16
25 Bi2 Pine 97101361 Market Raw I Y 17
Monroe County Code Section 138-25(o Expiration of allocation award: Except as
27 provided for in this division, an allocation award shall expire when its corresponding
28 building permit is not picked up after sixty(60) days of notification by certified mail of
29 the award or, after issuance of the building it.
30
Monroe County Section 13 8-24 allows a total of 8 market to allocations per year for the
HBig Pine/No Name Key Subarea.
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
awards that expired prior to the issuance of a corresponding building permit.
42 The evaluation of the allocation applications was performed by the Planning & Environmental
43 Resources Department. Positive and negative points were granted in compliance with the
hge 7ofg
I evaluation criteria contained in Section 13 8-28 oft LDRs for the Big Pine/No Name Key Sub-
2 areas.
3
4 If applications received identical scores, they were fzst ranked by date and time and further
5 ranked based on the applicants with the fewest negative number of points on the same day.
6 Please note that any excess allocations approved must be deducted from the next quarterly
7 allocation period pursuant to Monroe County Code Section 138-26(e).
8
RECOMMEADA,TIONS.-
A. MadLe ate l dos 4 e 1 :
13 The number of applications in the Big Pine/No Name Keys was greater than the quarterly
14 allocation awards available. Per Section 138-26(b)(7) of the LDRs, the rankings that indicate
15 which applications received sufficient points receive an allocation award. An additional page is
19 attached which identifies the location of each proposed allocation by island and subdivision.
18 The Market Rate applications that are within the quarterly allocations recommended for Quarter
18 4 Yew 18 approval are as follows:
21 Big Pi p Name K Applicantanked through 2 ar rconunended aocation wards�Ms: s r I e e for ll a 22 based on mitigation available from Monroe County. Applicants ranked 3 through 44 are
23 recommended to be approved in the order ranked.
24
Page 8 of 8 �3,3
EXHIBIT 6
34
08/02/2011 13:42 619-422-2696 CYM- CHLJLA VISTA PAGE 01/05
A
Ott)
I by authorke, LAW OMCE OF RAY GARCIA, G&RCLA. ESQ, AND
PAoLA =mms to be listed as authorized agent for GLFMA AKWS for the
AdmiWsMktive Relief appli@afion subMitW fbr Building Perinit and ROGO Application 1,1
071M79,07100485,07100493 and 07100486,for property described as Let:21,22,23,24,25,
26 27,Block 1, Subdivision: Doctor's Arm,Key: E% Plae Key and Real Estate number:
003102WO00000,00310260-000000,00310240-000000 and 00310220-000000.
TWs authorization beqQme4 eM-ctiw on tho daft tbj4 affid4tvit is nowized and shah romaio in
effect until terminated by the and gna This authorization am as a durable power of awmey
only for the purpom stated.
ThQ uadw-signed undasMAs*e TMIMee imvo-tved in the'gm tin g of thk 49ancY 40 a..=-epts
AW responsibility (thus holding Monrov Co umy harwjess) for any and all of the actions of the
agent named,rclzftd to tho acquisition of permits for the aforementioned Vplioant
Note: Auth9rizeti'on is neWed from e,%qh ownw of d:Le subje4 pmpwy. Ther0we, Qno or more
atftorization fix=must be submitted with the app lication if there are multiple ownas
BY'.
owner(s)i Applicant Signature
gj& A AMEMS.......
Printed Name of Owner(s)/Applicant
NOTAR
STAT-S
Y:
O-F A i 2 F-attprh
COUNTY OF =2AZ Pj 6 4 0
t was Wm4wle4ged before me illis S7'
y of
V.5 7 2011- Glenda Akim is personally known produced
Lle&fe _Type of Wentification);iRffdid not
take an oath.
J=.IEL PEW"VW1
D i
.#IgnI44
MOMY PtXM P Cmr-OW
OM-MM Mow FEB.23,2014
pity=
QNBEGOCOMY
Nopfr—y
Adminigra&e Relief Agent Authorization Form FQe 1 of I
08/02/2011 d3:42 619-422-2695 CYM CHULA VISTA PAGE 02/05
I heretry authorim, LAW OMCE OF RAY GARCM P.A., RAY GARCIA4 ESQ. AND
PAOLA EMNSES to be listed as althorized agent for JOBN W. AIUNS fbr the
Admirsistndve Relief plic on stibmit W- for Building Perruit and ROGO Application a
07ION79,07100485.07100483 and 07100486,for property described as Let:21,22,A 24,25,
26 27, Block 1, Subdivision: Doctoi's Arm, Key: Big Pine Key and ReW Estate number.
003102WO00000,003102604MM,003102404XMW and 003102204MOOO.
This authorization becomes efftfive on the date this affidavit is notarized and shall rmain iA
effect until betmiltvied by the undersigned.This authorization acts as a durable power of attorney
only for the pmrsft sWed.
The andwsigned undenamds the liabilities involved in the granting of this agency and accepts
faU msponsibi* (thus holding Monroe County harmless) for any and all of Ihe acdons of the
agent nmed,related to the acquisition of permits for the afomnentioned applicant.
Note: AWhorization is needed from each owner of the sutiect property. Therefore, one or more
autboriza'on fornts must be submitted with the application if them are xnuld le owners.
p
-17
By:
Qwaepf�)/AppHcant Signature
!M,W-,AKM
Printed Name of Ovvner(s)/Applicant
NOTARY:
STATE oF e-A
COUNff OF 0
The foregoing instrument was arknowledged befm me this -Sr day of
A i,6,,.s r 2011. John W. Akins is personally kno produced
Type of Identificati did not
take an oath. C� 10
J.D:AVEL PENA
NOT Z:
(NOTARY Kftn CALFOFM
N Ra
2015
AdmWsntiva Relief Agent Authorization Form Pao I of I
(Rate)
I hereby authorize, LACY OFFICE OF RAY GARCIA, P.A., RAY GARCIA, ESQ. AND
PAOLA HUE34BES to be listed as authorized agent for JOHN Y— AIGNS for the
Administrative Relief application submittal for Building P r3 =t and ROGO Application #
717 ,0710048 ,071083 and 07100486, far property described as t: 21,22,2 ,24,2 ,
26 27, Block 1, Subdivision: octor's Arra, Key: Big Pine Key and Real Estate number:
0031020-000 ,0312 -00000 , 03120- 00 and 00310220-000000.
This authorization becomes effective on the date this affidavit is notarized and shall remain in
effect until terminated by the undersigned.This authorization acts as a durable power of attorney k
only for the purposes stated.
The undersigned d the liabilities involved in the granting of this agency and accepts
full responsibility (thus holding Monroe Countyharmless) for any and all of the actions of the
agent named,related to the acquisition of p is for the aforementioned applicant.
0
Note: Authorization is needed from each owner of the subject property. Therefore, one or more
authorization forms must be submitted with the application if there are multiple owners.
l
B 4
e s)/ 'cant Signature
J
Printed Name of Owner(s)/Applicant
NOTARY:
STATE OF f`�a 6A0,
COUNTY OFt�
,t
The foregoing instrument was acknowledged before me this day of
2011. John K. Akins is _j,---p—erscnally known produced
identification( Type of Identification), did/did not
take an oath.
x4 rr
'Ay° Nolary Pol vc Sim o!HOMAN ti
\Ar$insa L Gargan d
` p+ My Commasion DD8549i05
Notar41y
4 mod• E.P".,a 03,0 ,2013
Administrative Relief Agent Authorization Form Page 1 of 1
a
37 m
EXHIBIT 7
38
p®e 173458') Icial Records ®f
Parcel IdenlifIC21ion No: Filed & Ra=rded In Off
tWNROE COUNTY DqNNY L. KOLHME
This Insinunent Prepared By
and Rolurn to, 031 t7/2009 11 520"TRINA $0.70
OgED DOC SFAMP CLi
Virginia Pennell
Sunshine Title of the Keys.Inc. Do c# 1734587
102900 Overseas Highway #6 Skis 2404 P90 841
Key Largo,Florida 3 303 7
QUITCLAIM DEED
This Quitclaim Deed,made sLdy of March,229,beiween CANDACE AKINS,whose address is
rantor.and JOHN W.AKINS and GLENDA AKINS.
husband and wife and JOHN XAKlNS.fount tenants with rights of survivorship whose address is P.O.Box 246.
Key Largo.Florida 33037, Grantees.
Witnesseth,Thai the Grantors,for and in consideration of the sum of—---—----TFN&NO1100(V D.0 .......----
-,DOLLARS.and other good and valuable consideration to Grantor in hand paid by Grantees, the receipt of
which is hereby acknowledged•have granted,bargained and quitclaimed to the said Grantees and Gramees heirs-
and assigns forever, the following described land.situate•lying and being in the County of MONROE,State of
Florida,io-wii
Lots 19.20.21.22,23,24.25.26 and 27.Block 1.DOCTOR*S ARM SUBDIVISION.according to the
Plat thereof as recorded In Plat Book 3.Page 141.of the Public Records of Monroe County.Florida.
THE PROPERTY DESCRIBED HEREIN IS VACANT LAND AND DOES NOT CONSTITUTE
THE HOMESTEAD OF THE GRANTOR.NOR IS IT CONTIGUOUS THERETO.
To Have and to Hold the sanie together with all and singular the appurtenances diereunto belonging or in anywise
appertaining,and all the estate.right,tide,inteMt,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 Wbereof,the Grantor has hereunto sei her bud and seal the day and year firsi above written
Signed,spoled and deli in our presence
W, #1 Sigpature MNDACE AKXNS
P.O.Box 246,Key Largo.Florida 33037
..............
'mess °gn
Witness&Prinled Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me This d of March.2009,by CA ACE AKrNS
who is personally known In me or who bas produced
SEAL
..........
ulry ture
Printed Notary Signature
My Commission
4f
#lot tottOO
NWOE COUNTY
OFF2CIAL RECOPDS
File*10902430
EXHIBIT
Ghmsley-Susan
sent Monday,July 09, 2
Stankiewicz-Tiffarry
s rgarda@raygarr.ialaw.com
Subject Akins
To ensure smoother in e to havehearing it o surprises and fuf f disclosure, f spoke with
Garcia is amending his application to include flocation. He will put the Sept 19,3:00t is cafe
Susan Grimsley,
Assf.County Attorney
Ph 305292.3470
Fax Key West FL 33040
Marathonf
Stanidewicz4ft
Grimsley-Susan
Sent: Tuesday,August 21,2012 11:34 AM
To: Ray Garcia (rg arcs @ray garcialaw.com)
cc Stan kiewicz-Ti ffany, Schwab-Townsley, Hurley-Christine,Tezanos-Mayra
Subject Akins Administrative Relief Hearings
Please be advised that the regular meeting of the Monroe County Board of County Commissioners has been changed to
September 21,2012.This was done at the meeting of August 15, 2012.The hearings on the applications you have
submitted on behalf of the owners(Akins)for administrative relief will be scheduled for 3:00 PM on September 21, 2012
at the Marathon Government Center 2798 Overseas Highway, Mile Marker 50, Marathon, Florida.
Please acknowledge receipt of this e-mail.Thank you very much.
Susan Grimsley,Asst. County Attorney
III I 12th St
Key West, FL 33040
Ph. 305.292.3470
Fax 305.292.3516
Marathon Telephone 305.289.2500
NEW APPUCAT19N�V : p 71
RESIDENTIALAPP ON FOR I
:(, $) Phwtadon Ker. t 1852-7100
Application0.
y
PLEASE PRINT ANDAKiN A COPY OF q PROPERTY REcoRo CARD. IF YOU HAVE QUESTIONS
OR WISHTO I TO D YOUR LI TIO . P E
GO IFFICE CLO T TO YOUR PROJECT. I APPLICATION IS
ACCEPTEDD DEEL COMPLETE, REVISIONSWILL ONLY BE ACCEPTED IF A NEW
APPLICATION IS SUM
Owner(s) . L
Pn. 3 H) 36S-? 3V
Mailing d 0 ( Stata: Trp: 3
Agenes •(W) (H)
Mailingr
State: —zip:
oP RTY
46E o ,2
Key: t b 5d' � 3rd.. �lr!
tf NUMBER OF UNITS i V/RV: rd:
Check Y "No. If ' athich the requested docunmmts,.
Y —No J =ftuousIna lagally platted subdivision with water.
of a electricity,
&W paved
a t limiting
number of 7 Homing In favor of and anknmble by dw County.
as--No The units)wal aPOKWbis homing. Altadwnant required is a
Y L in areas pmpowd f u. ..
z 3) of W9 insurance,1) 4) s).
( )° $) asowner
wroved :°(S)
of Me landto
k
�Y
a
Yes.�No r- T of R es)am baN uftW inthe&wdWm@Mofaftdwdding unit$.
Attachment rsq s a or a of
OrderaIPWN
a for TRE's WM to be used for ft q#cabon.
t 1}r lra to 2}
A!l of of
and 3} a of
Jnbn 9.5-113 af
=7��wa&ad
na of iSignituie #
ke
9 Me 5�ok 57, "Ir
L y day n 5
TO BE COMPLETED Y qTA
, F-DATE: C i t Y 'n E: /L PERmrrU7 r•c ��t
g w"k DW 1.
r
T
i
EXHIBIT
County of Monroe
Growth Management Division
d t
2798 Overseas Highway r iss e s
Suite#410 ' Mayor George Neugent,Dist.2
Marathon,FL 33050 �~ Mayor Pro Tem Sylvia J.Murphy,Dist.5
Voice: (305)289-2500 g KimWigington,Dist. I
r FAX: (305)289-2536 Heather Carruthers,Dist.3
r Mario Di Gennaro,Dist,4
We strive to he caring,professional and fair
CERTIFIED MAIL 70062150 0001 0488 1131
April 27, 2009
John Akins
107 First Terrace
Key Largo, FL 33037
RE: ROGO Applications 07100486; 07100479; 07100485; 07100483
Dear Mr... Akins
The Planning & Environmental Resources Department has found a scoring error on ROGO
applications 0710046; 0710 79; 0710045; 07100483, The proposed development in each of
these applications is located in the `V' flood zone. Therefore, each application has been given
the-4 point assignment for being located in the `V' zone special flood hazard area.
If you have any estion 1 e contact me at 305-289-2513.
Sin el
i e Z
Sr. Planning Tech.
cc: Townsley Sehwab, Planning&Envir(lfthnental Resources Director
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EXHIBIT
Appeal withdrawn from the July 21,, 2010
Board of County Commissioners Meeting
I Of2
Stan1dvMcz-Tjftny
From Garnste"usan
Sent Tumfty,August 17.2010 4-24 PM
TO., Lee Rohe
cc, Hutton-Suzanne;SUnkWMcz-Tftny-.Sd*mj)-Townajey-
8U*cL,RE:Alkens Appeal Hufty.Mrh*ne
Thank u.
Susan GrIrmley.Asst.County Ahomey
305-292.,U70
From: Lee Rohe[malltmifflawebelsouth.nea
SMb Mm*,August 16,2010 12:22 PM
TO:Gamdev-susan
Su*ft FW:kmmffDveS ROGO Wn re property owner Aftm
sum,
Phms be ad%ftW that I will M be representing Banks Pfflvatt�Alkens or Holloway In the niMW
capHormW bftw.
Thanks.
Lee R.Rohe
From:L-qj&fM
T .
Cc: vatt aol-mm
SwIt: ®July 20,2010 11-18 AM
SUN"t RG:hmxmft ROGO MOM M Property ownerAlkens
Yas,YOM rIght.
—Odginal Messep
Fnm:.Gdm Ly&MM
Tcr-dqdMtLh—dftj;Lee Rohe
Cc.,HIOR-Amme
Swift Tuesday.July 20.2010 1 O°31 AM
Su%%ft RE tomonvws ROGO Rom m property owner Alkens
My understanding Is that they went the appeal to stay In Plaos so that It can be reschedulod at a later
.Le,can you confirm that?
Sumn Gnmaley,Av&L County Attorney
=rAh sm*t key west,H 33"o
305.289aSM Manthom
Fran.,Hur*/-QdsUne
Seft Tum*,My ,a 10:29 AM
To:CkIrnslay-Sumn
SubjeW RE.,WmorvoWs ROM Rem re moperty owner Aftm
Which are they doing-withdrawIng or deferring?
8/17/2010
Page 2 of 2
From-Urnsley-Susan
SOft TuesdW,July 20,2MO IM23 AM
TOC Les Rd*;I'luft-ChrIAIRS; Huft)-Sumnne
CC:ft2Mffl=N&Mm-,-StankleNla-Tiftny
SuMecb RE:tomcm)Ws ROGO Rem re pvpft ownw Aftns
Since this Is not a public hearing, Ms.Hutton will delete it at the beginning of the meeting as a change to the
agenda.
Suftn Grimaley,Aast.County Atwray
=Lath Bqwt lmyweat,fl 33w
305-293-3470 K&Y West
3o5489-2soo Marathon
Frm-. Lm Rohe[mairwamawobeibma.w
Soft Tuffift My 20,2010 20:23 AM
TOC GrImsky-Smn
CC: Owwaftow.com
Wdect-'ftxnonvWs ROGO Rem re propety oww Anem
Susan,
This vdi confirm our agreement fm wilMraw,defer or table the above ft9m when it comes up at tomorrowpa
0mcineeting.
Thank you W your courtesy.
Lee PL fthe
74&204
No vims found in tka incomWg messap.
Chocked by AVG-www.avg.com
Venfion:9.0.839/V'ma Database:271-1.1/3017-Relme Date: 07/20/10 02:36:00
8/1V2010
130ARD OF COUNTY CONMMSIONERS
AGENDA rFEM SUACMIARY
(11911 MectingDateTul r 2 2 10 Division;Bulk t
° Yes NoDepartment: P
Staff C : ' 9- 1
Aappealof the ROGO Allocationof the Monroe County
Commission for applications #07100486, 710 79, #07100485 and #07100483 in Planning Commission
Resolution 10 dated March 10, 2010 and approval of a resolution approving the ROGO rankings and
DMqYWO the apped by the appellant,John X.Akins.
licants sulnifted four ROGO applications07100479, 07100485, 07100483,
and 07100486 on June, 12, 2007, which staff incorrectly scored without a on of four
points pursuant to the tier o e of the four applications
survey c four cam w w s applicationsb information from
another applicant re point e applicants were notified by oertffied
mall return rwAW as n as tha errorw y 15, 2009 the oertified, rempt was sSince the amirs ignecL
were discovered by staIX the Planning Commissionv five ROGO rankings
reflecting tha fiw point deduction on the four applications.
On March 30,2010 John K. application to the ROGO
throughrankings and agent
pointsby the Monroe County Planning Commission on March 10, 2010 by Planning
Commission Resoilution 10.
On May 27,2010 Banks Prevatt,applicants agent requested a contintumce to the July 21,2010 Board meeft
Since the filing of the appeal the Planning Commission reviewed and approved another quarterly ranking for the
Big PinrJNO Name Key subarea on June 9, 2010. This was the 5* quarterly meeting rellecting the scoring
corrections where neither the applicant where present.
usRELEVANT BOCC ACTION:
On March 15,2006,the 9-2006.
CONTRACT/AGREFIMENTS:NIA
STAFF A of County Conmussionersthe
Planzang Commission ROGO Rankings for these four applicationsy the appeal.
TOTAL S S : Y -MA No
PREFERENCE:DIFFERENTL4L OF LOCAL
S / /
PRODUCING:REVENUE ® No Y
APPROVEDBY: County Atty Xp ° -NA Risk Management
DOCUMENTATION:Included Not Xr
DISPOSITION:
@
MEMORANDUM
MONROE COUNTY Pr.ANMNG&ENVIRONMENTAL RESOURCES DEPARTMENT
We sdive to be caring,professional and fair
To: Monroe County Board of County Commissioners
From: Tiffany Stankiewicz, Development Administrator
Through: Townsley Schwab, Sr.Director of Planning&En ironmenta.Resources"Pj
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
�T 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 speck
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 P
26 quarterly meeting reflecting the scoring corrections where neither the applicant nor an
/�, 27 authorized agent where present.
�/I 28
29
Pagel Reviewed by
2 Applications and Locations:
1
3 1) BuildingPermit Application&ROGO Application: 407100486
4 Legal Description: Lots 21 and 22,Block 1,Doctors Alm Subdivision,Big Pine Key,
5 Monroe County,Florida
6 Real Estate Number: 00310220.000000
7
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
12 Real Estate Number: 00310240.000000
13 3) Building Permit 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
16 Real Estate Number: 00310280.000000
17
18 4) Building Permit Application&ROGO Application: #07100483
19 Legal Description: Lot 25 and SLY 17 ft Lot 26, Block 1, Doctors Arm Subdivision,
20 Big Pure Key,Monroe County,Florida
21 Real Estate Number: 00310260.000000
22
23 Appellant: John K. Akins
24 25 Agent: B Prevatt
26 li BACKGRO INFO TION:
13 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 Subarea: Big Pine Key/No Name Key
31 D. Tier Desi n: Tier 2
32
33
c
` "12p87C1328K
IH'
oa
34 Subject (outlined In blue) g)
White line shows do o a Flooda and e
Page 2 view by
1
2 III RELEVANT PRIOR COUNTY ACTIONS:3 -
4 The chart below shows a chronology of application submittal dates (Building Department
5 AppIications to ROGO Applications), description of flood zone information provided on
6 BuiIding Application PIan submittals, survey submittals showing flood zone information,
7 approximate date of scoring error discovery, scoring error notification to applicants' address
8 of record,Planning Commission Resolutions indicating scoring error corrections.
9
10
A Hcation No. 1 07100496 07100485 107100483 07100479
Real Estate No. 00310220.000000 00310280.000000 00310260.000000 00310240.000000
DDanildiag te Application Jan.31,2007 Jan.31,2007 Jan.31.2007 Jan.31.2007
The Applicants Pre Tier System minus Pre Tier System minus Pre Tier System minus Pro Tier System minus
B dicate Plans 1 for AE Flood din
Zone 6 fbr VE flood zone 6 far VE flood zone 6 for VE flood zone
indicated flood zone
deduction oluts
Survey Prom Survey indicated Entire property in VE Entire property in VE Entire
Lawrence P.Frank mt}jority of property in zone ProPY VE
dated Dec.4,2006 AE Zone and a small one zone.
Indleated property portion in the VE flood
flood zone. zone (aurveY error
&wowred in 2009
revealed a doerent
proportion of the AE
Zane va.die YE Zone.
Building Department Reviewed for AE Zone Reviewed for VE zone Reviewed far VE zone Reviewed for VE zone
. construction
d plans far construction.reviewe!� AF,1VE Zone construction construction
construction.
Bnildittg Departure May 3q 2007 June 6,2007 June 6,2007 June 6,2007
forwarded
applkation to
Planning to contact
applicant to eater
ROGO.
Data ROGO June 12,2007 June 12,2007 June 12,2007 June 12,2007
Application
submitted
Initial scoring of ROGO Application ROGO Application ROGO Application ROGO Application
ROGO Application scored as if in AE scored as If in AE scored as if in AE scored as if in AE
for Quarter that Zone Zone Zone Zone
closed July 2007.
Scoring Error rEarly Apri12009,post Early April 2009,Post Early April 2009, past Early April 2009,Post
discovered System should Tier System should Tier System should Tier System should
indlca�ted -4 have indicated -4 have indicated -4 have indicated -4
alms oints oints
Date certified letter April 27,2009 April 27,2009 April 27,2009 April 27,2009
sent regarding
scorina error
Date return recelpt May 15,2009 May 15.2009 May 15,2009 May 15,2009
was Aped
ROGO Rankings Planning Commission Planning Commission Planning Commission Planning Commission
Quarter 3 Yr 17 Approved Resolution Approved Resolution Approved Resolution Approved Resolution
indicated scoring P23-09correction ,June 10,2009 P23-09,June 10,2009 P23-09,June lq 2009 P23-09,June lq 2009
f ROGO Rankin Plaanin Co P $ mmissian Pleaaing Gammissioa Planning Conunissian Planning
Quarter 4 Yr 17 still Approved Resolution e Commission
referenced the P42-09,Sept 2,2009 Approved
,Sept 2,2009an PApp�v S Resolution Approved Resolution
scoria correction Sept 2,2009 P42-09,Sept 2,2009
Page 3 Reviewed by=
ROGO Rankings Planning Commission Planning Commission Planning Commission Planning Commission
Quarter 1 Yr 1s Approved Resolution Approved Resolution Approved Resolution Approved Resolution
continued with P55-M Dec.15,2009 P55-09,Dec.15,2009 P55-09,Dec.15,2009 P55-09,Dec.15,2009
correct points
ROGO Rankings Piauning Commission Planning Commission Planning Commission Planning Commission
Quarter 2 Yr 18 Approved Resolution Approved Resolution Approved Resolution Approved Resolution
continued with PO4-10, March 10. PO4-10, March 10, PO4-10, March 10, PO4-10, March 10,
correct points 2010 2010 2010 2010
ROGO Rankings Planning Commission Planning Commission Planning Commission Pla
nning Commission
Quarter 3 Yr 18 Approved Resolution Approved Resolution Approved Resolution Approved Resolution
continued with Pi0-i%June 9,2010 P10-10,June 9,2010 P10-10,June 9,2010 Pl0-10,June 9,2010
correct olnts
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 scori
ng 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 AP LIC
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 occurred 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.
0 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 16te 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
2$ 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 RECO ATION:
43
44 Staff recommends the Board of County Commissioners affirm the Planning Commission
45 ROGO Rankings for these four applications.
46
QEJ
Page 5 Reviewed by
RESOLUTION No. -2010
A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS ALLOCATION
RANKINGS OF THE MONROECOUNTY PLANNINGC IN
FOR IC 1 %, 1 7% #07,00485 AND
#07100483 IN PLANNING COMMISSION -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 -10; and
the rankings and points being appealed were for four parcels of property
identified as RE#00310220.0 , RE#00310240.0 0, RE#00310260. 0,
and
00310280.000000 with ROGO application numbers 07100486, 07100479,
07100483, and 07100485 respectively; and
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
WHEREAS, 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
the applicants were notified by certified letter of the co tion 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
0,11DE, WHEREAS, the Board of County commissioners makes the following Findings of Fact
and Conclusions of Law:
L Staff error may not give an advantage to one applicant in the ROGO competition
proms 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#00310220.00WOO,
RE#00310240.000000, RE# 00310260.0000000 and RE#00310280.000000 with ROGO
application numbers 07100486,07100479, 071OD483, and 07100485 respectively.
NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONER&
The decision of the Planning Commission as set forth in Resolution PO4-10 for the
ROGO applications 07100486, 07100479, 07100483, and 07100485 is hereby
AFFMMED and the appeal by the applicant of the rankings and the deduction of points
on the applications for being in a VE flood zone is hereby DENIED.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of the Board held on the—th day of July, 2010.
Mayor Sylvia J. Murphy
Mayor Pro tern Heather Carruthers
Commissioner Kim Wigington
Commissioner George Neugent
Commissioner Mario Di Geneaw
(SEAL) BOARD OF COUNTY
COMMISSIONERS OF MONROE
Attest:DANNY L-KOLKAGE, Clerk COUNTY,FLORIDA
By Deputy Clerk By Mayor ylvia Murphy
0310
MONROE COUM ATMRREY
r P�"D AB TO FORP
Applicants Application and submittals
INDEX',,
oe�vll
1 %PPUC%T10' ';
MONROE COUNTY
PLANNING O NRESOURCES
ON OE CO. PLANNING U07 ,
Appeal,of Planning Commission decision to the Monroe County Board of County Commissioners
(BOCC)
Appeals of ROGO or NROGO Planning Commission decisions must be Mod with the Planning
Environmental Resources Department witUn twenty(20)days of the date of the decision.
Daft of Sub t : 0.3 I O l.2 d/p
th Day Y
Decision being appealed: e Gl u C t r o., ® �c G 0 poi n o s
Date of decision being appealed: 06 / J D I.2 Od l
Month Day Year
Appellant: Agent(it applicable):
—TOho k, A ICi,nS r7
13A 4aVG[
P. o, gc,K y6 Name
99 67 OVEnsre" /Ywy.
K L rL , 3 q3I• A ( ilin (Sticet City.Sta Zip Code)
05- _qS�� - 733 3 3v5 Tar ae q
D .aytime Ph —
Dayt' Phone
L A r,1 Ree F. 0 r4 a G Pre va--&COas 1. ce rv.
Email Address Email Addnm
PropertyOwner:
Name -_- —
. 6 . 6oy o2 Zip K La-r` D F L .3 3 '7
Mailing Ad (S .City.S . )
C 3v5 ) gJ- 7333
Daytime Phone
Legal DeKription of Property:
(if in metes and bounds.attach legal description on separate sh ) eL C �,.C cl
Block Lot Subdivision
Key(Island)
Page 1 of 3
ItIK :() tppral 1pplirali<rtt He,ke 1 Ninrrh 2.1.:010
1
1 9 C
Real Estate(RE)Number, Alternate Key Number
Lof IQ,_ 2Z w,4ers La.e
5
Str d roxim Mile Marker t. e EP
Land Use District lgnation(s): C S ° •' -
Present Land Use of the Property: V
Are there any pending codes violations on the property? Yes: o: ✓
If yes,please provide case now r:
A COPY OF THE BASIS FOR THE APPEAL IN THE NATURE AN I O
STATEMENT GU Y EVIDENCE INCLUDING TESTIMONY, AFFIDAVITS
AND THE CURRICULUM VITAE OF ANY EXPERT WITNESS THAT WILL BE CALLED MUST BE
ATTACHED TO TERS APPLICATION. The brief must at a minimum state all grounds for the appeal,
including but not limited to, the law being appealed any facts necessary for interpretation of those laws.
(Attach additional sheets of r)
All of the following must be submitted In order to have a complete application subm l l:
(Please check as you attach each required item to theapplication)
Complete appeal application(unaltered unbound);
Proof of ownership(Le.Warranty )•
Current Property Record Card(s)from the Monroe County Property Appraiser;
A copy of the d ment(s),which comprise the decision being appealed;
y evidenm and record which forms the bash for the appeal mast be submitted with this
application;
11 Names and addresses of all expert witnesses that you propose to call at the hearing;
Photograph(s)of site from adjacent road y(s);
Ifapplicable,the following must be submitted In order to have a complete application submittal-,
UzNotarized Agent Anthoriza a Letter(note:authorization is needed from all owner(s)of the subject
roperty)
IT Signed and Scaled Boundary Surveyor Boundary Survey—sixteen(16)sets(please contact Monroe
County Environmental Resources prior to application submittal to determine if this documentation is
necessary)
If deemed necessary to complete a full review of the application, the Planning & Environmental Resources
Department reserves the right to request additional infbrmation.
If new evidence,or the basis for appeat is submitted at the BOCC hearing,Staff shall request that the hearing be
continued to the next BOCC meeting nearest to the property so aw Staff has the opportunity to prepare a
response to the new evidence.
Page 2of3
_ Li � V E1
%1114.1('klION MAR
If the applicant does not submit the basis far the appeal with the application,5ta i ecommen em.2010
al of
tip th
EPT
I certify that I am familiar with the infotrnation contained in this application,and that to the best of my knowledge
such information is true,complete and accurate.
Signature of Applicant: Date:
,t1k-5
(Print name of Applicant signing Application)
Sworn before me this day of (�
Fy
d
a p 1
COVAMMOMOMIt Notary Public
BW&d Am
MY Commission Expires
10/0
Plane send the complete application package to: I
Planning Commissioner Coordinator
Mmoe County Planning&Environmental Resources Depm=ent
2799 Overseas Highway,Suite 400,Manthoa,FL 33050
fir
PURSUANT TO SECTION 286.0105,FLA)RIDA STATUTES,NOTICE IS GIVEN THAT IF A PERSON
DECIDES TO APPEAL ANY DECISION MADE BY O OE COUNTY BOARD OF CO
UNTY
COMMISSIONERS WITH RESPECT Tp ANY MATTER CONSIDERED AT SUCH HEARING OR
MEETING,THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS,AND THAT,FOR SUCH
PURPOSE THAT PERSON MAY NEED TO ENSURE THAT A VERBATIM O OF THE
PROCEEDINGS IS MADE,WHICH RECORDINCLUDES THE TESTIMONY AND EVIDENCE UPON
WHICH THE APPEAL IS TORE BASED.SUCH RECORD TO BE AT THE COST OF THE APPELLANT.
]'lease Note:A transcript made from recordings or other secondary means does not provide a sufficiently accurate
record of all the speakers.Therefore,such,,secondW transcripts may not be accepted as a valid verbatim
tr ript
6,&71)
Page 3 of 3
trlP4'.16 'Lliplit,91lfrla `ix da ,!4.N B"
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.
RFAL ESTATE NUMBERS
00310280-000000
00310260-000000
00310240-000000
00310220-000000
1382337 ALTERNATE KEY NUMBERS
1392353
1392370
/%/' 1382396
1®, i®
i Parcel identification No: 00611 faa•d i7WW did an orra�aal ts� .of
TWS InsMunenl Prepamd By
and Return to: Ia7I la: M.7o
ppc to u.• 7RINrt
Vbziqk remseH
Sunshine 11tic of the Kays,Inc. !
iO2900 Ovem=Highway N6 ON am PIN $41
Key Lugo,Florida 33037
QUITCLAIM DEED
Qatl made �dayof���U-0011.ad JOHN W CANDACE AWS, is
baabra ed MGe sad? X. S,jo tetunla veldt righu of .AKINS and GLENDA AMS,
� 3M7, vefahlp is P.O BOIL216.
1" th,thal the for and is consicleradoo of the sam of---TEN A NOA 00 --
---•DOLLARS,-d other good and valuable consideration to Grantor In hand paid by Grantses,the meo of
-h s by acu the foI b—ft4 haw wanted.bargained ad Q iaimed to do add and t hens
and Soo f , W** iaod,41ha tn,bring and being in the Caumy of MONROE,Sure of
Florida.twwit:
Lots 19,A 21.21 A ASS,26 Sad 270 21oft 1, R-S AM SUBDIVISION.according to tie
Flat dwWas recorded In Plat Bank S,Page 141.of&a PRblla Bsords of Mona Co".
THE PRO TV DESCRUUM BERM IS VACANT LAND AND DOES NOT CONVnrMTR
THE HOMESTEAD OF THE GRANTOR.NOR 16 rr CGMGUOUS THZRM.
To Have sad to Hold dw mas togetber with di and WgWw tine aamovanto bebriging of is aaywhte
a Wng,ead di the vMtk digiu,We.hftrGW.Urns.equity ad oW,I&Mweva of Grantor,either in saw or
equity,for the we,beaefll and pm8t of the add Grancess foraver.
� I+the Grantor has
fir;
g��
In Wibuw W set her bend and sad the day and yarn f4st written.
m
Signed ed dd in our presumei'
I`r P.O.Box W.Key Largo.Florlds 33037
gi i#t Prig N
L U iu t_L
Mad
N.
STATE OF FLORIDA
COl1NTV OF MONROE
The foregoing' was ael= before am Ibis 3�d 'Lofbiarep.2009.by CANDACE AlGNS
wino is persorvilly known to too or wim has prodwed u ideolifitarion
w
SEAL
My Canuaiuton Fnated Notary Sigaarun
0"ICI
, :
File S MUM
a
Ervin
.
! A. 1
Appraiser CFA
Property
affi (305)292-3420
@Wonroe County, Florida fax(305)292-3501
d
Cope" Record View
Alternate Key: 1382353 Parcel 10: 003102000000
Ownership tils
MailingAddress: AllOwners:
AKINS JOHN WAND GLENDA AKINS JOHN K R/S,AKINS JOHN WAND GLENDA
PO BOX 240
KEY LARGO,FL 33037
Property tails
Pc e:00-VACANT RESIDENTIAL
Mlllags Group. 100H
Affordable Housing:No
Section•To mshlp-14 66-29
nge:
Property Location: VACANT WITTERS LN BIG PINE KEY
Subdlvlalon:DOCTORS ARM
LegalDescription:BK 1 LT 23 AND SLY 26 FT LT 24 DOCTORS ARM SUB P83-141 BIG PINE KEY OR409-382105 OR788-1431 9-
801102 OR1 -33 OR2101-1457 OR2 1Q/C
All
Show Parcel Map
Land Details
Land Use code Frontage Depth Land Area
M1 OW-RES WATERFRONT Q 0 14,880 00 SF
�_j
Building
Number of Buildings:Q
Number of Commercial Buildings:0
Total Living Ares-0
Year Bullt:0
Appraiser Notes
SLY 26-OF LOT 24(RE OD310250-000000 AK 1382361)HAS NOW SEEN COMBINED WITH THIS PARCEL PER OWNER REQUEST DO
FOR THE 2007TR 5108107 JDC NE
2007/05 PERMIT 0 07100479 FOR SFH IN PROCESS PER BLDG DEPT(JDC)
Parcel Value History
of V.lf-
es
%Aea-Taxes for th's arcer
Roll Total Bldg Total Misc Improvement Total Land Total Just(Market) Total Assessed School Exempt School Taxable
Year Value Value Value Vplue Value Value Value
2009 0 0 2„760 102,760 102,760 0 102.760
2006 0 0 117.440 117,440 117,440 0 117.440
2007 0 0 411.040 411,040 411.040 0 411040
/ 2000 a 0 127,500 127,500 127,500 0 127.500
2005 0 0 127,500 127500 127,500 0 1275DO
2004 0 a 51 MID 51,000 51.000 0 51.000
2003 0 0 44.625 44,625 44 625 0 44.625
2002 0 0 44,626 44.625 44,625 0 44,626
2001 0 0 44,625 44,625 44,625 0 44,625
2000 0
0 44 625 28,775 26,775 0 26;775
1999 a 0 44,025 28,775 26,775 0 26.775
1996 0 0 44,825 26,775 26,775 0 26 775
1997 0 0 44,025 26,776 28,775 0 26,775
1996 0 0 44,625 26,775 28,775 0 26,7755
.,
1996 0 0 44„625 44„625 44.626 0 44.625
1994 0 0 44.625 44,625 44,625 0 44 625
1993 0. 0 44.625 44.625 44,625 0 44.625
1992 a 0 44,626 44,625 44,625 0 44,625
1991 0 0 44.625 44,025 44 625 0 44,626
1990 0 0 41,650 41.650 41,650 0 41.650
1994 0 0 37 625 37,825 37.825 0 37 825
1988 0 0 25.500 25,500 25,50D 0 25 500
1907 0 0 26,500 25,500 25,500 0 25,50D
MAI
5111 1984 0 0 25,500 25,500 25.500 0 25.500
1965 0 0 22.000 22000 22,000 0 22.OD0
1984 0 0 22,000 22,000 22,000 0 22,000
1983 a a 22,000 4000 22,000 0 22.ODG a
1682 0 0 15.909 15.909 1516{19
Parcel Sales History
ILIC•T . Sa,,-s do no`,gNnerag'y Sl'.r)%& Up in O0r GO-r](JU:;.0 sys tern Jnli'aboUt WW') rJ ihsPn ni:r l` s al ar
SWe c0es ro!:,nciw ;ip 1n T:g :$0 p*aSe a!,ow MOr ttnie fo. f7e Sa(r "e:.M' "3 tyc Gr �'f S5C'�� F'Y,�.,k . , 'VP {..:
-)-d Jn a"Si3+}dirl,Cr
Sale Date Offlciai Records Book/Page Price Instrument Qualiflcation
31612M 2404/841 100 QC 11
3/30/2005 2101/1457 1 WD M
This page has been visited 244,519 times
Monroe County Property Appraiser
Ervin A,Higgs, CFA
RO. Box 1176
Key West, FL 3304 1-1 176
Ervin A. Higgs,, CFA
Property Appraiser Difice(305)292-3420
Wonroe County,, Florida fax (M)292-3501
Property Record View
Alternate Key: 1382370 Parcel ID.- 00310260-000000
Ownership Details
MaWing Address: All Owners-
AKINS JOHN AND GLENDA AKINS JOHN K RIS,,AKINS JOHN WAND GLENDA
PO BOX 246
KEY EARGO,FL 33037
Property Details
PC Code:00.VACANT RESIDENTIAL
Mlikqp Group: I OOH
Affordable Housing: No
Section-TownshW ,4,
Range: _29
Property Locallon: VACANT WITTERS LN BIG PINE KEY
Subdivision: DOCTORS ARM
Legal Description:SK I NLY 24FT OF LOT 24 AND ALL LOT 26 AND SLY 17FT LOT 26 DOCTORS ARM SUB PB3-141 BIG PINE KEY OR4w
3VJ85 OR788-1431 OR.84"01/02 OR1 384-33 OR2101.1457 OR2404-841 Q/C
Show Parcel Map
Land Details
r- -- — --- Land Use Code Fro Depth Land Area
L--------------------- M1 OW-RES WATERFRONT 0 0 14.746 00 SF
Building Summary
Number of Bulld)ngs-0
Number of Commercial Buildings: 0
Total Living Area: 0
Year B uIlt: 0
Misc Improvement Details
I Nbr RE f units Length Wfdth Year Built Roll Year Grade Ufa
1 CL2 CH LINK FENCE 402 SF 67 a 1984 1985 1 30
Appraiser Notes
SI-Y I r LT 26(RE 00310270-OWW0 AK 1382388)&NLY 24'LT 24(RE 00310250-OOOOM AK 1382381)HAVE NOW BEEN COMBINED WITH
THIS PARCEL PER OWNEITS REQUEST,DONE FOR THE 2007 TR 5MM7(JDC)
.008M PERMIT#07100483 FOR SFH IN PROCESS PER BLDG DEPT
I I
Parcel Value History 61 is
C-Xf E;'6ii ROO ValUe--,
Roll Total Bldg Total Mist 1;;prwoment Total Lend Total.lust(Market) Total Assi School Exempt School Taxable
Year Val LM Value Value Value Value Value
Value
2009 0 281 103,222 103.503 103,503 0 103,503
2008 0 281 117,988 118.249 110.249 0 118.249
a
[2007 0 251 412,888 413,139 413,139 0 413,,139
2006 0 636 94125 94781 94,761 0 D4.761
[_2005_ 0 636 94,125 94761 84.761 0 94,761
2004 0 636 37,050 30,286 30.286 0
38.288
2003 0 636 32,944 33480 33,550 0 33,500
.2002 0 684 36,238 30,922 36,922 0 36,922
2001 0 748 36.238 36,s86 38,956
0 36988
2000 0 485 36,238 301723 36,723 0 36.723
19" 0 514 36,236 36,752 36,752 0 36,752
1998 0 552 36.238 22,353 22,353 0 22,363
1997 0 581 38.230 22,353 22,353 0 22,353
loge 0 810 36,238 22,353 22,353 0 22,353
1995 0 649 38.23a 36,887 36,887 0 36,887
19" 0 678 36,230 36,916 36,916 0 26,-916
1B83 0 707 36,236 30 U5 36.945 0 36945
1892 0 746 36.236 36,984 36.994 0 36.984
<mz" 1991 0 775 36,238 37.013 37.013 0 37,013
1900 0 SM 33,822 34.626 34,62B 0 34,628
1980 0 843 30.718 31,559 31,558 0 31.559
1888 0 872 20,708 215 21,580 0 21,580
1987 0 901 20.708 21.609 21,609 0 21809
19816 0 940 20.708 21.60 21.60 0 21,,M
1985 0 0 19.9DO 19,800 19.8w 0 19,800
1984 ----0 0 18,800 19,800 19, 0 19,000
1983 0 0 19MG 19, 19-800 0 19,800
1982 0 0 14 449 14.449 14.448 0 14.448
Parcel Sales History
N'C 53I&S,OC'707 qarerali!y sno,.,v au,c-orrpij.ee sysLern 3h0ut Iii to Er-ee 1,,-3-qfin -a k
f
Zes i'M sncw jv ;r, "w '-.Y-S4e record ?ULI
pe4tie,!ii and WOGfSl3,'IfI,ng
Sale Date Official RecoM9222MPM Price Instrument Qualif! on
3/612009 24041841 100 OIC
311 2101(1457 1 WDI M
RIM
This page has been visited 244,515 Was
Monroe County Property Appraiser
Ervin A Higgs, CFA
Ervin A.
l
Propeily Appraiser office( 0 )292-3420
@ Monroe County, Florida fax (3 )292-3501
Propertyi
Alternate Key: 1382396 Parcel ! : 00310-0000
Ownership Details
Melling Add AllOwners:
AKINS JOHN WAND GLENDA AKINS JOHN K RIS„AKINS JOHN WAND GLENDA
PO BOX 246
KEY LARGO,FL 33037
Property t it
PC Cods:00-VACANT RESIDENTIAL
Mlllaga Group: 100H
Affordable Housing! No
Section-T hlp-
R s: 1 29
Property Location: VACANT WfTTERS LN BIG PINE KEY
Subdivision:OOCTORS ARM
Legal Description: BK 1 NLY 51.5FT OF LOT 28 AND ALL LOT 27 DOCTORS ARM SUB PB3441 BIG PINE KEY OR409-382185 OR788.1431
OR 801/02 OR1 OR2101-1457 ORZ 1=
Show Pa !Map
Land Details
Land Use Cods Frontage Depth Arse
M10W-RES WATERFRONT 0 0 17,390 00 SF
Building Summary
Number of Buildings; 0
Number of Commercial Buildings: 0
Total Living AM., 0
Year Built,-0
ise Improvement etails
Nbr T 0 Units lan th Width Year Built Roll Year Grads Life
1 CL2:CH LINK FENCE 594 SF 99 6 1984 1985 1 30
Appraiser Notes
REMOVED OVERRIDE AS LOT IS BEING USED.
j 'LY 51 5'OF LOT 28(RE 00310270-DODOOO AK 1382388)HAS NOW BEEN COMBINED WITH THIS PARCEL PER OWNER'S REOUEST DONE
fir OR THE 2007TR 5M7(JDC)
2007►05 PERM ITO 07100485 FOR SFH IN PROCESS PER BLDG DEPT
Parcel Value History
ce04t.j C"011 "a;'�
View Taxes for this Parcel
R011 Total Bldo Tout Mlac Improvement Total Land
Y"r Tcftl Just(Market) Total Ass"ead School r=XGMPt School Taxable
Value Value Value VOW& Value Value Value
2000 0 416 121,730 122146 122,146 .... ..........
- 0 122,146
2008 0 416 131,120 131 131.536
0 131&M
2007 0 371 458920 469.291 459,291 0 459291
2006 0 2.398 153.750 156,148 156,140 0 156,140
2005 0 2,442 163,750 156,192 156.192 0 156.192
2004 0 2,4115 81,500 63,905 83,985 0 63,985
2003 0 2.528 53013 56,341 56,341 0 56,341
2002 0 2,626 64,575 67203
67.203 0 67.203
2001
0 2,746 64,575 67.321 67,321 0 6-7,321
2000 0 1. 662
679 64,575 54 66,254 0 60,254
1999 0 1 738 64,575 66,313 68.313 0- 66,313
1098 0 1.009 64,575 39,463 39,483 0 39,463
1997 0 664 64,575 39,463
39,463 0 39,463
1996- 0 710 64,575 39.463 39,463 0 39,463
1995 0 764------ 64,575 65.339 65.339 0 05339
1994- 0 790 64,575 85373 65,373 0 65.373
1-99m--0 832 84,575- -- 65,407 65407 0 65,407
1992 0 64,575 6b,453. - 65,453 06.453
0
1991 0 912
- 64,575 65,487 65,487 0 65,487
1 90 0 90 60,270 -
- 61,216 61,216 0 61,218
19 9 2 I 0 0"'So 0
1909 0 992 54.735 55,727 55,727 0 55727
19819 0 1
1980 0 1026 30.750 31,776 31,776 0 31776
1987 0 1,'D60 30,750 31,810 31,810 0
11 - 31.810
9w 0 1,106 30750 31,056 31.656 0 31856
11 05 0
905 0 0 28,400 26.400 26,400 0 26,400
1984_ 0 0 26,,400 28400 26,400 0 26,400
1903 0 0
26,400 26,400 26,400 0 28AGO
1982 0 0 20A42 20.842 ---
20,842 0 20.842
Parcel Sales History
NU rc- 3:3 es nc 10,2ejE,,hj srlow p
f)
I-"Cef,'t `ale does IUI ShO,'U LP e' 'i"s 'At Vk-�-a-e&'CW Mole wne 1.',r"If- Saft- 'ecj�)w le pv%essecl
;)nd
Sale Data Official Records Book/Pas! Price Instrument Qualification
24041841 100 oc
313W2005 210101457
1 wo m
This page has been visited 244,507 times
Monroe County Property Appraiser
Ervin A, Higgs, CFA
X15
Ervin A. Higgs, CFA
ProPerty Appraiser office(305) 292-3420
Wonroe County, Florida fax(305)292-3501
ProPerty Record View
Alternate Key: 1382337 Parcel ID: 00310220-000000
Ownership Details
Mailing Address. All Own*rs:
AKINS JOHN WAND GLENDA AKINS JOHN K RIS AKINS JOHN AND GLENDA
PO BOX 246
KEY LARGO,FL 33037
Property Details
PC Code.00-VACANT RESIDENTIAL
Millage Group. i 00H
Affordable Housing: No
Section-Town""14-66-29
Range:
Property LocaWn- VAGANT VWMRS LN BIG PINE KEY
Subdivision: DOCTORS ARM
Legal Descripilon: SK 1 LOTS 21 AND 22 DMTOR S ARM SUB P83-141 BIG PINE KEY OR409- OR7 W1 OR84 80110 OR1384-
33 OR2101-1457 OR24"1= 38M 11& 9- 2
Show Parcel Map
._j
Land Details
Land Use Code Fro De th Land Area
MI OD-RESIDENTIAL DRY 100 167 16,700-00 SF
Building Summary
Number of Buildings., 0
Number of Comnierclal Buildings: a
Total Living Area: 0
Year Built: 0
Misc Improvement Details
Nbr #Units Length Width Year Sulli Roll Year Grade Life
CL2CH LINK FENCE 3.204 SF Life
534 6 1984 1985 1 130)
2 UB2 UTILITY BLDG 120 SF 12 10 1994 1995 2 so
F3 CA2CARPORT 120 SF 1 50
12 10 1984 1985 1 50
��` A3T USE WAS FOR TRAP CONSTRU.TIONrt,AS OF �1109 UB!S VACANT,DRY PARCF,L iS OVERSIZED FOR AREA-KEYADJUSTMENT
LOT 22 RE 00310230-000000 AK 1382345)HAS NOW BEEN COMBINED MATH THIS PARCEL PER OWNER'S REQUEST DDNE FOR THE
2007TR 5MM7 JDC
2007/05 PERMIT atE 0710486 FOR$FH IN PROCES' G DEPT
REM0VE0 OVERRIDE AS LOT 15 BEING USED,
Parcel Value History
C° ti.rej Pa��lfa!ues
View Taxes for tWa Parcel
Roll Total BId® Total Mc Improftment To t Land T Juet I rkety TotalAseened SchoolExempt School Taxable
Year Value Valua Value Vatue Value Value Value
r2007
0 3,209 50,100 53,309 53. 0 53,309
0 3,246 66,800 70,048 70,048 0 70,048
0 3,042 167.000 170.042 170.042 0 170.042
2006 0 3 364 112,.725 118089 116 089 0 116.089
2008 0 374 83,500 63,874 83.874 0 83,874
2004 0 374 25,OW 25,424 25,424 0 25.424
2003 0 374 8,350 8,724 8„724 0 8,724
2002 0 402 8350 8,752 8,752 0 8,752
2001 0 440 8,350 8,790 8,790 0 8.790
2000 0 285 8,350 8,835 8,635 0 8.635
IM 0 302 8,350 8,852 8.,652 0 8.652
Mv9920
325 8,350 5,369 5 0 5
389
342 8,350 5,369 5.389 0 5.369
359 8, 5,369 5.369 0 5.369
382 8, 8.732 8,732 0
8.73Z
399 8,350 8,749 8,749 0 8,749
416 8.350 8,7w 8,766 0 8,768
4398,350 8,789 8,789 0 8,789
458 8,350 8,806 8„
1990 0 473 8,350 8.823 8,823 0M35O7
1989 0 496 8.350 8, e, 0
19 846
0 513 8,350 8. 8,683 0
863
1987 0 530 8.350 8.880 8,880 0
am
1986 0 553 8.350 8, 8, 0
1985 0 0 8,350 8,350 8.350 0
1984 0 0 8.350 8,350 8.350 0
1983 0 0 8,360 8,350 8 350 0
1982 0 0 3,507 3.507 3 507 0
Parcel Sales History
+C.I ter S Tr yUi� rCra 'y Siti,ur �p i s n�r L:r)rl`,p,ile, SySle- rtrl aQCA t trip tO'�` ee wor tre.;ea, ,fin jars e .Sj
r,Ce 1i saie cues rot snCW Lid? I,'h�S I,St please all�'ti mare t:me`or",i'q.8°�e reCore EC°be processed T
P?('a7Ce 3 a unders'.and:ng
Sale Dam Official Records Booklpa Price Instrument Qualiflcetion
' W2009 2 /841 100 4C 11
3/30/2005 2101/1457 1 wo M
This page has been vrsled 244,526 times
DOCUMENTS WHICH COMPRISE THE DECISION BEING APPEALED
1. Residential Dwelling Unit Allocation Ranking dated March 25,2009,subject property
ranked 22,23,24 and 25
2. Residential Dwelling Unit Allocation Ranking dated June 10,2009,subject property
ranked 40,41,42 and 43
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EVIDENCE AND RECORD WHICH FORMS THE BASIS FOR THE APPEAL.
This notice was never received by affected party.
U;
�j/ii
County of Monroe
Growth Management Division
2798 , ,y
3 10014i0 May"OMP Mai
Mdatha (3 L 330M2$9?S00 f fi he Ton 41vis 1.Mu phr,Dim$
VDh�a
FAX' (3M 2E9-2S36 H-OW Qerutl�ern,Diu 3
Mai®Di a OftWO,Dlo.4
C1 iYa sirlvs En be prof and fmli
.70062150 0001 0488 1131
April 27,2009
John
N 107 First TaTaw
KGY ,FL 33037
RE: ROGO Applications 07100486;07100479;071 5;07100483
DewMr. .
The Pl & Env= ta] t has found a
t „ app WdOw 07100486;07100479; 07100485;07100483. Tha scoring error as ROGO
these applications is 1 in the'V'flood zone P°6Po development is each of
the-4 point assigmuent foC being located III the'Y'zone �each application has been given
spacial flood hazard area.
If}►ou have any questio, lease OOBtact me at 305 289-2513.
S'
Stonkiewicz
Sr.Plaimiog TOCL
cc: Townley Schwab,Planning&Environmental Resources Director
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(Date)
I hereby authorize �I71a' (f 2f y - be listed as authorized agent
(Name of Agent)
&IJ for the ROGO application submittal for
(Name of Owner(s)/Applicant) L•Ty7 t 0101'42&
07/6D Ver 07/00q,23 `Of 6 t tt itW1�4
Building Permit Application #07/OODI b LOON$& for property described as Lot Block
Subdivision: ' 1Ad a ARH .Key: and Real
Estate numbor:__. $IA al —*a 00
oa�eaai pVo00 0a Od3/D,7Y0'0 AJ00001d03102,10-000000
This authorization becomes effective on the date this affidavit Is notarized and shall remain in effect until
terminated by the undersigned. This authorization acts as a durable power of attorney only for the purposes
stated.
The undersigned understands the liabilities involved In the granting of this agency and accepts full responsibility
(thus holding Monroe County harmless) for any and all of the actions of the agent named, related to the
acquisition of pamits for the aforementioned applicant.
Note: Authorization is needed from each own the subject property. Therefore, one or more authorization
forms must be submitted wi cat' th are multiple owners.
Owner(s)!Applicant Signature
Zablo Kr
Printed Nacre of Owner(s)/Applicant
NOTARY:
STATE OF FLORUDA
COUNTY OF MONROE M
The foregoing Instrument was acknowledged before me this day of s r 1 .20_0
r
V�ersonally know produced Identiflcation
Type of Identificatlon�did/ Id n�oath-
ev
�jNodry
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"M*kft 15.2010
ROGO AgeN Audwrhadw Form
041/ or i
'� "• SURVEYORS LAN
U265 OVERSEAS)4Q4WAY.MAMAI FL MIM
Phone (305) 664-0764 FAX (305) 664-05%
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SURVEYORS • ENGWEERS • LAND PLANNERS
E3266 OVERSEAS tpGHWAY, I&AYORADA, FL 33M
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SURVEYORS • ENC;INEERS - LANO PLANNERS
63266 OVERSEAS 4-0764, ISCA(3W) A FL 3336 77/ VV79Phone(303) 664-0764 FAX {305) 664-0816
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NO Em am ax Ene/A�T{EB fEe SEee01
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lN LYAAOR
NOT V"thin zmm
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83268 OYERS�Ag' Ip�in�t°Y ` a � {� -:.„ 1
Phone 305 0764 FAX {3f)5) 68Aj
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Tsh beenomm propwa ly.ae PAftm bt E CWM MW L. KMJWM
ammman.
3000 , Safte 40!L 330se SYAW q.: IIEL $3,325.80
02 IMM4
pared 10t mufther IM 2101 PON 1407
Warranty Deed
M d& 30th dayDf maxvb a 2003 Am. Between
Cindy vallente, a Married
of dw c or mm..aan , sk"or ssmd ,gMtMr, ,m
s7ohn M. • bueband and wife 40d Jo
CandaCG AMUS, baftand and Wife. an Joint Tenants with Right of Survivorship
107 First Tarr•ce. Kay Largo, rL 33037
or dw Couray or Macros ' Someof Florida gmntea.
Wifn sx � areer
------------------------ ( 10
GRANTORad odw pod and vdazbb emoNcuum is In MW pdd I& GRANn= oe k
rend b do nb Win, min me knd
1ftemdbftm or or Plorida to ear
Lots 19, 20, xi, 22, 23, Td, 25, 26 and 27. Block 1, DOCTMes AM
fiVBDM6XWv according to the plat thGZuOf as recorded in Plat Book
3, page idi Of the Public Records o tY, plovida.
The PXVP&rtY bereft commmyed Dow XW omstitute
n of address is 77330
Highway 69, Morris ChOM01, TH 38361.
end*0 suety dos haft miyr wun m Uw eide b UW WA eed WM dWW Me eeme damn" kwiW ekmm or a peeps whommors.
In Wimen Whereof,the pmlor bm benemq so ber lord eed mei dw day dad ym fine ebere wrbwL
i7* !ed and deNVersd to our prom m, /
lrJ (Seel}
Printed Kamer Ci ideate
ZZ,
P.O.Addtemr rr=NW"y i9,Menh Ckepel,7W]03i1
, -
printi d, xme r
witness
STATE OF Tennessee
COUNTY OF Harm-
IU A I I iDIVAMm wee eolebwidod berme me tlm 30th &W or me h
Cindy Validate, a married women .s005 by
few cs e-
dM k pceseeny fonww b me a eY bn ptedneed 1 ,. driver e■�liCeaaa q
y
Notary public
"r,cooeebiow PT- 3-d c,p k'
"•�- "own eolmr
0"ICINL AECOM
:eNle e...o..+rpea�wa■+.r..>aef teuite}esserrw.wrt
13t-
Staff submittals
10
Page I of I
Stanklewim-Tiffany
From: Bgprevatt@aot.com
Sent: Thursday, May 27,2010 1:20 PM
To: Stan kiewicz-Tlffany
Cc: Gregholloway070aol.com. ABJDESIGN4U@aol.com
Subject: BOCC June 16
Tiffany,
Per our conversation this morning, I am requesting my appeal be continued to the July BOCC meeting.
A review of my notes Indicates I made a mistake, I read an email from Susan Grimsley dated May 16,
2010 to mean I would be heard before the Planning Commission on June 9 or June 23. Subsequently,
I made plans to be out of town from June 10 through June 18. I now seethat i misread and
misunderstood that I would be going directly to the BOCC on June 16.
Any assistance you can provide me In this matter is appreciated in advance. Lot me know N there are
other questions.
Banks
Banks Prevan, Realtor,P.A.
Col dwell Banker Schmitt R.E. Co.
29967 Overseas Hwy.
Big Pine Key, FL 33043
Cell:395-0238
Direct:(305)872-5264
Fax:(305)872-4220
6/812010 144
County of Monroe
Growth Management Division
2798 Oversaw Highway
Suite#4I0 Mayor Gmv Neugent,Dist.2
Marathon,FL 33050 Kim
Pro Tan Sylvia J.Murphy,Dist.5m Wi 'n Voice: (305)289-2500 gi ice,Dist. I
FAX: (305)289-2536 HcathOr Cemithm,Dist.3
0
Mario Di Gennaro,Dist.4
We&hive ro be caring,pmfessknd and fair
CERTIFIED MAIL 70062150 000I 0488 1131
April 27,2009
John Akins
107 First Terrace
Key Largo,FL 33037
ROGO Applications 07100486; 071 79; 071 5; 07100483
Dear Mr. .
The Plannmg & Enviramnental Resources Dep ent has found a scoring error on ROGO
applications 07I00486; 07100479; 07100485; 07I00483. The proposed development in each of
1 these applications is located in the `V' flood zone. Therefore, each application has been given
the-4 point assignment for being located in the `V'zone special flood hazard area.
If you have any queWo Lease contact me at 305 289-2513.
Sincere].
i Stankiewicz
Sr.Planning Tech.
ON cc: Townsley Schwab, Planning&Environmental Resources Director
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-- LAWRENCE P. FRANK
SURVEYORS a ENGINE LAND PLANNERS
63266 OVERSEAS HIGHWAY, ISLAMORADA. FL 3W36
Phone (305) 664-0764 FAX (305) 664-0816
A ONUM or ImMy"Bum=cOMMAIM
CER,nnm TO: CANDACE AKM JOB No. kOLM3
SEC, 14.7M. 55 &1 RGE, 29 E.
MOMPOE COUNTY.FLORIDA
Awff
F)77F"ZAM AVI
AIPMALT PAVCMINT c
PIP&an N
WAM 1'.W
AVI LEm DcmwTAw.
LOTS M OW 22.BLOCK 1.DOOM%AM
MA ACCORDING TO THE PUT
CORDED
PACE 141 OF 10 PUBLIC RECORDS OF
MORDE COUMIY. FLORIDA.
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ARE MEARMED A PIER PLAT UNLESS OTHOMSE MGM
3. moinwo" OACHIMIMM FOUNDMM OR HA TI UMIM E BEER LOCAED OR SHOM UNLM OTHlRftE NOWD.
4. NO INSTRWENTS or amm w='nNO EASMENTL Rl9Hr3-QF-WAY AND/M O"MMOP WERE FURWZHED TM RAV"
EXCEPT AS SHOW"OEM.
3,J alEVAROM DA'UM 'LCLVA IM!-&
0. L WLV;X MWOHMAft RAIRM SRD,0".J"
L I=tSIFTW OT AMl"" MORIN 21CALED FROM PLAT,
0 MY LYMAT DONSULTIED T% CETM
K AZARD BOUNDARY MAP.
COMMUN117Y No.125129, PANEL N& 1325 r. VIE 2Zpaw3%
AT,
PROPERTY APPEARS TO BE IN ZONES AE & VE,WITH A BAN ATOM OF lo' a III M-S-L
CERVIED FOR BOUNDARY SWWY
ABBREMA71ON LEGEND.
FJA FOU140 WON ROD,SIZE IMMOATED SEC. SECTION
SIP %4oIR0pNMPWI'�r9Zpj_A0iCTg ;CWI� TOM"
F.I.P. I NEIVW CERTIFY THAT MIS"VEY MWM IN[MINIMUM
F.Nlk FOUND MAL AND CJSK RMOE TECHNICAL STANDARD9 AS SET FORTH By �
&M.D.SET N BOARD OF PROFESSONAL WMVE-YOM AND
Is PLAT CHAPTER 7-8. FLORIDA AOMBASIBATM
1-ir SM? 027.n4WA ST L
L DEED
F.C.M. %,c%=Jpw MEASURED
EN
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PRY PERMANDIT RIEFERIO=MONUM T CALCULAIM ZIFF,
P 4
A 40�A "
r_CONCRETE
POINT OF IN Cov. COVERED
rar pwc tM 12/4/06 P-M POINt OF CURVE ASKL ASPH&T
R/W
PiD.B. RIGHT-PONT OF BEGINNING T. PAVEMENT LAWRENCE P. FRANX P._& #M'g DA7F_ I
TIP OF-WAY 10". ELEVAIION 0
7YPICAL NOT VALID UNLESS SEALED
i
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NUMBER. AWNS C
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„T ,r IMMM§gUS AMA 2A
2a 231
DRAINAGE PROWDED:
+10 POINTS -PLArm SU , If 80T,
el
+1 POINTS -GROUP f HAWAT
2 102F dy B
+2 POINTS -WIND LOAD RATING 175 MPH PER ASCE 7-02
+, POINTS ULTRA LOW VOLUME PLUMBING FIXTURES 1.6 GAL / TcnxpRovmm
FLUSH TDIL.M. 2.0 GPM FAUCETS. 2.5 GPM SHOWS
HEADS
+1 —SEER Rt%7M >12
+1 —SECONDARY WATER SOURCE 2, CI N
+1 POINTS -HEAT RECOVERY AC - AL NATA(E ELECTRICITY W TOPY
+1 EED FLOOD UEVATION BY 13 INCHES
-2 POINTS -AE ZONE
TOYAL I ld POINTS T
SINALIARM
:m _/ ,
SWALE 1d
fITB.
WOT13:
TANK AND LID 3500 P51 CONCRETE
TANK RIDWORCED WIH 3/B' STEEL 12'O.C. BDTH
WAYS
REOtAAR LID REINFORCED WITH 1/2'STEEL SOTHWAYS
TANK WALLS AND BOTTOM 4' MIN lOLOTOPlHrrilT l•R TGPwl
PRE-MAMUFACTURSAND (OR EDLLAL)EA TANK 9Y FI.ORE)A ROCK AND 1"Illm LENOITT
TANK CAPACITY TO BE MIN 2.SO0 GALLONS PREFAB STANDARD UO
6' PVC WAXER
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FROM ROOF to" 1!
! um aff GUTTER swim �
I "'�"�Aw .BDTWD
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KTI
7
LAWRENCE P. FRANK
SURVEYORS ENGINEERS • LAND PLANNERS
83266 OVERSEAS HIGHWAY, ISLAMORAOA, FL 33036
Phone (305) 664-0764 FAX (305) 664-0816
A or kq"%"M vagmm 000OMT01
CERTIFIED TO: CANDACE AKINS Joe"H2OB3G9
i/ SEC. 14` TO. 00 S.,ROE 29 E.
MONROE COUNTY.FLEA
130.0a' (C)
Icl
LINE. -- u
2
I R 10 300 SG.HR. /IX375 ACRE
P4
I I CLF ® t4
'a Awl
20'R/WI 10.00 (P
135.21 (M. TO bBTNESS) lot
156.90' (M. To SH RELINE)v
, ■ ieaaigiq,m
BMX'/
— LEGAL DESCRIPTION:
$ LOT 27 AND THE NORTHERLT 51.50' LOT 26,
!r E N
)v G TO THE PLAT TNEREO AS
THE PLMO IN PLAT BOOK 3.PACE 1ECORDS OF MONROE1441 OF
FLORIDA.
SCALE: 1`®30• �• •.` WITH AN
EASEMENT OVER THE VEFITALT I OF LOTS
23 AND 24.BLOG% I ARM
Ar� ON. G TO THE FIAT
A9 REDORDIED IN PLAT BOOK 3.
H / PACE 141 OF THE PUBLIC RECORIDS OF
MONROE STY,FLOR10A
SURVEYORS NOTES: w COt'l MY 80' R/W
1.)ALL CORNERS FOLIND HAVE No N DESIGNATING SURVEYOR OR COd4PANY AS SHOWN.
2. ALL BEARINGS AND O.ST ARE PER PLAT NOTE®.
3. NO U NO FoUiNDATIONS OR UTi =HAVE BEEN LOCATED OR SHOWN UNLESS OTHERWISE NOTED.
4. NO INSTRUMENTS Of RECORD REF E.CTIN0 EASEMENT&RIQHI —WAT AND/OR WERE FLWU99D INS RRVEYOR
E%CEPT AS S
5. OEVATNML DATUM NAVAL IOU.M.SL.®G.A BEN • FL4100 SRO,CEVMIIX42
L423 OF KAMM LOT NOR116 SCALM FM M PLAT.
THIS
®. S 19 TO CERTIFY THAT I HAMS Tb ENE FEDERAL INSURANCE 7BIN FLOW HAZARD BOUNDARY MAP.
COhOAl1N17Y Na125129 PANEL Na132e K. EFFECTIVE DATE 2/TB/D9. ANO THE HEREON BED
PROPERTY AP %BE IN ZONE VE. VATH A BASE EUVA D 11' kML
ABBREVIATION L€GMG: CERTIFIED FOR BOUNDARY SIRVEY _
f.LR FOtM POH ROD, SIX INDICATED SIlO. SECTION
SIP. SET RON C B TINP. I HEREBY CFR4IFY THAT INS SURVEY MEEM THE.MINIMUM
F.I.P. FOUND ROL RANGE arAmoAROS AS SET FORTH BY THE FLORIDA
F.W.D. FOUL NAIL AND Olt om BOARD Or PROFESSIONAL SURVEYORS AMD MAPPERS IN
SAD. SET N4AL AND OSK, P.LS. 99 PLAT CHAPTER —B, ADMIN ORATiVE
F.C.M.FOUND C18N01ETE MONU MEA RED P IRSU SECYON47, STATUTES.FA T CIE C CALCULATED
P.C.P.PERMANENT CONTROL POINT CONCRETE
PL POINT OF I ON COV T®r pKp214/OB
P.C. POINT OF CURVE ASPN. ASPHALT
P.O.B. POINT OF BEGINNING PVMT.PAVEMENT LABIRENLE P. FRANK P.LS. /4619 DATE: 1D/6/08
RIGHT—OF—WAT El". ELEVATION
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INTERNAL G °1� PAGE 11 F ® E PUBLIC
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AKIOREW
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eREMENME
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ULTRAVOLUME PLUMBING 1.8 CAL. / N
+1 PO FLUSH TOIL, 2.0 GPM FAUCETS. 2.5 GP , 1
INIIF
HEADS
+1 POINTS -SEER RATING >12 8 t
+1 PO _SECONDARY WATER SOURCE 2.500 GALLON CISTMH TOTAL PROWDED
+1 POINTS -HEAT RECOVERY AC .- ALTERNATIVE ELECTRICITY
+1PMM -EXCEED ATION BY 13 INCHES
-6 POINTS -V€ ZONE
TOTAL . 12 POINTS
1Q
L
TK U0,3500 PS COCRETE
TMX MWOMEO W"W '/8®STEEL 12®O.C. OM14
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REGULAR Lb RENFORCED VM 1/2®STEEL AYS
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TANK ffY TO 8L MIN 2 g �PI A9 STANDARG Lb N.TJ.
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lAWRENCE
SURVEYORS & ENGINEERS • LAND PLANNERS
83266 OVERSEAS HIGHWAY, LSLAMORADA, FL 33036
Phone (305) 664-0764 FAX (305) 564-0816
A offlam OF m
WITIFIED To- CANDACE AKM MR No.kOLM
LEM D TION: IBC.14,TWP. 08 S.,ROT:,20 E.
ALL OF LOT 25 AND THE NORTHIER Y 24.00' LOT 24 AND THE SOUWXY 17.00'OF LOT 28. BLOCK 9 DOCTORV MONK
ARM SUBDIVISION, TO THE PLAT AS REWIRDED 1N PLAT BOOK 3,PAGE 141 OF iiIE PUBLIC
COUNTY,RECORDS OF MONROE FLORIDA.
SUBJECT TO AN INORMS/tORESS IEASEM&NT DVS THE VANTEIRLY 12W OF LOTS 23 k 24,BLOCK t, WOMMO
DOCTCR'S ARM SUBOI
r
taro
Awl
ILA SCALE 1•+w
uW IITtF'�
PYTTX
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ls�a�
10.00t (P) 156AO' (M. TD SHOREUNE)135 �
s1'(LL TO �.
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i W
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tver 1' N'Orl�1Y
04 %P t+�e1•
�: ur 177.2' (M. TO SHOREUNE
!140
rX
ti ,
AM
SURVEYOR'S_NOTES _
+.)ALL CORNERB FOUM HAVE NO NU TIC OR ANY T AS SHOWL
2 ALL H8)OISTMdCES ARE REBrFER PLAT EL NOT
allo ENCR OR LIBUT1ES HAS BEEN LWATEO OR SHOW UNLESS OTHERYM MOTEL
4, NO INSMMENTS OF RWORD REIRMOND —WAY AND/OR ONNIMP WE FUINSHM IM GURVFYOR
6 LTLVAIION DATUM NA 9021k N,KL.i O.Q RAM M,EIMG IM42
0. THE TO CERTIIFY THAT I NAVE TFA THE FEDERALOiSL�µ ISTRATM F oO H YAP.
NITM No.1201210, PANEL.No.i=K. EFFECTIVE DATE H AMC THE K EO
P 7Y APP T® BE IN ZONES AE k VE. TRTH A H ATIdFLS OF 10' a 11' Y.S.L
MOREMAMON LEGEND: CERTIFIED FOR MMOARY SURVEY
F,LR FOUND WON ROD. SM LNDICAIM Sm SECTION
S.L.P. SET IRON Pip 1 "PJ-A 0 TT I THAT THIS NESTS 7 E)MIMU I
FJ.P. f m STYE R�1 1ffi RSE sumoARDs AS SET F TH BY THE FLORIDA
F.W.D. FOUND NAIL AND DISK OEM -OF RtOFESSIONAL SURNEVORS AND MAPPERS IN
SAL SEA% YOPJ. 10 PLAT CHAPTpR 7— A1VE
7 F.= MEASURED d 1
STAIUTE3.
P.R.Y PERMANENT REFERENCE MONUMENT CALCULATED
P.C.P.PERMANENT CONTROL PT L CONCREW
P.I. PONT OF W COY. for _ t M,ly 12/4/08
P.0 POINT 'ET CE P. FRANK P.LS 2 ®ATE: 1D
P.D.S. PELT� PVYT.PAVEMENT N� /0/0
RKINT—OF—WAY ELEV. ELEVATW
TYPWAL NOT VAUD
m
I -----�
'a
MAmmi
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� I M
I
I
j
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ASCE 7
175 MPH
EXPOSURE CAMEGORY - C
LEGAL DESCRIP71ON
IMPOFrrMCE F — 1.00ALL OF LOT 25 AND THE NOPMERLY e
1.00 AND THE SOUMERLY17
DOCTORS ARM StJBDMWK ACOOM
INTERN&PRESSURE 00ERClENr — .18 T THEREOF AS RECORDED IN PLK
PAGE 141 OF THE PUBUC RECORDS O
2
ULOM AREA
KEY LARGO,FLC
NOTES, WVEL O
MLIAMMIFIELD
MWIMUMAT210fta.UMP"
8 AL d
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1 407
+10 POEMS —PLATTED SUB KM 2
+1 POEMS —GRCIUP 1 HAEIRAT
+2 POINTS —WINO LOAD RATING 175 MPH PER ASCE 7-02 TOTAL PROVM
+1 POINTS ULTRA LOW VOLUME PLUMNO FIXTURES 1.8 CAL /
_FLUSH TOILETS. 2.0 GPM FAUCETS. 2.5 GPM SHOWER
HEADS
+1 POINTS —SEER RATING Y12
+1 POINTS —SECONDARY WATER SOURCE 2.500 GALLON CISTERN
a +1 POI —HEAT RECOVERY AC — ALTERNATIVE E! ICITy 494F 1cpIMURMITTwvAm
®•° +1 POINTS —EXCEED FLOOO ELEVATION BY 13 INCHES
v` —b POINTS —VE ZONE S
TOTAL : 12 POINTS room 1
ear
µTA.
1 SECDC
1ANx AN® un 3300 PSI CONCRETE ,
LAWRENCE P. FRANK
SURVEYORS • ENGINEERS a LAND PLANNERS
83266 OVERSEAS HIGHWAY. ISLAMORADA, FL 33036
Phalle (305) 664-0764 FAX (305) 664-0816
A WOW Or UMA
COMM TQ CANDACE ApNS JOB Na
—� SEQ
ROE TOP. Y.FLORIDA
Rom. 29 E
LEGAL DESCRIPTION.,
LOT 23 and THE swrAmy 2LW OF LET 24,am 9,
®v0'R/W I S ARM SUBDIVISION.ACCORDING TO THE PUT j
L I AS =INDPLAT SM 3.PACE 949 OF THE r
t SUBJECT TO AN pd OVER THE
I I fJ^ �-Lp— — Y $LOW OF LOTS 23 R 24,a= 9.AFORESAID
tDOCTon ARM SUB01tASNON.
l
10.00' (P FAK %1' '
lkl-I
,
W
942-6i 77.2' m. TO SHORELINE)
J ® a
—
g - ,ar a,mmam
w 94.600 SM FT;/O-W ACRES
x 4
°aI I 'm JtQX/
J 9b0.O0'(P A M. TO unmmx fu
2.'0.4' (M. TO SHOREURE)
CV r
roam IS
rp oxw.+a+s
. __-- ------------
--------------------+N �-------- Nr
SURVEYOR'S N07ES
1.) ALL OOlVtERS FOUND NAVE NO KUM1110 DERGUATING PREMUS S=VVm OR COMPANY AS Wam.
2.)ALL f AND MIAHM ARE MEASURED PER RAT
3. NO UNDERGROUND ENCROACHMENTS FOIJNDAMONS OR UTUM NAVE BEEN LocAyEn
DA Hameptast ED TFNS S R UNLESS
Tm.
4. NO INSTRUMENTS OF ENTIL RIGHTS -MAY AND
OCEPT AS SHOW NERECH.
L n&A9ICH DAUM NAY.®.ink M.LL+CA FL4I2M SO.BUXV.90.42
NL WASI! LOT r 9H FROM PLAT.
S T9SS R TO CERTIFY THAT I HAVE CONSLL70 THE FEDERAL.INSURANCE ADMINISTRATION aGoD NAZARO soUNDmy MAP.
CO MMUN9TY Na92'3128. PANEL Na9323 K EFFECTIVE DATE 2,A8 AND THE ED
PROPERTY APPEARS
1O BE IN Z AE& M VATH A BASE ELEVATIONS Of 90' R 11' M.S.L.
A EMATION LEGEND: CEATSTED FOR BOUNDARY SURVEY
FA.R FOUND RON ROD.SZE T® SPGSECTION
SI P. SET ROW P"- llr P.L.S. /4095 TTP. TOWNSHIP I HIMMY CERTIFY THAT M 91RKY MEETS TNT mmmu A
F.I.P. FWFn INDICATED Rom. RANGE TWINICAL STANDARDS AS SET F TH BY THE FLCPIDA
F.N.D. FOUND MAL AND DISK DEED BQAJW OF PROFESSKINAL SURVEym AND MAPPERS IN
S.N.D. SET NAL AND OISK. P.LS, g4695 ) PLAT CHAPTER 69 -96 FLORIDA TIVE COOL
F.C.M. FOUND CON MONUMENT )) MEASURM AHT 4 027, A STA7UTE&
P.R.M. PERMANENT QdCE MONUMENT C TED ,g
P.C.P. T CONTROL PONT C. ®t
PI. POINT OF INTERSECTION COY. prc toa Duly 92/4/Ob
P.C. POINT OF CURVE T
P.O.B. POINT OF 9EMMO PWT. PAVEMENT LAVAIENCE P. FRANK P.L.S. #019 DATE: I0/b/Ob
R/W RICKT-OF-WAY ELEV, ELEVATION
ITP TYAM NOT VALD UNLESS
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RES0LU3NKAM::Q9
A RESOLUTION BY THE MONROE COUNTY
PLANNING COMMISSION APPROVING THE
RESIDENTIAL DWELLING UNrr ALLOCATION
QUARTER BEGINNING JANUARY 14, 2009, AND
ENDING APRIL 13, 2009, PURSUANT TO SECTION
139-26 OF THE MONROE COUNTY CODE
WHEREAS,the Sr. Director of Planning&Environmental Resources submitted to
the Planning Commission a Residential Dwelling Unit Allocation Evaluation Report,dated
June 3, 2009, pursuant to the procedures outlined in Monroe County Code, Amended,
Section 13826;and
WHEREAS, the Monroe County Planning Commission during a regula public
meeting held on June 10, 2009, conducted a public hearing to review, discuss, and make
formal motions regarding the Dwelling Unit Allocation Ranking Report;and
WHEREAS,the Planning CAmnmission was presented with the following evidence:
1. The memorandum entitled Residential Dwelling Unit Evaluation Report, Quarter 3 of
Yew 17, from Townsley Schwab, Sr. Director of Planning & Environmental
Resources, to the Monroe County Planning Commission, dated June 3, 2009, and
which reporVs findings of het and conclusions of law this Commission adopts by
reference,as its own;and
2. The sworn testimony by the Monroe County Growth Management Division staffi, and
comments of John Wolfe,Esquire, and
WHEREAS,the Planning Commission makes the following Findings of Fact:
1. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning &
Environmental Resources, the Planning Commission hereby approves the
recommendation by the Sr. Director of Planning& Environmental Resources to grant
Allocation Ranldngs in the Lower (Lower/Middle) Keys subarea for Market Rate
Dwelling Units to applicants ranked one(1)through twenty-five (25); and
Resolution P23-09 Page I of 3
S7
2. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning
Environmental Resources, the Planning Commission hereby approves the
recommendation by the Sr. Director of Planning & Environmental Resources to grant
Allocation Rankings in the Big Pine/No Name Key subarea for Market Rate Dwelling
Units to applicants ranked one(1)through two (2);and
3. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning &
Envhnonmental Resources, the Planning Commission, hereby approves the
recomnuadation by the Sr. Director of Planning Environmental to grant
Allocation Ranldngs 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 Raddngs in the Upper Keys (Administrative Relief) subarea for Market
Rate Dwelling Units to applicants ranked one(1)through fifteen(15);and
5. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning &
Environmental Resources, the Planning Commission hereby approves the
recommendation by the Sr. Director of Planning & Environmental Resources to grant
zero (0)Allocation Rankings for the Lower and Upper Keys subarea in the very low,
/ry low,&median income category for Affordable Housing Dwelling Units;and
6. Based upon the written testimony of Townley Schwab, Sr. Director of Planning &
Gm % Environmental Reso the Pl Commission hereby roves 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 Rauldngs for the Big Pine/No Name Keys subarea in the very low,
low,&median income category for Affbrdable 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 Ranldngs for the Big Pine/No Name Keys subarea in the moderate
income category for Affordable Housing Dwelling Units;and
��'� Resolution P23-09 Page 2 of 3
NOW THEREFORE BE IT RESOLVED BY PLANNING COMMISSION OF
MONROE COUNTY, FLORMA, that the preceding Findings of Fact and Conclusions
of Law, support the decision to APPROVE the Residential Dwelling Unit Allocation
Randkings for Quarter 3 Year 17 and as submitted by the Sr. Director of Planning
Environmental Resources.
PASSED AND ADOPTED by the Platming Commission of Monroe County,
Florida,at a regular meeting held on the 10th day of June 2009.
Market Rate
Lower(LwMdq KqS Big PineNo Name Keys Up (Ach-Reban Keys
sub@= s
Commissioner Wall
Commissioner Werling
Commissioner Hale
Commissioner Cameron
Commissioner Lustberg
Affordable Housing
Lower{Lwdmdp &Upper Keys Big o Name Keys
Commissioner Wall
Commissioner Werling
Commissioner Hale ya
Commission Cameron 3
Commissioner Lwtberg
PlanningC of
Morave C
By J.
amirinan
Signed this 10th day of June 2009
%�' Resolution P23-09 Page 3 of 3
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E ULiITION 042-09
A RESOLUTION By T7-IE MONROE COUNTY
PLANNING COhWISSION APPROVING THE
RESIDENTLALL DWELLINGIT ALLOCATION
QUARTER BEGINNING APREL 14, 2009,AND ENDING
JULY 13, 2009, PURSUANT To S 1 -26 O
THE MONROE COUNTY CODE
the Sr.Director of Planning&Environmental Resources submitted to
the Planning Commission a Residential Dwelling Unit Allocation Evaluation Report dated
August 26, 2009,pursuant to the procedures outlined in Monroe County Code,Amended,
Section 138-26; and
the Monroe County Planning Commission during a regular public
meeting held on September 2, 2009, conducted a public hewing to review, discuss, and
make fbn nal motions regarding the Dwelling Unit Allocation Ranking Reps and
the Planning Commission was presented with the following evidence.
1. The memorandum entitled Residential Dwelling Unit Evaluation Report, Quarter 4 of
Year 17, from Townsley Schwab, Sr. Director of Planning & Environmental
Resources, to the Monroe County Planning Commission, dated August 26, 2009, and
which report's findings of fact and conclusions of law this Commission adapts by
ref as its own; and
2. The sworn testimony by the Monroe County Growth Management Division staff; and
comments of John Wolfe,E • and
the Planning Commission makes the following Findings of Fad:
•1. Based upon the written testimony of TownsIey Schwab, Sr, Director of PI
anning &
Environmental Resources, the Planning Commission hereby approves the
recommen on by the Sr. Director of Planning&Environmental Resources to grant
Allocation Rankings in the Lower (Lower/Middle) Keys subam for Market Rate
Dwelling Units to applicants ranked one(1)through thirty-six (36); and
Cgs
Resolution P42-09 Page 1 of 3
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 PineVNo Name Key subarea for Market Rate Dwelling
Units to applicants ranked one(1)through two (2); and
3. Based upon the written. testimony of Townsley Schwab, Sr. Director of Planning &
Environmental Resources, the Plaiming Commission, bereby approves the
recommendation by the Sr. Director of Planning &Environmental Resources to Smut
Allocation Radkings in the Upper Keys subarea for Market Rate Dwelling Units to
applicants ranked one(1)through twenty(20);and
4. Based upon the written testimony of TownsIey 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 anlicatits ranked one(1)through ten(10); and
S. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning &
Environmental Resources, the Planning Commission hereby approves the
recommendation by the Sr. Director Of Planning &Environmental Resources to grant
zero (0) Allocation Rankings for the Lower and Upper Keys subarea in the very low,
low,&median income category for Affordable Housing Dwelling Units;and
6. Based upon the written testimony of To ley 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 Dweffing Units;and
7. Baud -upon the written testimony of Townsley Schwab, Sr. Director of Planning &
Environmental Resources, the Planning Commission by approves the
recommendation by the Sr. Director of Planning &Environmental Resources to grant
zero(0)Allocation Rankings for the Big PinrdNo Name Keys subarea in the very low,
low,&median income category for Affordable Housing Dwelling Units;and
S. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning &
Environmental Resources, the Planning Commission hereby approves the
recommendation by the Sr. Director of Planning&Environmental Resources to gmut
zero (0)Allocation Rankings for the Big PinelNo Name Keys subarea in the modetate
income category for Affm&ble Housing Dwelling Units; and
Resolution P42-09 Page 2 of 3
64(
r
K% NOW THEREFORE BE IT RESOLVED By PLANNING COMMISSION
MONROE COUNTY, FLORIDA, that the preceding Findings of Pact and Conclusions
of Law, support the decision to APPROVE the Residential Dwelling Unit Allocation
Ranldngs for Quarter 4 Year 17 and as submitted by the Sr. Director of Planning &
Envirommental.Resources.
PASSED AND ADOPTED by the Planning Commission ofMonmeCounty,
Florida, at a regular meeting held on the 2nd day of September 2009.
Market to
Lower(l )Keys Big o Name Keys Upper Keys Upper(Adn R.14 Keys
sub sub sub barea
Chairman Wall
Commissioner Werlin es Y
Commissioner Hale yes YS-s
ya
Commissioner Cameron
Commissioner Lustberg yes Y—es Y._.
Affordable Housing
Lower(L di) &Upper Keys Big PinWNo Name Keys
1
su ubarea Chairman Wall
Commissioner Werling M Yes
Commissioner Hale yes
Commission Cameron ys-s
Commissioner Lustberg ya
f
Planning C ssion of '
o a Co Flori
y /
Randy W C 'rman
Signed this 2nd day of September 2009
r
l
Resolution P42-09 Page 3 of 3
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A RESOLUTION By THE MONROE COUNTY
PLIkNNING COMMISSION APPROVING AND
HOLDING SOME ALLOCATIONS IN ABEYANCE FOR
THE RESIDENTIAL DWELLING UNIT ALLOCATION
QUARTER BEGINNING JUL Y 14, 2009, AND ENDING
OCIIOBER 12, 2009, ALL OTHER AppLFCANTS
ROLLOVER TO THE NEff REGULAR QUARTERLy
EVALUATION PURSUANT TO SECTION 138-26 OF
THE MONROE COUNTY CODE
WHEREAS,the Sr.Director of Planning&Environmental Resources submitted to
the Planning Commission a Residential Dwelling Unit Allocation Evaluaflon Rqmr4 dated
December 8, 2009, pursuant to the procedures outlined iO Monroe County Code,
Amended,Section 138-26,and
WHEREAS, the Monroe County Planning Commission during a regular public
meeting held on December 15, 2009, conducted a public hearing to review, discuss, and
make formal motions,regarding fw Dwelling Unit Allocation Ranking Report;and
WH]=AS,the Planning Commission was presented with the following evidencm-
1. The memorandum entitled Residential Dwelling Unit Evaluation Report, Quarter I of
Year 18, from Townsley Schwab, Sr. Director of Planning & Environmental
Resources, to the Monroe County Planning Commission,dated December 8,2009,and
which reports 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 st&M- and
comments of John Wolfe,Esquire;and
WKWAS,the Planning Commission makes the following Findings of Fact:
1. as upon the written testimony of To ley Schwab, Sr. Director of Planning &
Environmental Resources, the Planning Commission hereby approves the
recommendation by the Sr. Director of Planning & Environmental Resources to gram
Allocation Rankings in the Lower (Low ex/Middle) Keys subarea for Market Roe
Dwelling Units to applicants ranked one(1)through fourteen (14); and
2. Based upon the written testimony of To ley Schwab, Sr. Director of Planning &
Environmental Resources, the Planning Commission hereby approves the
recommendaLion by the Sr. Director of Planning & Environmental Resources to grant
Allocation Rankings in the Big Pin Name Key subarea for Market Rate Dwelling
Units to applicants ranked one(1)through two (2),and
Resolution P55-09 Page 1 of 3
S. Bosed 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 me(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, y approves the
recommendation by the Sr. Director of Planning & Environmental Resources to hold
Upper Keys Market Rate Dwelling Units allocations in obeys=for applicants
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
allocafions back to the Planning Cominission for recommendation of either a sufficient
ranking or insufficient ranking for an allocation award for these or other applicants;
and
S. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning &
Eavixonmental Resources, the Planning Commission hereby approves the
recommendation by the Sr. Diremr 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 ffiree(3);and
6. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning &
l/%
� Environmental the Planning Commission, hereby approves the
recommendation by the Sr. Director of Planning & Environmental Resources to hold
Upper Keys (Administrative Relief) allocation in obeysince for applicant ranked two
(2), since the property does not have a tier designation at this time. Once the tier
designation is finaIW4 staff will bring the allocauon back to the Planning
Commission for a recommendation of either a sufficient ranking or insufficient ranking
for an allocation a
7. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning &
Environmental Resources, the Plantung 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 Dwell' Units;and
8. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning &
Environments] Resources, the Planning Commission hereby approves the
recommeadation by the Sr. Director of Planning & Environmental Resources to grant
zero(0)Allocation Rankings for the Lower and Upper Keys subarea in the moderate
income category for Affordable Housing Dwelling Units;and
9. B&W upon the written testimony of Townsley Schwab, Sr. Director of Planning &
Environmental Resourcm the Planning Commission hereby approves the
Resolution P55.09 Page 2 of 3
f
recommendafion by the Sr. Director of Ptann1mg&Environmental Resources to grant
zero(0)Allocation Rankings for the Big PindNo Nam Keys subarea in the very low,
low,&median income category for Affordable Housing Dwelling Units;and
10.Based upon the written testimony of Townsley Schwab, Sr, Director of Planning &
Environmental Resources. the Planning Commission hereby approves the
recommendation by the Sr. Director of Planning&Environmentalour to grant
zero(0)Allocation Rankings for the Big Nam Keys subarea in the moderate
income category for Affordable Housing Dwelling Units;and
NOW THEREFORE BE IT I
MONROE COUNTY, FLORWA, the the precading F of Fact and Conclusions
of Law, support the decision to APPROVE die ResidentialDwelling Unit AHocation
Rankings for QuarW 1. Year 18 and hohling allocations in aboymm 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 the Sr,
Directorof Plarmang&Environmental Resources.
PASSED AND ADOPTED by the Planning Commission of Monroe County,
Florida, t a regular meeting held on the 15th day of December 2009.
Market Rate
LowerKeys Big PhWNo Narm Keys Upper UpperKays Upper(Adm s
Mom
Chairman wall
Commissioner Werling
Commissioner Yale
Commissioner Cameron
Commissioner Lastberg
Affordable Housing
Lower(Lwomdo&Upper Keys Big PinclNo Name Keys
Chairman Wall
Commissioner Werling
Conunissioner Hale
Commission Cameron YSA
commissioner er tber r
Planningssion !
o ountyi Fl °
By 6/
yVd, airman
SWied this 1Sth day of December 2009
Aen*av n To 3'oRM
nY
Resolwion PSS-09 Page 3 of 3
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A RESOLUTION BY THE MONROE COUNTY
PLANNING COMMISSION APPROVING AND
HOLDING SOME ALLOCATIONS IN ABEYANCE FOR
THE RESIDENTIAL DWELLING UNIT ALLOCATION
QUARTER BEGINNING OCTOBER 13, 2009, AND
ENDING JANUARY 12, 2010, ALL OTHER
APPLICANTS ROLLOVER TO THE NEXT REGULAR
QUARTERLY EVALUATION PURSUANT TO SECTION
138-26 OF THE MONROE COUNTY CODE
WHEREAS,the Sr. Director of Planning&Environa=W Resources submitted to
the Planning Commission a Residential Dwelling Unit Allocation Evaluation Report,dated
March 1, 2010, pursuant to the procedures outlined in Monroe County Code, Amended,
Section 138-26;and
WHEREAS, the Monroe County Planning Commission during a regular public
meeting held on March 10,2010, conducted a public hearing to review, discuss, and make
formal motions regarding the Dwelling Unit Allocation Ranking Report;and
MWREAS,the Planning Commission was presented with the following evidence:
1. The memorandum entitled Residential Dwelling Unit Evaluation Report, Quarter 2 of
Year 18, from Townley Schwab, Sr. Director of Planning & Environmental
Resources, to Me Monroe County Planning Commission, dated Marth 1, 2010, and
which repores findings of fact and conclusions of law this Commission adopts by
refererme,as its own; and
2. The sworn testimony by Me Monroe County Growth Management Division stmT, and
comments of John Wolfe,Esquirr,and
WEIEREAS,the Planning Commission makes the following Findings of Fact:
1. Based upon the written testimany 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 fiddle) Keys subarea for Market Rate
Dwelling Units to applicanti ranked one (1) through ten (10) and thirteen (13) though
fourteen (14); and
2. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning &
Environmental Resources. the Planning Commission, hereby approves the
recommendation by the Sr. Director of Planning & Environmental Resources to hold
0 Lower (Lower/Middle) Keys Market to Dwelling Units allocations in abeyance for
Resolution PO4-10 Page I of 3
0-It
-7-S
k A
applicants ranked eleven(11)through twelve(12), since the properties do not have tier
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 Big Pine/No Name Key subarea for Market Rate Dwelling
Units to applicants ranked one(1)through two (2);and
4. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning &
Environmental Resources, the Planning Commission, hereby approves the
recommendation by the Sr. Director of Planning & Environmental Resources to
Allocation Rankings in the Upper Keys subarea for Market Rate Dwelling Units to
applicants ranked four(4)and six(6)through nine(9);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 hold
Upper Keys Market Rate Dwelling Units allocations in abeyance for applicants ranked
one(1)through three (3), five (5), and ranked twelve(12) through thirteen(13), since
�j
the properties do not have tier designations at this time. Once tier designations are
firWized, staff will bring the allocations back to the Flaming Commission for
recommendation of either a sufficient ranking or insufficient ranking for an allocation
award for these or other applicants;and
6. Based upon the written testimony of Townley Schwab, Sr. Director of Planning &
Environmental Resources, the Planning Commission hereby approves the
recommendation by the Sr. Director of Planning& Environmental Resources to grant
Allocation Rankinp in the Upper Keys (Adminis 've Relief) subarea for Market
Rate Dwelling Units to applicants ranked one(1)through two(2);and
7. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning &
Environmental Resources, the Planning Commission hereby approves the
recommendation by the Sr. Director of Planning & Environmental Resources to grant
zero (0)Allocation Rankings for the Lower and Upper Keys subarea in the very low,
low,&median income category for Affordable Housing Dwelling Units:and
8. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning
Environmental Resources, the Planning Commission hereby approves the
recommendation by the Sr. Director of Planning & Environmental Resources to grant
zero (0) Allocation Rankings for the Lower and Upper Keys subarea in the moderate
income category for Affordable Housing Dwelling Units;and
Resolution PO4-10 Page 2 of 3
4. Based upon the written testimony of Tawnsley Schwab, Sr. Director of Planning &
Environmental Resources, the Planning Commission hereby approves the
recommendation by the Sr. Director of Planning & Environmental Resources to grant
z (0)Allocation Rankings for the Big Pine/No Name Keys subarea in the very law,
low,&median income category for Affordable Housing Dwelling Units;and
10. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning
Environmental Resources, the Planning Commission hereby approves the
recommendation by the Sr. Director of Planning & Environmental Resources to grant
zero(0)Allocation Rankings for the Big PinrJNo Name Keys subarea in the moderate
income category for Affordable Housing Dwelling Units;and
THEREFORENOW O I
MONROE COUNTY, FLORIDA, that the precWing Findinp of Fact and Conclusions
of Law, support the decision to "PROVE 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 (I0)and thirteen
(13) though fo (14), and to Upper Keys Market rate Applicants ranked one (1)
throughe(3),five(S). and mnked twelve(12)through thirteen(13)as submitted by the
Sr. Director of Planning&Environmental Resources.
PASSED AND ADOPTED by the Planning Commission of Monroe County,
Florida,at a regular meeting held on the 10th day of March 2010.
Market Rate
Lower tLwdmdu Keys Big Pine/No Natne Keys UpperKeys Upper tAdm.aumn Keys
submn s
Chairman Wulf
Commissioner Werfing
Commissioner Hale
Commissioner Cameron
Commissioner Lustberg Y—es yra
Affordable Housing
Lower(Lwr/mca) &Upper Keys Big PjnrJNo Name Keys
su
Chairman Warr Y-9 in
Commissioner Werling AILS= b
Commissioner Hale
Commission Camerae
Cb t --- ' . YSI
Arrn°� �'�', Planning Commission of i
;ss i":' t.r •v Monme County.Flo
By
of Mamh 7010 Randy 1,chairman
Revolution 10 Page 3 of 3
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RESQLLMQNAPj0.L
A RESOLUTION BY THE MONROE COUNTY
PLANNING COMMISSION APPROVING THE YEAR
, 18
QUARTER 3, (JANUARY I3, 2010-APRIL 12 , 20I0)
RESIDENTIAL DWELLING UNIT MARKET RATE
ALLOCATIONS FOR THE LOWER KEYS SUB-
BIG PINE AND NO NAME KEYS AND FOR
AFFORDABLE HOUSING; HOLDING SO
hffi
ALLOCATIONS IN ABEYAE PENDING TIER
DESIGNATIONS; CONTINUINGNC THE UPPER
PP KEYS
MARKET RATE ALLOCATIONS UNTIL JUNE 23,2010.
the Sr. Director of Planning&Environmental Reno
the Planning Commission a Residential Dwelling Unit Allocation Evaluation R
eport� dated
Section I3$-26; and outli urces Witted to
June 2, 201 Pursuant to the procedures Outlined in Monroe County Code, Amended,
WHEREAS, the Monroe County PlanningC
m held on June 9, 20I0, conducted a publih ommissxon during a regular public
fo motions re ' g the Dwelling Unit Allocation Ranking wing to review, discuss, and e
Report; and
the Planning Commission was presented with the following evidence:
1. The memorandum entitled Residential Dwelling Unit Evaluation Report Year 18, from Townley Schwab, Sr. Director of Planning & Environmental
Resources, to the Monroe County Planning Commission, dated June 2,20I0; and
2. The swom testimony by the Monroe County Growth Management Division
comments of John Wolfe, Esquire; and staff and
WHEREAS, the Planning Commission makes the following Findings of Fact:
I. Based upon the written testimony of Townley Schwab, Sr. Director of Planning
Environmental Resources, the PlanningC `
recommendation by the Sr. Director of Planning Commission
Resot�nrproces get
Allocation RarAdngs in the Lower (Lower/Middle) Keys subarea for Market Rate
Dwelling Units to applicants ranked one (1), two (2), five (S), through seven (7) and
nine(9)through thirteen (13); and
2. Based upon the written testimony of Townsley Schwab, Sr. Director of Planning
Environmental Resources, the Planning Commission, hereby approves the
recommendation by the Sr. Director of Planning & Environmental Resources to hold
/ Lower (Lower/Middle) Keys Market Rate Dwelling Units allocations in abeyance for
applicants ranked three (3), four(4), and eight(8), since the
properties do not have tier
Resolution P10-10 Page 1 of 3
designations at this time. Once tier designations are finalized, staff will bring the
allocations back to the Planning Commission for recommendation of either a sufficient
ranking or insufficient ranking for an allocation award for these or other applicants;
and
3. Based upon the written testimony of Townley Schwab, Sr. Director of Planning &
Environmental Resources, the Planning Commission hereby approves the
recommendation by the Sr. Director of Planning & Environmental Resources to grant
Allocation Rankings in the Lower Keys (Administrative Reliefl subarea for Market
Rate Dwelling Units to applicant ranked one(1); and
4. Based upon the written testimony of Townley Schwab, Sr. Director of Planning &
Environmental Resources, the Planning Commission hereby approves the
recommendation by the Sr. Director of Planning & Environmental Resources to grant
Allocation Rankings in the Big Pine/No Name Key subarea for Market Rate Dwelling
Units to applicants ranked one(1)through two (2); and
5. Based upon the testimony of staff concerning inconsistencies and inaccurate
information regarding the availability of central wastewater treatment system
availability in the Upper Keys subarea, the Planning Commission, hereby approves the
continuance of the Upper Keys subarea market rate applications to June 23,2010;and
, y
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
O'z7z�
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 10-1 0 Page 2 of 3
n M
NOW THEREFORE HE ff RESOLVEDY THE PLANNING
COMMISSION N COUNTY, FLORIDA, that the preceding Findings of
Fact and Conclusions of Law, support the decision to APPROVE the Residential Dwelling
Unit Allocation Rankings for Quarter 3 Year IS and holding allocations in abeyance for
Lower (Lower/Middle) Keys Market rate Applicants r (3), four(4), and eight
(S), and continuing the public hearing for the Upper Keys et Rate Applications to
June 23, 2010 at 10:00 as shown on IT `A' att
PASSED AND ADOPTED by the Planning Conunission of Monroe County,
Florida, at a regular meeting held on the 9th day of June 2010.
Market Rate
Lower(LwrrMm) a Lower Continue
Keys i Relief) Big Pin o N Upper
jabausober sub
Chairman al! ar
Commissioner Werling
Commissioner Hate
Commissioner Cameron
Commissioner Lustberg
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Affordable Housing
Lower(L ) &Upper Keys Big Pinaft N
am Keys
J271 Chairman Wall s
Commissioner Werling Yffl—
Commissioner Hale
Commission Cameron YM 8 l
Commissioner Lustberg
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Pl ng Co 'ssion!ofMonroe County, Floriy
Signed this 9th day of June 2010 Randy al Chairman f
APPROVED AS TOPORM
AND LErt,s -c
BY 'f
It •rt ' s or7lcc
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Resolution P10-10 Page 3 of ¢I
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REVISED
wishesMONROE COUNTY BOARD OF COUNTY COMMISSIOL4ERS
Any person who to be heard shall provides or her name and residence
whichand the agenda item on `shes to be heard. Such information
publicprovided by the County. Once input begins, there will be no further speaker cards
Clerkallowed to be submitted to the r that subject. An individual
representingperson rganization has five minutes to address the Board (except that
individuals i is hearings pertainingland use issues will iv
minutes). The first person representingorganization iv .
otherSubsequently, all speakers on behalf of that organizationaddress the
Board. Once an individual , he orspermitted to return to
podiumthe rfollow-ups, unless the issue involved i judicial
caw, the applicant may return to the podiumconclude i t position
public
bold.ADA ASSISTANCE Ifyou are a person wak a d1s4bility who needs special accomniodations
in order to partkipate in this proceeding,please contact the County AdwinWrater's Oftke, by
phoning (305) 292-4441, between the hours of 8:30 am. - 5:00 p.m., no later than ten (10)
calendar days prior to the scheduled meeting;Y'yon are hearing or voke hnpalred,caU 11711 1�
Please note that all time approximate items are listed in
Wednesday,July 1,2010
The Harvey Government Center
at Historic
Regular1200 Truman Avenue
Key West, Florida
9:15 A.M - Land Authority Governing Board
A.M. - Fire&Ambulance District
Board of Governors
P.M. - Public Hearings
TIME APPROXIMATE REGULAR MEETIDLG
9:00 A.M. CALL TO ORDER
6-00 P.M. - Public Hearings
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 Druckerniller, 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 t—he month of April
2010 to Brian Bradley, Coordinator, County Attorney's Office.
VIEW
6. Presentation of Government Finance Officers Association (GFOA)
award to Monroe County's Office of Management and Budget.
VIEW
7.
Presentation of Mayor's Proclamation celebrating the week of July
18-24, 2010 as Probation, Parole, and Community Supervision
Week in Monroe County. VIEW
8. Presentation of Mayor's Proclamation declaring August 14th, 2010
as International Taoist Tai Chi Awareness Day in Monroe County.
VIEW
9. Presentation of Mayor's Proclamation declaring November I st to
7'h, 2010 as EcoWeek in Monroe County and the Florida Keys.
VIEW
I . Presentation of "Outstanding Intern" award to Spenser Budde.
VIEW
C. BULK APPROVALI. S —COMMISSIONER WIGINGTON
Approval for Monroe County Bayshore Manor to re-enroll in a
Provider Agreement for participation in the Title XIX Institutional
Florida Medicaid Program YIEW
2. Approval of Modification #00 1 to the Weatherization Assistance
Program, American Recovery and Reinvestment Act Sub-grant
Agreement (ARRA WAP), Contract #IOWX-7X-11-54-01-719
between Monroe County Board of County Commissioners
(Community Services/Social Services) and the State of Florida,
Department of Community Affairs. VIEW
2
C. BULK APPROVALS-CONTINUED
3. Approval of Amendment 007 to the Community Care for the
Elderly (CC ) Contract KC-971 between the Alliance for Aging,
I . ( Agency on Aging) and the Monroe County Board of
Commissioners (Social ServicestIn-Home Services) for fiscal year
7/1/09 to 6/30/10. 1EW
4. Approval Of receipt of monthly report on change orders reviewed
by the County Administrator's Office. VIEW
• Approval of updated Business Associates Agreement with Horizon
Health EAP Services. VIEW
6. Approval of updated i-usiness Associates Agreement with Wells
Fargo. YIEW
7. Approval to renew the Aiq*rt Liability Insurance with Ace
Property Casualty Insurance Company through Arthur j.
Gallagher.YIEW
8. Approval of a revision to Health Insurance Plan Document. YlEw
9. Approval to send a letter of interest to the city of Lantana in
support of their application for the Environmental Protection
Agency for the Climate Showcase Communities Grant. VIEW
10. Approval to spend District 1, District 3 and District 4 Fire and
Ambulance Impact Fees to install 23 fire hydrants at strategic
locations in the areas of unincorporated Monroe County and issue
a Purchase Order to J.A. LaRocco Enterprises, Inc. for the same.
VIEW
11. Approval by the Board, acting as Plan Administrator of the Length
of Service Award Plan (LOS AP) to begin I 0-year disbursement of
funds too eligible participant, with a monthly benefit of$180.00
commencing August 1,2010.YIEW
12. Approval of a resolution authorizing transfer of use and possession
a Ford Explorer owned by the Upper Keys Health Care Taxing
District upon payment of fair market value in the amount of
$12,375-00 by Monroe County Fire and Ambulance District 1; and
authorization for the Division Director, Monroe County
Emergency Services/Fire Rescue to execute all necessary
paperwork, including but not limited to, the Monroe County Fixed
Asset Transfer Form. VIEW
13. Approval of various—resolutions for the transfer of funds and
resolutions for the receipt of unanticipated revenue. VIEW
14. Approval of a resolution authong 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 oft Substance Abuse
Policy Advisory Board and authorization for the County to execute
application. VIEW
3
C. BULK APPROVALS—CONTINUED
15. Authorization for the Mayor to execute the Edward By me
Memorial Justice Assistance funding distribution letterwith the
Department of Law Enforcement for fiscal year 2011 (Oct. 1, 2010
through Sept. 30, 2011), whereby Monroe County agrees to the
distribution of JAG program funds in the County. YJEW
16. Ratification of approval/acceptance of Florida Department of
Transportation grant for an additional $250,000.00 for Planning
Studies for the Key West and Marathon Airports. VIEW
17. Approval to fund one half oft a expense(not to exceed $5,00o.00)
fora 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 AirpoM and approval for Jayne's Cleaning Service to
commence services beginning August 1,2010. VI E W
20. Approval to pay an invoice for Emergency Roof Repairs at the
Key West International Airport from Pearson Framing Contmetors,
Inc., required due to the replacement of an air conditioning unit
located above the ground-level Conch Flyer Restaurant,YIEW
21. Approval of Amendment to Agreement with Stand Up for
Animals, Inc. (SUFA) to operate the Big Pine Key and Marathon
Animal Shelters for an additional ninety(go)days. VIEW
22. Approval of Task Order PW-MAC-001 with MACTEC
Engineenng 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 Pine
Community, and Bernstein.YIEW
25. Approval to reject bids and re-advertise for Playground Equipment
for Lower Keys Parks. YJEW
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. YIEW
27. Approval of a Lease Agreement with Early Learning Coalition of
Miatni-Dade/Monroe toprovide ices at the Gato Building,
I 100 Simonton Street, Key West, FL. VIEW
4
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 to 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 finnigation 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
Fiscal Year 20 10/11. V I E W
36. Approval to purchase from AT&T Quote # 321270739 "Schedule
for the Purchase of Equipment and/or Services" for telephone
equipment and services to upgrade the telephone switching
systems in the Marathon Government Center and the Plantation
Key Courthouse to a highly available core switch and to upgrade
equipment for other smaller sites in Marathon. VIEW
D. TOURIST DEVELOPMENT COUNCIL
1. Approval of an Agreement with Monroe Council of the Arts
Corporation, d/b/a Florida Keys Council of the Arts to provide
funding to supplement costs of tourist related-prQgrams. VIEW
2. Approval to utilize $500,000 TDC Emergency Contingency Funds
to address the impacts of BP oils ill. VIEW
3. Approval to revise TDC Operations Manual "Acceptable Event
Marketing Expense"Policy. YIEW
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 20 10 Capital Resources. VIEW
6 v et e iT—
. Approal of an amendmn to Agreemnt with pper 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
I. 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
® Approval of the minutes for the meetings held on June 16,20 10
and June 29,2010. VIEW
2. Approval to purchase property for conservation.
a) Block 3,Lots 4 and 8,Paradise Point,Key Largo VIEW
b) Block 5, Lots I and 2, Bowens Addition to Riviera Village,
Key Largo VIEW
c) Big Pine Key Acreage (RE#001 108414)MOO) VIEW
d) Block 4, Lot 7, Cutthroat Harbor Estates, Cudjoe Key
VIEW
3. Approval of a resolution authorizing the issuance of two
mortgage loans to The Housing Authority of the City of Key
West to finance the purchaw of 712-716 Eisenhower Drive and
703-705 Pearl Street in Key West as an affordable housing site.
VIEW
4. Approval of a resolution concerning the transfer of funds.
VIEW
5. XP—Proval of a resolution authorizing the issuance of two
mortgage loans to The Housing Authority of the City of Key
West to finance the purchase of 1911-1913 Patterson Avenue in
Key West as an affordable housing site. VIEW
6. Approval of a resolution concerning transfer of funds.
VIEW
ADJOURNMENT
9-30 A.M. G. FIRE& AMBULANCE DISTRICT I
BOARD OF GOVERNORS
I. Report
2. Approval to spend Ad Valorem taxes to install 7 fire hydrants
at strategic locations in the areas of unincorporated Monroe
County and issue a Purchase Order to J.A. LaRocco
Enterprises, Inc for the same. VIEW
3. A Resolution of the Board of Governors, Fire and Ambulance
District 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. Presentaflon 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 I, Ocean Reef Plat 13,
North Key Largo.VIE
2. Approval of a resolution setting the date, time and place for a public
hearing of a proposed abandonment of a portion of Cabrera Street, South
Creek Village Subdivision, Key Largo. VIEW
3. Approval of a request for the full refund of $1,778.00 for the road
abandonment petition fee for F. Albert Zamacona, 27285 Mariposa Road,
Ramrod Key(File No. 28097).VIEW
4. Approval of a partial release of Lease No. 4549, a land management lease
between Monroe County and the Board of Trustees of the Internal
Improvement Fuad of the State of Florida MOT). —VIEW
5. Approval of Commencement Date Agreement as part of the lease between
Monroe County and Habitat for Humanity of the Middle Keys community
Land Trust, Inc. for property located at 1007 75h Street in Marathon
(RE#00343090-000000). VIEW
7
2:45 P.M K. DIVISION OF GROWTH MANAGEMENT
I An appeal of the ROGO Allocation rankings of the Monroe
e e- County Planning Commission for applications #07100486,
#07100479, #07100485 and #07100483 in Planning Commission
Resolution 04-10 dated March 10, 2010 and approval of a
resolution approving the ROGO rankings and DENYING the
appellant,John K. Akins. VIEW
10:45 A.M. L. TAX COLLECTOR
1. Approval of the recap of the 2009 tax roU and the list of errors
and insolvencies for the 2009 tax roH, and approval to extend
the 2010 tax roU Is extended and the bffls be mailed prior to
completion of Value Adjustment Board Hearings.XIEW
1:30 P.M. M. WASTEWATER ISSUES
1. Wastewater Status Report. VIEW
2. Approval of third Amen—dmeut to the 6/21/06 Interlocal
agreement (ILA) with FKAA revising the County Funding
portion to $37,000,000 and immediately appropriating those
funds which have been duly approved for the estimated costs
of administration, planning and construction of the Big
Coppitt Regional Wastewater Project.IlEw
2:00 P.M. N. SOUNDING BOARD
I. Request to speak to the Board of County Commissioners in regards
to — the end of the Pilot program in November, the proposed
revitalization of Monroe County,s image, and pathways towards
local policies that are more conducive to Keys homeowners—John
November. VIEW
0. COMMISSIONERS' ITEMS
1. MAYOR MU
Approval to advertise a reconsideration of
an Administrative Relief for Triple J Investments Inc. on Lot 23,
Block 3o Ocean Park Village-, Key Largo, Real Estate Number
00446010.000000, VIEW
2, COMMISS )NER CARRUTHE - Approval to reappoint
Steve Torrence to the Monroe County Human Services Advisory
Board. VIE
0. COMMISSIONERS' ITEMS - CONTINUED
3. NER ARR E S - Disc by the Board
gH d g the to
�10"'M'SS'o C 7
Coun Comm sslon 7 llif US I as an
g ou � i
a fund n e or Coun n
o I s f
f to
projects,
cl i as s I al iv r
in ud ng a sib e ternat e 0 mee wastewater
mandate. VIEW
4. CL02MMMMISMSIMODNMERR W1
Approval of appointment of
Dr. Lesley Salinero to the Human Services Advisory Board
® Group, VIEW
5® C SIS110NER WIG-- Approval of reappointment
of Alexsandra Leto to Human Services Advisory Board. VIEW
2:30 P.M. 6. COMMISS1 )NER DIG
Discussion of proposed
amendment to Monroe County Land Development Code and/or
Comprehensive Plan to add additional protection to established
height limit by requiring a voter referendum prior to seeking an
amendment to to an increase in height, and direction to legal
staff to research the constitutionality and enforceability of a
referendum requirement. YIEW
7. Approval to appoint Josh
Board(HSAB)Working
Committee. VIEW
P. COUNTY CLERK
I Report
2. Official approval of the BOCC minutes fiom the Special BOCC
meeting held on May 11, 2010 and Regular meeting held on May
19,2010(previously distributed).
3. Approval of Warrants. VIEW
4. Approval of Tourist Development Council Expenditures for the
month of June,2010. VIEW
5. Approval to remove surplus equipment from inventory via disposal
or advertise for bid. VIEW
COUNTY ADMINISTRATOR
1. Report VIEW
2. Approval of Professional Services Agreement between Floridian
Partners, LLC under the Exception to the competitive bidding
process as se
- t out in Chapter 4B of County Purchasing Policy for
consulting services, including lobbying, for a one-year to
retroactive to July 19, 20 10 through July 18, 2011. VIEW
3. Approval of a resolution requesting that the Navy utilize the F-14
Aircraft Operation - in affect prior to the F-18 Super Homet - as
the baseline for the upcoming Environmental Impact Statement.
VIEW
R. COUNTY ATTORNEY
1. Report
2. Approval to issue a PO for 60 month lease with Xerox for a
W5665PT Copier and a Xerox MFP8560DI Multifunction Color
Phaser to replace the Xerox WCP3545. VIEW
3. Approval of an assignment to Islamorada, Village of Islands of
lease for area known as Anne's Beach. VIEW
4. Approval of Estoppel Certificate regarding the Ground Lease
between Monroe County and Overseas Redevelopment Company,
LLC and the Revised Sub-Lease Agreement between Overseas
Redevelopment Company, LLC and Flagler Village Limited
Partnership, Ltd. and Monroe County, FL for an affordable
housing project. VIEW
5. Request by Property Owner Rebecca Newman for finther
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
I. A Public Hearing to consider approval of a resolution for a
Budget Amendment of Fiscal Year 2010 Affordable Housing
Program Fund 100. VIEW
2. A public hearing to consider adoption of an Ordinance
amending See. 23-76, MCC, adding specific language
regarding"mobile business first time" for clariflention. VIEW
3. A public hearing to consider adoption of a County Ordinance
to amend sections of Chapters 19 and 25 of the Monroe
County Code to clarify prohibited uses of County rights-of-way
and provide limitations on appeals processes, additional
enforcement measures, penalties and Increased fees for
permits. VIEW
4. A public hearing providing for the repeal of Ordinance No.
011-2010 regarding registration of lobbyists. VIEW
'10
6:00 P.M. T. POLIC HEARINGS
I. Approval of a resolution to transmit to the Florida Department
of Community Affairs an amendment to Policy 101.2.6 of the
Monroe County 2010 Comprehensive Plan Future Land Use
Element to extend the moratorium of new transient residential
units until December 31,2011. VIEW
2. Approval of a resolution to transmit to the Florida Department
of Community Affairs (DCS), an amendment to the Monroe
County Year 2010 Comprehensive Plan, creating Goal 107,
Objective 107.1, and Policy 107.1.1 that establishes a Sub Area
Policy for Wisteria Island.VIEW
3. Approval of a resolution to transmit to the Florida Department
of Community Affairs (DCA), an amendment to the Monroe
County 2010 Comprehensive Plan Future Land Use Map
(FLUM), amending the FLUM designation from Undesignated
to Mixed Use Commercial(MC)for Wisteria Island. VIEW
WEDNESDAY
2010
s s
Page 5 C36 TECHNICAL SERVICES - Approval to purchase from
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 4 COUNTY ADMINISTRATOR - Discussion and action regarding
proposal submitted to Key Colony Beach for Monroe County Fire
Rescue to provide fire and emergency a icl services (EMS) to
the City of Key Colony Beach in response to their request for said
proposal.
Page 7 G2 BOARD OF GOVERNORS - Approval to spend Ad Valorem
taxes to install 7 fire hydrants at strategic locations in the areas of
unincorporatedo County and issue a PurchaseOrder to J.A.
LaRocco Enterprises, Inc for the same.
Page 8 K l G appeal of the ROGO
Allocation rankings of the Monroe County Planning Commission
for applications 07100486, 907100479, #07100485 and
0710083 in PlanningCommission Resolution 04-10 date
March 10, 2010 and approval of a resolution approving the ROGO
rankings n the appeal by the appellant, 30
Akins
l - ( Revised wording) - Approval of a lease for rental
space with eren Adlen and Dani Tobaly, dba JET LAG
., for rental space at the Key West
International .
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 back-up) -
—i ,A. .. r1f I n
^�° r,.w.,.r .,a vn k Qcvn as «°fib �• - r1 i,Y
`h h } vn_.v `�`^c Approval to issue a PO for
60 month lease with Xerox fora W5675PT Copier and a Xerox
MFP8560DI Multifunction Color Phaser to replace the Xerox
WCP3545
1
Page I I T2 PUBLIC BEARING/GROWTH MANAGEMENT — (Revised
backup - Pages 128-134 of the original package have been deleted
Pages 143-155 have been inserted into the REVISED package as
well as pages 221- 225 were added ) Approval of a resolution to
transmit to the Florida Department of Community Affairs (DCS),
an amendment tote Monroe County Year 2010 Comprehensive
Plan, creating Goal 107, Objective 107.1, and Policy 107.1.1 that
establishes a Sub Area Policy for Wisteria Island.
Page 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 aniendment
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
2
13
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 A.M. G I/G3 —Board of Governors
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
3:00 P.M. S 1/ 4 —Public Hearings
6:00 P.M. T I/T3 —Public Hearings
EXHIBIT
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. DeSantis,
Deputy Clerk; County Staff, members of the press and radio; and the general public.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Neugent and seconded by Commissioner DiGennaro
granting approval of Additions, Corrections and Deletions to the Agenda. Motion carried
unanimously.
PRESENTATION OF AWARDS
Presentation of Years of Service Award for 30 years of service to Monroe County to Lisa
Druckemiller, Senior Administrator, Technical Services Department.
Presentation of Years of Service Award for 30 years of service to Monroe County to Fred
Gartenmayer, Plumbing Foreman, Facilities Maintenance, Public Works Division.
Presentation of Years of Service Award for 20 years of service to Valerie or ,
Business Manager, Monroe County Library.
Presentation of Years of Service Award for 10 years of service to Monroe County to
Terry Thompson, Sr. Landscaper, Higgs Beach, Facilities Maintenance, Public Works Division.
Presentation of Employee Service Award for the on of April 2010 to Brian Bradley,
Coordinator, County Attorney's Office.
Presentation of Government Finance Officers Association (GFOA) award to Monroe
County's Office of Management and Budget.
Presentation of Mayor's Proclamation celebrating the week of July 18-24, 2010 as
Probation, Parole, and Community Supervision Week in Monroe County.
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Presentation of Mayor's Proclamation declaring August 14th, 2010 as International
Taoist Tai Chi Awareness Day in Monroe County.
Presentation of Mayor's Proclamation declaring November 1st to 7th, 2010 as EcoWeek
in Monroe County and the Florida Keys.
Presentation of"Outstanding Intern" award in the Office of the County Attorney to
Spenser Budde.
Presentation of Years of Service Award for 20 years of service to Monroe County to
Suzanne Hutton, County Attorney.
BULK APPROVALS
Motion was made by Commissioner DiGennaro and seconded by Commissioner Neugent
granting approval of the following items by unanimous consent:
Board granted approval for Monroe County yshore or 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
#I0V%rX-7X-1 1-54-01-719 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.
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Board granted approval to spend District 1, District 3 and District 4 Fire and Ambulance
Impact Fees to install 23 fire hydrants at strategic locations in the areas of unincorporated
Monroe County and issue a Purchase Order to J.A. LaRocco Enterprises, Inc. for the same.
Board granted approval acting as Plan Administrator of the Length of Service Award
Plan (LOSAP) to be 10-year disbursement of funds to one eligible participant, with a monthly
benefit of$180.00 commencing August 1, 2010.
Board adopted the following Resolution authorizing the transfer of a Ford Explorer,
County ID 1419-5655, from the Upper Keys Health Care Taxing District in return for payment in
the amount of$12,375.00 from Monroe County Fire and Ambulance District I funds; and
authorization for the Division Director, Monroe County Emergency Services/Fire Rescue to
execute all necessary paperwork, including but not limited to, the Monroe County Fixed Asset
Transfer Form.
RESOLUTION NO. 195-2010
Said Resolution in incorporated herein by reference.
Board adopted the following Resolutions concerning the Transfer of Funds and
Resolutions for the Receipt of Unanticipated Revenue:
Transfer of Funds (OMB Schedule Item No. 1).
RESOLUTION NO. 196-2010
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 2).
RESOLUTION ®
197-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 3).
RESOLUTION ®
198-2010
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 4).
RESOLUTION ®
199-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 5).
RESOLUTION NO. 200-2010
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 6).
RESOLUTION ®
201-2010
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 7).
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RESOLUTION NO.202-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule It No. 8).
RESOLUTION NO. 203-2010
Said Resolution is incorporated herein by reference.
Amending Resolution No. 459-2009 (OMB Schedule It No, 9)
RESOLUTION NO. 204-2010
Said Resolution is incorporated herein by reference.
Amending Resolution No. 460-2009 (OMB Schedule Item No. 10)
RESOLUTION NO. 205-2010
Said Resolution is incorporated herein by reference.
Amending Resolution No. 009-20 10 (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 Item No. 15).
RESOLUTION NO. 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 It No. 17).
RESOLUTION NO. 212-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule It No. 18).
RESOLUTION NO. 213-2010
Said Resolution is incorporated herein by reference.
Board132
adopted the following Resolution authorizing a submission of grant application
to the Florida Department of Law Enforcement for the Edward Byrne Memorial Justice
Assistance FY 211 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.
Boardto authorization for the Mayor to execute the Edward B yrne Memorial
Justice Assistance funding distribution letter with the Department of Law Enforcement for fiscal
year 201 (Oct. 1,200 through Sept. 30, 01), whereby Monroe County agrees to the
distribution of JAG program funds in the County.
Boardratified acceptance of Public Transportation Supplemental Joint Participation
Agreement Number Six with e Florida Department of Transportation for an additional
$20,000.00 for Planning Studies for the Key West and Marathon Airports.
Boardto approval to fund one half of the expense (not to exceed 5,000.00)for a
bust of George Faraldo,to be placed in the New Terminal Building at the Key West International
Airport.
Boardr to approval and authorized execution of a Lease for rental space with eren
len and Dani Tobaly, dba JET LAG ACCESSORIES, , for rental space at the Key West
International Airport.
Boardto approval to pay an invoice for Emergency Roof Repairs at the Key West
International Airport from e son Framing Contractors, Inc., required due to the replacement of
an air conditioning t located above the on -IeveI Conch Flyer Restaurant.
Boardto approval and authorized execution of Amendment to Agreement with
Stand Up for Animals, Inc. ( ) to operate the Big Pine Key and Marathon Animal Shelters
for an additional ninety ( 0) days.
Boardto approval to reject bids and re-advertise for Shade Structures for Lower
Keys Parks.
Boardgranted 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.
Boardgranted approval to reject bids and re-advertise for Playground Equipment for
Lower Keys Parks.
Boardr to 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.
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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 it Company, C.
Board granted approval and authorized execution of purchase from AT&T Quote#
321270739 "Schedule for the Purchase of Equipment and/or Services" for telephone equipment
and services to upgrade the telephone switching systems in the Marathon Government Center
and the Plantation Key Courthouse to a highly available core switch and to upgrade equipment
for other smaller sites in Marathon,
TOURIST DEVELOPM[ENT COUNCIL
Board granted approval of an Agreement with Monroe Council of the Arts Corporation,
d/b/a Florida Keys Council of the Arts to provide funding to supplement costs of tourist related
programs.
Board granted approval to utilize$500,000 TDC Emergency Contingency Funds to
address the impacts of BP oil spill.
Board granted Approval to revise TDC Operations Manual "Acceptable Event Marketing
Expense" Policy.
Board granted Approval of the 2010/2011 Monroe County Tourist Development Council
Marketing Plan.
Board granted approval of an Amendment to Agreement to revise Exhibit A with Key
West Players, Inc. covering the Stage Repair and Rigging Renovation at the Waterfront
Playhouse in an amount not to exceed$25,000, DAC I, FY 2010 Capital Resources.
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Board granted Approval of an amendment to Agreement with Upper Keys Business
Group, Inc. to revise date of event to April 23-June 12, 2010 for the Key Largo Conch Republic
Days event.
DIVISION OF GROWTH MANAGEMIENT
Board adopted the following Resolution setting the date, time and place for a public
hearing of a proposed abandonment of a portion of State Road 905/County Road 905, Harbor
Course Subdivision Section 1, Ocean Reef It 13, North Key Largo.
RESOLUTION NO. 215-2010
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution setting the date, time and place for a public
hearing of a proposed abandonment of a portion of Cabrera Street, South Creek Village
Subdivision, Key Largo.
RESOLUTION NO. 216-2010
Said Resolution is incorporated herein by reference.
Board granted approval of a request for the full refund of$1,778.00 for the road
abandonment petition fee for F. Albert Zamacona, 27285 Mariposa.Road, Ramrod Key(File No.
28097).
Board granted approval of a partial release of Lease No. 4549, a land management lease
between Monroe County and the Board of Trustees of the Internal Improvement Fund of the
State of Florida(BOT).
Board granted approval of Commencement Date Agreement asp 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 its to advertise for the reconsideration of
Administrative Relief for Triple J Investments Inc. on Lot 23, Block 3, Ocean Park Village, Key
Largo, Real Estate Number 00446010-000000.
Board granted approval of Commissioner Carruthers' its 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, 20 10 and Regular meeting held on May 19, 20 10.
P3 Board granted approval of the following Warrants: (105505 - 105608 and 552347-
5513369) General Fund (001), in the amount of$1,746,106.34; Fine & Forfeiture Fund (101),
in the amount of$3,106,363.34; Road and Bridge Fund (102), in the amount of$49,646.90;
TDC District Two Penny (115), in the amount of$232,022.9 1; 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 I 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 it Parks & Rec (147), ® the amount of$48,060.61; Plan,Build, Zoning(148), in the
amount of$142,088.37; Municipal Policing(149), in the amount of$460,985.70; 911
Enhancement Fee (150), in the amount of$88,405.30; Duck Key Security (152), in the amount
of$3,968.00; Local Housing Assistance (153), in the amount of$309,955.00; Boating
Improvement Fund (157), in the amount of$64,644.26; Misc. Special Revenue Fund (158), in
the amount of$89,616.54; Environmental Restoration (160), in the amount of$10,540.60;
Drug Abuse Trust(164), in the amount of$3,820.59; Building Fund (180), in the amount of
$15,022.56; 1 Cent Infra Surtax(304), in the amount of$867.96; Infr Sis Srtx Rev Bds2007
(308), in the amount of$5,113.63; Duck Key Wastewater(311), in the amount of$252,843.64;
Card Sound Bridge (401), in the amount of$4,396.00; Marathon Airport(403), in the amount
of$19,335.93; Key West Intl. Airport (404), in the amount of$502,823.38; KW AIP Series
2006 Bonds (405), in the amount of$216,745.59; PFC & Oper Restrictions (406), in the
amount of$61,035.80; MSD Solid Waste (414), in the amount of$1,684,377.91; Worker's
Compensation (501), in the amount of$16,197.77; Group Insurance Fund (502), in the
amount of$244,012.72; Risk Management Fund (503), in the amount of$152,664.29; Fleet
Management Fund (504), in the amount of$98,921.19; Fire&EMS LOSAP Trust Fund
(610), in the amount of$1,635.00.
P4 Board granted approval of TDC expenditures for the on 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,
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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 1 BOARD OF GOVERNORS
FIRE & AMBULANCE DISTRICT 1
BOARD OF GOVERNORS
The Board of Governors for the Fire and Ambulance District I convened. Present and
answering to roll call were Commissioner Heather Carruthers, Mayor Sylvia Murphy,
Commissioner Kim Wigington, and City of Layton Councilman Clark Snow. City of Layton
Mayor Norman Anderson was absent.
James Callahan, Fire Chief discussed the matter. Motion was made by Councilman
Snow and seconded by Commissioner Carruthers to adopt the following Resolution of the Board
of Governors, Fire and Ambulance District I of Monroe County, Florida authorizing payment of
$12,375.00 to the per Keys Health Care Taxing District in return for use and possession of a
Ford Explorer, County ID 1419-5655; and authorization for the Division Director, Monroe
137
County Emergency Services/Fire Rescue to execute all necessary paperwork, including but not
limited to, the Monroe County Fixed Asset Transfer Form. Motion carried unanimously,
RESOLUTION NO. 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 ADMINISTRATOR
The Board discussed action regarding the 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. James Callahan, Fire Chief
discussed the matter. The following individuals addressed the Board: Key Colony Beach
Commissioners Mary Schmidt and Jo eNeale. After discussion, motion was made by
Commissioner DiGennaro and seconded by Commissioner Neugent granting approval of the
item. Roll call vote was unanimous.
Commissioner DiGennaro excused himself from the meeting.
MISCELLANEOUS BULK APPROVALS
The Board discussed the approval to renew the Airport Liability Insurance with Ace
Property Casualty Insurance Company through Arthur J. Gallagher. Teresa Aguiar, Employee
Services Director discussed the matter. After discussion, motion was made by Commissioner
Neu et and seconded by Commissioner Wigington granting approval of the.item. Motion
carried unanimously.
Commissioner DiGennaro returned to the meeting and took his seat.
The Board discussed awarding bid and executing a Contract with Jayne's Cleaning
Service for janitorial services at the Key West International Airport, and approval for Jayne's
Cleaning Service to commence services beginning August 1, 2010. Peter Horton, Airport
Director discussed the matter. After discussion, motion was made by Commissioner Carruthers
and seconded by Commissioner Wigington granting approval of the item. Motion carried
unanimously.
The Board discussed approval of a revision to the Health Insurance Plan Document as
proposed by the Health Benefits Volunteer and Recommendations Team to become effective
August 1, 20 10. Said document is incorporated herein by reference. The following individual
138
addressed the Board: Louis LaTorre. Teresa Aguiar, Employee Services Director and Roman
Gastesi, County Administrator discussed the matter. After discussion, motion was made by
Commissioner DiGennaro and seconded by Cornmissioner Neugent granting approval of the
item. Motion carried unanimously.
PROJECT MANAGEMDENT
Jerry Barnett, Director -Project Management introduced William P. Horn, Architect P.A.
who made a presentation on the status and design of the is each Park Master Plan. The
following individuals addressed the Board: Key West City Cornmissioner Teri Johnston,
representing the City of Key West and Michael Behmke, Chairperson-Friends of Higgs each.
No official action was taken.
NUSCELLANEOUS BULK APPROVALS
The Board discussed Task Order PW-MAC-001 with MACT Engineering and
Consulting, Inc. for providing facility asset management products and services to assist Public
Works with implementation of an engineering-based, IT-enable facility management program.
Dent Pierce, Public Works Director and Bob Stone, Facilities Maintenance Director- Middle
Keys discussed the matter. After discussion, motion was made by Commissioner Carruthers and
seconded by Commissioner Wigington granting approval of the item. Motion carried
unanimously.
The Board discussed the award bid to Hammerhead Termite Control for fumigation
services at the Monroe County Courthouse, Key West,Florida. Dent Pierce, Public Works
Director discussed the matter. After discussion, motion was made by Cornmissioner 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 King, Facilities Maintenance Senior Director- Lower Keys and Suzanne
Hutton, County Attorney discussed the matter. After discussion, motion was made by
Cornmissioner DiGennaro and seconded by Commissioner Neugent to re-bid the item. Roll call
vote was taken with the following results:
Commissioner Carruthers No
Commissioner DiGennaro Yes
Corrunissioner Neugent Yes
Commissioner Wigington Na
Mayor Murphy Yes
Motion carried. Motion was made by Corrunissioner Carruthers and seconded by Commissioner
Wigington extending the current contract with Weathertrol on a month-to-month basis. Motion
carried unanimously.
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Motion was made by Commissioner DiGennaro and seconded by Commissioner Neugent
granting approval of the following two(2) items:
Resolution to adopt tentative residential solid waste collection, disposal, and recycling
rates for Fiscal Year 2010/11.
RESOLUTION NO. 218-2010
Said Resolution is incorporated herein by reference.
Resolution to adopt tentative solid waste collection, disposal, and recycling rates for
commercial waste generators for Fiscal Year 20 10/11.
RESOLUTION NO. 219-2010
Said Resolution is incorporated herein by reference.
Motion carried unanimously.
STAFF REPORTS
Project Management- Jerry Barnett, Director reported to the Board on the status of the
Stock Island Fire Station and the transition plan for the Americans Disability Act (ADA).
Public Works - Dent Pierce, Director reported to the Board concerning the lack of debris
staging sites in the County.
COMMISSIONERS' ITEMS
The Board discussed Commissioner Carruthers' item regarding the tolling of US I 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. Ro astesi, County Administrator
and Suzanne Hutton, County Attorney discussed the matter. The following individual addressed
the Board: Jackie Harder.
COUNTY ADMINISTRATOR
Roman Gastesi, County Administrator referred the Board to the written County
Divisions' Monthly Activity Report for June, 2010.
COUNTY ATTORNEY
Suzanne Hutton, County Attorney updated the Board on the following matters: An
Opinion was received from the 3rd District Court of Appeals concerning the Carter case where
140
the County was successful; Invoices were sent to municipalities who pledged to pay for the
windstorm insurance challenge; Ms. Hutton requested direction from the Board to consider
outside counsel as her office has concluded that if there is more than a minimal amount of claim
against British Petroleum which needs to be made, the County Attorney's Office probably is not
in a position to litigate with BP. Mr. Gastesi indicated that representatives from BP would be
meeting with the County and all of the municipalities concerning reimbursement.
The Board discussed an Estoppel Certificate regarding the Ground Lease
between Monroe County and Overseas Redevelopment Company, LLC and the Revised Sub-
Lease Agreement between Overseas Redevelopment Company, LLC and Flagler Village Limited
Partnership, Ltd. and Monroe County, FL for an affordable housing project. Suzanne Hutton,
County Attorney discussed the matter. After discussion, motion was made by Commissioner
Carruthers and seconded by Commissioner DiGennaro granting approval and authorizing
execution of the Estoppel Certificate. Motion carried unanimously.
WASTEWATER ISSUES
Liz Wood, Sr. Administrator Wastewater Projects referred the Board to the written
Engineering Division Wastewater Projects, June 2010 Status Report- dated July 21, 2010. Ms.
Wood also provided an update to an amendment to the Interlocal Agreement for the construction
of the collection system portion for the Duck Key Regional Wastewater System scheduled to be
brought before the BOCC at the August meeting.
The Board discussed approval of a Third Amendment to the June 21, 2006 Interlocal
Agreement (ILA) with the Florida Keys Aqueduct Authority(FKAA) for the Big Coppitt
Regional Wastewater System revising the County Funding portion to $37,000,000 and
immediately appropriating those ftmds 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:
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Agenda its 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 its 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.
COMMSSIONERS' ITEW
The Board discussed Commissioner DiGennaro's item for a proposed amendment to
Monroe County Land Development Code and/or Comprehensive Plan to add additional
protection to established height limit by requiring a voter referendum prior to seeking an
amendment to allow an increase in height, and direction to legal staff to research the
constitutionality and enforceability of a referendum requirement. The following individual
addressed the Board: John November, representing Citizens Not Serfs. Christine Hurley and
Suzanne Hutton, County Attorney discussed the matter. The item was referred to the Growth
Management Director.
COUNTY ADMIMSTRATOR
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 BEARINGS
1q,
142
A Public Hearing was held to consider adoption of a Resolution fora Budget Amendment
of Fiscal Year 20 10 Affordable Housing Program Fund 100. There was no public input. Motion
was made by Commissioner Neugent and seconded by Mayor Murphy to adopt the following
Resolution. Motion carried unanimously.
RESOLUTION NO.222-2010
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of an Ordinance amending Section 23-
76, MCC, adding specific language regarding"mobile business first time" for clarification.
There was no public input. Motion was made by Commissioner Neugent and seconded by
Commissioner DiGennaro granting approval of Staff Recornmendation 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 Cornmissioner
Neugent and seconded by Commissioner DiGennaro to continue the item to the August 18, 2010
Board of County Commissioner's meeting in Key Largo at 3:00 P.M. Motion carried
unanimously.
A Public Hearing was held to provide for the repeal of Ordinance No. 0 11-20 10
regarding registration of lobbyists, The Board accepted public input with the following
individuals addressing the Board: John November, representing Citizens Not Serfs; Ron Miller
and Russell Yagel. After discussion, motion was made by Cornmissioner Carruthers and
seconded by Commissioner Neugent to table the item to the August 18, 20 10 meeting. Motion
carried unanimously.
COUNTY ATTORNEY
The Board discussed a request by Property Owner Rebecca Newman for further reduction
of fines in Code Enforcement Case CE09080129. The fines total $42,700.00. Costs total
$325.74. Attorney Lee Rohe, representing Rebecca Newman, addressed the Board. Lisa
Grainger, Assistant County Attorney discussed the matter. Rebecca Newman Braden, Property
Owner also addressed the Board. After discussion, motion was made by Cornmissioner
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 Community Affairs an amendment to Policy 10 1.2.6 of the Monroe County 2010
Comprehensive Plan Future Land Use Element to extend the moratorium of new transient
residential its 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 ®
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
EX JBIT
MEMORA"UM
MONROE COUNTY F%-ANMNG&ENVIRONmENTAL RnouRcEs DEpARnaNT
We strive to be caring,professional andfair
To: Planning Commission
From: Tiffany Stanldewicz,Development Administrawz
Through: Townsley Schwab,Sr.Director of Planning&Enviromnental Resources -r>p
Date: September 27,2010
Subject: Residential Dwelling Unit Evaluation Report for Big PineJNo Name Key Subm=
Applicants 3 through 44 for Quarter 4,Year 18
Meeting Date: September 8, 2010 continued to September 22, 2010; continued to
Ocober 6,2010
1 This report has been prepared pursuant to Section 138-26 of the Land Development Regulations
2 (LDRs). The proposed residential dwelling unit rankings (Big PineJNo Name Key Subarea) for
3 applicants three (3) through forty-four (44) attached to this report are for the fourth quarter of
4 year eighteen which covers the period April 13,2010,through July 12,2010.
5
6 &AdCEggQCW ffFoRmA TiQ v.-
7
8 The public hearing for the Big PineJNo Name Keys Subarea ROGO allocation and ranldng
9 determination was continued by the Planning Commission from September 8, 2010, to let BW*s
10 Prevatt 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 AKINS APPLICATIONS
15
16 On March 30, 2010, the applicant, John K. Akins, filed an appeal to the Board of County
17 Commissioners about the reduction of ROGO points -and the rankings approved by the
18 Planning Commis.sion March 10, 2010 under Resolution 04-10 which affected his fbur
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, AMmals states that an appeal from the decision of the
25 Planning Commission on a ROGO allocation shall be made to the Board of County
el of
Commissioners ` 20 days of the Planning Commission's decision. The filing of an
appeal doesnot stay either the actionof the PlanningCommission or the action of the
Planningor. This appeal of the approved ` by the Planning
Commission o h 10, 2010 was filed in a timelyHowever, e actual point
reductions d ranking changes occurred in June 10, 2009 by Planning Commission
Resolution 3-0 . The Code does not specify that the appeal must follow after any specific
quarterlyranking.
Originally staff was prepared to schedule appeal at the June 2010 Board of County
10 Commissioners However, or a deadline, a
11 the matter be heard at theJuly 1, 10, Board meeting whichr t was granted. July
12 20, 2010, Lee Rohe, Esquire, t e appeal be deferred before
3 the Board of CountyCommissioners. a applicants decided to defer e appeal in order to
14 first present their objections a Planning Commissionapplicants y offer
15 testimony about their application at any public hearing concerningy quarter(Mr.
16 Rohe o longer r ).
1
18 Since the scoring correction, the PlanningCommission v 5
19 quarterly rankings reflecting the scoring corrections. applicant nor authorized
agent20 where present at these public hearings. The last approved quarterly rankings regarding
21 l applicants for Big Pine/No Name Key subareaon June 9, 010.
22
3 B.
24
25 Applications Locations:
26
27 1) Building Permit Application&ROGO Application: #07100486
28 Legal Description: 1 and 22,Block 1,Doctors Arm Subdivision, i y,
Monroe29 o , Florida
Estate30 Real 3100. 0 00
1
32 ) Building Permit Application&ROGO Application: #07100479
33 Legal Description: Lot 23 and SLY 26 ft Lot 24, Block 1, Doctors Arm Subdivision,
34 Bigy,Monroe County,Florida
35 Real Estate Number: 003 1 40.000
36
37 3) Building Permit Application&ROGO Application: #07100485
38 Legal Description: Lot 27 and NLY 5 1 ft Lot 26,Block 1, Doctors Arm Subdivision,
39 i Pine-Key,Monroe County,Florida
40 Real Estate Number: 00310 .000000
1
Permit Application&ROGO Application: 710 3
43 Legal Description: Lot 25 and SLY17 ft Lot 26, Block 1, Doctors Subdivision,
44 i y, a County,
45 Real Estate : 00310260.00OWO
46
Page 2 of 8
Owner: John K. Akins,John W. and Glenda Akins
Agent: Banks Prevatt
4 Land Use District: Commercial FishingSpecial is °ct( S )
Futurea (FL UM)Designation: Mixed UsetCommercialFishing C
S i Key/No Name Key
Tier Desi OttTier 2
f
�2as�c�32sK�:
Subject (budked in blue)(2 )
10 White line shows separadou of the AE Flood Zone and VE Flood Zone
1209703nK Is the Flood Insurance Rate Map Number
13 C. RELEVANT PRIOR CACTIONS:
1
15 The chart below shows a chronology of application submittal dates (Building t
16 Applications to ROGO Applications), description of flood zone information provided on
17 Building Application Plan submittals, survey submittals showing flood e information,
18 approximate date of scoring or discovery, scoring error notification to applicants' address
19 of record, l Commission olutio indicating scoring error corrections.
20
tlon L0710048607100405 1071 433 07100479
Real Estate o. 00310220.000000 003102SQ.00000000310260.000000 10
Building Application Jan,31,2007 Jan.31,2007 Jan,31,2 Jan.31,2007
Date
As submitted by the Pre Tier System minus Pre Tier System minus Pre Tier System minus Pre Tie°SYStMn Mknus
applicants the 1 for AE Flood Zone 6 for VE flood zone 6 for VE flood zone 6 far VE f!ood zone
Building s
indicated flood zone
n ieta
Survey from Surmy indicated Entire property in VE Entize is VE Entire property in VE
Lawrence P. Frank majority of propaty in zone zonc zone.
dated Dec. 4, 2006 AE Zone and a small
Indicated 'on in the VE flood
Pfte3of`8
flood zone. zone (survey error
discovered in 2009
proposed residence in
the VEZone).
Building Department Reviewed for A.E Zone Reviewed far VE zone Reviewed for VE zone Reviewed for VE zone
reviewed plane for construction. construction construction construction
AFNE Zone
construction.
Building Department May 30,2007 June 6,2007 June 6,2007 June 6,2007
forwarded
application to
Planning to contact
applicant to enter
OCO.
]Date ROGO June 12,2007 June 12,2007 June 12,2007 June 12,2007
Application
submitted
Initial scaring of ROGO Application ROGO Application R Application ROGO Application
ROGO Application scored as if in AE scored as if in AE scored as if in AE gyred as if in A.E
for Quarter that Zone (as indicated by Zone(scored in ) Zone(scored in error) Zone(scored in error)
closed Juhf M7. surveyor)
Scoring Error Early April 2009,post Early April 2009, post Early April 2009,past Early April 2009, past
discovered Tier System should 71er System should Tier System should Tier System should
have indicated 4 have indicated 4 have indicated 4 have inch -4
into ints points iris
]Date certified letter April 27,2009 April 27,2009 April 27,2009 April 27,2009
sent regarding
error
Date return recelpt May 15,2009 May 15,2009 May 15,2009 May 15,2009
was s 1ped
ROGO Rankings Planning Commission Planning Commission Planning Commission Planning Commission
Quarter 3 Yr 17 Approved Resolution Approved Pesolution Approved Resolution Approved Resolution
Indicated scoring P23-09,June 10,2009 P23-09,June 10,2009 P23-09,June 10,2009 P23-09,June 10,2009
correction
ROGO Rankings Planning Commission Planning Commission Planning Commission PI 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
scorinm correction
ROGO Rankings Planning Commission Planning Commission Planning Commission Planning Commission
Quarter 1 Yr 18 Approved Resolution Approved Resolution Approved Resolution Approved Resolution
continued witb P55-09,Dec. 15,2009 P55-09,Dec. 15,2009 P55-09,Dec. 15,2009 P55-09,Dec. 15,2009
correct oints
ROGO Rankings Planning Commission Planning Commission Planning Commission Planning Commission
Quarter 2 Yr 18 Approved Resolution Approved Resolution Approved Resolution Approved Resolution
continued wlth PO4-10, March 10, PO4-10, March 10, PO4-10, March 10, PO4-10, March 10,
correct lnts 2010 2010 2010 2010
ROGO Rankings Planning Commission Planning Commission Planning Commission Planning Commission
Quarter 3 Yr 18 Approved Resolution Approved Resolution Approved Resolution Approved Resolution
continued with P 10-10,June 9,2010 P 10-10,June 9,2010 P 10-10,June 9,2010 P 10-10,June 9,2010
correct oints
Rankings -Planning Commission Planning Commission Planning Comrrrission Planning Commission
Quarter 4 Yr 18 continued the review continued the review continued the review continued the review
continued with of Big Pine/No Name of Big Pine/No Name of Big Pine/No Name of Big Pine/No Name
correct paints Key Subarea to Key Sub&= to Key Subarea to Key Subam to
September 22, 2010. 1 September 22, 2010. September 22, 2010. September 22, 2010.
Resolution 24-10 Resolution 24-10 Resolution 24-10 Resolution 24-10
approved allocations approved allocations approved allocations approved allocations
for applicants 1-2 and for applicants 1-2 and for applicants 1-2 and for applicants 1-2 and
continued applications continued applications continued applications continued applications
3 - 44 to October 6, 3 - 44 to October 6, 3 - 44 to October 6, 3 - 44 to October 6,
2010. 2010. 2010. 2010.
Page 4 of B
li
1
2 The above chart shows the pertinent information the initial of the four
applications to the Building Department. Three applications contained informationn the
buildingshowing the propertieslocated in the VE flood zone, while
building5 set of showed the property locatedthe AE Flood
6 Zone. When a Applicants subsequently enteredJune 2007, staff incorrectly
scored the applicationsout a VE floodzone deduction of fourt to tier
ordinance teri& Ile errors were discovered when staff researched the applications
9 on information applicant, r v t regarding point
deductions10 or the VE flood zone. One of the fouri r based on
I I an incorrect survey, which was discovered
12 Map (see map in the Section B above which shows the property boundaries and VE and AE
13 Flood Zone line).
1
15 On April 7, 2009, the Applicantst a certified letter to the address of record
16 regarding the scoring error. A signedt dated May 15, 2009 was returned to
Subsequently,17 the Planning Department. scoring corrections for these applications
18 identified on the approvedrankings, which are availablei l t
19 and on the County web site. From the informatione
maintained20 adjusted and t five quarterly Planning Commission
21 did not appear before the Planning Commission.
REVIEW22
24
25 Mr. Akins is questioning the reduction of the ROGO points on the fourapplications
26 above. However, the actual VE flood zone point change occurred when the Planning
27 Commission v June 1 ,2009(see Resolution - ).
28
29 In April of 2009 the Planningnv' tDirector reviewed the
30 documentation (files, flood zone maps, surveys, plans, c.) to determine if a scoring error
31 occurred by staff regarding the flood zone points. After the review, for determined
32 at scoring errors occurred on the fourapplications. re, the applicants were sent
(Certified33 certified letter 1 0488 11 ) dated April 27,
34 2009 regarding the floodscoring error, which was signed for on May 15, 2009. The
notified35 applicants were r was discovered.
Department36
37 The was compelled to correct the error, 'in order to preserve the rights of other
38 applicants in tb&ROGO ranking& The rankings of the applicants' moved
39 approximately 18 places. The rankings prior to the corrections showed
40 ranked 22, 23, 24, & 25 and the next rankings with the corrections showed them at
1, s
42
revatt came intothe Planning Department in v , requesting
44 information out these properties, whichagent on the ROGO
45 applications. He later asked or information
March46 provided. On 1 , ,agent authorization was submitted.
Page S of a
2 The properties are located in the Big Pine/No Name Key ROCYO 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 Comniission 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, 20 10 the Planning Commission reviewed and approved another
8 quarterly ranldng on Big Pine/No Name Key Subarea, which reflected the applicants V zone
9 scoring.
10
I I It should he not that these applications will be eligible for Administrative Relief after the
12 quartff closure of July 2011. From the closure of the 16'b 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 LOUR. The applicants may contact Diane
20 Bair, Special Projects/Floodplain Administrator for additional information regarding this
21 process.
22
23 As an aside, the applicants should contact the Surveyor regarding the need for a corrected
24 survey and also, should contact the Monroe County Building Department regarding any
25 building plan corrections that may be required for the property identified with real estate
26 number 00310220.000000.
27
28 Staff concludes the scoring was correctly adjusted to reflect the VE flood point deduction.
29 However, if new evidence is submitted to show the properties are in the AE flood zone and
30 no portion of the structure is located in the VE flood zone, then the points could he positively
31 adjusted accordingly.
32
33
34
35 Monroe County Code Section 138-26 (c)(3): The is for any planning commission changes in
36 the scoring or ranking of market rate applications shall be specified in the fornt of a motion to
37 adopt the allocation rankings and may include the following:
38
39 a. An error in the designation of the applicable Subarea.
40 b. A mistake in the calculation of dedicated or aggregated lotsAand.
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 unendment of the tier map,
Any other administrative error or omission that may cause the
46 application to be incorrectly scored.
Page 6 of 8
i
1
reviewof the Akins applicationsshowed a scoring error was made by staff. Subsequently,
corrected3 staff scoring to maintain the integrity of the ROGO scoring system. e code
allows the Planning Commission to adjust a score if the change is to correctly adjust the score,
5 The applicants' stherefore, e scores cannot be adjusted to reflect
6 incorrect information or an inaccuracy inapplications or errors by staff to raiseapplicant's
scoret the expense of others in the ROGO competition. It is the Planning Commissions
obligation to correct an error or an omission that may cause an incorrect score.
1
Pursuant11
to Section 138-24 the numberallocations v °1 l is 197.
1
14 B. Section 13 - 4(c) allows any unused portionof affordableo o do
ns to be
15 retained and rolledover the next dwelling unit allocation
16
17 C. Section 13 - a)O allows the Planning Commission to amend the affordable housing
18 proportions during any ROGO quarter.
1
Section13 - 7O limits administrativelief allocations per quarter. of
21 allocations tt may be awarded under administrative relief in y Subarea quarter shall
22 be o more than fifty percent(5 %)of the total available market rato allocations.
3
24 E. Section 13 - a ) limits of allocationTier I. The annual
25 number of allocationawards in TierI shall be limited to no more than three ( ) i
n the
26 Upper Keys and no more (3) in e Lower Keys. Big ` e Key is
27 limited tot (1 ) allocations over 'c is lower,
Below28
29 is a table tracking the Tier 1 allocations by quarter/year.
3
Key(Lslim7d—) Permit Number •er c
Subarea e:Nisa 27, (Ordinance 029-
Big Pine 0I02303 AdnL Relief 2 I6
s ' 97I013I I I7
1
MonroeCounty Coe Section 13 - (f) Expiration of allocationt as
33 provided for in i ` ' allocation award 1 expire when its corresponding
34 building pert is not picked up after sixty ( ) days of notification by certified mail of
35 the award or, after issuance of the buildingit.
36
Monroe County Section 138-24 allowsa total of 8 market rate allocations per year for the
i o Name Key Subarea.
Monroe Coe Section 13 - 6 allows tile adjustment of residential
41 allocationst the end of each quarterly allocation period of additions or subtractions
42 e basic allocation available by Subarea suche number of dwellingt allocation
13 awards t expired priorthe issuance of a correspondingbuilding it.
Page 7 of 8
4 The evaluation of the allocation applications was performed by the PLuning & 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 finther
10 ranked based on the applicants with the fewesto 'v munber of points on the same day.
I I Please note that any excess allocations approved must be deducted from the next quarterly
12 allocation period pursuant to Monroe County Code Section 138-26(e).
13
16 Staff recommends the Planning Conunission approve the Market Rate rankings to applicants
17 ranked 3 through 44 for Quarter 4 Year 18. Applicants ranked I through 2 were previously
18 approved by the Planning Commission Resolution 24-10 on September 22, 2010.
19
20
Page 8 of a
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CountY of Monroe
GrOwth Management Division
U&admP I NwPhy.Dht a
P e 8
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John Akins
107 ® t TaTm
Dear Mr.Akins:
no proposed O
B development f me applications is locaWd in the
flood zone. 7hmvfiwc, each anlication hu bm given
the-4 POW ass'gument for being located iO the 8 !
If you have any questi
'am contact we at 3 05-299-2513.
Stankiewicz
Sr.Planning Tech.
® Schwab, S
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EMUMMAMM
RBSMEN71AL DWELIMG UNIT ALLOCATION
14, 5 AND
ENDING APRIL
t i f 5 PURSUANT To &ECrMN
VMREAS.the Sr.Director of Plaming&Envizotanantal Resources submitted to
the Planomg Commission a Residential Dwelling Unit Allocation Evahmon Report dftd
June
! ,Section pursuant to am procodmvs outlined in Momae County code, Amcnded.
i
and
meeting held on lung ! `
q' formal motions reprdmg the Dwelling Unit`
71M memorandum entitled Residential Dwelling Unit Evaluation Repo", Quarter 3 of
® You 17,
RWOMT"
! to the Monroe County M=mA9 COUMHOM6 dated Am ! i
which rqxwes findiags of fact and conclusions of law this Commission adoptg by
and
Planning2. ThD Sworn testimony by the Monroe County Growffi Nfjm8Vmv=Dlvumon daM md
WEUMRAS,the Planning Commission makes&a following Findings of Fat
I. Band upon ft written testimony of Townday Schwak Sr. Director of Environmental Resowoe% the Planning Commission hereby approves tbg
recoramendation by the Sr. ®
rector of
to Want
Allocation Raffings in Ow Lower (Lowadhfiddle) Krys subarea for MN*A Rate
Dwelling Units to applicame ranked i q and
Resolution P23-09 Page i of 3
2. used Upon the written testimony of Townley Schwab, Sr. Diredw of Manning&
Allocation Ranimp 111*0 ft fiftWo Nam Key subarea,for MWIM Rate,Dwelling
® Sr.
Director of planning&
recommuAttlon.by the Sr. Diredw of Planning& Environmental Resources to SMW
applicants m*W one(1)tbrough fiftm(l
testimony
Rate Dwelling Units to applicants muked one(1) ;ad
5, Based upon the written testimony of Tovmdey Schwab, Sr. Director of PWming&
low,&median income CaIWVrY for zero (0)Allocation Rankings for the Lower wW Upper Keya subsm in the very low,
® Sr.
recommendation by the Sr Duvotor of Planning& Environmental R===to SmW
zero (0) Allocation RankhW for the Lower and Upper Xeys subarea in the moder"
Dh=Wr of planning&
..
Band upon dw wrften Wsthamy of Townaley Schwab, Sr. Diredw of planning&
EwAronmental Resources, am Planning Commission havby approvee die
me (0)Allocation Rankings for tk Big Pi=No Name Keys subam in tha very low,
low,&MOD(lilin illoome category&r Aff=Mle Housing Dwelling Units;and
8. Based upon the wdtten testimony of Townslay Schwab, Sr. DhCCW of Planning&
recommendation y the Sr. Director of P
(
imme category for Affordable Housing Dweft Und%and
"�
EmvirommW Resources.
PASSED AND ADOFM by the Pimmug Commission of Monroe County,
PAM*et Rau
Rankings for Quarter 3 Year 17 and as SWXmitled by the Sr. Director of Pknning &
ComwimlonerHale
comndjawwr wan im
CbmmLwlomrLwtberg
Planning of
Mollroc
By—
Chaimn
Signed this I Oth day of Jima 2009
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RMLEMORAM
A RESOLUTION By THE MONROE COUNTY
PLANNING COhWSSION APPROVING THE
RESIDENTIAL DWELLING UNIT ALLOCATION
QUARTER BEGINNING APRIL 14,2009,AND ENDING
JULY 1 ,
THE MONROE COUNTY CODE
WHEREAS,the r.Director Dwelling
the Planning Commission a
dential
August 26, s
Section - ;and
tueeting hold an September 2,
' conducted a public , disovsk and
Allocation
mAe fmW motions regarding the Dwelling Unit
VABFJUUS,the Planning Commission was presented with the following aWdence:
I- Ile memonwd= antitled RAidential Dwelling Unit Evaluation Report, Quarter 4 of
You 1 ,
Resources, to dw Moms County Planning Commission, dated August
and
which repores ffadinga of bet and conclusions of law this Commission adopts by
1 • •
refarcnce6 as
and
comments ofJobn 1 staff,
Running Sr.
s
EnvironmeaW Resources, do Planning Coramission hereby approves &a
Sr. Director of Planniq &
Units to applicants ranked one(1)drough two (2);and
3. Band upon the Written testimony of Townsley Schwab, Sr. Dh*Aor of Planning &
Allocation Rankings in the Upper Keys subs= fiar Ukrimg Rate Dwdb* Units to
Based upon ft written testimony ofPlanning ,
recommendation by do .'
t
Rate DwdHn8 Units to applicants ranked one(1)drougb ton(I s
and
5. Band upon ft Writted testimony of Townsicy Sch:wab� Sr. DhOCtDr of Planning&
Environmental Rommroas, ft Planning Commisdon hereby approve die
recommendation by dw
zero (0)Allocation Rankings ft ft Lower and Upper KAys® in the r
law, median mcome category for Affordable
® BMW Won &0 written testimony of Townsley Schwab, `
recommendation by the Sr. Dirwtor of Planning &Enviromnental Resources to Vv&
zero (0)Allocation Rankings for the Lower and Upper Keys subam In ft moderate
income category for Affordable Housing Dweftg Units;and
Environmental RM01HU94 &0 Planning Cozarnission hereby approve the
recommendation by the
zero(0)Allocation Rankings for ft Big PhIdNo Nam KAys Eftren in gm very® Director of Planning &Envirenmental Resource to
gmnt
low,&median income category for Affordable Housing Dwelling Un*and
S. BONA upon 1he wAtten testimony of Townsley Schwab, Sr. Director of Plamning &
Units;Ew4konmental Roomraw, the Planning Commission hereby approve dw
recommendiWon by the Sr. Director of Planning &Ez1virmmental Resources to VVM
zero(0)Allocation Rankings for the Big PhWNo Name xop 311bates.in ffia modeaft
Income category for Affordable Housing DwWIW
Now T=RzFoRz BE IT RssoLvED By PLANNING COMmISSION 01
MONROE COUNTY, FLORIDA,that the preceding Findings of Fad and Conchnicsons
of L4,Lw, mppcd the decision to AppRovE the Residential Dwelling Unit AUOc&dcm
Rauldngs ibr Quarter 4 Yea 17 and as submitted by the Sr. Director of PlKming
Environmental Resources.
PASSED AND ADOMD by the PlannIng Conumssion of Mome COuntY,
I:qolida,at a regular meeting held on the 2nd day of September 2009.
Market Rate Upper(Ma RdWb
Lower affma XAys Big PhugNo Nam KeP UPPer KWO
M&M Z&M M&M
Chairmn Wall 30 yK
Commissioner Werling 3=
Commissioner Hak 3W
commissioner Cameron ya yK
COMInissioner Luxtberg 30
Affordable Housing
Lower ammg) &Upper Keys Big PindWo Num Keys
2AWM Ebm
Chairman Wall ya 30
Commissioner Werfing 30 30
comm&jjoner Hak 30
Commission Cameron 30
Comaidnioner Lustberg 30
Planning Of
Flori
B
Signed this 2nd day of Septeniber 2009
CY
Resolution P42-09 Page 3 of 3
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PLANNING COMMISSION APPROVING AND
HOLDING SOME ALLOCA71ONS IN ABEYANCE FOR
THE RESMENTIAL DWELLING UNIT ALLOCA770M
QUARTER BEGINNING My
s20096
AND ENDING
ALL OTHER APPLICANTS
ROLLOVER 70 THS NEXT REGULAR QUARTERLY
EVALUATION PURSUANT TO SBC17ON M26 OF
THE MONROE COUNTY CODE
WF=ZAS$the Sr
Dh=W Of Pl=ft&Environments!Resources submitted to
• o
Decandw & 2W9. Pursuant 10 the procedures outlined In M== County
Code.
Amended.Sectionq and
VVEW28AS, the M0n= C0432ty Planning Commission during a regular pubhe
sconducted a public
... . fat;to review, discuss, and
make fmmW motim zvgwdhV�the Dwelling Unit AHocadon Ranking ®
WEIEREAS,the Planning Cauninion was presenftd.with the following evideam
yew
and
Resources.to the Monroe County Planning Commission,dated December
S. f
Commission and
which vapmes flndmgB of bd and conclusions of low dds
s
as 119 own;and
The swwn testimony by die Moaroc County Growth Management Division
® s
WMREAScoommis of John Wolfe,Eupirs;end
die Planning Commuon mdm the followliq Findings of pact:
® Bs"d UPOn the written testimony of Townsley Schwab. St Director of Planning &
Schwab.Envtominental Resources. the Planning Commission hereby qpoves dw
recoinmendadon by ft Sr. Director of Planning&Environmental Resources to S=
Albmtiw Rw&inp in the Lower aAww'Middle) Keys subarea for Uffita Rate
recommendation by the Sr. Director of Plaming& EnvkmmcnW Ream=to grant
Aflocadon Rankings in the Big PfnWNo Nam Key subam for Madw Rue® twoUnits to
® r 3 Dwelling
• i
I t� I of 3
• Based upon the WdM testimony of Tow=ley
SavironmeaW Resources, the FIGIMing Commission, hereby appxn= the
Allocation Rankings in the, Upper Keys subared, for Me" Rot Dwelling Units to
applicants ranked on* X ( :and
4. BMW WOU, the written testimmy of Townsley Schwab, Sr. Director of Planing
recommuAitim by the Sr. Director Of Planing:&Euviramnesed Resources to hold
Upper Kays Market Rate Dwelling Units affocalona In obeyan=for WHCAW=Wmd
seven(7)through Im( (12),shm the properties do not have dw
4081goAdozis at ft time, Once tler dedpations an finalited, staff will bring ft
ranking or insufficient MokiNg ft a allocation nod for these or other applicants;
WA
I Based upon *0 wriKen testimay of Townslay Sc1hwab. Sr. Director of Planning&
recommendation by the Sr. Direcow of planning&BOAMUnental Resources to grant
Allocedw Rankings In the Upper KM (Administrative Relief) Subarea. fm Maka
Rift Dwelling Units to appffcaM rnked one( ;ad
6. Band upon the written Madmany of Townsley Schw* -Sr Director of Planning
Envirwroental Resources, the, Planning COMmissiM hereby approi= the
. since
designation Is finaliZ4 staff will bring the allocaum hock to the Planning
Commission for a recommandation of either a wMiclent ranking or Insuffidal ranking
for asj
ocation award.
• Schwab, St.
recommendatim by die Sr. Director of Planing:&Environmental Resam= w Went
zew Director of Pinning&Allocation Rankings for tbe Lower and Upper"subarea m the very low,
low®&median Income category fbr Mbrdable Housing Dwelling Unim;and
Allocationrecommesniation by the Sr. Director of Planning &FAwkOnmental Resources to pw
Income category for Affordable Hming Dwelling Units;and
9 Baud Won. the written testimony of Townsley Schwab, Sr Dbacwr of Planing&
Environmental Resources. thc PhMing Commission hereby approves the
Re%olutionof
1
Conclusionsboom adegmy for Affadable Housing Dw*Wng Units;and
MONROZ COUN",nA)REDA,that the preceding FbWp of Pad and
Of IAW, suppW the decision to APPROVE On Residential DwWft Unit AAo=t;M
Rankings for Quarter I Year 18 and holdbg allocation in aboyance to upper Kep
hkti= rate.Applicants arAW seven(7) dwqb Im (10) and raWW twelve (12)and to
r.
r
(Aft AdW Keys
Chai"wn Wag In YAI
SAM
Affmdable Housing Werant
Cownduloner
Comwistlon
planning ion
Monme
SiMud this I Sth day of Deember 2009A.I MOVED TO POW
AND DY
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PLANNING COMMISSION APPROVING AND
HOLDING SONIE ALLOCATIONS IN ABEYANCE FOR
THE RESIDENTrAL DWELLING UNIT ALLOCATION
QUARTER BEGINNING OCTOBER, 13,
A RESOLUTION BY THE MONROE COUNTY
AND
ALL OTHER
APPLICANTS ROLLOVER TO THE NEXT REGULAR
QUARTERLY EVALUATION PURSUANT TO SECTION
139-26 OF THE MONROE COUNTY CODE
WHERZA&the r. Director of Planning&Envkwmental Resources submitted to
t Allocation Evaluation RepoM doted
Match r r
pursuant to this procedures oudined in Mon= County Code, Amended,
Section 139-26;and
WWMAS, the MORM County Pknollng Commission during a regular public
mating held on March r rconducted a public haring to review,dhomw
formal motims.regarding die Dwelling Unit Allocation Ranking Report;andYVIECREA.%dw Planning ComWssion was presented with the following cvidence:
. t Evaluation RVort, Quarter 2 of
yea 18, from Townsley Schwab, Sr. Director of Planning & Environw=w
Resources, t
i and
r r
ssion adopts by
reference,as its ;and
comments of John Wolfe,Esquire-,and
WEIRREAS2. The sworn testim=y by Ow MOO=County Growth Management Division oW- and
written the Planning Commission maka the following Findings of Fam
I. Based upon the planningctor
vrecommendation by the Sr. Director of Planning& Environmental Resources to grant
Alkxadon Rankings i ) Keys subom for Market Rate
UnitsDwelling t ( )
t
• Based upon the written testimony
Environmental Planningi v
recommendatione$ the
r. Directorrcest
o hold
Lower(Lower/Middle) E'ng Units anocations i
n abeyance ft
r
applicants MWW v ) .since the prapatift do not have
desigamions at this tim Onoe tierx
allocations back to the Planning Comigsion r
r app .
and
3. Based Won ft written testimony of Townsley Schwab, Sr. Director of planning &
Envirearnentol Resources. the Planning Commission
r000ranmilanon by the r• Director of Manning& Envftenmental Remrces to grant
AllocVion Rankings in die B IS
Units to applicants ranked one(!
r.
Commission,Envu0nm=W RMMM, the Planning
recommendatiort by the Sr Director of Planning&Envacummud Rcmregg to grant Matet Roo Dwelling Units to
Commission.5. Based upon dw written Intimany of Townsley Schwab, Sr. Director of Planning &
Enviromnental Resources, the planning
UnitsUpper Keys Market Rate Dwelling
one(!)through three(3). five(5).and ranked twd"(12) throush thirteen.(131 since
the properties do not have der desipations at this Um. Once tier designations are
&Wiz4 staff will bring die allocation back to die Planning Commission for
butiftiew ranking ibr an allocWcn
award fbr these or other applicants,and
6. Based upon the written Ustimony of Townsley Schwab, Sr. Director of Planning &
Eavuonznental Resources, the Planning Commission hereby approvas the
recoinmendation by the Sr. Director of Planning&Environmental Resources to V-W
Allocation Rankings i '
UnitsRate Dwelling (I
I Based upon the written tesdroony of Townsley Schwab, Sr. Director of Planning &
Enviranmental Resources, the Plamingi
Allocationrecorninendation by the Sr. Director of Planning & Environmental Resources to grant
subarea
inedian Income catqpry for AfIbrdable Housing Dwelling ;vW
written3. Dowd upon the iSr. Director
Environmental
recoinnuodation by the r. Director of Planningv'
zao E ? in ft moderate
Dwellingincome category for Affordable Housing ;ard
Rebolution
testimony9. Based upon the written
® Sr. Director of Planning &
mcommendation by the Sr.EnvironmenW Resources, the Pinnning Commission hereby approves the of Planning&F
zero(0)Allocation Rankings fbr the Big PiWJNo Nun Keys subarea In the very low,
low.&median inimme categery for Affordable Homing DwelliM Unitas
and
r.
Director of phnnqk
® the planning Commission
i
DwellingUnits;and
MONROE COUMN, FLORMA. that the FKadingFindings of Pam and conclusions
of ` support decision
Sr •Director of PlwuM&Envirora=W Resoumm.
Florld%at a regular Meeting held on die loth day of much 2()Io.
PASSED AND ADOPTED by dw Pianaigg Commission of Mmee County,
Madmt Rae
Lower
cLwdmd9 Keys Big A=Wo Name Keys UpperKeys Upper
t
Chairman r mum Auks z1ban
Conminioner
Commissioner Cameron YK
Commixiloner
Affordable Housing
Lower Lumberg
Chairman Wall WbAIIA
C(mmissioner
Cemnmix,don
YSA
AMOVE ! Planning Commission of
Monroe Co !iFl 'da
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A PL MONROE C0jjMV
PLA=
QU VING THE YEAR I a
Q
;S 2010-APPiL 12 , 2010)
RES UNIT MARnT RATE
KEYS SUB-AREA ,BIG PINE AND NO NAME KEYS AND FOR
AFFORDAB
ALLOCA77 LE "OUSING' HOLDING SOME
ONS I IW ABEYANCE PENDING TIER
DESIGNA77ONS, CON774UINO THE LTPPER KEYS
MARKET RA7'E ALLOCA77ONS UNTIL JUNE 23, 2010.
WHEREM, the Sr. Direew Of Planning&Envi==Gntal Resources SUbMitted to
the Planning Commission a Residential DweHing Unit Allocation Evaluation RVM dated
June 2, 2010, punuant to the procedures outjned in Monme County Codc� ArnmdeA
Section 138-26, and
WEW-RRA.% the Meme County planning
MmthW held On June 9, 2010, Commission during a MSWW Nblic
Conducted a Public he"inf to review, discuss, and make
fiwmal MOt"Ous regirding the Dwelling Ur ut A:Uocadon Rankma Report;and
WBEMZAS,d"a Planning CmWaSion was FVSWed With the f011Owing evidence:
The mernom"dum tntitled Residential Dwelling Unit Evauation Report
yew 18, from TOWMICY Schwab, Sr QmrW 3 of
Resources, to the Monroe County plannig CD0ftMC0,t,0.r,00.f' Planning & EnvirDningatal
2. dated June 2,2010;and
7be Sworn t*Wmony by the Monme County GMVM Management Division stff
comments offohn Wolfe, Esquire, and , and
WHRREAS,the Planning Commission makes the following Findiggs of pact.
L Band upon the writtm testimony of Townsley Schwab, Sr. Director of Pjanninll '&
Environmental Resources, the Plamuug Comnusmon hereby approves the
Ameommendation by the Sr- DirectOr Of Planning & EnvironmenW Resources to
Hocation RanUngs 'a the LOwcF (Lower&fiddle) KrA subarea &r MarjWJ=t
Dwelling Units to applicants ranked one (1). Rate
nine(9)through thirteen (13) a;W two (2), five (5),
; dlmugk men (7) and
2. Based upon the written
Environmental Resourctest'Mony
the of TowUSICY Schwab, Sr. Director of Planning &as, Planning Commission, hereby approves the
rccOnuneudation by the Sr. Director of PjanWng & &vironmental Resources to hold
Lower (LOWO&Middle) Keys Market Rate Dwel&g Units allocations in abey ce f
applicants ranked three(3), four(4), an or
and eight(8), since the Properties do not have�er
Resolution P I o-10 P290 I of 3
Commissiondesignations at this time. Once tier designations an finaliz4 staff will bdng the
allocations badc to the Planning
Resources,ranking or insufficient ranking for an allocation award for thase or odw applicants;
and
3. Bond upon the written testintony of Townsley Schwab, Sr. Director of Plaming &
Environmental
rw4mmendation by the Sr. Director of Planning & Environmental Resources to grant
Allocation Rnmkings in the Lower Keys (Administrative dw Planning Commission h"y approves the
Raft Dwelling Units to applicant ranked one 7
and
4. Based upon dw written testimony of Townsley Schwab, r. Director of Planning &
Resources,Environmental
Sr. the Planning Commission haeby approves the
recommendation by the Director
Units to applicants ranked one(1)through two Allocation Rankings in the Big Pine/No Name Key subarea for Market Rate Dwelling
availability and
5. Based upon the testimony of staff concerning inconsistencies and inaceurate
information regarding the
availability in dw Upper KM m9mm the Planning Commission,hereby approves the
oonanuance of the Upper Ker subarea market rate applications to Jimic 7 7
and
rBased upon the written testimony of Townslay Schwab,
Resources, Sr. Dfivetior of Planning &
Enviromental
the Planning Commumon hereby approves the
recommendation by the
Director of Planning & Environmental Resources to grant
` Sr.
zero
0) Allocation Rankings for the Lower and Upper Keys subarea in the very low,
low7 &median income category for Affordable Housing Dwelling Units; and
• Based upon the written testimony of Townsley Schwab, Sr.
Resources, Director of Planning &
Environmental
recommendation by dw Sr. Dirwor of Planning & Environmental Resources to grant
zero dw Planning Comnussion hereby approves the
income category for Affiordable Housing Dwelling Units;and
• Based upon the written twftony of Townsley Schwab,
Sr. Sr. Director of Planning &
recommendation by the
Director of
zao (0) Allocation Rankings for the 1PinrJNo Name Keys subarea in the very low,
Dwellinglow, &median income category for Aftbrdable Housing Units; and
• Based upon the written testimony of Townsley Schwab,
Commission Sr. Director of Planning &
Environmental Resources, the Planning
Sr.recommendation by the
Director of Planning & Environmental Resources to grant
zero(0)Allocation Rankings for the Big PinrJNo Name Keys subarea in the moderate
1 ; and
a
APage 2 of
1
"IOW THEREFORE BE rr RnOLVED By THE
COMMSSION OF MONItog COUNW, -PLAMING
Fact and Conclusions of Law, supprt the decis'j0Ln0RDAI that the WwAfing Findip of
to APPROVE the Residential Dwelling
Unit Allocation Ranldngs for Quader 3 Ym I a "W holding allocations f
(8)
or
, i
o (4), eight
Lower (Lower/Middle) Keys Market nft Applicants ranked tbree (3), f in abeMce
Ur and.and cOntinIft the publc hearkS fbr the UPPer KOO MICket Rate Applications to
June 23,2010 at I&0o am as shown on MIBIT 'A'attached.
PASSED AND ADOPTED by the planning
Florida, at a regular meeting held on Commission of Monm County,
the 9th daY of June 2010.
Market Rate
Lower(Lawxwn Ke3os LOWCr(A&L Reffd)Ke" Big pjne�No Continue
Chairman Prall 2ftm Sibm nub=Nxne Koo UPPer Ke"
Commissioner Werfing
CommitsionerHale
Commissioner Cameron
ComminiomwLusavy 3=
Lower( Alfxdable Housing
Lwmo&UPPer KrA Bit Pin&Wo Name Kqs
Chairman #ran Mft= mftm
YSE YSA
Commirsioner Werfing 30
C40nmirsioxer Hale YN
Commission Cameron 3W
COMmUdoner Lustberg
Planning Commission of
Monroe unM ploji
mmo�"(nlf
t
B
Signed this 9th day Of June 2010 Y RGEnd4yt
APPROWD AS To FORM
ANDLAG 3 1 JEN'
BY
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'RESOL
2LM-Q&#-P24-10
A RESOLUTION BY THE MONROE COUNTY
PLANNING COMMISSION APPROVING THE BIG
PR4E/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 Allocation 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 Plammg Commission during a regular public
meeting held on September 22, 2010, conducted a public hearing to review, discuss, and
make formal motions regarding the Dwelling Unit Allocation Ranking Report;and
WHEREAS,the Planning Commission was presented with the following evidence:
L The memorandum entitled Residential Dwelling Unit Evaluation Report� Quarter 4 of
Year 18, from Townsley Schwab, Sr. Director of Planning & Environmental
Resources, to the Monroe County Planning Commission, dated September 17, 2010,
and which report's findings of fact and conclusions of law this Commission adopts
ree n its o by
frece, as wn; 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
cormnents of John Wolfe,Esquire; and
WHEREAS,the Planning Commission makes the following Findings of Fact-
1. Based upon the written testimony of Townsley Schwab, Sr. Director of planning &
Environmental Resources, the Planning Commission hereby approves the
recommendation by the Sr. Director Of Planning & Environmental Reso to t
ket Rate Dwelling
Allocation Rankings in the Big Pine/No Name Key subarea for Mar urces gran
Units to applicants ranked one (1) through two (2) and continued the remaining
rankings to the October 6, 2010,Planning COmmiss ion meeting; and
Resolution P24-10 Page 1 of 2
NOW THEREFORE BE IT RESOLVED BY PLANNING COMMISSION OF
MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions
of Law, support the decision to APPROVE the Big PhidNo 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
i County,
Florda,at a regular meeting held on the 22th day of September 2010.
Market ate
Big PindNo Nam Keys
Chairman WaU sub—am
3M
Commissioner WerUng 3&s
Commissioner Hale 3M
Commissioner Cameron 3=
Commissioner Lustberg IM
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'AMOVEDAS TO FORM
AND LPG
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BY
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Resolution P24-10 Page 2 of 2
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EXHIBIT
*Agenda
PLANNING COMMISSION MARATHON GOVT CENTER
MONROE COUNTY 2798 OVERSEAS HIGHWAY
October 6, 2010 MARATHON, FL
10:00 A.M. MON E COUNTY, FIL
CALL TQ_QjDER
PI_EDQE.0F_ALI_EgIANCE
FIQLL CALL
C9MMISSM:
Randy Wall, Chairman
Denise Werling
Jeb Hale
Jim Cameron
Elizabeth Lusterg
STAFF:
Townsley Schwab, Senior Director of Planning and Environmental Resources
Susan Grimsley, Ass't County Attorney
John Woff , Planning Commission Counsel
Mitch Harvey, Comp Plan Manager
Joe Haberman, Principal Planner
Steven Biel, Senior Planner
Barbara Bauman, Planner
Gail Creech, Planning Commission Coordinator
901
SUBMIS
aWEARIMG OF COUNTY STAFF
CHANGES TO THE AGENDA
APPROV&OF MINUTES
MEETING
Continued Items:
1. A public hearing to consider and finalize the ranki !I ofII l ns In the Dweill
Allor-ation_S stem for the market r applications 3-44 in the Big in Name Key sub-area between-
y
April 13, 2010, through July 12, 2010, ROGO quarter (4th Quarter Year 18), unincorporated Monroe
County.
*10.01.10 Page 1 of 2
Now Items:
. Circle K, 92720yr - i v ( 1). Tv rnier it arr .7: _A,reguest for apRMval of
an amendmenj to a M&or conditional use germll In order to redevelop the existing i an
convenience store by removing the one (1) existing fuel pump with two (2) dispensers; constructing five
(5) new fuel pumps with two (2) dispensers per pump; demolishing the existing canopy; constructing a new
canopy; improving the existing convenience store building; and carrying out associated site improvements.
The subject property is legally described as a portion of the East '/a of Section 27, Township 62S, Range
3 , Key Largo, Monroe County, Florida, and Parcel 2,Tavernier Boat Basin, P -147, Key Largo, Monroe
County, Florida, having real estate numbers 00040.000000 and 004720.000000.
. Tavern Stores Chevron, 91860 OverseasHighway( 1). v r o, lie Marker 91: A.regnest
for approval of a 2APS (beer and,wine, g only) Alcoholic ever Special,_Use Eermit._The
subject property is legally described as Block 1, Lots 6.14, Tavernier (P 1.105), Key Largo, Monroe
County, Florida, having real estate number 007 10.000000.
4. D-Hooker Sports Bar 11 GrIII,J02250Overseas l w Largo, iie Mafter
r@guest for approval of 5SR frestaurant,,,package saleslAlcoholic-Beveragel i Use Permit o
replace xl in (beer n I r Ise a }Alcoholic Beverage ,i I 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 1-6 ) less the south 200'
and the north 60' thereof, Key Largo, Monroe County, Florida, having real estate number
0006730.000000.
. Llszka Residence, 58 Key Haven Road, Raccoon Key. Mile Marker reguest for aggroval of a
variancecif two ( ) feet to the five (5) foot reguired side,Mrd setback along the northwestern
ro line In order to construELB_buildina addition, The subject property is legally described as
Block 1, part Lot 5 and Lots 6 and 7, Key Haven Fifth Addition (P 5-105), Raccoon Key, Monroe County,
Florida, having real estate number 001360.000000.
If a person decides to appeal any decision made by the Commission with respect to any matter considered
at such hearing or meeting, that person will need to ensure that a verbatim record of the proceedings is
made; such record includes the testimony and evidence upon which the appeal is to be based. Pursuant to
the Board of County Commissioners'Resolution 131-1992, if a person decides to appeal any decision of
the Planning Commission he or she shall provide a transcript of the hearing before the Planning
Commission, prepared by a court reporter at the appellnt's expense, which transcript shall be filed as
part of the appeal within the time provided in Section 12-215 of the Monroe County Code, amended
ASSISTANCE.ADA If you are a personIt I III who needs special accommodations i
order to participate In this proceeding,please contact the County inlstr tore Office, by phoning
(3 ) 1, between the hours o :30 a.m. -5: ., no later than ten(10 calendar days prior
to the scheduled meeting;If you are hearing r voice Impaired, call 711".
BOARD DISCUSSION
RESOLUTIONS I T
ADJOURNMENT
*10.01.10 Page2o2
EXHIBIT
PLANNING COMMSSION
October 6,2010
MgqkLMiRHkj
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 CQMaUSSION MEMEBERS
Randy Wall, Chainnan Present
Denise Werling Present
Jeb Hale Present
James Cameron Present
Elizabeth Lustberg Present
STAFF
Townsley Schwab, Sr. Director-Planning and Environmental Resources Present
Susan Grimsley, Assistant County Attorney Present
John Wolfe, Planning Commission Counsel Present
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.
SUB VITS AND PHOTOgRAPHS
Gail Creech confirmed receipt of all necessary paperwork.
SWEARING OF COUNTY STAFF
All staff intending to speak were sworn in by John Wolfe.
MINUTES FOR APPROVAL
Townsley Schwab requested a deferral of the approval of minutes to the next Planning
Commission meeting.
CHANGES TO THE AGENDA
Its 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.
1.A public hearing ns in the DffSHin 1,Unit
Allocativ for the market rate applications 3-44 in the Big Pine/No Name Key sub-area
between April 13, 2010, through July 12, 2010, ROGO quarter (0 Quarter Year 18),
unincorporated Monroe County.
Susan Grimsley informed the Commission a representative of a person who has an equitable
interest in the property has requested a continuance. The representative was informed, and
understood, that the last meeting at which this matter could be heard is the October 19, 2010
Planning Commission meeting. Motion: James Cameron made a motion to continue this
item to the October 19, 2010 meeting. Denise Werling seconded the motion. There was no
opposition. The motion passed unanimously.
New Items:
10:09 a.m.
2.Circl ver 92.7: A regueA_E2E_gggE21"
an amendment to existine 2as
;iation and convenience store by removing the one (1) existing fuel pump with two (2)
dispensers; constructing five (5) new fuel pumps with two (2) dispensers per pump; demolishing
the existing canopy; constructing a new canopy; improving the existing convenience store
building; and carrying out associated site improvements. The subject property is legally
described as a portion of the East 1/4 of Section 27, Township 62S, Range 38E, Key Largo,
Monroe County, Florida, and Parcel 2, Tavernier Boat Basin, PB4-147, Key Largo, Monroe
County, Florida, having real estaten ere 00089480.000000 and 00487290.000000.
John Wolfe informed the Commission that a phasing plan with a letter explaining the plan had
been submitted. The size of the canopy has been cut back to less than 2500 square feet, so that
the applicants will only have to go through one NROGO period as opposed to two.
(10:15 a.m.) Steven Biel stated there has been a revision to the revised site plan. Mr. Biel then
presented the staff report. The recommendation by staff was for approval with conditions. The
conditions were read into the record.
(10:31 a.m.) Chairman Wall voiced concern, about the angle of the to 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 southbound entrance.
Chairman Wall asked for public comment. There was no public comment.
(10:39 a.m.) James Cameron stated he felt that at is being proposed is a vast improvement
over at 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 Lust berg asked for confirmation that there was no response from the letters sent out to
the community. Mr. Schwab confirmed that.
Mr. Cameron asked why under-canopy parking spaces were not counted as part of parking. Joe
Haberman explained that there is no parking standard fora fueling station in the code, so a
shared parking calculation cannot be one and, therefore, the convenience store has to be treated
separately.
Chairman Wall stated that he would feel more comfortable if in the major conditional use there
was a clause that said the first southbound curb cut was set up to be a left-hand exit only. Mr.
Webster said that would be fine.
(10:51 a.m.) Motion: Chairman Wall made a motion to approve the staff report and
conditions, with the addition of making the first southbound curb cut on U.S.1 a left-hand
exit only. Elizabeth Lustberg seconded the motion. There was no opposition. The motion
passed unanimously.
10:54 a.m.
3.Tavern Stores Chevron, 918 0 Overseas
Use Permit. The subject property is legally described as Block 1, is 6-14, Tavernier (PB1-
105), Key Largo, Monroe County, Florida,having real estate number 00478410.000000.
Barbara Bauman presented the staff report. The recommendation by staff was for approval with
conditions. The conditions were read into the record.
Chairman Wall asked for questions from the Commissioners. There were none. Chairman Wall
asked for public comment. There was none.
(10:59 a.m.) Motion: James Cameron made a motion for approval. Jeb Hale seconded the
motion. There was no opposition. The motion passed unanimously.
3
10:59 a.m.
5.Liszka Residence, 58 est for
agl2roval of a variance of two,.(2).,,feet to
addition. The subject
the northwestern
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 Lust berg 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.
BOARDRISCUSSION
(11:09 a.m.) Elizabeth Lust berg asked if canopies are looked at the same way as regular floor
space regarding NROGO. Jose Haberman answered they are the same in to 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 would be looked at when the comprehensive plan was
being worked on. Joe Haberman stated that the comp plan policies that relate to NROGO are
broader, but that it could be addressed forthwith in the I-DRs if it was felt to be necessary, or it
could be addressed when a rewrite of the LDRs occurs. Townsley Schwab is hopeful it will be
able to be addressed without waiting for the comp plan. John Wolfe informed the Commission
that the 2500 square foot limit comes from the LDRs.
Commissioner James Cameron asked when Parrotdise Bar & Grill will be on the agenda. Joe
Haberman answered that it will be put on the agenda for approval of the NROGO allocations for
that quarter, but it is not know when.
4
Chairman Wall asked when the calendar for next year will be established. Susan Grimsley
explained that a tentative schedule is made at the end of November or the beginning of
December, but that it is dependent on room availability, which is based on the Board of County
Commissioners' schedule.
Townsley Schwab introduced the Commissioners to Ray Ortiz, an emergency temporary hire as
a planner. Mr. Schwab then explained to the Commissioners that the packets for the next
meeting will be submitted ten days for 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 for
meeting.
Elizabeth Lustberg requested her personal e-mail be cc'd on any Planning Board e-mail. Susan
Grimsley requested e-mail addresses where the forwarded 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.
GROMMH MA.NAGEMOENT CO.MAILE.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.
ARIQUE�MEN�T
The Monroe County Planning Commission meeting was adjourned at 11:30 a.m.
HISIT
S
*AGENDA plw�—
PLANNING COMMISSION MARATHON GOV'T CENTER
MONROE COUNTY 2798 OVERSEAS HIGHWAY
October 19, 2010 MARATHON, FL
10:00 A.M. MONROE COUNTY, IFL
,CALL TO ORDER
PLEDGE OF ALLErAIANCE
ROLL CALL
C0MMIj$IQN,.
Randy all, Chairman
Denise Werling
Jeb Hale
Jim Cameron
Elizabeth Lustherg
glAFF,
Townsley Schwab, Senior Director of Planning and Environmental Resources
Susan Grimsley, Ass't County Attorney
John Wolfe, Planning Commission Counsel
Mitch Harvey, Comp Plan Manager
Joe Haberman, Principal Planner
Steven Biel, Senior Planner
Barbara Bauman, Planner
Gail Creech, Planning Commission Coordinator
gOUNTY,RESOLUTIOIN 131-92 APPELLANT TO PROVIDE RECORD V111 APPEAL
SUBMISSION OF PROPERTY POSTING AFFIDAVITS AND PHOTOGRAPHS
SWEARING,_QF COUNTY STAFF
CHANGEETO THE AGENDA
APPROVAL,,OF MINUTES
MEETING
Continued Items:
1, ns In the Dwelling Unit Allocation
System for the market rate applications 3-44 in the Big Pine/No Name Key sub-area between April13, 2010,
through July 12,2010, ROGO quarter(4th Quarter Year 18), unincorporated Monroe County.
10.07.10 Page 1 of 3
Now Items:
2. D-Hooker iggrts,19ar & Grill, 102250 OverseasHighway (U 1). Key Largo, Ile Marker 1 : A
request for approval of a 5 (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 0008730.000000.
3. The Shell Woman Inc. dba the Shell Man. 92439 Overmsi a (t S 11, Ke y Lar o, Ile Marker
A request for approval of a ZAPS (beer and wine, package only) Alcoholic Beverage Special Use
Permit. The subject properly is legally described as Parcels A and B, part Tract 2, Plat of Survey of the Ellis
Property (P 2-99), Section 27, Township 62 South, Range 38 East, Key Largo, Monroe County, Florida,
having real estate number 00490210.000000.
4. Sievers Marine Inc., 1 Garden-Cove Drive, Kff LaEgo Mile Marker 1 : A request for approval of a
5SRX (restaurant, no package sales) Alcoholic Beverage Special Use Permit. The subject property is legally
described as Block 7, Lots 18 through 23, Ocean Isle Estates (P 5-14), Key Largo, Monroe County, Florida,
having real estate number 0053850.000000.
5. WalgreensL30351 Overseas Highway( 1), Blg Pinev, Mile Marker : A request for approval of
a 3PS (package only, included beer, wine and liquor) Alcoholic Beverage Special Use Permit. The subject
property is legally described as a tract of land in part of the southeast quarter of the northwest quarter of
Section 26, Township 66 south, Range 29 East, Big Pine Key, Monroe County, Florida, having real estate
number 00111690.000900.
6. Non-Residential Floor Area Allocation: The Planning Director is requesting recommendations from the
Planning Commission, to the Board of County Commissioners, for the amount of commercial floor area to be
available for the annual NROGO allocation for Year 1 , beginning July 13,2010 and ending July 12, 2011.
7. AN.ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COM filSSIONERSENDING
MONROE COUNTY CODE SECTION 101-1, DEFINITIONS, AND SECTION 130-187, MAXIMUM HEIGHT;
PROVIDING CONSISTENCY BETWEEN REGULATIONS REGARDING HEIGHT IN THE LAND
DEVELOPMENT CODE AND POLICIES REGARDING HEIGHT IN THE COMPREHENSIVE PLAN;
PROVIDING CONSISTENCY BETWEEN THE DEFINITIONS OF HEIGHT AND GRADE IN THE LAND
DEVELOPMENT CODE; PROVIDING FOR SVEA ILITY; PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS AND
THE SECR.ETARY .OF STATE; PROVIDING FOR CODIFICATION; .PROVi IN FOR A -EFFECTIVE
DATE.
!f 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 cision of
the Planning Commission he or she shall provide a transcript of the hearing before the Planning
*10.07.10 Page 2 of 3
Commission, prepared by a court reporter at the appellant's expense, which transcript shall be filed as a
part of the appeal within the time provided In Section 102-215 of the Monroe County Code, amended.
ADA AE&ELLNSE. If you are a person with a disability who needs special accommodations In
order to participate In this proceeding,please contact the County Administrator's Office,by phoning
(305)292-4441, between the hours of 8.30 a.m. - 5.00 p.m., no later than ton(10 calendar days prior
to the scheduled meeting;N you are hearing or voice Impaired, call "711
LQAR_DDISCUSSIQN
fiaQWTH MANAGgMEHIJQ��
RES0LUT10NjfQBjjQNAjUM
ADJOUBNMENT
10.07.10 Page 3 of 3
EXHIBIT
7-
Creech-Gall
From: Grimsley-Susan
Sent: Tuesday, October 19, 2010 9:50 AM
To: Creech-Gail
Cc: Stankewicz-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: Ra Garcia silto.
Y cialaw.
Sent:Tuesday, October 19, 2010 9:49 AM
To: Grimsley-Susan
Cc: Alexis Rodriguez
Subject: Mr„ Akins Authorization
Ms. Grimsley:
Here is the authorization from Mr. Akins
Ray Garcia, -Esq.
LAW OFFICE OF RAY GARCIA, P.A.
14850 SW 26TH STREET, SUITE 204
MIAMI, FLORIDA 33185
T: 305-227-4030/F: 305-223-9811
Board Certified in Real Estate Law
This message is for the named person's use only. It may contain confidential, proprietary or legally
privileged information. No confidentiality or privilege is waived or lost by any mistransmission. If you
receive this message in error, please immediately delete it and all copies of it from your system, destroy
any hard copies of it and notify the sender. You must not, directly or indirectly, use, disclose, distribute,
print, or copy any part of this message if you are not the intended recipient. THE LAW OFFICE OF RAY
GARCIA, P.A. reserves the right to monitor all e-mail communications through its networks. Any views
expressed in this message are those of the individual sender, except where the message states otherwise
and the sender is authorized to state them to be the views of any such entity.
CIRCULAR 230 NOTICE: To comply with U.S. Treasury Department and IRS regulations, we are required
to advise you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this
transmittal, is not intended or written to be used, and cannot be used, by any person for the purpose of
(i) avoiding penalties under the U.S. Internal Revenue Code, or (ii) promoting, marketing or
recommending to another party any transaction or matter addressed in this e-mail_or attachment.
Please take a moment to complete our Customer Satisfaction Survey:
bap./Imonroecofl.virtualtowxtbafl.net/PagestMonroeCoFL WebDocs/css Your feedback is important to us!
Please note:Florida has a very broad public records law.Most written communications to or from the County regarding
County business are public record,available to the public and media upon request.Your email communication may be
subject to public disclosure.
t
RZ
The Law Office of Ray Garcia, P.A.
Attorney at Law Florida Civil Law Notary
14850 SW 20'Street Southern District of lorida
Suite 104 MiddleDistriotof Florida
Ray Garda.Eq. Muni,Florida 33185 North=DWriat of Florida
Board Certifted m Rard Egaft Law Tel:305.227.4030 Fox:305.223.9811 11&Circuit Corot of Appab
www.myizffcialaw.com
TFHRD PARTY AUTHORIZATION FORM
1, John Akins, hereby authorize The Law Office of Ray Garcia, P.A. and its associates to
represent me and speak on my behalf at any all Meetings, hearings, trial and any gatherings
whatsoever as they relate to in Residential dwelling Unit Hearings with the Monroe County
Planning Commission for Big Pin Name Key Subarea Quarter 4, Year 18 reg ROGO
Applications 07100486; 07100496; 07100485; 07100483 discuss my case with The Law Office
of Ray Garcia, P.A.. I understand that I will be fully responsible for reviewing any information
that is sent by Lender to my Designated Agents. This Authorization will remain effective until I
spedfically notify the Monroe County Planning Commission, in writing,that this Authorization
is of no fin-ther force and effect.
Our associates are: Ray Garcia,Esq.
Alexis Rodriguez,Esq.
Franklin A.Jara,Esq.
Date:
John Akins
er
Reference : Big Pine/No Name Key Subar Q Zua 4,Year 18 reg ROGO Applications
07100486; 07100486; 07100485; 07100483
STATE OF
COUNTYOF
The foregoing instrument was acknowledge before me this day of
I by who are personally know to
me or produced Identification respectively and
who did take the oath.
Not Public
(SEAL)
21"
41— The.v.Law Offic,q Garcia, P.A.
Attorney at Law Rorkla Civil Uw Notary
Idgin qW Southem District of Florida
C&ZO, S.. Suite 204 NfiddleMmooFlorida
ft Garcia.Esq. Miami,Florida 33185 Northam District of Florida
Board Cwtified to Peal Estate Law Tel:305.227.4030 Fax:3 05-223.9811 11"Ch-61 Court ofAppeah
[Mja@aXMialaw.co
www.raygarcialaw.com
***Sent Via Fax 305-289-2536 email to 'msjev-susW0 c ee
monroecgXnLfl.gov; r ch-
g4iI@monroecountY-fl.gov.***
October 5,2010
Susan Grimsley, Esq.
Gail Creech
2798 Overseas Highway Suite 410
Marathon,Florida 33050
Re: ROGO Applications 07100486; 07100486; 07100485; 07100483
Dear Ms. Grimsley:
It was a pleasure speaking with you today in regards to the above ROGO application awards.As I
mentioned, I have been recently retained to represent Mr. Holloway, the buyer under contract of the
above-property from Mr. Akins. As discussed there is a schedule hearing tomorrow at 9:00am, in regards
to the above ROGO Applications. As I mentioned on the phone, I am in Miami and I have certain
eon cU in Miami UW 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 to which is still
within the sixty(60)day cut-off for finalization of the ROGO awards.I appreciate and thank you for your
consideration in advance.If you have any questions or concerns in regards to the above mentioned matter,
you may reach me at 305-227-4030.
4iSincere
y pia ::::--
RG/
Enclosure
cc: Greg Holloway
EXHIBIT
PLANNING COMMISSION
October 19,2010
Meetjgg�inu�tes E71
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 CO��SS�ION M�DFM[�BERS
Randy Wall, Chairman Present
Denise Werling Present
Jeb Hale Present
James Cameron Present
Elizabeth Lustberg: Present
STAFF
Townsley Schwab, Sr. Director-Planning and Environmental Resources Present
Susan Grimsley, Assistant County Attorney Present
John Wolfe, Planning Commission Counsel Present
Mitch Harvey, Comprehensive Plan Manager Present
Joe Haberman, Principal Planner Present
Barbara Bauman, Planner Present
Tiffany Stankiewicz, Dev. Administrator.-Planning and Environmental Resources Present
all Creech, Planning Commission Coordinator Present
COUNTY D FOR APPEAL
County Resolution 131-92 was read into the record by John Wolfe.
SUBAESSION OF PROPERTY POS "ING AFFIDAVITS AND PHOTOGRAPHS
Gail Creech confirmed receipt of all necessary paperwork.
SWEARIN9 OF COUNTY 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.
CHANGES TO THE AGENDA
Item No. 4 will be not be heard and will be re-advertised. Item No. 6 will be heard as Item No.
2.
MEETING
Continued Items.*
1.
Allocati2g System for the market rate applications 3-44 in the Big Pine/No Name Key sub-area
between April 13, 2010, through July 12, 2010, ROGO quarter (4ffi Quarter Year 18),
unincorporated Monroe County.
(10:04 a.m.) Susan Grimsley informed the Commissioners that a letter of authorization of
representation by Ray Garcia's firm had been received from Mr. Aikens, as well as from the
proposed purchaser of Mr. Aikens' property.
Alexi Rodriguez, Esq. was present on behalf of Mi. 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 Jlocation: 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 none.
Conunissioner 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 Werfing seconded the motion. There was no opposition.
The motion passed unanimously.
I
2-RD:-Hff22hM!22d&sABaKrA& Gr ereas ujghMAL(ILS��( I ��±er
_griW N s IIu,I1O2222&50 C-
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 I in Section 22, Township 61 South, Range 39 East, Model
Land Company's Plat (PB 1-68) less the south 200' and the north 60' thereof, Key Largo,
Monroe County, Florida, having real estate number 00086730.000000.
(10:21 a.m.) Barbara Bauman presented the staff report. Ms. Bauman recommended approval
with conditions.
James Lupino, Esq. was present on behalf of the applicant. Chairman Wall asked for public
comment. There was no public comment.
Motion: Commissioner Cameron made a motion for approval with conditions in the staff
report. Commissioner Werling seconded the motion. There was no opposition. The
motion passed unanimously.
3.The SheH Woman I--.. t- e Shell Man, 92439 Overseas
Mile Marker 92: A request for approval of a 2APS (beer and wine, package only) Alcoholic
Beverage Special Use Permit. The subject property is legally described as Parcels A and B, part
Tract 2, Plat of Survey of the Ellis Property(PB2-99), Section 27, Township 62 South, Range 38
East, Key Largo, Monroe County, Florida having real es to 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 Wail 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. e Marker 30: A request for
approval of a 3APS (package only, included beer, wine and liquor) Alcoholic Beverage Special
Use Permit. The subject property is legally described as a tract of land in part of the southeast
quarter of the northwest quarter of Section 26, Township 66 South,Range 29 East, Big Pine Key,
Monroe County, Florida having real estate number 00111690.000900.
(10:30 a.m.)Joseph Haberman presented background information on this property and presented
the staff report. Mr. Haberman clarified that the commissioners were being asked to approve the
special use permit, not the liquor license, and explained which licenses were quota licenses. Mr.
Haberman then summarized the relevant criteria used in approving or denying a permit request.
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 is
the five criteria for the special use it.
(10:53 a.m.)Bruce Beckner, the store manager, was sworn and described the size of the store and
which area of the store would be dedicated to the sale of alcohol. Mr. Beckner also described the
services to be provided and the types of products sold at the store. Approximately fourteen
Walgreen's employees were in the audience and were introduced. Mr. Beckner agreed to the
conditions in the staff report.
(10:58 a.m.) Don Craig, Planner, was 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 feels the requested use
will generate traffic in the area. Mr. Miller added that there were too many liquor stores in too
small of an area, within five miles, of the subject property.
(11:17 a.m.) Charles Tallent of B ig 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 out 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
followingthe
l rYes; Commissioner Cameron, No;
Commissioner Lustberg, , Commissioner Werling, No; and Chairmanr s. The
motion .
7.AN ORDINANCE BY THE MONROE CO TY BOARD OF CO
COMMUSSIONERS AMENDING MONROE COUNTY CODE SECTION
- ,
DEFINITIONS, AND SECTION 130-187, MAXIMUM HEIGHT; PROVIDING
CONSISTENCY BETWEEN REGULATIONS REGARDING HEIGHT IN THE LAND
DEVELOPMENT CODE AND POLICIES
CONSISTENCYCOMPREHENSIVE PLAN; PROVIDING
HEIGHTOF GRADE IN THE LAND DEVELOPMENT CODE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
AFFAIRSPROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY
SECRETARYAND THE ; PROVIDING FOR CODIFICATION; PROVIDING
EFFECTIVEFOR AN .
( : .)Joseph Habermanreset a staff report.
Commissioner Cameron stated that he disagreed with no allowance being made for affordable
housing. Chairman l commented t he feels the location of the measurementshould e
changed in the definitione.
( :4 .) Don Craig, Planner, agreed that the definition of grade should a tightened up. Mr.
Craig encouraged e 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 comprehensive
. Craig s r the commissioners to not put limits on alternativeenergy
sources.
( : .) John November was present and pointedout that the language related to 44 feet,
affordableus` hotels was never passed by ordinance by a County Commission. Mr.
November urged the commissioners to pass the proposed ordinance,
Commissioner CameronISSI
passedseconded the motion. There was no opposition. The motion .
BOARD DISCUSSION
Scheduling coming meetings was discussed.
GROWTH MANAGEMENT COMMENTS
( 2; .) Mitch Harveygave an update on the comprehensive plan proc s. Several
complete drafts of the technical oc ent have been received from i c s.
AWO—LURNMENT
The Monroe County Planning Commission meeting was adjourned at 12:13 p.m.
LAWRENCE P. FRANK
I:XHIBff
SURVEYORS o ENGINEERS - LAND PLANNERS V
83266 OVERSEAS HIGHWAY, ISLAMORADA, FL 33036
Phone (305) 664-0764 FAX (305) 664-0816
A DIVISION OF ME"v,-M WWjtS5 OWWORATIM
cm—F LEGAL OESCRIPTION-
CERTIFIED T&. CANDACE AKINS
JOB No. kG6304
SEC 14, IWP� 66 S., RGE, 29 E.
ROE COUNTY,LOT 23 ond THE SOUTHERLY 26.D0' OF LOT 24, BLOCK 1.
THEREOF; ARM SIMIVISON- ACCORDING TO THE PLAT
HEREOF; AS RECOROED IN PLAT BOOK 3, PACE 141 OF THE
PUBLIC RECORIDS OF MONROE COUNTY. FLORIDA_
FAR SUBJECT TO AN INGRESSAGMSS EASEMENT OVER THE
WESTERLY 12.00' OF LOTS 23&24, BLOCK 1, AFORESAID
DOCTOR'S ARM SUBDIVISION.
SCALE 1'-30'
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SURVEYOR'S NOTES-
I-) ALL CORNERS FOUND HAVE NO NUMBER DE&GNATING PREMOUS SURVEYOR OR COMPANY EXCEPT AS SHOWN.
2-� ALL BEARINGS AND OISTANCES ARE MEASURED PER PLAT UNLjESS D7HERWISE NOTED.
3- NO UNDERGROUND ENCROACHMENTS. FOUNDA71ONS OR U71UTIES HAVE BEEN TS R C LOCATED OR SHOWN UN No
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S. ELEVATION DATUM WG.V.D. 1929, U-11- 0,0, "CHMARK' FL41930 SR%ELEV.-IM42
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COMMUNITY No.125129, PANEL No.1328 K, EFFEC71VE DATE 2 S. ANO THE HEREON DESCRIBE0
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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