Item L5BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Sept. 20, 2006IMarathon Division: BOCC — DISTRICT 5
Bulk Item: Yes X No Department: Comm. Glenn Patton
Staff Contact Person: Donna Ranson
AGENDA ITEM WORDING: Approval of a resolution by the Board of County Commissioners
supporting the relocation of the Florida Keys Wild Bird Rehabilitation Center to the scarified
area around the west end of the quarry pit of the Dove Creek Exotic Maintenance Project site
on USI.
ITEM BACKGROUND: See attached
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
TOTAL COST: NIA BUDGETED: Yes No
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes , No AMOUNT PER MONTH Year
APPROVED BY: County Atty x OMB/Purchasing Risk Management
DOCUMENTATION: Included x Not Required
DISPOSITION:
Re0sed 8A)(i
AGENDA ITEM #
SOLI i'1'1()N NO. 2006
A RESOL111-1ON BY T1IF BOARD 01 C'OLINT'Y COMMISSIONERS
SI iPPORTING i 1IE REI_OC ATION OF -1-1 -IE FI-0RIDA KEYS W11,D
BIRI) RE1-fABII.I A-1-ION C1:NTER T(-) '1-I I SCARII II:D :AREA
AROI!ND I- HE %VI-`S -I- END 01= THE QUARRY PI 01 -1-1IF DOV1-
C'RI-:I1:K EXO-1-IC MAINTLNANCE PR0).1FC'T Sl FE (}N US1.
"HEREAS, the Florida K e \ s W1Id Bird Rehabilitation Center is a tar exempt not loll- prof -it
at1,elhcv that provides a %aluahle scr� ice by carim, for tlltLlred and orphaned birds and educatin, the
public on the v,IICllile and ens 1ronnlent of the Florida Ke` s: and
WHEREAS. the I lorida Keys Wild Bird Rehahilitation Center has 0utL-1l-0V n the axailahle
space oil the existim-, site lend lilLlSt 1'elocate to hotter fulfill their mission: and
WVHEREAS. the Honda Keys Wild Bird Rehabilitation Center is !,upported bi private
donations alld hN prig ate and goy orninent grants: and
NVIIEREAS. the N�etlands ❑n % hich the Florida Kees Wild Bird Rehabilitatioli (.'enter are
currently are prone to lloodin+,. plactn&, the States birds In our rare at risk: and
WHEREAS, the site on v0ilch the Florida KeN.s Wild Bird Rehabilitation C'ellter is currently
Iocated «ould became av a11able for the Slate's pr0tectIN e pLlrchase upon relocation. and
NN'HEREAS, the site to �� hich the 1• lorida Kees Wild Bird Rchahilitatiun Center is propos1112
to relocate is currently ow ried by the State of Florida twirl is part of the Dove Creek Wildlife and
Fm ironmental :area. under the aL111101'itV of the Department of Lil ironmental Protection and under
the management of the Florida Fish and Wildlife Conservation Commission: and
W11EREAS, the trreas of the Dole Creek Exotic Mai11tenalice Site that the Florida Keys WiId
Bird Rehabilitation Center is proposing to develop are high «round that has already been scarified bv
the pre% ious quarr} ing activities and is nht part otthe adJacent � ire=in hard«ood hamlllock: and
'*VIIEREAS, the Florida Ke%s Wild 131rd Re habllitatlorl Center has submitted a reClLie St W ith a
preliminary proposal and plan to the State offlorlda: al -id
WHEREAS. the Board of County C'ommisslotlers has duly- considered the reCluest of the
Florida Ke.s WilCd Bird Rehabilitation Center to the State ol'Florlda: and
W l-IEREAS, the proposed recur ery center \gill rcgi-iIre a Ill aJ or conrdItIoiial LISC permit tr0nl
the CoL1111% :
NOW THEREFORE, BE 1T RESOLVED BY THE 130ARD OF CO1 NTY
C'O1MMISSIONERS OF 17ONROE C01-NTY FLORIDA, to endorse and support the submitted
request. preiilllimm proposal_ and plan, cr�ples ol, ��Ilich are enclosed. as bolo, a bellellt to the
Florida Ke}s Wild Bird Rehabilitation Center. the nati%e and mi-ratorN birds, the emirchnnlent lit
�1rynroe County . and to the citizens of and v isitors to M o11roe Count. and at no cast to the State ut
l�lorida.
PASSED AND ADOPTED b-, the Board of County Conimi;siotiers of Monroe Coulity
Florida at the reLular meetin4, hrlcl cn the 'Ot" daN cat' September. A.D.. 2006,
.Mai or Charles "Sonny' %,ICCk)%r
Mallor 1'ro l em Dixie Spehar
Commissioner George Neugent
Commissioner ltslario DiGennaro
Commissioner Glenn Patton
(SFAL)
BOARD OF COUNTY C'O%.I1lISSION I..RS
OF MONROE COUNTY. FLORIDA
Bv
A t-IT-S : I)ANNY [.. K[)LFI 1GE. CLERK
DLPUI-Y CITRK
Wavor 01al-le-S " VrCov
0UNTY ATTO
E n ASrTV FO`
Je'IY Sanders
nt 9 CpunSy
BATE:
Horida Kees Wild Bird Rehabilitation Center Proposal for Lease and Management
of the Adjacent Dove Creels Exotic Maintenance Project Site
In e\cllange 1'0r a lort_g-troll lease of the Fxotic Maintenance Project Site that i, illlrnediateh across US 1 f'ronl
the C'ent4r, the e FIoI,Ida Kes W1Id Laird ReliabII'tatiorl CO nter'. Inc. \' II eclmmit to the IC1110 inw:
1. Renleltc all of the 1nl a,11e exotic %egetatlon from the leased site:
}. N1aIntain the site on an onu)niiI) basis so That no 111Nas1%e exotic Nc`welat1'011 Can return:
Re€t�rest the site ith appre,priate trees and other %eLetatirin as desiunated bN The state:
4- All. o the aho%e„M he performed :,l 1 ,,,. rh, ?lie thrnugtl 0fd011.1tion programs
and ora11ts by the Center:
�. De�ciopTmn( includi1) PerV iotls pa~ i n o foI, park 1ng and N%aIkvGa-,s- N%iidIite hahitats. picnic areas. aIid
set-% ice paths NN III be integrated into the halnnlnck NeoetatiOil:
0 the necetisarN str'uctures. includinu the � isitor:'educal iun center. ho,Pita1. T»ainteIm11Ce s110p. otI ice.
and staffand intern housin,total approxImate I 7.00 ] SQ FT and %%ill be l)laced in areas that are
currentl% devoid of trees: (.See attached plan)
?. I lie ('enter %%ill participate in proorams important to the state such as The Florida Keys `icenic
I-Ii,0ma%. Great Florida Birdinr~ Frail. Florida Kc,,, KaNak I rail pia Do%e Creek. and Fly inu Vv ILU:
a, f..\pand programs to rescue, rehabilitate and release hundreds ofcommon and listed nati,e Wild birds
,o Ihat tlte. can cimtinue their mi,jratiolls or remain local and reproduce their pecies in the ,'t ild.
€ € IL ,AL. FL i IVL:
The �Vild Bird Rehabilitation Center `,i Ill colitillue to suffer from the loss of income clue to insufficient parkirlL,
fOF students? ,c11001 buses- tourists hnsse;. and the handicapped. Iii season. nIam 'visitor; are confronted
%% Iill a IaIII Infrd parking Iot prcclrlding their isitintg us. as are oil I, iio1-111ern suppor'tirs ��anIin=w to see It at the\
have ,enI TnoIIe% to the Ke s to support. DuI-ing hurricane season. the risk of total dcstructioil exI4s.
It iti LT dkll1�11 titua[,1011.
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July 21, 2006
Commissioner Glenn Patton
99198 Overseas Hwy., Suite II
Key Largo, FL 33037
Dear Commissioner Patton:
VVe first want to thank you for the years of support that you and the other commissioners have
provided to the Florida Keys Wild Bird Center. It has enabled the care of thousands of our local
and migratory wild birds and been major contribution to the environmental health of the Keys.
This request is free of cost to the county but will make the largest single contribution possible to the
care of our environment, in many ways. By passing a resolution in favor of the enclosed proposal
to the State of Florida for the relocation of the Center from its beautiful but vulnerable wetland
location to a scarified former -quarry just across the highway. This relocation would immensely
increase the health of both habitats at no cost to the taxpayers, as we would properly reforest the
scarified areas around the northeast end of the quarry pit through a "Dedicate -A -Tree" program
and the currently disturbed area of the wetland would quickly heal itself and could be a nice
addition to the State's current inventory of properties and the Great Florida Birding Trail.
Moreover, the new location would drastically heighten the Center's ability to fulfill its mission of
environmental protection and education. The high ground around the quarry will protect our birds
from having to be moved whenever a flood event occurs, let alone another Hurricane like Wilma.
With the large scarified areas, we will finally have adequate parking for school and tour buses, and
for the handicapped. Accommodating more visitors would mean more awareness and especially
more donations that would directly work towards the environmental improvements. We envision
becoming an ecotourism, environmental education, and rehabilitation facility of regional influence.
The State, FWC, and ❑EP have repeatedly declined our proposal as Inappropriate for the site
because they wish to preserve the adjacent hardwood hammock. Since we want to build only on
already scarred areas, our construction wouldn't be harmful to the protected ecosystem and would,
in fact, improve an area left bare by the State's expensive ($96,000 to date, by their figures)
ongoing battle with invasive exotic vegetation because they can't afford reforestation. With the
Increased donations and our resources, we would take over the fight against exotics and be able to
see the proper reforestation of the area through, relieving the State of both the worry and the cost.
A resolution by the Board of County Commissioners supporting our proposal would be a major
factor in encouraging state officials to reevaluate our proposal, so we hope that you will continue to
help us In our efforts to protect the unique environment of the Florida Keys.
Thank you for your consideration of our request. Should you have any questions or comments
about our request, please do not hesitate to contact me or our Executive Director, Bruce Horn, at
852-4486 or at fkwbc(c7terranova.net.
Sincerely,
Laura B. Quinn
Executive Director
Enc. Draft Resolution, Proposal summary, and Plan.
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GRQVN7P3 MANAGxl M�T DM-SION
7 D8 Overseas Highway
Saute 400
lSczpthon,Florida 33050
Void: (305) 2"-2500
F[LC (305) Z89-2538
July I3, 2005
Mr. Bruce Horn
Florida Keys W i Id Bird Center
93600 Overseas Highway
Tavernier, FL 33070
B O
Mayor Dbde M. Spehar, District 1
Mayor Fro Tem Charles "S= " %4cCoy, District 3
}l George Neugcnt, District 2
i David P. Rice, District 4
Murray E. Nelson, District 5
SUBJECT: LETTER OF UNDERSTANDING (LOU) FOR THE DEVELOPMENT DE
THE FLORIDA KEYS WILD BIRD CENTER, RE: 00089210,000100.
Mr. Horn,
Pursuant to Section 9.5-43 of the Monroe County Code (MCC) this document shall constitute a
Letter of Understanding (LOU). an April 29, 2005 a Pre -Application Conference regarding the
subject property was held at the Monroe County Planning Department office on Plantation Key.
Attendees of the April 29, 2005 meeting included Bruce Horn, (hereafter referred to as "the
Applicant"); Jason King, Planner; and Alex Scare, Biologist (hereafter referred to as "Staff').
Materials presented for review included:
a) Pre -Application Conference Request Form; and
b) A Resolution by the Board of County Commissioners waiving the Pre -Application
Conference fee; and
c} Property Record Cards; and
d) A Conceptual Site Plan by Bruce Horn; and
e) A Geographic Information System (G1S) Analysis of the Site; and
f) A Description of the Project.
Items discussed at the meeting included the following:
The applicant is proposing to construct a bird rehabilitation center on a thirty two (32) acre
parcel which will include: an education center with gift shop and restrooms (between 1,230
square feet and 2,000 square feet); hospital office (between 800 square feet and 1,000
square feet); two (2) to four (4) employee residences; feeding station/ freezer; elevated
walkways, parking areas, and a sewerage treatment facility. The proposal includes four (4)
wildlife areas and three (3) botanical areas estimated at between 8,000 square feet and
Page t of 8
a.d d9a=2T so ET inr
I1,Qoo square feet which will be constructed with mesh wire and may include roofs. The
applicant did not submit a scaled site plan. All estimates of size are approximate.
2. The site is located at approximately Mile Marker 93.5 at 93600 Overseas Highway,
Sayside, Tavernier, Florida. The site has a legal description of23 62 38 ISLAND OF KEY
LARGO PT W112 OF SW1f4 OR589-997 OR60; 9-205 OR801-1564 OR959-
2139/2141 C�'T OR 1038-2446I2447QIC(L(i), OR 1192-2483DC(C W ).
3. The parcel of land currently has a split Land Use Designation of Sub Urban Residential
(SR) and Natural Area (NA) and a split Future Land Use Map designation (FLUM) of
Recreation (MC) and Residential Low (RL). The proposed project is consistent with both
the future and existing land use districts provided that the development is limited to the SR
area where institutional uses are allowed as a Minor Conditional Use. institutional uses in
NA require a institutional Land Use Overlay and are as allowed only as a Major
Conditional Use.
4. Institutional use means a use that serves the recreational, religious, educational, cultural or
health needs of the community, including educational and scientific research facilities that
serve the region and day care and preschool facilities pursuant to the Monroe County Code
(MCC) Definition (1-4).
5. The property is located in a split flood zone with the designations AE 7 and AE 8,
according to Panel 919 of 1585, of the Federal Emergency Management Agency Maps. All
new structures will be required to comply with the most restrictive flood zone requirements
in which the individual structures are located.
6. Pursuant to MCC Section 9.5-235, Institutional uses are allowed as a minor conditional use
in the SR district provided that: (a) The parcel proposed for development is separated from
any established residential uses by a class C buffer -yard; and (b) Access to U.S. 1 is by way
of (i) An existing curb cut. The site currently has two existing curb cuts.
7. The 32.4 gross acre parcel is comprised of 577,849 square feet (13.2 acres) of upland
habitat (not including the barrow pit or wetlands). 67,529 square feet of the upland habitat
(1.6 acres) has a Land Use designation of dative Area (NA). 504,236 square feet of the
upland habitat (11.6 acres) has a Land Use designation of Sub Urban Residential (SR). Of
the SR portion 231,053 square feet (5,4 acres) is located within a disturbed area and not
within high quality tropical hardwood hammock, mangrove or borrow pit. 273,183 square
feet (6.2 acres) is assumed to be tropical hardwood hammock although an HEl survey will
be necessary. For the purposes of this LOU the hammock is assumed to be high quality.
The applicant did not provide a site plan and all calculations are approximate and based on
the County GIS.
&. The site can accommodate both the 14,000 square feet of Institutional floor area and the
four (4) employee units which is the maximum -sized development proposed by the
applicant.
Page 2 of 8
P_•d
dsa:el so E1 tnr
In the Sub Urban Residential Land Use District the Maximum Floor Area Ratio (FAR) for
I.ristitutional uses is .25 for disturbed areas and .10 for all hammock areas. The Open Space
Ratio is .50 for the disturbed area and .80 for the hamrnock area assuming that the
hammock is high quality.
Floor Area
231,053 square feet (gross upland area, disturbed habitat) X .25 = 57,763 square feet
maximum allowable Institutional floor area in the disturbed habitat.
273,183 square feet (gross upland area, hammock habitat) X .10 = 27,318 square feet
maximum allowable Institutional. floor area in the hammock habitat.
The total allowable floor area (disturbed and hammock habitat combined) is 85,081 square
feet.
The applicant is proposing a maximum of 14,000 square feet of Institutional floor area
including the wildlife and botanical areas.
If 85,081 square feet is equivalent to 100% Institutional usage of the site and the applicant
is proposing a maximum of 14,000 square feet then the applicant is proposing to utilize
17% of the site for institutional purposes. 83% of the site remains available for residential
use.
Open Space
The open space must be subtracted to determine the amount of the site available for
residential use. The Sub Urban Residential Land Use District contains 504,236 square feet
of upland habitat (11.6 acres) of which 231,053 square feet (5.4 acres) is disturbed and
273,183 square feet (6.2 acres) is assumed high quality hammock.
231,053 square feet * .50 Open Space Ratio = 115,527 square feet of Open Space and
1 t5,527 square feet of net buildable area in the disturbed habitat.
273,183 square feet * .80 Open Space Ratio = 218,546 square feet of Open Space and
5 4,63 7 squarefeet of net buildable area in the hammock habitat.
The total allowable floor area (disturbed and hammock habitat combined) is 170,164
square feet.
Housing
At six (6) units per acre maximum net density for affordable housing the site can
accommodate 23 units of 100% affordable housing (6143560 = X/ 170,164; X = 23 units).
After subtracting the 17% Institutional use the site can host 23 units of affordable housing
(23 *.83 = 19 units).
Page 3 of 8
y-d JSZ%21 So 61 Tnr
At 3 units per acre allocated density the site can accommodate 10 units of i00% market -
rate housing (3/ 43560 = XJ 170,164; X = 12 units). After subtracting the 17% ins
titutoonal
use the site can host fifteen (10) units of market -rate housing (12 *.83 = 10 units).
9. This parcel liar a narrow strip of hammock on Overseas Highway side and a large
hammock area over 250,000 square Feet on the north. A vegetation survey is required. If
any development occurs in the hammock portion of the property a habitat analysis, also
known as a habitat evaluation index (HED, is required to determine the type and quality of
the tropical hardwood hammock. The open space requirement based on environmental
codes depends on the hammock quality as determined by the HEI. The required hammock
" 0pen Space" must be placed under a Grant of Conservation Easement Agreement
(GOCEA). This recorded GOCEA will protect the hammock preserve in perpetuity.
10. The applicant was advised that the proposed Tier System would affect the clearing
allowance. The maximum clearing allowance on Tier 1 lands is currently 20 percent of the
site (115,580 square feet). It must be noted, however, that the Tier System is a proposed
system.
The proposed Tier System is described in its current form in Objective 105.2 of Monroe
County Comprehensive Plan, the 2003 Tier Map Report to the Planning Commission, and
the revised August 2004 Report to the Board of County Commissioners.
11. The applicant was informed that the subject parcel is within a Conservation and Natural
Area (CNA). Applications within the CNA boundaries that involve the clearing of upland
hammocks and pineland in patches of two acre or greater are not being accepted. This
would include any clearing on the northeast comer of the lot where the entrance to the site
is located. The moratorium is in effect until an ordinance is adopted implementing Goal
105 of the Monroe County 2010 Comprehensive Plan.
12. The applicant asked several questions concerning the construction of tiki huts. Pursuant to
Section 9.5--235 (a)(7) of the LDRs accessory uses such as tiki huts are allowed in the Sub
Urban Commercial district as accessories to the transient units. Tild huts can only be used
to provide shading. If the tiki huts are used as a commercial use they require an allocation
Linder Non -Residential Rate of Growth Ordinance (NROGO) pursuant to regulations in
Section 9.5-124. Institutional uses do not require NROGO allocations. Accessory uses shall
not include guest units or any other potentially habitable stricture. Accessory units carmot
exceed the square footage of the primary usage.
Only one (1) tild of up to 200 square feet and no more than twelve (12) feet above grade
would be allowed within the shoreline setback of the parcel pursuant to Section 9.5-349.
Existing tiki buts may be maintained. In the event of substantial destruction of existing tills
or replacement of new tikis a minimum 10 foot setback will be required to the drip edge of
the tiki's roofline along the altered shoreline. Along the unaltered shoreline the minimum
setback will be twenty-five (25) feet from the drip edge of the roof to mean high-water/
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apparent shoreline. These accessory structures must meet the side setbacks for the land use
district.
13, Pursuant to the MCC, Section 9.5-283, the height of the building shall not exceed thirty-
five (35) feet. Height means the vertical distance between average grade and the highest
part of any structure. Therefore the development cannot exceed thirty five (35) feet in
height from the preconstruction grade at the building site or crown of nearest road (US 1 in
this case), whichever is higher.
14. Pursuant to the MCC Section 9.5-352 (b) regular parking spaces must be 8.5 feet wide and
18 feet long and handicapped spaces must be 12 feet wide and 18 feet long with an adjacent
5 feet wide and 20 feet striped access isle. An approved site plan must delineate the parking
spaces and handicapped spaces.
15. Pursuant to the MCC Section 9.5-352 (c) the parking for the proposal cannot be exactly
computed as the exact square footage of the uses were not provided. Offices require 3.0
spaces per 1,000 square feet of gross floor area. Eating and drinking establishments require
14 spaces per 1,000 square feet of gross floor area. Commercial retail requires 3.5 spaces
per 1,000 square feet of gross floor area. Attached employee housing requires 1.5 spaces
per unit and unattached market -rate housing require 2 spaces per unit.
16. Pursuant to the MCC Section 9.5-352 each required parking space shall have direct and
unrestricted access to an isle of the following minimum width:
Width of Isles
An le of Parkin One- 71y Aisle Two -Way Aisle
90 degrees 24 feet 24 feet
60 degrees 18 feet 24 feet
45 degrees 15 feet 24 feet
17. According to the MCC Section 9.5-426 traffic studies by a qualified traffic engineer who is
licensed in the State of Florida shall be required for the following developments:
a) Any development generating from 250 to 500 trips per day shall submit a.report from a
traffic engineer indicating that the configuration of the access to US I or County Road 905
will maintain a safe traffic flow, or provide a design for a new configuration to be
constructed by the -developer.
If trp generation will not exceed 250 trips per day the applicant shall submit a letter and
data from the traffic .consultant stating this. That information will be evaluated by the
Monroe County Traffic Consultant.
18. Wastewater treatment and disposal systems must meet the state and county standards
pursuant to MCC Section 9.5-294. It is suggested that the applicant contact the office for
the Health Department at (305) 853-1900,
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19. Pursuant to MCC Section 9.5-391-393 all outdoor Iighting, other than that used for public
athletic facilities, shall be designed, located, and mounted at maximum heights of eighteen
(18) feet for non -cutoff lights and thirty-five (35) feet for cutoff lights.
All lighting from nonresidential uses shall be located, screened, or shielded, so that
adjacent residential lots are not directly illuminated.
All outdoor lighting shall be designed and located such that the maximum illumination
measured in foot-candles at the property line shall not exceed.three-tenths (0.3) foot-candle
for non -cutoff lights and one and five -tenths (1.5) foot-candles for cutoff lights.
Outdoor lighting within 25 (twenty-five) feet of any waterbody shall comply with Section
9.5-395, That lighting shall be cut off lighting, and may not exceed 18 feet in height.
20. Pursuant to the MCC Section 9.5-427 all entrances and drives and street intersections shall
provide clear sight triangles in both directions.
21. Division 10 of the MCC requires that any project containing more than six (6) off street
parking spaces and located in one. of the land use districts listed in Section 9.5-361 shall be
landscaped in accordance with standards set out in Section. 9.5-362. A CIass "C" parking
lot landscaping is required in a SR zone and for every twenty four (24) spaces requires 430
square feet of planting area with two (2) canopy trees and fiive,(5) shrubs.
22. Division 11 0£ the MCC addresses Scenic Corridors and Buffer Yards. For this parcel, a
scenic corridor buffer Class "F" wilI be required. Class "F" bufferyard standards for every
one.hundred (100) linear feet is a minimum of seventy five (75) feet in width with twenty
five (25) canopy trees, fifteen (15) understory, fifty (50) shrubs, and a three (3) feet berm.
The District Boundary Suffer requirement between the NA and SR zone is a Class "A"
bufferyard. Class "A" bufferyard sizes are rrcinimal and range. from five (5) feet to fifteen
(15) feet in width. Existing native vegetation will count towards the bufferyard
requirements.
23, Pursuant to Section 9.5-346, Mitigation standards and county environmental land
management and restoration fund, the removal of any regionally important native plant
species and all native trees with a diameter at breast height (DBH) of greater than four (4)
inches shall require payment to the County Environmental Land Management and
Restoration Fund .in an amount sufficient to replace each removed plant or tree on a two to
one (2:1) basis. The number, species, and sizes of trees and plants to be mitigated shall be
identified in an existing conditions report approved by the county biologist.
In addition, all invasive exotic species identified in Section 9.5-364(g) must be removed
from the property prior to issuance of a certificate of occupancy.
24. The applicant asked several questions concerning possible uses by the wetland mangrove
area. Pursuant to Section 9.5-348 (d)(1) Environmental design criteria for specific habitat
types. Mangroves, wetlands, and submerged lands, only docks, water access walkways,
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water observation platforms are generally permitted and require approvals by the Florida
Department of Environmental Protection and the U.S. Army Corps of Engineers priox to
the issuance of a county permit.
25. Pursuant to Section 9.5-348 (d)(7) a vegetated buffer is required between development and
wetlands. A minimum vegetated setback of fifty (50) feet shall be maintained as an open
space buffer for development occurring adjacent to all types of wetlands. On properties
classified as scarified adjacent to wetlands, the wetland setback may be reduced to twenty-
five (25) feet is a Class "D" bu£feryard is provided, the property contains a site -suitable
stormwater management plan, and is placed under a conservation easement.
The County Biologist suggested that a wetland . delineation be done.
26. Pursuant to Section 9.5-349 (b) Shoreline setback, principal structures shall be setback at
least twenty (20) feet as measured from the mean high water (Nlff ) line along lawfully
altered shorelines including manmade canals, channels, and basins.
27. Pursuant to Section 9.5-349 (c) Accessory structures within the shoreline setback shall be
constructed at a foundation height not to exceed eighteen (18) inches above existing glade
and shall meet not occupy more than sixty (60) percent of the upland area of the shoreline
setback.
28, Stoimwater must be retained onsite with swales or approved drainage. Drainage
calculations must be shown on the plans. This project will be reviewed by the County
Engineering Department for compliance.
If this property is subject to a conditional use approval, the Planning Commission is empowered
tinder Section 9.5-63 to modify or deny any application based on their review of the
appropriateness of the proposed development within the context of surrounding properties and
compliance with the LDRs and 2010 Comprehensive Plan. In Section 9.5-65 the Planning
Commission and the Planning Director are required to consider all aspects of the development,
impacts on the community and consistency with the goals, objectives and standards of the plan and
LDRs before granting conditional use approval, approval with conditions or denial of a project.
Therefore, the intensities, densities and possibilities for setback waivers detailed in this LOU are
subject to the Planning Commission and/or the Planning Director conditional use review and
approval.
Pursuant to Section 9.5-43 of the Monroe County Land Development Regulations (LDRs), you are
entitled to rely upon the representations set forth in this letter of understanding as accurate under
the regulations currently in effect. This letter does not provide any vesting to the existing
regulations, if the Plan or LDRs are amended the property and/or project will be required to be
consistent with all goals, objectives and standards at the time of development approval. The
Planning Department acknowledges that all items required as a part of the application for
development approval may not have been addressed at the April 29, 2005 meeting, and
consequently reserves the right for additional department comment. The information provided in
this letter may be relied upon, with the previous disclaimers, for a period of three years. The
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subject to the Planning Commission andlor the Planning Director conditional use review and
approval.
Pursuant to Section 9.5-43 of the Monroe County Land Development Regulations (LDRs), you are
entitled to rely upon the representations set forth in this letter of understanding as accurate under
the regulations currently in effect. This letter does not provide any vesting to the existing
regulations, if the Plan or LDRs are amended the property 4ndlor project will be required to be
consistent with all goals, objectives and standards at the time of development approval- l he
Planning Department acknowledges that all items required as a part of the application for
devclopmenl approval may not have been addressed at the April 29, 2005 ineeting. and
consequently reserves the right for additional department cornment. The information provided in
this letter may be relied upon, with the previous disclaimers, for a period of three years- The
Planning Director upon the request of the landowner may review' and reaffirm the representations
set forth in this letter For an additional period of time.
� 'e trust that this information is of assistance. If you have any questions regarding the contents of
this letter, or if we may further assist you with your project, please feel free to contact our
Plantation Key office at (305) 852-7100.
Sincerely yours, J
K- Marlene Conaway
Dircctor of Planning and Environmental Resources
Cc: Timothy J. McGarry, AICP, Director of Growth Management
David Dacquisto, Island Planning Team Director
Jeff Stuncard, Principal Planner
Niko Reisinger, Senior County Biologist
Ervin Higgs, Monroe County Property Appraiser
A -ref Joulani, Senior Administrator of Development Review and Design
Jason King, Senior Planner
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