Item P6 P6
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
James K.Scholl,District 3
David Rice,District 4
Board of County Commissioners Meeting
July 19, 2023
Agenda Item Number: P6
2023-1242
BULK ITEM: No DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper
AGENDA ITEM WORDING: A Public Hearing to Consider an Ordinance Amending the Monroe
County Land Use District Map From Suburban Commercial(SC) and Suburban Residential(SR) To
Suburban Commercial (SC), for Property Located at 101 Magnolia Street, Key Largo, Legally
Described As Square 20, Ocean Acres, Key Largo, Monroe County, Florida, Currently Having Property
Identification Number 00454520-000000, As Proposed By Magnolia 101, LLC; Providing For
Severability; Providing For Repeal Of Conflicting Provisions; Providing For Transmittal To The State
Land Planning Agency And The Secretary Of State; Providing For Amendment To The Land Use
District(Zoning) Map; Providing For An Effective Date.
ITEM BACKGROUND:
On December 8, 2014, Magnolia 101, LLC, submitted an application requesting to amend the Land Use
District(Zoning) Map of the Monroe County Land Development Code from Suburban Commercial
(SC) and Suburban Residential(SR) to Suburban Commercial (SC) for property located at 101
Magnolia Street, Key Largo, having Property Identification Number 00454520-000000.
The Planning & Environmental Resources Department's processing of this Zoning amendment is based
on the current SR Zoning's inconsistency with the site's Mixed Use/Commercial Future Land Use Map
(FLUM) designation. The proposed Zoning map amendment is necessary to be consistent with the
adopted FLUM designation on the site. Note, Sections 163.3194 and 163.3201, F.S., require land
development regulations to be consistent with and implement the Comprehensive Plan.
Please attached staff report for full analysis of the proposed amendment.
PREVIOUS RELEVANT BOCC ACTION:
On April 12, 2017, the BOCC adopted Resolution No. 110-2017, confirming a Boundary Determination
establishing an MC FLUM designation on the entire site based on an administrative interpretation made
by Planning Director Townsley Schwab as part of a Letter of Understanding for the site dated April 29,
2013.
5338
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Exhibit I to Ordinance.pdf
Exhibit I to Staff Report - LUD official map sheet 133.PDF
Exhibit 2 - Reso 110-2017 Boundary Determination.pdf
Exhibit 3 to Staff Report Magnolia 101 LUD amendment.pdf
2022 Settlement Agreement recorded.pdf
Ordinance—Magnolia 101_LUD.pdf
Magnolia_10 1—LUD—BOCC—Professional—Staff Report 07.19.23.docx
FINANCIAL IMPACT:
N/A
5339
Exhibit 1 to Ordinance # -2023
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The Monroe County Land Use Map is amended
as indicated above.
Proposal: Land Use change of one parcel of land in Key Largo having Real Estate Number: 00454520-000000
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8 MONROE COUNTY, FLORIDA
9 BOARD OF COUNTY COMMISSIONERS
10 RESOLUTION NO. 110 - 2017
11
12
13 A RESOLUTION BY THE MONROE COUNTY BOARD OF
14 COUNTY COMMISSIONERS CONFIRMING THE
15 ADMINISTRATIVE BOUNDARY INTERPRETATION OF THE
16 SENIOR DIRECTOR OF PLANNING AND
17 ENVIRONMENTAL RESOURCES IN A FUTURE LAND USE
18 MAP BOUNDARY DETERMINATION REGARDING SQUARE
19 20, OCEAN ACRES (PB1-188), KEY LARGO, MONROE
20 COUNTY, FLORIDA, HAVING REAL ESTATE NUMBER
21 00454520.000000, AS REQUESTED BY MAGNOLIA 101, LLC.
22
23
24 WHEREAS, on December 2, 2016, the Monroe County Planning and Environmental
25 Resources Department received a request from Magnolia 101, LLC (Applicant) for a boundary
26 determination for property located at 101 Magnolia Street, Key Largo, to change the Future Land
27 Use Map (FLUM) designation of the Residential Low (RL) portion of the property to Mixed
28 Use/Commercial (MC), thereby designating the entire property as MC; and
29
30 WHEREAS, the subject property is legally described as Square 20, Ocean Acres (PBI-
31 188), Key Largo, Monroe County, Florida,having Real Estate Number 00454520.000000; and
32
33 WHEREAS, pursuant to MCC §102-21(b)(2)h., it is the authority and duty of the
34 Director of Planning to render interpretations of the official Future Land Use Map; and
35
36 WHEREAS, a Letter of Understanding (LOU) for the subject property was issued on
37 April 29, 2013, by the Planning Director at the time, Townsley Schwab, in which Planning
38 Director Schwab made the interpretation that Lot 20 is entirely within the MC future land use
39 category; and
40
41 WHEREAS, based on the preceding interpretation by the Planning Director Schwab,
;2 stat: .as uctcrmined that a drafting crror occurred on tnc o::.c.a: iar.:. use mmap and the future
43 land use map; and
44
45 WHEREAS, the Applicant is requesting a boundary determination in order to allow light
46 industrial use as a permitted use on the southeastern portion of the property; and
Resolution No.110 -2017 Pagel of 3
5342
I WHEREAS, the subject property currently has outstanding code enforcement violations
2 regarding clearing without the benefit of a building permit and expansion of a light industrial use
3 into the RL portion of the property without the benefit of a building permit; and
4
5 WHEREAS, a boundary determination for the FLUM on the subject property confirming
6 the designation MC for the entire parcel is just one of several steps the applicant must take to
7 receive building permits for a light industrial use on the southeastern portion of the parcel, which
8 is one of multiple options available to the applicant to move towards resolving the site's ongoing
9 code enforcement violations; and
10
11 WHEREAS, to resolve the error, the Board of County Commissioners must confirm the
12 interpretation of Planning Director Schwab before the boundary determination interpretation is
13 effective; and
14
15 WHEREAS, no official Boundary Determination was confirmed by the Board of County
16 Commissioners at the time of the 2013 LOU; and
17
18 WHEREAS, pursuant to MCC §102-158(e), typographical or drafting errors:
19 amendments to the text to correct typographical or drafting errors may be adopted by the BOCC
20 without posted notice or public hearing at any regular meeting; and
21
22 WHEREAS, pursuant to MCC §102-158(e), notice of such amendments shall be
23 transmitted to the State Land Planning Agency within 30 days; and
24
25 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
26 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
27
28 The interpretation of the official Future Land Use Map by Townsley Schwab, Senior Director of
29 Planning & Environmental Resources, recommending correction of the Future Land Use Map
30 boundary is hereby found to be in conformance with the standards set forth in the Monroe
31 County Land Development Code and is approved.
32
33 Section 1. The parcel of land legally described as Square 20, Ocean Acres (PB1-188), Key
34 Largo, Monroe County, Florida, having Real Estate Number 00454520.000000 shall be
35 designated as Mixed Use/Commercial (MC) on the Future Land Use District Map of the Monroe
36 County Comprehensive Plan(attached hereto as Exhibit A).
37
38 Section 2.The above conclusions of law are predicated upon the findings of fact and conclusions
39 of law outlined in the staff recommendation, which this Board hereby adopts as its own.
40
41 Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this
42 Resoluttion to the Monroe County Planning and Environmental Resources Department.
43
44 Section 5. The Clerk of the Board is hereby directed to forward a certified copy of this
45 Resolution to the Florida State Land Planning Agency as required by §102-158(e) of the Monroe
46 County Code.
Resolution No.110 -2017 Page 2 of 3
5343
1
2 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
3 Florida, at a regular meeting held on the 121h day of April, 2017.
4
5 Mayor George Neugent Yes
6 Mayor Pro Tem David Rice Yes
7 Commissioner Heather Carruthers Yes
8 Commissioner Danny L. Kolhage Yes
9 MONpOE COUNTY A' Y Commissioner Sylvia Murphy Yes
10 APPF (--1 I� AS TQr
11 pate. BOARD OF COUNTY COMMISSIONERS
12 OF MONROE COUNTY, FLORIDA
BY
ayor G rge Neugent
E V1N MADOK, CLERK
19 -
20 „
21 DEPUTY CLERK
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Resolution No.110 -2017 Page 3 of 3
5344
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The Monroe County Future Land Use Map is amended
as indicated below.
Boundary Determination amending Future Land Use Map designation of one parcel of land
in Key Largo having Real Estate Number 00454520-000000 from Mixed Use/Commercial and N
Residential Low(RL)to Mixed Use/Commercial(MC).
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Doc#2388237 Bk#3190 Pg#120 Electronically Recorded 8/18/2022 at 10:45 AM Pages 38
Filed and Recorded in Official Records of MONROE COUNTY KEVIN MADOK
ElectronicallyREC: $324.50
SETTLEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY
COMMISISONERS OF MONROE COUNTY, FLORIDA, MAGNOLIA 101, LLC, AND
BRIAN LINDBACK AS OFFICER OF MAGNOLIA 101, LLC,AND ATLANTIC TRASH
&TRANSFER LLC
Board of County Commissioners of Monroe County, Florida (hereinafter"Monroe
County" or the"County"), and Magnolia 101, LLC, Atlantic Trash & Transfer LLC, and
Brian Lindback as the sole managing member and officer of said entities (hereinafter
"Lindback"), hereafter collectively referred to as the "parties", hereby agree to settle any
and all disputes by and among the parties as it relates to the code enforcement cases,
liens and controversies referenced herein as follows:
1. WHEREAS, Magnolia 101 LLC currently owns those certain below-described
parcels of real property, and took title to them pursuant to that certain deed
recorded in the Official Records of Monroe County on or about March 51h, 2008,
at Book 2348, Page 1824, Document Number 1685024.
Squares 5 and 20, Ocean Acres, according to the Plat thereof, as recorded
in Plat Book 1, Page 188 of the Public Records of Monroe County, Florida.
2. WHEREAS, following administrative hearings brought pursuant to found
violations of the Monroe County Codes as memorialized in the Notices of
Violation and Final Administrative Orders previously issued and entered in those
certain Monroe County Code Compliance Department cases identified as Code
Enforcement Case No. CE07040209, Code Enforcement Case No. CE07040211,
Code Enforcement Case No. CE07040212, Code Enforcement Case No.
CE09050067, and Code Enforcement Case No_ CE13050096, the Monroe
County Code Compliance Special Magistrate issued the attached recorded Final
Administrative Orders, appended as Exhibit "A." hereto and hereby
Page 1 of 11
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Doc.#2388237 Page Number: 2 of 38
incorporated as if fully set forth herein, which are current liens of record against
the property of Lindback.
3. WHEREAS, the parties desire to compromise and settle and hereby stipulate
and bindingly agree to the following-
NOW, THEREFORE, for good and valuable consideration, the adequacy of
which is hereby expressly acknowledged and attested to by the parties, Lindback
and Monroe County hereby agree as follows:
Section 1 - Recitals.The foregoing recitals are true and correct and are hereby
incorporated as if fully set forth herein.
Section 2 -Settlement. The parties have entered into this Settlement
Agreement knowingly, freely, and voluntarily, having determined that they have
adequate information upon which to make informed decisions and having decided that it
is in their best interests to amicably resolve all code enforcement cases, liens and
controversies referenced herein.
A. Neither party is under coercion or duress. Neither has been forced into this
Agreement or threatened in any way.
B. Neither party knows of any fact or circumstance which would cause this
Agreement to be void or unenforceable.
C. Except as provided herein, the parties agree that each shall bear its own
attorneys' fees, costs and expenses arising out of, in connection with, or
related to, this matter, whether such fees, costs, or expenses have been
incurred prior to the execution of this Agreement or will be incurred after its
execution.
Page 2 of 11
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Doc.#2388237 Page Number: 3 of 38
D. Lindback agrees to the following:
1. Immediately upon the County's approval of this Agreement (such
approval being evidenced as the date of and in the form of the
undersigned Assistant County Attorney's executed approval of this
Agreement, as authorized by the approval and/or ratification of this
Agreement by the Monroe County Board of County Commissioners
("BOCC")at a public meeting of the BOCC, convey by warranty deed
the following real property over to the Monroe County Board of County
Commissioners:
A. The parcel referenced above as Square 5,' Ocean Acres,
according to the Plat thereof, as recorded in Plat Book 1, Page
188 of the Public Records of Monroe County, Florida"
(hereinafter"Square 5"); and
B. Said deed shall be issued and deposited in escrow with The
Jacobs Law Group, Attn: Russell Jacobs, 20700 West Dixie
Highway, Aventura, Florida 33180.
2. Affidavit of Clear Title and No Encumbrances.
A. Lindback (i.)warrants and certifies that Square 5 is held and
titled in the name of Magnolia 101, LLC, free and clear of any
encumbrances (other than the instant Monroe County code
enforcement liens and that certain mortgage given to First State
Bank of the Florida Keys (the "Mortgage")which shall be
'Also known as"Parcel 5,Ocean Acres, according to the Plat thereof,as recorded in Plat Book 1,Page
188 of the Public Records of Monroe County, Florida",and/or"Lot 5,Ocean Acres,according to the Plat
thereof, as recorded in Plat Book 1, Page 188 of the Public Records of Monroe County, Florida".
Page 3 of 11
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Doc.#2388237 Page Number: 4 of 38
released and satisfied at the time of conveyanceltransfer to
Monroe County), and fL warrants and certifies that Magnolia
101, LLC, has not conveyed Square 5 or any interest therein to
any natural or legal person.
B. Lindback (i.) warrants and certifies that it is true and correct
that as of the date of his execution of this Agreement no liens
(other than Monroe County's code enforcement liens and the
Mortgage which shall be released and satisfied at the time of
transfer to Monroe County), loans, mortgage encumbrances, or
non-mortgage encumbrances, encumber Square 5 [D warrants
and certifies that as of the date of his execution of this
Agreement said parcel is free of all liens (other than the instant
Monroe County code enforcement liens and the Mortgage which
shall be released and satisfied at the time of transfer to Monroe
County ), loans, mortgage encumbrances and non-mortgage
encumbrances, and LiiD warrants, certifies, and guarantees that
no such liens, or loans, or encumbrances of any kind will be
executed, placed on, or recorded regarding or relating to Square
5 between the date of his execution of this Agreement and the
later date of his execution of a warranty deed conveying Square
5 to Monroe County and the date said executed warranty deed
is recorded by the County.
Page 4 of 11
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Doc.#2388237 Page Number: 5 of 38
3. By executing and authorizing recordation of this Settlement Agreement,
Lindback waives any and all challenge to, and consents to, Monroe
County's official determination that neither Minor Conditional Use
Permit/Minor Conditional Use Development Order No. 2-02, recorded at
Book 1790, Page 1377, Document No. 1305054, of the Public Records of
Monroe County, Florida ("CUP No. 2-02"), nor any other development
order, development permit, act, omission, decision, or representation of
Monroe County authorize rock crushing and/or pulverization, concrete
pulverization and/or crushing, the separation or sorting or fragmentation or
hammering or extraction or excavation of concrete, rocks, or rubble by
means of equipment or machine(s), and the separation or sorting or
fragmentation or hammering or extraction or excavation of rebar or similar
materials from concrete, rocks, rubble, or debris by means of equipment
or machine(s) on Square/Lot 20, and that by executing and authorizing
recordation of this Settlement Agreement, he and his successor(s)-in-
interest and/or successors)-in-title are at present prohibited from
engaging in such land use, activity, or operation. Monroe County
reciprocally agrees that this acknowledges and attests to the current
history of development approval(s) for Square/Lot 20 referenced above
and does not function as a restrictive covenant upon said property, and
that this does not bar Lindback or his successor(s)-in-title or interest from
submitting one or more applications requesting approval of an
amendment to CUP No. 2-02 and/or submitting one or more applications
requesting
Page 5 of 11
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Doc.#2388237 Page Number: 6 of 38
approval of an amendment to CUP No. 2-02 and/or submitting one or
more applications requesting additional development orders or
development permits otherwise authorizing such land use, activity, or
operation. It is specifically understood an agreed that nothing
contained herein shall prohibit Lindback or his successors)-in-title or
interest from accepting and receiving concrete, rocks, rubble, or debris
and transferring said materials off Square 20 without engaging in any
of the prohibited activities described above.
4. Monroe County guarantees that it shall, without any bias or
consideration of past Code violations involving Lindback, exercise
utmost professional neutrality in evaluating any and all development
applications submitted by Lindback or his successors)-in-title or
interest to either the County or to the State of Florida, including but not
limited to application(s) submitted to the Department of Environmental
Protection.
E. In the event Lindback or his successor(s)-in-title or interest does not comply
with the obligations memorialized at foregoing Paragraph "D.", after receiving
notice of the same and failed to cure the same within 30 days of receiving
said written notice, then the parties agree that Monroe County shall be
entitled to a stipulated judgment immediately enjoining any prohibited conduct
or actions and an order imposing a daily fine of$250.00 per day for said
prohibited activity until compliance. If after the execution of this Agreement,
and compliance with the terms and conditions herein, Lindback sells or
Page 6 of 11
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Doc.#2388237 Page Number: 7 of 38
divests himself of all title or interest in the subject properties to an unrelated
party or entity, the unrelated party or entity shall be subject to the
enforcement provisions contained herein, and he shall not be subject to any
enforcement provisions contained herein. In addition, if Monroe County fails
to comply with its obligations as set forth in this Agreement, then Monroe
County shall be obligated to convey Square 5 back to Lindback and/or his
successors and/or assigns.
F. Satisfaction and Release. Simultaneously with (i.)the executed warranty
deed of Square 5 being conveyed to Monroe County being delivered into
escrow and ii. after recordation of this executed Settlement Agreement,
Monroe County agrees that:
1. It shall issue a recordable instrument and deposit the same in escrow
with The Jacobs Law Group, Attn: Russell Jacobs, 20700 West Dixie
Highway, Aventura, Florida 33180:
a. Deeming fully satisfied and forever releasing Lindback and his
property from any and all outstanding fines and/or costs associated
with the County's above-referenced final administrative orders
recorded as liens, the Final Judgment filed in Case No. 2013 CA-
945-P, Document No. 2121990 recorded at Book 2853, Page 237,
the Notice of Lis Pendens Document No. 1997973, recorded at
Book No 2703, Page 923, and any and all other liens or violations
against Lindback and/or any of his or his properties referenced in
this Agreement; and
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b. Releasing Lindback and his property from the County's operative
conservation easement on Square 20 referenced more fully above,2
appended as Exhibit"B."
2_ The Monroe County Planning and Environmental Resources
Department shall not object to or recommend denial of an application
for a right-of-way abandonment petition submitted by Lindback or his
successor(s)-in-title or interest, that requests abandonment of the
portion of the right-of-way of Hibiscus Street laying between
Squares/Parcels/Lots 20 and 23, of the Ocean Acres Subdivision, as
recorded in Plat Book 1, page 188, on Key Largo, Florida, more
particularly depicted on the aerial appended as Exhibit "C."
3. The Monroe County Planning and Environmental Resources
Department shall not object to, deny, or recommend denial of any
application(s) submitted by Lindback or his successors-in-title or
interest seeking to expand development(whether in the form of
clearing, construction, operations, etc.) into the right-of-way area upon
abandonment and former conservation easement area upon release,
assuming all Land Development Code and Comprehensive Plan
requirements are met,
G. Mortgage. In no event shall the interpretation or operation of this Agreement
be construed or applied to have Monroe County assume the Mortgage or any
responsibility or liability arising thereunder, in whole or in part. The Mortgage
That certain operative Corrective Grant of Conservation Easement recorded at Book 2394, Page 2283,
Document No. 1725484,of the Public Records of Monroe County,Florida.
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shall be released and satisfied in the land records of Monroe County
immediately prior to recorded conveyance of the Square/Parcel 5 over to the
County.
Section 3 -Jurisdiction. The Circuit Court of the 1 V Judicial Circuit in and for
Monroe County, Florida, shall have jurisdiction over this Settlement Agreement for the
sole purpose of enforcing its terms.
Section 4 -Good Faith. These settlement negotiations have been undertaken
by the parties in good faith.
Section 5 -Choice of Law: Governing Law; Venue. This Aareement is not
subject to arbitration and shall be governed by, and construed and enforced in
accordance with, the laws of the state of Florida, and venue for all claims, controversies,
or disputes relating to this Agreement shall remain in the Circuit Court of the 161h Judicial
Circuit in and for Monroe County, Florida.
Section 6 - Binding Effect. It is agreed and understood that this Agreement
shall be and is binding upon the parties hereto, including their successors-in-interest.
Section 7 - Inconsistency, Partial Invalidity, Severability, and Survival of
Provisions. If any provision or term of this Agreement, or any portion(s)thereof, is/are
in any way invalidated by any administrative hearing officer or court of competent
jurisdiction, such invalidation shall neither limit nor impair the validity or operation of any
other provision or term, or remaining portion(s)thereof. All such other provision(s) and
term(s), or portion(s)thereof, shall continue unimpaired in full force and effect.
Section 8 - Integration. This Agreement constitutes the entire Agreement and
any representation or understanding of any kind preceding the date of the parties'
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written final approval of this Agreement not specifically and expressly memorialized
herein is not binding on either of the parties except to the extent that it has been
specifically and expressly memorialized in this Agreement.
Section 9 -Non-Reliance by Third-Parties. No non-signatory person(s) or
entity(ies) shall be entitled to rely upon any conditions, provisions, or terms of this
Agreement to enforce or attempt to enforce any third-party clalm(s) or entitlement(s) to
or benefit(s)from any conditions, provisions, or terms hereunder.
Section 10 - Execution in Counterparts. The parties acknowledge and agree
that this Agreement may be executed in one or more counterparts, each counterpart
shall be considered an original portion of this Agreement, and all which constitute a
single instrument.
Section 11 - Effective Date. Once fully and finally executed by Magnolia 101
LLC and the County, this Agreement shall be considered legally effective and binding.
Section 12 - Exhibits/Scrivener's Errors. The Monroe County Board of County
Commissioners authorizes the Monroe County Attorney and counsel representing the
Monroe County Attorney's Office in this matter to insert all exhibits referenced herein,
and to correct any scrivener's errors within this Agreement, prior to written execution of
this Agreement on the County's behalf as authorized and approved by the Board of
County Commissioners following a duly noticed public meeting of the Monroe County
Board of County Commissioners at which this Settlement Agreement is considered.
&jq
WIITNESSESS TO ALL: APPROV€D C �bt�-Om 0
Witness No. 1 (Print Name) Brian Lindback (Signature)
Page 10 of 11
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r.
Witness Nb. 1 (Signature)
Witness No. 2 (Print Name)
G�Ti( G{ 46V—Z '
Witness No. 2 (Signature)
STATE OF FLORIDA COUNTY OF MONROE
The foregoing Settlement Agreement, was acknowledged and attested before me this
171h day of August, 2022, Brian Lindback, who is personally known to me or produced
as proof of i entification and did take an oath.
�O) ) C .-L. " "3 r
ANN C.DEROMO
Commisslon#GG352724 Notary Public{Print Name)
�t Expires November 8,2023 _
Foi Ik1l BondodituueW P'NoUrySOMM3
Notary Public Seal Notary Public (Signature)
i
ON BEHALF OF MONROE COUNTY, FLORIDA:
8/17/22
Peter H. Morris Date
Assistant County Attorney
FBN: 104101
Morris-Peter@MonroeCounty-FL.gov
Monroe County Attorney's Office
1111 12th Street, Suite 408
Key West, FL 33040
Telephone: (305) 292-3470
Telefax: (305) 292-3516
Page 11 of 11
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xh 'ib 'lt
■
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BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE
LARRY J.SARTIN
MONROE COUNTY,FLORIDA
MONROE COUNTY,FLORIDA CASE NO.CE07040209
Petitioner.
Doca 1670155 11/09/2007 10:45AM
Flied d Recorded in Official Records of
vs. MONROE COUNTY DANNY L. KOLHAGE
OCEAN ACRES RECYCLING,LLC Doe# 1670155
Respondent(s). Bkp 2330 P9# 1372
ORDER IMPOSING ADMINISTRATWE COSTS
AND ORDER OF TIMELY COMPLIANCE
THIS CAUSE having come on for public hearing before the Code Enforcement
Special Magistrate on August 30th 2007, at the Monroe County Government Regional
Center, located at 2798 Overseas Highway, Marathon, Florida, the Special Magistrate,
having reviewed the evidence, heard testimony under oath and being otherwise fully
apprised in the premises, makes the following findings of fact and conclusions of law:
1. That the Special Magistrate has jurisdiction over the subject matter of this
action;
2. That the Respondent(s)was/were properly served with notice of hearing
held in this matter and is/are subject to the orders of the Special Magistrate;
3. That the violation(s)alleged in this matter exist(s)in relation to: MONROE
COUNTY RIGHT OF WAY AT OCEAN ACRES,KEY LARGO,MONROE
COUNTY,FLORIDA;
4. That the above named Respondent(s)has achieved timely compliance;
Therefore it is
ORDERED AND ADJUDGED that this case is dismissed.
5. That pursuant to Florida Statutes Section 162.07, a cost in the amount of
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$100.00 (ONE HUNDRED DOLLARS)is hereby levied for the
administrative recovery for prosecution and investigation. Said fine, if not
paid within thirty (30) days of this order, shall be recorded in the public
records of Monroe County and shall thereafter constitute a lien against the
land on which the violation or violations existed and upon any other real or
personal property owned by the violator(s).
DONE AND ORDERED at the Division of Administrative Hearings, Tallahassee,
Florida,on this Vh day of August,2007.
Larry J. Sarl
Code Enforcement Special Magistrate
DOCK 1670255
STATE OF FLORIDA 8kp 2330 PgN 1373
COUNTY OF LEON
I HEREBY CERTIFY that on this day before,me,an officer duly qualified to take
acknowledgments, personally appeared Larry J. Sartin, personally known to me, who
executed the foregoing and acknowledged before me that he executed the same.
WITNESS my hand and official seal in the County and State last aforesaid on on
this 30th day of August, 2007.
�.W Karen L.l3aw
I MY l 0Mft&M DC033M
Notary blic VQPV E'er JW*n.2M
1 HEREBY CERTIFY that a true and correct copy of the above has been furnished
to the Respondent(s) by U.S. Mail attn: Carl Lindbeck at P.O. Box 489, Islamorada, FL
33036,on this 301h day of August,2007.
ya -1.
Kar4 I..Bass
Co0i Enforcement Liaison
Please make check or money order payable to Monroe County Code Enforcement and mail io 2798
Overseas Highway,Marathon,FL 33050. This must be paid within 30 days or this order will be recorded
with the Clerks'office and constitute a lien on the above mentioned property.
MONROE COUNTY
OFFICIAL RECORDS
5360
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Doc# 2684912 03/04/2008 3:00PM
Filed & Recorded in Official Records of
MONROE COUNTY DANNY L. KOLHAGE
Doo# 1664912
Bk# 2348 P90 1434
BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE
LARRY J. SARTIN
MONROE COUNTY, FLORIDA
MONROE COUNTY,FLORIDA, CASE NO. CE07040211
Petitioner.
VS.
OCEAN ACRES RECYCLING, LLC
Respondent(s).
FINDINGS OF FACT, CONCLUSIONS OF LAW,AND ORDER
THIS CAUSE having come on for public hearing before the Code Enforcement Special Magistrate
on July 27'2007, at the Monroe County Government Regional Center, located at 2798 Overseas
Highway, Marathon, Florida, the Special Magistrate,having reviewed the evidence, heard testimony
under oath and being otherwise fully apprised in the premises, makes the following findings of fact and
conclusions of law:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
1. That the Respondent(s)is/are the owner of record of property located at:
OCEAN ACRES, PB1-188, KEY LARGO LOT 20, MONROE COUNTY, FLORIDA
(RE#00454520-000000);
2. That the Respondent(s)was/were duly noticed of this hearing; and
3. That the above-named property is in violation of the Monroe County Code as more
particularly described in Exhibit "A", which is attached hereto and incorporated herein.
Therefore it is
ORDERED AND ADJUDGED that:
A. Respondent(s)is/are in violation of the Monroe County Code(s)and is/are ordered to
l
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comply with the provisions of said codes by August 23rd 2007. A compliance /review
hearing will be held on August 30"2007. CONTAINERS ARE TO BE REMOVED BY
COMPLIANCE DATE,OR FINES WILL BEGIN ACCRUING.
B. Upon complying, Respondent(s) shall notify the Code Inspector in this case who shall
re-inspect the property and notify the Code Enforcement Department of compliance.
C. Noncompliance by the above date will result in the imposition of a fine, $250.00
(TWO HUNDRED FIFTY DOLLARS), per day, for each day thereafter that
Respondent(s)is/are in violation.
D. Pursuant to Florida Statutes Section 162.07, a cost in the amount of$100.00(ONE
M HUNDRED DOLLARS)has been levied for the administrative recovery for prosecution and
a investigation.
N a
QE. In the event of nonpayment of fines/liens imposed, a certified copy of an order imposing a fine
may be recorded in the public records and shall thereafter constitute a lien against the land on
N
aY which the violation or violations exist and upon any other real or personal property owned by
cm
the violator(s).
F. You have the right to appeal this order to the Circuit Court of Monroe County. If you wish to
appeal,you must do so no later than thirty(30) days from the date of this Order. Failure to
timely file a written Notice of Appeal will waive your right to appeal.
DONE AND ORDERED at the Division of Administrative Hearings, Tallahassee, Florida, this
day of August, 2007.
Larry J. S
Code Enforcement Special Magistrate
STATE OF FLORIDA
COUNTY OF LEON
I HEREBY CERTIFY that on this day before me, an officer duly qualified to take
acknowledgments,personally appeared Larry J. Sartin, personally known to me, who executed the
foregoing and acknowledged before me that he executed the same.WITNESS my hand and official seal in the County and State last aforesaid this y of
August, 2007.
_ 1 -)
Notary Public T
Elma Williams
Commission#D0481642
'4 Expires December 2 2Wi
h 8Wd1d T1"FW uwwcl uir EOD M5-70tD 2
5362
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EXHIBIT "A" DoeN 1684912
Bk" 2348 P9N 1436
VIOLATION(S):
COUNT 1. Pursuant to Monroe County Code§9.5-111(1)- A building permit is
required prior to the following: (1)Any work specified in chapter 6.0; Land clear without
benefit of a permit.
CORRECTION(S):
COUNT 1. Please contact the Monroe County Building Department and the Monroe County Biologist
and obtain an after the fact permit for land clear,and obtain a restoration agreement.
Containers are to be removed by compliance date,or fines will begin accruing.
CONTACT YOUR CODE INSPECTOR UPON COMPLIANCE
Upper Keys(305)852-7135
Middle Keys(305)289-2810
Lower Keys(305)292-4495
I HEREBY CERTIFY that a true and correct copy of the above has been furnished to the
Responde t via first-class mail Attn: Carl Lindbeck(Mgrm)P.O. Box 489,Islamorada, FL 33036,
this �y of August, 2007.
Code nforcement Liaison
Kare . Bass
Please make check or money order payable to Monroe ounty Code Enforcement and mail to 2798 Overseas
Highway, Marathon, FL 33050.
MONROE COUNTY
OFFICIAL RECORDS
3
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BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE
LARRY J. SARTIN
MONROE COUNTY, FLORIDA
Doc# 1685923 03/12/2008 9.26AM
MONROE COUNTY, FLORIDA Filed & Recorded in Official Records of
Petitioner, MONROE COUNTY DANNY L. KOLHAGE
vs. CASE NO. CE07040212
OCEAN ACRES RECYCLING, LLC DocN 1585923
Respondent(s). Bka 2349 Pq# 1970
ORDER IMPOSING PENALTY/LIEN
THIS CAUSE having come on for public hearing before the Special Magistrate on July
27, 2007, at the Marathon Government Regional Center, located at 2798 Overseas
Highway, Marathon, Florida, after due notice to the Respondent(s), at which time the
Special Magistrate heard testimony under oath, received evidence, and issued his Order
finding the Respondent(s) in violation of Monroe County Code Section(s): §9.5-111(1),
§9.5-236(a)(5).
Said Order, and subsequent orders, required the Respondent(s) to correct the
violation(s) by August 23, 2007, and further, that failure to correct the violation(s) by
the compliance date would result in a fine $250.00, (TWO HUNDRED FIFTY
DOLLARS) per day, being imposed for each day thereafter that there is
noncompliance. At the hearing of the Special Magistrate held on January 31" 2008,
Inspector Link testified that the violation(s)had not been corrected:
ACCORDINGLY, the Special Magistrate finding that the violation(s) had not
been corrected, as previously ordered, it is hereby:
ORDERED that the Respondent(s) pay to Monroe County, Florida, a fine in the
amount of$250.00, (TWO HUNDRED FIFTY DOLLARS)per day, beginning August
24, 2007, and for each and every day thereafter that the violation(s) exist(s) and/or
continue(s) to exist. Pursuant to Florida Statutes Section 162.07, a cost in the amount
of $100.00 (ONE HUNDRED DOLLARS) is hereby levied for the administrative
recovery for prosecution and investigation.
THIS ORDER SHALL CONSTITUTE A LIEN AGAINST THE LAND ON WHICH
THE VIOLATION(S) EXIST(S) AND UPON ANY OTHER REAL OR PERSONAL
PROPERTY OWNED BY THE VIOLATOR(S).
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THE VIOLATIONS) EXIST(S) ON THE FOLLOWING DESCRIBED PROPERTY:
OCEAN ACRES PBl-188 KEY LARGO LOTS 35-36 & 45, KEY LARGO,
MONROE COUNTY, FLORIDA (RE:00454110-000000). 00
X O
an
as
Pursuant to Section 162.09, Florida Statutes, this lien may be recorded with the Clerk w
of the Courts for Monroe County, Florida. On
o
ro
�N
That upon complying, the Respondent(s) shall notify the Code Inspector in this n"
case, who shall reinspect the property and notify the Special Magistrate of compliance. W
►+
DONE AND ORDERED this ;77X day of February,2008, at the Division of
Administrative Hearings, Tallahassee, Florida.
BY
Larry J. Sart
Code Enforcement Special Magistrate
STATE OF FLORIDA
COUNTY OF LEON
I HEREBY CERTIFY that on this day, before me, on officer duly authorized in
the State aforesaid and in the County aforesaid, to take acknowledgments, personally
appeared Larry J. Sartin, personally known to me, who executed the foregoing and
acknowledged before me that he executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this
day of February, 2008.
Eltna Williams
Eommission#DD481642
'
*res December 2,2009
Notary Public BOd dTeo,Fin jm.mn Inc 90-305-7019
I HEREBY CERTIFY that a true and correct copy of the above and foregoing
Order Imposing Penalty/Lien has been furnished by U.S. Mail, to the Respondent(s)to
the ATTN: )Carl E. Lindback III (Manager & RA) P.O. Box 489, Islamorada, FL
33036 , this y of February, 2008.
Karen . Bass,
Code forcement Liaison
MONROE COUNTY
OFFICIAL RECORDS
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BEFORE THE COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE
MONROE COUNTY,FLORIDA
MONROE COUNTY FLORIDA, ) l �4 �,bl�
Petitioner, ) Case No.CE (:)/��)ll ` ,�
vs_ )
Subject Property Real Estate Number:
Oa2N. !A LAE),An-Q )0
Doep 1756931 08/31/2009 10:03AM
Filed A Recorded in Official Records of
MONROE COUNTY DANNY L. KOLHAGE
Respondent(s). ) Docq 17156931
Bk# 2429 logn 846
FINAL ORDER
Having fully considered the evidence presented at hearing,including testimony of the Code Enforcement Inspector(s)andlor witnesses under oath,the following
Findings of Fad and Conclusions of Law are ORDERED:
The Respondent /or Authorized Representative __ wer were not
7pre nt and did ld n test the violation(s)set forth in the Notice of Violation/Notice of Hearing which Is Incorporated herein as if fully set forth.
)The Respondent(s)is/are the owner(s)of property located within Monroe County and washvere duty noticed of the hearing.The Respondent(s)is/are in violation of
the Monroe County Code(s)as fully set forth in the Notice of Violation/Nctice of Hearing filed in this case and pursuant to Section 162.07 of Florida Statutes costs in an
amount to be determined at the conclusion of this case are hereby levied for the administrative recovery of the costs of prosecuting and Investigating this matter.Costs
will continue to accrue until compliance Is achieve d�q� �isiC9dy Furthermore,the Resp(ndent(s)shall comply with those Code(s)referred to in the Notice of
Vi�oll///aation/Notice of Hearing on or before `�14 �` THE COMPLIANCE DATE").
( n the event the viclation(s)were or are not corrected on THE COMPLIANCE DATE PREVIOUSLY ORDERED or on THE COMPLIANCE DATE SET FORTH
H REIN,fine(s)in the amount of: 30
for each day beginning on THE DAY AFTER THE COMPLIANCE DATE that the Respondent(s)isiare in violation is/are hereby ORDERED.
( )a one time fine of$ is ORDERED,and the condition causing the violation(s)is found to present a threat to the
public health,safety and welfare. It is further ordered,that the County is hereby authorized to make all reasonable repairs which are required to bring the property into
compliance and charge the respondent(s)with cost of repairs including administrative recovery of the costs of prosecuting and investigating this matter.
( )The Respondent(s)is/are ordered to attend a compliance/review hearing to be held on 20 .
IT IS THE RESPONI)ENTIS1 RESPONSIBILITY TO REQUEST A REINSPECTION TO DETERMINE WHETHER THE PROPERTY IS COMPLIANT BY CALLING
CODE ENFORCEMENT AT (3051453-8806 FOR THE UPPER KEYS:(305)289-2810 FOR THE MIDDLE KEYS:(305)ZV-4495 FOR THE LOWF.R KEYS.
In the event of nonpayment of fines and costs Imposed on Respondent(s),a certified copy of this Order may be recorded In the public records and shall
thereafter constitute a lien against the land on which the violation or violations exist and upon any other real or personal property owned by the violator.
The County may Institute foreclosure proceedings If the lien remains unpaid for three months.Please make checks payable to Monroe County Code
Enforcement and mall to:Monroe County Code Enforcement,Attn:Office of the Liaison,2798 Overseas Hwy.,Suite 330,Marathon,FL 33050.
( ) The Respondent(s)were in violation of the MONROE COUNTY Code(s)as fully set forth in the Notice of Violation/Notice of Hearing filed in this case and did not
come into compliance on or before THE COMPLIANCE DATE but are now in compliance.The Respondent(s)shall pay the total amount of cost and/or fines
($ 1 to Monroe County Code Enforcement within thirty(30)days of this Order.
(� EA-5-4 A�� �►�T ,e. �� �o a'�Cl�? AsR.l�iz2
DATED this a7( TA_day of—Avbmum 20-M. 01
LARRY J.S IN Magistrate
APPEAL PROCEDURES
Respondent(s)shall have 30 days from the date of the foregoing Order of the Special Magistrate to appeal said Order y filing a Notice of Appeal,signed by
the Respondent(s). ANY AGGRIEVED PARTY, INCLUDING MONROE COUNTY, MAY HAVE APPELLATE RIGHTS WITH REGARD TO THIS ORDER
PURSUANT TO SECTION 162.11,FLORIDA STATUTES. ANY SUCH APPEAL WILL BE LIMTITED TO APPELLATE REVIEW OF THE RECORD CREATED
BEFORE THE SPECIAL MAGISTRATE. ANY APPEAL MUST BE FILED WITH CIRCUIT COURT WITHIN 30 DAYS OF THE EXECUTION OF THIS ORDER,
CERTIFICATE OF ORJ)ER AND SEF MCE
I hereby certify that this is a true en of the above Order and that a true and coned copy has been furnished to the t )antl/or Authorized
Representative via ha�n^d delivery ss U. address of record with the Monroe County Property Appraiser's Office on this day of
I T. 20_C
MONROE COUNTY
OFFICIAL RECORDS Nicole M.Patrick,Code Enforcement Liaison e—
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Doea 1970700 02/28/2014 10:374M
F R a Records of
MONROECOUNTY AMofficial
HERVILIN
Doc# 1970700
BkN 2673 PSN 538
r
BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE
JOHN G.VAN LANINGHAM
MONROE COUNTY,FLORIDA
MONROE COUNTY FLORIDA, )
Petitioner, )
vs. ) Case No. CE13050096
MAGNOLIA 101 LLC; )
ATLANTIC TRASH AND )
TRANSFER LLC; and )
BRIAN LINDBACK, )
Respondents. )
FINAL ORDER
This case came before the Code Compliance Special Magistrate for final hearing by
video teleconference on September 26,2013,at sites in Marathon and Tallahassee,Florida.
Petitioner Monroe County("County")was represented by Steven T.Williams,Esquire,Assistan
County Attorney. Scott C. Black,Esquire,represented Respondents.
The County initiated this proceeding on June 17,2013,by issuing a Notice of Violation
("NOV") against Respondents. As charged in the NOV, the property at issue (the "Property")is
located at 101 Magnolia Street,Key Largo,Florida,and has been assigned real estate number
0045420-000000. The County alleges that the Property is in violation of the Monroe County,
Florida Code("Code")on five separate grounds. The NOV provides,in relevant part,as follows:
[Count!] 130-74.(a)-ACCESSORY USES/AUTHORIZED USE
No land in the county shall be developed,used or occupied unless
expressly authorized in Monroe County Code Chapter 130.
Page 1 of 7
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Doc# 1970700
BkO 2673 P90 539
[Count 11] 130-94.-SUBURBAN RESIDENTIAL DISTRICT
(Count 1)
The establishment of a heavy industrial use,in the form of resource
extraction,without the benefit of a permit is prohibited. ...
[Count 111] 130-94.-SUBURBAN RESIDENTIAL DISTRICT
(Count 2)
The activities beyond the approved area of Lot 20(such as the
production and transfer of mulch and use of public property for
heavy equipment),are light and heavy industrial uses and are not
permitted ....
[Count IV] 21-21.(b)-ILLEGAL DISPOSAUROADS/WATER/
x
[Count V] 118-40—GENERAL RESOURCE EXTRACTION
STANDARDS
All resource extraction activities must comply with the provision
of MCC Sec. 118-41 and Sec. 118-42.
During the final hearing,the parties reached an agreement to settle Counts 1, 111, and IV.
The parties'written agreement concerning these charges has been incorporated into this Final
Order.
At hearing,the County presented as witnesses its employees Kathleen Windsor,Diane
Link,and Michael D. Roberts. Petitioner's Exhibits 1—90 were received in evidence.
Respondents called Brian Lindback as their sole witness and offered no exhibits.
Having fully considered the evidence presented at hearing,and having considered the
parties'respective proposed final orders,the following findings of fact and conclusions of law
are made.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
1. Respondent Magnolia 101,LLC("Magnolia "),a Florida corporation,owns the
Property. Respondent Brian Lindback("Lindback")is the president of Magnolia. He is also the
president of Respondent Atlantic Trash and Transfer,LLC.
Page 2 of 7
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00cU 1970700
Skq 2673 P9N 540
2. The Property is a square parcel sometimes referred to as Lot 20. Magnolia owns three
other square parcels located near Lot 20 on Magnolia Street in Key Largo, Florida. Each of
these parcels—known respectively as Lots 1,4,and 5—has a unique real estate number.` The
NOV does not allege that Lots 1,4,and 5,are in violation of the Code,either collectively or
separately.
3. To remedy past Code violations,Magnolia was required to replant trees on portions of
Lots 1,4,and 20. To perform this work, Magnolia retained Conch Tree Landscaping("Conch
Tree"). Conch Tree applied for permits but, as of the final hearing,none had been issued.
4. On or about May 8,2013,during an inspection of Magnolia's property,Kathleen
Windsor,a County Code Compliance officer,observed trenches in the ground from which coral
rock had been removed. Coral rock is a commercially valuable natural resource. Ms. Windsor
saw a trench digger parked near the trenches; it appeared to be temporarily disabled by a broken
"tooth." Parked next to the trench digger was a truck on which the name Caputo Electric Inc.
was prominently displayed.
5. On May 10,2013,a Stop Work Order was issued and posted on Respondents'
property.
6. The County obtained a survey to determine the location and extent of the trenching
and excavation. The survey shows,and the parties agree,that none of the trenching and coral
rock mining occurred on Magnolia's property. Rather,it is undisputed that the digging and rock
removal took place primarily on a County owned right-of-way and partially on state owned land.
The extraction of coral rock happened near(but not on)Magnolia's Lots 1,4,and 5. Of
Magnolia's four parcels in the area, Lot 20,which is the Property at issue,is the farthest away
from the site of the coral rock removal.
7. No persuasive evidence was adduced showing that Respondents used the Property
(Lot 20) as alleged in the NOV,namely as a site for heavy industry in the form of resource
extraction, i.e.,coral rock removal. Based on the evidence in the record,the undersigned finds
that the County failed to prove the allegation that Respondents established a heavy industrial use
on the Property.
' Lot 1 is assessed under real estate number 00454110-000000. Lot 4 is assessed under real
estate number 00454220-000000. Lot 5 is assessed under real estate number 00454230-000000.
Page 3 of 7
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S kpM267307P94 541
8. The parties sharply dispute the County's contention that Respondents directed,
authorized, controlled,or acquiesced to the coral rock removal that everyone agrees took place
on County and state property. The County concedes that it offered no direct evidence of such
involvement by Respondents but argues that Respondents'culpability can and should be inferred
from the circumstances. Lindback,during his testimony,explicitly and unambiguously denied
having ever ordered or authorized any work to be performed anywhere without the benefit of a
permit. It is difficult to imagine,however,given the nature and scope of the activities at issue,
that Lindback could have been completely unaware of the trenching and rock removal,which
were apparently being conducted by the contractor he had retained to perform landscaping work
on Magnolia's property. Likewise hard to explain is the question of why Conch Tree would have
commenced extracting coral rock,if not at Respondents'direction;presumably,someone
requested the work,but who? Unfortunately, no one from Conch Tree(or Caputo Electric Inc.)
testified at the final hearing.
9. As it happens, it is not necessary to resolve the dispute about Respondents'alleged
involvement in the trenching and rock removal because,as found above,the evidence fails to
establish that such uses occurred on the Property,which is essential to the charges set forth in the
NOV. Thus,even assuming for argument's sake that Respondents caused the coral rock to be
removed,the Property is not in violation of the Code as charged here.
10. To be clear, the determination that Respondents are not guilty of the specific
violations alleged in Counts II and V of the NOV is not equivalent to a finding that they are
necessarily innocent of all wrongdoing in connection with the extraction of coral rock from
County and state property. There might be other Code violations besides these,which the
County could allege in a subsequent notice. Moreover,the unauthorized entry upon someone
else's land to dig up and remove valuable coral rock without the owner's permission likely would
cause injuries or damages for which the owner could seek redress outside of Code enforcement
channels.
Therefore it is:
ORDERED AND ADJUDGED:
1. Based on the agreement of the parties,Respondents arc found in violation of the Code
as charged in Counts 1 and I11. The Property will be checked for compliance on December 17,
Page 4 of 7
5370
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DocU 1970700
Bkp 2673 Pgtt 542
2013. The parties agree that the completion of the following measures will achieve compliance
for these charges:
(a) Clear all Special or Yard Waste off Conservation Easement
portion of Lot 20,Lot 4 and County ROW.
(b) Use of Heavy Industrial Equipment on Conservation
Easement, Lot 4 and County ROW is authorized for the removal of
Special or Yard Waste.
(c) All Heavy Equipment,Storage Containers and Industrial
vehicles shall not be parked or stored on restricted property or
County ROW. However temporary parking for loading and
unloading for the removal of Special or Yard Waste shall be
permitted.
(d) All authorized commercial activities shall be confined to the
Commercial Portion of Lot 20 and conducted within the guidelines
of Development Order 2-02.
2. Based on the agreement of the parties,Respondents are found in violation of the Code
as charged in Count IV. The Property will be checked for compliance on October 4,2013. The
parties agree that compliance will be achieved with the removal of Special Waste of any kind
j from County ROW and all boulders from Lot 1.
i3. In the event the violations are not corrected on or before the applicable compliance
dates specified above,daily fines in the following amount,per violation,will begin to accrue on
the day after the compliance date for each noncompliance:
Count I: 130-74(a) $250.00
Count III: 130-94 $250.00
Count IV: 21-21(b) $250.00
4. Respondents are not in violation of Monroe County Code sections 130-94 and 1]8-40
as charged in Counts lI and V of the NOV.
5. Pursuant to section 162.07,Florida Statutes,costs in an amount to be determined at
the conclusion of this case are hereby levied for the administrative recovery of the costs of
I Page 5 of 7
I
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Bk# 26cti 7307Pgp 543
prosecuting and investigating this matter. Costs will continue to accrue until compliance is
achieved and the case is closed.
6. In the event of nonpayment of fines and costs imposed on Respondent,a certified
copy of an order imposing fine may be recorded in the public records and shall thereafter
constitute a lien against the land on which the violation or violations exist and upon any other
real or personal property owned by the violator.
DONE AND ORDERED at the Division of nistrative Hearing,Tallahassee, Florida,
this 1 day of February,2014.
Laningham
Code Compliance Special Magistrate
In the event of nonpayment of fines and/or costs imposed on Respondent(s),a certified cope
of this Order may be recorded in the public records and shall thereafter constitute a lien
against the land on which the violation or violations exist and upon any other real or
personal property owned by the violator.The County may institute foreclosure proceedings
if the lien remains unpaid for three months and/or may sue to recover money judgment for
the amount of the lien plus accrued interest. Please make checks payable to Monroe
County Code Compliance and mail to: Monroe County Code Compliance, Attn: Office of
the Liaison,2798 Overseas Hwy.,Suite 330,Marathon,FL 33050.
APPEAL PROCEDURES
Respondent(s)shall have 30 days from the date of the foregoing Order of the Special Magistrate
to appeal said Order by filing a Notice of Appeal, signed by the Respondent(s). ANY
AGGRIEVED PARTY, INCLUDING MONROE COUNTY, MAY HAVE APPELLATE
RIGHTS WITH REGARD TO THIS ORDER PURSUANT TO SECTION 162.11, FLORIDA
STATUTES. ANY SUCH APPEAL WILL BE LIMITED TO APPELLATE REVIEW OF THE
RECORD CREATED BEFORE THE SPECIAL MAGISTRATE. ANY APPEAL MUST BE
FILED WITH CIRCUIT COURT WITHIN 30 DAYS OF THE EXECUTION OF THIS
ORDER.
CERTIFICATE OF ORDER
I h reby certify that this a true and correct copy of the above Order.
Nicole M. Petrick,Liaison
Page 6 of 7
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Doem 2970700
Bkq 2573 PqV 544
CERTIFICATE F SERVICE
I hereby certify that a true and correct copy of this Order has been furnished to the Respondent(s�
via hand delivery / first cias .S. mail to Respondent(s) address of record with the Monroe
Count Property Appraiser's Office as referenced above and/or Authorized Representative
uca ,�fQt S on this /�/ '` day of fg!h _,20 H
Nicole M.Petrick,Liaison
I
I
I
MONROE COUNTY
OFFICIAL RECORDS
Page 7 of 7
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xhloblot
5374
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Dec# 1725484 01/06/2009 2:04PM
Filed 6 Recorded in Official Records of
MONROE COUNTY DANNY L. KOLNAGE
Ducts 1725484
Bk# 2394 P90 2283
Return to:
Monroe County
Growth Management Division
2798 Overseas Highway
Marathon,Florida 33050
Prepared by:
No Stress Property Management,Inc.
144 Apache Street
Tavernier,FL 33070
-----�------------------------ Space Above This Line For Recording
MONROE COUNTY, FLORIDA
CORRECTIVE GRANT OF CONSERVATION EASEMENT
This corrective Grant of Conservation Easement is being recorded to correct the Grant of
Conservation Easement filed at Book 1972 Page 1096, in order to reflect the conditions in the
minor conditional use Development Order 2-02 issued by Monroe County on April 22, 2002
filed at Book 1790 Page 1379.
This Conservation Easement is Granted this &' "day of 20,0 by
Magnolia 101, LLC, whose address is 101 Magnolia Street, Key Largo, Florid/33037 in the
County of Monroe and the State of Florida (Grantor), to Monroe County, a political subdivision
of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040,
(Grantee). -
Grantor declares and grants as follows:
1. Background Information
A. Grantor is the successor in interest to the above-referenced Development Order
and is the fee simple title holder of certain real property with a street address of
101 Magnolia Street, Key Largo, Florida 33037, and with a Monroe County Real
Estate Number of RE#00454520-000000 (Ocean Acres, Key Largo, Lot 20), the
servient estate, and which is shown on Exhibit A.
B. The consent of all mortgagee(s)of the servient estate is attached as Exhibit 1
If no consent is attached hereto, Grantor certifies to Grantee that no mortgage
exists.
C. Grantor desires to develop the servient estate as a waste processing facility.
D. The servient estate contains High Elevation Tropical Hardwood Hammock and
Restored Hammock Areas.
Page 1 of 6
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DocO 1725484
Bkq 2394 P90 2284
E. Grantee is a general purpose political subdivision of the State and is authorized to
regulate and control the use of real property through Land Development
Regulations (LDRs)in order to protect the public health, safety and welfare of its
citizens.
F. Section 9.5-337 (2006 edition) of Grantee's LDRs requires that certain areas of
the servient estate be retained as open space and preserved in their natural
condition.
2. Grant of Easement
Grantor grants to Grantee the easement shown on Exhibit A.
3. Character of the Easement
This easement is a conservation easement,which,as defined by Section 704.06 of
the Florida Statutes, is a right or interest in real property which is appropriate to
retaining land or water areas predominantly in their natural, scenic, open,
agricultural or wooded condition; retaining such areas as suitable habitat for fish,
plants or wildlife; retaining the structural integrity or physical appearance of sites
or properties of historical, architectural, archeological or cultural significance; or
maintaining existing land uses.
4. Location and Description of the Easement
A. This easement is located on the servient estate as described above.
B. This easement is shown in the diagram attached to this instrument as
Exhibit A and by reference made a part hereof.
5. Law Governing the Easement and Enforcement Thereof
This easement is governed by Section 704.06 of the Florida Statutes, or the
equivalent Florida Statute governing conservation easements, and is to be
construed and enforced in accordance with that statute and in accordance with the
laws of the State of Florida and the Grantee's LDRs.
6. Restrictions Imposed by the Easement
By these presents Grantor imposes and will impose the following restrictions on
the use of the servient estate within the easement area:
A. No construction or placing of buildings, roads, signs, billboards or other
advertising,utilities or other structures on or above the ground.
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DoaM 1725484
Bkp 2394 Pelts 2285
B. No dumping or placing of soil or other substance or material as landfill or
dumping or placing of trash,waste or unsightly or offensive materials.
C. No removal, trimming or pruning of trees, shrubs or vegetation except for
such removal, trimming or pruning which Grantee's biologist has
authorized in writing.
D. No excavation, dredging or removal of loam, peat gravel, soil, rock or
other material substances in such a manner as to affect the surface of the
easement area.
E. No surface use except for purposes that permit the land or water area to
remain predominantly in its natural condition.
F. No activities detrimental to drainage, flood control, water conservation,
erosion control or soil conservation or fish and wildlife habitat
preservation.
G. No acts or uses detrimental to such retention of land or water areas.
H. No planting of non-native, invasive or exotic plants.
1. No acts or uses detrimental to the preservation of the structural integrity or
physical appearance of sites or properties of historical, architectural,
archeological or cultural significance.
J.
7. Access to the Servient Estate
Grantor will allow Grantee to access and to enter upon the servient estate, with no
less than 24 hours notice, for the purposes of inspection to determine the
Grantor's compliance with this Grant of Easement.
8. Limitation on Liability for Personal Injury or Injury to Property
The Grantor waives any rights the Grantor may have to bring a claim against
Grantee for personal injury or injury to property that is caused by the negligent
action or inaction of Grantee or an employee or agent of Grantee during the
course of Grantee's activity related to this Grant of Easement and further Grantor
holds Grantee harmless from the claims of all persons for action, inactions or
activities occurring on the servient estate.
9. Term of Easement
This easement is perpetual and runs with the land.
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Docp 1725484
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10. Persons Bound by Easement
This easement is binding on all present and future owners and mortgagees of the
servient estate.
11. Entirety of Grant of Easement
This Grant of Easement constitutes the entire Grant of Easement from Grantor to
Grantee and any understanding or representation of any kind preceding the date of
this Grant of Easement is not binding on either the Grantor or Grantee except to
the extent it has been incorporated into this Grant of Easement.
12. Modification of Grant of Easement
This Grant of Easement may be modified only by a written modification signed
by an authorized representative of Grantor and Grantee and by any mortgagee(s).
13. Recover of Attorney's Fees
In the event of any controversy, claim or dispute arising under or as a result of
this Grant of Easement, the prevailing party will be entitled to recover reasonable
attorney's fees and costs.
14. Notice Concerning Grant of Easement
Any notice provided for or concerning this Grant of Easement will be made in
writing and will be sufficiently given when sent by certified or registered mail to
the respective address, as set forth at the beginning of this Grant of Easement, of
Grantor or Grantee.
15. Recording of Grant of Easement
This Grant of Easement will be recorded in the Official Records of Monroe
County, Florida and any changes hereto will also be recorded in the Official
Records of Monroe County.
[The remainder of this page has been intentionally left blank.]
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GOCEA-Rev:8%I106
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DacV 2725484
Bko 2394 PgN 2287
In Witness Whereof, Grantor grants the Conservation Easement above and executes this
instrument this—/�day of ,20&b.
r' 2 ;
First Witness Signature Gr or Signature
First Witness Printed Name Grantor Printed Name
LUAU)
Second Witness Signature Grantor'title
8 l o� L q ""�� 9
Second Witness Printed Name Date
State of Florida
County of Monroe
Before me, the undersigned authority,personally appeared
and , who are personally known to me, or have produced
and E'C.OL(k_LO1. -� , respectively as
identification.
Sworn and subscribed to me this day of ,200 .
L& A ASA�{S-CA'e' d
L 6�v
Typed Notary Name and Number Notary Signature and Seal
cow
t
PL*k•o t d raftPage 5 of 6hft Opw4"o X.�4
GOC EA-Rev:8:V06 �*OD N1
Prepared by: G�md�of*maw No"AWL
5379
Doc.#2388237 Page Number: 34 of 38
COCA 1725484
Ska 2394 PSU 2288
MONROE COUNTY, FLORIDA
ACCEPTANCE OF CONSERVATION EASEMENT
In Witness Whereof, Grantee accepts the Conservation Easement granted above and executes
this instrument the date set forth below.
-`� Monroe County,Florida
First Witness Signature
By
First Witness Printed Nam Director of Growth Management(signature)
r
Second Witness Si ture Director of Growth Management(Printed Name)
1✓✓ISLPL�_
Second Witness Printed Name Date
MOMRpE COUM17 ATT�RIIET
APpRp AS pM
State of Florida
County of Monroe
Before me, the undersigned authority,personally appeared /N.t���F� /it?!(l�7`7`_E_-_,
who is personally known to me, or has produced as
identi canon.
Sworn and subscribed to me this ��l 64 day of , 20�0
Npl� duhu Ja1tM��
Ilr Cp1RttIM1011E�11M��
Cott�R s w 1rMM
�. ,Signatur and Seal
Page 6 of 6
GOCEA-Rcv:B 1106
Prepared by:
5380
Doc.#2388237 Page Number: 35 of 38
j6WWW— 10trS SHEET 1 OF 2
PIS. - PrafetNoml Land Surveyor Fr,& - Fowid a Noi /PK Noi Fouts
P.S.Y. - Rofeaiawl Survelor! Maf+Per LS. -Lsd Smwyor ® Ile! Mai LB 1em fet
R. - Pe L.B. -Lieeweed" --__ • Pipe Fa-d
C. CokuWAd 0. -Deed A Pipe/Cap Le/6%6 eel
Fr. - Mood fro PL - Piet reraer F—d
P,nFr_- rmiat" floor N. -eleaw nd wane LRi%Ptie
El. - Elawtion cant. -QWNWWe E—--a d deefie fine
Ca - concrete Nock nor. - earner 7—Ovrtned kelePUeers foes
Bolt. - Balcony FP - fotee POO —C O.�haod cdM feM.iaion
Fne. - fence A/C - ar am dw —ChWW&W Iene.
rewdrnu CWI& - CeM.M a !food fence
NAG. - Yegnat2 tlmT F.S. - Irenw Mred P Plestie !ewes
MJ.S. - noe in eer.ice tt5. - r"W sews —U Netel fence
LPGT - liquid pebmMm qda tank P.S. _ pkmtk aired W-Mdter meter
U.G.E - UnOerproald Ekcbie CB.S. -eanG biace e-tlbter.af.e
Md.//MM.R. -Rothe!/%--Rodal Nd -edCtiaw •-Rxh
S.E,tt - North. South.East.'Rest PR - Pk0a r ®-Cam"te Oavlt!lose
P.O.C. - Point of con"encamvk "N. -r1Mk or W
P.O.B. - Point of Boo w+g WF.T. -rrWW Rdr•!ee Mate-Al pk- ..M ere 7/6'(awe der)
P.CP. - Pmmanent Canbd Point C.F.T. -arwG SM bob* aeerrVad W
P.C.C. - Pont of Curvs TR.T_ -plsafe 00 teepe ow PK eaf/YAC me er 66d apRra set R eiWr
P.R.C. - Point of Reverse Curvohee TR. - tl 0, Agar d6 atowpe. LB /SSW
P.C./P.T. -Point of Curvet, / Targenq LP. - ti*VW-P Poe w�aU.0 WKS03ted. .1pipes land w
P.R-U. - Perrwarent Referer.ee MarweaM CA. -9W a..P- 7/ir(outaida farnetr)
A.NJI.wl -Appredmab Nee,I69t Wab�LA.e BM} -t>tidry Unkm Wlco oo:ks b.. 1b identYimtlon
Dooll 1725484
Sko 2394 PgN 2289
CONSERVATION EASEMENT DESCRIPTION:
An easement for conservation purposes over and across a
portion of Lot 20, OCEAN ACRES, according to the Plat thereof,
as recorded in Plat Book 1, at Page .188 of the Public Records
of Monroe County, Florida, said portion being More particularly
described by metes and bounds as follows:
BEGIN at the Northeast corner of said Lot 20, OCEAN ACRES;
thence run on an assumed bearing of S.00"07'39'E., along the
East line of said Lot 20, a distance of 200.00 feet to the
Southeast corner of said Lot 20; thence run S.88'13'21'W., along
the South line of said Lot 20, a distance of 138.67 feet; thence
depart said South line and run N.19'59'35'E, a distance of 126.98
feet; thence run N.88a00'23E., a distance of 51.88 feet; thence
run N.01a42'31'W., a distance of 81,80 feet to a point in the
North line of said Lot 20; thence run N.88°13'21'E. along said
North line of Lot 20, a distance of 45.36 feet to the Point of
Beginning.
Contains 17,407 square feet, more or less.
NOTES:
1. This description was prepared by the undersigned from information found in the
public record, and from information obtained by a boundary survey of Lot 20,
OCEAN ACRES, by this comapny on 8-31-05.
2. Per the client's instructions the conservation easement was prepared to
encompass that portion of Lot 20 lying Easterly of the existing chain link fence.
3. The bearings shown on the sketch on Sheet 2 and appearing in the above
description are on an assumed datum. The base of which is the East line of Lot 20,
4. This is a description and sketch of some only. It is not a boundary survey and
should not be used as such.
NOT COMPLETE WITHOUT SHEET 2.
DAVID MASSEY LAND SURVEYING, INC. P1,onK f«`
� O6bnew P,0. Bert 6/M. Tepwrti6r. FL 3]D70
Casa undbot k Florida Cattficote of Aut weizotion No. Lb 6M W V&W
Section 26 Town l* 61 SadlL Ror- 30 Cog 1 hmew M1b MA tan&&VV bnrarw w P•9a+d w aloe U(1t1OUr THE
a�rt�y.N to ti and some to ttr MR of aw b 4wp md SK:1111 MM AND
��t4 11e eav"nunY Go w�rwtb 6f Ot s1017�f RMMe THE ORCKAL
Kry LOW MoMv cwx*y. f1dowe A40111101100a ca"Yrrlw 1 fr=/r�isr RRY6 REO SEAL
Of A KOM
Drafted: 1- 11-00 FbbdMft Ne. 117 Xt L�ISFD SURYEVOR
AND VAPM
ay.My me. W" Drawn RML Sealer 1--W Ronald W. Lutes. P.L.S. 4165
5381
Doc.#2388237 Page Number: 36 of 38
SHEET 2 OF 2
Doca 1725484
BkN 2394 P9# 2290
I
u
I = I ? I ; LOT 17 I
Ia - - -- - - - - - - - - - -- - - -� L - --
" M A G N O L I A S T R E E T — —
a — N.88'13'21E.
430' Pint 215' — — _ Plat —
- - - --'� - - "- - -- - - 45.36'
I I 3
P.O.B.
I r.
o
existing choinlink fence Zr o +
I N.88'00'23'E. o Q
Q• yI N v
L 0 T A�, 20� t) C
o r" o
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C❑NSERVATI❑N N
.W EASEMENT'
17,407±S.F.
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I 5,88'13'21'W. 138,67' —
- - - - --T-- � 215' Plat
FlIBISCUS— STREET
C U N I M P R 0 V E D
_ - - - - - -. —_... - -- - ---- - - - - - � — -` -
^ �I LOT 23
I
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I
0 12 25 50 toa
GRAPHIC SCALE MONROE COUNTY
OFFICIAL RECORDS
NOT COMPLETE WITHOUT SHEET 1.
SEE SHEET 1 FOR ORIGINAL SIGNATURE AND RAISED SEAL!
DAVID MASSEY LAND SURVEYING, INC. 1Ovws H mw Foy 12,
�QQB ONrsw� P.O. 8aa a19, TowmMr, f1. 33070
CHAift Undbook Fkxiido Caeiific As Of Auftwizotion No. LB 69M
Section 28 Tow wip 61 South. W 30 Fort OneiMd 1—Oi-0D RINeeI No, 117
Key LOW Monrm County. Florldo 049wiey sta. M4 0mon W RNA. Scda I-- Or
5382
Doc.#2388237 Page Number: 37 of 38
Exhibit C .
5383
Doc.#2388237 Pagc Numbcr: 38 of 38
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6
7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9
10 ORDINANCE NO. -2023
11
12 AN ORDINANCE APPROVING AN AMENDMENT TO THE
13 MONROE COUNTY LAND USE DISTRICT MAP FROM
14 SUBURBAN COMMERCIAL ("SC") AND SUBURBAN
15 RESIDENTIAL ("SR") TO SUBURBAN COMMERCIAL ("SC"),
16 FOR PROPERTY LOCATED AT 101 MAGNOLIA STREET, KEY
17 LARGO, MONROE COUNTY, FLORIDA, APPROXIMATE MILE
18 MARKER 100, LEGALLY DESCRIBED AS SQUARE 20, OCEAN
19 ACRES, ACCORDING TO THE PLAT THEREOF, AS
20 RECORDED IN PLAT BOOK 1, PAGE 188, OF THE OFFICIAL
21 RECORDS OF MONROE COUNTY, FLORIDA, CURRENTLY
22 HAVING PROPERTY IDENTIFICATION NO. 00454520-000000,
23 AS PROPOSED BY MAGNOLIA 101, LLC; PROVIDING FOR
24 SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
25 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
26 STATE LAND PLANNING AGENCY AND THE SECRETARY OF
27 STATE; PROVIDING FOR AMENDMENT TO THE LAND USE
28 DISTRICT ("ZONING") MAP; PROVIDING FOR AN EFFECTIVE
29 DATE.
30
31
32 WHEREAS, on December 8, 2014, Magnolia 101, LLC ("Applicant"), submitted an
33 application requesting to amend the Monroe County Land Use District ("Zoning") Map from
34 Suburban Commercial ("SC") and Suburban Residential ("SR") to Suburban Commercial
35 ("SC"); and
36
37 WHEREAS, the subject property is located at 101 Magnolia Street, Key Largo,
38 approximate mile marker 100, and is legally described as Square 20, Ocean Acres, according to
39 the plat thereof, as recorded in Plat Book 1, Page 188, of the Official Records of Monroe County,
40 Florida, and currently bears property identification number 00454520-000000; and
41
42 WHEREAS, on April 12, 2017, the Monroe County Board of County Commissioners
43 ("BOCC") adopted BOCC Resolution No. 110-2017, confirming a 2013 administrative boundary
44 interpretation by Planning & Environmental Resources Department Senior Director Townsley
45 Schwab, which determined the Future Land Use Map ("FLUM") designation of the subject
46 property to be Mixed Use/Commercial ("MC"); and
47
1 of 5 5385
I WHEREAS,the current Zoning designation of SR on the southeast portion of the subject
2 property is inconsistent with the subject property's current designation of MC on the FLUM of
3 the Monroe County Year 2030 Comprehensive Plan; and
4
5 WHEREAS, Florida Statute Sections 163.3194 and 163.3201 require land development
6 regulations to be consistent with and implement the Comprehensive Plan; and
7
8 WHEREAS, the proposed Zoning amendment is necessary to be consistent with the
9 existing FLUM designation of MC; and
10
11 WHEREAS, the Monroe County Development Review Committee considered the
12 proposed amendment at a regularly scheduled meeting held on the 25Ih day of February, 2015;
13 and
14
15 WHEREAS, the Monroe County Planning Commission held a public hearing on the 281h
16 day of June, 2017, for review and recommendation on the proposed amendment; and
17
18 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P30-17
19 recommending approval of the proposed Zoning map amendment; and
20
21 WHEREAS, at a regularly scheduled meeting held on the 191h day of July, 2023, the
22 Monroe County Board of County Commissioners held a public hearing, considered the Planning
23 & Environmental Resources Department's professional staff report and professional staff
24 presentation, and provided for public comment and public participation in accordance with the
25 procedures adopted for public comment and participation in the planning process; and
26
27 WHEREAS, based upon the documentation submitted and information provided in the
28 accompanying Planning & Environmental Resources Department professional staff report and
29 professional staff presentation, the BOCC makes the following findings of fact:
30
31 1. Prior to the 1986 adoption of the County's current land development regulations and
32 their associated land use district ("zoning") maps, the subject property was within a
33 General Use ("GU") district; and
34
35 2. In 1992, with the final adoption of the current Land Use District("Zoning") Map, the
36 subject property was re-designated as Suburban Commercial ("SC") in the northwest
37 portion of the site, and Suburban Residential ("SR") in the southeast portion of the
38 site; and with the adoption of the Comprehensive Plan's FLUM in 1997, and
39 confirmed on April 12, 2017 by BOCC Resolution No. 110-2017, the subject
40 property was given its current FLUM designation of Mixed Use/Commercial ("MC");
41 and
42
43 3. Map amendments to the Monroe County Zoning Map shall not be inconsistent with
44 the provisions and intent of the Monroe County Comprehensive Plan; and
45
46 4. Monroe County Land Development Code ("LDC") § 102-158 states that map
47 amendments are not intended to relieve particular hardships, nor to confer special
48 privileges or rights on any person, nor to permit an adverse change in community
2 of 5 5386
I character, analyzed in the Technical Document (data and analysis), but only to make
2 necessary adjustments in light of changed conditions or incorrect assumptions or
3 determinations as determined by the findings of the BOCC; and
4
5 5. LDC § 102-158(d)(7)(b.) provides that one or more of the following criteria must be
6 met for a map amendment:
7 a. Changed projections (e.g., regarding public service needs) from those on which
8 the text or boundary was based;
9 b. Changed assumptions (e.g., regarding demographic trends);
10 c. Data errors, including errors in mapping, vegetative types and natural features
11 described in volume I of the plan;
12 d. New issues;
13 e. Recognition of a need for additional detail or comprehensiveness;
14 f. Data updates; and
15
16 6. Per LDC § 102-158(d)(7)(d.), in no event shall an amendment be approved which
17 will result in an adverse change in community character to the sub-area which a
18 proposed amendment affects or to any area in accordance with a Livable
19 CommuniKeys ("LCP") master plan pursuant to findings of the BOCC; and
20
21 7. Map amendments to the Monroe County Land Use District Map shall not be
22 inconsistent with the Principles for Guiding Development in the Florida Keys Area of
23 Critical State Concern ("ACSC"); and
24
25 WHEREAS, based upon the documentation submitted and information provided in the
26 accompanying Planning & Environmental Resources Department professional staff report and
27 professional staff presentation, the BOCC makes the following conclusions of law:
28
29 1. The proposed map amendment is consistent with the provisions of the Monroe
30 County Code(s):
31 a. As required by LDC § 102-158, the map amendment does not relieve particular
32 hardships, nor confer special privileges or rights on any person, nor permit an
33 adverse change in community character, as analyzed in the Monroe County Year
34 2030 Comprehensive Plan;
35 b. As required by LDC § 102-158(d)(7)(b.), the map amendment is needed due to
36 new issues and the recognition of a need for additional detail or
37 comprehensiveness; and
38
39 2. The proposed map amendment is consistent with the provisions and intent of the
40 Monroe County Year 2030 Comprehensive Plan:
41 a. The Suburban Commercial ("SC") Land Use ("Zoning") District corresponds
42 with the Future Land Use Map ("FLUM") designation of Mixed Use/Commercial
43 ("MC"), and is consistent with the density and intensity standards as set forth in
44 Policy 101.5.25;
45 b. The SC Zoning District is consistent with the purpose of the MC FLUM
46 designation, as set forth in Policy 101.5.6; and
47
3 of 5 5387
1 3. The proposed map amendment is not inconsistent with the Key Largo Livable
2 CommuniKeys Plan ("LCP"); and
3
4 4. The proposed map amendment is not inconsistent with the Principles for Guiding
5 Development in the Florida Keys Area of Critical State Concern ("ACSC");
6
7 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
8 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
9
10 Section 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated
11 as if fully stated herein.
12
13 Section 2. The Board of County Commissioners agrees and concurs with the attached June
14 30th 2023-dated professional staff report prepared by and from Planning &
15 Environmental Resources Department Senior Director Emily Schemper, A.LC.P.,
16 C.F.M., adopts its analysis and determinations as additional findings and
17 conclusions of the Board's own, and said professional staff report is hereby
18 incorporated as if fully stated herein.
19
20 Section 3. The Monroe County Land Use District Map is hereby amended as follows:
21
22 The subject property located 101 Magnolia Street, Key Largo, Monroe County,
23 Florida, approximate mile marker 100, legally described as Square 20, Ocean
24 Acres, according to the plat thereof, as recorded in Plat Book 1, Page 188, of the
25 Official Records of Monroe County, Florida, currently having Property
26 Identification Number 00454520-000000, shall be designated as Suburban
27 Commercial ("SC") as shown on Exhibit 1. attached hereto and hereby
28 incorporated as if fully stated herein.
29
30 Section 4. Interpretation. This Ordinance and its interpretation shall be liberally construed
31 and enforced in favor of the Board of County Commissioners of Monroe County
32 ("BOCC") and such interpretation shall be entitled to great weight in adversarial
33 administrative proceedings, at trial, bankruptcy, and on appeal. The interpretation
34 of Monroe County Comprehensive Plan provision(s), Florida Building Code,
35 Florida Statutes, and Monroe County Code(s) provision(s) whose interpretation
36 arises out of, relates to, or is interpreted in connection with this Ordinance shall be
37 liberally construed and enforced in favor of the BOCC and such interpretation
38 shall be entitled to great weight in adversarial administrative proceedings, at trial,
39 bankruptcy, and on appeal.
40
41 Section 5. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If
42 any provision of this Ordinance, or any portion thereof, is held to be invalid or
43 unenforceable in or by any administrative hearing officer or court of competent
44 jurisdiction, the invalidity or unenforceability of such provision, or any portion
45 thereof, shall neither limit nor impair the operation, enforceability, or validity of
46 any other provision of this Ordinance, or any remaining portion(s) thereof. All
47 other provisions of this Ordinance, and remaining portion(s) thereof, shall
48 continue unimpaired in full force and effect.
4 of 5 5388
I Section 6. Non-Reliance by Third Parties. No natural or legal person, including but not
2 limited to any business entity, may cite or rely upon this Ordinance to enforce or
3 attempt to enforce any third-parry putative entitlements or benefits or any third-
4 parry claims or theories of relief.
5
6 Section 7. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
7 conflict with this ordinance are hereby repealed to the extent of said conflict.
8
9 Section 8. Transmittal. This ordinance shall be transmitted to the Florida State Land
10 Planning Agency as required by Fla. Stat. §§ 380.05(11) and 380.0552(9).
11
12 Section 9. Filing. This ordinance shall be filed in the Office of the Secretary of the State of
13 Florida but shall not become effective until approved by the Florida State Land
14 Planning Agency and, if appealed, until the appeal is resolved pursuant to Chapter
15 120, Florida Statutes.
16
17 Section 10. Inclusion on the Monroe County Code's Official Land Use District May. The
18 provisions of this Ordinance shall be included and incorporated on to the Official
19 Land Use District("Zoning") Map of Monroe County, Florida.
20
21 Section 11. Effective Date. This ordinance shall become effective as provided by law and
22 stated above.
23
24 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
25 Florida, at a regular meeting of the Board held on the 19th day of July, 2023.
26
27 Mayor Craig Cates, District 1
28 Mayor Pro Tem Holly Merrill Raschein, District 5
29 Commissioner Michelle Lincoln, District 2
30 Commissioner James K. Scholl, District 3
31 Commissioner David Rice, District 4
32
33 BOARD OF COUNTY COMMISSIONERS
34 OF MONROE COUNTY, FLORIDA
35
36 By:
37 Mayor Craig Cates
38 MONROE CO ' TT 1
39 E 'TO FORM
40
41 (SEAL)
42 ATTEST: KEVIN MADOK, CLERK PErEA MORRIS
43 ASSISTANT COUNTY ATTORNEY
44 ate:
45 AS DEPUTY CLERK
5 of 5 5389
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4 MEMORANDUM
5 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCEs DEPARTMENT
6
7 To: Monroe County Board of County Commissioners
8
9 From: Emily Schemper, A.LC.P., C.F.M.
10 Senior Director, Monroe County Planning & Environmental Resources Department
11
12 Date: June 30'', 2023
13
14 Subject: AN ORDINANCE AMENDING THE LAND USE DISTRICT MAP OF THE
15 MONROE COUNTY LAND DEVELOPMENT CODE FROM SUBURBAN
16 COMMERCIAL ("SC") AND SUBURBAN RESIDENTIAL ("SR") TO
17 SUBURBAN COMMERCIAL ("SC") FOR PROPERTY LOCATED AT 101
18 MAGNOLIA STREET, MARKER 100, KEY LARGO, APPROXIMATE MILE
19 MARKER("MM") 100, CURRENTLY HAVING PROPERTY IDENTIFICATION
20 NUMBER 00454520-000000, AS REQUESTED BY MAGNOLIA 101, LLC (FILE
21 NO. 2014-173).
22
23 Meeting: July 19, 2023
24
25 I. REQUEST
26
27 On December 8, 2014, Magnolia 101, LLC, submitted an application requesting to amend the
28 Land Use District ("Zoning") Map of the Monroe County Land Development Code from
29 Suburban Commercial ("SC") and Suburban Residential ("SR)to Suburban Commercial("SC")
30 for property located at 101 Magnolia Street, Key Largo, bearing property identification number
31 00454520-000000.
32
33 Existing Zoning Designation Proposed Zoning Designation
34
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35
File No.2014-173 Page 1 of 10
5390
1 II. BACKGROUND INFORMATION
2
3 Site Information
4 Location: MM 100, Key Largo, Oceanside
5 Address: 101 Magnolia Street, Key Largo
6 Description: Square 20, Ocean Acres, (Plat Book 1, Page 188, according to the Official
7 Records of Monroe County)
8 Property Identification Number: 00454520-000000
9 Applicant/Owner: Magnolia 101, LLC
10 Agent: Don Horton/Amie Owens
11 Size of Site: 43,000 square feet(S.F.) [0.99 acres]
12 According to the boundary survey provided by the applicant, the total area of the subject
13 property is 43,000 S.F. (0.99 acres). Based on Monroe County Geographic Information
14 Systems ("GIS") data, the portion of the parcel with an SC Zoning designation has an
15 area of approximately 23,000 S.F., and the portion of the parcel with an SR Zoning
16 designation has an area of approximately 20,000 S.F.. All calculations included in the
17 analysis of this proposed Zoning map amendment are based on the aforementioned
18 figures.
19
20 Land Use District(Zoning): SR and SC
21 FLUM Designation: Mixed Use/Commercial (MC)
22 Tier Designation: III
23 Flood Zones: AE(EL 8)
24 Existing Use: Part of the subject property is approved for a light industrial use, and part of
25 the subject property is vacant(partially light industrial and partially vacant).
26 Existing Vegetation/Habitat: Scarified in northwest portion of site;restored hammock on
27 southeast portion of site.
29 Community Character of Immediate Vicinity:
30 To the east and south are adjacent lands which are vacant publicly-owned (State-owned
31 and County-owned)undeveloped and unimproved Tier I lands with Suburban Residential
32 ("SR") zoning and Residential Low ("RL") future land use map designations.
33
34 The adjacent lands to the north and west are zoned Suburban Commercial ("SC") with a
35 Mixed Use/Commercial ("MC") future land use map designation developed with public
36 and light industrial uses (Monroe County Public Works and Florida Keys Aqueduct
37 Authority).
38
39 The subject property currently has Land Use District ("LUD" or "Zoning") designations of
40 Suburban Commercial ("SC") on the northwest portion of the site and Suburban Residential
41 ("SR") on the southeast portion of the site (see attached Exhibit 1.) and a Future Land Use Map
42 ("FLUM") designation of Mixed Use/Commercial ("MC").
43
File No.2014-173 Page 2 of 10
5391
I The subject property was within a GU(General Use)zoning district prior to September 15, 1986,
2 when it was re-designated as partially SC and partially SR (the final adoption of the LUD map
3 was in 1992). With the adoption of the Comprehensive Plan's FLUM in 1997, the subject
4 property was given its current FLUM designation of MC. This designation was confirmed for
5 the entire parcel by a Boundary Determination approved by BOCC Resolution No. 110-2017
6 (see Exhibit 2.) on April 12, 2017, based on an administrative interpretation made by Planning
7 & Environmental Resources Department ("Planning Department") Senior Director ("Planning
8 Director") Townsley Schwab as part of a Letter of Understanding for the site dated April 29,
9 2013.
10
11 The current Zoning designation of SR on the southeast portion of the site is inconsistent with the
12 MC FLUM. Per Policy 101.5.25 of the Comprehensive Plan, the MC FLUM is consistent with
13 the following LUD designations: Suburban Commercial ("SC"), Urban Commercial ("UC"),
14 Destination Resort ("DR"), Recreational Vehicle ("RV"), Mixed Use ("MU") and Maritime
15 Industries ("MI").
16
17 In 1991, the Monroe County Building Department issued Building Permit No. 91303552,
18 approving the construction of a 1,104 S.F. unenclosed storage shed on the subject parcel. This is
19 the first building permit on file for the subject property. In 1999,the Building Department issued
20 Building Permit No. 99300162 approving security lighting for the outdoor storage area.
21
22 In 2002, a minor conditional use permit was issued for the construction of a 1,104 S.F. structure
23 to be used as a waste separation facility on the subject parcel (Planning Department File No.
24 22016). The approval was memorialized by Development Order No. 02-02, signed by the
25 Planning Director on April 28, 2002, and recorded in the Official Records of Monroe County,
26 Florida, on June 7, 2002.
27
28 In 2003, the Building Department issued Building Permit No. 02303419 approving the
29 construction of a 1,106 S.F. commercial building on the subject parcel and other site
30 improvements related to Development Order No. 02-02 (it should be observed that the building
31 permit file is associated with Real Estate/Property Identification Number ("RE") 00454110-
32 000000, not RE 00454520-000000). The building received a certificate of occupancy on
33 November 7, 2003.
34
35 In addition, since 2002, several other building permits have been issued for the subject parcel
36 to facilitate the waste separation facility, including Building Permit No. 10307017, which was
37 issued on April 11, 2011, for stormwater-related improvements.
38
39 As part of the previous approval authorized by Development Order No. 02-02, the Monroe
40 County Board of County Commissioners ("Monroe County" or "BOCC") applied a condition
41 requiring the property owner to place a conservation easement on the SR portion of the subject
42 property. Previous clearing was been carried out on the subject parcel, including within the
43 conservation easement,without the benefit of a building permit and was the subject of prior code
44 enforcement action. Expansion of the approved light industrial use on the site into the SR portion
45 of the subject parcel without the benefit of a permit also resulted in prior code enforcement
46 action.
File No.2014-173 Page 3 of 10
5392
I On March 9, 2017,permit number 17301254 was issued for restoration of the cleared hammock
2 habitat on the southeast portion of the parcel. On June 9,2022, the third annual inspection of the
3 restoration planting was passed and the restoration permit was closed.
4
5 On August 17, 2022, Monroe County entered into a settlement agreement with Magnolia 101
6 LLC, then owned by Brian Lindback, to resolve certain outstanding code enforcement fines and
7 liens. The settlement agreement was recorded on August 18, 2022, at Book 3190, Page 120,
8 Document Number 2388237, of the Official Records of Monroe County, Florida. Under the
9 agreement Magnolia 101 LLC deeded to Monroe County an unimproved and undeveloped Tier
10 I lot (Square or Lot 5, currently bearing Monroe County Property Appraiser's Office Property
11 Identification No. 00454230-000000, having a current (just) market of $382,470) that was
12 adjacent to multiple undeveloped and unimproved State of Florida and County-owned Tier I
13 lands. In exchange, the County forgave the outstanding code fines and liens, which totaled
14 (approximately) $1,260,450.00, and released the conservation easement on the southeast portion
15 of the remaining lot owned by Magnolia 101 LLC (Square/Lot 20 — the parcel subject to the
16 current zoning amendment request).
17
18 In addition, Mr. Lindback consented that the prior/operative development approvals issued for
19 Square/Lot 20 do not authorize rock and/or concrete crushing and/or pulverization, separation,
20 sorting, fragmentation, hammering, extraction, or excavation of rebar or similar materials from
21 concrete, rock, rubble, or debris by equipment or machines, the Planning and Environmental
22 Resources Department("Planning Department")has agreed not to recommend denial of a later-
23 submitted application for a right-of-way abandonment petition requesting abandonment of a
24 portion of the right-of-way of Hibiscus Street lying between Squares/Parcels/Lots 20 and 23,
25 Ocean Acres, according to the plat thereof, as recorded in Plat Book 1, Page 188, and the
26 Planning Department further has agreed not to object to, deny, or recommend denial of any
27 applications to expand development into said right-of-way area upon abandonment and
28 conservation easement area upon release, assuming all Land Development Code and
29 Comprehensive Plan requirements are met.
30
31 The Planning Department's processing of this Zoning amendment is based on the current SR
32 Zoning's inconsistency with the site's MC FLUM. The proposed Zoning map amendment is
33 necessary to be consistent with the adopted FLUM designation on the site. Note, 163.3194 and
34 163.3201, Florida Statutes, require land development regulations to be consistent with and
35 implement the Comprehensive Plan.
36
37 As discussed in the Letter of Understanding dated April 29, 2013, the proposed Zoning map
38 amendment to SC for the entire property is one of several steps the applicant must take to receive
39 permits for a light industrial use on the southeastern portion of the parcel. Monroe County is not
40 obligated by approval of the requested map amendment to approve any future expansion of the
41 light industrial use — all subsequent applications must show they meet all requirements of the
42 Land Development Code and Comprehensive Plan.
43
44 III. ANALYSIS OF PROPOSED AMENDMENT
45
46 A. Maximum Allocated Density and Intensity by Land Use District (Zoning)
File No.2014-173 Page 4 of 10
5393
Existing Zoning Type Adopted Standards Development Potential
Residential
3 du/acre 1.59 du
Suburban Commercial (SC) Allocated Density
Transient 10 rooms/spaces
Gross Upland Area: Allocated Density /acre 5.3 rooms/spaces
23,000 SF (0.53 acres) Nonresidential 0.40 FAR 9,200 SF
(based on Mc GIs) Maximum Intensity
Residential
0.5 du/acre 0.23 du
Suburban Residential (SR) Allocated Density
Transient 0 rooms/spaces
Gross Upland Area: Allocated Density /acre 0 rooms/spaces
20,000 SF (0.46 acres) Nonresidential
(based on Mc cis) 0.25 FAR 5,000 SF
Maximum Intensity
Total Existing Residential 1.82 du
Maximum Transient 5.3 rooms/spaces
Potential
Development Nonresidential 14,200 SF
Proposed Zoning Type Adopted Standards Development Potential
Residential
3 du/acre 2.97 du
Suburban Commercial (SC) Allocated Density
Transient 10 rooms/spaces
Gross Upland Area: Allocated Density /acre 9.9 rooms/spaces
43,000 SF (0.99 acres) Nonresidential
0.40 FAR 17,200 SF
Maximum Intensity
Net Change in Residential: +115 du
Development Potential Transient: +4.6 rooms/spaces
based on LUD Nonresidential: +3,000 SF
1
2 The foregoing table provides an approximation of the existing and proposed development
3 potential for residential, transient, and nonresidential development on the site. Section 130-
4 156(b) of the Land Development Code states: "The density and intensity provisions set out in
5 this section are intended to be applied cumulatively so that no development shall exceed the total
6 density limits of this article. For example, if a development includes both residential and
7 commercial development, the total gross amount of development shall not exceed the cumulated
8 permitted intensity of the parcel proposed for development. If a proposed development is for a
9 combination of nonresidential uses, the acreage required for each use shall be determined
10 independently based on the floor area ratio in section 130-164 for each individual use such that
11 no acreage shall be dedicated for more than one use."
File No.2014-173 Page 5 of 10
5394
I As shown in the table, the proposed Zoning map amendment would result in an increase
2 in potential residential development of 1.15 dwelling units, an increase in potential
3 transient development of 4.6 rooms/spaces, and an increase in potential nonresidential
4 development of 3,000 square feet.
5
6 B. Impact on Community Character
7
8 Lands surrounding the subject property currently have Zoning designations of Suburban
9 Commercial and Suburban Residential. Land uses surrounding the subject property include
10 vacant land, public uses, and light industrial uses. The parcel has a tier designation of Tier III.
11 The northwest portion of the site is scarified, consisting of pea-rock gravel and some paved areas.
12 The southeast portion of the site (subject to the requested zoning amendment, has been restored
13 as hammock habitat. The proposed LUD map amendment is not anticipated to have an adverse
14 effect on the community character of the area.
15
16 C. Concurrency Analysis (Comprehensive Plan Policy 101.1.1)
17
18 Monroe County shall ensure that all development and redevelopment taking place within its
19 boundaries does not result in a reduction of the level-of-service requirements established and
20 adopted by this comprehensive plan. Further, Monroe County shall ensure that comprehensive
21 plan amendments include an analysis of the availability of facilities and services or demonstrate
22 that the adopted levels of service can be reasonably met.
23
24 Traffic Circulation (Comprehensive Plan Policy 301.1.2)
25 The Property is located on Overseas Highway/U.S. 1 on Key Largo at approximate mile marker
26 103. Pursuant to the Comprehensive Plan, the level of service standard for U.S. Highway 1 is
27 Level of Service ("LOS") of"C." According to the 2021 US 1 Arterial Travel Time and Delay
28 Study, US 1 overall is operating at a LOS of"C" and Segment 23 on Key Largo (MM 99.5 to
29 MM 106.0) is operating at a LOS of"A."
30
31 A trip generation analysis was not submitted by the Applicant; at the time of development
32 approval, a trip generation analysis will be required to be submitted in order to verify sufficient
33 roadway capacity. According to the 2021 U.S. 1 Arterial Travel Time and Delay Study, the
34 maximum reserve volume for Segment 23 is 11,148 trips.
35
36 Potable Water(Comprehensive Plan Policy 701.1.1)
37 The Florida Keys Aqueduct Authority's ("FKAA") water treatment facility in Florida City has
38 a maximum water treatment design capacity of 29.8 million gallons per day ("MGD") and is
39 capable of treating up to 23.8 MGD. The annual average daily demand in Monroe County is
40 17.79 MGD.
41
42 The proposed zoning amendment would increase permanent allocated residential density
43 potential by 1.15 units and any future development proposal must be approved by FKAA to
44 show capacity.
45
46 Solid Waste (Comprehensive Plan Policy 801.1.1)
File No.2014-173 Page 6 of 10
5395
I Monroe County has a contract with Waste Management authorizing the use of in-state facilities
2 through September 30, 2024. Currently, there is adequate capacity for solid waste generation.
3 All commercial solid waste is handled by private contract.
4
5 Sanitary Sewer (Comprehensive Plan Policy 901.1.1
6 Monroe County has adopted water quality treatment standards for wastewater facilities and
7 within the Sanitary Wastewater Treatment Master Plan,Exhibit 3-8,has stated the LOS standard
8 for residential and nonresidential flow is 167 gallons per day per equivalent dwelling unit
9 ("EDU"). The proposed LUD amendment would increase the permanent, allocated residential
10 density by 1.15 units. The combined average flows of the Key Largo Wastewater Treatment
11 System are 1,970,000 GPD, whereas the plant capacity is 3,450,000 GPD. Any proposed
12 development on the site will either need to connect to the Key Largo Wastewater Treatment
13 District central sewer system, or provide on-site sewage treatment and disposal that meets the
14 LOS standards in Policy 901.1.1.
15
16 The proposed L UD Map amendment is not anticipated to adversely impact the LOS for traffic,
17 potable water, solid waste and sanitary sewer.
18
19 D.Consistency with the Monroe County Year 2030 Comprehensive Plan.
20
21 The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
22 County Year 2030 Comprehensive Plan. Specifically, the amendment furthers:
23
24 Goal 101
25 Monroe County shall manage future growth to enhance the quality of life, ensure the safety of
26 County residents and visitors, and protect valuable natural resources.
27
28 Objective 101.1
29 Monroe County shall ensure that all development and redevelopment taking place within its
30 boundaries does not result in a reduction of the level-of-service requirements established and
31 adopted by this comprehensive plan. Further, Monroe County shall ensure that comprehensive
32 plan amendments include an analysis of the availability of facilities and services or demonstrate
33 that the adopted levels of service can be reasonably met.
34
35 Objective 101.5
36 Monroe County shall regulate future development and redevelopment to maintain and enhance
37 the character of the community and protect natural resources by providing for the compatible
38 distribution of land uses consistent with the designations shown on the Future Land Use Map.
39
40 Policy 101.5.6
41 The principal purpose of the Mixed Use/Commercial ("MC") future land use category is to
42 provide for the establishment of mixed use commercial land use ("zoning") districts where
43 various types of commercial retail and office may be permitted at intensities which are consistent
44 with the community character and the natural environment. Employee housing and commercial
45 apartments are also permitted. In addition, Mixed Use/Commercial land use districts are to
46 establish and conserve areas of mixed uses,which may include maritime industry,light industrial
File No.2014-173 Page 7 of 10
5396
I uses, commercial fishing, transient and permanent residential, institutional, public, and
2 commercial retail uses.
3
4 This future land use category is also intended to allow for the establishment of mixed use
5 development patterns, where appropriate. Various types of residential and nonresidential uses
6 may be permitted; however, heavy industrial uses and similarly incompatible uses shall be
7 prohibited. The County shall continue to take a proactive role in encouraging the preservation
8 and enhancement of community character and recreational and commercial working waterfronts.
9
10 In order to protect environmentally sensitive lands, the following development controls shall
11 apply to all hammocks,pinelands, and disturbed wetlands within this land use category:
12
13 1. only low intensity commercial uses shall be allowed;
14 2. a maximum floor area ratio of 0.10 shall apply to nonresidential development; and
15 3. maximum net residential density shall be zero.
16
17
18 Key Largo Livable CommuniKeys Master Plan
19
20 Action Item 1.3.7
21 Evaluate future FLUM change and Land Use District Map change requests for nonconforming
22 uses,proposed changes in use,vacant parcels and other requests,based mainly on comprehensive
23 planning principles and the following community-goal related criteria:
24
25 a. Promote infill, design flexibility and transfer of density to Community Centers.
26 b. Preserve commercial conformance status within sections along U.S.-1 predominated
27 by existing commercial businesses and disturbed lands.
28 C. Encourage sun-setting of intensive commercial uses within sections along U.S.-1
29 predominated by natural habitat or native-dominated landscape, relatively sparse
30 development and relatively few businesses.
31 d. Preserve commercial use status for existing waterfront uses that support the tourist-
32 based and working waterfront-based economy.
33 e. Give consideration to whether the property provides a unique or outstanding
34 opportunity for enhancement of design, connectivity and other community goals,
35 especially along the U.S.-1 corridor.
36
37 E. Consistency with the Monroe County Land Development Code.
38
39 In accordance with MCC §102-158(d)(7)(b.), the BOCC may consider the adoption of an
40 ordinance enacting the proposed change based on one or more of the following factors:
41 1. Changed projections (e.g.,regarding public service needs) from those on which the text or
42 boundary was based;
43 N/A
44
45 2. Changed assumptions (e.g., regarding demographic trends);
46 N/A
File No.2014-173 Page 8 of 10
5397
1 3. Data errors, including errors in mapping, vegetative types and natural features described
2 in volume 1 of the plan;
3 N/A
4
5 4. New issues;
6
7 The site's current FLUM designation of MC was confirmed by the BOCC in 2017
8 per Resolution No. 110-2017. The SR Zoning district is not consistent with the MC
9 FLUM. The proposed Zoning map amendment is necessary to be consistent with
10 the adopted FLUM designation on the site. Note, Sections 163.3194 and 163.3201,
11 Florida Statutes, require land development regulations to be consistent with and
12 implement the Comprehensive Plan.
13
14 5. Recognition of a need for additional detail or comprehensiveness; or
15 The subject property's current Zoning designation of SR is inconsistent with the
16 site's current adopted FLUM designation of MC. The proposed Zoning designation
17 of SC is consistent with the MC FLUM and is also consistent with the existing SC
18 Zoning designations of adjacent land. The proposed Zoning amendment is therefore
19 necessary to be consistent with the existing FLUM designation of MC. Note,
20 Sections 163.3194 and 163.3201, Florida Statutes, require land development
21 regulations to be consistent with and implement the Comprehensive Plan.
22
23 6. Data updates;
24 N/A
25
26 In accordance with MCC §102-158(d)(7)(d.),in no event shall an amendment be approved which
27 will result in an adverse community change to the planning area in which the proposed
28 development is located or to any area in accordance with a Livable CommuniKeys Master Plan
29 pursuant to findings of the board of county commissioners.
30
31 The subject property is adjacent to light industrial and public uses, and currently has a Future
32 Land Use Map designation of Mixed Use/Commercial. It is anticipated that the proposed Zoning
33 map amendment for the site will not result in an adverse community change to the surrounding
34 area.
35
36 V. RECOMMENDATION
37
38 Monroe County's professional staff recommend approval of the proposed amendment to the
39 Land Use District ("Zoning") Map of the Monroe County Land Development Code from
40 Suburban Commercial ("SC") and Suburban Residential ("SR") to Suburban Commercial
41 ("SC") for property located at 101 Magnolia Street, Key Largo, currently having property
42 identification number 00454520-000000, to comply with Fla. Stat. §§ Sections 163.3194 and
43 163.3201.
44
45 VL EXHIBITS
46
File No.2014-173 Page 9 of 10
5398
1 1. Official Land Use District Map, Sheet 133.
2 2. BOCC Resolution 110-2017.
3 3. Proposed LUD map amendment.
4
File No.2014-173 Page 10 of 10
5399