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Item J2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 16. 2009 Division: Growth Management Bulk Item: Yes ~ No Department: Planning & Environmental Resources Dept. Staff Contact Person: Christine Hurley Ext. 2517 AGENDA ITEM WORDING: Approval of a two (2) year extension, retroactive to October 16,2009, to Rockland Investment Corporation, to apply for final plat approval for Rockland Key Commerce Center subdivision. ITEM BACKGROUND: The Planning Commission granted preliminary plat approval for the Rockland Key Commerce Center on Rockland Key on January 11, 2006. On November 17, 2009, a request by the applicant was submitted to the Planning Department for an additional two (2) year extension. The applicant has made substantial progress toward satisfying conditions for fmal plat approval, but needs additional time to obtain necessary permits from State agencies. PREVIOUS RELEVANT BOCC ACTION: BOCC granted two (2) - one (1) year extensions to file for final plat approval expiring on April 18, 2008 and October 15,2009. CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval TOTAL COST: N/ A INDIRECT COST: BUDGETED: Yes _No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: None SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNTPERMONTH_ Year APPROVED BY: County Atty -2L OMBlPurchasing_ Risk Management_ DOCUMENTATION: Included Not Required_ DISPOSITION: AGENDA ITEM # Revised 7/09 .,/;rr-:- ". I~':" "'1/1 '23 ._\\ t .' ' -. ',~ .\ t.,' - M-:-J \.. . 'I" ~---~ . ~.;~ -/ ,~~/ MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: Board of County Commissioners Through: Christine Hurley Growth Management Director From: Kathy Grasser, Comprehensive Planner Date: December 1, 2009 Subject: APPROVAL OF THIRD EXTENSION OF FINAL PLAT APPROVAL FOR ROCKLAND INVESTMENT CORPORATION, INC. Meeting: December 16,2009 I BACKGROUND The Planning Commission granted preliminary plat approval for the Rockland Key Commerce Center on Rockland Key on January 11,2006. The BOCC granted two (2) - one (1) year extensions expiring on April 18, 2008 and October 15, 2009, respectively. On November 17, 2009, a request by the applicant was submitted to the Planning Department for an extension, which was verbally communicated as being for two years. The applicant is Rockland Investment Corporation, Inc. The development project is known as Rockland Key Commerce Center. The preliminary plat was approved with specific conditions to be satisfied before filing for fmal plat approval. The conditions included requirements for obtaining necessary permits from State agencies and the provisions of fmancial guarantees and maintenance agreements for infrastructure improvements. Applicant responded to a third Request for Additional Information from the South Florida Water Management District for its permit. Since then, mitigation has changed and additional survey work is required. The applicant is making every effort to fulfill these conditions. Pursuant to Section 110-98 (t), Limitation on Approval of Preliminary Plat, Monroe County Code, the applicant may request an extension from the BOCC to request approval of the final plat. Unless an extension is granted by the Board of County Commissioners, the approval of the preliminary plat is automatically rendered null and void. Therefore, the applicant is requesting an extension to apply for final plat approval. II STAFF RECOMME~DATION Approval of extension of fmal plat approval for Rockland Investment Corporation, Inc Z104 SENT VIA FEDEX November ) 7. 2009 The Craig Company Comprehensive Planning fiesortff ourism Plannmg Land Use Regulallor Development Feasibility Site Design Expert Witness Mr. Townsley Schwab Acting Director Planning and Environment.al Resources Monroe COllnty 2798 Overseas Highway Suite 410 Marathon, Florida 33050 Mailing address: P. 0, Box 970 Key West, FL 33041-0970 Re: Rockland Key Commerce Center Plat of Subdjvjsion Approval Office loemion. 610 White St Key West, FL 33040 Phone. 305/294-1515 Fax. 305/292-1525 E-mail: barb@cralgGOrnpRnycom Dear Townsley, On January 9, 2006, the Planning Commission granted Preliminary Plat approval for the Rockland Key Commerce Center. This is a subdivision of property that is zoned and historically has been used for Industrial purposes. Since the original Preliminary Plat approval, we have requested and received three extensions due to 'the extensive regulatory permitting requirements for a project of this size. Although much of the required infrastructure is in place, the South Florida Water Management District permit is still pending. In March we responded to the third RA[ (Requests for Additional lnformation) from SFWMD. As a result of this process the requirements for mitigation changed. However, another RAI was issued that required additional survey work and we expect to have our reply submitted in early December. Until that permit is issued, the project cannot proceed with the civil engineering work required to construct the storm water drainage system. Furthermore. the changes to the mitigation plan have resulted in a shift of the driveway entrance 15' to the west. As a result, the FDOT permit is in the process of being modified. \Ve have submitted all required plans to FOOT and are awaiting the US I connection permit. As to be expected, gi ven the economic situation facing not only the Keys economy but our nation as well, development schedules for new projects have been extended_ The Florida legislature recognized this situation with the pflssage of SB 360. We respectfully request that the Board Of County Commissioners grant us an extension to Sec. 9.5-84 of the Monroe County Code. I thank YOll for consideration of this request. If you bave any questions, please feel free to give me a call. Again, we appreciate your help in this matter. Please let me know if you require anything further. \. \ i"" l.. "! Barbara Mitchell, LEED AP V ice President Sincerely, -~ ( ! )r'"., J("I.. L {L ': (. Cc: Donald L. Craig. AICP William Kemp Steven Henson Allen Perez PE , . F- IX, ~- ~>'--, T.1..t. ~ ~Z104 /;/' ,f , '>.~ ;/ I . ~ ;-- /...... .... r' r., f . , u.A '" ) Comprehensive Planning . anuar} '-1. ~(" i~ ~ . "14'... ~ I, ResortITourism Planning ! V J- l 2rJ. ' .' ,';' Land Use Regulation Mr. TO\\ nsle) Sch\\ab 1.;':-1:, '4 -fed} <:\ ~1~f-,'," j/ Developmen~~:~~~~~ Actmg Director Planning and En\Jronm RI4!r. I '1 a / -""/ Expert Witness Resources - J, ".' 'ibJ>.f Monroe County -'. ,:_'" ,.:f:i) Mailing address: P. O. Box 970 2798 O\erseas-Hlghway -'-. 'J r. Key West. Fl33041-0970 SUI te 4 I 0 Office location 610 'Mute St Marathon, Ronda 33050 Key West. Fl33040 Re: Rockland KC\ Commerce Center Plat of SUWI\ Ision Apprmal Phone 305/294- 151 5 Fax 3051292.1525 E.mall barb@craigcompany com Dear Tonnslq . On Januar) 9. 2()()(). the Planning CommIssIOn granted PrelIminary Plat appnnal Jor Lhe Rockland Kc) Commerce Center. This IS a subdJ\lsion of property Lhat is loned and hlstoricall) has been used for Industrial purposes. The reqUIred regulatory permllllng lor this site is e\.tensi\c. We requested and Here granted an extension lor Fmal Plat appnnal last year. Attachment I SummanTes 0/ Lhe status oj the regulatory pem1iLs that are reqUIred for this project. It has ah\ ays been the intention of our client to complete the i nfra..tructurc prior to apprmal of the Final Plat. Significant progress has been made to accomplish that goal. The \\ater mam hus been e\.tended, the underground electric and communication Jines arc in place. the public sewer and reuse water main lines ha\ e been installed and the preltminary site preparallon for the mad system has been completed. A FDOT NOI (Notice of I ntent to issue a pcmli l) has been receJ\ed for the US I access and dmmage modifIcations that are required. Our engIneers ha\ c been \\orklng "jth South Rorida WaLer Management Distm:t for the O\erall project dramage permit sInce September .2006. The Emjronmental Resource Permit (ERP) has noL been issued and it \\ ill reqUIre. according to the latest correspondence. at least another YO Lo 120 days for processmg. The additional re,iew requires site mspections b) SFWMD r:x;rsonneL Furthermore. the construction required for the dramuge system nill require at least si\. months for completion. As u result, \\e are requesting an c\Lension for one year in order to ensure the ERP has been issued and the \\ork commenced. Upon rccelpt of the ERP, \\e \\ III submIt a complete application for Final Plat apprmal. Thus, \\C respectfully request that the Board 01 Count) CommiSSioners grant us an c\.tensJ<m Lo Sec. 9.5-84 of the ,\;10nroe County Code. I appreciate your conSIderation of our request and look forward to your response. Please let me knO\\ II )Oll reqUIre anythll1g further. Slncere/y, 81Mb w"- }whAlLL( /,0tL Barbara \l!itchell / j Vice PreSident C.:: Donald L. CraIg, AICP William Kemp Sle' en Hensnn Allen Percl PE Lt'b" \AJ04"f . O..O..-'-'.<;:).......'M.....o. . , ' . . . Append!\: I: ST A TUS OF REGULA TORY PERMITS FOR ROCKLAND KEY COMMERCE CENTER RNAL PLAT APPROVAL ApplicatIOns & PenTIlts: . Rorida Department of Transportation (FDOT): DIi\'c\\ay Application 2006 A 692 17. original submittal on IO!l8i06 F-lorida Department or Transportation (FOOT): Drainage Application #2(X}6 D 6928. original submittal on IOII8/06 Rorida Key Aqueduct Authority (FKAA): Water Mam E\:[ension Permit # 1688-06 Issued September 20, 2006 FOEP: Geneml Use PenTIlt to construct extension of Public Water Supply Dlstnbution System #268632-001-DSGP Keys Energy: Underground Electnc & CommuOIcations Infrastmcture Job # ER 2882- 06 dated 4/2 1/06 . . . . Pendmg: · South Rorida Waler Management District (SFWMD) Emrronmenta] Resource PenTIlt (ERP) #060925-15, submitted September 16, 20C)6 · Monroe County Engineering Department: Ctxmlination is pending Final Plat apprmal. V...., \A/~.-~ . O..-n....&.-.o.....,.;"...,....o . O~r.t:"