Item M03
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 20, 2008
Division: Growth Management
Bulk Item: Yes ~ No
Department:
Staff Contact: Andrew O. Trivette
AGENDA ITEM WORDING:
Approval of a resolution by the Monroe County Board of County Commissioners deferring the removal
of Australian Pines located at "Pines Park" situated to the south of Key West International Airport.
ITEM BACKGROUND:
Monroe County applied for a building permit # 061-5053 authorizing the construction of the McCoy
Terminafbuilding at the Key West International Airport. This permit was issued with the condition
that all invasive species be removed from the property prior to the issuance of a Certificate of
Occupancy for the terminal building. Approval of this resolution will allow a deferent of up to five
years from completion of the McCoy Terminal to replace the Australian Pines with mature native
species following the construction of the "Mario Sanchez" children's park at this location.
PREVIOUS RELEVANT BOCC ACTION:
N/A
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
nla
BUDGETED: Yes
No
COST TO COUNTY:
n/a
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No x
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty -L OMB/Purchasing _Risk Management_
DOCUMENTATION:
Included
x
Not Required------:,
DISPOSITION:
AGENDA ITEM #
Revised 11106
RESOLUTION NO.
-2008
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS DEFFERING REMOVAL OF THE
AUSTRIALIAN PINES LOCATED AT "PINES PARK" JUST
SOUTH OF THE KEY WEST INTERNATIONAL AIRPORT.
WHEREAS, Monroe County has demonstrated a clear desire to protect the native
habitat of the Florida Keys through continued removal of invasive exotic species; and
WHEREAS, Monroe County provides invasive species removal assistance to
other conservation agencies such as the Florida Department of Environmental Protection;
and
WHEREAS, Monroe County employs six (6) invasive species removal
technicians charged with maintaining public lands free from invasive species; and
WHEREAS, Monroe County recognizes the authority to defer the removal of
invasive exotic species as outlined in the Memorandum of Understanding executed by
Bob Ballard, Deputy Secretary for Land & Recreation with the Florida Department of
Environmental Protection and the Honorable Representative Ron Saunders from the
Florida House District 120; and
WHEREAS, Monroe County applied for building permit number 061-5053
authorizing the construction of the McCoy Terminal building at the Key West
International Airport; and
WHEREAS, building permit number 061-5053 is issued with the condition that
all invasive species be removed from the property prior to the issuance of a certificate of
occupancy for the terminal building;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1: The BOCC acknowledges the cultural significance of "Pines Park" located
just south of the Key West International Airport and wishes to preserve the Australian
Pines (Casuarina equisetifolia) which provide shade to this passive recreational area of
Monroe County.
Section 2: The BOCC commits to proceed with previous plans to remove said pines
within five (5) years of project completion at the McCoy Terminal and to replace the
removed pines with mature native species following the construction of the "Mario
Sanchez" children's park.
Page I of2
Reviewer:
PASSED AND ADOPTED at a re!,'1l1ar meeting of the Board of County
Commissioners of Monroe County, Florida, held on the 20th day of August, 2008.
Mayor Mario DiGennaro
Mayor Pro Tem Charles "Sonny" McCoy
Commissioner Sylvia Murphy
Commissioner George Neugent
Commissioner Dixie M. Spehar
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor Mario DiGennaro
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
By:
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
SUSAN M. GR SLEY
ASSISTANT COUNT ATTORNEY
Date r7.J'l~.J"".1I.. ".::2ooR!
Page 2 of2
Reviewer:
MEMORANDUM
MONROE COUNTY GROWTH MANAGEMENT DIVISION
We strive to be caring, professional andfair
To: Roman Gastesi, County Administrator
From: Andrew O. Trivette, Growth Management Division Director
Date: August 1, 2008
RE: McCoy Terminal Invasive Exotic Removal Deferment
The intention of this memo is to provide additional background for the proposed BOCC
resolution deferring the removal of invasive exotic species located at the McCoy
Terminal project site in Key West.
At the request of Peter Horton, Director of the Key West International Airport, I have
drafted a resolution allowing the deferment of the removal of several Australian Pines
(Casuarina equisetifolia) from the site of the project for a period of five (5) years or less.
According to Mr. Horton the deferment will allow Monroe County to postpone the
removal of the pines currently located in a frequented passive recreational area informally
known as "Pines Park" and thus allow for a prolonged construction time line for the
proposed park replacement.
Monroe County has previously committed to removing the pines to construct a new
children's park utilizing the famed artworks of local artist Mario Sanchez. The park is
envisioned to utilize his intricate wood sculptures within the playground structures to
enhance an already valuable recreational area of Monroe County.
Mr. Horton indicates that the deferral and resultant prolonged construction timeline for
the "Mario Sanchez" children's park will create a savings of approximately $250,000.00
for the 304 fund. The park is not and cannot be funded through the Federal Aviation
Administration monies which are substantially invested in the McCoy Terminal project
which requires the park construction to be funded entirely through the 304 fund.
. - -~ I -- - - - - -. . ~ ...... . _. I \ 1 I ..-
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Page 1
M EMORANDUM
To: Planning Commission
From: Aref Joulani, Senior Administrator of Development Review
Andrew Trivette, Senior Biologist
Date: 07/6/2005
An Amendment to a Major Conditional Use application to build a new terminal
building at Key West International Airport (EYW). The airport property is located on
a parcel of land in Section 3 and 4, Township 68 South, Range 25 East, on the Island
of Key West, Monroe County, Florida. The Real Estate Number is 00064810.000000.
MEETING DATE: July 13, 2005
>
"
I. REQUEST:
1. Applicant: Monroe County BOCC
Agent: Peter Horton, Airport Director represented by Andres Gutierrez of URS
Corporation
Owner: Monroe County
"
2. Proposed use & size: The applicant is proposing to build a new Terminal at Key West
International Airport. The proposed development consists of a building that will be
sited in the existing parking lot to be used for ticketing, TSA screening area and offices,
a restaurant, and shops. Most of the existing terminal building will be retained and
rehabilitated for security screening, a departure hold-room, and a snack bar. A new
elevated, enclosed observation area is another feature in the proposed plan. The new
terminal concept provides elevators and escalators to be utilized by passengers after
tickets have been purchased and baggages have been checked, but before passenger
screening has occurred.
3. Location: Key West International Airport is located on a parcel ofland in Section 3 and
4, Township 68 South, Range 25 East, on the Island of Key West, Monroe County,
Florida. The Real Estate Number is 00064810.000000.
4. Plans reviewed:
· Property Map, Sheet 1 of 1, prepared by Frederick H. Hilderbrandt, not dated; and
EYW - Terminal - 00064810.000000
Page 1 of 11
· Topographic Survey, Sheets 1 of 6 through 6 of 6, prepared by Frederick H.
Hilderbrandt, dated 12/10/04; and
· Proposed Site Plan, Sheet G-l, prepared by URS Corporation, dated 06/30/05; and
· Existing Grading & Drainage, prepared by URS Corporation, dated 02/28/05; and
· First Floor Plan, Sheet A-I, prepared by URS Corporation, dated 06/30/05; and
· Second Floor Plan, Sheet A-2, prepared by URS Corporation, dated 06/30/05; and
· Building Section, South Elevation, and North Elevation, Sheet A-3, prepared by
URS Corporation, dated 06/30/05; and
· Landscaping Plan, Sheet LD-Ol, prepared by URS Corporation, dated 06/30/05.
II. BACKGROUND INFORMATION:
1. Land use district: Airport District (AD)
2. Future land use designation: Ail)Jort (AD)
3. Size of site: The entire airport property is 11,096,755 s.f. or 254.75 acres.
4. Existing vegetation: The area proposed for redesign is the terminal area of the
existing airport building and its parking lot areas. The existing vegetation in the
area consists of various installed landscaping elements. The area adjacent to the
East Martello Gallery and Museum is maintained grass area on the east and to the
west is a small public recreation area currently vegetated with the invasive exotic
Australian Pine.
5. Community character of immediate vicinity: The immediate vicinity of the proposed
site consists of mixed uses including airport-related uses, public and institutional uses
including the East Martello Tower Museum, and Monroe County Public Works vehicle
maintenance facility.
6. Miscellaneous:
Key West International Airport is located within the boundary of the City of Key
West, but it is legally under the jurisdiction of Monroe County.
III. REVIEW OF THE APPLICATION:
Section 9.5-65 lists the standard applicable to all conditional uses. The standards and the
planning staffs analysis are given below.
A) The conditional use is consistent with the purposes, goals objectives and standards of the
plan and this chapter;
J. Compliance with Chapter 9.5, Monroe County Land Development Regulations:
EYW - Terminal - 00064810.000000
Page 2 of 11
a. The project has been reviewed and found in compliance with the following
sections of the Land Development Regulations:
1) Section 9.5-223 Purpose of the Airport District Section
2) Section 9.5-252 Permitted Uses
3) Sections 9.5-262 & 335 Open Space and Environmental Open Space
4) Section 9.5-286 Shoreline Setback
5) Section 9.5-335 through 9.5-349 Environmental Standards
6) Section 9.5- 326 Energy Conservation Standards
7) Section 9.5-375 through 9.5-381 Scenic Corridors & Bufferyards
8) Section 9.5- 391 Outdoor Lighting
9) Section 9.5-426 Traffic Study
10) Section 9.5-421 Access Standards
11) Section 9.5-427 Clear Site Triangles
b. Those sections of the Land Development Regulations that are in compliance and
require Staff discussion for clarity are as follows:
1. Section 9.5-269 Density/Intensity of Use
According to the Site Plan, the applicant is proposing to rehabilitate the
existing airport terminal building and build an addition over the existing
parking area. Based on the application, the square footage of the existing
and proposed buildings is as follows:
· Total Airport Property Area = 11,096,757 s.f.
· Maximum Floor Area Ratio (0.1 x 11,096,756) = 1,109,675 s.f
· Existing area currently in use = 134,814 s.f.
· Total floor area of existing terminal building = 21,484 s.f. (lst floor
17,996, 2nd floor 3,488 s.f.)
· New Terminal Construction Area = 50,231 s.f.
Therefore, the overall density of the airport will be well below the
permitted density under Section 9.5-269.
2. Section 9.5-351 & 9.5-354 Parking & Loading Standards
,:
The Land Development Regulations does not provide a parking standard
for this type of use. However, Section 9.5-352 of the Code states that if a
specific use does not fall within one of the categories outlined in the
parking standards, then the parking space requirements shall be based on
the most current edition of the hlstitute of Transportation Engineer's
Parking Generation Manual (ITE) or other appropriate documentation
approved by the Planning Director. ITE 3rd Edition categorizes
Commercial Airports under Land Use Code of 021. The data is mostly
EYW - Terminal - 00064810.000000 Page 3 of 11
~
based on survey of small airports in Canada. ITE uses both airplane
movements and enplaning passengers as the independent. variable for
average number of occupied parking spaces. For airplane movement,
average daily rate is 8.56 for weekdays, 14.83 for Saturdays and 8.39 on a
Sunday per airplane movement. For enplaning passengers the rate of
parking occupancy is 0.44 parking spaces per passenger on a weekday,
0.89 on Saturday, and 0.84 on a Sunday per enplaning passenger.
Annual passenger emplanement was the methodology used to determine
the number of parking spaces during the expansion of the existing airport
terminal in June 1996. The 2003 passenger data has been used by the
applicant to forecast the emplanements until year 2021. Based on this data
the applicant has assumed that 406 parking spaces will be sufficient for the
new airport terminal. The parking facility for the new terminal is
organized in a two story structure. The first floor consists of 142 rental car
and 171 long term parking spaces in the Ground Level and 81 short term
parking spaces and 12 handicapped spaces on the second level parking
deck which is accessible by a ramp. For the new terminal, a total of 406
parking spaces have been provided.
Furthermore, based on public input, Staff has requested a bicycle and
pedestrian path to be provided exclusively for non-vehicular access to the
terminal via South Roosevelt Boulevard. The applicant has provided ala
foot-wide pedestrian and bicycle path that leads to a bicycle and moped
parking in the ground level parking adjacent to the elevators.
3. Section 9.5-361 Parking Lot Landscaping
Although, Section 9.5-361 does not require parking lot landscaping within
the Airport land use district, Staff is requesting that at minimum a class
"A" standard be met. Based on the total number of un-covered parking
spaces depicted on the submitted site plan being 162, 142 on the second
floor and 20 on the first floor, a total planting area of 10,125 square feet
containing 34 canopy trees, seven (7) understory trees and 12 shrubs. The
applicant has agreed to this standard and submitted a revised landscape
plan demonstrating compliance.
4. Section 9.5-375 through 9.5-381 Scenic Corridors & Bufferyards
The applicant will be required to remove all invasive exotic species from
the site prior to the issuance of a certificate of occupancy. This will result
in the loss of shade for the small recreational area located on the south
western comer of the property. Staff is requesting that the applicant
restore a native vegetated canopy to this area and enhance its appeal with
the addition of understory trees and small shrubs. The applicant has
EYW - Terminal - 00064810.000000 Page 4 of 11
agreed with this request and has submitted a plan which includes the
beautification of the area with the addition of native vegetation and park
equipment.
This project is required to install and maintain a major street buffer along
US 1, however a unique circumstance exists in the location of the East
Martello Gallery and Museum and its garden area to the east of the
building. Staff agrees to allow the required buffer to be placed 200 linear
feet from the US 1 right-of-way to allow for the museum and garden area.
This buffer shall be a class "E" major street buffer and shall run a length
of 780 feet east to west and shall have a depth of 40 feet. This will require
a total of 78 canopy trees, 39 understory trees and 234 shrubs. The
applicant has submitted a revised landscape plan which meets or exceeds
this requirement.
5. Chapter 533 Florida Statutes Handicap accessibility
The proposed terminal is handicapped accessible by providing 12
handicap parking spaces on the 2nd level parking deck, elevators, walkway
bridges and accessible bathroom facilities.
c. Those sections of the Land Development Regulations for which compliance
is to be determined are as follows:
1. Sections 9.5-281 Minimum Yards
.. '.
The minimum front yard setback in the AD district is 200 feet. The
proposed front yard setback is not depicted on the site plan. However, in
page 2 of 12 of the application, the applicant has indicated that the project
does not meet the 200 feet setback requirement and has requested a
setback waiver from the Planning Commission. Section, 9.5-66 allows the
Planning Commission to waive the setback requirement if the plan
enhances the ability of the proposed development to meet the general
standards for all conditional uses. Staff supports a setback waiver, for this
project; however, the site plan must be revised to indicate the final setback
and the amount of setback that is requested to be waived.
2. Section 9.5-317 Flood Plain Management Criteria
The submitted Site Plan does not show the elevation of ground floor.
However a survey submitted with the application shows the existing
elevation of the terminal building to be 5.21 to 5,41 feet above MSL. All
existing building and grade elevations must be clearly detailed on the Site
Plan and the flood zone lines should be an overlay on the Site Plan. The
building plans must show elevation from mean sea level (MSL) of the
EYW - Terminal - 00064810.000000 Page 5 of 11
bottom of the lowest supporting member for all new construction leading
to the existing ground level building.
The proposed renovation and addition to the existing pre-FIRM (Flood
Insurance Rate Map) ground level terminal building located in flood zone
VE 11 and constructed prior to Monroe County participation in the
National Flood Insurance Program is governed by Section 9.5-317(b )(2)
and 9.5-316.2(f).
Section 9.5-317(b )(2) requires new construction or substantial
improvements of any nonresidential structure within zones VI-30, VE or
V be elevated to or above the required base flood elevation. Section 9.5-
316.2(f) defines Substantial Improvement as any repair, reconstruction,
rehabilitation, addition, or other improvement the cost of which equals or
exceeds 50 percent of the market value of the structure etc. The market
value of the structure is defined as the Monroe County Property
Appraiser's depreciated building value plus 20% or, the depreciated
building value determined by a cost approach appraisal. If the cost
approach appraisal is used, the 20% add on is not applicable.
The additions connected to the existing pre-FIRM terminal by a walkway
bridge are new construction and must be elevated so that the bottom of the
lowest supporting member will be a minimum of 11 feet above mean sea
level (MSL). The area below will be open and used for parking. This
elevated, independent construction is not counted in the 50% cost
determination applicable to the pre-FIRM terminal building. Only the
existing pre-FIRM ground level terminal building will be regulated by the
50 percent rule. All proposed improvements including renovations,
rehabilitations and integrated enlargements to this building may not
exceed 50% of the depreciated building value. Land, miscellaneous
improvements and entrepreneurial profit may not be used to base this
value on. Only the building value itself may be used for the 50%
determination.
.
,-
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..
A detailed cost analysis (estimators take-off or contactors itemized bid) of
the proposed construction, including all materials, labor and demolition
labor must be submitted for review. Landscaping, sidewalks, pavement,
the bridges to the new elevated construction, fences, detached structures,
building plans, engineering and permit costs and debris removal may be
excluded from the cost analysis.
3. Section 9.5-260. AICUZ Overlay
Although Key West Airport is outside the 1977 adopted AICUZ boundary,
it is partially affected by the recently updated AICUZ as being on a
EYW - Terminal - 00064810.000000 Page 6 of 11
potential Noise Zone 2 area. From the proposed Site Plan it is not clear if
the proposed terminal building is within the proposed AICUZ boundary.
Therefore, the applicant must coordinate with NAS Key West.
4. Section 9.5-294 Wastewater Treatment Criteria
According to the application, the overall goal for the sewering of the new
terminal will be to provide adequate service for all new restroom facilities
that will require proper waste disposal via the central sewer system. The
applicant indicates that since the wastewater collection for facilities within
the existing terminal must be maintained during the construction phase, it
will be necessary to maintain sewer to those facilities until they are no
longer needed or can be served by new sewer system. Coordination with
the proper agencies including the Health Department shall be needed.
5. Section 9.5-293 Surface Water Management
Ij
..
.."~
A drainage plan was not submitted with this application. A request for
coordination must be submitted, to the South Florida Water Management
District (SFWMD). The proposed development may require modification
to the Key West Airport's existing Surface Water Management Permit.
Pending a response from SFWMD compliance is yet to be determined
with this section of the code.
d.
The project has been reviewed and found not in compliance with the
following sections of the Land Development Regulations:
1. Section 9.5-283 Maximum Height
Section 9.5-283 states "No structure or building shall be developed that
exceeds a maximum height of thirty-five (35) feet". Furthermore, Policy
101.4.24 of the Year 2010 Comprehensive Plan states "In order to
preserve the existing community character and natural environment,
Monroe County shall limit the height of structures including landfills to 35
feet". The submitted plans indicate that the highest point of the airport
terminal building will be at 47 feet above grade. The proposed maximum
height is not in compliance with Section 9.5-283 and can not be approved
unless a 380 Agreement is finalized prior to the issuance of a building
permit.
2. Consistency with Section 9.5-65, Standards applicable to all conditional uses.
When considering applications for a conditional use permit, the planning
commission shall consider the extent to which:
EYW - Terminal - 00064810.000000
Page 7 of 11
A) Consistency with goals, objectives and policies of the Monroe County Year
2010 Comprehensive Plan:
The proposed project is generally consistent with the goals, objectives and
policies of the Monroe County Year 2010 Comprehensive Plan including:
Policy 101.3.4: The proposed airport terminal is exempt from the Non
Residential Rate of Growth Ordinance (NROGO). Under Section 9.5-4,
Key West Airport is a public facility, and as such, the proposed hangars are
"public facilities" as contemplated by Policy 101.3.4 and are exempt from
NROGO.
Policy 501.2.2: The policy states that Marathon and Key West airports shall
be expanded to be consistent with the needs identified in the updated master
plan as approved by the Board of County Commissioners.
B) The conditional Use is consistent with the community character of the
immediate vicinity of the parcel(s) proposed for development;
The use is consistent with the character of the surrounding area. The
immediate vicinity, as noted earlier consists of mixed uses including airport-
related uses, public and institutional uses including the East Martello Tower
Museum, and Monroe County Public Works vehicle maintenance facility.
C) The design of the proposed development minimizes adverse effects,
including visual impacts, or the proposed use on adjacent properties;
Staff has no empirical evidence to indicate that the proposed new
development will have adverse effects, including visual. impacts on
surrounding properties.
D) The proposed use will have an adverse effect on the value of the
surrounding properties;
Staff has no empirical evidence to indicate that the proposed new
development will have an adverse effect on the value of the surrounding
properties.
E) The adequacy of public facilities and services, including, but not limited to
roadways, park facilities, police and fire protection, hospital and medical
services, disaster preparedness program, drainage systems, refuse disposal,
water and sewers, judged according to the standards from and specifically
modified by the public facilities capital improvements adopted in the annual
report required by this section;
EYW - Terminal - 00064810.000000
Page 8 of 11
.
Staff has no empirical evidence to indicate that public facilities are not
adequate for this expansion.
!'
F) The applicant for Conditional Use approval has the financial and technical
capacity to complete the development as proposed and has made adequate
legal provision to guarantee the provision and development of any open
space and other improvements associated with the proposed development;
Staff has no empirical evidence that would indicate that the applicant does
not have the financial resources or technical capacity to complete the project
as proposed. Monroe County is the applicant.
G) The development will adversely effect a known archaeological, historical, or
cultural resource;
Staff has no empirical evidence that would indicate the proposed
development will adversely affect a known archaeological, historical, or
cultural resource.
H) Public access to public beaches or other waterfront areas is preserved as
part of the proposed development;
.' Not applicable.
IV. FINDINGS OF FACT AND CONCLUSIONS OF LAW:
1) Based on the application, Monroe County is the applicant and the airport terminals
are public buildings. Therefore, we conclude that the proposed terminal is not subject
to the Monroe County Year 2010 Comprehensive Plan Obiective 101.3, Non-
residential Permit Allocation System.
2) The proposed maximum height is not in compliance with Section 9.5-283 and can not
be approved unless a 380 Agreement is finalized prior to the issuance of a building
permit.
3) A detailed cost analysis (estimators take-off or contactors itemized bid) of the
proposed construction, including all materials, labor and demolition labor must be
submitted for review prior to issuance of a building permit.
4) Based on the application, we find that a Drainage Plan has not been submitted.
Therefore, we conclude that a drainage plan shall be submitted and approved by
South Florida Water Management District (SFWMD) prior to the issuance of a
building permit.
"
"':. -
.
EYW - Terminal - 00064810.000000
Page 9 of 11
5) Based on the application, ala foot-wide bicycle/pedestrian path form South
Roosevelt Blvd. will be provided. Therefore, we find that the proposed
pedestrian/bike path shall be properly signed and marked per FDOT specifications.
6) Based on the application, request for coordination has been submitted to the
following agencies:
Keys Energy Services
U.S. Army Corp of Engineers
Florida Department of Health
Florida Keys Aqueduct Authority
Florida Department of Transportation
Florida Department of Environmental Protection
South Florida Water Management District
U.S. Fish & Wildlife Services
Federal Aviation Administration
V. RECOMMENDED ACTION:
Based on the Findings of Fact and Conclusions of Law above, the Planning Staff
recommends Approval of the project and the setback waiver with the following
conditions:
1)
~.
-.
.' 2)
".;,'
Prior to Issuance of a building permit a 380 Agreement shall be finalized with the
Department of Community Affairs or the plans shall be revised to limit the height of
all structures to a maximum of 35 feet.
Prior to the issuance of a building permit, the Key West Airport Surface Water
Management Permit shall be revised as necessary for SFWMD approval.
3) The proposed bicycle/pedestrian path to and from Roosevelt Boulevard shall be
properly signed and marked per FDOT specifications prior to issuance of a building
permit.
4) All the letters of coordination and approvals from the agencies listed bellow must be
acquired prior to issuance of a building permit:
Keys Energy Services
U.S. Army Corp of Engineers
Florida Department of Health
Florida Keys Aqueduct Authority
Florida Department of Transportation
Florida Department of Environmental Protection
South Florida Water Management District
U.S. Fish & Wildlife Services
EYW - Terminal - 00064810.000000
Page 10 of 11
t.
F ederal Aviation Administration
Monroe County Fire Marshal.
5) Prior to the issuance of a building permit, the applicant shall apply for a demolition
permit to remove the existing structures affected by this redevelopment. The applicant
shall provide, in written form, the method of how the construction debris is to be
collected and properly disposed.
6) All fencing and signage shall require additional permitting and are not approved
under this conditional use.
EYW ~ Terminal - 00064810.000000
Page 11 of 11
~.
MEMORANDUM OF UNDERSTANDING
This memorandum is made between the State of Florida Department of Environmental
Protection (DEP) and State Representative Ron Saunders. The parties agree as follows:
1. DEP is the state agency responsible for the operation. and maintenance of state parks. including Fort
Zachary Taylor Historic State Park located in Key West. Florida.
2. State Representative Ron Saunders represents District 120 in the Florida House of Representatives.
Fort Taylor Park is located entirely and solely within the boundaries of House District 120.
3. Fort Zachary Taylor Historic State Park contains Australian pines (CasllarillLl equisetij()/ia) that have
been in the park for many years and provide shade for visitors. Although DEP has a policy of
eradicating Australian pines in state parks. DEP agrees to the following policy which shall be unique
and applicable only to the Australian pines located in Fort Zachary Taylor Historic State Park.
4. DEP will remove existing Australian pines in Fort Zachary Taylor Historic State Park only if the
pines have died. are toppled by windstorms. or constitute a public safety hazard. No Australian pines
will be removed for building, landscaping. or hardscaping purposes. The existing pines shall remain
unencumbered on the property until their natural death. DEP. at their discretion, may remove new
Australian pine seedlings.
5. DEP shall use due care to avoid damaging any of the existing Australian pines. Within one (I) month
of the date of this memorandum DEP shall carefully remove any overlaid calcium compounds or other
introduced materials from the tree flare without damaging the existing roots or flare. Existing
standards and practices shall be adhered to regarding the health and maintenance of the existing pines.
6. DEP now has a GPS survey indicating the location of each existing Australian pine in the park.
Within three (3) months of the date of this memorandum. DEP shall conduct an update of the survey.
with participation extended to members of the interested public, to determine the number. location and
apparent health of all Australian pines in existence. Notations shall be made to the current survey in
the event that any trees have been or should be removed. Copies of the current annotated survey shall
be made available to the City of Key West and the office of the undersigned on an annual basis.
7. A copy of this memorandum will be included and incorporated in the Fort Zachary Taylor Historic
State P,trk Unit Management Plan.
On this elate. the language above is adopted as the Division of State Parks' policy regarding Australian
pines in Fort Zachary Taylor Historic State Park and any changes to this policy shall only be made
upon the agreement of DEP and Monroe County Representative Saunders or his sllccessor in office.
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,
Datl1 this ~!" dr. of March. 2008.
1~{_JYl
__________ ~~~_",",_'1<_' _
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Bob Ballard
Deputy Secretary for Land & Recreation
Department of Environmental Protection
Ron Saunders
State Representative
Florida House District 1.20
cc: Governor Charlie Crist
Secretary Michael Sole. DEP