Resolution 044-1984
RESOLUTION NO. 044 -1984
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
APPROVING AND ISSUING A DRI DEVELOPMENT ORDER
FOR THE GARDEN COVE DEVELOPMENT LOCATED IN
NORTH KEY LARGO, MONROE COUNTY, FLORIDA;
INCORPORATING A LEGAL DESCRIPTION, FINDINGS
OF FACT, CONCLUSIONS OF LAW AND CONDITIONS
GOVERNING DEVELOPMENT APPROVAL.
WHEREAS, City National Bank of Miami, as Trustee under Land
Trust No. 500562-8 dated December 29, 1980 (hereinafter "Owner"),
is the record title owner of a tract of real property located in
Monroe County, Florida, known as Port Bougainvi11e which is
described by legal description attached hereto as Exhibit "A"
(hereinafter "Port Bougainvi11e"); and
WHEREAS, Port Bougainvi11e has been approved pursuant to
Resolution No. 277-1982 (hereinafter "Amended Port Bougainvi11e
Development Order") by the Board of County Commissioners for
Monroe County, Florida; and
WHEREAS, City National Bank of Miami, as Trustee under Land
Trust No. 500578-3, dated December 30, 1981 (hereinafter "Owner"
or "Applicant"), is the record title owner of a tract of real
property in Monroe County, Florida, known as Garden Cove, which
is described by legal description attached hereto as Exhibit "B"
(hereinafter "Garden Cove"); and
WHEREAS, Garden Cove is an interrelated project with, and a
substantial deviation to, Port Bougainvi11e pursuant to
Resolution No. 277-1982; and
WHEREAS, pursuant to Resolution No. 277-1982, Condition
No. 43, the Owner was ~equired to submit to the County, the South
Florida Regional Planning Council, and the Department of
Community Affairs, a DRI Application for Development Approval
(ADA) for Garden Cove based on the cumulative impacts of both the
Garden Cove and Port Bougainvi11e developments; and
WHEREAS, an ADA for Garden Cove and an application for
Preliminary Major Development P1an/PUD Plat has been filed with
Monroe County, the South Florida Regional Planning Council,
(hereinafter "SFRPC"), the Department of Community Affairs
(hereinafter "DCA") and other agencies as required pursuant to
,.,
Monroe County Resolution No. 277-1982 and Chapter 380.06, Florida
Statutes; and
WHEREAS, Monroe County has received the report and
recommendations of the South Florida Regional Planning Council,
entitled "Development of Regional Impact Assessment for Garden
Cove", dated October 1983 (hereinafter the "SFRPC
Recommendations" or "SFRPC DRI Assessment"), which recommends
approval of Garden Cove subject to certain specified conditions;
and
WHEREAS, the Monroe County Zoning Board has held a public
hearing on October 27, 1983 and November 3, 1983 to review the
Owner's proposed plan for Garden Cove and has granted, pursuant
to Zoning Board Resolution No. MD 83-20, incorporated herein by
reference, Preliminary Major Development Plan/PUD Plat approval,
subject to specified conditions, and has recommended to the Board
of County Commissioners that the ADA for Garden Cove be approved
subject to the conditions specified in the SFRPC Recommendations;
and
WHEREAS, Zoning Board Resolution No. 83-20 has been appealed
and acted upon by this Commission; and
WHEREAS, the Board of County Commissioners has held a public
hearing on the ADA and the SFRPC Recommendations pursuant to the
requirements of Chapter 380.06, Florida Statutes; and
WHEREAS, pursuant to Resolution No. 277-1982, the Board of
County Commissioners has adopted additional conditions with
respect to Port Bougainville to enhance positive and mitigate
negative impacts based upon the results of the cumulative impact
review of Port Bougainville and Garden Cove.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows:
1. Recitals. The above recitals are true and correct and
are hereby incorporated by reference.
2. Garden Cove Development Order. This Resolution shall
hereinafter constitute the Development Order for Garden Cove.
3. Application of Resolution to Port Bougainville. The
additional conditions included in Section 9 hereof shall apply to
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Port Bougainvi11e in order to enhance positive and mitigate
negative impacts based on the results of the cumulative impact
review of Port Bougainvi11e and Garden Cove.
4. Legal Descriptions. The real property, known as Garden
Cove located in Monroe County, Florida, which is subject to this
Development Order, is legally described and identified in Exhibit
"B" hereto which is incorporated by reference and made a part
hereof as if set forth in full. The real property, known as Port
Bougainvi11e, is legally described and identified in Exhibit "A"
hereto which is hereby incorporated and made a part hereof as if
set forth in full.
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Garden Cove Alternate Site Plan.
The plan approved for
Garden Cove is contained in the amended ADA and is hereinafter
referred to as the "Alternate Site Plan".
6. Findings of Fact.
(a) The following findings of fact are made with
respect to the Garden Cove ADA, as amended, and the Alternate
Site Plan:
(i) Positive Regional Impact. The Board of
County Commissioners hereby finds that Garden Cove, when
developed according to the Alternate Site Plan, would have the
following positive regional impacts:
(1) Preservation of 28.4 acres, or 52 percent, of the hard-
wood hammock on-site. These forest preserves will be
protected by restrictive covenant running with the land
and binding on the Applicant, its successors and/or
assigns.
These covenants ensure that this forest
acreage will enjoy greater protection than that
currently granted under federal, state, or local law.
(2) Removal of existing noxious, exotic vegetation from the
site, replacing such undesirable species with native
vegetation; transplanting of removed vegetation to the
maximum extent feasible to other locations on-site; and
preservation and incorporation into the landscaping
plan of any unusual or rare specimen trees or clumps.
(3) Reintroduction to the site at least 300 seedlings of
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several threatened and endangered plan species
indigenous to North Key Largo, but not currently
on-site.
(4) Provision of new habitat for the threatened Schaus'
Swallowtail Butterfly, currently being considered for
upgrading to the "endangered" designation by the
Federal government, by planting torchwood, the main
host plant of the butterfly, along the edge of forests
where vegetation has been removed.
(5) Preservation of a buffer of at least 130 feet of
undisturbed hammock vegetation between the small
channel, along the northwestern portion of the site,
leading to Lake Surprise and the residential buildings
on the Bay side of C-905 to ensure that the project,
which is located outside the boundaries of the
Crocodile Lake National Wildlife Refuge, does not
affect this endangered species.
(6) Clean-up, revegetation, and preservation by restrictive
covenant, of the coastal mangrove area on the Atlantic
Ocean that has been used as a refuse dump by local
residents. By defining a Shoreline Protection Zone,
regrading the site, and replanting a natural range of
mangroves from red and black mangroves at the lowest
elevation to white mangroves and buttonwood transition
at the highest elevation, the project will increase the
size and stability of the tidally-influenced mangrove
area and enhance its water cleansing and other
biological properties, thereby improving its
productivity and protecting offshore water quality.
That this mangrove area will be better protected than
it is now is underscored by its current use as a dump
by area residents.
(7) Preservation of a 0.5 acre bay cedar transition forest
unaltered.
(8) Preservation of the 6.68 acre impounded mangrove and
associated buttonwood transition zone north of Atlantic
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Boulevard/Garden Cove Drive by restrictive covenant,
although, as an impounded vegetative community, this
acreage would not appear to fall under the preservation
requirements of Chapter 4, Monroe County Code.
(9) Use of advanced site and engineering design to
integrate the hydrologic biological cleansing functions
of the above referenced natural system preserves into
project stormwater management to ensure that offshore
water quality and marine resources, including the coral
reef, are protected. These measures are far in excess
of those used by existing adjacent property owners,
exceeding all local, state, and federal standards, and
set a new standard for environmentally sound
development in the Florida Keys.
(10) Employment of 572 construction workers during the three
year build-out period and, in conjunction with the
development of Port Bougainville, support of nearly
4,100 employee years of labor during the six year
construction period, with over $104 million dollars in
construction wages to the local economy. The
cumulative regional impact of construction of both
projects is estimated to be about 15,700 temporary
full-time equivalent jobs, with $175 million in total
wages, and a $225 million increase in net value added
to the regional economy.
(11) Creation of jobs for between 328 and 450 permanent
employees on the Garden Cove site and about 1,150
within Port Bougainville. The cumulative regional
impact of Garden Cove employment would be between 630
and 900 new jobs, with total annual wages between $9.3
and 14.0 million dollars, and between $13.0 and $19.6
million dollars in net value added to the four-county
regional economy.
(12) Generation of a net fiscal surplus of $275,000
annually, with about $107,000 for Monroe County,
$120,000 for the School District, and $48,000 for the
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miscellaneous taxing districts combined. The combined
direct fiscal impact of Port Bougainville/Garden Cove
is projected to be an annual regional surplus of $4.34
million, with $1.59 million for Monroe County, $2.51
million for the School District, and $0.24 million for
the miscellaneous taxing jurisdictions combined.
(13) Provision of extensive private and public recreation
facilities, with 75 percent of the site as open space,
including 36 acres (57 percent of the total site) in
hammock and mangrove forest preserve; a 2.3 acre sports
field and active recreation center near C-905 and
Loquat Drive to be dedicated to the County after
construction; and funding for the development of a
passive waterfront park on the County-owned property
adjacent to Garden Cove, between Atlantic Boulevard and
the Atlantic Ocean, including shoreline revegetation if
desired by the County. In addition, the
formerly-approved Port Bougainville development
includes two marinas; six outdoor tennis courts;
enclosed tennis courts, exercise equipment,
racquetball, and the adult-oriented indoor facilities;
a children and teenager center; child playgrounds; a
bicycle and jogging path; nature trails, observation
station, boardwalk and interpretative center; beaches
and upland lakes for swimming, fishing, non-motorized
boating; and 72 acres of hammock and 134.2 acres of
mangrove preserve.
(14) Promotion of historic preservation goals and objectives
by providing funding for development of a passive
waterfront park on County-owned property that is the
site of an historical cistern recommended for
preservation/park development by State and local
archaeologists and by preservation of two historical
sites on Port Bougainville.
(15) Enhancement of health care and emergency services in
the area by establishing 10,000 square feet of medical
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offices; constructing an emergency communication center
that would provide hurricane and weather warning, an
integrated fire alarm system, and emergency medical
alerts; and providing emergency medical evacuation by
helicopter to the mainland.
(16) Lease of the fire station site, if requested by the
County, for fifty (50) years for the nominal rate of
$1.00/year and construction of $60,000 in improvements
to the existing station.
(17) Lease of 3,500 square feet of space, if desired by
the County, for fifty (50) years at an annual rent of
$1.00 to be used for public purposes, including, at the
option of the County, use of this space for a police
substation.
(18) Provision of over $8 million (present value) of
subsidized housing for 400 employees from Port
Bougainvi11e/Garden Cove, for a 20-year period,
reducing the potential impacts of ancillary housing
development on the Keys and Dade County, lessening
traffic congestion on County and State roads, and
assuring provision of low and moderate income housing
affordable to project employees.
(19) Enhancement of County disaster preparedness and
response capabilities by providing hurricane shelter
for over 3,750 people, exceeding the demands of the
project by over 1,440 persons. Due to the location of
this space at the most critical link in the evacuation
route, the 2-1ane U.S. 1 from Key Largo to Florida
City, where congestion is likely to impose long delay
on evacuees, the project provides an alternative to
those caught on the roadway as storm tides and winds
threaten the safety of continued evacuation. Also, by
including provision for emergency power, water, and
food, this shelter can serve as an evacuation
destination for County hospitals if patients cannot be
evacuated to the mainland.
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(20) Use of preserved hammock and mangrove vegetation
between the Atlantic and most of both developments to
buffer wave action and reduce the impacts of storm
surge.
(21) Compliance with local, regional, and State policies,
standards, and regulations governing approvals of Major
Development Projects, pursuant to Chapter 6, Article
VII, M.C.C., as well as other applicable local
ordinances; Developments of Regional Impact in
accordance with Section 380.06, F.S., and consistent
with regional policies articulated in Section
298F-2.045, F.A.C.; and Area of Critical State Concern
guiding principles and land development regulations
specified in Sections 27F-8 and 27F-9, F.A.C.
(ii) Negative Regional Impacts. The Board of
County Commissioners hereby finds that Garden Cove, when
developed according to the Alternative Site Plan would create
negative regional impacts, for which mitigation measures have
been specified, as follows:
(1) Removal of 25.8 of the 54.2 acres of tropical hardwood
hammock on the site, consisting of 8.52 acres of
highest value hammock (continuous canopy/high trees),
15.05 acres of medium value hammock, and 2.32 acres of
low value hammock (uneven canopy, low to medium trees);
however, the project preserves 52.4 percent (28.4
acres) of the hardwood hammock, and 100 percent of 7.6
acres of mangroves and buttonwood, or 58.3 percent of
all existing forest. Furthermore, a total of 72 acres
of hammock forest and 134.2 acres of mangroves will be
preserved in Port Bougainvi11e, for a total of 242
acres. Preservation areas will be protected by
covenants that run with the land, and bind the current
owner, his successors and/or assigns, providing greater
long term protection to these areas than is afforded
under existing statutes and regulations.
(2) Create a short term increase in air pollution due to
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the operation of a temporary concrete batching plant
during construction; however, the Applicant will use a
filter vent system to remove 99.6 percent of
particulates. A permit for this facility was issued by
the Department of Environmental Regulation in March,
1983.
(3) Result in a long term increase in air pollution due to
automobile emissions from vehicles traveling to or from
the project. Although the Applicant's air quality
analysis projects 1-hour and 8-hour emissions to be
well within State and County standards, the Applicant
has proposed frequent tram service between Garden Cove
and Port Bougainvi11e, in addition to tram service
within Port Bougainvi11e itself; bicycle paths and a
grade-separated crossing under C-90S connecting the two
portions of Port Bougainvi11e; and conveniently located
bicycle paths, and traffic flow improvements to C-90S,
U.S. 1, and their intersection; all of which serve to
reduce vehicle use and/or emissions associated with the
projects. In addition, the 242.4 acres of preserved
forest within Garden Cove/Port Bougainvi11e will absorb
carbon monoxide emissions, further reducing air
pollution, and the Applicant will, as a condition of
the Development Order, fund or conduct a long term
study of the subtle effects of air pollution on
tropical hammocks, including effects on symbiotic
microorganisms, photosynthesis and respiration, tree
reproduction, nutrient cycling, and stress symptoms,
thereby contributing knowledge that can be used, in the
future, to ensure even better management of this unique
natural resource.
(4) Cause, as a result of project construction, a small net
change in the natural porosity of the existing surface
through infilling of naturally occurring spaces and
compaction; however, the proposed drainage plan will
ensure retention of runoff on-site.
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(5) Remove upland, by excavation, that cannot be reclaimed
by hammock forest. The excavation will generate an
excess of 691,000 cubic yards of fill in the Upper Keys
where fill is necessary for most construction and
expensive to purchase. Further, by condition to the
Development Order, the Applicant will donate fifty
percent (50%) and sell, at cost, fifty percent (50%) of
the fill necessary for the County to raise the
elevation of Card Sound Road between the bridge and
C-905, to 5.5 feet above mean sea level, ending the
longstanding flooding problem that limits its capacity
and use.
(6) Increased boating from the previously-built Port
Bougainville marinas will increase the potential for
coral reef damage. However, the federal and state
management agencies have the responsibility to restrict
all boat access if it is the source of an unacceptable
amount of reef damage.
(7) Reduce previous surface and introduce pollutants into
the stormwater by hammock removal. To mitigate this
impact and prevent contamination of adjacent water, the
Applicant has reduced parking to Urban Land Institute
standards, which are lower than County standards, for
commercial space and, by locating residential parking
under the buildings, has further reduced the impervious
surface area that would receive pollutants and produce
stormwater runoff. All water from asphalt surfaces in
both projects would be routed through a 3-stage system
that will retain the first 3 inches of runoff and
remove up to 90 percent of pollutants introduced into
the stormwater.
Excess runoff would be routed to the
entrance pond, prior to overflow into the hammocks, and
to the impounded mangrove area, where any remaining
pollutants would be effectively contained and degraded
by biological processes. The drainage system proposed,
which includes the natural system, would contain and
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cleanse all stormwater runoff.
(8) Concentrate development in an area subject to
hurricanes; however, all buildings in both Garden Cove
and Port Bougainville will be constructed to FEMA and
Standard Building Code requirements for structural
strength and will be behind a preserved mangrove storm
buffer; the Applicant is providing hurricane shelter
capacity, equipped with emergency power generators and
communication equipment, far in excess of that needed
by project tenants; and Applicant-funded roadway
improvements to U.S. 1 and C-905 will improve
evacuation safety.
(9) Increase average daily potable water demand on the FKAA
by 151,000 gallons at Garden Cove and 740,000 gallons
at Port Bougainville, with peak demands of 169,000 and
830,000 gallons, respectively; however, the Florida
Keys Aqueduct Authority has sufficient capacity to
provide the required water. Further, the Applicant is
providing a 600,000 gallon storage tank in Port
Bougainville for emergency, peak, and fire-fighting
use, and has proposed to install low water volume
toilets and restricted flow devices throughout the
project.
(10) Generate an average of 4.72 tons of solid waste per day
from Garden Cove and 18.98 tons per day from Port
Bougainville. The Monroe County Municipal Service
District has indicated that the capacity of the County
landfill facility may be exceeded prior to build-out of
the Port Bougainville/Garden Cove developments. In the
event the Monroe County landfill facility is not
accepting solid waste prior to project build-out, the
Applicant will implement an interim alternative method
of solid waste disposal until Monroe County is again
accepting solid waste. In addition, the Applicant is
proposing to install a solid waste compactor further to
reduce landfill requirements.
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(11) Increase energy demand by nearly 50 billion BTUs to
serve Garden Cove and 215 billion BTUs to serve Port
Bougainvi11e, necessitating the addition of an
electrical substation in northern Key Largo. While the
Florida Keys Electric Cooperative has previously filed
an application for substation approval on a site it
owns between Port Bougainvi11e and Ocean Reef, the
Applicant has indicated that it would be willing to
provide a site and front end the costs of installing
the transformer substation if the current application
is rejected.
The Applicant has also proposed to
incorporate extensive energy conservation measures
including solar water heating, use of appropriate
fuels, maintenance of extensive natural vegetation for
cooling, common wall construction, reduced glazing,
operable windows, ceiling fans, heat recovery water
heaters, high efficiency air conditioners and
water-cooled heat pumps, open-air corridors in all
residential buildings, individual metering of tenants
to encourage conservation, flow restricting shower
heads, and encouragement of walking, bicycling, and
tram use.
Additional conservation measures have been
included as conditions of the Development Order.
(12) Increase student-age population by 204. The
Applicant has agreed to pay its equitable share for
additional education facilities if necessary.
(13) Increase demand for security services in the area;
however, the Applicant proposes to provide a private
security force on-site and will make a 3,500 square
foot space in Garden Cove available to the County for
$1 per year, if it wishes, which can house a police
substation.
(14) Create demand for housing in the area; however, the
Applicant has proposed to provide housing for 400
employees from Port Bougainvi11e and Garden Cove. The
present value of this subsidy, which will limit
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employee rent to 3S percent of gross average annual
salary, is estimated by the SFRPC at over $8 million.
(IS) Add 968 average daily trips at the end of Phase A,
8,366 trips at the end of Phase B, and 7,S84 trips at
the end of Phase C to roads in the impact area; in
addition to 10,332 trips at the end of Phase A, 17,276
trips at the end of Phase B, and l8,S82 trips at the
end of Phase C generated by Port Bougainville. By the
end of Phase A, total traffic volumes in the impact
area would necessitate reconstruction and signalization
of the intersection of U.S. 1/C-90S/Reef Drive in order
to maintain LOS "c".
Two other intersections, U.S.
l/Park Boulevard and Ocean Boulevard, would require
signalization. In conjunction with growth in
background traffic and committed development traffic,
at the end of Phase B, U.S. 1 between C-90S and Card
Sound Road would be reduced to LOS "E" if S,300 trips
are not diverted to C-90S, but would remain at LOS "C"
if those trips did divert to C-90S. To handle this
diversion and protect traffic on C-90S, it would
require 4-laning between U.S. 1 and the northern edge
of Port Bougainville. Three additional intersections
along C-90S - Carysfort, Reef Drive, and Project
Entrance #3 - would require signalization. In 1989,
signalization of two project entrances - #4 and 6 -
would be needed. The applicant has previously agreed
to fund his "fair share" of all improvement costs
including front-ending the total cost of the U.S.
1/C-90S/ Reef Drive intersection, with later
reimbursement for amounts in excess of his equitable
share. The total cost of these improvements is $2.8
million, of which the Applicant's equitable share is
$1.8 million. However, to ensure construction of
required improvements on a schedule to meet project
demand, the Applicant would construct or fund $2.6
million of these improvements, thereby relieving the
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County of the need to come up with funding, until an
impact fee ordinance is in place to generate the
required revenue.
7. Approval of Development Order. Based upon the above
findings of fact; the conclusions of law set forth in Section 10
hereof; the development conditions included in both Section 8 and
9 hereof, the Development Order for Garden Cove is hereby
approved.
8. Development Conditions. Garden Cove is hereby approved
subject to the following conditions which are necessary to secure
or enhance the individual and cumulative regional benefits of the
project and to avoid or mitigate adverse regional impact created
by the project, individually and cumulatively with Port
Bougainville:
THE APPLICANT, ITS SUCCESSORS AND/OR ASSIGNS WILL:
(1) Design a long term program to monitor the possible
impact of air pollution from increased traffic on
hardwood hammocks, including measurement of any effects
on tree reproduction, nutrient cycling, symbiotic
microorganisms, photosynthesis and respiration, and
stress symptoms as reflected in growth, biomass,
species composition, disease and insect outbreaks;
submit the research design to the SFRPC, County and the
Florida Department of Environmental Regulation (DER)
for approval within two years of the effective date of
the development order; and implement and report the
results of the approved study design in accordance with
all procedures and reporting requirements specified
therein.
(2) Use Best Management Practices to prevent fertilizers
and mosquito control pesticides from entering offshore
waters or from contaminating torchwood to be
reintroduced on the site, and prohibit the use of
herbicides on-site.
(3) As part of the Annual Report required by Section 16,
hereof report on the success of torchwood
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reintroduction in attracting the Schaus' Swallowtail
Butterfly to the site and, if successful, prohibit
collection of the Schaus' Swallowtail Butterfly and
enforce this prohibition with security personnel.
(4) Revise preservation covenants to include the following:
a legal description of the environmental parcels
incorporated by reference;
specification that the covenant touches and
concerns the land;
deletion of the language limiting Monroe County
and state land planning agency enforcement to an
action at law;
restrict access to the environmental parcels to:
(a) conduct of the specified forest management
program, (b) scientific research, and (c) nature
study and interpretative programs.
Upon these revisions and within six (6) months of the
effective date of the development order, record the
preservation covenant and the Garden Cove Declaration
of Covenant, Conditions, and Restrictions and provide
recorded copies to the SFRPC, DCA, and the County
Planning Department.
(5) Provide documentation to the County Planning Department
that any plant material, which originates from outside
the United States, has been inspected and admitted by
the Animal and Plant Health Inspection Service to the
U.S. Department of Agriculture.
(6) Destroy any plant species imported to the Garden Cove
site that becomes invasive, noxious, aggressive, or
infested in South Florida environment, as determined by
the Applicant or county, state, or federal experts or
consultants.
(7) Ensure that any hazardous or toxic materials used on-
site, including cleaning chemicals or petroleum
products, are properly stored; either returned to the
distributor for recycling after use or effectively
treated; and are disposed of in compliance with all
local, regional, state, and federal standards.
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(8) Expand the hazardous materials spill containment and
cleanup plan required by the Port Bougainville Amended
Development Order, Resolution No. 277-1982, Condition
19, to include Garden Cove.
(9) Construct the gas station underground fuel storage tank
so that leaks will be contained within an impervious
structure; provide the design and an inventory
recording procedure that would detect fuel losses to
the SFRPC and DER for review and approval before
initiating construction; and expand the oil and fuel
spill containment and cleanup plan required by the Port
Bougainville Amendment Development Order, Resolution
No. 277-1982, Condition 13, to include the gas station
on the Garden Cove site.
(10) Regularly clean and maintain drainage system grease
traps, overflow pipes, and trenches to prevent clogging
and maintain pollutant removal capacity, and use
efficient vacuum machines to regularly clean project
streets and parking lots.
(11) Incorporate pervious walkways and parking areas, and
reduce site grading, to the extent feasible, in the
development plan.
(12) Construct the drainage trench for runoff from buildings
and pedestrian areas to maintain an even distribution
of excess runoff into the adjacent hammocks and to
prevent erosion.
(13) Assure that excess runoff from the pond at the entrance
of the site enters the adjacent hammock in an evenly
distributed manner.
(14) Revise the Port Bougainville water quality monitoring
program and expand it to include Garden Cove, as
outlined in Exhibit C, attached hereto and incorporated
herein by reference. At any time that monitoring
indicates a significant deterioration in marina or
offshore water quality, pursuant to State standards for
"Outstanding Florida Waters", or a deterioration in
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Port Bougainville lake water quality below State
standards for swimming areas and/or "Class III Waters",
the Applicant will notify the County, SFRPC, and DCA
and immediately take whatever actions are necessary to
improve water quality to the relevant standard for that
water body. For the purpose of determining
"significant deterioration", water quality data
presented in the DRI Application for Development
Approval shall be relied upon as the baseline.
Furthermore, as part of the Annual Report required in
Section 16, hereof, the Applicant will summarize the
results of the water quality monitoring program and, if
necessary, propose revisions to the monitoring program
determined to be appropriate as a result of the prior
year monitoring activity. Such revisions shall be
deemed approved unless the SFRPC, County, or DCA
notify the Applicant within 30 days of receipt of the
Annual Report that the proposed revisions are not
acceptable. In the event of such an objection to the
proposed revisions, the SFRPC, County, DCA, and the
Applicant will jointly agree upon revisions to the
program within an additional 60 days.
(15) Aerate, and implement a schedule program of harvesting
biological material and debris from, the pond.
(16) Meet all flood elevation and construction standards
established by the new Federal Emergency Management
Agency maps, including the restaurant that would be
located in a V Zone with a l7-foot elevation
requirement.
(17) Stabilize all excavated and exposed soils during
construction by berming, mulching, planting, and
spraying water, as appropriate, until final landscaping
is completed.
(18) Direct runoff, during construction, into swaled
settling areas and use silt screens or riprap channels
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during any activities that could produce runoff into
water bodies.
(19) Install low water volume toilets and restricted flow
shower heads and faucets in all residential units.
(20) Provide to South Florida Water Management District
(SFWMD), as part of the required application
for an irrigation water use permit, a summary of the
concerns raised by the SFRPC regarding the reuse of
wastewater effluent, given the sensitive unique
vegetative species located on-site.
If required by
condition to the permit to either test or use
wastewater effluent for irrigation, closely monitor the
effect and provide results to the SFRPC, County, and
the SFWMD.
(21) Incorporate the following energy conservation measures
into the project, in addition to those specified in the
Garden Cove Declaration of Covenants, Conditions, and
Restrictions:
reduced glazing on upper floors of retail and
office buildings and operable windows on over 50
percent of the window area to enhance flow-through
ventilation;
heat recovery water heaters with central air
conditioning;
individual metering of tenants to encourage energy
conservation;
select species and space plantings in parking
areas to provide shading over a minimum of 50
percent of the parking spaces between 10:00 a.m.
and 5:00 p.m., after 5 years of growth;
water temperature settings up to 1050F in project
commercial buildings, unless otherwise required by
health codes;
high efficiency air conditioning with an EER
greater than 9.9 in commercial buildings and 9.5
in residential;
minimum use incandescent lighting;
measures which effectively yield, in the cooling
mode, R-ll in walls and R-19 in ceilings;
use of light colored wall and roof surfaces, with
solar absorption coefficients less than or equal
to .50, or the use of "self ventilating" or
"barreled" roof tiles; and
timers for project signs providing automatic shut-
off within a few hours of closing.
18
(22) Provide housing, phased to coincide with permanent
employment in Garden Cove/Port Bougainvi11e, for 250
employees on the Garden Cove site and for an additional
150 employees within 10 miles, according to the housing
program outlined in pp. 178 to 179 of the SFRPC DRI
Assessment.
(23) Complete and implement the hurricane evacuation plan
for Port Bougainvi11e/Garden Cove described in
Condition 25 of the Port Bougainvi11e Amended
Development Order, Resolution No. 277-1982, and enter
into a mutual aid agreement with the County office of
Civil Defense for evacuation and cleanup assistance,
within one (1) year of the effective date of this
Development Order. The said hurricane evacuation plan
and mutual aid agreement shall be submitted to, and, at
their request, coordinated with, the Dade County Office
of Emergency Management and the Florida Bureau of
Emergency Management.
(24) Design, obtain FDOT and County approval of, and
construct (or provide a bond or letter of credit for
$715,000 in 1983 dollars or the total cost of the
improvements according to bona fide, documented bids
presented by the Applicant at the time he is ready to
proceed with construction) the intersection of u.s. 1/
C-905/Reef Drive as illustrated in figure 27 of the
Council DRI Assessment; and install (or provide a bond
or letter of credit for $100,000 in 1983 dollars)
traffic signals at the intersections of u.s. 1/C-90S
and U.S. l/Reef Drive; prior to applying for a
certificate of occupancy for any space in either Garden
Cove or Port Bougainvi11e exceeding the cumulative
amount of development included in the Transportation,
Phase A, project development totals specified in
Exhibit D attached hereto and incorporated herein by
reference.
(2S) Design, obtain County approval of, and construct (or
provide a bond or letter of credit for $1,586,000 in
19
1983 dollars or the total cost of the improvement
according to bona fide, documented bids presented by
the Applicant at the time he is ready to proceed with
construction) C-905 from Reef Drive to the northern
project boundary as a 4-1ane divided roadway; and
install (or provide a bond or letter of credit for
$100,000 in 1983 dollars) traffic signals at the
intersections of C-905/Reef Drive and C-905/Project
Entrance #3; prior to applying for a certificate of
occupancy for any space in either Garden Cove or Port
Bougainvi11e, exceeding the cumulative amount of
development included in Transportation, Phases A and B,
project development totals specified in Exhibit D
incorporated herein by reference.
(26) Install (or provide a bond or letter of credit for
$100,000 in 1983 dollars) traffic signals at the
intersections of C-905/Project Entrance #4 and
C-905/Project Entrance #6 prior to applying for a
certificate of occupancy for the last Port Bougainvi11e
building.
(27) The Applicant shall donate to the County 50% of the
fill material required to raise the crown elevation on
Card Sound Road (C-905A), south of the Card Sound
Bridge, to 5.5 feet above mean sea level. At the
request of the County, the Applicant shall further
provide all or a part of the remaining 50% of the fill
necessary to so raise Card Sound Road at $3.70 per
cubic yard (1983 Dollars). All fill donated or
provided will be from the Port Bougainvi11e/Garden Cove
sites and will be made available to the County at the
site. In any event, the Applicant's responsibility to
provide this fill to the County will expire as of
December 31, 1986, unless extended by mutual consent of
the Applicant and the County.
(28) Complete, within three (3) months of the effective date
of the Garden Cove Development Order, the Upper Keys
20
Traffic Study, incorporating projections for background
traffic, all approved developments, including those
with Preliminary Development approval; the amount of
development that can be supported by various specific
facility improvements; and recommendations for
development of an impact fee ordinance to assign
private developments that receive County approval an
equitable share of the costs of the transportation
facility improvements required to support the traffic
impacts created by those developments; and submit the
Study to the SFRPC, County, and FDOT for review and
approval.
(29) Provide the following facilities on-site to ensure the
adequacy of public facilities and services:
construct and dedicate to the County an active
recreation County park, as illustrated in the
Alternate Site Plan;
fund a passive, waterfront park on the County
property along Atlantic Boulevard, including
revegetation of the shoreline if desired by the
County;
enter into a long-term lease, at the request of
the County, for the current fire station site,
except for easements, at the nominal rate of
$l/year for fifty years; and
provide 3,500 sq. ft. of office and meeting space
for County services at the nominal rate of $l/year
for fifty years, at the request of the County.
(30) Consolidate all original and supplemental information
submitted to the SFRPC and the County into a revised
ADA, and submit the document to the SFRPC, County,
and DCA within ninety (90) days of the effective date
of a Garden Cove Development Order.
(31) Construct the retail uses* at Garden Cove and the
residential uses at Port Bougainvi11e (2,206 units,
exclusive of the hotel uses) pursuant to the following
coordinated construction schedule:
Construction of the Garden Cove retail space shall
commence no later than the time at which a total of 500
residential units in Port Bougainvi11e have obtained
certificates of occupancy; and,
* Retail uses includes all proposed retail uses listed on Table
20.9A of the ADA except for the movie theatre and bowling
21
Construction of the Garden Cove retail space shall be
50% complete or under construction (i.e., obtain
foundation permits) at the time that a total of 1,000
residential units in Port Bougainville have obtain
certificates of occupancy; and
Construction of the Garden Cove retail space shall be
75% complete or under construction at the time that a
total of 1,500 residential units in Port Bougainville
have obtained certificates of occupancy; and
Construction of the Garden Cove retail space shall be
100% complete or under construction at the time that a
total of 1,840 residential units in Port Bougainville
have obtained certificates of occupancy.
Provided Further that once this Garden Cove Development
Order is finally determined to be valid and/or the force majeure
ceases to be in effect, the Applicant shall continue to be
entitled to receive residential building permits at Port
Bougainville so long as it undertakes a continuous good faith
effort to construct the retail uses at Garden Cove in accordance
with the above schedule.
(32) Construct a minimum of 55,500 sq. ft. of hurricane
shelters situated in four separate buildings on the
site and located at:
1. The recreational building in Tract A of Port Bougain-
ville.
2. The community/town hall located in Tract D of Port
Bougainville.
3. The office and meeting area located in Tract D of
Garden Cove.
4. The cinema located in Tract D of Garden Cove.
All such buildings will be designated according to the following
criteria:
1. Structural Requirements
A.
Forces:
The structural elements of said buildings
shall be anchored to resist uplift, sliding and direct forces
caused by the following conditions:
(1) The forces created by sustained winds of 160 mph
combined with the forces created by a flow of moving water at a
velocity of 5 mph and at a height of 15 ft. above sea level. The
ultimate resistance of all elements of any such building shall
have an ultimate strength equal to or greater than 150% of the
combined, calculated forces herein described.
22
(2) All such buildings shall also be structurally
designed to resist forces created by maximum wind gusts to 200
mph. The ultimate resistance of all structural elements of such
buildings shall be equal to or greater than 110% of such maximum,
calculated forces.
B. Shielding: Shielding effects of adjacent buildings
and/or natural elements shall not be used in these calculations
of force.
C. Openings: All glazings in exterior walls of said
buildings shall be closeable by means of shutters or other
appropriate devices designated to resist the full, calculated
loads herein described.
D.
Distribution of Loads:
Distribution of lateral and
vertical forces of such buildings shall be calculated and
distributed to components according to the Standard Building Code
Section 1205.
E.
Minimum Elevation:
The minimum finish floor
elevation for all such buildings shall not be less than 15 ft.
above sea level (as measured from N.G.V.D. Datum).
2. Provisioning Requirements
A. Water: Minimum water supplies shall be stored for
each shelter occupant to equal no less than ten gallons per day
per person for a minimum of three days.
B.
Power:
Emergency electrical generating equipment
shall be provided to each shelter to power lighting, water
pressure and emergency radio operations. The system shall be
provided with an independent source of fuel to operate the
equipment a minimum of 75% of maximum load for 72 hours. The
emergency power equipment shall be protected to a minimum
elevation of 18 ft. above sea level.
C. Emergency Radio: Each emergency shelter shall be
provided with a system to transmit and receive radio communica-
tions.
The equipment shall be appropriate to communicate with
the local Disaster Preparedness Team and the Monroe County
Sheriff's Department.
23
Upon completion of the architectural/engineering plans for
these buildings, the Applicant shall obtain certification from an
independent registered Florida professional structural engineer
that these buildings are designed according to the stated design
values. Prior to commencing construction of said buildings and
upon said certification of such plans, the Applicant will submit
the plans to the Monroe County Office of Disaster Preparedness
and the Florida Bureau of Emergency Management which shall have
thirty (30) days from receipt thereof to review same and comment.
Representatives of the Monroe County Office of Disaster Prepared-
ness and the Florida Bureau of Emergency Management shall have
the right to inspect the construction of these buildings at
reasonable times and at intervals during construction to assure
that the aforementioned structural design criteria are followed.
Upon completion of these buildings, the Applicant shall obtain a
certification from an independent registered Florida structural
engineer that these buildings have been constructed in accordance
with the previously certified plans. Any post-construction
modifications to these buildings: (1) shall conform to the
aforementioned structural design criteria; (2) shall in no way
affect structural integrity of these buildings to withstand the
above described storm conditions; and, (3) shall be certified to
that effect by an independent registered Florida structural
engineer prior to construction.
(33) Include within any Property Owner's Association or
Condominium Documents for Garden Cove and Port
Bougainvi11e, a provision creating a reserve fund to be
used for post-disaster redevelopment of essential
infrastructure and common facilities damaged or
destroyed by storm events which infrastructure or
facilities are not eligible for insurance and/or
governmental financial assistance pursuant to
applicable state and federal law.
In the event the
Applicant creates a Community Development District
pursuant to Chapter 190, Florida Statutes, the
responsibilities of said District shall include, but
24
not be limited to, providing said post-disaster
redevelopment fund.
(34) Request, in writing, that the Florida Bureau of
Emergency Management and the Dade County Office of
Emergency Management consider, as part of a regional
evacuation plan, the trimming and/or removal of
Australian Pines along Card Sound Road, but in no event
shall these agencies' refusal to act in this manner
affect the approvals granted herein.
(35) In the event the existing Monroe County landfill
facility is not accepting solid waste prior to the
build-out of the Garden Cove/Port Bougainville projects
and no other facility is available for solid waste
disposal in Monroe County, the Applicant shall
implement an alternate method of solid waste disposal
in accordance with local, state and federal laws until
the existing Monroe County landfill facility is again
accepting solid waste or an alternate landfill site for
the Key Largo Service District is developed. In the
event that the Applicant is unable to implement such an
interim method of solid waste disposal, then no further
building permits for Port Bougainville/Garden Cove
shall be sought by the Applicant, or granted by Monroe
County, until a solid waste disposal method is
available.
(36) Revise the Alternate Site Plan by reallocating the
parking located in Tract D. This reallocation shall be
accomplished in a manner which preserves a greater
quantity of the higher quality hammock located in the
south end of Tract D and increases the parking area in
the northeast portion of Tract D. These revisions
shall not change the total number of parking spaces now
provided in Tract D. The revised Alternate Site Plan
shall be incorporated into the consolidated Application
for Development Approval required by Condition 30 of
the Development Order.
25
THE COUNTY WILL:
(37) Withhold issuance to certificates of occupancy for any
further Garden Cove and/or Port Bougainvi11e space if
the cumulative amount of development exceeds the total
amount of project development included in the
Transportation Phase development total specified in
Exhibit D attached hereto and if the corresponding
improvements for that phase, as outlined in Conditions
24, 25, and 26 above, have not been constructed or a
bond or letter of credit for their construction has not
been provided.
(38) In conjunction with the Florida Department of
Transportation, install traffic signals, if
warranted, at the intersections of U.S. l/Park
Boulevard and U.S. 1/0cean Boulevard.
(39) Raise the elevation of Card Sound Road (C-905A) from
the Card Sound Road Bridge to the C-905A/C-905
intersection, were necessary to attain a minimum crown
elevation of 5.5 feet above mean sea level, with fill
material provided by the Applicant pursuant to
Condition 27 above, and repave to minimum FDOT design
standards from the Bridge to C-905.
(40) Expand the capacity of the toll facility on Card Sound
Bridge either by adding another person(s) or installing
an automatic toll co11ector(s), whichever is more
cost-effective. The cost for this improvement shall be
equitably shared by the Applicant and the County, based
on the same methodology used to determine each party's
equitable share of other transportation improvements,
as outlined in pp. 203 to 215 of the SFRPC DRI
Assessment. A recommended toll facility improvement,
including cost estimates and any supporting analysis or
study, and the recommended equitable share allocation
shall be submitted to the SFRPC for review and
approval prior to implementation of the improvement or
Applicant contribution to the cost of the facility
improvement.
26
(41) Adopt an impact fee ordinance, within 18 months of the
effective date of this Development Order, in
consultation with DCA and the SFRPC and using the
results of the Upper Keys Traffic Study, to assign
developments an equitable share of the costs of
transportation improvements required on C-905, C-905A,
and U.S. 1, as well as the costs of reconstruction of
the U.S. 1/C-905 intersection, in order to reimburse
the Applicant, by phase, for construction of
transportation improvements, required by Conditions 24
and 25, over and above his equitable share; or
reimburse the Applicant from general County revenue.
(42) Undertake any right-of-way acquisition required for
improvements to County roads and urge prompt
right-of-way acquisition by FDOT as necessary for
improvements to State roads, pursuant to Conditions 24
and 25, as soon as design and engineering plans for
such improvements are completed and approved, which
approval shall not be unreasonably withheld, and
funding for such acquisition is available.
9. Additional Conditions Applicable to Port Bougainvi11e
to Mitigate Adverse or Enhance Beneficial Regional, Local or Site
Specific Impacts.
THE OWNER AND ITS SUCCESSOR AND ASSIGNS WILL:
(1) Implement on Port Bougainvi11e a road and parking area
vacuuming program, clean french drains of debris
regularly, and keep swa1e systems well vegetated,
pursuant to Condition 22 of the Amended Port
Bougainvi11e Development Order.
(2) Implement on Port Bougainvi11e the employee housing
program required by Condition 22 above, in fulfillment
of Condition 33 of the Amended Port Bougainvi11e
Development Order.
(3) Construct the following facilities on Port
Bougainvi11e/Garden Cove to ensure the adequacy of
public facilities and services, pursuant to the
requirement of Condition 37 of the Amended Port
Bougainvi11e Development Order:
27
tertiary treatment, deep well injection sewage
treatment plant
600,000 gallon water storage tank
solid waste compactor
pedestrian/tram tunnel under C-905
In addition, if the Florida Keys Electric Cooperative's
pending permit application for a substation site in
North Key Largo is denied, the Applicant will provide a
site for a substation in Port Bougainvi11e and, if
necessary, front-end the costs of installing the
transformer, with repayment terms to be negotiated
between the Applicant and the Utility.
(4) Implement for Port Bougainvi11e all transportation
system improvements specified in above Conditions 24,
25 and 26 on the schedule specified therein, in
fulfillment of the requirements of Condition 42 of the
Amended Port Bougainvi11e Development Order.
(5) Ensure on Port Bougainvi11e/Garden Cove that any
hazardous or toxic materials used on-site, including
cleaning chemicals, boat maintenance chemicals, and
petroleum products, are properly stored; either
returned to the distributor for recycling after use or
effectively treated; and disposed of in compliance with
all local, regional, state, and federal standards and
recommendations.
(6) Revise the current preservation covenant, applicable to
the mangrove acreage described in Condition 23 and the
hammock acreage described in Condition 26 of the
Amended Development Order for Port Bougainvi11e, to
incorporate the terms and provisions of the Garden Cove
Preservation Covenant, as revised pursuant to above
Condition 4; record the revised preservation covenant
within six (6) months of the effective date of this
amendment to the Amended Development Order; and provide
recorded copies to the SFRPC, DCA, and the County
Planning Department.
28
(7) Clarify whether FEMA flood elevation standards for V21,
elevation 15 and 17, classifications apply to any
portion of the Port Bougainvi11e site and, if so,
revise construction plans to meet these requirements.
(8) Incorporate biological retention islands, as described
in the Council DRI Assessment for Garden Cove, into the
Port Bougainvi11e drainage system, subject to approval
by the South Florida Water Management District.
10.
Conclusions of Law.
The Board of County Commissioners
hereby makes and enters the following Conclusions of Law:
(a) Garden Cove complies with the Critical Area of State
Concern land development regulations therefore under Section
380.05, Florida Statutes.
(b) The Board of County Commissioners specifically adopts
and approve the conclusions of the South Florida Regional
Planning Council with respect to the said Critical Area of State
Concern land development regulations, as contained in the SFRPC
Recommendations.
(c) The Board of County Commissioners, having weighed and
balanced the factors set forth in Section 380.06(11), Florida
Statutes, further concludes:
1. The development does not unreasonably interfere
with the achievement of the objectives of any adopted state land
development plan applicable to the area.
2. The Garden Cove development is consistent with the
local land development regulations which govern the project in
addition to those specified under the Area of Critical State
Concern Regulations.
3. The development, as approved by this Development
Order, is consistent with the report and recommendations of the
South Florida Regional Planning Council, dated October, 1983.
4. The conditions specified in Section 9 hereof are
adopted to mitigate adverse or enhance beneficial regional, local
or site specific impacts and are not adopted for the purpose of
reconsidering the Amended Port Bougainvi11e Development Order.
Further, such conditions are deemed not to be substantial
29
deviation from the 1982 amended Port Bougainvi11e Development
Order.
5. Zoning Board Resolution MD 83-20 is hereby
incorporated by reference as a part of this Development Order and
all conditions incorporated therein are hereby made a part hereof
as being applicable to Garden Cove.
11. Incorporation of ADA by Reference. The Application for
Development Approval is incorporated herein by reference and
relied upon by the parties in discharging their statutory duties
under Chapter 380, Florida Statutes, Chapter 6, Article VII,
Major Development Projects, Monroe County Code. Substantial
compliance with the representations contained in the Application
for Development Approval is a condition for approval unless
waived or modified by agreement among the County, SFRPC, and the
Applicant, its successors or assigns.
12. Incorporation of SFRPC DRI Assessment by Reference.
The SFRPC DRI Assessment for the Garden Cove PUD is hereby
incorporated by reference into this Garden Cove Development
Order.
13. Expiration Date for Development Order. This
Development Order shall be null and void if the following
activities are not completed within four (4) years from the
effective date of issuance of the Development Order:
completion
of at least 25,000 square feet of Phase I commercial space;
completion of the mangrove revegetation program for 0.5 acres of
the site; and construction (or provision of a bond or letter of
credit for $815,000 in 1983 dollars or the total cost of the
improvements according to bona fide, documented bids presented by
the Applicant at the time he is ready to proceed with
construction) of the U.S. 1/C-905/Reef Drive Intersection,
including signalization of U.S. 1/C-905/Reef Drive; provided
however, that construction of the Garden Cove PUD project shall
be completed within a period not to exceed ten (10) years from
January 1, 1984.
14. Substantial Deviation Condition. The following changes
to the approved development plan shall be deemed to be a
30
substantial deviation, pursuant to s. 380.06 (17), F.S.,
requiring resubmitta1 of a DRI application, and a major change,
pursuant to Chapter 19, Article XI, Section 19-234(i) and
19-237(7), Monroe County Code, requiring submittal of the changes
through County PUD review procedures:
any increase in the total number of
permitted units (222 units) or total
non-residential space (210,100 sq. ft.).
any excavation of the pond in excess of
one (1) acre, including pond slopes.
any reduction in hammock forest
preservation acreage below 28 acres.
any reduction in mangrove preserve
acreage.
any amendment, other than to correct a
surveyor's error, scrivener's error or
other technical matter, to the Garden
Cove Preservation Covenants.
marketing of residential units for time-
sharing (sequential, multiple ownership)
The following changes to the approved development plan are
permitted and shall not be deemed to be a substantial deviation,
pursuant to s. 380.06(17), F.S., nor will such changes require
further County review, pursuant to Chapter 19, Article XI,
19-234(1) and 19-237(7):
any change made pursuant to or in
compliance with this Development Order
and the development conditions set forth
herein.
any change required by changes in
federal flood elevation criteria or
FDER, SFWMD, or USACE permit conditions.
Any other proposed change to the development permitted under this
Development Order shall be evaluated pursuant to statutory
requirements to determine whether the change is a substantial
deviation or major change.
15. Designation of County official to Monitor Compliance.
The Monroe County Planning Director is designated as the local
official responsible for assuring compliance with the Development
Order and all of its Conditions.
16.
Annual Report.
The Applicant shall be required to file
an annual report in accordance with Section 380.06(14)(c)(3),
Florida Statutes and Applicant Conditions 3 and 14 of this
31
Development Order. The contents of the report shall be based
upon rules adopted by the Department of Community Affairs and
shall contain the following additional information:
1. A summary of completed construction and a schedule
of proposed construction over the remaining life of the project
expressed in terms of numbers of units and square feet of
building area.
2. A summary of proposed construction projected
through the subsequent one-year period, using the same criteria
indicated in paragraph (1) above.
3. A description of any and all differences or changes
made, since approval of the original Development Order was
granted, in development and/or phasing set out in the ADA and any
and all differences or changes made in the representations,
projections and assumptions contained in the ADA.
4. An assessment of compliance with all conditions of
this Development Order.
5. A summary on the success of the torchwood
reintroduction program in attracting the Schaus' Swallowtail
Butterfly, pursuant to Condition 3, and a summary of the results
of the water quality monitoring program required in Condition 14.
Copies of the monitoring reports shall be provided to Monroe
County, the SFRPC, the Department of Community Affairs, Division
of Local Resource Management, or its successor agency, and any
agencies that have issued permits, pursuant to Section 380.06(16)
Florida Statutes.
17. Notice of Filing of Development Order. The Applicant
shall file a notice of Adoption of Development Order as required
by Section 380.06(14)(d), Florida Statutes, specifying that this
Development Order runs with the land and is binding on the
Applicant, its successors, and/or assigns.
18. Effective Date. This Resolution shall become effective
as provided by law.
32
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting held on this 27th
day of January, A.D. 1984.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY~~~
Mayor/Chairman
(SEAL)
Attest:
DANNY L. KOLHAGE, Clerk
~ "W:..~ iVlV ~ () A:.-
d 6 Clerk I
33
. .
(
(
. ..
.. ,
,'.
IXHIBIT 'A'
PORT IOUGAINVlLLE
....~'1-
'lb. ~winl d.,cribed proPlrty IDeat.d in Monroe Count)', Florida:
PORT BOUGAINVILLE - a Il..ubdlvs.ion of -P'1nt Itevbed Plat of
North LarCO Yacht Club Plat No.1" accordinr to the Plat thlreof.
.. recordld in Plat Book'. Pace 21 of thl Public Record. of Monroe
County. Florida.
..
All of thl IW i I)'tnc North and Jut of 0.1. HlChway .1 in Section 11.
Town.hlp 10 South, aanC' 40 ...t, and Ie.. and except thlrefrom Plat No.5, of
KEY LARGO CITY, INDUSTRIAL SECTION, accordinc to the Plat thereof recordld
In Plat look 1, Pare 171. and Je.. Dbc:le HlChway Dot included in .a1d Plat. and
.... and except thlrefrom the Revtlld Plat of Portion of Block 5 of Xey Luro
Clt)' Subdivtsion accordinc to the Plat thereof recorded in Plat look 3. Pace 155
and PORT IOUOAINVILLE - a al.ubdlvtl1on of -Flr.t B.vi.ed Plat of North
Luro Yacht Club Plat No.1- accordinr to the Plat thereof, al recorded In Plat
look " Pa,e 21 of the Public Recorda of Monroe County, Floric!a. and II" and
except thlrefrom that portion of the SW i Seet10n 11-10-40, lyinr betwlen U.S.
Bi,hway .1 and Lou 3 throurh '. of Block 5, KEY LARGO CITY, INDUSTllAL
SECTION, (PB 1-P 176), and the Southwe.terl)' Une of an ex1.tin, road. which
line 11 the extension Northwesterly of the Northeuterly lot Une of Lot " of laid
Block 5 to the Eastlrly rilht-of-wa)' Une of 0.5. Hirhway '1.
AND
AND LES S from 111 of the above describec! ro e . .
. 0 t t property w c es Wlt n eet .ac lide of the followini .descnbl~
centerline. accordlnl \0 the IUcht-of-Way Map for Section 10520-2601. part of lalt
centerline bein, more particularly de.cribec! a. followI:
Commence at the center of Section 31, Township 10 South. Ran,e 40 East i run t
190 27'30" E alenr the East-Welt i Slction Une of la1d Section 31, a d.1stanc. 0
140.11 feet; thence 5 380 23'32" W . distance of 1401.12 feet to the POIST 0'
BEGINNING of that part of the herein describlc! Centerline; thence N 380 23'32"
alon, .a1d centerline a distance of 1539.57 feet to the END, of la1d part of tt
herein described Centerline; thence N 00. 22'48" W alon, the North-South
Section Un. of Section 29, Township 10 South, Ran,e 40 East - a distance I
410.13 f.et to the center of sald Section 2~. Subject to exisUn, RiCht-of-Way f.
. S-105.
AND LESS
l' he Southeasterly 30 feet of Lot. 46. 47, 48. 41. 50. 51, 52. 53. 54. 55. 51, I
58. 51. 60. 11, 12, 13. 14, and 15 au in Block 5 and the Southeasterly SO feet
Loti 25, 17, 28. 10, 31, 32, 33, 14. 35. 36. 37, 18, I~. 40. 41. 42, 45. 41. 4
and 48 in Block I;,' Plat No. S, KEY LARGO CITY - INDUSTRIAL SECT Ie
accordinc to t!)e Plat as recorded in Plat Book 1, Paie 176 of the Public Reco:
of Monroe County, Florida, in Section 31, Township 60 South. Rance 40 East.
Pare 2
I '
EXHIBIT "B"
, ~ f
GARDEN COVE:
That portion of the South On'?-Half (S:) of Section 31, Township 60 South,
Range 40 East, Key Largo, Monroe County, Florida, descrIbed as follows:
"PLAT NO. I, KEY LARGO CITY GARDeN COVE SECTION", according to the plat
thereof. as recorded 1n Plat Book 1, PJge 157 of the Pub1 ic Records of
~onroe County, Florida;
TOGETHER WITH "PLAT NO.2 KEY LA~GO CITY GARDEN COVE SECTION NO.2",
according to the plat thereof, as recorded In P;at Book I, Page 195
of the Public Recurds of Monroe County, Florida:
TOGETHER WITH "PLAT ~IO. 5, KEY LARGO CITY INDUSTRIAL SECTION", according
to the plat thereof, as recorded 1n Plat Book I, Page 176 of the
Public Records of Monroe Count/, Florida;
TOGETHER WITH that portion of the fractional Southeast i of said
Section 31, Township 60 South, Range 40 East, lying Easterly of the
platted c~nter line of Country Club Drive, according to said
"PLAT NO.5, KEY LARGO CITY INDUSTRIAL SECTION" (P.B. I, P. 176)
and Northwesterly of the renter 1 ine of Tropic Drive, according to
said "PLAT NO. I, KEY LARGO CITY GARDEN COVE SECTICW' (P.B. 1, P. !57)
and Southwesterly of the center 1 ine of Loquat Drive, according to
said "PLAT NO.2, KEY LARGO Cln GARDEN COVE SECTION NO.2"
(P.3. I, P. 195),
LESS THERE FROM all of "REVISED PLAT PORTION OF BLOCK 5, PLAT NO, 5,
KEY LARGO CITY", according to t~e plat thereof, as recorded in
Plat Book 3, Page 155 of the Publ,c Records of Monroe County. Florida;
LESS THERE FROM Lots 1 and 2 of Block 2; Lots 1 through 5, inclusive,
of Block 4; all of Block 5; that portion of Ebony Drive ly~ng adjacent
to Lot 2, Block 1 and Lot 1, Blotk 2; Garden Cove Drive; Atlantic
Boulevard; and Loquat Drive; all as shown on said "PLAT NO. I,
KEY LARGO CITY GARDEN COVE SECTION ., (P.B. 1, P. 157);
LESS THERE FROM Lot 5 of Bloc~ 5; Lots 3 through 8, inclusive, of
Block 6; the Northwesterly 30 feet of Reef Drive lying adjacent to
said Lot 5, Block 5; the Southwesterly 10 feet of the 20 feet wide
alley adjace~t to said Lot 5; that portion of Gulf Boulevard lying
adjacent to Lot 3 of Block 5; Atlantic Boulevard; and Loquat Drive;
all as shown on ~aid "PLAT NO, 2 KEY LARGO CITY GARDEN COVE SECTION
NO.2" (P,B, I, p, 195);
LESS THERE FROM Blocks 2, 4 and 6; Lots 8, 9, 44 a"d 45 of Block 5;
that portion of F;rst Street lying ~djacent to saie Lots 8 and 9 of
Block 5; that portion of the alley lying adjacent to said Lots 8, 9,
44 and 45 of Block 5; Third Street; Loquat Orive; that portion of
Second Street lying adjacent to Blocks 2 and 4; that portion of
First Street lying adjacent to Blocks 4 and 6; the alleys lying in
said Blocks 4 and 6; that portion of Palmetto Street lying Northwester'y
of State Road S-905; and Garden Cnv~ Orive; all as shown on SJid
"PLAT NO, 5, KEY LARGO CITY INDUSTRIAL SECTION" (I'.B. I, P. '76);
LESS THERE FROM the I~U teet wide right-of-way for State Road S-905
as shown on State Right-of-Way Map Section 90520-2601
AND TOGETHER WITH that portion of the Southwest One-Quarter of said
Sectio~ 31, Township 50 South, Range 40 East, bounded on the West by
U.S. HIghway #1, bounded on tne North and East by said "PLAT NO, S.
KEY LARGO Cln INDUSTRIAL SECTlm~" (P.6, 1, P. 176); and bounded on the
South by the Northwesterly e~t~~sion of the Southwesterly lot line of
Lot 10, Block 5 of said "PLAT NO.5, KEY LARGO CITY I~IOUSTRrML SECTION"
(P.6. I, P. 176) to the Easterly right-of-way 1 ine of I).S, Highway 41
and bounded on the North and West by the following described parcel:
Page 1 of 2
Begin at the Northeast corner of Lot 13, of [Jlock J, of Plat No.5 of
KEY LMGO CITY IrIOUSTRIAL SECTiO,'I. 'lccordln'J to th~ Plat ther~of as "~
recorded In rlJt Book. 1, rol'Je 17(,. <If tile rubllC i1ecord~ of ~'onroe
County, FlorldJ; run thence alon') Llle Soutlleelsterly bounCJry line of
said Lot 13 and Lots 7, 6, 5. 4, J~ 2, Jnd 1 of sald ~lock J, of said
subdivision, and the prolon')elLl0n thereof, el distJnce of 2,0 feet to
a pOint (said point being 50 feet from the Southerly ~orner of said
Lot 1); thence run in J Southwesterly direction along a line perpen-
diculJr to the right-of-wJY of the Old Florida East Coast RJi1road,
to a point where said 1 ine meet: the right-of-way of said Florida
East Coast Railroad; thence run in a Northwesterly direction along
the Northeascerly boundary 1 in€: of sdid rig:1L-of-way to a poine where
a prolongation in a Southwesterly direction of the Northwesterly
boundary lines of Lots 1 and 2 of Glock 1 of said subdivision would
meet said right-of-wely; thence run In el Northeasterly dIrection along
the prolongation of the Northw~sterly boundary line of saId Lots 1 and
2 of Block 1 to the Southwesterly corner of said Lot 1. Block 1;
thence run in a Southeasterly direction along the Southwesterly boundaries
of said Lot 1, Block 1, and of Lot 7 of said Block 1 and of Lot 9
of said Block 3. to the point of beginning.
THIS DESCRIPTIO~ PREPARED BY:
/ ' /
//I~.(\~ ,4...,
Mi chae 1 D. A'I', rom, PLS
Florida R~9'stration r:u.
~
3268
Pa ge 2 of 2
EXHIB IT .e.
.'
PORT BOUGAINVIIJLE AND GARDEN COVE
WATER QUALITY MONITORING PROGRAM
General Provisions:
(1) Sampling sites:
Existing seven (7) groundwater wells at Port
Bougai nv ille;
Four (4) locations in each lake at Port Bougain-
ville;
Existing four
Cove, and two
mangroves;
(4) groundwater wells
( 2) "u ps t ream" from the
at Garden
impounded
One (1) location in the freshwater pond at the
main entrance to Garden Cove;
Existing monitoring stations in both Port Bougain-
ville marinas and off shore waters.
(2) Reports of water quality data are to be included in the
Annual Report required by Sec.tion 16 ~f the Garden Cove
Development Order, Resolution -1 83.
(3) The developer will undertake one comprehensi ve sed es
of in si tu tests of the natural uptake of potential
stormwater pollutants and permeability in the hammocks
of Port Bougainville. The methodology is to be
developed prior to final Major Development approval,
and the tes ts to be conducted pr ior to the completion
of Phase I of Garden Cove. The test results are to be
presented to the County, SFRPC and SFWMD.
(4) The groundwater sampling wells are not to be cased
below the mean high water elevation.
(5) The groundwater, lakes and pond will be moni tored as
specif ied below.
(6) Salinity, nutrients (N03N02NH3P04)' EH and dissolved
oxygen are to be measured at surface, mid and bottom
depths, where possible, and all other constituents are
to be measured at mid-depth (expect bottom quadrats and
infauna) .
I '
-.
I,
I. - Monitoring Schedule:
Test aoJar inalOff
eonsti tuent Groundwater ~ ~ Shore Metho1 ,',
LeBd Semi -annua 1, Semi -annual, ()Jarterly Semi. -annual (1)
Jan. arx3 June Jan. and June Jan. and June
.. II .. II (1)
Chrc.Ditl':l
.. .. II II (1)
Zinc ;
CCR;)er .. .. II .. (1)
Oils and Greases .. .. .. .. (1)
Pesticides, known .. .. .. II (1)
der i vati ves, PCB
All other bio1~i- .. .. .. .. (2 )
cally act! ve s~
stances, if and when
used on site (e.g. al-
gicides, fungicides,
etc. )
M)3,~,tti3,P04 Q.Jarterly Q.Jarterly QJarter1v l)Jarter1v (1)
l!2'l (r ed:Jx) lobnt. '11 y (1) or (3)
Salinity flt:r1thl y blthly ~th1y 'tnthly (4)
Sulfide ~rter1y (1)
Dissolved 02 "knthlv 't:nthlv '4cnthly [ (1)~J7)
Coliform Bacteria (5) , ().1arterlv / ~rterlv Semi -annual (1)
Weekly (8)
P1ankta'l ~rterly ().1arterly Semi -annual (1)
Botton Quadrats Quarterly Q.Jarterlv (6)
(Macroalgae )
Infauna Oxes Quarterly Quarterly Q.Jarterly (1)
aD ().1arterly ().1arterly ().1arterlv (1)
'It:C (Total QJarterly (1)
Organic Carbcrl)
'l'enp!rature flt:r1thl y Pblthly (1)
'l'Urbidity Quarterly (1)
- 4 -
I '
(
{
(
(
\.
FoOTNOTES:
(1) Latest edition of Standard ~ethods of Water and Wastewater
Anal VS is. ',',.
(2) Method to be specified at time monitoring is needed.
(3) Practical Handbook of Seawater Analysis, Fisheries Research Board
of Canada.
(4) Conductivity of refractometer.
(5) To be measured in groundwater if detected in any lake at concen-
trations higher than Health Department Standards for swimming
areas.
(6) In situ visual observat'ions.
(7) Surface, mid and bottom depth, whenever possible, within one hour
of sunrise and mid-afternoon.
(8) Weekly monitoring will be instituted only after lakes are cer-
tified by HRS as swimming areas.
- 5 -
I '
. .
, ,
! '
E XH I BIT "f) "
. .
PORT BOUGAINVILLE/GARDEN COVE - PUD
DEVELOPMENT p~~TERS/PHASING
PHASE A PHASE .B PHASE C TOTAL
USE (1984-7/85) (7/85-7/87) (7/87-7/89) ,"
RESIDENTIAL
SF 2 DU 2 DU
MF (Rental) 309 DU 359 DU 132 DU 800 DU
~ 544 .DU 848 DU 234 DU. 1626 DU
TOTAL 855 Dli 1207 DU 366 DU 2428 DU
Public Service
General Office
Medical Office
14.300
28,000 '-
10,000
i 7, 200
-53,000
10,000
2,900
;25,000
General Retail
Service Station
Restaurant
Fast Food
127,651
1..2.00
29,950
2,000
177,750
1,200
70,150
"2,000
50,099
40,200
HOTEL
Hotel Rooms 300 Rooms 170 Rooms 470 Rooms
Residential 130 DU 130 Rooms/DU
TOTAL 300 Rooms 300 Rooms/DU 600 Rooms/DU
RECREATION
Tennis Club 5,600 40,000 45,600
(6 Courts) (8 Courts) (14 Courts)
Yacht Club 5,600 5,600
Sports Field 30 Spaces 30 Spaces
Public Marina 180-Slips ISO-Slips
Private Marina 362-Slips 362-Sl1ps
Storage
(Laundy, Boat
Repair, Storage)
40,000
40,000
.3\-:3cc..
P
NOTICE OF INTENTION TO ADOPT COUNTY RESOLUTION
NOTICE IS HEREBY GIVEN that the Board of County Commissioners
of Monroe County, Florida, shall consider the passage of a Resolu-
tion on January 27, 1984, in Courtroom "B" of the Monroe County Court-
house Annex, 500 Whitehead Street, Key West, Florida, approving the
Garden Cove Development of Regional Impact application as directed
by the County Commission at its meeting of December 15, 1983. This
is not a public hearing.
Pursuant to Section 286.015, Florida Statutes, notice is given
that if a person decided to appeal any decision made by the Board
with respect to any matter considered at such meeting, he will need
a record of the proceedings, and that, for such purpose, he may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
to be based.
DATED at Key West, Florida, this 9th day of January, A.D. 1984.
DANNY L. KOLHAGE
Clerk of the Board of
County Commissioners of
Monroe County, Florida
(SEAL)
,. .
y 1 A
ri,.r. t a,; -4 :r '7‘e R .
z,
. .,
ti . .. :.
PROOF OF PUBLICATION
SERVING THE UPPER KEYS
BOX 1197, TAVERNIER, FL . 33070
STATE OF FLORIDA )
COUNTY OF MONROE )
— MS , W. B . WOLFF
Before the undersigned authc,rit.y,.personally appeared
, who on oath, says that he is EDITOR & PUBLISHER
of THE REPORTER, a weekly newspaper published at Tavernier, Monroe County, Florida;
that the attached copy of advertisement, being a LEGAL NOTICE
IN THE MATTER OF NOTICE OF INTENTION TO CONSIDER
---- ----in the - -- - : - Court, was . ublished •n-. i -
newspaper in .the issues of : -- _ •
' Affiant further says that the said REPORTER isr` µ u
newspaper published at Tavernier, in said Monroe Count "oTlr.EOFInTEN�IONToatx�Ilc�uvi� aH QP;U1`1bN
NOTICE IS HEREBY GIVEN that the Board of County Commissioners of
Florida, and that the said newspaper has heretofore b' bionroeCounty,Florida,Shall'considertne passageofaResolutionmrJanuary'
1984,in Courtroom"B"of the Monroe County Courthouse Annex,on Januirhead continuously published in the said Monroe County, Flo! Street,Ke}`West,Florida,approving tho Garden Cove Development ofRliehe d Impact Application as directed by the County Commission-at its meeting of
each week (on Thursday) , and has been entered as seco, December 15,1983.This is not a public hearing.
Pursuant to Section 286.015,Florida Statutes,notice is given that if a person
i
class mail matter at the Post Office in Tavernier, in decided to'appeal any decision made by the Board with respect to any matter:
considered aC such meeting,he will need a record of the proceedings,and t(at,fcir
County of Monroe, Florida, for a period of -one year r, such purpose,he may need to ensure that a verbatim record of the proceeding$i`3�
made,which record includes the testimony and evidence upon which the.appeal is
preceding the first publication of the attached copy ' wbebased. .
- DATED at Xey west,Florida,this 9th day of January,A.D.:1984.
advertisement; and affiant further says• that he has D
paid nor promised any firm, person, or corporation ai DANNrL.KOLHACE
• . Clerkofthe Board of
s of
discount, rebate, commission or refund for the purpo.. Cmionyoecoun'Lsi0nerFlorida
Published:1/19/84
securing this said advertisement for publication in The Reporter
Tavernier,FL 33070
said newspaper. ` , - _- -
g , 1'
SEA
SWORN TO AND SUBS I D BE-E7F,E MEr. TH I S-
27
- /�j
DAY OF y .ti A:D. ,g9
//l7/y.^;=:4 �• r:
NO GtC '" =
CTIT _ lit:IL STATE or FLora)6,
MY COMMISSION EXPLRES: MY COMMISSION EXPIRES APR 2 198
bUNlltll 1 HRU GENERAL INSURANCE UND.
r
MP
PROOF OF PUBLI
4-
THE FLORIDA KEYS KEYNOTER
Published Weekly
- ------ __.___MARATHON,_MONROE_000NTY, FLORIDA _
STATE OF FLORIDA
COUNTY OF MONROE )
Before the undersigned authority personally appeared Judith E. Proulx , who on oath, says
Office Manager
that he is of The FLORIDA KEYS KEYNOTER, a weekly newspaper published at Marathon, in
Monroe County, Florida; that the attached copy of advertisement, being a
Notice of Intention to Adopt County
Resolution
IN THE MATTER OF Garden Cove Development Regional Impact in the
Court, was published in said
newspaper in the issues of January 19, 1-984
r INTENTOIOtI�ClEOF
ADOPT
Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Mara- COUNTY RES-8119 ON
NOTICE IS HEREBY GIVEN
thon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously thatissionheers of M t Board ofonroe County Com-
m County,
Florida, shall consider the'pas-
ape of a Resolution of January
_`published in said Monroe County, Florida, each week_(on Thursday)and has been entered as second th M84, In Cdounty-Co 'tho of
— ----_- -------.-----_----— _--.-- - --- _-- -. - the Monroe_ ognty-Courthouse __
Annex 500 Whitehead Street,
class mail matter at the post office in Marathon, in said Monroe County, Florida, for a period of one the GardenCove adeapproving it
of,Regional Im act`-application
as directed by thie County Corrt-
missI%r t ils meeting of De-
year next preceding the first publication of the attached copy of advertisement; and affiant further cember �5, 1983. This is-not a
public hearing. Section`-286.015,
says that he has neitherpaid norpromised anyperson,firm,or corporation anydiscount, rebate, com- that if statutes,decided
is give
Y P that it a person dnotice to iv
peal any,decision made by the
board with respect to anymat-
mission or refund for the purpose of securingthis advertisement forpublication in the said newspaper. ter considered at such meeting,
P P he will need a record of the pro-
ceedings, and that, for such
purpose,he may need to ensure
that a verbatim record of the
proceedings is made,. which
record includes p the testimony
and evidence upon which the
ap a Is o bKW.s t,Florida,this 9th
day of January, A.D.
1984.
(SEAL) D CN eO3HAtlo oft
- County Commissioners of
/U Monroe County,Florida
SWORN TO AND , SCRIBED BEFORE ME THIS I Publish:January 19,1984 (Seal)
' Florida Keys Keynoter
DAY OF —CMS _ A.D. 19 /
R VP SB C e;,P S h '31DECEIVE D
eO J �� 1-00-,
DED THRU-GENERAL INSIJR —�
PROOF OF PUBLICATION
THE KEY WEST CITIZEN
Published Daily -
• Key West, Monroe. County, Florida 33040
STATE OF FLORIDA)
ss.
COUNTY OF MONROE)
Before the undersigned authority personally appeared
Manuel Jiminez
, who oI1 oath says that he is
•
Publisher of The Key West Citizen, a
•
daily newspaper' published at t ey West in Monroe Coyn1.7y:,,_Flor.ida; that.
the attached copy of advertisament, being a R •��•LU' •N. .
NOTICE IS HEREBY
GIVEN that the Board of
County , Commissioners of
Monroe County, Florida,
shall consider the'passage of
a Resolution on January 27,
in the matter of 1984,in Courtroom"B"of the
Intention to Adopt Co. Ord. Monroe County Courthouse
Annex,500 Whitehead Street, -
Key West,Florida,approving•
-
the Garden Cove Develop-
_ ment of Regional Impact
application as directed by the
Garden dove Development
County Commission at its
meeting of Deiemher 15,
1983. This is not a' public
Regional Impact Appl. hearing.
Pursuant to Section 286 015,
F lorida Statutes; notice is
(liven that is a person decided
•
tp appeal any decision made •
by the Board with respect to
•rny matter considered at
• •uch meeting; he will need a
record of the proceedings, •
was pu✓`is led in said n:^Nspa.per in the issues of I ;p allthrae ciotouenspurepthatha
1 r
verbatim record of the
proceedings is made, which
January 12' Zg� record includes the testimony '
7 w and evidence upon which the
appeal is to he based.
� • DATED at Key West•
Affiant further says s that the said Theo
Florid , this Key "u W lenuaray 1981491h day of
newspa-.e!.: punished at Key West, in said Monroe Co nANNY L KOLHAGE.Clerk
that i.iia s'�"^ the Board of CouClnty
- .ILeT'"i 41t, of`-?' has <-hetUlol"iO ',ear,. COIl'rrill c-ommissioners of Monroe
inf;:1:=i! J`i Y? QC County, Fl County,Florida
oricta, each -3.ay except Sa. Jan 12,1984
bec.i ! r_::'cti' ^c second
class mail i:2atz._.-i• at the so�,_• u;=;:1:ce in Key
West, in -d Y.f'Uroe County, YLo:r:-i.da L^.r of one r e:s
preceedir.; C'i! `i-.: .t pu 11-.1 t o, of atcac-S1ed copy of advertise-
ment; and :i.:;:' _ _ ;i: furl l': _.c;'e ':hat he has neither paid nor promised
any perso-,., r co:ti jJ-:J?:a i oP_ ^.ny discos nt,_rebate, ---
- — - - -- refund-f ; Lac _ .T r ose SeC-using this advertisement for publication
in the ;,aid r.eus i apes.
_ A
•
M'; C0;41J,ISSIOi EXR ORES i'� 1987 i%�✓./ �it`;'d=i`, .
?'` Ur.is
(SEAL) �J
Swo n to and subsea-1becI he fore m• -Chi&: .-.__. 7: -- ... -
• - day (Ao...�.%.r .E' A.D. 19 2,