Resolution 217-1984
RESOLUTION NO. 217 -1984
RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, FINDING NO
SUBSTANTIAL DEVIATION FROM AND AMENDING THE
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, Port Bougainville Associates, Ltd., a Florida
limited partnership, and Port Bougainville Enterprise, Inc., a
Florida Corporation, are the record title owners of a tract of
real property located in Monroe County, Florida, known as Port
Bougainville which is described by legal description attached
hereto as Exhibit "A" (hereinafter "Port Bougainville"), and Port
Bougainville Property Owners Association, Inc., a Florida
corporation not-for-profit, will be acquiring title interests in
Port Bougainville by closing on real property therein (herein-
after collectively referred to as the "Owner"); and
WHEREAS, Port Bougainville has been approved pursuant to
Resolution No. 277-1982 (hereinafter "Amended Port Bougainville
Development Order") by the Board of County Connnissioners for
Monroe County, Florida; and
WHEREAS, Garden Cove, Inc., a Florida corporation, 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 Garden Cove Property Association, Inc., a Florida
corporation not-for-profit will be acquiring title interests in
Garden Cove by closings on real property therein (hereinafter
collectively referred to as the "Applicant"); and
WHEREAS, Garden Cove is an interrelated project with, and a
substantial deviation to, Port Bougainville pursuant to Resolu-
tion No. 277-1982; and
WHEREAS, pursuant to Resolution No. 277-1982, Condition No.
43, the Owner was required 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 recommen-
dations 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 P1an/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 Bougainvi11e to enhance positive and mitigate
negative impacts based upon the results of the cumulative impact
review of Port Bougainvi11e and Garden Cove; and
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WHEREAS, Garden Cove has been approved pursuant to Resolu-
tion No. 044-1984 (hereinafter "Garden Cove Development Order")
by the Board of County Commissioners, Monroe County, Florida; and
WHEREAS, an appeal of the Garden Cove Development Order has
been filed by the Florida Department of Community Affairs ("DCA")
pursuant to Section 380.07, Florida Statutes; and
WHEREAS, the Board of County Commissioners has held a public
hearing on the Applicant's proposed changes to the Garden Cove
Development Order pursuant to the requirements of Chapter
380.06(17), Florida Statutes; and
WHEREAS, by this Amended Garden Cove Development Order the
Board of County Commissioners has modified previously approved
conditions and adopted additional conditions with respect to
Garden Cove and Port Bougainville to enhance positive and
mitigate negative cumulative impacts of the proposed develop-
ments; and
WHEREAS, a cumulative impact analysis of Garden Cove and
Port Bougainville was performed and conditions imposing respon-
sibilities upon the owners of both developments adopted, fulfill-
ment of said responsibilities is apportioned between both
developments relative to the source of the aforesaid cumulative
impacts.
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. Amended Garden Cove Development Order. This Resolution
shall hereinafter constitute the Amended Development Order for
Garden Cove.
3. Application of Resolution to Port Bougainville. The
additional conditions included in Section 9 hereof and the
proportionate obligations as also noted herein shall apply to
Port Bougainville in order to enhance positive and mitigate
negative impacts based on the results of the cumulative impact
review of Port Bougainville and Garden Cove.
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4. Legal Descriptions. The real property, known as Garden
Cove located in Monroe County, Florida, which is subject to this
Amended 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 Bougainville, is legally described and identified in Exhibit
"A" hereto which is hereby incorporated and made a part hereof as
if set forth in full.
5. Garden Cove Alternate Site Plan. The plan approved for
Garden Cove as contained in the amended ADA and previously
approved by the Garden Cove Development Order is hereinafter
modified and referred to as the "Revised Alternate Site Plan".
6. Findings of Fact. The following findings of fact are
made with respect to the Garden Cove ADA, as amended, and the
Revised Alternate Site Plan:
(a) Positive Regional Impact. The Board of County
Commissioners hereby finds that Garden Cove, when developed
according to the Revised Alternate Site Plan, would have the
following positive Regional impacts:
(1) Preservation of 31.53 acres, or 57.7 per-
cent, of the existing hardwood 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 vegeta-
tion 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 preser-
vation 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 several threatened and endangered plant species
indigenous to North Key Largo, but not currently on-site.
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(4) Provision of new habitat for the threatened
Schaus' Swallowtail Butterfly, currently being considered for
upgrading to the "endangered" designation by the Federal govern-
ment, by planting torchwood, the main host plant of the butter-
fly, 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, regarding
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 dump by area residents.
(7) Preservation of a .05 acre bay cedar transi-
tion forest unaltered.
(8) Preservation of the 6.57 acre impounded man-
grove and associated buttonwood transition zone north of Atlantic
Boulevard/Garden Cove Drive by restrictive covenant, although, as
an impounded vegetative community subject to the conditions
relative thereto set forth below, 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
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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 stan-
dards, and set a new standard for environmentally sound develop-
ment 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 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 miscel-
laneous 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) Provisions of extensive private and public
recreation facilities, with 74 percent of the site as open space,
including 38.3 acres (60 percent of the total site) in hammock
and mangrove forest preserve; and funding for the development of
a passive waterfront park including partial wetlands revegetation
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on the County-owned property adjacent to Garden Cove, between
Atlantic Boulevard and the Atlantic Ocean. 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 offices, health care and emergency facilities; construct-
ing 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 a fire station site, if requested
by the County, for fifty (50) years for the nominal rate of
$l.OO/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 Bougain-
ville/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,
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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-lane U.S. 1 from Key Largo to
Florida City, where congestion is likely to impose long delay of
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.
(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.
(b) Negative Regional Impacts. The Board of County
Commissioners hereby finds that Garden Cove, when developed
according to the Revised Alternate Site Plan and with Port
Bougainville would create negative cumulative Regional impacts,
for which mitigation measures have been specified, as follows:
(1) Removal of 23.16 of the 54.69 acres of
tropical hardwood hammock on the site, consisting of 7.25 acres
of highest value hammock (continuous canopy/high trees), and
14.86 acres of medium value hammock and 1.05 acres of low value
hammock; however, the project preserves 57.7 percent (31.53
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acres) of the hardwood hammock, and 100 percent of 7.6 acres of
mangroves and buttonwood, or 62 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 Bougainville, for a
total of 244.48 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 regu-
lations. In addition, although not part of the dedicated
preservation area, there will be 1.05 areas of hammock designated
for future parking only if necessary (1.9% of the total Garden
Cove hammock).
(2) Create a short term increase in air pollu-
tion due to the operation of a temporary concrete batching plant
during construction; however, the Owner 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 pollu-
tion due to automobile emissions from vehicles traveling to or
from the project. Although the Applicant's and the Owner's air
quality analysis projects I-hour and 8-hour emissions to be well
within State and County standards, the Applicant and Owner have
proposed frequent tram service between Garden Cove and Port
Bougainville, in addition to tram service provided by Owner
within Port Bougainville itself; the Owner will provide bicycle
paths and a grade-separated crossing under C-905 connecting the
two portions of Port Bougainville; and the Applicant and Owner
will conveniently locate bicycle paths, and traffic flow improve-
ments to C-905, U.S. 1, and their intersection; all of which
serve to reduce vehicle use and/or emissions associated with the
projects. In addition, the 244.48 acres of preserved forest
within Garden Cove/Port Bougainville will absorb carbon monoxide
emissions, further reducing air pollution, and the Applicant and
the Owner will, as a condition of the Development Order, fund or
conduct a long term study of the subtle effects of air pollution
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on tropical hammocks, including effects on symbiotic micro-
organisms, 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 sur-
face through infilling of naturally occurring spaces and compac-
tion; however, the proposed drainage plan will ensure retention
of runoff on-site.
(5) Remove upland, by excavation, that cannot be
reclaimed by hammock forest. However, the Owner's excavation
within Port Bougainville 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 Owner 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 responsibilities to restrict all boat access if it is
the source of an unacceptable amount of reef damage.
(7) Reduce pervious surface and introduce pollu-
tants 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 locat-
ing 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 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
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be routed to the Entrance pond, prior to overflow into the
hammocks, and to the impounded mangrove area, where any remain-
ing pollutants would be effectively contained and degraded by
biological processes. The drainage system proposed, which
includes the natural system, would contain and 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 and the
Owner are providing hurricane shelter capacity, equipped with
emergency power generators and communication equipment, far in
excess of that needed by project tenants; and Applicant and Owner
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 Owner 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 built-out of the Port Bougainville/Garden
Cove developments. In the event the Monroe County landfill
facility is not accepting solid waste prior to project built-out,
the Applicant and Owner will implement an interim alternative
method of solid waste disposal for their respective projects
until Monroe County is again accepting solid waste. In addi-
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tion, the Owner is proposing to install a solid waste compactor
further to reduce landfill requirements.
(11) Increase annual energy demand by nearly 50
billion BTUs to serve Garden Cove and 215 billion BTUs to serve
Port Bougainville, 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 Bougainville
and Ocean Reef, the Owner 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 and Owner have also proposed to incorporate
extensive energy conservation measures including solar water
heating, use of appropriate fuels, maintenance of extensive
natural vegetation, 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
Owner's Development Order.
(12) Increase student-age population by 204. The
Applicant and Owner have agreed to pay their respective equitable
shares for additional education facilities if necessary.
(13) Increase demand for security services in the
area; however, the Owner proposes to provide a private security
force on-site and the Applicant 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 and the Owner have proposed to provide
housing for 400 employees from Port Bougainville and Garden Cove.
The present value of this subsidy, which will limit employee rent
to 35 percent of gross average annual salary, is estimated by the
SFRPC at over $8 million.
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~'----~"~".'.'-'..' .."...-.....,~"....
(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 18,S82 trips at the end of Phase C generated by Port
Bougainville. By the end of Phase A, if the total traffic
volumes materialize as projected in the impact area such
projected volumes would necessitate reconstruction and signali-
zation of the intersection of U.S. 1/C-90S/Reef Drive in order to
maintain LOS IICII. Under those same projected volumes two other
intersections, U.S. l/Park Boulevard and Ocean Boulevard, would
require signalization. In conjunction with projected 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 IIEII if S,300 trips are not diverted to C-90S, but
would remain at LOS IICII if those trips did divert to C-90S. To
handle this diversion and protect traffic on C-90S, the projected
growth at the end of Phase B would require 4-laning between U.S.
1 and the northern edge of Port Bougainville. Under these same
circumstances, three additional intersections along C-906 --
Carysfort, Reef Drive, and Project Entrance #3 -- would require
signalization. In 1989, signalization of two projected entrances
-- #4 and #6 -- are also projected to be needed. The Owner has
previously agreed to fund his IIfair sharell 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 its equitable share. The total cost of
these improvements is $2.8 million, of which the Applicant's and
Owner's equitable share is $1.8 million. However, to ensure
construction of required improvements on a schedule to meet
project demand, the Owner would construct or fund $2.6 million of
these improvements, thereby relieving the County of the need to
come up with funding, until an impact fee ordinance is in place
to generate the required revenue. In addition the Applicant and
Owner have proposed a traffic monitoring program to measure and
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verify the above traffic assumptions as more fully described in
Applicant's Condition 29 below.
7. Approval of Amended Development Order. Based upon the
above findings of fact; conclusions of law set forth in Section
10 hereof; and the development conditions included in both
Sections 8 and 9 hereof, the Amended Development Order for Garden
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 Bougain-
ville. Those responsibilities contained in these Conditions (1)
though (40) which are to be shared by the Applicant and the Owner
are as set forth in Exhibit C. hereto.
A. THE APPLICANT (AND THE OWNER, AS APPLICABLE PURSUANT TO
EXHIBIT C HERETO), ITS SUCCESSORS AND/OR ASSIGNS WILL:
(1) Design a long term program to monitor the
possible impact of air pollution from increased traffic on hard-
wood 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 develop-
ment order; and implement and report the results of the approved
study design in accordance with all procedures and reporting re-
quirements specified therein. Apportionment of responsibility
for this condition is as set forth in Exhibit C.
(2) Use Best Management Practices to prevent
fertilizers and mosquito control pesticides from entering off-
shore 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 15, hereof report on the success of torchwood reintro-
duction in attracting the Schaus' Swallowtail Butterfly to the
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site and, if successful, prohibit collection of the Schaus'
Swallowtail Butterfly and enforce this prohibition with security
personnel and a designated Environmental Protection officer of
the Property Owner's Association as defined in condition 60 of
this Development Order.
(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 Covenants, 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 of 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. Apportionment of responsibility for this
condition is as set forth in Exhibit C.
(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. Apportionment of responsibility for this condition is
as set forth in Exhibit C.
(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 no less than 10% of the total
paved area of parking as interior parking "islands" or bio-reten-
tion islands reserving as much as possible the natural vegeta-
tion. The most valuable specimen trees, based on maturity and/or
rarity, will be preserved in these islands. Paving material such
as "Pavit Block" or other porous material will be used for all
parking spaces that immediately abut all interior islands of
preserved vegetation and surrounding all specimen trees for a
width of three (3) feet. 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.
16
(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 Bougainvi11e water quality
monitoring program and expand it to include Garden Cove, as
outlined in Exhibit D, 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 deterio-
ration in Port Bougainvi11e lake water quality below State
standards for swimming areas and/or "Class III Waters", the
Applicant or Owner, as applicable, 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 deteriora-
tion", 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 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 or the Owner as appropriate 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 or the Owner
will jointly agree upon revisions to the program within an
additional 60 days. Apportionment of responsibility for this
condition is as set forth in Exhibit C.
(15) Implement a water quality monitoring program
to measure the presence of pollutants in the waters within the
5.82 acre mangrove preserve area in Tract F of Garden Cove to
evaluate whether the run-off from Garden Cove into this presently
impounded mangrove area deteriorates water quality to the extent
that the connection of these waters to ocean waters by means of a
culvert would be harmful to marine life, specifically the John
17
Pennekamp Park Coral Reef. The precise parameters of pollutants
to be monitored will be established in consultation with DCA,
SFRPC, DER, DNR and Monroe County. The Applicant shall commence
this water monitoring program within sixty days of this Develop-
ment Order and will conduct quarterly testing each year during
the build-out of Garden Cove until one year from the date of the
last certificate of use and occupancy for any building within
Garden Cove. Written reports on these quarterly tests will be
sent to the above agencies throughout the testing program as part
of the annual report required pursuant to this Amended Develop-
ment Order. In the event that the level of pollutants in said
waters one (1) year from the date of the last Certificate of
Occupancy for any building within Garden Cove is such that the
connection of these waters to the ocean would be harmful to
marine life in violation of then applicable local, state and
federal water quality standards, then the impounded character of
this mangrove area shall not be altered by the Applicant,
provided, however, if the pollutant levels are found not to be
threatening to marine life then the Applicant shall at this own
expense, install a culvert under Atlantic Boulevard and perform
the necessary grading to connect this mangrove area to ocean
waters and create tidal exchange; provided, however, that the
Applicant can obtain the necessary governmental approvals.
(16) Aerate, and implement a schedule program of
harvesting biological material and debris from, the pond.
(17) 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.
(18) Stabilize all excavated and exposed soils
during construction by berming, mulching, planting and spraying
water, as appropriate, until final landscaping is completed.
(19) Direct runoff, during construction, into
swaled settling areas and use silt screens or riprap channels
during any activities that could produce runoff into water
bodies.
18
(20) Install low water volume toilets and
restricted flow shower heads and faucets in all residential
units.
(21) 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.
(22) Incorporate the following energy conserva-
tion measures into the project, in addition to those specified in
the Garden Cove Declaration of Covenants, Conditions and Restric-
tions:
reduce glazing on upper floors of retain 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;
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
9.0 in residential;
minimum use incandescent lighting;
measure which effectively yield, in the
cooling mode, R-ll in stud walls and R-19 in
ceilings;
use of light colored walls 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
shutoff within a few hours of closing.
(23) Provide housing, phased to coincide with
permanent employment in Garden Cove/Port Bougainville, for 250
employees on the Garden Cove site and for an additional 150
employees within 20 miles, according to the housing program
19
outlined in pp. 178 to 179 of the SFRPC DRI assessment. Appor-
tionment of responsibility for this condition is as set forth in
Exhibit C.
(24) Complete and implement the hurricane
evacuation plan for Port Bougainville/Garden Cove described in
Condition 25 of the Port Bougainville Amended Development Order,
Resolution No. 277-1982, and enter into a mutal 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. The
hurricane evacuation plan shall include but not be limited to the
following emergency measures:
(a) pre-storm event preparation, including:
suspension of hotel registration at the time
a hurricane watch is declared by Monroe
County or 35 hours before landfall,
whichever is earlier; securing of common
facilities, and evacuation of project
residents to the extent legally enforceable;
(b) Assignment of implementation and
coordination responsibilities to the Port
Bougainville/Garden Cove Security Force;
(c) Hurricane Shelter management;
(d) Post-storm event clean-ups.
In addition, the Applicant will insert the following language
into the Port Bougainville Condominium Documents and the Garden
Cove Condominium Documents:
"The State of Florida and/or Monroe County
may require residents to evacuate in the
event of a hurricane."
Apportionment of responsibility for this condition is as set
forth in Exhibit C.
(25) 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 the bona fide, documented bids presented by the Applicant at
the time he is ready to proceed with construction; the inter-
section of u.S. 1/C-905/Reef Drive as illustrated in figure 27 of
20
the Council DRI Assessment; and install (or provide a bond or
letter of credit for $100,000 in 1983 dollars) traffic signals at
the intersection of u.s. l/C-905 and u.s. l/Reef Drive; prior to
applying for a certificate of occupancy for any space in either
Garden Cove or Port Bougainville exceeding the cumulative amount
of development included in the Transportation, Phase A, project
development totals specified in Exhibit E attached hereto and
incorporated herein by reference. Apportionment of responsi-
bility for this condition is as set forth in Exhibit C.
(26) Design, obtain County approval of, and
construct (or provide a bond or letter of credit for $1,586,000
in 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-lane divided roadway; and
install (or provide a bond or letter of credit for $100,000 in
1983 dollars) traffic signals at the intersection 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 Bougainville, exceeding the cumulative amount of develop-
ment included in Transportation, Phases A and B, project devel-
opment totals specified in Exhibit E incorporated herein by
reference. Apportionment of responsibility for this condition is
as set forth in Exhibit C.
(27) Install (or provide a bond or letter of
credit for $100,000 in 1983 dollars) traffic signals at the
intersection of C-905/Project Entrance #4 and C-905/Project
Entrance #6 prior to applying for a certificate of occupancy for
the last Port Bougainville building. Apportionment of responsi-
bility for this condition is as set forth in Exhibit C.
(28) Complete, within three (3) months of the
effective date of the Amended Garden Cove Development Order, the
Upper Keys Traffic Study, incorporating projections for back-
ground traffic, all approved developments, including those with
Preliminary Development approval; the amount of development that
can be supported by various specific facility improvements; and
21
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. Apportionment of responsi-
bility for this condition is as set forth in Exhibit C.
(29) Annually submit a Traffic Monitoring Report
as part of the annual report referenced in Paragraph 15 hereof,
to DCA, the SFRPC and the County, that will measure the traffic
generated by Garden Cove and Port Bougainville as development of
these projects occurs. The program will be two-fold (1) to
measure and verify the traffic assumptions used in projecting the
cumulative impacts of the projects as contained in the Garden
Cove ADA, Question 31, Transportation, dated: revised September
1983, all supplemental responses and Finding of Fact XV of this
development order; (2) to ensure that level of service C is
maintained on all four (4) approaches to the intersection of Card
Sound Road (CR-90sA) and C-90s. The details of this program are
contained in the "Garden Cove/Port Bougainville Traffic Monitor-
ing Program" dated June 22, 1984, which is attached hereto as
Exhibit F. Apportionment of responsibility for this condition is
as set forth in Exhibit C.
(30) Fund or provide the following facilities
on-site to ensure the adequacy of public facilities and services:
(a) contribute $50,000 to Monroe County to
use in providing active recreational facilities in North Key
Largo; this $50,000 contribution is to be paid upon the issuance
of the first building permit for any building within Garden Cove;
(b) enter into a long-term lease, at the
request of the County, for the current fire station site, except
for easements and dedications necessary for road widening, at the
nominal rate of $l/year for fifty years provided, however, that
the County shall pay all associated taxes, insurance, operation
and maintenance costs; if at any time the County ceases to use
22
this site for a fire station the lease will terminate within 30
days of cessation of said uses;
(c) fund a passive, waterfront park on the
County property along Atlantic Boulevard, and undertake revegeta-
tion of a portion of the shoreline; and
(d) 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 provided, however,
that the County shall pay all associated taxes, insurance, opera-
tion and maintenance costs. If at any time the County ceases to
use said space for County services, the lease will terminate
within 30 days of cessation of said use. Apportionment of
responsibility for this condition is as set forth in Exhibit C.
(31) 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 this Garden Cove
Amended Development Order.
(32) Construct the retail uses1 at Garden Cove
and the residential uses at Port Bougainville (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 residen-
tial units in Port Bougainville have obtained certificates of
occupancy; and
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 obtained 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 cer-
tificates of occupancy; and
1 Retail uses includes all proposed retail uses listed on Table
20.9A of the ADA except for the movie theatre and bowling
alley.
23
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 any force majeure
ceases to be in effect, the Owner shall continue to be entitled
to receive residential building permits at Port Bougainville so
long as Applicant undertakes a continuous good faith effort to
construct the retail uses at Garden Cove in accordance with the
above schedule.
(33) Construct a minimum of 55,500 sq. ft. of
hurricane shelters situated in four separate buildings as
follows:
(1) The recreational building in Tract A of
Port Bougainville. (Between June, 1986 and June, 1987)
(2) The community/town hall located in
Tract D of Port Bougainville. (Between June, 1989 and June,
1990)
(3) The office and meeting area located in
Tract D of Garden Cove. (Between June, 1986 and June, 1987)
(4) The cinema located in Tract D Garden
Cove. (Between June, 1987 and June, 1988)
All such buildings will be designed 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 such structural elements of any such
building shall have an ultimate strength equal to or greater than
150% of the combined, calculated forces herein described.
24
2. All such buildings shall also be structurally
designed to resist forces created by gusts of wind 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
or force.
C. Openings: All glazings in exterior walls of said
buildings shall be closeable by means of shutters or other
appropriate devices designed 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 dis-
tributed to components according to the Standard Building Code
Section 1205.
E. Maximum Elevation: The minimum finish floor eleva-
tion 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 at
the site 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 emergency lighting,
emergency radio operations and communication to the emergency
center. Pumping equipment for emergency water supply shall be
installed at a minimum elevation of 15 feet above sea level. 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
25
the local Disaster Preparedness Team and the Monroe County
Sheriff's Department.
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; (3) shall be certified to that
effect by an independent registered Florida structural engineer
prior to construction; and (4) shall not reduce shelter capacity.
Apportionment of responsibility for this condition is as set for
in Exhibit C.
(34) Include within any Property Owner's Association
or Condominium Documents for Garden Cove and Port Bougainville, 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. Apportionment of responsibility for this condition is as
26
set forth in Exhibit C. In the event a Community Development
District is created pursuant to Chapter 190, Florida Statutes,
the responsibilities of said District shall include, but not be
limited to, providing said post-disaster redevelopment fund.
(35) 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.
(36) In the event the existing Monroe County landfill
facility in 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, an alter-
nate method of solid waste disposal shall be implemented 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 area is
developed. In the event that the Applicant or Owner is unable to
implement such an interim method of solid waste disposal for its
respective project, then no further building permits for such
project shall be sought by the Applicant or Owner, or granted by
Monroe County, until a solid waste disposal method is available.
(37) Revise the Alternate Site Plan by reallocating
the parking located in Tract C as set forth on the Revised
Alternate Site Plan. 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 C and increases the
parking area in the northeast portion of Tract C (these revi-
sions shall not change the total number of parking spaces now
provided in Tract C). The Revised Alternate Site Plan shall be
incorporated into the consolidated Application for Development
Approval required by Applicant's Condition (31) of the Develop-
ment Order.
(38) To compensate for the loss of hammocks resulting
from the removal of hammock at GARDEN COVE, contribute $313,740
27
to the Nature Conservancy, a non-profit corporation, for use by
the Nature Conservancy in acquiring hammock acreage in Monroe
County. This contribution is based upon the following formula:
Total hammock to be cleared for building
footprints and parking areas by GARDEN
COVE based on revised site plan
=
23.16
Less 50% of hammock already cleared for
existing platted roads in GARDEN COVE
where the actual footprint of proposed
development appears on the revised site
plan
Times 1.5 (mitigation factor)
Price per acre, $12,000
Total contribution
-5.73
=
26.15 acres
=
$313,740
Payment of this contribution will be made pursuant to the follow-
ing schedule:
(a) $31,374 prior to the issuance of a clearing permit
for any amount of hammock acreage at GARDEN COVE;
(b) $31,374 prior to clearing a total of more than
four (4) acres of hammock at GARDEN COVE;
(c) $31,374 prior to clearing a total of more than
eight (8) acres of hammock at GARDEN COVE:
(d) $31,374 prior to clearing a total of more than
twelve (12) acres of hammock at GARDEN COVE; and
(e) six (6) equal annual payments of $31,374 commenc-
ing one (1) year after the payment made pursuant to subparagraph
(d) above;
provided however, that in any event, the total sum of $313,740
will be paid no later than ten (10) years from the date of final
approval of this Amended Development Order.
(39) Amend the Garden Cove Condominium Documents to
provide that no domestic cats will be permitted to be kept by
residents of Garden Cove due to the threat that stray animals
which become feral might post to the Key Largo Wood Rat and
Cotton Mouse.
(40) Pay an equitable share of the costs associated
with the improvement of the toll facility on Card Sound Bridge as
specified in County Condition (44) herein below. Apportionment
28
of responsibility for this condition is as set forth in Exhibit
C.
B. THE COUNTY WILL:
(41) Withhold issuance certificates of occupancy for
any further Garden Cove and/or Port Bougainville 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.
(42) In conjunction with the Florida Department of
Transportation, install traffic signals, if warranted, at the
intersection of U.S. l/Park Boulevard and U.S. l/Ocean Boulevard.
(43) 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 Owner
pursuant to Owner Condition 9 below, and repave to minimum FDOT
design standards from the Bridge to C-905.
(44) Expand the capacity of the toll facility on Card
Sound Bridge either by adding another person(s) or installing an
automatic toll collector(s), whichever is more cost effective.
The cost for this improvement shall be equitably shared by the
Applicant/Owner and the County, based on the same methodology
used to determine the Applicant/Owner's and the County's
equitable share of other transportation improvements, as outlined
in pp. 203 to 215 of the SFRPC DRI Assessment. A recommended
toll facility improvement, and the recommended equitable share
allocation shall be submitted to the SFRPC for review and
approval prior to implementation of the improvement for
Applicant/Owner contribution to the cost of the facility
improvement.
29
(4S) 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-90S, C-90SA,
and U.S. 1, as well as the costs of reconstruction of the U.S.
1/C-90S intersection, in order to reimburse the App1i-
cant/Owner, by phase, for the construction of transportation
improvements, required by Conditions 24 and 2S, over and above
his equitable share; or reimburse the Applicant/Owner from
general County revenue.
(46) 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 2S and 26, as soon as design and engineer-
ing plans for such improvements are completed and approved, which
approval shall not be unreasonably withheld, and funding for such
acquisition is available.
C. ADDITIONAL CONDITIONS APPLICABLE TO PORT BOUGAINVILLE TO
MITIGATE ADVERSE OR ENHANCE BENEFICIAL REGIONAL, LOCAL
OR SITE SPECIFIC IMPACTS; THE OWNER, ITS SUCCESSORS AND
ASSIGNS WILL:
(47) Implement on Port Bougainvi11e a road and a
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.
(48) 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.
deep well injection sewage treatment plant, or, if
required by governmental permitting agencies,
tertiary treated effluent spray irrigation system
600,000 gallon water storage tank
solid waste compactor
pedestrian/tram tunnel under C-90S
In addition, Florida Keys Electric Cooperative's pending
permit application for a substation site in North Key Largo is
denied, the Owner will provide a site for a substation in Port
30
Bougainville and, if necessary, front-end the costs of installing
the transformer, with repayment terms to be negotiated between
the Owner and the Utility.
(49) Implement for Port Bougainville all transporta-
tion system improvements specified in above Condition 25, 26 and
27 on the schedule specified therein, in fulfillment of the
requirements of Condition 42 of the Amended Port Bougainville
Development Order.
(50) Ensure on Port Bougainville/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.
(51) Revise the current preservation covenant,
applicable to the mangrove acreage described in Condition 23 and
the hammock acreage described in Condition 23 and the Amended
Development Order for Port Bougainville, to incorporate the terms
and provisions of the Garden Cove Preservation Covenant, as
revised pursuant to above Condition; record the revised preserva-
tion 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.
(52) Clarify whether FEMA flood elevation standards
for V2l, elevation 15 and 17, classifications apply to any
portion of the Port Bougainville site and, if so, revise
construction plans to meet these requirements.
(53) Incorporate biological retention islands, as
described in the Council DRI Assessments for Garden Cove, into
the Port Bougainville drainage system, subject to approval by the
South Florida Water Management District.
(54) 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
31
further provide all or a part of the remaining 50% of the fill
necessary to so raise Card South Road at $3.70 per cubic year
(1983 Dollars). All fill donated or provided will be from the
Port Bougainville site and will be made available to the County
at the site. In any event, the Owner's responsibility to provide
this fill to the County will expire as of December 31, 1986,
unless extended by mutual consent of the Owner and the County.
(55) Finance $75,000 for a study and plan for manage-
ment of in John Pennekamp Coral Reef State Park and Key Largo
National Marine Sanctuary (hereinafter "Plan"). Said Plan shall
be conducted by Florida Audubon Society which will seek the par-
ticipation of the appropriate governmental agencies including DNR
and NOAA and shall provide DCA with the official positions of
these agencies as to the extent of their participation, if any.
The Plan will include, but not be limited to, consideration of
the following design elements:
(1) creation of an entry permit system with
designated transient or "pass-through" corridors;
(2) design of a testing/certification program for
commercial drive boat operators, who, upon adoption of new
regulations, would be required to be certified to operate in the
park/sanctuary and receive a permit therefore;
(3) zonation of the park/sanctuary to facilitate
"rotating closures" and thus promote resources recovery from the
impacts of human use;
(4) identification of appropriate locations for moor-
ing buoys to accommodate all anticipated visitor use and thus be
able to prohibit anchoring on coral within the park/sanctuary,
except in emergency situations;
(5) marking the boundary of the park/sanctuary to
facilitate enforcement of the entry permit system;
(6) marking areas where all motorboat operators would
be prohibited (i.e., shallow areas where the reef is exposed at
low water) ;
(7) design of informational material regarding
operating procedures to protect the reef to be distributed to
32
private boat operators in connection with the entry permit
system.
Special consideration shall be given to the needs of DNR and
NOAA with respect to any additional design elements which may be
included for consideration in the Plan. The Plan shall be
submitted by Florida Audubon Society to DNR and NOAA for their
review and consideration for adoption in total or part,
consistent with applicable state and federal law. DNR and NOAA
will seek the comments of the Florida Audubon Society and other
interested parties in any actions they initiate to adopt all, or
portion of, the Plan.
(56) Finance $50,000 ($10,000 of which may be allo-
cated to preparation of the Plan set forth in Owner Condition No.
10 hereof) for the installation of anchor buoys in selected areas
of the John Pennekamp Coral Reef State Park (hereinafter "Park")
and Key Largo National Marine Sanctuary (hereinafter "Marine
Sanctuary") to assist in protecting the reef against boat anchor-
age damage. The location of said buoys shall be coordinated with
the findings of the Plan set forth in Owner Condition No. 10
hereof, provided, however, that the buoys are to be located
primarily in the northeasterly portion of the Park and Marine
Sanctuary. Payments shall be made as follows: the first pay-
ment not to exceed $20,000 shall be made upon the approval by DNR
and/or NOAA authorities of the installation of said buoys; the
remainder shall be paid upon the issuance of certificates of
occupancy for 1,000 residential units at Port Bougainville or on
December 31, 1987, whichever occurs first.
(57) Finance $20,000 for a survey by a certified land
surveyor to identify the western boundary of the John Pennekamp
Coral Reef State Park:
A. Project Limits:
1. The project area shall be defined as lands
within John Pennekamp Coral Reef State Park and those lands west
of the Park and east of State Road 905 and U.S. 1. The north and
south boundaries of the properties to be mapped shall be defined
33
by the westerly projection of the north and south lines of John
Pennekamp Coral Reef State Park.
B. Technical Specifications:
1. All survey and mapping work performed
under the terms of this stipulated agreement shall be in
compliance with the Minimum Technical Standards for Land Surveys
in Florida, Chapter 21HH-6, F.A.C., and shall be reviewed and
approved by the Bureau of Survey and Mapping, Division of State
Lands, Department of Natural Resources.
2. Mapping:
a. Current aerial photographs of the project
area at a flight height suitable for enlargement to a scale of 1"
= 200' and rectification.
b. On 24" X 36" sheets of scaled and
rectified film positive mylar enlargements of the aerial photo-
graphs (scale 1" = 200') the following shall be shown:
(1) The current title ownership, both
privately and state-owned. This title information shall be
complied by the surveyors from the best available information.
(2) Any conveyance or lease of submerged
lands within the project area. This information shall be
provided by the Bureau of State Lands Management, Division of
State Lands, Department of Natural Resources.
(3) The approximate location of the mean
high water line. This line shall be determined by photo
identification of the mean high water line based upon the
surveyor's knowledge of the location of the line from previous
mean high water surveys performed by himself or others.
c. The Department of Natural Resources will
be provided with two sets of film positive mylar enlargements of
the scaled and rectified aerial photographs at a scale of I" =
200' .
d. Locate and monument the intersection of
the north and south lines of the John Pennekamp Coral Reef State
Park with the man high water line, subject to the Department of
Natural Resources' interpretation of the intent of the north line
of the Park.
34
e. Locate and establish the geodetic position
of the existing state park boundary markers (two on the north and
south line of the Park boundaries to be identified by the John
Pennekamp Coral Reef State Park personnel) along the north and
south boundaries of the John Pennekamp Coral Reef State Park,
seaward of the mean high water line.
3. In addition to the above, the following
for those lands with the projected area north of the Port
Bougainville Development.
a. The each ownership of a minimum of
five (5) acres, the acreage of that ownership broken down into
the following:
(1) Upland acres.
(2) Acres between the approximate
mean high water line and the "landward extent of the water of the
State" as defined in Chapter 17-4 F.A.C.
(3) Acres between the approximate
mean high water line and the boundaries of any submerged land
deed lines, if applicable.
b. The zoning of each ownership parcel
shown.
C. The above shall be provided within ten (10)
months of the date of this Amended Development Order.
In the event that contributions from other parties, after a
period of six months, are not sufficient to complete the survey,
the Owner shall contribute or cause to be contributed an addi-
tional $16,000 of the necessary funds, for a total financial
contribution of $36,000.
(58) Use best efforts to assure that the lands adja-
cent to Lake Surprise, identified on Exhibit G, are deeded to
either the Nature Conservancy, the Florida Trustees of the
Internal Improvement Trust Fund or the U.S. Fish and Wildlife
Service, whichever will accept title to said lands, to be pre-
served in their natural state in perpetuity. Transfer of these
lands shall commence within three (3) months of securing written
agreement to said transfer from either of the aforesaid
35
recipients. These lands so conveyed shall be preserved by deed
restriction in their natural state in perpetuity.
(59) Construct a wetlands protection fence along the
edge of the existing filled roadways abutting the mangrove pro-
tection zone within the Port Bougainville's property along Lake
Surprise. Construction of said fence shall be completed within
six (6) months of final approval of this Amended Development
Order.
(60) Include terms in the documents establishing the
Port Bougainville Property Owners Association which will obligate
said Association at all times to employ a qualified individual to
serve as an "Environmental Protection Officer" ("EPO"). The
duties of the EPO shall commence no later than April 1, 1985 and
shall be as follows:
(a) monitoring of all environmentally related
operating procedures at Port Bougainville and Garden Cove;
(b) design and implement, in conjunction with
the Owner an environmental education program for owners and
visitors of Port Bougainville and Garden Cove, as well as for
commercial and pleasure boat operators in and around these
projects; and
(c) conduct research and review the testing
which is required pursuant to the final Amended Development
Orders for Port Bougainville and Garden Cove and such other
research as may be appropriate; if possible, the EPO will be
deputized by the U.S. Fish and Wildlife Service and/or the
Florida Game and Freshwater Fish Commission with arrest powers.
(61) Establish a marina management program in the Lake
Surprise Marina and surrounding waters. This program shall
include:
(a) A four foot maximum draft restriction on all
watercraft using the marina.
(b) Deed restrictions, condominium document
restrictions, and clauses in all marina space leases which pro-
hibit the operation of motorized watercraft at high speed in Lake
Surprise, and operation of motorized watercraft in Lake Surprise
36
outside of a marked channel (except such boats as are necessary
for management, environmental study, and safety or control of
recreational activities). "Jet Ski" and "Wet Bike" watercraft
shall be prohibited from operating in the marina.
(c) The establishment and marking of a "channel"
across Lake Surprise (consisting of markers only and no
dredging). The marking of this channel shall be contingent upon
the approval of the placement of channel markers by appropriate
government agencies.
(62) Amend the Port Bougainville Condominium Documents
to provide: (1) motorized watercraft in the internal lake system
shall be limited to a maximum size of 20 feet in length, except
with respect to those condominium units sold or reserved as of
the date of this amended development order; and (2) that no
domestic cats will be permitted to be kept by residents of Port
Bougainville due to the threat that stray animals which become
feral might pose to the Key Largo Wood Rat and Cotton Mouse.
(63) File of record a declaration of restrictive
covenants immediately after the final approval of this Amended
Development Order which prohibits the surface water connection of
the internal lake systems in Port Bougainville to the marinas or
any other outside surface water by way of any dredged or
excavated channel, canal or ditch.
(64) Convey by deed the acreage of hammock and
mangrove areas to be preserved pursuant to the Amended Develop-
ment Order for Port Bougainville, Monroe County Resolution No.
277-1982, and Applicant Condition No. (4) of this Amended
2
Development Order_ to the Nature Conservancy , the State of
Florida or U.S. Fish and Wildlife Service whichever shall accept
said conveyance, in accordance with the time schedule set forth
below, subject however, to: easements necessary to the opera-
tions of the respective property owner's association including
maintenance, insect and pest control and, if necessary, spray
irrigation of tertiary treated effluent; the preservation
2 This obligation will be met by the Applicant as to Garden
Cove.
37
covenants required pursuant to the Amended Development Order for
Port Bougainville, Resolution No. 277-1982 and the Garden Cove
Development Order, Monroe County Resolution No. 044-1984; and,
reservations of development rights for Port Bougainville and
Garden Cove specifically limited to use of the deeded land area
for calculation of any zoning requirements including, but not
limited to, unit density, lot area, and setbacks necessary to
assure that the improvements to be constructed at Port Bougain-
ville and Garden Cove comply with all applicable zoning and other
land use regulations of Monroe County. Beyond the aforementioned
hammock and mangrove preserve acreage, all contiguous hammock
area which is 1/2 acre or more in size will also be deeded to the
Nature Conservancy, the State of Florida or the u.S. Fish and
Wildlife Service. Maintenance of said deeded preserve areas
shall remain the responsibility of the respective property owners
associations. The transfer of ownership to the Nature
Conservancy or other non-profit conservation organization or
public agency will occur within 90 days of completion of all
improvements in each platted tract in which said hammock or man-
grove areas are located, except for Garden Cove's mangrove pre-
serve in Tract F on the Atlantic side which will be kept until
the water quality monitoring program referenced in Condition 15
hereof is completed.
9. 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:
38
1. The development does not unreasonably inter-
fere 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 Amended
Development Order, is consistent with the report and recommenda-
tions of the South Florida Regional Planning Council, dated
October, 1983.
4. The conditions specified in Sections 8 and 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 Bougainville
Development Order. Further, such conditions and plan changes
approved hereby are deemed not be to substantial deviations from
either the 1982 amended Port Bougainville Development Order or
the previously approved Garden Cove Development Order.
5. Zoning Board Resolution MD 83-20 issued
subject to the issuance of a final Garden Cove Development Order
is hereby modified to the extent that is is inconsistent with
this Amended Development Order and all conditions incorporated
therein as modified are hereby made a part hereof as being
applicable to Garden Cove;
(d) Upon adoption of this Amended Development Order it
shall supercede the Garden Cove Development Order issued as
Resolution No. 044-1984, and shall render that previous action
null and void.
10. Incorporated 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 Applica-
tion for Development Approval is a condition for approval unless
39
waived or modified by agreement among the County, SFRPC, DCA and
the Applicant, its successors or assigns.
11. Incorporation of SFRPC DRI Assessment by Reference.
The SFRPC DRI Assessment for the Garden Cove PUD is hereby incor-
porated by reference into this Amended Garden Cove Development
Order.
12. Expiration Date for Amended 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 Amended Development Order:
Completion of at least 25,000 square feet of Phase I commerical
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 $185,000 in 1983 dollars or the total cost
of the improvements according to bona fide, documented bids pre-
sented by the Applicant at the time he is ready to proceed with
construction) of the U.S. 1/C-90S/Reef Drive Intersection,
including signalization of U.S. 1/C-90S/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.
13. Substantial Deviation Condition. The following changes
to the approved development plan shall be deemed to be a substan-
tial deviation, pursuant to ~ 380.06(17), F.S. requiring
resubmittal of a DRI application, and a major change, pursuant to
Chapter 19, Article XI, ~ 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 (22 units) or total non-residential space
(210,100 sq. ft.).
any excavation of the pond in Tract B 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.
40
marketing of residential units for timesharing
(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 ~ 380.06(17), F.S., nor will such changes require
further County review, pursuant to Chapter 19, Article XI,
19-234(i) and 19-237(7):
any change made pursuant to or in compliance with
this Amended 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
Amended Development Order shall be evaluated pursuant to statu-
tory requirements to determine whether the change is a substan-
tial deviation or a major change.
14. Designation of County official to Monitor Compliance.
The Monroe County Planning Director is designated as the local
official responsible for assuring compliance with the Develop-
ment Order and all of its Conditions.
15. Annual Report. The Applicant shall be required to file
an annual report in accordance with ~ 380.06(14)(c)(3), Florida
Statutes and Applicant Conditions 3 and 14 of this 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 build-
ing 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, pro-
jections and assumptions made in the ADA.
41
4. An assessment of compliance with all conditions of
this Amended Development Order.
5. A summary on the success of the torchwood reintro-
duction 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 ~ 380.06(16),
Florida Statutes.
16. Notice of Filing of Development Order. The Applicant
shall file a notice of Adoption of Development Order as required
by ~ 380.06(14)(d), Florida Statutes, specifying that this
Amended Development Order runs with the land and is binding on
the Applicant, its successors, and/or assigns.
17.. Effective Date. This Resolution shall become effective
as provided by law. The time period specified in Applicant/Owner
Condition numbers 14, 15, 24, 55, 56, 57, 59, 60, 63, and 64
shall be stayed until ninety (90) days after construction work is
recommended on Port Bougainvi11e/Garden Cove.
Passed and Adopted by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 27th day of July, A.D. 1984.
.\,
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY~ 0~
Mayor/Chairman
(SEAL)
Attest:
DANNY L. KOLHAGE, Clerk
=7 ~/
-cf (. ,
L-: /
/ . ",<,-t:'
42
EXHIBIT "A"
PORT BOUGAINVILLE
The following described property located in Monroe County,
Florida:
PORT BOUGAINVILLE -- A Resubdivision of "First Revised
Plat of North Largo Yacht Club Plat No. I" according to
the Plat thereof, as recorded in Plat Book 7, Page 21
of the Public Records of Monroe County, Florida.
All of the SW 1/2 lying North and East of U.S. Highway
#1, in Section 31, Township 80 South, Range 40 East,
and less and except therefrom Plat No.5, of KEY LARGO
CITY, INDUSTRIAL SECTION, according to the Plat thereof
recorded in Plat Book 1, Page 176, and less Dixie High-
way not included in said Plat, and less and except
therefrom the Revised Plat of Portion of Block 5 of Key
Largo City Subdivision according to the Plat hereof
recorded in Plat Book 3, Page 155 and PORT BOUGAINVILLE
-- a Resubdivision of "First Revised Plat of North
Largo Yacht Club Plat No. I" according to the Plat
thereof, as recorded in Plat Book 7, Page 21 of the
Public Records of Monroe County, Florida, and less and
except therefrom that portion of the S.W. 1/2 Section
81-60-40, lying between U. S. Highway #1 and Lots 3
through 7, of Block 5, KEY LARGO CITY, INDUSTRIAL SEC-
TION (Plat Book 1, Page 176), and the Southwesterly
line of an existing road, which line is an extension
Northwesterly of the Northeasterly lot line of Lot 7,
of said Block 5 to the Easterly right-of-way line of
U. S. Highway #1.
AND LESS from all of the above described property: All of that
property which lies within 75 feet each side of the following
described centerline, according to the Right-of-Way Map for
~ 90520-2601, part of said centerline being more particularly
described as follows:
Commence at the center of ~ 31, Township 60 South,
Range 40 East; run 890 7'30" E along the East-
West Section line of said Section 31, a distance of
640.11 feet; thence S 380 23'32" W a distance of
1401.82 feet to the POINT OF BEGINNING of that part of
the herein described Centerline; thence N 380 23' 32"
along said centerline a distance of 7539.57 feet to the
END of said part of the herein described Centerline;
thence N 000 22' 48" W along the North-South Section
line of Section 29, Township 60 South, Range 40 East --
a distance 410.83 feet to the center of said Section
29. Subject to existing Right-of-Way _ S-905.
AND LESS
The Southeasterly 30 feet of Lots 46, 47, 48, 49, 50,
51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64,
and 65 all in Block 5 and the Southeasterly 30
feet of Lots 25, 27, 28, 30, 31, 32, 33, 34, 35,
36, 3~8, 39, 40, 41, 42, 45, 46, 47, and 48 in Block
6; Plat No.5, KEY LARGO CITY -- INDUSTRIAL SECTION
according to the Plat as recorded in Plat Book 1, Page
176 of the Public Records of Monroe County, Florida, in
Section 31, Township 60 South, Range 40 East.
EXHIBIT "B"
GARDEN COVE
That portion of the South One-Half (S-1/2) of Section 31,
Township 60 South, Range 40 East, Key Largo, Monroe County, Flor-
ida, described as follows:
"PLAT NO.1, KEY LARGO CITY GARDEN COVE SECTION",
according to the plat thereof, as recorded in Plat Book
1, Page 157 of the Public Records of Monroe County,
Florida;
TOGETHER WITH "PLAT NO. 2 KEY LARGO CITY GARDEN COVE
SECTION NO.2", according to the plat thereof, as
recorded in Plat Book 1, Page 195 of the Public Records
of Monroe County, Florida;
TOGETHER WITH "PLAT NO.5, KEY LARGO CITY INDUSTRIAL
SECTION", according to the plat thereof, as recorded in
Plat Book 1, Page 176 of the Public Records of Monroe
County, Florida;
TOGETHER WITH that portion of the fractional Southeast
1/2 of said Section 31, Township 60 South, Range 40
East, lying Easterly of the platted center line of
Country Club Drive, according to said "Plat No.5, KEY
LARGO CITY INDUSTRIAL SECTION" (Plat Book 1, Page 157)
and Southwesterly of the center line of Loquat Drive,
according to said "PLAT NO.2, KEY LARGO CITY GARDEN
COVE SECTION NO.2" (Plat Book 1, Page 195);
LESS THERE FROM all of "REVISED PLAT PORTION OF BLOCK
5, PLAT NO.5, KEY LARGO CITY", according to the plat
thereof, as recorded in Plat Book 3, Page 155 of the
Public 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 6; that portion
of Ebony Drive lying adjacent to Lot 2, Block 1 and Lot
1, Block 2, Garden Cove Drive; Atlantic Boulevard; and
Loquat Drive; all as shown on said "PLAT NO.1, KEY
LARGO CITY GARDEN COVE SECTION (Plat Book 1, Page 157);
LESS THERE FROM Lot 5 of Block 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 adja-
cent to Lot 5, that portion of Gulf Boulevard lying
adjacent to Lot 3 of Block 6; Atlantic Boulevard; and
Loquat Drive; all as shown on said "PLAT NO. 2 KEY
LARGO CITY GARDEN COVE SECTION NO. 2 (Plat Book 1, Page
195);
LESS THERE FROM Blocks 2, 4, and 6; Lots 8, 9, 44 and
45 of Block 5; that portion of First Street lying adja-
cent to said 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 Drive; 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 por7
tion of Palmetto Street lying Northwesterly of Stat'e
Road S-905; and Garden Cove Drive; all as shown on said
"PLAT NO.5, KEY LARGO CITY INDUSTRIAL SECTION" (Plat
Book 1, Page 176);
LESS THERE FROM the 150 feet 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 Section 31, Township 60 South, Range 40
East, bounded on the West by U.S. Highway #1, bounded
on the North and East by said "PLAT NO.5, KEY LARGO
INDUSTRIAL SECTION" (Plat Book 1, Page 176), and
bounded on the South by the Northwesterly extension of
the Southwesterly lot line of Lot 10, Block 5 of said
"PLAT NO.5, KEY LARGO CITY INDUSTRIAL SECTION" (Plat
Book 1, Page 176) to the Easterly right-of-way line of
U. S. Highway #1 and bounded on the North and West by
the following described parcel:
Begin at the Northeast corner of Lot 8, of
Block 3, of Plat No. 5 of KEY LARGO CITY
INDUSTRIAL SECTION, according to the Plat
thereof as recorded in Plat Book 1, Page
176, of the Public Records of Monroe County,
Florida; run thence along the Southeasterly
boundary line of said Lot 8 and Lots 7, 6,
5, 4, 3, 2, and 1 of said Block 3, of said
subdivision, and the prolongation thereof, a
distance of 230 feet to a point (said point
being 50 feet from the Southerly corner of
said Lot 1); thence run in a Southwesterly
direction along a line perpendicular to the
right-of-way of the Old Florida East Coast
Railroad, to a point where said line meets
the right-of-way of said Florida East Coast
Railroad; thence run in a Northwesterly
direction along the Northeasterly boundary
line of said right-of-way to a point where a
prolongation in a Southwesterly direction of
the Northwesterly boundary lines of Lots 1
and 2 of Block 1 of said subdivision would
meet said right-of-way; thence run in a
Northeasterly direction along the prolonga-
tion of the Northwesterly boundary line of
said Lot 1 and 2 of Block 1 to the Sou th-
westerly corner of said Lot 1, Block; 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 DESCRIPTION PREPARED BY:
- 2 -
EXHIBIT C
APPORTIONMENT OF RESPONSIBILITY
BETWEEN
GARDEN COVE AND PORT BOUGAINVILLE
A. Conditions (1), (25), (26), (27), (28), (29) and (40)
are intended to mitigate the cumulative impacts of the number of
external trips generated by Port Bougainville (21,297) plus the
addi tional external tr ips attr ibutable to Garden Cove (4869).
Based upon the relative number of trips generated, Garden Cove is
responsible for 16 percent of the impact to be mitigated and Port
Bougainville is responsible for 84 percent. Therefore, the
responsibility for fulfilling these conditions is to be shared on
this 16%/84% basis.
B. Conditions (8) and (9) are intended to mitigate the
cumulative impacts of establishing a total of 4 fueling stations
(3 in Port Bougainville and 1 in Garden Cove). Based upon the
relative number of fueling stations located in each development,
Garden Cove is responsible for 25 percent of the impact to be
mi tigated and Port Bougainville is responsible for 75 percent.
Therefore, responsibility for fulfilling these conditions is to
be shared on this 25%/75% basis.
C. Condition (14) is intended to mitigate the cumulative
impacts of these developments upon ground water and offshore
water quality. Based upon the relative number of testing
stations (7 in Garden Cove and 28 in Port Bougainville), Garden
Cove is responsible for 20 percent of this mitigation effort and
Port Bougainville is responsible for 80 percent. Therefore,
responsibility for fulfilling this condition is to be shared on
this 20%/80% basis.
D. Condition (23) is intended to mitigate the cumulative
impact of total employees to be employed by Garden Cove (335) and
Port Bougainville (1150). Based upon the relative number of
employees, Garden Cove is responsible for 23 percent of the
impact to be mitigated and Port Bougainville is responsible for
77 percent. Therefore, responsibili ty for fulf illing this con-
dition is to be shared on this 23%/77% basis.
E. Conditions (24), (30), (33) and (34) are intended to
mitigate the cumulative impacts of the population generated by
Garden Cove (222 residential units) and Port Bougainville (2806
residential units). Based upon the relative number of residen-
tial uni ts, Garden Cove is responsible for 7 percent of the
impact to be mitigated and Port Bougainville is responsible for
93 percent. Therefore, responsibility for fulfilling these
conditions is to be shared on this 7%/93% basis.
EXHIBIT "0"
PORT BOUGAINVILLE AND GARDEN COVE
WATER QUALITY MONITORING PROGRAM
General Provisions:
(1) Sampling sites:
Existing seven (7) groundwater wells at Port Bougain-
ville;
( 2 )
( 3 )
( 4 )
( 5)
( 6 )
Four (4) locations in each lake at Port Bougainville;
Existing four (4) groundwater wells at Garden Cove,
and two (2) "upstream" from the impounded mangroves;
One (1) location in the freshwater pond at the main
entrance to Garden Cove;
Existing monitoring stations in both Port Bougainville
marinas and offshore waters.
Reports of water quality data are to be included in the
Annual Report required by Section 16 of the Garden Cove
Development Order, Resolution No. -1983.
The developer will undertake one comprehensive series of in
si tu tests of the natural uptake of potential stormwater
pollutants and permeability in the hammocks of Port Bougain-
ville. The methodology is to be developed prior to final
Major Development approval, and the tests to be conducted
pr ior to the completion of Phase I of Garden Cove. The
tests results are to be presented to the County, SFRPC and
SFWMD.
The groundwater sampling wells are not to be cased below the
mean high water elevation.
The groundwater, lakes, and ponds will be monitored as spec-
ified below.
Salinity, nutrients, (N03N02NH3P04), EH and dissolved oxygen
are to measured at sur face, mid and bot tom depths, where
possible, and all other constituents are to measured at mid-
depth (except bottom quadrats and infauna).
IItftitlZiID ~.
.---...--- .'
'1'.t
Cons.tituent
Pen!
-
Marlnt/Otf
S I1:)re
Gro\.l\c:iiater
take
-
'II:
LeBd
Semi-smtal,
Jan. , JI.IW
StIIli-smual Olarterly Semi-annual
Jm. , JI.IW Jan. , Jln!
C~cmil.l'll
"
.
.
"
Zinc
"
"
.
"
Cqptr
o Us and Gre__
Pes ti c:i des, IcrDm
deri vat! YeS, PC3
"
"
"
"
..
"
"
"
"
"
"
..
All other biola;i-
cally act! ve substances,
if and when used on
si ta (e.9- algi ci des,
fl.J'\qicides, etc.)
"
"
"
"
NO.3~tlf3P04
Eh (redJx)
Salini ty
Sulfide
..
QIBrterly
Monthly
MO'lthly
Quarterly
QIBrterly
Qt.arterly Q\B1'terly
~mthly
~thly
Mmthly
Dissolwd 02
Coliform Bacteria
Matthl Y
Quarterly/
Weelcly (8)
Quarterly
QLarterly
( 5)
MCJlthly Mmthlv
Quarterly Semi-annual
Plankton
Quarterly Semi-annual
QIBrterly
30t tan Quadr ats
(Macroalgae)
I nf at.I'la Cores
Q\Arterly
Quarterly Quarterly
Quarterly Quarterly
B(D
Quarterly
'r.:x: (Total
Organic Carbal)
QIBrter1y
'ranp!rature
~thly
~1a1t hl Y
Turbidity
Quarterly
PCOl'NOIm :
\let txd
(1) ~
-.
.
(1)
(1)
(1)
(1)
(1)
(2)
(1)
(1)or(3)
( 4)
(1)
(1)~(7)
(1)
(1)
( I))
(1)
(1)
(1)
(1)
(1)
(1) Latest editia\ of Standard Metl'Dds of Water and Wastewater AnalySis.
(2) Metmd to be specified at time monitoring 1s needed.
(3) Practical R~k of Seawater AnalySis, Pishert. Research 8)ard of Canada.
(4) CaxJuctlvity c1 refractalleter.
(5) To be meulZ'ed in qroll'\&ater if detected 1n any lake at CDnoentrat1cns hi~er
than Realth Department Standards for swiming areas. I
(6) In situ v1stJal. obIervatiaw.
--
(7) SJrf ace, mid and bOttal depth, ftlWNef pessi b1. e, wi thin cnt 11:)ur: of S\.l\l' i 58 and
mid-alternocn.
(8) W~kly mcnJ.tcxill) will be iratituted atly after lalc_ are certified by HRS _
sW1DII1ng are..
EXHIBIT "E"
.-
.
..
,oaT !e~Ar.Nr.U/C.uDec con - Pl."
,rlE~j'~ ,~~l:tlS/'~S:~C
'I'~SI a. 'MAS! . '''~SI C ~A.t..
(l9l"-71~') p/es-"") (1/17-7/'19)
1 DO Z DU
30t DO 359 DU 131 DO 100 DO
5410 DO au DU 1310 DO au DU
U,Dli U07 DO ". DO Z411 00
ll!
au t:l!:-"":':.c:.
Sf
lS1 (laDe.l.)
'!II
mAl.
"'~11& Sel'91ce
Celleral O!Uce
It.Uca1 oeuc.
1'.300
21.000 '.
10.000
l.too
'15,000
l1. ZOO .
'53,000 \
10.000
c.l\e~.1 a.e.U 50.099 127.651 177,750
5erv1c. 5e.U~D 1.:'00 1.200
l.sC.l&r&:le 40 .:00 29.950 70. 150
rue Foocl 2.Mn .Z.Ooo
Herr!:.
p.o ul loo_ 300 100" 170 100_ :.70 !loa.
1..~a..e1.1 130 DU 130 !l.::o.."U
~A.t. 300 I.ooa 300 lu../DU 600 10.../011
~C~:::~
T...U CllOlI 5.600 "0,000 4'.600
(6 Couru) (I CouC'u) (U. COUtl)
T.cbe CllOlI '.600 '.600
Spore. HeleS 30 Space. 30 Sp~"
.
'ulllh ~1'1Aa 110-51.1,. 110-511,.
Pri.v.ca ~l'2.:la 36%-511,a 3iZ-Sl1p.
Sco...,.
(~l&na,. ,..c
1.,.11'. S:ora,e)
40.000
40.000
,
! \ - ~: c:..
/
Project *3130
June 22, 1984
EXHIBIT "F"
GARDEN COVE/PORT BOUGAINVILLE
TRAFFIC MONITORING PROGRAM
\
Prepared by:
David Plummer and Associates
4225 Salzedo Street
Coral Gables, Florida 33146
June L. ~, .l. ':j 0 ..
Introduction
The objective of the Traffic Monitoring Program for Garden Cove .
is to assess the actual impacts for Garden Cove/Port
Bougainville as development occurs. The program is twofold.
First it is to measure the traffic assumptions used in
projecting the traffic impact of the projects. Those traffic
assumptions are contained in Question 31, Transportation for the
Application for Development Approval dated revised September,
1983 and all supplemental responses. The second is to ensure
that Level of Service "C" is maintained on all four approaches
of the intersection of Card Sound Road (CR 90sA) and C~Os.
The Traffic Monitoring Program contains two separate reports:
Driveway Monitoring and Intersection Monitoring. Driveway
Monitoring will measure the actual two-way 24-hour exterior
volume on a season weekday for all of the project's driveways.
These actual volumes will be expanded to a buildout condition
and compared to the projected values for a buildout condition.
The Intersection Monitoring will use established procedures to
determine the level of service at County Road 90sA (Card Sound
Road) and County Road 90S. If the Intersection Monitoring
effort indicates that the level of service falls below Level of
Service "c" then specific improvements defined herein will be
installed at the Developer's expense.
- 1 -
...... ...........~ ........,
Garden Cove/Port Bougainville Program
The scheduling for the Port Bougainville/Garden Cove project is
divided into three phases. The use components of the project
include office, commercial, hotel, and public facilities. These
components are summarized in Exhibit 1. Exhibit 2 indicates the
exterior traffic volume projected for the project driveways for
each of three development phases.
General Monitoring Criteria
The general criteria which form this Monitoring Program are:
'I.
1. Both Traffic Monitoring Programs (Driveway and
Intersection) will begin with the first occurrence of
either the Certificate of Occupancy for 50% of the
combined residential and hotel units, or 50% of the
commercial and public service areas within Garden Cove
and Port Bougainville.
2. Once initiated both monitoring programs will be
conducted annually.
3. The annual traffic monitoring reports, including all
field data, analysis, and conclusions, will be
submi tted to the Florida Department of Community
Affairs, Monroe County, and the South Florida Regional
Planning Council by April 15th of each year.
These
annual submittals shall include all traffic counts on
the driveways as well as the intersections.
- 2 -
I thos:" cases where the Interse"'io: u-nitoring
warrants improvements the annual report will provide
engineering sketches of the improvement and the
schedule for the design and construction.
4. Traffic monitoring programs will conclude two years
after the final Certificate of Occupancy is issued at
Port Bougainville and Garden Cove or until both the
Category A and Category B improvements specified
herein are ~onstructed.
Driveway Monitoring
The Driveway Monitoring Program will compare the projected
\
24-hour two-way driveway volumes to the actual driveway volumes
counted that year and expanded to a buildout condition. The
comparison will be for weekday volume in the season. All of the
Port Bougainville and Garden Cove driveways will be counted on
three consecutive weekdays (Tuesday, Wednesday, and Thursday)
for one week between January 15th and March 15th. Care will be
taken to ensure these traffic counts are not taken during any
special events in the Key Largo area or during construction or
other roadway disruptions on the area road network.
All driveways open to traffic and connecting these projects to
the public roadway system will be counted. Automatic traffic
- 3 -
counting equipment capable of hourly recordings will be used.
The weekday season 24-hour traffic volumes (two-way) used in the
comparisons will be the average of the 24-hour counts taken on
the three consecutive days described above.
In making the traffic counts all unusual driveway volumes, such
as construction vehicles and non-exterior volumes, will be
deducted from the totals. The magnitude of these deductions
will be determined by field observations taken during the days
of the traffic counts. Any deductions that are taken will be
described and documented in the annual report.
\
The expanded 24-hour two-way driveway volumes will be determined
by establishing the occupied development on the site during that
season and then expanding the average 24-hour field measured
volumes to an equivalent fully developed project. The expansion
will be based on a weighted ratio of occupied uses to total
project uses.
The annual report will include bar graphs showing the
relationship of the expanded to the projected volumes and the
hourly variations of the total driveway traffic in the average
24-hour period. Each year's bar graphs and hourly variation
curves will be carried forward to the next annual report.
- 4 -
/
~une ~~, .~o~
Intersection Monitoring
The Intersection Monitoring Program, which will be conducted
-
concurrent with the Driveway Monitoring Program, will measure
the level of service at the intersection of County Road 905 and
County Road 905A (Card Sound Road).
If the measured Level of
Service is "C" or better no action will be required and the
annual report will simply document those traffic measurements
and level of service calculations.
If, however, the level of service at that intersection falls
below Level of Service "C" the Developer will undertake two
\
categories of improvements.
Category A - Installation of Traffic Signalization: The
signalization would allow proper allocation of green time
based on intersection approach demands. The signal would
be designed and installed in accordance with all
appropriate public agency requirements and would
accommodate the left turn lane improvements described under
Category B.
Category B - Construction of the Left Turn Lanes on
Eastbound and Northbound approaches and a Right Turn Lane
on the Southbound approach at the Intersection of C90S and
C90S A. The turn lanes will be constructed by widening the
pavements within existing rights-of-way and restriping the
- 5 -
/
pavement as required. All turn lane lengths, corner radii,
and other design controls will be in accordance with the
requirements of all public agencies.
Category A improvements will be implemented first.
If, during
the subsequent Monitoring Programs, the level of service is
below Level of Service "C" then Category B improvements will be
installed. When both Category A and Category B are installed
the Intersection Honitoring and Driveway Monitoring Programs
will be terminated.
'I.
The level of service prior to Category A will be determined by
the unsignalized intersection techniques contained in Circular
212 published by the Highway Research Board or an equivalent
approved by the Florida Department of Transportation. The level
of service after Category A improvements will be measured using
signalized intersection techniques contained in the Highway
Capacity Hanual, 1965 or an equivalent approved by the Florida
Department of Transportation.
The installation of the
signalization improvements must also meet the traffic signal
warrants of the State of Florida.
Installation/Construction Schedules
The Developer will submit the design drawings of the improvement
to the appropriate public agencies within five months of the
approval of the Florida Department of Community Affairs of the
- 6 -
/
Intersection Moni taring report showing the need for either
improvement described above. Further, within eight months of
receipt of all of the appropriate public agency permits the
Developer will complete the construction and/or installation of
the above improvements. If permits for these improvements are
not obtainable from the required public and quasi-public
agencies, or if the implementation of these improvements is
prevented by any forces outside of the control of the Developer,
the Developer will be excused fI':lm the construction and
installation of those improvements.
\
After issuance of 90% of the Certificates of Occupancy the'
developer will provide a Bond or other acceptable form of credit
to Monroe County equal in value to the construction and/or
installation cost of the remaining improvements at C90SA and
C90S. The value of the Bond will be adjusted before January
31st of each subsequent year by the Florida Department of
Transportation Construction Price Index. Two years after the
final Certificates of Occupancy for the Project are issued the
unused portions of the Bond or Letter of Credit will be returned
to the Developer.
Program Enforcement
If the developer does not; 1) Submit the Annual Traffic
Monitoring Report by April 15th of each year, 2) Submit the
design for the improvements to the appropriate public agencies
wi thin five months of the Florida Department of Community
Affairs approved annual report
- 7 -
June 22, 1984
showing the need for these improvements, 3) Begin construction
within sixty days of receiving the final improvement permits, or .
4) Complete construction of the required improvements within
eight mon~hs of receiving the permits, the Developer will not
apply for nor will Monroe County approve any additional
Certificates o~ Occupancy until Monroe County, in consultation
with the South Florida Regional Planning Council, determines
that the Developer has complied with the condition that caused
the suspension of Certificate of Occupancy approvals. Upon
determination of compliance Monroe County will issue a letter
notifying the Developer that the suspension of Certificates of
Occupancy has been removed.
- 8 -
EXHIBITS
\
June 22, 1 984
EXHIBIT 1
PORT BOUGAINVILLE/GARDEN COVE
DEVELOPMENT PARAMETERS/PHASING
Total*
Use Phase A Phase A & B Phase A, B & C
\
Residential
(DU) 855 2,062 2,428
Public Service/Office
( Ql ) 52,300 80,200 80,200
Retail 90,299 251,100 251,100
Hotel
(Uni ts) 300 600 600
*In the Application for Development Approval
the total development was referred to as
Phase C.
. . ..'
June 22, 1~8~ .
EXHIBIT 2
PORT BOUGAINVILLE/GARDEN COVE
PROJECTED EXTERIOR DRIVEWAY VOLUMES
(24 HOUR TWO-WAY SEASON WEEKDAY)
Phase
Exterior Driveway Volu~es
A
9,850
\
A & B
22,880
A, B & C
23,340
Source: Garden Cove Application for Development
Approval and Supplements.
..
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.
. -~--
NOTICE OF PUBLIC BEARING
BOARD OF COUNTY COMMISSIONERS
OF
MONROE COUNTY, FLORIDA
Notice is hereby given, that the Monroe County Board of
County Commissioners will hold a public hearing on July 27, 1984,
in the Plantation GaVPrmlent CP.11rer
, starting at 1)-00 P M
regarding the Development of Regional Impact known as Garden
Cove. The nature of the hearing is to consider and decide:
(1) Whether to modify the Development Order for
Garden Cove, Resolution No. 044-1984, Monroe
County Commission, pursuant to Section
380.06 (l7) , Flor ida Statutes, and issue an
Amended Development Order for Garden Cove; and
(2) Whether the proposed modifications to the Garden
Cove Development Order consti tute a substantial
deviation pursuant to Section 380.06(17), Florida
Statutes; and
(3) Whether said modifications are in compliance with
Article XI, Chapter 19, Monroe County Code;
All with regards to the following described property:
That portion of the South One-Half (Sl/2) of Section
31, Township 60 South, Range 40 East, Key Largo, Monroe
County, Florida, described as follows:
"PLAT NO.1, KEY LARGO CITY GARDEN COVE SECTION",
according to the plat thereof, as recorded in Plat Book
1, Page 157 of the publ ic Records of Monroe County,
Florida;
TOGETHER WITH "PLAT NO. 2 KEY LARGO CITY GARDEN COVE
SECTION NO.2", according to the plat thereof, as
recorded in Plat Book 1, Page 195 of the Public Records
of Monroe County, Florida;
TOGETHER WITH - "PLAT NO.5, KEY LARGO CITY INDUSTRIAL
SECTION", according to the plat thereof, as recorded in
Plat Book 1, Page l76 of the Public Records of Monroe
County, Florida;
TOGETHER WITH that portion of the fractional Southeast
1/4 of said Section 3l, Township 60 South, Range 40
East, lying Easterly of the platted center line of
Country Club Drive, according to said "Plat No.5, KEY
LARGO CITY INDUSTRIAL SECTION" (P.B. 1, P. 176) and
Northwesterly of the center line of Tropic Drive,
according to said "PLAT NO. l, KEY LARGO CITY GARDEN
COVE SECTION" (P.B. 1, P. 157) and Southwesterly of the
center line of Loquat Drive, according to said "PLAT
NO.2, KEY LARGO CITY GARDEN COVE SECTION NO.2" (P.B.
1, P. 195).
LESS THERE FROM all of "REVISED PLAT PORTION OF BLOCK
5, PLAT NO.5, KEY LARGO CITY", according to the plat
thereof, as recorded in Plat Book 3, Page l55 of the
Public 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 6; that portion
of Ebony Drive lying adjacent to Lot 2, Block 1 and Lot
1, Block 2, Garden Cove Drive; Atlantic Boulevard; and
Loquat Drive; all as shown on said "PLAT NO.1, KEY
LARGO CITY GARDEN COVE SECTION' (P.B. 1, P. 157);
LESS THERE FROM Lot 5 of Block 5; Lots 3 through 8,
inclusi ve, 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
adjacent to said Lot 5, that portion of Gulf Boulevard
lying adjacent to Lot 3 of Block 6; Atlantic Boulevard;
and Loquat Dri ve; all as shown on said "PLAT NO. 2 KEY
LARGO CITY GARDEN COVE SECTION NO.2'" (P.B. 1, P.
195) ;
LESS THERE FROM Blocks 2, 4, and 6; Lots 8, 9, 44 and
45 of Block 5; that portion of First Street lying
adjacent to said Lots 8 and 9 of Block 5; that portion
of the alley lying adj acent to sai d Lots 8, 9, 44 and
45 of Block 5; Third Street; Loquat Drive; 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 Northwesterly of State
Road S-905; and Garden Cove Drive; all as shown on said
"PLAT NO.5, KEY LARGO CITY INDUSTRIAL SECTION" (P.B .
1, P. 176);
LESS THERE FROM the 150 feet 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 Section 31, Township 60 South, Range 40
East, bounded on the West by U.S. Highway #1, bounded
on the North and East by said "PLAT NO.5, KEY LARGO
INDUSTRIAL SECTION" (P.B . 1, P. 176), and bounded on
the South by the Northwesterly extension of the South-
westerly lot line of Lot lO, Block 5 of said "PLAT NO.
5, KEY LARGO CITY INDUSTRIAL SECTION" (P.B. l, P. 176)
to the Easterly right-of-way line of U.S. Highway #1
and bounded on the North and West by the following
described parcel:
Begin at the Northeast corner of Lot 8, of Block 3, of
Plat No. 5 of KEY LARGO CITY INDUSTRIAL SECTION,
according to the Plat thereof as recorded in Plat Book
1, Page 176, of the Public Records of Monroe County,
Florida; run thence along the Southeasterly boundary
line of said Lot 8 and Lots 7, 6, 5, 4, 3, 2, and 1 of
said Block 3, of said subdivision, and the prolongation
thereof, a distance of 250 feet to a point (said point
being 50 feet from the Southerly corner of said Lot 1);
thence run in a Southwesterly direction along a line
perpendicular to the right-of-way of the Old Florida
East Coast Railroad, to a point where said line meets
the right-of-way of said Florida East Coast Railroad;
thence run in a Northwesterly direction along the
Northeasterly boundary line of said right-of-way to a
- 2 -
point where a prolongation in a Southwesterly direction
of the Northwesterly boundary lines of Lots 1 and 2 of
Block 1 of said subdivision would meet said right-of-
way: thence run in a Northeasterly direction along the
prolongation of the Northwesterly boundary line of said
Lots land 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.
A copy of the proposed Amended Development Order for Garden
Cove will be available for public review at MonroE> ('.LlImry Rl1ilrHng, Plan-
ning & Zoning Dept. , located at Public Service Build:i.ng, Stock Island
,
Key West, as well as the Governmental Center, Plantation Key,
Florida.
Pursuant to Section 286.0105, F10r ida Statutes, notice is
given that if a person decides to appeal any decision made by the
Board with respect to any matter considered at such hearing, 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.
Such record to be at the cost
of the Appellant.
DANNY L. KOLHAGE
Clerk of the Circuit Court
in and for Monroe County,
Florida, and ex officio
Clerk of the Board of
County Commissioners of
Monroe County, Florida
(Seal)
- 3 -
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF MONROE
-.,. ~
BOX 11 9 7 J TAVERN I E R J FL. 3 30 70
Before the undersigned authGrity personally appeared
, who on oath, says that he is
l1AGNY v,oLFF
EDITOR & PUBLISHER
of THE REPORTER, a weekly newspaper published at Tavernier, Monroe County, Florida;
that the attached copy of advertisement, being a
LEGAL NOT! CE
IN THE MATTER OF
NOTICE OF PUBLIC HEARING
in the Court, was published in said
newspaper in the issues of 7-5~ 12-84
Affiant further says that the said REPORTER is a
newspaper published at Tavernier, in said Monroe County,
Florida, and that the said newspaper has heretofore been
continuously published in the said Monroe County, Florida,
each week (on Thursday), and has been entered as second
class mail matter at the Post Office in Tavernier, in said
County of Monroe, Florida, for a period of one year next
preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither
paid nor promised any firm, person, or corporation any
discount, rebate, commission or refund for the purpose of
securing this said advertisement for publication in the
said newspaper.
ME THIS
DAY y.--
TARY PL:SLIC
NOTARY PlnlL:C STATE OF ftORIDA
MY COMMISSION EXPIRES:t.~Y COIi\/W~S,Cj,i LXP:i",$ APR 2 1987
BOt,liu) II;"U GUUU,L li;SUR/\:KE UNO,
18TH
..,. Delo.. Wood
.. Daputr Cia'"
............., '/21. '121. 7/5 & 7/12,...
~ no...,.....,
T_Iar. FL.,.
NOTICE OF FORECLOSURE SALE
BY CLERK OF CIRCUIT COURT
Notice is hereby given that the
un4ersigned l>aMy L. KoIhatr!!, Clerk
of Clreuit Court. of Monroe County,
Florid&, will, 011 tbe' 27tIt day of July,
198,4, .at }1:GO . o'clock. A.M., at Front
Door of Court House Steps, Monroe
County, ill the City' of Key West,
FlorIda, offer for sale. and ,oeU at public
outery to the highest and best bidder for
cash, the following described property
County, FL.
Published: 6128, 7/5, 7/12, 7/19/84
The Reporter
Tavernier, FL as070
IN THE CIRCUIT COURT
OF THE SIXTEENTH JUDlCI,\!.
CIRCUIT OF FLORlDA,
IN AND FOR .
'MONROE COUNTY, FLORIDA
CIVIl. ACTION
CASE No. l!4-20-1ll-CC.l
PELICAN PAUlS,INC., a
Florida Corporation.
Plaintiff
-VS.,
MARGE GAYNOR and
-
~..4
NOTICE OF PUBLIC HEARING
IOAaDOF COUNTY CO)QU$SIONERS
OF
JE COUNTY, FLORIDA
Notice is hereby given, that the Monroe County Board of County Commissioners
will hold a public IUlaring.on July 21; 1984, iftthe PIan~1l Governll\ent Center,
starting at 5 PM, reprding the Development of Regional Impact known as Garden
Cove. The nature of the hearing is to consider and decide:
1) Whether to modify the Development Order for Garden Cove, Resolution No.
044-1984, Monroe County Commission, pursuant to Section .380.06(17), Florida
Statutes, and issue an Amended Development Order for Garden Cove; and
2) Whether the proposed modifications to the Garden Cove Development Order
constitute a substantial deviation pursuant to Section 380.06(17), Florida Statutes,
and
2) Whether said modifications are in compliance with Article Xl, Chapter 19,
Monroe County Code;
All with regards to the following described property: .
That portion of the south One-Half (SI/2) of Section 31, Township 60 South,
Range 40 J':ast, Key Largo, Monroe County, Florida, described as follows:
"PLAT NO.1, KEY LARGO CITY GARDEN COVE SECTION", according to
the plat thereof, as recorded in Plat Book 1, Page 167 of the Public Records of
Monroe County Flllrida;
TOGETHER WITH "PLAT NO. 2 KEY LARGO CITY GARDEN COVE
SECTION NO.2",.according to the plat thereof, as ~ in Plat Book 1, Page
195 o'f the Public Reeerdson Monroe County Florida;
TOGETHER wrmt "PLAT NO.5, KEY L"-RGO CITY INDUSTRIAL
SECTIQN". a<:coi-di!llr to the n1at thereof, as recorded in Plat BoOk 1, P"IfC i76 of
the Public Records ofMonroe COunty r-Ionaa;
TOGETHER WITlUhat portion of the ftactional Southeast 'I. of said Section 31,
Township 60 South, Ranile 40 East, lyinJl: E.rly of the platted cellter line of
Country Club Drjve, acc;o'rding to said "PLAT NO.5, KEY LARGO CITY
INDUSTRIAL SECTION" (P .B. 1, P. 176)and Northwes~rly of the center line of
Tropic Drive, ""cording to said "PLAT NO.1, KEY LARGO CITY GARDEN
COVE SECTION" (P.B. 1, P. 157) and Southwesterly of the center line of Loquant
Drive, IUICOrding to said "PLAT NO.2, KEY LARGO CITY GARDEN COVE
SECTION NO.2" (P.B. 1, P. 195).
LESS THERE FROM all of "REVISED PLAT PORTIO,N OF BLOCK 5, PLAT
NO.5, KEY LARGO CITY", according to the plat thereoC, as recorded in Plat
Book 3, Page 155 oC the Public Recorda of Monroe CouiltyFlorida; -
LESS .THERE FROM Lots 1 and 2 oC Block 2; Lots 1 through 5, inclusive, of
Block 4; all of Block 6; that portion of Ebony Drive lying adjacent to Lot 2, Block 1
and Lot 1, Block 2, Garden Cove Drive; Atlantic Boulevard; and Loquat Drive; all
as shown on said "PLAT NO.1, KEY LARGO CITY GARDEN COVE SECTION"
(1).B. 1, P. 167); .
LESS THERE FROM Lot 5 of Block 5; Lots 3 throua:h 8, inclusive, oC Block 6;
the Northwesterly 30 feet of Reef Drive lying adjacent to said Dlt 5, Block 5; the
Southwesterly 10 Ceet of the 20 Ceet'wide alley adjacent to said Lot 5, that portion
of Gulf Boulevard; ancj Loquat Drive; all as shown on said "PLAT NO. 2 KEY
LARGO CITY GARDlj:N COVE SECTION NO.2'" (p. B. 1, P. 195);
LESS THERE FROM Blocks 2, 4 and 6; Lots 8, 9, 44 and 45 of Block 5; that
portion of First Street lying adjacent to said Lots 8 and 9 of Block Ii; that portion of
the alley lying adjacent to said Lots 8, 9, 44 and 45 of Block 5; Third Street; Loquat
Drive; that portion oCSecond 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 oC 'Palmetto Street lying Northwesterly of State Road S.905; and
Garden Cove Drive; all as shown on said "PLAT NO.5, KEY LARGO CITY
INDUSTRIAL SECTION" (P. B. 1, P. 176); .
LESs THERE 'FROMthe 150 feet 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
Section 31, Townabip 60 South, Range 40 East, bounded on the West by U.S.
HigIlway1f 1, bounded on the North and East by said "PLAT NO.5, KEY LARGO
INDUSTRIAL SECTION" (p. B. 1, P. 176), and bounded on the South by the
Northwesterly extension of the Southwesterly lot line of Lot 10, Block 5 of said
"PLAT NO.5, KEY LARGO CITY INDUSTRIAL SECTION" (P.B. 1, P. 176) to
the Easterly right of,way line of U.S. Highway #1 and bounded on the North and
West by the followi\lg described parcel: '
Begllrat the Northeastoorner of Lot 8, of Block 3, of Plat No.5 of KEY LARGO
CITY INDUSTRIAL SECTION, according to the Plat thereof as r~rded in Plat
Book 1, Page 176, llfthe Public Records oC Monroe County, Florida, run thence
along the Southeaster\,y boundary line of said Lot 8 and Lots 7, 6, 6, 4, 3, 2, and I,
of said Block 3, of said subdivision, and the prolongation thereof, a distance of 250
feet to a:point (said point being 50 feet from the Southerly corner of said Lot 1);
thence run in a Southwesterly direction along' a line perpendicular to the right of
way oC the Old Florida East Coast Railroad, to a point where said line meets the
light oC way of said Florida East Coast Railroad; thence run in a Northwesterly
direct~on a101)g the Northeasterly boundary' line of said right of way to a point
where a prolongatiQn in a Southwesterly direction of the Northwesterly boundary
lines of Lots 1 and 2 of Block 1 of said subdivision would meet said. right of way;
thence' run in a Northeasterly direction along the prolongation of the
Northwesterly bou\ldary line of said Lots 1 and 2 of Block 1 to the Southwesterly
corner of said Lot 1, Block 1; thence run in a Soutgeasterly direction along the
Southwesterly boundaries of said Lot 1, Block I, and of Lot 7 of said Block 1 and of
Lot.9 of said Block 3, to the point of beginning.
A copy ,jf the propoSed Amended-Development Order for Garden Cove will be .
.available for publi<Heview at Mqnroe Coun ty Building, Planning & Zoning Dept.,
located at Public Service Building, Stock Island, Key West, as well as the
Governmental Center, Plantation Key, Florida.
Pur9uant. to Section 286.0105, Florida S1!atutes, no.tice is given that if a Pl'rson
decides to appeal any deciSion made by the Board with respect to any matter
considered. at sueh.hearing, he will need a record of the proceedings, and that for
such purposes, he may nee.Cto ensure that a verbatim record of the proceedings is
made, which record incl.udes the testimony and evidence upon which the appeal is
to be base!i. ~ch J'1!COrd to be at the cost of the Appellant.
DANNY L. KOLHAGE
Clerk of the Circuit Court
in and for Monroe County,
Florida, and ex officio
Clerk of the Board of
County Commissioners of
Monroe County, Florida
Published: 7/5 and 7/12184
The Reporter
Tavernier, FL 33070
...
[
PROOF OF PU.__
ION
THE FLORIDA KEYS KEYNOTER
Published Weekly
MARATHON, MONROE COUNTY, FLORIDA
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared
William J. Martin
, who on oath, says
that he is
Publisher
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 publ ic Hearing
INTHEMATTEROF Development of Regional Impact Known as Garden Cove
in the
i
r--
(SEAL)
SWORN TO AND S~BSCR~BED BEFORE ME THIS / / rf
DAY OF-j'A-;L_c..I . A.D. 19_
~~'fc.,~
/,WCOMM 155 I ON ix~ ~~~ ~~ F~l
lOWED JHRU GENERAL INSlJR/;~/! 19~7
~-
newspaper in the issues of
Jun3 28, July 5, 1984
Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Ma
thon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuousl
published in said Monroe County, Florida, each week (on Thursday) and has been entered as secon
class mail matter at the post office in Marathon, in said Monroe County, Florida, for a period of on
year next preceding the first publication of the attached copy of advertisement; and affiant furth
says that he has neither paid nor promised any person, finn, or corporation any discount, rebate, co
mission or refund for the purpose of securing this advertisement for publication in the said newspa
PROOF{)'F 'l'UBLlCATION
THE KEY ~~S~ G~TIZZN
PublL,(;p'.l Daily
Key West, Monroe County, Florida 330~O
/
STATE OF FLORIDA)
COUNTY OF MONROE)
SSe
Before the undersigned authority personaJ~y appeared..............
k'? ,e. H1\ t? fL~\D~J h h t.. h i
. . . . . . J:- . . . . . . . . . . . . . . . . . . ., W 0 on oe t says ~ flat e s..... . . . . . . . .
Advertising wlam:ger
..............................of The K..~y 'V]est r~.tj~en, a
daily newspap~ published at Key l.Jest Ll /; '.' :e.; COlmty', Florida; that
the attached cory of H(l'i.,."Ti:is2~~""t. b~lllg a
/JO/icE
/J
()~ n./;JC,f(.
/10 7J;t//\/&-
in the matter of
C/jr<. z; r::;.J
("--'e) Vc..:;
. ~.
'-
was published in said npwspap",r in. to_he i.geues of
-- I -, .J ~f) I .J <11,,/
;:(04(; c2 S-.J UL r - " T
('
Aff5:),t f\P~~~"~r says that the said The Key West Citizen is a
newspaper ~_~:"'1::L[:11~(1 at Key West. in said Monroe County, Florida, and
that the said l'-.-H"l,.l?,;r has here~oEore been continuously published
in said Muu-roe C01~C t'" Florida) each day.except Saturdays) and has
been entered nO se'..::m.l class me i.'.. mRtt_er at the post office in Key
West. in said MODrC2 County, Fl'.':'1~"l, for a period of one year next
preceeding the first publication ,YC the attached copy of adve.:dse-
mecit; and affiant further says t::':- he has neither paid nor p-::odsed
a'l; person, firm or corporatioll--",.1:yciscount, rebate, c~lsst('il (:!:"
r.~.i:'.:.r.j for t1,~ pu"!:';)oee of securing this advert;:i;sement for publication
in "-~,,~ said IJ:~-;;spaper.
,-";.iil.t,
')~7 \937.
-' U~lD, J . . .
(SEAL)
swarn-t~-and-subscrib~-befOre-me-thill._..~- · ..
dRY ~o[ ... ~..e."". .. .... ., -'i.n...l.. 9 ~ 1-
()~ ~I>> .~/) L/
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. . . . . . . . . . . . . ~'.~ t:. . . . . . . f. .l.;(!. ..
V
. " .............. .'. .
~1F:~TIm\\71E~
JUl 5 1984
j:'
(,C,vldY ATTY.
,
_- -_....._._.u,;!a•_^.�::T3y._./Tv-.acG,'PaDa:/JTd'i'-' - .. �.�1Y-"'y^'^I[- �•ads--.,vim .-�,�,_... � �._.._.. �... ::'
L
BOARD OF _.
COUNTY COM' ,
ietSSICNERS ._ . . . , •
OF Ldid Section 31, - ,
MONROE COUNTY, • Township60 South,Range
FLORIDA 40 East, bounded on the
•Notice is hereby given, i West by U.S. Highway
that the Monroe County No. 1, bounded on the
Board of County Com• _ -. North and East by Said
missioners will hold a "PLAT NO. 5, KEY
public hearing on July27, . LARGO INDUSTRIAL
1984, in the Plantation SECTION" (P.B. 1, P. '
Government Center, 176), and bounded on the ,
starting at 5:00 P.M., South by the Nor-
regarding the Develop- ;thwesterly extension of
ment of Regional Impact LESS THERE FROM the Southwesterly lot line
known as Garden Cove. Lots 1 and 2 of Block 2; V of jeot 10, Block 5 of said
The nature of the hearing . Lots 1 through 5, in- "PLAT NO. 5, KEY
is to consider and decide: elusive, of Block 4; all of LARGO CITY IN-
l. Whether to modify Block 6; that portion of DUSTRIAL SECTION"
the Development _Order Ebony Drive lying ad• (P.B. 1, P. 176) to the
Monroe County Com- jacent to Lot 2, Block 1 _ Easterly rightiof-way line
mision, pursuant to - - and Lot 1, Block 2, .- - - - _ = of.U.S.Highway No.1 and
Section 380.06(17), Garden Cove Drive; . bounded ortthe North and
Florida Statutes, and Atlantic Boulevard; and; West by the following
issue an Amended Loquat Drive; all as described parcel:
Development Order for shown on said "PLAT Begin at the Northeast
' Garde3n Cove;and NO. 1, KEY LARGO corner of Lot 8,of Block 3, '
2.Whether the proposed . CITY GARDEN COVE ' of Plat No. 5 of KEY
modifications to the SECTION" (P.B. 1, P. ' LARGO CITY IN•
Garden Cove Develop- 157) DUSTRIAL SECTION,
ment Order constitute a LESS THERE FROM.' according to the lot
substantial deviation , Lot 5 of Block 5; Lots 3 ' thereof as recorded In '
pursuant to Section through 8, 'reclusive; le _ . Plat Book 1, Page 176,of
380.06(17), Florida ' Block 6; the Nor- . , the Pubic Records of ,
Statutes;and thwesterly 30 feet of Reef : Monroe County, Florida; ;
3. Whether said Drive lying adjacent to run thence along the
•
modifications are in said Lot 5, Block 5; the Southeasterly boundary ;
compliance with Article , Southwesterly 10 feet of line of said Lot 8 and Lots
X I, Chapter 19, Monroe the 20 feet wide alley 6,5,4,3,2,and 1 Of said
County Code; • adjacent to said Lot 5, Block 3, of said sib-
All with regards to the , that portion of Gulf division and the '1
following described Boulevard and• Loquat prlongation 'thereof, a
°e_,, property:
Drive all as shown on distance of 250 feet to a
That portion of the
South One Half (S1/2) of said "PLAT NO. 2 KEY point (said point being 50
LARGO CITY GARDEN eet from the Southerly
Section 31, Township 60 , COVE SECTION NO. 2" ' corner of said ,Lot 1);. I
- South, Range 40 East, ..-__ . ' (P.B.1,P.195); i thence run. in a South-
Key Largo, Monroe -' LESS THERE FROM ' ' " - ' westerly direction along e
County, Florida, Blocks 2,4,and 6; Lots 8, • ; line perpencicular to the
described as follows: 9,44 and 45 of Bock 5;that f right-of-way of the Did. I
"PLAT NO. 1, KEY , portion of First Street ' ' Florida East Coast
LARGO CITY GARDEN lying adjacent to said Railroad,to a point where-
COVE SECTION," ac- Lots 8 and 9 of Block 5; said line meets the right-'' .:
cording to the plat - ' that portion of the alley ' -of-way Of said Flortde '
thereof, as recorded in lying adjacent to said . East Coast Railroad;'
Plat Book 1, Page 157 of , , Lots 8, 9, 44 and 45 of ,thence 'run, le a Nor- ''
the Public Records of Block 5; Third Street; . ' thwesterly; direction i
Monroe County,Florida; Loquat Drive; that , along the Northeasterly
TOGETHER WITH portion of Second Street boundary - line of said' ,
"PLAT NO. 2 KEY lying adjacent to Block 2 right-of-way to a point '
LARGO CITY GARDEN • __ _ __ . ____ and 4 that portion of First ____- where a prolongation-in a ' _ -
COVE SECTION NO. 2," Street lying adjacent to Southwesterly direction !
according to the plat Block 4 and 6; the alleys of the Northwesterly '
thereof, as recorded in lying in said Blocks 4 and ; i boundary lines of Lots'
Plat Book 1, Page 195 of 6;that portionof Palmetto ' Inand 2 of Block 1 of said
the Public Records of ' Street lying Nor- subdivision would meet
Monroe County,Florida; thwesterly of State Road ' said right-of-way; thence
• TOGETHER WITH S-905; and Garden Cove run in a Northeasterly
•
"PLAT NO. 5, KEY Drive; all as shown on direction along the
LARGO CITY IN- , said "PLAT NO. 5, KEY , prolongation of the North-
DUSTRIAL SECTION," LARGO CITY IN- westerly boundary line of
according to the plat DUSTRIAL SECTION" said Lots 1 and 2 of Block
thereof, as recorded in (P.B.1,P.176); ' 1 to the Southwesterly
Plat Book 1, Page 176 of LESS THERE FROM , corner of said Lot 1,Block
the Public Records of • ' the 150 feet wide right-of- ' 1; thence run in a
' Monroe County,Florida; way for State Road S-905 Southeasterly direction
TOGETHER WITH as shown on State Right i along the Southwesterly
that portion of the frac- of-Way Map Section boundaries of said Lot 1,
tional Southeast le of said 905202601 Block 1, and of Lot 7 of
Section 31, Township 60 AND TOG E T H E I: . said Block 1 and of Lot 9 ;
South, Range 40 East, WITH that portion of the of said Block 3, to the
lying Easterly of the , point of beginning.
platted center -line of . . A copy of the proposed
Club Drive, Amended-Development
CountryOrder for Garden Cove
according to said "Plat
No.5,KEY LARGO CITY,: will be available for
INDUSTRIAL SEC- public review at Monroe
TION" (P.B- 1, P• 176) : County Building, Plan-
and Northwesterly of the ping & Zoning Dept.,
center line of Tropic' located at Public Service
Drive, according to said Building, Stock Island,
"PLAT NO. 1, KEY -Key West, as well as the
LARGO CITY GARDEN Governmental Center,
COVE SECTION" (P.B. Plantation Key,Florida.
1, p, 157) and South- ' Pursuant to Section
westerly of the center line 286.0105, Florida Statues,
of Loquat Drive, ac- - notice is given that if a
cordingg to said "PLAT person decides to appeal
NO. 2, KEY LARGO any decision made'by the
CITY GARDEN COVE Board with respect to any
-� SECTION NO.2"(P.B.1, , - matter considered at such
P.195). - --- - --- hering, he will need a ,
LESS THERE FROM ' record of the proceedings,
all of "REVISED PLAT and that for such purpose, '
PORTION OF BLOCK 5, he may need to ensure
PLAT NO. 5, KEY that a verbatim record of
LARGO CITY," ac- ' the proceedings is made,
cording to the plat which record includes the
thereof as recorded in testimony and evidence
Plat Book 3, Page 155 of • upon which the appeal is '
the Public Records of to,be based. Such record
Monroe County.Florida;. to be at the cost of the
Appellant.
, DANNY L.KOLHAGE '
Clerk of the Circuit Court
in and for Monroe County,
Florida, and. ex officio
Clerk of the Board of
- County Commissioners of
Monroe County, Florida
June25,July2,•1SZ4