Resolution 272-1984
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RESOLUTION NO. 272-1984
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, AMENDING RESOLUTION NO.
217-1984 TO CORRECT SCRIVENERS ERRORS THEREIN,
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 Commissioners 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 Regionrl 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 Bougainville developments; and
WHEREAS, an ADA for Garden Cove and an application for
Preliminary Major Development Plan/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 Plan/PUD Plat approval,
subject to specified conditions, and has recommended to the Board
of County Commissioners that the ADA for Garden Cove be approved
subject to the conditions specified in the SFRPC Recommendations;
and
WHEREAS, Zoning Board Resolution No. 83-20 has been appealed
and acted upon by this Commission; and
WHEREAS, the Board of County Commissioners has held a public
hearing on the ADA and the SFRPC Recommendations pursuant to the
requirements of Chapter 380.06, Florida Statutes; and
WHEREAS, pursuant to Resolution No. 277-1982, the Board of
County Commissioners has adopted additional conditions with
respect to Port Bougainville to enhance positive and mitigate
negative impacts based upon the results of the cumulative impact
review of Port Bougainville and Garden Cove; 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 pddition, 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 l-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 Bougainvi11e 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-90S 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 Bougainvi11e, 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 Bougainvi11e 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
Bougainvi11e. 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 Bougainvi11e/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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(15) Add 968 average daily trips at the end of
Phase A, 8,366 trips at the end of Phase B, and 7,584 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 18,582 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 "C". 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 "E" if 5,300 trips are not diverted to C-90s, but
would remain at LOS "c" if those trips did divert to C-90s. To
handle this diversion and protect traffic on C-90S, 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 "fair share" of all improvement
costs including front-ending the total cost of the U.S.
1/C-90s/Reef Drive intersection, with later reimbursement for
amounts in excess of its equitable share. The total cost of
these improvements is $2.8 million, of which the Applicant's and
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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 Bougainville 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 Bougainville 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-11 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 Bougainvi11e, 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-905A) and C-905. 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 usesl 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 190t Florida Statutest
the responsibilities of said District shall includet but not be
limited tOt providing said post-disaster redevelopment fund.
(35) Requestt in writingt that the Florida Bureau of
Emergency Management and the Dade County Office of Emergency
Management considert as part of a Regional evacuation plant 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 CountYt 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 CountYt 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 COVEt contribute $3l3t740
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
=
-5.73
=
26.15 acres
Total contribution
$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 Appli-
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 Bougainville a road and a
parking area vacuuming program, clean french drains of debris
regularly, and keep swale systems well vegetated, pursuant to
Condition 22 of the Amended Port Bougainville Development Order.
(48) Construct the following facilities on Port
Bougainville/Garden Cove to ensure the adequacy of public
facilities and services, pursuant to the requirement of Condition
37 of the Amended Port Bougainville 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 Bougainvi11e 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
'..t
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
Bougainvi11e 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 $815,000 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 (222 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, 33, 55, 56, 57, 59, 60, 63, and 64
shall be stayed until ninety (90) days after construction work is
recommenced on Port Bougainville/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 21st day of September, A.D. 1984.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY;:::' ,J~
Mayor / Chairman --
(SEAL)
Attest: DAI\T1\T'"\:7' L KOL'l"I^r<T:'I
U~ l. . ;., '.I. .I.'l..U.2J, Clerk
~-
~. /2 /~' ~ !
tZ~~1 ~.4 L
/C er I
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY.
BY ~~;~~
Attorney', Office
42
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..'EX .T.T.-..;.:E.7, i.1.,.',. . . _ ___ , . .
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PORT BOCCAINVILLE ,
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The following described'. prgpertylocat.Qd- in Monroe County, . .
: Florida: - : ,.-• - ' f.- ' - . .. . - • . . . . , .
.. . .
. . . - •. . . . . .. . . _. . . . PORT -POUGATNYILLE ---'-• A Resubdivision of "First Revised •• '.
. .
-- .- • -. Plat of North Largo Yacht Club Plat No.. 1"• according to ,
--re . Dlat thereof, .as recorded :in Plat Book I , Page 21 ' :.
of Pubric Records of .Monroe COUnty, Florida .
. .
. .
AIl. of the •SW 1/2 lying NOrth and East. .of ii. S . Highway
:',..'-• _- :- . . . 41 , iji ' 8ection 31 , Township - 8,0 South,- Range 40 East ,
and less and except. therefrom Plat No. 5 , of- KEY LARGO
_ . . .
cIty . TNDUSTRTAL SECTION, aCcording" to. the Plat thereof
,-.. - - • recorded in Plat Book 1, -Page 176 , ' and less Dixie High-
.,. .-
• ,.. ', '-' way jlot , intruded in said . Plat, and less . and except
. ,. .
. .•:::: •,.,, • '. 'therfrom-the. .Reyised 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 _ . .
.":::', . . • • --'2 a IResubdivisioh of. '"FirSt Revised Plat of North
Largo• Yacht Club Plat •NO, , .1" 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. II/2 • SeCtien,
_
. .,.;.---... . . - . 817760-40 , lying between cf.,. S . . HighWay .4.1 . and •Lots 3 •., • -
. through 7 , . of Block KEY LARGO.:CtTY, 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- Bloc 5 .to the Easterly- right-of-Way line or
,.-
U, S,, Highway #1 . , . • . . • - .
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AND LESS from' all of the_ above - described propertY: All of that
,.
' . . . prope:ftV: !.,.tlich lies within"75 feet each side. of the following
described centerline, according to the- Right-of-Way Na- P for.
§. 90520L2601, . .part of said cehterline. being More p,,,rticularly
. ... .
described as. follOWS : - . .. -- ' . : • , . , -- • . . .
. .
. _
- . .
- • . . - - .
. . .
. . . . .
-COrtitence at the center of'.. §. 31, 'Townehio . 60- South,
. " .!,... . .. - - - . Range ,-10 East :- run. . . 89'. 7L30 " .:E along the East-7 •.
- • -- ' • West Section line , Of said Section' .31-, a distance • of
- , • . . 640 . 1.1. feet; thence -S 38° 23 ` 32"-- W a .- distande . of
.. . .
- -....- •
-': . .. . . . . 1401 . 82 feet to the POINT OF, BEGINNING of- that part of
. . the- herein described Centerline; thence N 3,8° 2332". .
. . aloh.0:said 66nterlinei a distance of .7539 . 57. feet to - the
. .
LND of said part of the herein. described CePter.linP;
- - - -- thence N 00° • 22148" - W : arong 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 e)cisting, RightofWay ....S-9.05 ,
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AND TEqS , - :. ' - - - . .
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• • The Southeasterly 30 feet - Of Lots 46 , '.47 , 48, 4g, 50 ,51, 52,- 53 ,754 , 55 , :56.;:57, - 58 ; .59 ,i .60 , - 61, 62 , 63 , 64 ,
.. .
• a .id .6-5.: all in Block 5 and the ' Southeasterly • 30
. .
..-. . • - feat : of Lots 25 , 27, 28, 30 31, -,.2 , 33 , 34, 35 , '
.
. . . 3.6 , , 37 , 38; 39, 40 , A1, 42,- 45, e6 , 47 , and Aa in Block .. -
6; Plat No 5.,- KEY . LARGO CITY -7 INDUSTRIAL ' SECTION '
. . according - to the Plat as . reccrdedin ,Plat Book-1,.
,. •
176 of the ,Public Records of Monroe Countyi- Florida „ in
Section 31, Township 60 - South, Range '40 •East .: '..
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EXHIBIT "13" . . , . •.., .. ..
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. . • • •• : GARDEN CCVE - . . .• .
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That portion of • the_ South. One-Half ( S-1/2 ) , of E:ection 31 , •
Township 60- South, Range . 40EaSt, Key" Largo, MOhrOe County, ,Flor-
_ •
ida , described as .foIlows :
. . . . . , . . •
,. .
. '*"PLAT ' NO. 1 , KEY--' LARGO CITY GARDEN COVE SECTION" , .
abdording 'to rhe 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 Plac Book 1, Page -195 of the *Public' RecOds
--. ... . ..„
t!..- ;...• .• of Monroe, County, Florida,. . . . . , .
. .
. . .
* .. ,, . ._ . . .TOGETFER WITH . "PLAT -:NO. .. 5, REY LARGO CITY INDUSTRIAL
. .
SECTION" , - according to - th -,=,3Plat 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 .plated' 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 "2LAT- ..1.'40,-: 2 , REY 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 . LARCO CITY" , according to the 'plat: .
. _ thereof , as recorded in Plat Bock 3 , Page 155 of ' the ..
Public
Records of Monroe County, Florida;
, .
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-,.-.
, - 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 aria La
1, Block 2., Garden Coye . Drive; Atlantic Boulevard; and.
...- - . Loquat Drivel all as shown, on said "PLAT ,NO. 1 ,
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-
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Southwesterly -10 -feet of. the 20 feet -wide alley adja- .
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cent to .Lot. 5 , that portion of Gulf Boulevard lying . .
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adjacent to Lot 3 of .-- Block 6 ; Atlantic Boulevard; and
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- Loquat Drive ; all as .shown. on said "PLAT ' NO.' 2
. . , LARGO CITY- COVE SECTION NO. 2 (Plat Book 1', Page
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.LESS THERE -FROM Blocks 2 ; :4, and 6 ; 'Lots 8 , , 9 , 44 ..and
. . 45 of Block 5; that portion of First Street lying adja-
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. . . Pent to said Lots 8 and 9 - off 5 ;- that -portion of
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. ,: ,.. . . :the alley lying adjacent to said Lots 8, 9, 44 and 45
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of. Block -.5 ;. Street ;Third Loquat Drive; that. portion of
''''' • - Second Street lying adjacent to Blocks 2 and 4; that
. . .
Portion of - First Street lying adjacent - ro Blocks
6 ;. :::thEl.. alleys lying: in said Blocks 4 and 6 ;.- that bor7 '
.. .„, . tion .ofPalmetto • Street lying Northwesterly of 'State
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Road S-905; and Garden Cove Drive; .all a_;. shown on .sa .o
"PLAT NO. 5 , KEY LARGO CITY INDUSTRIAL SECTION" -( Plat
• Book 1., . Page 176 ) ;
LESS '1' TERE PROM the 150 feet right-of-war for State
.Road S-905- as shown . on State Right=of-Way r'iao Section
90520-2601;
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AND -TOGETHER WITH that portion of the -Southwe t One-
nuarter 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
- . . hounded 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 -E'asterly right -of-way line of
U:S .. Highway #1 and bounded on the North and. West by •
the following described parcel :
Begin at the Norchet corner of Lot 8 , of
Block 3 , of . Plat:. No: 5 of KEY L.?RGO CITY
INDUSTRIAL ' SECTION, according to the. Platt
thereof as recorded in Plat Boo" 1, Page
176 , of the Public Records of Monroe County;
Florida; run thence cli.Ong the Southeasterly
boundary line.: of said 'Lot. 8 , and Lots 7 , 6 ,
5, 4, ` 3 , 2,''. and '1 of .sa id Block 3 , of said
subdivision, and the prolongation thereof , 'a I'
dsLance 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-ofeway of the Old . Florida East Coast
Railroad, to c? point where said line meets•
tiltright-of-caay 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 Northwest er.ly 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 i and 2 of Block 1 to the South-
, 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 B .
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ls. X):_7T!BIT C
�, v, E- v
ik'POI�TTI '`� .�_ �� :,,, PrcPC�•d::slDli_. '�`_
- JL� i2 r. V� cam`•
. DeI'TW J E� .i>l . 'L'S
GARDEN COVE AND PORT BOUGAINVILLE
• A. Conditions ( 1) , ( 25 ) , ( 26 ) , ( 27 ) , ( 25 ) , ( 29 ) and ( 40 )
pre intended to mitigate the cumulative impacts of the number of
external trips generated by Port Bougainville ( 21 , 297 ) plus the
additional external trips attributable to Garden Cove ( 4369 ) .
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) . Eased upon the
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relative number of fueling 'stations located iP_ each d.evJ'lo : ..�'nt,
Garden Cove is responsible for 25 percent of the impact to be
mitigated and PortBougainville is for_youg .e -responsible I��7�?OIJlIJ1` 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 of fshore
water Quality . Based upon the relative number of resting_
stations ( 7 in Garden Cove and 28 in Port Bougainville) , Garden
Cove ' is responsible for 20 percent of this mitigation efforr and
Port Bougainville is responsible_ for 80. percent . Therefore,
responsibility for fulfilling this condition is to be shared on
this 20%/80% basis .
s
• 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 .
e:ioy ofas , Garden Cove is responsible for J L :cent o the
impact to be ITiitigated and Port Bougainville is responsThl ? for
.77 percent . Therefore, responsibility for fulfilling this con-
dition is to be shared on this 23%/776 basi"s .
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 ( 2(906
residential units ) . Based upon the relative number of residen-
tial units , 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 796/93% basis .
•
PORT EOU r INVI LE MD GARDEN COVE
WATER QUALITY nONITORING P CR, .
•
Cneral Provisions :
( 1) Sampling sites : •
-- Existing seven ( 7 ) groundwater wells at Port Bougain-
villa ;
-- 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 stationsf }- in 'both Port Bougainville ••
• marinas and offshore waters .
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( 2 ) Reports of water ct.uali ty data are to . be included in the
Annual Report required by Section_16 of the Garden Cove
Development Order , Resolution No. ^ -1983 .
( 3 ) The developer will undertake one comprehensive series of in
situ tests of the natural uptake of potential storm water
pollutants and permeability in the hammocks of Port Bouja,ln--
vllle . The methodology is to be developed prior to final
Major Development aoprova l, and the tests to be conducted
prior to the completion of Phase I of Garden Cove . The
tests results are to be presented to the County: SFRPC and
SF�,<i9r
'r r i•_.J.
( 4 • The' groundwater sampling wellsare not the
1 to l,i�, cased below
mean• high water elevation-.
( 5 ) The groundwater , lakes , and ponds will be monitored as spec-
ified below.
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• ( 6 ) Salinity, nutrients (NO3 NO2 NH3PO ) ; EH and dissolved oxygen
are to measured at su_race; mid and bottom depths , where
possible, and all other constituents are to measured at mid-
depth ( except bottom quadrats and infauna) .
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ilf i de. • Quarterly . — • .„,. _ (1)
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. Meth:7/d to '-...4: s cec ified at time Irzai to ri.ng is ne,rxdz.<1.
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1 To bi meaeu,:ed in- groun,.2-fatez- if dztectca in Erril lako Lt COnrry,-;i:.:',7::tiC.M highol-:
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GARDEN COVE/PORT COVE/PORT I OUG?1._NViL i
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'TR.A.F'F :CC. MONITORING PROGR.A.fi-
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Project 1�313O "P.repc't1Gd by:
P="untnleer and t?s roc?a es
4225 1,cdo .i-Wot
• June 22 , 1984 Coral Gables, Florida 331416
J _ _ c ': "ail LI;i ..
The objective of ti'e T r iffi c Monitoring .ProrJram for Garden ..ove _ -
is to:.- assess the ,actual impacts for ,, Garde Cove/Port -
Bougainville as-• development occurs. The program .is twofold.
• ` First •it ' s : to. ' measure the tr.c�..±fic assurii�t1On9 used in'I .
pro:7C:ctL' g 'tr:e_ traffic :Lrpact of the.. projects .: Tioose traffic
assumptions are contain •d in- Question 31 , Transportation for the
A plidation for . Development •Approval da`ced revised .September, . . .
1983 and . al1 supplemental responses .. The second is LO -ensure '
`that Level of .,Service ".C" is maintained on . all- four approaches. '
of the intersection: of Card So .:rld Road (CR 903 A➢ and CO3 . -
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: The .Tra;:=ic Monitoring, program contains , two separate ,reports : .
Driveway honitoring and intersection Monitoring . Driveway .
'.o^itc__ng will measure the :actual .'.:`r.b -wav 2 -h Our ext erlcr .
volume bh a season weekday for all of ;she pr ,ject ' s 'driveways . 7 '
.
The-se a to l � o' nes � i� 1 b�. eYp3I ed _o LilcouL condition
- and compared . to the projected Glues :o1 a built.out condit.ion.- •
. lhe • -lnter.sect_.on _'`ionitorir'g will use es':ablic' od. :rocedurr:s to-
' , determine the level of-service at •COUfl :V Roa . 905:, (Card S:..u?1d
• - Road) . and. Couity Road 90`� it. _r the lntei:section . !`ionitor i'.'•g
effort- indicates that - the level of service ._ally :elow Level of• ' •
Service .':C' then specific improVon:ents defined herein will be:
installed at the-: Develope `:s, expense. .
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Garde ,'OEt
forthe Port r• inVille/Garce: Cove Project is
The scheduling t fle. b' '_l_, J -
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 Monitor in J7 Program are :
• 1 . Both Traffic Monitoring Programs (Driveway and •
Intersection) will b-egin with the first occurrence of
either the Certificate of Occupancy for 50% of ;e
combinedresidential and. hotel lin1'.:. , Or 70% of the:e
commercial and public service areas. within Garden Coy,
and Port Bougainville .
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Once initiated both monitoring program-. will be
conducted annually. •
3 . The annual traffic monitoring reports , ir_c l u irig all
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field data , . nalysis', and conclusions , will be
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• submitted to the Florida DePartment Commun5tv
Affairs , Monroe County, and the South Florida PeC onal
Planning Council by April 15th of each year. These.
annual submittals shall include all traffic counts on
the driveways as well as the intersections ,.
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;,-..,-antS im6,-.Ovement the annual ropc ' provide • ,.'.
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engi'neering :ci,ketChes Of: the yimprovement and. the
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schedule .for"7 -the -design and construction": . .
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4. "Traff4C Monitoring programswill conclude two years'
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after the final " Certificate of Occupancy is issued at
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Port Bougainville - and Garden ;Cove or until both the
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Category A. and Category B . improvements specified- - 7:
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- . herein are. constructed. . ..
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. • .„..,.. ,% . • .nriveway Monitoring . .
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• :-', '-_- ,.- Tne Drivewa-c,, . Monitoring Program :will .cotpare . the 'projected - '• ',2,.,
,•.„-; _. , ,-!..
- .- - "-. ... . . 24-hour . twowaY driveway volu.res to the actual driveway voles
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--.- counted that-Year and expanded to a " buildout condition. ' The
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.,.*::: - • comparison will be for weekday volume in the season. All of the . .
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Port Bougainville and Garden Cove driveways will be coUnted on . ,
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-:- H - three 'consecutive . weekdays (Tuesday , Wednesday , and Thursday)
for one -Week between .January .-15th arid arc' 15t1 Care Will be
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axen to- ensure these- trafficcounts are not taken durjng
:., . .• ecial events in the Key Largo area or during construction c
_....
ther roadway disruptions on the area road netWo-r-k. '
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.., . - ' Alldrivewaysfopen. to traffic and connecting -i-hesg, projects to
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the "public roadway system will be counted. Automatic tl-a-Ffic
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' counting ec u ipm nt capable ok hourly recordings will be used.: :.
The '.;P k-3ay season 24-hour traffic volumes (two-way) used .•,n the .
comcarisons will be the average of the 24 -ho _ count takc:n on _
• the three consecutive days _describ"ed above .
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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 duril that
season and then expanding the average 4-hour field measured
volumes to an ecuivaien'i: fully deveiooed project`: . The ~e"` pansion
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will be based on a weighted ratio of occupied uses to total
. • nro�ect uses .
The annual report will include bar graphs showingtt
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relationship of the exoanded to the projected volumes and the
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hourly variations of the total driveway traffic in the
average
ace •
24-hour period . Each year ' s bar graphs and hourly variation
• curves will be carried forward to the next annual rep01'�t.
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irate:sec? wc,n Monitoring.
'N'e Ine tsecL"i_on i��oni.tOring- Program, which will be ;onducte _ '
concurren'' ', with : the Dri.veway Mcnl tor_ing Prcg r`m; will me a.s'ure .
• the level of service at the' intersedtiOn of County Road 905 and
County. Road : 905a (Cara Sound Road).. . If the measured . Level, of:
Seevlce .s. "C91 . .or better no action will , be' re-suired and the ,
. annual. report will 51flDly document those traffic measurements •
ana level of service calculations .
. " If, .however , the level of service. at that intersection fall's • .
below ,evel of.-Service "C"1 thF:;." Dev.eloDer will undertake. two
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categories of improvements , p
- Catecory .'� Installation of Traffic Sicr lizatiol The
si gnalizat''_'on" .would allow proper allocation of green time .
. bases on intersection approach demands . The -.signal .would "
be designed and installed in accordance.: with all -.
. appropriate , public .agency -rert:ireme'eits and • would -
- accoiimodate the left turn_ lane. improvement: cesc;ibed ulcer : '
Cat:ego 'b .
Catec�_v 3 - Construction th Left Turn Lanes on
Eastbound and Northbound . approaches and a . Ri.ght' Turf: .sale '
on the SOuthbound approach at the Intersection of C905 and -
G905 Tne `turn lanes wi 11 be constructed by w.icening the
raver;ents ' ithin existing rights-ofand restripinc; .the. ;
5 - •
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° Pavent
as I."•. uired . All turn lane lengths , rner radii,
othr.r (aes' un controls will be in accordance with the
recluir ements of all PuDliC agencies .
C:;tegorY A improvements will be implemented -first . If , during
the subsequent Monitoring Programs, the level cf service is
.blow Level of Service "C7 then Category 3 improvements will De. •
installed. When both Category A and Category 3 are installed
the Intersection Monitoring and Driveway Monitoring Programs
will be terminated .
. The level of service Prior to Category A will be determined by
the unsi gnal_Zed intersection techniques contained in Circi.•.iar
212 published , by the Highway Research Board. or an equivalent
approved b y the Florida Department of - Transportation . T: level
vel
of service after Category A improvements will. be measured using
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signalized intersection techniques contained in the Highway
• Capacity Manual, 1965 or an equivalent approved by the Florida
Department of Transportation. The installation of the
si cnalizaticn improvements must •a J so 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 :hi,
• approval of the Florida Department of Communit_ Affairs of the
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1ntersec :ion ;onitcring report shot,ing LI:C need for either
1mprovemcrit described above. Further",. within eight montns of
receipt of. all of the ' .appropr.iate public agency . permits
Developer will complete the construction- ana`%or installation of
the above improvements . If pe.rMits for these .improvements= are
:not obtainable from the required public and quasi-public
::•• agencies ; O ' if t1 ' i �plePen x a L ion of these improvements
AprUVam'P: s is
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prevented by any forces outside of the control of the Developer,
the Developer will be excused from the construction and
installation of .those improvements .
After issuance of 90% of the Certificates of Occupancy t.he•
developer will provide" a Bond or other acceptable form of credit
• .LO Monroe County equal in. value to- the construction and/or
installation cost of the remaining improvements „: C905A and
C905 . T':e value of the Bond will be adjusted before January
5 St of each subsequent year 'by the :Florida Dc:uartr'ent of
Transportation Construction Price Index 'iVo years after the
final Certificates of bccupa.ncy' for the Project are issucc' the
u' Lsed 'portions of the Bond or Letter. of Credit will be returned
- . to 'Life' Developer .
:.. . Program Enforcement
j . If the developer does . not; 1) Submit he annual Traffic
Monitoring Report by April 15th of each year , 2) Submit the
design for the i-iprovem.elnts to the appropriate public agencies
witnin : five months of the Florida . Department of. Community
Affairs approved annual report
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s'i.owinc the need for these improvements , 3) Begin construction
w44-hin sixty days of receiving the final improvement permit: , or
4) Complete construction of the required improvements within
eight months of receiving the. permits , t!7 . ;DevelopE r will not . .
apply for nor will Monroe ,County approve any additional
Certificates of Occupancy until Monroe County , in consultation
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• with ..the South Florida Regional Planning Council , determines
that the Developer has complied with the condition that caused
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the suspension of Certificate of Occupancy approvals . Upon
• determination of compliance Monroe County issue a letter
• notifying the Developer that the .suspension of C�rtiiates of
Occupancy has been removed.
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EXHIBITS .
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19ni •
. EXHIBIT 1•
PORT 3OUGAINVILLE i GARDE v COVE
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DEVELOPMENT:pA J 1ET .R_/?HA I
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Total*
Use Ph s lc?c'c, :� a Phase A , 2 �ti 1.
S
RLciFlei tia1
(DU) 855 2 , 062 2 , 428
Public Service/Office .
(0 ) 52 , 300 • . 80 , 200 80 , 200
Retail. 90 , 290 251 , 100 251 , 100
o t +_
' (Unites ) 300 600 600
*1. _ he r)olirat._C:, for D=vel Ter;` ADDroval '
the totaldevelopment. was referred to as .
Phase C.
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EX BIT ) '
PORT C3JG.'1�_i VL(,E/GAe't}:JL'i�' COVE
• .•. • ' p:PUJECT L EX T i P CT-' D�2i�.'E;;7r..v VOLUMES ES .
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( 2 4 ?iCL' . T;•�C-WAY SEASON WEEKDAY)d Ea<a�'�Y) ' . . .
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- - ^_:awe Exterior Driveway;aV Volumes '
. a '9 , 850
A & B 22 , 880 ' .
C 2n,p
Source : arie:� Cove Appl'1Cat_cn for Development . .
• ,Approval and SUppleineP.t s . •
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