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Resolution 277-1982 .,.-/ .,. RESOLUTION NO. 277-1982 RESOLUTION OF THE BOARD OF COUNTY COMMISSION- ERS OF MONROE COUNTY, FLORIDA, MAKING FIND- INGS OF FACT AND DETERMINATIONS OF SUBSTAN- TIAL DEVIATION WITH RESPECT TO THE PORT BOUGAINVILLE AND GARDEN COVE DEVELOPMENTS PURSUANT TO FLORIDA STATUTES, S380.06(17)J APPROVING AMENDED DEVELOPMENT ORDER WITH CONDITIONS, AMENDED PLANNED UNIT DEVELOPMENT PLAN AND P.U.D. DISTRICT REGULATIONS, AND AMENDED PLAT FOR PORT BOUGAINVILLE J AND RE- QUIRING A DEVELOPMENT OF REGIONAL IMPACT REVIEW PURSUANT TO FLORIDA STATUTES S380. 06 FOR GARDEN COVE. WHEREAS, City National Bank of Miami, as Trustee under Land Trust No. 500562-8, dated December 29, 1980 (hereinafter the "Owner"), is the record title owner of two tracts of real proper- ty in Monroe County, Florida, known respectively as Port Bougain- ville and Garden Cove and described respectively by separate legal descriptions on Exhibits A and B hereto (hereinafter "Port Bougainville" and "Garden Cove")J and WHEREAS, Port Bougainv,ille is a Development of Regional Impact governed by a Chapter 380 development order originally approved as an "Amended Development Order," dated July 25, 1974, and subsequently amended by Resolution 174-1980 of the Monroe _ County Board of County Commissioners, dated July 15, 1980, which approved a revised Planned Unit Development (P.U.D.) development plan and plat and determined that said 1980 amended development . order, P.U.D. development plan and plat (hereinafter COllectively referred to as the "1980 Plan") did not constitute a substantial deviation pursuant to Florida Statutes, S380.06(17)J and WHEREAS, the Owner proposes to make certain changes to the 1980 Plan for Port Bougainville and further proposes to develop Garden Cove as an interrelated development with Port Bougain- villeJ and WHEREAS, pursuant to Florida Statutes S380.032(3), the Owner has entered into a tri-party Agreement, dated August 3, 1982 (hereinafter the "Agreement"), with the State of Florida "~.:::,~;:;;::-;::::.1"":n~T;:;"." _.~:_;;"'~;'~:'7~.....~ . . . Department of Community Affairs and Monroe County which provides for review of the Owner's proposed development of Port Bougainville under the substantial deviation determination process of Florida Statutes, S380.06(17); and WHEREAS, pursuant to the Agreement and F10r ida Statutes, S380.06(l7), the Owner has submitted its proposed changes to the 1980 Plan of Port Bougainville as well as its proposed inter-. related development of Garden Cove for substantial deviation determinations by Monroe County's Board of County Commissioners; and WHEREAS, the South Florida Regional Planning Council has completed a "Substantial Deviation Analysis for the Port Bougain- vi1le/Garden Cove Development of Regional Impact," dated October, 1982 (hereinafter the "SFRPC Recommendations") which recommended a determination of no substantial deviation with respect to the Owner's proposed changes to the 1980 Plan for Port Bougainville and an approval of those changes subject to certain specified conditions, and further recommended a determination that the Owner's proposed interrelated development of Garden Cove consti- tuted a substantial deviation requiring a Development of Regional Impact review pursuant to Florida Statutes, S380.06; and WHEREAS, the State of Florida Department of Community Affairs (DCA) and the Monroe County Planning, Building and Zoning Department have concurred with and joined in the SFRPC Recommendations; and WHEREAS, the Monroe County Zoning Board held a public hear- ing on October 22, 1982, to review the Owner's proposed changes to the 1980 Plan for Port Bouga invi1le and its proposed inter- related development of Garden Cove and has made its recommen- dations to the Board of County Commissioners; and WHEREAS, the Board of County Commissioners hereby determines that the Owner's proposed changes to the 1980 Plan for Port Bougainville do not constitute a substantial deviation under Florida Statutes, S380.06 (17), and are in compliance with the - 2 - . ~ l ' ~ provisions of Monroe County Code, Chapter 19~ and further deter- mines that the Owner's proposed interrelated development of Garden Cove does consti tute a substantial deviation requir ing review as a Section 380.06 Development of Regional Impact. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COM- MISSIONERS OF MONROE COUNTY, FLORIDA, as follows: 1. Recitals. The above recitals are true and correct and are hereby incorporated by reference. 2. Amended Development Order. This Resolution shall here- after constitute the amended development order for Port Bougain- vi11e. 3. 1982 Plan. The Owner's proposed changes to the 1980 Plan for Port Bougainvi11e are contained in its revised P.U.D. development plan and plat, more specifically described on Exhibit D hereto, including a revised si te plan entitled "Master Si te Plan-Port Bougainville Amended", prepared by Garant Engineering, Inc., dated September 20, 1982, and a revised plat entitled "Amended Plat of Port Bougainvi11e," prepared by Post, Buckley, Schuh & Jernigan, Inc., dated September 20, 1982~ and in its proposed P.U.D. district regulations, entitled "Port Bougainvi11e District Regulations," a copy of which regulations are attached hereto and incorporated by reference herein as Exhibit C. The above documents are hereinafter cOllectively referred to as the "1982 Plan" and are further supported and amplified by additional Development Documents referenced in Section 7, Development Con- dition #53 and set forth on Exhibit D of this amended development order. 4. Findings of Fact. The following findings of fact are hereby made with respect to the 1982 Plan and the proposed inter- related development of Garden Cove: (1) Under the 1982 Plan, air pOllution from trips to and from the site would be unchanged from the 1980 Plan~ and air pollution generated from on-site traffic should be reduced from the 1980 Plan due to parking near the entrance, provision of an internal mass transportation system, and a signi- ficantly decreased internal roadway system. - 3 - ,. (2) Under the 1982 Plan, Development Conditions 11 and 12 hereinafter set forth in Section 7 will ensure that air pOllution associated with the increased lake excavation and the on-site batching plant would be minimal. (3) Under the 1982 Plan, lake acreage will be increas- ed from 19 to 35 acres, however, the depths of the lakes will be reduced from the 20 feet permi tted in the 1980 Plan to 6 feet. The special manage- ment practices contained in Development Conditions #3 through 18 herein ensure water quality of the lakes will be significantly improved from the 1980 Plan. (4) Under the 1982 Plan, the Atlantic marina and wa- terway will be redesigned by the Owner to improve existing water quality, and future modifications to the Lake Surprise marina are proposed. Devel- opment Conditions 19 through 117 herein ensure that marina and waterway water quality will be improved and adjacent mangroves and waters, including Pennekamp State Park, better protected than as provided in the 1980 Plan. (5) Under the 1982 Plan, the drainage plan, as com- pared to that of the 1980 Plan, will result in a major reduction in the pollution added to the lake, marina, and mangrove system of Port Bougainville, by essentially eliminating storm- water runoff as a contributing source of nutrients to these areas. Development Conditions 118 through #22 herein assure that improved water quality. (6) The 1982 Plan retains the 34.3 acre platted man- grove preserve of the 1980 Plan. In addition, all mangrove areas on site, except for up to a total of one (1) acre displaced to adjust boundaries and for those areas isolated by upland, will be legally described and dedicated to perpetual pre- servation. Also, the Port Bougainvil1e plan com- plies with the County's Shoreline Protection Ordinance, while the 1980 Plan did not provide the requisi te 50-foot setbacks. Development Condi- tions #23, 124 and 155 herein ensure preservation after transferral of the property to the Condominium and/or Property Owners Associations. (7) Under the 1982 Plan, the Port Bougainville devel- opment will include an Emergency Communications Center that would provide hurricane and weather warnings, with a centralized alarm system, and space at 22 feet above sea level for use as an emergency center for residents unable to evacuate in a hurricane. These provisons and Development Condition #25 herein provide hurricane protection for Port Bougainville residents not provided under the 1980 Plan. (8) Under the 1982 Plan, the Port Bougainvi1le devel- opment contains 70 acres of preserved hammock (3 acres more than the 1980 Plan), 40 acres of which will be legally described and dedicated to perpe- tual preservation as part of the plat filing docu- ment, and 20 to 30 acres of which will be legally described and dedicated upon completion of - 4 - ;, . , . construction, a protection not provided by the 1980 Plan. In addition, larger contiguous areas of hammock are being preserved, which ensures long term viability of the hammock forest and wildlife - considerations not included in the 1980 Plan. Previously disturbed or cleared areas, not used for roads or structures in the 1982 Plan, will be revegetated to match characteristics of the adjacent forest. Development Conditions 17, 118, 124, 126 and 155 herein further support the Owner's preservation program. (9) Development Conditions #24 and 27 ensure protection of wildlife species in the area. (10) The botanical garden included in the 1982 Plan requires importation of exotic plants to the Port Bougainville site. Development Conditions 128 through 130 ensure that these plants will have no adverse effect on native vegetation, particularly the hammock and mangrove preserves. (11) Two historical/archaeological sites have been found on the Port Bougainvi11e property. Develop- ment Condition 131 herein ensures appropriate examination and protection of these si tes. The 1980 Plan provides no such protection. (12) The 1982 Plan will have a posi ti ve economic and fiscal impact on the regional and local economy. Development Condition #33 herein ensures that adequate, affordable housing for trade and service workers employed at Port Bougainville will be provided proximate to the sites. Such provision was not included in the 1980 Plan. (l3) An on-site sewage treatment plant will be provided to serve both the Port Bougainville and Garden Cove developments. Disposal of wastewater ef- fluent will be by two deep injection wells, after tertiary treatment. Due to the tertiary treatment and effluent discharge below overlying impervious layers, and to the incorporation of Development Conditions 134 and 135 in this amended development order, no adverse effects on the Biscayne Aquifer, surface waters, or adjacent Pennekamp State Park waters will result, which was not assured by the 1980 Plan. (14) The Aqueduct Authority has already provided a commi tment of water supply for 1,250 Port Bougainville and 250 Garden Cove units. The FKAA has also indicated that adequate uncommitted capa- ci ty for the remainder of Port Bougainville is available. Incorporation of Development Condition 136 into this amended development order ensures sufficient potable water, regardless of FKAA capaci ty, to the two projects. Accordingly, the 1982 Plan will not result in any additional demand on water supply services. (15) Under the 1982 Plan, solid waste collection and compaction services will be provided on-site. Compacted trash will be hauled to the solid waste incinerator and landfill north of the project site. Development Conditions #37 and #46 herein ensure long term solid waste service for Port - 5 - ,I application for Garden Cove to the Council and the County. No transportation analysis was conducted, nor were any transportation system improvements required, as part of the 1980 Plan. Development Conditions #41, #42, #48, #49, 150 and 151 herein assure that improvements to the roadway network required to support project traffic are imple- mented, with equitable Owner funding, a remedy not provided by the 1980 Plan. (22) The 1980 Plan, by inclusion of Special Conditions to the plat, was subject to wide interpretation of allowable standards. Incorporation of Exhibi t C into this amended development order provides more specific development standards and regulations for the Port Bougainville project. 5. Substantial Deviation Determinations. The following substantial deviation determinations are hereby made with respect to the proposed changes in the 1982 Plan and the proposed inter- related development of Garden Cove: A. Based on the lessened negative and increased positive impacts in findings of fact 4 (1)-(21) above, none of the proposed changes set forth in the 1982 Plan or in this amended development order create any additional adverse regional impact from the 1980 Plan or regional impact not previously reviewed. Accordingly, the 1982 Plan for Port Bougainville is not a substantial deviation, as defined by S 380.06 (17) (a), F. S., from the 1980 Plan. B. Based on findings of fact 4 (1)-(22) above, the 1982 Plan is in accordance with the overall Planned Unit Development concept, as approved in 1974 and amended by the 1980 Plani and it is fur- ther determined that the 1982 Plan is in general compliance with the provisions and purposes of Chapter 19, Monroe County Code, and, subj ect to the Development Conditions included in Section 7 and the District Regulations in Exhibit C hereof, meets or exceeds the applicable standards set forth in Sections 19-238, -239 and -241, Monroe County Code. C. Based on common ownership and Owner plans for development of the adjacent Garden Cove property as a functionally interrelated project as well as on findings of fact 4 (13), (14), (18) and (21) above, Garden Cove is a substantial deviation, as defined by S 380.06 (17) (a), F. S., from the 1980 Plan for Port Bougainvil1e. Development Condi- tions #43, #44, i5l and 152 herein will resolve this finding consistent with statutory requirements. 6. Approval of Amended Development Order and 1982 Plan. Based upon the above findings of fact and substantial deviation determinations, the following approvals are hereby granted - 7 - Bougainville, should the capacity of the Key Largo volume reduction plant be exceeded prior to completion and occupance of Port Bougainville and Garden Cove. (16) Under the 1982 Plan, extensive recreation and open space will be provided by the project, including a number of facilities designed to instruct resi- dents and tourists on the uniqueness and fragility of the Keys environmental systems. A nature in- terpreti ve center, combined with trails through parts of the hammock forest, a nature observation station overlooking the Altantic mangrove pre- serve, and an elevated boardwalk along the man- groves are provided. The 1980 Plan did not offer such a wide array of recreational facili ties or any educational facilities. By providing for public access to many of these facilities, the 1982 Plan will contribute to recreational and service availability for Keys residents. Development Condition #38 herein assures such public access. (17) Under the 1982 Plan, energy demand at the project si te is expected to be 66 million KWH annually. The Florida Keys Electric Cooperative anticipates adequate capacity to meet this demand. Energy conservation measures, some in excess of State bUilding code requirements, will be incorporated into bUilding design, and an electrical substa- tion, located on Tract R utility si te, will be provided by the Owner. In addition the internal tram system and other measures to encourage walk- ing will reduce energy used in auto travel. De- velopment Condition #39 herein assures that appli- cant-proposed measures are implemented. (18) Under the 1982 Plan, an on-site first aid station and emergency helicopter landing pad will be pro- vided in the Port Bougainville project. In addi- tion, the Owner will be proposing, as part of the Garden Code DRI application, location of a fire station on the Garden Cove site. Development Condi tions #37, 140, #46 and 147 herein assure that adequate emergency medical and fire services are provided to the site. (19) Under the 1982 Plan, the project will include an internal security and marine patrol. Development Condi ti()ns #37, 46 and 47 herein ensure adequate police service to Port Bougainville. (20) The project should not adversely affect educa- tional facilities in the north Key Largo area since approximately one-third of the units will be rentals, reducing the number of potential stu- dents, and the local schools have substantial unused capacity. Incorporation of Development Conditions #37, #46, and #47 into this amended development order ensures that, should school capacity be exceeded as a result of this develop- ment, the Owner will aid in providing adequate educational facilities. (21) The Owner will be conducting a comprehensive traf- fic analysis for the Port Bougainville and Garden Cove properties, as part of submi ttal of a DRI - 6 - .. ____, ..o.....,.~~ _ "".__.""",<,0 .,'."""......~...."'~; ~~~$4'.,.;t:~,i<ti;o.b.;_~;k'~. .'....;:... _~_:f;-:;:'c,:;:., :~-",.~;;~';",,-:.;._;;:::-.;:: ~:;,:,~.,...:;: {:_:'..", subject to the Development Conditions set forth in Section 7 of this amended development order: A. This Amended Development Order is approved as the governing Chapter 380 development order for Port Bougainville. B. The revised development si te plan, entitled "Master Site Plan-Port Bougainville Amended", prepared by Garant Engineer ing, Inc. , dated September 20, 1982, and attached engineering and architectural drawings more specifically described- in Exhibit D hereto, is hereby approved pursuant to Monroe County Code, Chapter 19, as the overall Planned Unit Development Master Plan for Port Bougainville. C. The Development Conditions of Section 7 hereof and the P.U.D. district regulations, entitled "Port Bougainville District Regulations" attached hereto as Exhibit C of this amended development order, are hereby approved as the specific development standards and conditions by which the above- referenced Master Site Plan-Port Bougainville Amended shall ultimately be permitted and con- structed. D. The revised plat for Port Bougainvil1e entitled "Amended Plat of Port Bougainvil1e," prepared by Post, Buckley, Schuh and Jernigan, Inc., dated September 20, 1982, is hereby approved, pursuant to Monroe County Code, Chapter 19 and the appli- cable Monroe County subdivision regulations, for record, and the Chairman and the Clerk of the Board of County Commissioners are hereby authoriz- ed to sign the certificate of approval of said revised plat and to record same in the Public Records of Monroe County, Florida. The Owner is hereby authorized to proceed in its development of Port Bougainvi11e pursuant to the 1982 Plan and this amended development order. 7. Development Conditions. The following Development Conditions are hereby approved as conditions for the substantial deviation determinations of Section 5 hereof and the development approvals of Section 6 hereof: A. THE OWNER WILL: 1. Establish and implement a monitoring program of airborne particulate matter generated by the temporary batching plant and the lake excavations on a schedule and using methods agreed to by the County, Council and DER; provide monthly monitoring reports to the County and DER; and institute controls as indicated by the program or as required by - 8 - DER and the County, to ensure estimated 99% reduction in released into the air from plant. the Owner- particulate the batching 2. Dismantle the temporary batching plant and remove it from the site as soon as construc- tion at Port Bougainvil1e is completed. 3. Design, install during lake construction, and maintain a subsand aeration/filtration system in all project lakes. Details on the design of the system and the maintenance program should be provided to the Council and the County for review and approval, prior to commencing second stage (final depth) of lake excavation. 4. Implement the following lake and ground water qua1i ty moni tor ing at a minimum of 4 loca- tions in each lake and at a minimum of 7 upland test wells at locations and using methodologies agreed upon by the Owner, County and Council, and provide results to the Monroe County BiOlogist: Monthly - DO, coliform bacteria, a mea- sure of salinity from surface to bottom over a 24 hour period. Quarterly Plankton, bottom quadrats (benthic organisms), nutrients (nitrates, ammonia, orthophosphates), and BOD in the lakes and nutrients, BOD and sulfides in the ground water, using accepted scientific methods and prac- tices. Semi-Annually (January and June) Metals, oil and grease, PCBs, pesticides and other chemical substances used on si te during the dry and rainy seasons and to reflect the heaviest use period. Any substance deliberately introduced into the lakes for any reason will be subsequently monitored semi-annually not only in the lake and ground water sample locations, but also as part of the ongoing mar ina and waterway monitoring program required in Development Condi tion #11. At any time that these test results indicate a deterioration in water quality below State standards, the Owner will notify the County (Health and Planning, Building and Zoning Departments), Council and DCA and immediately undertake whatever corrective actions as are necessary to improve water quali ty to State standards. 5. Implement a program and schedule of harvest- ing biological material and debris from the inland lakes, in consultation with the County Biologist and Health Department and the Coun- cil, including provisions for such main- tenance to be conducted internally from the lakes, without land acce~s required. - 9 - . . 6. Coordinate with the Florida Department of Heal th and Rehabili tati ve Services (HRS) Regional Engineer for Monroe County in the design and construction of measures to assure water quality maintenance in the inland lakes (to meet State standards delineated in Chap- ter 17.3, F.A.C. - water quality, and Chapter 10.D.5.90, F.A.C. - water quality for beaches for public bathing), and institute the moni- toring program for public bathing beaches required by HRS. Copies of all monitor ing results will be provided to the County Bio1og ist. At anytime that the monitor ing results indicate a deterioration in water quality below State Standards, the Owner will notify the County, Council and DCA and will immediately undertake whatever corrective actions are necessary to improve water quality to appropriate standards. 7. Construct up to 25 percent of the residential units (not to exceed a total of 550 units) over the lake water or with zero lake front setback, with a stormwater collection system that directs runoff away from the lakes and through the drainage management system1 and provide an equivalent area of preserved hammock, reduce building heights or provide a combination of the two. A supplemental master site plan showing revised locations, heights, and hammock preserve, will be submitted to the County and Council for veri- fication of compliance with this requirement within three (3) months of the date of issu- ance of this amended development order. 8. Add to the condominium documents the follow- ing obligatory covenants: "(a) The property Owners' Association shall maintain and operate a lake and ground- water quality monitoring and maintenance program in perpetuity to insure the inland lakes of Port Bougainvi11e will remain an attractive, healthy asset to the development. That program shall consist of, but not be limited to: (1) The maintenance and operation of pumped aerators/filters. (2) Monitoring and testing for pollu- tants and harmful organisms, as defined in Development Condition #4 of the 1982 amended development order. (3) The collection and disposal of floating debris. (4) The harvest ing and/or dredg ing for maintenance of good water quality and removal of harmful organisms. The cost of such a program shall be proportioned to the property and condo- minium owners of Port Bougainvil1e as a - 10 - part of the total project annual assess- ment. The program shall be administered by the officers of the Property Owners' Association." 9. Obtain FDER/USACE and County permits for the reconstruction of the Atlantic marina and waterway and provide copies of all applica- tions and correspondence to the Council, County, and Pennekamp State Park officials. 10. Use turbidity curtains during alterations to the Atlantic mar ina and waterway to ensure' that turbidity of water entering surrounding waters does not exceed State standards. Construction documents submi tted to the County will specify that these best management practices will be followed. 11. Implement a water quality monitoring program in both marinas and waterways at locations and using sampling methods and test para- meters to be agreed upon by the County, Coun- cil and DER to assess construction and site development impacts, increased boating effects and the effects of any substances introduced into the lake system pursuant to Development Condition #4, and provide results to DER, the County Biologist, USACE and Pennekamp State Park officials. At any time that the moni tor ing results indicate a deter ioration in water qua1i ty below State standards, the Owner will also notify the Council and DCA and immediatly undertake actions necessary to improve water quality to State standards. 12. Locate the Atlantic and Lake Suprise marina fueling stations within the marina basins in areas where spills can be quickly contained and cleaned up, and provide designs, including specification of the location, dimensions, capaci ties and, design of fuel storage containers, for both fueling stations to the Council, County, Florida Marina Patrol and DER prior to commencement of marina alterations. 13. Develop an oil and fuel spill containment and cleanup plan, including maintenance of neces- sary equipment on-site, for review and appro- val by the Marine Patrol, Council, County and DER before construction of marina modifi- cations. 14. Provide details of alterations proposed for the Lake Surpr ise Marina to the Council and County for review at least 30 days pr ior to submittal to DER. 15. Confine all boat maintenance, which could result in water quality deterioration, to the maintenance facili ty in Tract N, and provide for the separation and collection of pollu- tants. - 11 - 16. Assure cleanup and disposal of fish cleaning refuse through the sewage treatment plant. 17. Provide a plan for closely spaced, highly visible marking and lighting offshore access- ways to both the Lake Surprise and Atlantic marinas and waterways for review and approval by the U.S. Coast Guard, Florida Marine Pat- rol, Pennekamp State Park, DER, the Council, and the County prior to commencement of marina modifications. 18. Ensure that fertilizers will not be used in locations where they will enter the inland lakes, marinas, waterways, mangrove preserve, or hammocks, and prohibit the use of herbicides on site. 19. Develop a plan for containment and clean-up of accidental spills of hazardous mater ials and chemicals stored on si te for review and approval by the Council, DCA and the County. 20. Stabilize all excavated and exposed soils during construction by berming, mulching and planting, and spraying water on loose sur- faces, as appropriate until final landscaping and replanting is completed. Construction documents submi tted to the County will specify that these best management practices will be followed. 21. Direct runoff, during construction, into swaled settling areas and use silt screens or riprap channels dur ing any acti vi ties that could produce runoff into water bodies. Construction documents submi tted to the County will specify that these best manage- ment practices will be followed. 22. Implement a road and parking area sweeping program, clean french drains of debris regu- larly, and keep swale systems well vegetated. 23. Legally describe and dedicate to perpetual preservation all red, whi te and black man- grove acreage owned by the developer wi thin Port Bougainville, except any isolated man- grove areas separated by upland vegetation, structures, etc.; provided, however, that up to a total of one (1) acre of said mangrove acreage may be displaced to adjust boundaries with mitigative replanting of quadruple acre- age in locations approved by DER, USACE, the County and the Council. 24. Add the fOllowing covenants to the condo- mlnlum documents to maintain hammock and mangrove preservation areas in a perpetual natural state: 11 (a) The Property Owners' Association shall maintain those areas referenced in De- velopment Conditions 123 and 126 of the 1982 amended development order in a perpetually preserved state. In doing so, the Association will be obliged to: - 12 - ...-;'-.- -~...:>-.;.".... .=....,.,~ '"', ,......~----..,-,,_..~'" ,.,,</,-,,-'''''. '-...,...........'-",.- ,,,,"p,,,,~~,,*,,,,,,,.~-,-,,j;~~-;....,>:>- ._~ (1) Forever prevent the building of any structure in a dedicated preserva- tion zone unless specifically iden- tified in the recorded plat. (2) Establish and enforce a policy of excluding residents and visitors from trespassing on the zones, except along provided pathways. {3} Provide security and maintenance crews to collect refuse and pOlice the boundaries of the zone to main- tain their natural state, including the removal along the boundaries of undesireable exotic, noxious and pestiferous plants (e.g., Australian Pine, Brazilian Pepper, Maleleuca). (b) The cost of such a program shall be proportioned to the property and condo- minium owners of Port Bougainvil1e as a part of the total project annual assess- ment. The program shall be administered by the officers of the Property Owners' Association." 25. Develop and implement a hurricane evacuation plan for Port Bougainvil1e (designed to be expanded to include Garden Cove) in coordina- tion with the Monroe County Division of Disaster Preparedness and the Council, in- cluding the temporary provision of mass transportation, if necessary to reduce road congestion and appropriate evacuation destin- ations1 provide this plan to potential buyers as part of general project information1 and require resident compliance through restric- tions to the extent legally enforceable in the Condominium and Property Owners' Associa- tion documents. 26. Preserve a minimum of 72 acres of hammock forests and legally describe and dedicate to perpetual preservation a minimum of 60 acres of hammock forest, 40 acres of which will be so described and dedicated as part of plat recordation and at least 22 and up to 32 acres of which will be legally described and dedicated, on a tract basis, within 2 months of completion of construction of each tract. 27. Provide signs in both marinas and waterways and access channels, requiring no wake and notifying boaters of the proximity and penal- ties associated with the disturbance of the endangered West Indian manatee and North American crocodile. 28. Provide documentation to the Monroe County Biologist that any plant matter in Port Bougainvi1le, which originates from outside the United States, has been inspected and admitted by United States Department of Agri- culture, Animal and Plant Health Inspection Service, regardless of how it is imported, - 13 - e.g., by an individual on a personal trip, commercial shipment, or a project horticu1- turalist. 29. Allow a representative from the Subtropical Horticul tural Research Unit of the Science and Education Administration of the U.S. Department of Agriculture and any other County, State, or Federal expert to inspect the Commerson Garden in its entirety at regu- lar intervals, without having to provide advance notice to the developer, to determine whether or not offensive, infectious or pest species of plants, bacteria, or viruses are present. . 30. Destroy any plant species imported to the Port Bougainville site that becomes invasive, noxious, aggressive, or infested in the South Florida environment, as determined by the Owner or County, State, or Federal experts or consultants. 31. Provide protection from vandalism of the two archaeological sites on the Port Bougainville property, encourage the State Historical Preservation Office and other qualified archeologists to undertake an organized examination of these sites: and designate the site on the Atlantic side of C-905 as preservation area. 32. Limit to 800 units the number of residential uni ts that will be incorporated, at the op- tion of the purchaser at the time of sale, into any Port Bougainville management- operated rental program. Nothing herein shall be construed, however, to limit the rights of any purchaser to subsequently rent or lease his unit outside the management- operated rental pool. 33. Provide housing for 350 proj ect employees, priced affordable to trade and service wor- kers of Port Bougainville, in the Garden Cove project. Should the Garden Cove DRI not be approved pursuant to Development Condition 143, the Owner shall provide the housing within a 10-mile radius of the site, phased to coincide with permanent employment at Port Bougainville, and operate a mass transporta- tion service from the housing to the pro- ject. Should these units be sold, rather than rented, deed restrictions will be incor- porated to limit future sales price increases to no more than the compounded annual inflation rate, as defined by the appropriate index for housing. 34. Provide results of hydraulic testing to locate artesian aquifer formations in the Tampa limestone for deep well injection of sewage effluent to the County, DER, and Council for review and approval prior to commencement of drilling. - 14 - 35. Develop an operations and maintenance manual and provide training and instruction to assure fully qualified sewage treatment plant personnel and conduct periodic inspections of the plant. 36. Construct a reverse osmosis plant of adequate capacity to meet the needs of both Port Bougainvi1le and Garden Cove should the FKAA not have adequate uncommitted capacity to serve the projects1 provided, however, that at such time as an adequate supply of potable water is available from the FKAA or its suc- cessor agency, all potable water service shall be transferred to and supplied by the FKAA. 37. Enter into agreement (s) with the County to contribute an equitable share of the capital costs of public facilities, specifically emergency medical service, police and fire, required as a result of the increase in population and commercial activity generated by the Port Bougainvi1le and Garden Cove projects, subsequent to completion of the public facilities capital improvements plan required by Condition 146. The Owner will also contribute an equitable share of the capital cost of expansion of the solid waste disposal and education facilities that serve the projects, if the capacities of these facili ties are exceeded prior to completion and occupancy of Port Bourgainvi1le and Garden Cove. All equitable allocations of financial or other obligations shall be mutually agreed upon by the Owner, County, and Council. For the purposes of this and any other condition, nequitablen participa- tion, share, allocation, etc. shall mean that the Owner will be responsible for the margin- al costs of upgrading or expanding an exist- ing public facility to support, or the full cost of constructing a new facility required by, the Port Bougainville development 1 while the County will fund (either from general revenue, by assessment of other private development proposed and approved in the same service area, or some combination of both) those service and facility improvements that are required by existing or anticipated demand from previously approved or future development and/or that result from normal facility deterioration or population growth. If the Owner and the County do not reach agreement within 2 years from the date of issuance of this amended development order, the Owner shall place in escrow, pro- vide a letter of credit, or bond for a dollar amount deemed acceptable by the Council and DCA, until a formal agreement with the County is reached. 38. Permit public access to the following Port Bougainville recreational facilities, subject to safety of project residents, preservation of natural areas, and Port Bougainville regu- lations: - 15 - o botanical garden o nature trails o nature interpretive center o nature observation tower o harbor promenade and the restaurant, and shopping around the harbor in Tract D commercial, facilities o Atlantic marina and waterway o commercial, restaurant, and shopping in Tracts Nand 0 o restaurant in Tract P o fine arts center and gallery in Tract 0 39. Incorporate the following energy conservation measures into building and project design: o o extensive use of common wall construc- tion: o exterior wall insulation values of R-15: o flow through ventilation in each resi- dential unit: o provision for ceiling fans in each resi- dential unit: o high-efficiency water-cooled heat pumps (an average EER of 10.0 or higher) with central chiller units in each resi- dential building; o open-air corridors and lobbies in all residential buildings: encouragement of walking and provide trams for short trips on-site. 40. Purchase and maintain water-based fire equipment for access to the residential buildings from the internal lakes. 41. Conduct a traffic analysis for the Port Bougainvi1le and Garden Cove projects, based on assumptions and scope to be agreed to by the Council, County, and Owner, and submit the study to the Council, County and State Department of Community Affairs for review and approval, as part of the Garden Cove DRI Application for Development Approval required by Development Condition 143, within six (6) months of the date of issuance of this amend- ed development order. 42. Obtain Florida Department of Transportation (FDOT) and County approval of design and eng ineer ing for and construct or fund con- struction of those transportation system improvements required to support Port - 16 - .' .T_~~;~;,.;,i..:;i,~~""''':.':,:".......,;;l;-:,.c:>'''~ ;..~~ Bougainville and Garden Cove traffic, as identified and scheduled by the analysis and review required in Development Condition 141. The financial or other obligations of the Owner will be established based on an equitable allocation of costs among the Owner, the County, and other private develop- ments, provided however that the Owner may either be restricted to a 1,000 unit maximum development for the Port Bougainville and Garden Cove projects combined or be required to construct all roadway improvements includ- ing reconstruction of the US l/C-90S inter- section necessary to support full build-out of the two projects. In the latter event, the dollar cost of improvements over and above the Owner's equitable share shall be reimbursed by the County based on the proce- dure established as a result of Development Condition 148. In the event that the Owner is unable to obtain FDOT or County design and engineering approvals for the required road- way improvements within eighteen (18) months from the date of issuance of this amended development order, the Owner may proceed with development build-out in excess of the above- referenced 1,000 residential units by placing in escrow, providing a letter of credit, or bonding for a dollar amount sufficient to III 1982 dollars cover the costs / of said improvements as determined by the Council and DCA, until the required approvals are received1 provided, however, that the Owner will undertake con- struction as soon as all required approvals and, if necessary, required rights-of-way have been obtained. 43. Submit to the County, Council, and Department of Community Affairs a DRI Application for Development Approval (ADA) which shall in- clude application for local major development project approval within six (6) months of the date of issuance of this amended development order. This ADA shall request DRI and local zoning approval of the development plan for the property known as Garden Cove based upon the cumulative impacts of both the Garden Cove and Port Bougainville developments. This amended development order for Port Bougainville may be modified by the County as a result of the DRI review of Garden Cove 1 provided however that: a. such modification will be solely for the purpose of incorporating additional, or al ter ing existing, conditions to mi ti- gate adverse or enhance beneficial re- gional, local, or site specific impact 1 b. this 1982 approval of the Port Bougainville project will not be recon- sidered: and c. such modification shall not be deemed to be a substantial deviation from this amended development order. - 17 - 44. Initiate the first of a ser ies of preappli- cation meetings, within six weeks of the date of issuance of the amended development order, with the County and Council to define the land use and traffic study assumptions for the proposed Garden Cove Development of Regional Impact, and to enter into an agree- ment to delete or add questions to the DRI questionnaire as necessary to ensure all informational requirements for DRI and local major development project approval are included in the ADA which shall serve as the application for both review procedures. Such mutually agreed upon land use definitions and ADA contents shall occur no later than two (2) months from the date of issuance of this amended development order. 45. Update, revise and/or consolidate those docu- ments specified in Development Condition i53, as necessary to conform to the requirements of this amended development order wi thin 90 days of the date of issuances of this amended development order, and provide the revised documents to the County, Council and DCA. B. THE COUNTY WILL: 46. Develop a capital improvements plan and sche- dule for all public facili ties and services (including but not limited to solid waste, health, pOlice and fire, education, and recreation) required to support Upper Keys proposed developments, including cost esti- mates and allocation procedures to require at a minimum major development projects to con- tribute their equitable share of the capital costs of such public facility improvements, wi thin one (1) year of the date of issuance of this amended development order. This plan and schedule shall ensure that adequate facilities and service capacities will exist to serve Port Bougainville, Garden Cove, and other developments in the same service area which are proposed, occupied and/or available for occupancy 1 for which building permits are in effect1 and for which service capacity has been purchased. 47. Enter into agreement(s) with the Owner, pur- suant to Development Condition 137, to estab- lish the financial obligation of the Owner for emergency medical, pOlice and fire, and, if necessary, educational and solid waste facilities capital expenditures, based on the capital improvements plan required in Devel- opment Condition i46, within two (2) years of the date of issuance of this amended devel- opment order. 48. Establish in consultation wi th the Council and DCA a cost allocation assessment and collection procedure, based on the traffic analysis and review required in Development Condition i41, to assign private developments an equitable share (as defined in Development Condition 137) of the costs of transportation improvements required on C-905, C-905A, and - 18 - US 1, as well as the costs of reconstruction of US l/C-90S intersection, wi thin two (2) years of the date of issuance of this amended development order. 49. Reimburse the Owner for any costs front-ended by the Owner pursuant to Development Condition 142 over and above his equitable share, for roadway improvements, including reconstruction of the US l/C-905 intersec- tion, based upon the assessment procedure required in Development Condition 148. 50. Undertake any right-of-way acquisition re- quired for improvements to County roads and urge prompt right-of-way acquisition by FDOT as necessary for improvements to State roads, pursuant to Development Condition 142, as soon as design and engineering plans for such improvements are completed and funding for such acquisition is available. 51. Meet, as necessary, with the Owner and the Council to define land use and traffic study assumptions for the Garden Cove Development of Regional Impact and provide written indi- cation of County agreement on these assump- tions not later than two (2) months from the date of issuance of this amended development order. 52. Compare the DRI ADA questionnaire wi th the informational requirements of the County major development project ordinance and identify all addi tiona1 information not covered by the DRI ADA questionnaire that should be included for it to serve as the sole application document for both Chapter 380, F. S., and County zoning review. Based on this comparison, the County will enter into a written agreement specifying informa- tion, procedures and timing of review with the Owner and Council within two (2) months from the date of issuance of this amended development order. C. GENERAL CONDITIONS: 53. Development Documents. The Development Docu- ments for Port Bouganvil1e as listed on Exhibi t D hereto including those which must be revised pursuant to Development Condition 145, are incorporated herein by reference and relied upon by the parties in discharging their statutory duties under Chapter 380, Florida Statutes. Substantial compliance wi th the representations contained in these documents is a condition for approval unless waived or modified by agreement among the parties, provided, however, that this amended development order and its Exhibits A through C shall control in the event of any inconsistencies with the materials referenced in Exhibit D. 54. Completion Requirements. This amended devel- opment order shall be null and void if the following activities are not completed within - 19 - four` (4) year's from the date of issuance of this . amended development order: completion of 600 residential units, including installa- tion of a subsand aeration/filtration system in the lake system on the Atlantic side of C- 905; . .and development ofhurricane evacuation, oil and fuel spill containment and . cleanup, - and hazardous materials containment and' clea- nup plans for the project; provided, however , as approved in Resolution No. 174-1980, con- struction of the Port Bougainville P.U.D. project shall be completed within a period not to exceed fifteen (15) years from July 15, 1980. 55. Substantial Deviations. a. . The following changes-- to the approved' development -plan .shall be deemed to be .a substan. tlial deviation, ,pursuant 'to § 380. 06 (117) , F.S , requiring resubmittal of a DRI application, and a major change, pursuant to Chapter 19, Monroe County Code, requiring submittal of the changes 'through County PUD review proce- dures: o any, excavation of lakes in excess of 36 acres. o any reduction in hammock forest preservation acreage below 70 acres. o any° reduction in dedicated mangrove preserve 'acreage.- ' • any hotel development in excess of 600 units. o a change in marketing of resi- dential/resort units to timesharing (sequential, multiple ownership) . o any addition of more than' 800- dwel- ling units to the management- operated rental pool. .. o any increase in percent of lot coverage : from the restrictions specified in Exhibit C. o any increase in the total number of permitted units (2,806 units) . b. The following changes to the approved development plan are hereby permitted and shall not be deemed to be 'a substantial deviation, pursuant to §380. 061(17.) , F.S. , nor. will such changes require , further review by the County, pursuant to Chapter 19, Article XI, - 19- 234 (i) and 19-237 (7) : ' ' 0 any .change made pursuant to or in compliance with this amended devel- opment order, including the PUD District - Regulations incorporated 20 - • herein as- Exhibit C and the Development Conditions set forth in Section 7 hereof. ° any;!', change . required by changes in federal flood elevation criteria or DER, SFWMD, or the U.S. Army Corps of Engineers 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 substantial deviation or, major change. 56. Annual Reports. The Owner shall submit a report, twelve _ (12) months from .the . date of issuance of this amended development order and each twelve (12) months = thereafter ' until all certificates of occupancy are issued, to the South Florida Regional Planning Council; the State of Florida Department of Community Affairs, Division of .Local Resource Manage- ment;, all affected permitting„ agencies and the Monroe County Building and Zoning Depart- ment. This ;report shall contain, for the preceding twelve (12) months: . - A general description of construction progress in terms of construction' dollars and employment compared" to the schedule in the Owner's application for substantial deviation determination. Specific report on progress on activi- ties set forth in Condition #51 above. . A cumulative list of all permits or "approvals applied for , approved , or denied. _ 'i A statement as to whether any proposed project construction changes in the ensuing twelve (12) months are expected to deviate substantially from the appro- vals included 'in this' amended develop- ment order. Any additional responses required by rules adopted by the State of Florida Department of Community Affairs. 57. Monitoring. . ,The Director of the Planning, Building and Zoning Department of Monroe County is hereby designated to receive " the above annualL reports and to monitor and assure substantial` compliance with this amended development order. 58. Filing Of Amended Order. The County Admini- strator is 'hereby mandated to deliver a copy of this amended development order and all development ".p'ermits _ issued thereunder to the State of Florida. : Department of Community , Affairs and .the South Florida Regional Plan- ning Council. I ' fI 21 - 59 . Recordation. The Owner shall, pursuant to • • F.S. , §380. 06 (14) (d) , provide a notice to the . Clerk, Monroe County Circuit Court, for recording in the Official Records of Monroe County that the Board of County Commissioners • of Monroe County, Florida has issued this amended development order for Port Bougainville, a Development of Regional Impact, legally described on Exhibit A here- to. 8. Conclusions of Law. The Board of County Commissioners hereby makes and enters the following conclusion of law: A. The 1982 Plan for Port Bougainville and this amended development order do not constitute sub- stantial deviations from the 1980 Plan and amended development order pursuant to Florida Statutes, §380. 06 (17) . B. The 1982 Plan is in general compliance with the provisions of Monroe County Code, Chapter 19 ; and the changes from the 1974 development plan and the 1980 Plan, which are included in the 1982 Plan and are subject to the Development Conditions in Section 7 and the District Regulations in Exhibit C hereof, meet or exceed the applicable standards set forth in Section 19-238 , Section 19-239 and Section 19-241 of the Monroe County Code; and, in that the 1982 Plan is in accordance with the overall PUD concept as approved in 1974 and amended by the 1980 Plan, the 1982 Plan does not require further review pursuant to Sections 19- 234 (i) and 19-237 (7) , Monroe County Code. C. The Owner is lawfully authorized to proceed with the development of Port Bougainville pursuant to the 1982 Plan and this amended development order. D. The Owner ' s proposed interrelated development of Garden Cove constitutes a substantial deviation and, accordingly, Garden Cove is required to undergo a Section 380 .06 development of regional impact review. 9. Severability. In the event any section or sub-section of this resolution should be adjudicated to be invalid, the remaining provisions of the resolution shall remain in full force and effect. PASSED AND ADOPTED by the Board of County Commissioners at a regular meeting and public hearing held on the 25th and 26th Days of October , 1982. BOARD OF COUNTY COMMISSIONERS OF MO COUNTY, FLORIDA ae, ----,„,„ 87 ,0 �� B 4 RA1.PH � . VIM CUU y• "'Chairman U - - - ttest: 460,!:_3_, lrK Clerk Approv as to form and egal sufficiency: By: `r /L 1;2 County Attorney' s Office - 22 - EXHIBIT I Al PORT BOUGAINVILLE The following described property located in Monroe County, Florida: PORT BOUGAINVILLE -- a Resubdivision of "First Revised Plat of North Largo Yacht Club Plat No.1" according to the Plat thereof, as recorded in Plat Book 7, Page 21 of the Public Records of Monroe County, Florida. Page 1 EXHIBIT 'B' GARDEN COVE The following described property located in Monroe County, Florida: Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12, Block 1; Lots 9 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, and 28, Block 3; Lots 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, and 65, Block 5; Lots 1-50 Inclusive, Block 7. Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, and 40, Block 8; Lots 1,2,3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19,20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, and 44, Block 9; Lots 1-24 Inclusive, Block 10. Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, Block 11; Lots 1-12 Inclusive, Block 12. Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15, Block 13; Lot 1, Block 14; all in KEY LARGO CITY, INDUSTRIAL SECTION, PLAT 5, according to plat thereof recorded in Plat Book 1, Page 176, of the Public Records of Monroe County, Florida, AND Lots 1-12 Inclusive, Block 1. Lots 3-26 Inclusive, Block 2. Lots 1,2,3,4,6,7,8,9, 10, 11, 12, 13,14, 15, 16, and 17, Block 3; Lots 6-24 Inclusive, Block 4. Lots 1-8 Inclusive, Block 5; all in KEY LARGO CITY, GARDEN COVE SECTION, PLA T 1, according to plat thereof recorded in Plat Book 1, Page 157, of the Public Records of Monroe County, Florida, AND Lot 1, Block 1; Lots 1-17 Inclusive, Block 2; Lots 1-16 Inclusive, Block 3; Lots 1-8 Inclusive, Block 4; Lots 1, 2, 3, 4, 6, 7, and 8, Block 5; Lots 1, 2, 9, and 10, Block 6; All of Block 7; all in KEY LARGO CITY, GARDEN COVE SECTION, PLAT 2, according to plat thereof, recorded in Plat Book 1, Page 195 of the Public Records of Monroe County, Florida. AND Government Lot 1, Section 31, Township 60 South Range 40 East, less and except therefrom PORT BOUGAINVILLE -- a Resubdivision 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 Page 1 All of the SW i lying North and East of U. S. Highway #1 in Section 31, Township 60 South, Range 40 East, and less and except therefrom Plat No.5, of KEY LARGO CITY, INDUSTRIAL SECTION, according to the Plat thereof recorded in Plat Book 1, Page 176, and less Dixie Highway not included in said Plat, and less and except therefrom the Revised Plat of Portion of Block 5 of Key Largo City Subdivision according to the Plat thereof recorded in Plat Book 3, Page 155 and PORT BOUGAINVILLE -- a Resubdivision 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 SW i Section 31-60-40, lying between U.S. Highway #1 and Lots 3 through 7, of Block 5, KEY LARGO CITY, INDUSTRIAL SECTION, (PB 1-P 176), and the Southwesterly line of an existing road, which line is the extension Northwesterly of the Northeasterly lot line of Lot 7, of said Block 5 to the Easterly right-of-way line of U. S. Highway #1. AND AND LESS from all of the above described property. All of that property which lies within 75 feet each side of the following described centerline, according to the Right-of-Way Map for Section 90520-2601, part of said centerline being more particularly described as follows: Commence at the center of Section 31, Township 60 South, Range 40 East; run N 890 27'30" E along the East-West ! Section line of said Section 31, a distance of 640.11 feet; thence S 380 23'32" W a distance of 1401.82 feet to the POINT OF BEGINNING of that part of the herein described Centerline; thence N 380 23'32" E along said centerline a distance of 7539.57 feet to the END of said part of the herein described Centerline; thence N 000 22'48" W along the North.-South ! Section line of Section 29, Township 60 South, Range 40 East -- a distance of 410.83 feet to the center of said Section 29. Subject to existing Right-of-Way for S-905. AND LESS The Southeasterly 30 feet of Lots 46,47, 48,49,50,51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, and 65 all in Block 5 and the Southeasterly 3(1 feet of Lots 25,27,28,30,31,32,33,34,35,36,37,38,39,40,41,42, 45, 46, 47, and 48 in Block 6;, Plat No.5, KEY LARGO CITY - INDUSTRIAL SECTION, according to the Plat as recorded in Plat Book 1, Page 176 of the Public Records of Monroe County, Florida, in Section 31, Township 60 South, Range 40 East. Page 2 EXHIBIT 'C' PORT BOUGAINVILLE DISTRICT REGULATIONS Port Bougainville Use District: General -- The Port Bougainville Use District defines a land development concept which takes into account continuity of architectural theme and integrated land use. The project proposes to mix residential, commercial, recreational, public facility and service functions into a workable interrelated community. A. General Requirements: The following general requirements are a part of the Development Order and shall apply to the Port Bougainville PUD development. 1. The residential, commercial, recreational and related amenities of Port Bougainville shall be designed and constructed to represent the architecture of those communities to be found in the coastal villages of the European Mediterranean. The scale, detailing and mixture of such styles shall be followed throughout the project. Diversity based on traditional European modes is desired and a mixing of historical periods and cultural diversities is to be encouraged. All structures shall exhibit a compatibility to this theme. 2. The design, construction and maintenance of a private road system connecting all tracts and buildings will_ be required. The system shall meet County road standards. 3. A wastewater system consisting of collection, treatment and effluent disposal according to State and County requirements will be provided by the Developer. 4. A potable water distribution system will be furnished connecting all tracts. The system shall be designed, built and tested according to Health Department standards. 5. Set asides shall be provided for perpetual preservation of certain upland hammock and mangrove wetlands. Such areas will be legally described and made a permanent part of the proposed project. 6. Tract Development -- Prior to obtaining building permits for structures in an individual tract, the Developer shall establish a . tract site plan which describes his intended development plan for the tract based on the recorded Plat, Plan and Development Order. The plan shall show or establish graphically the following: a) Proposed setbacks according to these Regulations b) The approximate edge of lakes and/or harborways Page 1 c) Total lake area proposed for the tract d) The number of units within 20 feet of water's edge e) Exact areas previously set aside as perpetually preserved f) Approximate areas proposed for additional dedicated preserve g) Approximate areas proposed for non-dedicated preserve h) Building Zones: (1) Building zones shall be defined as those areas which are within the required setbacks, not a part of a preservation zone, and therefore acceptable as building sites. The Developer shall present to the County Planning Department and Building Inspector the proposed tract site plan with each building permit application to insure the proposed building parameters do not violate the development standards set forth in these regulations, the adopted Development Order, the recorded Plat and Plan. Structures proposed within an established "Building Zone" shall not be limited in height, location and area except as restricted in the Port Bougainville District Regulations. 7. All buildings shall be constructed with and shall maintain roof, patio and garage drains which will assure all building runoff is directed away from standing water and into upland filters and/or ponding areas. 8. Total upland lake area shall not exceed 36 acres. 9. The Developer shall Monroe County Code maximum extent insitu the required plantings. 10. The Developer shall provide proper and adequate natural buffer zones to protect and separate adjacent land uses and environmentally sensitive land. provide landscaping equivalent to Section 19-127, utilizing to the existing indigineous vegetation for 11. The Developer shall provide that parking and other public areas used at night shall be adequately lighted, and private areas shall be adequately protected from such lighting. The Developer shall provide adequate protection from public street lighting to reduce excessive glare from lighted areas. 12. The Developer shall be required to complete those common recreational amenities related to the residential structures within a tract prior to receiving a certificate of occupancy on any and all buildings within that tract. Page 2 B. Residential Districts: 1. The following restrictions shall apply to Port Bougainville Tracts A, B, C, E, F, G, H, J, K, Q and S: a) Principal Uses Permitted -- Multiple-family dwelling apartments, townhouses and detached units for rent or sale. b) Accessory Uses Permitted Cocktail lounges, clubhouses, swimming pools, tennis courts, storage, recreational and service buildings, manager's office, boat storage buildings and boat docks for the exclusive use of the occupants or owners of units within the project and their guests. c) Special Uses: (1) Community Center Complex in Tracts 'A' and 'E' including: (a) Chapel/Townhall (b) Administration Building (c) First Aid (d) Security (e) Communications (f) Rest Rooms (g) Post Office (2) Auxiliary Parking: (a) Parking Garage in Tract 'E' (b) Parking Lot in Tract 'A' (c) Parking Lots required to satisfy Monroe County Code 19-124(a) (3) Public Easements and Private Utility Installations (4) A Management-Operated Rental Pool: (a) Certain rental units will be incorporated into the Pool at the option of the purchaser at the time of sale. d) Uses Prohibited: (1) All other uses e) Lot and Building Requirements: (1) All buildings shall be designed and constructed in such a form as to continue the general archi- tectural theme. (2) Minimum living area 750 square feet. Page 3 (3) Tract boundaries shall not .be changed to lessen the amount of recorded land area in each tract. (4) Building Setbacks from Roads and Property Lines: (a) Abutting County Road 905 (from right-of- way line) - 100 feet (b) Private PUD Access Roads (from edge of right-of-way) - 20 feet (c) Abutting property lines adjacent to the PUD district - 30 feet (5) Height and Architectural Requirements: (a) Building height shall not exceed four stories and maximum finished ceiling level shall not exceed 44 feet above average ground level. (i) A verage ground level is defined as 9 feet above sea level. (ii) Garage levels placed below flood elevation and flat uncovered roof decks shall not be considered stories for the purposes of establishing maximum story height. (iii) An additional 12 feet of height sha!l be allowed for roof structure, equipment, ornamental towers, elevator shafts, chimneys, when in keeping with the architectural theme. (iv) See Section (13) for special conditions in Tract 'K'. (b) To express a continuous Mediterranean residential theme, the following architectural criteria shall be adhered to: (i) Not more than eight (S) contiguous units shall be constructed with an unbroken facade or roof line. (ii) Not more than sixty (60) units shali be constructed in any single continuous building. (6) Maximum percentage of building coverage per tract shall not exceed that shown on the recorded plan by more than 10 percent and shall not alter total open space by more than 5 percent. The total building coverage in any tract shall not exceed 25 percent. Page 4 (7) Density -- The number of units per tract shall not increase from that shown in the tract as recorded. (S) Setback from Water and Wetlands: (a) From natural waterways mangrove -- 50 feet and wetland (b) From manmade waterways directly connected to outstanding waters -- 20 feet (c) From interior manmade lakes (contained on the site): (i) 75% of all residential units shall maintain a minimum 20-foot setback. (9) Preservation Zones: (a) No structure shall be constructed in a preservation zone. (b) No reduction in dedicated hammock or mangrove areas shall be allowed. (c) No change in preservation zone boundaries will be made without pres~rving an area equivalent in quality and contiguous with areas being reserved for such use. Final areas of hammock will be legally described upon completion of construction in each tract. (10) Roads and Parking: (a) County requirements for off-street parking shall be provided according to Monroe County Code Sections 19-124, 19-125 and 19-126. (b) Emergency vehicle access with fourteen (14) foot minimum clearance shall be provided to all areas on the site. (c) Roads and according to details of Department. bridges shall be constructed standard specifications and the Monroe County Road (11) Upland Lakes: (a) Lake area per tract and for the entire site shall not change by more than 2.5 percent from the recorded plat and plan. Total lake areas in residential districts shall not exceed 34 acres. Page 5 '. ' (b) Lake boundaries shall not be altered by more than 20 feet from the recorded described line. No lake boundary change shall infringe upon any preservation zone. (12) Signage: (a) All onsite signage shall be compatible with the Mediterranean theme of the zoning district and Monroe County Code Section XII. (13) Special Development Criteria: (a) Tract 'K' Height Limitations: (i) Building height shall not exceed four stories and maximum finished ceiling height shall not exceed 48 feet above the highest point of natural ground within the limits of the project. (ii) Highest point of natural ground is defined as 13 feet above sea level. (iii) Garage levels placed below flood elevation and flat uncovered roof decks shall not be considered- stories for the purposes of establishing story heights. (iv) An additional 12 feet of height shall be allowed for roof structure, equipment, ornamental towers, elevator shafts, chimneys, when in keeping with the architectural theme. (b) The existing filled access road bordering wetlands in Tracts 'Q' and'S' shall be used as part of the perimeter road system to avoid removing additional hammock, although located within the County Shoreline Protection Zone. (c) As part of the architectural theme, Building 42 located in Tract 'G' will bridge the access road as shown in the Master Site Plan. A 14 foot roadway clearance shall be maintained. Page 6 C. Hotel! Commercial District: This district is intended to be used for retail, resort, residential, marina and tourist oriented facilities. Such facilities shall be constructed to further exemplify the Coastal Mediterranean theme and to establish a scale and environment that simulates such European districts. This district shall apply to Tracts 'P', 'D' and '0'. 1. Principal Uses Permitted: a) Hotels, Conference Facilities, Spa b) Marinas c) Parking Lots and Structures d) Retail Shops e) Clubs f) Professional and Business Services g) Banks h) Restaurants i) Child Care Centers j) Multi-Family Residential (Tract 'pI only) k) Wine Shops 1) Dive Shops m) Charter Fishing, Diving n) Boat Rentals 0) Cocktail Lounges p) Swimming Pools q) Tennis Courts r) Storage and Service Buildings s) Boat Fueling t) Bait Supply u) Recreational Facilities v) Boat Lifts and Ramps w) Uses similar to and compatible with the above 2. Special Uses -- Public Easements and Private Utility Installations 3. Uses Prohibited: a) All other uses 4. Lot and Building Requirements: a) All buildings shall be designed and constructed in such a form as to continue the general architectural theme. b) Minimum unit size: (1) Minimum residential unit living area 750 square feet (2) Minimum hotel unit area 250 square feet c) Tract boundaries shall not be changed to lessen the amount of recorded land area in any tract. Page 7 d) Building setbacks from roads and property lines: (1) Abutting County Road 905 (from right-of-way line) -- 100 feet (2) Private PUD access roads (from edge of right- of-way) -- 20 feet (3) Abutting property lines adjacent to the PUD district -- 50 feet e) Height Limitations: (1) Building height shall not exceed four stories and maximum finished ceiling height shall not exceed 48 feet above the highest point of natural ground within the limits of the project. (a) The highest point of natural ground is defined as 13 feet above sea level. (b) Garage levels placed below flood elevation and flat uncovered roof decks shall not be considered stories for the purposes of establishing story heights. (c) An additional 12 feet of height shall be allowed for roof structure, equipment, ornamental towers, elevator shafts, chimneys, when in keeping with the architectural theme. f) Maximum percentage of building coverage per tract shall not exceed that shown on the recorded plan by more than 10 percent of building area per tract and shall not alter total open space by more than 5 percent per tract. Total building coverage in any tract shall not exceed 25 percent. g) Density -- The number of residential or hotel units and commercial square footage per tract shall not increase from that shown in the recorded plan. h) Setback from Water and Wetlands: (1) From natural waterways and wetland mangrove 50 feet (2) From manmade waterways directly connected to outstanding waters -- 20 feet (3) From interior manmade lakes (contained on the site) : (a) 75 percent of residential and hotel units shall maintain a minimum 20-foot setback. Page 8 (b) All commercial structures shall maintain a minimum 20-foot setback. i) Preservation Zones: (1) No structure shall be constructed in a dedicated preservation zone. (2) No reduction in dedicated hammock or mangrove areas shall be allowed. (3) No change in preservation zone boundaries will be made without preserving an area equivalent in quality and contiguous with areas being reserved for such use. Final areas of hammock will be legally described upon completion of construction in each tract. j) Roads and Parking: (1) County requirements for off-street parking shall be provided according to Monroe County Code Sections 19-124, 19-125, 19-126, 19-137(c)(2). (a) Required off-street parking according to Monroe County Code 19-124 and 19-125 located further than 300 feet from the related buildings to be served shall be allowed when facilitating the pedestrian nature of commercial areas. (2) Emergency vehicle access with fourteen (14) foot minimum clearance shall be provided to all areas of the site. (3) Roads and bridges shall be constructed according to standard specifications and details of the Monroe County Road Department. k) Upland Lakes: (1) The recorded upland lake area per tract shall not change by more than 2 .5 percent from the recorded plat and plan. Total lake area in all hotel! commercial districts shall not exceed 2.7 acres. (2) Internal lake boundaries shall not be altered by more than 20 feet from that described in the recorded lake survey. No lake boundary change shall infringe on any preservation zone. 1) Signage: (1) All onsite signage shall be compatible with the Mediterranean theme of the zoning district and Monroe County Code Section XII. Page 9 m) Special Development Criteria: (1) Tract '0' Development Options and Requirements: (a) Development in Tract '0' shall be restricted to 14,000 square feet of commercial use, 1,000 square feet of public sanitary facilities, a 12,000 square foot fine arts center/ gallery, 180 boat slips, a library, and parking in conformance with Monroe County Code, as applicable. (b) Final location of roads, buildings, hammock preserves as recorded In adopted master plan and plat may vary those shown; however, the Developer maintain the following: and the from shall (i) Minimum set aside for perpetual preservation of highest quality, contiguous hammock of 2.4 acres. (ii) Such acreage shall be subject to the Preservation Zone restrictions of Section 4 i) above. (2) Tract 'pI Development Options and Requirements: (a) Development shall allow for the optional construction of a 300-unit hotel, 300 residential units, or a combination of both, which shall not exceed a total of 300 units. (b) Additional development in Tract 'pI shall be restricted to 20,000 square feet of commercial use, a boat lift, two tennis courts, 10,000 square feet of recreational use, and parking in conformance with Monroe County Code. as applicable. (c) Final location of roads, buildings, hammock preserves and lakes as recorded in the adopted master plan and plat may vary significan tly from those shown; however, the Developer shall maintain the following: (i) Minimum set aside of highest quality, contiguous upland hammock for perpetual preservation 5.1 acres (ii) Such areage shall be subject to the Preservation Zone restrictions of Section 4 i) above. (iii) Maximum building area coverage 3.15 acres Page 10 (iv) Maximum lake area allowed 2.2 acres (d) The existing filled access road bordering wetlands in Tract 'pI will be used as part of the perimeter road system to avoid removing additional upland hammock, although partially located in a County Shoreline Protection Zone. Page 11 D. Commercial/Warehouse District: This district is intended to be used for retail, warehousing, storage and service functions relating to the PUD project. Final location of roads, buildings, and hammock preserves as recorded in the adopted master plan and plat may vary significantly from those shown; however, all development in Tract 'N' will be subject to the following restrictions: 1. Principal Uses Permitted: a) Warehouses b) Boat Storage c) Laundries, Dry Cleaning, Linen Supply d) Helicopter Landing e) Plant Nurseries f) Recreation g) Equipment Storage h) Repair Shops i) Frozen Food Lockers j) Bakery k) Parking Lots 1) Boat and Accessory Sales m) Fish Houses n) Auto Service Station 0) Uses similar to and compatible with the above 2. Special Uses -- Public and Private Utility Easements 3. Uses Prohibited: a) All other uses 4. Lot and Building Requirements: a) All public buildings shall be designed and constructed in such a form as to continue the general architectural theme. Those buildings used solely for support and service functions and not open to the public, may be constructed in any style if screened with a minimum 75 percent opaque buffer from public areas. b) Tract boundaries shall not be changed to lessen the amount of recorded land area in each tract. c) Building setbacks from roads and property lines: (1) Abutting County Road 905 (from right-of-way line) -- 100 feet (2) Private PUD access roads (from edge of right- of-way) -- 20 feet (3) Abutting property lines adjacent to the PUD district -- 50 feet Page 12 d) Height Limitations: (1) Building height shall not exceed 34 feet above Federal Flood Level Criteria Regulations. e) Building coverage shall not exceed 25 percent of tract area. f) Square footage of commercial buildings shall not increase from that shown on the recorded Plan. g) Setback from water and wetlands: (1) From natural waterways and wetland mangrove 50 feet (2) From manmade waterways -- 20 feet h) Preservation Zones: (1) A minimum set aside for perpetual preservation of highest quality, contiguous hammock of 2.4 acres will be maintained. (2) No structure shall be constructed in a preservation zone. (3) No reduction in dedicated hammo.ck or mangrove areas shall be allowed. (4) No change in preservation zone boundaries will be made without preserving an area equivalent in quality and contiguous with areas being reserved for such use. Final areas of hammock will be legally described upon completion of construction in Tract 'N'. i) Roads and Parking: (1) County requirements for off-street parking shall be provided according to Monroe County Code Sections 19-124, 19-125, and 19-126. (2) Emergency vehicle access with fourteen (14) foot minimum clearance shall be provided to all areas of the site. (3) Roads and bridges shall be constructed according to standard specifications and details of the Monroe County Road Department. j) Signage: (1) All onsite signage shall be compatible with the Mediterranean theme of the zoning district and Monroe County Code Section XII. Page 13 ! . EXHIBIT 'D' DEVELOPMENT DOCUMENTS The following documents, including those that must be revised pursuant to Condition #45, are incorporated herein by reference and relied upon by the parties in discharging their statutory duties under Chapter 380, Florida Statutes. Substantial compliance with the representations contained in these documents is a condition for approval unless waived or modified by agreement among the parties: 1. Master Site Plan and Engineering Plans dated September 20, 1982, prepared by Garant Engineering, Inc. and labeled Exhibit B-27, Sheets 3 of 13, 10 of 13, and 11 of 13. 2. Plat Documents dated September 20, 1982 prepared by Post, Buckley, Schuh &; Jernigan, Inc., and labeled Exhibit 27, Sheets 1 of 13, 2 of 13, 4 of 13, 5 of 13, 6 of 13, 7 of 13, 8 of 13 and 9 of 13. 3. Legal Descriptions of: a) Port Bougainville attached as Exhibit 'A'. b) Garden Cove attached as Exhibit 'B'. c) Dedicated Hammock Preserves to be prepared. d) Dedicated Mangrove Preserves to be prepared. 4. Port Bougainville District Regulations attached herein as Exhibit 'C' . 5. Hammock Preserve Studies prepared by Argonaut Associates, Inc., dated August 1982, and labeled "1980 Preserved Hammock Overlay" (Exhibit B-5); "1981 Preserved Hammock Overlay" (Exhibit B-6); and "Amended 1981 Hammock Overlay" (Exhibit B-7). 6. Aerial photographs of Port Bougainville including: a) Cleared areas through January 1982 prepared by Post, Buckley, Schuh &; Jernigan. b) Photos dated May 1982 by Smith Aerial labeled as Exhibits B-11A and B-11B. c) Photos dated September 13, 1982 by Argonaut Associates, Inc. labeled as Exhibit A-53. 7. Topographical maps prepared by Michael Avirom, Registered Surveyor, dated September 17, 1982, and labeled Exhibits B-25 and B-26. 8. Condominium and Property Association documents prepared by Argonaut Associates, Inc., dated September 20, 1982, and labeled Exhibit A-50. Page 1 .., e~ ... 9. Drainage Master Plan prepared by H. J. Ross Associates and Garant Engineering, Inc., dated September 20, 1982, and labeled as Exhibit B-27, Sheet 12 of 13. 10. Response to Information Request Of: South Florida Regional Planning Council Department of Community Affairs and Monroe County Building, Planning &; Zoning Dept. Prepared for Port Bougainville (A Florida Land Trust) By: Garant Engineering, Inc. 100 Sunrise Drive, No. 35, Key Biscayne, Florida 33149 Rio Palenque Research Corporation 4212 Laguna, Coral Gables, Florida 33146 H. J. Ross Associates 2660 Brickell Avenue, Miami, Florida 33129 Dames &; Moore 350 West Camino Gardens Blvd., Plaza 6/Suite 201, Boca Raton, Florida 33432 Post, Buckley. Schuh &; Jernigan, Inc. 10 Palms Plaza, Homestead Florida 33020 Argonaut Associates, Inc. / dated September 14, 1982. 11. Aeration Filtration Plans as shown on the drawing entitled "Excavation Plan/Aeration FiltE.lr Location", prepared by Ge.rant Engineering, Inc., dated September 30, 1982, and labeled Exhibit B-33. 12. Substantial Deviation Analysis for the Port Bouainvillc/ Garden Cove Development of Regional Impact, prepared by the South Florida Regional Planning Council, and dated October 1982. 13. Master plan amendment required by Condition #7 upon County and Council verification of changes. Page ~