City of Marathon Planning Commission Monday December 18, Overseas Hwy City Hall Council Chambers 5:30 PM

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1 1. Call To Order 2. Pledge Of Allegiance 3. Roll Call 4. Minutes 5. Quasi-Judicial Statement 6. Items For Public Hearing 7. Adjournment City of Marathon Planning Commission Monday December 18, Overseas Hwy City Hall Council Chambers 5:30 PM 5. Quasi-Judicial Statement Please be advised that the items on the agenda are quasi-judicial in nature. If you wish to give testimony on any item please inform the Boards clerk by filling out an available sign up form. An opportunity to speak will be made available after the applicant and staff have made their presentations on each item. All testimony, including public testimony and evidence, will be made under oath or affirmation. Additionally, all persons giving testimony may be subject to cross examination. If you refuse either to be cross examined or to be sworn your testimony will not be considered. The general public will not be allowed to cross examine witnesses, but they can ask the Commission to ask questions on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. 6. Items For Public Hearing Item 1: Consideration Of The Request By Commercial Fish, Inc. For A Conditional Use Permit, Pursuant To Chapter 102, Article 13 Of The City Of Marathon Land Development Regulations (Code) Entitled Conditional Use Permits, Authorizing The Construction Of A Boat Ramp On A Developed Commercial Parcel, Subject To Conditions Imposed, For Property Located At 60 Coco Plum Drive, Marathon, Florida; Which Is Legally Described As Section 4, Township 66S, Range 33E, Fat Deer Key, Monroe County, Florida, Having Real Estate Number Item 2: Consideration Of The Request By SWS Keys Properties, LLC, For A Conditional Use Permit, Pursuant To Chapter 102, Article 13 Of The City Of Marathon Land Development Regulations (Code) Entitled Conditional Use Permits, Authorizing The Construction Of A Boat Ramp On A Developed Residential Parcel, Subject To Conditions Imposed, For Property 1 of 152

2 Described as Section 15, Township 66S, Range 32E, Boot Key, Lot 25, Sombrero Isle Subdivision, Monroe County, Florida, Having Real Estate Number Item 3: Consideration Of An Amendment To An Existing Development Agreement Documented And Recorded In City Of Marathon Resolution For Keys RV Mobile Home Condominium Association, Inc., Pursuant To Chapter 102, Article 8 Of The City Of Marathon Land Development Regulations (LDRs) Entitled Development Agreement; In Order To Amend Section IV., 7 Concerning The Disposition And Replacement Of Permanent RVs; For Property Which Is Legally Described As Keys RV/Mobile Home Condominium; Located At 6099 Overseas Highway, Having Real Estate Number Nearest Mile Marker of 152

3 City of Marathon Planning Commission Monday November 20, Overseas Hwy City Hall Council Chambers MINUTES Chairman Jeff Smith called the meeting of the Planning Commission to order on Monday November 20, 2017 at City Hall Council Chambers, 9805 Overseas Hwy. at 5:30 pm. In attendance: Senior Planner Brian Shea, Attorney Dale Coburn, Admin Assistant Lorie Mullins and members of the public. The Pledge of Allegiance was recited. The roll was called. Randy Lewis-present; Lynn Landry-present; Pam Dobson-present; Patrick Stevensabsent, Jeff Smith-present. There was a quorum and the meeting started. Chairman Jeff Smith asked for a correction to the last meeting minutes, page 2, paragraph 4, relating to the discussion on creating a new market place which was referring to only the developer receiving credit for the transfer. Lynn Landry made a motion to approve the minutes as corrected. Pam Dobson seconded the motion. The minutes were approved 4-0. Read into the record: Please be advised that item 1 on the agenda is quasi-judicial in nature. If you wish to give testimony on any item please inform the Boards clerk by filling out an available sign up form. An opportunity to speak will be made available after the applicant and staff have made their presentations on each item. All testimony, including public testimony and evidence, will be made under oath or affirmation. Additionally, all persons giving testimony may be subject to cross examination. If you refuse either to be cross examined or to be sworn your testimony will not be considered. The general public will not be allowed to cross examine witnesses, but they can ask the Commission to ask questions on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Chairman Jeff Smith asked if anyone had ex-parte communications on the items on the agenda. Everyone answered no. Item 1 was read into the record: Consideration Of A Request By George Garrett For A Re-Plat Pursuant To Chapter 102, Article 10 Of The City Of Marathon Land Development Regulations (LDRs) Entitled Subdivision Of Land/Plats And Re-Plats, Particularly, For A Portion Of A Subdivision Known As Coco Plum Beach, Which Is Described As Being A Re-plat Of A Portion Of Lot 12, Block 11, Coco Plum Beach Subdivision, Fat Deer Key, Monroe County, Florida, Having Real Estate Number At Approximately Mile Marker 53. -and- Page 1 of 3 3 of 152

4 Item 2 was read into the record: Consideration Of A Request By George Garrett For A Conditional Use Permit Pursuant To Chapter 102, Article 13 Of The City Of Marathon Land Development Regulations (LDRs) Entitled Conditional Use Permits, Seeking The Authorization For A Re-Plat Pursuant To Chapter 102, Article 10 Of The City Of Marathon Land Development Regulations (Code) Entitled Subdivision Of Land/Plats And Re-Plats, Particularly, For A Portion Of A Subdivision Known As Coco Plum Beach, Which Is Described As Being A Re-plat Of A Portion Of Lot 12, Block 11, Coco Plum Beach Subdivision, Fat Deer Key, Monroe County, Florida, Having Real Estate Number At Approximately Mile Marker 53. The agent for the applicant, Steve Hurley, presented the item with the help of visual aids. Brian Shea presented the item with the help of visual aids. The new Escrow sewer assessments prior to final approval. RECOMMENDATION: Approval with conditions. Chairman Jeff Smith opened the meeting to public speakers: 1. Stanley Jobe spoke in favor of the item. 2. Kevin Carte representing Royal Plum Condominiums spoke as a concerned citizen not against the subdivision. Mr. Carte listed concerns of the neighborhood: a. That each lot would be specifically for single family dwellings b. That the community character would be upheld c. That the Garrett s would reconsider the re-plat and go with 4 instead of 5 lots or that the complete project can be reviewed with the Garrett s so that the neighborhood can fully understand Randy Lewis made a motion to approve the re-plat. Lynn Landry seconded. The roll was called and the motion was approved 4-0. Brian Shea presented the Conditional Use item and went over the additional conditions. RECOMMENDATION: Approval with conditions. Randy Lewis asked if each lot would be restricted to the same conditions. Brian Shea stated that they would. Randy Lewis made a motion to approve the item. Pam Dobson seconded. The roll was called. The motion was approved 4-0. Chairman Jeff Smith adjourned the meeting at 6:00 p.m. Page 2 of 3 4 of 152

5 ATTEST: Jeff Smith Planning Commission Chairman ATTEST: Lorie Mullins-Admin Assistant City of Marathon Planning Department Pursuant to Section , Florida Statutes, if a person decides to appeal any decision made by the Planning Commission with respect to any matter considered at such hearing or meeting, one will need a record of the proceedings and for such purpose that person may need to ensure that a verbatim record of the proceedings is made; such record includes the testimony and evidence upon which the appeal is to be based. ADA Assistance: Anyone needing special assistance at the Planning Commission Meeting due to disability should contact the City of Marathon at (305-) at least two days prior thereto. (Please note that one or more Marathon City Council members may participate in the meeting.) Page 3 of 3 5 of 152

6 PLANNING COMMISSION AGENDA STATEMENT Meeting Date: December 18, 2017 From: George Garrett, Planning Director Agenda Item: Consideration Of A Request By Commercial Fish, Inc. For A Conditional Use Permit, Pursuant To Chapter 102, Article 13 Of The City of Marathon Land Development Regulations (LDRs) Entitled Conditional Use Permits, Seeking Authorization For The Construction Of A Boat Ramp At The Property Located At 60 Coco Plum, Nearest Mile Marker 54, Which Is Legally Described As Bk 3, LT 2, Coco Plum Beach, Fat Deer Key, Section 5, Township 66, Range 33, Monroe County, Florida, Having Real Estate Number APPLICANT/ OWNER: AGENT: LOCATION: Commercial Fish, Inc. Sherwood Judson, Coastal Docks, LLC The project is located at 60 Coco Plum Drive at approximately mile marker 54. Figure 1 Project Site REQUEST: A Conditional Use Approval for the construction of a boat ramp on subject property. The portion of the project which requires conditional use review is the boat ramp. PCAS Commercial Fish, Inc 12/18/ of 152

7 FUTUTRE LAND USE MAP DESIGNATION: Mixed Use Commercial (MU-C). See Figure 2. Figure 2 Future Land Use Map PCAS Commercial Fish, Inc 12/18/ of 152

8 ZONING MAP DESIGNATION: Mixed Use-Maritime (MU-M). See Figure 3. Figure 3 Zoning Map LOT SIZE: Total acreage 0.13 acres or 6,000 square feet. SURROUNDING ZONING AND USES: Zoning Use North Mixed Use-Maritime, Mixed Use, Residential High, Public, and Industrial Marine Driftwood Estates, Coco Plum Beach Subdivision, Waste Water Plant 6 East Bonefish Bay Residential High Bonefish Bay, Coco Plum Beach Subdivision South Mixed Use-Maritime, Mixed Use Residential High Coco Plum Beach Subdivision, Limegrove Estates, Pescayo Village West Mixed Use-Maritime, Mixed Use, Bay Coco Plum Beach Subdivision, Limegrove Estates, Bonefish Bay PCAS Commercial Fish, Inc 12/18/ of 152

9 EXISTING CONDITIONS: The project site consists of the construction of boat ramp. PROPOSED REDEVELOPMENT: Boat ramp on Mixed Use-Maritime zone. See Figure 4 for Site Plan layout. Figure 4 Proposed Redevelopment Site Plan BACKGROUND: PCAS Commercial Fish, Inc 12/18/ of 152 4

10 The proposed project is construction of a boat ramp in Mixed Use-Maritime zoning classification. Boat ramps are not allowed on Mixed Use zoned properties. Pursuant Article 13, Section , the Director determines the proposed use is substantially similar to permitted or conditional use in this particular zoning district. Therefore, a consent from Planning Director and Conditional Use Approval are required for project approval. This report addresses the Conditional Use application only. All conditions of the Conditional Use approval will have to be met before any building permit will be approved. EVALUATION FOR COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: The criteria for evaluating a Conditional Use Approval are outlined in Chapter 102, Article 13, Conditional Use Permits, in the City of Marathon Land Development Regulations. CRITERIA A. The proposed use is consistent with the Comprehensive Plan and LDRs; The proposed development project is located within the Mixed Use-Maritime (MU-M) Zoning District. Per Chapter 103, Article 2, Section of the Land Development Regulations, the district is designed to establish areas suitable for uses which are essential to the commercial maritime industry, including sales and service of fishing equipment and supplies, seafood processing, fishing equipment manufacture and treatment, boat storage, restaurants, retail and affordable housing residential uses. The MU district is designated within the Mixed-use Commercial (MUC) future land use category on the Future Land Use Map (FLUM). The proposed project consists of the construction of a boat ramp within the Mixed Use- Maritime Zoning District. Section determines whether specific uses are allowed as of right, limited, accessory or conditional uses, through Table That table shows that a boat ramp is not an allowed use, however pursuant to Article 13, Section , the Planning Director determines the proposed use is substantially similar to permitted or conditional use in this particular zoning district and may apply for a Conditional Use. The Conditional Use Permit review is intended to allow a broader view of the potential impacts of a project on adjacent uses and on City concurrency related resources such as road capacity, solid waste, sewer, and potable water availability. Therefore, it is staff s opinion that the request is in compliance with the requirements of these sections so long as the applicant obtains a Development Agreement and approval of Conditional Use. B. The proposed use is compatible with the existing land use pattern and future uses designated by the Comprehensive Plan; PCAS Commercial Fish, Inc 12/18/ of 152

11 The proposed project is located within the Mixed Use Commercial Future Land Use District. Policy of the City of Marathon Comprehensive Plan states that the principal purpose of the Mixed Use Commercial future land use category is to provide for the establishment of mixed use development patterns and to recognize established mixed use development patterns within the City. This land used category is intended to provide for the commercial zoning districts where various types of commercial, retail and office uses may be permitted at intensities which are consistent with the community character and the natural environment and to provide for various types of residential uses, including employee housing and commercial apartments. Whenever and wherever possible, the maintenance and enhancements of commercial fishing and related traditional uses such as retail, storage and repair and maintenance which support the commercial fishing industry shall be encouraged within this land use category. The existing land use pattern in the project vicinity consists of mixed uses, residential, public and industrial marine to the north; mixed uses to the south; residential uses to the east; and mixed uses to the west. Otherwise, the development of a boat ramp on the property site will result in significant improvement to the site development quality, including upgraded landscaping, stormwater management, and architecture. Existing marine uses along the shoreline will be maintained. These improvements are expected to have a positive benefit on the surrounding uses and the City of Marathon. Therefore, it is staff s opinion that the request is in compliance with the requirements of these sections. Top of ramp/drain to intercept stormwater Small swale needed to collect stormwater runoff C. The proposed use shall not adversely affect the health, safety, and welfare of the public; The proposed conditional use does not adversely affect the health, and welfare of the public. The impacts on surrounding properties as a result of the proposed development should be positive. Plans submitted with the project are suitable for the Conditional Use Approval as they relate to Chapter 107, Article 12, 100 Year Floodplain. Final review of floodplain compliance will occur as part of building permit issuance. Therefore, it is staff s opinion that the request is in compliance with the requirements of these sections, so long as the applicant complies with stormwater requirements. D. The proposed conditional use minimizes environmental impacts, including but not limited to water, air, stormwater management, wildlife, vegetation, wetlands, and the natural functioning of the environment; The existing conditions maps indicate the subject area is designated as Developed Land. A small portion of the property is recognized as having Buttonwood and Mangroves. See Figure 5. PCAS Commercial Fish, Inc 12/18/ of 152

12 In addition, though found within a Species Focus Area as defined in the settlement for FEMA- FWS lawsuit, developed land falls out of the consideration in the species assessment guides thus having no impact on the species concern, the Eastern Indigo Snake. Figure 5 Focus Area Habitat Further improvements to water quality are expected to arise from stormwater improvements to the site, which should provide up-to-date treatment and eliminate any existing discharges to surface waters. The applicant has submitted preliminary stormwater plans suitable for the Conditional Use Application, and final plans are required prior to building permit issuance. Site landscaping will be selected from Table , Appendix A, Article 8, Section 107 of the City of Marathon Code of Ordinances. The native vegetation will improve the environmental quality of the site and reduce irrigation needs. Therefore, it is staff s opinion that the request is in compliance with the requirements of these sections so long as the development is conditioned on the approval from Army Corp of Engineers PCAS Commercial Fish, Inc 12/18/ of 152

13 and Department of Environmental Protection, plans subject to approval of the City Biologist and final stormwater plans subject to City approval. If the redevelopment is found to have any effect on the Eastern Indigo Snake Habitat, then the prescribed protection measures must be undertaken, and the information poster posted on site. Native vegetation shall remain intact, except for the area required for the boat ramp. E. Satisfactory provisions and arrangements have been made concerning the following matters, where applicable: 1. Ingress and egress to the property and proposed structures thereon with particular reference to automotive, bicycle, and pedestrian safety and convenience, traffic flow and control and access in cases of fire or catastrophe; Ingress and egress to the property is being provided through existing driveway on Coco Plum Drive. Section requires site triangles where the access drive intersects with the street. Clear site triangles must be shown on the site plan at time of building permit issuance. Therefore, with conditions, the request is in compliance with the requirements of these sections. 2. Off-street parking and loading areas where required, with particular attention to item 1 above; Parking requirements are outlined in Section (Parking Schedule). The following table shows the parking requirement for the residential uses on the parcel: Use Single and Two-Family, attached and detached Code Requirement Spaces Required Citation per dwelling unit 2 Total Required 2 2 Total Provided 2 2 Therefore, it is staff s opinion that the request is in compliance with the requirements of these sections. 3. The noise, glare or odor effects of the conditional use on surrounding properties; The proposed project consists of development of a boat ramp on residential zone. No detrimental noise, glare or odors are expected to be generated by any of the uses. Therefore, it is staff s opinion that the request is in compliance with the requirements of this PCAS Commercial Fish, Inc 12/18/ of 152

14 section. 4. Refuse and service areas, with particular reference to locations, screening and Items 1 and 2 above; Section requires that all dumpsters and recycling bins be fully enclosed and screened. The site plan indicates that the dumpster is (hidden) screened. Therefore, it is staff s opinion that the request is in compliance with the requirements of this section. 5. Utilities, with reference to location and availability; Chapter 107, Article 13, establishes the City s Concurrency Management and certification requirements. This Conditional Use constitutes the City s Concurrency Level of Service Certificate, as follows: Wastewater: The applicant must coordinate with wastewater Utilities department for connection requirements. This project will constitute a major expansion, resulting in a de minimus impact. Water: The Florida Keys Aqueduct Authority will provide potable water for the facility. Solid Waste: Marathon Garbage Service will provide solid waste disposal. Surface Water: The applicant has provided stormwater design information suitable for the Conditional Use application review which demonstrates compliance with City standards. However, a final stormwater plan will be required for building permit issuance. Recreation and Open Space: This development will have a de minimus impact on recreation and open space. Roadways: The applicant is developing the site with a higher intensity than was contained within the undeveloped vacant land; therefore, a traffic study was completed to analyze the impact on transportation facilities. Educational Facilities: This redevelopment will have a de minimus impact on educational facilities since existing uses are replaced in kind. Therefore, with conditions, the request is in compliance with the requirements of these sections. City approval is required for the stormwater management system prior to Building Permit Approval. Detail grading plan depicting existing and proposed elevations. All runoff is required to be diverted to the stormwater system with no off-site discharge The Conditional Use Development Order will constitute the Certificate of Concurrency for the project. The determination will be valid for one year. 6. Screening and buffering with reference to type, dimensions and character; PCAS Commercial Fish, Inc 12/18/ of 152

15 Table establishes project boundary buffer standards applicable to the project. The project is zoned MU-M. The property is bordered by parcels of similar zone as MU-M and therefore neither requires buffers. Section A. requires that parcels with a MU-M zoning designation provide a Type 1 Streetscape Treatment. The intent is to provide an environment which mitigates the impacts of automobile-oriented areas in order to make them more livable. This includes reduction of visual clutter, including signage and location of auto parking areas, and the provision of landscaping to enhance and soften the environment through the provision of screening, shade, and buffers. The landscape treatment area shall be planted within a ten-foot wide buffer predominantly with shrubs and native canopy trees of at least two (2) inches caliper at breast height, approximately 50 feet on center. A minimum of four (4) understory trees per 240 feet of frontage, or fraction thereof, shall be planted in and about access points. In addition smaller accent trees shall be planted every 120 feet and staggered midway between the large canopy trees. Canopy and understory trees shall be placed so as to provide at least 50 percent canopy coverage of sidewalks along US1, except where prohibited by overhead utility restrictions or as required to preserve the water view when traveling along the highway. Plantings within utility easements shall be consistent with any such easement agreement dictating type and height of such plantings at maturity. Plantings of shrubs and small trees may be located within the utility easement upon agreement and approval of FKAA and FKEC only. When the utility easement is narrow, the plantings shall be placed on the road side of the easement. In such instances the planting area shall be a minimum width of five (5) feet between the back of the curb and the sidewalk, in accordance with the Florida Department of Transportation's Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways, latest edition, incorporated in Rule , F.A.C. Parking spaces shall not be placed on the front of parking lots abutting US1. All parking not located to the rear of buildings shall be screened from the right-of-way by a landscaped buffer along US1, including a continuous hedge or combination hedge and earth berm providing a three-foot high visual screen within two (2) years of planting. Parcels which propose drive-thru windows shall be sited so as to locate such windows to the side or rear of buildings and that the drive isles for those windows be predominantly to the side and rear also. Table outlines setback requirements in the MU-M district as follow: front yard 20 ; side yard 10; and rear 20. For a principal structure on a manmade canal on a lawfully altered shoreline, the setback is 20 ; accessory structures, including pools, have a 10 setback from Mean High Water Line. The site plan meets the navigational and structural requirements for a boat ramp. Therefore, it is staff s opinion that the request is in compliance with the requirements of these sections. PCAS Commercial Fish, Inc 12/18/ of 152

16 7. Signs, if any, and proposed exterior lighting with reference to glare, traffic safety and compatibility with surrounding uses; Applicant does not propose signage or exterior lighting on property. Article establishes criteria for lighting, including light pole light limitations and other technical criteria. Exterior lighting plan appears to be consistent with the requirements, and which is appropriate for the proposed project. Final lighting plans will be submitted along with final landscaping plans, and will include verification from the landscape architect that all provisions of the article are met. Therefore, it is staff s opinion that the request is in compliance with the requirements of these sections. 8. Required yards and other open space; Section established required open space for the project. The site is scarified; therefore, a twenty percent open space requirement applies. According to calculations provided by the applicant, 2,081 square feet of pervious area (including landscape area), or 65% of the site, is provided as open space. This exceeds the open space requirement. Therefore, it is staff s opinion that the request is in compliance with the requirements of these sections. 9. General compatibility with surrounding properties; and The project of construction of a boat ramp is similar to the boat ramp to other neighboring residential boat ramps. Adjacent uses include residential neighborhoods, and adjacent waterway. Construction of dock and boat ramp, which maintains waterfront docks is expected to be fully compatible with these uses. The proposed project represents improvement to the current state of prior development, and is expected to increase compatibility with surrounding properties. Section restricts the width of boat ramps, including side slopes to 35. The site plans shows the boat ramp is below 35 wide. Therefore, it is staff s opinion that the request is in compliance with the requirements of these sections. Boat ramp shall be limited to the use of property owners. Boat ramp shall not to be used a public ramp. 10. Any special requirements set forth in the LDRs for the particular use involved. Section Boat Ramps contains special requirements. The following criteria are applicable to this project: All boat ramps shall be located and designed so as not to create setback nonconformity for PCAS Commercial Fish, Inc 12/18/ of 152

17 existing structures from the new MHW line created by the boat ramp and all new structures permitted subsequent to boat ramp approval must meet the new setback from MHW. All boat ramps shall be confined to shorelines of man-made canals, channels, and basins with little or no native vegetation and shall be located in the least vegetated area of the shoreline. The width of boat ramps, including side slopes, shall be limited to 35 feet. Boat ramps shall be designed such that all excavation necessary to build the ramp takes place at or landward of the MHW line that exists on the property prior to installation of the ramp. A maximum of two accessory docks meeting all docking facility requirements may be allowed. Boat ramps without accessory docks must meet the water depth and access criteria for a dock within ten (10) feet of the waterward end of the ramp to allow for a bottom slope. Dredging and filling shall be limited to the minimum amount necessary to construct the boat ramp surface, side slopes, walls and mooring or dock pilings. All such projects shall require approval by the Florida Department of Environmental Protection or the South Florida Water Management District and by the U.S. Army Corps of Engineers prior to issuance of a City permit. Additionally, this section, A. 4., contains a requirement for hotel/motel redevelopment to include on- or off- site employee living space as specified below: Therefore, it is staff s opinion that the request is in compliance with the requirements of this section. CONCLUSION: The Conditional Use Approval is intended to allow for the integration of certain land uses and structures within the City of Marathon based on conditions imposed by the Council. Review is based primarily on compatibility of the use with its proposed location and with surrounding land uses. Conditional uses shall not be allowed where the conditional use would create a nuisance, traffic congestion, a threat to the public health, safety or welfare of the community. The proposed development consists of construction of a boat ramp for residential use. As such the development, including the overall upgrading and improvement of the site, furthers the policies for development in the City and is consistent with the Comprehensive Plan and Land Development Regulations. The project is compatible with surrounding uses, and is not expected to create a nuisance, traffic congestion or threat to public, health, safety or welfare. RECOMMENDATION: The Planning staff recommends conditional approval of the boat ramp on Mixed Use-Maritime project known as Commercial Fish, Inc. to the Planning Commission. The proposed conditions of approval are listed below. Conditions of Approval PCAS Commercial Fish, Inc 12/18/ of 152

18 1. Boat ramps shall be located and designed so as not to encroach setbacks. 2. Boat ramps shall be confined to shorelines of man-made canal with little or no native vegetation and shall be located in the least vegetated area of the shoreline. 3. Width of boat ramp, including side slopes, is limited to 35 feet. 4. Boat ramps shall be designed such that all excavation necessary to build the ramp takes place at or landward of the MHW line that exists on the property prior to installation of the ramp. 5. Dredging and filling is limited to the minimum amount necessary to construct the boat ramp surface, side slopes, walls and mooring or dock pilings. 6. If construction of boat ramp is found to have any effect on the Eastern Indigo Snake Habitat, then the prescribed protection measures must be undertaken, and the information poster posted on site. 7. Native vegetation shall remain intact, except for the area required for the boat ramp. 8. Top of ramp/drain to intercept stormwater. 9. Small swale needed to collect stormwater runoff. 10. Detail grading plan depicting existing and proposed elevations. All runoff is required to be diverted to the stormwater system with no off-site discharge. 11. City approval is required for the stormwater management system prior to Building Permit Approval. 12. The Conditional Use Development Order will constitute the Certificate of Concurrency for the project. The determination will be valid for one year. 13. Boat ramp shall be limited to the personal use of property owner. 14. Boat ramp shall not be used as a public ramp. PCAS Commercial Fish, Inc 12/18/ of 152

19 Attachments: Attachment: Proposed Site Plan A PCAS Commercial Fish, Inc 01/19/ of

20 PCAS Commercial Fish, Inc 01/19/ of

21 PCAS Commercial Fish, Inc 01/19/ of 152

22 PLANNING COMMISSION AGENDA STATEMENT Meeting Date: December 18, 2017 From: George Garrett, Planning Director Agenda Item: Consideration Of A Request By SWS Keys Properties, LLC For A Conditional Use Permit, Pursuant To Chapter 102, Article 13 Of The City of Marathon Land Development Regulations (LDRs) Entitled Conditional Use Permits, Seeking Authorization For The Construction Of A Boat Ramp At The Property Located At 95 Calle Ensueno, Nearest Mile Marker 51, Which Is Legally Described As Lot 25, Boot Key, Section 15, Township 66, Range 32, in Sombrero Isle, Monroe County, Florida, Having Real Estate Number APPLICANT/ OWNER: AGENT: LOCATION: SWS Keys Properties, LLC Robert Samara The project is located at 95 Calle Ensueno at approximately mile marker 51. Figure 1 Project Site REQUEST: A Conditional Use Approval for the construction of a boat ramp on subject property to include a new home construction with dock and boat ramp. The portion of the project which requires conditional use review is the boat ramp. PCAS SWS Keys Properties, LLC 12/08/ of 152

23 FUTUTRE LAND USE MAP DESIGNATION: Residential Medium (RM). See Figure 2. Figure 2 Future Land Use Map ZONING MAP DESIGNATION: Residential Medium (RM). See Figure 3. Figure 3 Zoning Map PCAS SWS Keys Properties, LLC 12/08/ of 152

24 LOT SIZE: Total acreage 0.49 acres or 21,600 square feet. SURROUNDING ZONING AND USES: Zoning Use North Residential Medium Public Flamingo Island Estates, Sisters Creek Island East Residential Medium Residential High Ibis Isle, Sombrero Properties, Sombrero Anglers Club South South Residential Medium Waloriss Subdivision West Residential Medium, Conservation Native Area, Public Waloriss Subdivision Boot Key Sisters Creek Island EXISTING CONDITIONS: The project site consists of a new single family residence, construction of dock, and boat ramp. PROPOSED REDEVELOPMENT: Boat ramp on residential zone. See Figure 4 for Site Plan layout. Figure 4 Proposed Redevelopment Site Plan PCAS SWS Keys Properties, LLC 12/08/ of 152

25 BACKGROUND: The proposed project is construction of a boat ramp in Residential Medium zoning classification. Boat ramps are not allowed on residential zoned properties. Pursuant Article 13, Section , the Director determines the proposed use is substantially similar to permitted or conditional use in this particular zoning district. Therefore, a consent from Planning Director and Conditional Use Approval are required for project approval. This report addresses the Conditional Use application only. All conditions of the Conditional Use approval will have to be met before any building permit will be approved. EVALUATION FOR COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: The criteria for evaluating a Conditional Use Approval are outlined in Chapter 102, Article 13, Conditional Use Permits, in the City of Marathon Land Development Regulations. CRITERIA A. The proposed use is consistent with the Comprehensive Plan and LDRs; The proposed development project is located within the Residential Medium (RM) Zoning District. Per Chapter 103, Article 2, Section of the Land Development Regulations, the district is designed to establish areas of low- to medium-density residential uses characterized principally by single-family detached and two-family dwellings, designated within the Residential Medium (RM) future land use category on the Future Land Use Map (FLUM). The proposed project consists of the construction of a boat ramp within the Residential Medium Zoning District. Section determines whether specific uses are allowed as of right, limited, accessory or conditional uses, through Table That table shows that a boat ramp is not an allowed use, however pursuant to Article 13, Section , the Planning Director determines the proposed use is substantially similar to permitted or conditional use in this particular zoning district and may apply for a Conditional Use. The Conditional Use Permit review is intended to allow a broader view of the potential impacts of a project on adjacent uses and on City concurrency related resources such as road capacity, solid waste, sewer, and potable water availability. Therefore, it is staff s opinion that the request is in compliance with the requirements of these sections so long as the applicant obtains a Development Agreement and approval of Conditional Use. B. The proposed use is compatible with the existing land use pattern and future uses designated by the Comprehensive Plan; PCAS SWS Keys Properties, LLC 12/08/ of 152

26 The proposed project is located within the Residential Medium Future Land Use District. Policy of the City of Marathon Comprehensive Plan states that the principal purpose of the Residential Medium future land use category is to provide for medium density residential development. The Residential Medium future land use category is characterized by areas containing predominately compact development on lots with disturbed or scarified vegetation and areas that are appropriate for infill development and that are served by existing infrastructure. The proposed project includes the development of an existing residential medium district into the same conditional use, which is consistent with the Residential Medium classification. The existing land use pattern in the project vicinity consists of residential and public uses the north; residential uses to the south and east; and residential, conservation and public uses to the west. Otherwise, the development of a boat ramp on the property site will result in significant improvement to the site development quality, including upgraded landscaping, stormwater management, and architecture. Existing marine uses along the shoreline will be maintained. These improvements are expected to have a positive benefit on the surrounding uses and the City of Marathon. Therefore, it is staff s opinion that the request is in compliance with the requirements of these sections. Top of ramp/drain to intercept stormwater Small swale needed to collect stormwater runoff C. The proposed use shall not adversely affect the health, safety, and welfare of the public; The proposed conditional use does not adversely affect the health, and welfare of the public. The impacts on surrounding properties as a result of the proposed development should be positive. Plans submitted with the project are suitable for the Conditional Use Approval as they relate to Chapter 107, Article 12, 100 Year Floodplain. Final review of floodplain compliance will occur as part of building permit issuance. Therefore, it is staff s opinion that the request is in compliance with the requirements of these sections, so long as the applicant complies with stormwater requirements. D. The proposed conditional use minimizes environmental impacts, including but not limited to water, air, stormwater management, wildlife, vegetation, wetlands, and the natural functioning of the environment; The existing conditions maps indicate the subject area is designated as Developed Land. According to the Environmental layer in GIS the property is listed on the Species Focus Area for one habitat type, mangroves. The FEMA-FWS Species Assessment Guides indicates that altering the habitat should not affect the species. However, any alteration to the mangroves for provision of dockage and/or observation deck, though permissible, would require state (FDEP) and federal (ACOE) permits as well as City permits. See Figure 5. PCAS SWS Keys Properties, LLC 12/08/ of 152

27 Figure 5 Focus Area Habitat Further improvements to water quality are expected to arise from stormwater improvements to the site, which should provide up-to-date treatment and eliminate any existing discharges to surface waters. The applicant has submitted preliminary stormwater plans suitable for the Conditional Use Application, and final plans are required prior to building permit issuance. Site landscaping will be selected from Table , Appendix A, Article 8, Section 107 of the City of Marathon Code of Ordinances. The native vegetation will improve the environmental quality of the site and reduce irrigation needs. Therefore, it is staff s opinion that the request is in compliance with the requirements of these sections so long as the development is conditioned on the approval from Army Corp of Engineers and Department of Environmental Protection, plans subject to approval of the City Biologist and final stormwater plans subject to City approval. If the redevelopment is found to have any effect on the Eastern Indigo Snake Habitat, then the prescribed protection measures must be undertaken, and the information poster posted on site. Native vegetation shall remain intact, except for the area required for the boat ramp. E. Satisfactory provisions and arrangements have been made concerning the following PCAS SWS Keys Properties, LLC 12/08/ of 152

28 matters, where applicable: 1. Ingress and egress to the property and proposed structures thereon with particular reference to automotive, bicycle, and pedestrian safety and convenience, traffic flow and control and access in cases of fire or catastrophe; Ingress and egress to the property is being provided through existing driveway on Calle Ensueno. Section requires site triangles where the access drive intersects with the street. Clear site triangles must be shown on the site plan at time of building permit issuance. Therefore, with conditions, the request is in compliance with the requirements of these sections. 2. Off-street parking and loading areas where required, with particular attention to item 1 above; Parking requirements are outlined in Section (Parking Schedule). The following table shows the parking requirement for the residential uses on the parcel: Use Single and Two-Family, attached and detached Code Requirement Spaces Required Citation per dwelling unit 2 Total Required 2 2 Total Provided 2 2 Therefore, it is staff s opinion that the request is in compliance with the requirements of these sections. 3. The noise, glare or odor effects of the conditional use on surrounding properties; The proposed project consists of development of a boat ramp on residential zone. No detrimental noise, glare or odors are expected to be generated by any of the uses. Therefore, it is staff s opinion that the request is in compliance with the requirements of this section. 4. Refuse and service areas, with particular reference to locations, screening and Items 1 and 2 above; Section requires that all dumpsters and recycling bins be fully enclosed and screened. The site plan indicates that the dumpster is (hidden) screened. Therefore, it is staff s opinion that the request is in compliance with the requirements of this section. 5. Utilities, with reference to location and availability; PCAS SWS Keys Properties, LLC 12/08/ of 152

29 Chapter 107, Article 13, establishes the City s Concurrency Management and certification requirements. This Conditional Use constitutes the City s Concurrency Level of Service Certificate, as follows: Wastewater: The applicant must coordinate with wastewater Utilities department for connection requirements. This project will constitute a major expansion, resulting in a de minimus impact. Water: The Florida Keys Aqueduct Authority will provide potable water for the facility. Solid Waste: Marathon Garbage Service will provide solid waste disposal. Surface Water: The applicant has provided stormwater design information suitable for the Conditional Use application review which demonstrates compliance with City standards. However, a final stormwater plan will be required for building permit issuance. Recreation and Open Space: This development will have a de minimus impact on recreation and open space. Roadways: The applicant is developing the site with a higher intensity than was contained within the undeveloped vacant land; therefore, a traffic study was completed to analyze the impact on transportation facilities. Educational Facilities: This redevelopment will have a de minimus impact on educational facilities since existing uses are replaced in kind. Therefore, with conditions, the request is in compliance with the requirements of these sections. City approval is required for the stormwater management system prior to Building Permit Approval. Detail grading plan depicting existing and proposed elevations. All runoff is required to be diverted to the stormwater system with no off-site discharge The Conditional Use Development Order will constitute the Certificate of Concurrency for the project. The determination will be valid for one year. 6. Screening and buffering with reference to type, dimensions and character; Table establishes project boundary buffer standards applicable to the project. The project is zoned RM. The property is bordered by parcels of similar zone as RM and therefore neither requires buffers. Section C. requires that parcels with a RM zoning designation provide a Type 3 Streetscape Treatment for all parcels along City streets. All single-family residential uses are required to provide a minimum of two (2) canopy street trees for every 100 linear feet of property frontage along local streets. Table outlines setback requirements in the RM district as follow: front yard 20 ; side yard 5 ; and rear 20. For a principal structure on a manmade canal on a lawfully altered shoreline, the setback is 20 ; accessory structures, including pools, have a 10 setback from Mean High Water Line. PCAS SWS Keys Properties, LLC 12/08/ of 152

30 The site plan meets the navigational and structural requirements for a boat ramp. Therefore, it is staff s opinion that the request is in compliance with the requirements of these sections. 7. Signs, if any, and proposed exterior lighting with reference to glare, traffic safety and compatibility with surrounding uses; Applicant does not propose signage or exterior lighting on property. Article establishes criteria for lighting, including light pole light limitations and other technical criteria. Exterior lighting plan appears to be consistent with the requirements, and which is appropriate for the proposed project. Final lighting plans will be submitted along with final landscaping plans, and will include verification from the landscape architect that all provisions of the article are met. Therefore, it is staff s opinion that the request is in compliance with the requirements of these sections. 8. Required yards and other open space; Section established required open space for the project. The site is developed; therefore, a twenty percent open space requirement applies. According to calculations provided by the applicant, 8,881 square feet of pervious area (including landscape area), or 58% of the site, is provided as open space. This exceeds the open space requirement. Therefore, it is staff s opinion that the request is in compliance with the requirements of these sections. 9. General compatibility with surrounding properties; and The project of construction of a boat ramp is similar to the boat ramp immediately adjacent to subject parcel and other neighboring residential boat ramps. Adjacent uses include residential neighborhoods, and adjacent waterway. Construction of dock and boat ramp, which maintains waterfront docks is expected to be fully compatible with these uses. The proposed project represents improvement to the current state of prior development, and is expected to increase compatibility with surrounding properties. Section restricts the width of boat ramps, including side slopes to 35. The site plans shows the boat ramp is below 12.8 wide. Therefore, it is staff s opinion that the request is in compliance with the requirements of these sections. Boat ramp shall be limited to the use of property owners. Boat ramp shall not to be used a public ramp. 10. Any special requirements set forth in the LDRs for the particular use involved. PCAS SWS Keys Properties, LLC 12/08/ of 152

31 Section Boat Ramps contains special requirements. The following criteria are applicable to this project: All boat ramps shall be located and designed so as not to create setback nonconformity for existing structures from the new MHW line created by the boat ramp and all new structures permitted subsequent to boat ramp approval must meet the new setback from MHW. All boat ramps shall be confined to shorelines of man-made canals, channels, and basins with little or no native vegetation and shall be located in the least vegetated area of the shoreline. The width of boat ramps, including side slopes, shall be limited to 35 feet. Boat ramps shall be designed such that all excavation necessary to build the ramp takes place at or landward of the MHW line that exists on the property prior to installation of the ramp. A maximum of two accessory docks meeting all docking facility requirements may be allowed. Boat ramps without accessory docks must meet the water depth and access criteria for a dock within ten (10) feet of the waterward end of the ramp to allow for a bottom slope. Dredging and filling shall be limited to the minimum amount necessary to construct the boat ramp surface, side slopes, walls and mooring or dock pilings. All such projects shall require approval by the Florida Department of Environmental Protection or the South Florida Water Management District and by the U.S. Army Corps of Engineers prior to issuance of a City permit. Additionally, this section, A. 4., contains a requirement for hotel/motel redevelopment to include on- or off- site employee living space as specified below: Therefore, it is staff s opinion that the request is in compliance with the requirements of this section. CONCLUSION: The Conditional Use Approval is intended to allow for the integration of certain land uses and structures within the City of Marathon based on conditions imposed by the Council. Review is based primarily on compatibility of the use with its proposed location and with surrounding land uses. Conditional uses shall not be allowed where the conditional use would create a nuisance, traffic congestion, a threat to the public health, safety or welfare of the community. The proposed development consists of construction of a boat ramp for residential use. As such the development, including the overall upgrading and improvement of the site, furthers the policies for development in the City and is consistent with the Comprehensive Plan and Land Development Regulations. The project is compatible with surrounding uses, and is not expected to create a nuisance, traffic congestion or threat to public, health, safety or welfare. RECOMMENDATION: PCAS SWS Keys Properties, LLC 12/08/ of 152

32 The Planning staff recommends conditional approval of the boat ramp on single-family residential project known as SWS Keys Properties, LLC to the Planning Commission. The proposed conditions of approval are listed below. Conditions of Approval 1. Boat ramps shall be located and designed so as not to encroach setbacks. 2. Boat ramps shall be confined to shorelines of man-made canal with little or no native vegetation and shall be located in the least vegetated area of the shoreline. 3. Width of boat ramp, including side slopes, is limited to 35 feet. 4. Boat ramps shall be designed such that all excavation necessary to build the ramp takes place at or landward of the MHW line that exists on the property prior to installation of the ramp. 5. Dredging and filling is limited to the minimum amount necessary to construct the boat ramp surface, side slopes, walls and mooring or dock pilings. 6. If construction of boat ramp is found to have any effect on the Eastern Indigo Snake Habitat, then the prescribed protection measures must be undertaken, and the information poster posted on site. 7. Native vegetation shall remain intact, except for the area required for the boat ramp. 8. Top of ramp/drain to intercept stormwater. 9. Small swale needed to collect stormwater runoff. 10. Detail grading plan depicting existing and proposed elevations. All runoff is required to be diverted to the stormwater system with no off-site discharge. 11. City approval is required for the stormwater management system prior to Building Permit Approval. 12. The Conditional Use Development Order will constitute the Certificate of Concurrency for the project. The determination will be valid for one year. 13. Boat ramp shall be limited to the personal use of property owner. 14. Boat ramp shall not be used as a public ramp. PCAS SWS Keys Properties, LLC 12/08/ of 152

33 Attachments: Attachment: Proposed Site Plan A PCAS SWS Keys Properties, LLC 12/18/ of 152

34 PCAS SWS Keys Properties, LLC 12/18/ of 152

35 Meeting Date: December 18, 2017 PLANNING COMMISSION AGENDA STATEMENT To: From: Planning Commissioners George Garrett, Planning Director Agenda Item: Consideration Of A Request For An Amendment To An Existing Development Agreement Documented As Recorded In City Of Marathon Resolution For Keys RV Mobile Home Condominium Association, Inc., Pursuant to Chapter 102, Article 8 Of The City of Marathon Land Development Regulations (LDRs) Entitled Development Agreement In Order To Amend The Agreement Revising Conditions For The Removal And Replacement Of Permanent RVs And Allowing For The Use Of Permanent RV Sites For Recreational Vehicles Until Such Time As A Permanent RV Is Replaced By A Permanent Residential Unit; For Property Which Is Legally Described As Keys RV/Mobile Home Condominium; Located At 6099 Overseas Highway, Having Real Estate Number Nearest Mile Marker 50. RECOMMENDATION: Staff recommends APPROVAL APPLICANT/OWNER: AGENT: Keys RV Mobile Home Condominium Association Keys RV Mobile Home Condominium Association (Key By The Sea) Board LOCATION: Keys RV Mobile Home Condominium Located At 6099 Overseas Highway, Having Real Estate Number Nearest Mile Marker 50. (See Figure 1 Location Map) REQUEST: Amendment to the Keys RV Development Agreement to revise Section IV, 7. to read: 7. Remove existing Permanent RV and other structures on the site excluding a shed, dock and a boat lift, then the site may be used as a Recreational Vehicle Space until such time that a market rate unit is constructed. FUTURE LAND USE MAP DESIGNATION: Current Residential High (RH) ZONING MAP DESIGNATION: Current Residential-Mobile Home (R-MH) PROJECT SIZE: Approximately 401,571 square feet (9.22 acres) of upland CC Keys RV Amended DA Page 1 of 7 35 of 152

36 Figure 1 Location Map SURROUNDING FLUM, ZONING AND USES: Table 1 Surrounding FLUM / Zoning / Uses Existing FLUM Existing Zoning Existing Uses North Mixed Use-(MU) Mixed Use-Commercial Gulfside Village (MU-C) East Residential Medium (RM) Mixed Use Commercial U.S. 1 Businesses / Edmonds (MU-C) / Residential Acreage Tracts Medium (RM) South None None Ocean West Mixed Use (MU) Residential High (RH) Mixed Use-Commercial / Residential High (RH) FLUM / Zoning Maps Vacant Land, Winn Dixie Shopping Center, Mangroves CC Keys RV Amended DA Page 2 of 7 36 of 152

37 Figure 2 FLUM / Zoning Maps EXISTING CONDITIONS / PROJECT PROPOSAL: RV / Mobile Home Park consisting of approximately 200 residential units, has an existing Development Agreement with the City of Marathon. The Agreement was approved and became effective in the summer of The purposes of the Agreement are as follows: A. To encourage redevelopment of the Keys RV Park consistent with the City's Comprehensive Plan and LDR's. B. To secure the ability to redevelop two-hundred and ten (210) parcels described as twenty-three (23) mobile homes and one hundred twenty-four (124) lots designated "permanent" RV units, and sixty-three (63) lots designated for use as "recreational vehicle" or Transient use consistent with the LDRs and the Comprehensive Plan, or reduce density by vacating a lot in accordance with the Code; and C. To protect and recognize "permanent" RV's within Keys RV as existing workforce housing and to permit the continued use until such time as the Owner desires to redevelop, or sell any TBR's in accordance with the LDR's. D. To establish flexibility in developing setbacks and other development criteria to provide adequate design planning as specified in Section IV of the Development Agreement. E. To resolve existing Code violations through redevelopment and allow repair to existing structures and previous construction so as to achieve compliance with the City Code to the greatest extent practicable. The intent and purposes of the Agreement remain at this juncture. Keys RV has completed its wastewater improvements and has agreed to complete stormwater improvements in the Park as individual park sites redevelop. The Park is seeking an amendment to the Keys RV Development Agreement to revise Section IV, 7. To Read: 7. Remove existing Permanent RV and other structures on the site excluding a shed, dock and a boat lift, then the site may be used as a Recreational Vehicle Space until such time that a market rate unit is constructed. EVALUATION FOR COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: CRITERIA CC Keys RV Amended DA Page 3 of 7 37 of 152

38 A. The proposed use is consistent with the Comprehensive Plan and LDRs; No Change since approval of the original Agreement. Staff finds the request is in compliance with the requirements of these sections so long as the applicant proceeds successfully with the FLUM and zoning change. B. The proposed use is compatible with the existing land use pattern and future uses designated by the Comprehensive Plan; No Change since approval of the original Agreement. Staff indicates that the amendment of the Development Agreement as proposed is compatible with all surrounding uses. Staff finds the request is in compliance with the requirements of this section. C. The proposed use shall not adversely affect the health, safety, and welfare of the public; No Change since approval of the original Agreement. Staff finds the request is in compliance with the requirements of this section. D. The proposed conditional use minimizes environmental impacts, including but not limited to water, air, stormwater management, wildlife, vegetation, wetlands, and the natural functioning of the environment; No Change since approval of the original Agreement. Staff finds the request is in compliance with the requirements of this section. E. Satisfactory provisions and arrangements have been made concerning the following matters, where applicable: 1. Ingress and egress to the property and proposed structures thereon with particular reference to automotive, bicycle, and pedestrian safety and convenience, traffic flow and control and access in cases of fire or catastrophe; No Change since approval of the original Agreement. Staff finds the request is in compliance with the requirements of this section. 2. Off-street parking and loading areas where required, with particular attention to item 1 above; No Change since approval of the original Agreement. Staff finds the request is in compliance with the requirements of this section. 3. The noise, glare or odor effects of the conditional use on surrounding properties; No Change since approval of the original Agreement. CC Keys RV Amended DA Page 4 of 7 38 of 152

39 Staff finds the request is in compliance with the requirements of this section. 4. Refuse and service areas, with particular reference to locations, screening and Items 1 and 2 above; No Change since approval of the original Agreement. Staff finds the request is in compliance with the requirements of this section. 5. Utilities, with reference to location and availability; No Change since approval of the original Agreement. Staff finds the request is in compliance with the requirements of this section. 6. Screening and buffering with reference to type, dimensions and character; No Change since approval of the original Agreement. Staff finds the request is in compliance with the requirements of this section. 7. Signs, if any, and proposed exterior lighting with reference to glare, traffic safety and compatibility with surrounding uses; No Change since approval of the original Agreement. Staff finds the request is in compliance with the requirements of this section. 8. Required yards and other open space; No Change since approval of the original Agreement. Staff finds the request is in compliance with the requirements of this section. 9. General compatibility with surrounding properties; and No Change since approval of the original Agreement. Staff finds the request is in compliance with the requirements of this section. 10. Any special requirements set forth in the LDRs for the particular use involved. Significant damage occurred to units within Keys RV Park to the point at which many structures have been removed. This provision will allow those owners who have removed structures to develop a temporary revenue stream until they are able to construct permanent residential units. This amendment will not convey any entitlement to additional Transient Residential Development Rights within the Park and as such will not allow any additional sale of such units. Staff finds the request is in compliance with the requirements of this section. CC Keys RV Amended DA Page 5 of 7 39 of 152

40 CONCLUSION: The proposed amendment to the project Development Agreement complies with all review criteria as established in the LDRs. RECOMMENDATION: Staff recommends APPROVAL. Staff has provided some clarifying language for the proposed amendment which the Applicant has indicated they are in agreement with. CC Keys RV Amended DA Page 6 of 7 40 of 152

41 Attachment 1 Approved Development Agreement CC Keys RV Amended DA Page 7 of 7 41 of 152

42 Parcel ID Numbers (Space Reserved for Recording) SECOND AMENDMENT TO DEVELOPMENT AGREEMENT FOR THE KEYS RV/MOBILE HOME CONDOMINIUM ASSOCIATION, INC. THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT ( Second Amendment ) is entered into by and between the CITY OF MARATHON, FLORIDA, a municipal corporation (herein the City ) and Keys RV/Mobile Home Condominium Association, Inc., (the Association ) pursuant to Chapter 102, Article 8 of the Land Development Regulations of the City of Marathon, Florida and the Florida Local Government Development Agreement Act, Fla. Stat (2012), and is binding on the Effective Date set forth herein. RECITALS WHEREAS, by Resolution , the City Council of the City of Marathon, Florida (the "City") approved a Development Agreement (the Agreement ),for Keys RV Mobile Home Condominium Association ( Association ), a copy of which is attached as Exhibit A, and WHEREAS, Section V. L. of the Agreement provides for the Amendment, Renewal, and Termination of the Development Agreement; and WHEREAS, the Association is requesting an amendment to allow expedited recovery post Hurricane Irma and in the event of future hurricanes; and WHEREAS, the Planning Commission on December 18, 2017 recommended said amendment to the City Council, 42 of 152

43 NOW, THEREFORE, the Second Amendment is approved as follows: TERMS OF AGREEMENT A. Recitals. The foregoing recitals are incorporated into this Second Amendment to Development Agreement. B. Amendments. The Development Agreement for the Association, is hereby amended as follows: IV. ADDITIONAL PROVISIONS In furtherance of the objectives of this development agreement and consistent with the findings established by this Agreement, the City and the Association agree to the following that applies to the entirety of Keys RV Park as determined by the individual lot designation assigned by the City and agreed to by the Membership as recorded by Exhibit C, Lot Designations: 1. The City will allow the Membership of the Association to retain the parcel in its current condition with the exception of health, safety, and welfare issues as determined by the City that must be corrected within a transition period of six (6) months from the effective date of this Agreement; and 2. Owners of a Permanent RV shall be permitted to replace existing RV, deck, Florida Room or other aspects of the structure in accordance with the Marathon City Code to the greatest reasonable extent practicable and in full compliance with health, safety and welfare standards in the Code; and 3. The City will entertain and accept variance applications for redevelopment pursuant to the Marathon LDR s to property line and water setbacks to effectuate the objectives of this Agreement to include a reduction of the canal setback to five (5) feet or less pursuant to an approved engineered stormwater plan that accompanies the variance application, provided that the reduced canal setback provision of this Agreement is approved by the Florida Department of Community Affairs (DCA) and the Florida Department of Environmental Protection (DEP). The rear yard setback of three (3) feet or less on dry lots will be established to effectuate the redevelopment as provided for by this Agreement and as approved by the City Fire Marshall; and 4. Redevelopment of a Permanent RV on-site to a permanent dwelling unit will be considered a market rate dwelling unit. However, if a TBR is ever transferred off site it will be transferred as an affordable housing TBR and deed restricted at the receiver site; and 5. The Association, for common area use only, and individual lot owners will submit development plans at time of redevelopment including, but not limited to, survey, building plans, and site plan; and 6. The Association will be permitted to continue to use existing transient RV lots as Recreational Vehicle Spaces as defined in this Agreement; and 7. Membership of the Association is recognized to possess vested rights to redevelop in the following manner: 43 of 152

44 Either apply for transfer of building rights in accordance with the TBR Ordinance; the remaining lot can be sold without encumbrances and is eligible to apply for a ROGO allocation through the City s ROGO allocation process Replace existing Permanent RV with another Permanent RV and comply with the City Building Code; Remove existing Permanent RVs and other structures on a designated Permanent RV site, excluding structures such as a shed, dock, and boat lift. The site may then be used as a Recreational Vehicle Space until such time that a market rate residential unit is constructed. Such allowance conveys no right to a Transient Residential Unit (TRU) Building Right. As such, there shall be no right to sell and transfer a TRU from a designated Permanent RV site. Construct a transient unit on existing RV use lots pursuant to the nonconforming use definition of this Agreement Leave or sell as is as provided by this Agreement 8. Association agrees to fund the installation of a fire hydrant on U.S. Highway 1 at the entrance to the site by not later than a date agreed to by the Florida Keys Aqueduct Authority and the Association. 9. Transient sites or those Permanent RV sites allowing the placement of a recreational vehicle must adhere to the following requirements: a) All Recreational Vehicles within the Park must be Road Ready. Road Ready is defined as, on its wheels or internal jacking system and attached to the site only by the quick disconnect-type utilities commonly used in campgrounds and trailer parks and shall have no permanent attachments such as Florida rooms or porches. b) In the event of a mandatory evacuation, all recreational vehicles must be removed from the Park and evacuate as required under the County s emergency declaration. Effect of Second Amendment to Development Agreement. Except as expressly modified in this Second Amendment, all terms and provisions in the Development Agreement for the Association remain unchanged and continue in full force and effect. B. Recording and Effective Date. The Association shall record a copy of this Second Amendment in the public records of Monroe County, Florida, within fourteen (14) days after the date of this agreement and shall provide copies of the recorded agreement showing the book and page where recorded to Marathon and to the state land planning agency. Pursuant to Section , Florida Statutes, this Second Amendment shall become effective 30 days after it is recorded and a copy is received by the state land planning agency. 44 of 152

45 IN WITNESS WHEREOF, the Parties hereto have set their hands and seals on the day and year below written. Key RV/Mobile Home Condominium Association, Inc. By: Title: Date: The foregoing instrument was acknowledged before me on this day of, 2018, by, the managing member of Keys RV/Mobile Home Condominium Association, Inc. He is personally known to me did not take an oath. AYES: NOES: ABSENT: ABSTAIN: ATTEST: THE CITY OF MARATHON, FLORIDA Michelle Coldiron, Mayor Diane Clavier City Clerk (City Seal) APPROVED AS TO FORM AND LEGALITY FOR THE USE AND RELIANCE OF THE CITY OF MARATHON, FLORIDA ONLY: David Migut, City Attorney 45 of 152

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51 Doc Bk Pg WHEREAS, the City and the Association acknowledge that development of lots, docks, and buildings has occurred without required permits and in some cases inconsistent with applicable zoning for the Property; and WHEREAS, the City and the Association agree to establish a "grandfather" date of February 18, 2006 to recognize all development existing on the Property as of such date. All development after this date will require after-the-fact permits or removal of the post-date development. All grandfathered development must meet health, safety, and welfare standards set forth in the City Code, and City staff will work with the property owners to establish a process and timetable to achieve such compliance. NOW, THEREFORE, in consideration of the mutual promises and undertakings contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: I. RECITALS. The foregoing Recitals are a part of this Agreement on which the parties have relied and are incorporated into this Agreement by reference. II. PURPOSES OF AGREEMENT. The purposes of this Agreement are as follows: A. To encourage redevelopment of the KeysRV Park consistent with the City'S Comprehensive Plan and LDR's. B. To secure the ability to redevelop two-hundred and ten (210) parcels described as twenty-three (23) mobile homes and one hundred twenty-four (124) lots designated "permanent" RV units, and sixty-three (63) lots designated for use as "recreational vehicle" or Transient use consistent with the LDRs and the Comprehensive Plan, or reduce density by vacating a lot in accordance with the Code; and C. To protect and recognize "permanent" RV's within KEYSRV as existing workforce housing and to permit the continued use until such time as the Owner desires to redevelop, or sell any TBR's in accordance with the LDR's. D. To establish flexibility in developing setbacks and other development criteria to provide adequate design planning as specified in Section IV below. E. To resolve existing Code violations through redevelopment and allow repair to existing structures and previous construction so as to achieve compliance with the City Code to the greatest extent practicable. III. DEFINITIONS. For the purposes of this Agreement, the following terms shall have the following definitions. Terms not defined in this Agreement shall be as defined in the City Code, Chapter 163, Florida Statutes, or, if not defined in the Code or statute, shall be understood by their usual and customary meaning. Page 3 of 15 6/28/07 Key RV Development Agreement

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55 A. Legal Description and Ownership. Doc: Bk Pg Keys RV/Mobile Home Condominium Association, Inc. is the governing body of the Property, which is the subject to this Agreement. The Keys RV Park is described in Exhibit A hereto, Improvement Location and Boundary Survey. B. Duration of Agreement. It is the intention of the City and the Association to promote rational and timely development of the Property to maximize best land use management practices consistent with the landowner's rights and commitments described herein. This Agreement shall remain in effect for seven (7) years from its effective date as defined herein with the option to extend the Agreement for three (3) years in one (1) year increments. C. Permitted Uses. 1. The development permitted on the Property shall consist of those uses set forth herein. The permitted uses on the Property are as follows: a. The Property. The Property shall consist of the two hundred and ten (210) parcels consisting of twenty-three (23) parcels designated for use as "mobile homes", one hundred twenty-four (124) lots designated "permanent" RV lots, and sixty-three (63) lots designated for use as "recreational vehicle" or Transient use lots, including ten (10) common area lots known as 22W - designated as Permanent RV, 24W, 26W, 30W, 32W, 34W, 36W, 28W, 38W and 38aW to be used as transient RV spaces. The balance of the Property shall be common elements, which shall be owned, operated and maintained by the condominium association, and limited common elements reserved for the exclusive use of certain units. 2. For the duration of this Agreement, the parties agree that any and all of the approved development shall adhere to, conform to, and be controlled by this Agreement, the exhibits attached hereto and incorporated by reference, the Marathon LDR's and the Comprehensive Plan governing the development of the subject property on the effective date of this Agreement. In the event that all or a portion of the existing or authorized development subject to this Agreement should be destroyed by storm, fire, or other common disaster, Association, its grantees, successors, or assigns shall have the absolute right to rebuild or repair the affected structure(s) and reinitiate the prior approved use so long as such development is in compliance with the City Code to the greatest extent practical and provided that such development shall be in compliance with health, safety and welfare standards in the Code. 3. The following documents are attached hereto and incorporated by reference, showing the Property boundary and existing and proposed uses: a. Exhibit A: Improvement Location and Boundary Survey b. Exhibit B: Declaration of Condominium Establishing Keys RVlMobile Home Condominium c. Exhibit C: Lot Designations Page 7 of 15 6/28/07 Key RV Development Agreement

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