Resolution 196-2014MONROE COUNTY, FLORIDA
RESOLUTION NO. 19 h -2014
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING AN
AMENDMENT TO A DEVELOPMENT AGREEMENT
BETWEEN MONROE COUNTY, FLORIDA AND KEY
LARGO OCEAN RESORT CONDOMINIUM, INC. ALSO
KNOWN AS KLOR AND FORMERLY KNOWN AS KEY
LARGO OCEAN RESORTS CO -OP, INC. CONCERNING
PROPERTY LOCATED AT 94825 OVERSEAS HIGHWAY,
KEY LARGO, APPROXIMATE MILE MARKER 95,
DESCRIBED AS A PARCEL OF LAND IN SECTIONS 13 AND
14, TOWNSHIP 62 SOUTH, RANGE 38 EAST, BEING PART
TRACT 10 AND PART TRACT 11 OF SOUTHCLIFF ESTATES
(PLAT 2, BOOK 45), KEY LARGO, MONROE COUNTY,
FLORIDA HAVING REAL ESTATE NUMBERS
00483401.000100 THROUGH 00483401.028500 AND
00483402.000000.
WHEREAS, during a regularly scheduled public meeting held on August 20, 2014, the
Monroe County Board of County Commissioners conducted a public hearing to review and
consider a request filed by Jim Saunders, on behalf of Key Largo Ocean Resort Condominium,
Inc. (KLOR), for an Amended Development Agreement in accordance with Monroe County
Code §110 -132 and §110 -133 and Florida Statutes §163.3220 et. seq., the "Florida Local
Government Development Agreement Act "; and
WHEREAS, the subject property is located at 94825 Overseas Highway in Key Largo,
approximate mile marker 95, and is legally described as a parcel of land in Sections 13 and 14,
Township 62 South, Range 38 East, Key Largo, being a part Tract 10 and part Tract 11 of
Southcliff Estates (Plat Book 2, Page 45) Monroe County, Florida having real estate numbers
00483401.000100 through 00483401.028500 and 00483402.000000; and
WHEREAS, in 2006, the County entered into a Development Agreement with KLOR's
predecessor in interest, Key Largo Ocean Resorts Co -op, Inc. which among other provisions
provided conceptual approval of a plan to redevelop the site. The Development Agreement was
memorialized in BOCC Resolution #242 -2006; and
Page 1 of 5 (BOCC Aug. 20, 2014)
WHEREAS, this request for an amendment relates to the redevelopment of the property
with a maximum of 285 single family detached dwelling units and accessory structures and uses
including recreational and maintenance facilities, resort office, bath houses grill /pub, club and
docking facilities; and
WHEREAS, the amendment results in revisions to some provisions of the 2006
development agreement including:
• Amends references from "Key Largo Ocean Resort Co -op" to "Key Largo Ocean Resort
Condominium Association, Inc." as the successor in interest
• Updates the status of improvements to achieve compliance from 2006 to present to reflect
completion of demolition work and attainment of recent building permits for site work
• Increases wet slips from 65 to 76
• Allows existing lawfully nonconforming accessory structures approved to remain on site
to be demolished and replaced with new structures
• Allows road ready RVs to remain on the property until December 31, 2016
• Extends the expiration date of the original development agreement from August 22, 2016
to December 31, 2018
WHEREAS, at a public hearing on June 25, 2014, the Monroe County Planning
Commission reviewed the Development Agreement and recommended approval; and
WHEREAS, based upon the information and documentation submitted, the Board of
County Commissioners makes the following Findings of Fact:
1. The subject property is located in the Urban Residential Mobile -Home (URM) land
use district;
2. The subject property has a Future Land Use Map (FLUM) designation of Mixed Use /
Commercial (MC);
3. The subject property has a tier designation of Tier III;
4. In 1994 and 1995, the Monroe County Code Enforcement Department began to
actively pursue compliance with the requirements of the Recreational Vehicle (RV)
district in order to resolve violations related to construction carried out without the
benefit of properly issued building permits;
5. As a result of the County's action, KLOR brought legal action against the County
seeking relief from the application of the requirements of the Recreational Vehicle
district;
6. The Circuit Court of Monroe County granted an injunction against the County, Case
Number 96- 201630- CA -22, to allow KLOR to seek a change of its land use district
designation from Recreational Vehicle (RV) to Urban Residential Mobile Home
(URM) in order to resolve some of the code enforcement issues;
Page 2 of 5 (BOCC Aug. 20, 2014)
7. The Court ordered the parties into Mediation, which resulted in a Settlement
Agreement signed by the parties in June 2003, approved by the Court on August 4,
2003, which authorized KLOR to submit and apply for a Development Agreement;
8. In 2004, KLOR amended the Future Land Use Map Designation from Mixed
Use /Commercial (MC) to Residential High (RH) and from Residential Medium (RM)
to Residential High (RH);
9. In 2004, KLOR amended the Land Use District Map from Recreation Vehicle (RV)
to Urban Residential Mobile Home (URM) and from Improved Subdivision (IS) to
Urban Residential Mobile Home (URM);
10. In 2006, the County entered into a Development Agreement with KLOR which
provided conceptual approval of a plan to redevelop the site. The Development
Agreement was memorialized in BOCC Resolution #242 -2006; and
11. In 2007, the Planning Commission approved a request by KLOR for a major
conditional use permit to approve the redevelopment plan and site plan. The approval
and conditions were memorialized in Planning Commission Resolution #P35 -07;
12. Following its issuance, Resolution #P35 -07 was appealed to the State of Florida
Division of Administrative Hearings (DOAH Case #07- 5390). Following a review by
DOAH, the case was dismissed, documented by a final order of dismissal signed by
Bram D. E. Canter, Administrative Law Judge, on June 25, 2008. A KLOR resident
named Maria Barroso appealed that order to the Circuit Court (Case #: CA P 08 -564).
That case was dismissed by agreement on August 18, 2009;
13. In 2007, the BOCC approved a request by KLOR for a waiver to the inclusionary
housing requirements. The approval and conditions were memorialized in BOCC
Resolution #298 -2007;
14. On July 13, 2009, the County filed a motion with the Circuit Court to ratify and
approve the Development Agreement. On August 22, 2009, the Circuit Court granted
the County's motion and adopted a "Master Development Schedule ... as a guideline
for the parties to implement the Development Agreement." The Master Development
Schedule was never implemented because the KLOR Board was recalled and
replaced in late 2009;
15. In 2009, the County sought to enjoin the use of the Park for habitation because of
numerous life safety violations. After touring the park, the Circuit Court Judge
granted the injunction and originally ordered the park to close as of January 15, 2010.
That deadline was extended, but the Court ultimately ordered the park closed for
habitation effective July 31, 2010 in an order dated June 22, 2010. In the June 22,
2010 order, the Court ordered that all illegal structures on the property be demolished
by December 31, 2010;
Page 3 of 5 (BOCC Aug. 20, 2014)
16. On December 21, 2011, the Planning Commission approved a request by KLOR for a
major deviation to the major conditional use permit. The approval and conditions
were memorialized in Planning Commission Resolution #P49 -11;
17. Florida Statutes § 163.3220 authorizes Monroe County to enter into development
agreements with landowners and/or governmental agencies to encourage a stronger
commitment to comprehensive and capital facilities planning, ensure the provision of
adequate public facilities for development, encourage the efficient use of resources,
and reduce the economic cost of development;
18. Florida Statutes § 163.3237 allows amendments to development agreements;
WHEREAS, based upon the information and documentation submitted, the Board of
County Commissioners makes the following Conclusions of Law:
1. The request is consistent with the provisions and intent of the Monroe County Code;
2. The request is consistent with the provisions and intent of the Monroe County Year
2010 Comprehensive Plan;
3. The request is consistent with the provisions and intent of the Master Plan for
Tavernier Creek Bridge to Mile Marker 97;
4. The request is consistent with the Principles for Guiding Development in the Florida
Keys Area of Critical State Concern;
5. The Agreement, among other things, is intended to and shall constitute a development
agreement among the Parties pursuant to the Florida Local Government Development
Agreement Act, Section 163.3223, et seq., Florida Statutes;
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
Page 4 of 5 (BOCC Aug. 20, 2014)
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the preceding Findings of
Fact and Conclusions of Law support its decision to APPROVE the proposed Amended
Development Agreement between Monroe County and Key Largo Ocean Resort Condominium,
Inc.
PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS of
Monroe County, Florida, at a regular meeting held on the 20 of August, 2014.
Mayor Sylvia Murphy
Mayor pro tem Danny L. Kohlage
Commissioner Heather Carruthers
Commissioner George Neugent
Commissioner David Rice
Yes
Yes
BOARD OF COUNTY COMMISSIONERS'
OF MONROE COUNTY LORIDA
BY:
Ma r Syly a Murphy
HEAVILIN, CLERK
�n
Deputy Clerk
Page 5 of 5 (BOCC Aug. 20, 2014)
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Page 5 of 5 (BOCC Aug. 20, 2014)