Item P08 � P.8
� � �, BOARD OF COUNTY COMMISSIONERS
County of Monroe � ��r�i
�r � s�� Mayor Heather Carruthers,District 3
The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2
Craig Cates,District 1
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
July 15, 2020
Agenda Item Number: P.8
Agenda Item Summary #7055
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2506
1:30 P.M. PUBLIC HEARING
AGENDA ITEM WORDING: A public hearing regarding a resolution approving a 3rd
Amendment to the Development Agreement between Monroe County, Florida and Key Largo Ocean
Resort Condominium, Inc., providing a 10-year time extension, and allowing units to be built to a
height of up to 38 feet (new construction) or 40 feet (existing building retrofit) in accordance with
the flood protection height exceptions provided in Land Development Code Section 131-2(b), for
previously approved development of 285 dwelling units and accessory uses at property located at
94825 Overseas Highway, Key Largo, approximate mile marker 95, having Parcel ID numbers
00483401-000000 through 00483401-028500 and 00483402-000000.
ITEM BACKGROUND: This is the Third (3rd) Amendment to the Development Agreement("3rd
Amendment") documented in Board of County Commissioners (BOCC) Resolution 4242-2006,
amended in Resolution 4196-2014 and Resolution 4441-2018, which relates to the continued
redevelopment of the recreational vehicle park to a condominium 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 including 76
boat slips.
Packet Pg. 3729
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Subject Property with Land Use District Overlaid(Aerial dated 2018)
The material changes proposed by this 3rd Amendment are as follows:
1. 10-year time extension. The Development Agreement currently expires on June 30, 2020,
with the option for an administrative extension of up to 12 months, or June 30, 2021. The
applicant is requesting a new expiration date of 10 years from the effective date of this 3rd
Amendment.
2. Revision to the "Design Guidelines and Use Rules and Regulations For Development"
regarding internal setbacks, and height, to allow buildings on the site to be built to the
maximum height allowed by the flood protection height exceptions pursuant to Land
Development Code (LDC) Section 131-2(b). The current provisions of the Design
Guidelines specifically limit buildings to 35 feet in height. Under LDC Section 131-2(b),
new buildings may be constructed up to 38 feet in height, and existing retrofitted buildings
up to 40 feet in height, if they are voluntarily elevated and/or retrofitted to be above the
required base flood elevation. The applicant is requesting the Design Guidelines be
updated through this 3rd Amendment to allow buildings to be constructed up to the
maximum height allowed by the regulations of the LDC.
PREVIOUS RELEVANT BOCC ACTION:
August 18, 2004 - Ordinance No. 023-2004 amending the Monroe County Future Land Use Map
from Mixed Use/Commercial (MC) to Residential High (RH); The amendment became effective
on October 24, 2004.
August 18, 2004 - Ordinance No. 024-2004 amending the Monroe County land use district from
Recreational Vehicle (RV) to Urban Residential —Mobile Home (URM) and Improved Subdivision
Packet Pg. 3730
P.8
(IS) to Urban Residential —Mobile Home (URM); The amendment became effective on October
24, 2004.
June 21, 2006-Resolution No. 242-2006 the County entered into a Development Agreement with
KLOR. The Development Agreement provided conceptual approval of a plan to redevelop the
site. The effective date of the Development Agreement was September 24, 2006.
August 15, 2007 -Resolution No. 298-2007 the BOCC approved a request by KLOR for a waiver
to the inclusionary housing requirements. The effective date This resolution was September 07,
2007.
August 20, 2014 - Resolution No. 196-2014 the County Amended the Development Agreement
with KLOR. The changes to the amended development agreement included the following:
• Changing the agreement from Key Largo Ocean Resort Co-op to Key Largo Ocean
Resort Condominium Association, Inc. which is the successor in interest to the Co-
op.
• Reflect the current status of the project to include defining the completion of the
remedial actions including the completed demo work with closed permit numbers.
• Update the status of improvements to achieve compliance with the requirements of
the Urban Residential Mobile-Home district including active building permits for
site work and construction of accessory structures.
• Change in Marin a slips from 65 to 76.
• Change in benchmark dates to incorporate court established dates.
• Establish that the current common areas and building in these areas such as marina
building, clubhouse, pool tennis courts, etc. may be demolished and replaced with
new structures within the areas these elements exist.
• Explain conversion from Co-op to Condominium that has 285 individual lots
deeded to individual owners and identify the development process for individual
owners.
• The original agreement allowed road ready RVs for a period of five (5) years from
the effective date of the Site Redevelopment Plan. The new agreement would allow
road ready RVs for a period not to extend beyond December 31, 2016.
December 19, 2018, the County Amended the Development Agreement with KLOR through
BOCC Resolution 4441-2018, to extend the Agreement until June 30, 2021.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
2020-001 KLOR BOCC Reso
2020-001 Staff Report BOCC
Draft Third Amendment to Development Agreement with Exhibits A and B.
Packet Pg. 3731
P.8
Development Agreement KLOR/Resolution 242-2006
2nd Amend DevAgreement KLOR/Resolution 441-2018
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: n/a
Additional Details:
REVIEWED BY:
Emily Schemper Completed 06/25/2020 12:31 AM
Steve Williams Completed 06/25/2020 2:12 PM
Maureen Proffitt Completed 06/25/2020 2:27 PM
Assistant County Administrator Christine Hurley Completed
06/25/2020 4:39 PM
Purchasing Completed 06/25/2020 4:59 PM
Budget and Finance Completed 06/26/2020 8:10 AM
Risk Management Completed 06/26/2020 8:17 AM
Kathy Peters Completed 06/26/2020 10:30 AM
Board of County Commissioners Pending 07/15/2020 9:00 AM
Packet Pg. 3732
P.8.a
1
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7
8 MONROE COUNTY,FLORIDA
9 BOARD OF COUNTY COMMISSIONERS
10 RESOLUTION NO. - 2020
11 �
12 A RESOLUTION BY THE MONROE COUNTY BOARD OF
13 COUNTY COMMISSIONERS APPROVING AN AMENDMENT
14 TO A DEVELOPMENT AGREEMENT BETWEEN MONROE
15 COUNTY, FLORIDA AND KEY LARGO OCEAN RESORT
16 CONDOMINIUM ASSOCIATION, INC. AS IT RELATES TO 0.
17 THE DEVELOPMENT OF 285 PERMANENT, MARKET-RATE
18 DWELLING UNITS, AND ACCESSORY STRUCTURES/USES
19 THERETO, FOR A 10-YEAR TIME EXTENSION AND
20 REVISING THE "DESIGN GUIDELINES AND USE RULES E
21 AND REGULATIONS FOR DEVELOPMENT"FOR INTERNAL
22 SETBACKS AND HEIGHT TO ALLOW FOR THE UNITS TO E
23 BE BUILT TO THE MAXIMUM ALLOWABLE HEIGHT
24 PURSUANT TO MONROE COUNTY LAND DEVELOPMENT
25 CODE SECTION 131-2(b). THE SUBJECT PROPERTY IS
26 DESCRIBED AS A PARCEL OF LAND IN SECTIONS 13 AND
27 14, TOWNSHIP 62 SOUTH, RANGE 38 EAST, KEY LARGO,
28 BEING PART TRACT 10 AND PART TRACT 11 OF
29 SOUTHCLIFF ESTATES (PLAT BOOK 2, PAGE 45), MONROE
30 COUNTY, FLORIDA, HAVING PARCEL IDENTIFICATION ca
31 NUMBERS 00483401-000000 THROUGH 00483401-028500,
32 AND 00483402-000000.
33
34
35 WHEREAS,during a regularly scheduled public meeting held on July 15, 2020 the Board
36 of County Commissioners conducted a public hearing to review and consider a request filed by
37 Jim Saunders, on behalf of Key Largo Ocean Resort Condominiums Association, Inc., for an
38 Amendment to Development Agreement in accordance with Chapter 110,Article V, Sections 110-
39 132 and 110-133 of the Monroe County Land Development Code (LDC) and Florida Statutes
40 Sections 163.3220 et. seq., the "Florida Local Government Development Agreement Act;" and
41
42 WHEREAS, the subject property is located at 94825 Overseas Highway in Key Largo,
43 approximate mile marker 95, and is legally described as a parcel of land in Sections 13 and 14,
44 Township 62 South, Range 38 East, Key Largo, being a part Tract 10 and part Tract 11 of
45 Southcliff Estates (Plat Book 2, Page 45) Monroe County, Florida having Parcel Identification
46 Numbers 00483401-000100 through 00483401-028500 and 00483402-000000; and
47 WHEREAS, during a regularly scheduled public meeting held on May 26, 2020 the
48 Development Review Committee (DRC) of Monroe County conducted a review and considered
49 the request; and
50
File#2020-001 Page 1 of 4 Packet Pg. 3733
P.8.a
I WHEREAS, during a regularly scheduled public meeting held on June 24, 2020 the
2 Planning Commission of Monroe County conducted a public hearing to review and consider the
3 request and provide for public input; and
4
5 WHEREAS, the Development Agreement relates to the redevelopment of a recreational
6 vehicle park to a condominium with a maximum of 285 single family detached dwelling units and
7 accessory structures and uses including recreational and maintenance facilities, resort office,bath
8 houses grill/pub, club and docking facilities including 76 boat slips; and
9
10 WHEREAS, the 3rd Amendment includes a time extension of 10 years from the effective
11 date of the amendment, and revises the "Design Guidelines and Use Rules and Regulations for
12 Development" for internal setbacks and height to allow for the units to be built to the maximum
13 allowable height pursuant to Monroe County Land Development Code Section 131-2(b); and
14
15 WHEREAS, based upon the information and documentation submitted, the Board of
16 County Commissioners makes the following Findings of Fact:
17
18 1. The subject property is located within the Urban Residential Mobile Home (URM)
19 Land Use (Zoning) District. Further, it is designated within a Residential High (RH)
20 category on the Future Land Use Map (FLUM) and within a Tier III district on the Tier E
21 Overlay District Map; and
22
23 2. In 1994 and 1995,the Monroe County Code Enforcement Department began to actively
24 pursue compliance with the requirements of the Recreational Vehicle (RV) district in
25 order to resolve violations related to construction carried out without the benefit of
26 properly issued building permits;
27
0
28 3. As a result of the County's action, KLOR brought legal action against the County
29 seeking relief from the application of the requirements of the Recreational Vehicle
30 district;
31
32 4. The Circuit Court of Monroe County granted an injunction against the County, Case
33 Number 96-201630-CA-22, to allow KLOR to seek a change of its land use district
34 designation from Recreational Vehicle (RV) to Urban Residential Mobile Home
35 (URM) in order to resolve some of the code enforcement issues;
36 cv
37 5. The Court ordered the parties into Mediation,which resulted in a Settlement Agreement
38 signed by the parties in June 2003, approved by the Court on August 4, 2003, which
39 authorized KLOR to submit and apply for a Development Agreement;
40
41 6. In 2004, KLOR amended the Future Land Use Map Designation from Mixed
42 Use/Commercial (MC) to Residential High (RH) and from Residential Medium (RM)
43 to Residential High (RH);
44 7. In 2004, KLOR amended the Land Use District Map from Recreation Vehicle (RV) to
45 Urban Residential Mobile Home (URM)and from Improved Subdivision(IS)to Urban
46 Residential Mobile Home (URM);
47
48 8. In 2006, the County entered into a Development Agreement with KLOR which
49 provided conceptual approval of a plan to redevelop the site. The Development
50 Agreement was memorialized in BOCC Resolution#242-2006; and
File#2020-001 Page 2 of 4 Packet Pg. 3734 i
P.8.a
1 9. In 2007, the Planning Commission approved a request by KLOR for a major
2 conditional use permit to approve the redevelopment plan and site plan. The approval
3 and conditions were memorialized in Planning Commission Resolution#P35-07;
4
5 10. Following its issuance, Resolution #P35-07 was appealed to the State of Florida
6 Division of Administrative Hearings (DOAH Case#07-5390). Following a review by
7 DOAH, the case was dismissed, documented by a final order of dismissal signed by
8 Bram D. E. Canter, Administrative Law Judge, on June 25, 2008. A KLOR resident
9 named Maria Barroso appealed that order to the Circuit Court (Case #: CA P 08-564).
10 That case was dismissed by agreement on August 18, 2009;
11 �
12 11. In 2007, the BOCC approved a request by KLOR for a waiver to the inclusionary
13 housing requirements. The approval and conditions were memorialized in BOCC
14 Resolution#298-2007;
15
16 12. On July 13,2009,the County filed a motion with the Circuit Court to ratify and approve 0.
17 the Development Agreement. On August 22, 2009, the Circuit Court granted the
18 County's motion and adopted a"Master Development Schedule...as a guideline for the
19 parties to implement the Development Agreement." The Master Development
20 Schedule was never implemented because the KLOR Board was recalled and replaced E
21 in late 2009;
22
23 13. In 2009, the County sought to enjoin the use of the Park for habitation because of
24 numerous life safety violations. After touring the park,the Circuit Court Judge granted
25 the injunction and originally ordered the park to close as of January 15, 2010. That
26 deadline was extended, but the Court ultimately ordered the park closed for habitation
27 effective July 31, 2010 in an order dated June 22,2010. In the June 22, 2010 order, the
28 Court ordered that all illegal structures on the property be demolished by December 31,
29 2010;
30
31 14. On December 21, 2011, the Planning Commission approved a request by KLOR for a ca
32 major deviation to the major conditional use permit. The approval and conditions were
33 memorialized in Planning Commission Resolution#P49-11;
34
35 15. On August 20, 2014, the County Amended the Development Agreement with KLOR
36 through BOCC Resolution#196-2014.
37
38 16. On December 19, 2018, the County Amended the Development Agreement with
39 KLOR through BOCC Resolution#441-2018.
40
41 17. Florida Statutes §163.3220 authorizes Monroe County to enter into development
42 agreements with landowners and/or governmental agencies to encourage a stronger
43 commitment to comprehensive and capital facilities planning, ensure the provision of
44 adequate public facilities for development, encourage the efficient use of resources,
45 and reduce the economic cost of development;
46
47 18. Florida Statutes §163.3237 allows amendments to development agreements; and
48
49 WHEREAS, based upon the information and documentation submitted, the Board of
50 County Commissioners makes the following Conclusions of Law:
File#2020-001 Page 3 of 4 Packet Pg. 3735
P.8.a
1 1. The request is consistent with the provisions and intent of the Monroe County Land
2 Development Code; and
3
4 2. The request is consistent with the provisions and intent of the Monroe County Year
5 2030 Comprehensive Plan; and
6
7 3. The request is consistent with the Principles for Guiding Development in the Florida
8 Keys Area of Critical State Concern; and
9
10 4. The Agreement, among other things, is intended to and shall constitute a development
11 agreement among the Parties pursuant to the Florida Local Government Development
12 Agreement Act, Section 163.3223, et seq., Florida Statutes;
13
14 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
15 COMMISSIONERS OF MONROE COUNTY,FLORIDA,that the preceding Findings of Fact
16 and Conclusions of Law support its decision to APPROVE the proposed 3`d Amendment to the
17 Development Agreement between Monroe County and Key Largo Ocean Resort Condominium,
18 Inc.
19
20 m
21 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
22 at a regular meeting held on the day of , 2020. E
23
24 Mayor Heather Carruthers
25 Mayor pro tem Michelle Coldiron
26 Commissioner Craig Cates
27 Commissioner Sylvia Murphy
e
28 Commissioner David Rice
29
CJ
30 cJ
31 By
32 Mayor Heather Carruthers
33
34
35 (SEAL)
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36
37 ATTEST: KEVIN MADOK, CLERK
38
39
40 DEPUTY CLERK MoliftoE COW. TTORNEY
Ap7�"At.ro
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3�AWSTANTL;�WNTV AiceY
File#2020-001 Page 4 of 4 Packet Pg. 3736
P.8.b
18 23
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MEMORANDUM
MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
To: Monroe County Planning Commission
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Through: Emily Schemper, AICP, CFM, Senior Director of Planning & Environmental
Resources m
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From: Brad Stein, AICP, Planning and Development Review Manager Q
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Date: June 22, 2020 E
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Subject: Request for an Amendment to the Development Agreement between Monroe 2
County, Florida and Key Largo Ocean Resort Condominium Association, Inc. o
concerning Key Largo Ocean Resort Condominium, 94825 Overseas Highway,Key
Largo, approximate mile marker 95, having Parcel ID numbers 00483401-000000 m
through 00483401-028500 and 00483402-000000 (File 92020-001)
m
Meeting: June 24, 2020 Q
L
2 I REQUEST:
O
3 This is the Third (3rd) Amendment to the Development Agreement ("Amendment") J
Y
4 documented in Board of County Commissioners (BOCC) Resolution 9242-2006, amended in
5 Resolution 9196-2014 and Resolution 9441-2018, which relates to the continued
6 redevelopment of the recreational vehicle park to a condominium with a maximum of 285 °
7 single family detached dwelling units and accessory structures and uses including recreational
8 and maintenance facilities, resort office, bath houses grill/pub, club and docking facilities
1D including 76 boat slips. v
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12 Subject Property with Land Use District Overlaid(Aerial dated 2018)
BOCC Staff Report 07/15/2020
File#2020.001 3rd Amendment to KLOR Development Agreement Pa Packet Pg. 3737
P.B.b
I The material changes proposed by this 3rd Amendment are as follows:
2
3 1. 10-year time extension. The Development Agreement currently expires on June 30, 2020,
4 with the option for an administrative extension of up to 12 months, or June 30, 2021. The
5 applicant is requesting a new expiration date of 10 years from the effective date of this 3rd
6 Amendment.
7
8 2. Revision to the "Design Guidelines and Use Rules and Regulations For Development"
9 regarding internal setbacks, and height, to allow buildings on the site to be built to the 2
10 maximum height allowed by the flood protection height exceptions pursuant to Land
11 Development Code (LDC) Section 131-2(b). The current provisions of the Design Guidelines
12 specifically limit buildings to 35 feet in height. Under LDC Section 131-2(b), new buildings E
13 may be constructed up to 38 feet in height, and existing retrofitted buildings up to 40 feet in o
14 height, if they are voluntarily elevated and/or retrofitted to be above the required base flood
15 elevation. The applicant is requesting the Design Guidelines be updated through this 3rd
16 Amendment to allow buildings to be constructed up to the maximum height allowed by the
17 regulations of the LDC. E
18
19 11BACKGROUND INFORMATION: <
e(
20
21 Address: 94825 Overseas Highway, Key Largo, approximate mile marker 94.9 (Atlantic
22 Ocean side of US 1) 0
23 Legal Description: The Subject Property is described as a parcel of land in Sections 13 and �--
24 14, Township 62 South, Range 38 East, Key Largo, being part Tract 10 and part Tract 11 of �~
25 Southcliff Estates (plat book 2,page 45), Monroe County, Florida, having Parcel ID Numbers o
26 00483401-000100 through 00483401-028500 and 00483402-000000 (Full legal attached to
27 Development Agreement)
28 Parcel ID Numbers: 00483401-000100 through 00483401-028500 and 00483402-000000
c,
29 Property Owner/Applicant: Key Largo Ocean Resort Condominium Association, Inc.
30 Agent: Jim Saunders and Blaine Lounsbury
31 Size of Site: 25.2 acres (23.38 acres of upland and 1.82 acres of submerged land)
32 Land Use District: Urban Residential Mobile Home (URM)
33 Future Land Use Map (FLUM) Designation: Residential High (RH)
T_
34 Tier Designation: IH Infill Area ,
35 Existing Use: Development of detached dwelling units
N
36 Existing Vegetation / Habitat: Predominately scarified, with mangroves, buttonwood and
37 hammock along the northeastern property line
38 Community Character of Immediate Vicinity: Single family, multi-family residential and
39 commercial retail
40 Flood Zone: AE-EL 7, AE-EL 8, AE-EL 9, AE-EL 10, VE-EL 11, VE-EL 12 and VE-EL 15
41
42
43
BOCC Staff Report 07/15/2020
File 4 2020-001 3r'Amendment to KLOR Development Agreement pa Packet Pg. 3738
P.8.b
I III RELEVANT PRIOR COUNTY ACTIONS:
2
3 In 1994 and 1995, the Code Compliance Department began to pursue compliance with the
4 requirements of the Recreational Vehicle (RV) district on the subject property in order to
5 resolve violations related to construction carried out without the benefit of properly issued
6 building permits. The proceedings resulted in a lien being imposed against the entire park
7 since it was owned as one parcel_ In response, KLOR sought an injunction against Monroe
8 County. E
9
10 In 1996,the Circuit Court granted an injunction against Monroe County, Case 496-20160-CA-
11 22,preventing the Code Compliance Department from instituting further proceedings so as to
12 allow KLOR to seek a change of its land use district designation from RV to Urban Residential E
13 Mobile Home (URM) in order to resolve some of the code enforcement issues. In 2003, the o
14 Court ordered the parties into Mediation,which resulted in a Settlement Agreement, signed by
15 the parties in June 2003 and approved by the Court on August 4,2003,which authorized KLOR
16 to apply for a Development Agreement.
17 E
18 In 2004, the FLUM designation was modified. The FLUM category of Real Estate Number
19 (RE) 00483400-000000 and RE 00483390-000000 was amended from Mixed Use / <
20 Commercial (MC) to Residential High (RH). The approval is memorialized by Ordinance
21 4023-2004.
22
23 In 2004, the land use district designations were modified. The land use district of RE
24 00483400-000000 was amended from RV to URM. The land use district of RE 00483390-
25 000000 was amended from Improved Subdivision(IS)to URM. The approval is memorialized
26 by Ordinance 4024-2004.
27
28 In 2006, the County entered into a Development Agreement with KLOR to comply with the
29 Settlement Agreement. The Development Agreement provided conceptual approval of a plan
30 to redevelop the site. Approval of the development agreement was further documented in
31 BOCC Resolution 4242-2006. 0
32
33 Pursuant to Section I of the Development Agreement, its purpose is A) to agree on a phased
34 program of remedial actions and resort-wide improvements to achieve compliance with the
35 requirements of the URM district, such that not more than 285 of the existing manufactured T_
CD
36 homes or single-family detached homes elevated to the levels required by Monroe County's
37 floodplain regulations; B) to allow KLOR to retain temporarily, pursuant to the terms of the
38 Development Agreement, some of the conforming, or accessory to a permitted use structures,
39 and uses permitted by Monroe County prior to 1990 or established as otherwise lawfully in
40 existence on the property prior to 1990; C) to allow KLOR to retain as conforming the
41 permitted existing grill/pub, bathrooms, office and docking facilities for 65 wet slips and club
42 establishments as accessory uses to the principal residential uses; and D) to establish specific C
43 development and permit approvals and processes required for bringing KLOR into compliance
44 with Monroe County land development regulations, building codes and fire safety codes.
45
46 Resolution 4242-2006 was passed and adopted on June 21, 2006. The Development
47 Agreement was filed and recorded on August 17, 2006. The effective date was 30 days after
BOCC Staff Report 07/15/2020
File 4 2020-001 31d Amendment to KLOR Development Agreement pa Packet Pg. 3739
P.8.b
I the duly signed and recorded agreement was received by the Florida Department of
2 Community Affairs (DCA). The DCA received the recorded document on August 24, 2006
3 and on September 21, 2006 issued a letter to Monroe County stating they would not appeal.
4 Therefore,the effective date of the Development Agreement as originally contemplated by the
5 County and KLOR was September 24, 2006. Per Section II(B) of the Development
6 Agreement, the agreement shall remain in effect for a period of seven years, commencing on
7 the effective date.
a�
8
9 In 2007, the Planning Commission approved a request by KLOR for a major conditional use 2
10 permit to approve the redevelopment plan and site plan. The approval and conditions were
11 memorialized in Planning Commission Resolution 4P35-07. This approval applied to the
12 redevelopment of the entire subject property and was reliant on the additional approval of the E
13 Development Agreement. o
14
15 In 2007, the BOCC approved a request by KLOR for a waiver to the inclusionary housing
16 requirements. The approval and conditions were memorialized in BOCC Resolution 4298-
17 2007. This approval applied to the redevelopment of the entire subject property and was reliant E
18 on the additional approval of the Development Agreement and the major conditional use permit
19 approved by Resolution 4P35-07.
20
21 Following its issuance, Resolution 4P35-07 was appealed to the State of Florida Division of
22 Administrative Hearings (DOAH). The appeal (Case 407-5390) was filed within the 30-day
23 public appeal period. Following a review by DOAH, the case was dismissed, documented by
24 a final order of dismissal signed by Bram D. E. Canter, Administrative Law Judge, on June 25,
25 2008. A KLOR resident named Maria Barroso appealed that order to the Circuit Court (Case
26 #: CA P 08-564). That case was dismissed by agreement on August 18, 2009 as more fully
27 explained in the following paragraph.
28
29 The site plan approved in Resolution 4P35-07 became the subject of litigation in the settled
30 lien foreclosure case (Case #: CA P 96-160). As part of that collateral litigation, KLOR filed
31 a petition for declaratory statement within the context of the settled lien foreclosure case,which 0
32 asked the Court to determine if the site plan that was approved in Resolution 4P35-07 had been
33 validly approved by the KLOR members. On October 10, 2008, the Circuit Court entered an
34 order construing F.S. 719.1055 to mean that 100% of the KLOR members would have to have
35 approved the site plan because, if implemented, the"lots" would be materially altered. KLOR T-
CD
36 challenged that decision in the Third District Court of Appeals. (Case #: 3d08-2711). On
37 February 4, 2009, the Third District Court of Appeals reversed the Circuit Court decision and
38 held that the original site plan had been properly approved even though it had garnered less
39 than 100% approval (Key Largo Ocean Resort Co-Op., Inc. v. Monroe County, 5 So.3d 31
40 (Fla. 3d DCA 2009)). Maria Barroso and other KLOR members sought discretionary review
41 of the Third District Court of Appeals' decision in the Florida Supreme Court (Case #: SC09-
42 678). On June 11, 2009, the Florida Supreme Court declined to exercise jurisdiction over the C
43 case,thus rendering the decision of the Third District Court of Appeals final. Jurisdiction over
44 the matter returned to the Circuit Court shortly thereafter. Because Ms. Barroso's issues with
45 the site plan approved in Resolution 4P35-07 had been resolved adversely to her as a result of
46 the appellate courts decisions, she dismissed her appeal in CA P 08-564 in August of 2009.
47
BOCC Staff Report 07/15/2020
File 4 2020-001 31d Amendment to KLOR Development Agreement pa Packet Pg. 3740
P.8.b
I On July 13, 2009, the County moved the Circuit Court to ratify and approve the Development
2 Agreement. On August 22, 2009, the Circuit Court granted the County's motion and adopted
3 a "Master Development Schedule...as a guideline for the parties to implement the
4 Development Agreement." The Master Development Schedule was never implemented
5 because the KLOR Board was recalled and replaced in late 2009.
6
7 Contemporaneously, the County sought to enjoin the use of the Park for habitation because of
8 numerous life safety violations. After touring the park,the Circuit Court granted the injunction E
9 and originally ordered the park to close as of January 15, 2010. That deadline was extended a 2
10 couple of times but the Court ultimately ordered the park closed for habitation effective July
11 31, 2010 in an order dated June 22, 2010. In the June 22, 2010 order, the Court ordered that
12 all illegal structures on the property to be demolished by December 31, 2010. E
13 2
14 Since August 22, 2009 is the most recent effective date for the Development Agreement that
15 has been approved by the Court, the seven year time period for completing the Development
16 Agreement commenced on that date.
17 E
18 The redevelopment plan approved under the Development Agreement and Resolution 4P35-
19 07 has not been completed. <
20
21 On October 1, 2010, the Planning & Environmental Resources Department issued a letter of
22 understanding concerning the proposal to the applicant. Following discussions with the
23 applicant about the content, the letter was revised and re-issued on October 27, 2010. The
24 letter followed a pre-application conference held on August 4, 2010.
25
26 In 2010, the applicant submitted a similar major deviation application. The application was
27 reviewed by the Development Review Committee and Planning Commission; however it was
28 withdrawn by the applicant prior to a decision by the Planning Commission in order for the
29 applicant to resolve some issues.
0
30
31 At their August 2011 and November 2011 meeting, the BOCC reviewed the status of the 0
32 Development Agreement.
33
34 On December 21, 2011, the Planning Commission approved a request by KLOR for a major
35 deviation to the major conditional use permit. The approval and conditions were memorialized T_
36 in Planning Commission Resolution 4P49-11.
37
38 On August 20, 2014, the County Amended the Development Agreement with KLOR through
39 BOCC Resolution 4196-2014. The changes to the amended development agreement included
40 the following:
41 • Changing the agreement from Key Largo Ocean Resort Co-op to Key Largo Ocean
42 Resort Condominium Association, Inc. which is the successor in interest to the Co-op.
43 • Reflect the current status of the project to include defining the completion of the
44 remedial actions including the completed demo work with closed permit numbers.
45 • Update the status of improvements to achieve compliance with the requirements of the
46 Urban Residential Mobile-Home district including active building permits for site work
47 and construction of accessory structures.
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1 • Change in Marina slips from 65 to 76.
2 • Change in benchmark dates to incorporate court established dates.
3 • Establish that the current common areas and building in these areas such as marina
4 building, clubhouse,pool tennis courts, etc. may be demolished and replaced with new
5 structures within the areas these elements exist.
6 • Explain conversion from Co-op to Condominium that has 285 individual lots deeded
7 to individual owners and identify the development process for individual owners.
8 • The original agreement allowed road ready RVs for a period of five (5)years from the 0)
9 effective date of the Site Redevelopment Plan. The new agreement would allow road 2,
10 ready RVs for a period not to extend beyond December 31, 2016.
11
12 In 2017, the applicant submitted a minor deviation application to the previously approved 0.
13 Major Conditional Use approved by Planning Commission Resolution 4P35-07, with Major 2
14 Deviation approved by Planning Commission Resolution 4P49-11. The application was
15 reviewed and approved administratively for the minor deviation on March 16, 2017 and
16 recorded in the official records with the Monroe County Clerk's Office, Book 2849, Pages
17 2372-2402.
18
19 On December 19, 2018,the County voted to Amend the Development Agreement with KLOR �C
20 through BOCC Resolution 4441-2018. This Second (2nd) Amendment was for the extension
21 of the agreement for a period of eighteen (18) months, or until June 30, 2020, with an option
22 to administratively extend the Amendment for an additional twelve (12) months or until June J
23 30, 2021, upon agreement between KLOR and the County.
24
25 IV REVIEW OF APPLICATION:
26 >
27 The review of development agreements is set forth in Chapter 110, Article V, Sections 110-
28 132 and 110-133 of the Monroe County Land Development Code (LDC). The BOCC has
29 authority to enter into a development agreement by resolution with any person having a legal
30 or equitable interest in real property located within the unincorporated areas of the county if,
31 the development agreement meets all of the requirements of the Florida Local Government 0
32 Development Agreement Act, F.S. §§ 163.3220163.3243; provided, however, that the
33 duration of the development agreement shall not exceed ten (10) years, and any duration
34 specified in a development agreement shall supersede any conflicting duration otherwise v)
35 specified in the Land Development Code.
36
37 Pursuant to LDC Section 110-133(b)(1), Requirements of a development agreement, a
38 development agreement shall include the following:
39
40 a) A legal description of the land subject to the agreement, and the names of its legal and
41 equitable owners:
42
43 In the First Amendment, a full legal description is provided in Exhibit A.First Amendment
44
45 Ownership is described on page 1 line 7. Third Amendment
46
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P.8.b
I b) The duration of the agreement:
2
3 Amended pursuant to Section ILB. of the proposed Third Amendment to Development
4 Agreement, on page 5, for a period of ten (10) years after the effective date. Third
5 Amendment
6
7 c) The development uses permitted on the land, including population densities, and building
8 intensities and height: E
9
10 Permitted uses on the land, population densities, and building intensities are provided in
11 Section II(C) on pages 4 and 5. First Amendment
12 E
13 The height of the structures are part of the proposed"Design Guidelines and Use Rules and o
14 Regulations for Development" (Guidelines) as mentioned in section I.A. on page 5. The
15 proposed changes to the guidelines are to revise the internal setbacks for placement of the
16 non-combustible stairs and height to allow for the units to be built to the allowable height
17 pursuant to Land Development Code Section 131-2(b). The proposed language is E
18 consistent with (or more restrictive than)the Land Development Code.
19 E
<
20 From page 10 of Revised guidelines as part of Third Amendment:
A nan-combustible stairway$turn they ground floor to the first eleva:t d habitable level is
permitted within the side setback area.. Defer to the vertical c:irc7alation section for the
minimuurn requirements if this stairway is part,of the design. .�.
21
22
23 From pages 11 and 12 of Revised guidelines as part of Third Amendment: .2
The Nlaxirnu nt Structure Height shall be the highest elevation as approved by, Monroe �
County Land Developritent Regulations lattior s or froin whatever other approval Monroe county ca
uses to set rani .urn height elevations to be measured from the edges of pavement
directly in front of the unit, vertically up to the highest point of theStructure's roof,
24
25
26 d) A description of public facilities that will service the development, including who shall
27 provide such facilities; the date any new facilities, if needed, will be constructed; and a
28 schedule to assure public facilities are available concurrent with the impacts of the va
29 development:
30
31 A description of public facilities is stated in section II(D) on page 5. First Amendment c„
32
33 e) A description of any reservation or dedication of land for public purposes: E
34
35 There will be no reservation or dedication of land for public purpose. This is stated in in
36 section II(E) on page 6. Original Agreement
37
38 f) A description of all local development permits approved or needed to be approved for the
39 development of the land:
40
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I A description of all local development permits approved or needed to be approved for the
2 development of the land is stated in section 11 (F) on page 5 and 6. First Amendment
3
4 g) A finding that the development permitted or proposed is consistent with the local
5 government's comprehensive plan and land development regulations:
6
7 A finding of consistency is stated in section II(G) on page 8. Original Agreement
8 E
9 h) A description of any conditions,terms,restrictions, or other requirements determined to be
10 necessary by the local government for the public health, safety, or welfare of its citizens:
11 �
12 A description of any conditions, terms, restrictions or other requirements is not provided E
13 in any particular single section. Such conditions,terms,restrictions and other requirements o
14 are provided throughout the agreement. Original Agreement
15
16 i) A statement indicating that the failure of the agreement to address a particular permit,
17 condition,term, or restriction shall not relieve the developer of the necessity of complying E
18 with the law governing said permitting requirements, conditions, term, or restriction:
19 E
e(
20 Breach, amendment, enforcement and termination of the development provisions are
21 provided in section II(H) on pages 6 through 8. First Amendment
22
23 V RECOMMENDATION:
24
25 The Planning & Environmental Resources Department recommends approval of the Third
26 Amendment to Development Agreement.
27
28 VI ATTACHMENTS:
29
30 • Proposed 3rd Amendment to Development Agreement
31 • Development Agreement/Resolution 242-2006 0
32 • 1st Amendment to Development Agreement/Resolution 196-2014
33 • 2nd Amendment to Development Agreement/Resolution 441-2018
34 v)
T-
CD
cv
CD
cv
U
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DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (Agreement) is binding on the "effective
date" as set forth herein between Monroe County, a political subdivision of the State of
Florida (Count
y),y), and Key Largo Ocean Resorts, Co-op, Inc. (KLOR). �
WITNESSETH
WHEREAS, KLOR is the owner of real property on Key Largo, Monroe County,
Florida, located at approximately mile marker 95 of US Highway 1 fronting on the
Atlantic Ocean (Property), the legal description of which is contained in Exhibit A —
Survey of the Key Largo Ocean Resorts Property, attached hereto and made a part
hereof(Survey); and E
WHEREAS, there are two hundred eighty-five (285) lots within the KLOR resort
which provide for seasonal transient and permanent housing, together with amenities
including marina, tennis courts, swimming pool, recreation building, boat ramp,
clubhouse, boat trailer parking., open space and administrative offices (Resort); and
N
WHEREAS, the Resort has been operating for over twenty-five (25) years
N
providing the lease of lots to KLOR stockholders who have placed their individually
owned. recreational vehicles, mobile homes or park model homes on the lots shown on
the Survey of the property; and
WHEREAS, from the Resort's inception until approximately 1989, Monroe
County provided valid building permits to locate mobile homes and park model homes on
the Property requiring that they be tied down for hurricane force wind protection; and E
WHEREAS, the County provided other building permits for screen room
enclosures and other permanent structures on the Property; and
WHEREAS, the Resort and the individuals leasing lots from KLOR reasonably 0.
relied upon the permits granted by the County and the oral representations made by
members of the building department from the Resort's inception; and
WHEREAS, the Monroe County 2010 Comprehensive Plan, until December
2004, designated all the parcels of the Property as "Mixed Use/Commercial" on its Future
Land Use Map; and
WHEREAS, the Property had been designated as being within the "Recreational
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Vehicle" (RV) land use district from September 15, 1986, until February 2005, which
allowed only transient use of properties within the district and not permanent dwellings
or structures; and
WHEREAS, in 1997 the Resort purchased approximately 2.0 acres of additional
property consisting of both uplands and wetlands designated "Improved Subdivision".
also known as the Northeast 100 feet of the Southeasterly 1/2 of Tract 9, SOUTHCLIFF
ESTATES, in order to increase the open space area of the Property and to provide
additional setbacks, which property is shown as Residential Medium on the County's
Future Land Use Maps; and
E
WHEREAS, on January 1.6, 2002, the Monroe County Board of County
Commissioners by eminent domain action acquired 9,3118 square feet of the
aforementioned portion of Tract 9; and
WHEREAS, over time, structures have been placed within the Resort without the
benefit of a building permit, or with a permit erroneously issued by Monroe County or
lawfully constructed for which no permit history can be found; and
N
WHEREAS, the Resort has the appearance of a mobile home park as the result of
the permanent structures being placed in the Resort and the improvements to them being e
with or without benefit of permit; and y
WHEREAS, in 1994 and 1995, the Monroe County Code Enforcement
Department began to actively pursue compliance with the requirements of recreational
vehicle zoning of the Resort and construction without the benefit of properly issued
building permits; and
WHEREAS, 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 land use district; and e
WHEREAS, the Circuit Court of Monroe County granted an injunction against
the County, Case Number 96-20160-CA-22, to allow KLOR to seek a change of its land
use district designation from "Recreational Vehicle" (RV) designation to "Urban
Residential Mobile Home" (URM) in order to resolve some of the code enforcement
issues; and
WHEREAS, the Court ordered the parties into Mediation, which resulted in a
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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; and
WHEREAS, acting in reliance on the Settlement Agreement, KLOR submitted a
proposed Development Agreement to the County; and
WHEREAS, KLOR filed an application to amend the Future Land Use Map
designation from Mixed Use/Commercial to High Density Residential and from
Residential Medium to Residential High; and
WHEREAS, On August 18, 2004, by unanimous vote, the BOCC approved the
amendments to the Future Land Use Map; and
WHEREAS, On August 18, 2004, the BOCC also unanimously approved
amendments to the Land Use District Map to classify the property as Urban Residential
Mobile Home: and
WHEREAS, the Florida Department of Community Affairs found the proposed
amendments to the Future Land Use Map in compliance in December 2004, and
N
approved the amendments to the Land Use District Map in February 2005; and
WHEREAS, both the County and KLOR realize that the change of the land use
designation will not resolve all of the code enforcement issues at the Resort; and
WHEREAS, both the County and KLOR recognize that the public noticing and
hearing procedures shall follow the requirements of F.S. 163.3225, which require a public
hearing in front of both the Planning Commission and the Board of County
Commissioners for consideration of a Development Agreement; and
WHEREAS, Exhibit B - Structure Status and Compliance Actions at Key
Largo Ocean Resorts and Verification of Structure Age/Insurance, attached hereto
0.
and made a part hereof, contains an agreed upon comprehensive listing of all structures e
and development activity {i.e. tie-downs) permitted or not on each of the two hundred
eighty-five (285) lots within the Resort and lists all of the permits previously granted and
the requirements for additional permits required for all structures not vested or otherwise
protected, which data has been reviewed and updated through site visits, review of county
and KLOR records to reflect existing conditions; and
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January 31,2006
Packet Pg. 3747
WHEREAS, the County and KLOR agree that the data presented in Exhibit B
attached hereto is supplemented with data collected by the Monroe County Property
Appraiser's Office between August 1995 and January 1996, and, as such, represents a
statement of the conditions of the Resort at that time and any subsequent permits issued
that met the requirements of the County Land Development Regulations and Building
Code at that time, but it may not reflect all lawful activity on the property for which the
0.
County does not have accurate records, but are demonstrable on the site, such as tie-
downs, slabs and similar activities that could have been lawfully permitted; and
WHEREAS, Section 163.3220, Florida Statutes, authorizes the County to enter
into 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; and
WHEREAS, the Monroe County Year 2010 Comprehensive Plan
(Comprehensive Plan) contains objectives and policies that seek to reduce the frequency
N
of uses inconsistent with the Land Development Regulations and the Future Land Use
Map (Objective 101.8) and the objectives of the Settlement Agreement between KLOR e
and the County; and
WHEREAS, the County finds that entering into this Agreement furthers the
purposes, goals, objectives, and policies of the Comprehensive Plan.
NOW THEREFORE, the parties do hereby agree as follows:
I. PURPOSES a
The purposes of this Agreement are as follows:
A. To agree on a phased program of remedial actions and Resort wide E
0.
improvements to achieve compliance with the requirements of the Urban 2
Residential Mobile Home district, such that not more than 285 of the existing
manufactured homes and RV units may be replaced with compliant
manufactured homes or single family-detached homes elevated to the levels
required by the County's flood Plain regulations.
B. To allow the Resort to retain temporarily pursuant to the terms of this
Agreement some of the conforming, or accessory to a permitted use structures,
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and uses permitted by the County prior to 1990 or established as otherwise
lawfully in existence on the property prior to 1990.
C. To allow the KLOR to retain as conforming the permitted existing grill/pub,
bathrooms, office and docking facilities for 65 wet slips and club
establishments as accessory uses to the principal residential uses.
D. To establish specific development and permit approvals and processes required
bringing the Resort into compliance with County Land Development
Regulations, Building and Fire Safety Codes.
11. AGREEMENT REQUIREMENTS
The parties recognize the binding effect of Sections 163,3220-163.3243, Florida Statutes,
as to the form and content of this Agreement and in accordance therewith set forth and
agree to the following:
A. Legal Description and Ownership
The legal descriptions for the properties that are subject to this Agreement are set forth in
N
Exhibit A—Survey of the Key Largo Ocean Resorts Property.
N
B. Duration of Agreement
This Agreement shall remain in effect for seven (7) years from its effective date as
defined herein. It is the intention of Monroe County 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.
C. Permitted Uses
The development and uses permitted on the Property, including population densities,
building intensities and structure heights and total acreage of the site are:
c
1. The development of not more than two hundred eighty-five (285) lots with one
manufactured home or single family-detached dwelling unit and accessory
structures per lot on the KLOR Property, together with the amenities as shown
on the Survey (Exhibit A).
2. Accessory structures and uses including: recreational and maintenance
facilities, resort offices, bath houses, grill/pub, club and docking facilities
including 65 boat slips, wastewater treatment plant and boat/trailer parking.
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3. The unit density is one manufactured or single family-detached home per lot,
which is 13.6_units per gross acre. The population density is estimated at
approximately 570 persons.
4. Building intensity for the accessory low to medium intensity commercial retail
and office use is limited to the aggregate amounts as shown on Exhibit A for
such uses. Community open space shall be no less than 102,000 square feet.
5. Building height is limited to 35 feet.
6. Total acreage of the site is 20.9 acres.
For the duration of this Agreement, the parties agree that any and all of the approved
development shall comply with and be controlled by this Agreement, the Land
Development Regulations, and the Comprehensive Plan governing the development of
the land effective when Monroe County and KLOR execute this Agreement as authorized
by Section 163.3220, Florida Statutes.
D. Public Facilities `✓
1. The Florida Keys Aqueduct Authority provides domestic potable water to the
N
Property.
2. Electric service is provided by Florida Keys Electric Cooperative to the
0
Property.
3. Solid waste service is provided to the Property by a solid waste collection system
franchised by Monroe County.
4. KLOR shall provide wastewater, treatment and sewage collection and disposal to
W
the Property via onsite systems, which will be upgraded to 2010 standards as 2
may be required by law if no community wide system is available by 2010.
5. When the Key Largo Wastewater Treatment District facilities become available
c
KLOR agrees to connect to same. KLOR further agrees to require to the extent
that it is able that all unit owners within KLOR connect to same and require such
connection in any transfer documents to unit owners. E
E. Reservation or Dedication of Land
There is no reservation or dedication of land for public purpose contemplated by this
Agreement.
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Packet Pg. 3750
F. Local Development Permits
The following is a list of all development permits approved or needed to be approved for
the development of the Property as specified and requested in this Agreement:
1. All required Federal, State, South Florida Water Management District, and
Monroe County permits for stormwater when necessary, if required.
2. Federal, State and County permits, as required, for docking facilities.
3. Demolition or renovation permits as necessary for the elimination of
structures which cannot be permitted according to the regulations pertaining to
mobile home parks and Urban Residential Mobile Home Land Use District
Regulations as of the effective date of this Agreement.
4. KLOR shall submit a complete site redevelopment plan application package to
the County for the redevelopment of no less than 285 units of the Resort to the
standards and conditions of this Agreement and the County's Land
Development Regulations to the extent applicable and not inconsistent with
this Agreement. This site redevelopment package, referred to hereinafter as
N
"Site Redevelopment Plan", shall be submitted to the County within one-
hundred twenty (120) days from the effective date of this Agreement and shall e
be noticed in accordance with Section 9.5-45 Monroe County Code (MCC)
and reviewed and approved pursuant to the process for major conditional uses
in Section 9.5-69(b) through (d.), MCC. The application fee for the Site
Redevelopment Plan shall be the same as that for major conditional use. At a
minimum, the Site Redevelopment Application Package shall contain: (1) a
site plan depicting detailed wastewater collection system, stormwater
management, landscaping, access and road improvements, fire suppression
facilities, and utility relocations; and (2) a site plan for manufactured and e
single family-detached home lots depicting the construction envelope on each
leased space for the siting of compliant manufactured and single family-
detached homes and accessory structures, and including plans for adequately
sized wastewater collection facilities.
5. Building and related construction permits for land clearing, adequately sized
wastewater collection facilities, stormwater facilities, utilities and road
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improvements, as appropriate to implement the conditional use order and this
Agreement.
G. Finding of Consistency
By entering into this Agreement, Monroe County finds that the development permitted or
proposed herein is consistent with and furthers the County's Comprehensive Plan and
Land Development Regulations.
0.
H. Breach, Amendment, Enforcement, and Termination
Exclusive of any others except those imposed by law, the following additional conditions, W
terms, restrictions, or other requirements are also determined by the parties to be
necessary for the execution and enforcement of this Agreement:
1. Breach of Agreement and Cure Provisions
a. Upon KLOR's material breach of the terms and conditions of this
Agreement, Monroe County shall serve written notice on and shall
provide KLOR the opportunity, within ninety (90) days, to propose a
method of fulfilling the Agreement's terms and conditions or curing the
N
breach. Monroe County shall allow KLOR an opportunity to cure the
breach or to negotiate an amendment to this Agreement within a e
reasonable time, not to exceed ninety (90) days after KLOR response or y
proposal, absent exigent circumstances.
b. The following events, unless caused by fire, storms, floods, other acts of
God, or events beyond the control of KLOR are to be considered a
material breach of this Agreement: (1) the failure to comply with the
provisions of this Agreement or the application for permits to effectuate
the actions required and described in herein; (2) the failure to maintain
conditions placed on permits or approvals contained in or issued as a
direct result of this Agreement; (3) the failure to comply with applicable
permitting requirements of Monroe County after notice and opportunity
within ninety (90) days to commence to comply with such permitting
requirements or, if applicable. to commence compliance with such
requirements and have completed within a reasonable time as mutually
agreed by the parties if compliance requires more than sixty (60) days.
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E
2. Amendment, Termination, or Revocation
The parties hereto shall at all times adhere to the terms and conditions of this
Agreement. Amendment, termination, extension, or revocation of this Agreement
shall be made in accordance with the notification and procedural requirements set
forth herein. Amendments to this Agreement shall subject KLOR to the laws and
policies in effect at the time of the amendment only if the conditions of Section
163.3233(2), Florida Statutes, are met. It is further agreed that no modifications,
extensions, amendments, or alterations of the terms or conditions contained herein
shall be effective unless contained in a written document approved and executed
by the parties to this Agreement.
3. Hearing Requirements
a. Before amending, terminating, or revoking this Agreement, Monroe County
shall conduct at least two (2) public hearings. The hearings shall be held
pursuant to an application filed with Monroe County by the party seeking to
amend, terminate or revoke this Agreement, along with the requisite filing
N
fee.
C
b. Notice of intent to amend, terminate, or revoke this Agreement shall be
advertised at least seven (7) days before the public hearing in a newspaper of
general circulation and readership in Monroe County. The day, time, and
place of any further public hearing shall be announced at the first public
hearing and the date thereof shall be advertised at least seven (7) days before
such public hearing. The notices shall specify the location of the property
subject to this Agreement, the development uses proposed on the property,
the proposed population densities, and the proposed building intensities and
height, and shall specify a place where a copy of the proposed amendment, e
termination or revocation, and supporting information can be obtained.
4. State and Federal Law
E
If State or Federal laws enacted after the effective date of this Agreement
preclude any party's compliance with the terms of this Agreement, this
Agreement shall be modified as is necessary to comply with the relevant State or
Federal laws; however, this Agreement shall not be construed to waive or
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Packet Pg. 3753
supersede any contention under law that KLOR has acquired vested rights under
prior law.
5. Enforcement
a. If Monroe County, through its Growth Management Division, finds that
KLOR or a successor is in material breach of this Agreement, and after
notice is given as provided herein to respond to or cure said breach, KLOR
fails within a reasonable time to respond, cure, or secure and amendment
resolving the breach, Monroe County may utilize appropriate code
enforcement remedies to care any breach or seek through the Circuit Court
of Monroe County enforcement of the provisions of the Settlement
Agreement approved by the Court on August 4, 2003.
b. Monroe County, KLOR, their successors or assigns, or any aggrieved or any
adversely affected person as defined in Section 163.3215(2), Florida
Statutes, may file an action for injunctive relief in the Circuit Court of
Monroe County to enforce the terms of this Agreement or to challenge
N
compliance with the provisions of Sections 163.3243, Florida Statutes.
c. Nothing contained herein shall limit any other powers, rights, or remedies e
that any party has, or may have in the future, to enforce the terms of this y
Agreement.
1QI. Compliance with Other Laws
The failure of this Agreement to address a particular permit, condition, term, or
restriction shall not relieve KLOR of the necessity of complying with the laws governing
said permitting requirements, conditions, terms or restrictions
IV. Additional Provisions
c
A. Permits
KLOR, its lessees or cooperative members shall apply for all the building or demolition
permits required to bring existing improvements and structures into compliance to
replace existing manufactured homes or RVs with compliant manufactured or single
family-detached homes. The compliance schedule to submit applications for building and
demolition permits for compliance and replacement of existing non-compliant structures
shall be identified by individual lot number in the Site Redevelopment Plan required by
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section I1 F. 4, provided that: (1) all permit applications shall be applied for within three
( 3 ) years from the effective date of the Site Redevelopment Plan; (2) at a minimum, 75
lots shall be brought into full compliance with Chapter 6.0 and Chapter 9.5, Monroe
County Code and this Development Agreement within one year from the effective date of
the Site Redevelopment Plan and at least fifty (50) lots each year thereafter until all the
structures and improvements on all lots are in full compliance; and, (3) all lots shall be in
0.
full compliance with Chapter 6.0 and Chapter 9.5, Monroe County Code and this
Development Agreement by no later than six ( 6 ) years from the effective date of the
Site Redevelopment Plan. However, the County must be presented with written
certification on forms approved by the County, in advance, that the KLOR management,
specifically its President and Board of Directors, has approved the individual permit
application. All work authorized by said permits shall be completed in accordance with
Chapter 6 and Chapter 9.5, Monroe County Code. Permits required for roads, fire
suppression, stormwater, landscaping, utility relocations, and other community facilities
or improvements shall be applied for by KLOR, its lessees and cooperative members,
N
pursuant to the approved Site Redevelopment Plan within a period of one (1) year from
the effective date of the Site Redevelopment Plan. In regard to the submittal of permit e
applications to bring lots into compliance, both parties recognize that the time
requirements under the Florida Building Code for the processing of permit applications
by the County's Building Department may not be strictly adhered to in order to: allow the
County staff sufficient time to properly review and approve all these applications, given
the three year submittal deadline for applications; and, to provide greater flexibility to
KLOR, its lessees or successors in meeting the five-year compliance schedule.
B. Vesting and Compliance Policies
The following are the policies and standards for the vesting of certain improvements and e
compliance actions that govern the specific compliance actions required and which shall
be followed in implementing the terms and conditions of this agreement:
1. Any improvements except as noted below for driveways other surface cover
improvements, that have been made without a permit shall be removed, including
below base flood ground mounted air conditioning condensers except where after-
the-fact permits can be issued.
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2. All unpermitted impervious surface improvements, such as concrete or asphalt
driveways and slabs, may be retained except where they are required to be
removed by this Agreement or the approved Site Redevelopment Plan.
3. As defined in the Land Development Regulations, all non-road ready park
models, other recreational vehicles, or non-compliant manufactured homes in
place prior to 1990 or that received a permit for the replacement by the County
0.
after that date shall be allowed to remain in place until such time as they are
required in accordance with the Site Redevelopment Plan to be replaced by a
compliant manufactured or single family-detached home or brought into
compliance with the County's floodplain regulations. However, all unpermitted
attachments, enclosures or other improvements shall be removed except where an
after-the-fact permit can be issued. The County shall allow permits, on a case-by-
case basis, for minor repair to trailers and park models resulting from the
demolition of unpermitted attached structures.
4. The date on the RV's title document or KLOR's required insurance verification
N
listed on Exhibit B — Structure Status and Compliance Actions at Key Largo
Ocean Resorts and Verification of Structure Age/Insurance attached hereto e
and Vehicle Identification Number or Vehicle Tag shall be used to resolve any y
disagreement over the date of the placement of an RV.
S. All non-road ready park models, other recreational vehicles, or manufactured
homes in place after 1989 and without a permit for placement by the County shall
be removed or brought into compliance with the County's floodplain regulations
in accordance with the Site Redevelopment Plan. After their removal they may be
temporarily replaced on their individual lots by a road ready RV for a period of
five (5) from the effective date of the Site Redevelopment Plan, or permanently e
replaced with a compliant manufactured home or single family-detached home at
or above base flood elevation.
6. Lot owners delinquent on payment of the Monroe County license tax pursuant to
Section 320.08 Florida Statutes, shall be required to pay in full any outstanding
balance and delinquent fees to the Monroe County Office of Tax Collector prior
to issuance of any permit under this Agreement.
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f
C. Impact Fees
Each lot owner shall be required to pay impact fees prior to the issuance of a permit
authorizing a compliant manufactured home or single family-detached home on their lot.
This impact fee shall be $1,229.00 for manufactured homes and $1,534 for single family- E
detached homes.
D. Special Development Standards
0.
1. The Site Redevelopment Plan shall insure that the configuration of manufactured
homes meets the separation requirement of NFPA 501 A - Standard for Fire Safety
Criteria for Manufactured Home Installations, Sites and Communities to the
maximum extent practicable without the removal of units.
2. The Site Redevelopment Plan shall address the life safety and fire protection
issues raised in the September 19, 2003 letter from Assistant Fire Marshal
Romero to Mr. Donald Craig AICP, which is attached herein to this Agreement as
Exhibit C.
3. KLOR shall be entitled to a maximum of 284 units on the site or 285 units, upon
N
providing documentation verifying existence of this unit, which is to be submitted
with and approved as part of the Site Redevelopment Plan. Should the approved e
Site Redevelopment Plan result in less in this maximum limit recognized by the y
County, any units transferred all off-site shall be only for affordable housing.
Within sixty (60) days of the effective date of the Site Redevelopment Plan,
KLOR shall record in the public records a restrictive covenant on the property
running in favor of the County that limits the number of residential units on the
property to the number approved under the Site Redevelopment Plan.
4. Pursuant to paragraph B. above, road ready recreational vehicles may be
temporarily placed on individual lots for a period of five (5) years from the e
effective date of the Site Redevelopment Plan after which only manufactured or
modular homes shall be authorized to be placed on any of the lots.
5. The Board of County Commissioners hereby reserves the right to review and
amend the Site Redevelopment Plan consistent with this Agreement. KLOR may
petition the Board of County Commissions to review the Site Redevelopment
Plan approved by the Planning Commission.
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E. Recording
The County shall record this Agreement with the Clerk of the Circuit Court of Monroe
County within fourteen (14) days following signature by all parties. Recording fees shall
be paid by KLOR.
F. Entire Agreement
This Agreement incorporates and includes all prior negotiations, correspondence,
conversations, agreements, or understandings applicable to the matters contained herein
and the parties agree that there are no commitments, agreements, or understandings
concerning the subject matter of this Agreement that are not contained in or incorporated
into this document; accordingly, it is agreed that no deviation from the terms hereof shall
be predicated upon any prior representations or agreements, whether oral or written.
G. Severability
If any part of this Agreement is contrary to, prohibited by, or deemed invalid under any
applicable law or regulation, such provisions shall be inapplicable and deemed omitted to
the extent so contrary, prohibited, or invalid; however, the remainder here shall not be
N
invalidated thereby and shall be given full force and effect.
H. Jurisdiction and Governing Law e
The parties hereto agree that any and all suits or actions at law shall be brought in y
Monroe County, Monroe County, Florida, and no other jurisdiction. This Agreement
shall be construed and interpreted under the laws of the State of Florida.
I. Conflicting Resolutions
All resolutions or parts thereof in conflict with the provisions of this Agreement and its
resolution are hereby repealed to the extent of such conflict.
J. Successors and Assigns
This Agreement shall be binding upon the parties hereto, their successors in interest, e
heirs, assigns, and personal representatives.
K. Notices
All notices, demands, requests, or replies provided for or permitted by this Agreement
shall be in writing and may be delivered by any one of the following methods: (a) by
personal delivery; (b) by deposit with the United States Postal Service as Certified or
Registered mail, return receipt requested, postage prepaid, to the addresses stated below;
Page 14 of 16
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or (c) by deposit with an overnight express delivery service. Notice shall be deemed
effective upon receipt.
For purposes of notice,demand,request, or replies:
The address of Monroe County shall be:
Mr. Thomas Willi
County Administrator
1100 Simonton Street. Rm. 2-205
Key West, FL 33040 e
The address of Key Largo Ocean Resorts Co-op, Inc. shall be:
Mr. Pedro Salva, President
Key Largo Ocean Resorts Co-op, Inc.
94825 Overseas Highway
Key Largo, FL 33037
L. Effective Date
The effective date of this Agreement is 30 days after the duly signed and recorded
Agreement is received by the Florida Department of Community Affairs pursuant to
N
Chapter 380, Fla. Statutes.
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day
and year below written.
APPROVAL OF KEY LARGO OCEAN RESORTS CO-OP INC.
Signed, sealed, and delivered in the presence of:
Pedro Salva E
Wit ss: / For: Key Lar an Reso s Co--op, Inc.
� ._.
By: `�
Print Name
c
Dated: >
Signa ure
The foregoing nstrument was acknowledged before me on this day of
2006, by. He/she is personally known to me o produce
as identification and did not take an oath.
Page 15 of 16
January 31,2006
Packet Pg. 3759
Notary Public , {
Panted name
' E
My commission expires: ,OwIN Maria r Hemande
My Camrnission ill C
wa' 17,
or Expires Feb-ary 2 E is
My commission number:
c
APPROVAL OF MONROE BOARD OF COUNTY COMMISSIONERS
On this 21 st day of .tune 2006, Monroe County Board of
County Commissioners approved this Agreement by Monroe County Board of County
Commissioners Resolution No. 242-2006
ATTEST- �
w,
. OUNTY, FLORIDA
HLAGE
J cV
X,
m
OUNTY CLERK By: MAYOR CHARLE O NY" MCCOY
1t FROE COUNTY 0
R 1:0
Page 16 of 16
January 31,2006
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Doca 2206759 02/24/2019 1:53PM Doc# 2206759
Filed 8 Recorded in Official Records of Bkft 2949 NO 639
MONROE COUNTY KEVIN MADOK
SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
THIS SECOND AMENDMF NT TO DEVELOPMENT AGREEMENT(",Second Amendment") is
binding on the"effective date"as set forth herein between Monroe County,a political subdivision of the State E
of Florida("County"),and Key Largo Ocean Resort Condominium Association,Inc.("KLOR*�
WITH SSETH
WHEREAS,KLOR is the fawner of real property on Key Largo,Monroe County,Florida,located at 0.
approximately mile inarker 95 of US highway I fronting on the Atlantic Ocean(Property),the legal description >
of which is contained in that certain Amendment to Development Agreement, Doc. No. 1995782, Book
2700,Page#1641, in the Official Records of Monroe County, attached hereto and made a part hereof as �
Exhibit A("Amendment"or"Agreement"),,and
WHEREAS,there are two hundred eighty-five(285)lots within the KLOR resort which provide for
seasonal transient and permanent housing,together with amenities including marina,tennis courts,swimming cy
pool, recreation building, brut ramp, clubhouse, boat trailer parking, open space and administrative offices
("Resort"),and
WHEREAS,the Resort operated as a cooperative association under the name of Key Largo Ocean r
Resorts Co-op,Inc.for ever twenty-five ears 25
y- y ( )years providing the lease of lots to KLC)R stockholders who �.
have placed their individually owned, recreational vehicles, mobile homes or park model homes on the lots
shown on the Survey of the property;and
WHEREAS, from Resort's inception until approximately 1989, Monroe County provided valid
building permits tea locate mobile homes and park model homes on the Property requiring that they be tied down
for hurricane force wind protection,and
WHEREAS, the County provided other building permits for screen room enclosures and other
permanent structures on the Property;and
WHEREAS,the Monroe County 2010 Comprehensive Plan,until December 2004,designated all the
parcels of the property as"Mixed Use/Commercial"on its Future Land Use Map;and
WHEREAS,the property had been designated as being with the"Recreational Vehicle"(RV)land use
district from September 15, 1986,until February 2005, which allowed only transient use of properties within
the district and not permanent dwellings or structures;and
N
WHEREAS,in 1997 the Resort purchased approximately 2.0 acres of additional property consisting
of both uplands and wetlands designated"Improved Subdivision",also known as the Northeast 100 feet of the
Southeasterly 1/2 of Tract 9,SOtTTHCI,.IFF ESTATES„in order to increase the open space area of the Property
Page S of 7
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and to provide additional setbacks, which property is shown as Residential Medium on the County's Future
Land Use Maps;and
'WHEREAS,on January 16„2002, the Monroe County hoard of County Commissioners by eminent �
domain action acquired 9,318 square feet of the aforementioned portion of Tract 9;and
WHEREAS,over time,structures have been placed within the Resort without the benefit of building
permit,or with a permit which should not have been issued by Monroe County or lawfully constructed for
O
which no permit history can be found;and ai
WHEREAS,the Resort had the appearance of a mobile home park as the result of the permanent
structures being placed in the Resort and the improvements to theist being with or without benefit of permit; E
and
WHEREAS,in 1994 and 19"95,the Monroe County Code Enforcement Department began to actively
Pursue compliance with the requirements of recreational vehicle zoning of the Resort and construction without
the benefit of properly issued building permits;and
Wl AREAS,as a result of the County's action,KLOR brought legal action against the County seeking 03
relief from the application of the requirements of the recreational vehicle land use district;and CD
r
cv
r
WHEREAS, the Circuit Court of Monroe County granted an injunction against the County, Case
Plumber 9 6-2 0 1 60-CA-22, to allow KLOR to seek a change of its land use district designation from
"Recreational Vehicle"(RV)designation to"Urban Residential Mobile Elome"(URM)in order to resolve some
0
of the cone enforcement issues;and y
WHEREAS,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;and
WHEREAS, acting in reliance on the Settlement Agreement„ KLOR submitted a proposed
Development Agreement to the County;and
WHFREAS,KLOR tiled an application to amend the Future Land Use Map designation from Mixed
UseiCommcrcial to high Density Residential and from Residential Medium to Residential High;and 0)
WHEREAS, on August 18,2004, by unanimous vote,the]3OCC:approved the amendments to the
Future Land Use Map,and
WHEREAS,on August 18,2004,the BOCK also unanimously approved amendments to the Land Use
District Map to classify the property as Urban Residential Mobile Home;and
Page 2 of 7
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WHEREAS,the Florida Department of Community Affairs found the proposed amendments to the
future Land Use Map in compliance in December 2004,and approved the amendments to the Land Use District
Map in February 2005;and O
O
O
WHEREAS, all of the previous residential improvements and internal roads had been removed in
compliance with Monroe County Demo Permit# 10305964;and
O
WHEREAS, both the County and KLOR recognize that the public noticing and hearing procedures 0.
O
shall follow the requirements of F.S. 163.3225, which require a public hearing before both the Planning �
O
Commission and the Board of County Commissioners for consideration of a Development Agreement;and.
WHEREAS,Section 163.3220, Florida Statues,authorizes the County to enter into agreements with O
landowners and/or governmental agencies to encourage a stronger commitment to comprehensive and capital O
O
facilities planning,ensure the provision of adequate public facilities for development,encourage the efficient
use of resources,and reduce the economic cast of development;and
r9
WHEREAS, the Monroe County Year 2010 Comprehensive Plan (Comprehensive Plan) contains
objectives and policies that seek to reduce the frequency of uses inconsistent: with Land Development ,e
Regulations and the Future Land Use Map(Objective 101.5)and the objectives of the Settlement Agreement r
between KLOR and the County;and
r
WHEREAS, the County found that entering into the Amendment to Development Agreement O
O
("Amendment")furthered the purposes,,goals,objectives,and policies of the Comprehensive Plan,and
6
WHEREAS, the County Planning Commission issued Planning Resolution No. P49-11 which �
acknowledges the effective date of the Development Agreement as August 22, 2009. as established by Court
Order;and
WHEREAS,the May 12,2013 Circuit Court Order in 16°h Judicial Circuit Court Case 95-260-CA-P O
O
has determined that the parties are in compliance with this Development Agreement;and O
O
WHEREAS,the amendment of this Development Agreement("Amendment")is consistent with said
May 12,2013 Order;and �
WHEREAS, Key Largo Ocean Resort Condominium Association, Inc.,, a Florida not for profit 0)
corporation,is the lawful successor to Key Largo Ocean Resorts Co-Op,Inc;and
O
WHEREAS, the Amendment was passed and adopted by the Board of County Commissioners on
August 20,2014;and O
O
WHEREAS,the Amendment expires on December 31,201 S;and
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WHEREAS,the Parties desire to extend the Amendment by 18 months,or until.June 30,2020,with
an option to extend for an additional twelve (12) Monti] period, upon the Mutual agreement of the Senior
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Director of Planning&Environmental Resources("Plarming Director")and KLOR;and O
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WHEREAS, the County found that entering into this Second Amendment furthered the purposes,
goals,objectives,and policies of the Co prchenstve Plan.
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NOW THEREFORE,the parties do hereby agree as follows: O
O
L Purposes >
The purpose of this Second Amendment is as follows: O
O
A To amend the Amendment and extend the expiration date of the Amendment until June 30,2020 O
O
with an option to extend for an additional twelve(12)month period,upon the mutual agreement of
the Planning Director and K1,OR,with no need to follow the hearing requirements as set forth in
r9
the Amenndineint..
ll.Second Amendment Requirements W
The parties recognize the binding effect of Sections 163.3220-163 3243,Florida Statutes,as to the form and
content of this.Second Amendment and in accordance therewith set forth and agree to the following: r
O
A.Legal Description of Ownership O
O
The legal descriptions for the properties that are subject to this Second Amendment are set forth in Exhibit A
—Amendment to Development Agreement.
B.Duration of Agreement
O
The Amendment shall remain in effect until June 30,2020 with an option to extend for an additional twelve O
(12)month period,upon the mutual agreement of the Planning Director and KLOR,with 120 need to follow the O
hearing requirements as set forth in the Amendment.It is the intention of Monroe County 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.
O
C.Recording
The County shall record this Second Amendment with the Clerk of the Circuit Court of Monroe County
within fourteen(14)days following signature by all parties. Recording fees shall be paid by KLOR.
O
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D. Ratification of Amendment
O
Except as expressly rnoditied and superseded by this Second Amendment,the terms and provisions of the O
Amendment are hereby ratified and confirmed and shall continue in full force and effect. O
CD
F. Entire Agreement
O
O
This'Second Amendment incorporates and includes all prior negotiations,correspondence,conversations, 0.
O
agreements,or understandings applicable to the matters contained herein and the parties agree that there O
are no commitments, agreements, or understandings concerning the subject matter of this Second O
Amendment that are not contained in or incorporated into this document,accordingly, O
S y,it is agreed that no O
deviation from the terms hereof shall be predicted upon any prior representations or agreements,whether
canal or written. O
F. Severability
r9
If any hart of this Second Amendment is contrary to,prohibited by,or deemed invalid under any applicable
law or regulation, such provisions shall be inapplicable and deemed omitted to the extent so contrary,
prohibited,or invalid;however,the remainder here shall not be invalidated thereby and shall be given full r
force and effect.
G. Jurisdiction and Governing l.aw O
O
The parties hereto agree that any and all suits or actions at law shall be brought in Monroe County, Monroe
O
County,Florida,and no other jurisdiction.This'Second Amendment shall be construed and interpreted under Ch
W
laws of the State of Florida Mediation shall be governed by the rules of the lb's Judicial Circuit Court in and
for Monroe County,Florida.This Second Amendment is not subject to arbitration,
H. Conflicting Resolutions
O
All resolutions or parts thereof in conflict with the provisions of this Second Amendment and its resolution O
are hereby repealed to the extent of such conflict.
O
1. Successors and Assigns
O
This Second Amendment shall be binding upon the parties hereto, their successors in interest, heirs,
assigns,and personal representatives.
cv
.1. Notices
m
All notices,demands,requests,or replies provided for or permitted by this Second Amendment shall be in
writing and may be delivered by any one of the following methods:(a)by personal delivery,(b)by deposit
PageSof7
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with the United States Postal Service as Certified or Registered snail, return receipt requested, postage
prepaid,to the addresses stated below;or(r.)by deposit with an overnight express delivery service,Notice
shall be deemed effective upon receipt. O
O
O
For purposes of notice,demand,request,or replies:
O
The address of Monroe County shall be: m
0.
Emily Schemper,AICP,CF
Senior Director of Planning O
Planning&Environmental Resources O
279130verseas Highway,Suite 400
Marathon,FL.33050 O
The address of Key Largo Ocean Resort.Condominium Association,Inc.shall be: O
Eduardo Calil,President
Key Largo Occan.Resort Condom iniurn Association,Inc. "9
94825 Overseas highway
Key Largo,Fl.33037
r
K. Effective Date
r
The etTectivc date of this Second Amendment is 30 days after the duly signed and recorded Second O
Amendment is received by the Florida Department of Community Affairs pursuant to Chapter 3I10,Fla.
O
Sfidutes.The effective date of this First amendment is 30 days from the date of its rendering.
O
O
O
O
O
O
O
O
O
N
O
O
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year below
written.
APPROVAL 01'KLY LARGO[OCEAN RES(LR ONDOMIIyIIIM ASSC]CIATION.INC. �
Signed,sealed,and delivered in the Presence of:
Witness: For:Key Largo Oce do ium Association,Inc. .
gsci+Hq+t4� C + v-.taF k. By:
2
Print-name l uar C'a i„President
C^ f
Dated:
Signatur
The forgoing instrument was acknowledged before me on this i` {day of��r_),
2019,by �' elShe is personally known to me r produced
as identification and did not take an oath. r
cv
g" Nota lic
_T•
U
ta._ or* p Printed Name
i
My Commission expires:
rff
My Commission number: E
APPROVAL OF MONROE BOARD OF COUNTY COMMISSIONERS �
On thisIN-da of 'ems.w '•�
Y ,20113,Monroe County Board of County Comratissiarners approved this �
5e:sarnd Amendment by Monroe County Board of County Commissioners Resolution.No.
ATTEST:Kevin.Madok,Clerk
cv
MONROE COUNTY,FLORIDA
Deputy Clerk BY_ MAYOR SYLV IA J.M RPHY
W""
AT"All
Page 7 of 7
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3
4
A 5 M8'
�
6 MONROE COUNTY,FLORIDA �
7 RESOLUTION NO. 441 -2018
9 A RESOLUTION BY THE MONROE COUNTY BOARD OF E
10 COUNTY COMMISSIONERS APPROVING AN AMENDMENT
11 TO A DEVELOPMENT AGREEMENT BETWEEN MONROE >
12 COUNTY, FLORIDA AND KEY LARGO OCEAN RESORT �
13 CONDOMINIUM, INC. ALSO KNOWN AS KLOR AND
14 FORMERLY KNOWN AS KEY LARGO OCEAN RESORTS CO-
15 OP, INC. CONCERNING PROPERTY LOCATED AT 94825 �
16 OVERSEAS HIGHWAY, KEY LARGO, APPROXIMATE MILE
17 MARKER 95, DESCRIBED AS A PARCEL OF LAND IN
18 SECTIONS 13 AND 14, TOWNSHIP 62 SOUTH, RANGE 38
19 EAST, BEING PART TRACT 10 AND PART TRACT 11 OF
20 SOUTIICL.IFF ESTATES (PLAT 2, BOOK 45), KEY LARGO,
21 MONROE COUNTY, FLORIDA HAVING DEAL ESTATE
co
22 NUMBERS RS 00 48340 1-0001 00 THROUGH 00483401-028500 T_
CD
23 AND 00483402-000000.
24 r
25
3
27 WHEREAS, during a regularly scheduled public meeting held on December 19.2018 the
28 Monroe County Board of County Commissioner.; conducted a public hearing to review and
29 consider a request filed by Bola de Ia Fuente,on behalf of Key Largo Ocean Resort Condominium,
30 Inc:. (KLOR),for an Amended Development Agreement in accordance with Monroe County Code
31 §110-132 and §110-133 and Florida statutes §163.3220 el. seq., the "Florida Local Government
32 Development Agreement Act", and
33
34 WHEREAS, the subject property is located at 94825 Overseas highway in Key Largo,
35 approximate mile marker 95, and is legally described as a parcel of land in Sections 13 and 14,
36 Township 62 South, Range 38 East, Key Largo, being a part Tract 10 and part Tract 11 of �
37 Soutlicliff Estates (Plat Book 2, Page 45) Monroe County, Florida having real estate numbers
39 00483401.000100 through 00483401.028500 and 00483402.000000; and �
3
40 WHEREAS, in 2006, the County entered into a Development Agreement with KLOR's
41 predecessor in interest, Key Largo Ocean Resorts Co-op, Inc. which among other provisions
42 provided conceptual approval of a plan to redevelop the site. The Development Agreement was
43 memorialized in BOCC Resolution#242-2006; and
,14 o
45 WHEREAS, iit 2014 the Comity Amended the Development Agreement with KLOR
=sr through BOCC Resolution#19 -20I4, amending the previous agreement by the following:
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1 0 Amends references from -Key Largo Ocean Resort Co-op" to "Key Largo Ocean Restart
2 Condominium Association, Inc." as the successor in interest
3 + Updates the status of improvements to achieve compliance from 2006 to present to reflect
4 completion of demolition work and attainment of recent building permits for site work
5 • Increases wet slips from 65 to 76
t . Allows existing lawfully nonconforming accessory structures approved to remain on site
7 to be demolished and replaced with new structures
8 • Allows road ready RVs to remain on the property until December 31,2016
9 + Extends the expiration date of the original development agreement from August.22, 2016 0.
10 to December 31, 2018; and W
o >
12 WHEREAS, this request for an amendment relates to the redevelopment of the property
13 with a maximum of 285 single family detached dwelling units and accessory structures and uses
14 including recreational and maintenance facilities, resort office, bath houses grilllpub, club and
15 docking facilities; and
16
17 WHEREAS,the 2"amendment results in revisions to the duration provision of the 2006
18 development agreement and 2014 amendment including:
19 Amends an extension of time for the Development Agreement("Amendment")for eighteen
20 (1 ) months, or until June 30, 2020, with an option to administratively extend the
21 Amendment for an additional twelve(12)months,capon agreement between KLOR and the Co
22 Planning Director. CD
04
23
24 WHEREAS, a public; hearing is scheduled for December 12, 2018 with the Monroe
25 County Planning Commission; and
26
27 WHEREAS, based upon the information and documentation submitted, the Board of y
28 County Commissioners makes the following Findings of Fact:
2]
30 1. The subject property is located in the Urban Residential Mobile-Home(URM) land use
31 district
32
33 2. The subject property has a Future Land Use Map(FLUM)designation of Mixed Use 1 �
34 Commercial (MC);
35
36 3. The subject property has a tier designation of Tier III;
37
38 4, In 1994 and 1995,the Monroe County Code Enforcement Department began to actively �
39 pursue compliance with the requirements of the Recreational Vehicle (RV) district in
40 order to resolve violations related to construction carried out without the benefit of
41 properly issued building permits; ; 04
42
43 5. As a result of the County's action, KLOR brought legal action against the County
44 seeking relief from the application of the requirements of the Recreational Vehicle
45 di strict;
46
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1 G. The Circuit Court of Monroe; County granted an injunction against the County, Case
2 Number 96-201630-CA-22, to allow KLOR to seek a change of its land use district
3 designation from Recreational Vehicle (RV) to Urban Residential Mobile Horne,
4 (URM) in order to resolve some of the code enforcement issues;
5 E
6 T The Court ordered the parties into Mediation,which resulted in a Settlement Agreement
7 signed by the parties in June 2003, approved by the Court on August. 4„ 2003, which
s authorized KLOR to submit and apply for a Development Agreement;
10 8. In 2004, KLOR amended the Future Land Use Map Designation from Mined 2
1 I Use/Commercial (MC) to Residential High (RH) and from.Residential Medium(RM) �
12 to Residential High(RH);
13
14 9. In 2004, KLOR amended the Land Use District Map from Recreation Vehicle(RV) to
15 Urban Residential Mobile Home(URM)and from Improved Subdivision(IS)to Urban
16 Residential Mobile Home(URM);
17
18 10. In 2006, the County entered into a Development Agreement with KLOR which
19 provided conceptual approval of a plan to redevelop the site. The Development
20 Agreement was memorialized in BOCC Resolution 242-2006; and
21
co
22 11. In 2007, the Planning Commission approved a request by KLOR for a major C'
CD
23 conditional use permit to approve the redevelopment plan and site plan. The approval
24 and conditions were memorialized in Planning Commission Resolution##P35-07,
25
26 12. Following its issuance, Resolution #P35-07 was appealed to the State of Florida
27 Division of Administrative Hearings(DOAH Case##07-5390). Following a review by
28 DOAH, the case was dismissed, documented by a final order of dismissal signed by
29 Braun D. E. Canter, Administrative Law Judge, on June 25, 2005. A KLOR resident
30 named Maria Barroso appealed that order to the Circuit Court(Case#; CA P 08-564).
31 That case was dismissed by agreement on August 18, 2009;
32
33 13. In 2007, the BOCC approved a request by KLOR for a waiver to the inclusionary
34 housing requirements. The approval and conditions were memorialized in BOCC
35 Resolution#298-2007;
36 >
37 14. On July 13,2009,the County filed a motion with the Circuit Court to ratify and approve
38 the Development Agreement. On August 22, 2009, the Circuit Court granted the
39 County's motion and adopted a"Master Development Schedule...as a guideline for the
40 parties to implement the Development Agreement." The Master Development
41 Schedule was never implemented because the KLOR Board was recalled and replaced
42 in late 2009;
43
44 15. In 2(.X)9, the County sought to enjoin the use of the Parr for habitation because of
45 numerous life safety violations. After touring the park,the Circuit Court Judge granted
46 the injunction and originally ordered the park to close as of January 15, 2010. That
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1 deadline was extended,but the Court ultimately ordered the park closed fear habitation
2 effective July 31,2010 in an order dated June 22.2010. 1n the.tune 22,2010 carder, the
3 Court ordered that all illegal structures on the property be demolished by December 31,
4 2010;
5 E
6 16. On December 21, 2011, the Planning Commission approved a request by KLOR for a
7 major deviation to the major conditional use permit. The approval and conditions were <
8 memorialized in Planning Commission Resolution##P49-11„
1t1 17.On August 2.0, 2014, the County Amended the Development Agreement with 1 LOR
l 1 through BOCC Resolution 196-201 . >
12
13 18. Florida Statutes §163.3220 authorizes Monroe County to enter into development �
14 agreements with landowners and/or governmental agencies to encourage a :stronger
15 commitment to comprehensive and capital facilities planning, ensure the provision of �
16 adequate public facilities for development, encourage the efficient use of resources,
17 and reduce the economic cost of development;
18 ri
19 1.9. Florida Statutes §163.3237 allows amendments to development agreements;
20
21 WHEREAS. based upon the information and documentation submitted, the Board of co
22 County Commissioners makes the following Conclusions of Law: T-
23 cv
24 1. The request is consistent with the provisions and intent of the Monroe County Code,
25
26 2. The request is consistent with the provisions :and intent of the Monroe Cour►ty Year
27 2010 Comprehensive Plan;
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29 3. The request is consistent with the provisions,and intent of the Master Plan for Tavernier
30 Creek Bridge to Mile Marker 97;
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32 4. The request is consistent with the Principles for Guiding Development in the Florida
33 Keys Area of Critical State Concern;
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35 S. The Agreement, among other things, is intended to and shall constitute a development
36 agreement among the Parties pursuant to the Florida Local Government Development �
37 Agreement Act, Section 163.3223, et seq., Florida Statutes,
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1 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
2 COMMISSIONERS OF MONROE COUNTY,FLORIDA,that the preceding Findings of Fact
3 and Conclusions of Law support its decision to APPROVE the proposed Amended Development
4 Agreement between Monroe County and Key Largo Ocean Resort Condominium, Inc. �
5 E
6 PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS of �
7 Monroe County,Florida,.at a regular meeting held on the I9�u of December,2018.
9 Mayor Sylvia Murphy Yes
1 Mayor pro tent Danny L. Kohlage Yes
11 Commissioner Michele Coldiron Yes
12 Commissioner Heather CacTuthers Yes
13 Commissioner David Rice Yes
14
15 '
16 BOARD OF COUNTY COMMISSIONERS :cc- � r
17 - OF MONROE C ]NT OR1DA
182 c�'
1 BY:
Mayor 19ylvid Murphy
21co
22 ". ATTEST: Kevin Madok,CLERK
23 c14
24
25 Deputy Clerk
MONROE Ct U"rA
AV
t'.•J
oyt1LUANS
A331STANT L ?Y �ARlfE1►
N
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