Item B
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 23.2005
Division:
Growth Management
Bulk Item: Yes
No --X.-
Department: Planning Department
Staff Contact Person: Marlene Conaway
AGENDA ITEM WORDING: A public hearing on the request by THE KEY HAVEN ESTATES,
LTD., a Florida Limited Partnership (KHE) for a Development Agreement with Monroe County for
portions of Key Haven located at the entrance to Key Haven Subdivison and the island known as the
"Enchanted Island" to develop forty-three (43) residential dwelling units; 10,000 square feet of
professional and neighborhood service commercial floor area; accessory uses consisting of sewage
treatment plant, storage, landscaping, roads and utilities to serve the development; and dockage for the
residential units.
ITEM BACKGROUND: On December 6, 2004, the Monroe County Development Review eommittee
reviewed the proposed Development Agreement and recommended approval to the Planning Commission
of the portions that were in compliance with the Monroe County Year 2010 Comprehensive Plan and the
County eode and denial of those portions that were not in compliance. Staff further recommended that
the Agreement be revised to address the outstanding issues outlined in the DRC Staff Report, dated
September 19, 2004.
On February 9, 2005, during the review process, the Monroe County PlaIUling eommission, reviewed the
Revised Development Agreement and recommended approval to the Board of County Commissioners of
the Agreement with all the staff proposed changes.
PREVIOUS REVELANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: N/A
81' AFF RECOMMENDATIONS: Approve
TOTAL COST: N/A
COST TO COUNTY: N/A
BUDGETED: Yes N/ A No
DIVISION DIRECTOR APPROV AI~:
Year
REVENUE PRODUCING: Yes N/ A No
N/A
DOCUMENTATION: Included ---1L-
DISPOSITION:
AGENDA ITEM #
RESOLUTION
A RESOLUTION BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
APPROVING THE DEVELOPMENT AGREEMENT
BETWEEN KEY HAVEN ESTATES LTD., (IlliE) AND
MONROE eOUNTY TO BUILD 43 SINGLE F AMIL Y
HOMES AND ACCESSORY USES INeLUDING DOCKAGE
AND 10,000 S.F. OF COMMERCIAL FLOOR AREA AT KEY
HAVEN SUBDIVISION AND ON THE ENCHANTED
ISLAND, MONROE COUNTY, FLORIDA.
2005
WHEREAS, the affccted properties are described as "Parcel B" (unplatted), bounded by
Key Haven Terrace, Key Haven Boulevard, and the boat basin/dredged bay bottom; and "Parcel
C", (unplatted), is located south of "Parcel B" and connected to it by a strip of land. It is bounded
by "Parcel B" to the north, boat basin/dredged bay bottom to the east, Key Haven Boulevard to
the west, and right of way of U.S. Hwy 1 to the south; and the "Triangle Parcel" (unplatted),
bounded by Key Haven Road, AlImanda Drive, Key Haven Boulevard, and U.S. Hwy I right of
way; and lots 3 through 8 in the Ninth Addition; and lots 11 through 24 in the Ninth Addition;
and lots 17 through 23 in the Fourth Addition; and the "Enchanted Island", (unplatted), located
east of Raccoon Key and separated from it by a dredged boat basin, all located in sections 25 and
26, Township 67 South, Range 25 East, Key Haven, Florida, at approximate Mile Marker 6. The
Real Estate Numbers are 00116981.000000, 00123100.000000, 00123120.000000,
00123140.000000,00123150.000000, 00123170.000000, 00123200.000000, 00123210.000000,
00123220.000000, 00123230.000000, 00123250.000100, 00135850.000000, 00l35860.000000,
00135870.000000, 00135880.000000, 00135890.000000, 00135900.000000, 0135910.000000,
00139310.000000, 00139320.000000, 00139330.000000, 00139340.000000, 00139350.000000,
00139360.000000. 00139390.000000, 00139400.000000, 00139410.000000, 00139420.000000,
00139430.000000, 00 1 39440.000000, 00l39450.000000, 00139460.000000, 00139470.000000,
00139480.000000,00139490.000000, 00139500.000000, 00135510.000000 and 139520.000000;
and
WHEREAS, on June 07, 2004, the applicant filed an application for the proposed
Development Agreement (Agreement) pursuant to Sections 163.3220- 3243, F.S. and Sections
9.5-lOl and 102 of Monroe County Code (MeC); and
WHEREAS, pursuant to MCC Section 10l, "development agreement is intended to vest
the existing ordinances and regulation, but not to allow a development to waive or deviate from
the regulations in effect on the date that the agreement is executed"; and
WHEREAS, on December 6, 2004, the Monroe County Development Review
Committee reviewed the proposed Agreement and rccommends approval of the portions that are
in compliance with the Monroe County Year 2010 Comprehensive Plan (Comp Plan) and the
eounty Code and denial of those portions that are not in compliance.
WHEREAS, Staff further recommended that the Agreement be revised to address the
outstanding issues outlined in the Staff Report; and
WHEREAS, on February 9, 2005, during the review process, the Monroe County
Planning Commission, after due notice and public participation in the hearing process, reviewed
the Agreement and recommended approval to the Board of County Commissioners of the
Agreement with the Staff proposed changes; and
WHEREAS, the Monroe County Board of County Commissioners (Board) is the local
government body having jurisdiction over the review and approval of the Agreement, in
accordance with section 163.3220 - 3243, F.S; and
WHEREAS, the public notice requirements of Monroe County for consideration of the
Agreement have been met; and
WHEREAS, the public was afforded an opportunity to participate in the public hearing
and all parties were afforded the opportunity to present evidence and argument on all issues; and
WHEREAS, at a special hearing dated February 23, 2005, the Board reviewed the above
referenced documents, the related recommendations of the Planning eommission, as well as all
related testimony and evidence submitted by the parties and members of the general public; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS, MONROE COUNTY, FLORIDA, THAT THE REFERENCED
DEVELOPMENT AGREEMENT ATTACHED HERETO AND INCORPORATED BY
REFERENCE IS HERBY APPROVED,
PASSED AND ADOPTED by the Board of County eommissioners of Monroe County,
Florida, at a special meeting held on the _ of , 2005.
Mayor Dixie Spear
Mayor Pro Tern Charles "SOMY" McCoy
Commissioner George Nugent
Commissioner David P. Rice
eommissioner E. Nelson
BOARD OF COUNTY eOMMISSIONERS OF MONROE
COUNTY, FLORIDA
BY
Mayor Spear
(Seal)
MONROE COUNTY ATTORNEY
APf',OVE.O ~s TO FORM
f'./(;(; <? t ..~".~
r ~~: . J/J
ATTEST: DANNY L. KOLHAGE, CLERK
o
Deputy elerk
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 (County) and Key Haven Estates, Ltd., a Florida Limited Partnership (KHE).
WITNESSETH
WHEREAS, KHE is the owner of real property known as portions of Key Haven
Subdivision and Raccoon Key, Monroe County, Florida, located at the entrance to Key
Haven immediately adjacent to U.S. Highway 1 at Key Haven Road, and containing
portions ofthe following streets: Key Haven Road, Alamanda Drive and Key Haven
Boulevard; and also being comprised of an island known as "Enchanted Island"
connected to U.S. Highway 1 by an improved private road, and being further described as
attached hereto in Exhibit A (as attached to the original application) - Survey of the KHE
Property (Property or KHE Property); and
WHEREAS, all the Property subject to this Agreement is located in the Florida Keys
Area of Critical Concern as defined by Chapter 380.0552, Florida Statutes; and
WHEREAS, the Florida Local Government Development Agreement Act, Sections
163.3220 ~ 163.3243, Florida Statutes, authorizes local jurisdictions, inclusive of Monroe
County, to enter into agreements with landowners to effectuate the provisions and
purposes ofthe Florida Envirorunental Land and Water Management Act, which created
the Florida Keys Area of Critical State Concern and the 2010 Comprehensive Plan for
Monroe County; and
WHEREAS, the Enchanted Island portion of the Property was the subject of a
Settlement Agreement between the Florida Department of Community Affairs (FDCA)
dated May 8, 1997, Exhibit B (as attached to the original application), and was also the
subject of a major conditional use approval by Monroe County, Resolution No. 8-95
(included in Exhibit B (as attached to the original application); and
WHEREAS, the following is a statement of the history and circumstances and status
of existing uses, land-use applications, and development approvals that apply to the
Property:
1. The subject Property is a single-family subdivision with adjacent commercially
zoned property.
2. The Property has existed in this capacity for over thirty (30) years, with local and
State approvals for the subdivision, various re-subdivisions and building permits
for single-family, road construction, utilities and commercial development.
3. The Property consists of parcels with the following land use district designations
(zoning):
IS - Improved Subdivision
SR - Suburban Residential
SC - Suburban Commercial
4. Development of sixteen (16) townhomes has been approved for Enchanted Island,
which is a part of the Property (see Exhibit B as attached to the original
application).
Page 2 of 19
Key Haven Development Agreement
February 10, 2005
5. In the early 1990's the County and FDCA have approved building permits for the
expansion and upgrade of the sewage treatment plant serving Key Haven to
tertiary standards, but without nutrient stripping.
6. The IS and SR portions of the Property remain eligible for the Allocation of Rate
of Growth Ordinance (ROGO) permits for single-family homes; and
WHEREAS, the County denied a proposal in 1992 for the utilization of the
commercially zoned areas that make up a portion of the Property, citing the need to
protect the adjacent single-family subdivisions; and
WHEREAS, the predominant development type in Key Haven is single-family homes
on various sized lots; and
WHEREAS, the Key Haven Subdivision is a prime location for lower density
housing for individuals and families whose place of work is Key West or Stock Island;
and
WHEREAS, KHE and the County agree that the creation of new commercial floor
area as could be allowed with the existing zoning of portions of the property would
further exacerbate the shortage of employee and affordable housing; and
WHEREAS, KHE and the County agree that the preferred development type in Key
Haven is the single-family home; and
WHEREAS, both the Property and its subdivided lots were in existence at the time of
the County's analysis and census of existing dwelling units, July 1990, whose results
formed a major basis of the Residential Rate of Growth Ordinance (ROGO) ordinance
cited above; and
Page 3 of19
Key Haven Development Agreement
February 10, 2005
WHEREAS, although the parcels that make up the property subject to this Agreement
arc not all contiguous, the County will treat them as a single parcel for purposes of this
Agreement and development approvals in order that density may be allocated across the
property as one entity.
WHERAS, property commonly known as the 6th addition owned by KHE, with the
exception of lots 14, 15 and 16, is valuable wetlands habitat that should be protected
through a conservation easement or acquisition by a public agency; and
WHEREAS, according to the 2004 Monroe Public Facilities Capacity Analysis, there
is excess traffic capacity for US Highway 1 serving Stock Island and Key Haven; and
WHEREAS, the County finds that entering into this Agreement furthers the Purposes,
Goals, Objectives, and Policies of the Year 20 I 0 Comprehensive Plan and the Principles
for Guiding Development of the Florida Keys Area of Critical State Concern designation;
and
WHEREAS, the upgrading of the Key Haven sewage treatment plant will bring at
least 450 existing residences on line to the upgraded system and create at least 600
nutrient reduction credits most of which may be allocated to the County; and
WHEREAS, the immediate Key Haven community has expressed the desire to have
the property developed in a manner other than additional commercial uses, which will
draw customers from outside the neighborhood, and create the need for additional
affordable housing, thus adding to the already large deficit of such housing; and
WHEREAS, the completion of the proposed single family subdivision will create an
estimated $50-75 million in net new taxable property value; and
Page 4 of 19
Key Haven Development Agreement
February 10, 2005
WHEREAS, the County and KHE agree and recognize that most of the residential
density and lot sizes proposed in the site plan are derived from existing platted lots
currently zoned Improved Subdivision (IS) and previously approved development on
Enchanted Island; and
NOW, THEREFORE, the parties do hereby agree as follows:
I. PURPOSE OF AGREEMENT
The purpose of this Agreement is multi-fold:
A. To provide a rational method for the completion of the existing Key Haven
Subdivision.
B. To avoid costly litigation between the parties with regard to KHE's ability to
develop the lots within the 6th Addition and adjacent un-subdivided property.
c. To eliminate an inappropriate commercial land use district designation on the
Property that is more suited to residential use.
D. To limit the number of residential units to be developed on the Property as
portrayed generally on Exhibit C (as attached to the original application) 43
single-family homes.
E. To recognize and protect the private property rights ofKHE, and balance those
rights with the County's responsibility to protect valuable natural resources and
to comprehensively plan and execute the rational development of communities
such as Key Haven.
Page 5 of 19
Key Haven Development Agreement
February 10,2005
II. STATUTORY AND CODE 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 properties that are subject to this Agreement are described in Exhibit A (as
attached to the original application) - Survey of the KHE Property.
B. Duration of Agreement
This Agreement shall remain in effect for ten (10) years from its effective date as
defined herein. It is the intention of the County and KHE 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
1. The development uses permitted on the Property, including the generalized lot
layout, the population densities and building intensities as set forth on
Exhibit C (as attached to the original application), KHE Key Haven
Development Plan, specifically, forty-three (43) single-family estate lots and
10,000 square feet of professional and service commercial floor area which
will be subject to the Monroe County Non Residential Rate of Growth
Ordinance, NROGO at the time of application for building permits for such
commercial uses.
2. Accessory uses, including but not limited to sewage treatment plant,
landscaping, and accessory storage for each unit.
Page 6 of 19
Key Haven Development Agreement
February 10, 200S
3. Dockage for the residential lots will be to be limited to 1 dock space per
residential unit not to exceed 43 in total. Docks shall not be used for any
commercial purpose and are accessory to each dwelling unit.
4. Roads and utilities to serve the development.
For the duration of this Agreement, the parties agree that any and all of the
approved development shall adhere to, conform to, and be controlled by this
Agreement, Exhibit C (as attached to the original application) , the Land
Development Regulations, and the Year 2010 Comprehensive Plan
governing the development of the land effective when the County and KHE
execute this Agreement as authorized by Section 163.3220, Florida Statutes.
Should the County adopt any new Comprehensive Plan Policy, Land
Development Regulation or any other regulation which would serve to better
achieve the purposes of this agreement or be more advantageous to the
developer to implement the planned redevelopment, to the extent that such
new regulations or policies do not materially conflict with the provisions of
this agreement, then KHE make utilize such regulations and policies to
implement the development .In the event that all or a portion of the existing
or authorized development subject to this Agreement should be destroyed by
a storm, fire, or other common disaster, KHE, their grantees, successors, or
assigns shall have the right to rebuild or repair so long as such work is in
compliance with this Agreement.
D. Public Facilities
1. The Florida Keys Aqueduct Authority provides domestic potable water to the
Property.
Page 7 of 19
Key Haven Development Agreement
February 10, 2005
2. Electric service to the Property is provided by Keys Energy Services.
3. Solid waste service is provided to the Property by a solid waste collection
system franchised by Monroe County.
4. KHE shall provide wastewater and sewage collection and disposal via the
existing onsite package sewage treatment plant approved by the Florida
Department of Environmental Protection (DEP) at the time of building
permit application.
5. KHE shall construct, own and maintain all new roads, drainage utilities,
landscaping, signage and docks in the development.
E. Local Development Permits
The following is a list of all development pennits approved or needed to be
approved for the development of the Property as specified and requested in this
Agreement:
1. Approved Development Permits
a. This Agreement.
2. Further Development Permits Required
a. The approved final site plan, landscape plan, drainage plan, and building
elevations and floor plans as encompassed by and referred to in the
Monroe County Planning Commission Resolution for the subdivision and
development set forth on Exhibit C (as attached to the original application)
for the redevelopment of the Property, as contained in a major conditional
use application.
b. Amendment of the future land use category of the Triangle Parcel from
Mixed Use Commercial (Me) to Residential Low (RL) and oflots 6, 7,
Page 8 of19
Key Haven Development Agreement
February 10, 2005
and 8 ofthe Ninth Addition from Mixed Use Commercial (Me) to
Residential Medium (RM).
c. Rezoning of the Triangle Parcel from Suburban Commercial (SC) to
Suburban Residential (SR) and of Lots 6, 7, and 8 of the Ninth Addition
from Suburban Commercial (SC) to Improved Subdivision (IS).
d. An Approved Major Conditional Use Development Order for
redevelopment ofthe Property with utilities, dockage and roads.
e. An Approved re-subdivision of the Property by means of an amended
plat.
f. Building and related construction permits for all main and accessory
structures, land clearing, and landscaping, as appropriate.
g. State, South Florida Water Management District, and Monroe County
permits for storm-water runoff and dredge and fill, if required.
h. Purchase of 15.0 Transferable Development Rights required for
development of Enchanted Island and lots on the mainland portion of the
property.
L Abandonment of Key Haven Boulevard from US 1 up to its intersection
with Key Haven Terrace.
F, Finding of Consistency
By entering into this Agreement, the County finds that the development
permitted or proposed herein is consistent with and furthers the Monroe County
Year 2010 Comprehensive Plan and all applicable Land Development
Regulations.
Page 9 of 19
Key Haven Development Agreement
February 10, 2005
G. Breach, Amendment, Enforcement, and Termination
Exclusive of any others except those imposed by law, the following additional
conditions, 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 KHE's material breach of the terms and conditions of this
Agreement, Monroe County shall serve written notice on and shall
provide KHE the opportunity, within ninety (90) days, to propose a
method of fulfilling the Agreement's terms and conditions or curing the
breach. The County shall allow KHE an opportunity to cure the breach
or to negotiate an amendment to this Agreement within a reasonable time,
not to exceed one hundred eighty (180) days after KHE's response or
proposal absent exigent circumstances.
b. The following events, unless caused by fire, storms, floods, or other acts
of God or events beyond the control of KHE are to be considered a
material breach of this Agreement: (t) the failure to maintain the open
space provisions of this Agreement as generally shown in Exhibit C (as
attached to the original application); (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 them completed within a reasonable time frame,
Page 10 ofl9
Key Haven Development Agreement
February 10, 2005
not to exceed one hundred eighty (180) days, as mutually agreed by the
parties if compliance requires more than sixty (60) days.
c. If Monroe County, through its Director of Planning, finds that KHE or a
successor is in material breach ofthis Agreement, and after notice is
given as provided herein to respond to or cure said breach KHE fails,
within a reasonable time, to respond, cure, or secure an amendment
resolving the breach, the County may utilize appropriate code
enforcement remedies to cure any breach.
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
KHE to the laws and policies in effect at the time of the amendment only if
the conditions of Section163.3233 (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.
Page 11 of 19
Key Haven Development Agreement
February to, 2005
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, termination or revocation, and
supporting information can be obtained.
4. State and Federal Law
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 supersede any contention under law that KHE has acquired vested
rights under prior law.
5. Enforcement
a. Monroe County, KHE, 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
Page 12 of19
Key Haven Development Agreement
February 10,2005
Monroe County to enforce the tenns of this Agreement or to challenge
compliance with the provisions of Section 163.3243, Florida Statutes.
b. Nothing contained herein shall limit any other powers, rights, or remedies
that any party has, or may have in the future, to enforce the tenns of this
Agreement.
III. Compliance with Other Laws
The failure of this Agreement to address a particular pennit, condition, tenn, or
restriction shall not relieve KHE of the necessity of complying with the laws
governing said permitting requirements, conditions, tenns or restrictions.
IV. Additional Provisions
A. Future Land Use Map Zoning Designation and Timing of Conditional Use
Applications
The County shalt allow KHE to submit an application for conditional use and
re-subdivision approval of the Property contemporaneously with the County's
initiation of the change of Future Land Use Map for the KHE Property. The
County shall request the State of Florida Department of Community Affairs
(DCA) to expedite or "fast track" the request to amend the Future Land Use
Map, as allowed by applicable State Statute. Approval of conditional use
applications and subdivisions shall be contingent upon approval of Future Land
Use Map changes. Should the FLUM and appropriate zoning designation
change not be approved by the County and State of Florida, this Agreement
shall become null and void.
Page 13 of 19
Key Haven Development Agreement
February to, 2005
B. Transferable Development Rights
KHE shall be required to purchase and apply to the lands to be developed not
more than 15.0 transferable development rights for the development of the ten
(10) single-family lots on the parcel known as Enchanted Island, the six (6)
single family allocations transferred from Enchanted Island and the three (3) lots
created from lands currently zoned to SR.
C. Dedication of Environmentally Sensitive Lands
KHE shall dedicate to the County or other conservation public agency or private
land conservation group the entirety of the undeveloped 6th Addition with the
exception oflots 14,15 and 16 which are not owned by KHE as an open space
preserve with the condition that it remain in its natural state with no recreational
use allowed. The County agrees to allow KHE to use the lands as mitigation for
any permits required by the County and/or state of federal agencies for the filling
of wetlands or impacts associated with the completion of all elements of the
development authorized by this Agreement. KHE shall dedicate said lands upon
issuance of the first residential building permit.
D, Affordable Housing Requirements
The County agree that KHE may meet the requirements of Section 9.5-266(b) of
the Land development Regulations, "Provision of Affordable Housing" by linking
as allowed by Section 9 .5-266( c) to an approved affordable housing project of 18
units to be built on Maloney Avenue on Stock Island, and that his linkage shall
completely satisfy the requirements of the affordable housing obligation.
Page 14 of 19
Key Haven Development Agreement
February 10,2005
E. Tier System Designation
KHE and the County agree that the entirety of the lands proposed for
development allowed by this Agreement are properly within the designation of
Tier 3 "lnfill".
F. Wetland Setbacks
The ability to achieve a proposed thirty (30) foot setback shall be based upon the
final plat for the subdivision and any South Florida Water Management District
and Florida Department of Environmental Protection permits for filling lands
adjacent to such wetlands. The shoreline setback on Enchanted Island shall be
twenty-five (25) feet as specified in Exhibit B (as attached to the original
application).
G. Termination of Legal Proceedings Against County
Upon the signing of this Agreement by all parties and its subsequent recordation
with the Monroe County Clerk of Court, KHE shall terminate, withdraw, and
cease all claims and actions in law against Monroe County and DCA filed in local
or circuit court or court of appeals related to zoning, site development, or code
enforcement on the KHE Property.
H. Recording
Monroe 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 KHE.
I. 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
Page 15 of 19
Key Haven Development Agreement
February 10, 2005
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 tenns hereof shall be predicated upon any prior
representations or agreements, whether oral or written.
J. 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 shall not be invalidated thereby and shall be given full force and
effect.
K. Jurisdiction and Governing Law
The parties hereto agree that any and all suits or actions at law shall be brought
in Monroe County, Florida, and no other jurisdiction. This Agreement shall be
construed and interpreted under the laws of the State of Florida.
L. Conflicting Resolutions
All resolutions or parts thereof in conflict with the provisions of this Agreement
and its resolution arc hereby repealed to the extent of such conflict.
M. Successors and Assigns
This Agreement shall be binding upon the parties hereto, their successors in
interest, heirs, assigns, and personal representati ves.
N. Notices
All notices, demands, requests, or replies provided for or permitted by this
Agreement shall be in writing and may be delivered by anyone of the following
methods: (a) by personal delivery; (b) by deposit with the United States Postal
Page 16 of 19
Key Haven Development Agreement
February 10,2005
Service as Certified or Registered mail, return receipt requested, postage
prepaid, to the addresses stated below; or (c) by deposit with an overnight
express delivery service. Notice shall be deemed effective upon receipt.
For purposes of notice, demand, request, orreplies:
The address of Monroe County shall be:
Mr. Thomas Willi
County Administrator
1100 Simonton Street
Key West, Florida 33040
The address ofthe KHE shall be:
Mr. Wayne Lujan
1104 Truman Avenue
Key West, Florida 33040
O. Effective Date
The effective date of this Agreement shall be thirty (30) days after the duly
signed and recorded Agreement is approved by the Florida Department of
Community Affairs pursuant to Chapter 163, Florida Statutes.
Page 17 of 19
Key Haven Development Agreement
February 10,2005
IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day
and year below written.
Signed, sealed, and delivered in the presence of:
Witness: Key Haven Estates, Ltd.
(FLORIDA)
By:
Print Name Wayne Lujan
Dated:
Signature
By:
Print Name Edwin O. Swift, III
Dated:
Signature
State of Florida
County of Monroe
The foregoing instrument was acknowledged before me on this
2005, by and
are personally known to me or produced
identification and did not take an oath.
day of
They
as
Notary Public
Printed name
My commission expires:
My commission number:
Page 18 of 19
Key Haven Development Agreement
February 10,2005
APPROVAL OF MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
On the
day of
, 2005 Monroe County Board of
County Commissioners approved this Development Agreement by Resolution No. _'
A TrEST:
MONROE COUNTY, FLORIDA
DANNY KOLHAGE
MAYOR Dixie Spehar
COUNTY CLERK
By:
Page 19 of 19
Key Haven Development Agreement
February 10, 2005
MEMORANDUM
TO:
The Board of County Commissioners
FROM:
K. Marlene Conaway,
Director of Planning and Environmental Resources
DATE:
February 10, 2005
LAST REVISED: December 15, 2004
RE: Consideration of Development Agreement Between
Monroe County and Key Haven Estates, Ltd.
MEETING DATE: February 23,2005
APPLICANT:
Key Haven Estates Ltd., (KHE)
AGENT:
The Craig Company
I. THE COUNTY AND STATE REGULATIONS:
Sections 9.5-101 and 102 of Monroe County Code (MCC) set out the regulations governing
development Agreements. Pursuant to MCC Section 9.5-101, the development Agreement is
intended to vest the existing ordinances and regulations, but does not allow a development to
waive or deviate from the regulations in effect on the date that the Development Agreement is
executed. Section 9.5-102 outlines the authority of the County Commission to enter into
agreements subject to a ten-year time limit and sets out development agreement's legal
procedure as required by Florida Statutes (F.S.).
Sections 163.3220 - 3243, F.S. known as the Florida Local Government Development
Agreement Act establish definitions, as well as procedures and standards for public review,
modification, duration, approval, recordation, execution, and periodic review, local laws
affecting agreements, and DCA oversight, as well as other requirements. Section 163.3233 (1),
F.S. delineate the vesting of local government's laws and policies governing the development of
the land at the time of the execution of the Development Agreement for the duration of the
Development Agreement.
11. BASICS OF THE PROPOSED AGREEMENT:
A. Overview of the Proposed Agreement:
The applicant wishes to extend its right to construct additional residential and non-residential
uses on Key Haven and the Enchanted Island for ten years without being subject to changes in
the regulations. The proposed uses include construction of 43 single-family homes with
Page 1 of3
accessory uses including dockage, and 10,000 S.F. of neighborhood commercial floor area. The
Development Agreement as proposed is potentially possible if the proposed Future Land Use
Map (FLUM) and Land Use District Map amendments for lots 6, 7, and 8 in the Ninth Addition
to RMIIS from MC/SC and the "Triangle Parcel" to RUSR from MC/SC in Key Haven are
approved and adopted.
Through this process, the existing buildable lots in the subdivision will be aggregated and re-
platted to create 43 larger lots. Sixteen duplexes that were approved in a Settlement Agreement
on Enchanted Island will be used to build sixteen single family units; six of which will be moved
to six newly created lots on Key Haven. The remaining 27 units will be built using the
development rights from the existing 21 (IS) lots and the three (3) new IS lots to be created
through map amendment; and 3 units of Transferable Development Rights (TDRs). In total the
number of TORs needed to complete this project will be 15 units.
B. Affected Prot>erties:
The affected properties are described as "Parcel B" (unplatted), bounded by Key Haven Terrace,
Key Haven Boulevard, and the boat basin/dredged bay bottom; and "Parcel C", (unplatted), is
located south of HParcel B" and connected to it by a strip of land. It is bounded by "Parcel B" to
the north, boat basin/dredged bay bottom to the east, Key Haven Boulevard to the west, and right
of way of U.S. Hwy 1 to the south; and the "Triangle Parcel" (unplatted), bounded by Key
Haven Road, Allmanda Drive, Key Haven Boulevard, and U.S. Hwy 1 right of way; and lots 3
through 8 in the Ninth Addition; and lots 11 through 24 in the Ninth Addition; and lots 17
through 23 in the Fourth Addition; and the "Enchanted Island", (unplatted), located east of
Raccoon Key and separated from it by a dredged boat basin, all located in sections 25 and 26,
Township 67 South, Range 25 East, Key Haven, Florida, at approximate Mile Marker 6. The
Real Estate Numbers arc 00116981.000000, 00123100.000000, 00123120,000000,
00123140.000000,00123150.000000, 00123170.000000, 00123200.000000,00123210.000000,
00123220.000000, 00123230.000000, 00123250.000100, 00135850.000000, 00135860.000000,
00135870.000000, 00135880.000000, 00135890.000000, 00135900.000000, 0135910.000000,
00139310.000000, 00139320.000000, 00139330.000000, 00139340.000000, 00139350.000000,
00139360,000000, 00139390.000000, 00139400.000000, 00139410.000000, 00139420.000000,
00139430.000000, 00139440,000000, 00139450.000000, 00139460.000000, 00139470.000000,
00139480.000000,00139490.000000, 00139500.000000, 00135510.000000 and 139520.000000.
C. Development Approval/Permitting History:
Triangle Parcel. Parcels Band C: In 1989, the owner of this property applied for an amendment
to a major conditional use to build a resort named "Key West Inn and Ocean Club". The
proposed development consisted of five inn buildings with 114 hotel units, 17 villas (single
family homes) and duplexes, a clubhouse, a beach house, a Gazebo, three tennis courts, three
racquetball courts, a swimming pool, a swimming area with dock, a marina with 40 boat slips,
and a main building consisting of 7200 square feet for a restaurant, Employee housing, office
space, lounge, and guard house located at the entrance along Key Haven Road. The project was
denied by the Planning Commission. Subsequently, the applicant filed an appeal that was denied
in 1992.
Page 2 of3
Enchanted Island: On June 12, 1995, Major Conditional Use Development Order No. 8-95 was
issued allowing for construction of sixteen dwelling units in eight duplexes and accessory
structures comprised of a recreational building, a swimming pool, four piers with four boat slips
per pier, a sewage treatment plant and utilities.
Pursuant to condition # 9, the construction of four (4) dwelling units was permitted under the
allocated density in existence at the time of the application. According to the condition of
approval, the proposed 16 dwelling units could only be constructed if 11.5 TDRs were
transferred to the site subject to a minor conditional use approval. Based on the Development
Order, the proposed construction of these sixteen dwelling units on site are subject to ROGO per
Section 9.5-121 (d) of the Land Development Regulations.
In May 1997, DCA outlined a Settlement Agreement so the project could be completed if the
thirteen (13) conditions in the agreement were met. The conditions included all the conditions in
the D.O. by the Planning Department along with additional measures that would further protect
the envirorunent from the adverse impacts of the development. Furthennore, under the condition
# 9 of the Settlement Agreement, the applicant was given ten (10) years to complete construction
of the dwelling units to allow enough time to compete in the ROGO process.
III. STAFF COMMENTS:
On December 6, 2004, the Monroe County Development Review Committee reviewed the proposed
Agreement and recommends approval of the portions that were in compliance with the Monroe eounty
Year 2010 Comprehensive Plan and the County Code; and denial of those portions that were not in
compliance. Staff further recommended that the Agreement be revised to address the outstanding issues
outlined in the DRC Staff Report, dated September 19,2004.
On February 9, 2004, during the review process, the Monroe County Planning Commission reviewed the
revised Development Agreement and recommended approval to the Board of County Commissioners of
the Agreement with all the Staff proposed changes.
Currently, there are no outstanding issues and all the Staff proposed changes have been addressed in the
final version.
IV. ST AFF RECOMMENDATION:
Based on the above discussions, the Planning and Envirorunental Resources Staff recommends
APPROVAL of the Development Agreement.
Page 3 of3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 23. 2005
Division:
Growth Management
Bulk Item: Yes No -X-
Department:
Plannifilz Denartrnent
Staff Contact Person: Marlene Conaway
AGENDA ITEM WORDING: A public hearing to consider a DCA TRANS MITT AL Resolution to amend the
Future Land Use Map (FLUM) per the request of the applicant THE LUJAN LIMITED PARTNERSHIP, for
property located at sections 25 and 26, Township 67 South, Range 25 East, Key Haven (Raccoon Key) and the
Island known as the "Enchanted Island", Florida, at approximate Mile Marker 6 from Mixed Use Commercial (MC)
to Residential Low (RL) or Residential Medium (RM) and from Residential Low (RL) to either Residential Medium
(RM) or stay the same; and a Land Use District Map Amendment from Suburban Commercial (SC) to either
Improved Subdivision (IS) or Suburban Residential (SR) and from Suburban Residential (SR) to either Improved
Subdivision (IS) or stay the same in accordance with Map 1 and Map 2 in the Notice of Public Hearing, as attached
hereafter.
ITEM BACKGROUND: On August 19, 2004, Development Review Committee recommended approval to the
Planning Commission of the amendments to the FLUM from Mixed Use Commercial (Me) to Residential Low (RL)
and the Land Use District Map from Suburban Commercial (SC) to Suburban Residential (SR) for the Triangle
Parcel; and amendments to the FLUM from Mixed Use Commercial (MC) to Residential Medium (RM) and the
Land Use District Map from Suburban Commercial (SC) to Improved Subdivision (IS) for lots 6, 7, and 8 of the
Ninth Addition. All other parcels submitted as part of this application are recommended to remain unchanged.
On February 9, 2005, the Monroe County Planning Commission recommended approval to the Monroe County
Board of County Commissioners the amendments to the FLUM from Mixed Use Commercial (MC) to Residential
Low (RL) and the Land Use District Map from Suburban Commercial (SC) to Suburban Residential (SR) for the
Triangle Parcel; and amendments to the FLUM from Mixed Use Commercial (MC) to Residential Medium (RM)
and the Land Use District Map from Suburban Commercial (SC) to Improved Subdivision (IS) for lots 6, 7, and 8 of
the Ninth Addition. All other parcels submitted as part of this application are recommended to remain unchanged.
PREVIOUS REVELANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: N/A
ST AFF RECOMMENDA nONS: Approval.
TOTAL COST: NI A
COST TO COUNTY: N/A
BUDGETED: Yes N/A
No
REVENUE PRODUCING: Yes N/A No AMOUNT PER 1
APPROVED BY: County Atty. -X- OMB/Pur~g
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included ---X-
Year
,AlCP
DISPOSITION:
AGENDA ITEM #
BOCC Transmittal Resolution
RESOLUTION NO. -2005
A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS TRANSMITIING TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS THE REQUEST BY THE LUJAN LIMITED
PARTNERSHIP TO AMEND THE FUTURE LAND USE DISTRICT MAP
(FLUM) FROM MIXED USE COMMERCIAL (MC) TO RESIDENTIAL LOW
(RL) FOR THE PARCEL KNOWN AS THE "TRIANGLE PARCEL", AND
FROM MIXED USE COMMERCIAL (Me) TO RESIDENTIAL MEDIUM (RM)
FOR LOTS 6, 7, AND 8 OF THE KEY HAVEN'S NINTH ADDITION.
FURTIIER DESCRIBED AS SECTIONS 25 AND 26, TOWNSHIP 67 SOUTH,
AND RANGE 25 EAST. RAeCOON KEY, MONROE COUNTY, FLORIDA. THE
REAL ESTATE NUMBERS ARE: 00123170.000000, 00123220.000000,
00139360.000000, 00139350.000000, AND 00 l39340.000000.
WHEREAS, the Monroe County Board of County Commissioners held a public hearing for the
purpose of considering the transmittal to the Florida Department of Community Affairs for review and
comment of a proposed amendment to the Future Land Use Map of the Monroe County Year 2010
Comprehensive Plan, changing the future land use designation of the property described above; and
WHEREAS, the Planning Commission and the Monroe County Board of County Commissioners
support the requested future land use designation change;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. The Board of County Commissioners does hereby adopt the recommendations of the Planning
Commission pursuant to the draft ordinance for adoption of the proposed Future Land Use Map
amendment.
Section 2. The Board of County Commissioners does hereby transmit the proposed amendment as part of
the first (1st) set of comprehensive plan amendments for 2005 to the Florida Department of Community
Affairs for review and comment in accordance with the provisions of Chapter l63.3184, Florida Statutes;
and
Section 3. The Monroe County staff is given authority to prepare and submit the required transmittal
letter and supporting documents for the proposed amendment in accordance with the requirements of 9J-
1 I .006 of the Florida Administrative Code; and
Section 4. The Clerk of the Board is hereby directed to forward a certified copy of tJlis resolution to the
Director of Planning.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
special meeting held on the _ of ,2005.
Mayor Dixie Spehar
Mayor Pro Tern Charles "Sonny" Mceoy
eommissioner George Neugent
Commissioner David P. Rice
Commissioner E. Nelson
BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA
BY
Mayor Spehar
(Seal)
ATTEST: DANNY L. KOLHAGE, CLERK
MONROE COUMTV ATTORNEY
APP-".V~ AS TO FORM
-f). tL 2.- U' f'lS
.:
Deputy Clerk
DEPARTMENT OF THE NAVY
NAVAL AIR STATION
PO BOX 9001
KEY WEST FL 33040-9001
11011
Ser N01 SJAl032
February 23,2005
Monroe County Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
Board of Commissioners:
This letter is intended to provide formal comment from Naval Air Station Key
West (NASKW) concerning the current proposal for residential developments on Key
Haven, Enchanted Island and the Southeast portion of Stock Island. The residential
development of this property, as it is currently planned, is incompatible with the safety
and noise standards expressed within the 2004 Air Installation Compatible Use Zone
(AICUZ) for NASKW. Accordingly, the proposed development of this property is
expected to adversely impact the overall mission of this installation.
The Florida Legislature has recognized that certain land developments near
military installations can adversely affect the ability ofthe military to carry out its
mission and threaten public safety. See, FL. Stat. 163.3175. Accordingly, Florida law
requires local governments to notify military installations of plans that would affect the
use, density and intensity ofthe land in close proximity to the installation, and to consider
any comments the commanding officer may have relating to the proposed development.
Id. Specific comments to be considered include whether proposed changes would be
incompatible with safety and noise standards contained within the AICUZ and whether
the military installation would be adversely affected by the proposed action. Id.
Copies ofthe 2004 AICUZ (final version) were provided to representatives ofthe
Monroe County Planning Commission on January 13,2005 and command officials have
verbally expressed concerns regarding the incompatibility of the proposed residential
developments on numerous occasions, including announcements at the public hearings
held on January 11,2005 and February 9,2005.
The 2004 AICUZ represents the best information currently available concerning
the safety and noise aspects ofthe specific property in question. It has identified the
areas of proposed development on Key Haven, Enchanted Island and the Southeast
portion of Stock Island as areas where residential development should be strongly
discouraged or prohibited. The proposed Key Haven development is located in Accident
Potential Zone (APZ) II and Noise Zone 2 with a Day-Night Average Sound Level
(DNL) between 70-74. The Enchanted Island property is in APZ II and Noise Zone 3
with a DNL between 75-79. The proposed housing development on the Southeast portion
of Stock Island is located in Noise Zone 3 with a DNL between 75-79.
1
The AICUZ safety and noise standards state that residential use of property
should be strongly discouraged in Noise Zone II with a Day-Night Average Sound Level
(DNL) between 70-74. It further states that residential uses are not compatible and
should be prohibited in Noise Zone III with DNL of75 and above. It also provides for
restricted residential use of property within APZ II. (e.g. The maximum density being
detached single-family housing on half acre lots) .
The residential development of this property, as it is currently planned, is
incompatible with the 2004 AICUZ and will have an impact on NASKW that may
adversely affect the ability ofthe air station to effectively carry out its mission of
ensuring war fighter readiness. The geographic "island" location ofNASKW provides a
unique and invaluable area in which to train military pilots with limited interference on
civilian populations. The vast quantity of flying is done over the ocean well away from
the civilian developments. However, the most dangerous and loudest aspects of
operations occur during takeoff and landing. Historically, this has not been an issue and
NASKW has been able to accomplish its mission with little or no negative impact on the
local community. The proposed land developments of Key Haven, Enchanted Island and
the Southeast portion of Stock Island would place homes in areas specifically identified
as incompatible for residential development. This raises obvious concerns of the impact
on the continued ability ofNASKW to effectively carry out its mission.
Florida law and the AICUZ analysis envision a continuing and working dialogue
between local governments and military installations, in order to analyze the true impact
of proposed development projects on both the local community and military operations.
Ideally this process would allow for community input regarding the AICUZ and perhaps
incorporate separate/independent studies on safety, noise and potential impact. Moreover,
the military and the local government could analyze the comprehensive plan concerning
land development around the installation and long-term impacts can be properly
considered. Unfortunately, this process has been cut short. This command only learned
of the current development proposals in January 2005. Likewise the most recent AICUZ
was not formally released to the County until January 2005. We request a reasonable
amount of time for additional dialogue and analysis prior to formal comment from
NASKW and/or final decision by the County. Without additional time this command
must rely solely on the 2004 AICUZ, as the best information currently available, in
making this formal objection to the proposed developments.
Sincerely,
~.'K.~)
J. K. SCHOLL
Commanding Officer
Naval Air Station Key West
2