Loading...
06/23/1992 SpecialYY 132 A Special Meeting County Commissioners convey at Old City Hall in Key We: call were Commissioner Ear] Commissioner Jack London, C Mayor Wilhelmina Harvey. Clerk; Randy Ludacer, Count Administrator; County Staff and the general public. All stood for a Pledge of Allegiance. Special Meeting Board of County Commissioners Tuesday, June 23, 1992 Key West of the Monroe County Board of ed at 3:00 p.m. on the above date t. Present and answering to roll Cheal, Commissioner Doug Jones, ommissioner John Stormont, and lso present were Danny Kolhage, y Attorney; Tom Brown, County ; members of the Press and Radio; nt of silent prayer and the DIVISION OF COMMUNITY SERVICES Motion was made by Commissioner Jones and seconded by Commissioner Cheal to ap rove and authorize for execution the following: Contract Amendment to Contract KG-197 with the Alliance for Aging, Inc. con- cerning the Alzheimers Disease Initiative Program I Community Care for�the Elderly continu- ation grant funding application and Contract KG-251E with the Alliance for Aging, Inc. I Alzheimer's Diseas4 Initiative continuation grant funding application and Contract KG-251D with the Alliance for Aging, Inc. Community Care for the Elderly Diversion Program continuation grant application and Contract KG-25�D with the Alliance for Aging, Inc. I Roll call vote was unanimou ADDITIONS, Motion was made by by Commissioner Cheal to ap deletions to the Agenda. M MUNICIPAL S ECTIONS, DELETIONS commissioner Jones and secon�ded- rove additions, corrections and Lion carried unanimously. CE DISTRICT Motion was made by Commissioner Jones and seconded by Mayor Harvey to approve a d authorize execution .of the Special Obligation Note, Series 1989, numbered R-2. Roll call vote was unanimous. 1 1 COUNTY ADMINISTRATOR i Jose Gonzalez of G nzalez Architects made a presen- tation of the Jackson Square/Truman School Renovation Plan. After full discussion by the Board, motion was made by Commissioner London and seAnded by Commissioner Jones 'to .approve Plan "D" as set out below and to also approve the Proposed Scenario Synopsis Bet out below: "PLAN D START FY $ TOTAL $ DATE AVAIL. AVAIL. PROJECT COST FACTOR TOTAL 1/93 $3.87 $3.87 Truman $1.30 .17 91.52 1/94 1/95 1/96 1/97 1/98 1/99 1/00 1 SI Rec. $0.35 .17 $0.41 Old Jail $0.15 .17 $6.18 Storage $0.40 .17 $0.47_ Other Rec $0.50 .17 $0.67 Continq. $0.50 00 $6.50 TOTALS $3.20 .17 $3.75 $2.20 $2.82Truman $1.35 .17 $1.58 PK Sheriff $0.60 .17 $0.70 Continq. $0.50 00 $0.50 TOTALS $2.45 .17 $2.78 $2.30 $2.84 Old CH $0.70 .17 PK Sheriff $1.30 .17 $1.52 Continq. $0.50 00 $6.50 TOTALS $2.50 .17 $2.84 $2.00 $2.50 ?K Sheriff $1.00 .17 $1.17 KW Sheriff $0.70 .17 $Q.82 Conting. $0.50 00 $0.50 TOTALS $2.30 .17 $2.49 $2.50 $3.10 KW Sheriff $1.60 .17 $1.87 CH Annex $0.60 .17 $6.70 Continq. $0.50 00 $0.50 TOTALS $2.70 .17 $3.07 $3.05 $3.56 �H Annex $2.30 .17 $2.69 ester $0.35 .17 $0.41 ontinq. $0.50 00 $6.50 TOTALS $3.15 .17 $3.60 $2.75 $3.21 1H Annex $2.20 .17 $2.57 310 Flem. $0.18 .17 $6.21 Continq. $0.50 00 $0.50 TOTALS $2.88 .17 $3.28 $3.•00 $3.43 510 Thom. $0.70 .17 $0.82 ire Res $0.50 .17 $0.59 dm Bldg $1.00 .17 $1.17 sec $0.50 .17 $0.59 Conting. $0.25 00 $0.25 TOTALS $2.95 .17 $3.42 ** rolls NOTE: Figures ssume $500,000 contingency forward ntact from year to year. How- ever, the amount available will likely decrease7over the life of this project." YY 1 4, "Jackson Square/Truman School Renovation Proposed Scenario Synopsis of Proposed Facility Reuse Based upon discussion with the Monroe County Board of Commissioners and the Constitutional Officers, and as a result of the preliminary workshop the following sce- nario is suggested. This scenario accommodates the Constitutional Offices and Commissioners space needs and doubling the Judicial space currently occupied. Additionally, it eliminates leased space by these user groups. The main Truman School Building would be renovated for occupancy by the Tax Collector, the Property Appraiser and one Commission Chamber. The Truman School Additions (Cafeteria & Classrooms) would be demolished in order to satisfy site parking requirements. Storage space currently used by several Constitutional Officers would be relocated in a newly constructed storage building on Stock Island. Once the new Jail construction is complete and the currently used Jail space vacated, the majority of the Court House Annex would become Judiciary space with a portion remaining for the Sheriff's court support func- tions. The existing Jail kitchen has been proposed for future kitchen use by the County's Nutrition Program. Should this use not be needed the space would be further available for the Judiciary. Space in the lst floor of the current Jail in the Court House Annex is available for occupancy by Public Works. We recommend HRS Juvenile Holding remain in its existing location with some expansion. The Clerk of the Courts offices would expand in the Old Courthouse. This building would also provide a Commission Chamber on the lst floor with the 2nd floor allocated to the County. Attorney. To help alleviate current parking problems on the Jackson Square site and to consolidate the Sheriff's operations, a new Stock Island facility for the Sheriff's Department is contemplated. The Lester Building would be available for occupancy by the State Attorney and the Supervisor of Elections. The Public Defender's office currently in lease space would be relocated to 310 Fleming Street lst and 2nd floors and the 510 Thomas Street building would be demo- lished making space for critically needed parking." Roll call vote was unanimous. MISCELLANEOUS Growth Management Division Director Bob Herman, attorney Michael Halpern, and Bob Apgar discussed proposed settlement of the Shark Key case pursuant to court -ordered mediation. Motion was made by Commissioner London and seconded by Commissioner Jones to authorize the attorneys to 1 1 1 YY 135 1 proceed to finalize the se described in the attached stipulation. Mr. Halpern, Development Corporation, i terms of the proposed sett was taken with the followi Commissioner Chea Commissioner Jone Commissioner Lond Commissioner Stor Mayor Harvey Motion carried. A Public Hearing amendment to Chapter 9.5 o which will implement a sys permits in the unincorpora of publication was noted f individuals addressed the Bill Spottswood, Eric Beat Smith, Joyce Newman, Steve Clerk advised that he was Tittle and John Swisher an into the record. Motion w seconded by Commissioner J letters up to the five -min was taken with the followi lement agreement on the terms oposed development agreemet and epresenting Shark Key icated their agreement with the ment agreement. Roll call vote results: No Yes Yes t No Yes RRARTWng s held to review a proposed) text., the Monroe County Code Amended, m for the allocation of building d areas of Monroe County. Proof the record. The following ard: Lloyd Good, Simon Klein, e, Henry Morgenstern, Bill' enson, Monica Haskell. The possession of letters froi� Fred requested to read those letters made by Commissioner Cheal and es to authorize the reading of e time limit. Roll call vote results: Commissioner Cheap Commissioner Jones Commissioner London Commissioner Stor-ont Mayor Harvey Motion carried. Attorney Jim Hendrick disculssed 9.5-121(E). Motion was made by seconded by Commissioner LoI don the recommendation of staffiand 9.5-121(E) Type of 2. A residential dwe strated by a traf reviewed for suff Planning and appr with the followin unit is so locate County major tran evacuation of suc of a threat of a shift the critica shown in the Dece Post, Buckley, Sc portation Analysi increase the traf road segment and, the overall Count clearance time. residential dwell Yes No Yes No Yes i a proposed Subsection Commissioner Stormont and to approve the following per counsel: lopment Not Affected ling unit which is demon- ic study submitted to and ciency by the Director of ved by the BOCC, to comply criteria: the dwelling with respect to the Monroe portation network that dwelling unit in the event lass 3-5 hurricane will not (controlling) road segment ber 1991 update of the 1989 ah & Jernigan, Inc. Trans - for Monroe County nor is volume on the critical therefore, not increase hurricane evacuation 11 previously authorized nQ units to be located in YY 136 Rev I sec the area designated as Zone 7 in that 1989 Transportation Analysis are found to comply with the above criteria and are exempt. Roll call vote was unanimous. John Fernsler of Wallace -Roberts -Todd discussed several technical amendments to the Draft Ordinance. Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to approve the following amendments to the Draft Ordinance dated 6-22-92 so as to now read as follows: Section 1. Purpose and Intent The purpose of this Amendment is to implement goals, objectives and policies of the Florida Keys Comprehensive Plan related to protection of resi- dents, visitors and property in the County from natural disasters, specifically including hurri- canes, by adopting a Dwelling Unit Allocation Ordinance limiting annual residential development in Monroe County to an amount and rate commensurate with the County's ability to maintain a reasonable and safe hurricane evacuation clearance time, as determined by policy decisions and recently completed studies. The present hurricane evacua- tion clearance time in Monroe County is unacceptably high. Based on a continuation of Monroe County's historic rate of growth, clearance time will continue to increase. Therefore, con- sistent with its responsibility for protecting the health and safety of its citizens, Monroe County must regulate the rate of population growth commensurate with planned increases in evacuation capacity to prevent further unacceptable increases in hurricane evacuation clearance time. Regula- tion of the rate of growth will also help to prevent further deterioration of public facility service levels, irreversible environmental degra- dation, and potential land use conflicts. 2.1.5.1 There currently is only one evacuation route: U.S. Highway 1, until such time that improve- ments to Card Sound Road are completed. 2.1.5.2 Evacuation to adequate shelters in Dade County would require a clearance time of 35 to 37:75 hours, depending upon levels of seasonal occupancy. 2.1.5.3 Comprehensive hurricane evacuation studies show -that storm tides and sustained tropical storm winds will likely arrive 6-12 hours before hurricane landfall, depending on the intensity, forward speed, and size of the hurricane. 2.1.6 Evacuation of residents to shelters located in the Keys is only a last resort in a category 3, 4, or 5 hurricane. 11 1 1 N YY- 137 1 1 1 2.2.1 In 1989, the U.S. contracted with t Buckley, Schuh & update hurricane upon more recent anent and seasona behavioral inform modeling techniqu 2.2.1.2 The calculated ev in hurricanes Ele hurricane Hugo in 2.2.1.4 .rmy Corps of Engineers engineering firm of Post, rnigan, Inc. ("PBS&J") to acuation traffic data base zards data, updated perm - population figures, ion and transportation uation times were verified and Kate in 1985 and in 989. The Study was based upon a category 3-5 storm (the most severe), and assumes that all of the Keys will be subject to evacuation since none. of the designated shelters in the Keys provide safe refuge in a category 3-5 storm. 2.2.2 Based upon behavi of South Florida, ing participation residents. 2.3.1 Monroe County's 35 clearance time is state and in the n 2.3.1.3 Approximately 1101 of evacuation clea based on a vehicle vehicles per hour, ing vehicles per e estimated future a participation rate 2.3.1.4 analysis by the University he Study assumed the follow ates for evacuation of Keysj hour hurricane evacuation ne of the worst in the tion. developable units per hour ance time has been estimate! evacuation rate of 1145 an average of 1.30 evacuat-, acuating unit and an ditional resident/visitor of 80%. Since 1972, Monroe County has permitted an average of 552 new single-family dwelling units per year, wh1ch equates to an additional 1..247 persons per ear or an additional 32.5 minutes of clearance time per year. 2.3.1.4 (new item/adj�st numbers for original 2.301.4 and following) Approximately 255 per year for 10 ye hurricane evacuati hours with due con already permitted future development snits can be accommodated ors while maintaining a in clearance time of 30 iideration of development >ut not constructed and in municipalities. YY 38 2.3.1.5 Until 1991, the County considered only one evacuation route -- U.S. 1. In August, 1991, the Board directed that Card Sound Road be used for evacuation in addition to U.S. 1. Subsequently, the Board directed that Card Sound Road be relied upon only when improve- ments are completed. 2.3.1.6 Inclusion of an additional out -bound lane on Card Sound Road in the calculation of evacua- tion capacity has the effect of reducing hurricane evacuation clearance time to approx- imately 24.75 hours once the projected road improvements are completed. 2.3.3 At the historic rate of growth of 552 new single-family homes per year and assuming that Card Sound Road is improved to function as a viable evacuation route, Monroe County's hurricane evacuation time will rise again to more than 30 hours by the year 2000. 2.5.1 The Board finds that there presently exists in Monroe County a serious risk of injury, loss of life, and property damage from the occur- rence of a hurricane, as shown by the Monroe County Comprehensive Plan Hurricane Evacuation Analysis by Post, Buckley, Schuh & Jernigan, Inc. (December 1991). 2.5.2.5 The County recognizes that based on an esti- mated 1.3 evacuating vehicles per residential unit and an evacuation rate of 1145 vehicles per hour, each additional evacuating dwelling unit adds approximately 4 seconds to -the hurricane evacuation clearance time. 2.5.2.7 The County recognizes that every resident and visitor should have the opportunity to evacu- ate within a realistic and reasonable limit, which has been determined by the Board to be 30 hours by the year 2000. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey Motion carried. Cheal Yes Jones No London Yes Stormont Yes Yes Motion was made by Commissioner Cheal and seconded by Mayor 1 1 I yy 139 1 1 1 Harvey to approve the following amendments to the Draf Ordinance dated 6-22-92 sous to now read as follows: 2.3.1.8 In addition to they projected improvements to Card Sound Road, the only other planned trans- portation improvement that would increase hurricane evacuation capacity in the near future is the planned widening of U.S. 1 from south of Florida City to Key Largo; however, this improvement is not scheduled for con- struction until 1995/96, and is presently unfunded. Section 9.5-120.1 Definitions 3. "Annual Allocation Period" means and refers to the twelve-month period from the effective date of the Dwelling Unit Allocation Ordinance to its one-year anniversary date, and subsequent one-year periods.. Section 9.5-121.1 Residential Dwelling Unit Alloca (D) Exempt and Vested Development. 1. Any building permit for residential dwelling units issued by the County during an allocation period to vested development shall be subtracted from! the annul residential dwelling unit; allocation for that allocation period. 2. After subtracting "tractin building permits issued for vested residential dwell-' ing units by subarea and by quarterly, allocation period the Director of Planning shall redetermine the quarterly residential dwelling unit allocation in accordance with the following principles and guidelines. (a) if the number of vested residen- tial dwelling units is less than 50% of the quarterly allocation, for the affected subarea, such vested residential dwelling units shall be subtracted from the quarterly allocation and only the remainder of the quarterly allocation shall be available for allocation in that quarterly period; (b) if the number of vested residen tial dwelling units is 50% or more of the quarterly allocation for the affected subarea, only 500 of such vested residential development shall be subtracted' fron the quarterly allocation and the remaining 500 of the quarterly allocation shall be available for allocation in that quarterly period; in that event, tions YY 140 the "excess" residential dwell- ing units shall be determined and subtracted pro rata from future allocation periods so that an average annual build -out of 255 dwelling units is not exceeded. Point Dedication of Vacant, Buildable Assignment Lots/Unplatted Lands An additional two (2) points shall be assigned for each additional legally platted buildable lot, and for each one acre of unplatted buildable land located in areas proposed for -acqui- sition by governmental agencies for purposes of conservation or resource protection, which lot(s) or acreage is dedicated to Monroe County. Point Assignment Structural Measure (B) 2. for dedications, a statutory warranty deed, subject to the approval of the Board of County Commissioners prior to filing in the office of the Clerk of the County, which conveys the dedicated property to the County; Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey Motion carried. Cheal Yes Jones No London Yes Stormont Yes Yes Growth Management Division Director Bob Herman and Pat McNeese addressed the Board. Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to approve the following amendments to the Draft Ordinance dated 6-22-92 so as to now read as follows: Section 9.5-120.1 Definitions 5. "Known habitat of threatened/endangered animal species" is one that has docu- mented evidence of sightings, collection, trapping, or direct evidence of the presence of the animal(s) in a specific habitat area (as documented on the County's Threatened and Endangered Species Maps). 6. "Probable habitat of threatened/ endangered animal species" is one where there is a lack of direct evidence docu- menting the presence of an animal, but where the habitat area is suitably 1 1 I 1 1 yy 141 9 I - T, rp close to an existing population to make colonization possible, and is of a size and ecological character sufficient to support the nimal(s) (as documented on the County's Threatened and Endangered Species Maps). "Potential habitat of threatened/ endangered animal species" is one where there is a lick of direct evidence docu- menting the rresence of an animal and where the habitat area is not suitably close to an existing population to make colonization possible, but the habitat area is of a size and ecological character su ficient to support the animal(s) (as documented on the County's Threatened aqd Endangered Species Maps). Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Jones No Commissioner London Yes Commissioner Stormont Yes Mayor Harvey Yes Motion carried. Motion was made by Commiss Commissioner Cheal to appr Draft Ordinance dated 6-22 Section 9.5-120.1 Def 13. "Wide-ranginc animal speciE typically mo% seasonally. listed habita ranges (as do Threatened an Roll call vote was taken w Commissioner Chea Commissioner Jone Commissioner Lond Commissioner Stor Mayor Harvey Motion carried. The Board and Staff discus 10 and 11 of the Draft Ord reference to the County's Maps. Motion was made by Commiss Commissioner Stormont to a the Draft Ordinance dated follows: I oner Stormont and seconded gay ve the following amendment too the 92 so as to now read as follows: initions threatened or endangered ' s" is one whose individuals e over a,large area, usually They occur in any of the is within their mapped ::umented on the County's 3 Endangered Species Maps). the following results: Yes No Yes t Yes Yes d Items 5, 6, 7 and 13 on Plages ance dated 6-22-92 and the reatened and Endangered Species ner Cheal and seconded by rove the following amendment to 22-92 so as to now read as YY 14 2 Point Potential Impact on Habitat of Assignment Threatened and Endangered Animal Species/Potential Disturbances to Threatened and Endangered Animal Species Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Jones No Commissioner Stormont Yes Mayor Pro Tem London Yes Motion carried with Mayor Harvey not present. Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to approve the following amendment to the bottom of Page 26 of the Draft Ordinance dated 6-22-92 so as to now read as follows: Dwelling unit(s) within a known habitat of documented threatened/endangered species. Dwelling unit(s) within a probable or potential habitat of threatened/endangered species. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Jones No Commissioner London Yes Commissioner Stormont Yes Mayor Harvey Yes Motion carried. Motion was made by Commissioner Stormont and seconded by Commissioner London approve the following amendment to the bottom of Page 23 of the Draft Ordinance dated 6-22-92 so as to now read as follows: 3. Affordable Housing Points shall be assigned to Allocation Applications for proposed dwelling units which contribute to the supply of afford- able housing in Monroe County: Point Assignment Affordable Housing (+5) Dwelling units will be restricted to households that derive at least seventy (70) percent of their house- hold income from gainful employment in Monroe County, and the use of the dwelling unit(s) will be restricted for a period of at least twenty (20) years to households with an income no greater than one hundred twenty (120) percent of the median house- hold income for Monroe County. 1 1 1 yy 143 1 F� 1 Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner -Jones No Commissioner London Yes Commissioner Stormont Yes Mayor Harvey Yes Motion carried. Motion was made by Commissioner Cheal and seconded by Commissioner London to approve the following addition to the Point Assignment - Structujal Measure portion of Page 29 of the Draft Ordinance dated 6, 22-92 to read as follows: An additional one poi wind load of 155 mph a qualified engineer. Roll call vote was taken w if dwelling unit meets a greater, as certified by the following results: Commissioner Chea-1 Yes Commissioner Jones No Commissioner London Yes Commissioner Stormont Yes Mayor Harvey Yes Motion carried. Motion was made by Commiss Commissioner Jones to amen Dwelling Unit" on Page 10 6-22-92. During discussio Motion was made by Commissi Commissioner London to appx Subparagraph (d) on Page 26 6-22-92 to read as follows: I ner Stormont and seconded by the definition of "Residential the Draft Ordinance dated' the motion was withdrawn. ner Cheal and seconded by ve the following amendment of the Draft Ordinance dates (d) Such habitat evaluation as contained in (a), (b)_, and (c) above shall not apply to lots in legally platted su divisions, which lots are currently served b7 existing infrastructure, including, at a mi imum, potable water, electricity, and plIved roads. Roll call vote was taken w4h the following results: Commissioner Cheal Cgmmissioner Jones Commissioner Londo Commissioner Storm Mayor Harvey Motion carried. Motion was made by Commissi Commissioner Jones to appro the Draft Ordinance dated 6 follows: Yes ;I No Yes nt Yes Yes )ner Cheal and seconded by re the following amendments to -22-92 so as to now read as 12. Areas of Particular Concern Negative points shall be assigned to Alloca- tion Applications for proposed dwelling unit(s) based upon their location relative to specific Areas of Particular Concern (APCs). The ADCs are found in Volume II pages 189 through 219 and include the following site specific designations: 1. Lignumvitae Key Aquatic Preserve, 2. Coupon Bight Aquatic Preserve, 3. John Pennekamp Coral Reef State Park and Key Largo Coral Reef Marine Sanctuary, 4. Cactus Hammock on Big Pine Key, 5. Freshwater Aquifers with special emphasis being on the Big Pine Key Aquifer, 6. National Key Deer -Wildlife Refuge, and 7. National Great White Heron Wildlife Refuge. The management policies for each of these APCs call for special attention in regulating development within and adjacent to these designated areas. Point Assignment Location Within or Adjacent to APCs (-1) Proposed dwelling unit for each APC it is located within or abutting. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Jones No Commissioner London No Commissioner Stormont No Mayor Harvey No Motion failed. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to deny the Dwelling Unit Allocation Text Amendment Ordinance. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Jones Yes Commissioner London No Commissioner Stormont No Mayor Harvey Yes Motion carried. Motion was made by Mayor Harvey and. seconded by Commissioner Cheal to reconsider the previous motion. Roll call vote was taken with the following results: Fi 1 1 yy. 14 5 F�I 1 E Commissioner Chea Commissioner Jone Commissioner Lond Commissioner Stor Mayor Harvey Motion carried. Motion wa seconded by Commissioner L 2.5.5 with appropriate ren It.is the mandate of take measures to "mai evacuation time. The Ordinance are require ment Agreement betwee These State mandates, State of Florida to b for the cost of imple and to then adopt, as amend following Ordinance amendin Regulations of the County o rate at which the County wi residential dwelling units ability to maintain a reaso cuation clearance time;.pro viding findings; providing provisions and applicabilit dwelling unit allocations; providing evaluation proced appeals; providing for the existing County ordinances severability; and providing vote was taken with the fol Commissioner Commissioner Commissioner Commissioner Mayor Harvey Motion carried. Yes No Yes nt Yes Yes I then made by Mayor Harvey aid don to add the following Policy bering: le 9J-5 that Monroe County ain or reduce" hurricane ssential provisions of this by the terms of the Settle -;I the County and the DCA. mong others, obligate the r primary responsibility nting this Ordinance. d by previous Board action,i the the Land Development Monroe, Florida, regulating the 1 issue building permits for ommensurate with the County's able and safe hurricane eva- iding a purpose and intent;lpro- efinitions; providing general providing for residentialli roviding application procedures; res and criteria; providing;�for ffect of the amendment on r regulations; providing for an effective date. Roll call owing results: Cheal� No Jones No London Yes Stormont Yes Yes ORDINANCt NO. 016-1992 See Ord. Book No. 27 which is incorporated herein by reference. N Growth Management Division Director Bob Hermanland the Board briefly discussedicommercial permitting. There being no fur adjourned. j er business, the meeting was STIPULATION 1. Monroe County shall promptly consider adopting an ordinance allowing for Development Agreements pursuant to Section 166.3223, Fla. Stat. (1991). 2. Monroe County agrees to hold public hearings and consider adoption of the attached proposed Development Agreement. 3. Within two (2) weeks of the adoption of the attached Develop- ment Agreement, the parties shall execute the proposed Develop- ment Agreement. 4. Within two (2) weeks of the execution of the proposed Develop- ment Agreement by all parties, the Shark Key Development Corpora- tion, Michelle Keevan Halpern, Ann Keevan Finch, and Patrick Keevan shall dismiss this action withawt prejudice; each party shall bear its own costs and attorneys fees. 5. The parties agree to jointly move the Court for a continuance of the scheduled trial to allow time for the adoption of the implementing ordinance and Development Agreement. 6. Pursuant to Section 163.3229, Fla. Stat. (1991), as amended by Senate Bill 1882, the executed Development Agreement shall not be effective until the Monroe County Comprehensive Plan is found i.n compliance in accordance with Section 163.3184, 163.3187, and 163.3189, Fla. Stat. (1991). The parties anticipate that the Monroe County Comprehensive Plan will be found in compliance in October 1992. In recognition of the uncertainty of the date that the Monroe County Comprehensive Plan will be found in compliance, the parties agree that upon execution of the Development Agree- ment, the parties shall file the attached Joint Motion and pro- posed Agreed Order. Page 2 DEVELOPMENT AGREEMENT 1. This Development Agreement, dated 1992, between Shark Key Development Corporation, Monroe County, Flori- da, and the Florida Department of Community Affairs is entered into in accordance with Section 163.3227, Fla. Stat. (1991). 2. The legal description of the land subject to this Agreement is attached as Exhibit "A," is hereinafter referred to as Shark Key, and the name of the owner of this land is Shark Key Develop- ment Corporation. ,c C3.) The duration of this Agreement shall be nine years. This Agreement shall take effect on the date that Monroe County's Comprehensive Plan is found in compliance in accordance with Sections 163.3184, 163.3187, or 163.3189, Fla. Stat. (1991), the ,Florida Local Government Development Agreement Act. 4. The development uses permitted on the land are single-family residential and associated recreational amenities at a building height as permitted by the land development regulations of 'Monroe County, Florida. Although a total of seventy-four (74) total single-family residential units were previously platted on the land, this Agreement only addresses the remaining unsold lots as identified in Exhibit "B." • Public facilities currently available to service the develop- ment include: a. domestic water by the Florida Keys Aquaduct Authority, and b. electric by Florida Keys Electric Cooperative. / _ Local development permits needed to be approved for the devel- opment of the land include: a. Monroe County building permits, and b. all other permits required by the Monroe County land development regulations. The proposed development is consistent with Monroe County's Comprehensive Plan and Land Development Regulations. Specifical- ly, this Agreement will not have an adverse impact on the pro- posed residential dwelling unit allocation ordinance. Page 2 , . The following conditions have been determined by the local government to be necessary for the public health, safety, and welfare of its citizens: the developers have previously agreed to reduce the commu- nity impacts of the development from a one hundred and twen- ty-eight (128) unit multi -family development with an associat- ed three hundred (300) seat restaurant, plus commercial facil- ities, to the present seventy-four (74) unit single-family development; the visual impact of the development has also been re- duced from four (4) story condominium buildings and a one hundred and thirty-seven (137) foot high lighthouse to low rise single-family homes situated among palms and lagoons; the low rise nature of the single-family homes on the land as well as the abundant open spaces facilitate fire protection and require no special fire department equipment, 1. there are no tropical hammock communities present on the land, and all environmentally sensitive areas on the land have been, and will be, retained in their natural state; Page 3 e . boa — 'ice—� _ n pro i Lis (W develop �wh off s re is ; there are no threatened or endangered species on the land; the developers have enhanced the natural habitat areas on the land through the introduction of lagoons, shoreline stabi- lization, and vegetation improvements; X, the developers have installed all new xeriscaped vegeta- tion on the land, in addition to extensive landscaping offsite along adjacent Route 1, all at developer's expense; the developers have installed off -site improvements to ///the entrance road and turning lanes leading to the develop- ment; the developers have installed extensive recreational areas and amenities necessary for the residents of the devel- opment all on -site, and k/. the developers have installed, at their expense, an exten- sive community center on the land and made it available for public use. Page 4 9. Beginning with the effective date of this agreement, the following development rights are hereby approved at the following rate: r. a. For the year 1992, developer or its successors and assigns shall be entitled to one (1) building permit per quarter (three months) for a total of four (4) building permits for the year 1992. b. Beginning on the 1st day of January, 1993, for period of seven and three-quarters (7.75) years, developer or its successors and assigns shall be entitled to one (1) building permit per quarter ( three months) for a total of four (4) building permits per year. At the end of the seven and three-quarters (7.75) year period, until the termination of the ten (10) year term of this agreement, developer or' its successors or assigns shall be entitled to use the remainder of building permits accumulated hereunder at any time. C. Development rights granted hereunder are cumulative and any building permits not used for a given time period may be used in a subsequent time period for the duration of this agreement (ten years). At the end of the ten (10) year period, this agreement shall terminate and the developer or its successors or assigns shall be entitled to permits as the law allows. 1t. At the time of building permit application, the applicant shall comply with all regulations then in effect including, with- out limitation, all building codes and impact fee regulations; however, no such regulations shall be construed to alter the rate of development indicated above.. 11. Monroe County shall set aside the number of allocated build- ing permits from any residential dwelling unit allocation then in effect. Any unused building permits shall accumulate until this Agreement terminates. �'. The number of building permits specified in paragraph 9 above shall be reduced by the number of building permits issued after execution, but prior to the date Monroe County's Comprehen- sive Plan is determined to be in compliance. #. The plat attached as Exhibit �iBN represents the previously approved plat of subdivision for the subject land. The undevel- ,oped lots that are entitled to a building permit pursuant to this agreement are identified on the plat by the letter "P." This Agreement shall not be construed as creating vested rights, nor shall it be construed to abrogate any rights that may vest pursuant to common law. Page 6 li. The failure of this Agreement to address a particular per- mit, condition, term, or restriction shall not relieve the devel- oper of the necessity of complying with the state or federal law r. or Monroe County ordinances governing said permitting] require- ments, conditions, term, or restriction. it. This Agreement is ZYXg on all parties, their successors and assigns. -a_'n BY: SHARK KEY DEVELOPMENT CORPORATION BY: MONROE COUNTY, FLORIDA BY: FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS Page 7 SHARK KEY DEVELOPMENT Legal Description of Shark Key Property Lots 1, 2, 3, 4, 5 and 6 of Block 2; Lots 1, 2, 3, 4, 7, 8, 9, 10, 11 and 15 of Block 3; Lots 1, 2, 4, 6, 10, 11, 1-•12, 13, 19, 20, 21, 22, 26, 27, 28 of Block 4; and Lots 5, 9, 10 and 16 of Block 5 of the SHARK KEY SUBDIVISION as recorded in the Amended and Revised Plat of Shark Key, Plat Book 7, Page 49, as recorded in the Public Records of Monroe County, Florida. TOTAL: Block 2: 6 Block 3: 10 Block 4: 15 Block 5: 4 Total Lots: 35 EXHIBIT A --' �i ,L I tl I H X 3 _• r « o 1 i o.y oY S Y�_Mac4s xgg4 o y \ram �F �` :���g5��s �• s 9 i o 0 3 CT— r N J/ w Q « a+•a'' 9 i t°r i U i137Hf 3 10 3 133Hf 33f \\ iv 'Pso y 2 3° E tj iYs, s I f 7E I- i I I o�(OQ.Si.(! p,sYiA'°Lk V # .jFY 7 7 6� i� JYf$iya• 7 ._t £k y d a 161N oE� 1 � f S .•�a.�l �'� � � f E sb JP,E ; � "ark 3 fi'. ES3n td• g�u i ���r• �;��� it .�Yd e�; f��C���i: .��syt1,� � �� � �! If i� cr! ji r(3 � , g#�a i �t r � Y� �•?a.0 f �j = �o 'E �a1�d � � �y O j Y 3f'2r \� ai �€ u ��'E.#� dl s^•`] CD jell 1 om- y 0" bh 3� sill.$ 1 /0 1 133.9 336 B g n i f^ I 0 � i� d 7 I� � D ✓! `y F- 0 02 4 gco'P-- °} d 9 t � � M rl •f A � r Q U ����