Item R3BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 17, 2007
Bulk Item: Yes No X
Division: Growth Management
Department: Planning & Environmental Resources
Staff Contact: Aref Joulani / Julianne Thomas
AGENDA ITEM WORDING: Consideration of a Development Agreement for Oceanside Marina
(AKA Kings Pointe Marina) 5950 & 5970 Peninsular Ave, Stock Island and Lazy Lakes Campground,
311 Johnson Road Ocean, Sugarloaf Key.
ITEM BACKGROUND: The applicant proposes to build 32 market rate units at Oceanside Marina
and modify the existing layout of the bathhouse, boat barns and add nine (9) boat slips. 60 units of
affordable/employee housing is proposed for Lazy Lakes to replace the existing campground and 21
market rate units will be available to built elsewhere in the Lower Keys.
PREVIOUS RELEVANT BOCC ACTION: This was on the agenda of November 15, 2006 but the
item was not heard and no action was taken. On December 20, 2006, this item was heard and a
recommendation was given to transmit the agreement to the Department of Community Affairs (DCA)
for their review and recommendation.
CONTRACT/AGREEMENT CHANGES: Not applicable
STAFF RECOMMENDATIONS: This is a complex and interesting proposal which could greatly
benefit Monroe County. If conceptual approval has been received from DCA, staff recommends
continuance until a final agreement can be reached.
TOTAL COST: NA BUDGETED: Yes No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included Not Required
Additional information to be provided.
DISPOSITION:
Revised 8/06
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To:
Through:
From.:
Date:
RE:
MEMORANDUM
MONROE COUNTY PLANNING DEPARTMENT
The Department of Community Affairs ?
Aref Joulani,
Sr. Director of Planning & Environmental Resources x,
Donna Bosold, Planning Coordinator`
Julianne Thomas, Planner
January 8, 2007
Kings Pointe Marina/ Lazy Lakes Development Agreement & 380 Agreement.
Oceanside Marina aka Kings Pointe Marina, LLC is located at approximate mile marker
4 on Stock Island having deal Estate Ntimbers: 0012 7440.000100 through
00127420.002500, 00127420.000601 thrortgh 00127420.000675, 00127430,000101
through 00127430.000211, 00127420.000000 and 00127420.000100.
Lazy Lakes is located at approximate mile marker 19 on Sugarloaf Key having Real Estate
Number 00118320.000100.
Development Agreement for Kings Pointe Marina/Lazy Lakes
I BACKGROUND INFORMATION:
Kings Pointe Marina
A. Size of Site: approx. 11.16 acres, subject to verification. County Biologist
review indicates that up to 1/2 acres may be covered with Mangroves and
thus not available to be considered as upland area for purposes of density
calculations.
B. Land use District: Mixed Use (MU)
C. Future Land Use Designation: Mixed Use/Commercial (MC)
D. Proposed Tier Designation: Tier III
E. Existing on Site: 22 permanent units, boat storage, restaurant, store,
docks, 32 live-aboards, boat ramp
Lazy Lakes Campground
A. Size of Site: approx. 5.87 acres
B. Land use District: URM (Urban Residential Mobile Home)
C. Future Land Use Designation: Residential High (RH)
D. Proposed Tier Designation: Tier I
E. The site also includes approx. 7 acres of land designated NA (Native
Area) with a FLUM of RC (Residential Conservation)
F. Existing on Site: 50 mobile homes (permanent units), 48 RV spaces
(transient units), swimming pool, office
Staff recognizes that the 60 affordable units to be built at Lazy Lakes is important to
Monroe County, and that Kings Pointe Marina may be able to attract visitors and
investors to Monroe County. As such, staff is committed to working out an agreement
that complies with the County Regulations to the greatest extent possible, benefits
Monroe County, and is still economically viable for the investors.
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II. REVIEW OF APPLICATION
Factual Clarifications
In Paragraph 4 of the Preamble, Lazy Lakes Campground is identified as being
12.55 acres. It is 12.55 acres but approximate 7 acres has a Land Use District
designation of Native Area (NA) and has limited development potential.
❖ In Paragraph 15 of the Preamble, the applicant creates "Redevelopment Rights"
which contain both Transferable ROGO Exemptions (TREs), and Transfer of
Development Rights (TDRs). The MCC and Comprehensive Plan do not
recognize a combined right such as this.
❖ When TDRs are transferred off site, the land looses its development potentials.
o URM allocated density is 5 units per acre for mobile home parks.
Transferring development rights from URM to MU is prohibited because
the allocated density of MU is less than URM under MCC §9.5-265 (a) (7).
*:• In Paragraph 18 of the Preamble, the Applicant refers to a ROGO transfer
ordinance to facilitate the type of transfer they desire as being worked or in the
approval process. There are no ordinances in the approval process at this time
which will modify the ROGO transfer process or allow ROGO Exemptions to be
received as Market Rate Units.
•3 §ILC and §IV.D.2 state that five (5) affordable units will be transferred from
another site owned by Kings Pointe Marina. Staff would like this site to be
identified and verify that there are five (5) affordable units on the site available
for transfer.
§11.0 and §II.E transfer a total of fifty-three (53) units from the Lazy Lakes
property to be received as Market Rate Units.
o The Applicant does not distinguish between transient and permanent
ROGO exemptions in these sections.
o There are only thirty-five (35) permanent market rate units available for
transfer so eighteen (18) transient units are being received as permanent
market rate units.
o There is no mechanism to convert transient ROGO exemptions to
permanent ROGO exemptions or vice versa.
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Tr Ir ir, _ Annlicant Prnnn�al
Location
Existing
Kings
Pointe
Transfer Oft
site as
market rate
Transfer
Market Rate
to County
Lazy
Lakes
Lazy lakes Mobile Hones - Permanent Market
rate units
35
32
21
0
-18
Lazy Lakes Mobile Homes - Permanent
Market rate units required to be developed
onsite per inclusionary housing
15
0
0
0
15
Lazy Lakes RV Spaces - transient units
48
0
0
48
affordable units from applicant
5
0
0
0
5
affordable units from County
10
0
0
0
10
TOTAL
113
32
21
1 0
1 60
Conflicts with Coin Land Development Regglations
❖ §11.0 requests that thirty-two (32) Transferable ROGO Exemptions (TREs) be
transferred with TDRs and received as Market Rate units at the Kings Pointe
Marina site.
o TREs are defined by §9.5-120.4(b)a.
o TDRs are defined by §9.5-265.
o There is no mechanism to receive units as Market Rate Units
o Two separate processes govern these transfers pursuant to the Monroe
County Code.
■ Development Rights are only required for sites built above allocated
density. For permanent units at the Kings Pointe Marina site, the site
is over allocated density which is 1 unit per acre.
■ Kings Pointe Marina would not need TDRs if the ROGO exemptions
transferred and built were transient units. Allocated density for
transient units is 10 units per acre.
❖ §11.1) identifies that a total of sixty (60) affordable housing units will be built on
the Lazy Lakes site.
o The Lazy Lakes site will be over allowable maximum net density; only
permanent residential density is protected by §9.5-268, so only fifty (50)
units can be built back as long as TDRs are not transferred off of the
property.
a §9.5-261 prohibits redevelopment of any parcel above 100% density.
❖ §11.E requests that twenty-one (21) TREs and associated TDRs be transferred
from Lazy Lakes to "appropriately zoned sites elsewhere in Monroe County" as
market rate units.
a §9.5-120.4(b)a.iii)(1) lists the criteria for redevelopment off site of ROGO
exemptions. There is no mechanism to receive ROGO exemptions as
market rate units.
o TDRs are not required when building at or under allocated density.
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■ Development Rights are only required if a site is built above
allocated density. Allowing the transfer of these 21 units along
with development is tantamount to approving a 21 unit market
rate condominium project on an MU or SC lot.
❖ §ILI requests that the Floor Area Ratio and NROGO calculations be eliminated
for the proposed boat barn dry storage facilities.
o Ordinance 037-2006 was recently passed by the BOCC. This ordinance
permits that any boat barn dry storage up to 50% of the net buildable area
of the parcel will not be assigned a FAR and does not need NROGO.
o The proposed boat barn dry storage barn can comply with this Ordinance
without causing the site to be over density and bring the agreement into
greater compliance.
❖ §11.L requests that the transfer of the ROGO exemptions and development rights
be accomplished and finalized by adoption of the agreement.
o The MCC requires that this action is achieved is via a Minor Conditional
Use Application.
• The ROGO exemptions cannot be used at Lazy Lakes and Kings
Pointe Marina at the same time. This needs to be verified and
recorded by staff inspection.
o The applicant may be able to include this as part of the major conditional
use permit that is required by this agreement.
❖ §IV.D.2 states that the fifty affordable housing units will have C.O.s prior to the
32-d unit built at Kings Pointe Marina.
o Staff cannot confirm that this meets the concurrent construction as
contemplated by the code in §9.5--266.
❖ §111 provides a definition for affordable housing which is more restrictive than
that of the Monroe County Code.
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t , _ ••-. - BOARD OF COUNTY
UNTYSO�MONROE
KEY WESTLORIDA33040O0
(305) 294-4641 {.
Suzanne A. Hutton, County Attorney*
Robert B. Shillinger, Chief Assistant County Attorney
Pedro J. Mercado, Assistant County Attorney''=
Susan M. Grinnsley, Assistant County Attorney **
'
Natileene W. Cassel, Assistant County Attorney
Cynthia Hall, Assistant County Attorney
** Board Certified in City, County & Local Govt, Law
January 8, 2007
By E-mail and Federal Express
Mr. Clark Turner, Administrator
Areas of Critical State Concern
Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, F132399-2100
Mayor Mario Di Gennaro, District 4
Mayor Pro Tern Dixie M. Spehar, District 1
George Neugent, District 2
Charles "Sonny" McCoy, District 3
Glenn Patton, District 5
Office of the County Attorney
PO Box 1026
Key West, FL 33041-1026
(305) 292-3470 — Phone
(305) 292-3516 — Fax
Re: Proposed 380 Agreement between Kings Point Marina LLC, Monroe County, and DCA
Dear Mr. Turner:
Attached please find the proposed agreement referenced above.
The Board of County Commissioners asked that this agreement be transmitted to you to
determine if we should proceed further with this process. The item is scheduled to be heard
again at the January 17, 2007, meeting of the Board.
Upon re -reading the agreement, it appears that paragraph N. D.2. requires affordable housing to
be built only prior to the last (32nd) unit of vacation rental/permanent housing at the Kings Pointe
development. This may just be a drafting problem, but I am concerned that there is a possibility
that if only 31 units are constructed, that there may be no obligation to build the affordable
housing at Lazy Lakes. The County's remedies in case of non-compliance are questionable.
I have asked the Planning Department to identify some of the issues that might be of concern to
you in evaluating the project. Enclosed is a copy of its analysis to assist in your review. Of
Mr. Clark Turner
January 8, 2007
Page Two
course, the availability of 50 new units of affordable housing would be beneficial to Monroe
County. I look forward to hearing from you before the January 17`h meeting date.
Thank you for your cooperation.
Sincerely,
Suzanne Hutton
County Attorney
Cc: Mayor and County Commissioners
Tom Willi, County Administrator
Aref Joulani, Director of Planning
Tracy Suber, State Planning Administration
Richard Shine, Esquire
Don Craig
AGREEMENT
Pursuant to F.S. §380.032(3)
An Amendment to a Previous Agreement
KING'S POINTE MARINA AND RESORT
MONROE COUNTY, FLORIDA and the FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS
THIS AGREEMENT ("Agreement") is entered into by and between the County of
Monroe ("County"), a subdivision of the state of Florida, King's Pointe Marina LLC ("KPM ), a
Florida limited liability company, and the Florida Department of Community Affairs ("DCA")
pursuant to Section 380.032, Florida Statutes.
WITNESSETH:
WHEREAS, KPM is the owner of real property in Monroe County, Florida, located
within unincorporated Monroe County at the intersection of Maloney Avenue and Peninsular
Avenue on Stock Island, consisting of three parcels encompassing approximately 9.46 acres of
uplands (the "KPM Parcel") as more particularly described in the boundary survey attached
hereto as Exhibit A; and
WHEREAS, the KPM Parcel is part of a larger parcel of land (the "Marina Parcel")
which encompasses the KPM parcel as well as a boat slip condominium of ninety-six (96) slips,
a residential condominium of twenty-two (22) units, and a dry boat storage condominium; said
King's Pointe Development Agreement
01/05/07 Draft2 Page I of 26
Marina Parcel being 11.12 acres in size and being more specifically described on the Sketch of
Legal Descriptions attached hereto as Exhibit B; and
WHEREAS, principals of KPM are contract vendees of a parcel of real property in
unincorporated Monroe County, Florida, located at approximately mile marker 20 on the South
side of U.S. 1, commonly known as the Lary Lakes Campground, consisting of one parcel
approximately 12.55 acres in size (the "Lary Lakes parcel", more particularly described in the
boundary survey attached hereto as Exhibit C) developed with fifty (50) mobile homes and forty-
eight (48) recreational vehicles sites representing a total of ninety-eight (98) Residential Rate of
Growth Ordinance (ROGO) exemptions (the "TREs") that the County and DCA recognize as
transferable, together with the density rights associated therewith, to eligible sites within
Monroe County including the KPM parcel; and
WHEREAS, Section 380.032, Florida Statutes, authorizes DCA to enter into agreements
with landowners and local governmental entities to effectuate the provisions and purposes of the
Florida Environmental Land and Water Management Act, which created the Florida Keys Area
of Critical State Concern; and
WHEREAS, KPM is the successor in interest to Key West Oceanside Marina, Inc. which
entered into a development agreement (the "existing Agreement') with County dated February,
2000 concerning development of the Marina Parcel, a copy of the existing Agreement being
attached hereto as Exhibit D; and
WHEREAS, the existing agreement had a fourth party signatory , Paradise Park, Inc. of
Big Pine Key , whose obligations and allowed development according to the existing agreement
have all been fulfilled and constructed, there is no need for that party to remain obligated by this
amendment and is therefore removed from the agreement by this modification ,and
Deleted: 1/5i0712n3roe
/ 5.07 King's Pointe Development Agreement
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WHEREAS, the parties agree that amendment of the existing Agreement as provided
herein is in the public interest, effectuates the provisions of the Florida Environmental Land and
Water Management Act, and is consistent with the Principles For Guiding Development in the
Florida Keys Area of Critical State Concern, and
WHEREAS, the parties agree that the principles, entitlements, and understandings set
forth in the existing Agreement will remain in force to the extent not in direct conflict with any
provisions of this amendment; and
WHEREAS, in numerous Resolutions and ordinances adopted by the County, the Board
of County Commissioners has expressed its desire to facilitate development and redevelopment
of marinas in the County when that redevelopment maintains or increases access to water and
waterfront areas, enhances the economy of the County for the benefit of its residents, creates
needed infrastructure improvements, and provides affordable housing for the workforce of
Monroe County; and
WHEREAS, the County at every opportunity has encouraged the provision of affordable
workforce housing by amending land development regulations, entering into agreements that
provide incentives for private development of affordable housing, and creating public -private
partnerships to build such housing; and
WHEREAS, King's Pointe Marina provides employment to residents of Monroe County,
is an integral part of the economy of the Lower Keys, and attracts tourism to Monroe County and
Stock Island; and
WHEREAS, redevelopment of King's Pointe Marina will further the County's policy of
encouraging redevelopment of marinas in a manner consistent with protecting and enhancing that
vital segment of the Florida Keys economy; and
1 507 King's Pointe Development Agreement
Draft 2 Page 3 of 25
Donald Leland Crai 115107 10A0 AM
WHEREAS, existing development of the Marina Parcel consists of one hundred fifty-
eight (158) dry slips, twenty-two (22) residential condominium units, ninety-six (96)
condominium wet slips, and associated commercial development including a restaurant, lounge
and ship's store; and
WHEREAS, KPM proposes by this Agreement (a) to provide substantially more units of
affordable workforce housing than County LDRs require in connection with the addition of 32
market -rate units, (b) to sponsor a university student/faculty site -specific design study of the
Lazy Lakes parcel, directed to analyze sustainable -design alternatives and to create a workforce
housing model incorporating features determined to be feasible for Florida Keys workforce
housing, (c) Stormwater collected from Stock Island storm drains located northerly of the
marina parcel is currently delivered by county to nearshore waters via pipe located in an
easement across the marina parcel. Kings Pointe Marina will design its stormwater facilities
with sufficient capacity to receive this county stormwater. The incremental cost of expanding
KMP's stormwater facilities to receive county stormwater will be jointly determined by KPM
and county and allocated to county pursuant to subsequent agreement, and (d) to improve the
King's Pointe Marina Parcel by controlling storm -water runoff, upgrading marina pump -out
facilities to meet current standards, and bringing development on the property into compliance
with the setback, open space, and buffer yard provisions of the County's LDRs to the maximum
extent practicable; and
WHEREAS, redevelopment of the King's Pointe Marina Parcel as authorized by this
Agreement is reliant upon transfer from the Lazy Lakes parcel to the KPM parcel of thirty-two
(32) TREs and associated development rights ("TDRs") (TREs and associated TDRs being
collectively referred to herein as "Redevelopment Rights"); and
1. ii07 King's Pointe Development Agreement
Draft 2 Page 4 of 25
Donald Leland Crai 115/07 10,40 AM
1 .
i
WHEREAS, transfer of 32 TREs to the KPM parcel satisfies the requirement of County
Code Section 9.5-120.4(b)(d) that redevelopment not increase hurricane evacuation times for
residential units in the County; and
WHEREAS, the County has directed its staff to prepare, and the County Planning
Commission to consider, an ordinance authorizing transfer of market -rate transferable ROGO
exemptions to enable and promote the provision of affordable housing either on or off site; and
WHEREAS, the County Planning Commission, after holding public hearings,
recommended approval of a ROGO transfer/affordable housing ordinance and LDR amendments
that will facilitate construction of boat storage facilities, and the Board of County
Commissioners has scheduled hearings, and anticipates action being taken, on an ordinance that
will create the mechanism for transfer of ROGO exemptions as contemplated in this
Agreement, but such ordinances may not become effective for many months and are subject to
challenge by unrelated third parties which may further delay the implementation of such
ordinances; and
WHEREAS, the King's Pointe Marina Parcel is within the Mixed Use (MU) District, a
land use designation allowing construction of 32 units of new multi -family housing that will be
enabled by the transfer of Redevelopment Rights as provided herein; and
WHEREAS, the upland land area on the Marina Parcel is sufficient to meet the density
and intensity requirements in the County Code applicable to development of the KPM Parcel as
provided under this Agreement; and
WHEREAS, the maximum net density limitations of the County Code would preclude
development on the Lazy Lakes parcel of 60 affordable workforce housing units, without benefit
of this Agreement; and
1 /5- 07 King's Pointe Development Agreement
Draft 2 Page 5 of 25
Donald Leland Crai 1/5707 10.40 AM
WHEREAS, the site -specific design study of the Lary Lakes parcel under KPM
sponsorship will produce a substantial public benefit not limited to the site on which it is
conducted, by providing a sustainable -design model for Florida Keys workforce housing; and
WHEREAS, KPM has provided public notice of the parties' intent to consider entering
into this Agreement, by posting the properties subject to this Agreement,; and
WHEREAS, the County Planning Commission held an advertised public hearing on
October 11, 2006, to consider this Agreement, and recommended approval of the Agreement to
the County Commission; and
WHEREAS, the County Commissioners of Monroe County held two advertised public
hearings on December 20, 2006 and January , 2007 to consider this Agreement and the
recommendation of the Planning Commission, and received public input with respect to the
proposal of KPM contained in this Agreement, and has considered the Planning Commission
recommendation, the County staff report, and public input; and
WHEREAS, the Board of County Commissioners of Monroe County has determined that
this Agreement is in the public interest, is consistent with its policy to encourage the
redevelopment of marinas in County consistent with maintaining water access, and will further
the health, safety and welfare of the residents of County;
NOW, THEREFORE, in consideration of the mutual promises and undertakings
contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties
agree as follows:
I. RECITALS. The foregoing Recitals are a part of this Agreement on which the
parties have relied and are incorporated into this Agreement by reference.
iI. PURPOSES OF AGREEMENT.
1J07
King's Pointe Development Agreement
Draft 2 Page 6 of 25
Donald Leland Crai 1/5/07 10.40 AM
The parties agree as follows:
A. To authorize redevelopment of the Marina Parcel consistent with Future Land Use
Element Policy 101.4.23 (recognition of legally established units) and Policy 601.1.5
(encouraging initiatives for the provision of affordable housing); and
B. To recognize the existence of ninety-eight (98) ROGO-exempt units on the Lazy
Lakes parcel, consisting of forty-eight (48) Recreational Vehicle spaces and fifty (50) mobile
homes units/spaces (the "Existing Development"); and
C. To allow development of thirty-two (32) additional units of multi -family market -
rate housing on the KPM parcel by the transfer of thirty-two (32) Redevelopment Rights from
the Lazy Lakes parcel; and
D. To authorize the creation in two phases of (a) fifty (50) units of affordable
workforce housing utilizing forty-five (45) of the ninety-eight (98) ROGO exemptions on the
Lazy Lakes parcel and five (5) other ROGO exemptions from other property owned by KPM,
which ROGO exemptions will be transferred to the Lazy Lakes parcel, and the 50 units
constructed thereon, within a period of three (3) years of the effective date of this Agreement;
and (b) an additional ten (10) units of affordable workforce housing on the Lazy Lakes parcel,
subject to County allocation to the Lazy Lakes parcel of ten affordable -housing Redevelopment
Rights or new Affordable ROGO allocation , thereby creating a total of sixty (60) affordable
workforce housing units on the Lazy Lakes parcel; and
E. To allow transfer of twenty-one (21) Redevelopment Rights from the Lazy Lakes
Parcel to appropriately -zoned sites elsewhere in Monroe County for construction of market -rate
units thereon, which Redevelopment Rights are those remaining after transfer from the Existing
Development to the KPM site of 32 Redevelopment Rights and the retention on site of 45 f I '
Deleted: 1 /5/0712/ 13/06
E l j:'07 King's Pointe Development Agreement
Draft 2 Page 7 of 25
Redevelopment Rights for Phase 1 affordable workforce housing. Such transfer of the twenty-
one (21) Redevelopment Rights shall be approved by Monroe County upon a finding that the
following criteria are met: (1) no Redevelopment Rights may be transferred outside of the Lower
Keys District unless and until the nutrient reduction system is terminated as a result of official
state action or judicial decree; (2) no Redevelopment Rights may be transferred to a Tier 1
zoning district or a special protection area if the construction would require clearing of natural
habitat; and (3) no Redevelopment Rights may be transferred to a site which, if evaluated under
ROGO, would receive negative points under habitat protection, threatened or endangered
species, or critical habitat. Such Redevelopment Rights transfers shall be effective at such time
as KPM identifies a suitable receiver site and so notifies the County; and
F. To reduce adverse impacts of hurricanes by requiring the permanent removal of
at -risk RV and mobile home units from the Lazy Lakes parcel and by constructing residential
structures that meet wind load standards for tropical storms and hurricanes; and
G. To reduce the environmental impacts of development on the Marina Parcel by
connecting all existing and proposed development to the Stock Island wastewater facility,
appropriately addressing stormwater runoff, upgrading marina pump -out facilities, and bringing
the development on the property into compliance with setback, open space, and buffer yard
requirements of the LDRs; and
H. To recognize this Agreement as the appropriate mechanism for authorizing
transfer of density as an integral component of the Redevelopment Rights that are hereby
authorized to be transferred to the KPM parcel, in lieu of any other mechanism for acquisition or
transfer of TDRs; and
1. To eliminate from Floor Area Ratio and NROGO calculations the proposed boat
Deleted: 1 /5/0712/ 13/06
l 5 (1 King's Pointe Development Agreement
Draft 2 Page 8 of 25
barn dry storage facilities at the Marina Parcel; and
J. To allow KPM to add 1,200 square feet of restaurant space to the existing
restaurant at King's Pointe by amending the existing building permit for renovation of the
restaurant.
K. To allow the County to enter negotiations for the purchase of the Lazy Lakes property
from KPM or a related third party for up to 65% of the appraised market value of the Lazy Lakes
site; and
L. KPM and the County acknowledge that the transfer of the thirty-two (32)
Redevelopment Rights from the Lazy Lakes parcel to the KPM parcel shall be accomplished and
finalized by adoption of this Agreement.
III. DEFINITIONS.
For the purposes of this Agreement, the following terms shall have the following
definitions:
Affordable Workforce Housing shall mean workforce housing as defined in Section
420.5095, F.S. restricted to occupancy by essential services personnel as defined in Section
420.5095 (b), F.S. and members of their households for a period of fifty (50) years, renewable
by County for two successive periods of fifty (50) years each. One or more restrictive covenants
incorporating this restriction on occupancy shall be recorded in the public records of Monroe
County, Florida by the owner of the affordable workforce housing property at its sole expense,
prior to issuance of a Certificate of Occupancy for each unit to which the recorded restriction
applies, with copies of the recorded restriction(s) provided to County and to DCA within a
reasonable time after recordation. Upon completion by County of a public -employee prevailing
wage study providing sufficient data for determination of the salary scale for public employees
Deleted: 1 /5/0712/13/06
1 '507 King's Pointe Development Agreement
Draft 2 Page 9 of 25
based or working at the Sugarloaf School, Cudjoe Sheriff's substation, and/or other
government/nonprofit facilities in the Lower Keys, workforce housing household income
restrictions enforceable hereunder and under the deed restrictions shall be adjusted to conform to
the public -employee prevailing wage as determined by the County's study and periodically
adjusted.
Agreement shall refer to this Development Agreement, as the same may be subsequently
amended, modified or supplemented pursuant to its terms and provisions and pursuant to the
provisions of Sections 380.032 et. seq., Florida Statutes.
Annual Report shall refer to the report filed by KPM with County and (as and when
applicable) DCA.
County Code or LDRs shall refer to the land development regulations published in the
Code of Ordinances of Monroe County, Florida.
Comprehensive Plan shall refer to County' s 2010 Comprehensive Plan.
DCA shall refer to the State of Florida Department of Community Affairs, or any
successor agency.
Development shall refer to development of the King's Pointe or Lazy Lakes parcels for
uses permitted by, and subject to, the conditions, obligations, and restrictions contained in this
Agreement.
herein.
Effective Date shall refer to the date this Agreement becomes effective, as set forth
King's Pointe and Lazy Lakes shall refer to one or more of the parcels of real property
described, respectively, in Exhibits B and C hereto.
2010 wastewater standards means the best available treatment standards established by
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Laws of Florida 99-395 for onsite sewage treatment and disposal systems, codified in Section
381.0065, Florida Statutes.
IV. STATUTORY AND CODE REQUIREMENTS.
The parties recognize the binding effect of Sections 380.032 Florida Statutes, et seq., as
to the content and enforceability of this Agreement, and in accordance therewith hereby set forth
and agree to the following:
A. Legal Description and Ownership.
KPM is the sole owner of the KPM parcel that is subject to this Agreement as depicted on
the Boundary Survey prepared by Fred Hildebrandt LS drawing 02-207 attached hereto as
Exhibit A, and is the contract vendee of the Lazy Lakes parcel depicted on the boundary survey
attached hereto as Exhibit C.
herein.
B. Duration of Agreement.
This Agreement shall remain in effect for five (5) years from its effective date as defined
C. Existing Development.
Existing development on the Marina Parcel and Lazy Lakes parcel is identified on the
surveys attached hereto as Exhibit A and Exhibit C.
D. Permitted Uses, Phasing and Affordable Housing.
1. The development permitted on the KPM parcel shall consist of those uses set
forth herein, as identified on the Conceptual Site Plan attached hereto as Exhibit F and
incorporated by reference.
2. KPM (itself or through a related third party) shall develop fifty (50) affordable
workforce housing units on the Lazy Lakes parcel as a first phase utilizing 45 Redevelopment
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Rights from the Existing Development and five (5) additional Redevelopment rights owned by
KPM from another site , and an additional ten (10) affordable workforce housing units as a
second phase utilizing 10 Redevelopment Rights or new Affordable housing ROGO allocations
to be allocated to the Lazy Lakes parcel by the County at such time as it obtains those
Redevelopment Rights. The sustainable design model produced under KPM's sponsorship will
be utilized in design of the Lazy Lakes workforce housing to the fullest extent that County and
KPM determine financially feasible as preliminarily illustrated on Exhibit E, Lazy Lakes
conceptual site plan. KPM shall obtain Certificates of Occupancy for the fifty (50)affordable
workforce housing units in the first phase prior to, or concurrent with construction of, and
issuance of Certificate of Occupancy to, the last [thirty-second (32nd)] market -rate unit
authorized by this Agreement to be constructed on the KPM parcel as illustrated on Exhibit F.
Development of the 10 second -phase units will commence no later than 12 months after
County's allocation of the Redevelopment Rights or ROGOs required for such development.
County and KPM (itself or through a related party) shall assure financial feasibility of the Lazy
Lakes workforce housing by entering into a Public -private partnership as defined in F.S.
§420.5095(c), the terms of which will identify and provide funding sources that may include
County acquisition of the Lazy Lakes parcel at a price not to exceed 65% of its appraised value.
Long-term occupancy of the Lazy Lakes parcel shall be assured by execution and recordation of
one or more deed restrictions restricting the use of the property to affordable workforce housing
for a period of fifty (50) years, renewable by County for two (2) additional fifty (50) year
periods, said deed restriction(s) to be recorded in the Public Records of Monroe County prior to
issuance of a Certificate of Occupancy for each unit to which this restriction applies. Copies of
the recorded restriction(s) shall be provided to the County and to the state land -planning agency
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Donald Leland Craig 1/5/07 10.40 AM
within a reasonable time after recordation.
All residential units developed on the King's Pointe Marina property under this
Development Agreement may be used as vacation rental units as defined in Section 9.5-534 of
the Monroe County LDRs, but any unit owner may elect to maintain the unit as a permanent
residence.
For the duration of this Agreement, the parties agree that any and all of the
approved development shall adhere to, conform to, and be controlled by this Agreement, the
exhibits attached hereto and incorporated by reference, and, to the extent consistent with the
provisions hereof, the County Land Development Regulations in effect on the effective date of
this Agreement. In the event that all or a portion of the existing or authorized development
subject to this Agreement should be destroyed by storm, fire, or other common disaster, KPM, its
grantees, successors, or assigns shall have the absolute right to rebuild or repair the affected
structure(s) and reinitiate the prior approved use so long as such development is in compliance
with this Agreement.
5. The following exhibits are attached hereto and incorporated by reference:
Exhibit A
Boundary survey prepared by Fred Hildebrandt L drawing 02 -207
Exhibit B
Sketch of Legal Descriptions to Verify Acreage prepared by R.E.
Reece, P.A. dated 8.11.06
Exhibit C
Site survey of Lazy Lakes property by Keith and Schnars PA,
Project 15943C, Field book 978/28-39.
Exhibit D
380 Development Agreement dated February 2000 between the
County, DCA, Key West Oceanside Marina, Inc. and Paradise
Island Park, Inc
Exhibit E
Conceptual Site Plan for Lazy Lakes Affordable Housing
Exhibit F
Conceptual Site Plan for King's Pointe Marina
KPM shall not be bound by this Agreement to the building layout depicted (for
illustrative purposes only) on the attached Conceptual Site Plan, Exhibits E and F. Final
Site Plans shall be configured as otherwise set forth herein, and as permitted by County
LDRs not inconsistent herewith provided that the densities and intensities set forth in this
Agreement are met. Deleted: 11510712113106
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6. Applicable Density, Intensity and Building Heights. Density and intensity shall be as
provided in this Agreement. Maximum building height shall be that established by the
Comprehensive Plan and Land Development Regulations.
7. The thirty-two (32) market -rate residential units to be established on the KPM parcel
will be developed utilizing thirty-two (32) Redevelopment Rights transferred from the Existing
Development. The existence of those 32 Redevelopment Rights and KPM's right to transfer
them to the KPM parcel pursuant to the terms of this Agreement are hereby acknowledged by the
parties.
E. Public Facilities;
1. The Florida Keys Aqueduct Authority provides domestic potable water.
2. Electric service is provided by the Keys Energy Services.
3. Solid waste service is provided by County Franchised Garbage Collection
Service.
4. Wastewater and sewage collection and disposal shall be (a) as to the KPM parcel,
by connection to the Stock Island wastewater collection and treatment system at the time of
building permit application, and (b) as to the Lazy Lakes workforce housing units, by an
approved wastewater system meeting 2010 wastewater standards.
5. Educational Facilities. The resort and commercial development of the KPM
parcel, as contemplated by this Agreement, does not impact upon educational facilities. The
Marina Parcel is currently served by the following schools, operated by the Monroe County
School aoard: Key West County High School, Glynn Archer Middle School and Gerald Adams
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Elementary School.
6. Recreational Facilities. The Marina Parcel provides facilities for active
recreation, including swimming and boating opportunities, for owners and guests of King's
Pointe Marina. Therefore, redevelopment of the property will have no adverse impact on public
recreation facilities.
7. Any increased impacts on public facilities or public services attributable to each
unit of the development, and the cost of capital improvements to meet the associated demand on
such facilities or services, shall be assured by payment to County, concurrent with the issuance
of the building permits for each unit, of all County impact fees required by Ordinance then in
effect, as well as by payment by KPM of applicable utility system development fees.
F. Local Development Permits.
1. 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:
a. This Development Agreement;
b. Major Conditional Use approval or amendment of the existing Major
Conditional Use approval for King's Pointe and a conditional use approval for the development
of the affordable housing plan at Lary Lakes;
C. The final site plan, landscape plan, drainage plan, building elevations and
floor plans for both King's Pointe and Lary Lakes;
d. Building and related construction permits for all main and accessory
structures, land clearing, and landscaping. At any time any building permit is applied for, KPM
shall demonstrate compliance with all applicable Federal, State and municipal disabled -access
regulations in effect at the time of application at both sites;
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Donald Leland Craig 1/5107 10A0 AM
0.
e. Federal, State, regional, and local permits for stormwater runoff and
dredge and fill activities and environmental ( or endangered species) takings, when necessary
and if required.
2. Nothing in this Agreement shall preclude the parties from applying additional
conditions, by mutual agreement, during final site plan review or permitting.
G. Finding of Consistency.
By entering into this Agreement, the County and DCA find that the development
permitted or proposed herein is consistent with and furthers the Principles for Guiding
Development for the Florida Keys Area of Critical State Concern (Section 380.0552(7), Florida
Statutes).
H. Reservations or Dedications of Land for Public Purposes.
The parties anticipate that KPM may reserve or dedicate land for public purposes in
connection with the development authorized by this Agreement, but are currently unaware of the
specifics of such reservation(s) or dedication(s). Reservations and dedications for public
purposes in connection with this Agreement will be as required by the County's Comprehensive
Plan and County Code. Such reservations or dedications may include, by way of example,
easements necessary for the provision of stormwater, utility, and wastewater services to the
Property.
1. Mutual Cooperation. County, DCA and KPM agree to cooperate fully with and
assist each other in the performance of the provisions of this Agreement.
I Development to Comply with Permits and County Comprehensive Plan and
Code Provisions. The development described in and authorized by this Agreement shall be
developed in accordance with all required permits, and in accordance with all applicable
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provisions of the County's Comprehensive Plan and County Code in effect on the date of
execution of this Agreement, except as otherwise allowed by this Agreement. No Certificate of
Occupancy for an individual building shall be issued until all plans for that building are approved
by County and KPM has complied with all conditions in permits issued by County and other
regulatory entities for that building.
K. Compliance With Permits, Terms, Conditions, and Restrictions Not
Identified Herein. The failure of this Agreement to address a particular permit, condition, term,
or restriction shall not relieve KPM of the necessity of complying with the law governing said
permitting requirements, conditions, terms, or restrictions.
L. Laws Governing.
a. For the duration of this Agreement, all approved development of King's Pointe
Marina shall comply with and be controlled by this Agreement and applicable provisions of the
County's Comprehensive Plan and County Code in effect on the date of execution of this
Agreement, inclusive of text changes and rezoning approved by the County Commission on the
date of County's approval of this Agreement, if any. The parties do not anticipate that County
will apply subsequently adopted laws and policies to the Marina Parcel, except as expressly
provided in this Agreement.
b. County may apply subsequently adopted laws and policies to King's Pointe
Marina or Lazy Lakes only if County holds a public hearing and determines that: (a) the new
laws and policies are not in conflict with the laws and policies governing the Agreement and do
not prevent development of the land uses, intensities, or densities set forth in this Agreement; (b)
the new laws and policies are essential to the public health, safety, or welfare, and County
expressly states that they shall apply to the development that is subject to this Agreement; (c)
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County demonstrates that substantial changes have occurred in pertinent conditions existing at
the time of approval of this Agreement; or (d) the Agreement is based on substantially inaccurate
information supplied by KPM. However, nothing in this Agreement shall prohibit the parties
from mutually agreeing to apply subsequently adopted laws to King's Pointe or Lazy Lakes.
C. If State or Federal laws enacted after the effective date of this Agreement
preclude any party's compliance with the terms of this Agreement, it 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 abrogate any rights that may vest pursuant to common law.
M. Amendment, Renewal, and Termination. This Agreement may be amended,
renewed, or terminated as follows:
a. This Agreement may be amended by mutual consent of the parties to this
Agreement or by their successors in interest. Amendment under this provision shall be
accomplished by an instrument in writing signed by the parties or their successors.
b. This Agreement may be renewed by the mutual consent of the parties, subject to
notice and public hearing requirements of applicable law.
C. This Agreement may be terminated by KPM or its successor(s) in interest
following a material breach of this Agreement by County, upon written notice to County as
provided in this Agreement.
d. This Agreement may be terminated by County or DCA upon a finding of failure
by KPM to comply with the terms of this Agreement.
e. This Agreement may be terminated by mutual consent of the parties without the
need for any further public hearing..
N. Breach of Agreement and Cure Provisions.
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Donald Leland Craig 115107 10.40 AM
Dr. -I mum. MWLIXIWA��
a. If County or DCA concludes that there has been a material breach in this
Agreement by KPM, prior to terminating this Agreement, County or DCA shall serve written
notice on KPM identifying the term or condition County or DCA contends has been materially
breached and providing KPM with ninety (90) days from the date of receipt of the notice to cure
the breach or negotiate an amendment to this Agreement. Each of the following events, unless
caused by fire, storm, flood, other Act of God, or events beyond the control of KPM, shall be
considered a material breach of this Agreement: (1) failure to comply with material substantive
provisions of this Agreement; or (2) failure to comply with material terms and conditions of
permits issued by County, DCA or other regulatory entity for the development authorized by this
Agreement.
b. If KPM concludes that there has been a material breach in the terms and
conditions of this Agreement by County or DCA, KPM shall serve written notice on County or
DCA identifying the term or condition that KPM contends has been materially breached and
providing County or DCA with thirty (30) days from the date of receipt of the notice to cure the
breach. The following events, unless caused by fire, storm, flood, other Act of God, or events
beyond the control of County or DCA, shall be considered a material breach of this Agreement:
failure to comply with material provisions of this Agreement; or failure to timely process any
application for site plan approval or other development approval required to be issued by County
or DCA for the development/redevelopment authorized by this Agreement.
C. If a material breach in this Agreement occurs and is not cured within the time
periods provided above, the party that provided notice of the breach may elect to terminate this
Agreement or may seek to enforce this Agreement as provided herein.
d. If any party waives a material breach in this Agreement, such a waiver shall not��
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be deemed a waiver of any subsequent breach.
O. Notices. All notices, demands, requests, or replies provided for or permitted by
this Agreement, including notification of a change of address, shall be in writing to the
addressees identified below, 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; or (c) by deposit with an overnight express
delivery service with a signed receipt required. Notice shall be effective upon receipt. The
addresses and telephone numbers of the parties are as follows:
To KPM:
Mr. Everett Atwell
KPM LLC
1115 Marbella Plaza Drive
Tampa, Florida 33619
Telephone: (813) 663-0401
With a copy by regular U.S. Mail to:
Mr. Timothy Koenig, Esquire
Feldman, Koenig and Highsmith, P.A.
3158 Northside Drive
Key West, Florida 33040
Telephone: (305) 296-8851
To County:
Thomas J. Willi, County Administrator
County of Monroe
1100 Simonton Street
Key West, Florida 33040
Telephone: (305) 292-4441
With a copy by regular U.S. Mail to:
Suzanne Hutton, Esquire
County Attorney
1 507 King's Pointe Development Agreement
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Donald Leland Craig 1l5/07 10AO AM
i6
502 Whitehead Street, 3`d floor
Key West, Florida 33040
Telephone: (305) 292-3470
To DCA:
Mr.Thaddeus Cohen, Secretary
Florida Department of Community Affairs
2255 Shumard Oaks Boulevard
Tallahassee, Florida 32399
P. Annual Report. On the anniversary date of the Effective Date of this
Agreement, KPM shall provide County and DCA with a report identifying (a) the amount of
development authorized by this Agreement that has been completed, (b) the amount of
development authorized by this Agreement that remains to be completed, and (c) any changes to
the plan of development that have occurred during the one (1) year period from the Effective
Date of this Agreement or from the date of the last annual report.
Q. Enforcement. Any party hereto may file an action for injunctive relief in the
Circuit Court of Monroe County, Florida, to enforce the terms of this Agreement.
R. Binding Effect. This Agreement shall be binding upon the parties hereto, their
successors in interest, heirs, assigns, and personal representatives.
S. Assignment. This Agreement shall inure to the benefit of, and bind, KPM's
successors and assigns, but may not otherwise be assigned without the written consent of the
parties.
T. Severability. In the event any provision, paragraph or section of this Agreement
is determined to be invalid or unenforceable by a court of competent jurisdiction, such
determination shall not affect the enforceability or the validity of the remaining provisions of this
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Agreement.
U. Applicable Law. This Agreement was drafted and delivered in the State of
Florida and shall be construed and enforced in accordance with the laws of the State of Florida.
V. Litigation; Attorney's Fees; Venue; Waiver of Right to Jury Trial. As
between County and KPM, in the event of any litigation arising out of this Agreement, the
prevailing party shall be entitled to recover all reasonable costs incurred with respect to such
litigation, including reasonable attorneys' fees. This includes, but is not limited to,
reimbursement for such reasonable attorneys' fees and costs incurred with respect to any
appellate, bankruptcy, post judgment, or trial proceedings related to this Agreement. Venue for
any legal proceeding arising out of this Agreement shall be in Monroe County, Florida. The
parties to this Agreement waive the right to a jury trial in any litigation arising out of or initiated
under this Agreement.
W. Use of Singular and Plural. Where the context requires, the singular includes
the plural, and the plural includes the singular.
X. Duplicate Originals; Counterparts. This Agreement may be executed in any
number of originals and in counterparts, all of which evidence one Agreement. Only one
original is required to be produced for any purpose.
Y. Headings. The headings contained in this Agreement are for identification
purposes only and shall not be construed to amend, modify, or alter the terms of the Agreement.
Z. Entirety of Agreement. This Agreement incorporates or supersedes all
prior negotiations, correspondence, conversations, Agreements, or understandings regarding the
matters contained herein. The parties agree that there are no commitments, agreements, or
understandings concerning the subjects covered by this Agreement that are not contained in or
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incorporated into this document and, accordingly, no deviation from the terms hereof shall be
predicated upon any prior representations or agreements, whether written or oral. This
Agreement contains the entire and exclusive understanding and agreement among the parties and
may not be modified in any manner except by an instrument in writing signed by the parties.
AA. Recording; Effective Date. KPM shall record this Agreement in the public
records of Monroe County, Florida, within fourteen (14) days after the effective date of this
Agreement. A copy of the recorded Agreement showing the date, page and book where recorded
shall be submitted to the state land planning agency by hand delivery, registered or certified
United States mail, or by a delivery service that provides a signed receipt showing the date of
delivery, within fourteen (14) days after the Agreement is recorded. KPM shall also provide a
copy of the recorded Agreement to County within the same time period.
BB. Effective date of Agreement. The effective date of this Agreement is the date
the last party signs and acknowledges this Agreement.
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:
2007
KING'S POINT MARINA LLC, a Florida Limited
Liability Corporation
By:
EVERETT ATWELL
Signed, sealed, and delivered in the presence o£
Signatuire
1 507 King's Pointe Development Agreement
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Donald Leland Craig 115107 10,40 AM
U �.
Name of Witness (printed or typed)
Signature
Name of Witness (printed or typed)
STATE OF FLORIDA)
County OF MONROE)
The foregoing Agreement was acknowledged before me on this _ day of
2006, by EVERETT ATWELL, the of KING'S
POINT MARINA LLC and the respective witnesses, and
, who are either personally known to me or produced
Florida drivers licenses as identification.
(SEAL)
Notary Public
Name (typed, printed or stamped)
My commission expires:
On the day of 2007, the County Commission of the County of Monroe
approved this Agreement by Resolution No.
COUNTY OF MONROE
Donald Leland Craig 1/5/07 10.40 AM
1
King's Pointe Development Agreement
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By:
ATTEST:
Danny Kolhage, County Clerk
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
Suzanne Hutton
County Attorney
MAYOR
APPROVAL OF T14E FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS:
By:
Print Name Secretary
State of Florida
County of Leon
This instrument was acknowledged before me on this day of
2007, by who is personally known to me or produced
as identification and did not make an oath.
Commission Number
Notary Public My Commission expires
Donald Leland Crai 1/5f07 10:40 AM
Dt 0.
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