Item P14
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 20. 2008 Division: County Attorney Office
Bulk Item: Yes - No - Natileene W. Cassel
Staff Contact PersonJPhone #: 292-3470
AGENDA ITEM WORDING: Discussion and vote on whether or not to accept a Purchase and Sale
Agreement for the Hickory House property.
ITEM BACKGROUND:
At the June 20, 2007, BOCC meeting the Board approved the bid proposal submitted by Kings Pointe
Marina LLC (KPM) to purchase the Hickory House. KPM was the only respondent. Since that time the
County and the respondent have been in negotiations over the details of the Purchase and Sale Agreement.
On January 16, 2008 the BOCC determined that the conditions requested by KPM were not acceptable to
the County and instructed staff to attempt further negotiations.
PREVIOUS RELEVANT BOCC ACTION: See above.
CONTRACT/AGREEMENT CHANGES:
The latest Purchase and Sale Agreement proposed by KPM no longer contains conditions rejected on
January 16, 2008 by the BOCC. The contract calls for a purchase price paid to the County of Three Million
One Hundred Thousand Dollars, payable at closing, construction of affordable housing, and public access
to the Kings Pointe Marina boat ramp and the Hickory House property.
It also contains a Due Diligence clause which allows KPM 180 days to determine if the property is suitable
in their "sole and absolute discretion". IfKPM determines that the property is not suitable KPM may
withdraw from the sale. KPM may accept or reject the property prior to the expiration of the 180 day
period. There is no earnest money required under the contract and no consideration to compensate the
County for holding the property off the market during the due diligence period.
STAFF RECOMMENDATIONS: NONE.
TOTAL COST: 0 BUDGETED: Yes _No
COST TO COUNTY: 0 SOURCE OF FUNDS:
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year
APPROVED BY: County Atty ~MBlPurChaSing _Risk Management
DOCUMENTATION: Included X Not Required_
DISPOSITION: AGENDA ITEM #
Project: Hickory House
Parcel Identification Numbers #00126210-000000,
#00126220.000000,#00126230-000000
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made this _day of , 2008, between MONROE
COUNTY, FLORIDA, a political subdivision of the State of Florida, as " Seller", c\o
County Administrator, 1100 Simonton Street, Room 2-205, Key West, Florida 33040,
and King Pointe Marina, LLC, a Florida limited liability company, as "Purchaser ",
whose address is 1115 Marbella Drive, Tampa, Florida, 33619.
In consideration of the mutual promises contained herein, Seller hereby agrees to sell and
Purchaser agrees to buy the real property ("Subject Property") located in Monroe County,
Florida, described below, together with all improvements, easements, rights and
appurtenances, in accordance with the provisions of this Agreement.
1. DESCRIPTION OF PROPERTY. The property which the Seller agrees to sell
and the Purchaser agrees to buy pursuant to the terms of this Agreement is that property
situated on Stock Island, Monroe County, Florida, and more particularly described as:
5948 Peninsular Avenue, Stock Island, Key West, Fl. 33040 aka 5948
Maloney Avenue, Stock Island, Key West, Fl. 33040
The Legal Description is:
Lots 30, 31 and the West 1/2 of Lot 32, in Square 46, according to Maloney's
Subdivision of a part of Stock Island, Monroe County, Florida, as recorded in
Plat Book 1, Page 55, of the Public Records of Monroe County, Florida.
2. TOTAL PURCHASE PRICE. The total purchase price ("Total Purchase Price")
for the Subject Property is THREE MILLION ONE HUNDRED THOUSAND
DOLLARS AND NO/CENTS ($3,100,000.00), which will be paid by Purchaser at
closing. Seller hereby authorizes Purchaser to issue a certified check directly to an escrow
agent who is authorized by law to receive such payment, and who is acceptable to the
parties, and to require the escrow agent to pay Seller's expenses of sale and real estate
taxes. Purchaser shall use five (5) Rate of Growth Ordinance (ROGO) exemptions or
affordable housing allocations as a portion of the consideration for this Agreement and
shall build affordable housing units as set forth in paragraph 9 of this Agreement.
Purchaser shall as a portion of the consideration provide public access to designated areas
of both the Subject Property and the Marina Property, as identified in paragraph 5 below;
public access is more specifically described in paragraph 6 and paragraph 7 of this
Agreement, and Planning Commission Resolutions P20-2007 and Planning Resolution
P21-2007.
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Conveyance of the Subject Property from Seller to Purchaser by a deed, made pursuant to Fl.
Stat. 125.411, will take place at the closing, in exchange for the payments to be made to
Seller at closing.
3. DUE DILIGENCE PERIOD; Purchaser will, at Purchaser's expense, and within
180 days from Effective Date (the "Due Diligence Period"), determine whether the
Subject Property is suitable, in Purchaser's sole and absolute discretion, for Purchaser's
intended use and development of the Subject Property. During the Due Diligence Period,
Purchaser may conduct any tests, analyses, surveys and investigations ("Inspections")
which Purchaser deems necessary to determine to Purchaser's satisfaction regarding the
Subject Property's engineering, architectural, environmental properties; zoning, and other
inspections that Purchaser deems appropriate to determine the suitability of the Subject
Property for the Purchaser's intended use and development. Purchaser shall deliver
written notice to Seller prior to the expiration of the Due Diligence Period of Purchaser's
determination of whether or not the Subject Property is acceptable. Purchaser's failure to
comply with this notice requirement shall constitute acceptance of the Subject Property in
its present "as is" condition. Seller grants to Purchaser, its agents, contractors and
assigns, the right to enter the Subject Property at any reasonable time following
reasonable notice to Seller during the Due Diligence Period for the purposes of
conducting Inspections; provided, however, Purchaser, its agents, contractors and assigns
enter the Subject Property and conduct Inspections at their own risk. Purchaser shall
indemnify and hold Seller harmless from losses, damages, costs, claims and expenses of
any nature, including attorneys' fees at all levies, and from liability to any person arising
from the conduct of any and all inspections or any work authorized by Purchaser.
Purchaser will not engage in any activity that could result in a mechanic's lien being filed
against the Subject Property without Seller's prior written consent. In the event this
transaction does not close, (1) Purchaser shall repair all damages to the Subject Property
resulting form the inspections and return the Subject Property to the condition it was in
prior to conduct of the Inspections, and (2) shall, at Purchaser's expense release to Seller
all reports and other work generation as a result of the Inspections. Should Buyer deliver
timely notice that the Subject Property is not acceptable, Seller agrees that the Agreement
shall be immediately terminated thereby releasing Purchaser and Seller from all further
obligations.
4. ENVIRONMENTAL SITE ASSESSMENT. Seller purchased the Subject
Property in November, 2006, and obtained at that time an update to an existing Report of
Environmental Site Assessment: Phase 1. Seller shall, within 10 days of execution of this
agreement by both parties, provide to Purchaser a copy of the existing Report of
Environmental Site Assessment: Phase 1, a copy of the Environmental Affidavit dated
November 28, 2006, received by Seller when Seller acquired property, and a copy of the
Authorization to Rely Upon Environmental Assessment dated November 20, 2006
Purchaser may, at its own expense, obtain an environmental assessment prior to the
closing date. Since the purchase, the Subject Property has been closed pending proposed
development as a park, and the Seller has provided periodic inspections to insure that no
significant damage has been rendered to the property, and has made no improvements to
the property.
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a) Review Of Survey And Environmental Site Assessment Report. Purchaser
shall review the Report of Environmental Site Assessment: Phase 1, the Environmental
Affidavit dated November 28, 2006, and the Authorization to Rely Upon Environmental
Assessment dated November 20, 2006 provided by the Seller under this Agreement. In
the event Purchaser objects to any of the conditions shown on the existing survey, as
referred to in paragraph 10 below, the title insurance, policy referred to in paragraph 11
below, the Report of Environmental Site Assessment: Phase 1, the Environmental
Affidavit dated November 28, 2006, and the Authorization to Rely Upon Environmental
Assessment dated November 20, 2006, Purchaser shall provide written notice to Seller of
any objections 20 days prior to closing. In the event Purchaser fails to provide written
notice during said period, Purchaser agrees that the conditions shown on the existing title
policy and survey shall be acceptable and only new conditions not shown on said title
documents would be considered title defects subject to the provisions of the Agreement.
Additionally, in the event, Purchaser fails to provide written notice during the above-
described period of time that Purchaser is obtaining a new site assessment, Purchaser
agrees that the Report of Environmental Site Assessment: Phase 1, the Environmental
Affidavit dated November 28, 2006, and the Authorization to Rely Upon Environmental
Assessment dated November 20, 2006 shall be acceptable.
5. LEGAL DESCRIPTION OF MARINA PROPERTY.
The Marina Property, known as King Pointe Marina, and is generally described in
Planning Commission Resolution No. P20-07 and Planning Commission Resolution
No. P21-07, which are attached hereto and made a part hereof as COMPOSITE
EXHIBIT A.
6. PUBLIC ACCESS/PUBLIC AREAS. Purchaser agrees that from the date of
closing members of the general public shall have public access to certain areas
described in this Agreement and its attachments of the Subject Property and of the
Marina Property for a period of fifty (50) years. Purchaser agrees that the general
public will not be charged a fee nor will the general public be required to make a
purchase of any kind for ingress or egress to the areas of public access of either the
Subject Property or the Marina Property. In order to provide for public access to the
general public to both properties the Purchaser agrees to provide any and all documents,
including easements, deed restrictions or other documents, necessary to accomplish
public access to the Marina Property and the Subject Property. Purchaser further agrees to
record those documents at the time of closing in the chain of title to the Marina Property
andffif the Subject Property whichever is applicable.
a) Marina Property. Public access to the Marina Property shall be provided
as set forth in Planning Commission Resolution No. P20-07 and Planning Commission
Resolution No. P21-07 (which are attached as Composite Exhibit A to this Agreement)
and as described in this Agreement. In addition, Marina Access specifically includes
access to the boat ramp on the Marina Property, from one hour before sunrise to one
hour after sunset at a cost as set out in paragraph 7.
b) S ubi ect Property. Access to the S ubj ect Property is restri cted to
reasonable business hours and specifically includes access to the water, bathrooms,
store, pump out, fueling docks, parking, and includes all waterfront sections of the
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S ubj ect Property as well as any board walk area located on the waterfront that may
be developed. Access to the Subject Property specifically excludes access to private
docks that currently exist or any private dock structure that will be developed in the
future, except that in addition to fuel dock access, Purchaser shall provide pedestrian
access and a place to tie up their boats for individuals purchasing fuel for watercraft or
supplies on the Subject Property. Nothing contained in this paragraph will act to
prohibit public access to any fueling facilities located on the Subject Property.
7. COST TO GENERAL PUBLIC FOR USE OF BOAT RAMP AND
COMMERCIAL SERVICES. The Purchaser agrees to hold the cost use of Boat
Ramp for the public for the first year of operation at $20.00, and the Sewage
holding tank pump out fee for the first year of operation will be $25.00 for the
public. The fees may be increased or decreased during the subsequent years
according to an annual adjustment based on the Consumer Price Index for all urban
consumers Miami-Fort Lauderdale area.
8. STORE AND COMMERCIAL SPACE. Purchaser shall provide commercial
space to house a store and waterfront related business which will be open to the public
on the Subject Property and shall provide items related to the use of the boaters. The
store shall have operational hours consistent with this type of use - from before
sunrise to after sunset consistent with the public's operation of boats on thc water.
The uses contemplated at this new facility are related to use of boats and the
enjoyment of the waterfront such as boat sales, marine engine repair, fuel sales, bait
and tackle shop, boat rentals, store providing sale of items related to boats and water
usage, and snack shop. In addition, Purchaser agrees that fueling docks shall be
open to the public at the Subject Property during reasonable business hours. All
development of the Subject Property shall comply with permitting and
development requirements of the State, Federal and Monroe County statutes and
codes.
9. CONSTRUCTION OF AFFORDABLE HOUSING. Purchaser shall build on the
Subject Property affordable housing units using five (5) ROGO allocations or exemptions
obtained from a source other than the Seller. The affordable housing shall consist of one
and two bedroom second story units and shall be deed restricted for that use. Purchaser
agrees that it shall obtain all necessary approvals from Monroe County for the transfer of
the ROGO exemptions or allocations. Purchaser further agrees that it shall not be able to
obtain the Certificate of Occupancy for the commercial space until a Certificate of
Occupancy for all affordable Housing has been obtained; however the Certificate of
Occupancy for the affordable housing may be obtained simultaneously or prior to the
Certificate of Occupancy for the commercial space.
10. SURVEY. Seller shall within 10 days of execution of this agreement by both
parties deliver to Purchaser a boundary survey of the Subject Property prepared by a
professional land surveyor licensed by the State of Florida for the November, 2006
closing on the purchase of the Subject Property.
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11. TITLE INSURANCE. Seller shall, within 10 days of execution of this agreement
by both parties deliver to Purchaser a copy of the Owner's Title Insurance Policy
Schedule A and B effective date November 30, 2006 on the Subject Property. Purchaser,
at its own expense, shall obtain an updated title insurance policy.
12. DEFECTS IN TITLE. If the title insurance documents described in paragraph 11
or survey described in paragraph 10 furnished to Purchaser, disclose any defects in title
which are not acceptable to Purchaser, Purchaser shall give notice of defects to Seller 20
days prior to closing; the Purchaser agrees that in this event the closing date shall be
extended for a reasonable time. Seller agrees to use diligent effort to correct the defects in
title within a reasonable time. If Seller is unsuccessful in removing the title defects within
that time, Purchaser shall have the option to: (a) accept the title as it then is with a
reduction in the Total Purchase Price as agreed to by Purchaser and by Seller, (b) accept
the title as it then is with no reduction in the Total Purchase Price, (c) extend the amount
of time that Seller has to cure the defects in title if agreed to by Seller, or (d) terminate
this Agreement, thereupon releasing Purchaser and Seller from all further obligations
under this Agreement.
13. INTEREST CONVEYED. At closing, Seller shall execute and deliver to
Purchaser a deed, pursuant to Fl. Stat. 125.411, conveying all interest in the property
owned by the County to the Property.
14. ROAD ABANDONMENT. Purchaser and Seller agree that nothing in this
Agreement shall be interpreted in any manner as prior consent on the part of the Seller to
abandonment of any portion of the road known as Peninsula Avenue; nor shall this
agreement be interpreted to preclude the Purchaser from petitioning for abandonment of
any portion of Peninsula A venue.
15. PREP ARA TION OF CLOSING DOCUMENTS. Seller shall prepare the deed
described in paragraph 13 of this Agreement, Seller's closing statement, no lien affidavit
certified to Purchaser in accordance with Section 627.7842, Florida Statutes. The
documents shall be submitted to Purchaser for review and approval at least 10 days prior
to closing.
16. PURCHASER REVIEW FOR CLOSING. Purchaser will approve or reject each
item required to be provided by Seller under paragraph 15 of this Agreement within 3
days after receipt by Purchaser of the required items. Seller will have 3 days thereafter to
cure and resubmit any rejected item to Purchaser. In the event Seller fails to timely
deliver any item, or Purchaser rejects any item after delivery, Purchaser or Seller may
extend the Closing Date for a reasonable time, not to exceed 14 working days.
17. EXPENSES. Florida law prevents governmental entities from paymg
documentary stamps. Seller shall pay the cost of recording the deed.
18. TAXES AND ASSESSMENTS. In the event the Purchaser acquires fee title to
the Property between January 1 and November 1, 2008, Seller, being exempt from
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taxation, shall have no obligation in accordance with Section 196.295, Florida Statutes, to
place in escrow with the county tax collector an amount equal to the current taxes
prorated to the date of transfer, based upon the current assessment and millage rates on
the Property.
19. CLOSING DATE. The closing shall be within 14 working days of satisfaction of
the requirements set out in paragraphs 2, Paragraph 3, Paragraph 10, Paragraph 11, and
Paragraph 15, and Paragraph 16 of this agreement; provided, however, that if a defect
exists in the title to the Property, or in any other documents required to be provided or
completed and executed by Seller, the closing shall occur either on the original closing
date or within 14 days after receipt of documentation curing the defects, whichever is
later.
The parties may conduct the closing at an earlier date if they are satisfied that all
conditions have been met prior to the date set herein. The determination that the
conditions have been met prior to the closing date set herein shall require the County
Administrator and County Attorney to sign approval of an earlier closing date and the
contract need not go back before the Seller's governing body to reform the contract to
provide the earlier closing date.
20. RISK OF LOSS AND CONDITION OF REAL PROPERTY. Seller assumes all
risk of loss or damage to the Property prior to the date of closing. Subject Property shall
be transferred and conveyed to the Purchaser in the same, or essentially the same
condition as of the date of Seller's execution of this Agreement, ordinary wear and tear
excepted. However, in the event the condition of the Property or other improvements
thereon is altered by an act of God or other natural force beyond the control of Seller,
Purchaser may elect, at its sole option, to terminate this Agreement. Seller represents that
there are no parties other than Seller in occupancy or possession of any part of the
Property.
21. RIGHT TO ENTER PROPERTY AND POSSESSION. Seller agrees that from
the date this Agreement is executed by the parties until the date of Closing, Purchaser and
its agents, upon reasonable notice, shall have the right to enter the Property accompanied
by a designee of the Seller for all lawful purposes in connection with the this Agreement.
Seller shall deliver possession of the Property to the Purchaser at closing.
22. ACCESS. Seller warrants that there is legal ingress and egress for the Subject
Property over public roads or valid, recorded easements that benefit the Subject Property.
23. DEFAULT. If Purchaser defaults under this Agreement, Seller may waive the
default and proceed to closing, seek specific performance, or refuse to close and elect to
receive the return of any money paid, each without waiving any action for damages, or
any other remedy permitted by law or in equity resulting from Purchaser's default. In
connection with any dispute arising out of this Agreement, including without limitation
litigation and appeals, the prevailing party will be entitled to recover reasonable
attorney's fees and costs.
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24. ASSIGNMENT. This Agreement may not be assigned by either Party without the
prior written consent of the other Party.
25. TIME. Time is of essence with regard to all dates or times set forth in this
Agreement.
26. SEVERABILITY. In the event any of the provisions of this Agreement are
deemed to be unenforceable, the enforceability of the remaining provisions of this
Agreement shall not be affected.
27. SUCCESSORS IN INTEREST. Upon execution of this Agreement by the parties,
Seller's and the Purchaser's heirs, legal representatives, successors and assigns shall be
bound by it.
28. LANGUAGE INTERPRETATION. Whenever used, the singular shall include the
plural and one gender shall include all genders.
29. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement
between the parties. No supplement, modification or amendment to this Agreement shall
be binding unless executed in writing by the parties.
30. WAIVER. Failure of Purchaser or Seller to insist upon strict performance of any
covenant or condition of this Agreement, or to exercise any right herein contained, shall
not be construed as a waiver or relinquishment for the future of any such covenant,
condition or right; but the same shall remain in full force and effect.
31. AGREEMENT EFFECTIVE. This Agreement or any modification, amendment
or alteration thereto, shall not be effective or binding upon any of the parties hereto until
it has been executed by all of the parties hereto.
32. ADDENDUM. Any addendum attached hereto that is signed by the parties shall
be deemed a part of this Agreement.
33. NOTICE. Whenever either party desires or is required to give notice unto the
other, it must be given by written notice, and either delivered personally or mailed to the
appropriate address indicated on the first page of this Agreement, or such other address as
is designated in writing by a party to this Agreement.
34. SURVIVAL. The covenants, warranties, representations, indemnities and
undertakings of Purchaser set forth in this Agreement shall survive the closing.
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35. DEVELOPMENT RIGHTS. Nothing in this Agreement shall provide more
development rights than are provided under the Monroe County Code or other
applicable State and Federal requirements.
THIS IS TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY
UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING
SELLERS:
MONROE COUNTY, FLORIDA
By:
Mayor Charles "Sonny" McCoy
BY: Date:
Deputy Clerk
PURCHASER:
Witness: By:
Signature
Signature Print Name
Print Name Print Title
Date: Date:
Witness:
Signature
Print Name
Date:
STATE OF FLORIDA)
COUNTY OF MONROE)
The foregoing instrument was acknowledged before me this ~__ day of ,2007,
by- . He/she is personally known to me or produced as identification.
(NOT AR Y PUBLIC)
SEAL Notary Public
(Printed, Typed or Stamped Name of Notary Public)
Commission No.:
My Commission Expires
MONROE COUNTY ATTORNEY
~P,ROVED AS T~
a ~4'/lj
8 NATILEENE w. CASSEL
ASSISTANT COUNTY ATTORNEY
Dale -<-/~- or
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ADDENDUM ONE
(IMPROVEM ENTS/PURCHAS ER)
A. Radon Gas. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in
sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed
federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon
testing may be obtained from your county public health unit. This notice is being provided in accordance with Section
404.056(8), Florida Statutes. Purchaser may, at its sole cost and expense, have the buildings that will remain on the
Property inspected and tested for radon gas or radon progeny by a qualified professional properly certified by the Florida
Department of Health and Rehabilitative Services. If radon gas or radon progeny is discovered, Purchaser shall have
the option to either: (a) accept the Property as it then is with no reduction in the Purchase Price or (b) terminate this
Agreement, thereupon releasing Purchaser and Seller from all further obligations under this Agreement.
B. Wood Destroving Organisms Inspection Report. Purchaser may, at its sole cost and expense, obtain a Wood
Destroying Organisms Inspection Report made by a state licensed pest control firm showing the buildings that are to
remain on the Property to be visibly free of infestation or damage by termites or other wood-destroying pests. If the
report shows such infestation or damage, Purchaser shall have the option to either: (a) accept the Property as it then is
with no reduction in the Purchase Price or (b) terminate this Agreement, thereupon releasing Purchaser and Seller
from all further obligations under this Agreement.
C. Maintenance of Improvements. Seller shall, if required by Purchaser, maintain the roofs, doors, floors, steps,
windows, exterior walls, foundations, all other structural components, major appliances and heating, cooling, electrical
and plumbing systems on all improvements that will remain on the Property in good working order and repair up to
the date of closing. Purchaser may, at its expense, have inspections made of said items by licensed persons dealing in
the repair and maintenance thereof. If the inspection reveals that any of the improvements that will remain on the
Property are in need of repair, Purchaser shall have the option to either: (a) accept the Property as it then is with no
reduction in the Purchase Price or (b) terminate this Agreement, thereupon releasing Purchaser and Seller from all
further obligations under this Agreement.
SELLERS:
MONROE COUNTY, FLORIDA
By:
Mayor Charles "Sonny" McCoy
BY: Date:
Deputy Clerk
PURCHASER:
Witness: By:
Signature
Signature Print Name
Print Name Print Title
Date: Date: -----
Witness:
Signature
Print Name
Date:
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COMPOSITE EXHIBIT A
Planning Commission Resolution No. P20-07
Planning Commission Resolution No. P21-07
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PLANNING COMMISSION RESOLUTION NO. P10-07
A RESOLUTION BY THE MONROE COUNTY
PLANNING COMMISSION APPROVING THE
REQUEST BY KINOS POINTE MARINA. LLC, FOR A
VARIANCE TQ REDUCE THE NUMBER OF OFF-
STREET PARKINO SPACES FROM 322 SPACES TO
272 SPACES AND TO REQUIRE DEDICATED ON
SITE PARKING FOR BOAT TRAILERS, SCOOTERS,
AND BICYCLES ON PROPERTY LEGALLY -
DESCRIBED AS LOTS 1,2, 3 & ADI BAY BOnOM, !
SQUARE 60i PART LOTS 1,2,3 &. ADJ BAY BOnOM,
SQUARE 61 PART MALONEY AVE VACATED &.
FILLED BAY BOTTOM ADJACBNT TO MALONEY
A VB, & PART AnJ PARCEL. UNIT J-4. J-6, J-9, J.ll. J- ~
12, &. 5152% COMMON ELEMENTS OCEANSIDE
EAST DRY STORAGE CONDOMINIUM. STOCK
ISLAND, MONROE COUNTY, FLORIDA HAVE REAL
ESTATE NUMBERS 00127420.00060] THROUGH
00127420.000675, 00127440.000100 THROUGH J
00127440.002500, 00127420.000000. 00127420.000100
AND 00127430.000101 nIROUGH 00127430.000211,
AT APPROXlMATB MILE MARKER s.
,
WHEREAS, during a regularly scheduled public meeting held OD April 11, 2007,
the Monroe .County Planning Commission conducted a review and consideration on the -
request tiled by Kings Pointe Marina LLC for a variance to reduce the number of off-street
parking spaces from 322 spaces to 272 spaces pursuant to Monroe COWlty Code (MCC) ~.
9.S-S24{b)(3) ; and
WHEREAS, the subject property is located at 5970 Peninsular Avenue, Stock !
fslond; and
WHEREAS, the Planning Commission was presented with the following evidence.
which by reference is hereby incorpomted as part of the record of said hearing:
I) The variance request of the Applicant; and
2) Review of the following Plans: I
i) Boundary survey by R.E. Reese, dated 2-23-07, revised 3~12-O7. received 3- I
12-07; and
P2~7 Page lof3 I
Kings Pointe MarlnD ! .
Parking Variance
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Con-,~~;,+e' &. ~~ ~'"
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__"__,__,~_"_~,~___"'____"__._._''''''__..__.~...........-_~_~~_.,,-'-~~-'-'-"-'--'l
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ii) Site plan by WLWILBR, Sheet 8-1, dated 8/21/2006, revised 1-26-07, rec~il'ed
1-31-07. signed & sealed 1-26-07; and
3) The staff report prepared by Julianne Thomas, Planner dated April 2, 2007; and I
4} The sworn testimony of the Growth Management Division Staff; and I
5) The sworn testimony of the Applicant; and t
6} Exhibits provided by the Applicant; and !
7} Cornmenf8 of Assistant County Attorney Susan Grimaley; and i
8) The sworn testimony oftbe public; and i
9) Comments by lohn Wolfe, Planning Commission Counsel.
WHEREAS, MCC ~ 9.S-3S2(c), Required Parking standards tequires 353 parking !
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spaces: and I
WHEREAS, MCC ~ 9.5-352(i), Shared Parking standards requires 322 parking
spaces; and .-.
WHEREAS. MCC ~ 9.S-S24(b)(3) provides eight (8) standurds which must be met
in order for the Planning Commission to grant a variance; ond ! -
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WHEREAS, the PlanniJ:Jg Commission detennined that all eight (8) standards bad
been met; and
WHEREAS, the Plaoning Commission has made tha following Findings of Fact
and Conclusions of Law based on the evidence presented:
1) The applicant bas demonstrated a showing of good and sufficient cause; and
2) Failure to grant the variance would ~t in hardship to the applicant; and
3) Oranting the variance will not result in increased public expenses, oreate a threat to
public health and safety~ create a public: nuisance 01' cause .fraud or victimization of I
the public; and
4) The property has unique or peculiar circumstances which apply to the property but
which do not apply to other properties in the same zoning district; and I
5) Granting the variance will not live the applicant any special privilege denied other
properties in the immediate neighboxUood in terms of the provisions of this Chapter I...
or established dove1opmant patterns; and
6} Oranting the variance is not based on disabilities. handicaps or health of the - i'
applicant or members ofhia family; mui I
7) Granting the variance is not based on the domestic difficulties of the applicant or i
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hislher family; and I
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8) Based on the application. the variance is the minimum necessary to provide relief
to the appliClant.
WHEREAS, Staff recommended approval to the Planning Commission to reduce
the number of parking spaces by 15.5% to 272 so long as six (6) of the padrlng spaces
were 14' x 55' and designated forhoat tt'ailers on site in order to facilitate public use of the
boat ramp; and
P2Q.07 Page 2 on
Klnp polnle Marina
Parking Variance
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---.--, ~.-. .. -' -.-.-.- .-. .... ,--. .-. .- -,-~--._"",--",-,-,-.~"."~-"'----~---"--------~----"-_._~ --~ .. ~- ._-. - .__."_._......_--.~-.~.-...---~.~--._-
I
WHEREAS, the Planning Commission detennined that designating eighteen (18) I
8.5' x 18' spaces would provide adequate pMking to facilitate public use of the boat ramp, i
NOW THEREFORE. BE IT RESOLVED BY PLANNING COMMISSION i
OF MONROE COUNT\', FLORIDA, lbllr tlte: preceding Findings support its decision to I
4fPROVE the request by Kings Pointe Marina LLC for a variance to reduce the number
of off"street parking spaces from 322 spaces to 212 spaces, to require dedicated on site
parking tOr boat ttailers. scooters, and bicycles with the foUowing conditions:
1) Eighteen (18) standard size (8.5' x 18') parking spaces shall be designated parking
for boat trailers and tow vehicles to facilitate public access to the boat ramp. Signs
sha1l be posted designating these spaces as parking for the boat ramp and the dock
master shall facilitate the use of this space to provide for public use of the boat
t8Il1p;and
2) The applicant shall provide a minimum of tbirty.two (32) splICes for scooters
and/or bicycle parkinS; and ,"
3) Prior to the issuance of a building pennLt, a. signed and sealed site plan shall be _
submitted showing the scooter and bicycle spaces. These spaces shall not be in any !
required setback on the ptOperty~ and ~ !
4) The proposed redevclopammt is currently scheduled for M~<>r Conditional Use
review by the Monroe County PlmWnS Commission. No development proposed in
the major conditionel use application is being approved by this resolution; and
5) The site plan shall receive all neceS981')' approvals from the County Engineer.
County Traffic Consultant and Fire Marshall; and
6) All regular parking spaces shall meet the desip requinlments set forth in Chapter
9.S of the Monroe County Code and aU handicapped parking spaces must meet the
design requiremellts set forth in Chapter II of the Florida Building Code, the ,
Florida Accessibility Code fur Building Construction.
PASSED AND ADOPTED by the Planning COlDDlission ofMomoe County, Florida,
at a regularly meeting held on the 11lb day of April 2007.
Chair Cameron.xu j
Vice Chair Wall ~
Commissi.oner Cates-Deal Yes -
Commissionor PophlUIl ~
Commissioner Windle A!2imt
.BY
PLANNING COMMISSION OF
MONR~
BY ,
O. Cameron, Chair .........-
Signed this "9' TJI day of "t(~ ' 2007
I
P20.07 Page 3 of:l I..
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Parking Variance
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PLANNING COMMISSION RESOLUTION NO. 'P.21~fJ;7
A RESOLUTION BY TIIE MONROE COUNTY PLA.NNtNG
COMMISSION APPROVING THE REQUEST BY KINGS
POINTE MARINA, LLC, FOR AN AMENDMENT. TO A
MAlOR CONDITIONAL USE PERMIT; IU!MOV~G. AN
EXISTING ,MAINT~ANCE, SALES OFFICE, & TACKLE
SHOP (2,870 FfZ). BAra HOUSE (1,232 F'P), WAREHOUSE
(9,600 Fr), .DOCK ,MASTER BUILDING (660 W), AND ,_.
DRY BOAT STORAGE BUILDING (30,090 Ff2);
CONSTRUCTING THIRTY - ,TWO (32) NEW, ATTACHED -
MARKET RATE UNITS FOR VACATION RENTAL USE;
ADDING TWO (2) NEW BOAT BARNS (53,040 FP), EIGHT,
(8) WET SLIPS, A RETAIL SHOPI DOCK MASTERS OFFICE
AND BAlT HOUSE INCLUDING SHOWER FACILITIES
(2.625 FP) INTENDBD FOR USE BY WET SLIP OWNER$;
CONSTRUCTING AN OUTDOOR BAR ADDITION' (735
rfl, FLOOD PROOF STORAGE (2,160 ~) UNDER THE"
EXISTING FORMER RESTAURANT BUILDING ;
PROVIDING FOR A GATED ENTRANCE; PROVIDJNG FOR
CONDmONS; AU, ON PROPERTY LE~ALLY
DESCRIBED AS -..ors J,2, 3 &.' ADI 'SAY : B01"rOM.-
SQUARE 60. PART" LOTS 1 .2,3 &. ADI BAY' BOTTOM,
SQUARE 6J PART MALONEY AVE VACATED 8i FILLED
BAY BOTTOM ADJACENT TO MAL(~NEY AVE, & PART, ',',
ADJ PARCEL; UNIT J~4, J-6, J-9, J-11, J-12, & 5152%.
COMMON ELEMENTS OCEANSIDE EAST DRY STORAGE'
CONDOMINIUM, STOCK lSLAND, MONROE COUNTY, -
FLORIDA HAVING REAL ESTATE NUMBERS ,
00127420.000601 THROUGH Q0127420:0006.75~
00127440.000100 THROUGH 00J2,7440.0025oo,
00127420.0??oo0, 00127420.000100 AND 00127<430.00.0101
THROUGH' 00127430.00021 I, AT APPROXIMATE MILE
MARKER S.
WHEREAS, during a regularly scheduled public meeting held on April 11, 2007, the
Monroe County Planning Commission conducted a review and consideration oflhe request filed
P21-07 Page I orB I
Kings Poiute Marinn
Amendmenlto a Major Conditional Use
'-, !
, -
by Kings p'ointe Marin~, LLC for an. amendin~nt to 'it majo~' c~J)4ifjoJl!ll \)se-pmn!f piJt.suantt~ ..",
Monroe County Code (MCC) f9.5..(i9; and ' . .' ': <."-'
, .
WHEREAS. the Applicant's predecessor in'mtere!rt 'obtained a conditional use pennit fot , . .:. " I
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this properlY pursuant to Planning Commission Resolution PS2-97 signed August 18, 1999 for' . "", I.
the <:onsttuction of twenty-two (22) atta~hed permanent mlll'ket rate dwelling units; one (J)
swi~ing' pool; a 372 ft2 pool house; a 120 ft2 ~~ervationgazelKl; a ~2,OOO ft2 boat storag~ ',"i:\;;:'~~,;("
buil~g:: 8.43S ,1\2 addition to an existing 225 ftt',d(lf:k:~~er'~ o~ce; a 1,670 ft~ addi(joil to ~'" : ':',:::_,;:,-:",
existbig'tackl~ shop and a 2,485 ftz addition to an exilting restaUnult;' aqd , ': ": ,~,:..~:
WHEREAS. the Applicant is proposing to am.~d the Conditional Use, in order to ,'~
,R..EMPvE an exili~g mainten~ce, sales office 4 ~kT~'~p (2,870 ft1). bath bq\1SC (1~32 ft2}.;-:. I
. wiu'ebQtlse (9,600 1\2), dock masier buildin.8 (66(). ~)~ 'arid, df,f' boat' storage building {3o.090ft~);" , I
ond ~ONsTimCT thirty - two (3~) ~ew, attached.market nite units {or vacation ~taI use; add ,:. ',', , I
tWo (2)' new boat barns (53,040 ftZ), Eight (8) Wet'sliPs; a retail! dock masters offic~ and bait':<::';.:~~:.:) :; ,-'
house including shower facilities (2,625 ft2) intended for use by wet slip oWners: an outdoor bar. ";"'"
addition (735 ft1); flood proof a storage area (2,160 ft2) Under the' existing vacant restaurant " .":"":':.; , -
building, privatize ~ new opemtionat restaurant and provid~ a ga~ed entrance; and " " ' .
WHEREAS, the subject property is located at 5970 Peninsular Avenue, Stock Island;
and
WHEREAS. the above described property is located in the Mixed Use (MU) lanq use ' : ' "
distriet and, has the, corresponding Mixed UsefCommereiaJ (MC) future land use map"; ,'::('-, "
designation: and f."",,
:."J- :
.....
~ '.,.,. .
WHEREAS, the item was heard ~l u regularly scheduled meeting of the Development., '... ..;"
Review Committee on Merch 19, 2007; and ' '
,-- .. ..-:.:auc-......._
WHEREAS, ~e PJarining Commission was presented with the following evidence,
.:which by reference is hereby incorporated as pari of the record of said hearing:
1) The Application for an Amendment to a Major Conditional Use received by the Monroe
COqnty PlllJUlin8 and Environmental ResDurces Department~ including the plans and -
surVeys Hsted in attachment A;
2.) The staff repDrt prepared by Julianne Thomll8, Planner dated April 2. 2007, with I
attachments, said attachments including it Chapter 380 Agreement between Overse~
Redevelopment CompaJIY, Monroe County and the Florida Department of Co~unit}l
Affairs, and a Memorandum dated March 10,2007, to Andrew Trivette, Acting Director
of Growth Management from the County Attorney;,
3) The sworn testimony of Ilte Growth Management Division Staff;
4) The sworn testimony of the Applicant and Applicant's witnesses; ,
I.
S) Sworn testimony by the public;
6) Exhibits provided by the Applicant; and
P21.o7 Page 2of8 !
Kings Poime Marina i'
Amendment to a Major Conditional Use
I
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WHEREAS, the 'pl~ing' COinmission beard. argument and -explanation frcim Tim
Koenig, attorney (or toe App,licnnt;,.and:
WHEllEAS, advice 'and cOullsel were provided by Susan GrimsleY1 AsSistant Comity I
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Attorney and by J.ohn Wolfe, Attorney for the Planning Commission; and .
WHEREAS, MCC . ti9:~~.6~: provides the standards which are applieabJe. to. all
..
conditional use permits which- are as ~nows: ' I
Sec. 9.5-65. Standards applicable to all con~i~onaJ, uses.
When considering app'lications {(IF a co~diti6Jial use permit, the director of pl~S' 81).d the.
planning c:ommissiOD shaJi.C9osidcD ~e exteJ1tto whil?h: . , ' ", . ,:;, , "
(a)' The condifionaf use. is coilsi(?tcnhvith the purposes, goals. objective,~ an4:~~~,'ofthe'
plan 8Jld this Chapter; ,.' ..' , ',','
(b) The conditional use is:coDsdtent with the community chl1mctc;:,- ~fthe ~m.fui::diife'v:icirlity
of the parcel proposed for development;
(c) The design of1be proposed development minimizes adverse effects, including visual -
impacts, or the proposed use on adj~ent properties;
(d) The proposed use will b'ove aqJ e.d\!erse effect on tbe value of surroUnding propeiti~;
(c) The adequacy ofpubJic facilities and serv~ceBl including but not limited to roadways, park
facilities, police and fire prot~tion, hospital and Medicare,serviccs, disaster preparedness
program, drainage systems. refuse ~isposaJ, water and sewers, judged aCcording to
standards from and speeifically modi1icd by the public facilities capital improvements
adopted in the annual report required by this chapter; " ,
(f) The applicant for conditional use approvai has the financialllI'!d technical capacity 10
complete the development as proposed and bas made adequate legal ptovisioD to
guarantee the provision and development of any open space and other improv~,cmts '
associated with the proposed development; '.,
(g) The development-will adversely affect a known arc.haeological, iustoric.al ot ~u1tUril1
resource;
(h) Public accesno public beaches and olher waterfront areas is preserved as a part of the
proposed development; and
(i) The proposed use complies with aU additional ,standards imposed on it by the particular - I,
provision oftbis chapter authorizing such use and by all other applicable requirements of
the Monroe County Code. .
WHEREAS, tbe Planning Commission bas detennined dlat the application meets the
standards required in MCC ~ 9.5.65by the design submitted and by the assignment of the
conditions of this resolution; and
WHEREAS, the Staff report recommends that any new development on the Kings Pointe
site incorporate appropriate noise 1'cduction and protection methods.
WHEREAS, after consideration. of the testimony and evi4ence presented, the Planning I'
Commission makes the foJIowing fmdings of Fact and Conclusions of Law:
P21.07 Page:; ofB
Kings Poinle Marina
Amendmen[ to a Major Conditional U6C
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1. The 32' ROGO l\nitS, including development rights, may be transferred, according to the
teons of the 380 Agreement from Overseas Redevelopment 'company;- LtC to the Kings
Pointe Pr9ject according to the tenns of that Agreement. :which, allows- transfer after 'fi, i
builc:ling permit is issued for the Affordable Units to be built at Overseas Trailer Park. ' i
Thi~ transfer will provide compliance for MCC 99.5-120 and 99.5.265.
, 2. Vaeation'Rental Use is allowed becaU!~e it fs'noi'ilp~~~~iYproJiibited as it is in btli~
provisi~ns of tbe MU zoning regulations, it,can be regulirled as part of this conditional
use process~' find is therefore allowed pursuant to other. temis and conditiolls as set forth in
the MCC governing vacation rentals. This finding b~!1gsthe project into compliance
~ith:~(:C~9.S-248., '
3. The proj~t is ,in compliance with Minimum Yards (MC(; ~9.5~2g1) as a variance request
was approved to reduce the front yard setback from twenty:'five '(25) feet to twenty (20)
feet for 260 feet of the frontage along Peninsular Avenue as stated in Planning ,-,
CoiMrlssion Resolution P19.07. -
4. The project is in compliance with Parking Standards (MCC ~9.5-3S2) because a variance '
request was approved reducing the nwnb~ of o:ff..street parking spaces from 322 spaces
to 272 spaces and approving this request as stated In Planning Commission Resolution
P20-07 .
,
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5. Pursuant to MC~ ~9,5.3S4. the property is ..equi~ to have two (2) 11' x 5S' 10Bding !
and unloading zones.
6. Affordable housing criteria pur&uant to MCC ~9.~-266. are met by the tcnns of the 380
Agreement requiring 49 units of Affordable, Employee Hou&ing to. be built at property I,
cOmmonly known as the Overseas Trailer Park, legally de&:ribed as Lots 1-20, Maloney
Subdivision, Stock Island, ,Monroe County, Florida, having Real Estate Numbers:
001253S0.00~)oOO and 00125360.000100, according to the teons oftbe Agreement, over
riding any phasing requirements or simultaneous building at any location including Kings
Pointe for purposes of this application..
!
7 _ The conditional use does not violate the Interim Development Ordinance concerning -
working waterfronts because there is no furtber limitation on USe by the public ~
therefore docs not ~minish public access nor result in the JO&6 of working waterfront.
The restaurant bas not been functional for several years, the boat ramp wilJ be acceSliible
by the public, there will be some boal and trailer parking, gating will be done for security
after work hours. and repair. work may be done on site by mobile repair services.
8. ComPliance with the following standards imposed on this conditional use application by !
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the Land Development Regulations pursuant to MCC g9.S-6S(i) win be detennined by
the Building Department upon submittal for a building penni1 to the Building
Department: I
P21-07 Page 4 ofB
King$ PoiD!e Marina
Amendment to II. Major Condiliorull Use
I
,-...------.-
--....----...-
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I} FtoedplaiJi Managelllen1-(MCC ~~9.5..jI6 ~ 317) ~
2) Outdoor lighting (MCC ~~9.5~391'~ 393);' .,', . , I
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3) Handicap Accessibility (Chapter II, Florida Buil4ing Code); , , !
4) Air Installation Compatibt~, Use Zone (AlCUZ) Building, RequirementS,,"
required by theAICUZ applicable at he time of the major conditional use
application.
.,
NOW THEREFORE. BE IT REsoLVEti BY THE PLANNING COMMISSlON 'bf'
MONROE COUNTY, FLORIDA;
Secti~D 1. The request by Kings Pointe,~~atLC for ~,amendmcnt to 8'major,cOn'4itiprial.
use pennit for the, following is APP~O:YE1) subject ~o tbe conditions in SectitlD'.2: .'"
1. Removal ,of an existing maintenance. sa1~soffice & tackle shop (2,870 ftZ), bath Jiou:se (t.2j~
1V), warehouse (9,600 ft2), dock m~er building (660 ftZ), and dry boat storage buildmg (30,090 ,-,
ft2). -
2. Construction of tbjrty - two (32) new, a~ched market rate wtits for vacation rental us~;
addition of two (2) new boat bams (53,040,ftZ), Eight (8) Wet slips, a retail shopl dock mastl:tS
office and bait house including shower facilities (2.625 ft2) intended for use by wet slip owners;
an 'outdoor bar addition (735 ft2), flood proofsto)'age (2,160 ft2) under the existing restaurant and
a gated entrance.
I
Section 2. The Approval is SUBJECT TO TIlE FOLLOWING CONDITIONS:
] . If the site is gated, 1be fol'lowing conditions shall be met:
a. The gate shall be open, at a mi'nimum, one (1) hoUr )>riOr'to
swu1SC and stay open until (1) hour past SlUlset to provide
for public 8;CCess:
b. There shall be a number posted on the outside of the gate
providing a number to call if the gate is not open;
c. The gate shall comply with all slandards and requirements
of the Fire Marshal and other public safety interests; - ,
2. Prior to issuance of a building permit, a signed and sealed sjte plan
resolving the following issues is required:
d. The site plan shall show the two (2) 11' X 55' loading and
unloading spaces for the nonresidential uses;
e. The site plan shall oonfonn to the decisions of the Planning
Commission with regard to the parking and front yard
variances as determined in P19-07 and P20-07;
C. The following requests of ' the County's traffic engineer
shalt be met: to show the design maneuverability through
the site and at the project driveway and to show clear site
visibjJjty details at the access driveways;
P21-07 Page 5 or8
Kings Ppinte Marina
Amendmem to a Major CODdition.al Use
I
BID PROPOSAL FROM KINGS POINTE MARINA
AS APPROVED BY THE
BOARD OF COUNTY COMMISSIONERS
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Bid - Purchase of Hickory House Property
Bidder Name: King's Pointe Marina LLC (KPM)
Bidder Address: 1115 Marbella Drive
Tampa, Florida 33610
-
Bidder Telephone: 8136630401
813 663 0403 fax
Bidder Contact: Mr. Everett Atwell, Managing Director
-...'
-
General Information
1. List Partners or Members: The members of KPM LLC are Everett Atwell, Derek
Parker, Tim Koenig, Jae Heinberg and Ralph Sanchez
2. List of Directors and Officers of KPM LLC: Everett Atwell and Derek Parker
3. Operations ofKPM LLC: KPM has been an operating entity for two years since its
acquisition of King's Pointe Marina in June 2004, Since that time KPM has successfully
operated the King Pointe Marina including dry boat storage, managed wet slips for the
owners of the slips and maintained the ancillary facilities including bait and tackle shop
and marine sales and service spaces for lessees. KPM also owns Fiesta Key marina a 77- -
slip marina at Fiesta Key Resort, which has managed for the last one and half years, KPM
recently acquired Conch Harbor Marina in the City of Key West, which it now operates
as a full service marina with fuel sales, The principals of KPM are also the principals of
Coral Hammock LLC, which has developed a resort vacation resort including two
employee residential units and is now developing three other properties in the Florida
Keys
4. Operations History: Since its inception three years ago KPM has operated only as
KPM and under no other names,
5.Five Year History - Failure to Perform Similar Services: The response to the
.",- County's question five of section B, General Infonnation is: No
6.Customer references:
a. Mr. Dale Bittner
Branch Banking and Trust Company -
1010 Kennedy Drive
Key West, Florida 33040
(305) 292 3842
b. Mr. John Sanchez
Blaylock Oil Company
754 South Flagler Avenue
Homestead, Florida 33030
(305) 247 7249
7. Credit References
a, Mr, Dale Bittner
Branch Banking and Trust Company
10 I 0 Kennedy Drive
Key West, Florida 33040
(305) 2923842
b. Mr. John Favret
Vice President
Wachovia Bank
100 South Ashley Drive
Tampa, Florida 33602
(813) 276 6632
8. Relevant Experience
King's Pointe Marina is a full service marina located at the southern tip of stock -
Island with 158 dry storage slips, 96 wet slips, 4800 square foot restaurant, 9400 square
feet of marina related commercial use including engine repair, boat sales, charter boat
rentals and boat maintenance, KPM has managed the marina for three years improving
occupancy and the physical appearance of the marina and its facilities and has received
County approval for the redevelopment of the marina into a mixed-use marina and
residential project with continued public access to its facilities, The current list of
services provided at the marina is:
1. Wet Slip Rentals
2. Dry Storage Rentals
3, Mini Storage Unit Rentals
4, Fuel Sales - Gas and Diesel
'.... S. Tackle Shop / Convenience Store Sales
6, Boat Launch Ramp
7, Forklift Services
8, Outboard Motor Sales/Service
9, Small Boat Sales -
10, General Marine Mechanic Services
11. Restaurant
12, Condominium Management (Residential, Marina Slips and Dry Storage
Condominiums)
13, On Site Security Service
14, Wi-Fi Internet Service
15, Vessel Wastewater Pump Out Service
16. Bath House
17, Laundry Facility
18, Special Events Services
KPM principals also own and operate Fiesta Key Marina a 77-slip facility serving
the users of Fiesta Key Resort RV Park. This marina is also a full service marina with
fuel sales and boat rentals as well as bait and tackle shop, KPM principals have owned
and operated Fiesta Key for two years,
KPM principals also own Conch Harbor which as the following services 0
* Vessel accommodations to 185 ft, 100 amp, 3phase
* Annual, monthly and transient dockage available
* Shower and laundry facilities
* Cable TV and telephone hookups
* Pump out facilities
* Bait and fishing supplies
* Charter dive, fishing, and sailing excursion vessels available
* Monty's Raw Bar
* Real time weather system
* Beer, sodas, ice and snacks
* Low and high sulfur diesel
* 89-octane gasoline -
* Valvtect Marine Fuels
* "T" Head fuel dock located just inside entrance to Key West Bight
* Fuel dock draft 12 ft,
* High-speed diesel delivery pwnp
* Swimming Pool
In addition to the three marinas described above the principals of KPM have
constructed or have approvals for a number of resort projects in the Florida Keys and
along Florida's West Coast. These are:
.-' Coral Hammock
Recalling the romantic chann of old Key West, Coral Hammock is named with the
intention of reestablishing the dwindling native hammock vegetation, characterized by
hardwood trees and rich humus soil, found throughout the Keys. This resort community
of 12 custom single-family homes and 43 town homes can be enjoyed year-round, -
Custom details, vaulted ceilings, Conch style porches, traditional metal roofs, picket
fences and tropical colors create truly inspiring designs for these 2 and 3 bedroom
residences. A gated entry, lush landscaped grounds and walking paths coalesce to create
an elegant ambience and the utmost in pIivacy - all combined with maintenance free
living. The lavish clubhouse and magnificent three-lobe pool invite you to soak up the
Florida Keys' renowned sunrays and sea breeze, With extensive plantings of these
hardwood hammocks such as buttonwoods and paradise trees, this resort is a botanical
oasis to rejuvenate the tired spirit. For the avid adventurer, you will also find yourself
minutes away from championship golf, world class fishing, coral reef diving and the
excitement of old town,
Blue Meridian - Luxury Resort Living
Between sky and sea, the bay and the beach, the energy of city life is balanced by the
relaxed elegance of island living, This is Blue Meridian, Fourteen luxurious levels above
Rocky Pointe Island inspired by the MeditelTanean in both name and contemporary
architecture -a paradise in the middle of it. all. It is where America's finest beaches meet
the bustling business and cultural life of one of its most vibrant cities, opposing points of
a maritime compass placing this luxury condominium in the center, minutes from
unparalleled golf, shopping, arts and more, Live, work and play-something new is rising
on Old Tampa Bay,
In partnership with High Point Development, Cortex Resort Living is proud to offer the
new standard in elegant living across three acres on legendary Rocky Point Island,
embracing sophisticated, open floor plans, awash in natural light and the most luxurious
amenities imaginable, Reserved, covered parking leads to high speed elevators and 108
residences ranging in size from 1,500 square feet to more than 4,300 square feet.
Accommodations incorporate retail establishments, guest parking, and a business center,
accounting for what will become the region's most talked-about residence, offering the -
finest features, services and amenities,
Harbor House Sporting Luxury and Convenience
For centuries, seafarers from across the globe have found port in the friendly waters of
Key West Harbor. From pirates to presidents-steamships to shrimpers, after long
journeys at sea it was this course that showed the way home. Now, this legendal)'
waterfront, both lively and quaint-will have its own house to call home, Harbor House
will spring to life along Lazy Way with 32 exclusive residences appointed in classic Key
West style and detailing, With no less than 2,000 square feet each, the homes feature
three bedrooms (master and junior master suites), front and back porches and from nearly
'.' all floor plans, views of either Old Town or the lush, Harbor House pool amenity. Each
residence enjoys two and a half stories, capped off with a turret design reminiscent of
classic widow's walks, where a wet bar calls for nightly views of the famed Key West
sunset. Corner homes are designed with a Queen Ann element, featuring a fully enclosed
room and harbor views, Planned on nearly two acres-the last parcel of developable land -
in Old Town-Harbor House overlooks the legendary harbor in one direction and, in the
other, is a mere two blocks from bustling Duval Street. The project is designed by long-
time Key West architect Peter Pike, who specializes in renovating historic island homes.
"I went around the neighborhood and eclectically gathered parts and components of
existing historical buildings and brought them together in a collage," says Pike. "And
respecting the social concept of Key West, we kept parking remote from the structures,
encouraging residents to participate in the walking and bicycling that is indigenous to the
island."
Playa Cristal
Step aboard and set sail to the south, where the pages of time turn back to the richness
and splendor of Havana at its height. Hemingwais Cuba, A balance of masculine life
spent outdoors and the romance of Latin culture on the beach, This exotic, forbidden
fantasy comes to life at landfall on the legendary isle of Key Largo and Playa Cristal, a
residential resort featuring the exclusiveness of private living, and the lush amenities of
resort life. From the moment you pass through the historic arched entrance on U,S, 1, the
eye is drawn to the Gulf's shimmering horizon beyond Portales, a series of portals that
choreograph your emotions and frame the legacy of these 12 tropical acres: the crystal
white sands of the most picturesque beach in the Florida Keys and, by extension, the
world. AJong nearly 800 feet of beach front a series of balustrades create comfortable
amphitheatres that guide you to the beach by day and beckon you to sit a1 night. For here,
The Sun AJ so Sets, each evening, in a dramatic bow unequaled in splendor. Our hub of
activity is La Floridita, a lavish pool reminiscent of the historic clubs of Havana, with a
restaurant and bars just steps away from an infinity-edged pool wrapped by twin
staircases--a grand entrance to the beach. Every aquatic whim is at your fingeltips in this
fishing, boating and diving paradise, minutes from the first undersea park in history, John
Pennekamp, home to the only living coral reef in the continental United States. Seafarers
find a welcome port at the end of our wood-planked dock, where twenty slips stand ready
to moor your personal boat or yacht. This luxury life is limited to less than 100 fully
furnished units, distinguished by five identities:
Quinta Bungalow or Suite-Tucked into the thick preserve of a natural Florida hammock, -
the ultimate in secluded living,
Casa Fuentes-A neighborhood of cottages centered on gardens and water features as an
expression of the beach.
Marquesa- The height of community living, organized about a traditional Cuban courtyard
that transforms into a tidal pool.
Casa Grande-The Big House, reminiscent of grand Havana architecture. Opulent and rich
of detail with stunning sunset views from every balcony,
Casa Aqua-Beach cottages where your front yard is Playa Cristal and the Bay of Florida.
Each unit at Playa Cristal is built to the exacting standards of Cortex Communities, with
unsurpassed attention to detail and state of the art appointments expected oftuxury
lifestyle living, In its Golden Age, Cuba was known as the Pearl of the Antilles. Nearly a
,.' century later, Hemingway's Cuba is alive again on the Pearl of Key Largo. Playa Cristal
Angl er' s Reef Islamorada
Your island home, located in the heart of the Keys, mid-way between Key West and -
Miami, this private, gated community offers exclusive intimacy, Residents can stroll
quaint streets and walking paths through lush, native landscape, More than 500 feet of
Caribbean beachfront frame a garden plaza and spectacular infinity pool area, located just
steps away from 36 protected deep-water boat docks, The community is limited to just
fifty-two single family homes showcasing spectacular ocean views, each crafted in the
style of Native Conch and the British West Indies, adorned with tin roofs and gingerbread
trim - the look and feel of a cozy, Caribbean fishing port, With so many activities and
destinations, IsJamorada and the Keys are synonymous witb island leisure, recreation and
incomparable beauty, Three miles to the south is famed Alligator Reef, and just north of
Islamorada" lies the only living coral barrier reef in the Continental U.S., teeming with
the world's most sought-after game fish, an area nobly touted as "The Sport Fishing
Capital of the World." Events vary from national boating and fishing events to cozy book
readings and local theatre - you will discover world-renowned seafood, cool island music,
and warm friendly faces as you brows the nearby art galleries and shops,
Angler's Club Historic Boca Grande
Tucked away in a quiet, deep-water cove beside one of Florida's best-preserved batTier
islands, Angler's Club is the perfect place to call home. With the Gulf of Mexico on one
side and a natural hardwood hammock on the other, you're just minutes away from
world-renowned fishing and championship golf, white sandy beaches, and wilderness
walks, Just across the bridge from Angler's Club lie Gasparilla Island and the historic,
well-heeled village ofBoea Grande where you can dine and shop,
This private, gated community features 32 luxury waterfront town homes and 18 stand-
alone residences, plus one 6,OOO-sq,ft, eclectic signature home, The look is Key West
"Conch" clapboard facades in traditional tropical shades, gables and shutters, gingerbread
trim, tin roofs, expansive porches, and white picket fences. Every town home has its own
deep-water doek and for everyone to enjoy, there's a 1,000-foot-long boat dock walking
promenade, a clubhouse reminiscent of old Florida fishing camps, and a lagoon-style
pool with cabanas, all set against a backdrop of lush tropical flora and fauna,
A Mecca for sport fishermen, the surrounding waters teem with many varieties of -
saltwater game fish, including snook, redfish, grouper,
9. Project References
a. Mr, Dale Bittner
Branch Banking and Trust Company
1010 Kennedy Drive
Key West, Florida 33040
(305) 292 3842
Mr, Bittner's bank provided the financing for King's Pointe marina and for the Coral
Hammock residential project. The financing for both projects were successfully
-' completed and both projects have been eithe.- completed or are under construction. The
financing fo.- Coral Hammock was complete in 2003 and that for King's Pointe complete
in 2005,
b. Mr. John Favret -
Vice President
Wachovia Bank
100 South Ashley Drive
Tampa, Florida 33602
(813) 276 6632
Mr, Favret's bank provided financing for the Playa Cristal and Angler's Reef projects,
The financing was successful and Playa Cristal is under construction and Angler's reef
will receive its first certificate of occupancy in mid June 2007.
10.Litigation
Answers to questions posed by the County as item E of Bid proposal related to
bidders experience with litigation,
a, item a : No
b, item b : No
c, item c : No
d, item d : No
11. County Required Forms - attached
12.0ther Attachments
1. Conceptual site plan for Hickory House Redevelopment
2, Approved development order for King's Pointe Marina - Planning
Commission Resolution P21-07
-
.""
-
PROPOSAL FORM
The Purchase price is: $3.1 Million Dollars ($3, 100,000,00)
The Commitment to the non-purchase price conditions shall be met hereunder as follows:
A. Public Access On-site X Off-site X
Describe the extent of the access and how and where it will be provided. The proposal is
centered on the incorporation into the King's Pointe marina immediately to the west. Please
see the attached initial conceptual plan for the integration of the two sites .The public will have
the oppofrunity for public access at both sites. Pirst the King's Pointc Marina will allow the
public to access its boat ramp ,lS required by the County development order approving the
King's Pointe marina. (AH:ached). As required by the request for bid, King's Pointe marina is
described as lots 1,23 and adjacent bay bottom, square 60, part lots 1,2,3 and adjacent bay
bottom, square 61 part Maloney Avenue vacated and filled bay bottom adjacent to Maloney
Avenue, and part adjacent parcel; unit j-4, j-6, j-11, j-12 and 5/52% common elements -
Oceanside east dry storage condominium, Stock Island, Monroe County, Florida having real
estate numbers 00127420.000601 through 00127420.000675,00127440,000100 through
00127440,002500,00127420.000000,00127420.000100 and 00127430.000101 through
00127430.000211, at approximate mile marker 5, whose street address is 5950 Peninsular
Avenue, Key West, Florida 33040. The development order provides that the public will have
access to the boat ramp and the charter boats using the ramp and marina from one hour before
sunrise to one hour after sunset. In addition the public will have access to the bathrooms
serving the boat ramp. At the facility to replace the Hickory House there will be approximately
'-' 15000 square feet of commercial space for marina and waterfront related businesses to serve
the public and the users of King's Pointe marina. The uses expected at the new facility will be
boat sales, marine engine repair, fuel sales, bait and tackle shop, boat rentals, ship's store
providing sale of items related to boats and water usage, snack shop selling food related to use -
of boats and the enjoyment of the waterfront. In addition there is planned an expansion of the
existing docks at the Hickory House to provide an additional 18 wet slips. Finally parking will
be provided to County standards for the uses on site.
For the purposes of identifying the cost other than the bid price required by the RFB, the
waterfront/marina services provide by the lessees and at the bait and tackle shop, including the
fuel sales will be at prevailing retail sales prices. Two components of the public access
recJuiremcnt are boat-launching fees and fees for sewage holding tank pump-out. The
following fees are proposed with an annual adjustment using the South Florida Consumer Price
lndex, adjusted for Monroe County, not including Ule cost for housing:
Boat launch fee $20,00
Sewage holding tank pump-out fee $25.00
B,~
Describe tJle type of facility and how and where it wllJ be provided: The ships' store component as
described above will provide bait and tackle, fuel sales, boat rentals, food and provisions and items
related to the use of the boats and waters of the marina and this site. Bathrooms for the public -
using this site will also be provided. The building providing these services will be placed
immediately adjacent to the shore and is programmed at approximately 2500 - 4500 sq. ft. in size,
The store will have operational hours consistent with this type of use - from before sunrise to
after sunset consistent with the public's operation of boats on the water.
C. WorkForce Housing:
.':"
Describe the type of structure(s) and how and where it (they) will be provided: The principals
of King's Pointe Marina LLC, the bidder own the right to five (5) Rate of Growth Ordinance
(ROGO) exempt affordable housing allocations derived from the approved and constructed Coral -
Hammock development on Stock Island which by that County approved development order may
be transferred to any appropriate location in the Lower Keys Planning area as affordable housing
units as defined by County Land Development Regulations. The proposal is to transfer these
ROGO exempt to the Hickory I-louse site and to integrate them as second story units into the
proposed marina related conunercial space as second story units. The units will one and two
bedroom units, which meet the size and income restrictions of Monroe County code, and will be
deed restricted for that use,
ACKNO\XTLEDGEMENT:
J acknowledge receipt of Addenda No, (5) --1-__._
I have included page 23 through 26 of the Proposal which entails the Proposal FOIlll ~ the Nan-Collusion
Affidavit ,./ and the Lobbying and Conflict of J nterest Clause ~ and the Drug Free
Workplace Form ~ In addition, I have included all requirements as stated in
Section One, Article 1.04 Paragraphs A and B.
(~heck mark items above, as a reminder that they are included.)
Mailing Address: 1\\5" lv\a.rb~~Pr rla~ :Dri\!a..,
If\'f't\plT, F/brlda 33 ID Telephone:BI3. ",~'3 . Dtfe l
Fax:l>13.bbo .D~3
~-J "'o:f-
Signed:
~~ -
(Name) , \ r
l~ . . Karen D. Werner
It?' , (D" " ~ ~; Commission '# 00531904
I c. Vl~ I il.}.-- I fI f' ,xcrr \~".~ Expires July 1, 2010
(fitle)' 8oodoolr....'.... ,-,Me iIOOoJOI.7~8
My Commission Expires
.....
1-} - ID
-
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY. FLORIDA
W~e ' warrants that he/it bas not employed, retained
Kl~ EJ\ N\Anb')~ LLL
or otherwise had act on hislits behaJf any former County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer 01" employee in violation of
Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County
may, in its discretion, terminate this CQutract without liability and may also, in its discretion,
deduct from the contract or purchase price, 01" otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the fonner County officer or employee,
~ -
signature)
Date: to - 1 - D=t-
STATE OF _FIDR-lOtt
COUNlY OF Monro fL-
, .- .-..
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
_t\Ju-dt ~ l who, after first being sworn by me, affixed hisJher
-." signature (name of individual signing) in the space provided above on this I at: day of
JlJ~ , 20..a3::
-
NOTARY PUBLIC
My commission expires: "f - I - 10
~ Karen D. Womer
OMB - MCP FORM #4 ~1 jO! Commission # 00531904
~4:" . Expires July 1, 2010
, ", _dT..,F... ,_.... __101~
-----~-_.
NON-COLLUSION AFFIDAVIT
I. Ew.n.-t\- A-huU \ of'" oilY O;=c~& _tbi-!;{c.
~ccording to law on my oath, and under penalty of peljury, depose say tb.at:
1 1= fi\~Y\~~~
Ofthefirm~f .} . l.- f\A~n-~, LLG
\ (
the Bidder making the Proposl!! for the project described ~ the Notice for Calling for bids for:
7\.!n:ha.~ ~ \.rlClfury DL& ymM
and that I executed the said proposal with fuU authority t do so:
the prices in this bid have been arrived at independently without collusion, oonsultltioD., communication or
agreement for tile purpose of restricting competition, as to any maUer relating to such prices with any
other Bidder or with any competitor;
unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly
disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to bid opening,
direct.ly or indirectly, to any other Bidder or to any competitor; and -
no attempt bas been made or will be made b the Bidder to induce any other person, partnership or
corporation to submit, or not to submit, a bid for the purpose of restricting competition;
5. the statements contained in this affidavit are true and correct, and made with full
knowledge that Monroe County relies upon the truth of the statements contained in
this affidavit in awarding contracts for said project,
~(~ /b-tD1
of Bidder) (Date)
._' STATE OF: -ElDi2.JDfT
COUNTY OF: ~V\pnroL
PERSONALLY APPEARED BEFORE ME, the undersigned authority, fVaxdf- A-huL! L -
who, after fi~ilJlt sworn by me, (naIlle of individual signing) affixed hislher signature in the space provided
aboveonthis ~ day of ~lJf\L 20~
//'~~~1f~
C/N UBLIC L_
My Commission E"Pires: T - I - I D
ijG)' . Kare~~. Werner
~ ~ CommiSSIOn # 00531904
.~ '" ..~Ires Juty 1, 2010
...,F... ",,-,toe ~D
DRUG-FREE WORKPLACE FORM
- -.,
The undersigned vendDr in accordance with Florida Statute 287,087 hereby certifies that:
~~ '11;.\~ ~n'nQ11 LLG
, (Name of Busmess)
I. Publish II statement notifying employees that the unlawful manufllcture, distribution, dispensing, possession, or
use Qf Ii controlled substance is prohibited in the workplace and specii)'ing tile Qctions that will be taken against
employees for violll.\iMS of such prohibition.
2. Inform employees about tile dangers of drug abuse in the workplace, the business's policy of maintaining a drug-
free workplace, any ayailable drug counseling, rehabilitation, and employee assistanco programs, and lite pelllllties
Ihat may be imposed Ilpon employe~5 for drug abuse viola1ions.
3, Give each employee engaged in providing the commodities or contractual services that are under bid a copy of
the statement specified in subs ectian ( I). -
4, In the statement specified in subsection (I). notify the employees that, as a condition of working on the
commodities or contractual services that are und~r bid. the employee will abide by the terms of the statement and
will notify the employer of any conviction of" or plea of guilty or 11010 contendere to, any violation of Chapter B9J
(flQridn Statutes) or ohny controlled substance law oftbe United States or any state, for a violation occurring in the
workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require tlte satisfactory participation in a drug abuse assistance or rehabilitation program
i(such is available in tile employee's conunllnity, or 8J1Y employee who jg 80 oonvicted.
6, Make H good faith effort to continue to maintain a drug-free workplace through implementatioll of this section
As (he person authoriz~d to sign the statement, I certify that th is firm complies fully with the llbove requirements,
STATE OF f\D'r; da. ~~
(Signature of Bid de
COUN1'Y OF (U\pn ro ~ tQ-l-D1- -
Date
PERSONALL Y APPEARED BEFORE ME, the undersigned authority,
5L~dt ~ 1 )"J ~ wilo, after first being sworn by me. (name of
individual signing) affixed @/her signature in the space provided above on this
~dayof .....\UOe- , 2001-.
}:~ My commission expires:
.~~
i>>~~ Karen D W
-.: , - C . erner
~}.jp, :I: e::;:rr:~ # D0531904
~ ,IN &od.OT U 1,2010
./'" I"OfF~lI1 f~~ ItI.c C06..)a.5-701t"
r
I . d XI:J.:l 1.3r~J:3Sl::J" dH I-Jdl.S;ZI l.OO2 130 I";E!'W
--- .-.-----.--,---
4CORDTll CERTIFICATE OF liABILITY ~NSURANCE I DATE IMUlDIYfY}
6/412007
PROOOCER Acardia THIS CERTIFICATE IS ISSUED AS A MAllER OF INFORMATION
3225 Aviation Avenue Suite 400 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
Coconut Grove FL 33133
(305) 443-4886 INSURI:RS AFFORDING COVERAGE
IIISlIREO INSURER A; Northern Assurance Co Of America
Kingspointe Marina, LLC. INSURER 8: Great American Ins CO
INSURERC: Bridgefield Employers Insurance Company
5950 ~eninsula Avenue INSURERD: Citizens Property Insurance Co
Key West; FL 33040 INSURERE: Fidelity National Insurance Co
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE: BEEN ISSUED TO THE INSURED NAMED ABOVE FOR ruE POUCY PERIOD INOICATEo, NOTWITHSTANDING
MY REQUIREMENT, TERM OR CONDmON OF ANY COIfTRACT OR OTHER DOCUMENT WITH RI:SPECT TO WHICH THIS CERTIFICATE MAY BE ISsueo OR
MAY PERTAIN, THE INSURANCe AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All i'HE TERMS, EXCLUSIONS AND CONDfTlONS OF SUCH
POLICIES, AGGREGATE UMrrs SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
'~i': TYPE OF INSURANCE POLICY NUIISl!R 'rl'A TE 'MWDDIYY 1'0 0'" UJIIn
DATE llWOlllVV1
~91ERAL UA8lUTY EACH OCClIRRE/lCE $ 1,000,00
~ 5t.1MeRClAI. GENERAL l.IABllITY FIRE DAMAGe (1VrfCIllO ro'llJ $' 100,00
~ ClAIMS MADE 0 OCCUR !.lED EJ<P (My CXlO _0) $. 5,00
A NSJH22561 6/23/2006 6/23/2007 PERSONAL" PDV INJURY $ 1,000,00
X Marina Liab GEHEMl AGGlUlGA'rE $. 2,000,00
~L AGGn WIT APr!~t PER: PRODUCTS. COIo4PIOP AGO $ 1,000,00
POLICY P,f-R.; LOC
~lOMOBIU;: UASlUTY COMBINED :$INGLE LIMIT S
/IHY AUTO (Ea Ilccldenl)
-
- ALL OWNED AUTOS BODILY INJURY
ll'....pomon) S
- SCHEDULED AUTOS -
- HIRED AUTOS 80011.. Y INJURY
(Per accldenl) $
J..-- NON-OWNED AUTOS
f-- PROPERTY DAMAGE $
(ParllCCldo'-,
RCEUAB'UTY AUTO ONLY -EAACClOENT $
AH'( JllJTO OlHER THAN EAACC .
AUTO ONl. Y; AGG $
EXCESS IJAElIUTY EACH OCCURRENce s 1, 000, DOl
,-' t:!J 'OCCUR 0 CLANS MADE AGGREGATE S I,ooo,Doe
B OMH583-2B-Q4 6/23/2006 6/23/2007 $
t;! DeDUCT/alE s
X RETliWION $ 10,000 ~~Wsl S
WOIlt<ERS COMPEHSAllON AND IOJ~'
EMPLOYERS' UABlUTY E.L EACH ACCIDENT . 50a, DO(
C 83032799 11/1/2006 11/1/2007 e,L OISEASE - EA EMPLOYEe $ 500, aO(
EL DlSl!ASE. POLlCYLlM1T $ 500t 00 (
OTtfQl SEE ATTACHED
D wind Coverage - Citizens 13 90524 6/28/2006 6/26/2007 COVERAGE
BREAKOUT
Dl!!SCIllPTlON OF OPIlRATlONSlLoeA11O~C1.USI0~ PDOEO BY ENl>ORSEII&lTISPEC/At. PROVISIONS
See Supplementallnfonnation Page(s)
Cr:RTlFICATE HOLDER 1 I AODmONAl..INsUReo; IP4SURER l.ETTCR: CANCELLATION
SHOULDAHY OF TllE ABOVE OESCltlBeO POUClES BECANCEU..Eo8EFORe THEEXPlRAllON
DATE 11fEREOF, THE ISSUING INSURER WIll. ENDEAVOR TO IWI. ~ DAYS WRITTeN
NOTICE TO THE CERTIFICATE HOLDeR NAJAfD TO TtlE LEFT, BUT FAILURE TO 00 so SHALL
IMPOSE NO oaUGATtON OR UASlUTY OF ANY I()II!) UPON TlIE INSURER. ITS ACENTS OR
!U:PRESENTAnveS.
AUTIlORlZEll REPRESENTATIVE
, -
ACORD 25-S {7/97) €I ACORD CORPORATION 1982
~ \- . ......__ ~,,,,,,. ~ I - , 0 ~,,~ c-~./'t\~~1:0 1-1.0, ~1~1"''' PFV1,O.:
-.-'-'--
'; "t.~". ,:~,~~~~~;I~~I(:;: ;.;~~~i~~~f:::":,,::,~,,,~t~~if~?;":",,~!~.'~~?~;?~"" 06A~(i~PJ:f
,~.. ,_ ._. .___,_._____.__ I\PPUCAlIT(Fi""'''''''''d~1 :r~rf.,.~L_,._..._
Acardia Kingspointe Marina, LLC.
3225 Aviation Avenue Suite 400
'5950 Peninsula Avenue
Coconut Grove FL 33133 ,Key West FL 33040
r'eFi:eCTIVEOA.-E' -'--exP1Rinoo-o'ATf 'COn>w'--' "- '.--
_ _,___....__ ,___.. ,. ,._......_--1
COOE: ' SUB COOE: \
---, ,- "'"'' ., --,._<---- ------- -,-----,. . -
AGENCY CUSTOMER 10 : POLICY WIlIll:R:
1--_.. ._> ...__ ___.__, _.. . __ _ ___
I ACCOUNT NUUBER:
tn'El'UtJ)1\Jf\(:f)lL.VL=AI tUH~Vr:Jtty.t:.~(;(O~lvNa I\UUt:lJ tiS ~l'lIuutQt:.Ml:tlt'~t't::WAL t"Jt:V\ffiJoIl"M'U.
E) Flood Insurance Coverage as per the National Flood Program:
1) Pol. No. 99021060552005 06/23/06 to 06/23/07 $500,000 Bldg. $120,000 Cont. Restaurant
2) Pol. No. 99021060732005 06/23/06 to 06/23/07 $500,000 Bldg. ~120,OOO Cont. Boat storage
3) Pol. No. 99021060872005 06/23/06 to 06/23/07 $246,400 Bldg. $ 11,000 Cont. Bathhouse
4) Pol. No. 99021061062005 06/23/06 to 06/23/07 $157,200 Bldg. $ 55,000 Cont. Tackle Shop
5) Pol. No. 99021061182005 06/23/06 to 06/23/07 $329,000 Bldg. $105,000 Cont. Serv.Shop & Off
Marina Operators Legal Liability $1,000,000 Any One Vessel, $1,000,000 Any One Occurrence.
$2,500 Ded_
Protection & Indemnity $1,000,000 Anyone Occurrence.
Scheduled Tools & Equipment: 2001 Wiggins Froklift $186,000 Value Oed. $2,500 --
1997 Taylor Forklift $144,231 Value Oed. $2,500
'~'~lr-I.f 'RiiATIni\i""'GB '~. Acoiilii2il,.ltli'li' 'iii~"""-' . '. '''-~';;'~''''-'' , '~.' ~." "~.... '62
I I 1'0 ' PA ~ W..,. n: ~"'''o''f.,':;;' ;'i,rGi '~;;.,1#;j;i;"1 ',:@: ' . . _\1
JMPORT ANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement A statement on this certificate does not conrer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this (orm does not constitute a contract between
the issuing insurer(s). authorized representative or producer, and the certificate holder, nor does it
affinnatively or negatively amend, extend or aner the coverage afforded by the policies listed thereon. -
'-'
-
ACORD 25-$ (7/97) ..J!E..><LO.
---
-'
;; AcaRij: ;'et(D:E~,n~jfJ0F ~1t1fj.ER.~N;SO.NGi?W~~i~1f? ~,.-.-.....~
DATE t~IWODIYY)
to .,,!. ~~, J ',,- 4' "",,_)$..' . ,~:. ..' "~". ~ ~ '.." -"","",)j1~,,,,>;,~Y,:;'/t . 6/4/2007
-::t~DI""'r:'...........~'='t~~, '0 ",:'; ..~ol~..~.., ;... <:".~~';~.-" ,~;.~ ~l;J ....._~.... .,~:~ ":::!.. . ~.L <. '~';;'. ....;?~. t~~;S:;;;1i\:' :~"'" iJr=....,.,...:~J"_~~.f-. " -.', "''.!"i..(i ':~~It. t-_~ ~~'_ ,_: _ ..
THIS IS EVIDENCE THAT INSURANCE AS IDENTIFIED BELOW HAS BEEN ISSUED. IS IN FORCE, AND CONVEYS ALL TI-lE
RIGHTS AND PRIVILEGES AFFORDED UNDER THE POLICY,
PRODUCER P"tk "l> E><l: (305) 443-4886 COMPANY
Wells Fargo Insurance Services Southeast, Inc. Scottsdale Ins Co
3225 Aviation Blvd.
Miami FL 33133 Commercial Property
CODe: SUB COOE:
CUSTOMER to ,;
INSURED LOAN NUMBER POUCV NUIlB!m
KINGSPOINTE MARINA, LLC. CFS0196976
EFFECTIVE DATE I!l(PlAATIOH DATE
CONTINUED UN11l
5950 PENINSULA AVENUE 6/23/2007 6/23/2008 TERMINATED IF CHECKEll
KEY WEST I FL. 33040 TIllS REPl.ACES PIlIOR EVIDENCE DATED:
f ~ ":fmrr:~tlE~n~i(~;...~'~;.~~,,-~~ ,-~~ ;:~~~; :~"'-~'- ~ 1 .:: {~ ~ ':';~ ,:Z.~:~~t-:'.. ~_~,~.~~~:i;;;'~r-l~~l'.~~l:?-~. ~.~'r~'J~~J;~~):' f. ,.;'~fe~t!~.: ai.:". "t'~~;i:;:,-,~~':...~~;ti~ ~('" ,'l:~~~~. '~/:;,:~:~',~ -:<!'~;::" ;~~: ;~~J,
LOCATlONltlascRlPTlON
5950 PENINSULA AVENUE, KEY WEST, FL. 33040
-
',~~_.~' - ~":.' _~~~,~,*';:(:"':":'>1N~i;:~~~f,:~V2~~i~~~~:',~;i.4:~~~f.~:,-;;~~;~g:~?~~1t,t~,-/~~:5.;1fj~\,,;.~ ,j::,i~iti;~~r:~;~' '",;~~~YT~
COVERAGElPERlUIIFORUS AMOUNT OF INSURANCE DEDUC116lE
Building Rep acement Special (Including theft) 3,587,000 5,001
Cost
Business Personal Property Replacement Special (Including theft) 945/000 5/001
IncI Stock Cost
'-'
,;~iiiic!~~~Hf -- '. ...~t';~lt~iiW~:..::'~~. ~ ~. :~~;'i'~'I,:}.~;:'n.~f~~' . ".~?f
See Supplemental Information Page(s) -
,(f C ."-"':"'-0" . ~~.~~~;"1~:\{ :_~ " ,-!i~:~'5~~' ':".. ::~,!~.'~~~l~: \:i~,'~::"~;':~~?:~~:-~.~'~:-~~;:-"';~\f~~:~j~A::~~':~f,.~~i%~~~~~?t~:. '" ~~ ~:..,: ~_~:: ;.~;:~:. ':: ~. 'i;A!,,~~~~ "."'- . ;r.:~ J< ::':"', \
,,~..~._.>.
THE POLlCY IS SUBJECT TO THE PREMIUMS, FORMS, AND RULES IN EFFECT FOR EACH POLICY PERIOD. SHOULD THE
POLICY BE TERMINATED, THE COMPANY WILL GIVE THE ADDITIONAL INTEREST IDENTIFIED BELOW 30 DAYS
WRIITEN NOTICE. AND WilL SEND NOTIFICATION OF ANY CHANGES TO THE POLICY THAT WOULD AFFECT THAT
INTEREST. IN ACCORDANCE WITH THE POLlCY PROVISIONS OR AS REQUIRED BY LAW.
I~~":',!'" :, ::}K~>':'i:',', ,''!Ii'~M':dtf;ll;4;:?:;::<))C'i!.~;li', ',+~'i,,> ': -- , ;';!'e, ,,' '.-'1,
~ .. 0: ,-
NAMe AND ADDRESs . ,. ,. . .. . .. . MORTGAGEe ' . ADDinONAlINSURED ..,.
LOSS PAYEE
lOI\N#
AUTHOruz:l!j) Im'RSSENTA 1lVIi
I
Jt~;Z1:l~'~lt~:~~~~. ,~~.,. ,i.~:tt:{,~~.:1t1~i,.~,~~~:::;, ":> .: \.-: ;2;Jl;~j.t;;/t~~~'f:'. . t~~b:~OH1,~
- -~ ............~
----- ~-_._~--
j '~.t1EMtnt~;lJ.tJF() . ' 'ON :: ':~~\"[~~I~~t-;'*;~"\-*::,.,*:Y;>:;},;'Ji!i-~'~:;;,,, ,7;f.-'<T! :,: "..~ :"'VArelfJ~
, AI. "'A~'f{);1\C0Rf.""~7(3193)~W~"):;:''1:'':'f;i'/~J"f>J'p,~,,..~'''fF:'t:;i~~0.'t.' :;:;,~~?~~,t,:i;~-.:)(!.t.1'~~~:,~",f""f.a:%~"" '," 'c;" 6/4/2007
, .. .1' _" . .' ,'.' ....- .' .'. ' , ...':":" ~ ~ .~ '. . .A:.:$~: ,~, ~.;~~} :tr< ',~,;.'(,~;';:~':-I: :-,~'\ ,.... -;,:;"'~.. ;~... :~;:". '~~i~...,J'>" ,', ...'...~.~ :',--.... ','F; p . , .: ;.;' .. ....~~::~~ . -'. - ."~' ~'': '.; .
PRQOUCE/l. r~~,~!t (~~~.!..-..,4~,3-~~~6 _. ;APPUoon'IF"""'INll.I1lOdlnllutedi " . .m8,Nrfo,E.w~J ._.___._....- "
Wells Fargo Insurance Services 'KINGSPOINTE MARINA, LLC.
Southeast, Inc.
3225 Aviation Blud. 5950 PENINSULA AVENUE
;KEY WEST, FL. 33040
Miami FL 33133 j
~,~....~-_.,- -. -~~.,... ..,- . "--- >-.--... ., ,~~ '.~- . --. .._,
_..~~ ~ --- ~_.._--. , \ ~E DATE I EXl'mA'(lON CATE COIPU\H
CODE: " s_u~ CODE: '----; 6/23/2007 i 6/23/200B Scottsdale Ins Co
~... -~.,--_._- '__U'-" ,_ '__.j___' ,....____L. .'___... ,..._____.._., ,,.. --- ..,.
AGSiCY CUSTOMER lD IPOUCYNUNBER: CFS01969?6
1--'" ...,--- - -- --...", ..., ,- ,- "". . ....' -" , ..- . -___-, "~'''h .,...~. ,-
ACCOUNT NUMBER:
~@1In, !ii~OO$~'~~t!l,;':\';,;: ~:~-~::;:f?tj~> ,;.: \.,..;:~~~~.~:.
PLEASE SEE SCHEDULE BELOW:
BUILDING:1 BOAT STORAGE $1,200,000 BPP $120,000 BPP (INC. RENTAL) $250,000
SUILDING~2 SERVICE OFFICE & STORAGE $ 380,000 BPI? $100,000 8PP (J:NC, RENTAL) $ 50,000
BUILDING:3 DOCKMASTER'S OFFICE $ 15,000 BPP $ 5,000
BUILDING:4 BATH HOUSE $ 100,000 BPE' $ 20,000
BUILDING;S TACKLE SHOP $ 150,000 BI?P $ 50,000
BUILDING:6 RESTAURANT .$ 850,000 BPP $100,000 BPP (INC. RENTAL) $ 80,000
BUILDING:? OFFICE $ 892,000
'-'
-
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--.- _.~._----~-
-
Q 2005-2006 ACCOUNT 47142-0060
OCCUPATIONAL TAX
M 0 N R OE STATE OF FLORIDA EXPIRES
SEPT. 30, 20
;ACIUTlES MUST BE OfSPLA YEO IN CONSPICUOUS PLACE
JR
vll\CHINES ROOMS SEAt$ EMPLOYEES 11-15
SUPPLEMENTAL
rYPE OF RENEWA.l .' it~
3USlNESS 47142 MARINAS & STORAGE NEW TAX ...,.-:fC>....;~~
TRANSFER ~~ S~S~
lUSINESS ORIGINAL TtJ:- ~;:;:w;:>
\ODRESS 5950 PENINSULA AVE :'\O~~. 80
- ~~="
00 - COU'NlY Of M&NRO~ COo <1;1.. -!
AMOUNT '. _......~, '.,
-lAME PENA~ TV ~;~~~ J5
"'AILING OCEANSIPE M'ARINA COlJ..ECTION COST ~ ~
\DDRESS KINGS POutre f'MtnNA LLC TOTAL .... ....
.... 5950 PENl r.,s,u,l A AVe: 80,
K~ '( WE ST . ,[, 3.3040
PP B527744
-
~~E~~~~:~~~A'I'EO OP..NISE I). HENfU~;,UEZ TAX COLLECTOR nus IS ONLY A TAX. YOU MUS
. . . PO BOX 11l9w KE WEST Fl 33041-1129 MBET ALL COUNTY AND/OR
M:UNICIPALlTY PLANNING AND
0000.000000 0000008000 0000471420060694 1001 1 ZONING REaUIREMErNTS.
----- --------
Gl 2005-2006 ACCOUNT
MONROE OCCUPATIONAL TAX 48210-00606
STATE OF FLORIDA EXPIRES
;ILlTlES SEPT. 30" 200,
MUST BE DISPLAYED IN CONSPICUOUS PLACE
:::HINES ROOMS SEA1'$ EMPLOYEES
SUPPLEMENfAt. ' " .
'E OF FleNEWM. ' , ' <',' f ~,
. . ,.;.;.j...
"NESS 4$210 RE T A'I L S:'~:~~$. NEWTAX ~...::,c:",;.=l:t:::
rR~SFEA .=:~... '.... -
)INES.S ORIGINAL t~'-.. ....~~:::
JAESS 59,50 PE~lJi$t)LJ:\~~E .;".~ 30-(
-on'
. --....
00 - CO' tHY ~f .J'mOE AMOllNT ~ . ;-~~
AE OCr; A'ffS I :OE' . {i!;ARl:!"I A' "., PENALTY ~::: ~ .::
LING COll.ECTlONMr"'l3i; ~
)RESS KIN:GS PQ~fi:r,€ ~AlHJA LLC TOTAL ~ ~
5950PErHN'sUU!. ' \IE 30. (
KEY WESTF{ 3304.0
pp 852,8744
~~;~~~~~I~ATE[) P.g,J1;SE p,.'HEl1n',t~UE~ TAX CJJLlE C TOR THIS rs ONLY A T-AX. Y(ll:,HIAUST
. p' e:tHc tl~9J ".>1.~V . ~EST f'L 33041-1129 IIKSf.1'-AJ.L CQ:UNTY ANti/OR
...... MUN1C.IPAt..ITY Pl-AtfNIN,G AND
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County of Monroe II ni MAY f ~f 2007 ill)]
II I :--- ;
I ~ ..o-____~.____~___' --_______--....,' -;
Growth Management Division :-' ,HE CRAIG GOMPAN\' i
L .____,p!f!'...YY.~~J,.:~_..__.., --'
Plan nine & Environmental Resources <I) Board of Countv Commissioners
DCIHlrtment ,.': ," _ ~:.~\ l. . -, Mayor Mario Di Gennaro, Dist. 4
2798 Overseas Highway, Suite 410 , " Mayor Pro Tem Dixie Spehar, Dist. I
Marathon, FL 33050 ~ :..... ,'. -' George Neugent, Dist. 2
Voice: (305) 289-2500 . ' Charles "Sonny" McCoy, Dist. 3
FA-X: (305) 289-2536 . . Sylvia 1. Murphy, Dist, 5
"~J
We strive to be cari1lg, professiollal alld fair
May 11, 2007
Donald Craig
The Craig Company
P.O. Box 970
Key Wesl, FL 33041
RE: Kings Pointe Marina, LLC, Amendment to a Major Conditional Use Application
Dear Mr. Craig:
-
Enclosed is a copy of Planning Commission Resolution P21-07 filed by Kings Pointe Marina, LLC, for an amendment \0 a major conditional
use permit; removing an existing maintenance, sales office & tackle shop (2,870 1(2), bath house (1,232 ft2), warehouse (9,600 ft2), dock
master building (660 ft2), and dry boat storage building (30,090 ft2); constructing thirty - two (32) new, attached market rate units for
vacation rental use; adding two (2) new boat barns (53,040 tr-), Eight (8) Wet slips, a retail shop! dock masters office and balt house
including shower facilities (2,625 ft2) intended for use by wet slip owners; constructing an outdoor bar addition (735 fl2), flood proof storage
(2,160 ft2) under the existing former restaurant building; providing for a gated entrance; providing for conditions; all on property as
described herein. The Chair signed the Resolution on May 9,2007, as a result of the Hearing held on April 11, 2007. This document has
also been transmitted to DCA for their review.
The Planning Department is required by the Monroe County Code to record all conditional use approvals after the 30-day appeal period has
expired. In your case, the appeal period will end on approximately June 8, 2007. Before the expiration of this period, you must send a
check to the Planning Coordinator in the amount of $69.50 payable to Danny L. Kolhage, Clerk of Circuit Court. and mail it to The Planning
.... Coordinator, 2798 Overseas Highway, Suite 410, Marathon, Florida, 33050-2227. The Planning Coordinator will then record the resolution
in the Clerk of the Court's office.
We do not record the resolution until the 3D-day appeal period is up for the proteclion of the applicant. If the Resolution was to be recorded
immediately upon approval, and an appeal modilled the resolution, a new resolution would have \0 be issued and recorded. The resulting
two properly recorded resolutions could complicate and cloud the property title.
-
Please be advised that a building permit must be issued by the Monroe County Building Department prior to commencement of any
development or construction, If you have any queslions, please do not hesitate to call me at 289.2522,
~~~d:--
Nicole Pe1rick
Planning Commission Coordinator
Enclosure
cc: Kings POinte, LLC
PLANNING COMMISSION RESOLUTION NO. P2]~07
A RESOLUTION BY THE MONROE COUNTY PLANNJNG
COMMISSION APPROVING THE REQUEST BY KINGS
POINTE MARINA, LLC, FOR AN AMENDMENT TO A
MAJOR CONDITIONAL USE PERMIT; REMOVING AN
EXISTING MAINTENANCE, SALES OFFICE & TACKLE
SHOP (2,870 FTZ), BATH HOUSE (1,232 F'P), WAREHOUSE
(9,600 FT2), DOCK MASTER BUILDING (660 FT2), AND
DRY BOAT STORAGE BUILDING (30,090 F'P);
CONSTRUCTING THIRTY - TWO (32) NEW, ATTACHED
MARKET RATE UNITS FOR V ACA TION RENTAL USE;
ADDmG TWO (2) NEW BOAT BARNS (53,040 FP), EIGHT -
(8) WET SLIPS, A RETAIL SHOP/ DOCK MASTERS OFFICE
AND BAIT HOUSE INCLUDING SHOWER FACILITIES
(2,625 FP) INTENDED FOR USE BY WET SLIP OWNERS;
CONSTRUCTING AN OUTDOOR BAR ADDITION (735
FT2), FLOOD PROOF STORAGE (2,]60 FT2) UNDER THE
EXlSTING FORMER RESTAURANT BUILDING ;
PROVIDING FOR A GATED ENTRANCE: PROVIDING FOR
CONDITIONS; ALL ON PROPERTY LEGALL Y
DESCRIBED AS LOTS 1,2, 3 & ADJ BAY BOTTOM,
SQUARE 60; PART LOTS 1,2,3 & ADJ BAY BOTTOM,
SQUARE 61 PART MALONEY AVE VACATED & FILLED
'-' BAY BOTTOM ADJACENT TO MALONEY AVE, & PART
ADJ PARCEL; VNlT ]-4, J-6, J-9, ]-] I, J-]2, & 5/52%
COMMON ELEMENTS OCEANSIDE EAST DRY STORAGE
CONDOMINIUM, STOCK ISLAl\TD, MONROE COUNTY,
FLORIDA HA VING REAL ESTATE NUMBERS -
00127420.000601 THROUGH 00127420.000675,
00127440.000100 THROUGH 00127440.002500,
00127420.000000, 00127420.000100 AND 00127430.000101
THROUGH 00127430.000211, AT APPROXIMATE MILE
MARKER 5.
WHEREAS, during a regularly scheduled public meeting held on April II, 2007, the
Monroe County Planning Commission conducted a review and consideration of the request filed
P2)-Q7 Page) or8
Kings Pointe Marina
Amendmenllo 3 Major Condilional Use
by Kings Pointe Marina LLC for an amendment to a major condifional use penni1 pursuant 10
Monroe County Code (MCC) 99.5-69; and
WHEREAS, the Applicant's predecessor in interest obtained a conditional use pennit for
this property pursuant to Planning Conunission Resolution P52-97 signed August] 8, 1999 for
the construction of twenty-two (22) attached pennanent market rate dwelling uruts; one (I)
swinuning pool; a 372 1F pool house; a 120 iF observation gazebo; a 22,000 fF boat storage
building; a 435 iF addition to an existing 225 tF dock master's office; a 1,670 ft2 addition to an
existing tackle shop and a 2,485 ft2 addition to an existing restaurant; and
WHEREAS, the Applicant is proposing to amend the Conditional Use in order to
REMOVE an existing maintenance, sales office & tackle shop (2,870 ft2), bath house (J ,232 ft2),
warehouse (9,600 iF), dock master building (6601\2), and dry boat storage building (30,090 ft2);
and CONSTRUCT thirty - two (32) new, auached market rate units for vacation rental use; add
two (2) new boat bams (53,040 tF), Eight (8) Wet slips, a retail! dock masters office and bait
house including shower facilities (2,625 ft2) intended for use by wet slip owners; an outdoor bar
addition (735 jt2); flood proof a storage area (2,160 tt2l under the existing vacant restaurant
building, privatize a new operational restaurant and provide a gated entrance; and -
WHEREAS, the subject property is located at 5970 Peninsular Avenue, Stock Island;
and
WHEREAS, the above described property is located in the Mixed Use (MU) land use
district and has the corresponding Mixed Use/Commercial (MC) future land use map
designation; and
WHEREAS, the item was heard at a regularly scheduled meeting of the Development
Review CommiUee on March 19,2007; and
---~~~ .c< .._
WHEREAS, the Planning Commission was presented with the following evidence,
'-' which by reference is hereby incorporated as part of the record of said hearing:
I) The Application for an Amendment to a Major Conditional Use received by the Monroe
County Planning and Environmental Resources Department, including the plans and
surveys listed in attachment A; -
2) The staff report prepared by Julianne Thomas, Planner dated April 2, 2007, with
auachments, said attaclunents including a Chapter 380 Agreement between Overseas
Redevelopment Company, Monroe County and the Florida Department of Community
Affairs, and a Memorandum dated March 10, 2007, to Andrew Trivette, Acting Director
of Growth Management from the County Attorney;
3) The sworn testimony of the Growth Management Division Staff;
4) The sworn testimony of the Applicant and Applicant's witnesses;
5) Sworn testimony by the public;
6) Exhibits provided by the Applicant; and
P21-07 Page 2 of8
Kings Pointe Marina
Amendment to a Major Conditional Ust'
WHEREAS, the Planning Commission heard argument and explanation from Tim
Koenig, attorney for tbe Applicant; and
WHEREAS, advice and counsel were provided by Susan Grimsley, Assistant Counly
Attorney and by John Wolfe, Attorney for the Planning Commission; and
WHEREAS, MCC ~ 9.5-65 provides the standards which are applicable to all
conditional use pennits which are as follows:
Sec. 9.5-65. Standards applicable to all conditional uses.
When considering applications for a conditional use pennit, the director of planning and the
planning commission shall consider the extent to which:
(a) The conditional use is consistent with the purposes, goals, objectives and standards oflhe
plan and this chapter;
(b) The conditional use is consistent with the community character of the immediate vicinity
of the parcel proposed for development;
(c) The design of the proposed development minimizes adverse effects, including visual
impacts, or the proposed use on adjacent properties; -
(d) The proposed use will have an adverse effect on the value of surrounding properties;
(e) The adequacy of public facilities and services, including but not limited to roadways, park
facilities, police and fire protection, hospital and Medicare services, disaster preparedness
program, drainage systems, refuse disposal, water and sewers. judged according to
standards from and specifically modified by the public facilities capital improvements
adopted in the annual report required by this chapter:
(1) The applicant for conditional use approval has the financial and teclmical capacity 10
complete the development as proposed and has made adequate legal provision to
guarantee the provision and development of any open space and other improvements
associated witb the proposed development;
(g) The development will adversely affect a known archaeological, historical or cultural
resource;
..... (h) Public access to public beaches and other waterfront areas is preserved as a part of the
proposed development; and
(i) The proposed use complies with all additional standards imposed on it by the particular
provision of this chapter authorizing such use and by all other applicable requirements of
the Monroe County Code. -
WHEREAS, the Planning Commission has detennined that the application meets the
standards required in MCC ~ 9.5-65by the design submitted and by the assignment of the
conditions of this resolution; and
WHEREAS, the Staff report recommends that any new development on the Kings Pointe
site incorporate appropriate noise reduction and protection methods.
WHEREAS, after consideration of the testimony and evidence presented, the Planning
Commission makes the following fmdings of Fact and Conclusions of Law:
P21-07 Page 3 ofB
Kings Pointe Marina
Amendment 10 a Major CondiliolUl] Use
--------------
}. The 32 ROGO units, including development rights, may be transferred according to tbe
tenns of the 380 Agreement from Overseas RedeveJopmen1 Company~ LLC to the Kings
Pointe project according to the terms of that Agreement, which allows transfer after a
building pemlit is issued for the Affordable Units to be built at Overseas Trailer Park,
This transfer will provide compliance for MCC g9.S-120 and g9.5-265.
2. Vacation Rental Use is allowed because it is not specifieally prohibited as it is in other
provisions of the MU zoning regulations, it can be regulated as part of this conditional
use process, and is therefore allowed pursuant to other terms and conditions as set forth in
the MCC governing vacation rentals. This finding brings the project into compliance
with MCC ~9.5-248,
3. The project is in compliance with Minimum Yards (MCC g9.S-28l) as a variance request
was approved to reduce the front yard setback from twenty-five (25) feet to twenty (20)
feet for 260 feet of the frontage along Peninsular Avenue as stated in PI arming
Commission Resolution Pl9-07.
4. The project is in compliance with Parking Standards (MCC ~9.5-352) because a variance -
request was approved reducing the nwnber of off-street parking spaces from 322 spaces
to 272 spaces and approving this request as stated in Planning Commission Resolution
P20-07 .
5, Pursuant to MCC ~9,5-354. the property is required to have two (2) 1 I' x 5.5' loading
and unloading zones.
6. Affordable housing criterja pursuant to MCC ~9.5-266 are met by the terms of the 380
Agreement requiring 49 units of Affordable Employee Housing to be built at property
commonly known as the Overseas Trailer Park, legally described as Lots ] -20, Maloney
Subdivision, Stock Island, Monroe County, Florida, having Real Estate Numbers:
c_' 00125350.000000 and 00125360.000100. according 10 the terms of the Agreement, over
riding any phasing requirements or simultaneous buj]ding at any location including Kings
Pointe for purposes of this application..
7. The conditional use does nol violate the Interim Development Ordinance concerning
working waterfronts because there is no further limitation on use by the public and -
therefore does not diminish public access nor result in the loss of working waterfront.
The restaurant has not been functional for several yean;, the boat ramp wjIJ be accessible
by the public, there will be some boal and trailer parking, gating wiJI be done for security
after work hours, and repair work may be done on site by mobile repair services,
8. Compliance with the following standards imposed on this conditional use application by
the Land Development Regulations pursuant to MCC ~9.5-65(i) will be determined by
the Building Department upon submittal for a building permit to the Building
Department:
P2 J -07 Page 4 of8
Kings Pointe Marina
Amendment to a Major CODdilional Use
1) Floodplain Management (MCC ~S9.5-3 1 6 & 3 J 7) ;
2) Outdoor lighting (MCC SS9.5-39l - 393);
3) Handicap Accessibility (Chapter 1], Florida Building Code);
4) Air Installation Compatible Use Zone (AICUZ) Building Requirements
required by the AJCUZ applicable at he time of the major conditional use
application.
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
MONROE COUNTY, FLORIDA;
Section 1. The request by Kings Pointe Marina LLC for an amendment to a major conditional
use permit for the following is APPROVED subject to the conditions in Section 2:
1. Removal of an existing maintenance, sales office & tackle shop (2,870 ft2), bath house (1,232
fP), warehouse (9,600 IF), dock master building (660 iF), and dry boat storage building (30,090
fP).
2. Construction of thirty - two (32) new, attached market rate units for vacation rental use; -
addition of two (2) new boat bams (53,040 fF), Eight (8) Wet slips, a retail shopl dock masters
office and bait house including shower facilities (2,625 1\2) intended for use by wet slip owners;
an outdoor bar addition (735 ft2), flood proof storage (2,] 60 ft2) under the existing restaurant and
a gated entrance.
Section 2. The Approval is SUBJECT TO THE FOLLOWING CONDITIONS:
l. If the site is gated, the following conditions shall be met:
a. The gate shall be open, at a minimum, one (1) hour prior to
sunrise and stay open until (I) hour past sunset to provide
for public access;
,.' b. There shall be a number posted on the outside of the gate
providing a number to call if the gate is not open;
c. The gate shall comply with an standards and requirements
of the Fire Marshal and other public safety interests;
-
2. Prior to issuance of a building permit, a signed and sealed site plan
resolving the following issues is required:
d. The site plan shall show the two (2) 1 ] , X 55' loading and
unloading spaces for the nonresidential uses;
e. The site plan shall confonn to the decisions of the Planning
Commission with regard to the parking and front yard
variances as determined in P19-07 and P20.07;
f The following requests of the County's traffic engineer
shan be met: to show the design maneuverability through
the site and at the project driveway and to show clear site
visibility details at the access driveways;
P2J-07 Page5of8
Kings Painte MlIrinlI
Arnendmenll0 1I Mnjor Conditional Use
g. A building pennit for dwelling unhs at the Overseas Trailer
Park pursuant to the ORC 380 agreement shall be obtained
and provided to the Sr. Director of Planning &
Envirorunental Resources before the issuance of building
pennits for the residential units may be permitted at Kings
Pointe;
h. The proposed western access drive and curb cuts shaH
receive approval from the County Engineer;
i. Compliance by the following agencies and corresponding
Sections of Code:
I. County Engineer shall detennine compliance with
MCC ~ 9.5~293;
11. The Florida Department of Health and the Key
West Resort Utility (KWRU) shall determine
compliance with ~ 9.5-294;
iii. Fire Marshal shall detennine compliance with ~9.5-
69;
j. Boat Storage Buildings are limited to storage of boats; -
k. The portion of boat barn floor area that does not exceed
50% of the site's net buildable area is not governed by
NROGO and shall not be eligible for offsite transfer if the
boat barn is demolished or removed at a future date unless
the floor area meets the criteria of a sender site pursuant to
MCC ~9.5-124.3(a)(10)a,;
1. The flood plain management standards shall be met;
m. The site plan shall demonstrate that the energy and
conservation standards have been met including showing
where bicycle racks and scooter spaces will be placed on
site;
n. The outdoor lighting and applicable AICUZ standards in
,.' effect at the time of the application for major conditional
use shall be met.
3. Prior to the issuance of anv C.O., the marina pump out faciHty shall be
upgraded to comply with current standards. -
4. The applicant shall provide a water quality monitoring system for the
adjacent water body for a period of five (5) years after the completion of
the development per MCC ~ 9.5-349.
PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a regularly
meeting held on the) Ilh day of April, 2007.
P21-07 Page 6 of8
Kings Poinlc Marina
Amendmenl to a Major Conditional Use
--
Chair Cameron Yes
Vice Chair Wall Yes
Commissioner Cates-Deal Yes
Commissioner Popham No
Commissioner Windle Absent
PLANNING COMMISSION OF
::NR~
- es D. Cameron, ChaIT
Signed this 9711 day of "itar ' 2007
-
BY
,-'
-
P2 (.07 Page 7 of8
Kings Pointe Marinn
Amendment to a Major Conditional Use
.
Attachment A: PLANS REVIE\VED
), Boundary survey by R.E. Reese, dated 2-23-07, revised 3-12-07, received 3-] 2-07
2. Site plan by WLW/LBR, Sheet S-], dated 8/2]/2006, revised] -26-07, received 1-3]-
07, signed & sealed] -26-07
3, Townhomes Site plan by WLWILBR, Sheet S-2, dated 8/2]/2006, revised 1-26-07
received 1-31-07, signed & sealed] -26-07
4. Townhomes Site plan by WLWILBR, Sheet S-3, dated 8/2]/2006, revised ]-26-07
received] -3] -07, signed & sealed 1-26-07
5, Building H, Peninsular Townhouses, 16 units, Sheet A-2, Typical Pod Plans, by Peter
M. Pike dated J-24-07
6. Building H, Peninsular Townhouses, 16 units, Sheet A-3, Partial Elevations, by Peter
M. Pike dated )-24-07
7. Building "e" Cove Side South 4 Units. No Sheet Number, by Peter M. Pike date<! J-
24-07
8. Building "C" Cove Side East, 4 Units, No Sheet Number, by Peter M. Pike dated ]-
24-07 -
9, Building M, Marina Townhouses, 8 units, No Sheet Number, by Peter M. Pike dated
] -24-07
10. Sailfish Club, Ground Foundation Plan, Sheet A-2, by Peter M. Pike dated ]-22-07
] I. Sailfish Club, Electrical Plan, Sheet E-1, by Peter M. Pike dated] -22-07
] 2, Barn "A" Floor Plan, Sheet A-2, by Peter M. Pike dated 10-] 4-06
13. Barn "B" Floor Plan, Sheet A-3, by Peter M. Pike dated] 0-14-06
14. Office Floor Plan, Sheet A-4, by Peter M. Pike dated] 0-14-06
15. Office Floor Plan, Sheet A-5, by Peter M. pjke dated 10-14-06
16. Office Elevation, Sheet A-6, by Peter M. Pike dated 10-14-06
] 7. Elevations, Boat Barn A. Sheet A~ 7, by Peter M. Pike dated 10-]4-06
] 8, Elevations, Boat Barn B, Sheet A-8, by Peter M. Pike dated 10-14-06
] 9. Entry Site Plan, Sheet 8-4, by WL W /LBR, dated 8/21/2006, revised ] -26-07,
'-' received 1-31-07
20. Entry Elevation, Sheet 8-5, by WLWILBR, dated 8/21/2006, revised 1-26-07,
received )-3].07
21. Landscape Plan, Sheet L-], by WL W ILBR, dated 8/2] /2006, revised 1-26-07,
received ] - 31-07 -
P21-07 Page 80f8
Kings Poinre Marina
Amendmenl to a Major Conditional Use
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