01/19/2011 Development AgreementDOCK 1821966 01/27/2011 1:24PM
Filed i Recorded in Official Records of
MONROE COUNTY DANNY L. KOLNAGE
RESOLUTION NO. 032 -2011
A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVING A DEVELOPMENT AGREEMENT
BETWEEN BANYAN GROVE DEVELOPMENT CORPORATION
(SPOTTSWOOD PARTNERS, INC.) AND MONROE COUNTY TO ALLOW
THE PROPERTY OWNER TO TRANSFER MARKET -RATE RATE OF
GROWTH ORDINANCE (ROGO) EXEMPTIONS ASSOCIATED WITH 51
PREVIOUSLY EXISTING, LAWFULLY ESTABLISHED DWELLING UNITS
TO ANOTHER RECEIVER SITE OR SITES (3 TO MONROE COUNTY) IN
EXCHANGE FOR MAINTAINING FORTY-EIGHT(48) AFFORDABLE
DWELLING UNITS ON THE SUBJECT PROPERTY, AKA SENDER SITE,
WHICH IS DESCRIBED AS SQUARE 29 AND BLOCK 26, LOTS 5-16, PART
LOT 4, PART LOT 17, MALONEY SUBDIVISION (PB1-55), ALSO KNOWN
AS PARCELS A AND B; A VACATED PORTION OF EAST LAUREL
AVENUE; AND A VACATED PORTION OF FOURTH STREET, STOCK
ISLAND, MONROE COUNTY, FLORIDA LOCATED AT APPROXIMATELY
MM 4.7 US HIGHWAY 1, AND HAVING REAL ESTATE NO.
00124140.000000.
WHEREAS, Spottswood partners, Inc., through a subsidiary company, Banyan Grove
Development Corporation, and its agent Donald L. Craig, AICP has applied for a development
agreement with Monroe County pursuant to F.S. 163.3220 Florida Statutes and in accordance
with § 110-132 and § 110-133 of the Monroe County Code; and
WHEREAS, the subject property is located along the Overseas Highway (US 1)
approximate mile marker 4.7, and MacDonald Avenue, Stock Island, and is further described in
the development agreement and survey attached to the agreement, having Real Estate No.
00124140.000000; and
WHEREAS, the development agreement is required as part of an affordable housing
incentive program as set forth in MCC § 130-161.1; and
WHEREAS, the intent of this program is to establish an appropriate incentive for mobile
home park owners to maintain mobile home park sites, mobile home developments in Urban
Residential Mobile Home (URM) and Urban Residential Mobile Home Limited (URM-L)
districts, and contiguous parcels under common
of the foregoing is presently sownership containing mobile homes where any
erving as a prim
County (any of the foregoing being an "eligibles senderes tea t. bo pro p
housing a Monroe
lternative
development strategy to straightforward market -rate redevelopmenThis rogravidingmains intended to -rate ROGO exemptions associated with lawfully established
allow the transfer of market
dwelling units now existing at an eligible sender site to be transferred to another site or sites in
exchange for maintaining an equal or greater number of deed -restricted affordable dwelling units
within Monroe County. This program seeks to address the housing needs of the Florida Keys as
a regional obligation; and
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WHEREAS, the development agreement would allow the property owner to transfer
market -rate Rate of Growth Ordinance (ROGO) exemptions associated with 51 previous]
existing, lawfully established dwelling units to. another receiver site or sites in exchange for
maintaining forty-eight (48) deed -restricted affordable dwelling units on the subject property
with three (3) market rate units being transferred to Monroe County for P y
beneficial use; and tY administrative relief or
WHEREAS, Pertaining to the development of the subject prop,
sender site, the applicant also requested a major deviation in order toeviise themajor conditional
use permit and associated site plan approved by Planning Commission Resolution #P32-05. The
revised site plan includes an increase in the number of dwelling units
units. In addition, the 46 dwelling units were previously approved from 46 to 48 dwelling
to be market -rate; and
WHEREAS, to the point of the Planning Commission public hearing, the development
agreement application was processed and reviewed concurrently with the major deviation
application which was approved by the planning Commission on December 14, 2010; and
WHEREAS, during a regularly scheduled
the Monroe County planning Commission public meeting held on December 14, 2010 conducted a public hearing as the first of two r
public hearings for the Development Agreement; and required
WHEREAS, based upon the information and documentation submitted, the BOCC
makes the following findings of fact:
1. The subject property is located in a Mixed Use (MU) land use district; and
2. The subject property has a Future Land Use Map (FLUM) designation of Mixed Use /
Commercial (MC); and
3. The subject property has a tier designation of Tier 3; and
4. Development Order #02-1989 was approved b
The development order approved a y the Director s Planning in 1989.
redevelopment of 51 market -rate dwellingminor conditional use permit for the
units, in the form of mobile homes; and
5. Resolution #070-1997 was approved by the 13OCC in 1997.
resolution as evidence of its approval of the Orders of the Vested Rigadopted
ts Hearin e
Officers, promulgated pursuant to a Vested Rights He
1996; and aring held on November 21,
6. Resolution #P32-05 was approved b
resolution approved an Y the Planning Commission in 2005. I'he
construction of 46 market -rate dwellingto a units on subjectiouse
permit for the
property; and
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7. Resolution #P24-08 was approved by the Planning Commission in 2008. The
resolution approved a time extension and provided a new expiration date of April 27,
2009 to the major conditional use permit approved under Resolution #P32-05; and
8. In 2009, the applicant applied for a major conditional use permit to construct a
commercial retail building consisting of 14,129 SF non-residential floor area and 7
market -rate dwelling units. The application was reviewed by the Development
Review Committee on August 18, 2009; however was never scheduled for a public
hearing by the Planning Commission. The applicant subsequently withdrew the
application in order to proceed with a modification to the approval granted by
Resolution #P32-05; and
9. The extended expiration date approved by Resolution #P24-08 passed and the project
approved by Resolution #P32-05 was deemed null and void. However, Florida S.B.
360 allowed the expiration date for the project to be extended even if though its
approved timeframe had expired; and
10. On October 13, 2009, the applicant applied for a Florida S.B. 360 time extension to
the project approved by Resolution #P32-05. On May 25, 2010, a time extension was
granted and a new expiration date of April 27, 2011 was provided to acquire all
required certificates of occupancy; and
11. On July 16, 2010, the applicant applied for a Florida H.B. 1752 time extension to the
project approved by Resolution #P32-05. On September 10, 2010, a time extension
was granted and a new expiration date of April 27, 2013 was provided to acquire all
required certificates of occupancy; and
12. On November 30, 2010, the development agreement and major deviation applications
were reviewed by the Development Review Committee; and
13. The Monroe County Board of County Commissioners shall have authority to enter
into a development agreement by resolution with any person having a legal or
equitable interest in real property located within the unincorporated area of Monroe
County if the development agreement meets all of the requirements of the Florida
Local Government Development Agreement Act, section 163.3220-163.3243, Florida
Statutes; provided, however, that the duration of the development agreement shall not
exceed 10 years, and any duration specified in a development agreement shall
supersede any conflicting duration otherwise specified in the land development
regulations; and
14. Development shall not be inconsistent with the Monroe County Year 2010
Comprehensive Plan; and
15. Development on Stock Island shall not be inconsistent with the Master Plan for the
Future Development of Stock Island and Key Haven, also known as the Stock
Island/Key Haven CommuniKeys Plan; and
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16. Development shall not be inconsistent with the Principles for Guiding Development
in the Florida Keys Area of Critical State Concern; and
WHEREAS, based upon the information and documentation submitted, the Monroe
County Board of County Commissioners makes the following Conclusions of Law:
The request is consistent with the provisions and intent of the Land Development
Code of the Monroe County Code; and
2. The request is consistent with the provisions and intent of the Monroe County Year
2010 Comprehensive Plan; and
3. The request is consistent with the provisions and intent of the Master Plan for the
Future Development of Stock Island and Key Haven, also known as the Stock
Island/Key Haven CommuniKeys Plan; and
4. The request is not inconsistent with any of the Principles for Guiding Development in
the Florida Keys Area of Critical State Concern;
NOW THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS that the Development Agreement between Banyan Grove
Development Corporation (Spottswood Partners, Inc.) and Monroe County is hereby approved.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 19th day of January, 2011.
Mayor Heather Carruthers
Mayor pro tem David Rice
Commissioner Kim Wigington
Commissioner George Neugent
r^mmissioner Sylvia Murphy
Yes
Yes
Yes
Yes
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE CO Y, RIDA
BY:!��7
Mayor H th C thers
A'I-YEST-DANnNY L. KOLHAGE, CLERK
(.' .
&A�a�-
Deputy Clerk
Banyan Grove Resolution BOCC 1/19/11
MONROE COUNTY
OFFICIAL RECORDS
MO ED A ORNEY
APPF EO A TO ORM
2
Date: 44—
Doc# 1821967 01/27/2011 1.24PM
Filed & Recorded in Official Records of
MONROE COUNTY DANNY L. KOLHAGE
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into on the
9_day of Jain ua, r y 2011, by and between MONROE COUNTY, a political
subdivision of the State of Florida ("Monroe County"), and Banyan Grove Development
Corporation, a subsidiary of Spottswood Partners, Inc. ("Spottswood").
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The Parties hereto (the "Parties") hereby agree as follows:
I. RECITALS
A. Banyan Grove Development Corporation, a subsidiary of Spottswood Partners,
Inc. owns a parcel of land known as `Banyan Grove" located on Stock Island, adjacent to Key
West, Monroe County, Florida, at mile marker 5 of US Highway 1 fronting on MacDonald
Avenue and US Highway 1, with access to and from the site from MacDonald Avenue (the
"Property"), the legal description of which is contained in Exhibit A — Survey of the Banyan
Grove Property, attached hereto and made a part hereof (the "Survey").
B. Spottswood has the authority to enter into this Agreement through Florida
Statutes Chapter 163 and the sole and undivided ownership of the Property.
C. The Monroe County Year 2010 Comprehensive Plan (the "Comprehensive Plan")
designates all the parcels of the Property as "Mixed Use/Commercial" on its Future Land Use
Map. The County Land Use District map designation for the Property is " Mixed Use" (MU).
D. Historically, the Property was used as a Mobile Home Park with 51 Residential
Rate of Growth Ordinance (ROGO) exemptions for permanent dwelling units recognized by
Monroe County in its Development Order 02-1989, later reaffirmed in Planning Commission
Resolutions PO4-03, attached hereto as Exhibit B, and P32-05. Resolution PO4-03 also
recognized 14, 219 square feet of Non Residential Rate of Growth Ordinance (NROGO) exempt
non-residential floor area as vested to the site.
E. Monroe County Planning Commission Resolution P32-05 has been determined by
Monroe County in correspondence dated September 10, 2010, attached hereto as Exhibit C, to be
in full force and effect until April 27, 2013 unless otherwise extended. Resolution P32-05
authorizes the development of 46 market rate permanent dwelling units and accessory uses on
the Property.
F. The conceptual site plan, which illustrates the development of the Property for
affordable housing, is attached hereto as Exhibit D.
G. Section 130-161.1 of the Monroe County Land Development Regulations ("Land
Development Regulations") encourages the redevelopment of mobile home sites and contiguous
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property under common ownership to encourage the establishment/preservation of affordable
housing in exchange for the ability to transfer an equal or lesser number of market rate
permanent residential unit ROGO exemptions off site to eligible receiver sites.
H. Section 163.3220, Florida Statutes, authorizes Monroe County to enter into
agreements with landowners and/or governmental agencies to encourage a stronger commitment
to comprehensive and capital facilities planning, ensure the provision of adequate public
facilities for development, encourage the efficient use of resources, and reduce the economic cost
of development.
I. This Agreement, among other things, is intended to and shall constitute a
development agreement among the Parties pursuant to the Florida Local Government
Development Agreement Act, Section 163.3223, et seq., Florida Statutes (the "Act").
J. Both Monroe County and Spottswood recognize that the public noticing and
hearing procedures shall follow the requirements of F.S. 163.3225, which require public hearings
before the Planning Commission and the Board of County Commissioners for consideration of a
development agreement.
K. Monroe County finds that entering into this Agreement furthers the purposes,
goals, objectives, and policies of the Comprehensive Plan which contains objectives and policies
that seek to encourage the provision of affordable housing through incentive programs and
changes to the Land Development Regulations and the residential dwelling permit allocation
system. (Objective 601.2, Policy 601.1.12 and Objective 601.6).
II. PURPOSE
The overall purpose of this Agreement is to allow the County and Spottswood to
implement the provisions of Monroe County Code Section 130-161.1 as applied to the Property
in order to supply needed affordable housing in the unincorporated Lower Keys and to allow for
a reasonable use of the Property by allowing the transfer of market rate permanent residential
ROGO exemptions lawfully associated with the Property to eligible receiver sites in the
unincorporated Lower Keys.
III. AGREEMENT REQUIREMENTS
The Parties recognize the binding effect of Sections 163.3220-163.3243, Florida Statutes,
as to the form and content of this Agreement and in accordance therewith set forth and agree to
the following:
A. Legal Description and Ownership. The legal description for the Property subject
to this Agreement is set forth in Exhibit A.
B. Duration of Agreement. This Agreement shall remain in effect for ten (10)
years from the "Effective Date" as defined herein, and may be extended by
mutual consent of the Parties and approval at a public hearing, in accordance with
Florida Statutes Section 163.3229 (2007). For the duration of this Agreement, the
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Parties agree that any development shall comply with and be controlled by this
Agreement, the Monroe County Code, and the Monroe County Comprehensive
Plan governing the development of the land in effect on the date of execution of
this Agreement, in accordance with Section 163.3220, Florida Statutes.
C. Permitted Uses.
1. In accordance with this Agreement and with the Mixed Use (MU) Land
Use district, the permitted uses for Property include: forty eight (48) two
and three -bedroom affordable housing units, accessory recreational uses, a
minimum of 72 parking spaces, and an 800 square foot project
management office which will be a portion of the one unit rented to the
manager of the project.
2. The unit density of the Property is 20 units per gross acre. While this
density is representative of the existing residential entitlements recognized
as per Monroe County Development Order 02-1989 and is in excess of the
18 units per buildable acre maximum allowed by the current Land
Development Regulations, the density of lawful dwelling units is not
considered nonconforming in accordance with Section 130-163 of the
Monroe County Code. Specifically, this section states "Notwithstanding
the provisions of sections 130-157, 130-158, and 130-162, the owners of
land upon which a lawfully established dwelling unit, mobile home, or
transient residential unit exists shall be entitled to one dwelling unit for
each type of dwelling unit in existence before January 4, 1996. Such
legally -established dwelling unit shall not be considered as a
nonconforming use".
D. Public Facilities. There are no impacts on public facilities, since the number of
lawfully approved units is derived from pre-existing mobile homes and
commercial floor area is not increased by approval and application of this
Agreement. The number of units and the commercial floor area were recognized
in the planning for the sewage treatment plant serving this area of Stock Island
and the units and floor area were accounted for as existing in the data base
prepared for the Monroe County 2010 Comprehensive Plan.
1. The Florida Keys Aqueduct Authority provides domestic potable water to
the Property. The Florida Keys Aqueduct Authority will individually
meter each unit.
2. Electric service is provided by Keys Energy Services to the Property, and
each unit will be individually metered.
3. Solid waste service is provided to the Property by a solid waste collection
system franchised by Monroe County.
4. The Property will connect to central sewer via the Key West Resort
Utilities system available to Stock Island properties.
E. Reservation or Dedication of Land. There is no reservation or dedication of
land for public purpose contemplated by this Agreement.
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F. Development Allowed. The following specific criteria are those which will guide
the development of the Property and are the standards by which any further
approvals shall be measured and shall be as follows:
1. To allow Spottswood to design and construct 48 two and three -bedroom
affordable housing units, associated accessory uses and an office to serve
only the residents on the Property subject to and only after obtaining
approval from Monroe County of a major deviation to the existing
unexpired major conditional use approval stipulated in Monroe County
Planning Commission Resolution P32-05, as extended by Resolution
P24-08 and Florida S.B. 360 and H.B. 1752 applications. The design
shall be of a height as defined in the Monroe County Code of no greater
than 35 feet.
2. To allow Spottswood to transfer 48 market rate permanent residential
ROGO exemptions to one or more individual single-family lots in the
unincorporated Lower Keys. A minor conditional use permit shall be
required for each receiver site. If a receiver site receives multiple ROGO
exemptions, only a single minor conditional use permit shall be required.
The Growth Management Division of Monroe County shall track the
transfer of all ROGO exemptions by the assignment of unique tracking
numbers, which shall be assigned as each receiver site is identified and
approved.
3. To allow Spottswood to transfer to one or more appropriately zoned
locations in the Lower Keys all or portions of the 14,219 square feet of
NROGO exemptions recognized by Monroe County Planning
Commission Development Order 02-1989, later re -affirmed in Planning
Commission Resolutions PO4-03 and P32-05, subject to current
regulations pertaining to off -site transfer of non-residential floor area and
eligible receiver sites and at a minimum each transfer shall be
documented with a minor conditional use permit for each receiver site.
4. To give without further process to Monroe County the three remaining of
the 51 market rate residential ROGO exemptions on the Property
recognized by Monroe County Resolutions PO4-03 and P32-05, at the
time of issuance of the certificates of occupancy for all of the affordable
units on the Property for use in administrative relief or beneficial use
determinations.
5. To allow Spottswood to obtain 48 affordable ROGO allocations from
Monroe County from existing and/or future allocations of affordable
ROGO allocations in order to build the 48 units in one phase -with
construction complete not later than the end of 2014.
6. To allow Spottswood to allocate all of the 48 units to be constructed to
allow rental use only of the units for the very low and low income
categories identified in Section 130-161.1(2)(c)(i)(4) with a qualifying
income not to exceed 60% of the Monroe County median income rather
than allocating any units to the median and moderate income categories
as may be allowed by the Monroe County Board of County
Commissioners as per the subsection listed above.
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7. Eligible Building Permit fees charged at the time of permitting shall be
waived for the construction of the affordable housing.
8. To allow Spottswood to obtain from Monroe County a waiver of impact
fees for the 48 affordable housing units as allowed by Section 130-
160.1(5) a in recognition that the 51 residential dwelling unit ROGO
exemptions derived from pre-existing units long in place before the
Monroe County impact fees ordinance became effective in 1986.
G. Development and Affordable Housing Standards. The development standards
shall be determined by the application of the standards contained in the Monroe
County Land Development Regulations as determined by the approval of a
deviation to the existing major conditional use for the Property and by the
granting of the minor conditional use permits for the transfer of ROGO
allocations and exemptions to and from the Property as required by Monroe
County Code section 130-161.1. Further, the following specific standards shall
apply to the development of the affordable housing units on the Property and to
the units enabled by the transfer of the market rate ROGO exemptions, however
the County and Spottswood recognize that no housing for sale shall be provided
on the Property; all affordable units shall be for rental only. Rentals shall be only
to those persons at the low and very low income levels making not more than
60% of the median income for Monroe County.
1. No market rate ROGO exemptions for transfer offsite shall be awarded
until an affordable housing ROGO allocation is awarded to the sender
site and certificates of occupancy are received for the corresponding
number of deed restricted affordable units constructed on the Property.
2. If Spottswood has not transferred the entire market rate ROGO
exemptions offsite by the termination or expiration of this Agreement, all
such remaining un-transferred market rate ROGO exemptions shall
become the property of Monroe County to be utilized for the purpose of
administrative relief.
3. Monroe County impact fees for dwelling units built with the ROGO
exemptions transferred from the property shall not be waived.
4. Tourist housing use or vacation rental use of the affordable housing units
established on the Property shall not be allowed.
5. All of the redeveloped housing units transferred to a receiver site shall:
a. Remain in the same planning sub -district as the original sender site(s).
b. Be located in a Tier III designated area.
c. Not propose clearing of any portion of an upland native habitat patch
of one acre or greater in size.
d. Not be located in a velocity (V) zone.
6. All units maintained at the sender site under this Development
Agreement and the Monroe County Affordable housing incentive
program shall comply with the following affordability criteria:
a. Rental Affordable Housing Units. Rents of sender site units, not
including utilities, and income limits for resulting deed restricted
affordable dwelling units shall follow:
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7
8.
9.
i Very Low Income. Represents 28% of the median income; or
ii. Low Income. Represents 60% of the median income; or
iii. Definitions follow:
(a) Median income, rental rates, and qualifying income
tables means eligibility requirements compiled each
year by the planning department based upon the median
annual household income published for the county on
an annual basis by the U.S. Department of Housing and
Urban Development and similar information for median
and moderate income levels from the Florida Housing
Finance Corporation. Affordable housing eligibility
requirements for each household will be based upon
median annual household income adjusted by family
size, as set forth by the U.S. Department of Housing
and Urban Development and the Florida Housing
Finance Corporation. The county shall rely upon this
information to determine maximum rental rates and
maximum household incomes eligible for affordable
housing rental or purchase.
(b) Monthly median household income means the median
annual household income for the county divided by 12.
iv. The monthly rental amounts shall be in compliance with the
Low Income Housing Tax Credit (LIHTC) maximum rental rates.
At the time of a new rental for an affordable unit, the total income of
households eligible to rent shall not exceed the same income limits of the
category in which they were originally awarded.
All units designated by this development agreement as deed restricted
affordable housing shall comply with hurricane standards established by
the Florida Building Code and habitability standards established under
the Florida Landlord and Tenant Act. Compliance with this provision
shall be accomplished prior to the issuance of a building permit for the
transferred market rate ROGO exemption and after the deed restricted
affordable housing unit is fully restricted and in compliance with this
provision.
Not more than 50% of the existing affordable housing allocations
currently available in the County shall be used for affordable housing
allocations at the Property, unless approved by the Board of County
Commissioners (BOCC). For the County to monitor receipt of the
affordable housing ROGO allocations, Spottswood and the County agree
that the BOCC may approve the allocation reservation by resolution
concurrent with this development agreement. The resolution and any
other resolutions concerning ROGO reservations shall be the controlling
documents concerning the allocation reservations and supersede any
provisions of this Agreement. It is intended that the initial Resolution be
consistent with Section 138-24 of the Monroe County Code as follows:
a. Reservation criteria of affordable housing allocations.
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h
i. The BOCC reserves 48 affordable ROGO allocations for
award to Spottswood for the use on the Property until
February 1, 2012.
ii. Building permits for the affordable units shall be obtained by
February 1, 2012.
iii. The Board of County Commissioners may, at its discretion,
place conditions on any reservation as it deems appropriate.
These reservations may be authorized by the Board of County
Commissioners for affordable units participating in the
Florida State Housing Financing Agency tax credit program or
using other public financing vehicles.
b. Relinquishment of affordable housing ROGO allocations.
If Spottswood does not comply with reservation and construction
deadline criteria within this Agreement or in the ROGO allocation
reservation resolution(s), it shall forfeit the affordable housing ROGO
allocation awards and the affordable ROGO allocation awards shall
be cycled back through the ROGO system for award to an alternate
recipient.
c. Nothing herein shall prohibit Spottswood from applying for an
extension to the ROGO allocation Reservation, but the County is not
obligated under any circumstances to give such extension.
H. Finding of Consistency. By entering into this Agreement, Monroe County finds
that the development permitted or proposed herein is consistent with and furthers
Monroe County's Comprehensive Plan and Land Development Regulations.
I. Affordable Housing Deed Restriction and Length. This Agreement is and
hereby constitutes a deed restriction on the Property for a period of not less than
ninety-nine (99) years for affordable housing units for the income limits as
prescribed above. At the County's request, Spottswood shall file an additional
deed restriction in the format and as approved by the Planning Director and
County Attorney.
J. Breach, Amendment, Enforcement, and Termination.
1. Material Breach. A material breach by Spottswood occurs if all 48 units of
affordable housing are not built and in receipt of a certificate of
occupancy. A material breach by Monroe County occurs upon Monroe
County's failure to comply with the terms of this Agreement after Notice
as provided in following Subsection III.J.2.
2. Notice. Upon either Party's material breach of the terms and conditions of this
Agreement, the other parry shall serve written notice on and shall provide
the opportunity, within ninety (90) days, to propose a method of fulfilling
the Agreement's terms and conditions or curing the breach. Both Parties
shall be provided an additional 90 days to cure the material breach or to
negotiate an amendment to this Agreement within a reasonable time, as
mutually agreed to by the Parties.
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3. Amendment or Termination. The Parties hereto shall at all times adhere to the
terms and conditions of this Agreement. Amendment, termination,
extension, or revocation of this Agreement shall be made in accordance
with the notification and procedural requirements set forth herein.
a. Amendments to this Agreement shall subject Spottswood to the laws
and policies in effect at the time of the amendment only if the
conditions of Section 163.3233(2), Florida Statutes, are met.
b. No modifications, extensions, amendments, or alterations of the terms
or conditions contained herein shall be effective unless contained in a
written document approved and executed by Monroe County and
Spottswood.
c. Amendment, extension or termination shall require at least two (2)
public hearings. The hearings shall be held pursuant to an application
filed with Monroe County by the Party seeking to amend or terminate
this Agreement, along with the requisite filing fee. Notice of public
hearing shall be in accordance with Monroe County Ordinances and
Florida Statutes.
4. Enforcement.
a. After notice and an opportunity to respond and/or cure the material
breach as provided for below. In addition, Monroe County may utilize
appropriate code enforcement remedies to cure any breach after
notice and an opportunity to cure as provided herein.
b. Monroe County, Spottswood, their successors or assigns, or any
aggrieved or any adversely affected person as defined in Section
163.3215(2), Florida Statutes, may file an action for injunctive relief
in the Circuit Court of Monroe County to enforce the terms of this
Agreement or to challenge compliance with the provisions of
Sections 163.3243, Florida Statutes.
c. Nothing contained herein shall limit any other powers, rights, or
remedies that either party has, or may have in the future, to enforce
the terms of this Agreement.
K. State and Federal Law. If State or Federal laws enacted after the effective date
of this Agreement preclude either Party's compliance with the terms of this
Agreement, this Agreement shall be modified as is necessary to comply with the
relevant State or Federal laws.
L. Compliance with Other Laws. The failure of this Agreement to address a
particular permit, condition, term, or restriction shall not relieve Spotswood of the
necessity of complying with the laws governing said permitting requirements,
conditions, terms or restrictions.
M. Reservation of Rights. This Agreement shall not affect any rights, which may
have accrued to any party to this Agreement under applicable law. Both Monroe
County and Spottswood reserve any and all such rights. All approvals referenced
in this Agreement are subordinate to compliance with all applicable laws, codes,
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and land development regulations and permits, except to the extent otherwise
provided for in this Agreement.
N. No Permit. This Agreement is not and shall not be construed as a Development
Permit, Development Approval or authorization to commence development, nor
shall it relieve Spottswood of the obligations to obtain necessary Development
Approvals that are required under applicable law and under and pursuant to the
terms of this Agreement and Monroe County Code.
O. Good Faith; Further Assurances; No Cost. The Parties to this Agreement have
negotiated in good faith. It is the intent and agreement of the Parties that they
shall cooperate with each other in good faith to effectuate the purposes and intent
of, and to satisfy their obligations under, this Agreement in order to secure to
themselves the mutual benefits created under this Agreement. The Parties agree
to execute such further documents as may be reasonably necessary to effectuate
the provisions of this Agreement; provided that the foregoing shall in no way be
deemed to inhibit, restrict or require the exercise of Monroe County's police
power or actions of Monroe County when acting in a quasi-judicial capacity.
Wherever in this Agreement a provision requires cooperation, good faith or
similar effort to be undertaken at no cost to a party, the party co-operating,
reviewing or undertaking the effort shall, nonetheless, bear its cost of attendance
at meetings, hearings or proceedings and comment and/or execution of
documents, inclusive of the expense of its counsel.
P. Successors and Assigns. This Agreement shall constitute a covenant running
with the land, which shall be binding upon the Parties hereto, their successors in
interest, heirs, assigns, and personal representatives.
Q. Joint Preparation. This Agreement has been drafted with the participation of
Monroe County and Spottswood and their counsel, and shall not be construed
against any party on account of draftsmanship. The captions of each article,
section and subsection contained in this Agreement are for ease of reference only
and shall not affect the interpretational meaning of this Agreement. Whenever the
term "included" is used in this Agreement, it shall mean that the included items,
or terms are included without limitation as to any other items or terms, which may
fall within the listed category.
R. Notices. All notices, demands, requests, or replies provided for or permitted by
this Agreement shall be in writing and may be delivered by any one of the
following methods: (a) by personal delivery; (b) by deposit with the United States
Postal Service as Certified or Registered mail, return receipt requested, postage
prepaid, to the addresses stated below; or (c) by deposit with an overnight express
delivery service with proof of receipt. Notice shall be deemed effective upon
receipt. For purposes of notice, demand, request, or replies:
The address of Monroe County shall be:
Banyan Grove Final Rev. 01/19/11
10
County Administrator Doop 1821967
1100 Simonton Street Bko 2502 P9N 620
Room 2-205
Key West, Florida 33040
with a copy to
Assistant County Attorney
PO BOX 1026
Key West, FL 33041
and
1111 12th Street Suite 408
Key West, Florida 33040
The address of Banyan Grove Development Corporation, a subsidiary of
Spottswood Partners, Inc. shall be:
Robert Spottswood
506 Fleming Street
Key West, Florida 33040
It is the responsibility of the Parties to notify all Parties of change in name or
address for proper notice.
S. Force Majeure. Any prevention, delay or stoppage due to strikes, lockouts, labor
disputes, acts of God, inability to obtain labor or materials or reasonable
substitutes therefore, riot, civil commotion, fire or other casualty and other causes
beyond the reasonable control of the party obligated to perform, excluding the
financial inability of such party to perform and excluding delays resulting from
appeals or rehearing, shall excuse the performance by such party for a period
equal to any such period of prevention, delay or stoppage. In order to avail itself
of this force majeure provision, the party invoking the same shall provide the
other party with a written notice that shall consist of a recitation of all events that
constitute force majeure events under this Section, together with the beginning
and ending dates of such events.
T. Construction.
1. This Agreement shall be construed in accordance and with the laws of the
State of Florida. The Parties to this Agreement have participated fully in
the negotiation and preparation hereof; and, accordingly, this Agreement
shall not be more strictly construed against any one of the Parties hereto.
2. In construing this Agreement, the use of any gender shall include every
other and all genders, and captions and section and paragraph headings
shall be disregarded.
Banyan Grove Final Rev. 01/19/11
DocN 1821967
Bkp 2502 NO 621 11
3. All of the exhibits attached to this Agreement are incorporated in, and
made a part of, this Agreement.
U. Omissions. The Parties hereto recognize and agree that the failure of this
Agreement to address a particular permit, condition, terms, or restriction shall not
relieve either Party of the necessity of complying with the law governing said
permitting requirements, conditions, term, or restriction notwithstanding any such
omission.
V. Jurisdiction and Governing Law. The Parties hereto agree that any and all suits
or actions at law shall be brought in Monroe County, Florida, and no other
jurisdiction. This Agreement shall be construed and interpreted under the laws of
the State of Florida. This Agreement is not subject to arbitration.
W. Litigation. The County and Spottswood agree that in the event any cause of
action or administrative proceeding is initiated or defended by any party relative
to the enforcement or interpretation of this Agreement, the prevailing party shall
be entitled to reasonable attorney's fees, court costs, investigative, and out-of-
pocket expenses, as an award against the non -prevailing party, and shall include
attorney's fees, court costs, investigative, and out-of-pocket expenses in appellate
proceedings. Mediation proceedings initiated and conducted pursuant to this
Agreement shall be in accordance with the Florida Rules of Civil Procedure and
usual and customary procedures required by the circuit court of Monroe County.
This Agreement is not subject to arbitration.
X. Time of Essence. Time shall be of the essence for each and every provision
hereof.
Y. Entire Agreement. This Agreement, together with the documents referenced
herein, constitute the entire agreement and understanding among the Parties with
respect to the subject matter hereof, and there are no other agreements,
representations or warranties other than as set forth herein. This Agreement may
not be changed, altered or modified except by an instrument in writing signed by
the Party against whom enforcement of such change would be sought and subject
to the requirements for the amendment of development agreements in the Act.
Z. Counterparts. This Agreement may be executed in one or more counterparts, and
by the different Parties hereto in separate counterparts, each of which when
executed shall be deemed to be an original but all of which taken together shall
constitute one and the same agreement.
AA. Recording. Monroe County shall record this Agreement with the Clerk of the
Circuit Court of Monroe County within fourteen (14) days following signature by
all Parties. Spottswood agrees that it shall be responsible for all recording fees and
other related fees and costs related to the recording and delivery of this
Agreement as described in this section. The provisions hereof shall remain in full
force and effect during the term hereof and shall be binding upon all successors in
Banyan Grove Final Rev. 01/19/11
12
interest to the Parties to this Agreement. Whenever an extension of any deadline
is permitted or provided for under the terms of this Agreement, at the request of
either Party, the other Parties shall join in a short -form recordable memorandum
confirming such extension that shall be recorded in the Public Records of Monroe
County.
BB. Conflicting Resolutions. All resolutions or parts thereof in conflict with the
provisions of this Agreement and its resolution are hereby repealed to the extent
of such conflict.
CC. Severability. If any part of this Agreement is contrary to, prohibited by, or
deemed invalid under any applicable law or regulation, such provisions shall be
inapplicable and deemed omitted to the extent so contrary, prohibited, or invalid;
however, the remainder here shall not be invalidated thereby and shall be given
full force and effect.
DD. Effective Date. The "Effective Date" of this Agreement is 30 days after the duly
signed and recorded Agreement is received by the Florida Department of
Community Affairs pursuant to Chapter 380, Florida Statutes.
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
Docn 1821967
Bkp 2502 P90 622
Banyan Grove Final Rev. 01/19/11
Doe# 1821967
Bk# 2502 P9# 623
13
IN WITNESS WHEREOF, the Parties hereto have set their hands and seals on the day
and year below written.
Signed, sealed, and delivered
Zrint
presence of:Name Or
ak-A" biuj /Ja �-
Print Name +i i c, i. tt,� 6 a n; Syt,-
Banya rove Development Corporation
a subs' is =1ood Partners, Inc.
By:
Title: v •
Dated:A
The foregoing instrument was acknowledged before me on this day of anjai
2011, by tpe/4 4. $��+tsv� the V CL-t, of Banyan Grove
Development Corporation. He is personally known to me or produced
as 1 entification and did not take an oath.
r''�'��.,, PATRICIA GAE GANISTER
e`- : Notary Public - State of florid
; e My Comm. Expires Sap 20. 2014
v�O Commission # EE 16873
"„,,,• Bonded rnrqugh NNIOnal Notxl, Aesn.
KOLHAGE, CLERK
I_a�jc- AA*J�v
Deputy Clerk
Banyan Grove FINAL 12/30/10
Notary Public
Printed name
My commission expires
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM,
SUSAN GRIMSLEY
ASSISTA�� _ATTORNEY
Date �/ 40
Exhibit A - Survey and Legal Description
°cop 1821967
Skp 2502 Pqp 624
14
Banyan Grove FINAL 12/30/10
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EXHIBIT A
Doca 1821967
Banyan Grove Development Agreement
BkN 2502 PqM 625 Survey & Legal Description
Page 1 of 3
DocN 1821967
Bkp 2502 Pgp 626
Lots 5 thru 16, and a portion of Lots 4 and 17, Square 29, as shown on the plat of "STOCK
ISLAND MALONEY SUBDIVISION" as recorded in Plat Book 1 at Page 55, of the Public
Records of Monroe County Florida and being more particularly described by metes and bounds
as follows:
COMMENCE at the Southwest corner of the said Square 29; thence N 89 degrees 57'56" E
along the Northerly Right-of-way line of MacDonald Avenue for 196.00 feet to the Point of
Beginning: thence N 00 degrees 02' 04" W for a distance of 80.00 feet; thence S 89 degrees 57'
56" W for a distance a distance of 30.00 feet; thence N 00 degrees 02' 04" W for a distance of
166.55 feet to a point of a curve concave to the Southeast and the Southerly Right-of-way line of
U.S. Highway No. 1 thence in a Northeasterly direction along the said Southerly Right -of- line
of U.A. Highway No. 1 and the said curve having for its elements a radius of 2764.93 feet, a
central angle of 01 degrees 14' 05" a cord bearing of N 72 degrees 31' 23" E with a cord length
of 11.33 feet for an arc distance of 11.33 feet to the Southerly line of Laurel Avenue thence N 89
degrees 57' 56" E along the said Northerly Right-of-way line of Laurel Avenue for distance of
323.21 feet to the Northeast corner of said Block 29; thence S 00 degrees 02' 04" E along the
Easterly line of said Block 29 for a distance of 250.00 feet; to the said Northerly Right-of-way
line of MacDonald Avenue; thence S 89 degrees 57' 56" W along the said Northerly Right -of -
Way line of MacDonald Avenue for 329.00 feet to the Point of Beginning.
Containing 81,081.38 square feet, or 1.86 acres, more or less.
PARCEL B: A parcel of land on Stock Island, Monroe County, Florida and being Block 26 and
a portion of Laurel Avenue, both as shown on the plat of "STOCK ISLAND MALONEY
SUBDIVISION" as recorded in Plat Book 1, at Page 55, of the Public Records of Public Records
of Monroe County, Florida, and being more particularly described by metes and bounds as
follows:
BEGIN at the intersection of the West Right of Way line of 4th Street with the South Right-of-
way line of Laurel Avenue; thence S 89 degrees 57' 56" W along the Southerly Right-of-way
Line of Laurel Avenue for 323.21 feet to a point on a curve, concave to the Southeast and also
the Southerly Right-of-way line of U.S. Highway No. 1; thence in a Northeasterly direction
along the Northerly Right-of-way Line of Laurel Avenue and the Northerly Line of Block 26,
and also being the Southerly Right-of-way Line of U.S. Highway No. 1, and along the said
curve, having for its elements a radius of 2764.93 feet, a central angle of 06 degrees 54' 42" a
cord being of N 75 degrees 48' 14" E for a distance of 333.34 feet for a are distance of 333.54 to
the Easterly line of said Block 26; thence S 00 degrees 02' 04" E along the said Westerly Right-
of-way line of Fourth Street for a distance of 81.56 feet to the Point of Beginning.
Containing 12,792.19 square feet or 0.29 acres, more or less.
LEGAL DESCRIPTION: Parcel 1
The Westerly %2 of Fourth Street, Stock Island, Monroe County, Florida, lying between the North
Right of Way Line of MacDonald Avenue and the South Right of Way Line of U.S. Highway
No. 1 and being more particularly described as follows:
Beginning at the Southeast corner of Lot 11, Block 29, "STOCK ISLAND MALONEY
SUBDIVION" as recorded in Plat Book 1, at Page 55, as recorded in the Public Records of
Monroe County, Florida, thence N 00 degrees 02'04" W along the Easterly property lines of Lots
EXHIBIT A
Banyan Grove Development AgreLdnent
Survey & Legal Description
Page 2 of 3
11 and 10, Block 29 and the Easterly line of that parcel on East Laurel Avenue abandoned by
Monroe County Resolution 294-1989 and the Easterly property line of Block 26 to a point on a
curve concave to the Southeast and the Southerly Right of Way Line of U.S. Highway 1; thence
in a Northeasterly direction along the said Southerly Right -of -Way line of U.S. Highway No. 1
and along the said curve, having for its elements a radius of 2764.93 feet, a central angle of 0
degrees 31'36", a cord bearing of N 79 degrees 31'23" E with a distance of 25.42 feet for an arc
distance of 25.42 feet to a point lying 25 feet Easterly of and parallel with the Easterly line of
said Block 29: thence S 00 degrees 02'04" E a distance of 336.16 feet along the centerline of
Fourth Street to a point lying on the Northerly Right -of -Way line of MacDonald Avenue; thence
N 89 degrees 57'56" W along the said North Right -of -Way line of MacDonald Avenue for a
distance of 25.00 to the Point of Beginning.
Containing 8,346.48 square feet, more or less.
LEGAL DESCRIPTION: Parcel C:
A portion of Lot 17, Square 29, as shown on the plat of "STOCK ISLAND MALONEY
SUBDIVISION" as recorded in Plat Book 1, at Page 55, of the Public Records of Monroe
County, Florida and being more particularly described by metes and bounds as follows:
COMMENCE at the Southwest corner of the said Square 29; thence N. 89 degrees 57'56" E
along the Northerly Right -of -Way line of MacDonald Avenue for 196.00 feet to the Point of
Beginning: thence N 00 degrees 02' 04" W for a distance of 80.00 feet; thence S 89 degrees
57'56" W for a distance of 30.00 feet; thence S 00 degrees 02'04" E for a distance of 80.00 feet
to the said Northerly Right -of -Way Line of MacDonald Avenue; thence N 89 degrees 57'56" E
along the said Northerly Right -of -Way line of MacDonald Avenue for 30.00 feet to the Point of
Beginning.
Containing 2,400 square feet more or less.
Docp 1821967
Bkq 2502 P9p 627
EXHIBIT A
Banyan Grove Development Agreldment
Survey & Legal Description
Page 3 of 3
15
Exhibit B - Monroe County Development Order 02-1989 and
Resolution PO4-03
DocU 1821967
Bka 2502 P9a 628
Banyan Grove FINAL 12/30/10
Doep 1821967 Aj
` n
Bk# 2302 P94 629 a
4
58 l 6.4q °Ff� p g 6 PAGEO 0 I I
MONROE COUNTY, FLORIDA 31.0
-n
y —
MINOR CONDITIONAL USES
DEVELOPMENT ORDER N
CD a
Q2-1939 i
A •:7
D
lwJ
WHEREAS, the Development Review Committee of Monroe County,
Florida, on January 25, 1989, in accordance with the provi-
sions of Sections 9.5-24 and 9.5-68, of the Monroe County Land
Development Regulations, to review the request of
Pearl Trailer Park Rehabilitation for a Minor Condi-
tional Use Approval, on the following described property:
RE#12412
Lots 1-20, Block 29, Maloney Subdivision, Section 34 & 36
Township 67 Range 25 Stock Island, approximately MM 12. The
land use designation is mixed uses (MU).
for the following Minor Conditional Use: The replacement of 51
mobile homes and the addition of 765 scruare feet of building
floor area to an existing mobile home park.
THE PLANNING DIRECTOR, after due consideration of the above -
mentioned property, has concluded that said MINOR CONDITIONAL
USE APPROVAL be: granted X___; granted with the following
condition(s):
1. The applicant obtain approval of the Board of County Commis-
sioners for abandonment to tl•iat portion of Laurel Avenue
which has not already been abandoned.
2• Deed restrictions shall be pi —
aced on the property and re-
corded in the official records of Monroe County as follows:
C C
5816,q 9"1086 PAGE-001.2
a. As loner as the -proQerty_ remains a mobile home park
all development shall hp limited to -the construction of accessor.v
- --- - - - - - - -
structures to mobile homes, but shall not include -_storage sheds.
b. Mobile_ homes siia_ll . in accordance with Monroe County
Code be utilized for re sidential_purposes one.
C. Only one mobile home shall_ be�!trmitted per lot as
indicate on the site -plan _-and _that the maximum density
allowed shall be 5_1_ mobile. homes and -765 square feet of
accessory building use.
3. Solid waste disposal shall be handled on an individual ba-
sis at each mobile h(3me site rather than in a common
dumpster. Each trailer _ site _shall be provided with a
screened trash receptacle_ area _consisti_ng_ of wooden fencing
enclosed on at least three sides.
4. A landscape plan shall be_ ajpprove_d__by_the County Biologist,
including the recruirement that _a_ll trees with larger than a
3" diameter be identified -on the site plan and saved wherev-
er possible. No removal _of_ veqetation shall commence until
such time as the Planning _Director approves in writing the
removal of any trees greater than three (3) inches diameter
breast height LDBH). -
5. The perimeter of the —green_ areas on the site shall be
fenced.__--
6. The office building shall exclude any office use except as
required to service the _mobile-_hom--- _
7. The laundry shall have _two parking_ spaces, including one
handicapped space, which will be located next to the laun-
dry. - - ---- - -- -
8. The laundry will be owned and maintained by the applicant,
or its agent for for us_e_ b_y _mobile home park residents. No
external advertising to the
ted general public shall be permit-
-- --- - -
9. All cess pools and septic tanks will be removed in accor-
dance with HRS prior to the replacement of the mobile homes
10. The developer shall improve 4th street to .a standards ac-
ceptable to the county_ engineer_ and FDOT as applicable. No
Certificate of Occupancyshall be issued until all road im-
provements ark complete,_ or_ sufficient -C---
erformance bonds
have been proffered and accepted_ by__ the Cin a form
acceptable to the County Attorney and-_County_Clerk.
DocU 1821967
BkO 2502 Pg# 630
58T6gq
C.
[086 pa001,3
11. The applicant shall submit a revised site plan and shall be
approved in writina by the Planning Director prior to com-
mencement of any building permit for this project.
12. A final drainage plan prepared by a licensed engineer and
shall be approved bV the County Engineer.
UNDER THE AUTHORITY of Section 9.5-72 of the Monroe County
Land Development Regulations, this conditional use approval
shall become null and void, with no further action required by
the County, three and one-half years after the date of the origi-
nal approval unless all required certificates of occupancy neces-
sitated by the conditional use approval have been obtained.
NOW, THEREFORE BE IT RESOLVED, by the Planning Director of
Monroe County, Florida, that the minor conditional use permit
for the development described above is hereb ranted according
to the terms and condition s�fortthere'n.
Date: �� V
Directo of kfanning
/ Docq 1821967
Bkq 2502 Pgq 631
STATE OF FLORIDA,
COUNTY OF MONROE
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State aforesaid and in the County afore-
said, to take acknowledgments, personally appeared DONALD CRAIG,
to me known to be the person described in and who executed the
foregoing instrument and he acknowledged before me that he exe-
cuted the same.
WITNESS my hand and �gfficial seal in the C un�}':�nd State
last aforesaid this ((�_ day of
,1 o T4 f?
MANY ►WLIC $TATE CF FLORIMA �
MY COMMISSION EM?. SEPT 2.1230
C C '
5 8164 10 86 PAGEO014
ClixikQ
NOTARY PUBLI•, STATE OF F ORIDA
The requirement contained in Section 9.5-72.(a) that a condition-
al use permit not be transferred to a successive owner without
notification to the Development Review Coordinator within fif-
teen (15 ) days of the transfer must be included on the document
which is recorded pursuant to this section.
I, the undersigned, do hereby attest that I have read and agree
to the conditions listed above.
Docu 1821967
Bkp 2502 Pgp 632
Pro O n r +
r .
Date , r -
Not ry Publice
Notary,P841k, S�a#af F1 tp1a _
6'.y CarnmiizWr; j; es Sept. 26, 1907
4..d.d taw {t�r`fy n V�YS42a a 1n "" r
` REFERENCE: In the event that this development order constitutes
- an amendment, extension, variation, or alteration of a previous
conditional use permit, that document may be referenced by the
following
Please be advised that this Development Order is subject to a
forty five (45) day appeal period by the State of Florida Depart-
ment of Community Affairs.
This instrument prepared by:
Lisa Kee
Recorded in Official Records Book
In Monroe County, Florida
Record Verified
DANNY L KOIITAGE
y �i a CIxk Circuit Court
MAKE CHECKS PAYABLE TO
DAN NY L. KOLHAGE C.
co— 699622
DATE 3-[iN '� f
CLERK OF CIRCUIT COURT
MONROE COUNTY. FLA.
RECEIVED OF
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DOCUMENT
ACCT. No.
DATE TRANS
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Doen 1821967
Bkq 2502 Pga 634
MONROE COUNTY
OFFICIAL RECORDS
FILE # 1 3 5 7 5 6 4
BK#1866 PG#1620
RCD Mar 19 2003 02,37PM
DANNY L KOLHAGE, CLERK
RESOLUTION NO. PO4-03
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION APPROVING THE REQUEST OF THE
SPOTTSWOOD FAMILY TRUST D.B.A. CAYO INVESTMENT FOR
AN AMMENDMENT TO A MAJOR CONDITIONAL USE TO BUILD
A 14,129 SQUARE -FOOT ECKERD DRUG STORE AND SEVEN (7)
MARKET RATE DWELLING UNITS ON A PARCEL OF LAND
LEGALLY DESCRIBED AS A PORTION OF EAST LAUREL
AVENUE (ABANDONED), THE EAST PORTION OF 4TH AVENUE
(ABANDONED), LOTS 5 THROUGH 16 AND PART OF LOTS 4 AND
17 OF SQUARE 29, AND ALL OF BLOCKS 37 AND 40, MALONEY
SUBDIVISION, STOCK ISLAND, MONROE COUNTY, FLORIDA.
THE REAL ESTATE NUMBER IS 00124140-000000.
WHEREAS, during a regular meeting held on January 8, 2003, the Monroe County
Planning Commission conducted a public hearing on the request filed by the Spottswood Family
Trust d.b.a. Cayo Investment for an amendment to a major conditional use to build a mixed use
commercial and residential development containing a 14,129 square -foot Eckerd Drug Store and
seven (7) units of market rate townhouses on a parcel of land formerly known as Pearl Mobile
Home Park located on both US Highway 1 and MacDonald Avenue between the Burger King
and Coral Isle Trailer Park at approximately Mile Marker 5; and
WHEREAS, the proposed development is located on a parcel of land legally described
as a portion of East Laurel Avenue (abandoned), the east portion of 4th Avenue (abandoned),
lots 5 through 16 and part of lots 4 and 17 of square 29, and all of blocks 37 and 40, Maloney
Subdivision, Stock Island, Monroe County, Florida. The Real Estate number is 00124140-
000000; and
WHEREAS, the above described property is located in the Mixed Use (MU) land use
district and the Future Land Use Map designation is Mixed Use/Commercial; and
WHEREAS, the original Major Conditional Use application was approved by the
Planning Commission Resolution #P38A-96 which included developing two non-contiguous lots
on MacDonald Avenue as an aggregated development in the following manner: the northern
portion was approved to be used for a 14,400 square foot open-air market and a 433 square foot
public restroom facility, and an existing 1,721 square foot building was to remain as a
commercial office; the southern portion containing an existing 1,868 square foot building used as
WAPlanning\Planning Commission CoordinatorlWorking Folder\PC-DRC\Resos.DO\PO4-03.doc
Page 1 of 5
Initia Ly_�
FILE #E 1 3 5 7 5 6 4
BK#k 1 S 6 e PG#k 1 6 2 1
a radio station was to remain, and two new buildings totaling 15,474 square feet were to be
�w constructed for light industrial use; and
WHEREAS, the above Resolution was amended in April 2000. Under the Planning
Commission Resolution #P12-00 the following changes were approved: the use of the 1,868
square foot radio station was changed into a walk-up bank and the intensity of use of the 14,400
square foot open-air retail sales market on the north was changed from low- to medium -intensity
commercial retail, to high -intensity commercial retail; and the use of the two buildings (totaling
15,474 Sq. Ft.) on the south was changed from light industrial to low- to medium -intensity
commercial retail use; and
WHEREAS, the Planning Commission was presented with the following evidence,
which by reference is hereby incorporated as part of the record of said hearing:
1. The Amendment to a Major Conditional Use Application, including Site Plan by Thomas E.
Pope, P.A. Architect, dated 09/16/2002 and revised on 10/17/02; and Conceptual Landscape
Plan by the Craig Company, dated 09/16/2002; and Drainage Plan by PE & D, Inc., dated
09/10/2002; and Floor plans by Thomas E. Pope, P.A. Architect, dated 08/28/2002; and
Elevations plans by Thomas E. Pope, P.A. Architect, dated 08/28/2002; and Plan and Interior
design of Eckerd's Drug Store by Kent D. Hamilton, A.I.A., Architect, dated 07/26/2002;
and Elevation drawings of Eckerd's Drug Store by Kent D. Hamilton, A.I.A., Architect,
dated 07/26/2002; and Boundary Survey by Frederick H. Hildebrandt, Engineer, Planner,
Surveyor, and dated 08/02/2002; and
2. The Staff Report prepared by Aref Joulani, Senior Planner, Rebecca Redondo, Biologist,
dated 12/20/2002; and Docp 1821967
3. The sworn testimony of the Growth Management Staff; and Bkq 2502 Pgp 636
4. The comments of John Wolfe, Planning Commission Counsel; and
5. The sworn testimony of Rebecca Jetton, Department of Community Affairs; and
6. The sworn testimony of Donald L. Craig, AICP, the applicant's agent; and
7. The sworn testimony of Bill Spottswood, representing the applicant; and
WHEREAS, the Development Order #02-1989 recognized that 51 mobile homes were
legally existing on this site; and
WHEREAS, the said development order remained valid on the effective date of ROGO
and the units were physically present for the 1990 census and accounted for in the hurricane
evaluation model which forms the basis of ROGO; and
WHEREAS, the Planning Commission has made the following Findings of Fact and
Conclusions of Law based on the evidence presented:
WAPlanningWIanning Commission CoordinatoAWorking FoldeAPC-DRC1Resos.DO\PO4-03.doc '1k
Page 2 of 5
� Initia
7 111D
Doca 1821967 F I L L # 1 3 5 7 5 6 4
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�4, 1. Based on the application, the proposed project amends the Planning Commission Resolution
#P 12-00 exclusively with regards to the northern part of the development identified with RE#
0012140-000000. The Resolution #P12-00 and amendment to it under Resolution 4P34-01
and conditions of the approvals under those resolutions still apply to the southern portion of
the development known as Spotswood Shops.
2. Based on the Development Order #02-1989 and the Memorandum dated November 13, 2002
from the Assistant County Attorney, the property is vested to have the rights to be
redeveloped with up to 51 ROGO exempt residential units subject to compliance with all
other applicable land development regulation. Therefore, we find that the ROGO exempt
residential units are not transferable off -site per Section 9.5-120.4(b) and can only be built
back on -site in accordance with Section 9.5-120.4(a).
3. Based on the application, the applicant is proposing to build 14,129 Sq. Ft. of vested medium
intensity commercial use and seven (7) market rates residential units. Although we find the
project to be in compliance with sections 9.5-262 and 9.5-269, the Site Plan shall be revised
to show correct Site Analysis related to residential density and site utility information.
4. Based on the County's Traffic Consultant letter dated December 16, 2002, although the
submitted traffic report has adequately addressed all related issues, it is not clear if the flow
of traffic inside the property is adequate. Therefore, we conclude that a site plan showing the
vehicle maneuverability inside the property shall be submitted.
5. Based on the County's Traffic Consultant letter dated December 16, 2002, it appears that the
site plan for the Burger King Restaurant, located adjacent to the project site was intended to
provide common use access between the two properties. Therefore, we find that the applicant
shall explore the feasibility of having internal connection between the two properties to
reduce the vehicular traffic on adjacent streets, especially US 1 Highway.
6. Based on the application, a storm water management plan has been provided with the
submitted plans. Therefore, we find that the plan shall be reviewed and approved by the
Monroe County Engineer to determine compliance with Section 9.5-293.
7. Based on the application, connection to the Key West Resort Utilities is the preferred option
for wastewater treatment. However, we find that if the applicant decides to use on site
sewage treatment plant, the existing Environmental Health Permit must be revised and
approval of the Department of Health and/or the Department of Environmental Protection
shall be submitted.
8. Based on the application, coordination with the Fire Marshal has started. Therefore, we
conclude that conceptual approval of the project by the Fire Marshal's Office is needed.
9. Based on the application, a letter of coordination has been submitted to the Florida Keys
Aqueduct Authority (FKAA). Therefore, we conclude that the plans shall be reviewed and
approved by FKAA.
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10. Based on the application, coordination with the Keys Energy Services (KEYS) has started.
According to the letter of coordination dated September 12, 2002, KEYS will need a full set
of plans and a project review form to determine load requirement. Therefore, we conclude
that approval of the plans by KEYS is required.
11. To preserve the community character of the area, we find that metal roof shall be used for the
proposed Eckerd Drug Store.
BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE
COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of Law support its
decision to APPROVE the request of the Spottswood family trust d.b.a. Cayo Investment for an
amendment to a major conditional use to build a mixed use commercial and residential
development including a 14,129 square -foot Eckerd Drug Store and seven (7) units of market
rate houses on a parcel of land formerly known as Pearl Mobile Home Park that is legally
described as a portion of East Laurel Avenue (abandoned), the east portion of 4th Avenue
(abandoned), lots 5 through 16 and part of lots 4 and 17 of square 29, and all of blocks 37 and
40, Maloney Subdivision, Stock Island, Monroe County, Florida, near Mile Marker 5 subject to
the following conditions:
1. The Site Plan shall be revised to show correct Site Analysis associated with the residential
density and site utility information of the project prior to the issuance of a building permit.
�w 2. Prior to issuance of a building permit, a site plan showing the vehicle maneuverability within
the property shall be submitted and approved by the County's Traffic Consultant.
3. The applicant shall investigate the feasibility of having an internal connection between the
Burger King Restaurant and the project to reduce the vehicular traffic on adjacent streets,
especially US 1 Highway. The result of this investigation shall be submitted to and approved
by the County `s Traffic Consultant prior to issuance of a building permit.
4. Prior to issuance of a building permit, approval of the surface water management plan by the
County Engineer shall be provided.
5. Prior to issuance of a building permit, the Florida Department of Health and/or the
Department of Environmental Protection shall approve the Wastewater Treatment Plan.
6. Prior to issuance of a building permit, a Fire Protection Plan shall be approved by the
Monroe County Fire Marshal.
7. Prior to issuance of a building permit, a complete set of plans must be reviewed and
approved by FKAA.
8. The Keys Energy Services (KEYS) shall determine load requirement based on the review of
a complete set of plans and approval shall be received prior to the issuance of a building
kiiw permit.
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klIiw 9. To preserve the community character of the area, metal roof shall be used for the proposed
Eckerd Drug Store.
PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a
regular meeting held on the 8th day of January 2003.
Chair David C. Ritz
YES
Vice Chair Denise Werling
YES
Commissioner Julio Margalli
YES
Commissioner Jerry Coleman
YES
Commissioner Alicia Putney
YES
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
BY 4�C-Z`
David C. Ritz hair
Signed this day , 2003 liw
OR
APPROVED AS TO FORM
AND L., SUFFICIENCY
BY * ��-
omey's Office
MONROE COUNTY
OFFICIAL RECORDS
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Exhibit C - Monroe County Planning Resolution P32-05
DOC# 1821967
8k# 2502 P9p 639
16
Banyan Grove FINAL 12/30/10
DocN 1554825 12/07/2005 10:27AM DoeN 1554a25
Filed 3 Recorded in Official Records of BkN 2170 PNN 2191
MONROE COUNTY DANNY L. KOLHAGE
PLANNING COMMISSION RESOLUTION NO. P32-05
A RESOLUTION BY THE MONROE COUNTY
PLANNING COMMISSION APPROVING THE
REQUEST OF THE SPOTTSWOOD FAMILY TRUST,
INC FOR AN AMENDMENT TO A MAJOR
CONDITIONAL USE FOR THE DEVELOPMENT OF
FORTY-SIX (46) TWO STORY ELEVATED
RESIDENTIAL UNITS. THE PROPERTY IS LEGALLY
DESCRIBED AS A PORTION OF EAST LAUREL
AVENUE (ABANDONED) LOTS 5 THROUGH 16 AND
PART LOTS 4 AND 17 OF BLOCK 29, AND ALL
BLOCKS 37 AND 40, STOCK ISLAND, MONROE
COUNTY, FLORIDA, APPROXIMATE MILE MARKER
5, AND THE REAL ESTATE NUMBER IS
00124140.000000.
WHEREAS, during a regular meeting held on June 8, 2005, the Monroe County
Planning Commission conducted a public hearing on the request filed by Spottswood Family
Trust, Inc. for an Amendment to a Major Conditional Use for forty-six (46) two-story elevated
residential units and a play area; and
WHEREAS, during a regular meeting held on May 3, 2005, the Development Review
Committee recommended approval of the Amendment to a Major Conditional Use application to
#*4w the Planning Commission; and
WHEREAS, the Planning Commission was presented with the following evidence,
which by reference is hereby incorporated as part of the record of said hearing:
1. Boundary survey by Frederick H. Hildebrant, dated 08/02/02; and
2. Site Plan (S1) prepared by Thomas E. Pope, P.A. Architect, dated 01/13/05 and revised
on 03/ 18/05, and
3. Landscape Plan (L1) prepared by Thomas E. Pope, P.A. Architect, dated 01/13/05 and
revised on 03/ 18/05, and
4. Elevation and Floor Plans prepared by Thomas E. Pope, P.A. Architect, dated 01/13/05;
and
5. Conceptual Drainage Plan (C-1) designed and checked by Allen E. Perez, P.E., dated
01125105; and
6. Revised Site Plan (Sl) prepared by Thomas E. Pope, P.A. Architect, dated 01/13/05 and
revised on 05/23/05; and
7. The Staff Report prepared by Heather Beckmann, Planner and Andrew Trivette, Senior
Biologist, dated 05/16/05; and
8. The sworn testimony of the Growth Management Staff; and
9. The comments of Donald L. Craig, AICP, representing the applicant's agent; and
�. 10. The advice of John Wolfe, Planning Commission Counsel.
AMCU-PC Resolution Page] of 5 Doca 1821967
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Spottswood Stock Island Housing
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WHEREAS, the Planning Commission has made the following Findings of Fact and
Conclusions of Law based on the evidence presented:
1. Based on the Monroe County Code, we find and the applicant agrees to apply the same
residential color scheme and fencing material and height surrounding the perimeter of the
development to match the design of the neighboring Coral Hammock to ensure compliance
with Section 9.5-248.
2. Based on the site plan, a stormwater management plan was submitted. Staff concludes that
the plan must be reviewed and approved by the County Engineer to determine compliance
with Section 9.5-293.
3. Based on the application, FDEH has been contacted to review the project. We conclude that
the project must be reviewed and approved by FDEH. In addition, a letter of coordination
shall be submitted to KWRU to determine compliance with Section 9.5-294.
4. Based on the site plan, the second standard has not been met for the site plan does not exhibit
any bicycle racks. The applicant shall meet the third, fourth and fifth standards by
demonstrating on the site plans that ceiling fans will be installed, solar panels will be used for
the heating of hot water, and heat pumps for the AC to ensure compliance with Section 9.5-
326.
5. Based on the site plan, the applicant intends to access drives and curb cuts to US 1 and
MacDonald Avenue. We find that the applicant shall receive permits from FDOT and the
County Engineer for the access drives and curb cuts along US1 and MacDonald Avenue to
come into compliance with Section 9.5-421.
6. Based on the application, a level two traffic study was submitted and reviewed by the County
Traffic Engineer. We conclude that the requests of the Engineer shall be met to determine
compliance with Section 9.5-426.
7. Based on the application, KEYS and FKAA have been contacted to review the project. We
conclude that the conditions set by these agencies shall be met to determine compliance with
Section 9.5-69.
8. Based on the application, the Fire Marshal was contacted to review the project. The Fire
Marshal has requested the exterior stairways be constructed of noncombustible materials and
that the entrance/exit gates at the MacDonald Ave shall have an unobstructed width of not
less than 18 feet. The conditions of the fire marshal shall be met to determine compliance
with Section 9.5-69.
9. Based on the application, a breakdown of the proposed residential units by price range was
not included. Staff concludes that this is required along with an assessment of the potential of
err the proposed development to meet local or regional housing needs to determine compliance
IL with Section 9.5-69.
Doc# 1821967
AMCU-PC Resolution Page 2 of 5 Bk# 2502 NO 641
# P32-05 Final
Spottswood Stock Island Housing
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10. Based on the application, the proposed development will increase daily trips on US by 262
with 75% of those trips predicted to travel to Key West. The impact of the increased traffic,
proximity to bus service, and lack of bus shelters require the applicant to coordinate with Key
West Transit Authority and the County to determine an appropriate location and design for a
bus shelter. The shelter shall be provided to comply with Section 9.5-69.
11. Based on the application, the proposed development does not supply any amenities and the
applicant shall coordinate with staff to determine an appropriate amenity(s) to comply with
Section 9.5-65.
WHEREAS, based on the fourth condition set forth in the Staff Report dated 05/16/05, a
revised site plan (S1) showing bike racks was signed and sealed by Thomas E. Pope Architect,
P.A., revised 5/23/05 and submitted and approved by the Planning Department on 05/26/05; and
WHEREAS, based on the third condition set forth in the Staff Report dated 05/16/05, a
revised site plan (S1) showing the entrance/exit gates on MacDonald Avenue with an 18 foot
unobstructed width was signed and sealed by Thomas E. Pope Architect, P.A., revised 5/23/05
and submitted and approved by the Planning Department on 05/26/05; and
WHEREAS, based on the sixth condition set forth in the Staff Report dated 05/16/05, an
addendum to the traffic study was submitted on 7/01/05, reviewed and approved by the County's
Traffic Engineer on 07/08/05 and submitted and approved by the Planning Department on
07/11/05; and
--. WHEREAS, based on the tenth condition set forth in the Staff Report dated 05116105, a
revised site plan (S 1) showing a bus shelter was signed and sealed by Thomas E. Pope Architect,
P.A., revised 5/23/05 was submitted to the Planning Department on 05/26/05; however Planning
Staff will not approve the proposed location of the shelter until the applicant coordinates with
Key West Transit Authority and Planning Staff for; and
�w
k
WHEREAS, based on the eleventh condition set forth in the Staff Report dated 05/16/05,
a revised site plan (S 1) showing a play area was signed and sealed by Thomas E. Pope Architect,
P.A., revised 5/23/05 was submitted and approved by the Planning Department on 05/26/05; and
WHEREAS, during the 06/08/05 Planning Commission meeting, the Planning
Commission strongly recommended that a way be found to allow the five lawfully established
units that are not being rebuilt on site to be transferred as affordable exemptions.
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION
OF MONROE COUNTY, FLORIDA that the preceding Findings of Fact and Conclusions of
Law support its decision to APPROVE the request of Spottswood Family Trust, Inc. for an
Amendment to a Major Conditional Use for the construction of forty-six elevated two story
residential units. The property is legally described as a portion of East Laurel Avenue
(abandoned), lots 5 through 16 and part lots 4 and 17 of Block 29, and all blocks 37 and 40,
Stock Island, Monroe County, Florida, approximate mile marker 5 subject to the following
conditions:
AMCU-PC Resolution
# P32-05 Final
Spottswood Stock Island Housing
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1. Prior to the issuance of a building permit, the following agencies shall review and approve
the project for compliance;
�W a. FDEH
b. FDOT
c. County Engineer
d. KEYS
e. FKAA
2. Prior to the issuance of a building permit, the applicant shall submit a letter of coordination
to the KWRU. KWRU shall review and approve the project for compliance.
3. Prior to the issuance of a certificate of occupancy, the applicant shall indicate that the
following conditions have been met;
a. Perimeter fencing of the same material and height found at the neighboring Coral
Hammock development; and
b. Similar residential color scheme found on the neighboring Coral Hammock
development; and
c. Open porches with ceiling fans; and
d. Solar hot water heating panels; and
e. Heat pumps for air conditioning; and
f. Exterior stairways shall be constructed of noncombustible materials; and
g. Construction of a bus shelter.
4. Prior to the issuance of a building permit, the permit shall be restricted so that the emergency
access drive shall not be modified for any other use in the future. This restriction shall be
indicated on the site plan submitted to the building department.
5. Prior to the issuance of a building permit, the applicant shall submit a report that breaks
down the residential units by price along with an assessment of the potential of the
development to meet local and regional housing needs.
6. Prior to the issuance of a certificate of occupancy, the applicant shall comply with the general
provisions of Florida Statutes, Chapter 718 Condominiums and/or Chapter 720 Homeowners
Association to ensure the maintenance of common elements and open space, including the
bus shelter.
DocN 1821967
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AMCU-PC Resolution Page 4 of 5
# P32-05 Final
Spottswood Stock Island Housing
DocN 1554825
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PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a
regular meeting held on the 8h day of June 2005.
Chair Lynn C. Mapes YES
Vice -Chair Denise Werling YES
Commissioner Randolph Wall YES
Commissioner Jiulio Margalli YES
Commissioner James D. Cameron YES
PLANNING COMM,SS fN OF MO ROE COUNTY, FLORIDA
BY _ / ._
L. * C. Mapes, Chair
Signed this day of , 2005. 1L
APPROVED AS TO FORAM
AND LEG SUFFICIEN(
BY
DocN 1821967
BkN 2502 P9N 644
MONROE COUNTY
OFFICIAL RECORDS
AMCU-PC Resolution Page 5 of 5
# P32-05 Final
Spottswood Stock Island Housing
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Exhibit D - Conceptual Site Plan
Doca 1821967
8kN 2502 Pyp 645
17
Banyan Grove FINAL 12/30/10
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