The URL can be used to link to this page

11/16/2011 AgreementDANNY L. KOLHA GE CLERK OF THE CIRCUIT COURT DATE: December 16, 2011 TO: Christine Hurley, Director Growth Management Division ATTN: Mayra Tezanos Executive Assistant FROM: Isabel C. DeSantis, D.C.,4;�a4t�, At the November 16, 2011, Board of County Commissioner's meeting the Board granted approval and authorized execution of the following: Item R5 Development Agreement between Northstar Resort Enterprises Corp. and Monroe County for property located at 99060 Overseas Highway (US 1), Key Largo, Real Estate #00088020.000000. Attached is the fully executed original of the above -mentioned duly recorded in the Official Records of Monroe County for your handling. Should you have any questions, please do not hesitate to contact my office. cc: County Attorney Finance File DANNYL. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: November 30, 2011 TO: Christine Hurley, Director Growth Management Division ATTN. Mayra Tezanos Executive Assistant FROM: Isabel C. DeSantis, D.C. At the November 16, 2011, Board of County Commissioner's meeting during a Public Hearing, the Board approved the following: Item R5 Development Agreement between Northstar Resort Enterprises Corp. and Monroe County for property located at 99060 Overseas Highway (US 1), Key Largo, Real Estate #00088020.000000. The Board accepted public input with the following individual addressing the Board: Jim Saunders, representing Nortstar Resort Enterprises Corp. Attached is an electronic copy of the subject document duly recorded in the Offical Records for your handling. In addition, I have also sent to you in today's courier a certified copy. Should you have any questions, please do not hesitate to contact my office. cc: County Attorney File Prepared by: RC3WORLD, INC Land Use Planning & Consulting Phone: 678.708.9247 Email: ioel@rc3world.com Mailing Address 411 Ridgewood Rd NE Atlanta, GA 30307 Physical Address 102901 Overseas Highway Key Largo, FL 33037 2011-11-01 Doc# 1859469 11/28/2011 8:19AM Filed & Recorded in Official Records of MONROE COUNTY DANNY L. KOLHAGE Doc# 1859469 8k# 2543 Pg# 959 DEVELOPMENT AGREEMENT BETWEEN BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND NORTHSTAR RESORT ENTERPRISES CORP. THIS AGREEMENT is made and entered as of this + �_ day of /Uo ✓ *- , v 1 6 ?-� , 2011, by and between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ("Board" or "County") and NORTHSTAR RESORT ENTERPRISES CORP., a Florida Corporation ("Developer"). Recitals WHEREAS, the Board and the Developer recognize the following: A. This agreement is entered into in accordance with the Florida Local Government Development Agreement Act, 163.3220-163.3243, Florida Statutes ("Act"). B. The Developer is the owner of certain real property located in Monroe County, Florida, and described in the attached Exhibit "A", currently referred to as Northstar Resort. The site is comprised of some 11.67 Acres of which approximately 11.67 acres are upland. This site is currently developed with a commercial structure, formerly the Big Fish Grill, which is used for commercial retail. The site was previously developed with a variety of uses including a mobile home/RV park; marina, residences and commercial retail. C. Monroe County Planning Commission Resolution P47-03 (Exhibit B) approved a major conditional use permit to construct eighty-nine (89) transient unit resort hotel and amenities. Northstar Resort Hotel and RV Park Development Agreement Page 1 Doc# 1859469 8k# 2543 Pg# 960 2011-11-01 D. Monroe County Planning Commission Resolution P47-03 linked the Northstar Resort Hotel Project with an affordable housing project and required that a minimum of ten (10) affordable housing units be built. E. Development Order #04-04 (Exhibit C) was a minor conditional use application issued to establish forty-seven (47) ROGO exemptions from the Northstar Resort site to be eligible for transfer. F. Development Order #05-04 (Exhibit D) was a minor conditional use application issued which received the forty-seven (47) ROGO exemptions from the Northstar Resort site at the Florida Keys RV Park (RE numbers: 00083971-000000 and 00083970-000000) to be built as attached affordable housing units. G. Northstar Resort allowed Development Order #5-04 to expire and therefore forty-seven (47) ROGO exemptions reverted back to the Northstar Resort Site (RE # 00088020-000000). H. A Development Agreement between Monroe County, Florida and Northstar Resort Enterprises Corporation (OR Book 2352 and Page 2310-2406) approved the transfer of 47 ROGO exemptions to Monroe County. I. Resolution P55-03 (Exhibit E) by the Monroe County Planning Commission lawfully established one hundred twenty-six (126) transient Rate of Growth Ordinance (herein after referred to as "ROGO") exemptions from property in Key Largo at approximate MM 106 currently known as Keys Lake Villas and previously known as Florida Keys RV Park with Real Estate Number 00083970-000000 as eligible for transfer, hereafter referred to as "MM 106" property. J. Monroe County Planning Resolution P56-03 (Exhibit F) approved the request filed by Northstar Resort to receive seventy-seven (77) transient ROGO exemptions transferred from the Florida Keys RV Park via P55-03 at the Northstar Resort Site. K. Development Order #17-96 established 1.5 Transferable Development Rights (TDRs), Development Order #18-97 established 2.59 TDR9, and Development Order #7-05 established 7.36 TDRs and transferred a total of 11.45 TDRs to the Northstar Resort site; Development Order 07-07 transfered11.55 TDRs. The total 23 TDRs allowed for development of the 138 unit resort hotel at maximum net density. L. Monroe County Planning Commission Resolution P02-07 and Minor Deviations 1, 2 and 3 (P02-07) (Exhibit G Page 1410-1326 and Monroe County Clerk OR Book 2516) approved a 138 Unit Resort Hotel with accessory amenities to the resort hotel along with 5908 square feet of commercial retail low intensity use to be used as a restaurant and tiki bars/grill on the site and open to the public. Resolution P02-07 also approved the request filed by Northstar Resort Enterprises Corporation to receive forty- nine (49) transient transferable ROGO exemptions (TREs) from the MM 106 Northstar Resort Hotel and RV Park Development Agreement Page 2 Doc# 1859469 8k# 2543 Pg# 961 2011-11-01 property and established 9,210 square feet of lawfully established Non -Residential Floor Area exempt from the Non -Residential Rate of Growth Ordinance (NROGO) existing at the site from previous development. This resolution also identified the Lakeview Gardens as a linked site to the Resort site where fifteen (15) affordable housing units would be built prior to receiving a certificate of occupancy on any of the hotel units at the Resort Site. M. Developer desires to pursue an "interim" development of the already approved site on which there are approvals for a 138 unit resort hotel and associated amenities. N. Developer would like to "stay" the existing major conditional use approval P02-07 and as amended along with all associated development orders covering TDRs, and transient TREs during the 10-year period of this development agreement. O. There is a need for a use on the site, even if temporary, rather than the previously and partially developed land to sit in its partially vacant state. P. It is beneficial to return an underutilized parcel to the tax rolls. Q. This Agreement will implement Goal 102 of the Comprehensive Plan. In particular the project directs growth to land which is intrinsically most suitable for development. R. Goal 202 of the Monroe County Comprehensive Plan to maintain and enhance environmental quality and near shore waters will be fiuthered through the strict compliance to shoreline setbacks and restoration that will take place due to the construction on the site. S. On September 28. 2011 the Monroe County Planning Commission held the first public hearing on this Agreement, after publishing the required notice more than seven days prior to the first hearing. Notice of intent to consider this Agreement was provided in accordance with law. T. On November 16. 2011 the Board of County Commissioners held the second public hearing on this Agreement after providing notice in accordance with law. NOW THEREFORE, in consideration of the mutual covenants entered into between the parties, and in consideration of the benefits to accrue to each, it is agreed to as follows: A. Recitals. The above recitals are true and correct and are incorporated herein and made a part hereof. B. Purpose of Agreement Northstar Resort Hotel and RV Park Development Agreement Page 3 Doc# 1859469 Bk# 2543 P9# 962 2011-11-01 The parties agree as follow: 1. Resolution P02-07 remains in effect during the period of this Development Agreement. 2. It is the ultimate intention and goal of Developer and the County to have the site developed with the already approved 138 unit resort hotel on the property. 3. Over the past several years due to the economy, traditional funding sources have been curtailed, and there is no clear direction as to when commercial lending will rebound. 4. Development of the campground will conform to the setbacks established in P02-07. 5. The site may be utilized as an interim campground containing Recreational Vehicle spaces until such time that commercial financing for the 138 unit hotel can be secured for the resort hotel. 6. There is a lack of campgrounds with Recreational Vehicle (RV) spaces in the Upper Keys. 7. The use of the site will enhance the appearance of the site; 8. Development of a campground with RV spaces during this Development Agreement period will return the parcel to the tax rolls until such time it is redeveloped with the resort hotel. 9. Developer will develop a campground with RV spaces during this Development Agreement period during Phase I. Phase II will consist of RV spaces along with hotel units. The final phase will be development of the site with a 138 unit resort hotel as approved by P02-07. This development constitutes "The Project". 10. Developer will obtain all necessary development permits including a major conditional use or amendment to a major conditional use permit, as deemed appropriate by the Planning Department, for approval of the site as a campground with RV spaces, including the phasing of the campground use, with the exception of a Variance to setbacks along with Phase III (resort hotel) which has already been established per P02-07. 11. Developer will initially develop the site as a 110 unit campground with RV's and accessory structures. Hotel structures will be phased in over the 10 year period. Depending on financing either a few structures at a time housing the hotel units will be phased in (as RV's are removed) or all phases could be expedited and completed at one time. This will be approved by means of the conditional use permit process. 12. The Project will be developed in each phase to be in compliance with Monroe County Code to include but not be limited to items Northstar Resort Hotel and RV Park Development Agreement Page 4 Doc# 1859469 201 l -11-01 8k# 2543 Pg# 963 such as intensity, setbacks, height, and access. If all phases of the Project are not completed then said Project will continue to operate under the last completed phase pursuant to the major conditional use. 13. Developer will proceed with conditional use approval based on the conceptual phasing plans (Exhibit 1) as attached. Substantial deviation from the phasing plans as proposed will require an "amendment" as outlined in "E" herein. The Planning Director will have the authority to determine substantial deviation. 14. County agrees that the purpose and intent of Section 130-161(b)(1) of the Monroe County Code (MCC) "Inclusionary housing requirements" is already met by Developer providing 15 affordable housing units off site per P02-07 and therefore the remainder of Section 130-161(b) of the MCC is not applicable to this project and therefore Board exempts project from Inclusionary Housing requirements. 15. Monroe County will reserve the traffic trips required for the project along US I for the duration of this development agreement. C. General Provisions. l . Leal Description and Owner The Resort Site is described in Exhibit A attached hereto and made part hereof. Northstar Resort Enterprises Corporation, a Florida Corporation is the legal and equitable title holder to the Resort Site. 2. Duration. This Agreement shall expire ten (10) years after the Effective Date provided in Provision 10, unless earlier terminated as provided in Provisions "E" and "F", or extended as provided in Provision "G". In the event that the development does not take place as contemplated in this Agreement, the Agreement may be extended by amendment to this Agreement. Development Uses Proposed to be Permitted (a.) The development program proposed on the Property includes 110 Recreational Rental RV spaces. In addition, the development proposes 6,000 square feet of commercial retail space to be used as a Restaurant/Tiki Bars/Grill and convenience store; 16 Slip Marina accessory to the RV spaces; bathhouses, bathroom facilities, pool and cabanas. All structures proposed to be Northstar Resort Hotel and RV Park Development Agreement Page 5 Doc# 1859469 Bk# 2543 Pg# 964 2011-11-01 constructed have been designed to be under the 35 foot height restriction as outlined in MCC Section 130-187 and all buildings have been designed to have finished floor elevations at or above those required per floodplain management in Chapter 122 of the MCC. Furthermore buildings have been designed with open porches, ceiling fans and energy efficient air-conditioning units and appliances to reduce energy use and installation of native plant landscaping will reduce the requirements for water and maintenance. (b.) MCC Section 138-22 allows for the redevelopment, rehabilitation or replacement of any lawfully established residential dwelling unit or space that does not increase the number of residential dwelling units above that which existed on the site prior to the redevelopment, rehabilitation or replacement shall be exempt from the residential ROGO system. One hundred and thirty-eight (138) transient ROGO exempt units have already been established on site. 110 transient exemptions will be used for the development of the RV park. These 110 exemptions will then be applied to hotel rooms on a 1 to 1 basis as the resort hotel is phased in. The remaining 28 transient exemptions will be used to construct all 138 units of the resort hotel site. (c.) MCC Section 138-50 allows for Development with no net increase in nonresidential floor area. The redevelopment, rehabilitation or replacement of any lawfully established nonresidential floor area which does not increase the amount of nonresidential floor area greater than that which existed on the site prior to the redevelopment, rehabilitation or replacement. A 2002 Letter of Understanding established 9,250 square feet of lawfully established floor area on the site. (d) MCC Section 101-1 allows Accessory uses or accessory structures means a use or structure that is subordinate to and serves a principal use or structure; is subordinate in area, extent and purpose to the principal use or structure served; contributes to the comfort, convenience or necessity of occupants of the principal use or structure served; and is located on the same lot or on contiguous lots under the same ownership and in the same land use district as the principal use or structure. Site will be developed with accessory structures to the RV use to include but not limited to: office, entry area, bathhouse, pool and boat storage. 4. Description of Adequate Public facilities serving development Northstar Resort Hotel and RV Park Development Agreement Page 6 Doc# 1859469 80 2543 Pg# 965 2011-11-01 (a) Roads — Roads are one (1) of the four (4) critical public facilities identified for annual assessment in the Monroe County Land Development Code (LDC). The Comprehensive Plan and LDC regulations require U.S. 1 to remain at a LOS C or higher and that all county roads to remain at a LOS D or higher. The Monroe County Division of Public Works is charged with maintaining and improving secondary roads within the boundaries of unincorporated Monroe County. The Florida Department of Transportation (FDOT) is responsible for maintaining U.S. 1. The 2011 U.S. 1 Arterial and Travel Time and Delay Study showed overall level of service and reserve capacity along U.S. 1 at a Level C. Based on the Level 2005 III Traffic study prepared by Transport Analysis Professionals (TAP) the resort hotel site will generate approximately 674 trips impacting segments 21-24. Based on the 2011 Level II Traffic study prepared by Keys Traffic Studies, LLC the RV Park will generate 440 daily trips impacting segments 21- 24. The 2011 U.S. 1 Arterial and Travel Time and Delay Study indicated the following reserve capacity in each segment that will be effected by the projects: Segment 21 = 4,418; Segment 22 = 11,128; Segment 23 = 9,234; and Segment 24 = 8,932. Therefore there are more than sufficient grip capacity in segments 21-24 in which the project will have impact. (b) Solid Waste — Comprehensive Plan Policy 801.1.1 establishes the level of service for solid waste as 5.44 pounds per capita per day or 12.2 pounds per day per equivalent residential unit (ERU) and establishes a haul out capacity of 95,000 tons per year or 42,668 ERUs. The Comprehensive plan requires sufficient capacity shall be available at a solid waste disposal site to accommodate all existing and approved development for a period of three years from the projected date of completion of the proposed development of use. In 2010, the County provided solid waste service to accommodate 70,808 residents. FDEP certification of solid waste data for December 31, 2009 is reported to be 71,311 residents in the County. Monroe County has a contract with Waste Management (WMI). The contract authorizes the use of in -state facilities through September 30, 2016, thereby providing the County with approximately five (5) years of guaranteed capacity. There is adequate capacity for solid waste generation for the next twelve Northstar Resort Hotel and RV Park Development Agreement Page 7 Doc# 1859469 2011-11-01 Bk# 2543 Pg# 966 (12) months. (Source: 2011 Public Facilities Capacity Assessment Report (PFCA)) (c) Potable Water — This project will be designed and meet Monroe County comprehensive plan Objective 701.1 and policy 701.1.2 which involves meeting the following projected potable water consumption levels of .35 gal./sq.R./day for Commercial Consumption. The 2007 Actual water usage for Monroe County was 5, 917,000,000 gallons which includes both residential and non- residential consumption. Divided by the 2011 recommended functional population (Source: 2010-2030 Comprehensive Plan Update) of 156,054this results in 103.88 gallons/per capita/per day including residential and nonresidential. Non-residential consumption accounts for 29 gallons of the 103.88 gallons of residential consumption in Monroe County. Based on the 2011 PFCA report, with the construction of the new water supply wells and RO water treatment, the new reclaimed systems, and the ability to operate the 3.0 MGD RO desalination plants during emergency situations, there is an adequate supply of water to meet current and future demands, based on current conditions and projections. FKAA will continue to monitor and track conditions and events that could negatively impact the existing water supply. Any such impacts will be evaluated to determine future changes necessary to continue servicing Monroe County with adequate supply. With regards to this project, developer will install xeriscaping landscaping which will make water use for outdoor landscaping almost non-existent. A Recreational Rental space is expected to use on average 75 gallons per day. Based on 110 units, it is estimated that upon build out the project will require 9,650 gallons of water per day or 3,522,250 gallons a year. A letter of coordination from Mamie Walterson, Florida Keys Aqueduct Authority, on October 3, 2011 signifies that there is a 8" water main located in front of the project and that it appears adequate to serve this project. Based on a letter of coordination from Monroe County Fire, a six inch water main also provides adequate flow for fire protection. (d) Wastewater —Key Largo Waste Water Treatment District regulations base their calculation on approximately 145 to 167 Northstar Resort Hotel and RV Park Development Agreement Page 8 Doc# 1859469 2011-11-01 Bk# 2543 Pg# 967 gallons of waste water per unit/per day. Based upon the number of RV's at the facility the site is estimated to generate 18,370 gallons of wastewater per day based on the more liberal estimate of 167 gallons per bedroom per day provided by the KLWTD. The following assumptions for flow were derived from: State of Florida, Department of Health Chapter 64E-6, Florida Administrative Code, standards for onsite sewage treatment and disposal systems effective April 28, 2010. TABLE I (For System Design) —Estimated sewage flows RV — 75 gallons per day per unit X 110 8,250 Wet Slips, estimate at 75 gallons per/unit/day 1,200 Stores Der bathroom (office) is 200 200 TOTAL 9650/gallons (e) Schools — Since these are transient residential units there will not be any permanent residents. However, there is one employee housing unit and employment at the site will create new jobs. Those employed may have children of school age; therefore, project analyzed level of service for schools to guarantee adequate capacity for any potential impact to the schools that may result from this project. The Monroe County Land Development Regulations do not identify a numeric level of service standard for schools (such as 10 square feet of classroom space per student). Instead, MCC Section 114 (a)(4) of the regulations requires classroom capacity "adequate" to accommodate the school -age children generated by proposed land development. Enrollment figures for the 2010-2011 through 2014-2015 school years indicate that there is adequate capacity in the Monroe County school system. The overall 2010-2011 utilization is 66.88% of the school system capacity. (f) Housing — No permanent housing units are proposed for this project. All units will be transient RV or hotel units. This project will help to meet the needs of affordable housing as outlined by GOAL 601 of the Monroe County Comprehensive Plan by developing fifteen (15) affordable housing units associated with this project. (g) Impact Fees - Any increased impacts on public facilities or public services attributable to each unit of the development, and the cost of capital improvements to meet the associated demand on such facilities or services, shall be assured by payment to County, Northstar Resort Hotel and RV Park Development Agreement Page 9 5. 5.1 7 Doc# 1859469 2011-1 l -01 8k# 2543 P9# 968 concurrent with the issuance of the building permits for each unit, of all County impact fees required by Ordinance then in effect, as well as payment of applicable utility system development fees. Reservation of Land for Public Purposes The Developer has granted an ingress/egress easement (Exhibit H) 9.0' +/- running along the Southwesterly side of Woodward Way and as more particularly described in the attached Access Easement Document Book 2364 Page 1600 of the Monroe County Records. The Developer is not currently aware of any other specific reservation(s) or dedication(s) necessary for the development authorized by this Agreement. Any reservations and dedications for public purpose in connection with this Agreement will be as required by the County's Comprehensive Plan and County Code or local utility companies. Such reservations or dedications may include, by way of example, easements necessary for the provision of stormwater, utility, and wastewater services to the Property. Local Development Permits The following is a list of all development permits approved or needed to be approved for the development of the property as specified and requested in this Agreement: (a) This Development Agreement; and (b) Major Conditional Use or Amendment to a Major Conditional Use Permit for development of the campground with RV units; and (c) Building and related construction permits for grading, paving, drainage; and accessory structures, land clearing, and landscaping; and (d) Federal, State, regional, and local permits for stormwater runoff, driveway connections, and environmental (or endangered species) takings, when necessary and if required. Consistency with Comprehensive Plan and Land Development Regulations The Board finds that the Development Program proposed for the Property as provided in this Agreement is consistent with County's Comprehensive Plan and Land Development Regulations. Northstar Resort Hotel and RTC Park Development Agreement Page 10 Doc# 1859469 SO 2543 Pg# 969 zol 1-11-01 8. Description of conditions, terms, restrictions or other requirements determined to be necessary by the local government for the vublic health, safety, or welfare of its citizens There are no additional conditions, terms, restrictions or other requirements that are not already contained herein that are necessary by the local government for the public health, safety, or welfare of citizens. 9. Compliance with law governing permitting requirements conditions, term, or restriction The failure of this Agreement to address a particular permit, condition, term, or restriction shall not relieve Developer of the necessity of complying with the law governing said permitting requirements, conditions, terms, or restrictions. D. Local Laws and Policies Governing Agreement The County's laws and policies governing the development of the land at the time of the execution of this Agreement shall govern the development of the Property for the duration of the Agreement. County's laws and policies adopted after the Effective Date may be applied to the Property only if the determinations required by section 163.3233(s), Florida Statutes, have been made after written notice to Developer and at a public hearing. E. Amendment or Cancellation by Mutual Consent and Termination This Agreement may be amended or cancelled by mutual consent of the parties, and shall terminate upon the issuance of final Certificate of Occupancy for the last hotel unit if prior to term expiration as outlined herein. Prior to amending this Agreement, the Board shall hold two public hearings. F. Involuntary Revocation of Development Agreement The Board may revoke this Agreement if the Board determines through its annual review of this Agreement that there has not been substantial compliance with the terms and conditions of this Agreement, including all amendments or extensions thereto. Prior to any revocation of this Agreement, the Board shall hold two public hearings. At the public hearing(s), the Developer will be given an opportunity to rebut the assertion that there has not been substantial compliance with the requirements of this Agreement or any amendments thereto. If the Board determines that revocation of this Agreement is not necessary, the Board may amend the terms of the Agreement to provide for any reasonable condition necessary to assure compliance with the requirements of this Development Agreement, and any extensions or amendments thereto. Either party or any aggrieved or adversely affected person may file an action for injunctive relief in the Northstar Resort Hotel and RV Park Development Agreement Page 11 Doc# 1859469 2011-11-01 Bk# 2543 Pg# 970 Circuit Court for Monroe County to appeal the revocation or amendment of this Agreement. G. Term. The initial term of this Agreement shall be ten (10) years from the Effective Date. This Agreement may be extended by mutual consent of the Board and the Developer, subject to the County's public hearing requirement. H. Record: Submission to State Land Planning Agency Within 14 days of approval the Clerk of the Board shall record the Agreement in the Public Records of Monroe County, at the expense of the developer. A copy of the recorded Agreement shall be submitted by the County to the State Land Planning Agency within 14 days after the Agreement is recorded. If this Agreement is amended, canceled, modified, extended, or revoked, the Clerk shall have notice of such action recorded in the public records and such recorded notice shall be submitted to the Florida Department of Community Affairs. I. Effective Date, This Agreement shall be effective 30 days after its receipt by the State Land Planning Agency. J. Annual Review. The County shall review the Development Agreement pursuant to ss. Sec. 163.3235 of the Florida Statutes. In the event that any state or federal law is enacted after the execution of this Agreement that is applicable to and precludes the parties from complying with the terms of this Agreement, then this Agreement shall be modified or revoked as is necessary to comply with the relevant state or federal law. Prior to modifying or revoking this Agreement under this provision, the Board shall hold two public hearings. K. Enforcement. Either party, any aggrieved or adversely affected person, or the state land planning agency, may file an action for injunctive relief in the Circuit Court for Monroe County to enforce the tenons of this Agreement or to challenge compliance of this agreement with the provisions of ss. 163.3220-163.3243. L. Notices. The parties designate the following persons as representatives to be contacted and to receive all notices regarding this Agreement: Northstar Resort Hotel and RV Park Development Agreement Page 12 Doc# 1859469 8k# 2543 Pg# 971 For the Board: County Administrator County of Monroe 1100 Simonton Street Key West, Florida 33040 with a copy to: County Attorney Monroe County Attorneys Office PO BOX 1026 Key West FL 33041-1026 2011-11-01 with a copy to: Growth Management Division Director Growth Management Division Marathon Government Center 2798 Overseas Highway Marathon, FL 33050 For the Developer: Mr. Jim Saunders 102901 Overseas Hwy. Key Largo, FL 33037 with a copy to: Joel Reed C/O Jim Saunders 102901 Overseas Hwy Key Largo, FL 33037 Any change in the person designated by a party to receive notices hereunder shall be communicated in writing to the representative of the other party designated hereunder. M. Successors. Assigns and Assi vents This Agreement shall be binding upon the parties and their successors and assigns. This Agreement, or portions hereof, will not be assigned by Developer, without the express written approval of County, and such approval shall not be unreasonably withheld. In the event of an assignment, the Developer shall provide notice to: County Administrator County of Monroe 1100 Simonton Street Key West, Florida 33040 County Attorney Monroe County Attorneys Office PO BOX 1026 Key West FL 33041-1026 Growth Management Division Director Growth Management Division Northstar Resort Hotel and RV Park Development Agreement Page 13 Doc# 1859469 Bk# 2543 Pg# 972 Marathon Government Center 2798 Overseas Highway Marathon, FL 33050 2011-11-01 IN WITNESS WHEREOF, the parties hereto have caused the execution of this Agreement by their duly authorized officials as of the day and year first above written. Signed, sealed and delivered in the Presence of. - Print Name: w Witness Print Nari Witness STATE OF FLORIDA COUNTY OF MONROE NORTHSTAR RESORT ENTERPRISES CORPORATION a Florida corporation By: /12 i Its: , VP The foregoing instrument was acknowledged before me this day of Noun 6�1L2011, by APA � -s SRC NOX F ik S , the U« E vLz5, pxAjjr of Northstar Resort Enterprises Corporation, a Florida corporation, who is personally known tome, or who has produced as identification and -who did/ not take an oath. Notary Seal �, 0 Notary PWbli State of Florida Print N My Commission Expires: — Northstar Resort Hotel and RV Park Development Agreement Page 14 2011-11-01 Danny L. Kolhage, Clerk Deputy Clerk STATE OF FLORIDA COUNTY OF MONROE "X; 1859469 12543 Pg# 973 BOARD OF COUNTY COMMISSIONERS MONRO (, LORIDA By. z•�� Mayor APPROVED AS TO FORM AND CORRE �ES ' By: Susan Grimsley ssistant Count Attorney The for going instrument was acknowled ed before me this _ da of ,2011,b 8 Y Y ��e M yor of the Board of County Commissioners of Monroe County, Florida, who is personally known to me, or who has produced as identification and who did/ V not take an oath. Notary Seal Notary Public, Stat f Florida Print Name: j 4 � l e z A k) D s My Commission Expires: VAYMTUAWO NO" PWft - shM d ibdb • W co�alo� E�gora Alq, t� 20t2 eawbd ttroup� NiNenM NorryArN, Northstar Resort Hotel and RV Park Development Agreement Page 15 2011-11-01 Doc# 1859469 SO 2543 P9# 974 Exhibits A. Survey with Legal Description of Northstar Resort B. Resolution P47-03 C. Development Order #04-04 D. Development Order #05-04 E. Resolution P55-03 F. Resolution P56-03 G. Resolution P02-07 H. Easement I. Conceptual Phasing Plan Northstar Resort Hotel and R v Park Development Agreement Page 16 Northstar Resort Development Agreement: Exhibit A - Page 1 of 7 LEGAL DESCRIPTIONS Doc# 1859469 � , 1 8k# 2543 Pg# 975 A Portion of Lcks B and 12 in section 32. Township 51 South, Range 79 East a:rarding +o Iie Modell Land Cnmpany Plat as r!carrf4 in Plat Book 1. .A Pflge 53 ->t t, a piit)l u Bea rds -af f4mr,:e C. iiUnty, Flonda on Kay tar:ja, ,Airta rn are w, ,,twc rlorly desenbed cis folows: From the intersection crf the East line of scrod Lot A and the l''o,th*e terly r. w ant !.,f 'jtt:,+r Roa(i r4o. _ ('f_mner F,E c R.R therict pr",eed S 43 20' W 9-mq raid Nir hwfys+erty r,/* line ''�fi�_-, th.+ F'-e+r+t 'rf F�.►1_zlrrn'1 ref ';Ill+ '.,`:� +t hwr!r'11ti?tt�r ia.,�,1}..,ws�. thence proceed N W07'32" iM $76' more or leas to the Leon High Tide Line of Buttonwood Sound; thernee meander sold Mean High Tree Line in a Southwesterly direction, 135' more ar less to the west lane of said Lots 3 and 12: thence ;r)cz¢d S E along 3aild Feat line of Lots 8 and 12. 746', more or lesss to said NoOth- 6vest0ity r/w line: thence proceed N 43'20' E, along ic*d North- 00esteriy r/w/ line 286.50 the Point of Beginning. F'Imrrl I A portion A Trocts 4, 3 :od UA in '�;actien �2. Township " l `', arch. Range .39 East on Key Lorgo, occording to 'Model Land Co 3. Plat recorded in Plat Book 1 at Page 68 of the Public Records of Monroe 1-0.. Fla..:-xx+e partieularty described as follows- From the intersection ->f the East line of scid T. act 8 and the 114vrthwesterly ;right :,t way line the {} omeos Hiighwcy, run South 4.'20' West along said North— nerstorly right of woy line a distance# of 320 test to the paint of beginning of the parcel hereinofter described: thence continue South +3`20' '+vast along sold right o4 way line, a distance of 200 ffi : thence North 10'0732' 'Nest, a distance of 569.5 ft . 'Wore or less to the shore of Buttonwood Sound; thence Northeasterly meandering said shoreline, a distance of 200 ft.. move or less to o p-n t of intersection with a lire #�hic;h runs t4orrh 1907'32 Ale-t from the p%iont of htginadv); !hence =;ouch 1lT07' 32" East, a distance of '369.3 ft.-more or lost to the point of beginnings. And also that certain land better described as Leitner's Subdivision according to the Plot thereof as recorded in Plot Rook 3 at Page 177 of the Public records of Monroe County, Florido (which said plot has now been r, • ak-d and duly ,OcateJ) :aid aba,e -fe:.cribe4 Flat ;�t Leitner', Subdivision also being commonly known as foUa*s: Start of o ,point where Lot 8. Section 32. Township 61 'South, range 39 East intersects the Right �f Wuy line of US, t cj*way lJa 1 tlarn-,erly FE.C. R/)N fine) and the Northwest aide of vynodword 'Noy, thence �)t an angle of 135' 15' Southrnesterly a distance of 200 feet to the paint of beginning; 'hence South +3' 2G' 'crest along the Northwesterly Right of Way line of U.S. Highway No. I a distance of 120 feet; thence North 10'07'32' West, to the waters edge of Buttonwood Sound, a distance of apprarimotrly 569.5 feat; thence North 47 IS'East o distance of 120 fist; thence South 9 46'29' East a distance of 563.06 toot to the Point of Beginning, Doc# 1859469 8k# 2543 Pg# 976 Northstar Resort Development Agreement: Exhibit A - Page 2 of 7 Parcel 3 The southerly, 50.00 feet of Lot 3 Block 3 El Dorado Heights, according to the lot thereof recorded in Plat Took 1 at Page 203 of the public records Df Monroe County, Florida. Containing 3,749 square feet more or less. Together with portions of the following described parcelsi The "outh one—half of the follo.Ning described property to ^It- The �'fgst 45 feet of the East 120 feet of those parts of Lots 9 and 11. lying North of the Florida East Coast Railway Company's right of way, according to the Plat ther-of, as recorded in Plat Book I, it Paqe 68, of the Publr. Pscords of l`,Aonrce +::otlilty, Fl7)ri•jn; Arad The Eaw.t 75 feet of those parts of Lots a and 11. 1- inq N-arth •-,t th- Flondn E.a�t C• past R- iley,av iaar'r,zri.�ht �f May, according to the Flat thereof, as' recorded in Plat Book 1, at Page 68, of the Public Records of Monroe County, Florida, said lands lying and being in Section 32, Township 61 South, Range 39 East, Monroe County, Florida. •subject portions being more particularly described as follows: Bubdnviat nhwith tthe southerlythe ee oft Lot line Block 13Dof said ErhDorado Heights according to the plat thereof recorded in Plat Book I at Page 203 the public records of Monroe County, Florida, said southerl line beingg also he northwesterlyY right of way line of State Road No. 5 US Highwdy No. 1) 100 feet northwesterly of centerline of said State Roa No 5. From said Paint of Beginnin , run thence S 02'00 43 E along said easterly line -,f laid El N-rado Haiah.s for a distance of 42.17 feet to the nvrth ,sterf right of wa line cf said State Road No 5, ; 0 feet rigrthwesterly of centerline_ of saidY State Road No 5; thence run Pl 43'20 00 E along aid r i ht of Yea line for a di tonce of 16gvp6 fejt to o 1 inch s ware iron red (origin Jenkins pins on the east fine o of 1 1, accor�mg to Plat Book 1 Y qe 68 of Public Records, Monroe County, Florida; thence run N 02 04 0$ W a7ong said east line of Lot 11 for a distance of 2112 feet more or less to on existing :hain link fence; thence run .r le: , +id :horn link tent in ,a ;cuth M t -I' dir=: tion t^r 120 55 f. et mere r le a rgint ,n the �asteriy line of said El Dorado Heights; thence run 5 02'00'43 E along said easterly line of said El Dorado Heights for o distance of 280.2 feet more or less to the Point of Beginning. Containing 32,090 square feet, more or less. AND: Doc# 1859469 8k# 2543 Pg# 977 Northstar Resort Development Agreement: Exhibit A - Page 3 of 7 Parr al 3 The 3njth*rty 3t1.00 feet rat I, - the 3 Esfs�ck 3 I CoredQ Hel�9 lihes, ac ardlnq to the� plot !he' eof' rei:�r�i ed in PI t bc;ak �oqs 1Q3 of the pub records Of Monr�os aunty, FFortda. Con�rafnlnq 3. 4 aquw feet more ar teas. Together �sith portfons of the frA!0wing descrtk.*eol parcels The ` ,"th _ors —half = f the+ tc,llawing !—tcnbod or ,potty to wit: The west +5 fee4 of the East 12.0 feet of thus! parts If Lots 9 and 11. lying North of the Florida East roo3t F�ilKc7y 'Mo.-npany'3 rigor f ti.c7g, ��» r'ing to the Plat ttierecf. :3s recorded in Plot Book 1, of Page B, :f the F ublie^ R'e-zc4js �,f i,farer;,4 +_'„(rrjty. i't�o; A,n-t Tiir Eai't VV teet ;4 th"o ports of Lots 9 ono 11. lying North of the Florida East Coast Rot" Company's right of Nay, accordng to the Plat thereof, os mcorded in Plot Book 1, A Page 68, of the Public Records of Monroe County, Florida, said lands lying artd being in Section 32, Township 61 South, Range 39 East, 40nme County, Florida. subject ,portions being more particuiarty described as follows: F3eg1� It the Intersection of the eastast 1 ne ¢f Ell Dorado He s subdlvision with th southerly IIne of I�cit 8{c�cN 3 of sold E! G'anado Heights according to the pplat thereof roc rdg n Plat book 1 •at Page 203 of the' ublic records of FAonroe Coup florido, said south" line bein also 1" northwesteAy .iaht of way lin�"of State R4xd No. 5 ' US Hi be �^Ja, fret noaw•►1;t;e�rl of ent�rtine E�f 'S'U , to Read tfo , Y Irom 'soid Point of �i "'1E' run thence S 02'00 43 alo�q sayd aaterb ns, of said El ern f.M, . ram, n _...._-- _. .,. . QQ y ��n1 •qq se cv un n rm n e t o}T sold 3fj'e ooJ 4 hone r+rn "tY 43t� 4� � gsriy rt an ri=7W, (jne fos- €� >ti�ta rc f 1 ' . 6 1 i h uarg emk--rsa pin) ch tit eas� ine :# Lot 1 1, to Flat &ock `1. page 68 of Public Records, Monroe County Florida thence run N r}Z04 00 w a11oeg said cast line of Lot 11 for a distance of 211.2 feet moro or toss to an #xatin chain iinft fw�co, th ♦ r n a any said cl+ain lime fence in o aau#hw. rI SW';*g' ' far. IBM fr►o rnan nr Isss to t ran the-msterty line of so dda Her�Ats: thence run 5 �J2 "4 E along said eas erly line of sor ""Its for I distance of 280.2 feet more or less to the Point of Beginning. C-ontaining 2.090 squors fact, more -,ar less. N D: vommence at the intersectic su1,vision�with tthe49 utherl� >�publicrdrator`gep�ar ,(o r� a iorthwc_ter! right No. 1) V')0 feet nort'hwe rlerl From said Point of Comrnern line of said E�ry� C'orodo Heighl in exi"fln cha III fe. ce Qr el of land. res sQid P1 3al� easterly Wins of .,aid 13 gEE1 oint: thence run N 1 L%l oq t an le i e in e tign wi�tht Flo iQa. thon o run 07t10"{ for a distance of 50.00 feet said chain link fence in �,a s<1 on aimnq �'i,4 tsquoroe feet of the easte line of El Dorado Heights ne of Lot 9.1rcin k 3 of said El porado henetof roc Plat Book I # Pogq 203 i Count . , said southerly Dina ,hang walr tin of Mate Roo No. 5 US HrWhwdy of centerline of said State No o. neat, run thence N 02'0043 along said easterly forthe a 'olnt cf jteer��` ) 2 felt more or less too t of 8aginni �aTinungNo b` Scribed �p do Heiahtnnor a dis once of 57.71 fret o 1 E for a- distance of 120.34 feet to a r easterly lime of Lot 11. 4ccordin to the plot Jp 5$ at 07 gublic records cf m nroe aunty. atonq sai astarfy one of said Lot 1 i on existing chain fink fence. thence run along hwesterly direction for a distance of 120 55 feet nninq ieo�e or less Doc# 1859469 8k# 2543 Pg# 978 Northstar Resort Development Agreement: Exhibit A - Page 4 of 7 Parcel 4 A inarcal of land ^n Key l..oroo, Mcnnroe Ccnunty, Florida. hying part of the East 75 feet of Lots 4 and 11, and Part of the West 45 feet of the East 120 feet of Lots g and 11, all as recorded in Plat E,:.ok 1, Page` 8 of the public records of h.rlltnrne p,_'ounty, Florida, .and 1heinq more rporticukrfy described o s fnll�w y: Parcel I: Commence at the intersection of the east line of El Dorado Heights subdivision as recorded in Plot Book 1. 4t I ? f h .�k .�� Mc,- ,-f ilrm-rg Fl�ri.a., ,th tha Y+,th line rf Lrt '), Block 3 :,t -mist : gib livinion, ,'JiJ `--,uth !in,,� k+esng of _o 4h? ?t "-ay Ili' t of State Road No. 5 (US Kghwoy No. 1 ) 100 feet northwest ot the centerline of said highway; run thence North 2 'degrees 00'43" Nest :along ,aid oast line of laid E1 Dorado Heights ;:subdivision for a distance of 337 g1 feet to the Point of Beginning of the hereindescribed parcel; from said Point of Beginning, continue North 2 degrees 00'43" Nest olong said east Ilne of Said EI Dorado Helqhts for a distance of 337 feet more or less to the shoreline of Buttonwood Sound: thence meander :old shoreline in a narth"sterly direction t °,r ra c 'r Gary +e i l.'t� t et 1`r1f�i'1 nr la to an intorsectian "Ith the lost line =af the said Lot 9, Plot Book 1, Page A; thence run South 2 degrees 00'00"East along said east line of said Lot 9 and along the east fine of said Rot 11. Plot E°*o* I, P ''6.. for -a 4iittjnc.!. cl 444 rnc.4re, or to a point on the ;aid east line of said Lot 11, laid point being at right angles with the Point of Beginning of the h"indescinibed parcel; thence run 'South 88 degrees 00'00" hest. at right ar►$ss with the previously :fescribed course for a distance of 120.34 to the Point of Beginning of the �tMpindescribed p<wcel. Lzt 3, Block 3, El Uorado Heights, less the south .50.0 feet thereof, according to the plat thereof, recorded in Plat Book 1 at Page 203 of the public records of Monroe County, Fkwida. Doc# 1859469 Bk# 2543 Pg# 979 Northstar Resort Development Agreement: Exhibit A - Page 5 of 7 P-arcel 5 A part of Lots 4 and 8 in Section 32, Township 61 South, Range 39 East, mor9 particularly described as follows: Commencing at o point where Lot .3, Section 32, Township 61 South, Range 39 East. intersects the Northerly side of U.S. Highway #1 (formerly Florida East Coast Railway right of way) and Woodward Way, and from said point at an angle of 135' 15 00" (136'29'00" measured) run Southwesterly 200.00 feet; thence at an angle of 33' 16'29', run northwenterly 563.99 feet; thence run Northeasterly, mtindering olona the voter's edge 142.00 feet, more or less; thence run 5 49'42'13"E for 13`1.90 thence run N 59`59'" E fcr 45.00 feet; thence run along 'Noodward 'Nay Southeasterly a distance of 415.29 feet back to the place or Point of Beginning, Parcel A ;.7-rti_,n .-f Trq -ts .a ,ind 12 in =;3 +i>>n �2 T-wrr;hilp '!1 Range 39 East on Key Largo, according to Model Land Co. Plat recorded in Plat Book 1 Page 68, Public Records of Monroe County, Florida more particularly described as follows: From the intersection of the East line of said Tract B and the North— 'Nesterly right of way line of the Overseas Highway run 5.43'20' W, olong the said Northwesterly right of way line a distance of 520 ft. to the point of beginning of the parcel hereinafter described; thence continue South 43'20' W. along said Northwesterly right of way line a distance of 100 It.; thence North 10' 07' 32" W, a distance of 578 ft. more or less to the shore of Buttonwood Sound; thence Northwesterly meandering said shoreline a distance of 100 tt., more or IWss to the point of intersection with a line which run, North 10* 07' 32" W. from the point of beginning; thence S. 10'07'32" E. a distance of 569.5 ft. more of less to the point of beginning. ACCESS EASEMENT El In at the Intersection of the northwestedy side at Woodward Way .-";J the r`ortheasteerly riot of way line of rUS No. 1, thence rorthwesterty iong said right of way line of Woodward "Way N901'O0''rW for 415.29 t,;ot: thence* leaving said r'agM of way line run S89'59'00"W for goo f"t; thence run W01'00")# for 424.77 feet to an intersection with the easte0y nght of way line of US No. 1; thence run N43`30'00"E '.r 13.07 f et to the P=rim 4 Beginning. Being a 3.0'f section running along the southwesterly side at Woodward `,Way cis more particularly described above, 7 oS Doc# 1859469 8k# 2543 Pg# 980 . attaJ� o ,; 1J1t.11i , allllaa!!! � jf4t3!li3f �� IlrElaEttatl �� tilt �16 j ;�� sltnlEeaEEal '', III 9 i �ll ! 1 ! + ,�!!=t!1 f�j' AM IN. U ,\ \ jlitj�,rfhjs;ll•I t jr, A; �•t'' i1 j• jle. f1f 1 l� A. A � it #ij tiff i # fit A i t 7d , ,s��'��!llai / �j1 J• tiff snf, 11 j 1 1 fill s > > h! I 1 Li t�=3t3"?r'1'�'f ,.1=1�7i1�i'� 1 111111111.\ ff ! f r` w 0 t- H W b Dod 1859469 -- M.475r34Y2m y Yr Pd ----- -- w N.4,•7!'"-j.. Bk# 2543 Pg# 981 % 30o.W ((c/ /a�ilr~ mN yl t *op P tp_ rlr 1 e 1 10 �Q rd ss u z m n I 9 E Ae .mat xdl 19L, 'W �° �" AMRn°a N T �, .� . + s.~rpr() MEIN« M N S. Riparian line le3�pr.+la bproWnau Ordinary H' n o.. WatN fits/44an Nall Watts I O } p~ Une; ENM 2.40' N �+�° •F- .a o -• �«aw f...� I � C•o_�� N� EE n �+ Psi I""" I e ra I� Z o Ln 3 t -, f o a �� ' ,N ry vp Il dlr�� • ��v r r � � � �� `Oo . r a 14A'I r/F +°¢off+' °� eea a Assumed Riparian A + L ne a �NX q, r ♦ +r + c+r . ,* 4 M �JJ Q i 'b 'P ��il M IQ Q 6 C_ �� 0000 a � O O i UN rn !cj s� 4 10.4- •Or � �'•Tr A® r roe. e y dl ey Northstar Resort Development Agreement: Exhibit B - Page 1 of 6 Doc# 1859469 R&40LUTION Pe-w Bk# 2543 Pg# 982 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION APPROVING A MAJOR CONDITIONAL USE REQUESTED BY NORTHSTAR RESORT ENTERPRISES CORPORATION FOR THE CONSTRUCTION OF A RESORT HOTEL WITH EIGHTY-NINE (89) UNITS, 9,158 SQUARE. FEET OF COMMERCIAL USE AND OTHER AMENITIES ON PROPERTY DESCRIBED AS SECTION 32, TOWNSHIP 61 SOUTH, RANGE 39 EAST IN LEIPNER'S SUBDIVISION AND ELDORADO HEIGHTS SUBDIVISION, KEY LARGO, MONROE COUNTY, FLORIDA WITH THE REAL ESTATE NUMBERS 00087940.000100, 00087970.000100, 00083020.000000, 00088030 000000, AND 00088040.000000 WHEREAS, NortWu Resort Enterprises Corporation is the owner of real property desuxi'bW as Section 32. Township 61 South, Range 39 East in Leitaees Subdivision and El Dorado Subdivision, Key Largo, Monroe County, Florida with the Real Estate numbers 00087940.000000, 00097970.000100, 00088020.000000, 00088030.000000, and 00088040.000000; and WHEREAS, the above described property is located in the Suburban Commercial (SC) land use (zoning) district; and VIPHEREAS, the Planning Commission of Monroe County, Florida, in acvor Lance with the provisions of Swoons 9.5-24 and 9.5.69 of the Monroe County Land Development Rcgulations, met at a regular scheduled meeting on June 25, 2003-to review do request of Northstw Resort Enterprises Corporation for approval of a Major Conditional Use for the -on of an eighty-nine (89) unit hotel with 8,1S8 square fed of commercial use and other amenities; and WHEREAS, the Planning Commission reviewed the following information relevant to the request for a Major Conditional Use: . • The application for a Major Conditional Use dated 11/20/02; and • Field survey prepared by Barrow Survey and Mapping; drawing #22557h-3, updated 9/21/01; and • Site plan, Sheet A-1, signed and sealed by Robert Barnes & Associates, dated 4/02102; and • Landscape plan, Sheet L-2, by Brown and C rebbin Design Studio, Inc., dated 5/17/02; and • Staff Report dated May 9, 2003; and • Drainage plan, Shed C-1, by Allen Perez, Perez Engineering and Development, Inc., dated 10/23/02; and • Level III Traffic Study prepared by Transport Analysis Professionals, dated &19/02; and Page 1 of 6 Northstar Resort Development Agreement: Exhibit B - Page 2 of 6 Doc# 1859469 • The following letters of coordination Bk# 2543 Pg# 983 Department of Environmental Protection, dated 12/0= Department of F.nvironmiental Protection, dated 1/09/OI Department of Community A Wrs, dated 1MOO South Florida Water Management District, dated 12J1 "2 Florida Department of Health, dated l l /27/02 Monroe County Solid Waste Management, dad 11/26102 Florida Kays Electric Cooperative, dated 12/03102 Florida Keys Aqueduct Authority, dated 12/03/02 • Sworn testimony of staff • Comments of John Wolfe, Planning Commission Counsel; and • Sworn testimony by members of the public WMRZAB, the Planning Coon adopted the folMvving findlinp of fact and conclusions of law: I.- Based on the materials submitted, to develop an eighty=nine mm hotel with 8,158 agnate feet of eonmereial use the applicant will need to document Ilia existence of the twelve -unit motel formerly o"te via a valid Florida lieeosa If documented, then seventy-seven (77) Transferable ROGO Exemptions (TRH will be required to achieve the total of eighty-nine units. In lien of said documentation 89 THE will be required. Additionally fifteen (15) Transferable Development Rights (TDR) will be required to qualify the proposed development to use the maximum net density for the site per Section 9.54(D4) of the Monroe County Land Development Regulations. Ther+eforq we conclude the appropriate licensing doenmisatatin combination with 77 THE and 15 TDR must be obtained or a total of 89 THE in combination with 15 MR must be obtained prior to the issuance of a building permit. Z Based on the materials submitted for review the project will require an Environmental Resources Permit from the South Florida Water Management District (SFWMD). Therefore, we conclude that said permit must be obtained prior to the issuance of a building permit. 3. Based on die plans submitted a surface water management/oonceptual drainage plan is rn mu rated on Shed C-i. Therefore, we conclude that the County Engineer must review and approve the surface water munagernent/concepiural drainage plan prior to the issuance of a building permit. 4. Based on the material submitted, Florida Department of Transportation (FOOT} permits will be required for any reconfiguration of existing access ways as well as any other appropriate permits identified through the FOOT pre- application Process- Therefore, we conclude that the applicant must receive approval from FDt7T via a letter of intent prior to the issuance of a building permit. Page 2 of 6 Northstar Resort Development Agreement: Exhibit B - Page 3 of 6 S. Based on the plans submitted and the comments of the Monroe County Traffic Consultant, the right turn lane (deceleration lane) does not med FDOT design standards. Therefore, we conclude that the right turn lane must meet the FDOT design standards and be approved by the County Traffic Consultant. 6. Based on the material submitted the proposed development mast coordinate with the Florida Department of Health if wastewater flown are less than or equal to 10,000 gallons per day or with the Florida Department of Environmental Protection if wastewater flows exceed 10,000 gallons per day. Therefore, we � ce conclude that a complete plan review to determine complianwith the provisions CC" of Chapter 64E-6 of the Florida Administrative Code, and Chapter 381 of the a Florida Statutes by the appropriate agency is required prior to the issuance of a building permit. a" e+7 co � N 7. Based on the plans submitted a transplantation plan has not yet been submitted for o Y review. 'Therefore, we conclude that a transplantation plan must be reviewed and m approved by the County Biologist prior to the issuance of a building permit. S. Based on the plans submitted the proposed development will include renovation of the existing docking fWilities, however no o pansion of the docking facility is allowed. Therefore, we conclude that all aspects of the proposed development that are proposed in jurisdictional wetlands or submerged lands will be subjed to review and approval by both the U.S. Army Corps of Engineers and the Florida Department of Environmental Protection. 9. Based an the material submitted all amenities associated with the Northstar hotel are for patron use only including the resteu mit, docking facilities, boat runup, swimming pool, tit- Therefore, we conclude that the Northstw hotel and its .amenities will not be open to the public. Furthermom any departum from this "gated" concept will require an Amendment to a Major Conditional Use. 10. Based on the plans submitted and the coomnnerds of the Planning Commission the proposed development will utilize the maximum net density for the site. The development will also create a need for affordable employee housing that cannot be met on -site. Therefore, we conclude, based on the sworn testimony of the applicant's representative that not less than ten (10) and not more than twenty (20) newly constructed affordable employee housing units consistent with Sections 9.5.4(A-5) and (E-1) will be constructed of%site. 11. Based on the statements of the applicant's agent, the signage for the hotel shall be `limited and appropriate." Therefore, we conclude that one, non -electrified, but lighted, sign may be placed in the property's frontage on U.S.1 to indicate the location of the NordWar hotel. Page 3 of 6 Northstar Resort Development Agreement: Exhibit B - Page 4 of 6 12. Based on the agreement of the applicant's agent, no motorized personal water craft, including but not limited to jet skis and wave runners, will be rented or allowed to be used from the Northster's docking facility or boat ramp. 13. Based on the agreement of the applicant's agent, Qte existing docking facility will remain at sateen slips. Therefore, we conclude that two slips will be appropriated for the hotel's two boats described as a sunset cerise boat and a chaster boat respectively while the remaining fourteen (14) slips will be for patron use only. Ed 14. Based on the agreement of the applicant's agent, any vehicular traffic utilizing Thwmond Street is restricted to automobiles. Therefore we conclude that there � a shall be no commercial deliveries, no tractor -trailer or bus usage of Thurmond Sheet for the purpose of entering or exiting the Northstar hotel. !o 15. Based an Section 9.5-61 of the Monroe County Land Development Regulations �o m the required parking shall be one hrmdred-twenty (120) spaces. Thmfor% we conclude that the surplus land resulting from the reduction of parking spaces lion 238 to 120 shall remain as open space via a gram of conservation easement (GOCIRA)- 16. Based on the agreement of the applicant's agent, one of the two existing boat A amps shall be removed. Therefore, we conclude that there shall be only one boat ramp available for patron use. ` 17. Based on the plans submitted, all outdoor lighting for the proposed development must meet the criteria of sections 95-391- 395 with regard to cut-off lights and lighting in close proximity to the waterfront. .NOW TEDUM"RE, BE IT RESOLVED BY THE PLANNING COBSUSSION OF MONROE COUNTYi FLORWA, that- the preceding findings of fact and conelnsions of law support its decision to APPROVE the request of Nort War Resort Enterprises, Inc. for a Major Conditional Use for the construction of a resort hotel with eighty-nine (89) units, 8,158 square fed of commercial use and other amenities on property described as Section 32, TownsWp 61 South, Range 39 East in Leitner's Subdivision and El Dorado Heights Subdivision, Key Largo, Monroe County, Florida, with the following conditions: 1. The applicant shall document the existence'of the twelve -unit motel formerly on - site via a valid Florida license. If documented, then the applicant shall need 77 Transferable ROGO Exemptions (TRE) to construct eighty -tune (89) hotel units; if not documented then the applicant shall utilize 89 THE to construct eighty --nine (89) units prior to the issuance of a building permit. 2. The applicant shall obtain an Environmental Rwom = Permit firm the South Florida Water Management District prior to the issuance of a building permit. Page 4 of 6 Northstar Resort Development Agreement: Exhibit B - Page 5 of 6 3. The County Engineer shall review and approve the surface water managemeart/eonceptu81 drainage plan prior to the issuance of a building permit. 4. The applicant shall obtain Florida Department of Transportation (FOOT) permits for aury reconfiguration of access ways and any other appropriate permits . identified through the FDOT pre -application process prior to the issuance of a building permit. � 5. The proposed right turn, deceleration lane shall meet FDOT design criteria and be C" approved by the Monroe County Traffic Consultant prior to the issuance of a cna building pmmiL rn o r (L A compWo plan review to determine compliance with the previsions of Chapter N 64M of the Florida Adrnioistrativa Code and Chapter 381 of the Florida Statutes o m for on -site Wastewater treatment by the appropriate agency (Florida Department of Health, if flow is leas than 10,000 gallons a day or Florida Department of Fnvironmeurw Protection, if flow is more than 10,000 gallons a day) prior to the issuance of a building permit, 7. The transplantation plan must be submitted and approved by the County Biologist prior to the issuance of a building permit: 8. All aspects of the proposed development that are in jurisdictional wetlands or submerged lands, including the renovation of the existing sixteen slip docking facility must be reviewed and approved by both the U.S. Army Corps of Engineers and the Florida Department of Bnviirommental Protection prior to the issuance of a building permit, 9. The Northstar hotel and its amenities shalt not be open to "time public" and any departure fiam this "Sete„ concept shall "require an Amendment to a Major Conditional Use. 10. Net less than ten (10) and not more than twenty (20) newly constructed affordable housing employee Wusiug units consistent with Sections 9.5-4(A 5) and 9.54(U 1) "1 be constructed off -site. The employee units shall be completed prior to the. issuance of a Certificate of Occupancy for the Northstw hotel. 11.Ons non -clarified, but lighted, sign shall be placed in the property's frontage on U.S.1 to indicate the location of the Northeast hotel. 12. No mlro M7ad personal water cm% including but not limited to, jet skis and wave numers will be rented from or allowed to be used from the NorthsWs docking facility. - Page 5 of 6 Northstar Resort Development Agreement: Exhibit B - Page 6 of 6 13. The existing docking facility will remain at sixteen (16) slips with two slips being appropriated for the hotel's sunset cruise boat and charter boat while the remaining fourteen (14) slips will be for patron use only. 14. V&kWw traffic associated widt the Nwthstar hotel utilizing Thurmond Street shall be restricted to automobiles and there shall be no commereiial deliveries, no tractor trailer or bus usage of Thurmond Street. 15. Pm uW to Section 9.5-61 of the Monroe County Land Development Regulations the requited parking shall be one -hundred twenty (120) spacers. The surplus land ff— resulting from the reduction of parking spares from two -hundred thuty-eigbt c" (238) to one -hundred twenty (120) shall remain as open space via a Grant of cn On Cbnsuvation Easement (GOCEA). os _ � .16. One of the tyro cdsting boat ramps shall be removed leaving one boat nsa�mp for N patron use. 4u"""" V == O Y 9M m 17. All outdoor lighting for the proposed development must mod the criteria of Sections 9.5-391-395 with regard to cut-off lights and lighting in close proximity to the waterfront. IIV,�,. r PASSED AND ADOPTED by the Planting Commission of Monroe Comity, Florida, Chair Ritz YES Commissioner Coleman - YES Commissioner Margalli YES Commissioner Putney YES Commissioner Waling YES PLANNING COMMISSION OF MONROE COUNTY, FLORIDA By R7 David Ritz, Chair Signed this /d S"- day of her 2003 Page 6 of 6 Initial Northstar Resort Development Agreement: Exhibit C - Page 1 of 3 MONROE COUNTY OFFICIAL RECORDS FILE >R1 4 6 3 4 3 5 RCD Aug 17 2004 09:29AM HK*2 0 3 5 pO#Z 3 4 DANNY L KOLHAG$, CLERK MONROE COUNTY FLORIDA MINOR CONDITIONAL USE DEVELOPMENT ORDER # 4-04 A DEVELOPMENT ORDER ESTABLISHING THAT 47 ROGO EXEMPTIONS FROM NORTHSTAR RESORT ENTERPRISES, INC. ARE ELIGIBLE FOR TRANSFERENCE WHEREAS, Northstar Resort Enterprises, Inc. is the owner of property legally described as Parts of Lots 4, 8, 9, 11 and 12, Section 32, Township 161, Range 39, Island of Key Largo, Monroe County, Florida and is addressed as: 99500 Overseas Highway with Real Estate Numbers: 00087940.000100, 00087970.000100, 00088020.000000, 00088030.000000, and 0 00088040.000000; and os a WHEREAS, the above described property is located in the Suburban Commercial (SC) o land use district, and the future land use map designation (FLUM) is Mixed Use/Commercial N (MC); and O Y m WHEREAS, the applicant is seeking development approval to establish 47 residential ROGO exemption units (TREs) for off -site relocation; and WHEREAS, the Biologist has determined that the habitat is disturbed with some scattered native trees and no hammock on -site; and WHEREAS, the Development Review Committee (DRC) of Monroe County, Florida, in accordance with the provisions of Sections 9.5-24 and 9.5-68 of the Monroe County Land Development Regulations, met to review the request of Northstar Resort Enterprises for approval of the application for transfer of 47 ROGO exemptions on May 18, 2004; and WHEREAS, the Development Review Committee reviewed the following documents and other information relevant to the request for approval of a Minor Conditional Use: 1. A completed application for development approval for transfer of ROGO exemptions (Sender Site) which included all documents required by the application dated March 25, 2004; and 2. A sender site staff report prepared by by Jason King, Planner and Niko Reisinger, Biologist dated May 11, 2004; and DO # 4-cw Northstar TRF. Sender Site 6/24/2004 5:11 PM FINAL Page 1 of 3 Initialszg%c Northstar Resort Development Agreement: Exhibit C - Page 2 of 3 Doc# 1859469 Bk# 2543 Pg# 989 FILE it1 4 6 3 4 3 5 BK*2035 Prg235 WHEREAS, based upon the information and documentary evidence submitted, the Development Review Committee adopted the following findings of fact and conclusions of law: 1. The Northstar Resort Enterprises, Inc. had a valid operating permit from the Department of Health and Rehabilitative Services for 45 mobile homes, which were accounted for in the 1988 Monroe County Mobile Home and RV Study; and 2. There is also a one-story concrete residence and a two-story residence on the premises recognized as established in the Letter of Understanding dated January 5, 2004; and WHEREAS, the Development Review Committee, based on its findings of fact and conclusions of law, recommended approval with conditions of the application for development approval of transfer of 47 ROGO exemptions; and WHEREAS, the Director of Planning has duly considered the recommendation of the Development Review Committee; and WHEREAS, the record established, the testimonies, offered, and the evidence submitted, support the findings of fact adopted by the Development Review Committee: NOW THEREFORE, BE IT RESOLVED BY THE DIRECTOR OF PLANNING OF MONROE COUNTY, FLORIDA, that the request by Northstar Resort Enterprises Inc. to approve for transfer of ROGO exemptions of 47 Non -transient TREs is hereby APPROVED with the following conditions: l . The sender units have been assigned unique identifier numbers that shall be used for tracking and monitoring by the Planning Department. The unique identifier numbers listed below shall be itemized in the conditional use orders and building permits required for both the sender and receiver sites. The unique identifier numbers for eligible transferable residential units are identified in Development Order # 4-04 as Nos. A-0153 through A-0200. 2. No building permit shall be issued for the new unit on the receiver site until one (1) of the following conditions are met: a. The units are demolished as per an issued demolition permit and a final inspection for the demolished units or spaces have been completed by the Building Department are for the sender site; or b. The units are removed pursuant to a development approval, development order, or development permit and a final inspection for the removed unit is completed by the Building Department for the sender site. DO # 4-04 Nortlwar'FRE Sender Site 6/24/2004 5:11 PM FINAL Page 2 of 3 Initials Northstar Resort Development Agreement: Exhibit C - Page 3 of 3 Doc# 1859469 8k# 2543 Pg# 990 FILE ttl 4 5 3 4 3 5 HK# 2 0 3 5 PG# 2 3 5 The applicant shall have five (5) years from the date of the approval of the Minor Conditional Use to transfer the eligible units, identified in Development Order # 4-04 as Nos. A-0153 through A-0200, or the Minor Conditional Use shall become void and Northstar Resort Enterprises, Inc. shall be required to apply for and secure a new minor conditional use permit for future transfers off -site. The Director of Planning may extend this time limitation and grant an additional two (2) years for the allocation and transfer of the residential ROGO exemption units upon written request and for good cause shown. � D Date K. Marlene Conaway Director of Planning and Environmental Resources HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgments, personally appeared K. Marlene Conaway, to me known to be the persona described in and who executed the foregoing instrument and he acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State last aforesaid this .79r4 dayof 2004. NICOLE U. PETRICK d - NO" Public - MW of FWft M, Q,, NW EVft JW A= NOTARY PUB IC, STATE OF FLORIDA (6&ftHVd1e+d1R9K44lat is development order constitutes an amendment, extension, s conditional use permit, that document may be referenced by the following N/A "NONE" NOTICE If this development order is appealed under the Monroe County code or by the Department of Community Affairs, the above time limits shall be tolled until the appeals are resolved. This instrument shall not take effect for thirty (30) working days following the date of memorialization thereof, and during that time, the permit shall be subject to appeal as provided in Section 9.5-521(c) of the Monroe County land development regulations. An appeal shall stay the effectiveness of this instrument until resolved. In addition, please be advised that pursuant to Chapter 9J-1, Florida Administrative Code (FAC), this instrument shall not take effect for forty-five (45) days following the rendition to the Florida Department of Community Affairs. Pursuant to FAC Section 9J-1.003(2), "Development orders shall not be rendered until the time within which to file any local administrative appeals pursuant to local ordinances has expired." During that forty-five days, the Florida Department of Community Affairs may appeal this instrument to the Florida Land and Water Adjudicatory Commission, and that such an appeal stays the effectiveness of this instrument until the appeal is resolved by agreement or order. DO # 4-Oa Northstar T'RF Sender Site 6/24/2004 5:11 PNI FINAL Page 3 of 3 MONROR COUNTY OFFICIAL RECORDS Initials Northstar Resort Development Agreement: Exhibit D - Page 1 of 3 MONROE COUNTY OFFrCIAL RECORDS FILE Nl 4 6 3 4 3 4 RCD Aug 11 2004 09:31AM 9K# 2 0 3 5 PG# 2 4 0 DANNY L KOLHAGE, CLERK MONROE COUNTY FLORIDA MINOR CONDITIONAL USE DEVELOPMENT ORDER # 5-04 A MINOR CONDITIONAL USE DEVELOPMENT ORDER ESTABLISHING THAT 47 ROGO EXEMPTIONS MAY BE RECEIVED AT THE FLORIDA KEYS RV PARK WHEREAS, Northstar Resort Enterprises, Inc. is the owner of Florida Keys R.V. Resort property and is described as Parts of Lots 5, 12, and 13, Section 6, Township 61, Range 40, Island of Key Largo, Monroe County, Florida. [6-61-40 ISLAND OF KEY LARGO PT LOTS 5- 12-13 OR463-879 OR 735-585 OR 735-586-589 OR 1014-2340(DCP) OR 1175-2027 / 30AMFJ(CW) OR 1180-1670/71(CW)J; and LON Co - a WHEREAS, the above described property is located in the Suburban Commercial (SC) o r--j, land use district, with the future land use map designation (FLUM) of Mixed Use/ Commercial (MC); and N V � O Y o m WHEREAS, the applicant is requesting development approval for transfer of 47 ROGO exemption units (TREs) to the above described property henceforth referred to as the receiver site; and WHEREAS, the Biologist has determined the site to be disturbed with some scattered native trees and that there is no hammock on the property; and WHEREAS, the current request to transfer 47 residential ROGO exempt (TRE) units from Northstar Resort Enterprises, Inc. to the Florida Keys R.V. Resort is being made in lieu of condition number ten of Resolution P47-03, which states, "Not less than ten (10) and not more than twenty (20) newly constructed affordable housing employee housing units consistent with Sections 9.5-4(A-5) and 9.5-4(E-1) shall be constructed off -site. The employee units shall be completed prior to the issuance of a Certificate of Occupancy for the Northstar Hotel. "; and WHEREAS, the Development Review Committee (DRC) of Monroe County, Florida, in accordance with the provisions of Sections 9.5-24 and 9.5-68 of the Monroe County Land Development Regulations, met to review the request of Northstar Resort Enterprises, Inc. for approval of the application for development approval of transfer of 47 ROGO exemptions; and WHEREAS, the Development Review Committee reviewed the following documents and other information relevant to the request: 1. A completed application for development approval for transfer of ROGO exemptions (Receiver Site) which included all documents required by the application dated March 25, 2004; and DO # 5-04 Northstar IRE Receiver Site 6/24/2004 5:1 l PM FINAL Pave 1 of 3 Initials Doc# 1859469 Northstar Resort Development Agreement: Exhibit D - Page 2 of 3 FILE #1453439 8k# 2543 Pg# 992 B K# 2 0 3 .5 P G# 2 4 1 2. A receiver site staff report prepared by Jason King, Planner and Niko Reisinger, Biologist dated May 11, 2004; and WHEREAS, based upon the information and documentary evidence submitted, the Development Review Committee adopted the following findings of fact and conclusions of law: Based upon the information and documentary evidence submitted, the site in question complies with the criteria under Section 9.5-120.4 through 9.5-120.5. Therefore, we find that the Florida Keys RV Park is an appropriate receiver site for 47 TREs from Northstar Resort Enterprises, Inc.; and WHEREAS, the Development Review Committee, based on its findings of fact and conclusions of law, recommended approval with conditions of the application for development approval of transfer of ROGO exemption; and WHEREAS, the Director of Planning has duly considered the recommendation of the Development Review Committee; and WHEREAS, the record established, the testimonies, offered, and the evidence submitted, support the findings of fact adopted by the Development Review Committee: NOW THEREFORE, BE IT RESOLVED BY THE DIRECTOR OF PLANNING OF MONROE COUNTY, FLORIDA that the request by Northstar Resort Enterprises Inc. to receive 47 Non -transient TREs is hereby APPROVED subject to the following conditions: 1. A building permit will be required for the development of units at the receiver site. A major conditional use application will also be required for the development of those units at the receiver site. The major conditional use development will require a Pre -Application Conference in which the following shall be required in the form of a Letter of Understanding: a) The receiver units must be attached dwelling units pursuant to Section 9.5-120.4 (B) (i); and b) The receiver units meet the criteria for affordable housing pursuant to Sections 9.5 -4 (A-5) and 9.5-266; and c) Any development application must demonstrate with a traffic study acceptable to Monroe County traffic engineers that their proposed development will not impact hurricane evacuation times; and d) The development conforms to all other Land Development Regulations. 2. The unique identifier numbers assigned to Northstar Development for eligible TREs are identified as A-0153 through A-0200. DO 4 5-04 Northstar THE Receiver Site 6/24/2004 5:11 PM FINAL Page 2 of 3 Doc# 1859469 Bk# 2543 Pg# 993 Northstar Resort D$yf�RmVrJATeg"Tl�f Ji16D - Page 3 of 3 BKI203 5 PG4t242 3. The applicant Northstar Resort Enterprises Inc., shall have three (3) years from the date of the approval of the Minor Conditional Use to utilize the 47 TREs and to complete construction of all structures for which the TREs were granted, or the Minor Conditional User shall become void and Northstar Resort Enterprises Inc., shall be required to apply for and secure a new Minor Conditional Use for the transfer of TREs to the site. Date K. Marlene Conaway Director of Planning and Environmental Resources HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgments, personally appeared K. Marlene Conaway, to me known to be the persona described in and who executed the foregoing instrument and he acknowledged before me that he executed the same. my hand and official seal in the County and State last aforesaid this a9 V-1A day of NICOLE V. PETRICK Nob y Pubiic - Stab of FiOrldo My Comer M ExIM Jun 2t 2008 Commisslon i DD037854 NOTARY PUBLI , STATE OF FLORIDA REFERS pment order constitutes an amendment, extension, variation, or alteration of a previous conditional use permit, that document may be referenced by the following N/A "NONE" NOTICE If this development order is appealed under the Monroe County code or by the Department of Community Affairs, the above time limits shall be tolled until the appeals are resolved. This instrument shall not take effect for thirty (30) working days following the date of memorialization thereof, and during that time, the permit shall be subject to appeal as provided in Section 9.5-521(c) of the Monroe County land development regulations. An appeal shall stay the effectiveness of this instrument until resolved. In addition, please be advised that pursuant to Chapter 9J-1, Florida Administrative Code (FAC), this instrument shall not take effect for forty-five (45) days following the rendition to the Florida Department of Community Affairs. Pursuant to FAC Section 9J-1.003(2), "Development orders shall not be rendered until the time within which to file any local administrative appeals pursuant to local ordinances has expired." During that forty-five days, the Florida Department of Community Affairs may appeal this instrument to the Florida Land and Water Adjudicatory Commission, and that such an appeal stays the effectiveness of this instrument until the appeal is resolved by agreement or order. RONROR COUNTY OFFICIAL RECORDS DO 4 5-04 "fRE Receiver Site 6/24/2 6/24/2004 5:11 1'M FINAL Page 3 of 3 Initials a Northstar Resort Development Agreement: Exhibit E - Page 1 of 3 Clod 1859469 RESOLUTION NO. P55-03 Bk# 2543 Pg# 994 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION APPROVING THE REQUEST FILED BY THE NORTHSTAR RESORT ENTERPRISES CORPORATION TO TRANSFER ONE HUNDRED TWENTY-SIX (126) TRANSFERABLE ROGO EXEMPTIONS IN THE FORM OF RECREATIONAL VEHICLE SPACES OFF -SITE FROM PROPERTY IN KEY LARGO, FLORIDA, DESCRIBED AS SECTION 6, TOWNSHIP 61, RANGE 40, PART OF LOTS 5, 12, AND 13 WITH THE REAL ESTATE NUMBER 00083970.000000 WHEREAS, Northstar Resort Enterprises Corporation is the owner of real property described as Section 6, Township 61, Range 40, Parts of lots 5, 12, and 13 with the Real Estate Number 00083970.000000; and WHEREAS, the above described property is located in the Suburban Commercial (SC) land use (zoning) district; and WHEREAS, Northstar Resort Enterprises Corporation applied for a Minor Conditional Use approval for the transfer of one hundred twenty-six (126) Transferable ROGO Exemptions (TRE) off -site from the property described above; and WHEREAS, the Planning Commission of Monroe County, Florida, in accordance with the provisions of Sections 9.5-24 and 9.5-68 of the Monroe County Land Development Regulations, met at a regular scheduled meeting on September 24, 2003 to review the request of Northstar Resort Enterprises Corporation for approval of a Minor Conditional Use; and WHEREAS, the proposed request meets the requirements of a Minor Conditional Use as delineated in Section 9.5-68 of the Monroe County Code; and WHEREAS, the Planning Commission reviewed the following documents and other information relevant to the request for approval of a Minor Conditional Use: 1. The application for a Minor Conditional Use dated, April 21, 2003; and 2. Site survey, signed but not sealed, prepared by Hal Thomas, Professional Land Surveying, dated 5/25/00; and 3. Contractual agreement between the buyer, Northstar Resort Enterprises Corp. and the seller, SH3, LTD for the aforesaid property described by Real Estate Number 00083970.000000; and C:+TEMPT55-03.doc Pagel of 3 (e� Ood 1859469 Bk# 2543 Pg# 995 Northstar Resort Development Agreement: Exhibit E - Page 2 of 3 4. Property record card from the Monroe County Property Appraiser's office; and 5. State of Florida, Department of Health and Rehabilitative Services permit 944-54-00037; and 6. Site map; and 7. Staff report prepared by J.G. Buckley, Planner, and Niko Reisinger, Biologist, dated August 26, 2003. and 8. Comments by members of the Planning Commission; and 9. Sworn testimony and exhibits by members of the general public; and 10. Sworn testimony of Growth Management Division staff; and 11. Advice from John Wolfe, Esq., Planning Commission Counsel; and 12. Sworn testimony made by Don Craig, AICP, on behalf of the applicant; and 13. Comments from Tim Thomes, Esq., on behalf of the applicant; and WHEREAS, based upon the information and empirical evidence submitted, the Planning Commission adopted the following Analysis of Compliance, Findings of Fact and Conclusions of Law: Based on the plans submitted, the transfer off site is consistent with Section 9.5-120.4(b). Therefore, we conclude that the transfer off site shall consist of the demolition of a unit or space from a sender site and the development of a new unit(s) on a receiver site. 2. Based on the plans submitted and the testimony heard, the sender spaces meet the eligibility requirements of Section 9.5-120(4): • In existence as of January 4, 1996; and + Accounted for in the hurricane evacuation model which forms the basis of ROGO; and • Lawfully established; Therefore, we conclude that one hundred twenty-six (126) recreational vehicle spaces are eligible and will be transferred off -site. 3. Based on the plans submitted, we conclude that thirteen (13) mobile home spaces will remain on site. 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 by Northstar Resort Enterprises Corporation for the transfer of one hundred twenty-six (126) Transferable ROGO Exemptions from the sender site. PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a regular scheduled meeting held on the 241" day of September 2003. Page 2 of 3 Northstar Resort Development Agreement: Exhibit E - Page 3 of 3 Chair Coleman Yes Vice Chair Werling Yes Commissioner Mapes Yes Commissioner Margalli Yes Commissioner Ritz Yes PLANNING CO ISSION OF MONROE COUNTY 8-0 Signed this ci'ay of a12eP , 2003 LryAITPOVEDAS TO FORNiI AND LEGAL SUMFICIENCY `y At rney's oft e Doc# 1859469 8k# 2543 Pg# 996 Page 3 of 3 Northstar Resort Development Agreement: Exhibit F - Page 1 of 3 RESOLUTION NO. P56-03 Doc# 1859469 Bk# 2543 Pg# 997 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION APPROVING THE REQUEST FILED BY THE NORTHSTAR RESORT ENTERPRISES CORPORATION TO RECEIVE SEVENTY-SEVEN (77) TRANSFERABLE ROGO EXEMPTIONS IN THE FORM OF RECREATIONAL VEHICLE SPACES TO DEVELOP AN EIGHTY-NINE UNIT HOTEL WITH RESTAURANT, 8,158 SQUARE FEET OF COMMERCIAL USE AND OTHER AMENITIES ON PROPERTY DESCRIBED AS SECTION 32, TOWNSHIP 61 SOUTH, RANGE 39 EAST IN LEITNER'S SUBDIVISION AND ELDORADO HEIGHTS SUBDIVISION, KEY LARGO, MONROE COUNTY, FLORIDA WITH THE REAL ESTATE NUMBERS 00087940.000100, 00087970.000100, 00088020.000000, 00088030.000000, AND 00088040.000000. WHEREAS, Northstar Resort Enterprises Corporation is the owner of real property described as Section 32, Township 61 South, Range 39 East in Leitner's Subdivision and El Dorado Subdivision, Key Largo, Monroe County, Florida with the Real Estate Numbers 00087940.000100, 00087970.000100, 00088020.000000, 00088030.000000, and 00088040,000000; and WHEREAS, the above described property is located in the Suburban Commercial (SC) land use (zoning) district; and WHEREAS, Northstar Resort Enterprises Corporation applied for a Minor Conditional Use approval for the receivership of seventy-seven (77)Transferable ROGO Exemptions (TRE) on the property described above; and WHEREAS, the Planning Commission of Monroe County, Florida, in accordance with the provisions of Sections 9.5-24 and 9.5-68 of the Monroe County Land Development Regulations, met at a regular scheduled meeting on September 24, 2003 to review the request of Northstar Resort Enterprises Corporation for approval of a Minor Conditional Use; and WHEREAS, the proposed request meets the requirements of a Minor Conditional Use as delineated in Section 9.5-68 of the Monroe County Code; and WHEREAS, the Planning Commission reviewed the following documents and other information relevant to the request for approval of a Minor Conditional Use: Doc# 1859469 8k# 2543 Pg# 998 Northstar Resort Development Agreement: Exhibit F - Page 2 of 3 The application for a Minor Conditional Use dated, April 21, 2003; and Field survey prepared by Barrow Survey and Mapping, drawing #22557h-3, updated 9/21/01; and Site plan, signed and scaled by Robert Barnes & Associates, dated 5/02/02; and 4. Landscape plan, by Brown and Crebbin Design Studio, Inc., dated 5/17/02; and 5. Drainage plan, prepared by Allen Perez, Perez Engineering & Development, Inc., dated 10/23/02; and 6. Level III Traffic Study, prepared by Transport Analysis Professionals, dated 6;19/02; and 7. Restaurant floor plan, prepared by Robert Barnes & Associates, dated 5/16/02; and 8. Elevation drawings, prepared by Robert Barnes & Associates, dated 4/24/02; and 9. Staff Report prepared by J.G. Buckley, Planner, and Julie Cheon, Biologist, dated August 26, 2003; and 10. Comments by members of the Planning Commission; and 11. Sworn Testimony and exhibits by the general public; and 12. Sworn testimony by Growth Management Division staff; and 13. Sworn testimony by Don Craig, AICP, on behalf of the applicant; and 14. Comments by TimThomes, Esq., Counsel for the applicant; and 15. Advice from John Wolfe, Esq., Counsel for the Planning Commission WHEREAS, based upon the information and empirical evidence submitted, the Planning Commission adopted the following Analysis of Compliance, Findings of Fact and Conclusions of Law: Based on the plans submitted, the transfer off site is consistent with Section 9.5-120.4(b). Therefore, we conclude that the transfer off site shall consist of the demolition of a unit or space from a sender site and the development of a new unit(s) on a receiver site. 2. Based on the plans submitted and the criteria delineated in Section 9.5- 120.4(a) the transfer shall be to develop a hotel. Therefore, we conclude that the sender site or space is eligible and has been used as a recreational vehicle space(s). 3. Based on the plans submitted, the receiver site is located in the same ROGO sub -area. Therefore, we conclude that the sub -area criteria is being met. 4. Based on the plans and material submitted the receiver site shall not garner any negative points when evaluated pursuant to Section 9.5-122.3(a)(7) or (8) or (9). Therefore, we conclude that the receiver site contains (7) no Page 2 of 4 C:'\TEMPT56-03.doc Doc# 1859469 Bk# 2543 Pg# 999 Northstar Resort Development Agreement: Exhibit F - Page 3 of 3 hammock, (8) no threatened or endangered species, and (9) no critical habitat areas. 5. Based on the plans submitted, the receiver site (location of the hotel) is not in a V zone. The property is located in a split flood zone including V, AE, and X zones; the new hotel units will be located in the AE zone. Therefore, we conclude that the receiver site is consistent with Section 9.5-122.3(a)(11) which prohibits transfer to a V zone. G. Based on the plans submitted, the site is not located in a Coastal Barrier Resource System. Therefore, we conclude that the site is consistent with Section 9.5-122.3(a)(12) that prohibits transfer to a Coastal Barrier Resource System area. 7. Based on the plans submitted, the receiver site is not located on an offshore island/conservation land protection area. Therefore, we conclude that the receiver site is consistent with Section 9.5-122.3(a)(13) that prohibits transfer to an offshore island or a conservation land protection area. 8. Based on the plans submitted, the receiver site is eligible for infrastructure availability points pursuant to Section 9.5-122.3(a)(2). Therefore, we conclude that the receiver site is served by existing infrastructure which includes at a minimum, potable water, electricity and roadways which are paved. 9. Based on the plans submitted, we conclude that the receiver site has an overall ROGO score that is equal to or greater than the sender site. 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 by Northstar Resort Enterprises Corporation for the receivership of seventy-seven (77) Transferable ROGO Exemptions on the receiver site. PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a regular scheduled meeting held on the 24`h day of September 2003. Chair Coleman Yes Vice Chair Werling Yes Commissioner Mapes Yes Commissioner Margalli Yes Commissioner Ritz Yes Page 3 of 4 C:`TEMP\P56-03.doc If/ Ais 2 4 7 9 i0 1I 12 13 14 15 16 17 18 19 20 21 22 23 24 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Northstar Resort Development Agreement: Exhibit G - Page 1 of 17 Qoca 1635314 04/02/2007 1:36PH Filed 4 inL MONROE COUNTYd DANNY1L. KOLMGE of 'ZESOLUTION NO. POZ-07 Records A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION APPROVING A REQUEST BY NORTHSTAR RESORT ENTERPRISES CORP. TO AMEND RESOLUTION P47-03 IN ORDER TO BUILD A ONE HUNDRED THIRTY-EIGHT (138) UNIT RESORT HOTEL INCLUDING THE FOLLOWING AMENITIES: A 4,910 ft2 RESTAURA 'T, TWO (2) TI1C BARS, TIKI HUTS, A MAINTENANCE BUILDING, OFFICES AND ONE (1) AFFORDABLE HOUSING UNIT. ADDITIONALLY, THIS RrSOLL) TIOIv iS APPROVING A FRONT YARD VARIANCE OF TWELVE (12) FEET ALONG '�'VOODWA2D ' %I Y AND A 13% IdEtiUC'I ION 11\ PARKING TO ALLOW 182 SPACES. WHEREAS the Monroe County Planning Commission during a public hearing held on July 26, 2006 in Key Largo reviewed and considered this amendment to a major conditional use along with the front yard variance and parking reduction waiver; and WHEREAS Northstar Resort Enterprises Corp. is the owner of record for 11.67 acres at Mile Marker 99.5 in Key Largo, Monroe County, Florida having Real Estate Numbers: 00566430.000000, W087940.000000, 00087940.000100, 00087 970.000100, 00088020.000000, W088030.000000, 00088040.000000, 0088060.000000, and 00087950.000000; and WHEREAS Resolution P47-03 approved a inajor conditional use permit to construct an eighty-nine (89) transient unit resort hotel and amenities; and WHEREAS Resolution P47-03 linked the Northstar Resort Project with an affordable housing project and required that a minimum of ten (10) affordable housing units be built; and WHEREAS the increase in units from eighty-nine (89) to one hundred thirty-eight (138) increases the minimum number of affordable housing units from ten (10) to fifteen (15); and WHEREAS Development Order #4-04 was a minor conditional use application issued to establish forty-seven (47) ROGO exemptions from the Northstar Resort site to be eligible for transference; and WHEREAS Development Order #.5-04 was a minor conditional use application issued which received the forty-seven (47) ROGO exemptions from the Northstar Resort site at the Florida Keys RV Park to be built as attached affordable housing units; and m 0o �v n8 a a W O Vr m co 6.► p 45 WHEREAS Resolution P55-03 approved the request filed by Northstar 46 Resort to transfer one hundred twenty-six (126) ROGO exemptions from the 47 Florida Keys RV Park off of the site; and Northstar PC Resolution v2 P02-07 Doc# 1859469 Page 1 of 7 8k# 2543 Pq# 1000 • 1 2 3 5 6 8 9 11 13 14 15 16 17 18 19 20 21 22 23 24 �5 26 27 28 `'9 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Northstar Resort Development Agreement: Exhibit G - Page 2 of 17 Docp 1635314 Bkp 2283 Pg# 1289 WHEREAS Resolution P56-03 approved the request filed by Northstar Resort to receive seventy-seven (77) ROGO exemptions transferred from the o0 g Florida Keys RV Park via P55-03 at the Northstar Resort site; and s � 0 N s WHEREAS Development Order #17-96 established 1.5 Transferable c ra Development Rights (TDRs), Development Order # 18-97 established 2.59 TDRs, N and Development Order #7-05 established 7.36 TDRS and transferred a total of 11.45 TDRs to the Northstar Resort site; andLA WHEREAS Northstar Resort has two required front yard setbacks - one along LS-1 and and another along Woodward Way; and WHEREAS Allowing a thirteen (13) foot front yard setback along Woodward Way will not negatively impact surrounding property owners; and WHEREAS Woodward Way will remain a 24 ft. road and allow ingress and egress for all property owners along Woodward Way even though Northstar Resort Enterprises owns nine (9) feet of the Western portion of the road; and WHEREAS Planning Commission Resolution P47-03, condition 15, o requires that for every square foot of parking lot area that is waived a correlating square foot of open space must be created in excess of the required 20% and w � remain as open space via a Grant of Conservation Easement (GOCEA); and va c� WHEREAS Northstar Resort Enterprises has requested a waiver of m twenty-seven (27) spaces that will require a GOCEA be recorded for a minimum m of 4,131 ft2 running in favor of Monroe County prior to the issuance of any Certificate of Occupancy (C.O.); and WHEREAS, the Planning Commission reviewed the following documents and other information relevant to the amendment to the Major Conditional Use request: 1. Master Site Plan, Sheet A-1, by Roberl Barnes, 6/20/06; and 2. Partial Site Plans, Sheets A-2 - 5, by Robert Barnes, 6/20/06; and 3. Reception & Office Floor Plan, Sheet A-6, by Robert Barnes,1/10/06; and 4. Reception & Office Elevations, Sheets A-7 - 8, by Robert Barnes, 1/10/06; and 5. Restaurant & Lounge Floor Plan, Sheet A-9, by Robert Barnes, 6/20/06; and 6. Restaurant Elevations, Sheet A-10 -11, by Robert Barnes, 6/20/06; and 7. Maintenance First Floor Plan, Sheet A-13, by Robert Barnes, 6/20/06; and 8. Maintenance Affordable Housing - Second Floor, Sheet A-14, by Robert Barnes, 6/20/06; and Nortlistar PC Resolution v2 P02-07 Page 2 of 7 • Northstar Resort Development Agreement: Exhibit G - Page 3 of 17 Daep 1635314 dkO 2283 P94 1290 1 9. Maintenance Affordable Housing - Elevations, Sheet A-15, by Robert 2 Barnes, 6/20/06; andIr c 3 10. Building A4 first floor, Sheet A- 16, by Robert Barnes, 6/20/06, and a n X 4 11. Building A4 second floor, Sheet A-17, by Robert Barnes, 1/ 10/06; and �= a 5 12. Building A4 third floor, Sheet A-18, by Robert Barnes, 6/20/06; and W ca OD a 6 13. Building B2 first floor, Sheet A-19, by Robert Barnes, 1/10/06; and 7 14. Building B2 second floor, Sheet A-20, by Robert Barnes, 1/ 10/06; and N 3 15. Building B2 elevations, Sheet A-21, by Robert Bames, 1/ 10/ 06, and 9 16. Building B1 first floor, Sheet A-22, by Robert Barnes, 1/10/06, and a+ N 1 Building 81 second floor, Sheet A-23, by Robert Barnes, 1/10/06; dnd - !' 13. Building B1 elevations, Sheet; -24, by Robert Barno-%,1/10/06; avid .9 uildung B3 first dour, Sheet A-25, by Robert Barnes, 1/ 10/06; and 13 20. Building B3 second floor, Sheet A-26, by Robert Barnes, l/10/06; and C* 14 21. Building 33 elevations, Sheet A-27, by Robert Barnes, 1/ 10/ 06; and 15 22. Buildings Al-3 first floor, Sheet A-28, by Robert Barnes, 1/ 10/ 06; and 419ca a, 16 17 23. Buildings Al-3 second floor, Sheet A-29, by Robert Barnes, 1/10/06; and S 18 24. Buildings A1-3 third floor, Sheet A-30, by Robert Barnes, 1/10/06; s 19 o 20 and 25, Buildings A1-3 Elevations, Sheets A-31-32, by Robert Barnes, 1/10/06; o 21 and 22 26. Field Survey drawing #22557h-3 by Barrow Surveying & Mapping, 23 9/21/01; and 24 27. Field Survey drawing #24937 Pughese Parcel by Barrow Surveying & 3 � 25 Mapping, not dated; and — 26 28. Field Survey, drawing 4601 - Cullen Parcel by Task Surveyors, not N 27 dated; and 28 29 WHEREAS, the Planning Commission has made the following Findings 30 of Fact and Conclusion of Law, based on the sworn testimony of the Monroe 31 County Planning Department staff and the record: 32 33 34 1. The proposed project site is 11.67 acres with a land use designation of Suburban Commercial (SC) and a Future Land Use 35 Map (FLUM) designation of Mixed Use/Commercial (MC). 36 2. Northstar Resort currently owns 9.32 acres of the proposed site �7 with a contract to purchase 2.35 acres included in the project 38 proposal. 39 3. The 9.32 acres owned by Northstar Resort is associated with 89 40 lawfully established transient units, 1 market rate residential unit, 41 and 9,210 sq. ft. of lawfully established non-residential floor 42 area. 4. The 2.35 acres under contract for purchase contains 3 market rate 43 residential units. 44 5. The Northstar Resort project is linked to an affordable housing 45 project to be located at approximate mile marker 106. 46 6. The Northstar Resort site has two sides which front roads and 47 would require a 25 ft. front yard setback. Approving a variance to Northstar PC Resolution v2 Page 3 of 7 P02-07 Northstar Resort Development Agreement: Exhibit G - Page 4 of 17 Docf1 1535314 Bks 2283 Pga 1291 1 allow Northstar to maintain only a 13 ft. setback along Woodward 2 Way instead of the required 25 ft. setback will not cause any 3 hardship to surrounding property owners or impact the property an ,� a 4 values of surrounding property owners. 4.4 5 7. Northstar Resort is required to have 209 parking spaces. w F Reducing that number by 13% or 27 spaces pursuant to MCC §9.5- I m n 7 523(b)(2) to require 182 parking spaces will still allow for adequate 5 parking for the facility. Pursuant to Resolution P47-03, Northstar 9 Resort has identified 4,131 ft2 GOCEA to be recorded in -4 w conjunction with this parking space reduction request. 1 ! S. Resolution P55-03 identified the Florida Keys RV Park at mule l marker 106 as a transferable ROGO exemption (TRE) sender site 13 and recognized 126 TREs. 14 9. Resolution P56-03 transferred 77 of these TREs to the Northstar 15 Resort site leaving 49 TREs on the Florida Key RV Park site 16 available for transfer. a to im St 9L 17 10. Northstar Resort meets the criteria detailed in 120.4 (b)a. iii) (1) a. R 18 (ii) and is eligible to receive the 49 remaining TREs identified in 19 P55-03 from the Florida Keys RV Park site. co v s 20 11. Conditions 2, 3, 4, 6, 7, 8, 11,12,13,16 and 17 from Resolution P47- 0o a� 21 03 shall be maintained. cN�. 22 'a Amc" 23 NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION = `n 24 OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and m 25 Conclusions of Law, support its decision to: w 26 27 APPROVE the request filed by Northstar Resort Enterprises Corp. to 28 construct a one hundred thirty-eight (138) unit resort hotel including the 29 following amenities: a 4,910 ft2 restaurant, two (2) tiki bars, tiki huts, a 30 maintenance building, offices and one (1) affordable housing unit; as well as, a 31 front yard variance of twelve (12) feet along Woodward Way and a 13% 32 reduction in parking to allow 182 spaces with the following conditions: 33 1. Prior to drafting a Planning Commission Resolution, the applicant 34 shall: 35 a. Submit proof of ownership for the Cullen parcel including 36 exact acreage owned as well as who will possess the three (3) 37 market rate permanent residential units established on that 38 parcel; and 39 b. Submit a Preliminary Plat Application for the Cullen parcel 40 only a portion of the current parcel is being bought by 41 Northstar. If this plat does not show that the Northstar 42 Resort is purchasing a minimum of 2.36 acres or if the Board 43 of County Commissioners does not approve this plat, any 44 approvals given for the project shall be vacated and the 45 project shall submit a new amendment to their major 46 conditional use permit; and Northstar PC Resolution v2 Page 4 of 7 P02.07 Northstar Resort Development Agreement: Exhibit G - Page 5 of 17 06ep 1635314 Bkq 2283 P90 1292 I c. Submit a revised Traffic Study to determine if the restaurant 2 can be considered as a low intensity use or a medium a 5 intensity use. If the restaurant can be considered a low u 0 a n 4 intensity use, then - two (2) 250 sq. ft. Tiki Bars can be 5 permitted on the site. If the restaurant must be considered , . .. o'; °;as 6 as a medium intensity use then no Tiki Bars shall be .- ,� permitted. The Planning Commission Resolution shall state isco a N :3 whether Tiki Bars shall be permitted; and 9 1 Submit a revised Traffic Study to conform with Monroe County Traffic Consultant request outlined in MILD. of this co A 1 report. The Planning Commission Resolution shall only be t 2 :slued if the Nlonrue County Traffic consultant finds that 13 this project can be built without causing negative impacts to 14 local traffic circulation and hurricane evacuation times. If 15 this condition is not satisfied, a new conditional use ,n 16 amendment application shall be proffered to meet this W 17 co 0 18 criteria. " N 19 2. Prior to issuance of a building permit, the applicant shall: s 20 a. Transfer an additional 11.55 development rights to the ov v =1=1 f it 21 Northstar Resort site, and �2 b. Have the plat of the Cullen parcel approved by the BOCC; cNs..r w 23 and 24 c. Submit revised storrnwater and landscape plans which do sa not show a possible future spa and include the Class D m 26 buffer as required along Thurmond Street. The landscape 27 plan should include enough detail to ensure that the 28 installation criteria found in MCC § 9.5-364 is met; and 29 d. Provide additional permits from the Florida Department of 30 Environmental Protection and the Army Corps of Engineers 31 for the dock extension, slip reconfiguration, and boat ramp 32 removal; and 33 e. Obtain Florida Department of Environmental Protection and 34 U.S. Army Corps of Engineers approval for filling the boat 35 ramp. Any development so filled shall conform to the 36 setbacks established by DEP and ACOE permits; and 37 f. Provide the Surface Water Management Plan to be reviewed 38 by the County Engineering Departrnent for compliance. The 39 plan must be reviewed and approved by the South Florida 40 Water Management District. All surface water shall be 41 managed on -site, retained with swales or approved 42 drainage, drainage calculations must be shown on the plans; 43 and 44 g. Provide a plan to retrofitting existing docking facilities to 45 include an on -site pump -out station and sewage treatment 46 as required by the Comprehensive Plan for any facility 47 having ten (10) or more slips (wet or dry); and Yorthatar PC Resolution v2 Page S of 7 P02-0 7 Northstar Resort Development Agreement: Exhibit G - Page 6 of 17 Doll 1635314 Bkl# 2283 P90 1293 1 h. Have the proposed on -site waste treatment system approved by the Department of Health and comply with the minimumCo 3 requirements of (3iapter 1OD-6 of the Florida Administrative q, a ana 4 Code; and N ., 5 3. Prior to issuance of a certificate of occupancy for any unit, a n minimum of fifteen (15) affordable housing units at the linked site % at approximate mile marker 106 shall be completed witha a N 8 certificates of occupancy; and 9 N 4. 1-he Resort will not be gated from US-1 to allow local rrsidems D � 1 and other guests to use the restaurant facility. 2 13 APPROVE to reduce the required parking by twenty-seven spaces for a Ln 14 total of one hundred eighty two spaces (182) provided with the following 15 condition: N 16 1. A Grant of Conservation Easement be recorded for a minimum of aA 17 4,131 ft2 running in favor of Monroe County prior to the issuance w co ... 18 of any C.O. on the property; and .+ N 19 o20 APPROVE to waive the 25 ft front yard required setback along 2I Woodward Wav to a minimum of 13 ft. with the following condition: av 4* � 42 I. An access easement be recorded running in favor of Monroe cn o 23 County prior to the issuance of any C.O. on the property to ensure ``' UP 24 that Woodward Way remains a minimum of 24 ft wide to allow _%C" 25 access for all parcels which front Woodward Way; and 26 27 APPROVE to transfer the forty-nine (49) remaining eligible units m 28 established by Resolution P55-03 at the Florida Keys RV Park to the Northstar 29 Resort site; 30 31 WHEREAS Condition La. has been satisfied by providing a warranty 32 deed showing ownership of approximately 2.36 acres and stating that the three 33 (3) market rate ROGO exemptions are to be retained by Mr. Cullen; and 34 35 WHEREAS Condition l.b. has been partially satisfied by submittal of a 36 preliminary plat application for the parcel showing that Northstar Resort has J purchased approximately 2-36 acres; and 38 39 WHEREAS Conditions 1.c. and 1.d. have been met as Northstar Resort 40 Enterprises has submitted a traffic study meeting the requirements of the County 41 Traffic consultant which has concluded that the restaurant can be considered as a 42 low intensity use, the resort will not be gated, and may include two (2) Tiki Bars; 43 44 PASSED AND ADOPTED by the Planning Commission of Monroe County 45 Florida at a meeting held on the 26th day of July 2006 46 47 Chairman Cameron YES Northstar PC Resolution v2 Page 6 of 7 P02-07 tD A � M to .� N A Northstar Resort Development Agreement: Exhibit G - Page 7 of 17 1 Commissioner Windle YES 00c4 1635314 Bkq 2283 Pq# 1294 2 Commissioner Popham YES 3 Commissioner Wall YES 5 Planning Commission ofX o Monroe County, Florida N a a ? + moA 9 By ,amEs C-rneron, Chairman s ? ,- �_� N N ,. W l;t��d r}vs _ ci3s,' -of vC�"+�,ir{ft�?()i?' a APPROVED t'$ TO FORD[ AND LEGAL AUFFTC7--C-,' BY -North-tar PC R-Alution v2 P02-07 DOC# 1859469 SO 2543 Pg# 1006 MONROE COUNTY OFFICIAL RECORDS Page 7 of 7 16 A Northstar Resort Development Agreement: Exhibit G - Page 8 of 17 County of Monroe Grow-th Management Division Planning & Environmental Resources Dmulalm 2798 Overseas Highway, Suite 410 Marathon. FL 33050 Voice, (305) 289-2500 FAX: (305) 289-2536 Board of County Cotnntssiagers Mayor. Heather Carruthers, Dist. 3 Mayor Pro Tem David Rice, Dist. 4 Kim Wigington, Dist. 1 George Neugent, Dist. 2 Sylvia J. h4urnhy, Dist. 5 r" We strive to be caring, professional and fair April 26, 2011 Zft IT Iq c# 1859469 Reed (kz Co•rnam, Land Use Planning S4 Cc suitir,3 DoDO Joel C. Reed 2543 Pg# 1007 q 411 Ridgewood Road NE o Atlanta, GA 30307 Subject: Minor Deviation to Planning Commission Resolution #P02-07 Northstar Resort Enterprises Corp., 99060 Overseas Highway, Key Largo, real estate 4100088020.000000 (File #2011-029) Mr. Reed, The Planning & Environmental Resources Department has approved your request for a minor deviation to Planning Commission Resolution #02-07. The Department has determined that the application complies with the requirements and standards set forth in the Monroe County Code. The revised final development plan is now: Revise the approved site plan to decrease the size of the 138 hotel units from an average of 1,200 SF to averages of 600 SF to 800 SF. The following conditions apply to the minor deviation approval: A. Other than the modifications specifically permitted in this minor deviation approval and/or other deviation/amendment approvals, all conditions and provisions set forth in Planning Commission Resolution #P02-07 shall be met. 13. Any additional revisions to the final development plan and schedule are subject to further review as additional deviations and/or amendments to the minor conditional use permit approval, granted by Planning Commission Resolution#P02-07. We trust that this information is of assistance. if you have any questions regarding the contents of this letter, or if we may further assist you with your project, please feel free to contact our Marathon office at (305) 289-2500. Respectfully, f Townsley Schwab, Senior Director of Plarming & Environmental Resources I v + f } \ .!a all a air ! ! a 7 � tv it 0�! toitt++ f �� q � �! it �`t�.a.E'a.}as�ar} OWN jj� li »Z5 S�k' I f d' 21 a0 m •I•i�fl I ,�V� ( ! b�l ,`f 3',•aarsasl� co 0 CO •( [�C.t itttr�I+i �� i i i�iEii�:E• --.�i��sst�sAli�•} i - 0 Northstar Resort Development Agreement: Exhibit G - Page 10 of 17 County of Monroe Growth Management Division Planning & EnVimaraest_■t Rgmma Degartmeat 2798 overseas Highway, Suite 410 Marathos, FL 33050 Voice: (305) 289-2500 FAX: (305) 289-2536 September 15, 2010 board of County Commissioners Mayor Sylvia 1. Murphy, Dist 5 Mayor Pro Tem Headw Carruthers, Diu 3 Maris DI Gennaro, Dist. 4 George Neugat, Diu 2 Kim wigington, Dist. 1 We st►ire to he rarlrrv., pp)fescional and fair Joel Reed, AICP Doc# 1859469 Solaria Design & Consulting Co. 8k# 2543 Pg# 1009 91700 Overseas Highway, Suite 3 Tavernier, FL 33070 SUBJECT: Planning Commission Resolutions #P02-07 and #P32-09 Time Extension Mr. Reed, "Phis letter is in response to your request for a Florida SB 360 time extension to the project approved by Monroe County Planning Commission Resolutions #P02-07 and 4P32-0(). Your request was submitted on November 20, 2009. In 2007, an amendment to a major conditional use permit (Resolution 002-07) was approved for the development of a resort hotel with 138 transient units, a 4,910 SF restaurant, two tiki bars, tiki huts, a maintenance building, offices and an atTordable housing unit on property located at 99060 Overseas Highway (US 1) on Key Largo. Resolution #P02-07 amended the approval granted by Planning Corrunission Resolution #P47-03. The subject property is legally described as a portion of lots 4, 8, 9, 11 and 12 in Section 32, Township 61 South, Range 39 East (PB1-68) and Block 3, Lot 3, El Dorado Heights (PBi-203), Key Largo, Monroe County, Florida, having real estate number 00088020.000000. Resolution #P02-07 was passed and adopted by the Planning Conunission at a public hearing on July 26, 2006 and signed by the Planning Commission Chair on January 24, 2007. Following its passing of appeal periods, the document was filed and recorded in the official records of the Monroe County Clerk of the Circuit Court on April 2, 2007. Note: In Resolution #P02-07, the subject property is identified as consisting of nine parcels, assessed as the following real estate numbers: 00566430.000000, 00087940,000000, 00087940.000100, 00087970.000100, 00088020.000000, 00088030.000000, 00088040.000000, 0088060.000000 and 00087950.000000. For the 2008 tax roll, the property owner aggregated the parcels under a single real estate number: 00088020.000000. Paget of 2 Northstar Resort Development Agreement: Exhibit G - Page 11 of 17 Doc# 1859469 Bk# 2543 Pg# 1010 Following the initial approval Jocumented in Resolution "iP02-07, a resolution approving additional time to carry out the project was granted. The time extension, memorialized in Resolution #P32-09, passed and adopted by the Planning Commission at a public hearing on July 22, 2009 and signed by the Planning Commission Chair on July 31, 2009. Following its passing of appeal periods, the document was filed and recorded in the official records of the Monroe County Clerk of the Circuit Court on December 1, 2009. ?ursuant to the first condition of Resolution #P24-08, the project approved by Resolution #P32-05 was provided a new expiration N a. date of June 22, 2010 to acquire all required certificates of occupancy. �i so n -)rt,ta S3 160--",*horizes a two `2) y�- ar pei-ilit-x.CrVAC`r' 761' XlV deveiopnnent nlyder or 'ruilding permit issued by local government. In order to be eligible for this extension, the development o° od order/permit must have an expiration date between September 1, 2008 and January 1, 2012. A holder of a development order/building permit that expires between the dates listed above must notify the authorizing agency in writing of the intention to :utilize the two-year extension by December 31, 2009. As of the date of this letter, the scope of work approved under the major conditional use permit approval has not been completed. Staff has reviewed your request and found that it was ubmitted on time and in accordance with the provisions of Florida SB 360, thereby extending the deadline(s) by an additional two (2) years to June 22, 2012. All required certificates of occupancy must be acquired by this date unless additional extension is granted. I trust that this information is of assistance. If you have any questions regarding the contents of -his letter, or if .ve may further assist you with your projmt, please feel free to contact our Marathon office at (305)289-2500. Sincerely yours, 11 Townsley Schwab, Senior Director of Planning & Environmental Resources Page 2 of 2 Northstar Resort Development Agreement: Exhibit G - Page 12 of 17 County of Monroe Growth Management Division i& Planninit A Environmental Resourees Department ,798 Overseas Highway, Suite 410 `larathon, FL 33050 voice: (305) 289-2500 FAX: (305) 289-2536 CId February 5, 2009 Board of County Commissioners Mayor George Neugent. Dist. 2 Mayor Pro Tem Sylvia J. Murohv. Disc 5 Kim Wigingtom Dist. i Heather Carruthers. Dist. 3 Mario Di Gennaro. Dist. 4 ap p We strive to he caring, ProfeWonai and fair a 4 Joel Reed Reed 0 & Company Development Services, Inc. ^' N 91700 Overseas Hwy., Suite i g "Tavernier. FL 33070 Subject: Minor Deviation to Planning Commission No. P02-07 Real Estate No. 00088020.000000 p raW tsa an a wa UJ a os ao w rn J a0D aN 01 ►N w ..t 69 Mr. Reed, Bk##254394Pg# 1011 !'he Planning & Environmental Resources Department has approved your request for a minor deviation to Resolution No. P02-07, as described in an application to the Department, received January 29, 2009. You requested a minor deviation to the subject property's major conditional use permit approval in order to: l . Revise the site plan approved under Resolution P02-07 in order to perform minor changes to retention walls, landscaping, pedestrian paths, the relocation of several buildings, relocation of several accessory structures, the reconfiguration of the pool and pool area, and other minor changes as described in the 13 revision clouds of the minor deviation application and shown on the revised site plan. The Department has determined that the application complies with the requirements and standards set forth in §9.5-72(b)(3) of the Monroe County Code. Me proposed improvements applied for are hereby ,ranted with the following conditions: V All conditions and provisions set forth in Resolution No. P02-07 shall be met. B. Any additional revisions to the site plan or future improvements to the property are subiect to further review as a minor deviation or as an amendment to the major conditional use permit approval provided under Resolution No. P02-07. Page I of 2 Northstar Resort Development Agreement: Exhibit G - Page 13 of 17 We trust that this information is of assistance. If you have any questions regarding the contents of this letter, or if we may further assist you with your project, please feel tree to contact our Marathon office at (305) 289-2500. Respectfully, x o s a% ss 0 co I'ownsley ScKW ka CP N acting Sr. Director of Planning Fnvironmental Resources a N fai N oD :V N 0 0. a m" i .�i n N 0 Doc# 1859469 Bk# 2543 Pg# 1612 Page 2 of 2 MONROE COUNTY OFFICIAL RECORDS Northstar Resort Development Agreement: Exhibit G - Page 14 of 17 i County of Monroe Growth Management Division 2t UN" Mario DI Gew wo. Dirt. 4 i'4a Ova'teu !{iahwy, Suite 10 Mom Pro Tam Dttio Spehw. D br. ! Mantbarb FL 33050 rxwp NeuWt. Dttt. 2 h Volte 305) A2S00 (_narks -%Mny' McCoy. uix 3 FAX: 005y 2$9.2M6 SYMN J. Murphy, NSL S we so eve to be awft, prefJrtr/ow/Wd Jab IL 21.0. July 14, 2007 N Reed and Company m 89240 Oversew Highway, Suite 3 Doc# 1859469 18 Tavernier, FL 33M SO 2543 Pg# 1813 SUBJECT: Mfcwe Deviation Request NorthOw Resort, Key Largo, Mile ?vlarl<er y9.5 (0056"M000000, 0009A O.00OOK O00WW40MOO, 40087990A0W(A D00880f10.00000q, OOONMAOOOK 00098010.000008, iJoseo6aixt000q aooe�9a000000cs). Mr. Reed, In a letter to the Planning & Environmental Resources Depsrtanent, received July 9, 2007, W. Reed requested minor deviation authorization to the subject property's conditional use in order to. 1. Decrease the residential building from 22 to 15 and keep the three (3) supporting building while maintehting the same unit count; and 2. Reduce the number of tires to be relocated; and 3. I =un the number of parking spaces by ban (10) yet reduced the amount of asphalt coverage; and 4. Add a clay treads court; and 5. Add a private spa area/workout office to building five (5); and 6. Add a 3ro floor to the original beach front buildings that were previously two (2) stories. 1. Letter to Aref Joulani dated July 9, 2007, and 2 Falkanger Snyder Martineau & Yates, Site plan A201, signed, sealed and dated 6/12/07; and 3. Falkanger Snyder Martineau & Yates, Site Plan Cakulations A102, signed, seakd and dated 6/12/07, and Pap 1 of 4 W:\GROWTHMANAGEMEMNGw\1lpperKeys\OW to101Dow eowm\Nwdrir\MinwDevtatlgnStaffReport - July 14 2007.doc Northstar Resort Development Agreement: Exhibit G - Page 15 of 17 14 4. Falkanger Snyder Martineau & Yates, Reception and Office Floor Plan A111, signed, sealed and dated 6/12/07, and 5. Faikanger Snyder Martineau & Yates, Reception and Office Floor Plan Ali signed, sealed and dated 6/12/07, and 6. Falkaager Snyder Martineau & Yates, Reception and Office Flevations A113, signed, sealed and dated 6/12/07; and 7. Faikanger Snyder Martineau & Yates, Reception and Office Elevations A114, signed, N sealed and dated 6/I2/07, and .. 6. Fa&anger Snyder :Martineau & Yates, Restaurant Floor Plan A115, signed, sealed and dated 6/12/07, and L 9. Falkanger Snyder Martineau & Yates, Restaurant Floor Plan A116, signed, sealed and dated 6/12/07; and 10. Faikanger Snyder Martineau & Yates, Restaurant Elevations A117, signed sealed N and dated 6/12/07, and ' II. FaUUMS r Snyder Martineau & Yates, Restaurant Elevations A118, signed, seated o i and dated 6/12/07, and 12. Falkanger Snyder Martineau & Yates, Building A2 Floor Plan All 9, signed, sealed and dated 6/12/07, and 13. Falkanger Snyder Martineau & Yates, Building A2 Floor Plan A120, signed, sealed and dated 6/12/07; and 14. Faikanger Snyder Martinesn & Yates, Building A2 Floor Flan AIM, signed, seated and dated 6/12/07; and 15. Falkanger Snyder Martineau & Yates, Building A2 Elevations Al2Z signed, sealed and dated 6/12/07, and 16. Falkanger Snyder Martineau & Yates, Building A2 Elevations A123, signed, sealed and dated 6/12/07, and 17. Falltanger Snyder Martineau & Yates, Maintenance Building Affordable Housing A124; signed, sealed and dated 6/12/07; and 18. Falkanger Snyder Martineau & Yaks, Maintenance Building Affordable Housing A125, signed, sealed and dated 6/12/07, and 19. Falkanger Snyder Martineau & Yates, Maintenance Building Elevations A126, m signed, sealed and dated 6/12/07, and 20. Falkanger Snyder Martineau & Yates, Maintenance Building Elevatioa�a A127, cmn ai signed, sealed and dated 6/12/07, and rn 21. Falkanger Snyder Martineau & Yates, Building Al Floor Plan A128, signed sealed Cca . and dated 6/12/07, and N 22- Fal umW Snyder Martineau & Yates, Building AI Floor Plan A129, signed, sealed o Y and dated 6/12/07, and e m 23. Fa&ar4W Snyder Martineau do Yates, B and dated 6/12/07, and uilding Al Floor Plan A130, signed, sealed 24. Falkanger Snyder Martineau & Yates, Budding Al Elevations A131, signed, sealed and dated 6/12/07, and 25. Falkanger Snyder Martieeesu do Yates, Building Al Elevations A13Z, signed, sealed and dated 6/12/07; and 26• Falkanger Snyder Martineau & Yates, 9 Unit Buildi sealed and dated 6/12/07, and ng, Hi Floor Plan A333, signed, Page 2 of 4 `July 14 za07.doA�Geo\Upper Xeys\o99 b 101 Dovntorvh\Nostlrtar\ Mtno� Deviatlor Staff Repot Northstar Resort Development Agreement: Exhibit G - Page 16 of 17 10 27. Falkanger Snyder Martineau 6t Yates, 9 Unit Building, Bi Flom Plan A134, sued, sealed and dated 6/12/07, and 28. Falkanger Snyder Martineau & Yates, 9 Unit Building, Bl Hoar Plan A135, signed, sealed and dated 6/12/07, and 29. Falkanger Snyder Martineau 8r Yates, 9 Unit Buildfrhg, Bl ©evatiom AIM, signed, ,n sealed and dated 6/12/07, and 30. Falkanger Snyder Martineau do Yates, 9 Unit Building, 81 Elevations A137, signed, ^' sealed and dated 6112/07. co 0 Ca X BACKGROUND INFORMAIMN- to Resolution Na P02-07 was issued approving 138 unit resort hotel including the following .. ut antianttiesv a YOMUMA, tiled bars, tild huts, maintenance buitding, offices and one (1) affordable N housing unit. ua REVIEW OF RED -um - Pursuant to MCC SM 9.3;-72(b)(3), minor devtatians which may be authorized are those that appear ruicessary in light of technical and engineering considerations and shall be limited to the following; A. Alteration of the hxation ofany rand or taeikroay by not rnwr char five (5))Wt; Road cuts and fire access Panes were maintained. Fire access throughout the site has been WVrovred. B. Reduction of the total =wunt of open spim by not own thorn fine (5) perorat or n-4 hidion of the yard area or open spar assoculed with "y single shucture by not m m than %tee (5) prrarnt prooidad that such reduction does not permit thr required open spar to be less there that mqufnd by MCC Sections 9.5-262 and 9.5-343: ess mThe open space was increased. � a C. Alteration of the location, type or quality of rrquind landsa rkg ekmmts of w con gh'ond use `WO- permit: rn IL" c+a 00 IWV- N The Isndscaped buffers were maintained. a m AODMONAb REGULATIONS APPLYING TO PROPOSAL PIease refer to the Appitcatt's letter to the Director of Flanning dated July 9, 2007 requesting said deviation for a table providing a description of each deviation. DECISION: The proposed improvements applied for are consistent with the Intent of a minor deviation and are thereby granted with the following conditions: Pap3of4 w:\GROwrrt MANAGMANT\Geo\ Upper Kers\o99 to lot Downtown�Nordmw\mbw Deviation stiff Report - IuIy 14 20Q7.doc Northstar Resort Development Agreement: Exhibit G - Page 17 of 17 F L Any revisiom to the work proposed under this minor deviation request or future i nprovenua is to the property are subject to further review as minor deviations or as amendments to the minor conditional use. ctOy We taut that this information is of assistance. If you have any questions regarding the contents t4 this letter, or if we tnay further assist you with your project, please feel free to contact our a Marad" office at (3M 289-2500. CD cv a V to Sincerely yours, n oE,ilo►1;ts.t etC. N u s Aref loulanf. 0 " Ser for Director of Planning & Environmental Resources Doc# 1859469 Bk# 2543 Pg# 1016 Page 4 of 4 W:\GR0W H MANAGEMENT\Geo\Upper Keys\099 to 101 Downtown\Nortlutar\Mtnor DWlatlon Staff Report • july 14 2007Am MONROE COUNTY OFFICIAL RECORDS A Northstar Resort Development Agreement: Exhibit H - Page 1 of 2 Return to: Timothy Nicholas Thomes, P.A. Post Office Box 3318 Key Largo, FL 33037 This instrument Prepared by Timothy Nicholas Thomes, P.A. Post Office Box 3318 Key Largo, FL 33037 Property Appraisers Parcel Identification (Folio) Nnmber(s): 00089060-000100 Alternate Key No. 9088193 Space Above This Line for Processing Data DocN 1697947 06/04/2008 10:42AM Filed & Recorded in Official Records of MONROE COUNTY DANNY L. KOLNAGE DocN 1597947 Bk# 2364 P9# 1500 Doc# 1859469 8k# 2543 Pg# 1617 ACCESS EASEMENT Space Above This Line for Recording THIS EASEMENT, made this day of %� 2008 by and between Northstar Resort Enterprises, Inc., a Florida corpora ' , Grantor, whose address is: 9261 S.W. 140 Street, Miami, Florida 33176, to Monroe County, Grantee whose address is:1100 Simonton Street, Key Largo, Florida 30040. WITNESSETH: WHEREAS, the Grantor is Owner of the following described property: Begin at the intersection of the Northwesterly right of way line of WOODWARD WAY and the Northeasterly right of way line of U.S. No. 1; thence Northwesterly along said right of way line of WOODWARD WAY N00°01'00"W for 415.29 feet; thence leaving said right of way line run S89°59'00"W for 9.00 feet; thence run NOO'01'00" W for 424.77 feet to an intersection with the Easterly right of way line of U.S. No. 1; thence run N43°30'00"E for 13.07 feet to the POINT OF BEGINNING. Being a 9.0' +/- section running along the Southwesterly side of Woodward Way as more particularly described above ("Property") as shown on attached Exhibit A; and WHEREAS, Grantee has requested Grantor agree to this ingress and egress easement to ensure that property owners along Woodward Way, Key Largo, Monroe County, Florida will have ingress and egress across the above described Property; This does not create any ownership interest for those property owners and shall not otherwise prohibit development or use of the property by the Grantor in accordance with Monroe County Planning Commission Resolution P02-07 (as amended from time to time) or any other rights of Grantor in the ownership or use of said property, including the calculation of said acreage for development or other purposes. - 1 - Dona 1697947 Northstar Resort Development Agreement: Exhibit H - Page 2 of 2 Bkp 2364 Pqu 1601 NOW, THEREFORE, for and in consideration of the rights and benefits accorded Grantor in Resolution No. P02-07, the Grantor does grant to Grantee, its successors and its guests and invitees, a perpetual ingress and egress easement for all property owners along Woodward Way on and over that portion of the above described Property for the purpose of ingress and egress only. IN WITNESS WHEREOF, Grantor has executed this easement, on the day and year first stated above. GRANTOR: NORTHSTAR RESORT ENTERPRISES, INC, A Florida corporation WIT ES: CONSTANTIN ZAHARIA President STATE OF FLORIDA ) COUNTY OF MONROE } The foregoing instrument was acknowledged before me this A5 day of 4 _, 2008 by CONSTANTIN ZAHARIA, as President of Northstar Resort Ente rises, Inc., a Florida corporation, who is ( ) personally known to me or () who provided _ as identification and who did to a an oat . Notary Signature an Seal Doc# 1859469 SO 2543 Pg# 1018 MONROE COUNTY _2_ OFFICIAL PUBLIC RECORD Ooc# 1859469 Bk# 2543 Pg# 1019 N'l 1P, �;f _ r i �� yl IT fL i2 LLI C, z 1 milk 011 m cq— iu CL uj > t r Oz AO, Or4 liVlJ,Al]T— Doc# 1859469 Bk# 2543 CC)UN ry #:)r MCI 4R(W, %S11 -MIS Tnm-o A.D. -j VA LLn z� -41 cle3 LJLJ 936-- C-3- __j LAA LA— C=P LA- 3= 4CMO