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DOOM 1697947 Northstar Resort Development Agreement: Exhibit H - Page 2 of 2
Bkp 2354 PSU 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
By:�
CONSTANTIN ZAHARIA
President
STATE OF FLORIDA )
COUNTY OF MONROE )
The foregoing instrument was acknowledged before me this 'A.3 day of
q , 2008 by CONSTANTIN ZAHARIA, as President of Northstar Resort
Ent rises, Inc., a Florida corporation, who is ( ) personally known to me or () who
provided as identification and who did take an oa .
L,'
I III
T Notary Signature an Seal
soo
MONROE COUNTY
2_ OFFICIAL PUBLIC RECORD
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) Number(s):
00088060-000100
Alternate Key No.
9088193
Space Above This Line for Processing Data
DOOM 1697947 06/04/2008 10:42AM
Filed & Recorded in Official Records of
MONROE COUNTY DANNY L. KOLHAGE
RocN 1697947
BkN 2364 P9N 16M
ACCESS EASEMENT
Space Above This Line for Recording
THIS EASEMENT, made this .23 day of Aw , 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 N00°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-
Northstar Resort Development Agreement: Exhibit G - Page 17 of 17
1. Any revisions to the work proposed under this minor deviation request or future
improvements to the property are subject to further review as minor deviations or as
amendments to the minor conditional use.
0 We trust that this information is of asdstance. If you have any questions regarding the contents
.. of this letter, our if we may further assist you with your project please feel fee to contact our
Marathon office at (305) 289-2500.
N
RIP toSincerely yours,
CD 74
u a Aref Joulam,
o m Senior Director of Planning & Environmental Resources
Page 4 of 4
WAC3*W M MANAGE-%CENT\Geo\UPter reyj\o" to 101 Downtown\NorftNr\.Wioor Deviation Staff Report
. July 14 2W7.doc
MONROE COUNTY
OFFICIRI RECORDS
Northstar Resort Development Agreement: Exhibit G - Page 16 of 17
27. Falkanger Snyder Martineau & Yates, 9 Unit Building, Bl Floor Flan A134, signed,
sealed and dated 6/12/07, and
28. Falkanger Snyder Martineau & Yates, 9 Unit Building, B1 Floor plan A135, signed,
sealed and dated 6/12/07, and
29. Falkanger Snyder Martineau & Yates, 9 Unit Building, Bl Elevations A136, signed,
sealed and dated 6/12/07; and
30. Falkanger Snyder Martineau Ile Yates, 9 Unit Building, BI Elevations A137, signed,
sealed and dated 6/12/07.
Is
N ai
BACKGROUND INFORMA...��
ti Resolution Na P02-07�was issued approving 138 unit resort hotel including the following
amenities: a restaurant, till bars; tiki huts, maintenance building, offices and one (1) affordable
housing unit.
RjrV1EW OF REOjj,�
Pursuant to MCC Sec. 9.5-72(b)(3), minor deviations which may be authorized are those that
appear necessary in light of technical and engineering considerations and shall be limited to the
A. Altemdon of the location of any road or walkway by not mom them feoe (5) just:
Road cuts and fire access lanes were maintained. Fire access throughout the site has
been improved.
B. Reduction of the total amount of open space by not "Me tharr fine (5) pertz I or redudtrm of the
yard area or open space assodated =th any single structure by not »mm than free (5) percent
pm=W that such reduction does not pennit the regWred open space to be less than that required
by MCC Sections 9.5-262 and 9.5-3343:
The open space was increased.
C Alteration of the location, "or quality of required landscaping elements of the conditjwW use
pentad!:
The landscaped buffers were maintained
ADDITIONAL REGUTArpM ARr MNG "
Please refer to the Applicanes Ietter to the Director of Planning dated July 9, 2007 requesting
said deviation for a table providing a description of each deviation
DECISION•
Tice proposed improvements applied for are consistent with the intent of a minor deviation and
are hereby granted with the following conditions:
Page 3 of 4
WAGROW H MANAGEMEN7%Geo\ Upper Keys\Wq to IM Dowmtoxm\Nordwaar\Minor Deviatma SON Report
July 14 M07Aoc
Northstar Resort Development Agreement: Exhibit G - Page 15 of 17
V.
4. Falkanger Snyder Martineau & Yates, Reception and Office Floor Plan Aill, signed,
sealed and dated 6/12/07, and
5. Falkanger Snyder Martineau & Yates, Reception and Office Floor Plan A112, signed,
sealed and dated 6/12/07; and
6. Fall=ger Snyder Martineau & Yates, Reception and Office Elevations A113, signed,
sealed and dated 6/12/07, and
7. Falkanger Snyder Martineau & Yates, Reception and Office Elevations A114, signed,
a
sealed and dated 6/12/07, and
«
B. Fallaanger Snyder Martineau & Yates, Restaurant Floor Plan A115, signed, sealed
d
and dated 6/12/07, and
9 Falkanger Snyder Martineau do Yates, Restaurant
Floor Plan A116, signed, sealed
and dated 6/12/07, and
:°
10. Falkanger Snyder Martineau & Yates, Restaurant Elevations A117, signed, seated
dated
and 6/12/07, and
o
11. Falkartger Snyder Martineau & Yates, Restaurant Elevations A118, signed, sealed
and dated 6/12/07; and
12. Fall=Ver Snyder Martineau & Yates, Building A2 Floer Plan A119, signed, sealed
and dated 6/12/07, and
13 Falkw%w Snyder Martineau & Yates, Building A2 Floor Plan A120, signed, sealed
and dated 6/12/07; and
14. Fa&ar4W Snyder Martineau & Yates, Building A2 Floor Plan AM, signed, sealed
and dated 6/12/07, and
15. FaManger Snyder Martineau & Yates, Building A2 Elevations Al2Z signed, sealed
and dated 6/12/07; and
I& Falia anger Snyder Martineau & Yates, Building A2 Elevations A123, signed, sealed
and dated 6/12/07, and
17. Falkanger Snyder Martineau & Yates, Maintenance Building Affordable Housing
A124, signed, sealed and dated 6/12/07; and
18. Falkanger Snyder Martineau & Yates, Maintenance Building Affordable Housing
A125, signed, sealed and dated 6/12/07; and
19. Falkanger Snyder Martineau & Yates, Maintenance Building Elevations A126,
signed, sealed and dated 6/12/07, and
20. Falkanger Snyder Martineau & Yates, Maintenance Building Elevations A127,
signed, sealed and dated 6/12/07; and
21. Falkanger Snyder Martineau & Yates, Building Al Floor Plan A128, signed, sealed
and dated 6/72/07, and
22. Fall anger Snyder Martineau & Yates, Building Al Floor Plan A129, signed, sealed
and dated 6/12/07, and
23. Falkanger Snyder Martineau & Yates, Building Al Floor Plan A130, signed, sealed
and dated 6/12/07, and
24. Falkanger Snyder Martineau & Yates, Building Al Elevations A131, signed, sealed
and dated 6/12/07, and
25. Fallaanger Snyder Martineau & Yates, Building Al Elevations A132, signed, sealed
and dated 6/12/07, and
26. Fa&"er Snyder Martineau & Yates, 9 Unit Building, Bl Floor Plan A133, signed,
sealed and dated 6/12/07, and
Page 2 of 4
W:\GROWTH MANAGEMBNT\Gea\UPPar Krys\099 e0101 D—nhmn\Northslar\ Minor Deviation staff Ripon
- July 14 2007.doe
Northstar Resort Development Agreement: Exhibit G - Page 14 of 17
County of Monroe
Growth Management Divisior,
2793 Ovwum Highway, Suite 410
Marmon, FL 33050
Vol= (305) 2891300
Igo
FAX: (305)294-7536
we So" to ke mod. PWAWkAd and fWr
IL
o
July 14, 2007
u
Reed and Company
89240 Overseas I lighway, Spite 3
Tavernier, FL 33070
Mr. Reed,
ar
,WQMUQIzMIW Mario IN Geenaro. Dist 4
Mayor Pro Ten Dixie Spdus Dhx i
Gowp NtgmL Disc 2
Chaos •Sonny" MoCoy, Dist 3
Sylvia J Murphy, DIsL 5
SUBJECD Minos Deviation Request Northdar Resort, Key Largo, Mile
Marker 995 (OOS66M.000000, 000879ti0.O00000, 00097910.000100,
0OW77AWOO100, OOOB80?0.000000, GOON 10AOMM 000MM .000M
OOB8060 000000, 00097930000000).
In a letter to the Planning & Environmental Resources Department, received July 9, 2007, Jvlr.
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 maintaining the same unit coin and
2. Reduce the number of tines to be relocated; and
3. bummse the number of parking spaces by ten (10) yet reduced the amount of
asphalt coverage, and
4. Add a day tennis court; and
5. Add a private spa area/workout office to building five (5); and
6. Add a 3b floor to the original beach frant buildings that were previously two (2)
stories.
1. Letter to Aref Joulani dated July 9, 2007; and
2. FaAanger Snyder Martineau 4 Yates, Site Flan AIM, signed, sealed and dated
6/12/07, and
3. Faikanger Snyder Martineau dt Yates, Site Pan Calculations A102, signed, sealed
and dated 6/12/07; and
Page 1 of 4
w:\GROWrH MANAGLMENT\Geo\tipper KeyakM to 1M Downtown\Nordutar\JM hw Dadadw Staff Report
- July 14 2W.d=
Northstar Resort Development Agreement: Exhibit G - Page 13 of 17
'Ale trust that this information is of assistance. If you have any questions regarding the contents
of this letter. or if %e may further assist you with your project, please feel free to contact our
Marathon office at (305) 289-2500.
Respectfully,
i'o%vnsley Sclwa ,
Acting Sr. Director of Planning & Environmental Resources
Page 2 of 2 MONROE COUNTY
OFFICIAL RECORDS
0
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Northstar Resort Development Agreement: Exhibit G - Page 12 of 17
County of Monroe
Growth Management Division
46 Planning & Environmental Resources
Department
2799 Overseas Highµay. Suite 410
Marathon.l'L 33050
Voice: (305) 289-2500
FAX. 305) 289-2536
V4 February 5, 2009
Board of County Commissioners
Mayor George Veugcnt. Dist. 2
Mayor Pro Tern Sylvia .I Murphy. Dist. 5
Kim Wigington. Dist I
I loather Caruthers, Dist. 3
Mano Di (iennara. Dist. 4 p
We strive to be caring, professional and fair
a$ Joel Reed
m Reed & Company Development Services, Inc.
-+ 91700 Overseas Hwy.. Suite I
a� Tavernier. FL 33070
Subject: Minor Deviation to Planning Commission No. P02-07
Real Estate No. 00088020.000000
Mr. Reed,
$A
N
C7
The Planning & Environmental Resources Department has approved your request for a miner
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:
1. 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.
The proposed improvements applied for are hereby granted with the following conditions;
A. 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
subject 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 1 of 2
Northstar Resort Development Agreement: Exhibit G - Page 11 of 17
Following the initial approval documented in Resolution #P02-07, 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 fled and recorded in the official records of the Monroe
County Clerk of the Circuit Court on December 1, 2009. Pursuant to the first condition of
Resolution 4P24-08, the project approved by Resolution 032-05 was provided a new expiration
date of June 22, 2010 to acquire all required certificates of occupancy.
Florida SB 360 authorizes a two (2) year permit extension for any development order or building
permit issued by local government. In order to be eligible for this extension, the development
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
submitted 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
this letter, or if we may further assist you with your project, please feel free to contact our
Marathon office at (305)289-2500.
Sincerely yours,
Townsley Schwab,
Senior Director of Planning & Environmental Resources
Page 2 of 2
Northstar Resort Development Agreement: Exhibit G - Page 10 of 17
E
County of Monroe
Growth Management Division
Planning & EMIronmental Resources
Denartmeat
2799 Overseas Highway, Suite 410
Marathon, FL 33050
Voice. (305) 289-2500
FAX: (305) 289-2536
September 15, 2010
Board or County Commissioners
Mayor Sylvia 1. Murphy, Dist 5
Mayor Pro Tern Heather Carruthers, Disc 3
Mario Di Gcanaro, Dist, 4
George yeugent, Dist. 2
Kim Wigington, Dist. 1
We strive to be caring, professlonal and fair
Joel Reed, AICP
Solaria Design & Consulting Co.
91700 Overseas Highway, Suite 3
Tavernier, FL 33070
SUBJECT: Planning Commission Resolutions 002-07 and #P32-09 Time Extension
Nfr. Reed,
This 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 #P32-09. 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 affordable housing unit on property located at
99060 Overseas Highway (US 1) on Key Largo. Resolution 002-07 amended the approval
granted by Planning Commission 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 (PBl-68)
and Block 3, Lot 3, El Dorado Heights (PB2 203), Key Largo, Monroe County, Florida, having
real estate number 00088020.000000.
Resolution #P02-07 was passed and adopted by the Planning Commission 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 2009 tax roll, the property owner aggregated
the parcels under a single real estate number: 00088020.000000.
Page t of
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Northstar Resort Development Agreement: Exhibit G - Page 8 of 17
County of Monroe
Growth Management Division
Planning & Environmental Resources
Department
2798 Overseas Highway, Suite 410
Marathon, FL 33050
Voice: (305) 289-2500
FAX (305) 289-2536
April 26, 2011
Board of County Commissioners
Mayor Heather Carruthers, Dist, 3
Mayor Pro Tem David Rice, Dist. 4
Kim Wigington, Dist. 1
George Neugent, Dist. 2
Sylvia I. Murphy, Dist. 5
We strive to be caring, professional and fair
Reed & Company Land Use Planning & Consulting
Joel C. Reed
411 Ridgewood Road NE
Atlanta, GA 30307
Subject: 1VIinor Deviation to Planning Commission Resolution #P02-07
Northstar Resort Enterprises Corp., 99060 Overseas Highway, Key Largo, real estate
#00088020.000000 (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 shalt be met.
B. 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,
Townley Schwab, Senior Director of Planning & En-Oronmental Resources
Northstar Resort Development Agreement: Exhibit G - Page 7 of 17
2
3
4
S
b
S
10
12
L; L
X o
Doca 1635314
Commissioner Windle YES BkN 2283 Pg# 1294
Commissioner Popham YES
Commissioner Wall YES
Planning Commission of
w o
M v
s
Monroe County, Florida
N a
z
By
�
m
N
_�R'��f"---'
L46
es Cameron, Chairman
`t
Signed this 2i' day of ltktetn 2007
W
O1
APPROVED ,�$ TO FORIA
AND IXGAL
by
4e'
MONROE COUNTY
OFFICIAL RECORDS
Northetar PC Resolution v2 Page 7 of 7
P02-07
Northstar Resort Development Agreement: Exhibit G - Page 6 of 17
Doca 1635314
Bkp 2283 Pgp 1293
1
h. Have the proposed on -site waste treatment system approved
2
by the Department of Health and comply with the minimum
0 v m
3
requirements of Chapter 1OD-6 of the Florida Administrative
a o° $
4
Code; and
N a
5
3. Prior to issuance of a certificate of occupancy for any unit, a
w + .$�
6
minimum of fifteen (15) affordable housing units at the linked site
40 7
at approximate mile marker 106 shall be completed with
a a
S
certificates of occupancy; and
9
m
10
4. The Resort will not be gated from. US-1 to allow local residents
11
and other guests to use the restaurant facility. -'
12
13
APPROVE to reduce the required parking by twenty-seven spaces for a
14
total of one hundred eighty two spaces (182) provided with the following
15
condition:
16
1. A Grant of Conservation Easement be recorded for a minimum of
�►
my
17
4,131 ft2 running in favor of Monroe County prior to the issuance
m
1$
of any C.O. on the property; and
19
cm
20
APPROVE to waive the 25 ft: front yard required setback along
21
Woodward Way to a minimum of 13 ft. with the following condition:
22
1. An access easement be recorded running in favor of Monroe
23
County prior to the issuance of any C.O. on the property to ensure
24
that Woodward Way remains a minimum of 24 ft: wide to allow
25
access for all parcels which front Woodward Way; and
26
27
APPROVE to transfer the forty-nine (49) remaining eligible units
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
37
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 26a+ day of July 2006
46
47
Chairman Cameron YES
Northstar PC Resolution v2 Page 6 of 7
P02-0 7
Northstar Resort Development Agreement: Exhibit G - Page 5 of 17
Doeq 1635314
Bkp 2283 P9q 1292
1
c. Submit a revised Traffic Study to determine if the restaurant
2
can be considered as a low intensity use or a medium
cc 0 ,,, 7
3
intensity use. If the restaurant can be considered a low
a s a
4
intensity use, then two (2) 250 sq. ft. Tiki Bars can be
a
N` r•
5
permitted on the site. If the restaurant must be considered
w
6
as a medium intensity use then no Tiki Bars shall be
7
permitted. The Planning Commission Resolution shall state
to O0 s N
„
8
whether Tiki Bars shall be permitted; and
9
d. Submit a revised Traffic Study to conform with Monroe
A
10
County Traffic Consultant request outlined in XIII.D. of this
11
report. The Planning Commission Resolution shall only be
12
issued if the Monroe 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
a
16
amendment application shall be proffered to meet this
17
criteria.
18
-
19
2. Prior to issuance of a building permit, the applicant shall:
s
20
a. Transfer an additional 11.55 development rights to the
21
Northstar Resort site, and
22
b. Have the plat of the Cullen parcel approved by the BOCC,
23
and
24
c. Submit revised stormwater and landscape plans which do
25
not show a possible future spa and include the Class D
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 Department 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
Northstar PC Resolution v2 Page 5 of 7
P02-0 7
Northstar Resort Development Agreement: Exhibit G - Page 4 of 17
Docp 1635314
Bka 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
o
X CA
3
hardship to surrounding property owners or impact the property
4
values of surrounding property owners.
$
5
7. Northstar Resort is required to have 209 parking spaces.
w
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6
Reducing that number by 13% or 27 spaces pursuant to MCC §9.5-
7
523(b)(2) to require 182 parking spaces will still allow for adequate
8
parking for the facility. Pursuant to Resolution P47-M, Northstar
°' w
9
Resort has identified 4,131 ft2 GOCEA to be recorded in
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I0
conjunction with this parking space reduction request.
11
8. Resolution P55-03 identified the Florida Keys RV Park at mile
12
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.
17
10. Northstar Resort meets the criteria detailed in 120.4 (b)a. iii) (1) a.
Rr
18
(ii) and is eligible to receive the 49 remaining TREs identified in
m
19
P55-03 from the Florida Keys RV Park site.
20
11. Conditions 2, 3, 4, 6, 7, 8,11,12,13,16 and 17 from Resolution P47-
J, aX
21
03 shall be maintained.
22
23
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION
24
OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and
25
Conclusions of Law, support its decision to:
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
Nordistar PC Resolution v2 Page 4 of 7
P02-07
Northstar Resort Development Agreement: Exhibit G - Page 3 of 17
00cN 1635314
Ska 2283 P9N 1290
1
9. Maintenance Affordable Housing - Elevations, Sheet A-15, by Robert
2
Barnes, 6/20/06; and
v
3
10. Building A4 first floor, Sheet A-16, by Robert Barnes, 6/20/06; and
N R a
4
11. Building A4 second floor, Sheet A-17, by Robert Barnes,1/10/06; and
s
5
12. Building A4 third floor, Sheet A-18, by Robert Barnes, 6/20/06, and
CD
C.
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
a
8
15. Building B2 elevations, Sheet A-21, by Robert Barnes,1/10/06; and
a M
9
16. Building B1 first floor, Sheet A-22, by Robert Barnes,1/10/06; and
10
17. Building BI second floor, Sheet A-23, by Robert Barnes,1/10/06; and -
11
18. Building B1 elevations, Sheet A-24, by Robert Barnes,1/10/06, and
12
19. Building B3 first floor, Sheet A 25, by Robert Barnes,1/ 10/06; and
a
13
20. Building B3 second floor, Sheet A-26, by Robert Barnes,1/10/06; and
14
21. Building B3 elevations, Sheet A-27 by Robert Barnes, 1/10/06; and
15
22. Buildings AZ-3 first floor, Sheet A-28, by Robert Barnes,1/10/06; and
Nd'
°!
16
23. Buildings A1-3 second floor, Sheet A-29, by Robert Barnes, 1/10/06;
17
and
co T4
18
24. Buildings A1-3 third floor, Sheet A 30, by Robert Barnes, 1/10/06;
a
19
and
20
25. Buildings AI-3 Elevations, Sheets A-31-32, by Robert Barnes,1/10/06;
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 &
25
Mapping, not dated; and
26
28. Field Survey, drawing 4601 - Cullen Parcel by Task Surveyors, not
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
1. The proposed project site is 11.67 acres with a land use
34
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
37
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 area.
42
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 2 of 17
0%
Dock 1635314
Oka 2283 P9# 1289
1
2
WHEREAS Resolution P56-03 approved the request filed by Northstar
3
Resort to receive seventy-seven (77) ROGO exemptions transferred from the
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4
Florida Keys RV Park via P55-03 at the Northstar Resort site, and
a n
a e
5
aM
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6
WHEREAS Development Order #17-96 established 1.5 Transferable
7
Development Rights (TDRs), Development Order # 18-97 established 2.59 TDRs,
8
and Development Order #7--05 established 7.36 TDRS and transferred a total of
a °'
9
11.45 TDRs to the Northstar Resort site, and
a
a
10
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11
WHEREAS Northstar Resort has two required front yard setbacks - one
12
along US-1 and and another along Woodward Way; and
13
14 WHEREAS Allowing a thirteen (13) foot front yard setback along
15 Woodward Way will not negatively impact surrounding property owners; and
16
17 WHEREAS Woodward Way will remain a 24 ft road and allow ingress
18 and egress for all property owners along Woodward Way even though Northstar
19 Resort Enterprises owns nine (9) feet of the Western portion of the road; and
20
21 WHEREAS Planning Commission Resolution P47-03, condition 15,
22 requires that for every square foot of parking lot area that is waived a correlating
23 square foot of open space must be created in excess of the required 20% and
24 remain as open space via a Grant of Conservation Easement (GOCEA); and
4.11
26 WHEREAS Northstar Resort Enterprises has requested a waiver of
27 twenty-seven (27) spaces that will require a GOCEA be recorded for a minimum
28 of 4,131 ft2 running in favor of Monroe County prior to the issuance of any
29 Certificate of Occupancy (C.O.), and
30
31 WHEREAS, the Planning Commission reviewed the following
32 documents and other information relevant to the amendment to the Major
33 Conditional Use request:
34 1. Master Site Plan, Sheet A-1, by Robert Barnes, 6/20/06; and
35 2, Partial Site Plans, Sheets A-2 - 5, by Robert Barnes, 6/20/06; and
36 3. Reception & Office Floor Plan, Sheet A-6, by Robert Bames,1/10/06;
37 and
38 4. Reception & Office Elevations, Sheets A-7 - 8, by Robert Barnes,
39 1/10/ ft and
40 5. Restaurant & Lounge Floor Plan, Sheet A-9, by Robert Barnes,
41 6/20/06; and
42 6. Restaurant Elevations, Sheet A-10 -11, by Robert Barnes, 6/20/06; and
43 7. Maintenance First Floor Plan, Sheet A-13, by Robert Barnes, 6/20/06;
44 and
45 8. Maintenance Affordable Housing - Second Floor, Sheet A-14, by
46 Robert Barnes, 6/20/06; and
Northstar PC Rebolution v2
P02-07
Page 2 of 7
Northstar Resort Development Agreement: Exhibit G - Page 1 of 17
I
Dock 1633314 04/02/2007 1:36PM
Filed 8 Recorded in official
2
Records of
RESOLUTION 1V0. P02-07 MONROE COUNTY DANNY L. KOLNAGE
3
4
A RESOLUTION BY THE MONROE COUNTY PLANNING
n
5
COMMISSION APPROVING A REQUEST BY NORTHSTAR RESORT
ENTERPRISES
a
iIn 1
CORP. TO AMEND RESOLUTION P47-03 IN ORDER TO
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6
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BUILD A ONE HUNDRED THIRTY-EIGHT (138) UNIT RESORT HOTEL
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3110 8
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INCLUDING THE FOLLOWING AMENITIES: A 4,910 ft2
RESTAURANT, TWO (2) TIKI BARS, TIKI HUTS, A MAINTENANCE
A
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BUILDING, OFFICES AND ONE (1) AFFORDABLE HOUSING UNIT.
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ADDITIONALLY, THIS RESOLUTION IS APPROVING A FRONT
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12
YARD VARIANCE OF TWELVE (12) FEET ALONG WOODWARD WAY
AND
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A 13% REDUCTION IN PARKING TO ALLOW 182 SPACES.
got 13
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a 15
WHEREAS the Monroe County Plazuung Commission during a public
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16
g held on July 26, 2006 in Key Largo reviewed and considered this
hearin30
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amendment to a major conditional use along with the front yard variance and
rnt&&
$ 17
parking reduction waiver; and
feel 18
0 °,
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H
LL C 20
WHEREAS Northstar Resort Enterprises Corp. is the owner of record for
11.67 acres at Mile Marker 99.5 in
a �+
F.
21
Key Largo, Monroe County, Florida having
Real Estate Numbers: 00566430.000000, 00087940.000000,
0-0
a a
22
23
00087940.000100,
00087970.000100, 00088020.000000, 00088030.000000, 00088040.000000,
0088060.000000,
Mae P-
►-
and 00087950.000000, and
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25
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26
WHEREAS Resolution P47-M approved a major conditional use permit
to construct an eighty-nine (89) transient unit resort hotel and amenities; and
o
27
28
WHEREAS Resolution P47-03 linked the Northstar Resort Project with an
29
30
affordable housing project and required that a minimum of ten (10) affordable
•'-
�"
x
housing units be built; and
31a
32
33
WHEREAS the increase in units from eighty-nine (89) to one hundred
N
34
thirty-eight (138) increases the minimum, number of affordable housing units
from ten (10) to fifteen (15); and
35
$
36
37
WHEREAS Development Order #4-04 was a minor conditional use
application issued to establish forty-seven (47) ROGO
N "
38
exemptions from the
Northstar Resort site to be eligible for transference; and
tD
ro $� 39
NA.
a) 40
�d 41
WHEREAS Development Order #5-04 was a minor conditional use
application issued which received the forty-seven
m
42
(47) ROGO exemptions from
the Northstar Resort site at the Florida Keys RV Park
A
43
to be built as attached
affordable housing units; and
44
45
46
WHEREAS Resolution P55-03 approved the request filed by Northstar
Resort to transfer one hundred twenty-six 1126) ROGO exemptions from the
47
Florida Keys RV Park off of the site; and
Northstar PC Resolution v2
P02-07 Page 1 of 7
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.
6. 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 24t' day of September 2003.
Chair Coleman
Yes
Vice Chair Werling
Yes
Commissioner Mapes
Yes
Commissioner Margalli
Yes
Commissioner Ritz
Yes
Page 3 of 4
CATEMPT56-03.doc
Northstar Resort Development Agreement: Exhibit F - Page 2 of 3
1. The application for a Minor Conditional Use dated, April 21, 2003; and
2. Field survey prepared by Barrow Survey and Mapping, drawing #22557h-3,
updated 9/21/01; and
3. Site plan, signed and sealed 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 JEMPT56-01doc
Northstar Resort Development Agreement: Exhibit F - Rage 1 of 3
RESOLUTION NO. P56-03
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:
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
I2
J
Signed this , W�Kday of 421keZ� 2003
APPROVED AS T FORM
RM
AND Z.E9�AL SMUCIENC
BY A , /1�r .
rney's Offi
Page 3 of 3
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
#44-54-00037; 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:
1. 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 24` day of September 2003.
Page 2 of 3
a
Northstar Resort Development Agreement: Exhibit E - Page 1 of 3
RESOLUTION NO. P55-03
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 (1.26) 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
Paget of 3
C:tTEMP\P55-03.doc
(kl
Northstar Resort D jyff UmlrJAXegnTIZI b6D - Page 3 of 3
BK#2035 PG#242
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
NICOLE Y. PETRICK (-
Notery Public - Slals of FWft
*Cwr*nimEWa AVA2Wd
Commission i DD037864
this oW9 day of
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.
MONROE COUNTY
OFFICIAL RECORDS
DO # 5-04
Northstar "rRE Receiver Site
6/24/2004 5:11 PM FINAL Page 3 of 3 Initials
Northstar Resort Development Agreement: Exhibit D - Page 2 of 3
FILE #1463439
BR# 2 0 3 5 PG# 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 # 5-04
Northstar THE Receiver Site
6/24/2004 5:11 PM FINAL Page 2 of 3 Initials,—� �✓,
MONROE COUNTY Northstar Resort Development Agreement: Exhibit D - Page 1 of 3
OFFICIAL RECORDS
FILE #1 4 6 3 4 39 RCD Aug 17 2004 09,31AM
BK#2 0 3 5 PG#2 4 0 DANNY L KOLRAGS, 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)]; and
WHEREAS, the above described property is located in the Suburban Commercial (SC)
land use district, with the future land use map designation (FLUM) of Mixed Use/ Commercial
(MC); and
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:
A completed application for development
exemptions (Receiver Site) which included
application dated March 25, 2004; and
DO # 5-04
Northstar THE Receiver Site
6/24/2004 5:11 PM FINAL Page ] of 3
approval for transfer of ROGO
all documents required by the
Initials
Northstar Resort Development Agreement: Exhibit B - Page 6 of 6
13. The exi fft docking fAliity will remain at sixteen (16) OPs with two slips being
appropriated for the hotel's sunset cruise boat and charter float while the
remaining fourteen (14) slips will be for patron use only.
PAS= AND ADOPTED by the Phmmng Coon of Monroe County,
Florida,
Chair Ritz YES
Commissioner Coleman - YES
Commissioner Margalli YES
CommissiomerPutney YES
Com®issiomer Watling YES
Page 6 of 6
M
Initial
Northstar Resort Development Agreement: Exhibit B - Page 5 of 6
101
3. The County Engineer shall review and approve the surface water
management canceptual drainage plan prior to the issuance of a buRding permit.
4. The applicant shall obtain Florida Department of Transportation (FOOT) permits
far any recanfigurat, - of access ways and any other appropriate permits
identified through the FDOT pre-appliication process prior to the issuance of a
building permit
S. The proposed right turn, deceleration lane shall meet FDOT design criteria and be
approved by the Monroe County Traffic Consultant prior to the issuance, of a
buildingpe mit
6. A compIft plea review to die compliance with the provisions of Chapter
• 64B-6 of the Florida Admmisttative Code and Chapter 381 of the Florida Statutes
for on -site wastewater treatment by the appropriate agency (Florida Department
of Health, if flow is less than 10,000 gallons a day or Florida Department of
'a 1- onmental Protection, if flow is more than 10.000 gallons a day) prior to the
issuance of a building permit.
7. The 111 1 lanletion plan most 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 is jurisdictiond 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
Bnginema and the Florida Department of IS iromnental Protection prior to the
issuance of a building permit
9. The Numbstar hotel and its ameoities shall not be open to "the public'and any
departure from this "gated" concept shall -require an Amendment to a UWor
Camditional Usa
10. Not less than ten (10) and not more than twenty (20) newly constructed affordable
horsing employee housing emits consistent with Sections 9.54(A-5) and 9.54(U
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.
11. One non -electrified, but lighted, sign" be placed in the property's frontage on
U.S.1 to indicate the location ofthe Nortbdu hotel.
12. No motorized personal water min% including but not limited to, jet skis and wave
mumers will be rented from or allowed to be used from the Nordatar's docking
facility►. - . -
Page 5 of 6
Northstar Resort Development Agreement: Exhibit B - Page 4 of 6
N
12. Based on the agreement of the appheaws agent, no motorized personal water
craft, including but not limited to jet slus and wave runners will be rented or
allowed to be used from the NorBrsWs docking fact ty or boat ramp.
13. Based at the aft of the applicant's agent, the edsting docking facility will
ran & at sateen slips. Therefore, we conclude that two slips will be appropriated
for the hotel's two boats described as a sunset credse boat and a charter boat
renpectivesly while the remaining fourteen (14) slips wM be for pahan use only.
14. Based on die agreement of the applincaWs agent, any vebicWw traffic utilizing
Ted Stred is restricted to automobda. Thaefomq we conclude that there
slap be no oommaacW deliveries, no tractor -trailer or bus usage of Thurmond
Street for the purpose of entering or exiting the Northstar hotel.
15. Based on Section 9.5-61 of >he Monroe Courly I;and Development Regulations
the required packing shall be one hundred -twenty (120) spaces. Thewlb , we
conclude that fire surplus laud resulting from the reduction of paridng spaces from
238 to 120 shall remain as open space via a grant of conservation easement
(GOCKA)•
16. Based on the agreement of the applicant's agent, one of the two existing boat
ramps shall be removed. Therefore, we conclude tint that shall be only one boat
ramp available forpstrop use.
17. Based on the plans submitted, an outdoor lighting for the proposed development
must meet the erikda of sections 93-391- 395 with regard to cat -off figbts and
lighting in close proximity to the waterfionL
,NOW EFORE, BE IT RESOLVED BY TRZ PLANNING COMIVIISMON
OF MONROE COUNPYi FLORWA, that: the preceding findings of fact and
conclusions of law support its decision to APPROVE the request of Nordudw Resort
Enterprises, Inc. for a Major Conditional Use for the construction of a resort hotel with'
eighty-nine (99) units, 8,158 square feet of oammet+ d me and odier amenities on
property described as Section 32, Township 61 South, Range 39 East in Leitner's
Subdivision and El Dorado Heights Subdivision, Key Largo, Monroe Comity, Florida,
with the following conditions;
I. The applicant shall document the Wdstenoe'of the twelve unit motel formerly on -
site via a valid Florida license. If docennented, then the applicant shall need 77
Ttausfe mble ROGO Exemptions (IRE) to construct eighty-nine (89) hotel twits;
if not documented the 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 Resources Permit from 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 3 of 6
S. Based on the ph= submitted and the commeffis of the Monroe County Traffic
Consultant, the A& turn lane (deceleration Inc) does not meet FDW design
standards. Therefore, we conclude that the right turn lane most meet the FDOT
design standards and be approved by the County Traffic Cans<rltent.
6. Based an the material submitted flie proposed development mast c000linift with
the Florida Department of Health if wastewaW flows are less than or equal to
10,000 gallops per day or with -the Florida Department of Bnvirormewd
Protection if wastewater flows emceed 10,000 gallons pa day. Therefore, we
conclude that a complete plan review to determine compliance with theproviislons
of Chapter 64B-6 of the Florida Admin" sk- Code, and Chapter 381 of the
Florida Statutes by the appropriate agency is requited prior to the issuance of a
building permit.
7. Based on the plans submitted a Wien plan has not yet been submitted for
revim. Therefore, we conclude that a tran6plentation plan must be reviewed and
approved by the County Biologist prior to the issuance of a building permit.
S. Based on the plans submitted the proposed development will igclude renovation
of the existing docking faalittes, however no expansion of the docking facility a
allowed. There%re, we conclude that all aspects of the proposed development
that ate proposed in jurisdictional wetlands or subaterged lands will be subject to
reviiew and approval by both the U.S. Army Corps of Engineers and the Florida
Department of Environmental Protection.
9. Based on the material submitted all amenities associated with the NorduW hotel
are for patron use only including the restaurant, dodmg facilities, boat ramp,
swimming pool, eta. Therefore, we conclude that the Nortdow hotel and its
amenities will not be open to the public. Fu theanore, any departure ftm Eris
•'gated" concept will require an Amendment to a Major Conditional Use.
10. Based on the plans submitted and the caunn arts of do Manning Commission the
proposed development will ubhw 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 reprove that not less than ten (10) and not more than twenty
(20) newly constructed affordable employee housing units consistent with
Sections 9S-4(A-5) and (>rl) will be constructed off site.
11. Based on the statements of the applicant's agent, the siguage 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 fiontage on U.S.1 to indicate the
location of the Nordaw hoteL
Page 3 of 6
Northstar Resort Development Agreement: Exhibit B - Page 2 of 6
.
• The following letteus of 000rdmatcow.
Department of Environmental Protection, dated 12/MM
Emirormseotai Protection, dated 1/09/Ol
Dept of
Department of Commmnty Affairs, dated 12=00
Soutli Florida Water Management District, dated 12/16M2
Florida Department of Heap, dated 1 V27/02
Monroe County Solid Waste Msnage meat, dated 1IJ26102
Florida Keys Electric Cooperative, dated 12=02
Florida Keys Aqueduct Authority, dated 12/03/02
• Sworn testimony of staff
• Comments of John Wolfe, Planning Commission ComwL and
• Swomteshmonybymembeas ofthepublic
VVHRREAS, On Ple®ing Commission adopted the followbog findings of fact and
cemcla-- o s oflaar -
1. Based an the materials submitted, to develop an eig V4due-unit hotel vft 8,158
Mum feet of commercial use the applicant will need to document Ste exdsteace
of the twdvewnit motel formerly on -site via a valid Florida license. If
Ihen seventy-seven (77) Transferable ROGO Exemptions ORE) will
be required to achieve the total of eighty-nine units. In lien of said documentation
89 THE will be required. Additionally fifteen (15) Tiawfirable Development
Rights (TDR) will be tegaired to qualify the proposed development to use the
m udmum net density for the site per Section 9.54(D-4) of the Monroe County
Land Development Regulations. Therefore, we conclude the appropriate
licensing documentation in combination with 77 THE and 15 TDR must be
obtained or a total of 89 THE in combination with 15 UIR must be obtained prior
to the issuance of a building permit. -
2. Based on the materials submitted for review the . project will require an
Environmental Resomom 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 Sue plans submitted a surface water maasgemeadconceptual drainage
plea is repomented on Sheet C-1. Thamf ore we conclude that the County
Ergincer must review and approve the surfmc water management/concepmal
drainage plan prior to the issuance of a building permit.
4. Based on the material. submitted, Florida Department of Transportation (TKM
permits will be required for any reconfiguration of existing access ways as well
as any other appropriate permits identified through the FDOT pre -application
process. Therefore, we conclude that the applicant must receive approval from
FDO T via a letter of intent prior to the issuance of a building permit.
Page 2 of 6
Northstar Resort Development Agreement: Exhibit B - Page 1 of 6
RESOLUTION P47-03
A RFSOMMON BY THE MONROE COUNTY PL• ANNING
CODEMISSION - APPROVING A MAJOR CONDITIONAL USE
REQUESTED BY NORTHSTAR RESORT ENTERPRISES
CORPORATION FOR THE CONSTRUCTION OF A RESORT HOTEL
WITH EIGBTY-NINE (89) UNITS, 8,158 SQUARE _ FEET OF
COMMERCIAL USE AND OTHER AMENITIES ON PROPERTY
DESCRIBED AS SECTION 32, TOWNSM P 61 SOUTH, RANGE 39 EAST
IN LEITNER'S SUBDIVISION AND EL DORADO HEIGHTS
SUBDIVISION, KEY LARGO, MONROE COUNTY, FLORIDA WITH
THE REAL ESTATE NUMBERS 00087940.000100, 00087970.000100,
00088020.000000, 00088M-000000, AND 00098040.000000
WHEREAS, Norfidar Resort Enterprises Corporation is the owner of real
property desc IW as Section 32, Township 61 South, Range 39 East in Leitnees
Subdivision and El Dorado Subdivision. Key Largo, Monroe County, Florida with the
Real Estate numbers 00087940.000000, 00097970.000100, 00088020.000000,
00088030.000000, and 00088040.00WW; and
WHEREAS, the above described property is located is the Suburban
Commercial (SC) land use (zoning) district; and
• WHEREAS, the Planning Commission of Monroe C uty, Floada, in
a000rdance with the provisions of Sections 9.5-24 and 9-5-69 of the Monroe County Land
Development Regula d=6 met at a regular scheduled meeting on June 25, 2003•to review
Ow request of Northstar Resort Enterprises Corporation for approval of a Major
Conditional Use for ther construction, of an eighty-nine (89) unit hotel with 9,159 square
feet of commercial use and other amenities; and
WHEREAS, the Planning Commission reviewed the following inkrniation
relevant to the request for $ Major Conditional Use: .
• The application for a Major Conditional Use dated 11/20/02; and
• Field survey prepared by Barrow Survey and Mapping,- drawing #225571-3,
updated 9121/01; and
• Site plan, Sheet A-L signed and sealed by Robert Barnes & Associates, dated
4/02102;and
• Landscape plan, Sheet L-2, by Brown and Crebbin Design Studio, be.. dated
5/17/02; and
• StaffRgmm dated May 9, 2003; and
• Drainage Plan, Sheet C-1, by Allen Perez, Perri 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
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Parcel 5 Northstar Resort Development Agreement: Exhibit A - Page 5 of 7
A part of Lots 4 and 8 in Section 32, Township 61 South, Range 39 East,
more particularly described as follows-. Commencing at a point where Lot 8,
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`1500® (136'29'00"
measured) run Southwesterly 20000 feet; thence at an angle of 53'16'219',
run northwesterly 563,99 feet, thence run Northeasterly meandering along the
water's edge 142.00 feet, more or less, thence run S 49'42'13'E for 131,80,
thence run N 59'59" E for 45.00 feet, thence run along Woodward Way
Southeasterly a distance of 41529 feet back to the place or Point of Beginning.
A portion of Tracts 8 and 12 in Section 32, Township 61 South,
Range 39 East on Key Largo, according to Model Land Co Plot
recorded in Plot Book I Page 68, Public Records of Monroe County,
Florida more particularly described as follows,
From the intersection of the East line of said Traci B and the North—
westerly right of way line of the Overseas Highway run S.43'20' W.
along 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 1(7 07' 32" * a distance of 578 ft.
more or less to the shore of Buttonwood Soun&, thence Northwesterly
meandering said shoreline a distance of 100 ft., more or less to the
point of intersection with a line which runs North 10* 07' 324 W, from
the point of beginning,, thence S 10'07'32' E. a distance of 5695 ft,
more of less to the point of beginning,
N
I 4
Northstar Resort Development Agreement: Exhibit A - Page 4 of 7
Northstar Resort Development Agreement: Exhibit A - Page 3 of 7
o rt feet of # I fr r Ind t
t I t I t o e p records
nr n , r° Con uloln u f more r less.
Together with portkms of the f otlowing described parcels,
Subjtct pwtons beinj more partgeukuly described as fellows
Ii
Vie IntersectIon of t e0stedy I rye of El Dorado t
w with the erly Ins t lock A sold d
: or�din€� t a colt thereof recorded in Plot Soak I at Pose 203
M
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 book 1 at Page 203 of the public records
of lot
County, Florida, Containing 3,749 square feet more or less
Together with portions of the following descrlloed parcelsi
The South one—half of the following described property to
wit: The West 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
thereof, as recorded in Plat Book 1, at Page 68, of the
Public Records of Monroe County, Florida; And
The East 75 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 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
Begin at the intersection of the easterly line of El Dorado Heights
subdivision with the southerly line of Lot 9, Block 3 of said Er Dorado
Heights according to the plat thereof recorded in Plat Book 1 at Page 203
of the public records of Monroe County, Florida, said southerl line being
also the northwesterly right of way line of State Road No 5 �US Highway
No, 1 100 feet northwesterly of c nterline of sai.4 Slate Roa No 5.
From said Point of Begi'nnin , run hence S 02'00 43 E olong said easterly
line of said EI Dorado Heigh�s for a distance of 4Z 17 feet to the north
wester) right of wayline of said State Road No 5, 70 feet ngrthwesterly
of centerline of saiState Road No 5 thence run N 43'20 00 E along
iaid n ht of a line for a Van of 15g,p6 fe t {o a 1 inch s are
ron Rd {orl inn I Jenkens pin} on eihe east line of Lot 1 1,. occor��ng to
Plat Book 1 $qqe WS of PUbIic Records, Monroe County, Florida; thence
run N Ozbb 00 W along said east line of Lot 11 for a distance
of 211,2 feet more or lees to an existin chain link fence; thence run
along said chain link fence in a southwesterly direction for 120.55 feet more
or less to a, pgint on the easterly line of said El Dorado Hei his; thence
run 02"00 43 E along :said easterly line of said El Dorado I�eights for
a distance of 280.2 feet more or less to the Point of Beginning,
Containing 32,090 square feet, more or less.
ANDS
0 Northstar Resort Development Agreement: Exhibit A - Page 1 of 7
LEGAL DESCRIPTIONS
2011-11-01
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 RV Park Development Agreement Page 16
2011-11-01
ATTEST:
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
Danny L. Kolhage, Clerk
Deputy Clerk Mayor
APPROVED AS TO FORM AND
CORRECWNESS
Susan Grimsley ssistant Count Attorney
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of
, 2011, by , the Mayor of the
Board of County Commissioners of Monroe County, Florida, who is personally
known to me, or who has produced
identification and who did/ not take an oath.
Notary Seal
Notary Public, State of Florida
Print Name:
My Commission Expires: _
Lim
Northstar Resort Hotel and RV Park Development Agreement Page 15
2011-11-01
Marathon Government Center
2798 Overseas Highway
Marathon, FL 33050
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:
Witness
Print Name:
Witness
STATE OF FLORIDA
COUNTY OF MONROE
NORTHSTAR RESORT ENTERPRISES
CORPORATION
a Florida corporation
By:
Its:
VP
The foregoing instrument was acknowledged before me this day of
2011, by , the
of Northstar Resort Enterprises Corporation, a Florida corporation,
who is personally known to me, or who has produced
as identification and who did/ not take an
oath.
Notary Seal
Notary Public, State of Florida
Print Name:
My Commission Expires:
Northstar Resort Hotel and RV Park Development Agreement Page 14
2011-11-01
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
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 Assignments.
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
2011-11-01
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 terms 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
2011-11-01
Description of conditions, terms, restrictions, or other requirements
determined to be necessary by the local government for the public
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
2011-11-01
61
1
VA
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 RV Park Development Agreement Page 10
2011-11-01
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 per 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
2011-11-01
(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.ft./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
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
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
2011-11-01
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 I) 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 1 for the duration of this development agreement.
C. General Provisions.
1. Legal 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 "B" 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.
3. 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
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
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 furthered 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
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 TDRs, 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 transferedl 1.55 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
2011-11-01
Prepared by:
RC3WORLD, INC
Land Use Planning & Consulting
Phone: 678.708.9247
Email: Joel@rc3world.com
Mailing Address
411 Ridgewood Rd NE
Atlanta, GA 30307
Physical Address
1029010verseas Highway
Key Largo, FL 33037
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
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
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3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
Permitted uses are stated in Section 4 c. (pages 5-6). Note: A major conditional use
permit shall also be required to develop the site with RVs. The Planning Commission
would have the opportunity to place conditions on any approval at that time, so long as
the conditions are consistent with this development agreement.
i) A statement indicating that the failure of the agreement to address a particular permit,
condition, term, or restriction shall not relieve the developer of the necessity of
complying with the law governing said permitting requirements, conditions, term, or
restriction:
Breach, amendment, enforcement and termination of the development agreement are
discussed in Sections 5, 6 and 7 (pages 11-12).
V RECOMNMNDATION:
Planning & Environmental Resources Department staff recommends approval of the
development agreement.
Page 6 of 6
1 a) A legal description of the land subject to the agreement, and the names of its legal and
2
equitable owners: In compliance.
3
4
The applicant submitted a legal description as part of the development agreement, as
5
referenced in Section B (page 1) and provided in Exhibit A. Ownership is stated in the
6
header (page 1).
7
8
b)
The duration of the agreement: In compliance.
9
10
The agreement shall remain in effect for 10 years from the effective date, as stated in
11
Section 4 b. (page 5).
12
13
c)
The development uses permitted on the land, including population densities, and building
14
intensities and height: In compliance.
15
16
Permitted uses, including population densities and building intensities and heights, are
17
stated in Section 4 c. (pages 5-6).
18
19
d)
A description of public facilities that will service the development, including who shall
20
provide such facilities; the date any new facilities, if needed, will be constructed; and a
21
schedule to assure public facilities are available concurrent with the impacts of the
22
development: In compliance.
23
24
Public facilities are described in Section 4 d. (pages 6-10).
25
26
e)
A description of any reservation or dedication of land for public purposes: In compliance.
27
28
Reservation or dedication of land is described in Section 4 e. (page 10). Note: There will
29
be no reservation or dedication of land for public purpose.
30
31
f)
A description of all local development permits approved or needed to be approved for the
32
development of the land: In compliance.
33
34
Required local development permits are described in Section 4 f. (pages 10-11).
35
36
g)
A finding that the development permitted or proposed is consistent with the local
37
government's comprehensive plan and land development regulations: In compliance.
38
39
A finding of consistency is provided in Section 4 g. (page 11). Note: The development
40
agreement is consistent with the Monroe County Comprehensive Plan, the Key Largo
41
Community Master Plan (also known as the Livable CommuniKeys Plan) and the
42
purpose and permitted uses of the SC district within the Monroe County Code.
43
44
h)
A description of any conditions, terms, restrictions, or other requirements determined to
45
be necessary by the local government for the public health, safety, or welfare of its
46
citizens: In compliance.
Page 5 of 6
1 III BACKGROUND INFORMATION:
2
3 A. Total Size of Parcel: 11.67 acres (508,656 SF)
4 B. Land Use District: Suburban Commercial (SC)
5 C. Future Land Use Map (FLUM) Designation: Mixed Use / Commercial (MC)
6 D. Tier Designation: Tier 3
7 E. Flood Zones: Part X, AE-EL 10, part VE-12 and part VE-14
8 F. Existing Use: Vacant
9 G. Existing Vegetation / Habitat: Scarified, with a small mangrove fringe along a portion of
10 the shoreline
11 H. Community Character of Immediate Vicinity: Mixed Use; commercial, office,
12 residential, public, and marina uses
13
14 IV REVIEW OF APPLICATION:
15
16 The development agreement would allow the property owner to construct and operate a 138-
17 space campground for recreational vehicles in the interim time between the effective date of
18 the agreement and the completion of an unconstructed 138-unit hotel approved by Planning
19 Commission Resolution #P02-07.
20
21 138 transient ROGO exemptions are currently associated with the subject property (12 from
22 historical development on site + 77 from Resolution #P56-03 + 49 from Resolution #P02-
23 07). The development agreement would allow the property owner to apply for an
24 amendment to the site's existing, active major conditional use permit in order to develop in
25 phases. The first phase would involve the development of a campground of 138 RV spaces.
26 The second phase would involve transitioning the site from RV spaces to hotel rooms
27 (however, the total number of transient residential units, which includes both RV spaces and
28 hotel rooms, shall not exceed the total of 138 transient ROGO exemptions). The final phase
29 would involve the development of the 138-unit hotel approved by Planning Commission
30 Resolution #P02-07.
31
32 The site plan would only be approved conceptually by the development agreement. A full
33 site plan review will occur during the major conditional use permit process.
34
35 The BOCC shall have authority to enter into a development agreement by resolution with any
36 person having a legal or equitable interest in real property located within the unincorporated
37 area of Monroe County if the development agreement meets all of the requirements of the
38 Florida Local Government Development Agreement Act, section 163.3220-163.3243, Florida
39 Statutes; provided, however, that the duration of the development agreement shall not exceed
40 10 years, and any duration specified in a development agreement shall supersede any
41 conflicting duration otherwise specified in the land development regulations.
42
43 Pursuant to section 163.3227, Florida Statutes, a development agreement shall include the
44 following:
45
Page 4 of 6
1 2007: An amendment to a major conditional use permit was approved for the development
2 of a resort hotel with 138 transient units, a 4,910 SF restaurant, two tiki bars, tiki huts, a
3 maintenance building, offices and an affordable housing unit on the subject property.
4 Resolution #P02-07 also approved the reception of 49 TRE's from the Lakeview Gardens
5 site at the subject property. The approval was memorialized in Planning Commission
6 Resolution #P02-07, which amended the previous approval granted by Resolution #P47-03.
7 Resolution #P02-07 was passed and adopted by the Planning Commission at a public hearing
8 on July 26, 2006 and signed by the Planning Commission Chair on January 24, 2007.
9 Following its passing of appeal periods, the document was filed and recorded in the official
10 records of the Monroe County Clerk of the Circuit Court on April 2, 2007.
11
12 2007: A minor deviation to Resolution #P02-07 was approved in order to carry out minor
13 modifications to the site plan.
14
15 2008: Northstar Resort Enterprises, Inc. and Monroe County entered into a development
16 Agreement that, in part, approved the transfer of the 47 TRE's established in Development
17 Order #4-04 to Monroe County.
18
19 2009: A second minor deviation to Resolution #P02-07 was approved in order to carry out
20 minor modifications to the site plan.
21
22 2009: Following the initial approval documented in Resolution #P02-07, a resolution
23 approving additional time to carry out the project was granted. The time extension,
24 memorialized in Planning Commission Resolution #P32-09, passed and adopted by the
25 Planning Commission at a public hearing on July 22, 2009 and signed by the Planning
26 Commission Chair on July 31, 2009. Following its passing of appeal periods, the document
27 was filed and recorded in the official records of the Monroe County Clerk of the Circuit
28 Court on December 1, 2009. Pursuant to the first condition of Resolution #P32-09, the
29 project approved by Resolution #P02-07 was provided a new expiration date of June 22,
30 2010 to acquire all required certificates of occupancy.
31
32 2010: Following the time extension documented in Resolution #P32-09, an additional time
33 extension was granted in accordance with Florida S.B. 360 on September 15, 2010. As such,
34 the project approved by Resolution #P02-07 was provided a new expiration date of June 22,
35 2012 to acquire all required certificates of occupancy.
36
37 2011: A third minor deviation to Resolution #P02-07 was approved in order to carry out
38 minor modifications to the site plan.
39
40 On August 23, 2011, this development agreement was reviewed by the Development Review
41 Committee.
42
43 On September 28, 2011, this development agreement was reviewed by the Planning
44 Commission at a public hearing.
45
46
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Location:
3 Address: 99060 Overseas Highway (US 1), Key Largo, mile marker 99 (Florida Bay
Side of US 1)
6 Legal Description: A portion of lots 4, 8, 9, 11 and 12 in Section 32, Township 61 South,
7 Range 39 East (PB1-68) and Block 3, Lot 3, El Dorado Heights (PB1-203), Key Largo,
0 Monroe County, Florida
10 Real Estate (RE) Number: 00088020.000000 (note: In Resolution #P02-07, the subject
11 property is identified as consisting of nine parcels, assessed as the following RE#'s:
12 00566430.000000, 00087940.000000, 00087940.000100, 00087970.000100,
13 00088020.000000, 00088030.000000, 00088040.000000, 0088060.000000 and
14 00087950.000000. For the 2008 tax roll, the property owner aggregated the parcels
15 under a single RE#: 00088020.000000)
16
18 Applicant:
18 Property Owner: Northstar Resort Enterprises Corp.
21 Agent: Joel Reed
22
23 11 RELEVANT PRIOR COUNTY ACTIONS:
24
25 2003: Planning Commission Resolution #P55-03 lawfully established 126 Rate of Growth
26 Ordinance (ROGO) exemptions at the Lakeview Gardens site and approved the 126 ROGO
27 exemptions as Transferable ROGO Exemptions (TRE's) and eligible for transfer.
28
29 2003: Planning Commission Resolution #P56-03 was issued to establish that 77 of the 126
30 TRE's established by Resolution #P55-03 may be received at the subject property.
31
32 2004: A major conditional use permit was approved for the development of a resort hotel
33 (Northstar Resort) with 89 transient units, 8,158 SF of commercial floor area and other
34 associated amenities on the subject property. The approval was memorialized in Planning
35 Commission Resolution #P47-03. Resolution #P47-03 was passed and adopted by the
36 Planning Commission at a public hearing on June 25, 2003 and signed by the Planning
37 Commission Chair on September 10, 2003. The approval was appealed and a final order by
38 the Administrative Law Judge upholding the approval was sent to the County on November
39 1, 2004 (DOAH Case #03-4720). Resolution #P47-03 also linked the Northstar Resort
40 project with an affordable housing project and required that a minimum of 10 affordable
41 housing units be built.
42
43 2004: A minor conditional use permit, memorialized in Development Order #4-04, was
44 issued was to establish 47 TRE's from the subject property were eligible for transfer.
45
46 2004: A minor conditional use permit, memorialized in Development Order #5-04, was
47 issued to establish that the 47 TRE's from the subj ect property may be received at the Florida
48 Keys RV Park (to be built as affordable housing). Development Order #5-04 expired and as
49 a result the 47 ROGO exemptions reverted back to the subject property.
50
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MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional and fair
To: Monroe County Board of County Commissioners
Through: Christine Hurley, AICP, Director of Growth Management
Townley Schwab, Senior Director of Planning & Environmental Resources
From: Joseph Haberman, AICP, Planning & Development Review Manager
Date: October 21, 2011
Subject: Request for a 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 (File #2011-075)
Meeting: November 16, 2011
I REOUEST:
The development agreement would allow the property owner to construct and operate a 138-
space campground for recreational vehicles in the interim time between the effective date of
the agreement and the completion of an uncontracted 138-unit hotel approved by Planning
Commission Resolution #P02-07.
Subject Property (2009)
Page 1 of 6
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 16, 2011 Division: Growth Management
Bulk Item: Yes _ No X Department: Planning & Environmental Resources
Staff Contact Person/Phone #: Christine Hurley — 289-2517
Joseph Haberman - 289-2532
AGENDA ITEM WORDING: A public hearing to consider a 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.
ITEM BACKGROUND: The development agreement would allow the development of a 138-space campground for
recreational vehicles (RVs) in the interim time between the effective date of the agreement and the completion of an
unconstructed 138-unit hotel approved by Planning Commission Resolution #P02-07.
138 transient ROGO exemptions are currently associated with the subject property. The agreement would allow the
property owner to apply for an amendment to the site's active major conditional use permit in order to develop in phases.
The first phase would involve the development of a campground of 138 RV spaces. The second phase would involve
transitioning the site from RV spaces to hotel rooms (however, the total number of transient residential units, which
includes both RV spaces and hotel rooms, shall not exceed the total of 138 transient ROGO exemptions). The final phase
would involve the development of the 138-unit hotel approved by Planning Commission Resolution #P02-07.
The site plan would only be approved conceptually by the development agreement. A full site plan review will occur
during the major conditional use permit process.
On August 23, 2011, this development agreement was reviewed by the Development Review Committee. On September
28, 2011, this development agreement was reviewed by the Planning Commission at a public hearing.
Regarding major conditional use permit approvals acted on by the Planning Commission:
2004: A major conditional use permit was approved for the development of a resort hotel (Northstar Resort) with 89
transient units, 8,158 SF of commercial floor area and other associated amenities on the subject property. The approval
was memorialized in Planning Commission Resolution #P47-03. The approval was appealed and a final order by the
Administrative Law Judge upholding the approval was sent to the County on November 1, 2004 (DOAH Case #03-4720).
2007: An amendment to a major conditional use permit 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 affordable housing
unit on the subject property. Resolution #P02-07 also approved the reception of 49 TRE's. The approval was
memorialized in Planning Commission Resolution #P02-07, which amended the previous approval granted by Resolution
#P47-03.
PREVIOUS RELEVANT BOCC ACTION:
March 19, 2008: Northstar Resort Enterprises, Inc. BOCC approved a development Agreement that, in part, approved the
transfer of the 47 TRE's established on the property in Development Order #4-04 to Monroe County.
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: Approval
TOTAL COST: INDIRECT COST: BUDGETED: Yes No _
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No AMOUNT PER MONTH Year
APROVED BY: County Atty x OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required_
DISPOSITION: AGENDA ITEM #