Item H6BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 9, 2015 Department: Planning & Environmental Resources
Bulk Item: Yes X No Staff Contact /Phone #: Mayt6 Santamaria/289-2562
AGENDA ITEM WORDING: Approval of Consent to Assignment and Assumption of Development
Agreement consenting to the assignment of rights and obligations under the Development Agreement
between Monroe County and Northstar Resort Enterprises Corp. ("Northstar") to Cheeca Holdings,
LLC ("Cheeca").
ITEM BACKGROUND: Northstar entered into a Development Agreement ("Agreement") with
Monroe County on November 16, 2011. The Agreement provides for phased development of a 138-
unit hotel at the site of a 138-space campground for recreational vehicles. 138 transient ROGO
exemptions ("TREs") are associated with the subject property, which is located at 99060 Overseas
Highway, Key Largo. Section M. of the Agreement provides that it (the Agreement) may not be
assigned without the County's express written approval, and that such County approval shall not be
unreasonably withheld.
The Consent to Assignment does not change any term of the Agreement, and provides that Northstar
must subsequently assign the Agreement to Cheeca and must transfer title to the subject property to
Cheeca by December 31, 2016. If these conditions are not satisfied, the Consent to Assignment shall be
rendered ineffective, and all rights and obligations under the Agreement revert back to Northstar.
PREVIOUS RELEVANT BOCC ACTION:
March 19, 2008: Approval of a Development Agreement that, in part, approved the transfer of 47 TREs
established on the property pursuant to Development Order No. 04-04 to Monroe County.
November 16, 2011: Approval of the subject Development Agreement between Northstar Resort
Enterprises Corp. and Monroe County.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: N/A SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes _ No AMOUNT PER MONTH N/A Year N/A
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included Not Required
DISPOSITION: AGENDA ITEM #
Prepared by and Return to:
Peter H. Morris, Assistant County Attorney
Monroe County Attomey's Office, FBN 104101
2798 Overseas Highway, Marathon, FL 33050
Morris-Peter().MonroeCounty-FL. eov
CONSENT TO ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT
THIS CONSENT TO ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT (hereinafter
"Consent to Assignment") is made and entered into as of this day of , 2015), by
the Monroe County Board of County Commissioners (hereinafter "County"), NORTHSTAR RESORT
ENTERPRISES, CORP., a Florida corporation (hereinafter "Assignor"), having an address at 99010 Overseas
Highway, Key Largo, FL 33037, and CHEECA HOLDINGS, LLC, a Delaware limited liability company
(hereinafter "Assignee"), having an address at 199 East Pearl Street, Suite 103, Jackson, Wyoming 83001.
WHEREAS, the County and Assignor entered into that certain Development Agreement between the
County and Assignor (hereinafter "Development Agreement") dated November 16, 2011, and recorded at Book
2543, Page 959, Document Number 1859469, of the Public Records of Monroe County, Florida, a true and
correct copy of which is attached hereto as Exhibit "A" to this Consent to Assignment and incorporated herein;
and
WHEREAS, Assignor is the fee simple title owner of the real property known as "the Resort Site"
described on Exhibit "A" to the Development Agreement, recorded at Book 2543, Page 959, specifically inclusive
of pages at Book 2543, Pages 975 through 981, Document Number 1859469, of the Public Records of Monroe
County, Florida; and
WHEREAS, Assignor wishes to assign to Assignee all of Assignor's right(s), title, and interest(s)
(hereinafter "Rights"), and obligations, duties, responsibilities, conditions, and restrictions (hereinafter
"Obligations") in and to said Development Agreement, and Assignee wishes to assume all of the Rights and
Obligations of Assignor in and to said Development Agreement; and
WHEREAS, as used herein, "Assignment" means the Assignment of no less than all of Assignor's
Rights and Obligations under said Development Agreement to Assignee; and
WHEREAS, pursuant to Florida Statutes Sections § 163.3220-163.3243 (hereinafter "Florida Local
Government Development Agreement Act"), Monroe County Code Article V., Sections §§ 110-132-133, and
Section M. of said Development Agreement, recorded at Book 2543, Page 971, of said recorded Development
Agreement, , the County desires to grant its written approval for said Assignment to occur; and
WHEREAS, this Consent to Assignment and the Assignment of Rights and Obligations of a
Development Agreement are consistent with the Monroe County Comprehensive Plan and the Monroe County
Land Development Regulations; and
WHEREAS, the County, as party to said Development Agreement, hereby approves such Consent to
Assignment;
NOW, THEREFORE, in consideration of above -referenced Section M. of said Development Agreement
and the promises and covenants herein, together with other good and valuable consideration, the adequacy,
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sufficiency, and receipt of which are hereby acknowledged, the undersigned parties agree as follows:
1. The foregoing recitals are true and correct and are hereby incorporated as if fully stated herein.
2. This Consent to Assignment only confers County consent to Assignment of all of Assignor's Rights and
Obligations under said Development Agreement to Assignee, and shall neither operate to nor be construed as
confer(ring) consent to less than all of Assignor's Rights and Obligations under said Development Agreement
to Assignee.
3. This Consent to Assignment, or portions hereof, cannot itself or themselves be amended, assigned, conveyed,
modified, or transferred, unless the County agrees, consents, and joins in writing thereto, and any such
amendment, assignment, conveyance, modification, or transfer must be executed in writing by the County
and, as applicable, Assignor, and/or Assignee, or, if applicable, by both the County and the assign(s) or
successor(s) in interest to the, as applicable, Assignor, and/or Assignee.
4. In the event Assignor fails to convey fee simple title of the real property legally described on Exhibit `B" to
this Consent to Assignment to Assignee, incorporated herein, by December 31, 2016, this Consent to
Assignment shall be of no force and effect upon January 1, 2017.
5. In the event Assignor so fails to convey fee simple title of the real property legally described on Exhibit `B"
to this Consent to Assignment to Assignee by December 31, 2016, or should the contemplated transaction
between Assignor and Assignee be terminated as evidenced by an affidavit properly executed and notarized
by Assignor, the County, Assignor, and Assignee, and all third -parties shall be entitled to treat all of
Assignor's Rights and Obligations in and to said Development Agreement as having reverted from Assignee
back to Assignor as if this Consent to Assignment and an Assignment and/or conveyance effectuating
Assignment had never been mutually executed by and between the undersigned parties and/or the parties to
such conveyance effectuating Assignment.
6. Assignor must formally notify the County of its Assignment to Assignee made pursuant to this Consent to
Assignment, must formally notify the County of its conveyance to Assignee of fee simple title of the real
property made pursuant to this Consent to Assignment and legally described on attached Exhibit `B," and
must notify the County of termination of the contemplated transaction between Assignor and Assignee by
affidavit as set forth in Paragraph 5 above, with a copy of said affidavit enclosed, by U.S. Postal Service
Certified Mail, return receipt requested, in the following form and address:
Monroe County Administrator
Attn: Development Agreement between Monroe County and Northstar Resort Enterprises, Corp.
1100 Simonton Street
Key West, FL 33040
With a copy to: Monroe County Planning & Environmental Resources Department
Attn: Senior Director - Attn: Development Agreement between Monroe County and Northstar Resort
Enterprises, Corp.
2798 Overseas Highway, Marathon, FL 33050
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With a copy to: Monroe County Attorney
Attn: Development Agreement between Monroe County and Northstar Resort Enterprises, Corp.
P.O. Box 1026
Key West, FL 33041-1026
7. This Consent to Assignment neither operates to nor may be construed as add(ing) to, extend(ing),
modify(ing), or rescind(inding) any term(s), covenant(s), condition(s), provision(s), requirement(s), and
restriction(s) of said Development Agreement.
8. No person(s) or entity(ies) shall be entitled to rely upon the condition(s), provision(s), requirement(s), or
term(s) of this Consent to Assignment to enforce or attempt to enforce any third -party claim(s) or
entitlement(s) to or benefit(s) of any service or program contemplated hereunder.
9. No condition(s), provision(s), or term(s) of this Consent to Assignment shall be deemed to be a covenant or
agreement of any officer, member, employee, or agent of the County in his or her individual capacity, and no
officer, member, employee, or agent of the County shall be liable personally in this Consent to Assignment.
10. This Consent to Assignment shall neither operate to nor may be construed as constituting permit authorization
for or approval of development (hereinafter "Work") pursuant to said Development Agreement, and any such
Work shall be subject to all applicable federal, state, Monroe County, and local legal, permitting, and
regulatory requirements.
11. This Consent to Assignment shall be governed by and construed in accordance with the Laws of the State of
Florida and the United States. Exclusive venue for any dispute arising under this Consent to Assignment shall
be in the Sixteenth Judicial Circuit in and for Monroe County, Florida, Assignor and Assignee hereby
expressly waive their rights to a jury trial and any rights they may have to bring a claim against the County
for injury or damage allegedly caused by the action or inaction of the County under this or pursuant to this
Consent to Assignment, and this Consent to Agreement shall not be subject to arbitration.
12. Each party agrees that they have authority to execute this Consent to Assignment on behalf of each party and
represents and warrants that such person has the full right and authority to enter into this Consent to
Assignment on behalf of such party and to fully bind such party to the terms and obligations of this Consent
to Assignment.
13. The Assignee shall record this Consent to Assignment in the Public Records of Monroe County, Florida, no
later than 30 days after the County's initial approval of the same.
14. The Assignee shall solely pay any and all costs and expenses associated with such recordation.
15. This Consent to Assignment and the Resolution approving such Consent to Assignment shall take effect upon
its proper recordation by Assignee.
16. This Consent to Assignment may be executed in two or more counterparts, each of which shall be deemed an
original, but all of which together shall constitute one and the same executed instrument.
17. The effective date of this Consent to Assignment shall be the same as the County's date of execution of this
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Consent to Assignment.
IN WITNESS WHEREOF, the undersigned executed this Consent to Assignment and Assumption of Development
Agreement this day of , 2015.
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
Mayor Heather Carruthers
Monroe County Attorney
Approved as to Form:
By --
Peter H. Morris, Assistant County Attorney
MOAP ROVED AS TO FOROE COUNTY M
PETER MORRIS
ASSISTANT COU TY ATTORNEY
Date:
(SEAL)
ATTEST: AMY HEAVILIN, CLERK
I:
Deputy Clerk
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WITNESSES AS TO ALL:
W' ess No. 1 (Print Name)
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Witness No. 1 (Signature)
Witness No. 2 (Print Natne)
W ess No. 2 (Signature)
STATE OF rL
COUNTY OF lrL „
ASSIGNOR:
NORTHSTAR RESORT ENTERPRISES CORP., a Florida corporation,
Signed, sealed and delivered
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((Print Name) r
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Date (Print)
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Authorized Official Capacity (Print Title of Authorized Capacity/Position)
The foregoing instrument, Consent to Assignment and Assumption of Development Agreement, was
acknowledged before me this Rq day of Z c,- _ 20 �, by -
who is erso 1 kn to me or produced as proof of identification and did take an
oath. '
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z Notary Public - State of Florida
a My Comm. Expires Oct 0, 2017
Commission # FF 53940
[The remainder of this page has been intentionally left blank.]
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ASSIGNOR:
CHEECA HOLDINGS, LLC, a Delaware limited liability company,
WITNESSES AS TO ALL: Signed, sealed and delivered
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Witness N k1l Print Name)
Witn o. 1 (Signature)
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Witness No. 2 (Print Nazi)
�ness No. 2 (Signature)
STATE OF x .- 0
COUNTY OF 11A 0
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(Print__ ame) :. y
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Date (Print)
Authoriz d ficial Capacity (Print Title of Authorized Capacity/Position)
The foregoing instrument, Consent to Assignment and Assumption of Development Agreement, was
acknowledged before me this 'I'" `day of cam) , 20 " , by C_ 4a—s- l -, "..' _ "P'Z'
who is personally keno tID me or produced as proof of ide'ntificaliorf and did take an
oath.
y,••.. ANDREW MANN
My COMMISSION # FF 201958
EXPIRES: May 19, 2019
~ lifiilh�' Bv4W ihN Notary Pubic Undembrs
Notary Public Seal
Notary Public (Print Name and Notary No.)
Notay Public (Signature)
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Prep by:
RC3WORLD, INC
Land Use Planning & Consulting
Phone: 678.708.9247
Email: orld.com
Mailing Address
411 Ridgewood Rd NE
Atlanta, GA 30307
Physical Address
102901 Overseas Highway
Key Largo, FL 33037
2011-11-01
Doc# 1859469 11/28/2011 8;19AM
Filed & Recorded in Official Records of
MONROE COUNTY DANNY L. KOLHAGE
Doc# 1859469
8k# 2543 Pg# 959
DEVELOPMENT AGREEMENT BETWEEN BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA AND NORTHSTAR RESORT ENTERPRISES
CORP.
THIS AGREEMENT is made and entered as of this I (P day of
/ 1/ �// o V.tm � . 2011, by and between the BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA ("Board" or "County'l,
and NORTHSTAR RESORT ENTERPRISES CORP., a Florida Corporation
("Developer'l.
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'j.
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
Agreement
Page 1
Doc# 1859469 2011-11-01
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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 tea (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 Omer #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-M00).
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 "ROWI 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 Paris 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 transfered11.55 TDRs. The total 23 TDRs
allowed for development of the 138 unit resort hotel at maximum net density.
L. Monroe County Planning Commission Resolution P02-07 and Minor
Deviations 1, 2 and 3 (P02-07) (Exhibit G Page 1410-1326 and Monroe County Clerk
OR Book 2516) approved a 138 Unit Resort Hotel with accessory amenities to the resort
hotel along with 5908 square feet of commercial retail low intensity use to be used as a
restaurant and tiki bars/grill on the site and open to the public. Resolution P02-07 also
approved the request filed by Northstar Resort Enterprises Corporation to receive forty-
nine (49) transient transferable ROGO exemptions (TREs) from the MM 106
Northstar Resort Hotel and RV Park Development Agreement Page 2
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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 Seatember 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.
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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;
S. 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 11 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
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such as intensity, setbacks, height, and access. If all phases of the
Project are not completed then said Project will continue to operate
under the last completed phase pursuant to the major conditional
use.
13. Developer will proceed with conditional use approval based on the
conceptual phasing plans (Exhibit 1) as attached. Substantial
deviation from the phasing plans as proposed will require an
"amendment" as outlined in "E" herein. The Planning Director
will have the authority to determine substantial deviation.
14. County agrees that the purpose and intent of Section 130-161(b)(1)
of the Monroe County Code (MCC) "Inclusionary housing
requirements" is already met by Developer providing 15 affordable
housing units off site per P02-07 and therefore the remainder of
Section 130-161(b) of the MCC is not applicable to this project
and therefore Board exempts project from Inclusionary Housing
requirements.
15. Monroe County will reserve the traffic trips required for the project
along US 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 "E" and "F", or extended as provided in Provision "G".
In the event that the development does not take place as
contemplated in this Agreement, the Agreement may be extended
by amendment to this Agreement.
3. Development Uses Prorwsed 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
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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
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(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 n 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 W — 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
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(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 Marcie Walterson, Florida Keys Aqueduct
Authority, on October 3, 2011 sign lies 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 R V Park Development Agreement Page 9
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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 96501gallons
(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 (ax4) of the regulations requires classroom capacity
"adequate" to accommodate the school -age children generated by
proposed land development.
Enrollment figures for the 2010-2011 through 2014-2015 school years
indicate that there is adequate capacity in the Monroe County school
system. The overall 2010-2011 utilization is 66.88% of the school
system capacity.
(f) Housing — No permanent housing units are proposed for
this project. All units will be transient RV or hotel units. This
project will help to meet the needs of affordable housing as
outlined by GOAL 601 of the Monroe County Comprehensive
Plan by developing fifteen (15) affordable housing units associated
with this project.
(g) Impact Fees - Any increased impacts on public facilities or
public services attributable to each unit of the development, and
the cost of capital improvements to meet the associated demand on
such facilities or services, shall be assured by payment to County,
Northstar Resort Hotel and RV Park Development Agreement Page 9
5.
6.
7.
Dod 185N9 2011-11-01
Bk# 2543 Pg# 968
concurrent with the issuance of the building permits for each unit,
of all County impact fees required by Ordinance then in effect, as
well as payment of applicable utility system development fees.
The Developer has granted an ingress/egress easement (Exhibit H)
9.0' +/- nrnning 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 goading,
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.
Consistences 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 R v Park Development Agreement Page 10
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8. Description of conditions, terms. restrictions, or other requirements
determined to be necessary by the local government for the public
health. saft 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 Soverming per fitting 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.
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 terns 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
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Circuit Court for Monroe County to appeal the revocation or amendment of this
Agreement.
a 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 Plannine Asencv
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.
f_ : 4+ Z a:
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 as. 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
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For the Hoard: County Administrator
County of Monroe
1100 Simonton Street
Key West, Florida 33040
with a copy to: County Attorney
Monroe County Attorneys Office
PO BOX 1026
Key West FL 33041-1026
2011-11-01
with a copy to: Growth Management Division Director
Growth Management Division
Marathon Government Center
2798 Overseas Highway
Marathon, FL 33050
For the Developer: Mr. Jim Saunders
102901 Overseas Hwy.
Key Largo, FL 33037
with a copy to: Joel Reed C/O Jim Saunders
102901 Overseas Hwy
Key Largo, FL 33037
Any change in the person designated by a party to receive notices hereunder shall
be communicated in writing to the representative of the other party designated hereunder.
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
Dod 1859469
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Marathon Government Center
2798 Overseas Highway
Marathon, FL 33050
2011-11-01
IN WITNESS WHEREOF, the parties hereto have caused the execution of this
Agreement by their duly authorized officials as of the day and year fht above written.
Signed, sealed and delivered in the NORTHSTAR RESORT ENTERPRISES
Presence of. CORPORATION
L�
Print Name: z,. IgA Li
Witness
�c
Print e:
Witness
STATE OF FLORIDA
COUNTY OF MONROE
a Florida corporation
Its• VP
V
The foregoing instrument wSacknowledged before me this A / day of
P 2011, by CJAME-s C° 54u N01 F-4A- S , the
cf ►14s,Dt&)t of Northstar Resort Enterprises Corporation, a Florida corporation,
who is >ci personally known to me, or who has produced
as id 'Scation M7
did/ not take an
oath.
Notary Seal
Notary li State of Florida
a..._ Print N
My Commission Expires:
Northstar Resort Hotel and RYPark Development Agreement
Page 14
Danny L. Kolhage, Clerk
Deputy Clerk
STATE OF FLORIDA
COUNTY OF MONROE
2011-11-01
"k# 1409469
# 2543 P9# 973
BOARD OF COUNTY COMMISSIONERS
MONRO LORIDA
By:
Mayor
APPROVED AS TO FORM AND
CORREC
aNESS
By:
Susan Grimsley ssistant County/Attorney
The for going instrument was acknowled ed before me this �� ,�Aday of
2011, by 79 , t'he M yor of the
Board of County Commissioners of Monroe County, Florida, who is personally
known to me, or who has produced as
identification and who did/ 11 not take an oath.
Notary Seal
Notary Public, State(�f Florida _,, U
Print Name: /VJ VP W / � i4 k.) D s
My Commission Expires:
Northstar Resort Hotel and RV Park Development Agreement Page 15
2011-11-01
k# 2543# 9p
9 974
Exhibits
A. Survey with Legal Description of Northstar Resort
B. Resolution P47-03
C. Development Order #04-04
D. Development Order #05-04
E. Resolution P55-03
F. Resolution P56-03
G. Resolution P02-07
H. Easement
I. Conceptual Phasing Plan
Northstar Resort Hotel and RV Park Development Agreement Page 16
Northstar Resort Development Agreement: Exhibit A - Page 1 of 7
LEGAL DESCRIPTIONS
Doc# 185948
pal 1 Bk# 2543 Pg# 975
A portion of Lots 8 and 12 in section 3Z Township 61 South,
Range 39 East according to the Model Land Company Plat as
recorded in Plat Book 1. at Page 68 of the Public Records of
Monroe County, Florida on Key Largo, berg more particularly
described as follows:
From the intersection of the East line of said Lot 8 and the
Norttiwezterly r/w ins of State Road No 5 (former F E.C.R.R.),
thence proceed S.43'20' W along said Nlorthwestedy r/w fine
620' to the Point of Beginning of the parcel hereinafter dovcmbwd;
thence proceed N W07 32" Mr. $76' more or lees to the Mean
High Tide Line of onwood Sound; thence meander said Mean
High Tide Line in o Southwesterly direction. 135' more or less to the
west line of said Lots 8 and 12; thence proceed S 700' E along
sold west line of Lots 9 and 12. 706', more or less to Bald North—
westerly r/w line: thence proceed N 43'20' E along said North—
westerly r/w/ line 2196.50 the Point of Beginning.
Porcel 2
A portion of Tracts 4, 8 and 12 in Section 32. Township 61 South.
Range 39 East on Key Largo, according to Model Land Ca's. Plot
recorded in Plat Book 1 at Page 69 of the PubNc Records of Monroe
Go„ Fla., more particularly desdibed as follows; From taus intersection
Of the East line of acid Tract 8 and the rly right of way line
the Overseas Highway, run South 4T20' west along said North—
westerly right of way line o distance of 320 test to the point of
beginning of the parcel hereinafter described; thence contnrxre South
4T20' West along sold rWd of way line. a distance of 200 ft.; thence
North 10'0732' West, a distance of 569.5 it., more or less to the shore
of Buttonwood Sound; thence Northeast" meandering said shoreline,
a distance of 200 ft.. mom or less to a point of interseebon with a line
which runs North 10'07'3r West; from the point of beginning; thence
South 10'07'32' East, a distance of 569 3 ft.. more or Woe to the point
or beginning.
And also that certain land better described as Leitner's Subdivision
according to the Plat iheraof as recorded in Plot Book 3 at Page 177 of
the Public records of Monroe County, Florida (which said plot has now
been revoked and duly vacated) said above described Plat of Leitner s
Subdivision oleo being commonly known as 4dices: Start of o point
where Lot S. Section 32, Township 61 South. range 39 East intersects
the Northwes" Right of Way line of U.S. Highway No. 1 (formerly
F.E.C. R/w line) and the Northwest side of Woodward way; thence of
an angle of 13T 15' Southwesterly a distance of 200 feet to the point of
beginning; thence South 4720' west along the Northwesterly Right of
Way line of U.S. Highway No. I a distance of 120 fleet: thence North
10'07'32' west to the waters edge of Buttonwood Sound, a distance of
opproximotsly 569.5 feet: Viems, North 4715'Eoet o distance of 120 feet:
thence South 9'46'29" East o distance of 563.06 feet to the Point of
Beginning.
Doc# 1859469
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Northstar Resort Development Agreement: Exhibit A - Page 2 of 7
Parcel 3
The southerly 5C.00 feet of Lot 3 Block 3 El Dorado Heights, according to
the_ plat thgr+eof recorded in Plat 11ook 11 at Page 203 of 'the public records
of Monroe County, Florida. Contain ng .3 49 square feet more or less.
Together with portlorm of the foltowing described parcels]
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:
the
so
?aia n nt of a Gne for a i tanc of 1 is t3 fe o a inch s 6re
ran rod (orI i�r Jenkens I on �he eas ne o of 1 accorN4 to
Plat B�o� 1 qe 68 of Public Records, onroe County, Flo ida; thence
run N zbb 0� w along said east line o Lot 11 for a dis once
of 211.2 feet more or less to an ex'stin chain linkk fence; tt�� e n
Clan g said chain link fence In a souti�wes�erly d"re tton for 11 fee more
or less to q Mint on the easterly line of scud � o do He�'�{s; th nce
run S 02'00 43 E along said easterly line of sai orado Heights for
a distance of 280.2 feet more or less to the Point of Beginning.
Containing 32.090 square feet, more or less.
AND:
Doc# 1859469
Bk# 2543 Pg# 911
Northstar Resort Development Agreement: Exhibit A - Page 3 of 7
Parcel 3
e 1a�f7tg lyr $0.00�feet olrn I� t3 Block a 19 3 oflj e''w�a�C�roc°oto
r e on`roe�aainty rid Go al ng 3.7� equare more or less.
Together with portions of the following desc'eoed parcels
The South one—half of the followinq described property to
wit: The west 45 feet of the East 120 feet of those ports
of Lots 9 and 11. lying North of the FWda East Coast
Railway Cougmny'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 " Florida East Coast Roihroy Company s right of
way, according to the Plot thereof, as recorded in Plot
Book 1, of Pogo 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:
a'wtt n h three acrVt Ir
r ina a the plat t sisal rwcard�
n
203
ooia or wo prM► o pi anc or i o o o a mcn are
-� ron ( n ens p1n on ea ne of acc mg to
Plat 1�age of Public Roc c nc Lootae11Caf c dishante ence
run Q20b 00 W atiorng said cost ne
211.1 m or I•as to on •aisbin c o YnIt f c•. • r n
0 o s chain°ji�nk f e• in a eoMthwe r r l 5 •• more
or s`�o �n{ on e, ste�},, I o s d, o He'p� nce
run��T 42'0�'4�3'E do Med easrirlyr ins of so do r 9' for
a distance of 290.2 feet more or less to the Pont of Beginning.
Containing 32.090 square feet, more or less.
AND:
Commence at the intersection of the easterliv line of El Dorado Heights
subd' 'lion with the s albs I�� of Lot 9, ock sa' 0 0
oeh s otcordln t �h• at the[+sof rec�rde In 6 1 o 40 203
1P� the publicor�9 of �onroe Count , Flori a, sai sou eA lino Dannqq
Nod rthvresterl rig t f Iln of StQto ReaQ No. 5 Ugg H��gqhwdy
1� tt� feet nor�hwe�r�r of centerline of said State No 5
From said Point of Comrr►en�eman� run thence N 0?0043 along said easterly
line of p�aaid Doraddo Heights for o diota�ce 280.2 feet more or less to
on eslatlpg c�hl�a link fer�e a Point of B��ming of the Ono
eno"
Mel of 1pnd. agid o nt g� tnni cotftinu4 N 07Q0nsai� easterly ins o sani I ,�4q[�� H9ghts fora distance aT 5t �o
a point. thence run N W ODD far a distance of 120.34 feet to a
right an le 1 tt i n with he a rl I'ne of a 11, ccordln to the t
�cor Is m �I�k 1 of = ublic re or 1, of �in ou�i�y,
ando: thence run 02' o nasdd gastorly i�no of eai� Lot 1�
for a distanceof 50.00 feet t on eiisti chain fink fe�ce: thence run to
said chain linfence In o southwesterly diiection for a distance of 120.59 feet
Doc# 1859469
8k# 2343 Pg# 978
Northstar Resort Development Agreement: Exhibit A - Page 4 of 7
Parcel 4
A parcel of land on Key Largo, Monroe County. Florida, bang
port of the East 75 feet of Lots 9 and 11. and part of t:he
West 45 feet of the East 120 feet of Lots 9 and 11, all as
recorded in Plot Book 1. Page 68 of the public records of
Monroe County, Florida, and being more particularly descrbed
as follows -
Parcel 1: Commence at the intersection of the east line of
0 Dorado Heights subdivision as recorded in Plot Book 1.
Pogo 203 of the public recorda of Monroe County. Florida.
with the south line of Lot 9, Block 3 of said subdivision.
said south line being also the northwest right of way line
of State Road No. 5 (US Nghway No. 1) 100 feet northwest
of the centerline of said highway; run thence North 2 degrees
00'43" west along said east line of said 0 Dorado Heights
subdivision for a distance of 337.91 feet to the Point of
Beginning of the hereindescribed parcel; from said Point of
Beginning, continue North 2 degrees 00'43" West along said
cast line of sold El Dorado Heights for o dlstance of 337
feet more or less to the shoreline of Buttonwood Sound:
thence meander said shoreline in a northeasterly direction
for a distance of 188 feet more or last to an intersection
with the east line of the said Lot 9, Plot Book 1. Page 68.
thence run South 2 degrees 00'00'East olong said east line
of said Lot 9 and along the east line of said Lot 11. Plat
Book I. Page 68, for a distance of 444 feet morw or less.
to a point on the said east line of said Loot 11. said point
being at right angles with the Point of Beginning of the
hereindescrbed parcel; thence run South 88 degrees 00'00"
West. at right angles with the previously described course
for o distance of 120.34 to the Point of Beginning of the
her indescrbed parcel.
AND
Lot 3. l5ock 3, El Dorado Heights, less the south 50.0 teat
thereof, according to the plat thereof, recorded in Plat Book
at Page 203 of the public records of Monroe County. Florida.
Doc# 1859469
Bk# 2543 Pg# 979
Northstar Resort Development Agreement: Exhibit A - Page 5 of 7
Parcel 5
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' 15 00 (136'29 00"
measured) run Southwesterly 200.00 feet; thence at an angle of 53'16'29',
run northwesterly 563.99 feet; thence run Northeasterly, meandering along the
water's edge 142.00 feet, more or less; thence run S 4W42' 13'E for 131.80;
thence run N 59*59'" E for 45.00 feet; thence run along Woodward Way
Southeasterly a distance of 415.29 feet back to the place or Point of Beginning.
Parcel 6
A portion of Tracts 8 and 12 in Section 32, Township 61 South,
Range 39 East on Key Largo, according to Model Land Co_ Plat
recorded in Plat Book 1 Page 68. Public Records of Monroe County,
Florida more particularly described as follows:
From the intersection of the East line of said Tract 8 and the North—
westerly right of way line of the Overseas Highway run SAX20' 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 ft.; thence North 10' 07' 32" W. a distance of 578 ft.
more or less to the shore of Buttonwood Sound; thence Northwesterly
meandering said shoreline a distance of 100 ft., more or less to the
point of intersection with a line which runs North 10' 07' 32" W. from
the point of beginning; thence S. 10'07'32" E. a distance of 569.5 ft,
more of less to the point of beginning.
ACCESS EASEMENT
In at the Inlersectlon of the northwesteA side of Woodward Way
o the northeasterly right of way line of US No. 1; thence northwesterly
along sad right of way line of Woodward Way NQ'O1'00'W for 415.29
teet; thence laaving said right of way line run S89'59'00'W for 9.00
feet; thence run N0'01'00-* for 424.77 feet to an intersection with
the easterly right of way line of US No. 1; thence run N4.330'00"E
for 13.07 feet to the Point of Beginning.
Being a 9.0'f section running along the southwesterly side of
Woodward Way as more particularly described above
Descriptions,
an
PO Box 279
91790 Overseas Mghway, TAVERNI£R, FL17RIDA
(305)852-5529 33070
(305)952-9064 FAX
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Of 7
Northstar Resort Development Agreement: Exhibit B - Page 1 of 6
Doc# 1859469
RESOLUTION P47-0 Bk# 2543 Pg# 982
A RESOLUTION BY TER MONROE COUNTY PZ.ANNIING
COD IISSION . APPROVING A MAJOR CONDITIONAL USS
REQUESTED BY NORTHSTAR RESORT ENTERPRISES
CORPORATION FOR THE CONSTRUCTION OF A RESORT HOTEL
WITS EIGHTY-NINE (89) UNITS, 3,158 SQUARE. FEET OF
COMB=CIAL US$ AND OTHER AMENITIES ON PROPERTY
DESCRIBED AS SECTION 32, TOWNSHIP 61 SOUTH, RANGE 39 EAST
IN LMTNER'S SIJBDIIVIfSION AND EL DORADO HEIGHTS
SUBDIVISION, KRY LARGO, MONROE COUNTY, FLORIDA WITH
THE REAL ESTATE NUMBERS 000879 OAN100, 000g7970.000100.
00088020.000000, 00088030JO0000, AND 00038040.000000
WHEREAS, IVasf>aW Resdlt 903aprim Corporation is the owns of real
prWWW d"C[11 d 00 Sactiw 32. Township 61 South, Range 39 East m Lances
Subdivision and El Dorado Subdivision, Kay Imaog Momoe Canty, Florida with the
Real Bursts numbers 00WIM000ow. 00087970 000100, 090880Z0.000000,
00088030.000000. and 00088040.0000oo; and
WHEREAS. the above described property is located is the Subwban
(7o a1(SC) lead use (zoning) &Wet; and
WHEREAS. the Planing Commission of Monroe Coamily, Plodds. is
a000rtdance with the Povisiama of Sections 95-24 and 9.5.69 of the Mom+oe County I and
met at a regular scheduled meeting an June 25. 2003•to rmew
the request of NorfiLdw Rend FWbwpftw Corporation for approval of a Majw
Conditional Use fbr the•caeshuction of an eighty -sine (89) unit hotel with S,15S
feet of oomomendal use, and other amenities; , and
WHEREAS, the Plsiag Commission reviewed the following infomration
relevant to the roqued for a Major Conditional Use: .
• The applies for a Major Conditional Use dated 11/20W.; and
• held survey prepared by Barrow Surrey and Napping; dmwh* #22557h-3,
updated M21/01; and
• Site plan. Short A 1, dgaed and sealed by Robert Baines A Asweistea, dated
4/MAM and
• LLmdssccWee Plan, Shed Ir2, by Brawn and Cr+ebbin Design Studio. Inc., dated
and
• StaffReport dated May 9.2003; and
• Drainage plan, G1, by Allan Peas, Perez Bgftadng and Development'
Inc., dated 10/7.3/02; and
Level III Traffic Study prepared by Transport An*sis Professionals, dated
6/19/02; and
Page 1 of 6
Northstar Resort Development Agreement: Exhibit B - Page 2 of 6
Doc# 1859469
Bk# 1543 Pg# 983
Thu followhrg IMM of 000admadion:
Depwtammt ofEnvircumuntal Protcodoo, dated 1?lO M
Depwtfto of FMaroomental Proteodak dated 1/09/01
Dgmtmcd of Coomonilty Ags M dated 12118M
Sough Florida Water Mamgpma t District, dated 1?116/02
Florida DgMImeut of Health, dated 11/27/02
Momm Cooly Solid waste Managennek dated t
Florida Bays Electric Coap"VQ6 dated 121a0 M
Florida Bays Aqueduct Authority, domed 12l0M
Sworn testimony of staff
comments of John Wolk Pilaimlift C;ommlsdon Counsel; and
Swam tedmmonybymembers of Ow public
TYIMRZA4 tier Planning ComosIlsoloo. adopted fte. hHowkS fin&W of fact and
+afla�v:•
Hawed on the msetials submitted, to develop as ei hotel VM 8,158
sgaar+e fed of nam mor doll use the - will need to document the odstenve
of the twelvem* motel fasmady on-mte via a valid Florida license. 1f
documented, then sever -mean (17) Transfemble ROGO Exemptions CME) will
berequued to achieve the total of eighty-nme mitts. In lien of said docatnentedoa
89 THE will be required. Additionally Mean (15) Thosferable Development
Rights (TDIQ will be requr+ed to qusliitjl the proposed development to use the
mazitorrm net daueity for the site per Section 9.5.4(D-4) of the Moome C=*
Land Development Regulations. Thmefiw% we conalnde rho appropriate
licensing in combination with 77 THE and 15 TDR must be
obtained or a total of 89 TRB in combination wit 15 TTSR moat be obtalmd pricy
to the issuance of a build'mg permit.
Z Hosed on the Materialls submitted for review the ' project WM regatta as
Bnvirvnmeatal Resources Permit fiom the South Florida Water NWupmew
Dbb** (SFW MD). T>mare, we conclude that said permit mud be obtained
prior to the ice of a building permit.
3. . Based an the plans submitted a sturboe water managearant/ooa--.tal drainage
plan is represented on Sheaf C-1. They ft% we conatnde thud to County
Eughum must review and approw dw surf oe orates mauageareat/comarptusl
drainage plan prior to the issuance of a building permit.
4. Bored on the material submitted, Florida Dot ofTvin"poirtmion (FDOT)
permits wM be required for any reconfiguratiion of existing ways as well
as say other appropriate permits identified tluougb the MOT pre appHeation
process. Therefore, we conclude that the applicant must zec eive approval from
MOT via a lettar of intent prior to the imukime of a budding permit.
Page 2 of 6
Northstar Resort Development Agreement: Exhibit B - Page 3 of 6
S. Based on the plans submitted and the cornaw to of the Mom" County Traffic
Consultmd, the fl& ruin lane (doodeafton land) does ant moat FDOT dodge
dwxt rds. Thdefos , we coandade that the right turn Ism must meet the FDOT
design atudards and be appsovedby the CotmWTWft ConerltwL
6. Based on the material adbo tied to proqwsed devdlopme t most comdi*e with
the Flodda Deputesent of Heap if Wastewater flows we less than or dgwl to
10,000 Sefto per fty at with due Florida Dgmk nerot of Bnvnmonantai
Prvte chon if wastewater flows exceed 1%000 gallons per day. Thuvfom, we
o coadoille 9W a complete plan review to deterraine cotopgance. with do pt+ovWom
C" of 64B-6 of the Flotilla Administeadve Cod% and Chapter 391 of the
n a Florida Statutes by the apptapriate agency is requhed prior to the issuance of a
building pondt.
as 7. Based an the plans whosilled s plan not yet been submitted hr
o m mvlean. Theeefin% we conallode that a banwhatedon plan mast be reviewed and
approved by the County Biologist pdw to the issuance of a buildling permit.
S. Based an Ow plans submitted the proposed developonot will igclode "Ira ration
of the castion dod tg fiaellUtick however no boa of the docking harpy is
allowed. Tha a foms, vm coodude tbot all aspects of the pmposod de:vok% mad
that on proposed in jurisdictional wedands or odmurged lands wrll be aabjed to
review and qvroval by bu& do U.S. Array Carps of Floginceas and Me Florida
Dgmt meal of BnAm nnentd Protection.
9 Based an the material submitted all stoco n associated wigs the Nor&dw hotel
we Or - use only including rho 1 11 r r an. dodit facilities, beat rsmp.
swimmigg pool, eta. Thamfx% we conclude that the Nordow hotel and its
1=61111tion will not be open, to the public. Frartb mnm% any departure fian this
•'gated» ooncept wM acquire as Amendonot to a Major Conditiawd Use.
10 Based on the pleas submitted and the► ooammaaI of the Pbmnkg pommiedan do
proposed ddvalopsaeaat wrll miiize the maximum act density for the sits The
love will also create a need for affordable employee housing that comm
be met on -rife. Therdbaey we concbx* based as rho sworn toodmony of the
applicant's rOPsve that not kss than tens (10) and not mote than twenty
(20) newly constructed affordable employee housing units consistent with
Sections 93-4(A-5) and (B-1) will be constructed o@'-site.
11. Based an rho statements of the applicant's agent, the signage for the hotel shall be
"limited and appropriate." Tbozvlorea, we conclude that one, nowdectrifed, but
lighted, sign may be placed in the property's fnantoge on, U.S.1 to indicate the
location of the Northstor hoteL
Page 3 of 6
Northstar Resort Development Agreement: Exhibit B - Page 4 of 6
12. Based an the agreement of the appficaWs agent, no motoaieed persond Water
cra% mclndimg but not limited to jet skis and wave raaare % will be rented or
allowed to be used fvm the Notes docking hoillityarboat lamp.
13. Bood on the agrewwo of dw applilcues agent. Ste enlisting docking fiteilitf will
reataia at sateen slips, Therefore, we conclude drat two slips wig be appaiopriated
for tha hotel's two boats desaibed as a sumac anise boat and a chaster boat
respectively while the remaining fomteaa (14) slips will be for patron use only.
19 Based an Bcat do agreement of dw applicant's agent. any veh cWw traf6a utilidng
Thumond Street is a meted to aummobilm Therefam we conclude that there
En shall be no commmer ;W dellivetiM no tremor -trailer or bus unp of Thurmond
Street for the propose of entail er exiting the NorftW hotel.
15. S=cd en Section 9.541 of ibe Monroe Cow6r Land DeMbpoe t Rgpdations
the required paciong be one hundred 120
" m eonctude that the surplus hand resulting ftmm the reduction ofparlaing spsaw f m
238 to 120 shall remain as open space via a Strut of conservation easement
(fOCEA)-
16. Based an the aame mast of the applicant's agent, one of do two adoft boat
ramps daUbezmavvd. 'kherefae, we there dwU be** one boat
ramp available for patron use _. -.
17. Based on the plans wed, sU outdoor 11gMing for the propowd davdopment
must meet the QMMia of sections 93-391- 395 with regard to cut-off Heft and
HSWWg in close proxbmmity to the
NOW FON& DR IT RBSOLVED BY TEM PLANNING COlYIIVIRLSION
OF MONROE COUMTj FLORMA, dow the paecadmS Sndmgs of fact and
oonolnsiMS of htw Support its decision to APPROVE the requed of Na lufer Resort
Enterprises, Im for a Major Conditional Use far the coetraaion of a resort hotel with
eighty-nine (89) units, 8,159 square feet of eounnuvid use and other amenities on
property4=MW as Section 32, Township 61 South, Range 39 East in Winces
Subdh*ka ad 19 Dorado Heighffi SubdfvidOI06 Key Largo, Monroe County, Florida.
with dw following aonditionc
1. The applicant sha11 document the a dstenoe *of the tweive u dt motel formerly on -
am via a valid Flodds How= If documented, then tho applicant shun need 77
1 abm ROGO EwmV iom CIM to construct eighty-nine (89) botd units;
if not dotarmeated than the applicant dw9 utilae 89 TRB to condruct eiighty-nice
(89) nails prior to die issuance of a building paamit.
2 The appficsM shall oblein an Euvirommprtal Ra watow Permit from the SMAh
Florida Water MR0080101cut District prior to the issvaooe of a building poesdt.
Page 4 of 6
s-
Northstar Resort Development Agreement: Exhibit B - Page 5 of 6
3. The Caoaty Bughwor ehall review and approve *a surface water
drainage plan prior to tho bmtanoe of a pamit-
4. Zero apphoW titian obda n. Florida Depa hn t of T on (FDM permits
for my ruconflgursdon of acc M ways and say other appropirb" pe nits
identified the FDOT p wapphaffion process prior to the issuance of a
buUftpa=X
o S. Tlu pt+opoaed tight tom, decelmation lane shad meet FDOT design cdterfa and be
C' approved by 69 Monroe County Tnfiic Cona dtant prior to the isauof a
M %buliNftpumit.
` 6. A cov* to pbs review to debennine compUMO with the of Chapter
i3 64&6 of the i+io" Alva Code ad • 381• of the Floriida Statutes
o m for freabmeal by the appropriate ageaay Department
of Health, if flow is less than 10,000 gallons a day or Fla" DqpKMuml of
if flow is more than 1%000 gallons a day) prior to the
issumce of a binding per nit.
7. Tits haosplanta I plan mmd be anbmrtted and approved by the County Hiologild
prior to the isumnee of abuilding permit:
B. All aspects of Am proposed dcvelopmeat that are in puisdictionsl wetlade ar
snbanerged land4 nxhW ng the renovation of the sedating sixteen slip docking
f i ty mast be reviewed and approved by both the U.S. Amoy •Corps of
F.agiaaers and the Plod& DVwhnent of Hanri:onaxatal Protection prior to the
inn nce of a building permit.
9. The N - had and its amaddea sMU net be open to "the public end any
departtue fmmn this "gated" concept shall'requice an Amendment to a, Msar
Conditional Usti
10 Not less than tea (10) and not more than twenty (20) newly cono acted efibrdoble
ling employee bnu&g units cat with Sections 9.54(A-5) and 9.54(B-
1) shall be constructed off -site. The employee writs don be oompktal prior to
UnInumm of a Ca dfioate of Occupancy for the Nordwar hotel.
11. One non4dectcified, but lighted, sign shall be placed in the pr iperWa 5ontage on
U.S.1 to indicate the loeadon of the N=dwtw hotel.
12.No motariaed personal watt• crab, including but not limited to, jet skis and wave
runners will be rented from or allowed to be used Am the NorthsWe doclvag
facility. -
Page 5 of 6
Northstar Resort Development Agreement: Exhibit B - Page 6 of 6
13. The exbft doddug faailit YM remain at si I F P - (16)flips with two slips beio8
for the hatd's sunset guise boat and chatter boat wbrile the
tanwinin8 ferrite w (14) slips will be foc pat = we only.
14. Vehicular tral8e amocisted with the Nartbdw hotel add= Thmmoud SUW
shalt be restricted to auumobIlm and there shall be no cm umdd ddWaaiM no
tractor 1ra11w or btm rings of Thmmcod Street.
15. Pwmmt to Seddon 93-61 of the Moome Cottoty► Land Dwolopmeml Regnlsttons
the required pedwS sbdl be one4lawdwd twaoty (120) spacm The owplus bud
101811in8 am do reduction of paatang spaces &M tw* inmdmd tbar"Sld
(238) to owed tweedy (M) shall rmsain as open space via a Gout of
n ' Cbmaervation Est (QOCBA).
16.04W 6f lire two ao &ft-boil runpa d aU be mumved lat bW ma boat ramp for
Pauce uaa
u sx
om
17. All oaMoor lighting fir the paopoaed dei►alopoxat mast moat Are coeds of
Saab= 9.5-391 395 with regard to ew off lights and lighting rep close pr=hnity
to the waterhont.
r-
1Irv.,f.,
r
PASSED AND ADOPTED by the Plam mg Cowndasion of Mlam a Comity,
Chair Rita YES
Coleman - YES
Commiadww Merpm YES
Putney YES
Oammsiasia►er Waling YBS
W C • • l ,11 1'• •''
Signed Ads„�d day of/�'�M fir; 2003
Pam 6 of 6
Northstar Resort Development Agreement: Exhibit C - Page 1 of 3
NONROE COUNTY
OFFICIAL RECORDS
4
FILE #3- 4 6 3 4 3 5 RCD AU9 17 2804 09:29AN
BK# 2 03 5 PGN234 DANNY L KOLRAGS, CLERK
.
MONROE COUNTY FLORIDA
MINOR CONDITIONAL USE DEVELOPMENT ORDER # 4-04
A DEVELOPMENT ORDER ESTABLISHING THAT 47 ROGO
EXEMPTIONS FROM NORTHSTAR RESORT ENTERPRISES,
INC. ARE ELIGIBLE FOR TRANSFERENCE
WHEREAS, Northstar Resort Enterprises, Inc. is the owner of property legally
described as Parts of Lots 4, 8, 9, 11 and 12, Section 32, Township 161, Range 39, Island of Key
Largo, Monroe County, Florida and is addressed as: 99500 Overseas Highway with Real Estate
Numbers: 00087940.000100, 00087970.000100, 00088020.000000, 00088030.000000, and
00088040.000000; and
vs
a WHEREAS, the above described property is located in the Suburban Commercial (SC)
land use district, and the future land use map designation (FLUM) is Mixed Use/Commercial
(MC); and
o m WHEREAS, the applicant is seeking development approval to establish 47 residential.
ROGO exemption units (TREs) for off -site relocation; and
WHEREAS, the Biologist has determined that the habitat is disturbed with some
scattered native trees and no hammock on -site; and
WHEREAS, the Development Review Committee (DRC) of Monroe County, Florida, in
accordance with the provisions of Sections 9.5-24 and 9.5-68 of the Monroe County Land
Development Regulations, met to review the request of Northstar Resort Enterprises for approval
of the application for transfer of 47 ROGO exemptions on May 19, 2004; and
WHEREAS, the Development Review Committee reviewed the following documents
and other information relevant to the request for approval of a Minor Conditional Use:
1. A completed application for development approval for transfer of ROGO exemptions
(Sender Site) which included all documents required by the application dated March
25, 2004; and
2. A sender site staff report prepared by by Jason King, Planner and Niko Reisinger,
Biologist dated May 11, 2004; and
DO # 4-04
Northstar THE Sender Site
6/24/2004 5:11 PM FINAL Page 1 of 3 Initials,Ar_
Doc# 1659469
Bk# 2543 Pg# 989
Northstar Resort Development Agreement: Exhibit C - Page 2 of 3
FILE #1 4 6 3 4 3 5
SK6 Z 0 3 5 Pr,# Z 3 5
WHEREAS, based upon the information and documentary evidence submitted, the
Development Review Committee adopted the following findings of fact and conclusions of law:
1. The Northstar Resort Enterprises, Inc. had a valid operating permit from the
Department of Health and Rehabilitative Services for 45 mobile homes, which were
accounted for in the 1988 Monroe County Mobile Home and RV Study, and
2. There is also a one-story concrete residence and a two-story residence on the
premises recognized as established in the Letter of Understanding dated January 5,
2004; and
WHEREAS, the Development Review Committee, based on its findings of fact and
conclusions of law, recommended approval with conditions of the application for development
approval of transfer of 47 ROGO exemptions; and
WHEREAS, the Director of Planning has duly considered the recommendation of the
Development Review Committee; and
WHEREAS, the record established, the testimonies, offered, and the evidence submitted,
support the findings of fact adopted by the Development Review Committee:
NOW THEREFORE, BE IT RESOLVED BY THE DIRECTOR OF PLANNING
OF MONROE COUNTY, FLORIDA, that the request by Northstar Resort Enterprises Inc. to
approve for transfer of ROGO exemptions of 47 Non -transient TREs is hereby APPROVED
with the following conditions:
1. The sender units have been assigned unique identifier numbers that shall be used for
tracking and monitoring by the Planning Department. The unique identifier numbers
listed below shall be itemized in the conditional use orders and building permits
required for both the sender and receiver sites.
The unique identifier numbers for eligible transferable residential units are identified
in Development Order # 4-04 as Nos. A-0153 through A-0200.
2. No building permit shall be issued for the new unit on the receiver site until one (1) of
the following conditions are met:
a. The units are demolished as per an issued demolition permit and a final inspection
for the demolished units or spaces have been completed by the Building
Department are for the sender site; or
b. The units are removed pursuant to a development approval, development order, or
development permit and a final inspection for the removed unit is completed by
the Building Department for the sender site.
DO # 4-04
Northstar THE Sender Site
6/24/2004 4:11 PM FINAL Page 2 of 3 Initials MIG
Northstar Resort Development Agreement: Exhibit C - Page 3 of 3
Doc# 1559469 FILE t 1 4 6 3 4 3 5
Bk# 2543 P9# 991 B K #I 2 0 3 5 P G #R 2 3 6
3. The applicant shall have five (5) years from the date of the approval of the Minor
Conditional Use to transfer the eligible units, identified in Development Order # 4-04
as Nos. A-0153 through A-0200, or the Minor Conditional Use shall become void and
Northstar Resort Enterprises, Inc. shall be required to apply for and secure a new
minor conditional use permit for future transfers off -site. The Director of Planning
may extend this time limitation and grant an additional two (2) years for the allocation
and transfer of the residential ROGO exemption units upon written request and for
good cause shown.
Date K. Marlene Conaway Ole
Director of Planning and Environmental Resources
HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid
and in the County aforesaid, to take acknowledgments, personally appeared K. Marlene
Conaway, to me known to be the persona described in and who executed the foregoing
instrument and he acknowledged before me that he executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this .79r,# day of
uvE , 2004.
NICOLD
Np°� PiOsNOTARY PUB IC, STATE OF FLORIDA
G�r�s development order constitutes an amendment, extension,
ma 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) wonting 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 (FAQ,
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
DO#4-04 OFFICIAL RECORDS
Northstar THE Sender Site
6/24/2004 5:11 PM FINAL. Page 3 of 3 Initials
MONRQE COUNTY Northstar Resort Development Agreement: Exhibit D - Page 1 of 3
OFFICIAL RECORDS
PILE N1 4 6 3 4 3 E RCD Aug 17 2004 09.31AM
BKI2 0 3 5 PG# 2 4 0 DANNY L KOLHAGE, CLERK
MONROE COUNTY FLORIDA
MINOR CONDITIONAL USE DEVELOPMENT ORDER # 5-04
A MINOR CONDITIONAL USE DEVELOPMENT ORDER
ESTABLISHING THAT 47 ROGO EXEMPTIONS MAY BE
RECEIVED AT THE FLORIDA KEYS RV PARK
WHEREAS, Northstar Resort Enterprises, Inc. is the owner of Florida Keys R.V. Resort
property and is described as Parts of Lots 5, 12, and 13, Section 6, Township 61, Range 40,
Island of Key Largo, Monroe County, Florida (6-61-40 ISLAND OF KEY LARGO PT LOTS 5-
12-13 OR463-879 OR 735-595 OR 735-586-589 OR 1014-2340(DCP) OR 1175-2027 /
30AMFJ(CW) OR 1180-1670/71(CW)]; and
si WHEREAS, the above described property is located in the Suburban Commercial (SC)
a � land use district, with the future land use map designation (FLUM) of Mixed Use/ Commercial
� N (MC); and
cs am
ca -%e
m WHEREAS, the applicant is requesting development approval for transfer of 47 ROGO
exemption units (TREs) to the above described property henceforth referred to as the receiver
site; and
WHEREAS, the Biologist has determined the site to be disturbed with some scattered
native trees and that there is no hammock on the property, and
WHEREAS, the current request to transfer 47 residential ROGO exempt (TRE) units
from Northstar Resort Enterprises, Inc. to the Florida Keys R.V. Resort is being made in lieu of
condition number ten of Resolution P47-03, which states, "Not less than ten (10) and not more
than twenty (20) newly constructed affordable housing employee housing units consistent with
Sections 9.5-4(A-5) and 9.5-4(E-1) shall be constructed off site. The employee units shall be
completed prior to the issuance of a Cenificate of Occupancy for the Northstar Hotel. ' ; and
WHEREAS, the Development Review Committee (DRC) of Monroe County, Florida, in
accordance with the provisions of Sections 9.5-24 and 9.5-68 of the Monroe County Land
Development Regulations, met to review the request of Northstar Resort Enterprises, Inc. for
approval of the application for development approval of transfer of 47 ROGO exemptions; and
WHEREAS, the Development Review Committee reviewed the following documents
and other information relevant to the request:
1. A completed application for development approval for transfer of ROGO
exemptions (Receiver Site) which included all documents required by the
application dated March 25, 2W4; and
DO N 5-04
Northstar THE Receiver Site
W24/2004 5:1 l PM FINAL Page 1 of 3 Initials
Doc# 1859469
UP 2543 Pg# 992
Northstar Resort Development Agreement: Exhibit D - Page 2 of 3
FILE 01 4 6 3 4 3 9
BK* 2 0 3 5 PGll 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:
1. 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 //j/
Northsmr THE Receiver Site � /����
6124/2004 5:11 PM FINAL Page 2 of 3 Initials
Doc# 109469
Bk# 2543 Pg# 993
Northstar Resort Dyf�jmVr JA%egm!ytZ- Jib&D - Page 3 of 3
BK * 2 0 3 5 PG$ 2 4 2
3. The applicant Northam 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.
� 6
Date K. Marlene Conaway
Director of Planning and Environmental Resources
HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid
and in the County aforesaid, to take acknowledgments, personally appeared K. Marlene
Conaway, to me known to be the persona described in and who executed the foregoing
instrument and he acknowledged before me that he executed the same.
my hand and official seal in the County and State last aforesaid this o?9 day of
NICOLE U. PETRICK
Nctwy PAN - 91210 of FW"1 r%'
�AM��14000.,
Commh®lon 8 Dooarel14 NOTARY PUBLI , STATE OF FLORIDA
REFE 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"
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.
KONR06 COUNTY
OFFICIAL RECORDS
DO # 5-04
Northstar,rRE Receiver Sito A 6/24/2004 5:11 PM FINAL Page 3 of 3 Initials�'
Northstar Resort Development Agreement: Exhibit E - Page 1 of 3
Doc# 1859469
RESOLUTION NO. P55-03 Bk# 2543 Pg# 994
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION APPROVING THE REQUEST FILED BY THE
NORTHSTAR RESORT ENTERPRISES CORPORATION TO
TRANSFER ONE HUNDRED TWENTY-SIX (126)
TRANSFERABLE ROGO EXEMPTIONS IN THE FORM OF
RECREATIONAL VEHICLE SPACES OFF -SITE FROM
PROPERTY IN KEY LARGO, FLORIDA, DESCRIBED AS
SECTION 6, TOWNSHIP 61, RANGE 40, PART OF LOTS 5, 12,
AND 13 WITH THE REAL ESTATE NUMBER
00083970.000000
WHEREAS, Northstar Resort Enterprises Corporation is the owner of real
property described as Section 6, Township 61, Range 40, Parts of lots 5, 12, and 13 with
the Real Estate Number 00083970.000000; and
WHEREAS, the above described property is located in the Suburban Commercial
(SC) land use (zoning) district; and
WHEREAS, Northstar Resort Enterprises Corporation applied for a Minor
Conditional Use approval for the transfer of one hundred twenty-six (126) Transferable
ROGO Exemptions (TRE) off -site from the property described above; and
WHEREAS, the Planning Commission of Monroe County, Florida, in accordance
with the provisions of Sections 9.5-24 and 9.5-68 of the Monroe County Land
Development Regulations, met at a regular scheduled meeting on September 24, 2003 to
review the request of Northstar Resort Enterprises Corporation for approval of a Minor
Conditional Use; and
WHEREAS, the proposed request meets the requirements of a Minor Conditional
Use as delineated in Section 9.5-68 of the Monroe County Code; and
WHEREAS, the Planning Commission reviewed the following documents and
other information relevant to the request for approval of a Minor Conditional Use:
1. The application for a Minor Conditional Use dated, April 21, 2003; and
2. Site survey, signed but not sealed, prepared by Hal Thomas, Professional Land
Surveying, dated 5/25/00; and
3. Contractual agreement between the buyer, Northstar Resort Enterprises Corp.
and the seller, SH3, LTD for the aforesaid property described by Real Estate
Number 00083970.000000; and
Page 1 of 3
CATEMPT55-03.doc (V
Doc# 1859469
Bk# 2543 Pg# 995
Northstar Resort Development Agreement: Exhibit E - Page 2 of 3
4. Property record card from the Monroe County Property Appraiser's office; and
5. State of Florida, Department of Health and Rehabilitative Services permit
#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, A1CP, 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 Plannint Commission of Monroe County,
Florida, at a regular scheduled meeting held on the 24 day of September 2003.
Page 2 of 3
Northstar Resort Development Agreement: Exhibit E - Page 3 of 3
Chair Coleman Yes
Vice Chair Werling Yes
Commissioner Mapes Yes
Commissioner Margalli Yes
Commissioner Ritz Yes
PLANNING COMMISSION OF MONROE COUNTY
a
Signed this �y of �7�he/~ , 2003
APPROVED AS TO FORM
A!ND SUFFIC]ENCy
BY 1
,A may's Offs
Doc# 1859469
6k# 2543 Pg# 996
Page 3 of 3
Northstar Resort Development Agreement: Exhibit F - Page 1 of 3
RESOLUTION NO. P56-03 Doc# 1859469
Bk# 2543 Pg# 997
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION APPROVING THE REQUEST FILED BY THE
NORTHSTAR RESORT ENTERPRISES CORPORATION TO
RECEIVE SEVENTY-SEVEN (77) TRANSFERABLE ROGO
EXEMPTIONS IN THE FORM OF RECREATIONAL VEHICLE
SPACES TO DEVELOP AN EIGHTY-NINE UNIT HOTEL
WITH RESTAURANT, 8,158 SQUARE FEET OF
COMMERCIAL USE AND OTHER AMENITIES ON
PROPERTY DESCRIBED AS SECTION 32, TOWNSHIP 61
SOUTH, RANGE 39 EAST IN LEIINER'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:
(f
Doc# 1859469
k# 2543 Pg# 998
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 Bames & 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:
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 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
CATEMPT56-03.doo
Doc# 1859469
Bk# 2543 Pg# 90
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 24`s day of September 2003.
Chair Coleman
Yes
Vice Chair Werling
Yes
Commissioner Mapes
Yes
Commissioner Margalli
Yes
Commissioner Ritz
Yes
Page 3 of 4
CATEMPT56-43.doc
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Northstar Resort Development Agreement: Exhibit G - Page 1 of 17
Doeti i83s314 04/02/2007 1:30M
Filed & Recorded !n Oftlolal Records of
RESOLUTION NO P02-07 M of couffy L . KOUVAR
A RESOLUTION BY THE MONROE COUNTY PLANNING
a
COMMISSION APPROVING A REQUEST BY NORTHSTAR RESORT
ENTERPRISES CORP. TO AMEND RESOLUTION P47-03 IN ORDER TO
BUILD A ONE HUNDRED THIRTY-EIGHT (138) UNIT RESORT HOTEL
INCLUDING THE FOLLOWING AMENITIES: A 4,910 ft2
RESTAURANT, TWO (2) TIKI BARS, TIIG HUTS, A MAINTENANCE
4P,
BUILDING, OFFICES AND ONE (1) AFFORDABLE HOUSING UNIT.
ADDITIONALLY, THIS RESOLUTION IS APPROVING A FRONT
m
YARD VARIANCE OF TWELVE (12) FEET ALONG WOODWARD WAY
AND A 13% REDUCTION IN PARKING TO ALLOW 182 SPACES.
WHEREAS the Monroe County Platuurtg Commission during a public
hearing held on July 26, 2006 in Key Largo reviewed and
considered this
amendment to a major conditional use along with the front yard variance and
parking reduction waiver; and
WHEREAS Northstar Resort Enterprises Corp. is the owner of record for
11.67 acres at Mile Marker 99.5 in Key Largo, Monroe County, Florida having
Real Estate Numbers. 00566430.000000, 00087940-00M, 00087940.000100,
..
00087970.000100, W088020.00=, 00088030.000000, 00p88040.000000,
f8
060
0088.000000, and 00087950.000000; and
$ �i
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WHEREAS Resolution P47-03 approved a major conditional use permit
to construct an eighty-nine (89) transient unit resort hotel and amenities, and
0
WHEREAS Resolution P47-03 linked the Northstar Resort Project with an
r`
affordable housing project and required that a minimurn of ten (10) affordable
housing units be built; and
x—
WHEREAS A%
e lrtcrease m units from elghty-nine (89) to one hundred
thirty-eight (138) increases the minimum number of affordable housing units
from ten (10) to fifteen (15); and
WHEREAS Development Order #444 was a minor conditional use a
application issued to establish forty-seven (47) ROGO exemptions from the
Northstar Resort site to be eligible for transference; and
vim
WHEREAS Development Order #5-04 was a minor conditional use .,
application issued which received the forty-seven (47) ROGO exemptions from a
the Northstar Resort site at the Florida Keys RV Park to be built as attached
affordable housing units, and �k
WHEREAS Resolution P55-03 approved the request filed by Northstar
Resort to transfer one hundred twenty-six (126) ROGO exemptions from the
Florida Keys RV Park off of the site; and
Northetar PC Resolution v2
P02-07 Doc# 1859469 Page i of 7
8k# 2543 Pg# Joe@
M o
a$
of
V4
Northstar Resort Development Agreement: Exhibit G - Page 2 of 17
Doaq ISM314
8ka 2283 NO 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
Florida
p $
a
Keys RV Park via P55-03 at the Northstar Resort site; and
;
5
a
~ i r
6
WHEREAS Development Order #17-% established 1.5 Transferable
Owl
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
9 i�.
a a 'A4
9
11.45 TDRs to the Northstar Resort site; and
10
a
w
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
H IL
15
Woodward Way will not negatively impact surrounding property owners; and
16
n17
WHEREAS Woodward Way will remain a 24 ft. road and allow ingress
rr
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
w o
24
remain as open space via a Grant of Conservation Easement (GOCEA); and
m
25
-CN� �
26
WHEREAS Northstar Resort Enterprises has requested a waiver of
m
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 Roberf 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 Barnes,1/10/06;
37
and
38
4. Reception & Office Elevations, Sheets A-7 - 8, by Robert Barnes,
39
1/10/06;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 Resolution v2 Page 2 of 7
P02-07
Northstar Resort Development Agreement: Exhibit G - Page 3 of 17
Deep 16=14
Skp 22B3 Pep 1290
9. Maintenance Affordable Housing - Elevations, Sheet A-15, by Robert
2
Barnes, 6/20/06; and
floor,
$
a
3
10. Building A4 first Sheet A-16, by Robert Barnes, 6/20/06; and
$ s
4
11. Building A4 second floor, Sheet A-17, by Robert Barnes, 1/10/06; and
S
12 Building A4 third floor, Sheet A-18, by Robert Barnes, 6/20/06; and
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
8
15. Building B2 elevations, Sheet A-21, by Robert Barnes,1/10/06, and
e
9
16. Building Bl first floor, Sheet A-22, by Robert Barnes, 1/10/06, and
10
17. Building Bl second floor, Sheet A-23, by Robert Barnes, 1/10/06, and
11
18. Building Bl 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
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 Al-3 first floor, Sheet A-28, by Robert Barnes, 1/10/06; and
d
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23. Buildings Al-3 second floor, Sheet A-29, by Robert Barnes, 1/10/06;
17
and
I
18
24. Buildings A1-3 third floor, Sheet A-30, by Robert Barnes, 1/10/06;
a
19
20
and
25. Buildings Al-3 Elevations, Sheets A-31-32, by Robert
v
Barnes, 1/10/06;
21
22
and
26. Field Survey drawing #22557h-3 by Barrow Surveying & Mapping,
..�'
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23
9/21/01; and
24
27. Field Survey drawing #24937 Pugliese Parcel by Barrow Surveying &
m `a
25
Mapping, not dated; and
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28. Field Survey, drawing 4601 - Cullen Parcel by Task Surveyors, not
.�
27
dated, and
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WHEREAS, the Planning Conunission 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 transicnt units, I 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 4 of 17
DOGN 1 - 314
Bkp 2283 PIN 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
a se
3
hardship to surrounding property owners or impact the property
N
4
5
values of surrounding property owners.
7. Northstar Resort is
required to have 209 parking spaces.
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 P47-0, Northstar
9
Resort has identified 4,131 ft2 GOCEA to be recorded in
10
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 (17RE) 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.
$
Q,
17
10. Northstar Resort meets the criteria detailed in 120.4 (b)a. iii) (1) a.
18
(ii) and is eligible to receive the 49 remaining TREs identified in
o„ v
19
P55-03 from the Florida Keys RV Park site.
� C
20
11. Conditions 2 3, 4, 6, 7, 8,11,12,13,16 and 17 from Resolution P47-
N
$
21
03 shall be maintained.
w
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23
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSIONum
24
OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and
m
25
Conclusions of Law, support its decision to:
w
26
27
APPROVE the request filed by Northstar Resort Enterprises Corp. to
28
construct a one hundred thirty-eight (138) unit resort hotel including the
29
following amenities: a 4,910 ft2 restaurant, two (2) tiki bars, till huts, a
30
maintenance building, offices and one (1) affordable housing unit; as well as, a
31
front yard variance of twelve (12) feet along Woodward Way and a 13%
32
reduction in parking to allow 182 spaces with the following conditions:
33
1. Prior to drafting a Planning Commission Resolution, the applicant
34
shall:
35
a. Submit proof of ownership for the Cullen parcel including
36
exact acreage owned as well as who will possess the three (3)
37
market rate permanent residential units established on that
38
parcel• and
39
b. Submit a Preliminary Plat Application for the Cullen parcel
40
only a portion of the current parcel is being bought by
41
Northstar. If this plat does not show that the Northstar
42
Resort is purchasing a minimum of 2.36 acres or if the Board
43
of County Commissioners does not approve this plat, any
44
approvals given for the project shall be vacated and the
45
project shall submit a new amendment to their major
46
conditional use permit; and
Northstar PC Resolution v2 Page 4 of 7
P02.07
Northstar Resort Development Agreement: Exhibit G - Page 5 of 17
DooN 1635314
NO 2283 NO 1292
1
c. Submit a revised Traffic Study to determine if the restaurant
2
3
can be considered as a low intensity use or a medium
intensity If
ar
use. the restaurant can be considered a low
IM a
4
5
intensity use, then' two (2) 250 sq. ft. Tiki Bars can be
permitted on the site. If the restaurant must be considered
6
as a medium intensity use then no Tiki Bars shall be
ter•
7
permitted. The Planning Commission Resolution shall state
8
whether Tild Bars shall be permitted; and
9
d. Submit a revised Traffic Study to conform with Monroe
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
1W
14
local traffic circulation and hurricane evacuation times. If
I5
this condition is not satisfied, a new conditional use
$
16
amendment application shall be proffered to meet this
IL
17
criteria.
a
18
19
2. Prior to issuance of a building permit, the applicant shall:
sn sa
20
a. Transfer an additional 11.55 development rights to the
IMS,
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
so
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
P02-07
In
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in
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1
3
5
is 7
8
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Northstar Resort Development Agreement: Exhibit G - Page 6 of 17
Do" 1635314
Bkp 22283 PgN 1293
h. Have the proposed on -site waste treatment system approved
by the Department of Health and comply with the minimum v
requirements of Chapter 1OD-6 of the Florida Administrative a a
Code; and n� w
3. Prior to issuance of a certificate of occupancy for any unit; a°
minimum of fifteen (15) affordable housing units at the linked site 9
at approximate mile marker 106 shall be completed with $ "�
certificates of occupancy, and
CIS
4. The Resort will not be gated from US-1 to allow local residents
and other guests to use the restaurant facility.
APPROVE to reduce the required parking by twenty-seven spaces for a
total of one hundred eighty two spaces (182) provided with the following
condition:
1. A Grant of Conservation Easement be recorded for a minimum of
4,131 ft2 running in favor of Monroe County prior to the issuance
of any C.O. on the property, and
APPROVE to waive the 25 ft front yard required setback along
Woodward Way to a minimum of 13 ft with the following condition:
1. An access Bann -tent be recorded running in favor of Monroe
County prior to the issuance of any C.O. on the property to ensure
that Woodward Way remains a minimum of 24 ft wide to allow
access for all parcels which front Woodward Way; and
APPROVE to transfer the forty -rune (49) remaining eligible units
established by Resolution P55-03 at the Florida Keys RV Park to the Northstar
Resort site;
WHEREAS Condition La. has been satisfied by providing a warranty
deed showing ownership of approximately Z36 acres and stating that the three
(3) market rate ROGO exemptions are to be retained by Mr. Cullen; and
WHEREAS Condition l.b. has been partially satisfied by submittal of a
preliminary plat application for the parcel showing that Northstar Resort has
purchased approximately 2.36 acres; and
WHEREAS Conditions l.c. and l.d. have been met as Northstar Resort
Enterprises has submitted a traffic study meeting the requirements of the County
Traffic consultant which has concluded that the restaurant can be considered as a
low intensity use, the resort will not be gated, and may include two (2) Tiki Bars,
PASSED AND ADOPTED by the Planning Commission of Monroe County
Florida at a meeting held on the 260 day of July 2006
Chairman Cameron YES
Northatar PC Resolution v2
P02-07
Page 6 of 7
n
2
3
5
7
8
10
11
12
Northstar Resort Development Agreement: Exhibit G - Page 7 of 17
Commissioner Windle YES Deop id3s Bkp 2283 Pg Pep 1294
Commissioner Popham YES
Commissioner Wall YES
Planning Commission of Inv �
Monroe County, Florida a a
By
es Cameron, Chairman
Signed this 2-f day of 2007
~ O
"PROVED S TO FORM
AND LEGA LTFF� �. CY �
P* :7ey,s Office
Doc# 1839469
8k# 2543 Pg# 1006
ram cowm
OFFICIAL RECORDS
Northatar PC Rftolution v2 Page 7 of 7
P02-07
0
Northstar Resort Development Agreement: Exhibit G - Page 8 of 17
County of Monroe
Plaouiaa & En
2798 Ovemeas Highway, Suite 410
Marathon, FL 33050
Voice: (305) 289.2500
FAX: (303) 299.2536
Growth Management Division
Board of Coumv Cornmtssiagm
MayorHeather Carruthers, Dist 3
Mayor Pro Tem David Rice, Dist 4
Kim Wigington, Dist. 1
George Neugent, Dist. 2
Sylvia J. Murphy, Dist 5
We strives to be caring, professional and fair
r+�
1$ April 26, 201
IL
Reed Doc# 1859469
Company Land Use Planning &Consulting C. Reed 6k# 1543 Pg# 1061
411 Ridgewood Road NE
Atlanta, GA 30307
Subject: Minor Deviation to Planning Commission Resolution #P02-07
Northstar Resort Enterprises Corp., 99060 Overseas Highway, Rey 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 Departtneatt bas 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
deviation1knendment approvals, all conditions and provisions set forth in Planning Commission
Resolution #P02-07 shall 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,
Townsley Schwab, Senior Director of Planning & Environmental Resources
Northstar Resort Development Agreement: Exhibit G - Page 10 of 17
County of Monroe
Growth Management Division
. • ` Hamra orc� caata+htiea...
Mayor Sjdvis J. Murphy, Dtst S
2798 Oversms Highway, Suite 410 VIRW Pro Tom Haetlia Curuthem Diu. 3
Margkw FL 33050 Mario Di Geamm Diu. 4
Voice: (30S) 289-2300 George Neugem Dist 2
GL
FAX: (305) 289-2S36 Kim Wigiagtaa, Dirt. r
awd
We snlre to be cNe tg, professloaa/ and fair
Jim September 15, 2010
Joel Reed, A1CP Doc# 1859469
Solaria Design tit Consulting Co. Bk# 2543 Pg# 1009
91700 Overseas Highway, Suite 3
Tavernier, FL 33070
SUBJECT: Planning Commission Resolutions 002-07 and W32-09 Time Extension
Mr. 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 002-07 and 032-09. Your
request was submitted on November 20, 2009.
In 2007, an amendment to a major conditional use permit (Resolution #P02-07) 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 047-03. 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 (PBI-68)
and Block 3, Lot 3, El Dorado Heights (P31-203), Key Largo, Monroe County, Florida, having
real estate number 00099020.000000.
Resolution 002-07 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: 1n Resolution 002-07, 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, 00099030.000000, 00089040.000000,
0088060.000000 and 00097950.000000. For the 2009 tax roll, the property owner aggregated
the parcels under a single real estate number: 00088020.000000.
Page 1 of
Northstar Resort Development Agreement: Exhibit G - Page 11 of 17
Doc# 1859469
Bk# 2543 Pg# 1010
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 032-09, passed and adopted by the Planning Commission at a public hearing on July
22, 2009 and signed by the Planning Commission Chair on July 31, 2009. Following its passing
of appeal periods, the document was filed and recorded in the official records of the Monroe
County Clerk of the Circuit Court on December 1, 2009. Pursuant to the first condition of
Resolution 024-09, the project approved by Resolution 032-05 was provided a new expiration
L date of June 22, 2010 to acquire all required certificates of occupancy.
a
... 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
we
N
L
Northstar Resort Development Agreement: Exhibit G - Page 12 of 17
County of Monroe
Growth Management Division
Planning&! Environmental )ltesooMg
Deaerrtment
2798 overseas Highway, Suite 410
Marathon. FL 33050
Voice: (305) 289-2500
FAX (305) 289-2536
February 5, 2009
rdofC9unty Com
Mayor George Neugent, Disc 2
Mayor Pro Tem Sylvia J. Murphy, Dist 5
Kim Wigington, Dist. 1
Heather Carruthers, Dist. 3
Mario Di Gennaro. Dist. 4
We stove to be caring, professional andfair
air
Joel Rced
Reed & Company Development Services, Inc.
91700 Overseas Hwy., Suite 1
Tavernier, FL 33070
Subject: Minor Deviation to Planning Commission No. P02-07
Real Estate No. 00088020.000000
Mr. Reed, Doc# 1859469
Bk# 2543 Pg# 1011
The Planning & Environmental Resources Department has approved your request for a minor
deviation to Resolution No. P02-07, as described in an application to the Department, received
January 29, 2009. You requested a minor deviation to the subject property's major conditional
use permit approval in order to:
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.
'lice 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
subiect to further review as a minor deviation or as an amendment to the major
conditional use permit approval provided under Resolution No. P02-07.
Page 1 of 2
is
Northstar Resort Development Agreement: Exhibit G - Page 13 of 17
We trust that this information is of assistance. If you have any questions regarding the contents
of this letter, or if we may further assist you with your project, please feel free to contact our
Marathon office at (305) 289-2500.
Respectfully,
o $
IF T
s
y
Townsley Sc
Acting Sr. Director of Planning & Environmental Resources
W.
IL
Doc# 1859469
8k# 2543 P# 1012
Page 2 of 2 MON COUNTY
OFFICIAL RECORDS
Northstar Resort Development Agreement: Exhibit G - Page 14 of 17
County of Monroe
Growth Management Division
ANNOM mom us wG=@MwMO*M&w4
f wMw,Sake410 Mew FMTMa aS*w.DhL I
MYr4on. FL 3M10
Volpe OM 3iNi300 chufft -SAW I*
FAX: (30s)u9,2x16Nel ,3lDorK.ayS MA 3
wesar w to it - &"fd r
July 14, 2W
Reed and Company
$ M40 pt e7feaa Ngh ay, suite 3 Doc# 1859469
Tavernier, n 33090 SO 2543 Pg# 1613
XMIE T. Minor Devlatl m Request Na&r Reaps 7Cep Lamy 1l &
Market "i MMMO=OQ oellB0Mt) OOM ODOA'Ai0�000100,
aoo�9�aaoo�aq, 000eaoaa00000q 000eoosa,COW00 ON
aaBeo6a.000000,, aeorr�aa0000ai.
Mr. Reed,
In a letter to the Ftarmbtg dr 8nvkwasWal Rasoumm - received 1* 9, 2W, W.
Reed requested n drar drAstkm authorfra-I to the sub*t property's condtef nd use in order
to:
I. Decrease the residential buildbrg M mn 22 to 15 and keep the three (3) sappotag
bcdlditt8 whae aAkftbtteg the omit a xwt and
2. Reduce the number of trees b be relooaoaf; and
3. htaease the number of Fencing mum by ten (10) yet reduosd the amount of
avbA t coverage; and
4. Add a day I is moth and
5. Add a private apa arse/wotkma +dine to building five (5); and
6. Add a 31d floor to the original bea& frMt buildhW that were previously two (2)
stories.
1. Letter to Arai JmtlaW dated July 9, 2007; and
2. F&SMW Snyder Martbteau & Yates, Site Plan A201, stgrled, eesled attd dated
6/22/07; and
3. FaMa Wr Snyder Mertlnean h Yates, Site Fbm C,akoLttmta A102, fined, sealed
and dated 6/I?/07; and
Paplof4
W:\GROWTHMANAG04BNf\Cwo\V"@rKept\0➢9tojai DowmeowalNordw w\Mhwrtkvhfl=%Np port
-July 16 300 AM
Northstar Resort Development Agreement: Exhibit G - Page 15 of 17
44
4. FaikeW Snyder k Yaws, Reception and Office Floor Flan A111, sighted,
sailed and dated 6/22/07, and
5. FallMW dated 66/12/m: and YabW Reception Mind Office Floor FLn A112, sigmed,
asaW and6. Faflmnger Snyder Mwdnwu & Yawe, Reception and Office gieftdjona A113, signed,
sealed and dated 6/12/07; and
7. FalkwW Snyder Matfhte a din Yaws, Reception awd Office Elevations A114, signed,
sealed and dated 6/22/07; and
.. & Faawnger Snyder Mordneou sit Yaws, Restauraat Floor Plan A115, signed, sealed
and dated 6/12/07, aid
9• Mmoger Snyder Martineau & Yates, Resburmtt Floor Flan A114 signed, se"
and dated 6/12/07; and
1Q Falicanger Snyder Martineau k Yates, Re U=Mt Elevations A117, signed, sealed
and dated 6/12/07, and
21. FaMonger Snyder Marthwu din Yates Restaurant Mevatioars Ails, Agned, sealed
and dated 6/12/07, and
12. Folluanger Snyder Martineau & Yates, Building A2 Floor Flint A119, signed, sealed
and dated 6/12/07; and
13. Falkanger Snyder Martineau A Yates, Building A2 Floor Plan A120, signed, sealed
and dated 6/l$/07; and
14. Fat www gayder Martinean k Yates, Building A2 now Plan Alm, signed, sealed
and dated 6/12/07, and
15. FaUmVer Snyder Martineau & Yates, Building A2 Elevations A32Z signed, swIed-
and dated 6/12/07: and
16. FaB � Snyder Martineau 4 Yates Building A2 B1evadans Al2.�, sigma, sealed
and 61121OV, and
17. FaAmWw Snyder Marthsau & Yates, MdnMnwwe Bdldiag Afford" youag
A124, signed, and dated 6/12/07, and
IS. Fall a yer Snyder Mardnwu & Yates, blaint esuinoe Budding Affordable Housing
A125, signed, soled wW dated 6/12/07, and
19. FaIkanger Snyder Martineau k Yates, Maint mace Building Elevations A126,
signed, sealed and dated 6/12/07, and
20. Faltanger Snyder 14ardneou k Yates, Mafnteu m %Wdfng A127,
M a 610" NOW and dated 6/12/07, and
21. FaInager Snyder Martineau fir Yates, Building Al Floor Plan A128, signed, sealed
and doted 6/12/07; and
i 22 Fa&anger Snyder Muttirwu sir Yates, Banding Al Floor Plan A129, signed, soled
o Y and dated 6/12/07, and
c m 23. FF&Uwtger Snyder Martineau & Yates, Building Al Floor Plan A130, sailed
and dated nd
24- FslkWW %Yder Martineau fie Yates, Building Al lrlevations A13L signed, sated
and dated 6/12/07, and
25. Fa&an8w Snyder Martineau fie Yates, &dIding Al Mwations A332, signed, sealed
and dated 6/22/07; and
26. Monger Snyder Marineau & Yates, 9 Unit Building, Bl Hoof Flan A133, signed,
waW and dated 6/12/07, and
Page 2 of 4
W:\GR0WM MANACEJNBivr\Gw\UpW Keys\099 m IM DDWWbwn\Nair\ Mhwr Devmft SbM Rq n
- July 14 2pp AW
Northstar Resort Development Agreement: Exhibit G - Page 16 of 17
0
27. Falkanger Saydw Martineau & Yates, 9 Unit Building, M Floor Plan AIN, signed,
seated and dated 6/12/O7, and
20. FalkNW Snyder Martineau do Yates, 9 Unit Building, M Floor Plan AM, signed,
seated and dated 6/WO7, and
29. FalWntger Snyder & Yates, 9 Unit Wkin& III Movations A336, signed,
sealed and dated 6/2.2107; and
30. FaaManger Snyder a /i2Mlnesu & Yaw 9 Unit Building, BI Elevations A137, signed,
sealed and dabd 6.
AmIudon No. P0247 was � approving 138 unit resort hotel irduding the fallowing
a tild bIIM Wd bxft bWkUn& offices and ant (1) affordaWe
a emit
i�
- tt:�arE.11�r•
Pursuant to MCC Sec. 9.5-72(b)(3), minor devittime which may be authorised are time that
appear necessary in light of technical and engineering considecations and shaU be limiiad to the
following:
A. Altmetdm of the loorOM ofany mad o► anik ony by eat mar aw floe (5) fbrt:
Road cuts and fire scats cartes were nnaintairred. Fire access tluoughout the site has
beenimproved.
B. RahMUM of the dotal of spar woe by tot clone dM /Far (5) pwuw of nadrtdien of tltr
YOM Ow or open epoae aditd wdh ergs ainglr strachn s by sot Warn' dM )Eris (5) prrrret
pmvubd that sank r+aftedon doss tot pa nit the r"wred opm spent to YK im diet that
by MCC Stators 9.5,262 and 9.S W
mrs
mThe open speee was increased.
UM a G Altenrfflvn of Lire h�aatioe, type orgwrllty of wag sis trents of thr aortditioeat rar
a;Fe"Mit:
"'A CW2
CK2"w*
�N The landscaped buffers were nudntained.
omNS
ftasc refer to the ApphamsWo letter to the Director of Flenndag dated July 9, 2007 requestlag
said deviation for a table providing a deseiiptlon of each deviaton.
lire Proposed improvements applied for an cansident with the Intent of a minor deviation and
are hereby granted with the Mowing cortditiom
Pap3o
W:\MoWrs' MANAGEMENT\Cw\Upper Keri\09910lot Downtown\Pimdrrsr\Mfnw De tmM ftW VApM
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Northstar Resort Development Agreement: Exhibit G - Page 17 of 17
1. Amy revisions_ to the work under dds minor deviation request or future
hnpwvem b to the pnope=ty are subject b farther review as ndnor deviations or as
aauedn o to the minor condid=W use.
n we trust that this inforaution is of assistance. If you have any questions regarding the contents
of dds letter, or if we may fiudw assist you with your project, please fed flee to contact our
Marathon office at (305, M9.29M
d
m %nee * yours.
V4 IdAI64-h" 8"1'ir WAM— 'tofu
:s Met jouW4
o a'EE Director of Fianndag & EnvircrmKntal Resources
Doc# 18559469
9k# 2543 Pg# 1116
rw.afll
w:\GROOM MANACMbO vr\ceo\Upper Kop\o99 eo IM oowmunvn\ho.dular\Mbw o vindm sd6 Report
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HOWOE COMITY
OFFICIAL RECORDS
E
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
DocN 1697947 06/04/2008 10:42AM
Filed 8 Recorded In Offlolal Records of
MONROE COUNTY DANNY L. KOLNAGE
Docp 1597947
BkN 2364 NO 1600
Property Appraisers Parcel Identification (Folio) Number(s):
00088060-000100
Alternate Key No. Ood 1859469
9088193 8k# 2543 P9# 1017
Space Above This Line for Processing Data I Space Above This Line for Recording
ACCESS EASEMENT
THIS EASEMENT, made this _e3 day of , 2008 by and
between Northstar Resort Enterprises, Inc., a Florida corpora , Grantor, whose address
is: 9261 S.W. 140 Street, Miami, Florida 33176, to Monroe County, Grantee whose
address is: 1100 Simonton Street, Key Largo, Florida 30040.
WITNESSETH:
WHEREAS, the Grantor is Owner of the following described property:
Begin at the intersection of the Northwesterly right of way line
of WOODWARD WAY and the Northeasterly right of way
line of U.S. No. 1; thence Northwesterly along said right of
way line of WOODWARD WAY N00°01'00"W for 415.29
feet; thence leaving said right of way line run S89°59'00"W for
9.00 feet; thence run 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 -
Oooa 1697947 Northstar Resort Development Agreement: Exhibit H - Page 2 of 2
aka 2384 Pqa 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 '20 day of
4 , 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 tajKc an oath.
Notary Signature -an'VSeal
IDod 1859469
Bk# 2543 Pg# 1618
MONROE COUNTY
_2m OFFICIAL PUBLIC RECORD
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Northstar Resort Development Agreement: Exhibit A - Page 1 of 7
LEGAL DESCRIPTIONS
Doc# 1859469
Pal 1 Bk# 2543 Pg# 975
A portion of Lots 8 and 12 in section 32. Township 61 Sough,
Range 39 East according to the Model Land Componjr Flat as
recorded in Plat Book I. at Page 68 of the Public Records of
Monroe County. Florida on Key Largo, bung more particularly
described as follows:
From the intersection erf the East line of said Lot 8 and the
Northwesterly r/w ine of State Road No 5 (former F E.C.R.R.).
thence proceed SA 20' W along said Northwestery r/w fine
620' to the Point of Beginning of the parcel harsrfnaf a deacnbed;
thence proceed N 10'07 32' Mr. 576' "we ar lees to the Mean
High Tde Line of Buttonwood Sound; thaws meander sold Mean
High Tide Line in o Southwesterly direction. 135' more or less to the
west the of said Lots 8 and 12; thence proceed S 2'00' E along
add West line of Lob 9 and 12. 706', room or less to void North—
westerly r/w line: thence Proceed N 4T2V E along sold North—
westerly r/w/ line 286.50 the Point of beginning.
Parcel 2
A portion of Tracts 4, 8 and 12 in Section 32. Township 61 South,
Range 39 East on Key Largo, according to Model Land Co's. Plot
recorded in Plot Book 1 at Page 6B of the Public Records of Monroe
Co., Fla., Mom particularly descrhad as follows: From the intersection
of the East rre of said Track 8 and the Northwesterly might of war Ifne
the Overseas Highway, run South 4320' west along said North—
westerly right of way line o did,once of 320 het to the Point of
beginning of Ow parcel hervinofter described. thence continue South
43'20' along sold right of way line. a dstance of 200 ft.; thence
North UY0732' West, a distance of 569.5 ft , more or less to the shore
of Buttonwood Sound; thence Northeast" meandering sand shoreline.
a distance of 200 ft.. more or less to a point of intersection with a line
which runs North 1707'32' West from the point of beginning; thence
South 10'07'32" East, a distance of 569 S ft.. more or less to the point
of begnnninQ.
And also that certain land better described as Leitner's Subdivision
according to the Plat thereof as recorded in Plat Book 3 at Page 177 of
the Public records of Monroe County, Florida (which said plot has now
been revoked and duly vacated) said above described Plat of Leitner s
Subdivision oleo being commanlr known as 4dlows: Start at a point
where Lot S. Section 32. Township 61 South, range 39 East Intersects
the Northwosbs+ir Right of Way line of U.S. Nghway No. 1 (form"
FEC. R/W line) and the Northwest side of Woodward way, thence of
an angle of 135 15' Southwesterly a distance of 200 feet to the point of
beginning; thence South 4720' west olorg the NorthweOmlr Right of
Way line of U.S. Highway No. I a distance of 120 feet; thence North
10'07'32' west to the waters edge of Buttonwood Sound, a distance of
approximately 569.5 feet; thence North 47151oet o distance of 120 f4set;
thence South 9'46'29' Eost o distance of 563.06 test to the Point of
Beginning
Doc# 1859469
ON 2543 Pg# 976
Northstar Resort Development Agreement: Exhibit A - Page 2 of 7
Parcel 3
The southerly 50.00 feet of Lot 3 Block 3 O Dorado Heights, according to
I
plat thereof recgrded in Plat 'Jook 11 at Page 203 of the public records
of at
county on a. Contain ng 3,749 square feet more or less.
Together with portions of the following described parcelso
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 I, 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 Plot 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 descrloed as follows:
the interoectlon of the easier)
with the southerly line of Lat
e
S
203
of centerline of said Sate Rog No 5: th a ryn 'N 4.T2010b along '
�aid n t of. a line or o di anc of 1eb p6 fey} {o a inc s ore
ron road (ongi�,`n� Jenkens pin on the eas fine of Lot 1� accor�ng to
Plat g�o� I Y qe 68 of Public Records, Monroe County Flori • thence
run N 02't�0 0o W along said east Ilne of lot 11 for a distance
of 21 1.2 feet more or less to an ex stin c��dn lint fence; en�e r4n
alon said chain link fence in a souti�weerly diro tion for 12 55 feet more
or I�ss {{o q ppint on the easte�{y line of scud p �jag3do HerRs; th nce
run S 02'00 43-E long said easterly line of said EI Dorado i�eights or
a distance of 280.2 feet more or less to the Point of Beginning.
Containing 32.090 square feet, more or less,
AND:
Doc# 18590
8k# 1543 Pg# 977
Northstar Resort Development Agreement: Exhibit A - Page 3 of 7
Parcel 3
en�ieof regarded 50-00 feet of I�tt3l Block Sage 3 of Ia.�o�cKdec�rds
ortroe aunty. rMa. COPrrtat�nopok3.� equ more or lees.
Together with portlons of the fotlowing descrilwol parcels
The South one—half of the followinq described property to
wit: The west 05 feet of the East 120 feet of than parts
of Lots 9 and 11, lying North of the Florida East Coast
Railway Conripany's right of way, according to the Plat
thereof, as recorded in Plot Book 1, at Page 68, of the
Public Records of Monroe County, Florido; And
The Ecwt 75 feet of those parts of Lots 9 and 11. lying
North of the Florida East Coast Posh" Con�any's right of
way, according to the Plot thereof, as recorded in Plot
Book 1. of Page 68. of the Public Records of Monroe
County, Florida, said lands lying and being in Section 32.
Township 61 South, Range 39 East, Ibnroe County. Florida.
Subject portions being more particularly described as follows
VW
no
a
3
run N 122-00"00- w olong said east ine-of Lot 11 fore distance
al21112 feet m or Ives to on es c an snk f ce: e r n
e s d chain Ink f ea In a seyth.ear 1 M� more
or ?Ia `� tome sets„,, I o e o He rice
run ? 0?08'dv doing add easi"erl14 of aa�do or
a distance of 280.2 feet more or less to the Point of Beginning.
Containhq 32.090 square fret, more or lose.
AND:
at the inter on of th easte line
with the s . edy. line o"I Lot 9,�lock
203
on esusq cna rink rE
a Point 01 mtng of aribed
parcel o��pnd, ram ao n gi n ing co iininl N pp 0 Ong
said e4steAy fine of saI itdiq�ts for a dis�once of 5 71 feet to
a pie,?. thence run N far a distance of 120.34 feet to 0
riht lei � qqn with he a if : of � I1, occo fin to the p t
�9corde m �Ic�k 17} BoT the public rofords of I�dnroe Cioun�y.
ordo; thanes nun 0 o nQ sad iostoA n# of soil Lot t
for o distone of 50.00 feet t an elsti chain .1 fe�ee: thence run along
said choirs li fence in, q sou westerly di ection for a distance of 120.55 feet
59
DOC# 1859469
Bk# 2543 Pg# 978
Northstar Resort Development Agreement: Exhibit A - Page 4 of 7
Parcel 4
A parcel of land on Key Largo, Monroe County, Florida, bang
port of the East 75 feet of Lots 9 and 11. and part of the
West 45 feet of the Easi 120 feet of Lents 9 and 11. all as
recorded in Plot Book 1. Page 68 of the public records of
Monroe County, Florida, and being more particularly described
as follows -
Parcel 1. Commence at the intersection of the east line of
i] Dorado Heights subdivision as recorded in Plat Book 1.
Page 203 of the public records of Monroe County, Florida.
with the south line of Lot 9, Block 3 of sold subdivision.
said south line being also the northwest right of way line
of State Road No. 5 (US Highway No. 1) 100 feet northwest
of the centerline of said highway; run thence North 2 degrees
00'43" west along sold east line of said E] Dorado Haighfs
subdivision for a distance of 337.91 feet to the Point of
Beginning of the hereindescribed parcel; from said Point of
eaasstnfineQ,of continue
E] NDorrado Heights frees ora dlsiance 0'43" West along
g337id
feet more or less to the shoreline of Buttonwood Sound:
thence meander said shoreline in a northeasterly direction
for a distance of 188 feet more or lass to an intersection
with the east line of the said Lot 9, Plat Book 1. Page 68;
thence run South 2 degrees 00'00"East along said east line
of said Lot 9 and along the east lime of said Lot 11, Rat
Boole 1. Page 613, for a distance of 444 feet more or less,
to a point on the said east line of said Lot 11. said point
being at right angles with the Point of Beginning of the
hereindescribed parcel; thence run South 88 degrees 00'00"
West, at right angles wish the previously described course
for a distance of 120.34 to the Pant of Beginning of the
er indescri1bed parcel.
AND
Lot 3. Block 3, El Dorado Heights. loss the south 50.0 teat
thereat, according to the plat thereof, recorded in Plat Book 1
at Page 203 of the public records of Monroe County. Florida.
Doc# 1BE469
Bk# 2543 Pg# 979
Northstar Resort Development Agreement: Exhibit A - Page 5 of 7
Parcel 5
A part of Lots 4 and B in Section 32, Township 61 South, Range 39 East,
more particularly described as follows: Commencing at a point where Lot a,
Section 32, Township 61 South, Range 39 East, intersects the Northerly side
of U.S. Highway #1 (fornnerty Florida East Coast Railway right of way) and
Woodward Way, and from said point at an angle of 135' 15 00' (136 29'00"
measured) run Southwesterly 200.00 feet; thence at an angle of 53 16'29',
run northwesterly 563.99 feet; thence run Northeasterly, meandering along the
water's edge 142.00 feet, morn or less; thence run S 4W42' 13"E for 131.80;
thence run N 59'59'" E for 45.00 feet; thence run along Woodward Way
Southeasterly a distance of 415.29 feet back to the place or Point of Beginning.
Parcel 6
A portion of Tracts 8 and 12 in Section 32, Township 61 South,
Range 39 East on Key Largo, according to Model Land Co. Plat
recorded y1 Plat Book 1 Page 68, Public Records of Monroe County,
Florida more particularly described as follows:
From the intersection of the East line of said Tract 8 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 17 07' 32" W. a distance of 578 ft.
more or less to the shore of Buttonwood Sound; thence Northwesterly
meandering said shoreline a distance of 100 ft., more or less to the
point of intersection with a Una which runs North 10" 07' 32" W, from
the point of beginning; thence S. 10'07'32" E. a distance of 569.5 M.
more of less to the point of beginning.
ACCESS EASEMEW
Begin at the Intersection of the northwesterly side of Woodward Way
and the northeasterly right of way line of U5 No. 1; thence northwestery
along said right of way line of Woodward Way N0101'00'W for 415.29
feet; thence leaving said r4M of way line run S89'59'00'W for 9.00
feet; thence run N0101'00"* for 42477 feet to an intersection with
the eosterfy right of way line of US No. 1; thence run N4330'001
for 13.07 feet: to the Point of Beginning.
Beingg a 9.08t section running along the southwesterly side of
Woodword Way as more particularly described above
Doc# 1859469
8k# 343 Pg# 989
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