Item O13
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:September 16, 2015Department:Planning & Environmental Resources
and County Attorney
Bulk Item: Yes xxNo _Staff Contact:Mayté Santamaria 305-289-2562
Bob Shillinger 305-292-3470
AGENDA ITEM WORDING:
Approval of and authorization for the Mayor to execute the
Acknowledgement of Development Rights Affecting Real Property known as Key Haven Estates
Property.
ITEM BACKGROUND:
Key HavenEstates, LLC(KHE)has previously proposed and the County
has previously approved of the development of 43 residential single family units at the entrance to Key
Havenand on Enchanted Island. KHE entered into a Development Agreement with the County in
2005. The BOCC approved the final plat which set the number of lots at 43. In reliance upon these
approvals, KHE expended in excess of $4.2million in furtherance of that development including
purchasing fifteen Transferrable Development Rights (TDRs) andtransferring those TDRs to the site
pursuant to a Minor Conditional Use permit. Although the Development Agreement expired under its
own terms in June of 2015, KHE seeks affirmation of its vested right to build a single home on each of
the 43platted lots.
This proposed development was subject to litigation between the Developer and the former Department
of Community Affairs. That litigation resulted in a settlement agreement between those two parties
which is consistent with this agreement.
PREVIOUS RELEVANT BOCC ACTION:
1)2/23/05 adopted Resolution 085-2005,approvingthe Development Agreement.
2)9/22/05 adopted Ordinances021 & 022-2005,amending the Future Land Use and Zoning Maps
3)9/5/08adopted Resolution 251-2008which approved the Final Plat.
4)12/10/14 adopted Resolution 386-2014, the Plat Extension Resolution.
CONTRACT/AGREEMENT CHANGES:n/a
STAFF RECOMMENDATIONS:Approval.
Based upon the Settlement Agreement between DCA
and KHE, the prior approvals granted by the BOCC as well as the extensive expenditures made to date
by KHE in reliance upon the Settlement Agreement and the BOCC’s approvals, Planning and Legal
staff believe that KHE is vested as to the number of units approved in the plat and thus recommend
approval of this item.
TOTAL COST:INDIRECTCOST:BUDGETED:
n/an/an/a
COST TO COUNTY:SOURCE OF FUNDS:
n/an/a
REVENUE PRODUCING:AMOUNTPER MONTHYear
no
APPROVED BY:
County Atty _X____OMB/Purchasing Risk Management ____
DOCUMENTATION:
Included _X__Not Required ____
DISPOSITION:AGENDA ITEM #
Revised 1/09
Exhibit B
Enchanted Island
Lots 34, 35, 36, 37, 38, 39, 40, 41, 42 and 43, and Enchanted Way Right of Way, and Tract
3 of KEY HAVEN ESTATES, according to the Plat thereof as recorded in Plat Book 7, Page 78,
of the Public Records of Monroe County, Florida.