Resolution 441-2018 1 --%\;N:\k\
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6 MONROE COUNTY,FLORIDA
7 RESOLUTION NO. 441 -2018
8
9 A RESOLUTION BY THE MONROE COUNTY BOARD OF
10 COUNTY COMMISSIONERS APPROVING AN AMENDMENT
11 TO A DEVELOPMENT AGREEMENT BETWEEN MONROE
12 COUNTY, FLORIDA AND KEY LARGO OCEAN RESORT
13 CONDOMINIUM, INC. ALSO KNOWN AS KLOR AND
14 FORMERLY KNOWN AS KEY LARGO OCEAN RESORTS CO-
15 OP, INC. CONCERNING PROPERTY LOCATED AT 94825
16 OVERSEAS HIGHWAY, KEY LARGO, APPROXIMATE MILE
17 MARKER 95, DESCRIBED AS A PARCEL OF LAND IN
18 SECTIONS 13 AND 14, TOWNSHIP 62 SOUTH, RANGE 38
19 EAST, BEING PART TRACT 10 AND PART TRACT 11 OF
20 SOUTHCLIFF ESTATES (PLAT 2, BOOK 45), KEY LARGO,
21 MONROE COUNTY, FLORIDA HAVING REAL ESTATE
22 NUMBERS 00483401-000100 THROUGH 00483401-028500
23 AND 00483402-000000.
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27 WHEREAS, during a regularly scheduled public meeting held on December 19,2018 the
28 Monroe County Board of County Commissioners conducted a public hearing to review and
29 consider a request filed by Bob de la Fuente,on behalf of Key Largo Ocean Resort Condominium,
30 Inc. (KLOR), for an Amended Development Agreement in accordance with Monroe County Code
31 §110-132 and §110-133 and Florida Statutes §163.3220 et. seq., the "Florida Local Government
32 Development Agreement Act"; and
33
34 WHEREAS, the subject property is located at 94825 Overseas Highway in Key Largo,
35 approximate mile marker 95, and is legally described as a parcel of land in Sections 13 and 14,
36 Township 62 South, Range 38 East, Key Largo, being a part Tract 10 and part Tract 11 of
37 Southcliff Estates (Plat Book 2, Page 45) Monroe County, Florida having real estate numbers
38 00483401.000100 through 00483401.028500 and 00483402.000000; and
39
40 WHEREAS, in 2006, the County entered into a Development Agreement with KLOR's
41 predecessor in interest, Key Largo Ocean Resorts Co-op, Inc. which among other provisions
42 provided conceptual approval of a plan to redevelop the site. The Development Agreement was
43 memorialized in BOCC Resolution#242-2006; and
44
45 WHEREAS, in 2014 the County Amended the Development Agreement with KLOR
46 through BOCC Resolution#196-2014, amending the previous agreement by the following:
Page 1 of 5(BOCC December 19,2018)
1 • Amends references from "Key Largo Ocean Resort Co-op" to "Key Largo Ocean Resort
2 Condominium Association, Inc." as the successor in interest
3 • Updates the status of improvements to achieve compliance from 2006 to present to reflect
4 completion of demolition work and attainment of recent building permits for site work
5 • Increases wet slips from 65 to 76
6 • Allows existing lawfully nonconforming accessory structures approved to remain on site
7 to be demolished and replaced with new structures
8 • Allows road ready RVs to remain on the property until December 31, 2016
9 • Extends the expiration date of the original development agreement from August 22, 2016
10 to December 31, 2018; and
11
12 WHEREAS, this request for an amendment relates to the redevelopment of the property
13 with a maximum of 285 single family detached dwelling units and accessory structures and uses
14 including recreational and maintenance facilities, resort office, bath houses grill/pub, club and
15 docking facilities; and
16
17 WHEREAS, the 2nd amendment results in revisions to the duration provision of the 2006
18 development agreement and 2014 amendment including:
19 • Amends an extension of time for the Development Agreement("Amendment")for eighteen
20 (18) months, or until June 30, 2020, with an option to administratively extend the
21 Amendment for an additional twelve(12)months,upon agreement between KLOR and the
22 Planning Director.
23
24 WHEREAS, a public hearing is scheduled for December 12, 2018 with the Monroe
25 County Planning Commission; and
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27 WHEREAS, based upon the information and documentation submitted, the Board of
28 County Commissioners makes the following Findings of Fact:
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30 1. The subject property is located in the Urban Residential Mobile-Home(URM)land use
31 district;
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33 2. The subject property has a Future Land Use Map (FLUM) designation of Mixed Use/
34 Commercial (MC);
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36 3. The subject property has a tier designation of Tier III;
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38 4. In 1994 and 1995,the Monroe County Code Enforcement Department began to actively\
39 pursue compliance with the requirements of the Recreational Vehicle (RV) district in
40 order to resolve violations related to construction carried out without the benefit of
41 properly issued building permits; ,
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43 5. As a result of the County's action, KLOR brought legal action against the County
44 seeking relief from the application of the requirements of the Recreational Vehicle
45 district;
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Page 2 of 5(BOCC December 19,2018)
1 6. The Circuit Court of Monroe County granted an injunction against the County, Case
2 Number 96-201630-CA-22, to allow KLOR to seek a change of its land use district
3 designation from Recreational Vehicle (RV) to Urban Residential Mobile Home
4 (URM) in order to resolve some of the code enforcement issues;
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6 7. The Court ordered the parties into Mediation,which resulted in a Settlement Agreement
7 signed by the parties in June 2003, approved by the Court on August 4, 2003, which
8 authorized KLOR to submit and apply for a Development Agreement;
9
10 8. In 2004, KLOR amended the Future Land Use Map Designation from Mixed
11 Use/Commercial (MC) to Residential High (RH) and from Residential Medium (RM)
12 to Residential High(RH);
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14 9. In 2004, KLOR amended the Land Use District Map from Recreation Vehicle (RV) to
15 Urban Residential Mobile Home(URM)and from Improved Subdivision(IS)to Urban
16 Residential Mobile Home (URM);
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18 10. In 2006, the County entered into a Development Agreement with KLOR which
19 provided conceptual approval of a plan to redevelop the site. The Development
20 Agreement was memorialized in BOCC Resolution#242-2006; and
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22 11. In 2007, the Planning Commission approved a request by KLOR for a major
23 conditional use permit to approve the redevelopment plan and site plan. The approval
24 and conditions were memorialized in Planning Commission Resolution#P35-07;
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26 12. Following its issuance, Resolution #P35-07 was appealed to the State of Florida
27 Division of Administrative Hearings (DOAH Case#07-5390). Following a review by
28 DOAH, the case was dismissed, documented by a final order of dismissal signed by
29 Bram D. E. Canter, Administrative Law Judge, on June 25, 2008. A KLOR resident
30 named Maria Barroso appealed that order to the Circuit Court(Case#: CA P 08-564).
31 That case was dismissed by agreement on August 18, 2009;
32
33 13. In 2007, the BOCC approved a request by KLOR for a waiver to the inclusionary
34 housing requirements. The approval and conditions were memorialized in BOCC
35 Resolution#298-2007;
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37 14. On July 13,2009,the County filed a motion with the Circuit Court to ratify and approve
38 the Development Agreement. On August 22, 2009, the Circuit Court granted the
39 County's motion and adopted a"Master Development Schedule...as a guideline for the
40 parties to implement the Development Agreement." The Master Development
41 Schedule was never implemented because the KLOR Board was recalled and replaced
42 in late 2009;
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44 15. In 2009, the County sought to enjoin the use of the Park for habitation because of
45 numerous life safety violations. After touring the park,the Circuit Court Judge granted
46 the injunction and originally ordered the park to close as of January 15, 2010. That
Page 3 of 5(BOCC December 19,2018)
1 deadline was extended, but the Court ultimately ordered the park closed for habitation
2 effective July 31, 2010 in an order dated June 22,2010. In the June 22,2010 order, the
3 Court ordered that all illegal structures on the property be demolished by December 31,
4 2010;
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6 16. On December 21, 2011, the Planning Commission approved a request by KLOR for a
7 major deviation to the major conditional use permit. The approval and conditions were
8 memorialized in Planning Commission Resolution#P49-11;
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10 17. On August 20, 2014, the County Amended the Development Agreement with KLOR
11 through BOCC Resolution#196-2014.
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13 18. Florida Statutes §163.3220 authorizes Monroe County to enter into development
14 agreements with landowners and/or governmental agencies to encourage a stronger
15 commitment to comprehensive and capital facilities planning, ensure the provision of
16 adequate public facilities for development, encourage the efficient use of resources,
17 and reduce the economic cost of development;
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19 19. Florida Statutes §163.3237 allows amendments to development agreements;
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21 WHEREAS, based upon the information and documentation submitted, the Board of
22 County Commissioners makes the following Conclusions of Law:
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24 1. The request is consistent with the provisions and intent of the Monroe County Code;
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26 2. The request is consistent with the provisions and intent of the Monroe County Year
27 2010 Comprehensive Plan;
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29 3. The request is consistent with the provisions and intent of the Master Plan for Tavernier
30 Creek Bridge to Mile Marker 97;
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32 4. The request is consistent with the Principles for Guiding Development in the Florida
33 Keys Area of Critical State Concern;
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35 5. The Agreement, among other things, is intended to and shall constitute a development
36 agreement among the Parties pursuant to the Florida Local Government Development
37 Agreement Act, Section 163.3223, et seq.,Florida Statutes;
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Page 4 of 5(BOCC December 19,2018)
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1 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
2 COMMISSIONERS OF MONROE COUNTY,FLORIDA,that the preceding Findings of Fact
3 and Conclusions of Law support its decision to APPROVE the proposed Amended Development
4 Agreement between Monroe County and Key Largo Ocean Resort Condominium, Inc.
5
6 PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS of
7 Monroe County, Florida, at a regular meeting held on the 19TH of December, 2018.
8
9 Mayor Sylvia Murphy Yes
10 Mayor pro tern Danny L. Kohlage Yes
11 Commissioner Michele Coldiron Yes
12 Commissioner Heather Carruthers Yes
13 Commissioner David Rice Yes
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15 p ® '
16 4 =" BOARD OF COUNTY COMMISSIONERS r c_
17 ,!!;19, ` � OF MONROE NT ORIDA o ff
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BY: �.
20\'N` `v= `rc j Mayor ylvia Murphy --� , i
2 SEAL)` = Iii, •�r e t
A � � r �l � C7
22 ��=T'IrEST. ;Kevin Madok, CLERK N
24
25 Deputy Clerk
MON OE COUNTY ATr NiEY
Page 5 of 5(BOCC December 19,2018)
The Florida Keys Only Daily Newspaper,Est. 1876 RECEIVED
PO Box 1800,Key West FL 33041
P:(305)292-7777 ext.219 F:(305)295-8025 2: q ZO 18
legals@keysnews.com DECU h ®' lU
MONROE CO PLANNING DEPT MONROE COUNTY ATTORNEY
MURRY E NELSON GOVERNMENT CENTER
102050 OVERSEAS HVVY
KEY LARGO FL 33037
Account: 138694 Ticket: 266932 -r
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA
COUNTY OF MONROE MONROE COUNTY BOARD OF'---.
Before Before the undersign d authority personally appeared COUNTY COMMISSIONERS
NOTICE OF PUBLIC MEETING AND
P1s '1 1�a �g who on oath says that he or she is NOTICE OF PUBLIC HEARING'
CM e p)(i)( of the Key West Citizen, a daily December 19, 2018 `
newspaper public ed in Ke est, in Monroe County, Florida;that the attached
copy of advertisment, being a legal notice in the matter of was published in said NOTICE IS HEREBY GIVEN that on Tuesday,
newspaper in the issues of: December 19, 2018, the Monroe County Board of '--
County Commissioners will hold a Public Meeting at
Sunday, December 2,2018t- the Nelson Government Center, 102050 Overseas
Highway, Key Largo, Monroe, County, Florida, to
Affiant further says that the Key West Citizen is a newspaper published in Key review the following items:
West, in said Monroe County, Florida and that the said newspapers has hereto-
fore been continuously published in said Monroe County, Florida every day, and KEY LARGO OCEAN RESORT CONDOMINIUM
has been entered as periodicals matter at the post office in Key West, in said ASSOCIATION.INC.,94825 OVERSEAS HWY,UNITS
Monroe County, Florida,for a period of 1 year next preceding the first publication
of the attached copy of advertisement;and affiant further says that he or she has 1-285, KEY LARGO. FL 33037'MILE MARKER 94.8
neither paid nor promised any person,firm or corporation any discount, rebate, OCEAN SIDE:.A'PUBLIC HEARING CONCERNING A"
commission or refund for the purpose of securing this advertisement for publica- REQUEST FOR AN AMENDMENTTOA DEVELOPMENT
tion in the said newspaper.
AGREEMENT FOR A TIME EXTENSION' BETWEEN
MONROE COUNTY, FLORIDA AND KEY LARGO
( igna re f —Affiant) OCEAN RESORT CONDOMINIUM ASSOCIATION,
._. INC.AS IT RELATES TO THE DEVELOPMENT.OF 285
Affi ed a d -bsc ore me this/id day of December 2018
PERMANENT, MARKET-RATE DWELLING UNITS,
AND ACCESSORY. STRUCTURES/USES THERETO,
(Nbt u is Sig a ON THE PROPERTY. 'NO STRUCTURES WILL BE
at HIGHER THAN 35 FEET.'THE.SUBJECT PROPERTY IS.
1�fi l7 �,� DESCRIBED AS A PARCEL OF LAND IN SECTIONS 13
(Notary Pubic Printed Name) (Notary Seal)
AND 14,TOWNSHIP 62 SOUTH,RANGE 38 EAST,KEY
My commission expires 45g-. LARGO, BEING PART TRACT 10 AND PART TRACT 11
Personally Known X Produced Identification _Oak,,�� Suelynn Stamper
Type of Identification Produced ,
is f,1 x=COMMISSION#GG232802
Jj:*, S EXPIRES:June 27, 2022
e'���''°°pi naoo Did Ulm Aaron Notar
y
OF SOUTHCLIFF ESTATES (PLAT BOOK 2, PAGE 45),
MONROE COUNTY, FLORIDA;:HAVING REAL ESTATE.
NUMBERS 00483401-000000 THROUGH,02483401-
028500 AND 00483402-000000.(FILE 2018-191)
Copies of the above are available at the Monroe County,
Planning Department offices in Marathon and Key,Largo
during normal business,hours and 'online at: www.
monroecounty-fl.gov
Pursuant to Section 286.0105 Florida Statutes,if a person
decides to appeal any decision of the Board of County
Commissioners,with respect to any matter considered
.at the meeting or hearing;he or she will need a record:of..
the proceedings; and that;for such purpose, he or she
may need to insure a verbatim.record of the proceedings
is made,Which"record includes the testimony&evidence
upon which the appeal is to be based.
ADA ASSISTANCEc If you are a person with a disability
who needs special accommodations in order-to
' participate,in'.this proceeding, please contact the .
County Administrator's Office, by phoning (305) 292-
4441,.between the hours of 8:30 a.m. - 5:00.p.m., no
later than five(5)calendar days prior to the-scheduled
meeting;if you are hearing or voice impaired,call"711".
December 1,2018.Key West Citizen .