Item O07 _ 0.7
County ®1 �/�O ®e 060 c��': BOARD OF COUNTY COMMISSIONERS
lrl "'' Mayor Heather Carruthers,District 3
-Ile Florida Keys Mayor Pro Tern Michelle Coldiron,District 2
Craig Cates,District 1
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
January 22, 2020
Agenda Item Number: 0.7
Agenda Item Summary #6451
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2506
1:30 P.M. PUBLIC HEARING
AGENDA ITEM WORDING: Approval of Development Agreement between Monroe County,
Florida and Wreckers Cay Apartments at Stock Island, LLC. The requested agreement relates to the
proposed redevelopment of mobile home parks to Two Hundred Eighty (280) deed-restricted for 99
years - affordable dwelling units (70 are proposed to be low income; 70 are proposed to be median
income; and 140 are proposed to be moderate income), at a maximum net density of 40 units per
buildable acre, with no structures being higher than 38 feet from grade, since the finished floors are
elevated at least 3' above minimum base flood elevation with architectural features and parapet walls
permitted to be up to 44' to hide mechanical equipment, and such structures may contain three (3)
habitable floors. The subject property is described as three parcels of land in Section 35, Township
67, Range 25, Stock Island, Monroe County, Florida, having Parcel ID numbers 00124540-000000,
00124550-000000 and 00124560-000000 (File 92018-147)
ITEM BACKGROUND: The requested development agreement involves the redevelopment of the
Wrecker's Cay property as Two Hundred Eighty (280) affordable dwelling units deed-restricted for
99 years as affordable dwelling units (70 are proposed to be low income; 70 are proposed to be
median income; and 140 are proposed to be moderate income). The site was formerly known as
Water's Edge Colony Trailer Park (Water's Edge") at 5700 Laurel Avenue, Tropic Palms Mobile
Home Park which was historically known as Rolf s Trailer Park ("Tropic Palms") at 6125 Second
Street, and Woodson's Trailer Park "Woodson" at 6325 First Street, Stock Island, Florida.
W_
Packet Pg. 2640
0.7
Subject Property with Land Use District Overlaid(Aerial dated 2018)
The proposed development agreement includes the redevelopment of properties collectively known
as "Wrecker's Cay,":
• involving 280 affordable dwelling units arranged throughout eight buildings, with a
pavilion,playground and pool,
• 396 full size off-street parking spaces and 72 scooter/motorcycle spaces;
• a maximum height for structures of 38 feet from grade, mechanical equipment and
architectural features utilized to hide mechanical equipment, including parapets, may be up
to 44 feet above grade, and
• such structures may contain three (3)habitable floors; and
• the transfer of 80 market rate TREs and 18 transient TREs off site; and
• reservation of 280 affordable housing allocations (70 for low income; 70 for median
income; 140 for moderate income.
The proposed development Agreement is consistent with proposed Policy 111.1.1, which was
transmitted to the State (DEO) for review in August 2019, and is scheduled for a public hearing for
BOCC adoption on January 22, 2020.
If approved, the proposed development agreement would:
• Provide a duration of 10 years to complete the project.
• A maximum of Two Hundred Eighty (280) deed-restricted affordable employee housing
dwelling units in the following income categories:
o One Hundred Forty (140) moderate income units
o Seventy (70) median income units; and
o Seventy (70)low income units.
• Allow a maximum height for structures of 38 feet from grade, mechanical equipment and
architectural features utilized to hide mechanical equipment, including parapets, may be
up to 44 feet above grade.
• Outline required County development permits including a major conditional use permit,
ROGO allocation awards, and building permits.
• Allow for a parking requirement of 1 parking space per 1-bedroom unit; 2 spaces per 2-
bedroom unit; and 3 spaces per 3-bedroom unit.
• Allow the transfer of 80 market rate TREs to site(s) within Stock Island regardless of
zoning category, and the transfer of 18 transient TREs and six hundred seventy-two (672)
square feet of Nonresidential Rate of Growth Ordinance ("NROGO") exempt floor area
to eligible receiver sites per Monroe County Code Section 138-22 and 138-50.
• Provide the reservation or dedication of land to Monroe County for a shoreside access
facility open to the public.
• Specify that preliminary traffic concurrency shows the proposed development to be
within 5% of the adopted LOS C, and that mitigation for impacts will be required prior to
commencement of construction.
The Planning Commission reviewed the proposed development agreement on December 18, 2019
conducting a public hearing to review and consider a request filed by Barton Smith, on behalf of
Wreckers Cay Apartments at Stock Island, LLC.
Packet Pg. 2598
0.7
The Planning Commission voted to approve with the following recommendations:
• No structures will be higher than 38 feet from grade, mechanical equipment and
architectural features utilized to hide mechanical equipment, including parapets, may be
up to 44 feet above grade, and such structures may contain three (3)habitable floors.
• The distribution of affordable allocations to be included in the development agreement in
the income limit distribution of 40 Moderate, 120 Median, and 120 Low. This is different
from what the applicant has requested.
The development agreement has several companion items submitted by the Applicant, which are
also scheduled for approval by the BOCC at the January 22, 2020 meeting:
1. A Comprehensive Plan text amendment to Policy 101.5.25 to allow for a density bonus
for site-specific policies, and creating Goal 111 and Objective 111.1 to incentivize
affordable housing on Stock Island, creating Policy 111.1.1 Stock Island Workforce
Subarea 1; establishing the boundary of the Stock Island Workforce Subarea 1; limiting
the permitted uses of the subarea to deed restricted affordable housing dwelling units;
establishing the maximum net density for affordable housing, height and off-street
parking requirements in the subarea; and eliminating allocated density and floor area ratio
for the properties;
2. A Land Use District (Zoning) map amendment for the Property from Urban Residential
Mobile Home (URM) to Urban Residential (UR) for a portion of the Property;
3. A text amendment to the Land Development Code Section 130-157 to allow for increased
max net density for properties with UR zoning districts, within Stock Island that apply for
and receive a site specific subarea policy as established in the Comprehensive Plan;
4. A right-of-way abandonment for a portion of Laurel Avenue;
5. A right-of-way abandonment for a portion of Maloney/I" Street; and
6. A ROGO reservation request for 280 affordable allocations.
The County cannot enter into the agreement until the proposed Comprehensive Plan, Land
Development Code, Map Amendment and ROW abandonments have become effective.
Once the development agreement is approved by the BOCC, the project will require a Major
Conditional Use Permit, which has not been submitted to Planning and Environmental Resources at
this time.
PREVIOUS RELEVANT BOCC ACTION:
At a regularly scheduled meeting of the BOCC on August 21, 2019, a public hearing was held
regarding transmittal of an ordinance amending Comprehensive Plan Policy 101.5.25, creating Goal
111, with objectives and policies. The BOCC approved transmittal of the proposed ordinance to the
State of Florida Department of Economic Opportunity (DEO). The proposed amendment is attached
as Exhibit A.
CONTRACT/AGREEMENT CHANGES:
Packet Pg. 2599
0.7
n/a
STAFF RECOMMENDATION: Staff recommends approval of the proposed Development
Agreement pending approval and effectiveness of the associated Comprehensive Plan Subarea
policy text amendment, LDC text amendment, LUD map amendment, Laurel Ave ROW
abandonment, and MacDonald/1st Street ROW abandonment.
DOCUMENTATION:
2018-147 BOCC Reso Draft
2018-147 SR BOCC
Exhibit A - corresponding Subarea Policy Ordinance_DRAFT_8.21.19 - TRANSMITTAL
Exhibit B - Wrecker's Cay Dev Agr vl l with staff edits - strikethrough underline REV 1-14-2020
Exhibit B - Wrecker's Cay Dev Agr vl l with staff edits - clean - REVISED 1-14-2020
Development Agreement Exhibits
Traffic_Study_Dec20l9 with_AECOM_comments
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: N/A
Additional Details:
REVIEWED BY:
Emily Schemper Completed 01/06/2020 2:52 PM
Steve Williams Completed 01/06/2020 3:54 PM
Maureen Proffitt Completed 01/06/2020 4:38 PM
Assistant County Administrator Christine Hurley Completed
01/07/2020 11:19 PM
Packet Pg. 2600
0.7
Budget and Finance Completed 01/08/2020 8:07 AM
Maria Slavik Completed 01/08/2020 8:49 AM
Kathy Peters Completed 01/08/2020 10:41 AM
Board of County Commissioners Pending 01/22/2020 9:00 AM
Packet Pg. 2601
0.7.a
MONROE COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
RESOLUTION NO. - 2020
A RESOLUTION BY THE IVIONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING A DEVELOPMENT
AGREEMENT BETWEEN MONROE COUNTY, FLORIDA
AND WRECKERS CA"Y APARTMENTS A.T STOCK ISLAND, �
LLC. THE REQUESTED AGREEMENT RELATES TO THE �
PROPOSED REDEVELOPMENT OF MOBILE HOME PARKS
UP TO TWO HUNDRED EIGHT (280) DEED-RESTRICTED
AFFORDABLE DWELLING UNITS, AT A DENSITY OF 40 �
UNITS PER BUILDABLE ACRE, NO STRUCTURES WILL BE 0.
HIGHER THAN 38 FEET FROM GRADE, MECHANICAL
EQUIPMENT AND ARCHITECTURAL FEATURES UTILIZED �
TO HIDE MECHANICAL EQUIPMENT, INCLUDING �
PARAPETS, MAY BE UP TO 44 FEET ABOVE GRADE, AND
SUCH STRUCTURES MAY CONTAIN THREE (3) 0
HABITABLE FLOORS. THE SUBJECT PROPERTY IS 0
DESCRIBED AS A THREE PARCELS OF LAND IN SECTION 2
35, TOWNSHIP 67, RANGE 25, STOCK :ISLAND, 1'vIONROE
COUNT, FLORIDA, HAVING PARCEL ID NUMBERS
00 124540-0000�, 00 124550-000000 AND 001.24560-000000. (FILE
2015-191)
WHEREAS, during a regularly scheduled public naeet.ing held. on. January 20, 2020 the �
Board of County Commissioners conducted a public hearing to review and consider a request
Barton Smith, on behalf of"Wreckers Cay Apartments at Stock Island, LLC, for a Development 00
Agreement in accordance with Chapter 11.0, Article V, Sections 110-1.32 and I 1.0-133 of the cv
Monroe County Land Development Code (LDC) and Florida Statutes Sections 1.63.3220 et. seq.,
the "Florida Local Government Development Agreement Act"; and �
WHEREAS, the subject property is located at 5700 Laurel Avenge, 6125 Second Street,
6325 First Street, Stock.Island, mile marker 5 (Atlantic Ocean side of US 1), and is described as a
three parcels of land in Section 35,Township 67,Range 2.5, Stock Island,Monroe County,Florida,
having Parcel ID Numbers 00 1 24540-0000, 00124550-000000 and 00124560-000000, and
WHEREAS, during a irregularly scheduled public meeting held on November 18, 2019 the
Development Review Committee (DRC) of Monroe County conducted a review and consideration
of a request filed by Barton. Smith, on behalf of Wreckers Cay Apartments at Stock Island, LLC,
for a Development Agreement in accordance with Chapter 110, Article V, Sections 1.1.0-132 and
1.1.0-133 of the Monroe County Land. Development Code (LDC) and Florida Statutes Sections.
163.3220 et. seq., the "Florida Local Government Development Agreement Act", and
Resolution -2020 Pau 1 cal`3
File 2018-147 Packet Pg. 2602
0.7.a
WHEREAS, during a regularly scheduled public meeting held on December 18, 2019 the
Planning Commission of Monroe County conducted a public hearing to review and consider a
request of a request filed by Barton Smith, on behalf of Wreckers Cay Apartments at Stock Island,
LLC, for a Development Agreement in accordance with Chapter 110,Article V, Sections 110-132
and 110-133 of the Monroe County Land Development Code (LDC) and Florida Statutes Sections
163.3220 et. seq., the "Florida Local Government Development Agreement Act"; and
WHEREAS, the development agreement relates to the redevelopment of the Wrecker's
Cay Property up to Two Hundred Eighty (280) deed-restricted affordable dwelling units at a
density of 40 units per buildable acre. No structures higher than 38 feet from grade, mechanical
with the exception of equipment and architectural features utilized to hide mechanical equipment,
including parapets, may be up to 44 feet above grade, and such structures may contain three (3)
habitable floors.; and
WHEREAS, based upon the information and documentation submitted, the Board of
County Commissioners makes the following Findings of Fact:
1. The subject property is located in the Urban Residential (UR) land use district;
2. The subject property has a Future Land Use Map (FLUM) designation of Residential 0.
High (RH);
3. The subject property has a tier designation of Tier III;
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4. In 2020, WRECKERS CAY APARTMENTS AT STOCK ISLAND, LLC amended a�
the Monroe County 2030 Comprehensive Plan amending Comprehensive Plan Policy
101.5.25 to allow for a density bonus for site-specific policies, creating Goal 111 and
Objective 111.1 to incentivize affordable housing on Stock Island, creating Policy
111.1.1 Stock Island Workforce Subarea 1; establishing the boundary of the Stock
Island Workforce Subarea 1; limiting the permitted uses of the subarea to deed
restricted affordable housing dwelling units; establishing the maximum net density for
affordable housing, height and off-street parking requirements in the subarea; and
eliminating allocated density and floor area ratio U
5. In 2020, WRECKERS CAY APARTMENTS AT STOCK ISLAND, LLC amended
the Land Use District Map from Urban Residential Mobile Home (URM) to Urban
Residential (UR); C14
6. Florida Statutes §163.3220 authorizes Monroe County to enter into development E
agreements with landowners and/or governmental agencies to encourage a stronger
commitment to comprehensive and capital facilities planning, ensure the provision of
adequate public facilities for development, encourage the efficient use of resources,
and reduce the economic cost of development.
WHEREAS, based upon the information and documentation submitted, the Board of
County Commissioners makes the following Conclusions of Law:
1. The request is consistent with the provisions and intent of the Monroe County Land
Development Code;
2. The request is consistent with the provisions and intent of the Monroe County 2030
Comprehensive Plan;
Resolution -2020
File#2018-147 Page 2 of 3 Packet Pg. 2603
3. The request is consistent with the Principles for Guiding Development in the Florida
Keys Area of Critical State Concern;
4. The Agreement, among other things, is intended to and shall constitute a development
,agreement among the Parties pursuant to the Florida Local Government Development
Agreement Act, Section 163.3223, et seq., Florida Statutes.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA that the preceding Findings of Fact
and Conclusions of Law support its decision to APPROVE the proposed Development Agreement
between Monroe County and Wreckers Cay Apartments at Stock Island, LLC.
E
PASSED AND ADOPTED Icy the Board of County Commissioners of Monroe County, Florida
at a regular meeting held on the day of 2020�
Mayor Heather Carruthers E
Mayor pro terry Michelle Coldiron 0.
.2
4)
Commi ssioner Craig Cates >
Commissioner Sylvia Murphy
Commissioner David Rice
By_
Mayor Heather Carruthers
0
(SEAL) U)
ATTEST: KEVIN MADOK, CLERK
0
DEPUTY CLERK MON #77009TV�AT 00
C14
AS
TV ATT00kNgy
ReSOWLion -2020
File#2018-147 Page 3 0l'3 I Packet Pg. 2604
0.7.b
18 23
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MEMORANDUM
MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
To: Monroe County Board of County Commissioners
Through: Emily Schemper, AICP, CFM, Senior Director of Planning & Environmental
Resources
From: Brad Stein, AICP, Planning and Development Review Manager
m
Date: January 3, 2020 E
m
Subject: Request for a Development Agreement between Monroe County, Florida and a
Wreckers Cay Apartments at Stock Island, LLC. The requested agreement relates
to the proposed redevelopment of mobile home parks to Two Hundred Eighty(280)
E
deed-restricted affordable dwelling units, at a density of 40 units per buildable c
acre. No structures will be higher than 38 feet from grade, mechanical equipment
and architectural features utilized to hide mechanical equipment, including o
parapets, may be up to 44 feet above grade, and such structures may contain three
(3) habitable floors. The subject property is described as three parcels of land in v
Section 35, Township 67, Range 25, Stock Island, Monroe County, Florida, having
Parcel ID numbers 00124540-000000, 00124550-000000 and 00124560-000000
(File 92018-147) ;
Meeting: January 22. 2020 r
2 I REQUEST: .2
3 The requested development agreement involves the redevelopment of the Wrecker's Cay
4 Property as Two Hundred Eighty(280) deed-restricted affordable dwelling units. The site was
5 formerly known as Water's Edge Colony Trailer Park(Water's Edge") at 5700 Laurel Avenue,
6 Tropic Palms Mobile Home Park which was historically known as Rolf s Trailer Park("Tropic m
7 Palms") at 6125 Second Street, and Woodson's Trailer Park("Woodson") at 6325 First Street,
U)
8 Stock Island, Florida. I-
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9
10 Subject Property with Land Use District Overlaid (Aerial dated 2018)
BOCC Staff Report
File#2018-147 Wreckers Cay Development Agreement pa Packet Pg. 2648
0.7.b
I The conceptual site plan attached to the development agreement indicates the proposed
2 development would include 280 affordable housing units arranged throughout eight buildings,
3 with a pavilion, playground and pool, 396 full size off-street parking spaces and 72
4 scooter/motorcycle spaces.
5
6 II BACKGROUND INFORMATION:
7
8 Address: 5700 Laurel Avenue, 6125 Second Street, 6325 First Street, Stock Island, mile
9 marker 5 (Atlantic Ocean side of US 1)
10 Legal Description: The subject property is described as a three parcels of land in Section 35
11 Township 67, Range 25, Stock Island, Monroe County, Florida E
12 Parcel ID Numbers: 00124540-0000, 00124550-000000 and 00124560-000000 2s
13 Property Owner/Applicant: Wreckers Cay Apartments at Stock Island, LLC
14 Agent: Bart Smith
15 Size of Site: 7.76 acres of upland prior to road abandonments, 9.1 acres estimated after 0
16 proposed road abandonments.
17 Land Use District: Urban Residential (UR) and Urban Residential Mobile Home (URM)
18 Future Land Use Map (FLUM) Designation: Residential High (RH) �s
U)
19 Tier Designation: IH Infill Area 0
20 Existing Use: Mobile home park with mobile homes and recreational vehicles.
21 Existing Vegetation / Habitat: Predominately developed and scarified, with mangroves
22 fringe along water to the east
23 Community Character of Immediate Vicinity: The property is surrounded with a mix of
24 uses including a marina, commercial retail,recreational vehicle park, and residential dwellings
25 Flood Zone: AE 9 and AE 10
26
27 HI RELEVANT PRIOR COUNTY ACTIONS:
28
cas
29 At a regularly scheduled meeting of the BOCC on August 21, 2019, a public hearing was held
30 regarding transmittal of an ordinance amending Comprehensive Plan Policy 101.5.25 to allow
00
31 for a density bonus for site-specific policies, creating Goal 111 and Objective 111.1 to Q
32 incentivize affordable housing on Stock Island, creating Policy 111.1.1 Stock Island N
33 Workforce Subarea 1; establishing the boundary of the Stock Island Workforce Subarea 1;
34 limiting the permitted uses of the subarea to deed restricted affordable housing dwelling units;
35 establishing the maximum net density for affordable housing, height and off-street parking
36 requirements in the subarea; and eliminating allocated density and floor area ratio for
37 properties located at 6325 First Street, 6125 Second Street and 5700 Laurel Avenue on Stock
38 Island as proposed by Wreckers Cay Apartments at Stock Island, LLC. The BOCC approved
39 transmittal of the proposed ordinance to the State of Florida Department of Economic
40 Opportunity (DEO). The proposed amendment is attached as Exhibit A.
41
42 On December 18, 2019 the Planning Commission of Monroe County conducted a public
43 hearing to review and consider a request of a request filed by Barton Smith, on behalf of
44 Wreckers Cay Apartments at Stock Island, LLC.
BOCC Staff Report
File 4 2018-147 Wreckers Cay Development Agreement Pa Packet Pg. 2606
0.7.b
I The Planning Commission voted to approve with the recommendation of the following:
2
3 • No structures will be higher than 38 feet from grade, mechanical equipment
4 and architectural features utilized to hide mechanical equipment, including
5 parapets,may be up to 44 feet above grade, and such structures may contain
6 three (3)habitable floors.
7 • The affordable allocations to be included in the Development Agreement in
8 the income distribution of 40 Moderate, 120 Median, and 120 Low
9
10 IV REVIEW OF APPLICATION:
11 E
12 The review of development agreements is set forth in Chapter 110, Article V, Sections 110- 2
13 132 and 110-133 of the Monroe County Land Development Code (LDC). The BOCC has
14 authority to enter into a development agreement by resolution with any person having a legal
15 or equitable interest in real property located within the unincorporated areas of the county if, EE
16 the development agreement meets all of the requirements of the Florida Local Government 2
17 Development Agreement Act, F.S. §§ 163.3220163.3243; provided, however, that the
18 duration of the development agreement shall not exceed ten (10) years, and any duration
19 specified in a development agreement shall supersede any conflicting duration otherwise
20 specified in the Land Development Code. U)
21
22 Pursuant to LDC Section 110-133(b)(1), Requirements of a development agreement, a
23 development agreement shall include the following:
24
25 a) A legal description of the land subject to the agreement, and the names of its legal and
26 equitable owners:
27
28 In the agreement, a full legal description is provided in Exhibit 2, 6, 10 and 14. Ownership
29 is described on page 1. In addition, warranty deeds and quitclaim deed were supplied
0
30 showing ownership by Wreckers Cay Apartments at Stock Island, LLC of the property.
31
32 b) The duration of the agreement:
33 00
34 The duration is described in the agreement is in Section III. Agreement Requirements, C.
35 Duration of Agreement. The proposed duration is to remain in effect for ten (10) years
36 from the "Effective Date" as defined herein, and may be extended by mutual consent of E
37 the Parties and approval at a public hearing.
38
39 c) The development uses permitted on the land, including population densities, and building
40 intensities and height:
41
42 The development uses permitted are described in the agreement in Section III. D.Permitted
43 Uses.
44
45 The conceptual plan as proposed would not be consistent with the current Comprehensive
46 Plan. The Applicant has submitted a corresponding amendment to the Comprehensive Plan,
BOCC Staff Report
File 4 2018-147 Wreckers Cay Development Agreement Pa Packet Pg. 2607
0.7.b
I creating Goal 111, Objective 111.1 and Policy 111.1.1 Stock Island Workforce Subarea 1;
2 as well as amending the density standards in Policy 101.5.25. Exhibit A to this staff report
3 includes the proposed text amendments as transmitted to DEO.
4
5 The amendment and development agreement request a density currently higher than that
6 permitted in the County's Comprehensive Plan Policy 101.5.25 (current maximum net
7 density standard is 25 dwelling units per buildable acre). The proposed text amendment to
8 the Comprehensive Plan would allow a density increase above the max net density for a
9 property within a site-specific policy subarea under Goal 111. This particular request is for
10 40 dwelling units per buildable acre for affordable housing.
11 E
12 The proposal also requests allowing three (3) habitable floors within the height envelope 2
13 to 38 feet. This is inconsistent with the current regulations regarding height, but consistent
14 with the proposed Comprehensive Plan amendment. The proposed Development
15 Agreement is also requesting that buildings on the site be given an allowance of locating E
16 the mechanical equipment on the roof up to 44 feet with architectural features utilized to 0
17 hide mechanical equipment,including parapets,may be up to 44 feet above grade, and such
18 structures may contain three (3)habitable floors. This additional height above 38 feet was
19 NOT included in the corresponding text amendment as transmitted to DEO.
20 U)
21 No building intensities or maximum floor area is proposed in the draft development
22 agreement.
23
24 d) A description of public facilities that will service the development, including who shall
25 provide such facilities; the date any new facilities, if needed, will be constructed; and a
26 schedule to assure public facilities are available concurrent with the impacts of the
27 development:
28
29 A description of public facilities is stated in Section III. E. Public Facilities.
30 00
31 1. The Florida Keys Aqueduct Authority provides domestic potable water to the
32 Wrecker's Cay Property. Excluding existing development that may already be metered,
33 the Florida Keys Aqueduct Authority will individually meter each new affordable
00
Ir-
34 residential dwelling unit. In addition, the Florida Keys Aqueduct Authority will meter
35 accessory development accordingly.
36 a
37 2. Keys Energy Services provides electric service to the Wrecker's Cay Property. Keys
38 Energy Services will individually meter each new affordable residential dwelling unit.
39 In addition, Keys Energy Services will meter accessory development accordingly.
40
41 3. Solid waste service is provided to the Wrecker's Cay Property by a solid waste
42 collection system franchised by Monroe County.
43
44 4. The Wrecker's Cay Property is connected to central sewer via KW Resort Utilities
45 Corp.'s system
46
BOCC Staff Report
File 4 2018-147 Wreckers Cay Development Agreement Pa Packet Pg. 2608
0.7.b
I e) A description of any reservation or dedication of land for public purposes:
2
3 There is a reservation or dedication of land for public purpose. This is stated in in Section
4 III. F. Reservation or Dedication of Land.
5
6 This reservation is to allow for the use of a shoreside access facility for a proposed mooring
7 field adjacent to the subject property.
8
9 f) A description of all local development permits approved or needed to be approved for the
10 development of the land:
11 E
12 A description of all local development permits approved or needed to be approved for the 2
13 development of the land is stated in Section III. G. J.& K. of the development agreement.
14 This addresses the transfer of the existing eighty (80) market-rate ROGO exemptions and
15 eighteen (18) transient ROGO exemptions. E
16 2
17 Section III.K. Requires the developer to provide a complete submittal for approval of
18 a conditional use permit, as required by the LDC, and is determined to be in
19 compliance.
20 U)
21 "K. Site Plan Approval: The conceptual site plan is attached as Exhibit 17.
22 The development shall be consistent with all applicable codes,including but
23 not limited to the Monroe County Comprehensive Plan and Monroe County
24 Land Development Code. Following a review of compliance with such
25 codes, the final site plan must be approved by the Monroe County Planning
26 Commission as a major conditional use permit. The Planning Commission
27 has final authority over the site plan and the site plan may be amended by
28 the Planning Commission."
29
30 g) A finding that the development permitted or proposed is consistent with the local oho
31 government's comprehensive plan and land development regulations:
32
33 A finding of consistency is stated in Section III.L. Finding of Consistency. It has not been
00
34 determined that the County's comprehensive plan and land development regulations are
35 consistent with the development agreement until all approvals of the corresponding text
36 amendments and map amendments have been completed. As noted throughout this
37 memorandum, the proposed development is currently not consistent with the 2030
38 Comprehensive Plan and Land Development Code, but may be, pending adoption
39 and effectiveness of the proposed associated text and map amendments.
40
41 h) A description of any conditions,terms,restrictions, or other requirements determined to be
42 necessary by the local government for the public health, safety, or welfare of its citizens:
43
44 A description of any conditions, terms, restrictions or other requirements is not provided
45 in a single section. Such conditions,terms,restrictions and other requirements are provided
46 throughout the agreement.
BOCC Staff Report
File 4 2018-147 Wreckers Cay Development Agreement Pa Packet Pg. 2609
0.7.b
1
2 i) A statement indicating that the failure of the agreement to address a particular permit,
3 condition, term, or restriction shall not relieve the developer of the necessity of complying
4 with the law governing said permitting requirements, conditions, term, or restriction:
5
6 Breach, amendment, enforcement and termination of the development provisions are
7 provided in Section III. Agreement Requirements, M. Breach, Amendment, Enforcement,
8 and Termination.
9
10
11 V OTHER ISSUES: E
12 E
13 The County cannot enter into the agreement until all proposed Comprehensive Plan, Land
14 Development Code, and Map Amendments have become effective. This includes proposed
15 Land Use District (LUD) amendment from Urban Residential Mobile Home(URM) to Urban E
16 Residential (UR); the proposed amendment to LDC Section 130-157 regarding density; the 0
17 proposed amendment to Comprehensive Plan Policy 101.5.25 regarding density and the
18 addition of Comprehensive Plan Goal 111 and corresponding objectives and subarea policy.
19
20 Staff has also created tracked changes of the proposed development agreement related to minor U)
21 typos and drafting errors (Exhibit B).
22
23
24 VI RECOMMENDATION:
25
26 Staff recommends approval of the proposed Development Agreement and pending approval and
27 effectiveness of the associated Comprehensive Plan subarea policy text amendment, LDC
28 amendment, and LUD map amendment.
29
30 VIIEXHIBITS: oho
31
cas
32 ■ Exhibit A—2030 Comprehensive Plan Draft Ordinance Goal 111 —as transmitted to DEO.
33 ■ Exhibit B —DRAFT Development Agreement with staff edits tracked 00
N
BOCC Staff Report
File 4 2018-147 Wreckers Cay Development Agreement Pa Packet Pg. 2610
0.7.c
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6 C.
7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. -2020
10
11
12 AN ORDINANCE BY THE MONROE COUNTY' BOARD OF COUNTY
13 COMMISSIONERS AMENDING THE ' MONROE COUNTY
14 COMPREHENSIVE PLAN POLICY 101.5.25" TO PROVIDE A DENSITY
15 BONUS ABOVE THE MAXIMUM NET '"DENSITY FOR AFFORDABLE
16 HOUSING FOR A PROPERTY SUBJECT TO A SITE-SPECIFIC SUBAREA
17 POLICY ESTABLISHED UNDER PROPOSED GOAL 1I1 OF THE co
co
18 COMPREHENSIVE PLAN; ESTABLISHING GOAL 111 AND OBJECTIVE
19 111.1 TO INCENTIVIZE AFFORDABLE HOUSING DENSITY BONUSES
20 THAT EXCEED THE 'ESTABLISHED ' MAXIMUM NET DENSITY
21 PROVIDED IN POLICY 101.5.25;,AND CREATING POLICY 111.1.1 STOCK 7
22 ISLAND WORKFORCE SUBAREA I-ESTABLISHING THE BOUNDARY OF
00
23 THE STOCK ISLAND WORKFORCE,, SUBAREA I; LIMITING THE ��
24 PERMITTED USES OF THE SUBAREA TO DEED RESTRICTED U_
25 AFFORDABLE HOUSING DWELLING UNITS; ESTABLISHING MAXIMUM
26 NET DENSITY FOR AFFORDABLE HOUSING, HEIGHT AND OFF-STREET �
27 PARKING REQUIREMENTS IN THE SUBAREA; AND ELIMINATING �
28 ALLOCATED DENSITY AND FLOOR AREA RATIO; FOR PROPERTIES
29 LOCATED AT 5700 LAUREL AVENUE, 6325 FIRST STREET AND 6125 0i
30 SECOND STREET, STOCK ISLAND;AS PROPOSED BY SMITH/HAWKS,PL >
31 OIL BEHALF OF WRECKERS CAY APARTMENTS AT STOCK ISLAND, .2
32 LLC; PROVIDING FOR SEVERABIL,ITY; PROVIDING FOR REPEAL OF
33 CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE 2
34 STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;
35 PROVIDING FOR INCLUSION IN THE MONROE COUNTY co
36 COMPREHENSIVE FLAN; PROVIDING FOR AN EFFECTIVE DATE. (File
37 42018-120)
38
39 '
40
41
42 WHEREAS, on June 20, 2018, the Planning and Environmental Resources Department
43 received an application from Barton W. Smith of Smith Hawks PL on behalf of Wreckers Cay
44 Apartments at Stock Island, LLC (the "Applicant,") to amend the Monroe County a W
45 Comprehensive Plan text amendment to create a goal and objective to incentivize affordable a
46 housing within Stock Island, and to create a subarea policy that would provide additional E
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I development restrictions for properties located at 6325 First Street, 6125 Second Street and 5700
2 Laurel Avenue on Stock Island (the"Property"), including a limitation that the only permitted use
3 on the property would be affordable housing and accessory uses; and
4
5 WHEREAS, the Applicant has also requested a corresponding Land Development Code
6 text amendment to allow for increased density for site specific subarea policies established under a
7 the proposed Goal; and
8
9 WHEREAS,the Applicant has also requested a corresponding Land Use District(Zoning)
10 map amendment for the Property from Urban Residential Mobile Home (URM) to Urban to
11 Residential (UR), and
12
13 WHEREAS, the Monroe County Development Review Committee (DRC) reviewed and 2
14 considered the proposed amendment at a regularly scheduled meeting held on the 25th day of June,
15 2019; and
16
17 WHEREAS, the Monroe County Planning Commission held a puklic hearing on the July
18 31, 2019, for review and recommendation of approval with changes as discussed during the z
19 hearing on the proposed Comprehensive Plan text amendment;°and
e
20
21 WHEREAS, based upon the information and documentation submitted, the Planning N
22 Commission made the following Findings of Factand Conclusions of Law:
23
24 1. The proposed'amendment is consistent with the Goals, Objectives and Policies of the
i
25 Monroe County Year 200 Comprehensive Plan; and
26 2. The proposed amendment is consistent with the Principles for Guiding Development
27 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and E
28 3. The proposed amendment is consistent with Part II of Chapter 163,Florida Statute; and of
29
0
30 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P29-19
31 recommending approval of the proposed amendment with the following changes: 2
32
33 1. Amend the proposed Policy 111.1.1 to allow a shoreside support facility associated with a
34 mooring field as an accessory use within the RH FLUM and UR Zoning District;
35 2. Amend the proposed Policy 111.1.1 to state: 0
36 a. The Eighty (80) market rate dwelling units may be transferred within Stock Island
37 upon approval of a minor conditional use following the approval of a 0
38 development agreement associated with the Wreckers Cay project. Additionally,
39 the transferred market rate units shall not be used as transient units.
40 b. The Thirty-Two (32) density rights that exceed the allocated density for the X
41 property of Forty-Eight 48 ma be transferred in Stock Island upon approval of W
p p y ( ) y p pp
42 a minor conditional use, if deemed to be legally acceptable.
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1 3. Amend the proposed Policy 111.1.1 to rental units only.
2 as
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3 WHEREAS, at a regular meeting held on the 21 t day of August 2019, the Monroe CountyCD
4 Board of County Commissioners held a public hearing to consider the transmittal of the proposed
as
5 text amendment, considered the staff report and provided for public comment and public E
6 participation in accordance with the requirements of state law and the procedures adopted for 2
as
7 public participation in the planning process; and
8
9 WHEREAS, at the August 21, 2019, public hearing, the BOCC adopted Resolution U
10 -2019, transmitting the proposed text amendment to the State Land Planning Agency;
11 and 2
12
13 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
14 Objections, Recommendations and Comments"(CRC)report on
15 received by the County on ; and z
16 9
17 WHEREAS, the ORC report -; and
18
19 WHEREAS, the County has 11 days from the date of receipt of the ORC to adopt the
20 proposed amendment, adopt the amendment with changes or not adopt the amendment; and Go
21 U_
22 WHEREAS,at a regularly scheduled meeting,on the", th day of ,20 ,the BOCC
23 held a public hearing to consider adoption of the proposed Comprehensive Plan text amendment;
24
25 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY E
26 COMMISSIONERS°OF MONROE COUNTY,FLORIDA:
27 "
0
28 Section 1.� The text of the Monroe County Comprehensive Plan is hereby amended as follows
29 (Deletions are shown stt:i e tl„:ett mot,; additions are shown underlined): 2
30
31 Policy 101.5.25
32 Monroe County hereby adopts the following density and intensity standards for the future
33 land use categories, which are shown on the FLUM and described in Policies 101.5.1 0
34 101.5.20. [F.S. § 163.3177(6)(a)l.] U)
0
Future Land Use Densities and Intensities
e
Residential Nonresidential Minimum _2Future Land Use Open
Category and Space Ratio X
Corresponding Allocated Maximum Net Maximum (�) W
Zoning Density(a) Density(a>(e> Intensity r_
(per upland acre) (per buildable acre) E
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(floor area E
ratio)
CL
0
as
Residential High(RH) 6 du(UR) 12-25 du(UR) >
(IS-D G),URM,URM- Idu/lot(URM, N/A(IS-D,URM,
L and UR zoning) URM-L) URM-L) 0 0.20
2 du/lot(IS-D) to
0-20 rooms/spaces qy
0-10 rooms/spaces �s
as
Notes: ^�
(a) The allocated densities for submerged lands,salt ponds,,freshwater ponds,and mangroves shall be 0 and the
maximum net density bonuses shall not be available.
(b) The Maximum Net Density is the maximum density allowable with the use of TDRs,or for qualifying affordable
housing development.TDRs can be utilized to attain the density between the allocated density standard up to the I®
maximum net density standard.Deed restricted affordable dwelling units may be built up to the maximum net density
without the use of TDRs. "N/A"means that maximum net density bonuses shall not be available.Buildable acres means
the portion of a parcel of land that is developable'andis not required open space.
04
(c) Additional open space requirements may apply based on'environmental protection criteria;in these cases,the most
restrictive requirement shall apply.
(d) Future land use categories of AgricUlture/Aquaculture,Education,Institutional,Preservation,Public (I
Buildings/Lands,and Public Facilities,which have no directly corresponding zoning,may be used with new or existing �
zoning districts as appropriate.
(e) Within the Mainland Native fixture land use district,campground spaces and nonresidential buildings shall only be
permitted for educational,research or sanitary purposes.'
0
(f) For properties consisting of hammocks,pinelands or disturbed wetlands within the Mixed Use/Commercial and CL
Mixed Use/Commercial Fishing future land use'Categories,the maximum floor area ratio shall be 0.10 and the
maximum net density bonuses shall not be available.
(g) A mixture of uses shall be maintained for parcels designated as MI zoning district that are within the MC future
land use category.Working,waterfront and water dependent uses,such as marina,fish house/market,boat repair,boat
building,boat storage,or other similar uses,shall comprise a minimum of 35%of the upland area of the property,
adjacent to the shoreline,pursuant to Policy 101.5.6. 0.
U)
(D
L-
(h) In the RV zoning district,commercial apartments shall be allowed,not to exceed 10%of total spaces allowed or in L-
existence on the site,whichever is less. U
e
(i) The allocated density for the CFSD-20 zoning district(Little Torch Key)shall be 1 dwelling unit per acre,or 1
dwelling unit per parcel for those parcels existing as of September 15, 1986,whichever is less,and the maximum net
density bonuses shall not be available.Residential density shall be allowed in addition to the permitted nonresidential X
W
uses and intensity(i.e.,density and intensity shall not be counted cumulatively).
(D
E
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(j) Within IS subdivisions with primarily single family residential units,IS-D zoning may be used with a RM future E
land use designation for platted lots which have a duplex that was lawfully established prior to September 15, 1986. qs
E
(k) The maximum net density shall be 25 du/buildable acre for the UR zoning district and shall be 18 du/buildable acre
for the MU and SC zoning district for development where all units are deed restricted affordable dwelling units.For the
UR zoning district market rate housing may be developed as part of an affordable or employee housing project with a E
maximum net density not exceeding 18 du/buildable acre. 0
(D
(1) Vessels,including live-aboard vessels,or associated wet slips are not considered dwelling units and do not count
when calculating density.
(in) Within the Residential Low future land use category,the maximum net density for platted lots of less than 0.40 L_
gross acres within the SR zoning district shall be 1 dwelling unit per platted°lot,provided all of the following conditions -119
are met: U
qs
(n)Density increase above the max net density provided may permitted for a property within a site-
specific policy subarea under Goal 111. <
1) The parcel must be one full platted lot shown on a plat approved by the County and duly recorded prior to January
2, 1996; Z
2) The platted lot may not be identified for any other use or purpose on the plat(e.g.,"park,""common area,"etc.);
�a
3) The platted lot must have a Tier designation of Fier 111;, 04
04
I
4) Notwithstanding Policy 101.13.2,the maximum net density may only be reached with the transfer of one(1)full
TDR to the SR lot,regardless ofthesize of the lot and the allbeated,density assigned to it;
I
5) The TDR must meet all requirements,and procedures specified in Policy 101.13.3 and Section 130-160 of the Land
Development Code;
6) TDRs udder this provision may not be transferred into noise zones of 65 DNL or greater;and
I
7). The subject parcel must comply with Policy 301.2.5 regarding legal access.
0
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2
3 Goal 111
co
4 Monroe County shall manage future growth to enhance the duality of life and safety of County
5 residents, and Prioritize the provision of affordable housing that is safe, code compliant, and
6 resilient. To incentivize the suply of affordable housing near employment centers,the County C
7 shall provide for the development of site-specific land use mechanisms, limited to density (D
0
8 increases up to a maximum of 40 affordable dwelling units per buildable acre, transfer of
e
9 ROGO exemptions within the Lower Keys, modification to height, and alternate off-street
10 parking requirements, to augment the development potential to address the inadequate
11 availability of affordable housing in the Lower Keys. This Goal shall only be available to W
12 properties within the Residential High (RH)Future Land Use Map (FLUM) category on Stock r_
as
13 Island, as established through a site specific subarea polio E
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1
E
2 Obiective 111.1 as
2s
3 Monroe County shall create site-specific subareas located in Stock Island which Provide
4 density increases U to a maximum of 40 affordable dwelling units per buildable acre for C
as
5 developing affordable housing in suitable areas located in close proximity to an employment E
6 center(Key West). Such site specific subareas may facilitate the transfer-of ROGO-exemptions 2
as
7 (TREs), may vary off-street parking requirements, and may allow for up to three (3) stories
8 within the building _height envelope. All site-specific area located on Stock Island shall require
envelope. All site-specific area located on Stock Island shall require
9 a Policy defining the development restrictions and allowances for the site. to
U)
10 as
11 Policy 111.1.1 Stock Island Workforce SubaArea 1 2
12
13 Development of affordable housing in the Stock Island Workforce Subarea 1 shall be subject
14 to regulations applicable to the Residential High (RH) Future Land,Use Designation except as
15 provided below:
_ z
16
17 1. Notwithstanding the density standards set forth in Policy 101.5.25, theMaximum Net
w
18 Density of the Stock Island Workforce,Subarea 1 shall be 40 dwelling units per buildable
per buildable
19 acre for property within the VR zoning, district and shall not require transferable 06
20 development rights. U_
21 2. There shall be no allocated or maximum net density standard available for market rate
22 dwelling units or transient units. Di
23 3. The maximum floor area ratio�(FAR)for all nonresidential uses within the subarea shall be C
24 zero. A shoxeside support facility associated with a mooring field may be permitted as an C
25 ac cssgry use associated with the Wreckers Cav project within the RH FLUM and UR E
0
26 Zoning District. i
27 4. The Eighty (80) market rate,dwelling units may be transferred within Stock Island upon
28 app oval of a minor conditional use following_ the he approval of a development agreement
29 associated with the Wreckers Cav project. No certificates of occupancy shall be issued on
30 the eighty (80) market rate dwelling units until the 279 affordable dwelling units receive
31 certificates of occupancy. The eighty (80) market rate dwelling units transferred off-site
32 cannot pull permits until the 279 affordable dwelling units are issued building permits and
33 complete footer inspections.
34 4. Buildings that are elevated-to three (3) feet above base flood may be developed with three 0
35 (3)habitable floors.
36 5. Parking requirements may be varied in the Development Agreement as aproved by the 0
37 Board of County Commissioners.
38 6. Nonresidential uses shall be prohibited. Accessory uses to the residential development,
39 such as a club house or recreational facilities, are permitted. A shoreside suport facility x
40 associated with a mooring field may be permitted as an accessory use associated with the
41 Wreckers Cay_project within the RH FLUM and UR Zoning District.
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1 7. All new residential units developed within the Stock Island Workforce Subarea 1 shall be
2 subject to the ROGO permit allocation system.
2
3 8. The protest procedures set forth within Sec. 102-158(d)(8) are applicable to applications
4 submitted under this Policy 111.1.1.
as
5 9. A development agreement shall be required for any proposeddevelopment of an affordable E
6 housing project within the Stock Island Workforce Subarea 1 to define the income category 2
as
7 distribution for the proposed development.
8 10. All new affordable units developed within the Stock Island Workforce Subarea 1 shall
9 require occupants to derive at least seventy percent(70%n) of their household income from U
10 gainful employment in Monroe County_
11 11. The boundary for the Stock Island Workforce Subarea 1 is legally described as: <provide 2
12 full legal description of the subarea>
13
14 <insrt map>
15
16 12. The affordable units shall be rental units gn
17
18
19
20 Section 2. Severability. If any section; ,subsection, sentence, clause, item, change, or
Go
21 provision of this ordinance is held invalid,the remainder of this ordinance shall not U-�
22 be affected,by such validity.
23
24 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
25 conflict with this ordinance are hereby repealed to the extent of said conflict.
26 E
27 Section 4., Transmittal. This ordinance shall be transmitted by the Director of Planning to the 1
28 State Land,Planning Agency pursuant to Chapter 163 and 380, Florida Statutes.
29
30 Section 5. Filin2 and Effective Date.`This ordinance shall be filed in the Office of the
31 Secretary of the State of Florida but shall not become effective until a notice is
32 issued by the State Land Planning Agency or Administration Commission finding U)
33 the amendment in, compliance with Chapter 163, Florida Statutes and after any
34 applicable challenges have been resolved. 0
35 U)
36 Section 6. Inclusion in the Comprehensive Plan. The text amendment shall be incorporated
37 in the Monroe County Comprehensive Plan. The numbering of the foregoing 0
38 amendment may be renumbered to conform to the numbering in the Monroe County
39 Comprehensive Plan. °g
40 w
41
as
42 E
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I PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
2 at a regular meeting held on the day of
3
4 Mayor Sylvia Murphy, District 5
5 Mayor Pro Tem Danny L. Kolhage, District 1
6 Commissioner Michelle Coldiron, District 2 a
7 Commissioner Heather Carruthers, District 3
8 Commissioner David Rice, District 4
9
10 BOARD OF COUNTY COMMISSIONERS
11 OF MONROE COUNTY, FLORIDA
12
as
13 BY 2
14 Mayor Sylvia Murphy
15 (SEAL)
16
17 ATTEST: KEVIN MADOK, CLERK co
18 z
19
20 DEPUTY CLERK
7
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2
3 DEVELOPMENT AGREEMENT
4
5 THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into on the day
6 of 2020, by and between Monroe County, Florida, a Political
7 Subdivision of the State of Florida ("Monroe County"), Wrecker's Cay Apartments at Stock
8 Island,LLC, a Florida limited liability company ("Wrecker's Cay") (jnLlividually,,t Party." and
............
9 collectively, the "Parties"), pursuant to Monroe County Comprehensive Plan Policy I 11.1.1 and
10 Sections 110-132 and 110-133 of the Monroe County, Florida, Code of Ordinances ("Monroe
11 County Code"),and the Florida Local Government Development Agreement Act, Florida Statutes
12 Sections 163.3220-163.3243 (2018), and is binding on the"Effective Date" set forth herein:
13 >
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14 ITN SST
15
16 The Parties hereby agree as follows:
17
18 1. RECITALS
19
0
20 A. This Agreement involves the redevelopment of property located at 5700 Laurel Avenue,Stock
21 Island, Florida, historically known as Water's Edge Colony Trailer Park ("Water's Edge");
22 6125 Second Street, Stock Island, Florida, currently known as Tropic Palms Mobile Home
23 Park and historically known as Rolf s Trailer Park ("Tropic Palms"), and 6325 First Street, U)
24 Stock Island, Florida, historically known as Woodson's Trailer Park ("Woodson"). Water's U)
25 Edge,Tropic Palms,and Woodson are collectively referred to as the"Wrecker's Cay Property"
26 herein.
27 U)
28 B. This Agreement involves the redevelopment of Wrecker's Cay Property as Two Hundred
29 Eighty(280)deed-restricted affordable dwelling units. The eighty(80)market rate permanent
30 Transferrable Residential Rate of Growth Ordinance Exemptions("TREs")associated with the >
31 Wrecker's Cay Property, as well as the eighteen (18) transient TREs associated with the
32 Wrecker's Cay Property and six hundred seventy-two(672)square feet of Nonresidential Rate
33 of Growth Ordinance ("NROGO") exempt floor area associated with the Wrecker's Cay
34 Property shall be available for transfer to an eligible receiver site(s) as specified in this
35 Agreement and per the Land Development Code and Comprehensive Plan.
36
37 C. All Parties have the authority to enter into this Agreement through Florida Statutes Chapter
38 163 and the sole and undivided ownership of ke the Wrec r' 2
39
40 D. Section 163.3220, Florida Statutes, authorizes Monroe County to enter into development
41 agreements with landowners and/or governmental agencies to encourage a stronger :2
42 commitment to comprehensive and capital facilities planning,ensure the provision of adequate X
43 public facilities for development, encourage the efficient use of resources, and reduce the W
44 economic cost of development.
E
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I E. This Agreement, among other things, is intended to and shall constitute a development U)
2 agreement among the Parties pursuant to the Florida Local Government Development
3 Agreement Act, Section 163.3223, et seq., Florida Statutes (the"Act").
4
5 F. The Parties recognize that the public noticing and hearing procedures shall follow the
6 requirements of Section 163.3225, Florida Statutes, which requires the local government to
7 conduct two public hearings, one of which may be before the Planning Commission.
8 >
9 G. Monroe County finds that entering into this Agreement furthers the purposes,goals,objectives
10 and policies of the Monroe County Comprehensive Plan which contains goals and objectives cv
11 that seek to encourage the provision of affordable housing through incentive programs and C1,4
12 regulations (including but not limited to Goal 601, Objective 601.1, Objective 601.2 and
13 Objective 601.6).
14 W
15 H. Tropic Palms, 6125 Second Street, Stock Island, Florida is generally described as follows:
16
17 1. Wrecker's Cay owns that certain real property located at 6125 Second Street, Stock Island,
18 Florida ("Tropic Palms"). A copy of the Deed evidencing Wrecker's Cay's ownership is
19 attached hereto and incorporated herein as Exhibit 1. Historically and currently Tropic
20 Palms was and is being used as a Mobile Home/RV Park. 0
21
22 2. Tropic Palms is legally described as set forth in Exhibit 2,attached hereto and incorporated
23 herewith. U)
24
25 3. As of the date of this Agreement,Tropic Palms is assessed by the Monroe County Property
26 Appraiser as real estate number 00124560-000000.
27
U)
28 4. Tropic Palms currently has an Urban Residential Mobile Home ("URM.") Land Use
29 (Zoning) District designation and a corresponding Residential High ("RH") Future Land
30 Use Map designation. A.copy of the Land Use District Map and Future Land Use Map for
31 Tropic Palms is attached hereto and incorporated herein as Exhibit 3. >I
32
33 5. Tropic Palms currently has a Tier Overlay District designation of Tier III. >
34
35 6. Tropic Palms consists of 1.89 acres, including 1.89 acres of upland and 0.00 acres of
36 submerged land. ,U)
37
38 7. On February 21, 2008, the Acting Monroe County Senior Director of Planning and 0
39 Environmental Resources issued a Letter of Development Rights Determination
40 providing that Tropic Palms is entitled to twenty-five (25) market rate permanent
41 residential dwelling units. A copy of the LDRD is attached hereto and incorporated herein
X
W
'The February 21,2008 LDRD recognized twenty-five market rate residential units as lawfully established as a result
of Administrative Interpretation No. 01-115, which provided that certain RV units were considered permanent
residential units. Administrative Interpretation No. 01-115 has since been rescinded by Administrative Directive E
2012-01,and the ten(10)RVs previously recognized as permanent residential units are now recognized as transient
residential units.
00180864-v1 00122598-v11 Page 2 of 20
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1 as Exhibit 4. Tropic Palms is lawfully recognized with fifteen (15) permanent residential U)
2 units in the form of mobile homes, and ten (10) transient residential units in the form of
3 RVs. All twenty-five (25) units existing on Tropic Palms were developed prior to the
4 implementation of ROGO, and are deemed to be ROGO exempt.
5
6 8. Contemporaneously with the approval of this Agreement, Tropic Palms' Land Use
7 (Zoning)District has been approved for amendment by Monroe County from URM to UR. .2
8 >
9 I. Water's Edge, 5700 Laurel Avenue, Stock Island, Florida is generally described as follows:
10
11 1. Wrecker's Cay owns that certain real property located at 5700 Laurel Avenue,Stock Island, C1,4
12 Florida("Water's Edge"). A copy of the Deed evidencing Wrecker's Cay's ownership is
13 attached hereto and incorporated herein as Exhibit 5. Historically and currently Water's
14 Edge was and is used as a m- "LeMobile lii*-flel lome/RV tx+Fkj-.1.gfk,. W
............
15
16 2. Water's Edge is legally described as set forth in Exhibit 6,attached hereto and incorporated
17 herein.
18
19 3. As of the date of this Agreement,Water's Edge is assessed by the Monroe County Property
20 Appraiser as real estate number 00124540-000000. 0
21
22 4. Water's Edge currently has an Urban Residential ("UW') Land Use (Zoning) District
23 designation and a Residential High ("RH")Future Land Use Map designation. A copy of U)
24 the Land Use District Map and Future Land Use Map for Water's Edge is attached hereto U)
25 and incorporated herein as Exhibit 7.
26
27 5. Water's Edge currently has a Tier Overlay District designation of Tier 111.
U)
28
29 6. Water's Edge consists of 6.65 acres, consisting of 3.18 upland acres and 3.47 submerged
30 acres.
31 >I
32 7. On September 12, 2016, the Monroe County Senior Director of Planning and
33 Environmental Resources issued a .. >
.............................34 providing that Water's Edge is entitled to fifty-three (53) market rate residential Rate of
35 Growth Ordinance (ROGO) exemptions; eight (8) transient OGO exemptions, and six
36 hundred seventy-two (672)square feet of NROGO exempt nonresidential floor area. The ,U)
37 letter is attached hereto and incorporated herein as Exhibit 8. 0
38
39 J. Woodson, 6325 First Street, Stock Island,Florida is generally described as follows:
40
41 1. Wrecker's Cay owns that certain real property located at 6325 First Street, Stock Island,
:2
42 Florida ("Woodson"). A copy of the Deeds evidencing Wrecker's Cay's ownership is
X
43 attached hereto and incorporated herein as Composite Exhibit 9. Historically and currently W
44 the Woodson was and is used as a m, oW-e-Mobile home-f lome,pm-4�Park.
45
E
46
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1 Packet Pg. 2621
1 2. Woodson is legally described as set forth in Composite Exhibit 10, attached hereto and U)
2 incorporated herein.
3
4 3. As of the date of this Agreement, Woodson is assessed by the Monroe County Property 3:
5 Appraiser as real estate numbers 00124550-000000 and 00124550-000100.
6
7 4. As of the date hereof,Woodson currently has an Urban Residential Mobile Home("URM") .2
8 Land Use(Zoning)District designation and a corresponding Residential High(RH)Future >
9 Land Use Map designation. A copy of the Land Use District Map and Future
10 Land Use Map for Woodson is attached hereto and incorporated herein as Exhibit 11. C14
11 C1,4
12 5. Woodson currently has a Tier Overlay District designation of Tier 111.
13
14 6. Woodson consists of 3.29 acres,consisting of 1.79 upland acres and 1.50 submerged acres. W
15
16 7. On March 13, 2012, the Monroe County Director of Planning and Environmental
17 Resources issued a Letter of Understanding providing that the Woodson Property is entitled
18 to twelve (12)Residential Rate of Growth Ordinance (ROGO) exemptions. The
19 letter is attached as Exhibit 12.
20 0
21 8. Contemporaneously with the approval of this Agreement, Woodson's Land Use (Zoning)
22 District has been approved for amendment by Monroe County from URM to UR.
23 U)
24 K. Road Abandonments
25
26 1. Contemporaneously with this Agreement, Monroe County has approved.the abandonment
27 of the Eastern most portion of Laurel Avenue of which Wrecker's Cay has obtained
U)
28 .24 additional acres.
29
30 2. Contemporaneously with this Agreement,Monroe County has approved the abandonment
31 of the Eastern most portion of McDonald Avenue of which Wrecker's Cay has obtained >I
32 .65 additional acres.
33 >
34 3. Contemporaneously with this Agreement, Monroe County has approved the abandonment
35 of the Northern most portion of First Avenue of which Wrecker's Cay has obtained
36 .14 additional acres. U)
37
38 4. The Road Abandonments add 1.03 acres to the total upland acreage to the Wrecker's.Czy
39 Property.
40
41 L. Laurel Avenue Spit
42
43 1. The State of Florida and Monroe County have confirmed they do not own the spit that is W
44 adjacent to the Eastern End of Laurel Avenue.
45
E
00180864-vI 00122598-v1I Page 4 of 20
Packet Pg. 2622
1 2. Wrecker's Cay owns the Spit of real property located at Laurel Avenue adjacent to the U)
2 Eastern End of Laurel Avenue, Stock Island, Florida ("Spit"). A copy of the Deed
3 evidencing Wrecker's Cay's ownership is attached hereto and incorporated herein as
4 Exhibit 13.
5
6 3. The Spit is legally described as set forth in Exhibit 14, attached hereto and incorporated
7 herein. .2
8 >
9 4. The$Tit--5,j)it.mcontains 1.21 acres. The total upland acreage of the property including the
10 road abandonments and spy- it is equal to 9.1 acres as depicted on the small map and
5-12
11 sketch attached as Exhibit 15. C1,4
12
13 ILPURPOSE
14 w
15 A. The overall purpose of this Agreement is to allow the Parties to implement the provisions of
16 Monroe County Comprehensive Plan Policy I 11.1.1 as applied to the Wrecker's Cay Property
17 in order to insure the continued provision of needed employee housing in the unincorporated
18 Lower Keys.
19
20 B. The Agreement allows the redevelopment of the Wrecker's Cay Property in compliance with 0
21 all applicable provisions of Florida Statutes, the Principles for Guiding Development in the
22 Florida Keys Area of Critical State Concern, the Monroe County Comprehensive Plan, the
23 Master Plan for the Future Development of Stock Island and Key Haven, and the Monroe
24 County Code.
25
26 C. The Agreement allows the Parties to implement the provisions of Monroe County
27 Comprehensive Plan Policy I 11.1.1 as applied to the Wrecker's Cay Property in order to
28 supply needed affordable housing in the unincorporated Lower Keys and to allow for a
29 reasonable use of the 44-(+f.*,,-t44,es-W ec ker's Cay.11 r ....... _XQpq!,,yby allowing the transfer of market-
30 rate permanent residential TREs lawfully associated with the Wrecker's Cay Property.
31 >
32 D. Wrecker's Cay desires to transfer the TREs associated with Tropic Palms attributable to fifteen
33 (15) lawfully-established and recognized market-rate, permanent residential dwelling units >
34 (the "Tropic Palms Market Rate TREs") and ten (10) lawfully-established and recognized
35 transient residential dwelling units(the"Tropic Palms Transient TREs")from Tropic Palms to
36 Wrecker's Cay for future transfer to and development upon an eligible receiver site(s). The ,U)
37 Parties hereto recognize that no transfer to a receiver site(s) or development of the TREs may
38 occur until fifteen (15) affordable residential dwelling units have commenced development
39 including, at a passing the first structural inspection.
40
41 E. This Agreement will allow for a reasonable use of Tropic Palms by allowing the transfer of
42 market rate TREs and transient TREs to an eligible receiver site(s),while assuring preservation
X
43 on the Wrecker's Cay Property of a number of residential dwelling units equivalent to the w
44 number of Tropic Palms Market Rate TREs as employee housing.
45
E
46
00180864-v1 00122598-v11 Page 5 of 20
1 Packet Pg. 2623
1 F. Wrecker's Cay desires to transfer the TREs associated with Water's Edge attributable to fifty- U)
2 three (53) lawful ly-established and recognized market-rate, permanent residential dwelling
3 units (the "Water's Edge Market Rate TREs"), eight (8) lawfully-established and recognized
4 transient residential dwelling units(the"Water's Edge Transient TREs")to an eligible receiver
5 site. The Parties hereto recognize that no transfer to a receiver site(s) or development of the
6 Water's Edge Market Rate TREs i.i u--may occur until fifty-three (53) affordable
7 residential dwelling units have commenced development including, at a passing the first .2
8 structural inspection. Water's Edge six hundred seventy-two (672) NROGO-exempt square >
9 feet (the "Water's Edge NROGO") from Water's Edge shall be held by Wrecker's Cay for
10 future transfer to and development upon eligible receiver site(s). Transfer of the Water's Edge C14
CD
11 NROGO shall be governed by Monroe County Code Section 138-500). C1,4
12
13 G. This Agreement will allow for a reasonable use of Water's Edge by allowing the transfer of
14 market-rate TREs, transient TREs, and NROGO to eligible receiver site(s), while assuring W
15 preservation on the Wrecker's Cay Property of a number of residential dwelling units
16 equivalent to the number of Water's Edge Market Rate TREs as employee housing.
17
18 H. Wrecker's Cay desires to transfer the TREs attributable to twelve (12) lawfully-established
19 and recognized market-rate,permanent residential dwelling units from Woodson to an eligible
20 receiver site. The Parties hereto recognize that no transfer to a receiver site(s)or development 0
21 of the TREs or Ts may occur until twelve (12) affordable residential dwelling units have
22 commenced development including, at a passing the first structural inspection.
23
U)
1
24 I. This Agreement will allow for a reasonable use of Woodson by allowing the transfer of market- U)
25 rate TREs to an eligible receiver site, while assuring preservation on the Wrecker's Cay
26 Property of an equivalent number of residential dwelling units as affordable housing.
27
U)
28 111. AGREEMENT REQUIREMENTS
29
30 A. Recitals. The recitals explaining the intent and purpose of the project as set forth in the
31 preceding clauses are incorporated herein and form a material part of this Agreement. >I
I-
CD
32 The Parties recognize the binding effect of Florida Statutes Sections 163.3220-163.3243,as to <
33 the form and content of this Agreement and in accordance therewith set forth and agree to the >
34 following.
35
36 B. Legal Description and Ownership. The legal descriptions for the W(jw-r6 W"esi- recke"r's ''a'V Y)
37 1�Mp!L[ty.,subj ect to this Agreement are set forth in Exhibits 2, 6, 10, and 14. 0
38
39 C. Duration of Agreement. This Agreement shall remain in effect for ten (10) years from the
40 "Effective Date"as defined herein, and may be extended by mutual consent of the Parties and
41 approval at a public hearing, in accordance with Section 163.3229, Florida Statutes. For the
42 duration of this Agreement, the Parties agree that any development shall comply with and be
X
43 controlled by this Agreement, the Monroe County Code, and the Monroe County W
44 Comprehensive Plan governing the development of land in effect on the date of execution of
45 this Agreement, in accordance with Section 163.3220,Florida Statutes.
E
46
00180864-v1 00122598-v11 Page 6 of 20
1 Packet Pg. 2624
1 D. Permitted Uses. U)
2
3 1. Wrecker's Cay Property,5700 Laurel Avenue, Stock Island,Florida;61525 Second Street,
4 Stock Island, Florida; 6325 First Street, Stock Island,Florida:
5
6 a. The Wrecker's Cay Property currently has a UR Land Use (Zoning) District
7 designation and a corresponding RH Future Land Use Map designation. .2
8 >
9 b. In accordance with this Agreement and with the RH Future Land Use Map category,
10 as set forth in Monroe County Comprehensive Plan Policy 101.5.4, the principal C14
11 purpose of the RH Future Land Use Map category is to provide for high density single- C1,4
12 family, multi-family, and institutional residential development, including mobile
13 homes and manufactured housing, located near employment centers.
14 W
15 c. In accordance with this Agreement and with the UR Land Use(Zoning)District, as set
16 forth in Monroe County Code Section 130-98,and in compliance with other provisions
17 of the M"o"ii'ro' dwellings,e o"U'111y Code, the permitted uses in the UR Land Use (Zoning)District
18 include detached attached dwelling units (as a minor conditional use), and
19 accessory uses.
20 0
21 d. Pursuant to Monroe County Comprehensive Plan Policy 111.1.1, the Wrecker's Cay
22 Property is located within the Stock Island Workforce Area 1.
23
24 e. In accordance with the provisions of Monroe County Comprehensive Plan Policy
25 111.1.1, and notwithstanding any other provisions of the Monroe County
26 Comprehensive Plan or Monroe County Code, (1) the Wrecker's Cay Property has a
27 maximum net density of forty(40) units per buildable acre, the development of which
28 shall not require transferrable development rights; (2) buildings that are voluntarily
29 elevated up to three (3) feet above base flood elevation may be three (3) habitable
30 floors; (3) parking requirements are one (1) parking space per one bedroom unit, two
31 (24-A-5) parking spaces per two bedroom unit, and three (]2) parking spaces per three >I
32 bedroom unit; (4) nonresidential uses are prohibited, but accessory uses to the
33 residential development,such as a shoreside access facility associated with an adjacent >
34 County-owned mooring field, club house or recreational -facilities, are permitted; (5)
35 no market rate or transient residential units are allowed to be developed or operated;
36 and (6) all habitable buildings located within the 65 -- 69 DNL (Day-Night Average ,U)
37 Sound Level) noise contour pursuant to the 2013 Navy Environmental Impact 0
38 Statement must be sound attenuated to 25 dB (DNL), however no portion of the
39 Wreckers Cay Property is within the 65 --69 DNL noise contour.
40
41 f. The redevelopment of the Wrecker's Cay Property includes the addition of up to two
42 hundred eighty(280) affordable residential dwelling units, and accessory uses.
X
43 W
44 g. The height of any new structure associated with the redevelopment of the Wrecker's
45 Cay Property shall not have any habitable floor area above 38 feet from grade,
E
46 mechanical equipment and architectural features utilized to hide mechanical
00180864-v1 00122598-v11 Page 7 of 20
1 Packet Pg. 2625
1 equipment, including parapets, may be up to 44 feet above grade, and such structures U)
2 may contain three (3) habitable floors. For purposes of measuring height, grade shall
3 be 6.12 feet as depicted in the topographic survey attached as Exhibit 16.
4
5 E. Public Facilities. The impact on public facilities is nominal. The numbers of existing
6 residential dwelling units were recognized in the planning of the sewage treatment plant
7 serving Stock Island. .2
8 >
9 1. The Florida Keys Aqueduct Authority provides domestic potable water to the Wrecker's
10 Cay Property. Excluding existing development that may already be metered, the Florida C14
CD
11 Keys Aqueduct Authority will individually meter each new affordable residential dwelling C1,4
12 unit. In addition,the Florida Keys Aqueduct Authority will meter accessory development
13 accordingly.
14 W
15 2. Keys Energy Services provides electric service to the Wrecker's Cay Property.
16 Keys Energy Services will individually meter each new affordable residential dwelling
17 unit. In addition,Keys Energy Services will meter accessory development accordingly.
18
19 3. Solid waste service is provided to the Wrecker's Cay Property by a solid waste collection
20 system franchised by Monroe County. 0
21
22 4 The Wrecker's Cay Property is connected to central sewer via KW Resort Utilities Corp.'s
23 system. U)
24 U)
rO 25 5, 11�1,sed.mi traille rc',yjew 1C dt� eN 26 L()S U. 1111 to b�, 41 -COni W�011 Nlwuvie CouWv
27 2 3 2
tmh�!Isi�,e NON I Akics '301 L.1, '0� 1.2, 30 2,"�N. 3 0 2, �,itid ;O� ,,' 4 os �,,61 as
U)
28 Code SecAjotis i N-20,0(14i- b- and c-, or slifficieu'It
29 to klmu'CQ 'uullo, t�'�m tfic
30 LOS unh�St be -!�-�J&L� 'a �-1UHLfill" )CI'Mii fiV It to o --gj� r gut me
31 N/Iidimtioii uig,,i,,, tm� ig ffic 1'onii of ol� �1Ocd >
. ............32 1 ics klemifie"] h� 11�e CoUmv,�in&or
........... ..........
33 1 DO I to �Idd t y �('yO o[!ie1:,\jCL heyq�i(j LOS Ccg id/cto, he >
34 a�2,�,!Iic,,im shaH st.ibl,ii4 eyidelige ol, agivelilem heo\,cell t�iv, nr)nhc�10 'uld ��Ile H)()'1 1,
35 ap-,"., co�ffl'cicl or ,10n,TlT1Ct1t JILW piLyoyemegis' to 1-oi,
36 ux:lt lo Loy ld U)
37 4.
38 r1. 'Hte llccessar\ fiB:difies ser icfi s gu'e il� Juule I de'YO( "lilt Ns
39 kstu d:
CIO
40 b, 'I services h�cv ill )Ngce and tfic wii,ific iu cei-tif icw.C,o�'
41 ol� 4S k F)r�m, io colluncmc�,nem of, co��stn,IC6,101. the
............
42 °AVpji=llt sk�ffl clitcr 4,00 a'A NMIiMl M'J NCINIH\, top ffie� Colno X
W
43 mu re I JOH 01" HIMX'061111e It OF,
E
00180864-v1 00122598-v1 I Page 8 of 20
1 Packet Pg. 2626
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0
3
4 dv h°A111._." ➢iib� 4 A.M1�AI',rt C d"� aAu� l� dw�'�I ,_ ,� C�llln flh� � r:11.➢,'dq 1�1 �i,�'�iq'h"� 11Mat Il. ie Si,cc sail"' f`,�c llinJes amd .�
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6 �.ngi=nueifl nnt ^ klrnd.�n0 Ka is 9°na:u'dt Iuiniwd to nieveloilifflavn t N9,9n' II I.(J �
7 sc c�,; o p n6133 0 c)11 U) UiOreciffl M o d bid„�Aq��L�ld�" I e,,)i'�ict, N�w'wn�' 2
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12 u' n�itt�u r.,.� 16tia.1:..1W S�.:��..&tirc,��....�...:)6�..
13 m.. _._ �
w
14 F. Reservation or Dedication of Land. Wrecker's Cay shall provide Monroe County a
15 shoreside access facility open to the public, subject to reasonable rules and regulations and
16 hours,which shall provide,at a minimum dinghy dockage for a mooring field with up to forty
17 (40)mooring balls, dockside pumpout facility, trash/recycling receptacles, along with an area
18 to develop a minimum 400 square foot office/amenity building. Monroe County shall be
19 responsible for the cost of development and all costs of operations of the shoreside access
20 facility. The dockside facility identified on the Southeast corner of the Wrecker's Cay Property
21 is conditionally accepted to so long as the preceding requirements can be met.
22
U)
23 G. Development Allowed. The following specific criteria are those which will guide
24 development of the 10 ievv x &tIT "SITITIT'ITly!IT1E�frt1 , and are standards by which any further
25 approvals shall be measured and shall be as follows:
26
27 a. The Wrecker's Cay Property consists of 9.1 acres of upland. There currently exist U'
28 eighty(80)market-rate residential dwelling units, eighteen(18)transient units,and six
29 hundred seventy-two ( 72)non-residential square feet of floor area.
30 >1
31 b. Wrecker's Cay is permitted to transfer eighty(80) market-rate TREs and eighteen(1 )
32 transient TREs to an eligible receiver site through a minor conditional use permit per >
33 Monroe County Code Section 13 -22, regardless of receiver site Land Use (Zoning)
34 District. The six hundred seventy-two (672) square feet of NROGO exempt �
35 nonresidential floor area will be held byWrecker's Cay for future transfer from the
36Wrecker's Cay Property to an eligible receiver site(s). Themarket-rate TRE s shall not
37 be developed on an eligible receiver site untilWrecker's Cay have commenced
38 development including passing the first structural inspection. Transfer of the eighteen
39 (18)transient TRE s to an eligible receiver site(s) shall be governed by Monroe County
40 Code Section 13 -22 , and transfer of the six hundred seventy-two (672) -
41 exempt nonresidential square feet shall be governed by Monroe County Code Section
42 13 -500).
43
44 c. Provided such development can be designed and approved by all applicable codes,
45 including but not limited to the Monroe County Code and Florida Building Code,
00180864-yr 00122598-v11 Page 9 of 20
Packet Pg. 2627
Wrecker's Cay is permitted to develop the following buildings,facilities and structures U)
2 on the Wrecker's Cay pursuant to this Agreement: 0
3
4 i. Up to two hundred eighty (280) new attached, affordable residential dwelling
5 units deed restricted toemployee housing.
6
7 ii. Accessory structures and uses, including a shoreside access facility consisting .2
2
8 of dinghy docks, dockside pump out facility and/or dockage for pump out >
9 vessel, an office and amenities, and which also may include but shall not be
10 limited to swimming pool,clubhouse, and guardhouse. C14
11 C14
12 iii. Parking areas and landscaping.
13
14 H. Deed Restrictions for Affordable Housing. The Wrecker's Cay Property shall have a single W
15 deed-restriction for two hundred eighty (280) affordable housing units deed restricted to
16 employee housing and shall be recorded on all land described in Exhibits 2, 6, 10,and 14.The
17 income categories for the 280 units shall consist of One Hundred Forty(140)moderate income
18 units, Seventy Median(70) median income units, and Seventy(70) low income units.
19
20 1. Affordability Compliance. 0
21
22 a. Affordable housing definitions.
23
U)
1
24 i. Affordable housing means residential dwelling units that meet the following U)
25 requirements:
26
27 a. Meet all applicable requirements of the United States Department of Housing
U)
28 and Urban Development minimum property standards as to room sizes,
29 fixtures, landscaping and building materials, when not in conflict with
30 applicable laws of the-eootilyC�onroe�Courgy; and
31 >I
32 b. A dwelling unit whose monthly rent, not including utilities, does not exceed
33 30 percent of that amount which represents either 50 percent (very low >
34 income) or 80 percent (low income) or 100 percent (median income) or 120
35 percent(moderate income)of the monthly median adjusted household income
36 for the county.
JA
I-
37 0
38 ii. Affordable housing trust fund, means a trust fund established and maintained by the
39 county for the purpose of preserving existing and promoting creation of new
40 affordable and employee housing. Funds collected for and deposited in the trust
41 fund shall be used exclusively for purposes of creating, preserving or maintaining
42 affordable and employee housing in the Florida Keys.
X
43 W
44 iii. Affordable rental housing, low income, means a dwelling unit whose monthly rent
45 not including utilities, does not exceed 30 percent of the amount that represents 80
p E
46 percent of the monthly median adjusted household income for the county.
00180864.vI 00122598-v11 Page 10 of 20
1 Packet Pg. 2628
U)
2 iv. Affordable rental housing, median income, means a dwelling unit whose monthly
3 rent,not including utilities,does not exceed 30 percent of the amount that represents
4 100 percent of the monthly adjusted median household income for the county.
5 V. Affordable rental housing, moderate income, means a dwelling unit whose monthly
6 rent,not including utilities,does not exceed 30 percent of the amount that represents
7 120 percent of the monthly median adjusted household income for the county.
8 vi. Affordable rental housing, very low income, means a rental dwelling unit whose >
9 monthly rent, not including utilities, does not exceed 30 percent of the amount that
10 represents 50 percent of the monthly median adjusted household income for the C14
11 county. C1,4
12
13 vii. Employee housing means an attached or detached dwelling unit that is intended to
14 serve as affordable, permanent housing for working households, which derive at W
15 least 70 percent of their household income from gainful employment in the county
16 and meet the requirements for affordable housing as defined in this section and as
17 per section 130-16 1.
18
19
20
0
21
22 viii. Median income, rental rates and qualifying incomes table, means eligibility
23 requirements compiled each year by the planning department based upon the
24 median annual household income published for the county on an annual basis by U)
25 the U.S. Department of Housing and Urban Development and similar information U)
26 for median and moderate income levels from the Florida Housing Finance
27 Corporation. Affordable housing eligibility requirements for each household will
28 be based upon median annual household income adjusted by family size,as set forth U)
29 by the U.S. Department of Housing and Urban Development and the Florida
30 Housing Finance Corporation. The county shall rely upon this information to
31 determine maximum rental rates and maximum household incomes eligible for >
32 affordable housing rental or purchase.
33
34 ix. Monthly median household income means the median annual household income for
35 the county divided by 12.
36
JA
37 b. Requirements
38
39 i. Tourist housing use or vacation rental use of affordable or employee housing units
40 is prohibited.
41 CO
42 ii. The parcel of land proposed for development of affordable oremployee housing
43 shall only be located within a tier III designated area. X
44 W
45 iii. During occupancy of any affordable housing rental unit, not otherwise limited by
46 state or federal statute or rule concerning household income, a household's annual E
47 income may increase to an amount not to exceed 140 percent of the median
00180864-v1 00122598-v11 Page 11 of 20
1 Packet Pg. 2629
1 household income for the county. If the income of the lessee exceeds this amount, U)
2 the tenant's occupancy shall terminate at the end of the existing lease term. The
3 maximum lease for any to shall be three years or 36 months.
4
5 iv. Pursuant to Monroe County Code Section 139-1(a)(6)(i),when establishing a rental
6 amount, Monroe County shall assume family size as indicated in the table below.
7 This section shall not be used to establish the maximum number of individuals who U)
8 actually live in the unit. This table shall be used in conjunction with the eligibility
9 requirements created b onroe Coun!y Code Section 10 1-1:
Size of Unit Assumed Family Size Minimum Occupancy
cv
Efficiency(no separate)
One bedroom 2 1 w
Two bedroom 3 2
Three bedrooms 4 3
Four or more bedrooms 5 1 per bedroom
10 0-
11 V. The income of eligible households shall be determined by counting only the first
12 and highest paid 40 hours of employment per week of each unrelated adult. For a
13 household containing adults related by marriage or a domestic partnership U)
14 registered with the county, only the highest 60 hours of the combined employment U)
15 hours shall be counted, which shall be considered to be 75 percent of the adjusted
16 gross income. The income of dependents regardless of age shall not be counted in
17 calculating a household's income. U)
18
19 c. At Monroe County's request, Wrecker's Cay, its successors and assigns, shall provide
20 Monroe County with an annual report demonstrating compliance with the eligibility
21 requirements of Monroe County Code Section 139-1.
22
23 J. Development and Affordable Housing Standards. The development standards shall be
24 determined by the application of the standards contained in the Monroe County
25 Comprehensive Plan and the Monroe County Code. Further, the following specific
26 standards shall apply to the development or deed restriction of the affordable housing units. JA
27
28 a. Neither tourist housing use nor vacation rental use of the affordable housing units 2
29 established on the Wrecker's Cay Property, or any other affordable housing resulting 3:
30 from this Agreement shall be allowed.
31
32 b. Monroe County Code Comp. Plan Policy I 11.1.1 provides the following requirements
X
33 for this Agreement: w
34
35 1. Notwithstanding the density standards set forth in Policy 101.5.25, the Maximum E
36 Net Density of the Stock Island Work-force Subarea 1. shall be 280 affordable
00180864-vi 00122598-v11 Page 12 of 20
1 Packet Pg. 2630
1 dwelling units at a density of 40 dwelling units per buildable acre for property U)
2 within the UR.zoning districts and shall not require transferable development rights. 0
3
4 2. There shall be no allocated or maximum net density standard available for market
5 rate dwelling units or transient units.
6
7 3. The maximum floor area ratio (FAR) for all nonresidential uses within the subarea .2 U)
8 shall be zero. A shoreside support facility associated with a mooring field as an
9 accessory use associated with the Wreckers Cay project within the RH FLIT M and
10 UR Zoning District. cv
11
12 4. The height of any new structure associated with the redevelopment of the
13 Wrecker's Cay Property shall not have any habitable floor area above 38 feet from >
14 grade;mechanical equipment and architectural features utilized to hide mechanical W
15 equipment, including parapets, may be up to 44 feet above grade; and such
16 structures may contain three (3)habitable floors.
17
18
19 5. Nonresidential uses shall be prohibited. Accessory uses to the residential
20 development, such as a club house or recreational facilities, are permitted. 0
21 A shoreside support facility associated with a mooring field as an accessory use
22 associated with the Wrecker"s Cay project within the RH FLUM and UR Zoning
23 District is
--liermitted. U)
24 U)
25 6. All new residential units developed within the Stock Island Workforce Subarea I 'a
26 shall be subject to the ROGO permit allocation system.
27
U)
28 7. The protest procedures set forth within Sec. 102-158(d)(8) are applicable to
29 applications submitted under this Policy 1.11.1.1.
30
31 8. A development agreement shall be required for any proposed development of an >
32 affordable housing project within the Stock Island Workforce Subarea I to define <
33 the income category distribution for the proposed development. >
34
35 9. All new affordable units developed within the Stock Island Workforce Subarea I
36 shall require occupants to derive at least seventy percent(70%) of their household JA
37 income from gainful employment in Monroe County.
38
39 10. The affordable dwelling units shall be rental units only.
40
41 c. For Monroe County to monitor receipt of the affordable housing ROGO allocations,
42 the Parties agree the Board of County Commissioners may approve the allocation
X
43 reservation by resolution concurrent with this development agreement. It is intended W
44 that the initial Resolution be consistent with Monroe County Code Section 138-
45 24(b)(4) as follows: E
46
00180864-v1 00122598-v11 Page 13 of 20
1 Packet Pg. 2631
1 1. By a corresponding resolution, the Board of County Commissioners shall reserve U)
2 One Hundred Forty(140)moderate income affordable ROGO allocations, Seventy 0
3 Median (70) median income affordable ROGO allocations, and Seventy (70) low
4 income affordable ROGO allocations for award to the Wrecker's Cay Property 3:
5 which reservation shall be in effect for five(5) years from the effective date of this
6 agreement. r_
7 .2
8 2. The Board of County Commissioners may,at its discretion,place conditions on any >
9 reservation, as it deems appropriate.
10 cv
11 d. Pursuant to Monroe County Code Section 13 9-1(f)(8),upon written agreement between
12 the Monroe County Planning Director and an eligible governmental or
13 nongovernmental entity, the Planning Director may authorize that entity to administer
14 the eligibility and compliance requirements for the Monroe County Planning W
15 Department under (f)(3), (f)(4), (f)(5) and (f)(6) of this section. Under such an
16 agreement, the eligible entity is authorized to qualify a potential renter of affordable
17 employee housing , and annually verify the employment and/or income eligibility of
18 tenants pursuant to (f)(2) of this section. The entity shall still be required to provide
19 the Monroe County Planning Department, by January I of each year, a written
20 certification verifying that tenants of each affordable employee housing meet the
21 applicable employment and income requirements of (f)(2). The following
22 governmental and nongovernmental entities shall be eligible for this delegation of
23 authority: a) the county housing authority, not-for-profit community development
24 organizations, pursuant to Section 139-1(e), and other public entities established to
25 provide affordable housing; b) private developers or other nongovernmental
26 organizations participating in a federal/state housing financial assistance or tax credit
27 program or receiving some form of direct financial assistance from Monroe County; or
28 c) nongovernmental organizations approved by the Board of County Commissioners
29 as affordable housing providers.
30
31 Via this Agreement, the Board of County Commissioners has approved the Parties >
I-
CD
32 of this Agreement (other than Monroe County), which are nongovernmental <
33 organizations, as an affordable housing provider. Any qualifier chosen by the Parties >
34 (other than Monroe County) shall be approved by the Planning Director in accordance
35 with (f)(8)of this section.
36 U)
37 K. Site Plan Approval:
38 G'ay14<T�efl --The conceptual site plan is attached as Exhibit 17.
39 The development shall be consistent with all applicable codes, including but not limited to
40 the Monroe County Comprehensive Plan and Monroe County Land Development Code.
41 Following a review of compliance with such codes,the final site plan must be approved by
42 the Monroe County Planning Commission as a major conditional use permit.The Planning
X
43 Commission has final authority over the site plan and the site plan may be amended by the W
44 Planning Commission.
45
E
00180864-vI 00122598-v11 Page 14 of 20
1 Packet Pg. 2632
1 L. Finding of Consistency. By entering into this Agreement, Monroe County finds that the U)
2 development permitted or proposed herein is consistent with the Monroe County
3 Comprehensive Plan and Monroe County Code.
4
5 M. Breach,Amendment,Enforcement,and Termination.
6
7 a. Material Breach: A material breach by the Parties is the failure of any Party to comply U)
8 with the terms of this Agreement after Notice as provided herein.
9
10 b. Notice: Upon any Party's material breach of the terms and conditions of this cv
11 Agreement,the non-breaching Party shall serve written Notice of the breach upon the
12 breaching Party pursuant to the procedure established in this Agreement and shall
13 provide the opportunity, within ninety (90) days of the date such Notice is served, to >
14 propose a method of fulfilling the Agreement's terms and conditions or curing the W
15 breach. The breaching Party shall be provided an additional ninety (90) days to cure
16 the material breach or to negotiate an amendment to this Agreement within a reasonable
17 time,as mutually agreed to by the Parties. This Agreement is not subject to arbitration
18 and must be amended in accordance with the statutory requirements.
19
20 C. Amendment or Termination: The Parties hereto shall at all times adhere to the terms 0
21 and conditions of this Agreement. Amendment,termination, extension, or revocation
22 of this Agreement shall be made in accordance with the notification and procedural
23 requirements set forth herein. U)
24 U)
25 i. Amendments to this Agreement shall subject Parties to the laws and policies in 'a
26 effect at the time of the amendment only if the conditions of Section 163.3233(2),
27 Florida Statutes, are met.
U)
28
29 ii. No modifications, extensions, amendments, or alterations of the terms or
30 conditions contained herein shall be effective unless contained in a written
31 document approved and executed by the Parties. >
I-
CD
32 iii. Amendment, extension or termination shall require at least two (2) public <
33 hearings. The hearings shall be held pursuant to an application filed with Monroe >
34 County by the Party seeking to amend or terminate this Agreement, along with
35 the requisite filing fee. Notice of public hearing shall be in accordance with
36 Monroe County Ordinances and Florida Statutes. JA
37
38 d. Enforcement:
39
40 i. After notice and an opportunity to respond and/or cure the material breach as
41 provided for below. In addition, Monroe County may utilize appropriate code
42 compliance remedies to cure any breach after notice and an opportunity to cure
X
43 as provided herein. W
44
45 ii. Monroe County, the other Parties, their successors or assigns, or any aggrieved E
46 or any adversely affected person. as defined in Section 163.321.5(2), Florida
00180864-v1 00122598-v11 Page 15 of 20
1 Packet Pg. 2633
1 Statutes, may file an action for injunctive relief in the Circuit Court of Monroe U)
2 County to enforce the terms of this Agreement or to challenge compliance with 0
3 the provisions of Sections 163.3243, Florida Statutes.
4
5 iii. Nothing contained herein shall limit any other powers, rights, or remedies that
6 either party has, or may have in the future, to enforce the terms of this
7 Agreement.
8
9 N. Binding Effect of Agreement. The covenants,agreements, and obligations herein contained,
10 except as herein otherwise specifically provided, shall extend to, bind d i to the benefit C14
Q
11 of the Parties hereto and their respective personal representatives,heirs,successors and assigns. C1,4
12
13 O. State and Federal Law. If State or Federal laws enacted after the effective date of this
14 Agreement preclude either Party's compliance with the terms of this Agreement, this W
15 agreement shall be modified as is necessary to comply with the relevant State or Federal Laws.
16
17 P. Compliance with Other Laws. The failure of this Agreement to address a particular permit,
18 condition, term, or restriction shall not relieve the Parties of the necessity of complying with
19 the laws governing said permitting requirements, conditions,terms or restrictions.
20 0
21 Q. Reservation of Rights. This Agreement shall not affect any rights, which may have accrued
22 to any party to this Agreement under applicable law. The Parties reserve any and all such
23 rights. All approvals referenced in this Agreement are subordinate to compliance with all U)
24 applicable laws, codes, and land development regulations and permits, except to the extent U)
25 otherwise provided for in this Agreement.
26 tt:
27 R. No Permit. This Agreement is not and shall not be construed as a Development Permit,
U)
28 Development Approval or authorization to commence development, nor shall it relieve the
29 Parties other than Monroe County of the obligations to obtain necessary Development
30 Approvals that are required under applicable law and under and pursuant to the terms of this
31 Agreement and Monroe County Code. >
32
33 S. Good Faith; Further Assurances; No Cost. The Parties to this Agreement have negotiated >
34 in good faith. It is the intent and agreement of the Parties that they shall cooperate with each
35 other in good faith to effectuate the purposes and intent of, and to satisfy their obligations
36 under, this Agreement in order to secure themselves the mutual benefits created under this JA
37 Agreement. The Parties agree to execute such further documents as may be reasonably
38 necessary to effectuate the provisions of this Agreement; provided that the foregoing shall in
39 no way be deemed to inhibit, restrict or require the exercise of Monroe County's police power
40 or actions of Monroe County when acting in a quasi-judicial capacity. Wherever in this
41 Agreement a provision requires cooperation,good faith or similar effort to be undertaken at no
42 cost to a party, the party co-operating, reviewing or undertaking the effort shall, nonetheless,
X
43 bear its cost of attendance at meetings,hearings,or proceedings and comment and/or execution W
44 of documents, inclusive of the expense of its counsel.
45 E
001.80864-v1 00122598-v11 Page 1.6 of 20
1 Packet Pg. 2634
1 T. Successors and Assigns. This Agreement shall constitute a covenant running with the land, U)
2 which shall be binding upon the Parties hereto,their successors in interest, heirs, assigns, and 0
3 personal representatives.
4
5 U. Joint Preparation. This Agreement has been drafted with the participation of the Parties and
6 their counsel, and shall not be construed against any party on account of draftsmanship. The
7 captions of each article, section and subsection contained in this Agreement are fore ease of U)
8 reference only and shall not affect the interpretational meaning of this Agreement. Whenever
9 the to "included" is used in this Agreement, it shall mean that the included items, or terms
10 are included without limitation as to any other items or terms,which may fall within the listed cv
11 category.
12
13 V. Notices. All notices,demands,requests or replies provided for or permitted by this Agreement >
14 shall be in writing and may be delivered by any one of the following methods: (a)by personal W
15 delivery; (b) by deposit with the United States Postal Service as Certified or Registered mail,
16 return receipt requested,postage prepaid,to the addresses stated below; or(c) by deposit with
17 an overnight express delivery service with proof of receipt to the addresses stated below.
18 Notice shall be deemed effective upon receipt. For purposes of notice, demand, request, or
19 replies:
20 0
21
22 The address of Monroe County shall be:
23 U)
24 County Administrator
25 1100 Simonton Street,
26 Room 2-205
27 Key West,Florida 33040
U)
28
29
30
31 >
32 And a copy to:
33 >
34 Robert Shillinger,Esq.
35 County Attorney
36 PO Box 1026
JA
37 Key West, Florida 33041.
38
39 and
40
41 1111 12'h Street, Suite 408
42 Key West,Florida 33040
43 X
44 The address of Wrecker's Cy shall be: W
45
46 Victor Ballestas E
47 C/O Integra Investments, LLC
00180864-v1 00122598-v11 Page 17 of 20
1 Packet Pg. 2635
1 150 SE 2nd Ave, Suite 800 U)
2 Miami, FL 33131 0
3
4 And a copy to:
5
6 Barton W. Smith,Esq.
.2
7 Smith Hawks,P.L. U)
8 138 Simonton Street
9 Key West,Florida 33040
10 C14
CD
11 it is the responsibility of the Parties to promptly notify all other Parties of any change in
12 name or address for receipt of notice, demand, request, or replies.
13
14 W. Force Majeure. Any prevention, delay or stoppage due to strikes, lockouts, labor disputes, W
15 acts of God, inability to obtain labor or materials or reasonable substitutes therefore,riot, civil
16 commotion, fire or other casualty and other causes beyond the reasonable control of the party
17 obligated to perform, excluding the financial inability of such party to perform and excluding
18 delays resulting from appeals or rehearing, shall excuse the performance by such party for a
19 period equal to any such period of prevention, delay or stoppage. In order to avail itself of this
20 force majeure provision, the party invoking the same shall provide the _p other a y with a rt 0
21 written notice that shall consist of a recitation of all events that constitute force majeure events
22 under this Section,together with the beginning and ending dates of such events.
23 U)
24 X. Construction. This Agreement shall be construed in accordance with the laws of the State of U)
25 Florida. The Parties to this Agreement have participated fully in the negotiation and
26 preparation hereof, and, accordingly, this Agreement shall not be more strictly construed
27 against any one of the Parties hereto. In construing this Agreement,the use of any gender shall
28 include every other and all genders, and captions and section and paragraph headings shall be
29 disregarded. All of the exhibits attached to this Agreement are incorporated in, and made a
30 part of,this Agreement.
31 Y. Omission. The Parties hereto recognize and agree that the failure of this Agreement to address >
32 a particular permit, condition,terms or restriction shall not relieve either Party of the necessity <
33 of complying with the law governing said permitting requirements, conditions, term, or >
34 restriction notwithstanding any such omission.
35
36 Z. Jurisdiction and Governing Law. The Parties hereto agree that any and all suits or actions JA
37 at law shall be brought in Monroe County, Florida and no other jurisdiction. This Agreement
38 shall be construed and interpreted under the laws of the State of Florida.
39
40 AA.Attorney's Fees and Costs. The Parties agree that in the event any cause of action or
41 administrative proceeding is initiated or defended by any party relative to the enforcement or
42 interpretation of this Agreement,the prevailing party shall be entitled to reasonable attorney's
X
43 fees, court costs, as an award against the non-prevailing party, and shall include attorney's W
.;j
44 fees, courts costs, in appellate proceedings. Mediation proceedings initiated and conducted
45 pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure E
46 and usual and customary procedures required by the circuit court of Monroe County.
00180864-v1 00122598-V11 Page 18 of 20
1 Packet Pg. 2636
U)
I-
2 BB.Time of Essence. Time shall be of the essence for each and every provision of this Agreement. 0
3
4 CC.Entire Agreement. This Agreement, together with the documents referenced herein,
5 constitute the entire agreement and understanding among the Parties with respect to the subject
6 matter hereof, and there are no other agreements, representations or warranties other than as
7 set forth herein. This Agreement may not be changed, altered or modified except by an U)
8 instrument in writing signed by the Party against who enforcement of such change would be
9 sought and subject to the requirements for the amendment of development agreements in the
10 Act. cv
11
12 DD.Counterparts. This Agreement maybe executed in one or more counterparts,and by different
13 Parties hereto in separate counterparts, each of which when executed shall be deemed to an
14 original but all which taken together constitute one and the same agreement. w
15
16 EE. Recording. Monroe County shall record this Agreement with the Clerk of the Circuit Court
17 of Monroe County within fourteen(14)days following signature by all Parties. Wrecker's Cay
18 agrees that it shall be responsible for all recording fees and other related fees and costs related
19 to the recording and delivery of this Agreement as described in this section. The provisions
20 hereof shall remain in full force and effect during the term provided herein and shall be binding 0
21 upon all successors in interest to the Parties to this Agreement.
22
23 FF. Conflicting Resolutions. All resolutions or parts thereof in conflict with the provisions of this U)
24 Agreement and its resolution are hereby repealed to the extent of such conflict. U)
25
26 GG.Severy bility. If any part of this Agreement is contrary to, prohibited by, or deemed invalid tt:
27 under any applicable law or regulation, such provisions shall be inapplicable and deemed
U)
28 omitted to the extent so contrary, prohibited, or invalid; however, the remainder of the
29 Agreement shall not be invalidated thereby and shall be given full force and effect as if the
30 contrary,prohibited,or invalid provision was never a part hereof.
31 >
32 V. Effective Date. The "Effective Date" of this Agreement is forty-five (45) days after the duly <
33 signed and recorded Agreement is received by the Florida Department of Economic >
34 Opportunity pursuant to Chapter 380, Florida Statutes, and if appealed, until the appealed is
35 resolved.
36 U)
37
38 IN WITNESS WHEREOF,the Parties hereto have set their hands and seals on the day and year
39 below written.
40
41 WRECKER'S CAY APARTMENTS AT STOCK ISLAND,LLC
42
X
43 By: ...... w
44
45 Title:
.. ....... .......- E
46
00180864 v1 00122598-v11 Page 1.9 of 20
1 Packet Pg. 2637
I Date: U)
2
3 The foregoing instrument was acknowledged before me on this day of
4 2020, by the managing member of Wreckers Cay Apartments at Stock Island,
5 LLC. He is personally known to me and did not take an oath.
6
7
8 >
9
10 C14
11 C"4
12
13 ATTEST® KEVIN MADOK, CLERK MONROE COUNTY BOARD OF
14 COUNTY COMMISSIONERS W
15
16
....................................
17 DEPUTY CLERK MAYOR
0
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U)
U)
x
W
E
00180864-v1 00122598-v11 Page 20 of 20
1 Packet Pg. 2638
E
.2
2
3 DEVELOPMENT AGREEMENT
4
5 THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into on the wIT day
6 of 2020, by and between Monroe County, Florida, a Political
7 Subdivision of the State of Florida ("Monroe County"), Wrecker's Cay Apartments at Stock
8 Island,LLC, a Florida limited liability company("Wrecker's Cay") ( individually a"Party"and
9 collectively, the "Parties"), pursuant to Monroe County Comprehensive Plan Policy I 11.1.1 and
10 Sections 110-132 and 110-133 of the Monroe County, Florida, Code of Ordinances ("Monroe
11 County Code"),and the Florida Local Government Development Agreement Act,Florida Statutes
12 Sections 163.3220-163.3243 (2018), and is binding on the"Effective Date" set forth herein: >
13
14 WITN ESST H:
C14
15 Q
C�
16 The Parties hereby agree as follows: Iq
17
18 1. RECITALS
W
19
20 A. This Agreement involves the redevelopment of property located at 5700 Laurel Avenue,Stock W
21 Island, Florida, historically known as Water's Edge Colony Trailer Park ("Water's Edge");
22 6125 Second Street, Stock Island, Florida, currently known as Tropic Palms Mobile Home
23 Park and historically known as Rolf s Trailer Park ("Tropic Palms"), and 6325 First Street,
24 Stock Island, Florida, historically known as Woodson's Trailer Park ("Woodson"). Water's
25 Edge,Tropic Palms,and Woodson are collectively referred to as the"Wrecker's Cay Property"
26 herein.
27
U)
28 B. This Agreement involves the redevelopment of Wrecker's Cay Property as Two Hundred
29 Eighty(280)deed-restricted affordable dwelling units. The eighty(80)market rate permanent
30 Transferrable Residential Rate of Growth Ordinance Exemptions("TREs")associated with the
31 Wrecker's Cay Property, as well as the eighteen (18) transient TREs associated with the >I
I-
CD
32 Wrecker's Cay Property and six hundred seventy-two(672)square feet of Nonresidential Rate <
33 of Growth Ordinance ("NROGO") exempt floor area associated with the Wrecker's Cay >
34 Property shall be available for transfer to an eligible receiver site(s) as specified in this
35 Agreement and per the Land Development Code and Comprehensive Plan.
36
37 C. All Parties have the authority to enter into this Agreement through Florida Statutes Chapter
38 163 and the sole and undivided ownership of the Wrecker's Cay Property.
39
40 D. Section 163.3220, Florida Statutes, authorizes Monroe County to enter into development
41 agreements with landowners and/or governmental agencies to encourage a stronger
42 commitment to comprehensive and capital facilities planning,ensure the provision of adequate
X
43 public facilities for development, encourage the efficient use of resources, and reduce the W
44 economic cost of development.
E
00180864-v1 00122598-v11 Page 1 of 20
I Packet Pg. 2639
1 E. This Agreement, among other things, is intended to and shall constitute a development E
2 agreement among the Parties pursuant to the Florida Local Government Development .2
3 Agreement Act, Section 163.3223, et seq.,Florida Statutes (the"Act"). >
4
5 F. The Parties recognize that the public noticing and hearing procedures shall follow the
6 requirements of Section 163.3225, Florida Statutes, which requires the local government to E
7 conduct two public hearings, one of which may be before the Planning Commission.
8
9 G. Monroe County finds that entering into this Agreement furthers the purposes, goals,objectives
10 and policies of the Monroe County Comprehensive Plan which contains goals and objectives
11 that seek to encourage the provision of affordable housing through incentive programs and
12 regulations (including but not limited to Goal 601, Objective 601.1, Objective 601.2 and
13 Objective 601.6).
14
15 H. Tropic Palms, 6125 Second Street, Stock Island, Florida is generally described as follows: C14
16 C�
17 1. Wrecker's Cay owns that certain real property located at 6125 Second Street, Stock Island,
18 Florida ("Tropic Palms"). A copy of the Deed evidencing Wrecker's Cay's ownership is
W
19 attached hereto and incorporated herein as Exhibit 1. Historically and currently Tropic in
20 Palms was and is being used as a Mobile Home/RV Park. >
W
21
22 2. Tropic Palms is legally described as set forth in Exhibit 2,attached hereto and incorporated
23 herewith.
24
25 3. As of the date of this Agreement,Tropic Palms is assessed by the Monroe County Property U)
26 Appraiser as real estate number 00124560-000000.
27
28 4. Tropic Palms currently has an Urban Residential Mobile Home ("URM") Land Use U)
29 (Zoning) District designation and a corresponding Residential High ("Rfl") Future Land
30 Use Map designation. A copy of the Land Use District Map and Future Land Use Map for
31 Tropic Palms is attached hereto and incorporated herein as Exhibit 3. >
32
33 5. Tropic Palms currently has a Tier Overlay District designation of Tier 111.
34
35 6. Tropic Palms consists of 1.89 acres, including 1.89 acres of upland and 0.00 acres of
36 submerged land.
JA
37
38 7. On February 21, 2008, the Acting Monroe County Senior Director of Planning and
39 Environmental Resources issued a Letter of Development Rights Determination("LDRD")
40 providing that Tropic Palms is entitled to twenty-five (25) market rate permanent
41 residential dwelling units'. A copy of the LDRD is attached hereto and incorporated herein
X
'The February 21,2008 LDRD recognized twenty-five market rate residential units as lawfully established as a result W
of Administrative interpretation No. 01-115, which provided that certain RV units were considered permanent
residential units. Administrative Interpretation No. 01-115 has since been rescinded by Administrative Directive
E
2012-01,and the ten(10)RVs previously recognized as permanent residential units are now recognized as transient
residential units.
00180864-v1 00122598-v11 Page 2 of 20
I Packet Pg. 2640
1 as Exhibit 4. Tropic Palms is lawfully recognized with fifteen (15)permanent residential E
2 units in the for of mobile homes, and ten (10) transient residential units in the for of .2
3 RVs. All twenty-five (25) units existing on Tropic Palms were developed prior to the >
4 implementation of ROGO,and are deemed to be ROGO exempt.
5
6 8. Contemporaneously with the approval of this Agreement, Tropic Palms' Land Use
7 (Zoning)District has been approved for amendment by Monroe County from URM to U .
8
9 I. Water's Edge, 5700 Laurel Avenue, Stock Island, Florida is generally described as follows:
10
11 1. Wrecker's Cay owns that certain real property located at 5700 Laurel Avenue,Stock Island
.2
12 Florida ("Water's Edge"). A copy of the Deed evidencing Wrecker's Cay's ownership is U)
13 attached hereto and incorporated herein as Exhibit 5. Historically and currently Water's
14 Edge was and is used as a Mobile Home/RV Park.
15 C14
16 2. Water's Edge is legally described as set forth in Exhibit 6,attached hereto and incorporated C�
17 herein.
18
W
19 3. As of the date of this Agreement,Water's Edge is assessed by the Monroe County Property (n
20 Appraiser as real estate number 00 124540-000000. >
W
21
22 4. Water's Edge currently has an Urban Residential ("UW') Land Use (Zoning) District
23 designation and a Residential High ("RH") Future Land Use Map designation. A copy of
24 the Land Use District Map and Future Land Use Map for Water's Edge is attached hereto
U)
25 and incorporated herein as Exhibit 7.
26
27 5. Water's Edge currently has a Tier Overlay District designation of Tier 111.
28 U)
29 6. Water's Edge consists of 6.65 acres, consisting of 3.18 upland acres and 3.47 submerged
30 acres.
31 >
32 7. On September 12, 2016, the Monroe County Senior Director of Planning and
33 Environmental Resources issued a LDRD providing that Water's Edge is entitled to fifty-
34 three (53) market rate residential Rate of Growth Ordinance (ROGO) exemptions; eight
35 (8)transient ROGO exemptions,and six hundred seventy-two(672)square feet of NROGO
36 exempt nonresidential floor area. The letter is attached hereto and incorporated herein as
JA
37 Exhibit 8.
38
39 J. Woodson, 6325 First Street, Stock Island,Florida is generally described as follows: 2
40
41 1. Wrecker's Cay owns that certain real property located at 6325 First Street, Stock Island,
42 Florida ("Woodson"). A copy of the Deeds evidencing Wrecker's Cay's ownership is
43 attached hereto and incorporated herein as Composite Exhibit 9. Historically and currently X
44 the Woodson was and is used as a Mobile Home Park. W
45
46 E
001.80864-v1 00122598-v11. Page 3 of 20
I Packet Pg. 2641
1 2. Woodson is legally described as set forth in Com osite Exhibit 1.0, attached hereto and E
p CL
2 incorporated herein. .2
3 >
4 3. As of the date of this Agreement, Woodson is assessed by the Monroe County Property
5 Appraiser as real estate numbers 00124550-000000 and 00124550-000100.
6
7 4. As of the date hereof,Woodson currently has an Urban Residential Mobile Home("URM")
8 Land Use(Zoning)District designation and a corresponding Residential High(RH)Future
9 Land Use Map designation. A copy of the Land Use District Map and Future
10 Land Use Map for Woodson is attached hereto and incorporated herein as Exhibit 11.
11
12 5. Woodson currently has a Tier Overlay District designation of Tier 111. .2 U)
13
14 6. Woodson consists of 3.29 acres,consisting of 1.79 upland acres and 1.50 submerged acres.
15
16 7. On March 13, 2012, the Monroe County Director of Planning and Environmental C�
17 Resources issued a Letter of Understanding providing that the Woodson Property is entitled
18 to twelve (12) Residential Rate of Growth Ordinance (ROGO) exemptions. The
19 letter is attached as Exhibit 12. W
(n
20 >
W
21 8. Contemporaneously with the approval of this Agreement, Woodson's Land Use (Zoning)
22 District has been approved for amendment by Monroe County from URM to U .
23
24 K. Road Abandonments
U
25 )
26 1. Contemporaneously with this Agreement, Monroe County has approved the abandonment
27 of the Eastern most portion of Laurel Avenue of which Wrecker's Cay has obtained
28 .24 additional acres. U)
29
30 2. Contemporaneously with this Agreement, Monroe County has approved the abandonment
31 of the Eastern most portion of McDonald Avenue of which Wrecker's Cay has obtained >
32 .65 additional acres.
33
34 3. Contemporaneously with this Agreement,Monroe County has approved the abandonment
35 of the Northern most portion of First Avenue of which Wrecker's Cay has obtained
36 .14 additional acres.
JA
37
38 4. The Road Abandonments add 1.03 acres to the total upland acreage to the Wrecker's Cay
39 Property.
40
41 L. Laurel Avenue Spit
42
43 1. The State of Florida and Monroe County have confirmed they do not own the spit that is X
44 adjacent to the Eastern End of Laurel Avenue. W
45
E
00180864-vI 00122598-v11 Page 4 of 20 <
I Packet Pg. 2642
1 2. Wrecker's Cay owns the Spit of real property located at Laurel Avenue adjacent to the E
2 Eastern End of Laurel Avenue, Stock Island, Florida ("Spit"). A copy of the Deed .2
3 evidencing Wrecker's Cay's ownership is attached hereto and incorporated herein as >
4 Exhibit 13.
5
6 3. The Spit is legally described as set forth in Exhibit 14, attached hereto and incorporated
7 herein.
8
9 4. The Spit contains 1.21 acres. The total upland acreage of the property including the road
10 abandonments and Spit is equal to 9.1 acres as depicted on the small map and sketch
11 attached as Exhibit 15.
.2
12 U)
13 11. PURPOSE
14
15 A. The overall purpose of this Agreement is to allow the Parties to implement the provisions of C14
16 Monroe County Comprehensive Plan Policy I 11.1.1 as applied to the Wrecker's Cay Property C�
17 in order to insure the continued provision of needed employee housing in the unincorporated
18 Lower Keys.
19 w
(n
20 B. The Agreement allows the redevelopment of the Wrecker's Cay Property in compliance with >
w
21 all applicable provisions of Florida Statutes, the Principles for Guiding Development in the
22 Florida Keys Area of Critical State Concern, the Monroe County Comprehensive Plan, the
23 Master Plan for the Future Development of Stock Island and Key Haven, and the Monroe
24 County Code.
U)
25
26 C. The Agreement allows the Parties to implement the provisions of Monroe County
27 Comprehensive Plan Policy I 11.1.1 as applied to the Wrecker's Cay Property in order to
28 supply needed affordable housing in the unincorporated Lower Keys and to allow for a U)
29 reasonable use of the Wrecker's Cay Property by allowing the transfer of market-rate
30 permanent residential TREs lawfully associated with the Wrecker's Cay Property.
31 >
32 D. Wrecker's Cay desires to transfer the TREs associated with Tropic Palms attributable to fifteen
33 (15) lawfully-established and recognized market-rate, per anent residential dwelling units
p >
34 (the "Tropic Palms Market Rate TREs") and ten (10) lawfully-established and recognized
35 transient residential dwelling units(the"Tropic Palms Transient TREs")from Tropic Palms to
36 Wrecker's Cay for future transfer to and development upon an eligible receiver site(s). The
JA
37 Parties hereto recognize that no transfer to a receiver site(s) or development of the TREs may
38 occur until fifteen (15) affordable residential dwelling units have commenced development
39 including, at a passing the first structural inspection.
40
41 E. This Agreement will allow for a reasonable use of Tropic Palms by allowing the transfer of
42 market rate TREs and transient TREs to an eligible receiver site(s),while assuring preservation :2
43 on the Wrecker's Cay Property of a number of residential dwelling units equivalent to the X
44 number of Tropic Palms Market Rate TREs as employee housing. w
45
46 E
00180864-v1 00122598-v11 Page 5 of 20
I Packet Pg. 2643
1 F. Wrecker's Cay desires to transfer the TREs associated with Water's Edge attributable to fifty- E
2 three (53) lawfully-established and recognized market-rate, permanent residential dwelling .2
3 units (the "Water's Edge Market Rate TREs"), eight (8) lawfully-established and recognized >
4 transient residential dwelling units(the"Water's Edge Transient TREs")to an eligible receiver
5 site. The Parties hereto recognize that no transfer to a receiver site(s) or development of the
6 Water's Edge Market Rate TREs may occur until fifty-three (53) affordable residential
7 dwelling units have commenced development including, at a passing the first structural
8 inspection. Water's Edge six hundred seventy-two (672) NROGO-exempt square feet (the 2
9 "Water's Edge NROGO") from Water's Edge shall be held by Wrecker's Cay for future
10 transfer to and development upon eligible receiver site(s). Transfer of the Water's Edge
11 OGO shall be governed by Monroe County Code Section 138-500).
.2
12 U)
13 G. This Agreement will allow for a reasonable use of Water's Edge by allowing the transfer of
14 market-rate TREs, transient TREs, and NROGO to eligible receiver site(s), while assuring
15 preservation on the Wrecker's Cay Property of a number of residential dwelling units C14
CD
16 equivalent to the number of Water's Edge Market Rate TREs as employee housing. C�
17
18 H. Wrecker's Cay desires to transfer the TREs attributable to twelve (12) lawfully-established
W
19 and recognized market-rate,permanent residential dwelling units from Woodson to an eligible (n
20 receiver site. The Parties hereto recognize that no transfer to a receiver site(s)or development >
W
21 of the TREs or TDRs may occur until twelve (12) affordable residential dwelling units have
22 commenced development including, at a passing the first structural inspection.
23
24 I. This Agreement will allow for a reasonable use of Woodson by allowing the transfer of market-
25 rate TREs to an eligible receiver site, while assuring preservation on the Wrecker's Cay U)
26 Property of an equivalent number of residential dwelling units as affordable housing.
27
28 111.AGREEMENT REQUIREMENTS U)
29
30 A. Recitals. The recitals explaining the intent and purpose of the project as set forth in the
31 preceding clauses are incorporated herein and for a material part of this Agreement. >
32 The Parties recognize the binding effect of Florida Statutes Sections 163.3220-163.3243, as to
33 the form and content of this Agree ment and in accordance therewith set forth.and agree to the
>
34 following.
35
36 B. Legal Description and Ownership. The legal descriptions for the Wrecker's Cay Property
JA
37 subject to this Agreement are set forth in Exhibits 2, 6, 10, and 14.
38
39 C. Duration of Agreement. This Agreement shall remain in effect for ten (10) years from the 2
40 "Effective Date"as defined herein, and may be extended by mutual consent of the Parties and
41 approval at a public hearing, in accordance with Section 163.3229, Florida Statutes. For the
42 duration of this Agreement, the Parties agree that any development shall comply with and be
43 controlled by this Agreement, the Monroe County Code, and the Monroe County X
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44 Comprehensive Plan governing the development of land in effect on the date of execution of
45 this Agreement, in accordance with Section 163.3220,Florida Statutes.
46 E
00180864-v1 00122598-v11 Page 6 of 20 <
I Packet Pg. 2644
1 D. Permitted ses® E
2 .2
3 1, Wrecker's Cay Property, 5700 Laurel Avenue, Stock Island, Florida; 6125 Second Street,
4 Stock Island, Florida; 6325 First Street, Stock Island,Florida:
5
6 a. The Wrecker's Cay Property currently has a UR Land Use (Zoning) District E
7 designation and a corresponding RH Future Land Use Map designation.
8
9 b. In accordance with this Agreement and with the RH Future Land Use Map category,
10 as set forth in Monroe County Comprehensive Plan Policy 101.5.4, the principal
11 purpose of the RH Future Land Use Map category is to provide for high density single-
.2
12 family, multi-family, and institutional residential development, including mobile U)
13 homes and manufactured housing, located near employment centers.
14
15 c. In accordance with this Agreement and with the UR Land Use(Zoning)District, as set
16 forth in Monroe County Code Section 130-98,and in compliance with other provisions C�
17 of the Monroe County Code,the permitted uses in the UR Land Use (Zoning)District 17
18 include detached dwellings, attached dwelling units (as a minor conditional use), and
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19 accessory uses. (n
20 >
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21 d. Pursuant to Monroe County Comprehensive Plan Policy 111.1.1, the Wrecker's Cay
22 Property is located within the Stock Island Workforce Area 1.
23
24 e. In accordance with the provisions of Monroe County Comprehensive Plan Policy
25 111.1.1, and notwithstanding any other provisions of the Monroe County
26 Comprehensive Plan or Monroe County Code, (1) the Wrecker's Cay Property has a
27 maximum net density of forty (40)units per buildable acre,the development of which
28 shall not require transferrable development rights; (2) buildings that are voluntarily
29 elevated up to three (3) feet above base flood elevation may be three (3) habitable
30 floors; (3) parking requirements are one (1) parking space per one bedroom unit, two
31 (2) parking spaces per two bedroom unit, and three (3) parking spaces per three >
32 bedroom unit; (4) nonresidential uses are prohibited, but accessory uses to the
33 residential development, such as a shoreside access facility associated with an adjacent
34 County-owned mooring field, club house or recreational facilities, are permitted; (5)
35 no market rate or transient residential units are allowed to be developed or operated;
36 and (6) all habitable buildings located within the 65 - 69 DNL (Day-Night Average
JA
37 Sound Level) noise contour pursuant to the 2013 Navy Environmental Impact
38 Statement must be sound attenuated to 25 dB (DNL), however no portion of the
39 Wreckers Cay Property is within the 65 —69 DNL noise contour.
40
41 f. The redevelopment of the Wrecker's Cay Property includes the addition of up to two
42 hundred eighty (280) affordable residential dwelling units, and accessory uses. :2
43 X
44 9. The height of any new structure associated with the redevelopment of the Wrecker's W
45 Cay Property shall not have any habitable floor area above 38 feet from grade,
46 mechanical equipment and architectural features utilized to hide mechanical E
00180864.-v1 00122598-v11 Page 7 of 20
I Packet Pg. 2645
1 equipment, including parapets, may be up to 44 feet above grade, and such structures E
2 may contain three (3) habitable floors. For purposes of measuring height, grade shall .2
3 be 6.12 feet as depicted in the topographic survey attached as Exhibit 16. >
4
5 E. Public Facilities. The impact on public facilities is nominal. The numbers of existing
6 residential dwelling units were recognized in the planning of the sewage treatment plant E
7 serving Stock Island.
8
9 1. The Florida Keys Aqueduct Authority provides domestic potable water to the Wrecker's
10 Cay Property. Excluding existing development that may already be metered, the Florida
11 Keys Aqueduct Authority will individually meter each new affordable residential dwelling
.2
12 unit. In addition, the Florida Keys Aqueduct Authority will meter accessory development A
13 accordingly.
14
15 2. Keys Energy Services provides electric service to the Wrecker's Cay Property.
16 Keys Energy Services will individually meter each new affordable residential dwelling C�
17 unit. In addition, Keys Energy Services will meter accessory development accordingly.
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18 o
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19 3. Solid waste service is provided to the Wrecker's Cay Property by a solid waste collection (n
20 system franchised by Monroe County. >
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21
22 4. The Wrecker's Cay Property is connected to central sewer via KW Resort Utilities Corp.'s
23 system.
24
25 5. Based on preliminary traffic concurrency review, the proposed development is currently U)
26 within 5% below LOS C. In order to be in compliance with Monroe County
27 Comprehensive Plan Policies 301.1.1, 301.1.2, 301.2.2, 301.2.3 and 301.2.4 as well as
28 Land Development Code Sections 114-2(a)(I)a., b., and c., mitigation, or sufficient U)
29 evidence acceptable to Monroe County that the potential trip generation does not exceed
30 LOS C, must be provided prior to issuance of a building permit for the proposed
31 development. Mitigation may be in the form of specific improvements or proportioned >
32 shared contribution towards improvements and strategies identified by the County,and/or
33 FDOT to address any level of service degradation beyond LOS C and/or deficiencies.The
34 applicant shall submit evidence of an agree et between the applicant and the FDOT for
35 inclusion in any contract or agreement for improvements to US 1. For roadway
36 improvements required, the applicant/owner may utilize the following, pursuant to Land
JA
37 Development Code Section 114-2(b)(5)c.:
38 a. The necessary facilities and services are in place at the time a development permit is
39 issued; or
40 b. The necessary facilities and services are in place at the time a certificate of occupancy,
41 or its functional equivalent is issued. Prior to commencement of construction, the
42 applicant shall enter into a binding and legally enforceable commitment to the County
X
43 to assure construction or improvement of the facility; or W
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00180864 v1 00122598-v11 Page 8 of 20
I Packet Pg. 2646
1 c. A binding executed contract in place at the time a permit is issued which provides for E
0.
2 the commencement of the actual construction of the required facilities or provision of .2
0
3 services; or >
4 d. An enforceable development agreement guaranteeing that the necessary facilities and
5 services will be in place with the issuance of a permit. An enforceable development is
6 agreement may include, but is not limited to, development agreements pursuant to E
0
19
7 section 163.3220, F.S., or an agreement or development order issued pursuant to 0
8 Chapter 380, F.S., or 2
3:
9 e. A proportionate share contribution or construction that is sufficient to accomplish one
10 or more mobility improvement(s) that will benefit a regionally significant
11 transportation facility. A proposed proportionate fair-share mitigation shall be
12 reviewed pursuant to LDC Section 126-2. >
13
14 F. Reservation or Dedication of Land. Wrecker's Cay shall provide Monroe County a cv
15 shoreside access facility open to the public, subject to reasonable rules and regulations and Cv
16 hours,which shall provide, at a minimum dinghy dockage for a mooring field with up to forty
17 (40)mooring balls, dockside pumpout facility,trash/recycling receptacles, along with an area
18 to develop a minimum 400 square foot office/amenity building. Monroe County shall be W
(n
19 responsible for the cost of development and all costs of operations of the shoreside access >
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20 facility. The dockside facility identified on the Southeast comer of the Wrecker's Cay Property
21 is conditionally accepted to so long as the preceding requirements can be met.
22
23 G. Development Allowed. The following specific criteria are those which will guide
24 development of the Wrecker's Cay Property,and are standards by which any further approvals
25 shall be measured and shall be as follows:
26 tt:
27 a. The Wrecker's Cay Property consists of 9.1 acres of upland. There currently exist U)
28 eighty(80)market-rate residential dwelling units, eighteen(18)transient units,and six
29 hundred seventy-two (672)non-residential square feet of floor area.
30
31 b. Wrecker's Cay is permitted to transfer eighty(80) market-rate TREs and eighteen(18)
32 transient TREs to an eligible receiver site through a for conditional use permit per
33 Monroe County Code Section 138-22, regardless of receiver site Land Use (Zoning)
34 District. The six hundred seventy-two (672) square feet of NROGO exempt
35 nonresidential floor area will. be held by Wrecker's Cay for future transfer from the
36 Wrecker's Cay Property to an eligible receiver site(s). The market-rate TREs shall not JA
37 be developed on an eligible receiver site until Wrecker's Cay have commenced
38 development including passing the first structural inspection. Transfer of the eighteen
39 (18)transient TREs to an eligible receiver site(s) shall be governed by Monroe County
40 Code Section 138-22, and transfer of the six hundred seventy-two (672) NROGO-
41 exempt nonresidential square feet shall be governed by Monroe County Code Section
42 138-500).
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43 W
4i
44 c. Provided such development can be designed and approved by all applicable codes,
45 including but not limited to the Monroe County Code and Florida Building Code, E
00180864-vI 00122598-vII Page 9 of 20
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1 Wrecker's Cay is permitted to develop the following buildings,facilities and structures 0.
2 on the Wrecker's Cay pursuant to this Agreement: .2
3 >
4 L Up to two hundred eighty (280) new attached, affordable residential dwelling
5 units deed restricted toemployee housing.
6
7 ii. Accessory structures and uses, including a shoreside access facility consisting
8 of dinghy docks, dockside pump out facility and/or dockage for pump out 2
9 vessel, an office and amenities, and which also may include but shall not be
10 limited to swimming pool, clubhouse, and guardhouse.
11
12 iii. Parking areas and landscaping.
13
14 H. Deed Restrictions for Affordable Housing. The Wrecker's Cay Property shall have a single
15 deed-restriction for two hundred eighty (280) affordable housing units deed restricted to C14
16 employee housing and shall be recorded on all land described in Exhibits 2,6, 10, and 14. The C�
17 income categories for the 280 units shall consist of One Hundred Forty(140)moderate income
18 units, Seventy Median(70) median income units, and Seventy(70) low income units.
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19 (n
20 1. Affordability Compliance. >
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21
22 a. Affordable housing definitions.
23
24 i. Affordable housing means residential dwelling units that meet the following
U)
25 requirements:
26
27 a. Meet all applicable requirements of the United States Department of Housing
28 and Urban Development minimum property standards as to room sizes, U)
29 fixtures, landscaping and building materials, when not in conflict with
30 applicable laws of Monroe County; and
31 >
32 b. A dwelling unit whose monthly rent, not including utilities, does not exceed
33 30 percent of that amount which represents either 50 percent (very low >
34 income) or 80 percent (low income) or 100 percent (median income) or 120
35 percent(moderate income)of the monthly median adjusted household income
36 for the county.
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37
38 ii. Affordable housing trust fund, means a trust fund established and maintained by the 0
39 county for the purpose of preserving existing and promoting creation of new
40 affordable and employee housing. Funds collected for and deposited in the trust
41 fund shall be used exclusively for purposes of creating, preserving or maintaining
42 affordable and employee housing in the Florida Keys.
43 X
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44 iii. Affordable rental housing, low income, means a dwelling unit whose monthly rent,
45 not including utilities, does not exceed 30 percent of the amount that represents 80
46 percent of the monthly median adjusted household income for the county. E
00180864-vI 00122598-v11 Page 10 of 20
1 Packet Pg. 2648
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2 iv. Affordable rental housing, median income, means a dwelling unit whose monthly .2
3 rent,not including utilities,does not exceed 30 percent of the amount that represents
4 100 percent of the monthly adjusted median household income for the county.
5 V. Affordable rental housing, moderate income, means a dwelling unit whose monthly
6 rent,not including utilities,does not exceed 30 percent of the amount that represents E
7 120 percent of the monthly median adjusted household income for the county.
8 vi. Affordable rental housing, very low income, means a rental dwelling unit whose 2
9 monthly rent, not including utilities, does not exceed 30 percent of the amount that
10 represents 50 percent of the monthly median adjusted household income for the
11 county.
.2
12 U)
13 vii. Employee housing means an attached or detached dwelling unit that is intended to 0
14 serve as affordable, permanent housing for working households, which derive at
15 least 70 percent of their household income from gainful employment in the county
16 and meet the requirements for affordable housing as defined in this section and as C�
17 per section 130-161.
18
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19 (n
20 >
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22 viii. Median income, rental rates and qualifying incomes table, means eligibility
23 requirements compiled each year by the planning department based upon the
24 median annual household income published for the county on an annual basis by
25 the U.S. Department of Housing and Urban Development and similar information
26 for median and moderate income levels from the Florida Housing Finance
27 Corporation. Affordable housing eligibility requirements for each household will
28 be based upon median annual household income adjusted by family size,as set forth
U)
29 by the U.S. Department of Housing and Urban Development and the Florida
30 Housing Finance Corporation. The county shall rely upon this information to
31 determine maximum rental rates and maximum household incomes eligible for
32 affordable housing rental or purchase.
33
34 ix. Monthly median household income means the median annual household income for
35 the county divided by 12.
36
37 b. Requirements JA
38
39 i. Tourist housing use or vacation rental use of affordable or employee housing units 2
40 is prohibited. 3:
41 CO
42 ii. The parcel of land proposed for development of affordable oremployee housing
43 shall only be located within a tier III designated area.
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44 W
4i
45 iii. During occupancy of any affordable housing rental unit, not otherwise limited by
46 state or federal statute or rule concerning household income, a household's annual E
47 income may increase to an amount not to exceed 140 percent of the median
00180864-vi 00122598-v11 Page 1.1 of 20
1 Packet Pg. 2649
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1 household income for the county. If the income of the lessee exceeds this amount, 0.
2 the tenant's occupancy shall terminate at the end of the existing lease term. The .2
3 maximum lease for any term shall be three years or 36 months.
4
5 iv. Pursuant to Monroe County Code Section 139-1(a)(6)(i),when establishing a rental
6 amount, Monroe County shall assume family size as indicated in the table below.
7 This section shall not be used to establish the maximum number of individuals who
8 actually live in the unit. This table shall be used in conjunction with the eligibility 2
9 re quirements created by Monr e County Code Section 101-1:
Size of Unit Assumed Family Size Minimum Occupancy
0
Efficiency(no separate) I I
One bedroom 2 1
Two bedroom 3 2
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Three bedrooms 4 3
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Four or more bedrooms 5 1 per bedroom W
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11 V. The income of eligible households shall be determined by counting only the first
12 and highest paid 40 hours of employment per week of each unrelated adult. For a
13 household containing adults related by marriage or a domestic partnership
14 registered with the county, only the highest 60 hours of the combined employment
15 hours shall be counted, which shall be considered to be 75 percent of the adjusted
16 gross income. The income of dependents regardless of age shall not be counted in
17 calculating a households income.
U)
18
19 c. At Monroe County's request, Wrecker's Cay, its successors and assigns, shall provide
20 Monroe County with an annual report demonstrating compliance with the eligibility
21 requirements of Monroe County Code Section 139-1. >
22
23 J. Development and Affordable Housing Standards. The development standards shall be >
24 determined by the application of the standards contained in the Monroe County
25 Comprehensive Plan and the Monroe County Code. Further, the following specific
26 standards shall apply to the development or deed restriction of the affordable housing units.
JA
27
28 a. Neither tourist housing use nor vacation rental use of the affordable housing units
29 established on the Wrecker's Cay Property, or any other affordable housing resulting
30 from this Agreement shall be allowed.
31
32 b. Monroe County Code Comp. Plan Policy I 11.1.1 provides the following requirements
33 for this Agreement: X
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34
35 1. Notwithstanding the density standards set forth in Policy 101.5.25, the Maximum
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36 Net Density of the Stock Island Workforce Subarea 1. shall be 280 affordable
00180964 v1 00122598-v11 Page 12 of 20
1 Packet Pg. 2650
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1 dwelling units at a density of 40 dwelling units per buildable acre for property 0.
2 within the UR zoning districts and shall not require transferable development rights. .2
3
4 2. There shall be no allocated or maximum net density standard available for market
5 rate dwelling units or transient units.
6
7 3. The maximum floor area ratio (FAR)for all nonresidential uses within the subarea
8 shall be zero. A shoreside support facility associated with a mooring field as an 2
9 accessory use associated with the Wreckers Cay project within the RE FL UM and
10 UR Zoning District.
11
12 4. The height of any new structure associated with the redevelopment of the
13 Wrecker's Cay Property shall not have any habitable floor area above 38 feet from
14 grade;mechanical equipment and architectural features utilized to hide mechanical
15 equipment, including parapets, may be up to 44 feet above grade; and such
16 structures may contain three(3)habitable floors. C�
17
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18 o
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19 5. Nonresidential uses shall be prohibited. Accessory uses to the residential (n
20 development, such as a club house or recreational facilities, are permitted. >
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21 A shoreside support facility associated with a mooring field as an accessory use
22 associated with the Wrecker's Cay project within the RH FLU M and UR Zoning
23 District is permitted.
24
U)
25 6. All new residential units developed within the Stock Island Workforce Subarea I
26 shall be subject to the ROGO permit allocation system.
27
28 7. The protest procedures set forth within See. 102-158(d)(8) are applicable to U)
29 applications submitted under this Policy I 11.1.1.
30
31 8. A development agreement shall be required for any proposed development of an >
32 affordable housing project within the Stock Island Workforce Subarea I to define
33 the income category distribution for the proposed development. >
34
35 9. All new affordable units developed within the Stock Island Work-force Subarea I
36 shall require occupants to derive at least seventy percent (70%) of their household
JA
37 income from gainful employment in Monroe County.
0
38
39 10. The affordable dwelling units shall be rental units only.
40
41 c. For Monroe County to monitor receipt of the affordable housing OGO allocations,
42 the Parties agree the Board of County Commissioners may approve the allocation
43 reservation by resolution concurrent with this development agreement. It is intended X
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44 that the initial Resolution be consistent with Monroe County Code Section 138-
45 24(b)(4) as follows:
46 E
00180864-v1 00122598-v11 Page.1.3 of 20
1 Packet Pg. 2651
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1 1. By a corresponding resolution, the Board of County Commissioners shall reserve 0.
2 One Hundred Forty(140)moderate income affordable ROGO allocations, Seventy .2
3 Median (70) median income affordable ROGO allocations, and Seventy (70) low
4 income affordable ROGO allocations for award to the Wrecker's Cay Property
5 which reservation shall be in effect for five(5)years from the effective date of this
6 agreement.
7
8 2. The Board of County Commissioners may,at its discretion,place conditions on any 2
9 reservation, as it deems appropriate.
10
11 d. Pursuant to Monroe County Code Section 139-1(f)(8),upon written agreement between
.2
12 the Monroe County Planning Director and an eligible governmental or
13 nongovernmental entity, the Planning Director may authorize that entity to administer
14 the eligibility and compliance requirements for the Monroe County Planning
15 Department under (f)(3), (f)(4), (f)(5) and (f)(6) of this section. Under such an C14
16 agreement, the eligible entity is authorized to qualify a potential renter of affordable C�
17 employee housing , and annually verify the employment and/or income eligibility of
18 tenants pursuant to (f)(2) of this section. The entity shall still be required to provide
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19 the Monroe County Planning Department, by January I of each year, a written (n
20 certification verifying that tenants of each affordable employee housing meet the >
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21 applicable employment and income requirements of (f)(2). The following
22 governmental and nongovernmental entities shall be eligible for this delegation of
23 authority: a) the county housing authority, not-for-profit community development
24 organizations, pursuant to Section 139-1(e), and other public entities established to
25 provide affordable housing; b) private developers or other nongovernmental U)
26 organizations participating in a federal/state housing financial assistance or tax credit
tt:
27 program or receiving some form of direct financial assistance from Monroe County; or
28 c) nongovernmental organizations approved by the Board of County Commissioners U)
29 as affordable housing providers.
30
31 Via this Agreement, the Board of County Commissioners has approved the Parties >
32 of this Agreement (other than Monroe County), which are nongovernmental
33 organizations, as an affordable housing provider. Any qualifier chosen by the Parties >
34 (other than Monroe County) shall be approved by the Planning Director in accordance
35 with(f)(8) of this section.
36
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37 K. Site an Approval: The conceptual site plan is attached as Exhibit 17.
38 The development shall be consistent with all applicable codes, including but not limited to 0
39 the Monroe County Comprehensive Plan and Monroe County Land Development Code.
40 Following a review of compliance with such codes,the final site plan must be approved by
41 the Monroe County Planning Commission as a major conditional use permit.The Planning
42 Commission has final authority over the site plan and the site plan may be amended by the
43 Planning Commission. X
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44
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00180864-vI 00122598 v11 Page 14 of 20
1 Packet Pg. 2652
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I L. Finding of Consistency. By entering into this Agreement, Monroe County finds that the 0.
2 development permitted or proposed herein is consistent with the Monroe County .2
3 Comprehensive Plan and Monroe County Code.
4
5 M. Breach,Amendment,Enforcement, and Termination.
6
7 a. Material Breach: A material breach by the Parties is the failure of any Party to comply
8 with the terms of this Agreement after Notice as provided herein. 2
9 3:
10 b. Notice: Upon any Party's material breach of the terms and conditions of this ;=1
11 Agreement, the non-breaching Party shall serve written Notice of the breach upon the
12 breaching Party pursuant to the procedure established in this Agreement and shall
13 provide the opportunity, within ninety (90) days of the date such Notice is served, to
14 propose a method of fulfilling the Agreement's terms and conditions or curing the
15 breach. The breaching Party shall be provided an additional ninety (90) days to cure N
16 the material breach or to negotiate an amendment to this Agreement within a reasonable Cd
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17 time,as mutually agreed to by the Parties. This Agreement is not subject to arbitration
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18 and must be amended in accordance with the statutory requirements. o
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19 (n
20 c. Amendment or Termination: The Parties hereto shall at all times adhere to the terms >
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21 and conditions of this Agreement. Amendment, termination, extension, or revocation
22 of this Agreement shall be made in accordance with the notification and procedural
23 requirements set forth herein.
24
25 i. Amendments to this Agreement shall subject Parties to the laws and policies in
26 effect at the time of the amendment only if the conditions of Section 163.3233(2),
27 Florida Statutes, are met.
28
29 ii. No modifications, extensions, amendments, or alterations of the terms or
30 conditions contained herein shall be effective unless contained in a written
31 document approved and executed by the Parties. >
32 iii. Amendment, extension or termination shall require at least two (2) public
33 hearings. The hearings shall be held pursuant to an application filed with Monroe >
34 County by the Party seeking to amend or terminate this Agreement, along with
35 the requisite filing fee. Notice of public hearing shall be in accordance with
36 Monroe County Ordinances and Florida Statutes.
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37
38 d. Enforcement:
39
40 i. After notice and an opportunity to respond and/or cure the material breach as
41 provided for below. In addition, Monroe County may utilize appropriate code
42 compliance remedies to cure any breach after notice and an opportunity to cure
43 as provided herein. X
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44
45 ii. Monroe County, the other Parties, their successors or assigns, or any aggrieved
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46 or any adversely affected person as defined in Section 163.3215(2), Florida
00180864-v1 00122598-v1 I Page 15 of 20
1 Packet Pg. 2653
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1 Statutes, may file an action for injunctive relief in the Circuit Court of Monroe 0.
2 County to enforce the terms of this Agreement or to challenge compliance with .2
3 the provisions of Sections 163.3243,Florida Statutes.
4
5 iii. Nothing contained herein shall limit any other powers, rights, or remedies that
6 either party has, or may have in the future, to enforce the terms of this
7 Agreement.
8
9 N. Binding Effect of Agreement. The covenants,agreements, and obligations herein contained,
10 except as herein otherwise specifically provided, shall extend to, bind and inure to the benefit
11 of the Parties hereto and their respective personal representatives,heirs,successors and assigns.
.2
12 U)
13 O. State and Federal Law. If State or Federal laws enacted after the effective date of this
14 Agreement preclude either Party's compliance with the terms of this Agreement, this
15 agreement shall be modified as is necessary to comply with the relevant State or Federal Laws. C14
16 C�
17 P. Compliance with Other Laws. The failure of this Agreement to address a particular permit,
18 condition, term, or restriction shall not relieve the Parties of the necessity of complying with
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19 the laws governing said permitting requirements, conditions,terms or restrictions. (n
20 >
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21 Q. Reservation of Rights. This Agreement shall not affect any rights, which may have accrued
22 to any party to this Agreement under applicable law. The Parties reserve any and all such
23 rights. All approvals referenced in this Agreement are subordinate to compliance with all
24 applicable laws, codes, and land development regulations and permits, except to the extent
25 otherwise provided for in this Agreement. U)
26
27 R. No Permit. This Agreement is not and shall not be construed as a Development Permit,
28 Development Approval or authorization to commence development, nor shall it relieve the U)
29 Parties other than Monroe County of the obligations to obtain necessary Development
30 Approvals that are required under applicable law and under and pursuant to the terms of this
31 Agreement and Monroe County Code. >
32
33 S. Good Faith; Further Assurances; No Cost. The Parties to this Agreement have negotiated
34 in good faith. It is the intent and agreement of the Parties that they shall cooperate with each
35 other in good faith to effectuate the purposes and intent of, and to satisfy their obligations
36 under, this Agreement in order to secure themselves the mutual benefits created under this
JA
37 Agreement. The Parties agree to execute such further documents as may be reasonably
0
38 necessary to effectuate the provisions of this Agreement; provided that the foregoing shall in
39 no way be deemed to inhibit, restrict or require the exercise of Monroe County's police power
40 or actions of Monroe County when acting in a quasi-judicial capacity. Wherever in this
41 Agreement a provision requires cooperation,good faith or similar effort to be undertaken at no
42 cost to a party, the party co-operating, reviewing or undertaking the effort shall, nonetheless,
43 bear its cost of attendance at meetings,hearings,or proceedings and comment and/or execution X
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44 of documents, inclusive of the expense of its counsel.
45
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00180864-v1 00122598-v11 Page 16 of 20 <
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1 T. Successors and Assigns. This Agreement shall constitute a covenant running with the land 0.
2 which shall be binding upon the Parties hereto,their successors in interest, heirs, assigns, and .2
3 personal.representatives.
4
5 U. Joint Preparation. This Agreement has been drafted with the participation of the Parties and
6 their counsel, and shall not be construed against any party on account of draftsmanship. The
7 captions of each article, section and subsection contained in this Agreement are fore ease of
8 reference only and shall not affect the interpretational meaning of this Agreement. Whenever
9 the term "included" is used in this Agreement, it shall mean that the included items, or terms
10 are included without limitation as to any other items or terms,which may fall within the listed
11 category.
.2
12 U)
13 V. Notices. All notices,demands,requests or replies provided for or permitted by this Agreement 0
14 shall be in writing and may be delivered by any one of the following methods: (a)by personal W
15 delivery; (b) by deposit with the United States Postal Service as Certified or Registered mail,
16 return receipt requested, postage prepaid,to the addresses stated below; or(c)by deposit with C�
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17 an overnight express delivery service with proof of receipt to the addresses stated below.
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18 Notice shall be deemed effective upon receipt. For purposes of notice, demand, request, or o
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19 replies: W
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21
22 The address of Monroe County shall be:
23
24 County Administrator
25 1100 Simonton Street,
26 Room 2-205
27 Key West,Florida 33040
28
29
30
31 >
32 And a copy to: 1-1
33
34 Robert Shillinger,Esq.
35 County Attorney
36 PO Box 1026
37 Key West,Florida 33041
38
39 and
40
th
41 1111 12 Street, Suite 408
42 Key West,Florida 33040
43
X
44 The address of Wrecker's Cay shall be: W
45
46 Victor Ballestas E
47 C/O Integra Investments, LLC
00180864 v1 00122598-v11 Page 17 of 20
1 Packet Pg. 2655
1 1,50 SE 2nd Ave, Suite 800 E
2 Miami,FL 33131. .2
3 >
4 And a copy to:
5
6 Barton W. Smith, Esq. E
7 Smith Hawks,P.L.
8 138 Simonton Street 2
9 Key West,Florida 33040
10
11 It is the responsibility of the Parties to promptly notify all other Parties of any change in
12 name or address for receipt of notice, demand,request, or replies. U)
13
14 W. Force Majere. Any prevention, delay or stoppage due to strikes, lockouts, labor disputes,
15 acts of God, inability to obtain labor or materials or reasonable substitutes therefore,riot,civil
16 commotion, fire or other casualty and other causes beyond the reasonable control of the party C�
17 obligated to perform, excluding the financial inability of such party to perform and excluding
18 delays resulting from appeals or rehearing, shall excuse the performance by such party for a
W
19 period equal to any such period of prevention, delay or stoppage. In order to avail itself of this (n
20 force majeure provision, the party invoking the same shall provide the other_party with a >
W
21 written notice that shall consist of a recitation of all events that constitute force majeure events
22 under this Section,together with the beginning and ending dates of such events.
23
24 X. Construction. This Agreement shall be construed in accordance with the laws of the State of
25 Florida. The Parties to this Agreement have participated fully in the negotiation and
26 preparation hereof; and, accordingly, this Agreement shall not be more strictly construed
27 against any one of the Parties hereto. In construing this Agreement,the use of any gender shall
28 include every other and all genders, and captions and section and paragraph headings shall be
29 disregarded. All of the exhibits attached to this Agreement are incorporated in, and made a
30 part of,this Agreement.
31 Y. Omission. The Parties hereto recognize and agree that the failure of this Agreement to address >
32 a particular permit,condition,terms or restriction shall not relieve either Party of the necessity
33 of complying with the law governing said permitting requirements, conditions, term, or >
34 restriction notwithstanding any such omission.
35
36 Z. Jurisdiction and Governing Law. The Parties hereto agree that any and all suits or actions
JA
37 at law shall be brought in Monroe County, Florida and no other jurisdiction. This Agreement
0
38 shall be construed and interpreted under the laws of the State of Florida.
39
40 AA.Attorney's Fees and Costs. The Parties agree that in the event any cause of action or
41 administrative proceeding is initiated or defended by any party relative to the enforcement or
42 interpretation of this Agreement,the prevailing party shall be entitled to reasonable attorney's
43 fees, court costs, as an award against the non-prevailing party, and shall include attorney's X
W
44 fees, courts costs, in appellate proceedings. Mediation proceedings initiated and conducted
45 pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure
46 and usual and customary procedures required by the circuit court of Monroe County. E
00180864-v1 00122598-v11 Page 18 of 20
I Packet Pg. 2656
E
0.
2 BB.Time of Essence. Time shall be of the essence for each and every provision of this Agreement. .2
3 >
4 CC.Entire Agreement. This Agreement, together with the documents referenced herein,
5 constitute the entire agreement and understanding among the Parties with respect to the subject
6 matter hereof, and there are no other agreements, representations or warranties other than as
7 set forth herein. This Agreement may not be changed, altered or modified except by an
8 instrument in writing signed by the Party against whom enforcement of such change would be 2
9 sought and subject to the requirements for the amendment of development agreements in the
10 Act.
11
.2
12 DD.Counterparts. This Agreement may be executed in one or more counterparts,and by different A
13 Parties hereto in separate counterparts, each of which when executed shall be deemed to an
14 original but all which taken together constitute one and the same agreement.
15 C14
16 EE. Recording. Monroe County shall record this Agreement with the Clerk of the Circuit Court C�
17 of Monroe County within fourteen(14)days following signature by all Parties. Wrecker's Cay
18 agrees that it shall be responsible for all recording fees and other related fees and costs related
W
19 to the recording and delivery of this Agreement as described in this section. The provisions (n
20 hereof shall remain in full force and effect during the term provided herein and shall be binding >
W
21 upon all successors in interest to the Parties to this Agreement.
22
23 FF. Conflicting Resolutions. All resolutions or parts thereof in conflict with the provisions of this 0
24 Agreement and its resolution are hereby repealed to the extent of such conflict.
U)
25
26 GG.Severy bill ty. If any part of this Agreement is contrary to, prohibited by, or deemed invalid 0
27 under any applicable law or regulation, such provisions shall be inapplicable and deemed
28 omitted to the extent so contrary, prohibited, or invalid; however, the remainder of the U)
29 Agreement shall not be invalidated thereby and shall be given full force and effect as if the
30 contrary,prohibited, or invalid provision was never a part hereof.
31 >
32 IV. Effective Date. The "Effective Date" of this Agreement is forty-five (45) days after the duly
33 signed and recorded Agreement is received by the Florida Department of Economic
34 Opportunity pursuant to Chapter 380, Florida Statutes, and if appealed, until the appealed is
35 resolved.
36
JA
37
38 IN WITNESS WHEREOF, the Parties hereto have set their hands and seals on the day and year
39 below written.
40
41 WRECKER'S CAY APARTMENTS AT STOCK ISLAND,LLC
42
43 By: ......... ---------------- X
44 W
45 Title:
..........
46
00180864-v1 00122598-v11 Page 19 of 20
I Packet Pg. 2657
E
1 Date: CL
2 .2
3 The foregoing instrument was acknowledged before me on this day of >
4 2020,by. ....._ the managing member of Wreckers Cay Apartments at Stock Island,
5 LLC. He is personally known to me and did not take an oath.
6
7
8
9
10
11
12 U)
13 ATTEST: KEVIN MADOK, CLERK MONROE COUNTY BOARD OF
14 COUNTY COMMISSIONERS
15 C14
16 Iq C�
................. ---------- -----------
Ir-
17 DEPUTY CLERK MAYOR
W
W
U)
U)
x
W
E
00180864-v1 00122598-v11 Page 20 of 20
1 Packet Pg. 2658
07
1
2
3 DEVELOPMENT AGREEMENT
4
5 THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into on the day
6 of 2020, by and between Monroe County, Florida, a Political
7 Subdivision of the State of Florida ("Monroe County"), Wrecker's Cay Apartments at Stock
8 Island, LLC, a Florida limited liability company ("Wrecker's Cay") ( individually a "Party" and
9 collectively, the "Parties"), pursuant to Monroe County Comprehensive Plan Policy 111.1.1 and
10 Sections 110-132 and 110-133 of the Monroe County, Florida, Code of Ordinances ("Monroe
11 County Code"), and the Florida Local Government Development Agreement Act,Florida Statutes
12 Sections 163.3220-163.3243 (2018), and is binding on the "Effective Date" set forth herein:
13
14 WITNESSETH:
15
16 The Parties hereby agree as follows:
17
18 I. RECITALS
19
20 A. This Agreement involves the redevelopment of property located at 5700 Laurel Avenue, Stock
21 Island, Florida, historically known as Water's Edge Colony Trailer Park ("Water's Edge");
22 6125 Second Street, Stock Island, Florida, currently known as Tropic Palms Mobile Home
23 Park and historically known as Rolf s Trailer Park ("Tropic Palms"), and 6325 First Street,
24 Stock Island, Florida, historically known as Woodson's Trailer Park ("Woodson"). Water's
25 Edge,Tropic Palms,and Woodson are collectively referred to as the"Wrecker's Cay Property"
26 herein.
27
28 B. This Agreement involves the redevelopment of Wrecker's Cay Property as Two Hundred
29 Eighty(280) deed-restricted affordable dwelling units. The eighty(80) market rate permanent
30 Transferrable Residential Rate of Growth Ordinance Exemptions("TREs")associated with the
31 Wrecker's Cay Property, as well as the eighteen (18) transient TREs associated with the
32 Wrecker's Cay Property and six hundred seventy-two (672) square feet of Nonresidential Rate
33 of Growth Ordinance ("NROGO") exempt floor area associated with the Wrecker's Cay
34 Property shall be available for transfer to an eligible receiver site(s) as specified in this
35 Agreement and per the Land Development Code and Comprehensive Plan.
36
37 C. All Parties have the authority to enter into this Agreement through Florida Statutes Chapter
38 163 and the sole and undivided ownership of the Wrecker's Cay Property.
39
40 D. Section 163.3220, Florida Statutes, authorizes Monroe County to enter into development
41 agreements with landowners and/or governmental agencies to encourage a stronger
42 commitment to comprehensive and capital facilities planning,ensure the provision of adequate
43 public facilities for development, encourage the efficient use of resources, and reduce the
44 economic cost of development.
00180864-v1 00122598-v11 Page 1 of 20
1 E. This Agreement, among other things, is intended to and shall constitute a development
2 agreement among the Parties pursuant to the Florida Local Government Development
3 Agreement Act, Section 163.3223, et seq., Florida Statutes (the "Act").
4
5 F. The Parties recognize that the public noticing and hearing procedures shall follow the
6 requirements of Section 163.3225, Florida Statutes, which requires the local government to
7 conduct two public hearings, one of which may be before the Planning Commission.
8
9 G. Monroe County finds that entering into this Agreement furthers the purposes,goals, objectives
10 and policies of the Monroe County Comprehensive Plan which contains goals and objectives
11 that seek to encourage the provision of affordable housing through incentive programs and
12 regulations (including but not limited to Goal 601, Objective 601.1, Objective 601.2 and
13 Objective 601.6).
14
15 H. Tropic Palms, 6125 Second Street, Stock Island, Florida is generally described as follows:
16
17 1. Wrecker's Cay owns that certain real property located at 6125 Second Street, Stock Island,
18 Florida ("Tropic Palms"). A copy of the Deed evidencing Wrecker's Cay's ownership is
19 attached hereto and incorporated herein as Exhibit 1. Historically and currently Tropic
20 Palms was and is being used as a Mobile Home/RV Park.
21
22 2. Tropic Palms is legally described as set forth in Exhibit 2, attached hereto and incorporated
23 herewith.
24
25 3. As of the date of this Agreement,Tropic Palms is assessed by the Monroe County Property
26 Appraiser as real estate number 00124560-000000.
27
28 4. Tropic Palms currently has an Urban Residential Mobile Home ("URM") Land Use
29 (Zoning) District designation and a corresponding Residential High ("RH") Future Land
30 Use Map designation. A copy of the Land Use District Map and Future Land Use Map for
31 Tropic Palms is attached hereto and incorporated herein as Exhibit 3.
32
33 5. Tropic Palms currently has a Tier Overlay District designation of Tier III.
34
35 6. Tropic Palms consists of 1.89 acres, including 1.89 acres of upland and 0.00 acres of
36 submerged land.
37
38 7. On February 21, 2008, the Acting Monroe County Senior Director of Planning and
39 Environmental Resources issued a Letter of Development Rights Determination("LDRD")
40 providing that Tropic Palms is entitled to twenty-five (25) market rate permanent
41 residential dwelling unitsl. A copy of the LDRD is attached hereto and incorporated herein
'The February 21,2008 LDRD recognized twenty-five market rate residential units as lawfully established as a result
of Administrative Interpretation No. 01-115, which provided that certain RV units were considered permanent
residential units. Administrative Interpretation No. 01-115 has since been rescinded by Administrative Directive
2012-01, and the ten (10)RVs previously recognized as permanent residential units are now recognized as transient
residential units.
00180864-vi 00122598-vii Page 2 of 20
1 as Exhibit 4. Tropic Palms is lawfully recognized with fifteen (15) permanent residential
2 units in the form of mobile homes, and ten (10) transient residential units in the form of
3 RVs. All twenty-five (25) units existing on Tropic Palms were developed prior to the
4 implementation of ROGO, and are deemed to be ROGO exempt.
5
6 8. Contemporaneously with the approval of this Agreement, Tropic Palms' Land Use
7 (Zoning) District has been approved for amendment by Monroe County from URM to UR.
8
9 I. Water's Edge, 5700 Laurel Avenue, Stock Island, Florida is generally described as follows:
10
11 1. Wrecker's Cay owns that certain real property located at 5700 Laurel Avenue,Stock Island,
12 Florida ("Water's Edge"). A copy of the Deed evidencing Wrecker's Cay's ownership is
13 attached hereto and incorporated herein as Exhibit 5. Historically and currently Water's
14 Edge was and is used as a Mobile Home/RV Park.
15
16 2. Water's Edge is legally described as set forth in Exhibit 6,attached hereto and incorporated
17 herein.
18
19 3. As of the date of this Agreement,Water's Edge is assessed by the Monroe County Property
20 Appraiser as real estate number 00124540-000000.
21
22 4. Water's Edge currently has an Urban Residential ("UR") Land Use (Zoning) District
23 designation and a Residential High ("RH") Future Land Use Map designation. A copy of
24 the Land Use District Map and Future Land Use Map for Water's Edge is attached hereto
25 and incorporated herein as Exhibit 7.
26
27 5. Water's Edge currently has a Tier Overlay District designation of Tier III.
28
29 6. Water's Edge consists of 6.65 acres, consisting of 3.18 upland acres and 3.47 submerged
30 acres.
31
32 7. On September 12, 2016, the Monroe County Senior Director of Planning and
33 Environmental Resources issued a LDRD providing that Water's Edge is entitled to fifty-
34 three (53) market rate residential Rate of Growth Ordinance (ROGO) exemptions; eight
35 (8)transient ROGO exemptions,and six hundred seventy-two(672)square feet of NROGO
36 exempt nonresidential floor area. The letter is attached hereto and incorporated herein as
37 Exhibit 8.
38
39 J. Woodson, 6325 First Street, Stock Island, Florida is generally described as follows:
40
41 1. Wrecker's Cay owns that certain real property located at 6325 First Street, Stock Island,
42 Florida ("Woodson"). A copy of the Deeds evidencing Wrecker's Cay's ownership is
43 attached hereto and incorporated herein as Composite Exhibit 9. Historically and currently
44 the Woodson was and is used as a Mobile Home Park.
45
46
00180864-v1 00122598-v11 Page 3 of 20
1 2. Woodson is legally described as set forth in Composite Exhibit 10, attached hereto and
2 incorporated herein.
3
4 3. As of the date of this Agreement, Woodson is assessed by the Monroe County Property
5 Appraiser as real estate numbers 00124550-000000 and 00124550-000100.
6
7 4. As of the date hereof,Woodson currently has an Urban Residential Mobile Home("URM")
8 Land Use(Zoning)District designation and a corresponding Residential High(RH)Future
9 Land Use Map designation. A copy of the Land Use District Map and Future
10 Land Use Map for Woodson is attached hereto and incorporated herein as Exhibit 11.
11
12 5. Woodson currently has a Tier Overlay District designation of Tier III.
13
14 6. Woodson consists of 3.29 acres, consisting of 1.79 upland acres and 1.50 submerged acres.
15
16 7. On March 13, 2012, the Monroe County Director of Planning and Environmental
17 Resources issued a Letter of Understanding providing that the Woodson Property is entitled
18 to twelve (12) Residential Rate of Growth Ordinance (ROGO) exemptions. The
19 letter is attached as Exhibit 12.
20
21 8. Contemporaneously with the approval of this Agreement, Woodson's Land Use (Zoning)
22 District has been approved for amendment by Monroe County from URM to UR.
23
24 K. Road Abandonments
25
26 1. Contemporaneously with this Agreement, Monroe County has approved the abandonment
27 of the Eastern most portion of Laurel Avenue of which Wrecker's Cay has obtained
28 .24 additional acres.
29
30 2. Contemporaneously with this Agreement, Monroe County has approved the abandonment
31 of the Eastern most portion of McDonald Avenue of which Wrecker's Cay has obtained
32 .65 additional acres.
33
34 3. Contemporaneously with this Agreement, Monroe County has approved the abandonment
35 of the Northern most portion of First Avenue of which Wrecker's Cay has obtained
36 .14 additional acres.
37
38 4. The Road Abandonments add 1.03 acres to the total upland acreage to the Wrecker's Cay
39 Property.
40
41 L. Laurel Avenue Spit
42
43 1. The State of Florida and Monroe County have confirmed they do not own the spit that is
44 adjacent to the Eastern End of Laurel Avenue.
45
00180864-v1 00122598-v11 Page 4 of 20
•
1 2. Wrecker's Cay owns the Spit of real property located at Laurel Avenue adjacent to the
2 Eastern End of Laurel Avenue, Stock Island, Florida ("Spit"). A copy of the Deed
3 evidencing Wrecker's Cay's ownership is attached hereto and incorporated herein as
4 Exhibit 13.
5
6 3. The Spit is legally described as set forth in Exhibit 14, attached hereto and incorporated
7 herein.
8
9 4. The Spit contains 1.21 acres. The total upland acreage of the property including the road
10 abandonments and Spit is equal to 9.1 acres as depicted on the small map and sketch
11 attached as Exhibit 15.
12
13 II. PURPOSE
14
15 A. The overall purpose of this Agreement is to allow the Parties to implement the provisions of
16 Monroe County Comprehensive Plan Policy 111.1.1 as applied to the Wrecker's Cay Property
17 in order to insure the continued provision of needed employee housing in the unincorporated
18 Lower Keys.
19
20 B. The Agreement allows the redevelopment of the Wrecker's Cay Property in compliance with
21 all applicable provisions of Florida Statutes, the Principles for Guiding Development in the
22 Florida Keys Area of Critical State Concern, the Monroe County Comprehensive Plan, the
23 Master Plan for the Future Development of Stock Island and Key Haven, and the Monroe
24 County Code.
25
26 C. The Agreement allows the Parties to implement the provisions of Monroe County
27 Comprehensive Plan Policy 111.1.1 as applied to the Wrecker's Cay Property in order to
28 supply needed affordable housing in the unincorporated Lower Keys and to allow for a
29 reasonable use of the Wrecker's Cay Property by allowing the transfer of market-rate
30 permanent residential TREs lawfully associated with the Wrecker's Cay Property.
31
32 D. Wrecker's Cay desires to transfer the TREs associated with Tropic Palms attributable to fifteen
33 (15) lawfully-established and recognized market-rate, permanent residential dwelling units
34 (the "Tropic Palms Market Rate TREs") and ten (10) lawfully-established and recognized
35 transient residential dwelling units (the"Tropic Palms Transient TREs") from Tropic Palms to
36 Wrecker's Cay for future transfer to and development upon an eligible receiver site(s). The
37 Parties hereto recognize that no transfer to a receiver site(s) or development of the TREs may
38 occur until fifteen (15) affordable residential dwelling units have commenced development
39 including, at a passing the first structural inspection.
40
41 E. This Agreement will allow for a reasonable use of Tropic Palms by allowing the transfer of
42 market rate TREs and transient TREs to an eligible receiver site(s),while assuring preservation
43 on the Wrecker's Cay Property of a number of residential dwelling units equivalent to the
44 number of Tropic Palms Market Rate TREs as employee housing.
45
46
00180864-vl 00122598-v11 Page 5 of 20
1 F. Wrecker's Cay desires to transfer the TREs associated with Water's Edge attributable to fifty-
2 three (53) lawfully-established and recognized market-rate, permanent residential dwelling
3 units (the "Water's Edge Market Rate TREs"), eight (8) lawfully-established and recognized
4 transient residential dwelling units (the"Water's Edge Transient TREs")to an eligible receiver
5 site. The Parties hereto recognize that no transfer to a receiver site(s) or development of the
6 Water's Edge Market Rate TREs may occur until fifty-three (53) affordable residential
7 dwelling units have commenced development including, at a passing the first structural
8 inspection. Water's Edge six hundred seventy-two (672) NROGO-exempt square feet (the
9 "Water's Edge NROGO") from Water's Edge shall be held by Wrecker's Cay for future
10 transfer to and development upon eligible receiver site(s). Transfer of the Water's Edge
11 NROGO shall be governed by Monroe County Code Section 138-50(j).
12
13 G. This Agreement will allow for a reasonable use of Water's Edge by allowing the transfer of
14 market-rate TREs, transient TREs, and NROGO to eligible receiver site(s), while assuring
15 preservation on the Wrecker's Cay Property of a number of residential dwelling units
16 equivalent to the number of Water's Edge Market Rate TREs as employee housing.
17
18 H. Wrecker's Cay desires to transfer the TREs attributable to twelve (12) lawfully-established
19 and recognized market-rate,permanent residential dwelling units from Woodson to an eligible
20 receiver site. The Parties hereto recognize that no transfer to a receiver site(s) or development
21 of the TREs or TDRs may occur until twelve (12) affordable residential dwelling units have
22 commenced development including, at a passing the first structural inspection.
23
24 I. This Agreement will allow for a reasonable use of Woodson by allowing the transfer of market-
25 rate TREs to an eligible receiver site, while assuring preservation on the Wrecker's Cay
26 Property of an equivalent number of residential dwelling units as affordable housing.
27
28 III.AGREEMENT REQUIREMENTS
29
30 A. Recitals. The recitals explaining the intent and purpose of the project as set forth in the
31 preceding clauses are incorporated herein and form a material part of this Agreement.
32 The Parties recognize the binding effect of Florida Statutes Sections 163.3220-163.3243, as to
33 the form and content of this Agreement and in accordance therewith set forth and agree to the
34 following.
35
36 B. Legal Description and Ownership. The legal descriptions for the Wrecker's Cay Property
37 subject to this Agreement are set forth in Exhibits 2, 6, 10, and 14.
/38
V 39 C. Duration of Agreement. This Agreement shall remain in effect for tea-(t ) years from the
40 "Effective Date" as defined herein, and may be extended by mutual consent of the Parties and
41 approval at a public hearing, in accordance with Section 163.3229, Florida Statutes. For the
42 duration of this Agreement, the Parties agree that any development shall comply with and be
43 controlled by this Agreement, the Monroe County Code, and the Monroe County
44 Comprehensive Plan governing the development of land in effect on the date of execution of
45 this Agreement, in accordance with Section 163.3220, Florida Statutes.
46
00180864-v1 00122598-v11 Page 6 of 20
1 D. Permitted Uses.
2
3 1. Wrecker's Cay Property, 5700 Laurel Avenue, Stock Island, Florida; 6125 Second Street,
4 Stock Island, Florida; 6325 First Street, Stock Island, Florida:
5
6 a. The Wrecker's Cay Property currently has a UR Land Use (Zoning) District
7 designation and a corresponding RH Future Land Use Map designation.
8
9 b. In accordance with this Agreement and with the RH Future Land Use Map category,
10 as set forth in Monroe County Comprehensive Plan Policy 101.5.4, the principal
11 purpose of the RH Future Land Use Map category is to provide for high density single-
12 family, multi-family, and institutional residential development, including mobile
13 homes and manufactured housing, located near employment centers.
14
15 c. In accordance with this Agreement and with the UR Land Use (Zoning) District, as set
16 forth in Monroe County Code Section 130-98,and in compliance with other provisions
17 of the Monroe County Code, the permitted uses in the UR Land Use (Zoning) District
18 include detached dwellings, attached dwelling units (as a minor conditional use), and
19 accessory uses.
20
21 d. Pursuant to Monroe County Comprehensive Plan Policy 111.1.1, the Wrecker's Cay
22 Property is located within the Stock Island Workforce Area 1.
23
24 e. In accordance with the provisions of Monroe County Comprehensive Plan Policy
25 111.1.1, and notwithstanding any other provisions of the Monroe County
26 Comprehensive Plan or Monroe County Code, (1) the Wrecker's Cay Property has a
27 maximum net density of forty (40) units per buildable acre, the development of which
28 shall not require transferrable development rights; (2) buildings that are voluntarily
29 elevated up to three (3) feet above base flood elevation ma be three (3) habitable
✓1 30 floors; (3)parking requirements are
31 one (1) parking space per one bedroom unit, two (2) parking spaces pe two bedroom t
32 unit, and three (3) parking spaces per three bedroom unit; (4) nonresidential uses are
33 prohibited, but accessory uses to the residential development, such as a shoreside
34 access facility associated with an adjacent County-owned mooring field,club house or
35 recreational facilities, are permitted; (5)no market rate or transient residential units are
36 allowed to be developed or operated; and (6) all habitable buildings located within the
37 65 — 69 DNL (Day-Night Average Sound Level) noise contour pursuant to the 2013
38 Navy Environmental Impact Statement must be sound attenuated to 25 dB (DNL),
39 however no portion of the Wreckers Cay Property is within the 65 — 69 DNL noise
40 contour.
41
42 f. The redevelopment of the Wrecker's Cay Property includes the addition of up to two
43 hundred eighty (280) affordable residential dwelling units, and accessory uses.
44
45 g. The height of any new structure associated with the redevelopment of the Wrecker's
46 Cay Property shall not have any habitable floor area above 38 feet from grade,
00180864-vl 00122598-vii Page 7 of 20
1 mechanical equipment and architectural features utilized to hide mechanical
2 equipment, including parapets, may be up to 44 feet above grade, and such structures
3 may contain three (3) habitable floors. For purposes of measuring height, grade shall
4 be 6.12 feet as depicted in the topographic survey attached as Exhibit 16.
5
6 E. Public Facilities. The impact on public facilities is nominal. The numbers of existing
7 residential dwelling units were recognized in the planning of the sewage treatment plant
8 serving Stock Island.
9
10 1. The Florida Keys Aqueduct Authority provides domestic potable water to the Wrecker's
11 Cay Property. Excluding existing development that may already be metered, the Florida
12 Keys Aqueduct Authority will individually meter each new affordable residential dwelling
13 unit. In addition, the Florida Keys Aqueduct Authority will meter accessory development
14 accordingly.
15
16 2. Keys Energy Services provides electric service to the Wrecker's Cay Property.
17 Keys Energy Services will individually meter each new affordable residential dwelling
18 unit. In addition, Keys Energy Services will meter accessory development accordingly.
19
20 3. Solid waste service is provided to the Wrecker's Cay Property by a solid waste collection
21 system franchised by Monroe County.
22
23 4. The Wrecker's Cay Property is connected to central sewer via KW Resort Utilities Corp.'s
24 system.
25
26 5. Based on preliminary traffic concurrency review, the proposed development is currently
27 within 5% below LOS C. In order to be in compliance with Monroe County
28 Comprehensive Plan Policies 301.1.1, 301.1.2, 301.2.2, 301.2.3 and 301.2.4 as well as
29 Land Development Code Sections 114-2(a)(1)a., b., and c., mitigation, or sufficient
30 evidence acceptable to Monroe County that the potential trip generation does not exceed
31 LOS C, must be provided prior to issuance of a building permit for the proposed
32 development. Mitigation may be in the form of specific improvements or proportioned
33 shared contribution towards improvements and strategies identified by the County, and/or
34 FDOT to address any level of service degradation beyond LOS C and/or deficiencies. The
35 applicant shall submit evidence of an agreement between the applicant and the FDOT for
36 inclusion in any contract or agreement for improvements to US 1. For roadway
37 improvements required, the applicant/owner may utilize the following, pursuant to Land
38 Development Code Section 114-2(b)(5)c.:
39 a. The necessary facilities and services are in place at the time a development permit is
40 issued; or
41 b. The necessary facilities and services are in place at the time a certificate of occupancy,
42 or its functional equivalent is issued. Prior to commencement of construction, the
43 applicant shall enter into a binding and legally enforceable commitment to the County
44 to assure construction or improvement of the facility; or
00180864-vl 00122598-v11 Page 8 of 20
1 c. A binding executed contract in place at the time a permit is issued which provides for
2 the commencement of the actual construction of the required facilities or provision of
3 services; or
4 d. An enforceable development agreement guaranteeing that the necessary facilities and
5 services will be in place with the issuance of a permit. An enforceable development
6 agreement may include, but is not limited to, development agreements pursuant to
7 section 163.3220, F.S., or an agreement or development order issued pursuant to
8 Chapter 380, F.S., or
9 e. A proportionate share contribution or construction that is sufficient to accomplish one
10 or more mobility improvement(s) that will benefit a regionally significant
11 transportation facility. A proposed proportionate fair-share mitigation shall be
12 reviewed pursuant to LDC Section 126-2.
13
14 F. Reservation or Dedication of Land. Wrecker's Cay shall provide Monroe County a
15 shoreside access facility open to the public, subject to reasonable rules and regulations and
16 hours, which shall provide, at a minimum dinghy dockage for a mooring field with up to forty
17 (40) mooring balls, dockside pumpout facility, trash/recycling receptacles, along with an area
18 to develop a minimum 400 square foot office/amenity building. Monroe County shall be
19 responsible for the cost of development and all costs of operations of the shoreside access
20 facility. The dockside facility identified on the Southeast corner of the Wrecker's Cay Property
21 is conditionally accepted to so long as the preceding requirements can be met.
22
23 G. Development Allowed. The following specific criteria are those which will guide
24 development of the Wrecker's Cay Property, and are standards by which any further approvals
25 shall be measured and shall be as follows:
26
27 a. The Wrecker's Cay Property consists of 9.1 acres of upland. There currently exist
28 eighty(80) market-rate residential dwelling units, eighteen (18) transient units, and six
29 hundred seventy-two (672) non-residential square feet of floor area.
30
31 b. Wrecker's Cay is permitted to transfer eighty (80) market-rate TREs and eighteen (18)
32 transient TREs to an eligible receiver site through a minor conditional use permit per
33 Monroe County Code Section 138-22, regardless of receiver site Land Use (Zoning)
34 District. The six hundred seventy-two (672) square feet of NROGO exempt
35 nonresidential floor area will be held by Wrecker's Cay for future transfer from the
36 Wrecker's Cay Property to an eligible receiver site(s). The market-rate TREs shall not
37 be developed on an eligible receiver site until Wrecker's Cay have commenced
38 development including passing the first structural inspection. Transfer of the eighteen
39 (18) transient TREs to an eligible receiver site(s) shall be governed by Monroe County
40 Code Section 138-22, and transfer of the six hundred seventy-two (672) NROGO-
41 exempt nonresidential square feet shall be governed by Monroe County Code Section
42 138-50(j).
43
44 c. Provided such development can be designed and approved by all applicable codes,
45 including but not limited to the Monroe County Code and Florida Building Code,
00180864-v1 00122598-v11 Page 9 of 20
1 Wrecker's Cay is permitted to develop the following buildings,facilities and structures
2 on the Wrecker's Cay pursuant to this Agreement:
3
4 i. Up to two hundred eighty (280) new attached, affordable residential dwelling
5 units deed restricted to employee housing.
6
7 ii. Accessory structures and uses, including a shoreside access facility consisting
8 of dinghy docks, dockside pump out facility and/or dockage for pump out
9 vessel, an office and amenities, and which also may include but shall not be
10 limited to swimming pool, clubhouse, and guardhouse.
11
12 iii. Parking areas and landscaping.
13
14 H. Deed Restrictions for Affordable Housing. The Wrecker's Cay Property shall have a single
15 deed-restriction for two hundred eighty (280) affordable housing units deed restricted to
16 employee housing and shall be recorded on all land described in Exhibits 2, 6/,.�10, and 14. The
17 j income categories for the 280 units shall consist of One Hundred Forty(148)moderate income
18 units, Sevent Median (7,97 Vadiaa income units, and Sevent (70)low income units.
19 • f w �_.*. ..-*. �._ .i:_
le
20 % n1-
21 35
22 I. Affordability Compliance.
23
24 a. Affordable housing definitions.
25
26 i. Affordable housing means residential dwelling units that meet the following
27 requirements:
28
29 a. Meet all applicable requirements of the United States Department of Housing
30 and Urban Development minimum property standards as to room sizes,
31 fixtures, landscaping and building materials, when not in conflict with
32 applicable laws of Monroe County; and
33
34 b. A dwelling unit whose monthly rent, not including utilities, does not exceed
35 30 percent of that amount which represents either 50 percent (very low
36 income) or 80 percent (low income) or 100 percent (median income) or 120
37 percent(moderate income)of the monthly median adjusted household income
38 for the county.
39
40 ii. Affordable housing trust fund, means a trust fund established and maintained by the
41 county for the purpose of preserving existing and promoting creation of new
42 affordable and employee housing. Funds collected for and deposited in the trust
43 fund shall be used exclusively for purposes of creating, preserving or maintaining
44 affordable and employee housing in the Florida Keys.
45
00180864-vl 00122598-v11 Page 10 of 20
1 iii. Affordable rental housing, low income, means a dwelling unit whose monthly rent,
2 not including utilities, does not exceed 30 percent of the amount that represents 80
3 percent of the monthly median adjusted household income for the county.
4
5 iv. Affordable rental housing, median income, means a dwelling unit whose monthly
6 rent,not including utilities,does not exceed 30 percent of the amount that represents
7 100 percent of the monthly adjusted median household income for the county.
8 v. Affordable rental housing, moderate income, means a dwelling unit whose monthly
9 rent,not including utilities,does not exceed 30 percent of the amount that represents
10 120 percent of the monthly median adjusted household income for the county.
11 vi. Affordable rental housing, very low income, means a rental dwelling unit whose
12 monthly rent, not including utilities, does not exceed 30 percent of the amount that
13 represents 50 percent of the monthly median adjusted household income for the
14 county.
15
16 vii. Employee housing means an attached or detached dwelling unit that is intended to
17 serve as affordable, permanent housing for working households, which derive at
18 least 70 percent of their household income from gainful employment in the county
19 and meet the requirements for affordable housing as defined in this section and as
20 per section 130-161.
21
22
23 * * * * * *
24
25 viii. Median income, rental rates and qualifying incomes table, means eligibility
26 requirements compiled each year by the planning department based upon the
27 median annual household income published for the county on an annual basis by
28 the U.S. Department of Housing and Urban Development and similar information
29 for median and moderate income levels from the Florida Housing Finance
30 Corporation. Affordable housing eligibility requirements for each household will
31 be based upon median annual household income adjusted by family size,as set forth
32 by the U.S. Department of Housing and Urban Development and the Florida
33 Housing Finance Corporation. The county shall rely upon this information to
34 determine maximum rental rates and maximum household incomes eligible for
35 affordable housing rental or purchase.
36
37 ix. Monthly median household income means the median annual household income for
38 the county divided by 12.
39
40 b. Requirements
41
42 i. Tourist housing use or vacation rental use of affordable or employee housing units
43 is prohibited.
44
45 ii. The parcel of land proposed for development of affordable or employee housing
46 shall only be located within a tier III designated area.
47
00180864-v1 00122598-v11 Page 11 of 20
1 iii. During occupancy of any affordable housing rental unit, not otherwise limited by
2 state or federal statute or rule concerning household income, a household's annual
3 income may increase to an amount not to exceed 140 percent of the median
4 household income for the county. If the income of the lessee exceeds this amount,
5 the tenant's occupancy shall terminate at the end of the existing lease term. The
6 maximum lease for any term shall be three years or 36 months.
7
8 iv. Pursuant to Monroe County Code Section 139-1(a)(6)(i),when establishing a rental
9 amount, Monroe County shall assume family size as indicated in the table below.
10 This section shall not be used to establish the maximum number of individuals who
11 actually live in the unit. This table shall be used in conjunction with the eligibility
12 requirements created by Monroe County Code Section 101-1:
Size of Unit Assumed Family Size Minimum Occupancy
Efficiency (no separate) 1 1
One bedroom 2 1
Two bedroom 3 2
Three bedrooms 4 3
Four or more bedrooms 5 1 per bedroom
13
14 v. The income of eligible households shall be determined by counting only the first
15 and highest paid 40 hours of employment per week of each unrelated adult. For a
16 household containing adults related by marriage or a domestic partnership
17 registered with the county, only the highest 60 hours of the combined employment
18 hours shall be counted, which shall be considered to be 75 percent of the adjusted
19 gross income. The income of dependents regardless of age shall not be counted in
20 calculating a household's income.
21
22 c. At Monroe County's request, Wrecker's Cay, its successors and assigns, shall provide
23 Monroe County with an annual report demonstrating compliance with the eligibility
24 requirements of Monroe County Code Section 139-1.
25
26 J. Development and Affordable Housing Standards. The development standards shall be
27 determined by the application of the standards contained in the Monroe County
28 Comprehensive Plan and the Monroe County Code. Further, the following specific
29 standards shall apply to the development or deed restriction of the affordable housing units.
30
31 a. Neither tourist housing use nor vacation rental use of the affordable housing units
32 established on the Wrecker's Cay Property, or any other affordable housing resulting
33 from this Agreement shall be allowed.
34
35 b. Monroe County Code Comp. Plan Policy 111.1.1 provides the following requirements
36 for this Agreement:
00180864-v1 00122598-vii Page 12 of 20
1
2 1. Notwithstanding the density standards set forth in Policy 101.5.25, the Maximum
3 Net Density of the Stock Island Workforce Subarea 1 shall be 280 affordable
4 dwelling units at a density of 40 dwelling units per buildable acre for property
5 within the UR zoning districts and shall not require transferable development rights.
6
7 2. There shall be no allocated or maximum net density standard available for market
8 rate dwelling units or transient units.
9
10 3. The maximum floor area ratio (FAR) for all nonresidential uses within the subarea
11 shall be zero. A shoreside support facility associated with a mooring field as an
12 accessory use associated with the Wreckers Cay project within the RH FLUM and
13 UR Zoning District.
14
15 4. The height of any new structure associated with the redevelopment of the
16 Wrecker's Cay Property shall not have any habitable floor area above 38 feet from
17 grade; mechanical equipment and architectural features utilized to hide mechanical
18 equipment, including parapets, may be up to 44 feet above grade; and such
19 structures may contain three (3) habitable floors.
20
21
22 5. Nonresidential uses shall be prohibited. Accessory uses to the residential
23 development, such as a club house or recreational facilities, are permitted.
24 A shoreside support facility associated with a mooring field as an accessory use
25 associated with the Wrecker's Cay project within the RH FLUM and UR Zoning
26 District is permitted.
27
28 6. All new residential units developed within the Stock Island Workforce Subarea 1
29 shall be subject to the ROGO permit allocation system.
30
31 7. The protest procedures set forth within Sec. 102-158(d)(8) are applicable to
32 applications submitted under this Policy 111.1.1.
33
34 8. A development agreement shall be required for any proposed development of an
35 affordable housing project within the Stock Island Workforce Subarea 1 to define
36 the income category distribution for the proposed development.
37
38 9. All new affordable units developed within the Stock Island Workforce Subarea 1
39 shall require occupants to derive at least seventy percent (70%) of their household
40 income from gainful employment in Monroe County.
41
42 10. The affordable dwelling units shall be rental units only.
43
44 c. For Monroe County to monitor receipt of the affordable housing ROGO allocations,
45 the Parties agree the Board of County Commissioners may approve the allocation
46 reservation by resolution concurrent with this development agreement. It is intended
00180864-vl 00122598-v11 Page 13 of 20
•
1 that the initial Resolution be consistent with Monroe County Code Section 138-
2 24(b)(4) as follows:
3 et-6
4 / 1. By a corresponding resolution, the Board of County Commissioners reserve
5 ✓ One Hundred Forty(1O moderate income affordable ROGO allocations, Seventy
6 Median (,7 )Median income affordable ROGO allocations, and Seventy (70) low
7 income affordable ROGO allocations for award to the Wrecker's Cay Property
8 which reservation shall be in effect for five (5) years from the effective date of this
9 agreement.
10
11 2. The Board of County Commissioners may, at its discretion,place conditions on any
12 reservation, as it deems appropriate.
13
14 d. Pursuant to Monroe County Code Section 139-1(f)(8),upon written agreement between
15 the Monroe County Planning Director and an eligible governmental or
16 nongovernmental entity, the Planning Director may authorize that entity to administer
17 the eligibility and compliance requirements for the Monroe County Planning
18 Department under (f)(3), (f)(4), (f)(5) and (f)(6) of this section. Under such an
19 agreement, the eligible entity is authorized to qualify a potential renter of affordable
20 employee housing , and annually verify the employment and/or income eligibility of
21 tenants pursuant to (f)(2) of this section. The entity shall still be required to provide
22 the Monroe County Planning Department, by January 1 of each year, a written
23 certification verifying that tenants of each affordable employee housing meet the
24 applicable employment and income requirements of (f)(2). The following
25 governmental and nongovernmental entities shall be eligible for this delegation of
26 authority: a) the county housing authority, not-for-profit community development
27 organizations, pursuant to Section 139-1(e), and other public entities established to
28 provide affordable housing; b) private developers or other nongovernmental
29 organizations participating in a federal/state housing financial assistance or tax credit
30 program or receiving some form of direct financial assistance from Monroe County; or
31 c) nongovernmental organizations approved by the Board of County Commissioners
32 as affordable housing providers.
33
34 Via this Agreement, the Board of County Commissioners has approved the Parties
35 of this Agreement (other than Monroe County), which are nongovernmental
36 organizations, as an affordable housing provider. Any qualifier chosen by the Parties
37 (other than Monroe County) shall be approved by the Planning Director in accordance
38 with (f)(8) of this section.
39
40 K. Site Plan Approval: The conceptual site plan is attached as Exhibit 17.
41 The development shall be consistent with all applicable codes, including but not limited to
42 the Monroe County Comprehensive Plan and Monroe County Land Development Code.
43 Following a review of compliance with such codes,the final site plan must be approved by
44 the Monroe County Planning Commission as a major conditional use permit. The Planning
45 Commission has final authority over the site plan and the site plan may be amended by the
46 Planning Commission.
00180864-vl 00122598-vii Page 14 of 20
•
2 L. Finding of Consistency. By entering into this Agreement, Monroe County finds that the
3 development permitted or proposed herein is consistent with the Monroe County
4 Comprehensive Plan and Monroe County Code.
5
6 M. Breach, Amendment,Enforcement, and Termination.
7
8 a. Material Breach: A material breach by the Parties is the failure of any Party to comply
9 with the terms of this Agreement after Notice as provided herein.
10
11 b. Notice: Upon any Party's material breach of the terms and conditions of this
12 Agreement, the non-breaching Party shall serve written Notice of the breach upon the
13 breaching Party pursuant to the procedure established in this Agreement and shall
14 provide the opportunity, within ninety (90) days of the date such Notice is served, to
15 propose a method of fulfilling the Agreement's terms and conditions or curing the
16 breach. The breaching Party shall be provided an additional ninety (90) days to cure
17 the material breach or to negotiate an amendment to this Agreement within a reasonable
18 time, as mutually agreed to by the Parties. This Agreement is not subject to arbitration
19 and must be amended in accordance with the statutory requirements.
20
21 c. Amendment or Termination: The Parties hereto shall at all times adhere to the terms
22 and conditions of this Agreement. Amendment, termination, extension, or revocation
23 of this Agreement shall be made in accordance with the notification and procedural
24 requirements set forth herein.
25
26 i. Amendments to this Agreement shall subject Parties to the laws and policies in
27 effect at the time of the amendment only if the conditions of Section 163.3233(2),
28 Florida Statutes, are met.
29
30 ii. No modifications, extensions, amendments, or alterations of the terms or
31 conditions contained herein shall be effective unless contained in a written
32 document approved and executed by the Parties.
33 iii. Amendment, extension or termination shall require at least two (2) public
34 hearings. The hearings shall be held pursuant to an application filed with Monroe
35 County by the Party seeking to amend or terminate this Agreement, along with
36 the requisite filing fee. Notice of public hearing shall be in accordance with
37 Monroe County Ordinances and Florida Statutes.
38
39 d. Enforcement:
40
41 i. After notice and an opportunity to respond and/or cure the material breach as
42 provided for below. In addition, Monroe County may utilize appropriate code
43 compliance remedies to cure any breach after notice and an opportunity to cure
44 as provided herein.
45
00180864-vl 00122598-v11 Page 15 of 20
1 ii. Monroe County, the other Parties, their successors or assigns, or any aggrieved
2 or any adversely affected person as defined in Section 163.3215(2), Florida
3 Statutes, may file an action for injunctive relief in the Circuit Court of Monroe
4 County to enforce the terms of this Agreement or to challenge compliance with
5 the provisions of Sections 163.3243, Florida Statutes.
6
7 iii. Nothing contained herein shall limit any other powers, rights, or remedies that
8 either party has, or may have in the future, to enforce the terms of this
9 Agreement.
10
11 N. Binding Effect of Agreement. The covenants, agreements, and obligations herein contained,
12 except as herein otherwise specifically provided, shall extend to, bind and inure to the benefit
13 of the Parties hereto and their respective personal representatives,heirs,successors and assigns.
14
15 O. State and Federal Law. If State or Federal laws enacted after the effective date of this
16 Agreement preclude either Party's compliance with the terms of this Agreement, this
17 agreement shall be modified as is necessary to comply with the relevant State or Federal Laws.
18
19 P. Compliance with Other Laws. The failure of this Agreement to address a particular permit,
20 condition, term, or restriction shall not relieve the Parties of the necessity of complying with
21 the laws governing said permitting requirements, conditions, terms or restrictions.
22
23 Q. Reservation of Rights. This Agreement shall not affect any rights, which may have accrued
24 to any party to this Agreement under applicable law. The Parties reserve any and all such
25 rights. All approvals referenced in this Agreement are subordinate to compliance with all
26 applicable laws, codes, and land development regulations and permits, except to the extent
27 otherwise provided for in this Agreement.
28
29 R. No Permit. This Agreement is not and shall not be construed as a Development Permit,
30 Development Approval or authorization to commence development, nor shall it relieve the
31 Parties other than Monroe County of the obligations to obtain necessary Development
32 Approvals that are required under applicable law and under and pursuant to the terms of this
33 Agreement and Monroe County Code.
34
35 S. Good Faith; Further Assurances; No Cost. The Parties to this Agreement have negotiated
36 in good faith. It is the intent and agreement of the Parties that they shall cooperate with each
37 other in good faith to effectuate the purposes and intent of, and to satisfy their obligations
38 under, this Agreement in order to secure themselves the mutual benefits created under this
39 Agreement. The Parties agree to execute such further documents as may be reasonably
40 necessary to effectuate the provisions of this Agreement; provided that the foregoing shall in
41 no way be deemed to inhibit, restrict or require the exercise of Monroe County's police power
42 or actions of Monroe County when acting in a quasi-judicial capacity. Wherever in this
43 Agreement a provision requires cooperation, good faith or similar effort to be undertaken at no
44 cost to a party, the party co-operating, reviewing or undertaking the effort shall, nonetheless,
45 bear its cost of attendance at meetings,hearings,or proceedings and comment and/or execution
46 of documents, inclusive of the expense of its counsel.
00180864-v1 00122598-vii Page 16 of 20
1
2 T. Successors and Assigns. This Agreement shall constitute a covenant running with the land,
3 which shall be binding upon the Parties hereto, their successors in interest, heirs, assigns, and
4 personal representatives.
5
6 U. Joint Preparation. This Agreement has been drafted with the participation of the Parties and
7 their counsel, and shall not be construed against any party on account of draftsmanship. The
8 captions of each article, section and subsection contained in this Agreement are fore ease of
9 reference only and shall not affect the interpretational meaning of this Agreement. Whenever
10 the term "included" is used in this Agreement, it shall mean that the included items, or terms
11 are included without limitation as to any other items or terms, which may fall within the listed
12 category.
13
14 V. Notices. All notices, demands,requests or replies provided for or permitted by this Agreement
15 shall be in writing and may be delivered by any one of the following methods: (a) by personal
16 delivery; (b) by deposit with the United States Postal Service as Certified or Registered mail,
17 return receipt requested, postage prepaid, to the addresses stated below; or (c) by deposit with
18 an overnight express delivery service with proof of receipt to the addresses stated below.
19 Notice shall be deemed effective upon receipt. For purposes of notice, demand, request, or
20 replies:
21
22
23 The address of Monroe County shall be:
24
25 County Administrator
26 1100 Simonton Street,
27 Room 2-205
28 Key West, Florida 33040
29
30
31
32
33 And a copy to:
34
35 Robert Shillinger, Esq.
36 County Attorney
37 PO Box 1026
38 Key West, Florida 33041
39
40 and
41
42 1111 12th Street, Suite 408
43 Key West, Florida 33040
44
45 The address of Wrecker's Cay shall be:
46
47 Victor Ballestas
00180864-v1 00122598-v11 Page 17 of 20
1 C/O Integra Investments, LLC
2 150 SE 2nd Ave, Suite 800
3 Miami, FL 33131
4
5 And a copy to:
6
7 Barton W. Smith, Esq.
8 Smith Hawks, P.L.
9 138 Simonton Street
10 Key West, Florida 33040
11
12 It is the responsibility of the Parties to promptly notify all other Parties of any change in
13 name or address for receipt of notice, demand, request, or replies.
14
15 W. Force Majeure. Any prevention, delay or stoppage due to strikes, lockouts, labor disputes,
16 acts of God, inability to obtain labor or materials or reasonable substitutes therefore,riot, civil
17 commotion, fire or other casualty and other causes beyond the reasonable control of the party
18 obligated to perform, excluding the financial inability of such party to perform and excluding
19 delays resulting from appeals or rehearing, shall excuse the performance by such party for a
20 period equal to any such period of prevention, delay or stoppage. In order to avail itself of this
21 force majeure provision, the party invoking the same shall provide the other_party with a
22 written notice that shall consist of a recitation of all events that constitute force majeure events
23 under this Section, together with the beginning and ending dates of such events.
24
25 X. Construction. This Agreement shall be construed in accordance with the laws of the State of
26 Florida. The Parties to this Agreement have participated fully in the negotiation and
27 preparation hereof; and, accordingly, this Agreement shall not be more strictly construed
28 against any one of the Parties hereto. In construing this Agreement,the use of any gender shall
29 include every other and all genders, and captions and section and paragraph headings shall be
30 disregarded. All of the exhibits attached to this Agreement are incorporated in, and made a
31 part of, this Agreement.
32 Y. Omission. The Parties hereto recognize and agree that the failure of this Agreement to address
33 a particular permit, condition, terms or restriction shall not relieve either Party of the necessity
34 of complying with the law governing said permitting requirements, conditions, term, or
35 restriction notwithstanding any such omission.
36
37 Z. Jurisdiction and Governing Law. The Parties hereto agree that any and all suits or actions
38 at law shall be brought in Monroe County, Florida and no other jurisdiction. This Agreement
39 shall be construed and interpreted under the laws of the State of Florida.
40
41 AA.Attorney's Fees and Costs. The Parties agree that in the event any cause of action or
42 administrative proceeding is initiated or defended by any party relative to the enforcement or
43 interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's
44 fees, court costs, as an award against the non-prevailing party, and shall include attorney's
45 fees, courts costs, in appellate proceedings. Mediation proceedings initiated and conducted
00180864-v1 00122598-v11 Page 18 of 20
1 pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure
2 and usual and customary procedures required by the circuit court of Monroe County.
3
4 BB.Time of Essence. Time shall be of the essence for each and every provision of this Agreement.
5
6 CC.Entire Agreement. This Agreement, together with the documents referenced herein,
7 constitute the entire agreement and understanding among the Parties with respect to the subject
8 matter hereof, and there are no other agreements, representations or warranties other than as
9 set forth herein. This Agreement may not be changed, altered or modified except by an
10 instrument in writing signed by the Party against whom enforcement of such change would be
11 sought and subject to the requirements for the amendment of development agreements in the
12 Act.
13
14 DD.Counterparts. This Agreement may be executed in one or more counterparts,and by different
15 Parties hereto in separate counterparts, each of which when executed shall be deemed to an
16 original but all which taken together constitute one and the same agreement.
17
18 EE. Recording. Monroe County shall record this Agreement with the Clerk of the Circuit Court
19 of Monroe County within fourteen(14)days following signature by all Parties. Wrecker's Cay
20 agrees that it shall be responsible for all recording fees and other related fees and costs related
21 to the recording and delivery of this Agreement as described in this section. The provisions
22 hereof shall remain in full force and effect during the term provided herein and shall be binding
23 upon all successors in interest to the Parties to this Agreement.
24
25 FF. Conflicting Resolutions. All resolutions or parts thereof in conflict with the provisions of this
26 Agreement and its resolution are hereby repealed to the extent of such conflict.
27
28 GG.Severability. If any part of this Agreement is contrary to, prohibited by, or deemed invalid
29 under any applicable law or regulation, such provisions shall be inapplicable and deemed
30 omitted to the extent so contrary, prohibited, or invalid; however, the remainder of the
31 Agreement shall not be invalidated thereby and shall be given full force and effect as if the
32 contrary,prohibited, or invalid provision was never a part hereof.
33
34 IV. Effective Date. The "Effective Date" of this Agreement is forty-five (45) days after the duly
35 signed and recorded Agreement is received by the Florida Department of Economic
36 Opportunity pursuant to Chapter 380, Florida Statutes, and if appealed, until the appealed is
37 resolved.
38
39
40 IN WITNESS WHEREOF, the Parties hereto have set their hands and seals on the day and year
41 below written.
42
43 WRECKER'S CAY APARTMENTS AT STOCK ISLAND,LLC
44
45 By:
46
00180864-vi 00122598-v11 Page 19 of 20
1 Title:
2
3 Date:
4
5 The foregoing instrument was acknowledged before me on this day of ,
6 2020, by , the managing member of Wreckers Cay Apartments at Stock Island,
7 LLC. He is personally known to me and did not take an oath.
8
9
10
11
12
13
14
15 ATTEST: KEVIN MADOK, CLERK MONROE COUNTY BOARD OF
16 COUNTY COMMISSIONERS
17
18
19 DEPUTY CLERK MAYOR
00180864-v1 00122598-v11 Page 20 of 20
1
Wrecker's Cay-Stock Island
Summary
1. Wreckers Cay Goal, Obj and Subarea Policy CP Text Amend (2018-120) (05—6455)
• Amend the Monroe County Comprehensive Plan to establish a goal and objective that
incentivizes affordable housing on Stock Island
o Create a subarea policy that would provide additional development restrictions and
allowances for properties located at 6325 First Street, 6125 Second Street and 5700 Laurel
Avenue on Stock Island
a
r. a
H: 101.-1 v ihir-..,,,,*, .. .
Igi.1 tfri •440-N,.*4•0'1-,`'•• - i
z i •
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' f� �3 . ' '
i . NI Lailiik. , • ..„-24- 41. . liim,","qx. ,- a A1710
I , 2 .0,‘ .6._-;.,,,_ .., ': i )=5:... • ‘:,IP' ,, 4,Lut_. :
..e. ...:.i ll ' ' iallk ,4 ip- : ' .„. • ..-..c .
o Limit the permitted uses of the subarea to deed restricted affordable housing dwelling units
(workforce)
o Increases the established the maximum net density for affordable housing to 40 dwelling
units per buildable acre for a maximum of 280 units (increase from 25 DU per buildable acre)
o Increases the height limit: habitable floor area up to 38 feet, mechanical equipment up to 44
feet (must be screened), allows for 3 floors above parking
o Allows for off-street parking requirements in the subarea to be altered through a
Development Agreement
o Provides for the transfer of existing TREs within Stock Island through a minor conditional use
permit
o Eliminates allocated density and floor area ratio on the Property
o Allows for the possibility of a shoreside support facility associated with a mooring field as a
permitted accessory use
o Requires the Development Agreement to specify the income category distribution for the
proposed development
o All affordable units are rental units
2. LDC Text Amendment—Sec. 130-157 Density Increase (06—6427)
• Amend Section 130-157 to allow for a density increase above the maximum net density in the
Urban Residential (UR) zoning district for a property subject to a site specific subarea policy
established under proposed Goal 111 of the Monroe County Comprehensive Plan.
Page 1 of 5
..
Wrecker's Cay—Stock Island
Summary
3. LUD Map Amendment-6325 First St. and 6125 Second St., Stock Island (Wrecker's Cay) (02 -
6419)
• Urban Residential Mobile Home (URM) to Mixed Use (MU)
• The proposed Zoning amendment would result in:
Residential Market Rate Allocated:+11.16 units
TDR/Market Rate Residential Max Net:+40.26 units
Net Change in Development Affordable Residential Max Net: +83.87 units affordable
Potential Based on Zoning
Transient Allocated: +20.96 rooms/spaces(no change)
Nonresidential: 0 SF
MU r
irr
:e uc �'
* uR
:1 4 - - -
�i
,o UR
...—._1,
NMI r
,A —
++ „:' - �/ / ---, �- y / /
Existing Zoning Map Designation Proposed Zoning Map Designation
*Change in density for Urban Residential Mobile
proposed ROW abandonment. Home (URM) Urban Residential(UR)
Max Net Max Net with
Allocated with TDRs Allocated TDRs
ROW SF Acre 1 DU/lot N/A 6 du/gross acre 12 du/buildable
McDonald 19,344 0.44 0 N/A 2.66 4.26
1st 6,250 0.14 0 N/A 0.86 1.38
Total ROW 25,594 0.59 0 0 3.53 5.64
Page 2 of 5
Wrecker's Cay—Stock Island
Summary
4. Wrecker's Cay Laurel Ave Road Abandonment adopt hearing (03- 5336)
• Abandonment of a portion of Laurel Avenue in Maloney's Subdivision of Stock Island
• Laurel Avenue serves as an access road which terminates at the east end of the parcel owned by
Wrecker's Cay
- ram• `n _-3 i `-
t,-- 'y
f 2
m '1 r
^,i Murray Marine
IURE
r— L. 0.. _iv-_-�J it .�4 a. ce �rr__-_R�I �-r .��
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•
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•
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5. ROW abandonment -MacDonald Avenue & First Street, Stock Island (04- 6112)
• Abandonment of a portion of MacDonald Avenue and First Street in Maloney's Subdivision of
Stock Island
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Page 3 of 5
Wrecker's Cay—Stock Island
Summary
6. Wreckers Cay Development Agreement (07—6451)
If approved, the proposed development agreement would:
• Provide a duration of 10 years to complete the project.
• A maximum of 280 deed-restricted affordable employee housing dwelling units in the following
income categories:
o 140 moderate income units
o 70 median income units; and
o 70 low income units.
• Allow a maximum height for structures of 38 feet from grade, mechanical equipment and
architectural features utilized to hide mechanical equipment, including parapets, may be up to 44
feet above grade.
• Outline required County development permits including a major conditional use permit, ROGO
allocation awards, and building permits.
• Allow for a parking requirement of 1 parking space per 1-bedroom unit; 2 spaces per 2-bedroom
unit; and 3 spaces per 3-bedroom unit.
• Allow the transfer of 80 market rate TREs to site(s)within Stock Island regardless of zoning category,
and the transfer of 18 transient TREs and six hundred seventy-two (672) square feet of
Nonresidential Rate of Growth Ordinance ("NROGO") exempt floor area to eligible receiver sites per
Monroe County Code Section 138-22 and 138-50.
• Provide the reservation or dedication of land to Monroe County for a shoreside access facility open
to the public.
• Specify that preliminary traffic concurrency shows the proposed development to be within 5%of the
adopted LOS C, and that mitigation for impacts will be required prior to commencement of
construction.
• The County cannot enter into the agreement until the proposed Comprehensive Plan, Land
Development Code, Map Amendment and ROW abandonments have become effective.
• Once the development agreement is approved by the BOCC, the project will require a Major
Conditional Use Permit
7. Monroe County AFH ROGO Reservation -Wreckers Cay(I1—6410)
• Requesting a reservation for 280 affordable housing allocations consisting of 70 low income, 70
median and 140 moderate income
Proposed Maximum Monthly Rental Rates
#Units Low Median Moderate
Unit Size 80% 100% 120%
1 BR/1B 96
2 BR/1B 72 Efficiency $1,339 $1,675 $2,010
2 BR/2B 88 1 bedroom $1,530 $1,913 $2,295
2 bedrooms $1,721 $2,153 $2,583
3 BR/2B 24 3 bedrooms $1,913 $2,390 $2,868
4+bedrooms $2,066 $2,583 $3,099
Page 4 of 5
Wrecker's Cay-Stock Island
Summary
Income Limits for a Single Person
Household Low Median Moderate Income Limits for Married or Domestic Partners
Size 80% 100% 120% Household Low Median Moderate
1 Persons $53,550 $67,000 $80,400 Size 80% 100% 120%
2 Persons $61,200 $76,500 $91,800 2 Persons $81,600 $102,000 $107,200
3 Persons $68,850 $86,100 $103,320 3 Persons $91,800 $114,800 $122,400
4 Persons $76,500 $95,600 $114,720 4 Persons $102,000 $127,467 $137,760
5 Persons $82,650 $103,300 $123,960 5 Persons $110,200 $137,733 $152,960
6 Persons $88,750 $110,900 $133,080 6 Persons $118,333 $147,867 $165,280
7 Persons $94,900 $118,600 $142,320 7 Persons $126,533 $158,133 $177,440
8 Persons $101,000 $126,200 $151,440 8 Persons $134,667 $168,267 $189,760
• Affordable housing allocations pursuant to Monroe County Code Section 138-24(b)4.
LDC Section 138-24(b)4. states: Notwithstanding the provisions of Section 138-26 for awarding
of affordable housing allocations, the BOCC may reserve by resolution some or all of the
available affordable housing allocations for award to certain sponsoring agencies or specific
housing programs consistent with all other requirements of this chapter. Building permits for
these reserved allocations shall be picked up within six months of the effective reservation
date, unless otherwise authorized by the BOCC in its resolution.The BOCC may,at its discretion,
place conditions on any reservation as it deems appropriate. These reservations may be
authorized by the BOCC for:...(4) Specific affordable or employee housing programs sponsored
by the county pursuant to procedures and guidelines as may be established from time to time
by the BOCC;
• Current affordable ROGO balance: 337 (112 Very Low/Low/Median; 225 Moderate)
Pending projects requiring Affordable ROGOs:
Development Allocations Note
Monroe County CDBG-DR - 10 (1/22/2020 agenda item for reservation)
Conch Key (10 VL/L/Med)
Coco Palms project Cudjoe 16 (1/22/2020 agenda item for reservation)
(11 V/L/Med; 5 Mod)
Wreckers Cay 280 (1/22/2020 agenda item for reservation)
(140 V/L/Med; 140 Mod)
School Board Sugarloaf 20 (no reservation request yet; BOCC has
adopted Comp Plan Subarea Policy for
affordable housing on this site)
Suncrest Landings Stock (no reservation; building permit already
Island 1 submitted and under review)
Potential Balance if all above 10
are approved/allocated: (0 V/L/Med; 10 Mod)
Page 5 of 5