Resolution 031A-2020 9),4-
MONROE COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS
RESOLUTION NO.031A -2020
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS.APPROVING A 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
UP TO TWO HUNDRED EIGHTY (280) DEED-RESTRICTED
AFFORDABLE DWELLING UNITS, AT A DENSITY OF 40
UNITS PER BUILDABLE ACRE. 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 SUBJECT PROPERTY IS
DESCRIBED AS A THREE PARCELS OF LAND IN SECTION
35, TOWNSHIP 67, RANGE 25, STOCK ISLAND, MONROE
COUNTY, FLORIDA, HAVING PARCEL ID NUMBERS
00124540-0000,001.24550-000000 AND 00124560-000000. (FILE
2018-191)
WHEREAS, during a regularly scheduled public meeting 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
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 subject property is located at 5700 Laurel Avenue, 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 25,Stock Island,Monroe County,Florida,
having Parcel ID Numbers 00124540-0000, 00124550-000000 and 00124560-000000; and
WHEREAS,during a regularly 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 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
Resolution 031A-2020 Page 1 of 3
File 2018-147
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
High (RH);
3. The subject property has a tier designation of Tier III;
4. In 2020, WRECKERS CAY APARTMENTS AT STOCK ISLAND, LLC amended
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
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);
6. Florida Statutes §163.3220 authorizes Monroe County to enter into development
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;
Resolution031A-2020
File#2018-147 Page 2 of 3
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.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
at a regular meeting held on the 22nd day of January ,2020.
Mayor Heather Carruthers Yes
Mayor pro tem Michelle Coldiron Yes
Commissioner Craig Cates Yes
Commissioner Sylvia Murphy Yes
Commissioner David Rice
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Resolution031A -2020
File#2018-147 Page 3 of 3
1
2
3 DEVELOPMENT AGREEMENT
4
5 THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into on the 22nd day
6 of January 2020, by and between Monroe County, Florida, a Political Subdivision of the State
7 of Florida ("Monroe County"), Wrecker's Cay Apartments at Stock Island, LLC, a Florida
8 limited liability company ("Wrecker's Cay") ( individually a "Party" and collectively, the
9 "Parties"), pursuant to Monroe County Comprehensive Plan Policy 111.1.1 and Sections 110-132
10 and 110-133 of the Monroe County, Florida, Code of Ordinances ("Monroe County Code"), and
11 the Florida Local Government Development Agreement Act, Florida Statutes Sections 163.3220-
12 163.3243 (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-vii 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 unitst. 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-v1 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-vl 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-vi 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-v1 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
39 C. Duration of Agreement. This Agreement shall remain in effect for five (5) 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 may be three (3) habitable
30 floors; (3)parking requirements are one (1) parking space per efficiency, studio or one
31 bedroom unit, two (2) parking spaces per two bedroom unit, and three (3) parking
32 spaces per three bedroom unit; (4) nonresidential uses are prohibited, but accessory
33 uses to the residential development, such as a shoreside access facility associated with
34 an adjacent County-owned mooring field, club house or recreational facilities, are
35 permitted; (5) no market rate or transient residential units are allowed to be developed
36 or operated; and(6) all habitable buildings located within the 65—69 DNL(Day-Night
37 Average 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.
43
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,
46 mechanical equipment and architectural features utilized to hide mechanical
00180864-v1 00122598-v11 Page 7 of 20
1 equipment, including parapets, may be up to 44 feet above grade, and such structures
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.
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
12 unit. In addition, the Florida Keys Aqueduct Authority will meter accessory development
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
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.
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
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)(1)a., b., and c., mitigation, or sufficient
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 agreement 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
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
43 to assure construction or improvement of the facility; or
00180864-v1 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 income categories for the 280 units shall consist of One Hundred Twelve (112) moderate
18 income units, Ninety-eight (98) median income units, and Seventy (70) low income units. If
19 fewer than 280 units are built, the distribution of income categories for units built shall be 40%
20 moderate income, 35% median income, and 25% low income.
21
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-v11 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
4 1. By a corresponding resolution, the Board of County Commissioners has reserved
5 One Hundred Twelve (112) moderate income affordable ROGO allocations,
6 Ninety-eight (98) median income affordable ROGO allocations, and Seventy (70)
7 low 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), (0(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 (0(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-v1 00122598-v11 Page 14 of 20
1
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-vl 00122598-v11 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 CIO 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
greement 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 shall be upon the abandonment of
35 Laurel Avenue, McDonald Avenue and First Avenue and subsequently'forty-five (45) days
36 after the duly signed and recorded Agreement is received by the Florida Department of
37 Economic Opportunity pursuant to Chapter 380, Florida Statutes, and if appealed, until the
38 appealed is resolved.
39
40
, 41 IN WITNESS WHEREOF, the Parties hereto have set their hands and seals on the day and year
42 below written.
43
44 WREC: - : ARTMENTS AT STOCK ISLAND,LLC
45
46 B . �d= --
00180864-v1 00122598-v11 Page 19 of 20
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WRECKER'S CAY APARTMENTS AT STOCK ISLAND,LLC
DEVELOPMENT AGREEMENT
EXHIBIT 1
This Instrument Prepared by: Frlai: 214946d d 1 02/2018 R 11:50A111
of
MONROI COUNTY KEVIN MADOK
Jennifer G.Sanchez,Esq.
Sanchez&Ashby,P.A.
1223 White Street,Unit 104 01./02/2015 11:50AM
Key West,FL 33040 DEED DOC STAMP CL: Krys $19,250.03
(305)293-0084
Parcel ID No.:00124560-000000. Clac..q 2149466
DIGS 21385 P9p 1490
GENERAL WARRANTY DEED d�,
THIS GENERAL WARRANTY DEED is made and executed this ���(" day of
December, 2017 by WESTGROUP TROPIC PALMS, LLC, a Florida limited liability
company, having an address of 600 6th Street S., Kirkland, WA 98033 ("Grantor"), to
WRECKERS CAY APARTMENTS AT STOCK ISLAND, LLC, a Delaware limited
liability company, having an address of 150 SE 2nd Ave., Suite 800, Miami, FL 33131
("Grantee").
•
WITNES SETH:
THAT Grantor,for and in consideration of thesum of Ten and No/100 Dollars($10.00),
and other good and valuable consideration paid to Grantor by Grantee,the receipt of which is
hereby acknowledged,by these presents does grant,bargain,sell and convey to Grantee,and its
successors and assigns forever,that certain real property located in Monroe County,Florida and
fully described as follows(the"Property"):
Lots 1,2,3,4,5,6,7,8,9,10,16, 17,18, 19 and 20,Block 34,McDonald's.
Nat of STOCK ISLAND, according to the Plat thereof, recorded in Plat
Book 1,Page 55,of the Public Records of Monroe County,Florida.
TOGETHER WITH all improvements,tenements,hereditaments and appurtenances
thereto belonging or in any way appertaining to the Property.
TO HAVE AND TO HOLD the foregoing in fee simple forever.
SUBJECT TO:(1)taxes for the year 2018 and all subsequent years thereafter,and(2)all
conditions,easements and restrictions of record,without hereby reimposing same.
GRANTOR does hereby warrant the title to the Property and will defend the same
against the lawful claims of all persons whomsoever.
•
8281561-1
Lai:a 2149466
Skiff 2885 NA 1491
IN WITNESS WHEREOF1 . s for has executed and delivered this General Warranty
Deed as of the day and year firs : •ove written.
•
WITNESS -. I GRANT
/4;fe..e
•��r'� �," ��r�=�.� WE GR 1 'TROPIC PALMS,LLC,
Print Name: ,/,,�r�XZ-- a Florida limited liability company
By:Noble House Associates,LLC,
P ' tName: e a Delaware limited liability company,
its Manager
By:Colee Family Trust,u/t/d/December
30,1997,aWas" t trust 'ts Manager
B . .
Patrick R.Co ee,Trustee
STATE OF WflcJtINGTD.J )
COUNTY OF g,gjG )
The foregoing instrument was acknowledged before me this jq day of December,
2017 by Patrick R.Colee,individually and as Trustee of the Colee Family Trust u/t/d December
30,1997,a Washington trust,as Manager of Noble House Associates,LLC,a Delaware limited
liability company, as Manager of Westgroup Tropic Palms, LLC, a Florida limited liability
company. He is personally known to me or has produced
as identification.
♦♦♦ r.._ My commission expires:I Z/0`4I2,019
% SP GAR RRo e NOTARY PUBLIC,State of W
\•sION F A• '. Print ame: ryte.Ussa C a .O
so 'CARy �• r • \61440{
•r
8281561-1 MONROE COUNTY
OFFICIAL RECORDS
WRECKER'S CAY APARTMENTS AT STOCK ISLAND,LLC
DEVELOPMENT AGREEMENT
EXHIBIT 2
TROPIC PALMS, 6125 SECOND STREET, STOCK ISLAND,FLORIDA 33040
RE No.: 00124560-000000
LEGAL DESCRIPTION:
Lots 1,2, 3,4, 5, 6, 7, 8, 9, 10, 16, 17, 18, 19 and 20,Block 34,McDonald's
Plat of STOCK ISLAND, according to the Plat thereof, recorded in Plat Book 1,
Page 55, of the Public Records of Monroe County, Florida.
WRECKER'S CAY APARTMENTS AT STOCK ISLAND,LLC
DEVELOPMENT AGREEMENT
EXHIBIT 3
aSt
WRECKER'S CAY APARTMENTS AT STOCK ISLAND, LLC
DEVELOPMENT AGREEMENT
EXHIBIT 4
County of Monroe
Growth Management Division
Planning&Environmental Resources board of County Comntissionerq
Mayor Charles"Sonny"McCoy.Dist.3
2798 Overseas Highway,Suite 410 .t; Mayor Pro Tern Mario Di Gennaro.Dist.4
Marathon.FL 33050 Dixie Spchar.Dist. I
Voice: (305)289-2500 _ _ George Neugent.Dist.2
FAX: (305)289-2536 Sylvia J.Murphy,Dist.5
We strive to be caring,professional and fair
February 21,2008
Adele V. Stones
Stones&Cardenas
221 Simonton Street
Key West. FL 33040
RE: LETTER OF DEVELOPMENT RIGHTS DETERMINATION FOR THE
CLARENCE NEWMAN RESTATED REVOCABLE TRUST PROPERTY,
LOCATED AT 6125 SECOND STREET,STOCK ISLAND, MILE MARKER 5
(OCEANSIDE)AND HAVING REAL ESTATE NUMBER 00124560.000000
Ms. Stones:
This letter is in response to your request for a determination as to the number of dwelling units
that may be rebuilt and exempt from the Residential Rate of Growth Ordinance (ROGO) on the
above-described premises.
I. Background Information
The subject property, commonly known as
Tropic Palms Mobile Home Park and f 'previously known as Rolfs Trailer Park, is
located at 6125 Second Street on Stock
Island. It is comprised of one (1) parcel,
having Real Estate (RE) number
00124560.000000 and legally described as
Block 34, Lots 1-10 & 16-20, Maloney Sub, '
Stock Island (PB 1-55). The aerial
photograph to the right shows the •
boundaries of the subject property (outlined ,
in blue).
Subject Property,Clarence Newman
Restated Revocable Trust Property
Clarence Newman Restated Revocable Trust Property,Letter of Development Rights Determination Page I of 8
The property is within an Urban Residential Mobile Home Limited (URM-L) Land Use District
and has a Future Land Use Map(FLUM)designation of Residential High(RH).
A site visit was conducted by Planning & Environmental Resources Department Staff on
December 14, 2007. Staff observed fifteen (15) mobile homes, ten (10) recreational vehicles
(RVs)and several accessory structures.
H. Residential Dwelling Units
In the application, it is asserted that 25 to•26 dwelling units, in the forms of mobile homes and
RVs, are lawfully-established and thereby exempt from the Residential Rate .of Growth
Ordinance (ROGO)permit allocation system.
As set forth in §9.5-4 of the Monroe County Code (MCC); a mobile home is a structure
transportable in one or more sections which structure is 8 body feet or more in width and over 35
feet in length, which structure is built on an integral chassis and designed to be used as a
dwelling when connected to the required utilities and includes the plumbing, heating, air
conditioning and electrical systems contained therein, including expandable recreational vehicles,
known as "park models" designed and built as a permanent residence, the structure for which is
35 feet or less in length and in excess of 8 feet in width.
As set forth in MCC §9.5-4, a recreational vehicle is a vehicle or portable structure built on a
chassis and designed as a dwelling for travel, recreation or vacation for tenancies or less than six
months; which has a transportable body width not exceeding 8 feet and a length not exceeding 35
feet;.and which does not qualify as mobile home;.and 1)the travel trailer or park trailer has been
placed in a travel trailer park, campground or a storage yard; 2) the travel trailer or park trailer
has current licenses required for highway travel; and 3)the travel trailer or park trailer is highway
ready. This means that the travel trailer or park trailer is on its wheels or internal jacking system
and attached to this site only by the quick disconnect-type utilities commonly used in
campgrounds and trailer parks or by security devices.
A mobile home and some types of RVs are considered types of dwelling units. As defined in
MCC §9.5-4 (D-31), a dwelling unit is one (1) or more rooms physically arranged to create a
housekeeping establishment for occupancy by one (1) family with separate toilet facilities.
Mobile homes are also considered permanent residential units. In addition, "park model" RVs
and RVs that meet the criteria set forth in Administrative Interpretation No. 01-115, are
considered permanent residential units. As defined in MCC §9.5-4 (P-4), a permanent
residential unit is a dwelling unit that is designed for, and capable of, serving as a residence for a
full housekeeping unit which includes a kitchen composed of at least a refrigerator and stove.
Pursuant to MCC §9.5-120.4(a), the ROGO shall not apply to the redevelopment, rehabilitation
or replacement of any lawfully-established residential dwelling unit which does not increase the
number of residential dwelling units above that which existed on the site prior to the
redevelopment, rehabilitation or replacement. Therefore, owners of land containing residential
Clarence Newman Restated Revocable Trust Property.Letter of Development Rights Determination Page 2 of 8
dwelling units shall be entitled to one unit for each such unit lawfully-established.
Administrative Interpretation 03-108 provides the criteria to be used by Staff to determine
whether or not a residential unit was lawfully-established:
(a) A permit or other official approval from the Division of Growth Management for the
dwelling units:
Original building permits for the existing mobile homes and RV spaces were not located
for review. However, the building permit history for the property supports the existence
of a mobile home/RV park on the property from the late 1970s to present. In order to
view all of the building permits found for the property, with corresponding descriptions
and dates of issuance,please refer to Attachment A.
Five (5) building permits were found which authorized the replacements of mobile
homes. However, no building permit clearly indicates the number of mobile homes on
the property at any given time.
(b) If a permit or other official approval from the Division of Growth Management is not
available, the following information may be used to establish that a residential unit was
lawfully-established:
a. Aerial photos showing the structure in existence prior to 1986:
Aerial photography from 1982 to 2006 confirms the continuous existence of a mobile
home/RV park on the property. Aerial photography from 2006 indicates the presence
of 25 mobile homes and/or RVs. However, due to a lack of clarity in the aerial
photography prior to 2006 and the dense site layout of the mobile home/RV park,
Staff could not use the available photography to accurately determine the number of
mobile homes or RVs in existence at any given time prior to 2006.
b. Monroe County property record card showing the existence of the unit prior to 1986:
The Monroe County Property Appraiser assessed the property identified as RE
00124560.000000 from 1982 to 1983 under a property classification (PC) code of PC
02 (Mobile Home). In 1984,the PC code was changed to PC 00(Vacant Residential)
and the property was assessed as PC 00 until 1986. In 1987, the PC code was
changed to PC 01 (Single Family Residential). In 1988, the PC code was changed to
PC 36 (Mobile Home Parks, Private Camping, Rec. Parks) and the property has been
assessed as PC 36 until present.
The 2007 Monroe County property record card for RE, 00124560.0000.00 shows a
building value on the parcel from 1987 to 2005; however it currently attributes no
buildings to the property. The 2007 property record card includes the appraiser notes:
"no mobile homes in this park belong to the owners of the park, they are all privately
owned, as of the date of this note [2006-1-12]. Tropic Palms Mobile Home Park f/k/a
Clarence Newman Restated Revocable Trust Property,Letter of Development Rights Determination Page 3 of 8
Rolfs Trailer Park [has] 25 sites" and "parcel has many mobile homes. & RVs;
interview with Torn Newman: he owns all [mobile homes] (but the one on the
[property record card]) and the trust owns the land. He told me he has [mobile home]
stickers for all units."
Mobile homes and RVs finder separate ownership or not assessed as property by the
Property Appraiser are not reflected as structures on the property record card.
The 2006 property record card shows a building value on the parcel from 1987 to
2005 and currently attributed one (1) building to the property. The building is
specified as"R1"and the year built was indicated as 1981.
In addition to the 2007 and 2006 property record cards, property record cards from
1966 to 1978 indicate that there was a mobile home development on the property at
those times. A written comment, dated December 16, 1966, states that 25 concrete
slabs(9ft x 20ft)were in existence at that time.
c. Utility records that show the residential use being served prior to 1986:
The Applicant submitted a facsimile correspondence between Stones& Cardenas and
City Electric System, dated January 24, 2007, which indicates that there are 25 meters
for electric service on the property. The accounts were initiated between 1981 and
2001. However, no clarification is provided as to if multiple accounts are attributable
to one "unit" and as to whether the dates provided are service initiation dates for a
specific customer or initial installation dates for the meters.
The Applicant submitted a facsimile correspondence between Stones & Cardenas and
the Florida Keys Aqueduct Authority, dated January 24, 2007, which indicates that
there is one(1)meter for water service on the property.
d. Whether the residential use could have been a permitted use under the pre-1986
zoning of the property:
Prior to 1986, the property was partially within a RU-3 district (Multiple Family
Residence) and a BU-2 (Medium Business District). Mobile homes and RVS were
prohibited in the RU-3 and BU-2 districts. However, according to the records
reviewed, the mobile home/RV park appears to have been established at a time that
would pre-date the adoption of the pre-1986 zoning ordinances.
e. Occupational Licenses showing the use being served prior to 1986:
Tropic Palms Mobile Home Park has a valid Monroe County occupational license for
2007 (Account Number 47144-0085103). The total number of mobile homes or lots
is not specified.
Clarence Newman Restated Revocable Trust Property, Letter of Development Rights Determination Page 4 of 8
A State of Florida Department of Business and Professional Regulation annual fee
statement, dated October 1,2007, states that there are 25 units/lots on the property..
f. Other Supporting Information:
The 1988 mobile home study indicates that ten (10) mobile homes, two (2)
"permanent"RVs and two(2)RVs were observed on the property at that time.
A boundary survey by R.E. Reese, P.A., dated March 31, 2001, shows 24 mobile
home / RVs. The survey only shows structures and does not differentiate between
mobile homes and RVs. The boundary survey was submitted with the development
rights determination application and the building permit application for Building
Permit 051-0330. A 25`1' mobile home/RV identified as "10" is drawn in by hand
over the boundary survey in both applications.
A copy of an application from 1999 to the State of Florida Department of Health for a
mobile home park (identified as Rolfe's Trailer Park) indicates a total 26 mobile
home/RV spaces.
A State of Florida Department of Health mobile home, lodging, recreational vehicle
park and recreational camp inspection report for Rolf's Trailer Park, dated September
14, 1998, indicates that there were 26 mobile home park permitted spaces and "N/A"
RV permitted spaces on the property at that time. All 26 spaces were described as
occupied.
A 1980 Key West City Directory suggests that Rolfe's Trailer Park on Second Street
consisted of 26 spaces at that time-lots 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16,
17, 18, 20, 21, 22, 24, 25, 32, 33, 34, 35 & 36. A 1987 Key West City Directory
suggests that Rolfe's Trailer Park on Second Street consisted of 26 spaces at that
time-lots 1, 2, 3, 4, 6, 7 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 20, 21, 22,24, 25,
32, 33,35 &36. However, lots 11, 24 and 25 were described as vacant.
A State of Florida Department of Health operating permit (44-54-00026) for Tropic
Palms Mobile Home Park, dated September 18, 2006, states that the property
consisted of 25 mobile home spaces and 0 RV spaces.
III.Lawful Determination
Based on a review of the records, the Planning Department has determined twenty-five (25)
permanent residential dwelling units are lawfully-established on the subject property.
In the application, it is asserted that 25 or 26 mobile homes/RVs are lawful. Currently,there are
15 mobile homes and 10 RVs in existence. It appears that 26 mobile homes/RVs may have
existed on the property at some time; however information contained within building permit
applications and other records suggest the presence of no more than 25 mobile homes/RVs on the
Clarence Newman Restated Revocable Trust Property,Letter of Development Rights Determination Page 5 of 8
property since at least 1990. As a result, only 25 mobile homes/RVs were included in the
hurricane evacuation model (which is based on the 1990 census) and thereby exempt from the
ROGO permit allocation system.
Staff has found that the 15 mobile homes and 10 RVs are permanent residential units. Mobile
homes, "park model" RVs, and RVs that meet the criteria set forth Administrative Interpretation
No. 01-115 are considered permanent residential units.
IV.Future Redevelopment On-Site
For each residential unit replaced, the equivalent amount of existing dwelling units must be
demolished or removed with a valid Monroe County Building Permit.
Any redevelopment of the mobile home/RV park would be subject to the inclusionary housing
provisions set forth in MCC §9.5-266(b). In general, if the mobile home park is redeveloped, 30
percent of the 25 lawfully-established dwelling units would have be redeveloped as deed-
restricted affordable housing units,as provided for in MCC §9.5-266 and §9.5-4(A-5).
Future Redevelopment On-Site
As provided in MCC §9.5-268, notwithstanding the provisions of MCC §9.5-262 and §9.5-263,
the owners of land upon which a lawfully-established dwelling unit or a mobile home, but not
including transient residential units, exists shall be entitled to one (1)dwelling unit for each such
unit in existence. Therefore, all of the lawfully-established mobile homes may be replaced on-
site.
Land Use Intensity:
iNr
Residential 1 unit/lot 15 platted lots 15 units 25 units 167%
(Permanent)
Pursuant to MCC §9.5-235.1, in the URM-L District, mobile homes and recreational vehicles as
provided in Florida Statutes Chapter 513 are permitted use. Conventional dwelling units and
transient use of recreational vehicles is not permitted in the URM & URM-L Districts.
Therefore, the mobile homes may only be replaced with mobile homes or RVs as provided in
Florida Statutes Chapter 513. The mobile homes and RVs spaces may not be used transiently.
Future Redevelopment Off-Site
The property owner may transfer existing, lawfully-established residential dwelling units to
eligible receiver sites following a pre-application conference and the granting of conditional use
approval:
Clarence Newman Restated Revocable Trust Property,Letter of Development Rights Determination Page 6 of 8
a. Permanent Residential Dwelling Units: Pursuant to MCC §9.5-120.4(b), one (1)to 25 of the
lawfully-established permanent residential dwelling units may be transferred off-site to an
eligible receiver site as affordable housing. The sender and receiver sites must meet the
criteria set forth in MCC §9.5-120.4(b). The new affordable housing dwelling unit must
meet the requirements set forth in MCC §9.5-4(A-5).
We trust that this information is of assistance. If you have any questions regarding the contents
of this letter or if we may further assist you with your project, please feel free to contact our
Marathon office at(305)289-2500.
You may appeal decisions set forth in this letter. If you choose to do so, please contact the
Planning Commission Coordinator, Ms. Nicole Petrick, at (305) 289-2500 for the necessary
forms and information. The appeal must be filed with the County Administrator, 1100 Simonton
Street, Gato Building, Key West, FL 33040, within thirty(30)working days from the date of this
letter. In addition, please submit a copy of your application to Ms. Petrick, Planning
Commission Coordinator, Monroe County Planning & Environmental Resources Department,
2798 Overseas Hwy, Suite 410, Marathon, FL 33050.
Sincerely, /
—77--....- . 4'.°:016
Townsley S'hwa
Acting Sr. Director of Planning& Environmental Resources
Cc: Kathy Grasser, Planner
Joseph Haberman, Principal Planner
Clarence Newman Restated Revocable Trust Property,Letter of Development Rights Determination Page 7 of 8
Attachment A: Monroe County Building Permit History:
0444414-1101411014 - tfi .
21616 10/02/1970 Construct utility room 7
A598 09/12/1975 Rebuild meter center --
A729 11/05/1975 Extend service 15-18
A1331 06/02/1976 Trailer tie down 18
A4477 12/11/1978 Trailer tie-down&blocking
A5058 04/02/1979 _ Replace mobile home 8-10
A5099 04/10/1979 Replace mobile home 3
A5427 06/14/1979 Trailer tie-down 10
A9904 11/16/1982 Trailer tie-down&electric meter box 14
A10139 1/27/1983 Construct addition to mobile home 34
A 10395 03/31/1983 Construct screened wood deck 3
A 10601 06/03/1983 Trailer tie-downs 23
A10948 09/29/1983 Relocate electric service 9& 10
AI2132 08/08/1984 Install wood fence 8-10
A12648 12/12/1984 Construct storage shed&install slab and wood fence 9
A16652 12/17/1986 Replace existinj wooden deck 8&9
941-0478 04/15/1994 Demolish carport 35
981-0345 04/14/1998 Repairs to mobile home --
-001-0083 10/16/2001 Replace mobile home 36
001-0503 02/08/2002 Re-roof mobile home 22
001-3049 07/06/2000 Replace 6 gang meter center --
011-1021 06/13/2001 A-T-E construct covered porch 21
011-1381 05/11/2001 Re-roof mobile home --
011-3768 10/05/200I Install wood fence 1 &35
011-3949 11/13/2001 Replace mobile home 20
021-0978 03/26/2002 _ Install wood fence --
021-1862 05/16/2002 Demolish mobile home 6
021-2029 05/16/2002 Demolish mobile home 9
021-2555 07/12/2002 Construct slab 6
021-2556 07/12/2002 Construct slab 9
021-2557 07/12/2002 _Upgrade existing slab 15
021-3884 09/03/2002 Install 100 amp sub feed to new RV pedestal 6
021-4176 09/19/2002 Renew permit 001-0083 36
041-2995 06/25/2004 Miscellaneous electric improvements --
051-0330 01/21/2005 _Demolish mobile home 32
051-0727 02/17/2005 Upgrade existing 60 amp service to 100 amp 32
051-0728 03/08/2005 Construct wood fence 1 &8-10
051-6847 01/05/2006 Remove fig tree --
061-0152 08/24/2006 Demolish mobile home 7
061-5598 09/25/2006 Sewer tie in --
071-0245 01/16/2007 Demolish all structures 4
071-1900 04/26/2007 Replace two 200 amp service --
Clarence Newman Restated Revocable Trust Property,Letter of Development Rights Determination Page 8 of 8
WRECKER'S CAY APARTMENTS AT STOCK ISLAND,LLC
DEVELOPMENT AGREEMENT
EXHIBIT 5
Dom:A 2151555 01/18/2018 3:57PMI
Filed 8 Recorded in Official Records .of
MIONROE COUNTY KEVIN MADOK
This Instrument Prepared by: 01/:.8/2018 3:57PM
DEED DOC STAMP CL: Krys $59,500.031
Jennifer G.Sanchez,Esq.
Sanchez&Ashby,P.A. Cloi:q 2151555
1223 White Street,Unit 104 1:11t13 21387 Pgq 1867
Key West,FL 33040
(305)293-0084
Parcel ID No.:00124540-000000//1158666.
GENERAL WARRANTY DEED
THIS GENERAL WARRANTY DEED is made and executed this 17/day of
January, 2018 by WATERS EDGE COLONY, INC., a Florida corporation, having an
address of 2625 Gulfview Drive, Key West,FL 33040("Grantor"),to WRECKERS CAY
APARTMENTS AT STOCK ISLAND, LLC, a Delaware limited liability company,
having an address of 150 SE 2'd Ave.,Suite 800,Miami,FL 33131 ("Grantee").
WITNESSETH:
THAT Grantor, for and in consideration of the sum of Ten and No/100 Dollars
(S 10.00), and other good and valuable consideration paid to Grantor by Grantee, the receipt
of which is hereby acknowledged,by these presents does grant, bargain, sell and convey to
Grantee, and its successors and assigns forever,that certain real property located in Monroe
County, Florida and fully described on Exhibit A attached hereto and incorporated herein
(the"Property"),
TOGETHER WITH all improvements,tenements,hereditaments and appurtenances
thereto belonging or in any way appertaining to the Property.
TO HAVE AND TO HOLD the foregoing in fee simple forever.
SUBJECT TO: (1) taxes for the year 2018 and all subsequent years thereafter,and
(2)all conditions,easements and restrictions of record,without hereby reimposing same.
GRANTOR does hereby warrant the title to the Property and will defend the same
against the lawful claims of all persons whomsoever.
[signature page follows]
8281561-1
':1u,:q 2131555
k,kl7 27387 POI 1868
IN WITNESS WHEREOF, Grantor has executed and delivered this General
Warranty Deed as of the day and year first above written.
WITNESSES: GRANTOR:
__ WATERS EDGE COLONY,INC.,
P% II e: ii-A/ 22 _fi'l.Usd ti! J da Florida corporation
(-- - .,)
_, _ _______
By: (1:;?g/2'll-e-'2.-4-,----<.L.te:d.,f..e__,_
Print Na ( LLe• j%r , a i'v Name: q y,e,v,e C lip ei,_.-
Title: Re'1 ite,,, —
STATE OFr,..t 0 )
)
COUNTY OF thoL)Il )
The foregoing instrument was acknowledged before me this ( 2-day of January,
2018 by eP.,rve 0 e-✓s (r_ /co4 ,... , as trzsi of Waters
Edge Colony, Inc., a Florida corporation. He/she is pei ovally known to me or has produced
as if en i Ica ,n.
My commis '.n expires:
if TARY PUBLIC, State of
Print Na.• e:
Jawaxu8ONuW
Caeakdoo/FF973797
•°�..„. Eck's. flyi19, 0
'4'+�, -r Wed illwn lF+llranr *X41 m1
8281561-1
I o:U 2151555
tlkla 2887 PO 1869
EXHIBIT A
Legal Description
The Parcel of land herein described is located on Stock Island, Monroe County, Florida and is Block
32 according to plat entitled "All Lots 1, 2, 3, 5, 6, Section 35; Lot 2,Section 36; Lot 3, Section 26;
Lot 2, Section 34; Stock Island,Township 67 South, Range 25 East recorded in Plat Book 1, at
Page 55, of Monroe County Official Records and is more particularly described as follows:
Begin at the intersection of the North line of MacDonald Avenue and the East line of Second Street;
thence North along the said East line of Second Street a distance of 250 feet to a point in the
South line of East Laurel Avenue; thence at right angles and Easterly along the said South line of
East Laurel Avenue &distance of 360 feet to the shoreline of Boca Chica Channel; thence Southerly
and Easterly along the meanders of said shoreline a distance of 360 feet; more or less, to a point
of intersection with the said North line of MacDonald Avenue; thence Westerly along the North line
of MacDonald Avenue a distance of 620 feet back to the Point of Beginning.
TOGETHER with the improvements situate thereupon.
TOGETHER with any and all riparian rights to the same belonging or in anywise appertaining, said
premises also being described as follows:
Lots 1 to 7, both Inclusive, and Lots 11 to 21, both inclusive, Block 32, MCDONALD'S PLAT, Stock
Island, according to the Plat thereof, recorded in Plat Book 1, Page 55, of the Public Records of
Monroe County, Florida.
ALSO:
A parcel of submerged land in Boca Chica Channel adjacent to Government Lot 2, Section 35,
Township 67 South, Range 25 East, Stock Island, Monroe County, Florida, and more particularly
described as follows:
From the Northwest corner of Block 32, according to plat entitled "All Lots 1, 2, 3, 5, 6, SEC. 35,
LOT 2, SEC. 36, LOT 3, SEC. 26, LOT 2, SEC. 34, STOCK ISLAND,TOWNSHIP 67 S., RANGE 25 E.",
as recorded in Plat Book 1, Page 55, Official Records of Monroe County, Florida, go Easterly along
the North line of said Block 32 a distance of 360 feet, more or less, to a point on the shoreline of
' Boca Chica Channel, which is the point of beginning; thence continue Easterly along the same line
extended into the waters of Boca Chica Channel a distance of 800 feet to a point; thence at right
angles and Southerly a distance of 250 feet to a point in the South line of said Block 32 extended;
thence at right angles and Westerly along said South line extended a distance of 540 feet, more or
less, back to the shoreline; thence meander the shoreline in a Northwesterly direction a distance of
370 feet, more or less, back to the point of beginning.
pI0WR01 COUNTY
OFFICIAL RECORDS
8281561-1
WRECKER'S CAY APARTMENTS AT STOCK ISLAND,LLC
DEVELOPMENT AGREEMENT
EXHIBIT 6
WATER'S EDGE, 5700 LAUREL AVENUE, STOCK ISLAND,FLORIDA 33040
RE No.: 00124540-000000
• LEGAL DESCRIPTION
The Parcel of land herein described is located on Stock Island, Monroe County, Florida and is Block 32
according to plat entitled "All Lots 1, 2, 3, 5, 6, Section 35; Lot 2, Section 36; Lot 3, Section 26; Lot 2,
Section 34;Stock Island,Township 67 South,Range 25 East recorded in Plat Book 1,at Page 55,of Monroe
County Official Records and is more particularly described as follows:
Begin at the intersection of the North line of MacDonald Avenue and the East line of Second Street;thence
North along the said East line of Second Street a distance of 250 feet to a point in the South line of East
Laurel Avenue; thence at right angles and Easterly along the said South line of East Laurel Avenue &
distance of 360 feet to the shoreline of Boca Chica Channel; thence Southerly and Easterly along the
meanders of said shoreline a distance of 360 feet;more or less,to a point of intersection with the said North
line of MacDonald Avenue; thence Westerly along the North line of MacDonald Avenue a distance of
620 feet back to the Point of Beginning.
TOGETHER with the improvements situate thereupon.
TOGETHER with any and all riparian rights to the same belonging or in anywise appertaining, said
pre mises also being described as follows:
Lots 1 to 7, both Inclusive, and Lots 11 to 21, both inclusive, Block 32, MCDONALD'S PLAT,
Stock Island, according to the Plat thereof, recorded in Plat Book 1, Page 55, of the Public Records
of Monroe County, Florida.
ALSO:
A parcel of submerged land in Boca Chica Channel adjacent to Government Lot 2, Section 35, Township
67 South,Range 25 East,Stock Island,Monroe County,Florida,and more particularly described as follows:
From the Northwest corner of Block 32, according to plat entitled "All Lots 1,2, 3, 5, 6, SEC. 35, LOT 2,
SEC. 36, LOT 3, SEC. 26, LOT 2, SEC. 34, STOCK ISLAND, TOWNSHIP 67 S., RANGE 25 E.", as
recorded in Plat Book 1,Page 55,Official Records of Monroe County,Florida,go Easterly along the North
line of said Block 32 a distance of 360 feet,more or less,to a point on the shoreline of Boca Chica Channel,
which is the point of beginning; thence continue Easterly along the same line extended into the waters of
Boca Chica Channel a distance of 800 feet to a point;thence at right angles and Southerly a distance of 250
feet to a point in the South line of said Block 32 extended;thence at right angles and Westerly along said
South line extended a distance of 540 feet,more or less,back to the shoreline;thence meander the shoreline
"in a Northwesterly direction a distance of 370 feet,more or less,back to the point of beginning.
00176387-v1
1
WRECKER'S CAY APARTMENTS AT STOCK ISLAND,LLC
DEVELOPMENT AGREEMENT
EXHIBIT 7
W L
•
01
A
•
•
WRECKER'S CAY APARTMENTS AT STOCK ISLAND, LLC
DEVELOPMENT AGREEMENT
EXHIBIT 8
County of Monroe
Growth Management Division
Planning&Environmental Resources 7 1% Board of County Commissioners
Department - Mayor Heather Carruthers,District 3
2798 Overseas Highway,Suite 410 / ' is Mayor Pro Tern,George Neugent,District 2
Marathon,FL 33050 i{. -:a ,. o Danny Kolhage,District 1
Voice: (305)289-2500 \3 —" x David Rice,District 4
FAX: (305)289-2536 Sylvia J.Murphy,District 5
September 12,2016
Owen Trepanier
Owen Trepanier&Associates,Inc.
1421 lst Street#101
Key West,FL 33040
RE: LETTER OF DEVELOPMENT RIGHTS DETERMINATION FOR THE WATERS EDGE
COLONY, INC. PROPERTY, COMMONLY KNOWN AS WATERS EDGE COLONY
TRAILER PARK,5700 LAUREL AVE,STOCK ISLAND, ON PROPERTY CURRENTLY
HAVING REAL ESTATE NUMBER 00124540-000000.
Mr.Trepanier,
This letter is in response to your request for a determination as to the number of permanent dwelling units
and non-residential floor area that were lawfully established and thereby exempt from the Residential
Rate of Growth Ordinance (ROGO) and Nonresidential Rate of Growth Ordinance (NROGO) permit
allocation system on the above-described premises.
Background Information:
The property is comprised of a single parcel of land, currently assessed as real estate (RE) #00124540-
000000.The current legal description is Block 32,Lots 1-7 and 11-21 and adjacent bay bottom,Maloney
Subdivision(Plat Book 1,Page 55).
The property is located at 5700 Laurel Ave on Stock Island, at approximate mile marker 5 on the Atlantic
Ocean side of the Overseas Highway (US 1). The existing development consists of mobile homes and
recreational vehicles and is commonly known as Waters Edge Colony Trailer Park.
The following aerial photograph shows the boundaries of the property and the immediate area:
Waters Edge Colony Trailer Park(Stock Island),LDRD(File#2016-119) Page 1 of 10
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Subject Property with Land Use District Overlaid(Aerial dated 2015)
The property is located within the Urban Residential (UR) Land Use (Zoning) District. The property is
designated within the Residential High(RH) category on the Future Land Use Map (FLUM).
Residential Dwelling Units:
As defined in Monroe County Land Development Code(LDC)Section 101-1:
Dwelling unit means one (1) or more rooms physically arranged to create a housekeeping
establishment for occupancy by one(1) family with separate toilet facilities.
Permanent residential unit means a dwelling unit that is designed for, and capable of, serving as a
residence for a full housekeeping unit which includes a kitchen composed of at least a refrigerator
and stove.
Transient residential unit means a dwelling unit used for transient housing such as hotel or motel
room,seasonal residential unit,or space for parking a recreational vehicle or travel trailer.
Waters Edge Colony Trailer Park(Stock Island),LDRD(File#2016-119) Page 2 of 10
Based on the aforementioned definitions, a mobile home is a type of permanent residential unit and a
recreational vehicle (RV) is a type of transient residential unit.
Pursuant to (LDC) Section 138-22(1), the ROGO shall not apply to the redevelopment, rehabilitation or
replacement of any lawfully-established residential dwelling unit that does not increase the number of
residential dwelling units above that which existed on the site prior to the redevelopment, rehabilitation or
replacement. Therefore, owners of land containing residential dwelling units shall be entitled to one unit
for each such unit lawfully-established. The planning director shall review available documents to
determine if a body of evidence exists to support the existence of units on or about July 13, 1992, the
effective date of the original ROGO ordinance. In order to approve an exemption, at least two of the
following documents supporting the lawful existence of the residential dwelling unit or space must be
found:
a. Any issued Monroe County building permit(s) supporting the existence of the structure(s) and its
use(s)on or about July 13, 1992:
The following issued building permits are on file with RE #00124540-000000 in the Building
Department's records:
Permit# Year Unit/Space Description
Issued _
A12153 8/14/1984 13 Tie Down for Insurance Purposes
A17025 3/3/1987 I Trailer Replacement&Fence
A18592 8/26/1987 41 Mobile Home Replacement
A187 3/24/1975 67 Electrical Sub Feed
A1905 1/12/1977 34 Repair to existing service
A1906 1/12/1977 33 Install 60 AMP Sub Feed
A1907 1/12/1977 n/s Install 60 AMP Sub Feed
A2I48 3/17/1977 14 Install 1-100 AMP Sub Feed& 1-3 HP AC
A4095 8/28/1978 45 TTD &Blocking for Insurance Purposes
A5985 11/5/1979 14 Construct Screen Porch
A6159 12/28/1979 46 Trailer Tie Down for Insurance Purposes
A7019 7/16/1980 F Trailer Tie Down
A7104 8/6/1980 12 Tie Down/Mobile Home
A7974 3/16/1981 46 TTD Inspection for Insurance
A8186 4/24/1981 47 Refeed Meter Can with new Wire in Riser
A8221 4/30/1981 n/s Chain Link Fence
A9021 12/29/1981 11 Mobile Home Set Up
A9022 12/29/1981 43 Mobile Home Set Up
A9139 2/2/1982 MHP Removal of Spoil Bank
A9555 7/1/1982 12 Trailer Tie Down
00104049 9/15/2000 70 Electric
01103099 8/15/2001 16 Electric
03104008 10/7/2003 6 Demo
03105428 6/16/2004 30 Porch Screen
Waters Edge Colony Trailer Park(Stock Island),LDRD(File#2016-119) Page 3 of 10
04102157 5/7/2004 70 Demo
05101177 3/10/2005 8,9,28,29 Electrical Walk Thru
05102006 4/22/2005 32 Demo
05105348 10/3/2005 43 Electrical Walk Thru
05106524 12/5/2005 33 Roofing Walk Thru
06.100259 1/11/2006 32 Electrical Walk Thru
06104905 8/10/2006 45 Demo
06104909 8/10/2006 E Demo
07101802 4/26/2007 MHP Plumbing-Sewer Lateral To 63 Trailers •
08102106 6/5/2008 48-69 Electrical Walk Thru
08103199 9/4/2008 45,46,65,66 Electrical Walk Thru
10102805 6/9/2010 29 Building Miscellaneous-ATF
11103911 Not Issued 62 Demo Walk-Thru
11104960 10/7/2011 11,12,13,14 Electrical Walk Thru
12101318 4/10/2012 G Demo RV
12102947 7/11/2012 2,3,4,22,23 Electric
12104389 10/24/2012 n/s Demo RV
13100878 3/20/2013 49,50 Electric
19974 1/13/1970 41 Shed
25204 1/12/1972 MHP Sewage Line
30674 7/19/1973 70, 100 AMP service
34348 11/13/1974 70 Electric
87100921 12/1/1,987 41 Mobile Home Replacement
88100900 5/13/1988 1 Electric-For 4 Mobile Homes
88102276 11/23/1988 20 Building Miscellaneous
89100320 2/9/1989 MHP Dock/Docking Facility ATF
89102014 8/30/1989 1,2,19,20 Electric
90101294 7/26/1990 n/s Electric
9036 5/10/1965 1-7&13-20 Electric
91102640 4/23/1991 I Interior Renovations
91102905 6/5/1991 48 Electric
92105197 9/22/1992 42 Electric
92105210 10/27/1992 22 Building Miscellaneous
92105311 10/27/1992 11 Interior Renovations
92105353 11/23/1992 43 Mobile Home Replacement
92105389 12/9/1992 MHP Sewage Treat Plant-Commercial-552 Sf Slab&S.T.P.
92105408 11/23/1992 n/s Fence
93105953 4/7/1993 MHP Plumbing
94101486 1/12/1995 7 Roofing Residential
94101496 Not Issued 46 Roofing-Residential
96101204 8/22/1996 63 Roofing-Residential
96101592 10/29/1996 I Fence
97100507 4/3/1997 1 Demo
Waters Edge Colony Trailer Park(Stock Island),LDRD(File#2016-119) Page 4 of 10
97101403 9/17/1997 69 Shed ATF
97101404 9/17/1997 69 Fence
99101301 Not Issued 9 Mobile Home Replacement
MHP-Scope of work applies to the park as a whole,not a specific unit
n/s-Not Specified;The permit and application does not indicate a unit/space number
b. Documentation from the Monroe County Property Appraiser's Office indicating residential use on or
about July 13, 1992:
The Property Appraiser currently assesses the property under a property classification code of 28-Parking
Lots, Mobile Home Parks,their records indicate that residential and non-residential units have been on the
tax roll from 1988 to 2015. Twenty (20) residential units and one (1) nonresidential unit are currently
attributed to the property. The following table list the units currently attributed to the property.
Building# Year built Building type
1 1980 R1
2 1980 Non-residential
8 1973 R1
12 1965 R1
16 1959 R1
24 1960 RI
26 1965 RI
28 1969 RI
30 1964 R1
34 1965 RI
36 1965 RI
41 1965 R1
44 1966 RI
47 1962 R1
61 1965 RI
64 1965 R1
65 1960 R1
68 1965 R1
70 1965 RI
69A 1965 RI
69B 1965 R1
Note:these are units owned by the property owner, some units are privately owned and therefore not
included on the property record card.
R1 includes(1) 3-fixture bath and 1 kitchen.
c. Aerial photographs and original dated photographs showing the structure(s) existed on or about July
13, 1992:
Aerial photography from 1959 to 2015 confirms the continuous existence of structures on the property.
Aerial photography can only confirm the number of structures, not the use or number of dwelling units, in
Waters Edge Colony Trailer Park(Stock Island),LDRD(File#2016-119) Page 5 of 10
existence at any given time. Further, from the aerial photography, it cannot be determined with certainty
a) if a given structure was a RV, mobile home or another type of structure or vehicle and b) if a given RV
is being inhabited or stored.
d. Residential county directory entries on or about July 13, 1992:
Residential county directory entries were reviewed with no relevant information found.
e. Rental, occupancy or lease records, on or about July 13, 1992, indicating the number, type and term
of the rental or occupancy:
No occupancy or lease records were provided by the applicant for review.
f. State and/or County licenses, on or about July 13, 1992, indicating the number and types of rental
units:
A Monroe County Occupational License, #105490, with an expiration date of September 30, 1993 was
provided by the applicant.
g. Documentation from the utility providers indicating the type of service (commercial or residential)
provided and the number of meters in existence on or about July 13, 1992:
A letter from Keys Energy Service dated August 11, 2016, states that service has been provided to the
property since June 9, 1969. In addition, service records were provided by the applicant, the following
table lists the lots that received service.
Lot# Date service Lot# Date service was Lot# Date service was
was initiated initiated initiated
1 9/9/1982 22 _ 11/4/1980 45 2/24/1984
2 5/2/1980 23 4/7/1980 46 10/27/1980
3 10/20/1980 24 10/15/1965 47 10/13/1981
4 10/28/1980 25 3/17/1994 48 2/11/1980
5 1/21/1980 26 11/19/1982 49 9/19/1980
6 5/21/1980 27 2/5/1980 50 9/19/1980
7 10/28/1980 28 4/22/1981 61 3/31/1980
8 10/15/1963 29 2/21/1980 62 9/19/1984
9 6/17/1980 30 2/15/1980 63 4/10/1981
10 8/12/1980 31 11/6/1981 64 7/22/1980
11 10/14/1980 32 1/4/1980 65 9/11/1980
12 7/6/1982 33 6/13/1980 66 10/15/1965
13 4/8/1981 34 6/12/1981 67 11/2/1981
14 7/22/1982 35 9/11/1980 68 8/26/1994
15 1/4/1983 41 5/22/1987 69A _ 8/27/1993
16 8/18/1980 42 12/8/1993 70 2/10/1970
20 1/8/1980 43 _ 12/28/1992 E 4/6/2000
~21 8/4/1980 44 5/16/1980
Waters Edge Colony Trailer Park(Stock Island),LDRD(File#2016-119) Page 6 of 10
h. Similar supporting documentation not listed above as determined suitable by the planning director(as
found in Planning &Environmental Resources Department files and provided by the applicant):
A 1987 site plan of Waters Edge Colony Trailer Park was provided to Planning Department staff
in the application for a Letter of Development Rights Determination. The site` plan shows the
development as having 61 lots, 1 building, and a sewage treatment area..The site plan was part of
an approved August 12, 1987, mobile home park prospectus filing (Section 723.011(1), F.S.) for
the Waters Edge Colony Mobile Home Park. The prospectus was approved by the State of Florida
Department of Business Regulation.
May 27, 1987 park owner prospectus filing statement included that there were 52 occupied mobile
home lots and that 52 mobile home lots were permitted by HRS operating permit#44-058-87.
1988 Monroe County Mobile Home: the mobile home study indicates 50 mobile homes, 1
recreational vehicle, and 1 "other" structure. The 1 "other" structure indicated on the mobile home
study is consistent with and described as "building 2" on the Property Appraiser Record card.
A Letter of Understanding written by Planning Department staff, dated February 15, 2005,
determined 53 lawfully established permanent dwelling units, and 8 lawfully established transient
units. The 2005 LOU indicates this information was based on the 1988 Mobile Home Study
indicating 50 mobile homes, 1 recreational vehicle, and 1 "other" building, the Monroe County
List of RV Parks (1992) finding 52 mobile homes and 9 recreational vehicles; (permit #A-7019
issued 7/16/80 reclassified the unit as permanent), and State of Florida Department of Health
permit # 44-058-88 with inspection date 1/26/88 found 52 mobile homes and 9 recreational
vehicles.
A Letter of Understanding written by Planning Department staff, dated January 4, 2007, which
included "The LOU dated February 15., 2005 asserted that sixty-one (61) units were lawfully
established on the property, fifty-three (53) of which were permanent dwelling units, and eight (8)
of which were transient residential units."
Nonresidential Floor Area:
In the application, the applicant states that 2,000 square feet of building (non-residential) floor area, was
lawfully established on the property and thereby exempt from the Non-residential rate of Growth
Ordinance (NROGO).
As defined in LDC Section 138-47:
Nonresidential floor area means the sum of the total floor area for a nonresidential building or
structure, as defined in section 101-1. Additionally, covered and unenclosed boat racks with three
or fewer sides not associated with retail sales of boats are not considered nonresidential floor area.
Further, the term "nonresidential floor area" does not include space occupied by residential uses,
including spaces occupied by a transient residential unit and an institutional-residential use as
defined in section 101-1.
Waters Edge Colony Trailer Park(Stock Island),LDRD(File#2016-119) Page 7 of 10
Pursuant to LDC Section 138-48, the Nonresidential Rate of Growth Ordinance shall apply to all
nonresidential floor area for which a building permit is required by the Land Development Code and for
which building permits have not been issued prior to September 19, 2001, except as otherwise provided.
Pursuant to LDC Section 138-50, the redevelopment, rehabilitation or replacement of any lawfully
established nonresidential floor area which does not increase the amount of nonresidential floor area
greater than that which existed on the site prior to the redevelopment, rehabilitation or replacement shall
not be subject to the NROGO permit allocation system. Therefore, owners of land containing
nonresidential floor area shall be entitled to one square foot for each such square foot lawfully-
established. The Planning Director shall review available documents to determine if a body of evidence
exists to support the existence of units on or about September 19, 2001, the effective date of the original
NROGO ordinance.
Note: Pursuant to LDC Section 138-47, the term nonresidential floor area "does not include space
occupied by residential uses, including spaces occupied by a transient residential unit."
In order to approve an exemption, at least two of the following documents supporting the lawful existence
of the residential dwelling unit or space must be found:
a. Any issued Monroe County building permit(s)supporting the existence of the structure(s)and its
use(s) on or about September 19, 2001:
A search of the Building Departments records yielded no results.
b. Documentation from the Monroe County Property Appraiser's Office indicating residential use on or
about September 19, 2001:
The Property Appraiser currently assesses the property under a property classification code of 28-Parking
Lots,Mobile Home Parks and their records indicate that residential and non-residential units have been on
the tax roll from 1988 to 2015. Twenty(20) residential units and one (1) non-residential unit are currently
attributed to the property. The Property Appraiser currently describes a nonresidential structure as
"building 2", open storage—A-, with an area of 672 square feet and having a build date of 1980.
c. Aerial photographs and original dated photographs showing the structure(s) existed on or about
September 19, 2001:.
Aerial photography from 1959 to 2015 confirms the continuous existence of"building 2" on the property.
Aerial photography can only confirm the number of structures, not the use or number of dwelling units,in
existence at any given time.
d. Nonresidential County Directory entries on or about September 19, 2001:
Residential county directory entries were reviewed with no relevant information found.
e. Rental, occupancy or lease records, on or about September 19, 2001, indicating the number, type and
term of the rental or occupancy:
No nonresidential occupancy or lease records were provided by the applicant for review.
Waters Edge Colony Trailer Park(Stock Island),LDRD(File#2016-119) Page 8 of 10
f. State and/or county licenses, on or about September 19, 2001, indicating the nonresidential use:
A Monroe County Occupational License, #105490, with an expiration date of September 30, 1993 was
provided by the applicant.
g. Documentation from the utility providers indicating the type of service (commercial or residential)
provided and the number of meters in existence on or about September 19, 2001:,
A letter from Keys Energy Service dated August 11, 2016, states that service has been provided to the
property since June 9, 1969.
h. Similar supporting documentation not listed above as determined suitable by the planning director(as
found in Planning &Environmental Resources Department files and provided by the applicant):
A 1987 site plan of Waters Edge Colony Trailer Park was provided to Planning Department staff
in the application for a Letter of Development Rights Determination. The site plan shows the
development as having 61 lots, 1 building, and a sewage treatment area.
1988 Monroe County Mobile Home: the mobile home study indicates 50 mobile homes, 1
recreational vehicle, and 1 "other" structure. The 1 "other" structure indicated on the mobile home
study is consistent with and described as "building 2" on the Property Appraiser Record card.
Lawful Determination:
Based on a review of the records, the Planning & Environmental Resources Department has determined
that 61 dwelling units, in the form of 53 permanent residential units (mobile homes) and 8 transient
units (recreational vehicles), were lawfully established at the subject park and their replacement would
thereby be exempt from the ROGO and transient ROGO permit allocation system. In addition, it is
determined that 672 square feet of nonresidential floor area was lawfully established and its
replacement would thereby be exempt from the NROGO permit allocation system.
If the exempted units are replaced, all existing accessory structures must also be demolished unless
written permission stating otherwise is provided by the Planning &Environmental Resources Department.
This letter does not provide any vesting to existing regulations and the replacement dwelling units and
any new accessory structures must be built in compliance with all applicable regulations of the Monroe
County Code and Comprehensive Plan at the time of development approval. Furthermore, if the
exempted dwelling units are not replaced, but substantially improved as defined in the Monroe County
Code,they must be brought into compliance with all applicable regulations.
x
You may appeal any decision, determination or interpretation made in this letter pursuant to Monroe
County Code Section 102-185. A notice of appeal must be filed with the County Administrator, 1100
Simonton Street, Gato Building, Key West, FL 33040, within 30 calendar days from the date of this letter.
In addition, please submit a copy of your notice of appeal to the Planning Commission Coordinator,
Waters Edge Colony Trailer Park(Stock Island),LDRD(File#2016-119) Page 9 of 10
Monroe County Planning and Environmental Resources Department, 2798 Overseas Highway, Suite 410,
Marathon,Florida 33050.
We trust that this information is of assistance. If you have any questions regarding the contents of this
letter or if we may further assist you with your project, please feel free to contact our Marathon office at
(305) 289-2500.
Sincerely, r •
Mayte Santamaria Senior Director of Planning &Environmental Resources
Waters Edge Colony Trailer Park(Stock Island),LDRD(File#2016-119) Page 10 of 10
WRECKER'S CAY APARTMENTS AT STOCK ISLAND,LLC
DEVELOPMENT AGREEMENT
COMPOSITE EXHIBIT 9
cC.,ov!d vat 2Recorded n 04/16/2018oft R 4 17pn'
PIG'4R01' COUNTY KEVIN MRDOK
84/:.6l201E 4:17PM
DEED DOL STAMP CL: Krys $0.70
This instrument prepared by and return to:
Erica H.Sterling,Esq. Chou=a 2164460
Skl1 2301 POP 1140
Spottswood,Spottswood,Spottswood&Sterling,PLLC
500 Fleming Street
Key West,Florida 33040
QUITCLAIM DEED
THIS QUITCLAIM DEED is made and executed th•is l✓ day of April,2018 by EADEH
BUSH COMPANY,LLC,A FLORIDA LIMITED LIABILITY COMPANY having an address of
12 Driftwood Drive, Key West, Florida 33040 ("Grantor"), to WRECKERS CAY
APARTMENTS AT STOCK ISLAND, LLC, a DELAWARE LIMITED LIABILITY
COMPANY,having an address of 150 SE 2"d Ave.,Suite 800,Miami,FL 33131 ("Grantee").
WITNES SETH:
THAT Grantor,for and in consideration of the sum of Ten and No/100 Dollars($10.00),and
other good and valuable consideration paid to Grantor by Grantee,the receipt of which is hereby
acknowledged, by these presents does grant, bargain, sell and quit claim to Grantee, and its
successors and assigns forever,all of the Grantor's right,title and interest in and to that certain real
property located in Monroe County,Florida and fully described on Exhibit A attached hereto and
incorporated herein(the"Property"),
TO HAVE AND TO HOLD the same, together with all and singular improvements,
tenements,hereditaments and appurtenances thereunto belonging or in anywise appertaining,and all
the right, title, and interest whatsoever of Grantor, if any,to the only proper use and benefit of
Grantee.
[signature page follows]
Ela,-p 2184490
DM 2901 P9P 1141
IN WITNESS WHEREOF,Grantor has executed and delivered this Quitclaim Deed as of
the day and year first above written.
WITNESSES: GRANTOR:
EADEH BUSH COMPANY,LLC,
Pr' t Name: erica I-1 -s-VA i J a Florida limited liability company
1 r By: Q' `lot/ i��y:td„/L
Print Name: l • SO Name: ROBERT BUSH SNEED
Title: MANAGER
STATE OF 1 1 O4ILda- )
COUNTY OF ` I I N.r6- )
The foregoing instrument was acknowledged before me this f a day of
, 2018 by ROBERT BUSH SNEED, as Manager of EADEH BUSH
COMPANY, LLC, a Florida limited liability company. He is personally known to me or has
'produced •. fait ''cat on.
•
Myco -e• : 1 ILL'
NOTARY PUBLIC, State of F
�;fi;= MARY E.TURSO Print Name: MARY C. TURSO
MY COMMISSION#GG 103322
Ve.1. II
,p EXPIRES:May 16.2021
%01;,`,°•' Bonded ThruNotary Public Underwriters
G om# 2164490
Okm 2L901 1'9— 1142
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
A parcel of filled land in Boca Chico Channel, adjacent to and contiguous with Lot 18,Block 33,of
MALONEY'S SUBDIVISION OF STOCK ISLAND,according to the Plat thereof,as recorded in Plat Book 1,
Page 55,of the Public Records of Monroe County, Florida, and being more particularly described by
metes and bounds as follows;
BEGINNING at the Northeast corner of said Lot 18, Block 33, said corner being a point on the original
shoreline of Boca Chico Channel, as platted, thence continue on the easterly projection of the north
boundary line of the said Lot 18 on an assumed bearing of N89°55'40"E for a distance of 143.98 feet, to
the mean high water line of Boca Chico Channel; thence meander the mean high water line for the
following 4 courses:
1) thence S22°33'06"W for a distance of 3.78 feet;
2) thence S60°15'15"W for a distance of 68.99 feet;
3) thence S70°36'35"W for a distance of 56,48 feet; -
4) thence S09°01'38"W for a distance of 3.77 feet,to a point on the original shoreline of Boca Chica
Channel, as platted,said point which is 60,05 feet being measured perpendicular to the easterly
projection of the north boundary line of said Lot 18; thence meander the original shoreline in a
Northwesterly direction 66 feet, more or less, back to the Point of Beginning. Containing 4636 square
feet, more or less.
Sketch to illustrate the legal description of the Property:
wtiCK33
PART OF L r>F SLIONTRCE0 LAND
LOTS 1 AND 2
N89•55'40'E 143.98
1)522.33'06-W 3,78'
POC
POE
(PI)
o SAS
BLOCK 33 at, w FILLED LAND fi ti
LOT 18 �, NEWLY DESCRIBED
a.
_C;qNO
a� 44,
ASSUMED ROM PLAT 63S 56 AMGMWATER 827 WiE0r
31510•3 A5 LOCATED sena
SCALE: 1'=20'
LEGEND: 4)509601'38'W 3.77'
POC=Point of Commencement
POB=Point of Beginning
\
DIMMED RR Rockets DoM+rt'e.et.M Soot ltle,an UO
A Donal el n1.d love In Bea Odra Ceovel,aa)oo.r4 a and uMloutt t nIb Lot 18.ebar 11.nl
Tp MALa4cry StteolY131o1.1 Or 580CA t51AF0,amusing to the.tat tnnraoL. b l not Bow I.
`9 A Pao,58,a,Or Public Roared el Mwa" Dounq,Modem,end betrg man p0M ubely l'eu,b.D try
Y ` notes and baud,.blows.
�t MOWING'I N uo"Nut sonar of sill AN 18,BM&33,tab ca..,W ng a paint on dee o4dnal
3ij�• rLaeam Wsou CMu t?anr.l.a71•"d.oaammr00s.
r m es.adtA,ll Da)ea4a^tlaa nWrdl
A REECE & ASSOCIATES ' mermanMOdollorIntof IBcc.Oka[aoM od:tn.nre lflu wan high*Kr,'If.earthy
LAND SUR\OEY1NC 0) ro4 mDa.i
,a .u.aati ) uun.a 570'mew ler a dtdaoa da,78 tom,
2
2) two.560•I5I TM fa a chow.of 88.93 OM;
�' U•1W,.L: d .l¢A.'aa..eYl 3) blbleary. 57a7615 W ref a atmeca of 18.� a8 1ol
r..,n.oiu 4) dome 809e217W fmaol�an,aef177 fut,n a poled on tea certif.!obrentb el Boca Oda
Cbaoa.L at gated,talc point ream I,GOO het being measured Pnt.ndal"b res mtedl
Drnbroben C btu north boundary It.or wad Let DO teteF.mantled dor n127dd stop et In a
hvta..Ral7 Dbect on D6 tut,more a hw,wee a Me NM of 8e4kdn8 Ccutdel n a676 tgtta
ROO rala' rpm KKK.at 60'0,5 rDILRat 601 rM,06006 Sinn 1:4 1 nee:,mare Y Ln.
wM 0906/18 a4M1 Pn.toew5'oTef tt0Ma4 lo'1aam.2.t:4bW4..20,
e,Y.wR yy_ allca.7.at7.atIRW0els,L
t.alE 106 t th3f.b"M" SKETCH TO ILLUSTRATE LEGAL DESCRIPTION
OM.. Im STA.OP MAMA SECTION 35, TOWNSHIP 67 SOUTN,Range 25 East
t,.rgoa: aeA sum.,MD KAr.r. STOCK ISLAND,Monroe County,Florida
eWeo `'
.r.40.t MUM: tremor e. ,Iv].. wsvo.+m saran mAb frOM
i'IOi'IROE COUNTY
CIF IC:IRL RECORDS
�IQi::g ''iG44139 04/16/2fi18 4:17PII
fi.d 82
Reearded in Official Records 7:f
PlOPIROI. COUNTY KEVIN M9DOK
This Instrument Prepared by:
ERICA H.STERLING,P.A.
SPOTTSWOOD,SPOTTSWOOD,SPOTTSWOOD 2141/:.6/2018 4:17PM
&STERLING,PLLC 3E:EII DOC STAMP CL: Krys $17,780.0a
500 FLEMING STREET
KEY WEST,FL 33040 I.Ia.:q 11644I39
[Ikl:t 2901 Pgtt 1133
Parcel ID No.: 00124550-000000 and
00124550-000100
GENERAL WARRANTY DEED
i►
THIS GENERAL WARRANTY DEED is made and executed this �0 day of April,
2018 by EADEH BUSH COMPANY,LLC, a Florida limited liability company, having an
address of 12 Driftwood Drive, Key West, FL 33040 ("Grantor"), to WRECKERS CAY
APARTMENTS.AT STOCK ISLAND,LLC,a Delaware limited liability company,having
an address of 150 SE 2nd Ave., Suite 800, Miami, FL 33131 ("Grantee").
WITNESSETH:
THAT Grantor,for and in consideration of the sum ofTen and No/100 Dollars($10.00),
and other good and valuable consideration paid to Grantor by Grantee,the receipt of which is
hereby acknowledged,by these presents does grant,bargain,sell and convey to Grantee,and its
successors and assigns forever,that certain real property located in Monroe County,Florida and
fully described on Exhibit A attached hereto and incorporated herein(the"Property"),
TOGETHER WITH all improvements,tenements, hereditaments and appurtenances
thereto belonging or in any way appertaining to the Property.
TO HAVE AND TO HOLD all of the foregoing in fee simple forever.
SUBJECT TO: (1)taxes for the year 2018 and all subsequent years thereafter, and(2)
the matters set forth on Exhibit B attached hereto, without hereby reimposing same.
GRANTOR does hereby warrant the title to the Property and will defend the same
against the lawful claims of all persons whomsoever.
[signature page follows]
EIai$ 21644139
E kI1 2901 PO 1134
IN WITNESS WHEREOF, Grantor has executed and delivered this General Warranty
Deed as of the day and year first above written.
WITNESSES: GRANTOR:
EADEH BUSH COMPANY,LLC,
a Florida limited liability company
By: Aa'"If'"‘S
m Name: ERICA H. S ERLING Name:ROBERT BUSH SNEED
Title: MANAGER
PL . URSO
•
STATE OF ( Ota- )
COUNTY OFIM )
The foregoing instrument was acknowledged before me this Ay y of April,2018 by
ROBERT BUSH SNEED, as Manager of EADEH BUSH COMPANY, LLC, a Florida
limited liability company. He is personally known to me • has produced
as 'd ti ation. im _z,
My commissio exp. s. •' a f
NOTARY PUBLIC,State ofFh9L4c
Print Name: MARY E.TURSO
f.1 ai:41 2164489
Elkil 2901 PO 1135
EXHIBIT A
Legal Description
Parcel 1
Lots 1 and 2, Block 33, of MALONEY'S SUBDIVISION OF STOCK ISLAND, according to
the Plat thereof, as recorded in Plat Book 1, Page 55, of the Public Records of Monroe
County, Florida, LESS and EXCEPT the following:
COMMENCING at the Southwesterly corner of said Lot 1; thence run Easterly along the
South line of said Lot 1, a distance of 34.89 feet to the POINT OF BEGINNING; thence
continue Easterly along the previously described course along the Southerly lines of Lots
1 and 2, a distance of 219.02 feet; thence run Northwesterly along a line deflected 163°
20' 48" left, a distance of 93.27 feet; thence run Westerly along a line deflected 21° 44'
48" left, a distance of 69.97 feet; thence run Southwesterly along a line deflected 13°
47' 41" left, a distance of 63.38 feet to the POINT OF BEGINNING.
TOGETHER WITH: •
A portion of Lot 20, Block 33, of said MALONEY'S SUBDIVISION OF STOCK ISLAND,
described as follows:
COMMENCING at the Northwesterly corner of said Lot 20 (the " POINT OF BEGINNING");
thence run Easterly along the Northerly line of Lot 20, a distance of 34.89 feet; thence
run Southwesterly along a line deflected 71° 06' 42" right, a distance of 36.88 feet to a
point on the Westerly line of said Lot 20; thence run Northerly along said Westerly line,
a distance of 11.84 feet to the Northwesterly corner of said Lot 20 and the POINT OF
BEGINNING.
AND TOGETHER WITH:
A parcel of bay bottom land in the Straits of Florida East of and adjacent to Lot 2, Block
33, of said MALONEY'S SUBDIVISION OF STOCK ISLAND, according to the Plat thereof,
as recorded in Plat Book 1, Page 55, of the Public Records of Monroe County, Florida,
described as follows:
COMMENCING at the intersection of the East line of First Street and the South line of
MacDonald Avenue, as shown on said Plat; thence run East a distance of 100 feet, more
or less, to a point on the shoreline of the Straits of Florida and the POINT OF
BEGINNING; thence continue East along the East prolongation of the South line of said
MacDonald Avenue, a distance of 740 feet, more or less, to a point; thence at right
angles run South a distance of 125.00 feet to a point; thence at right angles run West a
distance of 680 feet, more or less, to a point on the shoreline of the Straits of Florida;
thence meander said shoreline of the Straits of Florida in a Northwesterly direction, a
distance of 140 feet, more or less, to the POINT OF BEGINNING.
EIo'.q 2164489
Eikl* 2.101 POI 1136
Parcel 2
All of Lots 18 and 19, Block 33, of MALONEY'S SUBDIVISION OF STOCK ISLAND,
according to the Plat thereof, as recorded in Plat Book 1, Page 55, of the Public Records
of Monroe County, Florida, TOGETHER WITH a portion of Lots 1 and 2, Block 33, of said
MALONEY'S SUBDIVISION OF STOCK ISLAND, more particularly described as follows:
COMMENCING at the Southwesterly corner of said Lot 1; thence run Easterly along the
South line of said Lot 1, a distance of 34.89 feet to the POINT OF BEGINNING; thence
continue Easterly along the previously described course along the Southerly lines of Lots
1 and 2, a distance of 219.02 feet; thence run Northwesterly along a line deflected 163°
20' 48" left, a distance of 93.27 feet; thence run Westerly along a line deflected 21° 44'
48" left, a distance of 69.97 feet; thence run Southwesterly along a line deflected 13°
47' 41" left, a distance of 63.38 feet to the POINT OF BEGINNING.
AND TOGETHER WITH:
Lot 20, Block 33, of said MALONEY'S SUBDIVISION OF STOCK ISLAND, LESS and
EXCEPT the following described portion thereof:
COMMENCING at the Northwesterly corner of said Lot 20 (the " POINT OF BEGINNING");
thence run Easterly along the Northerly line of said Lot 20, a distance of 34.89 feet;
thence run Southwesterly along a line deflected 71° 06' 42" right, a distance of 36,88
feet to a point on the Westerly line of said Lot 20; thence run Northerly along said
Westerly line, a distance of 11.84 feet to the Northwesterly corner of said Lot 20 and
the POINT OF BEGINNING.
Parcel 3:
That portion of the Northerly 1/2 of vacated First Avenue appearing in Resolution No.
279-1988, Resolution No. 518-2006 recorded in Official Records Book 2252, Page 1874,
and recorded in Official Records Book 2274, Page 2242 and Resolution No. 379-2006
recorded in Instrument No. 1629241. Being more particularly described as follows:
PARCEL 1:
A parcel of land on Stock Island being a portion of the Northerly 1/2 of First Avenue,
lying between the Easterly right of way line of First Street and the original shoreline of
Boca Chica Channel, also lying between Blocks 33 and 44, as shown on George
McDonald's Plat of Stock Island, as recorded in Plat Book 1, at Page 55, of the Public
Records of Monroe County, Florida, said parcel being more particularly described by
metes and bounds as follows:
COMMENCE as the Southwesterly corner of the said Block 33, said point also being the
Northerly right of way line of First Avenue and the Easterly right of way line of First
Street and run thence Easterly along the Northerly right of way line of the said First
Avenue for a distance of 24.00 feet to a point, said point being the Point of Beginning;
thence Southerly and at right angles for a distance
1:odi 2164489
1301 1 2901 Pgq 1137
of 30.00 feet to the centerline of the said First Avenue; thence Easterly and at right
angles along the centerline of the said First Avenue for a distance of 235.00 feet to the
original shoreline of Boca Chica Channel as shown on said Plat; thence Northerly with a
deflection angle of 104° 46' 15" to the left and along the original shoreline of Boca
Chica Channel as shown on said Plat for a distance of 20.5 feet, more or less, to the
apparent Mean High Water Line of the said Boca Chica Channel; thence meander
Westerly and Northwesterly along the apparent Mean High Water Line of the said Boca
Chica Channel for a distance of 64 feet, more or less, to the Northerly right of way line
of the said First Avenue; thence Westerly and along the Northerly right of way line of
the said First Avenue for a distance of 167 feet, more or less, back to the Point of
Beginning.
Ela,sq 21E4489
EtIcll 2901 PgU 1138
EXHIBIT B
Permitted Encumbrances
1. Storm Sewer Easement between Monroe County and the State Road Department of the State
of Florida,recorded in Official Records Book 379,Page 1033,of the Public Records of Monroe
County,Florida.
2. Perpetual Drainage Easement from the Trustees of the Internal Improvement Fund of the
State of Florida and the State Road Department of Florida,recorded in Official Records Book
381,Page 227,of the Public Records of Monroe County,Florida.
3. State Law under Chapter 76-190 and Chapter 22F-8.02 of the Florida Administrative Code
for Land Planning for the Florida Keys area of Critical Concern,as recorded in Official Records
Book 668,Page 43,of the Public Records of Monroe County,Florida.
4. Board of County Commissioners of Monroe County Resolution No. 518-2006,disclaiming
any interest in certain streets,alleys or roads,recorded in Official Records Book 2252, Page 1874,
and recorded in Official Records Book 2274,Page 2242,of the Public Records of Monroe
County,Florida.
5. Board of County Commissioners of Monroe County Resolution No. 379-2006, disclaiming
any interest in certain streets,alleys or roads,recorded in Official Records Book 2274,Page 2247,
of the Public Records of Monroe County,Florida.
6. Stormwater Utility Easement by Bush Sneed,Eadeh Bush Company,LLC,Grantor, in favor
of the Board of County Commissioners of Monroe County,Grantee,recorded in Official Records
Book 2480, Page 1660,of the Public Records of Monroe County,Florida.
7. Subject to House Bill No.634,Chapter 70-231,an Act relating to the bureau of beaches,
shores and coastal construction;amending chapter 161,Florida Statutes, by adding Section
161.052;providing a setback line for coastal construction and excavating;providing for the
granting of variances by the Department of Natural Resources;providing penalties;and providing
an effective date.
8. Rights of the United States of America and/or the State of Florida in and to navigable waters
or filled land, in the interest of navigation and commerce in what were formerly navigable waters,
and any conditions contained in any permits authorizing the filling in of such lands.
9. The rights, if any,of the public to use the public beach,recreation area, or any part of the land
lying between the body of water abutting the subject property and the natural line of vegetation,
the bulkhead line,the most extreme high water line or any other legally established boundary line
separating the publicly used area from the upland private area.
Elc all 2164439
I3k01 2 9001 POI 1139
10. The right,title or interest, if any,of the public to use any part of the land seaward of the most
inland of any of the following:
a.The natural line of vegetation.
b. The most extreme high water line.
c.The bulkhead line.
d.Any other line which has been or which hereafter may be legally established as relating to such
public use.
11. Rights of the public to use the waters over the submerged land lying within the subject
property for boating,fishing,swimming and other public purposes.
12. Conditions of the Trustee's Deed No 20059,recorded June 23, 1953 in Book G-70,Page 498
wherein in the Trustees of the Internal Improvement Fund reserve the following: Saving and
Reserving unto the Trustees of the Internal Improvement Fund of the State of Florida,and their
successors,title to an undivided three-fourths of all phosphate,minerals and metals and title to an
undivided one-half of all petroleum that may be in,on or under the above described land,with the
privilege to mine and developer the same. NOTE:The right of entry for mining,drilling and
exploration has been released pursuant to Section 270.11(2)(b)Florida Statutes.
13. Survey executed by Robert E. Reece,PLS and Mapper No. 5632,with the firm of Reece&
Associates,said survey dated February 6,2018,Drawing No. 18012201,CAD 18012201,
discloses the following matters:
A)Encroachment of a 6 foot wood fence on to adjoining land along the Northerly boundary line
of Parcel 1.
B)Encroachment of a elevated mobile home by 1.8 feet into first street along the Westerly
boundary line of Parcel 1.
C)Encroachment of a elevated mobile home by 36.8 feet and concrete slab into an area described
as Area B on Survey,apparent filled in lands.
NON ROE COUNTY
OFFICIAL RECORDS
WRECKER'S CAY APARTMENTS AT STOCK ISLAND,LLC
DEVELOPMENT AGREEMENT
COMPOSITE EXHIBIT 10
WOODSON, 6325 FIRST STREET, STOCK ISLAND,FLORIDA 33040
RE No.: 00124550-000000 AND 00124550-000100
LEGAL DESCRIPTION:
A parcel of filled land in Boca Chica Channel, adjacent to and contiguous with Lot 18, Block 33, of
MALONEY'S SUBDIVISION OF STOCK ISLAND, according to the Plat thereof, as recorded In Plat
Book 1,Page 55, of the Public Records of Monroe County, Florida, and being more particularly described
by metes and bounds as follows:
BEGINNING at the Northeast corner of said Lot 18, Block 33, said corner being a point on the original
shoreline of Boca Chica Channel, as platted, thence continue on the easterly projection of the north
boundary line of the said Lot 18 on an assumed bearing of N89°55'40"E for a distance or 143.98 feet, to
the mean high water line of Boca Chica Channel;thence meander the mean high water line for the following
4 courses:
1) thence S22°33'06"W for a distance of 3.78 feet;
2) thence S60°15'15"W for a distance of 68.99 feet;
3) thence 570°36'35"W for a distance of 56.48 feet;
4) thence S09°01'38"W for a distance of 3.77 feet, to a point on the original shoreline of Boca Chica
Channel, as platted, said point which fs 60,0S feet being measured perpendicular to the easterly projection
of the north boundary line of said Lot 18;thence meander the original shoreline in a Northwesterly direction
66 feet,more or less, back to the Point of Beginning,Containing 4636 square feet, more or less.
SKETCH TO ILLUSTRATE THE LEGAL DESCRIPTION OF THE PROPERTY:
BLOCK 33
PART Of Puma/96MLP.OD LAID
LOTS 1 AND 2
64fl7•S5"4O'E
1)677.3705'W 3,7E2
POC
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LOT 18 NEWLY DESCRIBED
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w.1Cs,.rM rat MrVM11.'a.ee M.i.i a* e.r+a.ni..D,pMh•1+•
ww..,lr r1.ab..Nr...,r+a-cr 1.14 P.A Ift' ri+aMK5.d...caU44g N I1..adr.
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SKETCH TO ILLUSTRATE LEGAL DESCRIPTION
1 N 1 T .A4.+L-tl
wwa, ra SECTION 35. TO'A916341P 57 SC JTH,112'g9 25 East
��.,. d:a Leo. ..nn. ""'r^" ' STOCK ISLAND,"forumCounty,Florida
00176399-v 1
Parcel 1
Lots 1 and 2, Block 33, of MALONEY'S SUBDIVISION OF STOCK ISLAND, according to the Plat
thereof, as recorded in Plat Book 1, Page 55, of the Public Records of Monroe County,Florida,LESS and
EXCEPT the following: COMMENCING at the Southwesterly corner of said Lot 1; thence run Easterly
along the South line of said Lot 1,a distance of 34.89 feet to the POINT OF BEGINNING;thence continue
Easterly along the previously described course along the Southerly lines of Lots 1 and 2, a distance of
219.02 feet; thence run Northwesterly along a line deflected 163° 20' 48" left, a distance of 93.27 feet;
thence run Westerly along a line deflected 21 ° 44' 48" left, a distance of 69.97 feet; thence run
Southwesterly along a line deflected 13° 47' 41" left, a distance of 63.38 feet to the POINT OF
BEGINNING.
TOGETHER WITH:
A portion of Lot 20, Block 33, of said MALONEY'S SUBDIVISION OF STOCK ISLAND, described as
follows:
COMMENCING at the Northwesterly corner of said Lot 20 (the" POINT OF BEGINNING");thence run
Easterly along the Northerly line of Lot 20, a distance of 34.89 feet;thence run Southwesterly along a line
deflected 71 ° 06' 42" right, a distance of 36.88 feet to a point on the Westerly line of said Lot 20;thence
run Northerly along said Westerly line, a distance of 11.84 feet to the Northwesterly corner of said Lot 20
and the POINT OF BEGINNING.
AND TOGETHER WITH:
A parcel of bay bottom land in the Straits of Florida East of and adjacent to Lot 2, Block 33, of said
MALONEY'S SUBDIVISION OF STOCK ISLAND, according to the Plat thereof, as recorded in Plat
Book 1,Page 55, of the Public Records of Monroe County,Florida, described as follows:
COMMENCING at the intersection of the East line of First Street and the South line of MacDonald Avenue,
as shown on said Plat;thence run East a distance of 100 feet,more or less,to a point on the shoreline of the
Straits of Florida and the POINT OF BEGINNING; thence continue East along the East prolongation of
the South line of said MacDonald Avenue, a distance of 740 feet, more or less,to a point; thence at right
angles run South a distance of 125.00 feet to a point;thence at right angles run West a distance of 680 feet,
more or less,to a point on the shoreline of the Straits of Florida;thence meander said shoreline of the Straits
of Florida in a Northwesterly direction,a distance of 140 feet,more or less,to the POINT OF BEGINNING.
Parcel 2
All of Lots 18 and 19,Block 33, of MALONEY'S SUBDIVISION OF STOCK ISLAND, according to the
Plat thereof, as recorded in Plat Book 1, Page 55, of the Public Record of Monroe County, Florida,
TOGETHER WITH a portion of Lots 1 and 2,Block 33,of said MALONEY'S SUBDIVISION OF STOCK
ISLAND, more particularly described as follows:
COMMENCING at the Southwesterly corner of said Lot 1;thence run Easterly along the South line of said
Lot 1, a distance of 34.89 feet to the POINT OF BEGINNING; thence continue Easterly along the
previously described course along the Southerly lines of Lots 1 and 2, a distance of 219.02 feet;thence run
Northwesterly along a line deflected 163° 20' 48" left, a distance of 93.27 feet;thence run Westerly along
a line deflected 21 ° 44'48" left, a distance of 69.97 feet; thence run Southwesterly along a line deflected
13° 47'41" left, a distance of 63.38 feet to the POINT OF BEGINNING.
00176399-v 1
AND TOGETHER WITH:
Lot 20, Block 33, of said MALONEY'S SUBDIVISION OF STOCK ISLAND, LESS and EXCEPT the
following described portion thereof:
COMMENCING at the Northwesterly corner of said Lot 20 (the " POINT OF BEGINNING");thence run
Easterly along the Northerly line of said Lot 20, a distance of 34.89 feet;thence run Southwesterly along a
line deflected 71 ° 06' 42" right, a distance of 36.88 feet to a point on the Westerly line of said Lot 20;
thence run Northerly along said Westerly line, a distance of 11.84 feet to the Northwesterly corner of said
Lot 20 and the POINT OF BEGINNING.
Parcel 3:
That portion of the Northerly 1/2 of vacated First Avenue appearing in Resolution No.279-1988,Resolution
No. 518-2006 recorded in Official Records Book 2252,Page 1874, and recorded in Official Records Book
2274, Page 2242 and Resolution No. 379-2006 recorded in Instrument No. 1629241. Being more
particularly described as follows:
PARCEL 1:
A parcel of land on Stock Island being a portion of the Northerly 1/2 of First Avenue, lying between the
Easterly right of way line of First Street and the original shoreline of Boca Chica Channel, also lying
between Blocks 33 and 44, as shown on George McDonald's Plat of Stock Island, as recorded in Plat
Book 1, at Page 55, of the Public Records of Monroe County, Florida, said parcel being more particularly
described by metes and bounds as follows:
COMMENCE as the Southwesterly corner of the said Block 33, said point also being the Northerly right
of way line of First Avenue and the Easterly right of way line of First Street and run thence Easterly along
the Northerly right of way line of the said First Avenue for a distance of 24.00 feet to a point, said point
being the Point of Beginning; thence Southerly and at right angles for a distance of 30.00 feet to the
centerline of the said First Avenue;thence Easterly and at right angles along the centerline of the said First
Avenue for a distance of 235.00 feet to the original shoreline of Boca Chica Channel as shown on said Plat;
thence Northerly with a deflection angle of 104°46' 15"to the left and along the original shoreline of Boca
Chica Channel as shown on said Plat for a distance of 20.5 feet, more or less, to the apparent Mean High
Water Line of the said Boca Chica Channel;thence meander Westerly and Northwesterly along the apparent
Mean High Water Line of the said Boca Chica Channel for a distance of 64 feet, more or less, to the
Northerly right of way line of the said First Avenue;thence Westerly and along the Northerly right of way
line of the said First Avenue for a distance of 167 feet, more or less, back to the Point of Beginning.
00176399-v1
WRECKER'S CAY APARTMENTS AT STOCK ISLAND,LLC
DEVELOPMENT AGREEMENT
EXHIBIT 11
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WRECKER'S CAY APARTMENTS AT STOCK ISLAND,LLC
DEVELOPMENT AGREEMENT
EXHIBIT 12
County of Monroe
Growth Management Division
Planning&Environmental Resources o- *l Z.?e• Board of County Commissioners
Department �4 ' . , �L' Mayor David Rice,Dist.4
2798 Overseas Highway,Suite 410 f ` Mayor Pro Tern Kim Wigington,Dist. 1
Marathon,FL 33050 r Heather Carruthers,Dist.3
Voice: (305)289-2500 George Neugent,Dist.2
FAX: (305)289-2536 •a -- = Sylvia J.Murphy,Dist.5
We strive to be caring,professional and fair
March 13,2012
Owen Trepanier
Trepanier&Associates,Inc.
PO Box 2155
Key West,FL 33045
SUBJECT: LETTER OF UNDERSTANDING CONCERNING THE
REDEVELOPMENT OF TEN SINGLE FAMILY RESIDENCES,TO BE
LOCATED AT 6325 FIRST STREET,STOCK ISLAND,A PROPERTY
HAVING REAL ESTATE NUMBERS 00124550.000000 AND
00124550.000100
Mr. Trepanier,
Pursuant to §110-3 of the Monroe County Code (MCC), this document shall constitute a Letter
of Understanding (LOU). On February 16, 2012, a Pre-Application Conference regarding the
above-referenced property was held at the office of the Monroe County Planning &
Environmental Resources Department in Marathon. Attendees of the meeting included Owen
Trepanier and Bush Sneed (hereafter referred to as "the Applicant") and Tim Finn, Planner,
Michael Roberts, Senior Administrator of Environmental Resources, and Joseph Haberman,
Planning&Development Review Manager(hereafter referred to as"Staff).
Materials presented for review included:
(a) Pre-Application Conference Request Form;
(b) Monroe County Property Record Cards;
(c) Monroe County Land Use District Map and Future Land Use Map;
(d) Site Plan by Perez Engineering&Development, Inc., dated May 2011;
(e) Demolition & Erosion Control Plan by Perez Engineering & Development, Inc., dated May
2011;
(f) Drainage &Grading Plan by Perez Engineering&Development, Inc., dated May 2011;
(g) Utility Plan by Perez Engineering&Development, Inc., dated May 2011; and
(h) Letter of Understanding to Adele Stone from K. Marlene Conaway,dated May 7,2003.
6325 First Street,Stock Island,Letter of Understanding(File#2012-009) Page 1 of 9
I. APPLICANT PROPOSAL
The Applicant is proposing to redevelop the site with 10 single family residences, of modular
or conventional construction, and accessory structures. The subject property, which consists
of two contiguous parcels, is currently developed with a mobile home park consisting of 12
mobile homes.
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Subject Property(2009)
II. SUBJECT PROPERTY DESCRIPTION
1. The subject property is located along the eastern side of First Street on Stock Island,
between the McDonald Avenue and First Avenue intersections. It is south of the Overseas
Highway (US 1) at approximate mile marker 5 on the Atlantic Ocean side of US 1.
According to the Property Appraiser's records,the address is 6325 First Street.
2. The property is comprised of two contiguous parcels, assessed under real estate (RE)
numbers 00124550.000000 and 00124550.000100. The parcels are legally described as
Block 33, Lots 1, 2, 18, 19 and 20, part of abandoned First Avenue right-of-way, Maloney
(PB1-55), Stock Island, Monroe County, Florida.
6325 First Street,Stock Island,Letter of Understanding(File#2012-009) Page 2 of 9
3. According to the Property Appraiser's records, in total, the subject property consists of
143,482 SF (3.29 acres) of area: 78,142 SF (1.79 AC) of which is upland (36,666 SF of
"02RV" on RE 00124550.000000 + 41,476 SF of"02RV" on RE 00124550.000100) and
65,340 SF (1.50 AC) of which is wetland/submerged land (1.50 AC of "000X" on RE
00124550.000000).
All calculations included in this letter are based on the Property Appraiser's records. A
boundary survey was not submitted. The site plan and supporting documentation submitted
with the application did not provide any calculations indicating the total amount of upland.
A sealed boundary survey may be required at the time of application submittal for any
development approval for new development affecting open space or land use intensity.
This boundary survey must indicate the amount of total land area. An exception will be
granted if a proposed site plan indicates the amount of total land area and contains a
reference that it is based on the boundary survey. If the amount of upland area provided on
the boundary survey differs,then calculations provided in this letter are subject to change.
In addition, the site plan and supporting documentation submitted with the application did
not show mean high water in accordance with Florida Statutes or habitats on site, such as
disturbed salt marsh or mangrove that may exist along the shoreline. These types of habitat
reduce the amount of buildable area.
III.RELEVANT PRIOR COUNTY ACTIONS
1. A Letter of Understanding concerning a portion of the property (RE 00124550.000000) was
issued to Adele Stones on May 7, 2003. The purpose of the letter was to assess the
redevelopment rights of the property.
IV.REVIEW
The following land development regulations directly affect the proposal; however, please
note that there are other land development regulations not referred to nor described in this
Ietter which may govern future development as well.
1. The subject property is currently within an Urban Residential Mobile Home (URM) Land
Use (Zoning) District and the Residential High (RH) Future Land Use Map (FLUM)
category.
2. Each of the subject parcels has a tier designation of Tier III.
3. For the purposes of development, the subject property, which includes Lots 1, 2, 18, 19 and
20 and part of the abandoned First Avenue right-of-way (also known as RE
00124550.000000 and RE 00124550.000100) is aggregated. Pursuant to MCC §130-166,
any development that has or is a part of a common plan or theme of development or use,
including, but not limited to, an overall plan of development, common or shared amenities,
utilities or facilities, shall be aggregated for the purpose of determining permitted or
6325 First Street, Stock Island,Letter of Understanding(File#2012-009) Page 3 of 9
authorized development and compliance with each and every standard of MCC Chapter 130
and for the purpose of determining the appropriate form of development review.
4. The proposed detached, single-family residential use would be consistent with the purpose
of the URM district, which is to recognize the existence of established mobile home parks
and subdivisions, but not to create new such areas, and to provide for such areas to serve as
a reservoir of affordable and moderate-cost housing in the county.
Further, it would be consistent with the purpose of the RH future land use category as set
forth Comprehensive Plan Policy 101.4.4, which is to provide for high-density single-
family, multi-family, and institutional residential development, including mobile homes
and manufactured housing, located near employment centers.
5. As shown on the proposed site plan, the Applicant is proposing to develop the subject
property with 10 single-family, detached dwelling units and accessory uses, including
swimming pools for each dwelling unit, fencing and a community entry gate.
Pursuant to MCC §130-99, in the URM district, density-permitting, detached dwelling units
may be permitted as-of-right with a building permit. Accessory structures may also be
permitted as-of-right with a building permit.
6. As shown on the proposed site plan, each of the 10 single-family, detached dwelling units
would be located on its own parcel of land. The Applicant may proceed with establishing
the 10 parcels and identify each with a unique real estate number for organizational and tax
purposes; however the larger subject property must remain aggregated (i.e. in an
organization such as a condominium) unless plat approval is granted in accordance with
MCC §110-96.
Please note that plat approval may not be possible as the property is designated URM.
Pursuant to MCC §110-97(f), lands within the IS, URM, and CFV districts shall not be
platted, replatted or otherwise reconfigured in any manner that would allow the number of
proposed lots or units to exceed the number of parcels that lawfully existed as of September
15, 1986.
7. Pursuant to MCC §138-22(1), the Residential Rate of Growth Ordinance (ROGO) shall not
apply to the redevelopment, rehabilitation or replacement of any lawfully-established
dwelling unit that does not increase the number of dwelling units that existed on the site.
Therefore, owners of land shall be entitled to one dwelling unit allocation, exempt from the
ROGO permit allocation system, for each dwelling unit lawfully-established on a given
property.
Currently, there are 12 mobile homes in existence on the subject property. Staff reviewed
the Growth Management Division's records and did not find official approvals establishing
the 12 mobile homes. Therefore, in order to receive a determination as to how many
dwelling units were lawfully established and thereby may be replaced exempt of the ROGO
6325 First Street,Stock Island,Letter of Understanding(File#2012-009) Page 4 of 9
permit allocation system, the Applicant must apply for a Letter of Development Rights
Determination(application attached).
As part of the Letter of Development Rights Determination application, the Applicant may
provide the following information: a) any issued Monroe County building permits
supporting the existence of the structures and its uses on or about July 13, 1992; b)
documentation from the Monroe County Property Appraiser's Office indicating residential
use on or about July 13, 1992; c) aerial photographs and original dated photographs
showing the structure(s) existed on or about July 13, 1992; d) residential county directory
entries on or about July 13, 1992; e)rental, occupancy or lease records, on or about July 13,
1992, indicating the number, type and term of the rental or occupancy; 1) state and/or
county licenses, on or about July 13,1992, indicating the number and types of rental units;
g) documentation from the utility providers indicating the type of service (commercial or
residential) provided and the number of meters in existence on or about July 13, 1992; and
h) similar supporting documentation not listed above as determined suitable.
As required by MCC §138-22(2), the Senior Director of Planning & Environmental
Resources shall review available documents to determine if a body of evidence exists to
support the existence of units on or about July 13, 1992, the effective date of the original
ROGO.
8. Pursuant to MCC §130-157, in the URM district, the allocated density is one dwelling unit
per [platted] lot or, if the site meets the definition of a mobile home park per MCC §101-1,
five dwelling units per acre. If the site meets the definition of a mobile home park per
MCC §101-1, the maximum net density is seven dwelling units per buildable acre. As
defined, a mobile home park means a place set aside and offered by a person or public body
for either direct or indirect remuneration of the owner, lessor or operator of such place for
the parking or accommodation of six or more mobile homes.
Although the site currently meets the definition of a mobile home park, it appears that the
redevelopment would not consist of any structure classified as mobile home. Therefore,the
allocated density would only allow five dwelling units as there are only five platted lots
(Lots 1, 2, 18, 19 and 20). However, if any dwelling units were lawfully established on the
site prior to the current regulations, that lawful permanent residential density is protected
pursuant to MCC §130-163. Notwithstanding the provisions of §130-157, §130-158 and
§130-162, the owners of land upon which a lawfully established dwelling unit or mobile
home exists shall be entitled to one dwelling unit for each type of dwelling unit in existence
before January 4, 1996. Such legally-established dwelling units shall not be considered as
nonconforming uses.
The Applicant must apply for the Letter of Development rights Determination to determine
how many of the 12 dwelling units in existence were lawfully-established. If all were
lawfully established, the Applicant may replace up to 12 dwelling units on the site,
assuming they meet all other regulations and requirements of the Land Development Code
and Comprehensive Plan.
6325 First Street,Stock Island,Letter of Understanding(File#2012-009) Page 5 of 9
9. Pursuant to MCC §130-161(b), assuming at least 10 dwelling units are found to be lawfully
established, the inclusionary housing requirements would apply in that the redevelopment
involves the conversion of more than 10 mobile home spaces located on contiguous parcels
into a use other than mobile homes (detached dwelling units). The redevelopment shall
include a number of affordable housing units equal to at least 30 percent of the number of
existing units being removed and replaced or converted from mobile home use.
10. In the URM district, there is a required open space ratio of at least 0.20 or 20 percent. In
addition, within the required shoreline setback, there is a required open space ratio of 0.40
or 40 percent.
The site plan submitted in the application does not show enough information to fully
determine if the proposed development is in compliance with the open space requirements.
11. The required non-shoreline setbacks in the URM district are as follows for lots 50' wide or
greater: Front yard — 10'; Rear yard — 10'; and Side yard — 10'/15' (where 10' is required
for one side and 15' is the minimum combined total of both sides).
Therefore, the property has a non-shoreline front yard setback requirement of 10' along the
right-of-way of First Street to the west, a non-shoreline front yard/side yard setback
requirement of 10' along the right-of-way of MacDonald Avenue to the north, and a non-
shoreline side yard setback of 5' along the property line to the south. As the rear yard is a
shoreline,there is no rear yard non-shoreline setback requirement.
The site plan submitted in the application was not provided in a working scale that would
allow Staff to determine if the proposed development is in compliance with the non-
shoreline setback requirements. Without measuring, it appears that the principal structures
would meet the non-shoreline setback requirements; however several accessory swimming
pools are located in the required non-shoreline setback to the north.
Based on aerial photography, the southernmost portion of the shoreline appears to be
altered and disturbed while the northernmost portion of the shoreline appears to be
mangrove fringe. Along the shoreline not considered mangrove fringe, per MCC §118-12,
the required shoreline setback is 20' from mean high water (MHW). Along the shoreline
containing mangrove fringe, the shoreline setback is 30' from the landward edge of the
mangroves on the undeveloped open water shoreline adjacent to the previously altered
upland area (§118-12 (b)(3)(a)). However, in accordance with §118-12 (b)(3)(c), on infill
lots surrounded by significant development where principal structures are set back less than
50' from MHW or the landward extent of mangroves, the director of planning and
environmental resources may evaluate the community character, the presence or absence of
environmental features, and the setbacks on adjacent developed properties within two
parcels on either side of proposed development, and may allow principal structures to be set
back as far as practicable or in line with adjacent principal structures. In no event shall the
setback be less than 20'. On shorelines where the existing pattern of setback is greater than
30',the greater setback shall apply.
6325 First Street, Stock Island,Letter of Understanding(File#2012-009) Page 6 of 9
Based on a preliminary review of aerial photography, it appears that the existing pattern of
development may allow a reduction in the shoreline setback on the north.
The site plan submitted in the application was not provided in a working scale that would
allow Staff to determine if the proposed development is in compliance with the shoreline
setback requirements. Further, the shoreline is labeled as "apparent mean high water line"
as opposed to mean high water line per Florida Statutes.
12. The development would be subject to the following off-street parking requirements:
Spec fc Use Multiplier ;, 4-
p : .�; :Proposed .`;Req"urredSpaces.
Single-family residence _ 2 spaces/dwelling unit 10 dwelling units 20 spaces
13. Several land use district bufferyards are required. Along a portion of the northern property
line, there is an Urban Residential (UR) district. Along a URM/UR boundary line, a class
"C" district boundary bufferyard is required. Along the western property line, there is an
Urban Residential Mobile Home Limited (URM-L) district. Along a URM/URM-L
boundary line, a class "C" district boundary bufferyard is required. Along the southern
property line, there is a Recreational Vehicle (RV) district. Along a URM/RV boundary
line, a class "D" district boundary bufferyard is required.
A class "C" bufferyard has a minimum width of 10' and its planting requirements are
described/illustrated in MCC §114-128. A class "D" bufferyard has a minimum width of
20' and its planting requirements are described/illustrated in MCC §114-128. Existing
vegetation may satisfy all or a portion of the bufferyard requirements. Further, pursuant to
MCC §114-129, where existing uses occupy both sides of a district boundary, a buffer shall
be established as a condition of any permit issued for a change in use, reconstruction or
addition for any nonresidential use or hotel or destination resort. The maximum buffer that
can be established, given the existing buildings and drives, shall be established. If the width
available is less than 50 percent of the minimum required buffer width, then a six foot solid
fence shall be located at the inner side of the buffer.
The site plan submitted in the application was not provided in a working scale that would
allow Staff to determine if the proposed development is in compliance with the minimum
bufferyard width requirements. A landscaping plan was not provided.
14. Mitigation will be required for qualifying native vegetation removed for development. The
number, species and sizes of plants to be mitigated shall be identified in an existing
conditions report prepared and submitted by the Applicant and approved by the County
Biologist.
15. In accordance with MCC §118-7(1), to the maximum extent practicable, development shall
be sited so as to preserve all listed threatened, endangered, commercially exploited, and
regionally important native plant species and all native trees with a diameter at breast height
(DBH)of greater than 4".
6325 First Street,Stock Island, Letter of Understanding(File#2012-009) Page 7 of 9
16. There are two existing access drives to the site, to/from First Street. As shown on the
proposed site plan, access shall be consolidated into a single entry point; however the entry
would be gated. Although there are no provisions that would prohibit the gate, Staff
recommends that the Applicant provide enough on-site area to accommodate the safe
stacking of vehicles waiting to enter the site from First Street.
17. A stormwater management plan shall be required as a part of any building permit
application that involves modifications to the site. This plan shall detail pre and post
development water flow and storage on site with supporting calculations.
18. No structure or building shall be developed that exceeds a maximum height of 35'. Height
means the vertical distance between grade and the highest part of any structure, including
mechanical equipment, but excluding chimneys, spires and steeples on structures utilized
for institutional and public uses only, radio or television antenna, flagpoles, solar apparatus,
and utility poles. Building elevations were not provided.
V. OTHER ISSUES CONCERNING THE PROPOSAL
1. If an exempted dwelling unit is replaced, all existing accessory structures must also be
demolished unless written permission stating otherwise is provided by the Planning &
Environmental Resources Department. The letter does not provide any vesting to existing
regulations and the replacement dwelling unit and any new accessory structures must be
built in compliance with all applicable regulations of the Monroe County Code and Monroe
County Comprehensive Plan at the time of development approval. Further, if the existing
dwelling unit is not replaced, but substantially improved as defined in the Monroe County
Code, the substantially improved dwelling unit must be brought into compliance with all
applicable regulations and codes.
2. Prior to the issuance of any building permit, if such review is required, all proposed
development shall be found in compliance by the Monroe County Building Department, the
Monroe County Public Works Division and the Monroe County Office of the Fire Marshal.
Staff recommends that the Applicant coordinate with these offices prior to application
submittal. The Planning & Environmental Resources Department does not review for
compliance with the Florida Building Code.
3. The site is partially designated within AE-EL 9 and AE-EL 10 flood zones on the Federal
Emergency Management Agency (FEMA)'s flood insurance rate maps. All new structures
must be built to floodplain management standards that meet those for flood protection.
Pursuant to MCC §110-3, you are entitled to rely upon the representations set forth in this letter
as accurate under the regulations currently in effect. This letter does not provide any vesting to
the existing regulations. If the Monroe County Code or Comprehensive Plan is amended, the
project will be required to be consistent with all regulations and policies at the time of
development approval. The Department acknowledges that all items required as a part of the
application for development approval may not have been addressed at the meeting, and
consequently reserves the right for additional comment.
6325 First Street,Stock Island, Letter of Understanding(File#2012-009) Page 8 of 9
You may appeal decisions made in this letter. The appeal must be filed with the County
Administrator, 1100 Simonton Street, Gato Building, Key West, FL 33040, within thirty (30)
calendar days from the date of this letter. In addition,please submit a copy of your application to
Planning Commission Coordinator, Monroe County Planning & Environmental Resources
Department,2798 Overseas Highway, Suite 410, Marathon,FL 33050.
We trust that this information is of assistance. If you have any questions regarding the contents
of this letter, or if we may further assist you with your project, please feel free to contact our
Marathon office at(305)289-2500.
Sincerely yours,
Townsley Sc a ,
Senior Director Planning&Environmental Resources
CC: Joseph Haberman,Planning&Development Review Manager
Michael Roberts, Senior Administrator of Environmental Resources
6325 First Street,Stock Island,Letter of Understanding(File#2012-009) Page 9 of 9
WRECKER'S CAY APARTMENTS AT STOCK ISLAND,LLC
DEVELOPMENT AGREEMENT
EXHIBIT 13
04,e:11 2151556 01/16/2018 3:57P111
byand return to: Filed 8 Recorded in Official Records of
This instrument
prepared MONROE. COUNTY KEVIN NOOK
John R.Allison,III DEiE[18DOC15TRPIP SCLM Krys $0•73
The Allison Firm,P.A. 001:N 2151556
BIOS 2887 Pg$I 1870
1010 Kennedy Dr.#302
Key West,FL 33040
QUITCLAIM DEED
THIS QUITCLAIM DEED is made and executed this /J/ day of January, 2018 by
WATERS EDGE COLONY, INC., a Florida corporation, having an address of 2625 Gulfview
Drive, Key West, FL 33040("Grantor"),to WRECKERS CAY APARTMENTS AT STOCK
ISLAND, LLC, a Delaware limited liability company, having an address of 150 SE 2' Ave.,
Suite 800,Miami,FL 33131 ("Grantee").
WITNESSETH:
THAT Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00),
and other good and valuable consideration paid to Grantor by Grantee, the receipt of which is
hereby acknowledged, by these presents does grant, bargain, sell and convey to Grantee, and its
successors and assigns forever, all of the Grantor's right, title and interest in and to that certain
real property located in Monroe County,Florida and fully described on Exhibit A attached hereto
and incorporated herein(the"Property"),
TO HAVE AND TO HOLD the same, together with all and singular improvements,
tenements,hereditaments and appurtenances thereunto belonging or in anywise appertaining,and
all the right,title,and interest whatsoever of Grantor, if any,to the only proper use and benefit of
Grantee.
[signature page follows]
8294131-1
r1a:tt 2151556
E;k$1 2887 POI 1871
IN WITNESS WHEREOF, Grantor has executed and delivered this Quitclaim Deed as of
the day and year first above written.
WITNESSES: GRANTOR:
WATERS EDGE COLONY,INC.,
Pri• ' , a Florida corporation
By:
P'ame ;al.., • . Name:
Title:
STATE OF ri—o zzilr ) •
COUNTY OF 1N)p JiJ/2zir, )
The foregoing instrument was acknowledged before me this Z ZSay of January,2018 by
6,Q.t,,,e eu„ii. L' . katt.e4.1 ,as p✓esie&i.1-- of Waters Edge Colony,
Inc., a Florida corporation. He/she is (personally known to me or has produced
as identiRcali.n.
My commis on exp res: •
gTARY P BLIC,State of 1`(ar-t c-
'rint Name.
JOHNILAW8011I11
CaeMYelam/FF913W
Egi2020
a it twinwnaeoaeesmo
8294131-1
C'ooq 2151556
Elkli 21387 Pgt$ 1872
EXHIBIT A
LEGAL DESCRIPTION
A parcel of land adjacent to Government Lot 2,Section 35,Township 67 South,Range 25 East,Stock
Island,Monroe County,Florida,and more particularly described as follows:
From the Northwest corner of Block 32,according to the plat entitled"ALL LOTS 1,2,3,5&6,SEC.35,
LOT 2.SEC.36,LOT 3,SEC.26,&LOT 2,SEC.34,STOCK ISLAND,TOWNSHIP 67 S.,RANGE 25
E.",as recorded in Plat Book 1,Page 55,Official Records of Monroe County,Florida,go easterly along
the North line of said Block 32 a distance of 360 feet to a point on the shoreline of Boca Chica Channel,
which is the Point of Beginning;
thence continue easterly along the same line extended on an assumed bearing of N 90°00'00"E a distance
of 400 feet;
thence N 80°04'36"E a distance of 28.45 feet;thence S 88°21'12"E a distance of 84.37 feet;
thence S 62°14'21"E a distance of 19.25 feet;thence S 89°56'16"E a distance of 101.75 feet;
thence N 74°46'53"E a distance of 57.24 feet;thence N 82°56'13"E a distance of 42.91 feet;
thence S 79°57'01"E a distance of 92.08 feet;thence N 84°00'36"E a distance of 52.59 feet;
thence N 80°47'27"E a distance of 93.78 feet;thence S 85°21'49"E a distance of 41.57 feet;
thence S 84°48'05"E a distance of 52.73 feet;thence N 75°38'28"E a distance of 27.66 feet;
thence N 85°00'20"E a distance of 32.12 feet;thence N 80°57'53"E a distance of 21.53 feet;
thence S 00°00'00"E a distance of 2.00 feet;thence N 79°58'16"W a distance of 58.25 feet;
thence S 89°58'14"W a distance of 44.83 feet;thence S 88°29'31"W a distance of 28.09 feet;
thence S 89°57'38"W a distance of 54.41 feet;thence S 77°34'20"W a distance of 29.88 feet;
thence N 84°58'49"W a distance of 36.46 feet;thence S 83°22'56"W a distance of 33.01 feet;
thence N 87°08'42"W a distance of 29.96 feet;thence N 79°05'28"W a distance of 42.45 feet;
thence N 86°34'49"W a distance of 28.59 feet;thence S 77°37'22"W a distance of 32.13 feet;
thence N 84°33'56"W a distance of 32.63 feet;thence S 87°06'21"W a distance of 47.34 feet;
thence N 89°51'04"W a distance of 43.80 feet;thence N 82°42'25"W a distance of 47.72 feet;
8294131-1
Eioi:N 2151556
BIM 2387 Pgp 1873
thence N 84°09'29"W a distance of 46.71 feet;thence N 88°37'48"W a distance of 24.27 feet;
thence S 88°25'05"W a distance of 27.58 feet;thence S 86°52'46"W a distance of 40.53 feet;
thence N 85°11'21"W a distance of 26.92 feet;thence S 89°10'09"W a distance of 22.92 feet;
thence S 84°15'37"W a distance of 26.07 feet;thence N 89°47'35"W a distance of 25.41 feet;
thence N 88°58'29"W a distance of 25.07 feet;thence N 88°20'45"W a distance of 27.52 feet;
thence N 87°33'20"W a distance of 24.52 feet;thence S 87°47'10"W a distance of 27.45 feet;
thence N 89°23'15"W a distance of 58.96 feet;thence N 90°00'00"W a distance of 149.80 feet;
thence S 00°00'00"W a distance of 42.00 feet back to the Point of Beginning,
containing 37,850 square feet(0.87 acres).
NIONR013 COUNTY
CiF1°ICIRL RECORDS
8294131-1
WRECKER'S CAY APARTMENTS AT STOCK ISLAND,LLC
DEVELOPMENT AGREEMENT
EXHIBIT 14
SPIT OF REAL PROPERTY ADJACENT TO THE EASTERN END OF LAUREL
AVENUE, STOCK ISLAND,FLORIDA 33040
LEGAL DESCRIPTION:
A parcel of land adjacent to Government Lot 2, Section 35, Township 67 South, Range 25 East, Stock
Island, Monroe County,Florida, and more particularly described as follows:
From the Northwest corner of Block 32, according to the plat entitled "ALL LOTS 1, 2, 3, 5 & 6,
SEC. 35, LOT 2. SEC. 36, LOT 3, SEC. 26, & LOT 2, SEC. 34, STOCK ISLAND, TOWNSHIP 67 S.,
RANGE 25 E.", as recorded in Plat Book 1, Page 55, Official Records of Monroe County, Florida, go
easterly along the North line of said Block 32 a distance of 360 feet to a point on the shoreline of Boca
Chica Channel,which is the Point of Beginning;
thence continue easterly along the same line extended on an assumed bearing of N 90 '00'00" E,
a distance of 400 feet;
thence N 80°04'36" E a distance of 28.45 feet; thence S 88°21 '1 2" E a distance of 84.37 feet;
thence S 62°14'21" E a distance of 19.25 feet; thence S 89°56'16" E a distance of 101.75 feet;
thence N 74°46'53" E a distance of 57.24 feet; thence N 82°56'13" E a distance of 42.91 feet;
thence S 79°57'O1" E a distance of 92.08 feet; thence N 84°00'36" E a distance of 52.59 feet;
thence N 80°47'27" E a distance of 93.78 feet; thence S 85°21 '49" E a distance of 41.57 feet;
thence S 84°48'05" E a distance of 52.73 feet; thence N 75°38'28" E a distance of 27.66 feet;
thence N 85°00'20" E a distance of 32.12 feet; thence N 80°57'53" E a distance of 21.53 feet;
thence S 00°00'00" E a distance of 2.00 feet; thence N 79°58'16" W a distance of 58.25 feet;
thence S 89°58'14" W a distance of 44.83 feet; thence S 88°29'3 I" W a distance of 28.09 feet;
thence S 89°57'38" W a distance of 54.41 feet; thence S 77°34'20" W a distance of 29.88 feet;
thence N 84°58'49" W a distance of 36.46 feet; thence S 83°22'56" W a distance of 33.01 feet;
thence N 87°08'42" W a distance of 29.96 feet; thence N 79°05'28" W a distance of 42.45 feet;
thence N 86°34'49" W a distance of 28.59 feet; thence S 77°37'22" W a distance of 32.13 feet;
thence N 84°33'56" W a distance of 32.63 feet; thence S 87°06'2 1" W a distance of 47.34 feet;
thence N 89°51 '04" W a distance of 43.80 feet; thence N 82°42'25" W a distance of 47.72 feet;
thence N 84°09'29" W a distance of 46. 71 feet; thence N 88°37'48" W a distance of 24.27 feet;
thence S 88°25'05" W a distance of 27.58 feet; thence S 86°52'46" W a distance of 40.53 feet;
thence N 85°11 '21" W a distance of 26.92 feet; thence S 89°10'09" W a distance of 22.92 feet;
thence S 84°15'37" W a distance of 26.07 feet; thence N 89°47'35" W a distance of 25.41 feet;
thence N 88°58'29" W a distance of 25.07 feet; thence N 88 '20'45" W a distance of 27.52 feet;
thence N 87°33'20" W a distance of 24.52 feet; thence S 87°47'10" W a distance of 27.45 feet;
thence N 89°23'15" W a distance of 58.96 feet; thence N 90°00'00" W a distance of 149.80 feet;
thence S 00°00'00"W a distance of 42.00 feet back to the Point of Beginning,containing 37,850 square
feet(0.87 acres).
00175702-vl
� W. H SPECIFIC PURPOSE SKETCH
, F
G >1 E9 DESCRIPTION: IN MALONEY'S SUBDIVISION OF STOCK ISLAND
• V S PLAT BOOK 1, PAGE 55
Q C % ECTION 35, TOWNSHIP 67S, RANGE 25E
• C7 W A parcel of land in Maloney's' Subdivision of Stock Island, according to the plat thereof, as
recorded in Plot Book 1, Page 55 of the Public Records of Monroe County, Florida and being
:C F. bounded and described os follows:
O wBegin at the intersection of the centerline of Laurel Avenue and the east right—of—way line of
(Fi) i. Second Street, thence East along the centerline of Laurel Avenue and it easterly projection for a
I-, O distance of 1486 feet, more or less, to a point on the apparent shoreline of said Boca Chico SURVEYORS NOTES:
Z .� Channel, thence meander said shoreline for the following eight courses:
(1) thence Southwesterlyfor a distance of
Z iSth tl dit 8 feet; 1. This sketch was mode for the "SPECIFIC PURPOSE"
O (2) thence Westerly for a distance of 934 feet; of defining the area shown on Sheet 2 of 2. This is
i (3) thence Southeasterly for o distance of 548 feet; "NOT A BOUNDARY SURVEY':
E.. (4) thence Northeasterly for a distance of 152 feet;
a^ (5) thence Southeasterly and Southwesterly for a distance of 150 feet; 2. The bearing base for this sketch was derived from
aa., (6) thence Northeasterly for a distance of 150 feet; the Plot described hereon and has Laurel Avenue
'E (7) thence Southwesterly for a distance of 389 feet; running EAST—WEST and is assumed.
>. (8) thence Southeasterly for a distance of 58 feet, more or less, to a point on the north
U right—of—way line of First Avenue; 3. This sketch and description or the copies thereof
thence bear S14151"45 E for a distance of 26.10 feet to a point on the centerline of First Avenue; are not valid without the signature and the original
thence West along the centerline of First Avenue for a distance of 235.00 feet; thence North at raised seal of a Florida licensed surveyor and
rsl right angles for a distance of 30.00 feet to a point on the north right—of—way line of First mapper.
x Avenue; thence West at right angles along the said north right—of—way line a distance of 24 feet
U to the southwest corner of Block 33 of said Plot, thence North at right angles on the west line of 4. 2015 Aerial imagery shown is from www.labins.org
W and is shown for informational purposes only.
Block 33 a distance of 125 feet, thence West at right angles a distance of 300 feet, thence South P P Y•
i at right angles along the east boundary line of Lot 16, Block 34, of said Plat a distance of 125
feet to a point on the north right—of—way line of First Avenue, thence West along the north
right—of—way line of First Avenue to a point of intersection with northeasterly right—of—way line of
Moloney Avenue Per FOOT R/W map Section 90550-2608, thence bear N47'17'00"W along the said LEGEND:
right—of—way line to a point of curvature, said curve having for its elements a radius of 985.37
feet and a chord bearing N5221'51"W a chord distance of 174.53, thence along said curve for an CL = Centerline
arc length of 174.76 feet to the point of intersection with the east right—of—way line of Second LB = Licensed Surveying Business
Street, thence North along the east right—of—way line of Second Street for a distance of 435.31
feet to the centerline of Laurel Avenue and the Point of Beginning. PSM = Professional Surveyor & Mapper
CONTAINING 9.1 ACRES, MORE OR LESS R/W = Right—of—Way .
AUG 0 7 2019
I HEREBY CERnFY:TAW'THIS SKETCH WAS MADE UNDER MY RESPONSIBLE CHARGE AND aO I q- 149
MEETS THE STANDARDS OF,PRACTICE AS SET FORTH BY THE FLORIDA BOARD OF $ N.vN-OE CO FL:.tii INCA D=PT.
PROFESSIONAL SUW,ETDRS AND MAPPERS IN CHAPTER 5J-77,FLORIDA ADMINISTRATIVE ,s—._-`_rs,,,
CODE,PURSUANT TO SECTION 472.027, FLORIDA STATUTES.
REECE&ASSOCIATES CAD I7o7or
�`�— PROFESSIONAL SURVEYOR AND MAPPER CLIENT WRECKERS GAY
_ _ Dace AUGUST 24,2018 SHEET 1 OF 2 .
•-SCALE 7400'
Robert E.Reece`
Y 127 INDUSTRIAL ROAD,SUITE B.BIG PINE KEY,FL 33043
Professional Surveyor end Mapper OFF KB
State of Ronda License No. 5632 1 OFFICE (305)872-1348
FAX (305)872-5622 CAD RR
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CAD 17071701
CURVE DATA CI = LI = NORTH 30.00� , REECE& ASSOCIATES CLIENT WRECKERS GIY
R=985.37' L2 = WEST 24.00' PROFESSIONAL SURVEYOR AND MAPPER
L=v4.7B• SHEET 2 OF 2 SCAIE
D=10'09'I I" L3 = NW
1 T00"W 70.58'
CHB=N52'2 i 51.,W 127 INDUSiRIAI RAAD,MITE&B-PINE KEY.R 33017 OFF KB
CHO=174.53' r FAX (705)518722-562� CKD RR
WRECKER'S CAY APARTMENTS AT STOCK ISLAND,LLC
DEVELOPMENT AGREEMENT
EXHIBIT 16
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• a = WRECKER'S CAY DATE 20PDCI
lo. 110G DATE IIIDEIIE111101 ARCHITECTURE •• INTERIORS al V
I DESIGN•BUILD SERVICE 5
1:;- OVERALL PLAN APARTMENTS DIIII PAC4191 SO UTNPOINT DR.EAST, SUITE 200 e
0 STOCK OLAD,IET WEST,FLORIDA ACCEPTED - JACKSONVILLE,FL 32216 (904)224-0001 9Ix
WRECKER'S CAY APARTMENTS AT STOCK ISLAND,LLC
DEVELOPMENT AGREEMENT
EXHIBIT 17
0 2019 THIS DRAWING IS THE INSTRUMENT OF SERVICE AND PROPERTY OF PQH GROUP DESIGN,INC.
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WRECKER'S CAY APARTMENTS PQH
N.I l)( k I SI 1\I),FLORIDA
GROUP
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WRECKER'S CAY APARTMENTS PQH
STOCK ISLAND,FLORIDA
GROUP
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GARAGE LEVEL 7,280 SF/20 PARKING SPACES 10.01.2019
WRECKER'S CAY APARTMENTS P011
S1OCk ISLAND,FLORID
GROUP
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tx 1...4, l i 1 -
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TYPICAL LEVEL FLOOR/2ND TO 3RD FLOOR 8,886 SF GARAGE LEVEL 8,427 SF/23 PARK ING SPACES 10.01.2019
WRECKER'S CAY APARTMENTS PQH
STOCK tSI..\\D,FLORIDA
GROUP
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WRECKER'S CAY APARTMENTS PQH
STOCK ISLAND,FLORID.
GROUP
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UNIT PLANS C1.0 1,084 SF 10.01.2019
WRECKER'S CAY APARTMENTS PQH
S71)(:1. ISLAND,FLORIDA
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