Resolution 204-2020 Doc#2274420 Bk#3033 Pal 1742
Recorded T2242020 2.47 PM Page I of 68
Filed and Recorded in Official Records of
MONROE COUNTY KEVIN MADOK,CPA
1
preat
I
_ _
8 MONROE COUNTY,FLORIDA
9 BOARD OF COUNTY COMMISSIONERS
a RESOLUTION NO. 204 -2020
II
12 A RESOLUTION BY THE MONROE COUNTY BOARD OF
13 COUNTY COMMISSIONERS APPROVING AN AMENDMENT
14 TO A DEVELOPMENT AGREEMENT BETWEEN MONROE
15 COUNTY, FLORIDA AND KEY LARGO OCEAN RESORT
16 CONDOMINIUM ASSOCIATION, INC. AS IT RELATES TO
17 THE DEVELOPMENT OF 285 PERMANENT,MARKET-RATE
18 DWELLING UNITS, AND ACCESSORY STRUCTURES/USES
19 THERETO, FOR A 10-YEAR TIME EXTENSION AND
20 REVISING THE "DESIGN GUIDELINES AND USE RULES
21 AND REGULATIONS FOR DEVELOPMENT"FOR INTERNAL
22 SETBACKS AND HEIGHT TO ALLOW FOR THE UNITS TO
23 BE BUILT TO THE MAXIMUM ALLOWABLE HEIGHT
24 PURSUANT TO MONROE COUNTY LAND DEVELOPMENT
- 25 CODE SECTION 131-2(b). THE SUBJECT PROPERTY IS
26 DESCRIBED AS A PARCEL OF LAND IN SECTIONS 13 AND
27 14, TOWNSHIP 62 SOUTH, RANGE 38 EAST, KEY LARGO,
28 BEING PART TRACT 10 AND PART TRACT 11 OF
29 SOUTHCLIFF ESTATES (PLAT BOOK 2,PAGE 45), MONROE
30 COUNTY, FLORIDA, HAVING PARCFI IDENTIFICATION
31 NUMBERS 00483401-000000 THROUGH 00483401-028500,
32 AND 00483402-000000.
33
34
35 WHEREAS,during a regularly scheduled public meeting held on July 15,2020 the Board
36 of County Commissioners conducted a public hearing to review and consider a request filed by
37 Jim Saunders, on behalf of Key Largo Ocean Resort Condominiums Association, Inc., for an
38 Amendment to Development Agreement in accordance with Chapter 110,Ankle V,Sections 110-
39 132 and 110-133 of the Monroe County Land Development Code (LDC) and Florida Statutes
40 Sections 163.3220 et. seq.,the"Florida Local Government Development Agreement Act;"and
41
42 WHEREAS, the subject property is located at 94825 Overseas Highway in Key Largo,
43 approximate mile marker 95, and is legally described as a parcel of land in Sections 13 and 14,
44 Township 62 South, Range 38 East, Key Largo, being a part Tract 10 and pan Tract 11 of
45 Southchff Estates (Plat Book 2, Page 45) Monroe County, Florida having Parcel Identification
46 Numbers 00483401-000100 through 00483401-028500 and 00483402-000000;and
47 WHEREAS, during a regularly scheduled public meeting held on May 26, 2020 the
48 Development Review Committee (DRC) of Monroe County conducted a review and considered
49 the request; and
50
File 112020-001 Page I of 4
1 WHEREAS, during a regularly scheduled public meeting held on June 24, 2020 the
2 Planning Commission of Monroe County conducted a public hearing to review and consider the
3 request and provide for public input; and
4
5 WHEREAS, the Development Agreement relates to the redevelopment of a recreational
6 vehicle park to a condominium with a maximum of 285 single family detached dwelling units and
7 accessory structures and uses including recreational and maintenance facilities,resort office,bath
8 houses grill/pub,club and docking facilities including 76 boat slips;and
9
10 WHEREAS,the 3`d Amendment includes a time extension of 10 years from the effective
t i date of the amendment, and revises the "Design Guidelines and Use Rules and Regulations for
12 Development" for internal setbacks and height to allow for the units to be built to the maximum
13 allowable height pursuant to Monroe County Land Development Code Section 131-2(b);and
14
15 WHEREAS, based upon the information and documentation submitted, the Board of
16 County Commissioners makes the following Findings of Fact:
17
18 1. The subject property is located within the Urban Residential Mobile Home (URM)
19 Land Use (Zoning) District. Further, it is designated within a Residential High (RH)
20 category on the Future Land Use Map(PLUM)and within a Tier DI district on the Tier
21 Overlay District Map; and
22
23 2. In 1994 and 1995,the Monroe County Code Enforcement Department began to actively
24 pursue compliance with the requirements of the Recreational Vehicle (RV) district in
25 order to resolve violations related to construction carried out without the benefit of
26 properly issued building permits;
27
28 3. As a result of the County's action, KLOR brought legal action against the County
29 seeking relief from the application of the requirements of the Recreational Vehicle
30 district;
31
32 4. The Circuit Court of Monroe County granted an injunction against the County, Case
33 Number 96-201630-CA-22, to allow KLOR to seek a change of its land use district
34 designation from Recreational Vehicle (RV) to Urban Residential Mobile Home
35 (URM) in order to resolve some of the code enforcement issues;
36
37 5. The Court ordered the parties into Mediation,which resulted in a Settlement Agreement
38 signed by the parties in June 2003, approved by the Court on August 4, 2003, which
39 authorized KLOR to submit and apply for a Development Agreement;
40
41 6. In 2004, KLOR amended the Future Land Use Map Designation from Mixed
42 Use/Comunercial (MC) to Residential High (RH) and from Residential Medium(RM)
43 to Residential High (RH);
44 7. In 2004, KLOR amended the Land Use District Map from Recreation Vehicle(RV)to
45 Urban Residential Mobile Home(URM)and from Improved Subdivision(IS)to Urban
46 Residential Mobile Home(URM);
47
48 8. In 2006, the County entered into a Development Agreement with KLOR which
49 provided conceptual approval of a plan to redevelop the site. The Development
50 Agreement was memorialized in BOCC Resolution#242-2006; and
Re#2020-001 Page 2 of 4
9. In 2007, the Planning Commission approved a request by KLOR for a major
2 conditional use permit to approve the redevelopment plan and site plan. The approval
3 and conditions were memorialized in Planning Commission Resolution#P35-07;
4
5 10.Following its issuance, Resolution #P35-07 was appealed to the State of Florida
6 Division of Administrative Hearings(DOAH Case t107-5390). Following a review by
7 DOAH, the case was dismissed, documented by a final order of dismissal signed by
8 Bram D. E. Canter, Administrative Law Judge, on June 25, 2008. A KLOR resident
9 named Maria Barroso appealed that order to the Circuit Court(Case#: CA P 08-564).
to That case was dismissed by agreement on August 18,2009;
11
12 11.In 2007, the BOCC approved a request by KLOR for a waiver to the inclusionary
13 housing requirements. The approval and conditions were memorialized in BOCC
14 Resolution#298-2007;
15
16 12.On July 13,2009,the County filed a motion with the Circuit Court to ratify and approve
17 the Development Agreement. On August 22, 2009, the Circuit Court granted the
18 County's motion and adopted a"Master Development Schedule...as a guideline for the
19 parties to implement the Development Agreement" The Master Development
20 Schedule was never implemented because the KLOR Board was recalled and replaced
21 in late 2009;
22
23 13.In 2009, the County sought to enjoin the use of the Park for habitation because of
24 numerous life safety violations. After touring the park,the Circuit Court Judge granted
25 the injunction and originally ordered the park to close as of January 15, 2010. That
26 deadline was extended,but the Court ultimately ordered the park closed for habitation
27 effective July 31,2010 in an order dated June 22,2010. In the June 22,2010 order,the
28 Court ordered that all illegal structures on the property be demolished by December 31,
29 2010;
30
31 14. On December 21, 2011, the Planning Commission approved a request by KLOR for a
32 major deviation to the major conditional use permit. The approval and conditions were
33 memorialized in Planning Commission Resolution#P49-11;
34
35 15. On August 20, 2014, the County Amended the Development Agreement with KLOR
36 through BOCC Resolution#196-2014.
37
38 16. On December 19, 2018, the County Amended the Development Agreement with
39 KLOR through BOCC Resolution#441-2018.
40
41 17. Florida Statutes §163.3220 authorizes Monroe County to enter into development
42 agreements with landowners and/or governmental agencies to encourage a stronger
43 commitment to comprehensive and capital facilities planning,ensure the provision of
44 adequate public facilities for development, encourage the efficient use of resources,
45 and reduce the economic cost of development;
46
47 18.Florida Statutes §163.3237 allows amendments to development agreements;and
48
49 WHEREAS, based upon the information and documentation submitted, the Board of
50 County Commissioners makes the following Conclusions of Law:
File#2020-001 Page 3 of 4
1 1. The request is consistent with the provisions and intent of the Monroe County Land
2 Development Code; and
3
4 2. The request is consistent with the provisions and intent of the Monroe County Year
5 2030 Comprehensive Plan; and
6
7 3. The request is consistent with the Principles for Guiding Development in the Florida
8 Keys Area of Critical State Concern;and
9
10 4. The Agreement, among other things,is intended to and shall constitute a development
11 agreement among the Parties pursuant to the Florida Local Government Development
12 Agreement Act,Section 163.3223,et seq.,Florida Statutes;
13
14 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
15 COMMISSIONERS OF MONROE COUNTY,FLORIDA,that the preceding Findings of Fact
16 and Conclusions of Law support its decision to APPROVE the proposed 3rd Amendment to the
17 Development Agreement between Monroe County and Key Largo Ocean Resort Condominium,
1s Inc.
19
20
21 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,Florida
22 at a regular meeting held on the 1 sth day of July , 2020.
23
24 Mayor Heather Carruthers Yes
25 Mayor pro tern Michelle Coldiron Yes
26 Commissioner Craig Cates Yes
27 Commissioner Sylvia Murphy Yes
29 Commissioner David Rice Yes
29'�
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Mayor ea arrutheS�� l N1
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3
37 ATTEST: KEVjN MADOK,CLERK „ N O
39 V / N J
40 AS DEPUTY CLERK rIOUN�NITYATTTTORNEY
55
ANNITANT
File#2020-IX71 Page 4 of 4
Prepared By:
Jim Saunders
95175 Overseas Hwy.
Key Largo.Florida 33037
THIRD AMENDMENT TO DEVELOPMENT AGREEMENT
THIS THIRD AMENDMENT TO DEVELOPMENT AGREEMENT (" Third Amendment") is
binding on the"effective date"as set forth herein between Monroe County,a political subdivision of
the State of Florida ("County"), and Key Largo Ocean Resort Condominium Association, Inc.
("KLOR")
WITNESSETH
WHEREAS, KLOR is the owner of real property on Key Largo, Monroe County, Florida,
located at approximately mile marker 95 of US highway 1 fronting on the Atlantic Ocean(Property),
the legal description of which is contained in that certain Amendment to Development Agreement,
Doc. No. 1995782, Book#2700, Page #1641, in the Official Records of Monroe County,attached
hereto and made a part hereof as Exhibit A("Amendment"or"Agreement");and
WHEREAS, there are two hundred eighty-five (285) lots within the KLOR resort which
provide for seasonal transient and permanent housing, together with amenities including marina,
tennis courts, swimming pool,recreation building, boat ramp,clubhouse, boat trailer parking,open
space and administrative offices("Resod');and
WHEREAS,the Resort operated as a cooperative association under the name of Key Largo
Ocean Resorts Co-op,Inc.for over twenty-five years(25)years providing the lease of lots to KLOR
stockholders who have placed their individually owned,recreational vehicles,mobile homes or park
-- model homes on the lots shown on the Survey of the property;and
WHEREAS, from Resort's inception until approximately 1989, Monroe County provided
valid building permits to locate mobile homes and park model homes on the Property requiring that
they be tied down for hurricane force wind protection;and
Pane I of a
WHEREAS, the County provided other building permits for screen room enclosures and
other permanent structures on the Property;and
WHEREAS, the Monroe County 2010 Comprehensive Plan, until December 2004,
designated all the parcels of the property as"Mixed Use/Commercial"on its Future Land Use Map;
and
WHEREAS,the property had been designated as being with the"Recreational Vehicle"(RV)
land use district from September 15, 1986,until February 2005,which allowed only transient use of
properties within the district and not permanent dwellings or structures;and
WHEREAS, in 1997 the Resort purchased approximately 2.0 acres of additional property
consisting of both uplands and wetlands designated "Improved Subdivision", also known as the
Northeast 100 feet of the Southeasterly 1/2 of Tract 9,SOUTHCLIFF ESTATES,in order to increase
the open space area of the Property and to provide additional setbacks, which property is shown as
Residential Medium on the County's Future Land Use Maps;and
WHEREAS, on January 16,2002, the Monroe County Board of County Commissioners by
eminent domain action acquired 9,318 square feet of the aforementioned portion of Tract 9;and
WHEREAS,over time, structures have been placed within the Resort without the benefit of
a building permit,or with a permit which should not have been issued by Monroe County or lawfully
constructed for which no permit history can be found;and
WHEREAS, the Resort had the appearance of a mobile home park as the result of the
permanent structures being placed in the Resort and the improvements to them being with or without
benefit of permit;and
WHEREAS,in 1994 and 1995,the Monroe County Code Enforcement Department began
to actively pursue compliance with the requirements of recreational vehicle zoning of the Resort
and construction without the benefit of properly issued building permits;and
WHEREAS, as a result of the County's action, KLOR brought legal action against the
County seeking relief from the application of the requirements of the recreational vehicle land use
district;and
WHEREAS,the Circuit Court of Monroe County granted an injunction against the County,
Case Number 96-20160-CA-22,to allow KLOR to seek a change of its land use district designation
Pap 2 of
from"Recreational Vehicle"(RV)designation to"Urban Residential Mobile Home"(URM)in order
to resolve some of the code enforcement issues;and
WHEREAS, the court ordered the parties into Mediation, which resulted in a Settlement
Agreement signed by the parties in June 2003, approved by the Court on August 4, 2003, which
authorized KLOR to submit and apply for a Development Agreement;and
WHEREAS, acting in reliance on the Settlement Agreement, KLOR submitted a proposed
Development Agreement to the County;and
WHEREAS,KLOR filed an application to amend the Future Land Use Map designation from
Mixed Use/Commercial to High Density Residential and from Residential Medium to Residential
High;and
WHEREAS,on August 18,2004,by unanimous vote,the BOCC approved the amendments
to the Future Land Use Map;and
WHEREAS,on August 18,2004,the BOCC also unanimously approved amendments to the Land
Use
District Map to classify the property as Urban Residential Mobile Home;and
WHEREAS,the Florida Department of Community Affairs found the proposed amendments
to the future Land Use Map in compliance in December 2004,and approved the amendments to the
Land Use District Map in February 2005;and
WHEREAS, all of the previous residential improvements and internal roads had been
removed in compliance with Monroe County Demo Permit M 10305964;and
WHEREAS, both the County and KLOR recognize that the public noticing and hearing
procedures shall follow the requirements of F.S. 163.3225, which require a public hearing before
both the Planning Commission and the Board of County Commissioners for consideration of a
Development Agreement;and
WHEREAS,Section 163.3220,Florida Statues,authorizes the County to enter into
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;and
Page a of
WHEREAS, the Monroe County Year 2010 Comprehensive Plan (Comprehensive Plan)
contains objectives and policies that seek to reduce the frequency of uses inconsistent with Land
Development Regulations and the Future Land Use Map(Objective 101.8)and the objectives of the
Settlement Agreement between KLOR and the County;and
WHEREAS,the County found that entering into the Amendment to Development
Agreement
("Amendment")furthered the purposes, goals, objectives,and policies of the Comprehensive Plan;
and
WHEREAS, the County Planning Commission issued Planning Resolution No. P49-I I
which acknowledges the effective date of the Development Agreement as August 22, 2009 as
established by Court Order;and
WHEREAS,the May 12, 2013 Circuit Court Order in 16th Judicial Circuit Court Case 96-
260-CA-P has determined that the parties are in compliance with this Development Agreement;and
WHEREAS, the amendment of this Development Agreement("Amendment") is consistent
with said May 12,2013 Order;and
WHEREAS, Key Largo Ocean Resort Condominium Association, Inc., a Florida not for
profit corporation,is the lawful successor to Key Largo Ocean Resorts Co-Op,Inc;and
WHEREAS, the Amendment was passed and adopted by the Board of County
Commissioners on August 20,2014;and
WHEREAS,the First Amendment expired on December 31,2018;and
WHERAS,a Second Amendment to the Development Agreement was recorded on February
14,2019 to extend the expiration date of the Amendment until June 30,2020 with an option to extend
for an additional twelve(12)month period,upon the mutual agreement of the Planning Director and
KLOR,with no need to follow the hearing requirements as set forth in the Amendment,and
WHEREAS the Second Amendment expires on June 30,2021,and
WHEREAS,the County found that entering into this Third Amendment furthered the purposes,goals,
objectives,and policies of the Comprehensive Plan,and
WHEREAS,the current version of the Design Guidelines is named KEY LARGO OCEAN
RESORT CONDOMINIUM ASSOCIATIONS, INC. DESIGN GUIDELINES AND USE RULES
Page 4 aO
AND REGULATIONS REV 1/26/17 as approved by the Board of Directors of KEY LARGO
OCEAN RESORT CONDOMINIUM ASSOCIATIONS,INC,and
WHEREAS, KLOR is desirous of changing various portions of the Design Guidelines with
KEY LARGO OCEAN RESORT CONDOMINIUM ASSOCIATIONS, INC. DESIGN
GUIDELINES AND USE RULES AND REGULATIONS FOR DEVELOPMENT DATED
12/14/2019 attached hereto and made a part hereof as Exhibit B,and
NOW THEREFORE,the parties do hereby agree as follows:
I.Purposes
The purpose of this Third Amendment is as follows:
A. To amend various portions of the Design Guidelines with KEY LARGO OCEAN
RESORT CONDOMINIUM ASSOCIATIONS, INC. DESIGN GUIDELINES AND
USE RULES AND REGULATIONS FOR DEVELOPMENT DATED 12/14/2019 and
extend the expiration date of the Amendment until 10 years from effective date of this
Third Amendment.
II.Third Amendment Requirements
The parties recognize the binding effect of Sections 163.3220-163.3243, Florida Statutes, as to the
form and content of this Third Amendment and in accordance therewith set forth and agree to the
following:
A.Legal Description of Ownership
The legal descriptions for the properties that are subject to this Third Amendment is unchanged from
previous Agreement and Amendments to Agreement.
B.Duration of Agreement
The Amendment shall remain in effect until ten(10)years after the effective date.
C.Recording
The County shall record this Third Amendment with the Clerk of the Circuit Court of Monroe
County within fourteen(14)days following signature by all parties,recording fees shall be paid
by KLOR.
Flee 5019
D.Ratification of Amendment
Except as expressly modified and superseded by this Third Amendment,when ratified,the terms
and provisions of the original Development Agreement and Amendments I and 2 shall continue
in full force and effect.
E.Entire Agreement
This Third Amendment incorporates and includes all prior negotiations, correspondence,
conversations,agreements,or understandings applicable to the matters contained herein and the
parties agree that there are no commitments, agreements, or understandings concerning the
subject matter of this Third Amendment that are not contained in or incorporated into this
document; accordingly, it is agreed that no deviation from the terms hereof shall be predicted
upon any prior representations or agreements,whether oral or written.
F. Severability
If any part of this Third Amendment is contrary to,prohibited by,or deemed invalid under any
applicable law or regulation, such provisions shall be inapplicable and deemed omitted to the
extent so contrary, prohibited, or invalid; however, the remainder hem shall not be invalidated
thereby and shall be given full force and effect.
G.Jurisdiction and Governing Law
The parties hereto agree that any and all suits or actions at law shall be brought in Monroe County,
Monroe County, Florida, and no other jurisdiction. This Third Amendment shall be construed
and interpreted under laws of the State of Florida. Mediation shall be governed by the rules of
the 16°Judicial Circuit Court in and for Monroe County,Florida.This Third Amendment is not
subject to arbitration.
H. Conflicting Resolutions
All resolutions or parts thereof in conflict with the provisions of this Third Amendment and its
resolution are hereby repealed to the extent of such conflict.
Paae6nfl
I.Successors and Assigns
This Third Amendment shall be binding upon the parties hereto, their successors in interest,
heirs,assigns,and personal representatives.
J.Notices
All notices, demands, requests, or replies provided for or permitted by this Third Amendment
shall be in writing and may be delivered by any one of the following methods: (a) by personal
delivery; (b) by deposit with the United States Postal Service as Certified or Registered mail,
return receipt requested,postage prepaid,to the addresses stated below;or(c)by deposit with an
overnight express delivery service.Notice shall be deemed effective upon receipt.
All notices, demands, requests, or replies provided for or permitted by this Third Amendment
shall be in writing and may be delivered by any one of the following methods: (a) by personal
delivery; (b)by deposit with the United States Postal Service as Certified or Registered mail,
return receipt requested,postage prepaid,to the addresses stated below;or(c)by deposit with an
overnight express delivery service.Notice shall be deemed effective upon receipt.
For purposes of notice,demand,request,or replies:
The address of Monroe County shall be:
Emily Schemper,MCP,CFM
Senior Director of Planning&Environmental Resources Planning&Environmental Resources
2798Overseas Highway,Suite 400
Marathon,FL. 33050
The address of Key Largo Ocean Resort Condominium Association,Inc.shall be:
Eduardo Cali!,President
Key Largo Ocean Resort Condominium Association,Inc.
94825 Overseas Highway
Key Largo,FL 33037
K.Effective Date
The effective date of this Third Amendment is 45 days after the duly signed and recorded Third
Amendment is received by the Florida Department of Economic Opportunity pursuant to Chapter
380,Fla. Statutes,and if appealed,until the appeal is resolved.
Page 7 of g
IN WITNESS WHEREOF,the panics hereto have set their hands and seals on the day and year below
written.
APPROVAL OF KEY LARGO OCEAN RESORT CONDOMINIUM ASSOCIATION.INC.
Signed,sealed,and delivered in the presence of:
Witness: For: Key Largo Ocean n o .ni iation,Inc.
e
TOMCS SA)tint Ai By:
Print name / Eduardo Cali!,President
/,.L ,dr - ' i Dated: 7/ Zt// a0WU .
f' nature ''II
The forgoing instrument was acknowledged before me on this xg'Hay of Ttia-f
2020,byED 00 IWO Cn11t.He/She is personally known to me or produced
as identification and did not an oath.
Notary Public
eia.Lzset. tIU&NAMOIEY
camxwmaaosatma 5—diarn l qua-/i../,
Eaaa.amaa 2023
ww awnraetagattaarg.rets
Printed Name My Commission expires: /-7
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My Commission number: CjO vj 2..7 Si ,
APPROVAL OF MONROE BOARD OF COUNTY COMMISSIONERS
On this 15th day of July ,2020,Monroe County Board of County Commissioners approved
this Third Amendment by Monroe County Board of County Commissioners Resolution No.
204-2020 .
Page 8 of
r .,..„
t Av''. Kevin Madok,Clerk BOARD OF COUNTY COMMISSIONERS
OF MONROE CO TY,FLORIDA
V • aE CO ,FLORIDA
as Deputy Clerk BY: Mayor Heather Carruthers
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Prepared by: Pod ``f M 0BI27/011�4! 1�4:illPMa
Jim Saunders MOM00E RCOUNTY IY XWYILIN
991980verseaa Hwy #2 EXHIBIT A TO THIRD AMENDMENT
Key Largo, Fl 33037
AMENDMENT TO DEVELOPMENT AGREEMENT
THIS AMENDMENT TO DEVELOPMENT AGREEMENT (Agreement) is binding on the
"effective date"as set forth herein between Monroe County, a political subdivision of the State of Florida
(County),and Key Largo Ocean Resort Condominium Association,Inc(KLOR) p$
WITNESSETH
WHEREAS,KLOR is the owner of real ps„p„ty on Key Largo,Monroe County,Florida,located at 2R^
approximately mile marker 95 of US highway 1 fronting on the Atlantic Ocean (Property), the legal i1
description of which is contained in Exhibit A - Survey of the Key Largo Ocean Resort Property,
attached hereto and made a part hereof(Survey);and
WHEREAS,there are two hundred eighty-five(285)lots within the KLOR resort which provide for
seasonal transient and permanent housing, together with amenities including marina, tennis courts,
swimming pool, recreation building, boat ramp, clubhouse, boat trailer parking, open space and
administrative offices(Resort);and
WHEREAS, the Resort has been operating as a cooperative association under the name of Key
Largo Ocean Resorts Co-op, Inc. for over twenty-five years(25)years providing the lease of lots to KLOR
stockholders who have placed their individually owned,recreational vehicles,mobile homes or park model
homes on the lots shown on the Survey of the property,and
WHEREAS, from Resort's inception until approximately 1989, Monroe County provided valid
building permits to locate mobile homes and park model homes on the Property requiring that they be tied
down for hurricane force wind protection;and
WHEREAS, the County provided other building permits for screen room enclosures and other
permanent structures on the Pr titan ty,and
WHEREAS,the Monroe County 2010 Comprehensive Plan,until December 2004,designated all the
parcels of the property as"Mixed Use/Commercial"on its Future Land Use Map;and
WHEREAS, the property had been designated as being with the"Recreational Vehicle" (RV)land
use district from September 15, 1986,until February 2005, which allowed only transient use of properties
within the district and not pennane t dwellings or structures;and
WHEREAS,in 1997 the Resort purchased approximately 2.0 acres of additional property consisting
of both uplands and wetlands designated"Improved Subdivision",also known as the Northeast 100 feet of
the Southeasterly 1/2 of Tract 9, SOUTHCLIFF ESTATES, in order to loans.the open space area of the
Property and to provide additional setbacks,which property is shown as Residential Medium on the County's
Future Land Use Maps;and
Page lot 13 July31,2014
WHEREAS, on January 16,2002,the Monroe County Board of County Commissioners by eminent
domain action acquired 9,318 square feet of the aforementioned portion of Tract 9;and
WHEREAS, over time, structures have been placed within the Resort without the benefit of a
building permit, or with a permit which should not have been issued by Monroe County or lawfully
constructed for which no permit history can be found;and
WHEREAS, the Resort had the appearance of a mobile home pork as the result of the permanent
ewctures being placed in the Resort and the improvements to them being with or without benefit of permit;
and
WHEREAS,in 1994 and 1995,the Monroe County Code Enforcement Department began to actively
pursue compliance with the requirements of recreational vehicle zoning of the Resort and construction
without the benefit of properly issued building permits;and
WHEREAS, as a result of the County's action, KLOR brought legal action against the County
seeking relief from the application of the requirements of the recreational vehicle land use district;and
WHEREAS, the Circuit Court of Monroe County granted an injunction against the County, Case
Number 96-20160-CA-22, to allow KLOR to seek a change of its land use district designation from
"Recreational Vehicle" (RV) designation to "Urban Residential Mobile Home" (URM) in order to resolve
some of the code enfbrcement issues;and
WHEREAS,the court ordered the parties into Mediation,which resulted in a Settlement Agreement
signed by the parties in June 2003,approved by the Court on August 4, 2003, which authorized KLOR to
submit and apply for a Development Agreement;and
WHEREAS, acting in reliance on the Settlement Agreement, KLOR submitted a proposed
Development Agreement to the County;and
WHEREAS,KLOR filed an application to amend the Future Land Use Map designation from Mixed
Use/Commercial to High Density Residential and from Residential Medium to Residential High;and
WHEREAS, on August 18,2004,by unanimous vote,the BOCC approved the amendments to the
Future Land Use Map;and
WHEREAS, on August 18, 2004,the BOCC also unanimously approved amendments to the Land
Use Distet Map to classify the property as Urban Residential Mobile Home;and
WHEREAS, the Florida Department of Community Affairs found the proposed amendments to the
future Land Use Map in compliance in December 2004, and approved the amendments to the Land Use
District Map in February 2005;and
Page 3 of 13 July31.2014
WHEREAS, all of the previous residential improvements and internal roads had been removed in
compliance with Monroe County Demo Permit te 10305964;and if
WHEREAS, both the County and KLOR recognize that the public noticing and hearing procedures yyu
shall follow the requirements of F.S. 163.3225, which require a public hearing before both the Planning 6�
Commission and the Board of County Commissioners for consideration of a Development Agreement;and wig
WHEREAS,Section 1633220,Florida Statues,authorizes the County to enter into agreements with ¢
landowners and/or governmental agencies to encourage a stronger commitment to comprehensive and capital &
facilities planning,ensure the provision of adequate public tkcilkles for development,encourage the efficient
use of resources,and reduce the economic cost of development;end
WHEREAS, the Monroe County Year 2010 Comprehensive Plan (Comprehensive Plan) contains
objectives and policies that seek to reduce the frequency of uses inconsistent with Land Development
Regulations and the Future Land Use Map(Objective 101.8)and the objectives of the Settlement Agreement
between KLOR and the County,and
WHEREAS, the County finds that entering into this Agreement furthers the purposes, goals,
objectives,and policies of the Comprehensive Plan;and
WHEREAS, the County Planning Commission issued Planning Resolution No. P49-11 which
acknowledges the effective date of the Development Agreement as August 22,2009 as established by Court
Order;and
WHEREAS,the May 12,2013 Circuit Court Order in 16th Judicial Circuit Court Case 96-260-CA-P
has determined that the parties are in compliance with this Development Agreement;and
WHEREAS, the amendment of this Development Agreement is consistent with said May 12,2013
Order;and
WHEREAS, Key Largo Ocean Resort Condominium Association, Inc., a Florida not for profit
corporation,is the lawful successor to Key Largo Ocean Resorts Co-Op,Inc.
NOW THEREFORE,the parties do hereby agree as follows:
I.Purposes
The purposes of this Agreement are as follows:
A. To amend the KLOR Development Agreement to accurately reflect the current status of the
project to include defining the completion of the remedial actions,change the number of allowed
marina slips from 65 to 76,add clarifying language to accurately reflect the intent of the panes,
incorporate the court rulings to date that affected the original Development Agreement,and to
Page of 13 luly3l,2014
update the statue of the KLOR improvements to achieve compliance with the requirements of the
Urban Residential Mobile Home district, such that not more than 285 of the existing if
manufactured homes and RV units may be replaced with compliant manufactured homes or tnro�l
single family-detached homes elevated to the levels required by the County's Flood Plain ESIMO
IB
regulations y�
B. To allow KLOR to retain as conforming the permitted existing grill/pub,bathrooms,office,pool
and pool deck,and club establishments as accessory uses to the principal residential uses,or to
replace the accessory structures mentioned above with code compliant sbuctures that do not
exceed the total foot print of the existing accessory structure areas including partdng and decks,
and to provide docking facilities for 76 wet slips.
C. To establish specific development and permit approvals and processes required bringing the
Resort into compliance with County Land Development Regulations,Building and Fire Safety
Codes
D. To acknowledge that the successor in interest to Key Largo Ocean Resorts,Co-Op is Key Largo
Ocean Resort Condominium Association,Inc.
IL Agreement Requirements
The parties recognize the binding effect of Sections 163.3220-163.3243,Florida Statutes,as to the form and
content of this Agreement and in accordance therewith set forth and agree to the following:
A.Legal Description of Ownership
The legal descriptions for the properties that are subject to this Agreement are set forth in Exhibit A-Survey
of the Key Largo Ocean Resort Property.
B.Duration of Agreement
This Agreement shall remain in effect until December 31, 2018, It is the intention of Monroe County to
promote rational and timely development of the Property to maximize best land use management practices
consistent with the landowner's rights and commitments described herein.
C.Permitted Uses
The development and uses permitted on the Piopu ty,including population densities,building intensities and
structure heights and total acreage of the site are:
I. The development of not more than two hundred eighty-five (285) Units (Lots)with one
manufactured home or single family-detached dwelling unit and accessory structures per lot on the
KLOR Property,together with the amenities as shown on the Survey(Exhibit A)
2. Accessory structures and uses including:recreational and maintenance facilities,resort office, bath
houses,grill/pub,club and docking facilities including 76 boat slips.
Page 4 of 13 July31,2014
3. The unit density is one manufactured or single family-detached home per lot,which is 13.6_units per gp
gross acre.The population density is estimated at approximately 570 persons. Fg
4. Building intensity for the accessory low to medium intensity commercial retail and office use is gffis�
limited to the aggregate amounts as shown on Exhibit A for such uses,Community open space shall y
be no lea than 102,000 square feet. t$
5. Building height is limited to 35 feet
6. Total acreage of the site is 25.2416 acres.
For the duration of this agreement, the parties agree that any and all of the approved development shall
comply with and be controlled by this Agreement, the Land Development Regulations, and the
Comprehensive Plan governing the development of the land effective when Monroe County and KLOR
execute this Agreement as authorized by Section 163.3220,Florida Statutes.
D.Public Facilities
I. The Florida Keys Aqueduct Authority provides domestic potable water to the Property.
2. Electric service is provided by Florida Keys Electric Cooperative to the Property.
3. Solid waste service is provided to the Property by a solid waste collection system franchised by
Monroe County.
4. KLOR shall provide a wastewater collection system for disposal to the Key Largo Waste Treatment
District facilities which are available,and for which KLOR has approval to connect at the time of
completion and successful final inspection of the collection system which design criteria has been
approved by the Key Largo Waste Treatment District.
5. KLOR further agrees to require to the extent that it is able that all unit owners within KLOR
connect to same and require such connection in any transfer documents to unit owners.
E.Reservation or Dedication of Land
There is no reservation or dedication of land for public purpose contemplated by this agreement.
F.Local Development Permits
The following is a list of all development permits approved or needed to be approved for the development of
the Property as specified and requested in this Agreement:
--- 1. All required Federal,State,South Florida Water Management District,and Monroe County permits
for starmwater when necessary,if required.
2. Federal,State and County permits,as required,for docking facilities.
3. Demolition or renovation permits as necessary for the elimination of structures which cannot be
permitted according to the regulations pertaining to mobile home parks and Urban Residential
Mobile Home Land Use District Regulations as of the effective date of this Agreement.
Pages of 13 July31,2014
4. KLOR has submitted and has been issued site work building permit 4I2305026. This permit
application included a complete site redevelopment plan application package to the County for the
redevelopment of 285 units of the Resort to the standards and conditions of this Agreement and the
County's Land Development Regulations to the extent applicable and not inconsistent with this
Agreement.This site redevelopment package,referred to hereinafter as"Site Redevelopment Plan"
was issued building permit N12305026 on August 14,2013 and all fees due pursuant to this permit
were paid. If additional building permits are deemed necessary by the Monroe County Building
Official,KLOR will be responsible for application and payment.
5. Building and related construction permits for land clearing, adequately sized wastewater collection
facilities, stormwater facilities, utilities and road improvements were included in building permit
4/2305026 that has been issued,and as appropriate to implement the conditional use order and this
Agreement
6. Marina:The Marina plan has been submitted to The Army Corp of Engineers(ACOE)and has been
assigned permit number SA3-2007-05489. Upon approval of ACOE and other permitting agencies
the design will be submitted to the Monroe County Building Department for review and issuance of
a building permit.The work will begin after permits are issued.
7. 285 Units (Lots): With the conversion to condominium the individual Units (Lots) are deeded to
individual Owners. These Owners have the right to use any appropriately licensed entity or
individual to build their individual homes. All Owners are required to meet KLOR published
architectural guidelines(which may change from time to time),and all permit plans submitted to the
County Building Department must have the KLOR Architectural Review Board's stamp of approval.
hi event the architectural guidelines may conflict with Monroe County requirements, the Monroe
County requirements will prevail.Prior to constmdim,Al unit Owners must obtain the appropriate
building permits that meet the building codes that are in effect at time of permitting. Unit Owners
may sell their lots to other individuals or entities,who may build at any time with a building permit
issued by Monroe County Building Department.The right to build on an individual Unit(Lot)shall
extend in perpetuity, and extend beyond the term of this Amendment to the Development
Agreement.
G.Finding of Consistency •
By entering into this Agreement,Monroe County finds that the development permitted or proposed herein is
consistent with and furthers the County's Comprehensive Plan and Land Development Regulations.
H.Breach,Amendment,Enforcement,and Termination
Exclusive of any others except those imposed by law,the following additional conditions,terms,restrictions,
or other requirements are also determined by the parties to be necessary for the execution and enforcement of
this Agreement:
Page 6 of 13 mtyai,2014
OoeN 1u57B2
Skit 2791 Pip 10.47
1. Breach of Agreement and Cure Provisions
a. Upon KLOR's material breach of the terms and conditions of this Agreement, Monroe
County shall serve a written notice on and shall provide KLOR the opportunity, within
ninety(90)days,to propose a method of fJ fihling the Agreement's terms and conditions or
curing the breach. Monroe County shall allow KLOR an opportunity to cure the breach or
to negotiate an amendment to this Agreement within a reasonable time,not to exceed ninety
(90)days after KLOR response or proposal,absent exigent circumstances.
b The following events,unless mused by fire, storms, floods,other acts of God, or events
beyond the control of KLOR ere to be considered a material breach of this Agreement(I)
the failure to comply with the provisions of this Agreement or the application for the
permits to effectuate the actions required and described herein;(2)the failure to maintain
conditions placed on permits or approvals contained in or Sued as a direct result of this
Agreement; (3) the failure to comply with applicable permitting requirements of Monroe
County after notice and opportunity within ninety(90)days to commence to comply with
such permitting requirements or, if applicable,to commence with such requirements and
have completed within a reasonable time as mutually agreed by the parties if compliance
requires more than sixty(60)days.
c. Pursuant to FS Sec 163.3235 Monroe County may inspect the property subject to this
Agreement to determine good faith compliance with the terms of the development
agreement.In addition,for the life of the Agreement,Monroe County staff may enter upon
the property at any time with 24 hours notice to the manager or contractor on site to assure
that improvements arc proceeding according to the site plan and that the RVa are placed
according to code,and that all RVs are removed by December 31,2016.
2. Amendment,Termination,or Revocation
The parties hereto shall at all times adhere to the tams and conditions of this Agreement.
Amendment, termination,extension,or revocation of this Agreement shall be made in accordance
with the notification and procedural requirements set forth herein.Amendments to this Agreement
shall subject KLOR to the Ian and policies in effect at the time of the amendment only if the
conditions of Section 163.3233(2), Florida Statutes, are met. It is further agreed that no
modifications, extensions, amendments, or alterations of the terms or conditions contained herein
shall be effective unless contained in a written document approved and executed by the parties to
this Agreement.
3. Hearing Requirements
a. Before amending,terminating,or revoking this agreement,Monroe County shall conduct
at last two(2)public hearings.The hearings shall be held pursuant to an application filed
Pagel of 13 July32,2014
with Monroe County by the party seeking to amend,terminate or revoke this Agreement, �fp
along with the requisite filing fee. sec
b. Notice of intent to amend,terminate,or revoke this Agreement shall be advertised at least
seven (7) days before the public hearing in a newspaper of general circulation and
readership in Monroe County.The day,time,and place of any further public hearing shall
be announced at the first public hearing and the date thereof shall be advertised at least S
seven (7) days before such public hearing. The notices shall specify the location of the
property subject to this Agreement, the development uses proposed on the property, the
proposed population densities, and the proposed building intensities and height,and shall
specify a place where a copy of the proposed amendment,termination or revocation,and
supporting information can be obtained.
4. State and Federal Law
If State and Federal laws enacted after the effective date of this Agreement preclude any party's
compliance with the terms of this Agreement,this Agreement shall be modified as is necessary to
comply with the relevant State or Federal Laws;however,this Agreement shall not be construed to
waive or supersede any contention under law that KLOR has acquired vested rights under prior law.
S. Enforcement
a. If Monroe County,through Growth Management Division,finds that KLOR or a successor
is in material breach of this Agreement, and after notice is given as provided herein to
respond tom cure said breach,KLOR fails within a reasonable to respond,cure,or secure
and amendment resolving the breach, Monroe County may utilize appropriate code
enforcement remedies to cure any breach or seek through the Circuit Court of Monroe
County enforcement of the provisions of the Settlement Agreement approved by the Court
on August 4,2003 or other court order.
b. Monroe County, KLOR, their successors or assigns,or any aggrieved or any adversely
affected person as defined in Section 163.3215(2),Florida Statutes,may file an action for
injunctive relief in the Circuit Court of Monroe County to enforce the terms of this
Agreement or to challenge compliance with the provisions of Sections 163.3220-163.3243
Florida Statutes.
c. Nothing contained herein shall limit any other powers,rights, or remedies that any party
has,or may have in the future,to enforce the tams of this Agreement.
Page aolla July31,2014
Doan 1998782
BON 2700 Pell 1699
EFL Compliance with Other Laws
The failure of this Agreement to address a particular permit,condition, tam,or restriction shall not relieve
KLOR of the necessity of complying with the laws governing said permitting requirements,conditions,tams,
or restrictions.
TV.Additional Provident
A. Permits KLOR has removed all dwelling units from the site. The site demolition permit
610305964 under which this work was completed was closed on or about 8/07/2013,thereby bringing all
sites into compliance for demolition a removal of all dwelling and or foundations,tie downs,and any
other improvements that were on the previous building lots. All work authorized by permits shall be
completed in accordance with Chapter 6, Monroe County Code. The Permit required for roads, fire
suppression,storm water, landscaping and utility relocations, was issued by Monroe County Building
Department on August 14, 2013, and has building permit #12305026. Permit applications for the
guardhouse(Permit# 12305027),and office building(Permit 613304084)have been submitted,Permit#
12305050 for wall repairs was issued on October 17, 2013. The final marina permit design is under
development to comply with Army Corp of Engineers, Depntmmt of Environmental Protection, and
South Florida Water Management District requirements, A Marina building permit application will be
submitted to Monroe County in conjunction with the agency permitting.The construction under site work
permit #12305026 will be completed prior to unit owners receiving certificates of occupancy for
residential units.Completion of work covered by this site work permit 612305026,office permit building
N 13304084,guardhouse permit 612305027,and wall permit#12305050 will be complete and compliant
with the conditions in P49-11 as amended. My additional site work including, but not limited to the
marina,clubhouse,pool,or marina building will be done during the term of this agreement,will have all
appropriate permits, and meet any county or fire marshal required safety measures during the
construction of those elements, The County has recognized there are 285 residential allocations for
KLOR.Current Unit owners and/or their successors will be applying for individual permits to build their
own residences. Each resident permit application will require approval by the KLOR Architectural
Review Board prior to submission to the building department.
B. Vesting and Compliance Policies
The following are the policies and standards for the vesting of certain improvements and compliance
actions that govern the specific compliance actions required and which shall be followed in
implementing the terms and conditions of this agreement:
1. Any improvements except as noted below for driveways other surface cover improvements,that have
been made without a permit have been removed, including below base flood ground mounted air
conditioning condensers except where after-the-fact permits can be Sued.
Pagel)of 13 July31,2014
2. All unpermitted impervious surface improvements,such as concrete or asphalt driveways and slabs, sp
may be retained except where they are required to be removed by this Agreement or the Site 4
Redevelopment Plan.
3. As defined in the Land Development Regulations,all non-road ready park models,other recreational
vehicles, or non-compliant manufactured homes in piece prior to 1990 or that received a permit for ��s
the replacement by the County after that date have been removed
4. Upon completion of site work and after such time as KLOR is permitted by the County to occupy the
individual Wits(Lots):The residential structures may be temporarily replaced on Owner's individual
Units (Lots) by road ready RVs for a period not to extend beyond December 31, 2016. All RV
Installations shall require permitted water, sewer, and electrical connections to service the RVs.
Permanent Homes in compliance with Planning Resolution P49-I1 as amended shall be authorized to
be placed on any Units(Lots) at any time after acknowledgment from the County that the specific
Unit (Lot) is ready for Construction.This acknowledgement may be in the form of issuance of the
building permit. All new construction on any Units (Lots) will require the issuance of and
compliance with a Monroe County building permit.
5. Lot owners delinquent on payment of the Monroe County license tax pursuant to Section 320.08
Florida Statutes shall be required to pay in full any outstanding balance and delinquent fees to the
Monroe County Office of Tax Collector prior to issuance of any permit under this Agreement.
C. Special Development Standards
I. The Site Redevelopment Plandoes insure that the configuration of manufactured homes meets the
separation requirement of NFPA 501A—Standard for Fire Safety Criteria for Manufactured Home
Installations, Sites and Communities to the maximum extent practicable without the removal of
units.
2. The Site Redevelopment Plan 1 addresses the life safety and fire protection and was approved by
Monroe County Planning,Building Department,and Fire Marshal
3. KLOR is entitled to 285 Units(Lots),as shown on the site plan attached to P49-I1 as amended and
recorded on Doc#1871838,Bk#2557,Pg#452
4. Pursuant to paragraph B. above, road ready recreational vehicles may be temporarily placed on
individual Units(Lots) until December 31,2016.All RV installations will require permitted water,
sews, and electrical connections to service the RV while en site. Permanent homes in compliance
with the Planning Resolution No.P49-I1 as amended shall be authorized to be placed on any of the
Units(Lots)at any time subject to the issuance of,and compliance with a Monroe County building
permit
5. The Board of County Commissioners hereby reserves the right to review and amend the Site
Redevelopment Plan consistent with this Agreement. KLOR may petition the Board of County
Commissions to review the Site Redevelopment Plan approved by the Planning Commission.
Page 10 of IS lulysa,2014
0ao0 1995782
Sk0 2700 Poll 1051
D. Recording
The County shall record this Agreement with the Clerk of the Circuit Court of Monroe County within
fourteen(14)days following signature by all parties.Recording fees shall be paid by KLOR
E. Entire Agreement
This Agreement incorporates and includes all prior negotiations, correspondence, conversations,
agreements,or understandings applicable to the matters contained herein and the pantie agree that there
are no commitments,agreements,or understandings concerning the subject matter of this Agreement that
are not contained in a incorporated into this document;accordingly, it is agreed that no deviation from
the terms hereof shall be predicted upon any prior representations or agreements,whether oral or written.
F. Severab0ity
If any part of this Agreement is contrary to,prohibited by,or deemed invalid under any applicable law or
regulation, such provisions shall be inapplicable and deemed omitted to the extent so contrary,
prohibited, or invalid; however, the remainder here shall not be invalidated thereby and shall he given
full force and effect.
G. Jurisdiction and Governing Law
The parties hereto agree that any and all suits or actions at law shall be brought in Monroe County,Monroe
County, Florida,and no other jurisdiction.This Agreement shall be construed and interpreted under laws of
the State of Florida. Mediation shall be governed by the rules of the 16o Judicial Circuit Court in and fbr
Monroe County,Florida.This Agreement is not subject to arbitration.
H. Conileting Resolutions
All resolutions or parts thereof in conflict with the provisions of this Agreement and its resolution are
hereby repealed to the extent of such conflict.
I. Successors and Assigns
This Agreement shall be binding upon the parties hereto,their successors in interest,heirs,assigns,and
personal representatives,
page it m 11 July3L 1d14
Dnaa 1000702
0k0 2700 P. 1552
J. Notices
All notices,demands,requests,or replies provided for or permitted by this Agreement shall be in writing
and may be delivered by any one of the following methods:(a)by personal delivery; (b)by deposit with
the United States Postal Service as Certified or Registered mail,return receipt requested,postage prepaid,
to the addresses stated below;or(c)by deposit with an overnight express delivery service. Notice shall
be deemed effective upon receipt.
For purposes of notice,demand,request,or replies:
The address of Monroe County shall be:
Roman Oastesi
County Administrator
1100 Simon Street,Ste205
Key West,a.33040
The address of Key Largo Own Resort Condominium Association,Inc.shall be:
Gisela Pino,President
Key Largo Ocean Resort Condominium Association,Inc.
94825 Overseas Highway
Key Largo,FL 33037
IC Effective Date
The effective date of this Agreement is 30 days after the duly signed and recorded Agreement is
received by the Florida Department of Community Affairs pursuant to Chapter 380, Fla. Statutes. The
effective date of this first amendment is 30 days from the date of its rendering.
Pap 12 of 13 July31,1014
! pk 2700 .Pap 2053
IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year below
written.
APPROVAL OF KEY LARGO OCEAN RESORT CONDOMINIUM ASSOCIATION.INC
Signed,sealed,and delivered in the presence of
Witness: For:Key Lag �"an Resort Condondnium Association,Inc.
?MCI Chkrou-c..y By:
Print name iiii Oicela Pino,President
parel .t--, Dated: 2/9/i '7
Signature
The forgoing instrument was acknowledged before me on this 5 day of(I
2014,by`ol` M Pt Al) He/She is personally known tome or produced
.N...-P5ON.280 do3-B'3M-0 as identification and did not take an oath.
A
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qi
{'�'aV' MILENA ROMEO Notary Public
IiA 1. MY COMMISSION 1.2015 2I
EXPIRES Ja.y 1Y.8at6 1 �
tpnnMarm iwkewo*AYc— Mt I n1,A I . ind:l
Printed Name
My Commission expires: O, Vr'�-.'
+1 1 i 115
My Commission number £6038 IO2( I
APPROVAL OF MONROE BOARD OF COUNTY COMMISSIONERS
_„.....a.,latrday of #k@ L(J+ ,2014,Monroe County Board of County Commissioners approved this
i J e , dopy Monroe County Board of County Commissioners Resolution No, 1�'at'I+ .
/ pmy Heavilin,Clerk
tt+';
�.:(;..is9 . OE COUNTY,FLORIDA
trOuvlauty4attegat
Deputy Clerk BY: MA R Sylvia h4.i Y
EON COUNTY ATTORNEY
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1
MONROE COUNTY,FLORIDA
RESOLUTION NO. tqo -2014
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING AN
AMENDMENT TO A DEVELOPMENT AGREEMENT
BETWEEN MONROE COUNTY, FLORIDA AND KEY
LARGO OCEAN RESORT CONDOMINIUM, INC. ALSO
KNOWN AS KLOR AND FORMERLY KNOWN AS KEY
LARGO OCEAN RESORTS CO-OP, INC. CONCERNING
PROPERTY LOCATED AT 94825 OVERSEAS HIGHWAY,
KEY LARGO, APPROXIMATE MILE MARKER 95,
DESCRIBED AS A PARCEL OF LAND IN SECTIONS 13 AND
14, TOWNSHIP 62 SOUTH, RANGE 38 EAST, BEING PART
TRACT 10 AND PART TRACT 11 OF SOUTHCLIFF ESTATES
(PLAT 2, BOOK 45), KEY LARGO, MONROE COUNTY,
FLORIDA HAVING REAL ESTATE NUMBERS
00483401.000100 THROUGH 00483401.028500 AND
00483402.000000.
WHEREAS, during a regularly scheduled public meeting held on August 20, 2014,the
Monroe County Board of County Commissioners conducted a public hearing to review and
consider a request filed by Jim Saunders, on behalf of Key Largo Ocean Resort Condominium,
Inc. (KLOR), for an Amended Development Agreement in accordance with Monroe County
Code §110-132 and §110-133 and Florida Statutes §163.3220 et seq., the "Florida Local
Government Development Agreement Act";and
WHEREAS,the subject property is located at 94825 Overseas Highway in Key Largo,
approximate mile marker 95, and is legally described as a parcel of land in Sections 13 and 14,
Township 62 South, Range 38 East, Key Largo, being a part Tract 10 and part Tract I1 of
Southcliff Estates (Plat Book 2, Page 45) Monroe County, Florida having real estate numbers
00483401.000100 through 00483401.028500 and 00483402.000000;and
WHEREAS, in 2006,the County entered into a Development Agreement with KLOR's
predecessor in interest, Key Largo Ocean Resorts Co-op, Inc. which among other provisions
provided conceptual approval of a plan to redevelop the site. The Development Agreement was
memorialized in BOCC Resolution H242-2006;and
Page 1 of5caoccAy.10.1014)
Deal 1995782
Oki 2700 Pea 1882
WHEREAS,this request for an amendment relates to the redevelopment of the property
with a maximum of 285 single family detached dwelling units and accessory structures and uses
including recreational and maintenance facilities, resort office, bath houses grilUpub, club and
docking facilities;and
WHEREAS, the amendment results in revisions to some provisions of the 2006
development agreement including:
• Amends references from"Key Largo Ocean Resort Co-op"to"Key Largo Ocean Resort
Condominium Association,Ire."as the successor in interest
• Updates the status of improvements to achieve compliance from 2006 to present to reflect
completion of demolition work and attainment of recent building permits for site work
• Increases wet slips from 65 to 76
• Allows existing lawfully nonconforming accessory structures approved to remain on site
to be demolished and replaced with new structures
• Allows road ready RVs to remain on the property until December 31,2016
• Extends the expiration date of the original development agreement from August 22,2016
to December 31,2018
WHEREAS, at a public hearing on June 25, 2014, the Monroe County Planning
Commission reviewed the Development Agreement and recommended approval;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 Mobile-Home (URM) land
use district;
2. The subject property has a Future Land Use Map(FLUM)designation of Mixed Use/
Commercial(MC);
3. The subject property has a tier designation of Tier III;
4. In 1994 and 1995, the Monroe County Code Enforcement Department began to
actively pursue compliance with the requirements of the Recreational Vehicle (RV)
district in order to resolve violations related to construction carried out without the
benefit of properly issued building permits;
5. As a result of the County's action, KLOR brought legal action against the County
seeking relief from the application of the requirements of the Recreational Vehicle
district;
6. The Circuit Court of Monroe County granted an injunction against the County, Case
Number 96-201630-CA-22, to allow KLOR to seek a change of its land use district
designation from Recreational Vehicle (RN) to Urban Residential Mobile Home
(URM)in order to resolve some of the code enforcement issues;
Page 1 of 5(sorc nos.20 2014)
IkU 2760 Pia 1853
7. The Court ordered the parties into Mediation, which resulted in a Settlement
Agreement signed by the parties in June 2003, approved by the Court on August 4,
2003,which authorized KLOR to submit and apply for a Development Agreement;
8. In 2004, KLOR amended the Future Land Use Map Designation from Mixed
Use/Commercial(MC)to Residential High(RH)and from Residential Medium(RM)
to Residential High(RH);
9. In 2004, KLOR amended the Land Use District Map from Recreation Vehicle (RV)
to Urban Residential Mobile Home (URM) and from Improved Subdivision (IS) to
Urban Residential Mobile Home(URM);
10. In 2006, the County entered into a Development Agreement with KLOR which
provided conceptual approval of a plan to redevelop the site. The Development
Agreement was memorialized in BOCC Resolution#242-2006;and
11. In 2007, the Planning Commission approved a request by KLOR for a major
conditional use permit to approve the redevelopment plan and site plan. The approval
and conditions were memorialized in Planning Commission Resolution#P35-07;
12.Following its issuance, Resolution #P35-07 was appealed to the State of Florida
Division of Administrative Hearings(DOAH Case#07-5390). Following a review by
DOAH, the case was dismissed, documented by a final order of dismissal signed by
Brain D. E. Canter, Administrative Law Judge, on June 25,2008. A KLOR resident
named Maria Barroso appealed that order to the Circuit Court(Case#: CA P 08-564).
That case was dismissed by agreement on August 18,2009;
13.In 2007, the BOCC approved a request by KLOR for a waiver to the inclusionary
housing requirements. The approval and conditions were memorialized in BOCC
Resolution#298-2007;
14. On July 13, 2009, the County Sled a motion with the Circuit Court to ratify and
approve the Development Agreement. On August 22,2009,the Circuit Court granted
the County's motion and adopted a"Master Development Schedule...as a guideline
for the parties to implement the Development Agreement" The Master Development
Schedule was never implemented because the KLOR Board was recalled and
replaced in late 2009;
15.In 2009, the County sought to enjoin the use of the Park for habitation because of
numerous life safety violations. After touring the park, the Circuit Court Judge
granted the injunction and originally ordered the park to close as of January 15,2010.
That deadline was extended, but the Court ultimately ordered the park closed for
habitation effective July 31, 2010 in an order dated June 22, 2010. In the June 22,
2010 order,the Court ordered that all illegal structures on the property be demolished
by December 31,2010;
Page 3 of 5(BOCC Aug.20,2014)
Deets 1995782
NM 2700 PO 1664
16.On December 21,2011,the Planning Commission approved a request by KLOR for a
major deviation to the major conditional use permit. The approval and conditions
were memorialized in Planning Commission Resolution#P49-11;
17.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;
18.Florida Statutes §163.3237 allows amendments to development agreements;
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 Code;
2. The request is consistent with the provisions and intent of the Monroe County Year
2010 Comprehensive Plan;
3. The request is consistent with the provisions and intent of the Master Plan for
Tavernier Creek Bridge to Mile Marker 97;
4. The request is consistent with the Principles for Guiding Development in the Florida
Keys Area of Critical State Concern;
5. 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;
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
Page 4 or S(BOCC Aug.20.2014)
82
IKKNR275557PSI 1SSS
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 Amended
Development Agreement between Monroe County and Key Largo Ocean Resort Condominium,
Inc.
PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS of
Monroe County,Florida,at a regular meeting held on the 20Th of August,2014.
Mayor Sylvia Murphy yea
Mayor pro tern Danny L.Kohlage Yea
Commissioner Heather Carruthers Yea
Commissioner George Neugent
Commissioner David Rice VAR
rr
r BOARD OF COUNTY COMMISSIONERS'
t OF MONROE COUNT ORIDA
-- ,�+YA BY:
,., Ma r Sy1 Murphvfk �
r
AMY HEAVILIN,CLERK
Depuutty Clerk
c.
cc o a
C u.
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CC d ",- s'r..'"ts is�::„ar, -�:).
o CM E= COUA'TV(Kg MO:-tic:,^,
W y Qi nit Copv k a Yr:;c Ccj;of:'+e
Wco 1u O•tdotai to F7te i..n nos C:9u Illtotds I M// CaaNMATTOANFY I
Jrc :ay hand and CF:e :,l a":a: /A Oarro eaY
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L Any Or N.r} am: i- . i
A.D.,2014
AMMY it A"'t°.D4
Clerk Circait Court
ctt5l3f�PAC.d
Page 5 of 5(BOCC Aug 20,2014)
MONROE COUNTY
OFFICIAL RECORDS
EXHIBIT B TO THIRD AMENDMENT aniammis
KEY LARGO OCEAN RESORT
CONDOMINIUM ASSOCIATION, INC.
DESIGN GUIDELINES AND USE RULES AND
REGULATIONS FOR DEVELOPMENT
August 15,2011
Revised 12/06/11
Revised 1/26/17
Revised 12/14/19
PREPARED BY:
ARCHITECTURAL REVIEW BOARD
Design Guidelines es Use Rules&Regulations
Page 2
ARCHITECTURAL REVIEW BOARD OF
KEY LARGO OCEAN RESORT CONDOMINIUM
ASSOCIATION, INC.
DESIGN GUIDELINES AND USE RULES AND REGULATIONS
(APPROVED BY THE ASSOCIATION BOARD OF DIRECTORS ON JANUARY 26,2017
This document is not intended to change or replace any of the by-laws or rules and
regulations as set forth in the BY-LAWS OR CORPORATE DOCUMENTS OF KEY
LARGO OCEAN RESORT CONDOMINIUM ASSOCIATION, INC.; it has been
promulgated to protect the architectural integrity and harmony of this Condominium.
MI structures covered on this document must be in compliance with all rules and
regulations promulgated by the authorities having jurisdiction ("AHJ"). Compliance
with this document does not relieve the Unit Owner from compliance with the afore-
mentioned rules and regulations of the AHJ.
Permits and inspections are the SOLE responsibility of the Unit Owner after prior
approval and issuance of an authorization letter to proceed by the Board.
The attached Architectural Graphic Design Guidelines and Use Rules and Regulations
for Development shall be used in conjunction with this document. In the event that
conflicting information is found between the two documents, the more restrictive rule
shall govern.
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Design Guidelines&Use Rules&Regulations
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I. General
a. Authority
b. Definitions
c. History
d. Mission statement
e. Project program
f. Design Concept
g. Massing
h. Architectural Review Board
i. Project review procedure
j. Community Parking Regulations
II. Building Guidelines Rules and Regulations
a. Building envelope and structure placement within Unit
b. Unit off-street parking requirements
c. Ground floor storage
d. Structure Height
e. Porches and terraces
f. Fenestration
g. Exterior vertical circulation
h. Exterior cladding and finish
i. Roof
j. Minimum construction requirements
k. Construction Procedures and Safety Regulations
III. Site-specific Building Rules and Regulations and Use
Restrictions
a. Waterfront Units
b. Buffer Units
IV. Pre-Approved Models (Facade)
a. Aruba
b. French Key
c. Aruba
d. Grand Bahama I
e. Grand Bahama II
f. Grand Cayman
g. Little Abaco
h. St. Barts
i. St.Kitts
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I. St. Lucia
k. St. Martin
1. St.Thomas
m. St. Vincent
Authority
These Design and Use Rules and Regulations for Development have been adopted and
approved by the Key Largo Ocean Resort Condominium Association, Inc. Board of
Directors in accordance with the Association By-laws as of August 15, 2011. This
document has been adopted not only to protect the architectural integrity and harmony
of the community,but also to promote the safety and welfare of residents and to maintain
an acceptable quality of life.
This document is provided as a complement to the Association By-laws and is to be
implemented as such.It does not replace the code requirements mandated and enforced
by the AHJ.
Definitions
Accessory Shoreline Structures and Plantings: Any accessory structure constructed or
shrub or tree planted as specified under these guidelines.
Association: Key Largo Ocean Resort Condominium Association, Inc. (KLOR)
Architectural Review Board("ARB"):entity designated by the KLOR Board of Directors
to protect the architectural integrity and harmony of the community.
Board of Directors("BOD" or"Board"):governing body of the Key Largo Ocean Resort
Condominium Association elected by its Members.
Authority(ies)having jurisdiction("AHJ"):any governmental agency or sub-agency which
regulates the construction process,including,but not limited to,County,State and Federal
agencies which enforce the building and fire codes.
Unit:A parcel of Condominium Property described by a legal description,as a"Unit" on
the Exhibits to the Declaration of Condominium and which are subject to exclusive
ownership.
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Setback: With respect to a unit,is the distance from the unit boundaries,as described by
the legal description,to the building envelope. Measured from the boundary(ies) to the
eave or drip-line of the structure, in these guidelines the drip-line is synonymous with
the building envelope line. Also the distance between a building, Unit or other
'.. improvement and the property line.
Building envelope: the volume created within a Unit by establishing the required
setbacks from the boundaries and the maximum building height from the crown of the
road directly in front of the Unit.
Structure:structure used or intended for supporting or sheltering any use or continuous
occupancy within the building envelope as a single family residence.
Watercraft:any vessel,boat or personal craft that is designed to move through the water.
Mean high water line: mark established by survey which represents the intersection of
the nineteen-year mean high water elevation with the shoreline.
History
Since its inception in the /ate 1970's as a travel-trailer park, the residents of this
community transient and permanent alike have been drawn to use KLOR as a departure
port for their fishing expeditions as well as other sea-related activities. The strategic
location proffered by Key Largo Ocean Resorts is the main reason for its use and
occupancy.Any person who has lived or visited this community has always come away
with fond memories of the surrounding sea,its deep water access and the overall views
and vistas available from the shoreline.
Mission Statement
On June 5, 2010 an overwhelming majority of KLOR shareholders of the former Key
Largo Ocean Resorts cooperative voted to adopt the proposed Site Plan which these
Design Guidelines and Use Rules and Regulations are a part of. On September 13, 2011
an overwhelming majority again voted to adopt a modified Site Plan and Design
Guidelines and Use Rules and Regulations based on a compromise with dissenting
waterfront Unit Owners.
The main reason for this overwhelming approval is the fact that it brings equity to all
Unit Owners under the Declaration of Condominium.In order to ensure compliance with
the majority's decision while preserving future property values through the development
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of a cohesive community, the KLOR BOD has devised a tool whereby all Unit Owners
can design and build their homes through the use of design and construction
professionals and while doing so also maintain and preserve the character and
architectural style of their community.
The intent of the Key Largo Ocean Resort Condominium Association, Inc., Design
Guidelines and Use Rules and Regulations is to create and maintain a harmonious and
cohesive architectural environment through the use of simple architectural design
elements and materials.
Project Program
To design a community consisting of two hundred eighty five (285) new single family
homes,a new office structure,a new recreation building structure and swimming pool,a
new marina grill structure, a new tennis/basketball amenity, and new manned entry
gatehouse structure all within a waterfront twenty three point zero four(23.04)acres site
in Key Largo,Florida.
Parking for two motor vehicles and one watercraft shall be provided within the building
envelope of each Unit.
The first habitable level of all Unit structures shall be elevated to comply with flood plain
requirements.
Property setbacks for new construction and other requirements such as open community
area and buffers are as follows:
Setback at Northwest(Overseas Highway)property line:twenty(20)feet scenic corridor.
Setback at Southwest property line: twenty(20)feet landscape buffer.
Setback at Northeast property line: twenty(20)feet landscape buffer.
Setback at Southeast(Atlantic Ocean) property line: twenty(20)feet.
Open community area required: one hundred and two thousand (102,000)square feet.
Design concept
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Rage
In the context of establishing this community's architectural style and character it is
important to consider the relationship between the user and his ultimate goal, which is
the use and enjoyment of the adjacent Atlantic Ocean.It follows that a marine-like theme
would be the best suited to both identify and reinforce this relationship.
There are two program requirements which are crucial to the successful architectural
design for this community.
First,almost all of the 285 residents own some type of watercraft and motor vehicle and
the available Common Elements are limited to the use of access roads, community
buildings and open community space,thus the need to locate them within the individual
Unit envelope.
Second,this community is situated on a flood zone, thus the lowest habitable level must
comply with the federally mandated flood requirements.
The placement of the lowest habitable level living area on an elevated structure to comply
with flood and parking requirements provides the physical solution to the program
requirement,as far as functionality of design is concerned,and in doing so,it establishes
the form and character of the homes of this community.
Providing a rectangular layout following the building envelope will provide the most
cost-efficient plan and maximize the use of the available space,which in this project is a
must.
Massing
The program which requires the placement of 285 homes on this site together with the
need to store motor vehicles and watercraft within the individual Unit envelope due to
site constraints as well as the need to comply with flood requirements for this site will
help shape the strong form of these houses. A rectangular plan raised on an elevated
structure provides the best architectural solution as the massing can then be articulated
through the juxtaposition of volume and void.
Terraces recessed within the volume of the structure at the rear will be mandatory on
those houses which have their rear facade facing the shoreline.
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The one or two story houses will be elevated off the ground via the use of structural
columns, and or partial structural walls in compliance with the guidelines, and all
applicable building codes.
Vertical circulation from ground level to first habitable level may be provided on the
exterior,outside of and attached to the structure envelope,for maximization of the usable
living space or it may be integrated within the structure design.
Location of the exterior vertical circulation must be coordinated with the adjacent
approved units.
Architectural Review Board
The Board of Directors shall appoint three (3) Association members to serve on the
Architectural Review Board on a voluntary basis for a period of at least six (6)months.
The ARB shall be composed,but not limited to at least one Architect/Design Professional,
if available,one general contractor,if available,and one lay person.In the event a design
professional is not available from among the association members,an outside consulting
design professional shall be contracted by the Association to review applications. The
ARB will convene the first(1st) Wednesday of every month.
Project Review Procedure
KLOR Association members interested in developing their Unit must apply to the KLOR
ARB for review and approval prior to submitting their permit plans to the Monroe
County Building Department. The following items are required for submittal to the
Architectural Review Board:
1. Completed KLOR ARB application and fee as set forth under"Key Largo Ocean
Resorts Policies and Procedures for Presentation of Plan"
2. Site plan drawing at a suitable scale depicting the location of the proposed
structure in compliance with these Rules and Regulations.
It 3. A landscaping plan depicting compliance with the approved overall project
landscaping plan("Project Landscaping Plan").
4. Floor plans drawn at W =1'-0"scale depicting room designations and dimensions.
5. Exterior elevations depicting all four facades of the proposed structure following
the design elements and materials specified by the Rules and Regulations
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The ARE review procedure for Developers and Contractors that would like to offer their
home product line to Association members and do not have a unit-specific site plan to
submit for approval shall be as stipulated in the"Key Largo Ocean Resorts Policies and
Procedures for Presentation of Plans for Architectural Review Board ARB".
Completed application packages and required fee must be submitted by the fifteenth
(15th)of the preceding month to be placed on the agenda for the next meeting.
Meeting agendas will be made available the week prior to the KLOR ARB meeting and
can be obtained at the Association's main office.Applicants should be present during the
review and are encouraged to participate in the review process. Applicants will be
advised of the disposition of the review during the meeting and if approved, the KLOR
ARB will draft and sign an authorization letter to proceed with the building permit
process.
The KLOR ARB will review the design and materials specified for the exterior of the home
based on but not limited to the following criteria as set forth on the Design Guidelines
and Rules and Regulations:
a. Architectural style,character,scale and appropriateness.
b. Use of design elements as set forth on the Design Guidelines Rules and
Regulations
c. Compliance with landscaping requirements as set forth on the Project
Landscaping Plan.
d. Proper screening of exterior mounted equipment
a Facade color scheme.
Please refer to exhibit"A" for sample ARB review applications
Community Parking Regulations
Community or visitor parking spaces are available throughout the project for the use of
visitors and/or residents alike. These spaces are not assigned and shall be available on a
first-come, first-served basis. Parking of any watercraft in these spaces is strictly
prohibited.
Parking of motor vehicles and/or watercraft is strictly prohibited on the roads providing
access to the Units as well as in the setback area of any Unit.
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All vehicular access roads must always be kept clear of vehicles and watercraft to allow
for ingress and egress of emergency vehicles and residents at all times. "
*This regulation will be strictly enforced, and all vehicles found in violation will be
towed away at the Unit Owner's or visitor's expense.
Building Envelope
The volume of the building envelope is established by two physical parameters, both
mandated by the Monroe County Building and Planning Department and the Monroe
County Fire Department.
The first parameter is the setback distance from the Unit's property lines, the second
parameter is the vertical distance from crown of the road in front of the unit,to the highest
point of the structure's roof.
The general setback required from all Unit boundary/property lines is a minimum of
five feet zero inches (5'-0") measured from boundary/property line to the building
envelope line.The required minimum eave length is zero feet six inches(0'6")therefore,
in the case where two adjacent units that incorporate eaves in their design,the minimum
structure to structure distance is eleven feet zero inches(11'-0").
NOTE:
All units are required to provide an additional 2'-0"(7'-0"total)front setback at ground
floor only for utilities easement.
In the event a different solution is presented and approved by the ARB, the minimum
distance from the boundary/property line to the building envelope line, shall be a
minimum of five feet zero inches. (5-'0").
The rear setback required at the shoreline structures is twenty feet zero inches (20'-0")
measured from the mean high water line to the building envelope.
The minimum rear setback required at buffer yard structures is twenty feet zero inches
(20'-0") measured from the project property line to the building envelope, unless
otherwise noted on lot-specific regulations.
A non-combustible stairway from the ground floor to the first elevated habitable level is
permitted within the side setback area. Refer to the vertical circulation section for the
minimum requirements if this stairway is part of the design.
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Pagell
The Maximum Structure Height shall be the highest elevation as approved by Monroe
County Land Development Regulations or from whatever other approval Monroe county
uses to set maximum height elevations to be measured from the edge of pavement,
directly in front of the unit,vertically up to the highest point of the Structure's roof.
Unit off-sheet parking required
A minimum of two(2)8'-6"x18'-0" off-street parking spaces are required to be located at
ground Ievel within the building envelope, below the first habitable living level. In
addition all personal watercraft and vessels must be kept within the same area.
Please note that parking or keeping of the watercraft,motor vehicles or vessels outside of
the Unit's building envelope is strictly prohibited.
The parking area floor shall be a non-combustible permeable material such, as but not
limited to the following:
a. Concrete paver
b. Concrete slabs incorporating separations (drainage areas) to allow for water
filtration.
c. River stones or gravel.
There shall be no mechanical or other repairs performed on the vehicles and or watercraft
while stationed within the building envelope or in any community area.
Please refer to the community/visitor parking section for parking requirements and
regulations outside of the Unit.
Vacant Lots
Vacant lots must be kept and maintained clean,and in an orderly manner.
Fences
Fences shall have a maximum height of thirty-six inches(36").Open-type picket or
horizontal slats fences axe permitted,provided they follow the previously established
front setback requirements. Picket or horizontal slats fences must be painted white.
Note: All fences design must be submitted and approved by the ARB.
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II
II
Ground floor storage
Each Unit is allowed a ground floor storage area not to exceed a total of two hundred and :I
i ninety-nine (299) square feet in area located within the structure envelope.This storage
i area if provided,may not encroach into the required off-street parking and watercraft area.
Construction of ground floor storage shall comply with all the requirements of the AHJ.
Structure height
The Maximum Structure Height shall be the highest elevation as approved by Monroe
County Land Development Regulations or from whatever other approval Monroe county
uses to set maximum height elevations to be measured from the edge of pavement,
directly in front of the unit,vertically up to the highest point of the Structure's roof.
The minimum floor elevation of the lowest habitable level shall be governed by flood
plain requirements, AHJ,and these Guidelines and Rules and Regulations.
The access opening to the ground floor off-street parking area shall have a minimum
height of eight feet six inches (8'-6") above the interior parking surface elevation. The
height of this opening may not exceed thirteen feet (13'-0") above the interior parking
surface elevation.(13'-0")
The minimum clear floor to ceiling height of any habitable level shall be as permitted by
all applicable building codes, unless a different floor to ceiling height is otherwise
required by any other section of this document.
Porches and terraces
It's recommended and encouraged that all units shall incorporate a porch or terrace at
the facade facing the street. This porch or terrace shall be recessed within the building
envelope and may not encroach into the front setback.
All structures within Units may incorporate a rear terrace. This terrace if provided shall
be recessed within the building envelope and may not encroach into the rear setback.
All structures within units at the shoreline area shall incorporate rear terraces in their
design,as stipulated in the site-specific Design Guidelines and Use Rules and Regulations
section of this document.
I
I
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Fenestration
All fenestration shall be energy efficient,bear the Energy Star label and comply with the
Florida Energy Conservation Code in effect at the time of permitting.
Windows Type
Single hung, casement, horizontal slider, or any other window types submitted and
approved by the ARB,all windows must incorporate impact-resistant glazing,and must
comply with all applicable building codes.
Frame color:
White,anodized aluminum or bronze.
Glazing:
Clear or tinted impact glass which must comply with all applicable building codes.
Location of windows:
All window location,must comply with all applicable building codes.
Exterior doors:
All doors types must be submitted and approved by the ARB and must comply with all
applicable building codes.
Vertical circulation
In order to maximize the use of the living space, the structure's design may incorporate
a non-combustible exterior stairway to provide access from the ground level to the first
elevated habitable level.
Such stairway if provided may be located within the side setback area provided it is
attached to the structure. The width of the stairway from the face of the structure
envelope towards the setback area cannot exceed three(3) feet.
If provided in contiguous structures, this stair may not face the stair from the adjacent
structure.
Elevators will be permitted by these Guidelines.
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Roof
Roof shapes:
1.Gable
2.Hipped
3.Flat
4.Or any other roof design submitted and approved by the ARB,
Roof deck/ Roof terraces areas may be incorporated into the design of the unit.
However,it's recommended that the proposed design solution incorporates a design
element in a manner that the roof deck / roof terrace is not visible from the façade
facing the street.
Note: All roof designs must be submitted and approved by the ARB.
Roof Slope:
If applicable,a minimum roof slope shall be 4" in 12';maximum roof slope shall be 6"in
12".1f a Polynesian Style roof is incorporated,the lower portion of the roof slope shall be
no less than a 2.5" in 12. The upper portion of the roof slope shall be no less than a 4" in
12.
Roof finish: Aluminum Standing Seam
Structure construction and exterior elements
Structure construction shall be either a manufactured single-family home, CBS single
family home, modular single-family home, panelized steel single family home, wood
frame single family home.
All structure construction must meet all applicable building codes.
Ground to first elevated level:
Structural columns, and or partial structural walls in compliance with the Design
Guidelines Rules and Regulations, and as required by all applicable building codes.
Bearing walls:
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Wood, metal, reinforced concrete, or reinforced concrete masonry as required by all
applicable building codes. The minimum insulation value shall be as required by all
applicable building codes.
Intermediate floors:
Shall be constructed of Wood,metal,reinforced concrete or a combination of these.The
bottom of first elevated floor shall have a fire resistance rating of one (1) hour when
vehicles and or watercraft will be stationed under it.
Roof:
Prefabricated wood trusses,metal trusses or reinforced concrete with appropriate roofing
system to meet and comply with all applicable building codes.
The minimum insulation value shall be as required by all applicable building codes.
Reinforced concrete with built-up roof deck minimum insulation value as required by all
applicable building codes.-If a deck area is approved,the roof deck shall be constructed
as required to meet all applicable building codes.
Guardrails and handrails:
The design of exterior guardrails shall be simple and aesthetically integrated in the façade
design. Intricate ornate designs are discouraged.Material shall be aluminum or stainless
steel.
Color.White,anodized aluminum or bronze,and must be approved by the ARB.
Exterior cladding:
All construction types are encouraged to incorporate in their exterior walls a cement-
based"Hardieplank"horizontally applied lap siding over a water-resistant membrane.If
provided, the exposure of the siding shall be a minimum of 5" and a maximum of 6". All
corners shall be trimmed with a minimum of 4"material.
Construction procedures and Site Safety Regulations
INFRASTRUCTURE:
General
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Unit Owners shall be notified thirty (30) days prior to commencement and thirty (30)
prior to final completion of the infrastructure's construction.
Access to the site during infrastructure, marina and or common area construction shall
be limited to construction personnel.Unit Owners will not have access to the construction
site,no exceptions are permitted due to insurance regulations.
Unit Owners that are interested in commencing their Unit construction upon completion •
of the infrastructure shall follow the procedure outlined below in addition to the plan
review and approval requirements stipulated in the Key Largo Ocean Resort Guidelines
and Use Rules and Regulations.
UNIT CONSTRUCTION REQUIREMENTS AND SAFETY PROCEDURES.
Prior to Commencement of Construction contractors shall comply with the following:
1.-In order to be scheduled for construction by the KLOR management office,the Unit Owner's
previously approved general contractor shall provide a copy of the building permit,a
current certificate of competency from Monroe County and or the State of Florida,as well as
a construction schedule at which time he will be provided with a copy of the Construction
Operations Rules and Regulations.
2.-Obtain a copy of the site utility as-built from the KLOR management office.
3. Provide a list of sub-contractors. All sub-contractors shall be considered
Building contractors by the KLOR Association and must comply with these Rules and
Regulations.
4.-Contractor's Insurance Agent shall fax or mail Certificate of insurance naming
Key Largo Ocean Resort Condominium Association,Inc.,as an additional insured.
A-Minimum of$2,000,000.00 Liability
B-Minimum of$50,000.00 Medical each per occurrence
5.-Contractors and sub-contractors shall comply with all applicable OSHA
regulations such as but not limited to hard hats,approved shoes and
construction equipment,which are required within the construction site.
Failure to do so will result in the issuance of a warning upon the first offense
and expulsion from the site after the second offense.
6.-Provide a copy of Company Safety Procedures.
l 7.-For each employee,provide employee driver license and obtain a construction worker pass
from the KLOR's Association. Worker pass shall be worn at all times within the construction
site.
8.-Obtain a construction personnel vehicle parking permit.All vehicles shall be
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parked in designated areas only.
9.-Notify utilities before commencing.
a-Sunshine State One Call of Florida,Inc. (800)4324770
Once notified by KLOR's Association to commence construction,the contractor has thirty
(30)days to commence.Failure to do so will result in re-scheduling of the commencement
date.
After notification to commence and prior to commencing excavation,the individual Unit
site shall be fenced with a minimum 6'high chain-link fence and 10'wide gate which will
be maintained on site until a certificate of occupancy is obtained.
During construction operations all debris shall be kept within the Unit boundary and
each site shall be cleaned daily. The private roads and Common Elements shall be kept
free of debris and vehicles.
The contractor shall give KLOR's Association 24-hour previous notice before any oversize
equipment such as a crane is brought into the construction site.
The construction fence shall be kept in place up to the time a certificate of occupancy is
obtained.
Once the certificate of occupancy is obtained and provided to KLOR's Association,a site
inspection will be conducted and a letter authorizing Unit Owner occupancy shall be
issued by KLOR's Association no later than ten (10) business days following the
inspection if the inspection results are satisfactory.
The Unit Owner shall provide KLOR's Association with 24-hour notice to occupy their
Unit in order to coordinate with other Unit Owners.
Site-specific Building Rules and Regulations and Use
Restrictions
Units 1 through 5
The use of the area defined as a"Landscape Buffer setback", extending twenty (20)feet
from the rear Unit boundary line and between the extensions of the side Unit boundary
lines (if same were extended) shall be granted to the Unit Owners that have Units
contiguous to the buffer area and abutting this setback, and each such area shall be
deemed a Limited Common Element appurtenant to the respective Unit subject to the
following conditions:
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1. The area is defined by measuring twenty (20) feet from the respective rear Unit
boundary line toward the property line ending at the boundary fence.
2. This area is part of the required landscaped buffer area and as such permanent
structures are prohibited.
3. This area shall be maintained free of debris,trash or any other material detrimental
to the visual enjoyment of the space.
4. There shall be no fences erected in this area.
5. Setbacks shall be five feet zero inches (5'-0") from all Unit boundary lines to the
building envelope.
6. The Owner of each respective Unit shall be responsible for the maintenance and
upkeep of the Limited Common Element area appurtenant to such Unit.
NOTE:
All units are required to provide an additional 2'-0"(7-0"total)front setback at ground
floor only for utilities easement.
Units 6 through 26:
The use of the area defined as a"Landscape Buffer setback", extending twenty(20)feet
from the rear Unit boundary line and between the extensions of the side Unit boundary
lines (if same were extended) shall be granted to the Unit Owners that have Units
contiguous to the buffer area and abutting this setback, and each such area shall be
deemed a Limited Common Element appurtenant to the respective Unit subject to the
following conditions:
1. The area is defined by measuring twenty (20) feet from the respective rear Unit
boundary line towards the property line.
2. This area is part of the required landscaped buffer area and as such permanent
structures are prohibited.
3. This area shall be maintained free of debris,trash or any other material detrimental
to the visual enjoyment of the space.
4. There shall be no fences erected in this area.
5. The front setback shall be ten feet zero inches (10'-0") from the street-side
boundary line to the building envelope.
6. The rear setback shall be twenty feet zero inches (20'-0") from the overall project
property line to the Unit's rear boundary or eave line. (Does not exist on 8 through
26)
7. Side setbacks shall be five feet zero Inches(5'-0") from all Unit boundary lines to
the building envelope.
8. The Owner of each respective Unit shall be responsible for the maintenance and
upkeep of the Limited Common Element area appurtenant to such Unit.
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NOTE:
All units are required to provide an additional 2'-0"(7'-0"total)front setback at
ground floor only for utilities easement.
Units 27:
The use of the area defined as a "Landscape Buffer setback", extending twenty (20) feet
from the rear. Unit boundary line and between the extensions of the side Unit boundary
lines (if same were extended) shall be granted to the Unit Owners that have Units
contiguous to the buffer area and abutting this setback, and each such area shall be
deemed a Limited Common Element appurtenant to the respective Unit subject to the
following conditions:
1. The area is defined by measuring twenty (20) feet from the respective Unit
boundary line toward the property line.
2. This area is part of the required landscaped buffer area and as such permanent
structures are prohibited.
3. This area shall be maintained free of debris,trash or any other material detrimental
to the visual enjoyment of the space.
4. There shall be no fences erected in this area.
5. The front setback shall be five feet zero inches(5'-0")from the street-side boundary
line to the building envelope.
6. The rear setback shall be twenty feet zero inches(20'-0") from the overall project
property line to the Unit's rear boundary or eave line.
7. Side setbacks shall be five feet zero inches (5'-0") from boundary lines to the
building envelope.
8. The Owner of the abutting Unit shall be responsible for the maintenance and
upkeep of the Limited Common Element area appurtenant to such Unit
NOTE:
All units are required to provide an additional 2'-0"(7-0"total)front setback at ground
floor only for utilities easement.
Units 28 through 38:
The use of the area defined as the "Shoreline Setback" or "Landscape Buffer Setback
extending twenty (20) feet from the rear or side of the unit as applicable, including the
upland of the seaward edge of the seawall/riprap and between the seaward projections
of the rear or side Unit boundary line outward, to the high water line, shall be granted
exclusively to the respective unit owners(and their guests).
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The KLOR BOD will not interfere with any riparian rights appurtenant to those units.
The following paragraphs specify the methodology and conditions for the use of this
area,which it's divided into two parts:
(A)The first part is a maintenance/repair access area contiguous and parallel to the
seaward edge of the seawall/riprap.This access area-shall include the
seawall/riprap in it's entirely and shall not encroach on the area designated for
accessory shoreline structures and plantings.The purpose of this access area is to
enable the KLOR's Association to maintain,repair and replace any damaged
riprap as necessary.This area shall be free of any structure such as Gazebos or
Open Shelters,and/or encumbrance temporary or otherwise except for the
riprap,decks and/or docks structure over the riprap and its ground surface and
its ground surface.No structures shall be constructed within this easement
access area,except related to structural repairs and/or replacement of the
seawall/riprap in accordance with the form and height of the existing
seawall/riprap condition.
Nothing herein shall be deemed to prohibit the construction of any decks and/or
dock structures over the rip rap(without any penetrations into the rip rap for
support or otherwise. All decks and/or docks structures may extend a maximum
of 16'-0"beyond the mean high-water line.Construction all decks and/or docks
structures must comply with all the requirements of the AH).
(B)The second part of the area to be used is the area designated for accessory shoreline
structures and plantings.
1. The front setback shall be five feet zero inches(5'-0")from the unit
property/boundary line to the building envelope.
2. Side setbacks shall be five feet zero inches(5'-0") from all unit
property/boundary line the building envelope.
3. The South side setback of Unit 28 shall be twenty feet zero inches(20'-0")from
the overall project property line to the Unit's side boundary or eave line,as
applicable.
NOTE:
All units are required to provide an additional 2,-0"(7-0"total)front setback at ground
floor only for utilities easement.
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1. Any and all Unit Owners who comply with these guidelines shall be granted the
privilege to use this shoreline area located within the Unit boundaries to erect,
build or cause to be constructed an accessory shoreline structure solely within the
designated area contiguous to the applicable unit's seaward boundary line.
The accessory shoreline structures shall be limited to those permitted by the AHJ
and shall comply with the additional criteria stated below.
In addition,landscaping,fences and movable furniture shall be permitted subject
to the requirements stated below.
A. Gazebos and open shelters shall be constructed of durable water-resistant
materials such as painted pressure treated wood or pre-finished PVC or other
materials.
Note: The design of the GazeboQopen shelters must be submitted and approved by
the ARB.
The decks shall allow for infiltration of storm water run-off and shall not encroach
into the seawall maintenance easement.Decks shall follow the slope of the grade
elevation as established by the approved drainage plans.Decks shall be subject
to a side setback requirement of two(2)feet on each side. Decks shall be natural wood
grain color or painted light gray.
B. Decks on grade shall be as permitted by the AHJ, and shall comply with all
applicable codes and requirements. All decks shall be constructed of permeable
materials to be approved
by the ARB.
All decks shall allow for infiltration of storm water run-off. Decks shall be subject
to a side setback requirement of two (2) feet on each side. Decks shall be natural
wood grain color or painted light gray.
C. Benches are permitted provided they are constructed of a water-resistant
material and may be permanently attached to the ground or deck.
D. Beach type umbrellas are permitted provided they are temporary in nature and
am used during daylight hours only.
E. The total maximum coverage of any structure or deck shall not exceed a total of
sixty(60) percent of the upland area of the shoreline setback and shall not be less
than two(2)feet from the neighboring Unit boundary line.
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F. Fences shall have a maximum height of thirty-six inches (36") with open-type
picket or horizontal slats fences are permitted, provided they follow the
previously established side setback requirements. Picket or horizontal slats fences
shall be painted white.
G. Low planting shrubs(maximum three(3)feet in height when mature)of a native
salt-tolerant species may be planted at the side setback area between Units. In
addition a maximum of three (3)coconut palms may be planted in this
designated accessory structure construction area provided the planting of these
palms does not interfere with the ocean view corridors available between
principal structures from the street to the ocean. A landscaping plan shall be
submitted for approval by the KLOR's ARB.
H. Lawn furniture shall be permitted to be used in this area provided it is temporary
in nature and not attached to the existing ground or deck.
I. Any proposed construction and landscaping seaward of the respective Unit
seaward building envelope line shall be initially reviewed and approved by the
KLOR's ARB and subsequently be reviewed and approved for permitting by the
AHJ including but not limited to Monroe County,the State of Florida and the
-- Federal government as applicable.The AHJ regulations may be applied in a more
restrictive manner than those proposed above and no representations are made
concerning approval by the AHJ.
2. Temporary ladders are permitted for access to the seaward easement access area,
provided the owner and user of same provides a"hold harmless"agreement to
the KLOR BOD indemnifying the Association from any possible claims arising
from any injuries that may occur through their use.
3. The following structures shall not be permitted within the shoreline setback area,
designated accessory structure construction area or seaward from the MIIWL:
a.Screen enclosures
b.Fish cleaning stations
4 Unit Owners granted the rights of this use shall be responsible for the payment of
their proportionate share of the property taxes, in addition to the 1/285
proportionate share promulgated by the yearly budget which Is customarily
referred to as the monthly maintenance assessment. The exact amount to be paid
will be determined once the exact area to be used by each unit owner is established
by Survey
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Units 39 through 110 and 126-203 and 207-277:
1. Front setback shall be five feet zero inches(5'-0")from the street boundary line to
the building envelope.
2. Rear setback shall be five feet zero inches(5'-0")from the rear boundary line to the
building envelope.
3. Side setbacks shall be five feet zero inches(5'-0")from side boundary lines to the
building envelope.
NOTE:
All units are required to provide an additional 2'-0"(7'-0"total)front setback at ground
floor only for utilities easement.
All other requirements shall conform to the general criteria and use regulations.
Units in through 116
1. Front setback shall be five ten feet zero inches(5'-0")from the street boundary line
to the building envelope.
2. Rear setback shall be five feet zero inches(5'-0")from the rear boundary line to the
building envelope.
3. Side setbacks shall be five feet zero inches (5'-0") from side boundary lines to the ',
building envelope.
NOTE:
All units are required to provide an additional 2'-0"(7-0"total)front setback at ground
floor only for utilities easement.
All other requirements shall conform to the general criteria and use regulations
Units 117 through 125:
The use of the area defined by the seaward line of the building envelope and upland of
the seawall edge of the seawall and between the seawall projections of the side
boundaries shall be granted exclusively to the respective unit owners(and their guests).
The KLOR BOD will not interfere with any riparian rights appurtenant to those units.
The following paragraphs specify the methodology and conditions for the use of this
area,which it's divided into two parts:
(A) The first part is a maintenance/repair access area contiguous and parallel to the
seaward edge of the seawall. This access area shall include the seawall and walkway in
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Design Guidelines&Use Rules k Regulations
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its entirely, and as well as the minimum first eight(8) feet upland from seaward face of
the seawall. This access area shall not encroach on the area designated for accessory
shoreline structures and plantings.The purpose of this access area is to enable the KLOR's
Association to maintain,repair and replace any damaged seawall or walkway.This area
shall be free of any structure and/or encumbrance temporary or otherwise except for
the seawall and walkway and its ground surface (excepting for the seawall and
walkway) shall be uniformly covered with paspalum vaginatum sod (Seashore
paspalum).No structures shall be constructed within this access area,except related to
structural repairs and/or replacement of the seawall or walkway in accordance with the
form and height of the existing seawall and walkway.
(B) The second part of the area to be used is the area designated for accessory shoreline
structures and plantings.This area is defined by a measurement of up to twelve(12)feet
in a seaward direction from the seaward Unit boundary line.The ground surface of this
area shall be uniformly covered with paspalum vaginatum sod. This area is the Limited
Common Element area referenced above.
1. The front setback shall be five feet zero inches (5'-0") from the unit
property/boundary line to the building envelope.
2. Side setbacks shall be five feet zero inches(5'-0")from all unit property/boundary
line the building envelope.
NOTE
All units are required to provide an additional 2'-0"(7'-0"total)front setback at ground
floor only for utilities easement.
All other requirements shall conform to the general criteria and use regulations.
Refer to the attached diagram representing the maintenance/repair ease.narit access and
the accessory shoreline structures and planting area.
1. Any and all Unit Owners who comply with these guidelines shall be granted to
use this shoreline area to erect, build or cause to be constructed an accessory
shoreline structure solely within the designated area contiguous to the applicable
Unit's seaward boundary line. The accessory shoreline structures shall be limited
to those permitted by the AHJ and additionally shall comply with the criteria listed
below. Landscaping, lawn furniture and fences shall also be permitted subject to
the requirements listed below.
A. Gazebos and open shelters shall be constructed of durable water-resistant
materials such as painted pressure treated wood or pre-finished PVC or other
material.
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Note: The design of the Gazebos/open shelters must be submitted and approved by
the ARB.
B. Decks on grade shall be as permitted by the AHJ,and shall comply with all
applicable codes and requirements. All decks shall be constructed of permeable
materials to be approved by the ARB. All decks shall allow for infiltration of
storm water run-off. Decks shall be subject to a side setback requirement of two
(2)feet on each side.Decks shall be natural wood grain color or painted light gray.
C. Benches are permitted provided they are constructed of a water-resistant
material and may be permanently attached to the ground or deck.
E. Beach type umbrellas are permitted provided they are temporary in nature and
are used during daylight hours only.
F. Fences shall have a maximum height of thirty inches (30") open-type picket or
horizontal slats fences are permitted, provided they follow the previously
established side setback requirements. Picket or horizontal slats fences shall be
painted white.
G. Fences shall have a maximum height of thirty inches (30"). Open-type picket or
horizontal slats fences are permitted, provided they follow the previously
established front setback requirements. Picket or horizontal slats fences shall be
painted white.
H. Low planting shrubs(maximum three (3)feet in height when mature)of a native
salt-tolerant species may be planted at the side setback area between Units. In
addition a maximum of three (3) coconut palms may be planted in this
designated accessory structure construction area provided the planting of these
palms does not interfere with the ocean view corridors available between
principal structures from the street to the ocean. A landscaping plan shall be
submitted for approval by the KLOR ARB.
I. Lawn furniture shall be permitted to be used in this area provided it is temporary
in nature and not attached to the existing ground or deck.
J. Any proposed construction and landscaping seaward of the respective Unit
seaward building envelope line shall be initially reviewed and approved by the
KLOR ARB and subsequently be reviewed and approved for permitting by the
AHJ including but not limited to Monroe County, the State of Florida and the
Federal government as applicable. The Ali) regulations may be applied in a
more restrictive manner than those proposed above and no representations are
made concerning approval by the AHJ.
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2. The following structures shall not be permitted within the shoreline setback,
maintenance/repair easement, designated accessory structure construction area
or seaward from the MHWL:
a.Pools and/or spas and water features
b.Screen enclosures
c. Boat ramps
d. Fish cleaning station
3. Unit Owners granted the rights of this use shall be responsible for the payment of
their proportionate share of the property taxes, in addition to the 1/285
proportionate share promulgated by the yearly budget which is customarily
referred to as the monthly maintenance assessment.The exact amount to be paid
will be determined once the exact area to be used by each shareholder unit owner
is established by Survey.
Units 204 through 206
1. Front setback shall be five twenty feet zero inches(5'-0") from the street boundary
line to the building envelope.
2. Rear setback shall be five feet zero inches(5'-0")from the rear boundary line to the
building envelope.
3. Side setbacks shall be five feet zero inches(5'-0") from side boundary lines to the
building envelope.
NOTE:
MI units are required to provide an additional 2'-0"(7-0"total)front setback at ground
floor only for utilities easement.
All other requirements shall conform to the general criteria and use regulations.
Unit 278:
The use of the area defined by the seaward line of the building envelope and upland of
the seaward edge of the seawall/riprap and between the seaward projections of the side
boundaries extending outward to the high water line,shall be granted exclusively to the
respective unit owners (and their guests). The KLOR BOD will not interfere with any
riparian rights appurtenant to those units.
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The following paragraphs specify the methodology and conditions for the use of this
area,which it's divided into two parts:
(A) The first part is a maintenance/repair access area easement contiguous and
parallel to the seaward edge of the seawall/riprap. This area shall include the
seawall/riprap in it's entirely and shall not encroach on the area designated for
accessory shoreline structures and plantings.The purpose of this area is to enable
the KLOR's Association to maintain, repair and replace any damaged riprap as
necessary. This area shall be free of any structures such as Gazebos or Open
Shelters, and/or encumbrance temporary or otherwise, except for the decks
and/or docks structure over the riprap and its ground surface.
Nothing herein shall be deemed to prohibit the construction of any decks and/or
dock structures over the rip rap (without any penetrations into the rip rap for
support or otherwise.
Construction all decks and/or docks structures must comply with all the
requirements of the AI-IJ.
(6) The second part of the area to be used is the area designated for accessory shoreline
structures and plantings.This area is defined by a measurement of up to sixteen
(16) feet in a seaward direction from the seaward line of the building envelope,
and is part of the respective Unit.
NOTE:
All units are required to provide an additional 2'-0"(7'-0"total)front setback at ground
floor only for utilities easement.
1. Any and all Unit Owners who comply with these guidelines shall be granted the
privilege to use this shoreline area located within the Unit boundaries to erect,
build or cause to be constructed an accessory shoreline structure solely within this
sixteen(16)foot wide designated area contiguous to the applicable unit's seaward
boundary line. The accessory shoreline structures shall be limited to those
permitted by the AHJ and shall comply with the additional criteria stated below.
In addition, landscaping,fences and movable furniture shall be permitted subject
to the requirements stated below.
A. Gazebos and open shelters shall be constructed of durable water-resistant
materials such as painted pressure treated wood or pre-finshed I'VC or other
materials.
Note: The design of the Gazebos/open shelters must be submitted and approved by
the ARB.
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B. Decks on grade shall be as permitted by the AHJ,and shall comply with all
applicable codes and requirements. All decks shall be constructed of permeable
materials to be approved by the ARB. All decks shall allow for infiltration of storm
water run-off. Decks shall be subject to a side setback requirement of two(2) feet on
each side.Decks shall be natural wood grain color or painted light gray.
C. Benches are permitted provided they are constructed of a water-resistant
material and may be permanently attached to the ground or deck.
D. Beach type umbrellas are permitted provided they are temporary in nature and
are used during daylight hours only.
E. The total maximum coverage of any structure or deck shall not exceed a total of
sixty(60)percent of the upland area of the shoreline setback and shall
not be less than two(2)feet from the neighboring Unit boundary line.
F. Low(thirty(30)inches maximum height)open-type picket or horizontal slats
fences are permitted, provided they have one point of connection with the
easement area and follow the previously established easement and side setback
requirements. Picket or horizontal slats fences shall be painted white.
G. Low planting shrubs(maximum three(3)feet in height when mature)of a native
salt-tolerant species may be planted at the side setback area between Units. In
addition a maximum of three(3)coconut palms may be planted in this
designated accessory structure construction area provided the planting of these
palms does not interfere with the ocean view corridors available between
principal structures from the street to the ocean. A landscaping plan shall be
submitted for approval by the KLOR's ARB.
H. Lawn furniture shall be permitted to be used in this area provided it is temporary
in nature and not attached to the existing ground or deck.
7. Any proposed construction and landscaping seaward of the respective Unit
seaward building envelope line shall be initially reviewed and approved by the
KLOR's ARB and subsequently be reviewed and approved for permitting by the
AHJ including but not limited to Monroe County,the State of Florida and the
Federal government as applicable.The AFIJ regulations may be applied in a more
restrictive manner than those proposed above and no representations are made
concerning approval by the AHJ.
2.Temporary ladders are permitted for access to area seaward of the actress
8/15/2011 Rev 12/06/11 Rev 1/26/17 Rev 5/20/19 Rev 12/14/2019
F
Design Guidelines&Use Rules&Reguleauns
Page29
area, provided the owner and user of same provides a"hold harmless" agreement
to the KLOR EOD indemnifying the Association from any possible claims arising from
any injuries that may occur through their use.
3.The following structures shall not be permitted within the shoreline setback,
maintenance/repair easement,designated accessory structure construction area or
seaward from the MHWL:
a.Screen enclosures
b. Fish cleaning stations
4. Unit Owners granted the privilege rights of this use shall be responsible for the
payment of their proportionate share of the property taxes,in addition to the 1/285
proportionate share promulgated by the yearly budget which is customarily
referred to as the monthly maintenance assessment.The exact amount to be paid
will be determined once the exact area to be used by each shareholder unit owner
is established by Survey.
Units 279 through 285:
The use of the area defined by the buffer setback be granted to the unit owners that have
units contiguous to the buffer area abutting this setback provided the following
conditions are met:
1. The area is defined by measuring twenty (20) feet from the property line to the
contiguous unit boundary.
2. The area is part of the required landscaped buffer area, and as such permanent
structures are prohibited.
3. This area shall be maintained free of debris,trash or any other material detrimental
to the visual enjoyment of the space.
4. There shall be no fences erected in this area.
5. Setbacks shall be five feet zero inches (5'-0") from all Unit boundary lines to the
building envelope.
6. The Owner of each respective Unit shall be responsible for the maintenance and
upkeep of the Limited Common Element area appurtenant to such Unit.
NOTE:
All units are required to provide an additional 2'-0"(7'-0"total)front setback at ground
floor only for utilities easement.
8/15/2011 Rev 12/06/it Rev 1/26/17 Rev 5/20/19 Rev 12/14/2019
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