Item G9 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 20, 2014 Division: Growth Management
Bulk Item: Yes X No Staff Contact Person/Phone #: Christine Hurley 289-2517
AGENDA ITEM WORDING:
Approval of the release of a Lot Aggregation Restrictive Covenant recorded in the Monroe County
Public Records Document #1213896, Book #1669, Page #520 on January 4, 2001, by Loquat
Management Co. for Lots 2 and 3, Block 7 Ocean Isle Estates, Key Largo, approximately Mile Marker
106.
ITEM BACKGROUND:
On October 10, 1999, Building Permit Application 99302882 was submitted for employee housing for
Lots 2 and 3, Block 7, Ocean Isle Estates, Key Largo, Real Estate Numbers 00539680.000000 and
00539690.000000. The total property size is approximately 14,500 square feet and is located in the
Mixed Use Land Use District (MU). The dwelling unit density requirement for MU is: one dwelling
unit per acre (43,560 square feet) or comply with maximum net density requirements by transferring in
development rights (TDR's) or utilizing affordable housing for a density bonus. On July 10, 2000, the
Planning Department reviewed the Building Application and approved the Building Permit
Application 99302882 for Employee Housing (Affordable Housing). On July 13, 2000, a Market Rate
ROGO Application for the properties was submitted and accepted by the Planning Department which
included a Lot Aggregation Restrictive Covenant. The accepted ROGO Application was scored as a
Market Rate application which included Lot Aggregation points for the reduction of allocated density.
The Planning Commission (PC) approved an allocation award which required the approval of the
restrictive covenant by the BOCC. The Lot Aggregation Restrictive Covenant was approved by the
BOCC. The Market Rate Allocation Award was issued by the Planning Department after the PC and
BOCC approval. Subsequently, the property owner recorded the Lot Aggregation Restrictive Covenant
in the Monroe County Public Records and did not pick-up the Building Permit within the sixty-day
time frame. Thus, the market rate allocation award expired.
Based on the review of records the market rate allocation award was approved in error because the
ROGO application should have been for affordable housing not market rate which included a lot
aggregation. The lot aggregation restrictive covenant is/was intended to reduce density through
aggregation of vacant, legally platted, buildable lots, which are zoned IS, IS-D, URM, URM-L, or
CFV. The subject property is/was zoned MU and did/does not meet the lot aggregation criteria because
of the zoning designation. Additionally, the restriction did/does not reduce the allocated density. The
ROGO evaluation criteria did/does not allow lot aggregation of lots in the MU district. Furthermore, a
single-family residence cannot be developed on property that is not compliant with the density and
code requirements. The lot aggregation was approved in error by Monroe County and recorded by the
owner in error.
If the Lot Aggregation Restrictive Covenant is released, the property could be developed as follows:
- One (1) Market Rate Unit could be built on each parcel with the transfer of 0.83 TDRs to each
parcel—max of two (2)units.
- Two (2) Affordable Dwelling Units could be built on each parcel max of four(4) units.
Allocated Max Development Potential under
Type of Use Allocated Density Approx. Total Upland Development Allocated Density standard
Potential (without TDRs)
Market Rate 1 du/acre 0.17 acres(7,350 sf) 0.17du 0.17du=zero(0)units
(round down to zero)
Affordable 1 du/acre 0.17 acres(7,350 sf) 0.17du 0.17du=zero(0)units
(round down to zero)
Max Net Density, Approx. Total Upland Max Net Max Development Potential under
Type of Use Buildable area Buildable Area Development Max Net Density standard
Potential (with TDRs for market rate)
0.136 acres 1.63du 1 market rate unit on each parcel with
Market Rate 12du/buildable area 10.1'7 acres x 80%] (round down to the transfer of 0.83 TDRs
ldu) [ldu—0.17du allocated=0.83TDRs]
Max Net Density/ Approx. Total Upland Max Net Max Development Potential under
Type of Use Buildable area Buildable Area Development Max Net Density standard
Potential (for affordable housing)
0.136 acres 2.44du 2 AFH units on each parcel
Affordable 18du/buildable area [0.17 acres x 80%] (roundddlown to [affordable does not require TDRs]
PREVIOUS RELEVANT BOCC ACTION:
On June 23, 1992, the BOCC adopted Ordinance No. 016-1992 (ROGO). On December 14, 2000, the
BOCC approved a Lot Aggregation Restrictive Covenant on Lots 2 and 3, Block 7, Ocean Isle Estates,
Key Largo. On March 15, 2006, the BOCC adopted Ordinance #009-2006 (Revised Residential Rate
of Growth—Tier Ordinance).
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval subject to the following conditions:
1. Appropriate documents approved by the County Attorney be filed in the Monroe County Public
Records (land records) to extinguish any and all development rights on Lot 2, Block 7, Ocean
Isle Estates, Key Largo, according to the plat thereof recorded at Plat Book 5, Page 14 of the
public records of Monroe County, Florida (Lot 2) other than for accessory uses to Lot 1, Block
7, Ocean Isle Estates, Key Largo, according to the plat thereof recorded at Plat Book 5, Page
14 of the public records of Monroe County, Florida, the lot adjacent to Lot 2.
2. Appropriate documents approved by the County Attorney be filed in the Monroe County Public
Records (land records) extinguishing any residential development rights other than for
affordable housing on Lot 3, Block 7, Ocean Isle Estates, Key Largo, according to the plat
thereof recorded at Plat Book 5, Page 14 of the public records of Monroe County, Florida.
3. The approved documents shall be filed by the County at the property owners' expense.
TOTAL COST: INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes— No AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required_
DISPOSITION: AGENDA ITEM#
Prepared by and return to:
Susan Grimsley
Office of the County Attorney
1111 12`h Street
Suite 408
Key West,FL 33040
RE#00539680.000000
00539690.000000
RELEASE OF RESTRICTIVE COVENANT FOR LOT AGGREGATION
Whereas, Loquat Management Co. filed a lot aggregation restrictive covenant on January 4, 2001, in the
Monroe County Public Records Document#1213896, Book#1669, Page#520 on the following property
in favor of Monroe County, Florida to restrict development to one dwelling unit on the following
property:
Lots 2 and 3, Block 7, Ocean Isle Estates, Key Largo, according to the plat thereof
recorded at Plat Book 5,Page 14 of the public records of Monroe County,Florida
(Property)
and
Whereas, a Rate of Growth Ordinance (ROGO) allocation was approved for the property in
Quarter 4, Year 8 , September 6,2000;
Whereas,the property owner did not pick-up the building permit and the allocation award expired; and
Whereas,no development has commenced on the Property; and
Whereas, the lot aggregation restrictive covenant was intended to reduce density to one unit on two lots;
and
Whereas, the owners of the Property have requested that the lot aggregation be released by Monroe
County;
Now,therefore, on this 20th day of August, 2014,Monroe County, by and through its Board of County
Commissioners, hereby releases the above legally described property from the lot aggregation restrictive
covenant recorded in OR Book #1669, Page #520 of the Official Records of Monroe County with the
following conditions:
1. Appropriate documents approved by the County Attorney be filed in the Monroe County Public
Records(land records)to extinguish any,and all development rights on Lot 2,Block 7, Ocean Isle
Estates, Key Largo, according to the plat thereof recorded at Plat Book 5, Page 14 of the public
records of Monroe County, Florida(Lot 2)other than for accessory uses to Lot 1, Block 7, Ocean
Isle Estates, Key Largo, according to the plat thereof recorded at Plat Book 5, Page 14 of the
public records of Monroe County, Florida,the lot adjacent to Lot 2.
2. Appropriate documents approved by the County Attorney be filed in the Monroe County Public
Records (land records) extinguishing any residential development rights other than for affordable
Release v.4 by BOCC August 20,2014
housing on Lot 3, Block 7, Ocean Isle Estates, Key Largo, according to the plat thereof recorded
at Plat Book 5,Page 14 of the public records of Monroe County,Florida.
3. The approved documents shall be filed by the County at the property owners' expense.
ATTEST: BOARD OF COUNTY COMMISSIONERS
AMY HEAVILIN, CLERK MONROE COUNTY
Deputy Clerk Mayor Sylvia Murphy
Approved for Signature by Mayor August 20, 2014
Susan Grimsley,Ass' nt County At ney
APPROVED FOR RECORDING IN THE MONROE COUNTY PUBLIC RECORDS
BY COUNTY ATTORNEY AFTER ABOVE CONDITIONS ARE MET
Assistant County Attorney
Date:
Release v.4 by BOCC August 20,2014
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VEPNIS &
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ATTORNEYS AT LAW - EST. 1970
81990 OVERSEAS HWY.31D FLR. ISLAMORADA, FLORIDA 33036 - TELEPHONE: 305-664-4675 FACSIMILE: 305-664-5414
June 27,2014
VIA U.S. Mail and Email: Stankiewicz-Tiffanynu monroecounty-fl.Sov
Tiffany Stankiewicz, Development Administrator
Monroe County
1100 Simonton Street
Key West, FL 33040
RE: Loquat Management Co.
We represent Loquat Management Co., owners of Lots 1-4, Block 7 of Ocean Isle Estates,
PB5-14, Key Largo. We are requesting that the Lot Aggregation Restrictive Covenant, Bk#1669,
Pg#520-1, attached as Exhibit A, be removed from Lots 2 and 3.
The Restrictive Covenant pertains to Lots 2 and 3, originally executed on July 131h, 2000.
The covenant assigned additional points in the Permit Allocation System for building permit #99-3-
2882 (99302882), attached as Exhibit B. Exhibit B indicates the permit was voided and associated
points remain unused. The subsequent owners of Lots 1-7, Loquat Management, have discovered the
restrictive covenant while attempting to convey Lots 1-2 to a purchaser (RE# 00539680 and
00539690). While Lots 2 and 3 were never unified, the restriction operates as a potential exception
or cloud on title for Lots 2 and 3 unless they were conveyed as a single unit.
As a result of the unused building permit and potential issues with conveyance of the
property, the current owners would request removal of the Restrictive Covenant. If there is further
information required, please do not hesitate to contact us.
Sincerely
Dirk M. Smits, B.C.S.
For the Firm
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Encls.
CLEARWATER,FL ISLAMORADA,FL NORTH PALM BEACH,FL MOBILE,AL
DELAND,FL JACKSONVILLE,FL PENSACOLA,FL ATLANTA,GA
FORT MYERS,FL KEY WEST,FL TAMPA,FL GULFPORT,MS
HOLLYWOOD,FL MIAMI,FL BIRMINGHAM,AL CHARLOTTE,NC
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LOT AGGREGATION RESTRICTIVE COVENANT o
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t WHEREAS, Loquat Management Co, the undersigned is the sole owner of the
following described real property located in Monroe County, Florida, described
as follows:
Lots: 2 and 3 Block: T
Subdivision: Ocean Isle Estates
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Key: Largo Pia: 5-14 a
Real Estate Numbers: 00539680.000000 and 00539690.000000; and OA
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2. WHEREAS, this Lot Aggregation Restrictive Covenant that restricts the use of OD
the legally described property in order to receive a building permit; and N ko
3. WHEREAS, the above described parcels were assigned additional points in the
Permit Allocation System for building permit#99-3-2882 for the voluntary
reduction of density through aggregation of vacant, legally platted, buildable lots;
and
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4. NOW, THEREFORE, the undersigned agree as follows:
• The above described parcels shall have its density reduced from two dwelling v
units to one dwelling unit in consideration of a building permit to build a <
single-family residence; and
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• The restrictions herein shall be binding upon the representatives, heirs,
assigns and successors in title of the undersigned; it being the intention of the m +
undersigned by execution and recording of this document that this restriction
shall run with the land and shall be forever binding upon the successors in m
title; and M
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• This covenant is intended to benefit and run in favor of the County of Monroe;
and
Lot AQprspadon RmVidNs Covenant Paps 1 of 2
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• In the event of any breach or violation of the covenant contained herein, the
said County may enforce the covenant by injunction or such other legal w „
method, as the County deems appropriate. s m
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EXECUTED ON THIS 3 day of 2000 W
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OWNER OR OWNERS
WITNESSES:
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(Print/Type Name) --
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(Signature) 7 Aawney's Office
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(Print/Type Name)
Sworn before me this day of t , 2000 A.D.
C�IV-,
Notary Public (Print ame)
Notary Public (Sig e)
My Commission Expires:
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MONROE COUNTY
Lot AgpngWon RoWetive Covenant Pqp 2 iL OFFICIAL RECORDS
Permit Information-MONROE COUNTY '* �/E
file Edit Actions Details Links favorites Help'
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Permit Information Location Information
Permit Number" 99302882 Address* BK 7 LT 2 OCEAN ISLE EST
Status" City/State/Zlp KEYWEST FL 33040
Master Number C Notes 1 oc rr;aaaarw+f3"
HardCopy Ctrl-Alt-P
Project
Apply Date" 11/19/1999 Operator brandlem
Owner Entity Information
Permit Issue Date Operator
Certificate Issued Operators Name SLATE SPENCER C`
Certificate Type Use Default ,/
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Certificate Number Address Home-
City/State(Zip KEY LARGO FL 33037
Permit` Property Zoning Applicant Contractor' Defined Fields
Permit Details Purpose/Special Conditions
Permit Type 07-SINGLE FAMILY RES-CONVENTIONAL 55 GARDEN COVE DRIVE
Usage Class" RES-RESIDENTIAL SINGLE FAMILY RESIDENCE
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NOTICE OF COMMENCEMENT REQUIRED.
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I Applied Value" 0000 . .kMMM MMp MMN�M kA iMM��AM1YYMMMM�4Y 4M YiM MM MM.... ...
SQUARE FT. 5200 APPROVAL OF S,200 SQ.FT. SINGLE FAMILY DWELLING
NO COMMERCIAL OR TRANSIENT RENTAL USES AUTHORIZE
Calculated Value 0 A PARKING PERMITTED IN REQUIRED SETBACKS. PLANNING
US C-404 Type 101-NEW:SFR.DETACHED a` INSPECTION REQUIRED.
Permit Form' PERMIT-STANDARD PERMIT LONG FORM 5200 sQ FT STRUCTURE WITH 7901 SQ FT ROOF AREA s
SQ FT BALCONY/STAIRS AS PER APPROVED PLAN. HRS
Ownership 1-Private APPROVAL/PERMIT #T-5-01.
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You have chosen to bypass the holds for this permit/parcel
Enter permit status
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