Item O7 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 10, 2014 Division: Growth Management
Bulk Item: Yes No X Staff Contact Person/Phone#: Christine Hurley 289-2517
Joseph Haberman 289-2532
AGENDA ITEM WORDING: A public hearing to approve amendments to a Development Agreement between Monroe
County, Florida; Surnmerland Palms Investors,, LLC, Coco Palms Developers, LLC, Suncrest Landing, LLC, Singh
Investors,LLC, and Oceanside Investors. (Quasi-judicial proceeding)
ITEM BACKGROUND:
In 2013,Oceanside Investors applied for the existing development agreement.The agreement was approved by the BOCC
at a public hearing on December 11, 2013, and recorded on December 19,2013.
The agreement involves four properties:
0 Oceanside Marina, 5950 and 5970 Peninsular Avenue,Stock Island,Mile Marker 5 (Receiver Site)
a 24930 Overseas Highway, Surnmerland Key,Mile Marker 25 (Sender Site)
0 21585 Old State Road 4A,Cudjoe Key,Mile Marker 22(Sender Site)
0 5176 Suncrest Road, Stock Island, Mile Marker 5 (Sender Site)
The existing agreement allows the transfer of ROGO exemptions —known as TREs - from sender sites on Surnmerland
Key (22 market-rate permanent TREs), CudJoe Key (17 markct-rate permanent TREs) and Stock Island (7 market-rate
permanent TREs) to a receiver site on Stock Island, in accordance with MCC §130-161.1. On the sender sites, the
residential dwelling units in which the transferred market-rate permanent TREs are derived shall be converted to, or
replaced with, an equivalent amount of deed-restricted affordable housing.
The existing agreement also involves the redevelopment of the receiver site, known as Oceanside Marina, for the addition
of up to 78 new, market-rate residential dwelling units,which may be used as,vacation rentals, up to 5 new hotel rooms, a
new restaurant with up to 150 seats, and other improvements related to the existing, partially-condominiumized marina
and accessory development. A boat barn (under condominium ownership), 22 existing, market-rate permanent units
(under condominium ownership), marina wet slips (under condominium ownership) and ancillary/accessory buildings
would be maintained. An existing boat bam/light industrial building would be demolished. Not including accessory
structures related to the residential uses, the nonresidential floor area would not exceed 40,000 square feet. Dockage
owned by the developer would include 8 new slips, for a total of approximately 16 slips, of which at least 20% (3 slips)
shall be reserved for commercial fishing vessels.
The following amendments are proposed to the existing agreement:
• Include an adjacent property to the premises associated with the Oceanside Marina property (Block 46, Lots 30, 31
and 1/2 Lot 32, Block 60, McDonald's Plat, having real estate #'s 00126210.000000, 00126220.000000 and
00126230.000000). The adjacent property is commonly known as the Hickory House property and Oceanside
Investors,LLC has entered into a purchase and sale agreement with Monroe County.
• Include an abandoned portion of Peninsular Avenue right-of-way to the premises associated with the Oceanside
Marina property(a portion lying between Block 46 and Block 60). The abandonment was approved by the BOCC on
June 30,2014,as memorialized in Resolution#116-2014.
• Amend the acreage of the Oceanside Marina property to reflect the aforementioned adjacent property and abandoned
road.
• Amend the total number of hotel rooms allowed at the Oceanside Marina property from up to 5 hotel rooms to up to
17 hotel rooms.
• Amend the conceptual site plan approved by the existing agreement to a) include the aforementioned adjacent
property, abandoned road and development thereon the added land area; b) to modify the hotel buildings to
accommodate 17 hotel rooms and c) extend the approved 'boardwalk' along the western shoreline of the added
adjacent property and abandoned road.
• Allow the transfer of up to 12 vested transient residential dwelling units from Hawk's Cay on Duck Key (to fulfill
ROGO requirements associated with up to 12 of the proposed 17 hotel rooms).
• Replace Suncrest Landing, LLC, as a party to the agreement with its predecessor in interest, Suncrest Investors,LLC.
• Replace Singh Investors,LLC, as party to the agreement with its predecessor in interest, Suncrest Investors,LLC.
On August 26, 2014, at a public meeting, the amended agreement was reviewed by the DRC. Staff and the DRC
recommended approval. On November 20, 2014, at a public hearing, the amended agreement was reviewed by the
Planning Commission. The Planning Commission recommended approval. The public hearing by the Planning
Commission served as the first of two required public hearings. The public hearing by the BOCC will serve as the second
required public hearing.
PREVIOUS RELEVANT BOCC ACTION:
The existing agreement was approved by the BOCC at a public hearing on December 11, 2013, and recorded on
December 19,2013 (Nile#2013-069).
In 2014, Oceanside Investors applied for an abandonment of a segment of Peninsular Avenue located north of the property
(lying between Block 46 and Block 60). The abandonment was approved by the BOCC on June 30, 2014, as
memorialized in Resolution#116-2014(File 42014-054).
In 2014, Oceanside Investors entered into a purchase and sales agreement with Monroe County to purchase the Hickory
House property located north of the property.
In 2014, Oceanside Investors applied for an abandonment of a second segment of Peninsular Avenue located north of the
property (lying between Block 46 and Block 60). The application is currently being reviewed and processed. It will be
decided upon by the BOCC on December 10,2014.
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: Approval.
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
APROVED BY: County Atty x\,' OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM#
MONROE COUNTY, FLORIDA
RESOLUTION NO. -2014
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING AN
AMENDMENT TO THE DEVELOPMENT AGREEMENT
BETWEEN AND AMONG MONROE COUNTY;
SUMMERLAND PALMS INVESTORS, LLC; COCO PALMS
DEVELOPERS, LLC; SUNCREST INVESTORS, LLC
(SUCCESSOR IN INTEREST TO SUNCREST LANDING, LLC
AND SINGH INVESTORS, LLC); AND OCEANSIDE
INVESTORS, LLC. THE DEVELOPMENT AGREEMENT
BEING AMENDED WAS APPROVED BY THE BOARD OF
COUNTY COMMISSIONERS AT A PUBLIC HEARING ON
DECEMBER 11, 2013, AND RECORDED IN THE OFFICIAL
RECORDS OF MONROE COUNTY ON DECEMBER 19, 2013.
WHEREAS, at a public hearing held on December 10, 2014, the Monroe County Board
of County Commissioners conducted a public hearing to review and consider a request filed by
Attorney Barton W. Smith, on behalf of Summerland Palms Investors, LLC; Coco Palms
Developers, LLC; Suncrest Investors, LLC; and Oceanside Investors, LLC for an amendment to
a Development Agreement (Agreement) in accordance with Monroe County Code §I10-132,
§110-133 and §130-161.1 and Florida Statutes §163.3220 et. seq., the "Florida Local
Government Development Agreement Act"; and
WHEREAS, the existing development agreement was approved by the Board of County
Commissioners at a public hearing on December 11, 2013, and recorded in the official records of
Monroe County on December 19, 2013;
WHEREAS, the existing development agreement allows the transfer of 46 Residential
Rate of Growth Ordinance (ROGO) exemptions — known as Transferable ROGO Exemptions
(TRE's) - from sender sites at 24930 Overseas Highway owned by Summerland Palms Investors,
LLC ("Summerland Site") (22 market-rate permanent TRE's); 21585 Old State Road 4A owned
by Coco Palms Developers, LLC ("Cudjoe Site")(17 market-rate permanent TRE's); and 5176
Suncrest Road owned by Suncrest Landing, LLC ("Stock Island Site") (7 market-rate permanent
TRE's) to a receiver site at 5950 and 5970 Peninsular Avenue owned by Oceanside Investors,
LLC ("Oceanside"), in accordance with §130-161.1 of the Monroe County Code. On the sender
sites, the residential dwelling units from which the transferred market-rate TRE's are derived
shall be converted to, or replaced with, deed-restricted affordable housing; and
Page 1 of 5
WHEREAS, the Agreement involves the redevelopment of the receiver site located on
Peninsular Avenue, Stock Island, Florida. The site has historically been known as Key West
Oceanside Marina(Oceanside); and
WHEREAS,the following amendments are proposed to the existing agreement:
1. Include an adjacent property to the premises associated with the Oceanside Marina
property (Block 46, Lots 30, 31 and 1/2 Lot 32, Block 60, McDonald's Plat, having
real estate #'s 00126210.000000, 00126220.000000 and 00126230.000000). The
adjacent property is commonly known as the Hickory House property and Oceanside
Investors, LLC has entered into a purchase and sale agreement with Monroe County;
2. Include an abandoned portion of Peninsular Avenue right-of-way to the premises
associated with the Oceanside Marina property(a portion lying between Block 46 and
Block 60). The abandonment was approved by the BOCC on June 30, 2014, as
memorialized in Resolution#116-2014;
3. Amend the acreage of the Oceanside Marina property to reflect the aforementioned
adjacent property and abandoned road;
4. Amend the total number of hotel rooms allowed at the Oceanside Marina property
from up to 5 hotel rooms to up to 17 hotel rooms;
5. Amend the conceptual site plan approved by the existing agreement to a) include the
aforementioned adjacent property, abandoned road and development thereon the
added land area; b) to modify the hotel buildings to accommodate 17 hotel rooms and
c) extend the approved `boardwalk' along the western shoreline of the added adjacent
property and abandoned road;
6. Allow the transfer of up to 12 vested transient residential dwelling units from Hawk's
Cay on Duck Key (to fulfill ROGO requirements associated with up to 12 of the
proposed 17 hotel rooms);
7. Replace Suncrest Landing, LLC, as a party to the agreement with its predecessor in
interest, Suncrest Investors, LLC;
8. Replace Singh Investors, LLC, as party to the agreement with its predecessor in
interest, Suncrest Investors, LLC; and
WHEREAS, Stock Island the receiver site, located at 5948, 5950 and 5970 Peninsular
Avenue, Stock Island, is legally described as Block 46, Lots 30, 31 and %2 Lot 32, Block 60,
portions of Lots 1, 2 and 3, Block 61, portions of Lots 1, 2 and 3, the abandoned portion of
Peninsular Avenue lying between Block 46 and Block 60, the abandoned portion of Maloney
Avenue lying between Blocks 60 and 61, McDonald's Plat, also known as Maloney Subdivision
(Plat Book 1, Page 55), having real estate #00126210.000000, #00126220.000000,
#00126230.000000, 400127420.000000 and#00127420.000100; and
WHEREAS, the Summerland Key sender site, located at 24930 Overseas Highway,
Summerland Key, is legally described as Lot 55 and a portion of Lot 54, Summerland Yacht
Harbor (Plat Book 2, Page 142), having real estate 400194741.000100, #00194741.000200,
#00194741.000300, #00194741.000400, #00194741.000500, 400194741.000600,
#00194741.000700, #00194741.000800, #00194741.000900, #00194741.001000,
#00194741.001100, #00194741.001200, 400194741.001300, #00194741.001400,
Page 2 of 5
#00194741.001500, #00194741.001600, #00194741.001700, #00194741.001800,
#00194741.001900, #00194741.002000�, #00194741.002100 and#00194741,002200; and
WHEREAS, the Cudjoe Key sender site, located at 21585 Old State Road 4A, Cudjoe
Key, is legally described as Lot 30, Sacarma (Plat Book 2, Page 48), having real estate
#00174960.000000; and
WHEREAS,the Stock Island sender site, located at 5176 Sunerest Road, Stock Island, is
legally described as Lots 27 and 28, Sun Krest (Plat Book 1, Page 107), having real estate
#00132680.000000; and
WHEREAS, the development agreement is required as part of an affordable housing
incentive program as set forth in §130-161.1 of the Monroe County Code; and
WHEREAS, the intent of the program outlined in §130-161.1 is to establish an
appropriate incentive for mobile home park owners to maintain mobile home park sites, mobile
home developments in Urban Residential Mobile Home (URM) and. Urban Residential Mobile
Home Limited (URM-L) districts, and contiguous parcels under common ownership containing
mobile homes where any of the foregoing is presently serving as a primary source of affordable
housing in Monroe County (any of the foregoing being an "eligible sender site") by providing an
alternative development strategy to straightforward market-rate redevelopment; and
WHEREAS, the program outlined in §130-161.1 allows the transfer of market-rate
ROGO exemptions associated with lawfully established dwelling units now existing at an
eligible sender site to be transferred to another site or sites in exchange for maintaining an equal
or greater number of deed-restricted affordable dwelling units within Monroe County; and
WHEREAS, the Monroe County Planning Commission held a public hearing at its
meeting on November 19, 2014,which was the first of two required public hearings; and
WHEREAS, based upon the information and documentation submitted, the Board of
County Commissioners makes the following Findings of Fact:
1. The receiver site, commonly known as Oceanside Marina, 5950 and 5970 Peninsular
Avenue, Stock Island, is located within a Mixed Use (MU) Land Use (Zoning)
District. Further, it is designated within a Mixed Use A Commercial (MC) category
on the Future Land Use Map (FLUM) and within a Tier III district on the Tier
Overlay District Map;
2. The Summerland sender site, 24930 Overseas Highway, Summerland Key, is located
within an Urban Residential Mobile Home (URM) Land Use (Zoning) District.
Further, it is designated within a Residential High (RH) category on the Future Land
Use Map (FLUM) and within a Tier III district on the Tier Overlay District Map;
3, The Cudjoe sender site, 21585 Old State Road 4A, Cudjoe Key, is located partially
within Native Area (NA), Urban Residential Mobile Home (URM) and Suburban
Page 3 of 5
Commercial (SC) Land Use (Zoning) Districts. Further, it is designated partially
within Residential Conservation (RC), Residential High (RH) and Mixed Use /
Commercial (MC) categories on the Future Land Use Map (FLUM) and within a Tier
III district on the Tier Overlay District Map;
4. The Stock Island sender site, 5176 Suncrest Road, Stock Island, is located partially
within.Mixed Use (MU) and Native Area (NA) Land Use (Zoning) Districts. Further,
it is designated partially within Mixed Use / Commercial (MC) and Residential
Conservation(RC) categories on the Future Land Use Map (FLUM) and within Tier I
or III districts on the Tier Overlay District Map (affordable housing would be located
entirely within the Tier III portion of the site);
5. On July 30, 2013, the existing development agreement was reviewed by the
Development Review Committee;
6. On November 15, 2013, the Monroe County Planning Commission held a public
hearing, which was the first of two required public hearings, and recommended
approval to the Board of County Commissioners of the existing development
agreement, as memorialized in Planning Commission Resolution#P29-13;
7. On August 26, 2014, the amended development agreement was reviewed by the
Development Review Committee;
8. On November 19, 2014, the Monroe County Planning Commission held a public
hearing and recommended approval to the Board of County Commissioners of the
amended development agreement, as memorialized in Planning Commission
Resolution#P40-14;
9. 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; and
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 Lower Keys (MM 14.2
—29.0) Livable CommuniKeys Plan;
Page 4 of 5
4. The request is consistent with the Master Plan for the Future Development of Stock
Island and Key Haven, also known as the Stock Island/Key Haven CommuniKeys
Plan;
5. The request is consistent with the Principles for Guiding Development in the Florida
Keys Area of Critical State Concern;
6. The development agreement is required as part of an affordable housing incentive
program as set forth in §130-161.1 of the Monroe County Code and furthers the
provision of affordable housing in Monroe County;
7. The Agreement, among other things, is intended to and shall constitute a development
agreement among the Parties pursuant to the Florida Local Government Development
Agreement Act, Section 163.3223, et seq., Florida Statutes.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the preceding Findings of
Fact and Conclusions of Law support its decision to APPROVE the First Amendment to the
Development Agreement.
PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS of
Monroe County,Florida, at a regular meeting held on the 10 th of December, 2014.
Mayor Danny L. Kolhage
Mayor pro tem Heather Carruthers
Commissioner Sylvia Murphy
Commissioner George Neugent
Commissioner David Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
Mayor Danny L. Kolhage
(SEAL)
ATTEST: AMY HEAVILIN, CLERK
MONROE COUNTY ATTC,%-;-
Deputy Clerk 'TQ FORM'
STEVEN T. WILLIAMS
ASSISTANT 0 ' TY ATTORNF
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Prepared by and return to: Doeq 2968963 02/14/2024 3:28PR
Gregory S.Oropeza,Esq. PMONROEnCOUNTY IAMY HEpVILIMords of
Attorney at Law
Smith I Oropeza,P.L.
20t4 3:ZSPM
DEED
D
138-142 Simonton Street D S 250.00
DEED OC STR17P CL: Kr'ys $ ,
Key West, FL 33040
305-296-7227
File Number: 2013-152 Doett 1968963
�
Will Call No.: �rA5 ,00a BkN 2672 P9p 849
Parcel Identification No.00132680-000000
Space Above This line For Reebrding Data]
Warranty Deed
(STATUTORY FORM-SECTION 689.02,F.S.)
This Indenture made this 14th day of February, 2014 between Suncrest Landing, LLC, a Florida limited liability
company whose post office address is P.O. Box 6002, Key West, FL 33040 of the County of Monroe, State of Florida,
grantor*, and Suncrest Investors, LLC,a Florida limited liability company whose post office address is 1010 Kennedy
Drive,Suite 302,Key West,FL 33040 of the County of Monroe,State of Florida,grantee*,
Witnesseth that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other
good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged,
has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land,
situate,lying and being in Monroe County, Florida,to-wit:
ON THE ISLAND OF STOCK ISLAND AND BEING LOTS NUMBERED 27 AND 28 OF SUN
KREST SUBDIVISION, A SUBDIVISION OF A PART OF GOVERNMENT LOT 1, SECTION 34,
TOWNSHIP 67 SOUTH, RANGE 25 EAST, ACCORDING TO PLAT THEREOF RECORDED 1N
PLAT BOOK 1, PAGE 107, PUBLIC RECORDS OF MONROE COUNTY,
FLORIDA. ANDALSO A PARCEL OF SUBMERGED LAND IN SECTION 35,TOWNSHIP 67
SOUTH, RANGE 25 EAST, STOCK ISLAND, MONROE COUNTY, FLORIDA, LYING
SOUTHERLY OF AND ADJACENT TO LOTS 27 AND 28 OF SUN KREST SUBDIVISION, AS
RECORDED IN PLAT BOOK 1, PAGE 107, PUBLIC RECORDS OF MONROE COUNTY,
FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SW
CORNER OF SAID LOT 27, SAID SW CORNER BEING AT THE MEAN HIGH WATER MARK
OF COW KEY CHANNEL; THENCE NORTHEASTERLY ALONG SAID MEAN HIGH WATER
MARK TO THE SE CORNER OF SAID LOT 28 OF SUN KREST SUBDIVISION; THENCE
SOUTHEASTERLY ALONG THE EXTENSION OF THE EASTERLY LINE OF SAID LOT 28,
221.0 FEET; THENCE WITH A DEFLECTED ANGLE TO THE RIGHT OF 1010 30' RUN
WESTERLY 102.1 FEET, MORE OR LESS, TO THE INTERSECTION WITH
SOUTHEASTERLY EXTENSION OF THE WESTERLY LINE OF SAID LOT 27; THENCE
NORTHWESTERLY ALONG SAID SOUTHEASTERLY EXTENSION 210.0 FEET, MORE OR
LESS,TO THE POINT OF BEGINNING.
and said grantor does hereby fully warrant the title to said land,and will defend the same against lawful claims of all persons
whomsoever.
*"Grantor"and"Grantee"are used for singular or plural,as context requires.
In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written.
Exhibit 24 DoubleTimeo
DoeN 1968963
BkN 2671 PgN 850
Signed,sealed and delivered in our presence:
Suncrest Landing, C
j .4' 1 /1
Lc6�.t,�i---,. By:
Walter S. Holland ana in ember
�Q�
Witness Name: � ? Jr.,+ g g
Witness N
Witness Name:f.�r rr9rVjC/ Berta Holland,Managing Member
Witness Name: X
(Corporate Seal)
State of Florida
County of Monroe
The foregoing instrument was acknowledged before me this 14th day of February,2014 by Walter S.Holland,Jr.,Managing
Member and Roberta Holland, Managing Member of Suncrest Landing, LLC, on behalf of the corporation. They [j are
personally known to me or[X]have produced a driver's license as identification.
[Notary Seal] Notary Public
Printed Name:
GREGORY OROPEZA
= 1z k1Y COMMISSION A EE 005958 My Commission Expires:
EXPIRES:July 1,2014
bonded ThN Notary PubNc UnderWAets
Af�to
MONROE COUNTY
OFFICIAL RECORDS
R arranV Deed(Statutory Form)-Page 2 Exhibit 24 DoubleTlmee
DocN 1992171 07/29/2014 3:53PM
Filed d Recorded in official Records of
MONROE COUNTY AMY HEAYILIN
Petitioner: Oceanside Investors,LLC
DocN 1992171
BkN 2696 P90 895
MONROE COUNTY,FLORIDA
RESOLUTION NO. 116 -2014
A RESOLUTION OF THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS RENOUNCING AND
DISCLAIMING ANY RIGHT OF THE COUNTY AND
PUBLIC IN AND TO THAT PORTION OF THE RIGHT-
OF-WAY OF THE WESTERN PORTION OF
PENINSULAR AVENUE ON STOCK ISLAND THAT IS
BOUNDED ON THE NORTH BY LOTS 30, 31 & THE
WEST 1/2 OF LOT 32 IN BLOCK (SQUARE) 46 OF
MALONEY SUBDIVISION, BOUNDED ON THE WEST
BY A PLATTED SHORELINE OF MALONEY
SUBDIVISION, AND BOUNDED ON THE SOUTH BY
LOTS 1 AND 2 IN BLOCK (SQUARE) 60 OF MALONEY
SUBDIVISION, ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PLAT BOOK 1 PAGE 55 OF THE
PUBLIC RECORDS OF MONROE COUNTY,FLORIDA
WHEREAS, an application was filed by Oceanside Investors, LLC to abandon a portion
of Peninsular Avenue on Stock Island that is located between Blocks 46 and 60 (west of the west
1/2 of Lot 32 in Block 46) in Maloney Subdivision, as recorded in Plat Book 1, page 55 of the
Public Records of Monroe County,Florida; and
WHEREAS,the Board of County Commissioners of Monroe County, Florida, desires to
renounce and disclaim any right of the County and the public in and to the hereinafter right-of-
way; and
WHEREAS, due notice has been published and a public hearing has been held in
accordance with Chapter 336,Florida Statutes; and
WHEREAS, at said public hearing, the Board considered the argument of all parties
present wishing to speak on the matter, and considered the renouncing and disclaiming of any
BOCC June 30,2013
061914
Exhibit 25
pae{t 1992171
Bkq 2696 P9N 895 1
right of the County and the public in and to the hereinafter described right-of-way as delineated
on the hereafter described map or plat; and
WHEREAS, the Board has determined that vacation of the said right-of-way is for the
general public welfare, and conforms to the requirement of Sections 336.09 and 336.10, Florida
Statutes;and
WHEREAS,the Board makes the following Findings of Fact and Conclusions of law:
1. For purposes of Monroe County Code Sections 19-1(a)(1)and (2) the water at the end
of Peninsular Avenue is not"open water."
2. For purposes of Monroe County Code Sec. 19-1(a)(3) abandonment of the right-of-
way does not preclude a way for the public to maintain access to the water.
3. By approving this resolution,Monroe County agrees to the abandonment as an affected
property owner under Monroe County Sec. 19-1(b).
4. The applicant has agreed to pay any expenses associated with the road abandonment
including but not limited to relocation of utilities and any required road improvements.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMIVIISSIONERS OF MONROE COUNTY, FLORIDA, that it hereby renounces and
disclaims any right of the County and public in and to the following described streets, alley-
ways,roads,or highways as delineated on the hereafter described map or plat,to-wit:
"Peninsular Avenue, lying between Block 46 and 60, South of Lots 30, 31 & the West '/2
of Lot 32, in Square 46, according to Maloney's subdivision of a part of Stock Island, Monroe
County, Florida, as recorded in Plat Book 1, Page 55, of the Public Records of Monroe County,
Florida, and being more particularly described as follows:
Commence at the Southeast corner of Lot 35 of said plat, thence West along the North
Right-of-way line of Peninsular Ave.for a distance of 175.00 feet to the Southeast corner of the
said West 12 of Lot 32, and the Point of Beginning; thence continue West along the said North
Right-of-way line of Peninsular Ave.for a distance of 195.00 feet, more or less to the platted
shoreline per Maloney's subdivision; thence S 18'26'06" W along the platted shoreline for a
distance of 63.64 feet to the South Right-of-way line of Peninsular Ave.; thence East along the
said South Right-of-way line of Peninsular Ave.,for a distance of 215.00 feet more or less to the
Southerly extension of the East line of the said West 112 of Lot 32; thence North for a distance of
60.00 feet to the said North Right-of-way line of Peninsular Ave. and the Point of Beginning.
Containing 12,300.00 square feet, more or less."
PASSED AND ADOPTED BY THE BOARD OF COUNTY COM 9SSIONERS of
Monroe County, Florida, at a regular meeting held on the 30d'of June,2014.
BOCC June 30,2013
061914
Exhibit 25
Dona 1992171 3
Bk# 2696 PqN 897
Mayor Sylvia Murphy Yes
Mayor pro tem Danny L. Kohlage No
Commissioner Heather Carruthers Yes
Commissioner George Neugent __ Ye_
Commissioner David Rice Abstained
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY O A
B
Mayor ylvia urphy
J
AMY HEAVILIN,C K Approved as to Form and Legal Sufficiency
° ° w tY Clerk Assistant County Att ey
0 �G ItV
o �
a cm —' 0
rn�
�z ccj
71
4 rn
3CV Cn
o 4 Uj ;4
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� � r
STATE OF FLORIDA
COUNTY OF MONROE
This Copy is a True Copy or"
"Iasi en Fife in this Office°Wanm
my hand and Official SeaL
day af_IQ4.,._.
&D,20
AMY HEA°lILIN
BQCC June 30,2013 8y D.061914
Exhibit 25
Doe# 1992171
Oka 2696 Pga 895
KEVgwpsrSTATE OF FLORIDA
.r,. . �... .,r ,ter COUNTY OF MONROE
Cooke communications,LAC
Florida Keys
PO Box 1800, Before the undersigned authority personally appeared Tommy Todd, who on
Key West FI 33041 oath says that he is Advertising Director of the Key West Citizen, a daily
Office....305-2912-7777 newspaper published in Key West, in Monroe County, Florida; that the
Extension...x219 attached copy of advertisement,being a legal notice in the matter of
Fax.......305-295-8025
Jeaals0keysnewrs com
INTERNET PUBLISHING �,,i`�.f'�C��1 �.( . ��� �' .S t/r
keywest.com 11 r
keysnews.com
floridakeys.com
key-west.com was published in said newspaper in the issue(s) of
Web Design Services
NEWSPAPERS
The Citizen Key West rt said Morro Y newspaper published in
Southernmost Flyer Affiant further says that the Key West Citizen is a news a er
Florida Keys Free Press y e County, Florida and that the said newspaper has
MARKETING SERVICES heretofore been continuously published in said Monroe County, Florida every
commercial Printing day, and has been entered as second-class mail matter at the past office in Key
Direct Mail
West, in said Monroe County, Florida, for a period of 1 year next preceding
FLrOPJ9AKKa n FOFFICES
c F ICES the first publication of the attached copy of advertisement; and afflant further
3420 Northside Drive says that he has neither paid nor promised any person, firm or corporation any
Key west.FL discount rebate commission or• r the 33040•1600 s purpgs�- sec g this
Tel 305-292-7777 advertisement for publication in the said news per
Fax 305-294-0768
crireR!u e ��xst.«sm
Internet Division
Tel —
Tel 305-292-1880 Fax 305-294-1699 e of Affi t
sales(Mkeywest.corn
Upper Keys Office!
91731 Overseas Hwy Swam and subscribed before me this day of tJ 1. , 2014
Tavernier,FL 33070
Tel 306-853-7277
Fax 305-653-0556
freepressworidakeys.com Notary Public: 'DAWN KAWZINiSKY
NOTARY PUBLIC
y STATE'OF FLORIDA
1 Camm#EE157233
�•IL��u Y'. '� -,tCEl9 Expires 1/4/2016
Dawn Kawzinsky
Expires: 114116 Notary Seal
Personally Known x Produced Identification
Type of Identification Produced
Exhibit 25
Doc# 1992171
BkN 2696 P9114 899
N0T10E OF ADOPTION OF
RESOLUTION
NOTICE OF ADOPTION OF
RESOLUTION RENOUNCING
AND DISCLAIMING ANY
RIGHT OF THE COUNTY OF
MONROE OTRFPUKW
IN AND TO A CERTAIN
STREET AS DELINEATED ON
A CERTAIN RECORDED
PLAT
NOTICE IS HEREBY GIVEN,
pursuant to Chapter 336,
Florida Statutes,that the Hoard
of CountyCommisskmers of
Monroe County,Florida,at a
meeting held on June 30,2014
duly adopted Rescluflon No.
116-2014,renouncing and
disciaiming any right of the
County of Monroe and the
public in and to the following
described streets,allay-ways,
roads or highways as
delineated on the hereinafter
described map or plat,to wit:
"Peninsulsr Avenue,tying
between Block 46 and 60,
South of Late 30.31 8 the
West 112 of Lot 32,In Square
48,according to Mafoney's
subdivision of a part of Stock
Island,Monroe Courrty,
Florlds,as recorded in Plat
Book 1,Page t16,of the
Public Records of Monroe
County,Florids,and traing
more particularly described
as follows:•
Commence at the Southeast
corner of Lot 36 of said plat,
thence West along the North
Right-of-way One of
Peninsular Ave.for a
distance of 175.00 feat to the
Southeast corner of the said
West 112 of Lot 4 and the
Point of Beginning;thence
continue Wast along flub said
North Right-of-way line of
Peninsular AVL-fC?r—
distance of 196.00 fee4446 d
or Is"to the platted
shoreline per Meloney's._
subdivision;thence S
1626'06"w along Nke p stow
shoreline for a distance of
43.64 feet to the SouM -
-Rfght-ot-way line of
Peninsular Ave.;thence-10 t
- olong the sold-Sov%. -
RIghtof-way One of
Penhwular Ave;fum
distance of 215.00 fast more
or lose to the Sdutherty
extension of the East line of
112 of Lot 32;
thaoce_alc4h for a distance
of 60.00 fast to the said North
Right-of-way line of
Peninsular Ave.and the Point
otsegirifto.Containing
12,300.00 square feet,more
or less."
Dated at Marathon,Florida,this
2nd Day of July,2014.
AMY HEAVILIN,Clerk of the
Circuit Court and ex officlo
Clerk of the Board of County
Commissioners of Monroe
County Florida
July 7,2014
Key Weal CtU2en
MONROE COUNTY
OFFICIAL RECORDS
Exhibit 25
DOOM 1615450 11/30/2006 4:13PM
Filed G Recorded In Official Records of
Prepared bv_and return to: MONROE COUNTY DANNY L. KOLHAGE
Erica N.Hughes-Sterling
Attorney at Law 11/30/2800 4:13PM
Spottswood,Spottswood&Spottswood DEED DOC STAMP CL: py $21,878.e0
500 Fleming Street
Key West,FL 33040
305-294-9556
File Number: 06-335-JB Doetl 1615490
BkU 2235 Poll 1923
[Space Above This Line For Recording Datat
Warranty Deed
This Warranty Deed made this 28th day of November,2006 between Melodye Reger a/k/a Melody Reger,a single
woman whose post office address is 100 Bay Drive, Key West, FL 33040, grantor, and Monroe County, a political
subdivision of the State of Florida whose post office address is 1100 Simonton Street,Key West,FL 33040,grantee:
(Whenever used herein the terms"grantor"and"grantee"include all the parties to this instrument and the heirs,legal representatives,and assigns of
individuals,and the successors and assigns of corporations,trusts and trustees)
Witnesseth,that said grantor,for and in consideration of the sum of TEN AND NO/100 DOLLARS($10.00)and other
good and valuable considerations to said grantor in hand paid by said grantee,the receipt whereof is hereby acknowledged,
has granted,bargained,and sold to the said grantee,and grantee's heirs and assigns forever,the following described land,
situate,lying and being in Monroe County,Florida to-wit:
Lots 30,31 and the West 1/2 of Lot 32,in Square 46,according to Maloney's subdivision of a part of
Stock Island,Monroe County,Florida,as recorded in Plat Book 1,Page 55,of the Public Records of
Monroe County,Florida.
Parcel Identification Number:00126230-000000;00126220-000000;00 1 2 62 1 0-000000
Together with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold,the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple;that the
grantor has good right and lawful authority to sell and convey said land;that the grantor hereby fully warrants the title to said
land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all
encumbrances,except taxes accruing subsequent to December 31,2005.
In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written.
Si scaled and deli v ed in qw presence:
Luca-I'?
WitnessJWodyv'c Reger
Witness�rj�
State of Florida
County of Monroe
The foregoing instrument was acknowledged before me this 28th day of November,2006 by Melodye Reger,who [j is
personally known or(XI has produced a driver's license as identification.
[Notary Seal) Notary Pliblic
0 MAW
`�k Mary E.Turso
Printed Name: • TUR50
x
Commission#D 0398273
? Expires March 30,2009 My Commission Expires:
� amer Trryhln.a,v+nq.lna aOWa!•refa
MONROE COUNTY
OFFICIAL RECORDS
DoubleTlmeo
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FIRE PUMP HOUSE 144.0 SF W
TOTAL LOT COVERAGE BY PROPOSED STRUCTURES 49,W 2.7 SF 1.13 AC
TOTAL LOT COVERAGE BY STRUCTUPES 96,206.4 SF 2.21 AC W 0
LOT COVERAGE BY ROADS, WALKWAYS, & POOLS (n
ROADS/PARKING 107,060.0 SF z
POOLS/PLAZA 34,577.3 SF
SIDEWALKS 35,469.9 SF 1 1 1
MISCELLANEOUS CONCRETE (DUMPSTER, CURBING, W4LLS) 7,480_07 SF U
LAND PIERS (EXISTIIIG) 38,002 7 SF
TOTAL LOT COVERAGE BY ROADS. WALKWAYS, Rr POOLS 222,589.97 SF 5.11 AC
IMPERVIOUS / PERVIOUS PERCENTAGE
TOTAL UPLAND AREA 525,333.6 SF 12.06 AC
o,
T(JTAL IMPERVIOUS AREA 31 o,796W SF 7.32 AC
0
MPERVIOUS PEPCENTAGE OF SITE 60.685
TOTAL OPEN SPACE AREA 206,53-.0 SF 4.74 AC (E)
OPEN SPACE PEPCENTAGE OF SITE 39.315
OPEN SPACE PEPCENTAGE REOIJWED 20
TOTAL SHORELIIIE SETBACK AREA 117,622.77 SF 2.70 AC:
EXISTING IMPERVIOUS AREA IN SHORELINE SETBACK 64,004.OD SF 54.41
Ei ISTING PERVIOUS AREA IN SHORELINE SETBACK 53,61 8.77 SF 45.59%
PROPOSED IMPEPT'IOUS AREA IN SHORELINE SETB-CK 61,028.87 SF 51.89%
PROPOSED PERVIOUS AREA IN SHORELINE SETBACK 56,593.=10 SF 48.11
PROPOSED DEVELOPMENT REDUCES SHORELINE 11IPERVIOUS BY 2,D75.1 SF (253 i
0
NG CALCULATIONS
WEEKDAY WEEKDAY WEEKEND WEEKEND
'9 AM-4 PM) (6 PM-12 AM) (9 AM-4 PM) (6 PM-12 AM)
0.7 0.1 1.0 Q 2
86.8 12.4 1 24.0 24.8
U.0 U.'j 0.8 U.J
1 2L.0 I Be.0 1 60.0 180.0 THIS SHEET IS NOT VALID WITH,-,UT THE
-HAT'RE AND -RIGINAL SErL
OF 4 FLORIDA LICENSED ENGINEER.
0W5 1.0 0.75 1.0
12.75 1 0 2W 17.0
PRELIMINARY
1 0 0.1 0.1 0.05
0.7 0.07 0.07 0.035
NOT FOR
S.4 10 0 8 10 CONSTRUCTION
22,4 56 0 40 C 50 0
0.6 0.9 1.0 0.7
2.22 3.33 3.7 159 Michael J. Giardullo
244.87 268.8 34Q S es tag f
52 274.425 Pr tat o Engineer
S of Florida
Registry+ion No. 70676
Sheet No. C-4.00
v
5 �'i
MEMORANDUM
MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCEs DEPARTMENT
To: Monroe County Board of County Commissioners
Through: Christine Hurley, AICP, Director of Growth Management
Townsley Schwab, Senior Director of Planning& Environmental Resources
From: Joseph Haberman, AICP, Planning &Development Review Manager
Subject: Request for an Amendment to a Development Agreement between Monroe
County, Florida; Summerland Palms Investors, LLC, Coco Palms Developers,
LLC, Suncrest Investors, LLC, and Oceanside Investors, LLC concerning
properties located at 5948, 5950 and 5970 Peninsular Avenue, Stock Island
(legally described as Block 46, Lots 30, 31 and Y., Lot 32, Block 60, portions of
Lots 1, 2 and 3, Block 61, portions of Lots 1, 2 and 3, the abandoned portion of
Peninsular Avenue lying between Block 46 and Block 60, the abandoned portion
of Maloney Avenue lying between Blocks 60 and 61, McDonald's Plat, also
known as Maloney Subdivision, having real estate #'s 00126210.000000,
00126220.000000, 00126230.000000, 00127420.000000 and 00127420.0'00100),
24930 Overseas Highway, Summerland Key (legally described as Lot 55 and a
portion of Lot 54, Summerland Yacht Harbor, having real estate #'s
00194741.000100, 00194741.000200, 00194741.000300, 00194741.000400,
00194741,000500, 00194741.000600, 00194741.000700, 00194741.000800,
00194741.000900, 00194741.001000, 0019'4741.001100, 00194741.001200,
00194741.001300, 00194741.001400, 0019'4741.001500, 00194741.001600,
00194741.001700, 00194741,001800, 00194741.001900, 00194741.002000,
00194741.002100 and 00194741.002.200), 21585 Old State Road 4A, Cudjoe Key
(legally described as Lot 30, Sacarma, having real estate #00174960.000000),
and 5176 Suncrest Road, Stock Island (legally described as Lots 27 and 28, Sun
Krest, having real estate # 00132680.000000) (bale #2014-112)
Meeting: December 10,2014
1 1 REQUEST:
2
3 The applicant is proposing an amendment to an existing development agreement between
4 Monroe County, Florida; Summerland Palms Investors, LLC, Coco Palms Developers, LLC,
5 Suncrest Landing, LLC, Singh Investors, LLC, and Oceanside Investors. In 2013, Oceanside
6 Investors applied for the existing development agreement. The agreement was approved by
7 the BOCC at a public hearing on December 11, 2013, and recorded in the official records of
8 Monroe County on December 19, 2013.
9
10 The existing agreement allows the transfer of Residential Rate of Growth Ordinance (ROGO)
11 exemptions — known as Transferable ROGO Exemptions (TREs) - from sender sites on
12 Summerland Key (22 market-rate permanent TREs), Cudjoe Key (17 market-rate permanent
Page 1 of 18
I TREs) and Stock Island (7 market-rate permanent TREs) to a receiver site on Stock Island, in
2 accordance with MCC §130-161.1. On the sender sites, the residential dwelling units in
3 which the transferred market-rate permanent TREs are derived shall be converted to, or
4 replaced with, an equivalent amount of deed-restricted affordable housing.
5
6 The existing agreement also involves the redevelopment of 5950 and 5970 Peninsular
7 Avenue, the receiver site and known as Oceanside Marina, for the addition of up to 78 new,
8 market-rate residential dwelling units, which may be used as vacation rentals, up to 5 new
9 hotel rooms, a new restaurant with up to 150 seats, and other improvements related to the
10 existing, partially-condominiumized marina and accessory development. A boat barn (under
11 condominium ownership), 22 existing, market-rate permanent units (under condominium
12 ownership), marina wet slips (under condominium ownership) and ancillary/accessory
13 buildings would be maintained. An existing boat barn/light industrial building would be
14 demolished. Not including accessory structures related to the residential uses, the
15 nonresidential floor area would not exceed 40,000 square feet. Dockage owned by the
16 developer would include 8 new slips, for a total of approximately 16 slips, of which at least
17 20% (3 slips) shall be reserved for commercial fishing vessels.
18
19 The following amendments are proposed to the existing agreement:
20
21 • Include an adjacent property to the premises associated with the Oceanside Marina
22 properly (Block 46, Lots 30, 31 and V2 Lot 32, Block 60, McDonald's Plat, having
23 real estate 4's 00126210.000000, 00126220.0000�00 and 00126230.0000�00). The
24 adjacent property is commonly known as the Hickory House property and Oceanside
25 Investors, LLC has entered into a purchase and sale agreement with Monroe County.
26 * Include an abandoned portion of Peninsular Avenue right-of-way to the premises
27 associated with the Oceanside Marina property (a portion lying between Block 46 and
28 Block 60). The abandonment was approved by the BOCC on June 30, 2014, as
29 memorialized in Resolution 4116-2014.
30 • Amend the acreage of the Oceanside Marina properly to reflect the aforementioned
31 adjacent property and abandoned road.
32 • Amend the total number of hotel rooms allowed at the Oceanside Marina property
33 from up to 5 hotel rooms to up to 17 hotel rooms.
34 • Amend the conceptual site plan approved by the existing agreement to a) include the
35 aforementioned adjacent property, abandoned road and development thereon the
36 added land area; b) to modify the hotel buildings to accommodate 17 hotel rooms and
37 c) extend the approved `boardwalk' along the western shoreline of the added adjacent
38 property and abandoned road.
39 • Allow the transfer of up to 12 vested transient residential dwelling units from Hawk's
40 Cay on Duck Key (to fulfill ROGO requirements associated with up to 12 of the
41 proposed 17 hotel rooms).
42 * Replace Suncrest Landing, LLC, as a party to the agreement with its predecessor in
43 interest, Suncrest Investors, LLC.
44 • Replace Singh Investors, LLC, as party to the agreement with its predecessor in
45 interest, Suncrest Investors, LLC.
46
Page 2 of 18
I
J Applicant:
4 Agent: Barton W. Smith, Esq., Smith Oropeza, P.L.
5
6 II RELEVANT PRIOR COUNTY ACTIONS:
7
8 Oceanside Marina 5948 5950 and 5970 Peninsular Ave Stock Island "Oceanside
9 Propedyn.
10
11 In 1996, the Oceanside Investors' predecessor in interest applied for a minor conditional use
12 permit for part of the Oceanside Property, 5970 Peninsular Avenue (real estate
13 #00127420.000100 only). The approval is memorialized by Development Order #12-96,
14 approved by the Director of Planning on July 23, 1996 and recorded in the official records of
15 Monroe County on September 6, 1996. The permit allowed for the construction of a 9,600 SF
16 storage building and other associated accessory improvements. A copy of Development
17 Order#12-96 is attached as Exhibit 4 to the agreement(File#96045).
18
19 In 1997, the Oceanside Investors' predecessor in interest applied for an amendment to the
20 major conditional use permit for part of the current Oceanside Property, 5950 Peninsular
21 Avenue (real estate #00127420.000000 only). The approval is memorialized by Planning
22 Commission Resolution#P52-97, approved by the Planning Commission at a public hearing
23 on July 10, 1997, signed by the Planning Commission Chair on August 18, 1999 and
24 recorded in the official records of Monroe County on August 24, 1999. The amendment
25 allowed for the construction of 22 attached, market rate residential dwelling units one boat
26 storage building; an addition to an existing restaurant; and other associated accessory
27 improvements. A copy of Planning Commission Resolution#P52-97 is attached as Exhibit 5
28 to the agreement(File#97021).
29
30 Following the issuance of Planning Commission Resolution #P52-97, Oceanside Investors'
31 predecessor in interest acquired the adjacent property, 5970 Peninsular Avenue. Further, the
32 22 attached, market rate residential dwelling units approved by Planning Commission
33 Resolution #P52-97 were constructed and sold under condominium ownership. As such they
34 are not part of the Oceanside Property.
35
36 In 1999, the County, the State of Florida Department of Community Affairs, Paradise Island
37 Park, Inc. and Key West Oceanside Marina entered into a development agreement allowing
38 the transfer of 22 market-rate TREs from Paradise Island Park to Oceanside Marina. The
39 development agreement was recorded in the official records of Monroe County on April 7,
40 2000 (Book#1627, Pages#444 through#468) (File#99039).
41
42 In 2007, the Oceanside Investors' predecessor in interest applied for an amendment to a
43 major conditional use permit for the Oceanside Property, 5950 and 5970 Peninsular Avenue
44 (real estate #00127420.000000 and real estate #00127420.000100, as well as other property
45 associated with a condominium development). The approval is memorialized by Planning
46 Commission Resolution #P21-07, approved by the Planning Commission at a public hearing
47 on April 11, 2007, signed by the Planning Commission Chair on May 9, 2007 and recorded
Page 3 of 18
1 in the official records of Monroe County on July 13, 2007. The amendment allowed for the
2 demolition of several buildings and construction of 32 attached, market-rate residential
3 dwelling units; 2 boat barns; 8 wet slips; and other associated accessory improvements. A.
4 copy of Planning Commission Resolution#P21-97 is attached as Exhibit 6 to the agreement.
5 Please note that this project was not fully completed, and among other approved development
6 not carried out,the 32 dwelling units were never constructed (File#26028).
7
8 In 2013, Oceanside Investors applied for the existing development agreement. The agreement
9 was approved by the BOCC at a public hearing on December 11, 2013, and recorded in the
10 official records of Monroe County on December 19, 2013. The agreement allows the transfer
11 of the 46 market-rate TREs from three sender sites to the property. The agreement also
12 conceptually approved the scope of work of a concurrent major conditional use permit
13 application and associated site plan (File #2013-069). [Please note that as of the date of this
14 report, this project has not been completed. The applicant has 10 years from the effective
15 date of the agreement to complete the project.]
16
17 In 2013, Oceanside Investors applied for an amendment to a major conditional use permit for
18 the Oceanside Property, 5950 and 5970 Peninsular Avenue (real estate #00127420.000000
19 and real estate #00127420.000100). The approval is memorialized by Planning Commission
20 Resolution #PO4-14, approved by the Planning Commission at a public hearing on February
21 26, 2014, signed by the Planning Commission Chair on March 26, 2014 and recorded in the
22 official records of Monroe County on June 13, 2014. The amendment allowed for the
23 property owner to improve the marina's facilities, construct 78 new market rate residential
24 dwelling units (which may be used as vacation rentals), construct 4 new hotel rooms,
25 construct a new restaurant, and carry out associated site improvements (File #2013-068.
26 [Please note that as of the date of this report, this project has not been completed. The
27 applicant has 10 years from the effective date of the agreement to complete the project.]
28
29 In 2013, Oceanside Investors applied for a minor conditional use permit to transfer the 46
30 market-rate TREs to the property. The application is currently being reviewed and processed.
31 It will be decided upon by the Director of Planning & Environmental Resources following a
32 review by the Development Review Committee (File#2013-070).
33
34 In 2014, Oceanside Investors applied for minor conditional use permits to transfer a portion
35 of the Transferable Development Rights (TDRs) required to facilitate the project approved by
36 Resolution #PO4-14 to the property. The applications are currently being reviewed and
37 processed. Each will be decided upon by the Director of Planning & Environmental
38 Resources following a review by the Development Review Committee (Files #2014-041 and
39 #2014-139).
40
41 In 2014, Oceanside Investors applied for an abandonment of a segment of Peninsular Avenue
42 located north of the property (lying between Block 46 and Block 60). The abandonment was
43 approved by the BOCC on June 30, 2014, as memorialized in Resolution #116-2014 (File
44 #2014-054).
45
Page 4 of 18
I In 2014, Oceanside Investors entered into a purchase and sales agreement with Monroe
2 County to purchase the Hickory House property located north of the property.
3
4 In 2014, Oceanside Investors applied for an abandonment of a second segment of Peninsular
5 Avenue located north of the property (lying between Block 46 and Block 60). The
6 application is currently being reviewed and processed. It will be decided upon by the BOCC
7 (at a public hearing tentatively scheduled on December 10, 2014) (File#2014-132).
8
9 In 2014, Oceanside Investors applied for a minor conditional use permit to transfer up to 5 of
10 the transient TREs to the property. The application is currently being reviewed and
l 1 processed. It will be decided upon by the Director of Planning & Environmental Resources
12 following a review by the Development Review Committee (File#2014-141).
13
14 Summerland Palms Trailer Park 24930 Overseas Hwy, 'Surnmerland Key ("Summerland
15 Palms Property"):
16
17 The Planning & Environmental Resources Department issued a Letter of Development
18 Rights determination for the Surnmerland Palms Property on November 7, 2013. The letter
19 states that there are 22 ROGO exemptions, associated with lawful the existence of 22 mobile
20 homes/RVs (as market-rate, permanent residential units) (File#2013-134).
21
22 Rainbow's End Trailer Park 21585 Old State Rd 4A Cudjoe Key ("Cudjoe Coco Palms
23 Property"):
24
25 On May 13, 2008, a Letter of Development Rights Determination was issued for the Cudjoe
26 Coco Palms. The letter provided a determination that there are 16 ROGO exemptions,
27 associated with lawful the existence of 16 mobile homes (File#28019).
28
29 The Planning & Environmental Resources Department issued a first addendum to the letter
30 on November 26, 2013 stating that there are 17 ROGO exemptions, associated with lawful
31 the existence of 17 mobile homes (as market-rate, permanent residential units). The
32 Department issued a second addendum on January 16, 2014 stating that there are 5 ROGO
33 exemptions, associated with lawful the existence of 5 RVs (as transient residential units)
34 (File#2013-132).
35
36 5176 Suncrest Rd Stock Island("Stock Island Suncrest Property"):
37
38 The Planning & Environmental Resources Department issued a Letter of Development
39 Rights determination for the Stock Island Suncrest Property on November 14, 2013. The
40 letter states that there are 7 ROGO exemptions, associated with lawful the existence of 7
41 mobile homes (as market-rate, permanent residential units) (File#2013-133).
42
43 Development Review Committee (DRC) and Planning Commission:
44
45 On July 30, 2013, at a public meeting, the original agreement was reviewed by the DRC.
46 Staff and the DRC recommended approval with amendments to the agreement.
Page 5 of 18
1
2 On October 30, 2013, at a public meeting, the original agreement was reviewed and
3 discussed by the Planning Commission in advance of the November 15, 2013 public hearing.
4 On November 15, 2013, at a public hearing, the original agreement was reviewed by the
5 Planning Commission. The Planning Commission recommended approval with amendments
6 to the agreement. The recommendation is memorialized with Planning Commission
7 Resolution#P29-13.
8
9 On August 26, 2014, at a public meeting,the amended agreement was reviewed by the DRC.
1.0 Staff and the DRC recommended approval with amendments to the agreement.
11
12 On November 20, 2014, at a public hearing, the amended agreement was reviewed by the
13 Planning Commission. The Planning Commission recommended approval with the following
14 revisions to the agreement(as requested by staff):
15 • The reference to "Hawks Cay' in section I (G) (page 2) shall be removed or revised to
16 clarify that Village at Hawks Cay, Inc. is not a formal party to the agreement.
17 • The reference to placing the boardwalk on the `eastern edge' of the Hickory House and
18 Abandoned Road in section I (M) (page 4) should be revised to western edge (the
19 shoreline runs along the west of the property, not the east).
20 • The opening reference to "Hawks Cay' in section I (0) (page 4) shall be revised to
21 Village at Hawks Cay, Inc.
22 • The reference to "Hawks Cay' in section III (B) (page 5) shall be removed or revised to
23 clarify that Village at Hawks Cay, Inc. is not a formal party to the agreement.
24 • The references to `20.20 gross acres' and `12.20 acres of upland' in section III (B) (page
25 6) shall be revised to 20.06 gross acres and 12.06 acres of upland.
26 • The effective date language in section G of the First Amendment (page 8) should be
27 revised to state the initial effective date of the existing agreement, which has already been
28 established. The existing agreement is valid for 10 years from the already established
29 effective date. Otherwise, it should be clearly stated that the intent is provide a new
30 effective date, which would effectively extend the duration of the agreement by
31 approximately one year.
32 • A new conceptual site plan of the Oceanside Property, showing the expanded property
33 and additional hotel rooms, is required to replace the conceptual site plan approved as
34 Exhibit 23 of the existing agreement.
35
Page 6 of 18
I III BACKGROUND INFORMATION:
2
3 Oceanside Prove - Oceanside Marina 5948 5950 and 5970 Peninsular Ave Stock
4 Island mile marker 5 Chan es from Existin A reement in italics):
5
6 Real Estate (BE)Numbers: 00126210.000000, 00126220.000000, 0012623 0.00000'0,
1 00127420.000000and 00127420.000100
1 Current Property Owner: Oceanside Investors, LLC
Total Size of Parcels: Approximately 20.06 acres (approximately 12.06 acres of upland)
Land Use District: Mixed Use (MU)
Future Land Use Mat) (FLUM) Designation: Mixed Use/Commercial(MC)
Tier Designation: Tier III
Flood Zones: AE-EL 9,AE-EL 10 and VE-EL 13
?2 Existing Uses: Marina, Commercial Retail, Office, Residential
23 Existing Vegetation/Habitat: Predominately scarified, with mangroves along some
31 segments of the shoreline and areas landscaping throughout the site
26 Community Character: Mixed Use
27
28
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50
51
Page 7 of 18
1 Summerland Palms Property- Summerland Palms Trailer Park,24930 Overseas Hwy,
2 Summerland Key, mile marker 25:
3
4 Real Estate( )Numbers: 00194741.000100, 00194741.000200, 00194741.000300,
5 00194741.000400, 00194741.000500, 00194741.000600, 00194741.000700,
6 00194741.000800, 00194741.000900, 00194741.001000, 00194741.001100,
7 00194741.001200, 00194741.001300, 00194741.001400, 00194741.001500,
8 00194741.001600, 00194741.001700, 00194741.001800, 00194741.001900,
18 00194741.002000, 00194741,002100 and 00194741.002200
Current ProRert_y Owner: Summerland Palms Investors, LLC
Total Size of Parcels: Approximately 0.93 acres (approximately 0.93 acres of upland)
Land Use District: Urban Residential Mobile Home (URM)
Future Land Use Map (FLUM) Designation: Residential High(RH)
Tier Designation:tion: Tier III
Flood Zone: AE-EL 8
Existing Use: Mobile Home
25 Existing Vegetation/Habitat: Predominately scarified,with areas landscaping
32 throughout the site
28 Community Character: Mixed Use
29
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30
31
32
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50 Summerland Palms Property with Land Use Districts Overlaid(Aerial dated 2012)
Page 8 of 18
1 Cudioe Coco Palms Property—Rainbow's End Trailer Park,21585 Old State Rd 4A,
2 Cudioe Key, mile marker 22:
3
Real Estate LU)Number: 00174960.000000
Current Property Owner: Coco Palms Developers, LLC
Total Size of Parcel: Approximately 3.42 acres (Unknown amount of upland)
10 Land Use Districts: Native Area(NA), Urban Residential Mobile Home (URM) and
11 Suburban Commercial (SC)
13 Future Land Use May LFLUM) Designations: Residential Conservation(RC), Residential
N High(RH) and Mixed Use/Commercial (MC)
19 Tier Designation: Tier III
10 Flood Zone: AE-EL 10
34 Existing Uses: Mobile Home, Commercial Retail, RV
22 Existing Vegetation/Habitat: Predominately scarified, with mangroves and buttonwood
R along some segments of the shoreline and areas landscaping throughout the site
25 Community Character: Mixed Use
26
27
28
29
30
31
32
t A
33
34
35
36
31
37
38
it e
39
40
41
42
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46
47 Cudjoe Coco Palms Property with Land Use Districts Overlaid(Aerial dated 2012)
48
49
50
51
Page 9 of 18
1 Stock Island Suncrest Property- 5176 Suncrest Rd, Stock Island, mile marker 5:
2
Real Estate (RE)Number: 00132680.000000
5 Current Property Owner: Suncrest Landing, LLC
Total Size of Parcels: Approximately 2.07 acres (Unknown amount of upland)
1 Land Use Districts: Mixed Use (MU) and Native Area(NA)
11 Future Land Use Map (FLUM) Designations: Mixed Use/Commercial (MC) and
Residential Conservation(RC)
Tier DesiPnations: Tier I and Tier III
Flood Zones: AE-EL 8 and AE-EL 9
Existing Uses: Mobile Home
�Q Existing Vegetation/Habitat: Partially scarified, with significant areas of mangroves
22 Community Character: Mixed Use
23
24 r, k,
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25
26
27
28
29
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45 Stock Island Suncrest Property with Land Use Districts Overlaid(Aerial dated 2012)
46
47
48
49
50
51
52
Page 10 of 18
1 IV REVIEW OF APPLICATION:
2
3 The BOCC shall have authority to enter into a development agreement by resolution with any
4 person having a legal or equitable interest in real property located within the unincorporated
5 area of Monroe County if the development agreement meets all of the requirements of the
6 Florida Local Government Development Agreement Act, Section 163.3220-163.3243,
7 Florida Statutes; provided, however,that the duration of the development agreement shall not
8 exceed 10 years, and any duration specified in a development agreement shall supersede any
9 conflicting duration otherwise specified in the land development regulations.
10
11 Pursuant to Section 163.3227, Florida Statutes, a development agreement shall include the
12 following:
13
14 [Note: As currently presented, the applicant has drafted a separate addendum to the
15 existing agreement, referred to as the "First Amendment". Therefore, the following
16 referenced page numbers found on the existing agreement will not be modified by
17 revisions to the "First Amendment'.]
18
19 a) A legal description of the land subject to the agreement, and the names of its legal and
20 equitable owners:
21
22 `Original' Oceanside Property: In the existing agreement, a property description is stated
23 in section I and a full legal description is provided in Exhibit 2. Ownership is stated in
24 section I and a special warranty deed is provided in existing Exhibit 1.
25
26 `Expanded' Oceanside Property: In the proposed First Amendment, a property
27 description of the additional land associated with the Hickory House property and the
28 Peninsular Avenue road abandonment is stated sections I (J) and I (L). Ownership is
29 stated in section I and a warranty deed (for the Hickory House property) is provided in
30 new Exhibit 26.
31
32 Surnmerland Palms Property: In the existing agreement, a property description is stated in
33 section I and a full legal description is provided in Exhibit 9. Ownership is stated in
34 section I and a special warranty deed is provided in existing Exhibit 8.
35
36 Cudjoe Coco Palms Property: In the existing agreement, a property description is stated
37 in section I and a full legal description is provided in Exhibit 13. Ownership is stated in
38 section I and a warranty deed is provided in existing Exhibit 12.
39
40 Stock Island Suncrest Property: In the existing agreement, a property description is stated
41 in section I and a full legal description is provided in Exhibit 17. Ownership is stated in
42 section I and a warranty deed is provided in existing Exhibit 16.
43
44 b) The duration of the agreement:
45
Page 11 of 18
1 The agreement shall remain in effect for 10 years from the effective date of the existing
2 agreement(January 22, 2014), as stated in section III (C) of the existing agreement.
3
4 c) The development uses permitted on the land, including population densities, and building
5 intensities and height:
6
7 Permitted uses on the land(s), population densities, and building intensities and height(s)
8 are provided in section III (D) of the existing agreement and in section III (D) of the
9 proposed First Amendment.
10
11 d) A description of public facilities that will service the development, including who shall
12 provide such facilities; the date any new facilities, if needed, will be constructed; and a
13 schedule to assure public facilities are available concurrent with the impacts of the
14 development:
15
16 A description of public facilities is stated in section III (E) of the existing agreement.
17
18 e) A description of any reservation or dedication of land for public purposes:
19
20 There will be no reservation or dedication of land for public purpose. This is stated in in
21 section III (F) of the existing agreement.
22
23 f) A description of all local development permits approved or needed to be approved for the
24 development of the land:
25
26 Required local development permits are not provided in a single section. The requirement
27 for a major conditional use permit to redevelop the Oceanside Property is provided in
28 section III (M) of the existing agreement. The requirement for a minor conditional use
29 permit to finalize transfer the TREs is provided in section III (L) of the existing
30 agreement. Permit requirements in general are provided in section III (U) of the existing
31 agreement, which states "This Agreement is not and shall not be construed as a
32 Development Permit, Development Approval or authorization to commence
33 development, nor shall it relieve the Parties other than Monroe County of the obligations
34 to obtain necessary Development Approvals that are required under applicable law and
35 under and pursuant to the terms of this Agreement and Monroe County Code."
36
37 g) A finding that the development permitted or proposed is consistent with the local
38 government's comprehensive plan and land development regulations:
39
40 A finding of consistency is stated in section III (0) of the existing agreement.
41
42 h) A description of any conditions, terns, restrictions, or other requirements determined to
43 be necessary by the local government for the public health, safety, or welfare of its
44 citizens:
45
Page 12 of 18
I A description of any conditions, terms, restrictions or other requirements is not provided
2 in a single section. Such conditions, terms, restrictions and other requirements are
3 provided throughout the existing agreement and proposed First Amendment,
4
5 i) A statement indicating that the failure of the agreement to address a particular permit,
6 condition, term, or restriction shall not relieve the developer of the necessity of
7 complying with the law governing said permitting requirements, conditions, term, or
8 restriction:
9
10 Breach, amendment, enforcement and termination of the development provisions are
11 provided in section III (P) of the existing agreement.
12
13 Pursuant to MCC § 13 0-161.1(2), a development agreement allowing the transfer of market-
14 rate, permanent residential TREs associated with a mobile home park(s) of more than 10
15 mobile homes shall meet the following criteria:
16
17 a) Procedure -This transfer shall require an approved development agreement:
18
19 The existing agreement serves as a development agreement. Section 163.3220, Florida
20 Statutes, authorizes Monroe County to enter into development agreements with
21 landowners and/or governmental agencies to encourage a stronger commitment to
22 comprehensive and capital facilities planning, ensure the provision of adequate public
23 facilities for development, encourage the efficient use of resources, and reduce the
24 economic cost of development..
25
26 b) Procedure -Minor conditional use approval is required to complete the transfer:
27
28 The applicant is additionally required to receive a minor conditional use permit(s) to
29 finalize the transfer of TREs from the sender sites to the Oceanside Property receiver site.
30
31 c) Requirement- ROGO exemptions transferred under this program may be transferred on a
32 1 for 1 basis where the ROGO exemptions are to be transferred to single-family
33 residential lots or parcels within the same ROGO planning subarea. However, where
34 transfers are to be made to commercial or recreational working waterfronts (as defined by
35 Florida Statutes), or to multi-family projects in non-IS districts, the transfers shall result
36 in no fewer than two deed-restricted affordable or workforce housing units remaining on
37 an eligible sender site(s) for each market rate ROGO exemption transferred:
38
39 The existing agreement involves a transfer on a 1 for 1 basis. Although the receiver site is
40 within the same ROGO planning subarea as all of the sender sites, it does not currently
41 consist of single-family residential lots or parcels. As a plat not required or feasible, after
42 any approval and construction of the residential dwelling units, the developer will
43 establish individual parcels for each of the residential dwelling units via the Monroe
44 County Property Appraiser(with a unique real estate number for each single-family unit).
45
Page 13 of 18
I Note: Although the proposed 78 residential dwelling units would be attached dwellings,
2 the project is not defined as multi-family by the MCC. As defined in MCC §101-1,
3 dwelling, attached, means a residential dwelling unit consisting of one or more of
4 residential units that are developed without open yards on all sides of the dwelling unit.
5 This definition does not state that attached dwellings are multi-family. Dwelling,
6 apartment, means a multifamily building in which units share common entries or
7 accesses to individual units. This definition does not state that attached dwelling units
8 constitute apartments, and further, the proposal attached dwellings shall not share
9 common entries.
10
11 d) Requirement - The eligible sender site property(ies) shall be donated or sold to Monroe
12 County, or otherwise appropriately deed-restricted for long-term affordability. Prior to
13 acceptance of a donated or purchased parcel, all units to be maintained on site shall pass a
14 life safety inspection conducted in a manner prescribed by the Monroe County Building
15 Department. Monroe County may then lease the sender site property to a party who will
16 serve as lessee and sub-lessor of the eligible sender site(s):
17
18 The applicant hired a professional to carry out inspections of the mobile home parks.
19 Report(s)have been provided to the County and are currently being reviewed.
20
21 e) Requirement- The number of transferred ROGO exemptions shall not exceed the number
22 of restricted affordable dwelling,units maintained at the eligible sender sites:
23
24 The existing agreement involves the transfer of 46 TREs to the receiver site and the deed-
25 restrictions of 46 affordable housing units at the sender sites.
26
27 f) Requirement - The resulting development or redevelopment of affordable housing
28 pursuant to the governing development agreement will be targeted to serve as closely as
29 possible the following household income categories: 25'% very low income households,
30 25% low income households, 25% median income households, and 25% moderate
31 income households(or as otherwise approved by the BOCC):
32
33 The existing agreement includes an approximate combination of 50% moderate-income,
34 25% median-income and 25% low-income. The applicant requested that allocations
35 associated with the very low-income be reserved for other projects that require very low-
36 income allocations. Specifically:
37 • Suncrest shall be allocated 3 low income and 4 moderate income
38 • Summerland Palms shall be allocated 7 low income, 10 median income and 5
39 moderate income
40 • Coco Palms Developers shall be allocated 1 low income, 2 median income and 14
41 moderate income
42
43 g) Requirement - Lot rents and/or sales prices for resulting deed-restricted dwelling units
44 shall be established in accordance with restrictions outlined in Florida Statutes and/or the
45 Monroe County Code:
46
Page 14 of 18
I Compliance shall be monitored and an annual report shall be provided by the other
2 Parties.
3
4 h) Requirement - All units designated by the applicable development agreement to remain
5 as deed restricted affordable housing at the donated, purchased or appropriately deed-
6 restricted site(s) shall comply with hurricane standards established by the Florida
7 Building Code and habitability standards established under the Florida Landlord and
8 Tenant Act. Compliance shall be accomplished in a manner and within a timeframe set
9 forth in the development agreement or, if applicable, in the relevant minor conditional
10 use:
11
12 The existing agreement includes language addressing that any units that do not meet the
13 standards will be improved or replaced prior to receiving an affordable housing deed-
14 restriction(and thus allowing the transfer of the associated market-rate TRE).
15
16 i) Requirement - A development agreement proposed under this program shall not utilize
17 more than 50% of the existing affordable housing allocations then available to Monroe
18 County, unless otherwise approved by the BOCC:
19
20 The existing agreement requires 46 affordable housing allocations: Suznmerland Palms
21 Property (22), Cudjoe Coco Palms Property (17) and Stock Island Suncrest Property (7).
22 Further, of the 46 affordable housing allocations, 23 would be moderate income, 12
23 would be median income and 1.1 would be low income.
24
25 The reservation required a separate resolution of the BOCC, pursuant to MCC §138-
26 24(b). On December 11, 2013, the BOCC issued Resolution #403-2013 reserving 46
27 affordable ROGO allocations for 5 years, beginning on the effective date of the existing
28 agreement.
29
30 j) Requirement - All of the redeveloped or preserved affordable housing units, whether
31 redeveloped or retained at the original sender site(s), or at alternate or additional
32 locations, shall remain in the same planning sub-district as the original sender site(s):
33
34 All of the sender sites and the receiver site subject to the agreement are located in the
35 Lower Keys ROGO subarea.
36
37 Pursuant to MCC § 130-161.1(2), a receiver site of the transfer of market-rate, permanent
38 TREs associated with mobile home parks shall meet the following criteria:
39
40 a) Approval of a minor conditional use permit:
41
42 The applicant is additionally required to receive a minor conditional use permit(s) to
43 finalize the transfer of TREs from the sender sites to the Oceanside Property receiver site.
44
45 b) The receiver site shall be located in a Tier III designated area:
46
Page 15 of 18
1 The Oceanside Property receiver site is designated Tier III.
2
3 c) The receiver site shall not be located in a velocity (V) zone:
4
5 A small portion along the southern shoreline of the receiver site is located in a velocity
6 (V) zone (VE-EL 13), The property is not located exclusively in a velocity (V) zone. It is
7 predominately located in AE-EL 9 and AE-EL 10 flood zones. As shown on the
8 conceptual site plan attached to the agreement, the site within the property for the
9 proposed 78 new units would not be located in the in the velocity (V) zone.
10
11 d) A property owner cannot receive a certificate of occupancy for any unit constructed as a
12 result of a transferred ROGO exemption until all corresponding eligible sender site units
13 are completed and deed-restricted as affordable dwelling units:
14
15 This requirement is stated several times in the existing agreement.
16
17 e) All or any portion of the redeveloped or preserved affordable housing units may be
18 redeveloped or retained at one or more alternate or additional locations donated or sold to
19 Monroe County, identified in the Development Agreement and otherwise compliant with
20 the remainder of this section, including but not limited to the requirements set forth in
21 MCC §130-161.1 (2)(c)(i)(2):
22
23 Not applicable.
24
25 f) Transferred ROGO-exemptions shall remain in the same ROGO planning subarea:
26
27 All of the sender sites and the receiver site subject to the agreement are located in the
28 Lower Keys ROGO subarea.
29
30 Other Issues related to this Amendment:
31
32 • Conceptual Approval of Site Plan:
33
34 This agreement includes a conceptual site plan for the redevelopment of the Oceanside
35 Property. Staff suggested, and the applicant accepted, language so that the applicant may
36 submit the conceptual site plan as part of this development agreement for review and
37 consideration, but not for final approval.
38
39 Anew conceptual site plan was provided showing the future redevelopment of the newly
40 acquired property and abandoned portion of Peninsular Avenue.
41
42 • Residential Density and Maximum Floor Area Ratio (§130-157, §130-162 & §130-164)
43 of expanded Oceanside Property:
44
45 The existing agreement refers to 11.18 acres of total upland as associated with the
46 property.
Page 16 of 18
1
2 The existing agreement allows for up to 5 hotel rooms (however density limitations
3 resulted in the approval of only 4 by the major conditional use permit). The proposed
4 First Amendment allows for up to 17 hotel rooms. The intensity of other uses would not
5 be amended.
6
7 Proposed Land Use Intensi (Not Using TDRs for Hotel Rooms):
Land Use FAR/ Size of Site Max Proposed Potential.
Densitv Allowed Used
Oceanside Pro e
Permanent 12 units/ 12.06 upland ac 115.80 78 units 67.36%
Residential buildable ac 9.65 buildable ac units
Transient 10 rooms/ac 12.06 upland ae 120.60 17 rooms 14.01%
Residential (allocated) (9.65 buildable ac) rooms
Commercial Retail 0.35 FAR 12.06 upland ac 183,921 SF 3,023 SF 3 1.64%
(low-intensity) 525,489 SF
Offices 0.40 FAR 12,06 upland ac 210,195 SF 225 SF 0.11%
525,489 SF
Oceanside East D Stora a Condominium
Boat Storage N/A 12.06 upland ac 262,744 SF 21,924 SF 0.0%*
(Light Industrial 525,489 SF
Oceanside Residential Condominium
Permanent 12 units! 1 12.06 upland ac 115.80 22 units 19.00%
Residential buildable ac ' 9.65 buildable ac units
Cumulative Total 102.12%
8 1: This is maximum net density(12 dwelling units per buildable acre), not allocated density
9 (1 dwelling unit per acre), as the applicant intends to utilize TDRs to allow a total of
10 permanent residential units that is beyond that allowed by the allocated density
11 allowance.
12 2: This is allocated density (10 rooms per acre), not maximum net density (15 rooms per
13 buildable acre), as the applicant has not stated any intent to utilize TDRs to allow a total
14 of transient residential units that is beyond that allowed by the allocated density
15 allowance.
16 3: The low-intensity commercial retail total includes the 1,240 SF marina store/watersports
17 management and 1,783 SF restaurant seating areas.
18 4: Pursuant to a recent text amendment to the Monroe County Code (adopted by Ordinance
19 #019-2013), boat barns consist of nonresidential floor area and are thereby subject to a
20 FAR. Prior to the text amendment, the floor area of a boat barn was not considered
21 nonresidential floor area if its total floor area did not exceed 50%of the total land area on
22 which it was situated. This application was submitted prior to the effective date of
23 Ordinance #019-2013. Further, a condition of the last major conditional use permit
24 approval, #2 of 021-07, expressly referred to this prior provision. Therefore, as the
25 applicant submitted the plans in reliance of this previous provision,and at a time in which
26 the provision was in effect, the table does not reflect the current light industrial FAR
27 requirement of 0.30 as the floor area of the boat barn(21,924 SF)does not exceed 50% of
28 the total land area(487,000 SF).
29
30 Proposed Land Use Intensity(Using TDRs for Hotel Rooms):
Page 17 of 18
Land Use FAR/ Size'of Site ;Max Proposed , Potential
Density Allowed Used
Oceanside Property:
Permanent 12 units/ 12.06 upland ac 115.80 78 units 67.36%
Residential buildable ac 1 9.65 buildable ac units
Transient 15 rooms/ 1.2.06 upland ac 144.75 17 rooms 11.74%
Residential buildable ac 2 (9.65 buildable ac) rooms
max net
Commercial Retail 0.35 FAR 12.06 upland ac 183,921 SF 3,023 SF 3 1.64%
(low-intensity) 525,489 SF
Offices 0.40 FAR 12.06 upland ac 210,195 SF 225 SF 0.11%
525,489 SF
Oceanside East Dry Storage Condominium
Boat Storage N/A 12.06 upland ac 262,744 SF 21,924 SF 1 0.0%*
(Light Industrial 525,489 SF
Oceanside Residential Condominium
Permanent 12 units/ 1 12.06 upland ac 115.80 22 units 19.00%
Residential buildable ac 1 9.65 buildable ac units
Cumulative Total 99.85%
1 1: This is maximum net density(12 dwelling units per buildable acre), not allocated density
2 (1 dwelling unit per acre), as the applicant intends to utilize TDRs to allow a total of
3 permanent residential units that is beyond that allowed by the allocated density
4 allowance.
5 2: This is maximum net density (15 rooms per buildable acre), not allocated density (10
6 rooms per acre). However,the applicant has not stated any intent to utilize TDRs to allow
7 a total of transient residential units that is beyond that allowed by the allocated density
8 allowance.
9 3: The low-intensity commercial retail total includes the 1,240 SF marina store/watersports
10 management and 1,783 SF restaurant seating areas.
11 4: Pursuant to a recent text amendment to the Monroe County Code (adopted by Ordinance
12 #019-2013), boat barns consist of nonresidential floor area and are thereby subject to a
13 FAR. Prior to the text amendment, the floor area of a boat barn was not considered
14 nonresidential floor area if its total floor area did not exceed 50%of the total land area on
15 which it was situated. This application was submitted prior to the effective date of
16 Ordinance #019-2013. Further, a condition of the last major conditional use permit
17 approval, #2 of 021-07, expressly referred to this prior provision. Therefore, as the
18 applicant submitted the plans in reliance of this previous provision,and at a time in which
19 the provision was in effect, the table does not reflect the current light industrial FAR
20 requirement of 0.30 as the floor area of the boat barn(21,924 SF)does not exceed 50% of
21 the total land area(487,0010 SF).
22
23 V RECOMMENDATION:
24
25 The Planning & Environmental Resources Department recommends approval (staff reserves
26 the right to request additional revisions as analysis continues).
Page 18 of 18
Thb iostrumot prepared
by and reps to:
Barton W.Smith,Esq.
Smith I Oropera,P.L
138-142 Simonton St
Key West,Florida 33040
THIS PARTIAL TRANSFER AND ASSIGNMENT OF DEVELOPMENT RIGHTS (hereinafter
referred to as this "Transfer"), made this 2&� day November, 2014, by ANDREW NOVAK and
SHARON NOVAK, JOHN NOVAK and RITA NOVAK (collectively, the "Transferor'), having an
address at 112 Garboski Rd., Stockton,NJ 08559-1918 to VILLAGE AT HAWKS CAY, INC.,a Florida
corporation,having an address at 1010 Kennedy Drive#302,Key West,Florida 33040 to("Transferee").
WHEREAS, Transferor is the owner of Unit D-046 of Village at Hawk's Cay (as more particularly
described in that certain Warranty Deed, recorded in Official Records Book 1525, at Page 2468, of the
Public Records of Monme County,Florida(hereafter referred to as the"Unit");
WHEREAS, Transferor is the holder of two bedroom allocations assigned to Transferor from Transferee
pursuant to the Partial Transfer and Assignment of Development Rights dated August 22, 2011,. recorded
in Official Records Book 2532,at Page 307,of the Public Records of Monroe County,Florida;and
WHEREAS,Transferee has requested Transferor to transfer and assign back to Transferee for the benefit
of Oceanside Investors, LLC a building right allocation to construct one (1) additional bedroom at real
property located at 5950 — 5970 Peninsular Avenue, Stock Island, Florida ("Oceanside Property"), an
Transferor has agreed to such transfer;and
NOW THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, Transferor
do hereby covenant and agree as follows:
2. Transferor does hereby assign, grant, bargain, transfer, sell and convey to Transferee
one (1) bedroom allocation held by Transferor, which bedroom allocation shall be
subsequently transferred to Oceanside Investors,LLC. This transference and assignment and
any consideration given in exchange for the transference and assignment of the bedroom is
contingent upon the successful transference from Transferee to the Oceanside Property.
2. This Transfer and all the covenants of Transferor hereunder shall run with the land and bind
Transferor and Transferee,the respective successors and assigns of Transferor(and each of them)and all
owners,encumbrances and tenants of the Unit,and shall inure to the benefit of Transferee,its successors
and assigns.
[Rest of Page Intentionally Left Blank,Signature Pages to Follow]
IN WITNESS WHEREOF,the parties hereto have set their hands and seals the day and year first
above written.
TRANSFEROR
Andrew Novak
Witness 1
0"
� Z.,z
Andrew Nov
Print Name � � �" "" �'�„,
Witness 2
/ jg� pia
Print NameW„
State of
County of
The foregoing instrument was acknowledged before me on this day of j124,,„�
2014, by Andrew Novak. Who produced a(' c`1 w J i C as identification or is
personally known to me.
otary Public
Sharon Novak
Witness I
e
ghwonNovak -
Print ame fn&l, A
Witness 2
r '
Print Name' )r,
State of /Q
COUntY of L n
The foregoing instrument was acknowledged before me on this day of d& ,.1,�s•-,
2014, by Sharon Novak. Who produced a r
L°/p J_u!n-,j• as identification or is
personally known to me.
4.
otary Public
John Novak
Witness 1
1222��6
o Novak
Print Name , A YK Q V4,*—
Witness 2
Print Name)Z .tG',�,1c,�,Fz-'' ✓
State of
County ofA�O�,
The foregoing instrument was ac�ow,ledged before me on this ZK day of
2014, by John Novak, Who produced a `�,WS--LuMo V-as identification or is personally
own to me.
ataxy Public
Rita Novak
Witness 1
j "e M
�Novak
Print Name G7F�.�
Witness 2
-e rolez
Print Namedl'7r� ;d/A-0-
State of
County of
e foregoing instrument was g4nowledged before me on this day'of �
2014, by Rita Novak. Who produced a_ Wr L 1 e—i ' as identification or is personally
knownto me. Z�otary Public
Transferee
Witness I
Pri's
Singh,
Print Name, ' President of at
Hawk's Cay,
Witness 2
Pri NPCA Co,
State of VDrd �
County of I'll, ,
The foregoing instrument was acknowledged before me on thi day of _ W,
2014, by Pritam Singh, as President of Village at Hawk's Cay, Inc.. Who produced a
as identification or is personally kno
Notary
WOMMM#FFOM
a RE 7,20 r