10/03/1995 Agreement
95/319
southwest quarter of the plat of lands of Seaboard properties
Inc., Ocean Reef, from Sparsely Settled to Suburban Commercial.
Motion carried unanimously, with Mayor London not present.
ORDINANCE NO. 041-1995
See Ord. Book No. 36 which is incorporated herein by reference.
Motion was made by commissioner Reich and seconded by
commissioner Douglass to adopt the following Ordinance adopting a
land use district map amendment changing the land use designation
for the Harbor Course Club's property known as "Project J",
legally described as Harbor Course section 2, Ocean Reef Plat
No. 13, Tract C, section 13, TownShip 59 South, Range 40 East,
Ocean Reef, from sparsely Settled to Suburban Commercial. Motion
carried unanimously, with Mayor Freeman not present.
ORDINANCE NO. 042-1995
See Ord. Book No. 36 which is incorporated herein by reference.
Motion was made by Commissioner Harvey and seconded by
Commissioner Reich to adopt the following Ordinance adopting a
land use district map amendment changing the land use designation
for the Ocean Reef Club's property known as "project K", legally
described as part of Harbor Course section 1, Ocean Reef Plat No.
13, Part of Tract A, and Harbor Course section 13, TownShip 59,
South, Range 40 East, Ocean Reef, from Sparsely Settled to
Suburban commercial. Motion carried unanimously, with Mayor
Freeman not present.
ORDINANCE NO. 043-1995
See Ord. Book No. 36 which is incorporated herein by reference.
Motion was made by Commissioner Reich and seconded by
Commissioner Douglass granting approval of a proposed Development
Agreement with Ocean Reef Club, Inc. which includes seven (7) map
amendments, two (2) major conditional uses, three (3) minor
conditional uses and three (3) as-of-right projects. Motion
carried unanimously, with Mayor Freeman not present.
There being no further business to come before the
Board, the meeting was adjourned.
Clerk to the Board of County
Commissioners of Monroe County
~o.Ll C.
Deputy Clerk
Q,.~~
09/21/1995 13:52 305852E957 MATTSON TOBIN PAGE 02
9/14/95
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ("the Agreement") , is binding on
the "effective date" as set forth herein, between Monroe County,
as a political subdivision of the State of Florida ("MONROE
COUNTY") , the Department of Community Affairs ("DCA") as the
State Land Planning Agency of the state of Florida, and Ocean
Reef club, Inc. ("ORC") , a Florida corporation, as the legal or
equitable owner and/or developer of certain properties in Monroe
County, Florida, its successors and assigns.
NZTNEBEETE:
WHEREAS, ORC is more than a thirty-five year old Resort-�, Community located at the north end of Key Largo (the northern
terminus of C.R. No. 905) , Monroe County, Florida, containing
approximately 3,000 acres, approximately 1,500 of which were
dedicated more than twenty-five years ago to preservation/ and
WHEREAS, ORC was begun many years prior to any zoning in
Monroe County and prior to the existence of Fla. Stat. Ch. '380
and Fla. Stat. Ch. 163; and
WHEREAS, ORC was approved as a Major Development Project
under Fla. Stat. 380 and the Monroe County Code (See Exhibit "1"
attached) ; and
WHEREAS, ORC was granted a Vested Rights Order which was
approved by MONROE COUNTY and the Department of Community
Affairs, (See Exhibit "2" attached) ; and
\Th WHEREAS, the assets of ORC Development Group have recently
been bought from the developers (including the name Ocean Reef
1
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9/14/95
Club, Inc.) by the new and current Ocean Reef Club, Inc. , and the
shareholders of ORC are all property owners within the ORC
complex; and
WHEREAS, ORC desires to (1) Shift the location of some
existing service facilities, (2) expand certain existing service
facilities, (3) create additional service and recreation
facilities, and (4) rezone certain property necessary to
accomplish the above; and
WHEREAS, the DCA finds that this agreement furthers the
purposes of Chapter 380, Fla. Stat. , and is authorized to enter
into this agreement under Section 380.032 (3) , Fla. Stat.
WHEREAS, separate individual applications, one for each
— .) change of zoning (map amendment) and conditional use for said
facilities and improvements were submitted to Monroe County.
WHEREAS, none of the applications for zoning change, or
',.. conditional use approval would attract or accommodate any
additional temporary or permanent residents to the ORC community;
and
WHEREAS, the Development Review Committee has recommended
that a feral cat eradication and control plan, an exotic plant
removal plan, and a best management practice plan for the golf
driving range be included herein.
NOW THEREFORE, the parties do hereby agree as follows:
I. RECITATIONS Of PACTS AND MUTUAL COMMITMENTS
The above recitations and representations are true and
correct and are incorporated herein by this reference.
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II. fTATUTORY AND CODE REQUIREMENTS
The parties recognize the binding effect of Florida
Statutes § 163.3227 (1993) , and Monroe County Code §§ 9.5-101 and
9.5-102, as to the form and Content of this Agreement, and in
accordance therewith set forth and agree to the following:
A. Legal Description and Ownership
The properties that are subject to this Agreement, and
the legal and equitable owners of said properties, including
legal descriptions are described in Exhibits "B" through "E",
which are incorporated herein by reference.
B. Duration of Agreement
This Agreement shall remain in effect for ten (10.)
years from its effective date, as defined herein.
It is not the intention of MONROE COUNTY and DCA to
require acceleration of development of the Property but rather to
maximize beat land use management practices, including
conservation values consistent with the Owner's rights and
commitments herein.
C. Permitted Ceas, Conditional Uses, and Map Amendments
1. The development uses permitted on the several
properties, including the population densities, and building
intensities and heights are set forth in: (i) Exhibits "B"
through "K", and (ii) the following Resolutions and Ordinances,
listed by Project "B" through "K", which are attached hereto and
incorporated herein. (Note: Projects "B" through "K" correspond
to Exhibits "B" through "K") .
3
09/2171595 13:52 3058526957 MATTSON TOBIN PAGE 05
9/14/95
Project 8: Resolution No. p50-1995, Approving
Development Agreement, including relocation of existing staff
housing.
Project C: Ordinance No. -1995, approving a land
use district map amendment from UR to SC; Resolution No. al-
1995, approving a minor conditional use for a general storage and
laundry facility.
Project D: Resolution No.P48-1995, approving a major
conditional use for retail and office expansion at the "Fishing
Village".
Project E: Ordinance No. -1995, approving a land
use map amendment from UR to SC; Resolution No. P49-1995,
approving a major conditional use for a new office complex.
Project P: Ordinance No. -1995, approving a land
use district map amendment from SS to SC; Resolution No. p.50-
1995, approving Development Agreement, including a new community
Center.
Project G: Ordinance No. -1995, approving a land
Use district map amendment from SS to I; Resolution No. f Q-1995,
approving Development Agreement, including a new mini storage,
golf maintenance and warehouse.
Project If: d#++ance -No
Resolution No. P50-1995,
approving Development Agreement, including an upgraded sewage
treatment plant.
Project I: Ordinance No. -1995, approving a land
use district map amendment from SS to SC; (public safety building
4
09/21/1995 13:52 3058526957 MATTSON TOBIN PAGE 05
9/14/95
and Art League) Resolution No. 21Q-1995, approving Development
Agreement, including a minor conditional use for ORCA offices.
Project J: Ordinance No. -1995, approving a land
use district map amendment from SS to SC. (Harbor Course
Clubhouse) .
Project K: Ordinance No. -1995, approving a land
use district map amendment from SS to SC. (ORC gatehouse/entry) .
2. For the duration of this Agreement, the Parties
agree that any and all of the approved development shall adhere,
conform to, and be controlled by Exhibits "B" through "K", the
Resolutions and Ordinances set forth above, and the Land
Development Regulations and Comprehensive Plan effective at the
time of the County's execution of this Agreement as authorized by
3 163.3233, Fla. Stat.
3. In the event that all or a portion of the existing
or authorized development subject to this Agreement should be
destroyed by a storm, fire or other common disaster, the ORC, its
grantees, successors or assigns shall have the right to rebuild
or repair so long as such work is in compliance with this
Agreement.
4. ORC agrees to abide by and implement a feral cat
eradication and control plan, exotic vegetation removal plan and
best management drainage practice plan for the golf driving range
as set forth in Exhibit "3" attached hereto and incorporated
herein.
5
09/21/1395 13:52 3058526957 MATTSON TOBIN PAGE 07
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D. Public Facilities
1. Domestic water is provided by Florida Keys
Aqueduct Authority; and a REVERSE OSMOSIS system which has been
owned and operated by ORC for more than twenty five years, and
which is still used to furnish water for all golf courses and
other vegetation needs;
2. Electric is provided by Florida Keys Electric
Cooperative Association, Inc. ;
3. solid waste services is provided by a solid waste
Collection system owned by ORC and franchised by Monroe County;
4. Waste water and sewage collection and disposal
sewage treatment plant is provided by ORC;
5. All roads, cart paths and other transportation
ways, etc. within the Ocean Reef complex have been constructed
and shall be maintained by ORc or its successors or assigns.
E. Dedicated Conservation Areas and Open Spaces
Mr. Baker, the FOUNDER of Ocean Reef, purchased the
property, consisting of approximately three thousand acres, circa
1945, and approximately fifteen hundred acres have been dedicated
to preservation. (see Exhibit "/", attached hereto and made a
part hereof) . 3
F. Local Development Permits.
The following is a list of all development permits approved
or needed to be approved for the development of the Property as
specified and requested in this agreement:
1. This Agreement, including Exhibits "B" through
"K".
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09/21/1995 13:52 3058526957 MATTSON TOBIN PAGE 08
9/14/95
2. The Resolutions and Ordinances for Projects "H"
through "K".
3. Building and related construction permits for all
main and accessory structures, land clearing and landscaping, as
appropriate. At the time any building permit application is
applied for, ORC shall demonstrate compliance and shall comply
with any and all Federal, State, and Monroe County handicap
access regulations in effect at the time of application.
4. Federal, State of Florida, South Florida Regional
Planning Council and Monroe county permits for storm water run
off and dredge and fill as, and when necessary, if required.
o. Binding of Consistency
In entering this Agreement, MONROE COUNTY and DCA find that
the development permitted or proposed herein is consistent with
and furthers the existing Monroe County Comprehensive Land Use
Plan and all applicable land development regulations including,
without limitation, the Development Agreement ordinance of Monroe
County.
E. Public Health, Safety and Welfare
Exclusive of any others except those imposed by law, the
following additional conditions, terms, restrictions, or other
requirements are also determined by MONROE COUNTY to be necessary
for the public health, safety, or welfare of its citizens:
1. Breach of Agreement and Cure Provisions
a. Upon ORC's material breach of the terms and
conditions of this Agreement, MONROE COUNTY or DCA may serve
written notice on ORC and shall provide ORC the opportunity,
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09/21/1995 13:52 3058526957 MATTSON TOBIN PAGE 09
9/14/95
within 60 days, to respond or to cure the breach, and/or to
propose a method of fulfilling the Agreement's terms and
conditions. MONROE COUNTY or DCA, in their discretion, may
jointly allow ORC an opportunity to cure the breach or to
negotiate an amendment to this Agreement within a reasonable
time, not to exceed one year after ORC's response or proposal,
absent exigent circumstances.
b. The following events, unless caused by fire,
storms, floods or other acts of God or events beyond the control
of the ORC, are to be considered a material breach of this
Agreement: (1) the failure to maintain the conservation area
provisions of this Agreement; (2) the failure to maintain the
open space provisions of this Agreement shown in Exhibits "B"
through "E"; (3) the failure to maintain conditions placed on
permits or approvals contained in this Agreement; (4) the failure
to maintain feral cat, exotic vegetation removal, or best
drainage management plan for the golf driving range, (5) the
failure to comply with applicable permitting requirements of
MONROE COUNTY after notice and opportunity within sixty (60) days
to comply with such permitting requirements or, if applicable, to
commence compliance with such requirements if compliance requires
more than sixty (60) days.
c. If DCA or MONROE COUNTY, through its Growth
Management Division, finds that the ORC, or a successor, is in
material breach of this Agreement, and after notice is, given as
provided herein to respond to or cure said breach, ORC fails
within a reasonable time to respond, cure or secure an amendment
a
08/21/1895 13:52 3058526957 MATTSON TOBIN ?AGE 10
9/14/95
resolving the breach, then ORC's rights hereunder may be
terminated or revoked by the Monroe County Commission or DCA in
accordance with the procedures and notification requirements
provided herein. However, in the event ORC has sold a parcel or
parcels, a material breach by ORC shall not prevent an individual
parcel owner from developing that parcel or parcels if such
development is not in material breach of this Agreement.
2. Amendment, Termination or Revocation. The parties
hereto shall at all times adhere to the terms and conditions of
this Agreement. Amendment, termination or revocation of this
Agreement shall be made in accordance with the notification and
procedural requirements set forth herein. Amendments to this
Agreement shall subject ORc to the laws and policies in effect at
the time of the amendment only if the conditions of Florida
statutes f 163. 3233 (2) are met. It is further agreed that no
modification, amendment or alteration of the terms or conditions
contained herein shall be effective unless contained in a written
document approved and executed by the parties to this Agreement
or their successors or assigns, if applicable. For this purpose,
individual parcel owners shall not be deemed successors or
assigns of ORC unless the amendment solely relates to the
individual parcel owned by such parcel owner.
3. Hearing Requirements
a. Before amending, terminating or revoking this
Agreement, MONROE COUNTY shall conduct at least two (2) public
�F, • hearings.
9
09/21/1995 13:52 3058526957 MATTSON TOBIN PAGE 11
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b. Notice of intent to amend, terminate, or revoke
this Agreement shall be advertised at least seven (7) days before
the public hearing in a newspaper of general circulation and
readership in Monroe County. The day, time and place of any
further public hearing shall be announced at the first public
hearing and the date thereof shall be advertised at least seven
(7) days before such public hearing. The notices shall specify
the location of the Property subject to this Agreement, the
development uses proposed on the property, the proposed
population densities, and the proposed building densities and
height and shall specify a place where a copy of the proposed
amendment, termination, or revocation and supporting information
can be obtained.
4. Procedures Governing Revocation, DCA. Upon breach
of Section II, H. 1. . hereof, the Department of Community Affairs
may revoke this Agreement, and the development rights hereunder,
by notice of revocation to ORC and Monroe County. The
Department's revocation shall be subject to the procedural
requirements of chapter 120, Florida Statutes.
S. State and Pe4eral Law. If state or federal laws
enacted after the effective date of this Agreement preclude any
party's compliance with the terms of this Agreement, this
Agreement shall be modified or revoked as is necessary to comply
with the relevant state or federal laws. However, this Agreement
shall not be construed to waive or supersede any contention under
--` law that the ORC has acquired vested rights under prior law.
10
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(-)
6. Enforaesont
a. MONROE COUNTY, DCA, ORC, their successors or
assigns, any aggrieved or any adversely affected person as
defined in Florida Statutes § 163.3215 (2) (1991) , may file an
action for injunctive relief in the Circuit Court of Monroe •
County to enforce the terms of this Agreement or to challenge
compliance with the provisions of Florida Statutes §§ 163.3220-
163.3243 (1991) . In addition, DCA may pursue an enforcement
action as provided in Chapter 380, Florida Statutes.
b. Except as provided in this paragraph H, nothing
contained herein shall limit any other powers, rights or remedies
that any party has, or may have in the future, to enforce the
terms of this Agreement.
I. Compliance with Other Law*
The failure of this Agreement to address a particular
permit, condition, term, or restriction shall not relieve ORC or
the parcel owners of the necessity of complying with the laws
governing said permitting requirements, conditions, terms or
restrictions.
III. ADDITIONAL PROVISIONS
A. Recording
ORC shall provide MONROE COUNTY with an executed
Agreement within sixty (60) days of the Monroe County Commission
and DCA's approval of this Agreement, whichever date is later.
MONROE COUNTY shall record this Agreement with the clerk of the
Circuit Court of Monroe county within fourteen (14) days.
Recording fees shall be paid by ORC. A copy of the recorded
11
09./21/1995 13:52 305952E957 I44TTSON TOBIN PAGE 13
9/14/95
Agreement shall then be transmitted by Monroe County to DCA
within fourteen (14) days after the Agreement is recorded. If
this Agreement is subsequently amended, canceled, modified,
extended, or revoked, the Clerk shall have notice of such action,
the same shall be recorded, and notice provided to DCA in the
same manner as the original Agreement.
B. Entire Agreement
This Agreement incorporates and includes all prior
negotiations, correspondence, conversations, agreements or
understandings applicable to the matters contained herein and the
parties agree that there are no commitments, agreements or
understandings concerning the subject matter of this Agreement
that are not contained in or incorporated into this document.
Accordingly, it is agreed that no deviation from the terns hereof
shall be predicated upon any prior representations or agreements,
whether oral or written.
C. Severability
If any part of this Agreement is contrary to,
prohibited by, or deemed invalid under any applicable law or
regulation, such provisions shall be inapplicable and deemed
omitted to the extent so contrary, prohibited or invalid:
however, the remainder hereof shall not be invalidated thereby
and shall be given full force and effect.
D. surisdiotion and Governing Law
The parties hereto agree that any and all suits or
actions at law shall initially be brought in Monroe County,
12
09/21/1995 13:52 3050526957 MATTSON TOBIN PAGE 14
S/14/95
Florida and no other jurisdiction. This Agreement shall be
construed and interpreted under the laws of the State of Florida.
B. Suooessors and Assigns
This Agreement shall be binding upon the parties
hereto, their successors in interest, heirs, assigns and personal
representatives. Any Entity purchasing one or more of the
Parcels, or portion thereof, as described in Exhibits "B" through
"K", and authorized by this Agreement, shall take subject to the
terms and provisions of this Agreement, but as purchasers of
individual parcels shall not be deemed to be the successors or
assigns of ORC for the purposes of amending this Agreement.
F. Notion
All notices, demands, requests, or replies
provided for or permitted by thin Agreement shall be in writing
and may be delivered by any one of the following methods: (a)
by personal delivery; (b) by deposit with the United States
Postal Service as certified or registered mail, return receipt
requested, postage prepaid, to the addresses stated below; (c) by
facsimile, or (d) by deposit With an overnight express delivery
service. Notice deposited With the United States Postal Service
in the manner described above shall be deemed effective three (3)
business days after deposit with the Postal Service. Notice by
facsimile or overnight express delivery service shall be deemed
effective one (1) business day after transmission by facsimile or
after deposit with the express delivery service.
For purposes of notice, demand, request or replies, the
address of MONROE COUNTY shall be:
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09/21/1995 13:52 3058526957 MATTSON TOBIN PAGE 15
9/14/95
Hob Herman
Director, Growth Management Division
Monroe County
2798 Overseas Highway, Suite 400
Marathon, Florida 33050-2227
with a copy to:
Garth Collar, Esquire
Assistant County Attorney
2798 Overseas Highway
Marathon, Florida 33050
•
The address of ORC shall be:
Robert Ambridge
• Executive Vice President
Ocean Reef Club, Inc.
31 Ocean Reef Drive
Key Largo, FL 33037
with a copy to:
Registered Agent
Ocean Reef Club, Inc.
The address of the DEPARTMENT OF COMMUNITY AFFAIRS shall be:
Michael McDaniel
Growth Management Administrator, Section iI
Department of community Affairs
2740 Centerview Drive
Tallahassee, FL 32399-2100
G. Effective Date
The effective date of this Agreement shall be the date
the Agreement is approved by the Monroe County Commission and
finally approved by DCA as the State land planning agency in
accordance with Fla. Stat. § 380.023 (3) .
IN WITNESS WHEREOF, the parties hereto have set their hands
.1 and seals on the day and year below written.
Signed, sealed and delivered
in the presence of:
14
09/21/1995 13:52 3056526957 MATTSON TOBIN PAGE 16
9/14/95
_\) witness: OCEAN REEF CLUB, INC.
(FLORIDA)
By:
President
Print Name
Dated:
Signature
II Print Name
Signature
State of Florida
County of Monroe
The foregoing instrument was acknowledged before me on this
day of , 1995, by the
President of Ocean Reef Club, Inc. , a Florida corporation, on
behalf of the corporation. He is personally known to me and did
not take an oath.
Notary Public
My commission expires;
My commission number:
15
09(21/1995 13:52 3056526957 MATTSON TOBIN PAGE 17
9/14/95
APPROVAL or MONROE COUNTY BOARD OF COUNTY coma189I020PS
On , 1995, the Board of County
Commissioners approved this Development Agreement by Ordinance
No.
ATTEST: BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
CLERK OF COUNTY COMMISSION By. Mayor
APPROVED AS TO FORM AND CORRECTNESS
ASSISTANT COUNTY ATTORNEY
16
09/21/1995 13:52 3058526957 MATTSON TOBIN PAGE 18
9/14/95
(. ) APPROVAL OP DEPARTMENT OP oommUNITY AFFAIRS
The Department of Community Affairs, the state land planning
agency under Chapter 163, Florida Statutes, hereby approves this
Development Agreement.
DEPARTMENT OF COMMUNITY AFFAIRS
By:
Charles Pattison
Director, Division of Resource
Planning and Management
State of Florida
County of Leon
The foregoing instrument was acknowledged before me on this
day of , 1995, by Charles Pattison, Director,
Division of Resource Planning and Management of the Department of
Community Affairs, State of Florida, on behalf of the State of
Florida. He is personally known to me and did not take an oath.
Notary Public
My commission expires:
My commission number:
Printed Name
17
MEMORANDUM
TO: The Development Review Committee
FROM: Silvia Vargas, Senior Planner
DATE: June 9, 1995
RE: As-of-right application, Community Center
Ocean Reef Club.
DATE OF DRC MEETING: June 13 , 1995
REQUEST
A. Proposed use & size :
As part of the Development Agreement proposed between
Ocean Reef Club and Monroe County, Ocean Reef Club,
Inc. , is seeking as-of-right approval of an institu-
tional use complex, consisting of two (2) 6 , 000 sq.
ft . multi-use community buildings joined by a common
lobby area.
As-of-right applications are not normally reviewed by
the Development Review Committee or the Planning Com-
mission, but as part of the Development Agreement re-
view, this project has been analyzed in advance by
Staff for compliance purposes.
The application is submitted in conjunction with a
request to amend the zoning of the parcel on which
the proposed uses will be constructed, from Sparsely
Settled (SS) to Suburban Commercial (SC) .
B. Plans Reviewed:
1) Sealed Survey:
By: Frank & Elliot, Lawrence P. Frank, P.L.S .
Date: 10/6/94
Date Revised: n/a
Date Received by Monroe County: 4/3/95
2) Unsealed Site Plan of Existing Conditions:
By: Bender & Associates, Architects
Date: 3/28/95
Date Revised: n/a
Date Received by Monroe County: 4/3/95
3) Unsealed Site/Landscaping Plan, Proposed, and Front
Building Elevation:
By: Bender & Associates, Architects
Date : 3/28/95
Date Revised: n/a
Date Received by Monroe County: 4/3/95
4) Unsealed Conceptual Stormwater Management Plan:
By: Frederick H. Hildebrandt, P.E.
Date : 3/28/95
Date Revised: n/a
Date Received by Monroe County: 4/3/95
5) Additional Pertinent Descriptive Documents:
a. Application narrative by The Craig Company, un-
dated.
b. Associated re-zoning application by Ocean Reef
Club, Inc.
b. Vegetation Survey by Robert Smith, dated
1/27/95 .
C. Location and Planning Area:
The property is located within Ocean Reef Club in North
Key Largo, at the terminus of CR-905, in Planning Area
#42 . The site is adjacent to the Fire Station and the Air-
port, facing Anchor Drive.
II BACKGROUND INFORMATION
A. Land Use District :
The site is currently zoned Sparsely Settled (SS) . The
as-of-right institutional use is proposed in conjunction
with a rezoning of this parcel to Suburban Commercial
(SC) .
B. Size of Site:
The area of the subject site is approximately 5 . 98 acres,
or 260, 671 sq. ft .
Page 2
DAOCEAN. 09/TXTDR, 080598, 94032
III STAFF REVIEW - DISCUSSION OF COMPLIANCE WITH THE LAND
DEVELOPMENT REGULATIONS
1. Permitted Uses (Sec. 9 . 5-235) :
Institutional uses are permitted in the Suburban Commer-
cial district as of right .
IN COMPLIANCE
3 . Intensity of Use (FAR) (Sec. 9 . 5-269) :
The site is approximately 5 . 98 acres in land area. Sec .
9 . 5-269 assigns a maximum 0 . 3 FAR to institutional uses in
SC land use districts. The proposed institutional use
buildings are approximately 14, 570 sq. ft . . Thus the pro-
posed square footage represents an approximate 0 . 05 FAR.
IN COMPLIANCE
4 . Bulk Requirements (Sec. 9 . 5-281 and 9 . 5-286) :
The site plan indicates that the applicant is providing a
10-foot setback along the rear of the property, as well as
10- and 5-foot side setbacks. A 25-foot frontyard setback
has been provided.
IN COMPLIANCE
5 . Maximum Height (9 . 5-283) :
The elevation provided, representing the front facade of
the proposed building, is 36 feet tall at its highest
point measured from what appears to indicate existing
grade, and therefore does not comply with Sec . 9 . 5-283 .
NOT IN COMPLIANCE
6 . Nonconformities (Article V) :
None are known to exist on the site.
IN COMPLIANCE
7 . Open Space (OSR) (9 .5-269 and 9 . 5-343) :
Sec. 9 . 5-269 does not have an open space requirement for
Suburban Commercial uses. Sec . 9 . 5-343 requires a 20% OSR
on scarified sites . The site data provided on the plans
indicates that this requirement has been greatly exceeded,
however, the open space percentage shown (95 . 7%) is incor-
rect, based on the square footages of impervious areas .
Page 3
DAOCEAN. 09/TXTDR, 080598, 94032
IN COMPLIANCE
8 . Stormwater Management (9 . 5-293) :
The drainage plan submitted by the applicant comprises a
system of swales located within the landscaped areas of
the site .
The drainage plan is being reviewed for compliance with
Monroe County' s stormwater retention requirements by the
County Engineer. Although feedback has not been received
as of the date of this writing, it is expected that the
plan will be in compliance . Nevertheless, an appropriate
condition must be added to any approval granted.
COMPLIANCE UNDETERMINED
10 . Energy and Water Conservation Standards (Sec . 9 . 5-326) :
The applicant has not addressed the criteria in this sec-
tion with the exception of a reduction in impervious cover-
age .
NOT IN COMPLIANCE
11 . Traffic Study/Concurrency (Sec. 9 . 5-426) :
The proposed development is intended, primarily, to supple-
ment an existing support service area within an existing
residential planned unit development (PUD) with limited
public access .
The ITE' s Trip Generation Handbook (4th ed. ) offers pro-
jected trip generation figures for such developments (Land
Use Code 270) , however it does not break down the trips
generated by individual use categories which may comprise
a single PUD.
Based on the self-contained nature and the location of the
PUD, it was assumed that the majority of the trips would
be generated within the PUD itself and therefore the pro-
posed development would generate less than 250 new trips
per day on the highway. Thus a traffic study was not re-
quired, pursuant to Sec. 9 . 5-426 .
It was also determined the proposed development will not
cause significant deterioration of the level of service
(LOS) on CR 905, outside of Ocean Reef community. The Coun-
ty LOS standard for CR 905 is set at 'D' . The 1993 Monroe
County Public Facilities Assessment indicates that the CR
905 was operating at LOS ' C' that year; the 1994 Assess-
ment omits updating the LOS data on County roads, although
it is mentioned that all of the (unspecified) local roads
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that were examined for the study were operating at or
above the County standard of ' D' .
IN COMPLIANCE
12 . Parking and Loading Standards (Division 9) :
1) Parkin: The Land Development Regulations do not pro-
vide a parking standard for the combination of proposed
uses or for mixed use projects. However, the ITE Parking
Generation handbook (2nd. ed. ) , does offer a 4 . 0 spac-
es/1, 000 sq. ft. GFA ratio for "city recreation centers"
(496) , consisting of uses similar to those proposed in
this project and for lack of an appropriate standards in
the LDRs, it may be used as the basis for calculating park-
ing demand. In accordance with said parking ratio, 59 park-
ing spaces would be needed to support the proposed uses,
including 3 handicapped parking spaces of which only two
(2) are shown on the plan.
It is unclear how the applicant derived the figure of 46
spaces as required parking, although it would appear the
entire building was treated as office space (3 spac-
es/1, 000 sq. ft GFA) . There is no parking waiver or reduc-
tion options on as-of-right applications. However, the
site plan indicates a large stabilized grass area to the
west of the building for use as overflow parking. In the
interest of reducing impervious coverage, the use of this
area to complete the required number of spaces is accept-
able, however, all approved parking spaces must be clearly
designated with curb stops.
NOT IN COMPLIANCE
2) Loading: Based on the square footage of the proposed
office area, one (1) 10' X 25' loading zone is required.
The site plan shows two (2) loading areas, one for the
meeting hall building at the west side of the building,
and the other one at the north end of the office/library
building.
IN COMPLIANCE
13 . Access (Division 14) :
Since direct access to the site is not taken from a major
road, the provisions of Sections 9 . 5-421 through 9 . 5-425
are not applicable to this project . The site currently has
one (1) existing access drive from Barracuda Lane (which
appears, from the survey, to be part of the property, as
is Anchor Dr. ) . The project would add a "circular" drive
pattern with ingress/egress from Anchor Drive as well .
Both of Barracuda Ln. and Anchor Dr. are private roads .
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DAOCEAN. 09/TXTDR, 080598, 94032
Any required new buffer planting material must be located
so as to comply with the clear-sight triangles required by
Sec. 9 .5-427 . The site plan does not indicate whether this
requirement is met .
COMPLIANCE UNDETERMINED
14 . Fences (9 . 5-309) :
None are proposed as part of this proposal .
NOT APPLICABLE
15 . Wastewater treatment (Sec . 9 . 5-294) :
Ocean Reef operates its own wastewater treatment plant for
disposal of sewage, under a permit from DEP. The proposed
development will connect into this existing facility,
which is being upgraded as part of the proposed Develop-
ment Agreement and constitutes one of its component
projects.
IN COMPLIANCE
16 . Outdoor Lighting: (Division 12) :
The site plan indicates the use of some outdoor lighting
on this project, to be of two types : cutoff 4-foot high
fixtures, and 2-foot high landscape lights. Both types
would be in compliance with the requirements of the Code .
IN COMPLIANCE
17 . Handicapped Accessibility (Chapter 533, F. S. ) :
The applicant has not provided the required number of hand-
icapped accessible parking spaces, but an adequate accessi-
ble route into the buildings is shown on the plan. The
provision of other handicapped accesible required features
is undetermined, as no detailed floor plan has been provid-
ed.
COMPLIANCE UNDETERMINED
V CONCLUSION:
It has been determined that a building permit application could
not be approved based on the plan as submitted by Ocean Reef
Club, Inc. . Any subsequent building application must reflect
plan revisions in accordance with the observations included in
this report .
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DAOCEAN. 09/TXTDR, 080598, 94032
cc: Director of Planning
Development Review Coordinator
County Biologist
Applicant/Agent
Reading File
Page 7
DAOCEAN. 09/TXTDR, 080598, 94032
RESOLUTION NO. P50-95
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING THAT THE BOARD OF COUNTY
COMMISSIONERS APPROVE A DEVELOPMENT AGREEMENT
BETWEEN OCEAN REEF AND MONROE COUNTY CONTAINING
SEVEN MAP AMENDMENTS, TWO MINOR CONDITIONAL
USES, TWO MAJOR CONDITIONAL USES, AND THREE AS
OF RIGHT PROJECTS WITHIN THE CONFINES OF OCEAN
REEF CLUB, MONROE COUNTY, FLORIDA.
WHEREAS, the Monroe County Planning Commission during a
regular hearing held on August 16th, 1995, conducted a public
hearing on the development agreement filed by the Ocean Reef
Club requesting that seven map amendments, two minor conditional
uses, two major conditional uses, and three as of right projects
be encompassed into one development agreement; and
WHEREAS, the Planning Commission was presented with and
has considered the following evidence, which by reference is
hereby incorporated as a part of the record of said hearing:
1 . The development agreement filed by Fred Tittle on May 26,
1995; and
2 . The sworn testimony of the Growth Management Division
staff, and the comments of Garth Coller, Esquire, Planning
Commission Counsel; and
3 . Presentations by Fred Tittle, Counsel representing the
Ocean Reef Club; and Donald Craig, planning expert; and
WHEREAS, this development agreement will be entered into
between Monroe County, as a political subdivision of the State
of Florida, and the Ocean Reef Club; and
WHEREAS, after due public notice, the Monroe County
Planning Commission has conducted a public hearing, invited
public comment, heard testimony, and received numerous exhibits;
and
WHEREAS, the Planning Commission has made the following
Findings of Fact and Conclusions of Law, based upon the above
presentations and evidence presented, and we find that :
1. The parties recognize the binding effect of both Florida
Statutes Section 163 .3227 and Monroe County Code (MCC)
Sections 9 . 5-101 and 9 . 5-102 with regards to the
requirements as to the form and content of this Agreement;
and
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DAOCEAN. 12/TXTDR, 080598 Initials
2 . The development agreement shall only remain in effect for
ten (10) years after its effective date; and
3 . The applicant has formally withdrawn one minor conditional
use request known as Project "A" from the requested
development agreement; and
4 . The development agreement shall be contingent upon the
approval of the seven rezonings agendaed before the Board
of County Commissioners on October 3rd, 1995 ; and
5 . The conditional uses are also considered to be an integral
part of the development agreement and shall specifically
supersede Section 9 . 5-72 (a) (1) and shall require instead
that the application for a building permit or permits shall
be made within eight years of the date of the approval of
the conditional use, and that all required certificates of
occupancy shall be procured within ten years of the date of
the approval of the conditional use; NOW THEREFORE,
BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY,
FLORIDA, that the preceding Findings of Fact and Conclusions of
Law, support their decision to APPROVE the Development
Agreement, as amended, and attached and incorporated herin, as
if set forth in full, as Exhibit 1.
PASSED AND ADOPTED by the Planning Commission of Monroe
County, Florida, at a regular meeting held on the 16th day of
August, 1995 .
Chair Haskell YES
Vice-Chair Hansley YES
Commissioner Chaplin YES
Commissioner Mannillo YES
Commissioner Nugent YES
PLANNING COMMISSION OF
MONROE COUNTY, FLORIDA
BY
Monica Haskell, Chair
Signed this day of , 1995
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