Item H3
LAND AUTHORITY GOVERNING BOARD
AGENDA ITEM SUMMARY
Meeting Date: AUQust 17, 2005
Division: land Authoritv
Bulk Item: Yes No .lL
Staff Contact Person: Mark Rosch
Agenda Item Wording: Approval to purchase property as affordable housing sites - Block 8, lots 8-
11, Cutthroat Harbor Estates on Cudjoe Key.
Item Background: This acquisition is proposed in furtherance of the Board's policy to establish a
"land bank" of affordable housing sites.
The subject property consists of 1.15 acres of disturbed land between US 1 and La Fitte Drive on the
oceanside of Cudjoe Key near MM 22.5. The property is zoned Suburban Commercial (SC), which
allows for the development of up to 13 units of affordable housing. The Planning Department's review
indicates the property is buildable and is not a wetland, although there are some buttonwood trees
present Coordination with the US Fish and Wildlife Service will be required because the property is
included on that agency's list of possible habitat for federally protected animal species. See the
attached letter from Planning Director Marlene Conaway for further details.
The Executive Director has executed the Land Authority's standard purchase contract for this
transaction. The agenda packet spreadsheet lists the legal description, purchase price, and estimated
closing costs.
Advisory Committee Action: On July 27,2005 the Committee voted 3/0 to approve the purchase of
this property.
Previous Governing Board Action: N/A
Contract/Agreement Changes: None.
Staff Recommendation: Approval
Total Cost: $513,218.50
Budgeted: Yes ~ No_.
Cost to Land Authority: $513,218.50
Source of Funds: Land Authoritv
(Tourist Impact Tax and State Park Surcharge)
Approved By: Attorney ~ County Land Steward
Executive Director Approval:
~.\ ~
(Mark J. Rosch
Documentation: Included: ~
To Follow:
Not Required:
Disposition:
Agenda Item
Property
Cutthroat Harbor Estates
Block 8, Lots 8 - 11
(The Fey Group, LlC)
Purchase
Price
$500,000.00
PURCHASE CONTRACTS
08/17105
Envr. Audit, Survey,
Appraisals or Title
Clean-up Insurance
$10.000.00 $2,700.00
Attorney
Fee
$500.00
Recording
Fee
$18.50
Acquisition
Total
$513,218.50
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PlANNING l>EI'A.RTMENT
Suite 400
2798 Overseas Highway
l\'1arathon, Florida 33050
Voice: (305) 289-2500
FAX: (305) 289-2536
BOARD OF COUNTY COMMISSIONERS
Mayor Dixie M. Spehar, District 1
Mayor Pro Tern, Charles McCoy, District 3
Cmnm. Murray E. Nelson, District 5
Cornm. George Neugent, District 2
Cornm. David P. Rice, District 4
Ju]y 25, 2005
Mark J. Rosch
Executive Director, Monroe County Land Authority
1200 Truman Avenue, Suite 207
Key West 33040
SUBJECT: DEVELOPMENT POTENTIALS OF LOTS 8 THROUGH 11, CUTTHROAT
HARBOR, CUDJOE, MONROE COUNTY FLORIDA.
Dear Mr. Rosch:
Pursuant to your request, this letter is intended to inform you of the development potentials of four (4) lots
on Cudjoe Key primarily for affordable housing development. The information provided below is based on
the property appraiser's records and the Planning Department GIS and other resources.
I. The subject properties include four (4) contiguous lots on the Gulf side of US 1 Hv.y. The lots are
described as Block 8, lots 8 through 11, Section 28, Township 66, Range 28, Cutthroat Harbor Estate,
PB416S, Cudjoe Key, Monroe County, Florida, The Real Estate Numbers are 00] 78350.000000,
00178360.000000,00178370.000000, and 00178380.000000. According to the Property Record Card,
each lot is approximately 12,500 SF. Total gross area of the four (4) lots is 50,000 SF or approximately
I. 15 acres.
2. The current Land Use District (Zoning) Map indicates that all four (4) lots are in the Sub Urban
Commercial (SC) Land Use District and the Future Land Use Map (FLUM) designations arc Mixed
Use/Commercial (MC).
3. The parcels are designated as Tier 3 in the proposed Tier System. The official County Habitat Maps
designate the parcels as "disturbed", with an open space (undeveloped area) requirement of 20%. The
parcels are not identified as containing wetlands on the County Advanced Identification of Wetlands
(ADID) maps, nor do they meet the wetland criteria contained in Chapter 62.340, F.A.C., utilized by
Monroe County, the Florida Department of Environmental Protection (FDEP), and the South Florida
Water Management District (SFWMD). The local representative of the U.S. Army Corps of Engineers
(COE) was contacted and stated that he is in agreement with these findings.
4. Pursuant to Section 9.5-206 of the Monroe County Land Development Regulation (LDRs), the purpose
of the Sub Urban Commercial District (SC) is to establish areas for commercial uses designed and
intended primarily to serve the needs of the immediate planning area in \vhich they are located. Section
9.5-235 oftbe LDRs specifies the range of uses permitted in the SC zoning district:
AS:Qi~Right Uses:
Low and medium intensity retail and office uses under 2,500 SF;
. Commercial apartments involving less than six (6) units;
Attached and unattached residential dwellings involving six (6) units, designated as employee
housing;
. Commercial recreation such as a theater or health club;
Institutional or public buildings;
Accessory uses;
Storage area of up to 25% ofthe parcel's gross area.
Mingr Conditional Uses:
High intensity retail uses less than 2,500 SF;
. Low and medium intensity retail and office uses over 2,500 SF but less than 10,000 SF;
Light industrial;
. Commercial apartments between 6 and 18 units;
. Attached and unattached residential dwelling units involving 6 to 18 units, designated as employee
housing;
Parks or community parks.
Maior Conditional Uses:
. High intensity commercial retail uses of greater than 2,500 SF;
Low and medium intensity commercial uses greater than 10,000 SF;
Institutional residential uses involving 20 units and more;
· Hotels providing 25 units and more;
Attached and unattached residential units involving more than 18 units designated as employee
housing;
Mariculture (such as shrimp farming);
· Storage area more than 25%.
5. Pursuant to Section 9.5.269, the following Non.Residential Floor Area Ratios (FAR) apply to SC:
Commercial retail:
Low intensity
Medium intensity
High intensity
0.35
0.25
0.15
Office
Commercial recreational
Institutional
Outdoor recreational
Public buildings and uses
Light industry
0.40
0.10
0.30
0.10
0.30
0.30
In addition, the allocated residential density for commercial apartments is three (3) units per acre, and
the maximum net density is 15 units per bui Idable acre for employee housing and six (6) units f()r
market rate housing using Transferable Development Rights (TDRs).
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6. The minimum environmental open space ratio for a disturbed property is 0.20 of the lot's gross area.
Open space means that portion of any parcel or area of land or water, which is required to be
maintained such that the area within its boundaries is open and unobstructed from ground to sky.
7. The maximum number of affordable/employee housing that can be permitted for lots 8, 9, 10, and II is
based on the net buildable area per acre multiplied by 15 (maximum net density). Pursuant to Section
9.5-4(N-4), net buildable area means that a portion of a parcel ofland which is developable and is not
open space or the required minimum buffer-yard or the setbacks. The total number of
affordable/employee housing for the four lots is calculated using the following methodology.
Option 1, Individual Lots:
Each lot is approximately 12,500 SF or 0.29 acre.
Required open space is 20% of the gross area.
I - 0.20 = 0.80 therefore, 80% of each lot will be available for development.
0.80 X 0.29 = O. 23 acre is net buildable area,
0.23 X 15 = 3.45 or three (3) units of employee housing at maximum net residential density of 15 units
per buildable acre. Total number of employee housing units for the four (4) lots will be 12 units.
Option 2, Lot.s Combined~
The combined total area of the four (4) lots is 50,000 SF or 1.] 5 acres.
Required open space is 20% of the gross area.
1 - 0.20 = 0.80, therefore 80% of the parcel will be available for development.
0.80 X 1.] 5 = 0.92 acres is net buildable area.
0.92 X 15 = 13.8 or thirteen units of employee housing at maximum net residential density C?f 15 units
per buildable acre.
Total number C?f employee housing units for the four (4) lots combined will be 13 units.
The above fonnula can be modified to calculate different options including a reduced number of
affordable/employee housing in exchange for non-residential floor area.
8. Pursuant to Section 9.5-266(a)(8), if an affordable or employee housing project or an eligible
commercial apartment(s) designated for employee housing contain(s) at least five dwelling units, a
maximum of twenty (20) percent of these units may be developed as market rate housing dwelling
units. The market rate units shall remain as an integral part of the affordable or employee housing
project.
9. The following standards shall apply:
MINUMUM YARDS - SECTION 9's-281
Front Yard: 25 feet
Rear Yard: 10 feet
Side yards: 10 feet with a total of I 5 feet for both side yards.
OFF STREET PARKING -- SECTION 9.5-351
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Multifamily-residential units require 1.5 parking spaces per unit and single family dwelling units
including mobile homes on individual lots require two (2) spaces per dwelling unit or mobile
home.
The number of handicapped parking spaces must follow the prOVIsions of Chapter 6, which
incorporates by reference the Florida Accessibility Code for Building Construction.
PARKING LOT LANDSCAPING - SECTIONS 9.5-361 AND 9.5-362
If an off-street parking area containing more than six (6) spaces is proposed in the SC Land Use
District, Class "A" parking lot landscaping standards will apply, which require 1500 square feet of
planting area, five (5) canopy trees, one (1) understory tree, and twelve (12) shrubs per 24 spaces,
or proportional amount.
PROTECTED ANIMAL SPECIES
The official County Protected Animal Species Maps do not designate the subject parcels as known,
probable, or potential habitat for any animal species. However, the U.S. Fish and Wildlife Service
(FWS) has not excluded these parcels as habitat for listed animal species. Therefore, coordination
with the FWS will be required prior to application for development.
· STREET TREES ~ SECTION 9.5-366
All street fronts not required to provide a scenic corridor or bufferyards shall plant street trees,
Since these parcels require bufferyards along both U.S. Highway One and LaFitte Road, this
regulation does not apply.
. DISTRICT BOUNDARY BUFFERS- SECTION 9.5-377
Bufferyards along district boundaries shall be provided:
The district boundary bufferyard between these Sub Urban Commercial (SC) parcels and the
Improved Subdivision (IS) district to the south is a Class "D" bufl'eryard, consisting of a minimum
width of 20 feet with 6.6 canopy trees, 3.3 understOlY trees, and 28 shrubs per lOO feet of road
frontage. Plant numbers are reduced for wider butreryards (25',30', & 35').
The district boundary bufferyard required between the subject SC parcels and the Commercial
Fishing Area (CF A) district to the east is a Class "G" bufferyard, consisting of a minimum width of
five (5) feet, with one (I) canopy, three (3) understory, and 30 shrubs per 100 feet of boundary,
Planting requirements are reduced if a 6 foot wooden fence is installed.
The U.s. Highway One frontage requires a Class "c" major street buffer, consisting of a minimum
width of 1 0 feet with 5 canopy trees, 2 understory trees, and 20 shrubs per lOO feet of frontage.
Planting requirements are reduced for wider bufferyards (15', 20', & 25').
10. Review and approval of local departments and state agencies including Monroe County Fire Marshall
and Florida Department of Health (DOH) shall be required. Letters of coordination must be submitted
with the application for a building permit.
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If this property is subject to a conditional use approval, the Planning Commission is empowered under
Section 9.5-63 to modifY or deny any application based on their review of the appropriateness of the
proposed development within the context of surrounding properties and compliance with the LORs and
2010 Comprehensive Plan, In Section 9.5-65 the Planning Commission and the Planning Director are
required to consider all aspects of the development, impacts 011 the community and consistency with the
goals, objectives and standards of the plan and LDRs before granting conditional use approval, approval
with conditions or denial of a project. Therefore, the intensities, densities and possibilities for setback
waivers detailed in this letter are subject to the Planning Commission and/or the Planning Director
conditional use review and approval.
Pursuant to Section 9.5-43 of the Monroe County Land Development Regulations (LDRs), you are entitled
to rely upon the representations set forth in this letter as accurate under the regulations currently in effect.
This letter does not provide any vesting to the existing regulations, if the Plan or LDRs arc amended the
property and/or project will be required to be consistent with all goals, objectives and standards at the time
of development approval. The information provided in this letter may be relied upon, with the previous
disclaimers, for a period of three years. The Planning Director upon the request of the landowner may
review and reaffirm the representations set forth in this letter for an additional period of time.
Sincerely,
r~
K. Marlene Conaway
Director of Planning and Environmental Resources Department
Cc: Timothy J. McGarry, AICP, Director of Growth Management
Ervin Higgs, Property Appraiser
Beth LaFleur, Lower Keys Island Planning Team Director
AreI' Joulani, Senior Administrator of Development Review and Design
Ralph Gouldy, Senior Administrator of Environmental Resources
5
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Mile Marker
22.7
Island
CUDJOE
Property
CUTTHROAT HARBOR ESTATES