Item L3IJ4 V V 0 J) ki W-1bi pi 0 1 V) V41 05
Meeting Date: November 16, 2011 Division: Growth Management
Mulk Item: Yes No X Department: Planning & Environmental Resources
Qtaff Contact Person/Phone #: Christine H mley —,282-25OR
Joseph Haberman - 289-259
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ITEM BACKGROUND:
In August, 2011, staff determined two primary performance criteria had been breached, according to the
Development Agreement. As of November 1, 2011, KLOR has provided evidence that they have applied for
ston-nwater, water distribution and fire suppression, and sewer transmission permits. Landscaping and roads
have not been applied for, but should proceed following approval of a revision to the Conditional Use. Further
KLOR needs to record a restrictive covenant, which staff will be providing as a typical document for
recordation.
KLOR submitted a new major deviation to their major conditional use permit on October 11, 2011 and the
revision is scheduled for DRC review on November 8, 2011. Planning Commission public hearing is expected
to occur on December 1, 2011.
P.'U17104'S'.'U' Lbhl'211T BOCC ACTRYA:
In 2006, the County entered into the 7-year Development Agreement with KLOR to comply with a mediated
settlement agreement. The Development Agreement provided conceptual approval of a plan to redevelop the
site and required KLOR to obtain a major conditional use permit to approve the site plan.
August 17, 2011 — BOCC continued the item to November 16, 2011, meeting in Key Largo
TOTAL COST: INDIRECT COST: —BUDGETED:
FITI- "W-9- "Cy
COTO COUNTY:
• �11 Wadlxm�
POURCE OF FUNDS:
11�'11131018QVW W oijrj
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required_
DISPOSITION: AGENDA ITEM -0
ORESTES LOPEZ-REC10
A R C H I T E C T
STATE REG NCk AR0009350
zm�#
Christine Hurley, Director
41inria Gtyntj
2798 Overseas Highway
Suite 400
Marathon, Florida 33050
2. South Florida Water Management, Environmental Resource Permit New Construction, issued
November 9, 2009, modified on May 25, 2011
'The following permit has been applied for and is pending issuance—.
FKAA Water Main Permit
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DacK-up rrl-al—en-al tortne at)ov-.
referenced.
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14101:10(bitAIIIIII if # a 0 11 fill
NPThe Law Offices af Kent Harrison Robbim
11 I i
1�;� �jju jr47J
530 Whitehead StIII
Key West, Florida 33040
Re: Key Largo Ocean Resorts Co-op, L=, Extension of Duration of Developmcnt
Aigreement.
Dear Mayor Carruthel
I represent Key Larp Ocean Resorts Co-op, Inc. CICLORr.)
As you know an Jamuffy 31, 2006, KLOR and Mmime County entered into a Development
Agmment.
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i;,i11T111Ak11tAA lolls) 1rwelsth J� I l#1 Jlk',*:J1q1 fM1ML,:I7jrt I
9i llits W ;r!qmlt;l;ksulk 0 - ll 11 1 11 k I I tja I !I; k
in the preservafion area as well as provided a 40% increase in the open space. It also added
paddng spaces and reduced the projected cost of infiastructure redevelopment in an amount in
excess of $1,000,000.00.
AN
Monroe County :It 1 g sion fbr qiproval. The architea and Mmey for KLOR
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Staft of FloridL Becausle there an outstanding questions of whether and when that land was
submerged Emd filled, the appropruft remedy to be sought has not been detennined. The
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VAM Une q U appruNgn-T, M4UW1MWffl JF=JrL—
may 1eed 11 1e further modified because of t1e 1tle isisues.
years and to extend the time to submit permits by 3 years in order to meet all development
requ==ts under the Agreement
Given that Monroe County has already received ffie benefit of KLOTVs. removal of au of the
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time requested herein should be granted.
all r1 cl sl 1 c l'on aArat the Develmm,,a(! ' —m.�-.TwTI-W ne 1PTd ft
m-M
County Admhdshvbor
1100 Simonton Street, Rm. 2-2W
Key Wes% Florida 33040
F]
Florida Department of
F Environmental Protection
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
jmrA�
Mr. Jim Muller
Muller and Associates, inc.
3808 Sally Lane
Tallahassee Florida 32312-10131
Re Key Largo Ocean Resorts, Monroe County
Rick Scott
Governor
Jennifer Carroll
Lt. Governor
'UG 0 12011
Uo"OE COUNV
A=4
This is in response to mquuy to the Division of State Lands regarding the
Board of Trustees of the internal Improvement Trust Fund of the State of
1-Ugo Ocean Resort- The subject lands are located in Section 13, Township 62
Q r-futh, Range 38 East Monroe County.
Our records indicate that portions of the submerged lands previously
conveyed by Board of Trustees Deed Nos. 24107,24151, and 21847 were
reconveyed. to the state by Deed recorded in Book 5M Page 22, Monroe
County Official Records. Subsequent to this reconveyance it appears that
some additional filling along the shoreline occurred. However, historic amid
evidence indicates the fill occurred prior to July 1, 1975. Therefore, it appears
that the uplands located within the boundaries of the reconveved
Thank you again for your inquiry. If this office can be of any finther
nssistance Marding this i 1140
www.depstate.ffus
MMR��
July 28, 2011
Page two
WNW Q
Sincerely,
Terry E. Wilkins
6Wflkins• Chief
Bureau of Survey and Mapping
Division of State Lands
TEW/xrqk
enclosures
cc: Jody Miller, DEP/BSM
Gus Fjos, SLERP/ Marathon
Mike Long, DEP/DSL
Jesus F. Bujan, PA
Odalys Sierra, Luis A. Gonzalez and Orddia Gonzalez
Kent Han -ism Robbins, Atty
1'.� • ! a B. ShillirqG Monroe Co. At/ qOce
John Wolfe, Monroe County Plaruung Corninission
Pick Scou
Florida Department of Governor
Environmental Protection Jennifer Carroll
Malory Stoneman Douglas Building Lt. Governor
3900 Commonwealth Boulevard
Tallahassee. Florida 32399-3000 Herschel T. Vinyard Jr.
Secretary
ra • M92 =C-ALK97.
5751 SW 59th Place
South Miami, Florida 33143
Re: Key Largo Ocean Resorts, Monroe County
� a . , a 0 4 6 UXT R' I
This is in response to your letter dated July 11, 2011 that was copied to the
State of Florida Board of Trustees of the Internal irnprovement Trust Fund
regarding the ownership of uplands and submerged lands at the Key Largo
Ocean Resort. The subject lands are located in Section 13, Township 62 South,
Range 38 East, Monroe County.
the sh��reline occurred. However, WAStAoric aerial evidence indicates the fill
occurred prior to July 1, 1975. Therefore, it appears that the uplands located
within the boundaries of the reconveyed submerged lands may not be state
owned, and would qualify for a Certificate from the Board of Trustees per
Section 253.12(9)&(10), Florida Statutes if all additional criteria are met You
may contact Jody Miller at (850)245-2802 for further information about the
process to apply for a certificate per said statute.
Thank you again for your inquiry. If this office can be of any further
mistance regardine this ldetem7z --dnati -t ad,
eaRp
July 28,2011
Page two
l:<2 < d >
P @771 M.1 i kM MFT' ITC5
Sincerely,
� � \�� »
Tferry Ef. Wffidnsormi,
Bureau of Survey and Mapping
Division of State Lands
TEW/mjk
enclosures
cc: Jody Miller, DEP/BSM
Gus Rios, SLERP/Marathon
Mflke Long, DEP/DSL
Jesus F. Bujan, PA
jim Muller, Muller and Associates, ffic.
Kent Harrison Robbins, Atty
Robert B. Shiffinger, Monroe Co, Attorney's Office
John Wolfe, Monroe County Planx-dng Commission
r r,-,,. 19 Ij =4
luck Scott
Florida Department of Governor
Environmental Protection Jennifer Carroll
Marjory Stonamn DougW 8uilding Lt Governor
3900 Commonwealth Bottlevard
Tallahassee. Florida 32399-3()Oo Herschel T. Vinyard Jr.
secretary
M(+yr:�rW
Mr. Jesus F. Buian, PA
Fleitas, Bujan & Fleitas, LLP
#cean, Bank Building
WlenTAA., �--I
Re: Key Largo Ocean Resorts, Monroe Courtin
-KrA2*-� tKFNiy,—��
Trustees of the Internal hnproveinent Trust Fund of the State of Flonda's
oftnt of ownership in the uplands and submerged lands at the Key Lugo
Ocean Resort The sub*ct lands are located in Section 13, Township 62 South,
Range 38 East, Monroe County.
Our records indicate that portions of the submerged lands previously
conveyed by Board of Trustees Deed Nos. 24107, 24151, and 21847 were
reconveyed to the state by Deed recorded in Book 503 Page 22, Monroe
County Offidal Records. Subsequent to flus reconveyance it appears that
some additional filling along the shoreline occurred. However, histonc aenal
evidence indicates the fill occurred prior to July 1, 1975. 7berefore, it appears
Thank you again for your inquiry. If this office can be of any further
rep-ardine this d Lrati •- MWIN 'A9M'V."A.'FdLI
ko I �Zr- I *I$III;,NU4Ii(Q •IV (I M C4Z!AG) d @�At;qv4tj I ks) I
Sincerely,
Terry E. Wilkinson, Chief
Bureau of Survey and Mapping
Division of State Lands
TEW/n-q'k
enclosures
cc: Jody Miller, DEP/BSM
Gus Rios, SLERP/ Marathon
Mike Long, DEP/DSL
Jim Muller, Muller and Associates
Odalys Sierra, Luis A. Gonzalez and Orudia Gonzalez
Kent Harrison Robbins, Atty
Robert B. Shillinger, Monroe Co, Attorney's Office
John Wolfe, Monroe County Planning Commission
- ;; I . 9 —. -- n. * = �-- I