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Item R2
R.2 County f � .�� ��� BOARD OF COUNTY COMMISSIONERS Mayor David Rice,District 4 Mayor Pro Tem Craig Cates,District 1 The Florida Keys ' Y � ��F' Michelle Coldiron,District 2 Vacant,District 3 --' Holly Merrill Raschein,District 5 County Commission Meeting February 16, 2022 Agenda Item Number: R.2 Agenda Item Summary #10234 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2500 1:30 P.M. PUBLIC HEARING AGENDA ITEM WORDING: Approval of a Resolution and Development Agreement between Monroe County, Florida and SH Marinas 6000, LLC. The Requested Development Agreement relates to the Proposed Redevelopment of Stock Island Harbor Yacht Club to include one hundred and seven (107) attached residential dwelling units to be utilized as short-term vacation rental units, up to forty-one (41) transient hotel room units, and three (3) affordable dwelling units. Structures may not be higher than 40 feet from grade. The subject property is described as Section 36, Township 67 South, Range 25 East, Stock Island, Monroe County, Florida, currently having property identification number 00127480-000000. ITEM BACKGROUND: The applicant SH Marinas 6000, LLC ("applicant"), has requested for the Monroe County Board of County Commissioners ("BOCC or "Board") to approve this development agreement relating to the "Stock Island Harbor Yacht Club" property located at 6000 Peninsular Avenue, Stock Island, Monroe County, Florida. The applicant is seeking to develop the property with up to one hundred and seven (107) short-term vacation rentals constructed as one hundred and seven (107) attached residential dwelling units, up to forty-one (41) transient hotel dwelling units, and three (3) affordable dwelling units. Packet Pg. 3277 R.2 Alls Subject Property with Land Use District Overlaid(Aerial dated 2018) As noted herein, the applicant's partial redevelopment of this property currently known as the "Stock Island Harbor Yacht Club" ("SIHYC"), formerly known as the "Key West Harbor Yacht Club", would include: • Developing the property with up to one hundred and seven (107) vacation rental units, constructed as one hundred and seven (107) attached residential dwelling units; • A maximum height for structures of 40 feet from grade; and • The transfer of one hundred and four (104) market-rate trans fer-of-RO GO exemptions ("TREs") and the transfer of eighteen (18)transient TREs to the property. The development agreement the applicant has requested BOCC approval of would: • Allow developing the property with up to one hundred and seven (107) vacation rental units constructed as one hundred and seven (107) attached residential dwelling units; • Allow transferring one hundred and four (104) market-rate trans fer-of-RO GO exemptions (TREs) and eighteen (18)transient TREs to property; • Approve construction up to a maximum height limit of forty (40) feet from grade; • Outline required County development permits including a major conditional use permit(s), minor conditional use permit(s) for transfers, and building permits. • Provide a duration of ten (10) years to complete the work referred to herein. Note, however, that Florida Statute Section 163.3229 (2021) provides that "[t]he duration of a development agreement may not exceed thirty (30)years, unless it is extended by mutual consent of the governing body and the developer, subject to a public hearing in accordance with s. 163.3225 (2021)." At the Board of County Commissioners' January 21, 2022, public meeting, pursuant to item no. R2 in the Board's January 2022 meeting agenda, the BOCC approved the applicant's request, submitted by Bart Smith, Esq., for the BOCC to voluntarily renounce and abandon a public right-of-way located on Peninsular Avenue, Stock Island, Monroe County, Florida, in favor of the applicant. This Packet Pg. 3278 R.2 request for BOCC approval of a development agreement likewise stems from an application filed by Bart Smith, Esq. The Monroe County Planning Commission ("Planning Commission") held a duly noticed public hearing on November 16, 2021, at which public comment was taken, and at which the Senior Director of the Planning and Environmental Resources Department ("Department"), the Department's Senior Planning Policy Advisor, the Department's Assistant Director of Planning, and the Department's Development Review Manager, provided the Planning Commission with their expert professional opinions. Backup documentation included by the Department's professional staff included the 2006 County Letter of Development Rights Determination ("LDRD") issued for the property. The County noted in the 2006 LDRD that the applicant had asserted "that the existing live- aboard vessels are lawfully established and thereby exempt from the Residential Rate of Growth Ordinance (ROGO)." The County in response, on page 8 of 12 of the LDRD, recognized the lawful existence of"fifty (50) live-aboard vessels" on the property. The County further stated, on page 9 of 12 of the LDRD, that: "Live-aboard vessels are considered dwelling units for density purposes. A live-aboard vessel may be deemed permanent or transient, depending on the nature of how the live- aboard vessel's wet slip has been lawfully used. However, a live-aboard vessel may only be replaced by another live-aboard vessel and thereby cannot be transferred upland." While an appeal could have been filed to dispute the County's findings or conclusions in the LDRD, no appeal was taken. The Department's professional staff, at the above-referenced November 2021 public hearing, advised the Planning Commission that using the previously recognized live-aboards for purposes of upland density or counting them for use as upland density was not allowed at the time of the LDRD's issuance nor is presently allowable. The Planning Commission, after an initial motion recommending approval in favor of the applicant's request to be able to utilize the previously recognized live-aboard vessels for use as upland density failed for lack of a second, unanimously voted to approve the application consistent with the Planning and Environmental Resources Department's recommendation that approval should granted with the stipulation that the previously recognized live-aboards cannot be used for purposes of upland density, as follows: 1. That all mentions of the use of max. net without TDRs and any use of live-aboard density as applicable to upland development be removed from the Development Agreement to be in compliance with Monroe County Comprehensive Plan Policy 101.13.2. 2. The applicant must transfer in TDRs to make up the difference between allocated density and max. net density on the site. 3. Reference to associated Zoning Amendment adoption and effectiveness prior to effectiveness of Development Agreement. The County cannot enter into the agreement until the proposed Map Amendment becomes effective. Once the development agreement is approved by the BOCC, the project will require a Major Conditional Use Permit, which has been submitted to Planning and Environmental Resources Department as Major Conditional Use Permit File No. 2021-195. Packet Pg. 3279 R.2 CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Staff recommends approval with the changes outlined in the Staff Edits to the Development Agreement. DOCUMENTATION: 2020-047 Staff Report BOCC 2020-047 BOCC Resolution KWHYC Development Agreement Draft From Applicant KWHYC Development Agreement Draft with Staff Edits Exhibit A Legal Description Exhibit B Warranty Deed Exhibit C Conceptual Site Plan Approved November 16, 2021, Planning Commission Meeting Minutes 2006 LDRD FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: N/A Additional Details: REVIEWED BY: Emily Schemper Completed 02/01/2022 6:42 AM Peter Morris Completed 02/01/2022 4:13 PM Purchasing Completed 02/01/2022 4:15 PM Budget and Finance Completed 02/01/2022 4:40 PM Packet Pg. 3280 R.2 Maria Slavik Completed 02/01/2022 4:41 PM Kathy Peters Skipped 02/01/2022 5:12 PM Liz Yongue Completed 02/01/2022 5:19 PM Board of County Commissioners Pending 02/16/2022 9:00 AM Packet Pg. 3281 R.2.a �vFJ x H MEMORANDUM MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT To: Monroe County Board of County Commissioners Through: Emily Schemper, AICP, CFM, Senior Director of Planning & Environmental Resources From: Brad Stein, AICP, Planning and Development Review Manager 0) Date: January 31, 2022 2 Subject: Request for a Development Agreement between Monroe County, Florida and SH Marinas 6000, LLC. The requested agreement relates to the proposed redevelopment of Stock Island Harbor Yacht Club to include one hundred and seven (107) attached residential dwelling units to be utilized as vacation rentals, up to forty-one (41) transient hotel room units and three (3) affordable dwelling units. No structures will be higher than 40 feet. The subject property is described as a parcel of land in Section 36, Township 67 South, Range 25 East, Stock Island, Monroe County,Florida, having Parcel ID number 00127480-000000(File#2020- 047) Meeting: February 16, 2022 2 I REQUEST: U 3 The requested development agreement involves the partial redevelopment of the Stock Island 4 Harbor Yacht Club (SIHYC) formerly known as the Key West Harbor Yacht Club. The 0 5 proposed development will include up to one hundred and seven (107) attached residential r_I 6 dwelling units to be utilized as vacation rentals, up to forty-one (41) transient hotel dwelling 7 units and three 3) affordable dwellin units at 6000 Peninsular Ave Stock Island Florida. AA E r + 4f; � I li 8 9 Subject Property highlighted in blue (Aerial dated 2018) BOCC Staff Report File 4 2020-047 SIHYC Development Agreement pag Packet Pg. 3282 R.2.a 1 H BACKGROUND INFORMATION: 2 3 Address: 6000 Peninsular Avenue, Stock Island, mile marker 5.5 (Oceanside of US 1) 4 Property Description: The subject property is described as a parcel of land in Section 36, 5 Township 67 East, Range 25 South, Stock Island, Monroe County, Florida 6 Parcel ID Number: 00127480-000000 7 Property Owner/Applicant: SH Marinas 6000, LLC 8 Agent: Bart Smith 9 Size of Site: 13.14 acres of upland and 18.9 acres of submerged land. E 10 Land Use District: Mixed Use (MU) 2 11 Future Land Use Map (FLUM) Designation: Mixed Use/Commercial (MC) 12 Tier Designation: IH Infill Area 13 Existing Use: Marina, light industrial, commercial retail, residential and boat storage 14 Existing Vegetation/Habitat: Predominately developed and scarified,with mangrove fringe 15 along water on outer perimeter shorelines c, 16 Community Character of Immediate Vicinity: The property is surrounded with a mix of 17 uses including marina, commercial retail, commercial fishing, industrial use and residential 18 dwellings 19 20 HI RELEVANT PRIOR COUNTY ACTIONS: 21 s 22 On December 1, 2006, the Planning & Environmental Resources Department issued a Letter U) 23 of Development Rights Determination (LDRD)providing the amount of lawfully-established c, 24 nonresidential floor area and dwelling units on the subject property. (Planning Department 25 File 426112) i Lawfullya rablished Non-residential Fluor Area: 0 p a t Arva A rej Two-Sl orb t BS I1maaldam i 1122'4 O1J0('4 't 'r'tl 0 n 00 th' t) Atlµached %h' tal llaral� jar % tllll'74��wt10t'! 03 dG ..,, CD m N1I27480,000W) r 1,093 112„ 3 1.0213 1 . ' CD CBS Fish l leaea k tl01214 0 Il 4,813 It c14 lata kae 1 e)01 4 tra0fXXil Ott UtIlit1 Shed CWH271481 tl 24 tt;� 240 W' ai utildt`� She Ck11224- JAMNX10 21b fV 2l�IV- E latul9t« dl t1C112i l l drt`m(XV0 .to ll= �i#- t UtilityhM „ .,,. -mot 1274 1 0O 00 2 t 117 G 201 W C gallop ° 1stC.�6 ft' 0 W, � eC � � 1;t� iraml r C ,en�F � t kl2 CY,l�t1 1d111t lry fV 0 it t l sa�at �rara i a al l r r ,3 I W _ hursu arat to Administrafive Interpr at.i{aa-a,,, o. 0 l2 1 and MCt, l c.�,,. .r 124 2(d)> canopies [ rntrtled i trace* the a. al t e ra e,l t :,(,) may not be ench,'ised or converted ma° Jacarares,0 la al Ihxsrarea without a I4aey 966 h2' and, 2P 1N W canopies, m- a'v be replaced by t10141 Caarae pic,s, beat non a nckpiei or com'envd to nonresi&Iat A floor area wilhoeat a a lkx,a t non, 26 BOCC Staff Report File 4 2020-047 SIHYC Development Agreement Pag Packet Pg. 3283 R.2.a Lawltilly-Established Residential Dwelli:i g UnIts, �iW'fiY�&1"rddyt RE.Vdd)&r LX)S'w12�� j EA-eliJ7rnf °T°w o.Aory CEf�Resid€'r 'i 001,2 470.fX I100 2 uriitA 2 t�r�il ( i��-stop?("BS l esidence 0 0 12 74 70XXK)10 1 ani't I Lin]I I tbrle 11or6 e 1f)121 i�4 et 100 t unit l LAIlit Nlobih Home 00127480AAXX1000 I unit 1 unit total 5 units 5 niI Llve-Abel aryl Vessels rip"' 2,1/i9 54:1 ® total pJa v 5,I m rye... LiW-trbOilyd ve,'.,wls are,, Cx'm:�%ery a�dwOling uralts for cl(m-,:l-y purpe s. A live.-aboard vessel � may be denied permanent or tranzOent,depend rah can Hit-nature of how thR laps-rah. rd vessel's CD C ,A,vt slip has been lawhi fly u; d. ]loweveT. a live-aboard ve- ] rnas only be replaced by anotlt r 1 line-aNmr°d a e"s i and thereby,cannot be trans erred upland � 2 3 In 2007, Key West Marina Investments received approval for an amendment to the property's 4 major conditional use permit in order to redevelop the existing marina. The approval was 5 memorialized in Planning Commission in Resolution 4P11-07,recorded in the official records 6 of Monroe County on May 25, 2007. (Planning Department File 426093) 7 8 In addition, in 2007, Key West Marina Investments concurrently received approval for a 9 variance to the off-street parking requirements in order to carry out the scope of work for the 10 major conditional use permit. The approval was memorialized in Planning Commission 11 Resolution 4P10-07. (Planning Department File 427009) s 12 v) W 13 On September 13, 2007, a minor deviation to the major conditional use permit was approved 14 revising the architectural details and expanding the footprint of the ship store approved under 0 15 Resolution 4P11-07. The deviation increased the total nonresidential floor area of the ship store s 16 by 1,809 SF to a total floor area of 3,051 SF. The ship store was completed under Building 0 17 Permit 4071-1987 and received its Certificate of Occupancy on June 20, 2008. 18 � 19 On April 21,2008,a minor deviation to the major conditional use permit was approved revising 20 the site plan to install a swimming pool between the attached market rate dwelling units and 21 the clubhouse building. This swimming pool was completed under Building Permit 4081-1336. 22 23 On September 15, 2008, a minor deviation to the major conditional use permit was approved 24 revising the site plan to include a private 400 SF tiki hut/bar, a 355 SF bathroom facility 25 building, and associated improvements at the end of the jetty in the southern portion of the 26 parcel. The tiki bar and bathroom facilities were permitted under Building Permit 4081-2671. 27 (Planning Department File 428078) <C 28 29 On December 29, 2008, a minor deviation to the major conditional use was approved revising 30 the site plan to include 3,000 SF of automobile storage in an area previously approved for two 31 tiki structures under Resolution 4P11-07 which were permitted but never built (Building 32 Permit 4071-2103); and a pergola connecting the approved clubhouse building to the attached 33 market rate dwelling units, which would serve as a covered walkway on the ground level and 34 a 580 SF covered balcony outdoor seating area for the clubhouse on the second level. A 35 building permit associated with the pergola was applied for,Building Permit Application 4081- 36 3730, but it was never issued (void) and the pergola was never constructed. It is unknown if BOCC Staff Report File 4 2020-047 SIHYC Development Agreement Pag Packet Pg. 3284 R.2.a I the 3,000 SF area approved for automobile storage continues to be used as such at this time. 2 (Planning Department File 428096) 3 4 On April 30, 2014, the Planning Commission considered a proposed major conditional use 5 application to develop a new hotel building consisting of 74 transient residential units, a 6 rooftop pool, 2,500 square feet of hotel office space, 2,000 square feet of conference/meeting 7 space, a 50-seat rooftop poolside bar and modification to the clubhouse building. The Planning 8 Commission voted to approve the conditional use permit, with conditions that needed to be 9 addressed before the approval resolution was signed; however, the applicant at the time failed 10 to comply with the conditions imposed. Therefore, no development order or Planning 11 Commission resolution was issued. 12 13 On November 16, 2021, the Planning Commission of Monroe County conducted a public 14 hearing to review and consider a request of a request filed by Barton Smith, on behalf of and E 15 SH Marinas 6000, LLC. 0 16 The Planning Commission voted to approve with the recommendation of the following: 17 18 1. That all mentions of the use of max net without TDRs and any use of liveaboard 19 density as applicable to upland development be removed from the Development 20 Agreement to be in compliance with Comprehensive Plan Policy 101.13.2. 21 22 2. The applicant must transfer in TDRs to make up the difference between allocated 23 density and max net density on the site. 24 = 25 3. Reference to associated Zoning Amendment adoption and effectiveness prior to `) 26 effectiveness of Development Agreement. 27 28 29 IV REVIEW OF APPLICATION: 30 i 31 The review of development agreements is set forth in Chapter 110, Article V, Sections 110- 32 132 and 110-133 of the Monroe County Land Development Code (LDC). The BOCC has v) 33 authority to enter into a development agreement by resolution with any person having a legal 34 or equitable interest in real property located within the unincorporated areas of the county if, 35 the development agreement meets all of the requirements of the Florida Local Government 36 Development Agreement Act, F.S. §§ 163.3220163.3243; provided, however, that the 37 duration of the development agreement shall not exceed ten (10) years, and any duration E 38 specified in a development agreement shall supersede any conflicting duration otherwise 39 specified in the Land Development Code. 40 41 The applicant is requesting the development agreement in conjunction with an associated Land 42 Use(Zoning)District amendment from Mixed Use to Destination Resort. All analysis has been 43 completed assuming the Zoning amendment is approved, and approval/effectiveness of the 44 Zoning change will be a condition of the development agreement's effectiveness. 45 46 Pursuant to LDC Section 110-133(b)(1), Requirements of a development agreement, a 47 development agreement shall include the following: 48 BOCC Staff Report File 4 2020-047 SIHYC Development Agreement Pag Packet Pg. 3285 R.2.a I a) A legal description of the land subject to the agreement, and the names of its legal and 2 equitable owners: 3 4 In the agreement, a full legal description is provided in Exhibit A. Ownership is described 5 on page 2, and provided in Exhibit B,providing special warranty deed showing ownership 6 by SH Marinas 6000, LLC of the property. 7 8 b) The duration of the agreement: 9 10 The duration is described in the agreement in Section III. Agreement Requirements, C. 11 Duration of Agreement. The proposed duration is to remain in effect for ten (10) years 12 from the "Effective Date" as defined herein, and may be extended by mutual consent of �t 13 the Parties and approval at a public hearing. 14 E 15 c) The development uses permitted on the land, including population densities, and building 16 intensities and height: 17 18 The development uses permitted are described in the agreement in Section III. D.Permitted 19 Uses. 20 21 Uses permitted are what is currently allowable within the DR Land Use (Zoning) District, 22 as set forth in Monroe County LDC Section 130-81, for as of right uses, minor conditional 23 uses and major conditional uses. 24 = 25 Density and intensity permitted under DR following the current LDC for uses proposed: `) 26 27 Land Use Intensity and Density Pro osed by the Development A reement Land Use FAR/ Size of Site Max Proposed Potential Density Allowed by D.A. Used 0 Boat Barns N/A 570,461 SF N/A 122,064 SF 0.0 %* (Light Industrial) Less boat barn i "T Commercial Retail 0.25 FAR 570,461 SF 142,615 SF 12,113 SF 8.5% v) (Low-intensity) Current � Floor area from last approved deviation P11-07 Cy Permanent Residential Allocated 13.1 acres 13 DU 56.6% of N (Market-Rate) I DU/acre (allocated) Max Net 107 units E Max Net 10.5 189 units Requires 18 DU/ buildable (max net, 94 TDRs buildable acres with 176 acre TDRs) TDRs required Permanent Residential Max Net 13.1 acres 189 units 3 units 1.6 %*** (Affordable)** 18 DU/ 10.5 buildable buildable Deed acre acres restricted affordable BOCC Staff Report File 4 2020-047 SIHYC Development Agreement Pag Packet Pg. 3286 R.2.a Transient Residential Allocated 13.1 acres 131 rooms 41 rooms 31.3% (Hotel Rooms) 10 rooms/ acre TOTAL 96.4% 1 * The total floor area of the existing boat barns does not exceed 50 percent of the net 2 buildable area.Therefore,the floor area is not considered non-residential floor area and not 3 subject to FAR under the regulations at the time these boat barns were approved. 4 ** The site may utilize maximum net density for the affordable residential dwelling units 5 without the use of TDRs pursuant to LDC Sec.13 9-1(b)(2). 6 ***Affordable units do not count against nonresidential intensity, pursuant to LDC Sec.139- 7 1(b)(5).And the total maximum net density of any such parcel shall not exceed 25 dwelling E 8 units per buildable acre for hotel/motel rooms or spaces and affordable or employee 9 housing combined. In no case shall hotel/motel rooms or spaces exceed the maximum 10 allocated density (without the use of TDRs) or the maximum net density (with the use of 11 TDRs)set forth in section 130-162.In no case shall affordable or employee housing exceed 12 the maximum net density as set forth in section 130-157. 13 iu 14 The development agreement specifically requests up to one hundred and seven (107) 15 attached residential dwelling units, which are permitted to be utilized as vacation rental 16 units, and up to forty-one (41) transient hotel room units, operating as a vacation resort 17 including associated accessory uses. The total density and nonresidential floor area 18 intensity of the site is in compliance and would not exceed the allowable quantities with 19 the use of 94 TDRs for the permanent market rate dwelling density. A conceptual site plan 20 has been submitted for review. 21 22 As stated above, the density proposed for the market rate dwellings would require the use 23 of Transferable Development Rights (TDRs) to use Maximum Net Density (max net) 24 standard. The Development Agreement alludes that this site is deemed to have max net 25 density without a requirement of TDRs. Section L Recitals G.7., and other sections i 26 throughout the proposed agreement mention that the site currently has max net. The 0 27 previous determination of the property being deemed to have max net was an 28 administrative interpretation from a previous planning director. The issue of max net has 29 been reviewed by the current Senior Director of Planning and Environmental Resources 30 and determined that the site is not deemed to have max net and the proposed use of the � CD 31 existing liveaboard vessels, as recognized in an LDRD dated December 1, 2006, may not 32 be considered upland density for development rights on the site. The LDRD expressly 33 states that a liveaboard can only be replaced by another liveaboard and cannot be 34 transferred upland. 35 36 It is recommended by staff and the Planning Commission that all mentions of the use 37 of max net without TDRs and any use of liveaboard density as applicable to upland 38 development be removed from the Development Agreement. To be in compliance with 39 Comprehensive Plan Policy 101.13.2,the applicant must transfer in TDRs to make up 40 the difference between allocated density and max net density on the site. 41 42 Policy 101.13.2 43 The Maximum Net Density is the maximum density allowable with the use of 44 TDRs, and shall not exceed the maximum densities established in this Plan. TDRs 45 may be utilized to attain the density between the allocated density standard up to 46 the maximum net density standard. Deed restricted affordable dwelling units may BOCC Staff Report File 4 2020-047 SIHYC Development Agreement Pag Packet Pg. 3287 R.2.a I be developed up to the maximum net density without the use of TDRs. The 2 assignment of TDRs to Big Pine Key, No Name Key, and North Key Largo from 3 other areas of the County shall be prohibited. 4 5 Height is limited to the requirements set forth in LDC Section 131-2 and Comprehensive 6 Plan Policies 101.5.32 and 101.5.33,no structure shall be permitted to exceed 40 feet. Any 7 proposed new single family dwelling (detached dwelling unit) and multi-family dwelling 8 (attached dwelling unit) will not be permitted to exceed 40 feet in height and in no event 9 shall a new building utilizing the height of 40 feet exceed two(2)habitable floors,pursuant 10 to LDC Section 131-2. The"Hotel"portion of the development is not permitted to exceed 11 35 feet in height. 12 13 d) A description of public facilities that will service the development, including who shall 14 provide such facilities; the date any new facilities, if needed, will be constructed; and a E 15 schedule to assure public facilities are available concurrent with the impacts of the 0 16 development: 17 18 A description of public facilities is stated in Section III. F. Public Facilities. 19 20 1. The Florida Keys Aqueduct Authority ("FKAA") provides domestic potable water to 21 SIHYC. Excluding existing development that may already be metered,the FKAA will 22 provide sufficient meters for the proposed hotel resort. In addition, the FKAA will 23 meter accessory development accordingly. 24 A preliminary coordination letter from FKAA dated April 19, 2021, was submitted, 25 stating the following: 26 There is an existing 8" water main on throughout to proposed property with 27 individual meters and fire line detector meters feeding each building. 28 A complete set of Civil and Architectural/Plumbing plans will need to be submitted 29 to determine water meter service requirements and system development charges. 30 2. Keys Energy Services ("KES") provides electric service to SIHYC. 31 KES will provide sufficient meters required for the proposed hotel resort. In addition, 32 KES will meter accessory development accordingly. v) 33 r 34 A letter dated February 22, 2020 was provided by Keys Energy Services, the letter ' 35 requested a full set of plans in order to ensure that there is adequate capacity. 36 37 3. Solid waste service is provided to the SIHYC by a solid waste collection system 38 franchised by Monroe County. 39 40 A letter dated February 19, 2020, from Monroe County Solid Waste states that there is 41 the ability to handle the solid waste. Coordination will again be required at time of 42 Major Conditional Use Permit review. 43 44 4. SIHYC is connected to central sewer via KW Resort Utilities Corp.'s system. 45 46 A letter of coordination dated August 20, 2020, states that with the addition of the 47 density the site will have capacity available to service the site. 48 BOCC Staff Report File 4 2020-047 SIHYC Development Agreement Pag Packet Pg. 3288 R.2.a I The applicant has shown coordination with all of the entities but will be required to show 2 proof of availability of service. Some entities have requested additional information to 3 confirm capacity. It is recommend that a site plan be provided for these reviews. 4 5 e) A description of any reservation or dedication of land for public purposes: 6 7 There is no reservation or dedication of land for public purpose contemplated by this 8 Agreement. This is stated in in Section III. G. Reservation or Dedication of Land. 9 10 f) A description of all local development permits approved or needed to be approved for the 11 development of the land: 12 13 A description of all local development permits approved or needed to be approved for the 14 development of the land is stated in Section III. H., I. & J. of the development agreement. E 15 16 g) A finding that the development permitted or proposed is consistent with the local 17 government's comprehensive plan and land development regulations: 18 19 A finding of consistency is stated in Section I11J. Finding of Consistency. It has not been 20 determined that the County's comprehensive plan and land development regulations 21 are consistent with the development agreement until all approvals of the Land Use 22 (Zoning) District amendment have been completed, a Major Conditional Use Permit 23 has been approved by the Monroe County Planning Commission, TDRs have been 24 transferred, and all changes identified in this staff report have been made to the 25 proposed Development Agreement. `) 26 t� 27 h) A description of any conditions,terms,restrictions, or other requirements determined to be CO 28 necessary by the local government for the public health, safety, or welfare of its citizens: r-I 29 30 A description of any conditions, terms, restrictions or other requirements is not provided 31 in a single section. Such conditions,terms,restrictions and other requirements are provided 32 throughout the agreement. v) 33 r 34 i) A statement indicating that the failure of the agreement to address a particular permit, ' 35 condition,term, or restriction shall not relieve the developer of the necessity of complying 36 with the law governing said permitting requirements, conditions, term, or restriction: 37 38 Breach, amendment, enforcement and termination of the development provisions are 39 provided in Section III. Agreement Requirements, K. Breach, Amendment, Enforcement, 40 and Termination. 41 42 <remainder of this page intentionally left blank> 43 44 45 46 47 48 BOCC Staff Report File 4 2020-047 SIHYC Development Agreement Pag Packet Pg. 3289 R.2.a I V OTHER ISSUES: 2 3 The Property is within the Military Installation Area of ,5 4 Impact (MIAI) boundary. The Property is within theo�k���a RE.C19927fi&0.4©p06� ^,� 9;'S � f il��� • 5 70-74 DNL and the 75-79 DNL. Pursuant to 6 Comprehensive Plan Policy 108.2.6, residential use is 7 strongly discouraged in DNL 70-74. The absence of � ,��i� 8 viable alternative development options should be 9 determined and an evaluation should be conducted 10 locally prior to local approvals indicating that a F. f E 11 demonstrated community need for the residential use �� } 12 would not be met if development were prohibited in 13 these Zones. Where the community determines that , "'� 14 these uses must be allowed measures to achieve and � 15 outdoor to indoor Noise Level Reduction (NLR) of at - }, 0.2 16 least 25 dB in DNL 65-69 and NLR of 30 dB in DNL 17 70-74 should be incorporated into building codes and 18 be in individual approvals; for transient housing a NLR 19 of at least 35 dB should be incorporated in DNL 75-79. - 20 21 Both the MC FLUM and the MU zoning district allow for residential uses. Additionally, both the 22 existing and proposed zoning district have the same density standards for residential uses (1 du/acre 23 allocated density and 18du/buildable acre maximum net density).Pursuant to Comprehensive Plan 24 Policy 108.2.2 density and intensity standards and land uses established by the Future Land Use 25 Element and Future Land Use Map, on the effective date of this policy, for properties located `) 26 within the MIAI overlay shall be recognized and allowed to develop to the maximum development 27 potential pursuant to the standards existing on the effective date of this policy. Pursuant to 28 Comprehensive Plan Policy 108.2.4 existing development located within the MIAI overlay shall 29 be recognized and allowed to redevelop. Further, the property's established density and intensity 30 standards and land uses provided by the Future Land Use Element and Future Land Use Map shall 31 be recognized and allowed to redevelop to the maximum development potential pursuant to they 32 standards existing on the effective date of this policy. v) 33 r 34 The Property currently has a Land Use District (Zoning) designation of Mixed Use (MU) and a ' 35 Future Land Use Map (FLUM) designation of Mixed Use/ Commercial (MC). The Property was 36 within the BU-3 (heavy business district) and GU(general use)zoning districts prior to September 37 15, 1986. Between 1986 and 1992, the Property was within the MU (mixed use) zoning district. E 38 In 1992, the Property was established within the Mixed Use (MU) zoning district. With the 39 adoption of the Comprehensive Plan's FLUM in 1997, the Property was given the current FLUM 40 designation of Mixed Use/ Commercial (MC). 41 42 The County cannot enter into the agreement until the proposed Map Amendment has become 43 effective. This includes the Land Use District change from Mixed Use(MU)to Destination Resorts 44 (DR). A condition needs to be added to the Development Agreement specifying that it would 45 not become effective until the Zoning amendment to DR is effective. 46 47 The subject property is located on Stock Island with nearest access to US via 2nd and 3rd Street at 48 approximate mile marker 5. The 2021 US 1 Arterial Travel Time and Delay Study for Monroe BOCC Staff Report File 4 2020-047 SIHYC Development Agreement Pag Packet Pg. 3290 R.2.a I County indicates levels of serve (LOS) of "A" for Segment 1 (Stock Island, mm 4.0-5.0), with 2 3,279 reserve trips. U.S 1 is required to maintain a LOS of"C" in order to support development. 3 Pursuant to Policy 1401.4.9,the County maintains a database to monitor capacity and reserve trips 4 available. According to the County's database of remaining capacity, by segment, as of November 5 1, 2021, the number of trips remaining on Segment 1 is 736. 6 7 A revised Level 3 Traffic Impact Study (TIS),prepared by KBP Consulting,Inc., dated September 8 2021, was submitted with this request for a Development Agreement, detailing the trip generation 9 and distribution characteristics of the development that is proposed on the subject property. The 10 TIS included an existing trip generation analysis using ITE Land use Codes for Multifamily 11 Housing (Low-Rise) 4220, Hotel 4310, Marina 4420, and Quality Restaurant 4931 to describe 12 current traffic conditions to and from the subject property. �t 13 14 The Proposed Trip Generation Analysis is based on traffic counts conducted of an adjacent, E 15 similarly used property known as Oceans Edge (per the TIS, Oceans Edge consists of 17 one- 16 bedroom hotel rooms, 158 one-bedroom vacation rentals, a restaurant, conference facilities, 111 17 wet slips, and 52 dry slips). The resulting trip generation rates appear to only be characteristic of 18 a Resort Hotel Land Use. The TIS, as submitted, anticipates 176 net new daily vehicular trips 19 generated by subject property as proposed to be redeveloped. 20 21 It is important to note that the overall use of the property, as proposed through the requested 22 Development Agreement, includes the potential to permit up to 107 attached market-rate 23 residential dwelling units, to be used as vacation rental units, the potential to permit up to 41 24 transient hotel dwelling units, commercial uses which may include but are not limited to 25 restaurants, commercial retail, marina, etc. and 3 affordable dwelling units. The submitted TIS `) 26 does not address the potential trips generated by the 107 market-rate dwelling units used as 27 permanent residences, provided a change in conditions and vacation rental use was not utilized. 28 Additionally, the TIS does not address the potential nonresidential uses, aside from hotel, which 29 appear to be proposed as a part of this Development Agreement. 30 e� i 31 It is also important to note that if any change occurs to utilize the permanent market dwelling units 32 as long term rentals in a low rise multifamily capacity that change of use should account for the v) 33 trips generated by that use. It is suggested that a condition be applied to the approval of the Major 34 Conditional Use Permit to require the review of traffic with that use and may require mitigation. 35 N 36 Table 2 from the revised traffic study dated September 2021 provides the following: a� BOCC Staff Report File 4 2020-047 SIHYC Development Agreement Page Packet Pg. 3291 R.2.a Table 1 Stock 1slamd Harbor Yarlut Cub Trip Generation lysis Stmrklslamd Florida, Daffy <1 Pea,6.11omr Trips P11 Peakllotur Trips Lana!Use size Trips 1n out Total 1n out Total arrrx�.�ear gal �1a��*:r,r Nle rnu Wet,s4E, U10Berths ' ,4 _ 3 0 'l 1 �S s 473 Berths ;I1 6 11 1. 30 2 0 5 Restaurant 'Clubhouse 4,121:T 342 _ 1 3 21 11 32 HIta=l 3 Rooms 24 1 0 1 1 1 ' E Ybcirtina '�Housing(Lcrw-Rise) 3 DLT 2:2 0 1 1 1 1I CD Sub Total 1,242 11 1s 29 db 41 107 !.anv Wet 59�s IN Berths 2-P _ 13 � 31 L £ 20 5 Berths 215s 2 713 4 3' W Re crr Hazel 143 Roam-a 703 IS 10 2z 26 3A ra2 � :VL uhif ]�'Haausing(Low—Rise) 3 DLT 22 0 1 1 1 _ fJ J Sub Total 1,20 1 15 1 11 1 10 1 5,3 1 -49 1 10', lifleraynre(Proposed-Existk T13',J 8 3 11 13 0 t9, 'F .:°try Zap.. ",2PLIM bu' 2 i 8. 1 S irra:Z°TT Fr;�n uene,ran,'m Maux'; &A E'&,Fk;a"-and daw;o eoami m,pia Ocavu Edfa Pr,,rr:an 3.ick 1—mid, t8 2 3 With the redevelopment of the site and proposed use the net trips proposed are a reduction of 13 4 overall trips. U) 5 U 6 At the time of any development approval on the site,traffic concurrency will be reviewed and must U 7 maintain a LOS of"C" on Segment 1 of US 1. In order to be in compliance with Monroe County 8 Comprehensive Plan Policies 301.1.1, 301.1.2, 301.2.2, 301.2.3 and 301.2.4 as well as Land 0. 9 Development Code Sections 114-2(a)(1)a., b., and c., mitigation, or sufficient evidence 10 acceptable to Monroe County that the potential trip generation does not exceed LOS C,must 1 11 be provided prior to issuance of a building permit for development of the subject property. 12 r° 13 14 VI RECOMMENDATION: 15 16 Staff recommends approval of the proposed Development Agreement to the Board of 17 County Commissioners with the following conditions: E 18 19 1. That all mentions of the use of max net without TDRs and any use of liveaboard density 20 as applicable to upland development be removed from the Development Agreement to 21 be in compliance with Comprehensive Plan Policy 101.13.2. 22 23 2. The applicant must transfer in TDRs to make up the difference between allocated 24 density and max net density on the site. 25 26 3. Reference to associated Zoning amendment adoption and effectiveness prior to 27 effectiveness of Development Agreement. 28 BOCC Staff Report File 4 2020-047 SIHYC Development Agreement Page Packet Pg. 3292 R.2.a I VII ATTACHMENTS: 2 3 Proposed Development Agreement 4 i 0 i cv CD cv u BOCC Staff Report File 4 2020-047 SIHYC Development Agreement Page Packet Pg. 3293 R.2.b i 1r � \ h MONROE COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS RESOLUTION NO. -2022 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING A DEVELOPMENT AGREEMENT BETWEEN MONROE COUNTY, FLORIDA, AND SH MARINAS 6000, LLC. THE REQUESTED o DEVELOPMENT AGREEMENT RELATES TO THE PROPOSED REDEVELOPMENT OF "STOCK ISLAND HARBOR YACHT CLUB", TO INCLUDE UP TO ONE HUNDRED AND SEVEN (107) ATTACHED RESIDENTIAL DWELLING UNITS TO BE UTILIZED AS SHORT-TERM VACATION RENTAL UNITS, UP TO FORTY-ONE (41) TRANSIENT HOTEL DWELLING UNITS, AND THREE (3) AFFORDABLE DWELLING UNITS. NO STRUCTURES MAY BE HIGHER THAN FORTY (40) FEET FROM GRADE. THE s SUBJECT PROPERTY IS DESCRIBED AS A PARCEL OF v) W LAND IN SECTION 36, TOWNSHIP 67 SOUTH, RANGE 25 0 EAST, STOCK ISLAND, MONROE COUNTY, FLORIDA, CURRENTLY HAVING PROPERTY IDENTIFICATION y NUMBER 00127480-000000. c, WHEREAS, during a regularly scheduled, duly noticed public meeting held on February 16, 2022, the Board of County Commissioners ("BOCC") conducted a public hearing to review i and consider a request submitted by Bart Smith, on behalf of SH Marinas 6000, LLC, for BOCC approval of a development agreement in accordance with Chapter 110, Article V, Sections 110- 132 and 110-133 of the Monroe County Land Development Code ("LDC") (2021), the Monroe County Comprehensive Plan (2021), and the Florida Statutes (2021) including but not limited to Sections 163.3220 et. seq., also known as the "Florida Local Government Development Agreement Act"; and WHEREAS, the subject property is located at 6000 Peninsular Avenue, Stock Island, Monroe County, Florida, approximate mile marker 5.5, and is described as a described as a parcel of land in Section 36, Township 67 East, Range 25 South, Stock Island, Monroe County, Florida, currently having property identification number 00127480-000000; and WHEREAS, during a regularly scheduled public meeting held on April 27, 2021, the Development Review Committee ("DRC") of Monroe County conducted a review and Resolution -2022 File No.2020-047 1 of 4 Packet Pg. 3294 R.2.b consideration of a request for a development agreement in accordance with the aforesaid LDC, Florida Statutes, and Comprehensive Plan; and WHEREAS, during a regularly scheduled public meeting held on November 16, 2021,the Monroe County Planning Commission held a duly noticed public hearing to review and consider a request submitted by Bart Smith, on behalf of SH Marinas 6000, LLC, for a development agreement in accordance with the aforesaid LDC, Florida Statutes, and Comprehensive Plan; and WHEREAS, the Development Agreement relates to the partial redevelopment of the "Stock Island Harbor Yacht Club" ("SIHYC") formerly known as the "Key West Harbor Yacht E Club." The proposed development will include up to one hundred and seven (107) attached o 0 residential dwelling units to be utilized as short-term vacation rental units, up to forty-one (41) transient hotel dwelling units and three(3)affordable dwelling units at 6000 Peninsular Ave, Stock Island, Florida; and E 0. 0 WHEREAS, based upon the information and documentation submitted, the Board of County Commissioners makes the following findings: 1. The subject property is located within the Mixed Use (MU) Land Use ("Zoning") District. The Zoning is proposed to be changed to Destination Resort("DR"). Further, it is designated within a Mixed Use/Commercial ("MC") category on the Future Land Use Map ("FLUM")and within a Tier III district on the Tier Overlay District Map; and 2. On April 27, 2021, the proposed development agreement was reviewed by the Monroe County Development Review Committee; and v) 0 3. The Monroe County Planning Commission held a duly noticed public hearing at its meeting scheduled for November 16, 2021, which was the first of two required public hearings, and recommended approval of the development agreement contemplated herein with changes and conditions as recommended by the professional staff of the Monroe County Planning and Environmental Resources Department; and 0 i 4. Florida Statutes § 163.3220 (2021) 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 determinations: 1. The request is consistent with the provisions and intent of the aforesaid Monroe County Land Development Code; and 2. The request is consistent with the provisions and intent of the aforesaid Monroe County Year 2030 Comprehensive Plan; and Resolution -2022 File No.2020-047 2 of 4 Packet Pg. 3295 R.2.b 3. The request is consistent with the Florida Statutes' Principles for Guiding Development in the Florida Keys Area of Critical State Concern; and 4. The subject 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 (2021). NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the preceding findings of fact and legal conclusions and determinations support this decision to APPROVE the proposal for a development agreement with the following determinations and conditions: 1. Recitals and Legislative Intent. The foregoing title of this Resolution, its recitals °i statements of legislative intent, findings of fact, and conclusions of law, are true and o correct and are hereby incorporated as if fully set forth herein. 2. That all mentions of the use of max. net without TDRs and any use of liveaboard U density as applicable to upland development be removed from the Development Agreement to be in compliance with Monroe County Comprehensive Plan PolicyCD 101.13.2. 3. The applicant must transfer in TDRs to make up the difference between allocated density and max. net density on the site. s v) 4. The Development Agreement shall not become effective prior to approval and effectiveness of the associated Land Use ("Zoning") District amendment from Mixed Use ("MU")to Destination Resort("DR"). 0 5. Construction and Interpretation. This Resolution and the Development Agreement i approved hereto, being necessary for the health, safety, and welfare of the residents of and visitors to the County, shall be liberally construed to effect(uate) the public as purpose(s) hereof. Interpretation of this Resolution and the Development Agreement approved hereto shall be construed in favor of the Monroe County Board of County Commissioners, and such construction and interpretation shall be entitled to great weight in adversarial administrative proceedings, at trial, in bankruptcy, and on appeal. 6. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If any provision of this Resolution or Development Agreement approved hereto, or any portion thereof, is held to be invalid or unenforceable in or by any administrative hearing officer or court of competent jurisdiction, the invalidity or unenforceability of such provision, or any portion thereof, shall neither limit nor impair the operation, enforceability, or validity of any other provision, or any remaining portion(s) thereof. All other provisions, and remaining portion(s)thereof,shall continue unimpaired in full force and effect. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida ("BOCC"), at a regular meeting of the BOCC held on the 16th day of February, 2022. Resolution -2022 File No.2020-047 3 of 4 Packet Pg. 3296 R.2.b Mayor David Rice Mayor Pro Tem Craig Cates Commissioner Michelle Coldiron Commissioner-Vacant Commissioner Holly Merrill Raschein BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: (SEAL) MAYOR DAVID RICE ATTEST: KEVIN MADOK, CLERK o ONROE COUNTY ATTORNEY By: �, VET TO FORM AS DEPUTY CLERK oa'e'' 2i1/22 0 i i cv cv Resolution -2022 File No.2020-047 4 of 4 Packet Pg. 3297 DEVELOPMENT AGREEMENT FOR STOCK ISLAND HARBOR YACHT CLUB This DEVELOPMENT AGREEMENT ("Agreement") is entered into on the day of 2022, by and between MONROE COUNTY, a political subdivision of the State of Florida ("Monroe County"), and SH Marinas 6000, LLC, a Florida limited liability E company ("SH Marina") (singularly a"Party", or collectively the"Parties"),pursuant to Sections of 110-132, 110-133, 130-161.1, 130-84 of the Monroe County, Florida Code of Ordinances ("Monroe County Code") and the Florida Local Government Development Agreement Act, Florida Statutes Sections 163.3220-163.3243 (2013) and is binding on the "Effective Date" set EE 0 forth herein: WITNESSETH: J J Monroe County and the Parties hereto hereby agree as follows: I. RECITALS A. This Agreement involves the future redevelopment of property known as "Stock Island Harbor Yacht Club" ("SIHYC"),located at 6000 Peninsular Avenue, Stock Island, Florida 33040 ("Property"), fronting Peninsular Avenue, with access to and from the site from Peninsular Avenue, the legal description of which is contained in Exhibit A. SIHYC is owned by SH Marina. B. All Parties have the authority to enter into this Agreement through Florida Statute o Sections 163.220-163.3243 and their individual sole and undivided ownership of u SIHYC. C. Section 163.3220, Florida Statutes, authorizes Monroe County to enter into development agreements with landowners and/or governmental agencies to E encourage a stronger commitment to comprehensive and capital facilities planning, of ensure the provision of adequate public facilities for development, encourage the �C efficient use of resources, and reduce the economic cost of development. 0. D. This 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 c� Statutes (the "Act"). E. The Parties recognize that the public noticing and hearing procedures shall follow the requirements of F.S. 163.3225, which require public hearings before the Planning Commission and the Board of County Commissioners ("BOCC") for E consideration of a development agreement. 00224701-v9 SIHYC Development Agreement 04/2021 Page 1 of 19 Packet Pg. 3298 F. Monroe County finds that entering into this Agreement furthers the purposes,goals, objectives, and policies of the Monroe County Year 2030 Comprehensive Plan ("Comprehensive plan"). G. SIHYC, 6000 Peninsular Avenue, Stock Island, Florida, is generally described as follows: E 1. SH Marina owns that certain real property located at 6000 Peninsular Avenue, Stock Island, Florida. A copy of the Special Warranty Deed evidencing SH Marina's ownership is attached hereto and incorporated EE herein as Exhibit B. Currently SIHYC is used as a private marina, market a rate vacation rentals, a restaurant, and affordable housing. 2. As of the date of this Agreement, SIHYC is assessed by the Monroe County Property Appraiser as real estate number 00127480-000000. 3. The Comprehensive Plan designates all the parcels of the SIHYC as Mixed Use/Commercial (MC) on its Future Land Use Map. 4. The County Land Use District map designation for SIHYC has been amended simultaneously with the approval of this Agreement is Destination Resort(DR). 5. The County Tier Overlay District map designation for SIHYC is Tier I11. E a 6. SIHYC consists of 13.14 upland acres. 7. SIHYC was redeveloped as a full-scale marina resort which includes three `- (3)boat barns providing space for four hundred and seventy-five (475) dry boat storage; one hundred (100) wet slips; one multi-use building E containing a combination of non-residential floor area for a ship store and 2 three (3) affordable housing dwelling units; and three (3) attached market-rate dwelling units. The approval was recorded in Resolution No. P11-07, dated March 7, 2007. At the time of SIHYC's development in EE 2007, it had obtained a Letter of Development Rights Determination dated c December 1, 2006, which provided that the Property had fifty (50) liveaboard vessels and five (5)residential dwelling units. In 2007, Monroe County Code Sec. 114-19 provided liveaboard density counted towards upland density. The Property was recognized with the density from the Liveaboards and Residential Dwelling Units which was evidenced in a minor deviation approval issued September 13, 2007. The Property is required to utilize Transferable Development Rights(TDRs)for any density E not associated with the Property. U H. Wrecker's Cay at Stock Island, LLC ("Wrecker's Cay") previously applied to transfer to SIHYC eighty (80) Market Rate Dwelling Units and eighteen (18) 00224701-v9 SIHYC Development Agreement 04/2021 Page 2 of 19 Packet Pg. 3299 Transient Dwelling Units (File No. 2019-149), which approval is conditioned on Wrecker's Cay obtaining approval of its building foundation first inspections. I. Road Abandonments 1. Contemporaneously with this Agreement,Monroe County has approved the E abandonment of the Eastern most portion of Peninsular Avenue, of which 2 SIHYC has obtained additional acres. The total upland acreage of SIHYC is now J. Section 163.3220, Florida Statutes, authorizes Monroe County to enter into a agreements with landowners and/or governmental agencies to encourage a stronger E 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. II. PURPOSE A. The overall purpose of this Agreement is to allow the redevelopment of SIHYC 2 with up to one hundred and seven (107) attached residential dwelling units which are permitted to be utilized as vacation rental units, and up to forty-one (41) transient hotel dwelling units to be operated as a vacation resort including associated accessory uses,pursuant to Monroe County Land Development Section 130-81. E B. This Agreement allows the redevelopment of the SIHYC utilizing, as part of its U_ L_ overall development, the eighty (80) market rate dwelling units from Wrecker's Cay, three (3) existing market rate dwelling units on the Property as attached dwelling units permitted to be vacation rentals and eighteen(18)transient dwelling units from Wrecker's Cay in compliance with all applicable provisions of E Florida Statutes,the Principles for Guiding Development in the Florida Keys Area 2 of Critical State Concern, the Comprehensive Plan, the Master Plan for the Future Development of Stock Island and Key Haven,and the Monroe County Code. E C. The Agreement allows the Parties to implement the provisions of Monroe County Code, as applied to SIHYC to develop a vacation and hotel resort at SIHYC, to E attract sustainable tourism to Stock Island. c� III. AGREEMENT REQUIREMENTS A. Recitals. The recitals explaining the intent and purpose of the project as set forth in the preceding clauses are incorporated herein and form a material part of E this Agreement. The Parties recognize the binding effect of Florida Statutes U Sections 163.3220-163.3243, as to the form and content of this Agreement and in accordance therewith set forth and agree to the following: 00224701-v9 SIHYC Development Agreement 04/2021 Page 3 of 19 Packet Pg. 3300 B. Legal Description and Ownership. The legal description for SIHYC is set forth in Exhibit A. C. Duration of Agreement. This Agreement shall remain in effect for ten (10)years from the "Effective Date" as defined herein and may be extended through an amendment to the development agreement and approval at a public hearing, in E accordance with Florida Statutes Section 163.3229. For the duration of this 2 Agreement, the Parties agree that any development shall comply with and be controlled by this Agreement, the Monroe County Code, and the Monroe County Comprehensive Plan governing the development of the land in effect on the date of EE execution of this Agreement, in accordance with Section 163.3220, Florida 0. Statutes. > D. Permitted Uses. 1. SIHYC, 6000 Peninsular Avenue, Stock Island, Florida: a. SIHYC currently has a MU Land Use(Zoning)District designation and a corresponding MC Future Land Use Map designation. b. Contemporaneously with the approval of this Agreement, SIHYC's Land Use (Zoning) District has been approved for amendment by Monroe County from Mixed Use (MU)to Destination Resort(DR). c. In accordance with this Agreement and with the DR Land Use(Zoning) o District, as set forth in Monroe County Code Section 130-34, the U_ principal purpose of the DR Land Use Map Category is to establish areas suitable for the development of planned tourist centers providing on-site residential,recreational, commercial and entertainment facilities of a magnitude sufficient to attract visitors and tourists for tenancies of E three or more days. 2 d. In accordance with this Agreement and with the DR Land Use(Zoning) District, as set forth in Monroe County Code Section 130-34, and in EE compliance with other provisions of the Monroe County Code, the c permitted uses in the Land Use (Zoning) District include detached dwellings, vacation rentals (if a special vacation rental permit is obtained under the regulations established in section 134-1), attached dwelling units (as a major conditional use), Hotels (as a minor conditional use) and accessory uses. Development on the Property shall be governed and guided by Monroe County Code sections 130-34, 130- 81, 130-157, 130-162, and 130-164. E U e. Code Section 130-81 provides, in pertinent part: a. The following uses are permitted as of right in the Destination Resort district: 00224701-vq SIHYC Development Agreement 04/2021 Page 4 of 19 Packet Pg. 3301 (1) Detached dwellings; (2) Vacation rental use if a special vacation rental permit is obtained under the regulations established in section 134-1; (3) Collocations on existing antenna-supporting structures, pursuant to section 146-5(c); (4) Replacement of an existing antenna-supporting structure pursuant to section 146-5(b); (5) Attached wireless communications facilities, as accessory uses,pursuant to section 146-5(d); o (6) Stealth wireless communications facilities, as accessory uses,pursuant to section 146- 5(e); and c� (7) Satellite earth stations, as accessory uses,pursuant to section 146-5(f). b. The following uses are permitted as minor conditional uses in the destination resort district, subject to the standards and procedures set forth in chapter 110, article III: (1) Hotels,provided that: a. The hotel has restaurant facilities on the premises that will accommodate no less than one-third of all hotel guests at < maximum occupancy at a single serving; o L_ b. There are at least two satellite eating and drinking facilities, U_ each accommodating at least 25 persons; c. A separate meeting/conference and entertainment area that can also function as a banquet facility; E a) d. A lobby that provides 24-hour telephone and reservation of service; e. Active and passive recreation land-based activities are available, with a minimum of tennis courts or racquetball 0. courts, or a spa/exercise room, provided at the standards given below and at least two additional active and one additional passive recreational facility, including, but not limited to, the following: U 00224701-v9 SIHYC Development Agreement 04/2021 Page 5 of 19 Packet Pg. 3302 Artive,Recreational Facilities Tennis cOca:at 1/25 units RaegUdball court. 1/25 units Sp<aiexercise room,of no less than 500 SCIUaare feet 1/150 units a Dance floor 1=`hotel Nay oel / laygrcaund 1/150 units l4liniatUre golf COUrse 1=`hotel a Golf,course 1``hotel a Shaafllcb�oard court,or other court ganics 2n' ualits y Fitness course 1/hotel Pia ssiite Recreational Facilities J Nature trail walk: I/hotel Game room 1/150 units ardcn area 1=`hotel Observation area 1``hotel � Other uses rnav be saabstituted for these with the written approval of the director of planning stating the standards used and the manner in which a sHucsts will be served by saach facilities.The director of'plannir,g,shall U base his decision on generally accepted andustrN,standards for comparable destination resorts', E a f. Active and passive water-oriented recreational facilities are u available, a minimum of a swimming pool, or swimming areas, at the rate of seven square feet of water surface (excluding hot tubs and Jacuzzi) per hotel room (this requirement may be converted to linear feet of E shoreline swimming area at a ratio of one linear foot of beach per seven square feet of required water surface); g. Access to U.S. 1 is by way of: i. An existing curb cut; ii. A signalized intersection; or iii. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; h. Each hotel establishes and maintains shuttle transport services to airports and tourist attractions to accommodate ten percent of the approved floor area in guest rooms; and E such housing shall be of any of the following types: U dormitory, studio, one bedroom, two bedrooms and shall be in addition to the approved hotel density and shall be used exclusively by employees qualifying under the employee housing provisions elsewhere in this chapter; 00224701-v9 SIHYC Development Agreement 04/2021 Page 6 of 19 Packet Pg. 3303 i. On-site employee housing living space is provided in an amount equal to ten percent of the approved floor area in guest rooms; and such housing shall be of any of the following types: dormitory, studio, one bedroom, two bedrooms and shall be in addition to the approved hotel density and shall be used exclusively by employees qualifying under the employee housing provisions elsewhere in this chapter; and j. Commercial retail is provided at a minimum of 200 square o feet to include convenience retail, food sales and gifts in one or more sites, excluding restaurants as required by subsection (b)(1) of this section, and in addition one and 1.3 square feet commercial retail per each guest room greater than 150 rooms. Additional commercial retail may be provided subject to the floor area ratio limitations of this chapter. Commercial retail may consist of dive shops, boat rentals, gift shops, barber/beauty services, travel agencies, provided that there is no extension signage advertising these amenities to the general public. Water-related services and activities shall be located immediately proximate to the water unless otherwise prohibited. c. The following uses are permitted as major conditional uses in the E destination resort district, subject to the standards and procedures set forth in chapter 110, article III: (1) Marinas,provided that: E a. There are a minimum of seven boat slips, but the total number of boats stored on-site or elsewhere for guests or employees shall be no greater than one per hotel room; b. The parcel for development has access to water at least E four feet below mean sea level at mean low tide; c c. The sale of goods and services is limited to fuel, food, boating, and sport fishing products; t� d. All boat storage shall be confined to wet slips or enclosed dry storage; e. All storage areas are screened from adjacent uses by a solid fence, wall, or hedge of at least six feet in height; E and elevated racks,frames,or structures shall be enclosed 2 on at least three sides from the ground to the highest point < of the roof, 00224701-v9 SIHYC Development Agreement 04/2021 Page 7 of 19 Packet Pg. 3304 f. All storage areas are screened from adjacent uses by a solid fence, wall, or hedge of at least six feet in height; and elevated racks,frames,or structures shall be enclosed on at least three sides from the ground to the highest point of the roof, g. Live-aboard vessels are prohibited; (2) Attached and detached dwellings, designated as employee housing as provided for in section 139,provided that: E 0. a. They are built for and occupied by employees of the destination resort facilities; b. The total area is no less that ten percent of the approved floor area in guest rooms of the resort/hotels within the development; c. The structures are designed and located so that they are visually compatible with established residential development within 250 feet of the parcel proposed for development; and d. The parcel proposed for development is separated from any established residential use by a class C buffer yard; (3) Attached dwelling units; E a L_ (4) New antenna-supporting structures, pursuant to section U_ 146-5(a); 2 D (5) Wastewater treatment facilities and wastewater treatment collection systems serving uses located in any land use district,provided that: a. The wastewater treatment facility and wastewater treatment collection systems are in compliance with all 0. federal, state, and local requirements; b. The wastewater treatment facility, wastewater treatment a collection systems and accessory uses shall be screened >_ by structures designed to be architecturally consistent with the character of the surrounding community and shall minimize the impact of any outdoor storage, temporary or permanent; and E c. In addition to any district boundary buffers set forth in 2 chapter 114, article V, a planting bed, eight feet in width, < to be measured perpendicular to the exterior of the screening structure shall be established with the following: 00224701-v9 SIHYC Development Agreement 04/2021 Page 8 of 19 Packet Pg. 3305 1. One native canopy tree for every 25 linear feet of screening structure and one understory tree for every ten linear feet of screening structure; 2. The required trees shall be evenly distributed throughout the planting bed; 3. The planting bed shall be installed as set forth in chapter 114, article IV; and 4. A solid fence may be required upon determination by the planning director. EE 0. m 2. In accordance with the provisions of the Comprehensive Plan or Monroe County Code, the Property is permitted to have a maximum net residential density of eighteen (18)units per buildable acre,the development of which shall require transferrable development rights (TDRs) beyond the density currently associated with the Property, and the allocated density permitted under the County Code. 3. The height of any new residential structure associated with the redevelopment of the SIHYC shall not exceed 38 feet from grade except as allowed by Section 131-2 of the Code. E. Military Installation Area of Impact. SH Marina acknowledges and understands that SIHYC is within the Military Installation Area of Impact Overlay as defined by the Comprehensive Plan. SIHYC is located in the 70 DNL o (Day-Night Average Sound Level) noise contour pursuant to the 2018 Air U_ Installations Compatible Use Zones study SH Marina agrees to: 2 1. Sound attenuate all habitable buildings to achieve an outdoor to indoor Noise Level Reduction (NLR) of at least 30 decibels; and 2. Place signage throughout the SIHYC prohibiting the use of unmanned aerial vehicles and/or drones on the Property; and E 0. 3. In any lease conveying a leasehold interest in a residential unit or a license 2 agreement for dockage at SIHYC, SH Marina shall include language in the leasing or licensing document stating as follows: 4. "The property is located within the Military Installation Area of Impact Overlay and is subject to high noise levels due to Navy operations nearby. As it is located within the Military Installation Area of Impact of Overlay, the use of any unmanned aerial vehicle or drone is prohibited." .� U 2 F. Public Facilities. The numbers of existing vacation rentals, condominium units and commercial uses were recognized in the planning of the sewage treatment plant serving Stock Island. Based on a preliminary concurrency review, all public facilities identified below are available as of the date of this Agreement, and capacity for 00224701-v9 SIHYC Development Agreement 04/2021 Page 9 of 19 Packet Pg. 3306 each is projected to be available concurrent with the impacts of development. A final concurrency review shall be required as part of the Building permit approval process. 1. The Florida Keys Aqueduct Authority ("FKAA") provides domestic potable water to SIHYC. Excluding existing development that may already be metered,the FKAA will provide sufficient meters for the proposed hotel E resort. In addition, the FKAA will meter accessory development E accordingly. 2. Keys Energy Services ("KES") provides electric service to SIHYC. KES E will provide sufficient meters required for the proposed hotel resort. In o addition, KES will meter accessory development accordingly. > 3. Solid waste service is provided to the SIHYC by a solid waste collection system franchised by Monroe County. 4. SIHYC is connected to central sewer via KW Resort Utilities Corp.'s system. 5. Based on preliminary traffic concurrency review, the proposed development,which contemplates the potential to permit up to 107 attached market rate residential dwelling units, to be used as vacation rental units, UP to 41 transient hotel dwelling units, and commercial uses, is currently within 5%LOSC, but may exceed the LOS C capacity of Segment 1,which may require mitigation.A final concurrency review shall be required as part E of the building permit approval Process. In order to be in compliance with Monroe County Comprehensive Plan Policies 301.1.1, 301.1.2, 301.2.2, 301.2.3 and 301.2.4 as well as Land Development Code Sections 114-2(a)(1)a., b., and c., mitigation, or E sufficient evidence acceptable to Monroe County that the potential trip 2 generation does not exceed LOS C,must be provided prior to issuance of a building permit for the proposed development. Mitigation may be in the form of specific improvements or proportioned 0. shared contribution towards improvements and strategies identified by the > County, and/or FDOT to address any level of service degradation beyond LOS C and/or deficiencies. The applicant shall submit evidence of an >- agreement between the applicant and the FDOT for inclusion in any contract or agreement for improvements to US 1. For roadway improvements required, the applicant/owner may utilize the following, 42 pursuant to Land Development Code Section 114-2(b)(5)c.: E U a. The necessary facilities and services are in place at the time a development permit is issued; or b. The necessary facilities and services are in place at the time a certificate of occupancy, or its functional equivalent is issued. Prior to commencement of 00224701-v9 SIHYC Development Agreement 04/2021 Page 10 of 19 Packet Pg. 3307 construction, the applicant shall enter into a binding and legally enforceable commitment to the County to assure construction or improvement of the facility; or c. A binding executed contract in place at the time a permit is issued which provides for the commencement of the actual construction of the required facilities or provision of services; or E d. An enforceable development agreement guaranteeing that the necessary n facilities and services will be in place with the issuance of a permit. An enforceable development agreement may include, but is not limited to, development agreements pursuant to section 163.3220, F.S., or an E agreement or development order issued pursuant to Chapter 380, F.S.; or o e. A proportionate share contribution or construction that is sufficient to > accomplish one or more mobility improvement(s) that will benefit a regionally significant transportation facility. A proposed proportionate fair- share mitigation shall be reviewed pursuant to LDC Section 126-2. Any future changes to the use of the dwelling units, as described herein, shall require County approval and shall require additional traffic concurrency review at the time of approval pursuant to Comprehensive Plan Policy 301.1.1. G. Reservation or Dedication of Land. There is no reservation or dedication of land for public purpose contemplated by this Agreement. H. Development Allowed. The following specific criteria are those which will guide the redevelopment of SIHYC with up to one hundred and seven (107) attached E residential dwelling units which are permitted to be utilized as vacation rental units �°L provided SH Marina receives the required vacation rental permit or vacation rental permit exemption; and up to forty-one(41)transient hotel dwelling units,operating as a Destination Resort, including associated accessory uses, and are the standards by which any further approvals shall be measured and shall be as follows: E 1. Provided such development can be designed and approved by all applicable codes, including but not limited to the Monroe County Comprehensive Plan,Code and Florida Building Code, SH Marina is permitted to redevelop E and operate SIHYC as a resort hotel consisting of the following development: a. Up to 107 attached residential dwelling units b. Up to 41 transient units c. A minimum of 200 square feet of commercial retail to include convenience retail, food sales and gifts in one or more sites, excluding restaurants as required by 130-81(b)(1), and in addition one and 1.3 square feet commercial retail per each guest room greater than 150 rooms. Commercial retail may consist of dive shops, boat rentals, gift shops, barber/beauty services, travel agencies,provided that there is no extension signage advertising these amenities to the general public. 00224701-v9 SIHYC Development Agreement 04/2021 Page 11 of 19 Packet Pg. 3308 Water-related services and activities shall be located immediately proximate to the water unless otherwise prohibited. d. Up to 12,113 square feet of non-residential floor area consisting of any commercial retail over the 200 square feet described above. e. Lobby/Reception/Office building f. Maintenance/Housekeeping building g. Restrooms, Fitness and Refreshments building h. Resort Swimming Pool 0. i. Conference Center 2 j. Restaurant, Bar, Kitchen k. Affordable/workforce dwelling units for employees of the resort. J 1. Parking areas and landscaping. M. The height of any new building associated with the redevelopment of SIHYC shall not exceed 38 feet, as described in Section 131-2 of the Monroe County Code. 2. The Property is determined to have the following density: a. Allocated: 13.14 Dwelling Units or 131 transient Dwelling Units; b. Up to fifty (50) residential dwelling units based on existing liveaboard density, for which no transferable density is required prior to development. a U_ Any density required above and beyond the density that exists on the Property, pursuant to the Code, shall require the use of TDRs. I. Approval of Conceptual Site Plan; Minor Revisions; Final Site Plan. The development authorized by this Agreement is depicted on the Conceptual Site Plan prepared by Nichols, Brosch, Wurst, Wolfe & Associates, Inc., (the "Conceptual Site Plan"), attached hereto as Exhibit C. The Conceptual Site Plan is hereby approved by the County, and any subsequent site plans, site plan approvals and building permits shall substantially comply with this Conceptual Site Plan; provided, however, that the final site plan submitted for building permits may slightly deviate from the Conceptual Site Plan to accommodate: (1)refinements to the development plan made by the Developer, including minor configuration of structures,roadways,parking areas,pathways, and swimming pool(s); (2) changes to the proposed Residential Dwelling units, Hotel, pool, recreation and accessory uses so long as the density and intensity set forth in the Agreement is not exceeded or (3) to accommodate minor modifications that are necessary to meet regulatory U requirements. The Final Site Plan will meet all applicable requirements established in County Code and such requirements shall not be varied unless Owner obtains a variance pursuant to applicable provisions of the County Code. 00224701-v9 SIHYC Development Agreement 04/2021 Page 12 of 19 Packet Pg. 3309 J. Required Approvals. The following list of all development approvals and permits approved or needed to be approved for the redevelopment of the Property, as specified in this Agreement: 1. A Major Conditional Use Approval for the development contemplated herein; and 2. One or more Minor Conditional Use Approvals for the transfer of TREs and TDRs contemplated herein; 3. A Land Use District (zoning) Map amendment approval changing the E property from Mixed-Use Commercial to Destination Resort; 2 4. A vacation rental permit or a vacation rental permit exemption; c� 5. Building permits will be required for the development contemplated herein. The development shall be consistent with all applicable codes, including but not limited to the Monroe County Comprehensive Plan and Monroe County Code. K. Finding of Consistency. By entering into this Agreement, Monroe County finds that the development permitted or proposed herein is consistent with and furthers Monroe County's Comprehensive Plan and Land Development Regulations. 1. This finding of consistency is contingent on the approval of the Land Use District (zoning) Map amendment approval changing the property from Mixed-Use Commercial to Destination Resort. L. Breach,Amendment,Enforcement, and Termination. o U_ 1. Material Breach. A material breach by the Parties is the failure of any Parry to comply with the terms of this Agreement after Notice as provided herein. 2. Notice. Upon any Party's material breach of the terms and conditions of this Agreement,the non-breaching Party/s shall serve written notice on and shall provide the opportunity,within ninety (90) days,to propose a method of fulfilling the Agreement's terms and conditions or curing the breach. All Parties shall be provided an additional ninety (90) days to cure the 0. material breach or to negotiate an amendment to this Agreement within a reasonable time, as mutually agreed to by the Parties. c� 3. Amendment or Termination. The Parties hereto shall at all times adhere to the terms and conditions of this Agreement. Amendment, termination, extension, or revocation of this Agreement shall be made in accordance with the notification and procedural requirements set forth herein. E U a. Amendments to this Agreement shall subject the Parties to the laws and policies in effect at the time of the amendment only if the conditions of Section 163.3233(2), Florida Statutes, are met. 00224701-v9 SIHYC Development Agreement 04/2021 Page 13 of 19 Packet Pg. 3310 b. No modifications, extensions, amendments, or alterations of the terms or conditions contained herein shall be effective unless contained in a written document approved and executed by the Parties. c. Amendment, extension or termination shall require at least two (2) public hearings. The hearings shall be held pursuant to an application filed with Monroe County by the Party seeking to amend or terminate this Agreement, along with the requisite filing fee. Notice of public hearing shall be in accordance with Monroe County Ordinances and Florida Statutes. E 0. 4. Enforcement. 22 a. After notice and an opportunity to respond and/or cure the material breach as provided for below. In addition, Monroe County may utilize appropriate code enforcement remedies to cure any breach after notice and an opportunity to cure as provided herein. b. The Parties, their successors or assigns, or any aggrieved or any adversely affected person as defined in Section 163.3215(2), Florida Statutes, may file an action for injunctive relief in the Circuit Court of Monroe County to enforce the terms of this Agreement or to challenge W compliance with the provisions of Sections 163.3243, Florida Statutes. c. Nothing contained herein shall limit any other powers, rights, or remedies that either Party has, or may have in the future, to enforce the C terms of this Agreement. o L- U- M. State and Federal Law. If State or Federal laws enacted after the effective date of this Agreement preclude the Parties' compliance with the terms of this Agreement, this Agreement shall be modified as is necessary to comply with the relevant State or Federal laws. E N. Compliance with Other Laws. The failure of this Agreement to address a particular permit, condition, term, or restriction shall not relieve the Parties of the necessity of complying with the laws governing said permitting requirements, E conditions, terms or restrictions. c O. Reservation of Rights. This Agreement shall not affect any rights, which may have accrued to any party to this Agreement under applicable law. Both Monroe County and the Parties reserve any and all such rights. All approvals referenced in this Agreement are subordinate to compliance with all applicable laws, codes, and land development regulations and permits, except to the extent otherwise provided for in this Agreement. E U 2 P. No Permit. This Agreement is not and shall not be construed as a Development Permit, Development Approval or authorization to commence development, nor shall it relieve the Parties of the obligations to obtain necessary Development 00224701-v9 SIHYC Development Agreement 04/2021 Page 14 of 19 Packet Pg. 3311 Approvals that are required under applicable law and under and pursuant to the terms of this Agreement and Monroe County Code. Q. Good Faith; Further Assurances; No Cost. The Parties to this Agreement have negotiated in good faith. It is the intent and agreement of the Parties that they shall cooperate with each other in good faith to effectuate the purposes and intent of, and E to satisfy their obligations under, this Agreement in order to secure to themselves the mutual benefits created under this Agreement. The Parties agree to execute such further documents as may be reasonably necessary to effectuate the provisions of this Agreement;provided that the foregoing shall in no way be deemed to inhibit, EE restrict or require the exercise of Monroe County's police power or actions of o Monroe County when acting in a quasi-judicial capacity. Wherever in this Agreement a provision requires cooperation, good faith or similar effort to be undertaken at no cost to a party, the party co-operating, reviewing or undertaking the effort shall, nonetheless, bear its cost of attendance at meetings, hearings or proceedings and comment and/or execution of documents, inclusive of the expense of its counsel. R. Successors and Assigns. This Agreement shall constitute a covenant running with the land,which shall be binding upon the Parties hereto,their successors in interest, heirs, assigns, and personal representatives. S. Joint Preparation. This Agreement has been drafted with the participation of Monroe County and SH Marina and their counsel and shall not be construed against C any party on account of draftsmanship. The captions of each article, section and o subsection contained in this Agreement are for ease of reference only and shall not U- affect the interpretational meaning of this Agreement. Whenever the term "included" is used in this Agreement, it shall mean that the included items, or terms are included without limitation as to any other items or terms,which may fall within the listed category. E T. Notices. All notices, demands, requests, or replies provided for or permitted by this 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 EE Service as Certified or Registered mail, return receipt requested, postage prepaid to the addresses stated below; or(c)by deposit with an overnight express delivery service with proof of receipt. Notice shall be deemed effective upon receipt. For purposes of notice, demand, request, or replies: The address of Monroe County shall be: County Administrator E 1100 Simonton Street U Room 2-205 Key West, Florida 33040 with a copy to: 00224701-v9 SIHYC Development Agreement 04/2021 Page 15 of 19 Packet Pg. 3312 Assistant County Attorney PO BOX 1026 Key West, FL 33041 and E E 1111 12th Street �+ Suite 408 Key West, Florida 33040 0. a The Address of SH Marinas 6000, LLC, a Florida limited liability company shall be: c� J Robert Spottswood 506 Fleming Street Key West, Florida 33040 with a copy to: Smith Hawks,PL W 138 Simonton Street Key West, FL 33040 It is the responsibility of the Parties to notify all Parties of change in name or address for proper notice. o U- U. Force Majeure. Any prevention, delay or stoppage due to strikes, lockouts, labor 2 disputes, acts of God, inability to obtain labor or materials or reasonable substitutes therefore, riot, civil commotion, fire or other casualty and other causes beyond the E reasonable control of the party obligated to perform, excluding the financial inability of such party to perform and excluding delays resulting from appeals or rehearing, shall excuse the performance by such party for a period equal to any such period of prevention, delay or stoppage. In order to avail itself of this force majeure provision,the party invoking the same shall provide the other party with a 0. written notice that shall consist of a recitation of all events that constitute force majeure events under this Section,together with the beginning and ending dates of such events. c� V. Construction. 1. This Agreement shall be construed in accordance and with the laws of the State of Florida. The Parties to this Agreement have participated fully in the negotiation and preparation hereof, and, accordingly, this Agreement shall not be more strictly construed against any one of the Parties hereto. 00224701-v9 SIHYC Development Agreement 04/2021 Page 16 of 19 Packet Pg. 3313 2. In construing this Agreement, the use of any gender shall include every other and all genders,and captions and section and paragraph headings shall be disregarded. All of the exhibits attached to this Agreement are incorporated fully, and made a part of, this Agreement. E W. Omissions. The Parties hereto recognize and agree that the failure of this Agreement to address a particular permit, condition, terms, or restriction shall not relieve either Party of the necessity of complying with the law governing said E permitting requirements, conditions, term, or restriction notwithstanding any such o a) omission. > X. Jurisdiction and Governing Law. The Parties hereto agree that any and all suits or actions at law shall be brought in Monroe County, Florida, and no other jurisdiction. This Agreement shall be construed and interpreted under the laws of the State of Florida. This Agreement is not subject to arbitration. Y. Litigation. The Parties agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement,the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, court costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation C proceedings initiated and conducted pursuant to this Agreement shall be in o accordance with the Florida Rules of Civil Procedure and usual and customary U_ procedures required by the circuit court of Monroe County. This Agreement is not subject to arbitration. `- Z. Time of Essence. Time shall be of the essence for each and every provision hereof. E AA. Entire Agreement. This Agreement, together with the documents referenced herein, constitute the entire agreement and understanding among the Parties with respect to the subject matter hereof, and there are no other agreements, EE representations or warranties other than as set forth herein. This Agreement may c not be changed, altered or modified except by an instrument in writing signed by the Party against whom enforcement of such change would be sought and subject to the requirements for the amendment of development agreements in the Act. BB. Counterparts. This Agreement may be executed in one or more counterparts, and by the different Parties hereto in separate counterparts, each of which when executed shall be deemed to be an original but all of which taken together shall E constitute one and the same agreement. U V CC. Recording. Monroe County shall record this Agreement with the Clerk of the Circuit Court of Monroe County within fourteen (14) days following signature by all Parties. SH Marina agrees that they shall be responsible for all recording fees 00224701-v9 SIHYC Development Agreement 04/2021 Page 17 of 19 Packet Pg. 3314 and other related fees and costs related to the recording and delivery of this Agreement as described in this section. The provisions hereof shall remain in full force and effect during the term hereof and shall be binding upon all successors in Interest to the Parties to this Agreement. Whenever an extension of any deadline is permitted or provided for under the terms of this Agreement, at the request of either Party, the other Parties shall join in a short-form recordable memorandum E confirming such extension that shall be recorded in the Public Records of Monroe County. DD. Conflicting Resolutions. All resolutions or parts thereof in conflict with the E provisions of this Agreement and its resolution are hereby repealed to the extent of o such conflict. > EE. 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 here shall not be invalidated thereby and shall be given full force and effect. FF. Effective Date. The "Effective Date" of this Agreement is thirty (30) days after the duly signed and recorded Agreement is received by the Florida Department of Community Affairs pursuant to Chapter 380, Florida Statutes. E a L_ w E REMAINDER OF PAGE INTENTIONALLY LEFT BLANK E SIGNATURE PAGE TO FOLLOW E c c� E U 00224701-v9 SIHYC Development Agreement 04/2021 Page 18 of 19 Packet Pg. 3315 IN WITNESS WHEREOF,the Parties hereto have set their hands and seals on the day and year below written. Sign, sealed, and delivered in SH Marinas 6000, LLC, the presence of: a Florida limited liability company. SH Marinas Manager, LLC, Signature a Florida limited liability company, Manager E Name of Witness (printed or typed) BY. ° Robert A. Spottswood, as Manager Dated: Signature Name of Witness (printed or typed) STATE OF FLORIDA COUNTY OF MONROE E a The foregoing instrument was acknowledged before me this day of 2021, U- by Robert A. Spottswood, as manager of SH Marinas Manager, LLC, a Florida limited liability company, as Manager of SH Marinas 6000, LLC a Florida limited liability company. He is ❑ personally known to me, OR ❑ produced as identification and ❑ did OR ❑ did not take an oath. (SEAL) n Notary Public, State of Florida c Printed Name My Commission expires: E U 00224701-vq SIHYC Development Agreement 04/2021 Page 19 of 19 Packet Pg. 3316 R.2.d DEVELOPMENT AGREEMENT FOR STOCK ISLAND HARBOR YACHT CLUB This DEVELOPMENT AGREEMENT ("Agreement") is entered into on the day of 20224-, by and between MONROE COUNTY, a political subdivision of the State of Florida ("Monroe County"), and SH Marinas 6000, LLC, a Florida limited liability E company ("SH Marina") (singularly a"Party", or collectively the"Parties"),pursuant to Sections 2 110-132, 110-133; 3�- �, � _of the Monroe County, Florida Code of Ordinances fart II 1-and D tieloprpe t Code ("Monroe County Code") and the Florida Local Government Development Agreement Act, E Florida Statutes Sections 163.3220-163.3243 3-)-and is binding on the "Effective Date" set .22, forth herein: WITNESSETH: Monroe County and the Parties hereto hereby agree as follows: I. RECITALS A. This Agreement involves the future redevelopment of property known as U) "Stock Island Harbor Yacht Club" ("SIHYC"),located at 6000 Peninsular Avenue, Stock Island, Florida 33040 ("Property"), fronting Peninsular Avenue, with access to and from the site from Peninsular Avenue, the legal description of which is contained in Exhibit A. SIHYC is owned by SH Marina. B. All Parties have the authority to enter into this Agreement through Florida Statute Sections 163.3220-163.3243 and their individual sole and undivided ownership of 2- SIHYC. C. Section 163.3220JA�, Florida Statutes, authorizes Monroe County to enter into E development agreements with landowners and/or governmental agencies to of 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. E c D. This Agreement, among other things, is intended to and shall constitute a development agreement among the Parties pursuant to the Florida Local c� Government Development Agreement Act, Section 163.3223, et seq., Florida Statutes (the "Act"). E. The Parties recognize that the public noticing and hearing procedures shall follow the requirements of F.S. 163.3225, which require public hearings before the Planning Commission and the Board of County Commissioners ("BOCC") for consideration of a development agreement. �C 00224701--vru�SIHYC Development Agreement 0I44/2022-- Page I of 19 Packet Pg. 3317 R.2.d F. Monroe County finds that entering into this Agreement furthers the purposes,goals, objectives, and policies of the Monroe County Year 2030 Comprehensive Plan ("Comprehensive plan"). G. SIHYC, 6000 Peninsular Avenue, Stock Island, Florida, is generally described as follows: E 1. SH Marina owns that certain real property located at 6000 Peninsular Avenue, Stock Island, Florida. A copy of the Special Warranty Deed evidencing SH Marina's ownership is attached hereto and incorporated E herein as Exhibit B. Currently SIHYC is used as a private marina, market 0. rate vacation rentals, a restaurant, and affordable housing. 2. As of the date of this Agreement, SIHYC is assessed by the Monroe County Property Appraiser as real- �� flarcel Identification number 00127480- � 000000. 3. The Comprehensive Plan designates all the parcels of the SIHYC as Mixed Use/Commercial (MC) on its Future Land Use Map. 4. The County Land Use District map designation for SIHYC has been amended simultaneously with the approval of this Agreement is Destination Resort(DR). 5. The County Tier Overlay District map designation for SIHYC is Tier I11. 6. SIHYC consists of 13.14 upland acres. 7. SIHYC was redeveloped as a full-scale marina resort which includes three (3)boat barns providing space for four hundred and seventy-five (475) dry E boat storage; one hundred (100) wet slips; one multi-use building 2 containing a combination of non-residential floor area for a ship store and three (3) affordable housing dwelling units; and three (3) attached market-rate dwelling units. The approval was recorded in Resolution No. EE P11-07, dated March 7, 2007. At the time of SIHYC's development in c 2007, it had obtained a Letter of Development Rights Determination dated December 1, 2006, which provided that the Property had fifty (50) liveaboard vessels and five (5)residential dwelling units. -I-n-21047,4A-en+e-e ����"z` - fir � ,`�. k�t-�~~~. -#• •� a�°�r cs•�.,_, `��.'3$ ,_ - ~i- -e� � The Property is required to utilize Transferable Development Rights(TDRs)for any density U not associated with the Property. H. Wrecker's Cay Apartments at Stock Island, LLC ("Wrecker's Cay") previously received approval maunder Development Order No. 03-21 to transfer to fir-weighty (80) 00224701--vru�SIHYC Development Agreement 0I44/2022-- Page 2 of 19 Packet Pg. 3318 R.2.d Permanent Dwelling Market Rate Unit's and eighteen (18) Transient Dwelling- —.1 Transferable ROGO Exemptions (TREs) (File No. 2019-149), from the Wrecker's Cay Apartments property to be held in certificate form with no designated receiver site. wh K s Lei _�A condition of D.O. No 03-21 is that a new minor conditional use hermit application and development order will be required for each receiver site Dro�osed. E Therefore, ant) oval of a development order to transfer these ROGO Exemptions to the 2 subi ect Property will be required. I. Road Abandonments 0. c 1 �ta� .^^����^��^' �;��� A, ^ � rifC�n January 21, 2022 Monroe W County approved the abandonment of the Eastern most portion of Peninsular Avenue, adjacent to the Property. The land associated with that abandonment has not been included in this agreement. J. Section 163.322OL4Florida Statutes, authorizes Monroe County to enter into 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. w II. PURPOSE A. The overall purpose of this Agreement is to allow the redevelopment of SIHYC with up to one hundred and seven (107) attached residential dwelling units which a are permitted to be utilized as vacation rental units, and up to forty-one (41) transient hotel dwelling units to be operated as a vacation resort including E associated accessory uses,pursuant to Monroe County Land Development Section 2- 130-81. B. This Agreement allows the redevelopment of the SIHYC utilizing, as part of its EE overall development, the eighty (80) market rate dwelling units from c Wrecker's Cay, three (3) existing market rate dwelling units on the Property as attached dwelling units permitted to be vacation rentals and eighteen(18)transient dwelling units from Wrecker's Cay in compliance with all applicable provisions of Florida Statutes,the Principles for Guiding Development in the Florida Keys Area of Critical State Concern, the Comprehensive Plan, the Master Plan for the Future Development of Stock Island and Key Haven,and the Monroe County Code. E C. The Agreement allows the Parties to implement the provisions of Monroe County U Code, as applied to SIHYC to develop a vacation and hotel resort at SIHYC, to attract sustainable tourism to Stock Island. III. AGREEMENT REQUIREMENTS 00224701--vru�SIHYC Development Agreement 0I44/2022-- Page 3 of 19 Packet Pg. 3319 R.2.d A. Recitals. The recitals explaining the intent and purpose of the project as set forth in the preceding clauses are incorporated herein and form a material part of this Agreement. The Parties recognize the binding effect of Florida Statutes Sections 163.3220-163.3243, as to the form and content of this Agreement and in accordance therewith set forth and agree to the following: E B. Legal Description and Ownership. The legal description for SIHYC is set forth in Exhibit A. C. Duration of Agreement. This Agreement shall remain in effect for ten (10)years 0. from the "Effective Date" as defined herein and may be extended through an amendment to the development agreement and approval at a public hearing, in accordance with Florida Statutes Section 163.3229. For the duration of this Agreement, the Parties agree that any development shall comply with and be controlled by this Agreement, the Monroe County Code, and the Monroe County Comprehensive Plan governing the development of the land in effect on the date of execution of this Agreement, in accordance with Section 163.3220, Florida Statutes. D. Permitted Uses. 1. SIHYC, 6000 Peninsular Avenue, Stock Island, Florida: a. SIHYC currently has a MU Land Use(Zoning)District designation and a corresponding MC Future Land Use Map designation. b. Contemporaneously with the approval of this Agreement, SIHYC's `- Land Use (Zoning) District has been approved for amendment by Monroe County from Mixed Use (MU)to Destination Resort(DR). E c. In accordance with this Agreement and with the DR Land Use(Zoning) District, as set forth in Monroe County Code Section 130-34, the principal purpose of the DR Land Use Map Category is to establish EE areas suitable for the development of planned tourist centers providing c on-site residential,recreational, commercial and entertainment facilities of a magnitude sufficient to attract visitors and tourists for tenancies of three or more days. d. In accordance with this Agreement and with the DR Land Use(Zoning) District, as set forth in Monroe County Code Section 130-34, and in compliance with other provisions of the Monroe County Code, the E permitted uses in the Land Use (Zoning) District include detached M dwellings, vacation rentals (if a special vacation rental permit or �xei p)tJ.on is obtained under the regulations established in section 134- 1), attached dwelling units (as a major conditional use), Hotels (as a minor conditional use) and accessory uses. Development on the 00224701--vru�SIHYC Development Agreement 0I44/2022-- Page 4 of 19 Packet Pg. 3320 R.2.d Property shall be governed and guided by Monroe County Code sections 110-70, 130-34, 130-81, 130-157 13�130-162, and 130- 164. e. Code Section 130-81 provides, in pertinent part: E a. The following uses are permitted as of right in the Destination a Resort district: � (1) Detached dwellings; E (2) Vacation rental use if a special vacation rental permit is 0. obtained under the regulations established in section 134-1; (3) Collocations on existing antenna-supporting structures, pursuant to section 146-5(c); (4) Replacement of an existing antenna-supporting structure pursuant to section 146-5(b); (5) Attached wireless communications facilities, as accessory uses,pursuant to section 146-5(d); (6) Stealth wireless communications facilities, as accessory W uses,pursuant to section 146- 5(e); and (7) Satellite earth stations, as accessory uses,pursuant to section 146-5(f). b. The following uses are permitted as minor conditional uses in the destination resort district, subject to the standards and procedures set forth in chapter 110, article III: (1) Hotels,provided that: a. The hotel has restaurant facilities on the premises that will accommodate no less than one-third of all hotel guests at maximum occupancy at a single serving; b. There are at least two satellite eating and drinking facilities, 0 each accommodating at least 25 persons; c. A separate meeting/conference and entertainment area that can also function as a banquet facility; d. A lobby that provides 24-hour telephone and reservation service; e. Active and passive recreation land-based activities are E available, with a minimum of tennis courts or racquetball U courts, or a spa/exercise room, provided at the standards < given below and at least two additional active and one additional passive recreational facility, including, but not limited to, the following: 00224701--vru�SIHYC Development Agreement 0I44/2022-- Page 5 of 19 Packet Pg. 3321 R.2.d Artive,Recreational Facilities Tennis c°=caau:at 1/25 units Raccicactball court. 1/25 units Sp<aiexercise room,of'no less than 500Sclaaaare feet 1ax150 units Dance floor 1=`hotel Play!ocld/ layground 1/150 units l4lMiatUre golf COUrse 1=`hotel � m Golf,course l``hotel c Shcaflleboarcl court,or other cocart games IM units Fitness course 1/hotel Pia ssiite eR ere ata'€nal Facilities J Nature trail walk 1/hotel Game room 11150 units Cardcn area 1=`hotel Observation area 1``hotel � Other uses rnav be saabstituted from-these with the written approval of'the director of planning stating the standards used and the manner in which � gaacsts i ll be served by saach f':acilitics.The directorof'plarn'ng,shall base his decision on generally accepted industry standards for comparable destination resorts, a) a� f. Active and passive water-oriented recreational facilities are available, a minimum of a swimming pool, or swimming areas, at the rate of seven square feet of water surface (excluding hot tubs and Jacuzzi) per hotel room (this requirement may be converted to linear feet of E shoreline swimming area at a ratio of one linear foot of beach per seven square feet of required water surface); g. Access to U.S. 1 is by way of: i. An existing curb cut; 0. ii. A signalized intersection; or iii. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; h. Each hotel establishes and maintains shuttle transport services to airports and tourist attractions to accommodate ten percent of the approved floor area in guest rooms; and E such housing shall be of any of the following types: U dormitory, studio, one bedroom, two bedrooms and shall be in addition to the approved hotel density and shall be used exclusively by employees qualifying under the employee housing provisions elsewhere in this chapter; 00224701--vru�SIHYC Development Agreement 0I44/2022-- Page 6 of 19 Packet Pg. 3322 R.2.d i. On-site employee housing living space is provided in an amount equal to ten percent of the approved floor area in guest rooms; and such housing shall be of any of the following types: dormitory, studio, one bedroom, two bedrooms and shall be in addition to the approved hotel density and shall be used exclusively by employees qualifying under the employee housing provisions elsewhere in this chapter; and j. Commercial retail is provided at a minimum of 200 square 0. feet to include convenience retail, food sales and gifts in one or more sites, excluding restaurants as required by subsection (b)(1) of this section, and in addition one and 1.3 square feet commercial retail per each guest room greater than 150 rooms. Additional commercial retail may be provided subject to the floor area ratio limitations of this chapter. Commercial retail may consist of dive shops, boat rentals, gift shops, barber/beauty services, travel agencies, provided that there is no extension signage advertising these amenities to the general public. Water-related services and W activities shall be located immediately proximate to the water unless otherwise prohibited. w c. The following uses are permitted as major conditional uses in the destination resort district, subject to the standards and procedures set forth in chapter 110, article III: (1) Marinas,provided that: E a. There are a minimum of seven boat slips, but the total number of boats stored on-site or elsewhere for guests or employees shall be no greater than one per hotel room; b. The parcel for development has access to water at least E 0. four feet below mean sea level at mean low tide; 2 c. The sale of goods and services is limited to fuel, food, boating, and sport fishing products; d. All boat storage shall be confined to wet slips or enclosed dry storage; e. All storage areas are screened from adjacent uses by a solid fence, wall, or hedge of at least six feet in height; and elevated racks,frames,or structures shall be enclosed 2 on at least three sides from the ground to the highest point < of the roof, 00224701--vru�SIHYC Development Agreement 0I44/2022-- Page 7 of 19 Packet Pg. 3323 R.2.d f. All storage areas are screened from adjacent uses by a solid fence, wall, or hedge of at least six feet in height; and elevated racks,frames,or structures shall be enclosed on at least three sides from the ground to the highest point of the roof, g. Live-aboard vessels are prohibited; (2) Attached and detached dwellings, designated as employee housing as provided for in section 139,provided that: 0. a. They are built for and occupied by employees of the destination resort facilities; b. The total area is no less that ten percent of the approved floor area in guest rooms of the resort/hotels within the development; c. The structures are designed and located so that they are visually compatible with established residential development within 250 feet of the parcel proposed for development; and d. The parcel proposed for development is separated from any established residential use by a class C buffer yard; (3) Attached dwelling units; u� (4) New antenna-supporting structures, pursuant to section 146-5(a); 2 D (5) Wastewater treatment facilities and wastewater treatment collection systems serving uses located in any land use district,provided that: a. The wastewater treatment facility and wastewater treatment collection systems are in compliance with all 0. federal, state, and local requirements; b. The wastewater treatment facility, wastewater treatment collection systems and accessory uses shall be screened >_ by structures designed to be architecturally consistent with the character of the surrounding community and shall minimize the impact of any outdoor storage, temporary or permanent; and E c. In addition to any district boundary buffers set forth in 2 chapter 114, article V, a planting bed, eight feet in width, < to be measured perpendicular to the exterior of the screening structure shall be established with the following: 00224701--vru�SIHYC Development Agreement 0I44/2022-- Page 8 of 19 Packet Pg. 3324 R.2.d 1. One native canopy tree for every 25 linear feet of screening structure and one understory tree for every ten linear feet of screening structure; 2. The required trees shall be evenly distributed throughout the planting bed; 3. The planting bed shall be installed as set forth in chapter 114, article IV; and 4. A solid fence may be required upon determination by the planning director. EE c 2. In accordance with the provisions of the Comprehensive Plan or Monroe County Code, the Property is permitted to have a maximum net residential c� density of eighteen (18)units per buildable acre,the development of which shall require transferrable development rights (TDRs) beyond the density 6 currently associated with the Property, and the allocated density permitted under the County Code. 3. The height of any new residential structure associated with the redevelopment of the SIHYC shall not exceed 49-40 feet from grade except � as allowed by Section 131-2 of the Monroe. Countv Code. No residential structure witli more din 2 habitable Hoors is Derroitted to e cee(l 35 feet, w E. Military Installation Area of Impact. SH Marina acknowledges and understands U) that SIHYC is within the Military Installation Area of Impact Overlay as defined by the Comprehensive Plan. SIHYC is located in the 70 DNL (Day-Night Average Sound Level) noise contour pursuant to the 2018 Air 2 Installations Compatible Use Zones study SH Marina agrees to: 1. Sound attenuate all habitable buildings to achieve an outdoor to indoor Noise Level Reduction (NLR) of at least 30 decibels; and �C 2. Place signage throughout the SIHYC prohibiting the use of unmanned aerial vehicles and/or drones on the Property; and 0. c 3. In any lease conveying a leasehold interest in a residential unit or a license agreement for dockage at SIHYC, SH Marina shall include language in the leasing or licensing document stating as follows: 4. "The property is located within the Military Installation Area of Impact Overlay and is subject to high noise levels due to Navy operations nearby. As it is located within the Military Installation Area of Impact of Overlay, the use of any unmanned aerial vehicle or drone is prohibited." F. Public Facilities. The numbers of existing vacation rentals, condominium units, and commercial uses were recognized in the planning of the sewage treatment plant 00224701--vru�SIHYC Development Agreement 0I44/2022-- Page 9 of 19 Packet Pg. 3325 R.2.d serving Stock Island. Based on a preliminary concurrency review, all public facilities identified below are available as of the date of this Agreement, and capacity for each is projected to be available concurrent with the impacts of development. A final concurrency review shall be required as part of the Building permit approval process. 1. The Florida Keys Aqueduct Authority ("FKAA") provides domestic potable water to SIHYC. Excluding existing development that may already be metered,the FKAA will provide sufficient meters for the proposed hotel resort. In addition, the FKAA will meter accessory development accordingly. 0. 2. Keys Energy Services ("KES") provides electric service to SIHYC. KES will provide sufficient meters required for the proposed hotel resort. In addition, KES will meter accessory development accordingly. 3. Solid waste service is provided to the SIHYC by a solid waste collection system franchised by Monroe County. 4. SIHYC is connected to central sewer via KW Resort Utilities Corp.'s system. 5. Based on preliminary traffic concurrency review, the proposed development,which contemplates the potential to permit up to 107 attached w market rate residential dwelling units, to be used as vacation rental units, up to 41 transient hotel dwelling units, and commercial uses, is currently within 5%LOSC, but may exceed the LOS C capacity of Segment 1,which may require mitigation.A final concurrency review shall be required as part of the building permit approval Process. In order to be in compliance with Monroe County Comprehensive Plan Policies 301.1.1, 301.1.2, 301.2.2, 301.2.3 and 301.2.4 as well as Land n Development Code Sections 114-2(a)(1)a., b., and c., mitigation, or �C sufficient evidence acceptable to Monroe County that the potential trip generation does not exceed LOS C,must be provided prior to issuance E of a building permit for the proposed development. 0. Mitigation may be in the form of specific improvements or proportioned a shared contribution towards improvements and strategies identified by the County, and/or FDOT to address any level of service degradation beyond LOS C and/or deficiencies. The applicant shall submit evidence of an agreement between the applicant and the FDOT for inclusion in any contract or agreement for improvements to US 1. For roadway E improvements required, the applicant/owner may utilize the following, 42 U pursuant to Land Development Code Section 114-2(b)(5)c.: a. The necessary facilities and services are in place at the time a development permit is issued; or 00224701 -vru�SIHYC Development Agreement 0I44/2022-- Page 10 of 19 Packet Pg. 3326 R.2.d b. The necessary facilities and services are in place at the time a certificate of occupancy, or its functional equivalent is issued. Prior to commencement of construction, the applicant shall enter into a binding and legally enforceable commitment to the County to assure construction or improvement of the facility; or c. A binding executed contract in place at the time a permit is issued which E provides for the commencement of the actual construction of the required facilities or provision of services; or �+ �C d. An enforceable development agreement guaranteeing that the necessary facilities and services will be in place with the issuance of a permit. An E enforceable development agreement may include, but is not limited to, 0. development agreements pursuant to section 163.3220, F.S., or an agreement or development order issued pursuant to Chapter 380, F.S.; or e. A proportionate share contribution or construction that is sufficient to accomplish one or more mobility improvement(s) that will benefit a regionally significant transportation facility. A proposed proportionate fair- share mitigation shall be reviewed pursuant to LDC Section 126-2. Any future changes to the use of the dwelling units, as described herein, shall require County approval and shall require additional traffic concurrency review at the time of approval pursuant to Comprehensive Plan Policy 301.1.1. G. Reservation or Dedication of Land. There is no reservation or dedication of land for public purpose contemplated by this Agreement. U) H. Development Allowed. The following specific criteria are those which will guide the redevelopment of SIHYC with up to one hundred and seven (107) attached residential dwelling units which are permitted to be utilized as vacation rental units, provided SH Marina receives the required vacation rental permit or vacation rental permit exemption; and up to forty-one(41)transient hotel dwelling units,operating E as a Destination Resort, including associated accessory uses, and are the standards a by which any further approvals shall be measured and shall be as follows: 1. Provided such development can be designed and approved by all applicable E codes, including but not limited to the Monroe County Comprehensive 0. Plan, Monroe Countv Code and Florida Building Code, SH Marina is permitted to redevelop and operate SIHYC as a resort hotel consisting of the following development: a. Up to 107 attached residential dwelling units b. Up to 41 transient units c. A minimum of 200 square feet of commercial retail to include convenience retail, food sales and gifts in one or more sites, excluding restaurants as required by 130-81(b)(1), and in addition one and 1.3 square feet commercial retail per each guest room greater than 150 rooms. Commercial retail may consist of dive shops, boat rentals, gift 00224701--vru�SIHYC Development Agreement 0I44/2022-- Page 11 of 19 Packet Pg. 3327 R.2.d shops, barber/beauty services, travel agencies,provided that there is no extension signage advertising these amenities to the general public. Water-related services and activities shall be located immediately proximate to the water unless otherwise prohibited. d. Up to 12,113 square feet of non-residential floor area consisting of any commercial retail over the 200 square feet described above. e. Lobby/Reception/Office building �+ f. Maintenance/Housekeeping building g. Restrooms, Fitness and Refreshments building 0. c h. Resort Swimming Pool i. Conference Center c� j. Restaurant, Bar, Kitchen k. Affordable/workforce dwelling units for employees of the resort. 1. Parking areas and landscaping. m. The height of any new building associated with the redevelopment of SIHYC shall not exceed 3 > ,40 feet, as described in Section 131-2 of the Monroe County Code. No buildings witli more dial 2 habitable floors � shall exceed 35 feet, 2. The Property is determined to have the following density: U) a. Allocated: 13.14 Dwelling Units or 131 transient Dwelling Units; d E Any density required above and beyond the density that exists on the Property, pursuant to the Code, shall require the use of TDRs. I. Approval of Conceptual Site Plan; Minor Revisions; Final Site Plan. The development authorized by this Agreement is depicted on the Conceptual Site Plan 0. prepared by Nichols, Brosch, Wurst, Wolfe & Associates, Inc., (the "Conceptual Site Plan"), attached hereto as Exhibit C. The Conceptual Site Plan is hereby approved by the County, uss as-b ba final p17r �al ftlle ate la � �lll ere l irecl art f aMa` r cli.ti. al.Use Permit l r l allt t M llr e C' l at C.' cle e�ti 11 130-81 and l 10-70; pfe= 4 1-d1lowever, that the final site plan submitted for building permits may slightly deviate from the Conceptual Site Plan to accommodate: (1) refinements to the U development plan made by the Developer, including minor configuration of structures, roadways,parking areas pathways, and swimming oot s ; (2) changes y �p g �p y � gp O� to the proposed Residential Dwelling units, Hotel, pool, recreation and accessory uses so long as the density and intensity set forth in the Agreement is not exceeded 00224701--vru�SIHYC Development Agreement 0I44/2022-- Page 12 of 19 Packet Pg. 3328 R.2.d or (3) to accommodate minor modifications that are necessary to meet regulatory requirements. The Final Site Plan will meet all applicable requirements established in Monroe County Code and such requirements shall not be varied unless Owner obtains a variance pursuant to applicable provisions of the Monroe County Code. J. Required Approvals. The following list of all development approvals and permits E approved or needed to be approved for the redevelopment of the Property, as 2 specified in this Agreement: 1. A Major Conditional Use Approval for the development contemplated 0. herein; and 2. One or more Minor Conditional Use Approvals for the transfer of TREs and a TDRs contemplated herein; 3. A Land Use District (zoning) Map amendment approval changing the property from Mixed-Use Commercial to Destination Resort; 4. A vacation rental permit or a vacation rental permit exemption; 5. Building permits will be required for the development contemplated herein. The development shall be consistent with all applicable codes, W including but not limited to the Monroe County Comprehensive Plan and Monroe County Code. w K. Finding of Consistency. By entering into this Agreement, Monroe County finds that the development permitted or proposed herein is consistent with and furthers Monroe County's Comprehensive Plan and Land Development ode. 1. This finding of consistency is contingent on the approval of the Land Use District (zoning) Map amendment approval changing the property from a Mixed-Use Commercial to Destination Resort. L. Breach,Amendment, Enforcement, and Termination. l. Material Breach. A material breach by the Parties is the failure of any Party to comply with the terms of this Agreement after Notice as provided herein. E 0. c 2. Notice. Upon any Party's material breach of the terms and conditions of this Agreement,the non-breaching Party/s shall serve written notice on and shall provide the opportunity,within ninety (90) days, to propose a method t� of fulfilling the Agreement's terms and conditions or curing the breach. All Parties shall be provided an additional ninety (90) days to cure the material breach or to negotiate an amendment to this Agreement within a reasonable time, as mutually agreed to by the Parties. E U 3. Amendment or Termination. The Parties hereto shall at all times adhere to the terms and conditions of this Agreement. Amendment, termination, extension, or revocation of this Agreement shall be made in accordance with the notification and procedural requirements set forth herein. 00224701--vru�SIHYC Development Agreement 0I44/2022-- Page 13 of 19 Packet Pg. 3329 R.2.d a. Amendments to this Agreement shall subject the Parties to the laws and policies in effect at the time of the amendment only if the conditions of Section 163.3233(2), Florida Statutes, are met. b. No modifications, extensions, amendments, or alterations of the terms or conditions contained herein shall be effective unless contained in a E written document approved and executed by the Parties. 2 c. Amendment, extension or termination shall require at least two (2) �C public hearings. The hearings shall be held pursuant to an application filed with Monroe County by the Party seeking to amend or terminate 0. this Agreement, along with the requisite filing fee. Notice of public hearing shall be in accordance with Monroe County Ordinances and Florida Statutes. 4. Enforcement. a. After notice and an opportunity to respond and/or cure the material breach as provided for below. In addition, Monroe County may utilize appropriate code enforcement remedies to cure any breach after notice and an opportunity to cure as provided herein. W b. The Parties, their successors or assigns, or any aggrieved or any adversely affected person as defined in Section 163.3215(2), Florida Statutes, 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 Sections 163.3243, Florida Statutes. c. Nothing contained herein shall limit any other powers, rights, or 2- remedies that either Party has, or may have in the future, to enforce the terms of this Agreement. M. State and Federal Law. If State or Federal laws enacted after the effective date of this Agreement preclude the Parties' compliance with the terms of this Agreement, this Agreement shall be modified as is necessary to comply with the relevant State or Federal laws. 0. c N. Compliance with Other Laws. The failure of this Agreement to address a particular permit, condition, term, or restriction shall not relieve the Parties of the necessity of complying with the laws governing said permitting requirements, conditions, terms or restrictions. O. Reservation of Rights. This Agreement shall not affect any rights, which may have accrued to any party to this Agreement under applicable law. Both Monroe County and the Parties reserve any and all such rights. All approvals referenced in this Agreement are subordinate to compliance with all applicable laws, codes, and land development regulations and permits, except to the extent otherwise provided for in this Agreement. 00224701--vru�SIHYC Development Agreement 0I44/2022-- Page 14 of 19 Packet Pg. 3330 R.2.d P. No Permit. This Agreement is not and shall not be construed as a Development Permit, Development Approval or authorization to commence development, nor shall it relieve the Parties of the obligations to obtain necessary Development Approvals that are required under applicable law and under and pursuant to the terms of this Agreement and Monroe County Code. E Q. Good Faith; Further Assurances; No Cost. The Parties to this Agreement have negotiated in good faith. It is the intent and agreement of the Parties that they shall cooperate with each other in good faith to effectuate the purposes and intent of, and E to satisfy their obligations under, this Agreement in order to secure to themselves 0. the mutual benefits created under this Agreement. The Parties agree to execute such further documents as may be reasonably necessary to effectuate the provisions of this Agreement;provided that the foregoing shall in no way be deemed to inhibit, restrict or require the exercise of Monroe County's police power or actions of Monroe County when acting in a quasi-judicial capacity. Wherever in this Agreement a provision requires cooperation, good faith or similar effort to be undertaken at no cost to a party, the party co-operating, reviewing or undertaking the effort shall, nonetheless, bear its cost of attendance at meetings, hearings or proceedings and comment and/or execution of documents, inclusive of the expense of its counsel. R. Successors and Assigns. This Agreement shall constitute a covenant running with the land,which shall be binding upon the Parties hereto,their successors in interest, heirs, assigns, and personal representatives. S. Joint Preparation. This Agreement has been drafted with the participation of Monroe County and SH Marina and their counsel and shall not be construed against a any party on account of draftsmanship. The captions of each article, section and subsection contained in this Agreement are for ease of reference only and shall not E affect the interpretational meaning of this Agreement. Whenever the term "included" is used in this Agreement, it shall mean that the included items, or terms are included without limitation as to any other items or terms,which may fall within the listed category. EE T. Notices. All notices, demands, requests, or replies provided for or permitted by this 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; or(c)by deposit with an overnight express delivery service with proof of receipt. Notice shall be deemed effective upon receipt. For purposes of notice, demand, request, or replies: E U 2 The address of Monroe County shall be: County Administrator 1100 Simonton Street 00224701--vru�SIHYC Development Agreement 0I44/2022-- Page 15 of 19 Packet Pg. 3331 R.2.d Room 2-205 Key West, Florida 33040 with a copy to: Assistant County Attorney E PO BOX 1026 2 Key West, FL 33041 �C and E E 0. c 1111 12th Street Suite 408 Key West, Florida 33040 The Address of SH Marinas 6000, LLC, a Florida limited liability company shall be: Robert Spottswood 506 Fleming Street Key West, Florida 33040 W with a copy to: Smith Hawks,PL u) 138 Simonton Street Key West, FL 33040 It is the responsibility of the Parties to notify all Parties of change in name or address for proper notice. E U. Force Majeure. Any prevention, delay or stoppage due to strikes, lockouts, labor o, disputes, acts of God, inability to obtain labor or materials or reasonable substitutes therefore, riot, civil commotion, fire or other casualty and other causes beyond the E reasonable control of the party obligated to perform, excluding the financial 0. inability of such party to perform and excluding delays resulting from appeals or rehearing, shall excuse the performance by such party for a period equal to any such period of prevention, delay or stoppage. In order to avail itself of this force majeure provision,the party invoking the same shall provide the other party with a written notice that shall consist of a recitation of all events that constitute force majeure events under this Section, together with the beginning and ending dates of such events. E U V. Construction. 1. This Agreement shall be construed in accordance and with the laws of the State of Florida. The Parties to this Agreement have participated fully in 00224701--vru�SIHYC Development Agreement 0I44/2022-- Page 16 of 19 Packet Pg. 3332 R.2.d the negotiation and preparation hereof, and, accordingly, this Agreement shall not be more strictly construed against any one of the Parties hereto. 2. In construing this Agreement, the use of any gender shall include every other and all genders,and captions and section and paragraph headings shall be disregarded. E All of the exhibits attached to this Agreement are incorporated fully, and made a part of, this Agreement. E W. Omissions. The Parties hereto recognize and agree that the failure of this 0. Agreement to address a particular permit, condition, terms, or restriction shall not relieve either Party of the necessity of complying with the law governing said permitting requirements, conditions, term, or restriction notwithstanding any such omission. X. Jurisdiction and Governing Law. The Parties hereto agree that any and all suits or actions at law shall be brought in Monroe County, Florida, and no other jurisdiction. This Agreement shall be construed and interpreted under the laws of the State of Florida. This Agreement is not subject to arbitration. Y. Litigation. The Parties agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement,the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, court costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. This Agreement is not E subject to arbitration. Z. Time of Essence. Time shall be of the essence for each and every provision hereof. E AA. Entire Agreement. This Agreement, together with the documents referenced 2 herein, constitute the entire agreement and understanding among the Parties with respect to the subject matter hereof, and there are no other agreements, representations or warranties other than as set forth herein. This Agreement may not be changed, altered or modified except by an instrument in writing signed by the Party against whom enforcement of such change would be sought and subject to the requirements for the amendment of development agreements in the Act. E BB. Counterparts. This Agreement may be executed in one or more counterparts, and U by the different Parties hereto in separate counterparts, each of which when < executed shall be deemed to be an original but all of which taken together shall constitute one and the same agreement. 00224701--vru�SIHYC Development Agreement 0I44/2022-- Page 17 of 19 Packet Pg. 3333 R.2.d CC. Recording. Monroe County shall record this Agreement with the Clerk of the Circuit Court of Monroe County within fourteen (14) days following signature by all Parties. SH Marina agrees that they shall be responsible for all recording fees and other related fees and costs related to the recording and delivery of this Agreement as described in this section. The provisions hereof shall remain in full force and effect during the term hereof and shall be binding upon all successors in E Interest to the Parties to this Agreement. Whenever an extension of any deadline a is permitted or provided for under the terms of this Agreement, at the request of either Party, the other Parties shall join in a short-form recordable memorandum confirming such extension that shall be recorded in the Public Records of Monroe E County. 0. DD. Conflicting Resolutions. All resolutions or parts thereof in conflict with the provisions of this Agreement and its resolution are hereby repealed to the extent of such conflict. EE. 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 here shall not be invalidated thereby and shall be given full force and effect. FF. Effective Date. The "Effective Date" of this Agreement shall not be before the associated Land Use District Map Amendment to Destination Resort(DR) Zoning becomes effective and is at least thirty (30) days after the duly signed and recorded Agreement is received by the Florida Department of Community Affairs pursuant to Chapter 380, Florida Statutes. E E 0. c REMAINDER OF PAGE INTENTIONALLY LEFT BLANK > SIGNATURE PAGE TO FOLLOW E U 00224701--vru�SIHYC Development Agreement 0I44/2022-- Page 18 of 19 Packet Pg. 3334 R.2.d IN WITNESS WHEREOF,the Parties hereto have set their hands and seals on the day and year below written. Sign, sealed, and delivered in SH Marinas 6000, LLC, the presence of: a Florida limited liability company. SH Marinas Manager, LLC, Signature a Florida limited liability company, Manager 0. Name of Witness (printed or typed) BY. c Robert A. Spottswood, as Manager Dated: J Signature Name of Witness (printed or typed) STATE OF FLORIDA COUNTY OF MONROE U) The foregoing instrument was acknowledged before me this day of 20224-, by Robert A. Spottswood, as manager of SH Marinas Manager, LLC, a Florida limited liability company, as Manager of SH Marinas 6000, LLC a Florida limited liability company. He is ❑ personally known to me, OR ❑ produced as identification and ❑ did OR ❑ did not take an oath. (SEAL) n Notary Public, State of Florida 0. c Printed Name My Commission expires: E U 00224701--vru�SIHYC Development Agreement 0I44/2022-- Page 19 of 19 Packet Pg. 3335 Page 4 of 8 Exhibit L t eciai ion Docp 2211586 UP! 2954 Pgp 818 EXHIBIT A Description of the Property Parcel A: On the island known as stock island and described according to George L. McDonald's plat of a part of said stock island, recorded in Plat Book Number one(1),Page 55, Monroe County, Florida public records, as follows: Lots five(5)and six(6)in Block Sixty-one(61);together with any riparian rights thereunto belonging or m in anywise appertaining.Also a parcel of bay bottom land in the Straits of Florida, South of and adjacent 2 to Lots 5 and 6,Block 61 of the plat of stock island,Monroe County, Florida and being recorded in Plat Book 1, Page 55 of the public records of Monroe County, Florida,and being more particularly described by metes and bounds as follows: 1. Commencing at the Northwest corner of said Block 61 of the plat of stock island, bear East for a distance of 400.00 feet to a point;thence bear South for a distance of 255.20 feet to the point of beginning of the parcel of bay bottom land hereinafter described,said point of beginning also being on the shoreline of W the straits of Florida; from said point of beginning,continue bearing South for a distance of 2178 feet, more or less,to a point;thence at right angles and East for a distance of 200 feet to a point;thence at right angles and North for a distance of 2178 feet, more or less, back to a point on the shoreline;thence meander to the shoreline in a Westerly direction for a distance of 200 feet,more or less,back to the point of beginning. Lying and being in Section 35,Township 67 South,Range 25 East, Monroe County, Florida. Parcel e. On the island known as stock island and described according to George L. McDonald's plat of a part of said stock island,recorded in Plat Book 1, Page 55 of the public records of Monroe County,Florida,as follows: Lot 7 in Block 61,commencing at a point on Peninsular Avenue,600 feet from the corner of Peninsular Avenue,and Maloney Avenue, running thence along Peninsular Avenue, in a Easterly direction 200 feet y and extending back at both ends of said line and at right angles to said Peninsular Avenue,in a Southerly direction to the waters of the gulf. Also, A parcel of Submerged land in Hawk Channel in Section 36,Township 67 South, Range 25 East,Monroe < County, Florida,more particularly described as follows: Beginning at the Northeast corner of Lot 7, Block 61,of a plat titled "All Lots 1,2, 3,5,6, Section 35; Lot 2 Section 36; Lot 3,Section 26; Lot 2,Section 34;Stock Island,Township 67 South,Range 25 East." Recorded in Plat Book 1, Page 55 of the public records of Monroe County,Florida,run East,for a distance of 420 feet.Thence run South for a distance of 820 feet,thence run West for a distance of 620 feet, thence run North,for a distance of 500 feet, more or less to the Southwest corner of said Lot 7,Block 61; thence meander the shoreline of said Lot 7, Block 61,in an Easterly and Northerly direction back to the point of beginning. Parcel : A parcel of land,and a portion of a Harbor,located in Section 36,Township 67 South,Range 25 East, Page 4 of 8 4810-8258-5224.2 117247209.5 Packet Pg. 3336 https:Hor.monroe-clerk.com/LandmarkWeb//Document/GetDocumentForPrintPNG/?reque... 1/31/2022 Page 5 of 8 R.2.e 00cR 2211586 9kp 2954 Pga 819 Stock Island, Monroe County, Florida,and being more particularly described as follows: Commence at the Southeasterly corner of Maloney Avenue and Peninsular Avenue,Stock Island, Monroe, County, Florida;thence East along the South right-of-way of Peninsular Avenue for 1220,12 feet; thence South 237.09 feet to the mean water line of Boca Chica Channel(Straits of Florida),as established on February 6-8, 1984 in accordance with Chapter 177,Part II of the laws of Florida (N.G.V.D. Elev.0.78), and the point of beginning;thence meander said mean high water line in a Southeasterly and Southwesterly direction with the following metes and bounds;South 241 04'03" East for 41.69 feet; thence South 621 38' 11" East for 19.12 feet;thence South 010 41'49"East for 10.59 feet;thence South 240 28'37"East for 28.04 feet; thence South 6211 09'03"East for 39.39 feet;thence South 030 24'06" o East for 30.50 feet;thence South 25°36'43"East for 159.75 feet;thence South 740 09'24"West for o 41.92 feet;thence South 210 26' 38"West for 57.27 feet;thence South 10°09'39"East for 15.15 feet; thence leaving said mean high water line,West for 93.01 feet;thence North 355.51 feet to the point of beginning. m Parcel D: E 0 A line meandering the Riparian Upland parcel,which was filled prior to July 01, 1975, lying on and adjacent to the Straits of Florida in Section 36,Township 67 South, Range 25 East,Stock Island,Monroe o County,Florida and being more particularly described as follows: CJ Commence at the Northwest corner of Lot 1, Block 61, "George L.McDonald's plat of Stock Island" according to the plat thereof,as recorded in Plat Book 1, Page 55 of the public records of Monroe County,Florida,said point also being the intersection of the Southerly right of way line of Peninsular CD Avenue and the Easterly right of way of Maloney Avenue;thence East along the said Southerly right of way line Peninsular Avenue for 1220.12 feet;thence South for 820.00 feet;thence North 901 00'00" West a distance of 253.94 feet to the mean high water line lying along a concrete seawall;thence West a distance of 270.51 feet to the mean high water line of the Straits of Florida and the point of beginning; thence meander the said mean high water line(elevation 0.78 as located on February 6-8, 1984)for the following metes and bounds thence South 060 39'55"East a distance of 13.57 feet;thence South 01°24' U) 10"West a distance of 23.35 feet;thence South 220 37'25"West a distance of 26.52 feet;thence South 370 58'46"West a distance of 7.90 feet; thence South 200 19'26"West a distance of 38.26 feet;thence South 600 38'26"east a distance of 19.18 feet; thence South 061 04'23"West a distance of 15.61 feet; thence South 850 05' 18"West a distance of 28.79 feet;thence South 210 19' 54"West a distance of U 96.92 feet;thence South 120 39'37"East a distance of 76.34 feet;thence South 411 05'57" East a distance of 57.42 feet;thence South 441 50' 22" East a distance of 53.30 feet;thence South 680 57'35" East a distance of 41.86 feet;thence South 190 23'41"East a distance of 28.68 feet;thence South 520 51'02"East a distance of 48.91 feet;thence South 280 11'22"East a distance of 70.63 feet;thence o South 68°54'31"East a distance of 43.30 feet;thence North 851 00' 12 east a distance of 40.22 feet; thence North 860 54'27"east a distance of 66.20 feet;thence South 380 57'33"east a distance of 57.90 feet;thence North 760 13'35" East a distance of 58.49 feet; thence North 650 57'31" East a distance of 117.63 feet;thence North 590 25' 13"East a distance of 97.46 feet;thence North 380 31'22"East a distance of 75.96 feet;thence North 380 41'03"East a distance of 43.44 feet;thence North 301 02'00" East a distance of 78.59 feet;thence North 200 30' 15"East a distance of 86.15 feet;thence North 14° 41'49"East a distance of 44.12 feet;thence North 631 36'44"West a distance Of 32.35 feet;thence South 690 54'51"West a distance of 32.61 feet; thence South 220 01'01"West a distance of 40.70 feet; thence South 280 05'52"West a distance of 74.87 feet;thence South 311 16'23"West a distance of 105.45 feet;thence South 090 58'35"West a distance of 26.65 feet;thence South 56036'51"West a distance of 52.92 feet;thence South 67151'11"West a distance of 157.26 feet;thence South 68036'57" �- West a distance of 49.19 feet;thence North 84043'18"West a distance of 89.46 feet;thence North 61055'36"West a distance of 116.39 feet;thence North 4310523"West a distance of 164.87 feet;thence North 241100'54"West a distance of 53.88 feet;thence North 02°23'52" East a distance of 65.21 feet; thence north 04146'21"East a distance of 59.18 feet;thence North 44147'37"East a distance of 14.49 Page 5 of 8 4810-8258-5224.2 11724720M Packet Pg. 3337 https:Hor.monroe-clerk.com/LandmarkWeb//Document/GetDocumentForPrintPNG/?reque... 1/31/2022 Page 6 of 8 R.2.e Bocp 2211586 Bkp 2954 Pgp 820 feet;thence North 87005'57"East a distance of 7.84 feet;thence North 54052'52" East a distance of 61.46 feet; thence North 45022'45" East a distance of 43.01 feet;thence North 60013'02"East a distance of 19.78 feet;thence North 76017'21"East a distance of 15.54 feet; thence South 89014'33"East a distance of 23.37 feet;thence South 76001'39"East,a distance of 19.75 feet; thence North 83030'30" East a distance of 7.49 feet;thence North 71047'24"East a distance of 31.99 feet;thence North 68011'08"East a distance of 30.92 feet;thence North 55017'15" East a distance of 19.50 feet;thence South 33018'08"East a distance of 3.93 feet;thence North 57016'39" East a distance of 22.00 feet; thence North 36035'34"West a distance of 9.58 feet;thence West for 270.51 feet to the point of beginning. Parcel : CD A parcel of land in Section 36,Township 67 South, Range 25 East, Stock Island, Monroe County,Florida and being more particularly described as follows: �- Commence at the Southeasterly corner of Maloney Avenue and Peninsular Avenue,Stock Island, Monroe County,Florida;thence East along the South right-of-way of Peninsular Avenue for 1,220.12 feet;thence South 592.60 feet to the point of beginning;thence continue South 227.40 feet to the mean high water line of Lagoon and Boca Chica Channel(Straits of Florida),as established on Feb 6-8, 1984 in accordance W with Chapter 177,Part II of the Laws of Florida(N.G.V.D.,Elev 0.78); thence meander said mean high water line in a Southeasterly,Easterly,and Northerly direction with the following metes and bounds; South 80038'33" East for 26.87 feet;thence South 73146'26"East for 57.64 feet; thence South 35125'39" East for 37.75 feet;thence North 85049'19"East for 28,40 feet; thence North 15018'51"East for 32.71 CD feet; thence North 06019'23"East for 59.65 feet;thence North 09019'59"West for 13.07 feet;thence North 23050'47"West for 36.82 feet;thence North 17054'54"West for 89.86 feet; thence North 10009'40"West for 54.51 feet;thence leaving said mean high water line,West for 93.01 feet to the point of beginning. Less and except Key West Harbour Condominium(f/k/a Key West Harbour Yacht Club,a Condominium), pursuant to Amended and Restated Declaration of Condominium for Key West Harbour Condominium, U) and any exhibits annexed thereto, recorded in Official Records Book 2632,Page 1581,and First Amendment to Amended and Restated Declaration of Condominium recorded in Official Records Book 2762, Page 1534,according to the public records of Monroe County, Florida. AND UNIT WS-32 AND UNIT B1-L1-20 OF KEY WEST HARBOUR CONDOMINIUM(F/K/A KEY WEST HARBOUR YACHT CLUB,A CONDOMINIUM),PURSUANT TO AMENDED AND RESTATED DECLARATION OF CONDOMINIUM FOR KEY WEST HARBOUR CONDOMINIUM,AND ANY EXHIBITS ANNEXED THERETO, RECORDED IN OFFICIAL RECORDS BOOK 2632,PAGE 1581,AND FIRST AMENDMENT TO AMENDED AND RESTATED DECLARATION OF CONDOMINIUM RECORDED IN OFFICIAL RECORDS BOOK 2762, PAGE 1534,OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA,TOGETHER WITH AN UNDIVIDED PERCENTAGE INTEREST IN THE COMMON ELEMENTS APPURTENANT THERETO,AS SET FORTH IN THE SAID DECLARATION. Page 6 of 8 4810-8258-5224.2 117247209.5 Packet Pg. 3338 https:Hor.monroe-clerk.com/LandmarkWeb//Document/GetDocumentForPrintPNG/?reque... 1/31/2022 Pagel of 8 Exhibit B Warrantv Deed' R.2.f DocU 2211586 03/19/2019 3:51PM Filed 8 Recorded in Official Records of MONROE COUNTY KEVIN MADOK This instrument prepared by 03/I9/2019 3:51pM and return to: DEED DOC STAMP CL: Brit $238,231.00 Robert H.Gebaide,Esq. Docc# 222321586p 815 BAKER&HOSTETLER LLP 2300 Sun Trust Center 200 South Orange Avenue Post Office Box 112 Orlando,Florida 32802-0112 Telephone:(407)649-4000 Parcel ID Nos.:00127480-000000;00127475-000132; and 00127477-000101 through 00127477-000116; and 00127477-000119;and 00127477-000121 through 00127477-000123;and 00127471-000120 0. Consideration: $34,033,000.00 SPECIAL WARRANTY DEED U THIS SPECIAL WARRANTY DEED, made and executed on March 2019, by Key West Marina Investments, L.L.C., a Florida limited liability company (hereinafter referred to as the "Grantor"), whose address is 1114 Avenue of the Americas, 39't' Floor, New York, NY 10036, to SH Marinas 6000, LLC,a Florida limited liability company(hereinafter referred to as the "Grantee"),whose address is 506 Fleming Street,Key West,Florida 33040. "erever used herein the terra "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,partnerships(includingjoint ventures,public bodies and quasi-public bodies) WITNESSETH: THAT Grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS($10.00)and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,does hereby grant,bargain,sell,alienate,remise,release,convey,and transfer unto Grantee,all of that certain land lying and being in the County of Monroe,State of Florida,to-wit: See Exhibit"A"attached hereto and made a part hereof by reference _ (hereinafter referred to as the"Property"). x TOGETHER with all buildings, structures, and improvements thereon and all of the rights, uJ privileges,appurtenances, hereditaments, easements, reversions, and remainders pertaining to or used in connection therewith, including,without limitation,all strips and gores,streets,alleys,easements, rights- m of-way,public ways,or other rights appurtenant,adjacent,or connected thereto. TO HAVE AND TO HOLD the same in fee simple forever,subject to(i)taxes for the year of this instrument and thereafter;(ii)zoning and other use restrictions,conditions,or requirements now or hereafter imposed by governmental authorities;and(iii)without re-imposing same,those matters appearing on Exhibit"B"attached hereto and by this reference made a part hereof((i)through(iii), collectively,"Permitted Exceptions"). Page 1 of 8 117247209.v6 Packet Pg. 3339 https:Hor.monroe-clerk.com/LandmarkWeb//Document/GetDocumentForPrintPNG/?reque... 1/31/2022 Page 2 of 8 D000 2211586 Bko 2954 Pg# 816 FURTHER, Grantor hereby covenants with and warrants to Grantee that Grantor is lawfully seized of the Property in fee simple; and that Grantor has good, right and lawful authority to sell and convey the Property,and hereby specially warrants the title to the Property and will defend the same against the lawful claims of all persons whomsoever claiming by, through or under Grantor, but no one else, subject to the Permitted Exceptions. [Signatures on following page.] CD m 0. 0 CJ o� o� o� o� x o� Page 2 of 8 4810-8258-5224.4 Packet Pg. 3340 https:Hor.monroe-clerk.com/LandmarkWeb//Document/GetDocumentForPrintPNG/?reque... 1/31/2022 Page 3 of 8 DOCN 2211586 Bkp 2954 P90 B17 IN WITNESS WHEREOF, Grantor has caused this Special Warranty Deed to be duly executed as of the day and year first above written. Signed,sealed and delivered in our presence: Key West Marina Investments,L.L,C.,a Florida limited liability company Print By: Name:Adam Matos m Title:Senior Vice President 0. Print Name: Cafbc6i,tTe»ney CJ CD -1 STATE OF " pyt l� �) CD f COUNTY OF The foregoing instrument was acknowledged before me this day of I AaC4 2019, by Adam Matos, as Senior Vice President of Key West Marina Investments, L.L.C., a Florida limited liability company,on behalf thereof.He/is personally known to me,or[] produced W as identification. nz Not ub' (Affix Notary Seal) mt Name: My Commission expires: Jesus Rosado Notary Public,State of Now York No.01R06242248 Qualified in Bronx County Commission Expires May 31,20 m nz Packet Pg. 3341 https:Hor.monroe-clerk.com/LandmarkWeb//Document/GetDocumentForPrintPNG/?reque... 1/31/2022 Page 4 of 8 Docp 2211586 UP! 2954 Pgp 818 EXHIBIT A Description of the Property Parcel A: On the island known as stock island and described according to George L. McDonald's plat of a part of said stock island, recorded in Plat Book Number one(1),Page 55, Monroe County, Florida public records, as follows: Lots five(5)and six(6)in Block Sixty-one(61);together with any riparian rights thereunto belonging or in anywise appertaining.Also a parcel of bay bottom land in the Straits of Florida, South of and adjacent to Lots 5 and 6,Block 61 of the plat of stock island,Monroe County, Florida and being recorded in Plat CD Book 1, Page 55 of the public records of Monroe County, Florida,and being more particularly described by metes and bounds as follows: Commencing at the Northwest corner of said Block 61 of the plat of stock island, bear East for a distance 0. of 400.00 feet to a point;thence bear South for a distance of 255.20 feet to the point of beginning of the 2 parcel of bay bottom land hereinafter described,said point of beginning also being on the shoreline of > the straits of Florida; from said point of beginning,continue bearing South for a distance of 2178 feet, more or less,to a point;thence at right angles and East for a distance of 200 feet to a point;thence at CJ right angles and North for a distance of 2178 feet, more or less, back to a point on the shoreline;thence meander to the shoreline in a Westerly direction for a distance of 200 feet,more or less,back to the Point of beginning. Lying and being in Section 35,Township 67 South,Range 25 East, Monroe County, Florida. Parcel e: On the island known as stock island and described according to George L. McDonald's plat of a part of said stock island,recorded in Plat Book 1, Page 55 of the public records of Monroe County,Florida,as W follows: Lot 7 in Block 61,commencing at a point on Peninsular Avenue,600 feet from the corner of Peninsular Avenue,and Maloney Avenue, running thence along Peninsular Avenue, in a Easterly direction 200 feet and extending back at both ends of said line and at right angles to said Peninsular Avenue,in a Southerly direction to the waters of the gulf. Also, A parcel of Submerged land in Hawk Channel in Section 36,Township 67 South, Range 25 East,Monroe County, Florida,more particularly described as follows: x Beginning at the Northeast corner of Lot 7, Block 61,of a plat titled "All Lots 1,2, 3,5,6, Section 35; Lot 2 Section 36; Lot 3,Section 26; Lot 2,Section 34;Stock Island,Township 67 South,Range 25 East." Recorded in Plat Book 1, Page 55 of the public records of Monroe County,Florida,run East,for a distance of 420 feet.Thence run South for a distance of 820 feet,thence run West for a distance of 620 feet, thence run North,for a distance of 500 feet, more or less to the Southwest corner of said Lot 7,Block 61; thence meander the shoreline of said Lot 7, Block 61,in an Easterly and Northerly direction back to the point of beginning. Parcel : A parcel of land,and a portion of a Harbor,located in Section 36,Township 67 South,Range 25 East, Page 4 of 8 4810-8258-5224.2 117247209.5 Packet Pg. 3342 https:Hor.monroe-clerk.com/LandmarkWeb//Document/GetDocumentForPrintPNG/?reque... 1/31/2022 Page 5 of 8 00cR 2211586 9kp 2954 Pga 819 Stock Island, Monroe County, Florida,and being more particularly described as follows: Commence at the Southeasterly corner of Maloney Avenue and Peninsular Avenue,Stock Island, Monroe, County, Florida;thence East along the South right-of-way of Peninsular Avenue for 1220,12 feet; thence South 237.09 feet to the mean water line of Boca Chica Channel(Straits of Florida),as established on February 6-8, 1984 in accordance with Chapter 177,Part II of the laws of Florida (N.G.V.D. Elev.0.78), and the point of beginning;thence meander said mean high water line in a Southeasterly and Southwesterly direction with the following metes and bounds;South 241 04'03" East for 41.69 feet; thence South 621 38' 11" East for 19.12 feet;thence South 010 41'49"East for 10.59 feet;thence South 240 28'37"East for 28.04 feet; thence South 6211 09'03"East for 39.39 feet;thence South 030 24'06" East for 30.50 feet;thence South 250 36'43"East for 159.75 feet;thence South 740 09'24"West for 41.92 feet;thence South 211 26' 38"West for 57.27 feet;thence South 100 09'39"East for 15.15 feet; thence leaving said mean high water line,West for 93.01 feet;thence North 355.51 feet to the point of beginning. Parcel D: I. A line meandering the Riparian Upland parcel,which was filled prior to July 01, 1975, lying on and c adjacent to the Straits of Florida in Section 36,Township 67 South, Range 25 East,Stock Island,Monroe > County,Florida and being more particularly described as follows: Commence at the Northwest corner of Lot 1, Block 61, "George L.McDonald's plat of Stock Island" according to the plat thereof,as recorded in Plat Book 1, Page 55 of the public records of Monroe County,Florida,said point also being the intersection of the Southerly right of way line of Peninsular CD Avenue and the Easterly right of way of Maloney Avenue;thence East along the said Southerly right of way line Peninsular Avenue for 1220.12 feet;thence South for 820.00 feet;thence North 901 00'00" West a distance of 253.94 feet to the mean high water line lying along a concrete seawall;thence West a distance of 270.51 feet to the mean high water line of the Straits of Florida and the point of beginning; thence meander the said mean high water line(elevation 0.78 as located on February 6-8, 1984)for the following metes and bounds thence South 061 39'55"East a distance of 13.57 feet;thence South 01°24' W 10"West a distance of 23.35 feet;thence South 220 37'25"West a distance of 26.52 feet;thence South 370 58'46"West a distance of 7.90 feet; thence South 200 19'26"West a distance of 38.26 feet;thence South 601 38'26"east a distance of 19.18 feet; thence South 061 04'23"West a distance of 15.61 feet; thence South 850 05' 18"West a distance of 28.79 feet;thence South 211 19' 54"West a distance of 96.92 feet;thence South 120 39'37"East a distance of 76.34 feet;thence South 410 05'57" East a distance of 57.42 feet;thence South 440 50' 22" East a distance of 53.30 feet;thence South 68°57'35" East a distance of 41.86 feet;thence South 190 23'41"East a distance of 28.68 feet;thence South 520 51'02"East a distance of 48.91 feet;thence South 281 11'22"East a distance of 70.63 feet;thence South 680 54'31"East a distance of 43.30 feet;thence North 850 00' 12"east a distance of 40.22 feet; thence North 860 54'27 east a distance of 66.20 feet;thence South 381 57'33"east a distance of 57.90 feet;thence North 760 13'35" East a distance of 58.49 feet; thence North 650 57'31" East a distance of - 117.63 feet;thence North 590 25' 13"East a distance of 97.46 feet;thence North 380 31'22"East a distance of 75.96 feet;thence North 380 41'03"East a distance of 43.44 feet;thence North 301 02'00" East a distance of 78.59 feet;thence North 200 30' 15"East a distance of 86.15 feet;thence North 140 41'49"East a distance of 44.12 feet;thence North 630 36'44"West a distance Of 32.35 feet;thence South 690 54'51"West a distance of 32.61 feet; thence South 220 01'01"West a distance of 40.70 feet; thence South 281 05'52"West a distance of 74.87 feet;thence South 311 16'23"West a distance of 105.45 feet;thence South 09°58'35"West a distance of 26.65 feet;thence South 56136'51"West a distance of 52.92 feet;thence South 67151'11"West a distance of 157.26 feet;thence South 68°36'57" West a distance of 49.19 feet;thence North 84043'18"West a distance of 89.46 feet;thence North 61055'36"West a distance of 116.39 feet;thence North 43110523"West a distance of 164.87 feet;thence North 241100'54"West a distance of 53.88 feet;thence North 02023'52" East a distance of 65.21 feet; thence north 04046'21"East a distance of 59.18 feet;thence North 44147'37"East a distance of 14.49 Page 5 of 8 4810-8258-5224.2 11724720M Packet Pg. 3343 https:Hor.monroe-clerk.com/LandmarkWeb//Document/GetDocumentForPrintPNG/?reque... 1/31/2022 Page 6 of 8 Bocp 2211586 Bkp 2954 Pgp 820 feet;thence North 87005'57"East a distance of 7.84 feet;thence North 54052'52" East a distance of 61.46 feet; thence North 45022'45" East a distance of 43.01 feet;thence North 60013'02"East a distance of 19.78 feet;thence North 76017'21"East a distance of 15.54 feet; thence South 89014'33"East a distance of 23.37 feet;thence South 76001'39"East,a distance of 19.75 feet; thence North 83030'30" East a distance of 7.49 feet;thence North 71047'24"East a distance of 31.99 feet;thence North 68011'08"East a distance of 30.92 feet;thence North 55017'15" East a distance of 19.50 feet;thence South 33018'08"East a distance of 3.93 feet;thence North 57016'39" East a distance of 22.00 feet; thence North 36035'34"West a distance of 9.58 feet;thence West for 270.51 feet to the point of beginning. Parcel : A parcel of land in Section 36,Township 67 South, Range 25 East, Stock Island, Monroe County,FloridaCD and being more particularly described as follows: Commence at the Southeasterly corner of Maloney Avenue and Peninsular Avenue,Stock Island, Monroe County,Florida;thence East along the South right-of-way of Peninsular Avenue for 1,220.12 feet;thence 0. South 592.60 feet to the point of beginning;thence continue South 227.40 feet to the mean high water c line of Lagoon and Boca Chica Channel(Straits of Florida),as established on Feb 6-8, 1984 in accordance with Chapter 177,Part II of the Laws of Florida(N.G.V.D.,Elev 0.78); thence meander said mean high water line in a Southeasterly,Easterly,and Northerly direction with the following metes and bounds; South 80038'33" East for 26.87 feet;thence South 73146'26"East for 57.64 feet; thence South 35125'39" East for 37.75 feet;thence North 85049'19"East for 28,40 feet; thence North 15018'51"East for 32.71 feet; thence North 06019'23"East for 59.65 feet;thence North 09119'59"West for 13.07 feet;thence North 23050'47"West for 36.82 feet;thence North 17054'54"West for 89.86 feet; thence North 10009'40"West for 54.51 feet;thence leaving said mean high water line,West for 93.01 feet to the point of beginning. Less and except Key West Harbour Condominium(f/k/a Key West Harbour Yacht Club,a Condominium), pursuant to Amended and Restated Declaration of Condominium for Key West Harbour Condominium, W and any exhibits annexed thereto, recorded in Official Records Book 2632,Page 1581,and First Amendment to Amended and Restated Declaration of Condominium recorded in Official Records Book 2762, Page 1534,according to the public records of Monroe County, Florida. AND UNIT WS-32 AND UNIT B1-L1-20 OF KEY WEST HARBOUR CONDOMINIUM(F/K/A KEY WEST HARBOUR YACHT CLUB,A CONDOMINIUM),PURSUANT TO AMENDED AND RESTATED DECLARATION OF CONDOMINIUM FOR KEY WEST HARBOUR CONDOMINIUM,AND ANY EXHIBITS ANNEXED THERETO, RECORDED IN OFFICIAL RECORDS BOOK 2632,PAGE 1581,AND FIRST AMENDMENT TO AMENDED AND RESTATED DECLARATION OF CONDOMINIUM RECORDED IN OFFICIAL RECORDS BOOK 2762, - PAGE 1534,OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA,TOGETHER WITH AN UNDIVIDED PERCENTAGE INTEREST IN THE COMMON ELEMENTS APPURTENANT THERETO,AS SET FORTH IN THE SAID DECLARATION. Page 6 of 8 4810-8258-5224.2 117247209.5 Packet Pg. 3344 https:Hor.monroe-clerk.com/LandmarkWeb//Document/GetDocumentForPrintPNG/?reque... 1/31/2022 Page 7 of 8 Doca 2211586 Bkp 2954 Pgn 821 EXHIBIT B Permitted Exceptions 1. Taxes and assessments for the year 2019 and subsequent years,which are not yet due and payable. 2. Oil,gas and mineral reservations contained in Deed No 21117 from the Trustees of the Internal Improvement Fund of Florida,dated January 13, 1956,recorded January 23, 1956 in Book 53, page 327.Note:The right of entry has been released pursuant to§270.11 F.S. 3. Oil,gas and mineral reservations contained in Deed No 20903 from the Trustees of the Internal Improvement Fund of Florida,dated June 13, 1957,recorded March 24, 1969 in Book 427,page 1063.Note:The right of entry has been released pursuant to§270.11 F.S. 0. 4. Oil,gas and mineral reservations contained in Deed No 26595 from the Trustees of the Internal Improvement Fund of Florida,dated January 28, 1986,recorded February 11, 1986 in Book 965, page 1029,as corrected by deed dated June 24, 1986,recorded July 14, 1986 in Book 981,page 544.Note:The right of entry has been released pursuant to§270.11 F.S. CJ 5. License Agreement dated December 31, 1985,by and between E. J. Ming, Jr., Robert N. Ming and Donald L. Ming, doing business as Ming Partnership No. 2 and the State of. Florida, CD CD Department of Natural Resources recorded February 11, 1986 in Book 965,page 1119. cta 6. Resolution No. 265-2004 of The Board of County Commissioners of Monroe County, Florida, Relating To The Provision of Wastewater Capacity; Imposing Annual Wastewater Assessments; Approving The Non-Ad Valorem Assessment Roll;Providing For Collection of The Waste Water Assessments, together with Utility Agreement and Consent and Acknowledgement; And Providing An Effective Date,recorded June 23,2005 in Book 2126,page 511. 7. Planning Commission Resolution No. Pi 1-07 Approving the request for an amendment to a Major Conditional Use Permit to Redevelop the Existing Marina as recorded May 25, 2007 in Book 2297,Page 789. S. Easement granted to Comeast of California/Colorado/Florida/Oregon, Inc. by instrument recorded March 14,2008 in Book 2350,Page 578. 9. Easement granted to The Utility Board of the City of Key West,Florida by instrument recorded April 29,2008 in Book 2358,Page 628. UJ 10. Flood Variance Affidavit as set forth in instrument recorded May 14, 2008 in Book 2361, Page 124. 11. Monroe County Moderate Affordable Housing Restrictive Covenant as set forth in instrument recorded June 6,2008 in Book 2365,Page 351. 12. Deed of Conservation Easement granted to Board of Trustees of the Internal Improvement Trust Fund of the State of Florida by instrument recorded June 6, 2008 in Book 2365, Page 486, an Corrective Deed of Conservation Easement recorded October 31,2008 in Book 2386,Page 1972. (As to fee lands only) Page 7 of 8 4810-8258-5224.2 117247209.5 Packet Pg. 3345 https:Hor.monroe-clerk.com/LandmarkWeb//Document/GetDocumentForPrintPNG/?reque... 1/31/2022 Page 8 of 8 DocN 2211586 BkN 2954 PgN 822 13. Master Declaration of Covenants and Easements and Agreement for Shared Use for Key West Harbour, which contains provisions for a private charge or assessments,recorded June 7, 2013 in Book 2632, Page 1538, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). 14. Terms, provisions, restrictive covenants, conditions, reservations, rights, duties and easements contained in Certificate of Amendment Amended and Restated Declaration of m Condominium for KEY WEST HARBOUR CONDOMINIUM,and any Exhibits annexed m thereto, including, but not limited to, provisions for a private charge or assessments, recorded 2 June 7,2013 in Book 2632,Page 1581,as amended by:Certificate of Recording recorded August 6,2013 in Book 2643,Page 904,and First Amendment to Amended and Restated Declaration of Condominium recorded September 29, 20t5 in Book 2762, Page 1534 (as to Unit WS-32 and m Unit B-1-L1-20 of Key West Harbour Condominium only). 1 0 15. Terms and conditions of the Sovereignty Submerged Lands Lease between the Board of Trustees > of the Internal Improvement Trust Fund of the State of Florida and Key West Marina Investments, LLC, a Florida limited liability company, as recorded October 29, 2018, in Book 2933,Page 1860,and as amended by Sovereignty Submerged Lands Lease Assignment to Reflect Change of Upland Ownership OR New Sovereignty Submerged Lands Lease, in favor of Grantee,to be recorded. CD CD e� 16. Easement granted to Florida Keys Aqueduct Authority by instrument recorded August 3, 2018 in Book 2920,Page 1210. 17. Terms and conditions of existing unrecorded lease with Boat Services Group, LLC, under that certain Restatement of Service Area Lease dated July 1, 2013, as amended, with no rights of purchase;and all rights of lessee and any parties claiming through the lessee under the lease. 18. Terms and conditions of existing unrecorded lease with Michael Gavito and Jo McKinney under Rental Agreement dated 1-1-2018, and as amended by Rental Agreement Addendum 2 dated November 26, 2018, as amended, with no rights of purchase; and all rights of lessee and any parties claiming through the lessee under the lease. 19. Terms and conditions of existing unrecorded lease with the U.S.Government dated May 1,2018, for one(1)boat slip,with no rights of purchase;and all rights of lessee and any parties claiming through the lessee under the lease. Page 8 of 8 MONROE COUNTY as 1 o-szsa-szza.2 OFFICIAL RECORDS 117247209.5 Packet Pg. 3346 https:Hor.monroe-clerk.com/LandmarkWeb//Document/GetDocumentForPrintPNG/?reque... 1/31/2022 FUTURE GATESIGNAGE$[BHT- 50 - --- PROPOSED CROWN - - --- -- MEET'6O�E RE UIRME TRIANGLE ° / OF ROAD(9.5 NGVD) - G`h.h 1'iJ l i� �_ �..JL'C i'jp L.U a I EXISTING BOAT BARN ��I SHORELINE a SETBACK PROPOSED 3 STORY SHIP r i� �� - ', ,SHOP �v j \ \ SHIP STORE BREAKFASTAREA FUTURE GATESIGNAGE,TO MEET CODE REQUIRMENTS 1✓, �0 283'-11,' - 1 JIII Y SHORELINE .' SETBACK -` d SHORELINE SETBACK K y ARRIVAL DRIVE i v 00, " 4�\ ATI E 0 PROPOSED 3 STORY �� o RESORTOBSERVATION AREA m PROPOSED 3 STORY TOWNHOMES � _ -=�• � "'BEAC AR v m. �. � �✓ — f �(28 AT N MARINA ��� //'�OBSERVATION ARE 10 t AMENTY '- OBSERVATION AREA r f FITNESS COURSE Ii ALONG CERSCENT \\ IN, DOCKS CM jI .I, f51 Jlri I vti f f� GRAPHIC SCALE:1"=80'-0" 0 80' 160' 240' 320' Pecket Pg.3347': R.2.hi PLANNING COMMISSION November 16, 2021 a� Meeting Minutes The Planning Commission of Monroe County conducted a hybrid virtual and in-person meeting on Tuesday, November 16, 2021,beginning at 10:00 a.m. c CALL TO ORDER by Chair Scarpelli PLEDGE OF ALLEGIANCE ROLL CALL by Ilze Aguila PLANNING COMMISSION MEMBERS Joe Scarpelli, Chair Present Bill Wiatt, Vice Chair Absent U Ron Demes Present George Neugent Present David Ritz Present Douglas Prior, Ex-Officio Member(MCSD) Absent Karen Taporco, Ex-Officio Member(NASKW) Present STAFF Emily Schemper, Sr. Director of Planning and Environmental Resources Cheryl Cioffari, Assistant Director of Planning E E Mike Roberts, Assistant Director of Environmental Resources c Mayte Santamaria, Senior Planning Policy Advisor Bradley Stein, Development Review Manager Tiffany Stankiewicz, Development Administrator Peter Morris, Assistant County Attorney c. Derek Howard, Assistant County Attorney John Wolfe, Planning Commission Counsel `V Ilze Aguila, Senior Coordinator Planning Commission COUNTY RESOLUTION 131-92 APPELLANT TO PROVIDE RECORD FOR APPEAL E County Resolution 131-92 was read into the record by Mr. John Wolfe. 0 z SUBMISSION OF PROPERTY POSTING AFFIDAVITS AND PHOTOGRAPHS > Ms. Ilze Aguila confirmed receipt of all necessary paperwork. 2 SWEARING OF COUNTY STAFF County staff was sworn in by Mr. John Wolfe. 03 1 Packet Pg. 3348 R.2.hi CHANGES TO THE AGENDA Ms. Ilze Aguila stated that staff is continuing Item 5, without a set date, so it will be re- advertised. Also, the applicant for Item 6 has requested a continuance to December 15, 2021. a� Motion: Commissioner Ritz made a motion to continue Item 6 to the December 15, 2021 Planning Commission Meeting. Commissioner Neugent seconded the motion. There was no opposition. The motion passed unanimously. c Mr. Wolfe noted and advised any applicants present that they could get a continuance automatically due to not having a full Commission. t� DISCLOSURE OF EX PARTE COMMUNICATIONS Commissioner Demes, Commissioner Neugent and Chair Scarpelli disclosed that they had discussed Items 2, 3 and 4 with Mr. Spottswood, but those communications would not affect their decisions. APPROVAL OF MINUTES Motion: Commissioner Neugent made a motion to approve the October 27, 2021, meeting minutes. Commissioner Ritz seconded the motion. There was no opposition. The motion passed unanimously. MEETING 1. A PUBLIC HEARING TO CONSIDER AND FINALIZE THE RANKING OF APPLICATIONS IN THE DWELLING UNIT ALLOCATION SYSTEM FOR JULY 13, v 2021 THROUGH OCTOBER 12, 2021, ROGO (Quarter 1, Year 30). ALLOCATION AWARDS WILL BE ALLOCATED FOR ALL UNINCORPORATED MONROE COUNTY. 0 (File 2021-189) (10:04 a.m.) Ms. Tiffany Stankiewicz, Development Administrator,presented the staff report for the residential dwelling unit allocations for all unincorporated Monroe County. The Planning c. Department is recommending approval for the following market rate rankings: Lower Keys applicants ranked 1 through 8 for allocation award; Big Pine and No Name Keys applicant ranked number 1, subject to mitigation availability at the time of permitting; and, Upper Keys applicants ranked 1 through 8 for allocation award. All other applications roll over to the next quarter. E 0 Chair Scarpelli asked for comments or questions from the Commission. There were none, and .� there was no public comment. Public comment was closed. 2 Motion: Commissioner Neugent made a motion to approve. Commissioner Ritz seconded the motion. There was no opposition. The motion passed unanimously. Chair Scarpelli announced that Items 2 and 3 would be read together, comments would be limited to three minutes for individuals and five minutes for those representing a group. Mr. John Wolfe added that the items would be read together but voted on separately. 2 Packet Pg. 3349 R.2.hi 2. AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY LAND USE DISTRICT (ZONING) MAP FROM MIXED USE (MU) TO DESTINATION RESORT (DR), FOR PROPERTY LOCATED AT 6000 PENINSULAR AVE., STOCK ISLAND, MILE MARKER 5, MONROE COUNTY, FLORIDA, HAVING PARCEL ID NUMBER 00127480-000000, AS PROPOSED BY SMITH / HAWKS, PL ON BEHALF OF SH MARINAS 6000, LLC; PROVIDING FOR SEVERABIL,ITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING 0 AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO THE LAND USE DISTRICT (ZONING) MAP; PROVIDING FOR AN EFFECTIVE DATE. (FILE 2020-037) 3. SH MARINAS 6000, LLC., 6000 PENINSULAR AVENUE, STOCK ISLAND, FL 33040 MILE MARKER 5 OCEAN SIDE: A PUBLIC HEARING CONCERNING A REQUEST FOR A DEVELOPMENT AGREEMENT BETWEEN MONROE COUNTY, FLORIDA AND SH MARINAS 6000, LLC, AS IT RELATES TO THE REDEVELOPMENT OF A MARINA WITH ONE HUNDRED AND SEVEN (107) MARKET-RATE DWELLING UNITS, UP TO FORTY-ONE (41) TRANSIENT HOTEL DWELLING UNITS AND ACCESSORY U STRUCTURES/USES THERETO, ON THE PROPERTY. NO STRUCTURES WILL BE HIGHER THAN 40 FEET PURSUANT TO SECTION 131-2(B) OF THE MONROE COUNTY LAND DEVELOPMENT CODE. THE SUBJECT PROPERTY IS DESCRIBED AS A PARCEL OF LAND IN SECTIONS 36, TOWNSHIP 67 SOUTH, RANGE 25 EAST, STOCK ISLAND, MONROE COUNTY, FLORIDA, HAVING PARCEL ID NUMBER 00127480- 000000. (FILE 2020-047) c (10:06 a.m.) Ms. Cheryl Cioffari, Assistant Director of Planning,presented the staff report. This item is an application by SH Marinas 6000 LLC to amend the Land Use District of the subject E E property from Mixed Use to Destination Resort for 6000 Peninsular Avenue on Stock Island. c The property is within the Mixed Use Commercial Future Land Use Map category, and the existing use of the property is mixed with a marina, some light industrial, commercial retail and some residential. The property is surrounded by similar land uses. This application is part of a larger set of applications which will come before the Commission. The applicant intends to c. develop the property with 107 market rate attached dwelling units to be used as vacation rentals, 41 hotel rooms, 3 affordable housing units that are already existing on site, some boat barns that are existing and commercial retail. To accomplish this proposal there are multiple needed approvals and this is the first. This suite of applications will require approval by the BOCC so staff is looking for the Planning Commission's recommendation. E 0 With this proposed change from Mixed Use to Destination Resort, the biggest change in terms of .� development potential is the change in transient max net. It increases the potential by 104.77 > rooms or spaces. It's important to note that the allocated density does not change between Mixed Use and Destination Resort. However, one of the big changes that should be noted is while both zoning districts allow vacation rentals pursuant to LDC Section 134-1, there is a difference between the two. The Destination Resort zoning district allows vacation rentals in E attached dwelling units, where the Mixed Use zoning district permits vacation rentals for detached dwelling units only. If the zoning district is amended to Destination Resort and the �t 3 Packet Pg. 3350 R.2.hi property owner chooses to develop the market rate units as vacation rentals, as has been stated to staff, those units may be attached. The proposed zoning amendment is not anticipated to adversely impact the community character of the surrounding area and has been found to be consistent with the Mixed Use Commercial FLUM designation of the property, so there is no corresponding FLUM amendment because both Mixed Use and Destination Resort are permitted within the Mixed Use Commercial FLUM. Staff finds the amendment to be consistent with the Comprehensive Plan and Livable CommuniKeys Plan, and recommends approval of the zoning amendment based on the consistency with the Mixed Use Commercial FLUM. Ms. Emily Schemper, Senior Director of Planning and Environmental Resources stated that Bradley Stein would be presenting the staff report for Item 3, regarding the associated development agreement. (10:11 a.m.) Bradley Stein, Planning Development Review Manager, presented the staff report. This is a request for a development agreement between Monroe County and SH Marinas 6000, LLC. The requested development agreement involves the partial redevelopment of Stock Island Harbor Yacht Club, formerly known as Key West Harbor Yacht Club. The proposed development will include up to 107 attached residential dwelling units to be utilized as vacation U rentals, up to 41 transient hotel dwelling units, and 3 affordable dwelling units at 6000 Peninsular Avenue in Stock Island, at approximately mile marker 5.5 ocean side. Mr. Stein presented the site map. The property has a Future Land Use designation of Mixed Use Commercial and a current zoning of Mixed Use. There is the development agreement being covered, an amendment to the development agreement following this item, a right-of-way abandonment in the future for the BOCC, and a major conditional use permit that will follow at a later date that this Commission will review, several administrative processes for minor 2 conditional use permits to complete transfers of ROGO exemptions and transfers of density, and permitting. E E 0 U The review of the development agreement is set forth in Chapter 110, Article V, Sections 110- 132 and 110-133 of the Monroe County Land Development Code, and Florida Statutes 163.3220 through 163.3243. The development agreement provides assurances to the developer that upon receipt of permits under the County's Comp Plan and Land Development Code, he or she may c. proceed in accordance with the existing ordinances and regulations subject to the conditions of the development agreement. LDC Section 110-133(b)(1) provides for those requirements of the development agreement. The development agreement cannot exceed 10 years and requires two public hearings, this being the first by the Planning Commission and the second by the BOCC. Noticing of the public hearing was completed in accordance with LDC Section 110-5. An E application was received and deemed complete. The development agreement includes all listed 0 items. These requirements are specified and listed throughout. Some items included are the Z legal description, duration, infrastructure and sufficient public facilities being available, required permitting, LDC and Comp Plan review, and a finding that the development proposed is 2 consistent with the local government's Comp Plan and LDRs. Mr. Stein included a slide of the conceptual site plan. This development plan also includes a boat barn and commercial retail a� Mr. Stein then pointed out sections of the development agreement that do not currently meet the LDC and Comp Plan pertaining to density, and specifically the use of liveaboards as upland �t 4 Packet Pg. 3351 R.2.hi density. It is recommended that all mentions of the use of the liveaboard density as applicable to the upland development be removed from the development agreement to be in compliance with Comp Plan Policy 101.13.2. The applicant must transfer in TDRs to make up the difference between allocated density and max net density for the site. The Comp Plan does not provide for assigning max net density to a property without TDRs. Staff does not recommend approval of e( the proposed development agreement as currently written. Staff requests revisions to address the issues identified in the staff report prior to scheduling the item for the BOCC public hearing, E including required TDRs for permanent units and removal of the mention of the use of 0 liveaboard density for upland density, and then include a reference to associated zoning amendment adoption and effectiveness prior to the effectiveness of the development agreement. c, Chair Scarpelli asked the Commission if they had any questions for County staff. Commissioner Ritz asked to first hear from the applicant. Mr. Bart Smith, representing the applicant, first addressed the Land Use District Map Amendment stating they would adopt the staff report in its entirety. Staff has aptly stated the goal and purpose. Mr. Smith added that this is actually a companion piece to a companion piece which was Wrecker's Cay development, a 280-unit workforce housing development that is currently under construction on Maloney Avenue that requires all of the units be deed restricted to employee housing, which means you must make 70 U percent of your income in Monroe County. With that, it was stated that the 80 market rate units and 18 transient units would be transferred to Stock Island Harbor Yacht for redevelopment as attached residential units to be used as vacation rentals. People talk about employee housing and the need for employee housing, and that more resorts certainly leads to a demand for housing. But in this instance, not only are 280 units of employee housing being developed at Wrecker's Cay, the Spottswood family has delivered 48 units of employee housing at Banyan Grove. The 48 plus 280 plus the 3 units that exist total 331 units to house over 1,000 individuals. This is 2 consistent with the Comp Plan in providing for requisite housing for everyone that could work here and a lot of other places, these have been tremendous successes; but those successes are E E based on the ability to pay for the projects. The purchase of these units is paying down the cost c that allows Wrecker's Cay to be developed. It is important that this project proceed in order to offset the costs at Wrecker's Cay. The Land Use District Map is self explanatory. They are both Mixed Use Commercial FLUM. The property is zoned Mixed Use right now, but vacation rentals could only be detached. This is proposed as Destination Resort because it's over ten c. acres in upland, is in a place that can provide transport to and from the airport and all amenities, and it already has resort amenities nearby. Commissioner Ritz asked about the military base and the noise issue and how that would be addressed. Mr. Smith stated that would be covered with the next item in the development E agreement, but as with Ocean's Edge and the Quarry, they have worked very closely with the 0 Navy's Ex-Officio and staff. The AICUZ has certain requirements based on the sound zone it's in, and this has the specific requirement that all construction shall sound attenuate to the DNLs for the applicable zones. For this property there are two, the 65 and 69, and the 70 and 74. Both 2 of those requirements are in the development agreement. There will also be notice in the chain of title and to all people that it is a high noise area for Navy fly zones. Additionally, there is a specific provision in the development agreement that this is a no-drone fly zone. That language E has been included at the Navy's request. 5 Packet Pg. 3352 R.2.hi Chair Scarpelli stated that with doing this land use change and with what is being proposed for development, this will only allow attached vacation rentals rather than detached. Mr. Smith confirmed that to be correct. The allocated density and uses do not change. Now, most commercial retail must be associated with the resort, including marinas, with additional requirements for transportation and things of that nature. Chair Scarpelli asked what it would do e( with the commercial fishing portion. Mr. Smith responded that commercial fishing is actually not the use, it is marina. So charter captains, charter vessels and dive operations all fall under the definition of marina. Commercial fishing is the catch of large products and processing, and this property does not have that. The marina use will continue with the property. Mr. Smith then made his presentation on Item 3, the development agreement. Mr. Smith adopted all of the responses he gave on the Land Use District Map, including the questions as to the Navy fly zones, the use of marinas, and the statements as to the companion item of Wrecker's Cay. This development agreement locks in the ability to do the development over a period of time and meets all of the requirements of a development agreement based on the condition that the Land Use District Map is amended. The applicant is in agreement that this development is conditioned on the approval of the Land Use District Map Amendment and the expiration of all appeal periods. Mr. Smith presented renderings of the property, what will be built, the location U of the property being 13 acres of upland that's either privately owned or sovereign submerged land leased. The overall purpose is to lock in the development rights including the densities and intensities. The 107 units are accommodation of the 80 market rates from Wrecker's Cay, another 24 proposed under the Banyan Grove development agreement to come on a two-to-one basis which was permitted under the code at the time that Banyan Grove was approved, and then the 3 affordable units that are there. Then there are the 41 transient units which consist of 18 units from Wrecker's Cay, and a prior agreement that the County has with the Eager property where they're allowed to transfer their transient units anywhere in the County, and those will be the other units utilized. This is contemporaneous with the amendment from Mixed Use to E E Destination Resort, and this development agreement fulfills the purpose of Destination Resort c including providing all of the on-site amenities necessary. Under the major conditional uses, marinas are a permitted use. All uses, densities, intensities and the maximum height are identified. There are quite a few different approvals. There's the Land Use District Map Amendment which is a condition precedent. There is a major conditional use which will come c. back before the Commission for approval of the final site plan. The minor conditional use approvals will transfer the transient and market rate dwelling units, and those applications are already in to the County but will be approved at a later date. Then there are transferrable development rights, this is density, which will be talked about a little later. Then finally a vacation rental permit or exemption for the vacation rentals, and all applicable building permits. E 0 The one part that the applicant is requesting the Commission approve is the development .� agreement recognizing the density of the property as 55 units, not just the allocated density of 13. This is not ROGO or the rights to develop that are the basis of evacuation, they are the underlying density. In order to develop a unit in the County there are two things required. One is a ROGO, either market rate or transient, and the second thing is the density. You start with an allocated density and typically in Mixed Use and Destination Resort, the allocated density for E market rates is one unit per acre. You can go up to a max net density and in Destination Resort, it's 18 units per acre, but that's max net, which means the maximum buildable area after taking �t 6 Packet Pg. 3353 R.2.hi out open space. Where you acquire density, it could either exist pre-code on the site, or you have to go acquire it from another property, and deed-restrict that to convert or convey the property to the County. Like all things, density has a value. If your density is just the allocated density then E to get to the max net density it will take considerably more property. Density is actually a fungible right which can be transferred between properties. The reason that density is important e( is the more density you have, the less you have to find and transfer to the property. In this instance, this is a property that had a past letter of development rights determination. Under the 2012 Code, Section 114-19, liveaboards, it says, "Liveaboards shall be hooked up to an on land 0 sewage disposal system or shall be provided with on-shore sanitary facilities, and each liveaboard shall count as a dwelling unit for purposes of calculating density limitations in the district in which it is permitted." So the code, before there was an amendment, has that Liveaboards count towards upland density. In 2014, the County amended this ordinance and provided that this ordinance removes the requirement that each liveaboard vessel slip shall count as a dwelling unit for the purposes of calculating density limitations in the district in which it is permitted. That was one of the express purposes of that amendment. Of course, at the end, they said nothing in this ordinance shall operate to extinguish or impair the development rights of any residential dwelling unit that was determined to be exempt from the residential ROGO in a letter of development rights determination or a vested rights order issued prior to the effective date of U this ordinance. In this case there is an LDRD in the background packet that identified that there were 55 Liveaboards existing on the property when the LDRD was issued in 2006. Under the 2006 Code, each one of those Liveaboards counted as one unit of density towards that upland. From 2006 up to 2014, the density of the property was 55 units. The 2014 amendment comes in effect restricting the use of Liveaboards in the future, but we believe the density for that property was 2 locked in at 55 with the LDRD, and this development agreement recognizes that density of 55. This does not mean that they don't have to go out and acquire TDRs. So at 55, they want to do E E 107 market rates. Three of those are affordable so the density is not required for that. But the c remaining 49 units of density must be acquired, and the transient rights which is the transient allocated density, would be 41 units. This is a right that is associated with the property, and Mr. Smith is asking for it to be considered a density that's associated with the property, and is requesting it be recognized by the Commission in the development agreement. This is the only c. area of disagreement between staff and the applicant on this development agreement. Mr. Smith is requesting the Commission recommend approval of the development agreement with the condition of the zoning, but leave in that the density is 55 units for the market rate. Alternatively, recommend approval as the staff has laid it out, but the applicant's purpose is to request approval and Mr. Smith believes there is a founded underlying justification for the E density. 0 Chair Scarpelli then asked for public comment. 2 Ms. Karen Taporco requested to speak. Commissioner Demes asked for a point of order, stating that Ms. Taporco is an Ex-Officio member of the Commission and her comments should be included with the Commission's comments. 7 Packet Pg. 3354 R.2.hi Ms. Judith Schultz was sworn in and stated that she currently has a boat in dry-dock storage at the marina and asked how the Destination Resort zoning would impact those boat owners. Mr. Bart Smith stated that the largest boat barn will remain, and the other two are proposed for removal. The applicant is working on providing additional dry-rack space at another location to offset a large majority of that dry-rack space. Ms. Schultz asked where the other location would be. Mr. Smith responded it would be across the street at Gulf Seafood. Ms. Schultz asked how many boats were anticipated to be moved over there. Mr. Smith said that right now it is proposed for two barns to be taken down, and to the greatest extent possible those would be replaced at the other property. The goal is all of them or more. Ms. Schultz then asked about the social membership included with storing boats there that allows access to beach, pool and gym, and how these changes would affect that. Mr. Smith said most of the Destination Resort is supposed to be for the guests of the resort. Mr. Robert Spottswood, Jr., after being sworn in, responded that the social membership aspect of that prior land use would go away with this designation. Folks with boats in storage on property would be invited to continue to use facilities such as the restaurants and the pools. Prices may change because the membership was baked into the cost of storage before which will go away. Ms. Schultz then asked if the 107 vacation rentals would be set up as a condominium association. Mr. Smith responded that he did not believe so, but that would be something down the road. Ms. Schultz asked if the units would U require a minimum 30-day rental. Mr. Smith stated that vacation rentals can be rented daily. There was no further public comment. Public comment was closed. Chair Scarpelli then asked for Commission comments and questions. Ms. Karen Taporco, the Community Planning Liaison Officer at NAS Key West, discussed land use compatibility and potential mitigation measures. The U.S. Department of Defense initiated the Air Installation Compatible Use Zones Program or AICUZ to assist governments and communities in identifying and planning for compatible land use and development near military E E installations. The goal is to protect the health, safety and welfare of the pubic while also c protecting the operational capabilities of the military. The study evaluates things like historical and projected accident potential zones and noise contours to make up the AICUZ footprint. The Stock Island Yacht Club property is located within that footprint and falls within the 70 to 79 DNL noise contours. Residential development is not a compatible land use within these contours c. and is strongly discouraged. Additionally, the Monroe County Comp Plan Policy 108.2.6 contains a table of land use compatibility recommendations for property located within what's called the Military Installation Area of Impact. Residential uses, to include transient lodging, are noted as generally incompatible in the Mixed Use Commercial Future Land Use District. That said, if the County determines that residential uses must be allowed, NAS Key West recognizes E and appreciates the items in the development agreement intended to mitigate potential concerns 0 such as measures to achieve the outdoor to indoor noise level reduction of at least 30 decibels, noise disclosures as part of the leasing process, and signage prohibiting unmanned aerial systems or drone activity on site. 2 Commissioner Ritz stated that Mr. Smith had made a compelling argument about counting the 55 liveaboards as density, and asked for staff s position on that. E 8 Packet Pg. 3355 R.2.hi Ms. Emily Schemper, Senior Director of Planning and Environmental Resources responded that even though Mr. Smith had shown the 2012 Code where liveaboards were counted as density in a way in order to avoid people just piling up liveaboard slips on a property, it is not allowed to E move liveaboards upland. The 2006 letter of development rights that actually recognized those actually 50 (not 55) liveaboard slips on the property, specifically states that, "Liveaboard vessels �t are considered as dwelling units for density purposes. A live-aboard vessel may be deemed permanent or transient depending on the nature of how it's used. However, a liveaboard vessel may only be replaced by another liveaboard vessel, and thereby cannot be transferred upland." 0 So even back then, what the applicant is asking to do would not have been an option. The liveaboard vessels would not be able to be replaced with units on the ground. Understanding that the code changed later and now they are not considered in terms of density calculations, they are completely removed from that and separated, but under the previous code it would not be allowed for them to be replaced with units on the land, and under the current code they are not factored in. The applicant's request to recognize 50 liveaboards as density on the land is not appropriate. Commissioner Ritz asked if he were to want a liveaboard, if he would need a ROGO unit. Ms. Schemper responded that they are not regulated because they are vessels on the water. The U County may approve a slip that can accommodate a liveaboard vessel, but it's not counted as ROGO, and if you have a liveaboard, it does not count as a ROGO exemption. Commissioner Ritz asked if back in 1992 liveaboards were counted as dwelling units back then. Ms. Schemper responded that they are not part of the ROGO system at all, and weren't even back then. Mr. Smith interjected that this is the whole underlying issue. Prior to the change in 2014, this property had 55 liveaboards on the property and the density is 55. If you wanted to build 13 2 units on the upland, you could have without transferring additional density in because the A liveaboards were utilizing the density at 55. No one has ever counted liveaboards towards E E ROGO, and he agreed they could not be transferred upland as a ROGO. But you have a density c that was at your property at 55 on the upland, and what has happened is you would have to, for anything you want to do on the upland, transfer additional to do that. This amendment takes away that the liveaboards are going to count towards your upland density, but although the density was with the upland, it shouldn't go away. When two sides can interpret a statute or c. ordinance differently, the law is it be interpreted in favor of the property owner in utilizing their property. That is the whole underlying basis of property rights in Florida. Mr. Peter Morris, Assistant County Attorney, interjected that he is not sure what judicial rules of decision Mr. Smith is referring to, but under the Planning Commission's Rules of Procedure, this E portion of this proceeding is reserved for colloquy between the Commission and staff, and the 0 portion for the colloquies and presentation of the applicant is concluded. If Mr. Smith wants to rejoin with additional comment, he should wait until the Commission has concluded its portion of its colloquies with the department staff. Beyond that, Mr. Morris disagrees on behalf of the County with Mr. Smith's characterization that the law writ large provides that you can simply err on the side of the property owner. He has not seen or heard anything that convinces him of that contention. Mr. Smith responded that it is a 1977 Florida Supreme Court Case, Rinker Material E vs. Hillsborough County, the controlling case that provides that land use regulations that are in derogation of property rights where two interpretations can be done, that the interpretation in e( 9 Packet Pg. 3356 R.2.hi favor of the property owner is the correct interpretation. Mr. Smith responded that there is a considerable amount of case law that militates to the contrary, and if Mr. Smith would like to provide supplemental briefing or memorandum, that would be fine. Mr. Wolfe believed the Commission was allowing the applicant to answer a question, but the substance is a different issue. Commissioner Ritz asked if the applicant doesn't get the 55 density for the liveaboards what are the other options. Ms. Schemper responded that they would need to transfer in 94 TDRs to get up to the 107 units that they're proposing. Right now, the allocated density is recognized as being 13. If it was recognized as being 55, then they would need 52 to get to 107. Ms. Schemper also stated that she would question how it plays into the other development on the site and how it's counted cumulatively, but it would reduce the number of TDRs required to be transferred in. Ms. Schemper added that, though related, this issue of transferring density and ROGOs are two separate things. Transferring something from the water to the land has been challenged and appealed by DEO in the past and even to this day, they still argue against it. So this is not staff making up some rule, this is something that's been ongoing, and is also part of the reason the code was changed. Commissioner Neugent added that there are ramifications for transferring development rights from the water, and that every little marina in this County would jump on that band wagon and ROGO would go out the window. It would also create greater takings cases. The County Commission, which this will be referred to, needs to voice an opinion that does not even allow this conversation to take place in the future. Ms. Schemper agreed. If you can transfer the density, does that mean it should count as a ROGO? It would open a whole can of worms. How do you recognize the units, and how many places could claim they have a certain number of units attached to their property, and it should count, what year were they there, whether they had a letter back then or not. E E 0 U Commissioner Demes, quoting Derek Howard from the last meeting, thought some of this was a little wonky. His issue is with the AICUZ. He's seen a lot of encroachment over 30 years. Residential use is strongly discouraged in DNL 70 to 74 but there's another section here that's even higher and exceeds that. It is not a good place for residential development. It was said that c. the allocated density would not change going from Mixed Use to Destination Resort, but the finer point is the number of beds would potentially be more. Face value, Commissioner Demes would be against this. Any change to zoning or future land use that would allow more beds to occur in a high noise area, he would normally say no, except for the fact that these aren't people buying homes. It doesn't seem like the Navy is opposed to this and is willing to work within the E MIAI and what the proposed agreement would bear. He applauds the sound attenuation 0 disclosure statements. Commissioner Demes also recalled a discussion with Ms. Rebecca Jetton at the DCA and the opposition of liveaboards transferring to upland property. Though he doesn't > like the increased residential by going to Destination Resort, it's not market-rate people living there full time. e( Commissioner Ritz echoed Commissioner Demes' comments. He is concerned about putting a bunch of living units under the flight path and creating more people to complain at some future date, and would suggest a notice requirement that would run with the land in addition to the �t 10 Packet Pg. 3357 R.2.hi noise attenuation. If you can say the airport came first and they came second, they knew the airport was there, that takes the sting out of future complaints. He is happy with the applicant's proposal. Ms. Schemper interjected that the proposed concept is for vacation rentals, but there is nothing in the agreement or approvals right now that would restrict them to always being vacation rentals. At some point in the future those 107 market rate units could be used as permanent housing as well. Chair Scarpelli added that the notice following the property, if someone were to buy that at the later date, they would know there are jets always flying overhead. Chair Scarpelli asked about the boat density issue and whether in 2006, those boats would have been counted against the upland density. Ms. Schemper believed they might have. Chair Scarpelli asked if it was counted against their density then, how can the density be denied now. Ms. Schemper responded that the code and Comp Plan had changed. There's a very subtle difference between counting against density versus moving those units upland and building them as upland housing. Chair Scarpelli asked if the property density is 55 on the property overall, five residences and 50 liveaboards, if to build 10 more houses on the property, with the max of 55, would 10 of those liveaboards need to be removed. Ms. Schemper stated that it's a little more complicated than that because they would have been considered to be nonconforming and over the density limit. U In 2006, the density standard was the same and the site could have supported 13 housing units. With five units on the property plus the liveaboards, it would have been considered over the allowed density already. If they wanted to build more upland units, they would have needed to get rid of maybe all of the liveaboards. The nonconforming density is recognized for the same type of unit. It was very clear you could only replace those with a boat. It wasn't recognized as density for housing on land. Chair Scarpelli asked if they could do 13 units on land and not need the boat density. Ms. Schemper responded that that is true today, they could do 13 on land without any TDRs; and in 2006 they could have built 13 on land but at that time the liveaboard vessels were being considered density, so they would not have been able to without removing the E E liveaboard vessels. That still doesn't change the fact that they were not allowed to use that c U recognized density as density for upland housing. Commissioner Ritz asked if today there were 55 liveaboards in the water, could they stay and still have 13 on the land. Ms. Schemper stated that was correct. Chair Scarpelli stated that he c. does not want marinas coming in and trying to get land use rights, but he also wants to be clear that as a property owner, they were restricted then, and if those 55 units were valid in 2006, then they need to be counted now, but if they weren't valid and weren't counted in 2006 then they are not counted now. °3 Commissioner Neugent added that before Marathon incorporated, there was an attempt to move 0 liveaboard vessels onto the uplands and the County denied that. That was pre-2000, going back to the DCA era as discussed by Commissioner Demes. The County had stated before that that would not be allowed. Chair Scarpelli asked if that was in terms of ROGO or density. 2 Commissioner Neugent responded that it was to get additional units for the hotel for ROGO. Chair Scarpelli thought density would be a different item when it comes to what you're allowed to build, so you don't over-intensify an area. Ms. Schemper interjected that the code now is less restrictive than it was back then. Back then, you wouldn't be able to build all 13 units on the upland because the boats are taking up part of the density. Now you can build all 13 on the �t 11 Packet Pg. 3358 R.2.hi upland and don't have to consider the boats. But both then and now, the boats need to stay where they are. Chair Scarpelli asked how they could take something that was held against the property owner in 2006 and utilize it to allow them to do something now, even though the code E restriction is less. Mr. Smith stated that the ordinance in 2014 was to protect the development rights that existed as of 2014 for anyone that had an LDRD in place prior to that. So talking �t about how many people are going to come in and do this, they can't, because if they didn't already get their LDRD before 2014 showing the number of liveaboards and density, there's no ability to do so now. The precedent is there is only a finite amount of marines and all of those 0 LDRDs are in existence. Mr. Smith only knows of two that have recognized liveaboards in the County. So there's a finite precedence, and the density was then recognized and locked in as a development right at that time. This goes to land use regulations being in derogation of property rights looking at it in favor of the property owner, and he would behoove the Commission to do so. There were 55 development rights that existed then that are density, and the applicant still needs to get 41 more. If these development rights are not recognized as upland density, then the applicant must get 91 which is a very Herculean effort. The applicant is hoping that through the merits of this project, the Commission will find the development rights to be 55 and not the allocated 13. Chair Scarpelli asked if there were any existing liveaboards on the property now. Mr. Smith responded there were not. Chair Scarpelli asked how to verify that if 55 liveaboards U are extinguished, how is that prevented from every happening. Ms. Schemper responded that the vessel isn't permitted, it's about the slip and whether it's permitted for a liveaboard or not. Ms. Mayte Santamaria, Senior Planning Policy Advisor added that, as Commissioners Neugent and Demes had mentioned, the State has appealed this issue in the past, both for units and for density, and it is specifically within the Comp Plan and Code, and has been for many years, that density is only associated with upland acreage. There are very few instances within the Comp Plan and Code where it specifies that buttonwood or certain other wetland-type habitats have density but only for the transference off site. All other submerged lands, particularly water, do E E not have density associated with them. As a past employee of DCA, she has written some of the c objection reports and challenges to the County's Comp Plan and Code when this has been proposed before. It was specifically proposed around Safe Harbor where they were trying to transfer density and units from the water to the land. There are ongoing challenges of a similar nature in the City of Marathon as well. Over the years, the County has been trying to rectify this c. issue. At one point in time, liveaboards were counted against upland density but that was because there weren't appropriate facilities to address parking, sewage, and so forth. As things have been upgraded and sewer and pump-out is now available, that density restriction was removed, but requirements were added that to have a liveaboard, you have to have amenities, facilities, parking and pump-out, and then it's not counted towards density. The density is more E relaxed now and you can have more upland density because you have the appropriate public 0 facilities to address both vessels and units on the upland. Chair Scarpelli asked if this project had been proposed in 2006, if they would have had to 2 remove the 55 liveaboards in order to build the project. Ms. Santamaria responded that prior to the code amendment they would have had to remove the vessel slips designated for liveaboards to have additional upland density. Today they don't, but if they wanted to have liveaboards, they would need to provide all of the other services which still ultimately may restrict development because of required parking and other things taking up space on the upland. So there is still a e( 12 Packet Pg. 3359 R.2.hi total cap based on the other facilities required. Commissioner Ritz asked if they wanted to put 55 liveaboards there today, if they would not have to worry about density. Ms. Santamaria confirmed that was correct, but they would need to ensure there were pump-out facilities, parking, bathrooms and other appropriate facilities for the liveaboards, plus whatever facilities and parking needed for the upland. Chair Scarpelli asked Mr. Smith if he would have a problem getting through the State if the BOCC allowed the transfer. Mr. Smith responded that the question is if this is consistent with the Principles for Guiding Development in the Comp Plan because that's the review that's done should the State challenge it. Mr. Smith added that he is the attorney for the case going on in Marathon and it does not involve density. The one in 2006 that was in the City of Marathon, that was Banana Bay, and also involved ROGO, not density. The case in Stock Island Marina Village in 2007 was also ROGO, not density. The density was already recognized and that was the whole point back then, why can't the liveaboard be moved upland if the density is already considered attached to the upland. The reason TDRs are in existence is trying to eliminate takings on environmentally sensitive land by encouraging the transference to scarified properties for development. This is scarified property and is going to be developed. This density was associated with the upland for years and the LDRD was in place. In 2014, no longer could anyone recognize that density in the future, but these properties got the LDRD ahead of time. The benefit is density, not ROGO. Mr. Wolfe interjected that for purposes of what is being done today, the focus should be on interpreting and understanding the Comp Plan and Code, and not with what the State may do. Chair Scarpelli asked if any additional ROGOs were being taken. Mr. Smith responded that 2 there were not. Chair Scarpelli asked about where the allocations were coming from on page four of the staff report, item number three. Ms. Schemper responded that was a proposal for a E E previous redevelopment plan where the Commission had asked for changes to be made prior to c approval. The changes weren't made so nothing was ever issued. Chair Scarpelli asked where the additional 23 transient allocations would come from. Ms. Schemper responded they would come from the Eager property. Chair Scarpelli referred to a written public comment received asking about the moratorium on transient residential allocations. Ms. Schemper responded that c. the moratorium is now over because the Code had been updated. This will be discussed more on the next agenda item. Commissioner Demes, noting that Ms. Taporco may have mentioned this, read, "The absence of viable alternative development options should be determined and an evaluation should be E conducted locally prior to local approval indicating that a demonstrated community need for the 0 residential use would not be met if the development were not prohibited in these zones." Commissioner Demes does not see these studies being done and reading this, the MIAI > supersedes this. When it comes to property within the MIAI this really doesn't hold any force or 2 recommendation because we've already said we will accept the maximum density intensity, but he acknowledges that the MIAI supersedes that. Ms. Taporco added that she wanted to make clear that her comments were not intended to provide support or opposition to the project. E Ideally, the Navy wouldn't want any development around the Air Station, but the rules dictate that they use the AICUZ as a tool with surrounding neighbors like the County and the City. The e( 13 Packet Pg. 3360 R.2.hi AICUZ findings showed the residential uses were incompatible, so the County must consider the health and welfare of the public with their decision. a� Chair Scarpelli then asked for motions on Item 2. Motion: For Item 2, Commissioner Ritz made a motion to approve the recommended zoning amendments. Commissioner Neugent seconded the motion. 0. c Roll Call: Commissioner Demes, Yes; Commissioner Neugent, Yes; Commissioner Ritz, Yes; Chair Scarpelli, Yes. The motion passed unanimously. c, Chair Scarpelli then asked for motions on Item 3. Commissioner Ritz asked Ms. Schemper about her recommendations on page eleven and the reference to an associated zoning amendment. Ms. Schemper responded that the development agreement is written assuming that the zoning change to Destination Resort goes through. This is to make sure there is a clause in the effectiveness of the development agreement not becoming effective unless the zoning amendment is approved and becomes effective, because there is an appeal period. Mr. Wolfe s added that it is a technical requirement that's important in the development agreement. Mr. U) Smith stated that the applicant agreed to that. Chair Scarpelli thought the real hang-up was whether the Commission would provide a recommendation of approval with staff s requirements or if the Commission wanted to change any of staff s requirements. Mr. Wolfe confirmed that was correct. Mr. Smith added that the applicant is requesting approval but would hope to get the density as well. Mr. Wolfe clarified that they could either approve the development agreement as written, or with the removal of the liveaboard density as advised by the staff. Chair Scarpelli then asked about the affordable housing requirement. Mr. Smith responded that there is an affordable housing requirement in Destination Resort based on ten percent of the hotel rooms and that's being met. The remaining would come from projects that were redeveloped as E E affordable housing. Mr. Wolfe reminded the Commission that this is a recommendation to the c U BOCC. Commissioner Ritz commented that it could be looked at either way, and the applicant's position is the tie goes to the property owner. Mr. Morris interjected that he would dispute that as being c. entirely incorrect. Mr. Smith's oblique reference to this body deferring to the landowner's perception of the law based upon the notion that an ordinance is imputative derogation of common law requires Mr. Smith to articulate a specific common law principle that's been derogated. No such principle has been enumerated by Mr. Smith and Mr. Morris is unaware of any case which says that ordinances in derogation of property rights are construed in favor of the E property owner. That interpretative methodology would open quite a floodgate in favor of 0 enterprising applicants. Justice Scalia, who is no stranger to property law or property rights, said in one of his last books that the idea of interpreting ordinances which are local legislative acts in > derogation of the common law strictly is a relic of the old court's hostility to laws created by legislative bodies such as the legislature in Tallahassee and the County's legislature at the Monroe County BOCC. That interpretive principle not only is misstated, but even the correct version of it is no longer really used by the courts. Mr. Wolfe added that the point of that is Mr. E Smith and the County have different legal opinions as to the standard here. 14 Packet Pg. 3361 R.2.hi Chair Scarpelli added that the applicant got an LDRD and now we're saying that their LDRD is not valid. Mr. Stein then presented the LDRD which Ms. Schemper explained recognized the liveaboard units which at the time was important because they would not be able to get that many liveaboards approved based on it being subject to density standards at that time, so that was an important issue at that time. But the LDRD very specifically stated they may only be e( replaced by another liveaboard vessel and therefore cannot be transferred upland. So even at that time when they were recognized, they were recognized only for the purposes of being liveaboard vessels. It did not change the density on the site for units built on the ground. It only recognized them as liveaboard vessels saying you can exceed the density allowed in this zoning category on this site because we recognize these vessels as vessels only. So you could exceed it as vessels only. Staff does not look at this as being able to go one way or the other. Rather, it is very clear cut. Mr. Morris added that to the extent that this panel finds any ambiguity, the law is evergreen that an ambiguous text is construed in favor of the professional department. Mr. Morris agrees with Ms. Schemper's and Ms. Santamaria's characterization of this as unambiguously militating against what Mr. Smith is asking for, but to the extent this panel believes it's ambiguous, deference is still accorded to the department. Mr. Smith stated that he fundamentally disagrees. Mr. Wolfe reminded the Commission that the Code provides that it's the Planning Director's s responsibility to interpret the Code. Mr. Morris added that as much as he respects Mr. Smith's U) interpretation of the Code, the only two professional planner witnesses have been Ms. Schemper and Ms. Santamaria. Commissioner Ritz stated that in 2006, this would have been held against them and they would have had to get rid of the 55 in order to get 13. Because of that, Commissioner Ritz first made a motion to recommend approval of the development agreement giving them credit for the 55 and then also agreeing with staff on number three in reference to the zoning amendment. Mr. Wolfe 2 clarified that his motion was to recommend approval of the development agreement as written with the exception of adding conditions one and three of staffs recommendation. There was no E E second. Commissioner Ritz then made a motion to approve the proposal as recommended by c U staff. Motion: For Item 3, Commissioner Ritz made a motion to approve as recommended by staff. Commissioner Neugent seconded the motion. c. N Roll Call: Commissioner Demes, Yes; Commissioner Neugent, Yes; Commissioner Ritz, Yes; Chair Scarpelli, Yes. The motion passed unanimously. Five minute break from 11:47 a.m. to 11:53 a.m. E 0 4. BANYAN GROVE RESIDENCES, LTD., 5455 MACDONALD AVENUE, STOCK ISLAND, FL 33040 MILE MARKER 5 OCEAN SIDE: A PUBLIC HEARING > CONCERNING A REQUEST FOR AN AMENDMENT TO A DEVELOPMENT 2 AGREEMENT BETWEEN MONROE COUNTY, FLORIDA AND BANYAN GROVE RESIDENCES, LTD. AS IT RELATES TO A TIME EXTENSION OF THE AGREEMENT AND TO CLARIFY THE TRANSFER OF MARKET-RATE DWELLING UNITS, AS WAS PREVIOUSLY ALLOWED UNDER LAND DEVELOPMENT REGULATIONS AT THE TIME OF THE ORIGINAL AGREEMENT. THE HEIGHT OF THE STRUCTURES IS NOT e( 15 Packet Pg. 3362 R.2.hi AMENDED WITH THIS REQUEST. THE SUBJECT PROPERTY IS DESCRIBED AS LOTS 5 THRU 16, AND A PORTION OF LOTS 4 AND 17, SQUARE 29, AS SHOWN ON THE PLAT OF "STOCK ISLAND MALONEY SUBDIVISION" AS RECORDED IN PLAT BOOK 1 AT PAGE 55, OF THE PUBLIC RECORDS OF MONROE COUNTY FLORIDA, HAVING PARCEL ID NUMBER 00124140-000000. (FILE 2021-027) (11:53 a.m.) Bradley Stein, Development Review Manager, presented the staff report. This is a request for an amendment to the development agreement between Monroe County and Banyan 0 Grove Residences, Ltd. This is the first amendment to the development agreement documented in BOCC Resolution 032-2011. The amendment, if approved, would provide an extension of ten years and allow the property owner to transfer 24 market rate ROGO exemptions as associated with the 51 previously-existing lawfully established dwelling units to a multi-family residential receiver site within Stock Island. Mr. Stein presented a site plan, explaining that the property has a FLUM designation of Mixed Use Commercial and zoning of Mixed Use. This development has been redeveloped with 48 affordable attached dwelling units with most being completed around 2013. The review of the development agreement is set forth in Chapter 110, Article V, Sections 110-132 and 110-133 of the Monroe County Land Development Code and Florida Statutes 163.3220 through 163.3243. The development agreement provides assurances to the U developer that upon receipt of permits under the County's Comp Plan and Land Development Code, he or she may proceed in accordance with the existing ordinances and regulations under the conditions of the development agreement. LDC Section 110-133(b)(1) provides for the requirements of the development agreement. The development agreement cannot exceed ten years. Two public hearings are required, this being the first of the public hearings by the Planning Commission and the second by the BOCC. An application was received and deemed complete. The agreement includes all elements listed. The major material change of the 0 requested amendment is to transfer market rate permanent residential ROGO exemptions to T commercial or recreational working waterfront or multi-family projects in non-IS districts on a E E one-for-two basis. So of the 48 remaining market rate ROGO exemptions on the site, 24 would c U be able to be transferred to a commercial or recreational working waterfront or multi-family project in a non-IS district with this amendment, which currently under the LDC is not permitted. The request is to use the LDC that was in effect at the time of this development agreement. a. A memo attached to the staff report by Attorney Robert Shillinger states since an amendment to a development agreement requires the consent of both parties to the agreement the Board is not obligated to agree to the amendment proposed by Banyan Grove. It is an option the parties are free to avail themselves of, but the Board retains the discretion to not consent to the amendment. It is important to note that at the time of the original development agreement in 2011, the LDC E section in effect, Section 130-161.1, indicated that the County's preference was to transfer 0 ROGO exemptions to single-family lots and parcels which is what is currently contemplated under the current development agreement in effect right now. 2 Under the original agreement, the applicant elected to use the one-for-one transfer of all 48 units to IS zoned lots. The current LDC does not allow a transfer of ROGO exemptions to multi- family sites or to recreational and commercial working waterfront properties. The BOCC E approved Ordinance 007-2020 that only allowed transfer to IS and URM in LDC Sections 138- 22 and 139-2. Ordinance 007-2020 also eliminated the prior one-for-two transfer program for e( 16 Packet Pg. 3363 R.2.hi mobile home sites to multi-family or commercial and working waterfront properties. The adoption of Ordinance 007-2020 followed the recommendations by the Affordable Housing Advisory Committee dating back to 2016. An interim development ordinance or IDO that began in 2017 under direction of the BOCC to adopt the Code and impose a temporary moratorium upon certain development applications proposing to utilize Section 139-2 to transfer ROGO e( exemptions from mobile homes to another location until the amendments were processed. That moratorium had been extended and later amended to allow transfers of market rate units to IS E and URM lots in 2018, to utilize the affordable housing incentive after Hurricane Irma. The 0 BOCC approved the ability to transfer market rate ROGO exemptions for the redevelopment of units with deed restricted affordable housing while maintaining the community and economic character of the Florida Keys to protect and preserve adequate inventory of affordable workforce accessible housing in Monroe County, particularly after the impacts of Hurricane Irma, and to limit the conversion through transfer of market rate ROGO exemptions to a vacation rental use which further reduces the housing supply and increases affordable housing demand. Staff does not find that the proposed amendments of the development agreement to be consistent with the Comp Plan and LDC, nor the recent policy direction from the BOCC. Staff recommends that the Planning Commission does not recommend approval of the proposed changes to allow the transfer of permanent ROGO exemptions to multi-family projects or 2 commercial working waterfront properties based on inconsistencies with the current Comp Plan and LDC. However, if the Commission does choose to recommend approval of the proposed amendment to the development agreement, staff requests that clarification be added to the amendment regarding the disposition of the remaining 24 market rate ROGO exemptions not transferred under the one-for-two option. Under both 2011 LDC Section 130-161.1 and current Section 139-2, it is stated that nothing herein shall preclude the County's replacement of sender site dwelling units with affordable allocations and recovery and transfer of market rate ROGO exemptions from the sender sites for their use in administrative relief programs or other like E E purposes. Sender site dwelling units were in fact replaced with using affordable allocations. c U Therefore, staff would recommend that any market rate allocations not transferred be moved to administrative relief. Ms. Schemper pointed out that in the second paragraph where County Attorney Robert Shillinger stated that it's legally permissible for the BOCC to approve such a change, he also stated that the Board is not obligated to do so. And in the staff report it says that staff agrees that although legally permissible, the proposed amendment regarding TRE's is not advisable, and it is supposed to say staff s opinion is that it's not advisable. E Mr. Bart Smith, representing the applicant, first adopted some of the testimony he gave under 0 items two and three, and presented a site plan of Banyan Grove, a previously-developed affordable housing project consisting of very low and low-income units. There were 48 market rate units, and the County provided 48 affordable housing units. The development agreement 2 provided language that conflicted with itself, and that is the language we are looking to correct and allow for the transference of a two-to-one basis. It's important to note that it's a development agreement and the purpose is to provide surety in the development and lock in code E that was in place at the time the development agreement was approved. The purpose of this first amendment is to extend the agreement for another ten years, and to codify what was allowed �t 17 Packet Pg. 3364 R.2.hi back in 2011 under 130-161.1 as it applied to the property. The idea was to encourage people to redevelop mobile home parks and keep them as affordable housing. The code transfer of the market rate units to IS lots or URM platted lots at a one-to-one basis also allowed transfer to waterfront properties on a two-to-one basis. The idea was that would encourage you to go to IS lots because you get to use all 48. If you go to waterfront, you have to forfeit 24 and it goes to �t the administrative pool. The applicant is in agreement with that clarification, and that's a benefit to the County. They then have 24 units they can utilize for IS lots for the BUDS. So it discourages in the manner that you don't get as many to utilize, and it's very clear that is the 0 case. The applicant is requesting to extend the agreement, keep the language of the code that was in place when the agreement was entered into. Mr. Smith presented the letter from Mr. Shillinger to Ms. Schemper. "The short answer is yes. Assuming the BOCC consents to the developer's request for such an amendment, it appears lawful for the Board to amend the 2011 development agreement in a manner that incorporates the two-for-one option that was available in 2011 but which was later stricken from the code." The property provided 48 units of low and very low income housing utilizing the provision of 130-161.1. What happened was in one section it clearly states can be transferred to single-family lots. The next sentence states that if multiple ROGOs are transferred to a single receiver site, U that would mean that more than one is going to one site, then it can be done on one application. What the applicant is looking to do, and the actual application for the minor conditional use is in, is to send these to the Stock Island Harbor Yacht Club property. Upon transference, they'll be utilized as vacation rentals and the remaining 24 units will be utilized by the County for beneficial use determinations, providing a benefit to the County that when a taking does occur they have a beneficial use that they can provide. This agreement is compliant with the statutes and law, and is compliant with the Code as it existed in 2011. The applicant requests approval of 2 this agreement, as proposed by the applicant, and provide that they can transfer the units on a T two-to-one basis to commercial working waterfront. E E 0 U Chair Scarpelli asked for Commission comments or questions. There was none. Chair Scarpelli then asked for public comment. Ms. Judith Schultz stated that it looks like this is transferring 24 from Banyan Cove, but going CL back to the 107 residential units and 41 or 47 transient hotel units, Ms. Schultz asked for an explanation of the difference between those two. Mr. Smith responded that there are two different pools. There are market rate dwelling units or permanent dwelling units and transient units. Market rate cannot be rented for less than 30 days. Transient can be rented for less than 30 days. Market rate can have multiple bedrooms and in this case will be used for vacation E rentals. Each transient unit can only consist of one bedroom and up to one and-a-half baths. Ms. 0 Schultz asked if they could be rented for one night, and how they are deemed residential. Mr. Smith responded that that is the vacation rental portion of the code under Chapter 134-1 which allows short-term in certain districts if you get a vacation rental permit, and there are certain criteria to get the exemption. It all goes back to the development agreement and the LUD that occurred before. In this case, the applicant is only looking at the transference of units. All of those are governed under different applications that are in the laundry list of things that need to E get approved at another time. Ms. Schultz asked if those 24 would have a 30-day minimum, and Mr. Smith responded that none of them would have a 30-day minimum, and all would be capable �t 18 Packet Pg. 3365 R.2.hi of one-day rentals. Ms. Schultz asked what the difference is between that and the hotel units. Mr. Wolfe interjected that the applicant does not have to provide all of these answers. Ms. Schemper interjected that Ms. Schultz could feel free to contact the Planning Department at 289- 2500 and staff could explain how that works. There was no further public comment. Public comment was closed. Commissioner Neugent made a motion to recommend approval the proposed amendment. 0 Commissioner Ritz seconded the motion. Commissioner Demes asked what the motion was exactly. Ms. Schemper clarified that the motion was to go against staffs recommendation and to recommend approval as the applicant is proposing it. Commissioner Neugent confirmed that to be what his motion was, as the applicant was proposing it. Ms. Schemper asked if she could reiterate staff s argument. Commissioner Demes stated he wanted to hear what Ms. Schemper had to say. Ms. Schemper stated that this was an option at the time of their development agreement; however, they chose a different option at the time of the development agreement. The Code at that time specifically stated they could do a one-for- s one transfer to single-family homes, but it's a two-for one if you're going to multi-family. It U) expresses the preference of the Board and the County to have these transfers go to single-family 2 homes. So it was an option, but definitely a preference, that they go to single-family sites. The Board, over the last ten years and increasingly so the more time goes on, has been doing whatever they can to wisely use the remaining ROGO allocations within the County. That includes exemptions and also the allocations that are still in the pool to be able to be given out. Mr. Shillinger's memo stated it's legally allowable to make this change to the development agreement, but staff is giving the professional opinion that based on the Board's past-ten-years- 2 and-recent policy has been pointing to scatter these out to single-family sites. This is to protect the County from takings claims but also to not exacerbate affordable housing. In this case, it's E E very clear that the purpose is for these to be used as vacation rentals. Staff is coming from an c U overall Board policy direction, and this is also clearly against the current Comp Plan and LDC. Commissioner Ritz commented that the existing development agreement has weight, and his environmentalist side is not thrilled with scattering the permits out to single family if you can c. condense them into multi-family and it's better for the environment with less urban sprawl. For those two reasons, he will agree with the motion. Chair Scarpelli noted that it's not like the County is not getting 24 units for it, and putting all of the onus on one developer to supply ROGO exemptions for the County's future claims is not fair. The fact that they are giving the 24 that can be used by the County, at least the County is getting something highly valuable under E the current climate. 0 z Commissioner Demes stated that he normally would do anything against adding development in > a high noise area, but the Navy isn't taking a hard stance to say, no, we don't want to do this. And, the County is getting the 24. Unfortunately, the County Attorney leaves it open that it can be done. Commissioner Demes deeply appreciates staff s position, especially understanding that the 48 could go to potential takings claims for individual units, which would be an ideal thing. E But at the same time, the door was opened by the County Attorney to do what the applicant has asked for. 19 Packet Pg. 3366 R.2.hi Motion: Commissioner Neugent made a motion to approve as proposed by the applicant. Commissioner Ritz seconded the motion. a� Roll Call: Commissioner Demes, Yes; Commissioner Neugent, Yes; Commissioner Ritz, Yes; Chair Scarpelli, Yes. The motion passed unanimously. a� 5. 6-7-8, US 1, LLC, 323 OVERSEAS HWY, BIG COPPITT KEY, FLORIDA, MILE MARKER 10 GULF SIDE: A PUBLIC HEARING CONCERNING AN APPEAL, PURSUANT TO SECTION 102-185 OF THE MONROE COUNTY LAND DEVELOPMENT CODE, BY THE PROPERTY OWNER TO THE PLANNING COMMISSION CONCERNING A LETTER OF UNDERSTANDING DATED APRIL 7, 2021 FROM THE SENIOR DIRECTOR OF PLANNING & ENVIRONMENTAL RESOURCES. THE SUBJECT PROPERTY IS LEGALLY DESCRIBED AS LOTS 6, 7 AND 8, BLOCK 1, AMENDED PLAT OF COPPITT SUBDIVISION (A RESUBDIVISION OF PLAT BOOK 3, PAGE 116), ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 4 PAGE 50 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, HAVING PARCEL ID NUMBER 00149430-000000. (FILE 2021-080) U This item was continued to an unspecified date by staff under Changes to Agenda. 6. SERGIO VELIKOPOLJSKI, 180 POMPANO DRIVE, KEY LARGO, FLORIDA, MILE MARKER 104 OCEAN SIDE: A PUBLIC HEARING CONCERNING AN APPEAL, PURSUANT TO SECTION 102-185 OF THE MONROE COUNTY LAND DEVELOPMENT CODE, BY THE PROPERTY OWNER TO THE PLANNING COMMISSION CONCERNING AN ADMINISTRATIVE DECISION OF THE SENIOR DIRECTOR OF PLANNING & ENVIRONMENTAL RESOURCES DATED MARCH 10, 2021, IN WHICH THE PLANNING E & ENVIRONMENTAL RESOURCES DEPARTMENT DENIED THE ASSIGNED 0 BUILDING PERMIT APPLICATION 417305163. THE SUBJECT PROPERTY IS LEGALLY DESCRIBED AS LOT 7, BLOCK 10, ANGLERS PARK, A SUBDIVISON ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, AT PAGE 159, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, TOGETHER WITH A PARCEL OF c. SUBMERGED LAND IN KEY LARGO SOUND, HAVING PROPERTY ID NUMBER 00552670-000000. (FILE 2021-059) Applicant requested continuance to December 15, 2021 Planning Commission Meeting as noted under Changes to Agenda. E 0 Motion: Commissioner Ritz made a motion to continue Item 6 to the December 15, 2021 .� Planning Commission Meeting. Commissioner Neugent seconded the motion. There was no opposition. The motion passed unanimously. 2 ADJOURNMENT The Monroe County Planning Commission meeting was adjourned at 12:20 p.m. 20 Packet Pg. 3367 County of Monroe Growth Management Division PlanWing&Environmental Resources Board of County Conzrmi-sowers Depar-tnicirt s ,; Mayor Maria Di Gennaro,Disc h 2798 Overseas Highway,Suite 410 Mayor Pro Teni Dixie Strehar,Dist. B Marathon,FL 33050 � �� George Neugent,Dist ? Vcsice° (305)89-2500 Charles"Sonny"McCoy,Gist.3 FAX (305)289-2536 Sylvia J.Murphy,Dist.S 'e drive to be curler ,professional Tarr fair December 1,200 Owen Trepanier Treparuer&Associates,Inc. PO Box 2155 Ivey west,FL 33045 0. RE. LETTER OF DEVELOPMENT RIGHTS DETERMINATION NATION FOR.THE PENINSULAR MARINE PROPERTY, LOCATED AT 6000 PENINSULA AVENUE, c, STOCK ISLAND,MILE MARKER 5 AND HAVING REAL ESTATE NUMBERS 00 27470.000000;001274 0.000000&00127480-0001.00 Mr.Trepanier, You requested a determination as to the amount of nonresidential square footage that may be rebuilt and exempt from the Mon-Residential Rate of Growth Ordinance (NROGO) and the ni.imber of dwelling units that may be rebuilt and exempt from the Residential Rate of Growth `) Ordinance(ROGO)on the above-described premises. I. Background Information cv Currently, a mixed-use development, commonly known as Peninsular~ Marine, is situated on the subject property. The marina development consists of a boat yard, enclosed and � unenclosed nonresidential storage areas, enclosed and turenclosed light industrial areas ('boat repair),commercial retail space, office space and residential dwelling units. 1r1 addition, there are several vet slips,some of which are occupied by live--aboards. The subject property is located at 6000 Peninsula Avenue on Stock Island and is comprised of three (3) contiguous parcels, having Real Estate (RE) numbers 00127470.000000 (Lots 5 & 6), 00127480.000000(Lot 7)and 001. 7480.000100, According to a Boundary Survey by Frederick H. Hildebrandt, dated October 28, 2005, there is 570,461 ft-' (13.1 acres) of upland and 824,641 ft2 (18.9 acres)of submerged.land. The subject property is currently within a Mixed Use (M J) Land Use District and has a Future Land Use Map (FLUM) designation of Mixed Use ,/ Commercial (MO). Prior to 1986, the Peninsular 10arine, letter of l:)eveleptrient Rights Determination Page 1 of 1 s , Packet Pg. 3368 R.2.i property was partially within a l3U-2(Medium Business) zoning district,partially within a B _ (Heavy Business)zoning district and partially not zoned. A site visit was conducted by Monroe County Plar wing Department Staff on August 4, 2006. Six buildings were observed on the property,which consisted of floor area dedicated to several uses,including office,commercial retail,light industrial,nonresidential storage and residential. In addition to the buildings, there were two uninhabited mobile homes, several storage sheds and a large portion of the property was devoted to outdoor nonresidential storage, which primarily consisted of boats and associated marine equipment. 11. Plans Reviewed (a) Current and past Monroe County property Appraiser Property]record Cards � N Monroe County Building Permit History; W Aerial Photography from.February 1984,February 1989 and February 20 ; (d) Unsealed Boundary Survey by Frederick H.Hildebrandt,dated.February 21, 1984; (e) Unsealed Boundary Survey by Frederick H. Hildebrandt, dated June 1,1992; � (f) Unsealed Boundary Survey by Frederick H.Hildebrandt,dated.August 10,1995;and 0. (g) Unsealed Boundary Surveys by Frederick ff. Hildebrandt,dated October 28,20t15 a, III.Non-Residential Moor Area c, The Applicant has requested a determination as to the amo-unt of lawfully-established nonresidential square footage existing on the subject property, which would be exempt from the Non-Residential Rate of Growth Ordinance(lyIROGO). Pursuant to'MCC Sec. 9.5-4 (F-9),,{lror area means the sure of the gross horizontal areas of each story of the principal building,measured from the exterior walls or from the center line of party walls,including the floor area of accessory uses and of accessory buildings and structures,. Pursuant to MCC See. 9.5-124(b), nonresideritial door area means the stun of the gross floor area for a nonresidential structure as defined in MCC Sec. 9.5-4, any areas used for the provision of food and leverage services and seating whether covered or uncovered, and all covered, unenclosed areas except for walkways, stairways, entryways, parking and loading. `V Nonresidential floor area is not space occupied by transient residential and institutional � residential principal rises, 0 In accordance with MCC Sec. 9.5-124.3, owners of land upon which lawfully-established nonresidential floor area exists,shall be entitled to one (1)square foot for each such square font in existence. Administrative Interpretation 0 1-108 provides the procedure for determining the amount of lawfully-established floor area for structures and uses established. A review of the records foamd: (a) The property is cturently located in a iViU District, which permits marinas with major conditional use approval, provided that the development meets certain conditions. In addition, commercial retail and office uses may be permitted as-of-right and with conditional use approval,depending on the size and intensity of the development. Peninsular Marine,better of Development Rights Determination Page 2 of 12 l `';G :at^,`fM3 MANACIIEMEVI t°rKti•1,.t'H?4ShJLkIs, I3itnin'III.r r. R,IIisr.r3 k 9ak¢ rSL]h IAT)irt�€lhlr `i 2 4f 1201 o)00 pon'iniwIsLI ",Ilona, Ito,k WaIw .i I,?Rh Rl 001,':7-6:'It&,001='i ptiSJs"It Packet Pg. 3369 R.2.i (b) The two-story CBS building (indicated as "Buildisug No. 1"on the property record card for RF. 00127470.000000 and "2 Story CBS Building" on the 2005 boundary survey by Frederick H. Hildebrandt) is recognized as having 3,000 square feet of nonresidential fluor area. Currently, the building is being used for commercial retail, office and nonresidential storage. Building Permit A-5285, issued in 1979, pemnitted the construction of a 1,500 ft' office and warehouse building, in addition, Building Pern-dt - 472,issued in 1980,permitted. the enclosure of 1,500 fF below the building;.for nonresidential storage. The property record card indicates that the structure was built in 1979 and has 1,500 ft2 of floor living area (FLA) and 1,500 ft2 of finished utility building floor area (SBF). This � is consistent with boundary surveys performed by Frederick H. Hildebrandt in 1984, 1992, 1995 and 2005, which all show a two-story CBS building with a footprint of 1,500 ft2 (50 ft x 30 ft) as existing on the parcel. The structure is also visible in aerial photography taken in 1984, 1989 and 2006. 0 ( ) The two mobile homes(listed together as "Building No. 1" on the property record card > for RE 00127480D00000 and indicated as "Mobile Lorne" and "Mobile Home" on the 2005 boundary survey by Frederick H. Hildebrandt) are residential dwelling, units and thereby do not consist of any nonresidential floor area. (d) The three attached metal structures (listed together as "Building No, 2°" on the property record card for RE 00127480.000000 and indicated. as "One-Story Metal Building, Tww7o- Story Metal Building and One-Story Metal Shed" on the 2005 boundary survey by Frederick H. Hildebrandt) are recognized as having 5,303 square feet of nonresidential Boor area. Currently, the structures are being used for light industry (boat repair)and nonresidential storage.. No original building permits for the one-story metal building or the metal shed were found for review.. Building hermit A-1 59, issued in 1977,permitted the construction of the two-story metal building(30 It x 64 ft). (As a note,the building was not permitted to consist of two floors, only to have a height consistent with a two-story building). All three structures were illustrated on the plans submitted for Building Permit 9 1-1 85, m issued in 1996 for the construction of a sewer treatment plant. In addition, roof repairs � were permitted for the two metal buildings as part of Building Permit 9 1-2283,issued in 1998. The property record card indicates that the structures were built in 1970 and. in total have 5,303 ft- of floor living area (FLA). This is consistent with boundary surveys performed by Frederick 11.Hildebrandt in 1984,199 ,1995 and 2005,which all show the one-story metal building as having a footprint of 1,S92 ft- (30.30 ft x 62.43 ft), the two- story metal building as having a footprint of 2,072 ft2 (34.00 It x 60.93 ft) and the one- story metal shed as having an approximate footprint of 1,500 ft' (100 ft x 15 ft). The structures are also visible in aerial photography taken.in 3,984, 1989 and 2006. Peninsular Marine,getter of Development Rights hts Determination. Page 3 of 12 L,V t;RO W1¢I NIAN ik nr ll,"N F (',d.r l roxvol k t ..opts ,, rk .' f vnini Luja AVo�.�.1 O Pvi) ),tih %,,i4L1R)JWV SUIP iPeninu tjlor I Ianj MNI,k%V p";irhom i DN.D RE k 00'1274hs,doc Packet Pg. 3370 R.2.i (e) The one-story CBS shed (indicated as "Building No. 4„ on the property record card for RE 00127480,000000 and as "CBS Shed" on the 2005 boundary survey by Frederick H. Hildebrandt) is recognized as having 1,023 square feet of nonresidential floor area. Currently,the structure appears to be used for nonresidential storage. o original building perrnit for the cane-story CBS shed was found for review. However, Building Pen-nit 981-2.283, issued in 1998, permitted roof repairs to the shed and referred to the structure as a ship stare. In addition, a letter to the property owner from the Monroe County Building Department in 1998 referred to the building as a ship store. The property record card indicates that the structure was built in 1956 and has 1,023 ft2 � of floor living area (FL,A). This is consistent with boundary surveys performed by 0) Frederick H. Hildebrandt in 1984, 1992, 1995 and 2005, which show the CBS shed as leaving a footprint of 1,566 f12 (4100 ft x 37.30 it). The structure is also visible in aerial photography taken in 19 4,1989 and 2006, (f) The one-story fish house building (indicated as"Building No.5"on the property record card for RE 00127480.000000 and as "One-Story Frame & CBS Fish House" on the 2005 > boundary survey by Frederick H.Hildebrandt) is recognized as having 4,813 square feet of nonresidential floor area. Currently, the structure is being used for offices, light industry and,nonresidential storage. No original building permit for the fish house building was found for review. However,Building Perixrit 951-1311,issued i .1.996,permitted the construction of an 836 ft2 addition to the existing fish house. In addition, Building Permit A-4139, issued in 1978, and. Building Permit 981-2283, issued in 1998, permitted roof repairs to the building and both referred to the structure as a fish house.. The property record card indicates that the structure was built in 193 and has 4,813 ft2 of floor living area (FLA). This is consistent with boundary surveys performed by Frederick H.Hildebrandt in 1984, 1992,1995 and 2005,where the 2005 survey shows the fish house building as having a footprint of 5,078 W. The structure is also visible i aerial photography taker!in 1984,1989 and 2006. (g) The five utility sheds (indicated under miscellaneous improvements on the property record card for RE 00127480.000000) are recognized as having 240 square feet ( 0 it x 12 ft),240 square feet (20 it x 12 it), 216 square feet(12 it x 18 it),336 square feet(28 it x 12 ft) and 200 square feet (20 ft x 10 ft) of nonresidential floor area. Currently, the stTuctarres appear to be used for nonresidential storage. No building permits for installation of any of the five utility sheds were found for review. However, according the property record card, two were installed in 1981 and the three others were installed in 1990. W The two canopies (indicated under miscellaneous improvements on the property record card for RE 001.27480.000000) are recognized as leaving footprints of 966 square feet(21 Peninsular Marine,fetter of Development Rights Determination Page 4 of 12 S'4 4.e4sO00I If NIAN N 1 ('W 'L,nv r i`. -.al+e�+f,rt w 15.`.C'e 4]tii•ukelar$,S,^�iiYf.�l Jl4 i"r ojI),6 h A,,," M aj�'n 3i ,su1, Poni I)aLj for Mar,sioi'"2t7a l20t„Oyx rolIIF1�,,ll,i Avt Sl.,,r+n��e �,to,k,Isf14IJ xIM a KW}-Ir rh,,L�r Dv LDJ� 1.7 p,S ,ail:, 14 i &00.1:.*"0"1,1, Packet Pg. 3371 ft x 46 ft) and 2,809 square feet (53 ft x 53 ft). However, this square footage is not recognized as nonresidential floor area.. No building pernuts approving the installation of either of the two canopies were found for review. However,according the property record card,both were installed in 1969. Pursuant to MCC Sec. 9.5-124.2(d) and Adrzunistrative Interpretation No. 03-123, the area beneath the unenclosed canopies on the subject property is not considered nonresidential floor area. According to the interpretation,canopies permitted before the adoption of NRGGO in September 2001 may not be enclosed or converted to nonresidential floor area without a NROGO allocation. However, canopies approved prior to September 2001 may be rebuilt to the same square footage without receiving a � N-ROGO allocation, provided that the new canopy is unenclosed and remains on the same property as the structure it is replacing. The canopies were installed in 1969. 2 (i) The areas dedicated to outdoor storage and parking would riot require an NTROG � allocation and therefore their square footage is not exempt,from NROGt . 0. Pursuant to MCC Sec. 9.5-124(b), storage area means the outdoor storage of boats, > campers, equipment, and materials for more than twenty-four hours. Nonresidential floor area means the sm-n of the gross floor area for a nonresidential structure as defined in MCC Sec. 9.5-4 any areas used for the provision of food and beverage services and seating whether covered or uncovered, and all covered, nrnenclosed areas except for walkways,stairways,entryways,parking and loading. The outdoor storage areas on the property are both unenclosed and uncovered. IV.Residential Dwelling Units The Applicant asserts that residential dwelling units are lawfully-established and thereby exempt from lZesidential Rate of Growth Oydinance(RCtG ). Pursuant to MCC Sec. 9..5-4 (D-31), a dwelling a,ianif means one (1) or more rooms physically N arranged to create a housekeeping establishment for the occupancy by one (1) family with separate toilet facilities, In accordance with MCC Sec. 9. -268, owners of land containing:lawfully-established dwelling unfits shall be entitled to one (1) ur6t for each such unit in existence. Administrative Interpretation 03-1,08 provides the criteria used to determine whether or not a residential unit was lawfully-established. A review of the records found: (a) The property is currently located in a MU District, where detached dwelling units may be permitted as-of--right and attached dwelling units rn-tay be permitted with conditional use approval. New mobile horses are not permitted. However, pursuant to Administrative Interpretation No. 01-111, existing mobile homes are considered a confornung use and may be replaced. Penir-L,sLilar Xbrine,letter of Development Rigtnts Determination page 5 of 12 W',C.RCJl"r'l H V A`.,aC4_`1,I4 "�C C31.°r i+.,a;i;-Kotb dtt`"cPo,'k is f •reirr,yelai 'At I- nir6i t u'e=Ztin Li!c A. Ls[a,r cry..",3stkw'iAm}I7;.tj13r Mal iIwi o 26 r I,!(,I f'lolI Irx aa:'a Ma4.,rao" S�o"k 1"II II. l°.`I j ar!"Idl'DX 11` D Rf'WI1-".4 i)iz 0011274MIldoti' Packet Pg. 3372 R.2.i M The two-story residence (indicated as "Building No. 1" on the property, record card for RE 001274 tl,tlf 0100 and. "Two-Story CBS Residence" on the 2005 boundary survey by Frederick H.Hild:ebrandt) is recognized as having two(2)dwelling units. During a site visit by Staff can August 4,2006, two uninhabited, attached dwelling unit were observed in the hvo--story building (one dwelling unit per building story). Bath dwelling units had living areas,bedrooms,kitchens and bathrooms. No building permit approving the construction of the building was found for review. However, Building Permit 941-1241, issued in 1994, permitted roof repairs to the building and.referred to the structure as a residence. 1n addition, the building is shown and described as a residence can various surveys submitted with building permit applications for other work on the property. E The current property record card indicates that the building is residential and that it was built in 1961 In addition,archived property Appraiser records from 1976 and 1977 describe the building as residential. 0. A 2004 letter to the property owner from Key West resort Utilities indicates that there was a single-fancily structure and a multi-farrdly structure on the property at that time. � Keys Energy Services records indicate that residential electric service has been provided to the property since 1986 and currently, there are two residential meters can the property. A residential lease, provided by the .Applicant', indicates that the building was being rented in 2000. Leases for other years were not provided, Boundary surveys performed by Frederick 1-1. Hildebrandt in 1992, 1995 and 1-00 , all show the building as existing on the parcel and refer to the structure as a residence. The U) building is also visible in aerial photography taken in 1984, 1989 and 2006. M The one-story residence (indicated a "Building No, 2" on the property record card for RE 00127480.000100 and as "One-Story CBS residence"on the 2005 boundary survey by CD CD Frederick 11,l lildebrandt)is recognized as having one(1)dwelling unit, `44 During a site visit by Staff can Aug-List 4, 2006, one uninhabited dwelling unit was observed in the building. At that time, the building was being used as a sales office for Yacht Clubs of the Americas. however, the building had living area., bedrooms, a .kitchen and a bathroom. No building permit approving the construction of the building was found for review. However, Building Permit 981-2283, issued in 1998, permitted roof repairs to the building and referred to the structure as a Mouse. In addition, the building is shown and described as a residence on various surveys submitted with building permit applications for other work on the property. Peninsular Marine,Letter of Development lights Determination Page 6 of 1 Ff�12 N A 1 'aO I-m%(1 004So,",k P ala.1.<I;jm Atk9 Penir, Lr A,(-°+.xlnkm,'4 Sol, ecs i skdl,tr - Marillo)� 0ty)!_1t1 61 4)tI P,-tni sl,a b, k.P),I nj \[M1;K0. @Tarr dI ] la1,1:3 k. Packet Pg. 3373 R.2.i The property record card indicates that the building is residential and that it was built in 1961. A 2004 letter to the property owner from Key West Resort Utilities indicates that there was a single-family structure and a multi-family structure on the property at that time. Keys Energy Services records indicate that residential electric service has been provided to the property ;since 1986 and currently, there are two residential meters on the property. Three residential leases,provided by the Applicant,indicate that the building was being rented in 1999,2000 and 2001. Leases for other years were not provided. Boundary surveys performed by Frederick 1"1. Hildebrandt in 1992, 1995 and. 2005, all E show the building as existing on the parcel and refer to the structure as a residence. The building is also visible in aerial photography taken,in 1984,1989 and 2006. (d) The t,,A o:mobile biomes (listed together as "Building No.. I" on the property record card for lE 00127480,000000 and indicated as "Mobile Home" and "Mobile Home" on the 0. 2005 boundary survey by Frederick 1-1. Hildebrandt) are recognized as two (2) dwelling � units. CJ o building pernuts approving the installation of either of the two mobile homes or allowing improvements to either of the two mobile homes were found for review. & CD However, both units are shown and described as mobile homes on various surveys submitted with building permit applications for work on other structures on the property. A residential lease, provided by the Applicant, indicates that one of the mobile homes was being rented in 1994. Leases for other years were not provided.. The property record card indicates that the mobile hurries were built in 1968 and that both measure 46 feet by 10 feet. This is consistent with boundary surveys performed by CD Frederick l-l. Hildebrandt in 1984, 1992, 1995 and 2005, which all show ttivo mobileCD homes with footprints of 450 ft-and 460 ft-as existing on the parcel. The mobile houses are also visible in aerial photography raphy taken.in 1984, 1989 and 2006. � V. Wet dips and Live-Aboards The Applicant asserts that the existing live-aboard vessels are lawfully-established and thereby exempt from Residential late of Growth Ordinance(ROGO), Pursuant to MCC Sec.9.54 (L-6),a live-aboard vessel means any vessel used solely as a residence or any vessel represented as a place of business, a professional or ether commercial enterprise, or a legal residence. A commercial fishing Moat is expressly excluded from the terra "live- aboard vessel." Peninsular Marine,Luker of Development Bights Determination page 7 of 12 WV C;ROWTfl MA GFNTLI� Clou : St.)E-kf� 600(1 7 VT)aus.aa.id A WA °Hanhow,Doi 1 DIRT k1 I&,is 81., Packet Pg. 3374 A review of the records found: (a) The subject:property is recognized as having fifty(50)wet slips for live-aboard vessels. The 2005 boundary survey by Frederick H. l lildebrandt shows 55 wet slips as existing on the property. However, the survey did not provide a total number of live-aboard vessels. However, during the site visit by Staff on August 4, 2006, several live-aboard vessels were observed on the property. The 1993 Monroe County Marina Survey indicates that Peninsular Marine (Facility ID 39) had 55 wet slips on the property. In addition, the simrev states that live-aboards were a secondary activity occu=' g onsite and that fl live-aboards were in existence at the marina at that time.. Accounting records, provided by the property owner,indicate that were 53 live-aboards in existence at the marina on December 31,2004. VT.Lawful Determination 0. 0 The subject property has never been allocated any additional nonresidential square footage through the NROG t permit allocation system or any residential dwelling units through the NOGG)permit allocation system since the time that these systems were initiated. Therefore, based on a review of the records, the Planning Department has determined that fifteen thousand three hundred and seventy-cane (15,371) square feet of nonresidential floor area is lawfully-established and five (5) dwelling units are lawfully-established. In addition.., fifty(50)live-aboard vessels are recognized as lawfully existing on the property. Lawfully-Established Non-residential Floor Area.: Building ICE Number Existing Floor Eaenipt floor Area Areas Two-Story CBS Building 0012747U00000 3,000 ft2 3,000 ft2 Attached Metal l3uildin s 00127480.000000 5,303 ft2 5,303 ft2 cV e Stir CAS Shed 00I27480.000000 1,,023 ft' 1,023 fF CBS Fish House 00127480.000000 4,813 ft2 4,813 ft2 Utility Shed 00127480A00000 240 ft' 240 ft2 Utility Shed 001.27480.000000 240 ft2 240 ft2 Unlit`Shed 00127480.000000 216 ft' 216 it' Utility Shed 00127480.000000 1 336 ft-2 336 ft2 Utility Shed 001.27480-000000 200 ft2 200 ft2 Canopy 00127480.000000 966 ft- 0 ft2* (foot Tint) Canopy 00127480.000000 2,809 ft' 0 ft2* .(footprint) total 19,14 ft2 15,371 ft Pursuant to .Ad iix stTative Interpretation No. 03-123 and MCC Sec. 9.5-124.2(d), canopies permitted before the adoption of NROGO may not be enclosed or converted to nonresidential Peninsular Marine,letter of Development bights Determination rage 8,of 12 L ,Ca;OWI11\t i !_owerK,a . 004 shock1,;' r,en:Hb,,oiar A� (:,. „1100 I'CT)jl) Vh. Ak, ,Malun 'c 5ub Tonin�.tlI:r M aril)e)'',"iAd[I'l3`t rM¢ICI[i��rnTYiP.'�a,eia7,*.1.c 9.Ylc�.tic� `�i.a,h Leland%PV15 M111='sitUr" DRD PF()III ,4711fw,001..-,80( i,,w Packet Pg. 3375 e floor area without a NROGO allocation_ The 966 ft2 and 2,809 ft2 canopies may be replaced b new canopies, but not enclosed or converted to nonresidential floor area w4hout a NROGO' allocation.. Lawfully-Established Residential Dwelling Unite. Building RE Number Existing Exempt Dwelfln&Units Du)e1ling Units Two-Story CBS Residence 00127470.000100 2 units 2 units One-Story CBS Residence 00127470.000100 1 unit 1 unit Mobile Home 001274130D00000 1 unit 1 unit Mobile Home 00127480.000000 1 unit I unit total 5 units 5 units W Live-Aboard Vessels n/a n/a 50 vessels* total n/a 50 vessels Live-aboard vessels are considered as dwelling units for density purposes. A live-aboard vessel may be deemed permanent or transient,depending can the nature of how the live-aboard vessel's � wet slip has been lawfully used. However,a live-aboard vessel may only be replaced by another live-aboard vessel and thereby carinot be transferred upland. Any additional nonresidential floor area or dwelling units will have to be acquired and allocated through the NROHGO or the ROGt . c, Pursuant to MCC Sec. 9.5-124.3, the Applicant may transfer existing, law fully-established nonresidential floor area tiff-site to eligible receiver sites with conditional use approval. Pursuant to MCC Sec. 9.5--120.4(b), residential dwelling units may be transferred off-site to eligible receiver sites as affordable housing only. The receiver site must meet the criteria set forth in MCC 9.5-120,4(b)(b)(iii). The new affordable housing dwelling unit must meet the requirements set forth in MCC Sec.9.5-4(A-5).. Any future redevelopment of the property may not lead the property to exceed the maximum residential density and maximum nonresidential land use intensities allowed in the MU District,in accordance with MCC Sections 9.5-262 and..9.5-269. cv 'You may appeal this decision. If you choose to do so,please contact the Planning Commission Coordinator,Ms. Nicole Petrick,at( 05)289-2500 for the necessary forms and information. The appeal must be filed with the County Adn-dnistrator, 1100 Simonton Street, Cato building,Key West, FL 33040, within thirty (30) working days from the elate of this letter. In addition,please submit a copy of your application to Ms. Detrick, Planning Commission Coordinator, Monroe Courity Planning Department,2798 Overseas Hwy,Suite 410,Marathon,FL 33050-2227. Peninsular Marine,Letter of Development Rights Determination page g of 12 L\ GIRMIVH M ANA l AIE Nf �:,,UC),6~lochI�'PenillstJaf Al'o`fs014)I°a^nj uli ,i -\ II ,,% SI&,+1'eri�i37 ,r1ir' Ma i,ar!`..+100o�2(11 f, 0 tie=aaiut .i.t.'fit Nl aklehl) Sioc k W m,j \!i K V,'�[ayf ur F. e I ORC)RF4- 0127170&III).=�)'�i!..`o,: Packet Pg. 3376 e trust that this information is of assistance. Pursuant to Sec. .5- 3 of the Monroe County Code, you are entitled to rely upon the representations set forth in this fetter as accurate under the regulations currently in effect. If you have any questions regarding the contents of this letter or if we n-tay further assist you with your Project,please feel free to contact our Marathon office at(305) 9- 500. Sincere , Are Joular i Date Signed Senior Director of Plarming&Environmental resources c Joseph Haberman,Planner 0. 2 ca ct� c� Peninsular Marivae,getter of Development Rights Deterzn%nation Page 10 of 1 �. CyCi,3 T SiA 4.,d: �i1 CA a_�'r���:�j�l r 3 14r,.�winr4 6= .'d»ig= i}psi '„cv'.xa+�'d�l�ctxil<e A%, M,fleraaits Packet Pg. 3377 R.2.i Attachment. Plans Reviewed and Building Permit History Building Permit History for Deal Estate Number 00127470,000000(Lois 5&6) Permit No, Date Issued Description 99'1-1226 1999-05-03 Install 47 CY of ri2 rap -- 961.-1685 1996-11-26 Complete Permut 961-0353(Construction of sewer treatment lane) 961-0353 1996-05-17 Construct sewer treatment-plant for existing marina 921-4071 1992-04-1.5 Install 900 SF of deck with tiebacks 901-0530 1990-07-10 Install 360 SF of dock with 375 LF of seawall and 317 CY of ri ra 891-1699 1989-07-14 Replace 1,408 SF of existin concrete seawall 881-0317 1988-02-26 Dredge 95 CY for maintenance A-6472 1980-02-29 Enclose 1,500 SF downstairs a) A-5285 1979-05-18 Construct 1,500 SF office and warehouse � A-972 19776-02-03 UnsRecified improvements m A-914 1976-01-14 Install 150 al �np service Building Permit History for heal Estate Number 00127480.000000(Lot 7) E 0. Perm f No. Date Issued Des cri tim; . 061-6513 2006-11-15 Demolish 15,854 SF of metal,wood and CBS buildin � 061-6367 Install 672 SF tem2oary construction trailer 061-5317 2006-09--07 Grade and fill arkirt&lot 051-5975 2005-11-14 Replace existing 200 anip service 001-4138 2000-09-21 Electric improvements 001-0757 2000-07-25 Repair 30 Lf"of existing seawall 981-2283 199 -12-22 Re-roof 3 coanmercial lauildin s 971-0500 Closed without issuance of permit - 971-0129 1997-02-1.1 Re air existin g seawall - 961-0478 1996-10-24 Install 1,065 SF concrete slab with dram inlet 951-1.311 1996-12-27 Construct 836 SF addition to existira Y commercial building W 921-4888 1992-07-16 Replace 3 tan A/C unit to existing coarunercial buildin 911-3930 1991-12-3 Re-roof - 891-1676 1989-07-24 Install 120 LF of seawall with au er iles 881-0120 1988-01-28 U _yEgrade service to 200 amp A-17323 19 7-04-01 Installation of 17 mooring pilinLs A-7461 1980-11-24 Rewire electric service A-7372 1980-10-29 Install 2,340 SF concrete slab A-4139 1978-09-14 Pc, air roof of existia w fish house - A-3041 1977-12-08 Grade existing f ill - C-231 1977-02-15 Replace 300 LF of seawall A-1959 1977-01-27 Construct 2,040 SF addition to exstin baxildin (boat slecli - A-1504 1976-08-24 Install 100 amp service A-376 1975-05-05 Repair seawall - A-11'0 1975-02-11. Unspecified repairs Building Permit history for Real Estate Number 00127480.000100 Perin it No. 17�te Issnaed Inc s�rr tiara - 031-2428 2003-06-18 1 Re air 100 LF of retain in wall and 1,50�SF ncrete slab Peninsular Marine, Letter of Development Rights Determination Page 11 of 12 ;00 uO.I'Aoc:I�-.PP2 1'tWar Ati,«r-.3i011 I'r�i.rz�ar�a •��1 1�si�a.=+✓ a eaziEt.�at�.r iislti.I2111(000 l'errjn-: :l.a ri:v-Mhlriw% Sto k Wand MXI' k " I I'm tI r IN L DRr.)Rh,401 y,-1u &(I(11 Packet Pg. 3378 R.2.i 991-2137 1999-09-02 Install lift station and associated piping 991-1226 1999-05-03 Install 47 CY of ri ra (berm I under RE 00127470.000000) 981-2283 1998-12-22 Re-roof 3 conunercial b s(Perinit under IMF 001.27480,000000) 981-1058 1998-07-27 Install new 200 amp service to existing commercial building 9 1-0441 Closed without issuance of 2ermit 951-{1304 1995-03-14 11 stall security alarm to existin commercial building 951-0303 1995-04-10 Install 116 CY of ri ra and died e 8 CY 941-1241 1994-11-04 Gverlav 3,900 SF of existin asphalt shin le roof 941-1230 1994-10-21 Install electric service for boat dock 941-0338 1994-04-19 Upgrade service to 200 amp to the manna area 931-7204 1993-12-28 Replace 240 SF of sidewalk 931-6976 1993-10-26 Replace 3 ton A/C unit to existing commercial builttin- 931-6931 1993-10-21 Install 4 monitoring wells to existin" commercial build in m 931-6873 1993-09-27 Remove and replace 800 CY"of contaminated soil with limestone � 921-4205 1992-03-20 Electric to 14 boat slips, CD 901-1190 1990-07-20 Repair existing roof 901-0529 1990-05-29 Instal]920 SF of dock with au er alir� sand 25 C'� of r ra 891-1516 1989-t17-18 1 rade service to 225 am A-1664 1976w11-01 Install 400 LF of retainis wall tJ cv Peninsular Marine,Letter of Development Rights Determination Page 12 of 12 11 ti;[L 1; tr1 NAGE,\.If 1 ,.xs I K c «('4 S[0 6 I"I a rns.•,tO rr is,` .[)�Jl'1'frwcaa r 1 1-, I,1 aa+c sae r r;Ga trl c 1 rt,e•i'', 4Htrh1'i!1 +ilt tr�a„tuei uf,i A"' %,flaw€n 'gyp)ik i land"IN1 KV1' ?detrt rile PC% d,]JhI I i fJiar' ,i—ti,�a1dY l... G��9 EIi fc Packet Pg. 3379 MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to be caring,professional and fair To: `' Monroe County Planning Commission Date:; February 16,2007 Meeting: March 7,2007 From: laseph Haberman,Planner', Ralph Gouldy,.Senior Administrator of Environmental Resources Through: Aref Joulani,Senior Director of Planing&Environmental ResourcesAt RE: Request for an A endnwnt to as Maj r Conditional Use by Dail PanI Horan, P.A. &Owen Trepanier on behralf of Key West I- arbaur.TDeveloptnent 6000.PeninsuLaa Avenue, Stock Island;lVfile Marker 1I REQUEST: 2 3 A. Proposal: 5 The Applicant is requesting an Amendment to.`a Major Conditional Use in.Girder to 6 redevelop. an existing` marina on the subject property, commonly known as 7 Peninsular Marine. 8 9 The redevelopment proposal includes the construction of three (8) boat barns,which 1.0 would provide space.for up to 475 dry boat storage raeles `one (1)multi:vise building;; I I which would contain a;private ship's stare and three M affordable housing dwvelling 12 units, one..(1) private .club house;.which would contain dining facilities and other 0' amenities for members of the marina.; and three (3) attached market-rate dwelling 14 units. None of the existing structures on the property will:be retained. 15 16 B. Location:. 17 1. :Island&Mile Marker: Stick Island,Mile.Marker 18 2. Address. 6000 Peninsula Avenue 19 3. Legal Description:' Lots a;6&T Square 61,Maloney Sub 20 4. Real Estate Numbers: 00127470.000000;00127480.000000&00127480.000100 2.l ` 22 C• Applicant: 23 1w Owner: Key Nest Marina Investments LLC 24 2. Agents: David Paul Horan,P.A. &Owen Trepanier Pagel of.14 Reviewed by WAGRf71 111 tIATvA ETvlE 1"C':GeoT er KeysW04.Stock isTeninsular AveN6000 Peninsular Ave Maloney 5uh(Peninsular Maritie)'2007030. 7 6000 Peninsula:Ave Stock Island M.M5.KW Harbour I7ev Major Conditional Use Sly RE 0Q12747a:&00127480.doc [ i 1 11 PROCESS: 2 3 Pursuant to Sec. 9.5-69 of the Monroe County Code (MCC), following a review, the 4 Development Review Committee (DRC) shall forward a report and recommendation on 5 a ]major conditional application to the Planning Commission. The Planning Commission 6 shall hold a public hearing on the application and thereafter issue a development order 7 granting, granting with conditions or denying the application. 8 9 111 PRIOR COUNTY ACTIONS: 10 I I The subject property was being used a marina prior to the adoption of the current land 12 development regulations in 1986. Therefore, in accordance with MCC Sec. 9.5-2(c), the 13 site is deemed to have a major conditional use permit. 14 15 On March 9, 2006, a pre-application conference involving Monroe County Staff and the 16 Applicant was held to discuss the redevelopment and how the project could remain in 17 compliance with the Monroe County Code. Based on the dialogue of the conference, a 18 Letter of Understanding (LOU) was sent to the Applicant on May 17, 2006. 19 20 On December 1, 2006, a Letter of Development Rights Determination (LDRD) was sent 21 to the Applicant stating the amount of lawfully-established non-residential floor area 22 and dwelling units on the subject property. 23 24 On December 5, 2006, the application was reviewed by the DRC At the meeting, the 25 DRC approved the project with conditions. One of the conditions was that the project 26 could not be scheduled for review by the Planning Commission until Ordinance 037- 27 2006, passed and adopted by the Board of County Commissioners (BOCC) on October 28 18, 2006, was approved by the State of Florida Department of Community Affairs 29 (DCA). The DCA filed Final Order Number DCA07-OR-009 on January 12, 2007 30 approving Ordinance 037-2006. 31 32 N BACKGROUND INFORMATION: 33 34 A. Size of Site: 570,461 ft2 (13.1 acres) of upland area and 824,641 ft2 (18.9 acres) of 35 submerged land (source: 2005 boundary survey by Frederick H. Hildebrandt) 36 Net Buildable Area:456,369 ft2 (10.5 acres) 37 B. Land Use District: Mixed Use (MU) 3 8 C. Future Land Use Map (FLUM) Designation: Mixed Use / Commercial (MC) 39 D. Proposed Tier Designation: Tier III 40 41 E. Existing Use: Currently, the subject property is developed as a marina. Land uses 42 include light industrial (enclosed non-residential storage and boat repair), 43 commercial retail, office and residential. At present, there are six buildings, two 44 mobile homes, and several accessory structures on the property. There are also 55 45 existing wet slips, many of which are being occupied by live-aboard vessels. In 46 addition, a large portion of the property is devoted to outdoor non-residential 47 storage,which consists primarily of boats and associated marine equipment. Page Z of 14 Reviewed by W:\GROWTH MANAGEMFN' \GeoALorver Keys1004 Stock ls\Peninsular Avc\6000 Peninsular Five Maloney Sub(Peninsular Marine)120070307 6000 Peninsula Ave Stack island MM5 KW Harbour Dev Major Conditional Use SR RE 00127470&00127480.doc 1 2 F. Existing Vegetation / Habitat: Existing vegetation consists of mangrove areas along 3 some shorelines. 4 5 G. Community Character of Immediate Vicinity: The community character of the 6 immediate vicinity is derived from a mixture of land uses, including commercial 7 retail, office, light industrial and residential. In addition, there are other mixed-use 8 marinas nearby. 9 10 The location of the subject property on a peninsula along the southern shoreline of I 1 Stock Island leads to a majority of the property being surrounded by open water. As 12 a result, there is only one contiguous property under separate ownership. The 13 contiguous property, located to the West and owned by the federal government, is 14 developed with a communications facility. 15 1.6 V REVIEW OF APPLICATION: 17 18 Pursuant to MCC Sec. 9.5-248, in the MU District, marinas may only be permitted with 19 major conditional use approval. 20 21 MCC Sec. 9.5-65 provides the standards which are applicable to all conditional uses. 22 When considering applications for a conditional use permit, the Development Review 23 Committee shall consider the extent to which: 24 25 A. Bw conditional use is consistent zvitl2 the purposes, goals, objectives and standards of tlw 26 comprehensive plan and tlw land development regulations; 27 28 The proposed major conditional use amendment is consistent with the purposes, 29 goals, objectives and standards of the MU District and MC future land use category 30 designation. 31 32 Policies from Monroe Counttj Year 2010 Comprelwnsive Plan that directly pertain to the 33 subject property include: 34 35 1. Policy 502.1.1: Monroe County shall permit only port and port related land uses 36 within the Safe Harbor/Peninsular port area of Stock Island. 37 38 2. Policy 502.1.2: Monroe County shall permit land uses supportive, 39 complementary or otherwise port related nearby and adjacent to the Safe 40 Harbor/Peninsular port area of Stock Island. 41 42 B. T]w conditional use is consistent with the community character of t1w immediate vicinity; 43 44 The proposed redevelopment would be consistent with the community character of 45 the immediate vicinity. A marina has existed on the subject property for over 30 46 years. Further, a mixed-use marina would be compatible with neighboring Page 3 of 14 Reviewed by __ W:1GROW'f'H MANA{3EvlENTvGeoALower Keys1004 Stock Is;Peninsular Ave160€10 Peninsula Ave Maloney Sub(Peninsular Marine)120070307 6000 Peninsula Ave Stack Island MMS KW Harbour 17ev Major Conditional Use SR RE 00127470&00127480.doc I properties, an area which is composed of a diverse mixture of marina, commercial 2 retail, office,light industrial and residential uses. a 4 C. Tlae design of the proposed development minimizes adverse effects, including visual impacts, 5 on adjacent properties; 6 7 The proposed boat barns will be built in an area which has several existing, large 8 commercial/light industrial structures. As a result, the proposed boat barns will be 9 consistent with the scale of many neighboring structures. 10 11 In addition, the Applicant is proposing to construct all of buildings using 12 architectural features that provide visual interest. Similar design guidelines and 13 materials are proposed for all of the proposed buildings, which will make the 14 development cohesive. Further, variations in facade elements by means of :material, 15 texture and color will be used to reduce the apparent mass of the boat barns. 16 17 D. Tlw proposed use zvill have an adverse impact on the value of surrounding properties, 18 19 It is not anticipated that the proposed redevelopment will have an adverse impact on 20 the value of the surrounding properties. For the most part, the subject property is 21 isolated from surrounding properties because of its location on a peninsula. The 22 only contiguous property is occupied by a federally-owned communications facility. 23 24 E. The adequacy of public facilities and services; 25 26 1. Roads: 27 28 Localized impacts and access management: The site plan indicates that the 29 existing access drive into the site will be reconfigured to accommodate the 30 construction of the northernmost boat barn. In addition, a new fire access drive 31 (on sod and restricted to emergency vehicles) will be created along the western 32 property line. The reconfigured access drive and any new curb cuts shall require 33 approval from the County Engineer prior to the issuance of a Building Permit. 34 35 Level of Service (LOS): A Level III traffic study for the proposed redevelopment 36 was reviewed and approved by the County Traffic Consultant. 37 38 2. Stormwater: The Applicant shall coordinate with the County Engineer and the 39 South Florida Water Management District to determine compliance with MCC 40 Sec. 9.5-293. 41 42 3, Sewer: The Applicant shall coordinate with Key West Resort Utilities (KWRU),as 43 well as the Florida Department of Health, to determine compliance with MCC 44 Sec. 9.5-294. KWRU provided a letter of coordination on December 7, 2006 45 indicating that there is capacity to treat the sewage that will be generated from 46 the project. However, KWRU will not be able to accept boat sewage at any 47 anytime and will require that a contract for boat pump outs is obtained. Page 4 of 14 Reviewed by W:IGROWTH MANAGEMC:NT\Gcoll.ower Keys1004 Stock IsTeninsular Ave16000 Peninsular Ave Maloney Sub(Peninsular MarincY220070307 6000 Peninsula Ave Stock Island MW KW Harbour Dev Major Conditional Use SR RE 00127470&00127480.doc _ l 2 4. Emergency Management: The Applicant shall coordinate with the Fire Marshal 3 to determine compliance with the fire code. As of the date of this report, the 4 Assistant Fire Marshal has conceptually reviewed the project and is in the 5 process of completing a Letter of Coordination. 6 7 F. The Applicant has tlw financial and technical capacifif to complete the development as 8 proposed, 9 10 Staff has no evidence to support or disprove the Applicant's financial and technical 11 capacity. 12 13 G. The development u7ill adversely affect a known arcluaeological, historical or cultural resource; 14 15 The proposed redevelopment will not adversely affect a known archaeological, 16 historical or cultural resource. 17 18 H. Public access to public beaches and other iterfront areas is preserved as part of the proposed 19 development, 20 21 According to the Applicant's Community Impact Assessment Statement, public 22 access to the waterfront does not currently exist on the subject property. Only clients 23 are provided with access. This assertion is supported by the 1993 Monroe County 24 Marina Survey which indicates that Peninsular Marine was a private marina with 25 client and member access only. 26 27 The proposed redevelopment will also be private and gated, accessible only to 28 clients. However, as part of the redevelopment proposal, the Applicant has 29 proposed to construct a public access point to the waterfront, in the form of either a 30 boat ramp or dock. A pump-out facility and other amenities would also be 31 provided. The public access would take place where Peninsular Avenue ends at the 32 Northeastern section of the subject property, outside of the gated development. a� 34 This proposal would be consistent with Goal 6 of the Stock Island and Key Haven 35 Livable CommuniKeys Plan concerning the provision and improvement Waterfront 36 Access. 37 38 L The project complies with all additional standards imposed on it by tlae Land Development 39 Regulations; 40 41 1, Residential Rate of Growth Ordinance (ROGO) (§9.5-120): Compliance to be 42 determined by Planning & Environmental Resources Department upon submittal to 43 BuiIding Department. 44 45 The three (3) proposed market-rate dwelling units and three (3) proposed 46 affordable dwelling units require six (6) ROGO allocations (three (3) market-rate 47 ROGO allocations and three (3) affordable ROGO allocations). In addition, the Page 5 of.14 Reviewed by____ W:IGROWTH MANAGEMENT1GeolLower Keys1004 Stock Is`iPeninsular Avel6000 Peninsular Ave Maloney Sub(Peninsular Marine)120070307 6000 Peninsula Ave Stock Island MM5 KW Harbour Dev Major Conditional Use SR RE 00127470&00127480.doc 1 fifty (50) proposed transient units, in the form of live-aboards, also require 2 ROGO allocations. 3 4 In the LDRD dated December 1, 2006, five (5) dwelling units were deemed 5 lawfully-established on the subject property and fifty (50) live-aboards vessels 6 were recognized as lawfully existing. Therefore, density permitting, the five (5) 7 dwelling units found to be lawfully-established may be rebuilt and fifty (50) live- 8 aboard vessels found to be lawfully in existence may be replaced without going 9 through the ROGO allocation system. 10 11 However, the one (1) additional affordable dwelling unit will have to be 1.2 allocated through the ROGO allocation system or transferred on-site from an l 3 eligible sender site in accordance with MCC Sec. 9.5-120.4. 14 15 2. Non-Residential Rate of Growth Ordinance (NROGO) (§9.5-124):In compliance. 16 17 Table 1. Propose Non-Residential Floor Area Boat Barn 1 `s. 106,595 ft2 Boat Barn 2 28,380 ft- Boat Barn 3 12,941 ft2 Ship Store 1,242 W Clubhouse 8,243 ft2 TOTAL 157,371 W 18 Source:Site Plan by CHS 19 20 Pursuant to MCC Sec. 9.5-124(b), recently amended with the adoption of 21 Ordinance 037-2006, non-residential floor area means the sum of the gross floor 22 area for a non-residential structure as defined in MCC Sec. 9.5-4, any areas used 23 for the provision of food and beverage services and seating whether covered or 24 uncovered, and all covered, unenclosed areas. Walkways, stairways, entryways, 25 parking, loading areas are not considered floor area. Additionally boat barns, 26 covered, and unenclosed boat racks with three or fewer sides not associated with 27 the retail sales of boats, which do not exceed 50 percent of the net buildable area 28 of the lot/parcel are not considered non-residential floor area. Non-residential 29 floor area is not space occupied by transient residential and institutional 30 residential principal uses. 31 32 In the LDRD dated December 1, 2006, it was specified that 15,371 ft2 of non- 33 residential floor area was lawfully-established on the subject property. The 34 redevelopment proposal includes 9,485 ft2 of total non-residential floor area (ship 35 store and clubhouse). Since the amount of lawfully-established floor area 36 exceeds the amount of that proposed, the Applicant does not have to receive any 37 non-residential floor area allocated through the NROGO allocation system. 38 39 Concerning the boat barn's floor area, the subject property consists of 456,369 ft2 40 of net buildable area. The total floor area of the three boat barns is 147,886 ft2, an 41 amount that does not exceed 50 percent of the net buildable area. Therefore, the Page 6 of 14 Reviewed by W:1C,ROWTH MANAGEMFNT\6coALower Keys1004 Stock lsiPeninsular Ave\6000 Peninsular Ave Maloney Sub(Peninsular Marine)120070307 6000 Peninsula Ave Stock Island M v15 KW Harbour Dev.Major Conditional Use SR RE 06127470&00127480A c 1 floor area of the boat barns is not considered non-residential floor area and not 2 subject to the NROGO. 3 4 3. Purpose of the MU District (§9.5-219): In compliance. 5 6 The purpose of the MU District is to establish or conserve areas of mixed uses, 7 including commercial fishing, resorts, residential, institutional and commercial 8 uses, and preserve these as areas representative of the character, economy and 9 cultural history of the Florida Keys. 10 11 4. Permitted Uses (§9.5-248):In compliance if major conditional use permit is granted. 12 13 In the MU District, marinas are permitted with major conditional use approval 14 provided that a) the parcel proposed for development has access to water at least 15 four (4) feet below the mean sea level at mean low tide; b) the sale of goods and 16 services is limited to fuel, food,boating, diving and sport fishing products; c) all 17 outside storage areas are screened from adjacent uses by a solid fence, wall or 18 hedge at least six (6) feet in height; and d) the parcel proposed for development 19 is separated from any established residential use by a class C buffer-yard. 20 21 5. Air Installation Compatible Use Zone (AICUZ) Overlay (§9.5-260): Compliance to 22 be determined upon submittal to Building Department. 23 24 The Applicant's redevelopment proposal indicates that measures will be taken to 25 utilize design features that will meet or exceed those required to reduce noise 26 impacts. The Applicant has requested a letter of coordination from the United 27 States Naval Air Facility. 28 29 6. Affordable and Employee Housing (§9.5-266): In compliance. 30 31 Pursuant to MCC §9.5-266(b)(2), residential developments that result in the 32 development or redevelopment of three or more dwelling units on a parcel or 33 contiguous parcels shall be required to develop or redevelop at least 30 percent 34 of the residential units as affordable housing units. 35 36 Five (5) existing dwelling units will be redeveloped. The redevelopment 37 proposal includes the construction of three (3) affordable housing units, an 3 8 amount over the 30 percent required. 39 40 7, Residential Density and Maximum Floor Area Ratio (§9.5-262, §9.5-267 & §9.5- 41 269): In compliance. 42 43 Table 2. Propose Land Uses Boat Barn 147,886 W i ht lndustr Sr Ship Store 1,242 ft2 Commercial Retail Clubhouse 8,243 ft Commercial Retail Page 7 of 14 Reviewed by ___ w:I6R0wT1{MANAGPMENTIGeoll.,owtr Keys1004 Stock IsTeninsular Ave)000 Peninsular Ave Maloney Sub(Peninsular Marine)120070307 6000 Peninsula Ave Stock Island N4M5 Kw Harbour Dev Major Conditional Use SR RE 00127470&00127480.doc Employee Housing Affordable 3 units 1 Permanent Residential Market-Rate Housing 3 units Permanent Residential Live-Aboard Vessels 50 vessels Transient Residential 1 2 Since permanent dwelling units existed on the subject property prior to 1986, the 3 site is deemed to have maximum net density for the permanent residential use. 4 Pursuant to MCC Sec. 9.5-262, in the MU District, for market-rate housing the 5 maximum net density is 12 dwelling units per buildable acre and for affordable 6 housing the maximum net density is 18 dwelling units per buildable acre. 7 8 Pursuant to MCC Sec. 9.5-308, live-aboards shall be counted as dwelling units 9 when calculating density. Based on the Applicant's statement, the live-aboard 10 units will be used transiently on the site. Pursuant to MCC Sec. 9.5-267, in the 11 MU District, the allocated density for transient is 10 dwelling units per acre. 1.2 However, the maximum net density of 15 dwelling units per acre may be 13 achieved through the transferable development right(TDR) process. 14 15 Since the marina will be private, the ship store and clubhouse are considered low 16 intensity commercial retail. Pursuant to MCC Sec. 9.5-269, in the MU District,the 17 maximum floor area ratio (FAR) for low intensity commercial uses is 0.35 or 35 18 percent. 19 20 Prior to the adoption of Ordinance 037-2006, boat barns were considered a light 21 industrial use and were subject to the light industrial FAR. With the adoption of 22 Ordinance 037-2006,boat storage not associated with retail sales is excluded from 23 being counted in the FAR; however, only up to 50 percent of the net buildable 24 area. 25 26 Therefore, the redevelopment proposal is subject to the following density 27 calculations: 28 29 Table 3. Land Use Intensities f ! ,.i...,.. l........, .. ,.. - .ram. ..., . ,+.. G Boat Barn(Light N/A* 570,461 ft2 228,185 W 147,886 ft2 0.0 %* Industrial Commercial Retail 0.35 FAR 570,461 ft2 199,661 ft2 1 9,485 ft2 4.8 % Residential 12 DU/ 13.1 acres 126 units 3 units 2.4 % (Market-Rate) buildable 10.5 i acre** buildable Residential 18 DU/ 13.1 acres 189 units 3 units 1.6 % (Affordable) buildable (10.5 acre** buildable Residential 10 DU/ 13.1.acres 131 vessels 50 vessels 38.2% (Live-Aboards) acre TOTAL 47.0% 30 * The total floor area of the boat barns does not exceed 50 Percent of the net buildable area. 3 j Therefore,the floor area is not considered non-residential floor area and not subject to FAR K ** The site is deemed to have maximum net density for the permanent residential uses only Page 8 of 14 Reviewed by W:1GROWTH MAN A0EMLNT\GeolLOWer Keys1004 Stock IsTeninsularAvel6000 Peninsular Ave Maloney Sub(Peninsular Marine)120070307 6000 Peninsula Ave Stock Island MM5 KW Hubour Dev Major Conditional Use SR RE 00127470&00I27480.doe _ 1 2 8. Required Open Space (§9.5-269& §9.5-347): In compliance. 3 4 In the MU District, there is a required open space ratio of 0.20. Therefore,at least 5 20 percent of the site must remain open space. Open space means the portion of 6 any parcel of land or water which is required to be maintained such that the area 7 within its boundaries is open and unobstructed from the ground to the sky. 8 9 The subject property consists of 570,461 ft2 (13.1 acres) of upland area. Therefore, 10 the amount of open space required is 114,092 ft2 (2.6 acres). The site plan I I indicates that 125,017 ft2 (2.87 acres) of open space will be provided. 12 13 9. Minimum Yards (§9.5-281): In compliance. 14 15 The required non-shoreline setbacks for a marina use in the MU District are as 16 follows: Front yard - 15 feet; Rear yard - 10 feet; and Side yard - 10/15 feet 17 (where 10 feet is the required side yard for one side and 15 feet is the minimum 18 combined total of both side yards). 19 20 The subject property has only two non-shoreline setbacks, along the property 21. line to the North, considered a front yard, and along the property line to the 22 West, considered a side yard. The rest of the site is surrounded by open water 23 and is subject to the shoreline setback requirements. 24 25 10. Maximum Height(§9.5-283): Not in compliance. 26 27 Pursuant to MCC Sec. 9.5-4 (H-3), height means the vertical distance between 28 average grade and the highest part of any structure, including mechanical 29 equipment,but excluding chimneys, spires and steeples on structures utilized for 30 institutional and public uses only, radio or television antenna, flagpoles, solar 31 apparatus, and utility poles. However, in no event shall any of the exclusions 32 enumerated above be construed to permit any habitable or usable space to 33 exceed the applicable height limitations. 34 35 Therefore, no structure or building shall be developed that exceeds a maximum 36 height of 35 feet. The building elevations indicate that Boat Barn 1, Boat Barn 2, 37 Boat Barn 3, the clubhouse building and the ship store building have heights that 38 exceed 35 feet. 39 40 11, Surface Water Management Criteria (§9.5-293): Compliance to be determined by 41 South Florida Water Management District. 42 43 The Applicant has requested a letter of coordination from the South Florida 44 Water Management District. 45 46 12. Wastewater Treatment Criteria (§9.5-294): Compliance to be determined by Florida 47 Department of Health. Page 9 of 14 Reviewed by W:AGROWTH MANAGEMEKF1Geol,Aver Keys1004 Stock ls\Peninsular Ave16000 Peninsular Ave Maloney Sub(Peninsular Marine)120070307 6000 Peninsula Ave Stock Island MM5 KW Barbour Dev Major Conditional Use SR RE 00127470&00127480.doc _ 1 2 The Applicant has requested a letter of coordination from the Florida 3 Department of Health. 4 5 13. Fencing (§9.5-309): In compliance. 6 7 14, Hoodplain Management (§9.5-316 & §9.5-317): Compliance to be determined upon 8 submittal to Building Department. 9 10 All new structures must be built to standards that meet or exceed those of the I l MCC for flood protection. New construction of any non-residential structure 12 within an AE flood zone shall have the lowest floor elevated to or above base 13 flood level, or, together with attendant utility and sanitary facilities, be designed 14 so that below the base flood level the structure is water-tight. 15 16 15. Energy Conservation Standards (§9.5-326): In compliance. 17 18 The redevelopment proposal includes the installation of native plants, which 19 would reduce the requirements for water and maintenance; the installation of 20 native shade trees, which would provide shade for plaza and parking areas; the 21 provision of structural shading, which would provide shade for porch, balcony 22 and plaza areas; the provision of private porches and patios for the residential 23 units; and the utilization of building materials based upon energy efficient 24 ratings. 25 26 In addition, the proposed redevelopment shall meet the required open space 27 standards,which may result in reduced coverage by asphalt, concrete and rock. 28 29 16. Potable Water Conservation Standards (§9.5-327): Compliance to be determined 30 upon submittal to Building Department. 31 32 17. Shoreline Setback (§9.5-349): In compliance to tyre maximum extent practicable. 33 34 18. Required Parking (§9.5-352): In compliance if Variance is granted. 35 36 Table 4. Off-Street Parkin Requirements Multi-Family Dwellin. Unit 1.5 spaces/ unit 6 units 9.0 s aces Commercial Retaii* E 3 spaces/ 1,000 ftz 9,485 ft2 28.5 spaces Live-Aboards 1.5 spaces/ berth 50 berths i 75.0 spaces Marinas 1.0 space/ berth 50 berths** 50.0 spaces Marinas 1.0 space/4 dry 475 dry racks 118.8 spaces F racks [ TOTAL 281.3 spaces 37 As a note,the private club house is an accessory use to the principal marina use,and therefore 38 not subject to off-street parking requirements 39 * In total,there are 100 proposed wet slips;however 50 are proposed to remain live-aboards 40 Page 10 of 14 Reviewed by W:IGROWTH MANAGEMEN't1GeoJ,owar Keys1004 Mock lsTeninsular Avel6000 Peninsular Ave Maloney Sub(Peninsular Marine)120070307 6000 Peninsula Ave Stock Island MM5 KW Harbour Dev Major Conditional[,se 5R RE 00127470&00127480.doe I The redevelopment is a mixed-use development. For that reason, it is eligible for 2 a shared-parking reduction. 4 Table 5. Shared-Parking Calculations g. Marinas 8.4 118.2 16.9 168.8 33.8 1 (1.68.8 spaces) I Residential 84.0 50.4 73.6 67.2 75.6 (84.0 spaces) Commercial Retail 1.4 17.1 25.7 28.5 i 20.0 (28.5 spaces) TOTAL 93.8 185.7 118.2 264.5 129.4 5 6 Therefore, the required parking for the proposed redevelopment would be 265 7 spaces. The site plan indicates that 222 off-street parking spaces will be 8 provided. This is 43 spaces short of the 265 spaces required, or 16 percent of the 9 total required. 10 11 The Applicant has requested a Variance in order to receive a reduction in the off- 12 street parking required. If granted, the required off-street parking of 265 spaces 13 would be reduced to 222 spaces. The request is currently scheduled for review 14 by the Planning Commission on March 7, 2007 and must be approved. 15 1.6 Handicap Parking 17 18 If the Variance is approved, seven of the 222 off-street parking spaces provided 19 must meet the handicap parking design requirements set forth in the Florida 20 Accessibility Code for Building Construction. The site plan indicates that seven 21 off-street parking spaces will be handicap accessible. 22 23 Scooter and Bicycle Parking 24 25 The proposal also includes an undesignated amount of scooter parking and two 26 bike racks (each accommodating ten bikes). The provision of bike racks is 27 consistent with Action Item 9.4.3 of Master Plan for the Futlire Development of Stock 28 Island & Key Haven, which requires the provision of bicycle facilities and parking 29 in all new development and redevelopment. 30 31 Boat Rainp Parking 32 33 Boat ramps require six off-street parking spaces per ramp (being a minimum of 34 14 feet by 55 feet) to accommodate trailers and oversized vehicles. No boat ramp 35 parking was assessed for the boat lift because only clients will have access to the 36 private lift and their vessels will be stored on the property and transported to the 37 lift by staff of the facility. 38 39 19. Required Loading and Unloading Spaces (§9.5-354):In compliance. Page 11 of 14 Reviewed by W:aGROWTH MAN AO FMFNT\(3co\Lo,.vcr Keys1004 Stock 1sftnh3sular Ave\6000 Peninsular Ave Maloney Sub(Peninsular Marine)120070307 6000 Peninsula Ave Stock Island MW KW Harbour Dev Major Conditional Use SR RE 00127470&00127480.doc _ 1 2 All non-residential uses with over 50,000 ft2 of floor area require two loading and 3 unloading spaces, measuring 11 feet by 55 feet. Two loading/unloading spaces 4 are provided. 5 6 20. Required Landscaping (§9.5-361): In compliance. 7 8 Although required planting area and vegetation numbers are in compliance, for 9 inspection purposes, Staff requests a landscaping plan consistent with the 10 revised site plan. 11 1.2 21, Required Buffer-yards (§9.5-378 & §9.5-379): In compliance. 13 14 Although vegetation numbers are in compliance, for inspection purposes, Staff 15 requests a landscaping plan consistent with the revised site plan. 16 17 22. Outdoor Lighting (§9.5-391, §9.5-392 & §9.5-393): Compliance to he determined upon 18 submittal to Building Department. 19 20 23. Signs (§9.5-404& §9.5-405). In compliance. 21 22 No signage has been proposed at this time. 23 24 24. Access Standards (§9.5-421 & §9.5-427): Compliance to be determined upon approval 25 by Counhj Engineer. 26 27 25, Traffic Study (§9.5-426): In compliance. 28 29 The traffic study indicated that there is adequate traffic capacity for the 30 redevelopment and its findings were approved by the County Traffic Consultant. 31 32 Other issues with the application: 33 34 A. Expansion of Wet Slips. The Applicant is proposing to have 100 wet slips. Currently, 35 there are 55 existing wet slips on the site. Approval from the Florida Department of 36 Environmental Protection and other pertinent agencies may be required for the 37 reconfiguration and expansion. 38 39 B. Marine Facilities and Working Waterfront, Interim Development Ordinance (IDO). The 40 IDO directs Staff to defer the acceptance of certain development applications for the 41 redevelopment of marine facilities and working waterfront at this time. Staff has 42 found that the proposed redevelopment is not affected by the IDO. 43 44 45 46 47 Page 12 of 14 Reviewed by W\GROWTH MANA(IEMENT1GeolLower Keys1004 Stock IsTemnskilar Ave15000 Peninsular Ave Maloney Sub(Peninsular Marine)120070307 6000 Peninsula Ave Stock Island N4M5 KW Harbour Dev Major Conditional Use SR RE 00127470&00127480.doc I VI RECOMMENDED ACTION: 2 3 Staff recommends APPROVAL to the Planning Commission if all the following 4 conditions are met: 5 6 A. Prior to issuance of a Resolution, the required off-street parking standards shall 7 be reduced by the Planning Commission. 8 9 B. Prior to issuance of a Resolution, the Applicant must submit revised building 10 floor plans and a revised landscaping plan that are consistent with the site plan I I to the Planning& Environmental Resources Department. 12 13 C. Prior to the issuance of a Resolution, the Applicant must submit revised building 14 elevations to the Planning & Environmental Resources Department that are 15 consistent with the site plan and indicate that all proposed structures will be in 16 compliance with Sec. 9.5-283 of the Monroe County Code. 17 18 D. The boat barns may only be used for the storage of boats and associated 19 equipments. Retail sales will only be allowed if a Non-Residential Rate of 20 Growth Ordinance (NROGO) allocation is received and the floor area ratio and 21 the density requirements of the Monroe County Code permit the addition of 22 commercial retail floor area. 23 24 E. The two required affordable housing units must be built either before or 25 simultaneously with the three proposed market-rate units, in accordance with 26 the provisions of Sec. 9.5-266(b) of the Monroe County Code. 27 28 F. The Applicant shall collaborate with the County Attorney to develop a public 29 waterfront access point as described in the conditional use application. 30 31 G. Prior to the issuance of a Building Permit for its completion, the sixth dwelling 32 unit must be acquired through the ROGO allocation system. 33 34 H. Prior to the issuance of a Building Permit, the site plans shall be determined to be 35 in compliance by the Building Department, the County Engineer, the Florida 3 6 Department of Health and the Fire Marshal. 37 38 VII PLANS REVIEWED: 39 40 A. Site Plan(C-1) by Consulting Engineering&Science (CES), dated 12-05-2006; 41 B. Paving-Grading-Drainage Plan (C-2) by Consulting Engineering & Science (CES), 42 dated 12-05-2006; 43 C. Building Floor Plans (A2.1A, A2.1B, A2.2, A2.3, A2.4A, A2.4B, A2.4C & A2.5) by 44 Fisher and Associates, dated 09-29-2006; 45 D. Building Floor Plans (A2.6A & A2.6B) by Fisher and Associates, dated 01-03-2007; 46 E. Building Elevations (A4.1A, A4.1B, A4.2, A4.3, A4.4A, A4.4B, A4.4C, A4.5A & A4.5B) 47 by Fisher and Associates, dated 09-29-2006; Page 13 of 14 Reviewed by W;IGROWTH MANAGEMENT%GeolLovvcr KeysW4 Stock 1sTeninsular Ave16000 Peninsular Ave Maloney Sub(Peninsular Marine)120070307 6000 Peninsula Ave Stock[stand MM5 Kit%Harbour Dev Major Conditional Use SR RE 00127470&00127490.doc I F. Building Elevations(A4.6A &A4.613) by Fisher and Associates, dated 01-03-2007; 2 G. Landscape Plan and Plant List by Carl P. Gilley, not dated; 3 H. Boundary Survey by Frederick H. Hildebrandt, dated 01-01-2007; 4 I. Level III Traffic Study by Transport Analysis Professionals, Inc, dated December 5 2006. Page 14 of 14 Reviewed by W_1GROWTH MANAGFMF;NT1GeolI..ower Keys1004 Stock lsTeninsular Ave16000 Peninsular Ave Maloney Sub(Peninsular Marine)'ti20070307 6000 Peninsula Ave Stock Island M.M5.Kw Harbour Bev Major Conditional Use SR RE 00127470&00127480.doc County of Monroe Growth Management Division Planning& Crivirontnental ftesourres � �„��_ Board of Countv Commissioners Department Mayor Mario Di Gennaro.Dist.4 2798 Overseas Highway,Suite 410 # Mavor Pro Tem Dixie Spehar,Dist. 1 Marathon.FL 33050 , George Neugen Dist 2 Voice: (305)289-2500 k ' Charles"Sonny'McCoy,Dist.3 FAX: (305)289-2536 Sylvia J.Murphy,Dist,5 We strive to be caring,professional and fair ell September 13,2007 Michelle Koby 800 Duck Key Drive Marathon, FL 33050 SUBJECT: Minor Deviation Request to P11-07 for Key West Harbour Development, 6000 Peninsula Avenue, Stock Island, Mile Marker 5 (Oceanside), Real Estate Numbers 00127470.000000; 00127480.000000 & 00127480.000100 Ms. Koby, In a letter to the Planning & Environmental Resources Department, dated July 25, 2006, you requested minor deviation authorization to the subject property's conditional use permit in order to: 1. Modify the design of the ship store building by altering architectural details, increasing the total floor area and expanding the area of the building footprint BACKGROUND INFORMATION: During a regularly scheduled public meeting held on March 7, 2007, the Monroe County Planning Commission conducted a review and consideration of a request filed by Trepanier & Associates Inc, on behalf of Key West Marina Investments LLC, for an amendment to a major conditional use permit. The Planning Commission approved the request to redevelop the existing marina by constructing three (3) boat barns, providing space for approximately 475 dry boat storage racks; 100 wet slips; one (1) multi-use building containing a combination of non- residential floor area and three (3) affordable housing dwelling units; one (1) club house; and three (3) attached market-rate dwelling units. The approval was recorded in Resolution No. P11- 07, dated March 7, 2007. The development is currently under construction and the Applicant is requesting approval of the modifications in light of technical and engineering considerations. Request for a Minor Deviation to Resolution No. P11-07 Page 1 of 5 ''v' .. ;i\' ... ,.1:"\-. :!.:;`.!i_` - C:�t?.I i1 ... i�;1\>-,',i> �li�i. i�'•.;'C:iaL Jl:i; :\- C•.i):ii ili : ::::..,....- '.',� �.I,i;n., �E!� .:'i!? !i:uli;7 REVIE,W OF KEC, L) ST: The Applicant is proposing to modify the design of the ship store building by altering architectural details and expanding the footprint. The revised plans that address the alterations were included in Building Permit Applications 071-1987, 071-1988, 071-3 048 and 071-3049. Plans Reviewed: • Planning Commission Approved Site Plan (C-1) by Consulting Engineering & Science (CES), dated August 17, 2006 and last revised April 11, 2007; and • Planning Commission Approved Ship Store Building Floor Plans (A2.6A & A2.6B) by Fisher and Associates, dated September 29, 2006 and revised on January 3, 2007; and • Planning Commission Approved Ship Store Building Elevations(A4.6A & A4.6B)by Fisher and Associates, dated September 29, 2006 and revised January 3, 2007; and • Revised / Proposed Ship Store Building Floor Plans (A2.6) by Fisher and Associates, dated September 29, 2006 and last revised April 6, 2007; and • Revised / Proposed Ship Store Building Elevations (A4.6A & A4.6B) by Fisher and Associates, dated September 29, 2006 and last revised April 6, 2007 Pursuant to MCC Sec. 9.5-72(b)(3), minor deviations which may be authorized are those that appear necessary in light of technical and engineering considerations and shall be limited to the following: A. Alteration of the location of any road or walkway by not more than five (5)feet: No existing road or existing walkway will be altered by the scope of work. B. Reduction of the total amount of open space by not more than five (5)percent or reduction of the yard area or open space associated with any single structure by not more than five (5) percent provided that such reduction does not permit the required open .space to be less than that required by MCC Sections 9.5-262 and 9.5-343: The reduction of the total amount of open space will not be more than five (5) percent. According to the revised plans, no additional impervious area would result from the alterations. Therefore,the amount of open space would not be affected. The Ship Store building was approved under Resolution P11-07 to consist of 3,280 ft2 of floor area, which included 1,242 ft2 of non-residential floor area and 2,038 ft2 of residential floor area. According to the revised plans, the building would be altered to consist of 5,952 ft2 of floor area, which includes 3,051 ft2 of non-residential floor area (including a drop-off canopy and covered terrace) and 2,901 ftz of residential floor area (comprised of three (3) employee housing units). In both the approved and revised sets of plans, the building would consist of two (2) stories with all of the non-residential floor area on the first floor and all of the residential floor area on the second floor. Request for a Minor Deviation to Resolution No. P1 I-07 Page 2 of M:1N A(jI'A;I \I'C,C;J,Mr :! ( r,1 -4 `�c�ck 1 T �.���>=t.�r:r 1v� (EOo l k' ,<<r�. I� '� _ M. 11`o;Sc% Sub f.,,,,�c 'r��!^ii. i;{�u.C I A4 e`sock (�c:nd \!N!.5 K t0 i ir,tc k F,3;(10 1 i? 90 Vi i w )cn P 3 .uoc According to the site plan approved under Resolution P11-07, the Ship Store building was designed to have a footprint of approximately 1,242 ft2. However, the building was to be surrounding by impervious surfaces, comprised mainly of pavers and concrete. Therefore, although the alterations will increase the size of the building's footprint and the amount of total floor area, no additional impervious area would result from the modifications. Note: The subject property consists of 570,461 ft2 (13.1 acres) of upland area. Therefore, the amount of open space required is 114,092 ft2 (2.6 acres). The site plan indicates that 125,017 ft2(2.87 acres) of open space will be provided. C. Alteration of the location, type or quality of required landscaping elements of the conditional use permit: No required landscaping elements will be altered by the scope of work. Other Issues: A. Non-Residential Rate of Growth Ordinance (NROGO) (§9.5-124): With the revisions, an additional 1,809 ft2 of non-residential floor area would be established on the property (3,051 ft2 of non-residential floor area - 1,242 ft2 of non- residential floor area approved under Resolution P11-07), Normally, this additional non-residential floor area would have to be acquired through the NROGO permit allocation system. However, since the project is a redevelopment, there was non-residential floor area in existence on the site prior to the conditional use permit application. Furthermore, the non-residential floor area approved under Resolution P11-07 was less than that lawfully-established beforehand. Therefore, the property owner has a "bank" of remaining non-residential floor area. In a letter of development rights determination dated December 1, 2006, it was specified that 15,371 ft2 of non-residential floor area was lawfully-established on the property. The redevelopment plan under Resolution P11-07 included 9,485 ft' of total non-residential floor area. Therefore, 5,886 ft2 of lawfully-established non-residential floor area was not to be rebuilt as part of the redevelopment proposed under Resolution P 11-07, The 1,809 ftz of additional non-residential floor area will be deducted from the "bank" of 5,886 ft2, thus leaving a remaining balance of 4,077 ft2. Total Non-Residential Floor Area Approved under Resolution P11-07 uzldr Prts ed 1wt(vlii ialr Boat Barn 1 106,595 ft2{Not suect to the NROGO) __ __.t_._._ .. � Boat Barn 2 28,380 ft2(Not subject to the NROGO� Boat Barn 3 12,911 ft2(Not subject to the NROGO) Ship Store 1,242 ft Request for a M rior Devi<flan to Resolution No. P1 1-07 gave 3 of . r: ..- - [ 1i� c _ .. �. . r i -li ` i ._ '>>i• .. �;SU ___ r�l J:_ , '�I fti', r -, t� ,.�i�t Clubhouse 8,�4� ft TOTAL �_9,48ti ft- Total Non-Residential Floor Area Approved following Minor Deviation to PII-07 13 �ldttt 77''rea lion-,esid ntial, lc csr Atha Boat Barn 1 �106,595 W (Nat 4ubject to the NROGO) � Boat Barn 2 28,380 W (Not subject to the NROGO) Boat Barn 3 12,911 ft2(Not subject to the NROGO) Shp Store 3,051 ft2 Clubhouse 8") ft4 TOTAL 11 194 ft2 � Concerning the boat barn's floor area; the subject property consists of 456,369 ft2 of net buildable area. The total floor area of the three boat barns is 147,886 W, an amount that does not exceed 50 percent of the net buildable area. Therefore, the floor area of the boat barns is not considered non-residential floor area and not subject to the NROGO. B. Maximum Residential Density and Non-residential Land Use Intensity (§9.5-262 & 9.5- 269): Land Use Intensity Approved under Resolution P11-07 L�s1 AR°C of Otte'. Prapp� Ponti . ?ensi ' Allo e Lt Boat Barn (Light N/A* 570,461 ft2 228,185 ft2 147,886 ft= 0.0 %* Industrial) Commercial Retail 0 35 FAR 570,461 W 199,661 ft � 9,485 ft2 4.8 % Residential 12 C.)f 13.1 acres 126 units 3 units 2..4% (Market-Rate) ""buildable. 10.5 � acre** (buildable) Residential ; 18 DU/ 13.1 acres 189 units 3 un.its 1.6 (Affordable) ( buildable (10.5 acre** buildable) Residential 10 DUI/ 113.1 acres 131 vessels i 50 vessels 1 38.2% 1 (Live Aboards) ( __.._ .... _. .._..._ ._._ TOTAL 47.0 * The total floor area of the boat barns does not exceed 50 percent of the net buildable area. Therefore,the floor area is not considered non-residential floor area and not subject to FAR ** The site is deemed to have maximum net density for the permanent residential uses only Land Use Intensity Approved following Minor Deviation to P11-07 Lani tJse } ) l sift ;M� oadz��keti , 3ens llload ,., .. Boat Barn (Light NIA* 570,461 ft2 228,185 R2 147,886 ft= 0.0 %* 1 Industrial) 1� 4,' N _ ! o Commercial Retail 0 35,FAR 570.461 ]t 199 661 ft2 11,294 ft- 5.7 ;y Residential 12 1 C1 13 1 acres 126 units 3 traits 2.4 Request for a Minor Deviation to Resolution No. P11-07 Page 4 of 5 (Market-Rate) buildable 10.5 acre** buildable) _ _ _ Residential 18 DU/ 13.1 acres j 189 units 3 units 1.6% (Affordable) buildable (10.5 j acre** buildable) 6umI �{ Residential 10 DU/ 13 1 acres 131 vessels 50 vessels 38.2% (Live Aboards) acre TOTAL_� 47.9 The total floor area of the boat barn � �* �sdo es not exceed_- 50 percent of the� net buildable area. Therefore, the floor area is not considered non-residential floor area and not subject to FAR * The site is deemed to have maximum net density for the permanent residential uses only RECOMMENDATION: The proposed improvements applied for are consistent with the intent of a minor deviation and are hereby granted with the following conditions: 1. Any revisions to the work proposed under this minor deviation request or future improvements to the property are subject to further review as minor deviations to Resolution P 11-07 or as amendments to the major conditional use permit approval provided under Resolution P11-07. We trust that this information is of assistance. If you have any questions regarding the contents of this letter, or if we may further assist you with your project, please feel free to contact our Marathon office at(305)289-2500. Sincerely yours, Townsley Schwab, 4�1 5"�� Date Signed '_�/ Acting Director of Planning&Env* ottmental Resources ' Request for a Minor Deviation to Resolution No.P 11-07 Page 5 of 5 kV:'%G1,'0',k 11 AG1:;%4LN l`Gco L.owcj Swck Is,"enin,U1,1r Ake 60(s0 t'eni„ s1a1-Al C }.klonO Sub (PC1141SLIIU Marine)'20070913 6000 Peninsula A%e titu_k Isiand N-CM5 KVV i li'.PtlOUI'Ike% RE 00127470&00l27 th0:\linor Dtf% N 1-07,Joc KEY WEST HARBOR LLC C/O KOBY ASSOCIATES, INC, 8OO DUCK KEY DRIVE MARATHON, FL33058 305-743'3000 306-849-1142 July 25. 2UO7 Monroe County Planning Department ArefJou|ani. Director Planning 27Q8 Overseas Highway Marathon, FL 33050 OearAref: Re: Resolution P11-07 VVe are hereby requesting a minor deviation for the Conditional Use for Key West Harbor LLC as per the plans submitted to the Monroe County Building Department for the Ship's Store under permit O71'O1B87 and the three Affordable Housing units under permit numbers 071-81Q88. O71 03049. 071'03048, Please call meif you require any additional information. Sinuenw|y, Michelle Knby Agent for Key West Marina Investments County of Monroe Growth Management Division Planning& Crivirontnental ftesourres � �„��_ Board of Countv Commissioners Department Mayor Mario Di Gennaro.Dist.4 2798 Overseas Highway,Suite 410 # Mavor Pro Tem Dixie Spehar,Dist. 1 Marathon.FL 33050 , George Neugen Dist 2 Voice: (305)289-2500 k ' Charles"Sonny'McCoy,Dist.3 FAX: (305)289-2536 Sylvia J.Murphy,Dist,5 We strive to be caring,professional and fair ell September 13,2007 Michelle Koby 800 Duck Key Drive Marathon, FL 33050 SUBJECT: Minor Deviation Request to P11-07 for Key West Harbour Development, 6000 Peninsula Avenue, Stock Island, Mile Marker 5 (Oceanside), Real Estate Numbers 00127470.000000; 00127480.000000 & 00127480.000100 Ms. Koby, In a letter to the Planning & Environmental Resources Department, dated July 25, 2006, you requested minor deviation authorization to the subject property's conditional use permit in order to: 1. Modify the design of the ship store building by altering architectural details, increasing the total floor area and expanding the area of the building footprint BACKGROUND INFORMATION: During a regularly scheduled public meeting held on March 7, 2007, the Monroe County Planning Commission conducted a review and consideration of a request filed by Trepanier & Associates Inc, on behalf of Key West Marina Investments LLC, for an amendment to a major conditional use permit. The Planning Commission approved the request to redevelop the existing marina by constructing three (3) boat barns, providing space for approximately 475 dry boat storage racks; 100 wet slips; one (1) multi-use building containing a combination of non- residential floor area and three (3) affordable housing dwelling units; one (1) club house; and three (3) attached market-rate dwelling units. The approval was recorded in Resolution No. P11- 07, dated March 7, 2007. The development is currently under construction and the Applicant is requesting approval of the modifications in light of technical and engineering considerations. Request for a Minor Deviation to Resolution No. P11-07 Page 1 of 5 ''v' .. ;i\' ... ,.1:"\-. :!.:;`.!i_` - C:�t?.I i1 ... i�;1\>-,',i> �li�i. i�'•.;'C:iaL Jl:i; :\- C•.i):ii ili : ::::..,....- '.',� �.I,i;n., �E!� .:'i!? !i:uli;7 REVIE,W OF KEC, L) ST: The Applicant is proposing to modify the design of the ship store building by altering architectural details and expanding the footprint. The revised plans that address the alterations were included in Building Permit Applications 071-1987, 071-1988, 071-3 048 and 071-3049. Plans Reviewed: • Planning Commission Approved Site Plan (C-1) by Consulting Engineering & Science (CES), dated August 17, 2006 and last revised April 11, 2007; and • Planning Commission Approved Ship Store Building Floor Plans (A2.6A & A2.6B) by Fisher and Associates, dated September 29, 2006 and revised on January 3, 2007; and • Planning Commission Approved Ship Store Building Elevations(A4.6A & A4.6B)by Fisher and Associates, dated September 29, 2006 and revised January 3, 2007; and • Revised / Proposed Ship Store Building Floor Plans (A2.6) by Fisher and Associates, dated September 29, 2006 and last revised April 6, 2007; and • Revised / Proposed Ship Store Building Elevations (A4.6A & A4.6B) by Fisher and Associates, dated September 29, 2006 and last revised April 6, 2007 Pursuant to MCC Sec. 9.5-72(b)(3), minor deviations which may be authorized are those that appear necessary in light of technical and engineering considerations and shall be limited to the following: A. Alteration of the location of any road or walkway by not more than five (5)feet: No existing road or existing walkway will be altered by the scope of work. B. Reduction of the total amount of open space by not more than five (5)percent or reduction of the yard area or open space associated with any single structure by not more than five (5) percent provided that such reduction does not permit the required open .space to be less than that required by MCC Sections 9.5-262 and 9.5-343: The reduction of the total amount of open space will not be more than five (5) percent. According to the revised plans, no additional impervious area would result from the alterations. Therefore,the amount of open space would not be affected. The Ship Store building was approved under Resolution P11-07 to consist of 3,280 ft2 of floor area, which included 1,242 ft2 of non-residential floor area and 2,038 ft2 of residential floor area. According to the revised plans, the building would be altered to consist of 5,952 ft2 of floor area, which includes 3,051 ft2 of non-residential floor area (including a drop-off canopy and covered terrace) and 2,901 ftz of residential floor area (comprised of three (3) employee housing units). In both the approved and revised sets of plans, the building would consist of two (2) stories with all of the non-residential floor area on the first floor and all of the residential floor area on the second floor. Request for a Minor Deviation to Resolution No. P1 I-07 Page 2 of M:1N A(jI'A;I \I'C,C;J,Mr :! ( r,1 -4 `�c�ck 1 T �.���>=t.�r:r 1v� (EOo l k' ,<<r�. I� '� _ M. 11`o;Sc% Sub f.,,,,�c 'r��!^ii. i;{�u.C I A4 e`sock (�c:nd \!N!.5 K t0 i ir,tc k F,3;(10 1 i? 90 Vi i w )cn P 3 .uoc According to the site plan approved under Resolution P11-07, the Ship Store building was designed to have a footprint of approximately 1,242 ft2. However, the building was to be surrounding by impervious surfaces, comprised mainly of pavers and concrete. Therefore, although the alterations will increase the size of the building's footprint and the amount of total floor area, no additional impervious area would result from the modifications. Note: The subject property consists of 570,461 ft2 (13.1 acres) of upland area. Therefore, the amount of open space required is 114,092 ft2 (2.6 acres). The site plan indicates that 125,017 ft2(2.87 acres) of open space will be provided. C. Alteration of the location, type or quality of required landscaping elements of the conditional use permit: No required landscaping elements will be altered by the scope of work. Other Issues: A. Non-Residential Rate of Growth Ordinance (NROGO) (§9.5-124): With the revisions, an additional 1,809 ft2 of non-residential floor area would be established on the property (3,051 ft2 of non-residential floor area - 1,242 ft2 of non- residential floor area approved under Resolution P11-07), Normally, this additional non-residential floor area would have to be acquired through the NROGO permit allocation system. However, since the project is a redevelopment, there was non-residential floor area in existence on the site prior to the conditional use permit application. Furthermore, the non-residential floor area approved under Resolution P11-07 was less than that lawfully-established beforehand. Therefore, the property owner has a "bank" of remaining non-residential floor area. In a letter of development rights determination dated December 1, 2006, it was specified that 15,371 ft2 of non-residential floor area was lawfully-established on the property. The redevelopment plan under Resolution P11-07 included 9,485 ft' of total non-residential floor area. Therefore, 5,886 ft2 of lawfully-established non-residential floor area was not to be rebuilt as part of the redevelopment proposed under Resolution P 11-07, The 1,809 ftz of additional non-residential floor area will be deducted from the "bank" of 5,886 ft2, thus leaving a remaining balance of 4,077 ft2. Total Non-Residential Floor Area Approved under Resolution P11-07 uzldr Prts ed 1wt(vlii ialr Boat Barn 1 106,595 ft2{Not suect to the NROGO) __ __.t_._._ .. � Boat Barn 2 28,380 ft2(Not subject to the NROGO� Boat Barn 3 12,911 ft2(Not subject to the NROGO) Ship Store 1,242 ft Request for a M rior Devi<flan to Resolution No. P1 1-07 gave 3 of . r: ..- - [ 1i� c _ .. �. . r i -li ` i ._ '>>i• .. �;SU ___ r�l J:_ , '�I fti', r -, t� ,.�i�t Clubhouse 8,�4� ft TOTAL �_9,48ti ft- Total Non-Residential Floor Area Approved following Minor Deviation to PII-07 13 �ldttt 77''rea lion-,esid ntial, lc csr Atha Boat Barn 1 �106,595 W (Nat 4ubject to the NROGO) � Boat Barn 2 28,380 W (Not subject to the NROGO) Boat Barn 3 12,911 ft2(Not subject to the NROGO) Shp Store 3,051 ft2 Clubhouse 8") ft4 TOTAL 11 194 ft2 � Concerning the boat barn's floor area; the subject property consists of 456,369 ft2 of net buildable area. The total floor area of the three boat barns is 147,886 W, an amount that does not exceed 50 percent of the net buildable area. Therefore, the floor area of the boat barns is not considered non-residential floor area and not subject to the NROGO. B. Maximum Residential Density and Non-residential Land Use Intensity (§9.5-262 & 9.5- 269): Land Use Intensity Approved under Resolution P11-07 L�s1 AR°C of Otte'. Prapp� Ponti . ?ensi ' Allo e Lt Boat Barn (Light N/A* 570,461 ft2 228,185 ft2 147,886 ft= 0.0 %* Industrial) Commercial Retail 0 35 FAR 570,461 W 199,661 ft � 9,485 ft2 4.8 % Residential 12 C.)f 13.1 acres 126 units 3 units 2..4% (Market-Rate) ""buildable. 10.5 � acre** (buildable) Residential ; 18 DU/ 13.1 acres 189 units 3 un.its 1.6 (Affordable) ( buildable (10.5 acre** buildable) Residential 10 DUI/ 113.1 acres 131 vessels i 50 vessels 1 38.2% 1 (Live Aboards) ( __.._ .... _. .._..._ ._._ TOTAL 47.0 * The total floor area of the boat barns does not exceed 50 percent of the net buildable area. Therefore,the floor area is not considered non-residential floor area and not subject to FAR ** The site is deemed to have maximum net density for the permanent residential uses only Land Use Intensity Approved following Minor Deviation to P11-07 Lani tJse } ) l sift ;M� oadz��keti , 3ens llload ,., .. Boat Barn (Light NIA* 570,461 ft2 228,185 R2 147,886 ft= 0.0 %* 1 Industrial) 1� 4,' N _ ! o Commercial Retail 0 35,FAR 570.461 ]t 199 661 ft2 11,294 ft- 5.7 ;y Residential 12 1 C1 13 1 acres 126 units 3 traits 2.4 Request for a Minor Deviation to Resolution No. P11-07 Page 4 of 5 (Market-Rate) buildable 10.5 acre** buildable) _ _ _ Residential 18 DU/ 13.1 acres j 189 units 3 units 1.6% (Affordable) buildable (10.5 j acre** buildable) 6umI �{ Residential 10 DU/ 13 1 acres 131 vessels 50 vessels 38.2% (Live Aboards) acre TOTAL_� 47.9 The total floor area of the boat barn � �* �sdo es not exceed_- 50 percent of the� net buildable area. Therefore, the floor area is not considered non-residential floor area and not subject to FAR * The site is deemed to have maximum net density for the permanent residential uses only RECOMMENDATION: The proposed improvements applied for are consistent with the intent of a minor deviation and are hereby granted with the following conditions: 1. Any revisions to the work proposed under this minor deviation request or future improvements to the property are subject to further review as minor deviations to Resolution P 11-07 or as amendments to the major conditional use permit approval provided under Resolution P11-07. We trust that this information is of assistance. If you have any questions regarding the contents of this letter, or if we may further assist you with your project, please feel free to contact our Marathon office at(305)289-2500. Sincerely yours, Townsley Schwab, 4�1 5"�� Date Signed '_�/ Acting Director of Planning&Env* ottmental Resources ' Request for a Minor Deviation to Resolution No.P 11-07 Page 5 of 5 kV:'%G1,'0',k 11 AG1:;%4LN l`Gco L.owcj Swck Is,"enin,U1,1r Ake 60(s0 t'eni„ s1a1-Al C }.klonO Sub (PC1141SLIIU Marine)'20070913 6000 Peninsula A%e titu_k Isiand N-CM5 KVV i li'.PtlOUI'Ike% RE 00127470&00l27 th0:\linor Dtf% N 1-07,Joc KEY WEST HARBOR LLC C/O KOBY ASSOCIATES, INC, 8OO DUCK KEY DRIVE MARATHON, FL33058 305-743'3000 306-849-1142 July 25. 2UO7 Monroe County Planning Department ArefJou|ani. Director Planning 27Q8 Overseas Highway Marathon, FL 33050 OearAref: Re: Resolution P11-07 VVe are hereby requesting a minor deviation for the Conditional Use for Key West Harbor LLC as per the plans submitted to the Monroe County Building Department for the Ship's Store under permit O71'O1B87 and the three Affordable Housing units under permit numbers 071-81Q88. O71 03049. 071'03048, Please call meif you require any additional information. Sinuenw|y, Michelle Knby Agent for Key West Marina Investments c 2 ` 3 4 5 7 MONROE COUNTY, FLORIDA 8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 9 ORDINANCE NO. 011 - 2014 10 11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF 12 COUNTY COMMISSIONERS AMENDING MONROE COUNTY 13 CODE SECTION 101-1, DEFINITIONS, AMENDING SECTION 14 114-19, LIVE-ABOARDS, AMENDING SECTION 138-19, 15 RESIDENTIAL RATE OF GROWTH ORDINANCE (ROGO), 16 REVISING PROVISIONS ADDRESSING LIVE-ABOARD 17 VESSELS; PROVIDING FOR SEVERABILITY; PROVIDING FOR 18 REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR 19 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY 20 AND THE SECRETARY OF STATE; PROVIDING FOR 21 CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. 22 23 WHEREAS, an applicant, Longstock 11, LLC, proposed amendments to the text of §101-1, 24 §114-19 and §13 8-19 of the Monroe County Code; and 25 26 WHEREAS, this ordinance redefines the term live-aboard vessel in the Monroe County 27 Code as the current definition of live-aboard vessel in §101-1 of the Monroe County Code is not 28 entirely consistent with the current definition of live-aboard vessel in §327.02(17) of Florida 29 Statutes; and 30 31 WHEREAS, this ordinance removes the requirement that each live-aboard vessel slip shall 32 count as a dwelling unit for the purposes of calculating density limitations in the district in which 33 it is permitted; and 34 35 WHEREAS, this ordinance removes the requirement that each new live-aboard vessel slips 36 shall receive a Residential Rate of Growth Ordinance (ROGO) allocation prior to its 37 establishment; and 38 39 WHEREAS, this ordinance shall require all new live-aboard vessel slips to be located in 40 marinas that have adequate off-street parking, pump-out facilities and amenities for the 41 occupants of the live-aboard vessels; and 42 43 WHEREAS, the BOCC makes the following Conclusions of Law: 1) the ordinance is 44 consistent with the Principles for Guiding Development in the Florida Keys Area of Critical 45 State Concern; 2) the ordinance is consistent with the provisions and intent of the Monroe Page 1 of 4 I County Comprehensive Plan; and 3) the ordinance is consistent with the provisions and intent of 2 the Monroe County Code; and } 3 4 WHEREAS, the BOCC makes the following Conclusion of Law: the proposed text 5 amendments would be consistent with the provisions of§102-158(d)(5)(b) of the Monroe County 6 Code: 1. Changed projections (e.g., regarding public service needs) from those on which the text 7 or boundary was based; 2. Changed assumptions (e.g., regarding demographic trends); 3. Data 8 errors, including errors in mapping, vegetative types and natural features described in volume I 9 of the plan; 4. New issues; 5. Recognition of a need for additional detail or comprehensiveness; 10 or 6. Data updates. Specifically, the proposed text amendments are necessary due to 4. New 11 issues (to have a definition of live-aboard vessel consistent with Florida Statutes) and 5. A 12 recognition of a need for additional detail or comprehensiveness (to have the provisions related ' 13 to live-aboard vessels appropriately reflect their impact); and 14 15 WHEREAS, during a regularly scheduled meeting held on March 25, 2014, the Monroe 16 County Development Review Committee reviewed the ordinance and recommended approval to 17 the Board of County Commissioners with revisions; and 18 19 WHEREAS, during a regularly scheduled public hearing held on May 28, 2014, the Monroe 20 County Planning Cominission reviewed the ordinance and recommended approval to the Board 21 of County Commissioners with revisions; 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF 24 COUNTY COMMISSIONERS: 25 26 Section 1. Section 10 1-1 of the Monroe County Code shall be amended as follows: 27 28 Sec. 101-1. Definitions. 29 30 The following words, terms and phrases, when used in this Land Development Code, 31 shall have the meanings ascribed to them in this section, except where the context clearly 32 indicates a different meaning 33 34 Live-aboard vessel, as defined in F.S. section 327.02, means a) any vessel used solely as 35 a residence and not for navigation; b) any vessel represented as a place of business or a 36 professional or other commercial enterprise; or c) any vessel for which a declaration of 37 domicile has been filed pursuant to F.S. section 222.17. A commercial fishing boat is 38 expressly excluded from the term live-aboard vessel. 39 40 41 42 Section 2. Section 114-19 of the Monroe County Code shall be amended as follows: 43 44 Sec. 114-19. Live-aboard vessels. 45 r Page 2 of 4 I Live-aboard vessels shall be hooked up to an on-land sewage disposal system or shall be 2 provided with onshore sanitary facilities. New live-aboard vessel slips shall only be 3 permitted in marinas that have adequate off-street parking, pump-out facilities and 4 amenities for the occupants of the live-aboard vessels. 5 6 7 Section 3. Section 138-19 of the Monroe County Code shall be amended as follows: 8 9 See. 138-19. Residential rate of growth ordinance (ROGO). 10 11 (a) Definitions. The following words, terms and phrases, when used in this article, shall 12 have the meanings ascribed to them in this section, except where the context clearly 13 indicates a different meaning: 14 15 Residential dwelling unit means a dwelling unit as defined in section 101-1, and f 16 expressly includes the following other terms also specifically defined in section 101- 17 1: rooms, hotel or motel, campground spaces, mobile homes, transient residential 18 units;and institutional residential units (except hospital rooms). 19 20 21 22 Section 4. Severability. 23 24 If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be 25 adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, 26 impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be 27 confined to the section, paragraph, subdivision, clause, sentence, or provision immediately 28 involved in the controversy in which such judgment or decree shall be rendered. r 29 30 Section 5. Conflicting Provisions. 31 32 All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the 33 extent of said conflict. 34 35 Section 6. Transmittal. 36 37 This ordinance shall be transmitted to the Florida State Land Planning Agency as required by F.S. 38 380.05 (11) and F.S. 380.0552(9). 39 40 Section 7. Filing. 41 42 This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not 43 become effective pursuant to Section 9 until a final order is issued according to F.S. 380.05(6) by 44 the Florida State Land Planning Agency or Administration Commission approving the ordinance, 45 and if the final order is challenged, until the challenge to the order is resolved pursuant to F.S. 46 Chapter 120. Page 3 of 4 I Section 8. Inclusion in the Monroe County Code. 2 3 The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances 4 of the County of Monroe, Florida, as an addition to amendment thereto, and shall be 5 appropriately renumbered to conform to the uniform marking system of the Code. 6 7 Section 9. Development Rights 8 9 Nothing in this Ordinance shall operate to extinguish or to impair the development rights of any 10 residential dwelling unit that was determined to be exempt from the Residential Rate of Growth 11 Ordinance in a Letter of Development Rights Determination or a Vested Rights Order issued 12 prior to the effective date of this Ordinance. 13 14 Sectionl0. Effective Date. 15 16 This ordinance shall become effective as provided by law and stated above. 17 18 19 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida 20 at a regular meeting held on the 16th day of July, 2014. 21 22 Mayor Sylvia Murphy Yes 23 Mayor pro tem Danny L. Kolhage Yes 24 Commissioner Heather Carruthers Yes 25 Commissioner George Neugent Yes 26 Commissioner David Rice Yes 27 28 BOARD OF COUNTY COMMISSIONERS 29 OF MONROE COUNTY, ELORIDA 30 31 z BY: 3 Mayo6rSylvidzMurphy 3 a 34 HEAVILIN, CLERK 3536 .�. 37 Deputy Clerk MONROE CO NTY ATT Y APPROVED RM' °` 1 Date: Page 4 of 4 Aguila-Ilze From: Schemper-Emily Sent: Tuesday,August 25, 2020 9:43 AM To: Beth Rodriguez Cc: Aguila-Ilze; Cioffari-Cheryl Subject: RE: Error in Yacht Club's Application to Rezone - FILE 2020-037 Thank you Ms. Rodriguez. We will be sure to review the details. *************************************************************** Emily Schemper,AICP, CFM Senior Director of Planning& Environmental Resources Monroe County I Planning& Environmental Resources Department 2798 Overseas Highway, Suite 400, Marathon, FL 33050 305.453.8772 *************************************************************** From: Beth Rodriguez<ebethr1985@gmail.com> Sent: Monday,August 24, 2020 9:35 PM To: Schemper-Emily<Schemper-Emily@ Mon roeCounty-FL.Gov>; Cioffari-Cheryl <Cioffari-Cheryl@MonroeCounty- FL.Gov> Subject: Error in Yacht Club's Application to Rezone CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or open attachments you were not expecting. Dear Ms. Schemper and Ms. Cioffari, In Yacht Club's application to rezone, Bart Smith states that the property "currently has legally functioning detached vacation rentals." This is false, and I have a hard time believing this was a mistake and not done to deliberately deceive the county and the public. The property has three condos that are currently used as vacation rentals. See attached planning commission resolution Pll-07 that allows for"three attached market-rate dwelling units". See also a photo of VRBO advertisements for the three condos that was taken yesterday. wanted to bring this to your attention in advance of the DRC meeting and urge you to carefully fact check anything put forward by Bart Smith. Sincerely, Beth Rodriguez 1 Duct# 1645077 05/25/2007 4:21PM doe#1 1645077 Filed & Recorded in Official Records of BkN 2297 P9N 789 MONROE COUNTY DANNY L. KOLHAGE PLANNING COMMISSION RESOLUTION NO. Pll-07 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION APPROVING THE REQUEST BY KEY WEST MARINA INVESTMENTS LLC FOR AN AMENDMENT TO A MAJOR CONDITIONAL USE PERMIT TO REDEVELOP THE EXISTING MARINA BY CONSTRUCTING THREE (3) BOAT BARNS, PROVIDING SPACE FOR APPROXIMATELY 475 DRY BOAT STORAGE RACKS; 100 WET SLIPS; ONE (1) MULTI--USE BUILDING CONTAINING A COMBINATION OF NON-RESIDENTIAL FLOOR AREA AND THREE (3) AFFORDABLE HOUSING DWELLING UNITS; ONE (1) CLUB HOUSE; AND THREE (3) ATTACHED MARKET-RATE DWELLING UNITS, AT PROPERTY LEGALLY DESCRI13ED AS LOTS 5, 6 & 7, SQUARE 61, MALONEY SUBDIVISION, STOCK ISLAND,MONROE COUNTY, FLORIDA. WHEREAS, during a regularly scheduled public meeting held on March 7, 2007, the Monroe County Planning Commission conducted a review and consideration of a request filed by Trepanier & Associates Inc, on behalf of Key West Marina Investments LLC, for an amendment to a major conditional use pursuant to Sections 9.5-69 and 9.5- 248 of the Monroe County Code; and WHEREAS, during a regularly scheduled meeting held on December 5, 2006, the Monroe County Development Review Committee conducted a review and consideration of the request for an amendment to a major conditional use pursuant to Sections 9.5-69 and 9.5-248 of the Monroe County Code; and WHEREAS, the subject property is located at 6000 Peninsula Avenue, Stock Island, at approximate mile marker 5 and is legally described as lots 5, 6 and 7, Square 61, Stock Island, Monroe County, Florida, having Real Estate Numbers 00127470.000000; 00127480.000000 and 00127480.000100; and WHEREAS, the Monroe County Planning Commission was presented with the following information,which by reference is hereby incorporated as part of the record of said hearing: 1. Amendment to a major conditional use application received by the Monroe County Planning & Environmental Resources Department on October 2, 2006; and 2. Revised amendment to a major conditional use application received by the Monroe County Planning & Environmental Resources Department on January 10, 2007; and 3. Site Plan (C-1) by Consulting Engineering and Science (CES), dated Dec. 5, 2006; and Resolution P 11-07 Page 1 of 5 Doca 1645077 @kq 2297 Pg# 790 4. Paving-Grading-Drainage Plan (C-2) by Consulting Engineering & Science (CES), dated December 5, 2006; and 5. Building Floor Plans (A2.1A, A2.1B, A2.2, A2.3, A2.4A, A2.4B, A2.4C & A2.5) by Fisher and Associates, dated September 29, 2006; and 6. Building Floor Plans (A2.6A & A2.613) by Fisher and Associates, dated January 3, 2007; and 7. Building Elevations (A4.1A, A4.1B, A4.2, A4.3, A4.4A, A4.4B, A4.4C, A4.5A&A4.5B)by Fisher and Associates,dated September 29,2006; and 8. Building Elevations (A4.6A & A4.613) by Fisher and Associates, dated January 3, 2007; and 9. Landscape Plan and Plant List by Carl P. Gilley, not dated; and 10. Boundary Survey by Frederick H. Hildebrandt, dated January 1, 2007; and 11. Level HI Traffic Study by Transport Analysis Professionals, Inc, dated December 2006; and 12. Staff report prepared by Joseph Haberman, Monroe County Planner, dated February 16, 2007; and 13. Sworn testimony of Monroe County Growth Management Division Staff; and 14. Sworn testimony of the Applicant and the general public; and WHEREAS, the redevelopment proposal includes the construction of three (3) boat barns, which would provide space for up to 475 dry boat storage racks; one (1) multi-use building, which would contain a retail ship's store and three (3) affordable housing dwelling units; one (1) private club house; and three (3) attached market-rate dwelling units. No existing structures on the property will be retained; and WHEREAS, the subject property is located in a Mixed Use (MU) Land Use District and has a Future Land Use Map (FLUM) designation of Mixed Use / Commercial (MC); and WHEREAS, pursuant to Section 9.5-248 of the Monroe County Code, in the MU District, the redevelopment requires conditional use approval by the Monroe County Planning Commission; and WHEREAS, the Applicant has also applied for a variance to the off-street parking requirements for the redevelopment; and WHEREAS, the Monroe County Planning Commission makes the following Findings of Fact and Conclusions of Law: 1. Pursuant to Section 9.5-62 of the Monroe County Code, the Monroe County Planning Commission is authorized to approve applications for conditional use permits in accordance with the standards provided in Section 9.5-65; and 2. Section 9.5-65 of the Monroe County Code provides the standards which are applicable to all conditional uses. When considering applications for a Resolution P11-07 Page 2 of 5 Doti! 1645077 Bkq 2297 P90 791 1 conditional use permit, the Monroe County Planning Commission shall consider the extent to which: (a) The conditional use is consistent with the purposes, goals, objectives and standards of the Monroe County Year 2010 Comprehensive Plan and Monroe County Code; and (b) The conditional use is consistent with the community character of the immediate vicinity of the parcel proposed for development; and (c) The design of the proposed development minimizes adverse effects, including visual impacts, or the proposed use on adjacent properties; and (d) The proposed use will have an adverse effect on the value of surrounding properties; and (e) The adequacy of public facilities and services, including but not limited to roadways, park facilities, police and fire protection, hospital and Medicare services, disaster preparedness program, drainage systems, refuse disposal, water and sewers, judged according to standards from and specifically modified by the public facilities capital improvements adopted in the annual report required by the Monroe County Code; and (f) The Applicant for conditional use approval has the financial and technical capacity to complete the development as proposed and has made adequate legal provision to guarantee the provision and development of any open space and other improvements associated with the proposed development; and (g) The development will adversely affect a known archaeological, historical or cultural resource; and (h) Public access to public beaches and other waterfront areas is preserved as a part of the proposed development; and (i) The proposed use complies with all additional standards unposed on it by the particular provision of this chapter authorizing such use and by all other applicable requirements of the Monroe County Code; and 3. Staff found that the Applicant has demonstrated that all of the required standards shall be met and recommended approval of the amendment to a major conditional use application with conditions; and 4. The Monroe County Development Review Committee found that the Applicant has demonstrated that all of the required standards shall be met and recommended approval of the amendment to a major conditional use application with conditions, recorded in Development Order No. 03-07; and 5. The Monroe County Planning Commission found that the Applicant has demonstrated that all of the required standards have been met; and Resolution P 11-07 Page') of 5 Boca 1645077 Bkt# 2297 P9# 792 NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of Law support its decision to APPROVE the request by Key West Marina Investments LLC for an amendment to a major conditional use permit to redevelop the existing marina by constructing three (3) boat barns, providing space for approximately 475 dry boat storage racks; 100 wet slips; one (1) multi-use building containing a combination of non-residential floor area and three (3) affordable housing dwelling units; one (1) club house; and three (3) attached market-rate dwelling units, at property legally described as lots 5, 6 & 7, Square 61, Maloney Subdivision, Stock Island,Monroe County, Florida, subject to the following conditions: 1. Prior to issuance of a Building Permit, the Applicant must submit revised landscaping plan that is consistent with the site plan to the Planning & Environmental Resources Department. 2. Prior to the issuance of a Building Permit, the Applicant must submit revised building elevations to the Planning & Environmental Resources Department that are consistent with the site plan and indicate that all proposed structures will be in compliance with Section 9.5-283 of the Monroe County Code. 3. Prior to the issuance of a Building Permit, the Applicant must submit a revised site plan or floor plans that show which areas within the boat barns and provide the total amount of floor area that will be designated for activities other than storage, such as boat repair. 4. The boat barns may only be used for the storage of boats and associated equipments. Retail sales will only be allowed if a Non-Residential Rate of Growth Ordinance (NROGO) allocation is received and the floor area ratio and the density requirements of the Monroe County Code permit the addition of commercial retail floor area. 5. The two required affordable housing units must be built either before or simultaneously with the three proposed market-rate units, in accordance with the provisions of Section 9.5-266(b) of the Monroe County Code. 6. Prior to the issuance of a Certificate of Occupancy, the Applicant shall collaborate with Monroe County to develop a public waterfront access point as proposed in the conditional use application. 7. Prior to the issuance of a Building Permit for its completion, the sixth dwelling unit must be acquired through the Residential Rate of Growth Ordinance (ROGO) allocation system. 8. Prior to the issuance of a Building Permit, the site plans shall be determined to be in compliance by the Building Department, the County Engineer, the Florida Department of Health and the Fire Marshal. Resolution P 11-07 Page 4 of 5 Doc## 1645077 Bk## 2297 Pg## 793 PASSED AND ADOPTED BY THE PLANNING COMMISION of Monroe County, Florida, at a regular meeting held on the 7th day of March, 2007. Chair Cameron YES Vice-Chair Wall YES Commissioner Cates Deal YES Commissioner Windle YES Commissioner Popham YES PLANNING COMMISSION OF MONROE COUNTY, FLORIDA BY es Cameron, Chair Signed this day of , 2007. 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