Resolution 077-2022Doc # 2371994 Bk# 3169 Pg# 522
Recorded 4/21/2022 3:27 PX1 Page 1 of 58
Filed and Recorded in Official Records of
MONROE COUNTY KEWN MADOK, CPA
MONROE COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
RESOLUTION NO. 077 - 2022
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING AN AMENDMENT
TO A DEVELOPMENT 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 FORMERLY
ALLOWED UNDER THE MONROE COUNTY LAND
DEVELOPMENT CODE AT THE TIME THE DEVELOPMENT
AGREEMENT WAS ENTERED INTO (2011). THE HEIGHT OF
THE STRUCTURES IS NOT 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, CURRENTLY HAVING PROPERTY
IDENTIFICATION NUMBER 00124140-000000.
WHEREAS, during a regularly scheduled public meeting held on February 16, 2022, the
Monroe County Board of County Commissioners (`BOCC") held a duly noticed public hearing to
review and consider a request by Bart Smith, as the agent for Banyan Grove Residences, LTD.
("developer"), for BOCC approval of an amendment to the subject Development Agreement, in
accordance with Chapter 110, Article V, Sections 110-132 and 110-133, Monroe County Land
Development Code (2021) and the Florida Statutes (2021), including the Florida Statutes Sections
163.3220 et. seq., also known as the "Florida Local Government Development Agreement Act";
and
WHEREAS, the subject property is located at 5455 Macdonald Ave, Stock Island,
approximate mile marker 4.9 (Atlantic Ocean side of U.S. Highway 1), and is legally 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 official records of Monroe
County, Florida, currently having property identification number 00124140-000000; and
File No. 2021-027 Page 1 of 4
WHEREAS, the Amendment to Development Agreement is a request for an extension of
time to the development agreement of ten (10) additional years and to the allow for the transfer of
the market rate ROGO Exemptions at a one for two basis to properties other than Improved
Subdivision ("IS") lots, meaning that 50% could be transferred to sites other than single family
lots in non -Improved Subdivision (non -IS) land use (zoning) districts. The Monroe County Land
Development Code language which the above -referenced developer has requested to be added to
this Development Agreement formerly existed at the time the instant Development Agreement was
originally entered into - the instant Development Agreement was originally approved by the BOCC
on January 19, 2011, and became legally effective on March 16, 2011; and
WHEREAS, during a regularly scheduled public meeting held on April 27, 2021 the
Monroe County Development Review Committee ("DRC") conducted a review and consideration
of this request to amend the subject Development Agreement as outlined herein, and recommended
approval of the requested ten (10) year time extension, but did not recommend approval of the
developer's request to allow for the transfer of the market rate ROGO Exemptions at a one. -for -
two (1-for-2) basis to properties other than Improved Subdivision (IS) lots, meaning that 50%
could be transferred to sites other than single family lots in non -Improved Subdivision (non -IS)
land use ("zoning") districts; and
WHEREAS, during a regularly scheduled public meeting held on November 16, 2021, the
Monroe County Planning Commission conducted a public hearing to review and consider a request
filed by Bart Smith, as the agent for Banyan Grove Residences, LTD., for the instant amendment
to the subject Development Agreement in accordance with the local and state law(s) referenced
above; and
WHEREAS, based upon the information and documentation submitted, the Planning
Commission makes the following findings of fact:
The subject property is located within the Mixed Use (MU) Land Use (Zoning)
District. 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 amendment to the development agreement was
reviewed by the Development Review Committee; and
The Monroe County Planning Commission held a public hearing at its meeting on
November 16, 2021, which was the first of two required public hearings, and
recommended approval of the development agreement with a condition; and
File No. 2021-027 Page 2 of 4
4. Florida Statutes § 163.3220 authorizes Monroe County to enter' into development
agreements with landowners and/or governmental agencies to encourage a stronger
commitment to comprehensive and capital facilities planning, ensure the provision of
adequate public facilities for development, encourage the efficient use of resources,
and reduce the economic cost of development; and
WHEREAS, based upon the information and documentation submitted, the Board of
County Commissioners makes the following legal conclusions and determinations:
1. The request is consistent with the provisions and intent of the Monroe County Land
Development Code; and
2. The request is consistent with the provisions and intent of the Monroe County Year
2030 Comprehensive Plan; and
3. The request is consistent with the Principles for Guiding Development in the Florida
Keys Area of Critical State Concern; and
4. The Agreement, among other things, is intended to and shall constitute a development
agreement among the Parties pursuant to the Florida Local Government Development
Agreement Act, Section 163.3223, et seq., Florida Statutes;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA that the preceding Findings of Fact
and Conclusions of Law support its decision to APPROVE the proposed development agreement
with the following determinations and conditions:
1. Recitals and Legislative Intent. The foregoing title of this Resolution, its recitals,
statements of legislative intent, findings of fact, and conclusions of law, are true and
correct and are hereby incorporated as if fully set forth herein.
2. That clarification be added to the development agreement Amendment regarding the
disposition of the remaining 24 market -rate ROGO exemptions not transferred under
one -for -two ("I for 2") option.
Construction and Interpretation. This Resolution and the development agreement
amendment 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 purpose(s) hereof. Interpretation of this Resolution and the development
agreement amendment 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.
File No. 2021-027 Page 3 of 4
4. Inconsistency, Partial Invalidity, Severability. and Survival of Provisions. If any
provision of this Resolution or development agreement amendment 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,
at a regular meeting of the Board held on the 16th day of February , 2022.
VIN MADOK, CLERK
Mayor David Rice
Yec
Mayor Pro Tem Craig Cates
Yes
Commissioner Michelle Coldiron
Yes
Commissioner Vacant, District III
Vacant
Commissioner Holly Merrill Raschein
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY: / pm�
MAYOR DAVII5 RICE /z Z
MONROE COUNTY ATTORNEY
AP VED S TO,FQRM
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Dates— a 11?
File No. 2021-027
Page 4 of 4
FIRST AMENDED DEVELOPMENT AGREEMENT
THIS FIRST AMENDED DEVELOPMENT AGREEMENT ("First Amended
Development Agreement") is entered into on the .16th day of February 2022, by
and between MONROE COUNTY, a political subdivision of the State of Florida
("Monroe County"), and Banyan Grove Residences, LTD, a subsidiary of Spottswood Partners,
Inc. ("Spottswood").
WITNESSETH:
The Parties hereto (the "Parties") hereby agree as follows:
I. RECITALS
A. Banyan Grove Development Corporation, a subsidiary of Spottswood Partners, Inc. owns
a parcel of land known as 'Banyan Grove" located on Stock Island, adjacent to
Key West, Monroe County, Florida, at mile marker 5 of US Highway 1 fronting on
MacDonald Avenue and US Highway 1, with access to and from the site from MacDonald
Avenue (the "Property"), the legal description of which is attached to the Development
Agreement recorded January 27, 2011 in Monroe County Official Records Book 2502
Page 45,ft ("Development Agreement") as Exhibit A.
(a6*+ n(I I - "117
B. Spottswood has the authority to enter into this First Amended Development Agreement
through Florida Statutes Chapter 163 and the sole and undivided ownership of the Property.
C. The Monroe County Year 2010 Comprehensive Plan (the "Comprehensive Plan")
designates all the parcels of the Property as "Mixed Use/Commercial" on its Future Land
Use Map. The County Land Use District map designation for the Property is" Mixed Use"
(MU).
D. Historically, the Property was used as a Mobile Home Park with 51 Residential Rate
of Growth Ordinance (ROGO) exemptions for permanent dwelling units recognized
by Monroe County in its Development Order 02-1989, and later reaffirmed in
Planning Commission Resolution PO4-03, attached to the Development Agreement as
Exhibit B, and Planning Commission Resolution P32-05, attached to the Development
Agreement as Exhibit C. Resolution PO4-03 also recognized 14,219 square feet of
Non -Residential Rate of Growth Ordinance (NROGO) exempt non-residential floor area
as vested to the site.
E. On January 27, 2011, the BOCC approved the Development Agreement between Banyan
Grove Development Corporation and Monroe County through Resolution 032-2011.
The overall purpose of the First Amended Agreement is to implement the provisions of
Monroe County Code Section 130-161.1 as applied to the Property to supply needed
affordable housing in the unincorporated Lower Keys and to allow for a reasonable use of
the Property by allowing the transfer of up to forty-eight (48) market rate permanent
residential ROGO exemptions to single family lots or up to twenty-four (24) market rate
permanent residential ROGO exemptions to a commercial or recreational working
waterfront or multi -family projects in non -IS districts in the Lower Florida Keys by use of
a minor conditional use application. The conceptual site plan for Banyan Grove is attached
to the Development Agreement as Exhibit D.
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F. Section 130-161.1 of the Monroe County Land Development Regulations ("Land
Development Regulations") encourages the redevelopment of mobile home sites and
contiguous property under common ownership to encourage the establishment/
preservation of affordable housing in exchange for the ability to transfer an equal or lesser
number of market rate permanent residential unit ROGO exemptions off site to eligible
receiver sites.
G. Section 163.3220, Florida 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.
H. 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 Statutes (the "Act").
I. Both Monroe County and Spottswood 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 for
consideration of a development agreement.
J. Monroe County finds that entering into this First Amended Development Agreement
furthers the purposes, goals, objectives, and policies of the Comprehensive Plan which
contains objectives and policies that seek to encourage the provision of affordable housing
through incentive programs and changes to the Land Development Regulations and the
residential dwelling permit allocation system. (Objective 601.2, Policy 601.1.1.2 and
Objective 601.6).
II. PURPOSE
The overall purpose of this First Amended Development Agreement is to allow the County
and Spottswood to implement the provisions of Monroe County Code Section 130-161.1 as
applied to the Property in order to supply needed affordable housing in the unincorporated Lower
Keys and to allow for a reasonable use of the Property by allowing the transfer of market rate
permanent residential ROGO exemptions lawfully associated with the Property to eligible receiver
sites in the unincorporated Lower Keys.
III. AGREEMENT REQUIREMENTS
The Parties recognize the binding effect of Sections 163.3220-163.3243, Florida Statutes,
as to the form and content of this First Amended Development Agreement and in accordance
therewith set forth and agree to the following:
A. Legal Description and Ownership. The legal description for the Property subject
to this First Amended Development Agreement is set forth in Exhibit A attached
to the Development Agreement.
B. Duration of Agreement. This First Amended Development Agreement shall
remain in effect for ten (10) years from the "Effective Date" as defined herein, and
may be extended by mutual consent of the Parties and approval at a public hearing,
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Banyan Grove First Amended Development Agreement 01/2022 Page 2 of 14
in accordance with Florida Statutes Section 163.3229 (2007). 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.
C. Permitted Uses.
1. In accordance with this First Amended Development Agreement and with
the Mixed Use (MU) Land Use district, the permitted uses for Property
include: forty eight (48) two and three -bedroom affordable housing units,
accessory recreational uses, a minimum of 72 parking spaces, and an 800
square foot project management office which will be a portion of the one
unit rented to the manager of the project.
2. The unit density of the Property is 20 units per gross acre. While this
density is representative of the existing residential entitlements recognized
as per Monroe County Development Order 02-1989 and is in excess of the
18 units per buildable acre maximum allowed by the current Land
Development Regulations, the density of lawful dwelling units is not
considered nonconforming in accordance with Section 130-163 of the
Monroe County Code. Specifically, this section states "Notwithstanding
the provisions of sections 130-157, 130-158, and 130-162, the owners of
land upon which a lawfully established dwelling unit, mobile home, or
transient residential unit exists shall be entitled to one dwelling unit for each
type of dwelling unit, in existence before January 4, 1996. Such legally -
established dwelling unit shall not be considered as a nonconforming use".
D. Public Facilities. There are no impacts on public facilities, since the number of
lawfully approved units is derived from pre-existing mobile homes and commercial
floor area is not increased by approval and application of this Agreement. The
number of units and the commercial floor area were recognized in the planning for
the sewage treatment plant serving this area of Stock Island and the units and floor
area were accounted for as existing in the data base prepared for the Monroe County
2010 Comprehensive Plan.
1. The Florida Keys Aqueduct Authority provides domestic potable water to
the Property. The Florida Keys Aqueduct Authority will individually meter
each unit.
2. Electric service is provided by Keys Energy Services to the Property, and
each unit will be individually metered.
3. Solid waste service is provided to the Property by a solid waste collection
system franchised by Monroe County.
4. The Property will connect to central sewer via the Key West Resort Utilities
system available to Stock Island properties.
E. Reservation or Dedication of Land. There is no reservation or dedication of land
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for public purpose contemplated by this Agreement.
F. Development Allowed. The following specific criteria are those which will guide
the development of the Property and are the standards by which any further
approvals shall be measured and shall be as follows:
1. To allow Spottswood to design and construct 48 two and three -bedroom
affordable housing units, associated accessory uses and an office to serve
only the residents on the Property subject to and only after obtaining
approval from Monroe County of a major deviation to the existing
unexpired major conditional use approval stipulated in Monroe County
Planning Commission Resolution P32-05, as extended by Resolution P24-
08 and Florida S.B. 360 and H.B. 1752 applications. The design shall be
of a height as defined in the Monroe County Code of no greater than 35
feet.
2. To allow Spottswood to transfer 48 market rate permanent residential
ROGO exemptions to one or more individual single-family lots in the
unincorporated Lower Keys. Alternatively, to allow Spottswood to transfer
market rate permanent residential ROGO exemptions to commercial or
recreational working waterfront or multi -family projects in non -IS districts
on a 1 for 2 basis. The 48-market rate permanent residential ROGO
exemptions may be transferred to commercial or recreational working
waterfront or multi -family projects in non -IS districts, as long as at least
twice as many deed -restricted affordable dwelling units remain at the
sender site, which allows up to 24 market rate permanent residential ROGO
exemptions. A minor conditional use permit shall be required for each
receiver site. If a receiver site receives multiple ROGO exemptions, only a
single minor conditional use permit shall be required. The Growth
Management Division of Monroe County shall track the transfer of all
ROGO exemptions by the assignment of unique tracking numbers, which
shall be assigned as each receiver site is identified and approved. The
remainder 24 market rate permanent residential ROGO exemptions shall be
given to Monroe County at the time of transfer for the use as administrative
relief ROGO allocations at the County's discretion.
3. To allow Spottswood to transfer to one or more appropriately zoned
locations in the Lower Keys all or portions of the 14,219 square feet of
NROGO exemptions recognized by Monroe County Planning Commission
Development Order 02-1989, later re -affirmed in Planning Commission
Resolutions PO4-03 and P32-05, subject to current regulations pertaining to
off -site transfer of non-residential floor area and eligible receiver sites and
at a minimum each transfer shall be documented with a minor conditional
use permit for each receiver site.
4. To give without further process to Monroe County the three remaining of
the 51 market rate residential ROGO exemptions on the Property
recognized by Monroe County Resolutions PO4-03 and P32-05, at the time
of issuance of the certificates of occupancy for all of the affordable units on
the Property for use in administrative relief or beneficial use
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determinations.
5. To allow Spottswood to obtain 48 affordable ROGO allocations from
Monroe County from existing and/or future allocations of affordable
ROGO allocations in order to build the 48 units in one phase -with
construction complete not later than the end of 2014.
6. To allow Spottswood to allocate all of the 48 units to be constructed to allow
rental use only of the units for the very low and low income categories
identified in Section 130-161.1(2)(c)(i)(4) with a qualifying income not to
exceed 60% of the Monroe County median income rather than allocating
any units to the median and moderate income categories as may be allowed
by the Monroe County Board of County Commissioners as per the
subsection listed above.
7. Eligible Building Permit fees charged at the time of permitting shall be
waived for the construction of the affordable housing.
8. To allow Spottswood to obtain from Monroe County a waiver of impact
fees for the 48 affordable housing units as allowed by Section 130-160.1(5)
a in recognition that the 51 residential dwelling unit ROGO exemptions
derived from pre-existing units long in place before the Monroe County
impact fees ordinance became effective in 1986.
G. Development and Affordable Housing Standards. The development standards shall
be determined by the application of the standards contained in the Monroe County
Land Development Regulations as determined by the approval of a deviation to the
existing major conditional use for the Property and by the granting of the minor
conditional use permits for the transfer of ROGO allocations and exemptions to
and from the Property as required by Monroe County Code section 130-161.1.
Further, the following specific standards shall apply to the development of the
affordable housing units on the Property and to the units enabled by the transfer of
the market rate ROGO exemptions, however the County and Spottswood recognize
that no housing for sale shall be provided on the Property; all affordable units shall
be for rental only. Rentals shall be only to those persons at the low and very low
income levels making not more than 60% of the median income for Monroe
County.
1. No market rate ROGO exemptions for transfer offsite shall be awarded until
an affordable housing ROGO allocation is awarded to the sender site and
certificates of occupancy are received for the corresponding number of deed
restricted affordable units constructed on the Property.
2. If Spottswood has not transferred the entire market rate ROGO exemptions
offsite by the termination or expiration of this Agreement, all such
remaining un-transferred market rate ROGO exemptions shall become the
property of Monroe County to be utilized for the purpose of administrative
relief.
3. Monroe County impact fees for dwelling units built with the ROGO
exemptions transferred from the property shall not be waived.
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4. Tourist housing use or vacation rental use of the affordable housing units
established on the Property shall not be allowed.
5. All of the redeveloped housing units transferred to a receiver site shall:
a. Remain in the same planning sub -district as the original sender site(s).
b. Be located in a Tier III designated area.
c. Not propose clearing of any portion of an upland native habitat patch of
one acre or greater in size.
d. Not be located in a velocity (V) zone.
6. All units maintained at the sender site under this First Amended
Development Agreement and the Monroe County Affordable housing
incentive program shall comply with the following affordability criteria:
a. Rental Affordable Housing Units. Rents of sender site units, not
including utilities, and income limits for resulting deed restricted
affordable dwelling units shall follow:
i. Very Low Income. Represents 28% of the median income; or
ii. Low Income. Represents 60% of the median income; or
iii. Definitions follow:
(a) Median income, rental rates, and qualifying income tables
means eligibility requirements compiled each year by the
planning department based upon the median annual household
income published for the county on an annual basis by the U.S.
Department of Housing and Urban Development and similar
information for median and moderate income levels from the
Florida Housing Finance Corporation. Affordable housing
eligibility requirements for each household will be based upon
median annual household income adjusted by family size, as set
forth by the U.S. Department of Housing and Urban
Development and the Florida Housing Finance Corporation.
The county shall rely upon this information to determine
maximum rental rates and maximum household incomes
eligible for affordable housing rental or purchase.
(b) Monthly median household income means the median annual
household income for the county divided by 12.
iv. The monthly rental amounts shall be in compliance with the Low
Income Housing Tax Credit (LIHTC) maximum rental rates.
7. At the time of a new rental for an affordable unit, the total income of
households eligible to rent shall not exceed the same income limits of the
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category in which they were originally awarded.
8. All units designated by this First Amended Development Agreement as
deed restricted affordable housing shall comply with hurricane standards
established by the Florida Building Code and habitability standards
established under the Florida Landlord and Tenant Act. Compliance with
this provision shall be accomplished prior to the issuance of a building
permit for the transferred market rate ROGO exemption and after the deed
restricted affordable housing unit is fully restricted and in compliance with
this prov1sIon.
I'-3
9. Not more than 50% of the existing affordable housing allocations currently
available in the County shall be used for affordable housing allocations at
the Property, unless approved by the Board of County Commissioners
(BOCC). For the County to monitor receipt of the affordable housing
ROGO allocations, Spottswood and the County agree that the BOCC may
approve the allocation reservation by resolution concurrent with this First
Amended Development Agreement.
The resolution and any other resolutions concerning ROGO reservations
shall be the controlling documents concerning the allocation reservations
and supersede any provisions of this Agreement. It is intended that the
initial Resolution be consistent with Section 138-24 of the Monroe County
Code as follows:
a. Reservation criteria of affordable housing allocations.
i. The BOCC reserves 48 affordable ROGO allocations for award to
Spottswood for the use on the Property until February 1, 2012.
ii. Building permits for the affordable units shall be obtained by
February 1, 2012.
iii. The Board of County Commissioners may, at its discretion, place
conditions on any reservation, as it deems appropriate.
These reservations may be authorized by the Board of County
Commissioners for affordable units participating in the
Florida State Housing Financing Agency tax credit program or
using other public financing vehicles.
b. Reh uishment of affordable housing ROGO allocations.
/p. If Spottswood does not comply with reservation and construction
deadline criteria within this First Amended Development Agreement or
in the ROGO allocation reservation resolution(s), it shall forfeit the
affordable housing ROGO allocation awards and the affordable ROGO
allocation awards shall be cycled back through the ROGO system for
award to an alternate recipient.
Nothing herein shall prohibit Spottswood from applying for an
Wes' extension to the ROGO allocation Reservation, but the County is not
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obligated under any circumstances to give such extension.
H. 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.
I. Affordable Housing Deed Restriction and Length. This First Amended
Development Agreement is and hereby constitutes a deed restriction on the
Property for a period of not less than ninety-nine (99) years for affordable housing
units for the income limits as prescribed above. At the County's request,
Spottswood shall file an additional deed restriction in the format and as approved
by the Planning Director and County Attorney.
I Breach, Amendment, Enforcement, and Termination.
1. Material Breach. A material breach by Spottswood occurs if all 48 units of
affordable housing are not built and in receipt of a certificate of occupancy.
A material breach by Monroe County occurs upon Monroe County's failure
to comply with the terms of this First Amended Development Agreement
after Notice as provided in following Subsection III.J.2.
2. Notice. Upon either Party's material breach of the terms and conditions of
this Agreement, the other party 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. Both
Parties shall be provided an additional 90 days to cure the material breach
or to negotiate an amendment to this First Amended Development
Agreement within a reasonable time, as mutually agreed to by the Parties.
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 First Amended Development Agreement
shall be made in accordance with the notification and procedural
requirements set forth herein.
a. Amendments to this First Amended Development Agreement shall
subject Spottswood 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
written document approved and executed by Monroe County and
Spottswood.
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.
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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.
b. Monroe County, Spottswood, 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 First
Amended Development 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
remedies that either party has, or may have in the future, to enforce the
terms of this Agreement.
K. State and Federal Law. If State or Federal laws enacted after the effective date
of this First Amended Development Agreement preclude either Party's compliance
with the terms of this Agreement, this First Amended Development Agreement
shall be modified as is necessary to comply with the relevant State or Federal laws.
L. Compliance with Other Laws. The failure of this First Amended Development
Agreement to address a particular permit, condition, term, or restriction shall not
relieve Spotswood of the necessity of complying with the laws governing said
permitting requirements, conditions, terms or restrictions.
M. Reservation of Rights. This First Amended Development Agreement shall not
affect any rights, which may have accrued to any party to this First Amended
Development Agreement under applicable law. Both Monroe County and
Spottswood reserve any and all such rights. All approvals referenced in this First
Amended Development 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.
N. No Permit. This First Amended Development Agreement is not and shall not be
construed as a Development Permit, Development Approval or authorization to
commence development, nor shall it relieve Spottswood of the obligations to obtain
necessary Development Approvals that are required under applicable law and
under and pursuant to the terms of this First Amended Development Agreement
and Monroe County Code.
O. Good Faith; Further Assurances; No Cost. The Parties to this First Amended
Development 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 to satisfy their obligations under, this
First Amended Development 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,
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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 First
Amended Development 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.
P. Successors and Assigns. This First Amended Development 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.
Q. Joint Preparation. This First Amended Development Agreement has been drafted
with the participation of Monroe County and Spottswood and their counsel, and
shall not be construed against any party on account of draftsmanship. The captions
of each article, section and subsection contained in this First Amended
Development Agreement are for ease of reference only and shall not 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.
R. Notices. All notices, demands, requests, or replies provided for or permitted by
this First Amended Development 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:
The address of Monroe County shall be:
County Administrator
1100 Simonton Street
Room 2-205
Key West, Florida 33040
with a copy to
Assistant County Attorney _
PO BOX 1026
Key West, FL 33041
and
1111 12th Street
Suite 408
Key West, Florida 33040
The address of Banyan Grove Development Corporation, a subsidiary of
Spottswood Partners, Inc. shall be:
00226773 - v2
Banyan Grove First Amended Development Agreement 01/2022 Page 10 of 14
Robert Spottswood
506 Fleming Street
Key West, Florida 33040
It is the responsibility of the Parties to notify all Parties of change in name or
address for proper notice.
S. Force Majeure. Any prevention, delay or stoppage due to strikes, lockouts, labor
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
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
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.
T. Construction.
1. This First Amended Development Agreement shall be construed in
accordance and with the laws of the State of Florida. The Parties to this
First Amended Development Agreement have participated fully in the
negotiation and preparation hereof; and, accordingly, this First Amended
Development 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.
All of the exhibits referenced to this First Amended Agreement are incorporated in, and
made a part of, this First Amended Agreement.
U. Omissions. The Parties hereto recognize and agree that the failure of this First
Amended Development Agreement to address a particular permit, condition, terins,
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.
V. 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 First Amended Development Agreement shall be construed and
interpreted under the laws of the State of Florida. This First Amended
Development Agreement is not subject to arbitration.
W. Litigation. The County and Spottswood agree that in the event any cause of action
or administrative proceeding is initiated or defended by any party relative to the
00226773 - v2
Banyan Grove First Amended Development Agreement 01/2022 Page 11 of 14
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 parry, 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 First
Amended Development 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 First Amended Development Agreement is not subject to
arbitration.
X. Time of Essence. Time shall be of the essence for each and every provision hereof.
Y. Entire Agreement. This First Amended Development 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, representations or warranties other than as set forth herein. This First
Amended Development 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.
Z. Counterparts. This First Amended Development 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 constitute one and the same agreement.
AA. Recording. Monroe County shall record this First Amended Development
Agreement with the Clerk of the Circuit Court of Monroe County within fourteen
(14) days following signature by all Parties. Spottswood agrees that it shall be
responsible for all recording fees and other related fees and costs related to the
recording and delivery of this First Amended Development 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 confirming such
extension that shall be recorded in the Public Records of Monroe County.
BB. Conflicting Resolutions. All resolutions or parts thereof in conflict with the
provisions of this First Amended Development Agreement and its resolution are
hereby repealed to the extent of such conflict.
CC. Severability. If any part of this First Amended Development 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
00226773 - Q
Banyan Grove First Amended Development Agreement 01/2022 Page 12 of 14
so contrary, prohibited, or invalid; however, the remainder here shall not be
invalidated thereby and shall be given full force and effect.
DD. Effective Date. The "Effective Date" of this First Amended Development
Agreement is 30 days after the duly signed and recorded First Amended
Development Agreement is received by the Florida Department of Community
Affairs pursuant to Chapter 380, Florida Statutes.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
00226773 - v2
Banyan Grove First Amended Development Agreement O1/2022 Page 13 of 14
IN WITNESS WHEREOF, the Parties hereto have set their hands and seals on the day and
year below written.
Sign, sealed, and delivered in the
presence of.
Print Name: no �1 r;mu - Co n1 c.
66%.4'r j ...-.
Print Name: DAMT. C4Si =
Banyan Grove evelopment Corporation, a
subsidiary of ott oo Par ners, Inc.
AWL e-
BY:
Robert A. Spottswood, Vice President
Dated: 3,1y6qL
��}. The foregoing instrument was acknowledged before me this /�/'�ay of ,
202t1, by.Robert A. Spottswood, the Vice President of Banyan Grove Development Corporation.
He is :personally known to me, OR ❑ produced as identification,
and did not take an oath.
(SEAL)
Notary Public
OIOFF T. CASTREO
DIANE T. CAS11LLO
:•` Commission # HH 199219
Expires December 3, 2025 Printed Name
My Commission expires:
KEVIN,MADOK, CLERK
DEPUTilCLEAK
BOARD OF COUNTY COMMISSIONERS
OF MONROEC:COUNTY, FLORIDA
MAYOR DAVID tRiCE 41 y., /yy
MONROEffm
NARO
EY
O
GRRRQ B.SHILLiE, J.
00226773 - v2
Banyan Grove First Amended Development Agreement 01/2022 Page 14 of 14
Exhibit A TO First Amendment
to the Development Agreement
Doe" 1821966 01/27/2011 1:24pM
F31sd i R600rded 1n Offl.1.1 R.eo,d. of MONROE COUNTY DRNNY L. KOLNwE
RESOLUTION NO. 032 -2011
A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVING A DEVELOPMENT AGREEMENT
BETWEEN BANYAN GROVE DEVELOPMENT CORPOR (SPOTTSWOOD PARTNERS, INC.) AND MONROE ATION COUNTY TO ALLOW
THE PROPERTY OWNER TO TRANSFER MARKET -RATE RATE OF
GROWTH ORDINANCE (ROGO) EXEMPTIONS ASSOCIATED WITH 51
PREVIOUSLY EXISTING, LAWFULLY ESTABLISHED DWELLING UNITS
TO ANOTHER RECEIVER SITE OR SITES (3 TO MONROE COUNTY) IN
EXCHANGE FOR MAINTAINING FORTY-EIGHT(48) AFFORDABLE
DWELLING UNITS ON THE SUBJECT PROPERTY, AKA SENDER SITE,
WHICH IS DESCRIBED AS SQUARE 29 AND BLOCK 26, LOTS 5-16, PART
LOT 4, PART LOT 17, MALONEY SUBDIVISION (PB1-55), ALSO KNOWN
AS PARCELS A AND B; A VACATED PORTION OF EAST LAUREL
AVENUE; AND A VACATED PORTION OF FOURTH STREET, STOCK
ISLAND, MONROE COUNTY, FLORIDA LOCATED AT APPROXIMATELY
MM 4.7 US HIGHWAY 1, AND HAVING REAL ESTATE
00124140.000000. NO.
WHEREAS, Spottswood Partners, Inc., trough a subsidiary Development Corporation, and its agent Donald L. Craig, AICP has appllined for Banyan development
agreement with Monroe County pursuant to F.S. 163.3220 Florida Statutes and in accordance
with § 110-132 and § 110-133 of the Monroe County Code; and
WHEREAS, the subject property is located along the Overseas Highway (US 1)
approximate mile marker ,4.7, and MacDonald Avenue, Stock Island, and is
the development agreement and survey attached to further described in
00124140.000000; and the agreement, having Real Estate No.
WHEREAS, the development agreement is required as part of an affordable housing
incentive program as set forth in MCC § 130-161.1; and
WHEREAS
home park , the intent of this program is to establish an appropriate incentive for mobile
owners to maintain mobile home park sites, mobile home developments in Urban
Residential Mobile Home (URM) and Urban Residential Mobile Home Limited (URM L
districts, and contiguous parcels under common owneiShip containing mobile homes where any
of the foregoing is presently serving as a prim source County (any of the foregoing being an "eligible sender site") affordable Prohousing in Monroe
development strategy to straightforward market -rate redevelopment. Aso Providing an alternative
allow the transfer of market -rate ROGO exemptions associated with plawfu]ly inestablished
dwelling units now existing at an eligible sender site to be transferred to another site or sites in
exchange for maintaining an equal or greater number of deed -restricted affordable dwelling units
within Monroe County. This program seeks to address the housing needs of the Florida Keys as
a regional obligation; and
Doom 1821986
Bk" 2502 FOR 607
Banyan Grove Resolution BOCC 1/19/11
DOCK 1821966
BIN 2502 P6p 608
WHEREAS, the development agreement would allow the property owner to transfer
market -rate Rate of Growth Ordinance (ROGO) exemptions associiverated with 51
existing, lawfully established dwellingpreviously
maintaining forty-eight (48) deed -restricted affordable dwelling Ling units site r slit a subject exchange for
With three (3) market rate units being transferred to Monroe County for Property
beneficial use; and ty administrative relief or
WHEREAS, pertaining to the development of the subject pro
sender site, the applicant also requested a major deviation in order to revise the major conditional
revised site plan includes
property,
also known as the
use permit and associated site plan approved by Planning Commission Resolution #P32-05. The
an increase in the number of dweIlin
units. In addition, the 46 dwelling units were previously approved to be markefrom t-rate; to and welling
WHEREAS, to the point of the Planning Commission public hearing, the develo meat
agreement application was processed and reviewed concurrently with the major deviation
application which was approved by the planning Commission on December 14, 2010; and
WHEREAS, during a regularly scheduled public meeting held on December 14, 2010
the Monroe County Planning Commission two required
public hearings for the Development Agreement; and conducted a public hearing as the first of tey d
WHEREAS , based upon the information and documentation submitted, the BOCC
makes the following findings of fact:
1. The subject property is located in a Mixed Use (MU) land use district; and
2. The subject property has a Future Land Use Map (FLUM) designation
Commercial (MC); and of Mixed Use /
3. The subject property has a tier designation of Tier 3; and
4. Development Order #02-1989 was approved b
The development order a roved a y the Director of Planning in 1989.
redevelopment of 51 market -rate dwelling units, in the conditional
o mOfmobile hse omes• an the
5. Resolution #070-1997 was approved b � d
resolution as evidence of its approval of the orders
rs 1997. The Vested
Ri adopted the
Officers, promulgated. pursuant to a Vested Ri des of the Vested Rights Hearing
1996; and Rights Hearing held on November 21,
6. Resolution #P32-05 was approved b
resolution approved an amendment to ae Planning Commission in 2005. The
construction of 46 market -rate dwelling amendment
major conditional use permit for the
units on the subject property; and
Beasan l3 ", Resolution Bocc 1/19/11
DocN 1821966
Bkp 2502 P9q 609
7. Resolution #P24-08 was approved by the Planning Commission in 2008. The
resolution approved a time extension and provided a new expiration date of April 27,
2009 to the major conditional use permit approved under Resolution #P32-05; and
In 2009, the applicant applied for a major conditional use permit to construct a
commercial retail building consisting of 14,129 SF non-residential floor area and 7
market -rate dwelling units. The application was reviewed by the Development
Review Committee on August 18, 2009; however was never scheduled for a public
hearing by the Planning Commission. The applicant subsequently withdrew the
application in order to proceed with a modification to the approval granted by
Resolution #P32-05; and
9. The extended expiration date approved by Resolution #P24-08 passed and the project
approved by Resolution #P32-05 was deemed null and void. However, Florida S.B.
360 allowed the expiration date for the project to be extended even if though its
approved timeframe had expired; and
10. On October 13, 2009, the applicant applied for a Florida S.B. 360 time extension to
the project approved by Resolution #P32-05. On May 25, 2010, a time extension was
granted and a new expiration date of April 27, 2011 was provided to acquire all
required certificates of occupancy; and
11.On July 16, 2010, the applicant applied for a Florida H.B. 1752 time extension to the
project approved by Resolution #P32-05. On September 10, 2010, a time extension
was granted and a new expiration date of April 27; 2013 was provided to acquire all
required certificates of occupancy; and
12.On November 30, 2010, the development agreement and major deviation applications
were reviewed by the Development Review Committee; and
13. The Monroe County Board of County Commissioners shall have authority to enter
into a development agreement by resolution with any person having a legal or
equitable interest in real property located within the unincorporated area of Monroe
County if the development agreement meets all of the requirements of the Florida
Local Government Development Agreement Act, section 163.3220-163.3243, Florida
Statutes; provided, however, that the duration of the development agreement shall not
exceed 10 years, and any duration specified in a development agreement shall
supersede any conflicting duration otherwise specified in the land development
regulations; and
14. Development shall not be inconsistent with the Monroe County Year 2010
Comprehensive Plan; and
15. Development on Stock Island shall not be inconsistent with the Master Plan for the
Future Development of Stock Island and Key Haven, also known as the Stock
Island/Key Haven CommuniKeys Plan; and
Banyan Grove Resolution BOCC 1/19/11
Doco 1821966
BkN 2502 PqN 610
16. Development shall not be inconsistent with the Principles for Guiding Development
in the Florida Keys Area of Critical State Concern; and
WHEREAS, based upon the information and documentation submitted, the Monroe
County Board of County Commissioners makes the following Conclusions of Law:
1. The request is consistent with the provisions and intent of the Land Development
Code of the Monroe County Code; and
2. The request is consistent with the provisions and intent of the Monroe County Year
2010 Comprehensive Plan; and
3. The request is consistent with the provisions and intent of the Master Plan for the
Future Development of Stock Island and Key Haven, also known as the Stock
Island/Key Haven CommuniKeys Plan; and
4. The request is not inconsistent with any of the Principles for Guiding Development in
the Florida Keys Area of Critical State Concern;
NOW THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS that the Development Agreement between Banyan Grove
Development Corporation (Spottswood Partners, Inc.) and Monroe County is hereby approved.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 19th day of January, 2011.
Mayor Heather Carruthers
Mayor pro tem David Rice
Commissioner Kim Wigington
Commissioner George Neugent
r'^—iasioner Sylvia Murphy
.Yes
Yes
Yes
Yes
Yes
BOARD OF CO COMMISSIONERS
OF MONROE CO RIDA
BY:7
Mayor H th thers
NI-FEST:-DANnNY L. KOLHAGE, CLERK
(.'.
Deputy Clerk
Banyan Grove Resolution BOCC 1/19/11
MONROE COUNTY
OFFICIAL RECORDS
MONRO�COUNT ORNEY
AP ED A TO 0RM
2
D 1®:
DocN 1821967 01/27/2011 1:2011
Filed 6 Recorded in Offlclal Records of
MONROE COUNTY DANNY L. KOLHAGE
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into on the
/ 9 V day of Jim u& r Y, 2011, by and between MONROE COUNTY, a political
subdivision of the State of Florida ("Monroe County"), and Banyan Grove Development
Corporation, a subsidiary of Spottswood Partners, Inc. ("Spottswood").
WITNESSETH: DocN 1821967
BkN 2502 P9N 611
The Parties hereto (the "Parties") hereby agree as follows:
I. RECITALS
A. Banyan Grove Development Corporation, a subsidiary of Spottswood Partners,
Inc. owns a parcel of land known as `Banyan Grove" located on Stock Island, adjacent to Key
West, Monroe County, Florida, at mile marker 5 of US Highway 1 fronting on MacDonald
Avenue and US Highway 1, with access to and from the site from MacDonald Avenue (the
"Property"), the legal description of which is contained in Exhibit A — Survey of the Banyan
Grove Property, attached hereto and made a part hereof (the "Survey").
B. Spottswood has the authority to enter into this Agreement through Florida
Statutes Chapter 163 and the sole and undivided ownership of the Property.
C. The Monroe County Year 2010 Comprehensive Plan (the "Comprehensive Plan")
designates all the parcels of the Property as "Mixed Use/Commercial" on its Future Land Use
Map. The County Land Use District map designation for the Property is " Mixed Use" (MU).
D. Historically, the Property was used as a Mobile Home Park with 51 Residential
Rate of Growth Ordinance (ROGO) exemptions for permanent dwelling units recognized by
Monroe County in its Development Order 02-1989, later reaffirmed in Planning Commission
Resolutions PO4-03, attached hereto as Exhibit B, and P32-05. Resolution PO4-03 also
recognized 14, 219 square feet of Non Residential Rate of Growth Ordinance (NROGO) exempt
non-residential floor area as vested to the site.
E. Monroe County Planning Commission Resolution P32-05 has been determined by
Monroe County in correspondence dated September 10, 2010, attached hereto as Exhibit C, to be
in full force and effect until April 27, 2013 unless otherwise extended. Resolution P32-05
authorizes the development of 46 market rate permanent dwelling units and accessory uses on
the Property.
F. The conceptual site plan, which illustrates the development of the Property for
affordable housing, is attached hereto as Exhibit D.
G. Section 130-161.1 of the Monroe County Land Development Regulations ("Land
Development Regulations") encourages the redevelopment of mobile home sites and contiguous
Banyan Grove Final Rev. 01/19/11
Doeq 1821967
Bkp ON P9N 612 2
property under common ownership to encourage the establishment/preservation of affordable
housing in exchange for the ability to transfer an equal or lesser number of market rate
permanent residential unit ROGO exemptions off site to eligible receiver sites.
H. Section 163.3220, Florida 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.
I. . 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 Statutes (the "Act").
J. Both Monroe County and Spottswood 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 for consideration of a
development agreement.
K Monroe County finds that entering into this Agreement furthers the purposes,
goals, objectives, and policies of the Comprehensive Plan which contains objectives and policies
that seek to encourage the provision of affordable housing through incentive programs and
changes to the Land Development Regulations and the residential dwelling permit allocation
system. (Objective 601.2, Policy 601.1.12 and Objective 601.6).
II. PURPOSE
The overall purpose of this Agreement is to allow the County and Spottswood to
implement the provisions of Monroe County Code Section 130-161.1 as applied to the Property
in order to supply needed affordable housing in the unincorporated Lower Keys and to allow for
a reasonable use of the Property by allowing the transfer of market rate permanent residential
ROGO exemptions lawfully associated with the Property to eligible receiver sites in the
unincorporated Lower Keys.
III. AGREEMENT REQUIREMENTS
The Parties recognize the binding effect of Sections 163.3220-163.3243, Florida Statutes,
as to the form and content of this Agreement and in accordance therewith set forth and agree to
the following:
A. Legal Description and Ownership. The legal description for the Property subject
to this Agreement is set forth in Exhibit A.
B. Duration of Agreement. This Agreement shall remain in effect for ten (10)
years from the "Effective Date" as defined herein, and may be extended by
mutual consent of the Parties and approval at a public hearing, in accordance with
Florida Statutes Section 163.3229 (2007). For the duration of this Agreement, the
Banyan Grove Final Rev. 01/19/11
DoeN 1821967
Bkp 2502 PgH 613 3
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.
C. Permitted Uses.
1. In accordance with this Agreement and with the Mixed Use (MU) Land
Use district, the permitted uses for Property include: forty eight (48) two
and three -bedroom affordable housing units, accessory recreational uses, a
minimum of 72 parking spaces, and an 800 square foot project
management office which will be a portion of the one unit rented to the
manager of the project.
2. The unit density of the Property is 20 units per gross acre. While this
density is representative of the existing residential entitlements recognized
as per Monroe County Development Order 02-1989 and is in excess of the
18 units per buildable acre maximum allowed by the current Land
Development Regulations, the density of lawful dwelling units is not
considered nonconforming in accordance with Section 130-163 of the
Monroe County Code. Specifically, this section states "Notwithstanding
the provisions of sections 130-157, 130-158, and 130-162, the owners of
land upon which a lawfully established dwelling unit, mobile home, or
transient residential unit exists shall be entitled to one dwelling unit for
each type of dwelling unit in existence before January 4, 1996. Such
legally -established dwelling unit shall not be considered as a
nonconforming use".
D. Public Facilities. There are no impacts on public facilities, since the number of
lawfully approved units is derived from pre-existing mobile homes and
commercial floor area is not increased by approval and application of this
Agreement. The number of units and the commercial floor area were recognized
in the planning for the sewage treatment plant serving this area of Stock Island
and the units and floor area were accounted for as existing in the data base
prepared for the Monroe County 2010 Comprehensive Plan.
1. The Florida Keys Aqueduct Authority provides domestic potable water to
the Property. The Florida Keys Aqueduct Authority will individually
meter each unit.
2. Electric service is provided by Keys Energy Services to the Property, and
each unit will be individually metered.
3. Solid waste service is provided to the Property by a solid waste collection
system franchised by Monroe County.
4. The Property will connect to central sewer via the Key West Resort
Utilities system available to Stock Island properties.
E. Reservation or Dedication of Land. There is no reservation or dedication of
land for public purpose contemplated by this Agreement.
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Doen 1821967
Bkq 2502 PgN 614 4
F. Development Allowed. The following specific criteria are those which will guide
the development of the Property and are the standards by which any further
approvals shall be measured and shall be as follows:
1. To allow Spottswood to design and construct 48 two and three -bedroom
affordable housing units, associated accessory uses and an office to serve
only the residents on the Property subject to and only after obtaining
approval from Monroe County of a major deviation to the existing
unexpired major conditional use approval stipulated in Monroe County
Planning Commission Resolution P32-05, as extended by Resolution
P24-08 and Florida S.B. 360 and H.B. 1752 applications. The design
shall be of a height as defined in the Monroe County Code of no greater
than 35 feet.
2. To allow Spottswood to transfer 48 market rate permanent residential
ROGO exemptions to one or more individual single-family lots in the
unincorporated Lower Keys. A minor conditional use permit shall be
required for each receiver site. If a receiver site receives multiple ROGO
exemptions, only a single minor conditional use permit shall be required.
The Growth Management Division of Monroe County shall track the
transfer of all ROGO exemptions by the assignment of unique tracking
numbers, which shall be assigned as each receiver site is identified and
approved.
3. To allow Spottswood to transfer to one or more appropriately zoned
locations in the Lower Keys all or portions of the 14,219 square feet of
NROGO exemptions recognized by Monroe County Planning
Commission Development Order 02-1989, later re -affirmed in Planning
Commission Resolutions PO4-03 and P32-05, subject to current
regulations pertaining to off -site transfer of non-residential floor area and
eligible receiver sites and at a minimum each transfer shall be
documented with a minor conditional use permit for each receiver site.
4. To give without further process to Monroe County the three remaining of
the 51 market rate residential ROGO exemptions on the Property
recognized by Monroe County Resolutions PO4-03 and P32-05, at the
time of issuance of the certificates of occupancy for all of the affordable
units on the Property for use in administrative relief or beneficial use
determinations.
5. To allow Spottswood to obtain 48 affordable ROGO allocations from
Monroe County from existing and/or future allocations of affordable
ROGO allocations in order to build the 48 units in one phase -with
construction complete not later than the end of 2014.
6. To allow Spottswood to allocate all of the 48 units to be constructed to
allow rental use only of the units for the very low and low income
categories identified in Section 130-161.1(2)(c)(i)(4) with a qualifying
income not to exceed 60% of the Monroe County median income rather
than allocating any units to the median and moderate income categories
as may be allowed by the Monroe County Board of County
Commissioners as per the subsection listed above.
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Bkq 2302 Pgo 615
7. Eligible Building Permit fees charged at the time of permitting shall be
waived for the construction of the affordable housing.
8. To allow Spottswood to obtain from Monroe County a waiver of impact
fees for the 48 affordable housing units as allowed by Section 130-
160.1(5) a in recognition that the 51 residential dwelling unit ROGO
exemptions derived from pre-existing units long in place before the
Monroe County impact fees ordinance became effective in 1986.
G. Development and Affordable Housing Standards. The development standards
shall be determined by the application of the standards contained in the Monroe
County Land Development Regulations as determined by the approval of a
deviation to the existing major conditional use for the Property and by the
granting of the minor conditional use permits for the transfer of ROGO
allocations and exemptions to and from the Property as required by Monroe
County Code section 130-161.1. Further, the following specific standards shall
apply to the development of the affordable housing units on the Property and to
the units enabled by the transfer of the market rate ROGO exemptions, however
the County and Spottswood recognize that no housing for sale shall be provided
on the Property; all affordable units shall be for rental only. Rentals shall be only
to those persons at the low and very low income levels making not more than
60% of the median income for Monroe County.
1. No market rate ROGO exemptions for transfer offsite shall be awarded
until an affordable housing ROGO allocation is awarded to the sender
site and certificates of occupancy are received for the corresponding
number of deed restricted affordable units constructed on the Property.
2. If Spottswood has not transferred the entire market rate ROGO
exemptions offsite by the termination or expiration of this Agreement, all
such remaining un-transferred market rate ROGO exemptions shall
become the property of Monroe County to be utilized for the purpose of
administrative relief.
3. Monroe County impact fees for dwelling units built with the ROGO
exemptions transferred from the property shall not be waived.
4. Tourist housing use or vacation rental use of the affordable housing units
established on the Property shall not be allowed.
5. All of the redeveloped housing units transferred to a receiver site shall:
a. Remain in the same planning sub -district as the original sender site(s).
b. Be located in a Tier III designated area.
c. Not propose clearing of any portion of an upland native habitat patch
of one acre or greater in size.
d. Not be located in a velocity (V) zone.
6. All units maintained at the sender site under this Development
Agreement and the Monroe County Affordable housing incentive
program shall comply with the following affordability criteria:
a. Rental Affordable Housing Units. Rents of sender site units, not
including utilities, and income limits for resulting deed restricted
affordable dwelling units shall follow:
Banyan Grove Final Rev. 01/19/11
8.
9
DocN 1821967
Bkq 2502 PgN 616 6
i Very Low Income. Represents 28% of the median income; or
ii. Low Income. Represents 60% of the median income; or
iii. Definitions follow:
(a) Median income, rental rates, and qualifying income
tables means eligibility requirements compiled each
year by the planning department based upon the median
annual household income published for the county on
an annual basis by the U.S. Department of Housing and
Urban Development and similar information for median
and moderate income levels from the Florida Housing
Finance Corporation. Affordable housing eligibility
requirements for each household will be based upon
median annual household income adjusted by family
size, as set forth by the U.S. Department of Housing
and Urban Development and the Florida Housing
Finance Corporation. The county shall rely upon this
information to determine maximum rental rates and
maximum household incomes eligible for affordable
housing rental or purchase.
(b) Monthly median household income means the median
annual household income for the county divided by 12.
iv. The monthly rental amounts shall be in compliance with the
Low Income Housing Tax Credit (LIHTC) maximum rental rates.
At the time of a new rental for an affordable unit, the total income of
households eligible to rent shall not exceed the same income limits of the
category in which they were originally awarded.
All units designated by this development agreement as deed restricted
affordable housing shall comply with hurricane standards established by
the Florida Building Code and habitability standards established. under
the Florida Landlord and Tenant Act. Compliance with this provision
shall be accomplished prior to the issuance of a building permit for the
transferred market rate ROGO exemption and after the deed restricted
affordable housing unit is fully restricted and in compliance with this
provision.
Not more than 50% of the existing affordable housing allocations
currently available in the County shall be used for affordable housing
allocations at the Property, unless approved by the Board of County
Commissioners (BOCC). For the County to monitor receipt of the
affordable housing ROGO allocations, Spottswood and the County agree
that the BOCC may approve the allocation reservation by resolution
concurrent with this development agreement. The resolution and any
other resolutions concerning ROGO reservations shall be the controlling
documents concerning the allocation reservations and supersede any
provisions of this Agreement. It is intended that the initial Resolution be
consistent with Section 138-24 of the Monroe County Code as follows:
a. Reservation criteria of affordable housing allocations.
Banyan Grove Final Rev. 01/19/11
Doen 1821967
Bkp 2502 P9# 617 7
i. The BOCC reserves 48 affordable ROGO allocations for
award to Spottswood for the use on the Property until
February 1, 2012.
ii. Building permits for the affordable units shall be obtained by
February 1, 2012.
iii. The Board of County Commissioners may, at its discretion,
place conditions on any reservation as it deems appropriate.
These reservations may be authorized by the Board of County
Commissioners for affordable units participating in the
Florida State Housing Financing Agency tax credit program or
using other public financing vehicles.
b. Relinquishment of affordable housing ROGO allocations.
If Spottswood does not comply with reservation and construction
deadline criteria within this Agreement or in the ROGO allocation
reservation resolution(s), it shall forfeit the affordable housing ROGO
allocation awards and the affordable ROGO allocation awards shall
be cycled back through the ROGO system for award to an alternate
recipient.
c. Nothing herein shall prohibit Spottswood from applying for an
extension to the ROGO allocation Reservation, but the County is not
obligated under any circumstances to give such extension.
H. 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.
I. Affordable Housing Deed Restriction and Length. This Agreement is and
hereby constitutes a deed restriction on the Property for a period of not less than
ninety-nine (99) years for affordable housing units for the income limits as
prescribed above. At the County's request, Spottswood shall file an additional
deed restriction in the format and as approved by the Planning Director and
County Attorney.
J. Breach, Amendment, Enforcement, and Termination.
1. Material Breach. A material breach by Spottswood occurs if all 48 units of
affordable housing are not built and in receipt of a certificate of
occupancy. A material breach by Monroe County occurs upon Monroe
County's failure to comply with the terms of this Agreement after Notice
as provided in following Subsection III.J.2.
2. Notice. Upon either Party's material breach of the terms and conditions of this
Agreement, the other party 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. Both Parties
shall be provided an additional 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.
Banyan Grove Final Rev. 01/19/11
DacU 1821967
Bkp 2302 Pap 618 8
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.
a. Amendments to this Agreement shall subject Spottswood 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 terns
or conditions contained herein shall be effective unless contained in a
written document approved and executed by Monroe County and
Spottswood.
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.
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.
b. Monroe County, Spottswood, 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
remedies that either party has, or may have in the future, to enforce
the terms of this Agreement.
K. State and Federal Law. If State or Federal laws enacted after the effective date
of this Agreement preclude either Party's compliance with the terms of this
Agreement, this Agreement shall be modified as is necessary to comply with the
relevant State or Federal laws.
L. Compliance with Other Laws. The failure of this Agreement to address a
particular permit, condition, term, or restriction shall not relieve Spotswood of the
necessity of complying with the laws governing said permitting requirements,
conditions, terms or restrictions.
M. 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 Spottswood reserve any and all such rights. All approvals referenced
in this Agreement are subordinate to compliance with all applicable laws, codes,
Banyan Grove Final Rev. 01/19/11
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Bkp 2802 Pgn 619 9
and land development regulations and permits, except to the extent otherwise
provided for in this Agreement.
N. 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 Spottswood 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.
O. 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 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, 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.
P. 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.
Q. Joint Preparation. This Agreement has been drafted with the participation of
Monroe County and Spottswood and their counsel, and shall not be construed
against 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 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.
R. 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:
The address of Monroe County shall be:
Banyan Grove Final Rev. 01/19/11
10
County Administrator Doeu 1621967
1100 Simonton Street UK 2502 P9N 620
Room 2-205
Key West, Florida 33040
with a copy to
Assistant County Attorney
PO BOX 1026
Key West, FL 33041
and
1111 12th Street Suite 408
Key West, Florida 33040
The address of Banyan Grove Development Corporation, a subsidiary of
Spottswood Partners, Inc. shall be:
Robert Spottswood
506 Fleming Street
Key West, Florida 33040
It is the responsibility of the Parties to notify all Parties of change in name or
address for proper notice.
S. Force Majeure. Any prevention, delay or stoppage due to strikes, lockouts, labor
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 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 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.
T. 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.
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.
Banyan Grove Final Rev. 01/19/11
DocN 1821967
Bkp 2502 Pap 621 11
3. All of the exhibits attached to this Agreement are incorporated in, and
made a part of, this Agreement.
U. 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
permitting requirements, conditions, term, or restriction notwithstanding any such
omission.
V. 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.
W. Litigation. The County and Spottswood 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 subject to arbitration.
X. Time of Essence. Time shall be of the essence for each and every provision
hereof.
Y. 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,
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.
Z. 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
constitute one and the same agreement.
AA. 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. Spottswood agrees that it 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
Banyan Grove Final Rev. 01/19/11
12
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
confirming such extension that shall be recorded in the Public Records of Monroe
County.
BB. 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.
CC. 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.
DD. Effective Date. The "Effective Date" of this Agreement is 30 days after the duly
signed and recorded Agreement is received by the Florida Department of
Community Affairs pursuant to Chapter 380, Florida Statutes.
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
Doep 1821967
Bkp 2502 Pap 622
Banyan Grove Final Rev. 01/19/11
000 1821967
Skp 2302 Pap 623
13
IN WITNESS WHEREOF, the Parties hereto have set their hands and seals on the day
and year below written.
Signed, sealed, and delivered
Zpresence of -Name i i co„
Print Name +i i `. i. G a n n 5.
Banyanrove Development Corporation
a sub77X
' ottswood Partners, Inc.
By: P
Title: \/ • 4000, 4
Dated: � � 3011
The foregoing instrument was acknowledged before me on this 114 day of an �4i
2011, by o t�i �, 5�o#sv k the Vi�(,L P.'Y S,'d,,4r-- of Banyan Grove
Development Corporation. He is personally known to me or produced
as identification and did not take an oath.
PATRICIA GAE GANISTER
�- Notary Public -State of Florida
• e My Comm. Expires Sep 20. 2014
+�W
Commission #F EE 16873
BONN m
rove wuaw rioary Attu.
KOLHAGE, CLERK
Deputy-C.
Banyan Grove FINAL 12/30/10
Notary Public
Printed name
My commission expires
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
SUS
AN GRIMSLEY
ASSISTANT ATTORNEY
Date �� p
Exhibit A - Survey and Legal Description
DOO 18219s7
Skp 2502 Pqp 624
Banyan Grove FINAL 12/30/10
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LEGIBILITY OF WRiTh NG, TYP:! :-3, 01' PRH ITING WAS
UNSATISFACTORY ON TNI � AC;UMENT WHEN REGEIVEO
Doep 1821967
Bkq 2502 P9p 626
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 I at Page 55, of the Public
Records of Monroe County Florida and being more particularly described by metes and bounds
as follows:
COMMENCE at the Southwest corner of the said Square 29; thence N 89 degrees 57'56" E
along the Northerly Right-of-way line of MacDonald Avenue for 196.00 feet to the Point of
Beginning: thence N 00 degrees 02' 04" W for a distance of 80.00 feet; thence S 89 degrees 57'
56" W for a distance a distance of 30.00 feet; thence N 00 degrees 02' 04" W for a distance of
166.55 feet to a point of a curve concave to the Southeast and the Southerly Right-of-way line of
U.S. Highway No. 1 thence in a Northeasterly direction along the said Southerly Right -of- line
of U.A. Highway No. 1 and the said curve having for its elements a radius of 2764.93 feet, a
central angle of 01 degrees 14' 05" a cord bearing of N 72 degrees 31' 23" E with a cord length
of 11.33 feet for an arc distance of 11.33 feet to the Southerly line of Laurel Avenue thence N 89
degrees 57' 56" E along the said Northerly Right-of-way line of Laurel Avenue for distance of
323.21 feet -to the Northeast corner of said Block 29; thence S 00 degrees 02' 04" E along the
Easterly line of said Block 29 for a distance of 250.00 feet; to the said Northerly Right-of-way
line of MacDonald Avenue; thence S 89 degrees 57' 56" W along the said Northerly Right -of -
Way line of MacDonald Avenue for 329.00 feet to the Point of Beginning.
Containing 81,081.38 square feet, or 1.86 acres, more or less.
PARCEL B: A parcel of land on Stock Island, Monroe County, Florida and being Block 26 and
a portion of Laurel Avenue, both as shown on the plat of "STOCK ISLAND MALONEY
SUBDIVISION" as recorded in Plat Book 1, at Page 55, of the Public Records of Public Records
of Monroe County, Florida, and being more particularly described by metes and bounds as
follows:
BEGIN at the intersection of the West Right of Way line of 4`h Street with the South Right-of-
way line of Laurel Avenue; thence S 89 degrees 57' 56" W along the Southerly Right-of-way
Line of Laurel Avenue for 323.21 feet to a point on a curve, concave to the Southeast and also
the Southerly Right-of-way line of U.S. Highway No. 1; thence in a Northeasterly direction
along the Northerly Right-of-way Line of Laurel Avenue and the Northerly Line of Block 26,
and also being the Southerly Right-of-way Line of U.S. Highway No. 1, and along the said
curve, having for its elements a radius of 2764.93 feet, a central angle of 06 degrees 54' 42" a
cord being of N 75 degrees 48' 14" E for a distance of 333.34 feet for a arc distance of 333.54 to
the Easterly line of said Block 26; thence S 00 degrees 02' 04" E along the said Westerly Right-
of-way line of Fourth Street for a distance of 81.56 feet to the Point of Beginning.
Containing 12,792.19 square feet or 0.29 acres, more or less.
LEGAL DESCRIPTION: Parcel 1
The Westerly %Z of Fourth Street, Stock Island, Monroe County, Florida, lying between the North
Right of Way Line of MacDonald Avenue and the South Right of Way Line of U.S. Highway
No. 1 and being more particularly described as follows:
Beginning at the Southeast corner of Lot 11, Block 29, "STOCK ISLAND MALONEY
SUBDIVION" as recorded in Plat Book 1, at Page 55, as recorded in the Public Records of
Monroe County, Florida, thence N 00 degrees 02'04" W along the Easterly property lines of Lots
EXHIBIT A
Banyan Grove Development Agreement
Survey & Legal Description
Page 2 of 3
11 and 10, Block 29 and the Easterly line of that parcel on East Laurel Avenue abandoned by
Monroe County Resolution 294-1989 and the Easterly property line of Block 26 to a point on a
curve concave to the Southeast and the Southerly Right of Way Line of U.S. Highway 1; thence
in a Northeasterly direction along the said Southerly Right -of -Way line of U.S. Highway No. 1
and along the said curve, having for its elements a radius of 2764.93 feet, a central angle of 0
degrees 31'36", a cord bearing of N 79 degrees 31'23" E with a distance of 25.42 feet for an arc
distance of 25.42 feet to a point lying 25 feet Easterly of and parallel with the Easterly line of
said Block 29: thence S 00 degrees 02'04" E a distance of 336.16 feet along the centerline of
Fourth Street to a point lying on the Northerly Right -of -Way line of MacDonald Avenue; thence
N 89 degrees 57'56" W along the said North Right -of -Way line of MacDonald Avenue for a
distance of 25.00 to the Point of Beginning.
Containing 8,346.48 square feet, more or less.
LEGAL DESCRIPTION: Parcel C:
A portion of Lot 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 and being more particularly described by metes and bounds as follows:
COMMENCE at the Southwest corner of the said Square 29; thence N. 89 degrees 57'56" E
along the Northerly Right -of -Way line of MacDonald Avenue for 196.00 feet to the Point of
Beginning: thence N 00 degrees 02' 04" W for a distance of 80.00 feet; thence S 89 degrees
57'56" W for a distance of 30.00 feet; thence S 00 degrees 02'04" E for a distance of 80.00 feet
to the said Northerly Right -of -Way Line of MacDonald Avenue; thence N 89 degrees 57'56" E
along the said Northerly Right -of -Way line of MacDonald Avenue for 30.00 feet to the Point of
Beginning.
Containing 2,400 square feet more or less.
DocN 1821967
Bkq 2502 PgN 627
EXHIBIT A
Banyan Grove Development AgreVment
Survey & Legal Description
Page 3 of 3
Exhibit B - Monroe County Development Order 02-1989 and
Resolution PO4-03
DocU 1821967
Bkq 2502 P90 628
Banyan Grove FINAL 12/30/10
15
Doeq 1821967 a
Bka 2302 P911 629
d
5 8 16 4q-
°FF1 d e b PAsEO 0 t= I
:.�.
MONROE COUNTY, FLORIDA 3
`.0
MINOR CONDITIONAL USES - J 3 Z
DEVELOPMENT ORDER N
02-1939
A '-7
laJ -v
WHEREAS, the Development Review Committee of Monroe County,
Florida, on January 25, 1989, in accordance with the provi-
sions of Sections 9.5-24 and 9.5-68, of the Monroe County Land
Development Regulations, to review the request of
Pearl Trailer Perk Rehabilitation for a Minor Condi-
tional Use Approval, on the following described property:
RE#12412
Lots 1-20 Block 29 Maloney Subdivision. Section 34 & 36
Township 67 Range 25 Stock IslandIr approximately MM 12. land use designation is mixed uses (MU), The
for the following Minor Conditional Use: The replacement of 51
mobile homes and the addition of 76i_ square feet of building
floor area to an existing mobile home Dark_
THE PLANNING DIRECTOR, after due consideration of the above -
mentioned property, has concluded that said MINOR CONDITIONAL
USE APPROVAL be: granted X__._; granted with the following
condition(s):
1• The applicant obtain ap roval of the Board of County Commis-
sioner- s for abandonment to that portion of Laurel Avenue
which has not already been abandoned.
2. Deed restrictions shall be Placed on the property and re-
corded in the official records of Monroe County as follows•
5816gFI 086 PAGE-00 1. 2
a. As . long as the__pro girty_ remains a mobile home park
all development shall hP limited _to -the —construction of accessory
structures to mobile .homes, but shall not include storage sheds.
b. Mobile_ homes shall in accordance with Monroe County
Code be utilized for residential purposes only.
C. Only one mobile home shall_ be permitted per lot as
indicate on the site plan and. that the maximum density
allowed shall be 5_1_ _mobile. homes_ and 765 square feet of
accessory building use.
3. Solid waste disposal shall be handled on an individual ba-
sis at each mobile home site rather than in a common
dumpster. Each trailer _ site shall be provided with a
screened trash receptacle area _consisting of wooden fencing
enclosed on at least three sides.
4. A landscape plan shall be_ areroved _by_the County Biologist,
including the recruirement that all trees with larger than a
3" diameter be identified._on the site plan and saved wherev-
er possible. No removal of vegetation shall commence until
such time as the Planning Director approves in writing the
removal of any trees greater than _three (3) inches diameter
breast height JDBH).
S. The perimeter of the —green_ areas on the site shall be
fenced. — --
6. The office building shall exclude any office use except as
required to service the_mobile_home park.
7. The laundry shall have two parking__ spaces including one
handicapped space which will be located next to the laun-
drY- - -... - --...— located
The laundry will be owned and maintained by the applicant
or its agent for use b_ Y _mobile home park residents. No
external advertising to the
ted. - general_ public shall be Permit- -- - -
9. All cess Pools and septic tanks will be removed in accor-
dance with HRS Prior to_the replacement of the mobile homes
10. The developer shall improve 4th street to .a standards ac-
ceptable to the county_ engineer
_and FDOT as applicable. No
Certificate of Occupanc v shall be issued until all road im-
provements ar& complete,._.or_ sufficient performance bonds
have been proffered and accepted__by_ the County in a form
acce� table to the County Attorney. and. County Clerk.
Docp 1821967
Bkp 2502 Pgp 630
58T64Q
11. The applicant shall
C.
�`^1085 PAR 001.-3
revised site Al
a.iav r j - . . . . . a... t�1 L ec Lor prl Or ZO com-
mencement of any building permit for this project
12. A final drainage plan prepared by a licensed engineer and
shall be approved by the County Engineer.
UNDER THE AUTHORITY of Section 9.5-72 of the Monroe County
Land Development Regulations, this conditional use approval
shall become null and void, with no further action required by
the County, three and one-half years after the date of the origi-
nal approval unless all required certificates of occupancy neces-
sitated by the conditional use approval have been obtained.
NOW, THEREFORE BE IT RESOLVED, by the Planning Director of
Monroe County, Florida, that the minor conditional use permit
for the development described above is herebranted according
to the terms and condition set fort there'n. 1
_ Date:: O) V 5
Direct o
of anning
DocN 1821967
Bkp 2502 PgN 631
STATE OF FLORIDA,
COUNTY OF MONROE
I HEREBY CERTIFY that on this day,
duly authorized in the
before me, an officer
State aforesaid and in the County afore-
said, to take acknowledgments, personally appeared
to me known to be the person described in
foregoing instrument
DONALD CRAIG,
and who executed the
and he acknowledged
cuted the
before me that he exe-
same.
WITNESS my hand and fficial seal in the C9u`n � '•"2tState
last aforesaid this 3 `P -X1,1
day of
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MANY ►UILIC STATE CF ROMA
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NOTARY P BLI•, STATE OF F ORIDA
The requirement contained in Section 9.5-72.(a) that a condition-
al use permit not be transferred to a successive owner without
notification to the Development Review Coordinator within fif-
teen (15) days of the transfer must be included on the document
which is recorded pursuant to this section.
I, the undersigned, do . hereby attest that I have read and agree
to the conditions listed above.
Docq 1821967
Bkq 2502 P90 6532
-S�9
Date
Pro O n r
Not ry
Public _ ,
Notorlr.Ptlf.�I FlIp10-�•..
611y Commirjct7r, j;es Sept: 25,,199Z
sa�d.d r�►� {r_`f ti VuMW Inc&,
if liti.lw
REFERENCE: In the event that this development order constitutes
an amendment, extension, variation, or alteration of a previous
conditional use permit, that document may be referenced by the
following
Please be advised that this Development Order is subject to a
forty five (45) day appeal period by the State of Florida Depart-
ment of Community Affairs.
This instrument prepared by:
Lisa Kee
Recorded In Official Records Book
�� /, /� p '• in Monroe County, Florida
Record Verified
Q D�IPl'N Y L BOI.A�IGE -
a .. Cixk Circuit Cuad
r
Docu 1821967 _ :.. ..
Skp 2502 Pgp 633
MAKE CHECKS PAYABLE TO l DAN NY L. KO LHAGE C co— 699622
DATE J� CLERK OF CIRCUIT COURT
MONROE COUNTY. FLA.
RECEIVED OF
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DocN 1821967
Bkp 2802 Pop 634
MONROE COUNTY
OFFICIAL RECORDS
FILE #1357564
BKk1868 PG#1620
RCD Mar 19 2003 02,37PM
DANNY L KOLHAGE, CLERK
RESOLUTION NO. PO4-03
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION APPROVING THE REQUEST OF THE
SPOTTSWOOD FAMILY TRUST D.B.A. CAYO INVESTMENT FOR
AN AMMENDMENT TO A MAJOR CONDITIONAL USE TO BUILD
A 14,129 SQUARE -FOOT ECKERD DRUG STORE AND SEVEN (7)
MARKET RATE DWELLING UNITS ON A PARCEL OF LAND
LEGALLY DESCRIBED AS A PORTION OF EAST LAUREL
AVENUE (ABANDONED), THE EAST PORTION OF 4TH AVENUE
(ABANDONED), LOTS 5 THROUGH 16 AND PART OF LOTS 4 AND
17 OF SQUARE 29, AND ALL OF BLOCKS 37 AND 40, MALONEY
SUBDIVISION, STOCK ISLAND, MONROE COUNTY, FLORIDA.
THE REAL ESTATE NUMBER IS 00124140-000000.
WHEREAS, during a regular meeting held on January 8, 2003, the Monroe County
Planning Commission conducted a public hearing on the request filed by the Spottswood Family
Trust d.b.a. Cayo Investment for an amendment to a major conditional use to build a mixed use
commercial and residential development containing a 14,129 square -foot Eckerd Drug Store and
seven (7) units of market rate townhouses on a parcel of land formerly known as Pearl Mobile
Home Park located on both US Highway 1 and MacDonald Avenue between the Burger King
and Coral Isle Trailer Park at approximately Mile Marker 5; and
WHEREAS, the proposed development is located on a parcel of land legally described
as a portion of East Laurel Avenue (abandoned), the east portion of 4th Avenue (abandoned),
lots 5 through 16 and part of lots 4 and 17 of square 29, and all of blocks 37 and 40, Maloney
Subdivision, Stock Island, Monroe County, Florida. The Real Estate number is 00124140-
000000; and
WHEREAS, the above described property is located in the Mixed Use (MU) land use
district and the Future Land Use Map designation is Mixed Use/Commercial; and
WHEREAS, the original Major Conditional Use application was approved by the
Planning Commission Resolution #P38A-96 which included developing two non-contiguous lots
on MacDonald Avenue as an aggregated development in the following manner: the northern
portion was approved to be used for a 14,400 square foot open-air market and a 433 square foot
public restroom facility, and an existing 1,721 square foot building was to remain as a
commercial office; the southern portion containing an existing 1,868 square foot building used as
MWIanninglPlanning Commission CoordinatorlWorking Folder%PC.DRC%Resos.DOW04-03.doc
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a radio station was to remain, and two new buildings totaling 15,474 square feet were to be
kiw constructed for light industrial use; and
WHEREAS, the above Resolution was amended in April 2000. Under the Planning
Commission Resolution #P12-00 the following changes were approved: the use of the 1,868
square foot radio station was changed into a walk-up bank and the intensity of use of the 14,400
square foot open-air retail sales market on the north was changed from low- to medium -intensity
commercial retail, to high -intensity commercial retail; and the use of the two buildings (totaling
15,474 Sq. Ft.) on the south was changed from light industrial to low- to medium -intensity
commercial retail use; and
WHEREAS, the Planning Commission was presented with the following evidence,
which by reference is hereby incorporated as part of the record of said hearing:
1. The Amendment to a Major Conditional Use Application, including Site Plan by Thomas E.
Pope, P.A. Architect, dated 09/16/2002 and revised on 10/17/02; and Conceptual Landscape
Plan by the Craig Company, dated 09/16/2002; and Drainage Plan by PE & D, Inc., dated
09/10/2002; and Floor plans by Thomas E. Pope, P.A. Architect, dated 08/28/2002; and
Elevations plans by Thomas E. Pope, P.A. Architect, dated 08/28/2002; and Plan and Interior
design of Eckerd's Drug Store by Kent D. Hamilton, A.I.A., Architect, dated 07/26/2002;
and Elevation drawings of Eckerd's Drug Store by Kent D. Hamilton, A.I.A., Architect,
dated 07/26/2002; and Boundary Survey by Frederick H. Hildebrandt, Engineer, Planner,
Surveyor, and dated 08/02/2002; and
2. The Staff Report prepared by Aref Joulani, Senior Planner, Rebecca Redondo, Biologist,
dated 12/20/2002; and Doc# 1821967
3. The sworn testimony of the Growth Management Staff; and Bkq 2502 Pip 635
4. The comments of John Wolfe, Planning Commission Counsel; and
5. The sworn testimony of Rebecca Jetton, Department of Community Affairs; and
6. The sworn testimony of Donald L. Craig, AICP, the applicant's agent; and
7. The sworn testimony of Bill Spottswood, representing the applicant; and
WHEREAS, the Development Order #02-1989 recognized that 51 mobile homes were
legally existing on this site; and
WHEREAS, the said development order remained valid on the effective date of ROGO
and the units were physically present for the 1990 census and accounted for in the hurricane
evaluation model which forms the basis of ROGO; and
WHEREAS, the Planning Commission has made the following Findings of Fact and
Conclusions of Law based on the evidence presented:
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f4w 1. Based on the application, the proposed project amends the Planning Commission Resolution
#P 12-00 exclusively with regards to the northern part of the development identified with RE#
0012140-000000. The Resolution 012-00 and amendment to it under Resolution #P34-01
and conditions of the approvals under those resolutions still apply to the southern portion of
the development known as Spotswood Shops.
2. Based on the Development Order #02-1989 and the Memorandum dated November 13, 2002
from the Assistant County Attorney, the property is vested to have the rights to be
redeveloped with up to 51 ROGO exempt residential units subject to compliance with all
other applicable land development regulation. Therefore, we find that the ROGO exempt
residential units are not transferable off -site per Section 9.5-120.4(b) and can only be built
back on -site in accordance with Section 9.5-120.4(a).
3. Based on the application, the applicant is proposing to build 14,129 Sq. Ft. of vested medium
intensity commercial use and seven (7) market rates residential units. Although we find the
project to be in compliance with sections 9.5-262 and 9.5-269, the Site Plan shall be revised
to show correct Site Analysis related to residential density and site utility information.
4. Based on the County's Traffic Consultant letter dated December 16, 2002, although the
submitted traffic report has adequately addressed all related issues, it is not clear if the flow
of traffic inside the property is adequate. Therefore, we conclude that a site plan showing the
vehicle maneuverability inside the property shall be submitted.
kiw
5. Based on the County's Traffic Consultant letter dated December 16, 2002, it appears that the
site plan for the Burger King Restaurant, located adjacent to the project site was intended to
provide common use access between the two properties. Therefore, we find that the applicant
shall explore the feasibility of having internal connection between the two properties to
reduce the vehicular traffic on adjacent streets, especially US 1 Highway.
6. Based on the application, a storm water management plan has been provided with the
submitted plans. Therefore, we find that the plan shall be reviewed and approved by the
Monroe County Engineer to determine compliance with Section 9.5-293.
7. Based on the application, connection to the Key West Resort Utilities is the preferred option
for wastewater treatment. However, we find that if the applicant decides to use on site
sewage treatment plant, the existing Environmental Health Permit must be revised and
approval of the Department of Health and/or the Department of Environmental Protection
shall be submitted.
8. Based on . the application, coordination with the Fire Marshal has started. Therefore, we
conclude that conceptual approval of the project by the Fire Marshal's Office is needed.
9. Based on the application, a letter of coordination has been submitted to the Florida Keys
Aqueduct Authority (FKAA). Therefore, we conclude that the plans shall be reviewed and
approved by FKAA.
MWIanninglPlanning Commission CoordinatorMorking Folder%PC-DRC%Resos.DOW04-03.doc
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Doca 1821967 F I L g # 1 3 5 6 4
Bkq 2502 PgN 637 5 -�
BK#-1868 PG#1623
10. Based on the application, coordination with the Keys Energy Services (KEYS) has started.
According to the letter of coordination dated September 12, 2002, KEYS will need a full set
of plans and a project review form to determine load requirement. Therefore, we conclude
that approval of the plans by KEYS is required.
11. To preserve the community character of the area, we find that metal roof shall be used for the
proposed Eckerd Drug Store.
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 of the Spottswood family trust d.b.a. Cayo Investment for an
amendment to a major conditional use to build a mixed use commercial and residential
development including a 14,129 square -foot Eckerd Drug Store and seven (7) units of market
rate houses on a parcel of land formerly known as Pearl Mobile Home Park that is legally
described as a portion of East Laurel Avenue (abandoned), the east portion of 4th Avenue
(abandoned), lots 5 through 16 and part of lots 4 and 17 of square 29, and all of blocks 37 and
40, Maloney Subdivision,. Stock Island, Monroe County, Florida, near Mile Marker 5 subject to
the following conditions:
1. The Site Plan shall be revised to show correct Site Analysis associated with the residential
density and site utility information of the project prior to the issuance of a building permit.
2. Prior to issuance of a building permit, a site plan showing the vehicle maneuverability within
the property shall be submitted and approved by the County's Traffic Consultant.
3. The applicant shall investigate the feasibility of having an internal connection between the
Burger King Restaurant and the project to reduce the vehicular traffic on adjacent streets,
especially US 1 Highway. The result of this investigation shall be submitted to and approved
by the County `s Traffic Consultant prior to issuance of a building permit.
4. Prior to issuance of a building permit, approval of the surface water management plan by the
County Engineer shall be provided.
5. Prior to issuance of a building permit, the Florida Department of Health and/or the
Department of Environmental Protection shall approve the Wastewater Treatment Plan.
6. Prior to issuance of a building permit, a Fire Protection Plan shall be approved by the
Monroe County Fire Marshal.
7. Prior to issuance of a building permit, a complete set of plans must be reviewed and
approved by FKAA.
8. The Keys Energy Services (KEYS) shall determine load requirement based on the review of
a complete set of plans and approval shall be received prior to the issuance of a building
permit.
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Bku 2502 P9N 638 B K# 1 B 6 8 P G# 1 6 Z 4
9. To preserve the community character of the area, metal roof shall be used for the proposed
Eckerd Drug Store.
PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a
regular meeting held on the 8th day of January 2003,
Chair David C. Ritz YES
Vice Chair Denise Werling YES
Commissioner Julio Margalli YES
Commissioner Jerry Coleman YES
Commissioner Alicia Putney YES
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
BY C 9 C.-Z`
David C. Ritz hair
Signed this W� day . , 2003
APPROVED AS TO FORM
AND LEG SUFFICIENCY
BY �-
omey's Offico
MONROE COUNTY
OFFICIAL RECORDS
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)CA7 /r 14.6 ,d el D
Initial
Exhibit C - Monroe County Planning Resolution P32-05
DOC" 1821967
6kp 2502 PION 639
Banyan Grove FINAL 12/30/10
16
Doop 1554825 12/07/2005 10:27AN Deep 1534823
Filed i Recorded In Official Records of Bkp 2170 P9N 2191
MONROE COUNTY DANNY L. KOLHAGE
PLANNING COMMISSION RESOLUTION NO. P32-05
A RESOLUTION BY THE MONROE COUNTY
PLANNING COMMISSION APPROVING THE
REQUEST OF THE SPOTTSWOOD FAMILY TRUST,
INC FOR AN AMENDMENT TO A MAJOR
CONDITIONAL USE FOR THE DEVELOPMENT OF
FORTY-SIX (46) TWO STORY ELEVATED
RESIDENTIAL UNITS. THE PROPERTY IS LEGALLY
DESCRIBED AS A PORTION OF EAST LAUREL
AVENUE (ABANDONED) LOTS 5 THROUGH 16 AND
PART LOTS 4 AND 17 OF BLOCK 29, AND ALL
BLOCKS 37 AND 40, STOCK ISLAND, MONROE
COUNTY, FLORIDA, APPROXIMATE MILE MARKER
5, AND THE REAL ESTATE NUMBER IS
00124140.000000.
WHEREAS, during a regular meeting held on June 8, 2005, the Monroe County
Planning Commission conducted a public hearing on the request filed by Spottswood Family
Trust, Inc. for an Amendment to a Major Conditional Use for forty-six (46) two-story elevated
residential units and a play area; and
WHEREAS, during a regular meeting held on May 3, 2005, the Development Review
Committee recommended approval of the Amendment to a Major Conditional Use application to
#%w the Planning Commission; and
WHEREAS, the PIanning Commission was presented with the following evidence,
which by reference is hereby incorporated as part of the record of said hearing:
1. Boundary survey by Frederick H. Hildebrant, dated 08/02/02; and
2. Site Plan (S1) prepared by Thomas E. Pope, P.A. Architect, dated 01/13/05 and revised
on 03/18/05, and
3. Landscape Plan (LI) prepared by Thomas E. Pope, P.A. Architect, dated 01/13/05 and
revised on 03/ 18/05, and
4. Elevation and Floor Plans prepared by Thomas E. Pope, P.A. Architect, dated 01/13/05;
and
5. Conceptual Drainage Plan (C-1) designed and checked by Allen E. Perez, P.E., dated
01125105;and
6. Revised Site Plan (S1) prepared by Thomas E. Pope, P.A. Architect, dated 01/13/05 and
revised on 05/23/05; and
7. The Staff Report prepared by Heather Beckmann, Planner and Andrew Trivette, Senior
Biologist, dated 05116105; and
8. The sworn testimony of the Growth Management Staff, and
9. The comments of Donald L. Craig, AICP, representing the applicant's agent; and
10. The advice of John Wolfe, Planning Commission Counsel.
AMCU-PC Resolution Pagel of 5 DcN 1821967
# P32-.05 Final B;N 2502 P9N 640
Spottswood Stock Island Housing
S
Doan 1554825
Bkq 2170 P9a 2192
WHEREAS, the Planning Commission has made the following Findings of Fact and
Conclusions of Law based on the evidence presented:
1. Based on the Monroe County Code, we find and the applicant agrees to apply the same
residential color scheme and fencing material and height surrounding the perimeter of the
development to match the design of the neighboring Coral Hammock to ensure compliance
with Section 9.5-248.
2. Based on the site plan, a stormwater management plan was submitted. Staff concludes that
the plan must be reviewed and approved by the County Engineer to determine compliance
with Section 9.5-293.
3. Based on the application, FDEH has been contacted to review the project. We conclude that
the project must be reviewed and approved by FDEH. In addition, a letter of coordination
shall be submitted to KWRU to determine compliance with Section 9.5-294.
4. Based on the site plan, the second standard has not been met for the site plan does not exhibit
any bicycle racks. The applicant shall meet the third, fourth and fifth standards by
demonstrating on the site plans that ceiling fans will be installed, solar panels will be used for
the heating of hot water, and heat pumps for the AC to ensure compliance with Section 9.5-
326.
5. Based on the site plan, the applicant intends to access drives and curb cuts to US 1 and
MacDonald Avenue. We find that the applicant shall receive permits from FDOT and the
County Engineer for the access drives and curb cuts along US 1 and MacDonald Avenue to
come into compliance with Section 9.5-421.
6. Based on the application, a level two traffic study was submitted and reviewed by the County
Traffic Engineer. We conclude that the requests of the Engineer shall be met to determine
compliance with Section 9.5-426.
7. Based on the application, KEYS and FKAA have been contacted to review the project. We
conclude that the conditions set by these agencies shall be met to determine compliance with
Section 9.5-69.
8. Based on the application, the Fire Marshal was contacted to review the project. The Fire
Marshal has requested the exterior stairways be constructed of noncombustible materials and
that the entrance/exit gates at the MacDonald Ave shall have an unobstructed width of not
less than 18 feet. The conditions of the fire marshal shall be met to determine compliance
with Section 9.5-69.
9. Based on the application, a breakdown of the proposed residential units by price range was
not included. Staff concludes that this is required along with an assessment of the potential of
�r the proposed development to meet local or regional housing needs to determine compliance
with Section 9.5-69.
Doan 1821967
AMCU-PC Resolution Page 2 of 5 Bkq 2502 NO 641
# P32-05 Final
Spottswood Stock Island Housing
6 xk 1""4- /01 C- W cpp7—
Deep 1594625
Bkp 2170 Pap 2193
10. Based on the application, the proposed development will increase daily trips on US by 262
with 75% of those trips predicted to travel to Key West. The impact of the increased traffic,
proximity to bus service, and lack of bus shelters require the applicant to coordinate with Key
West Transit Authority and the County to determine an appropriate location and design for a
bus shelter. The shelter shall be provided to comply with Section 9.5-69.
11. Based on the application, the proposed development does not supply any amenities and the
applicant shall coordinate with staff to determine an appropriate amenity(s) to comply with
Section 9.5-65.
WHEREAS, based on the fourth condition set forth in the Staff Report dated 05/16/05, a
revised site plan (S1) showing bike racks was signed and sealed by Thomas E. Pope Architect,
P.A., revised 5/23105 and submitted and approved by the Planning Department on 05/26/05; and
WHEREAS, based on the third condition set forth in the Staff Report dated 05/16/05, a
revised site plan (S1) showing the'entrancelexit gates on MacDonald Avenue with an 18 foot
unobstructed width was signed and sealed by Thomas E. Pope Architect, P.A., revised 5/23105
and submitted and approved by the Planning Department on 05/26/05; and
WHEREAS, based on the sixth condition set forth in the Staff Report dated 05/16/05, an
addendum to the traffic study was submitted on 7/01/05, reviewed and approved by the County's
Traffic Engineer on 07/08/05 and submitted and approved by the Planning Department on
07/11/05; and
.... WHEREAS, based on the tenth condition set forth in the Staff Report dated 05116105, a
4w revised site plan (S1) showing a bus shelter was signed and sealed by Thomas E. Pope Architect,
P.A., revised 5/23/05 was submitted to the Planning Department on 05/26/05; however Planning
Staff will not approve the proposed location of the shelter until the applicant coordinates with
Key West Transit Authority and Planning Staff for; and
WHEREAS, based on the eleventh condition set forth in the Staff Report dated 05116105,
a revised site plan (S 1) showing a play area was signed and sealed by Thomas E. Pope Architect,
P.A., revised 5/23/05 was submitted and approved by the Planning Department on 05126105; and
WHEREAS, during the 06/08/05 Planning Commission meeting, the Planning
Commission strongly recommended that a way be found to allow the five lawfully established
units that are not being rebuilt on site to be transferred as affordable exemptions.
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 of Spottswood Family Trust, Inc. for an
Amendment to a Major Conditional Use for the construction of forty-six elevated two story
residential units. The property is legally described as a portion of East Laurel Avenue
(abandoned), lots 5 through 16 and part lots 4 and 17 of Block 29, and all blocks 37 and 40,
Stock Island, Monroe County, Florida, approximate mile marker 5 subject to the following
conditions:
AMCU-PC Resolution
# P32-05 Final
Spottswood Stock Island Housing
DOGN 182196.7
Page 3 of 5 Bkp 2502 Pap 642
E y
Doop 1554025
Bkp 2170 PSN 2194
1. Prior to the issuance of a building permit, the following agencies shall review and approve
the project for compliance;
�W a. FDEH
b. MOT
c. County Engineer
d. KEYS
e. FKAA
2. Prior to the issuance of a building permit, the applicant shall submit a letter of coordination
to the KWRU. KWRU shall review and approve the project for compliance.
3. Prior to the issuance of a certificate of occupancy, the applicant shall indicate that the
following conditions have been met;
a. Perimeter fencing of the same material and height found at the neighboring Coral
Hammock development; and
b. Similar residential color scheme found on the neighboring Coral Hammock
development; and
c. Open porches with ceiling fans; and
d. Solar hot water heating panels; and
e. Heat pumps for air conditioning; and
f. Exterior stairways shall be constructed of noncombustible materials; and
g. Construction of a bus shelter.
4. Prior to the issuance of a building permit, the permit shall be restricted so that the emergency
access drive shall not be modified for any other use in the future. This restriction shall be
indicated on the site plan submitted to the building department.
5. Prior to the issuance of a building permit, the applicant shall submit a report that breaks
down the residential units by price along with an assessment of the potential of the
development to meet local and regional housing needs.
6. Prior to the issuance of a certificate of occupancy, the applicant shall comply with the general
provisions of Florida Statutes, Chapter 718 Condominiums and/or Chapter 720 Homeowners
Association to ensure the maintenance of common elements and open space, including the
bus shelter.
Docq 1821967
Bkq 2502 PgN 643
AMCU-PC Resolution Page 4 of 5
# P32-05 Final
Spottswood Stock Island Housing
DccN 2554825
Bkp 2170 PgN 2195
PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a
regular meeting held on the 8h day of June 2005.
Chair Lynn C. Mapes YES
Vice -Chair Denise Werling YES
Commissioner Randolph Wall YES
Commissioner Jiulio Margalli YES
Commissioner James D. Cameron YES
PLANNING COMMISS fN OF�MO OE COUNTY, FLORIDA
Ll * C. Mapes, Chair
Signed this � day of , 2005.
APPROVED AS TO FORAM
AND LEG SUFFICIENCY
BY
e s Office
v"
DOcp 1821967
Bko 2502 NO 644
MONROE COUNTY
OFFICIAL RECORDS
AMCU-PC Resolution Page 5 of 5
# P32-05 Final
Spottswood Stock Island Housing
�x�,6re d� a�
Exhibit D - Conceptual Site Plan
Doe" 1821967
Bk" 2502 PON 645
Banyan Grove FINAL 12/30/10
17
MONROE COUNTY
OFFICIAL RECORDS
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