Item S2
\.
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Division: Growth Mana~ement
Department: Nt A
Meeting Date:
Bulk Item: Yes
January 19,2000
No X
AGENDA ITEM WORDING: Public hearing to consider the approval of Development Agreement between
Paradise Island Park, Inc., Key West Oceanside Marina, Inc., Monroe County and the Florida Department of
Community Affairs under Chapter 380.032 Florida Statutes.
ITEM BACKGROUND: The Agreement proposes to transfer 22 Rate of Growth Ordinance (ROGO) exemptions
in the form of ROGO-exempt units and Transferable Development Rights (TDRs) within ten years. This Agreement
would serve to bring the Park into compliance with densities allowed by the Land Development Regulations and the
Year 2010 Comprehensive Plan, allow the Park to be redeveloped with a package sewage treatment plant, and enable
Oceanside Marina to construct 22 units previously approved through Planning Commission P52-97.
This item was heard at the November 19, 1999 Planning Commission meeting. One section of the Agreement was
amended and the item was recommended to the BOCC, as amended, unanimously.
PREVIOUS RELEVANT BOARD ACTION: None
STAFF RECOMMENDATION: Approval
TOTAL COST:
NtA
BUDGETED: Yes NtA No
COST TO COUNTY:
NtA
APPROVED BY: County Attorney X
OMB/Purchasing Nt A Risk Management
NtA
DEPARTMENT DIRECTOR APPROVAL:
f Planning
Not required
DOCUMENTATION: Included
X
DISPOSITION:
Agendaltem#: J.. S2
STAFF REPORT
Memorandum
To:
The Board of County Commissioners
~ \L.-I'('ltnf\in
Edward Koconis, AIC'p:-se~~ Administrator - Development Review
From:
Date:
December 8, 1999
SUBJECT:
DEVELOPMENT AGREEMENT BY AND BETWEEN PARADISE ISLAND PARK,
INC.; AND KEY WEST OCEANSIDE MARINA; AND MONROE COUNTY AND THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (DCA)
Meeting Date: January 19, 1999
I. BASICS OF THE DEVELOPMENT AGREEMENT (AGREEMENT)
A. Applicant: Paradise Island Park, Inc. and Key West Oceanside Marina
Agent: Franklin Greenman, Esq. for Paradise Island Park, Inc.
Donald L. Craig, AICP, The Craig Company for Key West Oceanside Marina
B. Location: Paradise Island Park, Inc. being Block 27, Sand's Subdivision, Section 25, Township 66 South,
Range 29 East, Big Pine Key, Monroe County, Florida; and
Key West Oceanside Marina being a parcel of land previously being submerged lands lying in
Hawk Channel in Section 36, Township 67 South, Range 25 East, Stock Island, Monroe
County, Florida.
C. Summary of Agreement:
Applicants request to demolish 22 dwelling units that are currently non-conforming to density in their present
location at the Park and rebuild them as condominiums at Oceanside Marina within 10 years. This transfer
would occur outside of the County's Rate of Growth Ordinance (ROGO) and requirements linked to that
ordinance because the 22 transferred units have already been counted for in terms of hurricane evacuation. The
applicants also propose several additional conditions to ensure the agreement is in the public interest.
D. Background of Affected Development:
Paradise Island Park, Inc. is a recreational vehicle/trailer park with seasonal residential transient and permanent
tenants existing in recreational vehicles and mobile homes. The Park has existed in this capacity for over 30
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years with local and state licenses for such use. There are a total of 41 units on the site, and the Park has the
right to establish a maximum density of 41 units on the property exempt from ROGO. By eliminating 22 of
these 41 units the Park would conform to the densities ofthe Land Development Regulations (LDRs) and the
Year 2010 Comprehensive Plan (Comp Plan) and would therefore allow the Park site to be redeveloped.
Monroe County Circuit Judge Sandra Taylor has issued an Order, Writ of Certiorari, in Circuit Court Case No.
94-1528-CA-18 granting the Park its request to rezone the property from Improved Subdivision (IS) to Urban
Residential Mobile Home (URM). However, this Order did not consider the Future Land Use Map (FLUM)
category and therefore a FLUM amendment from Residential Medium (RM) to Residential High (RH) is
required; and
Key West Oceanside Marina is a marina consisting of 433 wet and dry slips with accessory uses including a
restaurant, tackle shop, marine retail sales, and marine maintenance and repair. Oceanside has obtained a major
conditional use approval (Monroe County Planning Commission Resolution No. P52-l997) to add 22 dwelling
units to the existing mix of uses on the site.
II. PROCESS AND ANALYSIS OF THE AGREEMENT
E. Process and direction on how to review and consider the proposed development agreement comes
from several sources:
Monroe County Code Section 9.5-101:
This Section provides assurance to a developer that upon receipt of permits under the Land Development
Regulations (LDRs) he may proceed in accordance with existing ordinances and regulations, subject to the
conditions of the Agreement. This division will strengthen the public planning process, encourage private
participation in comprehensive planning, and reduce the economic costs of development. A development
agreement is in addition to all other local development permits or approvals required by the LDRs. A
development agreement does not relieve the developer of the necessity of complying with all Monroe County
LDRs in effect on the date that the agreement is executed.
Monroe County Code Section 9.5-102:
This Section authorizes the County Commission (BOCC) to enter into development agreements subject to a ten
year time limit, compliance with Florida Statutes, approval of all affected development prior to August 8, 1994,
and consideration within two public hearings with provision for public noticing requirements.
Sections 163.3220-163.3243Florida Statutes:
These provisions, known as the "Florida Local Government Development Agreement Act", establish
definitions, as well as procedures and standards for public review, modification, duration, approval, recordation,
execution, periodic review, local laws affecting agreements, and DCA oversight, as well as other requirements.
Section 380.032 Florida Statutes:
Monroe County and the DCA acknowledge that presently there are no specific provisions in the County Land
Development Regulations which allow for the transfer of ROGO exemptions (TREs), but such a provision may
be promulgated in the future; and
Section 380.032 Florida Statutes authorizes the DCA to enter into agreements with landowners and/or
governmental agencies to effectuate the provisions and purposes of the Florida Environmental Land and Water
Management Act, which created the Florida Keys Area of Critical State Concern (ACSC); and
Monroe County Staff and the DCA find that entering into this Agreement furthers the Purposes, Goals,
Objectives, and Policies of the Monroe County Year 2010 Comprehensive Plan (Comp Plan), particularly with
regard to Big Pine Key, and the Principles for Guiding Development of the Florida Keys ACSC designation.
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F. Terms of the Agreement:
1. The Park will provide wastewater, sewage collection and disposal through a package sewage treatment plant
approved by the Florida Department of Environmental Protection (DEP) or the Health Department.
Oceanside collects and disposes of its sanitary sewage wastewater through an existing DEP approved onsite
plant; and
2. Monroe County will initiate action to record and reflect in all appropriate County records the rezoning of the
Park property from IS to URM, based on Judge Taylor's Writ of Certiorari; and
3. Monroe County will initiate a change to the Future Land Use Map (FLUM) from Residential Medium (RM)
to Residential High (RH). However, this change will have to be approved by the BOCC and adopted by the
DCA prior to the approval of the rezoning of the Park from IS to URM; and
4. The Agreement would reduce the density ofthe Park property to a level consistent with its size and the Land
Development Regulations (LDRs) land use zoning district and the Monroe County Year 2010
Comprehensive Plan (Comp Plan) future land use designation; and
5. The Park will file and record with the Monroe County Clerk of the Court (upon sale of the TREs to
Oceanside) a deed restriction on its property limiting the density to 18 units of single-family housing or
mobile home units plus one (I) TRE; and
6. The Park will prepare and submit a redevelopment plan for the Park property to the County, which shall
specify landscaping, buffers, setbacks, open space, access, home sites, and location of a wastewater
treatment plan; and
7. The Park will demonstrate to the County and the DCA its compliance with 723.083 Florida Statutes,
providing documentation to both in the form of a list of other suitable sites and facilities for those mobile
home owners whose units are to be removed.
8. Twenty-nine residential allocations, including four for affordable housing, are currently being held whose
permits may not be issued due to the moratorium on Big Pine Key caused by insufficient capacity on US
Highway 1. The 22 subject units to be transferred from the Park allow for a credit for the daily automobile
trips generated equivalent to 22 single-family homes. The Year 2010 Comprehensive Plan limits the
number of building permits issued on Big Pine Key to eight per year. This Agreement will therefore serve
to allow a credit allowing 22 residential dwelling building permits on Big Pine Key, up to a maximum of
eight per year, without adding new vehicle trips.
9. Any cesspit credits created by the removal of cesspools or non-compliant septic systems on the Park
property up to a maximum of 22 credits shall become the property of Monroe County. Any cesspit credits
in excess of 22 shall remain the property of the Park.
10. Oceanside will donate $26,400 ($1,200 per unit) to the Monroe County Homeowner's Wastewater System
Assistance Program, which will assist three to four families in replacing cesspools through grants from this
program.
11. The 22 units at Oceanside Marina previously approved through Planning Commission Resolution P52-1997
will be able to be constructed through this Agreement.
G. Staff Recommendation:
Based on the above basics, background, and terms of this Agreement, Staff recommends APPROV AL.
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MEMO CONCERNING AMENDED CHANGE
TO DEVELOPMENT AGREEMENT
Memorandum
To:
The Board of County Commissioners
Edward Koconis, AICP, Senior Administ~ ~~ ment Review
Garth Coller, Esq. Land Use Attorney
From:
Date:
December 9, 1999
SUBJECT:
Paradise Island Park/Oceanside Marina Development Agreement
Commissioners,
This memo shall convey the single change that occurred to the proposed subject agreement at the
November 19, 1999 Planning Commission meeting. It is in section IV. B. 7. on page 17 of the
agreement. This section was changed from:
7. Any cesspit credits created by the removal of cesspools or noncompliant septic systems on
the Park property shall become the property of Monroe County. to:
7. Any cesspit credits created by the removal of cesspools or noncompliant septic systems on
the Park property up to a maximum of twenty-two (22) credits shall become the property of
Monroe County. Any cesspit credits in excess of twenty-two (22) shall remain the property
of the Park.
What this accomplishes is guaranteeing the County up to a maximum of 22 credits and allowing
. Mr. Brier to sell off any number of credits in excess of 22 to help defray the cost of a new
sewage treatment plant on the Park property.
This change was agreed to by Paradise Island Park, Oceanside Marina, and Planning Staff. The
Planning Commission voted unanimously to recommend approval of the subject agreement, as
amended, to the BOCC.
DEVELOPMENT AGREEMENT
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ("AGREEMENT") is binding on the
"effective date" as set forth herein between the Monroe County (County), a political
subdivision of the State of Florida; Paradise Island Park, Inc., (the "Park") a Florida
Corporation; Key West Oceanside Marina, Inc., (Oceanside) a Florida Corporation; and
the State of Florida Department of Community Affairs (DCA).
WITNESSETH
WHEREAS, Oceanside is the owner of real property on Stock Island, Monroe
County, Florida, located at the terminus of Maloney A venue at its intersection with
Peninsular Avenue, being further described as attached hereto in Exhibit A - Survey of
the Oceanside Property; and
WHEREAS, the Park is the owner of real property located at Sands Subdivision,
Block 27, Lots 1 through 18, Big Pine Key, Monroe County, Florida, being further
described as attached hereto in Exhibit B - Survey of the Park Property; and
WHEREAS, both Oceanside and the Park are located in the Florida Keys Area of
Critical Concern as defined by Chapter 380.0552 Florida Statutes; and
WHEREAS, Sections 380.032 and 163.3220 Florida Statutes authorizes the
Department of Community Affairs (DCA) to enter into agreements with landowners and
or governmental agencies to effectuate the provisions and purposes of the Florida
Environmental Land and Water Management Act, which created the Florida Keys Area
of Critical State Concern; and
WHEREAS, the Monroe County Year 2010 Comprehensive Plan contains objectives
and policies that seek to preserve and protect Key Deer Habitat on Big Pine Key by
directing development away from Big Pine Key (Objective 103.1, Policies 103.1.1,
103.1.7,103.1.9, 103.1.13, and 207.7.1.); and
WHEREAS, the Park is situated on Big Pine Key in the Sands Subdivision adjacent
to Key Deer Habitat; and
WHEREAS, at present, on Big Pine Key, there is a moratorium on the construction of
residential, commercial, and transient development, including recreational vehicle spaces,
due to the lack of sufficient US Highway 1 capacity for new trips generated by such uses;
and
WHEREAS, the following is a statement of the history and circumstances and status
of existing uses, land-use applications, and development approvals that apply to the Park
property:
1. The subject property is a recreational vehicle/trailer park with seasonal,
residential, transient, and permanent tenants existing in recreational vehicles and
mobile homes.
2. The Park has existed in this capacity for over thirty (30) years with local and state
licenses for such use.
3. There is a total of forty-one (41) units of ROGO (Monroe County Dwelling Unit
Allocation Ordinance) -exempt housing, or credits for same, on the site, and the
County has acknowledged that the Park has the right to establish a maximum
density of forty-one (41) units on the property exempt from ROGO.
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Walker Development Agreement
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4. To be considered consistent with the 1986 Comprehensive Plan and its successor,
the Year 2010 Comprehensive Plan, the owners of the Park have been seeking an
appropriate land-use district (zoning) designation since 1986.
5. The Park sought to resolve issues arising from the applications to obtain
appropriate zoning through litigation against the County, which the Park, the
County, and DCA acknowledge has not completely resolved all issues regarding
development.
6. Monroe County Circuit Judge Sandra Taylor has issued an Order, Writ of
Certiorari, in Circuit Court Case No. 94-1528-CA-18 granting the Park its request
to rezone the property from Improved Subdivision to Urban Residential Mobile
Home; and
WHEREAS, the Park, the County, and DCA agree that the Urban Residential Mobile
Home (URM) zoning designation and Residential High future land use designation would
bring the Park into conformity as to use with the Land Development Regulations and to
the Year 2010 Comprehensive Plan as to appropriate land use designation; and
WHEREAS, the Park is currently non-conforming to the Year 2010 Comprehensive
Plan. The future land use category, Residential Medium (RM), must be amended to
Residential High (RH); and
WHEREAS, the Park wishes to maintain the right to use or dispose of forty-one (41)
units of vested density on the site as exempt from ROGO and also obtain the URM/RH
land use designations in order to be able to replace existing units with replacement units
that meet County Floodplain Management, Building Code, and Health Code standards;
and
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Walker Development Agreement
November 17, 1999
WHEREAS, the County and DCA wish to reduce the density of the Park to that
which would be consistent with the Land Development Regulations; and
WHEREAS, with regard to the Oceanside property, the following is a statement of
the history, circumstances, and status of existing uses, land use applications, and
approvals that apply to the Oceanside property:
1. Oceanside is a marina of four hundred thirty-three (433) wet and dry slips
with accessory uses consisting of a restaurant, tackle shop, marine retail
sales, and marine maintenance and repair.
2. Oceanside has obtained a major conditional use approval for modification of
its land use approval in order to add twenty-two (22) units of single-family
housing to the existing mix of uses, the whole of which is consistent with the
Land Development Regulations and the Year 2010 Comprehensive Plan. See
Exhibit C - Monroe County Planning Commission Resolution No. P52-1997
- Modification of Major Conditional Use - Oceanside Marina.
3. Oceanside Marina cannot complete the major conditional use by adding the
residential units solely because of the fact that there are not sufficient
dwelling unit allocations available according to the requirements of the
Monroe County Residential Dwelling Unit Allocation Ordinance (ROGO),
Sections 9.5-120 through 9.5-124.0, inclusive; and
WHEREAS, both the Park and Oceanside were in existence at the time of the
County's analysis and census of existing dwelling units, July 1990, whose results formed
a major basis of the ROGO ordinance cited above; and
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Walker Development Agreement
November 17, 1999
WHEREAS, the County and DCA acknowledge that the transfer of ROGO
exemptions from the Park is not currently allowed per the Land Development
Regulations, Sections 9.5-120 through 9.5-124.0, inclusive; and
WHEREAS, the County and DCA acknowledge that the transfer of excess residential
density in the form of Transferable Development Rights (TDR's) is not currently allowed
per the Land Development Regulations, Sections 9.5-120 through 9.5-124.0; and
WHEREAS, at present there are twenty-nine (29) Residential Rate of Growth
Ordinance (ROGO) Allocations for single family homes on Big Pine Key for which
building permits may not be issued due to the moratorium caused by lack of US Highway
1 capacity; and
WHEREAS, those applicants who have been issued the twenty-nine (29) ROGO
Allocations have been put on a waiting list awaiting the lifting of the moratorium; and
WHEREAS, four (4) of the twenty-nine (29) ROGO Allocations represent applicants
who qualify for affordable housing preferences as defined by the Monroe County Land
Development Regulations; and
WHEREAS, the twenty-two (22) units of ROGO Exemptions to be transferred from
the Park represent a number of daily automobile trips generated equivalent to twenty-two
(22) single family homes, and the units that were present on Big Pine Key five (5) years
ago when the traffic moratorium was instituted by the County and FDCA; and
WHEREAS, the Year 2010 Comprehensive Plan limits the number of building
permits issued each year on Big Pine Key to eight (8), whose ROGO Allocations are
available; and
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Walker Development Agreement
November 17,1999
WHEREAS, allowing a credit for twenty-two (22) of the twenty-nine (29) ROGO
Allocations on the waiting list based upon the trips allocated to the ROGO Exemptions at
the Park would serve to grant building permits long on the waiting list, without adding
new development to Big Pine Key; and
WHEREAS, according to the 1999 Monroe Public Facilities Capacity Analysis, there
is excess traffic capacity for US Highway 1 serving Stock Island; and
WHEREAS, the County and DCA acknowledge that the transfer of ROGO
exemptions from the Park, which is in excess of that allowed by the Land Development
Regulations for a property of that size, would meet several Objectives and Policies of the
Year 2010 Comprehensive Plan with regard to Big Pine Key; and
WHEREAS, the County and DCA find that entering into this Agreement furthers the
Purposes, Goals, Objectives, and Policies of the Year 2010 Comprehensive Plan and the
Principles for Guiding Development of the Florida Keys Area of Critical State Concern
designation.
NOW THEREFORE, the parties do hereby agree as follows:
I. PURPOSE OF AGREEMENT
The purpose of this Agreement is threefold:
A. To resolve all existing litigation between the County and the Park with respect to
the appropriate zoning and future land use designation for the Park property, the
ability to replace existing units with permanent single-family home structures,
and the ability to use or maintain the existing density on the property, and to
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Walker Development Agreement
November 17, 1999
transfer existing or credits for previously existing ROGO exempt units to other
properties within the County.
B. To allow Oceanside to become a receiver site for the excess ROGO exemptions
available from the Park as enumerated above and to limit Oceanside's role in this
Agreement to that purpose.
C. To reduce the density of the Park property to a level consistent with its size and
the Land Development Regulations zoning designation and Year 2010
Comprehensive Plan future land use category.
D. To allow Monroe County to apply as a "credit" the automobile trips generated by
residences to be removed from the Park to ROGO Allocation recipients who are
currently on a waiting list for building permits on Big Pine Key.
II. STATUTORY AND CODE REQUIREMENTS
The parties recognize the binding effect of 163.3220 and 380.032 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 properties that are subject to this Agreement are described in Exhibit A, a
survey of the Oceanside property, and Exhibit B, a survey of the Park property.
B. Duration of Agreement
This Agreement shall remain in effect for ten (10) years from its effective date as
defined herein. It is the intention of the County and DCA to promote rational
and timely development of the properties to maximize best land use management
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Walker Development Agreement
November 17, 1999
practices consistent with the landowner's rights and commitments described
herein.
c. Permitted Uses
1. The development uses permitted on the properties, including the population
densities and building intensities and heights are: As to the Oceanside
property, the development approved is set forth in Exhibit C, Oceanside
Development Order No. P52-1997, inclusive of twenty-two (22) single-
family residential units enabled by the transfer of ROGO exemptions from
the Park. As to the Park property, the allowed uses shall be the following:
a. Residential use - nineteen (19) units of housing subject to the conditions
set forth in Sections II D.4; II E.2; IV B.l, 4,5, and 6; IV C.2; and IV F
of this Agreement and other appropriate uses.
b. Accessory uses, including but not limited to sewage treatment plant,
landscaping, and accessory storage for each unit.
For the duration of this Agreement, the parties agree that any and all of the
approved development shall adhere to, conform to, and be controlled by this
Agreement, Exhibit C, the Land Development Regulations, and the Year
2010 Comprehensive Plan governing the development of the land effective
when the County, Oceanside, the Park, and DCA execute this Agreement as
authorized by Section 163.3220 and 380.032, Florida Statutes; however, in
no way shall this section require Oceanside to undertake the responsibilities
of the Park, nor shall this section require the Park to undertake Oceanside's
responsi bili ties.
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Walker Development Agreement
November 17,1999
2. In the event that all or a portion of the existing or authorized development
subject to this Agreement should be destroyed by a storm, fire, or other
common disaster, Oceanside and the Park, their grantees, successors, or
assigns shall have the right to rebuild or repair so long as such work is in
compliance with this Agreement.
D. Public Facilities
1. The Florida Keys Aqueduct Authority provides domestic potable water to
both properties.
2. Electric service is provided by City Electric System to both properties.
3. Solid waste service is provided to both properties by a solid waste collection
system franchised by Monroe County.
4. The Park shall provide wastewater and sewage collection and disposal via an
onsite package sewage treatment plant approved by the Florida Department
of Environmental Protection (DEP) or the Health Department at the time of
building permit application.
5. Oceanside collects and disposes of its sanitary sewage wastewater via an
onsite plant approved by DEP.
E. Local Development Permits
The following is a list of all development permits approved or needed to be
approved for the development of the property as specified and requested in this
Agreement:
1. Approved Development Permits
a. This Agreement
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Walker Development Agreement
November 17, 1999
b. The approved, final site plan, landscape plan, drainage plan, and building
elevations and floor plans as encompassed by and referred to in Monroe
County Planning Commission Resolution No. P52-1997 attached hereto
as Exhibit C for the redevelopment of the Oceanside Marina.
2. Further Development Permits Required
a. Amendment of the future land use category of the Park from Residential
Medium (RM) to Residential High (RH).
b. Approved minor conditional use development order for redevelopment of
the Park.
c. Approved minor conditional use development order for the transfer of one
(I) TOR and ROGO-exempt dwelling unit from the Park to a receiver site.
The Park shall file the minor conditional use development application at the
time it identifies a site for the transfer. The County will charge Five
Hundred ($500.00) Dollars for the application.
d. Building and related construction permits for all main and accessory
structures, land clearing, and landscaping as appropriate on Oceanside and
the Park properties.
e. Federal, State, South Florida Regional Planning Council, and Monroe
County permits for storm-water runoff and dredge and fill if required.
f. Building permits for twenty-two (22) of the twenty-nine (29) ROGO
Allocation recipients now on a waiting list for Big Pine Key.
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Walker Development Agreement
November 17,1999
F. Finding of Consistency
By entering into this Agreement, the County and DCA find that the development
permitted or proposed herein is consistent with and furthers the Monroe County
Year 2010 Comprehensive Plan and all applicable land development regulations.
G. Breach, Amendment, Enforcement, and Termination
Exclusive of any others except those imposed by law, the following additional
conditions, terms, restrictions, or other requirements are also determined by the
parties to be necessary for the execution and enforcement of this agreement:
1. Breach of Agreement and Cure Provisions
a. Upon the Park's or Oceanside's material breach of the terms and
conditions of this Agreement, Monroe County or DCA shall serve written
notice on and shall provide the Park or Oceanside the opportunity, within
ninety (90) days, propose a method of fulfilling the Agreement's terms
and conditions or curing the breach. The County or DCA shall allow the
Park or Oceanside an opportunity to cure the breach or to negotiate an
amendment to this Agreement within a reasonable time, not to exceed
one hundred eighty (180) days after the Park or Oceanside's response or
proposal absent exigent circumstances.
b. The following events, unless caused by fire, storms, floods, or other acts of
God or events beyond the control of the Park or Oceanside are to be
considered a material breach of this Agreement: (1) the failure to maintain
the open space provisions of this Agreement shown in Exhibit C; (2) the
failure to maintain conditions placed on permits or approvals contained in
or issued as a direct result of this Agreement; (3) the failure to comply
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Walker Development Agreement
November 17, 1999
with applicable permitting requirements of Monroe County after notice
and opportunity within ninety (90) days to commence to comply with such
permitting requirements or, if applicable, to commence compliance with
such requirements and have completed within a reasonable time frame, not
to exceed one hundred eighty (180) days, as mutually agreed by the parties
if compliance requires more than sixty (60) days.
c. If Monroe County, through its Director of Planning finds that the Park or
Oceanside or a successor is in material breach of this Agreement, and after
notice is given as provided herein to respond to or cure said breach, the
Park or Oceanside fails within a reasonable time to respond, cure, or
secure and amendment resolving the breach, the County may utilize
appropriate code enforcement remedies to cure any breach.
2. Amendment, Termination, or Revocation
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. Amendments to this Agreement shall subject
the Park and Oceanside to the laws and policies in effect at the time of the
amendment only if the conditions of 163.3233 (2) Florida Statutes are met. It
is further agreed that no modifications, extensions, amendments, or
alterations of the terms or conditions contained herein shall be effective
unless contained in a written document approved and executed by the parties
to this Agreement.
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Walker Development Agreement
November 17,1999
3. Hearing Requirements
a. Before amending, terminating, or revoking this Agreement, Monroe
County shall conduct at least two (2) public hearings.
b. Notice of intent to amend, terminate, or revoke this Agreement shall be
advertised at least seven (7) days before the public hearing in a
newspaper of general circulation and readership in Monroe County. The
day, time, and place of any further public hearing shall be announced at
the first public hearing and the date thereof shall be advertised at least
seven (7) days before such public hearing. The notices shall specify the
location of the property subject to this Agreement, the development uses
proposed on the property, the proposed population densities, and the
proposed building intensities and height, and shall specify a place where
a copy of the proposed amendment, termination or revocation, and
supporting information can be obtained.
4. State and Federal Law
If State or Federal laws enacted after the effective date of this Agreement
preclude any party's compliance with the terms of this Agreement, this
Agreement shall be modified as is necessary to comply with the relevant state
or federal laws; however, this Agreement shall not be construed to waive or
supersede any contention under law that the Park or Oceanside has acquired
vested rights under prior law.
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Walker Development Agreement
November 17,1999
5. Enforcement
a. Monroe County, the Park, or Oceanside, their successors or assigns, any'
aggrieved or any adversely affected person as defined in 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 163.3243 and 380.032
Florida Statutes.
b. Nothing contained herein shall limit any other powers, rights, or remedies
that any party has, or may have in the future, to enforce the terms of this
Agreement.
III. Compliance with Other Laws
The failure of this Agreement to address a particular permit, condition, term, or
restriction shall not relieve the Park or Oceanside of the necessity of complying
with the laws governing said permitting requirements, conditions, terms or
restrictions.
IV. Additional Provisions
A. Zoning Designation
Monroe County shall initiate upon the signing of this Agreement action to
record and reflect in all appropriate County records the rezoning of the Park
property from its previous Improved Subdivision (IS) to URM-RH (Residential
High), based on Judge Taylor's Writ of Certiorari in Circuit Court Case No. 94-
1528-CA-18. However, according to Florida Statutes, Chapter 163.3194(1), all
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Walker Development Agreement
November 17, 1999
land use decisions must be consistent with all elements of the Comprehensive
Plan. Therefore, in addition to being consistent with the Objectives and Policies
of the Comprehensive Plan, a change can only be granted if the requested
zoning is consistent with the future land use designation for the property.
Pursuant to this statute, Monroe County shall initiate a change to the future land
use map from Residential Medium (RM) to Residential High (RH) upon the
signing of this Agreement. This change shall be adopted by the County and
approved by the DCA prior to the approval of the rezoning of the Park to Urban
Residential Mobile Home (URM). By signing this Agreement, the County and
DCA acknowledge the appropriateness of the URM zoning for the Park
property. The County shall allow the Park to submit an application for minor
conditional use approval of the redevelopment of the Park contemporaneously
with the County's initiation of the change of future land use map for the Park,
B. Transfer of ROGO Exemptions and TDR's
1. The County and DCA acknowledge that the Park has excess density in the
form of ROGO exempt units and TDR's that, by the covenants and
stipulations of this Agreement, may be transferred to other properties.
2. The County and DCA shall allow the transfer of twenty-two (22) ROGO
exemptions and TDR's from the Park to Oceanside to allow the construction
of the residential component of Monroe County Planning Commission
Resolution No. P52-1997, Exhibit C.
3. Should circumstances beyond the control of Oceanside prevent the use of
some or all of the twenty-two (22) ROGO exemptions, Oceanside shall have
Page 15 of 26
Walker Development Agreement
November 17. 1999
the ability to transfer those RaGa exemptions obtained from the Park to
other properties within the Lower Keys RaGa subarea, exclusive of Big
Pine and No Name Keys; and excluding any properties receiving negative
points associated with Habitat Protection; Threatened, Endangered or Species
of Special Concern Animal Species; or Critical Habitat Areas pursuant to
Policy 101.5.4 of the Monroe County Year 2010 Comprehensive Plan,
subject to County approval via a minor conditional use approval.
4. The Park shall have the right to transfer an additional one (1) RaGa
exemption to another property within the Lower Keys RaGa subarea,
exclusive of Big Pine and No Name Keys; and excluding any properties
receiving negative points associated with Habitat Protection; Threatened,
Endangered or Species of Special Concern Animal Species; or Critical
Habitat Areas pursuant to Policy 101.5.4 of the Monroe County Year 2010
Comprehensive Plan, subject to County approval via a minor conditional use
approval.
5. None of the RaGa exemptions or TOR's transferred from the Park may be
transferred to a site that is more environmentally sensitive than the Park
property, pursuant to Section 9.5-343 of the Monroe County Land
Development Regulations, nor shall the ROGO exemptions be transferred to
the Offshore Island, Mainland Native, Native, Sparsely Settled, or Parks and
Refuge land use districts.
6. Prior to the approval of any building permit which is issued pursuant to the
minor conditional use order transferring any ROGO exemptions and TDR's
Page 16 of 26
Walker Development Agreement
November 17,1999
to Oceanside, the Park shall demonstrate to the County, through twenty-two
(22) demolition permits or other evidence acceptable to the County which
documents the required removal of units, and provides evidence that a deed
restriction has been placed on the Park property permitting its development.
up to a maximum of eighteen (18) single-family dwelling units.
Demonstration by the Park and confirmation by the County shall occur
within 30 days of the recording of this Agreement. For the purposes of this
Agreement, this shall mean that the Park can demonstrate that mobile homes
have previously been removed from the site or that the mobile homes will be
removed within 30 days. Nothing in this provision shall abridge the rights of
a tenant at the Park to exercise his/her rights under F.S. 723. Insofar as the
time limits for the removal and transfer of any unit at the park are delayed by
the exercise of those rights, the time periods of this provision, as to that unit
only, are tolled.
7. Any cesspit credits created by the removal of cesspools or noncompliant
septic systems on the Park property up to a maximum of twenty-two (22)
credits shall become the property of Monroe County. Any cesspit credits in
excess of twenty-two (22) shall remain the property of the Park.
C. Allocation of Traffic Credits to Big Pine Key ROGO Waiting List
Monroe County shall be allowed to recognize the traffic generated by the
twenty-two (22) RaGa Exemptions removed from the Park as a credit which
shall be applied only to twenty-two (22) of the twenty-nine (29) units of existing
RaGa Allocations presently on a waiting list for building permits on Big Pine
Page 17 of 26
Walker Development Agreement
November 17, 1999
Key. The County shall apply the credits on a unit for unit basis, and shall limit
the number of credits used per year to not more than eight (8).
D. Oceanside Affordable Housing Donation
Oceanside will donate $26,400.00 to the Monroe County Homeowners
Wastewater System Assistance Program.
E. Impact Fees
1. Impact fees assessed Oceanside for the development enabled by the transfer
of the twenty-two (22) RaGa exemptions shall be for single-family homes.
2. The impact fee for the remaining one (1) unit shall be assessed as a single-
family home prior to the issuance of a building permit less the credit for the
impact fee for the existing one (1) mobile home.
F. Method of Approval for Transfer of Density
This Agreement shall be the instrument that allows the transfer of twenty-two
(22) units of transferable density rights from the Park to Oceanside. The Park
shall file and record with the Monroe County Clerk of Court (upon sale of the
transferable development rights to Oceanside) a deed restriction on its property
limiting the density to eighteen (18) units of single family housing or mobile
home units plus one (1) transferable RaGa exemption.
G. Termination of Legal Proceedings Against County
Upon the signing of this Agreement by all parties and its subsequent recordation
with the Monroe County Clerk of Court, the Park shall terminate, withdraw, and
cease all claims and actions in law against Monroe County and the State of
Florida Department of Community Affairs (DCA) filed in local or circuit court
Page 18 of 26
Walker Development Agreement
November 17. 1999
or court of appeals related to zoning, site development, or code enforcement on
the Park property.
H. Development Site Plan Approvals for the Park
The Park shall have the sole responsibility of preparing a redevelopment plan for
the Park property, which shall specify landscaping, buffers, setbacks, open space,
access, home sites, and location of wastewater treatment plant. The Park shall
submit the plan as part of a minor conditional use application within 60 days of
the recording of this Agreement. The County shall process the plan via a minor
conditional use approval within 120 days of the recording of this Agreement.
The approval of the Park's redevelopment plan shall not be a condition precedent
to the transfer of ROaD exemptions to Oceanside, nor shall approval of the
redevelopment plan be required prior to the construction of units at Oceanside.
This Agreement supersedes the time requirements of Section 9.5-72(a)(1).
I. Park Compliance with 723.083 Florida Statutes
The Park shall demonstrate to the County and DCA its compliance with 723.083
Florida Statutes, if applicable. For the purposes of this paragraph and
compliance with 723.083 Florida Statutes, the Park shall provide documentation
to the County in the form of a list of other suitable facilities for those mobile
home owners whose units would be removed. The specified list shall be
provided to the County prior to a demolition permit being issued.
Page 19 of 26
Walker Development Agreement
November 17, 1999
41."'"
J. 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.
Recording fees shall be paid by the Park or Oceanside.
K. Entire Agreement
This Agreement incorporates and includes all prior negotiations, correspondence,
conversations, agreements, or understandings applicable to the matters contained
herein and the parties agree that there are no commitments, agreements, or
understandings concerning the subject matter of this Agreement that are not
contained in or incorporated into this document. Accordingly, it is agreed that
no deviation from the terms hereof shall be predicated upon any prior
representations or agreements, whether oral or written.
L. 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.
M. Limitation on Individual Liabilities and Responsibilities
Notwithstanding the individual liabilities and responsibilities of Oceanside and
the individual liabilities and responsibilities of the Park, as described by this
Agreement, nothing herein shall require the acts or responsibilities of Oceanside
to be a condition precedent to the Park being able to carry out the development
authorized by this Agreement (with the exception of the transfer of ROGO
Page 20 of 26
Walker Development Agreement
November 17,1999
exemptions to Oceanside), nor shall the acts or responsibilities of the Park be a
condition precedent to Oceanside being able to carry out the development
authorized by this Agreement or Development Order No.P52-1997 (Exhibit C),
with the exception of the twenty-two (22) units of ROGO exemptions
transferred from the Park. Should the Park fail to transfer the twenty-two (22)
units of ROGO exemptions to Oceanside, nothing in this Agreement shall
prevent Oceanside from obtaining the twenty-two (22) units of ROGO
exemptions from another source.
N. 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.
o. 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.
P. Successors and Assigns
This Agreement shall be binding upon the parties hereto, their successors in
interest, heirs, assigns, and personal representatives.
Q. Notices
All notices, demands, requests, or replies provided for or permitted by this
Agreement shall be in writing and may be delivered by anyone 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
Page 21 of 26
Walker Development Agreement
November 17, 1999
prepaid, to the addresses stated below; or (c) by deposit with an overnight
express delivery service. Notice shall be deemed effective upon receipt.
For purposes of notice, demand, request, or replies:
The address of Monroe County shall be:
Mr. James Roberts
County Administrator
5100 College Rd.
Key West, FL 33040
The address of the Park shall be:
Mr. John J. Brier and Ms. J. Leslie Brier
Paradise Island Park, Inc.
59001 Overseas Highway
Marathon, FL 33050
The address of Oceanside shall be:
Mr. Roger Greene and
Key West Oceanside Marina
5960 Peninsular A venue
Key West, FL 33040
Marci Rose
818 White St.
Key West, FL 33040
The address of the Department of Community Affairs shall be:
Mr. Steven Siebert
Secretary
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, FL 32399
R. Effective Date
The effective date of this Agreement shall be upon last of the signing by all
parties and delivery of proof of recordation to the County.
(Signature pages follow)
Page 22 of 26
Walker Development Agreement
November 17, 1999
IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day
and year below written.
Signed, sealed, and delivered in the presence of:
Witness: Paradise Island Park, Inc.
(FLORIDA)
By:
Print Name
John J. Brier
Dated:
Signature
By:
Printed Name
J. Leslie Brier
Dated:
Signature
State of Florida
County of Monroe
The foregoing instrument was acknowledged before me on this
1999,by and
are personally known to me or produced
identification and did not take an oath.
day of
They
as
Notary Public
Printed name
My commission expires:
My commission number:
Page 23 of 26
Walker Development Agreement
November 17, 1999
IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day
and year below written.
Signed, sealed, and delivered in the presence of:
Witness:
Key West Oceanside Marina, Inc.
(FLORIDA)
By:
Print Name
President
Dated:
Signature
Printed Name
Signature
State of Florida
County of Monroe
The foregoing instrument was acknowledged before me on this
day of
,1999,by
He is personally
known to me or produced
as identification and
did not take an oath.
Notary Public
My commission expires:
My commission number:
Page 24 of 26
Walker Development Agreement
November 17,1999
APPROV AL OF THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
By:
Print Name
Secretary
State of Florida
County of
The foregoing instrument was acknowledged before me on this
day of
1999, by
. He/she is personally known to me or
produced
as identification and did not take an oath.
Notary Public
My commission expires:
My commission number:
Page 25 of 26
Walker Development Agreement
November 17,1999
APPROVAL OF MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
On the
day of
, 1999, Monroe County Board of
County Commissioners approved this Development Agreement by Resolution No.
ATTEST:
MONROE COUNTY, FLORIDA
DANNY KOLAGE
COUNTY CLERK
By: MAYOR SHIRLEY FREEMAN
BY
Page 26 of 26
Walker Development Agreement
November 17, 1999
RESOLUTION P52-97
}of,ONROE COUNTY
OFFICIAL RECORDS
I Exhibit C I
FILE #:L:L 40 a 34
BK':L 5 9 3 PG.6 2 3
RCD Aug 24 1999 03:41PM
DANNY L KOLHAGE, CLERK
RESOLUTION NO. PS2-97
A RESOLUTION BY THE MONROE COUNTY PLANNING COM-
MISSION APPROVING WITH CONDITIONS THE REQUEST
OF. DOUGLAS WALKER, FOR AN AMENDMENT TO A MAJOR
CONDITIONAL USE TO CONSTRUCT TWENTY-TWO (22)
ATTACHED DWELLING UNITS (2-LEVEL, 2BR CONDOMINI-
UM UNITS AT 1,480 S.F. EACH); ONE (1) SWIMMING
POOL; A 372 S.F. POOL HOUSE & OFFICE; A 120 S.F.
OBSERVATION GAZEBO WITH AN ASSOCIATED WALKWAY; A
22,000 S.F. BOAT STORAGE BUILDING; A 2,485 S.F.
ADDITION TO THE EXISTING SAILFISH RESTAURANT;
AND RENOVATIONS TO THE BAIT SHOP, THE DOCK MAS-
TER'S OFFICE AND THE FUEL TANKS ON PROPERTY
DESCRIBED AS LOTS 1, 2 , AND 3 , BLOCK 60 , AND
PART OF LOTS 1 AND 2, BLOCK 61, MALONEY SUBDIVI-
SION, STOCK ISLAND, MONROE COUNTY, FLORIDA, MILE
MARKER 5. THE LAND USE DESIGNATION IS MIXED USE
(MU) AND THE REAL ESTATE NUMBER IS 00127420.
WHEREAS, during a regular meeting held on July 10, 1997,
the Monroe County Planning Commission conducted a public hearing
on the request filed by Douglas Walker for an amendment to a
major conditional use to Oceanside Marina; and
WHEREAS, the proposed development is located on property
legally described as lots 1, 2, and 3, Block 60, and part of lots
1 and 2, Block 61, Maloney Subdivision, Stock Island, Monroe
County, Florida; and
WHEREAS, the above-described property ~s located ~n the
Mixed Use (MU) land use district; and
WHEREAS, the Planning Commission
following evidence, which by reference
a part of the record of said hearing:
was presented with the
is hereby incorporated as
1. The Major Conditional Use Permit Application received
by Monroe County Planning Department on February 3, 1997
including a site plan dated January 24, 1997, a survey
dated January 30, 1997, elevation drawings dated January
24, 1997, a revised level 3 traffic study dated June 6,
1997, a revised site plan dated July 3, 1997; and
2. The staff report prepared by Edward Koconis, Development
Review Planner and Ralph Gouldy, Environmental Planner
dated June 12, 1997; and
page 1 of 4
AMWALKER.16/TXTDR, #97021
Initials~
3.
FILE #:&...:&... 40834
BK#:L. 5 9 3 PG# G :2 4
The amendment to the staff report prepared by
Koconis, Development Review Planner and Ralph
Environmental Planner dated June 26, 1997; and
Edward
Gouldy,
4. The sworn testimony of the Growth Management Staff; and
5. The presentation by Jose Gonzalez of Gonzalez Archi-
tects, agent for the applicant; and
WHEREAS ,
Findings of
presented:
the
Facts
Planning Commission has made the following
and Conclusions of Law based on the evidence
1. Based on the site plan, we find that the applicant is propos-
ing an increase in the commercial floor area developed on the
site. Therefore, we conclude that the proposed commercial
development is subject to Objective 101.3 of the Year 2010
ComDrehensive Plan and must receive allocations in the non-
residential permit allocation system or receive a determina-
tion of vested rights; and
2. Based on the application, we find that 22 residential units
are being proposed. Therefore, we conclude that the residen-
tial units are subject to the provisions of sections 9.5-120
through 124, the Rate of Growth Ordinance (ROGO) which re-
quires that the dwelling units be granted allocations prior
to building permits being issued; and
3. Based on the site plan, the applicant is proposing 22 dwell-
ing units which is the maximum net density permitted on the
site pursuant to Section 9.5-262 of the Monroe County Code.
Therefore, we conclude that 18.31 Transferable Development
Rights (TDRs) are needed in order to construct the proposed
development; and
4. Based on the application, the applicant is requesting a waiv-
er of the shoreline setback to add a second floor and veran-
das to the existing tackle shop and dock master office which
are located wi thin the shoreline setback. We conclude that
there is not sufficient justification to waive the setback to
add the second floors. However, a waiver of the shoreline
setback is justified for renovations only due to the exis-
tence of these structures wi thin the shoreline setback, the
fact that renovations to the buildings will not increase the
impermeable area within the setback and the fact that mea-
sures will be taken to channel runoff away from the
waterbody; and
5. Based on the revised site plan, the residential structures
and restaurant conform to the height limit of 35'. While
acceptable structure heights have been submitted in the form
of a letter, heights of all structures must be included on
revised plans. Therefore, we conclude that the proj ect is
not in compliance with Section 9.5-283; and
page 2 of 4
AMWALKER.16/TXTDR, #97021
InitialsA
6. Based on a meeting with the applicant, the applicant has
stated that no more than 205 boats will be in dry slips I
however, the number of dry slips in these buildings has not
been indicated on the plans. Therefore, we conclude that the
project is in compliance with Section 9.5-351 as long as the
entire site has no more than 205 boats stored in dry slips;
and
7.
Based on the application, we find that the required
stormwater management plan, including the calculations, has
not been submitted. Therefore, we conclude that until the
County Engineer approves the plan, the project is not in
compliance with Section 9.5-293; and
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8.
Based on the community impact report, we find that the appli-
cant has proposed to abandon the existing sewage treatment
plant and replace it with a package sewage system. The appli-
cant has initiated coordination with the Florida Department
of Environmental Protection (DEP) but has not received a DEP
permit. Therefore, we conclude that compliance cannot be
determined with Section 9.5-294 until an approved application
from DEP is submitted; and
9. Based on the boundary survey, elevation plans, and the re-
vised site plan, we find that the lowest supporting beam of
two (2) structures (condominium buildings) located in a VE
(high-hazard area) zone is not elevated to the proper height.
Therefore, we conclude that the project is not in compliance
with Section 9.5-317; NOW THEREFORE,
BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY,
FLORIDA, that the preceding Findings of Fact and Conclusions of
Law, support their decision to APPROVE the Major Conditional
Use request of Douglas Walker for Oceanside Marina with the fol-
lowing conditions:
1. If vesting is not granted the project shall be subject to the
existing commercial moratorium.
2. 18.31 TDRs shall be approved as a minor conditional use prior
to the submission of a building permit for the construction
of the four (4) condominium buildings.
3. Plans indicating the heights of all structures with points of
reference shall be submitted to the Planning Department prior
to approval of the Planning Commission Resolution.
4. Boat storage shall be limited to 205 dry slips.
5. The stormwater management plan and calculations shall be sub-
mitted and approved by the County Engineer prior to the issu-
ance of a Building Permit.
page 3 of 4
AMWALKER.16/TXTDR, #97021
Initials~
. '" ~
6. Plans indicating finished floor elevations of all structures
shall be submitted to the Planning Department and all struc-
tures shall conform to the Flood Management Criteria of Sec-
tion 9.5-317 prior to approval of the Planning Commission
Resolution.
7.
A waiver is granted for renovations to the tackle shop, dock
master's office and fuel tank structure provided that the
roofs have gutters installed to channel runoff away from the
water in accordance with the stormwater management plan. No
waiver is granted for second floor additions to any building
within the shoreline setback.
8.
A permi t
proposed
Planning
mit.
from Department of Environmental Protection for the
package sewage system shall be submitted to the
Department prior to the issuance of a Building Per-
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9.
All residential units are subject to the Residential Rate of
Growth Ordinance.
PASSED AND
County, Florida,
July, 1997.
ADOPTED by the Planning Commission of Monroe
at a regular meeting held on the 10th day of
Chair Hansley
Vice-Chair Nugent
Commissioner Chaplin
Commissioner Mannillo
Commissioner Gorsuch
~
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BY
PLANNING COMMISSION OF
MONROE COUNTY, FLORIDA
BY~~ ~~J ~
illy Gorsuch, Chair
Signed
{i
I ~" da y 0 f
/tu (;.-uS I
, 1999.
MONROE COUNTY
OFFICIAL RECORDS
page 4 of 4
AMWALKER.16/TXTDR, #97021
Initials~