Item O15 015
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
James K.Scholl,District 3
m' David Rice,District 4
Board of County Commissioners Meeting
September 20, 2023
Agenda Item Number: 015
2023-1548
BULK ITEM: Yes DEPARTMENT: County Attorney
TIME APPROXIMATE: STAFF CONTACT: Peter Morris
No
AGENDA ITEM WORDING: Approval of a Settlement Agreement by and between Monroe
County, Florida, and 17RM Investments, LLC.
ITEM BACKGROUND:
This is an agreement to settle (potential) litigation between the County and 17RM Investments, LLC.
In short, the agreement relates to and achieves the following:
17RM Investments, LLC ("17RM") owns 7 undeveloped and vacant parcels on the ocean-side of Key
Largo (approximate mile marker 98.5). In 2018 the Planning & Environmental Resources Department
issued a letter of understanding ("LOU") to 17RM which imposed a 25-foot front yard setback on these
7 parcels.
The BOCC abandoned the right-of-way fronting 17RM's parcels in 1998, and since then these parcels
have been fronted by a private access easement. To comply with the LOU's front-yard setback
requirement 17RM obtained a variance from the Planning Commission, but nearby property owners
seeking to prevent 17RM from developing sued 17RM and the County seeking to quash the Planning
Commission variance.
Since that litigation was filed 17RM has taken the position that no front-yard setback requirement
should apply because the private easement is not a"road"under the relevant provisions of the Code and
Florida Statutes.
4032
The County Attorney's Office and Planning & Environmental Resources Department have reviewed the
salient provisions of the Code and Florida Statutes and concur with 17RM that no 25-foot front yard
setback requirement should ever have been imposed. The attached Settlement Agreement voids the
LOU's imposition of a 25-foot front-yard setback and voluntarily vacates the variance. Approval of the
attached Settlement Agreement will bring appropriate finality to this dispute, will avoid incurring
unnecessary costs, fees, and expenses defending against litigation with 17RM, and will likely moot the
litigation initiated by the neighbors seeking to quash the variance.
PREVIOUS RELEVANT BOCC ACTION:
N/A
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
2018 Deter ination(s).pdf
Settlement Agreement Executed by 17RM Investments, LLC (Stamped-and-Signed).pdf
FINANCIAL IMPACT:
N/A
4033
County of Monroe
- Board of Count Commissioners
Planning and Environmental l'�,osrnnrces Department s� �'��� �"' ', Mayor David twice,District 4
798 Overseas Highway,Suite 410
Marathon, Florida 33050-42.77 wu��" �� °� Mayor Fero"tens Sylvia J.Murphy,District 5
Voice: (305)289-2500 apt Danny L. Kolhage,District 1
Fax: (305)289-2536 George Neugent,District 2
]-leather Carruthers,District 3
We strive to be caiiix,g,proji ssiotaal,urad fitrr..
May 22, 2018
VIA EMAIL TO gaymarie2l @yahoo.com
Gay Marie Smith
P.O. Box: 1635
Tavernier, Florida 33070
Letter of Understanding (File # 2 17-1 2), vacant laid at 263, 267, 271, 275, 279, 283, and 287
Peninsula Way, Key Largo, Lots 1. - 25 Ivey Largo Ocean Shares addition (R 4-124), Key Largo,
Monroe County, Florida, Real Estate #s 00500600-000000, 0050061.0-000000, 05 0620-0000 0,
005006,30-000000, 00500640-00 000, 0 500650-00000 , and 0 50 6600-000000
Pursuant to Section 11.0-3 of the Monroe County Land Development. Code (the "Code"), this document
shall constitute a Letter of Understanding (LOU) following your request for a Pre-Application Conference
with. Planning and Environmental Resources Department staff. The purpose of a Pre-Application
Conference is to acquaint the participants with the requirements of the Land Development Code,
applicable Comprehensive Plan policies and the views and concerns of the County. The substance of the
Pre-Application Conference held on March 7, 2015 is recorded in this LOU, which sets forth the subjects
discussed at the conference and the County's position about the subject smatters discussed..
In attendance at the pre-LlPPlicalion d`o12fE'd"ence 11?ere:
®1 Ricardo Montero, 17RM Investments LLC
Is amile Montero, 1.7RM Investments LLC
Gay Marie Smith, Agent
Rolando Gonzalez, Contractor/Agent
Steve Zavalney, Deputy Fire Marshal, Upper Keys
® Devin Rains, Principal Planner, Monroe County
® Kevin Bond, Planning and Development Review Manager, Monroe County
Michael Roberts, Senior-Administrator of Environmental. Resources, Monroe County
Materials i als sul initted fur review included:
® Sketch of Boundary Survey, 08/12/2017, by 360 Surveying and Mapping, LLC
• Master Site Plan Revision "B" 10/08/201.0
1. APPLICANT PROPOSAL
The proposed development involves the development of the subject property — Lots 19 - 25 — into five (5)
single family detached dwelling units along with casement access road and related sitework.
Proposed five:(5)Detached Dwelling Units Letter of Llnderstandina(File ff 2017-142)
Peninsula Way, Key Largo Page ➢ of 17
4034
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Subject.Property (curter outlined in blue) Wth d rrd Use (Zoning) districts, 2015 aerial
II# SUBJECT PROPERTY DESCRIPTION
1. The subject property is located along what is referred to as Peninsula Way at the end of South Ocean
Shores Drive. The property consists of seven parcels bounded by a canal and residential ruses to the
northwest and northeast; the Atlantic Ocean to the southeast; and residential uses to the east. The
property is neat:- U.S. 1. Mile Marker 98.5 ocean side.
2. The subject property consists of the following parcel(s):
RE�# Address: _..... Legal: Owner:
00'500600-000000 263 Peninsula Way Lot 19, Block 13 17RM
00500620-000000 267 Peninsula Way Lot 20, :Block: 1.3 17RM
00500'620-000000 271 Peninsula Way Lot 21, Block 13 17RM
00500630-000000 275 Peninsula Way Lot 22, Block 13 17RM.
00 00640-00'0000 279 Peninsula Way Lot 23, Block 13 17RM.
00500650-00000'0 283 Peninsula Way Part of Legit 24, Block 13 17RM
0050066'0-000000 287 Peninsula Way Part of Lot 25, Block 1.3 17RM
O'0500660-0001.01 Boat Slip D-1 17R1
00500660-0001.02 Beat Sl � � 17RM
00500660-0001.03 Boat S�3 Lt 18 BK 13 (Nelson Trust)
00500660-000104 Boat Slip D-4 ILT 20 BK 12 (Daigle)
00�500660-000105 Boat Slip D-5 17RM
00500660-000106 Boat Slip -6 17RM
00500,660-0001.07 Boat Slip D-7 LT 1.9 BK 12 (HCinkerson)
00500,6601-0001.08 Boat Slip D-8 17RM
00500660-0001.09 Boat S1i Tlt-9 - LTs 21, 22, 23 BK 1.2 (Firth)
Proposed five; (5)Detached Dwellung Units t cttei,of Uiidei-standincl (File#201.7-142)
Petihisula'G ay, Key Largo Page 2 of 1.7 4035
The subject property is primarily undeveloped. A 20-foot-wide access easement driveway runs along
the northwesterly shoreline boundary of the property. The private easement provides access from
South Ocean Shores Drive to the subject property and to the boat slips along the northeasterly
shoreline.
J
Pareel inap of subject property, Lots 19—25,from Monroe County Property Appraiser
3. According to the submitted survey and site plan, the subject property consists of five platted lots 19 —
23 and two altered lots 24 and 25. Of these lots, 19 — 22 are proposed to be developed as independent
parcels, whereas Lot 23 is to be aggregated with the remaining parts of Lot 24 and 25, for purposes of
development.
According to site plan submitted, the subject property consists of the following land area. Staff
calculations in this letter use this, land :area, unless otherwise noted.
- RE# — Legal: Area (from Site Plan):
00500600-000000 Lot 19, Block 13 12,418 Square Feet
00500620-000000 Lot 20, Block 13, 8,916 Square Feet
01050,0620-000000 Lot 21, Block 13 8,578 Square Feet
0050,0630-000000 Lot 22, Block 13 8,587 Square Feet
00500640-000000, Lot 23, and Part of Lot 38,692 Square Feet
00500650-0100000, 24and Part of Lot 25,
00500660-000000 Block 13
Proposed five (5)Detached Dwelling Units Letter ol'Understaiiditig(File#2017-t 42)
Peninsula Way, Key Largo Page 3 of 17 4036
Please note that asealed boundary survey, providing the exact amount of upland land is required at the
time of development application submittal. If the amount of upland provided on the sealed boundary
survey differs, then calculations provided in this letter are subject to change.
III.RELEVANT PRIOR COUNTY ACTIONS
The plat Key Largo Ocean Shores Addition, a Re-Plat of Tracts 1, 2, 3, A &B, and Blocks 2, 5, 7 & 8 as
shown on "Amended and Extended Plat of Key Largo Ocean Shores" (PB 4, P 18) was approved by
resolution of the Board of County Commissioners of Monroe County, Florida, July 14, 1959 and recorded
in Plat Book 4 Page 124.
41-
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Excerptfrom Plat Book 4, Page .124 showing the platted lots along South Ocean Shores Drive
On February 11, 1998 the BOCC passed Resolution number 080-1998 renouncing and disclaiming any
right of the county and the public in and to a portion of South Ocean Shores Drive, contiguous to Lot 22
and a part of Lot 23 Block 12, and contiguous to part of Lots 18 and 19 Block 13, Key Largo Ocean
Shores Addition, Key Largo, Florida.
Building Permit 98301266, issued 8/3.1/1998, for dock and boat lift to The Peninsular @ Key Largo Inc.
for parcel having RE# 00500650-000000. A condition of the permit was "Title to a dock slip may not be
acquired separately from title to the lot to which the dock slip is appurtenant whether by foreclosure or
otherwise, other than by an owner who already owns a lot in Peninsula a Key Largo." The lot and boat
slips were identified in permit application through the draft document "By Laws of the Peninsula at Key
Largo Yacht Club Property Owners Association, Inc."
A Grant of Easement, executed 07/05/201 1, by Peninsula Development at Key Largo, LLC to "ALL
CURRENT AND :FUTURE OWNERS OF DOCKS or real. property...", for the purpose of "ingress,
egress, access for emergency services, and utility maintenance providers and over and across and
through" the subject property was recorded in the Official Records, O�7/11/201 1, Book 2525, Page 914.
IV.REVIEW
The following land development regulations directly affect the proposal; however, please note that there
may be other regulations not referred to nor described in this LOU, which may govern the proposed
development.
Proposed five(5)Detached Dwelling Units Letter of Understanding (File#2017-142)
cl
Peninwla Way, Key Largo Page 4 of 17 4037
I. The subject property is located within the Improved Subdivision (IS) Land Use (Zoning) District.
2. The subject property is located within the Residential Medium (RM) Future Land Use Map (FLUM)
Category.
3. The subject property is located within an area designated Tier III (infill area) on the Tier Overlay
District Map.
4. The proposed development shall be consistent with the purpose of the RM FLUM Category, and all
other applicable goals, objectives and policies of the Monroe County Year 2030 Comprehensive Plan.
Pursuant to Comprehensive Plan Policy 10 1.5.1
"The principal purpose of the Residential Medium (RM) future land use category is to recognize
those portions of subdivisions that were lawfully established and improved prior to the adoption of
this plan and to define improved subdivisions as those lots served by a dedicated and accepted
existing roadway, have an approved potable water supply, and have sufficient uplands to
accommodate the residential uses. Developnient on vacant land within this land use category shall
be limited to one residential dwelling unit for each such platted lot or parcel which existed on or
before January 4, 1996.,,
5. The property is located within the Key Largo Livable CommuniKeys Plan (LCP). The -following LCP
Action Items are applicable to the property and the proposed development:
Action Item 1.3.1: Continue to use the FLUM. and Land Use District Maps to regulate
development of individual parcels with respect to density, intensity, bulk regulations, and all other
land development regulation. This will protect the existing conformance status of most uses and
promote orderly development consistent with the Comprehensive Plan.
Action Item 10.2.3: Identify necessary fire well and hydrant location during construction
plan review and make necessary fire wells and hydrants a requirement of construction
plan and building permit approval.
6. The proposed development shall be consistent with the purpose of the IS Land Use (Zoning) District.
Pursuant to LDC Section 130-36:
"The purpose of the IS district is to accommodate the legally vested residential development rights
of the owners of lots in subdivisions that were lawfully established and improved prior to the
adoption of this LDC. For the purpose of this section, improved lots are those that are served by a
dedicated and accepted existing road of porous or nonporous material, that have an approved
potable water supply, and that have sufficient uplands to accommodate the proposed use in
accordance with the required setbacks, This district is not intended to be used for new land use
districts of this classification within the county."
7. The permitted and conditional uses within the IS District are set forth pursuant to LDC Section 1.30-83
relevant to this Letter of Understanding:
As-of-Right Uses
M Detached dwellings of all types;
Proposed five (5) Detached Dwelling Units Letter of Understanding(File#2017-142)
Peninsula Way, Key Largo Page 5 of 17 4038
8 Accessory uses;
Vacation rental use is prohibited in all IS districts and subdistricts, except in:
(1) IS-V districts (as set forth in section 130-84); and
(2) In gated communities that have:
a. Controlled access; and
b. A homeowner's or property owner's association that expressly regulates or
manages vacation rental uses.
The applicant is proposing a total of five (5) new detached dwelling units.
LDC Section 10 1-I defines the following relevant terms:
Dwelling, attached, means a dwelling unit developed without open yards on all sides of the
dwelling unit.
Dwelling, detached, means an individual dwelling unit that is developed with open yards on all
sides of the dwelling unit. The term includes single family residences but does not include mobile
homes or recreational vehicles.
Dwelling, single-
ftimily, or single-fial tni6, residence means a one-family dwelling unit that is
developed with open yards on all sides of the building.
Dwelling unit means one or more rooms physically arranged for occupancy by one residential
household sharing cornmon living, cooking, and toilet facilities.
The property has nine (9) accessory dock slips, DI through D9.
LDC Section 10 1-I defines the following relevant terms:
Accessory, use or accessoq structure means a use or structure that:
(1) Is subordinate to and serves an existing principal use or principal structure; and
(2) Each individual accessory use or accessory structure as well as in total/combined, is
subordinate in area (for this definition docks, pools, pool decks, driveways are excluded from
the total area), extent and purpose to an existing principal use or principal structure served; and
(3) Contributes to the comfort, convenience or necessity of occupants of the principal use or
principal structure served; and
(4) Is located on the same lot/parcel or on a lot/parcel that is under the same ownership as the
lot/parcel on which the principal use or principal structure is located; and
(5) Is located on the same lot/parcel or on a contiguous lot/parcel as an existing principal use or
principal structure, excluding accessory docking facilities that may be permitted on adjacent
lots/parcels pursuant to section 118-12; and
(6) Is located in the same land use (zoning) district-, as the principal use or principal structure,
excluding off-site parking facilities pursuant to section 114-67.
Accessory uses include the utilization of yards for home gardens, provided that the produce of the
gat-den is for a non-commercial purpose. In no event shall an accessory use or structure be
established prior to the principal use to which it is accessory. With approval from the Planning
Director, an accessory use or structure may continue if its principal use or structure is discontinued
or removed for redevelopment, provided that the owner is moving forward with continual
development and with active concurrent permits for redevelopment of a principal use or structure.
Proposed five (5)Detached Dwelling Units Letter of Understanding(File#2017-142)
Peninsula Way, Key Largo Page 6 of 17 4039
Accessory uses shall not include second dwelling units or any other habitable structures that are
occupied by a separate and independent resident.
Building Permit 98301266, issued 8/31/1998, for dock and boat lift to The Peninsular @ Key Largo
Inc. for parcel having RE#00500650-000000. A condition of the permit was "Title to a dock slip may
not be acquired separately from title to the lot to which the dock slip is appurtenant whether by
foreclosure or otherwise, other than by an owner who already owns a lot in Peninsula a Key Largo,"
The lot and boat slips were identified in permit application through the draft document "By Laws of
the Peninsula at Key Largo Yacht Club Property Owners Association, Inc."
The Declaration of Covenants and Restriction for the Peninsula at Key Largo Yacht Club were
recorded into the official records, Document 1125301, Book 1577 Page 1311. The association is no
longer an active corporation. The Declaration included the following site plan:
PLMEAMPAM WANAb""WA—
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WNUMOMW
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................. .....
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NIUd W6 ONWAI
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Site plan from the Declaration of Covenants and Restriction for the Peninsula at Key Lai-go Yacht Club
Upon review of the records of the Property Appraiser's Office, the property record cards for the boat
slips indicates ownership corres)ands to the property in the site plan above as per the following table:
RE # Address: Owner-
00500660-000101 Boat Slip D-I 17RM
00500660-000102 Boat Slip D-2 17RM
00500660-0001 O�3 Boat Slip D-3 Lt 18 BIB13 (Nelson Trust)
00500660-000104 Boat Slip D-4 LT 20 BK 12 (Daigle)
Pi-oposed five(5)Detached Dwelling Units Letter ol'Undei-s=din- (File#2017-142)
PellfilAda Way, Key Lugo Page 7 of 17
1- 4040
00500660-000105 Boat Slip D-5 17RM
00500660-000106 Boat Slip D-6 17RM
00�500660-000107 Boat Slip D-7 LT 19 BK 12 (Hinkerson)
00500660-000108 Boat Slip D-8 17RM
00500660-000109 Boat Slip D-9 LTs 21, 22, 23 BK 12 (Firth)
The dock slips were lawfully established through permit 9801266 and appear to comply with the
condition of the permit regarding ownership.
The dock slips are nonconforming to requirements (4) and (5) of definition of accessory Use or
accessoj�y structure and would be subject to LDC Sections 102-56 Nonconforming Uses and 102-57
Nonconforming Structures.
8. New dwelling units are proposed. Residential ROGO allocation awards would be required for the
proposed development. Pursuant to LDC Section 138-21, "The residential ROGO shall apply to all
residential dwelling units—for which a building permit is required and for which building permits
have not been issued prior to July 13, 1992, except as otherwise provided herein." ROGO allocation
awards would be required prior to issuance of any building permits for the new dwelling units.
Pursuant to LDC Section 138-19, residential dwelling unit (dwelling unit) means a dwelling unit as
defined in Section 10 1-1, and expressly includes the following other terms also specifically defined in
Section 101-1: rooms, hotel or motel; campground spaces; mobile homes; transient units; and
institutional residential units (except hospital rooms).
No prior ROGO exemptions or Letters of Development Rights Determination (LDRD) were found for
the subject property.
9. Pursuant to LDC Sections 118-4, 118-12, 130-157, 130-162 and 130-164, the minimum open space
ratio for the proposed uses within the IS Land Use District is 0.2 or 20%.
Pursuant to LDC Section 10 1-I
Open space means (in relation to open space ratio calculations) that portion of any parcel or area
of land or water that is required to be maintained such that the area within its boundaries is open
and unobstructed from the ground to the sky. This definition is not intended to exclude vegetation
frorn required open space. Examples of open space include natural vegetated areas, landscaping
and gravel.
Open space ratio (0,5R) means the percentage of the total gross area of a parcel that is open space.
Ta 11 till M1161,14main ta 0, s
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'Area,-, �Paei?,R 4ai;re
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Improved Subdivision (IS) 0.2 Per Site TBD
According to site plan submitted, the subject property consists of the following land area. Staff
calculations, in this letter use this land area, unless otherwise noted.
RE # Legal: Gross Area Minimum Open
(from Site Plan): J Space Required:
00,500600-000000 Lot 19, Block 13 12,418 Square Feet J 2,484 Square Feet
Proposed five(5) Detached Dwelling Units Letter of Understanding(File#2017-142)
Peninsula Way, Key Largo Page 8 of 17
C� 4041
00500620-000000 Lot 20, Block 13 8,916 Square Feet 1,783 Square Feet
00500620-000000 Lot 21, Block 13 8,578 Square Feet 1,716 Square Feet
00500630-000000 Lot 22, Block 13 8,587_§_quare Feet 1,717 Square Feet
00500640-000000, Lot 23, and Part of 38,692 Square Feet 7,738 Square Feet
00500650-000000, Lot 24 and Part of
00500660-000000 Lot 25, Block 13
Each site must comply with the minimum open space requirements. To demonstrate compliance, a site
plan must indicate the calculation of required and proposed amounts of open space. The site plan must
include the extent of native vegetation on the subject parcel.
10. No structure or land in the County shall be developed, used or occupied at an intensity or density
greater than the standards set out in LDC Chapter 130, Article V.
LDC Section 10 1-1 defines the following relevant terms:
Buildable lot means a duly recorded lot as, shown on a plat approved by the county that complies
with each and every requirement of the Land Development Code.
Buildable parcel means a parcel of land, including but not limited to buildable lot, that
complies with each and every requirement of this Land Development Code.
Density, allocated means the number of dwelling units or roorns/spaces which may be permitted to
be developed per gross acre of upland without the use of Transferable Development Rights
(TDRs).
Lot means a duly recorded lot as shown on a plat approved by the County. (Also described as
platted lot.)
Plat means an official subdivision approved by the County and in compliance with Chapter 177,
F.S.
Platted lot means a lot that is identified on a plat that was approved by the board of county
commissioners and duly recorded.
Therefore, the maximum density of the subject property, pursuant to LDC Section 130-157, shall be in
accordance with the following table:
"'T
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ratcticlaxlj
Improved Subdivision (IS) I DUI lot 5 lots 5 DU 5 DU 100%
According to the submitted survey and site plan, the subject property consists of five platted lots 19 —
3 and two altered lots 24 and 25. Of these lots, 19 — 22 are proposed to be developed as independent
parcels, whereas Lot 23 is to be aggregated with the remaining parts of Lot 24 and 25 for purposes of
development.
11. Pursuant to LDC Section 13 1-1, the required non-shoreline setbacks within the SC Land Use District
are:
Proposed five (5)Detached Dwelling Units Letter of Understanding (File#2017-142)
Peninsula Way, Key Largo Page 9 of 17 4042
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Improved Subdivision (SC) 25 15 10 5 20
Required setbacks would apply to each individual site as follows:
• A 25-foot primary front yard setback would apply along the easement driveway access;
® A 10-foot primary side yard setback would apply along one of the side property lines;
• A 5-foot secondary side yard setback would apply along the remaining side property line;
® Shoreline setback would apply along all shorelines;
• Along the northeast shoreline in the location of the easement driveway access, the more
restrictive of the required setbacks would apply.
Pursuant to LDC Section 131.-3(c)
Front yard setbacks. A front yard is a required setback on a parcel of band that is located along the full
length of the Front property line of the parcel, is generally the property frontage to which development
on the parcel is oriented and is generally a4jacent a road. Can parcels fronting more than one road, such.
as corner lots and double frontage parcels, each yard along a road shall be a front yard. The front yard.
setback does not apply to a utility pole.
Pursuant to LDC Section 1.01-1
Easement rnean.s a grant of one or more of the property rights by the property owner to and/or for-
the use by the public, the County, a public or private utility, a corporation, or another person or
entity.
Right-rlf=way means land dedicated, deeded, used, or to be used for a street, alley, walkway,
boulevard, drainage facility, access for ingress and egress, or other purpose by the public, certain
designated individuals„ or governing bodies.
Setback means the area between a building or structure and the property line of the parcel of land
on which the building or structure is located, unoccupied and unobstructed from the ground
upward, except for fences or other development permitted in the area as provided for in this Land
Development Code, In measuring a setback, the horizontal distance between the property line and
the furthermost protection of the building or structure shall be used. Further, the setback shall be
measured at a right angle (90 degrees) from the property line.
The property has the unique or peculiar circumstance of having a platted right-of-way over suubmerged.
lands. Ocean Shores Drive was platted to continue along the south of Lot 19 and along the southeast
property lines of Lots 20�, 21, and 22, ending in a cull-de-sac at Lots 23, 24, and 25. Ocean Shores
Drive was not constructed. To create access for the parcels, an easement access drive was established.
The easement access drive, commonly known as Peninsula Way, runs along the northwest shoreline
and serves as a private right-of-way for ingress and egress for the proposed dwelling units and for the
existing boat docks. Front yard setbacks would apply and would be measured from the edge of the
recorded easement. According to the submitted site plan, the proposed dwelling units are located in
the required front yard setback. The site plan will need to demonstrate compliance with LDC Sections
131-1 and 131-3.
Proposed five(5)Detached Dwelling Units Letter of Understanding (File#201.7-1.42)
Peninsula Way, Key Largo Page 10 of 17 4043
The applicant has expressed interest in pursuing a variance from the required front yard setbacks.
Pursuant to, LDC Section 102-186(b)(1), the Planning Director is authorized to grant variances, with
or without conditions, for the reduction of front or rear yard non shoreline setback requirements by up
to, ten (10) feet if and only if the applicant demonstrates that all of the standards of Section 102-186(f)
are met:
(1) The applicant shall demonstrate a showing of good and sufficient cause for the requested
variance;
(2) Failure to grant the variance would result in exceptional hardship to the applicant;
(3) Granting the variance will not result in increased public expenses, create a threat to public
health and safety, create a public nuisance, or cause fraud or victimization of the public;
(4) Property has unique or peculiar circumstances;
(5) Granting the variance will. not give the applicant any special privilege denied to another
property owner of the other properties in the immediate neighborhood in terms of the
provisions of this chapter or established development patterns;
(6) Granting the variance is not based on disabilities, handicaps or health of the applicant or
members of his family;
(7) Granting the variance is not based on the domestic difficulties of the applicant or his
family; and
(8) The variance is the minimum necessary to provide relief to the applicant.
The Planning Commission is authorized to grant variances according to the standards of Section 102-
1,87(d) for front, side, and rear yard non-shoreline setback requirements in chapter 131, with or
without conditions, if and only if the applicant demonstrates that all of the following standards of
Section 1.02-1.87(d) are met:
(1) The applicant shall demonstrate a showing of good and sufficient cause;
(2) Failure to grant the variance would result in exceptional hardship to the applicant;
(3) Granting the variance will not result in increased public expenses, create a threat to public
health and safety, create a public nuisance, or cause fraud or victimization of the public;
(4) Property has unique or peculiar circumstances;
(5) Granting the variance will not give the applicant any special privilege denied to another
property owner in the immediate vicinity;
(6) Granting the variance is not based on disabilities, handicaps or health of the applicant or
members of his family;
(7) Granting the variance is not based on the domestic difficulties of the applicant or his
family; and
(8) The variance is the minimum necessary to provide relief to the applicant.
Application forms for Administrative Variance and for Planning Commission Variance can be found
at the Planning & Environmental Resources Forms & Applications page at:,
littp://www.iiioiiroecouiity-il,gov/1 89/Forilvi-Applications
12. The required shoreline setbacks would apply to the subject property as follows:
* Pursuant to LDC Section 118-2(b) along lawfully altered shorelines adjacent to manmade canals,
channels, and basins, principal structures shall be set back at least 20 feet as measured from mean
high water (MHW) line.
* The easement driveway along the northwest of the property is located in the shoreline setback.
Pursuant to LDC Section 118-2(c) accessory structures, in order to maintain required 60%
shoreline open space the easement driveway cannot be paved.
Proposed five(5)Detached Dwelling Units Letter ol'Understandino' (File#2017-142)
Peninsula Way, Key Largo Page I 1 ol'17 4044
Pursuant to Section 118-12(b)(4), adjacent to the open water shoreline along the southeast of the
property, principal structures shall be set back at least 30 feet as measured from the landward
extent of the mangroves. Accessory structures shall be setback 15 feet from the landward extent of
the mangroves, and in no event shall the total combined area of all structures occupy more than 30
percent (30%) of the shoreline setback required for the principal structure.
13. No structure or building shall be developed that exceeds a maximum height, as defined in LDC
Section 101-1, of 35 feet, pursuant to LDC Section 131-2. Exceptions will be allowed for flood
protection as specifically permitted in 2030 Comprehensive Plan Policies 101.5.32 and 101.5.33 and
as listed in LDC Section 131-2. However, in no event shall any of the exclusions enumerated in this
section be construed to permit any habitable or usable space to exceed the maximurn height limitation,
except as specifically permitted in Policies 10 1.5.32 and 10 1.5.33.
LDC Section 10 1,-I defines the following relevant terms,
Height means the vertical distance between grade and the highest part of any structure, including
mechanical equipment, but excluding the followitig: chimneys; spires and/or steeples on structures
used for institutional and/or public uses only; radio and/or television antenna, flagpoles; solar
apparatus; utility poles and/or transmission towers; and certain antenna supporting structures with
attached antenna and/or collocations as permitted in LDC Chapter 146. However, in no event shall
any of the exclusions enumerated in this definition be construed to permit any habitable or usable
space to exceed the applicable height limitations.
Grade means the highest natural elevation of the ground surface, prior to construction, next to the
proposed walls of a structure, or the crown or curb of the nearest road directly adjacent to the
structure, whichever is higher. To confirm the natural elevation of the ground surface, prior to
construction, the county shall utilize the Light Detection and Ranging (LiDAR) dataset for
Monroe County prepared in 2007 and other best available data, including,, but not limited to, pre-
construction boundary surveys with elevations, pre-construction topographic surveys, elevation
certificates and/or other optical remote sensing data.
Since the property is disturbed, the crown or curb of the nearest road must be used to measure
building height. A survey with spot elevations or an elevation certificate would be required with
submittal of a development application in order to verify existing grade of the crown or curb of the
nearest road, for purposes of measuring building height. The nearest road is South Ocean Shores
Drive.
To demonstrate compliance, elevation plans must be submitted with a development application
showing building height measurements from crown or curb of the nearest road to the highest part of
the proposed structures.
A survey with spot elevations or an elevation certificate would be required with submittal of a
development application in order to verify existing grade of the crown or curb of the nearest road, for
purposes of measuring building height.
14. Every use shall be provided with off-street parking in accordance with the standards contained. in LDC
Chapter 114, Article 111. Every parking space, both required and unrequited, shall meet the minimum
standards of this article. The proposed development would be subject to the required number of off-
street parking spaces pursuant to LDC Section 114-67(c). The table below lists the number of parking
spaces to,be provided for each proposed use:
Proposed five(5)Detached Dwelling Units Letter cal'Understanding (File#2017-142)
Peninsula Way, Key Lai-go Page 12 of 17 4045
�arlaaaaaaa i aaaaa?Vtu ,�ar
c f c a �"a a �s 'eqq?a peace;
Single-family dwelling units, 2.0 spaces per dwelling unit 5 detached 2.0 spaces per dwelling
including mobile homes on dwelling units unit for a total of 10
r
ndividual lots or parcels spaces
Total: .0 spaces per
dwelling unit, 10 total
Each dwelling unit shall comply with parking space requirements individually. The parking could not
be located .in the easement driveway or within any required fire department access drive.
The existing clocks are nonconforming accessory structures to the neighboring properties as
previously documented in this letter. The driveway easement at the docks may not he used for parking
and must be maintained as fire department access.
15. The landscape criteria in LDC Section 114-104 requires all street fronts shall plant native canopy
street trees. The easement driveway serves as the street frontage. Each site shall provide ,Street tree(s)
pursuant to this section..
16. All applications for a County building permit will be required to contain a stormwater management
plan prepared in accordance with. LDC Section 114-3. Each site for each proposed detached dwelling
unit must comply with LDC Section 114-3 independently. It is the responsibility of the applicant to
include in the stormwater management plan for the development sufficient information for the
Planning Director to evaluate the environmental and stormwater discharge characteristics of the
affected areas, the potential and predicted impacts of the proposed, activity on community waters, and
the effectiveness and acceptability of those measures proposed by the applicant for reducing adverse
impacts. The stormwater management plan shall contain maps, charts, graphs, tables, photographs,
narrative descriptions, calculations, explanations, and citations to su:upporting references, and any
additional information deemed necessary by the Planning Director. The stormwater managernent plan.
must be sealed by an engineer registered in the state with experience in stormwater management and
drainage design. A mean high water survey per chapter 177 of the Florida Statutes is required.
17. The easement driveway as well as all fire department access drives shall be designed and constructed
to meet the equipment carrying requirements per the Monroe County lire Marshall (32 tons
mrminimumrm). The applicant is strongly encouraged to coordinate with DEP/ACOE to verify stabilization
of shoreline. A letter of coordination is required.
Fire department access and turning shall be provided. A separate easement shall be recorded providing
for the permanent fire department access in the areas outside of the existing easement. Final design
shall be reviewed at time of Building Permit application and requires final approval of the Monroe
County Fire Marshal.
The easement driveway as well as all fire department access drives shall comply with LDC Section.
114-8 Installation of Utilities and Driveways:
Sec. 1.14-5. Installation of Utilities and Driveways.
Pix)used give(5)Detached Dwelling Units Lemtem°Gil'Understanding(File#2017-14 )
Peninsula Way, Key Lai-go gage 13 of 17 4046
(a) The County encourages utility services to be installed underground when feasible, including
electric power, telephone and community antenna television service. Both main transmission
lines and individual service connection lines to buildings may be installed underground, when
feasible.
(b) All driveways for nonresidential or multi-family development shall be composed of compacted
fill or concrete not less than four inches thick on a mechanically compacted base and
reinforced with at least six-inch by six-inch number wire mesh, or such other construction,
including permeable paving materials, as may be approved by the County Engineer.
(c) If a driveway is installed. to serve two or more lots, an agreement between the lot owners must
be approved by the County Engineer to ensure the maintenance of the driveway,
(d) All underground utility mains and service connections shall be completely installed, inspected
and approved by the Public Works Department or the County Engineer before grading is
commenced and after grading is completed and before any road base is applied.
The applicant is encouraged to provide a barrier to stop vehicles, from going over the shoreline edge,
18. Pursuant to LDC Section 114-9(b) Proposed waterlines shall be coordinated with the Florida Keys
Aqueduct Authority (FKAA) and shall meet all conditions and requirements, of the FKAA water main
extension policy.
Pursuant to LDC Section 110-141, provide proof of coordination with the Florida Keys Aqueduct
Authority (FKAA). The letter of coordination should confirm the capacity of the water system and the
ability of the system to provide adequate water for the proposed development. Provide letters of
coordination from wastewater provider.
19. The easement driveway shall comply with LDC Sections 114-10 and 114-11. The developer shall
coordinate with the County Engineer as to compliance.
Sec. 114-10. Road and Private Drive Name Signs.
The developer, at his expense, shall install road name signs, if applicable, at each entrance to the
development and at each intersection of public roads within the development, of durable and
sound construction in accordance with Standard Specifications and Details of Monroe County.
Sec. 114-11. Traffic-Control Signs and Devices.
The developer, at his expense, shall install traffic-control signs at locations determined by the
County Engineer. Such signs shall meet the requirements of the most current edition of the
Manual on Uniform Traffic Control Devices (MUTCD).
20. Fire protection shall be provided via a minimum of two fire hydrants at a maximum separation
distance of 400 feet from. hydrant to dwelling unit. Each dwelling unit shall each have a sprinkler
system.
Fire protection is required at the docks including fire extinguisher(s) and standpipe.
21. The proposed development shall meet the energy and water conservation standards of LDC Chapter
114, Article It.
22. No building permit shall be issued by the County for impact-producing development unless the
applicant has paid the applicable impact fees in accordance with LDC Chapter 126.
Proposed live (5)Detached Dwelling Units Letter of'Understanding(File#2017-142)
Peninsula Way, they Largo page 14 of 17 4047
V. OTHER ISSUES CONCERNING THE PROPOSAL
I. According to County GIS maps, the property is located within the VE-15 and VE-12 FEMA flood
zones. All new structures and substantial improvement of existing structures must be designed to
current floodplain management standards, pursuant to LDC Chapter 122. For further information
about floodplain management standards, please contact one of the Floodplain Coordinators. A staff
directory is available online at NVWW.M0nr0eC0L11ny-f1,g0V
2. The proposed development of up to five (5) new residential dwelling units would be subject to the
County's inclusionary housing requirements pursuant to LDC Section 139-1(b).
Residential developinents ... that result in. the dei)elopment or redevelolnnent of three or more dwelling
units on a parcel or contiguous parcels Mall be required to develop or redevelol) tit least 3'0 percent
qfthe residentialtinits, cis affordable housing units. Residential develol.nnent or redeveloInnent of three
units on a parcel or contiguous parcels shall require that one developed or redeveloped unit be tin
qff6rdable housing unit.
For purposes of calculating the number qfq1Jbrdable units required/a),, this subsection, densio�
bonuses shall riot be counted and only fractional requireinents equal to or greater than .5 shall be
rounded uf)� to the nearest whole number.
The proposed development of up to five (5) new residential dwelling units, would require that two (2)
of the new units be affordable housing units,
5 new units x 0.3 inclusionary ratio = L5 qffbi-dable units required
Eqtial or greater than .5 rounds ulp - therelore 2 affordable units are required
The applicant expressed the desire for all five (5) of the new residential units to be market-fate units.
This would necessitate the applicant to comply with the inclusionary housing requirements using one
of the following three alternative compliance options in LDC Section 139-1(b)(4)
a. Compliance may be achieved through the deed-restriction of existing dwelling units requiring
that the affected units remain subject to the county's affordable housing restrictions. If the
developer wishes to use all five (5) development rights for market rate development, the
inclusionary compliance requirement to purchase and deed-restrict existing market rate units
would be two (2)affordable units; or
b. The developer may contribute a fee in-lieu of the inclusionary housing requirements for all or a
percentage of the required affordable housing units. The developer shall pay per unit in-lieu fees
the current maximum sales, price for a one-bedroom affordable unit as established under Section
139-1(a). The developer, along with any corresponding in-lieu fees, shall transfer to the county
ownership of the: associated ROGO-exempt development rights for any affordable unit(s) required
by this section for which the in-lieu fee option is used; or
Proposed five (5) Detached Dwelling Units Letter of Understanding(File#2017-142)
Peiiinsida Way, Key Largo Pa(,e 15 of 17
C, 4048
c. Upon the acceptance of the BOCC of a proposed onsite or offsite parcel (or parcels), a
developer may satisfy the inclusionary housing requirements by donating to the County, or other
agency or not-for-profit organization approved by the board, one IS or URM lot for each. unit
required but not provided through actual construction or in-lieu fees (or a parcel or parcels of land
zoned other than IS or URM as long as the donated parcel(s) will support the development of an
appropriate number of affordable units). Lots or other parcels so provided shall not be subject to
environmental or other constraints that would prohibit immediate construction of affordable
housing units. The developer, along with any corresponding donated parcel(s), shall transfer to,the
County ownership of the associated ROGO allocations or ROGO-exempt development rights for
any affordable unit(s) required under this section.
If the land donation option is desired, then two eligible IS or URM lots would be required.
Pursuant to LDC Section 139-1(c), the applicant may also meet the inclusionary housing requirements
through linkage of projects. Two or more development projects that are required to provide affordable
housing may be linked to allow the affordable housing requirement of one development project to be
built at the site of another project, so long as the affordable housing requirement of the latter
development is fulfilled as well. The project containing the affordable units must be built either before
or simultaneously with the project without, or with fewer than, the required affordable units.
Please see LDC Section 139-1 for the County's full inclusionary housing requirements and alternative
compliance options.
1 Prior to the issuance of any building permit, if such review is required, all proposed development shall
be found in compliance by the Monroe County Building Department and the Monroe County Office
of the Fire Marshal. Staff recommends that the Applicant coordinate with these offices prior to
application submittal. The Department does not review for compliance with the Florida Building
Code.
4. The County's 2030 Comprehensive Plan and current Land Development Code are available online at
http://fl-inonroccounty.civicplus.coiiVindex.aspx?nid=181
Pursuant to LDC Section 1, 10-3(a)(3), you are entitled to rely upon representation made at the conference
only to the extent such representations are set forth in the LOU. An LOU shall not provide any vesting to
requirements, code and the comprehensive plan. The development shall be required to be consistent with
all regulations and policies at the time of development approval. The Planning Director acknowledges that
all items required as a part of the application for development approval may not have been addressed at
the conference, and consequently reserves the right for additional comment.
You may appeal any decision, determination or interpretation made in this letter pursuant to Monroe
County LDC Section 102-185. A notice of appeal in the form prescribed by the Planning Director must be
filed with the County Administrator, 1100 Simonton Street, Gato Building, Key West, Florida 33040,
within 30 calendar days from the date of this letter. Additionally, a copy of the notice of appeal must be
filed with the Planning Commission Coordinator, Monroe County Planning and Environmental Resources
Department, 2798 Overseas Highway, Suite 410, Marathon, Florida 33050.
Pi,oposed five(5) Detached Dwelling Units Lettej-of Understanding (File#2017-142)
Z7
Peninsula Way, Key Lat-go Page 16 off 7 4049
We trust that this information is of assistance. If you have any questions regarding the contents of this
letter, or if we may further assist you with your project, please feel free to contact the Department's
Marathon office at (305) 289-2500,
Sincerely yours,
Em; the' per
Acting Senior Director of Planning and Environmental Resources
Cc: Devin Rains, Principal Planner
Michael Roberts, Senior Administrator of Environmental Resources
Steve Zavalney, Deputy Fire Marshal, Upper Keys
Proposed five(5)Detached Dwelling Units LeUer ol'Understanding (File#2017-142)
Peninsula Way, Key LaroC-o Noe 17 of 17
4050
SETTLEMENT AGREEMENT BETWEEN MONROE COUNTY FLORIDA
AND 17RM IN,VESTMIENTSj_LLC
Monroe County, Fliorida ("Monroe County", TOCU, or the "County"), and
17RM Investments, LC. ("Il 7RM"), hereby agiree to forever settle the claim of
17RM and potential resulting expense and liability ("the dispute" or "Dispute")
to Mo,nroe County and 17RM to, resolve thiis Dispute, described more fully
below, as follows:
1. WHEREAS,, 1 7RM presently owns, those certain below-described parcels
of real property Currently bearing the property identification numbers
parenthetical1y referred to immediately below:
263 Peninsula Way (005010600-000000), ["Parcel 19]
267 Peninsula Way (005001610-000000) [Tarcel 20"]
271 Peninsula Way (010500620-00,0000) ["Parcel 21"]
275 Peninsula Way (00,50106301-0100,0010) ["Parcel 22"]
279 Peninsula Way and/or 283 Peninsula Way (00500,640-0000,00),
["Parcels 23, and 24]
287 Peninsula Way (0050,06601-0100,000) ["Parcel 25"]
Slip D.-I Peninsula Way (00500660-0100,1011 ) ["Slip D-1
flip D-2 Peninsula Way (00500, 0-00,0102) ["Slip D-2]
Slip D-5 Peninisul,a Way (0050,06601-000105), ["Slip D-5]
Slip D-6 Peni�nsuila Way (00500660-0001106) ["Slip, D-6];
Slip D-8 Peninsula Way (00500660-000108) ["Slip D-8]
2. WHEREAS,, on or about November 811", 2017, 1 IRM, applied for (the
"Application") a pre-application conference ("pre-app. conference" or "pre-
app.") with letter Of Understanding.
1 of ,13
4051
3. WHEREAS, on or about March 7111, 2018, Monroe County andi 1 7RM held
the subject pre-app. conference.
4. WHEREAS, on or about May 22nd, 2018, 17RM received the subject letter
of understanding ("docuiment").
5. WHEREAS, the docurnent states, in pertilnie,nt part, as follows:
IL SUBJECT PROPERTY DESCRIPTION
The subject property is primarily undeveloped. A 20-foot-wmile access
easement driveway runs along the northwesterly shoreline boundary
of the property. The private easement provides access from South
Ocean Shores Drive to the; subject property and to, the boat slips along
the northeasterly shoreline.
III. RELEVANT PRIOR COUNTY ACTIONS
The plat Key Largo Ocean Shores Addition, a Re-Plat of Tracts 1 , 2, 3,
A &B [sic], and Blocks 2, 5, 7 & 8 as shown on "Amended and Extended
Plat of Key Largo Ocean Shores" (PB 4, P 18) was approved by
resolution of the Board of County Commissioners of Monroe County,
Florida, July 14, 1959 and recorded in Plat Book 4 Page 124.
On February 11 , 1998, the BOCC passed Resolution No, 080-1998
renouncing and disclaimillng any right of the county and the public in and
to a portion of South Ocean Shores Drive, contiguous to Lot 22 and a
part of Lot 23 Block 12, and conhguous to part of Lots 18 and 19 Block
13, Key, Largo Ocean Shores Addition, Key Largo, Florida.
A Girant of Easement, executed 017/05/20111 , by Peninsula Development
at Key Largo, LLC to "ALL CURRENT AND FUTURE OWNERS O,F
2 of 13
4052
DOCKS or real property, ..", for the purpose of "ingress,, egress, access
for ernergency services, and utility maintenance providers and over and
across an through" the subject property was recorded in the Official
Records, 07/11/20111 , Book 2525, Page 814.
IV. REVIIEW
The following land development regulations directly affect the proposal,
however, please note that there may be other regLflations not referred to
nor described in this LOU', which, may giolvern the proposed
development.
1 . The subject property is located within the Improved Subdivision (IS)
Land: U,s,e (Zoningi), District.
11 Pursuant to LDC Section 131-1 , the req u iired non-shoreline
setbacks within the SC [sic) Land Use Diistriict are:
.................
Land Use District Prirnary Secondary Primary SecondaryYatJ
Front Yard Front Yard Side Yard Side Yard (ft.)
(fll)� , - M-) � - M-) (ft)
Improved Subdivision (SC) [sic) I ,5 15 10 5 20
Required setbacks would apply to each individual site as follows:
• A 25-foot primary front yard setback round apply along the
easement driveway access [sic];
• A 10-foot primary side yard setback wouldi apply along one of
the side property lines;
• A 5-foolt secondary side yard setback would apply along the
remaining side property line;
• Shoreline setback would apply along all shorelines;
• Aloing the northeast shoreline in the location of the easement
driveway access [sic], the more restrictive of the required
!setbacks would apply.
Pursuant to LDC Section 131-3(c)
3 of 13
4053
Front yard setbacks. A front yard i'ls a required setback on a parcel of
land that is located along the fuillll length of the front property Brie of the
parcel, is gienerally the property frontage to which development on the
parcel is oriented and is generally adjacent a road. On parcels fronting
more than one road, such as corner lots and double frontagie parc6ls,
each yard along a road shall be, a front yard. The front yard setback
does not apply to a utility pole.
Ocean Shores Drive was not con�stru�cted,. To create access for the
parcels, an easement access, drive was established. The easement
access drive, commonly known as Peninsula Way, runs along the
northwest shoreline and erves as a private right-of-way for ingress
and egress for the proposed dwelling units and for the existing boat
docks. Front yard setbacks wouild apply and w oualdl be measured from
the edge of the recorded easement.
(Emphases supplied),.
6 W'H E REAS, plu rsuant to Man iroe Cou nty Code § 10 1-1 , "Yard, front" is
defined as follows,.
Yard, front, means a required setback on a parcel of land that is, located
al:lonig the full length of the front property line of the parcel and is
generally adjacent to a road. On parcels fronting more than, one road,
such as corner lots and doublie frontagle parcels, each, yard along a road
shall be a front yard.
(Emphasis supplied)'.
4 of 13
4054
7, WHEREAS, plurSUant, to oiniroe County Code ("MCC"') §§ 19-311, 1-2'1
and!, Florida Statutes § 334,013(22), "road" is defined as follows:
"Road" means, a way open, to travel by the public, includiing, but not
limited to, a street, highway, or alley. The term Includes associated
sidewalks, the roa,dbedl, the right-of-wally, and all culverts, drains,
sluices, ditches, water storage areas, waterways, embankments,
slopes, retaining wall's, bridges, tunnels, and viaducts necessary for the
maintenance of travel andl all ferries used in connection therewith.
(Emphasis supplied).
rd -use
8 WHI E REAS I on or about April " 2020, 17 ISM a ppli led for a non
variance from the front-yard setback requirement referenced in the above-
quoted excerpt from, the document.
9. WHEREAS, on February 2,4111, 2021, the Monroe County Planning
Commission considered the non-use variance 17RM applied for per that
portion of the docurnent providing that a "25-foot primary front yard
setback would apply along the easement driveway access [sic]"'.
(Emphasis siuppllied).
"The following words, terms and phrases, when used, in, this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning: Road means the same as that term is defined in F.S. § 334,03(23),"
"Generally, All general provisions, terms, phrases and expressions contained in this
Code shall) he liberally construed in, order thiat the true intent and meaning of the board of
couinty commissioners may be fully, carried out. The terms ui ed i,n this Cod'ie, unless
otherwise specifically provided, shall have the meaniings pres ribed by the statutes
of the state for the same terms. Ilia the interpretation and application of any provisions of
this Code, they shall be held to be the minimurn requirements adopted for the piromotion of
the public, health, safety, cornfort, convenience and general welfare." (Emphasis supplied).
5 of 13
4055
10. WHIEREAS, o�n, Februarys 24"', 2021" the Monroe County Planning
Commission issued Resolution No. P016-21 approving the inistant non-use
variance application.
11 , WHEREAS,, 17RM has communicated to Monroe County that it
disputes, and of its c aiim, that it cannot be maintained that Under MCC §§
131-3(c) and 131-1(a) a "25-foot primary front yard setback would apply
along the [private] easement driveway access [sic]" on the following bases..
(A.) the instant "private easement" is not ".a way open to the public"; and
B. the instant "private easement" is therefore not a "road" under MCC §§
191-31 , 1-2, and Flohda Statutes § 334.03(22).
12, WHEREAS, 17RM and Monroe County mutually acknowledgie the
requirement that, tinder MCC §§ 131-3(c) and 13,1-1 (a) a "25-folot primary
front yard setback would apply along the [private] easement driveway
access [sic]", cannot be maintained without litigation and potential resulting
expense and liability to Monroe County and 17RM.
13. WHEREAS, 17RM has entered Into this Settlement Agreement based
upon the Understanding that, in contrast to the document as excerpted and
quoted above, the 25-foot primary front yard setback requirement does not
apply to the SUbiect proplerty(ies).
6 of 13
4056
14. WHEREAS, Monroe County and 17RM desire to; forever compromise
and settle their Diispuilte and hereby stipulate ands bindingly agree to the
following:
NOW, THEREFORE, for good and valuiable consideration, the adequacy
of which: is hereby expressly acknowledged and attested: to by the parties,
Monroe County and 17RM hereby agree as follows-.
Section 1 - Recitals. The foregoing recitals are true andl correct and are
hereby incorporated as if fully set forth herein.
Section 2 - Settlement., The parties, have entered into this Settlement
Agreement ("Settlement") knowingly, freely, and voluntarily, having
determined that they have adequate information upon whiich to make
informed decisions andl having decided that it is in their best interests to
amicably resolve this dispute.
A. Neither Monroe County nor 17RM is under coercion or duress. Neither
has been forced into this, Settlement or threatened in any way,
B. Neither Monroe County nor 17RM knows of any fact or circumstance
which would cause this Settlement to be unenforceable or void.
C. Except as provided herein:, Monroe County and 1 7RM each agree that
each shall bear its own attorneys' fees, costs andl expenses arisiiing out
of, in connection with, or related to, this dispute, whether such
7 of 131
4057
expenses, fees, or costs have been incurred prior to the execution, of
this Settlement or will be incurred after its execution,.
D. 17RM agrees that it shall not initiate any administrative proceedings),
file a legal actions , or seek damages, or relief of any kind including but
not limited to any and all administrative remedies, common, law
remedies, remedies at law, remedies in equity, attorneys' fees, costs, or
monies against Monroe County in connection with,, related to, or arising
out of the document and the nolni-use variance approved pursuant to
Resolution No. P06-21, and generally releases the County from any
and aill liability, and: holds the County harmless, iin connection with, in
relation to, and arising out of the document and/or neon-use variance.
E. Monroe County and 17RM mutually agree that the non-use variance
approved pursuant to Resolu�ti,on, No. P016-21 and document are void ab
initio and/or void and vacated nullifies on the specific and particularized;
factual basis that it cannot be maintained that under MCC §§ 131-3(c)
and 131-1(a) a 3„25-foot primary front yard setback would apply along
the easement drive access [sic]" since the instant "privale easement" is
not "a way open to the publiic" and therefore is not a "road" under MCC
§§ 19-31, 1-2, and Rorida Statutes § 334.03(22).
8, of 13
4058
F. 17RM agrees that it shall abide by and comply with, and shall neither
appeal) nor otherwise dispute or challenge, any of the Interpretations or
determinations Monroe County Planning and: Environmental Resources
Department Senior Director ErnHy Schemper issues 17RM in response
to the Application.
Section 3 - No Precedent / recedlent. Approval of this Settlement does
not constitute a recognition of any detrimental reliance or vested rights in
relati,on to, in connection, wfth, or arising out of any past action(s) or
inaction(s) between, 17RM and Monroe County, and, does not constitute
precedient or a form, of precedent.
Section, 4 No Ttj[g_E art y_Rjg tuts., No provision of this, Settlement, or any
part(s) or portion(s) thereof, shall be deemed or construed in any way to
result in the creation of any rights in, any natural or legal person or entity not a
party to thiiis Settlement.
Section 5 - Good Faith. This Settlement has been undertaken by Mionroe
County and 17RM in, good faith.
S I a L ection 6 - Choice of Law. vermin aw-I Jurisdiction-, Venue. This
Settlernent is not Subject to arbitration and shall be governed by, and
construed and enforced in accordance with, the laws of the state of Florida,
and venue for alll claims, controversies, or disputes relatiing to this, Settlement
9 of 13
4059
shalli remain in the Ciircuiit Court of the 16" Judicial Circuit in and for Monroe
County, Florida.
Sectioni 7 - Bi,ndLng Effect. It is agreed and understood that thiis, Settlement
shialil be and is forever blinding upon Monroe County and 17RM, as, well as
upon 1 7RM's SUccessors-in-interest and/or SUccessors-in-title.
Section 8 - Construction
Captions and paragraph headings, where u1sed heireiini, are inserted for
convenience only and are not intended to descriptively limit the scope and
iintent of the particular, paragraph or text to whiilch they refer.
Sectiio�n 9 - Inconsistency Pa�rfial�inval�idit�Sev�erabi�rit�and�Sqr�%dyal�of
P
'rove sions. If any condition, provision, reservation, restriction, right, or term,
of this Settlement or any portion(s) thereof, is/acre held Invalid or
unenforceable by any administrative hearings officer or by a court of
competent Jurisdiction, the invalidity oir unenforceability of such condition,
provision, reservation, restriction, right, or term, or any plortion(s), thereof,
shall neither limit nor impair the operation, enforceability, or validity of aniy
other condition, provision, reservation, restriction, right, term, or any
remaining portion(s) thereof. All other conditions, provisions, reservations,
restrictions, rights, terms, and remaining, portion(s) thereof shall continue
unimpaired in; fuill force and effect.
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Section 10 - Integigt P . This Settlement constitutes the entire Settlement
and any representation or understanding of any kind preceding the date of
the parties" written final approval of this Settlement not specifically and
expiressly rnemoriaHzed herein is not binding on either Monroe County or
17RM except to the extent that it has been specifically andl expressly
memorialized in this Settlement.
Section 11 - Non-Reflance by Third-Parties. NIo Third-P,art y Beneficiaries.
No non-signatory person(s) or entity(ies), shall be entitled to enforce any third-
party cliaim(s) or entitlement(s) to or benefit(s) from any cond'tio'ns,
provisions, or terms hereunder.
Section 12 - 1 7RM warrants to
Monroe County that its approval, execution, and performance of this
Settlement has been dully authorized by alli necessary and/or required
corporate and other organizational action.
Section 13 - Exe.culioni in Coumiter part s. Monroe County and 17RM
acknowledge and agree that this Settlement may be executed in one or more
counterparts, each counterpart shall be considered an original portion, of this
Settlement, ands alll of which, shall constitute a s,ingle instrument.
Section 14 - Effective Date. Once fully and finally executed by Moiniroe
County and 17RM, this Setflement shall be consideiredl legally effective and
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bi,ndiing on the parties, including ors 17R 's cc or° min-in t and/or
succ sscr(s)-in-title.
WITNESSES
k ,P
.,
" fi
Wtriss No, 1 (Print m e,) For 114,RM I rt vstmuts, i� rirrt Name),
'cr 1�' .f' '. I n `sturrr "
W',itfi s �Jc . .1 (fir � _ its .. i rr tur
mr S S I Official cit 1T 9: Manager
Witness No,. 2 (Print Name)
Wiitnies I stare)
STATE OF FLORIDA,,,,,,,,,),",.
The foregoing Settlement Agreement was acknowledged tested before
me this p 0, who
is prsc �1 know m t� me cr pr duced �s �r�cf f
,mm� r. � � �..�...�._�..._
identification and did tale an oath,
ti
ti
r
k rr
1�.,L
Notary Public r init 'sate) Notary P,uibl�lc (Signature)
s i DANd E LA MAMA GANDARILLAS
Notary Pubkc-State of t lorWa
My Comm.Expires Jan A,202 7
Bonded through Ntit4nnai Notary Assn,
[The remainder of this page has been intentionally left blank.]
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PASSED AND ADOPTED by the Board of Courity Commissioners of
Mloniroe County, Florida, at a regular meeting held on the 20111 day of Septerm
20,23.
Mayor Craig Cates
Mayor Pro Tem Holily Merrill Rasch,ein
Commissioner J�ames K. Scholl
Commissioner David Rice
Comm ills,s ioner Michelle Linicoll�n
(S E'A lj BOARD
�kttest- KE%,iN mm)OK, Clerk 0FNIONROE COUAI'Y, FLORIDA
By. . ............. . .....
e%s i)eputy Clerk Njayor Craig Cales
MONROE COUWY ATTORNEY
Ap 'HE'D S TGf GRMI
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