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Resolution 070-1995Planning Department RESOLUTION NO. 070-1995 A RESOLUTION OF THE MONROE COUNTY BOARD OF COMMISSIONERS AUTHORIZING THE MAYOR TO EXECUTE, ON BEHALF OF MONROE COUNTY, AN AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, MONROE COUNTY AND ISLAND HOMES OF THE KEYS CONCERNING A PART OF GOVT. LOT 1, SECTION 32, TOWNSHIP 65 SOUTH, RANGE 33 EAST, KEY VACA , MONROE COUNTY, FLORIDA, APPROXIMATE MILE MARKER 53. WHEREAS, Island Homes of the Keys is the ownq,-©f real pi!5�per- ty described as: _ XJ 13.3-acre island in a part of Govt. Lot 1, Sea on 3'�R, {1 Township 65 South, Range 33 East, Key Vaca'_ M6nro o County, Florida, and further described in Exhibit A; and WHEREAS, the prior owner of the subject property received major development approval from Monroe County for a five -phase multi -family project known as "Seawatch" pursuant to sect;nn 6-221, et seq., Monroe County Code (now repealed), the island portion of which was not developed under the major development approval; and WHEREAS, the current corporate owner is successor in title to the original owners of the Seawatch development and as such owns the subject 13.3-acre island which is presently undeveloped ex- cept for 43 completed Seawatch condominium boat docks; and WHEREAS, in preparing its Comprehensive Plan adopted by Ordi- nance No. 016-1993, on April 15, 1993, Monroe County approved a density designation of Residential -High for the island on its comprehensive plan future land use map; and WHEREAS, the Department of Community Affairs recommended and the Administration Commission published proposed administrative Rule No. 28-20.100(34) (f), F.A.C., which will change the future land use map designation of the island from Residential -High (RH) to Residential -Low (RL), thereby reducing density on the island; and WHEREAS, the parties hereto wish to avoid potential litiga- tion, including the uncertainty, expense and delay attendant thereto, regarding the future land use map designation and future development potential of the island; and WHEREAS, The Florida Department of Community Affairs, Island Homes of the Florida Keys and Monroe County agree to the follow- ing: 1. Development Authorized. Notwithstanding the density regula- tions now or hereafter applicable to the subject property, a portion of the hammock acreage of the island and the approximate- ly 1.38 acres of disturbed area of the island may be developed with a maximum of eight (8) single-family residences as provided in paragraph 3 below. Detached habitable space (e.g., bedroom additions, guest units, maid's quarters and similar structures) are not allowed. Roads necessary for access to and on the is- land, if any, shall be developed pursuant to the Monroe County land development regulations in effect at the time of permit- ting. No development other than the existing boat docks, neces- sary access roads and the residential units specifically author- ized in the Agreement shall be allowed on the island. 2. Location of Residential Development The map attached as Exhibit B hereto is an approximation of the habitat on the is- land. Pursuant to a field verification of the habitat conducted by Monroe County in connection with this agreement, the parties agree that the area designated as "hammock" on Exhibit B hereto consists of 7.49 acres of undisturbed palm hammock and .67 acres of berm. The land area which may be utilized for the maximum of eight (8) single-family residences shall be sited within the disturbed area and/or within a maximum of 3.16 acres of the palm hammock as follows: a maximum of seven (7) single-family resi- dences may be sited in the palm hammock and one (1) single -fami- ly residence may be sited in the disturbed area. The area uti- lized for the single-family residences (or, if subdivided, each lot within the area utilized for the single-family residences) shall be contiguous, it being the parties' intent that develop- ment shall not be scattered but shall be confined within one portion of the island. 3. Grandfathered Densit • Development Subject to Land Use Regulations. The development authorized under this Agreement shall be deemed to be grandfathered for density only under the Monroe County comprehensive plan, including any amendments adopt- ed by the Monroe County Board of County Commissioners or adopted by rule of the Administration Commission, now or hereafter in effect. Otherwise, the development authorized under this agree- ment shall be subject to all Monroe County land development regu- lations in effect at the time the Owner or its successor applies for a building permit or permits from Monroe County for such development, including but not limited to the County's rate of growth regulations and its environmental design criteria. The Owner recognizes that the environmental design criteria include clustering and open space requirements. The Owner fur- ther recognizes that the disturbed area and the maximum of 3.16 acres of palm hammock which may be utilized under this agreement will be subject to those environmental design criteria. It is the intent of the parties to preserve undisturbed in its natural state as much of the palm hammock vegetation on the island as possible while at the same time allowing some limited residential development on the island. 4. Land_ Use Designation Under Proposed Rule 28-20 100(34) F.A.C. The Owners hereby waive any present or future challenge to the Residential Low land use designation. S. Major Development Approval. The parties acknowledge and agree that the subject 13.3-acre island shall not be developed under the major development approval previously granted for the condominium development known as "Seawatch," and that the major development approval is deemed by all parties to be void and of no further force and effect as to the island. 6. Covenant• Binding Effect; Recordation and Proof Thereof. This agreement is intended to and shall create a covenant running with the land. This agreement shall inure to the benefit of and be binding on Island Homes of the Keys, Inc., Monroe County, and the Department of Community Affairs, and their heirs, successors and assigns, including subsequent purchasers of the subject prop- erty from Island Homes of the Keys, Inc. Within fourteen (14) days after the date of this Agreement, the Owner shall record this Agreement in the public records of Monroe County, Florida, or shall mail this Agreement to the Clerk for recording, and shall promptly thereafter furnish to the Department of Community Affairs and Monroe County Proof of recordation, including the book and page number where this Agreement is recorded. Proof of recordation shall be directed to Mike McDaniel, Growth Management Administrator, Region II Department of Community Affairs, 2740 Centerview Drive, Tallahassee, FL 32399-2100 and Lorenzo Aghemo, Monroe County Planning Director, Monroe County Growth Management Division, Marathon Regional Service Center, 2798 Overseas High- way, Suite 400, Marathon, FL 33050, or such other persons as they shall designate in writing on behalf of their respective govern- ment entities. WHEREAS, the staff report by Lorenzo Aghemo, Director of Planning, found that the agreement between the Florida Department of Community Affairs and Island Homes of the Keys complies with the Monroe County Land Development Regulations; and WHEREAS, the Director of Planning and the planning staff consider the agreement to be in the public health, safety and welfare; and WHEREAS, therefore, the staff report by Lorenzo Aghemo, Direc- tor of Planning, recommends approval of the agreement and recom- mends that the Board of County Commissioners authorize the Mayor to execute on behalf of Monroe County the agreement between the Florida Department of Community Affairs, Monroe County and Island Homes of the Keys; BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT: The Board of Commissioners of Monroe County, Florida, agrees with the recommendation of the Director of Planning that the execution of this agreement would be in the best interests of the citizens of Monroe County; and Therefore, that the Mayor is hereby authorized to execute the agreement between the Florida Department of Community Affairs, Monroe County and Island Homes of the Keys, a copy of said agree- ment is attached hereto and incorporated by reference; and That the Clerk of the Board is hereby directed to forward three certified copies of the agreement to the Division of Growth Management. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 21st day of February , A.D. , 1995. Mayor Freeman yes Mayor Pro Tem London yes Commissioner Douglass yes Commissioner Harvey yes Commissioner Reich yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By • MAYOR/CHAIRMAN (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK I' 17 / DEPUTY CLERK Resolution # 071-1995 AGREEMENT THIS AGREEMENT is entered into between ISLAND HOMES OF THE KEYS, INC., a New Jersey corporation; MONROE COUNTY, FLORIDA; and the DEPARTMENT OF COMMUNITY AFFAIRS, State of Florida (herein "DCA"). WHEREAS, Island Homes of the Keys, Inc., is the owner of an approximately 13.3-acre island within the development originally known as "Seawatch," the island portion of which is described on Exhibit A attached hereto and made a part hereof; and WHEREAS, the said real property is within the boundaries of the Florida Keys Area of Critical State Concern, as designated pursuant to Sections 380.05 and 380.0552, Florida Statutes; and WHEREAS, the Department of Community Affairs is the state land planning agency under Chapter 380, Florida Statutes, the Florida Environmental Land and Water Management Act of 1972 (herein "the Act"), with the duty and responsibility for the general supervision of the administration and enforcement of the Act and all rules and regulations promulgated thereunder, including the Monroe County comprehensive plan and land development regulations; and WHEREAS, the prior owner of the subject property received major development approval from Monroe County for a five -phase multi -family project known as "Seawatch" pursuant to Section 6-221, et seq., Monroe County Code (now repealed), the island portion of which was not developed under the major development approval; and WHEREAS, the current corporate owner is successor in title to the original owners of the Seawatch development and as such owns the subject 13.3-acre island which is presently undeveloped except for 43 completed Seawatch condominium boat docks; and WHEREAS, in preparing its Comprehensive Plan adopted by Ordinance No. 016-1993, on April 15, 1993, Monroe County approved a density designation of Residential -High for the island on its comprehensive plan future land use map; and WHEREAS, pursuant to Section 380.0552(9), Florida Statutes, because of the Department's assessment of the environmental sensitivity of the island, the Department recommended and the Administration Commission published proposed administrative Rule No. 28-20.100(34) (f), F.A.C., which will change the future land use map designation of the island from Residential -High (RH) to Residential -Low (RL), thereby reducing density on the island; and WHEREAS, the parties hereto wish to avoid potential litigation, including the uncertainty, expense and delay attendant thereto, regarding the future land use map designation and future development potential of the island, and it is in their best interests to do so; and WHEREAS, pursuant to Section 380.032(3), Florida Statutes, the Department may enter into agreements with any landowner, developer, or governmental agency as may be necessary to effectuate the provisions and purposes of the Act or any rules promulgated thereunder; and WHEREAS, the Department finds that this agreement is proper and necessary to effectuate the provisions and purposes of the Act and the Monroe County comprehensive plan adopted thereunder. NOW, THEREFORE, in consideration of the mutual promises and 2 covenants contained herein and the benefits accruing to each party, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Recitals. The above recitals are incorporated herein and form a material part of this agreement. 2. Development Authorized. Notwithstanding the density regulations now or hereafter applicable to the subject property, a portion of the hammock acreage of the island and the approximately 1.38 acres of disturbed area of the island may be developed with a maximum of eight (8) single-family residences as provided in paragraph 3 below. Detached habitable space (e.g., bedroom additions, guest units, maid's quarters, and similar structures) are not allowed. Roads necessary for access to and on the island, if any, shall be developed pursuant to the Monroe County land development regulations in effect at the time of permitting. No development other than the existing boat docks, necessary access roads, and the residential units specifically authorized in this Agreement shall be allowed on the island. 3. Location of Residential Development. The map attached as Exhibit B hereto is an approximation of the habitat on the island. Pursuant to a field verification of the habitat conducted by Monroe County in connection with this agreement, the parties agree that the area designated as "hammock" on Exhibit B hereto consists of 7.49 acres of undisturbed palm hammock and .67 acres of berm. The land area which may be utilized for the maximum of eight (8) single-family residences shall be sited within the disturbed area 3 and/or within a maximum of 3.16 acres of the palm hammock as follows: a maximum of seven (7) single-family residences may be sited in the palm hammock and one (1) single-family residence may be sited in the disturbed area. The area utilized for the single- family residences (or, if subdivided, each lot within the area utilized for the single-family residences) shall be contiguous, it being the parties' intent that development shall not be scattered but shall be confined within one portion of the island. 4. Grandfathered Density; Development Subiect to Land Use Regulations. The development authorized under this Agreement shall be deemed to be grandfathered for density only under the Monroe County comprehensive plan, including any amendments adopted by the Monroe County Board of County Commissioners or adopted by rule of the Administration Commission, now or hereafter in effect. Otherwise, the development authorized under this agreement shall be subject to all Monroe County land development regulations in effect at the time the Owner or its successor applies for a building permit or permits from Monroe County for such development, including but not limited to the County's rate of growth regulations and its environmental design criteria. The Owner recognizes that the environmental design criteria include clustering and open space requirements. The Owner further recognizes that the disturbed area and the maximum of 3.16 acres of palm hammock which may be utilized under this agreement will be subject to those environmental design criteria. It is the 4 intent of the parties to preserve undisturbed in its natural state as much of the palm hammock vegetation on the island as possible while at the same time allowing some limited residential development on the island. 5. Land Use Designation Under Proposed Rule 28-20.100(34), F.A.C. In light of the parties' agreement regarding density in the preceding paragraphs of this agreement, the parties agree that the Administration Commission's proposed Rule 28-20.100(34), F.A.C., designating the future land use designation of the subject property as Residential Low (RL) shall remain unchanged. The Owners hereby waive any present or future challenge to the Residential Low land use designation. 6. Release; Costs and Attorney's Fees. The Owner waives any claim it has or may have against the Department or the Administration Commission arising out of the recommendation or publication of proposed administrative Rule 28-20.100(34), F.A.C. Each party shall bear its own costs and attorney's fees incurred in connection with this agreement. 7. Maior Development Approval. The parties acknowledge and agree that the subject 13.3-acre island shall not be developed under the major development approval previously granted for the condominium development known as "Seawatch," and that the major development approval is deemed by all parties to be void and of no further force and effect as to the island. 8. Scope of Authority. This agreement affects the rights and obligations of the parties under the provisions of Chapter 380, 5 Florida Statutes, relating to areas of critical state concern. It is not intended to influence or determine the authority or decisions of any other state or local government or agency in issuance of any other permits or approvals that might be required by state law or local ordinance for any development authorized by this Agreement. 9. Duplicate Originals. This Agreement may be executed in any number of originals, all of which evidence one agreement, and only one of which need be produced for any purpose. 10. Entirety of Agreement; Amendment. This Agreement constitutes the entire agreement of the parties. This Agreement may be modified or amended only by a separate written instrument signed by all parties hereto and recorded in the public records of Monroe County, Florida, as provided in paragraph it below. 11. Covenant; Binding Effect; Recordation and Proof Thereof. This agreement is intended to and shall create a covenant running with the land. This agreement shall inure to the benefit of and be binding on Island Homes of the Keys, Inc., Monroe County, and the Department of Community Affairs, and their heirs, successors, and assigns, including subsequent purchasers of the subject property from Island Homes of the Keys, Inc. Within fourteen (14) days after the date of this Agreement, the Owner shall record this Agreement in the public records of Monroe County, Florida, or shall mail this Agreement to the Clerk for recording, and shall promptly thereafter furnish to the Department and Monroe County proof of recordation, including the book and page number where this Rt Agreement is recorded. Proof of recordation shall be directed to Mike McDaniel, Growth Management Administrator, Region II, Department of Community Affairs, 2740 Centerview Drive, Tallahassee, FL 32399-2100, and Lorenzo Aghemo, Monroe County Planning Director, Monroe County Growth Management Division, Marathon Regional Service Center, 2796 Overseas Highway, Suite 400, Marathon, FL 33050, or such other persons as they shall designate in writing on behalf of their respective government entities. 12. Date of Agreement. The date of this Agreement is the date the last party signs this Agreement. IN WITNESS WHEREOF, the parties, by their duly authorized undersigned representatives, have executed this Agreement on the dates and year below written. ISLAND HOMES OF THE KEYS, INC. a New Jersey corporation ( CORPORATE SEAL) By ,l ' ' Anna L. Hotz President and By Robert M. Rehbock Secretary STATE OF COUNTY OF /tlOn:L , The foregoing instrument was acknowledged before me this /ei day of J7.,7va-.-y , 1995, by Anna L. Hotz as President of Island Homes of the Keys, Inc., who is personally 7 k n o w n t o m e c1`-r W--h--e h a s---g re 3 11 r. -s and who d;tid- (did not) take an oath. Notary Public Name (typed, printed or stamped) Commission Num MyCOMMISSpN#CC211M _. .•_ ?= EVIREES: JLdYY 2{81,,19% IN •:Tl• Thru r'/ rY11w. My commission STATE OF 2 DQ COUNTY OF 114 ow 2c r The foregoing instrument was acknowledged before me this /677* day of . --j,-7 Jcr, 1995, by Robert M. Rehbock, as Secretary of Island Homes of the Keys, Inc., who is personally known to me as Went lea, and who d4A (did not) take an oath. Notary Public �, I Name (typed, printed or stamped) -------------- Commission Numbe:'"'' ;.. My COMMISSION / CC 21109 EXPIRES: J* 26,19M My commission ex ' Y V BMWnmwaywe*UW~ MONROE COUNTY, FLORIDA By Mayor Shirley Freedran ATTEST: LATE: February 21, 1995 DANNY L. KOLHAGE, CLERK By Deput Cler] STATE OF FLORIDA COUNTY OF MONROE /Shirley Freeman This instrument was acknowledged before/me this a,"d, day of �yl,u��% , 1995, by Mayor of Monroe County, who,is personally known to me and who did not take an oath. I I I- -- - -- M E RUTH ANN JANTZEK Name (typed, printed or stamped) Notary STATE -OF FLORA C /Y301Z BONDED PubNc Cac= z 195 Commission Number My commission expires: DEPARTMENT OF COMMUNITY AFFAIRS, An Agency of the State of Florida By Date Charles Pattison Director, Division of Resource Planning and Management STATE OF FLORIDA COUNTY OF LEON This instrument was acknowledged before me this day of 1 1995, by Charles Pattison, Director, Division of Resource Planning and Management, Department of Community Affairs, who is personally known to me and who did not take an oath. Notary Public Name (typed, printed or stamped) Commission Number My commission expires: 0 00tp4_ BA'�- iQCA? I.ON MAP . Dessriptio,: AerM! of Jrnd in Lorernmen! Let i, Searo'or J2, 7eenshfy 65 Fos: one to vmpSo.*,. honge Rev. Vocc. A40'.ror nvnt Lot 1• Smc6an io�nsM'C 6f Souf,, hange :J Los,. on (•eynt); Fbnac anC Vein c matt portmwoflv esserioeG as lefJe.vC: COatelLNC'r e: r'nr Saytneer Ir.GS: Corner a.' 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