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Although it wasn't clear at the June 21 BOCC meeting, it appears that the "380 agreement" sought by the developer to raze the Seahorse Trailer Park (Big Pine Key) and transfer building rights to Key Largo, wasn't yet supposed to be discussed.  But it was on the meeting's agenda and Last Stand was there to state our opposition on the grounds that the project would eliminate more affordable housing than it would create.  Mayor McCoy allowed several speakers in favor of the project, but limited opposition to one speaker.  The debacle is described in the following article from the June 22 Key West Citizen:  (for further clarification, see 6/28 letter-to-editor)

Developer pulls 380 agreement before County vote

BY ANN HENSON

Citizen Staff

MARATHON — Confusion over a contentious 380 agreement the County Commission was supposed to vote on Wednesday ended in the developer pulling his project from the agenda.

Carl Cataudella of Boca Developers said he wants to discuss the project with county planners and bring a proposal back for a vote within 60 days.

The developer has proposed razing the Seahorse Trailer Park on Big Pine Key and building 40 units of affordable housing, which would be donated to the county. In exchange, the county would let the developer transfer building rights to the former Rowell's Marina property in Key Largo to build 130 market-rate homes called Marine Grande.

At the meeting, Assistant County Attorney Jerry Sanders said the developer sent the county a letter asking the commission to delay its vote.

Cataudella stood up and said, "We never asked for a continuance. Instead of a 380 agreement, we are asking to continue negotiating with staff with a development agreement."

It is unclear why Cataudella unexpectedly changed course during the meeting. When The Citizen questioned him after the meeting, he seesawed again, saying he didn't realize a development agreement would have precluded him from transferring the building rights.

The county and state have to approve 380 agreements as exceptions to county codes that prohibit transferring building rights from one planning area to another. The late Commissioner Murray Nelson had negotiated the agreement and set it for a vote several months ago, but the issue was continued until Wednesday. Commissioners David Rice and George Neugent said they would not vote for it. It is unclear how the other three commissioners would have voted.

Some county watchers speculated the developer may be waiting for the county to act on a proposed ordinance that would legalize 380 agreements, without specifying how much affordable housing the developer must build, and cut the state out of the approval process.

"If it passes while I'm going through this process, fine. I'll take advantage of it," Cataudella said. "Our goal is to redevelop Rowell's."

The meeting room was packed with people who wanted to speak about the plan. The Key Largo Federation of Homeowners Associations opposes it, while Seahorse Trailer Park residents have flip-flopped to become proponents. The developer said he provided transportation for them to attend.

"He's using them for his own purposes and I don't like that," County Mayor Sonny McCoy complained.

Ignoring the board attorney's legal advice, McCoy allowed only one person from each group to speak, and denied the opportunity to Dennis Henize, representing Last Stand.

A Seahorse resident who spoke said the developer promised to pay for their trailers, provide them with interim housing and give them first shot at renting the apartments. The Key Largo federation says Key Largo would not benefit from the plan, that it would increase density, increase hurricane evacuation time, and be out of character for the island.

"This county is facing the disappearance of marinas and mobile home parks, the things we say we are trying to save," Neugent said. "I can't understand this."

ahenson@keysnews.com

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