Loading...
Resolution 220-1990Growth Mai._ nc RESOLUTION NO. 220 - 1990 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AUTHORIZING THE MAYOR/CHAIRMAN TO ENTER INTO A SETTLEMENT AGREEMENT BY AND BETWEEN JOHN AND ROBIN TAKOVICH, THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, AND MONROE COUNTY. WHEREAS, it is in the best interest of the County to enter into a settlement agreement with John and Robin Takovich and the Florida Department of Community Affairs regarding Monroe County building and biological permits (respectively 891-0002469 and 891-0002180), BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Mayor/Chairman of said Board is authorized to enter into a settlement agreement by and between John and Robin Takovich, The Florida Department of Community Affairs, and Monroe County, Florida. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 28th day of March A.D. 1990. Attest: tQ DANNY L. K RAGE, CLE (SEAL) BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairman o 0 70 N N W APPROVED AS 10 FORM AND GAL FFICIENCY B Attorneys Office STATE OF FLORIDA LAND AND WATER ADJUDICATORY COMMISSION IN RE: BUILDING PERMIT NO. 891 000 2469 AND BIOLOGICAL PERMIT NO. 891 000 2180, ISSUED TO JOHN AND ROBIN TAKOVICH BY MONROE COUNTY IN THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN. CASE NO. 90-9 SETTLEMENT AGREEMENT This Agreement is made and entered into by the FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ("DCA"), Petitioner, JOHN TAKOVICH and ROBIN TAKOVICH, Permit Holders, and MONROE COUNTY, a political subdivision of the State of Florida, W I T N E S S E T H: WHEREAS, on January 8, 1990, MONROE COUNTY issued to the TAKOVICHES Building Permit No. 891 000 2469 for a single-family residence and Biological Permit No. 891 000 2180 for after -the - fact land clearing on real property known as Lot BE, Palm Drive, Big Pine Key, Monroe County, Florida; and WHEREAS, a controversy has arisen between DCA and the TAKOVICHES regarding the clearing of the said property, resulting in the timely filing of the above -styled appeal to the Florida Land and Water Adjudicatory Commission; and WHEREAS, DCA and the TAKOVICHES desire to avoid the expense and delay of lengthy litigation, resolve this controversy, ensure the proper enforcement of the Monroe County land development regulations, site a residence on the property, and establish conditions of restoration as expressed in this Agreement, and it is in their best interests to do so; and WHEREAS, in securing the above permits, the TAKOVICHES stipulated that the property is comprised of pine lands of high quality pursuant to the provision of Chapter 9.5, Monroe County Code, and the restoration plan contained in this agreement reflects that stipulation; and WHEREAS, DCA is authorized under Section 380.032(3), Florida Statutes, to enter into an agreement with a landowner, developer, or governmental agency as may be necessary to effectuate the provisions and purposes of Chapter 380, Florida Statutes, or any rules promulgated thereunder, and this agreement is consistent with the statute; and WHEREAS, MONROE COUNTY joins in this agreement to assist the parties in accomplishing and enforcing same. NOW, THEREFORE, in consideration of the mutual undertakings contained herein, and in consideration of the benefits to accrue to the parties, the receipt and sufficiency of which are hereby acknowledged, it is agreed as follows: 1. The above representations are hereby incorporated by reference and acknowledged to be true and correct. 2. As soon as water is hooked up on site but no later than one hundred twenty (120) days after the effective date of this agreement, the TAKOVICHES shall begin restoration of the subject property as follows: (a.) A minimum of 100 canopy and midstory trees shall be planted, and a minimum of 50 understory and groundcover species shall be planted. (b.) Canopy and midstory trees to be planted shall be a minimum of 2-4 feet in height and understory species shall be a minimum of 1-2 feet in height. Groundcover species shall be obtained in pots no smaller than 3 inches in diameter. (c) A minimum of 20% of the 100 trees shall consist of slash pines. (d.) A minimum of 20% of canopy and midstory trees and 20% of understory and groundcover species shall consist of State protected species, as identified on the attached pineland species list. (e.) A minimum of 10 species will be planted. The species shall be selected from the attached pineland species list. (f) Trees shall be planted on 5 foot centers. (g) Restoration shall take place generally in the areas identified on the attached vegetation survey. Placement of trees and plants shall be coordinated with DCA Field Office staff. (h.) All species will be tagged for identification to determine survivability and replacement, as needed. (i.) At least 80% of the species planted shall survive for a 1 year period after the last planting. Dead or dying trees and plants shall be replaced as necessary to ensure 80% survivability at year's end. (j.) An invasive exotic removal program shall be implemented for 1 year after planting. (k.) Clean soil, uncontaminated by seed of exotic plant species, shall be placed at each planting site. (1.) Planting shall occur prior to obtaining a certificate of occupancy from Monroe County, for any structure on the subject property. (m.) The TAKOVICHES shall advise DCA and MONROE COUNTY when planting has been completed. 3. MONROE COUNTY shall not issue to the TAKOVICHES a certificate of occupancy for a structure on the subject property until the planting required under paragraph 2. above has been completed. 4. In order to minimize additional land clearing, the TAKOVICHES agree to site their proposed residence so that both the residence and the 15-foot firebreak are in the area of sparse vegetation as shown on the attached vegetation survey. The TAKOVICHES agree to coordinate with DCA Field office staff the precise location of the residence on the subject property by stakes or otherwise prior to commencement of construction. 5. In consideration of these mutual covenants, DCA agrees to file a dismissal of its above -styled permit appeal in this case within 15 days of the execution of this Settlement Agreement by all signatories. 6. This Agreement becomes effective and binding on the parties upon execution, filing of a dismissal of the action by the DCA, and entry of a final order of dismissal by the Florida Land and water Adjudicatory Commission. 7. This Agreement shall survive dismissal of the above - styled action and shall be binding on -2-)_ZZ-9 Date Date 3/3a/o DATE �T March 28, 1990 DATE the parties hereto forever. JO TAKOVICH RO IN TAKOVICH FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS BY WG� BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA- BY (SEAL) DAN1Y Lam„ OI.HAGF: Attest: "-� `�" _ PIP* W'-ZA�'0'7' _� i A�R .. .t APPROVED AS TO FORM AND LEGAL SUFF/CIENCY. B AKorney's Office NATIVE PINELAND PLANT SPECIES CANOPY Slash Pine MID STORY * Silver Palm * Keys Thatch Palm Blackbead Pisonia UNDERSTORY * Long -stalked stopper Locustberry * Big Pine Partridge Pea (Keys Senna) Saw Palmetto GROUNDCOVER * Golden Creeper Sand Flax * Pineland Brake Fern * Pine Fern Wild Croton * Pine Pink Orchid * State protected species Pinus elliottii var. densa Coccothrinax argentata Thrinax morrisii Pithecellobium keyense Pisonia rotundata Psidium longipes Byrsonima lucid Cassia keyensis Serenoa re ens Ernodea littorallis Linum arenicola Pteris longifolia Anemia adiantifolia Croton linearis Bletia purpurea *r J-� ro ' ,1 0 � zAn } w 04 A 4 � a d to W 1 h+ Qll ..1 S ' o ti > .01 TT ILE ►r I 1 � £0'd £LL9 Z6Z S0Z .A � r- Sb:60 066T/L0i£0