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*
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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
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