Item S7
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 19,2002
Division:County Attorney/Growth Management
Bulk Item: Yes
No X
Department: N/A
AGENDA ITEM WORDING: Approval of Settlement Agreement with Richard M. Osborne, as
Trustee, and Conch Contrada, L.c.
ITEM BACKGROUND: The Plaintiffs Richard M_ Osborne, as Trustee, and Conch Contrada, L.c.,
filed suit in Circuit Court (Case No. CA-K-O 1-1 08) seeking declaratory judgment and compensatory
relief claiming that they were being denied all economically beneficial or productive use of their
respective properties on Stock Island_ The Osborne property received major conditional use approval
from the Planning Commission (P3-97) on January 1, 1997, to construct a 35.200 square foot mini-
storage facility. The Conch Contrada property received minor conditional use approval (D.O. #5-99)
from the Planning Director on August 4, 2000, to construct a 7,500 square foot restaurant_ Neither of the
approved projects could be issued building permits because insufficient floor area was available for
allocation under Comprehensive Plan Policy 101.3.1 and a non-residential permit allocation system had
not been enacted_
The two plaintiffs have agreed to drop all their claims, including any for damages and compensation, in
return for the County agreeing to immediately process: (1) Osborne's building pemlit application once it
is received after July ]4,2003 (ROGO Year 12), for construction ofa 35,200 mini-storage facility: and
Conch Contrada's building permit application once it is received after July 14,2002 (ROGO Year] I),
for construction of a 7, 500 square foot restaurant_ This total floor area will be deducted from the non-
residential floor area available under the County's non-residential permit allocation system.
PREVIOUS RELEVANT BOARD ACTION: N/ A
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION: Approval
TOTAL COST: N/A
BUDGETED: Yes
No
N/A
COST TO COUNTY: N/A
REVENUE PRODUCING: Yes N/A No
AMOUNT PER MONTH N/ r\ YEAR
APPROVED BY: County Attorney X
Risk Manmgement
N/A
DIVISION DIRECTOR APPROVAL
DOCUMENT A TIO~ncluded L
To follO\v
Not Requin.ed
AGENDA ITEM #: C~l
DISPOSITION:
IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL
CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA
RICHARD M. OSBORNE, as Trustee;
and CONCH CONTRADA, L.C., a
Florida Limited Liability Company,
piaintiffsl Petitioners,
Case No. CAK-OI-I08
v.
MONROE COUNTY, a political
subdivision of the State of Florida;
and JOSEPH P ASKALIK, in his official
capacity as Building Official,
Defendant! Respondents.
/
SEITLEMENT AGREEMENT
Plaintiffs RICHARD M. OSBORNE, as Trustee ("Osborne"), and CONCH
CONTRADA, L.e., a Florida Limited Liability Company ("Conch Contrada''), and
Defendants, :MDNROE COUNTY, a political subdivision of the State of Florida
("Monroe County''), and JOSEPH P ASKALIK, in his official capacity as Building
Official ("Paskalik"), having amicably resolved their differences which gave rise to this
action, hereby agree to settle this matter between them upon the following terms and
conditions:
1. As to Osborne, Monroe County agrees: a) that a Major Conditional Use to
construct a 35,200 sq. ft. mini-storage warehouse has been approved, with conditions, by
Monroe County Planning Commission on January 27,1997, under Resolution No. P3-97,
recorded at O. R. Book 1446, pages 2205 - 2207; b) that a variance with regard to off-
street parking, reducing the number of required parking spaces from 3.0 to 2.5 per 1,000
sq. ft. of floor area for the proposed mini-storage warehouse was granted by the Monroe
County Planning Commission on January 17, 1997, under Resolution No. P2-97; and, c)
that both development orders are presently valid and in full force and effect.
2. As to Conch Contrada, L.C., Monroe County agrees: a) that a Minor
ConditioiIal Use Development Order No. 5-99 to construct one 7,500 square foot
restaurant, to relocate an existing sewage treatment facility, and to locate a shared
driveway, was approved, with conditions, by the Planning Director of Monroe County on
August 4, 2000, recorded in OR Book 1654, pages 1591-1595; and, b) that this
development order is presently valid and in full force and effect.
3. Notwithstanding anything in any of the development orders referred to in
paragraphs 1 or 2, above (and, specifically Condition No. 1 in Conditional Use
Development Order No. 5-99), or any other provision of the Comprehensive Plan or
Ordinances of Monroe County, no building permit shall be denied to either Osborne or
Conch Contrada, L.C., on the basis of Monroe County's regulations relating to non-
residential rate of growth or the adoption (or lack of adoption) of a nonresidential permit
allocation system or its equivalent, including, but not limited to, the regulations set forth
in Monroe County Comprehensive Plan Policies 101.3.1 through 101.3.5, and Monroe
County Ordinance No. 032-2001.
4. In accordance with the development orders referred to in paragraph 1,
above, Monroe County agrees to process promptly upon submittal Osborne's application
for building permit for construction of a 35,200 sq. ft. mini-storage warehouse in ROGO
Year 12 (July 14,2003, through July 13,2004).
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5. In accordance with the development order referred to in paragraph 2,
above, Monroe County agrees to process promptly upon submittal Conch Contrada's
application for building permit for construction of one 7,500 square foot restaumnt, to
relocate an existing sewage treatment facility, and to locate a shared driveway, in ROGO
Year 11 (July 14,2002, through July 13,2003).
6. Except as expressly provided herein, Osborne and Conch Contrada, L.C.,
Monroe County and Paskalik, waive any claim that each asserted or was capable of
asserting in this cause and each shall bear its own attorney's fees and costs of this
proceeding. In particular, and without limitation, Osborne and Conch Contrada, L.C., on
behalf of themselves, their members, beneficiaries and any others claiming by or through
them, waive all chums for damages and compensation for denial of due process and
inverse condemnation (also referred to as regulatory or temporary taking) arising from
the County's actions and regulations prior to the date of this Settlement Agreement.
7. The Plaintiffs Osborne and Conch Contrada, L.C. will prepare and submit
to the Court a ''Notice of Voluntary Dismissal With Prejudice" of their present claims
against the Defendants.
8. All parties acknowledge that this agreement is entered into for the purpose
of settling pending litigation and does not constitute an admission or evidence that any
actions of Monroe County or its employees that Plaintiffs complain of were unlawful,
unconstitutional or deprived Plaintiffs or any others of any rights or property.
Witness
Charles "Sonny" McCoy, Mayor of
Monroe County
Dated
(print Name of Witness)
3
06/05/2002 ~EU 15:23 FAA J05 bbJ U21~ LL~~~ rtl~A~ & ~~rtK~lb~~
Witness
TH"I/,,,",M }". S""T/.r
(print Name of Wjtnes~)
rvu~ r1t.~
WA\:c.nd Ie. ~ '-Chats
(Print Name of Witness)
~~ sufficiency
Mark S. Ulmer, Esq.
Special ColUlSel to Monroe County
If1J uu~/ uu~
Joseph Paskalik, as Building 01Iicial
For Monroe Connty
Dated
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Dated S:,:/). :;()()~
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. . tonch a, L.C.
Dated . ~
4