Item B09
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 25.2006
Division:
County Attornev
Bulk Item: Yes _ No ~
Department: County Attornev
Staff Contact Person: Bob Shillinger x3470
AGENDA ITEM WORDING: Discussion of settlement proposal in Walgreen vs. Monroe County
and Florida Keys Citizens Coalition (Intervenor).
ITEM BACKGROUND: The County is involved in a certiorari appeal over the denial of Walgreen's
major conditional use application which had been filed with the intent to replace the Scotty's building
on Big Pine with a new Watgreens. At a mediation session held on Monday:January 23,2006, the
parties were able to reach the frame work for a proposed agreement. The County Attorney's office
desires direction on whether to pursue this proposal further, with the understanding that the Board
would need to approve a final agreement, or let the Court decide whether the Planning Commission's
decision was in error. Note, the Florida Keys Citizens Coalition has been granted Intervenor status and
has not embraced the proposal. The proposed terms are set forth on the following page.
PREVIOUS RELEVANT BOCC ACTION: Board directed legal statTto explore a mediated
settlement on 9/28/05 and authorized Commissioner Neugent to represent the Board at mediation on
1/18106.
CONTRACT/AGREEMENT CHANGES: nla
STAFF RECOMMENDATIONS: Approval, continue negotiations.
TOTAL COST:
nJa
BUDGETED: Yes
No
COST TO COUNTY:
n/a
SOURCE OF FUNDS: nla
REVENUE PRODUCING: Yes
No .-.1QL
AMOUNT PER MONTH n/a Year nla
DIVISION DIRECTOR APPROVAL:
OMBlPurchasing _Risk Management_
~c~meY
APPROVED BY: County Atty ~
DOCUMENT A TION:
Included xx
Not Required_ TO FOLLOW
DISPOSITION:
AGENDA ITEM # e g
Revised 2/05
Under the framework discussed to date, the County would concede error in Walgreens v. Monroe
County & Florida Keys Citizens Coalition (Intervenors) thereby granting Walgreens' major conditional
use application with the following conditions:
1) the new Walgreens building would have a footprint of @ 16,520 square feet, a reduction of about
9,400 square feet from the existing structure; the unused commercial square footage would either be
used as a second floor for affordable/workforce housing or donated to the Land Authority and in lieu of
the affordable/workforce housing on the second floor, Walgreen's would build a package plant capable
of being expanded to provide central sewage to that portion of Big Pine.
2) the building would incorporate the design criteria set forth for the proposed Village Center as
illustrated in the Big Pine KeylUS 1 Corridor Area Enhancement Plan;
3) Walgreens would agree to withdraw its application to sell liquor onsite without prejudice to go
through the process to obtain that approval in the future;
4) Walgreeen's would limit its ground mounted sign to a size smaller than provided for in the sign
ordinance and would address spillover lighting issues;
5) Walgreens would agree to operate less than 24 hours per day.
6) Walgreens would build an access roadway open to the public with a bike path around the property to
relieve congestion on US I
7) Walgreens would plant appropriate landscaping to serve as a buffer zone.
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