Resolution 041-1996
Planning Department
RESOLUTION NO. 041-1996
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COMMISSIONERS AUTHORIZING THE MAYOR TO
EXECUTE, ON BEHALF OF MONROE COUNTY, AN
AGREEMENT BETWEEN THE FLORIDA DEPARTMENT
OF COMMUNITY AFFAIRS, MONROE COUNTY AND
BRIAN SULLIVAN, OWNER AND SEAMARK CONS-
TRUCTION, GENERAL CONTRACTOR CONCERNING
LOTS 8, 9, 45, 46, 47, AND 48, BLOCK 4,
CUTTHROAT HARBOR ESTATES, CUD JOE KEY
MONROE COUNTY, FLORIDA, APPROXIMATE MILE
MARKER 23.
WHEREAS,
scribed as:
Brian sullivan is the owner of real property de-
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Lots 8, 9, 45, 46, 47 and 48, Block 4, cutthroat.:HarbRf c:J
Estates, Cudjoe Key, Monroe County, Florida; and ro'n
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WHEREAS, on October 5 and November 22, 1994, respectiv:ely,
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Monroe County issued building permits nos. 94-tlOOO~76,
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94-1-0000775, and 94-1-0000777 authorizing development of single
family residences on the subject properties; and
WHEREAS, on December 27, 1994 and January 6, 1995, the Depart-
ment timely appealed the permits to the Florida Land and Water
Adjudicatory Commission; and
WHEREAS, pursuant to section 380.032(3), Florida Statutes,
the Department is authorized to enter into agreements with any
landowner, developer or governmental agency as may be necessary
to effectuate the provisions and purposes of The Act or any rules
promulgated thereunder; and
WHEREAS, Brian Sullivan will acquire certain real property
that is not the subject of this appeal, located in the Lower Keys
of Monroe County, Florida which is less environmentally sensitive
and more suitable for single family residential development than
the subject property; and
WHEREAS, Brian Sullivan received an award under the County's
Dwelling Unit Allocation Ordinance ("ROGO") authorizing construc-
tion of three (3) single family homes, which received positive
points for lot aggregation, low volume plumbing, exceeding the
base flood elevation by one foot, and ability to sustain a wind
load of greater than 130 mph; and
WHEREAS, Monroe County, in coordination with the Monroe Coun-
ty Land Authority, has elected to purchase the lots that are the
subject of this appeal for conservation purposes, at a purchase
price of $18,393.00 which represents the actual investment by the
owner; and
WHEREAS, the DCA, Brian Sullivan, owner; Seamark Construc-
tion, Inc. wish to make Monroe County a party to the agreement;
and
WHEREAS, the parties wish to avoid the expense, delay and
uncertainty of litigation and resolve the above-style development
order appeal and related issues under the terms and conditions
set forth herein, and it is their best interest to do so; and
WHEREAS, The Florida Department of Community Affairs, Brian
Sullivan, owner; Seamark Construction, Inc., General Contractor;
and Monroe County agree to the following:
1. Recitals. The above recitals are incorporated herein and
form a material part of this agreement.
2. The parties agree that the subject properties include environ-
mentally sensi ti ve lands that are not desirable for development
of single family homes.
3. Pursuant to this Settlement Agreement, the parties agree that
the subject single family homes shall and must be permitted in
the Lower Keys at other sites owned by Mr. Sullivan that are
comprised of disturbed uplands that are less environmentally
sensitive and more suitable for single family development, are
each served by paved roads, electric lines and FKAA water lines
(all existing on the effective date of this agreement) and are in
a recorded, platted subdivision designated "IS" on the County's
Land Use District Map, not to include any sites on Big Pine Key.
4. Under the unique circumstances of this case, Mr. Sullivan
shall be allowed to transfer his "ROGO Award" received under the
County's Dwelling Unit Allocation Ordinance (permitting develop-
ment of the subject single family houses) from the subject proper-
ty to the less environmentally sensitive site, identified in
paragraph 3, above, within two' (2) years of the effective date of
this agreement. Mr. Sullivan will not be required to submit a
new application for a new ROGO award in order to build the same
houses at the new site. The County will process a refund request
for all application, permitting and impact fees previously paid
and applicable fees will be assessed at the new locations when
permits are issued.
5. Mr. Sullivan may revise the subject site plans as necessary
to accommodate construction of the single family homes at the new
sites, but in no event shall the subject site plans be revised or
altered with respect to the structural design components (exclud-
ing lot aggregation) that contributed to or caused assignment of
positive ROGO points. Mr. Sullivan shall obtain building permits
for single family development on the new site wi thin two (2)
years of the effective date of this Agreement.
6. The County shall utilize funds received from State of Flori-
da, Department of Community Affairs, Florida Communi ties Trust
for the purpose of acquiring land in Monroe County rendered unde-
sirable for development by operation of the Dwelling Unit Alloca-
tion Ordinance, to purchase the subject property. Said purchase
shall occur no later than six (6) months from the effective date
of this Agreement.
7. Further Proceedings. Wi thin five (5) working days after
an amended development order consistent with this agreement is
rendered to the Department, the Department shall file a notice of
voluntary dismissal of this appeal and seek a final order from
the Florida Land and Water Adjudicatory Commission concluding
this appeal proceeding. By their signature hereon, the parties
to the agreement join in any request to place this matter in
abeyance pending issuance of an amended development order and the
filing of a notice of voluntary dismissal, and join in any re-
quest for entry of a final order consistent with this agreement.
8. Caveat. The parties acknowledge their disagreement over
whether the subject development order is consistent with the
provisions of Chapter 380, Florida Statutes, relating to areas of
cri tical state concern and the administrative rules promulgated
thereunder and have entered into this settlement agreement solely
in the spirit of compromise. By their signature hereon, no party
shall be deemed to have acquiesced in the position of another
party with regard to the proper interpretation and implementation
of statutory and regulatory provisions relating to areas of criti-
cal state concern. This agreement shall not be given
precedential effect with regard to any other development orders
for other projects in an area of critical state concern.
9. Retention of Riqht to Final Hearing. Should any party
fail to implement this agreement within the time periods pre-
scribed hereunder, or if this agreement is based upon materially
false or inaccurate information, any party shall be entitled to
withdraw from this agreement and seek a final hearing in this
case by motion filed with the Florida Land and Water Adjudicatory
Commission.
10. Certification of Understanding and Voluntary Execution;
Release; Costs and Attorney's Fees. The parties and/or their
authorized representatives each certify that they have read and
understand the terms and conditions of this agreement and that it
is voluntarily executed for the purposes of making a full and
final settlement of any and all claims, disputes or otherwise,
which could have been asserted against the other party as a re-
sult of the appeal of the subject development order. The parties
hereto release each other party from any and all claims of whatev-
er nature which arise or may arise out of the appeal of building
permit nos. 94-1-0000776, 94-1-0000775, 94-1-0000777. Each party
shall bear its own costs and attorney's fees incurred in this
proceeding.
11. Bindinq Effect; Recordation of Aqreement. This Agreement
shall be binding on the parties, their heirs, successors and
assign. Within ten (10) days after entry of a final order by the
Florida Land and Water Adjudicatory Commission concluding this
appeal, the Owner shall record this Agreement in the Public
Records of Monroe County, Florida, and shall promptly provide
proof of recordation to Monroe County and the Department, includ-
ing the official records book and page where this Agreement is
recorded. Proof of recordation shall be furnished by hand deliv-
ery or U.S. Mail, Postage prepaid to the County by directing same
to Antonia Gerli, Interim Planning Director, 2798 Overseas High-
way, Marathon, Florida 33050, and to the Department by directing
same to Mike McDaniel, Growth Management Administrator, Region 2,
Division of Resource Planning and Management, Department of Commu-
nity Affairs, 2740 Centerview Drive, Tallahassee, FL 32399-2100,
or to such other person or address as the County or Department
may hereafter direct in writing. Communications to the Own-
er/Developer regarding this agreement and the development author-
ized thereby shall be directed to Mr. Brian Sullivan, P.O. Box
421063, Summerland Key, Florida 33042.
WHEREAS, the staff report by Antonia Gerli, Interim Director
of Planning, found that the agreement between the Florida Depart-
ment of Community Affairs and Brian Sullivan, owner; and Seamark
Construction, Inc., General Contractor; complies with the Monroe
County Land Development Regulations; and
WHEREAS, the Interim Director of Planning and the planning
staff consider the agreement to be in the public health, safety
and welfare; and
WHEREAS, therefore, the staff report by Antonia Gerli, Inter-
im Director of Planning, recommends approval of the agreement and
recommends that the Board of County Commissioners authorize the
Mayor to execute the agreement between the Florida Department of
Community Affairs and Brian Sullivan, Owner; Seamark Construc-
tion, Inc., General Contractor;
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA THAT:
The Board of Commissioners of Monroe County, Florida, agrees
with the recommendation of the Interim Director of Planning that
the execution of this agreement would be in the best interests of
the citizens of Monroe County; and
Therefore, that the Mayor is hereby authorized to execute the
agreement between the Florida Department of Community Affairs,
Monroe County and Brian Sullivan, Owner; Seamark Construction,
Inc., General Contractor; a copy of said agreement is attached
hereto and incorporated by reference; and
That the Clerk of the Board is hereby directed to forward
three certified copies of the agreement to the Division of Growth
Management.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 17th day of January, A.D., 1996.
Mayor Freeman yes
Mayor Pro Tern London yes
Commissioner Douglass yes
Commissioner Harvey yes
Commissioner Reich yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By oS'~-F~
MAYOR/CHAIRMAN (SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
Resolution #
IY
By:~~_/~~~~
DEPUTY CLERK