Resolution 158-1994
FILED Ffm RECDR
Planning Department
RESOLUTION NO.
158-1994
~4 nnYR~1oEJ116N OF THE MONROE COUNTY BOARD OF
COMMISSIONERS AUTHORIZING THE MAYOR TO
,\ ,\EXECUTE, . ON BEHALF OF MONROE COUNTY, AN
fAGREEMENT BETWEEN THE FLORIDA DEPARTMENT
~laNRB~1ceM~W:tTY AFFAIRS, MONROE COUNTY, JOAN
NOLAN AND JEFFREY NOLAN CONCERNING LOT 9,
BLOCK 12, CUTTHROAT HARBOR ESTATES
SUBDIVISION, CUDDLE KEY, APPROXIMATE MILE
MARKER 23
WHEREAS, Joan and Jeffrey Nolan (herein "the Nolans") are the
owners of real property described as:
Lot 9, Block 12, Cutthroat Harbor Estates subdivision, Cudjoe
Key, Monroe County, Florida (herein "the subject property"); and
WHEREAS, on January 21, 1993, Monroe County issued to Ambrose
Splescia, building permit No. 9310005583 for the construction of
a vertical seawall dock on the subject property; and
WHEREAS, on March 12, 1993, the subject property and building
permit were transferred to the Nolans; and
WHEREAS, the Florida Department of Community Affairs (herein
"DCA") appealed the building permit in a timely manner to the
Florida Land and Water Adjudicatory Commission, alleging that the
subject permit did not comply with Section 9.5-345{m) (2), Environ-
mental Design Criteria for Mangroves and Submerged Lands, of the
Monroe County Land Development Regulations; and
WHEREAS, the DCA and the Nolans wish to avoid the expense and
uncertainty of litigation and resolve the pending appeal; and
WHEREAS, the DCA and the Nolans wish to make Monroe County
a party to the agreement; and
WHEREAS, the parties agree to the following:
1. The Nolans have prepared revised plans for a concrete cap to
control shoreline erosion and stormwater runoff on the property
in the area abutting the canal, said revised plans are attached
to the Settlement Agreement as 'Exhibit A' and incorporated here-
in. The revised plans do not include the installation of davits
on the concrete cap.
2. The recommendations on the revised plans shall be require-
ments, unless otherwise modified in this agreement.
3. The principal purpose of the seawall is to control shore
erosion and stormwater runoff on the property at the area abut-
ting the canal, and not to serve as a mooring or docking facility.
4. Within two weeks following the construction of the seawall,
the Nolans shall provide Monroe County and the DCA with written
or verbal notice that development is completed.
5. The DCA and Monroe County shall be allowed reasonable access
to the site for inspection and verification of adherence to the
revised site plan. Such inspections shall commence upon receipt
of notice from the Nolans that construction is completed.
WHEREAS, the staff report by Lorenzo Aghemo, Director of
Planning, found that the agreement between Monroe County, the
DCA and the Nolans complies with the Monroe County Land Develop-
ment Regulations; and
WHEREAS, the 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 Lorenzo Aghemo,
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, Monroe County and the Nolansi so
NOW, 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 Director of Planning that the
execution of this agreement would be in the best interests of the
citizens of Monroe CountYi and
Therefore, that the Mayor is hereby authorized to execute the
agreement between the Florida Department of Community Affairs,
Monroe County and the Nolans, a copy of s~id agreement is at-
tached hereto and incorporated by referencei 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
May
, A.D., 1994.
Mayor London yes
Mayor Pro Tern Cheal yes
Commissioner Freeman yes
Commissioner Harvey yes
Commissioner Reich yes
(SEAL)
BOARD OF COUNTY COMMISSIONERS
MONROE ~~.
MAYOR/CHAIRMAN
ATTEST: DANNY L. KOLHAGE, CL
BY:.choW C. {;1;~~
DEPUTY CLERK I
Resolution #
.
STATB OF FLORIDA ~.{ F (: F' l \! [:. (';,
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DIVISION OF ADMINISTRATIVE HBARINGS
DBPARTHBNT OF COMMUNITY 'AFFAIRS
APR 1 1 ,'.,,", ,
. ~ Iii C. ~..' J.~
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petitioner,
~:: .
vs.
DOAR CASB NO. 93-S083DRI
FLWAC CASB NO. APP-93-023
JBFFRBY R. and JOAN J. NOLAN,
and MONROE COUNTY,
Respondents.
/
AGRBEHBNT
This Agreement is entered into between JEFFREY R. and JOAN J.
NOLAN, property owners (herein "Nolan's"); the FLORIDA DEPARTMENT
OF COMMUNITY AFFAIRS, an agency of the State of Florida (herein
"DCA"); and MONROE COUNTY, a political subdivision of the State of
Florida.
WHEREAS, the Nolan's are the owners of real property known as:
Lot 9, Block 12, Cutthroat Harbor Estates Subdivision,
cudjoe Key, in unincorporated Monroe County, Florida
(herein "the subject property"); and
WHEREAS, on January 21, 1993, Monroe County issued to Ambrose
Splescia, building permit number 9310005583 for development of a
vertical seawall dock on the subject property; and
WHEREAS, on March 12, 1993, the subject property and permit
were transferred to the Nolan's; and
WHEREAS, on March 2, 1993, DCA timely appealed the building
permit to the Florida Land and Water Adjudicatory Commission,
alleging that the permit is not in compliance with applicable
provisions of the Monroe County land development regulations; and
,.
WHEREAS, most of Monroe County, including the subject
property, is located within the Florida Keys Area of Critical State
Concern, as designated under sections 380.05 and 380.0552, Florida
Statutes; and
WHEREAS, DCA is the state land planning agency with the duty
and responsibility of administering and enforcing the provisions of
Chapter 380, Florida Statutes, The Florida Environmental Land and
Water Management Act of 1972 (the "Act") and the rules and
regulations promulgated thereunder, which include the Monroe County
land development regulations; and
WHEREAS, pursuant to section 380.032 (3), Florida Statutes, DCA
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, the Nolan's have submitted to DCA a revised site plan
in an effort to address the issues raised by DCA in its appeal,
which document is attached hereto as "Exhibit A'I and is acceptable
to DCA with certain conditions described herein; and
WHEREAS, the parties wish to avoid the expense and delay of
lengthy litigation and resolve the pending appeal under terms set
forth herein, which said terms effectuate the provisions and
purposes of the Act, and it is in their best interests to do so;
and
,
'\
2
,.
WHEREAS, Monroe County joins in this settlement agreement for
the purposes of implementing and enforcing same.
NOW, THEREFORE, in consideration of the mutual covenants and
undertakings herein, and in consideration of the benefits to accrue
to each of the parties, the receipt and sufficiency of which are
hereby acknowledged, the parties hereby agree as follows:
1. Representations. All representations contained above are
incorporated herein and are essential elements hereof.
2. site Plan. The Nolan's have submitted to Monroe County
and to DCA a revised site plan, which will be incorporated into the
permit approved by the County. A copy of the revised site plan is
attached hereto as Exhibit A. The revised site plan is acceptable
to and is hereby approved by DCA as reflecting the following
conditions:
a. All recommendations in the revised site plan shall
be requirements, unless otherwise modified in this Agreement.
b. The revised site plan provides for no davits to be
installed on the property.
c. The principal purpose of the structure described in
the revised site plan is to serve as a concrete cap to control
shore erosion and stormwater runoff on the property at the area
abutting the canal, and not to serve as a mooring or docking
facility.
3. Post-Development Notice. Inspection.
a. Notice. within two (2) weeks following construction
of the seawall depicted in the revised site plan, the Nolans shall
3
,.
provide to DCA and Monroe county actual written or verbal notice
that development is completed.
b. Inspection and Restoration. DCA and Monroe county
staff shall be allowed reasonable access to the site for site
inspection and verification of adherence to the revised site plan.
Such inspections shall commence upon receipt of notice from the
Nolans that construction is completed.
4. Dismissal of Aooeal. within five (5) days after this
Agreement is executed by all parties, DCA shall file the Agreement
with the Division of Administrative Hearings with a request that
the Division recommend to the Florida Land and Water Adjudicatory
Commission that it accept this Agreement and thereby conclude the
subject appeal. DCA shall endeavor to expeditiously conclude this
matter to avoid unnecessary delay to the Owners.
5. Effective Date of Aareement. The effective date of this
Agreement is the date on which the Florida Land and Water
Adjudicatory Commission enters an order approving this Agreement
and concluding this appeal.
6. Duolicate Oriainals. This Settlement Agreement shall be
executed in four (4) originals, all of which evidence one
agreement, and only one of which need be produced for any purpose.
7. Recordation of Aareement. This Agreement is intended to
and shall create a binding covenant running with the land. Within
one (1) week after entry of an order by the Florida Land and Water
Adjudicatory Commission concluding this appeal, the Nolans shall
4
r
record this Agreement in the publ ic records of Monroe County,
Florida, and shall provide proof of recordation to DCA, including
the official records book and page where this Agreement is
recorded.
8. SCODe of Authority. This Agreement affects the rights
and obligations of the parties under Chapter 380, Florida Statutes.
It is not intended to influence or determine the authority or
decisions of any other state or local government or agency in
issuance of any other permits or approvals that might be required
by state law or local ordinance for any development authorized by
this Agreement.
9. Release; Costs and Attorneys Fees. Each party hereto
releases the other from any and all claims or demands arising out
of the subject permit appeal. Each party shall bear its own costs
and attorney fees incurred in connection with this proceeding.
10. Entirety of Aqreement/Amendment. This Agreement
constitutes the entire agreement of the parties. This Agreement
may be modified or amended only by a separate writing entered into
between the parties hereto and recorded in the public records of
Monroe County as provided in paragraph 7 above.
5
,.
IN WITNESS WHEREOF, the parties have executed this Agreement
on the date and year below written.
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, Owner
STATE OF FLORIDA
COUNTY OF MONROE
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, who is
The foregoing instrument was acknowledged before
Jeff"'~ '( ~ /I/~/qn
day of '??J~ , 19 '1'1 by JIlin J A/b/qn
personally known to me or who has produced his/her
as identification and who did not take an oath.
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My Commission Expires:
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MONROE COUNTY, a political
subdivision of the state of Florida
(YI (~~'j \ 1) 1(10 ~_
Date
BY:
Mayor
(SEAL)
Attest: Danny L. Kohlage, Clerk
BY:
Deputy Clerk
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this
day of
, 19_ by
, who
is personally known to me or who has produced his/her
as identification and who did not take an
oath.
Notary Public
My Commission Expires:
BY
7
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DEPARTMENT OF COMMUNITY AFFAIRS,
An Agency of the State of Florida
BY:
Linda Loomis Shelley, Secretary
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this
day of
, 19_ by
, who
is personally known to me or who has produced his/her
as identification and who did not take an
oath.
Notary Public
My Commission Expires:
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SCALE I 1"= 30'
APPLICANT I
JEFFREY AND JOAN NOLAN
PROJECT,
CONCRETE CAP
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NORTH
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SCRAPE BACK
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SLAB TO PITCH AWAY FROM
CANAL. RUNOFF RETAINED
ON PROPERTY. -- -
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APPLICANT,
JEFFREY AND J~AN NOLAN
PROJECT,
CONCRETE CAP
SECTION
SHEET.3 OF.!'
SCALE, 3/8" = l'
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.14, JQ;Y CXlUJlr BEAa! CAUSDOo"l, m px.mr 1v.cH. FL
005)70-4510
. BOUNDARY"SURVEY AND P- ':OLATION TEST OF:
DESCRIPrION AS FURNIS..-J BY CLIENT:
.
LOT 9, BLOCK 12~ CUTTHROAT HARBOR ESTATES, A SUBDIVISIO!\
RECORDED IN PLAT BOOK 4, PAGE 165, SECTION 28-66-28,
CUDJOE KEY, MONROE COUNrY, FLORIDA, PUBLIC RECORDS.
APPLICANT. JEFFREY AND JOAN NOLAN
PROJECT. CpNCRETE CAP
SHEET ~ OF S".
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REGISTERED FLORIDA LAND SURVEYOR
P.O. BOX 403
KEY COLONY BEACH,
FL. 3~051
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RLS 4906
(305)743-4510
#14 K.C.B. CAUS~Y
PERCOLATION TEST REPORT
"
CLIENT: JEFFREY R. AND JOAN J. NOLAN
DESCRIPTION: LOT 9, BLOCK 12, CUTTHROAT HARBOR ESTATES, A SUBDIVISION RECORDED
IN PLAT BOOK 4, PAGE 165; SECTION 28-66-28, CUDJOE KEY, MONROE COUNTY,
FLORIDA, FUBLIC RECORDS.
Elevation of 'ground s~rface at test hole 3.78 '(N.G.V.D.)j
Elevation of tide during test 0.40 ' (N.G.V.D.)}
Mean High Water relative to Mean Sea Level based on U.S. Corp. of
Engineers estimates for area 1.00 ' above (N.G.V.D.)
Ground surface was . 40.6" above water table at time of test.
Test hole depth. 18' II .
SOIL PROFILE
SCALE 1" = 21
EXISTING GRADE - -:-
ELEVA'l'ION 3 :78 ." (N.G.V.D.)
,.. (5 & 6)
( 9)
. TEST HOLE LOCATION SKETCH
uxmm:;
1) Fine ~
2.> COar~ sand
3) Gravel
4) Loam
5) Clay
6) Organic
7) Soft. porous bedtoc1c '
8) Fractured bedrock
9) Bedrock,
ABBREVIATIONS
,(N.G.V.D.)=Na1tional Government :
Vertical Datum"-1929 ~
W.T.=Water Table' "
M.H.W.=Kean High water
EL.=Elevation (N.G':V~D~.
( 7)
EL. 1.00'
"SEE ATIACHED SURVEY"
0.40'
BORING LOG
o "to 2" F
2 lI,to 4" BEDROCK
4 " to 72 " SOFT" POROUS BEDROCK
SCALE 1"=
Approximate seepage rate 2nd filling
" 101 minutes for 1211 loss.
so'aking procedure required YES
Observed percolation rate at
termination of test 10.4 rninutes/inc
Date of test 04/24/92
"to "
NOTES:
1) The test bole loCation sketch is not a survey and is intended to graghically
Iocate> this, test onl'y.". ,. ,
" 2) Use this Test and Soil Profile - Boring Log for size, type, and elevation of
nT'l- F'lite sewaae diSpOsal permits only,' not for foundation or other design.
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DEPT. OF COMMUNITY AIIFAJRS
GENERAL COUNSEL'S OFFICE
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APPROVED
MONROE UNTY 1>~ILDI:.:p & ZONING D'PT.
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I Bui:.:Mi Inspector
Date r 7- ;2 ~ 0'~
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Applicants Jeffrey and Joan Nolan
Rt. 2 Box 661
Summerland Key, FL 33042
Prejecta
Concrete Cap
Legal Descriptiena
Lot 9 Block 12 Cutthroat Harbor Estates
Cudjoe Key, FL
Plat Bsok 4, Page 165. Monroe County
REMARKS
~@~awIS1ID
IJEG ~ 1993
OEPT.'OF COMMUNITY AP'FAIRS'
GFiNERAL COUNSEL'S OFFJ.GF
The applic,~~. owns a canal front single-family residence on
Cudjoe Key. T~e canal shereline is vertical sawcut r~ck. The
applicant seeks authorizatian to install a concrete cap along
the canal bank. The purpose Qf the cap is to prevent seil and
stormwater from,entering the water, t. prevent the current
erosion and caving in of canal bank bedrock caused by runoff from
adjacent preperties having caps, and to pr&vide safe access to the
canal.
The cap will be formed by scraping back th~ loose soil, then
forming and pouring the cap directly on the reck substrate. All
w~rk will be conducted from the land.
;
Since no work will be performed over the water column, no
turbidity centrols will be necessary.
,.