Resolution 174-1994
Planning Department
RESOLUTION NO. 174-1994
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, COCONUT GROVE PAR~~
TRUST, WILLIAM MANWARING WILSON AND MONRO~
COUNTY CONCERNING LOT 42, MILE MARKER 1006c;~
U. S. 1, KEY LARGO, UNINCORPORATED MONROE::..:'~
COUNTY, FLORIDA
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WHEREAS, Coconut Grove Park Trustee and William
Wilson are the owners of real property described as:
Lot 42, mile marker 100, U.S.1, Key Largo, unincorporated
Monroe County, Florida; and
WHEREAS, William Wilson is also the general contractor (here-
in IIdeveloperll) for the development on the above-described proper-
ty; and
WHEREAS, the developer applied for a building permit to con-
struct an addition to a commercial building on the above-refer-
enced lot; and
WHEREAS, on February 18, 1994, the Monroe County Building
Department issued building permit No. 9330011968 to the developer
for the construction of an addition to a commercial building; and
WHEREAS, on April 8, 1994, the Florida Department of
Community Affairs (herein IIDCAII) appealed building permit No.
9330011968, alleging that the site plan did not comply with appli-
cable provisions of the Monroe County land development regula-
tions; and
WHEREAS, the DCA, Coconut Grove Park Trust and Mr. Wilson
wish to resolve the pending appeal and to make Monroe County a
party to the Settlement Agreement; and
WHEREAS, Mr. Wilson, Coconut Grove Park Trust, the DCA and
Monroe County agree to the following:
1. All access to U.S.l from the property shall be prohibited.
The plans for the project will be amended to delete any curb cuts
on U.S.l to the property and the developer shall gain ingress and
egress to the property other than from U.S.l, consistent with all
applicable codes and ordinances. However, in the future, the
developer may apply for curb cuts on U.S. 1 if the Monroe County
Land Development Regulations are amended to allow such curb cuts;
and
2. The developer shall submit an application to Monroe County
for a revised site plan and building permit consistent with the
Settlement Agreement. Monroe County shall amend the development
order to make approval of the development on the property contin-
gent upon compliance with the provisions set forth in the Settle-
ment Agreement. Monroe County agrees to consider to amend the
development order; and
3. Monroe County shall not issue any additional development
orders to the property until this appeal is dismissed; and
4. The developer shall submit revised site plans to the DCA
field office for review and approval prior to seeking modifica-
tion of the development order reflecting the terms of the
settlement agreement; and
WHEREAS, the staff report by Lorenzo Aghemo, Director of
Planning, found that the agreement between the Florida Department
of Community Affairs, Coconut Grove Park Trust, William Wilson
and Monroe County 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, Coconut Grove Park Trust and William Wilson;
so therefore,
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 inter-
ests 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, Coconut Grove Trust and William Wilson , 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
16TH day of JUNE
, A.D., 1994.
Mayor London YES
Mayor Pro Tern Cheal YES
Commissioner Freeman YES
Commissioner Harvey YES
Commissioner Reich YES
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
~
( SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BY, ~~Ja+JJ)e..
DEPU CLE K
.
)Y
STATE OF FLORIDA
LAND AND WATER ADJUDICATORY COMMISSION
DEPARTMENT OF COMMUNITY AFFAIRS,
Petitioner,
vs.
Case No. APP-94-031
COCONUT GROVE PARK TRUSTEE,
WILLIAM MANWARING WILSON, and
MONROE COUNTY,
Respondent.
/
SETTLEMENT AGREEMENT
This Agreement is entered into between COCONUT GROVE PARK
TRUSTEE, WILLIAM MANWARING WILSON, the property owner and general
contractor (herein "DEVELOPER"), the DEPARTMENT OF COMMUNITY
AFFAIRS (herein "the Department"), an agency of the State of
Florida, and MONROE COUNTY, a political subdivision of the State
of Florida.
WHEREAS, Coconut Grove Park Trustee and William Manwaring
Wilson, are the owners of real property located at lot 42, mile
marker 100, U.S. 1, in unincorporated Monroe County, Florida,
more particularly described on legal description attached and
incorporated herein as exhibit A (hereinafter referred to as the
Property); and
WHEREAS, on February 18, 1994, Monroe County issued to the
Developer, as owner and general contractor, a building permit,
~53C:>C>1' Cj CS>~
numbered ~3001960, for construction of a commercial addition on
the Property; and
WHEREAS, on April 8, 1994, the Department timely appealed
the building permit to the Florida Land and Water Adjudicatory
Commission, alleging that the permit was not in compliance with
applicable provisions of the Monroe County Land Development
Regulations and Comprehensive Plan; and
WHEREAS, most of Monroe County, including the subject
property, is located within the Florida Keys Area of critical
State Concern, as designed under Sections 380.05 and 380.0552,
Florida Statutes; and
WHEREAS, the Department 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
comprehensive plan; 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, 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
WHEREAS, Monroe County joins in this settle~ent agreement
for the purpose of implementing and enforcing same; and
2
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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. ReDresentations. All representations contained above
are incorporated herein are essential elements hereof.
2. Modifications to DeveloDment Order. All access to u.s.
1 from the Property shall be prohibited. The plans for the
project will be amended to delete any curb cuts on U.S. 1 to the
Property, and the Developer shall gain ingress and egress to the
Property other than from U.S. 1 consistent with all applicable
codes and ordinances. However, in the future, the Developer may
apply for curb cuts if the Monroe County Land Development
Regulations are amended to allow for such curb cuts.
3. Amendment to DeveloDment Order. The Developer shall
submit an application to Monroe County for a revised site plan
and building permit consistent with this agreement. The
Department and the Developer hereby request that Monroe County
amend the development order under appeal to make approval of and
development on the Property contingent upon compliance with the
provisions set forth herein. The County agrees to consider such
amendment. The County shall not issue any additional development
orders for the Property until this appeal is dismissed.
4. Revised site Plans. Developer shall submit revised
site plans to the Department's field office for review and
3
approval prior to seeking modification of the development order
reflecting the terms of settlement contained herein.
5. Further Proceedinqs. If Monroe County grants the
application for revised site plans described above, with only
those revisions, within 15 working days of receipt of said
amendments to the development order rendered in accordance with
Fla. Admin. Rule 9J-1, the Department will file a Motion for
Entry of a Final Order of Dismissal consistent with this
Agreement, dismissing this appeal with prejudice.
6. Entiretv of Aqreement. The parties further agree that
this Settlement Agreement contains the entire and exclusive
understanding and agreement among the parties and may not be
modified in any manner except by an instrument in writing and
signed by the parties.
7. Future development. Any additional development on this
Property shall be subject to agency review for compliance with
all applicable statutes and regulations.
8. Retention of Riqht to Final Hearinq; Enforcement of
Aqreement. Time is of the essence in this agreement. Each party
to this agreement retains the right to have a final hearing in
this proceeding in the event of a breach of this agreement, or if
this agreement is based upon materially false or inaccurate
information, or if the local government will not issue the
development order contemplated by this agreement. Nothing in
this agreement is deemed a waiver of such right. The Department
or any other party may move to have this matter set for final
4
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hearing if it becomes apparent that any other party whose action
is required by this agreement is not proceeding in good faith.
After these proceedings are concluded, this agreement may be
enforced by any party as provided in Chapter 380, Fla. stat.
(1993), or as otherwise provided by law.
9. Effective Date of Aqreement. 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.
10. DUDlicate Oriqinals. This Settlement Agreement may be
executed in any number of originals, all of which evidence one
agreement, and only one of which need be produced for any
purpose.
11. Recordation of Aqreement. This Agreement is intended
to and shall create a covenant running with the land and shall
bind all parties, their success~rs and assigns. within one (1)
week after entry of an order by the Florida Land and Water
Adjudicatory Commission concluding this appeal, the Developer
shall record th~s Agreement in the public records of Monroe
County, Florida, and shall provide proof of recordation to the
Department, including the official records book and page where
this Agreement is recorded.
12. ScoDe of Authority. This Agreement affects the rights
and obligations of the parties under Chapter 380, Florida
Statutes, with regards to the development order under appeal. It
is not intended to influence or determine the authority or
5
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 o~dinance for any development authorized by
this Agreement, or restrict the Department's authority with
regard to future development orders for the Property. It is not
intended to limit the authority of the Department with regard to
any development other than the current project which is the
subject of this case.
13. Release: Costs and Attornevs 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.
14. Entiretv of Agreement. 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 above.
IN WITNESS WHEREOF, the parties have executed this Agreement
on
written.
Witnesses: gc.[ (l, V)(a/c,h~
v ~
witnesses:~/tJ ~
6
STATE OF FLORIDA
COUNTY OF MONROE
. . _\)> The foregoing instrument was ack~owledged befo~\\~~:l;1is
~ day of \\\\" d ' 1994, bY~\.\\'',..~\\\\\'\(j 'Wfl6 l.S
/personally known t me, or-who l~as po _____- --------.--.---as-
identificat~ and who ~ (did not) take an oath.
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Notary PUDlic c,- C'0: ~s:-\.~~'-\~
Pr int Name: (' C'}... 'If"') \, \:: '\)" ~:~
My Commission Expires:
~JtJ2 : .,p
By: . W~
WILLIAM MANWARING WILSON
Owner/General Contractor
C6C02\lc'<:oS
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NOTARY Fliruc; STATE OF FL~,::DA Af LAR()'
t.',y (O~"lftl~~::or-: D;"llES MA~CH 30, 1995
EONliW lHHU AG.:,:T', .:::H',:':Y BRO:~~.lA~
Witnesses~ (f!Jfl-fV?h
Witnesses: t;?~, ~
STATE OF FLORIDA
COUNTY OF MONROE
. ,-\\\,The foregoing instrument was acknowledged befor~ me tl;1is
~ day of ",\ \ \". 'I ' 1994, bY~~:v;~'\~P\"'{\r'~r\t}v...)\ ~o l.S
personally known tolme, 01:' \lhe=ha.. pred~ced-- .. as
i.Q.eMiri""'Q1::4.en-and who ~- (did not) take an oath.
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Notary Publl.c
Print Name: C..
My Commission Expires:
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7
MONROE COUNTY, a political
subdivision of the state of Florida
By:
Jack London, Mayor
witnesses:
witnesses:
(SEAL)
Attest:
DANNY L. KO~GE, Clerk
By:
DEPARTMENT OF COMMUNITY AFFAIRS
An Agency of the State of Florida
Date:
By:
Charles Pattison, Director
Division of Resource Planning
and Management
STATE OF FLORIDA
COUNTY OF LEON
The foregoing
day of
-r--
1S personally known
instrument was acknowledged before me this
, 1994, by , who
to me, or who has produced
as identification and who did (did not) take
an oath.
Notary Public
Print
Name:
My Commission Expires:
BY
A:\coconut.set
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, A PARCBL OF LAND IN SECTION 28. TOWNSHIP 61 SOUTH, &ANOI! 39 BAST
ON KEY LARGO MONROE. COUNTY, FLORIDA, SAID PARCEL OF LAND
COMPRJ~INC'i A 50.00 FEET X 3S1.16 FEST STRIP OF EXISTING RIGHT-OP-WAY
OP STATE ROAD NUMaER 5, (U.S. InOHWAY 1)., SAID PARCIU., BIIING A
PORTION OF MODBL LAND COMPANY WT 42, SECTION 28. TOWNSHIP 61,
SOT lTIi RJ\NOli 39 lUST ON KEY LAROO L YlNG NORTHW!ST.elU. Y' U~
~ORMER FLORIDA EAST COAST RAILWAY ACCORDING TO TIm PLAT
Tl-JERHOF RECORDBD IN PLAT BOOK 1 AT PAGE 68 OF nUl PUBUC
RECORDS OP MONROE COUNTY, FLORIDA, SAID PARCBL OF LAND BBING
MORli PAAnCULAlu.. Y DDSCRlBED AS 2'OLLO'wS:
COMMENCING AT THE NORTHWEST CORNnR OF THE SAID LOT 42 RUN
N 810 23 · 21' "B ALONG THE NORm LINE OF TIm SAD> LOT 42 FOR 270.24
FEET 1'0 l'HB NQRTIlWESTBRL Y RlGHT.OP..WAY LINE OF' STArn ROAD
NUMBER S. (U.S. mGHWA Y J), 'IHE SAME BRING 'rHB POINT OF BEGINNING
OP nm HElWINDBSCRlBBD PARCEL OF LAND FROM THE SAID POINT OP
BEGINNINO RUN S. 4So 19'.4S" W ALONG 1'.Ii2 SAlDRIGHT..OF..WAYLINB
POR 351.16 FEET; ntENCE RUN S 44~ 40' 4S" B ALONG A SOUTHEASTERLY
PkOLONGATION OP THE NORTImASTBRLY SIDB OF SUNSBT BOULEVARD
FOR 50.00 FEET: rnBNCn RUN N 4So 19' U" B PARALLEL TO TIm SAID
RIGHT..OP..W A Y LlNB FOR 3$1,16 FBBl'; THENCE RUN N 441l 40' 45'1 W FOil
~O.OO PEET TO nIB POINT OF BEGINNING. CONTAINING 17,SS8 SQUARE
PlmT MORE OR LBSS~.40 ACRE MORE OR LESs.
BBAlUNOS HEREIN ABOVE MENTIONBD ARE DERlVBD FROM ASSUMING A
NORTH-SOUTH DIRECTION FOR THH BAS'!" LINE OF LOT 38. SECTION 28,
'rOWNSHlP 61 SOUTH, RANGB 39 EAST OP TIm SAID MODEL LAND
COMPANY PLAT ltECORDED IN PLAT BOOK 1 AT PAGE 68 OF nm SAID
PUBLIC RBCORDS.
DBSCRlPTlON
A PAIlcm, OF LAND IN SECTION 28. TOWNSHIP 61 SOtrrH. RANGE 39 BAST
ON KEY LARGO. MONROE COUNTY. PLOlUDA, SAD> PARCEL DINO A
PORTION OF Tlm PART OF LOT 42 LYING NORTHBRL Y OF THE FOkMER
FLOlUDA BAST COAST RAlLWAY AS SHOWN ON THE MODEL LAND
COMPANY l'LAT ( SURVEYED BY P,p, lENKJNS) AND RECORDED IN PLAT
BOO~ 1 AT PAGE 68 OF TliE PUBLIC RECORDS OF MONROB COUNTY.
FLOJUD~ SAID PARca ALSO BEING SHOWN ON PLAT 01' BUlTOWWOOD
SHORES, PLAT BOOK 3 AT P AGJ:! 3 OF SAID PUBLIC RECORDS AS ""THlS
TAAcr JS NOT A PART OF THIS PLArl, SAlD PARCBL BBINO MORn
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NO~TI-IWEST CORNER OF TIm SAD> LOT 42 RUN N 880 23- 28" B ALONF THE
N LINE OF TIm SAID LOT 42 FOR 270.24 FEl!T TO 'I'HE NORTl-IWBS~ Y
RlGHT.OF-WAYLINE OF S'l'Al'.t! ROAD NO. 5, (U.S. mOHWAYNO. 1); THENCE
RUN S 451/19' IS" W ALONGTHB SAID RIOHT..OF..WAY LlNBFOR 3SI.l6FF.BT;
THENCE R.UN N 44"40' 4~tI W ALONG THE NOR1HEASTBRL Y SIDE OF
SUNSET BOULEVARD FOR 29.Z7 J7BBTj nmNCB R~ N 00 02' 081t B ALONQ
TIm WEST J...lNE OF THE SAID LOT 42 AND ALONG THE EAST SIDE OF EAST
SHORE DRIVE FOR 218.5J FEET TO 'fHB POINT OF BEGINNING.
BEARING FmREINAOOVE MENTIONED ARB DElUVED FROM ASSUMING A
NORrn..SOtrrH DIRECTION FOR THE EAST LINE OF LOT 38, SBC. 28-61-39 OF
'I'HE SAID PLAT DOOK I, PAGB 68,