Resolution 182-1987
Monroe County Commission
RESOLUTION NO. 182-1987
A RESOLUTION AUTHORIZING THE MAYOR OF MONROE
COUNTY, FLORIDA, TO EXECUTE A SETTLEMENT
AGREEMENT BY AND BETWEEN HALL'S CAMP, IN9.,
MONROE COUNTY, FLORIDA, AND THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS CONCERNING
STATE OF FLORIDA DIVISION OF ADMINISTRATIVE
HEARINGS, CASE NO. 87-1239.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
The Mayor of Monroe County, Florida is hereby authorized to
execute a Settlement Agreement by and between Hall's Camp, Inc.,
Monroe County, Florida, and the Florida Department of Community
Affairs, a copy of same being attached hereto, concerning
State of Florida Division of Administrative Hearings, Case No.
87-1239.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 21st day of April, A.D., 1987.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
(SEAL)
Attest:
~~1,tR/
C RK
~'ft.OVr:b AS TO FOr?!/? "'"\
f i $! . rr:p.r' r')
'/J LEPA.. SJFFI..L" v ,Y., . /,' ;'
. - /" L 'Ly1
8y~d-' Q, ~ .'
AtUlI'n"Y'S Office /.
(
"
, ,
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
IN RE: RESOLUTION NO. 34-86 OF THE
BOARD OF ADJUSTMENT OF MONROE COUNTY
FLORIDA, A DEVELOPMENT ORDER FOR A
PROJECT KNOWN AS HALL'S RESORT IN AN
AREA OF CRITICAL STATE CONCERN
DOAH
CASE NO: 87-1239
/
SETTLEMENT AGREEMENT
Pursuant to Section 380.032 (3), Florida Statutes, the
parties to this appeal, Monroe County, Florida, a political
subdivision of the State of Florida (Monroe), the Florida
Department of Community Affairs (DCA), and Hall's Camp, Inc., a
Florida corporation doing business as Hall's Resort (Developer)
hereby agree as follows:
1. Hall's Camp, Inc. is the owner and developer of Hall's
Resort located at Mile Marker 48, Section 9, Township 66 South,
Range 32, East, Vaca Key, Monroe County, Florida. The parcel is
further described as Lot 2, Vaca Key.
2. On January 31, 1986, Developer submitted an application
to Monroe for development activity on the subject property. A
copy of the application is attached hereto as Exhibit A.
3. On September 4, 1986, Charles Pattison, Director of the
Monroe County Planning, Building and Zoning Department, notified
Larry Peters, an agent of Hall's Camp, Inc., that the project
would be reviewed by the County as a "major development".
4. Developer appeal Mr. Pattison's decision to the Board
of Adjustment of Monroe County, Florida , by letter dated
September 29, 1986.
5. On the 8th day of December, 1986, by Resolution 34-38,
the Board of Adjustment reversed Mr. Pattison's decision that the
proposed development was a major development. A copy of the
Resolution is attached hereto as Exhibit B.
6. DCA appealed the Board of Adjustment's Resolution 34-86
by Petition to the Florida Land and Water Adjudicatory
Commission.
7. The appeal has been assigned to the Florida Division of
Administrative Hearings and the parties hereto desire to settle
amicably the issues raised in the DCA's appeal.
1
ACCORDINGLY IT IS AGREED THAT:
8. Developer agrees to pay to Monroe County, Florida, all
impact fees for the project as set forth in Chapter l2 of the
Land Development Regulations for Monroe County, effective
September 15, 1986, as if the project had been permitted under
those regulations.
9. Upon proof of payment of the impact fees required by
paragraph 8, above, DCA agrees to file a Notice of Voluntary
Dismissal of this proceeding with the Division of Administrative
Hearings.
10. This agreement is enforceable pursuant to Sections
380.032 (3) and 380.11, Florida Statutes (1986). The prevailing
party in such an enforcement proceeding shall be entitled to
recover those costs and attorneys fees allowed by law. In
addition, DCA shall be entitled to recover those investigative
costs and expenses incurred in such proceedings.
lU. This agreement is effective as of the date of last
signing.
:B;S ~l~_
(if&/F rJ
STATE OF FLORIDA
COUNTY OF MONROE SS:
;JSWORN TO AND SUBSCRIBED BEFORE ME THIS ~DAY OF
It.!ll,1 ,1987.
.j
~f CfIfHIml~U8tia.OOE bYWJRfois:
" IV CO""ISSION EXP. DEC. 8,1969
: i BOIOEO THIlU 6UERAl I"S. UNO.,
~NROE COIT~' FLOR~~ A _ 'J- ,'.
~A", .A. L \'''-t~C--- :./ . \
y: Je ry Hernandez, J .'
~ayor/ hairman of the B~a d of
~ounty Commissioners
(Title)
LARGE
STATE OF FLORIDA
COUNTY OF MONROE SS:
?:."~';~';' r~:~~:,,~. S~~fc 01 r-~r.~~~~
j\::'/ C'......-;~_s.:>. L~~;:~BS 5:<j-~::' ~93~
a"r.'..il,,~ I..I"; :l':;f f..;:n . 11i"I...;,):'.c',,;, 1.1C.
...-"
BEFORE ME THIS ~~~
Q.//~ . .J
NOTAR PUBLIC
STATE OF FLORIDA AT LARGE
~RN. TO AND SUBSCRIBED
~. , 1987.
My commission expires:
2
~4:',_ ".. -::...-
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
~Ow,~ ~. fY~~_ -J
By:
~A;:I~
(Title)
STATE OF FLORIDA --
COUNTY OF LEON SS:
'M
S~~ ~~o AND SUBSCRIBED BEFORE ME THIS q ,- DAY OF
~ ' 1987.
il~...:_h'/ ~"")" ~~:~~ :;:i:i!':; of .",.)
Illy "...,IIo'IUi,,;, L:xJlirc; June 24, 1986
I!OI"l"'..to li'l!", II'''' roitil].": J.,:'UJ..;IftC8" !lK:.
~
My commission expires:
...
.)
I
M
:>1)UILDING PEHMIT APPLICATION;
E ~UNTY BUILDING AND ZONING DE~RTMI
PLEASE PRINT On. TYPE. ONLY
PERMIT NO.:
OWNER'S NAME: Gary T. Edelson
OWNER'S ADDRESS: 1688 Overseas HiqhwrtY
(MAILING)
CONTRACTOR'S NAME: To Be Announced
DATE: January 31
19~
__________ PHONE:JlQ5174~-9474
CERT. NO.:
CONTRACTOR'S ADDRESS:
PROPERTY DESCRIPTION: KEY Vaca
PI lONE:
LOT 2
BLOCK
'R; JIJAS.3(J
Rl! I()~ S '-II)
SUBDIVISION lUlL.
STREETORHOAD 1688 Overseas Highw<lL
ZONING RU-7
M.S.L.
SECTION 9
TOWNSHIP __6~S__~__ RANGE 32 E
PROPOSED CONSTHUCTION: 39 Unit ~1oteL~hase
40 Unit Motel - Phase II
IS LAND CLEARING OR FILL REQUIRED FOR THIS CONSTRUCTION? YES NO X
SQUARE FEET_}3, l~~_j_L~, 3BO__~_~~s~ 1 ~_________ ___ ESTIMATED TOTAL COST $1.00_0_,000
ENCLOSED AlmA
SUB-CONTRACTOHS:
ELECTRICAL: ________
CERT. II
CEHT. II
CEHT. II
PLUMBING:
MECHANICAL:
UTILITIES:
SEWAGE DISPOSAL:
SEIYJ'IC TANK.HEALTH DE IYI'. PERMIT NO.
P ACKAG E PLANT. DE It PE HM IT NO.
CENTRAL SYSTEM
ItEMAIU\SjJEf( S Ill_ p.c rill i t ilppl Led_Lo_r:..~
1)(' nn i t c; a p p 1 i (> d J 0 t'_._
N/A
..... DEH~a terjse\~(
WATEH SUPPLY:
FKAA CONNEC'I'IUN.WATEH METElt NO.
PHIV ATE RO OH. DE-SA I.. I'LANTIDElt
I'EHMIT If
PIUV ATE WELL
CISTERN
ItEl\lAHKS: .f~^_~~l'vicp
coordination
N/A
___ __NiA
a p P.1 i ~d)_ _ f~T._Iseif-:UA
1 etter .
.-- --------------------.-----
GENERAL REMARKS: Building Plans for 30 u.!!2.!.~~l~i?_lJ__~~_iJlbe submitted within 30 days.
G,b m;tfe-d 02 -C;)t --8 6___________________________________
I HEREBY CERTIFY THAT I HAVE HEAD AND EXAMINED THIS APPLICATION AND KNOW THAT
SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LA WS AND OHDINANCES GOVERNING THIS
TYPE OF WOHK WILL BE COMPLIED WITH WHETHER SPECIFIED HEHEIN on NOT, THE GRANTING
OF A PERMIT DOES NOT PHESUME TO GIVE AUTHOlUTY TO VIOLATE Olt CANCEL THE PHOVISIONS
OF ANY LOCAL, STATE OR FEDERAL LAWS HEGULATING CONSTHUCTI0N OF THE PEHFORMANCE
OR CONSTRUCTION. ~c ~./ /
SIGNATUllE:::-.. I~~AC~~
l
COST OF PERMIT: BUILDING
PLUMBING _
ELECTHICAL-Q.., :$15/. ,,()
MISC.
TOTAL
@ftoVEll FOil ISSUANCE OF PEIlMIT,
BUILDING OFFICIAL, ASS'T. BUILDING
OFFICIAL
EXHIBIT A
~"~
.
, . -'~ ''r'~T'I.
..~ ""0 11"
:........-.-...-......'.n. ....UCe; n; I'U:)R1D;t...... ..-..,.. -...-...-....---...
e
BOARD OF /.D;tJSnU::;T
e
RESOLuno~
34-86
"E~EAS, THE BOARD OF ADJ:';ST:~:~T OF :-lO:';RCJ[ COL~TY. FLORIDA, HELD A PUBLIC
.IN\; 0:-: December 2. 1986 . DULY CALLED IN ACCOJWA~;CE WITH THE
t-.....VISIO:-:S OF SECnO): 19-78 OF THE r-!O~:RO[ COUNTY CODE. TO CONSIDER THE REQUEST
OF Hall's Resort FOR fu~ AD~INIST~\TIVE APPEAL AS
DESCRIBED BELOW: ll~ll 1~ R~~~rt h~s rPQu~stcd the Board of Adjustment to
reverse the decision of Charles Pattison in declaring said project
a major development.
AND, WHEREAS. AFTER HEARING TESTl~:O:~Y PERTAINING TO THIS APPEAL. HAVE
CONCLUDED THAT SAID REQUEST BE approved
FOR THE FOLLOWING REASONS: PTTor W~~ found in the letter from Mr. Pattison
dated September 4,1986. pertaining to unkno~l traffic impact. Pursuant
to the Board of County Commission Meeting of July 25. 1~86 with regard (cont.)
NOW, THEREFORE, BE IT RESOLVED THAT THE BOARD OF ADJUSTME~T OF MONROE COUNTY,
FLORIDA. BY THE POWER VESTED IN THEM BY THE MO~ROE COUNTY CODE, DO DECLARE THAT
THE ADMI~ISTRATIVE APPEAL REQUESTED BY Hall's Resort
AND DESCRIBED A20\~ BE Approved
-
DATE: . \1.-( f he,
. f
c~~
Monroe County Planning and
Zoning Department
-Charles Pattison. Director
Exhibit B
.,..
.
e
the delay of the \..'est Marathon US Highway (I} project. the Board does
Dot find this a valid rC3son to declare Hall's H~sort a major development.