Resolution 114-1993Planning Department
RESOLUTION NO. 114-1993
A RESOLUTION OF THE MONROE COUNTY BOARD OF
`a
'-
COMMISSIONERS AUTHORIZING THE
MAYOR TO
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EXECUTE, ON BEHALF OF MONROE
COUNTY, AN;
AGREEMENT BETWEEN THE FLORIDA
DEPARTMENT
OF COMMUNITY AFFAIRS, ROBB TYLER AND
CIO
MONROE COUNTY CONCERNING LOT 3
EXCEPTION,
=�
BLOCK 2, PLANTATION ISLAND SUBDIVISION,
_
AMENDED AND EXTENDED PLAT OF
DUCK KEY,
=�
UNINCORPORATED MONROE COUNTY,
FLORIDA,
APPROXIMATE MILE MARKER 61
WHEREAS, Robb Tyler is the owner of real property de-
scribed as:
Lot 3 Exception, Block 2, Plantation Island Subdivision,
Amended and Extended Plat of Duck Key, Monroe County, Flori-
da; and
WHEREAS, Robb Tyler applied for a building permit to con-
struct a single family residence, two accessory structures, a
tennis court, a boat slip, seawall and dock on the above -refer-
enced lot; and
WHEREAS, on June 22, 1992, the Monroe County Building Depart-
ment issued building permit No. 92200002620 and No. 9220002621 to
Mr. Tyler; and
WHEREAS, on June 24, 1992, the building permits were rendered
to the Florida Department of Community Affairs (herein "DCA")
and were timely appealed to the Florida Land and Water
Adjudicatory Commission; and
WHEREAS, the DCA and Mr. Tyler wish to resolve the pending
appeal under terms set forth herein; and
WHEREAS, Mr. Tyler, the DCA and Monroe County agree to the
following:
1. Mr. Tyler hereby agrees to modify the site plan to eliminate
the two accessory buildings and, if necessary, the tennis court
in order to meet the open space requirement under the subject
permits and the applicable environmental design criteria in the
Monroe County land development regulations; and
2. Mr. Tyler agrees to modify the site plan to include a certifi-
cation by a registered engineer that the grading of the site is
sufficient to meet the surface water management criteria in Sec-
tion 9.5-293, Monroe County Code; and
3. Within thirty (30) days after the effective date of this
agreement, the owners shall submit a modified site plan to the
DCA and to Monroe County for review and the DCA's written concur-
rence; and
4. Mr. Tyler agrees to implement the transplantation plan at-
tached to the Agreement as Exhibit A; and
5. The parties agree that the subject property may not be devel-
oped under permit No. 9220002620, as issued. After the DCA has
accepted the modified site plan, Monroe County shall revise per-
mit No. 9220002620 consistent with the modified site plan and
this Agreement; and
WHEREAS, the staff report by Lorenzo Aghemo, Director of
Planning, found that the agreement between the Florida Department
of Community Affairs and Robb Tyler, complies with the Monroe
County Land Development 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 and Robb Tyler;
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 and Robb Tyler, a copy of said agreement is at-
tached 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 23rd day of March A.D. 1993.
Mayor London
yes
Mayor Pro Tem Cheal
yes
Commissioner Freeman
yes
Commissioner Harvey
yes
Commissioner Reich
yes
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BY:,I"jt C, A�
DEPUTY CLE K
Resolution ##
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
MAYOR/CHAIRMAN
By
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF COMMUNITY AFFAIRS,
Petitioner,
V.
CASE NO. 92-5720DRI
ROBB TYLER and ELIZABETH TYLER,
Owners; and MONROE COUNTY, a
political subdivision of the
State of Florida,
Respondents.
AGREEMENT
This Agreement is entered into between ROBB TYLER and
accr,asrd
9T+4;3A$RQ-2 -14- T4-1 (herein "the Tylers" or "Owners"); the FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS (herein "DCA" or "the Department");
and MONROE COUNTY, FLORIDA.
WHEREAS, the Tylers are the fee simple owners of real property
in an Improved Subdivision Masonry land use district described as:
Lots 3 Exception, Block 2, Plantation Island
Subdivision, Amended and Extended Plat cj'
\� Duck Key, in Section 21, Township 65,
in unincorporated Monroe County, Florida.
(herein "the subject property"); and
WHEREAS, on June 22, 1992, Monroe County issued to the Owners
six building permits, each numbered 9220002620, for development of
a single-family residence and two accessory buildings; and
WHEREAS, also on June 22, 1992, Monroe County issued to the
Owners two biological permits, each numbered 9220002621. for
excavation of a boat slip and construction of a seawall and dock on
the subject property; and
WHEREAS, the building permits are "developntent orders" as
defined in Section 380.031, Florida Statutes; and
WHEREAS, the development orders were rendered to DCA on June
24, 1992, and were timely appealed to the Florida Land and Water
Adjudicatory Commission pursuant to Section 380.07, Florida
Statutes; and
WHEREAS, most of Monroe County, includin-, 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 parties wish to avoid the expense and delay of
lengthy litigation and resolve the pending appeal of building
permits no. 9220002620 and 9220002621 under the terms and
conditions set forth herein, which said terms and conditions
effectuate the provisions and purposes of The Act and the
regulations promulgated thereunder, and it is in their best
interests to do so; and
WHEREAS, Monroe County joins in this settlement agreement for
the purpose 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 the parties to this agreement, the receipt and sufficiency of
which are hereby acknowledged, the parties hereby agree as follows:
1. Recitals. All recitals contained above are incorporated
- herein and are essential elements hereof.
2. Modifications to Site Plan; Transplantation Plan. The
approved site plan for the development of thEt single-family
residence under building permits no. 9220002620 authorizes
development of the residence, two accessory buildings (studios) and
a tennis court.
(a) The Owners hereby agree to modify the site plan to
eliminate the two accessory buildings, and to also eliminate the
tennis court if necessary to meet the open space requirement under
the subject permits and the applicable environmental design
criteria in the Monroe County land development regulations.
1 (b) The Owners agree to modify the site pl in to include a
certification by a registered engineer that the grading of the site
is sufficient to meet the surface water managenent criteria in
Section 9.5-293, Monroe County Code.
(c) Within thirty (30) days after the effective date of this
Agreement, the Owners shall submit a modified site plan to the
Department and to Monroe County for review and the Department's
written concurrence before the County revises the building permits
3
as provided under Section 3 below.
(d) The Owners agree to implement the transplantation plan
attached to this Agreement as Exhibit A.
2. Boat Slip. The parties agree that the Owners may develop
the boat slip as authorized under building permits no. 9220002621.
3. Revised Building Permits. The parties agree that the
subject property may not be developed under Building Permits No.
9220002620 as issued by Monroe County on June 22, 1992. After
modification of the site plan as provided in Section 1 above, and
after the Department's written acceptance of the modified site
plan, Monroe County shall revise building permits no. 9220002620
consistent with the modified site plan and this Agreement.
Development of the subject property may then proceed in accordance
with revised building permits consistent with this Agreement.
4. Further Proceedings. Within five (5) days after this
Agreement is executed by all parties, DCA shall file the Agreement
with the Division of Administrative Hearings and seek a final order
from the Florida Land and Water Adjudicatory Commission concluding
this appeal proceeding. By their signatures hereon, the Owners and
Monroe County join in any request for entry of a final order
consistent with this Agreement.
5. Scope 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
4
0
by state law or local ordinance for any development authorized by
this Agreement.
6. Duplicate Originals. This Settlement Agreement may be
executed in any number of originals, all of whic;l evidence one
agreement, and only one of which need be produced for any purpose.
7. Binding Effect Recordation of Agreement. This Agreement
is�intended to and shall create a covenant running with the land,
and shall be binding on the parties, their successors and assigns.
Within ten (10) days after entry of a final order by the Florida
Land and Water Adjudicatory Commission concluding this appeal, the
Owners shall record this Agreement in the Public Rf-.,-ords of Monroe
County, Florida, and shall provide proof of recordation to Monroe
County and DCA, including the official records boo:<: and page where
this Agreement is recorded.
8. Release; Costs and Attorney's Fees. The parties hereto
release each other party from any and all claims of whatever nature
which arise or may arise out of the issuance or appeal of the
permits identified in this Agreement. Each party shall bear its
own costs and attorney's fees incurred in this proceeding.
9. Entirety of Agreement/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 puolic records of
Monroe County as provided in paragraph 7 above.
10. Enforcement. This Agreement may be enforced by any party
as provided in Chapter 380, Florida Statutes, or as otherwise
E
0
allowed by law.
IN WITNESS WHEREOF, the parties have executed this Agreement
on the dates and year below written.
14a, ;?
Date ROBB TYLER
A
„j,R1 ��tt 0T nnT 11DTTT
'iJ TiC�ICS[72�
COUNTY OF%u,eled e C jwl ,
Tie foregoing instrument was acknowledged before me this
day of , 1993, by ROB13 TYLER, who is
personally known to me or who bas produced
as identification, and who did (did not) tak an oath.
Notary u lic
Name (typed, printed or stampe
Commission Number
My commission expires: f)2 �•�f-C
n
STATE OF FLG4IZ
COUNTY OF
0
The foregoing trument was acknowledged before me this
day of 1 1993, by ELIZABETH W.
TYLER, who is personal known to me or who produced
a identification, and who did (did
not) take an oath.
Notary Public
Name (typed, printed or st ed)
Commission Number
03 • -a 3 -93
Date
STATE OF FLORIDA
COUNTY OF MONROE
My commission expires:
MONROE COUNTY, a political
subdiv' of the State of Florida
By
J
(SUL)
Attest:
London, Mayc: r
Danny L. Kolhage, Clerk
By aJ-4A G ./
Deputy Clerk
The foregoing instrument was acknowledged before me this
day of a,Q�,,� , 1993, by JACK LONDON , as
7
Mayor of Monroe County, who is personally known to me and who did
(did not) take an oath.
Name (typed, printed or stamped)
CMG 11302 2.
Commission Number
My commission expires: RUTH ANN JANTZEN
NOtGry STATE OF FLORIDA
PubkMy Cwn ExpVI 0/95
DEPARTMENT OF COMMUNITY AFFAIRSBONDED
An Agency of the State of Florida
414,113 By _k
Date Name
Title e i
STATE OF FLORIDA
COUNTY OF LEON
This instrument was acknowledged before me this day
o y
4.1
s
of the Depa tment of Commun ty Affairs,wh personally known to
me and who 4 (did not) take an oath.
No a y PublicT��\�`y�• BASS
Name�/ (typed? p�gCed" b?' :# typed )
ink
Commission
My commission'''° �� �ZP� e /46
�3
0
T.PA W$P_ LA.NT&T.'r t U LA N
FOR
EXCEPTION NO. 3
PLANTATION ISLAND/DUCK KEY
PREPARED BY
ANNETTE F. NIELSEN, B-S.
MARCH 12. 1989
The following Transplantation Plan fulfills the requirements of SEC- Q-810-
Kevg Comprehensive Plan. Vol. III, Division S. Environmental Standards.
A.'A survey indicating the location. size and species to be
transolanted.
Survev attached with locations marked. Species and size are as
follows:
.*[ACC 1 �9
kpl-4 Thatch Palm
3a•. Cedar
SurLana maritim3
Coconut Pilm
Cc pus i te�,3
�_',� N-VIROct
< 3' to tip of frond 12
> 3' to tip of frond
1
3
Floric=
Golden Creeoer
Ernoci>L3 !.1_L=.4F�.L13 (Will be preserved within the setbacks and on either side of
pr^rosec boat slIv.)
3. "he transplantation method to be employed. including:
1. a schedule. by week of each step of the transplantation oroce!ss:
2. the means of excavating the plant materials:
3, preparation of the site to which the plant materials Will be
transplanted: and
A. a Ichedule of maintenance for the plant material after i.t has
been transolanted.
Tr-3nsp l antat i on Schedu I e for Tbr.ijja;i and qOcoa Palms*
-nalms to be relocated will be root pruned at 3' from base
wee,, 5-8
-snirrnundinc soil and root ball to be aently loosened with hand too14
Week 5-8 (cant-)
-to be potted In equal parts potting soli. organic humus and clean
sand
;• -relocated to protected site with 50 % shade or adequate shading
provided to prevent sunburn or bleaching
TPANSP�ANTAT1CN PLAN
?! 3n"P* nn 191 Anci`^uck Kev
Mar^^ � i7N0
-Tlst watered :airy ;or as needed. depending upon rainfall)
or if relocated on site immediately:
-prepareci holes in receiver site to be 3 times larger than diameter
Of root ball
-root tba!l and trunk to be wrapped with moist burlap while movina inc
'ranspert!na to prevent injury and shock
-dead fronds removed
-bur!ao removed. root ball placed in prepared hole and refilled with
pcua! parts potting soil or moist humus. native crushed rock and sang
-soil over roots to be the same level as from the oriainal site
-coil 'watered in' to eliminate air pockets
-organic. !mulch placed over the root area. 6 inches away from stem
-water twice wpekiv (or as needed) to maintain moist (not saturated)
soil around root zone
-it the raceivpr site lacks the normal amoupt of humus and top soil
associated with the original site. apply granular water soluable 12-6
nr 10-5-5 ferti!i=er 3 feet from base of tree at a rate of 4 oz./tree
(do not overfertilize and provide sufficient water)
-planted sites to tie protected from vehicles and construction activitie-
Week P-5.2
potted specimens and those from holding area to be planted on receiver
site in prepared holes (as detailed above. except for pruning)
-watering of previously installed trees continued as needed. depending
uron available rainfall and site conditions
-orrianic :mulchina maintained to reduce water loss
Week 52-104
-water!nq regime iradually reduced to once A week during summer months
and twice a week during winter months. if needed
-second application of _granular fertilizer applied (as detailed above)
and watered in :f necessary
-craan!c muichina twice a year
-gl! specimens—maining may de seemed 'established' and no Additional
-!a!nt-p^Ance wquir, normally be reauired unless conditions on 'he
receiver site Are extremely poor
-!f Ioditional 'aater!na or fertiii::ino Are needed. they should oe
3001 ed very sparingly
-ccrc:nue mulching
C. A written narrative hescription of the likelihood of the success of
transplantation including a description of other successful
transplantations if the species proposed to be tranliplanted.
TPANSPLANTATION rLAV
Exception No. 3
Plantation Island/Duck Kev
March 12. 1900
Page ?
All species of Palma have been successfully transplanted both in public anc
private projects throughout south Florida (one of several reasons that many of the
native species have been severely- Wpleted in the wild). A post -transplant survival
rate for these species would probably approach 70-95 %, if properly cared for
during and after transplanting. Intermediate potting and acilmation may increase
probability of a good survival rate for the palms by allowing time for new 'feeder
roots* to become established.
Even when successfully pruned. most trees invariably suffer additional shock
and in.jury ourina the removal process. Stems will be wrapped and root balls coverer
with damp burlap while removing and relocating. Care will be taken to preserve as
much of the root bal! anc attendant soil as is possible. Prunino dead and old fronas
will decrease *he amnunt of water lost through transpiration.
The habitat and arowth habit of 5rnDCi11. I_t.toC3].LZ make it an unIikeIv candidate
for transplantina on the site. A larae portion of this around cover will be
preserved in the areas on either side of the boat slip to enhance it"s survival
Efforts will be made through reseeding and relocating several specimens to area
around the proposed tennis court to determine if it may be successfully transplanter `
or reseeded on open sunnv ground.
To the author's knowl edae . the survivability of mature 5yFj_an4 !ngCl has been
very limiter:. This endanaerea species may have to be replaced with nursery grown
st^--le. It should be replaced on a three to one ratio and incorporated into the
fin:shed lanascaping near the dock or pool area in full sun.
The attached Vegetation and Clearing Map depicts MAXIMUM AREA OF IMPACT. In
most cases. the entire area shown will not be cleared. Every effort will be made tc
preserve and protect the palms and other native vegetation outside the building
site. Flagoina ana,or 2 X 4 barriers will be erected around these retention areas to
discourage construction equipment that may injure stems or root systems. if needed.
Any recommendations from the Monroe County Biologist will be incorporated into
this plan.
�xc�r!ion No. 3
-PI antatton Island/Duc..
March ' 12. 1900 C /
tine 4
se d. 6eo.,r � 15
bound-a'�'y
ProPo 1
�'
l
l
frame G
3L3 -Z
T313
-�s
.� I Is RC
15
R.S. \ \ R ,s.
NOTE: R.S. - Receiver Site for Palms
�c.St �J�o.Jievf �r-�VC