Resolution 100-1992Plannina Department
RESOLUTION NO. 100-1992
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COMMISSIONERS AUTHORIZING THE MAYOR TO
EXECUTE, ON BEHALF OF MONROE COUNTY,
FLORIDA, AN AGREEMENT AMONG THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS, MONROE
COUNTY, FORESTEK, INC., AND HERBERT E.
BRIELER CONCERNING LOTS 11-16 and 25-30,
BLOCK 9, PLANTATION KEY COLONY SUBDIVISION,
PLANTATION KEY, SECTION 5, TOWNSHIP 635,
RANGE 38E, IN UNINCORPORATED MONROE COUNTY,
FLORIDA
WHEREAS, Forestek, Inc., is the fee simple owner of real
property known as:
Lots 11-16 and 25-30, Block 9, Plantation Key
Colony subdivision, Plantation Key, located
in Section 5, Township 63S, Range 38E, in
unincorporated Monroe County, Florida.
(herein "the subject property"); and
WHEREAS, Herbert E. Brieler is the general contractor for
Forestek, Inc.; and
WHEREAS, on May 16, 1991, Monroe County issued to Forestek,
Inc., Building Permit No. 9030002017 for development of a commer-
cial retail store on the subject property and rendered the devel-
opment order to the Florida Department of Community Affairs (here-
in "DCA") on May 21, 1991; and
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WHEREAS, on July 5, 1991, DCA filed a petition for appeal of
the Monroe Building Permit No. 9030002017 to the Florida Land and
Water Adjudicatory Commission alleging that the Development Order
is not in compliance with the access standards of the Monroe
County land development regulations; and
WHEREAS, The Florida Department of. Community Affairs,
Forestek, Inc. and Mr. Brieler desire to amicably settle and
resolve the foregoing appeal by agreement; and
WHEREAS, it is the intention of Monroe County to require
development of a "frontage road" along the area of U.S.1 between
Woods Avenue and Poinciana Boulevard to accommodate traffic be-
tween adjacent commercial uses and to avoid routing commercial
traffic through residential. neighborhoods; and
WHEREAS, the Florida Department of Community Affairs,,
Forestek, Inc. and Mr. Brieler agree -to the following:
1. The proposed retail store and U.S.]. access are reflected
on the site plan drawn by Jose Moxo, Jr., Consulting Engineer and
Alan Green, Architect, dated August 17, 1_990, and approved by
Monroe County on April 5, 1991 and April. 3.9, 1991; and
2. The owners and developers of the subject parcel are entitled
to a curb cut on U.S. 1 as shown on tl:ie site plan, subject -to
approval by the Florida Department of Transportation, The owners
and developers acknowledge and agree that this curb cut is a
temporary access; and
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3. The owners and developers agree to close the temporary access
when connection to adjoining properties is deemed feasible by
Monroe County or the DCA; and
4. Monroe County and the DCA acknowledge that the temporary ac-
cess may become permanent if it is deemed by the DCA and Monroe
County, in consultation with the Florida Department of Transporta-
tion, to be the most appropriate access to U.S. 1 for the commer-
cial properties in this block between Woods Avenue and Poinciana
Boulevard; and
5. The owner agrees to grant to Monroe County and to the owners
of property in the block between Woods Avenue and Poinciana Boule-
vard, for public use, an easement along and across the subject
property for the purpose of access to U.S.1; and
6. The easement shall be recorded in the Public Records of Monroe
County and shall be in a form acceptable to the DCA and Monroe
County; and
7. The developer agrees to construct that portion of the proposed
frontage .road that crosses his property. Construction and mainte-
nance of that portion of the frontage road on the subject proper-
ty shall be the sole responsibility of the owner of the property;
and
8. In authorizing additional development on other properties
along U.S.1 between Woods Avenue and Poinciana Boulevard, Monroe
County shall grant temporary access only and shall require ease-
ments for the development of the contemplated frontage road; and
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WHEREAS, the staff report by Lorenzo Aghemo, Director of
Planning, found that the agreement between the Florida Department
of Community Affairs, Forestek, Inc. and Herbert Brieler 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 with the Florida Department of
Community Affairs, Forestek, Inc. and Herbert Brieler;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS
OF MONROE COUNTY, FLORIDA, as follows:
That the Board of Commissioners of Monroe County, Florida,
agrees with the recommendation of the Director. of Planning and
that the execution of this agreement would be in the best inter-
ests of the citizens of Monroe County and we hereby approve and
adopt the agreement between the Florida Department of Community
Affairs, Forestek, Inc. and Herbert Brieler; and
That the Mayor is hereby authorized to execute the agree-
ment between the Florida Department of Community Affairs, Monroe
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County, Forestek, Inc. and Herbert Brieler, a copy of said agree-
ment is attached hereto and incorporated by reference; and
That the Clerk of the Board is hereby directed to forward
three certified copies of the ag.reemeiit to the Department of
Community Affairs.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the tth day of _February______, A.D. , 1992.
Mayor Harvey Yes
Mayor Pro Tem London Yes BOARD OF COUNTY COMMISSIONERS
Commissioner Cheal Yes OF MONROE COUNTY, FLORIDA
Commissioner Jones No
Commissioner Stormont Yes
BY
Mayor/Chairman
(SEAL)
Attest : DANNY L KOLHAGE, Clerk
A;11 , , , fI r,-14
Resolution #
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF COMMUNITY AFFAIRS,
Petitioner,
CASE NO. 91-5967DRI
FORESTEK, INC., a Florida
corporation, Owner; HERBERT E.
BRIELER, General Contractor;
and MONROE COUNTY, a political
subdivision of the State of Florida,
Respondents.
This Agreement is entered into between FORESTEK, INC., a
Florida corporation; HERBERT E. BRIELER, General Contractor for
Forestek; the FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (herein
"DCA"), an agency of the State of Florida; and MONROE COUNTY, a
political subdivision of the State of Florida.
WHEREAS, FORESTEK, INC., is the fee simple owner of real
property known as:
Lots 11-16 and 25-30, Block 9, Plantation
Key Colony subdivision, Plantation Key, in
Section 5, Township 63, Range 38, at
approximately Mile Marker 90, in
unincorporated Monroe County, Florida.
(herein "the subject property"); and
WHEREAS, on May 16, 1991, Monroe County issued to Forestek,
Inc., Building Permit No. 9030002017 for development of a
commercial retail store on the subject property and rendered the
development order to DCA on May 21, 1991; and
WHEREAS, on July 5, 1991, DCA timely filed its petition for
appeal of Building Permit No. 9030002017 to the Florida Land and
Water Adjudicatory Commission, alleging that the development order
is not in compliance with the access standards 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 parties wish to avoid the expense and delay of
lengthy litigation and resolve the pending litigation of Building
Permit No. 9030002017 under 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, it is the intention of Monroe County to require
development of a "frontage road" along this area of U. S. 1 between
2
Woods Avenue and Royal Poinciana Boulevard to accommodate traffic
between adjacent commercial uses, limit the number of access points
to U. S. 1, and avoid routing commercial traffic through a
residential area; 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. Representations. All representations contained above are
incorporated herein and are essential elements hereof.
2. Plot Plan. The proposed commercial development and U. S.
1 access are reflected on the Plot Plan drawn by Jose M. Muxo, Jr.,
Consulting Engineer, , Alan D. Green, Architect, dated 8-17-90,
bearing approvals by Monroe County dated 4-5-91 and 4-19-91 (herein
"the Plot Plan"). A copy of .the Plot Plan is attached hereto as
Exhibit A and incorporated herein.
3. Temporary Access to U. S. 1: The Owners shall be entitled
to a curb cut on U. S. 1 as shown on the Plot Plan, subject to
approval by the Florida Department of Transportation (FDOT) and
consistent with FDOT standards. The Owner acknowledges and agrees
that this curb cut shall constitute a temporary access, as
contemplated under Section 9.5-424, Monroe County Code (1991). The
Owner hereby agrees to close the temporary access when connection
to adjoining properties is feasible if instructed to close the
3
access by either Monroe County, DOT or DCA. Monroe County and DCA
acknowledge that the temporary access granted herein may become
permanent if the frontage road contemplated herein is completed and
access to U. S. 1 at the subject property is deemed by them to be
most appropriate for the commercial properties in this block
between Woods Avenue and Royal Poinciana Boulevard.
4. Easement and Recording of Same. The Owner agrees to grant
to Monroe County and the owners of adjacent and nearby properties
in the block between Woods Avenue and Royal Poinciana Boulevard,
for use by the public, an easement along and across the subject
property for the purpose of access to U. S. 1. An easement in a
form acceptable to Forestek, DCA and Monroe County shall be
executed by the Owner and recorded in the Public Records of Monroe
County, Florida, within ten (10) days after a final order approving
this Agreement and dismissing the subject appeal is entered by the
Florida Land and Water Adjudicatory Commission. Proof of
recordation of the easement .shall be provided by the Owner to
Monroe County and DCA. 5. Construction of Frontage Road. At the
time of construction of the proposed retail commercial store, Owner
shall construct that portion of the future frontage road running
across the subject property and within the easement referenced in
paragraph 4 above. Construction and maintenance of that portion of
the frontage road traversing the subject property shall be the sole
responsibility of the Owner.
6. Permitting of Development by Monroe County. In
authorizing additional development on other properties along U. S.
4
1 between Woods Avenue and Royal Poinciana Boulevard next to and in
the vicinity of the above -described property, any access to
U. S. 1 shall be granted by Monroe County as temporary access only.
Additionally, Monroe County shall require an easement such as that
required herein, and development of the frontage road contemplated
herein, as conditions for development of such other properties.
7. 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 with a request that
the Division recommend to the Florida Land and Water Adjudicatory
Commission that it approve this Agreement, grant development
approval pursuant to the terms of Building Permit No. 9030002017
and this Agreement, and dismiss the subject appeal. DCA shall
endeavor to expeditiously conclude this matter to avoid unnecessary
delay to the Owner.
8. Effective Date of Agreement. 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.
9. 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 an 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 provide proof of recordation to Monroe County
5
and DCA, including the official records book and page where this
Agreement is recorded.
10. 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 public records of
Monroe County as provided in paragraph 9 above.
11. Cost and Attorney's Fees. Each party shall bear its own
costs and attorney's fees incurred in this proceeding.
IN WITNESS WHEREOF, the parties have executed this Agreement
on the date and year below written.
f/-Z7/qZ-
Date
STATE OF FLORIDA
COUNTY OF MONROE,
ubscrib,ed
of Forestek, Inc.,
FORESTEK, INC.,
a Florida Corporation
and sworn to before me by
:ye as
Lsday of -:5c�rl�'Q i 19=
/--norary
My commission expires:
M
u,r
♦ MY C;7M �f;Str.ufi A
•rr 311 # r`'` puxkd ik,u iw�srr P1ita
Nhno'
MONROE COUNTY, a political
subdivision of the State of Florida
440-11r .. By
Date Wl a mina Harvey, Mayor
Date
STATE OF FLORIDA
COUNTY OF LEON
Subscribed
Secretary of the
of
Attest: Danny L. Kolhage, Clerk
SEAL
By
Deputy C er
DEPARTMENT OF COMMUNITY AFFAIRS
An Agency of the State of Fjorl
By
Will
, Secr
-eVo-rn to before me by William E. Sadowski, as
artment of Community Affairs, this day
, 19
Notary Public
My commission expires:
7
DEPARTMENT OF COMMUNITY AFFAIRS,
An Agency of the State of Florida
7
By
Randall Kelley
Assistant Secretary
STATE OF FLORIDA
COUNTY OF LEON
Subscribed and sworn to before me by Randall Kelley, ss stant
Secretary of the Department of Community Affairs, this ��{' day
of April, 1992.
X Personally Known �%
Identification / .
Ndthry Public t o•��"t
commission exles:
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