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Resolution 101-1992Planning Department RESOLUTION NO.101-1992 iLE n#,r '92 MAP 27 P ? :5 A RESOLUTION OF THE MONROE COUNTY BOARD OF COMMISSIONERS AUTHORIZING THE MAYOR TO EXECUTE, ON BEHALF OF MONROE COUNTf! FLORIDA, AN AGREEMENT BETWEEN THE FLORIN" DEPARTMENT OF COMMUNITY AFFAIRS, MONROE COUNTY AND ROGEN, INC., CONCERNING LOT 8, BLOCK 1A, AMENDED PLAT OF BAY HARBOR, LOCATED AT APPROXIMATE MILE MARKER 94.5 KEY LARGO, UNINCORPORATED MONROE COUNTY, FLORIDA WHEREAS, On June 17, 1991, the Monroe County Building Depart - merit issued seven permits numbered 9130003584 for the construc- tion of a single-family residence, and for fill, land clearing, and related development, to Rogen, Inc., (herein. "ROGEN") for property described as Lot 8, Block 1A, Amended Plat of Bay Har- bor, Key Largo, Monroe County, Florida; and WHEREAS, The Florida Department of Community Affairs filed a Notice of Appeal with the Florida Land and Water Adjudicatory Com- mission appealing the issuance of the Monroe County Building Department Permit No. 9130003584, on August 2, 1991, alleging that the permits are not in compliance with applicable provisions of the Monroe County land development regulations; and WHEREAS, The Florida Department of Community Affairs and Rotten desire to amicably settle and resolve the foregoing dispute by agreement; and WHEREAS, the Florida Department of Community Affairs and Resolution # -Rogen agree to the following: 1. Rogen has submitted to Monroe County and the DCA, and the County and the DCA have approved, a plan entitled "Transplanta- tion Plan for Robert Gentes, Lot B - Block 1A, Bay Harbor," pre- pared by Katherine Caputo, dated August 24, 1991; and 2. All trees which are endangered, threatened, or have a diame- ter at breast height (d.b.h.) of 3-1/2 inches shall be replaced on a two to one basis. That is, for the nine (9) such threat- ened, endangered and 3-1/2 inch d.b.h. trees, a total of eighteen (18) trees shall be planted; and 3. All transplantation/replacement of plant species shall occur on site, unless it is determined by a DCA representative that all or part of such transplantation is impossible; and 4. Rogen shall maintain sixty (60%) percent of the site as open space; and 5. Rogen shall provide notice that the development is completed within two (2) weeks following development, and shall provide a sketch depicting the area cleared for development. The DCA and Monroe County staff shall inspect the site and verify the land clearing and transplantation; and 6. In the event of overclea.ring, Rogen agrees to restore the overcleared area to its previolation grade and .replace the unlaw- fully cleared trees as required by Section 9.5-11.9(a)(1)-(4), Monroe County Code (1991), within four (4) weeks after receipt of notice from the DCA; and 7. In the event site restoration is :required, Rogen shall pro- vide a restoration guarantee as described in Section Resolution # 19.5-119(b)(2) and (3), Monroe County Code (1991); and 8. Monroe County shall not issue a certificate of occupancy for the residential unit until after Rogen has provided a post -devel- opmental sketch of the site, DCA staff has inspected the site and the DCA has advised Monroe County in writing that no restoration is required or that restoration has occurred or that a restora- tion guarantee has been provided; and WHEREAS, the staff report by Lorenzo Aghemo, Director of Planning, found that the agreement between the Florida Department of Community Affairs and Rogen 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 Rogen, Inc.; 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 the planning staff that the execution of this agreement would be Resolution # -in the best interests of the citizens of Monroe County and we hereby approve and adopt the agreement between the Florida Depart- ment of Community Affairs, Rogen, Inc.; and That the Mayor is hereby authorized to execute the agree- ment between the Florida Department of Community Affairs, Monroe County, Rogen, Inc., 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 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 18th day of February A.D. , 1992. Mayor Harvey Yes Mayor Pro Tem London Yes Commissioner Cheal Yes BOARD OF COUNTY COMMISSIONERS Commissioner Jones Yes OF MONROE COUNTY, FLORIDA Commissioner Stormont Yes � w BY Mayor/Chairman (SEAL) Attest : DANNY L. KOLHAGE, Clerk APrRovt.0 AS ro4A? ANDLUGA A1fornc Resolution # STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, ROGEN, INC., Owner; SEAMARK CONSTRUCTION, General Contractor; and MONROE COUNTY, Respondents. CASE NO. 91-6325DRI A G R E E M E N T This Agreement is entered into between ROGEN, INC., a Florida corporation (herein "ROGEN"); 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, Rogen is the owner of real property known as: Lot 8, Block 1A, Amended Plat of Bay Harbor, Key Largo, unincorporated Monroe County, Florida. (herein "the subject property"); and WHEREAS, on June 17, 1991, Monroe County issued to Rogen, Owner, and Seamark Construction Co., General Contractor for Owner, seven (7) building permits, each numbered 9130003584, for construction of a single-family residence on the subject property, and for fill, land clearing, roof, electrical, mechanical, and plumbing related to development of the residence; and WHEREAS, on August 2, 1991, DCA timely appealed the building permits to the Florida Land and Water Adjudicatory Commission, alleging that the permits are 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, 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, Rogen has submitted to DCA a vegetation map identifying all trees on site with a diameter at breast height of 3-1/2 inches and greater, a transplantation plan, and a revised site plan in an effort to address the issues raised by DCA in its appeal, which documents are acceptable to DCA with certain changes described herein; and WHEREAS, the parties wish to avoid the expense and delay of lengthy litigation and resolve the pending permit appeal under terms which are consistent with the Monroe County land development regulations and which effectuate the provisions and purposes of The Act, and it is in their best interests to.do so; and 2 WHEREAS, Seamark Construction Co. has acted herein only as agent or contractor for Rogen, Inc., the Owner, and has no direct interest other than as agent or contractor for the Owner, and is therefore not a signatory to this Agreement; 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, 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. Transplantation Plan. Rogen has submitted to Monroe County and DCA, and the County has approved, a plan entitled "Transplantation Plan for Robert Gentes, Lot 8 - Block 1A, Bay Harbor," prepared by Katherine Caputo, dated August 24, 1991, a copy of which is attached hereto as Exhibit A. The transplantation plan is acceptable to and is hereby approved by DCA with the following changes: a. All recommendations in the Transplantation Plan shall be requirements, unless otherwise modified in this Agreement. All use of the term "should" shall be deemed to be mandatory. b. All trees which are endangered, threatened, or have a diameter at breast height of 3-1/2 inches shall be replaced on a two to one basis, not on a one to one basis as called for in the attached transplantation plan. That is, for each of the nine (9) endangered, threatened or 3-1/2 inch d.b.h. trees identified in the attached transplantation plan which is removed to accomodate the subject development, two such trees, or a total of eighteen (18), shall be replaced. Trees shall be a minimum of six (6) feet in height, as provided in the Transplantation Plan, and shall be nursery stock. C. All transplantation/replacement of plant species shall occur on site, unless it is determined by a DCA representative that all or part of such transplantation/replacement is impossible. In that event, Rogen agrees to select an alternate site, in conjunction with Monroe County and DCA, for planting of trees required to be transplanted/replaced. 3. Open Space Requirement. The parties acknowledge that the subject property is tropical hardwood hammock (classified as moderate quality High Hammock) and there is therefore an open space requirement under the Monroe County land development regulations of sixty (60%) percent. Rogen shall maintain sixty (60%) percent of the site as open space, as that term is defined in the Monroe County land development regulations in effect on the effective date of this Agreement. 4. Post -Development Survey, Inspection and Restoration. a. Survey/Inspection. Within two (2) weeks following development of the single-family residence authorized under the subject permits, Rogen shall provide to DCA and Monroe County actual written or verbal notice that development is completed, and shall provide to DCA and Monroe County a sketch depicting the area 4 cleared for development. DCA and Monroe County staff shall be allowed reasonable access to the site for site inspection and verification of land clearing and transplantation. Such inspection shall occur no later than two (2) weeks after receipt of notice from Rogen that construction is completed and a sketch depicting the area cleared. Within the same two -week time period, if no overclearing has occurred, DCA shall notify Monroe County that it is satisfied that no violation of the Monroe County land development regulations and this Agreement has occurred. b. Restoration. Clearing more than forty (40%) percent of the site for construction and building activities related to the permitted development constitutes a violation of the Monroe County land development regulations in effect as of the date of this Agreement, and is also a violation of this Agreement. In the event of overclearing, DCA shall notify Rogen of such overclearing within five (5) days after inspecting the site. Rogen agrees to restore the overcleared area to its previolation grade and replace the unlawfully cleared trees as required by the Environmental Restoration Standards in Section 9.5-119(a)(1)-(4), Monroe County Code (1991) , within four (4) weeks after receipt of notice from DCA that overclearing has occurred. If on -site restoration is not feasible, Rogen agrees to select an alternate site, in conjunction with Monroe County and DCA, for planting of trees required to be restored. The amount, size and species of trees and plants to be restored shall be determined jointly by a DCA representative and the County Biologist. All plant material shall be nursery stock. 5 Restoration shall be deemed complete under Section 9.5- 119(a)(1) and (2), Monroe County Code (1991), when both DCA and Monroe County are satisfied with the replacement planting performed by Rogen, and DCA has so notified the County in writing. Within two (2) weeks after replacement planting has been performed, Rogen shall provide actual written or verbal notice to Monroe County and DCA that such planting has occurred. Inspection of the site to determine whether replacement planting performed by Rogen is satisfactory, and DCA notice to Monroe County that such planting is acceptable, shall occur within two (2) weeks after receipt of notice from Rogen that replacement planting has been completed. c. Restoration Guarantee. In the event site restoration under subsection b. above is required, Rogen shall provide a restoration guarantee as described in Section 9.5-119 (b) (2) and (3), Monroe County Code (1991), in favor of Monroe County to assure that the Environmental Restoration Standards are met and the plant species survive as provided in. Section 9. 5-119 (a) (3) , Monroe County Code (1991). 5. Certificate of Occupancy. Monroe County shall not issue a certificate of occupancy for the residential unit until after Rogen has provided a post -development sketch of the site, DCA staff have inspected the site, and DCA staff have advised the County in writing that no restoration is required. Alternatively, if overclearing has occurred and restoration is required, a certificate of occupancy shall not be issued until restoration under Section 9.5-119(a)(1) and (2), Monroe County Code (1991), has occurred or a restoration guarantee has been provided. 6. Dismissal of Appeal. 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 Owner. 7. 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. 8. Recordation of Agreement. This Agreement is intended to and shall create a 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, Rogen shall record this Agreement in the public 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. 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 public records of Monroe County as provided in paragraph 8 above. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year below written. 7 '•GEN, INC., a Florida corporation BY- 01 STATE OF FLORIDA COUNTY OF MONROE, Subscribed and sworn to before me by Ra'6e,,,-; it.-�TGS as i°1W3r e-T- of Rogen, Inc., this .z 3 day of �E���►b�' , 1991. Notary Public My commission expires: NOTARY PULiLIC STATE OF FLORIDA i, ti' , OP1f41SSIDN EXP. APR.23, 1993 60NDED THRU GENERAL INS. UND. MONROE COUNTY, a political subdivision of the State of Florida Of BY ! . Date Wilhelmina Harvey, Mayor (SEAL) Attest: Danny L. Kolhage, Clerk By 8 A'YP, LEGAL An rttey�N DEPARTMENT OF COMMUNITY AFFAIRS, An Agency of the State of Florida 9� By Date Wi T liam E. Sa 1, Secretary STATE OF FLORIDA COUNTY OF LEON Subscribed and sworn to before me by William E. Sadowski, as Secretary of the Department of Community Affairs, this day of'� 19q� X Personally Known N ary Public �N©faary Putc, to 0, r!c�i M commission fxtiep�a ls��v4F $o�,d�a rt,�u �roY fa;a.lrouagn�;a � . agr.revised 12/17/91 E s a�c�vr So;�ti^r TRANSPLANTATION PLAN FOR ROBERT GENIES LOT 8 — BLOCK 1A. BAY HARBOR Prepared by: Katherine Caputo August 24, 1991 LOT 8 - BLACK 1 A , BAY HARBOR It will be necessary to remove a total of 9 trees having a diameter at breast height of 3.5" or greater in order to accomodate the proposed house, drive, septic tank, and drainfield. The affected trees are as follows: 2 - gumbo limbos 2 - poisonwoods 1 - pigeon plum 1 - wild tamarind 3 - mahoganies Due to the poor survival rate for transplanted trees of 3.5" and greater, it is recommended that all but the gumbo limbos be replaced by healthy nursery grown stock. Because this property is heavily wooded, the property owner would prefer to plant the replacement/transplanted trees on the site where he is presently living, which he also owns. This would facilitate the watering of the trees. If the new site is unacceptable to the D.C.A. there should be room on - Lot 8 - Block 1A Bay Harbor for the nine trees. Some can go by the side of the proposed house, some along the drive, and some in the front of the lot when the Brazilian pepper has been removed. LOT 8 - BLACK IA. BAY HARBOR 21 to 2l 23 =A ' M � K n 32 1� 24 51 17 .4 41 � a 2s r ; �' ♦ T l � 5 Trees with a Diameter at Breast Height of 3.5" or Greater: 1 - Wild tamarind 4.75" 2 - Gumbo limbo 3.75" 3 - Soldierwood 3.5", 3.5" 4 - Mahogany 14.25", 12.25", 11.75" 5 - Mahogany 3.5" 6 - Mahogany 5.25" 7 - Mahogany 8.25" 8 - Gumbo limbo 7.5" 9 - Mahogany 7.25" 10 - Gumbo limbo 3.75" 11 - Gumbo limbo 7" 12 - Mahogany 5.25" 13 - Poisonwood 3.75", 5.5", 5.75" 14 - Gumbo limbo 7.25" LOT 8 - BLACK 1A. BAY HhPBOR 15 - Gumbo limbo 5.75" g 16 - Soldierwood 6.25". 4" 17 - Gumbo limbo 6.5" 18 - Mahogany 5.25" 19 - Mahogany 3.5" 20 - Mahogany 4", 3.5" 21 - Poisonwood 4.5" 22 - Gumbo limbo 6.5"9 8" 23 - Gumbo limbo 4.25" 24 - Poisonwood 5.75". 6.5". 7.25" 25 - Soldierwood 5.5" 26 - Wild tamarind 11" 27 - Soldierwood 3.5" 28 - Wild tamarind 6.25" **29 - Gumbo limbo 5.75", 5.75". 3.5"9 4.5" **30 - Poisonwood 4.25" **31 - Pigeon plum 3.5" **32 - Wild tamarind +23" **33 - Poisonwood 5.25"9 6.25" **34 - Gumbo limbo 4.25" 35 - Gumbo limbo 8" **36 - Mahogany 8" 37 - Mahogany 8.5" 38 - Mahogany 8.5" **39 - Mahogany 5.75" **40 - Mahogany 4.5" 41 - Mahogany 5.5" 42 - Poisonwood 5.5", 5.5", 3.75" 43 - Gumbo limbo 7.25" 44 - Gumbo 5.75" 45 - Gumbo limbo 7", 4.75" 46 - Mahogany 3.75" ** Indicates trees to be removed The expected survival rate for transplanted native trees with a diameter at breast height of 3.5" or greater is close to 0%, with the exception of gumbo limbos. It is therefore recommended that all trees except the gumbo limbos be replaced by nursery grown stock, 6' or greater in height. It is suggested that the replacement trees be the same species as those being removed. If this is impossible due to availability, suitable replacement trees would include rare, threatened, or endangered species as per approval from the County Biologist. A further advantage gained from the use of nursery grown stock should be an increased supply of native trees as the demand increases. As the. natives have lower water requirements and less need for insecticides, they are better suited to the Keys environment than many exotic trees. To prepare the site for the healthy nursery or field -grown trees, holes will be augered, or the area will be trenched. Each hole will be 6" deeper than the root ball and approximately 12" greater in diameter. The holes will be filled with a mix of native soil and top soil. The trees will either be staked or supported with protective guy wires to prevent toppling. All new plant material will have a one time application of 3" of mulch. Mulch will be pulled back away from the trunk to prevent rotting. The trees will be watered three times weekly during the first two months, depending on rainfall. For the:next two months, the trees will be watered twice weekly, with adjustments again made depending on rainfall. After the first four months, the trees should be watered as required to'ensure survival. Fertilizer should be applied six months after planting. This'.fertilizer, 6-6-6 in strength, should be placed at a distance approximately 2' from the trunk and Watered enough to wash it into the ground. A second application of 6-6-6 fertilizer should be made as above one year after planting. c The expected survival rate of nursery or field grown stock planted in this manner and maintained as above is close to 100%. FILL MIXED N KTTV E Tyr aw#*-/ Solt,. • When transplanting a gumbo limbo notches should be cut in the trunk to promote better root mass. The not;hes should be cut running parallel with the axis of the limb or trunk. The notches must be deep enough to go through the cambium layer into the white heartwood beneath. The notches may be painted with dry root —tone powder to encourage growth. The narrow notched pieces are removed, exposing the white inner layer.and the cambium layer �v the soil. The tree is then planted in a narrow hole such that the notches are at least 1" below the surface of the soil. Approximately 5 to J of the outer branches should be removed to reduce watering requirements and to encourage root development. The gumbo limbo should be watered three times weekly for the first two months, with adjustments made for rainfall. For the next two months, watering should be twick weekly, again dependent on rainfall. Afterwards the gumbo limbo should be watered as required to ensure survival. The expected survival rate for a tree planted in this manner is +99%. A gumbo limbo with.a diameter at breast height of 3.5" to 5" should be notched 9 — 12". A gumbo limbo with a d.b.h. of 5" to 10" should be notched 12 — 18". r lit w, v:.' 2AN91 uH - ACTT VE GKoWr ' LAYCR,