Resolution 102-1992Planning_ Department
RESOLUTION NO. 102-1992 L
.y2 P ; 4
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COMMISSIONERS AUL'HORIZING THE MAYOR TO
EXECUTE, ON BEHALF OF MONROE COUNTY,
FLORIDA, AN AGREEMENT AMONG THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS, MONROE
COUNTY, ALBERT AND MARY LEW GRIFFIN AND
GOODE, OLCOTT, KNIGHT & ASSOCIATES
CONCERNING LOTS 4-8 and 33-37, BLOCK 9,
PLANTATION KEY COLONY SUBDIVISION, SECTION
5, TOWNSHIP 635, RANGE 38E, AT APPROXIMATE
MILE MARKER 90, UNINCORPORATED MONROE
COUNTY, FLORIDA
WHEREAS, Albert J. Griffin and Mary Lew Griffin (herei.n. "the
Griffins") are the fee simple owners of real property known as:
Lots 4-8 and 33-37, Block 9, Plantation. Key
Colony subdivision, Plantation Key, located.
in Section 5, Township 63S, Range 38E, in
unincorporated Monroe County, Florida.
(he.rein. "the subject property"); and
WHEREAS, Goode, Olcott, Knight & Associates wishes to ac-
quire the above -described real property from the Griffins .for the
purpose of constructing a Sonic Restatirant: on the site; and
WHEREAS, on May 21, 1991, Monroe County issued Minor Condi-
tional Uses Development Order 2-91 to Goode, Olcott, Knight &
Associates for development of the proposed Sonic Restaurant on
the subject property and rendered the development order -to the
Florida Department of Community Affairs (herein "DCA" ) on May 23,
1991; and.
Resolution #
WHEREAS, on July 5, 1991, DCA filed a petition for appeal of
the Monroe County Minor Conditional Uses Development Order 2-91
to the Florida Land and Water Adjudicatory Commission with an
amended petition for appeal filed on July 11, 1991, both peti-
tions alleging that Minor Conditional Uses Development Order 2-91
is not in compliance with the access standards of the Monroe
County land development regulations; and,
WHEREAS, The Florida Department of Community Affairs, the
Griffins and Goode, Olcott, Knight & Associates desire to amica-
bly settle and resolve the foregoing appeal by agreement; and
WHEREAS, as reflected in Minor Conditional Uses Development
Order 2-91, it is the intention of Monroe County to require devel-
opment of a "frontage road." along the area of U.S.1 between Woods
Avenue and Poinciana Boulevard to accommodate traffic between
adjacent commercial uses and to avoid routing commercial -traffic
through residential neighborhoods; and
WHEREAS, the Florida Department of Community Affairs, the
Griffins and Goode, Olcott, Knight & Associates agree to the
following:
1. The proposed Sonic Restaurant and U.S.I. access are reflected
on the site plan and layout plan (sheet. C-l.) (herein "the site
plan) drawn by Knude, Sprecher, Yask.in & Associates, Inc., dated
February 20, 1990, and .revised February 2.3, 1991; and
2. The owners and developers of the subject parcel are entitled
to a curb cut on U.S. 1 as shown on the site plan, subject to
approval by the Florida Department of Transportation. The owners
Resolution #
and developers acknowledge and agree that this curb cut is a
temporary access; and
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 Griffins agree 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 .Eor 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
Resolution #
WHEREAS, the staff report by Lorenzo Aghemo, Director of
Planning, found that the agreement between the Florida Department
of Community Affairs, the Griffins and Goode, Olcott, Knight &
Associates 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 pub]_ic 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, the Griffins and Goode, Olcott., Knight & .Asso--
ciates;
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, the Griffins, Goode, Olcott, Knight & Associated; and
That the Mayor is hereby authorized to execute the agree-
ment between the Florida Department of Community Affairs, Monroe
Resolution #
County, the Griffins and Goode, Olcott, Knight & Associates, 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
Mayor Harvey No
Mayor Pro Tem London Yes
Commissioner Cheal Yes
Commissioner Jones No
Commissioner Stormont Yes
(SEAL)
A.D., 1997.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
� w
BY
Mayor/Chairman
Attest: DANNY L. KOLHAGE, Clerk
40
C1 k
APPaOVLO As 10 FOW
Resolution #
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF COMMUNITY AFFAIRS,
Petitioner,
MR
ALBERT J. AND MARY LEW GRIFFIN;
Owners; GOODE, OLCOTT, KNIGHT &
ASSOCIATES, Agents for Owners;
and MONROE COUNTY, a political
subdivision of the State of Florida,
Respondents.
AGREEMENT
CASE NO. 91-6325DRI
This Agreement is entered into between ALBERT J. GRIFFIN and
MARY LEW GRIFFIN (herein "the Griffins"); GOODE, OLCOTT, KNIGHT &
ASSOCIATES (the Developer); 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, the Griffins are the fee simple owners of real
property known as:
Lots 4-8 and 33-37, 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, Goode, Olcott, Knight & Associates wishes to acquire
the above -described real property from the Griffins for development
of a proposed Sonic Restaurant on the site; and
WHEREAS, the subject property is in a Suburban Commercial (SC)
land use district in which the proposed drive-in restaurant may be
allowed as a minor conditional use; and
WHEREAS, on May 21, 1991, Monroe County issued Minor
Conditional Uses Development Order 2-91 to Goode, Olcott, Knight &
Associates for development of a proposed Sonic Restaurant on the
subject property and rendered the development order to DCA on May
23, 1991; and
WHEREAS, on July 5, 1991, DCA timely filed its petition for
appeal of Minor Conditional Uses Development Order 2-91 to the
Florida Land and Water Adjudicatory Commission, with an amended
petition for appeal having been filed on July 11, 1991, both
alleging that Minor Conditional Uses Development Order 2-91 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
2
thereunder; and
WHEREAS, the parties wish to avoid the expense and delay of
lengthy litigation and resolve the pending appeal of Minor
Conditional Uses Development Order 2-91 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, as reflected in Minor Conditional Uses Development
Order 2-91, it is the intention of Monroe County to require
development of a "frontage road" along this area of U. S. 1 between
Woods Avenue and Royal Poinciana Boulevard to accomodate traffic
between adjacent commercial uses 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. Site Plan. The proposed Sonic Restaurant and U. S. 1
access are reflected on the site and layout plan (sheet C-1)
(herein "the Site Plan") drawn by Kunde, Sprecher, Yaskin &
Associates, Inc., dated February 20, 1990, revised February 23,
1991.
3
3. Temporary Access to U. S 1: The Owners and Developer
shall be entitled to a curb cut on U. S. 1 as shown on the Site
Plan, subject to approval by the Florida Department of
Transportation (FDOT) and consistent with FDOT standards. The
Owner and Developer acknowledge and agree that this curb cut shall
constitute a temporary access, as contemplated under Section 9.5-
424, Monroe County Code (1991). The Owners and Developer agree to
close the temporary access when connection to adjoining properties
is feasible if instructed to close the access by either Monroe
County 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 at the
subject property is deemed by them, in consultation with FDOT, to
be most appropriate access to U. S. 1 for the commercial properties
in this block between Woods Avenue and Royal Poinciana Boulevard.
4. Easement and Recording of Same. As consideration for this
Agreement, the Griffins agree 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. The easement shall be for the area designated
as "future connection to site" on the Site Plan. An easement in a
form acceptable to DCA and Monroe County shall be executed by the
Griffins and recorded on their behalf by Goode, Olcott, Knight &
Associates in the Public Records of Monroe County, Florida, within
4
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 shall be
provided to Monroe County and DCA.
5. Construction of Frontage Road. The Developer agrees that,
at the time of construction of the proposed Sonic Restaurant, it
shall also construct that portion of the proposed frontage road
running across the subject property and designated as "future
connection to site" on the Site Plan. Construction and future
maintenance of that portion of the frontage road on the subject
property shall be the sole responsibility of the Owner of the
property.
6. Permitting of Development by Monroe County. In
authorizing additional development on other properties along U. S.
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 Minor Conditional Uses
5
Development Order 2-91 and this Agreement, and dismiss the subject
appeal. DCA shall endeavor to expeditiously conclude this matter
to avoid unnecessary delay to the Griffins and to Goode, Olcott,
Knight & Associates.
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. 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 an order by the Florida Land
and Water Adjudicatory Commission concluding this appeal, Goode,
Olcott, Knight & Associates shall record this Agreement in the
Public Records of Monroe County, Florida, and shall provide proof
of recordation to Monroe County 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. Costs 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
n
on the dates and year below written.
,/—i o -Y�P_
Date
STATE OF FLORIDA
COUNTY OF MONROE,
Date
r_
ALBERT . GRIFFIN
Subscribed and sworn to before me b ALBERT J. GRIFFIN this
day of �i9iliUf},Pc� 19 v .
otary Public
M commission expires: a �f°=
Y P �DTHRIJMAI; Q ti cY
STATE OF FLORIDA
COUNTY OF MONROE,
Subscribed and s
/C day of
MARY L,otW GRIFFIN
to before me by MARY LEW GRIFFIN this
19 lu .
v Public
My commission expires:
7
f "Y"LL- OrATrcrAGENcy
aRIDA
aoncccniau,uavrur�a� �'3:. ems:,
GOODE, OLCOTT, KNIGHT & ASSOCIATES
By
Date
STATE OF FLORIDA
COUNTY OF
Subscribed and sworn to before me by
as GAA*-O of Goode, Olcott, Knight & Associates,
this tt-_ day of �,, „ , 19?;1- .
Notary Public
My commission expires:
MONROE COUNTY, a political
subdivision of the State of Florida
t/ - 9� By 0 . &- - .1. j W:V�
LA
Date Wilhelmina Harvey, Mayor
(SEAL)
Attest: Danny L. Kolhage, Clerk
Deputy CleA iffla
1;M11
W1,
8
DEPARTMENT OF COMMUNITY AFFAIRS,
An Agency of the State of Florida
!
-Y _I (Li
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 Wotary Public
commission
9
"r `?
Don dodTnruircy"in -htsurcnAz1-11