Resolution 498-1992cf'( Fri � r)P. PFr`opp,
'92 NOV 30 P 4 :33
Plannin'§! Department
,19NRO JN _,"..
RESOLUTION NO. 498-1992
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COMMISSIONERS AUTHORIZING THE MAYOR TO
EXECUTE, ON BEHALF OF MONROE COUNTY,
FLORIDA, AN AGREEMENT BETWEEN THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS, MONROE
COUNTY AND KEY LARGO PALM, INC.,
CONCERNING LOT 3, BLOCK 2, PAMELA VILLA
SUBDIVISION, MONROE COUNTY, FLORIDA, AND
LOCATED AT APPROXIMATE MILE MARKER 102.5
WHEREAS, Key Largo Palm, Inc. is the owner of real proper -
toy know as:
Lot 3, Block 42, Pamela Villa subdivision, Key Largo,
Monroe County, Florida
herein referred to as "the subject property"; and
WHEREAS, the Monroe County Building Department issued permit
No. 9130003641 to Key Largo Palm, Inc., for land clearing and the
construction of a single family home on the subject property,
and rendered the development order to the Department of Community
Affairs (herein DCA); 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. 9130003641, alleging that the permit is not
in compliance with applicable provisions of the Monroe County
land development regulations; and
WHEREAS, The Florida Department of Community Affairs and Key
Largo Palm, Inc. desire to amicably settle and resolve the forego-
ing dispute by agreement; and
WHEREAS, the Florida Department of Community Affairs and Key
Largo Palm, Inc., and Monroe County agree to the following:
1. The transplantation plan entitled "A transplantation plan for
Lot 3, Block 2, Pamela Villa", prepared by Katherine Caputo and
revisions to the transplantation plan made by Alan D. Green,
Architect, P.A., attached hereto and incorporated by reference as
Exhibit "A", have been approved by Monroe County and the DCA
with the following changes:
a. All recommendations in Exhibit "A" shall be require-
ments; all use of the term "should" shall be deemed mandatory;
b. The referenced planting shall be scheduled in accor-
dance with the best horticultural practices;
c. All planting shall be completed and determined to be
acceptable by DCA prior to the issuance of a Certificate of Occu-
pancy;
d. Eighty (80%) percent of all replacement trees shall
survive for a period of not less than one (1) year from the date
of final planting. Any and all plants which do not survive for
at least one (1) year from the date of final planting shall be
replaced with plants that are acceptable to the DCA. All replace-
ment plants shall survive for one (1) year from the date of plant-
ing; and
2. Monroe County shall amend building permit No. 9130003641 to
assure compliance with the terms of this settlement agreement; and
WHEREAS, the staff report by Lorenzo Aghemo, Director of
Planning, found that the agreement between the Florida Department
of Community Affairs and Key Largo Palm, Inc., 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 Key Largo Palm, Inc.;
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA THAT:
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 we hereby approve and
adopt the agreement between the Florida Department of Community
Affairs and Key Largo Palm, Inc.; and
That the Mayor is hereby authorized to execute the agree-
ment between the Florida Department of Community Affairs, Mon-
roe County and Key Largo Palm, 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 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 day of PUr, A.D., 1992 .
Mayor Harvey
Yes
Mayor Pro Tem London
Yes
Commissioner Cheal
No
Commissioner Jones
Yes
Commissioner Stormont
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BA k- 46�� I Ant!i�r
MAYOR/CHAIRMAN
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BY•61 ?%j
DEPUT C K
Vy
I
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF COMMUNITY AFFAIRS,
Petitioner,
V.
KEY LARGO PALM, INC., Owner;
and MONROE COUNTY, a political
subdivision of the State of
Florida,
Respondents.
CASE NO. 91-6329DRI
1
SETTLEMENT AGREEMENT
THIS AGREEMENT is entered into between Key Largo Palm, Inc.,
("Respondent") and the Department of Community Affairs ("DCA"),
an agency of the State of Florida, and Monroe County, a political
subdivision of the State of Florida (" Monroe County"), as a
complete and final settlement of all claims raised in the above -
styled appeal filed by DCA pursuant to Section 380.07, Florida .
Statutes.
WHEREAS, DCA is the state land planning agency having the
power and duty to exercise general supervision of the
administration and enforcement of Chapter 380., Florida Statutes,
the Environmental Land and Water Management Act, which includes
provisions relating to Areas of Critical State Concern; and
WHEREAS, DCA is authorized by Section 380.032, Florida
Statutes, to enter into an agreement with any landowner,
developer or other governmental agency as may be necessary to
effectuate the provisions and purposes of Chapter 380, Florida
Statutes, or any related rule; and
WHEREAS, Respondent is the owner the real property known as:
Lot 3, Block 2, PAMELA VILLA Subdivision ;
i
Key Largo, Monroe County, Florida.
(herein "the subject property"); 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, Monroe County issued to Respondent, Owner and
Contractor, two (2) building permits, each numbered 9130003641,
which authorized land clearing and the development of a single-
family residence; and
WHEREAS, in July 1991, the Department timely appealed
building permits numbered 9130003641 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, Respondent has submitted to DCA a transplantation
plan, a vegetation map identifying all trees on site with a
diameter at breast height of 3 and 1/2 inches and greater, and
revisions thereto, in an effort to address issues raised by DCA
in its appeal, which documents are acceptable to DCA with certain
changes; and
WHEREAS, the parties hereto wish to avoid the expense and
delay of lengthy litigation and to resolve the issues pending in
this appeal under the terms and conditions set forth herein,
which terms and conditions effectuate the provisions and purposes
6
of the Act, 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 terms and conditions
set forth hereafter and the full, complete and final settlement
of all claims arising out of the above -styled appeal, the parties
hereto agree as follows:
1. Representations. The representaticns set forth above
are incorporated herein and are essential elements of this
Settlement Agreement.
2. Transplantation Plan. Respondent has submitted to
Monroe County and the Department, and the County has approved, a
plan entitled "A Transplantation Plan For Lot 3, Block 2, Pamela
Villa," prepared by Katherine Caputo, dated April 4, 1992, and
revisions to the Transplantation Plan made by Alan D. Green,
Architect, P.A. dated June 9, 1992, a copy of the Transplantation
Plan and the revision thereto are attached hereto and
incorporated herein by reference as Exhibit "A". The
transplantation plan and revisions thereto are acceptable to and
is hereby approved by the Department with the following changes:
3
a. All recommendations in Exhibit "A" shall be
requirements, unless otherwise modified in this Agreement. All
use of the term "should" shall be deemed mandatory.
b. The referenced planting will be in accordance with
the best horticultural practices in terms of scheduling-
C
. All planting shall be completed and determined to
be acceptable by DCA prior to the issuance of a Certificate of
Occupancy for a single-family residence for the subject property.
d. Eighty (80%) percent of all replacement.trees
shall survive for a period of not less than one (1) year from the
date of final planting. Any and all plants which do not survive
for at least one (1) year from the date of final planting shall
be replaced with replacement plants that are acceptable to DCA.
All replacement plants shall survive for a one year period from
the date of planting.
g. The planting shall be monitored by Respondent and
inspected by DCA on a biannual basis.
3. Notice of Right to Inspect. Within two (2) weeks after
replacement planting has been performed, Respondent shall provide
written notice to the Department that such planting has occurred.
Inspection of the subject property and the receiver site to
determine whether replacement planting performed by Respondent is
satisfactory to the Department shall occur with in two (2) weeks
after receipt of notice from Respondent that replacement planting
has been completed.
4
4. Amendment of Development Order. The parties hereby
request that Monroe County revise building permits numbered
9130003941 to assure compliance with the terms of this Settlement
Agreement.
5. Entirety of Agreement. The parties further agree that
this Settlement Agreement contains the entire and exclusive
understanding and agreement among the parties and may not be
modified in any manner except by an instrument in writing and
signed by the parties.
6. Duplicate Originals. This Settlement Agreement may be
executed in any number of originals, all of which evidence one
agreement, and only one of which need be produced for any
purpose.
7. Enforcement. In the event of a breach of this
Agreement or failure to comply with any condition of it or if it
has been based upon materially inaccurate information, the DCA .
may enforce this Agreement as provided in Section 380.06 and
380.11, Florida Statutes.
8. 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 by state law or local ordinance for any development
authorized by this Agreement.
5
9. Release: Costs and Attorneys Fees. Each party hereto
releases the other from any and all claims or demands arising out
of the subject permit appeal. Each party shall bear its own
costs and attorney fees incurred in connection with this
proceeding. '
10. Date of Execution. The date of execution of this
Agreement shall be the date that the last party signs and
acknowledges this Agreement.
11. Dismissal. In consideration of these mutual
covenants, and within fifteen (15) days of the rendition of the
revised building permits each numbered 9130003941 that complies
with this Settlement Agreement, the Department of Community
Affairs shall file on behalf of all the parties a Notice of
Voluntary Dismissal of the above -captioned appeal. The
Department shall endeavor to expeditiously conclude this matter
to avoid unnecessary delay to Respondent.
12. Effective Date. This Settlement Agreement Shall
become effective and binding on the parties upon the filing of a
dismissal by the Florida Land and Water Adjudicatory Commission.
13. Survival. This Settlement Agreement shall survive
dismissal of the above -styled action and shall be binding on the
parties hereto.
IN WITNESS THEREOF, the parties by and through their
respective undersigned duly authorized representatives have
N.
executed this Agreement on the dates and year below written.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
WILHELMINA HARM,, Mayor
( SEAL)
Attest: DANNY L. KOLHAGE, Clerk
'4! � � 1, "o
By
Deputy Clerk
/to r04-7c'
Key Largo Palm, Inc.
a Florida Corporation
By 'At
ARBARA GREEN
President
STATE OF FLORIDA
COUNTY OF
Th oregoing 'nter ogatories were acknowledged before me
this < � day of _, `,' ) _, 1992 by BARBARA GREEN, President
of Key Largo Palm, Inc., a Florida corporation, on behalf of the
corporation. She is personally known to me or has produced
A//A as i en iacation and �--_
take aA oath.
Pri1't name:
4otary Public
MY C91�I1Tta��6PF 1t$�
My Commission Expires fy if C=.J
Bonded Thru JUSN
C r Y
1
U r11 Ui.rca
l
7
DEPARTMENT OF COMMUNITY AFFAIRS, an
Agency of the State of Florida
By ,
Linda Loomis Shelley
Secretary
STATE OF FLORIDA
COUNTY OF LEON
,#The foregoing instrument was acknowledged before me this
-day of , 1992, by LINDA LOOMIS SHELLEY,
Secretary, Florida Department of Community Affairs, who is
personally known to me W Voo oxw4ft.6
as identification and who kid (did not) take an oath.
P r i t ame' `�
Nc(try Public
My Commission
8
AGO
� S Z s,
A TRANSPLANTATION PLAN FOR
LOT 3 — BLOCK 2, PAMELA VILLA
Updated by:
Katherine Caputo
April 4, 1992
Exhibit A
LOT 3 - BLOCK 2, PAMELA VILLA
The property owner, Sandra Green marked off the area to be cleared in
order to accomodate the proposed house, drive, septic, and drainfield. If
this area is cleared 20 trees with diameters at breast height of`3.5" or
greater will be removed. It will also be necessary to removed one mahogany
tree, a threatened species, which has a diameter at breast height of
The trees to be removed are as follows:
3 Jamaica dogwood trees
1 Shortleaf fig tree
4 Gumbo limbo trees
1 Mahogany tree
1 Pigeon plum tree
1 Poisonwood tree
3 Wild tamarind trees
7 Willow bustic trees
If replacement planting is necessary an off -site location will need to
be used because the lot is too heavily wooded to accomodate additional trees.
If acceptable with the state, Key Largo School is willing to serve as a
receiver site for some or all of the replacement trees.
Due to the poor survival rate for transplanted native trees with diameters
of 3.5" or greater, it is recommended that all trees except the gumbo limbos
be replaced with 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.
To prepare the site for the 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. The 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 palced 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.
The expected survival rate of nursery or field grown stock planted in this
manner and maintained as above is close to 100%.
r14 MiXE1s
f NAM5 SoiL-
When transplanting a gumbo limbo, notches should be cut in the trunk to
to promote better root mass. The notches 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 to
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 3 to I of the outer
branches should be removed to reduce watering requirciments 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 twice 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 '0" should be notched 12 - 18".
wH I TE
H[A9:rWoob CAMBIUM • ACTIVE GROWTH LAIeCK
CSNoWN THICKEK TWAN ACTUALLY IS,
�, F Y' L—a Q S 0 Qt-A)Cc , 10 C
LOT 3 - BLOCK 2, PAMELA VILLA
PaoP LENS
Palm Urive
Approximate locations of trees with a diameter at breast height of 3.5"
or greater:
1 - Wild
tamarind
5"
2 - Wild
tamarind
7"
3 - Wild
tamarind
8.75"
4 - Wild
tamarind
12"
5 - Gumbo
limbo 7.5"
6 - Wild tamarind 8.75", 9.25", 8.25", and 8.5"
7 - Mahogany 5"
8 - Willow bustic 4.75"
9 - Pigeon plum 3.5"
10 - Willow bustic 5"
11 - Gumbo limbo 10"
12 - Wild tamarind 8"
13 - Jamaica dogwood 3.75" +
14 - Gumbo limbo 12.25"
15 - Shortleaf fig 9.75"
16 - Willow bustic 6.25"
17 - Willow bustic 5.75"
18 - Wild tamarind 9.75"
19 - Gumbo limbo 9.25"
20 - Pigeon plum 5"
21 - Gumbo limbo 6.51t, 4.2511, and 5.5"
22 - Gumbo limbo 8"
23 - Gumbo limbo 9"
24 - Wild tamarind 9"
25 - Wild tamarind 6"
26 - Pigeon plum 3.5"
27 - Willow bustic 5"
28 - Jamaica dogwood 5"
29 - Wild tamarind 9" and 9"
30 - Willow bustic 7.25"
31 - Poisonwood 4.75"
32 - Mahogany .5"
33 - Willow bustic 4.5" ,
34 - Willow bustic 4.25"
35 - Willow bustic 3.5"
36 - Willow bustic 5.25"
37 - Willow bustic 5.25" and 6" - ONE TREE, SPUr TRUNK
38 - Jamaica dogwood 3.75"
39 - Jamaica dogwood 5.5"
40 - Wild tamarind 9.75"
41 - Jamaica dogwood -3.5"
42 - Willow bustic 8.25"
3 - Willow bustic 5"
44 - Jamaica dogwood 7"
45 - Wild tamarind 9.75"
46 - Jamaica dogwood 3.5"
47 - Satinleaf 3.75"
48 - Satinleaf 2.75"
49 - Satinleaf 1.75"
50 - Satinleaf Separate trees i", 1", and .75"
51 - Satinleaf Separate trees 2", 1", 1.5", and 1.25"
52 - Jamaica dogwood 5.5"
-53 - Willow bustic 5.25" and 6.25" - oNE TREE, SPIT TRUNK
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