Resolution 063-1991Planning Department
RESOLUTION NO. 063-1991
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AUTHORIZING THE MAYOR
TO EXECUTE, ON BEHALF OF MONROE COUNTY,
FLORIDA, AN AGREEMENT BETWEEN THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS, MONROE
COUNTY AND JAMES MOORE AND FOUR STAR
BUILDERS CONCERNING LOTS 6 THROUGH 11,
BLOCK 17, SANDS SUBDIVISION, BIG PINE KEY
FLORIDA, APPROXIMATE MILE MARKER 31.
WHEREAS, on February 28, 1990, the Monroe County Building
Department issued building permit No. 89100002544,to James Moore
for the construction of a warehouse on Lots 7 through 10, Block
17, Sands Subdivision, Big Pine Key, Florida; and
WHEREAS, The Florida Department of Community Affairs filed a
Notice of Appeal from the issuance of Monroe County Building
Permit No. 89100002544; and
WHEREAS, James Moore, in an effort to cure the deficiencies
alleged in the appeal petition, submitted revisions to permit No.
89100002544, those revisions added Lots 6 and 11 of Block 17,
Sands Subdivision and also repositioned the building on the lots;
and
WHEREAS, Four Star Builders is the contractor of record for
the project; and
WHEREAS, the Florida Department of Community Affairs ap-
pealed both the revised building permit for the warehouse
(#89100002544) and land clearing permit (#90100001777); and
WHEREAS, the Florida Department of Community Affairs and
James Moore and Four Star Builders desire to amicably settle and
resolve the foregoing dispute by agreement. The agreement set-
tles James Moore's right to complete the approved development
plans for Lots 6 through 11, Block 17, Sands Subdivision; and
MOORE SETTLEMENT ACRFFMFNT
WHEREAS, the Florida Department of Community Affairs and
James Moore and Four Star Builders also desire to add the follow-
ing conditions and modifications to Monroe County Building Per-
mits No. 90100001777 and No. 89100002544:
1. The owner shall maintain 60% of the property in open space;
2. All threatened and endangered plants that will be removed due
to construction, shall be transplanted on the project site by a
licensed landscape nursery between July 1, 1991 and July 31, 1991;
3. Prior to land clearing, the owner shall provide a relocation
plan for all threatened and endangered plants. The plan shall be
approved by the Florida Department of Community Affairs field
office.
4. The owner shall submit to the Florida Department of Community
Affairs the method of transplantation and the likelihood of suc-
cess of transplantation, both in narrative form;
5. Eighty per cent of the transplanted plants shall survive for
one year. Dead plants shall be replaced;
6. The owner shall document the location of all threatened and
endangered plants that have been transplanted off -site and shall
replace those that cannot be documented;
7. The owner shall notify the Monroe County Growth Management
Division and the Florida Department of Community Affairs in the
event the building is put to a commercial use or is sold; and
WHEREAS, the staff report by Robert Herman, Director of
Growth Management, and Lorenzo Aghemo, Director of Planning,
found that the agreement between the Florida Department of Commu-
nity Affairs and James Moore and Four Star Builders complies with
the Monroe County Land Development Regulations; and
WHEREAS, the Director of Growth Management, the Director of
Planning and the planning staff consider the agreement to be in
the interests of public health, safety and welfare; and
Resolution #
MOORS SETTLEMENT-A(-PPEMENT
WHEREAS, therefore, the staff report by Robert Herman,
Director of Growth Management, and 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 Communi-
ty Affairs, James Moore and. Four Star Builders;
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 Growth Manage-
ment, the Director of Planning and the planning staff that
the execution of this agreement would be in the best interests of
the citizens of Monroe County and we hereby approve and adopt the
agreement between the Florida Department of Community Affairs and
James Moore and Four Star Builders; and
That the Mayor is hereby authorized to execute the agree-
ment between the Florida Department of Community Affairs, Monroe
County, James Moore and Four Star Builders, 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 executed copies of the agreement to the Department of
Community Affairs.
Resolution #
MOORE SETTLFMP-W AGREEMENT
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the ,ZA day of A.D., 1991.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor/Chairman
(SEAL)
Attest: DANNy L. 19:0LHAGE, Clerk
C
rk
APPP') ,i l'N
4aLE�orrney't
urnca
Resolution #
I
SETTLEMENT AGREEMENT
This Agreement is made and entered into by and between the
C
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (herein "DCA"), JAME:
MOORE, FOUR STAR BUILDERS, and MONROE COUNTY, FLORIDA. p
vo
W I T N E S S E T H:
WHEREAS, pursuant to the provisions of Chapter 380, Tid C'
1 �C
Statutes, the DEPARTMENT OF COMMUNITY AFFAIRS is the state *nd Wp
planning agency with the duty and responsibility of the general
supervision and enforcement of the provisions of Chapter 380 and
the rules and regulations promulgated thereunder, which include
regulations relating to the Florida Keys Area of Critical State
Concern; and
WHEREAS, under 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 Chapter 380, Florida
Statutes, and the rules and regulations promulgated thereunder;
and this Agreement is within the scope of such authority; and
WHEREAS, on February 28, 1990, Monroe County issued to JAMES
r,
-- MOORE, Owner, and FOUR STAR BUILDERS, General Contractor,
Building Permits No. 8910002544 (Commercial), No. 8910002544
(Fill), and No. 8910002365 (Land Clearing) for development of a
5,000 sq. ft. storage building or warehouse on four (4)
contiguous lots on Big Pine Key, Monroe County, Florida, in the
Florida Keys Area of Critical State Concern; and
WHEREAS, DCA timely appealed the permits to the Florida Land
and Water Adjudicatory Commission pursuant to Section 380.07,
Florida Statutes, and the matter is now pending before the
Commission (FLWAC Case No. 90-020) and the Division of
Administrative Hearings (DOAH Case No. 90-3865); and
WHEREAS, in an effort to cure the deficiencies alleged in
C,
DCA's petition for appeal, JAMES-W. MOORE revised his development
plans to add two (2) additional lots to his site plan and
reposition the proposed structure on the site; and
WHEREAS, JAMES W. MOORE sought from Monroe County revised
permits for the proposed development, including land clearing
permits for the two (2) additional lots added to the proposed
site, which permits were issued by Monroe County on October 31,
1990, as Revised Building Permit No. 8910002544 (commercial
(warehouse)) and Building Permit No. 9010001777 (land clearing on
the additional two lots); and
WHEREAS, DCA timely appealed the revised building permit and
the new land clearing permit to the Florida Land and Water
Adjudicatory Commission (FLWAC Case No. 90-049); and
C.
WHEREAS, DCA, JAMES-W. MOORE, and FOUR STAR BUILDERS desire
to amicably resolve their disagreement regarding the above -
mentioned permits without further expense or delay, and it is in
their best interests to'do so; and
WHEREAS, MONROE COUNTY joins in this Agreement to assist the
parties in implementing and enforcing same.
NOW, THEREFORE, in consideration of the mutual undertakings
contained herein, and in consideration of the benefits to accrue
to the parties, the receipt and sufficiency of which are hereby
E
acknowledged, it is agreed as follows:
1. Representations. The above representations are hereby
incorporated by reference and acknowledged to be true and
correct.
2. Project and Project Site. The project to be permitted
is a 5,000 sq. ft. warehouse and associated parking and access
facilities ("the Project"), to be located on Lots 6 through 11,
Block 17, Sands Subdivision, Big Pine Key, Florida ("Project
Site").
3. Site Plan. The Project which is authorized under this
Agreement is depicted on that certain revised site plan bearing
notation "Parking Revision 12/20/9011, a copy of which is attached
hereto as Exhibit A and made a part hereof.
4. Land Use District. DCA acknowledges that the Project
Site is located in a Suburban Commercial land use district, as
reflected in a boundary determination made by Monroe County dated
October 12, 1988, and that a warehouse, an industrial use, may
be allowed in such district.
5. Habitat/Transplantation.
a. Habitat. Owner agrees that the habitat on the
Project Site is low quality pinelands, as reflected on the
revised habitat evaluation index submitted by the Owner.
b. Open Space. Owner shall maintain 60% open space on
the Project Site, as reflected on the attached site plan.
C. Transplantation. The threatened and endangered
plant species which remain on the Project Site, and the plants
3
which have been transplanted off site, are identified on a
notation labeled "Transplantation Plan prepared by Bayshore
Landscape Nurseries 1-15-91" on the site plan attached hereto.
Owner shall comply with the following conditions:
(1) Prior to construction, the threatened and
endangered plants which are removed for purposes of construction
of the warehouse and associated parking and access facilities
shall be identified, and shall be transplanted on the Project
Site by a licensed professional landscape nursery at the time of
land clearing. Transplantation shall commence no later than July
1, 1991, and shall be completed no later than July 31, 1991.
(2) Prior to land clearing and transplantation,
Owner shall provide to the Department's Field Office and to the
County staff a drawing showing the proposed relocation sites for
the threatened and endangered plants and shall obtain the
Department's approval of those locations before transplantation
begins. Owner shall at that time provide the Department and the
County with a written narrative setting forth the transplantation
method to be employed and a written narrative of the likelihood
of success of transplantation, as required by Section 9.5-344(b)
and (c), Monroe County Code (1990).
(3) Eighty percent (80%) of the plants which are
transplanted under this section shall survive for one year after
the last replanting. Dead or dying trees should be replaced
during the initial one-year period. In the event any
transplanted trees fail to survive, they shall be replaced.
4
Canopy species replaced shall be a minimum of four (4) feet in
height and understory species shall be a minimum of two (2) feet
in height.
(4) Owner represents that forty-nine (49)
threatened and endangered plants have been transplanted off site.
Owner shall provide to the Department's Field Office and to
County staff a site plan showing the location of the transplanted
species and the narrative description of transplantation as
required by Section 9.5-344(b) and (c), Monroe County Code
(1990). Any plants for which this documentation is not made
available shall be replaced by Owner at the minimum heights
described in subparagraph (3) above and planted on the Project
Site and shall be part of the transplantation conditions
contained in this Agreement.
(5) Owner shall notify the Department of
Community Affairs Field Office in Key West and County staff in
writing when transplantation has been completed so that the
Department and the County may inspect the Project Site for
compliance with the terms of this Agreement.
(6) Certificate of Occupancy. A certificate of
occupancy for the Project shall not be issued until
transplantation as required in this Agreement is completed and
approved by both the Department of Community Affairs and the
Monroe County Growth Management Division.
6. Change in Intensity of Use. Owner represents that the
warehouse shall be utilized by him for noncommercial purposes.
5
owner. shall notify the Department of Community Affairs and the
Monroe County Growth Management Division in writing prior to the
time the Project is put into commercial use or sold to a
subsequent owner. Use of the warehouse for any commercial
purpose shall be deemed to constitute a change in intensity of
use for which notice and minor conditional use review under
Section 9.5-611, et seq., Monroe County Code (1990), are required.
7. Drainage. The Department acknowledges that the redesign
of the Project Site as reflected in the attached Site Plan cures
the Department's concerns regarding drainage which were raised in
the initial appeal petition (FLWAC Case No. 90-020). Owner shall
comply with the provisions of the Monroe County land development
regulations requiring that drainage be retained on site.
8. Other requirements. Owner shall comply with all other
applicable provisions of the Monroe County land development
regulations.
9. Resolution of Appeals. In consideration of these mutual
covenants, DCA agrees to promptly file with the Florida Land and
Water Adjudicatory Commission a motion requesting the Commission
to approve the parties' settlement and grant development approval
according to the terms bf this Agreement.
10. Effective Date. This Agreement becomes effective and
binding on the parties upon entry of an order by the Florida Land
and Water Adjudicatory Commission approving this Agreement and
granting development approval.
11. Amendments. No amendment or change in any respect
6
whatsoever shall be effective unless made in writing and signed
by the County, the Department and the Owner.
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Date
Date
Approved as to legal
form and sufficiency.
eneral C unselO Office
J ". �D -
J17 g;� MOORE
FOUR STAR BUILDERS
FLORIDA DEPARTMENT OF CO NITY
AFFAIRS
By
7
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
/2 _9f By
Date Mayor
(SEAL)
Attest: DANNY H. KOLHAGE, CLERK
By G?�
Deputy Clefk
Approved as to legal form
and sufficiency:
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STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF COMMUNITY AFFAIRS,
Petitioner,
DOAH CASE NO. 90-3865
V. DOAH CASE NO. 91-1085
(Consolidated)
JAMES E. MOORE, FOUR STAR
BUILDERS, and MONROE COUNTY,
Respondents.
MOTION FOR ORDER APPROVING SETTLEMENT
AND RELINQUISHING JURISDICTION
Petitioner FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, by
counsel, moves the Hearing Officer for an order approving the
parties' Settlement Agreement and relinquishing jurisdiction to the
Florida Land and Water Adjudicatory Commission, and for entry of a
recommended order consistent therewith, and as grounds therefor
says:
1. Since the filing of the subject permit appeals, the
parties have negotiated and entered into a Settlement Agreement
which is attached hereto and filed herewith. The Settlement
Agreement resolves all disputed issues of fact and law between the
parties and, if approved, eliminates the need for a formal
evidentiary hearing or any further proceedings in these appeals.
2 The Settlement Agreement is in the best interests of the
parties and is consistent with the Monroe County land development
regulations.
3. Under Rule 22I-6.033, F.A.C., the Hearing Officer may
relinquish jurisdiction to the Land and Water Adjudicatory
Commission when a factual dispute no longer exists.
WHEREFORE, the DEPARTMENT respectfully moves for an order or
orders approving the parties' Settlement Agreement and
relinquishing jurisdiction of this matter to the Florida Land and
Water Adjudicatory Commission with a recommendation that the
Settlement Agreement be approved and that James W. Moore and Four
Star Builders be granted permission to develop according to the
terms of the Settlement Agreement.
erry A.' piers
Assistan eneral Counsel
G. Steven Pfeiffer, General Counsel
Department of Community Affairs
2740 Centerview Drive
Tallahassee, FL 32399-2100
(904) 488-0410
CERTIFICATE OF SERVICE
I hereby certify that true copies of the foregoing Motion were
furnished to Michael Halpern, Esquire, 209 Duval Street, Key West,
FL 33040, and to Randy Ludacer, Monroe County Attorney, 310 Fleming
Street, Key West, FL 33040, by U. S. Mail, this day of April,
1991.
Sherry A. $ iers
SETTLEMENT AGREEMENT
This Agreement is made and entered into by and between the
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (herein "DCA"), JAMES-W
MOORE, FOUR STAR BUILDERS, and MONROE COUNTY, FLORIDA.
W I T N E S S E T H•
WHEREAS, pursuant to*the provisions of Chapter 380, Florida
Statutes, the DEPARTMENT OF COMMUNITY AFFAIRS is the state land
planning agency with the duty and responsibility of the general
supervision and enforcement of the provisions of Chapter 380 and
the rules and regulations promulgated thereunder, which include
regulations relating to the Florida Keys Area of Critical State
Concern; and
WHEREAS, under 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 Chapter 380, Florida
Statutes, and the rules and regulations promulgated thereunder;
and this Agreement is within the scope of such authority; and
WHEREAS, on February 28, 1990, Monroe County issued to JAMES
-- MOORE, Owner, and FOUR STAR BUILDERS, General Contractor,
Building Permits No. 8910002544 (Commercial), No. 8910002544
(Fill), and No. 8910002365 (Land Clearing) for development of a
5,000 sq. ft. storage building or warehouse on four (4)
contiguous lots on Big Pine Key, Monroe County, Florida, in the
Florida Keys Area of Critical State Concern; and
WHEREAS, DCA timely appealed the permits to the Flbrida Land
and Water Adjudicatory Commission pursuant to Section 380.07,
Florida Statutes, and the matter is now pending before the
Commission (FLWAC Case No. 90-020) and the Division of
Administrative Hearings (DOAH Case No. 90-3865); and
WHEREAS, in an effort to cure the deficiencies alleged in
c�
DCA's petition for appeal, JAMES W. MOORE revised his development
plans to add two (2) additional lots to his site plan and
reposition the proposed structure on the site; and
WHEREAS, JAMES W. MOORE sought from Monroe County revised
permits for the proposed development, including land clearing
permits for the two (2) additional lots added to the proposed
site, which permits were issued by Monroe County on October 31,
1990, as Revised Building Permit No. 8910002544 (commercial
(warehouse)) and Building Permit No. 9010001777 (land clearing on
the additional two lots); and
WHEREAS, DCA timely appealed the revised building permit and
the new land clearing permit to the Florida Land and Water
Adjudicatory,Commission (FLWAC Case No. 90-049); and
C.
WHEREAS, DCA, JAMES-W.. MOORE, and FOUR STAR BUILDERS desire
to amicably resolve their disagreement regarding the above -
mentioned permits without further expense or delay, and it is in
their best interests to'do so; and
WHEREAS, MONROE COUNTY joins in this Agreement to assist the
parties in implementing and enforcing same.
NOW, THEREFORE, in consideration of the mutual undertakings
contained herein, and in consideration of the benefits to accrue
to the parties, the receipt and sufficiency of which are hereby
F
acknowledged, it is agreed as follows:
1. Representations. The above representations are hereby
incorporated by reference and acknowledged to be true and
correct.
2. Project and Project Site. The project to be permitted
is a 5,000 sq. ft. warehouse and associated parking and access
facilities ("the Project"), to be located on Lots 6 through 11,
Block 17, Sands Subdivision, Big Pine Key, Florida ("Project
Site").
3. Site Plan. The Project which is authorized under this
Agreement is depicted on that certain revised site plan bearing
notation "Parking Revision 12/20/9011, a copy of which is attached
hereto as Exhibit A and made a part hereof.
4. Land Use District. DCA acknowledges that the Project
Site is located in a Suburban Commercial land use district, as
reflected in a boundary determination made by Monroe County dated
October 12, 1988, and that a warehouse, an industrial use, may
be allowed in such district.
5. Habitat/Transplantation.
a. Habitat. Owner agrees that the habitat on the
Project Site is low quality pinelands, as reflected on the
revised habitat evaluation index submitted by the Owner.
b. Open Space. Owner shall maintain 60% open space on
the Project Site, as reflected on the attached site plan.
C. Transplantation•. The threatened and endangered
plant species which remain on the Project Site, and the plants
3
which have been transplanted off site, are identified on a
notation labeled "Transplantation Plan prepared by Bayshore
Landscape Nurseries 1-15-91" on the site plan attached hereto.
Owner shall comply with the following conditions:
(1) Prior to construction, the threatened and
endangered plants which are removed for purposes of construction
of the warehouse and associated parking and access facilities
shall be identified, and shall be transplanted on the Project
Site by a licensed professional landscape nursery at the time of
land clearing. Transplantation shall commence no later than July
1, 1991, and shall be completed no later than July 31, 1991.
(2) Prior to land clearing and transplantation,
Owner shall provide to the Department's Field Office and to the
County staff a drawing showing the proposed relocation sites for
the threatened and endangered plants and shall obtain the
Department's approval of those locations before transplantation
begins. Owner shall at that time provide the Department and the
County with a written narrative setting forth the transplantation
method to be employed and a written narrative of the likelihood
of success of transplantation, as required by Section 9.5-344(b)
and (c), Monroe County Code (1990).
(3) Eighty percent (80%) of the plants which are
transplanted under this section shall survive for one year after
the last replanting. Dead or dying trees should be replaced
during the initial one-year period. In the event any
transplanted trees fail to survive, they shall be replaced.
4
Canopy species replaced shall be a minimum of four (4) feet in
height and understory species shall be a minimum of two (2) feet
in height.
(4) Owner represents that forty-nine (49)
threatened and endangered plants have been transplanted off site.
Owner shall provide to the Department's Field Office and to
County staff a site plan showing the location of the transplanted
species and.the narrative description of transplantation as
required by Section 9.5-344(b) and (c), Monroe County Code
(1990). Any plants for which this documentation is not made
available shall be replaced by Owner at the minimum heights
described in subparagraph (3) above and planted on the Project
Site and shall be part of the transplantation conditions
contained in this Agreement.
(5) Owner shall notify the Department of
Community Affairs Field Office in Key West and County staff in
writing when transplantation has been completed so that the
Department and the County may inspect the Project Site for
compliance with the terms of this Agreement.
(6) Certificate of Occupancy. A certificate of
occupancy for the Project shall not be issued until
transplantation as required in this Agreement is completed and
approved by both the Department of Community Affairs and the
Monroe County Growth Management Division.
6. Change in Intensity of Use. Owner represents that the
warehouse shall be utilized by him for noncommercial purposes.
5
Owner shall notify the Department of Community Affairs and the
Monroe County Growth Management Division in writing prior to the
time the Project is put into commercial use or sold to a
subsequent owner. Use of the warehouse for any commercial
purpose shall be deemed to constitute a change in intensity of
use for which notice and minor conditional use review under
Section 9.5-61, et seq., Monroe County Code (1990), are required.
7. Drainage. The Department acknowledges that the redesign
of the Project Site as reflected in the attached Site Plan cures
the Department's concerns regarding drainage which were raised in
the initial appeal petition (FLWAC Case No. 90-020). Owner shall
comply with the provisions of the Monroe County land development
regulations requiring that drainage be retained on site.
8. Other requirements. Owner shall comply with all other
applicable provisions of the Monroe County land development
regulations.
9. Resolution of Appeals. In consideration of these mutual
covenants, DCA agrees to promptly file with the Florida Land and
Water Adjudicatory Commission a motion requesting the Commission
to approve the parties' settlement and grant development approval
according to the terms bf this Agreement.
10. Effective Date. This Agreement becomes effective and
binding on the parties upon entry of an order by the Florida Land
and Water Adjudicatory Commission approving this Agreement and
granting development approval.
11. Amendments. No amendment or change in any respect
6
whatsoever shall be effective unless made in writing and signed
by the County, the Department and the Owner.
X7,,'
Date'
;Z- /'Y/-`//
Date
Date
Approved as to legal
form and sufficiency.
eneral C unsellif Office
4- A/
J
J S 4f. MOORE
FOUR STAR BUILDERS
� c4,
FLORIDA DEPARTMENT OF CO NITY
AFFAIRS
By •
7
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By ,
Date ^' Mayor
(SEAL)
Attest: DANNY H. KOLHAGE, CLERK
By
eputy le
Approved as to legal form
and sufficiency:
`County Attorney's Offi e
8