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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. ', // Y Dat �- 2.- N-9l 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: Wounty--14=rneyls O fi e 8 rU Q W s I, I War 1 � ■ a � o rs s •o ora� � fv t �0 a w ig O� i � • <f0 Qel f t I r G - z F r+ f, .z r r � L S � � /J 1 0 71 LP � C51 'M 'p' %A rt � t_ r v} f �1 � J � c V, r' i• �I ,E 1 �i i I � i PL--Z Ar- 511 Ir _ i V - I E CIE I i • f' f Cr 1 'M 1, � - - ----- - -- -- _ �- -LSD 6►0 r 60c> El k Aj -15 L7" <41 t-A 45 4 0 a Al 71 'o 61 2 • 0 it A' M41 A C6 01.4 C x -V bi Aj x Aj LA C3 o r a (31 I re I& A it fl 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