HomeMy WebLinkAboutStipulated Final JudgmentCITY OF SEBASTIAN, a Florida
municipal corporation,
Plaintiff,
vs.
CITY OF FELLSMERE, a Florida
municipal corporation,
Defendant.
IN THE CIRCUIT COURT OF THE
NINETEENTH JUDICIAL CIRCUIT IN AND
FOR INDIAN RIVER COUNTY, FLORIDA
STIPULATED FINAL JUDGMENT
CASE NO. 2007- 0885CA19
COMES NOW the Plaintiff CITY OF SEBASTIAN (hereinafter called "Sebastian
and Defendant CITY OF FELLSMERE, (hereinafter called "Fellsmere by and through their
undersigned counsel, and hereby stipulate to entry of Final Judgment in this cause in accordance
with the following terms and conditions:
1. The Parties have determined that, without admitting the validity of any of the
allegations or defenses asserted in this cause, it is in the best interests of both parties to amicably
resolve this lawsuit as set forth herein.
2. Fellsmere agrees to add an agricultural land use classification to its
Comprehensive Plan and create an agricultural zoning classification comparable to the
existing agricultural classification for unincorporated Indian River County.
3. Sebastian agrees to add an agricultural land use classification to its
Comprehensive Plan and create an agricultural zoning classification comparable to the
existing agricultural classification for unincorporated Indian River County.
4. Each party agrees to separately transmit to the Department of Community Affairs a
Comprehensive Plan Amendment in furtherance of paragraphs 2 and 3 above within twelve (12)
months from the date of entry of the Stipulated Final Judgment herein, and diligently pursue the
Amendment and creation of an agricultural zoning classification through to adoption. Prior to
transmittal of said Amendment, neither party shall transmit a Land Use Map Amendment
assigning an initial land use classification for lands having an interim land use category pursuant
to Fla. Stat 171.062(2). However, a Land Use Map Amendment for lands having an interim
land use classification pursuant to Fla. Stat. 171.062(2) may be transmitted simultaneously
with the Amendment required in paragraphs 2 and 3 above.
5. Subject to the terms of paragraph 7 below, Fellsmere agrees to limit the
allowable gross density to two (2) units per acre calculated over the gross acreage as provided for
in the Annexation Agreements for the following properties annexed into the City of Fellsmere:
RO -ED, CORP. and RONALD M. ANSIN
FELLSMERE EAST, LLC
BERNARD A. EGAN GROVES, INC.
FELLSMERE JOINT VENTURE, LLP
6. Subject to the terms of paragraph 7 below, Fellsmere agrees to limit the
allowable gross density to three (3) units per acre calculated over the gross acreage as provided in
the Annexation Agreement for the annexed Ro -Ed, Corp.'s 300 acres.
7. Notwithstanding, the density restrictions set forth in paragraphs 5 and 6 above,
Fellsmere shall be entitled to participate in an Indian River County Transfer of Development
Rights (TDR) program to increase the residential density of the properties that are the subject of
this Stipulated Final Judgment.
8. In the event Ro -Ed Corp buys its way out of the requirement set forth in the Annexation
Agreements to dedicate to Fellsmere by statutory Warranty Deed ten percent (10 of the gross
acreage at either the 300 acre site or 2,592 acre site both East 1 -95, Fellsmere agrees to spend
thirty -five percent (35 of the money received for recreational purposes East of 1 -95 to address
the impacts of population growth in those parcels within a reasonable time.
9. The parties agree to advocate for and support the inclusion in the Interlocal Service
Boundary Agreement being drafted in accordance with Chapter 171, Part II, Florida Statutes as
initiated by Fellsmere Resolution No. 07 -H, of a height limitation within the Annexed Lands
described in paragraphs 5 and 6 for residential structures of a maximum of 35 feet, plus 15 feet
for architectural embellishments as well as a height limitation for non residential structures of a
maximum of 65 feet, plus 15 feet for architectural embellishments, and inclusion of the density
limitations set forth in said Paragraphs 5 and 6.
10. Each party shall be responsible for payment of its own court costs and attorneys fees.
11. Without limitation to any other right provided by law, Sebastian hereby retains its legal
rights to raise challenges pursuant to Chapter 163, Florida Statutes such as administrative or
consistency challenges as to future land use or zoning changes involving these annexed lands.
AGREED to this 1 day of March, 2008.
i
1 rren Dill, Es
Attorney for Defendant
1565 US Highway 1
Sebastian, Florida 32958
Phone: (772) 589 -1212
FL B.r #146522
Jo R. Herin, Jr., Esqui
Co Cou sel for Defendant
150 st Flagler Street, Suite 2200
Miami, Florida 33130
Phone: (305) 789 -3427
FL Bar #907928
Copies provided attorneys for the parties this
Rich Stringer, City Attorn
Attorney for Plaintiff
1225 Main Street
Sebastian, Florida 32958
Phone: (772) 388 -8201
FL Bar #731277
FINAL JUDGMENT
THIS CAUSE came before the Court upon the Stipulation of the parties set forth above,
and upon due consideration thereof, it is hereby ADJUDGED
1. That the stipulated terms and conditions set forth above are hereby
adopted as the Judgment of the Court.
2. That jurisdiction is retained for enforcement of the provis
ORDERED in Vero Beach, Florida this day of March, 2008.
Richard M. Carnell, Jr., Esquire
Counsel for Intervenor
Fort Pierce, Florida 34946
Phone: (772) 489 -7275
FL Bar #615773
Robert A. Hawley, Circuit Ju
day of 2008.
Judicial A
sistant /Clerk
r
SIGNED AND DATED
APR 1 1 2008
JUDGE ROBERTA. HAWLEY
g