Resolution 160-1998
County Attorney
RESOLUTION NO. 160 -1998
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, EVIDENCING THE BOARD'S APPROVAL, SUBJECT TO CERTAIN SPECIFIED
REVISIONS, OF A RECOMMENDED ORDER OF DETERMINATION OF VESTED RIGHTS
PROMULGATED BY THE VESTED RIGHTS HEARING OFFICER, IN RE: THE
APPLICATION OF CARDINAL INVESTMENT COMPANY, INC.
WHEREAS, on January 4, 1996, the Monroe County Year 2010 Comprehensive Plan
became effective; and
WHEREAS, development applications "in the pipeline" as of January 4, 1996 are subject
to a determination of vested rights pursuant to Policy 101.18.1 of the Plan; and
WHEREAS, a hearing on the application of Cardinal Investment Company, Inc.. for
determination of vested rights was scheduled before the County's Vested Rights Hearing
Officer, Mr. Randy Sadtler, Esq., but Applicant failed to appear; and
WHEREAS, pursuant to a review of the application and attached exhibits, the Hearing
Officer promulgated on March 17, 1998 an Order regarding that application for
determination of vested rights; and
WHEREAS, Paragraph 4 of the Order invites the Applicant to proceed "as an application
for vesting under Chapter 380, Florida Statutes, pursuant to Policy 101.18.2(2)(a)(2), Monroe
County Year 2010 Comprehensive Plan," but said policy does not authorize a property owner
either to circumvent the deadline set forth in Policy 101,18.1 nor does it establish an entitlement
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to a vested rights determination based solely on the recordation of a plat; no~h&f~ ~
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BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ~~E::O~TY,
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The Findings of Fact set forth in Paragraphs 1 - 3 of the Recommended Order of the
Vested Rights Hearing Officer are approved. Paragraph 4 of the Recommended Order is
disapproved, and the application is DENIED.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of the Board held on the 8th day of April, 1998.
Mayor Jack London
Commissioner Keith Douglass
Commissioner Shirley Freeman
Commissioner Wilhelmina Harvey
Commiisioner Mary Kay Reich
yes
yes
yes
ye:s
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yes
By '?u'r~JSti:I~ ~
Deputy lerk
BOARD OF COUNTY COMMISSIONERS
OF NROE COUNTY, FLORIDA
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jvrrescardinal
BEFORE THE VESTED RIGHTS
HEARING OFFICER IN AND FOR
MONROE, COUNTY FLORIDA
INRE:
THE VESTED RIGHTS APPLlCA nON OF:
Cardinal Investment Company, Inc.
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This cause came on to be heard by the Vested Rights Hearing Officer, who, after having reviewed
the application and exhibits, heard oral presentation of the Applicant and his/her attorney, if any, makes the
following findings of fact and conclusions oflaw:
FINDINGS OF FACT
1, The Applicant elected not to attend the hearing in this cause held June 5, 1997 and, accordingly,
this determination is based on a review of the application and attached exhibits;
2. The application references an exhibit referred to as a "Letter of Buildability" where County
Biologist Diana Stevenson opines that " the best use of the parcels would be to allow them to remain
undeveloped" ;
3, The remaining exhibits do not appear to constitute a County approval upon which the applicant
could rely;
4. It is the recommendation that the application be denied without prejudice to
supplement the application with additional exhibits or to proceed as an application for vesting
under chapter 380, Florida statutes, pursuant to Policy 101.18.2(2)(a)(2), Monroe County Year
2010 Comprehensive Plan.
DONE AND ORDERED at Marathon, Monroe County, Florida this d day of
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FBN 377163
Vested Rights Hearing Officer