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Resolution 163-1998 RESOLUTION NO.16 3 -1998 County Attorney A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, EVIDENCING THE BOARD'S APPROVAL OF A RECOMMENDED ORDER OF DETERMINATION OF VESTED RIGHTS PROMULGATED BY THE VESTED RIGHTS HEARING OFFICER, IN RE: THE APPLICATION OF DRISCOLL PROPERTIES, 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 Driscoll Properties. Inc. for determination of vested rights was held before the County's Vested Rights Hearing Officer. Mr. Randy Sadtler. Esq.; and WHEREAS. pursuant to a review of the application and attached exhibits. the Hearing Officer promulgated on February 19. 1998 an Order regarding that application for determination of vested rights; now therefore BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIDA The Findings of Fact set forth in Paragraphs 1-3 and Conclusions of Law set forth in Paragraphs 4 - 6 of the Recommended Order of the Vested Rights Hearing Officer are APPROVED. subject to subsequent clarification of the scope of vested rights (i.e. 20 clustered units notwithstanding IS land use district designation) at the regularly-scheduled BOCC meeting to be held in May at Key Largo. 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. Moyor Jack London ,~Qmm~sS~9ner Ke.ith Douglass O~'YommIS~I.~, ", er Shirley Freeman ,~f1'i~ommi~~~G. ',' er Wilhelmina Harvey ~ \";,: ,', 'Commissl9J.er Mary Kay Reich '. '-1 ( ,ALl . / Att~'St: DANNY L. KOLHAGE. Clerk BY\?~~'~ ~ Dep 'lCle CS ~ C 0 :e p :o_~ C''',. - .--r-:r: .'.~-< ~ 2:Ia, ;a '""1 - ,... ,." o ..." o :::0 .:0 ,.." n o vrresdriscoll BEFORE THE VESTED RIGHTS HEARING OFFICER IN AND FOR MONROE, COUNTY FLORIDA IN RE: THE VESTED RIGHTS APPLICATION OF: Driscoll Properties, Inc. / 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 hislher attorney, ifany, makes the following fmdings of fact and conclusions of law: FINDINGS OF FACT 1, The Applicant has taken the following actions to obtain approval for the development sought: a, On August 25, 1977, the Zoning Board of Monroe County, approved a master plan for the future development of the Ocean Reef Club. b, In 1988, Ocean Reef Club applied for a positive determination of vested rights m accordance with sections 9.5-181 through 9.5-184 of the Monroe County Land Development Regulations in effect as of September 15, 1986, to complete the remaining development contemplated by the master plan, c, Based on the evidence submitted the Hearing Officer concluded that Ocean Reef Club satisfied the criteria for vested rights, and that the acreage shown on the master development plan should be vested "by use and density categories in existence, prior to September 15, 1986." The Findings of Fact, Conclusions of Law and Order of the Hearing Officer, as amended, were adopted by the Monroe County Board of County Commissioners by Resolution 539-1988 and Resolution 478-1988, and are incorporated herein by reference, d, Without restating the entire order, the Hearing Officer based his decision on the fact that Ocean Reef Club was a small city; (Joint Stipulation, paragraph 4); the initial approval contemplated that the Ocean Reef Club would be developed in phases, (Finding 3.A); and, that from 1977 to 1986, Ocean Reef spent at least $14 million dollars related to the development of the complex including the construction of roadways, water main extensions, utilities, an airport, medical facility, firehouse, and 24 hour security force, (Finding 3.B,), e, Januat)' 5, 1996, the Monroe County Year 2010 Comprehensive Plan became effective and implemented a requirement that all residential construction on lots which have native vegetation would be subject to a five (5) foot "construction zone"; f Application of the "construction zone" to homes built in these subdivisions would result in a 15 percent reduction in size compared to existing homes in the same subdivision; g, The reduction in building area of the new homes would result in homes which are out of scale with existing homes and inconsistent with the design standards of existing homes and as originally designed in 1977 and as approved in 1989 and as vested by the Board of County Commissioner by resolutions 478-1988 and 539-1988; h, The continuation of development sought by the applicant is pursuant to the Master Development Plan for Ocean Reef Club, North Key Largo, Florida which has previously been granted vested rights under the Comprehensive Plan of 1986as set forth above and The Monroe County Year 2010 Comprehensive Plan by order dated February 4, 1997 and adopted by the Boasrd of county commissioners, by resolution 070- I 997 dated February 19, 1997; i, December 17, 1988, the Florida Department of Environmental Regulation issued permit CS44-158481 for a WasteWater Collection System at Harbor Course South, Ocean Reef Club, North Key Largo, Florida; j, December 30, 1988, Ocean Reef Club Utility informed Monroe County that Ocean ReefUtility Company would pennit Driscoll Properties, IDc, to connect the sewage collection system to the Ocean Reef Club sewage treatment system, subject to approval; k. January 3, 1989, Donald Craig, Assistant County Administrator, on behalf of Monroe County and Brad Dressler, Agent for Driscoll Properties, IDc, executed a letter agreement which allowed for site preparation subject to fmal approval of subdivision plats; l. January 19, 1989, Driscoll Properties, IDc, was permit 89-3-99 for land clearing and fill of the subject property; m. February 14, 1989, Driscoll Properties, Inc. was issued permit # 89-3-274 for the installation of water lines, sewer lines, electric service and paving of the subdivision; n. March 7, 1989, the Florida Keys Aqueduct Authority issued pennit # 1240-89 for the water pipeline installation; o. March 22, 1989 the Florida Keys Electric Cooperative approved plans for the underground electrical system installation; p, April 27, 1989, Pat McNeese and Ty Symroski drafted a memorandum to the Monroe County Planning Commission recommending approval of the amended plats for the subject property; q, April 27, 1989, resolutions 02-89, 03-89 and 04-89 of the Monroe County Planning Commission approved the amended final plats for plat 17, 18 and 19 respectively with fmal plat approval by the Monroe County Board of County Commissioners June 27, 1989; 2, The Applicant has been diligent and acting in good faith in pursuing the development sought and has substantially changed it's position by continuing to expend a substantial sum in the development of the subdivisions; 3. The development (application process) has commenced and has continued in good faith without interruption, CONCLUSIONS OF LAW 4, Items 1 a, d, e, II, i and q above constitute approvals upon which the Applicant could justifiably rely, Monroe County Year 2010 Comprehensive Plan, Policy 101.18,2 (1) 5, It would be highly inequitable or unjust to affect the rights of the Applicant by requiring the Applicant to conform with the Plan, Monroe County Year 2010 Comprehensive Plan, Policy 101,18.2 (2)(b). 6. It is the recommendation that the Applicant's request for Vested Rights for plats 17, 18, 19( including tract F) be Granted subject to the following restrictions: a, The geographic scope of this Determination is limited to the scope relative to the total area of the development site as contemplated by the Master Development Plan as vested pursuant to Resolutions 539-1988 and 478-1988 and the Amended Final Plat as approved in resolutions 01-89, 03-89 and 04-89 by the Monroe County Board of County Commissioners; b. The duration of this Determination and its termination shall be as contemplated the Master Development Plan as previously vested; c. The substantive scope of this Determination shall be as contemplated by the Master Development Plan as previously vested; d. By virtue of this determination, the Applicant is entitled to development as contemplated by the Master Development Plan as previously vested; Monroe County Year 2010 Comprehensive Plan. e, The Applicant is entitled to the construction contemplated by the Master Development Plan, as previously vested DONE AND ORDERED at Marathon, Monroe County, Florida this ~ of ~/ ,1998.