HomeMy WebLinkAboutResolution 192-1998
County Attorney
RESOLUTION NO. 192 -1998
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, CLARIFYING THE SCOPE OF VESTED RIGHTS, 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; and
WHEREAS, by Resolution adopted at its meeting held April 8, 1998, the Board of County
Commissioners of Monroe County, Florida approved the Findings of Fact set forth in Paragraphs
1-3 and Conclusions of Law set forth in Paragraphs 4 - 6 of the Recommen~d Ord~pf ~e
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Vested Rights Hearing Officer, subject to subsequent clarification of the scop~~sti riits
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(Le. 20 clustered units notwithstanding IS land use district designation) ~.~~ reg uIciJy-
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scheduled BOCC meeting to be held in May at Key Largo; now, therefore :<:-1;: N (")
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BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF M~ROE ~U~,
FLORIDA, that the scope of Driscoll Properties, Inc.'s Vested Rights is hereby clarified by further
modifying the Conclusions of Law set forth in Paragraph 6 of the Recommended Order, as
follows:
1. Paraaraoh 6. Revise first sentence as follows:
The Applicant's request for Vested Rights for plats 17, 18, 19 (including Tract F,
which allows up to twenty (20) clustered, detached, zero lot line residential units)
shall be Granted subject to the following restrictions.
2. Paraaraoh 6(bl. Revise subparagraph as follows:
The duration of this Determination and its termination shall be as contemplated
by the Master Development Plan as previously vested, except for Tract F, which
shall be valid for only a term of ten years. Within ten years from the date of this
Resolution, the Applicant must either: apply for and be issued Certificates of
Occupancy for twenty (20) single family, detached, zero lot line homes; or apply
for and receive approval of an amended subdivision plat 19 for division of Tract F
into separate lots.
3. Paraaraoh 6(el. Revise the subparagraph as follows:
The Applicant is entitled to the construction contemplated by the Master
Development Plan, as previously vested, except for Tract F. Prior to construction of
the clustered, single family, detached, zero lot line homes in Tract F, the Applicant
must obtain development approval from the Planning Director or receive
approval from the County of an amended subdivision plat 19 for division of Tract F
into separate lots.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of the Board held on the 13th day of May, 1998.
Mayor Jack London
Commissioner Keith Douglass
/,~-~Cornmissioner Shirley Freeman
/;.."~~::'-: .-:~ c. bmmissioner Wilhelmina Harvey
1i.l;;.:'.~_~fA ~'Commissioner Mary Kay Reich
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\ Attest: DANNY L. KOLHAGE, Clerk
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BOARD OF COUNTY COMMISSIONERS
OF MONR COUNTY, FLORIDA
By QJp4)~~
Dep y CI
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