Resolution 171-1999
County Attorney
RESOLUTION NO. 171_1999
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY.
EVIDENCING THE BOARD'S APPROVAL OF A RECOMMENDED VESTED RIGHTS
DETERMINATION PROMULGATED BY THE VESTED RIGHTS HEARING OFFICER. IN RE: THE
APPLICATION OF JUDI'S PLACE. INC. AND WHITE HERON ESTATES, 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, the matter of Judi's Place, Inc. and White Heron Estates, Inc. for determination of
vested rights was heard by Vested Rights Hearing Officer Randolph W. Sadtler, now therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
that the Findings of Fact and Conclusions of Law are APPROVED and the Vested ~htSc9pr4.D-atjQ},
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of Judi's Place, Inc. and White Heron Estates, Inc. is accordingly, APPROVED. 2:;P:::: ~ 0
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe Co~fiori&;, ag
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regular meeting of the Board held on the 14th day of April , 1999. ~~~ ~ ~
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Mayor Wilhelmina Harvey
Commissioner Shirley Freeman
Commissioner George Neugent
Commissioner Mary Kay Reich
Com . sioner Nora Williams
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l~~~i! ;~~,~~"""."~"f,~>GE' Clerk
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By~o/~'~o:. .6Lu~
Depufi'Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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Mayor/Chairman
By
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BEFORE THE VESTED RIGHTS HEARING OFFICER
IN AND FOR MONROE COUNTY, FLORIDA
IN RE: THE VESTED RIGHTS APPLICATION OF:
JUDI'S PLACE, INC. AND WHITE HERON ESTATES. INC.
Lots 40,46,47.48,39, 39A. Tracts A, B, C, D, E, F,
North Sugarloaf Acres, Upper Sugarloaf Key.
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THIS CAUSE came on to be hard 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 finds of fact and conclusions of law:
FINDINGS OF FACT
1 . The Applicants has taken the following actions to obtain approval for the
development sought:
a. October 10, 1991, a "Letter of Buildability" was prepared by Diana Stevenson,
County Biologist. which set forth the development potential of the subject property.
b. Permit No. 931-7194 was issued May 20, 1994 for the construction of a single
family residence of 7.413 square feet. a 2214 square foot ground level slab with 2095 square
foot enclosure and a pool on Lots A through F, North Sugarloaf Acres.
c. July 23, 1992, the Applicant applied for a permit for a sewage treatment facility
from Florida Department of Health and Rehabilitative Services on Tracts A-F of the subject
property.
d. May 15, 1996, after several amendments to the application, the Florida
Department of Environmental Protection issued permit #442776515 for the construction of a
860 square foot beach area on Tracts A-F.
e. April 15, 1994, Monroe County issued building permit #9420000389 for the
excavation of 5.1 71 cubic yards of material to permit construction of 4 house pads on Tracts
A-F elevated above grade for future residential development.
f. The issuance of building permit #9420000389 was timely appealed by the
Florida Department of Community Affairs pursuant to S 380.07, Florida Statutes.
g. The Settlement Agreement dated June 24, the appeal initiated by the Florida
Department of Community Affairs was settled.
h. June. 1994, Monroe County issued revised permit #9420000389 and, November,
1994, revised permit #931-7194 based on the Settlement Agreement.
i. October 12. 1994, permit #931-6918 was issued for the removal of exotic
vegetation from Lots A through F, 39. 39A. 40, 47 and 48.
j. All infrastructure required by the development has been provided.
2. The Applicant has been diligent and acting in good faith in pursuing the permit
sought and has substantially changed its position by continuing to expend a substantial sum (in
excess of $600,000,00) since commencement of the development.
3. The development (application process) has commenced and has continued in good
faith without interruption.
CONCLUSIONS OF LAW
4. Items 1 b, d, e, g, h, and i 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.
restrictions:
The Applicant's request for Vested Rights is Granted subject to the following
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 permits set forth above.
b. The duration of this Determination and its termination shall be as contemplated
the permits set forth above.
c. The substantive scope of this Determination shall be as contemplated by the
permits as set forth above.
d. By virtue of this Determination, the Applicant is entitled to development as
contemplated by the plans as approved and subject to the Monroe County Land
Development Regulations existing January 4. 1996, however, amendments to the Monroe
County Land Development Regulations shall apply if such amendments would have applied
to the development notwithstanding Monroe County Year 2010 Comprehensive Plan.
e. The Applicant is entitled to the construction contemplated by the permits set
forth above so long as the construction is timely commenced and subject to quarterly
reporting to ensure that development is continuing in good faith.
at Marathon, Monroe County. Florida, this ~'/day of
DONE .IJAND ORDERED
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Randol
FBN 377163
Vested Rights Hearing Officer
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