Resolution 178-1999
County Attorney
RESOLUTION NO. 1 78-1999
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 BUCCANEER POINT ESTATES, INC. AND
JAMES C. DOUGHERTY
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 Buccaneer Point Estates, Inc. and James C. Dougherty for
determination of vested rights was heard by Vested Rights Hearing Officer Larry Erskine, 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
Rights application of Buccaneer Point Estates, Inc. and James C. Dougherty is accordingly,
DENIED.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
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Florida, at a regular meeting of the Board held on the 14 I day o. '
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY~o..L..,.jLC. " Ov '/JCVt\.~
Deputy Clerk /
jvrbucdough
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By ~1~ ~~
Mayor/Chairman
APPROVED AS TO FORM
A L GAL UFF, Y
BEFORE THE VESTED RIGHTS HEARING OFFICER,
MONROE COUNTY, FLORIDA
In Re: the application of: Buccaneer Point Estates, Inc.
and James C. Dougherty; Buccaneer: Lots 1 & 2, Block 4,
Lots 3 & 4, Block 5, Lots 24,25,43,44,45,46,47, Block 3;
Dougherty: Lots 48, Block 3 and Lots 37, Block 6, Buccaneer
Point, according to the plat thereof recorded in Plat Book 7,
page 6, of the Public Records of Monroe County, Florida.
/
FINAL VESTED RIGHTS DETERMINATION
The above entitled matter was originally heard at a duly-advertised and regularly
scheduled, public hearing on April 27 and 28, 1998, by Lany Erskine, designated Vested
Rights Hearing Officer. The Hearing Officer reviewed the application and exhibits, and
heard the testimony ofthe applicants. The hearing Officer also heard argument of counsel
on behalf of the applicants and Monroe County. Subsequent to the hearing, the following
were also received and reviewed:
(a) Memorandum of Law submitted by the applicant;
(b) Response to the Applicant's Memorandum of Law submitted on behalf of
Monroe County;
( c) a transcript of the hearing.
The following findings of fact and conclusions of law are hereby adopted:
FINDINGS OF FACT
1. In 1972, the Petitioners' predecessors in title began development of a 92
acre peninsula in Key Largo, Florida.
2. In 1974, Petitioner Buccaneer Point Estates, Inc., a Florida Corporation,
acquired title to the subject property.
3. On December 11, 1975, Monroe County approved the plat ofthe
subdivision known as Buccaneer Point, consisting of 176 lots approved for single-family
residences.
4. The subdivision referred to hereinabove was developed by the Petitioners,
who submitted the plat for approval and recording.
5. The Petitioners expended substantial sums in developing the property
prior to the plat approval mentioned hereinabove.
6. Subsequent to the plat approval referred to hereinabove, the Petitioners
expended substantial sums to develop the subject property including fill, paving, water
lines, and professional fees.
7. The petitioners did not apply for a vested rights determination pursuant to
the 1986 Comprehensive Plan or the ROGO Vested Rights provision that became
effective in 1992.
8. Other than the taxes attributable to the 13 subject lots, no expenditures
have been made specific to these lots, in that all expenditures pertained to the subdivision
as a whole.
9. The Petitioners have not applied for building permits or filed ROGO
applications for any of the subject lots.
10. Petitioners have successfully marketed and conveyed all the lots in the
subdivision with the exception of the 13 lots included within Petitioners' application.
CONCLUSIONS OF LAW
11. In order to obtain a determination of vested rights, the Petitioners must
first establish they reasonably relied upon an official act by the County. The recordation
of a subdivision plat may constitute such an official act, and Petitioners rely upon same.
12. Next, the Petitioners must demonstrate that, acting in good faith, they
made such a substantial change of position or they have incurred such extensive
obligations and expenses that it would be highly inequitable or unjust to affect those
rights by requiring them to now conform to the current comprehensive plan and land
development regulations. Although the Petitioners expended funds in reliance on the
1975 plat approval, these expenditures benefited the development of the subdivision as a
whole. The expenditures possibly attributable to the lots in question do not rise to the
level such that it would be inequitable to vest the Petitioners' rights based on those
expenditures.
13. Under the third prong of the vested rights provision, the Petitioners have
the burden of establishing "that the development has commenced and has continued in
good faith without substantial interruption." The Petitioners contend that the
development of the subdivision has continued on the lots included within this vested
rights application. That is, no applications or requests have been filed at any time to
develop these remaining lots.
WHEREFORE, the Monroe County Board of County Commissioners enters this
final vested rights determination denying vested rights and states:
14. The Petitioners' Request for Vested Rights is hereby DENIED.
15. Further, the Petitioners' request for relief based on Petitioners;
interpretation of Section 380.05(18), Fla. Stat., is also DENIED in accordance with the
ruling on the applications of Abbott, et al.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a meeting of the Board held on the
14thtayof April ,A,D.,19981.
Mayor Harvey Yes
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(SEAL)
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A TTEST: DANNY KO}:: E
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DEPUTY CLERK
Mayor Pro Tern Freeman
Commissioner Neugent
Commissioner WIlliams
Commissioner Reich
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BOARD OF COUNTY COMMISSIONERS
OF ~~E COUNTY,' .fLOR]DA~,~.~ "
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BY: ~~ ---_..d .
MAYOR/CHAIRMAN '"
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
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