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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, yes yes yes yes yes :!: L"J \D <:;) - \D .April. 19~. ~ :x o p :;T~ ;bo ,." :;f; ...., -< c""), r' I or." ~ C:::::",,- z~..Jc ~("")r- :<:-f:::: ...," l> r- CJ .l> f11 ~ ca Coo) , 0'\ .." - r- ", o .." o ;:0 ::0 ", C") o ;::0 o 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 \ . ....... .. ""__ 11..... C 1 \ 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 2 (SEAL) .r:~-\i:b_, /'<. ,,' ..1,. A TTEST: DANNY KO}:: E f"\ ?:.~ J ~__J.. fl.j; DEPUTY CLERK Mayor Pro Tern Freeman Commissioner Neugent Commissioner WIlliams Commissioner Reich Yes ..Y~ YeE: Yes BOARD OF COUNTY COMMISSIONERS OF ~~E COUNTY,' .fLOR]DA~,~.~ " \........_...~~~ ~", -~ BY: ~~ ---_..d . MAYOR/CHAIRMAN '" APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY~7~ 3