Resolution 250-1988
Monroe County Commission
RESOLUTION NO. 250 -1988
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, ACCEPTING
AND ADOPTING THE FINDINGS OF FACT, CONCLU-
SIONS OF LAW AND ORDER CONCERNING THE VESTED
RIGHTS HEARING OF JOSEPH FARRUGIA (CORAL
HARBOR PLAZA, INC.)
,
---
WHEREAS, on January 26, 1988, a vested rights hearing was
held in Key West, Monroe County, Florida, concerning Joseph
Farrugia (Coral Harbor Plaza, Inc.), and
WHEREAS, in accordance with said hearing, John E. Bigler,
Jr., Hearing Officer for Monroe County, Florida, entered a
Findings of Fact, Conclusions of Law and Order concerning said
Joseph Farrugia (Coral Harbor Plaza, Inc.), and
WHEREAS, the Board of County Commissioners of Monroe County,
Florida, now desires to accept and adopt said Findings of Fact,
Conclusions of Law and Order concerning said Joseph Farrugia
(Coral Harbor Plaza, Inc.), now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
That the Board hereby accepts and adopts, pursuant to I
1.
Section 8-302(b)(5) of the Florida Keys Comprehensive Plan's Land
Development Regulations, the said Findings of Fact, Conclusions
of Law and Order entered by John E. Bigler, Hearing Officer,
concerning Joseph Farrugia (Coral Harbor Plaza, Inc.), a copy of
which is attached hereto and made a part hereof.
2. That the Clerk of the Board is hereby directed to
forward a certified copy of this Resolution to the Department of
Community Affairs, P.O. Box 990, Key West, Florida 33041.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 21st day of June, A.D. 1988.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By,g~ .?
(/ RBAN
(SEAL)
Attest :DANNY L. KOLHAGE Clerk
,
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STATE OF FLORIDA
COUNTY OF MONROE
VESTED RIGHTS HEARING
JOSEPH FARRUGIA,
(CORAL HARBOR PLAZA, INC.)
Petitioner,
vs.
MONROE COUNTY,
Respondent.
/
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND ORDER
Pursuant to notice, this cause came on for Hearing before
John E. Bigler, Jr., duly designated Hearing Officer, commencing
at or about 10:00 a.m. on Tuesday, January 26, 1988, in Key West,
Monroe County, Florida. The appearances were as follows:
APPEARANCES
For Petitioner:
James T. Hendrick, Esquire
Morgan & Hendrick, P.A.
317 Whitehead Street
Key West, Florida 33040
For Respondent:
Robert Leeman, Esquire
Assistant County Attorney
310 Fleming Street
Key West, Florida 33040
Wayne Taylor, County Staff
Member, Monroe County
Planning Board
5825 Jr. College Road
Key West, Florida 33040
This cause arose upon the filing of an application for
determination of Vested Rights in 1987, filed by James T.
Hendrick, Esquire, on behalf of Joseph Farrugia (Coral Harbor
Plaza, Inc.). The Hearing was held pursuant to a legal authority
and jurisdiction as found in Section 4-107 and Chapter 8, Volume
3, Florida Keys Comprehensive Plan.
The Hearing was conducted
under the rules of procedure as set forth in Chapter 28-5,
Florida Administrative Code and Chapter 120, Florida statutes.
The Petitioner called the following witnesses at the Hearing:
1. Bernard zyscovich, Architect, who gave sworn testimony.
2. Dr. Jeff Doyle, who gave sworn testimony.
3. Patricia Jacks, ERA Realty, who gave sworn testimony.
The hearing was open to the public and provisions were made
for public input, if any. A Mr. Raymond Martin, an adjacent
senior citizen, speaking for a group of concerned citizens and
neighbors, gave sworn testimony.
At the commencement of the Hearing, counsel for the
Petitioner filed with the Hearing Officer affidavit attesting to
posting of notice as required by Section 5-105 of the Monroe
County Comprehensive Land Use Plan as to the Hearing.
Filed immediately thereafter was a Joint Stipulation for
Entry of Order permitting Petitioner, Joseph Farrugia To Seek
Major Development Approval, a copy of which is attached hereto
and made a part hereof.
The issues to be resolved in this proceeding are whether or
not the Petitioner qualifies as an applicant for Major
Development Approval under Section 9.5(b)(4)(b) of the Monroe
County Code.
FINDINGS OF FACT
1. On September 10, 1969, Joseph Farrugia ("Petitioner",
hereinafter) purchased a parcel of real property located in
Marathon, Monroe County, and described as the Amended Plat of
Marathon Shores, Key Vaca, PB 3-58. After purchasing the
property, Petitioner made certain improvements pursuant to County
permits, including an excavated boat basin designed and built as
an accessory use to a future multi-family development.
2. On September 29, 1981, the Petitioner's architect,
Bernard Zyscovich, met with then-Planning Director, Henry
Weinkam, to reivew proposed development schematics for the
property. The proposed development (lithe development") qualified
as Major Development Activity under the laws of Monroe County in
effect at that time.
3. On October 7, 1981,' Zyscovich and Petitioner's
attorney, James T. Hendrick, met with Weinkam and members of his
staff in an Initial Advisory Meeting, pursuant to the Major
Development Ordinance. The Planning Director reviewed the
Petitioner's schematic
plan for compliance with the Major
Development Ordinance, confirmed the
applicable residential
density of 53 units on the property, and advised Petitioner's
representatives of the next steps to
be taken
in Major
Development review. First among those steps was securing Florida
Department of Transportation approval for access to the property.
4. On October 22, 1981, the Florida Department of
Transportation approved Petitioner's application for a driveway
curb-cut on the property.
5. In 1982, a moratorium on Major Development was enacted
by Monore County.
The moratorium was lifted in 1983 to allow
projects which were "in the pipeline" to proceed with Major
Development review.
6. On September 22, 1983, Petitioner submitted documents
(including a complete site plan) to the County for Major
Development review.
The
County
refused
to
accept the
Petitioner's
submittal,
in
the mistaken belief that the
development had not had an Initial Advisory Meeting and was
therefore not in "the pipeline".
7. Monroe County had issued Petitioner a dredge and fill
permit (No. 13617), a land clearing permit (No. B6020), and a
finger pier permit (No. B6390) for improvements to the property.
The latter permit was suspended by the County Commission pending
Major Development approval.
8. In 1987, Petitioner filed an application for a Vested
,
Rights Determination, claiming a vested right to continue to seek
Major Development Approval pursuant to the zoning laws in effect
prior to the enactment of the Monroe County Comprehensive Land
Use Plan, Ord. 33-1986 ("Plan" herednafter).
CONCLUSIONS OF LAW
As a result of the documents placed into evidence and the
testimony given at this Hearing, the following conclusions of Law
are made:
1. This Hearing Officer ratifies the Joint Stipulation for
Entry of Order permitting Petitioner Joseph Farrugia To Seek
Major Development Approval entered into between the Petitioner,
Joseph Farrugia, and Monroe County.
2. This Hearing Officer finds as a Conclusion of Law, that
the Petitioner was an ,applicant for Major Development Approval
pending on December 12, 1985, within the meaning of Section 9.5-
2(b)(4)(b) of the Monroe County Code.
3.
Additionally, this
Hearing
Officer
finds
as a
Conclusion of Law, that because the Petitioner qualified as an
applicant
for
Major
Development
Approval
under Section
9.5(b)(4)(b) of the Monroe County Code, Petitioner is entitled to
proceed thereunder, it is unnecessary to
make a separate
determination as to each of the Vested Rights criteria set forth
in Section 9.5-183, Monroe County Code.
ORDER
Having considered the foregoing Findings of Fact, Conclusion
of Law, the evidence of record, the candor and demeanor of the
witness, and the pleadings and arguments of the parties, and the
Stipulation entered into between the parties, it is therefore,
ORDERED that Monroe County shall permit Petitioner, Joseph
Farrugia, to file and prosecute his application for Major
Development Approval for the development (Coral Harbor Plaza,
Inc.), and shall review same, under the land use regulations
existing prior to the enactment of the Plan, and specifically
permitting a density of 53 residential units on the residential
portion of the property.
DONE and ORDERED this
9'(!!day of May, 1988, in Key West,
Monroe County, Florida.
(.
JOHN . BIGLER, J .,
Hea~'ng Officer for
Monroe County
~04 whitehead Street
Key West, Florida 33040
(305) 294-8363
Copies to:
WAYNE TAYLOR
5825 Junior College Road
Stock Island
Key West, FLorida 33040
JAMES T. HENDRICK, ESQ.
Morgan & Hendrick, P.A.
317 Whitehead Street
Key West, Florida 33040
ROBERT LEEMAN, ESQ.
Assistant County Attorney
310 Fleming Street
Key West, Florida 33040
.'
IN RE:
JOSEPH FARRUGIA.
/
STIPULATION FOR ENTRY OF ORDER PERMITTING
PETITIONER JOSEPH FARRUGIA
TO SEEK MAJOR DEVELOPMENT APPROVAL
IT IS HEREBY STIPULATED AND AGREED, by and between JOSEPH
FARRUGIA, Petitioner, and MONROE COUNTY, as follows:
I. STATEMENT OF THE FACTS.
1. On September 10, 1969, JOSEPH FARRUGIA ("Petitioner",
hereinafter) purchased a parcel of real property located in
Marathon, Monroe County, and described as the Amended Plat of
Marathon Shores, Key Vaca, PB 3-58.
After purchasing the
property, he made certain improvements pursuant to County
permits, including an excavated boat basin designed and built as
an accessory use to a future multi-family development.
2. On September 29, 1981, the Petitioner's architect,
Bernard Zyscovich, met with then-Planning Director Henry Weinkarn
to review proposed development schematics for the property. The
proposed development (lithe development") qualified as Major
Development Activity under the laws of Monroe County in effect at
that time.
3. On October 7, 1981, Zyscovich and Petitioner's attorney,
James T. Hendrick, met with Weinkam and members of his staff in
an Initial Advisory Meeting, pursuant to the Major Development
Ordinance.
The Planning Director reviewed the Petitioner's
schematic plan for compliance with the Major Development
Ordinance, confirmed the applicable residential density of 53
uni ts on the property, and advised Petitioner's representatives
. ',.. .
of the next steps to be taken 1n MaJor Development reV1ew. First
among those steps was securing FDOT approval for access to the
property.
4.
On October 22,
1981, the Florida Department of
Transportation approved Petitioner's application for a driveway
curb-cut on the property.
5. In 1982, a moratorium on Major Development was enacted
.~ ".
by Monroe County. The moratorium was lifted in 1983 to allow
projects which were "in the pipeline" to proceed with Major
Development review.
6. On September 22, 1983, Petitioner submitted documents
(including a complete site plan) to the County for Major
Development review. The County refused to accept the
Petitioner's submittal, in the mistaken belief that the
development had not had an Initial Advisory Meeting and was
therefore not in "the pipeline".
7. Monroe County had issued Petitioner a dredge and fill
permit (No. 136217), a land clearing permit (No. B6020), and a
finger pier permit (No. B6390) for improvements to the property.
The latter permit was suspended by the County Commission pending
Major Development approval.
8. In 1987, Petitioner filed an application for a Vested
Rights Determination, claiming a vested right to continue to seek
Major Development Approval pursuant to the zoning laws in effect
prior to the enactment of the Monroe County Comprehensive Land
Use Plan, Ord. 33-1986 ("Plan" hereinafter).
II. CONCLUSIONS OF LAW.
9. The refusal by Monroe County to accept Petitioner's
application for Major Development Approval in 1983 was an
erroneous denial of Petitioner's right to seek approval under the
zoning ordinance then in effect. Accordingly, Petitioner was an
applicant for Major Development Approval pending on December 12,
1985, within the meaning of S9.5-2(b) (4) (b) of the Monroe County
Code.
IO. Because Petitioner qualifies as an applicant for Major
Development Approval under S9.5 (b) (4) (b) of the Monroe County
Code, and is entitled to proceed thereunder, it is unnecessary to
make a separate determination as to each of the Vested Rights
criteria set forth in S9.5-183, Monroe County Code.
II. Monroe County shall permit Petitioner to file and
prosecute his application for Major Development Approval for the
-2-
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",. ,
development,
and shall review same, under the land use
regulations existing prior to the enactment of the Plan, and
specifically permitting a density of 53 residential units on the
residential portion of the property.
12. This Stipulation is jointly submitted to the Hearing
Officer for entry of a Recommended Order incorporating its terms,
and shall become effective upon approval by the Board of County
Commissioners for Monroe County.
EXECUTED at Key West, Monroe County, Florida this ~~
day of
, 1988.
~ -P~~
MONROE COUNTY
By: ROBERT LEEMAN, Assistant
County Attorney
-3-
Dannp 1.. Itolbagt
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 743-9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-9253
June 28, 1988
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
~ '--\~-8~~_~D~
Department of Community Affairs
Post Office Box 990
Key West, Florida 33041
Dear Sirs:
At a Regular Meeting in formal session on June 21,
1988, the Board of County Commissioners of Monroe County
adopted Resolution No. 250-1988 accepting and adopting the
Findings of Fact, Conclusions of Law and Recommended Order
concerning the vested Rights Hearing of Joseph Farrugia
(Coral Harbor Plaza, Inc.).
Enclosed please find a certified copy of said
Resolution.
Very truly yours,
Danny L. Kolhage
Clerk of Circuit Court
and ex officio Clerk
Board 0 County Commissioners
by:
Rosalie L. onnolly
Deputy Clerk
Enclosure
cc: Mayor E. Lytton
County Attorney
County Administrator
Asst. Co. Admin. - Growth Management
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