Transcript

1.

Approval of the minutes of the meeting held January 25, 2000.

2.

Consideration of a Recommended Order issued by the Division of Administrative Hearings in the case of Tropic Leisure Recreation Development, Inc., (Petitioner) vs. Islamorada, Village of Islands, (Respondent) and Department of Community Affairs (Intervenor). (FLWAC Case No. APP-99-001)

Tropic Leisure Recreation Development, Inc., (Tropic Leisure) is the owner of property located at Lot 5, McDonald's Subdivision-81101 Old Highway, Upper Matecumbe Key, Monroe County, in the Florida Keys Area of Critical State Concern. The property is a 4.4 acre parcel and the last use of the site consisted of five tennis courts and a small building of 1200 square feet. Tropic Leisure obtained demolition permits from the Monroe County Building Department and demolished 1620 square feet of non-residential floor area on the subject parcel. Tropic Leisure planned to convert an additional 900 square feet of existing commercial space to residential square footage, creating a surplus of 2520 square feet of non-residential floor area. Tropic Leisure applied to Monroe County for a construction permit to build four swimming pools, a water slide, a playground, two racquet ball courts and a health club and separate restroom and changing locker area on the parcel not to exceed 2517 square feet.

While Tropic Leisure’s application for a building permit was pending before the Monroe County Building Department, Islamorada, Village of Islands, (the Village) incorporated. As the subject parcel is located within the newly incorporated Village, Monroe County deferred the development decision to the Village. Shortly after incorporating, the Village passed and adopted Ordinance #98-04 providing for a moratorium on the issuance of development orders and development permits for new non-residential development within its corporate limits. At the direction of Village staff, Tropic Leisure submitted a Request for Waiver to Moratorium Ordinance on Non-Residential Development for authorization to perform the construction as previously applied with Monroe County. The Village Council rendered Resolution No. 98-11-51 on November 30, 1998, denying the waiver request.

Tropic Leisure filed a notice and petition for appeal with the Florida Land and Water Adjudicatory Commission on January 14, 1999, appealing the Village’s denial of the waiver request. Tropic Leisure alleges that the denial of the waiver deprives Tropic Leisure of its due process protections and constitutes an impermissable taking of its property without just compensation. Additionally, Tropic Leisure alleges that the denial was not based on competent, substantial evidence. The Village filed an Answer and Affirmative Defense to Petition for Appeal on February 5, 1999, responding to Tropic Leisure’s allegations and asserting that the Commission lacks jurisdiction to consider this matter.

On March 16, 1999, the appeal was forwarded to the Division of Administrative Hearings (DOAH) for assignment of an administrative law judge and further proceedings. The Department of Community Affairs was permitted leave to intervene in the DOAH proceeding on April 5, 1999. The Administrative Law Judge conducted oral arguments and issued a Recommended Order on December 13, 1999, determing the Commission has jurisdiction in this matter and recommending the Commission enter a final order upholding the denial of the application for waiver from the building moratorium. No exceptions to the Recommended Order were filed.

RECOMMENDATION:

Authorize the Secretary of the Commission to enter the Draft Final Order upholding the denial of Application for Waiver from the building moratorium Ordinance #98-04.

BACK-UP:

Tropic Leisure’s Notice and Petition for Appeal received on January 14, 1999.

Village’s Answer and Affirmative Defense to Petition for Appeal received on February 5, 1999.

DOAH’s Recommended Order received on December 17, 1999.

Draft Final Order.