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Cabinet
Affairs |
March 12, 1996
1. Approval of minutes of the meeting held February 27, 1996.
2. Consideration of a Recommended Order issued by the Division of Administrative Hearings concerning an appeal filed by Park Central Industrial regarding Ordinance 95-23 adopted by the City of Pompano Beach amending the development order of the Park Central Development of Regional Impact (DRI). (FLWAC Case No. APP-95-002)e to Park Central's exceptions received on February 12, 1996.
3. Consideration of a Motion to Dismiss filed by Charles River Laboratories concerning an appeal filed by the Department of Community Affairs regarding a Development Order issued by Monroe County to Charles River Laboratories and Michael C. Coppola. (FLWAC Case No. APP-96-003)
On January 12, 1996 the Department of Community Affairs (DCA) filed a petition for appeal of Building Permit No. 9510001459 issued by Monroe County to Charles River Laboratories and Michael C. Coppola. The building permit authorized the construction of feeding stations and one breeding pen for monkeys on two offshore islands (Key Lois and Raccoon Key). The building permit is an after the fact permit. Construction of the feeding stations and breeding pen has already occurred. The DCA alleges that the permit is inconsistent with the Monroe County land development regulations, comprehensive plan provisions and Principles for Guiding Development in that separate permits are required for each principle structure; Raccoon Key and Key Lois are designated as "Offshore Island" and the breeding and captivity of monkeys is inconsistent with the purpose of this designation; the permit fails to qualify for a conditional use; the permit authorizes nonconforming uses and impermissibly extends them; the permit is inconsistent with the open space requirements for a mangrove area; placement of the feeding stations and breeding pens violate the applicable shoreline setback requirements; is inconsistent with Section 2.104, Nearshore Waters; continued use of Raccoon Key and Key Lois per the permit will adversely impact the quality of mangroves, seagrass beds and other marine resources; and the failure to recognize potential danger to the public and to the monkeys in the event of a hurricane disaster.
On January 22, 1996 Charles River Laboratories filed an answer to DCA's petition and a Motion to Dismiss. Charles River Laboratories' Motion to Dismiss alleges the DCA is equitably estopped from appealing or objecting to the activities of Charles River Laboratories in the Monroe County building permit and that allegations in DCA's petition are not supported by factual basis. Additionally, Charles River Laboratories alleges a "collateral attack" by the DCA; states that permitted structures did not require Monroe County permits; and that DCA failed to attach exhibits and serve copies of the petition properly.
Recommendation:
Authorize the Secretary of the Commission to enter the Draft Order of Transmittal forwarding the appeal to the Division of Administrative Hearings for assignment of a hearing officer and further proceedings with directions to the Hearing Officer to first rule on the Motion to Dismiss filed by Charles River Laboratories.
Back-up:
Pursuant to Chapter 42-2.008(4), Florida Administrative Code, notice is hereby given that the appeals listed below will be forwarded to the Division of Administrative Hearings for assignment of a hearing officer and further proceedings, unless a request for consideration is received by the Secretary of the Commission within five calendar days following the March 12, 1996, meeting of the Governor and Cabinet. If a request for consideration is received, the matter will be placed on a subsequent agenda for consideration by the Florida Land and Water Adjudicatory Commission. Requests must be filed with the Secretary of the Commission, The Capitol, Room 2105, Tallahassee, Florida 32399-0001, no later than March 18, 1996.
Case No. APP-96-004 Edgewater Beach Owners Association, Inc.,
vs. Walton County, Florida; Grand Dunes, Ltd,; and KPM Ltd. Company