Reso 2008-1222 - Laserfiche WebLink

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development approval. In fact, the legislative history behind the aforementioned section of the City Code makes clear that it was the intent of the City Commission to create a high bar to establish good cause. If the City Commission has a desire to grant extensions for economic reasons, the current standards under the City Code do not permit such extensions. Moreover, the standards do not permit the City to require prepayment of building permit fees in return for extensions of a development approval. More importantly, there is no legal authority to support the prepayment of building permit fees under the current standards. If the City Commission has a desire to provide extensions exclusively for economic reasons on a fee basis, the Commission may create a voluntary program which allows developers to seek extensions for economic reasons. This program would co-exist with the current process to grant extensions for good cause. A modification of the City Code would be required in order to start this program to ensure consistency with the current standards. c. Vested Rights or Zoning Estoppel Vested rights are typically implicated when the government seeks to stop a development project after the developer has spent substantial amounts of money to proceed with the development project. Indeed, "the theory behind vested rights is that a citizen is entitled to rely on the assurances and commitments of a zoning authority and if he does, the zoning authority is bound by its representation." Monroe County v. Ambrose, 866 So. 2d 707 (Fla. 3rd DCA 2004). A development approval cannot be revoked by the local government where vested rights have been established. Hollywood Beach Hotel Company v. City of Hollywood, 329 So. 2d 10 (Fla. 1976) (holding that developer has vested property rights in continuation of development project where the developer obtained a building permit). In order to establish vested rights in Florida, a property owner or developer must establish the following: "(1) in good faith reliance, (2) upon some act or omission of government, (3) made such a substantial change in position or has occurred such extensive obligations and expenses, and (4) that it would make it highly inequitable to interfere with the acquired right." Id. At 710. Vested rights are generally triggered subsequent to the issuance of a building permit. See, 35 AMJUR PFO 3d 385 (August 2003). Thus, even if a building permit is not issued, a developer may seek vested rights if they are required to prepay the building permit fees. Essentially, the doctrine of vested rights is a doctrine which attempts to establish fairness in the development process. Even if a developer is unable to establish vested rights to keep its development approval alive, the developer may claim equitable estoppel to prevent the termination of its development approval if they are required to prepay building permit fees. To sustain a claim of estoppel in Florida, "there must be (I) a representation as to some material fact by the party estopped to the party claiming estoppel; (2) reliance upon the representation by the party claiming estoppel; and (3) a change in such party's position caused by his reliance on the representation to his detriment." Monroe County v. Hemisphere Equity Realty, Inc., 634 So. 2d 745 (Fla. 3rd DCA 1994). The prepayment of building permit fees may be sufficient to raise the estoppel defense against the City if the City seeks to terminate a development approval. 4 30