Item P09 � P.9
� � �, BOARD OF COUNTY COMMISSIONERS
County of Monroe � ��r�i
�r � s�� Mayor Heather Carruthers,District 3
The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2
Craig Cates,District 1
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
July 15, 2020
Agenda Item Number: P.9
Agenda Item Summary #7056
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2506
1:30 PUBLIC HEARING
AGENDA ITEM WORDING: A public hearing to consider a resolution regarding a request for
Administrative Relief for Keith P. Radenhausen on Lot 6, Block 37, Port Pine Heights 2nd Add., Big
Pine, Real Estate Number 00293150.000000.
ITEM BACKGROUND: On April 22, 2020, Keith Radenhausen, the property owner and applicant,
submitted an Administrative Relief Application for Lot 6, Block 37, Port Pine Heights 2nd Add., Big
Pine, Real Estate No. 00293150.000000. The applicant is specifically requesting relief in the form of
issuance of a ROGO allocation award and building permit for the construction of a single family
house on the subject property.
Legal History
The history of this property includes several previous applications for relief and/or lawsuits against
the County:
1997 Beneficial Use Determination
On January 2, 1997, the owner of the subject property (Mr. Radenhausen) filed an application for
a Beneficial Use Determination (BUD) and stipulated that the preferred relief was purchase of
the subject property. The Planning Department agreed to accommodate and support the
applicant's request that the property be purchased; the accommodation was made without regard
to property conditions or potential use. On July 17, 2002, the Board of County Commissioners
approved Resolution 305-2002, agreeing to grant relief to the applicant in the form of an offer to
purchase the lot(Exhibit 4). On September 22, 2004, the Monroe County Land Authority offered
to purchase the property from Mr. Radenhausen for $53,265. Mr. Radenhausen declined the
purchase offer.
1997 Ambrose v. Monroe County
Concurrent with the BUD application, the applicant moved to intervene in the pending case of
Ambrose v. Monroe County, a 1997 circuit court case filed by other property owners seeking
declaratory relief to determine their rights under Ch. 380, Fla. Stat. (which designates the Florida
Keys as an Area of Critical State Concern), and to determine the effect of the 1986 Land
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Development Regulations and the 1996 Comprehensive Plan. The trial court found in favor of
the landowners, but on appeal the Third District reversed the ruling in 2003. See Ambrose v.
Monroe County, 866 So.2d 707 (Fla. 3rd DCA 2003). As an Intervenor, the applicant is subject
to the holding in Ambrose requiring that he "demonstrate a good faith reliance on section
380.05(18) and change of position in furtherance of developing their land in order to have vested
rights to develop their property." Id. at 711-12.
1997 Vested Rights Determination
On January 2, 1997, Mr. Radenhausen also filed an application for a Vested Rights
Determination for the subject property. A hearing was held on April 27, 1998 before Hearing
Officer Larry Erskine, who issued a recommended order denying the vested rights request of
Radenhausen and multiple other property owners. On March 10, 1999, the Board of County
Commissioners adopted Resolution 110-1999, approving the recommended order and denying
the vested rights application (Exhibit 5).
2004 Collins, et. al. v. Monroe County & State of Florida
In 2004, Radenhausen was among the Collins plaintiffs that filed suit against the County alleging
the subject property was taken by the County's land development regulations on January 4, 1997
(the date the BUD was rendered). See Collins, et. al. v. Monroe County & State ofFlorida (Case
No. CA-M-04-379). The Third District rejected the argument that the BUD was a de facto
admission that a regulatory taking occurred. On October 14, 2011, the trial court entered a Final
Judgment finding that neither the County nor the State were liable for a regulatory taking of the
Radenhausen property. The decision was affirmed on appeal. Collins v. Monroe County, 118
So.3d 872 (Fla. 3rd DCA 2013).
2006 Lightner, et. al. v. Monroe County
In 2006, Radenhausen was also among the plaintiffs that filed a class action complaint in inverse
condemntation. See Lightner, et. al. v. Monroe County, Case No. CA-K-07-280. The complaint
alleges that the subject property was deprived of substantially all beneficial use by operation of
the Big/Pine Key Habitat Conservation Plan (HCP), the Master Plan for Big Pine Key and No
Name Key, and the Tier System. On June 27, 2007, Radenhausen filed a voluntary dismissal in
the matter.
ROGO/Administrative Relief(Current Application)
The owner applied for a building permit to construct a single family home on the subject property on
September 10, 2015 (building permit application 415104795), and a ROGO application was applied
for on October 9, 2015. The ROGO application has been considered for sixteen consecutive
quarterly allocation periods, and has not received an allocation award, despite having complied with
all requirements of the dwelling unit allocation system. Per Land Development Code Section 138-
27(a), the property is now eligible for Administrative Relief, under Section 138-27 of the Land
Development Code.
The property is located in Tier I on Big Pine Key. The parcel lies within the Florida Forever
acquisition boundary and is adjacent to other state owned lands.
Packet Pg. 3774
Property Location: State Owned Lands in Orange:
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Per LDC Section 138-27(g), the preferred action for the subject property (a Tier I designated
parcel within the Florida Forever targeted acquisition area) is an offer to purchase the property at
its fair market value.
Sec. 138-27
(g) Board of County Commissioners action. At the conclusion of the public hearing, the BOCC
may take any or a combination of the following actions:
(1) Offer to purchase the property at its fair market value as its preferred action if the
property is located within:
a. A designated Tier I area or within the Florida Forever (or its successor)
targeted acquisition areas (unless, after 60 days from the receipt of a
complete application for administrative relief, it has been determined no
county, state or federal agency or any private entity is willing to offer to
purchase the parcel);
b. A designated Tier II area(Big Pine Key and No Name Key);
c. A designated Tier III-A area(special protection area); or
d. A designated Tier III area on a nonwaterfront lot or parcel for affordable
housing.
(2) Grant the applicant an allocation award for all or a number of dwelling units
requested in the next succeeding quarterly allocation period or extended pro rata over
several succeeding quarterly allocation periods as the preferred action for buildable
properties not meeting any of the criteria in subsection (g)(1) of this section.
(3) Suggest or provide such other relief as may be necessary and appropriate.
Additionally, per Comprehensive Plan Policy 101.7.3 and LDC Section 138-27(d), the County shall
preclude the granting of administrative relief in the form of the issuance of a building permit for
lands within the Florida Forever targeted acquisition or Tier I lands areas unless, after 60 days from
the receipt of a complete application for administrative relief, it has been determined the parcel
cannot be purchased for conservation purposes by any county, state or federal agency or any private
entity. The County shall routinely notify Department of Environmental Protection of upcoming
administrative relief request at least six (6) months prior to the deadline for administrative relief.
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The Florida Department of Environmental Protection (FDEP) was notified of the potential for an
administrative relief request on this property. At this time there has been no determination that the
parcel cannot be purchased for conservation purposes by any county, state or federal agency or any
private entity.
Consistent with Comprehensive Plan Policy 101.7.3 and LDC Section 138-27(d) and (g), staff
recommends that administrative relief be awarded in the form of a purchase offer by the
Monroe County Land Authority; or referral to the State of Florida Division of State Lands for
potential purchase through the Florida Forever Program.
In the event purchase is recommended and the owner refuses the purchase offer, the applicant may
remain in the ROGO System and continue earning perseverance points according to the Monroe
County Year 2030 Comprehensive Plan.
Per Policy 101.7.1, refusal of the purchase offer by a property owner shall not be grounds for the
granting of a ROGO or NROGO allocation award.
If the BOCC were to instead choose to grant relief to the applicant through an allocation
award for one dwelling unit on the subject property(138-27(g)(2)), the following would apply:
Pursuant to Comprehensive Plan Policy 101.6.2 and LDC Section 138-24(a), in the Big Pine Key/No
Name Key subarea the annual maximum number of residential permit allocations that may be
awarded in Tier I shall be no more than one every two years. A Tier 1 allocation award was
made on Big Pine Key in ROGO Year 28, Quarter 1 (Planning Commission Resolution P43-19,
November 19, 2019). The first available allocation for a Tier 1 property on Big Pine Key would be
in ROGO Year 30, Quarter 1 (approximately July 13, 2021 — October 5, 2021).
Additionally, per Section 138-27(h), the number of allocations that may be awarded under
administrative relief in any one quarter shall be no more than 50 percent of the total available
market rate allocations available, excluding banked administrative relief allocations and those
allocations received from Key West, in a quarter for that subarea. Any allocations, excluding
banked administrative relief allocations and those allocations received from Key West, in excess of
50 percent shall be extended into the succeeding quarter or quarters until the number of such
allocations is 50 percent or less of the total number of market rate allocations available to be
awarded.
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As shown in the table below, the current number of banked administrative relief ROGO allocations
for the Big Pine Key/No Name Key subarea is zero (0).
Table Ehms Totat Mirket FiateAl tiorreL s-d.RGG0 Yia rs#tt-2?av t brA ",Rtrathre Rerief
UrLssd U raised Urused A n Lead Unused U n used Un'Llsed Unused A n used Total U n L&9 d
FAerkatFtrb Me Ozt Rate FAerkatFtrb Mat at Fab Mairkat Ftrb Matr4t feria MeA.at Rate W rXatRab Mat at late MxftatRata
SA-Ar frDrrr`4lr I ho 'Flr 20 from Ys21 frzmdrM TromYIM IrmYT24 Tmm Yr25 frorrr`ff29 frzm{r27 A a s
Lowar Keys 11 44 14 23 S o 0 0 0
i par Keys 0 0 0 is is 2 0 0 2 34
TolvAm ai1ons 11 dd 13 M 21 2 0 0 2 im C
'_dots:-This-tabIs� oas-notin�luds-all-sxp - a:rlst-aaliocatio s-an�_ r$,_bS.fS isSo.to.inClUo_Io.SxTf
If relief were granted by an allocation award, it would come from the quarterly market rate
allocations available for the Big Pine Key/No Name Key subarea in Year 30. Ordinance 006-
2020, adopted by the BOCC on January 22, 2020, amended the ROGO allocation schedule
beginning Year 29. There will only be one (1) market rate allocation available per quarter for the Big
Pine Key/No Name Key subarea in Year 30. Based on the restriction that administrative relief
awards may only be 50% of the quarterly allocation for a subarea, the allocation award would use
0.5 ROGO allocation from Quarter 1 and 0.5 ROGO allocation from Quarter 2, and the allocation
would be awarded in Year 30, Quarter 2 (approximately February, 2021); similarly, that would
leave 0.5 ROGO allocation in Quarter 1 and 0.5 ROGO allocation in Quarter 2 for award to other
applicants on the ranking list. No allocation would be made in Quarter 1. Two (2) allocations would
be made in Quarter 2 (one for administrative relief, one to a ROGO application in the queue).
ROGO Year 30 Allocation by Quarter
July 13,2021 — uly 12,2022
Annual Qtr 1 Qtr 2 Qtr 3 Qtr 4
Market Rate: Allocation
Big Pine Key and No Name Key 4(a) I(b) I(b) I(b) I(b)
(')Per CP Policy 101.6.2 and LDC Sec. 138-24(a): Tier 1 limit in Big Pine Key/No Name Key
Subarea shall be no more than one every two years.
(')Per LDC Sec. 138-27(h): Administrative relief awards shall be no more that 50% of
quarterly allocation.
For reference, in the last quarterly allocation period(Year 28, Quarter 2), two market rate ROGO
allocations were awarded in the Big Pine Key/No Name Key subarea by the Planning Commission
in February, 2020. The subject property/application was ranked number 26 out of 27 applications. Of
the 25 remaining applicants, 9 are Tier III; 13 are Tier 11; and 3 are Tier I, including the subject
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property. As of the date of this staff report, one additional ROGO application has been submitted for
a market rate allocation in the Big Pine Key/No Name Key subarea(Tier HI).
Rank Permit# Name Gale Time Key Subdrrisiorr Lot Black RE# Tier Des..
MARKET RATE DWELLING UNITS
1 171051..92 Alvarez,Rolando 4-lan 13 19.50 AM Big Pine Whispering Pines Plat 3. 14 00286'130--00000 3
2 17105090 Merry,Conrad 13-Feb-18 9-10AM Sig Pine Pine Channel Estates Sec.2 38 7 0025017M0000 3
3 1710%59 Li flefieldlMatthews 22-Mai 2 55 FM Big Pine Whispering.Pines Na-3 30 00286280-00010. 3
4 18102794 Kreft.,Matthew 25-May-18 9.45 AM Big Pine Whispering Pines No..3 25 00286240-00000 3
5 18106792 Hanley,John 9-Jan-19 9 30 AM Big Pine Pine Channel Estates Sec.2 34 6 00249630-00000 3
5 @ 12100011 Peterson,Mark 9-4,pr l2 12.37 PM Big Pine Doctors Arm Subd 3rd.Add.Sec.A 14 00312571.00150 2
7 19103417 Forsyth,Brian&Melissa 26-Nov-19 1 53 FM Big Pine Pine Channel Estates Sec 2 13 4 00248520-00000. 3
8 19102941 Bonnici,Paul&Lisa 7-Jan-20 2.00 PM Big Pine Pine Channel Estates Sec 2 13 8 00250440-00000. 3
9 1810%47 PeVdro,Francisco 1 I-Mar-19 11:50 AM Big Pine Pine Channel Estates Sec.2 2 5 00248840-00000. 3
10 19101811 VJarGa.rcia 16-Nov-19 1.04 PM Big Pine Hollerich Subd. 43 00285480-00000. 3
11 191037114 Palerme,Adarn 10-Jan-20 16 2I AM Big Pine Hollerich Subd. 28 00285340-00000. 3
12 10103101 Mackenzie William 17-Sep-10 1[140 AM Big Pine metes and bounds OO1 H880.00U20, 3
13 14102030 Strickland,Stephen 21-Sep-15 16:10 AM Big Pine Doctors Amt Ist Add. t&2. 7 00312020.GDOOG 2
14 U8101996 Perez,Orlando 24-Jul-OS 9 47 AM Big Pine Tropical Bay 31 OC312890.00001J 2
15 G8102801 Bahr{Rev..Trust) 14-0ct:-08 227 PM Big Pine Doctors Amt 1st Add.. 3 5 003 t1n10.OD606 2
16 05100269 Vasquez,Jovan 10-.Aug 09 8:55 AM Big Pine Doctors Amt 3rd Add.Sec.B 5 003 12572.00060C 2
17 09102047 Eline,William 9-Nov-09 1 34 PM Big Pine Eder Pines Colony 3rd Add. 2 23 00271260.ODd06 C 2
18 15103066 Becher,David. 12-.Aug:-15 2.20 PM Big Pine Doctors Arm 3rd Add.Sec.A 13 00312571.00140C 2
19 15106174 Ash,Andrew 28-Jul I6 220 FM Big Pine Tropical Bay 2nd Add.. 2 2 003132.90.0D00G C 2
20 16104897 Kyle Kaiser E Trust 25-Sep-16 2::t0 PM Big Pine Doctors Arm 3rd Add.Sec.B 15 00312572.00160C 2
21 16107781 Urton,Timothy 6-Jan-17 9 00 AM Big Pine Doctors,4mt Subd 3rd.Add.Sec-C 1 003 t2573-00020 2
22 17104430 Horvath.Family Trust 28-Nov-17 8.30 AM Big Pine Tropical Bay 3rd Add. 10 7 00313840-00000 2
23 1610383C Rothdeutsch,Thomas 29-Mai 9 30 AM Big Pine Tropical Bay 3rd Add- 12 11 00314240-00000 2
24 16103833 Rolhdeutsch,Judy 3U-Jul 19 1�50 PM Big Pine Tropical Bay 3rd Add 9 o OC313630-00000 2
25 U9102764 Pereira,Carlos 22-Oct-09 IG 44 AM Big Pine Port Pine Heights 9 8 00290l 90.601JOU ['
26 15104796 Radenhausen,Keith 9-Ocl-15 11 00 AM Big Pine Port Pine Heights 2nd Add. 6 37 00293150.00000. 1
27 17106948 Krieger,Steven 20-Mar-I8 -f 1 30 AM Big Pine Sands 14 36 00305090-00010 1 1
PREVIOUS RELEVANT BOCC ACTION:
On March 10, 1999, the Board of County Commissioners approved Resolution 110-1999 denying a
vested rights application for the property.
On July 17, 2002 the Board of County Commissioners approved Resolution 305-2002 agreeing to
grant relief in a beneficial use determination case for the property in the form of an offer to purchase.
The purchase offer of$53,265 by the Land Authority in 2004 was declined by the owner.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval in the form of a purchase offer by the Monroe
County Land Authority; or referral to the State of Florida Division of State Lands for
potential purchase through the Florida Forever Program.
DOCUMENTATION:
Radenhausen 15104795 Report Final
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Exhibit 1 Adm Relief App 15104795
Exhibit 2 ROGO App 15104795
Exhibit 3 Approved BPNN Q2Y28 PC 02.26.2020
Exhibit 4 BUD Resolution 305-2002
Exhibit 5 Vested Rights Resolution 110-1999
Exhibit 6 Sec._138_27 and Policy 101.7.1
Radenhausen 15104795 Resolution Purchase
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: NA
Additional Details:
REVIEWED BY:
Emily Schemper Completed 06/24/2020 2:53 PM
Assistant County Administrator Christine Hurley Completed
06/30/2020 2:38 PM
Derek Howard Completed 06/30/2020 4:00 PM
Purchasing Completed 06/30/2020 4:13 PM
Budget and Finance Completed 06/30/2020 4:30 PM
Maria Slavik Completed 06/30/2020 5:20 PM
Kathy Peters Completed 06/30/2020 5:25 PM
Board of County Commissioners Pending 07/15/2020 9:00 AM
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4
MEMORANDUM
MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring,professional and fair
To: Monroe County Board of County Commissioners
LO
From: Tiffany Stankiewicz, Development Administrator I
le
Michael Roberts, CEP; PWS, Assistant Director/Environmental Resources T-
LO
Through: Emily Schemper, Sr. Director of Planning and Environmental Resources
Date: June 19, 2020
Subject: Request for Administrative Relief for Radenhausen
Lot 6, Block 37, Port Pine Heights 2nd Add., Big Pine, Real Estate No.
00293150.000000
Meeting: July 15, 2020
I. BACKGROUND
T
On 4/22/2020 the Applicant submitted an Administrative Relief Application for Lot 6, Block 37
Port Pine Heights 2nd Add.,Big Pine,Real Estate No. 00293150.000000(Exhibit 1). The applicant
is specifically requesting relief in the form of issuance of a ROGO allocation award and building U-
permit for the construction of a single family house on the subject property. 0
The applicant is eligible for Administrative Relief, has complied with all requirements of the LO
dwelling unit allocation system, has been considered in the first sixteen consecutive quarterly
allocations and has not received an allocation award.
LO
Date Entered ROGO: 10/9/2015 (Exhibit 2)
Date Entered Administrative Relief: 4/22/2020
Total ROGO/Tier Score: 8
Tier 1: 0 Market Employee/Affordable Housing Project:0
Wetlands Tier 3 Adjacent Tier i with>50%: 0 BAT/AWT: 4
Wetlands Tier 3 Adjacent Tier 1 with<50%: 0 Building Designed Green Building Code: 0
Located on No Name Key: 0 Concrete Cistern 1,000 galleon. 0
Marsh Rabbit/Buffer: 0 Gray water reuse: 0
Key Deer Corridor: 0 Solar photovoltaic 3KW or equiv.: 0
Aggregation Points: 0 Flood: 0
Land Dedication: 0 Perseverance: 4
Payment Acquisiton Fund up to 2 points: 0
This application was ranked 426 out of 27 applications in Quarter 2, Year 28 (Exhibit 3).
Page 1 of 9 Reviewed by
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IL CURRENT CONDITIONS
Location: Lot 6, Block 37, Port Pine Heights 2nd Add., Big Pine, Real Estate No.
00293150.000000
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Owner/Applicant: Keith P. Radenhausen Tier: 1 a
Land Use District: Improved Subdivision (IS) Total Assessed Value (2019): $18,926
FLUM: Residential Medium (RM) Total Just(Market)Value (2019): $18,929
Purchased: April 1, 1989 Deed Type: Quit-Claim Deed c
Purchase Price: $23,500
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Keith P. Radenhausen and Leslie A. Radenhausen, his wife,puchased the property April 1, 1989
with a Warranty Deed. Subsequently, the property was Quit Claimed September 6, 1995, to U_
Keith P. Radenhausen. c
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Additional Relevant Information:
The property is located in Tier I on Big Pine Key and consists primarily of scarified land. It is
mapped as developed land in the County's 2009 Habitat GIS layer. The parcel lies within the
Florida Forever acquisition boundary and is adjacent to state owned lands (see figure below:
subject parcel is outlined in blue; state owned lands in orange; County owned lands in yellow).
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15104795
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The Habitat Conservation Plan for Key Deer and Other Protected Species on Big Pine Key and
No Name Key (HCP) includes the following restriction:
New residential development in Tier I areas will be limited to no more than five percent
of all residential units permitted over the 20 year period(i.e., a maximum of 10 units) or
a total H 0.022 (two percent of the total H), whichever results in a lower H.
Allocation awards in Tier 1 on BPK/NNK since im lementation of Tier System (ROGO Yr 15):
Permit
Key(Island) Number Quarter,Year Real Estate Number Current Status h
Big Pine 03102303 Q2Y16(2008) 00289710.000000 C/O Issued r"
Big Pine 97101361 Q1Y17(2008) 00296820.000000 C/O Issued P'
No Name 9 0,us 2 Q2Y19(2011) 00319494.001300 Expired
Not used
No Name 96101470 Q2Y20(2012) 00319494.001000 Expired
7/22/2015
No Name 96101469 Q2Y20(2012) 00319494.000900 Expired
7/2 ld5 0)
Expired
No Name 96101464 Q3Y20(2012) 00319494.000500 7/22/2015
No Name 96101463 Q4Y20(2012) 00319494.000400 Expired
7/22/2015
No Name 96101473 Q4Y20(2012) 00319494.001400 Expired
7/22/2015
No Name 96101462 Q4Y21(2013) 00319494.000300 d
1/30/20 Expire16
No Name 96101461 Q2Y22(2014) 00319494.000200 Expired W
1/30/2016
No Name 96101460 Q2Y22(2014) 00319494.000100 d r�
1/30/20 Expire16
Expired
No Name 96101465 Q3Y22(2014) 00319494.000600 1/30/2016
Expired N
No Name 96101467 Q2Y24(2016) 00319494.000700 9/5/2016
No Name 96101468 Q2Y24(2016) 00319494.000800 Expired
9/5/2016 _
No Name 96101471 Q2Y24(2016) 00319494.001100 Expired t8
9/5/2016
Big Pine 05105438 Q2Y27(2019) 00319494.001100 Expired
9/25/2019 �
Big Pine 05104831 Q1Y28(2019) 00295360.000000
Allocation awards approved in Port Pine Heights from July 1992 to February 26, 2020: LO
Permit-No Date_ROGO_Application Time Key Subdivision RE-No Permit_issue_Date CO-Date r`
eD
03102303 23-Jun-03 10:10:00 AM Big Pine Port Pine Heights 00289710.000000 4/29/2008 8/4/2010 r,
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94101182 13-Oct-94 9:52 AM Big Pine Port Pine Heights 1st Addition 00290830.000000 01/09/95 2/26/1997
P'
96100281 5-Mar-96 1:15 PM Big Pine Port Pine Heights 1st Addition 00291240-000000 01/10/03 8/4/2004
92105467 11-Jan-93 4:15 PM Big Pine Port Pine Heights,2nd Addition 00292110.000000 05/22/95 3/24/1998 {ry
93106313 2-Jul-93 2:45 PM Big Pine Port Pine Heights,2nd Addition 00292380.000000 12/02/93 3/4/1997
93106813 4-Oct-93 3:30 PM Big Pine Port Pine Heights,2nd Addition 00292390.000000 01/12/94 1/23/1998
93105875 8-Apr-93 3:40 PM Big Pine Port Pine Heights;2nd Addition 00292910.000000 06/01/93 6/23/1994
94100989 3-Oct-94 11:05 AM Big Pine Port Pine Heights;2nd Addition 00294130.000000 01/05/95 11/22/1995
94101577 6-Jan-95 1:30 PM Big Pine Port Pine Heights;2nd Addition 00294210.000000 03/10/95 7/5/1996
95101818 10-Jan-96 2:15 PM Big Pine Port Pine Heights;2nd Addition 00294370.000000 02/02/98 7/12/2001
95101033 20-Jul-95 1:20 PM Big Pine Port Pine Heights;2nd Addition 00294830.000000 12/11/95 11/7/1996
05104831 20-Jan-06 11:00:00 AM Big Pine Port Pine Heights;2nd Addition 00295360.000000 Allocation Award valid to 9/11/2020.
95101100 7-Aug-95 1:50 PM Big Pine Port Pine Heights;2nd Addition 00295450.000000 11/30/95 10/23/1996
92105118 8-Sep-92 3:15 PM Big Pine Port Pine Heights;2nd Addition 00295680.000000 02/02/93 8/31/1994
95100377 17-Aug-95 3:10 PM Big Pine Port Pine Heights;2nd Addition 00295920.000000 11/15/95 6/20/1996
94100306 5-Apr-94 12:37 PM Big Pine Port Pine Heights;2nd Addition 00295960.000000 06/09/94 5/10/1995
95100384 4-Apr-95 2:35 PM Big Pine Port Pine Heights;2nd Addition 00296490.000000 06/29/95 2/11/1998
95100241 14-Mar-95 8:02 AM Big Pine Port Pine Heights;2nd Addition 00296690.000000 07/19/95 12/12/1996
95100138 3-Mar-95 9:42 AM Big Pine Port Pine Heights;2nd Addition 00296810.000000 06/15/95 8/19/1996
97101361 15Sep-97 12:16:00 PM Big Pine Port Pine Heights;2nd Addition 00296820.000000 12/16/2009, 3/29/2012
95101102 10-Aug-95 3:25 PM Big Pine Port Pine Heights;2nd Addition 100296830.000000 12/11/95 7/3/1996
Page 3 of 9 Reviewed by_ES
15104795
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1997 Beneficial Use Determination
On January 2, 1997, the owner of the subject property (Mr. Radenhausen) filed an application for
a Beneficial Use Determination (BUD) and stipulated that the preferred relief was purchase of the
subject property. The Planning Department agreed to accommodate and support the applicant's
request that the property be purchased; the accommodation was made without regard to property
conditions or potential use. On July 17, 2002, the Board of County Commissioners approved
Resolution 305-2002, agreeing to grant relief to the applicant in the form of an offer to purchase
LO
the lot(Exhibit 4). On September 22,2004,the Monroe County Land Authority offered to purchase
the property from Mr. Radenhausen for $53,265. Mr. Radenhausen declined the purchase offer.
LO
1997 Ambrose v. Monroe County
Concurrent with the BUD application, the applicant moved to intervene in the pending case of
Ambrose v. Monroe County, a 1997 circuit court case filed by other property owners seeking
declaratory relief to determine their rights under Ch. 380, Fla. Stat. (which designates the Florida
Keys as an Area of Critical State Concern), and to determine the effect of the 1986 Land
Development Regulations and the 1996 Comprehensive Plan. The trial court found in favor of the
landowners, but on appeal the Third District reversed the ruling in 2003. See Ambrose v. Monroe
County, 866 So.2d 707 (Fla. 3rd DCA 2003). As an Intervenor, the applicant is subject to the E
holding in Ambrose requiring that he"demonstrate a good faith reliance on section 380.05(18) and
change of position in furtherance of developing their land in order to have vested rights to develop
their property." Id. at 711-12.
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1997 Vested Rights Determination
On January 2, 1997, Mr. Radenhausen also filed an application for a Vested Rights Determination
for the subject property. A hearing was held on April 27, 1998 before Hearing Officer Larry
Erskine, who issued a recommended order denying the vested rights request of Radenhausen and U-
multiple other property owners. On March 10, 1999,the Board of County Commissioners adopted 0
Resolution 110-1999, approving the recommended order and denying the vested rights application
(Exhibit 5). to
2004 Collins, et. al. v. Monroe County & State of Florida
LO
In 2004, Radenhausen was among the Collins plaintiffs that filed suit against the County alleging
the subject property was taken by the County's land development regulations on January 4, 1997
(the date the BUD was rendered). See Collins, et. al. v. Monroe County & State ofFlorida (Case
No. CA-M-04-379). The Third District rejected the argument that the BUD was a de facto
admission that a regulatory taking occurred. On October 14, 2011, the trial court entered a Final
Judgment finding that neither the County nor the State were liable for a regulatory taking of the
Radenhausen property. The decision was affirmed on appeal. Collins v. Monroe County, 118
So.3d 872 (Fla. 3rd DCA 2013). E
2006 Lightner, et. al. v. Monroe County
In 2006, Radenhausen was also among the plaintiffs that filed a class action complaint in inverse
condemntation. See Lightner, et. al. v. Monroe County, Case No. CA-K-07-280. The complaint
alleges that the subject property was deprived of substantially all beneficial use by operation of
the Big/Pine Key Habitat Conservation Plan (HCP), the Master Plan for Big Pine Key and No
Page 4 of 9 Reviewed by_ES
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Name Key, and the Tier System. On June 27, 2007, Radenhausen filed a voluntary dismissal in
the matter.
IIL LEGAL ELIGIBILITY AND OPTIONS
Eligibility for Administrative Relief:
Section 138-27 of the Monroe County Land Development Regulations and Policy 101.7.1 (see
LO
Exhibit 6) of the Monroe County Year 2030 Comprehensive Plan provides a mechanism
whereby an applicant who has not received an allocation award in the ROGO system may apply
to the Board of County Commissioners for Administrative Relief. LO
The applicant has met the Administrative Relief eligibility requirements of Section 138-27(a),
below, having complied with all requirements of the dwelling unit allocation system and having
been considered in at least the first sixteen consecutive quarterly allocation periods, and not having
received an allocation award. The application was timely submitted. The applicant is requesting
administrative relief in the form of one (1) ROGO allocation award and the applicant has not
expressed a desire to sell the property to the County.
E
Sec. 138-27. -Administrative Relief.
(a) Eligibility. An applicant for an allocation award is eligible for administrative relief if:
c
(1) The application complies with all requirements of the dwelling unit allocation T
system;
(2) The application has been denied an allocation award for four successive years
(first 16 consecutive quarterly allocation periods) in the ROGO Permit Allocation
System; c
(3) The proposed development otherwise meets all applicable county, state, and
LO
federal regulations;
(4) The ROGO allocation application has not been withdrawn;
LO
(5) The applicant has complied with all the requirements of the ROGO Permit
Allocation System; and
(6) The applicant has followed the procedures for administrative relief; and
(7) The applicant has not received an allocation award.
Relief Options under Administrative Relief:
Per LDC Section 138-27(g),the preferred action for the subjectproperty(a Tier I designated parcel
within the Florida Forever targeted acquisition area) is an offer to purchase the property at its fair
market value.
(g) Board of county commissioners action. At the conclusion of the public hearing, the
BOCC may take any or a combination of the following actions:
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(1) Offer to purchase the property at its fair market value as its preferred action if the
property is located within:
a. A designated Tier I area or within the Florida Forever(or its successor)targeted
acquisition areas (unless, after 60 days from the receipt of a complete
application for administrative relief, it has been determined no county, state or
federal agency or any private entity is willing to offer to purchase the parcel);
LO
b. A designated Tier 11 area (Big Pine Key and No Name Key);
c. A designated Tier 111-A area (special protection area); or LO
d. A designated Tier III area on a nonwaterfront lot or parcel for affordable
housing.
(2) Grant the applicant an allocation award for all or a number of dwelling units
requested in the next succeeding quarterly allocation period or extended pro rata
over several succeeding quarterly allocation periods as the preferred action for
buildable properties not meeting any of the criteria in subsection (g)(1) of this
section.
(3) Suggest or provide such other relief as may be necessary and appropriate.
The subject property is designated Tier I and it is within the Florida Forever targeted acquisition
area.
Additionally, per Comprehensive Plan Policy 101.7.3 and LDC Section 138-27(d), the County
shall preclude the granting of administrative relief in the form of the issuance of a building permit U-
for lands within the Florida Forever targeted acquisition or Tier I lands areas unless, after 60 days 0
from the receipt of a complete application for administrative relief, it has been determined the
parcel cannot be purchased for conservation purposes by any county, state or federal agency or LO
any private entity. The County shall routinely notify Department of Environmental Protection of �
upcoming administrative relief request at least six (6) months prior to the deadline for
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administrative relief.
In accordance with Section 138-27 and Policy 101.7.3, staff recommends that administrative
relief be awarded in the form of a purchase offer by the Monroe County Land Authority; or
referral to the State of Florida Division of State Lands for potential purchase through the
Florida Forever Program.
In the event purchase is recommended and the owner refuses the purchase offer,the applicant may
remain in the ROGO System and continue earning perseverance points according to Monroe
County Year 2030 Comprehensive Plan.
Per Policy 101.7.1, refusal of the purchase offer by a property owner shall not be grounds for the
granting of a ROGO or NROGO allocation award.
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If the BOCC were to instead choose to grant relief to the applicant through an allocation
award for one dwelling unit on the subject property (138-27(g)(2)), the following would
apply:
Pursuant to Comprehensive Plan Policy 101.6.2 and LDC Section 138-24(a), in the Big Pine
Key/No Name Key subarea the annual maximum number of residential permit allocations that
may be awarded in Tier I shall be no more than one every two years. A Tier 1 allocation award
LO
was made on Big Pine Key in ROGO Year 28, Quarter 1 (Planning Commission Resolution P43-
19,November 19,2019). The first available allocation for a Tier 1 property on Big Pine Key would
be in ROGO Year 30, Quarter 1 (approximately July 13, 2021 —October 5, 2021). LO
Additionally, per Section 138-27(h), the number of allocations that may be awarded under
administrative relief in any one quarter shall be no more than 50 percent of the total available
market rate allocations available, excluding banked administrative relief allocations and those
allocations received from Key West, in a quarter for that subarea. Any allocations, excluding
banked administrative relief allocations and those allocations received from Key West, in excess
of 50 percent shall be extended into the succeeding quarter or quarters until the number of such
allocations is 50 percent or less of the total number of market rate allocations available to be W
awarded.
e(
As shown in the table below,the current number of banked administrative relief ROGO allocations
for the Big Pine Key/No Name Key subarea is zero (0). 2
N
Table-shm r,Thta l Market Rate Mocatms tkwi Qed,FaDW Years IS-27 availabie for A dmffm. .stratrre Rebef
Llflt t3 1Pru d� Unsed� U;n [1mse-9 Elftu L u:6adl l msa LInLsed T il�lllt L-
M t Rsta WASt Rate Mar t F to marks Fate Marl et F to Markat R.tmars at Rsta MAOat RFb M t Fate Ah� on at Rsta
0.
Sub-Am TTDmY'r 15 Vs Yr Y lromYr21 fro Yd22 frsmYrM fromYr tr Y'r2.5 fromYr It=Yr 7 � 0)
LC ar Vays 11 33 14 20, 9 0 0 0 0 15 LO
iP11 ra IUD lame Key ru 0 0 0 0 0 ru 0 0 ru
Wz Iays 0 0 0 15 15 2 0 0 2 33 �
r
Tula€Abxat tsc:Fi 11 44 14 21 2 o 0 2 1 V LO
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Not
a:°-This°tab1-a°dons -and-may-be-fays °to
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If relief were granted by an allocation award,it would come from the quarterly market rate
allocations available for the Big Pine Key/No Name Key subarea in Year 30. Ordinance 006-
2020, adopted by the BOCC on January 22, 2020, amended the ROGO allocation schedule
beginning Year 29. There will only be one (1) market rate allocation available per quarter for the
Big Pine Key/No Name Key subarea in Year 30. Based on the restriction that administrative relief E
awards may only be 50% of the quarterly allocation for a subarea, the allocation award would use
0.5 ROGO allocation from Quarter 1 and 0.5 ROGO allocation from Quarter 2, and the allocation
would be awarded in Year 30, Quarter 2 (approximately February, 2021); similarly, that
would leave 0.5 ROGO allocation in Quarter 1 and 0.5 ROGO allocation in Quarter 2 for award
to other applicants on the ranking list. No allocation would be made in Quarter 1. Two (2)
allocations would be made in Quarter 2 (one for administrative relief, one to a ROGO application
in the queue).
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ROGO Year 30 Allocation by Quarter
(July 13,2021—July 12,2022)
Annual Qtr 1 Qtr 2 Qtr 3 Qtr 4
Market Rate: Allocation
Big Pine Key and No Name Key 4(a) I(b) I(b) 1(b> I(b)
LO
CD
(a)Per CP Policy 101.6.2 and LDC Sec. 138-24(a): Tier 1 limit in Big Pine Key/No Name Key
Subarea shall be no more than one every two years.
(')Per LDC Sec. 138-27(h): Administrative relief awards shall be no more that 50% of quarterly
allocation.
For reference, in the last quarterly allocation period(Year 28, Quarter 2), two market rate ROGO
allocations were awarded in the Big Pine Key/No Name Key subarea by the Planning Commission
in February, 2020. The subject property/application was ranked number 26 out of 27 applications.
Of the 25 remaining applicants, 9 are Tier III; 13 are Tier 11; and 3 are Tier I, including the subject
property. As of the date of this staff report, one additional ROGO application has been submitted 0
for a market rate allocation in the Big Pine Key/No Name Key subarea(Tier II1).
Rank Permit Name Date Time Key Subdivision Lot Block RL# Tier Des.
0
MARKET RATE DWELLING UNITS
LO
a)
It 17105192 Alvarez,Rolando 4 Jan 18 10 50 AM Bag Pine W hrspering Pines Plat 3. W 00286130 00000'. 3 [
2 17105090 Merry,Conrad 13 Feb-'E6 9 ID AM Bag Pine Pine Channel Estates See_2 38 7 00250 i70 00000 3
3 17105659 LttlefielCMatthews 22-Mav-18 2:55 PM Big Pine Whispering Pines No. 30 00286280-90010 3 r•
4 18102794 Kreft Matthew 25-Maly-18 9:45 AM Big Pine Whispering Pines No.3 25 00286240-{]0000 3 t
5 18105792 Hanley,John 9-Jari 9:30 AM Big Pine Pine Channel Estates Sec.2 34 6 00249630-00000 3 �
6 @ 1210001I Peterson,Mark. 9-Apr-t2 12.37 PM Big Pine Doctors Arm Subd 3rd Add.Sec A 14 00312571..60156 2
7 19103417 Forsyth,Brian&Melissa 26-Nov-19 1:53 PIw4 Big Pine Pine Channel Estates Sec 2. 13 4 00248520-90000 3 {ry
8 19102941 Bonnici.Paul&Lisa 7-Jan-20 2 00 PM Big Pine Pine Channel Estates Sec 2 13 8 00250449 00000 3
cu
9 18105647 Pevdro,Francisco 1 I-Mar-19 11 50 AM Big Pine Pine Channel Estates Sec.2 2 5 00248840-00000 3
to 19101811 Vila.-Garcia lb-Nov-19 1 04 PM Big Pine Hollerich Subd. 43 00285480 00000 3
[1 19103704 Palermo Adam 10-Jan-20 ID 21 AM Big Pine Hoilerich Subd. 28 00285340-00000 3
12 10103161 Mackenzie,William 17-Sep-ID i 0 40 AM Big Pine metes and bounds 001 f 1880 00020_ 3 t8
13 14102030 Strickland.,Stephen 21-Sep-15 1G:10 AM Big Pine Doctors Arm tet.Add &2 7 003f2020 00000. 2
C4 D8101995 Perez Orlando 24-Jul-08 947 AM Big Pine Tropical Bay 31 003 f 2890 00000 C 2
C5 08102801 Bann(Rev.Trust) 14-00-08 2 27 PM Big Pine Doctors Arm let.Add. 3 5 003 f 1610 110000C 2
16 U5100259 Vasquez,Jovan 10 Aug-09 855 AM Big Pine Doctors Arm 3rd Add.Sec.B 5 00312572.00060 C 2.
17 09102047 Flinn,William 9 Nov-09 1 34 PM Big Pine Eden Pines Colony 3rd Add. 2 23 00271260 110000C 2
18 151030S-5 Soeher,David 12 Aug-15 2 20 PM Big Pine Doctors Arm 3rd Add.Sec.A 13 00312571.UO148 C 2
19 151013,174 Ash,Andrew 28-Jul--113, 2:20 PM Big Pine Tropical Bay 2nd Add- 2 2 003 f 3290 110000C 2
20 16104897 Kyle Kaiser E Trust 26-Sep-16 2 l0 PM Big Pine Doctors Arm 3rd Add..Sec.B t5 00312572..00168 2.
21 16107781 llrton,Timothy 6-Jan-17 9:00 AM Big Pine Doctors Arm Subd 3rd.Add.Sec..C t 00312573-00020 2.
22 17104430 Horvath Family Trust 28-Nov-17 8:30 AM Big Pine Tropical Bay 3rd Add. to 7 00313840-OOCOCC 2.
23 16103836 Rothdeutsch,Thomas 29-May-19 9:30 AM Big Pine Tropical Bay 3rd Add. 12 11 00314240-90000 2.
24 16103833 Rothdeutsch,Judy 30-Jul-f!) 1 50 PM Big Pine Tropical Bay 3rd Add 9 5 003 f3630-0000ce 2.
25 09102784 Pereira,Carlos 22-00-09 i 0:44 AM Big Pine Port Pine Heights 9 8 00290 f 90 00000. 1
26 15104795 Ridenhausen,Keith 9-Oct-15 11:00 AM Big Pine Part Pine Sleights 2nd Add. 6 37 00293150.00000 0 o
27 171D6948 Krieger,Steven 20-Mir-1 8 11 30 AM Big Pine Sands M 36 003050911 c 1
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IV. RECOMMENDATION
It is recommended that the Board of County Commissioners find that the applicant has met the
criteria and qualifies for Administrative Relief. Further, consistent with Comprehensive Plan
Policy 101.7.3 and LDC Section 138-27(d) and (g), staff recommends that relief be in the form of
an offer by the Monroe County Land Authority to purchase the property; or referral to the
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State of Florida Division of State Lands for potential purchase through the Florida Forever
Program.
LO
V. EXHIBITS
1. Administrative Relief Application
2. ROGO Application
3. Approved BPNN Q2Y28 PC 02.26.2020 Ranking
4. Resolution 3052002
5. Resolution 110-1999 6
6. LDC Section 138-27 & Comp Plan Objective 101.7 E
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0
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County of Monroe
11 annALWAronniental Resources Dept. � �3�a�€ d ait t cast �'a1a�uniih�b ners
,rs �i,a.�„ (ts�_.(t4a:r} �� Nlat Ht� athtr 11,
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November 20, 2019
Keith Raacienharlsea
1i11561-ltAsc:lac'r Dr y
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Dear Mr. F a£denhaausen:
l;.OGO Application was suhn&Ued for an alWatiort award Nnu pars ago and to date ON mg MKS a
u3I:iel nn '£ar11t_ing Or an ailloC HIOn arwani, However, an a1N"31&wu is Qjble to tiL[hnni Lui :al) di,-,;aaio € W
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�tia ,llri'� VaEi � 1 `t�ll. '7��l[4 01tl € lv,1 tip � rat and,
2) maas consider-e l in the last sixteen consecutive quarterly allocation periods, and
) has not YAW a.:1.1 an a lhca bon award.
hztc ! on 'o"a- ROtits application dates aaif Adnnnrstra£ti,,e Rcdict _ylpp3iirattrnn tr1 y be libel Uh Ou
l';.milOg & hvirunmental Rc':;OLH—ce5 Depial`tnnent no i;a£i"lta r tktn the close of to Awhor 15, 2014 clnaane C�
ai:,! rr€ l:at.a- tlaarn 1`0 days Sun le end of OcWher° 15, 2019 clu ar�te.r. `3"1ae last da), to snhnA .a cotnplete
AdAnknabse Relief Application is AprH 11 `0, 'You may go to the Tanning &. En ir€>nniontaal
Department or the Monroe County web site llttp://WW\ .nIC3lliOe,cOttnt� -
1i.p,o%/DocunntantCerate.r-/ Tiew/121/061.b17-a1clr7-Relief-Apia?hidld= to obtaain an Administraadvc RIfie1 _
Applicdation. Ile non wfundaable application lets is $1,01C)-00C
.ai,llr:.' la's nk an applWaation shall constitute ai waiver of any rit hIs that the sul7je t property ia.s. hccjI 1A c ri h•,.
aw ti ;_It! q «'] o3£I! pa nwrt orjust L:o11pen.4t[ wn as ai r sdi of the dwelling unit allo anion \st,.'Ju li VoU du �
101, f xtl,iranistnativ n Rohch, yetar:application will stilt remain in the WOO Sys.tert, if you need further 0
Contact meat ( {)}) 2�"9-251 3.
Vie• / v° {�`f// �±"�.-- �„�
t � laara� �;taanl;ia��rc��:,
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A E.:;\NE t .MNE 4�`E Ett?\MEE\""1.il.I' ()tE C'l'sDETAREVIE�IN"I"
Application for Residential Administrative Relief
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Application I ee:S1,010.00
t17 cad(lirlolr to ltrc Cr/)h,'rc ratrt,))/r e, the filhnt it t;iccs 411s)o oplrl?;`
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WITHIN SIX tMON]I1S 01 ADNIINIS'l RA I ITAL. IF YOU I-IAVI,;
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(Please attach a tuxanre i statclnelit,tuthori:ing rcp,rc,entalion of this application by all propertq o%%ner;.
I`hestatcn�cnt Should read: 1. t�)z,�ncl, 'Inine)authorize ondfi%idoai Non ale aalholvingto represent 4'01-13 LO
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----------
This instrunnent was prepared by:
Naine
:'dairess
kk�ycv IS. Nu 2,2159264
pace above this lime for record rt;d ata p
k trck..()1}( zk and MAP Mickolyc:M his w ih_-
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Keith P. Rade_hau stun and MAN A Rad nnuusen, his AN-, �
4z'Itz I7z:fsf i..flr:c. adci sc:�:. is =7 ia,� Matterhorn Hood,. Jacksonville, F 3221_t?
4 Ow Coma of ,Slot,of F Lori a,
Wat utE a 'a,..eta t ti d i;emt ra kar and in r_7n atl t tan A 1h 'z aa•of (U
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nd „ry.r p i and va a£able csanMderastiurts w sAd granto in hand I„asa by sail ,raratz•e, the re;E il,t.y u. „&^,he,.
x k.w4twd, ha a granted,d, barr,aanad and Sold to the said yt sf-oMv mid g"MA ha";ad „ti a`on vca dw sGtls,z
,[c's,AN. lat!-',Mwaw 1}' g and bMg hn `OfJME s Jriv r„t r.ta;, kz .r:.
aOk' a, BLOCK 37, POR? PINE 2ME) ADDITION, cocd nq i'o he ol at LO
thereof .as recorded in Plat Book 4, Page 167, in the Public Records d 01,
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_ lam ,TI. 1.7 P. Taxes For the .,r ,:=f 4 gr and all suhsarluant qE'`1_s„ r..
t 1c t ions, conditions, limitations and 2asurents e, cccord. Q,
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in v' itriess Wherecd, e,aotor has hi reunlo so paaznWi& land and s"! the day and year hn ab.z,c ,, ittun �
':ilod delivered En our pre.' encc'. (�
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FWRIMY Cl-6c1_f l that on this day detotc :a<,are t,rr,cer'duly yuaM&d W Mko a.1.:.-aw a,,:.neant. paymMly aN-u&
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Packet Pg. 3791
QUIT-CLAIM DEEDr P.9.b
THIS QUIT-CLAIM DEED, is executed this M day of
by Keith P. Radenhausen, Husband and Leslie A. Radenhausen, Wif �
hereinafter referred to as 'First Party", whose address is 563
Via _te:rhorr I Jacksonville, Florida 32216 to Keith P. Raden1la sen, alb
m tterhorn Read, Jacksonville, Florida I�cres,xa,:ier :refE rx r-ci to as
"Second Party" .
V)ITN SSETH, that the First Party, for and in consideration
of the sum of $"i C -00 in hand Paid by the said Second Party, the rece:i.t I
whereof is hereby acknowledged, does hereby remise, release and
gt�it�-claim unto the Second Party, all right, title, lntes e.t, and
clasaa
which the First- Party has in and to the foll.owing descr-shed lc Pike
or parcel of land, situate, lying and being in they Coup t'
` L Lc! of Florida, to wit' _ , r
Lur 6, BTI C?C;ft 37, PORT PINE HEIGHTS, 2ND
ADDI°r.ION, according to the Plat thereof
as recorded in Plat Book 4, page 167,
the Public Records of Monroe County, k
Florida. r�
Su2s: ect: To: Taxes foe the year 1989 and all, LO
�l> 1 i=ni y �,r _.... r
Subject: To: Restri.cts.ons, conditions, limitations and easements )f
record.
"l'C !-,'AVE AfVI7 jjOLLi the s.a�sse, k.ugerher C,) , all Hid �Da.f j a i`
,� i�ui.t.enanc.es thereunto, of all .i.nteresa'-, € erui.Ly and claim whaLsoe. zits �
the I i.rst Pasty may have, either in law or' equ .ty, for the i� oper se v S eU
belle-fit and behalf of the Second Party forever.
IN WITNESS WHEREOF, the First party has signed and scale(] these �
presents the day and year first above written. �
1 1 a h: Tbl �'vzzt r a r %i r' ._..
K il.1� '� Eadehhausen Leslie A_ Radenhaua,en -�
icat, C =s rlc=.d a.nd del.ivei: d :in presence of LO
17
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COUNTY OF DUV'AL
me, an of accr ciu� �
I. IHEREBYC`5 ItI'3kY t�.t�aA can this day, before Y
authorized in the State aforesaid and in the Co nLy alr7 e said to take
acknowledgements, personally appeared Keith P. Radenhausen and Leslie A.
Radenhausen, known to be the Persons described in, produced
as I.D. and who executed the foregoing i.sat>trumcn€:. r
and acknowledged before ine that. they executed the same.
t,JTT ESS iILv hand and offic a] seal i.zi tJze State ana
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Property tax Business Tax V Property tax AND Business Tax
RRpEtVHRUSEN KEITH P Rr;11 E[;C .t 1�634 9i-UE LAGOON 51,13iG PING Kr
Vwner adarass
RAaENHAUSEN'KEITH P
10156 Heckscher Or , Get Bills by Email
Jackson,I[e,FL 32226.2508 _
Apply for the 2020 Instalimerlt Payment plan
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PAID 2019-11-14 S108.25
Receipt16125-15-00001399
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gPublic.net - Monroe County, FL, - Deport: 0029 7150-0(30000 page 1
ic.net" Monroe County, FL
[disclaimer
The Monroe County Property Appraiser's office maintains data on property within the County solely for the purpose of
fulfilling its responsibility to secure a just valuation for ad valorem tax purposes of all property within the County.The Monroe
County Property Appraiser's office cannot guarantee its accuracy for any Other purpose.Likewise,data provided regarding
one tax year may riot be applicable in prior or subsequent years.By requesting such data,you hereby understand and agree
that the data is intended for ad valorem tax purposes only and should not be relied on for any other purpose-
By continuing into this site you assert that you have read and agree to the above statement.
Summary
Parcel to 00.293150-000000
Account# 1365319 r� ,.>, ". LO
Property to 1365319
Miltage Greup 1001-1.
a
Location Address 3G34 BLhJt E.ttGOON SL,EI!G PINE KEY
LegalDeseriptlon SK37LT6PC3RT PINE HE[GHI,S2NDADD BIG PINE KEY P134-167OR596-186OR104Y-139
OR1088-1605OR1369 51,5 4 LO
Neighborhood 644
Property Class VACANT RES(0000)
Subdivision PORI PINE HEIGHTS 9ND.40D
Sec/Twp/Rng 04/66/29
Affordable No
FEousingE�Ll `LrrE FY I
r Fd L q a 'g
7S� it 619 41aa
Owner �
BADE NHAUSFN KE!'IH P
101.56 fieckst.her Di
Jacksonville FL 32226
Valuation LO
2019 2018 2017 2016
r Market Improvement Value s0 $0 $0 $0
+ Market Misc.Value $0 $0 $0 $0 CD
M tketLandValue $1.S,926 $18,926 $16,223 $19,294 LO
P'
= 1ust Market Value $18,926 $18,926 .$16.223 $19,294
Total Assessed Value $18,926 $17,845 316,223 $19,294 ,
School Exempt Valve $0 $0 $0 $0
School Taxable Value $18,926 $18,926 $16,223 $19,294
Z
Land
Land Use Number of Units Unfit Type frontage Depth
RESIDENIIA.L CANAL UN PERMITTED(01CM) 5.250-00 Square Foot SC 105
P'
Sales
Sale Date Sale price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved
4/1/1..989 S23,500 warranty Deed 1088 1605 Q Qualified Vacant
4/1./1988 .51ci.500 warranty Deed 1048 139 Q-Qualified Vacant UJ
2/1/1974 53,300 Conversion code 596 JIM Q-Qual4ied Vacant ¢1
View Tax I nt0
.ar
Photos
Packet Pg. 34
litips://gpLib ic.schiieidercorp.com/Ap licatio .aspx?AppiD 605&L,ayerlD-99�16&Pa e`Ty.., 79
P.9.c
"ny MONROE COUNTY,FLORIDA
{ PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT
T ,i,',1 '
ji
Residential Permit Allocation (ROGO)Application
Monroe County Land Development Code Section 138-19 �
Application Fee: $/48.00 [MCC Section 138-25(b)nonrefundable fee]
(NO APPLICATION FEE FOR AFFORDABLE HOUSING)
PRINT AND ATTACH A COPY OF A PROPERTY RECORD CARD. IF YOU HAVE QUESTIONS OR
WISH TO MAKE AN APPOINTMENT TO DELIVER YOUR APPLICATION, PLEASE CALL THE
GROWTH MANAGEMENT OFFICE CLOSEST TO YOUR PROJECT. [Marathon: (305)289-2500; Key
Largo: (305) 453-8800] ONCE THIS APPLICATION IS ACCEPTED AND DEEMED COMPLETE,
REVISIONS MAY BE MADE PURSUANT TO LAND DEVELOPMENT CODE SECTION 138-25.
Owner(s)Name: t� }
(Business+Corp Documents showing who is authorized to sign)
PC Mailing Address:I .Ctc : n � lam' rate: r- ip i I to
"72.—
Agent's Name: i W)
in
Mailing Address: I-' _ �City:.- 4 a P, _ _State: Zip:
(Required for agents:are agent authorization for the ROGO Application from Cl roperty owners)
PROPERTY DESCRIPTION:Lot Block 37 Subdivision a ilts
Key(island)• - ke,Street: 3C,3 4 MM• RE: Oc a q 3 IS pm
If metes and bou ttach legal desc ion on separate sheet.
Unit Type(select I category):
A) Affordable/Employee Housing Unit or
B)Market Rate Residential Unit:(select I category):
Commercial Apartment:m a Dwelling Unit: Mobile Home: others: to
ram.
Check Yes or No. If yes, attach the requested documents:
- -
CD
e project is combining contiguous lots in a legally platted subdivision in an area authorized for T-
Yes No_ aggregation[see MCC Section 138-28(4)]. T-
Please attach a copy of a proposed restrictive covenant limiting the number of units on the property and
running in favor of and enforceable by the County. No points for aggregation shall be awarded for any
application that proposes the clearing of any native upland habitat in a tier III-A(Special Protection Area)
a.No aggregation of lots will be permitted in tier I.
The proposed unit(s)will be affordable housing. Required: Please attach a copy of a current affordable
Yes No housing approval from the Planning Department.
N
MCC Section 138-24(c),"No affordable housing allocation shall be awarded to applicants located within a _
tier I designated area,within a V-zone on the county's flood insurance rating map, or within a tier III-A
(special protection area if clearing is proposed for any portion of an upland native habitat."
The applicant(s)is/are requesting market rate housing points,pursuant to MCC Section 138-28(6),because
Yes_ N the proposed unit is an integral part of employee or affordable housing project.
e proposal includes dedication of vacant land pursuant to MCC Section 138-28(5).
Yes No'
Required attachments with this application are: 1) letter from the Biologist stating the property is
dedicateable,2)proof of ownership,including a copy of current Monroe County Property Record Card and
a copy of the recorded deed showing you as the property owner,3)complete copy of title insurance policy
and current Opinion of Title, 4) proposed WARRANTY DEED(S) (Quit Claim Deeds will not be
accepted), and 5) land dedications must be in the same ownership as the owner listed above unless the
applicant has an approved land dedication certificate.
Please list the RE:'(s)of the land to be dedicated:
_ The applicant(s) is/are submitting monetary payment to the County's Land Acquisition Fund for the
Yes No Purchase of County of land for conservation and retirement of development rights.
Maximum of two points may be purchased. Each point is$7,966.57.Number points
purchased and to be paid on date of this application submittal/acceptance by the Planning&
Environmental Department with a Money Order or Cashiers Check.
Applicant to initial and date each page I .- Application Number
ROGO APPLICATION REVISED 12.03.2014 Page 1 of 2
Packet Pg. 3795
I certify that 1)I have read and examined this application including attachments and know same to be true and correct;2)
All provisions of laws and ordinances governing this type of work are complied with whether specified herein or not,
including the provision of Local,State,or Federal requirements regulating construction or the performance of construction;
and 3)Time periods for County action set forth in Section 110-142 of the County Code are hereby waived.
Additionally, I understand an application for administrative relief may be submitted to the Planning & Environmental
Resources Department as prescribed by the Director of Planning;however,an application for administrative relief may not be
submitted before the conclusion of the sixteenth quarterly allocation period and no later than one hundred eighty days
following the close of the sixteenth quarterly allocation period based on the current ROGO application.
Furthermore, I acknowledge if the property is sold the rights to the ROGO Application and/or Administrative Relief
Application will automatically transfer to the new property owner of record.
APPLICANTS ON BIG PINE Key &NO NAME KEY ONLY: I understand there is a mitigation requirement for new
residences, non-residential floor area and institutional uses on Big Pine Key &No Name Key in order to ensure that
development bears its fair share of the required mitigation under the Federal Incidental Take Permit(ITP). Prior to the permit
issuance all mitigation requirements shall be satisfied according to the ITP for each H value impacted by the proposed
development in accordance with the three to one H mitigation ratio in the Habitat Conservation Plan.
LO
Pursuant to Section 122-8 of the Land Development Code, development that occurs within areas designated as "Species
Focus Areas(SFAs)"or"Species Buffer Areas(SBAs)"within unincorporated Monroe County will be reviewed pursuant to r
the"Permit Referral Process"to ensure compliance with the Federal Endangered Species Act(ESA). LO
r
Note: Properties requiring FWS technical assistance who receive an allocation award pursuant to Monroe County will be
issued an allocation pursuant to Monroe County Code Chapter 138. Some applicants may or may not obtain the required
FWS technical assistance prior to the expiration of the allocation award and/or permit. If the allocation award/permit m
expires the property would be subject to the process again.
ature of Notary Signature of Applicant Date
.
hAc 'a
Sworn to and subscribed to before me this_day of 2 PANT NAMEApplicant Iq u( _or Agent signing)
is sonaLO
lly kn wn to me or has produced as identification and who did(did not)take an oath.
LO
TO BE COMPLETED BY STAFF-DATE: TIME: m PERMIT#
Fop, SU[ANNE F.DOWLING
14 Notary PubI •State of Florida Commission FF 233113
My Comm.Expires May 20.2019
0d Sondrl through National Notary Assr
Applicant to initial and date each pa a =_.. Application Number: 15)
ROGO APPLICATION REVISED 12.03.2014 Page 2 of 2
Packet Pg. 3796
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(Date)
I hereby authorize tjcbe listed as authorized agent
(Name of Agent)
for t for the ROGO application submittal for
(Name of Property Owner(s)the Applicant(s)) I
le
Building Permit Application # D fo roperty described as Lot: Block T-
Subdivision: m a` we A A Key (island): 1
and Real Estate number: I _ o 0 0a y
This authorization becomes effective on the date this affidavit is notarized and shall remain in effect until
terminated by the undersigned. This authorization acts as a durable power of attorney only for the purposes
stated.
m
The undersigned understands the liabilities involved in the granting of this agency and accepts full responsibility W
(thus holding Monroe County harmless) for any and all of the actions of the agent named, related to the
acquisition of permits for the aforementioned applicant.
LO
Note: Authorization is needed from each owner of the subject property. Therefore, one or more authorization
forms must be submitted with the application if thpke are multiple owners.
LO
Property Owner(s)Signature
A' -
Printed Name of Owner(s)
NOTARY:
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of µ tl ,20
l is personally known produced identification
Type of Identification),did/did not take an oath.
Notary: CHRISnNAWEINHOFER
MY COMMISSION Y FF 023534
Ia:cca EXPIRES:October3,2017
Borsded Thru Notary Public Underwriters
PAGE`1 OF 1
9/2007
Packet Pg. 3797
- Property Search -- Monroe C nty Property Appraiser Page 1
Scott F. Russeil,. CFA
Property Appraiser
Key West (305) 292-3420
Marathon (305) 289-2550
� Monroe County, Florida Plantation Key (305) 852-
The Offices of the Property Appraiser will be Cl&gbbe�
the 12th for Columbus Day. Requires Adobe Flash
10.3 or higher
LO
Property Record Car -
LO
Maps are now launching the new map application version.
AlternateKey: 1365319 Parcel ID: 00293150-000000
Ownership Details
Mailing Address:
RADENHAUSEN KEITH P
14644 CAMBERWELL LN N
JACKSONVILLE, FL 32258-1711 `✓
uy
Property Details
LO
PC Code: 00-VACANT RESIDENTIAL r-
Millage Group: 100H
Affordable Housing: No
Section-Township-04-66-29
Range:
Property Location: 3634 BLUE LAGOON ST BIG PINE KEY
Subdivision: PORT PINE HEIGHTS 2ND ADD N
Legal Description: BK 37 LT 6 PORT PINE HEIGHTS 2ND ADD BIG PINE KEY PB4-167 OR596-186 OR1048-139
OR1088-1605 OR1369-515 —
http://www.mcpafl.org/PropSearch.aspx
Packet Pg. 3798
Property Search-- Monroe Canty Property Appraiser Page 2 p g c
Click Flap Image to open interactive viewer
3370 _ 293170 Z 292971
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Land Details
Land Use Code Frontage Depth Land Area
M10C-RESIDENTIAL CANAL 50 105 5,250. 10 SF
Parcel Value History
Certified Roll Values.
http://www.mcpafl.org/PropSearch.aspx
Packet Pg. 3799
Property Search-- Monroe C�ty Property Appraiser Page 3
View Taxes for this Parcel.
Roll Total Bldg Total Misc Total Land Total Just Total Assessed School Exempt School Taxable
Year Value Improvement Value Value (Market)Value Value Value Value
2015 0 0 26,972 26,972 26,972 0 26,972
2014 0 0 27,563 27,563 27,563 0 27,563
2013 0 0 30,319 30,319 28,495 0 30,319
2012 0 0 25,905 25,905 25,905 0 25,905
2011 0 0 27,269 27,269 27,269 0 27,269
2010 0 0 32,813 32,813 32,813 0 32,813
2009 0 0 32,813 32,813 32,813 0 32,813
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2008 0 0 32,813 32,813 32,813 0 32,813
ram.
2007 0 0 26,250 26,250 26,250 0 26,250
CD
-
2006 0 0 31,500 31,500 31,500 0 31,500 LO
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2005 0 0 18,900 18,900 18,900 0 18,900
c)
2004 0 0 31,500 18,900 18,900 0 18,900
2003 0 0 18,375 11,025 11,025 0 11,025
2002 0 0 18,375 11,025 11,025 0 11,025
2001 0 0 18,375 11,025 11,025 0 11,025
2000 0 0 18,375 11,025 11,025 0 11,025
1999 0 0 18,375 11,025 11,025 0 11,025
1998 0 0 13,125 7,875 7,875 0 7,875 _
1997 0 0 13,125 7,875 7,875 0 7,875 u3
1996 0 0 13,125 7,875 7,875 0 7,875 1le
CD
1995 0 0 13,125 13,125 13,125 0 13,125
LO
1994 0 0 13,125 13,125 13,125 0 13,125
1993 0 0 18,375 18,375 18,375 0 18,375
1992 0 0 18,165 18,165 18,165 0 18,165
1991 0 0 21,000 21,000 21,000 0 21,000
1990 0 0 17,063 17,063 17,063 0 17,063
1989 0 0 14,700 14,700 14,700 0 14,700
X
1988 0 0 13,650 13,650 13,650 0 13,650
1987 0 0 11,813 11,813 11,813 0 11,813
1986 0 0 10,500 10,500 10,500 0 10,500
1985 0 0 9,877 9,877 9,877 0 9,877
1984 0 0 9,877 9,877 9,877 0 9,877
1983 0 0 9,877 9,877 9,877 0 9,877
1982 0 0 9,877 9,877 9,877 0 9,877
Parcel Sales History
NOTE: Sales do not generally show up in our computer system until about two to three months after the
date of sale. If a recent sale does not show up in this list, please allow more time for the sale record to be
processed. Thank you for your patience and understanding.
Sale Date Official Records Book/Page Price Instrument Qualification
Packet Pg. 3800
http://www.mcpafl.org/PropSearch.aspx
Property Search -- Monroe my Property Appraiser Page 4
4/1/1989 1088/1605 23,500 WD Q
4/1/1988 1048/139 16,500 WD Q
2/1/1974 596/186 3,300 00 Q
This page has been visited 215,410 times.
Monroe County Property Appraiser
Scott P. Russell, CFA
P.O. Box 1176 Key West, FL 33041-1176
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County Attorney
RESOLUTION NO. 305 -2002
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, D THE BOARb!S APPROVAL OF A
RECOMMENDED BENEFICIAL USE DETERMINATION PROMULGATED BY
E SPECIAL MASTER, IN RE- RACHEL MARIE BROOKS, STEVEN B.
ANDCAROL BROWN, THOMAS F. AND PATRICIA COLLINS, DONAl b.
DAVIS, RICHARDJ. JOHNSON, JOSEPH C. AND ELbA S. MAGRINI.,
CHARLES W. AND SU.'SAN M. PEABObY, JR., KEITH P.
RADENHAUSEN, PAUL F _REUTER -
LO
WHEREAS, on January 4, 1996, the Monroe County Year 2010 Comprehensive Plan became
effective, and
WHEREAS, the applications of the above applicants for determination of beneficial use was �
heard by Special ,faster John J. WoIfe on December 18, , now therefore:
BE IT RESOLVED BY THE 80ARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA,that;
CD
The Findings of Fact, Conclusions of Law and recommendations of the Special Master as set CLOD
forth in the Proposed Beneficial Use Determination are APPROVED and it is determined that the
applicant has been deprived of all economic use of their property and that the appropriate
remedial action is just compensation by purchase of the lot in accordance with the applicable y
provisions of the Plan and the Code.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of the Board held on the 17th day of July , 2002.
;p. M
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Mayor Charles McCoy yes
yor Pro Tem Dixie Spehor yes : CD 0)w
" rnissfoner MurrayDel on not present .
'rssioner George Neu
gent yes
missioner Bert Jimenez yesCD
BOARD OF COUNTY COMMISSIONERS
Attest: l-A L. KOLHACE, Clem OF MONROE COUNTY, FLORIDA
Bya
beputy Clerk Mayor/Chairman
APPROVED
RT
DATE � z
Packet Pg. 3803
BENEFICIAL USE
MONROE COUNTY SPECIAL MASTER
In Re; Rachel 1M aric Brooks
Steven B. and Carol A. Brown
Thomas F. and Patricia Collins
Donald Davis
Richard J. Johnson
Joseph C. and. Elda Stephanie Magrini
Charles W. Peabody, Jr. and. Susan M. Peabody
Keith P. Radenhausen
Paul F. Reuter LO
-Beneficial Use Applications
PROPOSED
BENEFICIAL USE DETERMINATION 0
The above entitled matter was heard at a duly-advertised and regularly scheduled, public <
hearin-on December 18,2000.before John J.Wolfe,designated beneficial Use Special Master.The
Applications for a Determination of Beneficial Use filed by each of the above applicants (the
"Applicants"), involve substantially identical issues and were consolidated for purposes of this LO
Hearing by agreement of the Applicants and. Monroe County. Andrew Tobin represented the
0
Applicants. Assistant County Attorney wren Cabanas, Director of Planning, Marlene Conaway,
Assistant to the Planning Director,Julie Thomson,and.Biologist,Ralph Gouldy,represented Monroe 0
County.
ISSUE
Whether the Applicants have been denied all reasonable economic use of their property by
application of Objective 301.2 of the Year 2010 Comprehensive Plan(the"Plan"), and Section . -
2 2 of the Monroe County Cade(the"Code"),and whether the Applicants are entitled to relief under
Policies contained in Objective 101.18.5 of the Plan and Section .5-173 of the Code.
FINDINGS OF FACT
1.All properties of the Applicants subject to this Hearing are unimproved Tuts located on Big
Pine Ivey, and are zoned Improved Subdivision (IS).
2. The Applicants purchased their respective lets which are the subject of this Hearing(the
"Lots"), as shown below on the elates indicated below:
Packet Pg. 3804
�lic nt sl Lot. Block Number Purchase
Bate
Rachel Marie Brooks Lots 2 and 3, Block 8 01384551-000000 &: 7`151177
Doctors Arm Subdivision 01384542-000000
Steven B. Brown and Lot 25 Block 4 Pine 0024864-000000 5/15/91
Carol A. Brown Channel Estates, Sect 2
Thomas F. Collins and Lots 1 & 2, Doctors Arta 00312570-000200 & 4i25i91 &
Patricia Collins Subdivision 3" Addition 003125710-000300 5/15./87LO
Donald Davis Lot 38, Section.B Doctors 00312572-0039001 812/82 �
Subdivision
Richard J. Johnson Lot 1, Block 12, and Lot 00314250-000000 & 417/86 &.
10, Block 11, Tropical Bay 0031.4220-000000 4115/90
3"Addition.,
Joseph C. Magrini and Lot 21, Block 4, Fine 00248600-000000 10./29P94
Elda Stephanie Magrini Channel Estates, Sect 2
N
Charles W. Peabody, Jr. Lot 26, 27 & 28, Block 5, 0031.1840-000000 &. 4/27/78
and Susan M. Peabody and Lot try, Block. 7, 00311850-000000 + LO
Doctors Arm Subdivision 00311860-000000 &
V Addition 00312230-000000
0
Leith P. Radenhausen Lot 6. Blue Lagoon Street, 00293150-000000 3/31T89
Port Pine Heights 21"d
Addition
Paul. F. Reuter Lot 1 , Block 3. Pine 00248160-000000 119J95
Channel Estates, Sect 2
. All of the Lots are upland scarified lots, and, as such, do not have on site environmental
constraints to development.
4. There currently exists a moratorium(the-Moratorium")on all development activities on
Big Pine Ivey which could generate additional trips. The Moratorium exists pursuant to Objective
301.2 of the Plan and Section 9.5-292 of the Cade. Objective 301.2 directs the County to "Ensure
that all roads have sufficient capacity to serve development at the adopted LS standards concurrent
with the impact of said development." Section 9.5-292 establishes a minimum Level of Service
Packet Pg. 3805
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("LOS") C for each road segment of U.S. Highway 1.The Big Pine Key segment is below the LOS
C threshold. Therefor, the segment is considered inadequate and subject to the Moratorium.
5. A Habitat Conservation Plan is being prepared. for Big Pine Key which will include
requests for permits from the U.S. Fish and Wildlife Service for road improvements which should
improve the LOS on U.S. Highway l. However, completion of such plan and permitting approvals
may be several years in the future. Even if approval is obtained, funding, design and construction
will further increase the time before improvements can be shade to the road segment.
6. The Applicants failed their Applications for Determination of Beneficial Use in Januan,
1997, almost four years prior to the date of this Hearing.
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CONCLUSIONS OF LAB' �
7.The Lots are designated Improved Subdivision(IS).which allows one residential dwelling
per lot.
S. The provisions of Objective 301.2 of the Plan and Section 9.5-292 of the Code, have
resulted in the Moratorium. As a result,the Applicants are not able to obtain a building permit even
if they were able to obtain a POGO allocation.. Any relief from the Moratorium is unlikely before
the passage of at least several more years Clue to the uncertainty surrounding the Habitat
CD
Conservation Plan being prepared and what effect it may have on future development. Titus,as theCD
Planning Department agrees with, due to the combination of the Moratorium and the unique �'
environmental constraints affecting Big Pine Key, the Applicants have been denied all reasonable
economic use of the :Lots within the meaning of Policy 101,18, o
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9. The preferred relief under Policy 101.18.5 of the Plan and Section 9.5-173 of the Code,
when beneficial use has been deprived,but is required to protect the public health,welfare or safety
is government purchase of the property for just compensation, This is also consistent with Policies
207.7.3 and 207.7.4 of the Plan to identifv key deer habitat areas as priority acquisition sites and to
coordinate programs for acquisition with federal, state and non-profit conservation organizations.
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10.. The Applicants and the Planning Director have agreed that government purchase of the
Lots for just compensation is the preferred relief. E
PROPOSED DETERMINATION
AND
STATEMENT OF REMEDIAL ACTION
n accordance with the provisions of Section 9.5-171 of the Code, my proposed
determination is that the Applicants have been deprived of all reasonable economic use of their
property by the operation of the Plan and Lana Development Regulations of the Code, and that the
appropriate remedial action is just compensation by purchase of the Lots in accordance with
Packet Pg. 3806
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applicable provisions of the Plan and the Code.
DONE AND ORDERED this 25th day of.tune, 2001.
John J. W if
p-ecial'master
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P.9.f
County Attorney
RESOLUTION NO.. 110-1999.
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. 1N RE: THE APPLICATION )F DOROTHY ABB TT ET AL. .�
WHEREAS, on January 4, 1996, the Monroe County Year 2010 Comprehensive Plan LO
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 Dorothy Abbott, et al. 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 Dorothy Abbott, et al, is accordingly, DENIED.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of the Board held on the 1 th day of March, 1999.
Mayor Wilhelmina Harvey
issioner Shirley Freeman y
i ioner George Neugent yes
yes
r caner Mary Kay Reich
e
� y
"ii�aner Nora Williams �
F
t BOARD OF COUNTY COMMISSIONERS
L. KOLHACE, Clerk OF MONROE COUNTY, FLORIDA
B By
Deputy Clerk Mayor/Chairman
A111OVE AS TO FORM
LEG S cr Cy
ivrabbott
ROBERT ht LFE
DATE
Packet Pg. 3808
BEFORE THE VESTED RT+GHTS HEARING OFFICER
1V ONROE COUNTY, FLORIDA
In Re. the applications of: ABBOTT, DOR+lDTHY, Lets 9 & 10, Blk 1, Fine Hammock;
Lot 6, Blk 16, Palm Villa, BERNARD, LANNOX & JEAN, Lot 7, Blk 4, Center Island;
B ENNER,, WA E., 45 Lots, Center Island; BROOKS, RACHEL, Lots 2 & 3, Blk 8,
Doctor's Arm 2nd Add.; BROWN, STEP HEN B., Lot 25, Blk 4, Fine Channel Estates Sect. 2;
B STYN, S , Lot 11 Blk 9, Center Island; CITIL INVESTMENTS
NTS y
CORPORATION, 131 Lots in Reformed Plat of Grassy Hey Beach; COLLINS, THOMAS &
PATRICIA, Lots 1 & 2, Doctor's Arm Subdivision, 3rd Add., Sect. A; CUNNINGHAM,
THOMAS & CARMEL, Lot 11 & I IA, Torchwood West Unit 1; DAVIS, DON,ALD, Lot 38,
Doctor's Arm 3rd Add.; DEL 'VALLE, AURELLO, Lot 24, Blk 10, Center Island.; DUNST,
A S, Lot 5, Blk C, Waloriss Subdivision; FRIEDMAN, JAMES, Lot 19, Blk 3, Center Island; 6
GARCIA, ANTONIA, Lots 9, 10, 15, 16, 17, 18, 23 & 24, Blk 10, Thompson. Sub.; GARDNER,
TED & VICTORIA, Lot 2, Blk 19, Coca Plum Beach; GIL, RUDOLFO & ALINA, Lot 14, Blk
3, GON ALE , JORGE, Lot 12, Blk 4, Center Island; GONZALEZ, REGINA, Lots 13 & 14
Blk 4, Center Island; GULFSTREAM LP, 66 Lots, Sect. A, Ecstasy Sub.; 18 1/2 Lots, Vallhalla
Island; GUTIERREZ, SALVADCRE, Lots 6, 7 & 8, Blk 5, Harbor Shores; HILL, JACK, Lots 1,
21 & 22, Blk 9, Thompson Sub.; IGLESIAS, ERNESTO, Lots 24, 25 & 27, Blk , Thompson
Sub.; JCI-INSON, RICH , Lot 10, Blk 11, Lot 1, Blk 12, Tropical Bay 3rd Add.; KUHN,
CHARLES & JOANNA, Lots 14 & 15, Blk 8, Center Island; LANG, MICHAEL A, Lot 10 &
1/2 9, Blk 2, Torchwood West Emit 2; LEVINE, ARNOLD, Lots 13-16, Blk 2, Rainbow Beach
Estates, LOSCHIM, INC., Lot 3, Blk 10, Center Island; MAGBJNI, JOSEPH & ELDA, Lot 21,
Blk 4, Pine Channel Estates, Sect. 2; MAY, RICHARD C. Lot 21, Blk 3, Center Island;
MILANO, ALF I D., Lot 6, Sugarloaf Beac .; FF„ THG S 0., Lots I & 2, Sqr A, Lots -
3-9, Sr. A, Lots 1, 2, 15 & 16, Sqr. B, Crains Sub.; NIGHLAND, Y, Lot 15, Blk 2,
Torchwood West Emit 2; NOR.LING, NILS & MARY, Lots 2 & 3, Blk 14; OCEAN ISLE �
TRUST, 64 Lots, Ocean Isle Estates; PEAB GDY, CI ES & SUSA.N, Lots. 26, 27, 28, B I k 3,
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Lots 21 & 22, Blk 7, Doctor's Arm Sub.; PISTINER, MARK & MELANIE-, Lot 29, Doctor's
Arm, 3rd Add.; PGSTEN, CHARLES, Lots 21 & 39, Blk 3, Lot 24, Blk 4, Buccaneer Point; R&
C PARTNERS, LTD., Lot 33, Sombrero Island, Lot 12-A, part of Tract 10, Edmond's Acreage
Tracts; RADENHAUSEN, KEITH P., Lot 6, Blk 37, Port fine Heights, 2nd Add.; RETER,
PAUL F., Lot 14, Blk 3, Pine Channel Estates Sect. 2; RFM DEVELOPMENT CORP., Lots 16 E
& 20, Blk 3, Center Island; RODRIGUEZ, EUGENIO & NORA, Lots I & 12, Blk 3,
Thompson Sub.; SCHNEIDER, RGBERT J., Lots 1 & 2, Blk 4, Silver Shores Estates; SMITH,
RALPH, 15 SF Lots (VR 1), Lots 9-12, Blk 15, Coco Plum Beach; SYKES, MAR CIA, Lot:
10-12, Sqr.,A, Crains SD; TEST, HUBERT & MARILYN, Lot 22, Blk 3, Matecumbe Ocean
Bay, Sect 1; and TSAVDARIS, JACK:, Lots 1, 2& 9, Blk 13, Center Island,
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RF, MENDED ORDER DENYING VESTED RIGHTS
THIS CAUSE carve on to be heard by the undersigned Monroe County Vested Rights
Hearing Officer on April 27, 1998, at which time the undersigned reviewed the applications and I
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exhibits, heard oral presentation of witnesses, and heard the argument of attorneys on behalf of LO
the Petitioners and Monroe County.
Subsequent to the hearing referred to in the preceding paragraph, the undersigned
received and reviewed a Memorandum of Law submitted on behalf of the Petitioners. That �
Memorandum contained an exhibit consisting of 377 pages detailing the legislative history of
Senate Bill 629, which is now codified.. as Section 38 .0 18), Florida Statutes. �
The undersigned also received and reviewed a Recommended Vested Rights
Determination prepared by counsel on behalf of Monroe County.
Finally, the undersigned has received and reviewed transcripts of the aforementioned
hearing of April 27, 1998 on the above-referenced matters.
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.FINDINGS OF FACT
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1. With one exception, the Petitioners in this cause own platted lots that were recorded
in the Public Records of Monroe County prier to the September 15, 1986, Florida Keys
Comprehensive Flan, which playa pre-dated the current ROB and the Year 2010 Plan. -
. Petitioner Alfred D. Milano's petition pertains to a lot in a subdivision which was y
platted in 1989, subsequent to the effective date of the 1986 Florida Keys Comprehensive Plan. >
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I The Petitioners in this cause have all filed petitions to confirm vested rights to build
one single-family home per platted lot, relying on the language contained.. in Section 380,0 18),
Florida Statutes, which reads as follows,
Neither the designation of an area of critical state concern nor the adoption of �
any regulations for such an area shall in any way limit or modify the rights of
any person to complete any development that has been authorized by
Packet Pg. 3810
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registration of a subdivision pursuant to chapter 498 or farmer chapter 478, b
recordation pursuant to local subdivision plat law, or by a building permit or
other authorization to commence development on which there has been reliance
and a change of position, and which registration or recordation was
accomplished, or which permit or authorization was issued, prior to the Ile
approval under subsection (6), or the adoption under subsection (8), of land LO
development regulations for the area of critical state concern. If a developer
has by his or her actions in reliance on prior regulations obtained vested or y
other legal rights that in law would have prevented a local government from
changing those regulations in a way adverse to the developer's interests, nothing
in this chapter authorizes any governmental agency to abridge those rights,
Specifically, the Petitioners acknowledge that their claims for vested rights rest solely upon their
ownership of platted lots. That is, the Petitioners acknowledge that they have taken no steps to
develop the subject properties beyond purchase of the lots. :done of the Petitioners herein sought
or obtained approvals for construction on the subject lots, nor did these Petitioners upend funds
toward any such proposed development.
4. These Petitions have been filed under, and trust be construed according to, Policy
101.18.2 of the Monroe County Year 2010 Comprehensive Plan. Monroe County argues that this
vested rights determination is also governed by "'an Agreement between the Department of
Community Affairs and Monroe County" dated February 24, 1998. Inasmuch as the Petitions �
herein were filed in January of 1997, over a year prior to the effective date of the agreement, it N
would be inequitable to render this determination pursuant to that agreement_
5. Pursuant to Policy 101.1. . ( )(a), an applicant for a voted rights determination shall
first have the burden of establishing that the applicant has reasonably relied upon an official act o
the county. Pursuant to subsection ( ), a properly recorded subdivision plat may constitute such
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an official act. Monroe County acknowledges that these Petitioners have satisfied the first
element of the vested rights test by virtue of their ownership of platted, recorded subdivision lots.
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b. Pursuant to subsection (b), the applicant must satisfy the second element of vested
rights in demonstrating that the applicant ""has made such a substantial change of position or has
incurred such extensive obligations and expenses that it would be highly inequitable or unjust to
affect such rights by requiring the applicant to now conform to the Comprehensive Plan and land
development regulations." Finally, the applicant must also demonstrate pursuant to subsection (c)
"that the development has commenced and has continued in good faith without substantial
interruption.
Packet Pg. 3811
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7. As indicated hereinabove, the Petitioners herein do not assert their entitlement to
vested rights determinations upon a claim that they have satisfied these last two elements. Rather,
the petitioners take the position that these two provisions are in conflict with Section 380.05(18),
Florida Statutes. Therefore, according to the position advanced by the petitioners, these two
elements are unenforceable under the theory of preemption in that a county ordinance, which, by
definition, is inferior to a state statute, cannot prohibit what the state statute expressly authorizes.
Relying solely on the language of Section 380.05(18), Florida Statutes, the Petitioners contend LO
that this provision should be construed so as to constitute "a categorical exemption from all land
development regulations." The petitioners contend that they have legislatively-created vested y
rights to "complete the development authorized by the recordation of a plat pursuant to local
subdivision plat law", and that the development authorized therein is the construction of a o
single-family home on each platted lot.
8, The petitioners have supported their interpretation of this provision of Florida Law
with a detailed, well-reasoned analysis of the legislative history of Senate Bill 629, the bill that
became Section 380.05, Florida Statutes. The Petitioners' Memorandum of Law contains an
attachment consisting of 377 pages of documents constituting that legislative history, which were
reviewed in their entirety by the undersigned.
CONCLUSIONS OF LAW
9. The Petitioners' requests for determinations of vested rights are based upon two
interpretations of Section 380,05(18), Florida Statutes. Accordingly, the Petitioners have
requested relief which is not within the scope of or in direct compliance with, Policy 101.18.2.
Stated another way, the Petitioners have applied for relief pursuant to Policy 101,18.2, but allege
this provision is invalid and unenforceable.
10. Specifically, the Petitioners' positions rely first on their assertion that the State of
Florida's passage of Section 380.05(18), Florida Statutes, preempts the latter two elements ofLO
Policy 101.18.2, as being in conflict with Section 380.05(18), Florida Statutes. Second, the
Petitioners' positions rely on an interpretation of Section 3 0.05(18), Florida Statutes which
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would provide that this provision, standing alone, guarantees the owners of platted, recorded
subdivision lots the right to develop a single-family dwelling on each platted lot.
11. Inasmuch as the ability, authority, and jurisdiction to decide matters of statutory
interpretation is within the purview of the Courts of this State; the undersigned has no jurisdiction
to determine same.
12. .Based on the foregoing, it is the recommendation of the hearing officer that the
Petitioners' requests for vested rights be denied.
Packet Pg. 3812
P.9.f
DONE ORDERED in Monroe County, Florida, this day of e7?—;
,
1998.
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LARRY R. ERSKINE, ESQ,
VESTED RIGHTS OFFICER. a
FLORIDABAR 9313 5 21 y
+G IST +CAITE OF SERVICE
I HEREBY CERTIFY that a true and exact copy of the foregoing was mailed via U.S, �
Post Office to: .lames Mattson, Eq., Mattson & Tobin, P.O. Box 586, Key Largo, FL 33 37;
Karen K. Cabanas, Esq., Morgan & Kendrick, 317 Whitehead Street, ley Nest, FL 33040, this
/ day of 1998.
LARRY R. ERSKINE, ESQ,
MEYER& ERSKINE
31211 AVENUE A y
BIG PINE KEY, FL 33043
(305) 872-340
(345) 872-4822 FAX
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Packet Pg. 3813
P.9.g
Monroe County Land Development Regulations Sec. 138-27. -Administrative Relief.
(a) Eligibility. An applicant for an allocation award is eligible for administrative relief if:
(1) The application complies with all requirements of the dwelling unit allocation system;
(2) The application has been denied an allocation award for four successive years (first 16
consecutive quarterly allocation periods) in the ROGO Permit Allocation System;
(3) The proposed development otherwise meets all applicable county, state, and federal
regulations;
(4) The ROGO allocation application has not been withdrawn;
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(5) The applicant has complied with all the requirements of the ROGO Permit Allocation
System; and
(6) The applicant has followed the procedures for administrative relief, and
(7) The applicant has not received an allocation award.
(b) Notification of eligibility. Within 30 days of the finalization of evaluation rankings by the
Planning Commission, any applicant determined to be eligible for administrative relief
pursuant to subsection (a) of this section shall be notified of the applicant's eligibility for
administrative relief by certified mail, return receipt requested.
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(c) Application. An application for administrative relief shall be made on a form prescribed
by the Planning Director and may be filed with the Planning and Environmental Resources
Department no earlier than the conclusion of the 16th quarterly allocation period and no
later than 180 days following the close of the 16th quarterly allocation period.
0
(d) Exceptions. Monroe County shall preclude the granting of administrative relief in the form CL
of the issuance of a building permit for lands within the Florida Forever targeted acquisition
or Tier I land areas unless, after 60 days from the receipt of a complete application for
administrative relief, it has been determined the parcel cannot be purchased for conservation COI
purposes by any county, state or federal agency or any private entity. The county shall
routinely notify the Department of Environmental Protection of upcoming administrative
relief requests at least six months prior to the deadline for administrative relief. v)
(e) Forwarding application to board of county commissioners. Upon the filing of an
application for administrative relief, the Planning Director shall forward to the BOCC all X
relevant files and records relating to the subject applications. Failure to file an application
shall constitute a waiver of any rights under this section to assert that the subject property
has been taken by the county without payment of just compensation as a result of the E
dwelling unit allocation system.
(f) Public hearing. Upon receipt of an application for administrative relief, the BOCC shall
notice and hold a public hearing at which the applicant will be given an opportunity to be
heard. The BOCC may review the relevant applications and applicable evaluation ranking,
taking testimony from county staff and others as may be necessary and hear testimony and
review documentary evidence submitted by the applicant.
(g) Board of county commissioners action. At the conclusion of the public hearing, the
BOCC may take any or a combination of the following actions:
Packet Pg. 3814
P.9.g
(1) Offer to purchase the property at its fair market value as its preferred action if the
property is located within:
a. A designated Tier I area or within the Florida Forever (or its successor) targeted
acquisition areas (unless, after 60 days from the receipt of a complete application
for administrative relief, it has been determined no county, state or federal agency
or any private entity is willing to offer to purchase the parcel);
b. A designated Tier II area(Big Pine Key and No Name Key);
c. A designated Tier III-A area(special protection area); or
�r
d. A designated Tier III area on a nonwaterfront lot or parcel for affordable housing.
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(2) Grant the applicant an allocation award for all or a number of dwelling units requested
in the next succeeding quarterly allocation period or extended pro rata over several
succeeding quarterly allocation periods as the preferred action for buildable properties
not meeting any of the criteria in subsection (g)(1) of this section.
(3) Suggest or provide such other relief as may be necessary and appropriate.
(h) Limits on administrative allocations per quarter. The number of allocations that may be
awarded under administrative relief in any one quarter shall be no more than 50 percent of
the total available market rate allocations available, excluding banked administrative relief
allocations and those allocations received from Key West, in a quarter for that subarea. Any
allocations, excluding banked administrative relief allocations and those allocations received
from Key West, in excess of 50 percent shall be extended into the succeeding quarter or
quarters until the number of such allocations is 50 percent or less of the total number of
market rate allocations available to be awarded. g
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( Ord. No. 006-2016 , § 1(Exh. 1), 4-13-2016)
Monroe County Year 2030 Comprehensive Plan Policy 101.7.1 Nco
Monroe County, the state, or other acquisition agency shall, upon a property owner's request,
offer to purchase the property for fair market value or permit the minimum reasonable economic U)
use of the property, if the property owner meets the following conditions:
1. they have been denied an allocation award for four successive years in the Residential X
(ROGO) or Nonresidential (NROGO)Permit Allocation System;
m
2. their proposed development otherwise meets all applicable county, state, and federal
regulations;
e(
3. their allocation application has not been withdrawn;
4. they have complied with all the requirements of the Residential or Nonresidential Permit
Allocation System; and
Packet Pg. 3815
P.9.g
5. they follow the procedures for administrative relief contained in the land development
regulations.
As used in this Policy, "minimum reasonable economic use" shall mean, as applied to any
residentially zoned parcel of record which was buildable immediately prior to the effective date
of the Plan, no less than a single-family residence.
A purchase offer is the preferred option for administrative relief, if the subject permit is for
development located within:
1. a designated Tier I area or within the Florida Forever(or its successor)targeted acquisition
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areas (unless, after 60 days from the receipt of a complete application for administrative relief, it
has been determined no county, state or federal agency or any private entity is willing to offer to
purchase the parcel);
2. a designated Tier II or III-A (Special Protection Area); or,
3. a designated Tier III area on a non-waterfront lot for affordable housing.
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Refusal of the purchase offer by a property owner shall not be grounds for the granting of a -�
ROGO or NROGO allocation award. �--
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Packet Pg. 3816
P.9.h
i RESOLUTION NO. —2020
2
3 A RESOLUTION BY THE MONROE COUNTY BOARD
4 OF COUNTY COMMISSIONERS APPROVING THE
5 REQUEST FOR ADMINISTRATIVE RELIEF MADE BY
6 KEITH P.RADENHAUSEN ON PROPERTY DESCRIBED
7 AS LOT 6, BLOCK 37, PORT PINE HEIGHTS 2ND ADD.,
8 BIG PINE KEY,RE 4 00293150.000000 IN THE FORM OF
9 A PURCHASE OFFER FROM THE MONROE
10 COUNTY LAND AUTHORITY OR REFERRAL TO
i i THE STATE OF FLORIDA DIVISION OF STATE
12 LANDS FOR POTENTIAL PURCHASE THROUGH a
13 THE FLORIDA FOREVER PROGRAM.
14
15
16 WHEREAS, Keith P. Radenhausen submitted an application for administrative ,
17 relief under Policy 101.7.1 of the Monroe County Year 2030 Comprehensive Plan; and
18
19 WHEREAS, the Monroe County Board of County Commissioners makes the
20 following findings of fact and conclusions of law: --
21
22 1. The application for administrative relief from Keith P.Radenhausen is for Lot 6,Block
23 37,Port Pine Heights 2nd Add., Big Pine Key in Monroe County, Florida having RE#
CL
24 00293150.000000.
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25 2. The date of the ROGO application is 10/9/2015.
0
26 3. The ROGO allocation application has been in the ROGO system for at least four (4)
27 consecutive years and qualifies for administrative relief under Policy 101.7.1 of the ,O
28 Monroe County Year 2030 Comprehensive Plan.
er
29 4. Monroe County Code (MCC) Section 138-27 provides a mechanism whereby an
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30 applicant who has not received an allocation award in ROGO may apply to the Board
31 of County Commissioners for administrative relief.
32 5. The Board of County Commissioners (BOCC) has the authority to grant
33 administrative relief under Policy 101.7.1 and may grant the applicant a building
34 allocation, offer to purchase the property at fair market value, or provide such other
35 relief as may be necessary and appropriate.
a�
36 6. The applicant applied for administrative relief on 4/22/2020, under Section 138-27 of
37 the MCC and Policy 101.7.1 of the Monroe County Year 2030 Comprehensive Plan.
38 7. Policy 101.7.1 and Policy 105.2.8 of the Monroe County Year 2030 Comprehensive
39 Plan provides criteria to be used for determining lands that are appropriate for
40 acquisition and the criteria includes the environmental sensitivity of the vegetative
41 habitat on the lot and the applicable Tier designation.
42 8. Policy 101.7.3 and Land Development Code Section 138-27(d), the County shall
43 preclude the granting of administrative relief in the form of the issuance of a building
ADMINISTRATIVE RELIEF RESOLUTION Page I of 2
RE# 00293150.000000
15104795
Packet Pg. 3817
P.9.h
I permit for lands within the Florida Forever targeted acquisition or Tier I lands areas
2 unless, after 60 days from the receipt of a complete application for administrative
3 relief,it has been determined the parcel cannot be purchased for conservation purposes
4 by any county, state or federal agency or any private entity. The County shall routinely
5 notify Department of Environmental Protection of upcoming administrative relief
6 request at least six (6)months prior to the deadline for administrative relief.
7 9. The subject property has the land use district designation of Improved Subdivision
8 (IS) and is located in the Port Pine Heights 2nd Add. Subdivision and is located in a
9 Tier 1 designated area and is also within the Florida Forever acquisition boundary.
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10 10. Monroe County Year 2030 Comprehensive Plan Policy 101.7.1 and Policy 105.2.8
11 states the Board may offer to purchase property as the preferred action for property
12 located within Tier 1.
13
14 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
15 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
16
17 Administrative relief is granted to Keith P. Radenhausen, for Lot 6, Block 37, Port Pine
18 Heights 2nd Add. Subdivision,Big Pine Key in the form of a purchase offer by the Monroe E
19 County Land Authority or referral to the State of Florida Division of State Lands for <
20 potential purchase through the Florida Forever Program. a,
21
22 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
23 Florida at a regular meeting held on the 15th day of July, 2020. CL
24
25 Mayor Heather Carruthers
26 Mayor Pro Tem Michelle Coldiron
27 Commissioner Craig Cates
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28 Commissioner David Rice
29 Commissioner Sylvia Murphy
30 LO
31 BOARD OF COUNTY COMMISSIONERS OF MONROE
32 COUNTY, FLORIDA
33
34 BY
35 Mayor Heather Carruthers
36
37 (SEAL)
38
39 ATTEST: KEVIN MADOK, CLERK
40
41
42
43 DEPUTY CLERK
ADNIINISTRATIVE RELIEF RESOLUTION Page 2 Of 2
RE# 00293150.000000
15104795
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