Loading...
Item G1 BOARD OF C0LJN`T"V COMMISSIONERS "WENDA ITENNI SUMMARY Meeting Date:_,, Ati st,2 4 Divtsion: (3rowth ,*Aart Bulk Item: 'Yes _,NX N(,,� Staff("ontact Person/Phone 4: �ii�t_in­q­'_Ffurl y '189-2517 AGENDA ITEM WORDINCS': Approval to advertise as ptibfic hearing to consider as request fi,)r as Beneficial .Ise Determination, and the recotruncridations of the pecial naa,0', strate, for Property legally des c,rib,ed as Block 9, Lot L, Section 3, Bay Haven Subdivisiorw (PB2-41), Key L.argo, appr(,,)xijnate Mile Maflwr 94.5, liaving Real Estatc IS4vnber as requested by property owners, Scott �,,md Toni Beauctiarnp. I T04 BA(,,'KGR01JND-, Sc cm and 7oni BtaLkchamp and their author-ized agent (-Applicants") have reque,saed a Beriel,witil Use Detennination (BLJD) fiv a vacant parcel (,W land within Bay Haven Subdivision, Section 3. in Kev, Ldrgo "T'he Appheants are asserfing that the adoption of' rhe Monroe ounty Land U'se District ,k4ap, v0,6cli designated the sub ect parcel as Ipaart ol'a StIbUrbanj Residential (SR) land use district. constitutes a takir�g of the landowner"s property, The piopemy contains 0,,19 acrcs of upland (8,276 S[a),, whiCh iS 1'10t eTIOL90,1 UpkUld tO mu cet acme maximurn dcrisit)(or maxitrium net density rtxjuireineras ("or as single dwelling urkit within ain SR land uawa,au distt"ict per Monroe Cou.my Code (MCC) §130-157, Pursuant to the procedtiral requirements of the BIJ D Ordinance (MCC §102-102 throug!h §102-1,1,0), fi ic application was the sut��ject of as licaritig beftwe as special niagistrate on May 23, 2014 (see, Exhibit I� statf,rvp�.',wt prel")ared tbr the spccial rriagistrate), The special rnagistrate has issued a recomn iended order (see f`ixhibit 2), and has "reecwmtnended that the Board of" County Coninfissioners deny flefitioners' application 1"or relief under the BUD Ordinance," In accor&ance with WT' §102-107, 11_.the planning director shall flotivard the special rriagi�,,strate's i"t,!,cmnaendation to the bmird to set a public hearing on the matter. The planning director may include 01"ith the recomimendation a proj:vwd process and SChCdL11(`,' tOr implernenfing the speciall magistrate's recominendation," According to M(11,1,' §102-19, BLJD hearings beftwe the BOCC shall as place at the meeilng site citfim' clos,est or next closest to the subject propra fty; this would be cuter Key Largo or Marathon, im,,i,pectively. 'T'he Applicants, hove specifically requested that the hearing be held irk Key Largo, The next BOC("' rneving in Key, Largo is schieduled for NoN,cm1wr 19, 2014. Theretiwe, the planning director proposes that as public heiiring beft,)re the BO(,,,,,C be sel"ieduled tbr 3:00 p,,im on, Novemtycr 19, 2014, in Kt",,y Largo, PItEVIOLIS RELEVANT BOA C ACTION: N/A S"'TAFF REX',"ONIMENDATIONS: Approval, to advertise, it Ptiblic Hearing fear 3:00 p.m on Novernber 19, 2014 at theMiurray �N�elson, (�'overnment ("'enter in Key Largo. TOTAL COS 1":__ NVik INWREC F COST: "NUA BUD("PE111"EM V(­S, No N/A DIFFEIREN'FIAL 0FJ.,.0(."1A1.. PREFER,EN(,'*I;.: _N/A COST TO ('OUNT'V: Iq/A SOURCE OF .......... REVENUE PRODUCING: N"t,,s No K�A 4NVVIOLINT PER MONTH Year PPROVED BY: Coumy ,,,\1ty B/Pure J tasin� i Rsk Managc rnent ONI DOCLINIENTATION: Included �Not Rcquired DISPOSITION: AGENDA FIVk4 Exhibit I for SOCC MEMORANDIJIN4 °0: Special Master(to be designated by I lt,C 1 Q -W5,) From: I u wnsl y Schwab, Senior Director of Muuaunin & I l�uuurliu°uuiuuu entuul Resources subjett: Reqiiestfiw Beneficial p leg!aly dewvc ibed ezv Blot"k, ur 01 B,24 ,), Key, arg(,� N ouuu ou, a;'�uuuuuuua ^, Huwicla, uuwum, n"I' ing Ret1d Euiu,ute Number ber 005 650,000000, The onr(,,;,)e County l"luuuunin 11:'nvlu~ouumentuul IResources 1'kparpuu"ent ('"Del artuuuun nt"al has received an Application f uu" uu mtermliauuution uul euuu;riciuu,l (Jlse, under, NRniu'oc "(,wiuuty .:°m (NIC w;) §102-10 _ 10 110 (see Exhibit , f6r the 1'uruulvu°p ref&eu ced abc ("Subject pa met"), owned by Scott and .l'oni Beauchanip, !This Beauchamps and their authorized agent ("Applicants") are asseni u , that the adoption of the MOMOC ''u,uuuuyt , Land 1„sc l.,Nstfict Map, which design tuuu the au e t Ilpuuurve l as part o Suburban Residential enti l R) land use district, -on its hive'"uMonsfituute,s uu taking oft he landowner' Iluruup u a Hvauttu mump-Otneficial Use Determination File ' apt—01 p Amended Staff R pilort 't 11 /20,1 P t of 14 Address: ("orner of kleridian Ave and Lycaforna Ave, inile niarker 94,5 ((,Adf of Mexico side (,A'US I) Legal I)escriptkni: Block 9, L,ot 1, Bay Haven Section 3 (1`412-4 1 R,eal, Estate (RE) Number: 005 l'76%000000 ,A,ppj,icaru ('.'),wncr, Scott, andToni Beauchamp Agent: Rair0y, Wall H. RELEVANT PRIOR(7,0UNTYAC71ONS Oin Septeinber 0, 1986, the current land use district (zoning) maps, which included as designation of" Suburban Residential (SR)i f(,'V IhC SUbjCCt 1),arcel, became effective On pi`ebruam: 28, 086, the Monroc Count,y Board of"Courilly Cornmisswriers, (BO(,"C) adopted ftcsohifiorii 0494986, which trarisirnitted arnendmersts to the land ttse district (zonirig) inap (including the rezoning of the subbed parcel froni RU-1 to SR) to die Florida Departnwnt of Coniniunity, Affiairs. Am that firne, Horida Statute r'"juired SUCh aftlendrnents to Il5c adopted by Florida Adirninistratkm (7ommission (I".A.C.) Rule as part of Florida's Area of'Critical State prograrn (Section 380.05, VS., was an'tended in 1997 to approve atnendments pursuant to final orders inslead of by rule). The zoning map arnendments were adopted by Rule 28-'2` `,C)22 1, F`.A.(1`.,, which became cftective on Septernber 15, 1986, afier the expiration oft main required ap[vW period. Tfi,c Applicants assien that in May of'2012, Randy Wall met with Depamment slaff'regarding the process ft,)s, applying fbi, a, Ro (lfO allocation for the subject parcel, Staff inft,,)mied Nir, Wall that the lot is within a SR tand Ust dhitrict and, under (lie density requireivnents, a,)f MCC§130-157 (we Exhibit B), the lot does not have enougfi land area for one dwelfing unit, Although staf'f members have sorne recollection. of mich a nicefing, the first doctimerited ineefing be-tween staffand IMr, Wall place amine .Bally 13, 2012, as dcscribe(1 bek,,)Nv� On July 13, 2012, Ma yid Santarmiria, Assistant Director aid'4,11anning, sent an email to Mr, NVaH ireitcrafing options discusswd earfier that day regardinig the Beauchamps" propert y Oni Octo6er 9, 2012, the Beauchamps sublinitted an appficatiors to the 1)cpartinent for a Pire- Application Conf6vnce vvith as Letter of Lhiderstaj,6ng (L01,J), On Nlovernber 2'8, 2012, Scott Beauchawsp serit an ernail to the Departmeta requesting that (lie application 1 Ck:ir the L OU be instead applied towards as BcnefIcial Use Determination (BUD) application. A pre- application conference was not held, An L,0U was not prepared, 1'he application was closed and the Plarkning Director approved the us'c of the application f,,e lo%vard as subsequent f4anning& Environsnenta� Resources applicution fye, On Jativary 14, 2013, the Del) rtinent rectived a BUD application R)r j,'voperty owned by the Beauchanips. ["ollowing inulliple phone conversafions arid email corrcsporhien"-, 15etween the Departrivent and the Applicants, the Applicants su bs'n i tied an updated BLID appheation on dic fleaurbamp-beatfivial (,)*t amain two it#20 13-0 11 Anivadeti Staff Report 12/13/2013 Pap 2 of 44 cument application Ibrin, This updated application w�,vs received by the [)cpartmeju's coon,'finalor on ,August 1. 2013, f"ollowing receipt or the application, the L)c1partment sent a letter, dated Atigust 15, 2013, infbnning the Applicants(tiat it deerned the application to be incompletc, as it did iunot contain all of"the required inn ateirials an.d intbrination fisted in MC(,,' §I 02-105(b)(I)-(I 3), In ressponse to this letter, the Applicants submitted mvisions to the application, recei-Ved by the [)epartrneint on September 13, 2013, including a statement ot'habilat received on Sep erviber 17, 2013, On September 27, 2013, pursuarit to MC ' §102-1 05(d)(2), the Department sent a letter to the Applicants as notification that the [)cpartment had doernitined the application to now be sufficient, and include all required inaterials and intbriniatiori listed in NICC §$02-W5(b)(I (I 3) 11LBACKGROUND INFORMATION ,A SizeofS ire e- 8,276SF (O.19wtcr,es) i,),erMoiii,oe(,Iouri�y(,,';[S W BuHdable Arca of"Site (gross upknd area aimus required open space): 4,138 St" (0,095 acres) G, L,and (Jse District (1.1,1D): Suburban Residential (SR) 1), Uuture Land Use Map (FLLIM) Designation: Residential Low (RL,) E, Tier Dcsignation. Tier 3 F Flood Zone: A,E - EL 7 G- Existing (Jsc: Vacant 1 1. Existiing Vegetafion/[,Iabitat igh elevation I'tarnmock 1. COMMUrfity Character of Immediate Vicinity Singk-f"ainky Residential W.RE'"EW OF DEVE LOIAMEN'T P0,17ENTIAI., Land Qscj,6� jj t ur, 's, ..........J...............-­`.................. Policy 10 1.4.2 ofthe Monrc)e County Year 20 10 Plan states� T'he principal purpose of the Residential I-ow (RL) land use category is to provide f"Or low-density residential dcvclopnient in parfiaHy dev0opcd areas with substantial native vegetation, Low intcnsity pub is and low intensity insfitutional ti,ws', are also allowed, In addition, NIonn'.w County shall new Land Developtrient Regulations which ahow an, other nonresidential use flu"it was lis-ted ,,is a pern,,iiucd use in dic Land Dev0opaient RCgUlatiOns that were in cfkct immediately prior to the institution of the 2010 Cornprehwisive Plan (pre-,2010 LDR's), and that lawfiffly existed on such lands ort January 4, 1996 to develop, redevelop, reestablish and/oir sUbstanfially improve provided that the use is limited ln iintensity, floor area, density and to the type or usc (hat existed on Janwiry 4, 1996 or finfit to what the pre-2010 LDR's allowed, whicheNer is more restricied. Stnefiriat Use Den ein"mination rift#20 13-011 ,A, mended Staff'Report 12/13,ruw Page 3 ot'14 As set fim1h in MCC §13044, the purpose of the Suburban Residential (SR) district "is to establish arcas of," low- to rnedium-density residential uses characterized principally by single-f�unffly detached dwellings. This district is predomiriateAl by development; however, natural and, dcYcloped open space creates an environment dcfined by pkints, spaces and over- water views." I !J,0,The jxurmitted and Conditional U.SCS within the SR district are described in MCC §130-94, whicki is attactied in full as Exhibit C. Thte Applicants' request is to build a single, fitaidy residence on the subject parceL Afthough IMCC §130-94 lists 1.ioth detached and attached dwelling units as permitted tises within the SR district, dcnsity MqUirernents prcclude the development of' a dwOling unit ttie subJect parcel &,ie to its size, J'hese density requirements, as svelt as a review of other permitted uses as applied the subject parcel, arc discussed in rinoire detail in the paragraphs that fbilow. ueu Resid n _ gp 1c,C, §130-157 (Exhibit B), the allocated residential derisity iri t1he SR district is 0,3 dwelling units (du) per acre of upland, The inaximurn net density in the Sit district is 5J) dw,elfing units per net buildable acre of"the site. These density firnilations are consistent with those specified pun Policy 101,4,22 (t`xhibit D) of the (,`,,m'nj)rrhensive Plan, which allows an allocated density of 0.25-01.50 du/aore avid a maxirnum net uJensity of .5.0 (Ju/buildable acre witlOn the R,L futurc Iland use district. Maxitnuin net density is available with the use of transt> rabfe devek,uprnent rights(11)Rs,'�and/or fix, afft:wdable houu in Ip rojects, Althotigh a survey or the subject parcel mv,,'; provided with the B(JD pup,plication, it did not specify the exact land area offfic parcel. For all calculations in ttiis staffireport, an area of 8,276 squarc feet, or 0.19 acres, has been used, as shown by the County's GIS ,As defined in MC(',' §10 1-1, "No,,t builckible, area means that portion ofa parcel of larld that is developable and is ncit open space requir,eld by section 130-157 or required minitnum btdkryard under chapler, 11 , article V or required set hacks under section 130-1 .'"" According to W''(,' 3 0-1§157, tfie rcquire o d 1w h SR Nnd ri space in te use district505 is '�, The toW upland area of' the suhject parcel is 8,276 SF, or 0.19 acres. When, open space is subtractetJ,, the net buildable area of dw subJect Ip arcel is 4,138 SF, or 0.095 acres, Beauchamp '',st"erld"Al U'se IWroru inatkon Fitt#2011 ti-0 I I Amended Staff Report. 12/1,312013 Page 4 of 14 According to the density, Ikrammaaaaions outlined above, the residential development potential 1br the subjecs Ipaurcel is as fiollows: .......... ............................... ................—11-111111.......... RESIDENT11AL DENSITY ........... ..........-,-- ...... ................. ..... .................. .......................... ()pland maximu"I Net FLUM/LUD Allocated Acres on Allocated maxi"Itsm BuOdabte Max Net Dttftsfty Nast Densit, Acres aft Alfasived site ADowed 'Y. ass ... Rcsidential I I , ..........F--1............. ....................... ....... .................................................—,......... ...................................................... Si ..................... 0iinks/ 0 095.......... XMI 025-4,50 0.19 acres, R048,4,095 ju") urik,,i/acre buildable buildable 0.475 unft-s Policy 1OL4,22 acre acres Suburban 5A) unim/ Oxx),s Residential 0,5 LUD(SR) "".rc ()95 units ,mildalble buildable 0,475 units acre OClIes ............... ......... ........... ........... ..................-............... The Applicants are requesting to build one (1) detached residential unit (,",m the subject pareel, ,As calculated above, the aftocated density ka as parcel of that sizc within tile fit, and SR districts would only allow 0,095 dwelling unils. Evcn with the use of''I'DRs, the nu cKimurn net density for as parcel that size within the RL and SR districts would only aHow 0,,0475 dwelling units. 'nierai'me, density JUJUirciments do not suppicm the developinent of one dw,cifing unit on as Iparcel ofthis size within the RL and/or SR, districts, P�er MCC the allocated density in tfte SR district fi,)r hotel/rnotei room.,; and carripground spaces is 5 roonts oir spaces/acre, and for institutional residential is 3 roonts/acra, The maximum inet density in the SR district flcw hotelhnotO is 15 rooms/bUildabic itcrc, fbir canipgrounds is 10 spaccs/buildabk acre, and fi.,)r irrstitutional residential is 6 rc,)<,)ms/buHdab1e acre,, 1-lowem, these density lhmitatkms arc not consistera with those, speeffied in Policy 101A.2".) of the Comprehensive Plan, wtikh has an allocated and max.imugn net derssity of zer�'o (0) roorns'Vacre within the R!, fa ture Iland tme district. was the Comprehensive Plan is the Controlling a xument. hotel/nvotel and ittsfitutional n)(I.Mm, and/or campgr(:)und spaces, would ,not he permitted on the sut�jcct parcel, &,,,c1h)n /6 3-3 161 FSl - It is Owl intent of this act that adopled coinprehen,%4v shall have, the li,,gal status, sel out in this act antl that no).,mbfic or privcae ckvek,)pment shall be permitted c,�rc%,,pf in, cwqtimnity with (.,,or eleinents orportions thereof," Y withihisact, Ofauchamp- Renjefirial Ust Otterm,1446011 Filt, Airatuded Staff Report 12/1312013 Page 5 of 14 ............ -—------ ......... ti(YrEUMOTEL,INSTITUTIONA1,CAMP(,�ROUND RESIDEN.'rml, DENSITY ............ ................ Upland Maximum Maximum Net KLIM/LUD Allocated Aciv% Alkwattii Net Buildiabit Max Net Densiq on site Allowed Dt'insity, Acres on Allowed site, .............. ......... ................. ....................... Residential L,ow FUJM 0,095 0 roorns N/A buildable NUIN, Policy 101.4,22 roornslacre acres .............................. 04 fitstitutional 0 0 1� 9 0 5�7 6,0 roon,is/ 0,095 3, 1 ere huddable buddable Residetial rw n ,,,,)O1us/a acres acre Ulle.li ................................................................ ................. .................... ....................................................................................... .......................................... 15"0 Hotel 5 (),o rooins/ 0,095 1.4 roorvis/acre acres 0,,95 rcu,"013 huddable buildable r(,,wms* aurae ...............--.................. .................... ............. .................. ........... 100 Recreational 0.095 Rental 5,0 0�19 OA5 Space's spaces/ bufld,,,iWe 0,195 spaces/.,icre acres Space's (Canip pwrid) acr(l acres .................. ............. .............................................. W,A 1though klCC §130-162 wotdd appear to rvnnit a max tun um of 1A ho'ie­Fr(,,u<yms ism a site of t his size within the SR hind use district, orvpretwesisive Plan Policy 101.4.22 has o,,)ntr(,4hng authority over thc land deveiopment regulations, and has arm allocated and nuix, net derls-ity or () hotel rooins/acire wilhin the IRL FLU NI, 'rtx,uref6re, lvolel rcH.,mis wndd not be jvnWtted on the subject prope,rt),,,, Pcr MCC §130-164, institutional developincint, as NvOl its puN ic buildings and uses, niay be built to a maxinwin FAR of 0.25. As rkoted in O"IC §1,30-164, the niaxinium amount of low- and nicdiusn-interisity cornniercial retail and office, flooi area permitted wi(Nn the SR district is not CAICUfated bused on a triaximurn VAR, but is based on the inaxitnum floor area- list d in dw perrnitted uses (br the SR district, Per MCC §130-94, iovv- and medium-intensity COMITIercial retail and office of less than 2,500 SF are peravitted with a minor conditionat kise peri,nit,, However, Policy IOL4.22 of dw Cornprehensive Plan allows noniresidcritial developirient of 0.20-0,25 FAR, within thic RL fititure land use distriel he ("oni pre liens i ve Plan Itas controlling authority over the land developakent regulations, low- and niedium- intensity, cxnTuricircial retail and office flu„K,,)i' area %vouid therefore 1v litnited to Policy 10 L4,22's 111aXiMLIM 0('0,25 1"AR, or MCC §I 30-94's maximurn (,)f 2,4,99 SF of floor area" whichever is less, Stauchiscup— ran al Us t thitratination File,0,2013-011 Amended Staff Report 12,11312013 Page 6 a('14 ................ NONRE"SIDEN VIAL, INTENSFIN ................................ ....... Nonmidential Upland Area I Nlaximurn Ficoor FLUM/LUD "Its Intensity of site Ares A11owed ........... ..............—.—I-11111-........... .................... .............. Residential Low FLUM(RL) 0,,20425 FAR 8,276 SF 1,655-2,069 SF Policy 101,4,22 ................... ............ ............... Rtsidential Uuildings/Llscs, 2,f)(59 SF .......................... ............... Suburban Institutional and Public 0,25 f"AR 8,276 SY L U D(SR) Low-and Medium- MI )4 Inicirsky Retail <2"500 SVII N/A L,Sul. Id §13(,,),-164 or Officv 2,41"S F .......... .............. sougfi MCC §13 pennits a maximurn of 2,499 SI" of floor area fc r lmv,� aml medium. intensky cornmercial relail and office flcx,:wr area witNrr the SR district, Cornpr(,:hensive Plan Policy 101.4,22 has conlrolfing authority over the land de%viopment regulations, and lirnits nonresidt-raial deveiopment to a nkaximum (,4 0.25 FAR within the RL FIAJM, which woulld be 2,1)(59 SF for the sut)"ject Parcel, OvgrL Irl si ty: ic Educalional overlay district as a use penniacd With a ma 11 J or NICC includes ti conditional use, As stated in f"oficy 101,411 of the Ccmprehensive Nan, (lie Principal purpose of"the Educaliortal land usc category is lc� provide. or public educational fticilifies, The l pouunty shall coc)rdirtate with the School Board to bahince educational facifity land N(JUirements with other land use otmjecfives. In recognition of'Monrole 'ounty's criviit,oll11m1eill and the fincar, distribution of" its Ri,)pulation, the County shall encourage schoc,4s,; u:� acconiniodate building and theility requirervients on exisaing shes, When new school sites are required. school shall Ibe enct,mraged to kxate proximate to mrFein residetaial areas and other public fkihfies. Nff',"C §130-12113 statm Any use idendfied in the Monroe County Year 2010 Comprehensive Plan as El"ducatk'm (E)and 11irther identit"ied on the NI(xim')c County Future Land Usie Map with a designation of" may be overlaid on any nm, or existing land use di,arict. "I'lle tise within, the overlay distr,ict shaH be sui,�ject to all land developrneint regulations of the underlying district with the exception of d"tose regulations u:onfirolhmg density anqJ intcrisity. 'rhe use within the overlay district shall be developed with the fi(wilowing density and inicrisity regulations: Otaudianip-- fkatficial Ust Determinathm Fitt#20 13-011 AimendW Staff Repoirt $21 Y201 3 Page 7 of 14 .......... .......­............... EDUCApONAL OVERLAY INTENSITY ................... .. .... ............ FLUM/LUD Educational Upland Area Maximum Floor Max Intensity, of'sitt Ares Allowed .......... .............. Educational FL,()M (E) Policy 10 1'4.11 0,30 UAR 8,276 S,F 2,482 SW MCC §13 0-12 3 ............. 1)evelo auto ent ()fan educatkmial f4cility under the Educational FLUM and the Educational land use overlay district inay tv, pertnitted up to 2,482 SF, and would require as FLUM arnendment and as MtkjOr C011(fitiOlIal USC. t Cd L.1j, s: nie permined and o,,nidifional uses within the SR district are dcscribed in MCC §130-94, 'Ilie ftAlowing list, is, an analysis of the permitted and conditional uses,, as apphed to the stuhject parcel, based on the requirements of' W"(7 §130-94, and dwe dcnsity and inteinsity requirervients withiri M(,,C and the Comprettensive Plart, descritied above,, 'rile full text of" MCC §1 30-94 is attached as Exhibit C. ......................­,.................. ......... ....... PERAtrrrm AND('170NDITIONAL USE.S WITHIN SR ZONING (B� ASED ON MCC §130.94, §130­123, 130-157, §130-162,aW §130-)&4; and Policy 101,4.22) AS OF RIG 11T ALLOWED* REASON (i) Detached resideraial dw,elfiings NO Density allms <I ursit. 2) Qmmmurky paks YES li i5i"i ng......... .................... .. ...... .................................................. ............ .................... ................. . ............................ ....................................................... (4) 1 lome occupations Special use permit required NO Density allows<I unit. ........................................ (5) Accessory uses; YES -, IF PRINCIPAL USE ES"I"ABLISFIED ......... .........."I'll'.-—,.......... (6) Vacation rental use NO Density allows :I unit, ........... ........... .............................. (7) ('0110cations Oil existing antennia-supporfing NO (Jse does not cumenfly exist, structures (8) SateWte earth stations<2 meters as,accessory YES IF PRINCIPAL LAE' ESTABLISHED ............... . ....... (9) Wa stew steter nutrient reduction chaster systents that YES IF ACCESSORY......TO AI)JACENT seirve less than ten residences USIDENTUL[XVELOPMEN'r _11­11�11..............._­............. ­­,­­­....... ............ ..............—...................................... MINOR C,'ONDITIONAL USE ALLOWED,' REAS(A 1 (1) Attached residential dwelling units(,4 urwits per NO Density a I lows<1 unit, budding) (2) Putflic or private,commwtity,tenni> rxmrts a,114 yll,uIsl mrVil"I"1114118,pools ...............—,........ .................. ................ Beauchamp-Beneficial Use Determination #12013-011 Amended Staff Report 12/13/2013 Page 8 of 14 .. . ... �„ �...�.......�.....�... �.� ��a ���„m�na���„, ,. ..,.............. (4) Commercial retail of low--and medium-intensity� ��������� NO ��� ��a� Parcel does not abut the right...� or office uses or any aw,uuuubuauaaui"uon uhuauutof'auf lows i of-way o (J,S, U,or as than 2,500 Sfof floor area, provided fliat: dedicated rigl,%-of-%vay to u. me Ixtreel of Wid on which the wwauuuaaw a m l �mrve as au frontage road fees° uuuuau,U use is to be located awaits the right-of-way y of" U.S, U; and U li , U,or it dedicated right-of-way to serve as au ParrO is not within 200 Cuauwu of frontage road twua 11S, i; the centerfine auk'1U. w L b. The strmlure must be kw cited within 0() feet of the cen(er rie of U J UI; 1----11-1,,M o, ,... .. ,,,,,.,... ......nn, (3) 'Parks and community parks, YES 7) Churches,symagagues.,and houses,of wvwwus uu�u ;� '�U �w�� ,069 (8) Replaauwuuuuuauuuu of an existing uauauwuauuuau suupportiuu o structure . „., �.n..... (9) Stealth wireless communications aalion acifi a w„as YES IF PRINCIPAL(„USE' ESTABLISHED a tires wu uaauuuaw .................. ...mm.„ ,.,. .......................,,,,,,,,,,.,,,,.,,,.,.,.,.,.,.,...........,...,...,..m....,.,.w, ------...... (10) Satellite earth stations>=2 meters as YES- IF' PR1NC$PA[, USE E1111STABLISHED 1) Attached residential dwelfing uuauauw U,>4 uuutuaw ptr No Density M low I u.uuuau. a�... ��.�.�_�.�.�..��..�.�.�...� ..�.�.�..��� O Institutional residential� uses NO U. uua�uUu� allows �°�I unit. ............. .... ........ ..........w.w.w .. ( ) Marimts NO If No wwraauuwa as w,ess (5) Campgroliands provided that the pared has an area No Parcel has an area Uuuww flha a 5 �m�l uw aau Uearwu 5 acres acres,. ( ) Hotels W uhaa.aw T rauuauuurw u°uuw�d uuUluaa �muw,... " ;�u.. . ....._._...�... .w� n ._. �, u U au u U�aau� . �u;aw� I�u�aw aaau..', "- ..awaaa Uaw;ww u�uruuu parcel has an area of at least 2 acres nacres„ luu a uwuuu uwu t w g hcili m s,for educational Y1S.,, LIP � " 2,06�SF ........... aitd public interest purposes IJP TO 492 SF .....w............... . , ..,..�aww,w.ww.w...... REDEVELOPMEIV'r OF ALREADY ALLOWEW REASON 1AWFUL1,N' ESTABLISHED USES 1,U ',u°umuuuuairciaal retail uuf Uuuww- and m dUuuuuu-auueuuwity NO Use does not currently exist,. or office uuwuaw or any uauunibin auaruwuu thereof of Uwu^wXw wean 2, (X) Sew of flimr area Beauduaamp,-. tntfid 111 Use Determination a0 d 1 - 11I (2) Marinas Use does not currently exist, ........................................................................................................................ -,7"'-T.............. ............................................................................................................ Iaea°aawutteaal,.naaaaal conditional al aawes are also subject to all other applicable ea.wanprelweaaslwe plan w'wlleies and land development ame teal tion s, V. RESPONSE TO APPLICANTS' ('LAIMS It isanticipated that the Applicants will assert the ftallowwia°ml-I° 1. With the adoption of the Laaaaal lass District Mal), not only id the County act in error with the designation ol' Bay Haven Subdivision hand the subject parcel) as aaa SR,. district, but.the t. awaaaaty allal nolt have the right to wtcp in and ic°eaa ove the building sights of la°aallwlduaal lot owners by as zoning ela iaa,ge in as subdivision tli t the C11 ouray had accepted and recorded,, 'ouaa ewaponst: Changes to the Land Use Map may be initiated by the County or° by private owners as Wg as the aaFww process Is followed, The land use map a aaa"aaaaadryient werc adopted by B()CC Resolution 049- arse Balsa 28-20421, F A,,C., which becaine el eetlwe on September 15, lat , (seas hale -20,, 21, A w , .02 , Baal ,0251 7„he mere, purcha!wof land d(,,)es not create s right to rely, on existing oining ewaaaad, the Applicants did not appeal or otherwise, Hassel 7 challenge the anima change, Finally, defenses to as regulatory takings sash must he eaaaaasidered I°ursuaaaat to N4CC§ ill ",-1lla m In this ease, any w laahn against the aaawning change Is time barred lad,the staatuic of'llaaaltaatlaaaas, ,wlwlela is 4 years after the a ffro c(ive date of the map aaaaaeaaalawaeaatsw I lals would preclude as Judicial rinding oftaking liability and a;a1alataate against aellefreawwaaaaaaendaatlawaa 1'he 1986 adoption of the L,Uf)Map and designation of the property as SIB ca nsfitut a eaampeaasaalale taking, County es o se: A regulatory taking 'is defined by the eawaaat,s as arty regulatory activity that denies all or substantially all eea.aaaa;°aaaaleaally bene aelsll use of property. 'Ise aaaabJect parcel shill has Ipotential to sae, used f(,,)r the gases listcd in, this stafff'repor , including, but not llatalted to, as cc=nunity park or swimming pool, public buildings or cases, institutional eases, church or, synagogue, agricultural masses, and a, a aationaal gases. I' e saalwjeet parcel could also be sold to as nrighboring parcel fior use as a side yard, At the t:laawe the I eaaaaelaaaaaalws purchased the last in 2006, It was under e,awiuwwmora a ownership wwitlt, and was he awg used as s yard lass, aa,alw�aaeea°at Lot 11, wwlaaela is dcveloped with as single fitirnily residence. ,a Additionally, ptirsuaant to MCC,` §10-160, teeenitly, amended by Ordinance lima - 113 (Exitibit E), which becanie effective on 'November 7, '2013, the subjee'tproperty assay be eligible f6r use as a sender site for, trans male development rights, Determination of such eligibility would require aadditionaal, inform tlwwaaw Beauchamp.,,Beneficial Ust Dettraaaaaaaaaiiaaaa t ilt tat ,,.tat 1I Amended Staff Report t a'N a"° 013 Page 10 of 14 3, The land developrnent regUlafiOns do riot allow the rezoning of an cstablished platted subdivision so as to require 9 reword ous platted lots in order to IYURd to dwelling unit. County, Response: There are, no provisions within the Monroe County Oxie, " uu prehmisive Plan, or Florida Slatute that prohibit reques fin g a rezoning of a platted subdivision, provided the proper process is completed. 4, Prior to purchase, in 2005 the Beauchamps were taken by their realtoir, Huinherto Jinienez, t() the 1.),epartment's Key Largo office and told by a Monroe County Plan= that "Lot 1, Blcwk 9 of Bay flaven was a buildable lot mid that dic ""otinty would be happy to receive their single family residence applicatiom- Counity Respionst: The f kpartment has done a thorough review (.,if County records and has found no record of taw iu; mecting,, Furthermore, prior to 2('10,8, the fkpartment did not 1mve an office location in Key Largo,, 'rhe Llpper Keys office was located on Plantation Key in Islarviorada, 5. It was reas(,,niable tbr the Beaucharrips to assunie a single mily 1101TIC, could be built on �he lot b), vinue of it being part of plat approved by thc Cmitity BOCC. County Response. Monrm County' laind developirient regulations rnust take into account a set offactors relatcd to hurricane evacuation and environniental sensitivity unlike that in any other region of" the nation. niesc additional variables rriake the Monroe C!ounty Code as a whole extremely unique, and many ex[vvations that may apply, in other communities our not apply within Monrm County, Courts have previously field that the purcha. of vacant property in Monrot County, with the subjective assuniption by the landowner that it can be used fi.,,)r rcsidential dcvelopment is not enough to establish vested rights or inverse condmnation, Note,the following adopted Monroe County Comprehensive Plan provisions: Objecti've 101.19 AA(mroe Couqy recoy gnizes that theri,, 1,weseralsts a sign�ficant Y exi excess o,#' phmed resitkritial subtlivi vhm ltpls ridative 11) Me ("ounly's btived upon hurricane evac-mation, tra air rt ultilion, ivater quafi�y and marmi,,�resourcws, atmi other level qf servit-t, 'tarn'a; Thif Cintqyfisrther recognizes that` lot awners, who arc, somware trawl #49/1 will be subjtuct t(,,) the Countys jand develolmient re^A 7 ulation's n1qY hawv,� unrealistic ex Peclalions cont,,ernin g,their tzbiliq,to roxe'ive buili art g, Ilermils, 111 oraler to aw')hi, Io the ex,tent pmilyle,,fio-ther unrvafislic" ectations'p Xftmroe shall not (q)1move a 1.,wefiminaq or final plat unh,,m,.v tletekolmient the plat woulcl meet all al the requiremenls� (#"Alonrot C'oumy's land clevehymrient reX pdath,,,ons err clueling, but not limiled to, ashsinsum tvea Hesachamp-Re"efidal U,'se Determination Fitt#201 .01 1 Ammicd trwf IRa«poil 12113/2 tut 3 Pap, I I of 11 4 a, single7fiiinily reskknce, (,,Inder no circionsitinces shall Hcmroe Coun�y gzpI,)rov4,,,?aplat Uphich.criuwev an tenbuililable 6. The Beauchanips completed apprc,apriatc due difigence by checking with the County as to the buildability,of the to C,ouuty Response: The land developinent regulations which preclude the devc1opment ofa d1welfing unit on the sulject parcel i ire effective at t1w time the Reauchanips purchased the p�arcel, Appa')priate due difiggnce would have included obtaining firsa-hand knowledge of relevant wctions of the Monroe County ("We particularly detisityrequir(.-merit,,s, ']"Ite,alleged inflwrnal representation by an unnamed (,',ounty planner does not constitute due diligencv, Moreover, the Counly has no record of having ever, met with theApplicant.s., A letter as understanding would have been one of the ways Applicatits could have conducted due diligence. 7. The only possible perinitted use on the property is beekeeping, which would be ill advi,w-ed in a rcsidential neighborhoo(i, County Jtestxmst: A,s described in t1lis stall" repon, the sts w�ect parcel still has �xxenfial u'), tx- used fix a variety of uses, iincluding, but not fitnited to, a community park or, swimming pool, public buildings or usets, insfittitional uses, church or synagogue, agriculturaf uscs, and educational uses, "I"Ise sut)ject parcel could also be ,x,)Id to as neighboring parcel for use as a side yard. Additionally, pursuant to MCC §130-160, recently antended by Ordinance 025-2013 (Exhibit E), which heraine eff ,ctive on Novernbeir 7', 013, the subject property may he eligible for usw- as a sender site fbr transfsable development rights, ['kqerrydination of such eligibility would require additional inforinatiott, 8, Bay [laven Scok,)n I subdivisioii is substantially built out. The ma,jority of"rcmaining vacant lots boirder LJS 1, aind m(cre zoned BLI-I prior to 1986. Counq R"' Ponse: Sub ect Parcel fies, within Bay liaven Subdivision ,$S, IjigILj, which includes 99 vacant platted lots, Of thew— 99 vacant lots, 67 are privately ovnied, Bay flaven Subdivision as a whole (Sections 1-4) currently includcs 54 vacant lots, of which 114 are privately owned, All privately owned parcels within Bay Haven Subdivision arc in a similar situation to the subject parcel, as they have as land use district designatk�m of either SR or Native Area (aflmxated density of' 0,25 du/acrc) an,d a LUM designation of either RL or Residential Conservation (aflocatcd density of' 0-0.25 du/acre), A change to the zoning and FLUNI of the pareels within this subdivision or an aflowance to build a dwelfing unit at a density, above the adopted Resucharkip-ritatfitial Ust Determination File#2013-011 Assituded Staff Report 12/13/201,3 Page 12 of'14 maxiinum density requirements could therefore create the opportuni for d 14 additional residential units to be developed. As required by the State o' Florida, a Rate of" Girowth Ordinance (RO(JO) was impletnented in order to provide (br the safety of"residents in the event Ruud"um hurricane eva,cuation and to protect the, significant natural resources of Monroe County. R(XIO is a competitive pannil alkxafion system wher,eby those applications with the laighest scores are awarded building pertnits. "T'he creation of d 14 additional residential unit requests rnay create oth.er issues I'lar the Ccwunty, as the (""ounty is only allowed to issue 197 buifdhi� permits per year fbr new, residential development (Rule 28-20,140, FA, ) within unincorTwated Monn,)e Cmuity in order to maintain hurricane evacuation cleararice fimes of"24 hours. In Slarch, 2013, the Governor and Cabinet, sitting as the State Administrakwn Commission, approved the rccorninendation to alkweate 10 ),ears' worth of grc)wfll (197 x 10 := 1,97'0 pennits) to Monroe County while maintaining an evacuation clearance time of 24 hours, thr0Ugh the year 2023, Rectnt analysis, by the County highlights the Challenges dw County may, Nce, as there are 8,168 privately owned vacant parcels in unincorrxn-ate4d Monroe County, With just, 197 pertnits per year, it, would take over 41 years' worth ofannual allocations (at the cuffent rate of 197) to absorb these parcels. Additional requests for rcsidential itinits only exacerbate the cballerige,, 9, Most of the houses in Bay [favert suNfivision were entered into the tax rolls in 1987 or later, Die fi:41owing two pr(,,,)perfies witfiiin the Bay 1-faven subdivision wcre issued single himily residence perynits after the 1986 zoning changt� Example A,, PatceltfOO516190.00001(,)t,'), Building Perniit #8934416, issued on June 1, 1989. Exatriple B. Parcel 0,00516.380,000000, Building Perrynt K.20308, issued on Septcmber 1, 1986, County, Response: A review of County building perntit records wmuws tdmat, building permit applications fim all developed lots within Bay Haven Subdivision (Sections I 4) were applied for prior to the eff6clive datc of the amendirient changing the zoning of the subdivision fironi RIJ-,I to SR,, Concerning Example A, dic perinit in question was issued as a,re-issuance fbr trailsf r of ownership of" eadier perinks #C23361 and #C 18916, which was applied fto on March 24, 1986; the effective date of"the Land I,Jse District Map that desigivated Bay, flav,en as an SR district was September 15, 1986 Concerning Example B, the application date of the permit in question was August 6, 1986, and the permit was issued on Septernber 1, 1986; the effi-cfive date of the Land Heauchadip-,Dentficial Un Determination File#2013411 Amosded Staff Report 12113/201!3 Page, 13 of 14 LJ.w Distr Map that designated Bay Haven as an SR district was", Septeniber 15, 1986, 10,1"he County owns and iniah'itains', the strects and rights of way within Bay Haven subdivision, yet has declared it not to be a residenthil subdivision. County Response: 1"Iterc are no rcgulations within die Monroe County Code, Couiprehensive Plan, or Florida Statute that require tyre County to allow Specific residential density Nvithin areas where the County maintains streets mad rights, of way. The zoning and density regulations that apply to our [Javen Subdivision detem),ine the numbes, of dweiling units which may be buift, but have no hearing on whether or not an area is defirwed as as"residential subdivision," VL RECOMAIENDATION The Applicants have recjuested one of the t5ollowing f'ortnis ofrefief, L MCC §1024 1 O(b)()): I(eAdesignation of the pr(,,)per,ty on the land use map and Future land use n1ap; or, 2. MCC §102-1, 1 0(b)(,2): Pern'tits foir development despite the literal applicatkni of"the larld dcveloprnera regulations and coin prehensive plan, with the understanding that the permit will still be stdject to ROGO rcqiiirements, The su ,jcct parcel has been reviewed 16irly according to the land developinent rcgulations, and these regulations were already in effiect prior to flx, Beaucharnps" jwrchase of flie property. Th Depasiment disagrees that there has beat a regulatory taking of the suNect property; everi if there has been, seve4l affirrnativc d&nses could be a,,;seirted against as taking claim precluding as judicial finding of' liability and this supports the denial of the request refict'pursuant to MCQ 102-109, 811. EXIIJIBITIS X, MonrocCountY C(Ae §102-102 - §102-110. Beneficial (Jsc 'Detcrin inat ions. W Monroe O'ninty Uxle §130-157, Maxiniutn residential density and district opcii space, C U)nroe Comity(,,ode §1311-94. SuNirban I widen Baal District (SR) Perrnittgull and Condifiona 31,ses, D, Monroe County Year 2010 Coinprehensive Plan Policy 101,4,22. E. Monroe("(xinty BOC("", Ordinance No,, 025-2013, VIII. MA,,I-*S,' 1. Current Land L)se District Map I'm,subject pttrcel. 2. Current FUtUre Land (Ise Map for subject parcel, 3, 2012 Aerial photography for subject pareeL 4. as 1-faven Subdivision (Sections 14) Current Land (Jsc District Map,, Resuchamp-,Ot"efitial Use Otleralifladoll, rift#2013-01A Amended Staff Report 12/13/201,3 Pop 14 of 14 MONROE COUNTY COUE EX1,11BIT A DIVISON 2, BENEFICIAL WE DETERONKnONS Sec. 102-102, Generally, " If, after a flinai deeis�on or action Iby the county, kicludiriq avail, try variances, a tan4owner is of the opii Oon that the adoption or appkabon of a county land deveIop rem emet regulation or comprehensive plan policy has caused a taking of the Widowner's property, the Iprocedures of this division shall be used prior,to seeking rehef froirn the courts, Sec. 102-103., Purpose and Intent. (a) The,purpose of tNs,divmon ms to ensure that the adoption or appfication of a cotinty Wnd devMo;,mrrent regulabon or,co rem prehensNe plart pohey does not resuft in an Unconstitutional taking of private property, OA) Die kitent of the board of county commissioners ns that airs dwis6j'i provide a means to resoNe a landowner's claOi that a Wnd development regulation or corripreh". rim ve plan poficy tws had are unconstitutional effect on property in a nonjudicW for urn, This division nis not unterrded to proOde relief related to regulaboiems proniulgated by agendes other than the county or t rovid itelief for cWm that are not cognizable in cour,t at the area of applicatiori under airs division, Further, flip procedures of this diVlSiOn are not tnteinded, nor do they create, a jijdtcial cause of action, (On'l No, i0r5 21rm� to 20,5.1 7'2)) ,Sec,, 102-104, Exhaustion. Relief under this dMsion cannot Item tablished unfil the Windowrier has received a final decWon on dove loprirent approval applications from the county, iticluding building perrnft allocation system appkations, appeals, adminWrative refief pursuant to..section 138-54, and otheir avatiaWe ......... ......-' rehef, exceptions, or vanc riaes, ur app iless the kant assei ts that a land development regWation or coin prehensive plan p' olicy, on U face, rani ter the standards for rehef 0 section 102-109,, (Ortl Na 035-21)0 7, §2(9,5-1 73), Sec. '102-105. Application; applicabili ; sufficleincy. 41) Geinera$ly. An application for a berm tweet use deterr*nafiori may ble made to the plannOig departnient by filing an application and art applicativi fee as established by the board, (b) Contents of application. Th lAcation shall be submitted in a form estabfished hy the courity and shall Oclude the foHowtrig. (1) Contact information. The name, address, and phone nurnber of the landowner and appificant or agentu (2) Legal description. A, legal description and the real estate or parcel number for the property; (3) Letter of agency. tf a person other than the hand owner is requesfing rebef pursuant to this dMvon, a notarized utter of agency from the Wordowner authorizing the person to represent thern Mth respect to the applicafion, Except as specifically proMed hierein, the Wdowner w4l I bound by the representations, obligabons, and agreements nmde by the Widowner's agent in the cour'se of the beneficial use determination process, Mp,.,/Aibrary,,ram'ijaxle awe n,VH"rML,/1429&1&,d,4/Pl"IILADE-CH102A,D-IARI"IVPR,LA,R$,..DIV2,,, Pajelof5 DIVISION 2. BENEFIC[AL, USE DETERWNAT�ONS 1111442013 inn'term "applucanf' as used 0 this diOsion refers to the landowner or the landowner's agent, as applicable", (4) Date of acquisition, off'sm to pur'chase, attempts to sell, Documentation of the date of acquisition, the pnce incurred to acquire the property, the date and amount of any offers by any person, corporation, governmental entity, or association to acquire the properly, and any attempts bythe 4ndowner to sell the prioperty� (5) an developnwent regulation or comprehonsive plan IPoficy. A staternent deschWng the land deve�opmenit regulation, comprehensive plan policy, or other final action of the county, which the applicant befieves ncicessftates relief under,this divWorr, induding the effective date of the Wid devetopment regulafion or comprehensive lan po4cy andlor the date of the final action by the couinty related to the property, 'The appfication shall iderifify the subject land development regulations or,co rem prehensrve plan poficies of the county by section and nurnber-, (6) Dosoription of land. A descriphon of the property's physical and en0ronrnental features, totail acreage, arid use presentty, at the time of acquisition, an4 upon the effective date of the tand development regulation or,comprehensrve man P10ficy or offier final actJon the appficant believes ne cessitates r0ef un def this dwrsion; (7) Impravomont's to land. Evidence. of any irwestments made to Oiprove the property, the date the irnprovements were made, and the cost of the improvernents; (8) Description of allowable usos. A des,cr,iption of the type and extent of Nand use altowmen on the err peity, from the time the appficant arqWred Oie property until the at of app icahern urider this diiOs sans, rorscWding allowable density, permitted and conditional uses, open space ratios, and other factors affectrong the property's developilwnt poteritjal� (9, Requosted r,olief. Astateniernt regarding the form of re4ef requested by the Wndowner, pu rsuant to se sass 102-110 ('10) Maps. Maps shall be included in the appficatOn, wNch show the propefly presently, at the time of acquisitiori, and upon the effective date of the Pr rid development regulabon, comprehensive plan policy, or,other action of the county the appheant believes necessitates relief under this division, Maps shall ir,Wicate the tand use desrgnafiorrl Uwe land use designation, aerW photography, and envn ronmerital condi son s and habRat on the property at the above times; (11) Pr vious dovelopmont applications,and appeals. Adescir'iptionofalleffoftstoseek approva$to develop the property, includm ng date of appfication„ name of the I'ocal, state, or federal perrnitting agerwcy„ nature of approval, denial, or appeal sought; disposftiorv; and the date of dispostfion� ('12) Agoncy approvals. EvWenoe of wnet heir the applicant has rec*ved neressary approval's from governmental agencies o9ier than the courity, which are reqWred in order to undertake devOopment of the property, Ocluding, as appheable, evidein'Ce that approvals from other agencies are not req&ed�, (13) Signature of landowner and agent. 'The signature of landowrier and agent, attesting to the accuracy of the statements and representations made kw the appkation; and (14) Additional materials,, Army other appraisals, studroes, orevidence supporting the applicant's contention that relief under fts division is approphate, iriciuding appi,Msafs related to any alleged diminution roan fair, rnarket vWUP. of the Iproperty, (C) Standards applicable to landowner and land own eran roprosentafive. �,Atp,/Ilii��bray.imui*oodarx)rrVl,,,i"I" %,./,142,98/de/d4/PTI K ADE-.CH102ADII-AR'T"IVFIRLARl-D�V2,.. Rqe2of 5 DMSION 2, BENEFICIAL USE DEl"EMMA,notis 11114/2013 The landowrier and the Widowner's representative shall rcise due Wigenoe, in the fifing of and leqal bases asserted pta'suarat to an application for rebel undef this division, (2) "rhe signatUre upon the appfication by the landowner and the landowner*s representative shalif CIMIRfitute a cerfification that the landowner and landownw,'s representafive have undertaken due d0igerice mn the filing of the appfication, that to the best of Ns knowtedge. the apphcabon is suppovIed by good grounds under applicawe paws, arid that the appl cation has bun fRed 0i good faith, consistent w rth the ptirpose and intent of this division. (3) 'T'he landowner and the landowner's representative shall have a confintung obb9abori throughout the proceedings to correct any statement or representation found to have been incorrect when made or which becomes kicarriect by Olue of'changed circ urn stances, (4) If a claim for refief pursuant to ffirs divis,ion as hased upon facts.,the landowner or the (and owner's representative knew or should have kriown,were, not correct or upon assertions of law that werefrivolous, the special magastrate may Osafts the appheation and may recommend any, rernedy or penalty to the board pfovOed by, law or ardinanc*,, (d) Determination of sufficiency. Within IS calendar days of accepting the application, the planning Mreclor, or,the pW16ng director's deMqnee, shall deftrmOe if the apup fication is complete and includes the materials and kiforniation listed m subser.fions (b)(1 3) of th s section,, 'The speval magistrate may require the landowner or the counity to provide additional Womiation in order to make a deterrnmnafion under this division and may conduct a heahrig on whether the appheabon should be dismissed fbr failure to Oclude inforrnation necessary to make airecornmendabon, based on the standards set forth in this dMsion, 0) Determined insufficient. 11 the pla ram n14ing dkecAor determines the application is not cornpllPte, a written notice shall be maded to the appficant specifying the application's ck,ftiencws, No further action shali ble taken on the applmcafion unbl the deftencies are ren,vedied, It he applmcant fads to correct the deficiencies within 30 calendar days of a inotice of defi6enepes, the application shall be considered Vvithdrawn, aml the application fee shafi be refunded to dime apphoant, upon request, (2) Determined smint lent, When the appfication mdeterrnfined ssuffic,ment, the planning director,shall notify the applicant Nn wribng and, Mthin 60 calendar days, forward the apppica ten or to a special magistrate to set a Ihearing date The pWvning dire,ctor may forward to the special rnag�strate additional materWs, appkcafiorls, or decisions related to the application, includOq recornmended forms of relief, rxftstent with this division, (Ord. No 035,2007, §2(9,5-1 UP Sec. 102-1106. Action by the special magistrate,, (a) Establishment of date for he, and notice. 'The special rnagistrate shall schedute and hold as heahng on an individual benefi6al use deterftnation application,Mthm 90 calendar clays o,f receipit of the cornpWe application from the pfanNng d0ector (b) Hearing. At the heanng, the landowner or landowner's repre went afive shalf present time tandowner's case and the planning director or,the planning direclor's representative shall represent the county's case, 'rhe special magistraite may accept briets, evadence, repcxts, or proposed recommendations from the parties, ht,tp",/Atbr,4iry,,mi,iinicadeorxit ITMI,./ll4298/f,e,vd4lFT'lll,.,/k1DE—CH102AD— alb I'IVFiRLAR�—DIV2,,,, Flap,,3 of 5 DIVISION 2, BENEROAL USE,DE-rERMINM IONS 1 W412013 (c) Recommendation of the special magistrate. Within 60 calendar days of the close of the heahng, the special rnagWrate sh4,M1 prepare and transnid 0 w0ting to the ptannOg director and the landowner, or,their representatives, a recommendation regardirrq the appfication, based on the evklence submOted and the standards set forth on clions 102-109 and 102- 110 (1) If the spe6al maqMrate's recornmendation, is that refief rs not appropriate, the special rnagWrate's recommendation shall specify the basis for the recornmendatiorr, (2) If the special rriag�strate's recommendabon is that relief is, appropriate, the special magistrate's retornryiendation shaW a, Recommerid a form of relief, pursuant to sectk)n 102-11 O� and b, Indicate the basis for the reenmrnendation, iinrJuding, as appficabl& Wentification of the county land development regulabon, comp re' ensi men e plan poficy, or other action that resufted ir the recominendabori for refief, and 2, he date the land devetopment reguiation, comprehensive plan policy, or other final acton of the COLI(Ity affected the property so as to necessitate relief, (Ortl (135-200 7, § 2(9 5-175)) Sec. 102.107. Action by the planning director. �Based on the re men ornryiendations of the special nia( istrale, the planning &ectot shafi prepare the item for con side ration by the board of county comftssior*rs, The pWnning director may not dmturb or after the recommendations of the specW magistrate, Wiftri 30 calendar days of receipt of the recorrimendations of the special rviagistrate, the plainning director shall forward the special magistrate's recfxrwirrsendatiori to the board to set Ipubfic hearing on the matter, The pilanning director may =Wde with the recomrnendafion a proposed process and schedWe foir urnplejinenhng the spefial maqWrate's recommendation,, (Orcl kk'� 035-2007, § 2(9,54 76)) Sec. 102- . Action of the board. FoRci,Mng recempt of the rnafter from the pWrining director, the board shall set the rnafter for a ptshil�c hearing, The county shall IprovWe notice and the applicant shaD be proOded an opportunity to be heard phor to the decisioin of the board, The recommendafion of the special magistrate a$ not b0ding on the board, At the hearing, the board, by re%olution, shall approve, irnodiffy, reverse, or approve mouth conditions, the recornmendations of the special magistrate, based on the standards of seclions 102-109 and "LOZ-j 10, 'rime resolutiors shaW (1) State the date, if any, upon which any resolution granfing relief will(,,,,ease to be in effect (2) State that neither the boaird's resoWfiOn nor any process or evidence assocmted Mh fl,irs dMs on �s an adrnission of a taking of property, (3) Direct couinty staff to undertake any afttionaI steps necessary to in'spiernent the resolutsom and (4) Address other matters necessafy to mmpiement the purpose and rnteint of tNs mom vivon, ht,t,p:/t��brary,muno (�iTMLtl4298/levd,4/P'T"'(�LAD El.-C�"��1102AD—ART1 N)"RRI�ARI_DW'2— Pcqe4o(5 MMON 2. BENERCIAL USE DETERMINAT]ONS 11/14/2()13 M,Drd N-,.�, 035-21.)07, 6 2(9,6-17710 Sec. 102-109. Beneficial use standards. Standard. In furtherance of the purpose and mtent of this division, and consistent with Poficy 101,18,5 of the cornpr hens ive pNiin, refiefunder this division may be granted where a court of competemil Jurls6chork likely would deterinine that a final acbon by the cotmty has caused a taking of property and ajuftial finding of flability wou(d not be precluded by a cognizable defense, including lack of investment-backed expectations, shatutes of fimitatiori, Waches, or other pireclusions to relief, Whether such fiabdity, at the firne of application Under,hods dMsion, is likely to be established by a court should be deterni4iled based on applicable statutofy and case law at the brne an appfication is macros Wered under"this division, (b) Burden. The appficant shall have the buirden of'showing that relief under,this dMsior� is appiropr ate, (Ord, 035-20s,)?, § 2(9,5 76'bk,) Sec. 102-110,, Granting of refief. (a) GeneraL If the board determines that r0ef is appropm izite under this division, relief rnay be granted, as proOded ion this section and consistent with the coniprehensive plan, (b) Forms of relief. ln order to avwd an, unconstitutional result and to prov,We a landowner Mth an ecoriornlcally viable use of property pursuant to this division, the spe6W rnagWrate may recooirnend and the board may affow for additional uses, density, or re lit ef beyond that alkmed by, a literal apFftafion of the land development regulations or carnp red'ens lan on the particular property, which rniay onclu&k� (1) Redewgriation of the property on the Wid iruse map or future lanid uRe, rnap; (2) Permits for devOopment despite the fiterW appficafiorl of the 4nd development regWations and comprehenskie plan,, although pennits issued pursuant to this section shall be subiect to applicaWe construction, deadlines and expirabon dates under chapter 6 (3) 'warm sferaWe development rights (TDRs)� (4) Efigibilityfoir dedication of the property, PUrsuant to Section "lid 8-28(5)� (5) RepeW or amendment of Ote Wnd development regWation or cornprehensrve plan poficy affectfii,ig the subject piroperty� (6) Any other economicafty beneficial use of the properly o r rebel,th uard deterftnes appropriate and adequate under secOon 102-1019 and the cornpreherisive pWm or (7) Any combination of subsections (b)(1)—(,6) of this section, (C) Minimurn increase. Refief granted purSUanl to tiros division shall be the rmnlmurn neraessary to comply with section 102-109, "Mie Nghest, common, or expected use, 1s not intended as an appropriate iremedy, unless expressly req,,Oed by appficaWe Statute or case law. (Ond lvc,,� Or,,M5.2007, § 2(9 5-179)) �ttp"//Iibray,rnut�oodeoDrrVi��i"T"M L/14298/leW41M I LADE_fH"102AD-.AR"I'IVPRLARl_DdlV2,,,. Rage 5 of 5 MONROE(00UN'TYCODE I B I'll B ARTICLE V, LAND US� EAN T'ENSI 71 ES Sec. 130-157. Maxim iui sidential density and district open space. 'The maximaim resOenb4l density and dsst6ct open space shaH be in accordance w0h the following tabte: -11-111-1111,.............. or Use District Allocated Density Maximum Piet Deouity Open Space Ratio* DUIAcl,e DUIBuildoble Area, Vr"�"a-�,i-c, i-1,r-r�n—ie r c ia"T"""........6-0,.........................................1-2-0.................................................................. -0" 2.............. .......... ................ W ban residential 6,,0 '12�O 0,2 (Affordable housing) 6�O 25,0 0,2 ............. E(Fr�ElLy�,! Musin 6,0 25.0 0,2 Urban residential mobite motWe 1101ne parks per 51w0 7,,0 0,2 scal"20.10U:1 — UIRM-Urrifted I/tot 01 Suburban cammercW 3,0 6,0 o,2 (En,wp�oyee. housing) 3.0 15.0 0,�2 ....................... .......... ............. ....... 5�,�burban residential se Le!!Jal LTD Sparsety ttled 0,8 �Native 0.25 0 Mainland native 0,01 0 0," .......... ......... Of(shore istand 0.11 110 10,95 ..........- ...... .......... Imprmed subdivision I/lot 0 0,�2 +It i "90 2,0 01 ComrnercW, fishirig" '12.01 0.2 ............ Destination resoit Lo 1&0 �ndustria( 1,0 Maritime indus" 1,0 2.0 01 ..................... ................ ........... MiXed uw, 1.0 12.0 a 2 'b" e-ho-u`s ............................1'','"o,............... ....... ........................ 18-0 ................................. ............................. 0- 2........................................................ (Eirnployee housing) 1.0 18.0 0,2 L�Wtary facitity 6,0 .12.0 01 ......... Park and refuge, 0,25 0 'See additionat open space ratios fri, hi accordance with wctfon I 1 (1�1, Ow most restiric,trove of these rados appbes. "The afticated and rnaximum rset densities listed irm tMs tabte ck) riot apply to CFSD,,,20 (Uttle Torch). see for, residenUal densities. ............------ ........ Note—Properfies, consisting of hammocks, pi men ela men ds, and disturbed wetlands that are within RV, MU, UC, SC, CFV, CFA, CFS01 dMrict ' Vim ave a maxiinurn net density of 0, 1979, §9,5-262, Qrd, No, 13,4986, §9-3,CV: O�V No, 26-1995, ril,' Ord, Alci, 04Y,2003, § 1) tt'tp,,//t�bt,ay,muf�axJecotrV'HiTM�-/'141�9&�ev,d3/FT'��LAD�E CH130LAUSDI.AP,'T"VI.AUSIN,t�t,,,,, Ragel of 'I MONROE(X)LIN''ry' com i,,, i 18 1"r c AR-rICLE III„ PERM17"TED AND CONDrnONAL USES '11/14/2013 Sec. 130-94. Suburban residential district (SR), (a) "rhe following uses are permitted as of right in the suburban residential district: Detached residential dwe0ings; (2) Conimunfty parks� (3) Beekeep�ng, (4) Home occupaborm—Spe6al use permit required; (5) Accessovy uses" (6) vacatior�i rental Use of a Special vacisfion rental permit is obtained under the reqtj�aVorrs established (7) Collocations on exisfing ar,Renna-supportinq structures, pursuarq to_ (3); (8) SateRite earth stations less than two meters ki diameter, as accessory, uses, pursuant to ser%on.,146-,1A1(6); and (9) Wastewater nutrient reduction cluster systerns that serve less than ken residences, (b) The following uses are permitted as minor,con6fiorraf uses mr the suburban residiential district, subject to the standards and procedures set forth mom c te ,,1,10, arficle M, Attached rewdential welling units, provided that� a, the MM nurnber of units does riot exceed four per Nlilding� b. The structures are designmi and located so that they are visually compatible with established residential development wiftn 250 feet of the parcel proprosed for development; and C The parcel proposed for development�s separated from any established detached residential use by a class C butferyard� (2) Public or private comniukinity tennis courts ar d sw�mmirig pools, pn,,Mded that, a, The parcM of land proposed for developinent does not exceed five acreso b, The parcei proposed for,developmrant is separated from any estabhs1hed residentIM Use �class C uuff rr rd» and r. All outside 4ghting is designed and located so that light does not shine d0ecAy on any established resOeribM use,�, (3) Public buildings and uses, provided that; a, The Varcel proposed for development is separated fron'i any established residential use by a cl,ass C btdferyard nd Access to, VS, 'I is by way of, I, An existing curb cut� 2, A signahzed Otersection, or 3 A ourb cut that, is separated from any other curb cut on the same side of VS, 'I by at least 400 feet; (4) Commercial retafl of low-and rnedium-intensity or office uses or any combination thereof of less than 2,500 sqtiare feet of floor area, provided Oiat: a, "rhe pair ref land on whkh the cornmercral retinal use is to be tocaled abuts the right-of-way of VS, 1 1 or a dedicated right-of-way to serve as afrontage road b he structure must t* tocated wdNn 200 feet of the centerline of U,S,, 'I C, 'The comirnercial retail tise does not urrvotve the sale,of petioleum prcxlucts; Ntp://��b(ay,,i"nuriicode,00f,rVH"rML/,14,2WevdNf','T'IILADE—CH,I,I(X.AUSOI.,,AR'T��I "of,(,'.)U,S fen,,,,, F-*elot5 ARTICLE I L PEPMITTED AND C ONDITIONAL, USES 11114r2013 d, The commen.,,,W retail use does riot unvolve the outside storage or display of goods or,merchandise with the exception that outwde sWes, and dispqlay for niarsedes may be permitted Wh the sbpulafion that required oMi space and recIthred bufferyards may not be used for display and sates; e, There is no direct acxess to US, 1 from the parcel of land on wNch the comrnerci,W ratans use is to be located� The structure.in wfth the commercial retad use is to Ibe, �Ocated is separate<1 from the VS, I right-of-way by a class C bufferyar'd„ 91 The structure in which the coirnmercial retail use is to be located isseparated frorn any exMng residen4al structure by a class C bum ffery err " and h, No sigiriarge other than one identification sign of no more than four square feet shall be placed 41 any yard or on the all of the structure in whkch the commercial iretail' uise is to be located except for the yard or wall that abuts the Hqht-of-way for VS. 1 (5) Parks arid corrimunity parks, (6) gnshlutionW uses, provided that: a, The parces prop rased for devetopment nsseparated ftom arty estabfthed restdentW ILISes by a class C Ibuifferyar'd; and b, Access to, U,S, 1 is by way of An existing cuirb cut„ A signalized Otersectiom or 3, A curb cut that is separated from any other curb md on the sanle side of U,S, I by at least,400 feet,", (7) Churches, syriagogues, and houses of worship, provided ttiat; a, The parce�prorx)sed for development ms separated froni army establisheNd rewdenbW uses by a�.Iass C bufferyard'I, and b, Av,.-ess to US, 1 is by way of II, An existing curb cuts, 2, A s�gnalized iritersectlon� or I A curb cut that is separated fromi,any other cairb cut on the same side of U,S. I by at peast 400 feet (8) Replacement of an exisfing arRenna-sup nor rbnq structure pursuant to section 146-5 (2)r (9) Stealtti wveless ownrnunications facillfies, as accessory uses, pursuant pry section '146 &(S), and (10) Satellite earth stabons greater than of equal to two meters 0i dmarrie ter, as accessory uses, purWant IAJQz5(6), (C) The foRowing uses are perrviRted as rna�or conditional uses ki the suburban residential dWrict, subject to the standards and procedures set forth 1W Attached residential dwWkng unft, provided that,,, a, 'The structures age designed and socated so that they are visua4 crimpatible with tu"blis a itesidentiM development w(thin 250 feet of the parcel Iproposed for development; and b, 'The parcel proposed for development is, separated from any estab4shed residential use by a class C bufferyard,; (2) Institutional residential uses, provided that: l'Otp,/ilbrary,rywunicode, pi 114298/lfvfj,,vp,ri i,,,A,,DE—CIs,il30(.AUSDI—,AR'T'Vl�I"f.,C �S,,h.,. FIaqe2of5 ARTICLE Ill. r,,F-,RmrrTE-DAND CONDITIMIAL. USES 11/14/2013 a,, The use rs c4rnpabble with, land uses estaW hed in the rmimiediate vmlnity of the parcel proposed for deveiopryierat, b„ The parcel proposed for developinent b; separated from any established resideftal use by a class(',� bufferyard and C, Access to U.S, 1 is by way off, 1. An exMing curb cut; 2. A signahzed Otersecbon or 3, A ourb cut that is separaterd from any other curb cut on the same side of US, I by at least 400 feet; (3) Marinas, provided that: a, The Iparcel proposed for development has accems to water at least four,feet below mean sea levol at can low fide', b The use does riot involve the sale of and and services other than private clubs, sporl fishing charters, boat dockage and storage, C. All boiat storage is hrnKed to surface storage on trWers or skids and no boats or other eqWpment is stored on any Wevated rack, frarne or structure, d, Vessels docked or stored shall not be used for Ove-aboard purposes' Ali outside storage, areas are screened frafn adjacent uses by a Wid ferice, waH or hedge at least six feet in height; and C Each nonwatersWe pehirneter setback of the Ilurrrrrrul propospd for development rnust have a class C huff eryard Mftri a side yard se,,tback of ten fee.W, (4) Aghcultural uses, proOded thaC a, 'The use ms compatible with land u.%,s established mn litre lrranedWe vickiity of 1he parcel proposed for development� lu, The parcel Iproposed for development is separated from any established resWential use by at least a cWss C bufferyard; and C, All rani mile storage areas are screened from adjacent uses by solid fen'lce, wall or hedge at least six feet In hetght� (5) Campgrounds, provided that. a, 'The panel proposed for deivOoprnent has an, area of at least five acres, b. The opershair of the carnpground is the holder of a valid county business, Rcenw C, If the use involves the sale of goods and servrces, other than the rerital of carnp4ig it or recreationaj vehicle parking spaces, such use does not exceed 1,000 squiare feet and is designed to, serve the ineeds of the carnpground� and d, The parcM proposed for development rs separated from all adjacent parcels of WW by at least a class C buffer,yardd (6) Hotels of(ewer than 12 rooms, provided ftwat� a, The pwtel proposed for development has an area of at last two acres� b. will signage is hrrOed to that peffflifted for a residentiali use� C, 'The parcel proposed for devOopment is separated from any estabkshed resWeinhal use by at least a class C btrfferyard and d, The use is a,,)rnpat.b�e Mth land uses estabhshed in the immediate OdNty of the parcel proposed for development; (7) fttp,.//Iit)ra,y,i,i,iLaiioxie,cxwy,VHI"ML/1429&lwel3/FlTI[LA,,DE—Clil3Gt. l,.,,IARI'llilPE,C,'fxS,h,,,,, R.Qe3af 5 ARTICLE I l�I, KERMITTED AND CONDITIONAL USES 1111 C201 3 Clubhouse or meebing tacilifies for eiducational ar,rd puWic interest purposes, Iprolvided Olat� The use does not exceed 5,00,0 square feet of floor area� aird b, The parcel proposed for development 6s separated from 0 adjacent residential uses by a class C bufferyard; (8) Land use overlay E, subject to the proOsions of a0de �V of fts chapter. (d) The follo*ng lawfully estabhshed noniresiderifial uses in the suburban residential land use dWnct, wNch were rendeired nonconforming by the 20,10 Comprehensive Plan, but listed as permitted uses �n the Wu development regulations that were cn effect urnmediatOy prior,to the mnsfitubon of the 2010 Comprehensive Plan (pre-2010 LDRs) and tawfuOy existed on such lands on January 4, '1996, which are,damaged or destroyed may be permOted to be redeve�oped, make substantial urriproverrrents, or be reestablished as an amendment to a Major conditional use, subject to the standards and procedures set forth un,cha 110, Cominercial retail of low-and mediurn-intensity or officie a,,4ses Of any combination thereof of less than 21,500 squairet feet of floor area, prowded that, a, The parcO of Wnd on which the coirnmerciat retail use is to be�oca,ted abuts the right-of-way of US, 1, or a dedi(:ated right-of-way to serve as a frontage road for U,S. I u b, The cornmercial retain use does not involve the sake, of petroleum products� C, The corrirnereal retail use does not Ovolve the outside storage or play of goods or merchandise with the exception that outsWesales and Msplay for inuirseries may be permitted willh the shputabon that required open space;and reqWred bufferyards may not be used for display and sWes; d' I'he structure in wfth the commer6al retail use as to be�ocateod �s separated from the US, I right-of-way by a class C bufferyard, u . The structure 0i which the cmirrimercial a use �s. to be, uoicated is separated from any exWinq rewdentwil struct'i ire by a class C bLffleryard; No sign age other than one odenfificatjon sign of no tnore than four square feet strall ble. placed in any yaird or,on the wall of the structure Owfth the cornmerciat retail use is to be located exciept for the yard or wall that abuts the dght-,of,way for US, 1� and 9, The use as lirnited in ante nsfty, floor area, density and to the type of use that exWed on January 4, '1996, or hmded to the perrnMed uses andior the provWons for rrinor or maior coriddional uses allowed m tile pre.-1 6 LURs for, this distnct, whichever, us rrose restrwbvie, (2) Marinas,, provided that, a. he parraJA has, access to Yvater at least four feet below can sea Wvel at mean low bde� b, The use does not unvotve the sale W goods and servuces other than private clubs, spon fisNng charters, boat do(,,*a9e and storage�. Cu All boat storage us cirri ed to surface storage on traders or,skids and no boat or other equipment is stored on ar levated rack, frarne or structure; d, Vessels docked or stored shall inu ue usedfor We-alboard purposes; e. All outside storage arwas are screened from adparAnt uses by a sohd fence, wall or he at feast six feet uri height; f, Ittpl:lliibrary,t,minicxxiec,,onVIw 'TMLI"14298/�evd3tF,,ri DE—�H130LALIp" iI AR"I"HIFIECOUS,h-, Floge4of 5 ARTICLE M. PEEPUTIED AND CONDITIOWL UMW '11/14/20,13 The parcel gum separated from any established resWervt,W use by a class C bufleryard„ and The use is Rmited Or intensity, floor area, densfty and to the, type. of use that existe,d on January 4 1996, or, knit ed to thin perrrutted uses,and/or,the provisions fos,mftr or major conditional uses alto wd in the pre-1996 LDR's for fts district, whichever�s more restrictive, (d'.-cxj,q 19 79, §;has 5-236, rDfd- M,.�, 13-1986, §9-20,6,,On No 4,0,-198?,, § Y5, C,)rd No 19-1969, (PO 611fItE"), (PO 7 2) Ord, No, 214989, § I(F'CI59N), Or Na 4-1997, §9, ()rd Ato 28-1999, §2: 0,id MAO, 53-2010H,),, §6, Ojizf Nrr,N 27-2001, §2,,Ord,, No 33-2C)l §31, Orfrl Alc 018-210012, §05, On"I NO, 007-2(7,03, §5, Ord No 3; 1-il3OLAUS'Dl,_ARI"IIIFIE-COUS,,h... Rap 5 of 5 MONROE COUN'ry' "YEAR 2010 COMPREHENSIVE PLAN EXHIBI'T' D Poky 101,412, Monrmv 0xvity,herct uk",Tti the fidhawwng,derksity gvwJ intensky sutru,wWrds kio,the figure kid w, whi h ,(xies, , c xv, ,Jmcmdvn on the Futuiv Land lse Map and &m.,iftwi in P(,,)-6cies, 101AI ............. ....... Futury Und Uw,Dmuftks and borwifies F"uum. Ard("(Wresfxmiding Zbnirig (p cr wxe) (par hWkW,*,,,acre) (flox,),ir wtu nuk,,)) T Agr6cuftwe(A) 0 du 0,104)25 L AmIcs"321st&A ismm� INYA m-w 2 -!!LEL1,.--,-.......... I 0,10 0 1vxwn.,Vsp!!!m� PVA .......... 0.15419"P (C I usul C,,�Z 11"tc!Ln (C) 0 dul 0,05 ((,I)YwAlb 1 01 N/A mll) -- *............................................................_!,�,�KXTMWL 'i'l, k),11 1177" 0 d,I 0 mvrrv�",121 2 kWustrial 0) du 11-W-1 L111 milir ma �,srmcc�� 21L-7 —.-............ ...... Irls'limikskal 0 du NVA 02.1w,"WO oms"n r Ej CS ........... klainlavid Nadve(NV41i, NMI 0110 N/A klifitury(M) du I du 0364J1,3() N 0 rw rlix"m X) x,,ww s Lx M 'mixed Use"C"c'mmrdal CIVIC)"g" 0,1("W,45 INM '5-15 nx"Tirm(slyamn 16"23 nxmrs"gugs i du NJ zuxmptg� 2 du 041zosirvo � 0.,k)-olk)(MI a"ming)7T; TU;iW7 FTI . ............... k-8 du 12(Ah 0154140 0:0 amN-'mLvL- 0(hj 0,H14) W SvivA .1m—1fi 0 n v n --21(1 1', Z-2'A n Public (PB) 0 du "W',m ,, J,a!An ................. 0 fvxm, , N/A wwww�w .................. . . Rwratkon(Rj 0 25 du PNYA 0,20 lunin 5 N/A 10 Rcskkniflaf Q,)cvcrvatk,)wI(RC) (W),25 du NYA 0 'NIVA OSa rx)NA/vn 5/,] -11-1-1- if, IL 111-m ---- ....i...... Fteskka9W LA,nv(RL 0,234)30 du 5(11#11 0""3)1-0.25 (SS4,"',SR,and '!.!LXt N/A aim i �q)fwwv,'c 0-8 du UA 0 ri 0 diiWp N/,A --L0) - IL .-.-- -.- ��Ill""I",,—,...'�'...-."����........... Rmiderdial 11it""I(ru-1) agm),x,3,.t 6 du 12 du 0 2 dA "x) 20 10 (wi) PSWA"rymms diem,rrwmiunulyl nd,&%Tsity rxx I,w klvaflaNc, (b) F'mum W, &xv&%1 densifics fix"sultlywTRAM Igirldi,Haft j,"'KNXIS",fivsh,wmer µxmxh,wid nusigmvves 41UH bc 0 xxt dw Vilaxifrium racl demsifics',Kmume*, shafi umuuu V ava"Hable, t,c)u dcnsit fbir CF'V Jiming'MUH kwe I dwelling,wit per lot wtd Jw maximum Im,dalsiq,Ix"Ptumm mju 11 lux kv ilvaijaNc, (d) maxiff un rwt delsit) Nwou"w's'shal nol be avW[Ahk w aw,SS disarict, (c) T'1v wi mm m]cicnsijGy Or ,mmm 1,1104 mm nmm4g 4mH tmr?,aM U dwww el iumn :units,rwT bt,m nmmrw6veiv wvJ Oic onnnmmm;ui mmunm nmm m anmmuy Nximens Shall numm kxn umv"amt" m c „u mnmmmmmnnmmummn iuum n mm�mu rm,• �nm°�. � n nwnnumm m nun:m IN „',wr fim walitmm MICIT all MOM Wit nkwmXm CXJ AS Jifiabd•ulm Drmmmunwmum",. F`"(,v prcl'afiNm m ammu mmnn m c'd Nunnanutmm i,gmmmictxnn ds wwm'mfatmunt"U'l w mudammmh vwithn nn di)mn,N,,Iixcvj 1,1, ! wo N4nmmmJ t Immu, ;,w7rmmm�m °wmmwmV I k4tins hnnnf(I nmmmm.mr•,u m ,ram mnww,the fic',v,nuva ram *nJ°umll t 0,10 airxi Ow,mnmmrmimnmmum mnmm numwkkiaud a mmk) au ral •. uNnli Uses,uumma m n die,CXACSKm,,k%of mmcultmn lltbfma Fwdilim,mid MA'Aic BumakWm��uum,,,vxJ�!gin,which Wive roman mwu�mmm��w mwrmmm nmm nm mwmmnnm, ,mnmm• ;mn7aumrmwmam ram ummmmwn raw°mummrammuuw mm�mnmmu mmmnwm,its wm; mnm� AL ("i) T'Ive,NUMI'mun Net I m mq is the dcnsi�y alkm alAr wfth ul m unm f I DRs. (fin A a ammnu c mwtr s m,mkm fl kv ram mown ed km, mmmn , wkmippvatcd ws MI x m )g,mhmmmnmm mtmam nary ram •hmnu iai m.MC Mama,[mine mums a tktgpuy,Nvoliang mmnmumrr rnmm ml wAtem&Jxvn alt Lam,, wm41 as mmmwmmnnuum,fish Ilmmuwwcwn rmummmai r�,� mn�nm mm�m; �xmmmt tmmflmfmnng,N:mm uum mwuim°nilar uses,shall exin, n n a mmnummummmmum ctf 3 %oftwe uphvvJ ava of m��mirn a nn�,jw.,mant m Pofiw"r 101 4 1,10 ' E MONROE COtJN'" V ROARD OF COUNTY '" I S M S ORDINANCE NO.t t C A E SECTION 1,30,-160,, TRANSFERABLE- DEVELOPMENT RIGHTS, REVIStNG THE LAND DEVELOPMENT REGULATIONSTO HE O SISTEN ' " "M P0IJCV 101.1, . OF THE O ROE C0VNTV COMPREHENSIVE "LAN, PROVIDING FOR S ' " A MI' ' "t .PROVIDING FOR REPEAL OF " ,C1ING PROVISIONS; PROVIDING FOR TRANSMITTAL THE nATE LAND PLANNING AGENCY' AND T11C SECRETARY OF STATE*- PROVIDING FOR CODIFICATION*- PROVIDING FOR,AN EFFECT VDATE. WHEREAS, the Board of County Conunissioners apptxwed Ordinance #004-2013 on Code j 1 1 t� be consistent with Monroe Count ° � p i e County January6, . " lie intent the � i t� e was t air t � provisions � t ;aril WHEREAS, Monroe CountyCody Section 130-160 and Monroe County Comprehensive Plan Policy 10 1 m 1 3A perlain to transferable development rights, commonly refiened to as 11 and f M41EREAS, additional mnendments to Monroe ("buntylion 130-160 are nectisary to erase inconsistencies between Monte County CodeSection 130-160 and the Monroe CountyComprehensive Plan that were hwdv nfly not corrected by Onfinance#004-2013;and WHEREAS, Monrmx County '11om rt" he i Play Policy 10 1.13.4 allowst transfer of o. TDR's from sender sites within habitat of specified types which lie it t n any zoning cats kin %per Monroe ount Sex«fion 1 - as revised by Ordinwice04-2 t - require that the seMer site within a listed zoning category (and thus restricted to only thow 6 zoning categories) and be within a Listed habitat type (axxi thws further restricted to havingto comply with the Yxming criteriaand the habitat criteria, miser that one or the ott and W WHEREAS, Monroe County Comprehensive Platt d(x-s not prohibit the transfer of TDR' to a tier I parcels. In ndw jw i i s„ the Comprelwnsive, Plan d scoumges development on tier I parcels; however it does not n .i t and u Page k tt V WHER,EAS, based uIxin the information and documentation submitted, the Commission makes the, tallow ng Conclusions offaw� 1)the text amendnient is consistent with the Principles fior Guiding Development in the Florida Keys Area of Critical State Conctm; 2) the text xneat dment is consistent with the provisions and intent of the Monroe County Comprehenssivt Plan; and 3) the text arnendment is consistent with the provisions and intent of the Monroe County Uxle;and WFIEREAS, during a regulmly scheduled mft-fing held (,,)n April 23. 2013, the Monrcx- County Develojunent Review Committee reviewed the ordinance and recommended approval to the Board of County Commissioners, and WHEREAS,during a regularly scheduled public hearing,held on May 29, 2013, the Monroe County Planning Cotnmission reviewed the ordinance and recommended approval to the Bowd of County Conunissionem; NOW, THEREFORE, BE, IT ORDAINED HV 1-14E MONROE COUNTY ROARD OF COUNTY COMMISSIONERS: �ggiglL,,j Smlion 1.30-160 off"the Monroe County Code shall be,amended Sec. 130-160. Transferable devetopmtat rights(FDR's). (a) General and criteria. All residential development rights allocated or established in section,s 130-157 and 130-162 am- trans&,rable frorn one parcel of to to another parcel ofland,provideA that tote senderiu,d regeiver sites meet all of the following criteria: (1) A sender site-is the land areafirom. which the development ri transferred is derived. In the event an applicant intends to only to IMA of a greater property for a transf rable development right application, die additional land area not required to anums the tmnsf eta ble development right(s) shall not be considered Ixul of the sender site and not subject to conservation, as required in slubsection (8), As part of taw application r(Nuired in subs"- fion (bX2), the, applicant shall provide a boundary survey and lept description tbat idenfip the boundaries of the, wrider site, within the grellate,r PrOplerty A, sender site shall be within one of the, rollowing lAind Use (Zonirig) Districts in sub Pion a. and/or conga at least one of the fbilowing habitat tyjws in subwcfion a, land Uve (7.6ning,) Districts- Cottvrvafion (C), Mainivid Native (MN), Native Area (NA), Offshore Island (OS), Parks and Refuge (PR) or Sparsely Settled (Ss)• b, Habhat T)7ms, 1,reshwater wedands, Batt: arsh/Buttonwood wettands, High quality high hammock, High qtufflty low harmnock, Moderate quality high hAmmock, Slodemte quality low nmock, High quality pin a, 14w quality Page I of'5 pinelanmom, Beach/henn, Palm Hammock, Cactus Hammock, =d/or Disturbed Wetlands. (2) The rnaximwn net densifies wt finth in swtions 130-157 and 130-162 shall not he exceeded mid new development on, a rmeiver site shall bc devc1oped in Compliance with each and every requirement ofthis lAndDeveloptrient CcMe. (3) The maximum net dens hies comma forth for the applicable fixture, land use category in the comprehensive plan shall not be excte&d and new development on a, receiver site shall be devekwped in comphance widi each and every requirement of the comprehensive plan. (4) The assignment of tramferable developimnit rights to receiver sites desipatcd tier I shall be di.*x)uraged. (5) 'rhe assignment of transferable, development rights to rweiv er sitei on Big in Key, 'No Nmne Key, wid North Key 1,.argo from, other areas of the County shall be prohibited, excluding the assigivnents of tmnsfemble development rights a) from sc%der sites on Big Pine Key to rectiver sites on Big Pine Key; b) ftom, Wnder sites on �No Nanic Key to receivem sites on'�No Nwnc Kovy, and c) from sen&-r sites v4thin North Key Largo to m%zeiver sites within North Key Largo, (6) 'Tbe min ssigmient of transferable development rights to mceiver sites witfun Larxi I Jse (Zoning) Districts that do not, have a maximum n,et col emin sifies is pmbi mat ed (in cluding, but not finifted to, Improved Subdivision(IS, IS-D, IS-M,or IS-V), Urban Residential Mobile Home (URM, or, URM-firafted), Spamly Settled (SS), Dative Area (NA), Offs1wre Island (OS), and Mainland Nati e(NfN). (7) A, devellopment right may be transferred in part, provided it is rounded to the min tenth(i.e. if a sender site is designatW Native Area(NA)and consists only of two (2) �wres of upland, the property owner may transfer the, fractional 0.50 transferable development right), flowever, in accordance with suinwian (8), in no event a prolwily owner utilize part of a sender site's acreage for a tin anmin femble development nght mid maintain the right to develop that acreage asthe land use intensity, shall. be exhaustcd. (9) Prior to application f6t a building pennil authorizing the develoMent of a residential dwelling unit on a receiver site, requiring,a trwisferable development right,, die sender site(s) shall Ix a) dedicated to the Comity or b) placed in a conwrvation easement prohibiting its future development, A amservation easement %hall be reviewed and appnwed by the Planning and EnvirontrwntaJ Resources Department prior u) its recording in the official rceordi of the County. (b) Procedure. J be tru,nsfer,of development rights shall be caxried out as follows: P f 5 (1) A minor conditional use jxrmit shall be required to identify, detenninethe efigi unlit y, of and document the api of the sender and receiver site, pursumit to the process set forth in section 11 O-69. If a in receiver site is propow-d to receiNre transferable developm,enut rights from multiple sender sites, a conditiona,l use it application for each setuier site shall be, required. All sender and receiver sites associated with a prolmsed 'transfer of a transferable development right shall be identified at the time of' application; (2) 'rho, ininor conditional use pernift application rcquired in subsection (b,)(I) Shall be, submitted in a, fomi provided by the Planning and E-invironmental Resources Department and include the following: a) The names and addresses off" the property ovatiers of' record for the sen&,-r site(s)and receiver site(s); b) The pr,operty record cards fhmi the Monr(x County Property Apprabser of the sender site(s)and receiver site(s); c) Written legal descriptions oft' serider site(s)and receiver site(s); d) A copy of the affidavit of inwnt to transfer; e) Bowidary surveys and I,l descriptions of t,he scnder site,(s) and receiver si tun f,$), prepared by a survcyor regist in the, State of'Florida, sho win gthe Wundaries of die sites, elevations, bodies of water mid wetlands, total acreage,total upland, acreage,mid total acreage by habitat; an,d r) Vegetative studies of the rite and receivti site(s), (3) A development or shall memorialize approval nine minor, conditional use permit mNuired in suhwaion (b)(1). The development order shall include language requiring a Dft-d of 117ransfkr&-scribed in this sutnmtion (below). After successfiffly passing,all applicable aMal 1wriods, the development order shall be recorded in the official records of the, Monroe County Clerk of the, Circuit Court. Such recordin,g shall be carried out so that the document is associated with all applicable sen&r and receiver sites;and (4) Prior to, imuamce ofa building pcnnit autharizing the development of a residential dwelling unit, all or a part of which is derivcd flvm a transfemd devel(Vinent right, a deed oftransfer shall be recorded in the chain of title of the sender site (transferor parcel) containing a restrictive covenant prohibiting the, development that would require, ww,of miy of the,allocated density that was transferredflTorn the parceL If any section,, paragraph, subdivision, claww,, sentence or provision of this ordinance shall be a4judgW, by any court of competent jurisdiction to be invalid, such judgment, shall not atTect, impair, invalidate, or nulfi the remainder of thus onfinance, but the effect theteof shall be confined to tire seetion, pwagraph, suNfivision, clause, stntence,,, or, provision immediately involved in the contraversy in which such Judg tin ent or decree shall be rendered. PaSt 4 of 5 2 rlvjl, h M&, 3 4 All ordinances or parts ofordinawts in conflict w,ith this ordinance are, hereby repealed tothe 5 extent of mid conflict. 6 7 aLc 9 This ordinance shall be transmitted to the Florida Statt is PlanningAgency as required by R& 10 380,05 (11)and F.S 380.0552(9) 12 LSjqj,2g 1. Efl j#& 13 14 This ordinamx- shall be filed in the Office of the, 'Secretary of the State of Florida but shall not 15 become efTective pursuant to Section 7 until a firml order is issued according to VS. 3W05(6) by 16 t,he Florida State Land Planning Agency orAdininistration,Cbmmission approving the cyrdinance, 17 and if the final order is chaltenged, until the challenge to the order is resolved pug wint to F.S. IS (Itapter 120. 19 20 $gWort 6. Inclusiog to thjAj2gM, 21 22 The provisiows of this Ordinance shall be inclu&d and incorporated in the Code of Ordinances 23 of the County of' Monroe, Florida, as an 3"itio'n to amendinent therclo, and shall be 24 appropriately renu onforni,to the uniforin marking systen) of the Code, 25 26, "is,AOA,ZZ 27 28 This ordinance shall become e&ctive as provided by law and stated above,, This ordinance :29 applies to any applicable application submitted after the,effeaive date, 30 31 PASSED AND ADOPTED by dw Board of County Commissioners of Morvoe County, 1"lorida 32 at a regular meeting htId on the 11 7th�,jay of.__Ju,,l .......... 2011 33 34 Mayor George Neugent 35 Mayor Pro as Heather Carruthers Y 36 Cominissiow Danny Kolhage 37 ,j7" 0 Commissioner Sylvia Muq)hy ................ 39 Commissioner David Rice 39 40 MONROU COUNTYROA" C 0 N t,M ISSSS 10 N E PUS xo* I-rI 4 1 42 Attest: A,my Heavilin,Clerk Cn C) 43 �.j 44 C) 45 By 46 Depu Clerk, Mayor George Neugent a* C) cout4TY ArTOR#j page,5 of$ AP 0 As F eta L4j ORM. ViOLLIAMS ASSISTANT C IU AT'r0stl4ty MA i (1TRRENT LAND USE;Dwricic MAP Land Use District(Zoning) f; r rr ; l� a / r .I yy ICU- II a W,I*mo a, IRE 4 00 Yr� R, Wfam,4I,s z ' w U % k 0Yfim00 as Owl,Lot 1, lo n � I � 6n IC IOU deal roal 1 .0h"Ok fm4w ov"v�aµ ms DID u Key Largo06 Wl Il M 04 qu w4 —WA p vWwWr'UjmWp w46 ,04 11"11 1111 o,7PA Future Land Use Map (Sub[f t al"C"da "u in reed) i RE „ u " iN 17'650,000,000 w,�u �,,w,w,auwrvww 0.��.����a��aa��.,.W .,��,,,. „�„u�& , Key La �a un runiuwn:�wmilkKK .. ,�a � 2012 Aerial Photography (1,Sub oa pamel cmaallse-d iaa re j RE#00517650400000 1 U M '�dwm a n mM m,� mbnwwa, Lot 1,Stock 9,BayfisvenScti ( 1) M��m�W� Key La , a�m�e��r„w�we Dui. Say Reuse Subdivision (19ay IlavenmAdmisl m awl wbktak Panel madi'llar ill rilo" d ' 9 " of / ✓i �� VV INl �I u 11 tvagov Ow,umx Jm CA J'um,7ma v rft ON* m mwrrmuw v4 Lot 11,Stock 9,Sayhaven Section ( 2-41) Of6NROC kw- I a 1141,a Key Largo , Ommn wmvvro rvwo f.,'mm � Exhibit 2 for SOCC STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS Petitioners, VS. Case No. 13-4632GM MONROE COUNTY PLANNING - ''C0! ED ORDER This matter was heard before the Division of Adm nistrative Hearings (DGAH) by its assigned Administrative Law Judge, 0. R, Alexander, on May 23, 2014, at video teleconferencing sites in APPEARANCESTallahassee and Marathon, Florida. ' For Petitioners: Andrew M. Tobin, Esquire Post Office Box 620 Tavernier, Florida 33070-0620 For Respondent : Derek V. Howard, Esquire :Assistant County Attorney Post Office Box, 1026 Key West, Florida 33041-1026 STATEMENT 0 1 THE ISSUE The issue is whether to approve Petitioners' application for a beneficial use eats ..nation (BUD on their p 1perty in Key lairgo, Florida, and if approved, to determine the type of relief that is appropriate. PRELIMINARY STATEMENT ...........- This proceeding was initiated after Petitioners were advised by the Monroe County Planning Commission (Commission) that they could not build a single-family residence on their property because of zoning restrictions adopted by Monroe County (County) in 1986 . Pursuant to section 102-105, Monxoe County Code (M.C.C. ) , Petitioners filed an application for a BTID, claiming that the 1986 regulatory action by the County constitutes a compensable taking of their property, This administrative remedy, the current version of which was adopted by the County in 2007, is available to property owners to secure relief tlrxaugh a non-judicial process when they believe that a land development regulation (LDR) or comprehensive plan policy has deprived them of all beneficial use of their property. 2,S 5 102-102 , M.C.C. ; Future Land Use Element Policy 101-18 .5. Pursuant to a contract, the application was referred hy the commission to DOAH for a hearing before a special magistrate (administrative law judge) , fee 5 102-105, M.C.C. At the hearing, Scott D. Beauchamp testified on his own behalf and presentem e testimony of Emily Schemper, County Principal Planner; Randolph D. Wall, a builder and former 2 Planning Commissioner; &nd Robert A. Smith, an environmental consultant and accepted d as an expert. The County presented the testimony of Emily Schemper, who was accepted as an expert. County t composite Exhibit was also received. There is no transcript of the hearing. Proposed, :G ecommend orders were filed by—the parties, and they have been considered n the preparation of this Recommended, Order. FINDINGS OF FACT 1 . Petitioners purchased their property in September 2006 for . 00 (or at the peak of the Florida housing boom) . to parcel is located at the corner of MeridianAvenue and Lycaloma Avenue, mile marker 94M 5, on the Gulf of Mexico side o U.S. Highway I in Key Largo, It is also identifiedas Block 9 Section 3 of the Bad„ Haven Subdivision,n, an older, paxtially-developed subdivision comprised of four sections several hundred lots. . Since September 5, 1986, the subdivision,sion, including, Petitioners , "dot, has been z turban Residential (SR) , which allows only one residential unit per two acres , No challenge o that action was aka any person, and no contention. s been—made that the County failed to follow the establishedprocedure for adopting its LD s. A challenge to the 3 validity of the LDRs is now barred bythe statute o limitations . " See, S 95. 11 (3) (p) , Fla. Star. 3 . The Bay HavenSubdivision s located in South, Key Largo and was fist platted er World A . Building permits f all existinq homes in thesubdivision e , applied, for before the zoning change became effective in, September 1986 . Due to the SR restrictions, around 250 lots :remain vacant at this time ,including 99 in Section 3 where Petitioners, lot is located. Many of thesevacant lobs have been deeded by their owners o the County : or conservation: purposes in exchanger points that can be used with a ate of Growth Ordinance GO) 2 allocat develop other property in the County. 4 . Petitioners , corner ;dot lies at theintersection of two streets and hasirregular r shape with a large radius at the intersection. s bordered on two sides by single-family ohms, measures 8, 276 square feed;, or around 0 . 19 screw & d is somewhat larger than the typical subdivision lot sire of 5, 000 square feed. M Mr. Beauchamp, who resides in Wisconsin, testified that he purchased the groper with-the expectation of huilding home when he retired as an air traffic controller. Before: purck,ias,ing the property, he assumed that it was zoned Improved Subdivision ISbecause this was the zoning incorrectly on the multiple listing service sheet provided by his realtor. Neither6 . Mr. Beauchamp nor his realtor as familiar milia. with County zoning classifications or permissible uses for the parcel. Sometime in 2006 theysite a County of f ice to secure further information. Mr. Beauchamp says they spoke with unidentified "planners, " who told there that a single-family home could be built on the property. However, nothing was confirmed n writing, and there is no record of the meeting. Other than, this meeting, neitherBeauchamp nor h.is reap r° took any other steps to verifythe zoning on ther° p r y and/or any development µ str° on that might apply. Based solely on the oral advice given here two unnamed County employees, the Beauchamps purchased the lot. ,. According to Petitioners' expert, Robert Smith, before purcl,iasing a, vacant lot In the Keys, normal due diligence would require prospective purchaser to arrange pre-application conference with Planning Department staff and secure a written Letter of Understanding confirming the rights f the property" owner. See 5 110-3, M.C.C. However, ti e (and their. realt r) did of complete propr . die diligence; they sip ply chocked with an unidentified Coun oyee and without any other ranee purchased the property.'' 5 8 . In May 2012, Petitioners, agent, Randy a, . , a builder and former Planning Commissioner bm mm an attorney, met with a representative of the County BuildingDepartment o begin the process of securing approval to build a single-family residence on the property. Mr. Wall wasadvised at the zoning on the property was , which allows onlyone dwelling unit per twqa acres. This was confirmed in an—email dated July 13, 2012, from the Assistant Director of mom ng, which stated as follows: The parcel has a zoning desigruation of SR which requires Two (2) acres per residential unit. As noted �by plaruiinj staff, this parcel does not have sufficient mm area for the zoningand associated density. . 9. At the meeting, Mr. Wall also inquired about the possibility, of changing g m on on mm property from SR to IS (which would allow construction of a single-family home) , but decided not to pursue that option because he recognized the poor' prospects of securing a zoning change for a single lot in a large subdivision, when scores of other lots were subject to the same restriction.on. He assumed, probably correctly, that this might, invite a spot zoning challenge. 10 . other than having a discussion with County representatives, Mr. Waal did nothing more. He did not file an, application for a residential dwelling unit allocation under the con ount 'mprocess, or any other formal application for relief, such as a change in the zoning districtor a use designation, a variance, or an exception. 1 . Believing thatthe County staff would "fix the problem" because ,e County had mad " mistake" in reclassifying the entire m subdivision as SR, Mr4 Wall prepared and filed a BUD application, which was eventually deemed to be complete on September 27, 2013 . TheD process s ;,intended "to provide a means to resolve a landowner' s claim that a CLDRI or conprehensive plasm policy hashad an unconstitutional effecton 12 . An applicant for a BUD must m chid a statement'. , '. "describing the [LDR) , comprehensive plan policy, or other final action of the county, which the applicant e: .eves necessitates relief under this division. " 5 102-105 (b) (5) , M.C.C. The application at issue simplystated that "the adoption of the land use designation of SR for the st,ibdivision of Bay—Haven constituted a compensable taking. " The application did not refer to any comprehensive 'plan policy or final action taken by the County. As relief, the application catio eqm e m d Vim, the County take one of the two following actions: (a) change the Future Land Use Map and zoning designations to allow a residence to e built on time m ; or g time R zoning, issue a permit for development . . The BUD process requires applicantsstate whether they are alleging a facial or as—apple as-applied regulatoryk a the basis for administrative relief. Sep S , M.C.C. Unless a landowner asserts that a IMR or comprehensive plan provision, an its face, has caused a taking his property, relief is permitted only after "the landowner has received, a final decision an development approval applications from the county, �including building pexmit allocation system allocations, appeal,, administrative relief pursuant to section 138-54, and hey available ie , exceptions, or variances . " Id. . Mr. Wall did not formallyapply for any type odevelopment approval and received no final decision, as contemplate Code. However, Mr. Wall testified that e! "understood" the (,'ou, � a, wing that requirement in this instance. He also stated in the application that "Joe Haberman, contracted CA& the Beauchamps and informed them that staff had deemed this phase unnecessary and—to e directly to submitting. EBUDI application, " Other than this assertion, there is no evidence to confitm this understanding, and the County' s Principal Planner testified that a waiver had nDt been granted. e also confirmed that no development approval ppl ca had been filed, and no final decision had been inade, both required by he Code in order seek reliefder an " applied'' theory. Therefore, rightly or wrongly, as plainly stated ted ;u the application, Petitioners , basis for relief is that the LDR on its faceconstitutes a taking of their . perk. 15 .. Besides u„ single-family home, which is impermissible here due to size limitations off, the lot, two other uses are permitted as of right i u the SR district : community beekeeping. is; S 130-94 , M. C.C. o a property owner may apply for a minor conditional use, subject to approval by the I)Iaruaing 'Director. e m s minor conditionaluses include u d public or private communitytennis courts and swimming Quin' public buildings and uses; parks and community uses; institutionaluses; and churches, synagogues, and houses of warship, mHowever, Mr. Beaucbamp testified that he is not interested in any of these uses a ince he believes most, if not all, would be offensive to a residentialneighborhood or simply impractical ue to the size of his ot. The property can also be sold to the owners of adjacent taut 11 to be used as a side yard, its use before being purckmsed by Petitioners. Finally, the Principal Planner testified that there are transferable ab development rights (T'DR on the property, whose aluu at this time .is unknown. fee '. , M.C.C. Therefore,''ore, the Beauchamp are not deprived of all economically—beneficial use! of their property. 102-110 (c) , M.C.C. ( " Whe highest, common, or expected use, is not intended as an appropriate remedy, unless expressly required by applicable statute or case law") . 16 . There was no evidence from a property appraiser on the fair market value of the parcel, as encumbered by the regulation. CONCLUSIONS OF T 4,AW 17 . Pursuant to a contract with DOAH, after a RUD application is determined to be complete, it is trailzmitted to a special magistrate (administrative law judge) to set a hearing date. §,;S 5 102-105 (d) (2) , M.C.C. The hearing process is governed by the following broad guidelines established in subsection 102-106 (b) : At the hearing, the landow ier or landow per 's representative shall present the landowner' s case and the planning director or the plarinitig director' s representative shall, represent the county's case. The special magistrate may accept briefs, evidence, reports, or proposed recommendations from the parties, 18 . Section 102-109 (a) provides th,a,t relief under the BUD process: may be granted where a court of competent jurisdiction likely would determine that a final action by the county has caused a taking of property and—a judicial finding of liability would not be precluded cognizable defense, including lack of investment-backed expectations, statute of 10 limitations, laches, or other preclusions of relief . " 19 . The applicant has the burden of showing that relief is appropriate, Set S 102-109 (b) , 20 . An applicant must allege and then prove (a) that the enactment of a LDR or comprehensive plan provision, on its face, constitutes a taking of the property; or (b) that "other final. action" has been taken n a development approval application, which results in a taking of the property. 21 . The statute of limitations for the two remedies begins to run at different times. For a facial takings claim, it, begins to run on the date of the enactment of the regulaLion effectuating, the alleged taking. ...........M2nrq�_0.nty,,,, 999 So. A 709, 713 (Fla. A DCA 2008) . For anas-applied takings claim, it does not begin to run until the property owner has obtained a final decision from the land use authority regarding the application of the regulations to the property, Itt plyE 37 So. Q 932, 934 (Fla. 3d DCA 2010) , 22 . If the statute of limitations has run, or the zoning ordinance does not preclude all development of the property, a takings claim must necessarily fail , B, at 934 ; Collins at 713 . Here, the four-year statute of limitations accrued with the enactTent of the 1986 zoning ordinance and precludes a finding of liability on the part of the County. 102-109, 11. .C.C. while the parties dispute the economic productivity o the other uses allowed the property,ty, was not disputed that, e Code permits other uses the parcel can be sold, to the owners of adjacent Iot 11 to be used as a side t and there are TDRs associated the parcel that can be used ;for other purposes. Therefore, e he claim , d been timely filed, the mere enactment men regulation did not constitutealong of all economic value of the land. w For an as-applied takings claim be consideredripe, property owner must i ° e taken reasonableand necessary steps o allow the County to exercise its judgment regarding development l °chid ng the opportunity o grant waivers and variances her relief . §ee Collins at 71 ; 5 102-104, µ Potitionors suggest, w e ', that g . ei°t the circtmistances here, the filing of a development ppli ati n would e futile. Although e final action prerequisite may be satisfied :,� that attempts to comply would be, futile, futility is not established until at least one meaningful application been ;filed* Glisson�ov..Wo qua., n, � � o. d 1030, 1036 (Fla. past DCA 1990) (quoting pn entures v. Lake a , "meaningful application" a s been filed, and no final action has been taken. also, there in insufficient e 'proof to establish that the County intended to waive this requirement . Therefore, seen if the eaucha application does not implicate acia takings claim, an as-appliedclaim is not yet ripe and should be denied. . 24 . In summary, a court of competent jurisdiction likely would dete;mine that a final action of the caunty has not caused, a taking of property and a judicialding of liability would be precluded cognizable defense. Se,y S 2 10 M. c µ cM Therefore, the application should be denied. RECOMMENDATION Based an than foregoing Findings of 'Fact and Conclusions Law, it is RECOKMZNDED that theBoard of County—Commissioners many Petitioners , application for relief under the BUD Ordinance. . DONE AND ENT'RR,,,E'D this 10th day of July, 2014, in Tallahassee, Leon County, Florida. AL �b Administrative maw Judge Division of Administrative Hearings The DeSoto Building, 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 4 50 ,-967 Fax Filing (850) 921-6847 www.doah. state. fl .us 1 Filed with the Clerk of the Division of Administrative Hearings this loth day o,f July, 2014. RNDNOTES Even though the County gave timely and proper notice that a new zoning code and comprehensive plan were being adopted, Petitioners' agent, Mr. Wall, opined that many property owners, including himself, were unaware of the ramifications of the changes and failed to contest the LDRs or otherwise take any interest in the amendment process . 2 At the direction of the State, the ROGO was implemented in order to prov,ide for the safety of residents in the event of a hurricane evacuation and, to protect the significant natural resources of the County. ROGO is a competitive permit allocation, system whereby those applications with the highest scores are awarded building permits. Even though there are currently more than 8, 000 privately owned vacant lots in unincarporated Monroe County, Florida Administrative Code Rule 28-20.140 allows the County to issue only 197 building permits per year for new residential development within unincorporated, Monroe County, A, order to maintain established hurricane evacuation clearance times , This limitation onROGO permits extends through the year 2023 . Se,e, County fix. 1, Staff Report, pp. 12-13 . 1 The 'undersigned finds it puzzling that a licensed reactor in the Keys would be unfamiliar with zoning districts, related development restrictions, and the appropriate steps necessary to 'verify that information, 4 The record does not show how many times the property was sold between 1986 and 2006 . In any event, the undersigned assumes the latest sellers failed, to disclose the SR zoning restrictions when they of the property—to the Beauchamps in 2006 . 9 At hearing, and in their Proposed Recoiwnended Order, Petitioners took the position that their application implicated an as-applied takings claim. 'rhey did not directly respond to the County's treatment of the application as a facial takings claim,, '14 COPIES FURNISHED: Gail Creech, Clerk Monroe County Planning Commission, Suite 410 2798 Overseas se g y Marathon, Florida 33050-2227 Andxew M. Tobin, Esquire Andrew M. Tobin, P.A. Poet Office Box 620 Tavernier, Florida 33070-0620 Dusk V. Howard, Esquire Assistant, County Attorney Post Office Box 1026 Key West, Florida 33041-1026 O ICE OF FURTHER RIGHTS This Commissioners .,p wring, ��� � � Board County Recommended d the time and peace of such &ring will be noticed by the County. 5