Item T1
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Board of County Commissioners
AGENDA ITEM SUMMARY
Meeting Date:
September 20, 2000
Division: County Attorney
AGENDA ITEM WORDING:
Public Hearing on Resolution of Recommended Order of Beneficial Use on the
application of Barbara Mott.
ITEM BACKGROUND:
Hearing Officer J. Jefferson Overby issued a Recommended Order of Beneficial Use
Determination on May 15, 2000.
PREVIOUS RELEVANT BOCC ACTION:
Adoption of Monroe County 2010 Comprehensive Plan and ROGO.
STAFF RECOMMENDATION:
Approval.
TOTAL COST:
BUDGETED: Yes
No
Cost to County:
APPROVED BY:
County Attorney
x
OMB/Purchasing
Risk Management
DIVISION DIRECTOR APPROVA~
DOCUMENTATION: Included -2L- To Follow _ Not required
AGENDA ITEM #
\ -TI
NOTICE OF PUBLIC HEARING OF BENEFICIAL USE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on September 20, 2000 at
3:00 PM at the Marathon Government Center, 2798 Overseas Highway, Marathon,
Florida, the Board of County Commissioners intends to consider the following Beneficial
Use Determinations:
Applicant Name
Property Description
Barbara Mott
Lots 15 & 16, Block 4, Center Island, Duck Key
Resub, Section 2, Part, Duck Key
Milius and Lori Skidmore
Lot 46, Revised Plat of Amended Plat of Sugarloaf
Shores
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decided
to appeal any decision made by the Board with respect to any matter considered at such
hearings or meetings, he will need a record of the proceedings, and that, for such
purpose, he may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based.
Copies of the above-referenced determinations are available for review at the various
publiC libraries in Monroe County, Florida.
Dated at Key West, Florida, this 4th day of August, 2000.
(SEAL)
DANNY L. KOLHAGE, Clerk of the Circuit Court
and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
Reauested publication date
Keynoter
August 19, 2000
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County Attorney
RESOLUTION NO.
-20000
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, EVIDENCING THE BOARD'S APPROVAL OF A
RECOMMENDED BENEFICIAL USE DETERMINATION PROMULGATED BY
THE SPECIAL MASTER. IN RE: THE APPUCATION OF BARBARA MOTT
WHEREAS, on January 4, 1996, the Monroe County Year 2010 Comprehensive Plan
became effective; and
WHEREAS, the application of BARBARA MOTT for determination of beneficial use was
heard by Special Master J. Jefferson Overby on February 16, 2000; now therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, that:
The Findings of Fact and Conclusions of Law and recommendations of the Special Master
as Set forth in the proposed determination are APPROVED and the application of BARBARA
MOTT is accordingly APPROVED, subject to the conditions listed in the attached Proposed
Beneficial Use Determination, dated May 15,2000.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of the Board held on the day of September, 2000.
Mayor Shirley Freeman
Commissioner Wilhelmina Harvey
Commissioner George Neugent
Commissioner Mary Kay Reich
Commissioner Nora Williams
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/ Chairman
Jbumott
.. .
BENEFICIAL USE
MONROE COUNTY SPECIAL MASTER
In Re: Barbara Mott- Beneficial Use
Application
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PROPOSED
BENEFICIAL USE DETERMINATION
The above entitled matter was originally heard at a duly-advertised and regularly
scheduled, public hearing on January 23, 1998, by J. Jefferson Overby, designated
Beneficial Use Special Master. Nicholas Mulick, Esq., now of Hershoff, Lupino, &
Mulick, represented the applicant, Barbara Mott, and Assistant County Attorney Garth
Coller, Planning Director Timothy J. McGarry, Director of Planning and Ross Alliston,
Director of Monroe County Division of Environmental Resources, represented Monroe
County. This case was continued by the hearing officer to give the county time to
complete and adopt its ADID (wetlands) program. The County has now done so and the
matter was re-set to February 16, 2000, at a regularly scheduled and advertised public
hearing, held at the Government Center in Marathon. Nicholas Mulick represented the
applicant, Barbara Mott, and Assistant County Attorney Garth Coller and Planning
Director K. Marlene Conaway, represented Monroe County.
ISSUE
Whether the applicant will be denied all reasonable economic use of his property
by application of Policy 2040206 of the Year 2010 Comprehensive Plan, and whether the
applicant is entitled to relief under Policies contained in Objective 101.18 of the Year
2010 Comprehensive Plan (as administered and implemented in the "Agreement between
the Department of Community Affairs and Monroe County" dated February 23, 1998),
the approved portions of Ordinance 052-1997 and the Monroe County Code.
FINDINGS OF FACT
1. The Applicant purchased the subject property in December 9, 1988, which
are two lots of record, located at Lots 15 & 16, Block 4, Center Island, Duck Key Resub,
Section 2, Part 1, Duck Key, Book 5, Page 82 (RE #00379970-000000 & 00379980-
000000, respectively). The subject lots are vacant and are zoned Improved Subdivision
(IS). Lots 15 & 16 are characterized as low functional capacity freshwater wetlands.
2. The Applicant has no permitting history other than the recording of the
subdivision plat.
3. The Improved Subdivision zoning of the subject property allows one
residential dwelling and accessory uses to be permitted on each lot, but for the
implementation of the 2010 Comprehensive Plan. The subject lots have no TDR value
under the current code.
CONCLUSIONS OF LAW
4. The Applicant's lots are designated Improved Subdivision (IS), which
allows one residential dwelling on each lot.
5. Application of Policy 204.206 of the 2010 Comprehensive Plan has
rendered the lots unbuildable.
A. The Monroe Land Development Regulations and the
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Comprehensive Plan require restrictive open space for disturbed wetlandso These
requirements render lots 15 & 16 unbuildable.
B. The applicant has no ability for obtaining a variance from the
regulations for this lot which prevents development.
C. The applicant filed a timely application for determination of
beneficial use.
D. The subject property has been identified as suitable for
development using the current Advance Identification Wetlands (ADID)regulations, with
mitigation.
60 Pursuant to Policy 101.18.5 and Section 4(D) of the Agreement between
DCA and Monroe County, I have considered:
A. the economic impact of the Policy (or regulation) that prohibits
development on the applicant's lots, which are located within an Improved Subdivision;
and
B. the extent to which the regulation has interfered with the
applicant's reasonable investment-backed expectation that some use could be made of
these lots; and
C. Staff recommendations.
7. The Planning Department has admitted that the applicant has been denied
all reasonable economic use of his property.
8. A strict application of Policy 204.2.6 would prevent or prohibit the
applicant from developing a single family dwelling on each lot.
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9. Although just compensation is the preferred option under Policy 101.18.5,
neither the applicant is interested in selling, nor the land authority is interested in
acquisition of these wetland, disturbed lots, which are located in a mostly-developed,
small-lot subdivision.
10. Limited development of these lots should be approved as the minimum
necessary to avoid a taking based on current land use case law, and that these lots are
suitable for development under specific conditions with mitigation.
WHEREFORE, I recommend to the Board of County Commissioners that a final
beneficial use determination be entered approving limited development on these lots
(Lots 15 &16) subject to the following conditions:
1. The applicant shall be allowed to submit a building permit
application for construction of a single family house on each of Lots 15 & 16 or one
single family dwelling if the lots are combined.
2. Both lots shall be required to retain a 20 percent (20%) open space
requirements and no filling shall be allowed within the designated open spaces.
3. The applicant shall be required to obtain an allocation under the
County's Rate of Growth Ordinance (ROGO) and shall be bound by all current and future
county Land Developments except Comprehensive Plan Policies 203.1.3 (wetland
setbacks) and 204.2.4 (ADID), and then only as conditioned and provided for in this
beneficial use determination to allow construction of a single family house on each of Lot
15 & Lot 16.
4. This Beneficial use determination shall not exceed ten (10) years
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and is contingent upon the applicant's releasing Monroe County from all liability, if any,
past, present and future, with regards to the subject properties.
DONE AND ORDERED this 15 day of May, 2000.
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