Loading...
Item F07 Board of County Commissioners AGENDA ITEM SUMMARY Meeting Date: March 20, 2002 Division: County Attorney AGENDA ITEM WORDING: Public Hearing for a Resolution of Recommended Order for Denial of Beneficial Use for the application of Peter, Anthony, Jack & George Tsavdaris. ITEM BACKGROUND: Hearing Officer John Wolfe issued a Recommended Order of Beneficial Use Determination on May 21, 2001. PREVIOUS RELEVANT BOCC ACTION: Adoption of Monroe County 2010 Comprehensive Plan and ROGO. STAFF RECOMMENDATION: Approval for the Beneficial Use Denial TOTAL COST: N/ A BUDGETED: Yes No Cost to County: N/ A APPROVED BY: County Attorney X OMB/Purchasing Risk Management DIVISION DIRECTOR>APPROV~ DOCUMENTATION: Included ----2L- To Follow Not required AGENDA ITEM # r;7 County Attorney RESOLUTION NO. -2002 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: PETER, ANTHONY, JACK & GEORGE TSAVDARIS. WHEREAS, on January 4, 1996, the Monroe County Year 2010 Comprehensive Plan became effective; and WHEREAS, the application of Peter, Anthony, Jack & George Tsavdaris for determination of beneficial use was heard by Special Master John J. Wolfe on December 18, 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 Beneficial Use Determination is DENIED and it is determined that the applicant has not been deprived of all economic use of their property and that the property may be filled for development. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 20th day of March 2002. Mayor Charles McCoy Mayor Pro Tem Dixie Spehar Commissioner Murray Nelson Commissioner George Neugent Commissioner Nora Wi lliams (SEAL) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairman # BENEFICIAL USE MONROE COUNTY SPECIAL MASTER In Re: Carol Foley Regina Gonzalez Richard & Carol May Nils & Mary Norling Peter, Anthony, Jack & George Tsavdaris -Beneficial Use Application / PROPOSED DENIAL OF BENEFICIAL USE The above entitled matter was heard at a duly-advertised and regularly scheduled, public hearing on December 18,2000, before John J. Wolfe, designated Beneficial Use Special Master. The Applications for a Determination of Beneficial Use filed by each of the above applicants (the "Applicants"), involve substantially identical issues and were consolidated for purposes of this Hearing by agreement of the Applicants and Monroe County. Andrew Tobin represented the Applicants. Assistant County Attorney Karen Cabanas, Director of Planning, Marlene Conaway, Assistant to the Planning Director, Julie Thomson, and Biologist, Ralph Gouldy, represented Monroe County. ISSUE Whether the Applicants have been denied all reasonable economic use of their property by application of Policy 102.1.1 of the Year 2010 Comprehensive Plan (the "Plan"), as implemented by a 1999 Memorandum of Agreement between Department of Community Affairs and Monroe County (the "Memorandum"), and Section 9.5-343 ofthe Monroe County Code (the "Code"), and whether the Applicants are entitled to relief under Policies contained in Objective 101.18.5 of the Plan and Section 9.5-173 of the Code. FINDINGS OF FACT 1. All properties of the Applicants subject to this Hearing are unimproved lots located on Center Island, Duck Key, and are zoned Improved Subdivision - Masonry (IS-M). 2. The Applicants purchased their respective lots which are the subject of this Hearing (the "Lots"), as shown below on the dates shown below: Applicant(s) Lot. Block RE Number Purchase Date Carol Foley Lot 8, Block 4 00379900 1/15/87 Regina Gonzalez Lots 13 & 14, Block 4 00379950&00379960 8/18/89 Richard and Carol May Lot 21, Block 3 00379670 11/21/86 Nils and Mary Norling Lots 2 & 3, Block 14 00381900&00381910 12/14/80 Peter, Anthony, Jack & Lots 1,2 & 9, Block 13 00381800 & 00381810 4/30/87 George Tsavdaris & 00381880 3. In 1998, Monroe County completed a study, Advanced Identification of Wetlands (the "ADID Study"), as directed in Policy 204.1.1 of the Plan which included a method to "score" lots/properties with wetlands characteristics and assign a numeric value reflecting the quality ofthe wetlands found on such lots/properties. The scoring methodology was implemented by the adoption of interim standards for development in disturbed wetlands as set forth in the Memorandum. Wetlands which score at 7.0 or higher are considered high functional capacity wetlands, and are so- called "red-flag" wetlands, because development of such wetlands is prohibited under any circumstances. Wetlands which score below 7.0, but greater than or equal to 4.6 are considered moderate functional capacity wetlands. Wetlands which score less than 4.6 are considered low functional capacity wetlands. Moderate and low functional capacity wetlands are suitable for development with appropriate mitigation. The Memorandum specifically provides that the interim standards are to be strictly construed. 4. All of the Lots, except the Tsavdaris lots listed above, were determined by the ADID Study to have low functional capacity wetlands on all or portions of the Lots. The Tsavdaris lots were determined to have moderate functional capacity wetlands on all or a portion of such lots. As stated above, these wetlands are suitable for development with appropriate mitigation. Given the small size of the Lots, it is most likely that the mitigation will be offsite mitigation to be accomplished through payment of a fee to a restoration fund in the amounts determined in accordance with the formula set forth in the Memorandum. CONCLUSIONS OF LAW 5. The Lots are designated Improved Subdivision - Masonry (IS-M), which allows one residential dwelling per lot. 6. The Applicants have not been deprived of all reasonable economic use of the Lots by the application of Policy 102.1.1 ofthe Plan and Section 9.5-343 of the Code. Due to the fact that all of the Lots have been determined to be either low or moderate functional capacity wetlands by applying the interim standards set forth in the memorandum, the Lots may be filled for development in accordance with the provisions of the Memorandum and Section 9.5-345 of the Code. PROPOSED DETERMINATION WHEREFORE, I recommend to the Board of County Commissioners that a final beneficial use determination be entered denying Applicants' beneficial use applications. DONE AND ORDERED this ell dctay of May, 2001. County of Monroe Department ofPlanninlt and Environmental Resources 2798 Overseas Highway, Suite 410 Marathon, Florida 33050 Voice: (305) 2892500 FAX: (305) 2892536 Board of County Commissionen Mayor George Neugent, Dist 2 Mayor Pro Tern Nora Williams, Dist. 4 Commissioner Sonny McCoy, Dist. 3 Commissioner Murray Nelson, Dist 5 Commissioner Dixie Spehar, Dist. I MEMORANDUM TO: John Wolfe, Esq., Special Hearing Officer From: K. Marlene Conaway, Director Department of Planning and Environmental Resources Date: November 13,2000 Subject: Peter, Anthony, Jack, & George Tsavdaris, Beneficial Use Case Background on Subject Property The applicant purchased the subject property in April of 1987. The property consists of Lots 1,2 & 9, Block 13, Center Island Duck Key, according to the plat thereof recorded in Plat Book 5 page 82, of the Public Records of Monroe County. The subject lot is vacant and zoned IS-M. The County Biologist examined the property for environmental status in April 2000. The Lots are characterized as containing moderate quality wetlands. Permitting History No permits have been issued or applied for on this lot. Development Potential The improved Subdivision designation of the property allows one single family residential dwelling and accessory uses to be located on each lot. As an improved subdivision, it has no TDR value under the current code. The Monroe County Year 2010 Comprehensive Plan, January 4, 1996, Policy 102.1.1 includes a one hundred percent open space requirement for freshwater wetlands and a 50-foot buffer around freshwater resources. In 1998, the County completed a study (ADID, or Advanced Identification) of wetlands in Monroe County as directed in Plan Policy 204.1.1. A portion of the study included a method to "score" wet lots and assign a numeric value, which reflects the quality of the wetlands. A 1999 Memorandum of Agreement between Department of Community Affairs and Monroe County pursuant to Section 380.032, Florida Statutes implemented the scoring methodology. Fill and development, with appropriate mitigation, are allowed in disturbed wetlands of low and moderate functional capacity according to the MOD. Lot 8 was scored 2.78 by the County Biologist and is therefore a low functional capacity wetland. Low functional capacity wetlands are assigned a green-flag designation and are considered suitable for development. An application can be processed for construction of a single family dwelling on the subject lot. The attached memo details the process to be followed when requesting a permit to develop in a low functional capacity wetland. Of course, the applicant will also be required to obtain an allocation under the Rate of Growth Ordinance (ROGO), a nutrient reduction credit, and will be bound by all current Land Development Regulations. Eligibility for Beneficial Use Section 9.5-173 of the Monroe County Land Development Regulations requires the applicant to demonstrate that the 2010 Comprehensive Plan and the Land Development Regulations in effect at the time of the filing of the beneficial use application deprive the applicant of all reasonable use of his or her property. Policy 101.185 of the Comprehensive Plan defines "all reasonable economic use" as the minimum use of the property necessary to avoid a taking within a reasonable period of time as established by law. The subject property contains a disturbed low quality wetland; the lot may be filled and developed with appropriate mitigation, and the required ROGO allocation, nutrient reduction credit, and permits. The applicant is eligible to apply for an allocation under ROGO and participate in the permitting process. Duck Key is located in the Middle Keys where competition has been minimal since the incorporation of Marathon. Therefore, the Planning Department finds that the applicant has not been denied all reasonable economic use of his property and is therefore not eligible for beneficial use determination. Recommendation: It is recommended that the Special Hearing Officer find that the applicant has not been deprived of all reasonable economic uses of his property and is not entitled to beneficial use relief cc. Timothy McGarry, Director of Growth Management Mark Rosch, Monroe County Land Authority Andrew Tobin, Esq. Karen Cabanas, Esq.