Item S2BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 17, 2002 Division: County Attorney
AGENDA ITEM WORDING:
Public Hearing of Resolution of the Recommended Beneficial Use Determination of 9 Big Pine Key
property owners.
ITEM BACKGROUND:
Hearing Officer John J. Wolfe issued a Proposed Beneficial Use Determination.
PREVIOUS RELEVANT BOCC ACTION:
Adoption of Monroe County Year 2010 Comprehensive Plan and ROGO.
STAFF RECOMMENDATION:
Approval.
TOTAL COST: N/A
Cost to County:
APPROVED BY:
BUDGETED: Yes No
County Attorney X OMB/Purchasing Risk Management
DIVISION DIRECTO
DOCUMENTATION: Inclu d To Follow Not required
AGENDA ITEM #_
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: RACHEL MARIE BROOKS, STEVEN S.
AND CAROL BROWN, THOMAS F. AND PATRICIA COLLINS, DONALD
DAVIS, RICHARD J. JOHNSON, JOSEPH C. AND ELDA S. MAGRINI,
CHARLES W. AND SUSAN M. PEABODY, JR., KEITH P.
RADENHAUSEN, PAUL F. REUTER
WHEREAS, on January 4, 1996, the Monroe County Year 2010 Comprehensive Plan became
effective; and
WHEREAS, the applications of the above applicants for determination of beneficial use was
heard by Special 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, Conclusions of Law and recommendations of the Special Master as set
forth in the Proposed Beneficial Use Determination are APPROVED and it is determined that the
applicant has been deprived of all economic use of their property and that the appropriate
remedial action is just compensation by purchase of the lot in accordance with the applicable
provisions of the Plan and the Code.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of the Board held on the 17th day of July , 2002.
Mayor Charles McCoy
Mayor Pro Tem Dixie Spehar
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner Bert Jimenez
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
By
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor/Chairman
BENEFICIAL USE
MONROE COUNTY SPECIAL MASTER
In Re: Rachel Marie Brooks
Steven B. and Carol A. Brown
Thomas F. and Patricia Collins
Donald Davis
Richard J. Johnson
Joseph C. and Elda Stephanie Magrini
Charles W. Peabody, Jr. and Susan M. Peabody
Keith P. Radenhausen
Paul F. Reuter,
-Beneficial Use Applications
PROPOSED
BENEFICIAL USE DETERMINATION
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 Objective 301.2 of the Year 2010 Comprehensive Plan (the "Plan"), and Section 9.5-
292 of the 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 Big
Pine Key, and are zoned Improved Subdivision (IS).
2. The Applicants purchased their respective lots which are the'subject of this Hearing (the
"Lots"), as shown below on the dates indicated below:
Applicant(s) Lot, Block RE Number Purchase
Date
Rachel Marie Brooks Lots 2 and 3, Block 8 01384551-000000 & 7/15/77
Doctors Arm Subdivision 01384542-000000
Steven B. Brown and
Lot 25, Block 4 Pine
0024864-000000
5/15/91
Carol A. Brown
Channel Estates, Sect 2
Thomas F. Collins and
Lots 1 & 2, Doctors Arm
00312570-000200 &
4/25/91 &
Patricia Collins
Subdivision 31 Addition
003125710-000300
5/15/87
Donald Davis
Lot 38, Section B Doctors
00312572-0039001
8/2/82
Arm Subdivision
Richard J. Johnson
Lot 1, Block 12, and Lot
00314250-000000 &
4/7/86 &
10, Block 11, Tropical Bay
00314220-000000
4/15/90
3Td Addition,
Joseph C. Magrini and
Lot 21, Block 4, Pine
00248600-000000
10/29/94
Elda Stephanie Magrini
Channel Estates, Sect'?
Charles W. Peabody, Jr.
Lot 26, 27 & 28, Block 5,
00311840-000000 &
4/27/78
and Susan M. Peabody
and Lot 22, Block 7,
00311850-000000 &
Doctors Arm Subdivision
00311860-000000 &
F Addition
00312230-000000
Keith P. Radenhausen
Lot 6, Blue Lagoon Street,
00293150-000000
3/31/89
Port Pine Heights 2"d
Addition
Paul F. Reuter
Lot 14, Block 3, Pine
00248160-000000
1 /9/95
Channel Estates, Sect 2
3. All of the Lots are upland scarified lots, and, as such, do not have on site environmental
constraints to development.
4. There currently exists a moratorium (the " Moratorium") on all development activities on
Big Pine Key which could generate additional trips. The Moratorium exists pursuant to Objective
301.2 of the Plan and Section 9.5-292 of the Code. Objective 301.2 directs the County to "Ensure
that all roads have sufficient capacity to serve development at the adopted LOS standards concurrent
with the impact of said development." Section 9.5-292 establishes a minimum Level of Service
("LOS") C for each road segment of U.S. Highway 1. The Big Pine Key segment is below the LOS
C threshold. Therefor, the segment is considered inadequate and subject to the Moratorium.
5. A Habitat Conservation Plan is being prepared for Big Pine Key which will include
requests for permits from the U.S. Fish and Wildlife Service for road improvements which should
improve the LOS on U.S. Highway 1. However, completion of such plan and permitting approvals
may be several years in the future. Even if approval is obtained, funding, design and construction
will further increase the time before improvements can be made to the road segment.
6. The Applicants filed their Applications for Determination of Beneficial Use in January,
1997, almost four years prior to the date of this Hearing.
CONCLUSIONS OF LAW
7. The Lots are designated Improved Subdivision (IS), which allows one residential dwelling
per lot.
8. The provisions of Objective 301.2 of the Plan and Section 9.5-292 of the Code, have
resulted in the Moratorium. As a result, the Applicants are not able to obtain a building permit even
if they were able to obtain a ROGO allocation. Any relief from the Moratorium is unlikely before
the passage of at least several more years due to the uncertainty surrounding the Habitat
Conservation Plan being prepared and what effect it may have on future development. Thus, as the
Planning Department agrees with, due to the combination of the Moratorium and the unique
environmental constraints affecting Big Pine Key, the Applicants have been denied all reasonable
economic use of the Lots within the meaning of Policy 101.18.5
9. The preferred relief under Policy 101.18.5 of the Plan and Section 9.5-173 of the Code,
when beneficial use has been deprived, but is required to protect the public health, welfare or safety
is government purchase of the property for just compensation. This is also consistent with Policies
207.7.3 and 207.7.4 of the Plan to identify key deer habitat areas as priority acquisition sites and to
coordinate programs for acquisition with federal, state and non-profit conservation organizations.
10. The Applicants and the Planning Director have agreed that government purchase of the
Lots for just compensation is the preferred relief.
PROPOSED DETERMINATION
AND
STATEMENT OF REMEDIAL ACTION
In accordance with the provisions of Section 9.5-171 of the Code, my proposed
determination is that the Applicants have been deprived of all reasonable economic use of their
property by the operation of the Plan and Land Development Regulations of the Code, and that the
appropriate remedial action is just compensation by purchase of the Lots in accordance with
applicable provisions of the Plan and the Code.
DONE AND ORDERED this 25th day of June, 2001.
John J. Y61fe
Special'aster
v