Resolution 254-1999
County Attorney
RESOLUTION NO. 254-1999
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 APPLICATION
NGA JONES AND PHUONG T. NGUYEN
WHEREAS, on January 4, 1996, the Monroe County Year 2010 Comprehensive Plan became
effective; and
WHEREAS, the application of Nga Jones and Phuong T. Nguyen for determination of
beneficial use was heard by Special Master J, Jefferson Overby on January 23, 1998; 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, dated February 28, 1999 are APPROVED
recommending purchase of the subject property by the County's Land Authority at a fair market
price.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
regular meeting of the Board held on the 9th day of June, 1999,
Mayor Wilhelmina Harvey
Commissioner Shirley Freeman
Cor:nmissioner George Neugent
C6ni~ssioner Mary Kay Reich
Commissioner Nora Williams
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BENEFICIAL USE
MONROE COUNTY SPECIAL MASTER
In Re: Nga Jones and Phuong T. Nguyen- 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. Applicants appeared by mail only 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 for 90 days
to allow the County to complete its freshwater wetlands study involving the subject
property. The matter was re-set to May 26, 1998 at a regularly scheduled and advertised
public hearing.
ISSUE
Whether the applicants will be denied all reasonable economic use of their
property by application of Policy 204.2.6 of the Year 2010 Comprehensive Plan, and
whether the applicants are 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
I. The Applicants purchased the subject property in February 1987, which is
a lot of record, located at Lot 14, Block 10, Duck Key Resub, Sec 2, Part I
(RE#00381340-000000). The subject lot is vacant and is zoned Improved Subdivision
(IS). The subject lot is characterized as freshwater wetlands.
2. The Applicants have no permitting history other than the recording of the
subdivision plat and the requesting of a site conditions survey which was completed in
February 1997.
3. The Improved Subdivision zoning of the subject property allows one
residential dwelling and accessory uses to be permitted on the lot, except for the
implementation of the 2010 Comprehensive Plan. The subject lot has no TDR value.
CONCLUSIONS OF LAW
4. The Applicants' lot is designated Improved Subdivision (IS), which allows
one residential dwelling on the lot.
5. Application of Policy 204.2.6 of the 2010 Comprehensive Plan has
rendered the lot unbuildable.
A. The Monroe Land Development Regulations and the
comprehensive Plan require 100% open space for freshwater wetlands.
B. The applicants have no ability for obtaining a variance from the
regulations for this lot which prevents development.
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C. The applicants filed a timely application for determination of
beneficial use.
D. The subject property has been identified as unsuitable for
development using the Keys Wetland Evaluation Procedure (KEYWEP).
6. 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 applicants' lot, which is located within an Improved Subdivision;
and
B. the extent to which the regulation has interfered with the
applicants' reasonable investment-backed expectation that some use could be made of
this lot; and
C. Staff recommendations for purchase.
7. The Planning Department has admitted that the applicants have been
denied all reasonable economic use of their property.
8. A strict application of Policy 204.2.6 would prevent or prohibit the
applicants from developing a single family dwelling on this lot.
9. Since just compensation is the preferred option under Policy 101.18.5, and
the applicants are interested in selling and the land authority is interested in acquisition of
this isolated, freshwater wetland lot, purchase is the preferred option.
WHEREFORE, I recommend to the Board of County Commissioners that a final
beneficial use determination be entered recommending purchase of the subject property
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by the County's land authority at a fair market value immediately prior to the effective
date of the 2010 Comprehensive Plan or January 4, 1996.
DONE AND ORDERED this 28th day of February, 17'
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