Resolution 124-2004
County Attorney
RESOLUTION NO. 124 -2004
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: JAMES E. LEWIS, JR.
WHEREAS, on January 4, 1996, the Monroe County Year 2010 Comprehensive Plan
became effective; and
WHEREAS, the application of JAMES E. LEWIS, JR. 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, dated May 1, 2003, are
APPROVED. It is determined that in accordance with the provisions of Section 9.5-171 of
the Code, the applicant has been deprived of all economic use of his 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 lot, to the extent that
it is above mean high water, 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 March, 2004.
Mayor Nelson
Mayor Pro Tem Rice
Commissioner McCoy
Commissioner Neugent
Commissioner Spehar
yes
yes
yes
yp,,"
yes
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
ByG'-f~
Deputy lerk
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MONROE COUNTY ATTORNEY
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D;t~l~!~ ~~V'TTQftNEY
BENEFICIAL USE
MONROE COUNTY SPECIAL MASTER
In Re: James E. Lewis, Jr.
-Beneficial Use Application
/
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
Application for a Detennination of Beneficial Use was filed by James E. Lewis, Jr. (the '<Applicant").
Andrew Tobin represented the Applicant, 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 Applicant has 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 of the Monroe County Code (the "Code"), and whether
the Applicant is 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. The property of the Applicant subject to this Hearing is an unimproved lot located in
Ramrod Shores Subdivision, Ramrod Key, and is zoned Improved Subdivision - Native Area District!
Improved Subdivision (IS-NA),
2. The Applicant purchased Lot 5, a Portion of Tract A, Ramrod Shores Third Addition, RE #
00209971-004604, which is the subject of this Hearing (the <<Lot"), on September 30, 1977,
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 of the
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. The Lot was determined by the ADID Study to be <<Red_Flag" wetlands, which are defined
in the Memorandum to be '<those wetlands whose high level of functional capacity and lack of
disturbance prohibit development under any circumstances."
CONCLUSIONS OF LAW
5. The Lot is designated Improved Subdivision - (IS-NA). The Improved Subdivision
designation allows one single family residential dwelling on the Lot.
6. The provisions of Policy 102.1.1 of the Plan and Section 9.5-343 of the Code, both of
which impose a one hundred percent open space requirement for wetlands, as implemented by the
terms of the Memorandum, have rendered the Lot unbuildable in that development is expressly
prohibited under any circumstances by the Memorandum, Thus, the Applicant has been deprived of all
reasonable economic use of the Lot.
7. There are no variances or other administrative options available to the Applicant for
development of the Lot.
8, 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 by operation of the environmental policies or objectives
contained in the Plan or application of Division 8 of the Land Development Regulations (Section 9,5-
343 is contained in Division 8 of the Land Development Regulations), is government purchase ofthe
property for just compensation,
9. The Applicant and the Planning Director have agreed that this 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 detennination
is that the Applicant has been deprived of all reasonable economic use of the Lot 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 Lot in accordance with applicable provisions of the Plan and the
Code.
DONE AND ORDERED this 1st day of May, 2003. /
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John J. %lfe/Special Master
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