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Resolution 127-2004 County Attorney RESOLUTION NO. 127 -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: NORA RODRIGUEZ AND E.G. RODRIGUEZ, RODOLFO AND ALINA GIL WHEREAS, on January 4, 1996, the Monroe County Year 2010 Comprehensive Plan became effective; and WHEREAS, the application of NORA RODRIGUEZ AND E.G. RODRIGUEZ, RODOLFO AND ALINA GIL 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 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 following lots, to the extent that it is above mean high water, in accordance with the applicable provisions of the Plan and the Code: Lots 9, 10, 15, 18, 23, 24, Block 10 and Lots 11, 12, 14, Block 3, Thompson's Subdivision. It is determined that Lots 16 and 17, Block 10, Thompson's Subdivision are buildable and the Applicants have not been deprived of all reasonable economic use of their Lots. (SEAL) ~ttest: DANNY L.KOLHAGE, Clerk Bl:3~~ DeputYClerk JBURodriguez/Gil PASSED AND ADOPTED by the Board of County Commissioners of tjonroe QJunty, Florida, at a regular meeting of the Board held on the 17th day of March, 20~..~ ~ ~ :.: ,? :J!: :tlIa ", C r- ::;c --0 ' Mayor Nelson yes ,...,~-< =0 a M. "r-''''' ayor Pro Tem Rice yes ;2r?' -.....J c) ,Commissioner McCoy ves ~~f2:r.:a;:tj ~'Coq'1miSSioner Neugent ves ~'~~5;'~:X ~~ 'COmmissioner Spehar yes r - 'f?~-. ,':> ___.J .. ;':.:; .:....> BOARD OF COUNlY COMMISSIONERS OF MONROE COUNlY, FLORIDA MONROECO~~Y:/~ A V FORM: BENEFICIAL USE MONROE COlJN1Y SPECIAL MASTER In Re: Nora Rodriguez and E. G. Rodriguez Emesto Iglesias RodoJfo &. Alina GiJ Jack Hill and Dorothy Hill -Beneficial Use Applications I 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 T obiIr represemed 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"), and Policy 204,2.1 which includes a 1000,10 open space requirement for mangrove and salt marsh wetlands, with respect to certain lots, the land use density requirements for other lots, and whether the Applicants are entitled to reliefunder Policies contained in Objective 101. ) 8.5 ofthe Plan and Section 9.5-173 of the Monroe County Code (the "Code"). FINDINGS OF FACT ]. All properties of the Applicants subject to this Hearing are unimproved lots located on Thompson's Subdivision, Key Largo, and are zoned Suburban Residential (SR). 2, The Applicants purchased their respective lots which are the subject of this Hearing (the "Lots"), as shown below on the dates indicated below: ADDlicant(s) Lot.. Block RE Number Purchase Date Nora Rodriguez and E. G. Lots 9, 10, 15m 00442090-000000 & Block 3 RodriguezlR.odolfo & 18,23,24 Bloc and 00442100-000000 & Lots - Alina Gil Lots 11, 12, J4, Block: 3, 00442150-000000 & 11/1981 Thompson's Subdivision 00442160-000000 & Block 10 00442170-000000 & Lots - 00442180-000000 & 00442230-000000 & 4/1982 00442240-000000 & 00440320-000000 & 00440330-000000 & 00440350-000000 & Emesto Iglesias Lots 24, 25 & 27, Block 00440470-000000 & 2/1 984 3, Thompson's 00440480-000000 & SubclMsion 00440500-000000 Jack & Dorothy Hill Lots 1,21 & 22, Block 9, 0044 I 780-000000 . 1 O/J 984 Thompson's Subdivision 3. Thompson's Subdivision is primarily a "paper subdivision" with little infrastJlJcture in place. 4. Policy 102.1.1 and Policy 204.2. I of the Plan include a lOOOt'o open space requirement for mangrove and salt marsh wetlands. Allocated density may be assigned to salt marsh wetlands for use as transferable development rights; mangroves shall not be assigned any density or intensity. Mangrove habitat has no development value and is protected by Federal and state regulations. 5. The Lots in Block 3 are all characterized as hardwood hammock, are too small to build on due to the combination of SR zoning and the fact that they are too small to accept tr8J18ferable development rights. 6, All Lots in Blocks 9 & 10, except Lots 16 & 17 of Block 10, were detennined to be Mangrove and Salt Marsh Wetlands - predominantly Mangrove, which prohibits development under any circumstances. 7. Lots 16 & 17 of Block 10 are characterized as disttrrbed with exotics and are capable of submitting ROGo applications and receiving ROGO allocations. CONCLUSIONS OF LAW 8. The Lots are designated Suburban residential (SR), which aJlows one residential dwelling per two acres. 9. The provisions of Policy 102.1. I and policy 204.2.1 of the Plan provide that no portion of the Lots on Blocks 9 & 10, except Lots 16 & 17 of Block 10, may be filled and they must remain in a natural condition due to their characterization as Mangrove and Salt MMsh wetlands. Accordingly, these Lots have been rendered unbuildable. Thus, the Applicant has been deprived of all reasonable economic use of all Lots on Block 9 and all Lots on Block 10 except Lots 16 & 17. 10. The Lots in Block 3 are all hardwood hammock and are unbuildable, because they are too small to accept IDRs. 11. Lots 16 & 17 are buildable. 12. There are no variances or other administrative options available to the Applicants for developmem of the Lots. 13, 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 is government purchase of the property for just compensation. 14. The Applicants and the Plaruting Director have agreed that this is the preferred relieffor all of the Lots except Lots 16 & 17 of Block 10. PROPOSED DETERMINATION AND STA TEMENT OF REMEDIAL ACTION In accordance with the provisions of Section 9.5-171 of the Code, my Proposed determination with respect to all of the Lots except Lots 16 & 17 of Block 10, is that the Applicants have been deprived of all reasonable economic use of their propeny 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, to the extent they are above mean high water, in accordance with applicable provisions of the Plan and the Code. With respect Lots 16 & 17, Block 10, my proposed determination is that they are buildable and that the Applicants have not been deprived of all reasonable economic use of the Lots. DONE AND ORDERED this 2nd day of May, 2003.. . 11 II (1 . II fA !. 10hn J. W Special ster