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Resolution 172-2006 RESOLUTION NO.IiftZ!-2006 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DENYING THE REQUEST FOR ADMINISTRATNE RELIEF MADE BY JAMES HUPP ON THE LOT DESCRIBED AS LOT 32, DOCTOR'S ARM SUBDNISION 3RD ADDITION, SECTION B, BIG PINE KEY RE#00312572.003300 IN THE FORM OF A DWELLING UNIT ALLOCATION. THE RECOMMENDED RELIEF IS IN THE FORM OF PURCHASE OF THE PROPERTY. WHEREAS, James Hupp submitted an application for a building permit allocation under the Residential Rate of Growth Ordinance (ROGO) in February 2002; and WHEREAS, the application has been in the ROGO system for at least four (4) consecutive years; and WHEREAS, the Board of County Commissions (BOCe) has the authority to grant administrative relief under Section 9.5-122.2(t)(6) and may grant the applicant a building allocation, offer to buy the property at fair market value, or provide such other relief as may be necessary and appropriate: and WHEREAS, On March 15, 2006, the Board of County Commissioners passed an Ordinance adopting the amendment to the Monroe County Land Development Regulations to revise Rate of Growth Ordinance (ROGO). The Monroe County Code Section for Administrative Relief was amended to include Section 9.5-122.3(t)(1)b: offer to purchase the property at its fair market value as its preferred action if the property is located within a Tier II on Big Pine Key and WHEREAS, the subject property is in the National Wildlife Refuge and the Great White Heron Refuge boundaries; and WHEREAS, Policy 101.6.5 of the 2010 Comprehensive Plan provides criteria to be used for determining lands that are appropriate for acquisition and the criteria includes the protection and recovery of threatened or endangered species, such as development on Big Pine Key; and WHEREAS, the subject canal front property, located in the Doctor's Arm Subdivision 3rd Addition Section B, Big Pine Key is located in a Tier II; and WHEREAS, the Monroe County Board of County Commissioners makes the following findings of fact and conclusions oflaw: 1. The James Hupp ROGO application for Doctor's Arm Subdivision 3rd Addition Section B, Lot 32, Big Pine Key received negative ten (-10) points for critical habitat since the property is located on Big Pine Key, which is an area that has been determined to have secondary impacts on the Key Deer due to the distance from US # 1 and the potential for a 'take' of the species; and 2. Policy 101.6.1 of the 2010 Comprehensive Plan and Section 9.5- 122.2(t) of the Monroe County Land Development Regulations Page 10f3 provides a mechanism whereby an applicant who has not received an allocation award in ROGO may apply to the Board of County Commissioners for Administrative Relief; and 3. Strategy 9.3, Action Item 9.3.1 of the Big Pine Master Plan: states "Amend the administrative relief and beneficial use provisions of the Comprehensive Plan and land development regulations to require purchase of land for Tier I applicants and to allow purchase or issuance of permits for Tier II and Tier III applicants, as appropriate"; and 4. Goal 3 of the Big Pine and No Name Master Plan envisions issuance of 200 residential dwelling units over a twenty-year period and encourages development to occur in infill areas, Tier III. Approximately sixty 60 of the dwelling units have been allocated and 892 vacant parcels remain to be developed in Tier III; and 5. On March 15, 2006, the Board of County Commissioners passed an Ordinance adopting the amendment to the Monroe County Land Development Regulations to revise Sections 9.5-120 through 9.5-123 and Sections 9.5-125 through 9.5-140 (Rate of Growth Ordinance {ROGO}). Pursuant to Section 9.5-122.3(f)(I)b. The board may offer to purchase the property at its fair market value as its preferred action if the property is located within a Tier II on Big Pine Key; and 6. The applicant has been in the ROGO system for four of the last four annual allocations periods and therefore qualifies for Administrative Relief; and NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Administrative relief is granted to James Hupp on Lot 32, Doctor's Arm Subdivision 3rd Addition Section B, Big Pine Key in the form of an offer to purchase the subject property subject to the following conditions: 1. The applicant may elect to sell the property to Monroe County for conservation purposes, or to remain in the ROGO allocation system until such time as the application receives an allocation. 2. The Executive Director of the Monroe County Land Authority is hereby authorized and directed to negotiate for the purchase of the above described property subject to the approval of the Board of County Commissioners. (REMAINDER OF P AGE INTENTIONALLY LEFT BLANK) Page 2 of3 3. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 19thdayof April, 2006. Mayor Charles "Sonny" Mccoy Mayor Pro TemMurray Nelson Commissioner George Neugent Commissioner David Rice Commissioner Dixie Spehar Yes Vacant Yes Yes Yes BOARD OF COUNTY COMMISSIONERS OF MONROE CO TY, FLORIDA BY 0 (!II') <t N w a::: - ~ -l 0 _:( IJ..... t...."\ ~. r--= - w x: ::::wr 0::: Q.. .1 l- SO::: :;~ a::: --~ 0 c .(,,)0 Ll.... -l .U 0 >- >-~w cr:: z-lo lJJ z: z<->o::: -J - oil! :z: - 0 La.. c:::>> c c:::>> :.2: e-.I Page 3 of3