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