Resolution 095-2002
RESOLUTION 095 -2002
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AUTHORIZING THE GROWTH
MANAGEMENT DIVISION STAFF TO PREPARE A SINGLE,
COMPREHENSIVE REQUEST FOR BENEFICIAL USE
DETERMINATION ON BEHALF OF THE OWNERS OF 21
BUILDING PERMIT APPLICATIONS AWARDED ROGO
ALLOCATIONS ON BIG PINE KEY WHICH HAVE NOT BEEN
ISSUED PERMITS DUE TO INADEQUATE LEVEL OF SERVICE
ON U.S. HIGHWAY 1
WHEREAS, the Big Pine Key segment of US, Highway 1 has been operating at
an inadequate level of service for almost eight years; and,
WHEREAS, this inadequate level of service has required that no building permits
for new residential buildings be issued on Big Pine Key; and,
WHEREAS, permits for 21 approved building permit applications awarded
ROGO allocations have been waiting nearly five years or more to be issued; and,
WHEREAS, the Growth Management Division staff believes that it will be at
least six months to a year before any likely relief is provided from the traffic concurrency
constraints on permitting;
WHEREAS, the results of the impact modeling for the proposed Habitat
Conservation Plan indicate that Big Pine Keys can accommodate an additional 200 new
dwelling units at 10 units per year, including the 21 to be built with the subject building
permits awaiting issuance; and,
WHEREAS, Policy 101.18.5, Monroe County Year 2010 Comprehensive Plan
and Chapter 9.5, Article VI, Division 2, Monroe County Code, provide an administrative
process, called "beneficial use," to grant relief to property owners that may have been
denied reasonable economic use of their property; and,
WHEREAS, the Growth Management Division staff is of the opinion that costs
and hardship to these applicants from the more than a five-year delay provides probable
grounds for favorable consideration under the beneficial use provisions of the County's
regulations; and,
WHEREAS, beneficial use determination will allow the 21 permits to be issued
despite the traffic concurrency prob]em on Big Pine Key; now therefore
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BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA THAT:
1. The Growth Management Division staff is hereby authorized to prepare a
single staff-sponsored request for beneficial use determination for the 21 building permit
applications with ROGO allocation awards on Big Pine Key, which are to be processed in
accordance with the criteria and procedures in Sections 9.5-171 through 9.5-174, Monroe
County Code.
2. The Growth Management Division staff is also directed to incorporate in its
beneficial use report to the Hearing Officer specific recommendations that ensure
consistency with the proposed Habitat Conservation Plan, Florida Building Code, and
Land Development Regulations, and coordination with the U.S. Fish and Wildlife Service
in the release of any permits.
PASSED AND ADOPTED by the Board of County Commissioners, Monroe
County, Florida at a regular meeting of said Board held on the March 20, 2002,
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Dixie Spehar
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner Nora Williams
yes
yes
yes
yes
yes
Y L. Kolhage, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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