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Item H1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: January 28. 2009 Division: Growth Management Bulk. Item: Yes ~ No Department: Staff Contact PersonIPhone #: Ralph Gowdy Ext. #2502 AGENDA ITEM WORDING: Approval of a resolution confirming the action taken by the BOCC at a public hearing during the meeting of December 17, 2008, awarding Administrative Relief to Judi's House Inc. in the form of a residential market rate ROGO allocation on Parcel 7, White Heron Estates A Condominium, Sugarloaf Key Re# 00172070.000700 with the condition that the owner grant a conservation easement to Monroe County on Parcels 4 & 5, White Heron Estates A Condominium SugarloafKey, RE# 00172070-000400 and 00172070-000500. ITEM BACKGROUND: On December 17, 2008 the BOCC granted a ROGO allocation award to Judi's House Inc. for Parcel No.7 with the stipwation that the owner grant a conservation easement to Monroe County on Parcels 4 & 5. Due to the conditional approval by the Board of this item requiring substantive changes/additions to the language of the resolution; it is being presented to the Board as a bulk. item with changes approved at the December 17th meeting. PREVIOUS RELEVANT BOCC ACTION: December 17,2008 BOCC approved ROGD Allocation Award with conditions. CONTRACVAGREEMffiNTCHANGES:N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: INDIRECT COST: BUDGETED: Yes _No COST TO COUNTY: nJa SOURCE OF FUNDS: REVENUE PRODUCING: Yes No X AMOUNT PER MONTH_ Year APPROVED BY: County Atty ---X- OMB/Purchasing _ Risk Management_ DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 1/09 290 Commissioner Carruthers to hire Dr. Chad E. Brocato Sr., to serve as Monroe County Fire Chief. Roll call vote was taken with the following results: Commissioner Carruthers No Commissioner DiGennaro Yes Commissioner Murphy No Commissioner Wigington No Mayor Neugent No Motion failed. PUBLIC HEARINGS A Public Hearing was held to consider a request for Administrative Relief for Judi's House Inc., on Parcel 7, White Heron Estates A Condominium, SugarloafKey, Real Estate Number 0172070.000700. Suzanne Hutton, County Attorney discussed the matter. The following public speaker addressed the Board: Mike Cunningham, Agent for Judy's House, Inc. Drew Trivette, Growth Management Director; and Mark Rosch, Executive Director of the Monroe County Land Authority discussed the matter. After discussion, motion was made by Commissioner Murphy to grant the allocation with the stipulation that the two (2) other vacant lots in the condominium have conservation easements running in favor of Monroe County. Motion died for lack ofa second. Motion was then made by Commissioner DiGennaro and seconded by Commissioner Carruthers approving an allocation for the lot. Roll call vote was taken with the following results: Commissioner Carruthers Yes Commissioner DiGennaro Yes Commissioner Murphy No Commissioner Wigington No Mayor Neugent No Motion failed. Motion was then made by Commissioner Murphy and seconded by Commissioner Carruthers to grant the allocation with the stipulation that the two (2) other vacant lots in the condominium have conservation easements running in favor of Monroe County. Motion carried unanimously. A Public Hearing was held to consider approval of a Resolution for Unanticipated Funds for a Budget Amendment for the Fiscal Year 2009 Key West International Airport Fund, #404. There was no public input. Motion was made by Commissioner Murphy and seconded by Commissioner DiGennaro to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 514-2008 Said Resolution is incorporated herein by reference. RESOLUTION NO. -2009 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY JUDI'S HOUSE INC. ON PROPERTY DESCRIBED AS PARCEL 7 ~ WHITE HERON ESTATES A CONDOMINIUM SUBDIVISION, SUGARLOAF KEY, RE # 00172070.000700 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION A WARD WITH CONDITIONS. WHEREAS, Judi's House Inc. submitted an application for administrative relief under Sec. 9.5-122.3 of the Monroe County Land Development Regulations; and WHEREAS, the Monroe County Board of County Commissioners makes the following findings of fact and conclusions of law: 1. The application for administrative relief from Judi's House Inc. is for Parcel 7~ White Heron Estates A Condominium Subdivision, Sugarloaf Key in Monroe County, Florida having RE# 0172070.000700. 2. The date of the ROGO application is 6/29/2004. 3. The ROGO allocation application has been in the RooO system for at least four (4) consecutive years and qualifies for administrative relief under Policy 101.6.1 of the Monroe County Year 2010 Comprehensive Plan. 4. Monroe County Code (MCC) Section 9.5-122.3 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. 5. The Board of County Commissioners (BOCC) has the authority to grant administrative relief under Section 9.5-122.3(t) and may grant the applicant a building allocation~ offer to purchase the property at fair market value~ or provide such other relief as may be necessary and appropriate. 6. The applicant applied for administrative relief on 7/16/2008~ under Section 9.5-122.3 of the MCC and Policy 101.6.1 of the 2010 Comprehensive Plan. 7. 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 environmental sensitivity of the vegetative habitat on the lot and the applicable Tier designation. ADMINISTRATIVE RELIEF RESOU TION RE# 01 72/J7\J.OO070(l !l31 ()~265 Page I 0(2 8. The subject property has the land use district designation of Suburban Residential (SR), is located in the White Heron Estates A Condominium Subdivision and is located in a Tier 1 designated area. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to Judi's House Inc., for Parcel 7, White Heron Estates A Condominium Subdivision, Sugarloaf Key in the fonn of one (1) dwelling unit allocation, subject to the following conditions: 1. The timing of the issuance of the permit shall be in accordance with the annual number of residential allocations defined by Policy 101.2.13 of the Monroe County Year 2010 Comprehensive Plan and as required by Section 9.5-122.3 of the Monroe County Code. 2. A conservation easement shall be placed on Parcel 5, White Heron Estates A Condominium, Sugarloaf Key, Real Estate Number 00172070-000500 and Parcel 4, White Heron Estates A Condominium, Sugarloaf Key, Real Estate Number 00172070-000400 in favor of Monroe County. 3. The allocation award shall be taken out of the next quarterly allocation which closes on 1/13/2009 or in the succeeding quarterly allocation period in which administrative relief allocations are available. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 28th day of J anuarv. 2009. Mayor George Neugent Mayor Pro Tem, Sylvia Murphy Commissioner Kim Wigington Commissioner Heather Carruthers Commissioner Mario Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor George Neugent (SEAL) ~ I ~ / " -," /".~ I ~'_ J .. ~ ,":.-~~~. J I~ ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK ADMr"ISTRATIVE RELlEf RESOLliTIO:-.l RE# 0172070.(J007()(J 031 O~2(,5 Page 2 of2