Item T3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 18, 2005
Division:
Growth Management
Bulk Item: Yes
No X
Department: Planning and Env. Resources
Staff Contact Person: Marlene Conaway
AGENDA ITEM WORDING: Public hearing to consider a request for Administrative Relief from
Juan and Carlos Escar for, Lot 7, Block 8, Winston Waterways No.2 Subdivision Key Largo, Real
Estate Number 0054721 1.002500.
ITEM BACKGROUND: A building permit and RaGa allocation were applied for on April 16, 2001,
(Year 9, Quarter 4). The applicant applied for Administrative Relief on January 31,2005 (Year 13,
Quarter 3) and is within the allowable time frame to be eligible for administrative relief under Section
9.5-122.2(t) of the MOlll'oe County Code.
Staff recommends that Administrative Relief be granted in the form of a dwelling unit allocation
award.
PREVIOUS RELEVANT BOCC ACTION: N/ A
CONTRACT/AGREEMENT CHANGES: N/A
ST AFF RECOMMENDATIONS: Approval.
TOTAL COST:
N/A
BUDGETED: Yes N/A No
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
N/A
REVENUE PRODUCING: Yes
DOCUMENT A TION:
Included X
AMOUNTPERMONTH_ Year
i$k Management NI A
j - ----
No
APPROVED BY: County Atty X-
DIVISION DIRECTOR APPROVAL:
DISPOSITION:
AGENDA ITEM #
RESOLUTION NO.
- 2005
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST
FOR ADMINISTRATIVE RELIEF MADE BY JUAN AND
CARLOS ESCAR ON THE LOT DESCRIBED AS LOT 7,
BLOCK 8, WINSTON WATERWAYS NO.2 SUBDIVISION,
KEY LARGO, REAL ESTATE NUMBER 00547211.002500.
THE RECOMMENDED RELIEF IS IN THE FORM OF A
DWELLING UNIT ALLOCATION AWARD.
WHEREAS, Juan and Carlos Escar have submitted an application for a building permit
allocation under the Residential Rate of Growth Ordinance (ROGO) in January of 2001 ; and
WHEREAS, the application has been in the ROGO system for at least four (4)
consecutive years; and
WHEREAS, Juan and Carlos Escar have applied for administrative relief under Monroe
County Code Section 9.5 122.2 (f); and
WHEREAS, the Board of County Commissioners (BOCC) has the authority to grant
administrative relief under Section 9.5 122.2. (f) (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, the lot is not identified as hammock on the 1986 habitat maps and the
applicant received positive one point; and
WHEREAS, Board of County Commissioners Resolution 223-2004 directs staff to
identify small parcels with indigenous hammock and pinelands for recommended purchase; 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
environmental sensitivity of the vegetative habitat on the lot; and
WHEREAS, the subject property, located in Winston Waterways No.2 Subdivision is
not environmentally sensitive;
WHEREAS, the Monroe County Board of County Commissioners makes the following
findings of fact and conclusions oflaw:
1) The Escar property, Lot 7, Block 8, Winston Waterways No.2 Subdivision, ROGO
application received no negative environmental points and one (1) positive environmental
point; and
2) Policy 101.6.1 of the 2010 Comprehensive Plan and Section 9.5-122.2(f) of the Monroe
County Land Development Regulations provides a mechanism whereby an applicant who
Page 1 of2
has not received an allocation award in RaGa may apply to the Board of County
Commissioners for administrative relief.
3) The applicant has been in the ROGO system for three of the last four annual allocation
periods and therefore qualifies for administrative relief; and
4) The property does not qualify under criteria established by Resolution 223-2004 for
purchase by the Monroe County Land Authority of small parcels with indigenous
hammock and pinelands; and
5) The property does not qualify as environmentally sensitive under criteria established by
Policy 101.6.5 and Policy 101.6.6 that directs the County to prioritize acquisition based
on the environmental sensitivity of the land.
NOW THEREFORE, BE IT RESOL VED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Administrative relief is granted to Juan and Carlos Escar for Lot 7, Block 8, Winston Waterways
Subdivision, administrative relief in the form of a dwelling tillit allocation award, 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 and as required by Section 9.5-122.2 (f) of
the Monroe County Code; and
2. The allocation award shall be taken out of the quarterly allocation which closes July 13, 2005
(Quarter 4, Year 13) or such time as a residential allocation becomes available; and
3. The assignment of a nutrient reduction credit shall be required prior to issuance of the permit.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the day of 2005.
Mayor Dixie Spehar
Mayor Pro Tern Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner David Rice
Commissioner Murray Nelson
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Dixie Spehar
(SEAL)
MONRoe COUNTY ATTORNEY
Ap,PRO~~)AS TO FORM
~/~ Lf )!' ~v
. f ~4 ^ f .~
ATTEST: DANNY L. KOLHAGE, CLERK
Date:
DEPUTY CLERK
Page 2 of2
Growth Management Division
2798 Overseas Highway
Suite 400
Marathon, Florida 33050
Voice: (305) 289-2500
FAX; (305) 289-2536
Board of County Commissioners
Mayor Dixie Spehar, Dist. 1
Mayor Pro Tem Charles "Sonny" McCoy, Dist. 3
Comm. George Neugent, Dist. 2
Comm. David P. Rice, Dist. 4
Comm. Murray J. Nelson, Dist. 5
To:
Board of County Commissioners
From:
K. Marlene Conaway, Director
Department of Planning and Environmental Resources
Date:
April 26, 2005
Subject:
Juan and Carlos Escar, Administrative Relief Request
Background on Subject Property:
The subject property is zoned Improved Subdivision (IS) Land Use District and is located in the Winston
Waterway No.2 Subdivision, Lot 7, Block 8, Key Largo, Real Estate Number 00547211.002500. The
applicant purchased the property in December of 1999; the sale price is listed in the assessor's records as
$33,500.00. The current land value is listed in the assessor's records at $46,125.00. The applicant entered
the Residential Rate of Growth Ordinance (ROGO) system on April 16, 2001, (Year 9, Quarter 4). Permit
Number 01-3-975.
Permitting History:
A building permit and ROGO allocation were applied for on April 16, 2001 (Year 9, Quarter 4). The
application scored seventeen (17) points: ten (10) points from planning; six (6) points from building with
seven (7) points for building features and minus one (-1) point for location in an AE -9 flood zone; positive
one (1) point from environmental resources as the subject property was determined to be Habitat Protection
Group 1, disturbed/scarified, by the Upper Keys Biologist.
Currently, with the addition of three perseverance points, the property scores twenty (20) points. At the
end of the fourth quarter, Wednesday, July 13, 2005, the applicant will receive an additional perseveranee
point for a total of twenty-one (21) points.
The lot is in a block of four (4) undeveloped lots running east from Tamarind Rd. with the lot on either
side undeveloped. The remaining lots on the south side of 3 rd Lane are developed. Seven (7) of the ten
(10) lots across 3 rd Lane are developed with residences.
Eighteen (18) previous ROGO allocations have been granted in Winston Waterways No.2 Subdivision
with one (1) awarded in Year 1, four (4) awarded in Year two (2), one (1) awarded in Year 3, two (2) in
Year 5, four (4) awarded in Year 6, one (1) awarded in Year 7, three (3) awarded in Year 8 and two (2)
awarded in Year 11. These include Permit Numbers:
92-3-6962, 92-3-7683, 93-3-10923, 93-3-8904, 92-3-7682, 94-3-1691, 96-3-848, 94-3-2662, 96-3-2092,
95-3-3358,95-3-3357,98-3-868,98-3-3175, 99-3-0967, 97-3-2108, 99-3-1954, 00-3-3114,01-3-2165.
The applicant applied for administrative relief on January 31,2005 (Year 13, Quarter 3) and is within the
allowable time frame to be eligible for administrative relief under Section 9.5-122.2(f) of the Monroe
County Code.
Development Potential:
Zoning - The property is zoned Improved Subdivision (IS) which allows one single-family residential
dwelling and accessory uses. As an Improved Subdivision, it has no TDR value under the current code.
Future Land Use Map (FLUM) ~ The FLUM indicates the property to be Residential Medium (RM) which
is intended for single-family residential use.
Land Type - The property was given a point assignment of one (1) for being in Habitat Group 1 which is
defined in Section 9.5-122.3(7) and includes the following: Disturbed/scarified or disturbed with hammock
or disturbed with exotics. This is the least environmentally sensitive category of the four described in
Section 9.5-122.3(7).
Neighboring Properties - More than one-half of the subdivision has been built out. The lot is in a block of
four (4) undeveloped lots running east from Tamarind Rd. with the lot on either side undeveloped. The
remaining lots on the south side of 3rd Ln. are developed. Seven (7) of the ten (l0) lots across 3rd Lane are
developed with residences.
RaGa - The ROGO point system is designed to direct growth to protect natural resources and to
encourage infill development of improved subdivision lots. In response to Objectives 101.5 of the Monroe
County 2010 Comprehensive Plan, which directs the County to protect natural resources, Land
Development Regulations (LDRs) have been adopted that score minus ROGO points for any lots in
environmentally sensitive lands. The subject lot received no negative points under Section 9.5-122.3 of the
Land Development Regulations.
Smart Growth Initiative - Although Monroe County is in the process of adopting a land use program which
will further define areas for future development and areas in which no development may occur, Goal 105
of the Monroe County Comprehensive Plan defines three 'tiers' that direct where new development may
occur. The tiers are defined in Policy 105.2.1.
The subject property is located in the Winston Waterway No.2 subdivision and meets the criteria for an
Infill Area (Tier III) in Goal 105. New development and redevelopment are to be highly encouraged.
Eligibility for Administrative Relief Options:
Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 of the 2010
Comprehensive Plan 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. The applicant
is eligible for Administrative Relief having complied with all requirements of the dwelling unit allocation
system and having been considered in at least three (3) of the last four consecutive annual allocation
periods and having submitted their application for Administrative Relief no earlier than the third annual
allocation period and no later than ninety (90) days following the close of the fourth annual allocation
period.
Relief Options under Administrative Relief:
The remedies available to an applicant for Administrative relief pursuant to Section 9.5-122.2(f) include
issuance of an allocation award or just compensation by purchase of the property or such other relief as
may be necessary or appropriate.
The subject property does not contain sensItIve environmental features or any significant habitat for
endangered or threatened animal species. It therefore does not meet the criteria established under the
existing Policy 101.6.6 and Policy 102.4.2, or the proposed Policy 101.6.5, of the Year 2010
Comprehensive Plan for the purchase of property under Administrative Relief.
The applicant has requested administrative reHef in the form of a granting of an allocation and has not
expressed a desire to sell the property to the County as provided for under Policy 101.6.1 of the Year 2010
Comprehensive Plan.
Staff Analysis:
The Growth Management Division has reviewed the application and recommends the award of a ROGO
application to the applicant
Findings of Fact:
1) The Escar property, Lot 7, Block 8, Winston Waterways No.2 Subdivision, ROGO application
received no negative environmental points and one (l) positive environmental point; and
2) Policy 101.6.1 of the 2010 Comprehensive Plan and Section 9.5-122.2(f) of the Monroe County
Land Development Regulations 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.
3) The applicant has been in the ROGO system for three of the last four annual allocation periods and
therefore qualifies for administrative relief; and
4) The property does not qualify under criteria established by Resolution 223-2004 for purchase by
the Monroe County Land Authority of small parcels with indigenous hammock and pinelands; and
5) The property does not qualify as environmentally sensitive under criteria established by Policy
101.6.5 and Policy 101.6.6 that directs the County to prioritize acquisition based on the
environmental sensitivity of the land.
Recommendation:
It is recommended that the Board of County Commissioners find that the applicant has met the criteria and
qualifies for Administrative Relief. It is further recommended that an order be prepared that establishes
this relief as an award of a ROGO allocation in the quarterly ROGO allocation period which closes July 13,
2005, or at such time as a ROGO allocation is available.
Cc: Timothy J. McGarry, AICP, Director of Growth Management
Mark Rosch, Monroe County Land Authority
rage L OI L.
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