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Item Q5-Q8BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date:_ August 15, 2007 Division: Growth Management Bulk Item: Yes No X Department: Planning and Env. Resources Staff Contact Person:Tiffany StankiewiczlRalph Goulds AGENDA ITEM WORDING: A public hearing to reconsider a request for Administrative Relief for Robert Holeman on Lot 1, Block 18, Largo Sound Park, Key Largo RE# 00469830.000000, ITEM BACKGROUND: A building permit was applied for on January 30, 2003 and a ROGO application was applied for on April 10, 2003. The applicant applied for administrative relief on May 5, 2006 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. Staff recommends that administrative relief be approved in the form of purchase by the Land Authority. Please note that the applicant does not have to accept this relief and may stay in the ROGO system to receive an allocation. If the BOCC should determine that administrative relief should be granted in the form on an allocation, a resolution has been provided which provides an allocation and requires a Habitat Evaluation Index along with a Grant of Conservation Easement for a portion of the Lot. PREVIOUS RELEVANT BOCC ACTION: The Board of County Commissioners considered the Administrative Relief request May 21, 2007. The Board adopted Resolution 202-2007 approving the Administrative Relief request in the form of purchase of the property by the Monroe County Land Authority. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Re -affirm approval in the form of purchase by the Land Authority. TOTAL COST: N/A COST TO COUNTY: N/A REVENUE PRODUCING: Yes No BUDGETED: Yes N/A No SOURCE OF FUNDS: N/A AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management _N/A DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # RESOLUTION NO. —2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY ROBERT HOLEMAN ON PROPERTY DESCRIBED AS LOT 1, BLOCK 18, LARGO SOUND PARK, KEY LARGO RE# 00469830.000000 IN THE FORM OF PURCHASE OF THE PROPERTY BY THE MONROE COUNTY LAND AUTHORITY. WHEREAS, Robert Holeman submitted an application for administrative relief under Sec. 9.5-122(f) of the Monroe County Land Development Regulations; and WHEREAS, this matter was heard at the May 21, 2007 Special meeting of the Board of County Commissioners at which meeting the board adopted Resolution 202-2007 recommending purchase of the property as administrative relief, and WHEREAS, the applicant has requested a rehearing of the application; and WHEREAS, the applicant was given an opportunity to be heard; and WHEREAS, the Monroe County Board of County Commissioners makes the following findings of fact and conclusions of law: 1. Robert Holeman's application for administrative relief is for Lot 1, Block 18, Largo Sound Park in Monroe County, Florida having RE# 00469830.000000. 2. The date of the ROGO application is 4/10/2003. 3. The ROGO allocation application has been in the ROGO 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. MCC Sec. 9.5-122.2(f) 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 Board of County Commissioners (BOCC) has the authority to grant administrative relief under Sec. 9.5-122.2(f)(6) 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. The applicant applied for administrative relief on 5/5/2006, under Sec. 9.5-122.2(f) of the Monroe County Code (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. 8. The subject property has the land use district designation of Improved Subdivision (IS-M), is located in the Largo Sound Park Subdivision and is environmentally sensitive. 9. Board of County Commissioners Resolution #223-2004 directs staff to identify small parcels with indigenous hammock or pine stands and limit the issuance of ADMINISTRATIVE RELIEF RESOLUTION Page I Of 2 HOLEMAN, LOT 1, BLOCK 18, RE# 004698X000000 permits for clearing on said parcels. This parcel is within the Florida Forever boundaries and is deemed appropriate for acquisition. 10. The subject property consists of solid canopy of native hardwood hammock trees and is designated as Tier 3-A (Special Protection Area) in the proposed Tier system. 11. The property qualifies under criteria established by Resolution #223-2004 for purchase by the Monroe County Land Authority on behalf of Monroe County when granting administrative relief. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Robert Holeman has met the requirements to receive administrative relief for Lot 1, Block 18, Largo Sound Park, Key Largo RE# 00469830.000000. 2. In accordance with Policy 101.6.5, 101.6.6 and BOCC Resolution 223-2004, the appropriate form of administrative relief for this application is an offer to purchase. The issuance of a ROGO allocation would be inconsistent with the Monroe county year 2010 Comprehensive Plan and BOCC Resolution 223-2004. 3. The Monroe County Land Authority is requested to have the subject property appraised and subsequently make an offer to purchase. 4. In the event Applicant declines the above referenced offer, Applicant will retain the right to remain in the ROGO system and continue competing for an allocation. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of , 2007. Mayor Mario Di Gennaro Mayor Pro Tem, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA C1- (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK ADMINISTRATIVE RELIEF RESOLUTION HOLEMAN, LOT 1, BLOCK 18, RE# 00469830.000000 Mayor Mario Di Gennaro AIONfi E COUNTY 04jF AP OVEO AS TO FORM 0! Page 2 of 2 MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: Through From: Date: RE: Board of County Commissioners Aref Joulani Senior Director of Planning & Environmental Resources Tiffany Stankiewicz, Sr. Planning Tech. Ralph Gouldy, Sr. Administrator Environmental Resources July 27, 2007 Reconsideration of Administrative Relief for Robert Holeman, RE# 00469830.000000 1 2 1. BACKGROUND 3 4 This hearing is being held upon the advice of the County Attorney to provide all due process to the 5 applicant. The Board of County Commissioners (BOCC) considered Mr. Holeman's application for 6 Administrative Relief on May 21, 2007. The BOCC adopted Resolution 202-2007 approving the 7 Administrative Relief Request in the form of purchase of the property by the Monroe County Land 8 Authority. The application is being brought forward for reconsideration based on a letter dated June 4, 9 2007 from James S. Lupino, Esquire indicating applicant had received a draft report recommending a 10 ROGO allocation award and that the applicant was not provided proper notice. The notice of the change 11 of meeting date from May 17, 2007 to May 21, 2007 was mailed on May 14, 2007 to Mr. Holeman's 12 agent. 13 14 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 15 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 16 annual allocation periods and having submitted the application for Administrative Relief no earlier than 17 the third annual allocation period and no later than ninety (90) days following the close of the fourth 18 allocation period. 19 20 Date Entered ROGO: April 10, 2003 21 22 Date Entered Administrative Relief: May 5, 2006 23 24 ROGO Score: 22 25 Planning: 14 26 (+10) infill 27 • (T) Lot Aggregation Pagel of 3 Reviewed by W:vGROWTH MANAGEMENT'Non Geographic Projects'ROGO',Adm Relief,2007 Aug BOCC`.Tech and Bic, Complete ready for final review` Holeman reheard from May 2007 BOCC`Holeman 033003901Holeman830 Staff Report.doc 1 • (+4) perseverance 2 3 4 Building: 7 5 • (+1) Flood Zone X 6 • (+4) Water/Energy Conservation, 7 • (+2) Structural Integrity 8 Environmental: 1 9 • (+1) Group i 10 1 1 IL CURRENT CONDITIONS 12 13 Location: Lot 1, Block 18, Largo Sound Park, Key Largo RE# 00469830.000000 14 15 Owner: Robert Holeman 16 17 Applicant/Agent: Paul Turick 18 19 Land Use District: Improved Subdivision - Masonry (IS-M) FLUM: Residential Medium (RM) 20 21 Proposed Tier: III A — Special Protection Area (incorrectly reported as Tier III on previous report) 22 23 24 2006 Taxable Value: $12,525.00 Purchase Price in 2002: $1.00 25 26 III. LEGAL ELIGIBILITY AND OPTIONS 27 28 Eligibility for Administrative Relief Options: 29 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 30 2010 Comprehensive Plan provides a mechanism whereby an applicant who has not received an 31 allocation award in ROGO may apply to the Board of County Commissioners for Administrative Relief. 32 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 33 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 34 annual allocation periods and having submitted the application for Administrative Relief no earlier than 35 the third annual allocation period and no later than ninety (90) days following the close of the fourth 36 allocation period. The applicant has requested administrative relief in the form of a granting of one (1) 37 ROGO allocation and has not expressed a desire to sell the property to the County. 38 39 Relief Options under Administrative Relief: 40 The remedies available for an application for Administrative Relief pursuant to Section 9.5-122.2(i)(6) 41 include issuance of one (1) ROGO allocation award, just compensation by purchase of the property, or 42 such other relief as may be necessary or appropriate. In the event purchase is recommended and the 43 owner refuses the purchase offer the applicant may remain in the ROGO System. 44 45 Evaluation: 46 Currently the subject property contains sensitive environmental features or significant habitat for 47 endangered or threatened species. The property consists of solid canopy of native hardwood hammock Page 2 of 3 Reviewed by� W:AGROWTH MANAGEMENT�Non Geographic Projects'ROG01Adm Reliefo2007 Aug BOCC,Tech and Bio Complete ready for final review\Holeman reheard from May 2007 BOCCHoleman 03300390�Holeman830 Staff Report.doc I trees. Therefore it meets the criteria established under the existing Policy 101.6.6 and Policy 102.4.2, or 2 the proposed Policy 101.6.5 of the Year 2010 Comprehensive Plan for the purchase of property under 3 Administrative Relief. This parcel is separated from high quality hammock by a paved road. 4 AdditionalIy, the subject property has been verified as being in a proposed Tier III A — Special Protection 5 Area. This parcel is one of four contiguous parcels for which administrative relief is being requested. 6 The property has been identified as having indigenous hammock. It is on the list of properties within the boundary of Florida Forever acquisitions, indicating that the State of Florida deems the property to have 8 habitat worth saving by purchase. 9 10 IV. RECOMMENDATIONS 11 12 It is recommended that the Board of County Commissioners approve the request for Administrative 13 Relief in the form of a purchase offer by the Monroe County Land Authority. 14 15 Page 3 of 3 Reviewed by -6 W:IGROWTH MANAGEMENTNon Geographic Projects\ROGO',Adm Relief2007 Aug BOCCATech and Bio Complete ready for Cmal review,Holeman reheard from May 2007 BOCCAoleman 03300390\Holeman830 Staff Report.doc 4:1 ANEW �At 4 I I I -- — -- - —"Owm!mm xx IffmNIN IN Ell Ea uc I 14 County of Monroe Growth Management Division Planning & Environmental Resources Department 2798 Overseas Highway, Suite 410 Marathon, FL 33050 Voice: (305) 289-2500 FAX: (305) 289-2536 We strive to be caring, professional and fair August 1, 2007 Bob Holeman 33 3rd Rd. Key Largo, FL 33037 Board of County Commissioners Mayor Mario Di Gennaro, Dist. 4 Mayor Pro Tern Dixie Spehar, Dist. 1 George Neugent, Dist. 2 Charles "Sonny" McCoy, Dist. 3 Sylvia J. Murphy, Dist. 5 Subject: The Administrative Relief Hearing — August 15, 2007 3:00 PM BOCC Public Hearing for RE # 00469830.000000 Dear Mr. Holeman: Please be advised that your application for a determination of Administrative Relief will be heard by the Monroe County Board of County Commissioners on August 15, 2007. The hearing will be held at the Key Largo Library, Tradewinds Shopping Center, 101485 Overseas Highway, Key Largo. The hearing will begin at 3:00 PM but please be aware that we cannot give time certain for a specific applicant. You will be able to view the Staff Reports for your request on our website a few days before the meeting; www.monroecounty-fl Izov, you can find the reports under "Links for Residents" - 'BOCC Agendas" then click on the meeting date. Should you have any questions regarding this hearing please contact me at (305) 289-2522. Sincerely, Nicole Petrick Planning Commission Coordinator CC: Paul Turick & Joyce Knaepen, Agents, 212 Jasmine St. Tavernier, FL 33070 James S. Lupino, Esquire, 90130 Old Highway, Tavernier, FL 33070 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 21, 2007 Division: Growth Management Bulk Item: Yes — No X Department:__ Planning and Env. Resources Staff Contact Person: Julianne Thomas AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for Robert Holeman on Lot 1, Block 18, Largo Sound Park RE# 00469830.000000. II EM HAUKGROUND: A building permit was applied for on January 30, 2003 and a ROGO application was applied for on April 10, 2003. The applicant applied for administrative relief on May 5, 2006 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. Staff recommends that administrative relief be approved in the form of purchase by the Land Authority. Please note that the applicant does not have to accept this relief and may stay in the ROGO system to receive an allocation. If the BOCC should determine that administrative relief should be granted in the form on an allocation, a resolution has been provided which provides an allocation and requires a Habitat Evaluation Index along with a Grant of Conservation Easement for a portion of the Lot. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval in the form of purchase by the Land Authority. TOTAL COST: N/A BUDGETED: Yes N/A No COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes — No _ AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management _N/A_ DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to be caring, professional and fair To: Board of County Commissioners Through: Aref Joulani Senior Director of Planning & Envirorunental Resources qi From: Julianne Thomas, Planner David DaSilva, Biologist's Date: May 4, 2007 RE: Administrative Relief forRobert Holentan RE# 00469830.000000 1 2 I. BACKGROUND 3 4 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 5 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 6 annual allocation periods and having submitted their application for Administrative Relief no earlier than 7 the third annual allocation period and no later than ninety (90) days following the close of the fourth 8 allocation period. 9 10 Date Entered ROGO: April 10, 2003 11 12 Date Entered Administrative Relief: May 5, 2006 13 14 ROGO Score: 22 15 Planning: 14 16 • (+10) infill 17 • (+) Lot Aggregation 18 • (+4) perseverance 19 Building: 7 20 (+1) Flood Zone X 1 • (+4) Water/Energy Conservation, 22 • (+2) Structural Integrity 23 Environmental: 1 24 • (+1) Group 1 25 26 II. CURRENT CONDITIONS 27 28 Location: Lot 1, Block 18, Largo Sound Park RE# 00469830.000000 29 30 Owner: Robert Holeman Page 1 of 2 Reviewed by coE,�? WAGROWTH MANAGEMEN11Non Geographic ProjectstROGO\Adm Relieft2007 May BOCOSpecial Apps\.Holeman 03300390\14oleman830 Staff Report.doc 1 2 Applicant/Agent: Paul Turick 3 4 Land Use District: Improved Subdivision -Masonry (IS-M) FLUM: Residential Medium (RM) 5 Proposed Tier: III 6 7 2006 Taxable Value: $12,525.00 Purchase Price in 2002: $1.00 8 9 III. LEGAL ELIGIBILITY AND OPTIONS 10 11 Eligibility for Administrative Relief Options: 12 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 13 2010 Comprehensive Plan provides a mechanism whereby an application which has not received an 14 allocation award in ROGO may apply to the Board of County Commissioners for Administrative Relief. 15 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 16 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 17 annual allocation periods and having submitted their application for Administrative Relief no earlier than 18 the third annual allocation period and no later than ninety (90) days following the close of the fourth 19 allocation period. 20 21 Relief Options under Administrative Relief: 22 The remedies available to an application for Administrative Relief pursuant to Section 9.5-122.2(f)(6) 23 include issuance of one (1) ROGO allocation awarded, just compensation by purchase of the property, or 24 such other relief as may be necessary or appropriate. 25 26 The subject property does contain sensitive environmental features or significant habitat for endangered 27 or threatened species. It therefore does meet the criteria established under the existing Policy 101.6.6 28 and Policy 102.4.2, or the proposed Policy 101.6.5 of the Year 2010 Comprehensive Plan for the 29 purchase of property under Administrative Relief. This parcel is separated from high quality hammock 30 by a paved road, and has moderate quality hammock. If an allocation is approved, this parcel will 31 require a Habitat Evaluation Index prior to construction, and a Grant of Conservation Easement covering 32 40% of the parcel shall be recorded prior to the issuance of a building permit. 33 34 The applicant has requested administrative relief in the form of a granting of one (1) ROGO allocation 35 and has not expressed a desire to sell the property to the County as provided for under Policy 101.6.1 of 36 the Year 2010 Comprehensive Plan. 37 38 IV. RECOMMENDATIONS 39 40 It is recommended that the Board of County Commissioners find that the applicant has met the criteria 41 and qualifies for Administrative Relief and a Resolution be prepared for purchase of the subject property 42 by Monroe County Land Authority. 43 Page 2 of 2 Reviewed by �+Pc® W:AGROWTH MANAGENfENrNon Geographic Projects`ROGOvAdm Relief2007 May BOCOSpecial Apps\Holeman 0330039O\Holeman830 Staff Report.doe Habitat Evaluation: Hk 18, Lot 1, Largo Sound Park, Key Largo Owner: R. Holeman, RE #00469830.000000 jP + "Al .rge or -r, ..y .�'�a a ' ►�a' of [:?'•.�.��+ ..yk. �� ,,,i�p�}� _ :A� _ 'i ''r'� �. 1' .1"" .•� , .-t l•• �4 • ..��y[,_• .� T T�, a-; -- ' •>;''`'� �Y ..A -� _ � a t,.. +'E+• •� �'c�""�Y7`- tjr:1 r+i.b�y�..� '� ''�+h� � .-1�. 7+� �:_�� . 44 y -P. Honda Forever Brnmdazy ' Habnar Layer 1 � <<�- � r,..e.. C-� . r� • o. �i. cam;..._ ti, l C YNTY o MONROE _ 1 This map is for use by the Monroe County Growth Management Division only.The data contained herein is not a legal repesentation of boundaries, parcels, roads right of ways or other geographical data. PreparYad bf' la --. Thomas ADMINISTRATIVE RELIEF IN THE FORM OF PURCHASE OF THE PROPERTY BY THE MONROE COUNTY LAND AUTHORITY RESOLUTION NO. —2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY ROBERT HOLEMAN ON PROPERTY DESCRIBED AS LOT 1, BLOCK 18, LARGO SOUND PARK RE# 00469830,000000 IN THE FORM OF PURCHASE OF THE PROPERTY BY THE MONROE COUNTY LAND AUTHORITY. WHEREAS, Robert Holeman submitted an application for administrative relief under § 9.5- 122(f) 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. Robert Holeman's application for administrative relief is for Lot 1, Block 18, Largo Sound Park in Monroe County, Florida having RE# 00469830.000000. 2. The date of the ROGO application is 4/10/2003. 3. The ROGO allocation application has been in the ROGO 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. MCC § 9.5-122.2(f) 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 § 9.5-122.2(f)(6) and may grant the applicant a building allocation, offer to purchase the property at fair market value, or provide such other relief as may he necessary and appropriate. 6. The applicant applied for administrative relief on 5/5/2006, under § 9.5-122.2(f) of the Monroe County Code (MCC) and Policy 101.6.1 of the 2010 Comprehensive Plan. 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. The subject property has the land use district designation of Improved Subdivision (IS), is located in the Largo Sound Park Subdivision and is environmentally sensitive. 9. Board of County Commissioners Resolution #223-2004 directs staff to identify small parcels with indigenous hammock or pinelands that are ineligible for purchase by the State with Florida Forever funds, limit the issuance of permits for clearing on said parcels, and recommends said parcel for purchase by the Monroe County Land Authority. 10. The subject property is in an area of indigenous moderate quality hammock and is designated as Tier 3 in the proposed Tier system. 11. The property does qualify under criteria established by Resolution #223-2004 for purchase by the Monroe County Land Authority of small parcels with indigenous hammock and pinelands. ADMMSTRATWE RELIEF RESOLUTION Pggt ! of 2 HoLFMAN, far 1, Ht OCK 18, RE# 00469830.0(X7000 12. The Applicant has been in the ROGO system for three of the last four annual allocation periods and therefore qualifies for administrative relief. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: 1. Robert Holeman has met the requirements to receive administrative relief for Lot 1, Block 18, Largo Sound Park RE# 00469830.000000, 2. In accordance with Policy 101.6.5, 101.6.6 and BOCC Resolution 223-2004, the appropriate form of administrative relief for this application is an offer to purchase. The issuance of a ROGO allocation would be inconsistent with the Monroe county year 2010 Comprehensive Plan and BOCC Resolution 223-2004. 3. The Monroe County Land Authority is requested to have the subject property appraised and subsequently make an offer to purchase. 4. In the event Applicant declines the above referenced offer, Applicant will retain the right to remain in the ROGO system and continue competing for an allocation. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of 2007. Mayor Mario Di Gennaro Mayor Pro Tem, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA m (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK Mayor Mario Di Gennaro MUNR,A C.:Aff ATTORNEX APPRQJED A:�Q FORM X A 4 %i^ f i� Z ADNILNISTRATIVE REt.LFF RESoI IMON Page 2 of 2 1101 H fAN, LOT 1, BLOCK 18, REIN 0040930 fk) M0 ADMINISTRATIVE RELIEF IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD RESOLUTION NO. —2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY ROBERT HOLEMAN ON PROPERTY DESCRIBED AS LOT 1, BLOCK 18, LARGO SOUND PARK RE# 00469830.000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Robert Holeman submitted an application for administrative relief under Sec. 9.5-122(f) 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. Robert Holeman's application for administrative relief is for Lot 1, Block 18, Largo Sound Park in Monroe County, Florida having RE# 00469830.000000. 2. The date of the ROGO application is April 10,2003. 3. The ROGO allocation application has been in the ROGO 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. MCC Section 9.5-122.2(f) 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 9.5-122.2(f)(6) 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 May 5, 2006, under Section 9.5-122.2(f) of the Monroe County Code (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. 8. The subject property has the land use district designation of Improved Subdivision - Masonry (IS-M), is located in the Lot 1, Block 18, Largo Sound Park and is not environmentally sensitive. 9. Board of County Commissioners Resolution #223-2004 directs staff to identify small parcels with indigenous hammock or pinelands. 10. The subject property is in an area of indigenous moderate quality hammock. 11. The property does qualify under criteria established by Resolution #223-2004 for purchase by the Monroe County Land Authority of small parcels with indigenous hammock and pinelands. ADMINISTRAMF RELIEF RESOLUTION HOLEMAN, LOT t, BLOCK 18, LARGO SOUND P.vtK RE# 00469830.000000 Page t of 2 12. This parcel is separated from high quality hammock by a paved road, and has moderate quality hammock. This parcel will require a Habitat Evaluation Index prior to construction, and a Grant of Conservation Easement covering 40% of the parcel shall be recorded prior to the issuance of a building permit. 13. The Applicant has been in the ROGO system for three of the last four annual allocation periods and therefore qualifies for administrative relief. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to Robert Holeman, for Lot 1, Block 18, Largo Sound Park in the form of a dwelling unit 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 of the Monroe County Year 2010 Comprehensive Plan and as required by Section 9.5-122.2(f) of the Monroe County Code. 2. This parcel will require a Habitat Evaluation Index prior to construction, and a Grant of Conservation Easement covering 40% of the parcel shall be recorded prior to the issuance of a building permit. 1. The allocation award shall be taken out of the next quarterly allocation which occurs on July 13, 2007 or next available allocation period. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 21 st day of May, 2007. Mayor Mario Di Gennaro Mayor Pro Tem, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCov Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA M (SEAL) Mayor Mario Di Gennaro ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY MONROE OUNTY ATTORNEY APPR D 0 FORA CLERK ADN11NIMATIV"E RELIEF RESOLUTION Pogt 2 of 2 Iiol.Lm uN, LOT 1, BLOCK 18, LARGO SOUND Pntu REM O(W9830,000000 t»� OFIA}T�IG f C�LY l cr�daa.awerr�.a APPLICATION FOR ADMINN RATINE RELIEF epp!Kvu ra ' (Jveer �An[hcdLtai Repaeseauuv< Eppttcaris v,,,,r___-±-"AyL Ti.�tc{.� �- �Sorcc tK�-)_6c! ' -- npplicnsis muhn�>.i2Ks[ 21Z Sr. TIIJefzh1tE2 EL32' 070 (Nrsa't va>r Gf applia� is m owvai' [ ,ZCR-r RoL- C M A Aj ._ �.addrtiaa .330 3�i 7 _1�4.Yt.f1R6Qroa,e �Fsi-S'z8'YFat_ ., view acwh a —b-iting mprelrnutrrn of ttas appitcarim hr kxn w- J.he than yoasetf The faL=A'- �k.W read 'L 13o'DG'R Damel sorhon= 1Tth ridWl y am aodxriv r, to mpreswt you) to npttioeu owf prapaq for this rppliatiaa for Admiaisftn a Rshet` -- Ltai descnp�nn tacar.h c¢tcs and bond+tksa7ptnb J axesraryl'L I ( g' Jrtt rr ROGO appii z[kM Wlw kind of ad-nmmrarr a mbef STATE OF FU*MA capQfiarx'>t WUYTY OF_-r- _ _ The [rregoing t.�oaP�re wu ¢kyowkaS{�d irf.xt .m :his _..,-_.fay-. r - M ,`�-- ho rI pauwalt kyto DIE or psodoced,- eJ IdeWr]CaL On :ice. .._-. - F •_ t -- 5lgtuttftt of San y Pfl6lic, Sure of Ffonda ,_ %W .. �Ir PFCEIFT # E5Ss_ kErEIPT DA-E Csj :;g:�•, r, �, MS'ltC6 G6NTY t••C::E••• MISCEL LANEvIIS RECEIPT RECE:BED 6Y - bo:zb REC`D. 2£OH ?::PERT HDLEMJ j tDF _36. UDF -75 t NOTES FEE 'D METHOD OF PAYMENT ----------------- CHECK �.TAL RcCEIPT PRINT DATE : 0;/05/2CC6 PR2N-r TIME ^PERA?'CR r�:lxb =OPY 0 I -ASH n.-'lAiER: 3 AMO�WT THIS PCPT 8A1ANCP -- -- ------ 31)40.s0 3)40.CC C.0c 7407, a��s 3040.CC :50 FIRST STATE BANK 40 0fl Gf.IRMIF camwmxAQM AcmFL Lom TAA S�JQ 11�p01��p/-t�t.Yrt Domo e QYWIp0, it Mw 4 Dom" M azr �:067ORQ43B�. Bwaui34450 o550 MONROE COUNTY AFFIDAVIT FOR ROGO AGENCY 1 hereb} authorize - Paul Turick & .loree Koaeoen be listed as (Name of Agent(s)) Authorised agents for Robert Holemon for the Name of (h4.ner) purpose of,rpptsingjud Signing far the R(XK) tdm in istrav,%e relief aMlicetton for m} rwor")'. This authorizatiiHl homes effective on the date this affidavit is notarized and >hall remain in effect antil terminated by the undersigned. This authorization ;wts as a durahle powcr of attorney only fbr the purposes stated - The undersigned understands the liabilities involved in the granting of this agent' and accepts full responsibility (thus holdinlZ lion nx County har:rilesi) for any and all of the actions of the agent(s) named, related to the acquisition of permits Ow the aforementioned property owner. Authorized Sienature Nf3f.ARY ST.A I OP I rnf.Kekomg intrumenl � s srknuw ledga Mcf xc me thy. t'� „C.d L �i`- _ _ _ de} �/ L1' L. Vamc .if P"r ,-n i Lc.li Yr ILrteof Authnmed SiymaNrel f�nmtynti Nan)c) MN aHmniNSn;,n rcp�rcs —.� tiigrwiurt-nt Notary Puhlic - ----- --'-' -- P�rs.xulty rune of 1&n1,ficaen P—+ Lu f - Pr, , - , -r, f 11 b 'r11 .11 1, 1- i 71 4 ONLINE DATA (-FN'fFR -1 -Prr-perts Iltuas 41-scit- Rt. Ikb Nil— Al Ill, '1101 -A ) I ' Im" Dar" wrt ff� 41 Estbrgft Texas Nkip S.1': "'one small I NhAl'lln 4 T_d L"t, kilt, 1,'fp NtA Mpall <Irg JataC -"-) 1 4 -ill,-, 1'r,,;cm ['11-:.an oil tl.r t�, -It Iid Htu ru.l v t- . (ll1i1111 4k IN &fl (H4, i.\\U 71 �1 i.\I NrINI\�,vll (�?Nl)\/Mf 1l♦ IM { t Ill ♦,. ll \f,1R\( (�\lif i .IWS _I it - \.Lii-1114 MI�.�It IY. lNl IIYLL �l(f toll l(11Nkl 1 a \!"1111 WI. r in)ll It halt 11/��ll 11 ♦Mel i\ \•t(.(t tlN i v It i "I :.n, "111 "" / llltl 1rl IMLN ice\ It I Slit Dirt OiTK1A( (1y(Y)kr,, &pklP 11;C PIIN:i Hi\r icw ra-X Culllrwr Rccord i his rage haz hecn )isircJ �,;0$ (im,. hnF 'xuu ni latl,erg �l,acenter,:sr�iu'rr�tiud_s r, , Commissioner Charles 'Sonny" McCoy RESOLUTION NOZ23 _2004 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DIRECTING MONROE COUNTY'S GROWTH MANAGEMENT DIVISION ISSUANCE OF PERMITS FOR TO MONITOR, LIMITLAND CLEARING IN THE BEST INTEREST AND PROTECTION OF THE PUBLIC GOOD AND IDENTIFY TO THE LAND AUTHORITY FOR RECOMMENDED PURCHASE ALL SMALL PARCELS OF CNA AREAS THROUGHOUT MONROE COUNTY NOT COVERED BY-FLORIDA FOREVER" FUNDS. WHEREAS, it is the desire of its citizens to preserve as much of the indigenous hammocks and pine stands as possible, and WHEREAS, the large tracts of hammock area will be preserved for purchase by funds from "Florida Forever", and WHEREAS, there is a threshold below which these funds may not be available; and WHEREAS, there is a stream of funds that could be available for the purchase of small parcels, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, THAT: Monroe County's Growth Management Division is hereby directed to: 1 Closely monitor those small parcels in the CNA areas to prevent un-permitted clearing. 2. Limit the issuance of permits for land clearing so that the good, including best interests of the public the encouragement of building affordable housing, are protected. 3. Identify these small parcels, not covered by the "Florida Forever Funds" to the Lan Authority for recommended purchase. d PASSED AND ADOPTED by the Board of County Comm day of June, 2004. issioners of Monroe County this,.th Mayor Murray Nelsons r= Mayor Pro Tem David P. Ricers O Commissioner Charles ` y� `Sonny" McCoy es a c-7 N 'h Commissioner George Neugent le s x N 0 Commissioner Dixie Spehar-yes (SEAL) ,,, N o Ate: Danny L. IhaBOARD OF COUNTY COMMISSIONERS OF Cr ge, Cleric MONROE C TY, FLORIDA B: E ,P Clerk By. MONROE COUNTY ATTORNEY MAYOR APP OV AS TO FORM: Q O= k �-<- JOHN R. COLLINS COUNTY ATTACMCV Lava Offices Kershoff, Lupino 'L'Vagel, L11 90130 OLD HIGHWAY ATT©RNEYs AT LAW TAVERNIER, FLOMA 33070 JAY A. HERSHOFF (305) 852-8440 - (305) 852-8848 FAX JAmEs S. Lupiw R.ussELL A. YAGEL JESSICA RoTHEYBERG ROHERT C. STOBER JBssicA B. REILLY June 4, 2007 Monroe County Building Department Arif Joulani 2798 Overseas Highway, Suite 410 Marathon, FL 33040 Re: Administrative Relief # 0469860.000000/ Robert Holeman Dear Mr. Joulani: LAND USE COORDINATOR PETER D. BACHELER JUN 1 2 2007 �rn This letter is written in concern to Robert Holeman who is the owner of lots 1,2,3 and 4 Block 18 of the Largo Sound Subdivision. Attached hereto as exhibit "A" is a report he received from County Personnel reflecting the fact that his property was recommended for issuance of a building permit under administrative relief. This report specifically states, that his property is not considered high quality hammock and is not a habitat for endangered species. This analysis was specifically confirmed by our client with Susan Sprunt who conducted a study of the property (a copy of which is enclosed) as well as our clients conversations with the biologist. Relying on same our client fully expected to have staff support for the issuance of the appropriate permits. It is our understanding that on the 4' day of May, 2007 a different report was presented to the BOCC. This new report is attached as exhibit "B". This report completely reverses the analysis set forth in exhibit "A". Our client was not provided a copy of this revision. And when he addressed the biologist about the second report the biologist did not seem to have any knowledge of how that came to be according to our client. Of further note, our client was not provided with any notice of the hearing where his property was discussed. Although notice should have been provided it is particularly egregious when the report that he was provided with, by County Personnel was reversed and staff recommendations were changed without notification to him. Our client has been damaged as a result. We ask that you have this matter immediately reviewed and placed back before the BOCC, with recommendations consistent with the first report dated October 21, 2002. If you are unwilling to take such action, our client will have no choice but to file legal action based in substantial part upon the facts set forth here and above. Please be advised that the client does have witnesses to conversations which took place supporting the facts above. I await your response. � ncerely, JADES S. LUPINO, ESQUIRE JSLS, m Encl4ls ENVIRONMENTAL CONSULTING. SYSTEMS, .INC:. 102 Mohawk Street, Tavernier, FL 33070 tel 305.852.1920 fax 305.852,7327 22 November 2002 Mr, Robert Holeman 330 P Road Ivey Largo, Florida 33037 RE:. Habitat Evaluation Indexes for Lots 24, Block 18, Largo Sound Park, First Addition Marlin and Transylvania Avenue Key Largo, Florida Dear Mr. Holeman: As;stated to you in an earlier letter datedthe 21 October 2002, the U.S.F.W.S, will require "mitigation" for impact (clearing) within the tropical hardwood hammock. According to the U:S;F.�V.S., since there is to be "one'housp per lot", minimization has not been demonstrated, Therefare; on Lots 2, 3, &; 4 a monetary. contribution .should be: issued to the Florida Keys .Environmental Restoration Trust Fund in order to "create" tropical hardwood hammock elsewhere. irithe Florida Keys. This is based on the presence of a specific type•of plant can these particular properties that are necessary..fnr the survival of an endangered species regulated.by th.i s agency.., The:cost of "me -creating" tropical hardwood hammock.has:been deterrri'ned based on conversations with the M6nr6e County Biologist; Ms..Niko Reisinger, the U.S.F.W.S. Biologist Mr. Bill Miller; and the calculations provided in ,the letter originally sent to you dated the 2.1 October 2002'£rom Environmental Consulting systems, Incorporated. The following calculations were agreed upon by the above referenced parties:: . Re-creating High Quality Hammock:. $ 2.00 per square foot ➢ Re-creating Moderate Quality Hammock. $ 1.40 per square foot Re-creating Low Quality Hammock: $ :70'ber square foot Based on the quality ofhaidwood hammock for your above referenced properties (low quality) you would be allowed to clear 60% of the total square footage of each lot. Therefore, 60°/a ofthe total square footage of each lot (6,653 square feet) would be, roughly 3,931 square feet, At a cost of $ .70 per.square feet X 3,991 square feet of clearing = $ 2J93.70 per..prc�perty. Please present.the .U.S.F.W.S.'Big fine Key oft'ice'(305}.872-275� with thp.Above referenced information regarding the "mitigation" and discuss. the possibility of obtaining their approval for development. If the U.S.F.W.S. agrees with the above. mitigation, they 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to be caring, professional and Fair To: Board of County Commissioners Through: Aref Joulani Senior Director of Planning & Environmental Resources From: Julianne Thomas, Planner David DaSilva, Biologist Date: April 20, 2007 RE: Administrative Relief forRobert Holeman RE## 00469830.000000 L BACKGROUND 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 (4) 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 allocation period. Date Entered ROGO: April 10, 2003 Date Entered Administrative Relief. May 5, 2006 ROGO Score: 22 Planning: 14 (+10) infill • (+) Lot Aggregation r (+4) perseverance Building: 7 • (+1) Flood Zone X • (+4) Water/Energy Conservation, s (+2) Structural Integrity Environmental: 1 • (+1) Group l II. CURRENT CONDITIONS Location: Lot 1, Block 18, Largo Sound Park RE# 00469830.000000 Owner: Robert Holeman Page I of 3 Reviewed by c U5a W:IGROWTH MANAGEMENTINon Geographic Projects\R0G01Adnn Reliet12007 May BOCC1Holeman 033003901Holeman830 Staff Report.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Applicant/Agent: Paul Turick Land Use District: Improved Subdivision - Masonry (IS-M) FLUM: Residential Medium (RM) Proposed Tier: III 2006 Taxable Value: $12,525.00 Purchase Price in 2002: $1.00 III. LEGAL ELIGIBILITY AND OPTIONS Eligibility for Administrative Relief Options: Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 2010 Comprehensive Plan provides a mechanism whereby an application which 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 (4) 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 allocation period. Relief Options under Administrative Relief: The remedies available to an application for Administrative Relief pursuant to Section 9.5-122.2(f)(6) include issuance of one (1) ROGO allocation awarded, 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 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 flan for the purchase of property under Administrative Relief. This parcel is separated from high quality hammock by a paved road, and has low quality hammock. This parcel will require a Habitat Evaluation Index prior to construction, and clearing on the parcel will be limited to 40%. The applicant has requested administrative relief in the form of a granting of one (1) ROGO 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. IV. RECOMMENDATIONS 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 a Resolution be prepared that establishes this relief awarding one (1) ROGO allocation in the next quarterly ROGO allocation period which closes July 13, 2007, or next available allocation period. Page 2 of 3 Reviewed by c#663 W:IGROWTH MANAGEMENTWon Geographic ProjectslR0G01Adm Relie#12007 May BOCC1Holeman 033003901Holeman830 Staff Report.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to be caring, professional and fair To: Board of County Commissioners Through: Aref joulani Senior Director of Planning & Environmental Resources From: Julianne Thomas, Planner David DaSilva, Biologist Date: April 20, 2007 RE: Administrative Relief forRobert Holeman, RE#1 00469840.000000 1. BACKGROUND 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 (4) 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 allocation period. Date Entered ROGO: April 10, 2003 Date Entered Administrative Relief: May 5, 2006 ROGO Score: 22 Planning. 14 r (+10) r (+4) Building. 7 • {+1} (+4 ) • (+2) Environmental r (+l) II. CURRENT CONDITIONS Infill Lot Aggregation Perseverance Flood Zone X Water/Energy Conservation, Structural Integrity 1 Group 1 Location: Lot 2, Block 18, Largo Sound Park., RE# 00469840.000000 Page I of 3 W:IGROWTI4 MANAGEMENTONon Geographic Projects\ROGUAdm B0CC\Ho1eman03300393\Holeman840 Staff Report.doc Reviewed by &CcN� Relief12007 May I Owner: Robert Holeman 2 3 Applicant/Agent: Paul Turick 4 5 Laud Use District: Improved Subdivision - Masonry (IS-M) FLUM: Residential Medium (RM) 6 Proposed Tier: III 7 8 2006 Taxable Value: $12,525.00 Purchase Price in 2002: $47,000,00 9 10 III. LEGAL ELIGIBILITY AND OPTIONS 11 12 Eligibility for Administrative Relief Options: 13 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 14 2010 Comprehensive Plan provides a mechanism whereby an application which has not received an 15 allocation award in ROGO may apply to the Board of County Commissioners for Administrative Relief. 16 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 17 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 18 annual allocation periods and having submitted their application for Administrative Relief no earlier than 19 the third annual allocation period and no later than ninety (90) days following the close of the fourth 20 allocation period. 21 22 Relief Options under Administrative Relief: 23 The remedies available to an application for Administrative Relief pursuant to Section 9.5-122.2(f)(6) 24 include issuance of one (1) ROGO allocation awarded, just compensation by purchase of the property, or 25 such other relief as may be necessary or appropriate. 26 27 The subject property does not contain sensitive environmental features or any significant habitat for 28 endangered or threatened species. It therefore does not meet the criteria established under the existing 29 Policy 101.6.6 and Policy 102.4.2, or the proposed Policy 101.6.5 of the Year 2010 Comprehensive Plan 30 for the purchase of property under Administrative Relief. This parcel is separated from high quality 31 hammock by a paved road, and has low quality hammock. This parcel will require a Habitat Evaluation 32 Index prior to construction, and clearing on the parcel will be limited to 40%. 33 34 The applicant has requested administrative relief in the form of a granting of one (1) ROGO allocation 35 and has not expressed a desire to sell the property to the County as provided for under Policy 101.6.1 of 36 the Year 2010 Comprehensive Plan. 37 38 IV. RECOMMENDATIONS 39 40 It is recommended that the Board of County Commissioners find that the applicant has met the criteria 41 and qualifies for Administrative Relief. It is further recommended that a Resolution be prepared that 42 establishes this relief awarding one (1) ROGO allocation in the next quarterly ROGO allocation period 43 which closes July 13, 2007, or next available allocation period. 44 Page 2 of 3 Reviewed by cfc5�3 W:IGROWTH MANAGEMENDNon Geographic ProjectslROGMAdm Relief12007 May BOCCE o1eman033003931Ho1ernan840 Staff Report.doc 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 To: Through: From: Date: RE: MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to be caring, professional and fair Board of County Commissioners Aref Joulani Senior Director of Planning & Environmental Resources Julianne Thomas, Planner David DaSilva, Biologist April 20, 2007 Administrative Relief forRobert Holemun, RE# 00469850,000000 I. BACKGROUND 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 (4) 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 allocation period. Date Entered ROGO: April 10, 2003 Date Entered Administrative Relief: May 5, 2006 ROGO Score: 22 Planning: 14 (+10) Infill (+) Lot Aggregation • (+4) Perseverance Building: 7 (+1) Flood Zone X (+4) Water/Energy Conservation, • (+2) Structural Integrity Environmental: 1 • (+1) Group 1 II. CURRENT CONDITIONS Page I of 3 Reviewed by o�Cc53 W:IGROWTH MANAGI MENT1Non Geographic ProjectslR0G01Adm Reliefl2007 May BOCClHoleman 033003941Holeman850 Staff Report.doc 1 2 Location: Lot 3, Block 18 Largo Sound Park RE# 00469850,000000 3 4 Owner: Robert Holeman 5 6 Applicant/Agent: Paul Turick 7 8 Land Use District: Improved Subdivision — Masonry (IS) FLUM: Residential Medium (RM) 9 Proposed Tier: III 10 11 2006 Taxable Value: $12,525.00 Purchase Price in 2002: $21,500.00 12 13 111. LEGAL ELIGIBILITY AND OPTIONS 14 15 Eligibility for Administrative Relief Options: 16 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 17 2010 Comprehensive Plan provides a mechanism whereby an application which has not received an 18 allocation award in ROGO may apply to the Board of County Commissioners for Administrative Relief. 19 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 20 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 21 annual allocation periods and having submitted their application for Administrative Relief no earlier than 22 the third annual allocation period and no later than ninety (90) days following the close of the- fourth 23 allocation period. 24 25 Relief Options under Administrative Relief: 26 The remedies available to an application for Administrative Relief pursuant to Section 9.5-122.2(f)(6) 27 include issuance of one (1) ROGO allocation awarded, just compensation by purchase of the property, or 28 such other relief as may be necessary or appropriate. 29 30 The subject property does not contain sensitive environmental features or any significant habitat for 31 endangered or threatened species. It therefore does not meet the criteria established under the existing 32 Policy 101.6.6 and Policy 102.4.2, or the proposed Policy 101.6.5 of the Year 2010 Comprehensive Plan 33 for the purchase of property under Administrative Relief. This parcel is separated from high quality 34 hammock by a paved road, and has low quality hammock. This parcel will require a Habitat Evaluation 35 Index prior to construction, and clearing on the parcel will be limited to 40%. 36 37 The applicant has requested administrative relief in the form of a granting of one (1) ROGO allocation 38 and has not expressed a desire to sell the property to the County as provided for under Policy 101.6.1 of 39 the Year 2010 Comprehensive Plan. 40 41 IV. RECOMMENDATIONS 42 43 It is recommended that the Board of County Commissioners find that the applicant has met the criteria 44 and qualifies for Administrative Relief. It is further recommended that a Resolution be prepared that 45 establishes this relief awarding one (1) ROGO allocation in the next quarterly ROGO allocation period 46 which closes July 13, 2007, or next available allocation period. 47 Page 2 of 3 Reviewed by oVeC58 W:IGROWTH MANAGEMENTINon Geographic PrgjectslROGOIAdm Relief12007 May BOCC1Holeman 033003941Holeman850 Staff Report.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to be caring, professional and fair To: Board of County Commissioners Through: Aref joulani Senior Director of Planning & Environmental Resources From: Julianne Thomas, Planner David DaSilva, Biologist Date: April 20, 2007 RE: Administrative Relief forRobert Holeman RE# 00469860.000000 1. BACKGROUND 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 (4) 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 allocation period. Date Entered ROGO: April 10, 2003 Date Entered Administrative Relief: May 5, 2006 ROGO Score: 22 Planning: 14 (+10) infill • (+) Lot Aggregation (+4) perseverance Building: 7 • (+l) Flood Zone X • (+4) Water/Energy Conservation, • (+2) Structural Integrity Environmental: 1 • (+1) Group 1 29 11. CURRENT CONDITIONS Page I of 3 Reviewed by oC W:IGROWTH MANAGEMENPNon Geographic ProjectstROGMAdm Reliefl2007 May BOCC\Holeman 033003961Holeman86©Staff Report.doc 2 Location: Lot 4, Block 18, Largo Sound Park,RE# 00469860.000000 3 4 Owner: Robert Holeman 5 6 Applicant/Agent: Paul Turick 7 8 Land Use District: Improved Subdivision -Masonry (IS - M) FLUM: Residential Medium (RM) 9 Proposed Tier: III 10 11 2006 Taxable Value: $12,525.00 Purchase Price in 2002: $21,500.00 12 13 111. LEGAL ELIGIBILITY AND OPTIONS 14 15 Eligibility for Administrative Relief Options: 16 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 17 2010 Comprehensive Plan provides a mechanism whereby an application which has not received an 18 allocation award in ROGO may apply to the Board of County Commissioners for Administrative Relief. 19 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 20 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 21 annual allocation periods and raving submitted their application for Administrative Relief no earlier than 22 the third annual allocation period and no later than ninety (90) days following the close of the fourth 23 allocation period. 24 25 Relief Options under Administrative Relief: 26 The remedies available to an application for Administrative Relief pursuant to Section 9.5-122.2(f)(6) 27 include issuance of one (1) ROGO allocation awarded, just compensation by purchase of the property, or 28 such other relief as may be necessary or appropriate. 29 30 The subject property does not contain sensitive environmental features or any significant habitat for 31 endangered or threatened species. It therefore does not meet the criteria established under the existing 32 Policy 101.6.6 and Policy 102.4.2, or the proposed Policy 101.6.5 of the Year 2010 Comprehensive Plan 33 for the purchase of property under Administrative Relief. This parcel is separated from high quality 34 hammock by a paved road, and has low quality hammock. This parcel will require a Habitat Evaluation 35 Index prior to construction, and clearing on the parcel will be limited to 40%. 36 37 The applicant has requested administrative relief in the form of a granting of one (1) ROGO allocation 38 and has not expressed a desire to sell the property to the County as provided for under Policy 101.6.1 of 39 the Year 2010 Comprehensive Plan. 40 41 IV. RECOMMENDATIONS 42 43 It is recommended that the Board of County Commissioners find that the applicant has met the criteria 44 and qualifies for Administrative Relief. It is further recommended that a Resolution be prepared that 45 establishes this relief awarding one (1) ROGO allocation in the next quarterly ROGO allocation period 46 which closes July 13, 2007, or next available allocation period. 47 Page 2 of 3 Reviewed by c66�3 W:lGROWTH MANAGEMENT1Non Geographic ProjectslROGO1Adm Reliei12007 May BOCC\Holeman 033003961Holeman860Staff Report.doc MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to be caring, professional and fair To: Board of County Commissioners Through: Aref jouiani Senior Director of Planning & Environmental Resources From: Julianne Thomas, Planner David DaSilva, Biologist Date: May 4, 2007 RE: Administrative Relief forRobert Holenwn RE# 00469830-000000 1 2 T. BACKGROUND 3 4 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 5 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 6 annual allocation periods and having submitted their application for Administrative Relief no earlier than 7 the third annual allocation period and no later than ninety (90) days following the close of the fourth 8 allocation period. 9 10 Date Entered ROGO: April 10, 2003 11 12 Date Entered Administrative Relief: May S, 2006 13 14 ROGO Score: 22 15 Planning. 14 16 . (+10) infill 17 . (+) Lot Aggregation 18 • (+4) perseverance 19 Building: 7 20 (+1) Flood Zone X 21 + (+4) Water/Energy Conservation, 22 (+2) Structural integrity 23 Environmental. 1 24 (+1) Group 1 ■�� 25�" 26 11. CURRENT CONDITIONS n 27 28 Location; Lot 1, Block 18, Largo Sound Park RE4 00469830.000000 29 30 Owner: Robert Holeanan Page I of 2 Reviewed by cs� W:iGROWTH MANAGEMENT1Non Geographic ProjectslROGOtAdm Relief\2007 May BOCClSpecial AppslHoleman 03300390\Holeman830 StaffReport.doc 2 Applicant/Agent: Paul Turick 4 Land Use District: Improved Subdivision - Masonry (IS-M) PLUM: Residential Medium (RM) 5 Proposed Tier: III 7 2006 Taxable Value: $12,525.00 Purchase Price in 2002: $1.00 8 9 111. LEGAL ELIGIBILITY AND OPTIONS 10 11 Eligibility for Administrative Relief Options: 12 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 13 2010 Comprehensive Plan provides a mechanism whereby an application which has not received an 14 allocation award in ROGO may apply to the Board of County Commissioners for Administrative Relief, 15 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 16 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 17 annual allocation periods and having submitted their application for Administrative Relief no earlier than 18 the third annual allocation period and no later than ninety (90) days following the close of the fourth 19 allocation period. 20 21 Relief Options under Administrative Relief: 22 The remedies available to an application. for Administrative Relief pursuant to Section 9.5-122.2(( b) 23 include issuance of one (1) ROGO allocation awarded, just compensation by purchase of the property, or 24 such other relief as may be necessary or appropriate. 25 26 The subject property does contain sensitive environmental features or significant habitat for endangered 27 or threatened species. It therefore does meet the criteria established under the existing Policy 101.6.6 28 and Policy 102.4.2, or the proposed Policy 101.6.5 of the Year 2010 Comprehensive Plan for the 29 purchase of property under Administrative Relief. This parcel is separated from high quality hammock 30 by a paved road, and has moderate duality hammock. If an allocation is approved, this parcel will 31 require a Habitat Evaluation index prior to construction, and a Grant of Conservation Easement covering 32 40% of the parcel shall be recorded prior to the issuance of a building permit. 33 34 The applicant has requested administrative relief in the form of a granting of one (1) ROGO allocation 35 and has not expressed a desire to sell the property to the County as provided for under Policy 101.6.1 of 36 the Year 2010 Comprehensive Plan. 37 38 IV. RECOMMENDATIONS 39 40 It is recommended that the Board of County Commissioners find that the applicant has met the criteria 41 and qualifies for Administrative Relief and a Resolution be prepared for purchase of the subject property 42 by Monroe County hand Authority. 43 Page 2 of 2 Reviewed by gve(58 W:IGROWTH MANAGEMENT�Non Geographic ProjectslROGO1Adm Relief12007 May BOCC1Special AppslHoleman 033003900Holeman830 Staff Report.doc 12. The Applicant has been in the ROGO system for three of the last four annual allocation periods and therefore qualifies for administrative relief. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: 1. Robert Holeman has met the requirements to receive administrative relief for Lot 1, Block 1 &, Largo Sound Park RE# 00469830.000000. 2. In accordance with Policy 101.6,5, 101.6.6 and BOCC Resolution 223-2004, the appropriate form of administrative relief for this application is an offer to purchase. The issuance of a ROGO allocation would be inconsistent with the Monroe county year 2010 Comprehensive Plan and BOCC Resolution 223-2004. 3. The Monroe County Land Authority is requested to have the subject property appraised and subsequently make an offer to purchase. 4. In the event Applicant declines the above referenced offer, Applicant will retain the right to remain in the ROGO system and continue competing for an allocation. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of , 2007. Mayor Mario Di Gennaro Mayor Pro Tem, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA WA (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK Mayor Mario Di Gennaro MONRUE COUNTY ATTORNEY AFAR EZ) AS FC1RM7- AI)1. N1STpATIVE RELIEF RESOLUTION Page 2 of 2 HOLEm AN, LOT 1, BLOCK 18, RE# 0064830.000000 ADMINISTRATIVE RELIEF IN THE FORD OF ONE (1) DWELLING UNIT ALLOCATION AWARD BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date:May 21. 20 77_ _ Division: Growth Mana ement Bulk Item: Yes _ No X Department: Plannin and Env. Resources Staff Contact Person: Julianne Thomas AGENDA ITEM WORDING: A public hearing to consider arequest for Administrative Relief for Robert Holean on Lot 1, Block 18, Largo Sound Park RE 4 ITEM BACKGROUND: A building permit was applied for on January 30, 2003 and a ROGO application was applied for on April 10, 2003. The applicant applied for administrative relief on May 5, 2006 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. Staff recommends that administrative relief be approved in the form of purchase by the Land Authority. Please note that the applicant does not have to accept this relief and may stay in the ROGO system to receive an allocation. If the BOCC should determine that administrative relief should be granted in the form on an allocation, a resolution has been provided which provides an allocation and requires a Habitat Evaluation Index along with a Grant of Conservation Easement for a portion of the Lot. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval in the form of purchase by the Land Authority. TOTAL COST: N/A BUDGETED: Yes N/A No _ COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes — No AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management N/A— DOCUMENTATION: included X Not Required DISPOSITION: AGENDA ITEM # RESOLUTION NO. —2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY ROBERT HOLEMAN ON PROPERTY DESCRIBED AS LOT 1, BLOCK 18, LARGO SOUND PARK RE# 00469830.000000 IN THE FORM OF PURCHASE OF THE PROPERTY BY THE MONROE COUNTY LAND AUTHORITY. WHEREAS, Robert Holeman submitted an application for administrative relief under § 9.5- 122(f) 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. Robert Holeman's application for administrative relief is for Lot 1, Block 18, Largo Sound Park in Monroe County, Florida having RE4 00469830.000000. 2. The date of the ROGO application is 4/10/2003, 3, The ROGO allocation application has been in the ROGO 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. MCC § 9.5-122.2(f) 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 § 9.5-122.2(f)(6) 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 5/5/2006, under § 9.5-122.2(f) of the Monroe County Code (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. 8. The subject property has the land use district designation of Improved Subdivision (IS), is located in the Largo Sound Park Subdivision and is environmentally sensitive. 9. Board of County Commissioners Resolution #223-2004 directs staff to identify small parcels with indigenous hammock or pinelands that are ineligible for purchase by the State with Florida Forever funds, limit the issuance of permits for clearing on said parcels, and recommends said parcel for purchase by the Monroe County Land Authority. 10, The subject property is in an area of indigenous moderate quality hammock and is designated as Tier 3 in the proposed Tier system. 11, The property does qualify under criteria established by Resolution i#223-2004 for purchase by the Monroe County Land Authority of small parcels with indigenous hammock and pinelands. ADMIMSTRATWE RELIEF RESOLUTION Page 1 of 2 HOLI mAN, LoT 1, BLOCK 18, RD 00469830.000000 RESOLUTION NO. 2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY ROBERT HOLEMAN ON PROPERTY DESCRIBED AS LOT 1, BLOCK 18, LARGO SOUND PARK RE# 00469830.000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Robert Holeman submitted an application for administrative relief under Sec. 9.5-122(f) 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: I. Robert Holeman's application for administrative relief is for Lot 1, Block 18, Largo Sound Park in Monroe County, Florida having RE# 00469830.000000. 2. The date of the ROGO application is April 10,2003. 3. The ROGO allocation application has been in the ROGO 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. MCC Section 9.5-122.2(f) 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 9.5-122.2(f)(6) 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 May 5, 2006, under Section 95-122.2(f) of the Monroe County Code (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. 8. The subject property has the land use district designation of Improved Subdivision - Masonry (IS-M), is located in the Lot 1, Block 18, Largo Sound Park and is not environmentally sensitive. 9. Board of County Commissioners Resolution #223-2004 directs staff to identify small parcels with indigenous hammock or pinelands. 10. The subject property is in an area of indigenous moderate quality hammock. 11. The property does qualify under criteria established by Resolution 9223-2004 for purchase by the Monroe County Land Authority of small parcels with indigenous hammock and pinelands. ADANisTRATp& RELIEF RESOLUMN Prgt 1 of 2 HOLEMAN, I.or 1, BLOCK 18, LARGO SouND PARK RE# 00469830.00D000 12. This parcel is separated from high quality hammock by a paved road, and has moderate quality hammock. This parcel will require a Habitat Evaluation Index prior to construction, and a Grant of Conservation Easement covering 40% of the parcel shall be recorded prior to the issuance of a building permit. 13. The Applicant has been in the ROGO system for three of the last four annual allocation periods and therefore qualifies for administrative relief. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to Robert Holeman, for Lot 1, Block 18, Largo Sound Park in the form of a dwelling unit allocation award, subject to the following conditions: I . 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 9.5-122.2(f) of the Monroe County Code. 2, This parcel will require a Habitat Evaluation Index prior to construction, and a Grant of Conservation Basement covering 40% of the parcel shall be recorded prior to the issuance of a building permit. 3. The allocation award shall be taken out of the next quarterly allocation which occurs on July 13, 2007 or next available allocation. period. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 21 st day of May, 2007. Mayor Mario Di Gennaro Mayor Pro Tern, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA P.M (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK Mayor Mario Di Gennaro DEPUTY CLERK PMONRO OUNTY ATTORNEY Api R 0 O iORM ADmINISTRATTVE RELIEF RF.SOLUMN Page 2 of 2 HoLEMAN, LOT [, BLOCS 18, LARGO SOLD0 PARK RE# 00459VD.000000 w 0 APMACATIONFOR %6w ADWNISTRATI'V-E RELIEF AA=W.Id kept--- APP6CAM Appbc*el- MUl=9 ow=' i now (ir awkmg owme$.ddrt": -A-vx;. yy by - olla 0= Yo-'Wlf we repm=t Y—) reprewmawm Of Ehk AWKSU Tba Kmr=m �hdd pt%d- -L (..met ZAM) sua"Lle (mc�v YT to MWtWrA MY pMrCrC) fur tb4 xpphcsdw for Adninatrbb-C Ral R5# Do 6 C5 - Leg : dampum (moch mAt" and binds dcanxkm it Amcmary)'-i-L-a-t Dv z ROGO *WficW-i(W— Whit Wad of ad--mnmm km Tw suiting, ------------------- 4CrrARY: Appfi-ofl me SrxTE OF FLORMA ODV,m The fbegomg siglWum was ,J=�kApd ,fe rm %M* f-.1-41 Of BY as id"d I "M. -Ay, %W ;�G?:RGE CGU#ITY z:rZ,* �rE.. w t' qe cf _ AtISCELLAiiiS S FBCHIPT RECEIPT # 55533 RECEIPT DATE 05/05f2006 REC81±rE1J RY : bolzb REC`D. FROM ROBERT HGLEMAN IMF 'c)6.1 UDF 136.2 NOTES pRIgT MACE 05/05/2006 PRINT TIME 1°7:11:58 CpBRATop hclzh 4ogY � a. CASH bRAWSR: 3 FEE 1.D A. G*�3bii' TH*S RCPT BALANCE ZGNING-032 3040.00 g3340.CC To ALE: �304(i.0+ 3040.•£0 �0.00 HETHOD OF PAYMENT AMOUNT 1'TJ.N-SF'R ------`-------"�- CREr"K__V-------_~------------ 550 FIRST STATE SANK TAL R%CEiPT _ 3040.00 Room HoLvaot FL c�Tfat4 40.Oq�itai� _ 6- r--j MONROE COUNTY AFFIDAVIT FOR ROGO AGENCY I hereby authorize: Paul Ty rick & Joyce KnaeMn be listed as (Name of Agenq s)) Authorized agents for - Robert Hoieman- for the (Name of Owner) purpose of aPpl}iftg and signing for the ROGO adrnini-siraxive feliefawicadon for my ProrwAy. This authorization t-w-cornes effective on the date this affidavit is notarized and shall remain in effect until terminated by the undersigned. This authorization acts as a durable power of attorney only for the put -poses stated. The undersigned understands the liabilities involved in the granting of this agency and accepts full responsibility (thug holding Monroe County hwrn)e_ss) for any and all of the actions of the agent(s) named, related to the acquisition Of permits for the aforementioned property owner. Authori7ed Signature NOTARY: STATE OF COUNTY OF I hL, (mrgaing insirum=i was me kno-w-t-edgc, KtfoWw this- day of (I We (Ckmrwrty Name) My umnfnission expire Sigmilum of Notmy Public Personally Km��n ar flnxfuced ldenliftcati4)n :ax I ype L'f 1&mifim ion Pnduo,,d Em Pr,,,,,tr,y lmfomatwn fur 1577014 pa;v I u, 2 ONLY E DATA CENTER It IOW RECORDS SEARCH f*OPf,RTY NI-tWMATION FOR: Al%!rn-qtv Key: 15?7014 RE Number 006(J93C,000WO J-21L--d!—It4�& 4J Y I ARGO KEV 1 Ak% ii fEti T x L. I I 1 ',0 I'AAK FHA4.eY '45T A IJRTI3,EK' �'VZT:0417,11- Sl'ftWVFW) 61 .14 Mrl.t.+cv GROUP EswratoTimxes K. COW V. AN 1 X 1.tiWl N I IAI LAPd Btl2its--- LA%� tAT t OOF. 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Commissioner Charles "Sonny" McCoy RESOLUTION NO 23 -2004 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DIRECTING MONROE COUNTY'S GROWTH MANAGEMENT DIVISION TO MONITOR, LIMIT ISSUANCE OF PERMITS FOR LAND CLEARING IN THE BEST INTEREST AND PROTECTION OF THE PUBLIC GOOD AND IDENTIFY TO THE LAND AUTHORITY FOR RECOMMENDED PURCHASE ALL SMALL PARCELS OF CNA AREAS THROUGHOUT MONROE COUNTY NOT COVERED BY "FLORIDA FOREVER" FUNDS. WHEREAS, it is the desire of its citizens to preserve as much of the indigenous hanumcks and pine stands as possible, and WHEREAS, the large tracts of hammock area will be preserved for purchase by funds from "Florida Forever", and WHEREAS, there is a threshold below which these funds may not be available; and WHEREAS, there is a stream of funds that could be available for the purchase of small parcels, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, THAT: Monroe County's Growth Management Division is hereby directed to: Closely monitor those small parcels in the CNA areas to prevent un-permitted clearing. Limit the issuance of permits for land clearing so that the best interests of the public good, including the encouragement of building affordable housing, are protected. 3. Identify these small parcels, not covered by the "Florida Forever Funds" to the Land Authority for recommended purchase. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County this oth day of Tune, 2004. Mayor Murray Nelson s o m r=- Mayor Pro Tem David P_ Rice_�es �., � ' '=1 Commissioner Charles "Sonny" McCoy_yes c N Commissioner George Neugent yes - � Commissioner Dixie Speh -y,e-s > (SEAL) BOARD OF COUNTY COMMISSIONERS OF C-n Attest: Danny L. large, Clerk MONROE C , FLORIDA-�' B By: Dep Clerk l4IQNROE COUNTY ATTORNEY MAYOR APP OVA�ORM:r....._..... i3 JOHN R. COLLINS COUNTY ATTORNEY txatie.., ©J 1 %tie t, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to be caring, professional and fair To: Board of County Commissioners Through: AM joulani Senior Director of Planning & Environmental Resources From: Julianne Thomas, Planner David DaSiiva, Biologist Date: May 4, 2007 RE: Administrative Relief forRobert Holeman, RE# 00469840-000000 1. BACKGROUND 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 (4) 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 allocation period. Date Entered ROGO: April 10, 2003 Bate Entered Administrative Relief: May S, 2006 ROGO Score: 22 Planning.- 14 (+10) Will (+) Lot Aggregation • (+4) Perseverance Building: 7 • (+1) Flood Zone X • (+4) WaterlEnergy Conservation, • (+2) Structural Integrity Environmental' I • (+1) Group I Page I of 2 Reviewed by cfc+3 W:,GROWTH MANAGEMENPNon Geographic Projectsa0G01Adm Relief\2007 May BOCC1SSpecial AppslHoleman03300393114oleman84O Staff Report.doc 1 11. CUPRENT CONDITIONS 3 Location: Lot 2, Block 18, Largo Sound Park, RE# 00469840.000000 4 5 Owner: Robert Holeman 6 7 Applicant/Agent: Paul Turick 9 Land Use District: Improved Subdivision - Masonry (IS-M) FLUM: Residential Medium (RM) 10 Proposed Tier: 1H 11 12 2006 Taxable Value: $12,525.00 Purchase Price in 2002: $47,000.00 13 14 111. LEGAL ELIGIBILITY AND OPTIONS 15 16 Eligibility for Administrative Relief Options: 17 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 18 2010 Comprehensive Plan provides a mechanism whereby an application which has not received an 19 allocation award in ROGO may apply to the Board of County Commissioners for Administrative Relief. 20 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 21 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 22 annual allocation periods and having submitted their application for Administrative Relief no earlier than 23 the third annual allocation period and no later than ninety (90) days following the close of the fourth 24 allocation period. 25 26 Relief Options under Administrative Relief: 27 The remedies available to an application for Administrative Relief pursuant to Section 9.5-122.2(f)(6) 28 include issuance of one (1) ROGO allocation awarded, just compensation by purchase of the property, or 29 such other relief as may be necessary or appropriate. 30 31 The subject property does contain sensitive environmental features or significant habitat for endangered 32 or threatened species. It therefore does meet the criteria established under the existing Policy 101.6.6 33 and Policy 102.4.2, or the proposed Policy 101.6.5 of the Year 2010 Comprehensive Plan for the 34 purchase of property under Administrative Relief. This parcel is separated from high quality hammock 35 by a paved road., and has moderate quality hammock. If an allocation is approved for this parcel, the 36 parcel will require a Habitat Evaluation Index prior to construction, and prior to issuance of any building 37 permit, a Grant of Conservation Easement covering 40% of the parcel shall be recorded. 38 39 The applicant has requested administrative relief in the form of a granting of one (1) ROGO allocation 40 and has not expressed a desire to sell the property to the County as provided for under Policy 101.6.1 of 41 the Year 2010 Comprehensive Plan. 42 43 1V. RECOMMENDATIONS 44 45 It is recommended that the Board of County Commissioners find that the applicant has met the criteria 46 and qualifies for Administrative Relief and a Resolution be prepared for purchase of the subject property 47 by Monroe County Land Authority. 48 Page 2 of 2 Reviewed by c0653 W:\GROWTH MANAGEMENT,,Non Geographic ProjectslROGOIAdm Reliet12007 May BOCOSpecial AppslHo1eman03300393\Ho1eman840 StaffReport_doe 11, The property does qualify under criteria established by Resolution 9223-2004 for purchase by the Monroe County Land Authority of small parcels with indigenous hammock and pinelands. 12. The Applicant has been in the ROGO system for three of the last four annual allocation periods and therefore qualifies for administrative relief. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Robert Holeman has met the requirements to receive administrative relief for Lot 2, Block 18, Largo Sound Park, RE# 00469840.000000. 2. In accordance with Policy 101.6.5, 101.6.6 and BOCC Resolution 223-2004, the appropriate form of administrative relief for this application is an offer to purchase. The issuance of a ROGO allocation would be inconsistent with the Monroe county year 2010 Comprehensive Plan and BOCC Resolution 223- 2004. The Monroe County Land Authority is requested to have the subject property appraised and subsequently make an offer to purchase. 4. In the event Applicant declines the above referenced offer, Applicant will retain the right to remain in the ROGO system and continue competing for an allocation. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of , 2007. Mayor Mario Di Gennaro Mayor Pro Tem, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia I Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK ADMLVISTRATIVE BELIEF RrsowTION FOR PURCHASE Hmi,EMAN, LOT 2, BLOCK IS, RE# 00469M.000000 Mayor Mario Di Gennaro MONRO COUNTY ti AN Y APP EO MFORM Dale;le,7a Page 2 of 2 . `aeiuoVy �utz��(hj &.�C"R�astiatd t�az;dsz�oa�`zat{ta xa sbrir o. atlb€z sp2ox `staoiacI sauepicnagJ.b U01,4eivasedez lebal E.aou sT uca2au poixWluoa elep atU'Atuo IVIAoxE) f4-0 --oyt all; Aq asn zoj s# deux SrLu -s—s enb irrx vY.Y6PY'13 k:5el n:u: C1URIf3t lfi AiNno BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 21 2007 Division: Growth Management Bulk Item: Yes No X Department: Planning and Env. Resources Staff Contact Person: Julianne Thomas AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for Robert Holeman on Lot 2, Block 18, Largo Sound Park, RE# 00469840.000000. ITEM BACKGROUND: A building permit was applied for on January 30, 2003 and a ROGO application was applied for on April 10, 2003. The applicant applied for administrative relief on May 5, 2006 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. Staff recommends that administrative relief be approved in the farm of purchase by the Land Authority. Please note that the applicant does not have to accept this relief and may stay in the ROGO system to receive an allocation. If the BOCC should determine that administrative relief should be granted in the form of an allocation, a resolution has been provided which provides an allocation and requires a Habitat Evaluation Index along with a Grant of Conservation Easement for a portion of the Lot. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval in the form of purchase by the Land Authority, TOTAL COST: N/A COST TO COUNTY: N/A BUDGETED: Yes N/A No SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes— No— AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management _NIA DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # ADMINISTRATIVE RELIEF IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD RESOLUTION NO. —2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATWE RELIEF MADE BY ROBERT HOLEMAN ON PROPERTY DESCRIBED AS LOT 2, BLOCK 18, LARGO SOUND PARK, RE# 00469840.000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Robert Holeman submitted an application for administrative relief under Sec. 9.5-122(f) 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. Robert Holeman's application for administrative relief is for Lot 2, Block 18, Largo Sound Park, in Monroe County, Florida having RE## 00469840.000000, 2. The date of the ROGO application is April 10, 2003, 3. The ROGO allocation application has been in the ROGO 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. MCC Section 9.5-122.2(f) 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. S. 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 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 May 5,2006, under Section 9.5-122.2(f) of the Monroe County Code (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. 8. The subject property has the land use district designation of Improved Subdivision - Masonry (IS-M), is located in the Largo Sound Park Subdivision and is not environmentally sensitive. 9. Board of County Commissioners Resolution #223-2004 directs staff to identify small parcels with indigenous hammock or pinelands. 10. The subject property is in an area of indigenous moderate quality hammock. l 1. 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. 12. This parcel is separated from high quality hammock by a paved road, and has low quality hammock. This parcel will require a Habitat Evaluation Index ADMmsT]t? nvf REuEf RESOUMON Page I of 2 ROSEkT HOLEWAN, LOT 2, BLOCK 18, LARco SouND PARK, RE4 00469840,000000 prior to construction, and a Grant of Conservation Easement covering 40% of the parcel shall be recorded prior to the issuance of a building permit. 13, The Applicant has been in the ROGO system for three of the last four annual allocation periods and therefore qualifies for administrative relief, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to Robert Holeman, for Lot 2, Block 18, Largo Sound Park, in the form of a dwelling unit 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 of the Monroe County Year 2010 Comprehensive Plan and as required by Section 9.5-122.2(f) of the Monroe County Code. 2. This parcel will require a Habitat Evaluation Index prior to construction, and a Grant of Conservation Easement covering 40% of the parcel shall be recorded prior to the issuance of a building permit. 3. The allocation award shall be taken out of the next quarterly allocation which occurs on July 13, 2007 or next available allocation period. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 21st day of May, 2007. Mayor Mario Di Gennaro Mayor Pro Tem, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK li . 811n Mayor Mario Di Gennaro Mt3NA: G.:'JN! Y 41 TL?RN Y APP D 4 111RMa Data: CLERK ADmrNrsTRArrvE RELIEF REsor. voN Page 2 of 2 RoBERT HoLEmAN, 1.oT 2, BLMK 18, LARW So€ Nj) ?AM RE# 0"69844.o WOO V! m APPIACATION FOR ADIMINIMATINS RELMF .A4VIX*w is; OWE= Applietv-is Name: C— Apph—el Owares rsea�e (if xppLkAug is go O&MMI, -' OwAr S Id.: repe&ew&4m a this applictfion by Somme wIff Lhu Svt 11- J.Jd ft-W: 'I. (V-nW'g name) WhOd- (—L-ich=W &M alldKWiZibg ZD MPreseaL Y�) to Rqwewm my prp� f., this aMhcgiw fx RB---� �61qb dwipdo (aaa hr mews and bow 6 dc*=iption if M"490-Y)! Pernm Date vfmwxttcxm POGO applicatiam— .6akHrioral NOTARY: STATE OF FLORMA A;Vlkxas sil� COUNTY Or-4 The famgolg gnom =kGowledpd before imdw y rrf r7 L-town to rm or Signaimeo(NoWy Public. Stawofflonda of I MISCELUNEGU5 RECEIPT RECEIPT k : 35533 P.EOPIP?' DATE : OS/:3512005 RRZF E V r, 3Y bol zb REC,J. FROM : ROBERT HOLERAN 4 1u'o.i i3Lr� IC6,2 NOTES FRY -IT LATE 05:05/2006 PR I."Ta TIME 10 _11 : 5 8 OP£RTPAR bO_2b COPY # I FEE Ir M0CP.ii THIS RCPT S1aSANTE ZC141NG-032 334a.CIO 3040 .00 a C.O� TrsRs -3C43,00 �304C 00 ,..0v Mfi' WX) OP PA MDA mums N DER ----------------- CHECK -1--- ---'-` 3040.00 ------------------ 550 F'IR..T SAATZ SANK TA.:, RsCEIP:' : 3040.00 300 nwm 40�Amo Date Vol� . _. DAM � i:067dW43RO. 08064.4A I I So 0 sgwn m MONROE COUNTY AF'FTDAVIT FOR ROGO AGENCY 1 hereby authorize: Paul Turicir & Jrevet Knaenen be listed as (Name of Agents)) Authorised agents for: RobertHoleman _ --- -----_ for the (Name of Owner) purpose of applying Kuhl aipaing tow the KOGO administrative rtficf application for my p-per(p. This authorization becomes effective on the dace this affidavit is notarized and shall remain in effect until terminated by the undersigned. This authorization acts as a durable power of attorney only for the purposes stated. The undersigned understands the liabilities involved in the granting of this agency and accepts full responsibility (thus holding Monroe County harmless) for any and all of the actions of the agents) named, related to the acquisition of permits for the aforementioned property owner - Authorized Signature NOTARY: STATE co- Cal: F Fhe f< niag irmMmene was ackrsowfedge 6eFare me this ATUAt'� dsy of by . fps. _._ (Name of t'crscns) for _.__.... ('rit(e of 3uttx>ri�ed Signature) (Company N&mc) My ccmRmksim eapirrs _------_—__ _ _------- Sivvm= of Nvmry Public ilemonAlh, Kjwwn or Pnxtucpl tdent4kaFian ��: L_._ � 7 - : ✓ - 3 Tt "� Type of ]dcntifcMi. t rndfux d Im Pq 1'-opert} nforriation lbi 1�77322 pavc I tyl, 2 ONLINE DATA CFN�rER RE(,<)RDsSFARcH NOPERTVINFOWMATIO's FOR: etitematcKcy:1577,022 RE T.btT: (Y)46Q94(J-0000W A$k OWNER OF RECORD PgiWf,RiY M tr R 31 "1 k 1 10 041 q I "P"', UW# 401 i NIVIK'Al. I (WAY101 UGAL DESCRIPTAg. 460630 40 "IS fAI.F (;R4X-P Pf Coot Map ")'IZC None L,n tom' Com LAID A RxA Pnnpe-j} fcIr I i?7C2? Page 2 1> 2 rf'arcel Value HistDry T,.� IWL i � I IR L.SD Jm EXL4Wrl,.%Or V-Ntftk F. ii .w lu I'm� <; Sk 1(l Psrcel Saks Hisibm N 0 1 f 1 9 Rf., mm t x I It r K - 4 11 R m I t 91 $ 1 (RVI Nil IN F n. H I 111 f XU -4 T If I DA 11 C4 I i Mr S k I t. f I W 1; 11.11 -kirm t PFIIF"kl 1;;Ir CAR O"if * Y1,411 T"VWXt'N' 11. 4J1*7klAt PY.(YJVA)S N41.E if M f-WE N'st Rt me."t HOOKIPAGE Vi,:w'['ax Colloctor Reimal ThLs Page has twen visiwd 2,309 times. m Commissioner Cues "Sonny" McCoy RESOLUTION NO?23 -2004 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DIRECTING MONROE COUNTY'S GROWTH MANAGEMENT DIVISION TO MONITOR, LIMIT ISSUANCE OF PERMITS FOR LAND CLEARING IN THE BEST INTEREST AND PROTECTION OF THE PUBLIC GOOD AND IDENTIFY TO THE LAND AUTHORITY FOR RECOMMENDED PURCHASE ALL SMALL PARCELS OF CNA AREAS THROUGHOUT MONROE COUNTY NOT COVERED BY "FLORIDA FOREVER" FUNDS. WHEREAS, it is the desire of its citizens to preserve as much of the indigenous hammocks and pine stands as possible, and WHEREAS, the large tracts of hammock area will be preserved for purchase by funds from "Florida Forever", and "WHEREAS, there is a threshold below which these funds may not be available; and WHEREAS, there is a stream of funds that could be available for the purchase of small parcels, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, THAT: Monroe County's Growth Management Division is hereby directed to: Closely monitor those small parcels in the CNA areas to prevent un-permitted clearing. 2. Limit the issuance of permits for land clearing so that the best interests of the public good, including the encouragement of building affordable housing, are protected. Identify these small parcels, not covered by the "Florida Forever Funds" to the band Authority for recommended purchase. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County this Uth day of June, 2004, 3 Mayor Murray Nelsons ;'rry Mayor Pro Tern David P. Rice. yes rn . Commissioner Charles "Sonny„ McCoys CZ) `--'3 tv G Commissioner George Neugent yeses,,- ,Q � Commissioner Dixie Spehar— D 340 (SEAL) BOARD OF COUNTY COMMISSIONERS OF CA Attest: Danny L. KoDlhage, Clerk MONROEA;j FLORIDA B By: Dep Clerk MONROE COUNTY ATTORNEY MAYOR AP�P�QV�FQRM: JOHN R. COLUNS a J COUNTY Y ATTORNEY Date ON RESOLUTION NO. --2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY ROBERT HOLEMAN ON PROPERTY DESCRIBED AS LOT 2, BLOCK 18, LARGO SOUND PARK HAVING RE# 00469940.000000 IN THE FORM OF PURCHASE OF THE PROPERTY BY THE MONROE COUNTY LAND AUTHORITY. ''WHEREAS, Robert Holeman submitted an application for administrative relief under § 9.5-122(f) of the Monroe County Land Development Regulations; and VaMREAS, the Monroe County Board of County Commissioners makes the following findings of fact and conclusions of law: Robert Holeman's application for administrative relief is for Lot 2, Block 18, Largo Sound Parr, in Monroe County, Florida having RE# 00469840.000000. 2. The date of the ROGO application is 4/10/2003. 3. The ROGO allocation application has been in the ROGO 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. MCC § 9.5-122.2(f) 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 § 9.5-122.2(f)(6) 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 5/5/2006, under § 9.5- 122.2(f) of the Monroe County Code (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. 8. The subject property has the land use district designation of Improved Subdivision (IS), is located in the Largo Sound Park Subdivision and is environmentally sensitive. 9. Board of County Commissioners Resolution #223-2004 directs staff to identify small parcels with indigenous hammock or pinelands that are ineligible for purchase by. the State with Florida Forever funds, limit the issuance of permits for clearing on said parcels, and recommends said parcel for purchase by the Monroe County Land Authority. 10, The subject property is in an area of indigenous moderate quality hammock and is designated as Tier 3 in the proposed Tier system. ADmfNisnATFVB RELmF RMLUTioN FOR P€3RmAsE Page 1 of 2 HmFmAN, LOT 2, BLOCK 19, RE# 00469840,000000 MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to be caring, professional and fair To: Board of County Commissioners Through: Aref Joulani Senior Director of Planning & Environmental Resources From: Julianne Thomas, Planner David DaSilva, Biologist Date: May 4, 2007 RE: Administrative Relief forRobert Holeinan, RE# 00469850.000000 1 I. BACKGROUND 3 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 4 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 5 annual allocation periods and having submitted their application for Administrative Relief no earlier than 6 the third annual allocation period and no later than ninety (90) days following the close of the fourth 7 allocation. period. 8 9 Date Entered ROGO: April 10, 2003 10 11 Date Entered Administrative Relief: May a, 2006 12 13 ROGO Score: 22 14 15 Planning. 14 16 . (+1 p) Infill 17 . (+) Lot Aggregation 18 . (+4) Perseverance 19 .Building: 7 20 + (+1) Flood Zone X 21 • (+4) Water/Energy Conservation, 22 • (+2) Structural integrity 23 Environmental: 1 24 • (+l) Group 1 26 27 28 29 Page 1 of 2 Reviewed by �C W:IGROWTH MANAGEMENT,Non Geographic Projectsa0G01Adm Reliefl2007 May B000Special App, +Holeman 03300394\Holeman850 Staff Reportpurchase.doc 1 II. CURRENT CONDITIONS 2 3 Location: Lot 3, Block 18 Largo Sound Park RE# 00469850.000000 4 5 Owner; Robert Holeman 6 7 Applicant/Agent: Paul Turick 8 9 Land Use District: Improved Subdivision — Masonry (IS) FLUM: Residential Medium (RM) 10 Proposed Tier: III 11 12 2006 Taxable Value: $12,525.00 Purchase Price in 2002: $21,500.00 13 14 III. LEGAL ELIGIBILITY AND OPTIONS 15 16 Eligibility for Administrative Relief Options: 17 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 18 2010 Comprehensive Plan provides a mechanism whereby an application which has not received an 19 allocation award in ROGO may apply to the Board of County Commissioners for Administrative Relief. 20 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 21 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 22 annual allocation periods and having submitted their application for Administrative Relief no earlier than 23 the third annual allocation period and no later than ninety (90) days following the close of the fourth 24 allocation period. 25 26 Relief Options under Administrative Relief: 27 The remedies available to an application for Administrative Relief pursuant to Section 9.5-122.2(f)(6) 28 include issuance of one (1) ROGO allocation awarded, just compensation by purchase of the property, or 29 such other relief as may be necessary or appropriate. 30 31 The subject property does contain sensitive environmental features or significant habitat for endangered 32 or threatened species. It therefore does meet the criteria established under the existing Policy 101.6.6 33 and Policy 102.4.2, or the proposed Policy 101.6.5 of the Year 2010 Comprehensive Plan for the 34 purchase of property under Administrative Relief. This parcel is separated from high quality hammock 35 by a paved road, and has moderate quality hammock. 36 37 The applicant has requested administrative relief in the form of a granting of one (1) ROGO allocation 38 and has not expressed a desire to sell the property to the County as provided for under Policy 101.6.1 of 39 the Year 2010 Comprehensive Plan. 40 41 IV. RECOMMENDATIONS 42 43 It is recommended that the Board of County Comrnissioners find that the applicant has met the criteria 44 and qualifies for Administrative Relief and a Resolution be prepared for purchase of the subject property 45 by Monroe County Land Authority. Page 2 of 2 Reviewed by C1)ocuments and Settings`.thornas-juliann6My Documents\AdminRelief Staff Report ALLOCATION.doc 12. This parcel is separated from high quality hammock by a paved road, and has moderate quality hammock. if an allocation is approved, this parcel will require a Habitat Evaluation Index prior to construction, and a Grant of Conservation Easement Preserving 40% of the Parcel shall be recorded prior to the issuance of a building permit. 13. The Applicant has been in the ROGO system for three of the last four annual allocation periods and therefore qualifies for administrative relief. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMNSSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to Robert Holeman, for Lot 3, Block 18 Largo Sound Park in the form of a dwelling unit 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 of the Monroe County Year 2010 Comprehensive Plan and as required by Section 9.5-122.2(f) of the Monroe County Code. 2. This parcel will require a Habitat Evaluation index prior to construction, and a Grant of Conservation Easement covering 40% of the parcel shall be recorded prior to the issuance of a building permit. 3. The allocation award shall be taken out of the next quarterly allocation which occurs on July 13, 2007 or next available allocation period. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 21 " day of May, 2007, Mayor Mario Di Gennaro Mayor Pro Tem, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Mario Di Gennaro (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK � oAPpo�S fORM ADmIa,€ smATwE RELmF RESOL€JTioN Page 2 of 2 HmEmAN, LOT 3, t:3LoeK 18 LARoo 8oLND PARK RE# 00469850.000000 ADMINISTRATIVE RELIEF IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION 'IVA RESOLUTION NO. 2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY ROBERT HOLEMAN ON PROPERTY DESCRIBED AS LOT 3, BLOCK 18 LARGO SOUND PARK HAVING RE# 00469850.000000 IN THE FORM OF PURCHASE OF THE PROPERTY BY THE MONROE COUNTY LAND AUTHORITY. WHEREAS, Robert Holeman submitted an application for administrative relief under § 9.5-122(f) 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. Robert Holeman's application for administrative relief is for Lot 3, Block 18 Largo Sound Park in Monroe County, Florida having RE# 00469850.000000. 2. The date of the ROGO application is 4/10/2003. 3. The ROGO allocation application has been in the ROGO system for at least four (4) consecutive years and qualities for administrative relief under Policy 101.6.1 of the Monroe County Year 2010 Comprehensive Plan. 4. MCC § 9.5-122.2(f) 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 §9.5-122.2(f)(6) 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 515/2006, under §9.5-122.2(f) of the Monroe County Code (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. 9. The subject property has the land use district designation of Improved Subdivision (IS), is located in the Largo Sound Park Subdivision and is environmentally sensitive. 9. Board of Country Commissioners Resolution #223-2004 directs staff to identify small parcels with indigenous hammock or pinelands that are ineligible for purchase by the State with Florida Forever funds, limit the issuance of permits for clearing on said parcels, and recommends said parcel for purchase by the Monroe County Land Authority. I0. The subject property is in an area of indigenous moderate quality hammock and is designated as Tier 3 in the proposed Tier system.. ADmw15TRATVa RELIEF RESOLUTION FOR PURCHASE Page 1 of 2 HOLEMAN, LOT 3, BLOCK 19 REE# 60469850.000W0 11. The property does qualify under criteria established by Resolution #223-2004 for purchase by the Monroe County Land Authority of small parcels with indigenous hammock and pinelands. 12. The Applicant has been in the ROGO system for three of the last four annual allocation periods and therefore qualifies for administrative relief. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: 1. Robert Holeman has met the requirements to receive administrative relief for Lot 3, Block 18 Largo Sound Park having RE# 00469850.000000. In accordance with Policy 101.6.5, 101.6.6 and BOCC Resolution 223-2004, the appropriate form of administrative relief for this application is an offer to purchase. The issuance of a ROGO allocation would be inconsistent with the Monroe county year 2010 Comprehensive Plan and BOCC Resolution 223- 2004. The Monroe County Land Authority is requested to have the subject property appraised and subsequently make an offer to purchase. 4. In the event Applicant declines the above referenced offer, Applicant will retain the right to remain in the ROGO system and continue competing for an allocation. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of 2007. Mayor Mario Di Gennaro Mayor Pro Tern, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 10 (SEAL) Mayor Maria Di Gennaro RNROE COUNTY ATTORNEY ATTEST: DANNY L. KOLHAGE, CLERK APPROVEDAS TO FOR* Dale: — cr DEPUTY CLERK ADMrNBTRATIvB RELIEF RFsOLunoN FOR PURCHASE Page 2 uC 2 HmEMAN, LoT 3, Bwm 19 RE# 0040850.000000 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: _ _ May 21, 2007 Division: Growth Management Bulk Item: Yes No X Department: Planning and Env. Resources Staff Contact Person: Julianne Thomas AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for Robert Holeman on Lot 3, Block 18 Largo Sound Park RE# 00469850.000000. ITEM BACKGROUND: A building permit was applied for on January 30, 2003 and a ROGO application was applied for on April 10, 2003. The applicant applied for administrative relief on May 5, 2006 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. Staff recommends that administrative relief be approved in the form of purchase by the Land Authority. Please note that the applicant does not have to accept this relief and may stay in the ROGO system to receive an allocation. If the BOCC should determine that administrative relief should be granted in the farm of an allocation, a resolution has been provided which provides an allocation and requires a Habitat Evaluation. Index along with a Grant of Conservation Easement for a portion of the Lot. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval in the form of purchase by the Land Authority. TOTAL COST: N/A COST TO COUNTY: N/A BUDGETED: Yes N/A No SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management N/A DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # pm omARTUBW UILY kw A"LJCAT14MNFOR %�4 �:v ADMMSTRATWE RELEEF 4Ppjitmm i4, -- O*mw APP6wntc�s liana;' - -!2,T-.- A;v,�t., muung adkkmc ga L-reS�h�1f 3� Qwnev's noun (if A"Ikaw a UA owna; - Admw. 3so. a�!! N2 �f—'r kA]94Q (Pkase a>och . =..m 4wbxw" tqnmnmtm of Otis 4*kab— by — -b- a- Y—It Th. ttamnw= Jwwk remi- 'I. (OVAUes: Dararcl *== = auffi*Azmg in fqwesag you) to raprexm wy pcopwty fcx O�m appbcwioa kw REI- 00 Y6C- L=jp. 4eseripum faawh owim Lad b&Lo,% dm=Pwm if 1-Al2&e> -So L>Qlt� 'FlAW Dice ofm:,s, mmat RCGO qVficom VA*c " of Rdmins=vive i*W m yw IcWn NCrTAP Y: STATE OF FLCWMA AM4c*nts IWUVZI( CDV.4T'Y OP Tee t�!V—g Sigmftc= was xctaowkdged befum rr,- this —t;4n of iF pomaxllv kMCm-M Eo Mt tr PTO J, Maas &gna= of NOMY NbliC, SUIc Of FlOddA MONROE COUNTY AFFIDAVIT FOR ROGO AGENCY t hereby authorize: Paul Turick & Jovice )Grieves be fisted as (Name of Agent(s)) - Authorized agents for - Hobert Holeman _ _- for the (Name of Owner) Purpose of applying arrd signing for the ROGO sdrainimadve relief vplication for my P-PeTty- This unhorization becomes effective on the date this affidavit is notarized and shall remain in effect until terminated by the undersigned. This authorization acts as a durable power of attorney only for the purposes stated. The undersigned understands the liabilities involved in the granting, of this agency and accepts full responsibility (thus holding Morin County harmless) for any and all of the actions of the agents) named, related to the acquisition of pernuts for the aforementioned property owner_ f Auth�gnature NOTARY: STATE OF COUNTY OF J r14/ Tics fc t grrirrg inmrumew was aeimowtrdge 6rfort me this day of by (Name of Person) (Tack of AuthcxUD4 Siprumne) (Compaay Name) My cormission cxpirov __._ Sit== of Notmv Public Pcrso.[W K,ro n, or Produced Idmuf3caSon _ (. ( rF ¢ { • �{E 3 t �J Type of ldrarraficatSon Produced rly cv :,.ril 3a 1 c€ 1 R-CEIPT 4 65533 RECR1PT DAT3 05/05/2CC6 MONROE COUNTY ***LIVE'** MISCELLANEOUS ;ZECEIP- RECEIt,--) BY : bolzb REC'D. FROM ROBERT P_OIEMAN DF 105.1 VDF 106.1 NOTES FEE ID Ai40i7N S �t)NIt7G- 032 304 0 .OA p3040-00 METHOD Cr PAYMENT AMOUNT - ---------------------------- ChECR 3040.00 IAL RECEIPT I. gym«=304e¢GO m PRINT DA_fl 05/05/2fiD6 Pitlt3T T"ME 10:11:58 OPERATCR bolzb COPY # 1 CA-H DWk-dER; 3 THIS RCPT BALANCE -- ---3040.0Q0.00 a3040sCC Q�r�0.00 t7.'MBER ------------------ 550 FIRST STATE BANK s:E36 �FlClt �x.36 8C#6 i3 i t 5l* as SO Pf,',Nrr1nfo=36<,n 1ti,r f j770,1 A2 W F :5" ON-LINE DATA CENTER Al, Ri.,coRns SEmic PR45PERTI PWO"IATION FDR; Altvc Key: 1577011 P.F Numher 0G464S50-00(xy.W) pig% C-I lx"aTM% M Y -kkW Ur 'M " 1 1 1 -RK N 0 1.) St abt\ LsJUN. I � V�RK li I AMI Mlt,L,dA'. 1"'am f Rl I'll I IA' [AID U�-F ( tho -SIM r tlOIARF-4 no lk et 1. 4,'2007 I'lr "S 7 7031 past! � If, Fax Rm. v EAst Mi ri rw\c, UcK kfll1; aaCrs Fr Ins., 0 Parcef sit" lbstor, Nf;ip -Ojkrqtl f ktn Rj f'lrjf Ft! Mr) 11) R.Et, "f,,Ik,WUfNp tkow"4Z D'If ,I 't t, F, PlirkSt LI, r w F Ffmi "t rrWx r�- IT, f t R.4 Tc r3FixUL RECVRM Boo* MAGC )l%TRLMFS-r This page has been vicicd 2,3U9 timc, M 0! 1, 4,22 00 1 Commissioner Chades " A=y " McCoy RESOLUTION NW 23 -2004 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DIRECTING MONROE COUNTY'S GROWTH MANAGEMENT DIVISION TO MONITOR, LIMIT ISSUANCE OF PERMITS FOR LAND CLEARING IN THE BEST INTEREST AND PROTECTION OF THE PUBLIC GOOD AND IDENTIFY TO THE LAND AUTHORITY FOR RECOMMENDED PURCHASE ALL SMALL PARCELS OF CNA AREAS THROUGHOUT MONROE COUNTY NOT COVERED BY "FLORIDA FOREVER" FUNDS. WHEREAS, it is the desire of its citizens to preserve as much of the indigenous hammocks and pine stands as possible, and WHEREAS, the large tracts of hammock area will be preserved for purchase by funds from "Mori da Forever", and WHEREAS, there is a threshold below which these funds may not be available; and WHEREAS, there is a stream of funds that could be available for the purchase of small parcels, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, THAT: Monroe County's Growth Management Division is hereby directed to: Closely monitor those small parcels in the CNA areas to prevent un-permitted clearing. 2. Limit the issuance of permits for land clearing so that the best interests of the public good, including the encouragement of building affordable housing, are protected. 3. Identify these small parcels, not coverers by the "Florida Forever Funds" to the Land Authority for recommended purchase. PASSED AND ADOPTER by the Board of County Commissioners of Monroe County this ifith day of June, 2004. Mayor Murray Nelsonyaas X O Zo ' C �^- rn Mayor Pro Tern David P. Rice_ n ? -yes Commissioner Charles "Sonny" mcCoy_yes c N G Commissioner George Neugent yes Commissioner ., f Dixie Spehar —rn _Yes (SEAL) BOARD OF COUNTY COMMISSIONERS OF Attest: Danny L. lhrge, Clerk MONROE C , FLORIDA E B; By: Clerk MONROE GOtlNTY RT�ORNEY MAYOR APP OV�I`flRM: q �� J©HN R. Cr%1 I WO COUNTY i�atQ. _ LLB 4 I 1 ATTORNEY , _ RESOLUTION NO. —2007 A RESOI..UTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY ROBERT HOLEMAN ON PROPERTY DESCRIBED AS LOT 3, BLOCK 18 LARGO SOUND PARK, RE# 00469850.000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Robert Holeman submitted an application for administrative relief under See. 9.5-122(f) of the Monroe County Land Development Regulations; and "EREAS, the Monroe County Board of County Commissioners makes the following findings of fact and conclusions of law: Robert Holeman's application for administrative relief is for Lot 3, Block 18 Largo Sound Park in Monroe County, Florida having RE# 00469850.000000. 2. The date of the ROGO application is April 10, 2003. 3. The ROGO allocation application has been in the ROGO 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. MCC Section 9.5-122.2(f) 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 9.5-122.2(f)(6) 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 May 5, 2006, under Section 9.5-122.2(f) of the Monroe County Code (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. 8. The subject property has the land use district designation of Improved Subdivision - Masonry (IS-M), is located in the Lot 3, Block 18 Largo Sound Park and is not environmentally sensitive. 9. Board of County Commissioners Resolution #223-2004 directs staff to identify small parcels with indigenous hammock or pinelands. 10. The subject property is not in an area of indigenous hammock or pinelands. 11. 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. 12. The Applicant has been in the ROGO system for three of the last four annual allocation periods and therefore qualifies for administrative relief. ADW,,'IS RATIVE RELIEF RESOLUTION Page 1 of 2 HOLEMAy, Lor 3. B€.oc'K 18 LARGO SOUND PARK RE# ON69850.000000 Protected NTY joONRQE A AOL, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to he caring, professional rind fair To: Board of County Connrnissioners Through: Aref Joulani Senior Director of Planning & Environmental Resources From: Julianne Thomas, Planner David DaSilva, Biologist Date: May 4, 2007 RE: Administrative Relief forRobert Holetnan RE# 00469860.000000 I. BACKGROUND 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 (4) 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 allocation period, Date Entered ROGO: April 10, 2003 Date Entered Administrative Relief: May 5, 2006 ROGO Scare: 22 Planning: 14 (+10) infill + (+) Lot Aggregation + (+4) perseverance Building: 7 + (+1) Flood Zone X + (+4) WaterTnergy Conservation, + (+2) Structural Integrity Environmental: I + (+1) Group I Page i of 3 Reviewed by ctt63 W:iGROWTH MANAGEMENTlNon Geographic ProjectsaOG0'Adm Relicf,,2007 May BOCC;Special Apps',Holeman 03300346,Holeman860Staff Reportpurchase.doc 1 11. CURRENT CONDITIONS 2 3 Location: Lot 4, Block 18, Largo Sound Park,RE# 00469860,000000 4 5 Owner: Robert Holeman 6 7 Applicant/Agent: Paul Turick 8 9 Land Use District: Improved Subdivision -Masonry (IS - M) FLUM: Residential Medium (RM) 10 Proposed Tier: Ill 11 12 2006 Taxable Value: S 12,525.00 Purcbase Price in 2002: $21,500.00 13 14 III. LEGAL ELIGIBILITY AND OPTIONS 15 16 Eligibility for Administrative Relief Options: 17 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 18 2010 Comprehensive Plan provides a mechanism whereby an application which has not received an 19 allocation award in ROGO may apply to the Board of County Commissioners for Administrative Relief. 20 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 21 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 22 annual allocation periods and having submitted their application for Administrative Relief no earlier than 23 the third annual allocation period and no later than ninety (90) days following the close of the fourth 24 allocation period. 25 26 Relief Options under Administrative Relief: 27 The remedies available to an application for Administrative Relief pursuant to Section 9.5-122.2(f)(6) 28 include issuance of one (1) ROGO allocation awarded, just compensation by purchase of the property, or 29 such other relief as may be necessary or appropriate. 30 31 The subject property does contain sensitive environmental features or significant habitat for endangered 32 or threatened species. It therefore does meet the criteria established under the existing Policy 101.6.6 33 and Policy 102.4.2, or the proposed Policy 101.6.5 of the Year 2010 Comprehensive Plan for the 34 purchase of property under Administrative Relief. This parcel is separated from high quality hammock by 35 a paved road, and has moderate quality hammock. 36 37 The applicant has requested administrative relief in the form of a granting of one (1) ROGO allocation 38 and has not expressed a desire to sell the property to the County as provided for under Policy 10I.6.1 of 39 the Year 2010 Comprehensive Plan. 40 41 IV. RECOMMENDATIONS 42 43 It is recommended that the Board of County Commissioners find that the applicant has met the criteria 44 and qualifies for Administrative Relief and that a Resolution be prepared for purchase of the subject 45 property by Monroe County Land Authority. 46 47 Page 2 of 3 Reviewed by W:',GROWTH MANAGEMENT Non Geographic ProjectslROGOIAdtn Relieft2007 May BOCC,Special AppsiHoleman 033003961Haletmn8605taff Reportpurchase.doc 6UN-TY ORMONRO .IOrwfss; k-f ADMINISTRATIVE RELIEF IN THE FORM OF PURCHASE OF THE PROPERTY BY THE MONROE COUNTY LAND AUTHORITY RESOLUTION NO. 2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY ROBERT HOLEMAN ON PROPERTY DESCRIBED AS LOT 4, BLOCK 18, LARGO SOUND PARK,RE# 00469860.000000 IN THE FORM OF PURCHASE OF THE PROPERTY BY THE MONROE COUNTY LAND AUTHORITY. WHEREAS, Robert Holeman submitted an application for administrative relief under §. 9.5-122(f) 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. Robert Holeman's application for administrative relief is for Lot 4, Block 18, Largo Sound Park, in Monroe County, Florida having RE# 00469860,000000. 2. The date of the ROGO application is 4/10/2003. 3. The ROGO allocation application has been in the ROGO 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. MCC § 9.5-122.2(f) 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 § 9.5-122.2(f)(6) 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 5/5/2006, under § 9.5- 122.2(f) of the Monroe County Code (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. 8. The subject property has the land use district designation of Improved Subdivision (IS), is located in the Largo Sound Park Subdivision and is environmentally sensitive. 9, Board of County Commissioners Resolution #223-2004 directs staff to identify small parcels with indigenous hammock or pinelands that are ineligible for purchase by the State with Florida Forever funds, limit the issuance of permits for clearing on said parcels, and recommends said parcel for purchase by the Monroe County Land Authority. 10, The subject property is in an area of indigenous moderate quality hammock and is designated as Tier 3 in the proposed Tier system. ADMAriSTRATWE RELIEF REsoL moh Page 1 of 2 HOLEMAN, LOT 4, $LOCK 18,RE4 OW9860.000WO 11. The property sloes qualify under criteria established by Resolution #223-2004 for purchase by the Monroe County Land Authority of small parcels with indigenous hammock and pinelands. 12. The Applicant has been in the ROGO system for three of the Iast four annual allocation periods and therefore qualifies for administrative relief. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Robert Holeman has met the requirements to receive administrative relief for Lot 4, Block 18, Largo Sound Park,RE# 00469860.000000. 2. In accordance with Policy 101.6.5, 101.6.6 and BOCC Resolution 223-2004, the appropriate form of administrative relief for this application is an offer to purchase. The issuance of a ROGO allocation would be inconsistent with the Monroe county year 2010 Comprehensive Plan and BOCC Resolution 223- 2004. 3. The Monroe County Land Authority is requested to have the subject property appraised and subsequently make an offer to purchase. 4. In the event Applicant declines the above referenced offer, Applicant will retain the right to remain in the ROGO systems and continue competing for an allocation. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of 2007. Mayor Mario Di Genaro Mayor Pro Tern, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) Mayor Mario Di Gennara ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK A€?M NISTRATVE RELIEF kEsownoN HOLEMA.N, LOT 4, BLOCK 18,RE# 00469860,WOD00 Maur n rrr� o"ar��r , APP{�p �p S Ff3R� Page 2 of 2 ADMINISTRATIVE RELIEF IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD RESOLUTION NO. 2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY ROBERT HOLEMAN ON PROPERTY DESCRIBED AS LOT 4, BLOCK 18, LARGO SOUND PAWRE# 00469860.000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Robert Holernan submitted an application for administrative relief under Sec. 9.5-122(f) 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. Robert Holeman's application for administrative relief is for Lot 4, Block 18, Largo Sound Park in Monroe County, Florida having RE# 00469860,000000, 2. The date of the ROGO application is April 10,2003. 3. The ROGO allocation application has been in the ROGO 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. MCC Section 9.5-122.2(f) 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 9.5-122.2(f)(6) 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 May 5, 2006, under Section 9,5-122.2(f) of the Monroe County Code (MCC) and Policy 101.6.1 of the 2010 Comprehensive Plan. 7. Policy 101 A5 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. 8. The subject property has the land use district designation of Improved Subdivision - Masonry (IS-M), is located in the Lot 4, Block 18, Largo Sound Park and is environmentally sensitive. 9. Board of County Commissioners Resolution #223-2004 directs staff to identify small parcels with indigenous hammock or pinelands. 10. The subject property is not in an area of indigenous hammock or pinelands. 11. The property does qualify under criteria established by Resolution #223-2004 for purchase by the Monroe County Land Authority of small parcels with indigenous hammock and pinelands. 12. This parcel is separated from high quality hammock by a paved road, and has low quality hammock. This parcel will require a Habitat Evaluation Index AUmiNisr2nTwE REtaF RESOLUTfON Page 1 of 2 R46$R? fICiI.FMRN, for 9, BLaCXC 18, LAP SOUND PARK RE# OW9860.(00W prior to construction, and a Grant of Conservation Easement Preserving 40% of the Parcel shall be recorded prior to the issuance of a building permit. 13. The Applicant has been in the ROGO system for three of the last four annual allocation periods and therefore qualifies for administrative relief, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to Robert Holeman, for Lot 4, Block 18, Largo Sound Park in the form of a dwelling unit allocation award, subject to the following conditions: I. 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 9.5-122.2(f) of the Monroe County Code. 2. This parcel will require a Habitat Evaluation Index prior to construction, and a Grant of Conservation Easement Preserving 40% of the Parcel shall be recorded prior to the issuance of a building permit. 3. The allocation award shall be taken out of the next quarterly allocation which occurs on July 13, 2007 or next available allocation period. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 21" day of May, 2007. Mayor Mario Di Gennaro Mayor Pro Tern, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 1yj (SEAL) Mayor Mario Di Gennaro ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK MONRDE COUNTY AWQRNEY t IVPPR Q AS ID,W ADD-;NisTRATrvE RELmF REsoLu noN Page 2 or 2 ROBERT HOLEMAN, LoT 4, BLOcK 18, LARoo SouND PARK,RE# 00469860.000000 APPLICATION FOR ADNOWLSTRATIVE RELIEF Applis is: AudxmRCPLesemaUVC Aqphc4n(&majUmgxddm" 2-12 Dwvct's Mime fir app&-au is aaawrgr): -Rr>V--A-1 -T .'Please amuh I llllllexet --Lbwizmg zqxr*m"Ca of Phis appkica6m by BGMOOM Cd— Lh= YOU— nIf- = RNA==' Ibmw lead 't (DWWYK name) I w6wizing to re-Presew you) io remftm ray propery for this Vpkxion far=l="t.7 Leo description fxuwh artts ud bQwWs 4cr--mpjjop if D= of rust rexal RnGO Vplication: Whtt kindof admia=wiw m4jel are you seeldrg, r-�I.dUI IT Additiona NOTA3M STATE OF FLCWM4 COUN" The foregoing signamm waz btfaae.rnc this -; �; -day of Yl -,114 1-, "Z1 Who ts POTSOnally Lot-% to me or prodweij VV Z- t UVI Sipal= of Notary Public, ftft of Flonda MONROE COUNTY AFFIDAVIT FOR ROGO AGENCY f here -by authorize Paul Turick & .levee Kamen be listed as (Flame of Ageat(s)) Authorized agents for: Robert Holeman for the Game of OAmer) Purpose cif applying sud signing for aw ROGO administrutire reficf applicatiun for my PmPerty- This authorization becomes effective on the date this affidavit is notarized and shall remain in effect until terminated by the undersigned. This and wizatim acts as a durable power of attorney only far tic purposes stated_ The undersigned understands the liabilities involved in the granting of this agency and accepts full responsibility (thus }soloing Monroe County harmless) for any and all of the actions of the agent($) named, related to the acquisition of permits for the aforementioned property owner. r Au Signature NOTARY STATE OF OZ�rc_ coui, Ti' C1F f. t t j the fotegnrng iaaatrmertt ryes scicrcnv3edet betb�re ma this by (Flame of Person) for (Title of AiR}.d.d signal=) (Cumpmy NUM) My Cib=13''W" expires Segnarure of Nvtar}• Public --- Pcruxixlly Known _ ar Prnduud ldertificatinn �'r r �i i?pe of IdentifeCbtion PrCKWC i RECE PT vATE CS:`31, 2i3�5 �^.BRIi'?' _H'w _:_::1__•e'~ nR tK i:G COPY ft RECE:._, BY 4EC'D. FROM hal« R3STR7 :ASH DRA-rrER: 3 jD ib- UDr i' 6G 2 . I .,-----A Ay..C��}IT 7riSS R=YPT f3A7J,NCE 20 SY;-u3� 3�43.LC 3040 C-C, -- .OS ME'rliOD Oi PAYMZNT A.40LT.%l ti f2FR ` vCe{ -. K __3w4D.C'C 350 FIRST SATE aA,,Tft r �1 R_CSIF^ G�3C4}jC•C �1,rCC'�. Lam TAA3 SOU 370iF�IWf6 e�.&16�is1-i�t i�l f,eaaa to ndw � S c CzAmn Aay wme _ EtFI& ?CfQC1L 3$r; CiBL��is. } 3 � 1 �� f3 5 SL] PIN In P7("PertY lflf=tatwn !Ot ;577£r-#8 Pmpen, Drt-�16 Ow'% I x f4 R ym= :9A wa'l K I 31i I I I IRD RF,Al) ppt V I IO'l PH11" It L(X Al R).N KI � L.UtO) SIJ, 1!) PAKK MO-1 olk; 40 iST %[M L,11, USE Cwx Map 1470 Nvnc r srna;i r Ejcdicjm r. !.arsv. L"U'LRIA 1* 1 P4.,2(07 Page of ------------ U DM, Lkr- LN F'�fpnl t.�N "�j M*Roh c4Ems 11 'S� NCLE InNI. 1 low M3 FP2rCeISaks Hisron Si IT. D., rp OV'Ht VLL PJ'7qj1'5 115IRI 'IVvt 'A L� View Tax-Callc�cor Record ,,is page Us bcn vkiled -JQ9 I'm", m htip:-';"-,vwjncpajj 1,14,2(07 Commissioner Chmies -Sonny- McCoy RESOLUTION N0�23 -2004 A RESOLUTION OF THE BOARD OF COUNTY COMNIISSIONERS OF MONROE COUNTY, FLORIDA, DIRECTING MONROE COUNTY'S GROWTH MANAGEMENT DIVISION TO MONITOR, LIMIT ISSUANCE OF PERMITS FOR LAND CLEARING IN THE BEST INTEREST AND PROTECTION OF THE PUBLIC GOOD AND IDENTIFY TO THE LAND AUTHORITY FOR RECOMMENDED PURCHASE ALL SMALL PARCELS OF CNA AREAS THROUGHOUT MONROE COUNTY NOT COVERED BY "FLORIDA FOREVER" FUNDS. WHEREAS, it is the desire of its citizens to preserve as much of the indigenous ham ock$ and Pine stands as possible, and "WHEREAS, the large tracts of hammock area will be preserved for purchase by funds from "Florida Forever", and WHEREAS, there is a threshold below which these funds may not be available; and WHEREAS, there is a stream of funds that could be available for the purchase of small parcels, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, THAT: Monroe County's Growth Management Division is hereby directed to.. Closely monitor those small parcels in the CNA areas to prevent un-permitted clearing. Limit the issuance of permits for land clearing so that the best interests of the public good, including the encouragemem of building affordable housing, are protected. 3. Identify these small parcels, not covered by the "Florida forever Funds" to the Land Authority for 1ecommended purchase. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County this,.Wth day of .tune, 2004. Mayor Murray Nelsons� rr, Mayor Pro Tern David P. Rice_ye- �. Commissioner Charles "Sonny" McCoy_res Coftnissioner George Neugent yes ? c M Commissioner Dixie Spehar. yam, � o � (SEAL) BOARD OF COUNTY COMMISSIONERS OF can B : Attest: Danny L. lhage, Clerk MONROE C , FLORIDA By: E pep Clerk MONROE COUNTY ATTORNEY MAYOR RPP�f O�V AS TO FORM: J©HN R. COLL 110 ATTORNEY COUNTY, 9rTos .�... BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: August 15, 2007 Division: Growth Management Bulk Item: Yes _ No X Department: Planning and Env. Resources Staff Contact Person:Tiffany Stankiewicz/Ralph Gouldy AGENDA ITEM WORDING: A public hearing to reconsider a request for Administrative Relief for Robert Holeman on Lot 2, Block 18, Largo Sound Park, Key Largo RE# 00469840.000000. ITEM BACKGROUND: A building permit was applied for on January 30, 2003 and a ROGO application was applied for on April 10, 2003. The applicant applied for administrative relief on May 5, 2006 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. Staff recommends that administrative relief be approved in the form of purchase by the Land Authority. Please note that the applicant does not have to accept this relief and may stay in the ROGO system to receive an allocation. PREVIOUS RELEVANT BOCC ACTION: The Board of County Commissioners considered the Administrative Relief request May 21, 2007. The Board adopted Resolution 202-2007 approving the Administrative Relief request in the form of purchase of the property by the Monroe County Land Authority. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval in the form of purchase by the Land Authority. TOTAL COST: N/A COST TO COUNTY: N/A BUDGETED: Yes N/A No SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes _ No _ AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management N/A DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # RESOLUTION NO. —2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY ROBERT HOLEMAN ON PROPERTY DESCRIBED AS LOT 2, BLOCK 18, LARGO SOUND PARK, KEY LARGO HAVING RE# 00469840.000000 IN THE FORM OF PURCHASE OF THE PROPERTY BY THE MONROE COUNTY LAND AUTHORITY. WHEREAS, Robert Holeman submitted an application for administrative relief under Sec. 9.5-122(f) of the Monroe County Land Development Regulations; and WHEREAS, this matter was heard at the May 21, 2007 Special meeting of the Board of County Commissioners at which meeting the Board adopted resolution 202-2007 recommending purchase of the property as administrative relief; and WHEREAS, the applicant has requested a rehearing of this application; and WHEREAS, the applicant was given an opportunity to be heard; and WHEREAS, the Monroe County Board of County Commissioners makes the following findings of fact and conclusions of law: 1. Robert Holeman's application for administrative relief is for Lot 2, Block 18, Largo Sound Park, in Monroe County, Florida having RE# 00469840.000000. 2. The date of the ROGO application is 4/10/2003. 3. The ROGO allocation application has been in the ROGO 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. MCC Sec. 9.5-122.2(f) 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 Sec. 9.5-122.2(f)(6) 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 5/5/2006, under Sec. 9.5- 122.2(f) of the Monroe County Code (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. 8. The subject property has the land use district designation of Improved Subdivision (IS-M), is located in the Largo Sound Park Subdivision and is environmentally sensitive. ADMINISTRATIVE RELIEF RESOLUTION FOR PURCHASE Page i of 2 HOLEMAN, LOT 2, BLOCK 18, RE# 00469840.000000 9. Board of County Commissioners Resolution #223-2004 directs staff to identify small parcels with indigenous hammock or pine stands and limit the issuance of permits for clearing on said parcels. This parcel is within the Florida Forever boundaries and is deemed appropriate for acquisition. 10. The subject property consists of solid canopy of native hardwood hammock trees and is designated as Tier 3-A (Special Protection Area) in the proposed Tier system. 11. The property qualifies under criteria established by Resolution #223-2004 for purchase by the Monroe County Land Authority on behalf of Monroe County when granting administrative relief. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Robert Holeman has met the requirements to receive administrative relief for Lot 2, Block 18, Largo Sound Park, Key Largo RE# 00469840.000000. 2. In accordance with Policy 101.6.5, 101.6.6 and BOCC Resolution 223-2004, the appropriate form of administrative relief for this application is an offer to purchase. The issuance of a ROGO allocation would be inconsistent with the Monroe county year 2010 Comprehensive Plan and BOCC Resolution 223- 2004. The Monroe County Land Authority is requested to have the subject property appraised and subsequently make an offer to purchase. 4. In the event Applicant declines the above referenced offer, Applicant will retain the right to remain in the ROGO system and continue competing for an allocation. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of , 2007. Mayor Mario Di Gennaro Mayor Pro Tem, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS (SEAL) OF MONROE COUNTY, FLORIDA BY Mayor Mario Di Gennaro ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK ADMINISTRATIVE RELIEF RESOLUTION FOR PURCHASE HOLEMAN, CAT 2, BLOCK 18, RE# 00469840.000000 Page 2 of 2 { MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair TO: Board of County Commissioners Through: Aref Joulani Senior Director of Planning & Environmental Resources From: Tiffany Stankiewicz, Sr. Planning Tech. Ralph Gouldy, Sr. Administrator Environmental Resources Date: July 27, 2007 RE: Revised Staff Report for Request for Administrative Relief by Robert Holeman, RE# 00469840.000000 1 I. BACKGROUND 2 3 This hearing is being held upon the advice of the County Attorney to provide all due process to the 4 applicant. The Board of County Commissioners (BOCC) considered Mr. Holeman's application for 5 Administrative Relief on May 21, 2007. The BOCC adopted Resolution 202-2007 approving the 6 Administrative Relief Request in the form of purchase of the property by the Monroe County Land 7 Authority. The application is being brought forward for reconsideration based on a letter dated June 4, 8 2007 from James S. Lupin, Esquire indicating applicant had received a draft report recommending a 9 ROGO allocation award and that the applicant was not provided proper notice. The notice of the change 10 of meeting date from May 17, 2007 to May 21, 2007 was mailed on May 14, 2007 to Mr. Holeman's 11 agent. 12 13 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 14 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 15 annual allocation periods and having submitted the application for Administrative Relief no earlier than 16 the third annual allocation period and no later than ninety (90) days following the close of the fourth 17 allocation period. 18 19 Date Entered ROGO: April 10, 2003 20 21 Date Entered Administrative Relief: May 5, 2006 22 23 ROGO Score: 22 24 25 Planning: 14 26 • (+10) Infill 27 • (+) Lot Aggregation Page 1 of 3 Reviewed by C:ADocuments and Settings`,tezanos-mayra\Local Settings'vTemporary Internet Files`.0LKI3B',1Joleman840 Staff Report.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 • (+4) Building: 7 • (+1) • (+4 ) (+2) Environmental (+1) II. CURRENT CONDITIONS Perseverance Flood Zone X Water/Energy Conservation, Structural Integrity Group 1 Location: Lot 2, Block 18, Largo Sound Park, Key Largo RE# 00469840.000000 Owner: Robert Holeman Applicant/Agent: Paul Turick Land Use District: Improved Subdivision - Masonry (IS-M) FLUM: Residential Medium (RM) Proposed Tier: III A — Special Protection Area (incorrectly reported as Tier III on previous report) 2006 Taxable Value: $12,525.00 Purchase Price in 2002: $47,000.00 III. LEGAL ELIGIBILITY AND OPTIONS 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 (4) consecutive annual allocation periods and having submitted the 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 allocation period. Relief Options under Administrative Relief: The remedies available for an application for Administrative Relief pursuant to Section 9.5-122.2(f)(6) include issuance of one (1) ROGO allocation award, just compensation by purchase of the property, or such other relief as may be necessary or appropriate. The applicant has requested administrative relief in the form of a granting of one (1) ROGO allocation and has not expressed a desire to sell the property to the County. If the applicant rejects the relief approved by the Board, the applicant may remain in the ROGO System. Evaluation: Currently the subject property contains sensitive environmental features or significant habitat for endangered or threatened species. The property consists of solid canopy of native hardwood hammock trees. Therefore it meets 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. This parcel is separated from high quality hammock by a paved road. Page 2 of 3 Reviewed by C:ADocuments and Settings\tezanos-mayra\Local Settings\Temporary Internet Files\OLK13B\Holeman840 Staff Report.doc I Additionally, the subject property has been verified as being in a proposed Tier III A — Special Protection 2 Area. This parcel is one of four contiguous parcels for which administrative relief is being requested. 3 The property has been identified as having indigenous hammock. It is on the list of properties within the 4 boundary of Florida Forever acquisitions, indicating that the State of Florida deems the property to have 5 habitat worth saving by purchase. 6 % IV. RECOMMENDATIONS 8 9 It is recommended that the Board of County Commissioners approve the request for Administrative 10 Relief in the form of a purchase offer by the Monroe County Land Authority. 11 Page 3 of 3 Reviewed by C:ADocuments and Settings\tezanos-mayra\Local Settings\Temporary Internet Files\OLK 13B\.Holeman840 Staff Report.doc 4:1 ANEW �At 4 I I I -- - -- - -"Owm!mm xx IffmNIN IN P/M/N.MUMMM, 14 County of Monroe Growth Management Division Planning & Environmental Resources Department 2798 Overseas Highway, Suite 410 Marathon, FL 33050 Voice: (305) 289-2500 FAX: (305) 289-2536 We strive to he caring, professional and fair August 1, 2007 Bob Holeman 33 3rd Rd. Key Largo, FL 33037 Board of County Commissioners Mayor Mario Di Gennaro, Dist, 4 Mayor Pro Tern Dixie Spehar, Dist. 1 George Neugent, Dist. 2 Charles "Sonny" McCoy, Dist. 3 Sylvia J. Murphy, Dist. 5 Subject: The Administrative Relief Hearing — August 15, 2007 3:00 PM BOCC Public Hearing for RE # 00469840.000000 Dear Mr. Holeman: Please be advised that your application for a determination of Administrative Relief will be heard by the Monroe County Board of County Commissioners on August 15, 2007. The hearing will be held at the Key Largo Library, Tradewinds Shopping Center, 101485 Overseas Highway, Key Largo. The hearing will begin at 3:00 PM but please be aware that we cannot give time certain for a specific applicant. You will be able to view the Staff Reports for your request on our website a few days before the meeting; www.monroecountv-fl.gov, you can find the reports under "Links for Residents" - "BOCC Agendas" then click on the meeting date. Should you have any questions regarding this hearing please contact me at (305) 289-2522. Sincerely, ��C f Nicole Petrick Planning Commission Coordinator CC: Paul Turick & Joyce Knaepen, Agents, 212 Jasmine St. Tavernier, FL 33070 James S. Lupino, Esquire, 90130 Old Highway, Tavernier, FL 33070 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 21 2007 Division: Growth Management Bulk Item: Yes — No X Department:Planning and Env. Resources Staff Contact Person: Julianne Thomas AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for Robert Holeman on Lot 2, Block IS, Largo Sound Park, RE# 00469840.000000. ITEM BACKGROUND: A building permit was applied for on January 30, 2003 and a ROGO application was applied for on April 10, 2003. The applicant applied for administrative relief on May 5, 2006 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. Staff recommends that administrative relief be approved in the form of purchase by the Land Authority, Please note that the applicant does not have to accept this relief and may stay in the ROGO system to receive an allocation. If the BOCC should determine that administrative relief should be granted in the form of an allocation, a resolution has been provided which provides an allocation and requires a Habitat Evaluation Index along with a Grant of Conservation Easement for a portion of the Lot. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval in the form of purchase by the Land Authority, TOTAL COST: N/A COST TO COUNTY: N/A BUDGETED: Yes N/A No SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes_ No_ AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management N'A DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to be caring, professional and fair To: Board of County Commissioners Through: Aref Joulani Tt W. Senior Director of Planning & Environmental Resources >,. L From: Julianne Thomas, Planner David DaSilva, Biologist Date: May 4, 2007 RE: Administrative Relief forRobert Holeman, RE# 00469840.000000 I I. BACKGROUND 2 3 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 4 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 5 annual allocation periods and having submitted their application for Administrative Relief no earlier than 6 the third annual allocation period and no later than ninety (90) days following the close of the fourth 7 allocation period. 8 9 Date Entered ROGO: April 10, 2003 10 1 I Date Entered Administrative Relief: May 5, 2006 12 13 ROGO Score: 22 14 15 Planning: 14 16 • (+10) Will 17 • (+) Lot Aggregation 18 • (+4) Perseverance 19 Building: 7 20 • (+1) Flood Zone X 21 • (+4) Water/Energy Conservation, 22 • (+2) Structural Integrity 23 Environmental: 1 24 • (+l} Group 25 26 27 28 29 Pagel of 2 Reviewed by c C(`, W:IGROWTH MANAGEMENTrNon Geographic ProjectslROGO�Adm Reliefl2007 May BOCOSpeeial AppsiHoleman03300393\Holeman840 Staff Report.doc 1 II. CURRENT CONDITIONS 2 3 Location: Lot 2, Block 18, Largo Sound Park, RE# 00469840,000000 4 5 Owner: Robert Holeman 6 7 Applicant/Agent: Paul Turick 8 9 Land Use District: Improved Subdivision - Masonry (IS-M) FLUM: Residential Medium (RM) 10 Proposed Tier: III 11 12 2006 Taxable Value: $12,525.00 Purchase Price in 2002: $47,000.00 13 14 III. LEGAL ELIGIBILITY AND OPTIONS 15 16 Eligibility for Administrative Relief Options: 17 Section 9.5-1222(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 18 2010 Comprehensive Plan provides a mechanism whereby an application which has not received an 19 allocation award in ROGO may apply to the Board of County Commissioners for Administrative Relief. 20 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 21 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 22 annual allocation periods and having submitted their application for Administrative Relief no earlier than 23 the third annual allocation period and no later than ninety (90) days following the close of the fourth 24 allocation period. 25 26 Relief Options under Administrative Relief: 27 The remedies available to an application for Administrative Relief pursuant to Section 9.5-122.2(t)(6) 28 include issuance of one (1) ROGO allocation awarded, just compensation by purchase of the property, or 29 such other relief as may be necessary or appropriate. 30 31 The subject property does contain sensitive environmental features or significant habitat for endangered 32 or threatened species. It therefore does meet the criteria established under the existing Policy 101.6.6 33 and Policy 102.4.2, or the proposed Policy I01.6.5 of the Year 2010 Comprehensive Plan for the 34 purchase of property under Administrative Relief. This parcel is separated from high quality hammock 35 by a paved road, and has moderate quality hammock. If an allocation is approved for this parcel, the 36 parcel will require a Habitat Evaluation Index prior to construction, and prior to issuance of any building 37 permit, a Grant of Conservation Easement covering 40% of the parcel shall be recorded. 38 39 The applicant has requested administrative relief in the form of a granting of one (1) ROGO allocation 40 and has not expressed a desire to sell the property to the County as provided for under Policy 101.6.1 of 41 the Year 2010 Comprehensive Plan. 42 43 IV. RECOMMENDATIONS 44 45 It is recommended that the Board of County Commissioners find that the applicant has met the criteria 46 and qualifies for Administrative Relief and a Resolution be prepared for purchase of the subject property 47 by Monroe County Land Authority. 48 Page 2 of 2 Reviewed by L, F W:',GROWTH MANAGEMENPNon Geographic ProjectsAROGO`Adm Reliett2007 May BOCC\Special Apps''Aoleman033003931,Holeman84O Staff Report.doc Habitat Evaluation: Bk 18, Lot 2, Largo Sound Park, Key Largo Owner: R. Boleman, RE #00469840.000000 4L d. A 4A -4 41' 41 I "W I -:Z, 1-� M." 'A k 7 4. A mk 07 Honda Forever Boundary fend U- De gmtwn H.bu.t Lay., ----------- CNTY'ofMqNROE This Map is for use by the Monroe County Growth Management Division only.The data contained herein is not a legal repesentation of boundaries, parcels, roads right of ways or other geographical data. RI-P-led by f-11—ne Th.— ADMINISTRATIVE RELIEF IN THE FORM OF PURCHASE OF THE PROPERTY BY THE MONROE COUNTY LAND AUTHORITY RESOLUTION NO. —2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY ROBERT HOLEMAN ON PROPERTY DESCRIBED AS LOT 2, BLOCK 18, LARGO SOUND PARK HAVING RE# 00469840,000000 IN THE FORM OF PURCHASE OF THE PROPERTY BY THE MONROE COUNTY LAND AUTHORITY. WHEREAS, Robert Holeman submitted an application for administrative relief under § 9.5-122(f) 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: t. Robert Holeman's application for administrative relief is for Lot 2, Block 18, Largo Sound Park, in Monroe County, Florida having RE# 00469840.000000. 2. The date of the ROGO application is 4/10/2003. 3. The ROGO allocation application has been in the ROGO 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. MCC § 9.5-122.2(f) 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 § 9.5-122.2(f)(6) 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 5/5/2006, under § 9.5- 122.2(f) of the Monroe County Code (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. S. The subject property has the land use district designation of Improved Subdivision (IS), is located in the Largo Sound Park Subdivision and is environmentally sensitive. 9. Board of County Commissioners Resolution #223-2004 directs staff to identify small parcels with indigenous hammock or pinelands that are ineligible for purchase by the State with Florida Forever funds, limit the issuance of permits for clearing on said parcels, and recommends said parcel for purchase by the Monroe County Land Authority. 10. The subject property is in an area of indigenous moderate quality hammock and is designated as Tier 3 in the proposed Tier system. -ADMRJ14TRATTVE REL(FF RPSOLUTION FOR PIIRC14ASE HOLEMAN, LOT 2, Bux h 18, REM 00469840.000000 Page I or 2 1 I. The property does qualify under criteria established by Resolution 4223-2004 for purchase by the Monroe County Land Authority of small parcels with indigenous hammock and pinelands. 12. The Applicant has been in the ROGO system for three of the last four annual allocation periods and therefore qualifies for administrative relief. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: L Robert Holeman has met the requirements to receive administrative relief for Lot 2, Block 18, Largo Sound Park, RE# 00469840.000000. 2. In accordance with Policy 101.6.5, 101.6.6 and BOCC Resolution 223-2004, the appropriate form of administrative relief for this application is an offer to purchase. The issuance of a ROGO allocation would be inconsistent with the Monroe county year 2010 Comprehensive Plan and BOCC Resolution 223- 2004. The Monroe County Land Authority is requested to have the subject property appraised and subsequently make an offer to purchase. 4. In the event Applicant declines the above referenced offer, Applicant will retain the right to remain in the ROGO system and continue competing for an allocation. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of , 2007. Mayor Mario Di Gennaro Mayor Pro Tem, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK ADMLNISTRATIVE RELIEF RESOLUTION FOR PURCILASE H(ATMAN, LOT 2. BLOCK 18, RE# W 469840,(9" I0 Mayor Mario Di Gennaro MONppC EDM ORM r Oap: v Page 2 of 2 ADMINISTRATIVE RELIEF IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD RESOLUTION NO. —2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY ROBERT HOLEMAN ON PROPERTY DESCRIBED AS LOT 2, BLOCK 18, LARGO SOUND PARK, RE# 00469840.000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Robert Holeman submitted an application for administrative relief under Sec. 9.5-122(f) 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. Robert Holeman's application for administrative relief is for Lot 2, Block 18, Largo Sound Park, in Monroe County, Florida having RE# 00469840.000000. 2. The date of the ROGO application is April 10, 2003, 3. The ROGO allocation application has been in the ROGO 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. MCC Section 9.5-122.2(f) 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 9.5-122.2(f)(6) 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 May 5,2006, under Section 9.5-122.2(f) of the Monroe County Code (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. 8. The subject property has the land use district designation of Improved Subdivision - Masonry (IS-M), is located in the Largo Sound Park Subdivision and is not environmentally sensitive. 9. Board of County Commissioners Resolution #223-2004 directs staff to identify small parcels with indigenous hammock or pinelands. 10. The subject property is in an area of indigenous moderate quality hammock. 11. 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. 12. This parcel is separated from high quality hammock by a paved road, and has low quality hammock. This parcel will require a Habitat Evaluation Index ADMINISTRATIVE RELIEF RESOLUTION ROBERT HOLEMAN, LOT 2, Bt,(xK 18. LAR00 SOI ND PAM RF# ON69W OOOOW Psge 1 of 2 prior to construction, and a Grant of Conservation Easement covering 40% of the parcel shall be recorded prior to the issuance of a building permit. 13. The Applicant has been in the ROGO system for three of the last four annual allocation periods and therefore qualifies for administrative relief, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to Robert Holeman, for Lot 2, Block 18, Largo Sound Park, in the form of a dwelling unit 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 of the Monroe County Year 2010 Comprehensive Plan and as required by Section 9.5-122.2(f) of the Monroe County Code. '.. This parcel will require a Habitat Evaluation Index prior to construction, and a Grant of Conservation Easement covering 40% of the parcel shall be recorded prior to the issuance of a building permit. The allocation award shall be taken out of the next quarterly allocation which occurs on July 13, 2007 or next available allocation period. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 21 st day of May, 2007. Mayor Mario Di Gennaro Mayor Pro Tem, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA RIM (SEAL) Mayor Mario Di Gennaro ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY MCNR -- APP' QEDAS NrA'fpRNEV—�— GRM, Datr. CLERK Ar*vNIs rRATI VE RELIEF RESOLUTION ROeER r HOLE -MAN, WT 2, $LOCK I S. LARcio SouN, P Page 2 0! 2 hRK, RE# 0h46,)W0OW00 APPLICATION FOR ADMINLSTRATIVE RELIEF kmlw t,.A -, O-n" App;.-I 'tale,, -JL6-ritin. J tha apoicstson b,, -,mwm Dow than yoaradt, The Ih-Jd read 'I. (—wex name) md"rm Imh—j" Ift ashmxing w represmi y c000i �M*m mymyPmPcflry am"tvcm Px Adrmamosave Retie Rrll- J-p,! dewnpam (snach mews az bow)&, Aaamptpm,t bwessy) EQ1, Wza 0 ��-o --- *46, Dow tInvo scent ROW applicas il�—gcq zc�oa %%u kind4.dm.�Unnve retie(uc yewswjangl fl- 7 M— NOTARY �� y`.�'`nJ STATEOF FL(*Ir)A Appficam's S, cyx.wry oF Tb. (—g—x jfmaru acknojdpd b.,f._ _,)u, dry c3 as ideaufieat:na sivw=,)t Noun ?ub;ic, 5= of Flonda of I M'S7ELLACTEC.1;Z RECEIrT RE-E:PT 0 FRIN- CATE FE 7-A-F PP-N— 7IME 10 11 :5q OF EP;T'-'R cc F'y 0 �y t,--, -AH -,RAWER. 3 REC'D FROM P0EC.37 FCLEK*, UCP ICE FFE Ir A-14CUNT T-FIS FCPT SALAI,7,,E ZCNING-032 1 04o C -40. oc PCTALS: 3uq C 14ETHQD OF PAYKEW- — -------------- AMOUUT N--'%GER 7N E C K -------- 3 04 c i - - ------------- SSG FIRST 17TATE RANK RECEIP7 : X0M7 "OUUM CONXTWJCnM ft At=, Orr LN60, ft 3pw Da f%w. Wtko AV.- "I MONROE COUNTY AFFIDAVIT FOR ROGO AGENCY I hereby authorize: ___Paul Turick & J2yce Kneetxw be Iiated as (Vame of Agent(s)) Authorized agents for: Robert Holemas for the (Name of (hvrwr) PurPose of aMl? ing and n19amTo for the k(C}t) administrative relief appliovinn tix my prtiperiy. This authorization becomes effective on the date this afTidavit is notarized and shall remain in effecA until terminated by the undersigned. This authorization acts as a durable power of attorney only for the purposes stated. The undersigned undergands the liabilities involved in the granting of this agency and accepts full responsibility (thus holding Monroe County harmless) for any and all of the actions of the agent4s) named, related to the acquisition of permits for the aforementioned property owner. 6oriAuzed Signature rtuTARV STA rE OF L Cc t � c Ot NNl Y [l c furcWring niwruarnu was sctaowkdhfl ledge erxe me tee � zit i�— � IT—�_� Jay of I None of Per-Anl — for rI'Ile orau,tnrizedSignantrcl -- I('.arrppnyName) — - ----- M} txnmisron expires — -- -- S1gnanucof'Vorary I'uhtce Perni�ralt} Knows cK Pnidwed tder W—watxxt-- Tape of ldennficatiun Pnxh-ed F''r�prn: !�;'rnanon t"t -Per-) Vslk. Htaon i +t Rbr I 1 t a¢ & Ir q,,r. VOL- 03 IF r IMPRo' Mrvt, LND A1T i\L Mi n, r\c rtitrr LMIs ,� h tz ol`., pr �i.w_v ta�.mE \.1I1 111 a Rr��NII)� �M♦ ITi'N t111 Il 1 ifs f11RV1 t..\tH\ei Yi\It �NIIN i[ll bill iH ♦�11 (• — 'JI(r4,!Y V, IL ty-M Lt/ Rt �I IN(ry TH>+tATa6E PNRi IWwt Mr�i 1 r„ ((i VIC" Cet C-A:clur -i hI< pad; ha, hirn i�l!,r1 �Uv tint(~ imp 'tau'.. m: t; .Irk J.t;zun;rr-,-arch rc.rni i P .t-ati Commissioner Charles "Sonny' McCoy RESOLUTION NO,223 -2004 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DIRECTING MONROE COUNTY'S GROWTH MANAGEMENT DIVISION ISSUANCE OF PERMITS FOR TO MONITOR, LIMITLAND CLEARING IN THE BEST INTEREST AND PROTECTION OF THE PUBLIC GOOD AND IDENTIFY TO THE LAND AUTHORITY FOR RECOMMENDED PURCHASE ALL SMALL PARCELS OF CNA AREAS THROUGHOUT MONROE COUNTY NOT COVERED BY "FLORIDA FOREVER" FUNDS. WHEREAS, it is the desire of its citizens to preserve as much of the indigenous hammocks and pine stands as Possible, and WHEREAS, the large tracts of hammock area will be preserved for purchase by funds from "Florida Forever", and WHEREAS, there is a threshold below which these funds may not be available; and WHEREAS, there is a stream of funds that could be available for the purchase of small parcels, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, THAT: Monroe County's Growth Management Division is hereby directed to: 1. Closely monitor those small parcels in the CNA areas to prevent un-permitted clearing. 2. Limit the issuance of permits for land clearingso that the g good, including the encouragement of building affordable housing, interests of the public g, Protected. 3. Identify these small parcels, not covered by the "Florida Forever Funds" to the Land Authority for recommended purchase. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County day of June, 2004.th d Mayor Murray Nelsons i ao i ►— Mayor Pro Tem David P, Rice_s `` rn Commissioner Charles "Sonny" McCoy ,es Canmissioner George Neugent o �, NJ C 3 N '►t yes Commissioner Dixie Spchar ��r �s 'C'yb = ►�� (SEAT,) r- � N Attest: Day I-- large, Clerk BOARD OF COUNTY COMMISSIONERS OF w o MONROEXCTY, FLORIDA B< By: Dep Clerk MONROE COUNTY ATTORNEY MAYOR APP OV AS TO FORM: 0 ti �5 JOHN R. COLLINS COUNTY ATTORNEY pate__O� _1�rla� Lava Offices Kershoff, Lupino 'L'Vagel, L11 90130 OLD HIGHWAY ATT©RNEYs AT LAW TAVERNIER, FLOMA 33070 JAY A. HERSHOFF (305) 852-8440 - (305) 852-8848 FAX JAmEs S. Lupiw R.ussELL A. YAGEL JESSICA RoTHEYBERG ROHERT C. STOBER JBssicA B. REILLY June 4, 2007 Monroe County Building Department Arif Joulani 2798 Overseas Highway, Suite 410 Marathon, FL 33040 Re: Administrative Relief # 0469860.000000/ Robert Holeman Dear Mr. Joulani: LAND USE COORDINATOR PETER D. BACHELER JUN 1 2 2007 �rn This letter is written in concern to Robert Holeman who is the owner of lots 1,2,3 and 4 Block 18 of the Largo Sound Subdivision. Attached hereto as exhibit "A" is a report he received from County Personnel reflecting the fact that his property was recommended for issuance of a building permit under administrative relief. This report specifically states, that his property is not considered high quality hammock and is not a habitat for endangered species. This analysis was specifically confirmed by our client with Susan Sprunt who conducted a study of the property (a copy of which is enclosed) as well as our clients conversations with the biologist. Relying on same our client fully expected to have staff support for the issuance of the appropriate permits. It is our understanding that on the 4' day of May, 2007 a different report was presented to the BOCC. This new report is attached as exhibit "B". This report completely reverses the analysis set forth in exhibit "A". Our client was not provided a copy of this revision. And when he addressed the biologist about the second report the biologist did not seem to have any knowledge of how that came to be according to our client. Of further note, our client was not provided with any notice of the hearing where his property was discussed. Although notice should have been provided it is particularly egregious when the report that he was provided with, by County Personnel was reversed and staff recommendations were changed without notification to him. Our client has been damaged as a result. We ask that you have this matter immediately reviewed and placed back before the BOCC, with recommendations consistent with the first report dated October 21, 2002. If you are unwilling to take such action, our client will have no choice but to file legal action based in substantial part upon the facts set forth here and above. Please be advised that the client does have witnesses to conversations which took place supporting the facts above. I await your response. � ncerely, JADES S. LUPINO, ESQUIRE JSLS, m Encl4ls ENVIRONMENTAL CONSULTING. SYSTEMS, .INC:. 102 Mohawk Street, Tavernier, FL 33070 tel 305.852.1920 fax 305.852,7327 22 November 2002 Mr, Robert Holeman 330 P Road Ivey Largo, Florida 33037 RE:. Habitat Evaluation Indexes for Lots 24, Block 18, Largo Sound Park, First Addition Marlin and Transylvania Avenue Key Largo, Florida Dear Mr. Holeman: As;stated to you in an earlier letter datedthe 21 October 2002, the U.S.F.W.S, will require "mitigation" for impact (clearing) within the tropical hardwood hammock. According to the U:S;F.�V.S., since there is to be "one'housp per lot", minimization has not been demonstrated, Therefare; on Lots 2, 3, &; 4 a monetary. contribution .should be: issued to the Florida Keys .Environmental Restoration Trust Fund in order to "create" tropical hardwood hammock elsewhere. irithe Florida Keys. This is based on the presence of a specific type•of plant can these particular properties that are necessary..fnr the survival of an endangered species regulated.by th.i s agency.., The:cost of "me -creating" tropical hardwood hammock.has:been deterrri'ned based on conversations with the M6nr6e County Biologist; Ms..Niko Reisinger, the U.S.F.W.S. Biologist Mr. Bill Miller; and the calculations provided in ,the letter originally sent to you dated the 2.1 October 2002'£rom Environmental Consulting systems, Incorporated. The following calculations were agreed upon by the above referenced parties:: . Re-creating High Quality Hammock:. $ 2.00 per square foot ➢ Re-creating Moderate Quality Hammock. $ 1.40 per square foot Re-creating Low Quality Hammock: $ :70'ber square foot Based on the quality ofhaidwood hammock for your above referenced properties (low quality) you would be allowed to clear 60% of the total square footage of each lot. Therefore, 60°/a ofthe total square footage of each lot (6,653 square feet) would be, roughly 3,931 square feet, At a cost of $ .70 per.square feet X 3,991 square feet of clearing = $ 2J93.70 per..prc�perty. Please present.the .U.S.F.W.S.'Big fine Key oft'ice'(305}.872-275� with thp.Above referenced information regarding the "mitigation" and discuss. the possibility of obtaining their approval for development. If the U.S.F.W.S. agrees with the above. mitigation, they 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to be caring, professional and Fair To: Board of County Commissioners Through: Aref Joulani Senior Director of Planning & Environmental Resources From: Julianne Thomas, Planner David DaSilva, Biologist Date: April 20, 2007 RE: Administrative Relief forRobert Holeman RE## 00469830.000000 L BACKGROUND 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 (4) 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 allocation period. Date Entered ROGO: April 10, 2003 Date Entered Administrative Relief. May 5, 2006 ROGO Score: 22 Planning: 14 (+10) infill • (+) Lot Aggregation r (+4) perseverance Building: 7 • (+1) Flood Zone X • (+4) Water/Energy Conservation, s (+2) Structural Integrity Environmental: 1 • (+1) Group l II. CURRENT CONDITIONS Location: Lot 1, Block 18, Largo Sound Park RE# 00469830.000000 Owner: Robert Holeman Page I of 3 Reviewed by c U5a W:IGROWTH MANAGEMENTINon Geographic Projects\R0G01Adnn Reliet12007 May BOCC1Holeman 033003901Holeman830 Staff Report.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Applicant/Agent: Paul Turick Land Use District: Improved Subdivision - Masonry (IS-M) FLUM: Residential Medium (RM) Proposed Tier: III 2006 Taxable Value: $12,525.00 Purchase Price in 2002: $1.00 III. LEGAL ELIGIBILITY AND OPTIONS Eligibility for Administrative Relief Options: Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 2010 Comprehensive Plan provides a mechanism whereby an application which 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 (4) 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 allocation period. Relief Options under Administrative Relief: The remedies available to an application for Administrative Relief pursuant to Section 9.5-122.2(f)(6) include issuance of one (1) ROGO allocation awarded, 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 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 flan for the purchase of property under Administrative Relief. This parcel is separated from high quality hammock by a paved road, and has low quality hammock. This parcel will require a Habitat Evaluation Index prior to construction, and clearing on the parcel will be limited to 40%. The applicant has requested administrative relief in the form of a granting of one (1) ROGO 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. IV. RECOMMENDATIONS 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 a Resolution be prepared that establishes this relief awarding one (1) ROGO allocation in the next quarterly ROGO allocation period which closes July 13, 2007, or next available allocation period. Page 2 of 3 Reviewed by c#663 W:IGROWTH MANAGEMENTWon Geographic ProjectslR0G01Adm Relie#12007 May BOCC1Holeman 033003901Holeman830 Staff Report.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to be caring, professional and fair To: Board of County Commissioners Through: Aref joulani Senior Director of Planning & Environmental Resources From: Julianne Thomas, Planner David DaSilva, Biologist Date: April 20, 2007 RE: Administrative Relief forRobert Holeman, RE#1 00469840.000000 1. BACKGROUND 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 (4) 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 allocation period. Date Entered ROGO: April 10, 2003 Date Entered Administrative Relief: May 5, 2006 ROGO Score: 22 Planning. 14 r (+10) r (+4) Building. 7 • {+1} (+4 ) • (+2) Environmental r (+l) II. CURRENT CONDITIONS Infill Lot Aggregation Perseverance Flood Zone X Water/Energy Conservation, Structural Integrity 1 Group 1 Location: Lot 2, Block 18, Largo Sound Park., RE# 00469840.000000 Page I of 3 W:IGROWTI4 MANAGEMENTONon Geographic Projects\ROGUAdm B0CC\Ho1eman03300393\Holeman840 Staff Report.doc Reviewed by &CcN� Relief12007 May I Owner: Robert Holeman 2 3 Applicant/Agent: Paul Turick 4 5 Laud Use District: Improved Subdivision - Masonry (IS-M) FLUM: Residential Medium (RM) 6 Proposed Tier: III 7 8 2006 Taxable Value: $12,525.00 Purchase Price in 2002: $47,000,00 9 10 III. LEGAL ELIGIBILITY AND OPTIONS 11 12 Eligibility for Administrative Relief Options: 13 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 14 2010 Comprehensive Plan provides a mechanism whereby an application which has not received an 15 allocation award in ROGO may apply to the Board of County Commissioners for Administrative Relief. 16 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 17 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 18 annual allocation periods and having submitted their application for Administrative Relief no earlier than 19 the third annual allocation period and no later than ninety (90) days following the close of the fourth 20 allocation period. 21 22 Relief Options under Administrative Relief: 23 The remedies available to an application for Administrative Relief pursuant to Section 9.5-122.2(f)(6) 24 include issuance of one (1) ROGO allocation awarded, just compensation by purchase of the property, or 25 such other relief as may be necessary or appropriate. 26 27 The subject property does not contain sensitive environmental features or any significant habitat for 28 endangered or threatened species. It therefore does not meet the criteria established under the existing 29 Policy 101.6.6 and Policy 102.4.2, or the proposed Policy 101.6.5 of the Year 2010 Comprehensive Plan 30 for the purchase of property under Administrative Relief. This parcel is separated from high quality 31 hammock by a paved road, and has low quality hammock. This parcel will require a Habitat Evaluation 32 Index prior to construction, and clearing on the parcel will be limited to 40%. 33 34 The applicant has requested administrative relief in the form of a granting of one (1) ROGO allocation 35 and has not expressed a desire to sell the property to the County as provided for under Policy 101.6.1 of 36 the Year 2010 Comprehensive Plan. 37 38 IV. RECOMMENDATIONS 39 40 It is recommended that the Board of County Commissioners find that the applicant has met the criteria 41 and qualifies for Administrative Relief. It is further recommended that a Resolution be prepared that 42 establishes this relief awarding one (1) ROGO allocation in the next quarterly ROGO allocation period 43 which closes July 13, 2007, or next available allocation period. 44 Page 2 of 3 Reviewed by cfc5�3 W:IGROWTH MANAGEMENDNon Geographic ProjectslROGMAdm Relief12007 May BOCCE o1eman033003931Ho1ernan840 Staff Report.doc 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 To: Through: From: Date: RE: MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to be caring, professional and fair Board of County Commissioners Aref Joulani Senior Director of Planning & Environmental Resources Julianne Thomas, Planner David DaSilva, Biologist April 20, 2007 Administrative Relief forRobert Holemun, RE# 00469850,000000 I. BACKGROUND 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 (4) 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 allocation period. Date Entered ROGO: April 10, 2003 Date Entered Administrative Relief: May 5, 2006 ROGO Score: 22 Planning: 14 (+10) Infill (+) Lot Aggregation • (+4) Perseverance Building: 7 (+1) Flood Zone X (+4) Water/Energy Conservation, • (+2) Structural Integrity Environmental: 1 • (+1) Group 1 II. CURRENT CONDITIONS Page I of 3 Reviewed by o�Cc53 W:IGROWTH MANAGI MENT1Non Geographic ProjectslR0G01Adm Reliefl2007 May BOCClHoleman 033003941Holeman850 Staff Report.doc 1 2 Location: Lot 3, Block 18 Largo Sound Park RE# 00469850,000000 3 4 Owner: Robert Holeman 5 6 Applicant/Agent: Paul Turick 7 8 Land Use District: Improved Subdivision — Masonry (IS) FLUM: Residential Medium (RM) 9 Proposed Tier: III 10 11 2006 Taxable Value: $12,525.00 Purchase Price in 2002: $21,500.00 12 13 111. LEGAL ELIGIBILITY AND OPTIONS 14 15 Eligibility for Administrative Relief Options: 16 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 17 2010 Comprehensive Plan provides a mechanism whereby an application which has not received an 18 allocation award in ROGO may apply to the Board of County Commissioners for Administrative Relief. 19 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 20 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 21 annual allocation periods and having submitted their application for Administrative Relief no earlier than 22 the third annual allocation period and no later than ninety (90) days following the close of the- fourth 23 allocation period. 24 25 Relief Options under Administrative Relief: 26 The remedies available to an application for Administrative Relief pursuant to Section 9.5-122.2(f)(6) 27 include issuance of one (1) ROGO allocation awarded, just compensation by purchase of the property, or 28 such other relief as may be necessary or appropriate. 29 30 The subject property does not contain sensitive environmental features or any significant habitat for 31 endangered or threatened species. It therefore does not meet the criteria established under the existing 32 Policy 101.6.6 and Policy 102.4.2, or the proposed Policy 101.6.5 of the Year 2010 Comprehensive Plan 33 for the purchase of property under Administrative Relief. This parcel is separated from high quality 34 hammock by a paved road, and has low quality hammock. This parcel will require a Habitat Evaluation 35 Index prior to construction, and clearing on the parcel will be limited to 40%. 36 37 The applicant has requested administrative relief in the form of a granting of one (1) ROGO allocation 38 and has not expressed a desire to sell the property to the County as provided for under Policy 101.6.1 of 39 the Year 2010 Comprehensive Plan. 40 41 IV. RECOMMENDATIONS 42 43 It is recommended that the Board of County Commissioners find that the applicant has met the criteria 44 and qualifies for Administrative Relief. It is further recommended that a Resolution be prepared that 45 establishes this relief awarding one (1) ROGO allocation in the next quarterly ROGO allocation period 46 which closes July 13, 2007, or next available allocation period. 47 Page 2 of 3 Reviewed by oVeC58 W:IGROWTH MANAGEMENTINon Geographic PrgjectslROGOIAdm Relief12007 May BOCC1Holeman 033003941Holeman850 Staff Report.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to be caring, professional and fair To: Board of County Commissioners Through: Aref joulani Senior Director of Planning & Environmental Resources From: Julianne Thomas, Planner David DaSilva, Biologist Date: April 20, 2007 RE: Administrative Relief forRobert Holeman RE# 00469860.000000 1. BACKGROUND 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 (4) 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 allocation period. Date Entered ROGO: April 10, 2003 Date Entered Administrative Relief: May 5, 2006 ROGO Score: 22 Planning: 14 (+10) infill • (+) Lot Aggregation (+4) perseverance Building: 7 • (+l) Flood Zone X • (+4) Water/Energy Conservation, • (+2) Structural Integrity Environmental: 1 • (+1) Group 1 29 11. CURRENT CONDITIONS Page I of 3 Reviewed by oC W:IGROWTH MANAGEMENPNon Geographic ProjectstROGMAdm Reliefl2007 May BOCC\Holeman 033003961Holeman86©Staff Report.doc 2 Location: Lot 4, Block 18, Largo Sound Park,RE# 00469860.000000 3 4 Owner: Robert Holeman 5 6 Applicant/Agent: Paul Turick 7 8 Land Use District: Improved Subdivision -Masonry (IS - M) FLUM: Residential Medium (RM) 9 Proposed Tier: III 10 11 2006 Taxable Value: $12,525.00 Purchase Price in 2002: $21,500.00 12 13 111. LEGAL ELIGIBILITY AND OPTIONS 14 15 Eligibility for Administrative Relief Options: 16 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 17 2010 Comprehensive Plan provides a mechanism whereby an application which has not received an 18 allocation award in ROGO may apply to the Board of County Commissioners for Administrative Relief. 19 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 20 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 21 annual allocation periods and raving submitted their application for Administrative Relief no earlier than 22 the third annual allocation period and no later than ninety (90) days following the close of the fourth 23 allocation period. 24 25 Relief Options under Administrative Relief: 26 The remedies available to an application for Administrative Relief pursuant to Section 9.5-122.2(f)(6) 27 include issuance of one (1) ROGO allocation awarded, just compensation by purchase of the property, or 28 such other relief as may be necessary or appropriate. 29 30 The subject property does not contain sensitive environmental features or any significant habitat for 31 endangered or threatened species. It therefore does not meet the criteria established under the existing 32 Policy 101.6.6 and Policy 102.4.2, or the proposed Policy 101.6.5 of the Year 2010 Comprehensive Plan 33 for the purchase of property under Administrative Relief. This parcel is separated from high quality 34 hammock by a paved road, and has low quality hammock. This parcel will require a Habitat Evaluation 35 Index prior to construction, and clearing on the parcel will be limited to 40%. 36 37 The applicant has requested administrative relief in the form of a granting of one (1) ROGO allocation 38 and has not expressed a desire to sell the property to the County as provided for under Policy 101.6.1 of 39 the Year 2010 Comprehensive Plan. 40 41 IV. RECOMMENDATIONS 42 43 It is recommended that the Board of County Commissioners find that the applicant has met the criteria 44 and qualifies for Administrative Relief. It is further recommended that a Resolution be prepared that 45 establishes this relief awarding one (1) ROGO allocation in the next quarterly ROGO allocation period 46 which closes July 13, 2007, or next available allocation period. 47 Page 2 of 3 Reviewed by c66�3 W:lGROWTH MANAGEMENT1Non Geographic ProjectslROGO1Adm Reliei12007 May BOCC\Holeman 033003961Holeman860Staff Report.doc MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to be caring, professional and fair To: Board of County Commissioners Through: Aref jouiani Senior Director of Planning & Environmental Resources From: Julianne Thomas, Planner David DaSilva, Biologist Date: May 4, 2007 RE: Administrative Relief forRobert Holenwn RE# 00469830-000000 1 2 T. BACKGROUND 3 4 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 5 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 6 annual allocation periods and having submitted their application for Administrative Relief no earlier than 7 the third annual allocation period and no later than ninety (90) days following the close of the fourth 8 allocation period. 9 10 Date Entered ROGO: April 10, 2003 11 12 Date Entered Administrative Relief: May S, 2006 13 14 ROGO Score: 22 15 Planning. 14 16 . (+10) infill 17 . (+) Lot Aggregation 18 • (+4) perseverance 19 Building: 7 20 (+1) Flood Zone X 21 + (+4) Water/Energy Conservation, 22 (+2) Structural integrity 23 Environmental. 1 24 (+1) Group 1 ■�� 25�" 26 11. CURRENT CONDITIONS n 27 28 Location; Lot 1, Block 18, Largo Sound Park RE4 00469830.000000 29 30 Owner: Robert Holeanan Page I of 2 Reviewed by cs� W:iGROWTH MANAGEMENT1Non Geographic ProjectslROGOtAdm Relief\2007 May BOCClSpecial AppslHoleman 03300390\Holeman830 StaffReport.doc 2 Applicant/Agent: Paul Turick 4 Land Use District: Improved Subdivision - Masonry (IS-M) PLUM: Residential Medium (RM) 5 Proposed Tier: III 7 2006 Taxable Value: $12,525.00 Purchase Price in 2002: $1.00 8 9 111. LEGAL ELIGIBILITY AND OPTIONS 10 11 Eligibility for Administrative Relief Options: 12 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 13 2010 Comprehensive Plan provides a mechanism whereby an application which has not received an 14 allocation award in ROGO may apply to the Board of County Commissioners for Administrative Relief, 15 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 16 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 17 annual allocation periods and having submitted their application for Administrative Relief no earlier than 18 the third annual allocation period and no later than ninety (90) days following the close of the fourth 19 allocation period. 20 21 Relief Options under Administrative Relief: 22 The remedies available to an application. for Administrative Relief pursuant to Section 9.5-122.2(( b) 23 include issuance of one (1) ROGO allocation awarded, just compensation by purchase of the property, or 24 such other relief as may be necessary or appropriate. 25 26 The subject property does contain sensitive environmental features or significant habitat for endangered 27 or threatened species. It therefore does meet the criteria established under the existing Policy 101.6.6 28 and Policy 102.4.2, or the proposed Policy 101.6.5 of the Year 2010 Comprehensive Plan for the 29 purchase of property under Administrative Relief. This parcel is separated from high quality hammock 30 by a paved road, and has moderate duality hammock. If an allocation is approved, this parcel will 31 require a Habitat Evaluation index prior to construction, and a Grant of Conservation Easement covering 32 40% of the parcel shall be recorded prior to the issuance of a building permit. 33 34 The applicant has requested administrative relief in the form of a granting of one (1) ROGO allocation 35 and has not expressed a desire to sell the property to the County as provided for under Policy 101.6.1 of 36 the Year 2010 Comprehensive Plan. 37 38 IV. RECOMMENDATIONS 39 40 It is recommended that the Board of County Commissioners find that the applicant has met the criteria 41 and qualifies for Administrative Relief and a Resolution be prepared for purchase of the subject property 42 by Monroe County hand Authority. 43 Page 2 of 2 Reviewed by gve(58 W:IGROWTH MANAGEMENT�Non Geographic ProjectslROGO1Adm Relief12007 May BOCC1Special AppslHoleman 033003900Holeman830 Staff Report.doc 12. The Applicant has been in the ROGO system for three of the last four annual allocation periods and therefore qualifies for administrative relief. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: 1. Robert Holeman has met the requirements to receive administrative relief for Lot 1, Block 1 &, Largo Sound Park RE# 00469830.000000. 2. In accordance with Policy 101.6,5, 101.6.6 and BOCC Resolution 223-2004, the appropriate form of administrative relief for this application is an offer to purchase. The issuance of a ROGO allocation would be inconsistent with the Monroe county year 2010 Comprehensive Plan and BOCC Resolution 223-2004. 3. The Monroe County Land Authority is requested to have the subject property appraised and subsequently make an offer to purchase. 4. In the event Applicant declines the above referenced offer, Applicant will retain the right to remain in the ROGO system and continue competing for an allocation. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of , 2007. Mayor Mario Di Gennaro Mayor Pro Tem, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA WA (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK Mayor Mario Di Gennaro MONRUE COUNTY ATTORNEY AFAR EZ) AS FC1RM7- AI)1. N1STpATIVE RELIEF RESOLUTION Page 2 of 2 HOLEm AN, LOT 1, BLOCK 18, RE# 0064830.000000 ADMINISTRATIVE RELIEF IN THE FORD OF ONE (1) DWELLING UNIT ALLOCATION AWARD BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date:May 21. 20 77_ _ Division: Growth Mana ement Bulk Item: Yes _ No X Department: Plannin and Env. Resources Staff Contact Person: Julianne Thomas AGENDA ITEM WORDING: A public hearing to consider arequest for Administrative Relief for Robert Holean on Lot 1, Block 18, Largo Sound Park RE 4 ITEM BACKGROUND: A building permit was applied for on January 30, 2003 and a ROGO application was applied for on April 10, 2003. The applicant applied for administrative relief on May 5, 2006 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. Staff recommends that administrative relief be approved in the form of purchase by the Land Authority. Please note that the applicant does not have to accept this relief and may stay in the ROGO system to receive an allocation. If the BOCC should determine that administrative relief should be granted in the form on an allocation, a resolution has been provided which provides an allocation and requires a Habitat Evaluation Index along with a Grant of Conservation Easement for a portion of the Lot. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval in the form of purchase by the Land Authority. TOTAL COST: N/A BUDGETED: Yes N/A No _ COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes — No AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management N/A— DOCUMENTATION: included X Not Required DISPOSITION: AGENDA ITEM # RESOLUTION NO. —2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY ROBERT HOLEMAN ON PROPERTY DESCRIBED AS LOT 1, BLOCK 18, LARGO SOUND PARK RE# 00469830.000000 IN THE FORM OF PURCHASE OF THE PROPERTY BY THE MONROE COUNTY LAND AUTHORITY. WHEREAS, Robert Holeman submitted an application for administrative relief under § 9.5- 122(f) 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. Robert Holeman's application for administrative relief is for Lot 1, Block 18, Largo Sound Park in Monroe County, Florida having RE4 00469830.000000. 2. The date of the ROGO application is 4/10/2003, 3, The ROGO allocation application has been in the ROGO 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. MCC § 9.5-122.2(f) 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 § 9.5-122.2(f)(6) 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 5/5/2006, under § 9.5-122.2(f) of the Monroe County Code (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. 8. The subject property has the land use district designation of Improved Subdivision (IS), is located in the Largo Sound Park Subdivision and is environmentally sensitive. 9. Board of County Commissioners Resolution #223-2004 directs staff to identify small parcels with indigenous hammock or pinelands that are ineligible for purchase by the State with Florida Forever funds, limit the issuance of permits for clearing on said parcels, and recommends said parcel for purchase by the Monroe County Land Authority. 10, The subject property is in an area of indigenous moderate quality hammock and is designated as Tier 3 in the proposed Tier system. 11, The property does qualify under criteria established by Resolution i#223-2004 for purchase by the Monroe County Land Authority of small parcels with indigenous hammock and pinelands. ADMIMSTRATWE RELIEF RESOLUTION Page 1 of 2 HOLI mAN, LoT 1, BLOCK 18, RD 00469830.000000 RESOLUTION NO. 2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY ROBERT HOLEMAN ON PROPERTY DESCRIBED AS LOT 1, BLOCK 18, LARGO SOUND PARK RE# 00469830.000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Robert Holeman submitted an application for administrative relief under Sec. 9.5-122(f) 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: I. Robert Holeman's application for administrative relief is for Lot 1, Block 18, Largo Sound Park in Monroe County, Florida having RE# 00469830.000000. 2. The date of the ROGO application is April 10,2003. 3. The ROGO allocation application has been in the ROGO 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. MCC Section 9.5-122.2(f) 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 9.5-122.2(f)(6) 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 May 5, 2006, under Section 95-122.2(f) of the Monroe County Code (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. 8. The subject property has the land use district designation of Improved Subdivision - Masonry (IS-M), is located in the Lot 1, Block 18, Largo Sound Park and is not environmentally sensitive. 9. Board of County Commissioners Resolution #223-2004 directs staff to identify small parcels with indigenous hammock or pinelands. 10. The subject property is in an area of indigenous moderate quality hammock. 11. The property does qualify under criteria established by Resolution 9223-2004 for purchase by the Monroe County Land Authority of small parcels with indigenous hammock and pinelands. ADANisTRATp& RELIEF RESOLUMN Prgt 1 of 2 HOLEMAN, I.or 1, BLOCK 18, LARGO SouND PARK RE# 00469830.00D000 12. This parcel is separated from high quality hammock by a paved road, and has moderate quality hammock. This parcel will require a Habitat Evaluation Index prior to construction, and a Grant of Conservation Easement covering 40% of the parcel shall be recorded prior to the issuance of a building permit. 13. The Applicant has been in the ROGO system for three of the last four annual allocation periods and therefore qualifies for administrative relief. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to Robert Holeman, for Lot 1, Block 18, Largo Sound Park in the form of a dwelling unit allocation award, subject to the following conditions: I . 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 9.5-122.2(f) of the Monroe County Code. 2, This parcel will require a Habitat Evaluation Index prior to construction, and a Grant of Conservation Basement covering 40% of the parcel shall be recorded prior to the issuance of a building permit. 3. The allocation award shall be taken out of the next quarterly allocation which occurs on July 13, 2007 or next available allocation. period. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 21 st day of May, 2007. Mayor Mario Di Gennaro Mayor Pro Tern, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA P.M (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK Mayor Mario Di Gennaro DEPUTY CLERK PMONRO OUNTY ATTORNEY Api R 0 O iORM ADmINISTRATTVE RELIEF RF.SOLUMN Page 2 of 2 HoLEMAN, LOT [, BLOCS 18, LARGO SOLD0 PARK RE# 00459VD.000000 w 0 APMACATIONFOR %6w ADWNISTRATI'V-E RELIEF AA=W.Id kept--- APP6CAM Appbc*el- MUl=9 ow=' i now (ir awkmg owme$.ddrt": -A-vx;. yy by - olla 0= Yo-'Wlf we repm=t Y—) reprewmawm Of Ehk AWKSU Tba Kmr=m �hdd pt%d- -L (..met ZAM) sua"Lle (mc�v YT to MWtWrA MY pMrCrC) fur tb4 xpphcsdw for Adninatrbb-C Ral R5# Do 6 C5 - Leg : dampum (moch mAt" and binds dcanxkm it Amcmary)'-i-L-a-t Dv z ROGO *WficW-i(W— Whit Wad of ad--mnmm km Tw suiting, ------------------- 4CrrARY: Appfi-ofl me SrxTE OF FLORMA ODV,m The fbegomg siglWum was ,J=�kApd ,fe rm %M* f-.1-41 Of BY as id"d I "M. -Ay, %W ;�G?:RGE CGU#ITY z:rZ,* �rE.. w t' qe cf _ AtISCELLAiiiS S FBCHIPT RECEIPT # 55533 RECEIPT DATE 05/05f2006 REC81±rE1J RY : bolzb REC`D. FROM ROBERT HGLEMAN IMF 'c)6.1 UDF 136.2 NOTES pRIgT MACE 05/05/2006 PRINT TIME 1°7:11:58 CpBRATop hclzh 4ogY � a. CASH bRAWSR: 3 FEE 1.D A. G*�3bii' TH*S RCPT BALANCE ZGNING-032 3040.00 g3340.CC To ALE: �304(i.0+ 3040.•£0 �0.00 HETHOD OF PAYMENT AMOUNT 1'TJ.N-SF'R ------`-------"�- CREr"K__V-------_~------------ 550 FIRST STATE SANK TAL R%CEiPT _ 3040.00 Room HoLvaot FL c�Tfat4 40.Oq�itai� _ 6- r--j MONROE COUNTY AFFIDAVIT FOR ROGO AGENCY I hereby authorize: Paul Ty rick & Joyce KnaeMn be listed as (Name of Agenq s)) Authorized agents for - Robert Hoieman- for the (Name of Owner) purpose of aPpl}iftg and signing for the ROGO adrnini-siraxive feliefawicadon for my ProrwAy. This authorization t-w-cornes effective on the date this affidavit is notarized and shall remain in effect until terminated by the undersigned. This authorization acts as a durable power of attorney only for the put -poses stated. The undersigned understands the liabilities involved in the granting of this agency and accepts full responsibility (thug holding Monroe County hwrn)e_ss) for any and all of the actions of the agent(s) named, related to the acquisition Of permits for the aforementioned property owner. Authori7ed Signature NOTARY: STATE OF COUNTY OF I hL, (mrgaing insirum=i was me kno-w-t-edgc, KtfoWw this- day of (I We (Ckmrwrty Name) My umnfnission expire Sigmilum of Notmy Public Personally Km��n ar flnxfuced ldenliftcati4)n :ax I ype L'f 1&mifim ion Pnduo,,d Em Pr,,,,,tr,y lmfomatwn fur 1577014 pa;v I u, 2 ONLY E DATA CENTER It IOW RECORDS SEARCH f*OPf,RTY NI-tWMATION FOR: Al%!rn-qtv Key: 15?7014 RE Number 006(J93C,000WO J-21L--d!—It4�& 4J Y I ARGO KEV 1 Ak% ii fEti T x L. I I 1 ',0 I'AAK FHA4.eY '45T A IJRTI3,EK' �'VZT:0417,11- Sl'ftWVFW) 61 .14 Mrl.t.+cv GROUP EswratoTimxes K. COW V. AN 1 X 1.tiWl N I IAI LAPd Btl2its--- LA%� tAT t OOF. 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Commissioner Charles "Sonny" McCoy RESOLUTION NO 23 -2004 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DIRECTING MONROE COUNTY'S GROWTH MANAGEMENT DIVISION TO MONITOR, LIMIT ISSUANCE OF PERMITS FOR LAND CLEARING IN THE BEST INTEREST AND PROTECTION OF THE PUBLIC GOOD AND IDENTIFY TO THE LAND AUTHORITY FOR RECOMMENDED PURCHASE ALL SMALL PARCELS OF CNA AREAS THROUGHOUT MONROE COUNTY NOT COVERED BY "FLORIDA FOREVER" FUNDS. WHEREAS, it is the desire of its citizens to preserve as much of the indigenous hanumcks and pine stands as possible, and WHEREAS, the large tracts of hammock area will be preserved for purchase by funds from "Florida Forever", and WHEREAS, there is a threshold below which these funds may not be available; and WHEREAS, there is a stream of funds that could be available for the purchase of small parcels, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, THAT: Monroe County's Growth Management Division is hereby directed to: Closely monitor those small parcels in the CNA areas to prevent un-permitted clearing. Limit the issuance of permits for land clearing so that the best interests of the public good, including the encouragement of building affordable housing, are protected. 3. Identify these small parcels, not covered by the "Florida Forever Funds" to the Land Authority for recommended purchase. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County this oth day of Tune, 2004. Mayor Murray Nelson s o m r=- Mayor Pro Tem David P_ Rice_�es �., � ' '=1 Commissioner Charles "Sonny" McCoy_yes c N Commissioner George Neugent yes - � Commissioner Dixie Speh -y,e-s > (SEAL) BOARD OF COUNTY COMMISSIONERS OF C-n Attest: Danny L. large, Clerk MONROE C , FLORIDA-�' B By: Dep Clerk l4IQNROE COUNTY ATTORNEY MAYOR APP OVA�ORM:r....._..... i3 JOHN R. COLLINS COUNTY ATTORNEY txatie.., ©J 1 %tie t, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to be caring, professional and fair To: Board of County Commissioners Through: AM joulani Senior Director of Planning & Environmental Resources From: Julianne Thomas, Planner David DaSiiva, Biologist Date: May 4, 2007 RE: Administrative Relief forRobert Holeman, RE# 00469840-000000 1. BACKGROUND 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 (4) 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 allocation period. Date Entered ROGO: April 10, 2003 Bate Entered Administrative Relief: May S, 2006 ROGO Score: 22 Planning.- 14 (+10) Will (+) Lot Aggregation • (+4) Perseverance Building: 7 • (+1) Flood Zone X • (+4) WaterlEnergy Conservation, • (+2) Structural Integrity Environmental' I • (+1) Group I Page I of 2 Reviewed by cfc+3 W:,GROWTH MANAGEMENPNon Geographic Projectsa0G01Adm Relief\2007 May BOCC1SSpecial AppslHoleman03300393114oleman84O Staff Report.doc 1 11. CUPRENT CONDITIONS 3 Location: Lot 2, Block 18, Largo Sound Park, RE# 00469840.000000 4 5 Owner: Robert Holeman 6 7 Applicant/Agent: Paul Turick 9 Land Use District: Improved Subdivision - Masonry (IS-M) FLUM: Residential Medium (RM) 10 Proposed Tier: 1H 11 12 2006 Taxable Value: $12,525.00 Purchase Price in 2002: $47,000.00 13 14 111. LEGAL ELIGIBILITY AND OPTIONS 15 16 Eligibility for Administrative Relief Options: 17 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 18 2010 Comprehensive Plan provides a mechanism whereby an application which has not received an 19 allocation award in ROGO may apply to the Board of County Commissioners for Administrative Relief. 20 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 21 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 22 annual allocation periods and having submitted their application for Administrative Relief no earlier than 23 the third annual allocation period and no later than ninety (90) days following the close of the fourth 24 allocation period. 25 26 Relief Options under Administrative Relief: 27 The remedies available to an application for Administrative Relief pursuant to Section 9.5-122.2(f)(6) 28 include issuance of one (1) ROGO allocation awarded, just compensation by purchase of the property, or 29 such other relief as may be necessary or appropriate. 30 31 The subject property does contain sensitive environmental features or significant habitat for endangered 32 or threatened species. It therefore does meet the criteria established under the existing Policy 101.6.6 33 and Policy 102.4.2, or the proposed Policy 101.6.5 of the Year 2010 Comprehensive Plan for the 34 purchase of property under Administrative Relief. This parcel is separated from high quality hammock 35 by a paved road., and has moderate quality hammock. If an allocation is approved for this parcel, the 36 parcel will require a Habitat Evaluation Index prior to construction, and prior to issuance of any building 37 permit, a Grant of Conservation Easement covering 40% of the parcel shall be recorded. 38 39 The applicant has requested administrative relief in the form of a granting of one (1) ROGO allocation 40 and has not expressed a desire to sell the property to the County as provided for under Policy 101.6.1 of 41 the Year 2010 Comprehensive Plan. 42 43 1V. RECOMMENDATIONS 44 45 It is recommended that the Board of County Commissioners find that the applicant has met the criteria 46 and qualifies for Administrative Relief and a Resolution be prepared for purchase of the subject property 47 by Monroe County Land Authority. 48 Page 2 of 2 Reviewed by c0653 W:\GROWTH MANAGEMENT,,Non Geographic ProjectslROGOIAdm Reliet12007 May BOCOSpecial AppslHo1eman03300393\Ho1eman840 StaffReport_doe 11, The property does qualify under criteria established by Resolution 9223-2004 for purchase by the Monroe County Land Authority of small parcels with indigenous hammock and pinelands. 12. The Applicant has been in the ROGO system for three of the last four annual allocation periods and therefore qualifies for administrative relief. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Robert Holeman has met the requirements to receive administrative relief for Lot 2, Block 18, Largo Sound Park, RE# 00469840.000000. 2. In accordance with Policy 101.6.5, 101.6.6 and BOCC Resolution 223-2004, the appropriate form of administrative relief for this application is an offer to purchase. The issuance of a ROGO allocation would be inconsistent with the Monroe county year 2010 Comprehensive Plan and BOCC Resolution 223- 2004. The Monroe County Land Authority is requested to have the subject property appraised and subsequently make an offer to purchase. 4. In the event Applicant declines the above referenced offer, Applicant will retain the right to remain in the ROGO system and continue competing for an allocation. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of , 2007. Mayor Mario Di Gennaro Mayor Pro Tem, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia I Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK ADMLVISTRATIVE BELIEF RrsowTION FOR PURCHASE Hmi,EMAN, LOT 2, BLOCK IS, RE# 00469M.000000 Mayor Mario Di Gennaro MONRO COUNTY ti AN Y APP EO MFORM Dale;le,7a Page 2 of 2 . `aeiuoVy �utz��(hj &.�C"R�astiatd t�az;dsz�oa�`zat{ta xa sbrir o. atlb€z sp2ox `staoiacI sauepicnagJ.b U01,4eivasedez lebal E.aou sT uca2au poixWluoa elep atU'Atuo IVIAoxE) f4-0 --oyt all; Aq asn zoj s# deux SrLu -s—s enb irrx vY.Y6PY'13 k:5el n:u: C1URIf3t lfi AiNno BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 21 2007 Division: Growth Management Bulk Item: Yes No X Department: Planning and Env. Resources Staff Contact Person: Julianne Thomas AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for Robert Holeman on Lot 2, Block 18, Largo Sound Park, RE# 00469840.000000. ITEM BACKGROUND: A building permit was applied for on January 30, 2003 and a ROGO application was applied for on April 10, 2003. The applicant applied for administrative relief on May 5, 2006 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. Staff recommends that administrative relief be approved in the farm of purchase by the Land Authority. Please note that the applicant does not have to accept this relief and may stay in the ROGO system to receive an allocation. If the BOCC should determine that administrative relief should be granted in the form of an allocation, a resolution has been provided which provides an allocation and requires a Habitat Evaluation Index along with a Grant of Conservation Easement for a portion of the Lot. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval in the form of purchase by the Land Authority, TOTAL COST: N/A COST TO COUNTY: N/A BUDGETED: Yes N/A No SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes— No— AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management _NIA DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # ADMINISTRATIVE RELIEF IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD RESOLUTION NO. —2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATWE RELIEF MADE BY ROBERT HOLEMAN ON PROPERTY DESCRIBED AS LOT 2, BLOCK 18, LARGO SOUND PARK, RE# 00469840.000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Robert Holeman submitted an application for administrative relief under Sec. 9.5-122(f) 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. Robert Holeman's application for administrative relief is for Lot 2, Block 18, Largo Sound Park, in Monroe County, Florida having RE## 00469840.000000, 2. The date of the ROGO application is April 10, 2003, 3. The ROGO allocation application has been in the ROGO 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. MCC Section 9.5-122.2(f) 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. S. 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 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 May 5,2006, under Section 9.5-122.2(f) of the Monroe County Code (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. 8. The subject property has the land use district designation of Improved Subdivision - Masonry (IS-M), is located in the Largo Sound Park Subdivision and is not environmentally sensitive. 9. Board of County Commissioners Resolution #223-2004 directs staff to identify small parcels with indigenous hammock or pinelands. 10. The subject property is in an area of indigenous moderate quality hammock. l 1. 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. 12. This parcel is separated from high quality hammock by a paved road, and has low quality hammock. This parcel will require a Habitat Evaluation Index ADMmsT]t? nvf REuEf RESOUMON Page I of 2 ROSEkT HOLEWAN, LOT 2, BLOCK 18, LARco SouND PARK, RE4 00469840,000000 prior to construction, and a Grant of Conservation Easement covering 40% of the parcel shall be recorded prior to the issuance of a building permit. 13, The Applicant has been in the ROGO system for three of the last four annual allocation periods and therefore qualifies for administrative relief, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to Robert Holeman, for Lot 2, Block 18, Largo Sound Park, in the form of a dwelling unit 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 of the Monroe County Year 2010 Comprehensive Plan and as required by Section 9.5-122.2(f) of the Monroe County Code. 2. This parcel will require a Habitat Evaluation Index prior to construction, and a Grant of Conservation Easement covering 40% of the parcel shall be recorded prior to the issuance of a building permit. 3. The allocation award shall be taken out of the next quarterly allocation which occurs on July 13, 2007 or next available allocation period. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 21st day of May, 2007. Mayor Mario Di Gennaro Mayor Pro Tem, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK li . 811n Mayor Mario Di Gennaro Mt3NA: G.:'JN! Y 41 TL?RN Y APP D 4 111RMa Data: CLERK ADmrNrsTRArrvE RELIEF REsor. voN Page 2 of 2 RoBERT HoLEmAN, 1.oT 2, BLMK 18, LARW So€ Nj) ?AM RE# 0"69844.o WOO V! m APPIACATION FOR ADIMINIMATINS RELMF .A4VIX*w is; OWE= Applietv-is Name: C— Apph—el Owares rsea�e (if xppLkAug is go O&MMI, -' OwAr S Id.: repe&ew&4m a this applictfion by Somme wIff Lhu Svt 11- J.Jd ft-W: 'I. (V-nW'g name) WhOd- (—L-ich=W &M alldKWiZibg ZD MPreseaL Y�) to Rqwewm my prp� f., this aMhcgiw fx RB---� �61qb dwipdo (aaa hr mews and bow 6 dc*=iption if M"490-Y)! Pernm Date vfmwxttcxm POGO applicatiam— .6akHrioral NOTARY: STATE OF FLORMA A;Vlkxas sil� COUNTY Or-4 The famgolg gnom =kGowledpd before imdw y rrf r7 L-town to rm or Signaimeo(NoWy Public. Stawofflonda of I MISCELUNEGU5 RECEIPT RECEIPT k : 35533 P.EOPIP?' DATE : OS/:3512005 RRZF E V r, 3Y bol zb REC,J. FROM : ROBERT HOLERAN 4 1u'o.i i3Lr� IC6,2 NOTES FRY -IT LATE 05:05/2006 PR I."Ta TIME 10 _11 : 5 8 OP£RTPAR bO_2b COPY # I FEE Ir M0CP.ii THIS RCPT S1aSANTE ZC141NG-032 334a.CIO 3040 .00 a C.O� TrsRs -3C43,00 �304C 00 ,..0v Mfi' WX) OP PA MDA mums N DER ----------------- CHECK -1--- ---'-` 3040.00 ------------------ 550 F'IR..T SAATZ SANK TA.:, RsCEIP:' : 3040.00 300 nwm 40�Amo Date Vol� . _. DAM � i:067dW43RO. 08064.4A I I So 0 sgwn m MONROE COUNTY AF'FTDAVIT FOR ROGO AGENCY 1 hereby authorize: Paul Turicir & Jrevet Knaenen be listed as (Name of Agents)) Authorised agents for: RobertHoleman _ --- -----_ for the (Name of Owner) purpose of applying Kuhl aipaing tow the KOGO administrative rtficf application for my p-per(p. This authorization becomes effective on the dace this affidavit is notarized and shall remain in effect until terminated by the undersigned. This authorization acts as a durable power of attorney only for the purposes stated. The undersigned understands the liabilities involved in the granting of this agency and accepts full responsibility (thus holding Monroe County harmless) for any and all of the actions of the agents) named, related to the acquisition of permits for the aforementioned property owner - Authorized Signature NOTARY: STATE co- Cal: F Fhe f< niag irmMmene was ackrsowfedge 6eFare me this ATUAt'� dsy of by . fps. _._ (Name of t'crscns) for _.__.... ('rit(e of 3uttx>ri�ed Signature) (Company N&mc) My ccmRmksim eapirrs _------_—__ _ _------- Sivvm= of Nvmry Public ilemonAlh, Kjwwn or Pnxtucpl tdent4kaFian ��: L_._ � 7 - : ✓ - 3 Tt "� Type of ]dcntifcMi. t rndfux d Im Pq 1'-opert} nforriation lbi 1�77322 pavc I tyl, 2 ONLINE DATA CFN�rER RE(,<)RDsSFARcH NOPERTVINFOWMATIO's FOR: etitematcKcy:1577,022 RE T.btT: (Y)46Q94(J-0000W A$k OWNER OF RECORD PgiWf,RiY M tr R 31 "1 k 1 10 041 q I "P"', UW# 401 i NIVIK'Al. I (WAY101 UGAL DESCRIPTAg. 460630 40 "IS fAI.F (;R4X-P Pf Coot Map ")'IZC None L,n tom' Com LAID A RxA Pnnpe-j} fcIr I i?7C2? Page 2 1> 2 rf'arcel Value HistDry T,.� IWL i � I IR L.SD Jm EXL4Wrl,.%Or V-Ntftk F. ii .w lu I'm� <; Sk 1(l Psrcel Saks Hisibm N 0 1 f 1 9 Rf., mm t x I It r K - 4 11 R m I t 91 $ 1 (RVI Nil IN F n. H I 111 f XU -4 T If I DA 11 C4 I i Mr S k I t. f I W 1; 11.11 -kirm t PFIIF"kl 1;;Ir CAR O"if * Y1,411 T"VWXt'N' 11. 4J1*7klAt PY.(YJVA)S N41.E if M f-WE N'st Rt me."t HOOKIPAGE Vi,:w'['ax Colloctor Reimal ThLs Page has twen visiwd 2,309 times. m Commissioner Cues "Sonny" McCoy RESOLUTION NO?23 -2004 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DIRECTING MONROE COUNTY'S GROWTH MANAGEMENT DIVISION TO MONITOR, LIMIT ISSUANCE OF PERMITS FOR LAND CLEARING IN THE BEST INTEREST AND PROTECTION OF THE PUBLIC GOOD AND IDENTIFY TO THE LAND AUTHORITY FOR RECOMMENDED PURCHASE ALL SMALL PARCELS OF CNA AREAS THROUGHOUT MONROE COUNTY NOT COVERED BY "FLORIDA FOREVER" FUNDS. WHEREAS, it is the desire of its citizens to preserve as much of the indigenous hammocks and pine stands as possible, and WHEREAS, the large tracts of hammock area will be preserved for purchase by funds from "Florida Forever", and "WHEREAS, there is a threshold below which these funds may not be available; and WHEREAS, there is a stream of funds that could be available for the purchase of small parcels, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, THAT: Monroe County's Growth Management Division is hereby directed to: Closely monitor those small parcels in the CNA areas to prevent un-permitted clearing. 2. Limit the issuance of permits for land clearing so that the best interests of the public good, including the encouragement of building affordable housing, are protected. Identify these small parcels, not covered by the "Florida Forever Funds" to the band Authority for recommended purchase. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County this Uth day of June, 2004, 3 Mayor Murray Nelsons ;'rry Mayor Pro Tern David P. Rice. yes rn . Commissioner Charles "Sonny„ McCoys CZ) `--'3 tv G Commissioner George Neugent yeses,,- ,Q � Commissioner Dixie Spehar— D 340 (SEAL) BOARD OF COUNTY COMMISSIONERS OF CA Attest: Danny L. KoDlhage, Clerk MONROEA;j FLORIDA B By: Dep Clerk MONROE COUNTY ATTORNEY MAYOR AP�P�QV�FQRM: JOHN R. COLUNS a J COUNTY Y ATTORNEY Date ON RESOLUTION NO. --2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY ROBERT HOLEMAN ON PROPERTY DESCRIBED AS LOT 2, BLOCK 18, LARGO SOUND PARK HAVING RE# 00469940.000000 IN THE FORM OF PURCHASE OF THE PROPERTY BY THE MONROE COUNTY LAND AUTHORITY. ''WHEREAS, Robert Holeman submitted an application for administrative relief under § 9.5-122(f) of the Monroe County Land Development Regulations; and VaMREAS, the Monroe County Board of County Commissioners makes the following findings of fact and conclusions of law: Robert Holeman's application for administrative relief is for Lot 2, Block 18, Largo Sound Parr, in Monroe County, Florida having RE# 00469840.000000. 2. The date of the ROGO application is 4/10/2003. 3. The ROGO allocation application has been in the ROGO 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. MCC § 9.5-122.2(f) 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 § 9.5-122.2(f)(6) 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 5/5/2006, under § 9.5- 122.2(f) of the Monroe County Code (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. 8. The subject property has the land use district designation of Improved Subdivision (IS), is located in the Largo Sound Park Subdivision and is environmentally sensitive. 9. Board of County Commissioners Resolution #223-2004 directs staff to identify small parcels with indigenous hammock or pinelands that are ineligible for purchase by. the State with Florida Forever funds, limit the issuance of permits for clearing on said parcels, and recommends said parcel for purchase by the Monroe County Land Authority. 10, The subject property is in an area of indigenous moderate quality hammock and is designated as Tier 3 in the proposed Tier system. ADmfNisnATFVB RELmF RMLUTioN FOR P€3RmAsE Page 1 of 2 HmFmAN, LOT 2, BLOCK 19, RE# 00469840,000000 MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to be caring, professional and fair To: Board of County Commissioners Through: Aref Joulani Senior Director of Planning & Environmental Resources From: Julianne Thomas, Planner David DaSilva, Biologist Date: May 4, 2007 RE: Administrative Relief forRobert Holeinan, RE# 00469850.000000 1 I. BACKGROUND 3 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 4 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 5 annual allocation periods and having submitted their application for Administrative Relief no earlier than 6 the third annual allocation period and no later than ninety (90) days following the close of the fourth 7 allocation. period. 8 9 Date Entered ROGO: April 10, 2003 10 11 Date Entered Administrative Relief: May a, 2006 12 13 ROGO Score: 22 14 15 Planning. 14 16 . (+1 p) Infill 17 . (+) Lot Aggregation 18 . (+4) Perseverance 19 .Building: 7 20 + (+1) Flood Zone X 21 • (+4) Water/Energy Conservation, 22 • (+2) Structural integrity 23 Environmental: 1 24 • (+l) Group 1 26 27 28 29 Page 1 of 2 Reviewed by �C W:IGROWTH MANAGEMENT,Non Geographic Projectsa0G01Adm Reliefl2007 May B000Special App, +Holeman 03300394\Holeman850 Staff Reportpurchase.doc 1 II. CURRENT CONDITIONS 2 3 Location: Lot 3, Block 18 Largo Sound Park RE# 00469850.000000 4 5 Owner; Robert Holeman 6 7 Applicant/Agent: Paul Turick 8 9 Land Use District: Improved Subdivision — Masonry (IS) FLUM: Residential Medium (RM) 10 Proposed Tier: III 11 12 2006 Taxable Value: $12,525.00 Purchase Price in 2002: $21,500.00 13 14 III. LEGAL ELIGIBILITY AND OPTIONS 15 16 Eligibility for Administrative Relief Options: 17 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 18 2010 Comprehensive Plan provides a mechanism whereby an application which has not received an 19 allocation award in ROGO may apply to the Board of County Commissioners for Administrative Relief. 20 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 21 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 22 annual allocation periods and having submitted their application for Administrative Relief no earlier than 23 the third annual allocation period and no later than ninety (90) days following the close of the fourth 24 allocation period. 25 26 Relief Options under Administrative Relief: 27 The remedies available to an application for Administrative Relief pursuant to Section 9.5-122.2(f)(6) 28 include issuance of one (1) ROGO allocation awarded, just compensation by purchase of the property, or 29 such other relief as may be necessary or appropriate. 30 31 The subject property does contain sensitive environmental features or significant habitat for endangered 32 or threatened species. It therefore does meet the criteria established under the existing Policy 101.6.6 33 and Policy 102.4.2, or the proposed Policy 101.6.5 of the Year 2010 Comprehensive Plan for the 34 purchase of property under Administrative Relief. This parcel is separated from high quality hammock 35 by a paved road, and has moderate quality hammock. 36 37 The applicant has requested administrative relief in the form of a granting of one (1) ROGO allocation 38 and has not expressed a desire to sell the property to the County as provided for under Policy 101.6.1 of 39 the Year 2010 Comprehensive Plan. 40 41 IV. RECOMMENDATIONS 42 43 It is recommended that the Board of County Comrnissioners find that the applicant has met the criteria 44 and qualifies for Administrative Relief and a Resolution be prepared for purchase of the subject property 45 by Monroe County Land Authority. Page 2 of 2 Reviewed by C1)ocuments and Settings`.thornas-juliann6My Documents\AdminRelief Staff Report ALLOCATION.doc 12. This parcel is separated from high quality hammock by a paved road, and has moderate quality hammock. if an allocation is approved, this parcel will require a Habitat Evaluation Index prior to construction, and a Grant of Conservation Easement Preserving 40% of the Parcel shall be recorded prior to the issuance of a building permit. 13. The Applicant has been in the ROGO system for three of the last four annual allocation periods and therefore qualifies for administrative relief. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMNSSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to Robert Holeman, for Lot 3, Block 18 Largo Sound Park in the form of a dwelling unit 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 of the Monroe County Year 2010 Comprehensive Plan and as required by Section 9.5-122.2(f) of the Monroe County Code. 2. This parcel will require a Habitat Evaluation index prior to construction, and a Grant of Conservation Easement covering 40% of the parcel shall be recorded prior to the issuance of a building permit. 3. The allocation award shall be taken out of the next quarterly allocation which occurs on July 13, 2007 or next available allocation period. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 21 " day of May, 2007, Mayor Mario Di Gennaro Mayor Pro Tem, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Mario Di Gennaro (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK � oAPpo�S fORM ADmIa,€ smATwE RELmF RESOL€JTioN Page 2 of 2 HmEmAN, LOT 3, t:3LoeK 18 LARoo 8oLND PARK RE# 00469850.000000 ADMINISTRATIVE RELIEF IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION 'IVA RESOLUTION NO. 2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY ROBERT HOLEMAN ON PROPERTY DESCRIBED AS LOT 3, BLOCK 18 LARGO SOUND PARK HAVING RE# 00469850.000000 IN THE FORM OF PURCHASE OF THE PROPERTY BY THE MONROE COUNTY LAND AUTHORITY. WHEREAS, Robert Holeman submitted an application for administrative relief under § 9.5-122(f) 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. Robert Holeman's application for administrative relief is for Lot 3, Block 18 Largo Sound Park in Monroe County, Florida having RE# 00469850.000000. 2. The date of the ROGO application is 4/10/2003. 3. The ROGO allocation application has been in the ROGO system for at least four (4) consecutive years and qualities for administrative relief under Policy 101.6.1 of the Monroe County Year 2010 Comprehensive Plan. 4. MCC § 9.5-122.2(f) 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 §9.5-122.2(f)(6) 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 515/2006, under §9.5-122.2(f) of the Monroe County Code (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. 9. The subject property has the land use district designation of Improved Subdivision (IS), is located in the Largo Sound Park Subdivision and is environmentally sensitive. 9. Board of Country Commissioners Resolution #223-2004 directs staff to identify small parcels with indigenous hammock or pinelands that are ineligible for purchase by the State with Florida Forever funds, limit the issuance of permits for clearing on said parcels, and recommends said parcel for purchase by the Monroe County Land Authority. I0. The subject property is in an area of indigenous moderate quality hammock and is designated as Tier 3 in the proposed Tier system.. ADmw15TRATVa RELIEF RESOLUTION FOR PURCHASE Page 1 of 2 HOLEMAN, LOT 3, BLOCK 19 REE# 60469850.000W0 11. The property does qualify under criteria established by Resolution #223-2004 for purchase by the Monroe County Land Authority of small parcels with indigenous hammock and pinelands. 12. The Applicant has been in the ROGO system for three of the last four annual allocation periods and therefore qualifies for administrative relief. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: 1. Robert Holeman has met the requirements to receive administrative relief for Lot 3, Block 18 Largo Sound Park having RE# 00469850.000000. In accordance with Policy 101.6.5, 101.6.6 and BOCC Resolution 223-2004, the appropriate form of administrative relief for this application is an offer to purchase. The issuance of a ROGO allocation would be inconsistent with the Monroe county year 2010 Comprehensive Plan and BOCC Resolution 223- 2004. The Monroe County Land Authority is requested to have the subject property appraised and subsequently make an offer to purchase. 4. In the event Applicant declines the above referenced offer, Applicant will retain the right to remain in the ROGO system and continue competing for an allocation. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of 2007. Mayor Mario Di Gennaro Mayor Pro Tern, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 10 (SEAL) Mayor Maria Di Gennaro RNROE COUNTY ATTORNEY ATTEST: DANNY L. KOLHAGE, CLERK APPROVEDAS TO FOR* Dale: — cr DEPUTY CLERK ADMrNBTRATIvB RELIEF RFsOLunoN FOR PURCHASE Page 2 uC 2 HmEMAN, LoT 3, Bwm 19 RE# 0040850.000000 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: _ _ May 21, 2007 Division: Growth Management Bulk Item: Yes No X Department: Planning and Env. Resources Staff Contact Person: Julianne Thomas AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for Robert Holeman on Lot 3, Block 18 Largo Sound Park RE# 00469850.000000. ITEM BACKGROUND: A building permit was applied for on January 30, 2003 and a ROGO application was applied for on April 10, 2003. The applicant applied for administrative relief on May 5, 2006 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. Staff recommends that administrative relief be approved in the form of purchase by the Land Authority. Please note that the applicant does not have to accept this relief and may stay in the ROGO system to receive an allocation. If the BOCC should determine that administrative relief should be granted in the farm of an allocation, a resolution has been provided which provides an allocation and requires a Habitat Evaluation. Index along with a Grant of Conservation Easement for a portion of the Lot. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval in the form of purchase by the Land Authority. TOTAL COST: N/A COST TO COUNTY: N/A BUDGETED: Yes N/A No SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management N/A DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # pm omARTUBW UILY kw A"LJCAT14MNFOR %�4 �:v ADMMSTRATWE RELEEF 4Ppjitmm i4, -- O*mw APP6wntc�s liana;' - -!2,T-.- A;v,�t., muung adkkmc ga L-reS�h�1f 3� Qwnev's noun (if A"Ikaw a UA owna; - Admw. 3so. a�!! N2 �f—'r kA]94Q (Pkase a>och . =..m 4wbxw" tqnmnmtm of Otis 4*kab— by — -b- a- Y—It Th. ttamnw= Jwwk remi- 'I. (OVAUes: Dararcl *== = auffi*Azmg in fqwesag you) to raprexm wy pcopwty fcx O�m appbcwioa kw REI- 00 Y6C- L=jp. 4eseripum faawh owim Lad b&Lo,% dm=Pwm if 1-Al2&e> -So L>Qlt� 'FlAW Dice ofm:,s, mmat RCGO qVficom VA*c " of Rdmins=vive i*W m yw IcWn NCrTAP Y: STATE OF FLCWMA AM4c*nts IWUVZI( CDV.4T'Y OP Tee t�!V—g Sigmftc= was xctaowkdged befum rr,- this —t;4n of iF pomaxllv kMCm-M Eo Mt tr PTO J, Maas &gna= of NOMY NbliC, SUIc Of FlOddA MONROE COUNTY AFFIDAVIT FOR ROGO AGENCY t hereby authorize: Paul Turick & Jovice )Grieves be fisted as (Name of Agent(s)) - Authorized agents for - Hobert Holeman _ _- for the (Name of Owner) Purpose of applying arrd signing for the ROGO sdrainimadve relief vplication for my P-PeTty- This unhorization becomes effective on the date this affidavit is notarized and shall remain in effect until terminated by the undersigned. This authorization acts as a durable power of attorney only for the purposes stated. The undersigned understands the liabilities involved in the granting, of this agency and accepts full responsibility (thus holding Morin County harmless) for any and all of the actions of the agents) named, related to the acquisition of pernuts for the aforementioned property owner_ f Auth�gnature NOTARY: STATE OF COUNTY OF J r14/ Tics fc t grrirrg inmrumew was aeimowtrdge 6rfort me this day of by (Name of Person) (Tack of AuthcxUD4 Siprumne) (Compaay Name) My cormission cxpirov __._ Sit== of Notmv Public Pcrso.[W K,ro n, or Produced Idmuf3caSon _ (. ( rF ¢ { • �{E 3 t �J Type of ldrarraficatSon Produced rly cv :,.ril 3a 1 c€ 1 R-CEIPT 4 65533 RECR1PT DAT3 05/05/2CC6 MONROE COUNTY ***LIVE'** MISCELLANEOUS ;ZECEIP- RECEIt,--) BY : bolzb REC'D. FROM ROBERT P_OIEMAN DF 105.1 VDF 106.1 NOTES FEE ID Ai40i7N S �t)NIt7G- 032 304 0 .OA p3040-00 METHOD Cr PAYMENT AMOUNT - ---------------------------- ChECR 3040.00 IAL RECEIPT I. gym«=304e¢GO m PRINT DA_fl 05/05/2fiD6 Pitlt3T T"ME 10:11:58 OPERATCR bolzb COPY # 1 CA-H DWk-dER; 3 THIS RCPT BALANCE -- ---3040.0Q0.00 a3040sCC Q�r�0.00 t7.'MBER ------------------ 550 FIRST STATE BANK s:E36 �FlClt �x.36 8C#6 i3 i t 5l* as SO Pf,',Nrr1nfo=36<,n 1ti,r f j770,1 A2 W F :5" ON-LINE DATA CENTER Al, Ri.,coRns SEmic PR45PERTI PWO"IATION FDR; Altvc Key: 1577011 P.F Numher 0G464S50-00(xy.W) pig% C-I lx"aTM% M Y -kkW Ur 'M " 1 1 1 -RK N 0 1.) St abt\ LsJUN. I � V�RK li I AMI Mlt,L,dA'. 1"'am f Rl I'll I IA' [AID U�-F ( tho -SIM r tlOIARF-4 no lk et 1. 4,'2007 I'lr "S 7 7031 past! � If, Fax Rm. v EAst Mi ri rw\c, UcK kfll1; aaCrs Fr Ins., 0 Parcef sit" lbstor, Nf;ip -Ojkrqtl f ktn Rj f'lrjf Ft! Mr) 11) R.Et, "f,,Ik,WUfNp tkow"4Z D'If ,I 't t, F, PlirkSt LI, r w F Ffmi "t rrWx r�- IT, f t R.4 Tc r3FixUL RECVRM Boo* MAGC )l%TRLMFS-r This page has been vicicd 2,3U9 timc, M 0! 1, 4,22 00 1 Commissioner Chades " A=y " McCoy RESOLUTION NW 23 -2004 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DIRECTING MONROE COUNTY'S GROWTH MANAGEMENT DIVISION TO MONITOR, LIMIT ISSUANCE OF PERMITS FOR LAND CLEARING IN THE BEST INTEREST AND PROTECTION OF THE PUBLIC GOOD AND IDENTIFY TO THE LAND AUTHORITY FOR RECOMMENDED PURCHASE ALL SMALL PARCELS OF CNA AREAS THROUGHOUT MONROE COUNTY NOT COVERED BY "FLORIDA FOREVER" FUNDS. WHEREAS, it is the desire of its citizens to preserve as much of the indigenous hammocks and pine stands as possible, and WHEREAS, the large tracts of hammock area will be preserved for purchase by funds from "Mori da Forever", and WHEREAS, there is a threshold below which these funds may not be available; and WHEREAS, there is a stream of funds that could be available for the purchase of small parcels, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, THAT: Monroe County's Growth Management Division is hereby directed to: Closely monitor those small parcels in the CNA areas to prevent un-permitted clearing. 2. Limit the issuance of permits for land clearing so that the best interests of the public good, including the encouragement of building affordable housing, are protected. 3. Identify these small parcels, not coverers by the "Florida Forever Funds" to the Land Authority for recommended purchase. PASSED AND ADOPTER by the Board of County Commissioners of Monroe County this ifith day of June, 2004. Mayor Murray Nelsonyaas X O Zo ' C �^- rn Mayor Pro Tern David P. Rice_ n ? -yes Commissioner Charles "Sonny" mcCoy_yes c N G Commissioner George Neugent yes Commissioner ., f Dixie Spehar —rn _Yes (SEAL) BOARD OF COUNTY COMMISSIONERS OF Attest: Danny L. lhrge, Clerk MONROE C , FLORIDA E B; By: Clerk MONROE GOtlNTY RT�ORNEY MAYOR APP OV�I`flRM: q �� J©HN R. Cr%1 I WO COUNTY i�atQ. _ LLB 4 I 1 ATTORNEY , _ RESOLUTION NO. —2007 A RESOI..UTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY ROBERT HOLEMAN ON PROPERTY DESCRIBED AS LOT 3, BLOCK 18 LARGO SOUND PARK, RE# 00469850.000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Robert Holeman submitted an application for administrative relief under See. 9.5-122(f) of the Monroe County Land Development Regulations; and "EREAS, the Monroe County Board of County Commissioners makes the following findings of fact and conclusions of law: Robert Holeman's application for administrative relief is for Lot 3, Block 18 Largo Sound Park in Monroe County, Florida having RE# 00469850.000000. 2. The date of the ROGO application is April 10, 2003. 3. The ROGO allocation application has been in the ROGO 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. MCC Section 9.5-122.2(f) 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 9.5-122.2(f)(6) 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 May 5, 2006, under Section 9.5-122.2(f) of the Monroe County Code (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. 8. The subject property has the land use district designation of Improved Subdivision - Masonry (IS-M), is located in the Lot 3, Block 18 Largo Sound Park and is not environmentally sensitive. 9. Board of County Commissioners Resolution #223-2004 directs staff to identify small parcels with indigenous hammock or pinelands. 10. The subject property is not in an area of indigenous hammock or pinelands. 11. 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. 12. The Applicant has been in the ROGO system for three of the last four annual allocation periods and therefore qualifies for administrative relief. ADW,,'IS RATIVE RELIEF RESOLUTION Page 1 of 2 HOLEMAy, Lor 3. B€.oc'K 18 LARGO SOUND PARK RE# ON69850.000000 Protected NTY joONRQE A AOL, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to he caring, professional rind fair To: Board of County Connrnissioners Through: Aref Joulani Senior Director of Planning & Environmental Resources From: Julianne Thomas, Planner David DaSilva, Biologist Date: May 4, 2007 RE: Administrative Relief forRobert Holetnan RE# 00469860.000000 I. BACKGROUND 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 (4) 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 allocation period, Date Entered ROGO: April 10, 2003 Date Entered Administrative Relief: May 5, 2006 ROGO Scare: 22 Planning: 14 (+10) infill + (+) Lot Aggregation + (+4) perseverance Building: 7 + (+1) Flood Zone X + (+4) WaterTnergy Conservation, + (+2) Structural Integrity Environmental: I + (+1) Group I Page i of 3 Reviewed by ctt63 W:iGROWTH MANAGEMENTlNon Geographic ProjectsaOG0'Adm Relicf,,2007 May BOCC;Special Apps',Holeman 03300346,Holeman860Staff Reportpurchase.doc 1 11. CURRENT CONDITIONS 2 3 Location: Lot 4, Block 18, Largo Sound Park,RE# 00469860,000000 4 5 Owner: Robert Holeman 6 7 Applicant/Agent: Paul Turick 8 9 Land Use District: Improved Subdivision -Masonry (IS - M) FLUM: Residential Medium (RM) 10 Proposed Tier: Ill 11 12 2006 Taxable Value: S 12,525.00 Purcbase Price in 2002: $21,500.00 13 14 III. LEGAL ELIGIBILITY AND OPTIONS 15 16 Eligibility for Administrative Relief Options: 17 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 18 2010 Comprehensive Plan provides a mechanism whereby an application which has not received an 19 allocation award in ROGO may apply to the Board of County Commissioners for Administrative Relief. 20 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 21 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 22 annual allocation periods and having submitted their application for Administrative Relief no earlier than 23 the third annual allocation period and no later than ninety (90) days following the close of the fourth 24 allocation period. 25 26 Relief Options under Administrative Relief: 27 The remedies available to an application for Administrative Relief pursuant to Section 9.5-122.2(f)(6) 28 include issuance of one (1) ROGO allocation awarded, just compensation by purchase of the property, or 29 such other relief as may be necessary or appropriate. 30 31 The subject property does contain sensitive environmental features or significant habitat for endangered 32 or threatened species. It therefore does meet the criteria established under the existing Policy 101.6.6 33 and Policy 102.4.2, or the proposed Policy 101.6.5 of the Year 2010 Comprehensive Plan for the 34 purchase of property under Administrative Relief. This parcel is separated from high quality hammock by 35 a paved road, and has moderate quality hammock. 36 37 The applicant has requested administrative relief in the form of a granting of one (1) ROGO allocation 38 and has not expressed a desire to sell the property to the County as provided for under Policy 10I.6.1 of 39 the Year 2010 Comprehensive Plan. 40 41 IV. RECOMMENDATIONS 42 43 It is recommended that the Board of County Commissioners find that the applicant has met the criteria 44 and qualifies for Administrative Relief and that a Resolution be prepared for purchase of the subject 45 property by Monroe County Land Authority. 46 47 Page 2 of 3 Reviewed by W:',GROWTH MANAGEMENT Non Geographic ProjectslROGOIAdtn Relieft2007 May BOCC,Special AppsiHoleman 033003961Haletmn8605taff Reportpurchase.doc 6UN-TY ORMONRO .IOrwfss; k-f ADMINISTRATIVE RELIEF IN THE FORM OF PURCHASE OF THE PROPERTY BY THE MONROE COUNTY LAND AUTHORITY RESOLUTION NO. 2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY ROBERT HOLEMAN ON PROPERTY DESCRIBED AS LOT 4, BLOCK 18, LARGO SOUND PARK,RE# 00469860.000000 IN THE FORM OF PURCHASE OF THE PROPERTY BY THE MONROE COUNTY LAND AUTHORITY. WHEREAS, Robert Holeman submitted an application for administrative relief under §. 9.5-122(f) 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. Robert Holeman's application for administrative relief is for Lot 4, Block 18, Largo Sound Park, in Monroe County, Florida having RE# 00469860,000000. 2. The date of the ROGO application is 4/10/2003. 3. The ROGO allocation application has been in the ROGO 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. MCC § 9.5-122.2(f) 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 § 9.5-122.2(f)(6) 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 5/5/2006, under § 9.5- 122.2(f) of the Monroe County Code (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. 8. The subject property has the land use district designation of Improved Subdivision (IS), is located in the Largo Sound Park Subdivision and is environmentally sensitive. 9, Board of County Commissioners Resolution #223-2004 directs staff to identify small parcels with indigenous hammock or pinelands that are ineligible for purchase by the State with Florida Forever funds, limit the issuance of permits for clearing on said parcels, and recommends said parcel for purchase by the Monroe County Land Authority. 10, The subject property is in an area of indigenous moderate quality hammock and is designated as Tier 3 in the proposed Tier system. ADMAriSTRATWE RELIEF REsoL moh Page 1 of 2 HOLEMAN, LOT 4, $LOCK 18,RE4 OW9860.000WO 11. The property sloes qualify under criteria established by Resolution #223-2004 for purchase by the Monroe County Land Authority of small parcels with indigenous hammock and pinelands. 12. The Applicant has been in the ROGO system for three of the Iast four annual allocation periods and therefore qualifies for administrative relief. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Robert Holeman has met the requirements to receive administrative relief for Lot 4, Block 18, Largo Sound Park,RE# 00469860.000000. 2. In accordance with Policy 101.6.5, 101.6.6 and BOCC Resolution 223-2004, the appropriate form of administrative relief for this application is an offer to purchase. The issuance of a ROGO allocation would be inconsistent with the Monroe county year 2010 Comprehensive Plan and BOCC Resolution 223- 2004. 3. The Monroe County Land Authority is requested to have the subject property appraised and subsequently make an offer to purchase. 4. In the event Applicant declines the above referenced offer, Applicant will retain the right to remain in the ROGO systems and continue competing for an allocation. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of 2007. Mayor Mario Di Genaro Mayor Pro Tern, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) Mayor Mario Di Gennara ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK A€?M NISTRATVE RELIEF kEsownoN HOLEMA.N, LOT 4, BLOCK 18,RE# 00469860,WOD00 Maur n rrr� o"ar��r , APP{�p �p S Ff3R� Page 2 of 2 ADMINISTRATIVE RELIEF IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD RESOLUTION NO. 2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY ROBERT HOLEMAN ON PROPERTY DESCRIBED AS LOT 4, BLOCK 18, LARGO SOUND PAWRE# 00469860.000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Robert Holernan submitted an application for administrative relief under Sec. 9.5-122(f) 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. Robert Holeman's application for administrative relief is for Lot 4, Block 18, Largo Sound Park in Monroe County, Florida having RE# 00469860,000000, 2. The date of the ROGO application is April 10,2003. 3. The ROGO allocation application has been in the ROGO 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. MCC Section 9.5-122.2(f) 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 9.5-122.2(f)(6) 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 May 5, 2006, under Section 9,5-122.2(f) of the Monroe County Code (MCC) and Policy 101.6.1 of the 2010 Comprehensive Plan. 7. Policy 101 A5 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. 8. The subject property has the land use district designation of Improved Subdivision - Masonry (IS-M), is located in the Lot 4, Block 18, Largo Sound Park and is environmentally sensitive. 9. Board of County Commissioners Resolution #223-2004 directs staff to identify small parcels with indigenous hammock or pinelands. 10. The subject property is not in an area of indigenous hammock or pinelands. 11. The property does qualify under criteria established by Resolution #223-2004 for purchase by the Monroe County Land Authority of small parcels with indigenous hammock and pinelands. 12. This parcel is separated from high quality hammock by a paved road, and has low quality hammock. This parcel will require a Habitat Evaluation Index AUmiNisr2nTwE REtaF RESOLUTfON Page 1 of 2 R46$R? fICiI.FMRN, for 9, BLaCXC 18, LAP SOUND PARK RE# OW9860.(00W prior to construction, and a Grant of Conservation Easement Preserving 40% of the Parcel shall be recorded prior to the issuance of a building permit. 13. The Applicant has been in the ROGO system for three of the last four annual allocation periods and therefore qualifies for administrative relief, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to Robert Holeman, for Lot 4, Block 18, Largo Sound Park in the form of a dwelling unit allocation award, subject to the following conditions: I. 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 9.5-122.2(f) of the Monroe County Code. 2. This parcel will require a Habitat Evaluation Index prior to construction, and a Grant of Conservation Easement Preserving 40% of the Parcel shall be recorded prior to the issuance of a building permit. 3. The allocation award shall be taken out of the next quarterly allocation which occurs on July 13, 2007 or next available allocation period. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 21" day of May, 2007. Mayor Mario Di Gennaro Mayor Pro Tern, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 1yj (SEAL) Mayor Mario Di Gennaro ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK MONRDE COUNTY AWQRNEY t IVPPR Q AS ID,W ADD-;NisTRATrvE RELmF REsoLu noN Page 2 or 2 ROBERT HOLEMAN, LoT 4, BLOcK 18, LARoo SouND PARK,RE# 00469860.000000 APPLICATION FOR ADNOWLSTRATIVE RELIEF Applis is: AudxmRCPLesemaUVC Aqphc4n(&majUmgxddm" 2-12 Dwvct's Mime fir app&-au is aaawrgr): -Rr>V--A-1 -T .'Please amuh I llllllexet --Lbwizmg zqxr*m"Ca of Phis appkica6m by BGMOOM Cd— Lh= YOU— nIf- = RNA==' Ibmw lead 't (DWWYK name) I w6wizing to re-Presew you) io remftm ray propery for this Vpkxion far=l="t.7 Leo description fxuwh artts ud bQwWs 4cr--mpjjop if D= of rust rexal RnGO Vplication: Whtt kindof admia=wiw m4jel are you seeldrg, r-�I.dUI IT Additiona NOTA3M STATE OF FLCWM4 COUN" The foregoing signamm waz btfaae.rnc this -; �; -day of Yl -,114 1-, "Z1 Who ts POTSOnally Lot-% to me or prodweij VV Z- t UVI Sipal= of Notary Public, ftft of Flonda MONROE COUNTY AFFIDAVIT FOR ROGO AGENCY f here -by authorize Paul Turick & .levee Kamen be listed as (Flame of Ageat(s)) Authorized agents for: Robert Holeman for the Game of OAmer) Purpose cif applying sud signing for aw ROGO administrutire reficf applicatiun for my PmPerty- This authorization becomes effective on the date this affidavit is notarized and shall remain in effect until terminated by the undersigned. This and wizatim acts as a durable power of attorney only far tic purposes stated_ The undersigned understands the liabilities involved in the granting of this agency and accepts full responsibility (thus }soloing Monroe County harmless) for any and all of the actions of the agent($) named, related to the acquisition of permits for the aforementioned property owner. r Au Signature NOTARY STATE OF OZ�rc_ coui, Ti' C1F f. t t j the fotegnrng iaaatrmertt ryes scicrcnv3edet betb�re ma this by (Flame of Person) for (Title of AiR}.d.d signal=) (Cumpmy NUM) My Cib=13''W" expires Segnarure of Nvtar}• Public --- Pcruxixlly Known _ ar Prnduud ldertificatinn �'r r �i i?pe of IdentifeCbtion PrCKWC i RECE PT vATE CS:`31, 2i3�5 �^.BRIi'?' _H'w _:_::1__•e'~ nR tK i:G COPY ft RECE:._, BY 4EC'D. FROM hal« R3STR7 :ASH DRA-rrER: 3 jD ib- UDr i' 6G 2 . I .,-----A Ay..C��}IT 7riSS R=YPT f3A7J,NCE 20 SY;-u3� 3�43.LC 3040 C-C, -- .OS ME'rliOD Oi PAYMZNT A.40LT.%l ti f2FR ` vCe{ -. K __3w4D.C'C 350 FIRST SATE aA,,Tft r �1 R_CSIF^ G�3C4}jC•C �1,rCC'�. Lam TAA3 SOU 370iF�IWf6 e�.&16�is1-i�t i�l f,eaaa to ndw � S c CzAmn Aay wme _ EtFI& ?CfQC1L 3$r; CiBL��is. } 3 � 1 �� f3 5 SL] PIN In P7("PertY lflf=tatwn !Ot ;577£r-#8 Pmpen, Drt-�16 Ow'% I x f4 R ym= :9A wa'l K I 31i I I I IRD RF,Al) ppt V I IO'l PH11" It L(X Al R).N KI � L.UtO) SIJ, 1!) PAKK MO-1 olk; 40 iST %[M L,11, USE Cwx Map 1470 Nvnc r srna;i r Ejcdicjm r. !.arsv. L"U'LRIA 1* 1 P4.,2(07 Page of ------------ U DM, Lkr- LN F'�fpnl t.�N "�j M*Roh c4Ems 11 'S� NCLE InNI. 1 low M3 FP2rCeISaks Hisron Si IT. D., rp OV'Ht VLL PJ'7qj1'5 115IRI 'IVvt 'A L� View Tax-Callc�cor Record ,,is page Us bcn vkiled -JQ9 I'm", m htip:-';"-,vwjncpajj 1,14,2(07 Commissioner Chmies -Sonny- McCoy RESOLUTION N0�23 -2004 A RESOLUTION OF THE BOARD OF COUNTY COMNIISSIONERS OF MONROE COUNTY, FLORIDA, DIRECTING MONROE COUNTY'S GROWTH MANAGEMENT DIVISION TO MONITOR, LIMIT ISSUANCE OF PERMITS FOR LAND CLEARING IN THE BEST INTEREST AND PROTECTION OF THE PUBLIC GOOD AND IDENTIFY TO THE LAND AUTHORITY FOR RECOMMENDED PURCHASE ALL SMALL PARCELS OF CNA AREAS THROUGHOUT MONROE COUNTY NOT COVERED BY "FLORIDA FOREVER" FUNDS. WHEREAS, it is the desire of its citizens to preserve as much of the indigenous ham ock$ and Pine stands as possible, and "WHEREAS, the large tracts of hammock area will be preserved for purchase by funds from "Florida Forever", and WHEREAS, there is a threshold below which these funds may not be available; and WHEREAS, there is a stream of funds that could be available for the purchase of small parcels, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, THAT: Monroe County's Growth Management Division is hereby directed to.. Closely monitor those small parcels in the CNA areas to prevent un-permitted clearing. Limit the issuance of permits for land clearing so that the best interests of the public good, including the encouragemem of building affordable housing, are protected. 3. Identify these small parcels, not covered by the "Florida forever Funds" to the Land Authority for 1ecommended purchase. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County this,.Wth day of .tune, 2004. Mayor Murray Nelsons� rr, Mayor Pro Tern David P. Rice_ye- �. Commissioner Charles "Sonny" McCoy_res Coftnissioner George Neugent yes ? c M Commissioner Dixie Spehar. yam, � o � (SEAL) BOARD OF COUNTY COMMISSIONERS OF can B : Attest: Danny L. lhage, Clerk MONROE C , FLORIDA By: E pep Clerk MONROE COUNTY ATTORNEY MAYOR RPP�f O�V AS TO FORM: J©HN R. COLL 110 ATTORNEY COUNTY, 9rTos .�... BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: August 15, 2007 Division: Growth Management Bulk Item: Yes _ No X Department: Planning and Env. Resources Staff Contact Person:Tiffany Stanklewicz/Ralph Gouldy AGENDA ITEM WORDING: A public hearing to reconsider a request for Administrative Relief for Robert Holeman on Lot 3, Block 18, Largo Sound Park, Key Largo RE# 00469850.000000. ITEM BACKGROUND: A building permit was applied for on January 30, 2003 and a ROGO application was applied for on April 10, 2003. The applicant applied for administrative relief on May 5, 2006 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. Staff recommends that administrative relief be approved in the form of purchase by the Land Authority. Please note that the applicant does not have to accept this relief and may stay in the ROGO system to receive an allocation. PREVIOUS RELEVANT BOCC ACTION: The Board of County Commissioners considered the Administrative Relief request May 21, 2007. The Board adopted Resolution 202-2007 approving the Administrative Relief request in the form of purchase of the property by the Monroe County Land Authority. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval in the form of purchase by the Land Authority. TOTAL COST: N/A COST TO COUNTY: N/A BUDGETED: Yes N/A No SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes _ No _ AMOUNT PER MONTH Year APPROVED BY: County Atty X OMWPurchasing N/A Risk Management _N/A DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # RESOLUTION NO. —2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY ROBERT HOLEMAN ON PROPERTY DESCRIBED AS LOT 3, BLOCK 18, LARGO SOUND PARK, KEY LARGO RE# 00469850.000000 IN THE FORM OF PURCHASE OF THE PROPERTY BY THE MONROE COUNTY LAND AUTHORITY. WHEREAS, Robert Holeman submitted an application for administrative relief under Sec. 9.5-122(f) of the Monroe County Land Development Regulations; and WHEREAS, this matter was heard at the May 21, 2007 Special meeting of the Board of County Commissioners at which meeting the Board adopted resolution 202-2007 recommending purchase of the property as administrative relief; and WHEREAS, the applicant has requested a rehearing of this application; and WHEREAS, the applicant was given an opportunity to be heard; and WHEREAS, the Monroe County Board of County Commissioners makes the following findings of fact and conclusions of law: 1. Robert Holeman's application for administrative relief is for Lot 3, Block 18, Largo Sound Park, in Monroe County, Florida having RE# 00469850.000000. 2. The date of the ROGO application is 4/10/2003. 3. The ROGO allocation application has been in the ROGO 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. MCC Sec. 9.5-122.2(f) 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 Sec. 9.5-122.2(f)(6) 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 5/5/2006, under Sec. 9.5- 122.2(f) of the Monroe County Code (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. 8. The subject property has the land use district designation of Improved Subdivision (IS-M), is located in the Largo Sound Park Subdivision and is environmentally sensitive. ADMINISTRATIVE RELIEF RESOLUTION Page I Of 2 HOLEMAN, LOT 3, BLOCK 18,RE# 00469850A00000 9. Board of County Commissioners Resolution #223-2004 directs staff to identify small parcels with indigenous hammock or pine stands and limit the issuance of permits for clearing on said parcels. This parcel is within the Florida Forever boundaries and is deemed appropriate for acquisition. 10. The subject property consists of solid canopy of native hardwood hammock trees and is designated as Tier 3-A (Special Protection Area) in the proposed Tier system. 11. The property qualifies under criteria established by Resolution #223-2004 for purchase by the Monroe County Land Authority on behalf of Monroe County when granting administrative relief. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: 1. Robert Holeman has met the requirements to receive administrative relief for Lot 3, Block 18, Largo Sound Park, Key Largo RE# 00469850.000000. In accordance with Policy 101.6.5, 101.6.6 and BOCC Resolution 223-2004, the appropriate form of administrative relief for this application is an offer to purchase. The issuance of a ROGO allocation would be inconsistent with the Monroe county year 2010 Comprehensive Plan and BOCC Resolution 223- 2004. The Monroe County Land Authority is requested to have the subject property appraised and subsequently make an offer to purchase. 4. In the event Applicant declines the above referenced offer, Applicant will retain the right to remain in the ROGO system and continue competing for an allocation. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of , 2007. (SEAL) Mayor Mario Di Gennaro Mayor Pro Tem, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA LOW ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK ADMINISTRATIVE RELIEF RESOLUTION HOLEMAN, LOT 3, BLOCK 18,RE# 00469850.000000 Mayor Mario Di Gennaro MONP E COUNTY ATTORNEY P OVE6 AS TO a RM Date: Page 2 of 2 MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: Board of County Commissioners Through: Aref Joulani Senior Director of Planning & Environmental Resources From: Tiffany Stankiewicz, Sr. Planning Tech. Ralph Gouldy, Sr. Administrator Environmental Resources Date: July 27, 2007 RE: Reconsideration of Administrative Relief for Robert Holeman, RE# 00469850.000000 1 I. BACKGROUND 2 3 This hearing is being held upon the advice of the County Attorney to provide all due process to the 4 applicant. The Board of County Commissioners (BOCC) considered Mr. Holeman's application for 5 Administrative Relief on May 21, 2007. The BOCC adopted Resolution 202-2007 approving the 6 Administrative Relief Request in the form of purchase of the property by the Monroe County Land 7 Authority. The application is being brought forward for reconsideration based on a letter dated June 4, 8 2007 from James S. Lupino, Esquire indicating applicant had received a draft report recommending a 9 ROGO allocation award and that the applicant was not provided proper notice. The notice of the change 10 of meeting date from May 17, 2007 to May 21, 2007 was mailed on May 14, 2007 to Mr. Holeman's II agent. 12 13 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 14 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 15 annual allocation periods and having submitted the application for Administrative Relief no earlier than 16 the third annual allocation period and no later than ninety (90) days following the close of the fourth 17 allocation period. 18 19 Date Entered ROGO: April 10, 2003 20 21 Date Entered Administrative Relief: May 5, 2006 22 23 ROGO Score: 22 24 25 Planning: 14 26 • (+10) infill 27 • O Lot Aggregation Pagel of 3 Reviewed by� W:AGROWTH MANAGEMENT'ANon Geographic Projects�ROGO'Adm Relief,2007 Aug BOCC`,Tech and Bio Complete ready for final review`Noleman reheard from May 2007 BOCC',Holeman 03300394`,Holeman850 Staff Report purchase.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 • (+4) perseverance Building: 7 (+1) Flood Zone X (+4) Water/Energy Conservation, (+2) Structural Integrity Environmental: I • (+1) Group I 1I. CURRENT CONDITIONS Location: Lot 3, Block 18, Largo Sound Park, Key Largo RE# 00469850.000000 Owner: Robert Holeman Applicant/Agent: Paul Turick Land Use District: Improved Subdivision -Masonry (IS - M) FLUM: Residential Medium (RM) Proposed Tier: III A — Special Protection Area (incorrectly reported as Tier III on previous report) 2006 Taxable Value: $12,525.00 Purchase Price in 2002: $21,500.00 I1I. LEGAL ELIGIBILITY AND OPTIONS Eligibility for Administrative Relief Options: Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or 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 (4) consecutive annual allocation periods and having submitted the 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 allocation period. The applicant has requested administrative relief in the form of a granting of one (1) ROGO allocation and has not expressed a desire to sell the property to the County. Relief Options under Administrative Relief: The remedies available for an application for Administrative Relief pursuant to Section 9.5-122.2(f)(6) include issuance of one (1) ROGO allocation award, just compensation by purchase of the property, or such other relief as may be necessary or appropriate. In the event purchase is recommended and the owner refuses the purchase offer the applicant may remain in the ROGO System. Evaluation: Currently the subject property contains sensitive environmental features or significant habitat for endangered or threatened species. The property consists of solid canopy of native hardwood hammock trees. Therefore it meets 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 Page 2 of 3 Reviewed by W:`:GROWTH MANAGEMENTNon Geographic Projects',ROGO',Adm ReIief.2007 Aug BOCC\Tech and Bio Complete ready for final review-Tloleman reheard from May 2007 BOCCHoleman 03300394\ 1oleman850 Staff Report purchase.doc I Administrative Relief. This parcel is separated from high quality hammock by a paved road. 2 Additionally, the subject property has been verified as being in a proposed Tier III A — Special Protection 3 Area. This parcel is one of four contiguous parcels for which administrative relief is being requested. 4 The property has been identified as having indigenous hammock. It is on the list of properties within the 5 boundary of Florida Forever acquisitions, indicating that the State of Florida deems the property to have 6 habitat worth saving by purchase. 7 8 IV. RECOMMENDATIONS 9 10 It is recommended that the Board of County Commissioners approve the request for Administrative 1 I Relief in the form of a purchase offer by the Monroe County Land Authority. 12 13 14 Page 3 of 3 Reviewed b4 W:yGROWTH MANAGEMENT'Non Geographic Projects,ROGO'Adm Reliefl,2007 Aug BOCC�Tech and Bio m Complete ready for final review'Bolean reheard from May 2007 BOCC'Aoleman 03300394%1Joleman850 Staff Report purchase.doc aANEW..� T ♦ _ �(At < -- ---wwOww!mm F s� v sa tmNIN IN County of Monroe Growth Management Division Planning & Environmental Resources Department 2798 Overseas Highway, Suite 410 Marathon, FL 33050 Voice: (305) 289-2500 FAX: (305) 289-2536 We strive to be caring, professional and fair August 1, 2007 Bob Holeman 33 3rd Rd. Key Largo, FL 33037 Board of County Commissioners Mayor Mario Di Gennaro, Dist. 4 Mayor Pro Tern Dixie Spehar, Dist. I George Neugent, Dist. 2 Charles "Sonny" McCoy, Dist. 3 Sylvia J. Murphy, Dist. 5 Subject: The Administrative Relief Hearing — August 15, 2007 3:00 PM BOCC Public Hearing for RE # 00469850.000000 Dear Mr. Holeman: Please be advised that your application for a determination of Administrative Relief will be heard by the Monroe County Board of County Commissioners on August 15, 2007. The hearing will be held at the Key Largo Library, Tradewinds Shopping Center, 101485 Overseas Highway, Key Largo. The hearing will begin at 3:00 PM but please be aware that we cannot give time certain for a specific applicant. You will be able to view the Staff Reports for your request on our website a few days before the meeting; www.monroecounly-fl..ov, you can find the reports under "Links for Residents" - "BOCC Agendas" then click on the meeting date. Should you have any questions regarding this hearine please contact me at (305) 289-2522. Sincerely, Nicole Petrick Planning Commission Coordinator CC: Paul Turick & Joyce Knaepen, Agents, 212 Jasmine St. Tavernier, FL 33070 James S. Lupino, Esquire, 90130 Old Highway, Tavernier, FL 33070 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: MU 21, 2007 Division: Growth Management Bulk Item: Yes — No X Department: Planning and Env. Resources Staff Contact Person: Julianne Thomas AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for Robert Holeman on Lot 3, Block 18 Largo Sound Park RE# 00469850.000000. ITEM BACKGROUND: A building permit was applied for on January 30, 2003 and a ROGO application was applied for on April 10, 2003. The applicant applied for administrative relief on May 5, 2006 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. Staff recommends that administrative relief be approved in the form of purchase by the Land Authority. Please note that the applicant does not have to accept this relief and may stay in the ROGO system to receive an allocation. If the BOCC should determine that administrative relief should be granted in the form of an allocation, a resolution has been provided which provides an allocation and requires a Habitat Evaluation Index along with a Grant of Conservation Easement for a portion of the Lot. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval in the form of purchase by the Land Authority. TOTAL COST: N/A BUDGETED: Yes N/A No COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes _ No _ AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management _N/A DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT IVe strive to He caring, profssiaatl rnnl fur To: Board of County Commissioners Through: Aref Joulani Senior Director of Planning & Environmental Resources From: Julianne Thomas, Planner David DaSilva, Biologist Date: May 4, 2007 RE: Administrative Relief forRobert Holentau, RE# 00469850.000000 I. BACKGROUND 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 (4) 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 allocation period. Date Entered ROGO: April 10, 2003 Date Entered Administrative Relief: May 5, 2006 ROGO Score: 22 Planning: 14 • (+10) Infill • (+) Lot Aggregation • (+4) Perseverance Building: 7 • (+1) Flood Zone X • (+4) Water/Energy Conservation, • (+2) Structural Integrity En t4ronmental. I • (+I ) Group I Page t of 2 Reviewed by W -GROWTH MANAGEMENTNon Geographic Projects'ROGO`Adm Relief-2007 May BOCCCSpecial Appslioieman 03300394`Holeman85o Staff Reportpurchase.doc 1 IL CURRENT CONDITIONS 7 3 Location: Lot 3, Block 1$ Largo Sound Park RE# 00469450.000000 4 5 Owner: Robert Holeman 6 7 Applicant/Agent: Paul Turick 8 9 Land Use District: Improved Subdivision — Masonry (IS) FL(M: Residential Medium (RM) 10 Proposed Tier: III 11 12 2006 Taxable Value: $12,525.00 Purchase Price in 2002: $21,500.00 13 14 IIt. LEGAL ELIGIBILITY AND OPTIONS 15 16 Eligibility for Administrative Relief Options: 17 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 18 2010 Comprehensive Plan provides a mechanism whereby an application which has not received an 19 allocation award in ROGO may apply to the Board of County Commissioners for Administrative Relief. 20 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 21 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 22 annual allocation periods and having submitted their application for Administrative Relief no earlier than 23 the third annual allocation period and no later than ninety (90) days following the close of the fourth 24 allocation period. 25 26 Relief Options under Administrative Relief: 27 The remedies available to an application for Administrative Relief pursuant to Section 9.5-122.2(f)(6) 28 include issuance of one (1) ROGO allocation awarded, just compensation by purchase of the property, or 29 such other relief as may be necessary or appropriate. 30 31 The subject property does contain sensitive environmental features or significant habitat for endangered 32 or threatened species. It therefore does meet the criteria established under the existing Policy 101.6.6 33 and Policy 102.4.2, or the proposed Policy 101.6.5 of the Year 2010 Comprehensive Plan for the 34 purchase of property under Administrative Relief. This parcel is separated from high quality harrunock 35 by a paved road, and has moderate quality hammock. 36 37 The applicant has requested administrative relief in the form of a granting of one (1) ROGO allocation 38 and has not expressed a desire to sell the property to the County as provided for under Policy 101.6.1 of 39 the Year 2010 Comprehensive Plan. 40 41 IV. RECOMMENDATIONS 42 43 It is recommended that the Board of County Commissioners find that the applicant has met the criteria 44 and qualifies for Administrative Relief and a Resolution be prepared for purchase of the subject property 45 by Monroe County Land Authority. Page 2 of 2 Reviewed by C:'Documents and Senings thomas-Julianne My Documents AdminReliefStaff Report ALLOCATION.doc Habitat Evaluation: Sk 18, Lot 3, Largo Sound Park, Key Largo Owner: R. Holeman, RE #00469850.000000 r f I t ` l' .. _ • . r' .. y Y ' '.�%7..;.r ._ - F-t `� 'r ' _ .. :� fir. •�� .� � _ V rr --M. • A u 34. �*..�: - .y ��.[�'" ,� .r �. y+y�•u.t f:_ `„a,,�*j*i' �_ �y�� die le ex. All OA "'`}Lk R .��W. • � _i� � 4y.:, •' �.�+ `�F'• 'r '�.• j.�r'' Yc '~^>f••. 'R. tiT:� `� I Y � ?°�•�, '�1 •�; 1. = � ^� �''' r.• + �. �• �"tz r'�. ■ sib'-'S air! i..iL'•^.� • T1•� 3 Yi i..' _,`r _ �L '' ter••_ .�� E.�� - � • Tier Deatgnafion aryI Honda Forever Boundl , `rP' —_-• n w,tmot .{, �- --� i I 1 11 .T Land Use Destgnaaon fiabuat Layer 7 J T T 'r Ivrq. 1N. Cv ollOKw. dsunnp -, Protected Species ); �� ate,. w.•. _ C O TY'oMONROE ; i This map is for use by the Monroe County Growth Management Division only.The data contained herein is not a legal repesentation of boundaries, parcels• roads right of ways or other geographical data. Prepared by- luhanne Thomas ADMINISTRATIVE RELIEF IN THE FORM OF PURCHASE OF THE PROPERTY BY THE MONROE COUNTY LAND AUTHORITY RESOLUTION NO. —2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY ROBERT HOLEMAN ON PROPERTY DESCRIBED AS LOT 3, BLOCK 18 LARGO SOUND PARK HAVING RE# 00469850,000000 IN THE FORM OF PURCHASE OF THE PROPERTY BY THE MONROE COUNTY LAND AUTHORITY. WHEREAS, Robert Holeman submitted an application for administrative relief under § 9.5-122(f) 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. Robert Holeman's application for administrative relief is for Lot 3, Block 18 Largo Sound Park in Monroe County, Florida having RE# 00469850.000000. 2. The date of the ROGO application is 4/10/2003. 3. The ROGO allocation application has been in the ROGO 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. MCC § 9.5-122.2(f) 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 §9.5-122.2(f)(6) 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 5/5/2006, under §9.5-122.2(f) of the Monroe County Code (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. 8. The subject property has the land use district designation of Improved Subdivision (IS), is located in the Largo Sound Park Subdivision and is environmentally sensitive. 9. Board of County Commissioners Resolution #223-2004 directs staff to identify small parcels with indigenous hammock or pinelands that are ineligible for purchase by the State with Florida Forever funds, limit the issuance of permits for clearing on said parcels, and recommends said parcel for purchase by the Monroe County Land Authority, 10. The subject property is in an area of indigenous moderate quality hammock and is designated as Tier 3 in the proposed Tier system.. AbWNISTRATNE RELIEF RESOLUFION FOR PURCHASE Pepe I of 2 1 IOLEMAN, LOT 3, BLOCK 1 g RE# 00469950.000000 1 1. The property does qualify, under criteria established by Resolution #223-2004 for purchase by the Monroe County Land Authority of small parcels with indigenous hammock and pinelands. 12. The Applicant has been in the ROGO system for three of the last four annual allocation periods and therefore qualifies for administrative relief. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: 1. Robert Holeman has met the requirements to receive administrative relief for Lot 3, Block 18 Largo Sound Park having RE# 00469850.000000. 2. In accordance with Policy 101.6.5, 101.6.6 and BOCC Resolution 223-2004, the appropriate form of administrative relief for this application is an offer to purchase. The issuance of a ROGO allocation would be inconsistent with the Monroe county year 2010 Comprehensive Plan and BOCC Resolution 223- 2004. 3. The Monroe County Land Authority is requested to have the subject property appraised and subsequently make an offer to purchase. 4. In the event Applicant declines the above referenced offer, Applicant will retain the right to remain in the ROGO system and continue competing for an allocation. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of 2007. Mayor Mario Di Gennaro Mayor Pro Tem, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY (SEAL) Mayor Mario Di Gennaro ATTEST: DANNY L. KOLHAGE, CLERK MONROE COUNTY ATTORNEY APPROV 0 TO FORK 10810: = a DEPUTY CLERK ADW,,as,rp kTm, RELIEF RFSOLUTtoM FoR F1RoiASE Page 2 of 2 HUum^ LOT 3, BLOCK 18 RE# 00469850.000000 ADMINISTRATIVE RELIEF IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD RESOLUTION NO. —2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY ROBERT HOLEMAN ON PROPERTY DESCRIBED AS LOT 3, BLOCK 18 LARGO SOUND PARK, RE# 00469850.000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Robert Holeman submitted an application for administrative relief under Sec. 9.5-122(t) 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. Robert Holeman's application for administrative relief is for Lot 3, Block 18 Largo Sound Park in Monroe County, Florida having RE# 00469850.000000. 2. The date of the ROGO application is April 10, 2003. 3. The ROGO allocation application has been in the ROGO 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. MCC Section 9.5-1222(t) 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 9.5-122.2(f)(6) 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 May 5, 2006, under Section 9.5-122.2(t) of the Monroe County Code (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 determuning lands that are appropriate for acquisition and the criteria includes the environmental sensitivity of the vegetative habitat on the lot. S. The subject property has the land use district designation of Improved Subdivision - Masonry (IS-M), is located in the Lot 3. Block 18 Largo Sound Park and is not environmentally sensitive. 9. Board of County Commissioners Resolution #223-2004 directs staff to identity small parcels with indigenous hammock or pinelands. 10. The subject property is not in an area of indigenous hammock or pinelands. 11. '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. 12. The Applicant has been in the ROtiO system for three of the last four annual allocation periods and therefore qualifies for administrative relief. 4uau�u i k I n t Rt ut r Rr_wtt z_ Page I of 2 H"t Pki:�", Lor 7. 81.(-x k 19 1-%R(,0 Sot No P xkk REP, (X40850 ixXXXX1 12, This parcel is separated from high quality hammock by a paved road, and has moderate quality hammock. If an allocation is approved, this parcel will require a Habitat Evaluation Index prior to construction, and a Grant of Conservation Easement Preserving 40% of the Parcel shall be recorded prior to the issuance of a building permit. 13. The Applicant has been in the ROGO system for three of the last four annual allocation periods and therefore qualifies for administrative relief. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to Robert Holeman, for Lot 3, Block 18 Largo Sound Park in the form of a dwelling unit 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 of the Monroe County Year 2010 Comprehensive Plan and as required by Section 9.5-122.2(f) of the Monroe County Code. 2. This parcel will require a Habitat Evaluation Index prior to construction, and a Grant of Conservation Easement covering 40% of the parcel shall be recorded prior to the issuance of a building permit. 3. The allocation award shall be taken out of the next quarterly allocation which occurs on July 13, 2007 or next available allocation period. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 21 " day of May, 2007. Mayor Mario Di Gennaro Mayor Pro Tem, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Mario Di Gennaro (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK MONROE COUNTY ATTORNEY APPROv OASORM , ACM fN[STRATrvE RELIEF RESOLUTION Page 2 42 HOLEMAN, LOT 3, BLOCK 18 LARGo SOUND PARK RE4 00469850AJO(Y)0 KA Lvr" tvlM CY+LY AltL[CATION FOR ADMMSTRATIVE RELIEF �pplicme it - (3WrC ,1Kwmisn nd Releesmutive .tpPlkiat'tc>•tltesaddteas 2t2 �r4S�N1�/.yC� Sr____7✓EiZR.kE.f? t�._.33o7'O oti„u s addreas _.330Q ati I(E Y4G Phase (Pkase attach a .tatemeot -th--* reyre mmm of thfs aQplicatsee b} sameome cdw thm vNrsaf the onem a: axuk mad '1. corm ..[lion i la&yvdud Yaµ ae aadrxirixts N 'e0rt» yowl to repeaeet -Y pa ert "thit 4plitadoc im A.AanetantG t Relief (� desaipuon tatmch netts aad bvvds desaipuoe if nazsaer/ �—y? V 1 c.AC2G. a Stly �..�b Pt4Rt{ V Date of ease ,xeni ROGO spplictuan -------------_-- - What Idx o(sdnuntmvi a reW are -.ou —lone .tiddiuxuJ Cr,evrrntc: STATE OF FLORID k AppRcanfs 17t bre¢crng agrahrtG w� adtaoa-laige'nefnm mt tlns __,_day of f( __ 2�:< Ry_� -;i., _ _,. _ a!w a perxoaalh keoav to me rc psawhuzd �i ---_ u ideebReauae xr.Fr z. slum of,aw) Ntbir, Stawarf mod. — V MONROE COUNTY AFFIDAVIT FOR ROGO AGENCY I hereby authorize: Paul TaricIt & Juyce Kvatme be listed as Flame of Agent(s)) Authorized agents for: Robert Roltms■ for the (Name of Owner) purpose of apPlcing wi cipung for the RIXJO *krunisnwive relief appticalion for try txnP-ty_ This authorization becomes effective on the date this affidavit is notarized and shall remain in effect until terminated by the undersigned. This authorization acts as a durable power of attorney only for the purposes stated. The undersigned understands the liabilities inNotved in the granting of this agency and accepts full responsibility (thus holding Monroe County harmless) for any and all of the actions of the agent(4) named, related to the acquisition of permits for the aforementioned property owner. Authorized Signature NOTARY WATT OF C01FNTY Of _ The forgo np iruxnmxnt was actovowiedge b6c me [his . �% t day of '7 v t Name of� P,e'mm) l Titk nt Authciri>ed Sgrahue) ccompwn Narm) My amtmission rapins" . - -----_-- Signuurr of Notary Pubtic -- -- -- Pern [N Kf.nr or Pr,,di.,A Idenufieaticn Typo of Idrntitw.atxw Ptvduccd n M+�E7FOE=C`JNTY •••Llve••• Ie of 1 MIS^_ELLANECI S RECFI_^ R=CEIPT 4 555?3 PRINT CA-S l5/OS�IOOE PRINT ::ME 10:L].58 PECEIPT DATE C�DFERAT:P tclzb COPY # I RfiCBLI'z. D BY bo. zt CAFE! DRAWER: 3 REC'C. FROM - ROBERT HOLZMAN F U)5. :'LF 10(-2 NOTES : SEE ID SON?fN� - 7 3 "VI'ALs METHOD CF PAYMEN-7 C3ECY. -------- �WIAL RECEIPT *r. 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Yt,W urt.e h,"P_-"w -ncparL�Irwdat=.�.rn[rrse—r L--rd _,P I t 21Y�' Commissioner Charles "Sonny" McCoy RESOLUTION NO.Z23 -2004 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DIRECTING MONROE COUNTY'S GROWTH MANAGEMENT DIVISION TO MONITOR, LIMIT ISSUANCE OF PERMITS FOR LAND CLEARING IN THE BEST INTEREST AND PROTECTION OF THE PUBLIC GOOD AND IDENTIFY TO THE LAND AUTHORITY FOR RECOMMENDED PURCHASE ALL SMALL, PARCELS OF CNA AREAS THROUGHOUT MONROE COUNTY NOT COVERED BY "FLORIDA FOREVER" FUNDS. WHEREAS, it is the desire of its citizens to preserve as much of the indigenous hammocks and pine stands as possible, and WHEREAS, the large tracts of hammock area will "Florida Forever", and be preserved for purchase by funds from WHEREAS, there is a threshold below which these funds may not be available; and WHEREAS, there is a stream of funds that could be available for the purchase of small parcels, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, THAT: Monroe County's Growth Management Division is hereby directed to: I . Closely monitor those small parcels in the CNA areas to prevent un-permitted clearing. 2. Limit the issuance of permits for land clearing so that the best interests of the public good, including the encouragement of building affordable housing, are protected. 3. Identify these small parcels, not covered by the "Florida Forever Funds" to the Land Authority for recommended purchase. PASSED AND ADOPTED by the Board of County Commissioners of Monroe C=nty this..j{th day of June, 2004, Mayor Murray Nelsons Mayor Pro o 9 a -n rri Tem David P. Ricers C7i Commissioner Charles "Sonny" McCov Yes o_h N "►t Commissioner George Neugent des C: Commissioner Dixie Spehar 4 C-j r ZD (SEAL) Attest: Danny BOARD COUNTY COMMISSIONERS o L. laage, Clerk OF OFLORIDA MO:ATTO?RNEY ccwn B: E Clerk By. MONROE COUNTY MAYOR APPKOVP AS TO FORM: TJOHN R. COLLINS COUNTY ATTORNEY Lava Offices Kershoff, Lupino 'L'Vagel, L11 90130 OLD HIGHWAY ATT©RNEYs AT LAW TAVERNIER, FLOMA 33070 JAY A. HERSHOFF (305) 852-8440 - (305) 852-8848 FAX JAmEs S. Lupiw R.ussELL A. YAGEL JESSICA RoTHEYBERG ROHERT C. STOBER JBssicA B. REILLY June 4, 2007 Monroe County Building Department Arif Joulani 2798 Overseas Highway, Suite 410 Marathon, FL 33040 Re: Administrative Relief # 0469860.000000/ Robert Holeman Dear Mr. Joulani: LAND USE COORDINATOR PETER D. BACHELER JUN 1 2 2007 �rn This letter is written in concern to Robert Holeman who is the owner of lots 1,2,3 and 4 Block 18 of the Largo Sound Subdivision. Attached hereto as exhibit "A" is a report he received from County Personnel reflecting the fact that his property was recommended for issuance of a building permit under administrative relief. This report specifically states, that his property is not considered high quality hammock and is not a habitat for endangered species. This analysis was specifically confirmed by our client with Susan Sprunt who conducted a study of the property (a copy of which is enclosed) as well as our clients conversations with the biologist. Relying on same our client fully expected to have staff support for the issuance of the appropriate permits. It is our understanding that on the 4' day of May, 2007 a different report was presented to the BOCC. This new report is attached as exhibit "B". This report completely reverses the analysis set forth in exhibit "A". Our client was not provided a copy of this revision. And when he addressed the biologist about the second report the biologist did not seem to have any knowledge of how that came to be according to our client. Of further note, our client was not provided with any notice of the hearing where his property was discussed. Although notice should have been provided it is particularly egregious when the report that he was provided with, by County Personnel was reversed and staff recommendations were changed without notification to him. Our client has been damaged as a result. We ask that you have this matter immediately reviewed and placed back before the BOCC, with recommendations consistent with the first report dated October 21, 2002. If you are unwilling to take such action, our client will have no choice but to file legal action based in substantial part upon the facts set forth here and above. Please be advised that the client does have witnesses to conversations which took place supporting the facts above. I await your response. � ncerely, JADES S. LUPINO, ESQUIRE JSLS, m Encl4ls ENVIRONMENTAL CONSULTING. SYSTEMS, .INC:. 102 Mohawk Street, Tavernier, FL 33070 tel 305.852.1920 fax 305.852,7327 22 November 2002 Mr, Robert Holeman 330 P Road Ivey Largo, Florida 33037 RE:. Habitat Evaluation Indexes for Lots 24, Block 18, Largo Sound Park, First Addition Marlin and Transylvania Avenue Key Largo, Florida Dear Mr. Holeman: As;stated to you in an earlier letter datedthe 21 October 2002, the U.S.F.W.S, will require "mitigation" for impact (clearing) within the tropical hardwood hammock. According to the U:S;F.�V.S., since there is to be "one'housp per lot", minimization has not been demonstrated, Therefare; on Lots 2, 3, &; 4 a monetary. contribution .should be: issued to the Florida Keys .Environmental Restoration Trust Fund in order to "create" tropical hardwood hammock elsewhere. irithe Florida Keys. This is based on the presence of a specific type•of plant can these particular properties that are necessary..fnr the survival of an endangered species regulated.by th.i s agency.., The:cost of "me -creating" tropical hardwood hammock.has:been deterrri'ned based on conversations with the M6nr6e County Biologist; Ms..Niko Reisinger, the U.S.F.W.S. Biologist Mr. Bill Miller; and the calculations provided in ,the letter originally sent to you dated the 2.1 October 2002'£rom Environmental Consulting systems, Incorporated. The following calculations were agreed upon by the above referenced parties:: . Re-creating High Quality Hammock:. $ 2.00 per square foot ➢ Re-creating Moderate Quality Hammock. $ 1.40 per square foot Re-creating Low Quality Hammock: $ :70'ber square foot Based on the quality ofhaidwood hammock for your above referenced properties (low quality) you would be allowed to clear 60% of the total square footage of each lot. Therefore, 60°/a ofthe total square footage of each lot (6,653 square feet) would be, roughly 3,931 square feet, At a cost of $ .70 per.square feet X 3,991 square feet of clearing = $ 2J93.70 per..prc�perty. Please present.the .U.S.F.W.S.'Big fine Key oft'ice'(305}.872-275� with thp.Above referenced information regarding the "mitigation" and discuss. the possibility of obtaining their approval for development. If the U.S.F.W.S. agrees with the above. mitigation, they 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to be caring, professional and Fair To: Board of County Commissioners Through: Aref Joulani Senior Director of Planning & Environmental Resources From: Julianne Thomas, Planner David DaSilva, Biologist Date: April 20, 2007 RE: Administrative Relief forRobert Holeman RE## 00469830.000000 L BACKGROUND 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 (4) 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 allocation period. Date Entered ROGO: April 10, 2003 Date Entered Administrative Relief. May 5, 2006 ROGO Score: 22 Planning: 14 (+10) infill • (+) Lot Aggregation r (+4) perseverance Building: 7 • (+1) Flood Zone X • (+4) Water/Energy Conservation, s (+2) Structural Integrity Environmental: 1 • (+1) Group l II. CURRENT CONDITIONS Location: Lot 1, Block 18, Largo Sound Park RE# 00469830.000000 Owner: Robert Holeman Page I of 3 Reviewed by c U5a W:IGROWTH MANAGEMENTINon Geographic Projects\R0G01Adnn Reliet12007 May BOCC1Holeman 033003901Holeman830 Staff Report.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Applicant/Agent: Paul Turick Land Use District: Improved Subdivision - Masonry (IS-M) FLUM: Residential Medium (RM) Proposed Tier: III 2006 Taxable Value: $12,525.00 Purchase Price in 2002: $1.00 III. LEGAL ELIGIBILITY AND OPTIONS Eligibility for Administrative Relief Options: Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 2010 Comprehensive Plan provides a mechanism whereby an application which 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 (4) 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 allocation period. Relief Options under Administrative Relief: The remedies available to an application for Administrative Relief pursuant to Section 9.5-122.2(f)(6) include issuance of one (1) ROGO allocation awarded, 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 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 flan for the purchase of property under Administrative Relief. This parcel is separated from high quality hammock by a paved road, and has low quality hammock. This parcel will require a Habitat Evaluation Index prior to construction, and clearing on the parcel will be limited to 40%. The applicant has requested administrative relief in the form of a granting of one (1) ROGO 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. IV. RECOMMENDATIONS 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 a Resolution be prepared that establishes this relief awarding one (1) ROGO allocation in the next quarterly ROGO allocation period which closes July 13, 2007, or next available allocation period. Page 2 of 3 Reviewed by c#663 W:IGROWTH MANAGEMENTWon Geographic ProjectslR0G01Adm Relie#12007 May BOCC1Holeman 033003901Holeman830 Staff Report.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to be caring, professional and fair To: Board of County Commissioners Through: Aref joulani Senior Director of Planning & Environmental Resources From: Julianne Thomas, Planner David DaSilva, Biologist Date: April 20, 2007 RE: Administrative Relief forRobert Holeman, RE#1 00469840.000000 1. BACKGROUND 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 (4) 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 allocation period. Date Entered ROGO: April 10, 2003 Date Entered Administrative Relief: May 5, 2006 ROGO Score: 22 Planning. 14 r (+10) r (+4) Building. 7 • {+1} (+4 ) • (+2) Environmental r (+l) II. CURRENT CONDITIONS Infill Lot Aggregation Perseverance Flood Zone X Water/Energy Conservation, Structural Integrity 1 Group 1 Location: Lot 2, Block 18, Largo Sound Park., RE# 00469840.000000 Page I of 3 W:IGROWTI4 MANAGEMENTONon Geographic Projects\ROGUAdm B0CC\Ho1eman03300393\Holeman840 Staff Report.doc Reviewed by &CcN� Relief12007 May I Owner: Robert Holeman 2 3 Applicant/Agent: Paul Turick 4 5 Laud Use District: Improved Subdivision - Masonry (IS-M) FLUM: Residential Medium (RM) 6 Proposed Tier: III 7 8 2006 Taxable Value: $12,525.00 Purchase Price in 2002: $47,000,00 9 10 III. LEGAL ELIGIBILITY AND OPTIONS 11 12 Eligibility for Administrative Relief Options: 13 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 14 2010 Comprehensive Plan provides a mechanism whereby an application which has not received an 15 allocation award in ROGO may apply to the Board of County Commissioners for Administrative Relief. 16 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 17 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 18 annual allocation periods and having submitted their application for Administrative Relief no earlier than 19 the third annual allocation period and no later than ninety (90) days following the close of the fourth 20 allocation period. 21 22 Relief Options under Administrative Relief: 23 The remedies available to an application for Administrative Relief pursuant to Section 9.5-122.2(f)(6) 24 include issuance of one (1) ROGO allocation awarded, just compensation by purchase of the property, or 25 such other relief as may be necessary or appropriate. 26 27 The subject property does not contain sensitive environmental features or any significant habitat for 28 endangered or threatened species. It therefore does not meet the criteria established under the existing 29 Policy 101.6.6 and Policy 102.4.2, or the proposed Policy 101.6.5 of the Year 2010 Comprehensive Plan 30 for the purchase of property under Administrative Relief. This parcel is separated from high quality 31 hammock by a paved road, and has low quality hammock. This parcel will require a Habitat Evaluation 32 Index prior to construction, and clearing on the parcel will be limited to 40%. 33 34 The applicant has requested administrative relief in the form of a granting of one (1) ROGO allocation 35 and has not expressed a desire to sell the property to the County as provided for under Policy 101.6.1 of 36 the Year 2010 Comprehensive Plan. 37 38 IV. RECOMMENDATIONS 39 40 It is recommended that the Board of County Commissioners find that the applicant has met the criteria 41 and qualifies for Administrative Relief. It is further recommended that a Resolution be prepared that 42 establishes this relief awarding one (1) ROGO allocation in the next quarterly ROGO allocation period 43 which closes July 13, 2007, or next available allocation period. 44 Page 2 of 3 Reviewed by cfc5�3 W:IGROWTH MANAGEMENDNon Geographic ProjectslROGMAdm Relief12007 May BOCCE o1eman033003931Ho1ernan840 Staff Report.doc 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 To: Through: From: Date: RE: MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to be caring, professional and fair Board of County Commissioners Aref Joulani Senior Director of Planning & Environmental Resources Julianne Thomas, Planner David DaSilva, Biologist April 20, 2007 Administrative Relief forRobert Holemun, RE# 00469850,000000 I. BACKGROUND 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 (4) 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 allocation period. Date Entered ROGO: April 10, 2003 Date Entered Administrative Relief: May 5, 2006 ROGO Score: 22 Planning: 14 (+10) Infill (+) Lot Aggregation • (+4) Perseverance Building: 7 (+1) Flood Zone X (+4) Water/Energy Conservation, • (+2) Structural Integrity Environmental: 1 • (+1) Group 1 II. CURRENT CONDITIONS Page I of 3 Reviewed by o�Cc53 W:IGROWTH MANAGI MENT1Non Geographic ProjectslR0G01Adm Reliefl2007 May BOCClHoleman 033003941Holeman850 Staff Report.doc 1 2 Location: Lot 3, Block 18 Largo Sound Park RE# 00469850,000000 3 4 Owner: Robert Holeman 5 6 Applicant/Agent: Paul Turick 7 8 Land Use District: Improved Subdivision — Masonry (IS) FLUM: Residential Medium (RM) 9 Proposed Tier: III 10 11 2006 Taxable Value: $12,525.00 Purchase Price in 2002: $21,500.00 12 13 111. LEGAL ELIGIBILITY AND OPTIONS 14 15 Eligibility for Administrative Relief Options: 16 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 17 2010 Comprehensive Plan provides a mechanism whereby an application which has not received an 18 allocation award in ROGO may apply to the Board of County Commissioners for Administrative Relief. 19 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 20 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 21 annual allocation periods and having submitted their application for Administrative Relief no earlier than 22 the third annual allocation period and no later than ninety (90) days following the close of the- fourth 23 allocation period. 24 25 Relief Options under Administrative Relief: 26 The remedies available to an application for Administrative Relief pursuant to Section 9.5-122.2(f)(6) 27 include issuance of one (1) ROGO allocation awarded, just compensation by purchase of the property, or 28 such other relief as may be necessary or appropriate. 29 30 The subject property does not contain sensitive environmental features or any significant habitat for 31 endangered or threatened species. It therefore does not meet the criteria established under the existing 32 Policy 101.6.6 and Policy 102.4.2, or the proposed Policy 101.6.5 of the Year 2010 Comprehensive Plan 33 for the purchase of property under Administrative Relief. This parcel is separated from high quality 34 hammock by a paved road, and has low quality hammock. This parcel will require a Habitat Evaluation 35 Index prior to construction, and clearing on the parcel will be limited to 40%. 36 37 The applicant has requested administrative relief in the form of a granting of one (1) ROGO allocation 38 and has not expressed a desire to sell the property to the County as provided for under Policy 101.6.1 of 39 the Year 2010 Comprehensive Plan. 40 41 IV. RECOMMENDATIONS 42 43 It is recommended that the Board of County Commissioners find that the applicant has met the criteria 44 and qualifies for Administrative Relief. It is further recommended that a Resolution be prepared that 45 establishes this relief awarding one (1) ROGO allocation in the next quarterly ROGO allocation period 46 which closes July 13, 2007, or next available allocation period. 47 Page 2 of 3 Reviewed by oVeC58 W:IGROWTH MANAGEMENTINon Geographic PrgjectslROGOIAdm Relief12007 May BOCC1Holeman 033003941Holeman850 Staff Report.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to be caring, professional and fair To: Board of County Commissioners Through: Aref joulani Senior Director of Planning & Environmental Resources From: Julianne Thomas, Planner David DaSilva, Biologist Date: April 20, 2007 RE: Administrative Relief forRobert Holeman RE# 00469860.000000 1. BACKGROUND 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 (4) 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 allocation period. Date Entered ROGO: April 10, 2003 Date Entered Administrative Relief: May 5, 2006 ROGO Score: 22 Planning: 14 (+10) infill • (+) Lot Aggregation (+4) perseverance Building: 7 • (+l) Flood Zone X • (+4) Water/Energy Conservation, • (+2) Structural Integrity Environmental: 1 • (+1) Group 1 29 11. CURRENT CONDITIONS Page I of 3 Reviewed by oC W:IGROWTH MANAGEMENPNon Geographic ProjectstROGMAdm Reliefl2007 May BOCC\Holeman 033003961Holeman86©Staff Report.doc 2 Location: Lot 4, Block 18, Largo Sound Park,RE# 00469860.000000 3 4 Owner: Robert Holeman 5 6 Applicant/Agent: Paul Turick 7 8 Land Use District: Improved Subdivision -Masonry (IS - M) FLUM: Residential Medium (RM) 9 Proposed Tier: III 10 11 2006 Taxable Value: $12,525.00 Purchase Price in 2002: $21,500.00 12 13 111. LEGAL ELIGIBILITY AND OPTIONS 14 15 Eligibility for Administrative Relief Options: 16 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 17 2010 Comprehensive Plan provides a mechanism whereby an application which has not received an 18 allocation award in ROGO may apply to the Board of County Commissioners for Administrative Relief. 19 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 20 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 21 annual allocation periods and raving submitted their application for Administrative Relief no earlier than 22 the third annual allocation period and no later than ninety (90) days following the close of the fourth 23 allocation period. 24 25 Relief Options under Administrative Relief: 26 The remedies available to an application for Administrative Relief pursuant to Section 9.5-122.2(f)(6) 27 include issuance of one (1) ROGO allocation awarded, just compensation by purchase of the property, or 28 such other relief as may be necessary or appropriate. 29 30 The subject property does not contain sensitive environmental features or any significant habitat for 31 endangered or threatened species. It therefore does not meet the criteria established under the existing 32 Policy 101.6.6 and Policy 102.4.2, or the proposed Policy 101.6.5 of the Year 2010 Comprehensive Plan 33 for the purchase of property under Administrative Relief. This parcel is separated from high quality 34 hammock by a paved road, and has low quality hammock. This parcel will require a Habitat Evaluation 35 Index prior to construction, and clearing on the parcel will be limited to 40%. 36 37 The applicant has requested administrative relief in the form of a granting of one (1) ROGO allocation 38 and has not expressed a desire to sell the property to the County as provided for under Policy 101.6.1 of 39 the Year 2010 Comprehensive Plan. 40 41 IV. RECOMMENDATIONS 42 43 It is recommended that the Board of County Commissioners find that the applicant has met the criteria 44 and qualifies for Administrative Relief. It is further recommended that a Resolution be prepared that 45 establishes this relief awarding one (1) ROGO allocation in the next quarterly ROGO allocation period 46 which closes July 13, 2007, or next available allocation period. 47 Page 2 of 3 Reviewed by c66�3 W:lGROWTH MANAGEMENT1Non Geographic ProjectslROGO1Adm Reliei12007 May BOCC\Holeman 033003961Holeman860Staff Report.doc MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to be caring, professional and fair To: Board of County Commissioners Through: Aref jouiani Senior Director of Planning & Environmental Resources From: Julianne Thomas, Planner David DaSilva, Biologist Date: May 4, 2007 RE: Administrative Relief forRobert Holenwn RE# 00469830-000000 1 2 T. BACKGROUND 3 4 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 5 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 6 annual allocation periods and having submitted their application for Administrative Relief no earlier than 7 the third annual allocation period and no later than ninety (90) days following the close of the fourth 8 allocation period. 9 10 Date Entered ROGO: April 10, 2003 11 12 Date Entered Administrative Relief: May S, 2006 13 14 ROGO Score: 22 15 Planning. 14 16 . (+10) infill 17 . (+) Lot Aggregation 18 • (+4) perseverance 19 Building: 7 20 (+1) Flood Zone X 21 + (+4) Water/Energy Conservation, 22 (+2) Structural integrity 23 Environmental. 1 24 (+1) Group 1 ■�� 25�" 26 11. CURRENT CONDITIONS n 27 28 Location; Lot 1, Block 18, Largo Sound Park RE4 00469830.000000 29 30 Owner: Robert Holeanan Page I of 2 Reviewed by cs� W:iGROWTH MANAGEMENT1Non Geographic ProjectslROGOtAdm Relief\2007 May BOCClSpecial AppslHoleman 03300390\Holeman830 StaffReport.doc 2 Applicant/Agent: Paul Turick 4 Land Use District: Improved Subdivision - Masonry (IS-M) PLUM: Residential Medium (RM) 5 Proposed Tier: III 7 2006 Taxable Value: $12,525.00 Purchase Price in 2002: $1.00 8 9 111. LEGAL ELIGIBILITY AND OPTIONS 10 11 Eligibility for Administrative Relief Options: 12 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 13 2010 Comprehensive Plan provides a mechanism whereby an application which has not received an 14 allocation award in ROGO may apply to the Board of County Commissioners for Administrative Relief, 15 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 16 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 17 annual allocation periods and having submitted their application for Administrative Relief no earlier than 18 the third annual allocation period and no later than ninety (90) days following the close of the fourth 19 allocation period. 20 21 Relief Options under Administrative Relief: 22 The remedies available to an application. for Administrative Relief pursuant to Section 9.5-122.2(( b) 23 include issuance of one (1) ROGO allocation awarded, just compensation by purchase of the property, or 24 such other relief as may be necessary or appropriate. 25 26 The subject property does contain sensitive environmental features or significant habitat for endangered 27 or threatened species. It therefore does meet the criteria established under the existing Policy 101.6.6 28 and Policy 102.4.2, or the proposed Policy 101.6.5 of the Year 2010 Comprehensive Plan for the 29 purchase of property under Administrative Relief. This parcel is separated from high quality hammock 30 by a paved road, and has moderate duality hammock. If an allocation is approved, this parcel will 31 require a Habitat Evaluation index prior to construction, and a Grant of Conservation Easement covering 32 40% of the parcel shall be recorded prior to the issuance of a building permit. 33 34 The applicant has requested administrative relief in the form of a granting of one (1) ROGO allocation 35 and has not expressed a desire to sell the property to the County as provided for under Policy 101.6.1 of 36 the Year 2010 Comprehensive Plan. 37 38 IV. RECOMMENDATIONS 39 40 It is recommended that the Board of County Commissioners find that the applicant has met the criteria 41 and qualifies for Administrative Relief and a Resolution be prepared for purchase of the subject property 42 by Monroe County hand Authority. 43 Page 2 of 2 Reviewed by gve(58 W:IGROWTH MANAGEMENT�Non Geographic ProjectslROGO1Adm Relief12007 May BOCC1Special AppslHoleman 033003900Holeman830 Staff Report.doc 12. The Applicant has been in the ROGO system for three of the last four annual allocation periods and therefore qualifies for administrative relief. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: 1. Robert Holeman has met the requirements to receive administrative relief for Lot 1, Block 1 &, Largo Sound Park RE# 00469830.000000. 2. In accordance with Policy 101.6,5, 101.6.6 and BOCC Resolution 223-2004, the appropriate form of administrative relief for this application is an offer to purchase. The issuance of a ROGO allocation would be inconsistent with the Monroe county year 2010 Comprehensive Plan and BOCC Resolution 223-2004. 3. The Monroe County Land Authority is requested to have the subject property appraised and subsequently make an offer to purchase. 4. In the event Applicant declines the above referenced offer, Applicant will retain the right to remain in the ROGO system and continue competing for an allocation. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of , 2007. Mayor Mario Di Gennaro Mayor Pro Tem, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA WA (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK Mayor Mario Di Gennaro MONRUE COUNTY ATTORNEY AFAR EZ) AS FC1RM7- AI)1. N1STpATIVE RELIEF RESOLUTION Page 2 of 2 HOLEm AN, LOT 1, BLOCK 18, RE# 0064830.000000 ADMINISTRATIVE RELIEF IN THE FORD OF ONE (1) DWELLING UNIT ALLOCATION AWARD BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date:May 21. 20 77_ _ Division: Growth Mana ement Bulk Item: Yes _ No X Department: Plannin and Env. Resources Staff Contact Person: Julianne Thomas AGENDA ITEM WORDING: A public hearing to consider arequest for Administrative Relief for Robert Holean on Lot 1, Block 18, Largo Sound Park RE 4 ITEM BACKGROUND: A building permit was applied for on January 30, 2003 and a ROGO application was applied for on April 10, 2003. The applicant applied for administrative relief on May 5, 2006 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. Staff recommends that administrative relief be approved in the form of purchase by the Land Authority. Please note that the applicant does not have to accept this relief and may stay in the ROGO system to receive an allocation. If the BOCC should determine that administrative relief should be granted in the form on an allocation, a resolution has been provided which provides an allocation and requires a Habitat Evaluation Index along with a Grant of Conservation Easement for a portion of the Lot. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval in the form of purchase by the Land Authority. TOTAL COST: N/A BUDGETED: Yes N/A No _ COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes — No AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management N/A— DOCUMENTATION: included X Not Required DISPOSITION: AGENDA ITEM # RESOLUTION NO. —2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY ROBERT HOLEMAN ON PROPERTY DESCRIBED AS LOT 1, BLOCK 18, LARGO SOUND PARK RE# 00469830.000000 IN THE FORM OF PURCHASE OF THE PROPERTY BY THE MONROE COUNTY LAND AUTHORITY. WHEREAS, Robert Holeman submitted an application for administrative relief under § 9.5- 122(f) 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. Robert Holeman's application for administrative relief is for Lot 1, Block 18, Largo Sound Park in Monroe County, Florida having RE4 00469830.000000. 2. The date of the ROGO application is 4/10/2003, 3, The ROGO allocation application has been in the ROGO 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. MCC § 9.5-122.2(f) 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 § 9.5-122.2(f)(6) 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 5/5/2006, under § 9.5-122.2(f) of the Monroe County Code (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. 8. The subject property has the land use district designation of Improved Subdivision (IS), is located in the Largo Sound Park Subdivision and is environmentally sensitive. 9. Board of County Commissioners Resolution #223-2004 directs staff to identify small parcels with indigenous hammock or pinelands that are ineligible for purchase by the State with Florida Forever funds, limit the issuance of permits for clearing on said parcels, and recommends said parcel for purchase by the Monroe County Land Authority. 10, The subject property is in an area of indigenous moderate quality hammock and is designated as Tier 3 in the proposed Tier system. 11, The property does qualify under criteria established by Resolution i#223-2004 for purchase by the Monroe County Land Authority of small parcels with indigenous hammock and pinelands. ADMIMSTRATWE RELIEF RESOLUTION Page 1 of 2 HOLI mAN, LoT 1, BLOCK 18, RD 00469830.000000 RESOLUTION NO. 2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY ROBERT HOLEMAN ON PROPERTY DESCRIBED AS LOT 1, BLOCK 18, LARGO SOUND PARK RE# 00469830.000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Robert Holeman submitted an application for administrative relief under Sec. 9.5-122(f) 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: I. Robert Holeman's application for administrative relief is for Lot 1, Block 18, Largo Sound Park in Monroe County, Florida having RE# 00469830.000000. 2. The date of the ROGO application is April 10,2003. 3. The ROGO allocation application has been in the ROGO 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. MCC Section 9.5-122.2(f) 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 9.5-122.2(f)(6) 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 May 5, 2006, under Section 95-122.2(f) of the Monroe County Code (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. 8. The subject property has the land use district designation of Improved Subdivision - Masonry (IS-M), is located in the Lot 1, Block 18, Largo Sound Park and is not environmentally sensitive. 9. Board of County Commissioners Resolution #223-2004 directs staff to identify small parcels with indigenous hammock or pinelands. 10. The subject property is in an area of indigenous moderate quality hammock. 11. The property does qualify under criteria established by Resolution 9223-2004 for purchase by the Monroe County Land Authority of small parcels with indigenous hammock and pinelands. ADANisTRATp& RELIEF RESOLUMN Prgt 1 of 2 HOLEMAN, I.or 1, BLOCK 18, LARGO SouND PARK RE# 00469830.00D000 12. This parcel is separated from high quality hammock by a paved road, and has moderate quality hammock. This parcel will require a Habitat Evaluation Index prior to construction, and a Grant of Conservation Easement covering 40% of the parcel shall be recorded prior to the issuance of a building permit. 13. The Applicant has been in the ROGO system for three of the last four annual allocation periods and therefore qualifies for administrative relief. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to Robert Holeman, for Lot 1, Block 18, Largo Sound Park in the form of a dwelling unit allocation award, subject to the following conditions: I . 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 9.5-122.2(f) of the Monroe County Code. 2, This parcel will require a Habitat Evaluation Index prior to construction, and a Grant of Conservation Basement covering 40% of the parcel shall be recorded prior to the issuance of a building permit. 3. The allocation award shall be taken out of the next quarterly allocation which occurs on July 13, 2007 or next available allocation. period. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 21 st day of May, 2007. Mayor Mario Di Gennaro Mayor Pro Tern, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA P.M (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK Mayor Mario Di Gennaro DEPUTY CLERK PMONRO OUNTY ATTORNEY Api R 0 O iORM ADmINISTRATTVE RELIEF RF.SOLUMN Page 2 of 2 HoLEMAN, LOT [, BLOCS 18, LARGO SOLD0 PARK RE# 00459VD.000000 w 0 APMACATIONFOR %6w ADWNISTRATI'V-E RELIEF AA=W.Id kept--- APP6CAM Appbc*el- MUl=9 ow=' i now (ir awkmg owme$.ddrt": -A-vx;. yy by - olla 0= Yo-'Wlf we repm=t Y—) reprewmawm Of Ehk AWKSU Tba Kmr=m �hdd pt%d- -L (..met ZAM) sua"Lle (mc�v YT to MWtWrA MY pMrCrC) fur tb4 xpphcsdw for Adninatrbb-C Ral R5# Do 6 C5 - Leg : dampum (moch mAt" and binds dcanxkm it Amcmary)'-i-L-a-t Dv z ROGO *WficW-i(W— Whit Wad of ad--mnmm km Tw suiting, ------------------- 4CrrARY: Appfi-ofl me SrxTE OF FLORMA ODV,m The fbegomg siglWum was ,J=�kApd ,fe rm %M* f-.1-41 Of BY as id"d I "M. -Ay, %W ;�G?:RGE CGU#ITY z:rZ,* �rE.. w t' qe cf _ AtISCELLAiiiS S FBCHIPT RECEIPT # 55533 RECEIPT DATE 05/05f2006 REC81±rE1J RY : bolzb REC`D. FROM ROBERT HGLEMAN IMF 'c)6.1 UDF 136.2 NOTES pRIgT MACE 05/05/2006 PRINT TIME 1°7:11:58 CpBRATop hclzh 4ogY � a. CASH bRAWSR: 3 FEE 1.D A. G*�3bii' TH*S RCPT BALANCE ZGNING-032 3040.00 g3340.CC To ALE: �304(i.0+ 3040.•£0 �0.00 HETHOD OF PAYMENT AMOUNT 1'TJ.N-SF'R ------`-------"�- CREr"K__V-------_~------------ 550 FIRST STATE SANK TAL R%CEiPT _ 3040.00 Room HoLvaot FL c�Tfat4 40.Oq�itai� _ 6- r--j MONROE COUNTY AFFIDAVIT FOR ROGO AGENCY I hereby authorize: Paul Ty rick & Joyce KnaeMn be listed as (Name of Agenq s)) Authorized agents for - Robert Hoieman- for the (Name of Owner) purpose of aPpl}iftg and signing for the ROGO adrnini-siraxive feliefawicadon for my ProrwAy. This authorization t-w-cornes effective on the date this affidavit is notarized and shall remain in effect until terminated by the undersigned. This authorization acts as a durable power of attorney only for the put -poses stated. The undersigned understands the liabilities involved in the granting of this agency and accepts full responsibility (thug holding Monroe County hwrn)e_ss) for any and all of the actions of the agent(s) named, related to the acquisition Of permits for the aforementioned property owner. Authori7ed Signature NOTARY: STATE OF COUNTY OF I hL, (mrgaing insirum=i was me kno-w-t-edgc, KtfoWw this- day of (I We (Ckmrwrty Name) My umnfnission expire Sigmilum of Notmy Public Personally Km��n ar flnxfuced ldenliftcati4)n :ax I ype L'f 1&mifim ion Pnduo,,d Em Pr,,,,,tr,y lmfomatwn fur 1577014 pa;v I u, 2 ONLY E DATA CENTER It IOW RECORDS SEARCH f*OPf,RTY NI-tWMATION FOR: Al%!rn-qtv Key: 15?7014 RE Number 006(J93C,000WO J-21L--d!—It4�& 4J Y I ARGO KEV 1 Ak% ii fEti T x L. I I 1 ',0 I'AAK FHA4.eY '45T A IJRTI3,EK' �'VZT:0417,11- Sl'ftWVFW) 61 .14 Mrl.t.+cv GROUP EswratoTimxes K. COW V. AN 1 X 1.tiWl N I IAI LAPd Btl2its--- LA%� tAT t OOF. 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Commissioner Charles "Sonny" McCoy RESOLUTION NO 23 -2004 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DIRECTING MONROE COUNTY'S GROWTH MANAGEMENT DIVISION TO MONITOR, LIMIT ISSUANCE OF PERMITS FOR LAND CLEARING IN THE BEST INTEREST AND PROTECTION OF THE PUBLIC GOOD AND IDENTIFY TO THE LAND AUTHORITY FOR RECOMMENDED PURCHASE ALL SMALL PARCELS OF CNA AREAS THROUGHOUT MONROE COUNTY NOT COVERED BY "FLORIDA FOREVER" FUNDS. WHEREAS, it is the desire of its citizens to preserve as much of the indigenous hanumcks and pine stands as possible, and WHEREAS, the large tracts of hammock area will be preserved for purchase by funds from "Florida Forever", and WHEREAS, there is a threshold below which these funds may not be available; and WHEREAS, there is a stream of funds that could be available for the purchase of small parcels, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, THAT: Monroe County's Growth Management Division is hereby directed to: Closely monitor those small parcels in the CNA areas to prevent un-permitted clearing. Limit the issuance of permits for land clearing so that the best interests of the public good, including the encouragement of building affordable housing, are protected. 3. Identify these small parcels, not covered by the "Florida Forever Funds" to the Land Authority for recommended purchase. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County this oth day of Tune, 2004. Mayor Murray Nelson s o m r=- Mayor Pro Tem David P_ Rice_�es �., � ' '=1 Commissioner Charles "Sonny" McCoy_yes c N Commissioner George Neugent yes - � Commissioner Dixie Speh -y,e-s > (SEAL) BOARD OF COUNTY COMMISSIONERS OF C-n Attest: Danny L. large, Clerk MONROE C , FLORIDA-�' B By: Dep Clerk l4IQNROE COUNTY ATTORNEY MAYOR APP OVA�ORM:r....._..... i3 JOHN R. COLLINS COUNTY ATTORNEY txatie.., ©J 1 %tie t, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to be caring, professional and fair To: Board of County Commissioners Through: AM joulani Senior Director of Planning & Environmental Resources From: Julianne Thomas, Planner David DaSiiva, Biologist Date: May 4, 2007 RE: Administrative Relief forRobert Holeman, RE# 00469840-000000 1. BACKGROUND 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 (4) 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 allocation period. Date Entered ROGO: April 10, 2003 Bate Entered Administrative Relief: May S, 2006 ROGO Score: 22 Planning.- 14 (+10) Will (+) Lot Aggregation • (+4) Perseverance Building: 7 • (+1) Flood Zone X • (+4) WaterlEnergy Conservation, • (+2) Structural Integrity Environmental' I • (+1) Group I Page I of 2 Reviewed by cfc+3 W:,GROWTH MANAGEMENPNon Geographic Projectsa0G01Adm Relief\2007 May BOCC1SSpecial AppslHoleman03300393114oleman84O Staff Report.doc 1 11. CUPRENT CONDITIONS 3 Location: Lot 2, Block 18, Largo Sound Park, RE# 00469840.000000 4 5 Owner: Robert Holeman 6 7 Applicant/Agent: Paul Turick 9 Land Use District: Improved Subdivision - Masonry (IS-M) FLUM: Residential Medium (RM) 10 Proposed Tier: 1H 11 12 2006 Taxable Value: $12,525.00 Purchase Price in 2002: $47,000.00 13 14 111. LEGAL ELIGIBILITY AND OPTIONS 15 16 Eligibility for Administrative Relief Options: 17 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 18 2010 Comprehensive Plan provides a mechanism whereby an application which has not received an 19 allocation award in ROGO may apply to the Board of County Commissioners for Administrative Relief. 20 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 21 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 22 annual allocation periods and having submitted their application for Administrative Relief no earlier than 23 the third annual allocation period and no later than ninety (90) days following the close of the fourth 24 allocation period. 25 26 Relief Options under Administrative Relief: 27 The remedies available to an application for Administrative Relief pursuant to Section 9.5-122.2(f)(6) 28 include issuance of one (1) ROGO allocation awarded, just compensation by purchase of the property, or 29 such other relief as may be necessary or appropriate. 30 31 The subject property does contain sensitive environmental features or significant habitat for endangered 32 or threatened species. It therefore does meet the criteria established under the existing Policy 101.6.6 33 and Policy 102.4.2, or the proposed Policy 101.6.5 of the Year 2010 Comprehensive Plan for the 34 purchase of property under Administrative Relief. This parcel is separated from high quality hammock 35 by a paved road., and has moderate quality hammock. If an allocation is approved for this parcel, the 36 parcel will require a Habitat Evaluation Index prior to construction, and prior to issuance of any building 37 permit, a Grant of Conservation Easement covering 40% of the parcel shall be recorded. 38 39 The applicant has requested administrative relief in the form of a granting of one (1) ROGO allocation 40 and has not expressed a desire to sell the property to the County as provided for under Policy 101.6.1 of 41 the Year 2010 Comprehensive Plan. 42 43 1V. RECOMMENDATIONS 44 45 It is recommended that the Board of County Commissioners find that the applicant has met the criteria 46 and qualifies for Administrative Relief and a Resolution be prepared for purchase of the subject property 47 by Monroe County Land Authority. 48 Page 2 of 2 Reviewed by c0653 W:\GROWTH MANAGEMENT,,Non Geographic ProjectslROGOIAdm Reliet12007 May BOCOSpecial AppslHo1eman03300393\Ho1eman840 StaffReport_doe 11, The property does qualify under criteria established by Resolution 9223-2004 for purchase by the Monroe County Land Authority of small parcels with indigenous hammock and pinelands. 12. The Applicant has been in the ROGO system for three of the last four annual allocation periods and therefore qualifies for administrative relief. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Robert Holeman has met the requirements to receive administrative relief for Lot 2, Block 18, Largo Sound Park, RE# 00469840.000000. 2. In accordance with Policy 101.6.5, 101.6.6 and BOCC Resolution 223-2004, the appropriate form of administrative relief for this application is an offer to purchase. The issuance of a ROGO allocation would be inconsistent with the Monroe county year 2010 Comprehensive Plan and BOCC Resolution 223- 2004. The Monroe County Land Authority is requested to have the subject property appraised and subsequently make an offer to purchase. 4. In the event Applicant declines the above referenced offer, Applicant will retain the right to remain in the ROGO system and continue competing for an allocation. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of , 2007. Mayor Mario Di Gennaro Mayor Pro Tem, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia I Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK ADMLVISTRATIVE BELIEF RrsowTION FOR PURCHASE Hmi,EMAN, LOT 2, BLOCK IS, RE# 00469M.000000 Mayor Mario Di Gennaro MONRO COUNTY ti AN Y APP EO MFORM Dale;le,7a Page 2 of 2 . `aeiuoVy �utz��(hj &.�C"R�astiatd t�az;dsz�oa�`zat{ta xa sbrir o. atlb€z sp2ox `staoiacI sauepicnagJ.b U01,4eivasedez lebal E.aou sT uca2au poixWluoa elep atU'Atuo IVIAoxE) f4-0 --oyt all; Aq asn zoj s# deux SrLu -s—s enb irrx vY.Y6PY'13 k:5el n:u: C1URIf3t lfi AiNno BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 21 2007 Division: Growth Management Bulk Item: Yes No X Department: Planning and Env. Resources Staff Contact Person: Julianne Thomas AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for Robert Holeman on Lot 2, Block 18, Largo Sound Park, RE# 00469840.000000. ITEM BACKGROUND: A building permit was applied for on January 30, 2003 and a ROGO application was applied for on April 10, 2003. The applicant applied for administrative relief on May 5, 2006 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. Staff recommends that administrative relief be approved in the farm of purchase by the Land Authority. Please note that the applicant does not have to accept this relief and may stay in the ROGO system to receive an allocation. If the BOCC should determine that administrative relief should be granted in the form of an allocation, a resolution has been provided which provides an allocation and requires a Habitat Evaluation Index along with a Grant of Conservation Easement for a portion of the Lot. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval in the form of purchase by the Land Authority, TOTAL COST: N/A COST TO COUNTY: N/A BUDGETED: Yes N/A No SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes— No— AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management _NIA DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # ADMINISTRATIVE RELIEF IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD RESOLUTION NO. —2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATWE RELIEF MADE BY ROBERT HOLEMAN ON PROPERTY DESCRIBED AS LOT 2, BLOCK 18, LARGO SOUND PARK, RE# 00469840.000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Robert Holeman submitted an application for administrative relief under Sec. 9.5-122(f) 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. Robert Holeman's application for administrative relief is for Lot 2, Block 18, Largo Sound Park, in Monroe County, Florida having RE## 00469840.000000, 2. The date of the ROGO application is April 10, 2003, 3. The ROGO allocation application has been in the ROGO 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. MCC Section 9.5-122.2(f) 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. S. 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 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 May 5,2006, under Section 9.5-122.2(f) of the Monroe County Code (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. 8. The subject property has the land use district designation of Improved Subdivision - Masonry (IS-M), is located in the Largo Sound Park Subdivision and is not environmentally sensitive. 9. Board of County Commissioners Resolution #223-2004 directs staff to identify small parcels with indigenous hammock or pinelands. 10. The subject property is in an area of indigenous moderate quality hammock. l 1. 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. 12. This parcel is separated from high quality hammock by a paved road, and has low quality hammock. This parcel will require a Habitat Evaluation Index ADMmsT]t? nvf REuEf RESOUMON Page I of 2 ROSEkT HOLEWAN, LOT 2, BLOCK 18, LARco SouND PARK, RE4 00469840,000000 prior to construction, and a Grant of Conservation Easement covering 40% of the parcel shall be recorded prior to the issuance of a building permit. 13, The Applicant has been in the ROGO system for three of the last four annual allocation periods and therefore qualifies for administrative relief, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to Robert Holeman, for Lot 2, Block 18, Largo Sound Park, in the form of a dwelling unit 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 of the Monroe County Year 2010 Comprehensive Plan and as required by Section 9.5-122.2(f) of the Monroe County Code. 2. This parcel will require a Habitat Evaluation Index prior to construction, and a Grant of Conservation Easement covering 40% of the parcel shall be recorded prior to the issuance of a building permit. 3. The allocation award shall be taken out of the next quarterly allocation which occurs on July 13, 2007 or next available allocation period. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 21st day of May, 2007. Mayor Mario Di Gennaro Mayor Pro Tem, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK li . 811n Mayor Mario Di Gennaro Mt3NA: G.:'JN! Y 41 TL?RN Y APP D 4 111RMa Data: CLERK ADmrNrsTRArrvE RELIEF REsor. voN Page 2 of 2 RoBERT HoLEmAN, 1.oT 2, BLMK 18, LARW So€ Nj) ?AM RE# 0"69844.o WOO V! m APPIACATION FOR ADIMINIMATINS RELMF .A4VIX*w is; OWE= Applietv-is Name: C— Apph—el Owares rsea�e (if xppLkAug is go O&MMI, -' OwAr S Id.: repe&ew&4m a this applictfion by Somme wIff Lhu Svt 11- J.Jd ft-W: 'I. (V-nW'g name) WhOd- (—L-ich=W &M alldKWiZibg ZD MPreseaL Y�) to Rqwewm my prp� f., this aMhcgiw fx RB---� �61qb dwipdo (aaa hr mews and bow 6 dc*=iption if M"490-Y)! Pernm Date vfmwxttcxm POGO applicatiam— .6akHrioral NOTARY: STATE OF FLORMA A;Vlkxas sil� COUNTY Or-4 The famgolg gnom =kGowledpd before imdw y rrf r7 L-town to rm or Signaimeo(NoWy Public. Stawofflonda of I MISCELUNEGU5 RECEIPT RECEIPT k : 35533 P.EOPIP?' DATE : OS/:3512005 RRZF E V r, 3Y bol zb REC,J. FROM : ROBERT HOLERAN 4 1u'o.i i3Lr� IC6,2 NOTES FRY -IT LATE 05:05/2006 PR I."Ta TIME 10 _11 : 5 8 OP£RTPAR bO_2b COPY # I FEE Ir M0CP.ii THIS RCPT S1aSANTE ZC141NG-032 334a.CIO 3040 .00 a C.O� TrsRs -3C43,00 �304C 00 ,..0v Mfi' WX) OP PA MDA mums N DER ----------------- CHECK -1--- ---'-` 3040.00 ------------------ 550 F'IR..T SAATZ SANK TA.:, RsCEIP:' : 3040.00 300 nwm 40�Amo Date Vol� . _. DAM � i:067dW43RO. 08064.4A I I So 0 sgwn m MONROE COUNTY AF'FTDAVIT FOR ROGO AGENCY 1 hereby authorize: Paul Turicir & Jrevet Knaenen be listed as (Name of Agents)) Authorised agents for: RobertHoleman _ --- -----_ for the (Name of Owner) purpose of applying Kuhl aipaing tow the KOGO administrative rtficf application for my p-per(p. This authorization becomes effective on the dace this affidavit is notarized and shall remain in effect until terminated by the undersigned. This authorization acts as a durable power of attorney only for the purposes stated. The undersigned understands the liabilities involved in the granting of this agency and accepts full responsibility (thus holding Monroe County harmless) for any and all of the actions of the agents) named, related to the acquisition of permits for the aforementioned property owner - Authorized Signature NOTARY: STATE co- Cal: F Fhe f< niag irmMmene was ackrsowfedge 6eFare me this ATUAt'� dsy of by . fps. _._ (Name of t'crscns) for _.__.... ('rit(e of 3uttx>ri�ed Signature) (Company N&mc) My ccmRmksim eapirrs _------_—__ _ _------- Sivvm= of Nvmry Public ilemonAlh, Kjwwn or Pnxtucpl tdent4kaFian ��: L_._ � 7 - : ✓ - 3 Tt "� Type of ]dcntifcMi. t rndfux d Im Pq 1'-opert} nforriation lbi 1�77322 pavc I tyl, 2 ONLINE DATA CFN�rER RE(,<)RDsSFARcH NOPERTVINFOWMATIO's FOR: etitematcKcy:1577,022 RE T.btT: (Y)46Q94(J-0000W A$k OWNER OF RECORD PgiWf,RiY M tr R 31 "1 k 1 10 041 q I "P"', UW# 401 i NIVIK'Al. I (WAY101 UGAL DESCRIPTAg. 460630 40 "IS fAI.F (;R4X-P Pf Coot Map ")'IZC None L,n tom' Com LAID A RxA Pnnpe-j} fcIr I i?7C2? Page 2 1> 2 rf'arcel Value HistDry T,.� IWL i � I IR L.SD Jm EXL4Wrl,.%Or V-Ntftk F. ii .w lu I'm� <; Sk 1(l Psrcel Saks Hisibm N 0 1 f 1 9 Rf., mm t x I It r K - 4 11 R m I t 91 $ 1 (RVI Nil IN F n. H I 111 f XU -4 T If I DA 11 C4 I i Mr S k I t. f I W 1; 11.11 -kirm t PFIIF"kl 1;;Ir CAR O"if * Y1,411 T"VWXt'N' 11. 4J1*7klAt PY.(YJVA)S N41.E if M f-WE N'st Rt me."t HOOKIPAGE Vi,:w'['ax Colloctor Reimal ThLs Page has twen visiwd 2,309 times. m Commissioner Cues "Sonny" McCoy RESOLUTION NO?23 -2004 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DIRECTING MONROE COUNTY'S GROWTH MANAGEMENT DIVISION TO MONITOR, LIMIT ISSUANCE OF PERMITS FOR LAND CLEARING IN THE BEST INTEREST AND PROTECTION OF THE PUBLIC GOOD AND IDENTIFY TO THE LAND AUTHORITY FOR RECOMMENDED PURCHASE ALL SMALL PARCELS OF CNA AREAS THROUGHOUT MONROE COUNTY NOT COVERED BY "FLORIDA FOREVER" FUNDS. WHEREAS, it is the desire of its citizens to preserve as much of the indigenous hammocks and pine stands as possible, and WHEREAS, the large tracts of hammock area will be preserved for purchase by funds from "Florida Forever", and "WHEREAS, there is a threshold below which these funds may not be available; and WHEREAS, there is a stream of funds that could be available for the purchase of small parcels, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, THAT: Monroe County's Growth Management Division is hereby directed to: Closely monitor those small parcels in the CNA areas to prevent un-permitted clearing. 2. Limit the issuance of permits for land clearing so that the best interests of the public good, including the encouragement of building affordable housing, are protected. Identify these small parcels, not covered by the "Florida Forever Funds" to the band Authority for recommended purchase. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County this Uth day of June, 2004, 3 Mayor Murray Nelsons ;'rry Mayor Pro Tern David P. Rice. yes rn . Commissioner Charles "Sonny„ McCoys CZ) `--'3 tv G Commissioner George Neugent yeses,,- ,Q � Commissioner Dixie Spehar— D 340 (SEAL) BOARD OF COUNTY COMMISSIONERS OF CA Attest: Danny L. KoDlhage, Clerk MONROEA;j FLORIDA B By: Dep Clerk MONROE COUNTY ATTORNEY MAYOR AP�P�QV�FQRM: JOHN R. COLUNS a J COUNTY Y ATTORNEY Date ON RESOLUTION NO. --2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY ROBERT HOLEMAN ON PROPERTY DESCRIBED AS LOT 2, BLOCK 18, LARGO SOUND PARK HAVING RE# 00469940.000000 IN THE FORM OF PURCHASE OF THE PROPERTY BY THE MONROE COUNTY LAND AUTHORITY. ''WHEREAS, Robert Holeman submitted an application for administrative relief under § 9.5-122(f) of the Monroe County Land Development Regulations; and VaMREAS, the Monroe County Board of County Commissioners makes the following findings of fact and conclusions of law: Robert Holeman's application for administrative relief is for Lot 2, Block 18, Largo Sound Parr, in Monroe County, Florida having RE# 00469840.000000. 2. The date of the ROGO application is 4/10/2003. 3. The ROGO allocation application has been in the ROGO 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. MCC § 9.5-122.2(f) 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 § 9.5-122.2(f)(6) 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 5/5/2006, under § 9.5- 122.2(f) of the Monroe County Code (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. 8. The subject property has the land use district designation of Improved Subdivision (IS), is located in the Largo Sound Park Subdivision and is environmentally sensitive. 9. Board of County Commissioners Resolution #223-2004 directs staff to identify small parcels with indigenous hammock or pinelands that are ineligible for purchase by. the State with Florida Forever funds, limit the issuance of permits for clearing on said parcels, and recommends said parcel for purchase by the Monroe County Land Authority. 10, The subject property is in an area of indigenous moderate quality hammock and is designated as Tier 3 in the proposed Tier system. ADmfNisnATFVB RELmF RMLUTioN FOR P€3RmAsE Page 1 of 2 HmFmAN, LOT 2, BLOCK 19, RE# 00469840,000000 MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to be caring, professional and fair To: Board of County Commissioners Through: Aref Joulani Senior Director of Planning & Environmental Resources From: Julianne Thomas, Planner David DaSilva, Biologist Date: May 4, 2007 RE: Administrative Relief forRobert Holeinan, RE# 00469850.000000 1 I. BACKGROUND 3 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 4 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 5 annual allocation periods and having submitted their application for Administrative Relief no earlier than 6 the third annual allocation period and no later than ninety (90) days following the close of the fourth 7 allocation. period. 8 9 Date Entered ROGO: April 10, 2003 10 11 Date Entered Administrative Relief: May a, 2006 12 13 ROGO Score: 22 14 15 Planning. 14 16 . (+1 p) Infill 17 . (+) Lot Aggregation 18 . (+4) Perseverance 19 .Building: 7 20 + (+1) Flood Zone X 21 • (+4) Water/Energy Conservation, 22 • (+2) Structural integrity 23 Environmental: 1 24 • (+l) Group 1 26 27 28 29 Page 1 of 2 Reviewed by �C W:IGROWTH MANAGEMENT,Non Geographic Projectsa0G01Adm Reliefl2007 May B000Special App, +Holeman 03300394\Holeman850 Staff Reportpurchase.doc 1 II. CURRENT CONDITIONS 2 3 Location: Lot 3, Block 18 Largo Sound Park RE# 00469850.000000 4 5 Owner; Robert Holeman 6 7 Applicant/Agent: Paul Turick 8 9 Land Use District: Improved Subdivision — Masonry (IS) FLUM: Residential Medium (RM) 10 Proposed Tier: III 11 12 2006 Taxable Value: $12,525.00 Purchase Price in 2002: $21,500.00 13 14 III. LEGAL ELIGIBILITY AND OPTIONS 15 16 Eligibility for Administrative Relief Options: 17 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 18 2010 Comprehensive Plan provides a mechanism whereby an application which has not received an 19 allocation award in ROGO may apply to the Board of County Commissioners for Administrative Relief. 20 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 21 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 22 annual allocation periods and having submitted their application for Administrative Relief no earlier than 23 the third annual allocation period and no later than ninety (90) days following the close of the fourth 24 allocation period. 25 26 Relief Options under Administrative Relief: 27 The remedies available to an application for Administrative Relief pursuant to Section 9.5-122.2(f)(6) 28 include issuance of one (1) ROGO allocation awarded, just compensation by purchase of the property, or 29 such other relief as may be necessary or appropriate. 30 31 The subject property does contain sensitive environmental features or significant habitat for endangered 32 or threatened species. It therefore does meet the criteria established under the existing Policy 101.6.6 33 and Policy 102.4.2, or the proposed Policy 101.6.5 of the Year 2010 Comprehensive Plan for the 34 purchase of property under Administrative Relief. This parcel is separated from high quality hammock 35 by a paved road, and has moderate quality hammock. 36 37 The applicant has requested administrative relief in the form of a granting of one (1) ROGO allocation 38 and has not expressed a desire to sell the property to the County as provided for under Policy 101.6.1 of 39 the Year 2010 Comprehensive Plan. 40 41 IV. RECOMMENDATIONS 42 43 It is recommended that the Board of County Comrnissioners find that the applicant has met the criteria 44 and qualifies for Administrative Relief and a Resolution be prepared for purchase of the subject property 45 by Monroe County Land Authority. Page 2 of 2 Reviewed by C1)ocuments and Settings`.thornas-juliann6My Documents\AdminRelief Staff Report ALLOCATION.doc 12. This parcel is separated from high quality hammock by a paved road, and has moderate quality hammock. if an allocation is approved, this parcel will require a Habitat Evaluation Index prior to construction, and a Grant of Conservation Easement Preserving 40% of the Parcel shall be recorded prior to the issuance of a building permit. 13. The Applicant has been in the ROGO system for three of the last four annual allocation periods and therefore qualifies for administrative relief. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMNSSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to Robert Holeman, for Lot 3, Block 18 Largo Sound Park in the form of a dwelling unit 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 of the Monroe County Year 2010 Comprehensive Plan and as required by Section 9.5-122.2(f) of the Monroe County Code. 2. This parcel will require a Habitat Evaluation index prior to construction, and a Grant of Conservation Easement covering 40% of the parcel shall be recorded prior to the issuance of a building permit. 3. The allocation award shall be taken out of the next quarterly allocation which occurs on July 13, 2007 or next available allocation period. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 21 " day of May, 2007, Mayor Mario Di Gennaro Mayor Pro Tem, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Mario Di Gennaro (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK � oAPpo�S fORM ADmIa,€ smATwE RELmF RESOL€JTioN Page 2 of 2 HmEmAN, LOT 3, t:3LoeK 18 LARoo 8oLND PARK RE# 00469850.000000 ADMINISTRATIVE RELIEF IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION 'IVA RESOLUTION NO. 2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY ROBERT HOLEMAN ON PROPERTY DESCRIBED AS LOT 3, BLOCK 18 LARGO SOUND PARK HAVING RE# 00469850.000000 IN THE FORM OF PURCHASE OF THE PROPERTY BY THE MONROE COUNTY LAND AUTHORITY. WHEREAS, Robert Holeman submitted an application for administrative relief under § 9.5-122(f) 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. Robert Holeman's application for administrative relief is for Lot 3, Block 18 Largo Sound Park in Monroe County, Florida having RE# 00469850.000000. 2. The date of the ROGO application is 4/10/2003. 3. The ROGO allocation application has been in the ROGO system for at least four (4) consecutive years and qualities for administrative relief under Policy 101.6.1 of the Monroe County Year 2010 Comprehensive Plan. 4. MCC § 9.5-122.2(f) 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 §9.5-122.2(f)(6) 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 515/2006, under §9.5-122.2(f) of the Monroe County Code (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. 9. The subject property has the land use district designation of Improved Subdivision (IS), is located in the Largo Sound Park Subdivision and is environmentally sensitive. 9. Board of Country Commissioners Resolution #223-2004 directs staff to identify small parcels with indigenous hammock or pinelands that are ineligible for purchase by the State with Florida Forever funds, limit the issuance of permits for clearing on said parcels, and recommends said parcel for purchase by the Monroe County Land Authority. I0. The subject property is in an area of indigenous moderate quality hammock and is designated as Tier 3 in the proposed Tier system.. ADmw15TRATVa RELIEF RESOLUTION FOR PURCHASE Page 1 of 2 HOLEMAN, LOT 3, BLOCK 19 REE# 60469850.000W0 11. The property does qualify under criteria established by Resolution #223-2004 for purchase by the Monroe County Land Authority of small parcels with indigenous hammock and pinelands. 12. The Applicant has been in the ROGO system for three of the last four annual allocation periods and therefore qualifies for administrative relief. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: 1. Robert Holeman has met the requirements to receive administrative relief for Lot 3, Block 18 Largo Sound Park having RE# 00469850.000000. In accordance with Policy 101.6.5, 101.6.6 and BOCC Resolution 223-2004, the appropriate form of administrative relief for this application is an offer to purchase. The issuance of a ROGO allocation would be inconsistent with the Monroe county year 2010 Comprehensive Plan and BOCC Resolution 223- 2004. The Monroe County Land Authority is requested to have the subject property appraised and subsequently make an offer to purchase. 4. In the event Applicant declines the above referenced offer, Applicant will retain the right to remain in the ROGO system and continue competing for an allocation. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of 2007. Mayor Mario Di Gennaro Mayor Pro Tern, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 10 (SEAL) Mayor Maria Di Gennaro RNROE COUNTY ATTORNEY ATTEST: DANNY L. KOLHAGE, CLERK APPROVEDAS TO FOR* Dale: — cr DEPUTY CLERK ADMrNBTRATIvB RELIEF RFsOLunoN FOR PURCHASE Page 2 uC 2 HmEMAN, LoT 3, Bwm 19 RE# 0040850.000000 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: _ _ May 21, 2007 Division: Growth Management Bulk Item: Yes No X Department: Planning and Env. Resources Staff Contact Person: Julianne Thomas AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for Robert Holeman on Lot 3, Block 18 Largo Sound Park RE# 00469850.000000. ITEM BACKGROUND: A building permit was applied for on January 30, 2003 and a ROGO application was applied for on April 10, 2003. The applicant applied for administrative relief on May 5, 2006 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. Staff recommends that administrative relief be approved in the form of purchase by the Land Authority. Please note that the applicant does not have to accept this relief and may stay in the ROGO system to receive an allocation. If the BOCC should determine that administrative relief should be granted in the farm of an allocation, a resolution has been provided which provides an allocation and requires a Habitat Evaluation. Index along with a Grant of Conservation Easement for a portion of the Lot. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval in the form of purchase by the Land Authority. TOTAL COST: N/A COST TO COUNTY: N/A BUDGETED: Yes N/A No SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management N/A DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # pm omARTUBW UILY kw A"LJCAT14MNFOR %�4 �:v ADMMSTRATWE RELEEF 4Ppjitmm i4, -- O*mw APP6wntc�s liana;' - -!2,T-.- A;v,�t., muung adkkmc ga L-reS�h�1f 3� Qwnev's noun (if A"Ikaw a UA owna; - Admw. 3so. a�!! N2 �f—'r kA]94Q (Pkase a>och . =..m 4wbxw" tqnmnmtm of Otis 4*kab— by — -b- a- Y—It Th. ttamnw= Jwwk remi- 'I. (OVAUes: Dararcl *== = auffi*Azmg in fqwesag you) to raprexm wy pcopwty fcx O�m appbcwioa kw REI- 00 Y6C- L=jp. 4eseripum faawh owim Lad b&Lo,% dm=Pwm if 1-Al2&e> -So L>Qlt� 'FlAW Dice ofm:,s, mmat RCGO qVficom VA*c " of Rdmins=vive i*W m yw IcWn NCrTAP Y: STATE OF FLCWMA AM4c*nts IWUVZI( CDV.4T'Y OP Tee t�!V—g Sigmftc= was xctaowkdged befum rr,- this —t;4n of iF pomaxllv kMCm-M Eo Mt tr PTO J, Maas &gna= of NOMY NbliC, SUIc Of FlOddA MONROE COUNTY AFFIDAVIT FOR ROGO AGENCY t hereby authorize: Paul Turick & Jovice )Grieves be fisted as (Name of Agent(s)) - Authorized agents for - Hobert Holeman _ _- for the (Name of Owner) Purpose of applying arrd signing for the ROGO sdrainimadve relief vplication for my P-PeTty- This unhorization becomes effective on the date this affidavit is notarized and shall remain in effect until terminated by the undersigned. This authorization acts as a durable power of attorney only for the purposes stated. The undersigned understands the liabilities involved in the granting, of this agency and accepts full responsibility (thus holding Morin County harmless) for any and all of the actions of the agents) named, related to the acquisition of pernuts for the aforementioned property owner_ f Auth�gnature NOTARY: STATE OF COUNTY OF J r14/ Tics fc t grrirrg inmrumew was aeimowtrdge 6rfort me this day of by (Name of Person) (Tack of AuthcxUD4 Siprumne) (Compaay Name) My cormission cxpirov __._ Sit== of Notmv Public Pcrso.[W K,ro n, or Produced Idmuf3caSon _ (. ( rF ¢ { • �{E 3 t �J Type of ldrarraficatSon Produced rly cv :,.ril 3a 1 c€ 1 R-CEIPT 4 65533 RECR1PT DAT3 05/05/2CC6 MONROE COUNTY ***LIVE'** MISCELLANEOUS ;ZECEIP- RECEIt,--) BY : bolzb REC'D. FROM ROBERT P_OIEMAN DF 105.1 VDF 106.1 NOTES FEE ID Ai40i7N S �t)NIt7G- 032 304 0 .OA p3040-00 METHOD Cr PAYMENT AMOUNT - ---------------------------- ChECR 3040.00 IAL RECEIPT I. gym«=304e¢GO m PRINT DA_fl 05/05/2fiD6 Pitlt3T T"ME 10:11:58 OPERATCR bolzb COPY # 1 CA-H DWk-dER; 3 THIS RCPT BALANCE -- ---3040.0Q0.00 a3040sCC Q�r�0.00 t7.'MBER ------------------ 550 FIRST STATE BANK s:E36 �FlClt �x.36 8C#6 i3 i t 5l* as SO Pf,',Nrr1nfo=36<,n 1ti,r f j770,1 A2 W F :5" ON-LINE DATA CENTER Al, Ri.,coRns SEmic PR45PERTI PWO"IATION FDR; Altvc Key: 1577011 P.F Numher 0G464S50-00(xy.W) pig% C-I lx"aTM% M Y -kkW Ur 'M " 1 1 1 -RK N 0 1.) St abt\ LsJUN. I � V�RK li I AMI Mlt,L,dA'. 1"'am f Rl I'll I IA' [AID U�-F ( tho -SIM r tlOIARF-4 no lk et 1. 4,'2007 I'lr "S 7 7031 past! � If, Fax Rm. v EAst Mi ri rw\c, UcK kfll1; aaCrs Fr Ins., 0 Parcef sit" lbstor, Nf;ip -Ojkrqtl f ktn Rj f'lrjf Ft! Mr) 11) R.Et, "f,,Ik,WUfNp tkow"4Z D'If ,I 't t, F, PlirkSt LI, r w F Ffmi "t rrWx r�- IT, f t R.4 Tc r3FixUL RECVRM Boo* MAGC )l%TRLMFS-r This page has been vicicd 2,3U9 timc, M 0! 1, 4,22 00 1 Commissioner Chades " A=y " McCoy RESOLUTION NW 23 -2004 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DIRECTING MONROE COUNTY'S GROWTH MANAGEMENT DIVISION TO MONITOR, LIMIT ISSUANCE OF PERMITS FOR LAND CLEARING IN THE BEST INTEREST AND PROTECTION OF THE PUBLIC GOOD AND IDENTIFY TO THE LAND AUTHORITY FOR RECOMMENDED PURCHASE ALL SMALL PARCELS OF CNA AREAS THROUGHOUT MONROE COUNTY NOT COVERED BY "FLORIDA FOREVER" FUNDS. WHEREAS, it is the desire of its citizens to preserve as much of the indigenous hammocks and pine stands as possible, and WHEREAS, the large tracts of hammock area will be preserved for purchase by funds from "Mori da Forever", and WHEREAS, there is a threshold below which these funds may not be available; and WHEREAS, there is a stream of funds that could be available for the purchase of small parcels, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, THAT: Monroe County's Growth Management Division is hereby directed to: Closely monitor those small parcels in the CNA areas to prevent un-permitted clearing. 2. Limit the issuance of permits for land clearing so that the best interests of the public good, including the encouragement of building affordable housing, are protected. 3. Identify these small parcels, not coverers by the "Florida Forever Funds" to the Land Authority for recommended purchase. PASSED AND ADOPTER by the Board of County Commissioners of Monroe County this ifith day of June, 2004. Mayor Murray Nelsonyaas X O Zo ' C �^- rn Mayor Pro Tern David P. Rice_ n ? -yes Commissioner Charles "Sonny" mcCoy_yes c N G Commissioner George Neugent yes Commissioner ., f Dixie Spehar —rn _Yes (SEAL) BOARD OF COUNTY COMMISSIONERS OF Attest: Danny L. lhrge, Clerk MONROE C , FLORIDA E B; By: Clerk MONROE GOtlNTY RT�ORNEY MAYOR APP OV�I`flRM: q �� J©HN R. Cr%1 I WO COUNTY i�atQ. _ LLB 4 I 1 ATTORNEY , _ RESOLUTION NO. —2007 A RESOI..UTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY ROBERT HOLEMAN ON PROPERTY DESCRIBED AS LOT 3, BLOCK 18 LARGO SOUND PARK, RE# 00469850.000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Robert Holeman submitted an application for administrative relief under See. 9.5-122(f) of the Monroe County Land Development Regulations; and "EREAS, the Monroe County Board of County Commissioners makes the following findings of fact and conclusions of law: Robert Holeman's application for administrative relief is for Lot 3, Block 18 Largo Sound Park in Monroe County, Florida having RE# 00469850.000000. 2. The date of the ROGO application is April 10, 2003. 3. The ROGO allocation application has been in the ROGO 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. MCC Section 9.5-122.2(f) 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 9.5-122.2(f)(6) 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 May 5, 2006, under Section 9.5-122.2(f) of the Monroe County Code (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. 8. The subject property has the land use district designation of Improved Subdivision - Masonry (IS-M), is located in the Lot 3, Block 18 Largo Sound Park and is not environmentally sensitive. 9. Board of County Commissioners Resolution #223-2004 directs staff to identify small parcels with indigenous hammock or pinelands. 10. The subject property is not in an area of indigenous hammock or pinelands. 11. 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. 12. The Applicant has been in the ROGO system for three of the last four annual allocation periods and therefore qualifies for administrative relief. ADW,,'IS RATIVE RELIEF RESOLUTION Page 1 of 2 HOLEMAy, Lor 3. B€.oc'K 18 LARGO SOUND PARK RE# ON69850.000000 Protected NTY joONRQE A AOL, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to he caring, professional rind fair To: Board of County Connrnissioners Through: Aref Joulani Senior Director of Planning & Environmental Resources From: Julianne Thomas, Planner David DaSilva, Biologist Date: May 4, 2007 RE: Administrative Relief forRobert Holetnan RE# 00469860.000000 I. BACKGROUND 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 (4) 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 allocation period, Date Entered ROGO: April 10, 2003 Date Entered Administrative Relief: May 5, 2006 ROGO Scare: 22 Planning: 14 (+10) infill + (+) Lot Aggregation + (+4) perseverance Building: 7 + (+1) Flood Zone X + (+4) WaterTnergy Conservation, + (+2) Structural Integrity Environmental: I + (+1) Group I Page i of 3 Reviewed by ctt63 W:iGROWTH MANAGEMENTlNon Geographic ProjectsaOG0'Adm Relicf,,2007 May BOCC;Special Apps',Holeman 03300346,Holeman860Staff Reportpurchase.doc 1 11. CURRENT CONDITIONS 2 3 Location: Lot 4, Block 18, Largo Sound Park,RE# 00469860,000000 4 5 Owner: Robert Holeman 6 7 Applicant/Agent: Paul Turick 8 9 Land Use District: Improved Subdivision -Masonry (IS - M) FLUM: Residential Medium (RM) 10 Proposed Tier: Ill 11 12 2006 Taxable Value: S 12,525.00 Purcbase Price in 2002: $21,500.00 13 14 III. LEGAL ELIGIBILITY AND OPTIONS 15 16 Eligibility for Administrative Relief Options: 17 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 18 2010 Comprehensive Plan provides a mechanism whereby an application which has not received an 19 allocation award in ROGO may apply to the Board of County Commissioners for Administrative Relief. 20 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 21 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 22 annual allocation periods and having submitted their application for Administrative Relief no earlier than 23 the third annual allocation period and no later than ninety (90) days following the close of the fourth 24 allocation period. 25 26 Relief Options under Administrative Relief: 27 The remedies available to an application for Administrative Relief pursuant to Section 9.5-122.2(f)(6) 28 include issuance of one (1) ROGO allocation awarded, just compensation by purchase of the property, or 29 such other relief as may be necessary or appropriate. 30 31 The subject property does contain sensitive environmental features or significant habitat for endangered 32 or threatened species. It therefore does meet the criteria established under the existing Policy 101.6.6 33 and Policy 102.4.2, or the proposed Policy 101.6.5 of the Year 2010 Comprehensive Plan for the 34 purchase of property under Administrative Relief. This parcel is separated from high quality hammock by 35 a paved road, and has moderate quality hammock. 36 37 The applicant has requested administrative relief in the form of a granting of one (1) ROGO allocation 38 and has not expressed a desire to sell the property to the County as provided for under Policy 10I.6.1 of 39 the Year 2010 Comprehensive Plan. 40 41 IV. RECOMMENDATIONS 42 43 It is recommended that the Board of County Commissioners find that the applicant has met the criteria 44 and qualifies for Administrative Relief and that a Resolution be prepared for purchase of the subject 45 property by Monroe County Land Authority. 46 47 Page 2 of 3 Reviewed by W:',GROWTH MANAGEMENT Non Geographic ProjectslROGOIAdtn Relieft2007 May BOCC,Special AppsiHoleman 033003961Haletmn8605taff Reportpurchase.doc 6UN-TY ORMONRO .IOrwfss; k-f ADMINISTRATIVE RELIEF IN THE FORM OF PURCHASE OF THE PROPERTY BY THE MONROE COUNTY LAND AUTHORITY RESOLUTION NO. 2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY ROBERT HOLEMAN ON PROPERTY DESCRIBED AS LOT 4, BLOCK 18, LARGO SOUND PARK,RE# 00469860.000000 IN THE FORM OF PURCHASE OF THE PROPERTY BY THE MONROE COUNTY LAND AUTHORITY. WHEREAS, Robert Holeman submitted an application for administrative relief under §. 9.5-122(f) 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. Robert Holeman's application for administrative relief is for Lot 4, Block 18, Largo Sound Park, in Monroe County, Florida having RE# 00469860,000000. 2. The date of the ROGO application is 4/10/2003. 3. The ROGO allocation application has been in the ROGO 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. MCC § 9.5-122.2(f) 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 § 9.5-122.2(f)(6) 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 5/5/2006, under § 9.5- 122.2(f) of the Monroe County Code (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. 8. The subject property has the land use district designation of Improved Subdivision (IS), is located in the Largo Sound Park Subdivision and is environmentally sensitive. 9, Board of County Commissioners Resolution #223-2004 directs staff to identify small parcels with indigenous hammock or pinelands that are ineligible for purchase by the State with Florida Forever funds, limit the issuance of permits for clearing on said parcels, and recommends said parcel for purchase by the Monroe County Land Authority. 10, The subject property is in an area of indigenous moderate quality hammock and is designated as Tier 3 in the proposed Tier system. ADMAriSTRATWE RELIEF REsoL moh Page 1 of 2 HOLEMAN, LOT 4, $LOCK 18,RE4 OW9860.000WO 11. The property sloes qualify under criteria established by Resolution #223-2004 for purchase by the Monroe County Land Authority of small parcels with indigenous hammock and pinelands. 12. The Applicant has been in the ROGO system for three of the Iast four annual allocation periods and therefore qualifies for administrative relief. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Robert Holeman has met the requirements to receive administrative relief for Lot 4, Block 18, Largo Sound Park,RE# 00469860.000000. 2. In accordance with Policy 101.6.5, 101.6.6 and BOCC Resolution 223-2004, the appropriate form of administrative relief for this application is an offer to purchase. The issuance of a ROGO allocation would be inconsistent with the Monroe county year 2010 Comprehensive Plan and BOCC Resolution 223- 2004. 3. The Monroe County Land Authority is requested to have the subject property appraised and subsequently make an offer to purchase. 4. In the event Applicant declines the above referenced offer, Applicant will retain the right to remain in the ROGO systems and continue competing for an allocation. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of 2007. Mayor Mario Di Genaro Mayor Pro Tern, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) Mayor Mario Di Gennara ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK A€?M NISTRATVE RELIEF kEsownoN HOLEMA.N, LOT 4, BLOCK 18,RE# 00469860,WOD00 Maur n rrr� o"ar��r , APP{�p �p S Ff3R� Page 2 of 2 ADMINISTRATIVE RELIEF IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD RESOLUTION NO. 2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY ROBERT HOLEMAN ON PROPERTY DESCRIBED AS LOT 4, BLOCK 18, LARGO SOUND PAWRE# 00469860.000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Robert Holernan submitted an application for administrative relief under Sec. 9.5-122(f) 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. Robert Holeman's application for administrative relief is for Lot 4, Block 18, Largo Sound Park in Monroe County, Florida having RE# 00469860,000000, 2. The date of the ROGO application is April 10,2003. 3. The ROGO allocation application has been in the ROGO 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. MCC Section 9.5-122.2(f) 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 9.5-122.2(f)(6) 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 May 5, 2006, under Section 9,5-122.2(f) of the Monroe County Code (MCC) and Policy 101.6.1 of the 2010 Comprehensive Plan. 7. Policy 101 A5 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. 8. The subject property has the land use district designation of Improved Subdivision - Masonry (IS-M), is located in the Lot 4, Block 18, Largo Sound Park and is environmentally sensitive. 9. Board of County Commissioners Resolution #223-2004 directs staff to identify small parcels with indigenous hammock or pinelands. 10. The subject property is not in an area of indigenous hammock or pinelands. 11. The property does qualify under criteria established by Resolution #223-2004 for purchase by the Monroe County Land Authority of small parcels with indigenous hammock and pinelands. 12. This parcel is separated from high quality hammock by a paved road, and has low quality hammock. This parcel will require a Habitat Evaluation Index AUmiNisr2nTwE REtaF RESOLUTfON Page 1 of 2 R46$R? fICiI.FMRN, for 9, BLaCXC 18, LAP SOUND PARK RE# OW9860.(00W prior to construction, and a Grant of Conservation Easement Preserving 40% of the Parcel shall be recorded prior to the issuance of a building permit. 13. The Applicant has been in the ROGO system for three of the last four annual allocation periods and therefore qualifies for administrative relief, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to Robert Holeman, for Lot 4, Block 18, Largo Sound Park in the form of a dwelling unit allocation award, subject to the following conditions: I. 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 9.5-122.2(f) of the Monroe County Code. 2. This parcel will require a Habitat Evaluation Index prior to construction, and a Grant of Conservation Easement Preserving 40% of the Parcel shall be recorded prior to the issuance of a building permit. 3. The allocation award shall be taken out of the next quarterly allocation which occurs on July 13, 2007 or next available allocation period. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 21" day of May, 2007. Mayor Mario Di Gennaro Mayor Pro Tern, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 1yj (SEAL) Mayor Mario Di Gennaro ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK MONRDE COUNTY AWQRNEY t IVPPR Q AS ID,W ADD-;NisTRATrvE RELmF REsoLu noN Page 2 or 2 ROBERT HOLEMAN, LoT 4, BLOcK 18, LARoo SouND PARK,RE# 00469860.000000 APPLICATION FOR ADNOWLSTRATIVE RELIEF Applis is: AudxmRCPLesemaUVC Aqphc4n(&majUmgxddm" 2-12 Dwvct's Mime fir app&-au is aaawrgr): -Rr>V--A-1 -T .'Please amuh I llllllexet --Lbwizmg zqxr*m"Ca of Phis appkica6m by BGMOOM Cd— Lh= YOU— nIf- = RNA==' Ibmw lead 't (DWWYK name) I w6wizing to re-Presew you) io remftm ray propery for this Vpkxion far=l="t.7 Leo description fxuwh artts ud bQwWs 4cr--mpjjop if D= of rust rexal RnGO Vplication: Whtt kindof admia=wiw m4jel are you seeldrg, r-�I.dUI IT Additiona NOTA3M STATE OF FLCWM4 COUN" The foregoing signamm waz btfaae.rnc this -; �; -day of Yl -,114 1-, "Z1 Who ts POTSOnally Lot-% to me or prodweij VV Z- t UVI Sipal= of Notary Public, ftft of Flonda MONROE COUNTY AFFIDAVIT FOR ROGO AGENCY f here -by authorize Paul Turick & .levee Kamen be listed as (Flame of Ageat(s)) Authorized agents for: Robert Holeman for the Game of OAmer) Purpose cif applying sud signing for aw ROGO administrutire reficf applicatiun for my PmPerty- This authorization becomes effective on the date this affidavit is notarized and shall remain in effect until terminated by the undersigned. This and wizatim acts as a durable power of attorney only far tic purposes stated_ The undersigned understands the liabilities involved in the granting of this agency and accepts full responsibility (thus }soloing Monroe County harmless) for any and all of the actions of the agent($) named, related to the acquisition of permits for the aforementioned property owner. r Au Signature NOTARY STATE OF OZ�rc_ coui, Ti' C1F f. t t j the fotegnrng iaaatrmertt ryes scicrcnv3edet betb�re ma this by (Flame of Person) for (Title of AiR}.d.d signal=) (Cumpmy NUM) My Cib=13''W" expires Segnarure of Nvtar}• Public --- Pcruxixlly Known _ ar Prnduud ldertificatinn �'r r �i i?pe of IdentifeCbtion PrCKWC i RECE PT vATE CS:`31, 2i3�5 �^.BRIi'?' _H'w _:_::1__•e'~ nR tK i:G COPY ft RECE:._, BY 4EC'D. FROM hal« R3STR7 :ASH DRA-rrER: 3 jD ib- UDr i' 6G 2 . I .,-----A Ay..C��}IT 7riSS R=YPT f3A7J,NCE 20 SY;-u3� 3�43.LC 3040 C-C, -- .OS ME'rliOD Oi PAYMZNT A.40LT.%l ti f2FR ` vCe{ -. K __3w4D.C'C 350 FIRST SATE aA,,Tft r �1 R_CSIF^ G�3C4}jC•C �1,rCC'�. Lam TAA3 SOU 370iF�IWf6 e�.&16�is1-i�t i�l f,eaaa to ndw � S c CzAmn Aay wme _ EtFI& ?CfQC1L 3$r; CiBL��is. } 3 � 1 �� f3 5 SL] PIN In P7("PertY lflf=tatwn !Ot ;577£r-#8 Pmpen, Drt-�16 Ow'% I x f4 R ym= :9A wa'l K I 31i I I I IRD RF,Al) ppt V I IO'l PH11" It L(X Al R).N KI � L.UtO) SIJ, 1!) PAKK MO-1 olk; 40 iST %[M L,11, USE Cwx Map 1470 Nvnc r srna;i r Ejcdicjm r. !.arsv. L"U'LRIA 1* 1 P4.,2(07 Page of ------------ U DM, Lkr- LN F'�fpnl t.�N "�j M*Roh c4Ems 11 'S� NCLE InNI. 1 low M3 FP2rCeISaks Hisron Si IT. D., rp OV'Ht VLL PJ'7qj1'5 115IRI 'IVvt 'A L� View Tax-Callc�cor Record ,,is page Us bcn vkiled -JQ9 I'm", m htip:-';"-,vwjncpajj 1,14,2(07 Commissioner Chmies -Sonny- McCoy RESOLUTION N0�23 -2004 A RESOLUTION OF THE BOARD OF COUNTY COMNIISSIONERS OF MONROE COUNTY, FLORIDA, DIRECTING MONROE COUNTY'S GROWTH MANAGEMENT DIVISION TO MONITOR, LIMIT ISSUANCE OF PERMITS FOR LAND CLEARING IN THE BEST INTEREST AND PROTECTION OF THE PUBLIC GOOD AND IDENTIFY TO THE LAND AUTHORITY FOR RECOMMENDED PURCHASE ALL SMALL PARCELS OF CNA AREAS THROUGHOUT MONROE COUNTY NOT COVERED BY "FLORIDA FOREVER" FUNDS. WHEREAS, it is the desire of its citizens to preserve as much of the indigenous ham ock$ and Pine stands as possible, and "WHEREAS, the large tracts of hammock area will be preserved for purchase by funds from "Florida Forever", and WHEREAS, there is a threshold below which these funds may not be available; and WHEREAS, there is a stream of funds that could be available for the purchase of small parcels, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, THAT: Monroe County's Growth Management Division is hereby directed to.. Closely monitor those small parcels in the CNA areas to prevent un-permitted clearing. Limit the issuance of permits for land clearing so that the best interests of the public good, including the encouragemem of building affordable housing, are protected. 3. Identify these small parcels, not covered by the "Florida forever Funds" to the Land Authority for 1ecommended purchase. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County this,.Wth day of .tune, 2004. Mayor Murray Nelsons� rr, Mayor Pro Tern David P. Rice_ye- �. Commissioner Charles "Sonny" McCoy_res Coftnissioner George Neugent yes ? c M Commissioner Dixie Spehar. yam, � o � (SEAL) BOARD OF COUNTY COMMISSIONERS OF can B : Attest: Danny L. lhage, Clerk MONROE C , FLORIDA By: E pep Clerk MONROE COUNTY ATTORNEY MAYOR RPP�f O�V AS TO FORM: J©HN R. COLL 110 ATTORNEY COUNTY, 9rTos .�... BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: August 15 2007 Division: Growth Management Bulk Item: Yes — No X Department:_ Planning and Env. Resources Staff Contact Person:Tiffany Stan kiewicz/Ralph Gouldy AGENDA ITEM WORDING: A public hearing to reconsider a request for Administrative Relief for Robert Holeman on Lot 4, Block 18, Largo Sound Park, Key Largo RE# 00469860.000000. ITEM BACKGROUND: A building permit was applied for on January 30, 2003 and a ROGO application was applied for on April 10, 2003. The applicant applied for administrative relief on May 5, 2006 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. Staff recommends that administrative relief be approved in the form of purchase by the Land Authority. Please note that the applicant does not have to accept this relief and may stay in the ROGO system to receive an allocation. If the BOCC should determine that administrative relief should be granted in the form on an allocation, a resolution has been provided which provides an allocation and requires a Habitat Evaluation Index along with a Grant of Conservation Easement for a portion of the Lot. PREVIOUS RELEVANT BOCC ACTION: The Board of County Commissioners considered the Administrative Relief request May 21, 2007. The Board adopted Resolution 202-2007 approving the Administrative Relief request in the form of purchase of the property by the Monroe County Land Authority. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Re -affirm approval in the form of purchase by the Land Authority. TOTAL COST: N/A COST TO COUNTY: N/A BUDGETED: Yes N/A No SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes _ No _ AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management N/A DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # RESOLUTION NO. —2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY ROBERT HOLEMAN ON PROPERTY DESCRIBED AS LOT 4, BLOCK 18, LARGO SOUND PARK, KEY LARGO RE# 00469860.000000 IN THE FORM OF PURCHASE OF THE PROPERTY BY THE MONROE COUNTY LAND AUTHORITY. WHEREAS, Robert Holeman submitted an application for administrative relief under Sec. 9.5-122(f) of the Monroe County Land Development Regulations; and WHEREAS, this matter was heard at the May 21, 2007 Special meeting of the Board of County Commissioners at which meeting the Board adopted resolution 202-2007 recommending purchase of the property as administrative relief, and WHEREAS, the applicant has requested a rehearing of this application; and WHEREAS, the applicant was given an opportunity to be heard; and WHEREAS, the Monroe County Board of County Commissioners makes the following findings of fact and conclusions of law: 1. Robert Holeman's application for administrative relief is for Lot 4, Block 18, Largo Sound Park, in Monroe County, Florida having RE# 00469860.000000. 2. The date of the ROGO application is 4/10/2003. 3. The ROGO allocation application has been in the ROGO 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. MCC Sec. 9.5-122.2(f) 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 Sec. 9.5-122.2(f)(6) 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 5/5/2006, under Sec. 9.5- 122.2(f) of the Monroe County Code (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. 8. The subject property has the land use district designation of Improved Subdivision (IS-M), is located in the Largo Sound Park Subdivision and is environmentally sensitive. ADMINISTRATIVE RELIEF RESOLUTION HOLEMAN, LOT 4, BLOCK 18,RE# 00469860.000000 Page 1 of 2 9. Board of County Commissioners Resolution #223-2004 directs staff to identify small parcels with indigenous hammock or pine stands and limit the issuance of permits for clearing on said parcels. This parcel is within the Florida Forever boundaries and is deemed appropriate for acquisition. 10. The subject property consists of solid canopy of native hardwood hammock trees and is designated as Tier 3-A (Special Protection Area) in the proposed Tier system. 11. The property qualifies under criteria established by Resolution #223-2004 for purchase by the Monroe County Land Authority on behalf of Monroe County when granting administrative relief. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Robert Holeman has met the requirements to receive administrative relief for Lot 4, Block 18, Largo Sound Park, Key Largo RE# 00469860.000000. 2. In accordance with Policy 101.6.5, 101.6.6 and BOCC Resolution 223-2004, the appropriate form of administrative relief for this application is an offer to purchase. The issuance of a ROGO allocation would be inconsistent with the Monroe county year 2010 Comprehensive Plan and BOCC Resolution 223- 2004. The Monroe County Land Authority is requested to have the subject property appraised and subsequently make an offer to purchase. 4. In the event Applicant declines the above referenced offer, Applicant will retain the right to remain in the ROGO system and continue competing for an allocation. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of , 2007. Mayor Mario Di Gennaro Mayor Pro Tem, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS (SEAL) OF MONROE COUNTY, FLORIDA BY Mayor Mario Di Gennaro ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK ADMINISTRATIVE RELIEF RESOLUTION HOLEMAN, LOT 4, BLOCK 18,RE# 00469860,000000 MONK COUNTY ATTORNEY AP ^; �� ? i RM Wo: Page 2 of 2 r� 1 MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: Through: From: Date: RE: Board of County Commissioners Aref Joulam Senior Director of Planning & Environmental Resources Tiffany Stankiewicz, Sr. Planning Tech, Ralph Gouldy, Sr. Administrator Environmental Resources July 27, 2007 Reconsideration of Administrative Relief for Robert Holeman, RE# 00469860.000000 1 1. BACKGROUND 2 3 This hearing is being held upon the advice of the County Attorney to provide all due process to the 4 applicant. The Board of County Commissioners (BOCC) considered Mr. Holeman's application for 5 Administrative Relief on May 21, 2007. The BOCC adopted Resolution 202-2007 approving the 6 Administrative Relief Request in the form of purchase of the property by the Monroe County Land 7 Authority. The application is being brought forward for reconsideration based on a letter dated June 4, 8 2007 from James S. Lupino, Esquire indicating applicant had received a draft report recommending a 9 ROGO allocation award and that the applicant was not provided proper notice. The notice of the change 10 of meeting date from May 17, 2007 to May 21, 2007 was mailed on May 14, 2007 to Mr. Holeman's 11 agent. 12 13 The applicant is eligible for Administrative Relief having complied with alI requirements of the dwelling 14 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 15 annual allocation periods and having submitted the application for Administrative Relief no earlier than 16 the third annual allocation period and no later than ninety (90) days following the close of the fourth 17 allocation period. 18 19 Date Entered ROGO: April 10, 2003 20 21 Date Entered Administrative Relief: May 5, 2006 22 23 ROGO Score: 22 24 25 Planning: 14 26 (+10) infill 27 • (+) Lot Aggregation Page 1 of 3 Reviewed by- W:"GROWTH MANAGEMENTNon Geographic Projects`vR0CY0yAdm RelieP2007 Aug BOCC\Tech and Bio Complete ready for final review`lioleman reheard from May 2007 BOCC 4oleman 03300396`,Aoleman860 Staff Report purchase.doc 1 • (+4) perseverance 2 Building: 7 3 0 (+1) Flood Zone X 4 • (+4) Water/Energy Conservation, 5 • (+2) Structural Integrity 6 Environmental. 1 7 • (+1) Group 1 8 9 II. CURRENT CONDITIONS 10 11 Location: Lot 4, Block 18, Largo Sound Park, Key Largo RE# 00469860.000000 12 13 Owner: Robert Holeman 14 15 Applicant/Agent: Paul Turick 16 17 Land Use District: Improved Subdivision -Masonry (IS - M) FLUINI: Residential Medium (RM) 18 19 Proposed Tier: III A — Special Protection Area (incorrectly reported as Tier III on previous report) 20 21 22 2006 Taxable Value: $12,525.00 Purchase Price in 2002: $21,500.00 23 24 III. LEGAL ELIGIBILITY AND OPTIONS 25 26 Eligibility for Administrative Relief Options: 27 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 28 2010 Comprehensive Plan provides a mechanism whereby an applicant who has not received an 29 allocation award in ROGO may apply to the Board of County Commissioners for Administrative Relief. 30 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 31 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 32 annual allocation periods and having submitted the application for Administrative Relief no earlier than 33 the third annual allocation period and no later than ninety (90) days following the close of the fourth 34 allocation period. The applicant has requested administrative relief in the form of a granting of one (1) 35 ROGO allocation and has not expressed a desire to sell the property to the County. 36 37 Relief Options under Administrative Relief. 38 The remedies available for an application for Administrative Relief pursuant to Section 9.5-122.2(0(6) 39 include issuance of one (1) ROGO allocation award, just compensation by purchase of the property, or 40 such other relief as may be necessary or appropriate. In the event purchase is recommended and the 41 owner refuses the purchase offer the applicant may remain in the ROGO System. 42 43 Evaluation: 44 Currently the subject property contains sensitive environmental features or significant habitat for 45 endangered or threatened species. The property consists of solid canopy of native hardwood hammock 46 trees. Therefore it meets the criteria established under the existing Policy 101.6.6 and Policy 102.4.2, or 47 the proposed Policy 101.6.5 of the Year 2010 Comprehensive Plan for the purchase of property under Page 2 of 3 Reviewed by � WnGROWTH MANAGEMENT Non Geographic ProjectslROG01Adm Relief2007 Aug BOCC\Tech and Bio Complete ready for final review'ioleman reheard from May 2007 BOCCIHoleman 03300396dioleman860 Staff Report purchase.doc I Administrative Relief. This parcel is separated from high quality hammock by a paved road. 2 Additionally, the subject property has been verified as being in a proposed Tier III A — Special Protection 3 Area. This parcel is one of four contiguous parcels for which administrative relief is being requested. 4 The property has been identified as having indigenous hanunock. It is on the list of properties within the 5 boundary of Florida Forever acquisitions, indicating that the State of Florida deems the property to have 6 habitat worth saving by purchase. 7 8 IV. RECOMMENDATIONS 9 10 It is recommended that the Board of County Commissioners approve the request for Administrative I I Relief in the form of a purchase offer by the Monroe County Land Authority. 12 Page 3 of 3 Reviewed by"11// W:';GROWTH MANAGEMENTNon Geographic Projects"ROGO" Adm Relien2007 Aug BOCCTech and Bio Complete ready for final review,Holeman reheard from May 2007 BOCC`,Holeman 03300396�Holeman860 Staff Report purchase.doc Q aANEW..� T ♦ _ �(At < -- ---wwOww!mm F s� 3A Q jqm� W R An moc v County of Monroe Growth Management Division Planning & Environmental Resources Department 2798 Overseas Highway, Suite 410 Marathon, FL 33050 Voice: (305) 289-2500 FAX: (305) 289-2536 We strive to be caring, professional and fair August 1, 2007 Bob Holeman 33 3rd Rd. Key Largo, FL 33037 Board of Countv Commissioners Mayor Mario Di Gennaro, Dist. 4 Mayor Pro Tern Dixie Spehar, Dist. I George Neugent, Dist, 2 Charles "Sonny" McCoy, Dist. 3 Sylvia I Murphy, Dist. 5 Subject: The Administrative Relief Hearing — August 15, 2007 3:00 PM BOCC Public Hearing for RE # 00469860.000000 Dear Mr. Holeman: Please be advised that your application for a determination of Administrative Relief will be heard by the Monroe County Board of County Commissioners on August 15, 2007. The hearing will be held at the Key Largo Library, Tradewinds Shopping Center, 101485 Overseas Highway, Key Largo. The hearing will begin at 3:00 PM but please be aware that we cannot give time certain for a specific applicant. You will be able to view the Staff Reports for your request on our website a few days before the meeting; www.monroecounty-flgov, you can find the reports under "Links for Residents" - "BOCC Agendas" then click on the meeting date. Should you have any questions regarding this hearing please contact me at (305) 289-2522. Sincerely, Nicole Petrick Planning Commission Coordinator CC: Paul Turick & Joyce Knaepen, Agents, 212 Jasmine St. Tavernier, FL 33070 James S. Lupmo, Esquire, 90130 Old Highway, Tavernier, FL 33070 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 21 2007 Division: Growth Management Bulk Item: Yes ____ No X Department; Planning and Env Resources Stag Contact Person: Julianne Thomas AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for Robert Holeman on Lot 4, Block 18, Largo Sound Park,RE# 00469860.00000o. ITEM BACKGROUND: A building pen -nit was applied for on January 30, 2003 and a ROGO application was applied for on April 10, 2003. The applicant applied for administrative relief on May 5, 2006 and is within the allowable time frame to be eligible for administrative relief under Section 9.5- 122.2(fl of the Monroe County Code. Staff recommends that administrative relief be approved in the form of purchase by the Land Authority. Please note that the applicant does not have to accept this relief and may stay in the ROGO system to receive an allocation. If the BOCC should determine that administrative relief should be granted in the form on an allocation, a resolution has been provided which provides an allocation and requires a Habitat Evaluation Index along with a Grant of Conservation Easement for a portion of the Lot. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRAC UAGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval in the form of purchase by the Land Authority. TOTAL COST: N/A BUDGETED: Yes N/A No _ COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No --._ � AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasin N/A g Risk Management NlA___ DOCUMENTATION: Included Not Required DISPOSITION:- — AGENDA ITEM # MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT fti'e shrine to be caring, prof.,ssional anal fair To: Board of County Commissioners Through: Aref Joulani Senior Director of Planning & Environmental Resources From: Julianne Thomas, Planner David DaSilva, Biologist Date: May 4, 2007 RE: Administrative Relief forRo(vrt Holeman RE# 00469860,000000 1 I. BACKGROUND 2 3 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 4 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 5 annual allocation periods and having submitted their application for Administrative Relief no earlier than 6 the third armual allocation period and no later than ninety (90) days following the close of the fourth 7 allocation period. 8 9 Date Entered ROGO: April 10, 2003 10 11 Date Entered Administrative Relief: May 5, 2006 12 13 ROGO Score: 22 14 15 Planning. 14 16 • (+10) infill 17 1 g • (+) Lot Aggregation 19 (+4) perseverance Building.- 7 20 • (+1) Flood Zone X • (+4 ) Water; Energy Conservation, 2 23 • (+2) Structural Integrity F,nvironniental: 1 24 (+1) Group I 25 26 27 28 29 30 Page I of 3 Reviewed by W ,GROWTH MANA6E.L1ENT,Non Geographic Projects`,RCK,p:Adm Rehef'2007 klay 13OCC'.Special Apps`Holeman 0330o396 I loleman860Staff Reportpurchase.doc L E 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 78 29 30 31 32 33 34 35 36 37 38 39 40 41 42 IT. CUR -RENT CONDITIONS Location: Lot 4, Block 18, Largo Sound Park,R--# 00469860.000000 Owner: Robert Iloleman Applicant/Agent: Paul Turick Land Use District: Improved Subdivision -Masonry (IS - M) FLUM: Residential Medium (RM) Proposed Tier: III 2006 Taxable Value: $12,525.00 Purchase Price in 2002: $21,500.00 Ill. LEGAL ELIGIBILITY AND OPTIONS Eligibility for Administrative Relief Options: Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 2010 Comprehensive Plan provides a mechanism whereby an application which 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 (4) 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 allocation period. Relief Options under Administrative Relief. The remedies available to an application for Administrative Relief pursuant to Section 9.5-122.2(t)(6) include issuance of one (1) ROGO allocation awarded, just compensation by purchase of the property, or such other relief as may be necessary or appropriate. The subject property does contain sensitive environmental features or significant habitat for endangered or threatened species. It therefore does 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 This parcel is separated from high quality hammock by a paved road, and has moderate quality hammock. The applicant has requested administrative relief in the form of a granting of one (1) ROGO 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. TV. RECONUM ENDAT IONS 43 It is recommended that the Board of County Commissioners find that the applicant has met the criteria 44 and qualities for Administrative Relief and that a Resolution be prepared for purchase of the subject 45 property by (Monroe County Land Authority. 46 47 Page 2 of 3 Reviewed by W GROW I H MANAGEMENT Non Geographic Projects`ROGO,Adm Relief2oo7 May BOCC Special %pps'floleman (133CH)396 llolemanR60StatTReportpurchase.doc Habitat Evaluation: Bk 18, Lot 49 Largo Sound Park, Key Largo Owner: R, Holeman, RE #00469860.000800 .`. -.x _i v r':•- kr: #�.'Cff,, ,�� - 1 7,F +..mod . 1. rt '�. �T ,A• ,=l 177 - i' t+ � ,. !Y-rC•y... .i ,� -'mil•. lr.; i, -. .. 7'. _ .. a (. :.+r� - ^A.. _} •: ate„ ,:� .�•� "C. `•4�rs ..�:.. •-� _ -�•�,'.• - -� �•k. ;� -r}'I " � 'y . "'•�- s.�"■ . ��ypr. ,ax3- • �_ . � .4t •' , �. .�..�1,t.-v * . r� - —411 VE ell Flonda Forever Boundary •t"l'��"'�r 11 i HabitatL yax ' PiOfCC[¢(1 SpRGe� �(� •P ,Wm `o11pcM Ocrunr,y � - ��—.�.—_��.� �•IfI a'r73 C=•_• w tJ CnTYSMONROE This map is for use by the Monroe County Crowth Management Division only data contained herein is not a legal repesentanon of boundaries, parcels, roads right of ways or other geographical data. Prepared by- Jmtanne Thom- ADMINISTRATIVE RELIEF IN THE FORM OF PURCHASE OF THE PROPERTY BY THE MONROE COUNTY LAND AUTHORITY RESOLUTION NO. —2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY ROBERT HOLEMAN ON PROPERTY DESCRIBED AS LOT 4, BLOCK 18, LARGO SOUND PARK,RE# 00469860.000000 IN THE FORM OF PURCHASE OF THE PROPERTY BY THE MONROE COUNTY LAND AUTHORITY. WHEREAS, Robert Holeman submitted an application for administrative relief under §. 9.5-122(i) 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. Robert Holeman's application for administrative relief is for Lot 4, Block 18, Largo Sound Park, in Monroe County, Florida having RE# 00469860.000000. 2. The date of the ROGO application is 4/10/2003. 3. The ROGO allocation application has been in the ROGO 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. MCC § 9.5-122.2(f) 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 § 9.5-122.2(t)(6) 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 5/5/2006, under § 9.5- 122 2(f) of the Monroe County Code (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. 8. The subject property has the land use district designation of Improved Subdivision (IS), is located in the Largo Sound Park Subdivision and is environmentally sensitive. 9. Board of County Commissioners Resolution #223-2004 directs staff to identify small parcels with indigenous hammock or pinelands that are ineligible for purchase by the State with Florida Forever funds, limit the issuance of permits for clearing on said parcels, and recommends said parcel for purchase by the Monroe County Land Authority. 10. The subject property is in an area of indigenous moderate quality hammock and is designated as Tier 3 in the proposed Tier system. AT -..fr sTR.Ai1VE RFLrEF RESOLUTION HOLEMAN, LOT 4, Bux K 18,RF# o0469860.0000pp Page 1 Of 2 11. The property does qualify under criteria established by Resolution #223-2004 for purchase by the Monroe County Land Authority of small parcels with indigenous hammock and pinelands. 12. The Applicant has been in the ROGO system for three of the last four annual allocation periods and therefore qualifies for administrative relief. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Robert Holeman has met the requirements to receive administrative relief for Lot 4, Block 18, Largo Sound Park,RE# 00469860.000000. In accordance with Policy 101.6.5, 101.6.E and BOCC Resolution 223-2004, the appropriate form of administrative relief for this application is an offer to purchase. The issuance of a ROGO allocation would be inconsistent with the Monroe county year 2010 Comprehensive Plan and BOCC Resolution 223- 2004. 3. The Monroe County Land Authority is requested to have the subject property appraised and subsequently make an offer to purchase. 4. In the event Applicant declines the above referenced offer, Applicant will retain the right to remain in the ROGO system and continue competing for an allocation. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of 2007. Mayor Mario Di Gennaro Mayor Pro Tem, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA wo (SEAL) Mayor Mario Di Gennaro ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK At71 ms, ATtVE REL:PEF RESOLQT[O!V HOLEMn.N, LOT4, BLOCK I8.RE# 00469860.000" MONS OUN TTORNEY AP D S FORM Data G Page 2 of 2 ADMINISTRATIVE RELIEF IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION RESOLUTION NO —2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY ROBERT HOLEMAN ON PROPERTY DESCRIBED AS LOT 4, BLOCK 18, LARGO SOUND PARK,RE# 00469860.000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Robert Holeman submitted an application for administrative relief under Sec. 9.5-122(f) 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. Robert Holeman's application for administrative relief is for Lot 4, Block 18, Largo Sound Park in Monroe County, Florida having RE# 00469860.000000. 2. The date of the ROGO application is April 10,2003. 3. The ROGO allocation application has been in the ROGO 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. MCC Section 9.5-122.2(f) 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 9.5-122.2(f)(6) 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 May 5, 2006, under Section 9.5-122.2(f) of the Monroe County Code (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. 8. The subject property has the land use district designation of Improved Subdivision - Masonry (IS-M), is located in the Lot 4, Block 18, Largo Sound Park and is environmentally sensitive. 9. Board of County Commissioners Resolution #223-2004 directs staff to identify small parcels with indigenous hammock or pinelands. 10. The subject property is not in an area of indigenous hammock or pinelands. 11. The property does qualify under criteria established by Resolution #223 2004 for purchase by the Monroe County Land Authority of small parcels with indigenous hammock and pinelands. 12. This parcel is separated from high quality hammock by a paved road, and has low quality hammock. This parcel will require a Habitat Evaluation Index ARMINISTRATNE RFLIFF Rrsou1TION ROBFRT HOLEMAN, LOT4, BLOCK IS, LARG(i SOLNf) PARK,RE# 00469860 ooWM Pap I of 2 prior to construction, and a Grant of Conservation Easement Preserving 40% of the Parcel shall be recorded prior to the issuance of a building permit. 13. The Applicant has been in the ROGO system for three of the last four annual allocation periods and therefore qualities for administrative relief. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to Robert Holeman, for Lot 4, Block 18, Largo Sound Park in the form of a dwelling unit 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 of the Monroe County Year 2010 Comprehensive Plan and as required by Section 9.5-122.2(f) of the Monroe County Code. 2. This parcel will require a Habitat Evaluation Index prior to construction, and a Grant of Conservation Easement Preserving 40% of the Parcel shall be recorded prior to the issuance of a building permit. 1. The allocation award shall be taken out of the next quarterly allocation which occurs on July 13, 2007 or next available allocation period. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 2 1 " day of May, 2007. Mayor Mario Di Gennaro Mayor Pro Tem, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY (SEAL) Mayor Mario Di Gennaro ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK MONROE COUNTY A ORNEY � APPR 0 AS RM ADMINISTRA LIVE RELIEF RESOLUTION RoeFRr HoLFMAN, LOT 4. AUICK I R, C AROO SOUND PARK,RF# 04#0860.fXXO O Page 2 of 2 APPI,IC4T[Oti FOR - ADMINISTRAI IVE RELMF 1pplKen: �- "- Qoma 4uttr�nzcd Rc{><esMuu'.e tppPrurts>a,d,._h�t� TtrZ1G_v(__��dT'CF KN�E-PE-t�� .�ppticmr'a crllant aSritcas?`Z S'Aa'att �-7� sr T�1J�12lJlEi2 Ft "'i.z.-�D :Toot! a ume f apt .st¢ it y�awsef : _�O�e}�T �LfeA4A)l tl�nera add..as �3 e7��jZD NFT Viat(l Pharr yst—gz�.__..`_-_ J'leas<anuh a wtcrnert uObmiuuZ rcpresmWioo of thin apphcanou by wmeowe nJen than s'mv jf The nuemm, ttYwk read '! ,aw 't name) a Kh xiic r ridtltl iq� at audxxizing to repiescat y;w) eo repmww ay pnvem for the applicANm for Adrmm�uanse {iehet" 1 �Ra% desrnpunn ,ana[h. rfeies anC tvwnds dec:rptiuu d ne�xsuryl-,-� _L_. 3 � �_ n-ni resent RCICO yrpliouuxs�.., ----- --- — What kind of alTunn, t�i.e rciu! are you setk:ng"'._ t rip— ! IT kddia,v�l Cr�mmtats- :r6TARY � — STATE OF FLOMA "tic r•aegcrnc� • ignatmc was f:ina+kdgcd 'nr«e m �hrs �:_ .tav of ' � .IO B} [ rr _� _ wf10 a per^rx�ll} knv�n to ns v praiuced - aa idrrxrEcxi� —� �t}caS�ssfan erpigi- = - tI� � - Slgr=m of liotar Public. Suuc of FIi cida MONROE COUNTY AFFIDAVIT . FOR ROGO AGENCY I hereby authorize: Paul Turick & Joyce Knaeuea be listed as game of 3genttsli Authorized agents for Robert Holeman for the IName of C)-Awrj Purpose ofepplrini UW sigrting for the R(X(o administrati,c CjicfapplieaW0 for my pmpctn. This authorization hecomes etTective on the date this affidavit is notarized and shall remain in effect until terminated by the undersigned_ 'Phis authorization acts as a durable power of attorney only for the purposes stated. The undersigned understands the liabilities involved in the granting of this agency and accepts full responsibility (thus holding Monroe County harmless) for any and all of the actions of the agent(s) named. related to the acquisition of . permits for the aforementioned property owner. Authori Signature �------"--- N01 Alt Y ti1.ATF of��~I e --fac--- � /lre�ff+reRoing rnstnuarnt wbs � kra,,. W&, heme this L' h4 fjD �.iyL rfYty tilt __[��i ./:'i_•i<r"_.__. i NamC OlPemM}� ttitk.,fAut}w>nmd5igtraturr) i-` M—hl_--_--�----_ _ Nr.,rxnmr�sam cipue:: �} �� Si�nturt o{N~. Public — - - - - Pcry 4uli'� Kn n ur Pr<duced ljrnnfir�tL�n Rpc of idra tiftia on Produxd rE—1 -!vF FEE -N-, AMrA F 1 R -`T S 7ATE F 14W F ROMW OW-MM C-*nWCtM L A=T. 550 Lon TAA 0 ats "4w no-=441 ma )7 Date 5 M Lqoc�. FL ism PAY IV do Oidet $ Dom 19 - �. ..'� "It, flOf ""^""«^"= w~" vow commissioner Charles "Sonny' McCoy RESOLUTION NOZ23 _Z004 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DIRECTING MONROE COUNTY S GROWTH MANAGEMENT DIVISION ISSUANCE OF PERMITS FOR TO MONITOR, LIMITLAND CLEARING IN THE BEST INTEREST AND PRO I.EC.TION OF THE PUBLIC GOOD AND IDENTIFY TO THE LAND AUTHORITY FOR RECOMMENDED PURCHASE ALL SMALL PARCELS OF CNA AREAS THROUGHOUT MONROE COUNTY NOT COVERED BY "FLORIDA FOREVER" FUNDS. WHEREAS, it is the desire of its citizens to preserve as much of the indigenous hammocks and pine stands as possible, and WHEREAS, the large tracts of hammock area will be preserved for purchase by funds from "Florida Forever", and WHEREAS, there is a threshold below which these funds may not be available; and WHEREAS, there is a stream of funds that could be available for the purchase of small parcels, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, THAT. - Monroe County's Growth Management Division is hereby directed to: l Closely monitor those small parcels in the CNA areas to prevent un-permitted clearing. 2. Limit the issuance of permits for land clearing so that the best interests of the public good, including the encouragement of building affordable housing, are protected. 3. Identify these small parcels, not covered by the "Florida Forever Funds" to the Lan Authority for recommended purchase, d day AND ADOPTED by the Board of County Commissioners of Monroe Cou y of June, 2004. thi " th cm Mayor Murray Nelsons = o r r Mayor Pro TernDavid P. Ricers o� - p Commissioner Charles " yo � ' Sonny" McCoy es c� N C Commissioner George Neugent y e s i Commissioner Dixie Spehar (SEAL) N o BOARD OF COUNTY COMNtISSIONERS OF twit Attest: Danny L. ihage, Clerk MONROE C TY, FLORIDA B � �p Clerk By'----�_ MONROE COUNTY ATTORNEY MAYOR APP�OVAS TO FORM: Qo �T JOHN R. COLLINS COUNTY ATTOflNEY Oan__�Sl3rlow Lava Offices Kershoff, Lupino 'L'Vagel, L11 90130 OLD HIGHWAY ATT©RNEYs AT LAW TAVERNIER, FLOMA 33070 JAY A. HERSHOFF (305) 852-8440 - (305) 852-8848 FAX JAmEs S. Lupiw R.ussELL A. YAGEL JESSICA RoTHEYBERG ROHERT C. STOBER JBssicA B. REILLY June 4, 2007 Monroe County Building Department Arif Joulani 2798 Overseas Highway, Suite 410 Marathon, FL 33040 Re: Administrative Relief # 0469860.000000/ Robert Holeman Dear Mr. Joulani: LAND USE COORDINATOR PETER D. BACHELER JUN 1 2 2007 �rn This letter is written in concern to Robert Holeman who is the owner of lots 1,2,3 and 4 Block 18 of the Largo Sound Subdivision. Attached hereto as exhibit "A" is a report he received from County Personnel reflecting the fact that his property was recommended for issuance of a building permit under administrative relief. This report specifically states, that his property is not considered high quality hammock and is not a habitat for endangered species. This analysis was specifically confirmed by our client with Susan Sprunt who conducted a study of the property (a copy of which is enclosed) as well as our clients conversations with the biologist. Relying on same our client fully expected to have staff support for the issuance of the appropriate permits. It is our understanding that on the 4' day of May, 2007 a different report was presented to the BOCC. This new report is attached as exhibit "B". This report completely reverses the analysis set forth in exhibit "A". Our client was not provided a copy of this revision. And when he addressed the biologist about the second report the biologist did not seem to have any knowledge of how that came to be according to our client. Of further note, our client was not provided with any notice of the hearing where his property was discussed. Although notice should have been provided it is particularly egregious when the report that he was provided with, by County Personnel was reversed and staff recommendations were changed without notification to him. Our client has been damaged as a result. We ask that you have this matter immediately reviewed and placed back before the BOCC, with recommendations consistent with the first report dated October 21, 2002. If you are unwilling to take such action, our client will have no choice but to file legal action based in substantial part upon the facts set forth here and above. Please be advised that the client does have witnesses to conversations which took place supporting the facts above. I await your response. � ncerely, JADES S. LUPINO, ESQUIRE JSLS, m Encl4ls ENVIRONMENTAL CONSULTING. SYSTEMS, .INC:. 102 Mohawk Street, Tavernier, FL 33070 tel 305.852.1920 fax 305.852,7327 22 November 2002 Mr, Robert Holeman 330 P Road Ivey Largo, Florida 33037 RE:. Habitat Evaluation Indexes for Lots 24, Block 18, Largo Sound Park, First Addition Marlin and Transylvania Avenue Key Largo, Florida Dear Mr. Holeman: As;stated to you in an earlier letter datedthe 21 October 2002, the U.S.F.W.S, will require "mitigation" for impact (clearing) within the tropical hardwood hammock. According to the U:S;F.�V.S., since there is to be "one'housp per lot", minimization has not been demonstrated, Therefare; on Lots 2, 3, &; 4 a monetary. contribution .should be: issued to the Florida Keys .Environmental Restoration Trust Fund in order to "create" tropical hardwood hammock elsewhere. irithe Florida Keys. This is based on the presence of a specific type•of plant can these particular properties that are necessary..fnr the survival of an endangered species regulated.by th.i s agency.., The:cost of "me -creating" tropical hardwood hammock.has:been deterrri'ned based on conversations with the M6nr6e County Biologist; Ms..Niko Reisinger, the U.S.F.W.S. Biologist Mr. Bill Miller; and the calculations provided in ,the letter originally sent to you dated the 2.1 October 2002'£rom Environmental Consulting systems, Incorporated. The following calculations were agreed upon by the above referenced parties:: . Re-creating High Quality Hammock:. $ 2.00 per square foot ➢ Re-creating Moderate Quality Hammock. $ 1.40 per square foot Re-creating Low Quality Hammock: $ :70'ber square foot Based on the quality ofhaidwood hammock for your above referenced properties (low quality) you would be allowed to clear 60% of the total square footage of each lot. Therefore, 60°/a ofthe total square footage of each lot (6,653 square feet) would be, roughly 3,931 square feet, At a cost of $ .70 per.square feet X 3,991 square feet of clearing = $ 2J93.70 per..prc�perty. Please present.the .U.S.F.W.S.'Big fine Key oft'ice'(305}.872-275� with thp.Above referenced information regarding the "mitigation" and discuss. the possibility of obtaining their approval for development. If the U.S.F.W.S. agrees with the above. mitigation, they 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to be caring, professional and Fair To: Board of County Commissioners Through: Aref Joulani Senior Director of Planning & Environmental Resources From: Julianne Thomas, Planner David DaSilva, Biologist Date: April 20, 2007 RE: Administrative Relief forRobert Holeman RE## 00469830.000000 L BACKGROUND 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 (4) 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 allocation period. Date Entered ROGO: April 10, 2003 Date Entered Administrative Relief. May 5, 2006 ROGO Score: 22 Planning: 14 (+10) infill • (+) Lot Aggregation r (+4) perseverance Building: 7 • (+1) Flood Zone X • (+4) Water/Energy Conservation, s (+2) Structural Integrity Environmental: 1 • (+1) Group l II. CURRENT CONDITIONS Location: Lot 1, Block 18, Largo Sound Park RE# 00469830.000000 Owner: Robert Holeman Page I of 3 Reviewed by c U5a W:IGROWTH MANAGEMENTINon Geographic Projects\R0G01Adnn Reliet12007 May BOCC1Holeman 033003901Holeman830 Staff Report.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Applicant/Agent: Paul Turick Land Use District: Improved Subdivision - Masonry (IS-M) FLUM: Residential Medium (RM) Proposed Tier: III 2006 Taxable Value: $12,525.00 Purchase Price in 2002: $1.00 III. LEGAL ELIGIBILITY AND OPTIONS Eligibility for Administrative Relief Options: Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 2010 Comprehensive Plan provides a mechanism whereby an application which 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 (4) 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 allocation period. Relief Options under Administrative Relief: The remedies available to an application for Administrative Relief pursuant to Section 9.5-122.2(f)(6) include issuance of one (1) ROGO allocation awarded, 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 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 flan for the purchase of property under Administrative Relief. This parcel is separated from high quality hammock by a paved road, and has low quality hammock. This parcel will require a Habitat Evaluation Index prior to construction, and clearing on the parcel will be limited to 40%. The applicant has requested administrative relief in the form of a granting of one (1) ROGO 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. IV. RECOMMENDATIONS 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 a Resolution be prepared that establishes this relief awarding one (1) ROGO allocation in the next quarterly ROGO allocation period which closes July 13, 2007, or next available allocation period. Page 2 of 3 Reviewed by c#663 W:IGROWTH MANAGEMENTWon Geographic ProjectslR0G01Adm Relie#12007 May BOCC1Holeman 033003901Holeman830 Staff Report.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to be caring, professional and fair To: Board of County Commissioners Through: Aref joulani Senior Director of Planning & Environmental Resources From: Julianne Thomas, Planner David DaSilva, Biologist Date: April 20, 2007 RE: Administrative Relief forRobert Holeman, RE#1 00469840.000000 1. BACKGROUND 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 (4) 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 allocation period. Date Entered ROGO: April 10, 2003 Date Entered Administrative Relief: May 5, 2006 ROGO Score: 22 Planning. 14 r (+10) r (+4) Building. 7 • {+1} (+4 ) • (+2) Environmental r (+l) II. CURRENT CONDITIONS Infill Lot Aggregation Perseverance Flood Zone X Water/Energy Conservation, Structural Integrity 1 Group 1 Location: Lot 2, Block 18, Largo Sound Park., RE# 00469840.000000 Page I of 3 W:IGROWTI4 MANAGEMENTONon Geographic Projects\ROGUAdm B0CC\Ho1eman03300393\Holeman840 Staff Report.doc Reviewed by &CcN� Relief12007 May I Owner: Robert Holeman 2 3 Applicant/Agent: Paul Turick 4 5 Laud Use District: Improved Subdivision - Masonry (IS-M) FLUM: Residential Medium (RM) 6 Proposed Tier: III 7 8 2006 Taxable Value: $12,525.00 Purchase Price in 2002: $47,000,00 9 10 III. LEGAL ELIGIBILITY AND OPTIONS 11 12 Eligibility for Administrative Relief Options: 13 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 14 2010 Comprehensive Plan provides a mechanism whereby an application which has not received an 15 allocation award in ROGO may apply to the Board of County Commissioners for Administrative Relief. 16 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 17 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 18 annual allocation periods and having submitted their application for Administrative Relief no earlier than 19 the third annual allocation period and no later than ninety (90) days following the close of the fourth 20 allocation period. 21 22 Relief Options under Administrative Relief: 23 The remedies available to an application for Administrative Relief pursuant to Section 9.5-122.2(f)(6) 24 include issuance of one (1) ROGO allocation awarded, just compensation by purchase of the property, or 25 such other relief as may be necessary or appropriate. 26 27 The subject property does not contain sensitive environmental features or any significant habitat for 28 endangered or threatened species. It therefore does not meet the criteria established under the existing 29 Policy 101.6.6 and Policy 102.4.2, or the proposed Policy 101.6.5 of the Year 2010 Comprehensive Plan 30 for the purchase of property under Administrative Relief. This parcel is separated from high quality 31 hammock by a paved road, and has low quality hammock. This parcel will require a Habitat Evaluation 32 Index prior to construction, and clearing on the parcel will be limited to 40%. 33 34 The applicant has requested administrative relief in the form of a granting of one (1) ROGO allocation 35 and has not expressed a desire to sell the property to the County as provided for under Policy 101.6.1 of 36 the Year 2010 Comprehensive Plan. 37 38 IV. RECOMMENDATIONS 39 40 It is recommended that the Board of County Commissioners find that the applicant has met the criteria 41 and qualifies for Administrative Relief. It is further recommended that a Resolution be prepared that 42 establishes this relief awarding one (1) ROGO allocation in the next quarterly ROGO allocation period 43 which closes July 13, 2007, or next available allocation period. 44 Page 2 of 3 Reviewed by cfc5�3 W:IGROWTH MANAGEMENDNon Geographic ProjectslROGMAdm Relief12007 May BOCCE o1eman033003931Ho1ernan840 Staff Report.doc 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 To: Through: From: Date: RE: MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to be caring, professional and fair Board of County Commissioners Aref Joulani Senior Director of Planning & Environmental Resources Julianne Thomas, Planner David DaSilva, Biologist April 20, 2007 Administrative Relief forRobert Holemun, RE# 00469850,000000 I. BACKGROUND 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 (4) 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 allocation period. Date Entered ROGO: April 10, 2003 Date Entered Administrative Relief: May 5, 2006 ROGO Score: 22 Planning: 14 (+10) Infill (+) Lot Aggregation • (+4) Perseverance Building: 7 (+1) Flood Zone X (+4) Water/Energy Conservation, • (+2) Structural Integrity Environmental: 1 • (+1) Group 1 II. CURRENT CONDITIONS Page I of 3 Reviewed by o�Cc53 W:IGROWTH MANAGI MENT1Non Geographic ProjectslR0G01Adm Reliefl2007 May BOCClHoleman 033003941Holeman850 Staff Report.doc 1 2 Location: Lot 3, Block 18 Largo Sound Park RE# 00469850,000000 3 4 Owner: Robert Holeman 5 6 Applicant/Agent: Paul Turick 7 8 Land Use District: Improved Subdivision — Masonry (IS) FLUM: Residential Medium (RM) 9 Proposed Tier: III 10 11 2006 Taxable Value: $12,525.00 Purchase Price in 2002: $21,500.00 12 13 111. LEGAL ELIGIBILITY AND OPTIONS 14 15 Eligibility for Administrative Relief Options: 16 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 17 2010 Comprehensive Plan provides a mechanism whereby an application which has not received an 18 allocation award in ROGO may apply to the Board of County Commissioners for Administrative Relief. 19 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 20 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 21 annual allocation periods and having submitted their application for Administrative Relief no earlier than 22 the third annual allocation period and no later than ninety (90) days following the close of the- fourth 23 allocation period. 24 25 Relief Options under Administrative Relief: 26 The remedies available to an application for Administrative Relief pursuant to Section 9.5-122.2(f)(6) 27 include issuance of one (1) ROGO allocation awarded, just compensation by purchase of the property, or 28 such other relief as may be necessary or appropriate. 29 30 The subject property does not contain sensitive environmental features or any significant habitat for 31 endangered or threatened species. It therefore does not meet the criteria established under the existing 32 Policy 101.6.6 and Policy 102.4.2, or the proposed Policy 101.6.5 of the Year 2010 Comprehensive Plan 33 for the purchase of property under Administrative Relief. This parcel is separated from high quality 34 hammock by a paved road, and has low quality hammock. This parcel will require a Habitat Evaluation 35 Index prior to construction, and clearing on the parcel will be limited to 40%. 36 37 The applicant has requested administrative relief in the form of a granting of one (1) ROGO allocation 38 and has not expressed a desire to sell the property to the County as provided for under Policy 101.6.1 of 39 the Year 2010 Comprehensive Plan. 40 41 IV. RECOMMENDATIONS 42 43 It is recommended that the Board of County Commissioners find that the applicant has met the criteria 44 and qualifies for Administrative Relief. It is further recommended that a Resolution be prepared that 45 establishes this relief awarding one (1) ROGO allocation in the next quarterly ROGO allocation period 46 which closes July 13, 2007, or next available allocation period. 47 Page 2 of 3 Reviewed by oVeC58 W:IGROWTH MANAGEMENTINon Geographic PrgjectslROGOIAdm Relief12007 May BOCC1Holeman 033003941Holeman850 Staff Report.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to be caring, professional and fair To: Board of County Commissioners Through: Aref joulani Senior Director of Planning & Environmental Resources From: Julianne Thomas, Planner David DaSilva, Biologist Date: April 20, 2007 RE: Administrative Relief forRobert Holeman RE# 00469860.000000 1. BACKGROUND 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 (4) 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 allocation period. Date Entered ROGO: April 10, 2003 Date Entered Administrative Relief: May 5, 2006 ROGO Score: 22 Planning: 14 (+10) infill • (+) Lot Aggregation (+4) perseverance Building: 7 • (+l) Flood Zone X • (+4) Water/Energy Conservation, • (+2) Structural Integrity Environmental: 1 • (+1) Group 1 29 11. CURRENT CONDITIONS Page I of 3 Reviewed by oC W:IGROWTH MANAGEMENPNon Geographic ProjectstROGMAdm Reliefl2007 May BOCC\Holeman 033003961Holeman86©Staff Report.doc 2 Location: Lot 4, Block 18, Largo Sound Park,RE# 00469860.000000 3 4 Owner: Robert Holeman 5 6 Applicant/Agent: Paul Turick 7 8 Land Use District: Improved Subdivision -Masonry (IS - M) FLUM: Residential Medium (RM) 9 Proposed Tier: III 10 11 2006 Taxable Value: $12,525.00 Purchase Price in 2002: $21,500.00 12 13 111. LEGAL ELIGIBILITY AND OPTIONS 14 15 Eligibility for Administrative Relief Options: 16 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 17 2010 Comprehensive Plan provides a mechanism whereby an application which has not received an 18 allocation award in ROGO may apply to the Board of County Commissioners for Administrative Relief. 19 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 20 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 21 annual allocation periods and raving submitted their application for Administrative Relief no earlier than 22 the third annual allocation period and no later than ninety (90) days following the close of the fourth 23 allocation period. 24 25 Relief Options under Administrative Relief: 26 The remedies available to an application for Administrative Relief pursuant to Section 9.5-122.2(f)(6) 27 include issuance of one (1) ROGO allocation awarded, just compensation by purchase of the property, or 28 such other relief as may be necessary or appropriate. 29 30 The subject property does not contain sensitive environmental features or any significant habitat for 31 endangered or threatened species. It therefore does not meet the criteria established under the existing 32 Policy 101.6.6 and Policy 102.4.2, or the proposed Policy 101.6.5 of the Year 2010 Comprehensive Plan 33 for the purchase of property under Administrative Relief. This parcel is separated from high quality 34 hammock by a paved road, and has low quality hammock. This parcel will require a Habitat Evaluation 35 Index prior to construction, and clearing on the parcel will be limited to 40%. 36 37 The applicant has requested administrative relief in the form of a granting of one (1) ROGO allocation 38 and has not expressed a desire to sell the property to the County as provided for under Policy 101.6.1 of 39 the Year 2010 Comprehensive Plan. 40 41 IV. RECOMMENDATIONS 42 43 It is recommended that the Board of County Commissioners find that the applicant has met the criteria 44 and qualifies for Administrative Relief. It is further recommended that a Resolution be prepared that 45 establishes this relief awarding one (1) ROGO allocation in the next quarterly ROGO allocation period 46 which closes July 13, 2007, or next available allocation period. 47 Page 2 of 3 Reviewed by c66�3 W:lGROWTH MANAGEMENT1Non Geographic ProjectslROGO1Adm Reliei12007 May BOCC\Holeman 033003961Holeman860Staff Report.doc MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to be caring, professional and fair To: Board of County Commissioners Through: Aref jouiani Senior Director of Planning & Environmental Resources From: Julianne Thomas, Planner David DaSilva, Biologist Date: May 4, 2007 RE: Administrative Relief forRobert Holenwn RE# 00469830-000000 1 2 T. BACKGROUND 3 4 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 5 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 6 annual allocation periods and having submitted their application for Administrative Relief no earlier than 7 the third annual allocation period and no later than ninety (90) days following the close of the fourth 8 allocation period. 9 10 Date Entered ROGO: April 10, 2003 11 12 Date Entered Administrative Relief: May S, 2006 13 14 ROGO Score: 22 15 Planning. 14 16 . (+10) infill 17 . (+) Lot Aggregation 18 • (+4) perseverance 19 Building: 7 20 (+1) Flood Zone X 21 + (+4) Water/Energy Conservation, 22 (+2) Structural integrity 23 Environmental. 1 24 (+1) Group 1 ■�� 25�" 26 11. CURRENT CONDITIONS n 27 28 Location; Lot 1, Block 18, Largo Sound Park RE4 00469830.000000 29 30 Owner: Robert Holeanan Page I of 2 Reviewed by cs� W:iGROWTH MANAGEMENT1Non Geographic ProjectslROGOtAdm Relief\2007 May BOCClSpecial AppslHoleman 03300390\Holeman830 StaffReport.doc 2 Applicant/Agent: Paul Turick 4 Land Use District: Improved Subdivision - Masonry (IS-M) PLUM: Residential Medium (RM) 5 Proposed Tier: III 7 2006 Taxable Value: $12,525.00 Purchase Price in 2002: $1.00 8 9 111. LEGAL ELIGIBILITY AND OPTIONS 10 11 Eligibility for Administrative Relief Options: 12 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 13 2010 Comprehensive Plan provides a mechanism whereby an application which has not received an 14 allocation award in ROGO may apply to the Board of County Commissioners for Administrative Relief, 15 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 16 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 17 annual allocation periods and having submitted their application for Administrative Relief no earlier than 18 the third annual allocation period and no later than ninety (90) days following the close of the fourth 19 allocation period. 20 21 Relief Options under Administrative Relief: 22 The remedies available to an application. for Administrative Relief pursuant to Section 9.5-122.2(( b) 23 include issuance of one (1) ROGO allocation awarded, just compensation by purchase of the property, or 24 such other relief as may be necessary or appropriate. 25 26 The subject property does contain sensitive environmental features or significant habitat for endangered 27 or threatened species. It therefore does meet the criteria established under the existing Policy 101.6.6 28 and Policy 102.4.2, or the proposed Policy 101.6.5 of the Year 2010 Comprehensive Plan for the 29 purchase of property under Administrative Relief. This parcel is separated from high quality hammock 30 by a paved road, and has moderate duality hammock. If an allocation is approved, this parcel will 31 require a Habitat Evaluation index prior to construction, and a Grant of Conservation Easement covering 32 40% of the parcel shall be recorded prior to the issuance of a building permit. 33 34 The applicant has requested administrative relief in the form of a granting of one (1) ROGO allocation 35 and has not expressed a desire to sell the property to the County as provided for under Policy 101.6.1 of 36 the Year 2010 Comprehensive Plan. 37 38 IV. RECOMMENDATIONS 39 40 It is recommended that the Board of County Commissioners find that the applicant has met the criteria 41 and qualifies for Administrative Relief and a Resolution be prepared for purchase of the subject property 42 by Monroe County hand Authority. 43 Page 2 of 2 Reviewed by gve(58 W:IGROWTH MANAGEMENT�Non Geographic ProjectslROGO1Adm Relief12007 May BOCC1Special AppslHoleman 033003900Holeman830 Staff Report.doc 12. The Applicant has been in the ROGO system for three of the last four annual allocation periods and therefore qualifies for administrative relief. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: 1. Robert Holeman has met the requirements to receive administrative relief for Lot 1, Block 1 &, Largo Sound Park RE# 00469830.000000. 2. In accordance with Policy 101.6,5, 101.6.6 and BOCC Resolution 223-2004, the appropriate form of administrative relief for this application is an offer to purchase. The issuance of a ROGO allocation would be inconsistent with the Monroe county year 2010 Comprehensive Plan and BOCC Resolution 223-2004. 3. The Monroe County Land Authority is requested to have the subject property appraised and subsequently make an offer to purchase. 4. In the event Applicant declines the above referenced offer, Applicant will retain the right to remain in the ROGO system and continue competing for an allocation. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of , 2007. Mayor Mario Di Gennaro Mayor Pro Tem, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA WA (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK Mayor Mario Di Gennaro MONRUE COUNTY ATTORNEY AFAR EZ) AS FC1RM7- AI)1. N1STpATIVE RELIEF RESOLUTION Page 2 of 2 HOLEm AN, LOT 1, BLOCK 18, RE# 0064830.000000 ADMINISTRATIVE RELIEF IN THE FORD OF ONE (1) DWELLING UNIT ALLOCATION AWARD BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date:May 21. 20 77_ _ Division: Growth Mana ement Bulk Item: Yes _ No X Department: Plannin and Env. Resources Staff Contact Person: Julianne Thomas AGENDA ITEM WORDING: A public hearing to consider arequest for Administrative Relief for Robert Holean on Lot 1, Block 18, Largo Sound Park RE 4 ITEM BACKGROUND: A building permit was applied for on January 30, 2003 and a ROGO application was applied for on April 10, 2003. The applicant applied for administrative relief on May 5, 2006 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. Staff recommends that administrative relief be approved in the form of purchase by the Land Authority. Please note that the applicant does not have to accept this relief and may stay in the ROGO system to receive an allocation. If the BOCC should determine that administrative relief should be granted in the form on an allocation, a resolution has been provided which provides an allocation and requires a Habitat Evaluation Index along with a Grant of Conservation Easement for a portion of the Lot. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval in the form of purchase by the Land Authority. TOTAL COST: N/A BUDGETED: Yes N/A No _ COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes — No AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management N/A— DOCUMENTATION: included X Not Required DISPOSITION: AGENDA ITEM # RESOLUTION NO. —2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY ROBERT HOLEMAN ON PROPERTY DESCRIBED AS LOT 1, BLOCK 18, LARGO SOUND PARK RE# 00469830.000000 IN THE FORM OF PURCHASE OF THE PROPERTY BY THE MONROE COUNTY LAND AUTHORITY. WHEREAS, Robert Holeman submitted an application for administrative relief under § 9.5- 122(f) 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. Robert Holeman's application for administrative relief is for Lot 1, Block 18, Largo Sound Park in Monroe County, Florida having RE4 00469830.000000. 2. The date of the ROGO application is 4/10/2003, 3, The ROGO allocation application has been in the ROGO 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. MCC § 9.5-122.2(f) 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 § 9.5-122.2(f)(6) 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 5/5/2006, under § 9.5-122.2(f) of the Monroe County Code (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. 8. The subject property has the land use district designation of Improved Subdivision (IS), is located in the Largo Sound Park Subdivision and is environmentally sensitive. 9. Board of County Commissioners Resolution #223-2004 directs staff to identify small parcels with indigenous hammock or pinelands that are ineligible for purchase by the State with Florida Forever funds, limit the issuance of permits for clearing on said parcels, and recommends said parcel for purchase by the Monroe County Land Authority. 10, The subject property is in an area of indigenous moderate quality hammock and is designated as Tier 3 in the proposed Tier system. 11, The property does qualify under criteria established by Resolution i#223-2004 for purchase by the Monroe County Land Authority of small parcels with indigenous hammock and pinelands. ADMIMSTRATWE RELIEF RESOLUTION Page 1 of 2 HOLI mAN, LoT 1, BLOCK 18, RD 00469830.000000 RESOLUTION NO. 2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY ROBERT HOLEMAN ON PROPERTY DESCRIBED AS LOT 1, BLOCK 18, LARGO SOUND PARK RE# 00469830.000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Robert Holeman submitted an application for administrative relief under Sec. 9.5-122(f) 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: I. Robert Holeman's application for administrative relief is for Lot 1, Block 18, Largo Sound Park in Monroe County, Florida having RE# 00469830.000000. 2. The date of the ROGO application is April 10,2003. 3. The ROGO allocation application has been in the ROGO 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. MCC Section 9.5-122.2(f) 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 9.5-122.2(f)(6) 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 May 5, 2006, under Section 95-122.2(f) of the Monroe County Code (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. 8. The subject property has the land use district designation of Improved Subdivision - Masonry (IS-M), is located in the Lot 1, Block 18, Largo Sound Park and is not environmentally sensitive. 9. Board of County Commissioners Resolution #223-2004 directs staff to identify small parcels with indigenous hammock or pinelands. 10. The subject property is in an area of indigenous moderate quality hammock. 11. The property does qualify under criteria established by Resolution 9223-2004 for purchase by the Monroe County Land Authority of small parcels with indigenous hammock and pinelands. ADANisTRATp& RELIEF RESOLUMN Prgt 1 of 2 HOLEMAN, I.or 1, BLOCK 18, LARGO SouND PARK RE# 00469830.00D000 12. This parcel is separated from high quality hammock by a paved road, and has moderate quality hammock. This parcel will require a Habitat Evaluation Index prior to construction, and a Grant of Conservation Easement covering 40% of the parcel shall be recorded prior to the issuance of a building permit. 13. The Applicant has been in the ROGO system for three of the last four annual allocation periods and therefore qualifies for administrative relief. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to Robert Holeman, for Lot 1, Block 18, Largo Sound Park in the form of a dwelling unit allocation award, subject to the following conditions: I . 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 9.5-122.2(f) of the Monroe County Code. 2, This parcel will require a Habitat Evaluation Index prior to construction, and a Grant of Conservation Basement covering 40% of the parcel shall be recorded prior to the issuance of a building permit. 3. The allocation award shall be taken out of the next quarterly allocation which occurs on July 13, 2007 or next available allocation. period. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 21 st day of May, 2007. Mayor Mario Di Gennaro Mayor Pro Tern, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA P.M (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK Mayor Mario Di Gennaro DEPUTY CLERK PMONRO OUNTY ATTORNEY Api R 0 O iORM ADmINISTRATTVE RELIEF RF.SOLUMN Page 2 of 2 HoLEMAN, LOT [, BLOCS 18, LARGO SOLD0 PARK RE# 00459VD.000000 w 0 APMACATIONFOR %6w ADWNISTRATI'V-E RELIEF AA=W.Id kept--- APP6CAM Appbc*el- MUl=9 ow=' i now (ir awkmg owme$.ddrt": -A-vx;. yy by - olla 0= Yo-'Wlf we repm=t Y—) reprewmawm Of Ehk AWKSU Tba Kmr=m �hdd pt%d- -L (..met ZAM) sua"Lle (mc�v YT to MWtWrA MY pMrCrC) fur tb4 xpphcsdw for Adninatrbb-C Ral R5# Do 6 C5 - Leg : dampum (moch mAt" and binds dcanxkm it Amcmary)'-i-L-a-t Dv z ROGO *WficW-i(W— Whit Wad of ad--mnmm km Tw suiting, ------------------- 4CrrARY: Appfi-ofl me SrxTE OF FLORMA ODV,m The fbegomg siglWum was ,J=�kApd ,fe rm %M* f-.1-41 Of BY as id"d I "M. -Ay, %W ;�G?:RGE CGU#ITY z:rZ,* �rE.. w t' qe cf _ AtISCELLAiiiS S FBCHIPT RECEIPT # 55533 RECEIPT DATE 05/05f2006 REC81±rE1J RY : bolzb REC`D. FROM ROBERT HGLEMAN IMF 'c)6.1 UDF 136.2 NOTES pRIgT MACE 05/05/2006 PRINT TIME 1°7:11:58 CpBRATop hclzh 4ogY � a. CASH bRAWSR: 3 FEE 1.D A. G*�3bii' TH*S RCPT BALANCE ZGNING-032 3040.00 g3340.CC To ALE: �304(i.0+ 3040.•£0 �0.00 HETHOD OF PAYMENT AMOUNT 1'TJ.N-SF'R ------`-------"�- CREr"K__V-------_~------------ 550 FIRST STATE SANK TAL R%CEiPT _ 3040.00 Room HoLvaot FL c�Tfat4 40.Oq�itai� _ 6- r--j MONROE COUNTY AFFIDAVIT FOR ROGO AGENCY I hereby authorize: Paul Ty rick & Joyce KnaeMn be listed as (Name of Agenq s)) Authorized agents for - Robert Hoieman- for the (Name of Owner) purpose of aPpl}iftg and signing for the ROGO adrnini-siraxive feliefawicadon for my ProrwAy. This authorization t-w-cornes effective on the date this affidavit is notarized and shall remain in effect until terminated by the undersigned. This authorization acts as a durable power of attorney only for the put -poses stated. The undersigned understands the liabilities involved in the granting of this agency and accepts full responsibility (thug holding Monroe County hwrn)e_ss) for any and all of the actions of the agent(s) named, related to the acquisition Of permits for the aforementioned property owner. Authori7ed Signature NOTARY: STATE OF COUNTY OF I hL, (mrgaing insirum=i was me kno-w-t-edgc, KtfoWw this- day of (I We (Ckmrwrty Name) My umnfnission expire Sigmilum of Notmy Public Personally Km��n ar flnxfuced ldenliftcati4)n :ax I ype L'f 1&mifim ion Pnduo,,d Em Pr,,,,,tr,y lmfomatwn fur 1577014 pa;v I u, 2 ONLY E DATA CENTER It IOW RECORDS SEARCH f*OPf,RTY NI-tWMATION FOR: Al%!rn-qtv Key: 15?7014 RE Number 006(J93C,000WO J-21L--d!—It4�& 4J Y I ARGO KEV 1 Ak% ii fEti T x L. I I 1 ',0 I'AAK FHA4.eY '45T A IJRTI3,EK' �'VZT:0417,11- Sl'ftWVFW) 61 .14 Mrl.t.+cv GROUP EswratoTimxes K. COW V. AN 1 X 1.tiWl N I IAI LAPd Btl2its--- LA%� tAT t OOF. 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Commissioner Charles "Sonny" McCoy RESOLUTION NO 23 -2004 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DIRECTING MONROE COUNTY'S GROWTH MANAGEMENT DIVISION TO MONITOR, LIMIT ISSUANCE OF PERMITS FOR LAND CLEARING IN THE BEST INTEREST AND PROTECTION OF THE PUBLIC GOOD AND IDENTIFY TO THE LAND AUTHORITY FOR RECOMMENDED PURCHASE ALL SMALL PARCELS OF CNA AREAS THROUGHOUT MONROE COUNTY NOT COVERED BY "FLORIDA FOREVER" FUNDS. WHEREAS, it is the desire of its citizens to preserve as much of the indigenous hanumcks and pine stands as possible, and WHEREAS, the large tracts of hammock area will be preserved for purchase by funds from "Florida Forever", and WHEREAS, there is a threshold below which these funds may not be available; and WHEREAS, there is a stream of funds that could be available for the purchase of small parcels, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, THAT: Monroe County's Growth Management Division is hereby directed to: Closely monitor those small parcels in the CNA areas to prevent un-permitted clearing. Limit the issuance of permits for land clearing so that the best interests of the public good, including the encouragement of building affordable housing, are protected. 3. Identify these small parcels, not covered by the "Florida Forever Funds" to the Land Authority for recommended purchase. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County this oth day of Tune, 2004. Mayor Murray Nelson s o m r=- Mayor Pro Tem David P_ Rice_�es �., � ' '=1 Commissioner Charles "Sonny" McCoy_yes c N Commissioner George Neugent yes - � Commissioner Dixie Speh -y,e-s > (SEAL) BOARD OF COUNTY COMMISSIONERS OF C-n Attest: Danny L. large, Clerk MONROE C , FLORIDA-�' B By: Dep Clerk l4IQNROE COUNTY ATTORNEY MAYOR APP OVA�ORM:r....._..... i3 JOHN R. COLLINS COUNTY ATTORNEY txatie.., ©J 1 %tie t, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to be caring, professional and fair To: Board of County Commissioners Through: AM joulani Senior Director of Planning & Environmental Resources From: Julianne Thomas, Planner David DaSiiva, Biologist Date: May 4, 2007 RE: Administrative Relief forRobert Holeman, RE# 00469840-000000 1. BACKGROUND 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 (4) 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 allocation period. Date Entered ROGO: April 10, 2003 Bate Entered Administrative Relief: May S, 2006 ROGO Score: 22 Planning.- 14 (+10) Will (+) Lot Aggregation • (+4) Perseverance Building: 7 • (+1) Flood Zone X • (+4) WaterlEnergy Conservation, • (+2) Structural Integrity Environmental' I • (+1) Group I Page I of 2 Reviewed by cfc+3 W:,GROWTH MANAGEMENPNon Geographic Projectsa0G01Adm Relief\2007 May BOCC1SSpecial AppslHoleman03300393114oleman84O Staff Report.doc 1 11. CUPRENT CONDITIONS 3 Location: Lot 2, Block 18, Largo Sound Park, RE# 00469840.000000 4 5 Owner: Robert Holeman 6 7 Applicant/Agent: Paul Turick 9 Land Use District: Improved Subdivision - Masonry (IS-M) FLUM: Residential Medium (RM) 10 Proposed Tier: 1H 11 12 2006 Taxable Value: $12,525.00 Purchase Price in 2002: $47,000.00 13 14 111. LEGAL ELIGIBILITY AND OPTIONS 15 16 Eligibility for Administrative Relief Options: 17 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 18 2010 Comprehensive Plan provides a mechanism whereby an application which has not received an 19 allocation award in ROGO may apply to the Board of County Commissioners for Administrative Relief. 20 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 21 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 22 annual allocation periods and having submitted their application for Administrative Relief no earlier than 23 the third annual allocation period and no later than ninety (90) days following the close of the fourth 24 allocation period. 25 26 Relief Options under Administrative Relief: 27 The remedies available to an application for Administrative Relief pursuant to Section 9.5-122.2(f)(6) 28 include issuance of one (1) ROGO allocation awarded, just compensation by purchase of the property, or 29 such other relief as may be necessary or appropriate. 30 31 The subject property does contain sensitive environmental features or significant habitat for endangered 32 or threatened species. It therefore does meet the criteria established under the existing Policy 101.6.6 33 and Policy 102.4.2, or the proposed Policy 101.6.5 of the Year 2010 Comprehensive Plan for the 34 purchase of property under Administrative Relief. This parcel is separated from high quality hammock 35 by a paved road., and has moderate quality hammock. If an allocation is approved for this parcel, the 36 parcel will require a Habitat Evaluation Index prior to construction, and prior to issuance of any building 37 permit, a Grant of Conservation Easement covering 40% of the parcel shall be recorded. 38 39 The applicant has requested administrative relief in the form of a granting of one (1) ROGO allocation 40 and has not expressed a desire to sell the property to the County as provided for under Policy 101.6.1 of 41 the Year 2010 Comprehensive Plan. 42 43 1V. RECOMMENDATIONS 44 45 It is recommended that the Board of County Commissioners find that the applicant has met the criteria 46 and qualifies for Administrative Relief and a Resolution be prepared for purchase of the subject property 47 by Monroe County Land Authority. 48 Page 2 of 2 Reviewed by c0653 W:\GROWTH MANAGEMENT,,Non Geographic ProjectslROGOIAdm Reliet12007 May BOCOSpecial AppslHo1eman03300393\Ho1eman840 StaffReport_doe 11, The property does qualify under criteria established by Resolution 9223-2004 for purchase by the Monroe County Land Authority of small parcels with indigenous hammock and pinelands. 12. The Applicant has been in the ROGO system for three of the last four annual allocation periods and therefore qualifies for administrative relief. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Robert Holeman has met the requirements to receive administrative relief for Lot 2, Block 18, Largo Sound Park, RE# 00469840.000000. 2. In accordance with Policy 101.6.5, 101.6.6 and BOCC Resolution 223-2004, the appropriate form of administrative relief for this application is an offer to purchase. The issuance of a ROGO allocation would be inconsistent with the Monroe county year 2010 Comprehensive Plan and BOCC Resolution 223- 2004. The Monroe County Land Authority is requested to have the subject property appraised and subsequently make an offer to purchase. 4. In the event Applicant declines the above referenced offer, Applicant will retain the right to remain in the ROGO system and continue competing for an allocation. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of , 2007. Mayor Mario Di Gennaro Mayor Pro Tem, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia I Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK ADMLVISTRATIVE BELIEF RrsowTION FOR PURCHASE Hmi,EMAN, LOT 2, BLOCK IS, RE# 00469M.000000 Mayor Mario Di Gennaro MONRO COUNTY ti AN Y APP EO MFORM Dale;le,7a Page 2 of 2 . `aeiuoVy �utz��(hj &.�C"R�astiatd t�az;dsz�oa�`zat{ta xa sbrir o. atlb€z sp2ox `staoiacI sauepicnagJ.b U01,4eivasedez lebal E.aou sT uca2au poixWluoa elep atU'Atuo IVIAoxE) f4-0 --oyt all; Aq asn zoj s# deux SrLu -s—s enb irrx vY.Y6PY'13 k:5el n:u: C1URIf3t lfi AiNno BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 21 2007 Division: Growth Management Bulk Item: Yes No X Department: Planning and Env. Resources Staff Contact Person: Julianne Thomas AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for Robert Holeman on Lot 2, Block 18, Largo Sound Park, RE# 00469840.000000. ITEM BACKGROUND: A building permit was applied for on January 30, 2003 and a ROGO application was applied for on April 10, 2003. The applicant applied for administrative relief on May 5, 2006 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. Staff recommends that administrative relief be approved in the farm of purchase by the Land Authority. Please note that the applicant does not have to accept this relief and may stay in the ROGO system to receive an allocation. If the BOCC should determine that administrative relief should be granted in the form of an allocation, a resolution has been provided which provides an allocation and requires a Habitat Evaluation Index along with a Grant of Conservation Easement for a portion of the Lot. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval in the form of purchase by the Land Authority, TOTAL COST: N/A COST TO COUNTY: N/A BUDGETED: Yes N/A No SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes— No— AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management _NIA DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # ADMINISTRATIVE RELIEF IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD RESOLUTION NO. —2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATWE RELIEF MADE BY ROBERT HOLEMAN ON PROPERTY DESCRIBED AS LOT 2, BLOCK 18, LARGO SOUND PARK, RE# 00469840.000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Robert Holeman submitted an application for administrative relief under Sec. 9.5-122(f) 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. Robert Holeman's application for administrative relief is for Lot 2, Block 18, Largo Sound Park, in Monroe County, Florida having RE## 00469840.000000, 2. The date of the ROGO application is April 10, 2003, 3. The ROGO allocation application has been in the ROGO 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. MCC Section 9.5-122.2(f) 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. S. 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 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 May 5,2006, under Section 9.5-122.2(f) of the Monroe County Code (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. 8. The subject property has the land use district designation of Improved Subdivision - Masonry (IS-M), is located in the Largo Sound Park Subdivision and is not environmentally sensitive. 9. Board of County Commissioners Resolution #223-2004 directs staff to identify small parcels with indigenous hammock or pinelands. 10. The subject property is in an area of indigenous moderate quality hammock. l 1. 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. 12. This parcel is separated from high quality hammock by a paved road, and has low quality hammock. This parcel will require a Habitat Evaluation Index ADMmsT]t? nvf REuEf RESOUMON Page I of 2 ROSEkT HOLEWAN, LOT 2, BLOCK 18, LARco SouND PARK, RE4 00469840,000000 prior to construction, and a Grant of Conservation Easement covering 40% of the parcel shall be recorded prior to the issuance of a building permit. 13, The Applicant has been in the ROGO system for three of the last four annual allocation periods and therefore qualifies for administrative relief, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to Robert Holeman, for Lot 2, Block 18, Largo Sound Park, in the form of a dwelling unit 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 of the Monroe County Year 2010 Comprehensive Plan and as required by Section 9.5-122.2(f) of the Monroe County Code. 2. This parcel will require a Habitat Evaluation Index prior to construction, and a Grant of Conservation Easement covering 40% of the parcel shall be recorded prior to the issuance of a building permit. 3. The allocation award shall be taken out of the next quarterly allocation which occurs on July 13, 2007 or next available allocation period. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 21st day of May, 2007. Mayor Mario Di Gennaro Mayor Pro Tem, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK li . 811n Mayor Mario Di Gennaro Mt3NA: G.:'JN! Y 41 TL?RN Y APP D 4 111RMa Data: CLERK ADmrNrsTRArrvE RELIEF REsor. voN Page 2 of 2 RoBERT HoLEmAN, 1.oT 2, BLMK 18, LARW So€ Nj) ?AM RE# 0"69844.o WOO V! m APPIACATION FOR ADIMINIMATINS RELMF .A4VIX*w is; OWE= Applietv-is Name: C— Apph—el Owares rsea�e (if xppLkAug is go O&MMI, -' OwAr S Id.: repe&ew&4m a this applictfion by Somme wIff Lhu Svt 11- J.Jd ft-W: 'I. (V-nW'g name) WhOd- (—L-ich=W &M alldKWiZibg ZD MPreseaL Y�) to Rqwewm my prp� f., this aMhcgiw fx RB---� �61qb dwipdo (aaa hr mews and bow 6 dc*=iption if M"490-Y)! Pernm Date vfmwxttcxm POGO applicatiam— .6akHrioral NOTARY: STATE OF FLORMA A;Vlkxas sil� COUNTY Or-4 The famgolg gnom =kGowledpd before imdw y rrf r7 L-town to rm or Signaimeo(NoWy Public. Stawofflonda of I MISCELUNEGU5 RECEIPT RECEIPT k : 35533 P.EOPIP?' DATE : OS/:3512005 RRZF E V r, 3Y bol zb REC,J. FROM : ROBERT HOLERAN 4 1u'o.i i3Lr� IC6,2 NOTES FRY -IT LATE 05:05/2006 PR I."Ta TIME 10 _11 : 5 8 OP£RTPAR bO_2b COPY # I FEE Ir M0CP.ii THIS RCPT S1aSANTE ZC141NG-032 334a.CIO 3040 .00 a C.O� TrsRs -3C43,00 �304C 00 ,..0v Mfi' WX) OP PA MDA mums N DER ----------------- CHECK -1--- ---'-` 3040.00 ------------------ 550 F'IR..T SAATZ SANK TA.:, RsCEIP:' : 3040.00 300 nwm 40�Amo Date Vol� . _. DAM � i:067dW43RO. 08064.4A I I So 0 sgwn m MONROE COUNTY AF'FTDAVIT FOR ROGO AGENCY 1 hereby authorize: Paul Turicir & Jrevet Knaenen be listed as (Name of Agents)) Authorised agents for: RobertHoleman _ --- -----_ for the (Name of Owner) purpose of applying Kuhl aipaing tow the KOGO administrative rtficf application for my p-per(p. This authorization becomes effective on the dace this affidavit is notarized and shall remain in effect until terminated by the undersigned. This authorization acts as a durable power of attorney only for the purposes stated. The undersigned understands the liabilities involved in the granting of this agency and accepts full responsibility (thus holding Monroe County harmless) for any and all of the actions of the agents) named, related to the acquisition of permits for the aforementioned property owner - Authorized Signature NOTARY: STATE co- Cal: F Fhe f< niag irmMmene was ackrsowfedge 6eFare me this ATUAt'� dsy of by . fps. _._ (Name of t'crscns) for _.__.... ('rit(e of 3uttx>ri�ed Signature) (Company N&mc) My ccmRmksim eapirrs _------_—__ _ _------- Sivvm= of Nvmry Public ilemonAlh, Kjwwn or Pnxtucpl tdent4kaFian ��: L_._ � 7 - : ✓ - 3 Tt "� Type of ]dcntifcMi. t rndfux d Im Pq 1'-opert} nforriation lbi 1�77322 pavc I tyl, 2 ONLINE DATA CFN�rER RE(,<)RDsSFARcH NOPERTVINFOWMATIO's FOR: etitematcKcy:1577,022 RE T.btT: (Y)46Q94(J-0000W A$k OWNER OF RECORD PgiWf,RiY M tr R 31 "1 k 1 10 041 q I "P"', UW# 401 i NIVIK'Al. I (WAY101 UGAL DESCRIPTAg. 460630 40 "IS fAI.F (;R4X-P Pf Coot Map ")'IZC None L,n tom' Com LAID A RxA Pnnpe-j} fcIr I i?7C2? Page 2 1> 2 rf'arcel Value HistDry T,.� IWL i � I IR L.SD Jm EXL4Wrl,.%Or V-Ntftk F. ii .w lu I'm� <; Sk 1(l Psrcel Saks Hisibm N 0 1 f 1 9 Rf., mm t x I It r K - 4 11 R m I t 91 $ 1 (RVI Nil IN F n. H I 111 f XU -4 T If I DA 11 C4 I i Mr S k I t. f I W 1; 11.11 -kirm t PFIIF"kl 1;;Ir CAR O"if * Y1,411 T"VWXt'N' 11. 4J1*7klAt PY.(YJVA)S N41.E if M f-WE N'st Rt me."t HOOKIPAGE Vi,:w'['ax Colloctor Reimal ThLs Page has twen visiwd 2,309 times. m Commissioner Cues "Sonny" McCoy RESOLUTION NO?23 -2004 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DIRECTING MONROE COUNTY'S GROWTH MANAGEMENT DIVISION TO MONITOR, LIMIT ISSUANCE OF PERMITS FOR LAND CLEARING IN THE BEST INTEREST AND PROTECTION OF THE PUBLIC GOOD AND IDENTIFY TO THE LAND AUTHORITY FOR RECOMMENDED PURCHASE ALL SMALL PARCELS OF CNA AREAS THROUGHOUT MONROE COUNTY NOT COVERED BY "FLORIDA FOREVER" FUNDS. WHEREAS, it is the desire of its citizens to preserve as much of the indigenous hammocks and pine stands as possible, and WHEREAS, the large tracts of hammock area will be preserved for purchase by funds from "Florida Forever", and "WHEREAS, there is a threshold below which these funds may not be available; and WHEREAS, there is a stream of funds that could be available for the purchase of small parcels, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, THAT: Monroe County's Growth Management Division is hereby directed to: Closely monitor those small parcels in the CNA areas to prevent un-permitted clearing. 2. Limit the issuance of permits for land clearing so that the best interests of the public good, including the encouragement of building affordable housing, are protected. Identify these small parcels, not covered by the "Florida Forever Funds" to the band Authority for recommended purchase. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County this Uth day of June, 2004, 3 Mayor Murray Nelsons ;'rry Mayor Pro Tern David P. Rice. yes rn . Commissioner Charles "Sonny„ McCoys CZ) `--'3 tv G Commissioner George Neugent yeses,,- ,Q � Commissioner Dixie Spehar— D 340 (SEAL) BOARD OF COUNTY COMMISSIONERS OF CA Attest: Danny L. KoDlhage, Clerk MONROEA;j FLORIDA B By: Dep Clerk MONROE COUNTY ATTORNEY MAYOR AP�P�QV�FQRM: JOHN R. COLUNS a J COUNTY Y ATTORNEY Date ON RESOLUTION NO. --2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY ROBERT HOLEMAN ON PROPERTY DESCRIBED AS LOT 2, BLOCK 18, LARGO SOUND PARK HAVING RE# 00469940.000000 IN THE FORM OF PURCHASE OF THE PROPERTY BY THE MONROE COUNTY LAND AUTHORITY. ''WHEREAS, Robert Holeman submitted an application for administrative relief under § 9.5-122(f) of the Monroe County Land Development Regulations; and VaMREAS, the Monroe County Board of County Commissioners makes the following findings of fact and conclusions of law: Robert Holeman's application for administrative relief is for Lot 2, Block 18, Largo Sound Parr, in Monroe County, Florida having RE# 00469840.000000. 2. The date of the ROGO application is 4/10/2003. 3. The ROGO allocation application has been in the ROGO 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. MCC § 9.5-122.2(f) 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 § 9.5-122.2(f)(6) 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 5/5/2006, under § 9.5- 122.2(f) of the Monroe County Code (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. 8. The subject property has the land use district designation of Improved Subdivision (IS), is located in the Largo Sound Park Subdivision and is environmentally sensitive. 9. Board of County Commissioners Resolution #223-2004 directs staff to identify small parcels with indigenous hammock or pinelands that are ineligible for purchase by. the State with Florida Forever funds, limit the issuance of permits for clearing on said parcels, and recommends said parcel for purchase by the Monroe County Land Authority. 10, The subject property is in an area of indigenous moderate quality hammock and is designated as Tier 3 in the proposed Tier system. ADmfNisnATFVB RELmF RMLUTioN FOR P€3RmAsE Page 1 of 2 HmFmAN, LOT 2, BLOCK 19, RE# 00469840,000000 MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to be caring, professional and fair To: Board of County Commissioners Through: Aref Joulani Senior Director of Planning & Environmental Resources From: Julianne Thomas, Planner David DaSilva, Biologist Date: May 4, 2007 RE: Administrative Relief forRobert Holeinan, RE# 00469850.000000 1 I. BACKGROUND 3 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 4 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 5 annual allocation periods and having submitted their application for Administrative Relief no earlier than 6 the third annual allocation period and no later than ninety (90) days following the close of the fourth 7 allocation. period. 8 9 Date Entered ROGO: April 10, 2003 10 11 Date Entered Administrative Relief: May a, 2006 12 13 ROGO Score: 22 14 15 Planning. 14 16 . (+1 p) Infill 17 . (+) Lot Aggregation 18 . (+4) Perseverance 19 .Building: 7 20 + (+1) Flood Zone X 21 • (+4) Water/Energy Conservation, 22 • (+2) Structural integrity 23 Environmental: 1 24 • (+l) Group 1 26 27 28 29 Page 1 of 2 Reviewed by �C W:IGROWTH MANAGEMENT,Non Geographic Projectsa0G01Adm Reliefl2007 May B000Special App, +Holeman 03300394\Holeman850 Staff Reportpurchase.doc 1 II. CURRENT CONDITIONS 2 3 Location: Lot 3, Block 18 Largo Sound Park RE# 00469850.000000 4 5 Owner; Robert Holeman 6 7 Applicant/Agent: Paul Turick 8 9 Land Use District: Improved Subdivision — Masonry (IS) FLUM: Residential Medium (RM) 10 Proposed Tier: III 11 12 2006 Taxable Value: $12,525.00 Purchase Price in 2002: $21,500.00 13 14 III. LEGAL ELIGIBILITY AND OPTIONS 15 16 Eligibility for Administrative Relief Options: 17 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 18 2010 Comprehensive Plan provides a mechanism whereby an application which has not received an 19 allocation award in ROGO may apply to the Board of County Commissioners for Administrative Relief. 20 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 21 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 22 annual allocation periods and having submitted their application for Administrative Relief no earlier than 23 the third annual allocation period and no later than ninety (90) days following the close of the fourth 24 allocation period. 25 26 Relief Options under Administrative Relief: 27 The remedies available to an application for Administrative Relief pursuant to Section 9.5-122.2(f)(6) 28 include issuance of one (1) ROGO allocation awarded, just compensation by purchase of the property, or 29 such other relief as may be necessary or appropriate. 30 31 The subject property does contain sensitive environmental features or significant habitat for endangered 32 or threatened species. It therefore does meet the criteria established under the existing Policy 101.6.6 33 and Policy 102.4.2, or the proposed Policy 101.6.5 of the Year 2010 Comprehensive Plan for the 34 purchase of property under Administrative Relief. This parcel is separated from high quality hammock 35 by a paved road, and has moderate quality hammock. 36 37 The applicant has requested administrative relief in the form of a granting of one (1) ROGO allocation 38 and has not expressed a desire to sell the property to the County as provided for under Policy 101.6.1 of 39 the Year 2010 Comprehensive Plan. 40 41 IV. RECOMMENDATIONS 42 43 It is recommended that the Board of County Comrnissioners find that the applicant has met the criteria 44 and qualifies for Administrative Relief and a Resolution be prepared for purchase of the subject property 45 by Monroe County Land Authority. Page 2 of 2 Reviewed by C1)ocuments and Settings`.thornas-juliann6My Documents\AdminRelief Staff Report ALLOCATION.doc 12. This parcel is separated from high quality hammock by a paved road, and has moderate quality hammock. if an allocation is approved, this parcel will require a Habitat Evaluation Index prior to construction, and a Grant of Conservation Easement Preserving 40% of the Parcel shall be recorded prior to the issuance of a building permit. 13. The Applicant has been in the ROGO system for three of the last four annual allocation periods and therefore qualifies for administrative relief. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMNSSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to Robert Holeman, for Lot 3, Block 18 Largo Sound Park in the form of a dwelling unit 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 of the Monroe County Year 2010 Comprehensive Plan and as required by Section 9.5-122.2(f) of the Monroe County Code. 2. This parcel will require a Habitat Evaluation index prior to construction, and a Grant of Conservation Easement covering 40% of the parcel shall be recorded prior to the issuance of a building permit. 3. The allocation award shall be taken out of the next quarterly allocation which occurs on July 13, 2007 or next available allocation period. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 21 " day of May, 2007, Mayor Mario Di Gennaro Mayor Pro Tem, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Mario Di Gennaro (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK � oAPpo�S fORM ADmIa,€ smATwE RELmF RESOL€JTioN Page 2 of 2 HmEmAN, LOT 3, t:3LoeK 18 LARoo 8oLND PARK RE# 00469850.000000 ADMINISTRATIVE RELIEF IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION 'IVA RESOLUTION NO. 2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY ROBERT HOLEMAN ON PROPERTY DESCRIBED AS LOT 3, BLOCK 18 LARGO SOUND PARK HAVING RE# 00469850.000000 IN THE FORM OF PURCHASE OF THE PROPERTY BY THE MONROE COUNTY LAND AUTHORITY. WHEREAS, Robert Holeman submitted an application for administrative relief under § 9.5-122(f) 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. Robert Holeman's application for administrative relief is for Lot 3, Block 18 Largo Sound Park in Monroe County, Florida having RE# 00469850.000000. 2. The date of the ROGO application is 4/10/2003. 3. The ROGO allocation application has been in the ROGO system for at least four (4) consecutive years and qualities for administrative relief under Policy 101.6.1 of the Monroe County Year 2010 Comprehensive Plan. 4. MCC § 9.5-122.2(f) 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 §9.5-122.2(f)(6) 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 515/2006, under §9.5-122.2(f) of the Monroe County Code (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. 9. The subject property has the land use district designation of Improved Subdivision (IS), is located in the Largo Sound Park Subdivision and is environmentally sensitive. 9. Board of Country Commissioners Resolution #223-2004 directs staff to identify small parcels with indigenous hammock or pinelands that are ineligible for purchase by the State with Florida Forever funds, limit the issuance of permits for clearing on said parcels, and recommends said parcel for purchase by the Monroe County Land Authority. I0. The subject property is in an area of indigenous moderate quality hammock and is designated as Tier 3 in the proposed Tier system.. ADmw15TRATVa RELIEF RESOLUTION FOR PURCHASE Page 1 of 2 HOLEMAN, LOT 3, BLOCK 19 REE# 60469850.000W0 11. The property does qualify under criteria established by Resolution #223-2004 for purchase by the Monroe County Land Authority of small parcels with indigenous hammock and pinelands. 12. The Applicant has been in the ROGO system for three of the last four annual allocation periods and therefore qualifies for administrative relief. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: 1. Robert Holeman has met the requirements to receive administrative relief for Lot 3, Block 18 Largo Sound Park having RE# 00469850.000000. In accordance with Policy 101.6.5, 101.6.6 and BOCC Resolution 223-2004, the appropriate form of administrative relief for this application is an offer to purchase. The issuance of a ROGO allocation would be inconsistent with the Monroe county year 2010 Comprehensive Plan and BOCC Resolution 223- 2004. The Monroe County Land Authority is requested to have the subject property appraised and subsequently make an offer to purchase. 4. In the event Applicant declines the above referenced offer, Applicant will retain the right to remain in the ROGO system and continue competing for an allocation. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of 2007. Mayor Mario Di Gennaro Mayor Pro Tern, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 10 (SEAL) Mayor Maria Di Gennaro RNROE COUNTY ATTORNEY ATTEST: DANNY L. KOLHAGE, CLERK APPROVEDAS TO FOR* Dale: — cr DEPUTY CLERK ADMrNBTRATIvB RELIEF RFsOLunoN FOR PURCHASE Page 2 uC 2 HmEMAN, LoT 3, Bwm 19 RE# 0040850.000000 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: _ _ May 21, 2007 Division: Growth Management Bulk Item: Yes No X Department: Planning and Env. Resources Staff Contact Person: Julianne Thomas AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for Robert Holeman on Lot 3, Block 18 Largo Sound Park RE# 00469850.000000. ITEM BACKGROUND: A building permit was applied for on January 30, 2003 and a ROGO application was applied for on April 10, 2003. The applicant applied for administrative relief on May 5, 2006 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. Staff recommends that administrative relief be approved in the form of purchase by the Land Authority. Please note that the applicant does not have to accept this relief and may stay in the ROGO system to receive an allocation. If the BOCC should determine that administrative relief should be granted in the farm of an allocation, a resolution has been provided which provides an allocation and requires a Habitat Evaluation. Index along with a Grant of Conservation Easement for a portion of the Lot. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval in the form of purchase by the Land Authority. TOTAL COST: N/A COST TO COUNTY: N/A BUDGETED: Yes N/A No SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management N/A DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # pm omARTUBW UILY kw A"LJCAT14MNFOR %�4 �:v ADMMSTRATWE RELEEF 4Ppjitmm i4, -- O*mw APP6wntc�s liana;' - -!2,T-.- A;v,�t., muung adkkmc ga L-reS�h�1f 3� Qwnev's noun (if A"Ikaw a UA owna; - Admw. 3so. a�!! N2 �f—'r kA]94Q (Pkase a>och . =..m 4wbxw" tqnmnmtm of Otis 4*kab— by — -b- a- Y—It Th. ttamnw= Jwwk remi- 'I. (OVAUes: Dararcl *== = auffi*Azmg in fqwesag you) to raprexm wy pcopwty fcx O�m appbcwioa kw REI- 00 Y6C- L=jp. 4eseripum faawh owim Lad b&Lo,% dm=Pwm if 1-Al2&e> -So L>Qlt� 'FlAW Dice ofm:,s, mmat RCGO qVficom VA*c " of Rdmins=vive i*W m yw IcWn NCrTAP Y: STATE OF FLCWMA AM4c*nts IWUVZI( CDV.4T'Y OP Tee t�!V—g Sigmftc= was xctaowkdged befum rr,- this —t;4n of iF pomaxllv kMCm-M Eo Mt tr PTO J, Maas &gna= of NOMY NbliC, SUIc Of FlOddA MONROE COUNTY AFFIDAVIT FOR ROGO AGENCY t hereby authorize: Paul Turick & Jovice )Grieves be fisted as (Name of Agent(s)) - Authorized agents for - Hobert Holeman _ _- for the (Name of Owner) Purpose of applying arrd signing for the ROGO sdrainimadve relief vplication for my P-PeTty- This unhorization becomes effective on the date this affidavit is notarized and shall remain in effect until terminated by the undersigned. This authorization acts as a durable power of attorney only for the purposes stated. The undersigned understands the liabilities involved in the granting, of this agency and accepts full responsibility (thus holding Morin County harmless) for any and all of the actions of the agents) named, related to the acquisition of pernuts for the aforementioned property owner_ f Auth�gnature NOTARY: STATE OF COUNTY OF J r14/ Tics fc t grrirrg inmrumew was aeimowtrdge 6rfort me this day of by (Name of Person) (Tack of AuthcxUD4 Siprumne) (Compaay Name) My cormission cxpirov __._ Sit== of Notmv Public Pcrso.[W K,ro n, or Produced Idmuf3caSon _ (. ( rF ¢ { • �{E 3 t �J Type of ldrarraficatSon Produced rly cv :,.ril 3a 1 c€ 1 R-CEIPT 4 65533 RECR1PT DAT3 05/05/2CC6 MONROE COUNTY ***LIVE'** MISCELLANEOUS ;ZECEIP- RECEIt,--) BY : bolzb REC'D. FROM ROBERT P_OIEMAN DF 105.1 VDF 106.1 NOTES FEE ID Ai40i7N S �t)NIt7G- 032 304 0 .OA p3040-00 METHOD Cr PAYMENT AMOUNT - ---------------------------- ChECR 3040.00 IAL RECEIPT I. gym«=304e¢GO m PRINT DA_fl 05/05/2fiD6 Pitlt3T T"ME 10:11:58 OPERATCR bolzb COPY # 1 CA-H DWk-dER; 3 THIS RCPT BALANCE -- ---3040.0Q0.00 a3040sCC Q�r�0.00 t7.'MBER ------------------ 550 FIRST STATE BANK s:E36 �FlClt �x.36 8C#6 i3 i t 5l* as SO Pf,',Nrr1nfo=36<,n 1ti,r f j770,1 A2 W F :5" ON-LINE DATA CENTER Al, Ri.,coRns SEmic PR45PERTI PWO"IATION FDR; Altvc Key: 1577011 P.F Numher 0G464S50-00(xy.W) pig% C-I lx"aTM% M Y -kkW Ur 'M " 1 1 1 -RK N 0 1.) St abt\ LsJUN. I � V�RK li I AMI Mlt,L,dA'. 1"'am f Rl I'll I IA' [AID U�-F ( tho -SIM r tlOIARF-4 no lk et 1. 4,'2007 I'lr "S 7 7031 past! � If, Fax Rm. v EAst Mi ri rw\c, UcK kfll1; aaCrs Fr Ins., 0 Parcef sit" lbstor, Nf;ip -Ojkrqtl f ktn Rj f'lrjf Ft! Mr) 11) R.Et, "f,,Ik,WUfNp tkow"4Z D'If ,I 't t, F, PlirkSt LI, r w F Ffmi "t rrWx r�- IT, f t R.4 Tc r3FixUL RECVRM Boo* MAGC )l%TRLMFS-r This page has been vicicd 2,3U9 timc, M 0! 1, 4,22 00 1 Commissioner Chades " A=y " McCoy RESOLUTION NW 23 -2004 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DIRECTING MONROE COUNTY'S GROWTH MANAGEMENT DIVISION TO MONITOR, LIMIT ISSUANCE OF PERMITS FOR LAND CLEARING IN THE BEST INTEREST AND PROTECTION OF THE PUBLIC GOOD AND IDENTIFY TO THE LAND AUTHORITY FOR RECOMMENDED PURCHASE ALL SMALL PARCELS OF CNA AREAS THROUGHOUT MONROE COUNTY NOT COVERED BY "FLORIDA FOREVER" FUNDS. WHEREAS, it is the desire of its citizens to preserve as much of the indigenous hammocks and pine stands as possible, and WHEREAS, the large tracts of hammock area will be preserved for purchase by funds from "Mori da Forever", and WHEREAS, there is a threshold below which these funds may not be available; and WHEREAS, there is a stream of funds that could be available for the purchase of small parcels, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, THAT: Monroe County's Growth Management Division is hereby directed to: Closely monitor those small parcels in the CNA areas to prevent un-permitted clearing. 2. Limit the issuance of permits for land clearing so that the best interests of the public good, including the encouragement of building affordable housing, are protected. 3. Identify these small parcels, not coverers by the "Florida Forever Funds" to the Land Authority for recommended purchase. PASSED AND ADOPTER by the Board of County Commissioners of Monroe County this ifith day of June, 2004. Mayor Murray Nelsonyaas X O Zo ' C �^- rn Mayor Pro Tern David P. Rice_ n ? -yes Commissioner Charles "Sonny" mcCoy_yes c N G Commissioner George Neugent yes Commissioner ., f Dixie Spehar —rn _Yes (SEAL) BOARD OF COUNTY COMMISSIONERS OF Attest: Danny L. lhrge, Clerk MONROE C , FLORIDA E B; By: Clerk MONROE GOtlNTY RT�ORNEY MAYOR APP OV�I`flRM: q �� J©HN R. Cr%1 I WO COUNTY i�atQ. _ LLB 4 I 1 ATTORNEY , _ RESOLUTION NO. —2007 A RESOI..UTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY ROBERT HOLEMAN ON PROPERTY DESCRIBED AS LOT 3, BLOCK 18 LARGO SOUND PARK, RE# 00469850.000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Robert Holeman submitted an application for administrative relief under See. 9.5-122(f) of the Monroe County Land Development Regulations; and "EREAS, the Monroe County Board of County Commissioners makes the following findings of fact and conclusions of law: Robert Holeman's application for administrative relief is for Lot 3, Block 18 Largo Sound Park in Monroe County, Florida having RE# 00469850.000000. 2. The date of the ROGO application is April 10, 2003. 3. The ROGO allocation application has been in the ROGO 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. MCC Section 9.5-122.2(f) 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 9.5-122.2(f)(6) 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 May 5, 2006, under Section 9.5-122.2(f) of the Monroe County Code (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. 8. The subject property has the land use district designation of Improved Subdivision - Masonry (IS-M), is located in the Lot 3, Block 18 Largo Sound Park and is not environmentally sensitive. 9. Board of County Commissioners Resolution #223-2004 directs staff to identify small parcels with indigenous hammock or pinelands. 10. The subject property is not in an area of indigenous hammock or pinelands. 11. 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. 12. The Applicant has been in the ROGO system for three of the last four annual allocation periods and therefore qualifies for administrative relief. ADW,,'IS RATIVE RELIEF RESOLUTION Page 1 of 2 HOLEMAy, Lor 3. B€.oc'K 18 LARGO SOUND PARK RE# ON69850.000000 Protected NTY joONRQE A AOL, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to he caring, professional rind fair To: Board of County Connrnissioners Through: Aref Joulani Senior Director of Planning & Environmental Resources From: Julianne Thomas, Planner David DaSilva, Biologist Date: May 4, 2007 RE: Administrative Relief forRobert Holetnan RE# 00469860.000000 I. BACKGROUND 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 (4) 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 allocation period, Date Entered ROGO: April 10, 2003 Date Entered Administrative Relief: May 5, 2006 ROGO Scare: 22 Planning: 14 (+10) infill + (+) Lot Aggregation + (+4) perseverance Building: 7 + (+1) Flood Zone X + (+4) WaterTnergy Conservation, + (+2) Structural Integrity Environmental: I + (+1) Group I Page i of 3 Reviewed by ctt63 W:iGROWTH MANAGEMENTlNon Geographic ProjectsaOG0'Adm Relicf,,2007 May BOCC;Special Apps',Holeman 03300346,Holeman860Staff Reportpurchase.doc 1 11. CURRENT CONDITIONS 2 3 Location: Lot 4, Block 18, Largo Sound Park,RE# 00469860,000000 4 5 Owner: Robert Holeman 6 7 Applicant/Agent: Paul Turick 8 9 Land Use District: Improved Subdivision -Masonry (IS - M) FLUM: Residential Medium (RM) 10 Proposed Tier: Ill 11 12 2006 Taxable Value: S 12,525.00 Purcbase Price in 2002: $21,500.00 13 14 III. LEGAL ELIGIBILITY AND OPTIONS 15 16 Eligibility for Administrative Relief Options: 17 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 18 2010 Comprehensive Plan provides a mechanism whereby an application which has not received an 19 allocation award in ROGO may apply to the Board of County Commissioners for Administrative Relief. 20 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 21 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 22 annual allocation periods and having submitted their application for Administrative Relief no earlier than 23 the third annual allocation period and no later than ninety (90) days following the close of the fourth 24 allocation period. 25 26 Relief Options under Administrative Relief: 27 The remedies available to an application for Administrative Relief pursuant to Section 9.5-122.2(f)(6) 28 include issuance of one (1) ROGO allocation awarded, just compensation by purchase of the property, or 29 such other relief as may be necessary or appropriate. 30 31 The subject property does contain sensitive environmental features or significant habitat for endangered 32 or threatened species. It therefore does meet the criteria established under the existing Policy 101.6.6 33 and Policy 102.4.2, or the proposed Policy 101.6.5 of the Year 2010 Comprehensive Plan for the 34 purchase of property under Administrative Relief. This parcel is separated from high quality hammock by 35 a paved road, and has moderate quality hammock. 36 37 The applicant has requested administrative relief in the form of a granting of one (1) ROGO allocation 38 and has not expressed a desire to sell the property to the County as provided for under Policy 10I.6.1 of 39 the Year 2010 Comprehensive Plan. 40 41 IV. RECOMMENDATIONS 42 43 It is recommended that the Board of County Commissioners find that the applicant has met the criteria 44 and qualifies for Administrative Relief and that a Resolution be prepared for purchase of the subject 45 property by Monroe County Land Authority. 46 47 Page 2 of 3 Reviewed by W:',GROWTH MANAGEMENT Non Geographic ProjectslROGOIAdtn Relieft2007 May BOCC,Special AppsiHoleman 033003961Haletmn8605taff Reportpurchase.doc 6UN-TY ORMONRO .IOrwfss; k-f ADMINISTRATIVE RELIEF IN THE FORM OF PURCHASE OF THE PROPERTY BY THE MONROE COUNTY LAND AUTHORITY RESOLUTION NO. 2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY ROBERT HOLEMAN ON PROPERTY DESCRIBED AS LOT 4, BLOCK 18, LARGO SOUND PARK,RE# 00469860.000000 IN THE FORM OF PURCHASE OF THE PROPERTY BY THE MONROE COUNTY LAND AUTHORITY. WHEREAS, Robert Holeman submitted an application for administrative relief under §. 9.5-122(f) 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. Robert Holeman's application for administrative relief is for Lot 4, Block 18, Largo Sound Park, in Monroe County, Florida having RE# 00469860,000000. 2. The date of the ROGO application is 4/10/2003. 3. The ROGO allocation application has been in the ROGO 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. MCC § 9.5-122.2(f) 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 § 9.5-122.2(f)(6) 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 5/5/2006, under § 9.5- 122.2(f) of the Monroe County Code (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. 8. The subject property has the land use district designation of Improved Subdivision (IS), is located in the Largo Sound Park Subdivision and is environmentally sensitive. 9, Board of County Commissioners Resolution #223-2004 directs staff to identify small parcels with indigenous hammock or pinelands that are ineligible for purchase by the State with Florida Forever funds, limit the issuance of permits for clearing on said parcels, and recommends said parcel for purchase by the Monroe County Land Authority. 10, The subject property is in an area of indigenous moderate quality hammock and is designated as Tier 3 in the proposed Tier system. ADMAriSTRATWE RELIEF REsoL moh Page 1 of 2 HOLEMAN, LOT 4, $LOCK 18,RE4 OW9860.000WO 11. The property sloes qualify under criteria established by Resolution #223-2004 for purchase by the Monroe County Land Authority of small parcels with indigenous hammock and pinelands. 12. The Applicant has been in the ROGO system for three of the Iast four annual allocation periods and therefore qualifies for administrative relief. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Robert Holeman has met the requirements to receive administrative relief for Lot 4, Block 18, Largo Sound Park,RE# 00469860.000000. 2. In accordance with Policy 101.6.5, 101.6.6 and BOCC Resolution 223-2004, the appropriate form of administrative relief for this application is an offer to purchase. The issuance of a ROGO allocation would be inconsistent with the Monroe county year 2010 Comprehensive Plan and BOCC Resolution 223- 2004. 3. The Monroe County Land Authority is requested to have the subject property appraised and subsequently make an offer to purchase. 4. In the event Applicant declines the above referenced offer, Applicant will retain the right to remain in the ROGO systems and continue competing for an allocation. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of 2007. Mayor Mario Di Genaro Mayor Pro Tern, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) Mayor Mario Di Gennara ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK A€?M NISTRATVE RELIEF kEsownoN HOLEMA.N, LOT 4, BLOCK 18,RE# 00469860,WOD00 Maur n rrr� o"ar��r , APP{�p �p S Ff3R� Page 2 of 2 ADMINISTRATIVE RELIEF IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD RESOLUTION NO. 2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY ROBERT HOLEMAN ON PROPERTY DESCRIBED AS LOT 4, BLOCK 18, LARGO SOUND PAWRE# 00469860.000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Robert Holernan submitted an application for administrative relief under Sec. 9.5-122(f) 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. Robert Holeman's application for administrative relief is for Lot 4, Block 18, Largo Sound Park in Monroe County, Florida having RE# 00469860,000000, 2. The date of the ROGO application is April 10,2003. 3. The ROGO allocation application has been in the ROGO 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. MCC Section 9.5-122.2(f) 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 9.5-122.2(f)(6) 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 May 5, 2006, under Section 9,5-122.2(f) of the Monroe County Code (MCC) and Policy 101.6.1 of the 2010 Comprehensive Plan. 7. Policy 101 A5 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. 8. The subject property has the land use district designation of Improved Subdivision - Masonry (IS-M), is located in the Lot 4, Block 18, Largo Sound Park and is environmentally sensitive. 9. Board of County Commissioners Resolution #223-2004 directs staff to identify small parcels with indigenous hammock or pinelands. 10. The subject property is not in an area of indigenous hammock or pinelands. 11. The property does qualify under criteria established by Resolution #223-2004 for purchase by the Monroe County Land Authority of small parcels with indigenous hammock and pinelands. 12. This parcel is separated from high quality hammock by a paved road, and has low quality hammock. This parcel will require a Habitat Evaluation Index AUmiNisr2nTwE REtaF RESOLUTfON Page 1 of 2 R46$R? fICiI.FMRN, for 9, BLaCXC 18, LAP SOUND PARK RE# OW9860.(00W prior to construction, and a Grant of Conservation Easement Preserving 40% of the Parcel shall be recorded prior to the issuance of a building permit. 13. The Applicant has been in the ROGO system for three of the last four annual allocation periods and therefore qualifies for administrative relief, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to Robert Holeman, for Lot 4, Block 18, Largo Sound Park in the form of a dwelling unit allocation award, subject to the following conditions: I. 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 9.5-122.2(f) of the Monroe County Code. 2. This parcel will require a Habitat Evaluation Index prior to construction, and a Grant of Conservation Easement Preserving 40% of the Parcel shall be recorded prior to the issuance of a building permit. 3. The allocation award shall be taken out of the next quarterly allocation which occurs on July 13, 2007 or next available allocation period. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 21" day of May, 2007. Mayor Mario Di Gennaro Mayor Pro Tern, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 1yj (SEAL) Mayor Mario Di Gennaro ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK MONRDE COUNTY AWQRNEY t IVPPR Q AS ID,W ADD-;NisTRATrvE RELmF REsoLu noN Page 2 or 2 ROBERT HOLEMAN, LoT 4, BLOcK 18, LARoo SouND PARK,RE# 00469860.000000 APPLICATION FOR ADNOWLSTRATIVE RELIEF Applis is: AudxmRCPLesemaUVC Aqphc4n(&majUmgxddm" 2-12 Dwvct's Mime fir app&-au is aaawrgr): -Rr>V--A-1 -T .'Please amuh I llllllexet --Lbwizmg zqxr*m"Ca of Phis appkica6m by BGMOOM Cd— Lh= YOU— nIf- = RNA==' Ibmw lead 't (DWWYK name) I w6wizing to re-Presew you) io remftm ray propery for this Vpkxion far=l="t.7 Leo description fxuwh artts ud bQwWs 4cr--mpjjop if D= of rust rexal RnGO Vplication: Whtt kindof admia=wiw m4jel are you seeldrg, r-�I.dUI IT Additiona NOTA3M STATE OF FLCWM4 COUN" The foregoing signamm waz btfaae.rnc this -; �; -day of Yl -,114 1-, "Z1 Who ts POTSOnally Lot-% to me or prodweij VV Z- t UVI Sipal= of Notary Public, ftft of Flonda MONROE COUNTY AFFIDAVIT FOR ROGO AGENCY f here -by authorize Paul Turick & .levee Kamen be listed as (Flame of Ageat(s)) Authorized agents for: Robert Holeman for the Game of OAmer) Purpose cif applying sud signing for aw ROGO administrutire reficf applicatiun for my PmPerty- This authorization becomes effective on the date this affidavit is notarized and shall remain in effect until terminated by the undersigned. This and wizatim acts as a durable power of attorney only far tic purposes stated_ The undersigned understands the liabilities involved in the granting of this agency and accepts full responsibility (thus }soloing Monroe County harmless) for any and all of the actions of the agent($) named, related to the acquisition of permits for the aforementioned property owner. r Au Signature NOTARY STATE OF OZ�rc_ coui, Ti' C1F f. t t j the fotegnrng iaaatrmertt ryes scicrcnv3edet betb�re ma this by (Flame of Person) for (Title of AiR}.d.d signal=) (Cumpmy NUM) My Cib=13''W" expires Segnarure of Nvtar}• Public --- Pcruxixlly Known _ ar Prnduud ldertificatinn �'r r �i i?pe of IdentifeCbtion PrCKWC i RECE PT vATE CS:`31, 2i3�5 �^.BRIi'?' _H'w _:_::1__•e'~ nR tK i:G COPY ft RECE:._, BY 4EC'D. FROM hal« R3STR7 :ASH DRA-rrER: 3 jD ib- UDr i' 6G 2 . I .,-----A Ay..C��}IT 7riSS R=YPT f3A7J,NCE 20 SY;-u3� 3�43.LC 3040 C-C, -- .OS ME'rliOD Oi PAYMZNT A.40LT.%l ti f2FR ` vCe{ -. K __3w4D.C'C 350 FIRST SATE aA,,Tft r �1 R_CSIF^ G�3C4}jC•C �1,rCC'�. Lam TAA3 SOU 370iF�IWf6 e�.&16�is1-i�t i�l f,eaaa to ndw � S c CzAmn Aay wme _ EtFI& ?CfQC1L 3$r; CiBL��is. } 3 � 1 �� f3 5 SL] PIN In P7("PertY lflf=tatwn !Ot ;577£r-#8 Pmpen, Drt-�16 Ow'% I x f4 R ym= :9A wa'l K I 31i I I I IRD RF,Al) ppt V I IO'l PH11" It L(X Al R).N KI � L.UtO) SIJ, 1!) PAKK MO-1 olk; 40 iST %[M L,11, USE Cwx Map 1470 Nvnc r srna;i r Ejcdicjm r. !.arsv. L"U'LRIA 1* 1 P4.,2(07 Page of ------------ U DM, Lkr- LN F'�fpnl t.�N "�j M*Roh c4Ems 11 'S� NCLE InNI. 1 low M3 FP2rCeISaks Hisron Si IT. D., rp OV'Ht VLL PJ'7qj1'5 115IRI 'IVvt 'A L� View Tax-Callc�cor Record ,,is page Us bcn vkiled -JQ9 I'm", m htip:-';"-,vwjncpajj 1,14,2(07 Commissioner Chmies -Sonny- McCoy RESOLUTION N0�23 -2004 A RESOLUTION OF THE BOARD OF COUNTY COMNIISSIONERS OF MONROE COUNTY, FLORIDA, DIRECTING MONROE COUNTY'S GROWTH MANAGEMENT DIVISION TO MONITOR, LIMIT ISSUANCE OF PERMITS FOR LAND CLEARING IN THE BEST INTEREST AND PROTECTION OF THE PUBLIC GOOD AND IDENTIFY TO THE LAND AUTHORITY FOR RECOMMENDED PURCHASE ALL SMALL PARCELS OF CNA AREAS THROUGHOUT MONROE COUNTY NOT COVERED BY "FLORIDA FOREVER" FUNDS. WHEREAS, it is the desire of its citizens to preserve as much of the indigenous ham ock$ and Pine stands as possible, and "WHEREAS, the large tracts of hammock area will be preserved for purchase by funds from "Florida Forever", and WHEREAS, there is a threshold below which these funds may not be available; and WHEREAS, there is a stream of funds that could be available for the purchase of small parcels, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, THAT: Monroe County's Growth Management Division is hereby directed to.. Closely monitor those small parcels in the CNA areas to prevent un-permitted clearing. Limit the issuance of permits for land clearing so that the best interests of the public good, including the encouragemem of building affordable housing, are protected. 3. Identify these small parcels, not covered by the "Florida forever Funds" to the Land Authority for 1ecommended purchase. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County this,.Wth day of .tune, 2004. Mayor Murray Nelsons� rr, Mayor Pro Tern David P. Rice_ye- �. Commissioner Charles "Sonny" McCoy_res Coftnissioner George Neugent yes ? c M Commissioner Dixie Spehar. yam, � o � (SEAL) BOARD OF COUNTY COMMISSIONERS OF can B : Attest: Danny L. lhage, Clerk MONROE C , FLORIDA By: E pep Clerk MONROE COUNTY ATTORNEY MAYOR RPP�f O�V AS TO FORM: J©HN R. COLL 110 ATTORNEY COUNTY, 9rTos .�...