Resolution 592-2002
RESOLUTION NO. 592 - 2002
A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVING WITH CONDITIONS THE REQUEST FOR
ADMINISTRATIVE RELIEF IN THE FORM OF A RESIDENTIAL BUILDING
PERMIT MADE BY JENNIFER HOCK REPRESENTING MICHAEL J.
CALDER ON THE LOT DESCRIBED AS BLOCK 4, LOT 42 PINE CHANNEL
ESTATES, BIG PINE KEY, REAL ESTATE NUMBER 00248810.000000.
WHEREAS, Ian Moffett and Michael J. Calder have submitted an application for a
building permit allocation under the Residential Rate of Growth Ordinance (ROGO) in March of
1998; and
WHEREAS, the application has been In the ROGO system for at least four (4)
consecutive years; and
WHEREAS, Jennifer Hock, representing Michael J. Calder has applied for
administrative relief under Momoe County Code Section 9.5 122.2 (f); and
WHEREAS, the Board of County Commissioners (BOCC) has the authority to grant
administrative relief under Section 9.5 122.2. (f) in the form of granting the applicant a building
allocation, offer to buy the property at fair market value, or such other relief as may be necessary
and appropriate; and
WHEREAS, the application has received negative (-10) points because the subject
property is located on Big Pine Key which is considered a critical habitat area; and
WHEREAS, there has been a building moratorium since 1996 on Big Pine on all trip-
generating development because of an inadequate level of service (LOS) on the segment of US 1
which passes through Big Pine; and
WHEREAS, in order to increase the LOS on Big Pine an incidental take permit in the
form of a Habitat Conservation Plan (HCP) must be submitted the US Fish and Wildlife Service
(USFWS) to mitigate the impact of road improvements on the endangered species on Big Pine;
and
WHEREAS, the completed HCP IS awaiting BOCC approval for submittal to the
USFWS for their approval; and
WHEREAS, both the HCP and Goal 105 of the Year 2010 Comprehensive Plan
implement a system of designating lands into three Tier areas. Tier I lands are any defined
geographic areas where all or a significant portion of the land area is characterized as
environmentally sensitive. Tier II lands are any defined geographic area where scattered groups
and fragments of environmentally sensitive lands, may be found and where existing platted
subdivisions are not predominately developed, not served by complete infrastructure facilities, or
not within close proximity to established commercial areas. Tier III lands are any defined
geographic area where a significant portion of land area is not characterized as environmentally
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sensitive, where existing platted subdivisions are substantially developed, served by complete
infrastructure facilities, and within close proximity to established commercial areas; and
WHEREAS, the submitted HCP allows for limited residential development on Big Pine
in specific areas designated as Tier II and Tier III with appropriate mitigation as necessary; and
WHEREAS, the HCP designates Pine Channel Estates is a Tier III area where additional
infill development will be permitted; and
WHEREAS, the subject lot is not environmentally sensitive land, but rather a disturbed,
scarified lot within an existing subdivision which is more than fifty-percent built and served by
infrastructure; and
WHEREAS, the subject lot is not listed on the USFWS endangered and threatened
species habitat list and therefore additional coordination with USFWS is required;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the request filed by Jennifer
Hock on behalf of Michael Calder for administrative relief in the form of a residential building
permit is APPROVED subject to the following conditions:
1. The permit shall be ranked as 28th on the Big Pine Allocation list; and
2. The timing of the issuance of the permit shall be in accordance with the annual number of
residential allocations defined by Policy 103.1.1, as amended, of the Year 2010
Comprehensive Plan and subject to concurrency as required by Section 9.5-292 Monroe
County Code; and
3. Technical review coordination with US Fish and Wildlife Service and the assignment of a
~ nJitrie~t rejuction credit shall be required prior to the issuance of a the permit.
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~ JC P~D AND ADOPTED by the Board of County Commissioners of Monroe County,
n::: Floriaa a~lar meeting held on the 18th day of December 2002.
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Mayor Dixie Spehar
Mayor Pro Tern Murray Nelson
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner David P. Rice
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BOARD OF COUNTY COMMISSIONERS
OF MO~9E. c;OUJ:ay, FL9RIDf .
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BY
Mayor Dixie Spehar
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