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S. Public Hearings
Meeting Date: 11/14/07 - KW Bulk Item: Yes No X �, . r• �. �� :. ,,, Division: CounVAttorney's Office Staff Contact Person: Suzanne A. Hutton AGENDA ITEM WORDING: A Public Hearing to consider adoption of a Resolution renouncing and disclaiming any right of the County and the public in and to a portion of St. Croix Place, Tract E Port Largo, A Subdivision in Section 33, Township 61 South, Range 39 East on Key Largo, Monroe County, Florida according to the plat thereof recorded in Plat Book 6 Page 90 of the Public Records of Monroe County, Florida (Key Largo Community Park). ITEM. BACKGROUND: The Road Abandonment Petition submitted by County Engineer Dave Koppel on behalf of Monroe County has been reviewed and letters of no objection received from staff, the Monroe County Sheriff's Office, utilities and impacted adjacent property owners. The public hearing must be held in the area to be impacted by the proposed road abandonment. PREVIOUS RELEVANT BOCC ACTION: 10/17/07 Approval to advertise and hold Public Hearing 11/14/07 at 3:00 p.m. in Key Largo, FL CONTRACT/AGREEMENT CHANGES: NIA STAFF RECOMMENDATIONS: Adoption of Resolution. TOTAL, COST: Petitioner Pays BUDGETED: Yes No COST TO COUNTY: N/A SOURCE OFF S: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty x OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: Revised 2/05 AGENDA ITEM # Petitioner County Engineer David Koppe4 P.E. For Monroe County BGCC WHEREAS, the Board of County Commissioners of Monroe County, Florida, desires to renounce and disclaim any right of the County and the public in and to the hereinafter described streets, alley gays, roads or highways, and WHEREAS, due notice has been published and a public hearing has been held in accordance with Chapter 336, Florida Statutes, and WHEREAS, at said public hearing the Board considered the argument of all parties present wishing to speak on the matter, and all premises considered concerning the renouncing and disclaiming of any right of the County and the public in and to the hereinafter described streets, alley -ways, roads or highways as delineated on the hereinafter described map or plat, and WHEREAS, the Board has determined that vacation of the said road is for the general public welfare, and conforms to the requirement of Fla. Stat. Secs. 336.09 and 336.10; now, therefore, BE IT RESOLVED THAT TBE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereby renounces and disclaims any right of the County and the public in and to the following described streets, alley -ways, roads or highways as delineated on the hereinafter described map or plat, to -wit: Commence at a point located at the Northwesterly corner of Homestead Avenue and Atlantic Boulevard, run S43° 10'00 "E for 225.00 feet along the Northeasterly right-of-way of Atlantic Boulevard to the Point of Curvature and the Point of Beginning of the herein described parcel of land., From the Point of Beginning, run Southeasterly, Easterly and Northeasterly along the arc of a curve to the left, with a radius of 25.00 feet for 39.2 7feet to a Point of Tangency; thence run N460 50'00 "E for 158.27 feet along the Northwesterly right -of way of St. Croix Place; thence turn 90 degrees right and run S43° 10'00 "E for 50.00 thence run S46° 50'00 "W for 158.27 feet along the Southeasterly right-of-way of St. Croix Place to a Point of Curvature; thence run Southwesterly, Southerly and Southeasterly along the arc of a curve to the left, with a radius of 25.00 feet for 39.27 feet to a Point of Tangency on the Northeasterly right-of-way of Atlantic Boulevard; thence run N43° 10'00 "W for 100 feet to the Point of Beginning. " PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board on the 14th day of November, 2007. Mayor DiGennaro Mayor Pro Tern Spehar Commissioner McCoy Commissioner Murphy Commissioner Neugent (SEAL) Attest: DANNY L.KOLHAGE, Clerk Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA I: Mayor Mario DiGennaro OUNTY jo'MNROE KEY WESTFLORIDA 33040 (305) 294-0641 Vffiw of ffw Caud* w&= 502 Wfiffebead Stwee jr&= Jaot Oaice `J3vcc 1026 Weet, 9.0 33041-1026 (305) 292-3470 MEMORANDUM BOARD OF COUNTY COMMISSIONERS Mayor Mario DiGennaro, District 4 Mayor Pro Tern Diode M. Spehar, District 1 Charles "Sonny" McCoy, District 3 George Neugent, District 2 Sylvia Murphy, District 5 TO: Townsley Schwab, Acting Director, Planning Wally Romero, Fire Marshall's Office Captain Donald Hiller for. Col. Rick Ramsay, MCSO Dave Koppel, County Engineer as Peti 'oner for Monroe County FROM: Kathy Peters for: Suzanne A Hutton, County Attorney RE: Road Abandonment Petition Review: A Portion of St. Croix Place, Key Largo (Key Largo Community Park) Petitioner: Dave Koppel, Monroe County Engineer DATE: September 13, 2007 Enclosed please find a copy of the findings and recommendation of Jeffrey Cole, Planner, Monroe County Planning Department, received by this office 9/6/07. To date, this office has received letters of no objection from the Fire Marshal's Office (5/14/07) and the Sheriffs Office (6/29/07). In that letters of no objection have now been received from all staff and, as you know, the County Engineer is the named petitioner on behalf of Monroe County, this office will be seeking approval from the Board at the 10/17/07 BOCC meeting to schedule and advertise a 3:00 p.m. public hearing at the next regularly scheduled BOCC meeting in Key Largo which is scheduled for 11/14/07. Enclosure ,ter MR MEMORANDUM MONROE COUNTY PLANNING &i ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: Suzanne Hutton, County Attorney Through: Townsley Schwab, Acting Director of Planning & Environmental Resources 14 Heather Beckmann, Principal Planner Julianne Thomas, Planner RECEIVED From: Jeffrey Cole, Planning Technician Date: August 30, 2007 SEP Q 6 2007 Subject: Requestfor Road Abandonment MONROE COUNTY ATTORNEY Portion of St. Croix Place Right of Way (R.O. W), MM 100, RE# 00453440.000800 1 I REQUEST: 2 3 A. Proposal: Monroe County BOCC via County Engineer David S. Koppel, P.E. has 4 requested the abandonment of a portion (183.27') of St. Croix Place R.O.W. in Port 5 Largo Subdivision, Key Largo, because after construction of additional parking on the 6 North side of the existing St. Croix Place, this section of road will constitute a safety 7 hazard to persons desiring access to the Key Largo Community Park from the new 8 parking lot. The application states that a new road will be constructed from the point of 9 abandonment to Homestead Avenue. Private property along the remaining section of St. 10 Croix Place will still be accessible from both the East and West. 11 12 B. Location: 13 1. Island & Mile Marker: Key Largo Mile Marker 100 14 2. Address/ Common address: St. Croix Place, Key Largo 15 3. Legal Description: A portion of Tract E Port Largo, A Subdivision in 16 Section 33, Township 61 South, Range 39 East on Key Largo, Monroe 17 County, Florida recorded in Plat Book 6 Page 90. 18 4. RE Number: 00453440.000800 19 20 C. Applicant: 21 1. Owner: County of Monroe 22 2. Agent: County Engineer David S. Koppel, P.E. 23 24 II PROCESS: 25 26 The Director of Planning makes a recommendation of approval or denial, to the County 27 Attorney following a review of the road abandonment petition. 28 29 III PRIOR COUNTY ACTIONS: 30 31 Plat Book 6 Page 90 platted this subdivision and St. Croix R.O.W. in 1972. Page i of 4 Reviewed by JT, Ffs \\mc-srv-gml\pub\GROWTH MANAGEMENT\Geo\Upper Keys\099 to 101 Downtown\MM100\Port Largo\St Croix Place\Road Abandonment 00453440.000800\finalSt. Croix Road Abandonment Recomendation Staff Report - Monroe County BOCC Port Largo.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 IV V BACKGROUND INFORMATION: A. Size of Road to be Abandoned: 183.27 feet by 50 feet for a total of approximately 9,200 C IW LO REVIEW OF APPLICATION: Figure 1: Location of Property Source: Monroe County GIS & Property Appraiser The Applicant is requesting a Road Abandonment of a portion of St. Croix Place R.O.W. in Port Largo Subdivision, Key Largo. A. Roadway Description; The portion of St. Croix Place referenced above is shown in Plat Book 6, Page 90 of the Monroe County Public Records. The segment in question extends 183.27' northeast from Atlantic Boulevard and the R.O.W. is 50' feet wide. The Lot to the northwest (RE: 00453440.001100) is owned by the Monroe County Board of County Commissioners and the lots to the southeast (RE: 00453474.005900, 00453474.006000 and 00453474.006100) are also owned by Monroe County. The referenced portion is an asphalt road with a concrete sidewalk and landscaped buffer to the southeast and a partially landscaped buffer and vacant lot to the northwest. B. Use of the Road; Page 2 of 4 Reviewed by JT, t-tg \\mc-srv-gml\pub\GROWTH MANAGEMENT\Geo\Upper Keys\099 to 101 Downtown\MM100\Port Largo\St Croix Place\Road Abandonment 00453440.000800\finalSt. Croix Road Abandonment Recomendation Staff Report - Monroe.County BOCC Port Largo.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 The subject segment is currently being used as an access corridor to the existing park's parking lot and as a continuation of the connection via St. Croix Place between Atlantic and Laguna Avenues (yellow hatched area). The applicant states that there will be a new road constructed to connect with Homestead Avenue (blue hatched area). Please note that staff is projecting where this new road will be as no site plan showing the new road has been submitted. Figure 2: Use and Proposed Use of the Road Source: Monroe County GIS & Property Appraiser C. Development Potential; The portion of the St. Croix Place road to be abandoned could be developed as an extension to the parking lot for Key Largo Community Park. Staff notes that there is no definite proposal for the vacant parcels currently owned by Monroe County or this additional property. D. Shoreline Access; The subject road and R.O.W. have no shoreline access. E. Staff Review; A review of the records and an on -site inspection of the property revealed the following: 1. The subject portion of St. Croix Place R.O.W. is an existing asphalt road that provides a direct connection between Atlantic and Laguna Avenues and access to the Key Largo Community Park parking lot from Atlantic Avenue. 2. The petitioner has received letters of no objection to the abandonment of the St. Croix Place R.O.W. from: • Florida Keys Aqueduct Authority • Florida Keys Electric Cooperative (with the provision for a 10 foot wide easement along the northwest side of the area to be abandoned). • BellSouth Telecommunications (with the provision for a 5 foot wide easement along the southeast side of the area to be abandoned). • Comcast Cable • Key Largo Wastewater Treatment District • Surrounding property owner Bank of America, N.A. through Claire Bailey Carraway, Associate General Counsel Page 3 of 4 Reviewed by JT, HS \\mc-srv-gml\pub\GROWTH MANAGEMENT\Geo\Upper Keys\099 to 101 Downtown\1\4M100\PortLargo\St Croix Place\Road Abandonment 00453440.000800\finalSt. Croix Road Abandonment Recomendation Staff Report - Monroe County BOCC Port Largo.doc 1 2 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 �c J ✓ 36 37 38 39 40 41 42 43 44 45 46 47 3. The petitioner has received one (1) objection letter to the abandonment of the subject portion of St. Croix Place from surrounding property owner, Harold J. Newburn of Key Largo Mini Storage, Inc. Mr. Newburn's property is located at 555 St. Croix Place, northeast of the portion of the R.O.W. to be abandoned (outlined in red). Figure 3: Surrounding Property Owner in Objection Source: Monroe County GIS & Property Appraiser VI RECOMMENDATION: Planning Staff recommends Approval through the Director of Planning & Environmental Resources to the County Attorney to abandon the subject portion of St. Croix Place R.O.W. in Port Largo Subdivision, Key Largo as described. VII PLANS REVIEWED: A. Copy of a Survey of Portion of Road Proposed for Abandonment and Legal Description prepared by Ba nbi Hodges of the Monroe County Engineering Department dated 4/10/07. B. Copy of a Survey and Legal Description prepared by David Massey Land Surveying, Inc. and dated 1-13-04 showing the vacant parcel (RE: 00453440.001100) owned by the Monroe County B.O.C.C. and the portion of the asphalt road to be abandoned (St. Croix Place). C. Copy of a vicinity map showing the Project Location (MM 99.5) and its relationship to U.S. 1; the Atlantic Ocean and Buttonwood Sound. D. Copy of a Warranty Deed dated April 12, 1972 between Kenneth B. & Polly Bassett and Monroe County. E. Copy of a Warranty Deed dated February 25, 2004 between Coconut Grove Bank and the Monroe County B.O.C.C. for the lot (RE: 00453440.001100) to the northwest of the portion of St. Croix Place to be abandoned. Page 4 of 4 Reviewed by JT, Hg \\mc-srv-gml\pub\GROWTH MANAGEMENT\Geo\Upper Keys\099 to 101 Downtown\MM100\PortLargo\St Croix Place\Road Abandonment 00453440.000800\finalSt. Croix Road Abandonment Recomendation Staff Report - Monroe County BOCC Port Largo.doc C UNT'f So�MONROE KEYWESTLORIDA 33040 (305)294-4641 va" of &e G'accnt* wmwe* 502 Whaefimd Awd, Rem 5'aot OfAw Max 1026 NeV Wwt, 9B 33041-1026 (305) 292-3470 MEMORANDUM TO: Aref Joulani, Planning Director Wally Romero, Fire Marshall's Office Captain Donald Hiller, MCSO FROM: Kathy Peters for: Suzanne A Hutton, County Attorney Mayor Mario DiGennaro, District 4 Mayor Pro Tern Dixie M. Spehar, District 1 Charles"Sonny' McCoy, District 3 George Neugent, District 2 Sylvia Murphy, District 5 RE: Road Abandonment. Petition Review: A Portion of St. Croix Place, Key Largo (Key Largo Community Park) Petitioner: Dave Koppel, Monroe County Engineer DATE: July 23, 2007 Enclosed please find a copy of a Memorandum from County Engineer Koppel received by this office July 17, 2007 for your information. This memorandum will also be made a part of the Road Abandonment Petition Package. We are awaiting the written findings and recommendation of the Planning Department. As you know, this Petition cannot move forward until letters of no objection have been received by all staff. Copies of future findings and recommendations will be forwarded to you upon receipt by this office for your information. Enclosure cc: Petitioner - Dave Koppel, Monroe County Engineer via David Parker, Sr. Administrator, Special Projects f C UNI-YoMON ROE KEY WEST FLORIDA 33040 (305)294-4641 Engineering Division The Historic Gato Cigar Factory noo Simonton Street, Suite 2-216 Key West, Florida 33040 305-292-4426 department 305-295-4321 fax kopp el-dave n m o nroecounty-fl. Gov MEMORANDUM BOARD OF COUNTY COMMISSIONERS Mayor Mario Di Gennaro, District 4 Mayor Pro Tern Dixie M. Spehar, District 1 George Neugent, District 2 Charles 'Sonny" McCoy, District 3 Sylvia J. Murphy, District 5 MONROE COUNTY ATTORNEY To: Kathy Peters ev From: Dave Koppel 01 Date: July 13, 2007 Subject: Road Abandonment Petition Review: A Portion of St. Croix Place, Key Largo (Key Largo Community Park) Petitioner: Dave Koppel, County Engineer Kathy, In regard to your memo dated June 26, 2007 concerning Mr. Newburn's objections as stated in his March 3, 2005 letter, we would like to reiterate that we are simply re -aligning the road. One portion of St. Croix Place will be abandoned; another portion of the abandonment petition includes the construction of a new road that will re -connect St. Croix Place to Homestead Avenue. And, as I stated in the "Road Abandonment Petition" dated April 26, 2007: "Private property along the remaining section of St. Croix Place will still be accessible from both the east and the west." This should help mitigate Mr. Newburn's concerns regarding access to properties affected. If you have any other concerns, please let me know. Thank you. C OU Y KEY WESTSoMONROE LORIDA 33040 (305) 234-4641 (9offw 502 Wfigeikad Shred, 362e= goat Vffke `-3ax 1026 34 Went, 5B 33041-1026 (305) 292-3470 uf a !, , �#1' 1►i TO: Petitioner - Dave Koppel, Monroe County Engineer via David Parker, Sr. Administrator, Special Projects FROM: Kathy Peters for: Suzanne A. Hutton, County Attorney BOARD OF COUNTY COMMISSIONERS Mayor Mario DiGennaro, District 4 Mayor Pro Tem Dixie M. Spehar, District 1 Charles "Sonny" McCoy, District 3 George Neugent, District 2 Sylvia Murphy, District 5 RE: Road Abandonment Petition Review: A Portion of St. Croix Place, Key Largo (Key Largo Community Park) Petitioner: Dave Koppel, Monroe County Engineer DATE: June 29, 2007 Enclosed please find a copy of the letter of no objection received from the Monroe County Sheriff's Office dated June 16, 2007 relative to the above -referenced Road Abandonment Petition. As of this date, we are awaiting the written findings and recommendation of the Planning Department. As you now, this Petition cannot move forward until letters of no objection have been received by all staff. Copies of future recommendations will be forwarded upon receipt by this office. Enclosure cc: Wally Romero, Fire Marshall's Office Captain Donald Hiller, MCSO Aref Joulam, Planning Director SUBSTATIONS Freeman Substation Memorandum 20950 Overseas Hwy Cudjoe Key, FL 33042 (305)745-3184 FAX (305) 745-3761 Marathon Substation To- 3103 Overseas Hwy. Marathon, FL 33050 (305)289-2430 FAX (305) 289-2497 Fr: Islamorada Substation 87000 Overseas Hwy. Islamorada, FL 33036 (305)853-7021 FAX (305) 853-9372Date: Roth Building 50 High Point Road Re: Tavernier, FL 33070 (305) 853-321 I _ FAX (305) 853-3205 I was requested to look over a request to abandon part of the roadway located at DETENTION cEN�)?s'"roix Place in KeyLargo. It is opinion that this would not be a hazard for traffic Key West Det. Center g m Y P 5501 College Road in the neighborhood nor will it interfere with the Key Largo Community park traffic Key West, FL 33040 (305)293-7300 FAX (305) 293-7353 Access to the park and private business' on St. Croix Place will still be available from the Laguna Street entrance. There are no obstructions for emergency vehicles and Marathon Det. Facilit 3981 Ocean Terrace ample room to turn theses vehicles around. Marathon, FL 33050 2 FAX (305305) 289-2424 you any Please feel free to contact me if havefurther. FAX ; Kathy Peters for: Susan Hutton, County attorney Captain Donald Hiller Commander, Sector 7 ty,'. Monroe County Sheriffs Office 06/16/07 Monroe County Sherf s Office Richard D. Roth, Sheriff 5525College load Key West, Flo nda 33 04 0 (305) 292-7000 FAX, (305) 292-7070 1-800-273-COPS www.keysso.net Plantation Det. Facility 53 High Point Road Plantation Key, FL 33070 (305)853-3266 FAX (305) 853-3270 Road abandonment petition: a portion of St. Croix Place, Key Largo SPECIAL OPERATIONS P.O. Box 500975 Marathon, FL 33050RECjEj Ely (305)289-2410 FAX (305) 289-2498 tr ptd 1 pi 2 9 2907 AVIATION DIVISION MONRoE COUNTY ATTORN 10100 Overseas Hwy. Marathon, FL 33050 EY (305)289-2777 FAX (305) 289-2776 COMMUNICATIONS 2796 Overseas Hwy. Marathon, FL 33050 (305) 289-2351 FAX (305) 289-2493 h n texie narvs n�awt�eaacommt�ton ' 1 T ROE KEY WEST FI ©RIDA 33o4o (305)294-4641 FIRE MARSHAL'S OFFICE Marathon Gov't Annex Bldg. 490 - 63`d St., Ocean, Ste. 160 Marathon, FL 33050 (305) 289-6010 (305) 289-6013 FAX '"Scut INTEROFFICE MEMORAND UM DATE: May 14, 2007 a BOLRD QE COUNW CQNN!SSJQmgRS Mayor Mario Di Gennaro, District e Mayor Pro T em Dixie M. Spehar, District 1 George Neugent, District Z Charles"Sonny" McCoy, District 3 Sylvia I Murphy, District 5 TO: Suzanne A. Hutton, Monroe County Attorney f FROM: Arthur "Wally" Romero, Assistant Fire Mars,* SUBJECT: ROAD ABANDONMENT INSPECTION: (A Portion of St. Croix Place, Key Largo) The Monroe County Fire Marshal's Office has reviewed the above referenced proposed road abandonment. This office has no objection to the abandonment. If the Fire Marshal's Office can be of any additional assistance in this matter, please contact our office. cc: Steve Zavalney, Monroe County Fire Rescue @RoadAbdn/RoadAbdn/mw7.0 MONROE COUNTY FIRE MARSHAL'S OFFICE CC OUNTY FLORIDA KEY WEST FLORIDA 33040 (305)294-4641 emm of ffw e"td# ftmm# 502 Wh&Awd Sftee4 JiUm ffl"t V#&e.W" 1026 XW We6t, 52 33041-1026 (305) 292-3470 TO: Aref Joulani, Planning Director Steve Zavalney, Acting Fire Chief Undersheriff Col.Rick Ramsay, MCSO FROM: Kathy Peters for: Suzanne A. Dutton, County Attorney 111114 lOARD OF COUN U COL4N Mayor Charles "Sonny" McCoy, District 3 Mayor Pro Tern Dixie M. Spehar, District I George Neugent, District 2 Glenn Patton, District 5 Mario DiGennaro, District 4 Road Abandonment Petition Review: A Portion of St. Croix Place, Key Largo (Key Largo Community Park) Petitioner: Dave Koppel, Monroe County Engineer DATE: April 26, 2007 Enclosed please find the above -referenced Road Abandonment Petition filed by Monroe County Engineer Dave Koppel. Please review the enclosed above -referenced Road Abandonment Petition and exhibits received by this office, providing your written findings and recommendation at your earliest convenience. Please review and provide your written findings and recommendation at your earliest convenience. Thank YOU- 1��, I !111 111 � 1 � 1 ' 1 1 1 • Petition: Portion of St. Croix Place, Key Largo, FL Petitioner: Monroe County BOCC via County Engineer David S. Koppel, P.E. C C N TY° KEY WEST FLORIDA 33040 (305)294-4641 of ee of 502 2Alfiadcead Staeet, irkm Jaat (9face X" 1026 Y-v W-t, le 33041-1026 (305) 292-3470 fax (305) 292-3516 BARD OF COUNTY COMMISSIONERS Mayor Charles "Sonny" McCoy, District 3 Mayor Pro Tern Dixie M. Spehar, District 1 George Neugent, District 2 Glenn Patton, District 5 Mario DiGennaro, District 4 ROAD ABANDONMENT PETITION DATE SUBMITTED: NAME OF PROPERTY OWNER(S) MONROE COUNTY ATTORNEY (rAryt Cow".4y ADDRESS: ) I o o i ry' a-v- s f- FL- 3 3 0 YO PHONE (H) 0A (W) Y, 9 q;C? (C) E-mail: Kane) ®t�0.'J ��mmroecO0 A J1. o� Fax: 365 Z4.5 — tf3Z 0 AGENT: ROAD/EASEMENT (to be abandoned): 6TO rb )c t &C, e- _ KEY: )✓ r°d 6 Mile Marker: We hereby petition the Honorable Board of County Commissioners to renounce and disclaim any right of the County and the public in and to the above -referenced street, alleyway, road or right-of-way as further depicted and described in the following attachments: (Exhibit A) Survey: (no larger than 11" x 17" or 8'/2" x 11") Description of roadway to be abandoned and survey showing that portion marked with diagonal lines with petitioners' property clearly delineated and outlined, and showing all adjacent properties. (Exhibit B) Map of Key: on which road is located, clearly showing US 1, Mile Marker number and portion of road to be abandoned. Petitioner: MOV'roc, Covf%-y Lkj;pviceroo. (Exhibit C) Copies of Dee (s) - Petitioners certify they are the sole owners of Lot(s) and that the abandonment of said road will not take away from other property holders' right of ingress and egress to their property, and that taxes for the year have been paid on their subject land. (Exhibit D) Legal description of that portion of the roadway which Petitioners seek to have abandoned. (Exhibits E-1, E-2, E-3, E-4, E-5) 'y' Letters of no objection from utility companies including, but not limited to: water, electric, telephone, cable TV and applicable wastewater treatment facility. (Exhibit F) Letters of no objection from all adjacent property owners and list of names and addresses of all adjacent property owners. Petitioners seek the abandonment for the following reasons: of Ae eel S� Cro i�c lac c. sacs sc��la�a ®� fie ro a� wi li can,s��u?�e a Sa�'��Y %aa fio ACCeSS to tkL park frog 1,Ae i1W PAr'krL%, /of road �t11 be cros�fvJfJ front °fly Dorn+ of a.bc--ndo" Me^. ft> &Mes�ca� AV CAu e , P11 ft.11LarA;" sec-hvn 64 5)L Crc Petitioners agree to be responsible for and pay for all costs of advertising and recording fees incurred relative to this request for the vacation. Petitioners further agree to grant any easement necessary for the furnishing of utilities, including without limitation, electric power, water, sewer, telephone, gas, cable and other electric communication services to the same extent as is common within this area as to height, width and degree, upon request for such service or by the BOCC through its authorized agents. If easements are so required, copies of the executed documents will be provided to the County before the petition is presented to the BOCC. Petitioners certify that the road to be abandoned does not end at water or that, if it does, the road is not a dedicated and accepted right-of-way (including by operation of law due to construction or maintenance by County). 2 Petitioner: ,Me r o(I [°] Is personally known to me. [ ] Provided as identification Sworn to and subscribed before met s day of , 20,C)7 Typed Notary Name and Number Notar� Sign, a and 5,y&% ' My commission OOzea►e� a,OY ou� Maria Graziano ®fKdE' Expires February 10, My Commission D02MM V Expires February 10, 2006 PETITIONER [ ] Is personally known to me. [ ] Provided as identification Sworn to and subscribed before me this day of Typed Notary Name and Number Notary Signature and Seal 20 3 Road Abandonment Largo, wj - SURVEY �C�7�C�7�7� G �, --- TO U. S. HWY 1 P.O.C. C3 / PORT LARGO PB5-3 PART OF TRACT E 1 A -40 00, /:=_ := P.C. & P.O.B. h P.T. RIGHT OF WAY TO BE ABANDONED CURVE INFO P.C. RADIUS-25.00 ARC-30.27 P.T. ®ATE: 04/10/07 ST. CROIX PLACE EXHIBIT A ®ESr®Rw LEG.DESG. L KEY RGO, MONROE COUN , FLORI ASCALE: BH/RC R.O.W. ABANDONMENT 111®501-01% v Legal Description for a Portion of St. Croix Place to be Abandoned A portion of Tract E Port Largo, A Subdivision in Section 33, Township T. South, Range 39 East on Key Largo, Monroe County, Florida, according to the plat thereof recorded in Plat Book 6 Page 90 of the Public Records of Monroe County, Florida, more particularly described as 601lows: Commence at a point located at the Northwesterly corner of Homestead Avenue and Atlantic Boulevard, run S43' 10'00"E for 225.00 feet along the Northeasterly right-of-way of Atlantic Boulevard to the Point of Curvature and the Point of Beginning of the herein described parcel of land: From the Point of Beginning, run Southeasterly, Easterly and Northeasterly along the arc of a curve to the left, with a radius of 25.00 feet for 39.27 feet to a Point of Tangency; thence run N46' 50'00"E for 158.27 feet along the Northwesterly right-of-way of St. Croix Place; thence turn 90 degrees right and run S43' 10'00"E for 50.00 thence run S46' 50'00"W for 158.27 feet along the Southeasterly right-of-way of St. Croix Place to a Point of Curvature; thence run Southwesterly, Southerly and Southeasterly along the arc of a curve to the left, with a radius of 25.00 feet for 39.27 feet to a Point of Tangency on the Northeasterly right-of-way of Atlantic Boulevard; thence run N43' I 0'00"W for 100 feet to the Point of Beginning. NOTE: The Bearings used for St. Croix Place are in Plat Book 6 page 90, also they are the original ones used in the Warranty Deed (OR 506 p. 497& 498). 1 spoke with David Massey 4/09/07 about the discrepancy in the Bearings that were used for the Survey and the Bearings on the Warranty Deed. The Survey uses P.B. 5 P.3, which has little information on this piece of property. He led me, via the internet, to the adjoining plats, and showed three different sets of Bearings. All of the angles in Port Largo are at Ninety degrees. I used the same Point of Commencement as on the survey, which also states that Port Largo Fourth Addition (P.D. 6 P. 90) is the adjoining property. Prepared by Bambi Hodges Monroe County Engineering Department, Rcvd. in CAY 4/11/07 Y Z i az v g _1 LJ d.;.> i. p)Y o >. 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Box 61 s, Client: Monroe County Land Authority Florida Certificate of Authorization No. LB 6956 Section 33 Township 67 South, Range 39 East I hereby oeQin that the survey hereon as performed under my direct supervision d s true and correct to the best of my knowledge. and belief. This survey meets the reQUirements of Ch 61G17 of the Florida Key Largo Monroe County, Florida Administr Ci�re, Minimum Te nicat Standards for Florida Surveyors and M er.AA ant 472.027. F.S. Surveyed: 1-13-04 Fieldbook No. 99 Drawing No. 6925 Drown By: D.S.M. SCOIe: i" = 50' Davl'd S. Massey, P.S.M. # 5125 Tavernier, Fl. 33070 NOT VALU, WITHOUT THE SIGNATURE AND THE. ORIGINAL RAISED SEA, - OF A FLORIDA LICENSED SURVEYOR AND MAPPER Key Largo, Fll MAP OF KEY s� �W AOdAlV!IV ��ouio . its,-.. �b o . `�t � :< a $ �.„ "` �, ,^;.� ��^E,, � �� ` 4'�<'• ,$6��,N N 5 4 � g`� �' •" �j� �. 30< Vie, �5§.. � .. � . �i4': s ' _.. TE.• ... ��� �. f.s fib. o..'_° � �' /:. I Portion of St. Croix Place, Largo, EXHIBIT C. COPIES OF DEEDS MONROE COUNTY. _ FILE 81 4334S,2 OFFICIAL RECORDS t1K41 9 8 7 PG#936 0 THIS INSTRUMENT PREPARED BY AND RETURN TO: R C D Mar 2 6 2004 LRrry Erskine, Esq. D A N N Y L 0 I, 16 P M 1200 Truman Avenue Suite 207 K O L R A G E, CLERK Key West, Florida S3040 Property Appraisers Parcel Identification (Folio) Number: 00453440-0011000 DEED DOC STAM 190.00 03/26/2004 DEP CLK SPACE ABOVE 7WS LINE FOR RECORDING: DATA THIS WARRANTY DEED, made the 2:51day of February, 2004, by COCONUT GROVE BANK, AS TRUSTEE whose post office address is 2701 South Bayshore Drive, Miami, FL 33133 herein called the grantor, to MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, whose post office address is 500 Whitehead Street, Key West; FL 33040, hereinafter called the Grantee: (wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the helps, legal representatives and assigns of individuals, and the successors and assigns ofoorporations) W I T N E S S E T H: That the grantor, for and in consideration of the sum of TEN AND 00/100S (S10.00) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in MONROE County, State of Florida, viz.: SEE EXHIBIT "A", ATTACHED HERETO. Subject to easements, restrictions and reservations of record and taxes for the year 2004 and thereafter. THE PROPERTY CONVEYED HEREIN IS NEITHER THE DOMICILE NOR THE HOMESTEAD OF THE GRANTOR HEREIN NOR HIS/HER SPOUSE NOR ANY OF HIS/HER IMMEDIATE HOUSEHOLD AS DEFINED BY THE LAWS OF THE STATE OF FLORIDA. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND, the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2003. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. and delivered in the presence of: Co�roye]Rarustee C'-SEJt�� ®y: ROVICE PRESIDENT AND SENIORTRUs CER Name STATE OF FLORIDA COUNTY OF DADE The foregoing instrument was acknowledged before me this 15•s'day of February, 2004 by Ronald Frith, who is personally known to me or has produced as identification. `tls fd , SEAL i rrrcalt ti. x a1y`1{b"-fsiotiExpires: LQGf �myblic A Printed Notary Name EXHIBIT C1 File No.: 04007 FILE #1433492 ����qqyyy� yT'qe g B R# 1 9 8 �7 P G# 9' 6 1 L►H151T "A!* A parcel of 1&04 lyint fan Tract "E of FORT LARGO, a subdivision in Section 33, Towuahip 61, $sage 39 E"t on Key Largo, according to the fiat thereof, as recorded In PlatBook S. at Page 3, of the Public Records opt f onroe County, Florida, being more particularly described' as follotW62 Comence at the point of intersection of the Northeasterly prolongation of the Nortbwtstsrly Flight of Way line of homestead Avenue with the Northeasterly Right of Way ,line of Atlantic BOU14vard; theme* run Northeasterly along said prolongation for 218.27 feet to the point of 14ttreection wirh a lies parallel to arA 218.27 fact Northeasterly of, as messureed at right males to the said Northeasterly Right of Way line of Atlantic Soule-urd; thence deflect 90 degrees right and run Swtheasterly gloat said parallel. 24= and the Southvesterly line of Casto Uvelopmtuc Corp. for 50.00 feet to the Point of Beginuiug of the herein described parcel; from said Paint of Begi"Muz. continue Southtasterly along the afoxameotlanad course for 200.00 fact to a point intersecting the Northwesterly Right of Way line of St. Croix Plate; thence deflect 90 datreas right and run $authweatarly sloug said Northwesterly Right oil Wey list* for 210.27 feet; thence dafUct 90 degrees right and run Northwesterly along the Northeastsrly 11m of Atlantic Boulevard for 200.00 foot to a pofAt on the south+eastorly Right of Way line of Rozestead Avemie; thence deflect 90 degrees right and run Northaaatarly along esid proloagati..ou for 2E9_27 feet to the Point of Eegiming. MONROE COUNTY OFFICIAL RECORDS EXHIBIT /,,9,X e CT a_ TRUST NO. 20-078101 LAND TRUST AGREEMENT DEED THIS INDENTURE, made this � day of May, 1995, between COCONUT _GROVE -BANK, Miami, Florida, a banking corporation organized under the laws of the State of Florida, as trustee under the provisions of a deed or deeds in duly recorded and delivered to said company in pursuance of a trust agreement dated the 8th day of December, 1980, and known as Trust Number 751 kna 20-078101, party of the first part, and MONROE COUNTY, a political subdivision of the State of Florida of 500 Whitehead Street, Key West, Florida 33040, party of the second part. WITNESSETH, that said party of the first part, in consideration of the sum of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION, in hand paid, does hereby grant, sell and convey unto said party of the second part, the following described real estate, situated in Monroe County, Florida, to -wit: Lots 312 through 325, and Lots 328 through 384, PORT LARGO, FOURTH ADDITION, according to the Plat thereof, as recorded in Plat Book 6, page 90 of the Public Records of Monroe County, Florida. together with the tenements and appurtenances thereunto belonging. TO HAVE AND TO HOLD the same unto said party of the second part, and to the proper use, benefit and behoof forever of said party of the second part. This deed is executed pursuant to and in the exercise of the power and authority granted to and vested in said trustee by the terms of said deeds or deeds in trust delivered to sa}W trtMtee in pursuance of the trust agreement above menti Eo- his-eed is made subject to the lien of every trust dee tq' mo t a any there be) of record in said count g (if payment of money, and remaining unreleasedglat-ti,tO dabcuoe, the the delivery hereof. U 77 a.aac iaatrGiliQl .Lll accordance wit and assigns shall f ;he REF 7 PA .his=trustees deed,. grantee herein hereby the Property described herein shall be and restrictions as set forth in that recorded in Official. Record _Book 1297, cords of Monroe County, Florida. These ions shall run with the Property herein covenants and restrictions of the Grant y the grantee'or by some third party with antee, fee simple title to the Property be conveyed to the Board of Trustees of Trust Fund of the State of Florida in rant contract without further notice to and assigns, and grantee, its successors 4- ill h J. a- rig t, title and interest in and to herein.< IN WITNESS THEREOF, said party of the first part has caused its corporate seal to be hereto affixed, and has caused its name to be signed to these presents by its Trust Officer and attested by its Vice President, the day and year first above written. COCONUT GROVE BANK As Trustee as Aforesaid Signed, sealed and delivered in the ,presence of: Printed names STATB OF FLORIDA: COUNTY OF DADE- I, an officer, authorized to take acknowle nts of Meds bccording to the laws o€- the State of Florida,, duly qualified and acting herb.,yj certify that {Vice President and trust Officer theCOCONUT GROVE BANK, Miami, Florida, to me personally known this day acknowledged before me that they executed the foregoing Deed as such officers of said company, as Trustee, aforesaid, for the uses and purposes therein set forth; and they affixed thereto the official seal of said company, and an oath was not taken. (Check one) ✓S?aid persons are personally known to me. Said persons provided the following type of identification: Witness my hand and official seal in the County and State last aforesaid this day of May, A.D., 1995. Elm No Public, State 0 Flo 'da row JOHN A. MAGNAGO Notary Public -State of Florida Commission Expires DEC 26. 1995 FMy_ 5 COMM. #CC170574 E"°wnjad in °t#W qq%- , Jr1 Momi a< nw?jv Rewrd wtiga%i DAW7 L K'Xaj&rw, Clerk Gftcaft Court Key Largo, F11 VA 0 1�04' 811161vall LEGAL DESCRIPTION OF PORTION OF ROAD Legal Descri.Lfion for a Portion of St. Croix Place to be Abandoned A portion of Tract E Port Largo, A Subdivision in Section 33, Township 61 South, Range 39 East on Key Largo, Monroe County, Florida, according to the plat thereof recorded in Plat Booli 6 Page 90 of the Public Records of Monroe County, Florida, more particularly described as follows: OTIJMIFWRGRK�� IPITNUNMI REM land: 11 i--,-il,-,Lj�i-e�-Ltutnet,oiriMoeginning--o"iin#eReoreinaescriDectparceiot- From the Point of Beginning, run Southeasterly, Easterly and Northeasterly along the arc of a curve to the left, with a radius of 25.00 feet for 39.27 feet to a Point of Tangency; thence run N46' 50'00"E for 158.27 feet along the Northwesterly right-of-way of St. Croix Place; thence turn 90 degrees right and run S43' 10'00"E for 50.00 thence run S46' 50'00"W for 158.27 feet along the Southeasterly right-of-way of St. Croix Place to a Point of Curvature; thence run Southwesterly, Southerly and Southeasterly along the arc of a curve to the left, with a radius of 25.00 feet for 39.27 feet to a Point of Tangency on the Northeasterly right-of-way of Atlantic Boulevard; thence run N43' I 0'00"W for 100 feet to the Point of Beginning. NOTE: The Bearings used for St. Croix Place are in Plat Book 6 page 90, also they are the original ones used in the Warranty Deed (OR 506 p. 497& 498). 1 spoke with David Massey 4/09/07 about the discrepancy in the Bearings that were used for the Survey and the Bearings on the Warranty Deed. The Survey uses P.B. 5 P.3, which has little information on this piece of property. He led me, via the internet, to the adjoining plats, and showed three different sets of Bearings. All of the angles in Port Largo are at Ninety degrees. I used the same Point of Commencement as on the survey, which also states that Port Largo Fourth Addition (P.B. 6 P. 90) is the adjoining property. Prepared by Bambi Hodges Monroe gounty Ln ineering Dppartment- �?,cvd i�LC. t- -- TO U.S. HWY 1 P.O.G. PORT LARGO P135-3 ` - PART OF TRACT E s� o� '01 P.C. & P.O.B. :: P.T. �►x`° RIGHT OF WAY TO DE ABANDONED CURVE INFO P.C. RADIUS=25.00 ARC=39.27 a P-T- ------------- Road Abandonment Petition: Portion of St. Croix Place, EXHIBIT E. LETTERS OF NO OBJECTION - UTILITIES b, ,a Florida Keys C/ Post Office Box 1239 L 1100 Kennedy Drive Key West, Florida 33041-1239 4� ` Telephone (305) 296-2454 E `f www.fkaa.com ( s.r.... v. March 30, 2005 Judith Steele Monroe County Engineering Department 1100 Simonton Street Room 2-216 Key West, FL 33040 RE: Abandon 183' section of St. Croix Place that is separated by Tract E and Lots 370,371 and 372, Port Largo 4th Addition Key Largo, FL Dear Ms. Steele: Mary L. Rice Chairman ' Marathon J. Robert Dean Vice -Chairman Key West Elena Z. Herrera Secretary/Treasurer Rockland Key Rose M. Dell Big Pine Key David C. Ritz Key Largo James C. Reynolds Executive Director The FKAA Board of Directors approved at the March 24, 2005 meeting, the above referenced project. Pursuant to your request for the abandonment of the above -reference property, Staff has researched your request and have no objection to the abandonment since the FKAA has no facilities in this section of the roadway and has no present or future need of this section. Monroe County is redesigning the entrance to the existing park that occupies the site. Should you have any questions, please do not hesitate to call this office. Sincerely, FLORIDA KEYS AQUEDUCT AUTHORITY Edgar F. Nicolle, Jr. Distribution Design Specialist EFN/cma cc: Bob Feldman, General Counsel Arlyn Higley, Director of Maintenance Dept. Monroe County Building Department FLORIDA KEYS ELECTRIC COOPERA171VE ° ASSOCIATION, INC. - FKEC ' ® 91605 OVERSEAS HIGHWAY P.O. BOX 377, TAVERNIER, FL 33070-0377 PHONE (305) 852-2431 FAX: (305) 852-4794 �• •-Fin, 5N7• -- • �'-r, i Judith Steele 11[/ Simonton'o • Kay Weak,, rL 3301-10 ®ear Ms. Steele: This letter is in reply to your Road Abandonment Request received in our office date February 22, 2005. Please be advised that Florida Keys Electric Cooperative Association, Inc. (FKEC), has reviewed the section of the roadway that will be abandoned and the proposed new roadway shown on the figure that you provided and has no objection to the abandonment providing the county gives FKEC a 10'easernentalong the northwestside of St. Croix Place in the area to be abandon. This easement will be used for future overhead or underground electric. Should you have any questions, please feel free to contact me at (305) 852-2431. cc: Tim Planer John M. l sly. 9160.5 OVERSEAS HIGHWAY P.O. BOX 377, IAVERNIER, FL 33070-0377 PHONE (305) 852-2431 FAY.: (305) 852-4794 Monroe County Engineering Division Attn: Judith R. Steele, P. E. 1100 Simonton Street, Room 2-216 Key West, FL 33040 Dear Ms. Steele: REF: UTILITY EASEMENT — ST. CROIX PLACE, KEY LARGO We have enclosed the signed easement agreement for the referenced road. Please send us a copy of the recorded easement for our records. Sincerely, ohn M. Burch, P. E. Director of Engineering cc: Scott Newberry Easement This instrument prepared by, or under the direction of, Suzanne A. Hutton, Esq. FBN 336122 Office of County Attorney P.O.Box 1026 Key West, Fl. 33041-1026 THIS UTILITY EASEM ENT is made this day of , 2006, by and between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, Grantor, whose address is 500 Whitehead Street, Key West, Florida 33040, to FLORIDA KEYS ELECTRIC COOPERATIVE ASSOCIATION, INC — FKEC, MONROE COUNTY, FLORIDA, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of a portion of land described in OR 506 page 497, lying in Section 33 Township 61 South, Range 39 East, Monroe County, State of Florida, physical address of St. Croix Place, Key Largo, Monroe County, Florida 33037 (hereinafter "County Property"); and WHEREAS, it is necessary for Grantee to maintain an easement over a segment of the County Property to construct, operate, maintain, add overhead or underground electric systems, or related services as the Grantee may from time to time require upon, over and under the County Property; and WHEREAS, it is in the best interest of the public to grant to Grantee a utility easement; NOW THEREFORE, in consideration of the mutual covenants and obligations contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree that the Grantor does grant to Grantee, its successors and assigns, a perpetual and non-exclusive easement on, over and above, and under the above - described County Property for the purpose of ingress, egress, and utility installation and maintenance within said described property, conditioned upon Grantee holding Grantor harmless for the acts and omissions of its officers, employees, agents and contractors, from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe county) and any other losses, damages, and expenses (including attorney's fees) which arise out if, in connection with, or by reason of the Grantee utilizing the property governed by this easement, and upon the condition that Grantee shall maintain suitable Public Liability insurance or be self -insured, in amounts adequate to respond to any and all claims arising out of the activities authorized in this easement, as reflected by the Grantee's acceptance of the conditions below. This Easement across the County Property is more particularly set forth in the Legal Description and diagram on Exhibit "A". IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its name by its Board of County Commissioners of Monroe County, Florida, acting by its Mayor or Vice -Mayor, the day and year first stated above. Easemew (OFFICIAL SEAL) ATTEST: DANNY L. KOLHAGE, CLERK_ Deputy Clerk we] wansiol ZIES) weelow"41 M awe] -,A I pz� M Mayor IN WITNESS WHEREOF, the Grantee has caused these presents to be executed in its name b , the date and year designated below. (OFFICIAL SEAL) ATTEST: CLERK M IUT FLORIDA KEYS ELECTRIC COOPERATIVE ASSOCATION INC. - FKEC Date: By: Title: SUSAN P. KHLHOFER My COMMISSION # DD 267306 EXPIRES. March 114,20 Thru Public Underwriters �01 "_`NHOE COUNTY —OR A I JVEP AS T JzfN' E,'AA. H1U Tr 'TANT Cj 1-y RNEY EXHIBIT A FLORIDA KEYS ELECTRIC COOPERATIVE ASSOCIATION, INC (FKEC) UTILITY EASEMENT Legal Description of FKEC Easement on St. Croix Place A portion of Port Largo Fourth Addition recorded in Plat Book 6 at Page 90, the same being a replat of Tract E. Port Largo, a subdivision in Section 33, Township 61 South, Range 39 East on Key Largo, Monroe County, Florida, according to a plat thereof, recorded in Plat Book 5 at Page 3 of the Public Records of Monroe County, Florida, more particularly described as follows: From the intersection of the Northeasterly prolongation of the Northwesterly side of Homestead Avenue with the Northeasterly side of Atlantic Boulevard, as shown on the said Port Largo plat, run S 43" 10' 00" E along the said Northeasterly side of Atlantic Boulevard for 250.00 feet to the Point of Beginning of the herein described parcel of land; From the said Point of Beginning, run N 46' 50' 00" E for 183.27 feet; thence deflect 90 degrees right and run S 43' 10" 00" E for 10.00 feet; thence run S 46' 50' 00" W 183.27 feet; thence deflect 90 degrees right and run N43' 10' 00" W along the said Northeasterly side of Atlantic Boulevard for 10.00 feet to the Point of Beginning. TO U.S. HWY 1 — P.O.C. P PORT LARGO PB5 PART OF TRACT E 183.27' /01001, op EASEMENT 10' WIDE ,'' s0\ 0 RIGHT OF WAY TO BE ABANDONED • TAW 0 a0, i Jim Yeager Facility Specialist BellSouth 70 Atlantic Dr. Key Largo, Florida 33037 phone: (305) 453-9864 facsimile:( 305) 451-4232 March 14, 2005 File #240.0900 Judith R. Steele Monroe County Engineering 1100 Simonton Street, room 2-216 Key West, FL 33040 Sent via fax 305-292-4321 Re: Right of way abandonment, 183' of St. Croix Pl. Dear Ms. Steele, Bellsouth has reviewed your request for the above right of way abandonment. We have a large copper cable and conduit buried on the East side of St. Croix Pl. from Atlantic Blvd. to Laguna Ave. We have no objection to the right of way abandonment but would like to request an easement for our existing buried facilities. SincL- YeagyP.E7 / Specialist BellSouth Telecommunications, Inc. 9101 S.W. 24 Street Miami, FL 33165 August 11, 2006 Mr. Dave Parker Monroe County - Engineering Dept Room 2-216 1100 Simonton St — Key West, FL 33040 Re: BellSouth Easement Agreement "St Croix Place" Mr. Parker, Please find enclosed easement documents executed by BellSouth as discussed. Please have the agreement executed by the appropriate authority on behalf of Monroe County and record documents to public record. Please return the ink originals or certified copies of the recorded documents to my attention upon receipt from the County Clerks office. Sincere' , Steve Massie, roject Manager N"ork Support - SFL District enclosure cc: Sharon Liebman, Esq Kathy Reed, BellSouth Jim Yeager, BellSouth Utility Easement This instrument prepared by, or under the direction of, Suzanne A. Hutton, Esq. FBN 336122 Office of County Attorney P.O.Box 1026 Key West, Fl. 33041-1026 1 THIS UTILITY EASEMENT is made this day of , 2006, by and between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, Grantor, whose address is 500 Whitehead Street, Key West, Florida 33040, to BELLSOUTH TELECOMMUNICATIONS, INC., a Georgia corporation, its licensees, agents, successors, assigns, and allied and associated companies, Grantee. WITNESSETH WHEREAS, the Grantor is the owner of a portion of land described in OR 506 page 497, lying in Section 33 Township 61 South, Range 39 East, Monroe County, State of Florida, physical address of St. Croix Place, Key Largo, Monroe County, Florida 33037 (hereinafter "County Property"); and WHEREAS, it is necessary for Grantee to maintain an easement over a segment of the County Property to construct, operate, maintain, add and/or remove such systems of communications, facilities, or related services as the Grantee may from time to time require upon, over and under the County Property; and WHEREAS, it is in the best interest of the public to grant to Grantee a utility easement; NOW THEREFORE, in consideration of the mutual covenants and obligations contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree that the Grantor does grant to Grantee, its successors and assigns, a perpetual and non-exclusive easement on, over and above, and under the above - described County Property for the purpose of ingress, egress, and utility installation and maintenance within said described property, conditioned upon Grantee holding Grantor harmless for the acts and omissions of its officers, employees, agents and contractors, from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe county) and any other losses, damages, and expenses (including attorney's fees) which arise out if, in connection with, or by reason of the Grantee utilizing the property governed by this easement, and upon the condition that Grantee shall maintain suitable Public Liability insurance or be self -insured, in amounts adequate to respond to any and all claims arising out of the activities authorized in this easement, as reflected by the Grantee's acceptance of the conditions below. The following rights are also granted: the right, but not the obligation, to clear the easement and keep it cleared of all trees, undergrowth, or other obstructions; the right, but not the obligation to trim and cut and keep trimmed and cut all dead, weals, leaning or dangerous trees or limbs outside the easement which might interfere with or fall upon the lines or systems of communication or power transmission or distribution; and the right to relocate said facilities, systems of communications or related services on said lands to conform to any future highway relocation, widening, or improvements. This Easement across the County Property is more particularly set forth in the Legal Description and diagram on Exhibit "A". A- Utility Easement IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its name by its Board of County Commissioners of Monroe County, Florida, acting by its Mayor or - Vice -Mayor, the day and year first stated above. (OFFICIAL SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA By: — By: "I_ �E3# Deputy Cleric Mayor IN WITNESS WHEREOF, the Grantee has caused these presents to be executed in €di name by ,the date and year designated below:' ` o a m (OFFICIAL SEAL) BELLSOUTH , INC ATTEST: CLERK By: Date: By: Title: Witness: Grantor' Address: Grantee's Address: BellSouth Telecommunications, Inc 301 W. Bav Street Room 15HH1 Jacksonville, FL 32202 TO BE COMPLETED BY BELLSOUTH TELECOMMUNICATIONS INC. Wire Center Authority Drawing Approval Location Plat Number R/W Number Title EXHIBIT A BELLSOUTH UTILITY EASEMENT Legal Description of BellSouth Easement on St. Croix Place A portion of Port Largo Fourth Addition recorded in Plat Book 6 at Page 90, the same being a replat of Tract E. Port Largo, a subdivision in Section 33, Township 61 South, Range 39 East on Key Largo, Monroe County, Florida, according to a plat thereof, recorded in Plat Book 5 at Page 3 of the Public Records of Monroe County, Florida, more particularly described as follows: From the intersection of the Northeasterly prolongation of the Northwesterly side of Homestead Avenue with the Northeasterly side of Atlantic Boulevard, as shown on the said Port Largo plat, run S 43' 10' 00" E along the said Northeasterly side of Atlantic Boulevard for 295.00 feet to the Point of Beginning of the herein described parcel of land; From the said Point of Beginning, run N 46' 50' 00" E for 183.27 feet; thence deflect 90 degrees right and run S 43' 10' 00" E for 5.00 feet; thence run S 46' 50' 00" W 183.27 feet; thence deflect 90 degrees right and run N43° 10' 00" W along the said Northeasterly side of Atlantic Boulevard for 5.00 feet to the Point of Beginning. PORT LARGO P135-3 PART OF TRACT E 183.27' 170, 001, O IQ............ , I RIGHT OF WAY TO BE ABANDONED EASEMENT 5' WIDE DATE: 02/01/06 ST. CROIX PLACE EY LARGO, MONROE COUNTY, FLORIDA UTILITY EASEMENT a 1=�XmTffl 17 PAGE 2 SCALE: 1 91=501-011 OUNTY SO�MONROE Greg Daniels Construction Technician Comeast Cable 1010 Kennedy Drive Suite 200 Key West, FL, 33040 RE: Utility Pole/Road Abandonment St Croix Place Key Largo, FL Mayar charpes .5onny- W-0y, Dist-4Lt 3 Mayor Pro Tee DWe K Speher, Di an I George Neugent, Distict 2 Mario Di Gennaro, Dishict 4 Glenn PaMon, DisMet 5 This letter's intended to acknowledge Conicast's request to be notified at least 60 days prior to any construction that would require the relocation of the Conicast utility pole at the referenced location. In the event construction is scheduled in the vicinity of this utility pole, the Monroe County Engineering Department will advise Conicast of the need to relocate the pole at least 60 days in advance. If you should have any questions or need other information, please do not hesitate to call or e-mail me. David Parker Senior Administrator, Special Projects Monroe County Engineering Dept. Attention: Judy Steel 1100 Simonton Street Room 2-216 Key West, Florida 33040 RE: Road Abandonment St. Croix Place Key Largo, Florida 33037 Dear Ms. Steele: Comcast has no objections to the abandonment of the 183 foot section of St. Croix Place adjacent to the Key Largo Community Park. Comcast does have a utility pole with a down guy located at the corner of Homestead Ave. and Atlantic Blvd. We understand the Key Largo Community Park is going to be expanded and request that if this pole needs to be relocated we be notified at least 60 days in advance. If you have any questions of are in need of further information please contact me at 305-809-1255. Sincerely, r Greg aniels Construction Technician Comcast Cable, Florida Keys Verification of no objection to abandonment of a portion of St. Croix Place, Key Largo, FL by Comcast: r Print Name Signature Title: L Je-cl - Date: 31i-lo�� E illallll fa �llll I�� I IIIII� F � U'll�I M All 1 8�`ap e� Grp K ti if 5`b4�iYYcEri =s al� N Y R , _ -. •Fyn is IM CC OUNITY FLORIDA KEY VIEST FLORIDA 33040 (305)294-4641 n Street, Room 2-216 )rida 33040 E3= Mr. Chuck Fishburn Key largo Wastewater Treatment District P.O. Box Of Key Largo, Florida 33037 Dear Mr. Fighbum: This is to inform you that the Monroe Cou abandon a 1831 foot section of St. Croix Pl, and the new roa Prior to abandot WAKD—QF- —00 U H U Lga- H H Mayor Dine M. Spehar, UsWct I Mayor Pro Tern Chades -Sonny- McCoy, DisVidt 3 George NeUgent, DISMct 2 David P. Rice, District 4 Murray E. Nelson, District 5 Dard of County Commissioners (BOCC) is planning to at is adjacent to the Key Largo Community Park and to lead Avenue. The section of roadway that will be abandoned re. gthe roadway, the BOCC is required to ve rify that the Key Largo Wastewater Treatment 00'P not object 01obilpt t6the abandonment. As confirmation of no objection by KLWTI3, please sign this lettawhereitid!catdd and return :it Monroe County Engineering Department Attn:, Judy Steele 1100 Simonton Street, Room 2-216 Key West, Florida 33040 U you should have any questions, please feel free to contact me at 305-295-4329 or by email at steels Judith emonroccounty-fl.gov. Sincerely, Judith R. Steele, P.E. Senior Administrator, Special Projects WnIE C E Of V E-" MAY I 2z KEY LAARGO VVASTEVVAT�zp, "MEPMOEFINF msTmi- - ICT Page 2 Mr. Fishburn May 6, 2005 Verification of no objection to abandonment of a portion of St. Croix Place, Key Largo, FL by Key Largo Wastewater Treatment District: Print Name Signature Title: A'All A4 6, /L r Date: 7 -( "i - 0 55 St Croix Prate ................... .........z000.oae 000............E........ Key Largo, Florida 33037 (305)451-4111 (305)451-5196 Fax March 3, 2005 Monroe County Engineering Department 1100 Simonton Street, Room 2-216 Key West, Florida 33040 Attention: Judith R. Steele Dear Ms. Steele: I have just received the letter sent out from your office in regards to the abandonment of the 183 foot section of St. Croix Place that is adjacent to the Key Largo Community Park. I am in complete and total disagreement with this plan due to the fact that I am a business owner on St. Croix place and I feel that this unnecessary change will hurt the convenience and access to my place of business and lower the value of my property. Not to mention the safety reasons are just as important, the ambulance is called out to the Jacobs Aquatic Center quite often, they use the south entrance to St. Croix Place. They need to be able to reach this area in the time frame needed to safe a life. This is only to mention one of the many emergency response vehicles that would be affected. I do not feel that this suggestion has been thoroughly thought out and I recommend and request further discussion of this plan before any changes are made. Your prompt response to my request is greatly appreciated and I look forward to hearing from your office at your earliest convenience. Sicerely; k1( Harold . Newburn Portion of Key Largo, F11 LETTERS OF NO OBJECTION - r. it Bankof Amenka Bax& of America Legal Department Dave Parker Senior Administrator, Special Projects Monroe County Engineering Department The Historic Gato Cigar Factory 1100 Simonton Street, Suite 2-216 Key West, Florida 33040 Re: St, Croix Property, Key Largo, Florida Dear Mr. Parker: Bank of America, N.A. -is in receipt of your correspondence with our Property Manager, Jesus Cardonne from CBRE regarding the proposed road abandonment. Since confirming with Jesus Cardonne that the road abandonment will not affect our property, Bank of America has no objection to the abandonment of a portion of St. Croix Place, Key Largo, Florida, as shown on the attached map. If y6u have any questions with the foregoing, please call. Sincerely, 5at4— CotA� Claire Bailey Caffaw!Ny Associate General Counsel 813,225.8173 CBC/pl� cc: Jesus Cardonne, 'CBRE" Jay Demo Tel, 813=8W - Far. W.WWW4 Bwk of America, FU-IMI&a 101 End Kew* MW (MM), PO BOR SM, ThIRM YL &M-8590 Rftr-w PeNz � -11 Q OUNTY go MONROE KEY WEST 1 FLORIDA 33040 (305) 2944641 Monroe County Engineering Department 1100 Simonton Street, Room 2-216 Key West, Florida 33040 (305) 29274426 (305) 292-4321 (fax) October 2nd, 2006 Barnett Bank of Jacksonville NA C/O Burr Wolff LP P. O. Box 2818 Alpharetta, Georgia, 30023 Dear Sir or Madam: BOARD OF COUNTYfl-MMISSIONERS E Mayor Dixie M. Spehar, District 1 Mayor Pro Tern Charles "Sonny" McCoy, District 3 George Neugent, District 2 David P. Rice, District 4 Murray E. nelson, District 5 This is to inform you that the Monroe County Board of County Commissioners (BOCC) is planning to abandon a 183 foot section of St. Croix Place that is adjacent to the Key Largo Community Park and to construct a new road that will connect to Homestead Avenue. The section of roadway that will be abandoned and the new road are shown on the attached figure. The new road results in your property becoming a corner lot with the potential access on two sides. Prior to abandoning the roadway, the BOCC is required to notify you that access to your property at St. Croix Place will be increased by the proposed work. We have provided three previous notifications without response. Your letter of no objection will allow us to proceed with the project more expeditiously. If you have no objection to the road abandonment as described, please sign where indicated on this letter and return to: Monroe County Engineering Department Attn: Dave Parker 1100 Simonton Street, Room 2-216 Key West, Florida 33040 If we do not receive the Letter of No Objection by Nov 1, 2006, we will proceed with the abandonment petition. If you should have any questions, please feel free to contact me at 305-295-4524 or by email at Parker - David monroecounty-fl. 9ov. Sincerely, David Parker Senior Administrator, Special Projects Attch Sketch of abandonment projeoN BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 14, 2007 Division: Growth Management Bulk Item: Yes _ No X Department: Planning and Env. Resources Staff Contact: Tiffany Stankiewicz, Ralph Gouldy AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for Miguel A. Rodriguez & Miguel G. & Gregoria Rogriguez T/C on Lot 4, Block 4, Pamela Villa Subdivision, Key Largo, Real Estate Number 00464290.000000. ITEM BACKGROUND: A building permit was applied for on 6/27/2003 and a ROGO application was applied for on 10/15/2003. The applicant applied for administrative relief on 5/14/2007 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 awarded in the form of a ROGO allocation. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval in the form of a ROGO allocation. 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 MIGUEL A. RODRIGUEZ & MIGUEL G. & GREGORIA ROGRIGUEZ T/C ON PROPERTY DESCRIBED AS LOT 4, BLOCK 4, PAMELA VILLA SUBDIVISION, KEY LARGO, RE # 00464290.000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Miguel A. Rodriguez & Miguel G. & Gregoria Rogriguez T/C 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: The application for administrative relief from Miguel A. Rodriguez & Miguel G. & Gregoria Rogriguez T/C is for Lot 4, Block 4, Pamela Villa Subdivision, Key Largo in Monroe County, Florida having RE# 00464290.000000. 2. The date of the ROGO application is 10/15/2003. 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. Monroe County Code (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 5/14/2007, under Section 9.5- 122.2(f) of the MCC and Policy 101.6.1 of the 2010 Comprehensive Plan. 7. Policy 101.6.5 of the 2010 Comprehensive Plan provides criteria to be used for determining lands that are appropriate for acquisition and the criteria includes the environmental sensitivity of the vegetative habitat on the lot. The subject property has the land use district designation of Improved Subdivision (IS), is located in the Pamela Villa Subdivision and is environmentally sensitive. 9. The subject parcel is located in a Tier III. ADMINISTRATIVE RELIEF RESOLUTION Page I of 2 RODRIGUEz, RE# 00464290.000000 03-3-2907 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to Miguel A. Rodriguez & Miguel G. & Gregoria Rogriguez T/C, for Lot 4, Block 4, Pamela Villa Subdivision, Key Largo in the form of one (1) dwelling unit allocation, subject to the following conditions: 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. The allocation is subject to the representations made by the applicants made on the Building Permit and ROGO applications. The allocation award shall be taken out of the next quarterly allocation which closes on January 15, 2008 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 140' day of November, 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 IM (SEAL) ATTEST: DANNY L. KOL14AGE, CLERK DEPUTY CLERK Mayor Mario Di Gennaro MONROE COUNTY ATTORNEY APPROVEQ AS T ORM ADMINISTRATIVE RELIEF RESOLUTION Page 2 of 2 RODRIGUEZ, RE# 00464290.000000 03-3-2907 To: From: Through: Date: MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair Monroe County Board of County Commissioners Tiffany Stankiewicz, Sr. Planning Technician Ralph Gouldy, Sr. Administrator Environmental Resources Townsley Schwab, Acting Director of Planning & Environmental Resources October 29, 2007 Subject: Request for Administrative Relief Lot 4, Block 4, Pamela Villa Subdivision, Key Largo Real Estate No. 00464290.000000 1 I. BACKGROUND 2 3 The applicant is eligible for Administrative Relief having complied with all requirements of the 4 dwelling unit allocation system and having been considered in at least three (3) of the last four 5 (4) consecutive annual allocation periods and having submitted the application for 6 Administrative Relief no earlier than the third annual allocation period and no later than ninety 7 (90) days following the close of the fourth allocation period. 8 9 Date Entered ROGO: 10/15/2003 10 11 Date Entered Administrative Relief. 5/14/2007 12 13 ROGO Score: 18 14 15 Planning: 14 16 • (+10) infill 17 • (+4) perseverance 18 Building: 6 19 • (-1) Flood Zone AE 20 • (+4) Water/Energy Conservation, 21 • (+3) Structural Integrity 22 Environmental: -2 23 • (-2) Group 2 24 25 II. CURRENT CONDITIONS 26 27 Location: Lot 4, Block 4, Pamela Villa Subdivision, Key Largo, Real Estate No. 28 00464290.000000 Page 1 of 2 Reviewed by 03-3-2907 Rodriguez Staff Report.doc I Owner: Miguel A. Rodriguez & Miguel G. & Gregoria Rogriguez Applicant/Agent: NA 2 3 Land Use District: Improved Subdivision (IS) FLUM: Residential Medium (RM) 4 5 Tier: III 2007 Taxable Value: $56,175 Purchase Price in 1997: $3,000 6 7 III. LEGAL ELIGIBILITY AND OPTIONS 8 9 Eligibility for Administrative Relief Options: 10 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or 11 the 2010 Comprehensive Plan provide a mechanism whereby an applicant who has not received 12 an allocation award in ROGO may apply to the Board of County Commissioners for 13 Administrative Relief The applicant is eligible for Administrative Relief having complied with 14 all requirements of the dwelling unit allocation system and having been considered in at least 15 three (3) of the last four (4) consecutive annual allocation periods and having submitted the 16 application for Administrative Relief no earlier than the third annual allocation period and no 17 later than ninety (90) days following the close of the fourth allocation period. The applicant has 18 requested administrative relief in the form of a granting of one (1) ROGO allocation and has not 19 expressed a desire to sell the property to the County. 20 21 Relief Options under Administrative Relief: 22 The remedies available to an application for Administrative Relief pursuant to Section 9.5- 23 122.2(f)(6) include issuance of one (1) ROGO allocation award, just compensation by purchase 24 of the property, or such other relief as may be necessary or appropriate. In the event purchase is 25 recommended and the owner refuses the purchase offer the applicant may remain in the 26 ROGO System. 27 28 Evaluation: 29 The subject property contains sensitive environmental features identified as indigenous high 30 hammock of low quality. The Existing Conditions Map, panel 281 denotes the parcel as 426 31 (tropical hardwood hammock). The area is sparsely developed. It therefore does meet the 32 criteria established under the existing Policy 102.4.2 of the Year 2010 Comprehensive Plan for 33 the purchase of property under Administrative Relief. 34 35 October 29, 2007 the Tier System criteria became effective and the subject parcel is located in a 36 Tier III. 37 38 IV. RECOMMENDATION 39 40 It is recommended that the Board of County Commissioners finds that the applicant has met the 41 criteria and qualifies for Administrative Relief It is further recommended that a Resolution be 42 prepared that establishes this relief awarding one (1) ROGO allocation in the next quarterly 43 ROGO allocation period which closes January 15, 2008, or next available allocation period. 44 Page 2 of 2 Reviewed by 03-3-2907 7 Rodriguez Staff Report.doc 1. � r ; j r Ilr -1. or •? 1 r ' r 4L-- OFOr 1 1 ' r J a ` . r . .* I K Ir 1 Cr 16 �, I ' � rr 'r• �•i� 0 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 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 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 Land Authority for recommended purchase. PASSED AND ADOPTED by the Board of County Commissioners of Monroe Cou thi o th day of June, 2004. Mayor Murray Nelsons i a r x+ r- Mayor Pro Tem David P. Rice CD v -yes Commissioner Charles "Sonny" McCoy N es Commissioner George Neugent yes ='c Commissioner Dixie Speh j rC•, O BOARD OF COUNTY COMMISSIONERS OF C Attest: `fittest: Danny I- lhge, Clerk M MONROE CqXNTY, B: Bv:_ FLORIDA E Dep Clerk MONROE COUNTY ATTORNEY MAYOR APP��OV AS TO FORM: JOHN R. COLLINS 0� COUNTYllo� ATTORNEY �_ 3r APPLICATION FOR ADMINISTRATIVE RELIEF Administrative Relief fee: $760.00 F_ Owner's Name: v Owner's mailing address: k FOR DEPARTMENT ONLY Date of filing with the Planning Director Phone: T1S(D LA'D Lk kY Fax: Agent's Name: Agent's mailing address: Phone: "S ° F\ ° k Fax: (Please attach a statement authorizing representation of this application by someone other than yourself. The statement should read: 1, (owner's name) authorize (individual you are authorizing to represent you) to represent my property for this application for Administrative Relief' RE# Legal description (attach metes and bounds description if necessary): �C' � �� �� I Permit #: Date of most recent ROGO application: ` Nj -- C) What kind of administrative relief are you seeking?������ Additional Comments: NOTARY: ��� �r STATE OF FLORIDA Applicant's Sig an ure COUNTY OF . i The foregoing signature was acknowledged before me this ! % day of °y _,204-7. By who is personally known to me or produced as identifit` MY �n � �pi��� 1 f ign'kW-Z,# [Y1S[ary Public, State of Florida Page 2 of 2 W:AGROWTH MANAGEMEN'i\Template Tla ng Applications - Procedwe Fom Tla ng App icaboms Administraave Relief doc 312007 MONROE COUNTY ***LIVE*** e 1 of 1 MISCELLANEOUS RECEIPT RECEIPT # : 99160 RECEIPT DATE : 05/14/2007 RECEIVED BY tedescod REC'D. FROM A & M RODRIGUEZ UDF 106.1 UDF 106.2 NOTES : ADMIN RELIEF FEE ID AMOUNT ---------------- ZONING-032 760.00 TOTALS: 760.00 METHOD OF PAYMENT AMOUNT -------------------------- ChBCK 760.00 TOTAL RECEIPT 760.00 ADRIA R. RODRIGUEZ MIGUEL A. RODRIGUEZ 10841 SW 128TH ST, MKMI, FL 331765442 GAY TO THE CRDEF OF PRINT DATE 05/14/2007 PRINT TIME 09:01:00 OPERATOR tedescod COPY # 1 CASH DRAWER: 2 THIS RCPT BALANCE ----------------- 760.00 0.00 --------------- 760.00 0.00 NUMBER ------------------ 3593 63-8413/2m 3593 3M9o706 DATE 57- //// — R//J`` 77.. L tx Washington Mutual Wa,tar�pn MudroI Bank FA 1 s E mwn" CenW 1713 / M7am1, FL 3317 a-BOD-)8g.)ppp J// // — NCTE<_ 4a MrCwfgrnp.a /!/�/ L_ 1:2£,70841311: 3830490706u -- - --- "� S93 - BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 14, 2007 Division: Growth Management Bulk Item: Yes _ No X Department: Planning and Env. Resources Staff Contact: Tiffany Stankiewicz, Ralph Gouldy AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for Bertha & Luis Costa on Lot 4, Block 1, Buttonwood Shores Addition Subdivision, Key Largo, Real Estate Number 00523050.000000. ITEM BACKGROUND: A building permit was applied for on 5/27/2003 and a ROGO application was applied for on 7/14/2003. The applicant applied for administrative relief on 7/19/2007 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 awarded in the form of a ROGO allocation. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval in the form of a ROGO allocation. 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 BERTHA & LUIS COSTA ON PROPERTY DESCRIBED AS LOT 4, BLOCK 1, BUTTONWOOD SHORES ADDITION SUBDIVISION, KEY LARGO, RE # 00523050.000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Bertha & Luis Costa 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. The application for administrative relief from Bertha & Luis Costa is for Lot 4, Block 1, Buttonwood Shores Addition Subdivision, Key Largo in Monroe County, Florida having RE# 00523050.000000. 2. The date of the ROGO application is 7/14/2003. 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. Monroe County Code (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. 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 7/19/2007, under Section 9.5- 122.2(f) of the MCC and Policy 101.6.1 of the 2010 Comprehensive Plan. 7. Policy 101.6.5 of the 2010 Comprehensive Plan provides criteria to be used for determining lands that are appropriate for acquisition and the criteria includes the environmental sensitivity of the vegetative habitat on the lot. 8. The subject property has the land use district designation of Improved Subdivision (IS), is located in the Buttonwood Shores Addition 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 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. ADMINISTRATIVE RELIEF RESOLUTION Page 1 of 2 COSTA, RE# 00523050.000000 03-3-2322 12. The new Tier System criteria does not effect the Administrative Relief recommendation. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to Bertha & Luis Costa, for Lot 4, Block 1, Buttonwood Shores Addition Subdivision, Key Largo in the form of one (1) dwelling unit allocation, subject to the following conditions: 1. The timing of the issuance of the permit shall be in accordance with the annual number of residential allocations defined by Policy 101.2.13 of the Monroe County Year 2010 Comprehensive Plan and as required by Section 9.5-122.2(f) of the Monroe County Code. 2. The allocation is subject to the representations made by the applicants made on the Building Permit and ROGO applications. 3. The allocation award shall be taken out of the next quarterly allocation which closes on January 15, 2008 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 14t' day of November, 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 :1 (SEAL) ATTEST: DANNY L. KOLRAGE, CLERK DEPUTY CLERK Mayor Mario Di Gennaro L NAOE COUNTY�pRNEY PPROVE AS FORM " ADMINISTRATIVE RELIEF RESOLUTION Page 2 of 2 COSTA, RE# 00523050.000000 03-3-2322 �n �. MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: Monroe County Board of County Commissioners From: Tiffany Stankiewicz, Sr. Planning Technician Ralph Gouldy, Sr. Administrator Environments esources Through: Townsley Schwab, Acting Director of Planning & Environmental Resource Date: October 23, 2007 Subject: Request for Administrative Relief Lot 4, Block 1, Buttonwood Shores Addition Subdivision, Key Largo, Real Estate No. 00523050.000000 1 I. BACKGROUND 2 3 The applicant is eligible for Administrative Relief having complied with all requirements of the 4 dwelling unit allocation system and having been considered in at least three (3) of the last four 5 (4) consecutive annual allocation periods and having submitted the application for 6 Administrative Relief no earlier than the third annual allocation period and no later than ninety 7 (90) days following the close of the fourth allocation period. 8 9 Date Entered ROGO: 7/14/2003 10 11 Date Entered Administrative Relief: 7/19/2007 12 13 ROGO Score: 21 14 15 Planning: 14 16 • (+10) infill 17 • (+4) perseverance 18 Building: 6 19 • (-1) Flood Zone AE 20 • (+4) Water/Energy Conservation, 21 • (+3) Structural Integrity 22 Environmental: 1 23 • (+1) Group 1 24 25 II. CURRENT CONDITIONS 26 27 Location: Lot 4, Block 1, Buttonwood Shores Addition Subdivision, Key Largo, Real Estate No. 28 00523050.000000 Page 1 of 2 Reviewed by 03-3-2322 Staff Report Costa.doc I Owner: Bertha & Luis Costa Applicant/Agent: N/A 2 3 Land Use District: Improved Subdivision (IS) FLUM: Residential Medium (RM) 4 5 Tier: III 2007 Taxable Value: $10,584 Purchase Price in 1982: $7,500 6 7 III. LEGAL ELIGIBILITY AND OPTIONS 8 9 Eligibility for Administrative Relief Options: 10 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or 11 the 2010 Comprehensive Plan provide a mechanism whereby an applicant who has not received 12 an allocation award in ROGO may apply to the Board of County Commissioners for 13 Administrative Relief. The applicant is eligible for Administrative Relief having complied with 14 all requirements of the dwelling unit allocation system and having been considered in at least 15 three (3) of the last four (4) consecutive annual allocation periods and having submitted the 16 application for Administrative Relief no earlier than the third annual allocation period and no 17 later than ninety (90) days following the close of the fourth allocation period. The applicant has 18 requested administrative relief in the form of a granting of one (1) ROGO allocation and has not 19 expressed a desire to sell the property to the County. 20 21 Relief Options under Administrative Relief: 22 The remedies available to an application for Administrative Relief pursuant to Section 9.5- 23 122.2(f)(6) include issuance of one (1) ROGO allocation award, just compensation by purchase 24 of the property, or such other relief as may be necessary or appropriate. In the event purchase is 25 recommended and the owner refuses the purchase offer the applicant may remain in the 26 ROGO System. 27 28 Evaluation: 29 The subject property does not contain sensitive environmental features or habitat for endangered 30 or threatened species nor is such indicated on the Protected Animal Species Map 2. The Existing 31 Conditions Map, panel 275 denotes the parcel as 740 (disturbed). It therefore does not meet the 32 criteria established under the existing Policy 102.4.2, or Policy 101.6.5 of the Year 2010 33 Comprehensive Plan for the purchase of property under Administrative Relief 34 35 The new Tier System criteria does not change the Administrative Relief recommendation. 36 37 IV. RECOMMENDATION 38 39 It is recommended that the Board of County Commissioners finds that the applicant has met the 40 criteria and qualifies for Administrative Relief. It is further recommended that a Resolution be 41 prepared that establishes this relief awarding one (1) ROGO allocation in the next quarterly 42 ROGO allocation period which closes January 15, 2008, or next available allocation period. Page 2 of 2 Reviewed by 03-3-2322 Staff Report Costa.doc /,�/O//,/ Commissioner Charles "Sonny McCoy, RESOLUTION NO223 -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 i pine stands as possible, and ndigenous hammocks 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, TWAT: 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 including the encouragement of building affordable housing, are protected. flood 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 thi day of June, 2004. 4 th = O r Mayor Murray Nelsons b _ r" o0 Mayor Pro Tern David P. Ricers Commissioner Charles "Sonnv,, MCCoyyes o � N -'► Commissioner George Neugent Yes i N Commissioner Dixie Spehar r- � � O i 3est. D BOARD OF COI,TITY COMMISSIONERS OF CN M An5 L large, Clerk MONROE CqjrN TY, FLORIDA <:7 E D100 ep C I erk By --- _ MONROE COUNTY ATTORNEY MAYOR APP610VW AS TO FORM: Q 0 JOHN R. COLLINS -_COUNTY ATTORNEY JUL 1 MT F '1TI N FOR MO NROE CDA WAM**fl E RELIEF f fee: $760.00 Owner's Name: Owner's mailing FOR DEPARTMENT ONLY Date of filing with the Planning Director P- . 1�L..iQGz lfb Phone: 3o� 11 s � c-) C� o (�, Y Fax Agent's Name: Agent's mailing address: k45-`J 07:10 � 0--� -4--, (Please attach a statement authorizing representation of this application by someone other than yourself. The statement should read: 1, (owner's name) authorize (individual you are authorizing to represent ou) to represent my property for this application for Administrative Relief' ( ( rj 6i ,C OMO RE# GUNL-041th � ��c p 3� D� - 02 Z Legal description (attach metes and bounds description if necessary): P->,-"!T0(oW0 t) swc-pnz A D. L-10- ' LA e� LO c k 1 Permit #:% ©� 9 3 dc) Date of most recent ROGO application: What kind of administrative relief are you seeking? -S I 1 ^ 6C6 k"A-M CCn Additional Comments: NOTARY: STATE OF F �RIDA COUNTY OF 4%ril-w" Applicant's Signature r The foregoing signature was acknowledged before me this day of ,20 G1. By who is personally known to me or pro as identification. My comjMss)on expire . e d Pa Signature of Notary Public, State of Florida E*ftAq 26, if110 • vo NMI Page 2 of 2Elk,�W � AEG W AGROWTH MANAGEMENW=Plates\Plaaning Applications . Proced ns' .m; tra . eRW3ej�.WA 3/2007 e ()05 z 302 000OCOO eeMM %T 4 0 3 - 0'-�> - a3 2-2 Hts 1-0 A. LAMZ iA51U5 CARROLL Nolary Pubic - $sale of FlbmftW Can *SW Exphse Aug 24, 2DIO CommW*n # DD 58M1 �. By rotary Ann. CO. PLANNING DEPT. 11 197 L o � C � y �v a y 0 1 � j o > D aai w y a O n co a m y y d a_ av fD can n O12 g m o Na w N w m b to o 0 0 O O 0 w cD N 0 3 = a 0 o 0 < O c fD � a o !� Ut O O m D CD < m v � CD CD IQ N W O N v N v N p N co cn 0) Q N 8 8 O J N W s s to CD CA d CD N N O Q (D 8 (D (D W— (D 8 O (D O (D 8 O (D O O 8 O O O 0 0 O 0 0 j1N y o O Oo O O m w 0o O CO O (D O CO (D CO O (D O O O O O O O �x N W A Cn O J O co O N w A Cn O J co O O -N W A(" O T T T T T T T T T T T T T T m -nT T T T -n -n -nT T , (D O1 = � y i(D O a L C K Oo Oo O CD CD C9 O O O O N N N O O O O O O O O O O O O ;r- A A OD OJo OD . "' g cohw W(,o " Cn Cn . Cn Cn . Cn Cn Cn U'i U7 Cn : C1 A .A A CO OD O W OD OD Oo CO OD OD co W 7 -� CO OD W OD A A A A OD 00 OD A A A A A A A A A A A A G 0 0 0 0 o O O o 0 0 0 0 0 0 0 0 0 0 0 o a 0 0 0 0 0 0 0 0 o O O O O O O O O O o 0 0 a 0 O a 0 0 0 0 dD , OD (D CO (D (D O O O O N N N O O a O O O O O O O O O 0) a)OD OD co W Cn Cn (n (n W W W Cn Cn CT, (,n Cn Cn In cn Cn Cn U7 Cn A A OO OJo OD OODD A_ A A A OOD 00 OAD A OA A- -N A co A A A. co A .OA 00 OD (D CD (D (D O O O O N N N O O O O O O O O O O O O m O Oo W Oo OD Cn (Il CT Cn W W W Cn Cn (P (ITCn Uh un 0 0 0 Cn Cn A A -1 v ti v m OD m W A A A OD Du O co co OD O m W m m m Ou Ou au au A A A A Oo W O A A A A A A A A A A A A m ix 0 0 0 0 o a o 0 0 0 0 0 o O O o 0 o O O o O O O 0110 I x 00 0 (D (D (D (D O O O O N- N PiO O O O O O O O O O O O 'N< A Oho OVo - Oho OJo .Cn 0 c m cn ? WA m W m m W 0mm cohO0D coo coo iC OD O W m A A A 4 m co CO A A A A A A A A A A A A I�p ic O O CD n O C I O 73 O �T N CD 0 O a. a 0 m D :t 1+ CD 0 (D 07 al (D (D < A (0 N N W C O N v N v N O M N. MONROE COUNTY ***LIVE*** Item 1 of 1 PERMIT RECEIPT OPERATOR: colej COPY # : 1 Sec:28 Twp:61 Rng:39 Sub: Blk: Lot: RE: ........: 00523050000000 DATE ISSUED.......: 07/19/2007 RECEIPT #.........: 101366 REFERENCE ID # ...: 03302322 SITE ADDRESS BK1 LT4 BUTTONWOOD SHORES SUBDIVISION ...... CITY ............. IMPACT AREA ......: OWNER COSTA LUIS & BERTHA ADDRESS 1059 N W 27 STREET CITY/STATE/ZIP ...: CORAL GABLES, FL 33134 RECEIVED FROM ....: BERTHA COSTA CONTRACTOR LIC # *OWNER* COMPANY COSTA LUIS & BERTHA ADDRESS 1059 N W 27 STREET CITY/STATE/ZIP CORAL GABLES, FL 33134 TELEPHONE ........: FEE ID UNIT ----------- QUANTITY ---------- AMOUNT PD-TO-DT THIS REC NEW BAL B- B- A PLAN FLAT RATE 1.00 ---------- 100.00 ---------- 0.00 ---------- 0.00 ____ 100.00 B- 0 EDUC FLAT RATE 1.00 2.00 0.00 0.00 2.00 B- 2B APPL 3 FLAT RATE 1.00 750.00 750.00 0.00 0.00 B- BLDG BIO EDU SQ FT FLAT RATE 2,220.00 575.00 0.00 0.00 575.00 B-11A CIST EACH 2.00 1.00 4.00 0.00 0.00 4.00 B-21A FILL CUBIC YARDS 260.00 100.00 45.00 0.00 0.00 100.00 3-219 FILL FLAT RATE 1.00 80.00 0.00 0.00 45.00 B-22B L/C FLAT RATE 1.00 35.00 0.00 0.00 0.00 80.00 B-22C L/C UNITS 1.00 35.00 0.00 0.00 35.00 E- 0 EDUC FLAT RATE 1.00 2.00 0.00 0.00 35.00 E- 3A OUT SQUARE FEET 2,220.00 230.00 0.00 0.00 0.00 2.00 E- 3B OUT EACH OUTLET 20.00 200.00 0.00 0.00 230.00 200.00 E- 4A SERV TEMP SERVICES 1.00 50.00 0.00 0.00 50.00 E- 49 SERV SERVICES 1.00 50.00 0.00 0.00 50.00 E- E- 4J SUB 5A SERVICES 1.00 50.00 0.00 0.00 50.00 E- MOTO 9B A/C MOTORS SYSTEMS 2.00 100.00 0.00 0.00 100.00 E-13 LOW R SYSTEMS 1.00 1.00 50.00 0.00 0.00 50.00 LDR 1-SFR FLAT RATE 1.00 50.00 75.00 0.00 0.00 50.00 M- 0 EDUC FLAT RATE 1.00 2.00 0.00 0.00 0.00 75.00 M- 2 2A/C SYSTEM 1.00 65.00 0.00 0.00 0.00 2.00 65.00 M- 3 DUCTW DROPS 14.00 140.00 0.00 0.00 140_nn P- P- 0 EDUC 2 FLAT RATE 1.00 2.00 0.00 0.00 2.00 P- FIXTU 3A SEWE UNITS PER CONNECTIO 14.00 210.00 0.00 0.00 210.00 P- 6 APIPE CONNECTIONS 1.00 1.00 50.00 0.00 0.00 50.00 P- 6 DPIPE DOLLARS 4.00 20.00 0.00 0.00 20.00 48.00 0.00 0.00 48.00 MONROE COUNTY ***LIVE*** Item 1 of 1 PERMIT RECEIPT OPERATOR: colej COPY # : 1 Sec:28 Twp:61 Rng:39 Sub: Blk: Lot: RE: ........: 00523050000000 DATE ISSUED.......: 07/19/2007 RECEIPT #.........: 101366 REFERENCE ID # 03302322 SITE ADDRESS BK1 LT4 BUTTONWOOD SHORES SUBDIVISION ...... CITY .............: IMPACT AREA ...... OWNER COSTA LUIS & BERTHA ADDRESS 1059 N W 27 STREET CITY/STATE/ZIP CORAL GABLES, FL 33134 RECEIVED FROM BERTHA COSTA CONTRACTOR LIC # *OWNER* COMPANY COSTA LUIS & BERTHA ADDRESS 1059 N W 27 STREET CITY/STATE/ZIP ...: CORAL GABLES, FL 33134 TELEPHONE ........: FEE ID -- ---- UNIT -- ------ QUANTITY ---------- AMOUNT PD-TO-DT THIS REC NEW BAL - 0 EDUC FLAT RATE 1.00 -------------------- 2.00 0.00 ---------- 0.00 ---------- R- 9A ROOF SQUARE FEET 2,957.00 150.00 0.00 2.00 RADON/NEW SQUARE FOOTAG 2,220.00 11.10 0.00 0.00 150.00 RECOV/NEW SQUARE FOOTAG 2,220.00 11.10 0.00 0.00 11.10 ROGO FLAT RATE 1.00 200.00 200.00 0.00 0.00 11.10 ZONING-032 FLAT RATE 1.00 760.00 0.00 760.00 0.00 0.00 TOTAL PERMIT ---------- ---------- 1134.20 200.00 ---------- 760.00 174.20 METHOD OF PAYMENT AMOUNT ----- NUMBER CHECK ------------------ 760.00 2128 - BOA TOTAL RECEIPT 760.00 BERTHA COSTA �J ? tY rh n P.O. BOX 421872 1 •`�^T VV sz-3 WO L�.�'`"��i MIAMI, FL =1842-1872 2 28 Pw /o the order $ 7(pp 4_ Bankofll►nerica AcHR/roea1oozn �>'lentn Z:06310027?,: 00373812779908+Y 21 28� --" REFERENCE --------- TYPE ---- FEE ID' THIS REC 03302322 P ---------- B- A PLAN ---------- 0.00 03302322 P B- 0 EDUC 0.00 03302322 P B- 2B APPL 0.00 03302322 P B- 3 BLDG 0.00 03302322 P B- BIO EDU 0.00 03302322 P B-11A CIST 0.00 03302322 P 3-21A FILL 0.00 03302322 P B-21B FILL 0.00 03302322 P B-22B L/C 0.00 03302322 P 2-22C L/C 0.00 03302322 P E- 0 EDUC 0.00 03302322 P E- 3A OUT 0.00 03302322 P E- 3B OUT 0.00 03302322 P E- 4A SERV 0.00 03302322 P E- 4B SERV 0.00 03302322 P E- 4J SUB 0.00 03302322 P E- 5A MOTO 0.00 03302322 P E- 9B A/C 0.00 03302322 P E-13 LOW R 0.00 03302322 P LDR 1-SFR 0.00 03302322 P M- 0 EDUC 0.00 03302322 P M- 2 2A/C 0.00 03302322 P M- 3 DUCTW 0.00 03302322 P P- 0 EDUC 0.00 03302322 P P- 2 FIXTU 0.00 03302322 P P- 3A SEWE 0.00 03302322 P P- 6 APIPE 0.00 03302322 P P- 6 DPIPE 0.00 03302322 P R- 0 EDUC 0.00 03302322 P R- 9A ROOF 0.00 03302322 P RADON/NEW 0.00 03302322 P RECOV/NEW 0.00 03302322 P ROGO 0.00 03302322 P ZONING-032 760.00 TOTAL FOR 03302322 760.00 TOTAL PERMIT FEES 760.00 DATE............ 07/19/07 TIME............ 12:01 RECEIPT NUMBER.. 101366 OPERATOR ID..... colej CHECK........... 760.00 TOTAL........... 760.00 E2 NEW APPLICATIO NORM: Pre 03ED TIER MONROE COUNTY PLANNING DEPARTMENT APPLICATION FOR RESIDENTIAL PERMIT ALLOCATION Marathon: (305) 289-2500 Plantation Key: (305) 852-7100 Application Fee: $200.00 PLEASE PRINT AND ATTACH A COPY OF A PROPERTY RECORD CARD. IF YOU HAVE QUESTIONS OR WISH TO MAKE AN APPOINTMENT TO DELIVER YOUR APPLICATION, PLEASE CALL THE GROWTH MANAGEMENT OFFICE CLOSEST TO YOUR PROJECT. ONCE THIS APPLICATION IS ACCEPTED AND DEEMED COMPLETE, REVISIONS WILL ONLY BE ACCEPTED IF A NEW APPLICATION IS SUBMITTED. PLEASE BE ADVISED THERE IS A PENDING DEFERRAL OF ROGO ALLOCATIONS IN TIER I AND II AREAS. Owner(s) Name: CO&TA Street Address: �� ( �yc City: 1(_A( L4",) State :�LZip:3 U Agent's Name: Ph. (H) Street Address: City: State: _Zip: PROPERTY DESCRIPTION: Lot Block I Subdivision �-`f��w� S*Hrl� A00iV Key: L 41Z-G0 Street: ( 0311,L1 Pl2 MM: 100 RE: C)OSz 3 0 5: 0 ^ Wo COO If metes and bounds, attach legal description on separate sheat NUMBER OF UNITS: Mobile Home:_ House: k/RV: Live -aboard: Others: Check Yes or No. If yes, then attach the requested documents: Yes _ No /The project is combining contiguous lots in a legally platted subdivision with water, electricity, and paved roads or is otherwise below density. Please attach a copy of a proposed restrictive covenant limiting the number of units on the property and running in favor of and enforceable by the County. Yes _ No The unit(s) will be affordable housing. Attachment required is a current affordable housing approval from the Planning Department Yea _ Nod` The proposal includes dedication of vacant, buildable land located in areas proposed for acquisition. Attachments required with this application are: 1) letter from the Biologist stating the property is dedicateable, 2) proof of ownership, 3) proposed WARRANTY DEED(S) (Quit Claim Deeds will not be accepted). Please list the RE:'(s) of the land to be dedicated Yes _ No �` Transfer of ROGO Exemptions (TRE's) are being utilized in the development of attached dwelling units. Attachment required. The applicant must submit a copy or a certified copy of the recorded Development Order approving the TRE's for this project TRE's is/are to be used for this application. l certify that 1) / have read and examined this application including attachments and know same to be true and correct; 2) All provisions of laws and ordinances governing this type of work are complied with whether specified heroin or not, including the provision of Local, State, or Federal requirements regulating construction or the performance of construction, and 3) Time periods for County action set forth in Section 9.5-113 of the County Code,, are —hereby wa/ e1d\. �f�1 � �L �.• * l 5; �� Sarwra J wtpM ��1 � �'C�-�,t— � l �t" � V� Signature ofN o�taryn �srrw Signature of Applicant Date Swom to and subscribed to before me this i' day of ` ' _ 20 G� �' . he/she is personally known to me has produced f D as identification and who did (did t) take an oath. TO BE COMPLETED BY STAFF- DATE: 1 // C TIME: PERMIT # �� — 3 3 -2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 14 2007 Division: Growth Management Bulk Item: Yes _ No X Department: Planning and Env. Resources Staff Contact: Tiffany Stankiewicz, Ralph Gouldy AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for Bayview Development LLC on Lot 535 & 1/41 internal private road, Port Largo 5th Addition, Key Largo, Real Estate Number 00453475.015100. ITEM BACKGROUND: A building permit was applied for on 3/28/2003 and a ROGO application was applied for on 10/14/2003. The applicant applied for administrative relief on 11/14/2006 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 awarded in the form of a ROGO allocation. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval in the form of a ROGO allocation. 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 BAYVIEW DEVELOPMENT LLC ON PROPERTY DESCRIBED AS LOT 535 & 1/41 INTERNAL PRIVATE ROAD, PORT LARGO 5TH ADDITION, KEY LARGO, RE # 00453475.015100 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Bayview Development LLC 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: The application for administrative relief from Bayview Development LLC is for Lot 535 & 1/41 internal private road, Port Largo 5th Addition, Key Largo in Monroe County, Florida having RE# 0045 3475.015 100. The date of the ROGO application is 10/14/2003. 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. Monroe County Code (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 11/14/2006, under Section 9.5-122.2(f) of the 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. 8. The subject property has the land use district designation of Improved Subdivision (IS), is located in the Port Largo 5th Addition and is not environmentally sensitive. 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. ADMINISTRATIVE RELIEF RESOLUTION Page 1 of 2 BAYVIEW DEVELOPMENT, RE## 00453475.015100 03-3-1273 12. The new Tier System criteria does not effect the Administrative Relief recommendation. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to Bayview Development LLC, for Lot 535 & 1/41 internal private road, Port Largo 5th Addition, Key Largo in the form of one (1) dwelling unit allocation, subject to the following conditions: 1. The timing of the issuance of the permit shall be in accordance with the annual number of residential allocations defined by Policy 101.2.13 of the Monroe County Year 2010 Comprehensive Plan and as required by Section 9.5-122.2(f) of the Monroe County Code. 2. The allocation is subject to the representations made by the applicant made on the Building Permit and ROGO applications. 3. The allocation award shall be taken out of the next quarterly allocation which closes on January 15, 2008 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 14'' day of November, 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 Im (SEAL) ATTEST: DANNY L. KOLRAGE, CLERK DEPUTY CLERK Mayor Mario Di Gennaro MONROE UN� ATTORNEY A -PR AS FORM ADMINISTRATIVE RELIEF RESOLUTION Page 2 of 2 BAY-V[EW DEVELOPMENT, RE# 00453475.015100 03-3-1273 6�0 s r�s MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional anal fair To: Monroe County Board of County Commissioners From: Tiffany Stankiewicz, Sr. Planning Technician -ils Ralph Gouldy, Sr. Administrator Environmental Resources Through: Townsley Schwab, Acting Director of Planning & Environmental Resources Date: October 23, 2007 Subject: Request for Administrative Relief Lot 535 & 1/41 internal private road, Port Largo 5th Addition Subdivision, Key Largo, Real Estate No. 00453475.015100 I. BACKGROUND 3 The applicant is eligible for Administrative Relief having complied with all requirements of the 4 dwelling unit allocation system and having been considered in at least three (3) of the last four 5 (4) consecutive annual allocation periods and having submitted the application for 6 Administrative Relief no earlier than the third annual allocation period and no later than ninety 77 (90) days following the close of the fourth allocation period. 9 Date Entered ROGO: 10/14/2003 10 11 Date Entered Administrative Relief. 11/14/2006 12 13 ROGO Score: 18 14 15 Planning: 16 16 . (+10) infill 17 . (+2) Land Dedication 18 . (+4) perseverance 19 Building: 1 20 • (-6) Flood Zone VE 21 • (+4 ) Water/Energy Conservation, 22 • (+3) Structural Integrity 23 Environmental: 1 24 • (+1) Group 1 26 IL CURRENT CONDITIONS 27 28 Location: Lot 535 & 1/41 internal private road, Port Largo 5th Addition Subdivision, Key Largo, 29 Real Estate No. 00453475.015100 Page I of 2 Reviewed by 03-3-1273 I Owner: Bayview Development LLC Applicant/Agent: N/A 2 3 Land Use District: Improved Subdivision (IS) FLUM: Residential Medium (RM) 4 5 Tier: III 2007 Taxable Value: $515,615 Purchase Price in 2005: $600,000 6 7 III. LEGAL ELIGIBILITY AND OPTIONS 8 9 Eligibility for Administrative Relief Options: 10 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or 11 the 2010 Comprehensive Plan provide a mechanism whereby an applicant who has not received 12 an allocation award in ROGO may apply to the Board of County Commissioners for 13 Administrative Relief The applicant is eligible for Administrative Relief having complied with 14 all requirements of the dwelling unit allocation system and having been considered in at least 15 three (3) of the last four (4) consecutive annual allocation periods and having submitted the 16 application for Administrative Relief no earlier than the third annual allocation period and no 17 later than ninety (90) days following the close of the fourth allocation period. The applicant has 18 requested administrative relief in the form of a granting of one (1) ROGO allocation and has not 19 expressed a desire to sell the property to the County. 20 21 Relief Options under Administrative Relief: 22 The remedies available to an application for Administrative Relief pursuant to Section 9.5- 23 122.2(f)(6) include issuance of one (1) ROGO allocation award, just compensation by purchase 24 of the property, or such other relief as may be necessary or appropriate. In the event purchase is 25 recommended and the owner refuses the purchase offer the applicant may remain in the 26 ROGO System. 27 28 Evaluation: 29 The subject property does not contain sensitive environmental features or habitat for endangered 30 or threatened species nor is such indicated on the Protected Animal Species Map 2. The Existing 31 Conditions Map, panel 274 denotes the parcel as 740 (disturbed). It therefore does not meet the 32 criteria established under the existing Policy 102.4.2, or Policy 101.6.5 of the Year 2010 33 Comprehensive Plan for the purchase of property under Administrative Relief. 34 35 The new Tier System criteria does not change the Administrative Relief recommendation. 36 37 IV. RECOMMENDATION 38 39 It is recommended that the Board of County Commissioners finds that the applicant has met the 40 criteria and qualifies for Administrative Relief It is further recommended that a Resolution be 41 prepared that establishes this relief awarding one (1) ROGO allocation in the next quarterly 42 ROGO allocation period which closes January 15, 2008, or next available allocation period. Page 2 of 2 Reviewed by%—r 03-3-1273 1 1 . r U i JJ Ic ow RP vv_!! IF "T*T T-_ vow --- pf M. lirmimi/ -,I I W� -------------- I L -1 Comnussioner Charles " Sonny McCo) RESOLUTION NO223 -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: 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 Comm day of June, 2004. issioners of Monroe County thi%4l5ih = v r n Mayor Murray Nelsons r Mayor Pro Tem David V Rice ,e s �, O Commissioner Charles "Sonny" McCoy yes o�N '► Commissioner George Neugent yes i z� Commissioner Dixie Spehar-yes :<-+_ 2 rn N O ( 31�L) BOARD OF CO Attest.Danny I-thage, Clerk UNn' COMMISSe i M MONROE C 'NTY, FLORIDA IONERS OF e B 70E Dep Clerk Bv. 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Ut&O AkZIN!AU "Coo ISxO-Sit+£Sto0 :HN) -OTwf MA:Fad o �xod :u�csr� I�4nS S£S s PIoS � H' � `alAA A.Y. ajoxat (trios Y Ww...; 7 V BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 14, 2007 Division: Growth Management Bulk Item: Yes _ No X Department: Planning and Env. Resources Staff Contact: Tiffany Stankiewicz, Ralph Gouldy AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for Jose L. & Rebecca J. Zambrana on Lot 6, Block 3, Bluewater Trailer Village Section 4 Subdivision, Key Largo, Real Estate Number 00489136.010600. ITEM BACKGROUND: A building permit was applied for on 4/17/2003 and a ROGO application was applied for on 10/14/2003. The applicant applied for administrative relief on 5/14/2007 and is within the allowable time frame to be eligible for administrative relief under Section 9.5-122.2(o of the Monroe County Code. Staff recommends that administrative relief be awarded in the form of a ROGO allocation. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval in the form of a ROGO allocation. 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 JOSE L. & REBECCA J. ZAMBRANA ON PROPERTY DESCRIBED AS LOT 6, BLOCK 3, BLUEWATER TRAILER VILLAGE SECTION 4 SUBDIVISION, KEY LARGO, RE # 00489136.010600 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Jose L. & Rebecca J. Zambrana 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: The application for administrative relief from Jose L. & Rebecca J. Zambrana is for Lot 6, Block 3, Bluewater Trailer Village Section 4 Subdivision, Key Largo in Monroe County, Florida having RE# 00489136.010600. 2. The date of the ROGO application is 10/14/2003. 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. Monroe County Code (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 5/14/2007, under Section 9.5- 122.2(f) of the MCC and Policy 101.6.1 of the 2010 Comprehensive Plan. 7. Policy 101.6.5 of the 2010 Comprehensive Plan provides criteria to be used for determining lands that are appropriate for acquisition and the criteria includes the environmental sensitivity of the vegetative habitat on the lot. 8. The subject property has the land use district designation of Urban Residential Mobile Home (URM), is located in the Bluewater Trailer Village Section 4 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 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. ADMINISTRATIVE RELIEF RESOLUTION Page 1 of 2 ZAMBRANA, RE# 00489136.010600 03-3-1615 12. The new Tier System criteria does not effect the Administrative Relief recommendation. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to Jose L. & Rebecca J. Zambrana, for Lot 6, Block 3, Bluewater Trailer Village Section 4 Subdivision, Key Largo in the form of one (1) dwelling unit allocation, subject to the following conditions: 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. The allocation is subject to the representations made by the applicants made on the Building Permit and ROGO applications. The allocation award shall be taken out of the next quarterly allocation which closes on January 15, 2008 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 14'' day of November, 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 Mayor Mario Di Gennaro MONROE APPROVE TEY A F RM.. ADMINISTRATIVE RELIEF RESOLUTION Page 2 of 2 ZAMSRANA, RE# 004891 X010600 03-3-1615 �T' [2y' Lam. ...... ... .... MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: Monroe County Board of County Commissioners From: Tiffany Stankiewicz, Sr. Planning Technician Ralph Gouldy, Sr. Administrator Environmenta Resources�,� Through: Townsley Schwab, Acting Director of Planning & Environmental Resources??, i Date: October 23, 2007 Subject: Request for Administrative Relief Lot 6, Block 3, Bluewater Trailer Village Section 4 Subdivision, Key Largo, Real Estate No. 00489136.010600 1 1. BACKGROUND 2 3 The applicant is eligible for Administrative Relief having complied with all requirements of the 4 dwelling unit allocation system and having been considered in at least three (3) of the last four 5 (4) consecutive annual allocation periods and having submitted the application for 6 Administrative Relief no earlier than the third annual allocation period and no later than ninety 7 (90) days following the close of the fourth allocation period. 8 9 Date Entered ROGO: 10/14/2003 10 11 Date Entered Administrative Relief: 5/14/2007 12 13 ROGO Score: 21 14 15 Planning: 14 16 . (+10) infill 17 . (+4) perseverance 18 Building: 6 19 • (-1) Flood Zone AE 20 • (+4) Water/Energy Conservation 21 . (+3) Structural Integrity 22 Environmental: 1 23 • (+1) Group 1 24 25 11. CURRENT CONDITIONS 26 27 Location: Lot 6, Block 3, Bluewater Trailer Village Section 4 Subdivision, Key Largo, Real 28 Estate No. 00489136.010600 Page 1 of 2 Reviewed by 03-3-1615 Staff Report Zambrana.doc 1 2 Owner: Jose L. & Rebecca J. Zambrana Applicant/Agent: N/A 3 4 Land Use District: Urban Residential Mobile Home (URM) FLUM: Residential High (RH) 5 6 Tier: III 2007 Taxable Value: $41,861 Purchase Price in 2002: $85,000 7 8 III. LEGAL ELIGIBILITY AND OPTIONS 9 10 Eligibility for Administrative Relief Options: 11 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or 12 the 2010 Comprehensive Plan provide a mechanism whereby an applicant who has not received 13 an allocation award in ROGO may apply to the Board of County Commissioners for 14 Administrative Relief. The applicant is eligible for Administrative Relief having complied with 15 all requirements of the dwelling unit allocation system and having been considered in at least 16 three (3) of the last four (4) consecutive annual allocation periods and having submitted the 17 application for Administrative Relief no earlier than the third annual allocation period and no 18 later than ninety (90) days following the close of the fourth allocation period. The applicant has 19 requested administrative relief in the form of a granting of one (1) ROGO allocation and has not 20 expressed a desire to sell the property to the County. 21 22 Relief Options under Administrative Relief: 23 The remedies available to an application for Administrative Relief pursuant to Section 9.5- 24 122.2(f)(6) include issuance of one (1) ROGO allocation award, just compensation by purchase 25 of the property, or such other relief as may be necessary or appropriate. In the event purchase is 26 recommended and the owner refuses the purchase offer the applicant may remain in the 27 ROGO System. 28 29 Evaluation: 30 The subject property does not contain sensitive environmental features or habitat for endangered 31 or threatened species nor is such indicated on the Protected Animal Species Map 2. The Existing 32 Conditions Map, panel 256 denotes the parcel as 740 (disturbed). It therefore does not meet the 33 criteria established under the existing Policy 102.4.2, or Policy 101.6.5 of the Year 2010 34 Comprehensive Plan for the purchase of property under Administrative Relief. 35 36 The new Tier System criteria does not change the Administrative Relief recommendation. 37 38 IV. RECOMMENDATION 39 40 It is recommended that the Board of County Commissioners find that the applicant has met the 41 criteria and qualifies for Administrative Relief. It is further recommended that a Resolution be 42 prepared that establishes this relief awarding one (1) ROGO allocation in the next quarterly 43 ROGO allocation period which closes January 15, 2008, or next available allocation period. Page 2 of 2 Reviewed by-,�— 03-3-1615 Staff Report Zambrana.doc r ' ■ -7 - `+ -T r - �� r•.� 1� # r OF - l ,. �AMd� L 1 • r 7. 'i- } ` c�%r7` r r � � t k" AIWIR iWPOMF�%NNW La --� ! T Jr for , 4� Pi IL A60; lmi�0�1&�Ail ml imi lmillim-tm Commissioner Charles " Sonny' McCoy RESOLUTION NW 23 -2004 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DIRECTING MONROE COUNTY'S GROWTH MANAGEMENT DMSION 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 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 Land Authority for recommended purchase. PASSED AND ADOPTED by the Board day of June, 2004. of County Commissioners of Monroe County thi , th Mayor Murray Nelsons r- Mayor Pro Tem David P. Ricers o r' . o Commissioner Charles "Sonny" McCoy �es c N Commissioner George Neugent yes i Commissioner Dixie Spehar-Y.t,S "`— (SEAL) Attest: r C-) BOARD OF COUNTY COr MMISSIONERS " O Danny J large, Clerk MONROE C TY, FLORIDA cwn B <:ZD�ep—C� Bv.— MONROE COUNTY ATTORNEY MAYOR APPV AS TO FORM: �— JOHN R. COLLINS S COUNTY�10� ATTORNEY Qth O13 ` ^ FOR DEPARTMENT ONLY Date of filing with the Planning APPLICATION FOR Director ADMINISTRATIVE RELIEF ` , Administrative Relief fee: $760.00 Owner's Name: �/ � /77 !�/e!4 jk) fg Owner's mailing address: 11�5-3 ,7 &IeI77r9tL2)1e , /; t/efe/d%f `Pi2 AI -330 20 Phone: \3�5" i F 0 o Fax: Agent's Name: JVJA Agent's mailing address: Phone: Fax: (Please attach a statement authorizing representation of this application by someone other than yourself. The statement should read: 1, (owner's name) authorize (individual you are authorizing to represent you) to represent my property for this application for Administrative Relief' RE# D � �'%/� '0/0 4—©0 Legal description (attach metes and bounds description if necessary / W �I//c Permit #: Q, 3 - % 6 45— p13 Date of most recent ROGO application: 121!�I— What kind of administrative relief are you seeking?r/Ctp a$ e Additional Comments: NOTARY: STATE OF FLO13JDA COUNTY OFn,4 g _ The foregoing signature was acknowledged before me this 1day of 120�. By d'F=Ia who is personally known to me or produced as identification. ,.; NoUry PW*c • Sub d r-WW2 My m fission e�re 1C01WNN°nExp=AW26 Signature of Notary Public, State of Florida ' �r Page 2 of W::GROWTH MANAGEMENT\TemplateslPlaoning Applications - Procedure FotmTlanning Applicatiom%Admmistmtive Relieidoc 3/2007 ZAMS JOSE L -��-----'-'------ -._~______ / --- � _ 2093 ' -- -- [ �y yIGDror --^--�—�- 63-928*70 / . 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J O o) :co)N N N N -+ W 00 V co N N O Qu OD 0)A A N o) A O O A O o m D W( Z Ut Cn V V N N p (NIt (Nn A A A W o 0 0 OWo D A CT O A A_ AO �D A A A J J W N pp (D (o O O O A W W W N N A" A O 0 cc, O W W (.n Cn J W A A W N O M — (D Ut (O Cn W O N J O O (n D � p N O CYI A O Gh N N N N N W W w W CJ W W W co W A (n O A :+ N A A Q' Ut Ut J V -+ N Cn U1 Cn A A A W 00 do 0 O 90 0 s -+ --� O A A J J co N 00 (o (D O O O (o A W W W N N A N A O O 00 O) p W Cl) U7 Cn J W A A Cl) W N O O (D Cn (0 (P W 0)N V O CDC —' O O N N W Ou J Oo A N N O au CC) m A A N o) A O W A O (D N O D x c o m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0,0 o c � N N p CD O O fy N N N N N W W W W W W W W W W A Cn O A A A 'x p Cn Ut J J N Cn Ul 0 A A A W M o W W M W < —� A A J V W N 00 w (D O O O (D A W W W N N A N A O O 00 'a D W w Cn Cn J W A A W Q) N O O � (4 Cn (D N V 0 d) �,C 0 0 N N --� W W V 00 A N N O C0 OD a)A Cn w o) A N W A 0 O A 0 ICD BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 14, 2007 Division: Growth Management Bulk Item: Yes No X Department: Planning and Env. Resources Staff Contact: Tiffany Stankiewicz, Ralph Gouldy AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for James H. & Donnalee E. Layer on Lot 2, Block 4, Twin Lakes Subdivision, Key Largo, Real Estate Number 00548470.000000. ITEM BACKGROUND: A building permit was applied for on 6/30/2003 and a ROGO application was applied for on 10/9/2003. The applicant applied for administrative relief on 2/5/2007 and is within the allowable time frame to be eligible for administrative relief under Section 9.5-122.2(t) of the Monroe County Code. Staff recommends that administrative relief be awarded in the form of a ROGO allocation. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval in the form of a ROGO allocation. 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 JAMES H. & DONNALEE E. LAYER ON PROPERTY DESCRIBED AS LOT 2, BLOCK 4, TWIN LAKES SUBDIVISION, KEY LARGO, RE # 00548470.000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, James H. & Donnalee E. Layer 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: The application for administrative relief from James H. & Donnalee E. Layer is for Lot 2, Block 4, Twin Lakes Subdivision, Key Largo in Monroe County, Florida having RE# 00548470.000000. 2. The date of the ROGO application is 10/9/2003. 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. Monroe County Code (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 2/5/2007, under Section 9.5- 122.2(f) of the 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 Twin Lakes 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 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. ADMINISTRATIVE RELIEF RE50LUTION Page 1 of 2 LAYER, RE# 00548470.000000 03-3-2937 12. The new Tier System criteria does not effect the Administrative Relief recommendation. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to James H. & Donnalee E. Layer, for Lot 2, Block 4, Twin Lakes Subdivision, Key Largo in the form of one (1) dwelling unit allocation, subject to the following conditions: 1. The timing of the issuance of the permit shall be in accordance with the annual number of residential allocations defined by Policy 101.2.13 of the Monroe County Year 2010 Comprehensive Plan and as required by Section 9.5-122.2(f) of the Monroe County Code. 2. The allocation is subject to the representations made by the applicants made on the Building Permit and ROGO applications. 3. The allocation award shall be taken out of the next quarterly allocation which closes on January 15, 2008 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 14" day of November, 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 IM (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK Mayor Mario Di Gennaro A10NR0£ UN TTORNEY APPRO Q FORM ADMINISTRATIVE RELIEF RESOLUTION Page 2 of 2 LAYER, RE# 00548470.000000 03-3-2937 r.� MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: Monroe County Board of County Commissioners From: Tiffany Stankiewicz, Sr. Planning Technician -T Ralph Gouldy, Sr. Administrator Environmental Resources t Through: Townsley Schwab, Acting Director of Planning & Environmental Resources'7s�. Date: October 23, 2007 Subject: Request for Administrative Relief Lot 2, Block 4, Twin Lakes Subdivision, Key Largo, Real Estate No. 00548470.000000 1 I. BACKGROUND 2 3 The applicant is eligible for Administrative Relief having complied with all requirements of the 4 dwelling unit allocation system and having been considered in at least three (3) of the last four 5 (4) consecutive annual allocation periods and having submitted the application for 6 Administrative Relief no earlier than the third annual allocation period and no later than ninety 7 (90) days following the close of the fourth allocation period. 8 9 Date Entered ROGO: 10/9/2003 10 11 Date Entered Administrative Relief: 2/5/2007 12 13 ROGO Score: 21 14 15 Planning: 14 16 • (+10) infill 17 • (+4) perseverance 18 Building: 6 19 • (-1) Flood Zone AE 20 • (+4 ) Water/Energy Conservation, 21 • (+3) Structural Integrity 22 Environmental: 1 24 • (+1) Group 1 25 II. CURRENT CONDITIONS 26 27 Location: Lot 2, Block 4, Twin Lakes Subdivision, Key Largo, Real Estate No. 28 00548470.000000 Page I of 2 Reviewed by 03-3-2937 Staff Report Layer.doc I Owner: James H. & Donnalee E. Layer Applicant/Agent: G.M. Smith 2 3 Land Use District: Improved Subdivision (IS) FLUM: Residential Medium (RM) 4 5 Tier: III 2007 Taxable Value: $69,363 Purchase Price in 2003: $120,000 6 7 III. LEGAL ELIGIBILITY AND OPTIONS 8 9 Eligibility for Administrative Relief Options: 10 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or 11 the 2010 Comprehensive Plan provide a mechanism whereby an applicant who has not received 12 an allocation award in ROGO may apply to the Board of County Commissioners for 13 Administrative Relief The applicant is eligible for Administrative Relief having complied with 14 all requirements of the dwelling unit allocation system and having been considered in at least 15 three (3) of the last four (4) consecutive annual allocation periods and having submitted the 16 application for Administrative Relief no earlier than the third annual allocation period and no 17 later than ninety (90) days following the close of the fourth allocation period. The applicant has 18 requested administrative relief in the form of a granting of one (1) ROGO allocation and has not 19 expressed a desire to sell the property to the County. 20 21 Relief Options under Administrative Relief: 22 The remedies available to an application for Administrative Relief pursuant to Section 9.5- 23 122.2(f)(6) include issuance of one (1) ROGO allocation award, just compensation by purchase 24 of the property, or such other relief as may be necessary or appropriate. In the event purchase is 25 recommended and the owner refuses the purchase offer the applicant may remain in the 26 ROGO System. 27 28 Evaluation: 29 The subject property does not contain sensitive environmental features or habitat for endangered 30 or threatened species nor is such indicated on the Protected Animal Species Map 2. The Existing 31 Conditions Map, panel 280 denotes the parcel as 740 (disturbed). It therefore does not meet the 32 criteria established under the existing Policy 102.4.2, or Policy 101.6.5 of the Year 2010 33 Comprehensive Plan for the purchase of property under Administrative Relief 34 35 The new Tier System criteria does not change the Administrative Relief recommendation. 36 37 IV. RECOMMENDATION 38 39 It is recommended that the Board of County Commissioners fords that the applicant has met the 40 criteria and qualifies for Administrative Relief. It is further recommended that a Resolution be 41 prepared that establishes this relief awarding one (1) ROGO allocation in the next quarterly 42 ROGO allocation period which closes January 15, 2008, or next available allocation period. Page 2 of 2 Reviewed by—� 03-3-2937 Staff Report Layer.doc -#ML,6 1 1 .1 ' A 1 1 &:rim ■ 0 -r r ■- !-� - .fir ;la- r r • T 1p i ■ �. IN 1 . .�,. •% m M- 0 . 91 i .1 . VrT . W ■ Comn,woner Charles -Sonny" McCoy RESOLUTION NO z 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: 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 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 day of June, 2004. thi o th Mayor Murray Nelson s i a off_ r r ri Mayor Pro Tern David P. Ricers 0 Commissioner Charles "Sonny" McCoy es � oc55, N N ►t Commissioner George Neugent +es c' �� C . Commissioner Dixie Spehar ;e-,D � 2 (SEAL') s ^ P1.3 c; BOARD OF COUNTY COMMISSIONERS OF Attest- Danny L laage, Clerk MONROE C TNTY, � l <:�B FLORIDA E Bv: Dep Clerk WIONROE COUNTY ATTORNEY MAYOR �APP�TQ FORM: RM: QO= JOHN R. COLLINS COUNTY ATTORNEY FOR DEPARTMENT ONLY L Date of filing with the Planning Director APPLICATION FOR ADMINISTRATIVE RELIEF Administrative Relieffee: S760.00 Applicant is: G Owner XXXAuthorized Representative Applicant's Name: Gay Marie Smith Applicant's mailing address: PO Box 1638, TavPrniPr, FT. 33070 Owner's name (if applicant is not owner): 10427 SW 49 Place, Cooper Owner's address: James Layer City, FL 33328 Phone: Fax: (Please attach a statement authorizing representation of this application by someone other than yourself. The statement should read: "I, (owner's name) authorize (individual you are authorizing to represent you) to represent my property for this application for Administrative Relief' RE# 00548470 000000 Legal description (attach metes and bounds description if necessary): Lot 2, Block 4 of Twin Lakes Permit#: 03-3-2937 Date of most recent ROGO application: 1 0 / 9 / 0 3 What kind of administrative relief are you seeking? The propety owner has been in the ROGO system since 10/9/03 and will be fou years on 10/9/07. The property owner is requesting at that time the County issues his permit due to due diligence in the system Additional Comments: NOTARY: STATE OF FLORIDA COUNTY OFF Applicant's Signature The foregoing signature was acknowledged before me this day of i.ti 2(0 B who is ersonall�known o me or produced as ide tiff tion. My ommission expires: -<(j 811EfAME A WA WNVAt� Sig ature of Notary Public, State of 1' �nanit000lf7S11T . i = d 'age 2 H)f►0E 972=10 W.�Plamm.g\Working P151 Ps+:c+.AVi�olePlammng ApphcadonsfAdmmistra veRehefdoc 1 i ftrida Notary Assn.. tnc JAMES LAYER 10427 SW 49 PLACE COOPER CITY, FL 33328 Monroe County Planning Dept. 88800 Overseas Highway Plantation Key, FL 33070 RE: Permit #03-3-2937 To Whom It May Concern: I, James Layer, am the owner of the property for which the above mentioned permit has been applied for. I authorize Gay Marie Smith to represent my property for this application for Administrative Relief. Thank you and please feel free to contact me if there is anything else you require. Sincerely, James Layer Signed and sealed before me this 28 day of -�"% 2006 appeared James Layer who is personally known to me or has produced as identification. Notary Public Signature My Commission Expires: Carol P. Hawkins A.'- Commission #DD234429 =*:•= Expires: Aug 25, 2007 Bonded T6ru °F`` Atlantic Bonding Co., Inc. Property Information for 1671959 Page 1 of 2 Home Departments Exemptions Online Data Center Forms I ch 1. >nu" 1 1:38.x V Contact the MCPA office. t'ndcr Florida la,,. c-ntaii addrese, are pahhc records 11'cou do nut ,rant ,out c-mail address relca5cd n, rcaponw to 3f puhhc reaud: ic,pic,i, do not xend clectwmc ,mil to 11ti, cnuh In,tead. contact thi, ollicc h, phone or In „ntm,^_. IS o6s: h0-,0 11110,`I.. _t.. . i 1'1_ `'j � . +� : ONLINE DATA CENTER PROPERTY INFORMATION FOR: Alternate Key: 1671959 RE Number: 00548470-000000 Print Search Again Ask Question about this Parcel t t wpul ty Lcta113 OWNER OF RECORD 1,AYGR.IAMIS II & DONNALL'L I? 10427 S W 49111 PL COOPFR CITY I:I, 33328 PHYSICAL LOCATION KF,Y LARGO LEGAL DESCRIPTION BK 4 Ll' 2 TWIN LAKES PI33-16O KEY LARGO OR 162-283- 284 OR383-1069/70Q OR 1268-131 O(J B) OR 1853-2455/56(("fT) SUBDIVISION: TWIN LAKES SECTION, TOWNSHIP, RANGE 14-61 -39 MILLAGE GROUP 500K Estimate Taxes PC CODE 0000 - VACANT RESIDENTIAL RECORDSSEARCH PROPERTY MAP It Jq 550731 548330 548460 1 %8640 ,� 548650�y 548340� 549470 548350 548480 ; Cr 548W p - -- '---� S48670 548360 �) 5484904 F� - - l W370 548500 j Map Size None Small * Medium Large Lana uetaiis LAND USE CODE FRONTAGE DEPTH LAND AREA MIN - RF.SIDFN1 1A1- CANAL 75 130 9.750.00 Si" tviisceuaneous improvements NBR IMPR TYPE # UNITS TYPE LENGTH WIDTH YEAR BUILT ROLL YEAR GRADE LIFE I I-N2:FEN'CGS 600 Sl� 100 6 1992 1993 2 30 Parcel Value History TAX ROLL YEAR BUILDING MISCELLANEOUS LAND JUST EXEMPTIONS (NOT TAXABLE IMPROVEMENTS INCLUDING SENIORS) http://www.mepafl.org/datacenter/search/record.asp 2/ l /2007 Property Information for 1671959 Page 2 of 2 2006 H47 4it75 45,072 0 It_-%tji2 2005 0 1.260 43,875 45.135 0 45.135 2004 0 1323 43,875 45,198 0 45,198 2003 0 1.407 133,453 134.860 0 134,860 2002 0 1,470 67,641 69_ 11 1 0 69,1 11 2001 0 1,533 36,563 38,096 0 38,096 2000 0 601 43,875 44,476 - 0 44,476 1999 0 624 48,750 49,374 0 49374 1998 0 647 48,750 49.397 0 49.397 1997 0 679 48,750 49.429 0 49,429 1996 0 702 48.750 49,452 0 49,452 1995 0 725 48,750 49.475 0 49,475 1994 0 757 48,750 49,507 0 49,507 1993 0 0 33,735 33.735 0 33,735 1992 0 0 33,735 33,735 0 33.735 1991 0 0 39,000 39,000 0 39.000 19" 0 0 31.688 31.688 0 31,688 1989 0 0 31,688 31,688 0 31.688 1988 0 0 31,688 31,688 0 31.688 1987 0 0 34.125 34.125 0 34,125 1986 0 0 34,125 34,125 0 34.125 198-S 0 0 31,688 31,688 0 31.688 1984 0 0 31.688 31.688 0 31,688 1983 0 0 20,136 20,136 0 20,136 1982 0 0 20.136 20,136 0 20,136 IF n RECENT SALF DOES INSTRUMENT WD WD View Tax Collector Record This page has been visited 375 times. http://www.mcpafl.org/datacenter/search/record.asp 2/ l /2007 Page 1 of 1 RECEIPT # : 95609 RECEIPT DATE : 02/05/2007 RECEIVED BY harberta REC'D. FROM LAYER, JAMES UDF 106.1 UDF 106.2 NOTES : FOR ADMIN. RELIEF MONROE COUNTY ***LIVE*** MISCELLANEOUS RECEIPT PRINT DATE : 02/05/2007 PRINT TIME : 08:58:16 OPERATOR : harberta COPY # : 1 CASH DRAWER: 2 FEE ID AMOUNT THIS RCPT BALANCE --------------------------------- ZONINO-032 760.00 760.00 0.00 TOTALS: 760.00 760.00 0.00 P' "HOD OF PAYMENT AMOUNT NUMBER ---------------------------- ------------------ CHECK 760.00 6525 TOTAL RECEIPT 760.00 6525 JAMES H. LAYER 6s-8017/2670 DONNALEE E. LAYER o o % ea�+c"'° 10427 S.W. 49TH PL. — Data (22 COOPER CITY, FL 33328-4040 pay to the { x Order of �� p dollars ' 00aal► EASTERN FINANCIAL Florida Credit Uefon Qualitg ServCu ctnru 9k*d N r for u■ 6 5 2 5 1:2670a0 ?1;503005 �4�5 County of Monroe Growth Management Division Plannine Department i 88800 Overseas Highway U;- r, Tavernier, Florida 33070 'I Voice (305) 852-7100 ' FAX: (305) 852-7103 •t wj ff We strive to be caring, professional and fair Dear Applicant: Board of Countv Commissioners Mayor Charles McCoy, Dist. 3 Mayor Pro Tern Dixie Spehar, Dist George Neugent, Dist. 2 Mario Di Gennaro, Dist. 4 Glenn Patton, Dist. 5 Date: Time: This is to acknowledge submittal of your application for Type of application to the Monroe County Planning Department. Project / Name We are unable at this time to issue a receipt of your application, as it will take our staff two working days to determine that all required materials related to your application have been submitted. All applications received after 12:00 Noon will be considered as submitted the following working day. Also, as required by Monroe County Code, planning staff will review your application after acceptance, to deem it complete within an additional fifteen working days. Thank you. Planning Staff W:AGROWTH MANAGEMENT\Templates\Planning Applications - Procedure Form\Application Acceptance Procedure Form\Application Acceptance Procedures - PK office.doc BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 14, 2007 Division: Growth Management Bulk Item: Yes _ No X Department: Planning and Env. Resources Staff Contact: Tiffany Stankiewicz, Ralph Gouldy AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for Jim Lawrence Jr. on Lot 6, Block 2, Tavernier Ocean Shores Subdivision, Key Largo, Real Estate Number 00482780.000000. ITEM BACKGROUND: A building permit was applied for on 6/17/2003 and a ROGO application was applied for on 9/4/2003. The applicant applied for administrative relief on 1/25/2007 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 awarded in the form of a ROGO allocation. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval in the form of a ROGO allocation. 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 JIM LAWRENCE JR. ON PROPERTY DESCRIBED AS LOT 6, BLOCK 2, TAVERNIER OCEAN SHORES SUBDIVISION, KEY LARGO, RE # 00482780.000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Jim Lawrence Jr. 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: The application for administrative relief from Jim Lawrence Jr. is for Lot 6, Block 2, Tavernier Ocean Shores Subdivision, Key Largo in Monroe County, Florida having RE# 00482780.000000. 2. The date of the ROGO application is 9/4/2003. 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. Monroe County Code (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. The Board of County Commissioners (BOCC) has the authority to grant administrative relief under Section 9.5-122.2(i)(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 1/25/2007, under Section 9.5- 122.2(f) of the 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. 8. The subject property has the land use district designation of Improved Subdivision (IS), is located in the Tavernier Ocean Shores 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 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. ADMINISTRATIVE RELIEF RESOLUTION Page I of 2 LAWRENCE, RE# 00482780.000000 03-3-2750 12. The new Tier System criteria does not effect the Administrative Relief recommendation. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to Jim Lawrence Jr., for Lot 6, Block 2, Tavernier Ocean Shores Subdivision, Key Largo in the form of one (1) dwelling unit allocation, subject to the following conditions: 1. The timing of the issuance of the permit shall be in accordance with the annual number of residential allocations defined by Policy 101.2.13 of the Monroe County Year 2010 Comprehensive Plan and as required by Section 9.5-122.2(f) of the Monroe County Code. 2. The allocation is subject to the representations made by the applicants made on the Building Permit and ROGO applications. 3. The allocation award shall be taken out of the next quarterly allocation which closes on January 15, 2008 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 14'' day of November, 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 Im (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK Mayor Mario Di Gennaro MONROE COUNTY ATTORNEY f APPR EO A?�M FORM ADMINISTRATIVE RELIEF RESOLUTION Page 2 of 2 LAWRENCE, RE# 00482780.000000 03-3-2750 :TF r ;F MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: Monroe County Board of County Commissioners From: Tiffany Stankiewicz, Sr. Planning Technician Ralph Gouldy, Sr. Administrator Environmental esources Through: Townsley Schwab, Acting Director of Planning & Environmental Resources Date: October 23, 2007 Subject: Request for Administrative Relief Lot 6, Block 2, Tavernier Ocean Shores Subdivision, Key Largo, Real Estate No. 00482780.000000 1 1. BACKGROUND 2 3 The applicant is eligible for Administrative Relief having complied with all requirements of the 4 dwelling unit allocation system and having been considered in at least three (3) of the last four 5 (4) consecutive annual allocation periods and having submitted the application for 6 Administrative Relief no earlier than the third annual allocation period and no later than ninety 7 (90) days following the close of the fourth allocation period. 8 9 Date Entered ROGO: 9/4/2003 10 11 Date Entered Administrative Relief: 1/25/2007 12 13 ROGO Score: 21 14 15 Planning: 14 16 • (+10) infill 17 • (+4) perseverance 18 Building: 6 19 • (-1) Flood Zone AE 20 • (+4 ) Water/Energy Conservation, 21 • (+3) Structural Integrity 22 Environmental: 1 • (+1) Group 1 24 25 I1. CURRENT CONDITIONS 26 27 Location: Lot 6, Block 2, Tavernier Ocean Shores Subdivision, Key Largo, Real Estate No. 28 00482780.000000 Page 1 of 2 Reviewed by 03-3-2750 Staff Report Lawrence.doc 1 2 Owner: Jim Lawrence Jr. Applicant/Agent: N/A 3 4 Land Use District: Improved Subdivision (IS) FLUM: Residential Medium (RM) 5 6 Tier: lII 2007 Taxable Value: $49,343 Purchase Price in 2001: $55,000 7 8 III. LEGAL ELIGIBILITY AND OPTIONS 9 10 Eligibility for Administrative Relief Options: 11 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or 12 the 2010 Comprehensive Plan provide a mechanism whereby an applicant who has not received 13 an allocation award in ROGO may apply to the Board of County Commissioners for 14 Administrative Relief The applicant is eligible for Administrative Relief having complied with 15 all requirements of the dwelling unit allocation system and having been considered in at least 16 three (3) of the last four (4) consecutive annual allocation periods and having submitted the 17 application for Administrative Relief no earlier than the third annual allocation period and no 18 later than ninety (90) days following the close of the fourth allocation period. The applicant has 19 requested administrative relief in the form of a granting of one (1) ROGO allocation and has not 20 expressed a desire to sell the property to the County. 21 22 Relief Options under Administrative Relief: 23 The remedies available to an application for Administrative Relief pursuant to Section 9.5- 24 122.2(0(6) include issuance of one (1) ROGO allocation award, just compensation by purchase 25 of the property, or such other relief as may be necessary or appropriate. In the event purchase is 26 recommended and the owner refuses the purchase offer the applicant may remain in the 27 ROGO System. 28 29 Evaluation: 30 The subject property does not contain sensitive environmental features or habitat for endangered 31 or threatened species nor is such indicated on the Protected Animal Species Map 2. The Existing 32 Conditions Map, panel 257 denotes the parcel as 740 (disturbed). It therefore does not meet the 33 criteria established under the existing Policy 102.4.2, or Policy 101.6.5 of the Year 2010 34 Comprehensive Plan for the purchase of property under Administrative Relief. 35 36 The new Tier System criteria does not change the Administrative Relief recommendation. 37 38 IV. RECOMMENDATION 39 40 It is recommended that the Board of County Commissioners fords that the applicant has met the 41 criteria and qualifies for Administrative Relief. It is further recommended that a Resolution be 42 prepared that establishes this relief awarding one (1) ROGO allocation in the next quarterly 43 ROGO allocation period which closes January 15, 2008, or next available allocation period. 44 45 Page 2 of 2 Reviewed by 03-3-2750 Staff Report Lawrence.doc f F•• � L • �' � _- . • ICI i 4W.' 1 Commissioner Cures 'Sonny' McCoy RESOLUTION NW 23 -2004 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DIRECTING MONROE COUNTY'S GROWTH MANAGEMENT DMSION 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 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 Land Authority for recommended purchase. PASSED AND ADOPT-ED by the Board of County Commissioners day of June, 2004. of Monroe Cou thi o th Mayor Murray Nelson__,, s Mayor Mayor Pro Tem David P. Rice a r' . . CM Commissioner Charles "Sonny' McCoys Commissioner George Neugent o h N z '?I yes Commissioner Dixie Spehar <.-Z t 4 Mt� ;91 (SEAL) > s r o BOARD OF CO Attest: Danny L_ large, Clerk 17NTY COMMISSIONERS OF twit MONROE C TY, FLORIDA B: C ?44d�� Bv: e��41-V Dep Clerk MONROE COUNTY ATTORNEY !K YOR APP1jOV� AS TO FORM: Q o --IzL- JOHN R. COLUNS 0� COUNTYloATTORNEY FOR DEPARTMENT ONLY li Date of filing with the Planning f APPLICATION FOR Director ADMINISTRATIVE RELIEF Administrative Relief fee: $760.00 Applicant is: R4ner ❑ Authorized Representative Applicant's Name: X Li � � Applicant's mailing address: Owner's name (if applicant is not owner): 5Q �- ��3 Owner's address: Jo, M(L Phone:? —�$49 `i aX; _ a ,nnfu._ t �/ (Please attach a statement authorizing representation of this application by someone other than yourself. The statement should read: 1, (owner's name) authorize (individual you are authorizing to represent you) to represent my property for this application for Administrative Relief' RE# Legal description (attach metes and bounds description if necessary): 1�-2. 1 -VC,0 `F6V e/Av, mil Permit #: 4 7�) Date of most recent ROGO application: U, O + (4co What kind of administrative relief are you seeking? Ve. 4 n\ A" -f ot/ A 0(n -e— Additional Comments: NOTARY: STATE OF FLORIDA COUNTY OF r1 L-) r) (ot Si The foregoing signature was acknowledged before me this2LA day of j_A\_6 L ��20 V� y � B —who i ersonally known o me or produced as identification. i My commission ex GLOW GUM TA {{ WY �ISS04 I ao 22W EJ[1 WS: kowntw 1$, W Signature of Notary Public, State of Florida Page 2 of 2 W_AGROWTH ry ANAGEMENT\Teniplates\Planning Applications - Procedure ForrnTlanning Applications\Administrative Relief doc 11105 APPLICATION FOR ADMINISTRATIVE RELIEF Requirements for Administrative Relief: (1) If an applicant for an allocation award: a. Who has complied with all requirement of the Permit Allocation System; and b. Whose allocation application has not been withdrawn; and C. Whose proposed development otherwise meets all applicable county, state, and federal regulations; and d. Whose application has been denied an allocation award for four successive years in the Permit Allocation System, and fails to receive an allocation award, said applicant may apply to the board for administrative relief pursuant to the terms and conditions set forth herein. (2) An application for administrative relief shall be made on a form prescribed by the Director of Planning and may be filed with the Director of Planning no earlier than the conclusion of the third annual allocation period and no later than ninety (90) days following the close of the fourth annual allocation period. (3) Upon filing of an application for administrative relief, the Director of Planning shall forward to the board all relevant files and records relating to the subject applications. Failure to file an application shall constitute a waiver of any rights under this section to assert that the subject property has been taken by the county without payment of just compensation as a result of the dwelling unit allocation system. (4) Upon receipt of an application for administrative relief, the board shall notice and hold a public hearing at which the applicant will be given an opportunity to be heard. (5) The board may review the relevant applications and applicable evaluation ranking, taking testimony from county staff and others as may be necessary and hear testimony and review documentary evidence submitted by the applicant. (6) At the conclusion of the public hearing, the board may take the following actions: a. Offer to purchase the property at fair market value. "Fair market value" shall be an amount which is no less than ad valorem valuation in the Monroe County Real Property Tax roll for the year 1992. b. Permit the minimum reasonable economic use of the property. "Minimum reasonable economic use" means; as applied to any residentially zoned lot of record, which was buildable immediately prior to the effective date of the Plan, no less than a single- family residence. C. Suggest such other relief as may be necessary and appropriate. Page I of2 W GROWTH MANAGEMEN-PTemplatesTlanning Applications - Procedure FormTlanning Applications\Admimstratrve Relief doc 11,05 age 1 of 1 RECEIPT # : 95283 RECEIPT DATE 01/25/2007 MONROE COUNTY ***LIVE*** MISCELLANEOUS RECEIPT RECEIVED BY harberta REC'D. FROM J & B MARINE REPAIRS UDF 106.1 UDF 106.2 NOTES : JIM LAWRENCE JR ADMIN. RELIEF PRINT DATE 01/25/2007 PRINT TIME 14:42:54 OPERATOR harberta COPY # 1 CASH DRAWER: 2 AMOUNT THIS RCPT BALANCE - FEE ID -------- --------- 0.00 ----- 760.00 760.00 ________ ZONING-032 0.00 760.00 760.00 TOTALS: NUMBER AMOUNT ____-- METHOD OF PAYMENT ------------ ------------ ----------------- 760.00 9621 CHECK TOTAL RECEIPT 760.00 9621 J. & B. MARINE REPAIRS P-O B� 802 RNIER, FL 33070 83-4 DATE - PAY f. l,.y- TO THE ti ORDER 00 (� ( N� D R S #L n ►_ n, rY f /4 A BANK OF AM ERICA, N.A. 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M a 0 I� 43 a ma a Q.j o o 'a CD iiN W 0 0 0 0 � a no 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (a 0 iC fJ (J fJ fJ �e N y O (O to OO 00 A w () j y <<<< h o o a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O M W m D Z IV N N N W w W w w W W w w cn (), U) 0 CT (T W O A A A A (D (p N N (D co A A O) O O) (D cD (D c0 Co Qu Co W ao O Oo W G7 (D to (O W �(p O m o OO WA WA CNT (NTCNt QJu 0J0 wV pO OO OO O O a O o N A cn A W 0 a O a M " N (DO O N (O (D N --A V w Wwwww(hU)m (p O ;- �! (T A lO C" O N A 2. 0 0 0 0 ,gym H N W y O (O N O _ M v N N N N w w w w w W W W w cn (T Cn Ln Cn U) w m A A A A n' C.J N N (O (D A A d7 O w (O (O (D (D w w au w W Ou 00 W O) CD (O (O < O d) w O O W W CTi (n V J V V a O O O a O m Cn N (11 (O M O O N N (D (O N) N N N V V J J w W W W W w Ut (T) 00 A N 00 (p � m C o 3 O O O O O O O O O O O O O O O O O o O O O 0 o O o O 1 N � -th. N N p O O v O N Cl) N N N N W W w W W W W W W CJ7 CT C7) Ut (T (h W O) A A A A x O N N cO cD A A O O w cD cO cD cO au W Co N w Oo au W O O O O < w W O O A A N N N Ou Co Oo ao O O O O O O O N A (n A W 'D O O N N (D CD N N N V J J V w W W W w W M U 00 A N 00 (p BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 14, 2007 Division: Growth Management Bulk Item: Yes _ No X Department: Planning and Env. Resources Staff Contact: Tiffany Stankiewicz, Ralph Gouldy AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for Angel J. Martin & Isalia Gil -Martin on Lot 10, Twin Lakes 1st Addition Subdivision, Key Largo, Real Estate Number 00550850.000000. ITEM BACKGROUND: A building permit was applied for on 5/27/2003 and a ROGO application was applied for on 10/14/2003. The applicant applied for administrative relief on 1/23/2007 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 awarded in the form of a ROGO allocation. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval in the form of a ROGO allocation. 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 ANGEL J. MARTIN & ISALIA GEL -MARTIN ON PROPERTY DESCRIBED AS LOT 10, TWIN LAKES 1ST ADDITION SUBDIVISION, KEY LARGO, RE # 00550850.000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Angel J. Martin & Isalia Gil -Martin 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: The application for administrative relief from Angel J. Martin & Isalia Gil - Martin is for Lot 10, Twin Lakes 1st Addition Subdivision, Key Largo in Monroe County, Florida having RE# 00550850.000000. 2. The date of the ROGO application is 10/14/2003. 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. Monroe County Code (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 1/23/2007, under Section 9.5- 122.2(f) of the MCC and Policy 101.6.1 of the 2010 Comprehensive Plan. 7. Policy 101.6.5 of the 2010 Comprehensive Plan provides criteria to be used for determining lands that are appropriate for acquisition and the criteria includes the environmental sensitivity of the vegetative habitat on the lot. 8. The subject property has the land use district designation of Improved Subdivision (IS), is located in the Twin Lakes 1st Addition 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 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. ADMINISTRATIVE RELIEF RESOLUTION Page 1 of 2 MARTIN, RE# 00550850.000000 03-3-2336 0 12. The new Tier System criteria does not effect the Administrative Relief recommendation. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to Angel J. Martin & Isalia Gil -Martin, for Lot 10, Twin Lakes 1st Addition Subdivision, Key Largo in the form of one (1) dwelling unit allocation, subject to the following conditions: 1. The timing of the issuance of the permit shall be in accordance with the annual number of residential allocations defined by Policy 101.2.13 of the Monroe County Year 2010 Comprehensive Plan and as required by Section 9.5-122.2(o of the Monroe County Code. 2. The allocation is subject to the representations made by the applicants made on the Building Permit and ROGO applications. 3. The allocation award shall be taken out of the next quarterly allocation which closes on January 15, 2008 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 148' day of November, 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. KOLI AGE, CLERK DEPUTY CLERK MONROE COUNTY A ORNEY APPROV.E.p AST FORM ADMINISTRATIVE RELIEF RESOLUTION Page 2 of 2 MARTIN, RE# 00550850.000000 03-3-2336 .y MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: Monroe County Board of County Commissioners From: Tiffany Stankiewicz, Sr. Planning Technician /f� Ralph Gouldy, Sr. Administrator Environments Resources Through: Townsley Schwab, Acting Director of Planning & Environmental Resourc� Date: October 23, 2007 Subject: Request for Administrative Relief Lot 10, Twin Lakes 1 st Addition Subdivision, Key Largo Real Estate No. 00550850.000000 1 I. BACKGROUND 2 3 The applicant is eligible for Administrative Relief having complied with all requirements of the 4 dwelling unit allocation system and having been considered in at least three (3) of the last four 5 (4) consecutive annual allocation periods and having submitted the application for 6 Administrative Relief no earlier than the third annual allocation period and no later than ninety 7 (90) days following the close of the fourth allocation period. 8 9 Date Entered ROGO: 10/14/2003 10 11 Date Entered Administrative Relief. 1/23/2007 12 13 ROGO Score: 21 14 15 Planning: 14 16 . (+10) infill 17 . (+4) perseverance 18 Building: 6 19 • (-1) Flood Zone AE 20 • (+4) Water/Energy Conservation, 21 • (+3) Structural Integrity 22 Environmental: 1 23 • (+1) Group 1 24 25 II. CURRENT CONDITIONS 26 27 Location: Lot 10, Twin Lakes 1st Addition Subdivision, Key Largo, Real Estate No. 28 00550850.000000 Page 1 of 2 Reviewed by 03-3-2336 Staff Report Martin.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 Owner: Angel J. Martin & Isalia Gil -Martin Land Use District: Improved Subdivision (IS) Tier: III 2007 Taxable Value: $82,500 III. LEGAL ELIGIBILITY AND OPTIONS Applicant/Agent: G.M. Smith FLUM: Residential Medium (RM) Purchase Price in 1999: $38,500 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 provide 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 to 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: The subject property does not contain sensitive environmental features or habitat for endangered or threatened species nor is such indicated on the Protected Animal Species Map 2. The Existing Conditions Map, panel 280 denotes the parcel as 740 (disturbed). It therefore does not meet the criteria established under the existing Policy 102.4.2, or Policy 101.6.5 of the Year 2010 Comprehensive Plan for the purchase of property under Administrative Relief. The new Tier System criteria does not change the Administrative Relief recommendation. IV. RECOMMENDATION It is recommended that the Board of County Commissioners fmds 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 January 15, 2008, or next available allocation period. Page 2 of 2 Reviewed by 03-3-2336 Staff Report Martin.doc ■ - C lmm��MI&Nmllllm rom ■ COMMissiona Charles "Sonny' McCoy RESOLUTION NO?23 -2004 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INIONROE COUNTY, FLORIDA, DIRECTING MONROE COUNTV'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 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 Land Authority for recommended purchase. PASSED AND ADOPTED by the Board day of June, 2004. of County Commissioners of Monroe County thi a th Mayor Murray Nelsons _ o o �,. !p 'h Mayor Pro Tern David P. Ricers v Commissioner Charles "Sonny" McCoys o C-) 't Commissioner George Neugent yes Commissioner Dixie Spehar ;c-4= �t Attest y ) rri BOARD OF COUNTY COMtipSSIONERS CD(SEAL) DannY J large, Clerk MONROE C OF TY, FLORIDA B E Dep Clerk By:__ MONROE COUNTY ATTORNEY YOR— APPOV AS TO FORM: Q0 -__� T JOHN R. COLLINS O� COUNTYl l ATTORNEY Qet•_ 3 I 0 Cra:i�r- FOR DEPARTMENT ONLY 1 i Date of filing with the Planning r Director APPLICATION FOR ADMINISTRATIVE RELIEF Administrative Relief fee: $760.00 Applicant is: ❑ Owner XXAuthorized Representative Applicant's Name: Gay Marie Smith Applicant's mailing address: PO Box 1638, Tavernier, FL 33070 Owner's name (if applicant is not owner): Angel Martin FL 33173 Owner's address991 0 SW 73 Street, Miami Phone: Fax: (Please attach a statement authorizing representation of this application by someone other than yourself. The statement should read: 1, (owner's name) authorize (individual you are authorizing to represent you) to represent my property for this application for Administrative Relief' RE# 00550850 000000 Legal description (attach metes and bounds description if necessary) Permit#: 03-3-2336 Date of most recent ROGO application: 1 0 / 1 4 / 0 3 Lot 10 of Twin Lakes What kind of administrative relief are you seeking? The property owner has an application in the ROGO system for three years and will be four on 10/14/07 He wishes to apply for Adminstrative Relief for which the count will issue his permit at the end of the period. Additional Comments: NOTARY: STATE OF FLORIDA(� COUNTY OF ` + bZ-AA)'r, Applicant's Signature The foregoing signature was acknowledged before me this day of 2V who is e onall kno me or produced as AntiAcation. My OOI11r111SSlOn expires: L - C.��u s � SnFANI E A. WMALEN V✓� pppm", Signature of Notary Public, State of Fljf ex asm 0 �;��e 2 Aida Notary /1spt., r,c W\GROWTH MANAGEMEN'hTemplates\Pllning kppktta�.io}���rp7p�{errr�S.AQplit6tiuns\Administrative Relief doc ANGEL MARTIN 9910 SW 73 STREET MIAMI, FL 33173 Monroe County Planning Dept. 88800 Overseas Highway Plantation Key, FL 33070 RE: Permit #03-3-2336 To Whom It May Concern: I, Angel Martin, am the owner of the property for which the above mentioned permit has been applied for. I authorize Gay Marie Smith to represent my property for this application for Administrative Relief. Thank you and please feel free to contact me if there is anything else you require. Sincerely, Angel Martin Signed and sealed before me this l'Ft4�' day of:TOMACM 200�7 appeared Angel Martin who is personally known to me oi'ias produced as identification. a/&-, rBoInded ommis Qp��es Notary Public Signature � VIVIAN J. TUR IEN Public, State of Florida Notary MyComm. Expires Fiuq. 20, 2010No_DD5698Q7 thrn Arthur J. Gallagher & Co. ?age 1 of 1 RECEIPT # 95161 RECEIPT DATE : 01/23/2007 MONROE COUNTY ***LIVE*** MISCELLANEOUS RECEIPT PRINT DATE 01/23/2007 PRINT TIME 14:50:56 OPERATOR harberta COPY # : 1 RECEIVED BY harberta CASH DRAWER: 2 REC'D. FROM ISALIA GIL-MARTIN UDF 106.1 UDF 106.2 NOTES : FOR APPLICATION FOR ADMIN. RELIEF FEE ID AMOUNT THIS RCPT BALANCE ------------------------- ZONING-032 760.00 760.00 0.00 TOTALS: 760 00 760.00 0.00 MF TOD OF PAYMENT AMOUNT NUMBER -- ------------- ------------ -------------- CHECK 760.00 1280 TOTAL RECEIPT 760.00 ISALIA GIL-MARTIN 1 280 ANGEL J MARTIN 63-64N670 9910 SW 73rd Street BRANCH 00543 Miami, f L 33173 Date Paytothe Order f Dollars r; WACHOVIA Wachovia Bank. N.A. wachov� For 2 r L r l/• nm I:OE,?00643 2i: 10 l0 L 2?880 299iin 12,30 County of Monroe Growth Management Division Plannine Department 88800 Overseas Highway Tavernier, Florida 33070 Voice (305) 852-7100 FAX: (305) 852-7103 We strive to be caring, professional and fair Dear Applicant: Board of County Commissioners Mayor Charles McCoy, Dist. 3 Mayor Pro Tern Dixie Spehar, Dist. I George Neugent, Dist. 2 Mario Di Gennaro, Dist. 4 Glenn Patton, Dist. 5 Date: G t` Time:��Q This is to acknowledge submittal of your application for 10,c�h`o1� - , !-#h'n-kl- �e-l' Type of application (may � into the Monroe County Planning Department. Project / Name U J We are unable at this time to issue a receipt of your application, as it will take our staff two working days to determine that all required materials related to your application have been submitted. All applications received after 12:00 Noon will be considered as submitted the following working day. Also, as required by Monroe County Code, planning staff will review your application after acceptance, to deem it complete within an additional fifteen working days. Thank you. Planning Staff W:\GROWTH MANAGEMENT\Templates\Planning Applications - Procedure Form\Application Acceptance Procedure ` `` Form\Application Acceptance Procedures - PK office.doc BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 14 2007 Division: Growth Management Bulk Item: Yes No X Department: Planning and Env. Resources Staff Contact: Tiffany Stankiewicz, Ralph Gouldy AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for Belen Babun Presas Trustee (Belen Babun Rev Liv Tr 3/26/03) on Lot 14, Block 14, Key Largo Ocean Shores Addition Subdivision, Key Largo, Real Estate Number 00500800.000000. ITEM BACKGROUND: A building permit was applied for on 2/28/2003 and a ROGO application was applied for on 4/10/2003. The applicant applied for administrative relief on 7/2/2007 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 awarded in the form of a ROGO allocation. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval in the form of a ROGO allocation. 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 BELEN BABUN PRESAS TRUSTEE (BELEN BABUN REV LIV TR 3/26/03) ON PROPERTY DESCRIBED AS LOT 14, BLOCK 14, KEY LARGO OCEAN SHORES ADDITION SUBDIVISION, KEY LARGO, RE # 00500800.000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Belen Babun Presas Trustee (Belen Babun Rev Liv Tr 3/26/03) 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: The application for administrative relief from Belen Babun Presas Trustee (Belen Babun Rev Liv Tr 3/26/03) is for Lot 14, Block 14, Key Largo Ocean Shores Addition Subdivision, Key Largo in Monroe County, Florida having RE# 00500800.000000. 2. The date of the ROGO application is 4/10/2003. 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. Monroe County Code (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 7/2/2007, under Section 9.5- 122.2(f) of the MCC and Policy 101.6.1 of the 2010 Comprehensive Plan. 7. Policy 101.6.5 of the 2010 Comprehensive Plan provides criteria to be used for determining lands that are appropriate for acquisition and the criteria includes the environmental sensitivity of the vegetative habitat on the lot. 8. The subject property has the land use district designation of Improved Subdivision (IS), is located in the Key Largo Ocean Shores Addition Subdivision 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 not in an area of indigenous hammock or pinelands. ADMINISTRATIVE RELIEF RESOLUTION Page 1 of 2 PRESAS, RE# 00500800.000000 03-3-0814 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 new Tier System criteria does not effect the Administrative Relief recommendation. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to Belen Babun Presas Trustee (Belen Babun Rev Liv Tr 3/26/03), for Key Largo Ocean Shores Addition Subdivision, Key Largo in the form of one (1) dwelling unit allocation, subject to the following conditions: 1. The timing of the issuance of the permit shall be in accordance with the annual number of residential allocations defined by Policy 101.2.13 of the Monroe County Year 2010 Comprehensive Plan and as required by Section 9.5-122.2(f) of the Monroe County Code. 2. The allocation is subject to the representations made by the applicants made on the Building Permit and ROGO applications. 3. The allocation award shall be taken out of the next quarterly allocation which closes on January 15, 2008 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 14'h day of November, 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 IM (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK Mayor Mario Di Gennaro MON @ COUNTY ATTORNEY A VED 8?O FORM ADMINISTRATIVE RELIEF RESOLUTION Page 2 of 2 PREsAs, RE# 00500800.000000 03-3-0814 a� MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: Monroe County Board of County Commissioners From: Tiffany Stankiewicz, Sr. Planning Technician .-/-T Ral h Gouldy, Sr. Administrator Environmental resources Through: Townsley Schwab, Acting Director of Planning & Environmental Resources Date: October 23, 2007 Subject: Request for Administrative Relief Lot 14, Block 14, Key Largo Ocean Shores Addition Subdivision, Key Largo, Real Estate No. 00500800.000000 1 I. BACKGROUND 2 3 The applicant is eligible for Administrative Relief having complied with all requirements of the 4 dwelling unit allocation system and having been considered in at least three (3) of the last four 5 (4) consecutive annual allocation periods and having submitted the application for 6 Administrative Relief no earlier than the third annual allocation period and no later than ninety 7 (90) days following the close of the fourth allocation period. 8 9 Date Entered ROGO: 4/10/2003 10 11 Date Entered Administrative Relief: 7/02/07 12 13 ROGO Score: 21 14 15 Planning: 14 16 • (+10) infill 17 (+4) perseverance 18 Building: 6 19 • (-1) Flood Zone AE 20 • (+4) Water/Energy Conservation, 21 * (+3) Structural Integrity 22 Environmental: 1 23 • (+1) Group 1 24 25 II. CURRENT CONDITIONS 26 27 Location: Lot 14, Block 14, Key Largo Ocean Shores Addition Subdivision, Key Largo, 28 Real Estate No. 00500800.000000 Page 1 of 2 Reviewed by7�b— 03-3-0814 Pre sasStaffR eport. doc 1 3 Owner: Belen Babun Presas Trustee (Belen Babun Rev Liv Tr 3/26/03) 4 Applicant/Agent: N/A 5 6 Land Use District: Improved Subdivision (IS) FLUM: Residential Medium (RM) 7 8 Tier: Ill 2007 Taxable Value: $54,600 Purchase Price in 1977: $5,500 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 14 the 2010 Comprehensive Plan provide a mechanism whereby an applicant who has not received 15 an allocation award in ROGO may apply to the Board of County Commissioners for 16 Administrative Relief. The applicant is eligible for Administrative Relief having complied with 17 all requirements of the dwelling unit allocation system and having been considered in at least 18 three (3) of the last four (4) consecutive annual allocation periods and having submitted the 19 application for Administrative Relief no earlier than the third annual allocation period and no 20 later than ninety (90) days following the close of the fourth allocation period. The applicant has 21 requested administrative relief in the form of a granting of one (1) ROGO allocation and has not 22 expressed a desire to sell the property to the County. 23 24 Relief Options under Administrative Relief: 25 The remedies available to an application for Administrative Relief pursuant to Section 9.5- 26 122.2(f)(6) include issuance of one (1) ROGO allocation award, just compensation by purchase 27 of the property, or such other relief as may be necessary or appropriate. In the event purchase is 28 recommended and the owner refuses the purchase offer the applicant may remain in the 29 ROGO System. 30 31 Evaluation: 32 The subject property does not contain sensitive environmental features or habitat for endangered 33 or threatened species nor is such indicated on the Protected Animal Species Map 2. The Existing 34 Conditions Map, panel 275 denotes the parcel as 740 (disturbed). It therefore does not meet the 35 criteria established under the existing Policy 102.4.2, or Policy 101.6.5 of the Year 2010 36 Comprehensive Plan for the purchase of property under Administrative Relief 37 38 The new Tier System criteria does not change the Administrative Relief recommendation. 39 40 IV. RECOMMENDATION 41 42 It is recommended that the Board of County Commissioners finds that the applicant has met the 43 criteria and qualifies for Administrative Relief. It is further recommended that a Resolution be 44 prepared that establishes this relief awarding one (1) ROGO allocation in the next quarterly 45 ROGO allocation period which closes January 15, 2008, or next available allocation period. Page 2 of 2 Reviewed by"�— 03-3-0814 PresasStafflteport.doc d§1 W. _-- _ - ti VOW Will- /Z 1 ■■■■- L' L .! L!! L! L L L .! L L L L .. L L L L L L L \/ ■ ■ •�-- ►; 1. L , %:. f� -•- 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 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 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 Land Authority for recommended purchase. PASSED AND ADOPTED by the Board of County Commissioners Monroe day of June, 2004, of County thi ,, th Mayor Murray Nelson, s i av Zo -� c� r' Mayor Pro Tem David P. Ricers .r' - y`�r.- v Commissioner Charles "Sonnv,, McCoys o n rv01 -*► Commissioner George Neugent yes i 'c Commissioner Dixie Spehar-Y.&S ;<-� z �t (SEAL) Attest: y rn a BOARD OF COUNTY COMMISSIONERS � O Danny L large, Clerk OF MONROE C TNTY, FLORIDA B E Dep Clerk By:_ MONROE COUNTY ATTORNEY 'MAYOR A�PPO F AS TO FORM: JOHN R. COLLINS COUNTY ATTORNEY E C R u 9 E FOR DEPARTMENT ONLY ! U'1 — 2 � Date of filing with the Planning V Director A frLICATION FOR MdlVaOE CO. PLANNIN 1STRATIVE RELIEF LIEF ative Relief fee: $760.00 Owner's Name: 2 L [ P k 3 AZ S A S Owner's mailing address: 1 14 S a kcac-A-P L Ayc .. Cc, jt a i 6/3�, (k-w , [7/ 3 3 % Phone: J ©.S & f .2y Z 3 f% Fax: Agent's Name: Agent's mailing address: Phone: Fax: (Please attach a statement authorizing representation of this application by someone other than yourself. The statement should read: "I, (owner's name) authorize (individual you are authorizing to represent you) to represent my property for this application for Administrative Relief" RE# Legal description (attach metes and bounds description if necessary): Lo{ 11Gc'G_ Shams Ac �� �� p(o . p `� Permit #: (� 3 — (� �j - I tj Date of most recent ROGO application: V/1 b a O O 3 What kind of administrative relief are you seeking? INOu`- 6ULId k0VYNe - Additional Comments: NOTARY: STATE OF FWI?JDA COUNTY OF (0 Y1 I � _DG@ 4e 12,,-&. � . Applicant's Signature The foregoing signature was acknowledged before me this c;-/- -1 day of I La nl 120_0_f By' tI�J ?��CS who is personally known to me or produced as identification./{/ , te / (� g Sfion exp * MY COMMISSION i DO 344915 EXPIRES: August 9, M O Pub ,State OfFlonda �'ForF�o�`O BondeCThruBudgetNokrySetvcrea Page 2 of 2 W:1G W7'tI MANAGEMENW=p1atmg4s=ng Apphcahi - Prowdure FomiTUming Apphcwftoro Admvtiahmtw Relief doe 3/2007 0 O In lD _ m A � � v A n m 0 0 0 m D z U) 0 x m D 0 z m O Q T, N A 0 a7 crt W A O C7T OD 0 .Zl A N b Ul N 0 X Ul rl 60 N 0 n 0 0 m 0 N 0 X CD J 0 OD (D A A CA p n *7 E z D M N m o D � I m a rm- z z 3 W m D y W C Z c U m in n N a - 0 cn m m r r00_oZD > - 030000I �mc zz X� Z D r-C� j r m Co C Z � C w� N � om D ? a N ::9 N N O o A C1 y c _ O z v A rn o a " o N 0)o cn O CO 7 o m ' b O o � O G) 0 N i w co 0 O� O O In `G O V m CD 0 O In a 0 O In a 0 J W m D CD � CD CD v ;K J — N O N 00 O O O Cn 4 CD O N A w Cn D C o O 0) O 1 N NO O C) N Ol C to 0 % CD CD (p (D (D (D (D (D CD (D (D (D CD (D (D (D (D (D 0 0 0 0 0 0 0 Ism m m m m m m m m co m cD cc (o m co cD m (o 0 0 0 0 0 0 01 x N W A U) m �1 m (D O N W A CT m J m (D 0 N W A (J) m T T T T T T T T T T T T T T T T T T T T T T T T T !A y 3 m 's 10 a C- c W W N N A A A A A A A A m U) m V7 U7 CT (T —! O O cn Cn tT !� O O (D (D N A A W O m P O OD 00 A A A 1 (o N (T A W W O AO O O O 0 0 0 0 0 O O O O O O O O O O O O O 3 W w O O O O O O O O O O O O O O O O O O O O O O O a I c CL 3 O O O O O O O O O O O O O O O O O O O O O O O O O (C !,3 y O O O O O O O O O O O O O O O O O O O O O O O O 0 n O ONNAAA~m:CD (D N D. P 000(D I) (1A m m A A O -+ N N N N N m m O O O m v OD (D (D O O) (3) '._ W W O O O O O O O O O o O O O O O O O O O o O o O M i D w m iy N W W N N A A A A A A A A 0 m Ut 0 C7i CT C" -I O O O O (D (D N A A O) O O O Q) m m A A .A A p (D N (T A ;G m m A A O 8 N N N N N m m O m m m v m (D (D Q) O m W W O O O O O O O O O O O O O O O O O O O O O O c W W O O O O O o O O O O O O O O O O O O O O O O O ',(D i m 13 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O N A .P OAi ODD _ODD A A A (D ON Vmi A A G m OD A A O -+ -+ N N N N N m m m m m O) 'J m (D (D U) m a) � W W O O O O O O O O O O O O O O 0 O O O O O O O O jc La W 0 0 0 0 0 0 0 (DO 0 0 0 0 0 0 0 0 0 C'J 0 0 0 O l m d c N O h I O O 0 O C .0 O .a cD �T N 0 O 1 CL 0) In a 0 w c o o o N N N p O 0 N Ul REFERENCE TYPE FEE ID THIS REC 03300814 P ------- B- A PLAN ---------- 0.00 03300814 P B- 0 EDUC 0.00 03300814 P B- 2B APPL 0.00 03300814 P B- 3 BLDG 0.00 03300814 P B- 7 FLATW 0.00 03300814 P B- BIO EDU 0.00 03300814 P B-11A CIST 0.00 03300814 P E- 0 EDUC 0.00 03300814 P E- 1 MIN 0.00 03300814 P LDR 1-SFR 0.00 03300814 P M- 0 EDUC 0.00 03300814 P M- 2 2A/C 0.00 03300814 P M- 3 DUCTW 0.00 03300814 P P- 0 EDUC 0.00 03300814 P P- 2 FIXTU 0.00 03300814 P P- 3A SEWE 0.00 03300814 P P- 6 APIPE 0.00 03300814 P P- 6 DPIPE 0.00 03300814 P R- 0 EDUC 0.00 03300814 P R- 9A ROOF 0.00 03300814 P RADON/NEW 0.00 03300814 P RECOV/NEW 0.00 03300814 P ROGO 0.00 03300814 P ZONING-032 760.00 TOTAL FOR 03300814 760.00 TOTAL PERMIT FEES 760.00 DATE............ 07/02/07 TIME............ 10:44 RECEIPT NUMBER.. 100789 OPERATOR ID..... colej CHECK........... 760.00 TOTAL........... 760.00 BELEN PRESAS 1197 925 Obispo Ave a ego ca-ry Coral Gables, FL 33134 63-64JMWCOM7 DATE I'M IU THE ORDER OF� (% J F J o� � ®DOCLARs L_7 �," WACHOVIA P-fomw., Ba tg.- g- Wadnvia Bank. N.A. woc�wvla,can 1:0670064321:109000343761811• 1197 DATE I`' 07/02/2007 RECEIPT 100789 REFERENCE ID 4 ...: 03300814 SITE ADDRESS .....: BK14 LT14 KL OCEAN SHORES SUBDIVISION ......: CITY .............: IMPACT AREA ......: OWNER PRESAS DANIEL F & BELEN ADDRESS 925 OBISPO AVE CITY/STATE/ZIP CORAL GABLES, FL 33134 RECEIVED FROM BELEN PRESAS CONTRACTOR OSORIO, JARVIS NELSON LIC # 07810 COMPANY FEDERAL CONSTRUCTION COMPANY ADDRESS ... 1721 JOHNSON STREET CITY/STATE/ZIP ...: KEY WEST, FL 33040 TELEPHONE (305) 296-8024 FEE ID UNIT - QUANTITY AMOUNT PD-TO-DT THIS REC NEW BAL ---------------------------------------------- ------ -- ------------------ CHECK 760.00 1197-WACHOVIA TOTAL RECEIPT 760.00 MONROE COUNTY ***LIVE*** Item 1 of 1 PERMIT RECEIPT OPERATOR: colej COPY # 1 Sec:32 Twp:61 Rng:39 Sub: Blk: Lot: RE: 00500800000000 DATE ISSUED.......: 07/02/2007 RECEIPT #.........: 100789 REFERENCE ID # ...: 03300814 SITE ADDRESS BK14 LT14 KL OCEAN SHORES SUBDIVISION ...... CITY .............: IMPACT AREA ...... OWNER PRESAS DANIEL F & BELEN ADDRESS 925 OBISPO AVE CITY/STATE/ZIP ...: CORAL GABLES, FL 33134 RECEIVED FROM BELEN PRESAS CONTRACTOR OSORIO, JARVIS NELSON LIC # 07810 COMPANY FEDERAL CONSTRUCTION COMPANY ADDRESS 1721 JOHNSON STREET CITY/STATE/ZIP ...: KEY WEST, FL 33040 TELEPHONE (305) 296-8024 FEE ID UNIT ------------- QUANTITY ---------- AMOUNT PD-TO-DT THIS REC NEW BAL B- A PLAN FLAT RATE 1.00 ---------- 100.00 0.00 0.00 100.00 B- 0 EDUC FLAT RATE 1.00 2.00 0.00 0.00 2.00 B- 2B APPL FLAT RATE 1.00 750.00 750.00 0.00 0.00 B- 3 BLDG B- SQ FT 3,155.00 800.00 0.00 0.00 800.00 7 FLATW SQUARE FOOTAG 1,097.00 50.00 0.00 0.00 50.00 B- BIO EDU FLAT RATE 1.00 2.00 0.00 0.00 2.00 13-11A LIST EACH 1.00 100.00 0.00 0.00 100.00 E- 0 EDUC FLAT RATE 1.00 2.00 0.00 0.00 2.00 E- 1 MIN LDR UNITS 1.00 870.00 0.00 0.00 870.00 1-SFR FLAT RATE 1.00 75.00 0.00 0.00 75.00 M- 0 EDUC FLAT RATE 1.00 2.00 0.00 0.00 2.00 M- 2 2A/C SYSTEM 1.00 65.00 0.00 0.00 65.00 M- 3 DUCTW P- DROPS 16.00 160.00 0.00 0.00 160.00 0 EDUC P- FLAT RATE 1.00 2.00 0.00 0.00 2.00 2 FIXTU P- 3A SEWE UNITS PER CONNECTIO 14.00 210.00 0.00 0.00 210.00 P- 6 APIPE CONNECTIONS 1.00 1.00 50.00 20.00 0.00 0.00 50.00 P- 6 DPIPE DOLLARS 4.00 48.00 0.00 0.00 0.00 0.00 20.00 R- 0 EDUC FLAT RATE 1.00 2.00 0.00 0.00 48.00 2.00 R- 9A ROOF RADON/NEW SQUARE FEET SQUARE 2,640.00 135.00 0.00 0.00 135.00 RECOV/NEW FOOTAG SQUARE 2,640.00 13.20 0.00 0.00 13.20 FOOTAG 2,640.00 13.20 0.00 0.00 13.20 ROGO ZONING-032 FLAT RATE FLAT RATE 1.00 100.00 0.00 0.00 100.00 1.00 760.00 0.00 760.00 0.00 TOTAL PERMIT ---------- 4331.40 -------- 750.00 760.00 2821.40 METHOD OF PAYMENT AMOUNT NUMBER MONROE COUNTY ***LIVE*** Item 1 of 1 PERMIT RECEIPT OPERATOR: colej COPY # : 1 Sec:32 Twp:61 Rng:39 Sub: Blk: Lot: RE: ........: 00500800000000 NEW APPLICATION MONROE COUNTY PLANNING DEPARTMENT APPLICATION FOR RESIDENTIAL PERMIT ALLOCATION Marathon: (305) 289-2500 Plantation Key: (305) 852-7100 Application Fee: $100.00 PLEASE PRINT AND ATTACH A COPY OF A PROPERTY RECORD CARD, IF YOU HAVE QUESTIONS OR WISH TO MAKE AN APPOINTMENT TO DELIVER YOUR APPLICATION, PLEASE CALL THE GROWTH MANAGEMENT OFFICE CLOSEST TO YOUR PROJECT. ONCE THIS APPLICATION IS ACCEPTED AND DEEMED COMPLETE, REVISIONS WILL ONLY BE ACCEPTED IF A NEW APPLICATION IS SUBMITTED. Owners) Name: 1 i�� `J {�� Y 1 tL c -k' �U-� h (Wj (H) Street Address: 15iD lil City: Ct,(JA L (,c'%21,JState: CLZip: 3 i `) �J Agent's Name: kAoV* Ph. (W) �4t�) - �Z-4(H Street Address: cb- 01* cit y: Stater 1. Zip: 33 «� l PROPERTY DESCRIPTION: Lot ( kt y la�o Block �_ Subdivision �e-Gti4� ,� j7Qt& Key: k-.0b,6 Street: MM: IVbRE: WX,Ctl If metes and bounds, attach legal description on separate sheet. NUMBER OF UNITS: Mobile Home:_ House: 4 RV: Live -aboard: _Others: _ Check Yes or o. If yes, then attach the requested documents: Yes The project is combining contiguous lots in a legally platted subdivision with water, electricity, and paved roads or is otherwise below density. Please attach a copy of a proposed restrictive covenant limiting the number of units on the property and running in favor of and enforceable by the County. Yes _ No —Ae unit(s) will be affordable housing. Attachment required is a current affordable housing approval from t e Planning Department. Yes _ No _ The proposal includes dedication of vacant, buildable land located in areas proposed for acquisition. Attachments required with this application are: 1) letter from the Biologist stating the property is dedicateable, 2) proof of ownership, 3) proposed WARRANTY DEED(S) (Quit Claim Deeds will not be �pted). Please list the RE:'(s) of the land to be dedicated Yes _ No 1 The applicants) is/are proposing to construct a residence that contains 1,300 sq. ft. or less of habitable space and agrees to a Building Permit Condition limiting the expansion allowance for a residential dwelling unit(s) for a period of seven (7) years which will not commence until the Certificate of Occupancy is issued, if the applicant(s) qualify for inBil ROGO points. Note: Other limitations may apply. Yes _ No /Transfer of ROGO Exemptions (TRE's) are being utilized in the development of attached dwelling units. Attachment required. The applicant must submit a copy or a certified copy of the recorded Development Order approving the TRE's for this project. — TRE's is/are to be used for this application. I certify that 1) 1 have read and examined this application including attachments and know same to be true and correct; 2) All provisions of laws and ordinances governing this type of work are complied with whether specified herein or not, including the provision of Local, State, or Federal requirements regulating construction or the performance of construction; and 3) TiMe node farCounty)oction set forth in Section 9.5-113 of the County Code are hereby waived. q11 state of Florida�i+t ;. myco n— Fa t9,20M Signature of Applicant Date Swo t bscn° 10io MDO ore me this ,day of pp produ a and who he he�ys emonally known to has (did ake an oath. TO BE COMPLETED BY STAFF- DATE: TIME: PERMIT # BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 14, 2007 Division: Growth Management Bulk Item: Yes _ No X Department: Planning and Env. Resources Staff Contact: Tiffany Stankiewicz, Ralph Gouldy AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for Bowen, LLC on Lot 8, Block 14, Bowens Addition to Riviera Village Subdivision, Key Largo, Real Estate Number 00513130.000000. ITEM BACKGROUND: A building permit was applied for on 5/14/2002 and a ROGO application was applied for on 10/8/2003. The applicant applied for administrative relief on 8/17/05 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 awarded in the form of purchase by the Monroe County Land Authority. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval in the form of purchase by the Monroe County 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 BOWEN, LLC ON PROPERTY DESCRIBED AS LOT 8, BLOCK 14, BOWENS ADDITION TO RIVIERA VILLAGE SUBDIVISION, KEY LARGO, RE # 00513130.000000 IN THE FORM OF PURCHASE FROM THE LAND AUTHORITY. WHEREAS, Bowen, LLC 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. The application for administrative relief from Bowen, LLC is for Lot 8, Block 14, Bowens Addition to Riviera Village Subdivision, Key Largo in Monroe County, Florida having RE# 00513130.000000. 2. The date of the ROGO application is 10/8/2003. 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. Monroe County Code (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 8/17/05, under Section 9.5- 122.2(f) of the MCC and Policy 101.6.1 of the 2010 Comprehensive Plan. 7. Policy 101.6.5 of the 2010 Comprehensive Plan and Ordinance 009-2006 provides criteria to be used for determining lands that are appropriate for acquisition which includes proposing development in a Tier I designated area and the subject parcel is located in a designated Tier 1 area. The subject property has the land use district designation of Improved Subdivision (IS), is located in the Bowens Addition to Riviera Village Subdivision 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 in an area of indigenous hammock. 11. The property qualifies under all criteria established by Resolution #223-2004 for purchase by the Monroe County Land Authority of small parcels with indigenous hammock and pinelands. ADMINISTRATIVE RELIEF RESOLUTION Page i of 2 RE# 00513130.000000 02-3-2086 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to Bowen, LLC, for Lot 8, Block 14, Bowens Addition to Riviera Village Subdivision, Key Largo in the form of purchase by the Monroe County Land Authority. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 10 day of November, 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 :1 (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK Mayor Mario Di Gennaro MONROE COUNTY ATTORNEY PP,ROVED AS TO FORM DL�" ADMINISTRATIVE RELIEF RESOLUTION Page 2 of 2 RE# 00513130.000000 02-3-2086 tie Ls 3 MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: Monroe County Board of County Commissioners From: Tiffany Stankiewicz, Sr. Planning Technician Ralph Gouldy, Sr. Administrator Environment 1 Resources Through: Townsley Schwab, Acting Director of Planning & Environmental Resource Date: October 29, 2007 Subject: Request for Administrative Relief Lot 8, Block 14, Bowens Addition Riviera Village Subdivision, Key Largo Real Estate No. 00513130.000000 1 I. BACKGROUND 2 3 The applicant is eligible for Administrative Relief having complied with all requirements of the 4 dwelling unit allocation system and having been considered in at least three (3) of the last four 5 (4) consecutive annual allocation periods and having submitted the application for 6 Administrative Relief no earlier than the third annual allocation period and no later than ninety 7 (90) days following the close of the fourth allocation period. 8 9 Date Entered ROGO: 10/8/2003 10 12 Date Entered Administrative Relief. 8/17/05 13 ROGO Score: 23 14 15 Planning: 14 16 . (+10) infill 17 • (+5) perseverance 18 Building: 7 19 • (1) Flood Zone X 20 • (+4) Water/Energy Conservation, 21 . (+2) Structural Integrity 22 Environmental: 1 23 (+1) Group 1 24 25 II. CURRENT CONDITIONS 26 27 Location: Lot 8, Block 14, Bowens Addition Riviera Village Subdivision, Key Largo, Real 28 Estate No. 00513130.000000 Page 1 of 3 Reviewed b5� 02-3-2086 1 2 Owner: Bowen, LLC Applicant/Agent: NA 3 4 Land Use District: Improved Subdivision (IS) FLUM: Residential Medium (RM) 5 6 Tier:I 7 8 2007 Taxable Value: $56,000 Purchase Price in 2002: $36,000 (Cannon) 9 Quitcliam Deed to Bowen, LLC in 2006 (no value) 10 11 III. LEGAL ELIGIBILITY AND OPTIONS 12 13 Eligibility for Administrative Relief Options: 14 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or 15 the 2010 Comprehensive Plan provide a mechanism whereby an applicant who has not received 16 an allocation award in ROGO may apply to the Board of County Commissioners for 17 Administrative Relief. The applicant is eligible for Administrative Relief having complied with 18 all requirements of the dwelling unit allocation system and having been considered in at least 19 three (3) of the last four (4) consecutive annual allocation periods and having submitted the 20 application for Administrative Relief no earlier than the third annual allocation period and no 21 later than ninety (90) days following the close of the fourth allocation period. The applicant has 22 requested administrative relief in the form of a granting of one (1) ROGO allocation and has not 23 expressed a desire to sell the property to the County. 24 25 Relief Options under Administrative Relief: 26 The remedies available to an application for Administrative Relief pursuant to Section 9.5- 27 122.2(f)(6) include issuance of one (1) ROGO allocation award, just compensation by purchase 28 of the property, or such other relief as may be necessary or appropriate. In the event purchase is 29 recommended and the owner refuses the purchase offer the applicant may remain in the 30 ROGO Svstem. 31 32 Evaluation: 33 The subject property contains sensitive environmental features identified as hammock. The 34 Existing Conditions Map, panel 292 denotes the parcel as 426 (tropical hardwood hammock). 35 The property is designated as Tier I and is in a sparsely developed area which abuts a large 36 proposed Tier I tropical hardwood hammock area. It therefore meets the criteria established 37 under the existing Policy 102.4.2 and Policy 101.6.5 of the Year 2010 Comprehensive Plan for 38 the purchase of property under Administrative Relief. 39 40 Effective October 29, 2007, the Tier System was implemented. The proposed development is 41 located in a Tier I. Pursuant to Comprehensive Plan Policy 101.6.5 and Ordinance 009-2006 42 Monroe County shall pursue land acquisition through voluntary purchase of lands from property 43 owners denied a building permit through the Permit Allocation System, as the preferred option 44 when the subject property is located in a designated Tier 1 area. 45 Page 2 of 3 Reviewed b l;,, 02-3-2086 1 2 3 4 5 6 IV. RECOMMENDATION The subject property is located in a designated Tier 1 area therefore, it is recommended that a Resolution be prepared that establishes this relief by offering purchase by the Monroe County Land Authority. Page 3 of 3 02-3-2086 Reviewed by —`�' r L I%L N ��% �L� - 1 � AL 1 .ti r F +� LZI 4L cl� II .r. �� L • -.1 •. • 4 . L 1 ■ 1 40 AL Commissioner Charles -Sonny- McCoy RESOLUTION NO223 -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 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 Land Authority for recommended purchase. PASSED AND ADOPTED by the Board of County Commissioners of Monroe Cou thi o th day of June, 2004. Mayor Murray Nelson s CD Cr R7 Mayor Pro Tem David P. Ricers ^�' a v Commissioner Charles "Sonny" McCoy � yes Commissioner George Neugent yes Commissioner Dixie Spehar-Y-&S r- N o (SEAL) BOARD OF COUNTY Attest: .C-) COMMISSIONERS rn can Danny, ! laage, Clerk MONROE C TITY, FLORIDA B : E D Clerk Bv:_ p MONROE COUNTY ATTORNEY MAYOR APPOV AS TO FORM: a T JOHN R. COLLINS COUNTY ATTORNEY No G� Applicant is: APPLICATION FOR ADMINISTRATIVE RELIEF FOR DEPARTMENT ONLY Date of filing with the Planning Director o6 17 05- Owner 0 Authorized Representative Applicant's Name:- hl Cja Applicant's mailing address: Owner's name (if applicant is not owner): Owner's address: I\j C Z IA t> � �`�� o Phone: 4 � � ` C � 61' Fax: 4 "i - 5 , (Please attach a statement authorizing representation of this application by someone other than yourself. The statement should read: 1, (owner's name) authorize (individual you are authorizing to represent you) to represent my property for this application for Administrative Relief' RE# C C)'S 13 r Legal description (attach metes and bounds description if necessary): Vr (11,1 Permit #: LP ,�,A 'S `— Date of most recent ROGO , Lo.rme What kind of administrative relief are you seeking? Additional Comments: NOTARY: STATE OF FLORIDA- COUNTY OF /�y(f 2)� Applicant's Signature The foregoing signature was acknowledged before me this 1.5 day of + 120_L�� By ( tz.c r n t o n o as identification. .w, N. SUAREZ-CANNON Notary Pubilc - State of Fkxida Mt4rssi x fires: My��'M"I�'� P e Commission * DDIW21 , onei Notary Aso. Si ure of Notary Public produced~Y%��i->= Page 2 of 2 UAGrowth ManagetnendPlanning\Petnek-Nicole\Plannhig ApplicanonsWdm istrative Relief.doc 122003 Flu ROGO RESCORE SHEET Applicant Cain yion A4 -- Permit # 4 9--.3 - Date 4- Planning Department Points: Scored By: 1 �'3 1. (1) Platted with Infrastructure..................................................................... 10 Points 2, (2) Acreage with Infrastructura..................................................................... 5 Points 3, (3) Lot Aggregation; contiguous vacant, platted, buildable lot(s) x 3 ........... 3 Pts, Ea. 4. (4) Acreage Density Reduction.......................................................... 2, 4, or 6 Points 5. (5) Land Dedication: buildable lots/ acres x 2—..................................... 2 Pts, Ea. 6. (6) Affordable Housing..........................................,,.....,..........,........,... 5 Points 7. (10) Perseverance Points: # of full years in system a)1 point/year for first 4years .......................................................... 1 Point b) 2 points / year each year after 4 full years ......................................... 2 Points 8, (13) Offshore Island Land Use District...-....................................................... -10 Points 9, (1.5) Historic Resources: a) Adversely affects, removes, or destroys.............................................10 Points b) Preservation............................................................................... 10 Points EXISTING ENVIRONMENTAL POINTS 7 EXISTING BUILDING POINTS fi'7 //y-" 7AY)O j PREVIOUS POINT TO AL: 1 st ENTRY DATE: S" 2 nd ENTRY DATE: 0 LATEST ENTRY DATE: RESCORE FOR PERSERyERARtCEt�'bINTS: POINTS ADDED: � RESCORE FOR LAND DONATIONS: LOT(S) DONATED: POINTS ADDED: RESCORE FOR POINTS ADDED: NEW RESCORE TOTAL: 0-0 Residential Dwelling Unit Allocation Evaluation — Summary Scoring Sheet - Applicant: � GC �'14 File: Date: ! tIt) Planning Department Points Scored BY: d� 1. (1) Platted with Infrastructure ..................................................................... 10 Points 2, (2) Acreage with Infrastructure..................................................................... 5 Points 3. (3) Lot Aggregation: contiguous vacant, platted, buildable lot(s) x 3 ........... 3 Pts. Ea, 4. (4) Acreage Density Reduction.......................................................... 2, 4, or 6 Points 5, (5) Land Dedication: buildable lots/ acres x 2....................................... 2 Pts. Ea. 6. (6) Affordable Housing............................................................................... 5 Points Points: # full in 7. (10) Perseverance of years system — 4years 1 Point a) I point/year for first .......................................................... b) 2 points / year each year after 4 full years ......................................... 2 Points 8, (13) Offshore Island Land Use District............................................................ -10 Points 9. (1.5) Historic Resources: a) Adversely affects, removes, or destroys ............................................ -10 Points b) Preservation............................................................................... 10 Points 10.(19) Modest Housing: to be eligible for these points must agree to 1,300 RESTRICTION and other limitations le: porch size, enclosure, etc. Proposed dwelling unit has: Square footage of habitable space = Square footage of covered porches = Square footage of uncovered porches = Square footage of narrow walkway (3 feet wide or less) _ Square footage of downstairs enclosure = Is there a detached/lateral garage? Yes No Is there a detached guest house? Yes No Is there a proposed in ground pool? Yes No a) Detached infill ROGO points & is less than/= to 1,300 sq. ft. of habitable space (Restriction required; AFH applicants not eligible). 2 Points b) Detached MODULAR dwelling unit meets the minimum windload requirement for Monroe County. 2 Points c) Detached/Attached dwelling unit is on a non -waterfront lot, 1 Point d) Proposed to develop attached dwelling unit that is equal to or less than 1,300 sq. ft. of habitable space. (Restriction) 3 Points e) Attached MODULAR residential dwelling unit which meets minimum windload requirement for Monroe County. 2 Points f) Utilizing TRE's (1 for 1 in attached dwellings) .... # of full TRE's x 2 Points —� Planning Department Subtotal: —! Changes ROGO Score Sheet IV 11/872001 Page 1 of 3 CofffINUED: Applicant: ('4-0 Aoy1 File: Date:_ 1� U -3 Environmental Resources Department Points Scored By: Subject property requires wetland mitigation (AIDID): YES NO 1. (7) Habitat Protection: a) Group ................................................................................... .10 Points b) Group 3..................................................................................... -5 Points c) Group 2..................................................................................... -2 Points d) Group 1..................................................................................... 1 Point e) Multiple Groups........................................................................... Points 2. (8) Threatened or Endangered Animal Species and Special Concern Animal Species: a) Known Habitat ......................................... # of Species x -10 Points b) Within 100 Ft, of turtle nesting area .............................................. -10 Points c) Within 500 Ft, of piping plover nesting area ...................................... -10 Points d) Probable / Potential Habitat ........................ # of Species x -5 Points e) Wide Ranging Species Habitat .................... # of Species x -2 Points 3. (9) Critical Habitat Areas: a) Big Pine, No Name Key, Ohio Key or North Key Largo ...................... -10 Points b) National Key Deer Refuge Priority I & 11 .......... . . . ............................ -10 Points c) Coupon Bight orC.A.R.L, acquisition areas ..................................... -10 Points d) Bald Eagle secondary zone .......................................................... .10 Points 4, (13) Negative Impact Conservation Land Protection Area ................................. -2 Points 5. (14) Transferable Development Rights (TDR's) .......... # of full TDR's x 1 Point Environmental Resources Department Subtotal: 4 1 Changes ROGO Score Sheet !V 11/8/2001 Page 2 of 3 CONTINUED: Applicant: C V, N e> n File:Q 3Date:_ �4d Buildinq Department Points Scored By. a) (11) Coastal high Hazard Area: a) A Zone................................................................................ .. -1 Point b) V Zone .......................................... ............................................ c) X Zone...................................................................................... -6 Points 1 Point b) (12) Coastal Barrier Resources System........................................................ —10 Points c) (16) Water Conservation: ( FKAA service area only) a) Ultra low volume plumbing fixtures .................................................. 1 Point 4 / b) Primary of 12,500 gal. Cisteig or min, 200 gaJ/day salt ter conversion reverse osmosis facility OR a of 2,500 gal, Ciste or min, 50 % gal/day saltwater conversion rse osmosis ........................ 1 Point d) (17) Energy Conservation: ( FKEC and CES service area only ) a) HVAC with rating of 12 or better ...................................................... 1 Point -I. l b) Solar hot water system with min, FEF of 5 AND/OR min. 14 kWh/day photovoltaic system on grid ANDIOR domestic hot water heat recovery unit 1 Point c)14 kWh/day photovoltaic system in conjunction with elimination of grid ..... 1 Point e) (18) Structural Integrity: a) Exceeds min, floodplain elevation by min, of thirteen inches .............. 1 Point " b) Min peak wind load of 160 mph .................................... .............. 1 Point f-1-- c) Min peak wind load of 175 mph ........................................................ 1 Point f) (19) Modest Housing: a) TheROGO point list on the Plans indicate Modest Housing: Yes _ No The proposed dwelling unit has: Square footage of habitable space = Square footage of covered porches = Square footage of uncovered porches = Square footage of narrow walkway (3 feet wide or less) _ Square footage of downstairs enclosure = Is there a detached/lateral garage? Yes No Is there a detached guest house? Yes No Is there a proposed in ground pool? Yes No b) Detached MODULAR dwelling unit meets the minimum windload requirement for Monroe County. YES - NO c) Attached MODULAR residential dwelling unit which meets minimum windload requirement for Monroe County, YES NO ' Building Department Subtotal: 4' 7 Final Review By: _ Total Score: Changes ROGO Score Sheet IV 11/8/2001 Page 3 of 3 L� e l� 0'�� r-I Q V 4 Q� U W cq W m OkD G... 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Ua>>> Ilaoo0oo000000000000000 1 W I I H 1 Q Cl.-i W 1 1 01 I •rl.r{ Q 41 x w i i uUi D I I H I I 2: i < a I I yji00000000000000000000o i Ila Izw I 10.1 I Coco O I 1 I O a a a I I 1 HI U p I f I ?+ Y+ , H H H W all Q I I a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 I Uiia iw �ct� r4 D I Vl W I � I �jau��n000000000000000000 I �z(n ooLn,n,n,nLnLI) Ln0000ddo N ar I a � NN ui un co CO Ln Ln to NC O u-)in Ln Ln in Ln cn in FZ:C,.q 11 (D00dr-+r+HNoor+0oo0000 wwornCC) � <1 CD OIaD OO N co ul a I H of x I[�C�Nc>>a+in110rcorno1-rN(Y) LnUnorn H I 0 co cococoCC) CC) ooOD CT) rnornrnrnrncsrnrnrn0o cnczC7o"Q�-o W I Wrnmrnrnrnrnrnrnrnrnrnrncy) C-)oo H •fir rnd H r-1 N N x O a+ O r-i N p I Hi o0000000000000oo00dd alMH U) O r M cT cn RE- APPLICATION FC A: No. of New Points kidded �L PROPOSED TIER Perseverance Point: $Yes No MONROE COUNTY PLANNING DEPARTMENT APPLICATION FOR RESIDENTIAL PERMIT ALLOCATION Marathon: (305) 289-2500 Plantation Key: (305) 852-7100 Application Fee: $200.00 PLEASE PRINT AND ATTACH A COPY OF A PROPERTY RECORD CARD. IF YOU HAVE QUESTIONS OR WISH TO MAKE AN APPOINTMENT TO DELIVER YOUR APPLICATION, PLEASE CALL THE GROWTH MANAGEMENT OFFICE CLOSEST TO YOUR PROJECT. ONCE THIS APPLICATION IS ACCEPTED AND DEEMED COMPLETE, REVISIONS WILL ONLY BE ACCEPTED IF A NEW APPLICATION IS SUBMITTED. PLEASE BE ADVISED THERE IS A PENDING DEFERRAL OF ROGO ALLOCATIONS IN TIER I AND II AREAS. _' '34I14 Owners) Name: Ph. (W) (H) -11-5-5 066 V Street Address: City: LLi4 i� State: L Zip: Agent's Name: )64Li�nGL Ph. Street Address: �� l ��5 /` -� `y City: J-ro(-��tate: R. Zip: �303-4_- PROPERTY DESCRIPTION: Lot Block 1 �L_ Subdivision460C_� kill 1 G Key: Street: 1- L) If metes and bounds, attach legal description on separate sheet. NUMBER OF UNITS: Mobile Home:_ House: �L RV: Live -aboard: _Others: _ Check Yes or No. If yes, then attach the requested documents: Yes _ No4 The project is combining contiguous lots in a legally platted subdivision with water, electricity, and paved roads or is otherwise below density. Please attach a copy of a proposed restrictive covenant limiting the number of units on the property and running in favor of and enforceable by the County. Yes _ No/_ The unit(s) will be affordable housing. Attachment required is a current affordable housing approval from the Planning Department. Property Information for 1632449 Page 1 of 2 Home DMpirlments Exemptions nli nt r For s Nov ?1,20061t:50A41 Contact the MCPA office. Under i lorida law, e-mail addresses are public records. [f you do not want tour e-mail address released in response to a public records request do not send electronic mail to this entity. Instead, contact this office by phone or in writing. F.S��668,6076 ONLINE DATA CENTER RECORDSSEARCH PROPERTY INFORMATION FOR: Alternate Key: 1632449 RE Number: 00513130-000000 Print I Search Again I Ask Question about this parcel OWNER OF RECORD BOWEN LLC 16 NORTH DR KEY LARGO FL 33037 PHYSICAL LOCATION KEY LARGO LEGAL DESCRIPTION BK 14 LT 8 BOWENS ADDN TO RIVIERA VILLAGE -KEY LARGO-PB2-107 OR476-560/61 OR786-727 OR999-2069 OR1324-1960 OR1761- 305 OR2190-1863/64Q/C SUBDIVISION: BOWENS ADD RIVIERA VILLAGE SECTION, TOWNSHIP, RANGE 12 - 61 - 39 MLLLAGE GROUP 500K Estimate Taxes PC CODE 00 - VACANT RESIDENTIAL ILand Details LAND USE CODE PROPERTY MAP BOWD N BOWEN ❑R � u► a ca w sa is w w si3h6o ! 4 I ! ! rt j Map Size r None r Small r Medium r Large LAND AREA 1+I http://www.mcpafl.org/datacenter/search/record.asp 11 /21 /2006 Property Information for 1632449 Page 2 of 2 t t rarcei vane nisiory TAX ROLL YEAR BUILDING MISCELLANEOUS LAND JUST EXEMPTIONS (NOT TAXABLE IMPROVEMENTS INCLUDING SENIORS) 2006 0 0 70,000 70.000 0 70,000 2005 0 0 14,000 14,000 0 14,000 2004 0 0 14,000 14.000 0 14,000 2003 0 0 10,500 10,500 0 10,500 NOTE - OUR RECORDS ARE TYPICALLY'"Vo TO THREE MONTHS BEHIND FROM THE DATE OF SALE. IF A RECENT SALE DOES NOT SHOW UP PLEASE GIVE OUR OFFICE TIA1IE TO PROCESS IT. SALE DATE OFFICIAL RECORDS PRICE INSTRUMENT BOOK/PAGE 02/2002 1761/0305 36,000 WD 08/1994 1324/1960 24,000 WD 01 /1987 999/2069 11,000 WD View Tax Collector Record This page has been visited 12,803 times. http://www.mcpafl.org/datacenter/search/record.asp 11 /21 /2006