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R. Public HearingsBOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY * 3:00 P.M. PUBLIC HEARING Meeting Date: December 19, 2007 -, MAR Division County Attorne Bulk Item: Yes _ No X Staff Contact Person: Susan Grimslgy #3477 AGENDA ITEM WORDING: A Public Hearing to consider approval of an ordinance deleting Sections 2-267 through 2-269, Monroe County Code, abolishing the Housing Finance Authority. ITEM BACKGROUND: The Housing Finance Authority was created by Ordinance 010-1979 and authorized to transact business via Resolution No. 205-1979 as required by F.S. 159.604(1) On 9/9/1993 the BOCC abolished the Housing Finance Authority via Resolution No. 354-1993 believing it was inactive and no longer necessary. In that a Resolution cannot abolish an agency created by ordinance, on 2/21/1995 via Resolution 059-1995, the Board reversed the action taken on 9/9/1993 and appointed HFA Board members pursuant to F.S. 159.600 to conclude existing business relating to Housing Revenue Bonds Series A dated 1980 and to alleviate a shortage of housing and capital for investment in housing in Monroe County. The Monroe County Housing Finance Authority has no further obligations under any bond issues and has been inactive for an extended period of time. The remaining funds are substantial but remain in an account with Bank of America under the Housing Authority's name but are being used merely to pay for required audits and expenses over this extended period. In that there is no current use for the services of the Housing Finance Authority and the funds are not being used for any productive or social purpose, the proposed Ordinance properly abolishes the Monroe County Housing Finance Authority and directs the remaining funds to be used by the Monroe County Housing Authority for special client needs for housing assistance. PREVIOUS RELEVANT BOCC ACTION: Ordinance No. 010-1979 Resolution No. 205-1979 required by F.S. 159.604(1) for FHA to transact business or exercise powers 9/8/1993 Resolution No. 354-1993 —improperly abolishing HFA 2/21/1995 Resolution No. 059-1995 — reversing Resolution No_ 354-1993 1211312000 Resolution No. 527-2000 --$99, 000, 000 Lee County HFA Bonds and ILA w/Lee County 12/ 19/2001 Resolution No. 476-2001- $99, 000, 000 Lee County HFA Bonds and ILA iv/ Lee County 12/19/2001 Resolution No. 477 2001- $9, 350, 000.00 Monroe County HFA Bonds (Roosevelt Gardens Apartments Project) 11/14/2007 BOCC approved Public Hearing for 12/19/07 @ 3:00 p.m. in Marathon CONTRACT/AGREEMENT CHANGES: None. RECOMMENDATIONS: Approval. TOTAL COST: N/A - BUDGETED: Yes N/A No COST TO COUNTY: N/A SOURCE OF FUNDS: VENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # WHEREAS, the Housing Finance Authority was created in 1979, abolished in 1993, and re-established by Ordinance No. 059-1995; and WBIEREAS, the Housing Finance Authority has no further obligations under any bond issues and has been inactive since December 17, 2004; and WHEREAS, there are funds in the Monroe County Housing Finance Authority's name held by Bank of America in the amount of approximately $55,343.69 as of September 30, 2007 from monies left over from bond funds; and WHEREAS, these funds are being used each year to provide for an audit and other expenses as provided by law and are not being used for any productive or social purpose; and WHEREAS, the Board of County Commissioners has determined that there is no current use for the services of the Housing Finance Authority and desires to abolish the Housing Finance Authority and its Board and dispose of remaining funds; Section 1. Sections 2-267 through 2-269 of the Monroe County Code are hereby repealed. Section 2. All remaining funds in the Bank of America Account are to be used by the Monroe County Housing Authority to pay outstanding obligations and to further Affordable Housing opportunities for the very low and low income residents of Monroe County. Section 3, If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 4. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Page 1 of 2 Pages Section 4. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 5. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto. Section 6. This ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary of State of the State of Florida that this ordinance has been filed with said Office. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the day of , Mayor Mario DiGenarro Mayor Pro Tem Dixie Spehar Commissioner Charles "Sonny" McCoy Commissioner George Neugent Commissioner Sylvia Murphy (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L.KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA al By Deputy Clerk Mayor ONROE COUNTY ATTORNEY APPROVED A T FORM r ° '77 L/ . j Page 2 of 2 Pages 1' 3 �=- '/= t." /3 f/` 7 l ` ' i� � 1: �. NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday, December 19, 2007, at 3:00 PM at the Marathon Government Center, 2798 Overseas Highway, MM 47.5 (Gulf), Marathon, Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following proposed County Resolution: Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decided to appeal any decision trade by the Board with respect to any matter considered at such hearings or meetings, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Dated at Key West, Florida, this 14th day of November, 2007. DANNY L. KGLHAGE, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida (SEAL) Publication dates: Reporter (Er) 11/16/07 Keynoter (Saa) 11/17107 KW Citizen (Su) 11/18/07 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 19, 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: At the November 14, 2007 Board of County Commission meeting this item was tabled by the Commissioners to the December 191h meeting in Marathon. 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: 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. 3. 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 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 &MROE COUNTY ATTORNEY PAROVEO A8 TO FORM ADMINISTRATIVE RELIEF RESOLUTION Page 2 Of 2 RE# 00513130.000000 02-3-2086 1 }J 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 Resourcesj!51�7 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 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: 10/8/2003 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: 1 233 • (+1) Group 1 24 25 11. 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 bq3-1 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 1 1 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 System. 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 L 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 � 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 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 o th Mayor Murray Nelsons o Mayor Pro TernDavid P. Ricers `yes o Commissioner Charles "Sonny" McCoy Commissioner George Neugent yes _yes c Commissioner Dixie Spehar�"- (SEAL) Attest: s BOARD OF COUNTYC.)� COMMISSIONERS M Danny, ! Ihage, Clerk OF MONROE C 7Y, FLORIDA cw B : E �p Clerk Bv. MONROE COUNTY ATTORNEY MAYOR APP�OV AS TO FORM: Q O �- JOHN R. COLLINS COUNTYlo� ATTORNEY l�, mo� U] Applicant is: APPLICATION FOR ADMINISTRATIVE RELIEF FOR DEPARTMENT ONLY Date of filing with the Planning Director j o r SIG Owner Authorized Representative Applicant's Name: r, Xf Applicant's mailing address: Owner's name (if applicant is not owner): Owner's address: 1\j C'ZT A b r? ��/1 h2y�_ Phone: 4 '� C E G¢ 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# Uu S /?, ! c; d 6-2, Legal description (attach metes and bounds description if necessary): e) DO C;� c �. Permit* U,_4 -_ � -- Date of most recent ROGO application: What kind of administrative relief are you seeking? S, An1- 6G f---C...,�_ Additional Comments: NOTARY: STATE OF FLORIDA Applicant's Signature The foregoing signature was acknowledged before me this 15 day of I LLt, 20 L, E5 By as N. SUAREZ-CANNON - , Pubilc - stMe of FWWN Aires: MCcm s nrD�1%2" NrtfonaiN taryAn& produced CL� Sigrrafure of Notary Public Peke 2 0( 2 L_ G,n ,h Manegurcnt�Piamunglt'e�nek-N�co keP-�mwg ,�M+(rcatamV Crtvn�strouve Raluf dux 12�OJ3 ROGO RESCORE SHEET Applicant cal rt on Planning Department Points: Permit # Date /0 && - k4 Scored By:_.gB 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 7. (10) Perseverance Points: # of full years in system a) 1 point / year for first 4 years ... ..................................................... 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 �-/ EXISTING BUILDING POINTS 'r 7 Wspl Znr)o PREVIOUS POINT TO AL: 1 st ENTRY DATE: 5" 2 nd ENTRY DATE: id /S/o e LATEST ENTRY DATE: 1 o�$ g RESCORE FOR PERSERI(ERANC6PbINTS: POINTS ADDED: � RESCORE FOR LAND DONATIONS: LOT(S) DONATED: POINTS ADDED: RESCORE FOR POINTS ADDED: NEW RESCORE TOTAL: 0 7 L �;?'6 Residential Dwelling Unit Allocation Evaluation — Summary Scoring Sheet Applicant: C GLyl T1File: Planning Department Points Scored By: l� 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 7. (10) Perseverance Points: # of full years in system a) 1 point / year for first 4 years ...... .................................................... 1 Point b) 2 points / year each year after 4 full years ......................................... 2 Points 8. (13) Offshore Island Land Use District............................................................ -10 Points 9. (15) 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. 11 H 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 windioad 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 windioad 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 (V 11/8/2001 Page 1 of 3 M M CONTNUED: Applicant:_ C4-0 Y),CP kJ File: 6 Date: I Li� 0-3 Environmental Resources Department Points Scored By: Subject property requires wetland mitigation (AIDID): YES _ NO 1. (7) Habitat Protection: a) Group 4 ............................................... ................................... -10 Points b) Group 3 .............. ....................... — .......................................... -5 Points c) Group 2 .......... ................................................. ........................ -2 Points d) Group I - . ........... ...................................................................... 9) Multiple Groups 1 Point + ............................................................... -- ........ 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 or C.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 I Point Environmental Resources Department Subtotal: 4 Changes ROGO Score Sheet IV 11/8/2001 Page 2 of 3 CONTINUED: Applicant: Cct ►'' in e:!:1 rI File.-0 - _ 3- 2 471 Date:_ (.d p3 Building Department Points Scored Bv: _ a) (11) Coastal high Hazard Area: a) A Zone .................................... ........... b) V Zone ................................ ....................... Points c) X Zone ............ 1 Point b) (12) Coastal Bawler 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. Cistern or min. 20 da salt ter conversion reverse osmosis facility OR ec a of 2,500 gal. Ciste or min. 50 gal/day saltwater conversion reverse osmosis 1 Point d) (17) Energy Conservation: ( FKEC and CES service area only ) a) HVAC with rating of 12 or better ..................................................... b) Solar hot water system with min. FEF of 5 AND/OR min. 14 kWh/day 1 Point -If photovoltaic system on grid AND/OR domestic hot water heat recovery unit 1 Point 1 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 ....................................................... c) Min peak wind load of 175 mph 1 Point - f—�-- ........................................................ f) (19) Modest Housing: 1 Point .�._ 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 f� c) Attached MODULAR residential dwelling unit which meets minimum windload requirement for Monroe County, YES NO Building Department Subtotal: -t- 7 Final Review By : Total Score: Changes ROGO Score Sheet IV 11/8/2001 Page 3 of 3 dcd d H H H Z J OD Ln H co r-I po x O Q 2 U � a � a � rl C 10 a �Lr) 0 o �CL N V H oa G �-7 O O 0 0 �y O � I � M p V .. .. Ln r l p Ln- f:�Z � O O> FC fj) awva W :L H G x E-+ >+ 1n a< FL, Ca i z C(A Hz y ao f) m to O al a H aalo w H zz as w a rj� > H H W rn � H w H ti az c� c� �w v� D �Z w >C Z <a r» 0� H co Ez w Gi H w Cl O U w F C U 11 p 0 H w z w Qfl o� ww in000000000000000000 u'1 Jl Ln �n tf7 if7 H.-i u}0000000 ���OCOC.^r-i ,-+NOOK-+C C)C0000 x H F O C,O O O OO O O O O O OGO OC%O O O a E W x w 410 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a p U) cn KC WLnLnC)00000000000000000 b(r)(nc) C u� Ln Ul a-,LnLn -I-iLn0000000 r-�m v�0000N OO.-10000000 F 0 W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 H w U o 000c00000000o0000000 a t77 0 0 0 C 0 0 0 0 0 0 C 0 0 0 0 0 0 0 0 0 0 z a v; rn �U u�OdOvO000000'00 G O 00(D C�t00 ul tP Ui u) � L') H'n0000000 �7FZClcjLnu)O 71 NOO I u t F.:CacrmO000HHH CV CD Z) 000000 ------------ F w �n �z �ri h H> C:�CZN^"��rttrDl-mrnor+Nr r�^�cr�mJ•-+ CS�a mrna-,o)cn ,�arnoo C,lJ� C`rhCr, G17`,I',,S O",D0 H u,00CG O Ov GOG,O 00000^Cd0 cnF N O C� WO x H N U<� 0 Ln O Izwcoo C40c LL a >o 000 W W 0 0 0 a V 0 0 0 F� H c4 �Z>>> >H � gym-+ r--I r-I RS a a.� a-� a a a G rCF- r� :D Z (DI Z:) �p000 aocop H H H �zS z z H w c� cz a ZD a H U) moo Z 333: H N' r s]Wdi,00 aH0M0' �KiN�r1 cv m - H LQ CD xCa,O�N -i (r 1Ccn On RE- APPLICATION Ft A: No. of New Points ^dded I PROPOSED TIER Perseverance Point: __1-__$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. 3143 3,411 Owner(s) Name: O �C4�-C C -) / ,&J Ph. (W) (H) Street Address: / mil City: LL 46A-; O State: Zip: -3 �'3 x Agent's Name: - t -a, A Ph. (H) Street Address: rx'� i �f 5 f" y City: J -rlc)( 66-State: R Zip: ` 3CJ3-(-_'- PROPERTY DESCRIPTION: Lot ­�' Block Subdivision Z G)6_ ns Key: % CJ Street: 13 Ott, h MM:�Gj ��RE: If metes and bounds, attach legal description on separate sheet. NUMBER OF UNITS: Mobile Home:_ House: I 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/v The unit(s) will be affordable housing. Attachment required is a current affordable housing approval from the Planning Department. Property Information for 1632449 Page I of 2 Home Departmgnts ESgTnpbgn3 4n1iwR Data Ccocu- Form3 '10% ' I, U06 1 I:50XN1 Contact. the MCP_A office_ 1'nder `.`10r:da law, -:uad addresses are public eecords li v,ru du not want �,,ur e-maw! addrrtic rcica- ed in wy(ul;c ro a public rccerds regncet, dry rot ;end matl ft> criut. Instead, contact t(trs office be phr,ne or in writing f ,S 668 bt)-6 ONLINE DATA CENTER - RECORDS SEARCH PROPERTY INFORMATION FOR: Alternate Key: 1632449 RE Number: 00513130-000000 Print Search Again Ask Question about this Farce# OWNER OF RECORD BOWEN LLC 16 NOR I'i I DR KEY LARGO FL 33037 PHYSICAL LOCATION KEY LARGO LEGAL DESCRIPTION BK 14 1,F 8 BOWENS ADDN CO RIVIERA VILLAGE; KEY LARGO-PB2-107 OR476-560/61 OR796-727 OR999-2069 OR 1324-1960 OR 1761- 305 OR2190-1863i64Q/C SUBDIVISION: BOWENS ADD RIVIERA VILLAGE SECTION, TOWNSHIP, RANGE 12 - 61 - 39 MILLAGE GROUP 500K Estimate Taxes PC CODE 00 - VACANJ RESIDEN HAL i.auu Lriaiis LAND USE CODE PROPERTY MAP .. I .. ! Tit BOWDFtd BOWEN OR f J J w SIAW I I I I � a y Map Size r None r Small r Medium r Large LAND AREA http://www.mepafl.org/datacenter/searcIVrecord.asp 1 1 /21/2006 Property Information for 1632449 Page 2 of 2 u El rarcei vane nlstory TAX ROLL YEAR BUILDING MISCELLANEOUS LAND JIsST EXEMPTIONS (NOT ENIPROVEMENTS INCLUDING SENIORS) TAXABLE 2006 0 0 701000 70.000 0 70.0w 2005 0 0 14.000 14,000 0 1.1,000 2004 0 0 14,000 14.000 0 14,000 2003 0 0 10,500 10.500 0 10,500 1 NI LCI JiI ICJ RIJtV1_y Ol R RECORDS ARE 'CYPICALLY IWO TO TIIREE NIONTFIS BEHIND FROM THE. DATE OF SALE, IF A RV(CENT SALE DOES NOT SHOW UP PLEASE GIVE OUR OFFICE TIME TO PROCESS IT. SALE DATE OFFICIAL RECORDS PRICE INSTRUMENT BOOKfPAGE 02/2002 1761 /0305 36,000 W p 08/ 1994 13 24/ 1960 24,000 W D 01 / 1987 999/2069 1 1,0(N1 W D View Tax Collector Record This page has been visited 12,803 times. http://www.mepafl.org/datacenter/search/record.asp 11 /21 /2006 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 19 2007 Division: Growth Management Bulk Item: Yes — No X Department:_ Planning and Env. Resources Staff Contact: Tiffany Stankiewicz Ralph Goulds_ AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for Darren Scott on Lots 4 & 5, Block 2, Winston Park Subdivision, Key Largo, Real Estate Number 00545660.000000 & 00545650.000000 . ITEM BACKGROUND: A building permit was applied for on 1/13/2003 and a ROGO application was applied for on 11/10/2003. The applicant applied for administrative relief on 8/20/2007 and is within the allowable time frame to be eligible for administrative relief under Section9.5-122.3 of the Monroe County Code. Staff recommends that administrative relief be awarded in the form of (1) dwelling unit allocation. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval in the form of (1) dwelling unit 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 DARREN SCOTT ON PROPERTY DESCRIBED AS LOTS 4 & 5, BLOCK 2, WINSTON PARK SUBDIVISION, KEY LARGO, RE # 00545650.000000 & 00545660.000000 OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Darren Scott submitted an application for administrative relief under Sec. 9.5-122.3 of the Monroe County Land Development Regulations; and WHEREAS, the Monroe County Board of County Commissioners makes the following findings of fact and conclusions of law: 1. The application for administrative relief from Darren Scott is for Lots 4 & 5 (to be aggregated), Block 2, Winston Park Subdivision, Key Largo in Monroe County, Florida having RE# 00545650.000000 & 00545660.000000. 2. The date of the ROGO application is November 10, 2003. 3. The ROGO allocation application has been in the ROGO system for at least four (4) consecutive years and qualifies for administrative relief under Policy 101.6.1 of the Monroe County Year 2010 Comprehensive Plan. 4. Monroe County Code (MCC) Section 9.5-122.3 provides a mechanism whereby an applicant who has not received an allocation award in ROGO may apply to the Board of County Commissioners for administrative relief. 5. The Board of County Commissioners (BOCC) has the authority to grant administrative relief under Section 9.5-122.3(f) 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 August 20, 2007, under Section 9.5-122.3 of the MCC and Policy 101.6.1 of the 2010 Comprehensive Plan. 7. Policy 101.6.5 of the 2010 Comprehensive Plan provides criteria to be used for determining lands that are appropriate for acquisition and the criteria includes the environmental sensitivity of the vegetative habitat on the lot and the applicable Tier designation. 8. The subject property has the land use district designation of Improved Subdivision (IS), is located in the Winston Park Subdivision and is located in a Tier 3 designated area. ADMINISTRATIVE RELIEF RESOLUTION Page 1 of 2 SCOTT, RE# 00545660.000000 03-30-0149 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to Darren Scott, for Lots 4 & 5, Block 2, Winston Park 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 9.5-122.3 of the Monroe County Code. 2. Lots 4 & 5, Block 2, Winston Park Subdivision, Key Largo will be aggregated as applied for on the ROGO application. 3. The allocation award shall be taken out of the next quarterly allocation which closes on January 15, 2008 or in the succeeding quarterly allocation period in which administrative relief allocations are available. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 191h day of December, 2007. Mayor Charles "Sonny" McCoy Mayor Pro Tem, Mario Di Gennaro Commissioner Dixie Spehar Commissioner George Neugent Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 131 (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK ADMINISTRATIVE RELIEF RESOLUTION SCO T, RE# 00545660.000000 03-30-0] 49 Mayor Charles "Sonny" McCoy MONROE COUNTY ATTORNEY APP ED TO FORM Page 2 of 2 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 =To 2T 11��\ =' ! It 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 Resources -0.. Through: Townsley Schwab, Acting Director of Planning & Environmental Resources Date: December 3, 2007 Subject: Request for Administrative Relief Lots 4 & 5, Block 2, Winston Park Subdivision, Key Largo Real Estate No. 00545650.000000 & 00545660.000000 L BACKGROUND The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling unit allocation system and having been considered in at least in the first sixteen consecutive quarterly allocation periods and have not receive an allocation award. Date Entered ROGO: 11/10/2003 Date Entered Administrative Relief. 8/20/2007 Tier Score: 38 Tier 3: 30 Aggregation: 4 Perseverance: 4 11. CURRENT CONDITIONS Location: Lots 4 & 5, Block 2, Winston Park Subdivision, Key Largo, Real Estate No. 00545650.000000 & 00545660.000000 Owner: Darren Scott Land Use District: Improved Subdivision (IS) Tier: III 2007 Taxable Value for Lot 4: $44,100 Page I of 2 03-30-0149 Applicant/Agent: NA FLUM: Residential Medium (RM) Purchase Price in 2002: $1. Reviewed by —!2-_ 1 2 2007 Taxable Value for Lot 5: $44,100 Purchase Price in 2002: $30,000. 3 4 III. LEGAL ELIGIBILITY AND OPTIONS 5 6 Eligibility for Administrative Relief Options: 7 Section 9.5-122.3 of the Monroe County Land Development Regulations and Policy 101.6.1 or 8 the 2010 Comprehensive Plan provides a mechanism whereby an applicant who has not received 9 an allocation award in ROGO may apply to the Board of County Commissioners for 10 Administrative Relief. The applicant is eligible for Administrative Relief having complied with 11 all requirements of the dwelling unit allocation system and having been considered in at least in 12 the first sixteen consecutive quarterly allocation periods and has not received an allocation 13 award. The applicant has timely requested administrative relief in the form of a granting of one 14 (1) ROGO allocation and has not expressed a desire to sell the property to the County. 15 16 Relief Options under Administrative Relief. 17 The remedies available for Administrative Relief pursuant to Section 9.5-122.3 includes: 18 19 1. Offer to purchase the property at its fair market value as its preferred action if the 20 property is located within: a) a designated Tier I area; b adesignated ) Tier II area 21 (Big Pine Key and No Name Key); c) a designated Tier III -A area (Special 22 Protection Area); or d) a designated Tier III area on a non -waterfront lot suitable 23 for affordable housing. 24 2. Grant the applicant an allocation award for all or a number of dwelling units 25 requested in the next succeeding quarterly allocation period or extended pro rata 26 over several succeeding quarterly allocation periods as the preferred action for 27 buidable properties not meeting any of the criteria in (1) above. 28 3. Suggest or provide such other relief as may be necessary and appropriate. 29 30 In the event purchase is recommended and the owner refuses the purchase offer the 31 applicant may remain in the ROGO System and continue earning perseverance points 32 according to the vesting provision of Tier Ordinance 009-2007. 33 34 IV. RECOMMENDATION 35 36 It is recommended that the Board of County Commissioners find that the applicant has met the 37 criteria and qualifies for Administrative Relief. It is further recommended that a Resolution be 38 prepared that establishes this relief awarding one (1) ROGO allocation in the next quarterly 39 ROGO allocation period which closes January 15, 2008, or a succeeding quarterly allocation 40 period in which administrative relieve allocations are available. 41 42 Page 2 of 2 03-30-0149 Reviewed by_�5_ Commissioner Charles " Sonny' McCoy, RESOLUTION N0223 -2004 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DIRECTING MONROE COUNTY'S GROWTH MANAGEMENT DIVISION TO MONITOR, LET 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 OF MONROE COUNTY, THATCOUNTY COMMISSIONERS : Monroe County's Growth Management Division is hereby directed to: 1 Closelymonitor those small parcels in the CNA areas P to prevent un-permitted clearing. • Limit the issuance of permits for land clearing so that the best good, including the encouragement of building affordable housing are s r the public gProtected. 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 o th Mayor Murray Nelsons Mayor Pro Tem David P. Ricers I- ry Z Zo `r' �► Commissioner Charles "Sonny" McCoy es � C'" N 0 O Commissioner George Neugent yes 0 z, ap Commissioner Dixie Spehar -y-t1s "*C-)r- �o (SEAL) S r" N Attest: any 1 lhrge Clerk BOARD OF COUNTY COMMISSIONERS OF CA O M0IVROE C TY, FLORIDA B: DeP Clerk Ey.- MONROE COUNTY ATTORNEY 1YOR APP OV AS TO FORM: Q o= � . c TJOHN R. COLLINS COUNTY ATTORNEY n =Director t �•• • �� APPLICATION FOR ADMINISTRATIVE RELIEF -;--� Administrative Relief fee: $760.00 Owner's Name: ► J ,Q (Z Owner's mailing address: ISObX �J 32 �1_Y LAQo Z= L �-�C, Phone: 30:�'— J`JZ ' t/85-7 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# 00 yL, 5-0 00 Legal description (attach metes and bounds description if necessary): W Permit Date of most recent ROGO application:_. What kind of administrative relief are you seeking Additional Comments: NOTARY: STATE OF FLO DA COUNTY OF MO/tfie4C Applicant's Signature The foregoing signature was acknowledged before me this o20�day of 1-0&057- 20� By J)Aee6-1J SCciTT who is personally known to me or produced as identification. 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CVlt l j OVO OVO O O l0 Can Can Can (Olt ONO ONO ONO ONO ONO ONO Colt Can Can O o O :X 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a o 0 0 3 o Ib � lC I � .. j N 0 —i -*� N A N A N G11 Cn W CJi Cn Cn 00 00 OD 90 00 V V V V V �! 40 00 00 tp ja CD �x OW OVO OW WW OW A O Con 00LonA 00 Lon A A A 4 A 0 Cn Cn A iD A A Im CJ)t VO VO CJt loll<n Co lll ONO ONO OND N " O O O (all Can Uat ICCD c O lD O C O V <D 0 O mn Om n a� a m n Z �► lD �p v� d CD CO , N CA O N � O Ut O O V O v 00 D M ;u c a n o 00 A) N CD O � O co 6 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 19 2007 Division: Growth Management Bulk Item: Yes No X Department: Planning and Env. Resources Staff Contact: Tiffany Staniewicz, Ralph Gouldy AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for Jorge & Giselle Sanabria on Lot 3, Block 2, Sunset Waterways Subdivision, Key Largo, Real Estate Number 00529800.000100. ITEM BACKGROUND: A building permit was applied for on 2/28/2003 and a ROGO application was applied for on 3/27/2003. The applicant applied for administrative relief on 3/1.3I07 and is within the allowable time frame to be eligible for administrative relief under Section 9.5-122.3 of the Monroe County Code. Staff recommends that administrative relief be awarded in the form. of (1) dwelling unit allocation. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: NIA STAFF RECOMMENDATIONS: Approval in the form of (1) dwelling unit allocation. TOTAL COST: N/A BUDGETED: Yes N/A No COST TO COUNTY: NIA SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management _NIA. DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # RESOLUTION NO. —2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY JORGE & GISELLE SANABRIA ON PROPERTY DESCRIBED AS LOT 3, BLOCK 2, SUNSET WATERWAYS SUBDIVISION, KEY LARGO, RE # 00529800.000100 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Jorge & Giselle administrative relief under Sec. 9.5-122.3 Regulations, and Sanabria submitted an application for of the Monroe County Land Development 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 Jorge & Giselle Sanabria is for Lot 3, Block 2, Sunset Waterways Subdivision, Key Largo in Monroe County, Florida having RE# 00529800.000100, 2. The date of the ROGO application is March 27, 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 9.5-122.3 provides a mechanism whereby an applicant who has not received an allocation award in ROGO may apply to the Board of County Commissioners for administrative relief. 5. The Board of County Commissioners (BOCC) has the authority to grant administrative relief under Section 9.5-122.3(f) 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 March 13, 2007, under Section 9.5-122.3 of the MCC and Policy 101.6.1 of the 2010 Comprehensive Plan. 7. Policy 101.6.5 of the 2010 Comprehensive Plan provides criteria to be used for determining lands that are appropriate for acquisition and the criteria includes the environmental sensitivity of the vegetative habitat on the lot and the applicable Tier designation. ADMINISTRATIVE RElIFF R6S0LUTIGN SANABFIA, RE# 00529900.000100 03-30-0799 Page 1 of 2 8. The subject property has the land use district designation of Improved Subdivision (IS), is located in the Sunset Waterways Subdivision and is located in a Tier 3 designated area. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to Jorge & Giselle Sanabria, for Lot 3, Block 2, Sunset Waterways 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 9.5-122.3 of the Monroe County Code. 2. The allocation award shall be taken out of the next quarterly allocation which closes on January 15, 2008 or in the succeeding quarterly allocation period in which administrative relief allocations are available. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 19th _ day of December, 2007. Mayor Charles "Sonny" McCoy Mayor Pro Tem, Mario Di Gennaro Commissioner Dixie Spehar Commissioner George Neugent Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA M. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK ADMINISTRATIVE R£LI£F R£soI„UTION SANABRIA, R.E# 00529800.000100 03-30-0799 Mayor Charles "Sonny" McCoy :MONROE COUNTY AT70ANEY APB ova TfloR� Eta e: Page 2 of 2 "4 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 Resources Through: Townsley Schwab, Acting Director of Planning & Environmental Resources -9 Date: December 3, 2007 Subject: Request for Administrative Relief Lot 3, Bloch 2, Sunset Waterways Subdivision, Key Largo Real Estate No. 00529800.0001.00 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 in the first sixteen 5 consecutive quarterly allocation periods and have not receive an allocation award. 6 7 Date Entered ROGO: 3/27/2003 8 9 Date Entered Administrative .Relief: 3/13/07 10 11 Tier Score: 34 12 Tier 3: 30 13 Perseverance: 4 14 15 11. CURRENT CONDITIONS 16 17 Location: Lot 3, Block 2, Sunset Waterways Subdivision, Key Largo, Real Estate No. 18 00529800,000100 19 20 Owner: Jorge & Giselle Sanabria Applicant/Agent: A. Tobin 21 22 Land Use District: Improved Subdivision (IS) FLUM: Residential Medium (RM) 23 24 Tier: Ill 25 26 2007 Taxable Value: $60,293 Purchase Price: Not available on current property record card. 27 Page I of 2 Reviewed by 03-30-0799 1 III. LEGAL ELIGIBILITY AND OPTIONS 2 3 Eligibility for Administrative Relief Options: 4 Section 9.5-122.3 of the Monroe County Land Development Regulations and Policy 101.6.1 or 5 the 2010 Comprehensive Plan provides a mechanism whereby an applicant who has not received 6 an allocation award in ROGO may apply to the Board of County Commissioners for 7 Administrative Relief. The applicant is eligible for Administrative Relief having complied with 8 all requirements of the dwelling unit allocation system and having been considered in at least in 9 the first sixteen consecutive quarterly allocation periods and has not received an allocation 10 award. The applicant has timely requested administrative relief in the form of a granting of one 1 1 (1) ROGO allocation and has not expressed a desire to sell the property to the County. 12 13 Relief Options under Administrative Relief: 14 The remedies available for Administrative Relief pursuant to Section 9.5-122.3 includes: 15 16 a. Offer to purchase the property at its fair market value as its preferred action if the 17 property is located within: a) a designated Tier I area; b) a designated Tier 11 area 18 (Big Pine Key and No Name Key); c) a designated Tier 111-A area (Special 19 Protection Area); or d) a designated Tier III area on a non -waterfront lot suitable 20 for affordable housing. 21 b. Grant the applicant an allocation award for all or a number of dwelling units 22 requested in the next succeeding quarterly allocation period or extended pro rata 23 over several succeeding quarterly allocation periods as the preferred action for 24 buidable properties not meeting any of the criteria in (1) above. 25 c. Suggest or provide such other relief as may be necessary and appropriate. 26 27 In the event purchase is recommended and the owner refuses the purchase offer the 28 applicant may remain in the ROGO System and continue earning perseverance points 29 according to the vesting provision of Tier Ordinance 009-2007. 30 31 IV. REcommENIIATION 32 33 It is recommended that the Board of County Commissioners find that the applicant has met the 34 criteria and qualifies for Administrative Relief It is further recommended that a Resolution be 35 prepared that establishes this relief awarding one (1) ROGO allocation in the next quarterly 36 ROGO allocation period which closes January 15, 2008, or a succeeding quarterly allocation 37 period in which administrative relieve allocations are available. 38 39 Page 2 of 2 Reviewed by -� 03-30-0799 COamssioner Charles "Somv', McCoy RESOLUTION M1O�23 -2004 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DIRECTING MONROE COUNTY S ' GROWTH MANAGEMENT DIVISION TO MONITOR, LIlM1T ISSUANCE OF PERMITS FOR LAND CLEARING IN THE BEST INTEREST AND PROTECTION OF THE PUBLIC GOOD AND IDENTIFY TO THE LAND A UTHORIT'y 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 stand 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- A permitted clearing. 2. Limit the issuance of permits for land clearing so that the best irrte good, including the encouragement of building affordable housin of the public & p otected. . Identify these small parcels, not covered by the "Florida Forever Funds" to the band Authority for recommended purchase_ PASSED AND ADOPTED by the Board of County Commissioners of Monroe County day Of June, 2004. o my thi 4 th Mayor Murrayy Nelsons � r Mayor Pro Tem David P. RiceeS �; ' : f'► Commissioner Charles " Sonny McCoy es c n N 7 Commissioner George Neugent des k DO Commissioner Dixie Spehar (SEAL) m ti Attest Dann),L BOARD OF COUNTY COMMISSIONERS OF ct"'n ' large, Clerk MONROE C%UNTY, FLORIDA Bv� � ep Clerk By —.. MONROE COUNTY ATTORNEY MAYOR �APPKQVW AS TO FARM: JOHN R COLLlN5 oars a CouNrY Ar-rnq EY • is H ANDREW M. TOBIN, PA Attorney at Law TobinLaw@Terran°va.net Post Office Box 620 Tavernier, Florida 33070 Telephone 305-852-3388 March 6, 2007 Aref Joulani, Acting Planning Director Planning Department 2798 Overseas Highway, Suite 410 Marathon, FL 33050 Re: Sanabria — Administrative Relief Dear Mr. Joulani; The following documents are enclosed: • Application for Administrative Relief • Check #3838 in the amount of $760.00 • Authorization Land Use & Zoning Law Environmental Law Administrative Law Appellate Practice Real Estate Closings Please schedule this matter for hearing before the Board of County Commissioners at the next available time. If any further documents are required, feel free to contact our office. Thank you for your cooperation. Sincerely, pojvv� Pamela Piton Legal Assistant Feb 28 �-'007 10:45AM ndrew Tobin, PA 05l 852-6957 p.2 AUTHORIZATION TO REPRESENT The undersigned hereby authorize Andrew M. Tobin, Esq. to represent and act as the agent for the undersigned in any and all building and zoning matters, applications, and administrative proceedings before Monroe County, Florida regarding the following property: 63 Waterways Drive, Key Largo, FL 33037, also described as: SUNSET WATERWAYS, PB4-31 KEY LARGO LOTS 3-4, BLOCK 2 State ofEUP—W— 2 County of r f O LL Sworn to and subscribed before me on this day of _Z�/ 4 elfi— , 2007, by .fib IZ-G G S �►� T� J ;wh:o7red the following as identification r N—UTARY PUBLIC My commission expires: El Patmis A. O Brian My Commission DD264145 a Expires January 31 2008 -in 2A 2007 8:03RM E -Ir'ew Tabin, PA (A05J 952-6957 P.2 El ANDREW 11. TOBIN, PA Attorney at Lave :2obudAwOratra,nova net Post Office Box 620 Tavernier, Florida 33070 Telephone 305-852-3388 October 23, 2007 Tiffany Stankiewicz, Planning Tech Marathon Government Center 2798 Overseas Highway Marathon, Florida 33050 :.and Lee & !cmngLaw Envirmnentol Law Adwinis,,rative L&w Appallata P:ac" U"-) Enoe ;I"inp Re: Jorge and Giselle Sanabria Lot 3, Block 2, Sunset Waterways Dear Tiffany; Although the first Administrative Relief application submitted on March F, 2007 had the wrong RE number, the number was corrected in June, 2007. I do not understand why we had not been contacted earlier as it has been months. This letter confirms that Real Estate * 00529800-000100 is correct for the above listed property. Please wove this application along immediately and schedule a hearing at the next available Board of County Commissioners meeting. Do not hesitate to contact our office if further information is needed. Sincerely, Pamela Piton Legal Assistant Page I of I Stankiewicz-Tiffany From: Stankiewicz-Tiffany Sent: Thursday, September 20, 2007 92:37 PM To: 'Andrew Tobin' Subject: RE: Sanabria Hello Andy, Administrative relief applications need to have staff analysis and a staff report prepared. I forwarded the new information submitted to the upper keys office. Therefore, the upper keys office will be reviewing the application and preparing a report. Once they complete the analysis and make a recommendation the proposed reports ect will be forwarded to this office for review and finalization to forward to the Board of County Commissioners. It is anticipated to go to the Board of County Commission meeting in Dec. Once it is advertised notices will be sent to the applicants advising of the meeting date. Sincerely, Tiffany From: Andrew Tobin [mailto:tobinlaw@terranova.net] Sent: Thursday, September 20, 2007 10:19 AM To: Stankiewicz-Tiffany Subject: Sanabria ; 0 Tiffany, l received a message that the application had been sent to PK for further review. Can you tell me what is going on, and when the matter will be heard by the BOCC. Thanks for your help. Andy Andrew M. Tobin, Esq. Attorney at Law P.O. Box 620 Tavernier, FL 33070 305.852.3388 tobinlaw@terranova.net This electronic communication, including any attachments, contains information from the law firm of Andrew M. Tobin, P.A. that may be legally privileged, protected, confidential, and/or exempt from disclosure under law, if you are no t the intended recipient of this message you are hereby notified that any review, use, disclosure, copying, distribution, or the taking of any action in reliance on the contents of this e-mail or any attachments is strictly prohibited. 0 : t 0/24/2007 Property Information for 16.49023 Page 1 of 3 Ilene IVvp rtm-ents ExempfiQt15 Online p�fa_C�nter EQ_rrgS May 8, 2007 3;1711%1 Contact the M-CPA office. Under Florida law, e-mail addresses are public records_ If you do not want your 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. 668.6676 AIA%w&. r,.zl"iff NAnariv. Annnicar ONLINE DATA CENTER RECORDSSEARCH PROPERTY INFORMATION FOR: Alternate Key: 1649023 RE Number: 00529800-000000 Print Search Again Ask Question about this Parcel OWNER OF RECORD PROPERTY MAP SANABRIA JORGE AND GISELLE 63 WATERWAY DR KEY LARGO FL 33037 5298'!t1 �p 52984{1 PHYSICAL LOCATION � 63 WATERWAYS DR KEY LARGO _._ 64 "22 LEGAL DESCRIPTION SUNSET WATERWAYS P134-31 KEY LARGO LOTS 3-4 BK 2 OR536-618 OR816-2452 OR877- 1455 OR1130-1099(JB) OR 167-2129(JB) 780 OR1411-2449(JB) OR1423-1800 OR1582-166QC` OR1582-167 OR1618-1891QC SUBDIVISION: SUNSET WATERWAYS 4 S - SECTION, TOWNSHIP, RANGE Canal 28-61-39 1 625 MILEAGE GROUP 1 1 W30 529T40 500K 1 IQ Estimate Taxes =' it j y PC CODE Map Size r None r Small r Medium r Large 0100 - SINGLE FAMILY Aerial View: r Off C On Land Details http://www.mcpafl.org/datacenter/scarch/record.asp 5/8/2007 Property Information for 1649023 Page 2 of 3 u 01 OW - RES WATERFRONT 0 0 5950 SF Z10W - CONTIG SFR CANAL 75 100 7500 SF -winmary of Duuuings NUMBER OF BUILDINGS TOTAL LIVLNG AREA 1 1644 NUMBER OF COMMERCIAL BUILDINGS YEAR BUILT 0 1995 Lullulu Z, �.H4/aG16l 131163 "MIu IHV 11U 1 _.... BUILDING TYPE R I CONDITION G QUALITY GRADE 500 EFFECTIVE AGE 9 PERIMETER 244 DEPRECIATION % 9 YEAR BUILT 1995 SPECIAL ARCH 0 GRND FLOOR AREA 1644 FUNCTIONAL OBS 0 ECONOMIC OBS 0 INCLUSIONS: RI includes 13-fixture bath and 1 kitchen. ROOF TYPE MANSARD ROOF COVER CONC/CLAY TILE HEAT 1 NONE HEAT 2 NONE FOUNDATION CONC PILINGS BEDROOMS 2 HEAT SRC 1 NONE HEAT SRC 2 NONE EXTRA FEATURES: 2 FIX BATH l 4 FIX BATH 1 6 FIX BATH 0 EXTRA FIX 0 VACUUM 0 SECURITY 0 GARBAGE DISPOSAL 0 3 Fix BATH 0 5 FIX BATH 0 7 FIX BATH 0 DISHWASHER 0 INTERCOM 0 FIREPLACES 0 COMPACTOR 0 TYPE NBR EXTERIOR WALL TYPE # STORIES YEAR BUILT ATTIC A/C BASEMENT % FINISHED BASEMENT % AREA OPX 1 5:C.B.S. 1 1995 N Y 0 0 288 SBF 2 5:C.B.S. 1 1995 N Y 0 0 312 GBF 3 5:C.B.S. 1 1995 N Y 0 0 288 FLA 4 5:C.B.S. 1 1995 N Y 0 0 756 OPX 5 5:C.B.S. 1 1995 N Y 0 0 132 SPF 6 5:C.B.S. 1 1995 N Y 0 0 234 FLA 7 5:C.B.S. 1 1995 N Y 0 0 888 SPF 8 5:C.B.S. 1 1995 N Y 0 0 234 # UNITS TYPE LENGTH WIDTH YEAR BUILT ROLL YEAR GRADE LIFE 375 SF 25 15 1994 1995 4 40 325 SF 25 13 1994 1995 2 50 100 SF 0 0 1994 1995 2 50 1 UT 0 0 1995 2004 3 20 95 SF 5 19 1995 2004 1 40 -Parcel Value History TAX ROLL YEAR BUILDING MISCELLANEOUS LAND JUST EXEMPTIONS (NOT TAXABLE IMPROVEMENTS INCLUDING SENIORS) 2006 376,090 9,417 298,000 683,507 25,000 500,926 2005 231.172 9,698 269.738 510,608 25,000 485,608 2004 226,548 10,055 282,463 519,066 0 519,066 2003 186,591 4,656 168,088 359335 0 359,335 2002 223,760 4,792 52,063 280,615 0 280,615 2001 174,813 4,905 41,650 221,368 0 221,368 2000 174,813 2,250 29,750 206,813 0 206.813 1999 174.813 2,301 29,750 206,864 0 206,864 1998 174,813 2,365 29,750 206,928 0 206,928 1"7 167.820 2,320 29,750 199.890 0 199,890 1996 167,820 2,382 29,750 199,952 0 199,952 1995 0 0 29,750 29,750 0 29,750 http://www.mcpafl.org/datacenter/search/record.asp 5/8/2007 Property Information for 1 023 Page 3 of 3 um n 1994 3 t,238 31,238 1993 0 0 31,238 31,238 0 31,238 1992 0 0 31,238 31,238 0 31,238 1991 0 0 31,238 31,238 0 31,238 1990 0 0 31,238 31,238 0 31,238 1989 0 0 28,263 28,263 0 28,263 1988 0 0 28,263 28,263 0 28,263 1987 0 0 28,263 28,263 0 28,263 1986 0 0 28,263 28,263 0 28,263 1985 0 0 28,263 28,263 0 28,263 1984 0 0 28,263 28,263 0 28,263 1983 0 0 24,818 24,818 0 24,818 1982 0 0 24,818 24,818 0 24,818 Parcel Sales History NOTE - OUR RECORDS ARE TYPICALLY MO To THREE MONTHS BEHIND FROM THE DATE OF SALE. IF A RECENT SALE; DOES NOT SHOW UP PLEASE GIVE OUR OFFICE TIME TO PROCESS IT. SALE DATE OFFICIAL RECORDS PRICE INSTRUMENT BOOK/PAGE 07/2003 1925/2217 610,000 WD 04/2002 1783/172 395,000 WD 05/1999 1582/167 320,000 WD 07/1996 1411/2449 220,000 WD 04/1990 1130/1099 32,000 WD 02/1983 877/1455 1,000 WD View Tax Collector Record This page has been visited 5,815 times. http://www.mcpafl.org/datacenter/search/record.asp 5/8/2007 E Property [nformation for 16 23 MONROE COUNTY PROPERTY APPRAISER PROPERTY INFORMATION FOR: Alternate Key: 1649023 RE Number: 00529800-000000 OWNER. OF RECORD_ SANABRIA JORGE AND GISELLE 63 WATERWAY DR KEY LARGO FL 33037 PHYSICAL LOCATION 63 WATERWAYS DR KEY LARGO LEGAL DESCRIPTION SUNSET WATERWAYS P134-31 KEY LARGO LOTS 3-4 BK 2 OR536-618 OR816-2452 OR877-1455 OR] 130-1099 (JB) OR1167-2129(JB) OR1411-2449(JB) OR1423-1800 ORI582-166QC ORI582-167 OR] 618-1891QC SUBDIVISION: SUNSET WATERWAYS SECTION, TOWNSHIP RANGE 28-61 -39 MILLAGE GROUP 500K PC_CODE 0100 - SINGLE FAMILY PROPERTY MAP Page 1 of 3 529810., 529830 529M 4 4,22 ,. �a 3 Canal h 529130 $28r40 Land Details LAND USE ODE FRONTAGE DEPTH LAND AREA 010W - RES WATERFRONT 0 0 5950 SF Zl OW - CONTIG SFR CANAL 75 100 7500 SF summary of Lsunulni s NUMBER OF BUILDINGS TOTAL LIVING AREA 1 1644 NUMBER OF COMMERCIAL BUILDINGS YEAR BUILT 0 1995 7 Building Characteristics Building No 1 BUILDING TYPE R I CONDITION G QUALITY GRADE 500 EFFECTIVE AGE 9 PERIMETER 244 DEPRECIATION % I YEAR BUILT 1995 SPECIAL ARCH 0 GRND FLOOR AREA 1644 FUNCTIONAL ORS 0 ECONOMIC ORS 0 INCLUSIONS: RI includes 1 3-fixture bath and I kitchen. ROOF TYPE MANSARD ROOF COVER CONC/CLAY TILE HEAT I NONE HEAT 2 NONE FOUNDATION CONC PILINGS BEDROOMS 2 HEAT SRC 1 NONE HEAT SRC 2 NONE EXTRA FEATURES: 2 FIX BATH 1 4 FIX BATH 1 6 FIX BATH 0 EXTRA FIX 0 VACUUM 0 SECURITY 0 GARBAGE DISPOSAL 0 3 FIX BATH 0 5 FIX BATH 0 7 FIX BATH 0 DISHWASHER 0 INTERCOM 0 FIREPLACES 0 COMPACTOR 0 r Sections http://www.mcpafl.org/datacenter/search/record.asp 3/13/2007 Property Information for 16 23 Page 2 of 3 F] El LA _ YPE N--BR OPX 1 5:C.B.S. 1 1995 N Y 0 0 288 SBF 2 5:C.B.S. 1 1995 N Y 0 0 312 GBF 3 5:C.B.S. 1 1995 N Y 0 0 288 FLA 4 5:C.B.S. 1 1995 N Y 0 0 756 OPX 5 5:C.B.S. 1 1995 N Y 0 0 132 SPF 6 5:C.B.S. 1 1995 N Y 0 0 234 FLA 7 5:C.B.S. 1 1995 N Y 0 0 888 SPF 8 5:C.B.S. 1 1995 N Y 0 0 234 - Miscellaneous Improvements NBR IMPR TYPE # UNITS TYPE LENGTH WIDTH YEAR BUILT ROLL YEAR GRADE LIFE 1 DK4:WOOD DOCKS 375 SF 25 15 1994 1995 4 40 2 RW2:RETAINING WALL 325 SF 25 13 1994 1995 2 50 3 PT2:13RICK PATIO 100 SF 0 0 1994 1995 2 50 4 AC2:WALL AIR COND 1 UT 0 0 1995 2004 3 20 5 WD2:WOOD DECK 95 SF 5 19 1995 2004 1 40 rarcel value History TAX ROLL YEAR BUILDING MISCELLANEOUS LAND JUST EXEMPTIONS NOT TAXABLE IMPROVEMENTS INCLUDING_SENIORS 2006 3761,090 9,417 298,000 683,507 25,000 500.926 2005 231,172 9,698 269,738 510,608 25,000 485,608 2004 226.548 10.055 282,463 519,066 0 519,066 2003 186,591 4,656 168.088 359,335 0 359,335 2002 223.760 4,792 52,063 280,615 0 280,615 2001 174,813 4,905 41,650 221,368 0 221,368 2000 174,813 2,250 29,750 206,813 0 206,813 1999 174,813 2,301 29,750 206,864 0 206,864 1998 174,813 2,365 29.750 206,928 0 206,928 1997 167,820 2,320 29,750 199,890 0 199,890 1996 167.820 2,382 29,750 199,952 0 199,952 1995 0 0 29,750 29,750 0 29,750 1994 0 0 31,238 31,238 0 31.238 1993 0 0 31,238 31,238 0 31,238 1992 0 0 31,238 31,238 0 31,238 1991 0 0 31,238 31.238 0 31,238 1990 0 0 31,238 31,238 0 31,238 1989 0 0 28,263 28,263 0 28,263 1988 0 0 28,263 28,263 0 28,263 1987 0 0 28.263 28.263 0 28,263 1986 0 0 28,263 28,263 0 28,263 1985 0 0 28,263 28,263 0 28,263 1984 0 0 28,263 28,263 0 28,263 1983 0 0 24,818 24,818 0 24,818 1982 0 0 24,818 24,818 0 24,818 Parcel Sales History NOTE - _URRECORDS ARE TYPICALLY T}VO_TO THREE MONTHS BEHIND FROM THEDATE OF_SALE. IF_A RECF NT SALE DOES NOT SHOW LP PLEASE. GIVE OUR OFFICE, TIME, TO CF,S PROS_T. SALE _ DATE OFFICIAL RECORDS $00 PAGE PRICE INSTRUMENT 07/2003 1925/2217 610,000 WD 04/2002 1783/172 395,000 WD 05/1999 1582/167 320.000 WD http://www.mcpafl.org/datacenter/search/record.asp 3/13/2007 Property Information for 16#23 Page 3 of 3 M- 07/ 1996 04/ 1990 1130/ 1099 32,000 W D 02/1983 877/1455 1,000 WD http://www.mcpafl.org/datacenter/search/record.asp 3/13/2007 i of 1 3CEIPT # : 97009 ECEIPT DATE : 03/13/2007 MONROE COUNTY ***LIVE*** MISCELLANEOUS RECEIPT PRINT DATE : 03/13/2007 PRINT TIME : 08:25:39 OPERATOR : harberta COPY # : 1 ECEIVED BY harberta CASH DRAWER: 2 EC'D. FROM : INSURANCE CONNECTION DF 106.1 . DF 106.2 OTES : FOR ADMIN. RELIEF-TOBIN RE# 00529800.000000 AMOUNT THIS RCPT BALANCE 'EE ID -------- 760.00 760.00 0.00 lJONING-032 COTALS: 760.00 760.00 0.00 METHOD OF PAYMENTAMOUNT ------NUMBER ______ -_-_ _----- -------- ---_3K---- 760.00 3838 TOTAL RECEIPT 760.00 THE INSURANCE CONNECTION OF SOUTH FLORIDA INC. PH. 305-451-1467 99353 OVERSEAS HWY. SUITE 12 KEY LARGO, FL 33037 PAY TO TH" ORD OF _OMMLiI`iTTY BANK f Fl6FfG FCCY Lar40 1-e-v1"-�'2 63-899/670 DATE do 40 $ 7Go /� DOLLARS 8 tea. FOR 11100 38 3811' I:06 ?008 99 31: BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 19, 2007 Division: Growth Management Bulk Item: Yes _ No X Department: Planning and Env. Resources Staff Contact: Tiffany Stankiewicz, Ralph Gould AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for Frank Thomas on Part Tract 1 & Part Government Lot 3, Section 12, Township 62, Range 38 Silver Shores Mobile Home Park Lot 805 Plat of Survey Lime Grove Estates Subdivision, Key Largo, Real Estate Number 00486852.013000. ITEM BACKGROUND: A building permit was applied for on 7/31/2003 and a ROGO application was applied for on 10/14/2003. The applicant applied for administrative relief on 8/6/2007 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 one (1) dwelling unit allocation. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval in the form of one (1) dwelling unit 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 FRANK THOMAS ON PROPERTY DESCRIBED AS PART TRACT 1 & PART GOVERNMENT LOT 3, SECTION 12, TOWNSHIP 62, RANGE 38 SILVER SHORES MOBILE HOME PARK LOT 805 PLAT OF SURVEY LIME GROVE ESTATES SUBDIVISION, KEY LARGO, RE # 00486852.013000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Frank Thomas submitted an application for administrative relief under Sec. 9.5-122.3 of the Monroe County Land Development Regulations; and WHEREAS, the Monroe County Board of County Commissioners makes the following findings of fact and conclusions of law: The application for administrative relief from Frank Thomas is for Part Tract 1 & Part Government Lot 3, Section 12, Township 62, Range 38 Silver Shores Mobile Home Park Lot 805 Plat of Survey Lime Grove Estates Subdivision, Key Largo in Monroe County, Florida having RE# 00486852.013000. 2. The date of the ROGO application is October 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 9.5-122.3 provides a mechanism whereby an applicant who has not received an allocation award in ROGO may apply to the Board of County Commissioners for administrative relief. 5. The Board of County Commissioners (BOCC) has the authority to grant administrative relief under Section 9.5-122.3(f) 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 August 6, 2007, under Section 9.5-122.3 of the MCC and Policy 101.6.1 of the 2010 Comprehensive Plan. 7. Policy 101.6.5 of the 2010 Comprehensive Plan provides criteria to be used for determining lands that are appropriate for acquisition and the criteria includes the environmental sensitivity of the vegetative habitat on the lot and the applicable Tier designation. 8. The subject property has the land use district designation of Urban Residential Mobile Home (URM), is located in the Lime Grove Estates Subdivision and is located in a Tier 3 designated area. ADMINISTRATIVE RELIEF RESOLUTION Page I of 2 THOMAS, RE# 00486851013000 03-30-3459 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to Frank Thomas, for Part Tract 1 & Part Government Lot 3, Section 12, Township 62, Range 38 Silver Shores Mobile Home Park Lot 805 Plat of Survey Lime Grove Estates 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 9.5-122.3 of the Monroe County Code. 2. The allocation award shall be taken out of the next quarterly allocation which closes on January 15, 2008 or in the succeeding quarterly allocation period in which administrative relief allocations are available. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 19f` day of December, 2007. Mayor Charles "Sonny" McCoy Mayor Pro Tem, Mario Di Gennaro Commissioner Dixie Spehar Commissioner George Neugent Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA IM (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK Mayor Charles "Sonny" McCoy ... ADMINISTRATIVE RELIEF RESOLUTION Page 2 of 2 THOMAS, RE# 00486851013000 03-30-3459 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 .F 'c:w ti rr 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 i Ralph Gouldy, Sr. Administrator Environmental R s urces Through: Townsley Schwab, Acting Director of Planning & Environmental Resources Date: December 3, 2007 Subject: Request for Administrative Relief Part Tract 1 & Part Government Lot 3, Section 12, Township 62, Range 38 Silver Shores Mobile Home Park Lot 805 Plat of Survey Lime Grove Estates Subdivision, Key Largo Real Estate No. 00486852.013000 1. BACKGROUND The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling unit allocation system and having been considered in at least in the first sixteen consecutive quarterly allocation and have not receive an allocation award. Date Entered ROGO: 10/14/2003 Date Entered Administrative Relief: 8/06/2007 Tier Score: 34 Tier 3: 30 Perseverance: 4 11. CURRENT CONDITIONS Location: Part Tract 1 & Part Government Lot 3, Section 12, Township 62, Range 38 Silver Shores Mobile Home Park Lot 805 Plat of Survey Lime Grove Estates Subdivision, Key Largo, Real Estate No. 00486852.013000 Owner: Frank Thomas Land Use District: Urban Residential Mobile Home Tier: III Page 1 of 2 03-30-3459 Applicant/Agent: NA FLUM: Residential High (RH) Reviewed by 1 2007 Taxable Value: $29,000 Purchase Price in 1979: $14,900 2 3 III. LEGAL ELIGIBILITY AND OPTIONS 4 5 Eligibility for Administrative Relief Options: 6 Section 9.5-122.3 of the Monroe County Land Development Regulations and Policy 101.6.1 or 7 the 2010 Comprehensive Plan provides a mechanism whereby an applicant who has not received 8 an allocation award in ROGO may apply to the Board of County Commissioners for 9 Administrative Relief The applicant is eligible for Administrative Relief having complied with 10 all requirements of the dwelling unit allocation system and having been considered in at least in 11 the first sixteen consecutive quarterly allocation periods and has not received an allocation 12 award. The applicant has timely requested administrative relief in the form of a granting of one 13 (1) ROGO allocation and has not expressed a desire to sell the property to the County. 14 15 Relief Options under Administrative Relief: 16 The remedies available for Administrative Relief pursuant to Section 9.5-122.3 includes: 17 18 a. Offer to purchase the property at its fair market value as its preferred action if the 19 property is located within: a) a designated Tier I area; b) a designated Tier II area 20 (Big Pine Key and No Name Key); c) a designated Tier III -A area (Special 21 Protection Area); or d) a designated Tier III area on a non -waterfront lot suitable 22 for affordable housing. 23 b. Grant the applicant an allocation award for all or a number of dwelling units 24 requested in the next succeeding quarterly allocation period or extended pro rata 25 over several succeeding quarterly allocation periods as the preferred action for 26 buidable properties not meeting any of the criteria in (1) above. 27 c. Suggest or provide such other relief as may be necessary and appropriate. 28 29 In the event purchase is recommended and the owner refuses the purchase offer the 30 applicant may remain in the ROGO System and continue earning perseverance points 31 according to the vesting provision of Tier Ordinance 009-2007. 32 33 IV. RECOMMENDATION 34 35 It is recommended that the Board of County Commissioners find that the applicant has met the 36 criteria and qualifies for Administrative Relief It is further recommended that a Resolution be 37 prepared that establishes this relief awarding one (1) ROGO allocation in the next quarterly 38 ROGO allocation period which closes January 15, 2008, or a succeeding quarterly allocation 39 period in which administrative relieve allocations are available. 40 Page 2 of 2 Reviewed by 03-30-3459 Ow/ N to � � - .,W 1\ Commissioner Charles "Sonny' McCoy RESOLUTION NO223 -2004 A RESOLUTION OF THE BOARD r COMMISSIONERS OF MONROE COUNTYOL NTY DIRECTING MONROE COUNTY'S FLORIDA,F GROWTH MANAGEMENT DIVISION TO ISSUANCE OF PERM MONITOR, LIMIT FOR LAND CLEARING IN THE BEST INTEREST AND PROTECTION OF THE PUBLIC GOOD AND IDENTIFY TO THE LAND AUTHORITY 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's 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 flood, including the encouragement of buafforso dable housing, are °f the Public g, Protected. 3 Identify these small parcels, not covered by the "Florida Forever Funds" to the Land or recommended purchase. Authority f PASSED AND ADOPTED by the Board of County Commissioners of Monroe County day, of June, 2004. o my thi v th Mayor Murray Nelsons x a Mayor Pro Tem David P. Ricers Commissioner CharlesCD " Sonny" McCoy -yes s c � N � Commissioner George Neugent yes c" N Commissioner Dixie Spehar Zc yes :<-�iD ( SEAL) - > r" N CDAttest. Danny I_ lhrge, Clerk BOARD OF COUNTY COMMISSIONERS OF ccA MONROE C ,NTY FLORIDA B: �P ,Clerk Bv:- E MONROE COUNTY ATTORNEY YOR APP OV AS TO FORM: Qom- JOHN R. COLLINS COUNTY ATTORNEY Dam__ 0 5 1311 a •• APPLICATION FOR ADMINISTRATIVE RELIEF Administrative Relief fee: $760.00 Owner's Name: Owner's mailing address: L/ C �>S ex Phone 9 g(� 7 1 6 7 1 Fax: Agent's Name: Agent's mailing address: Phone: Fax: Of FOR DEPARTMENT ONLY Date of filing with the Planning Director FL 350Z'-1 (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' (v _ d © � I�D Legal description (attach metes and born Permit #: 03 3 q description if necessary) r Date of most recent ROGO application: Q What kind of administrative relief are you seeking?� , $ 5 GL A h « Q Additional Comments: �A #%J , S C I I x s; C v j" if L J- —1 J0 ;y-•. JG.10C11,VI'S"0, NOTARY: STATE OF FLQA1QA COUNTY OF e9h rm Signature 2ko G. d 7137 The foregoing signature w4l acknowledged before me this day of / 20jo_ By who is personally known tome or produced as identification. NOTARY PUBLIC -STATE OF PWRIDA y �of ex PAMCIA L. ARBINO COMMI5Sion #DD581076 �:••r Expires: SEE 16 2010 ature Notary Public, State of Florida Bonvea nMU AnXMC BOMINGCo., INC Page 2 of 2 W:\GROWTA MANAGEWNnTemplate Tlanning Applications - Procedure FormMuning Applicatioms Administrative Relief doc 3/2007 PLAT OF SURVEY OF LIME GROVE ESTS PB5-52 PT TR 1 & PT GOVT LOT 3 SEC 12 TWP 62 RGE 38 ER SHORES MOBILE HOME PARK LOT 805 S JADE DR OR751-684/685 OR776- 1083/1084 OR1482-665/ W) OR1482-667/68(CW) LA El EXHIHIT "A" LEGAL DESCRIPTION A parcel of land on Key Largo, Monroe Count of Tract 1 and thr parcel captioned "EXCEPTION" allbeingon the Plat of Survey of Lime embracing Part Book l at Page Grove Estates Property, recorded in Plat g 52 of the Public Records of Monroe County, Florida, said parcel being; more particularly described as follows. From the most Northerly corner of Lime Grove Estates, Section One according to the plat thereof recorded in Plat Book 5 at Page 54 the said Public Records run Northeasterly along the Southeasterly°f Right of Way line of Old State Road 4- Northerly corner of the Lands described barydeed re c feet to the most ored in Records Book 412 at Page 1053 of the said PublicRecords andOthecial Point of Beginning of the hereindescribed parcel of land: Point of Beginning; run Northeasterly alongFrom said Right of Way line for 3063.62 feet to the most'Westerluthorner o f lands described by deed recorded' in Official Records Book o 76ratfPage 552 of the said Public Records; thence deflect 90o right and run Southeasterly along the Southwesterly line of said lands for 598 feet more or less to the shoreline of th l Atlantic Ocean; y thence e meander the said shoreline in a Southwesterly Intersection With a line perpendicular to the said Southeaster to Ran ight Of Way line running from the Point of Beginning; easterly Right thence run Northwesterly along the said the Northeasterly line of the lands deeded rbenthesaid r line and slang Records Book 412 at Page 1053 for 818 feet more horsless Otoithe lPoi of Beginning, Point Caption premises are embraced by Government Lot 311 Section 12, Thownship 62 South, Range 38 East, situate, lying and being in Monroe County, Florida. H 0 z 0 0 0 0 0 0 n ;a = w N oo = D To 'IDr m g 0 v n N 0 0)m coo D 01 n M a O D U) C o �. Z X O lD o< ° z m O Z 0 $m -< w �a O A O C �O W A r a ^' m O �O V �m 0 X C/) ODW N n n O N "N a -4 n O90 o CA) m n N � I O N G7 j ? N 4 D d m O y A 0. O n F 'ID m w `< Q r a Z° m OD o rn a 3 m c (D rn (DD m y UNt N O c° b cD cp m tom- rD 0 O to O Oo � O O N oo '. W CI1 m N 0 N 0�0 o cfl = O O N -4 Cn 00 m > A 0 $ P N o a rn 0 <, O C N N O 0 O cn 0 Ln cn ;rl ;u X D C 0 m o o 00 0) O '1 O rn N tQ 00 O O v 00 A O 00 00 W V jp 0) (D (D (D (O CD (D (D CD cD (D (D (D (D (D (D (D (D (D O O O O O O O ,4) Chi O Ip 00 w 00 m 00 m 00 00 (D (D (D (D (D (D (D (D (D (D O O O O O O O !X N W A (n O J 00 (D O N W A n a) J C00 (D O -� N W A (n m I _ ax -n -n -n -n '71 -n -n -n-n TI m 'i1 TI TI 'T1 'it "1"1 m 'n -n -n -n -n -n m Iry (D .. N I p � 0 C) 0 C) C) C-) 0 0 0 0 0 n n n n n 0 n 0 0 0 id Q00 00o is 3 W i (C° O !a N O V J 0 O (D N 0 0 O a (u L' 0 >v M m N O h L N N N N N N N N N N N N N N N N N N N N N N N N N W W J V J V V (D (D (D (O (D lD (D (D (D (O (D (D (D (D (D (D (D (D CT (h (n 0 (n cn 0 0 0 0 O O O O O O O O O O O O O O O (D CD O 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 O O O O O O O O 0 O O O O O O O O O O 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 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 010 i N N N N N N N N IN N N N N N N N N N N N N N N N N W W J J J J J (D W (D (D (D (D (D (D (D (D (D to (D (D (D (D (D (D n cn (n c cn 0 cn 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 cD (D o 0 0 0 0 0 0 0 0 0 0 o O o 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 o O o 0 0 0 0 0 0 'M N N to N to IQ IQ N fJ PO N fJ N N N N N N N N N N N N �C' W W J J V V J (D (D (D (D fD (D (D (D (D (D (D (D (D (D (D (D (D (D iy (n (h m m m 0 (n o o O O O O O O O O O O O O O O o O;_ i 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 I N N N N N N N N N N N !J N N N N N N N N N N N N N Ix (D (D (D (D (D (D r< U i l in v, in (n in o O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o °1 (D (D 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O o 0 0 0 0 0 O O c -� -a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 j(o no y 00 N coo o (D o N v Cn OD rQ Ul OZ 30 a BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date:December 19, 2007 Division: Growth Management Bulk Item: Yes _ No X Department: Planning and Env. Resources Staff Contact Person: Tiffany Stankiewicz/Ralph Gouldy AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for Thomas Carl & Judy M. Rothdeutsch on Lot 6, Block 4, Port Pine Heights Subdivision, Big Pine Key, Real Estate Number 00289710.000000. ITEM BACKGROUND: A building permit was applied for on 5/23/2003 and a ROGO application was applied for on 6/23/03. The applicant applied for administrative relief on 5/3/07 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 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 THOMAS CARL & JUDY M. ROTHDEUTSCH ON PROPERTY DESCRIBED AS LOT 6, BLOCK 4, PORT PINE HEIGHTS SUBDIVISION, BIG PINE KEY, RE #00289710.000000 IN THE FORM OF PURCHASE FROM THE LAND AUTHORITY. WHEREAS, Thomas Carl & Judy M. Rothdeutsch submitted an application for administrative relief under Sec. 9.5-122.3 of the Monroe County Land Development Regulations; and WHEREAS, the Monroe County Board of County Commissioners makes the following findings of fact and conclusions of law: 1. The application for administrative relief from Thomas Carl & Judy M. Rothdeutsch is for Lot 6, Block 4, Port Pine Heights Subdivision, Big Pine Key in Monroe County, Florida having RE# 00289710.000000. 2. The date of the ROGO application is 6/23/03. 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 9.5-122.3 provides a mechanism whereby an applicant who has not received an allocation award in ROGO may apply to the Board of County Commissioners for administrative relief. 5. The Board of County Commissioners (BOCC) has the authority to grant administrative relief under Section 9.5-122.3(f) 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 5/3/07, under Section 9.5-122.3 of the MCC and Policy 101.6.1 of the 2010 Comprehensive Plan. 7. Policy 101.6.5 of the 2010 Comprehensive Plan provides criteria to be used for determining lands that are appropriate for acquisition and the criteria includes the environmental sensitivity of the vegetative habitat on the lot including the Tier designation. 8. The subject property has the land use district designation of Improved Subdivision (IS), is located in the Port Pine Heights Subdivision. ADMINISTRATIVE RELIEF RESOLUTION Page I of 2 ROTFIDEUTSCH,RE#002s9710.000000 03-01-2303 9. The subject property has a Tier 1 designation because of the environmental sensitivity and importance for the continued viability of the endangered species. 10. The Livable CommuniKeys Master Plan for Big Pine Key and No Name Key Action Item 1.3.1 prioritizes the purchase of Tier 1 lands over Tier lI and Tier III in order to achieve the highest possible level of H protection, and to ensure compliance with the Incidental Take Permit (ITP) mitigation requirements. 11. Monroe County Comprehensive Plan Policy 101.6.1 provides that Monroe County, the state, or other acquisition agency shall pursue land acquisition through voluntary purchase of lands from private property owners denied a building permit through the Permit Allocation System, as the preferred option for administrative relief pursuant to Policy 101.6.1, if the subject permit is for development located within a designated Tier 1 area. 12,.. Section 9.5-122.3.3(f)(1) states that an offer to purchase is the preferred action if the property is located in a designated Tier 1 area or Tier II on Big Pine or No Name Keys. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: 1. Administrative relief is granted to Thomas Carl & Judy M. Rothdeutsch, for Lot 6, Block 4, Port Pine Heights Subdivision, Big Pine Key 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 19 day of December, 2007. Mayor Charles "Sonny" McCoy Mayor Pro Tem, Mario Di Gennaro Commissioner Dixie Spehar Commissioner George Neugent Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ul (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK ADMINISTRATIVE RELIEF RESOLUTION ROTIIDEUTSCH, RE#00289710.0O000O 03-01-2303 Mayor Charles "Sonny" McCoy MONROE COUNTY ATTORNEY AP 0 ED TO FORA! Da Page 2 of 2 r J t �f C Ir 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 ources Through: Townsley Schwab, Acting Director of Planning & Environmental Resources'') Date: December 7, 2007 Subject: Request for Administrative Relief for Lot 6, Block 4, Port Pine Heights Subdivision, Big Pine Key, Real Estate No. 00289710.000000 1 3 I. BACKGROUND 4 The applicant is eligible for Administrative Relief having complied with all requirements of the 5 dwelling unit allocation system and having been considered in at least in the first sixteen 6 consecutive quarterly allocation periods and have not receive an allocation award. 8 Date Entered ROGO: 6/23/03 9 10 Date Entered Administrative Relief: 5/3/07 11 12 Tier Score: 4 13 Tier 1: 0 14 Perseverance: 4 15 16 II. CURRENT CONDITIONS 17 18 Location: Lot 6, Block 4, Port Pine Heights Subdivision, Big Pine Key, Real Estate No. 20 00289710.000000 21 Owner: Thomas Carl & Judy M. Rothdeutsch Applicant/Agent: None 22 24 Land Use District: Improved Subdivision (IS) FLUM: Residential Medium (RM) 25 2006 Taxable Value: $42,387.-- Purchase Price in: $1.-- 26 27 III. LEGAL ELIGIBILITY AND OPTIONS 28 29 Eligibility for Administrative Relief Options: 30 31 Section 9.5-122.3 of the Monroe County Land Development Regulations and Policy 101.6.1 or 32 the 2010 Comprehensive Plan provides a mechanism whereby an applicant who has not received Page 1 of 3 Reviewed by 03-01-2303, I an allocation award in ROGO may apply to the Board of County Commissioners for 2 Administrative Relief The applicant is eligible for Administrative Relief having complied with 3 all requirements of the dwelling unit allocation system and having been considered in at least in 4 the first sixteen consecutive quarterly allocation periods and has not received an allocation 5 award. The applicant has timely requested administrative relief in the form of a granting of one 6 (1) ROGO allocation and has not expressed a desire to sell the property to the County. 7 8 Relief Options under Administrative Relief: 9 10 The remedies available for Administrative Relief pursuant to Section 9.5-122.3 includes: 11 12 a. Offer to purchase the property at its fair market value as its preferred action if the 13 property is located within: a) a designated Tier I area; b) a designated Tier II area 14 (Big Pine Key and No Name Key); c) a designated Tier III -A area (Special 15 Protection Area); or d) a designated Tier III area on a non -waterfront lot suitable 16 for affordable housing. 17 b. Grant the applicant an allocation award for all or a number of dwelling units 18 requested in the next succeeding quarterly allocation period or extended pro rata 19 over several succeeding quarterly allocation periods as the preferred action for 20 buidable properties not meeting any of the criteria in (1) above. 21 c. Suggest or provide such other relief as may be necessary and appropriate. 22 23 In the event purchase is recommended and the owner refuses the purchase offer the 24 applicant may remain in the ROGO System and continue earning perseverance points 25 according to the vesting provision of Tier Ordinance 009-2007. 26 27 The applicant has requested administrative relief in the form of a granting of one (1) ROGO 28 allocation and has not expressed a desire to sell the property to the County. Policy 101.6.1 of the 29 Year 2010 Comprehensive Plan provides upon a property owners' request, Monroe County, the 30 state, or other acquisition agency shall purchase the property for fair market value or permit the 31 minimum reasonable economic use of the property pursuant to Policy 101.6.5. 32 33 Policy 101.6.5 provides that Monroe County, the state, or other acquisition agency shall pursue 34 land acquisition through voluntary purchase of lands from private property owners denied a 35 building permit through the Permit Allocation System, as the preferred option for administrative 36 relief pursuant to Policy 101.6.1, if the subject permit is for development located within a 37 designated Tier 1 area, as well as Tier II on Big Pine & No Name Keys. 38 39 Lot 6, Block 4, Port Pine Heights Subdivision is designated Tier 1 and the preferred option 40 for an administrative relief with a Tier 1 designation pursuant to Section 9.5-122.3 of the 41 Land Development Regulations and Monroe County Comprehensive Plan Policy 101.6.5 to 42 purchase. 43 44 Action Item 3.2.6 limits allocation awards in Tier I to no more than two percent (10 units) of all 45 residential units permitted over the twenty year planning period or a total of H=0.022 which ever Page 2 of 3 Reviewed bye 03-01-2303, I results in the lower H. Since the adoption of the Livable CommuniKeys Program, August 2004 2 there has been one allocation approved which is less than two percent of residential units. 3 4 Most of the island is classified as Tier 1 because of the environmental sensitivity and importance 5 for the continued viability of the endangered species. Livable CommunitKeys Master Plan for 6 Big Pine Key and No Name Key Action Item 1.3.1 prioritizes the purchase of Tier I lands over 7 Tier H and Tier III in order to achieve the highest possible level of H protection and to ensure 8 compliance with the Incidental Take Permit (ITP) mitigation requirements. Furthermore, the 9 intent is to reduce the travel time and therefore reduce the mortality rate of the key deer. 10 11 Refusal of the purchase offer by a property owner shall not be grounds for the granting of a 12 ROGO allocation award. 13 14 IV. RECOMMENDATION: 15 16 It is recommended that the Board of County Commissioners finds that the applicant has met the 17 criteria and qualifies for Administrative Relief in the form of purchase by the Monroe County 18 Land Authority. Page 3 of 3 Reviewed by 03-01-2303, • ii Commissioner Charles "Sonny' McCoy, RESOLUTION NO.223 -2004 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF MONROE COUNTY COLT'VTY DIRECTING MONROE , FLORIDA, MANAGEMENT DIVISION p UNTY'S GROWTH ISSUANCE OF PERM MONITOR, LIMIT BEST INTEREST AND PROTECTION OF THE PUBLIC AND CLEARING IN THE GOOD AND IDENTIFY TO THE LAND A LITHO FOR RECOMMENDED PURCHASE ALL SMALL PARCELS OF CNA AREAS THROUGHOUT MONROE COVERED COUNTY NOT BY "FLORIDA FOREVER" FUNDS. WHEREAS, it is the desire of its citizens to preserve as much of the indigenous hammocks pine stands as Possible, and and WHEREAS, the large tracts of hammock area will "'Florida Forever", and be preserved for purchase by funds from WHEREAS, there is a threshold below which these funds may not be available; and WHEREAS, there is a stream of funds that could be available for the purchase of small parcel, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF CO s OF MONROE COUNTY, THAT: UNTY COMMISSIONERS Monroe County's Growth Management Division is hereby directed to: I Closely monitor those small parcels in the CNA areas to prevent so that un-permitted clearing, 2. Limit the issuance of permits for land clearing good, including the encouragement of burg affordable � housing, of the public 3. Identify these small parcels, are Protected. P ,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 lone, 2004. c my tiu 4, th Mayor Murray Nelsons Mayor Pro Tem David P. Rice Yes 2= Commissioner Charles `Sonny" McCoy�e s 0 Commissioner George Neugent yes at. Commissioner Dixie Spehar E ,p (SEAL) r c-) rV Anew_ 1, lhage, Clerk BOARD OF COUNTY COMMISSIONERS Or-nF cc i MONROE C9 kNTY, FLORIDA B: Dep Clerk By: — .. MONROE COUNTY ATTORNEY 'MAYOR APP OV AS 70 FORM: — 0 1 0 S JONN R, COLLINS _COUN7Y ATTORNEY ` f FOR DEPARTMENT ONLY Date of filing with the Planning Director APPLICATION FOR ADMINISTRATIVE RELIEF Administrative Relief fee: $760.00 Owner's Name: --Vh o MA S C A R L A o i 1 I t7 F c 1 T SC 1} Owner's mailing address:-23 q l O i tJ ES i 1 N b i E S -R ) V F /Q M,< 01:) kf-y FL - 3©(1-� Phone: 3 O S- 7 a- 7 vZ 7 -Fax:- Agent's N Agent's mailing address: Phone: F (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# 00�89-710 _ o00000 Legal description (attach metes and bounds description if necessary): Q K 4 P6�-r Pine ff E 1r-f1-+7-�)- Permit #: 0 3 -- I -a 30 3 Date of most recent ROGO application: w N >; -f 3 o 0 3 What kind of administrative relief are you seeking? PF,'z rn i T -To. is U 1 L h S ,' 4 d/ e Additional Comments: NOTARY: `u-� lk ;- STATE OF FLORIDA Applicant's Signature COUNTY OF 7-'7 The for going sigma was acknowledged before me this �� day of _ �'�" 1 2004 By is personally known to - pe y 11J S as identification. r : NokNV Ptibk Skrte of Florida My co ission expires: �►iMc.�++n14 JJJ Commission #E D0296796 Signature of No Bonded By N°wowl Worn Assn. Si gn tary 'c, State of F 'da Page Z of 2 W \GROWTH MANAGEMENT\TempWma\PWnWng Apphcafione - Pm tdme Far PWnning Appji atioM6 Adminivmtivr Reliefdo 32007 Page 1 of 1 RECEIPT # 98928 RECEIPT DATE : 05/07/2007 RECEIVED BY : tedescod REC'D. FROM : ROTHDEUTSCH UDF 106.1 UDF 106.2 NOTES : MONROE COUNTY ***LIVE*** MISCELLANEOUS RECEIPT PRINT DATE : 05/07/2007 PRINT TIME : 08:55:05 OPERATOR : tedescod COPY # : 1 CASH DRAWER: 2 FEE -ID-- AMOUNT THIS RCPT BALANCE -------- --------- -------- ZONING-032 760.00 760.00 0.00 TOTALS: 760.00 760.00 0.00 METHOD OF PAYMENT AMOUNT NUMBER ----------------- - - - ------------------ CHECK 760.00 1008 loTAL RECEIPT 760.00 32-2-1110 1008 TOM ROTHDEUTSCH 10-97 j`- 3 20 JUDY ROTHDEUTSCH PTOTH@ —! AY✓n 1Q t 1 if'^ {ry 1%'f `Y ORDER OF i-"`_-------HOLLARS u tl� BANK OF AMERICA ACH RJT 111000025 IYP FOR k' ------ A: L L 10000 2 9: 004 7 709 50 2 38115 L008 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 19 2007 Division: Growth Management Bulk Item: Yes — No X Department: Staff Contact: Jerry Coleman Lisa Tenn soon AGENDA ITEM WORDING: A public hearing to adopt an ordinance by the Monroe County Board of County Commissioners amending the Land Development Regulations by adding Section 9.5-266.1 "Affordable Housing Incentive Programs."; providing a program dealing with mobile homes. ITEM BACKGROUND: The Workforce Housing Task Force and BOCC directed staff to provide incentives to retain mobile home parks as affordable housing and/or to redevelop with more affordable units than inclusionary housing provides. PREVIOUS RELEVANT BOCC ACTION: On July 18, 2007 the BOCC enacted a six (6) month moratorium on the acceptance of redevelopment applications for mobile home parks. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A COST TO COUNTY: NL BUDGETED: Yes No SOURCE OF FUNDS: REVENUE PRODUCING: Yes _ No _ AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing Risk Management DOCUMENTATION: DISPOSITION: Revised 11/06 Included X Not Required AGENDA ITEM # Affordable Housing Incentive Programs Ordinance -I Mobile Homes v4 CI FAN.Do(' 11I21i2007 12:38:56 PM ORDINANCE NO. - 2008 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING AN AMENDMENT TO THE MONROE COUNTY LAND DEVELOPMENT REGULATIONS ADDING SECTION 9.5-266.1 "AFFORDABLE HOUSING INCENTIVE PROGRAMS"; PROVIDING A PROGRAM DEALING WITH MOBILE HOMES; PROVIDING FOR SEVERABILITY AND REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS AND THE SECRETARY OF STATE; PROVIDING EFFECTIVE DATE; PROVIDING FOR INCORPORATION IN THE MONROE COUNTY CODE OF ORDINANCES WHEREAS, the Board of County Commissioners has considered the comments of the public, recommendations of the Planning Commission, recommendations of staff and the Workforce Housing Task Force and its counsel, and other matters; and WHEREAS, on July 18, 2007 the Board of County Commissioners (BOCC) adopted a temporary moratorium on the acceptance of development applications for the redevelopment of mobile home parks, commencing retroactively to when a zoning in progress was initiated by the BOCC on May16, 2007 and which expired six months later on November 16, 2007; and WHEREAS, the BOCC gave direction to the Workforce Housing Task Force and the Department of Planning and Environmental Resources to examine the existing land development regulations regarding the protection of mobile homes from displacement with market -rate housing; and WHEREAS, the Monroe County Year 2010 Comprehensive Plan Technical Document Housing Element 7.0 projected the number of housing units needed for resident households of Monroe County by 2002 according to various income groups as 7,093 dwelling units for "Very Low" income households, 5,320 dwelling units for "Low" Attordable Housing Incentive Programs Ordinance - I Mobile Homes v4 CLEAN.DOC 11'2 L2007 12:38:56 PM income households, and an additional 5,528 dwelling units needed for "Moderate" income households (p. 7-24); and WHEREAS, the Monroe County Year 2010 Comprehensive Plan Technical Document Housing Element 7.0 also states that the "public sector can provide for a variety of densities which can increase the flexibility of the private sector to provide affordable housing in more situations" (p. 7-33); and WHEREAS, the Monroe County Year 2010 Comprehensive Plan Technical Document Housing Element 7.0 confirms that "Land prices in Monroe County represent a higher proportion of total development costs than in any other part of Florida" (p. 7-33); and WHEREAS, the Monroe County Year 2010 Comprehensive Plan Policy 601.1.12 directs the County to "adopt Land Development Regulations which may include density bonuses, impact fee waiver programs, and other possible regulations to encourage affordable housing"; and WHEREAS, the Monroe County Year 2010 Comprehensive Plan Objective 601.2 directs the County to "adopt programs and policies to encourage housing of various types, sizes and price ranges to meet the demands of current and future residents"; and WHEREAS, the Monroe County Year 2010 Comprehensive Plan Objective 601.6 directs the County to "formulate housing implementation programs corresponding to each of the specific objectives defined within this element, including incentive programs to be implemented in conjunction with the Permit Allocation System, to promote the development of affordable and elderly housing"; and 2 Affordable Housing Incentive Programs Ordinance -I Mobile Homes v4 CLEAN.DOC 11/21/2007 12:38:56 PM fact: WHEREAS, the Board of County Commissioners makes the following findings of 1. Monroe County and its municipalities have a mutual interest in preserving and providing affordable housing countywide. 2. According to Section 7.1.1, A, Type and Tenure, of the Technical Document, housing units classified as mobile homes and trailers comprise approximately 33% of the total housing stock of the Keys. 3. The implementation of this ordinance may protect this segment of the housing stock available for the critical workforce. 4. The amendments proposed herein do not prohibit replacement of existing mobile homes and preservation of permitted mobile home uses consistent with existing safety and building code regulations. 5. The amendments set forth herein may facilitate and encourage re -development that includes a range of housing opportunities through a variety of residential types, increase affordable housing opportunities within the County, and stimulate the provision and preservation of affordable housing within the County. 6. There is limited land area suitable for residential development remaining in the County. 7. The unmitigated re -development of market -rate housing and conversion from existing mobile home use would exacerbate the workforce housing crisis for in Monroe County by consuming the limited remaining developable lands in the Keys and the limited number of development permits available. 8. There is a current unmet need of about 7,317 affordable units in the County. 9. These amendments to the land development regulations specifically further Section 163.3202(3), F.S., by implementing innovative land development regulation provisions such as transfer of development rights, incentive and inclusionary housing. 10. The amendments to the land development regulations are necessary to help ensure that, despite the limited availability of developable lands, the County's existing and future housing stock includes adequate affordable housing opportunities. 11. The proposed amendments to the Land Development Regulations are consistent with and further goals, objectives, and policies of the Year 2010 Comprehensive Plan. 3 AtTordable Housing Incentive Programs Ordinance - I Mobile Homes v4 C'LEAN.DO(' 1 1212007 12:38:56 PM WHEREAS, on August 21, 2007 the Development Review Committee convened to review the proposed text amendment and duly considered revisions and modifications suggested by staff and the public to clarify language and terms; and WEREAS, September 26, 2007 the Monroe County Planning Commission heard this proposed text amendment, and in due consideration of public testimony and recommendation by staff, continued the item to the October 10, 2007 meeting in Marathon with direction to staff to make necessary revisions prior to that meeting. The proposed text amendment was presented to and discussed at the Workforce Housing Task Force meeting held on October 9, 2007, with comments and recommendations presented to and considered by the Planning Commission at its October 10, 2007 meeting. The Planning Commission continued the item with instructions for additional changes for a final Planning Commission hearing to be held in Key Largo on October 24, 2007, where yet more revisions were directed by the Planning Commission; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THE FOLLOWING: That the preceding findings support its decision to approve the amendments to the Land Development Regulations of the Monroe County Code as provided herein: Section 1. Section 9.5-266.1 is hereby created as follows: SECTION 9.5-266.1 Affordable Housing Incentive Programs 1) Purpose and Intent: The intent of this section is to set forth the programs to help incentivize affordable housing development within Monroe County. 2) Program 1: Transfer of ROGO Exemptions from Mobile Home Parks a) Purpose and Intent: The intent of this program is to establish an appropriate incentive for Mobile Home Park owners to maintain mobile home park sites, 4 Affordable Housing Incentive Programs Ordinance - I Mobile Homes v4 CLEAN.DOC 11 21; 2007 12:38:56 PM mobile home developments in URM and URM-L districts, and contiguous parcels under common ownership containing mobile homes where any of the foregoing is presently serving as a primary source of affordable housing in Monroe County (any of the foregoing being an "Eligible Sender Site") by providing an alternative development strategy to straightforward market -rate redevelopment. This program is intended to allow the transfer of market rate ROGO exemptions associated with lawfully established dwelling units now existing at an Eligible Sender Site to be transferred to another site or sites in exchange for maintaining an equal or greater number of deed -restricted affordable dwelling units within Monroe County. This program seeks to address the housing needs of the Florida Keys as a regional obligation. Transfers of ROGO exemptions under this Section, that are utilized for the protection of affordable housing located in mobile home parks and other Eligible Sender Sites may be pooled and transferred between ROGO sub -districts, pursuant to Policy 101.2.14. This program provides an Eligible Sender Site owner the opportunity to transfer market rate ROGO exemptions currently associated with existing and lawfully established dwelling units from Eligible Sender Sites to receiver site(s) within Monroe County, provided that it involves the pooling of affordable dwelling unit rights for redevelopment at donated, purchased or otherwise appropriately deed -restricted sites, and transfer of ROGO exemptions or allocations for the purpose of implementing and facilitating one or more affordable housing projects. The provisions of this section shall control over all contrary provisions of this chapter related to the transferability of ROGO exemptions. b) Procedure: i) This transfer shall require an approved Development Agreement. ii) Minor Conditional Use approval is required to complete the transfer. iii) A Development Agreement shall not be required for an Eligible Sender Site containing 10 or fewer mobile homes. For the purposes of this exception, property owners shall not be permitted to subdivide by deed, split ownership or otherwise divide larger contiguous parcels containing more than 10 mobile homes. c) Development Agreement Requirements: i) Sender Site Restrictions: (1) ROGO exemptions transferred under this program may be transferred on a 1 for 1 basis where the ROGO exemptions are to be transferred to IS - zoned districts. However, where transfers are to be made to working waterfronts (as defined by Florida Statutes), or to multi -family projects in M Affordable Housing Incentive Programs Ordinance - I Mobile Homes 0 CLEAN DOC 11121.2007 12:38:56 PM non -IS districts, the transfers shall result in no fewer than two (2) deed - restricted affordable or workforce housing units remaining on ano Eligible Sender Site(s) for each market rate ROGO exemption transferred. This section expresses the County's preference for transfer of ROGO exemptions to IS lots. The following examples are set forth only to show some potential transfer scenarios. A given potential scenario may depend upon availability of affordable ROGO allocations provided by the County. Example 1: Transfer on a 1 for 1 basis. Existing 100-unit mobile home park. A Development Agreement with the County may, if approved, allow the owner to transfer up to 100 ROGO-exemptions to IS - zoned lots as long as an equivalent number of deed - restricted affordable dwelling units remain or are created on one or more Eligible Sender Site(s) Example 2: Transfer on a 1 for 2 basis. The same existing 100-unit mobile home park. A Development Agreement with the County may, if approved, allow the owner to transfer up to 50 ROGO- exemptions to waterfront or multi -family projects in non - IS districts, as long as at least twice as many deed - restricted affordable dwelling units remain or are created on one or more Eligible Sender Site(s). Example 3: Transfer on both 1 for 1 and 1 for 2 basis. The same existing 100-unit mobile home park. A development agreement with the County may, if approved, allow the owner to transfer up to 25 ROGO exemptions to a waterfront Mixed Use parcel, and 50 ROGO-exemptions to IS zoned lots, as long as 100 deed - restricted affordable dwelling units remain or are created on one or more Eligible Sender Site(s). (2) The Eligible Sender Site property(ies) shall be donated or sold to Monroe County, or otherwise appropriately deed -restricted for long-term affordability. Prior to acceptance of a donated or purchased parcel, all units to be maintained on site shall pass a life safety inspection conducted in a manner prescribed by the Monroe County Building Department. Monroe County shall then lease the sender site property to a party who will serve as lessee and sub -lessor of the Eligible Sender Site(s). Affordable Housing Incentive Programs Ordinance - I Mobile Homes A CLEAN.DOC 1 1,21,'2007 12:39:56 PM (3) The number of transferred ROGO exemptions shall not exceed the number of restricted affordable dwelling units maintained at the Eligible Sender Sites. (4) The resulting development or redevelopment of affordable housing pursuant to the governing development agreement will be targeted to serve as closely as possible the following household income categories: 25% very low income households, 25% low income households, 25% median income households, and 25% moderate income households (or as otherwise approved by the BOCC). (5) Lot rents and/or sales prices shall be established in accordance with restrictions outlined in Florida Statutes and/or the Monroe County Code. (6) All units designated by the applicable development agreement to remain as deed restricted affordable housing at the donated, purchased or appropriately deed -restricted site(s) shall comply with hurricane standards established by the Florida Building Code and habitability standards established under the Florida Landlord and Tenant Act. Compliance shall be accomplished a manner and within a timeframe set forth in the Development Agreement or, if applicable, in the relevant Minor Conditional Use. (7) A Development Agreement proposed under this program shall not utilize more than 50% of the existing affordable housing allocations then available to Monroe County, unless otherwise approved by the BOCC. (8) All of the redeveloped or preserved affordable housing units, whether redeveloped or retained at the original sender site(s), or at alternate alternate or additional locations, shall remain in the same planning sub- district as the original sender site(s). d) Minor Conditional Use Requirements: i) Receiver Site Restrictions: (1) The environmental sensitivity of the receiver site shall not be greater than that of the sender site. (2) A property owner cannot receive a certificate of occupancy for any unit constructed as a result of a transferred ROGO-exemption until all corresponding Eligible Sender Site units are completed and deed -restricted as affordable dwelling units. (3) All or any portion of the redeveloped or preserved affordable housing units may be redeveloped or retained at one or more alternate or additional VA Affordable Housing Incentive Programs Ordinance - I Mobile Homes v4 CLEAN.DOC 11,121, 2007 12:38:56 PNI locations donated or sold to Monroe County, identified in the Development Agreement and otherwise compliant with the remainder of this section, including but not limited to the requirements set forth in subsection 2.c)i)(2). e) Nothing herein shall preclude the County's replacement of sender site dwelling units with affordable allocations and recovery and transfer of market -rate ROGO-exemptions from the sender sites for use in administrative relief programs or other like purposes. Section 3. Severability. If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence or provision immediately involved in the controversy in which such judgment or decree shall be rendered. Section 4. Conflicting Provisions In the case of direct conflict between any provision of this ordinance and a portion or provision of any appropriate federal, state or County law, rule, code or regulation, the more restrictive shall apply. Section 5. Transmittal This ordinance shall be transmitted by the Planning and Environmental Resources Department to the Florida Department of Community Affairs to determine the consistency of this ordinance with the Florida Statutes and as required by F.S. 380.05(6) and (11). Section 6. Filing This ordinance shall be filed in the Office of the Secretary of State of Florida but shall not become effective until a notice is issued by the Department of Community Affairs or Administration Commission approving the ordinance. Section 7. Effective Date; Incorporation into Code of Ordinances. This ordinance shall become effective as provided by law and stated above and shall be incorporated into the Monroe County Code of Ordinances at such time. Where Comprehensive Plan amendments may be required in order for any part of this ordinance to be deemed consistent with the Comprehensive Plan, the effective date of such part shall be as of the effective date of the required Comprehensive Plan amendment and as otherwise required by law. Affordable Housing Incentive Programs Ordinance - 1 Mobile Homes v4 CLEAN.DOC 1 1,212007 12:38:56 PM PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of 2008. Mayor Charles "Sonny" McCoy Mayor Pro Tern Mario DiGennaro Commissioner Sylvia Murphy Commissioner George Neugent Commissioner Dixie Spehar BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor Charles "Sonny" McCoy (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK Deputy Clerk APPROVED AS TO FORM: ) LL CO If wt.a V�, Consulting Attorney M L P.. , Jerry Coleman, Esq. JERRY COLEMANTruman Annex Barton W. Smith, Es FL only)201 Front Street, Suite 203 � 1 Key West Florida 33040 Building 21 Second Floor jerryCjerrycolemanp1.net Y TEL 305-292-3095 bart(ci%jerrycolemanpl.net (Admitted Florida and New York) FAX 305-296-6200 Legal Assistant: Shannon(i jerrycolemanpl.net MEMORANDUM (CONSULTANT STAFF REPORT) TO: Monroe County Board of County Commissioners FROM: Jerry Coleman, Esq. Counsel to Monroe County Workforce Housing Task Force THROUGH: Townsley Schwab, Acting, Sr., Director of Planning & Environmental Resources Lisa Tennyson, Affordable Housing Coordinator DATE: December 3, 2007 SUBJECT: PROPOSED TEXT AMENDMENT TO THE MONROE COUNTY LAND DEVELOPMENT REGULATIONS MEETING DATE: December 19, 2007 I. PROPOSED AMENDMENT: The proposed amendment creates new Section. 9.5-266.1 Affordable Housing Incentive Programs. This staff report incorporates, relies upon, updates and modifies information contained in the staff reports previously provided to the Planning Commission by County planning staff and/or our offices. A. Previous County Action: i. Board of County Commissioners On July 18, 2007 the Board of County Commissioners (BOCC) adopted an ordinance enacting a temporary six-month moratorium on the acceptance of development applications for the redevelopment of mobile home parks, in order to give planning staff and the Workforce Housing Task Force time to fashion an amendment to the land development regulations that might help to stem the loss of the County's reservoir of affordable housing due to the redevelopment of mobile home parks. The commencement date of the moratorium was made retroactive to when the zoning in progress was initiated by the BOCC on May 16, 2007 and expired on November 16, 2007. To our office's knowledge and as expected, given market conditions, there has been no flood of trailer park redevelopment applications since November 16. ii. Development Review Committee On August 21, 2007 the Development Review Committee convened to review the proposed text amendment to create a mobile home park protection ordinance, and duly considered revisions and modifications suggested by staff and the public to clarify language and terms. iii. Planning Commission On September 26, 2007 the Monroe County Planning Commission heard the proposed text amendment at its regularly scheduled Key Largo monthly meeting and, in due consideration of the staff report and public testimony, the Planning Commission continued the item to its regularly scheduled Marathon October 10, 2007 meeting, with direction to staff to make necessary revisions prior to that meeting. Revisions were made pursuant to the Planning Commission's directions and the proposed text amendment was presented at the Planning Commission's October 10 meeting and, in due consideration of the staff report, the undersigned consultant's presentation and public testimony, the Planning Commission again continued the item to its regularly scheduled Key Largo October 24, 2007 meeting, with direction to staff to work with the undersigned to make necessary revisions prior to the forthcoming meeting. The Planning Commission was advised at its October 10 meeting that given the second continuance, the County's moratorium ordinance relating to the acceptance of applications for the redevelopment of existing mobile home parks would likely expire prior to the proposed text amendment being presented to the BOCC for an adoption hearing. Specifically addressing the Planning Commission directions, public comments and further staff suggestions provided at the October 10 Planning Commission meeting, the following modifications were made, among others: The scope of Eligible Sender Sites has been expanded in order to not restrict eligibility for the proposed program only to "mobile home parks", as they are and may be defined under state or other law, and to accommodate smaller aggregations of mobile homes that also now provide affordable housing. 2. The manner of maintaining the long-term affordability of Eligible Sender Site dwelling units was expanded from requiring the "donating" of underlying Eligible Sender Site 2 real property to Monroe County, to permitting the sale of such property to the County, or the use of other forms of deed -restrictions that might ensure adequate affordability in a manner satisfactory to the County. 3. Clarification of the targeted exchange and transfer ratio for market rate ROGO-exemptions that may be transferred from an Eligible Sender Site to varying types of receiver sites was accomplished, including the providing of several examples. The Planning Commission considered this ordinance at its regularly scheduled October 24, 2007 Key Largo meeting. Specifically addressing Planning Commission directions, public comments and further staff suggestions provided at the October 24 meeting, the following modifications were made, among others: Clarifying language was added, including a reminder that any given potential redevelopment scenario will depend upon the availability of affordable ROGO allocations that the County can provide to a sender site owner. 2. A requirement that all long-term affordable housing developed as a result of an agreement reached pursuant to this incentive program must remain in the Keys planning sub -area where the original sender site existed. 3. Clarification that nothing in the ordinance precludes the County from swapping affordable units from its existing pool of available units for market -rate ROGO exemptions that would otherwise be redeveloped into long-term affordable units under a development agreement reached under this proposed ordinance so that the County can use the recaptured market rate ROGO-exemptions for, among other things, administrative relief. At its October 24, 2007 meeting the Planning Commission recommended approval of the proposed ordinance in its present form on a 3-2 vote. B. Sponsor: The proposed text amendment was originated by the Workforce Housing Taskforce and was later given to the Department of Planning and Environmental Resources pursuant to direction from the BOCC to further refine the draft proposed ordinance designed to protect mobile home parks as reservoirs of affordable housing. The Planning Department and the Division of Housing and Community Development worked with our offices to finalize this ordinance. 3 C. Characteristics of the proposed text amendment 1. The intent of the new section is to establish a mobile home park protection program available to park owners that might contain sufficient incentives so as to encourage and result in the continued maintenance of existing workforce housing stock now existing in the County's mobile home parks (and other aggregation sites for mobile homes). 2. This program provides a park owner with a potential opportunity to transfer market rate ROGO-exemptions corresponding to currently existing and lawfully established dwelling units at a mobile home park (or other aggregate contiguous siting of mobile homes) to another site within Monroe County provided that certain conditions are met at the sender and receiver sites, particularly the creation of long-term deed -restricted affordable or workforce housing at, what in the ordinance is termed an "Eligible Sender Site" (or "Sites"). Eligible Sender Sites may be comprised of one or more parcels, and may be donated or sold to the County, or otherwise appropriately deed -restricted so as to ensure long-term affordability satisfactory to the County. 3. The amendment is designed to facilitate and encourage redevelopment that includes a range of housing opportunities through a variety of residential types, increase affordable housing opportunities within the County, and stimulate the provision and preservation of affordable housing within the County. 4. The program is voluntary. It is not and has never been held out to be a solution to housing affordability challenges in the County. It is designed to be a flexible tool that encourages creative arrangements with owners of Eligible Sender Sites with lawfully established dwelling units now serving as de facto affordable housing that might lead them to agree to work with the County to preserve affordable housing uses. The program recognizes that the County will not readily be in a position to purchase Eligible Sender Sites and existing dwelling units/ROGO-exemptions outright at market prices. The right to transfer some number of ROGO-exemptions for market rate development offsite, coupled with the right to develop/redevelop for sale or rental purposes the relevant Eligible Sender Site(s), might, it is hoped, provide enough economic incentive for owners of Eligible Sender Sites to enter into voluntary agreements with the County under this program. 5. The redevelopment of affordable housing sites will be targeted, but shall not be mandated to follow the following ratio: servicing the housing needs of 25% very low, 25% low, 25% median, 25% moderate -income households (or as approved by the BOCC). II. ANALYSIS: A. Consistency with the Land Development Regulations County requirements for amendments to the land development regulations: Pursuant to Section 9.5-511(d)(5)b of the Monroe County Code, the Board of County Commissioners may consider the adoption of an ordinance enacting proposed changes to the text 4 or maps based on one (1) or more of the following factors, for which the following justification is provided: (i) Changed projections (e.g., regarding public service needs) from those on which the text or boundary was based; None. (ii) Changed assumptions (e.g., regarding demographic trends); None. (iii) Data errors, including errors in mapping vegetative types and natural features described in Volume I of the plan; None. (iv) New issues; The redevelopment and conversion of existing mobile home parks and sites containing aggregations of mobile homes (whether or not such sites are technically "mobile home parks" as that term may be defined in state or other law) into market rate housing has exacerbated the loss of workforce housing and the affordable housing problems facing Monroe County by further depleting the remaining reservoir of affordable housing in the Keys. (v) Recognition of a need for additional detail or comprehensiveness; or Monroe County Year 2010 Comprehensive Plan Objective 601.6 directs the County to "formulate housing implementation programs corresponding to each of the specific objectives defined within this element, including incentive programs to be implemented in conjunction with the Permit Allocation System, to promote the development of affordable and elderly housing. " (vi) Data updates, - According to Section 7.1.1, A, Type and Tenure, of the Technical Document, housing units classified as mobile homes and trailers comprised approximately 33% of the total housing stock of the Keys. The Monroe County Year 2010 Comprehensive Plan Technical Document Housing Element 7.0 projected the number of housing units needed for resident households of Monroe County by 2002 according to various income groups as 7,093 dwelling units for "Very Low" income households, 5,320 dwelling units for "Low" income households, and an additional 5,528 dwelling units needed for "Moderate" income households (p. 7-24). E B. Consistency with the Comprehensive Plan. The proposed amendment is consistent with the following goals, objectives or policies of the MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN. Policy 601.1.12 By January 4, 1997, Monroe County, shall adopt Land Development Regulations which may include density bonuses, impactfee waiver programs, and other possible regulations to encourage affordable housing. Obiective 601.2 Monroe County, shall adopt programs and policies to encourage housing of various types, sizes and price ranges to meet the demands of current and future residents. Obiective 601.6 By January 4, 1998, Monroe County shall formulate housing implementation programs corresponding to each of the specific objectives defined within this element, including: 1. the expansion ofpublic information assistance; 2. incentive programs, to be implemented in conjunction with the Permit Allocation System, to promote the development of affordable and elderly housing; and 3. the elimination ofsubstandard housing. C. Consistency with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern. The proposed text amendment is consistent with the Principles for Guiding Development as a whole and is not inconsistent with any Principle. Specifically, the amendment furthers: Principle (a) To strengthen local government capabilities for managing land use and development so that local government is able to achieve these objectives without the continuation of the area of critical state concern designation, and Principle 0) To make available adequate affordable housing for all sectors of the population of the Florida Keys. IV. FINDINGS OF FACT AND CONCLUSIONS OF LAW: 1. The proposed text amendment is justified by three (3) of the factors in Section 9.5-511 of the Monroe County Code, which the BOCC may consider for amending the land use regulations: (iv) New issues; (v) Recognition of a need for additional detail or comprehensiveness; and (vi) Data updates. lei 2. The proposed text amendment is consistent with the following Comprehensive Plan objectives and policies: Policy 601.1.12 2. Objective 601.2 3. Objective 601.6 3. The proposed text amendment is consistent with the following Principles for Guiding Development in the Florida Keys Area of Critical State Concern: (a) and 0). 4. The proposed text amendment is in the interest of public welfare. The amendments to the land development regulations contribute to the set of overall programs and policies designed to preserve and protect the County's existing affordable and workforce housing stock. V. STAFF AND CONSULTANT RECOMMENDATION: Approval. BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 19, 2007 Bulk Item: Yes No X Division: Growth Management_ Department: Planning Staff Contact Person: Kathy Grasser, Planner Townsley Schwab, Acting Director, Planning And Environmental Resources AGENDA ITEM WORDING: A public hearing to consider approval of an ordinance by the Monroe County Board of County Commissioners to update, annually, the Five (5) Year Schedule Of Capital Elements and creating policy 1401.1.6 to annually adopt by reference the Florida Key's Aqueduct Authority 20-Year Water System Capital Improvement Master Plan And creating Policy 1401.1.7 to annually adopt by reference The Florida Department Of Transportation's (FDOT) Five (5) Year Work Plan. (Staff requests that this item be withdrawn it will be re -advertised at a later date) ITEM BACKGROUND: The annual update requires an amendment to the Monroe County Year 2010 Comprehensive Plan Table 4.1: 5-Year Schedule of Capital Improvements. Florida Statute Chapter 163.3177 (3)(a)6.(b)l requires that a local government's Capital Improvements Element be reviewed on an annual basis and updated as necessary in order to maintain a financially feasible 5-year schedule of capital improvements. The purpose of the 5-year schedule of capital improvements is to direct expenditures for public facilities to reduce existing deficiencies in levels of service, provide for replacements of worn out facilities, and meet future demands for Transportation, Solid Waste, Sanitary Sewer and Storm Water Management, and Parks and Recreation. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: NA STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A BUDGETED: Yes No COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # W:`GROWTH MANAGEMENT BOCC`-GMD Agenda Items'200712I9=Capital Improvements Projects (CIP) 200TAGENDA SUMMARY 2007 C IP. DOC Page I of 1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY " 3:00 P.M. PUBLIC HEARING Meeting Date: Decemberl9 2007 - MAR Bulb Item: Yes X No Division: County Attorne Staff Contact Person: Suzanne Hutton Phone #: 3473 AGENDA ITEM WORDING: A public hearing to consider approval of an ordinance amending Section 2, Article XXVII, Monroe County Code by adding Section 2-633 to impose a $3 mandatory additional court cost in specific cases solely to operate and maintain Teen Court in Monroe County pursuant to F. S. 938.19 and deleting Teen Court Costs from Section 2-632(b)(4) Monroe County Code, the 25% of the $65 mandatory court costs to solely fund the Intensive Delinquency Diversion Services. Both programs are administered by the Monroe County Sheriff s Office. ITEM BACKGROUND: The intent of this ordinance is to create an alternative funding source to be used specifically for Teen Court in Monroe County to (a) better fund the program by the overall amount of money collected as a mandatory cost for certain defendants and (b) ultimately reduce the amount of general funds necessary to maintain the Teen Court program in Monroe County, allowing the remaining funds collected under to be earmarked used to fund the Intensive Delinquency Diversion Services allowable under Sec. 2- 632(b)(4) Monroe County Code and Florida Statutes 938.185(1)(a)4. Florida Statutes 938.19(7) prohibits Teen Courts receiving funding under F. S. 939.19 to also receive court costs collected under F. S. 939.185 (1)(a) 4. PREVIOUS RELEVANT BOCC ACTION: In 2000, Teen Court of Monroe County was funded by a $3.00 mandatory cost that was authorized by the BOCC in Ordinance 028-2000 pursuant to F.S. 938.19. In 2004, the Florida Legislature amended F.S. 938.19 and voided the County's authority to enact Ordinance 028-2000. In 2004, the BOCC enacted Ordinance 016-2004, pursuant to F.S. 939.185, to assess a $65.00 mandatory cost in specific cases to be split equally between supplemental funding for the State Court system in Monroe County, to fund legal aid programs in Monroe County, personnel and legal materials for the public as part of the law libraries, and teen court and other juvenile alternative programs in Monroe County as determined by the BOCC. In 2006, the Florida Legislature re-enacted F.S. 938.19 again authorizing the BOCC to assess a mandatory $3.00 cost on certain defendants to fund local Teen Courts. 11/14/07 BOCC approved Public Hearing to be held 12/19/07 at 3:00 p.m. in Marathon. CONTRACT/AGREEMENT CHANGES: Not applicable. STAFF RE, COMMENDATIONS: Approval. TOTAL COST: N/A BUDGETED: Yes No X COST TO COUNTY: N/A SOURCE OF S: Fines assessed pursuant to Section 938.19, Florida Statutes REVENUE PRODUCING: Yes X No AMOUNT PER MONTH TBD Year APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required 'SITION: AGENDA ITEM '.' WHEREAS, the levy of a mandatory cost on specific cases is an appropriate method of funding Teen Court; and WHEREAS, Monroe County has a Teen Court Program administered by the Sheriff of Monroe County; and WHEREAS, the purpose of Teen Court is to provide Monroe County's youth with an alternative to a conviction record by diverting them into a system where they are sentenced by their peer group and to expose teen volunteers to community service work, positive role models, and the judicial system; and WHEREAS, in 2000, the Monroe County Board of County enacted Ordinance No. 028-2000 as authorized at the time by Florida Statutes 938.19, which assessed a mandatory $3.00 cost in specific cases to fund the operation and administration of Teen Court; and WHEREAS, in 2003, the Florida Legislature passed Ch. 2003-402, Laws of Florida, which amended Section 938.19, Florida Statutes, and voided the County's authorization for the $3.00 assessment to fund the operation and administration of Teen Court; and WHEREAS, in May 2004, the Florida Legislature passed Ch. 2004-265, Laws of Florida, creating Section 939.185, Florida Statutes, allowing each Board of County Commissioners to enact an ordinance allowing the imposition of $65.00 in additional costs to be imposed in certain cases, of which twenty-five per cent (25%) could be used for teen court, juvenile assessment centers, and other juvenile programs; and 1 WHEREAS, in 2004, the Monroe County Board of County Commissioners enacted Ordinance No. 016-2004, as authorized at the time by Florida Statutes 939.185, which assessed a mandatory $65.00 cost in specific cases to be split equally between supplemental funding for the State Courts system in Monroe County, legal aid programs in Monroe County, personnel and legal materials for the public as part of the law libraries, and teen court programs and other juvenile alternative programs in Monroe County as determined by the Board of County Commissioners; and WHEREAS, in 2005, the Florida Legislature passed Ch. 2005-236, Laws of Florida, which reinstated the authority for counties to enact an ordinance adopting a mandatory $3 court costs assessment in specific cases in order to fund the operation and administration of Teen Courts only; and WHEREAS, Section 938.19, Florida Statutes, as amended in 2006 and 2007, specifically excludes a Teen Court funded under an ordinance pursuant to that statute from receiving court costs collected under Section 939.185, Florida Statutes; and WHEREAS, Ordinance 016-2004 provided that the ordinance should be incorporated in the Monroe County Code of Ordinances as Section 2-605, however, Ordinance 004-2004, passed and adopted by the Monroe County Board of County Commissioners on February 18, 2004, had previously provided that Ordinance 004-2004 should be incorporated in the Monroe County Code as Section 2-605, and this conflict can now be addressed and resolved; [PROPOSED TEXT CHANGES are presented in st-rikethr-egx to indicate deletions and underline to indication additions.] Section L A new section is hereby created and added to Section 2, Article XXVII. COURT COSTS, Monroe County Code, to be numbered "Section 2-633. Teen Court Costs." and shall read as follows: Section 2-633. 'Veen Court Costs. f a) Pursuant to the authority ,granted to the Counter by Section 938.19, Florida Statutes, the sum of $3.00 shall be assessed as a court cost in the circuit and the county court in the county against each person who pleads guilty or nolo contendere to or is convicted of regardless of adjudication, or adjudicated delinquent for a violation of a criminal law, a delinquent act, or a municipal or county ordinance, or who pans a fine or civil penalty_%r_any violation of Chapter 316 Florida Statutes. 2 kW An person whose adjudication is withheld pursuant to the provisions of Section 318.14(9) or (10), ]Florida Statutes, shall also be assessed such cost. (c) This $3.00 court cost shall be assessed in addition to any fine, civil penalty, or other court cost and shall not be deducted from the proceeds from that portion of any fine or civil penalty that is received by a_municpality in the county or by the county in accordance with Sections 316.660 and 318,21, Florida Statutes. This $3.00 court cost shall be specifically added to my civil penalty paid for a violation of Chapter 316, Florida Statutes, whether such penalty is paid by mail aid in person without request for a hearing,.. -or paid after hearing. and determination by -the court. Le) This $3.00 court cost shall not be made against a person for a violation of any state law, county ordinance, or municipal ordinance relating to the parking of vehicles with the exception -of a violation of the handicapped parking laws. (D The Clerk of the Court shall collect the $3.00 assessments for court costs pursuant to Florida Statute 938.19. Said funds shall be deposited in the Office of the Clerk of Court and shall be placed in an interest bearing account. The funds shall be distributed by the Clerk to the Monroe County Sheriff's Office specifically for the operation and maintenance of teen court on a quarterly basis, less 5 percent of the assessments collected, which shall be retained as fee income of the Office of the Clerk. Section 2. Section 2-632(b)4., Article XXVII. COURT COSTS, Monroe County Code shall be amended to read: "4. Twenty-five (25) percent shall be allocated to fund teen court programs and e juvenile alternative programs in Monroe County as determined by the board of county commissioners." Section 3. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 4. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. 3 Section 5. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 6. This ordinance shall take effect immediately upon .receipt of official notice from the Office of the Secretary of State of the State of Florida that this ordinance has been filed with said Office. PASSER AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the day of December, 2007. Mayor Mario Di Gennaro Mayor Pro Tem. Dixie Spehar Commissioner Charles McCoy Commissioner Sylvia Murphy Commissioner George Neugent (SEAL) Attest: DANNY L. KOHLAGE, Clerk 10 Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor Mario Di Gennaro ONO COUNTY ATTO E <ROVED AS TO i� ZAN EA. TT M ARTICLE XXVII. COURT COSTS* Page 1 of 2 ARTICLE XXVII. COURT COSTS* *Editor's note: Ord. No. 017-2004, § 1, adopted June 16, 2004 and Ord. No. 016-2204, § 1, adopted June 16, 2004, provided for the inclusion of §§ 2-604 and 2-605, respectively. Inasmuch as §§ 2-604 and 2-605 were previously enacted by Ord. No. 004-2004, the provisions of Ord. Nos. 017-2004 and 016-2004 have been included as art. XXVII, §§ 2-631--2-632 at the editor's discretion. Sec. 2-631. Surcharge in traffic cases. (a) Pursuant to section 318.18(13)(a), Florida Statutes, every person who pays a fine or civil penalty for any violation of a non -criminal traffic infraction, as defined in section 318.14(1), Florida Statutes and every person who pleads guilty or nolo contendere to or is convicted, regardless of adjudication, of a criminal violation listed in section 318.17, shall be assessed a surcharge of fifteen dollars ($15.00). A non -criminal traffic infraction is defined in section 318.14 (1), Florida Statutes. (b) The court shall order payment of this additional court costs in all matters subject to this section and the clerk of court shall add this surcharge to all payments of fines or civil penalties for any violation of a non -criminal traffic infraction. (c) The funds collected pursuant to this section shall be used to fund state court facilities. Funds collected pursuant to this ordinance shall be expended in accordance with the direction of the board of county commissioners. (Ord. No. 017-2004, § 2) Editor's note: Ord. No. 017-2004, § 2, adopted June 16, 2004, provided for the inclusion of § 2-604. Inasmuch as § 2-604 was previously enacted by Ord. No. 004-2004, § 1, the provisions of Ord. No. 017-2004 have been redesignated as § 2-631 at the editors discretion. Sec. 2-632. Additional court costs in criminal cases. (a) Pursuant to section 939.185, Florida Statutes, an additional court cost of sixty-five dollars ($65.00) shall be imposed by the court when a person pleads guilty or nolo contendere to, or is found guilty of, any felony, misdemeanor, or criminal traffic offense under Florida laws. (b) Funds received from this additional court cost shall be distributed as follows: 1. Twenty-five (25) percent of the amount collected shall be allocated to supplement state funding for the elements of the state courts system in Monroe County as identified in sections 29.004, Florida Statutes, and County funding for local requirements under section 29.008(2)(a)2, Florida Statutes. 2. Twenty-five (25) percent shall be allocated to fund legal aid programs in Monroe County consistent with section 29.008(3), Florida Statutes. 3. Twenty-five (25) percent shall be allocated to fund personnel and legal materials for the public as part of law libraries, whether as separate libraries or as part of the Monroe County Public Library System. 4. Twenty-five (25) percent shall be allocated to fund teen court programs and other http://Iibraryl.municode.comhncc/DocView/11270/1/5/36?hilite=teen;court;courts; 10/22/2007 ARTICLE XXVII. COURT COSTS* Page 2 of 2 juvenile alternative programs in Monroe County as determined by the board of county commissioners. (c) The court shall order payment of these additional court costs in all matters subject to this section, but may defer payment if the person against wham the cost is imposed is indigent. (d) At the end of each county fiscal year during which said additional court costs are collected, any surplus is required to be reallocated and transferred for use to fund innovations to supplement funding for the state court system in Monroe County under paragraph (a)(1) above. (Ord. No. 016-2004, § 2) Editor's note: Ord. No. 016-2004, § 2, adopted June 16, 2004, provided for the inclusion of § 2-605. Inasmuch as § 2-604 was previously enacted by Ord. No. 004-2004, § 1, the provisions of Ord. No. 016-2004 have been redesignated as § 2-632 at the editors discretion. http://IibTaryl.municode.com/mee/DoeView/l1270/l/5/36?hilite--teen;court;courts; 10/22/2007 Statutes & Constitution :View Statutes :->2007->Ch0938->Section 19 : Online Sunshine Page 1 of 1 938.19 Teen courts.-- (1) Notwithstanding s. 318.121, in each county in which a teen court has been created, the board of county commissioners may adopt a mandatory court cost to be assessed in specific cases by incorporating by reference the provisions of this section in a county ordinance. Assessments collected by the clerk of the circuit court under this section shall be deposited into an account specifically for the operation and administration of the teen court. (2) A sum of up to $3 shall be assessed as a court cost in the circuit and county court in the county against each person who pleads guilty or nolo contenders to, or is convicted of, regardless of adjudication, or adjudicated delinquent for a violation of a criminal law, a delinquent act, or a municipal or county ordinance, or who pays a fine or civil penalty for any violation of chapter 316. Any person whose adjudication is withheld under s. 318.14(9) or (10) shall also be assessed the cost. (3) The assessment for court costs shall be assessed in addition to any fine or civil penalty or other court cost and may not be deducted from the proceeds of that portion of any fine or civil penalty that is received by a municipality in the county or by the county in accordance with ss. 316.660 and 318.21. The assessment shall be specifically added to any civil penalty paid for a violation of chapter 316, regardless of whether the penalty is paid by mail, paid in person without request for a hearing, or paid after hearing and determination by the court. However, the assessment may not be made against a person for a violation of any state law or municipal or county ordinance relating to the parking of vehicles, with the exception of a violation of the handicapped parking laws. (4)(a) The clerk of the circuit court shall collect the assessments for court costs established in this section and shall remit the assessments to the teen court monthly. (b) The clerk of the circuit court shall withhold 5 percent of the assessments collected, which shall be retained as fee income of the office of the clerk of the circuit court. (5) A teen court must account for all funds received under this section in a written report to the board of county commissioners. The report must be given to the commissioners by August 1 of each year or by a date required by the commissioners. (6) A teen court may be administered by a nonprofit organization, a taw enforcement agency, the court administrator, the clerk of the court, or another similar agency authorized by the board of county commissioners. (7) A teen court administered in a county that adopts an ordinance to assess court costs under this section may not receive court costs collected under s. 939.185(1)(a)4. http://www.leg.state.fl.uslStatutes/index.cfm?App_mode=Display_Statute&Search Strin... 10/23/2007 Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 2 939.185 Assessment of additional court costs and surcharges.-- (1)(a) The board of county commissioners may adopt b ordinance an additional court cost, not to exceed $65, to be imposed by the court when a person pleads guilty or nolo contendere to, or is found guilty of, or adjudicated delinquent for, any felony, misdemeanor, delinquent act, or criminal traffic offense under the laws of this state. Such additional assessment shall be accounted for separately by the county in which the offense occurred and be used only in the county imposing this cost, to be allocated as follows: 1. Twenty-five percent of the amount collected shall be allocated to fund innovations to supplement state funding for the elements of the state courts system identified in s. 29.004 and county funding for Local requirements under s. 29.008(2)(a)2. 2. Twenty-five percent of the amount collected shall be allocated to assist counties in providing legal aid programs required under s. 29.008(3)(a). 3. Twenty-five percent of the amount collected shall be allocated to fund personnel and legal materials for the public as part of a law library. 4. Twenty-five percent of the amount collected shall be used as determined by the board of county commissioners to support teen court programs, except as provided in s. 938.19(7), juvenile assessment centers, and other juvenile alternative programs. Each county receiving funds under this section shall report the amount of funds collected pursuant to this section and an itemized list of expenditures for all authorized programs and activities. The report shall be submitted in a format developed by the Supreme Court to the Governor, the Chief Financial Officer, the President of the Senate, and the Speaker of the House of Representatives on a quarterly basis beginning with the quarter ending September 30, 2004. Quarterly reports shall be submitted no later than 30 days after the end of the quarter. Any unspent funds at the close of the county fiscal year allocated under subparagraphs 2., 3., and 4., shall be transferred for use pursuant to subparagraph 1. (b) In addition to the court costs imposed under paragraph (a) and any other cost, fine, or penalty imposed by law, any unit of local government which is consolidated as provided by s. 9, Art. Vill of the State Constitution of 1885, as preserved by s. 6(e), Art. Vill of the State Constitution of 1968, and which is granted the authority in the State Constitution to exercise all the powers of a municipal corporation, and any unit of local government operating under a home rule charter adopted pursuant to ss. 10, 11, and 24, Art. VIII of the State Constitution of 1885, as preserved by s. 6(e), Art. Vill of the State Constitution of 1968, which is granted the authority in the State Constitution to exercise all the powers conferred now or hereafter by general law upon municipalities, may impose by ordinance a surcharge in the amount of $85 to be imposed by the court when a person pleads guilty or nolo contendere to, or is found guilty of, or adjudicated delinquent for, any felony, misdemeanor, delinquent act, or criminal traffic offense under the laws of this state. Revenue from the surcharge shall be transferred to such unit of local government for the purpose of replacing fine revenue deposited into the clerk's fine and forfeiture fund under s. 142.01. Proceeds from the imposition of the surcharge authorized in this hq://www.leg.state.fl.us/Statutes/index.cfm?App_ ode=Display_Statute&Search Strin... 10/23/2007 Statutes & Constitution :View Statutes : Online Sunshine Page 2 of 2 paragraph shall not be used for the purpose of securing payment of the principal and interest on bonds. (c) The disbursement of costs collected under this section shall be subordinate in priority order of disbursement to all other state -imposed costs authorized in this chapter, restitution or other compensation to victims, and child support payments. (2) The court shall order a person to pay the additional court cost. if the person is determined to be indigent, the clerk shall defer payment of this cost. http://www.leg.state.fl.usIStatuteslindex.cfm?App_jrnode=Display_Statute&Search Strin... 10/23/2007 Meeting Date: November 14, 2007 - KL Bulk Item: Yes X No Division: Sheriff's Department Contact Person: Janine Gedmin, MCSO Phone #: 292-7042 AGE, NIDA ITEM WORDING: Approval to advertise and hold a public hearing to consider approval of an ordinance amending Section 2, Article XXVII, Monroe County Code by adding Section 2-633 to impose a $3 mandatory additional court cost in specific cases solely to operate and maintain Teen Court in Monroe County pursuant to F. S. 938.19 and deleting Teen Court Costs from Section 2- 632(b)(4) Monroe County Code, the 25% of the $65 mandatory court costs to solely fund the Intensive Delinquency Diversion Program. Both programs are administered by the Monroe County Sheriffs Office. ITEM BACKGROUND: The intent of this ordinance is to create an alternative funding source to be used specifically for Teen Court in Monroe County to (a) better fund the program by the overall amount of money collected as a mandatory cost for certain defendants and (b) ultimately reduce the amount of general funds necessary to maintain the Teen Court program in Monroe County, allowing the remaining funds collected under to be earmarked used to fund the Intensive Delinquency Diversion Program allowable under Sec. 2- 632(b)(4) Monroe County Code and Florida Statutes 938.185(1)(a)4. Florida Statutes 938.19(7) prohibits Teen Courts receiving funding under F. S. 939.19 to also receive court costs collected under F. S. 939.185 (1)(a) 4. PREVIOUS RELEVANT BOCC ACTION: In 2000, Teen Court of Monroe County was funded by a $3.00 mandatory cost that was authorized by the BOCC in Ordinance 028-2000 pursuant to F.S. 938.19. In 2004, the Florida Legislature amended F.S. 938.19 and voided the County's authority to enact Ordinance 028-2000. In 2004, the BOCC enacted Ordinance 0.16-2004, pursuant to F.S. 939.185, to assess a $65.00 mandatory cost in specific cases to be split equally between supplemental funding for the State Court system in Monroe County, to fund legal aid programs in Monroe County, personnel and legal materials for the public as part of the law libraries, and teen court and other juvenile alternative programs in Monroe County as determined by the BOCC. In 2006, the Florida Legislature re-enacted F.S. 938.19 again authorizing the BOCC to assess a mandatory $3.00 cost on certain defendants to fund local Teen Courts. CONTRACT/AGREEMENT CHANGES: Not applicable. STAFF RECOMMENDATIONS: Approval to advertise and hold a Public Hearing on December 19, 2007 at 3:00 P.M. in Marathon. TOTAL COST: NIA BUDGETED: Yes No X COST TO COUNTY: N/A SOURCE OF FUNDS: Fines assessed pursuant to Section 938.19, Florida Statutes REVENUE PRODUCING: Yes X No _ AMOUNT PER MONTH TBD Year APPROVED BY: County Atty - OMB/Purchasing Risk Management _ DOCUMENTATION: Included X Not Required DISPOSITION: f, iE Page 1 of 1 From: Peters -Katherine Sent: Wednesday, October 24, 2007 4:15 PM To: 'Janine Gedmin' Cc: Hutton -Suzanne; Hall -Cynthia; Cyr -Connie; 'Mark Willis'; 'bherdn@keysso.net' Subject: Ordinance Amendment: Adding Sec. 2-633 and amending Sec. 2-632(b)4 Re: Assessed court costs - Teen Court/ Intensive Delinquency Diversion Program Attachments: TEEN COURT ORDINANCE AMENDMENT MCSO (Agenda Back -Up 11 14 07).pdf Good afternoon Janine -- Suzanne has reviewed all and determined both issues could be addressed via the Ordinance amending Section 2, Article XXVII. COURT COSTS, Monroe County Code by: Creating/adding Sec. 2-633 imposing the $3 assessment solely for Teen Court Amending Sec. 2-632(b)4 by deleting the language " to enable the 25% (of the $65 assessment collected under Sec. 2-632) that used to be used for Teen Court to be used solely for IDDP eliminating the need for the separate resolution. After the Public Hearing, if the Ordinance is approved, and the Clerk requires a specific resolution directing the Clerk to disburse funds for IDDP is needed, a resolution would be presented to the Board at that time but she seems to feel the Ordinance/amendment to the Code should be sufficient. I have attached a scanned copy of the agenda back-up for the approval to advertise/hold Public Hearing for the Nov. 14 BOCC meeting which includes the Agenda Item Summary and proposed Ordinance (which have been initialed/stamped approved by Suzanne). I also included copies of the applicable Monroe County Code and Florida Statutes as reference for persons viewing the agenda back-up. As you can see, this will be a Sheriff's Office item so the Sheriffs Office may be called upon by the Board at the meeting to answer any questions or concerns they may have regarding this item. If this meets with your approval, I think the agenda back-up should be ready for electronic submission to Connie Cyr, County Administrator's Office (cyr-connie aQmonroecounty-fl.gov) for placement on the agenda for November. If not OK, let me know. The agenda submission deadline for the November BOCC meeting is October 30tt' If the Board approves the holding of the Public Hearing, this office will "take it from here" and will publish the Notice of Public Hearing in the papers as required and place the Public Nearing on the December agenda as a County Attorney item. Because of this, I will retain the original proposed Ordinance that bears Suzanne's original stamp/signature in this office and will forward a hard copy to you via courier for your files. Just let me know if it's a go on your end... 10/24/2007 �ttPi •ijy , � 4 d_ SANDRA TAYLOR CHIEF JUDGE .SIXTEENTH eJUDICIAL CIRCUIT OF FLORIDA MONROE COUNTY COURTHOUSE 502 WHITEHEAD STREET KEY WEST, FLORIDA 33040 RAQUEL GALVAN JUDICIAL ASSIS-PANT October 17, 2007 Dear Honorable Commissioners, TEL: 305 / 292 - 3480 FAX: 305/292 -3434 I am Writing to respectfully recommend that you enact the proposed Teen Court Ordinance. This ordinance will eventually fully fund a program in the juvenile justice system without requiring any money from the county general fund budget. The money would be assessed as costs and fines from criminal and traffic violations. Teen Court is a highly successful program that benefits our children and families and protects the community. Juveniles who are first time, misdemeanor offenders are given the chance to complete this program and avoid having a criminal record. This reduces the size of our delinquency dockets and teaches offenders and volunteers about our court system. In addition to the general fund supplement, Teen Court is currently funded with '/4 of the $65.00 assessment from Ordinance No. 016-2004. With the new Teen Court ordinance in place I would support the reassignment of that funding to augment the Intensive ueiinquency Diversion Services Program that is also much needed in the system. i his program is very effective for higher risk juveniles and is dependent on state funding that varies from year to year. Thank you for your support of the 16`h Judicial Circuit and for the youth of our county. -Q. 1