Item R1
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Growth Managcmctl1J;livision
2798 Overseas Highway
Suite 400
Marathon, norida :~3050
Voice: (305) 289-2500
FAX: (305) 289-2536
Board of County Commissioners
Mayor Dtxie M. Spehar, Dlst. 1
Mayor Pro Tent Murray E_ Nelson, Dist. 5
Comm. Charles "Sonny" McCoy, Dbt. :3
Comm. George Ncusent, Dist. Z
Conun. David Rice, Dist. 4
VIA FACSIMILE
MEMORANDUM
TO:
Board of County Commissioners
FROM:
Timothy J. McGarry, AICP, Director
Growth Management Division
DATE:
January 13, 2003
SUBJECT:
Attachment to Agenda Item R 1 - January t 5, 2003
Enclosed please find the documentation to follow to be attached to the agenda item summary sheet
regarding the Administrative Relief application flied by Larry and Irene Malanga for your review.
Please attach this document to your R 1 agenda packet for the upcoming BOCC meeting.
I f you have any questions, please contact me directly at 289-251 7.
CC: James Roberts, County Administrator
Danny Kolhage, County Clerk
John R. Collins, County Attorney
leg
H:\^dminiGtrative\Working Folders\Gardner-CoIleen\Collecn\bocc stuft\memo to bocc Hcr 101602.doc
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BOARD O~' COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 15,2003
Bulk Item: Yes No X
Division: Growth Management
Department. Pl:Jnning
AGENDA ITEM WORDING:
Continuation of public hearing to consider Administrative Relief application filed by Larry and Irene
Malanga for lot lOin Eden Pines Subdivision on Big Pine Key.
--
ITEM BACKGROUND:
This application for relief under ROGO has been tiled lmder provisions of Section 9_5-122_2(f) of the
Monroe County Code that allows any applicant, who has been considered and denied a ROGO allocation
for 3 of 4 consecutive yeal'S, to file for relief with the BOCC. This relief may take the form of an offer to
purchase the applicant's property, issuance of a building permit, or suggestions of such other relief as may
be deemed appropriate by the BOCC. The applicant applied for their ROGO allocation on November 21,
1996 (Y5 Q2) and applied for administrative relief on February 26, 2001 in Year 9 QUa11er 3.
This hearing was continued from the December 18, 2002 meeting.
PREVIOUS RELEVANT BOARD ACTION: N/A
CONTRACTI AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION: Approval ofa resolution to offer to purchase thc subject propel1y at
fair market value.
TOT AL COST: Cost to purchase the lot
BUDGETED: Yes No
COST TO COUNTY: Cost to purchase the lot SOURCE OF FUNDS: N/ A
REVENUE PRODUCINC:Yes N/A No
AMOUNT PER MONTH N/ A YEAR
DIVISION DIRECTOR APPROVAL:
N/A
APPROVED BY: County AttorneyN/A
p
DOCUMENTATION: Included
X To follow
Not Required -()
AGENDAITEM#: ~
DISPOSITION:
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County of Monroe
Growth Manllltement Division
2798 Overseas Hishway
Suite 400
Marathon, florida 33050
Voice: (305) 289-2GOO
FAX: (305) 289-2536
Board of County Commissioners
Mayor Dixie Spehar, Dist. 1
Mayor Pro Tern Mw'ray Nelson, Dist. 5
Comm. Charles "Sonny" McCoy, Dist. 3
Camm. George Neugent, Dist. 2
Comm. David r. Rice, Dist. 4
MEMORANDUM
To:
Board of County Commissioners
K. Marlene Conaway, Director,\\.~
Department of Planning and Environmental Resources
From:
Date:
January 13, 2003
Subject:
Agenda Item Rl - Update on Administrative Relief Request filed by Larry
and Irene Malanga
Background on Administrative Relief Request
At their December 18, 2002 meeting the Board of County Commissioners considered the request
of Larry and Irene Malanga for administrative relief. The applicant's property is lot 10 located in
Eden Pines Colony, First Addition, Big Pine Key. The remedies available to an applicant for
Administrative Relief include issuance of a building permit or just compensation by purchase of
the propel1y or such other relief as may be necessary or appropriate. The recommendation of staff
is to purchase the property because it is located in a subdivision that will be considered a Tier II.
The subject property is designated as Tier II because of its distance from US l; the subdivision is
across the road from an area of sensitive environmental habitat; and is very close to areas owned
hy the USFWS that are considered valuable habitat for endangered species.
Updated Recommendation
The Board directed the staff to further evaluate the subject property at the December meeting and
present the findings at the January meeting. After further review of the application and a site visit
conducted by the Planning Director and the Division Director, the staff recommendation remains
to offer to purchase the property.
The subject property is one of approximately 510 vacant, privately-owned parcels which are
designated as Tier II on Big Pine Key. While Tier II is considered a transition area for
development purposes, staff is eoncemed with setting the precedent of recommending granting a
permit for Tier II administrative relief cases because of the secondary impacts of development of
these lots on the threatened and endangered species and their habitat.
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County of Monroe
Tier designations on Big Pine were designated as such using a Key Deer PV A (Population
Viability Analysis) model which found that because of an increased distance from US 1,
development of Tier II properties would result in the greater likelihood of a species 'taking' due to
vehicular traffic. The increased distance from US 1, additional residential units would increase thc
number of vehicular trips on Key Deer Boulevard by roughly 9 per day. Increased trips will result
in negative secondary impacts to the endangered species within the area due to the impact of
development, including additional mortality, Additionally, Tier II properties were determined to
be within proximity of endangercd species habitat areas and these areas should be protected from
additional development The subject property is located directly across from a large portion of
sensitive habitat, which the model suggests should be buffered by at least 500 meters from
additional development. Therefore, because of the secondary impacts due to the added vehicular
trips, which an additional residential dwelling unit would create, and the proximity of the subject
property to sensitive environmental habitat, staff continues to recommend an offer to purchase the
property he the administrative relief.
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