Item U3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 19. 2003
Division:
Growth Management
Bulk Item: Yes
No~
Department: Planning
AGENDA ITEM WORDING:
Continuation of a 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 filed under 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 years, 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 Quarter 3.
PREVIOUS RELEVANT BOCC ACTION:
Item was continued from the December 18, 2002 meeting for further discussion.
CONTRACT/AGREEMENT CHANGES:
Not Applicable.
STAFF RECOMMENDATIONS:
Approval of a resolution to offer to purchase the subject property at fair market value.
TOTAL COST:
Cost to purchase the lot
BUDGETED: Yes
No
COST TO COUNTY: Cost to purchase the lot
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No ~ AMOUNT PER MONTH
Year
DOCUMENTATION:
Included X
Risk Management N/ A
APPROVED BY: County Atty X
DIVISION DIRECTOR APPROVAL:
,AICP
To Follow
Not Required_
DISPOSITION:
AGENDA ITEM # V~
i~
Revised 2/27/01
County of Monroe
Growth Ma.na.2ement Diviaion
2798 Overseas Highway
Suite 400
Marathon, norida 33050
Voice: (305) 289-2500
FAX: (305) 289-2536
Board of County ~ers
Mayor Dixie Spehar, Dist. 1
Mayor Pro Tern Murray Nelson, Dist. 5
Comm. Charles "Sonny" McCoy, Dist. 3
Comm. George Neugent, Dist. 2
Comm. David P. Rice, Dist. 4
MEMORANDUM
To:
Board of County Commissioners
K. Marlene Conaway, Directori V
Department of Planning and Environmental Resources
From:
Date:
March 4, 2003
Subject:
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 property 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 IT.
The subject property is designated as Tier IT because of its distance from US 1; the subdivision is
across the road from an area of sensitive environmental habitat; and is very close to areas owned
by 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 IT on Big Pine Key. While Tier IT is considered a transition area for
development purposes, staff is concerned with setting the precedent of recommending granting a
permit for Tier IT administrative relief cases because of the secondary impacts of development of
these lots on the threatened and endangered species and their habitat.
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,
County of Monroe
development of Tier IT properties would result in the greater likelihood ofa species 'taking' due to
vehicular traffic. Additional residential units would increase the 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 IT properties were determined to be within proximity of endangered
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 be the administrative
relief.
2
RESOLUTION NO.
- 2003
A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVING THE RECOMMENDATION OF THE
PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT TO
OFFER TO PURCHASE IN RESPONSE TO THE REQUEST FOR
ADMINISTRATIVE RELIEF MADE BY LARRY AND IRENE MALANGA
ON THE LOT DESCRIBED AS LOT 10, EDEN PINES COLONY FIRST
ADDITION, BIG PINE KEY, REAL ESTATE NUMBER 00269840.000000.
WHEREAS, Larry and Irene Malanga have submitted an application for a building
permit allocation under the Residential Rate of Growth Ordinance (ROGO) in November of
1996; and
WHEREAS, the application has been m the ROGO system for at least four (4)
consecutive years; and
WHEREAS, Larry and Irene Malanga have applied for administrative relief under
Monroe County Code Section 9.5 122.2 (f); and
WHEREAS, the Board of County Commissioners (BOCC) has the authority to grant
administrative relief under Section 9.5 122.2. (f) in the form of granting the applicant a building
allocation, offer to buy the property at fair market value, or such other relief as may be necessary
and appropriate; and
WHEREAS, the application have received negative (-10) points because the subject
property is located on Big Pine Key which is considered a critical habitat area; and
WHEREAS, there has been a building moratorium since 1996 on Big Pine on all trip-
generating development because of an inadequate level of service (LOS) on the segment of US 1
which passes through Big Pine; and
WHEREAS, in order to increase the LOS on Big Pine an incidental take permit in the
form of a Habitat Conservation Plan (HCP) must be submitted the US Fish and Wildlife Service
(USFWS) to mitigate the impact of road improvements on the endangered species on Big Pine;
and
WHEREAS, the completed HCP IS awaiting BOCC approval for submittal to the
USFWS for their approval; and
WHEREAS, both the HCP and Goal 105 of the Year 2010 Comprehensive Plan
implement a system of designating lands into three Tier areas. Tier I lands are any defined
geographic areas where all or a significant portion of the land area is characterized as
environmentally sensitive. Tier II lands are any defined geographic area where scattered groups
and fragments of environmentally sensitive lands, may be found and where existing platted
subdivisions are not predominately developed, not served by complete infrastructure facilities, or
Page 1 of2
not withjn close proximity to established commercial areas. Tier ill lands are any defined
geographic area where a significant portion of land area is not cbanctcrized as environmentally
sensitive, where existing platted subdivisions are substantially developed, served by complete
infrastructure facilities, and within close prox.imity to established corrunercial areas; and
WHEREAS, the submined HCP allows for limited residential development on Big Pme
in specific areas designated as Tjer ill; and
WHEREAS, the HCP designates Eden Pjnes Colony First Addition as a Tier n area
where development may cause secondary impacts on the Key Deer and environmentally sensitive
lands are present; and
WHEREASJ the subject lot is located within a section of a subdivision which is less than
fifty percent built-out, contains environmentally sensitive habitat, and would result in secondary
impacts on endangered species due to increased vehicular traffic including a potential 'taking';
NOW THERE FORE J BE IT RESOL VED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the request filed by Larry and
Irene Malanga for administrative relief is APPROVED in the form of a offer to pUTchase the
property at fair market value.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the day of 2003.
Mayor Dixie Spehar
Mayor Pro Tern Murray Nelson
Commissioner Charles "Sonny" McCoy
Conunissioner George Neugent
Commissioner David P. Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
BY
Mayor Dixie Spehar
(SEAL)
ATTEST:D~L.KOLHAGE.CLERK
DEPUTY CLERK
Page 2 00
County of Monroe
Growth Manastement Division
2798 Overseas Highway
Suite 400
Marathon, norida 33050
Voice: (305) 289-2500
FAX: (305) 289-2536
Board of County Cornmiasioners
Mayor Dixie Spehar, Dist. I
Mayor Pro Tern Murray Nelson, Dist. 5
Comm. Charles "Sonny" McCoy, Dist. 3
Comm. George Neugent, Dist. Z
Comm. David P. Rice, Dist. 4
MEMORANDUM
To:
Board of County Commissioners
From:
K. Marlene Conaway, Director
Department of Planning and Environmental Resources
Date:
December 2, 2002
Subject:
Larry and Irene Malanga, Administrative Relief Request
Background on Subject Property
The subject property for which the applicant is seeking Administrative Relief is located at Eden
Pines Colony, First Addition, Lot 10, Big Pine Key RE# 00269840.000000. The property is in
the Improved Subdivision (IS) Land Use District. The applicants purchased the property in
October 1994 for $27,000.
The property is on Big Pine Key and is within the National Key Deer Refuge boundaries,
although outside the current acquisition area of the Refuge and the State CARL project.
However, the property is not listed on the US Fish and Wildlife Service (USFWS) threatened and
endangered species habitat list, therefore additional coordination with the USFWS is required.
Permitting History
A building permit and Rate of Growth Ordinance (ROGO) allocation were applied for on
November 21, 1996 (Year 5, Quarter 2) and remain pending. When the lot was first scored in
1996 they received a score of 17, re-scoring of the property after adoption of negative points for
being in Critical Habitat on Big Pine Key, as required in the 2010 Comprehensive Plan, resulted
in a reduction of ten points. The lot currently has a score of 13, which includes 6 perseverance
points. The applicant applied for administrative relief on February 26,2001 (Year 9, Quarter 3)
and is within the allowable time frame to be eligible for administrative relief.
Development Potential
Zoning - The Improved Subdivision lot is allowed one single family residential dwelling and
accessory uses. As an improved subdivision, it has no TDR value under the current code.
ROGO - The ROGO point system is designed to direct growth to protect natural resources and
encourage infill to improved subdivision lots. In response to Objectives 101.5 and 207.7 of the
Monroe County 2010 Comprehensive Plan, which directs the County to implement activities to
County of Monroe
prohibit the destruction of Key Deer and to protect it's habitat, and maintain the rural, suburban
and open space character of Big Pine Key. Land development regulations have been adopted that
scores minus ROGO points for any lot on Big Pine Key. The subject parcels is not competitive for
ROGO allocations.
Moratorium - Objective 301.2 of the Monroe County 2010 Comprehensive Plan directs the
County to: Ensure that all roads have sufficient capacity to serve development at the adopted LOS
standards concurrent with the impact of said development. Section 9.5-292 of the Land
Development Regulations establishes a minimum Level of Service (LOS) C for each road
segment of US #1 and requires that the capacity portions of US #1 be assessed annually. Big Pine
Key (segment #10) continues to be below the LOS C threshold, although, in 2000 the segment
improved from a LOS E to a LOS D. Therefore the segment is considered inadequate and as a
result the Development Moratorium for activities that could generate additional trips continues.
A Habitat Conservation Plan is being prepared for Big Pine Key, and No Name Key which will
include requests for permits from US Fish and Wildlife Service (USFWS) for road improvements
which should improve the LOS on US #1. Completion of the Plan and permitting approvals may
be several years in the future. Funding, design and construction will further increase the time
before improvements can be made to the road section.
Smart Growth Initiative - Monroe County has recently begun a land use program which will
further define areas for future development and areas in which no development may occur. Goal
105 of the Monroe County Comprehensive Plan, which has been approved by the Board of County
Commissioners and is awaiting DCA approval defines three 'tiers' that define where new
development may occur. The tiers are defined in Policy 105.2.1 as follows:
1. Natural Area (Tier I): Any defined geographic area where all or a significant portion of
the land area is characterized as environmentally sensitive by the policies of this Plan and
applicable habitat conservation plan, is to be designated as a Natural Area. New
development on vacant land is to be severely restricted and privately owned vacant lands are
to be acquired or development rights retired for resource conservation and passive recreation
purposes. Within the Natural Area designation are typically found lands within the
acquisition boundaries of federal and state resource conservation and park areas, including
isolated platted subdivisions; and privately-owned vacant lands with sensitive environmental
features outside these acquisition areas.
2. Transition and Sprawl Reduction Area (Tier II): Any defined geographic area, where
scattered groups and fragments of environmentally sensitive lands, as defined by this Plan,
may be found and where existing platted subdivisions are not predominately developed, not
served by complete infrastructure facilities, or not within close proximity to established
commercial areas, is to be designated as a Transition and Sprawl Reduction Area. New
development is to be discouraged and privately owned vacant lands acquired or development
rights retired to reduce sprawl, ensure that the Keys carrying capacity is not exceeded, and
prevent further encroachment on sensitive natural resources.
2
County of Monroe
3. Infill Area (Tier III): Any defined geographic area, where a significant portion ofland area
is not characterized as environmentally sensitive as defined by this Plan, where existing platted
subdivisions are substantially developed, served by complete infrastructure facilities, and
within close proximity to established commercial areas, or where a concentration of non-
residential uses exists, is to be designated as an Infill Area. New development and
redevelopment are to be highly encouraged.
The subject property, located in Eden Pines Colony subdivision, is considered a Transition (Tier
II) lot and would be designated as such as a part of Goal 105.
Land Acquisition - Policy 207.7.3 and Policy 207.7.4 directs the County to identify key deer
habitat areas as priority acquisition sites and to coordinate programs for acquisition with federal,
state and non-profit conservation organizations. Specific direction is given to identify areas
outside the current acquisition areas within Improved Subdivisions for acquisition. There are
currently several active acquisition programs ongoing on Big Pine Key and No Name Key which
are designed to protect key deer habitat and provide for freedom of movement and access to most
areas of Big Pine Key.
Eligibility for Administrative Relief
Section 9.5-122.2 (f) of the Monroe County Land Development Regulations and Policy 101.6.1
of the 2010 Comprehensive Plan provides a mechanism whereby an applicant who has not
received an allocation award in ROGO may apply to the Board of County Commissioners for
administrative relief. The applicant is eligible for Administrative Reliefhaving complied with all
requirements of the dwelling unit allocation system and been considered in at least 3 of the last
four consecutive annual allocation periods and having submitted their application for
administrative relief no earlier than the third annual allocation period and no later than 90
following the close of the fourth annual allocation period.
Relief under Administrative Relief
The remedies available to an applicant for Administrative Relief include issuance of a building
permit or just compensation by purchase of the property or such other relief as may be necessary
or appropriate.
Policy 207.7.3 and Policy 207.7.4 of the 2010 Comprehensive Plan directs the County to identify
Key deer habitat areas as priority acquisition sites and to coordinate programs for acquisition
with federal, state and non-profit conservation organizations. Policy 101.2.14 specifically states,
''for those ROGO applications and properties which have been denied a ROGO award for four
consecutive years and have applied for administrative relief, which are located in a CARL
project or the National Wildlife Refuge and have received negative habitat scores under ROGO,
the County or the state shall offer to purchase the property if funding for such is available.
Refusal of the purchase offer shall not be grounds for granting a ROGO award".
3
County of Monroe
While the subject property is located within the National Wildlife Refuge boundary area, it is not
within the current boundaries of the CARL Coupon Bight project area nor is it being considered
for acquisition by the USFWS. The applicants have received negative points for being located on
Big Pine Key, but have not received negative points under the 'Habitat' criteria. However, the
property is not listed on the USFWS threatened and endangered species habitat list, therefore
additional coordination with the USFWS is required.
The subject property is located within Tier IT on Big Pine Key, an area that has been determined
to have secondary impacts on the Key Deer due to the distance from US # 1 and the potential for a
'take' of the species. Because Tier IT is a transition area where only limited new development
will be allowed, environmentally sensitive lands are present, and there is a potential for
secondary impacts on the Key Deer, it is appropriate to continue to restrict the number of
residential permits issued in these areas.
Therefore, the Administrative Relief appropriate for the subject property is an offer to purchase
the lot, it is located within a conservation area or areas proposed for acquisition by governmental
agencies for the purpose of conservation and resource protection.
Recommendation
It is recommended that the Board of County Commissioners find that the applicant has met the
criteria and qualifies for Administrative Relief and approve the attached resolution offering to
purchase the lot at fair market value.
cc. Timothy McGarry, Director of Growth Management
Mark Rosch, Monroe County Land Authority
Karen Cabanas, Esq.
4