HomeMy WebLinkAboutResolution 118-2003
County Attorney
RESOLUTION NO. 118 -2003
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY APPROVING WITH CONDITIONS THE REQUEST FOR
ADMINISTRATIVE RELIEF IN THE FORM OF A RESIDENTIAL BUILDING
PERMIT MADE BY LARRY AND IRENE MALANGA ON LOT 10, EDEN PINES
COLONY FIRST ADDITION, BIG PINE KEY, REAL ESTATE NUMBER
00269840.000000
WHEREAS, Larry and Irene Malanga submitted an application for a building permit
allocation under the Residential Rate of Growth Ordinance (RaGa) in November of 1996; and
WHEREAS, the application has been in the RaGa system for at least four consecutive
years; and
WHEREAS, Larry and Irene Malanga have applied for administrative relief under Monroe
County Code Sec. 9.5 122.2(f); and
WHEREAS, the Board of County Commissioners (BOCC) has the authority to grant
administrative relief under Sec. 9.5 122.2(f) in the form of granting the applicant a building
allocation, offer to buy the property at fair market value, or such other relief as may be necessary
and appropriate; and
WHEREAS, the application has received negative (-10) points because the subject property
is located on Big Pine Key which is considered a critical habitat area; and
WHEREAS, there has been a building moratorium since 1996 on Big Pine on all trip-
generating development because of an inadequate level of service (LOS) on the segment of US 1
which passes through Big Pine; and
WHEREAS, in order to increase the LOS on Big Pine an incidental take permit in the form
of a Habitat Conservation Plan (HCP) must be submitted to 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 was approved by the BOCC, with the amendment that a
maximum of 200 dwelling units may be built on Big Pine Key and No Name Key over a 20-year
period, for submittal to the USFWS for their approvel; 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 exist platted subdivisions are not
predominately developed, not served by complete infrastructure facilities, or not within close
proximity to established commercial areas. Tier III lands are any defined geographic area where
a significant portion of land area is not characterized as environmentally sensitive, where existing
platted subdivisions are substantially developed, served by complete infrastructure facilities, and
within close proximity to established commercial areas; and
WHEREAS, the submitted HCP allows for limited residential development on Big Pine in
specific areas designated as Tier II and Tier III with appropriate mitigation as necessary; and
WHEREAS, the HCP designates Pine Channel Estates is a Tier III area where additional
infill development will be permitted; and
WHEREAS, the subject lot is not environmentally sensitive land, but rather a disturbed,
scarified lot within an existing subdivision which is more than fifty-percent built and served by
infrastructure; and
WHEREAS, the subject lot is not listed on the USFWS endangered and threatened species
habitat list and therefore additional coordination with USFWS is required; now therefore:
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, that the request filed by Larry and Irene Malanga for administrative relief in the form of
a residential building permit is APPROVED subject to the following conditions:
1. The permit shall be ranked as 30th on the Big Pine Allocation list.
2. The timing of the issuance of the permit shall be in accordance with the annual
number of residential allocations defined by Policy 103.1.1, as amended, of the Year 2010
Comprehensive Plan and subject to concurrency as required by Sec. 9.5-292 Monroe County
Code.
3. Technical review coordination with US Fish and Wildlife Service and the assignment
of a nutrient reduction credit shall be required prior to the issuance of a permit.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of the Board held on the 19th day of March, 2003.
Mayor Spehar
Mayor Pro Tem Nelson
Commissioner McCoy
Commissioner Neugent
Commissioner Rice
yes
yes
yes
yes
no
--... "
. j -.
(S~At)t .. \
Attr~~{ DANNY L.KOLHAGE, Clerk
B~~C. Lfl,y~
:c':Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By L~J~ >n ~
, Mayor/Chairperson
jbumalanga
APPROVED AS TO FORM
~ . ANI\LEE(+ SUffICIENCY
BY o~~
\ A.TTORNEY'S OffiCE
DATE 0"\ b \ \ o~
3:
Cl t:J
53 ~
0('")::;:
f"T1r-~
;;>::
O' .-.
,'2(~j .
:i: ;;0 ~....
-I' C.
or-'
:<,...,.:r:
..,,' .l>
r- c;)
)> rl,
~
,=
=
"-'->
:to.
\)
:::0
"
r-
,.."
o
"
a
;:;0
\)
::r
N
w
m
:.,:J
nl
('")
o
::::0
o