Item S3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 18. 2002
Division:
Growth Mana~ement
Bulk Item: Yes
No --X...-
Department: Planning
AGENDA ITEM WORDING:
Public hearing to consider Administrative Relief application filed by Jack and Susan Maitner for
lot 3, block 8 in Cahill Pines and Palms 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 11, 1997 (Y6, Q2) and applied for
administrative relief on April 13, 2001, the closing day of Year 9, Quarter 3.
PREVIOUS RELEVANT BOCC ACTION:
None.
CONTRACT/AGREEMENT CHANGES:
Not Applicable.
STAFF RECOMMENDATIONS:
Approval of the issuance of a building permit with conditions.
TOTAL COST:
None
BUDGETED: Yes
No
COST TO COUNTY: None
REVENUE PRODUCING: Yes
No --X...- AMOUNT PER MONTH
Year
DIVISION DIRECTOR APPROVAL:
isk Management N/ A
APPROVED BY: County Atty N/A
DOCUMENTATION:
Included X
To Follow
Not Required _
DISPOSITION:
AGENDA ITEM #C:::rt.?
Revised 2/27/01
p;~
. '1\,.)1
County of Monroe
Growth Manuement Division
2798 Overseas Highway
Suite 400
Marathon, florida 33050
Voice: (305) 289-2500
FAX: (305) 289-2536
Board of County Commissioners
Mayor Dixie Spehar, Dist. 1
Mayor Pro Tern Murray Nelson, Dist. 5
Corom. Charles "Sonny" McCoy, Dist. 3
Corom. George Neugent, Dist. 2
Corom. David P. Rice, Dist. 4
MEMORANDUM
To:
Board of County Commissioners
K. Marlene Conaway, Directo~ ~
Department of Planning and En.Ji~onmental Resources
From:
Date:
December 2, 2002
Subject:
Jack & Susan Maitner, Administrative Relief Request
Background on Subject Property Background on Subject Property
The subject property for which the applicant is seeking Administrative Relief is located at Cahill
Pines and Palms, Block 8, Lot 3, Big Pine Key RE#00245450.000000. The property is in the
Improved Subdivision (IS) Land Use District. The applicants purchased the property in
November 1992 for $12,000.
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 11, 1997 (Year 6, Quarter 2) and remain pending. When the lot was first scored in
1997 they received a score of 18, 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 12, which includes 4 perseverance
points. The applicant applied for administrative relief on April 13, 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 RaGa points for any lot on Big Pine Key. The subject parcel is not competitive for
RaGa 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 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 Ill): Any defined geographic area, where a significant portion of land
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 Cahill Pines and Palms subdivision, is considered an Infill (Tier
III) 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 Relief having 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 days
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 before a building permit may be issued.
The Administrative Relief appropriate for the subject property is to grant a residential building
permit, however as has been outlined in this report, because the subject property is located on Big
Pine a number of conditions must be met before a building permit may be issued. The conditions
include, but are not limited too: proof of coordination with the USFWS based on the
development of the subject lot, obtaining a nutrient reduction credit, and meeting concurrency as
defined by the Monroe County Code.
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 a resolution that grants the applicants
a residential building permit subject to the following conditions: proof of coordination with the
USFWS, obtaining a nutrient reduction credit, and meeting concurrency as defined by the
Monroe County Code. The applicant shall be ranked as number 2ih on the Big Pine allocation
list. The actual issue date of the permit will be controlled by the annual rate of growth permitted
on Big Pine Key as defined by Policy 103.1.1 of the Year 2010 Comprehensive Plan, as
amended.
cc. Timothy McGarry, Director of Growth Management
Mark Rosch, Monroe County Land Authority
Karen Cabanas, Esq.
4
RESOLUTION NO.
- 2002
A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVING WITH CONDITIONS THE REQUEST FOR
ADMINISTRATIVE RELIEF IN THE FORM OF A RESIDENTIAL BUILDING
PERMITS MADE BY JOHN AND SUSAN MAITNER ON THE LOT
DESCRIBED AS BLOCK 8, LOT 3, CAHILL PINES AND PALMS, BIG PINE
KEY, REAL ESTATE NUMBER 00245450.000000.
WHEREAS, John and Susan Maitner have submitted an application for a building
permit allocation under the Residential Rate of Growth Ordinance (ROGO) in November of
1997; and
WHEREAS, the application has been In the ROGO system for at least four (4)
consecutive years; and
WHEREAS, John and Susan Maitner 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 I
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
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
Page 10f2
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 IT and Tier ill with appropriate mitigation as necessary; and
WHEREAS, the RCP designates Cahill Pines and Palms is a Tier ill 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 RESOL YED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the request filed by John and
Susan Maitner for administrative relief in the form of a residential building permit is
APPROVED subject to the following conditions:
1. The permit shall be ranked 27th on the Big Pine Allocation list; and
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 Section 9.5-292 of the
Monroe County Code; and
3. Technical review coordination with US Fish and Wildlife Service and the assignment of a
nutrient reduction credit shall be required prior to issuance of the permit.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the day of 2002.
Mayor Dixie Spehar
Mayor Pro Tern Murray Nelson
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner David P. Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Dixie Spehar
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
APP""o'r'-'~ . ~ TO FOR'-f
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DEPUTY CLERK
Page 2 0[2