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Item S4 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 18. 2002 Division: Growth Management Bulk Item: Yes No -1L- Department: Planning AGENDA ITEM WORDING: Public hearing to consider Administrative Relief application filed by Larry and Irene Malanga for lot 10 in 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, 199,? (Y5 Q2) and applied for administrative relief on February 26, 2001 in Year 9 Quarter 3. PREVIOUS RELEVANT BOCC ACTION: None. 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 REVENUE PRODUCING: Yes No -1L- AMOUNT PER MONTH Year DIVISION DIRECTOR APPROVAL: Risk Management N/ A APPROVED BY: County Atty NI A DOCUMENTATION: Included X To Follow Not Required_ DISPOSITION: AGENDAITEM#~ Revised 2/27/01-1\t County of Monroe Growth Ma.na2ement Division 2798 Overseas Hi$hway Suite 400 Marathon, Florida 33050 Voice: (305) 289-2500 FAX: (305) 289-2536 Board of County Commissioners Mayor Dixie Spehar, Dist. I 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, Director't ~ Department of Planning and EnVIronmental Resources From: 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 (RaGa) 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. RaGa - The RaGa 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 parcels 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 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 fmther 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 llI): 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 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 ROGa, 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 RESOLUTION NO. - 2002 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 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 In 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 within close proximity to established commercial areas. Tier ill 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 RCP allows for limited residential development on Big Pine in specific areas designated as Tier ill; and WHEREAS, the RCP designates Eden Pines Colony First Addition as a Tier IT area where development may cause secondary impacts on the Key Deer and environmentally sensitive lands are present; and WHEREAS, the subject lot is located within a section of a subdivision which is less than fifty percent built-out and contains environmentally sensitive habitat; 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 is APPROVED in the form of a offer to purchase 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 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 (SEAL) Mayor Dixie Spehar ATTEST: DANNY L. KOLRAGE, CLERK DEPUTY CLERK APPROVED AS TO FORM /1 ^1 LEGAL ~UF~irtNCY> BY~~'~~ Attorney's Oftlce Page 2 of2