Item W1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 17. 2003
Division:
Growth Management
Bulk Item: Yes
Nol
Department: Planning
AGENDA ITEM WORDING:
A public hearing to consider Administrative Relief application filed by Judy A. Martinez for lots 4 & 5,
block 6 in Key Haven on Raccoon Key. (One hearing required.)
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 July 10, 1998 and applied for administrative relief on March 1, 2002.
PREVIOUS REVELANT BOCC ACTION:
None.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval of the issuance of a building permit with conditions.
TOTAL COST:
N/A
BUDGETED: Yes
No
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
N/A
REVENUE PRODUCING: Yes
No X AMOUNT PER MONTH
Year
DIVISION DIRECTOR APPROVAL:
Risk Management N/ A
APPROVED BY: County AUy --X-
DOCUMENTATION:
Included -X-
To Follow_Not Required
AGENDA ITEM # ~ /
DISPOSITION:
Revised 1/03
County of Monroe
Growth Manasernent 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
Comm. Charles "Sonny" McCoy, Dist. 3
Comm. George Neugent, Dist. 2
Comm. David P. Rice, Dist. 4
MEMORANDUM
From:
Board of County Commissioners
K. Marlene Conaway, Director~~
Department of Planning and Environmental Resources
To:
Date:
August 13, 2003
Subject:
Judy A. Martinez, Administrative Relief Request
Background on Subject Property
The subject property for which the applicant is seeking Administrative Relief is located at Key
Haven 10th Addition, Raccoon Key Lot 4 & S Vz Lot 5 BK 6 & Pt of adj Driftwood Rd. RE#
00141090.000000. The property is in the Improved Subdivision (IS) Land Use District. The
applicant entered the Residential Rate of Growth Ordinance (ROGO) system in July of 1998.
Permitting History
A building permit and ROGO allocation was applied for on June to, 1998. The application
received 12 points. Currently, with the addition of four perseverance points, the property scores
16 points.
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.
Future Land Use Map (FLUM) - The FLUM indicates the property to be Residential Medium
(RM), which is intended for single family residential use.
Key Haven is nearing build out with scattered vacant lots throughout the subdivision. Key
Haven is projected to be a Tier ill area pursuant to Goal 105 of the Monroe County Year 2010
Comprehensive Plan. Tier ill is defined in Policy 105.2.1 as follows:
Infill Area (Tier III): 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 Key Haven subdivision, is considered an InfIll (Tier Ill) lot.
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 RaGa 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 three (3) of
the last four (4) 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.
The subject property does not meet the guidelines established under Policy 105.2.12 and Policy
106.6.6 of the Monroe County Year 2010 Comprehensive Plan for the purchase of property under
Administrative Relief as it does not contain any sensitive environmental features nor is it
considered habitat for endangered or threatened species.
The Growth Management Division has determined that other types of relief are not necessary or
appropriate for this property. Furthermore, as noted above, the subject property is located in an
area that meets County standards for "infill" development as provided for under Goal 105 of the
Year 2010 Comprehensive Plan.
Therefore, granting an allocation award is the preferred relief option and is consistent with the
policies for administrative relief under the Year 2010 Comprehensive Plan.
Recommendation
It is recommended that the Board of County Commissioners find that the applicant has met the
criteria and qualifies for Administrative Relief. It is further recommended that a resolution that
grants the applicant an allocation award be approved subject to the applicant obtaining a nutrient
reduction credit. If approved, the award shall be taken out of the next quarterly allocation, which
closes October 13, 2003 (Year 12, Quarter 1)
Cc: Timothy McGarry, AICP, Director of Growth Management
Mark Rosch, Monroe County Land Authority
Karen Cabanas, Esq.
2
,...,,'o.,6_.:......J....... ........OJ .......~.. ....~...."'....- .....-........... ....... -........--
RESOLUTION NO.
- 2003
A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVING WITH CONDITIONS THE
REQUEST FOR ADMINlSTRA TIVE RELIEF IN THE FORM OF A
RooO ALLOCATION MADE BY JUDY MARTINEZ ON THE LOT
DESCRIBED AS BLOCK 6, LOTS 4 &; 5. KEY HAVEN. RACCOON
KEY. REAL ESTATE NUMBER 00141090.00000o
WHEREAS, Judy Martinez has submitted an application for a building permit
allocation under the Residential Rate of Growth Ordinance (ROGO) on July 10, 1998;
and
WHEREAS, the application has been in the ROOD system for at least four (4)
consecutive years; and
WHEREAS, Judy Martine2 has applied for administrative relief under Monroe
County Code Section 9.5-122.2 (t); and
WHEREAS, the Board of County Commissioners (BOCC) has the authority to
grant administrative relief under Section 9.5-122.2(t) in the form of granting the applicant
a building allocation, offcr to buy thc property at fair markct valuc, or such other relief as
may be necessary and appropriate; and
WHEREAS, the subject property is a located in a platted subdivision serviced by
infrastructure; and
WHEREAS. the subject property is located within an area characterized for
"infiU" development under Goal 1 OS of the Year 20 I 0 Comprehcnsive Plan; and,
WHEREAS, the subject property does not contain any significant native habitat
or enviroMlental features; and,
WHEREAS, Section 9.5-122.2(0, Monroe County Code, offers the followina
options for relief: granting of an allocation award; offer to purchase the property at fair
market value; and other suggested relief as may be necessary and appropriate; and.
WHEREAS, the subject property does not meet the guidelines established under
Policy 101.6.6 and Policy 105.2.12 of the Year 2010 Comprehensive Plan for the
purchase of property under Administrative Relief as it does not contain any sensitive
enviroMlental features; and,
WHEREAS, other types of relief are not necessary or appropriate for this
property; and,
AUG-29-03 11:15 F~UM;MUNKU~ ~UUN~. M~~& uCl ~~~ 4~'~~~~--~~.-
WHEREAS, the subject property is located within an area that meets County
standards for "infill" development as provided for WIder Goal 105 of the Year 2010
Comprehensive Plan; and,
WHEREAS, the granting of an allocation award is the preferred relief option and
is consistent with the policies for administrative relief under the Year 2010
Comprehensive Plan;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the application filed
by Judy Martinez for administrative relief in the form of a ROGO allocation award is
APPROVED subject to the following conditions:
1.
The ROGO allocation award is contingeqt upon the applicant purchasing or
receiving a nutrient reduction credit; a..... n cl }
The allocation shall be taken out of the next quarterly allocation (Quarter 4, Year
12) which closes October 13, 2003...artd;
A permit from the Department of Health for an on-site wastewater treattnent
system is required prior to the issuance of the building permit.
2.
.'"
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
Commissioner George Neugent
Commissioner David P. Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Dixie Spehar
(SEAL)
A TIEST: DANNY L. KOHLAGE, CLERK
DEPUTY CLERK
MONROE COUNTY ATTORNEY
~FORM:
RO N. WOLFE
O;:If.F'!I'PJf ~~ ATTORNEY