Item U3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 19,2003
Bulk Item: Yes_ No X
Division: Growth Management
Department Planning
AGENDA ITEM WORDING:
Public hearing to consider Administrative Relief application filed by Mr. Gary Cherubini
for Lots 4 and 5, Block 10, of Angler's Park, Key Largo. (One public hearing required)
ITEM BACKGROUND:
This application for relief under the Rate of Growth Ordinance (ROGO) has been filed
under provisions of Section 9.5-122.2(t) of the Monroe County Code that allows any
applicant, who has been considered and denied a ROGO allocation for three (3) of four
(4) consecutive years, to file for relief with the Board of County Commissioners (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 relief as may be deemed appropriate by the
BOCC. The applicant applied for their ROGO allocation on June 7, 1999 and applied
for administrative relief on June 16, 2003.
PREVIOUS RELEVANT BOARD ACTION: N/A
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION: Approval to issue an allocation award
TOTAL COST: NA
BUDGETED: Yes
No
COST TO COUNTY: NA
SOURCE OF FUNDS: NA
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH
YEAR
DIVISION DIRECTOR APPROVAL:
g _ Risk Management _
APPROVED BY: County Attorney ~
,AICP
DOCUMENTATION: Included X
To follow
t required
AGENDA ITEM # 0
DISPOSITION:
RESOLUTION NO.
- 2003
A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVING WITH CONDITIONS THE REQUEST FOR
ADMINISTRATIVE RELIEF IN THE FORM OF A ROGO ALLOCATION MADE
BY GARY CHERUBINI ON THE LOT DESCRIBED AS BLOCK 10, LOTS 4 AND
5, ANGLER'S PARK, KEY LARGO, REAL ESTATE NUMBERS 00552650.000000
AND 00552640.000000
WHEREAS, Gary Cherubini has submitted an application for a building permit allocation
under the Residential Rate of Growth Ordinance (ROGO) on June 7, 1999; and
WHEREAS, the application has been in the ROGO system for at least four (4) consecutive
years; and
WHEREAS, Gary Cherubini has 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 subject property is located in a platted subdivision serviced by infrastructure;
and
WHEREAS, the subject property does not contain any- significant native habitat or
environmental features; and
WHEREAS, the applicant has informed the Growth Management Division staff that the
applicant does not wish to sell the property to the County as provided for under Policy 101.6.1 of the
Year 2010 Comprehensive Plan; and
WHEREAS, Section 9.5-122.2(f), Monroe County Code, offers the following 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 guidelines established under Policy 101.6.6 of
the Year 2010 Comprehensive Plan for the purchase of property under Administrative Relief as it does
not contain any sensitive environmental features; and
WHEREAS, the subject property does not meet guidelines established under Policy 102.4.2 of
the Year 2010 Comprehensive Plan for purchase of property under Administrative Relief as it does not
contain habitat critical to, or providing significant protection for, species designated as threatened or
endangered by the U.S. Fish and Wildlife Service and/or the State of Florida; and
WHEREAS, other types of relief are not necessary or appropriate for this property; and
WHEREAS, the subject property is located within an area that has been issued nineteen (19)
ROGO allocation awards since 1999; 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 Gary Cherubini for administrative
relief in the form of a ROGO allocation award is APPROVED subject to the following conditions:
1. The ROGO allocation award is contingent upon the application purchasing or receiving a
nutrient reduction credit;
2. The allocation shall be taken out of the next quarterly allocation (Quarter 2, Year 12) which
closes January 13, 2004; and
3. A permit from the Department of Health for an on-site wastewater treatment system is required
prior to the issuance of a building permit.
PASSED AND ADOPTED b~ the Board of County Commissioners of Momoe County, Florida at a
regular meeting held on the 12- day of November 2003.
Mayor Dixie Spehar
Mayor Pro Tem Murray Nelson
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner David P. Rice
BOARD OF COUNTY COMMISSIONER
OF MONROE COUNTY, FLORIDA
BY
Mayor Dixie Spehar
(SEAL)
ATTESTED: DANNY L. KOHLAGE, CLERK
DEPUTY CLERK
Growth MBDll2cmcnt 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
Comrn. Charles "Sonny" McCoy, Dist 3
Comrn. George Neugent, Dist. 2
Comrn. David P. Rice, Dist. 4
To:
Board of County Commissioners
From:
K. Marlene Conaway, Director
Department of Planning and Environmental Resources
Date:
November 19,2003
Subject:
Gary Cherubini, Administrative Relief Request
Background on Subject Property:
The subject property for which the applicant is seeking Administrative Relief is located at Angler's
Park, Block 10, Lots 4 & 5, Key Largo, Real Estate Numbers 00552650.000000 and
00552640.000000. The property is in the Improved Subdivision (IS) Land Use (zoning) District.
The applicant entered the Residential Rate of Growth Ordinance (ROGO) system on June 7, 1999.
.
Permitting History
A building permit and ROGO allocation were applied for on June 7, 1999. The application scored
12 points. Currently, with the addition of four perseverance points, the property scores 16 points.
Development Potential
Zoning - The property is zoned Improved Subdivision (IS) and allows one single-family residence
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.
The development potential for platted lots zoned Improved Subdivision with a FLUM designation
of RM is limited to single-family residences and associated accessory structures including, but not
limited to, garages, decks, docks, etc. Historically, the Improved Subdivision zoning and its
corresponding pre-1986 zoning, RU-l, were specifically zoned to accommodate single-family
residential neighborhoods.
Since 1999, nineteen (19) ROGO allocation awards have been issued to lots in the Angler's Park
subdivision. These include Permit Numbers: 99-3-1162, 99-3-1161, 00-3-3484, 00-3-2090, 00-3-
0946, 01-3-0516, 01-3-1939, 01-3-3511, 01-3-3512, 0.1-3-2899, 01-3-2442, 01-3-4134, 00-3-4133,
01-3-4131,02-3-1021,02-3-0309,02-3-3899,02-3-2622, and 02-3-2617.
The subject property was determined to be scarified with exotics by the Upper Keys Biologist when
the property was originally scored. The property was given a plus one (+ 1) for being in Habitat
Group 1 which is defined in Section 9.5-122.3(7) as scarified/scarified or scarified/with exotics.
This is the least environmentally sensitive category of the four described in Section 9.5-122.3(7).
The properties adjacent to the subject property are developed with single-family residences.
Eligibility for Administrative Relief Options
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 having been considered in at least three (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 ninety (90) days following
the close of the fourth annual allocation period.
Relief Options under Administrative Relief
The remedies available to an applicant for Administrative relief pursuant to Section 9.5-122.2(f)
include issuance of an allocation award 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 101.6.6 and Policy
102.4.2 of the 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 applicant has informed the Growth Management Division staff that the applicant does not wish
to sell the property to the County as provided for under Policy 101.6.1 of the Year 2010
Comprehensive Plan.
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 not located in an
acquisition area, is not environmentally sensitive, and does not provide habitat for any threatened or
endangered species.
Therefore, the granting of an allocation award is the preferred relief option and is consistent with
the policies for administrative relief under the Year 20 I 0 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 following condition: obtain a
nutrient reduction credit. If approved, the allocation award shall be taken out of the next quarterly
allocations which closes January 13,2004 (Quarter 2, Year 12).
Cc: Timothy J. McGarry, AICP, Director of Growth Management
Mark Rosch, Monroe County Land Authority
Karen Cabanas, Esq.
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