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Item P3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: August 18, 2004 Division: Growth Management Bulk Item: Yes No X Department: Planning and Environmental Res. AGENDA ITEM WORDING: ' A public hearing to consider a request for Administrative Relief from I Thomas Nolt for Block 4, Lot 9 of Pamela Villa, RE# 00464340.000000. ITEM BACKGROUND: A building permit and ROGO allocation were applied for on APril1~ 2001. The applicant applied for administrative relief on June 15, 2004 and is within the allowab e time frame to be eligible for administrative relief under Section 9.5-122.2(t) ofthe Monroe Coun Land Development Regulations. The staff is recommending that the administrative relief being granted be in the form of an offer to purchase the property by the County. PREVIOUS RELEVANT BOARD ACTION: N/A CONTRACT/AGREEMENTCHANGES: N/A ST AFF RECOMMENDATIONS: Approval. TOTAL COST: N/A BUDGETED: :Yes N/A No N/j\ COST TO COUNTY: N/A SOURCE OF FIuNDS: N/A REVENUE PRODUCING: N/ A AMOUNT PER MONTH Year DIVISION DIRECTOR APPROVAL: N/A APPROVED BY: County Atty ~ DOCUMENTATION: Included X To Follow Not Required AGENDA ITEM #_P3 DISPOSITION: RESOLUTION NO. - 2004 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE ADMINISTRATIVE RELIEF FOR THOMAS NOL T ON THE LOT DESCRIBED AS BLOCK 4, LOT 9, PAMELA VILLA, KEY LARGO, REAL ESTATE NUMBER 00464340.000000. THE RELIEF IS IN THE FORM OF AN OFFER TO PURCHASE THE LOT FOR FAIR MARKET VALUE. WHEREAS, Thomas Nolt has submitted an application for a building permit allocation under the Residential Rate of Growth Ordinance (ROGO) in April of 200 1; and WHEREAS, the application has been in the ROGO system for at leas-t three of the last four consecutive annual allocation periods; and WHEREAS, Thomas Nolt 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) (6) and may grant the applicant a building allocation, offer to buy the property at fair market value, or provide such other relief as may be necessary and appropriate; and WHEREAS, the lot contains hammock and the applicant received negative two environmental points in ROGO; and WHEREAS, Board of County Commissioners Resolution 223-2004 directs staff to identify small parcels with indigenous hammock and pinelands for recommended purchase; and WHEREAS, Policy 101.6.5 of the 2010 Comprehensive Plan provides criteria to be used for determining lands that are appropriate for acquisition and the criteria includes the environmental sensitivity of the vegetative habitat on the lot; and WHEREAS, the subject property, located in Pamela Villa is environmentally sensitive; WHEREAS, the Monroe County Board of County Commissioners makes the following findings of facts and conclusions of law: 1) The Nolt property, Lot 9 RE# 00464340.000000, application for ROGO scored two negative points because the lot is determined to contain low quality hammock according to the Habitat Evaluation Index (HEI); and Page 1 of3 2) Policy 101.6:1 of the 2010 Comprehensive Plan and Section 9.5-l22.2(t) of the Land Development Regulations 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; and 3) The applicant has been in the ROGO system for three of the last four annual allocation periods and therefore qualifies for administrative relief; and 4) Resolution 223-2004 directs staff to recommend purchase to the Monroe County Land Authority of small parcels with indigenous hammock and pinelands; and 5) Objective 101.6 directs the County to expand the Monroe County Land Authority acquisition program to provide for the purchase of land from property owners that have not been awarded an allocation; and 6) Policy 101.6.5 and Policy 101.6.6 directs the County to prioritize acquisition based on the environmental sensitivity of the land. (The remainder of this page intentionally left blank) Page 2 of3 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: 1) Administrative Relief is granted to Mr. Nolt for Lot 9, RE # 00464340.000000, in the form of an offer to purchase the property for just compensation. 2) The Land Authority is requested to contact the property owner to begin negotiations for purchase of the property. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of 2004. -<.....~ i ~_.. tl'r" .......' ,,~,,~: -_ Mayor Murray Nelson Mayor Pro Tern David P. Rice Commissioner Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Murray Nelson (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK Page 3 of3 , County of Monroe Growth Management Division 2798 Overseas Highway Suite 410 Marathon, Florida 33050 Phone: (305) 289-2500 FAX: (305) 289-2536 Board of County Commissioners Mayor Murray Nelson, District 5 Mayor Pro Tern David Rice, District 4 Dixie M. Spehar, District 1 George Neugent, District 2 Charles "Sonny" McCoy, District 3 To: Board of County Commissioners K. Marlene Conaway, Director r ~ / Department of Planning and ~tal Resources From: Date: July 20, 2004 Subject: Thomas Nolt, Administrative Relief Request Background on Subject Property: The subject property is zoned Improved Subdivision (IS) Land Use District and is located at the subdivision of Pamela Villa, Block 4, Lot 9, Real Estate Number 00464340.000000. The ~pplicant entered the Residential Rate of Growth Ordinance system on April 10, 2001, after purchasing the property in February 2001 with an appraised value of$10,000. Permitting History: A building permit and ROGO allocation were applied for on April 10, 2001. The application scored fourteen (14 points): ten (10) points from Planning; six (6) points from building; and negative two (-2) for biology because the subject property was determined to be low quality hammock by the Upper Keys Biologist. Currently, with the addition of three (3) Perseverance Points the property scores seventeen (17) points (as of Tuesday, July 13th, 2004). Since 2000 (Year 8, 4th Quarter of ROGO), two (2) ROGO allocation awards have been issued to lots in the Pamela Villa subdivision. These include Permit Numbers: 01-3-1514 and 02-3-4126. The applicant applied for administrative relief on June 15, 2004 and is within the allowable time frame to be eligible for administrative relief under Section 9.5-122.2(f) of the Monroe County Land Development Regulations. , County of Monroe Development Potential: Zoning - The property is zoned Improved Subdivision (IS) which allows 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. Land Type - The subject property was determined to be low quality hammock in the Habitat Evaluation Index (HEI), as reviewed by the Upper Keys Biologist. The property was given a point assignment of negative two (-2) for being in Habitat Group 2 which is defined in Section 9.5- 122.3(7) and includes the following: High hammock (low quality); Low hammock (low quality); Scarified land with saltmarsh and buttonwood; and scarified land with beachlberm (design/standards). This is the second least environmentally sensitive category of the four described in Section 9.5-122.3(7). Neighboring Properties - The Nolt Property (RE 00464340.000000) is adjacent to two lots with single-family residences, located to the east and south (side and rear of the Nolt Property) and two lots which are forested and without residences, located to the west and south (side and rear of the Nolt Property). 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 of the Monroe County 2010 Comprehensive Plan, which directs the County to protect natural resources, Land Development Regulations (LDRs) have been adopted that score minus ROGO points for any lots in environmentally sensitive lands. The lot was given a negative two (-2) for being in Habitat Group 2 which is defined in Section 9.5-122.3(7) of the Land Development Regulations. The applicant has not taken advantage of options available to him under the ROGO scoring system to increase his competitiveness in the ROGO system as most other applicants, who have received allocations have. Smart Growth Initiative -Monroe County is in the process of adopting LDRs and a zoning overlay which will identify appropriate areas for future infill development and areas for acquisition. Goal 105 of the 2010 Comprehensive Plan directs the County to designate all lands into one of three Tiers for purposes of the land acquisition program and smart growth initiative. The tiers are defined in Policy 105.2.1. It is important to note that the subject property, located in Pamela Villa subdivision, meets the criteria for a Transition and Sprawl Reduction Area (Tier II) as defined in Goal 105. Although a single- family residential dwelling and accessory uses are allowable, 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. Policy 105.2.12 directs that the preferred form of administrative relief for any land within Tier I or Tier II is a purchase offer. 2 County of Monroe BOCC Resolution No. 223-2004, is a resolution of the BOCC that is directed towards preserving as much of the indigenous hammocks and pinelands as possible. It further directs staff to ide~tify and recommend for purchase by the Land Authority, small parcels containing indigenous hammocks and pinelands throughout Monroe county that are not covered by "Florida Forever" funds. The resolution states: Monroe County's Growth Management Division is hereby directed to: 1. Closely monitor those small parcels in the CNA areas to prevent un-permitted clearing. 2. Limit the issuance of permits for land clearing so that the best interests of the public good, including the encouragement of building affordable housing, are protected. 3. Identify these small parcels, not covered by the "Florida Forever Funds" to the Land Authority for recommended purchase. Eligibility for Administrative Relief Options: Section 9.S-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 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.~-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. Although the subject property does not contain any significant habitat for endangered or threatened animal species, it does contain sensitive environmental features. The subdivision has also been designated Tier II for sprawl reduction. Therefore the subject property does 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. Staff Analysis: The Growth Management Division has reviewed the application and determined it is not appropriate to offer an allocation award to this applicant. The property contains fragments of environmentally sensitive lands, received two negative points (-2) in RaGa and is located within a subdivision with other lots containing fragmented hammock. The appropriate County action for this property is to offer to purchase the property from the lot owner.(Resolution 223-2004) If the owner chooses not to sell to the County, the application may remain in the RaGa system and accrue two points (+2) for eath year over four years that he continues in RaGa. The granting of an allocation award is not the preferred relief option and is not consistent with the policies for administrative relief under the Year 2010 Comprehensive Plan. 3 County of Monroe 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 an order be prepared that establishes this relief as an offer to purchase the lot for fair market value by Monroe County. Cc: Timothy J. McGarry, AICP, Director of Growth Management Mark Rosch, Monroe County Land Authority Jason King, Planner Richard Collins, Esq. 4 .--.... o o o o o o . ,0 ~ M ~ ~ o '0 w I:t: "'-" s c::l g 8 ~ d U .... ~ ~ Ifl (T') ~ II II ~ > a::l 8 w !;;. >> - - - ... ... ... Ql Ql C. i= Ql 0 i= ... II 0- Il %:: D 0 z ~ ... CIJ Q. ~ D..