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Item P4 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: August 18, 2004 Division: Growth Management Bulk Item: Yes No X Department: Planning and Environmental Resources ' AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief from Valerio Eguizabal for Block 4, Lot 7 of Tavernier Ocean Shores, RE# 00483140.000000 ITEM BACKGROUND: A building permit and ROGO allocation were applied for on October 5, 2000 (Year 9, Quarter 1). The applicant applied for administrative relief on July 9, 2004 (Year 12, Quarter 4) and is within the allowable time frame to be eligible for administrative relief under Section 9.5-122.2(t) of the Monroe County Land Development Regulations. Staff recommends that administrative relief be granted in the form of a ROGO allocation award. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: ST AFF RECOMMENDATIONS: Approval. TOTAL COST: COST TO COUNTY: N/A N/A BUDGETED: Yes N/A No SOURCE OF FUNDS: N/ A REVENUE PRODUCING: Yes No X AMOUNTPERMONTH N/A Year Included X Risk Management N/ A APPROVED BY: County Arty ~ DIVISION DIRECTOR APPROVAL: DOCUMENTATION: To FolIo Not Required_ DISPOSITION: AGENDA ITEM # 2'1 Revised 2/27/01 i~ RESOLUTION NO. - 2004 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY VALERIO EGUIZABAL ON THE LOT DESCRIBED AS LOT 7, BLOCK 4, TAVERNIER OCEAN SHORES, KEY LARGO, REAL ESTATE NUMBER 00483140.000000. THE RELIEF IS IN THE FORM OF A DWELLING UNIT ALLOCATION AWARD. WHEREAS, Valerio Eguizabal has submitted an application for a building permit allocation under the Residential Rate of Growth Ordinance (ROGO) in October of 2000; and WHEREAS, the application has been in the ROGO system for at least four (4) consecutive years; and WHEREAS, Valerio Eguizabal 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 is disturbed/scarified and the applicant received positive one point; 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, the subject property is not an area of indigenous hammock or pinelands; 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 Tavernier Ocean Shores IS not environmentally sensitive; WHEREAS, The Monroe County Board of County Commissioners makes the following findings of fact and conclusions of law: I) The Eguizabal property, Lot 7, Block 4, Tavernier Ocean Shores, ROGO application received no negative environmental points and one (I) posiltive environmental point; and 2) Policy 101.6.1 of the 2010 Comprehensive Plan and Sectioln 9.5-122.2(f) ofthe Monroe County Land Development Regulations provides a mechanJism whereby an applicant who Page 1 of2 has not received an allocation award in ROGO may apply to the Board of County Commissioners for administrative relief. 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) The property does not qualify under criteria established by Resolution 223-2004 for purchase by the Monroe County Land Authority of small parcels with indigenous hammock and pinelands; and 5) The property does not qualify as environmentally sensitive under criteria established by Policy 101.6.5 and Policy 101.6.6 that directs the County to prioritize acquisition based on the environmental sensitivity of the land. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Administrative relief is granted to Valerio Eguizabel for Lot 7, Block 4, Tavernier Ocean Shores, administrative relief in the form of a dwelling unit allocation award, subject to the following conditions: 1. The timing of the issuance of the permit shall be in accordance with the annual number of residential allocations defined by Policy 101.2.13 and as required by Section 9.5-122.2 (f) of the Monroe County Code; and 2. The allocation award shall be taken out of the next quarterly allocation which closes October 13,2004 (Quarter 1, Year 13); and 3. The assignment of a nutrient reduction credit shall be required prior to issuance of the permi~. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of 2004. 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 Oil.: DEPUTY CLERK Page 2 of2 Growth Management Division 2798 Overseas Highway Suite 410 Marathon, Borida 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 From: K. Marlene Conaway, Director Department of Planning and Environmental Resources Date: July 16, 2004 Subject: Valerio Eguizabal, Administrative Relief Request Background on Subject Property: The subject property is zoned Improved Subdivision (IS) Land Use District and is located at Tavernier Ocean Shores Block 4, Lot 7, Tavernier, Real Estate Number 00483140.000000. The applicant purchased the property in May of 2000; the price is listed in the assessor's records as $180,000. The applicant entered the Residential Rate of Growth Ordinance (ROGO) system on October 5, 2000. Permitting History: A building permit and ROGO allocation were applied for on October 5, 2000 (Year 9, Quarter 1). The application scored eighteen (18) points: ten (10) points from planning including six (6) points for land dedication; one (1) point from building; and positive one (1) point for biology as the subject property was determined to be disturbed/scarified by the Upper Keys Biologist. Currently, with the addition of three perseverance points, the property scores twenty-one (21) points. At the end of the first quarter, Wednesday October 13th, 2004, the applicant will receive an additional perseverance point for a total of twenty-two (22) points. This lot is the last undeveloped parcel in the subdivision. Previous ROGO allocations have been granted with one awarded in Year 9, one in Year 6 and three in Year 3. These include Permit Numbers: 99-3-3561,96-3-3137,94-3- 3163,94-3-2103, and 94-3-2104. The applicant applied for administrative relief on July 9, 2004 (Year 12, Quarter 4) 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. 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 is Tier III and has been identified as scarified by the Upper Keys Biologist. It is not an area of concern. Neighboring Properties - The subdivision has been built out and the properties adjacent to the subject site to the north and south are developed with single-family residences. ROGO - The ROGO point system is designed to direct growth to protect natural resources and to encourage infill development of improved subdivision lots. In response to Objectives 101.5 of the MOlioe County 2010 Comprehensive Plan, which directs the County to protect natural resources, Land Development Regulations (LDRs) have been adopted th~t score minus ROGO points for any lots in environmentally sensitive lands. The subject lot received no negative points under Section 9.5-122.3 of the Land Development Regulations. Smart Growth Initiative - Although MOlioe County is in the process of adopting a land use program which will further define areas for future development and areas in which no development may occur, Goal 105 of the MOlioe County Comprehensive Plan defines three 'tiers' that direct 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 2 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. 3. 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 is located in Tavernier Ocean Shores subdivision and meets the criteria for an Infill Area (Tier III) in Goal 105. New development and redevelopment are to be highly encouraged. ROCC Resolution No. 223-2004, is a resolution of the BOCC that limits the issuance of permits for land clearing. It further asks staff to identify and recommend for purchase by the Land Authority, all small parcels of CNA areas 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 CAN 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. The subject parcel is not within a CNA area. Eligibility for Administrative Relief Options: Section 9.5-I22.2(t) 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-I22.2(t) include issuance of an allocation award or just compensation by purchase of the property or such other relief as may be necessary or appropriate. 3 The subject property does not contain sensitive environmental features or any significant habitat for endangered or threatened animal species. It therefore does not meet the criteria 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 recommends the award of a RaGa allocation to the applicant. 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 award of a RaGa allocation. Cc: Timothy J. McGarry, AICP, Director of Growth Management Mark Rosch, Monroe County Land Authority 4 - c;;- o 0 0 0 0 ~ 0 c 0 0 Q) ci ~ CO ~ ...- ..... ~", ('f) cCO GO .- ~ C! "'- ~co 0 .- .c W ~Q) COco .......... ~ II Q ~ CO Q) Q a. e Q a.. = .... .... Q) Q '(;j Q) F .0 F II Q CO II N 'S 0 0 0 01 . W 0 ~ ~ M CO ~ 0 0 W c:: ........., ~ ~ CI) c. e a. - ca ..Q ca N .- ::s C1 w c ~ :U'~ ..., o!l!e !~f~ ...alil~ i~ t.sl ~.S:a .s ~ j ~.~ ~1~~~ f~ il.- 8:1~~ ~-a~! ~~!! .g*ai .ff 0 >"C aU :a ~i ......