Item P6
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 David Thompson for Block 8,
Lot 8 of Largo Sound Village, RE# 00475480.000000.
ITEM BACKGROUND:
A building permit and ROGO allocation were applied for on June 14, 2000 (Year 8, Quarter 4). The
applicant applied for administrative relief on June 15, 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.
Staff recommends that administrative relief be granted in the form of a dwelling unit allocation award.
PREVIOUS RELEVANT BOCC ACTION: N/ A
CONTRACT/AGREEMENT CHANGES: N/A
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 AMOUNT PER MONTH N/A
Year
APPROVED BY: County Atty ~ OMB/Purchasing N/ A
Risk Management N/ A
DIVISION DIRECTOR APPROVAL:
CP
DOCUMENTATION:
Included X
To Follow
Not Required
AGENDA ITEM # F&
DISPOSITION:
Revised 2/27/01
~~~
RESOLUTION NO.
- 2004
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST
FOR ADMINISTRATIVE RELIEF MADE BY DAVID
THOMPSON ON THE LOT DESCRIBED AS LOT 8, BLOCK 8,
LARGO SOUND VILLAGE, KEY LARGO, REAL ESTATE
NUMBER 00475480.000000 IN THE FORM OF A DWELLING
UNIT ALLOCATION AWARD.
WHEREAS, David Thompson has submitted an application for a building permit
allocation under the Residential Rate of Growth Ordinance (ROGO) in June of2000; and
WHEREAS, the application has been in the ROGO system for at least four (4)
consecutive years; and
WHEREAS, David Thompson 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 Largo Sound Village is not environmentally
sensitive;
WHEREAS, the Monroe County Board of County Commissioners makes the following
findings of fact and conclusions of law:
Page 1 of3
1) The Thompson property, Lot 8 Block 8, Largo Sound Village, ROGO application
received no negative environmental points and one (1) positive environmental point; and
2) Policy 101.6.1 ofthe 2010 Comprehensive Plan and Section 9.5-I22.2(f) of the Monroe
County 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.
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 David Thompson for Lot 8 Block 8, Largo Sound Village, 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 permit.
(The remainder of this page intentionally left blank)
Page 2 of3
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the day of 2004.
Mayor Mlll"iay 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
Oil':
Page 3 of3
Growth Management Division
2798 Overseas Highway
Suite 410
Marathon, l10rida 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
Geor:!;e 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 26, 2004
Subject:
David Thompson, Administrative Relief Request
Background on Subject Property:
The subject property is zoned Improved Subdivision (IS) Land Use District and is located at Largo
Sound Village Block 8, Lot 8, Key Largo, Real Estate Number 00475480.000000. The applicant
purchased the property in March of 2001; the price is listed in the assessor's records as $20,000.
The applicant entered the Residential Rate of Growth Ordinance (RaGa) system on June 14,2000.
Permitting History:
A building permit and RaGa allocation were applied for on June 14, 2000 (Year 8, Quarter 4).
The application scored seventeen (17) points: ten (10) points from planning; six (6) points 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 four perseverance points, the property scores twenty-one (21) points
(as of Tuesday, July 13th, 2004). Since 2000 (Year 8, 3rd Quarter of RaGa), five (5) RaGa
allocation awards have been issued to lots in the Largo Sound Village subdivision. These include
Permit Numbers: 00-3-0740, 00-3-5139, 00-3-3568, 01-3-1058 and 04-3-1001.
The applicant applied for administrative relief on June 15, 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.
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 is almost entirely built out. Properties adjacent to the
subject site 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
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 subject lot received no negative points under Section
9.5-122.3 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.
The subject property is located in Largo Sound Village subdivision and meets the criteria for an
Infill Area (Tier III) as defined in Goal 105. New development and redevelopment are to be highly
encouraged.
BOCC Resolution No. 223-2004, is a resolution of the BOCC that limits the issuance of permits
for land clearing. It further directs staff to identify 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.
2
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.
.'1'
Eligibility for Administrative Relief Options:
Section 9.5-122.2(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 9.5-122.2(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.
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
ROGO 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 in the form of a dwelling unit allocation in the next quarterly ROGO
allocation period which closes October 13,2004.
Cc: Timothy J. McGarry, AICP, Director of Growth Management
Mark Rosch, Monroe County Land Authority
Joel Reed, Planner
Richard Collins, Esq.
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