Item P5
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 16, 2005
Division;
Growth Management
Bulk Item: Yes
No X
Department: Planning and Env. Resources
Staff Contact Person: Marlene Conaway
AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief from
Carlos Machado for Lot 9, Block 17 of Twin Lakes Subdivision, RE # 00550390.000000.
ITEM BACKGROUND: A building permit and ROGO allocation were applied for on January 12,
2001 (Year 9, Quarter 2). The applicant applied for Administrative Relief on November 10,2004 (Year
13, Quarter 1) and is within the allowable time frame to be eligible for Administrative Relief under
Section 9.5-122.2(f) of the Monroe County Code.
Staff recommends that Administrative Relief be granted in the form of a dwelling unit allocation
award.
PREVIOUS RELEVANT BOCC ACTION: NI A
CONTRACT/AGREEMENT CHANGES: N/A
ST AFF RECOMMENDATIONS: ApprovaL
TOTAL COST:
N/A
BUDGETED: Yes N/A No
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
N/A
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH
Year
APPROVED BY: County Arty ~ OMB/Purchasing N/A
DOCUMENTATION:
Included X
fiSk Management _N/A_
DIVISION DIRECTOR APPROVAL:
DISPOSITION:
AGENDA ITEM #
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RESOLUTION NO.
- 2005
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST
FOR ADMINISTRATIVE RELIEF MADE BY CARLOS
MACHADO ON THE LOT DESCRIBED AS LOT 9, BLOCK 17,
TWIN LAKES SUBDIVISION, KEY LARGO, REAL ESTATE
NUMBER 00550390.000000. THE RELIEF IS IN THE FORM OF
A DWELLING UNIT ALLOCATION AWARD.
WHEREAS, Carlos Machado has submitted an application for a building permit
allocation under the Residential Rate of Growth Ordinance (RaGa) in January of 200 1; and
WHEREAS, the application has been in the RaGa system for at least four (4)
consecutive years; and
WHEREAS, Carlos Machado 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 ofthe vegetative habitat on the lot; and
WHEREAS, the subject property, located in Twin Lakes Subdivision IS not
environmentally sensitive;
WHEREAS, the Monroe County Board of County Commissioners makes the following
findings of fact and conclusions of law:
1) The Machado property, Lot 9, Block 17, Twin Lakes Subdivision, ROGO application
received no negative environmental points and one (1) positive environmental point; and
2) Policy 101.6.1 of the 2010 Comprehensive Plan and Section 9.5-122.2(f) of the Monroe
County Land Development Regulations provides a mechanism whereby an applicant who
Page lof2
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 Carlos Machado for Lot 9, Block 17, Twin Lakes Subdivision,
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 ofthe next quarterly allocation which closes April 13,
2005 (Quarter 3, Year 13) or such time as a residential allocation becomes available; and
3. The assignment of a nutrient reduction credit shall be required prior to issuance of the permit.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the day of 2005.
Mayor Dixie Spehar
Mayor Pro Tem Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner David Rice
Commissioner Murray Nelson
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Dixie Spehar
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM
Af fJ 1
. 'V;yC } ~ 21 ~j):!J
Dat.:
DEPUTY CLERK
Page 2 of2
Growth Management Division
2798 Overseas Highway
Suite 410
Marathon, Florida 33050
Phone: (305) 289-2500
FAX: (305) 289~2536
Board of County Commissioners
Mayor Dixie M. Spehar, District 1
Mayor Pro Tern Charles "Sonny" McCoy, District :3
Georze Nensent, Dish'ict 2
David Rice, District 4
Murray Nelson, District 5
To:
Board of County Commissioners
From:
~
K. Marlene Conaway, Directorfl
Department of Planning and Environmental Resources
Date:
December 16,2004
Subject:
Carlos J. Machado, Administrative Relief Request
Background on Subject Property:
The subject property is zoned Improved Subdivision (IS) Land Use District and is Residential
Medium (RM) FLUM. It is located in the Twin Lakes Subdivision, Lot 9, Block 17, Key Largo,
Real Estate Number 00550390.000000. The applicant purchased the property in October 2003; the
sale price is listed in the assessor's records as $210,000. The application entered the Residential
Rate of Growth Ordinance (ROGO) system in the name of John M and Mary L. Lewis on January
12,2001, (Year 9, Quarter 2).
Permitting History:
A building permit and ROGO allocation were applied for on January 12, 2001 (Year 9, Quarter 2).
The application scored fifteen (17) points: ten (10) points from planning; six (6) points from
building; one (1) point from environmental resources as the subject property was determined to be
Habitat Protection Group 1, disturbed/scarified, by the Upper Keys Biologist
With the addition of three (3) perseverance points, the property now scores nineteen (20) points and
will add an additional point January 13, 2005 for a total of twenty-one (21) points.
The property to the north is developed with a residence as is the lot to the south of the subject
property. A total of seventeen (17) previous ROGO allocations have been granted in the Twin
Lakes Subdivision including one (1) in Year 12, one (1) in year 11 and two (2) in Year 10. Permit
Numbers: 02-3-3066,01-3-4561,01-3-4729 and 01-3-1317 respectively.
The applicant applied for administrative relief on November 10,2004 (Year 13, Quarter 1) and is
within the allowable time frame to be eligible for administrative relief under Section 9. 5-122,2(f) of
the Monroe County Code.
Development Potential:
Zoning ~ The property is zoned Improved Subdivision (IS) which allows one single-family
residential dwelling and accessory uses. The property 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 to recognize those portions of subdivisions that were lawfully established and
improved property prior to the adoption of this plan. Development on vacant land within this land
use category shall be limited to one residential dwelling unit for each such platted lot or parcel
which existed at the time of plan adoption.
Land Type - The subject property is Tier III and has been identified as scarified by the Upper Keys
Biologist. The property was given a point assignment of positive one (1) for being in Habitat Group
I which is defined in Section 9.5-122.3(7) and includes the following: Scarified/scarified or
scarified with exotics. This is the least environmentally sensitive category of the four described in
Section 9.5-122.3(7). It is not an area of concern.
Neighboring Properties - The properties to the north and south are developed with single-family
residential dwellings.
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
Momoe 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.
Smart Growth Initiative - Although Monroe 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 Monroe 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 aU 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.
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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
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 Twin Lakes Subdivision and meets the criteria for an Infill Area
(Tier III) 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-pennitted 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 9.5-122.2(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.
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Relief Options under Administrative Relief:
The remedies available to an applicant for Administrative relief pursuant to Section 9.S-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.
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.
The applicants have indicated that they do not wish to sell the property to the County as provided
for under Policy 101.6.1 of the Year 2010 Comprehensive Plan and are asking for a building permit
in order to begin construction.
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 as an award of a ROGO allocation in the next quarterly RaGa allocation
period which closes April 13,2005, or at such time as a ROGO allocation is available.
Cc: Timothy J McGarry, AICP, Director of Growth Management
Mark Rosch, Monroe County Land Authority
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