Item P5
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 17.2005
Di vision:
Growth Management
Bulk Item: Yes
No X
Department: Plannin(! and Env. Resources
Stafl Contact Person: K. Marlene Conawav
AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief from
David Thompson, Lot 32, Block 8, Key Largo Ocean Shores Addition Subdivision, Key Largo. Real
Estate Number 00499370.000000.
ITEM BACKGROUND: A building permit and ROGO allocation were applied for on July 27, 2001
(Year 9, Qum1er 4). The applicant applied for Administrative Relief on January 31,2005 (Year 13,
Quarter 3) and is \vithin 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: N/ A
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOIVIMENDATIONS: 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
DIVISION DIRECTOR APPROVAL:
Risk Management ~N/A~
APPROVED BY: County Atty .~~
Not Required_
DOCUMENT ATION:
Included X
DISPOSITION:
AGENDA ITEM #
f
RESOLUTION NO. -2005
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST
FOR ADMINISTRATIVE RELIEF MADE BY DAVID
THOMPSON ON TI-:lE LOT DESCRIBED AS LOT 32, BLOCK
8, KEY LARGO OCEAN SHORES ADDITION. KEY LARGO,
RE#00499370.000000. THE RECOMMENDED RELIEF IS IN
THE FORM OF A DWELLING UNIT ALLOCATION
WHEREAS, David Thompson submitted an application for a building permit allocation
under the Residential Rate of Growth Ordinance (ROGO) in July of200]; and
WHEREAS, the application has been in the ROGO system for at least four (4)
consecutive years; and
WHEREAS, the Board of County Commissions (BOCC) has the authority to grant
Administrative Relief under Section 9. 5-122.2(f)( 6) and may grant the applicant a bu ilding
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 not identified as being in the Conservation and Native Area
(CNA), received no negative environmental points and one (I) positive environmental point; and
WHEREAS, Board of County Commissioners Resolution #223-2004 directs staff to
identify small parcels with indigenous hammock and pinelancls for recommended purchase; and
WHEREAS, the subject property is not an area of indigenous hammock or pinelands;
and
WHEREAS, Po] icy] 0 1 .6.5 of the 20 10 Comprehensive Plan provides criteria to be llsed
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 Key Largo Ocean Shores Addition
Subdivision is not environmentally sensitive; and
"VHEREAS, the Monroe County Board of County Commissioners makes the following
findings of fact and conclusions of law:
1. The David Thompson application for Lot 32, Block 8, Key Largo Ocean Shores
Addition subdivision received no negative environmental points and one (1) positive
environmental point; and
2. The applicants have applied for Administrative Relief under Section 9.5-]22.2(f)(6)
of the Monroe County Code and Policy 101.6. I of the 20] 0 Comprehensive Plan and
Section 9.5-] 22.2(0 of the Monroe County Code provides a mechanism whereby an
applicant who has not received an allocation award in ROGO may apply to the Board
of County Commissioners for A.dministrative Relief; and
Page 1 01'2
J
3. The applicant has been in the ROGO system for three of the last fl1ur annual
allocations periods and therefore qual ifies for Administrative Rei iet 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 pine lands; and
5. The propeliy does not qualify as environmentally sensitive under criteria established
by Policy ] 01.6.5 and Policy ] 0 1.6.6 of the Monroe County Years 20 lO
Comprehensive Plan 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 on Lot 32, Block 8,Key Largo Ocean
Shores Addition in the form of a dyvelling unit allocation award, subject to the following
conditions:
1. The timing of the issuance of the perm it shall be in accordance with the annual number of
residential allocations defined by Policy 101.2.] 3 of the Monroe County Year 201 ()
Comprehensive Plan and as required by Section 9.5.- 122.2(1) of the Monroe County Code;
and
2. The allocation award shall be taken out oftlle next quanerly allocation which closes October
13,2005 (Quarter I, Ye,lr 14) 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 Count}' Commissioners of Monroe County,
Florida at a regular meeting held on the __ clay 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. I-10LIIAGE, CLERK
MONROE COUNTY ATTORNEY
i ~PPROVEO A~JO! F~M;
,X,l Vir t)~l/~!.~ / r 1i?
~u
DEPUTY CLERK
Ift.._:
Page 2 of2
GROWTI-I MANAGEMENT DIVISION
88800 Overseas Hizhway
Tavernier,l1orida 3300
Voice: (305) 852~ 7100
FAX: (305) 852,7103
BOARD OF COUNTY COMMISSIONERS
Mayor Dixie M. Sphere, District 1
Mayor Pro Tem Charles "Sonny" 1\1cCoy, Distnct 3
George Neugent, District 2
Davld P. Rlce, District 4
Murray E. Nelson, District 5
To:
Board of County Commissioners
From:
K. Marlene Conaway, Director
Department of Planning and Environmental Resources
Date:
June 28, 2005
Subject:
David Thompson, Administrative Relief Req uest
Background on Subject Property:
The subject property is zoned Improved Subdivision (IS) and is located in the Key Largo Ocean Shores
Addition, Lot 32, Block 8, Key Largo, Real Estate Number 00499370.000000. The applicant purchased
the property in January of 2001. The sale price is listed in the assessor's records as $77,000.00. The
current land value is listed in the assessor's records as $37,692.00 The applicant entered tbe Residential
Rate of Growth Ordinance (ROGO) system on .J uly 27, 2001 (Year 9, Quarter 3). Permit #01-3-2149.
Permitting History:
A building permit and ROGO allocation were applied for on July 27, 2001 (Year 9, Quarter 3). The
application scored seventeen (17) points: ten (10) points from planning, six 6 points from the building
department with seven (7) points for building features and minus one (-I) point for construction in an
AE-8 flood zone; and (1) point from environmental resources as the subject property was determined to
be Habitat Protection Group I, disturbed/scarified, by the Upper Keys Biologist
Currently, with the addition of three perseverance points, the property scores tw'enty (20) points. The
applicant will be awarded one more perseverance point at the end of the 151 quarter of Year 15, October
13, 2005 for a total of twenty-one (21) points.
The property lies between two (2) developed lots with a man-made canal at the rear. There are only three
(3) vacant lots on Corrine Street where the property is located. The rest of the Key Largo Ocean Shores
Addition Subdivision is largely built out, with few lots remain ing which have not been entered into the
ROGO Allocation System.
There have been 31 ROGO allocations granted in this subdivision, and another seven (7) are currently in
the system awaiting an allocation. A list of permits allocated and issued, along with the ROGO
allocation year is attached as Appendix A.
Page lof3
The applicant applied for Administrative Relief on January 31,2005 (Year 13, Quarter 3) 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) allow's single-family residential dwellings and
accessory uses. As an IS lot, it has no TOR value under the current code.
Future Lane Use Map (FLUM) - The FLUM indicates the property to be Residential Medium (RM)
which is intended for single-family residential use.
Land Type - The property was given a point assignment of one (I) positive point for being in Habitat
Group I which is defined in Section 9.5- J 22.3(7) and includes the following: Disturbed/scarified or
disturbed with hammock or disturbed with exotics. This is the least environmentally sensitive category
of the four described in Section 9.5-122.3(7).
Neighboring Properties - The subdivision is highly developed with few remaining vacant lots.
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 Plane which directs the County to protect natural resources,
Land Development Regulations (LDRs) have been adopted that score minus ROGO points in
environmentally sensitive lands. The subject lot received no negative points under Section 9.5-
122.3 of the Land Development Regulations, and is not identified as being in the Conservation and
Natural Areas (CNA).
Eligibility for Administrative Relieve Options:
Section 9.5-122.2(f) of the Monroe County Land OevelopmentRegulations and Policy 101.6.1 or the
20 I 0 Comprehensive Plan provides a mechanism whereby an appl ication which 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 ReI ief 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 Adm.inistrativeRelief no earlier than the
third annual allocation period and no later than ninety (90) days following the close of the fourth
allocation period.
Relief Options under Administrative Relief:
The remedies available to an application for Administrative Relief pursuant to Section 9.5-] 22.2(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 contain sensitive environmental features or any significant habitat for
endangered or threatened animal species. It therefore does not meet the criteria established under the
existing Policy 101.6.6 and Policy J02.4.2, or the proposed Policy ]01.6.5 of the Year 2010
Comprehensive Plan for the purchase of property under Administrative Relief.
The applicant has requested administrative relief in the form of a granting of an allocation and has not
expressed a desire to sell the propeliy to the County as provided for under Policy 101.6.1 of the Year
20 I 0 Comprehensive Plan.
Page 2 of3
.
\
i
Staff Analysis:
The Growth Management Division has reviewed the application and recommends the award of a ROGO
allocation to the applicant.
Findings of Fact:
I. Thc David Thompson ROGO application fell' Lot 32, Block 8, Key Largo Ocean Shores
Addition received no negative environmental points and one (J) 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 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 allocations
periods and therefore qualifies for Administrative Relief; and
4. The propel1y does not qualify under criteria established by Resolution 223-2004 for purchase
by the Monroe County Land Authority of slna]J parcels with indigenous hammock and
pinelands; and
5. The property does not qual ify as environmentally sensitive under criteria establ ishecl by
Policy 101.6.5 and Policy 101.6.6 of the Monroe County Year 201 0 Comprehensive Plan that
directs the County to prioritize acquisition based on the environmental sensitivity of the land,
Recommendation:
1. It is recommended that the Board of COllnty Commissioners fincl that the applicant has met the
criteria and qualifies for Administrative Relief. It is further recommendecl that an order be prepared
that establishes this relief as an award of a ROGO allocation in the next quarterly ROGO al location
period which closes October 13,2005, or at such time as a ROGO allocation is available.
cc: Timothy J. McGarry, AICP, Director of Growth Management
Mark Rosch, Director, Monroe County Land Authority
Page 3 of3
APPENDIX A
ROGO ALLOCATIONS FOR
KEY LARGO OCEAN SHORES SUBDIVISION
YEAR 1 - JULY 1992 - JULY 1993
YEAR 2 - JULY 1993 - JULY 1994
92-3-6901
92-3-6907
92-3-7120
92-3-7526
92-3-7527
92-3-7528
92-3-7570
92-3-7575
92-3-9519
92-3-7301
92-3-10394
93-3-9296
93-3-11194
YEAR 3 - JULY 1994 - JULY 1995
YEAR 4 - JULY 1995 - JULY 1996
93-3-9207
94-3-2398
94-3-1907
YEAR 5 - JULY 1996 - JULY 1997
YEAR 6 - JULY 1997 - JULY 1998
94-3-1427
94-3-3043
94-3-3044
94-3-1428
YEAR 7 - JULY 1998 - JULY 1999
YEAR 8 - JULY 1999 - JULY 2000
98-3-2035
98-3-2252
92 -3-801 5
98-3-1423
99-3-2151
98-3-2751
98-3-2787
00-3-2289
YEAR 9 - JULY 2000 - JULY 2001
YEAR 10- JULY 2001 - JULY 2002
NONE
00-3-0688
YEAR 11 - JULY 2002 - JULY 2003
2004
YEAR 12 - JULY 2003 - JULY
02-3-905
NONE
YEAR 13 - JULY 2004 - JULY 2005
98-3-2251
01-3-1181
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