Item P4
BOARD OF COUNTY COIVIMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: AUQust 17.2005
Division:
Growth Management
Bulk Item: Yes
No~
Department: Planning and Env. Resources
Staff Contact Person: K.Marlene Conaway
AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief from
John Landers, Lot 4, Block N/A, Paradise Point Cove Subdivision, Key Largo, Real Estate Number
00514040.000000.
ITEM BACKGROUND: A building permit and ROGO allocation were applied for on July 17, 2001
(Year 10, Quarter 1). The applicant applied for Administrative Relief on July 6, 2005 (Year 13, Quarter
3) and is within the allowable time frame to be eligible for Administrative Relief under Section 9.5-
1 22.2(f) of the Monroe County Code.
Staff recommends that Administrative Relief be granted in the form of a dyvelling unit allocation
award.
PREVIOUS RELEVANT BOCe ACTION: N! A
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMl\lENDATIONS: ApprovaL
TOT AL 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
DOCUMENTATION:
Included X
Risk Management uuN/A_
APPROVED BY: County Atty .~
DIVISION DIRECTOR APPROVAL:
DISPOSITION:
AGENDA ITEM #
RESOLUTION NO. -2005
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST
FOR ADMINISTRATIVE RELIEF MADE BY JOHN
LANDERS ON THE LOT DESCRIBED AS LOT 4, BLOCK
N/A, PARADISE POtN'I' COVE SUBDIVISION, KEY LARGO,
RE#005I4040,OOOOOO. THE RECOMMENDED RELIEF IS IN
THE FORM OF A DWELLING UNIT ALLOCATION
WHEREAS, John Landers submitted an application for a building permit allocation
under the Residential Rate of Growth Ordinance (RaGa) in July 01'200 I; and
WHEREAS, the application has been in the ROGO system tor 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((')(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 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 IZesolution 223-2004 directs staff to
identify small parcels with indigenoLls hammock and pinelancls 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 20 I 0 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
\VHEREAS, the subject property, located in Paradise Point Cove Subdivision is not
environmentally sensitive; and
WHEREAS, the Monroe County, Board of County Commissioners makes the following
findings of fact and conclusions of Imv:
L The John Landers application for Lot 4, Block N/A, Paradise Point Cove subdivision
received no negative environmental points and one (I) positive environmental point;
and
2. T'he applicants have applied for Administrative Relief under Section 9,5-122.2(f)(6)
ortbe Monroe County Code and Policy 10 J .6.1 of the 20 I 0 Comprehensive Plan and
Section 9.5-1 22.2(f) of the iVlonroc County Code provides a mechanism whereby an
applicant who has not received an allocation aware! in ROCjO may apply to the Board
of County Commissioners for /"\clm in istrative Re I iet; and
Page] of2
#
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 property does not qualify under criteria established by Rcsolution 223-2004 for
purchase by tbe Monroe Coullty Land Authority of small parcels with indigenous
hammock and pinclands; and
5. The property does not qualify as environmental sensitive under criteria established by
Policy 10] .6.5 and Policy 101.6.6 of the Monroe County Years 2010 Comprebensive
Plan that directs the County to prioritize acquisition based on the environmental
sensitivity of the land.
NOW THEREFORE, BI: IT RESOI..i VED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COlJNTY,FLOnIDA, THAT:
Administrative Relief is granted to John Landers on Lot 4, Block N/A, Paradise Point Cove
subdivision in the form ofa dwelling unit allocation award, subject to the following conditions:
1. The timing of the issuance of the permit shall be in accordance with the annllal number of
residential allocations defined by Policy 101.2.13 of the Monroe County Year 2010
Comprehensive Plan 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 whicb closes October
13,2005 (Quarter L Year 14) or such time as a residential allocation becomes available; and
3. The assignment of a nutrient reduction credit sha II be requ ired prior to issuance oFthe permit.
PASSED AND ADOPTED by the Board of County Com missioners of Monroe County,
Florida at a regu lar meeting held on the __ day of . 2005.
Mayor Dixie Spehar
Mayor Pro Tem Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner David Rice
C0111missioner Murray Nelson
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Tvlayor Dixie Spehar
(SEAL)
MONAOE COUNTY AnORNEY
,APPROVED ~S r.o 'pF\M" "
t~,l /:., t d~ ~ ~ I.. f! K' ;'A' . .
f; /l' ~ .". ,2'i <(/f..~'.
ATTlSr: DANNY L. HOUIAGE, CLERK
Dale:
DEPUTY CLERK
Page 2 of2
GROWTII MANAGEMENT DIVISION
88800 Overseas Highway
Tavernier"Florida 3300
Voice: (305) 852~7100
FA.X: (305) 852- 7103
BOARD OF COUNTY COMMISSIONERS
Mayor Dixie M. Sphere, District 1
IvIayol' Fro Tem Charl.es "Sonny" McCoy, Di$lrict :3
George Neugent, District 2
David P. RIce) DLQrict 4
tvI llrray L Nelson, Distric I 5
To:
Board of County Commissioners
From:
K. Marlene Conaway, Director
Department of Planning and Environmental Resources
Date:
July 22,2005
Subject:
John Landers, Administrative Relief Request
Background on Subject Property:
The subject property is zoned Improved Subdivision (IS) and is located in the Paradise Point Cove
Subdivision, Lot 4, Block NA, Key Largo, Real Estate Number 00514040.000000. The applicant
purchased the property in September of 2000. The sale price is I isted in the assessor's records as
$45,000.00. The current land value is listed in the assessor's records as $38,813.00. The applicant
entered the Residential Rate of Growth Ordinance (ROCiO) system on July 17,2001 (Year 10. Quarter 1,
Pertuit #01-3-1414.
Permitting History:
A building permit and ROGO allocation were appl ied for on July 17, 200 1 (Year 10, Quarter 1). 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 (-1) point for construction in an
AE-8 flood zone; and (l) point from environmental resources as the subj ect property was determined to
be Habitat Protection Group 1, disturbed/scarified, by the Upper Keys Biologist.
Currently, with the addition of three perseverance points, the property scores twenty (20) points. The
applicant will be awarded one more perseverance point at the end of the! st quarter of Year 15, October
13,2005 for a total of twenty-one (21) points.
The property lies south of a man-made canal with a developed lot to the east and an undeveloped lot
immediately to the west There are only five (5) vacant lots on South Blackwater Lane where the
property is located. The vacant lot directly to the west of the property is also a\vaiting a ROGO
allocation, The entire Paradise Point Cove subdivision is largely built OLlt, with few lots remaining that
have not been entered into the ROGO Allocation System.
There have been 6 ROGO allocations granted in this subdivision, and another six (6) 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 1 of3
The applicant applied for administrative relief on July 6, 2005 (Year 13, Quarter 4) and is within the
allowable time frame to be eligible for Administrative Relief under section 9 j-122.2(t) of the Monroe
COllnty Code.
Development Potential:
Zoning - The property is zoned Improved Subdivision (IS) allows 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 1 which is defined in Section 9.5-122.3(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 \vith fevl' remaining vacant lots.
ROGO- The ROGO point system is designed to direct growth to protect natural resources and to
encourage infiJl development of improved subdivisioll 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 Relief Options:
Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the
2010 Comprehensive Plan provides a mechanism whereby an application 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 Relief having complied with all requirements of the dwelling
unit allocation system and having been considered in at least threc (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 Ilinety (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 9.5-122.2(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.
The subject property does not contain sensitive environmental features or any significant habitat for
endangered or threatened animal species. It therefore does not Ineet the ct'iteria established under the
existing Policy 101.6.6 and Policy 102.4.2, or the proposed Pol icy 10 1.6.5 of the Year 20 I 0
Comprehensive Plan for the purchase of property under Admi nistrative Rei ief.
The applicant has requested Administrative Relief in the form of a granting of an allocation and has not
expressed a desire to sell the property to the County as provided for under Policy 101.6. I of the Year
2010 Comprehensive Plan.
Page 2 01'3
Staff Analysis:
The Growth Management Division has reviewed the application and recommends the award of a ROGO
allocation to the applicant
Findings of Fact:
1. The John Landers ROGO application for 4, Block N/A, Paradise Point Cove Subdivision
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(1) 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 property does not qualify under criteria establ ished 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 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 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 qLiarterly ROGO allocation
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, Monroe County Land Authority
Page J ofJ
APPENDIX A
ROGO ALLOCATIONS FOR
KEY LARGO OCEAN SHORES SUBDIVISION
YEAR 1 - JULY 1992 - JULY 1993
YEAR 2 - JULY 1993 - JULY 1994
None
94-3-1513
94-3-1515
YEAR 3 - JULY 1994 - JULY 1995
YEAR 4 - JULY 1995 - JULY 1996
94-3-1514
None
YEAR 5 - JULY 1996 - JULY 1997
YEAR 6 - JULY 1997 - JULY 1998
None
None
YEAR 7 - JULY 1998 - JULY 1999
YEAR 8 - JULY 1999 - JULY 2000
None
None
YEAR 9 - JULY 2000 - JULY 2001
YEAR 10 - JULY 2001 - JULY 2002
None
02-3-2134
YEAR 11 - JULY 2002 - JULY 2003
YEAR 12 - JULY 2003 - JULY 2004
02-3-5411
01-3-1739
YEAR 13 - JULY 2004 - JULY 2005
YEAR14 - JULY 2005 - JULY 2006
Q) St
..$ ~ j
a ~i~
"...
'* (f>
.E .l/I o.{@
0
II ..s::: '~j~
Q) 0... i :! ~
~ m 11"'
.i::' ";:: t,ii~
(lJ
$ <(
0- f') U~,!I;-13
0 Cl j~!f
0: 0
N
~~~'t!
.. Ei
'i~ i'"
~ ~1
tI'J
....
Q)
"'C
c:
<<J
..J
c::
..c:
o
...,
o
o
o
o
o
o
.
o
V
o
V
~
l()
o
o