Item P3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 17,2005
Division:
GrowihManagement
Bulk Item: Yes
No X
Department: Planning: and Env. Resources
Staff Contact Person: K. Marlene Conaway
AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Rehef from
Michael & Margaret Liscio, Lot 12, Block 2, Ocean Isle Estates, Subdivision, Key Largo, Real Estate
Number 00538420.000000.
ITEM BACKGROUND: A building permit and I:ZOGO allocation were applied for on June 13, 2001
(Year 9, Quarter 4). The applicant applied for AclministrativeRelief on January 24, 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.
Staff recommends that Administrative Relief be granted in the form of a chvelling unit allocation
award.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval.
TOTAL COST:
N/A
BUDGETED: Yes N/A No
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
NIA
REVENUE PRODUCING: Yes
No
AMOUNT PER IVIONTH
Year
APPROVED BY:
County Atty ~
OIVIr~ N/A
/I
! I 'i3k Management N/A
i .. -
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included X
DISPOSITION:
AGENDA ITEM #
,.
RESOLUTION NO. -2005
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMiSSIONERS APPROVING THE REQUEST
FOR ADMINISTRATIVE RELIEF MADE BY MICHAEL AND
MARGARET LISClO ON THE LOT DESCRIBED AS LOT 12,
BLOCK 2, OCEAN ISLE ESTATES, KEY LARGO,
RE#00538420.000000. THE RECOMMENDED RELlEF IS IN
THE FORM OF A DWELLING UNIT ALLOCATION
WHEREAS, Michael and Margaret Liscio submitted an application for a building permit
allocation under the Residential Rate of Growth Ordinance (1(000) in June of 200 1; and
WHEREAS, the application has been in the RO(iO 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 building
allocation, offer to buy the property at fair mmket valuc, or provide such other rclief 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 CI) positive environmental 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 pine lands;
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 Ocean Isle Estates Subdivision IS not
environmentally sensitive; and
WHEREAS, the Monroe County Board of County Commissioners makes the following
findings of fact and conclusions of law:
1. The Michael and Margaret Liscio application for Lot 12, Block 2, Ocean Isle Estates
received no negative env iron mental points and one ( I) positive environmental point;
and
2. The applicants have applied for Administrative Relief under Section 9.5-122.2(f)(6)
of the Monroe County Code and Policy 101.6. I of the 2010 Comprehensive Plan and
Section 9.5-122 .2(t) 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 Corn missioners f()t" Adm inistrati ve Relief; 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 Resolution 223-2004 for
purchase by the Monroe County Land Authority of small parcels "vith indigenous
hammock and pinelands; and
5. The property cloes not qualify as environmcntal sensitive under criteria established by
Policy 101.6.5 and Policy] 01.6.6 of the Monroe County Years 20 I 0 Comprehensive
Plan that directs the County to prioritize acquisition based all the cnvironmental
sensitivity of the land.
NOW TIIEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA; THAT:
Administrative Relief is granted to Michael and Margaret Liscio, on Lot 12, Block 2, Ocean Isle
Estates in the form ofa d\velling 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 10] .2.] 3 of the Monroe County Year 20] 0
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\cvhich closes October
]3,2005 (Quarter L Year 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 County Commissioners of Monroe COllnty,
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. HOLHAGE, CLERK
Dalll:
DEPUTY CLERK
Page 2 of2
GROWTH MANAGEMENT DIVISION
88800 Overseas Hizhway
Tavernier, Florida 3300
Voice: (~)05) 852-7100
FAX: (305) 852-7103
BOARD Of COUNTY COMMISSIONERS
Mayor Dixie 1\rt Sphere, District I
Mayor I'm Tern Charles "Sonny" McCoy, District 3
George Neugent, District 2
David f'. Rice, District 4
Munay L Nelson, District 5
To:
Board of County Commissioners
From:
K. Marlene Conaway, Director
Department of Planning and Environmental Resources
Date:
June 20, 2005
Subject:
Michael & Mal'garet Liscio, Administrative Relief Request
Background on Subject Property:
The subject property is zoned Improved Subdivision (IS) and is located in the Ocean Isle Estates
Subdivision, Lot 12, B]ock 2, Key Largo, Real Estate Number 00538420.000000, The applicant
purchased the property in April of 2001. The sale price is listed in the assessor's records as $]2,000.00.
The current land value is listed in the assessor's records as $11,400.00. The applicant entered the
Residential Rate of Growth Ordinance (ROGO) system on June 13,2001 (Year 9, Quarter 4). Permit
#0] -3-1440.
Permitting History:
A building permit and ROGO allocation were applied for on June 13, 2001 (Year 9, Quarter 4). The
application scored eighteen (18) points: thirteen (13) points from planning including two (2) points for
modest housing detached infjll, one (1) point for non-waterfront lot under the modest housing program, 4
points from the building department review including one (I) point for construction in an "X" flood zone,
and 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.
Currently, with the addition of three perseverance points, the propetty scores twenty-one (21) points. At
the end of the fourth quarter, Wednesday, July 13, 2005, the applicant will receive an additional
perseverance point for a total of twenty-two (22) points.
The lot immediately to the west of the SLl bject property has a residence, as do the lots immecl iately to the
rear of the subject property and the lot across the road to the north. There is another vacant lot to the east
of the subject property, with two (2) residences immediately to the east of that vacant lot.
Twelve previous ROGO allocations have been granted in the Ocean Isle Estates subdivision, with three
(3) awarded in Year 2, one (1) awarded in Year 3, three (3) awarded in Year 4 ofwhlch two (2) were for
affordable housing, one (1) awarded in Year 5, one (I) a\vardecl in Year 6, one (I) awarded in Year 9,
one (1) awarded in Year 10 and one (1) in Year 11. The permit numbers are: 92-3-6990,92-3-7068,93-
3-10463,94-3-]622,94-3-2428,95-3-2255, 96-3-910. 96-3-1410, 97-3-] 100,97-3-] 101,00-3-3646 and
01-3-260.
Page I of 3
The applicant applied for Administrative Relief on January 24,2005 (Year lJ, Quarter 3) and is vvithin
the allowable time frame to be eligible for Administrative Relief under section 9.5-122.2(1) 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. As an Improved Subdivision lot, it has no TOR value under the current
code.
Future Lane Use Map (FLUM) - The PLUM indicates the property to be Residential Mediu1l1 (RM)
which is intended for single-family residentialusc.
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 more than 50 percent built out. Of the remall1U1g
undeveloped lots in the subdivision, most are in groups of2 or 3 with no large open unbuilt spaces.
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 Compl"ehensive Plane which dkects 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(t) of the Monroe County Land Development Regulations and Policy] 0 1.6.] 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 el igible for Administrative Rei ief hav ing com pJ ied ,;vith alJ requirements of the dwelJ ing
unit allocation system and having been considerecl 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
allocation period.
Relief Options under Administrative Relief:
The remedies available to an application for Admlnlslrative Relief pursuant to Section 9.5- J 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 an ima I species. [t therefore does not meet the criteria establ ished under the
existing Policy 101.6.6 and Policy 102.4.2, or the proposed Policy 101,6.5 of the Year 2010
Comprehensive Plan for the purchase of property under Administrative Relief.
Page 2 of3
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] 0 1.6,1 of the Year
20] 0 Comprehensive Plan.
Staff Analysis:
The Growth Management Division has reviewed the application and recommends the a'vvard of a ROGO
allocation to the applicant.
Findings of Fact:
1. The Michael and Margaret Liscio ROGO application for Lot 12, Block 2, Ocean Isle Estates
received no negative environmental points and one (1) positive environmental poim; and
2. Policy 101.6.1 of the 2010 Comprehensive Plan and Section 9.5-122.2(1) of the Monroe
County Code provides a mechanism \vhereby 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 fOLlr annual allocations
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 \vith indigenous hammock and
pinelands; and
5. The property does not qualify as environmentally sensitive under criteria established by
Policy 10 1.6.5 and Policy 10] .6.6 of the Monroe County Year 2010 Comprehensive Plan that
directs the County to prioritize acquisition based on the environmental sensitivity of the land.
Recommendation:
]. It is recommended that the Board of County Commissioners find that The applicant has met the
criteria and qualifies for Administrative Relief. [t is further recommended that an order be prepared
that establishes this relief as an award of a ROGO allocation ill the next quarterly 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 3 of3
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