Item P5
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 16,2005
Division:
Growth Management
Bulk Item: Yes
No-L
Department: Planning and Env. Resources
Staff Contact Person: Timothy J. McGarrv
AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief from
Miles Teach, Lot 29, Block 2, Harris Ocean Park Subdivision, Key Largo, Real Estate Number
#00447430.000000.
ITEM BACKGROUND: A building permit and RaGa allocation were applied for on October 15,
2001, (Year 9, Quarter 2). The applicant applied for Administrative Relief on November 24, 2004,
(Year 13, Quarter 2) 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 purchase of the subject
property.
PREVIOUS RELEVANT BOCC ACTION: N/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 Atty.: 1L-
_ fGarry, AICP)
~ 1
Not'lequired_
DIVISION DIRECTOR APPROVAL:
DOCUMENT A TION:
Included X
DISPOSITION:
AGENDA ITEM #
RESOLUTION NO. -2005
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS DENYING THE REQUEST FOR
ADMINISTRATIVE RELIEF IN THE FORM OF A DWELLING
UNIT ALLOCATION MADE BY MILES TEACH ON THE LOT
DESCRIBED AS LOT 29, BLOCK 2, HARRIS OCEAN PARK
ESTATES, KEY LARGO, RE#00447430,OOOOOO AND OFFERING
TO PURCHASE THE PROPERTY FOR CONSERVATION
PURPOSES AS THE PREFERRED FORM OF
ADMINISTRATIVE RELIEF.
WHEREAS, Miles Teach submitted an application for a building pennit allocation
under the Residential Rate of Growth Ordinance (RaGa) in October 2001; 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 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 identitled as being in the Conservation and Native Area
(CNA), and received two (2) negative environmental points; and
WHEREAS, Board of County Commissioners Resolution #223-2004 directs staff to
identify small parcels with indigenous hammock and pinclands for recommended purchase; and
WHEREAS, the subject property is in 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 the Harris Ocean Park Subdivision, Key
Largo is environmentally sensitive; and
WHEREAS, the Monroe County Board of County Commissioners makes the following
findings of fact and conclusions of law:
L The Miles Teach application for Lot 29, Block 2, Harris Ocean Park Estates
Subdivision received two (2) negative environmental points and is located in the
center of approximately 1.7 acres of contiguous hammock; and
2. The applicant has applied for Administrative Relief under Section 9 .5-122.2(f)( 6) of
the Monroe County Code and Policy 101.6.1 of the 2010 Comprehensive Plan and
Section 9.5-122.2(f) of the Monroe County Code provides a mechanism whereby an
Page 1 01'2
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 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 qualify as environmentally sensitive under criteria established by
Policy 101.6.5 and Policy 101.6.6 of the Monroe County Years 2010 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 Miles Teach on Lot 29, Block 2, Harris Ocean Park
Subdivision in the form of an offer to purchase the subject property subject to the following
conditions:
I. The applicant may elect to sell the property to Monroe County for conservation purposes, or
to remain in the ROGO allocation system until such time as the application receives an
allocation.
2. 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)
A TTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
Page 2 of2
GROWTH MANAGEMENT DIVISION
88800 Overseas Highway
Tavernicr, florida 3300
Voice: (305) 852-7100
FAX: (305) 852-7103
BOARD OF COUr-..'TY COMMISSIONERS
Mayor Dixic M. Sphere, District I
Mayor Pro Tern Charles "Sonny" McCoy, District 3
George Neugent, District 2
David P. Rice, District 4
Murray E. Nelson, District 5
To:
Board of County Commissioners
From:
Timothy J. McGarry, Director
Department of Planning and Environmental Resources
Date:
October 26, 2005
Subject:
Miles Teach, Administrative Relief Request
Background on Subject Property:
The subject property is zoned Improved Subdivision (IS) and is located in the Harris Ocean Park Estates
Subdivision, Lot 29, Block 2, Key Largo, Real Estate Number #00447430.000000. The applicant
purchased the property in January of 2001. The sale price is listed in the assessor's records as
$] 6,000.00. The current land value is listed in the assessor's records as $10,050.00. The applicant
entered the Residential Rate of Growth Ordinance (RaGa) system on October 15, 2001, (Year 10,
Quarter 2). Permit #01-3-2345.
Permitting History:
A building permit and ROGO allocation were applied for on October 15, 2001, (Year 10, Quarter 2).
The application scored thirteen (13) points; ten (10) points from planning, five 5 points from the building
department with six (6) points for building features and minus one (-I) point for construction in an AE-8
flood zone. The building permit application did not include a cistern or reverse osmosis system, and
therefore the maximum building points could not be assigned. In addition the application received
minus two (-2) points from environmental resources as the subject property was determined to be low
quality hammock (Habitat Protection Group 2) by the Upper Keys Biologist.
Currently, with the addition of three perseverance points, the property scores sixteen (16) points. The
applicant will be awarded one more perseverance point at the end of the 2nd quarter of Year 15, January
13,2006 for a total of twenty-one (17) points.
The property is located on Atlantic A venue and is surrounded by vacant lots. There are three (3) vacant
lots to the west, five (5) to the east, four (4) to the south across Atlantic Avenue and four (4) more vacant
lots to the north at the rear of the property. Each lot is 5000 Sq. Ft., making a total of 80,000 Sq. Ft. of
contiguous undeveloped hammock (approximately 1.7 acres) surrounding the property. The rest of the
Harris Ocean Park Subdivision is less than fifty (50) percent developed.
Page 10f3
There have been five (5) ROGO allocations granted in this subdivision, and another eight (8) are
currently in the system awaiting an allocation. A list of pem1its allocated and issued, along with the
RaGa allocation year is attached as Appendix A.
The applicant applied for Administrative Relief on November 24, 2004, (Year 14, Quarter 2) 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) allows single-family residential dwellings and
accessory uses. As an IS lot, it has no TOR 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 TY'Pe - The subject property was determined to be low quality hammock by the Upper Keys
Biologist. The property was given a point assignment of negative two (-2) tor being in Habitat Group 2
which is defined in Section 9.5-122.3(7) and includes the following: High hammock (low quality); Low
hammock (low quality); Scarified land with saltmarsh and buttonwood; and scarified land with beach
berm (design/standards). This is the second least environmentally sensitive category of the four
described in Section 9.5-122.3(7).
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 in environmentally
sensitive lands. The subject lot received two (-2) 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 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 l{elief:
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.
Although the subject property does not contain any significant habitat for endangered or threatened
animal species, it does contain sensitive environmental features. Therefore the subject property does
Page 2 of3
meet the e,'Uidelines 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 applicant has indicated that he does not wish to sell the property to the County as provided for under
Policy 101.6.1 of the Year 2010 Comprehensive Plan.
Staff Analysis:
The Growth Management Division has reviewed the application and determined it is not appropriate to
offer an allocation award to this applicant. The property contains environmentally sensitive lands,
received two negative points (-2) in ROGO and is located within a subdivision with other lots containing
fragmented and contiguous hammock. Furthennore, the land is contained within a hammock patch of
one acre or greater in area, which would be within a proposed Special Protection Area.
The appropriate County action for this property is to offer to purchase the property from the lot owner. If
the owner chooses not to sell to the County, the application may remain in the ROGO system and acerue
two points (+2) for each year over four years that he continues in ROGO. The f.,lTanting of an allocation
award is not the preferred relief option and is not consistent with the policies for Administrative Relief
under the Year 2010 Comprehensive Plan.
Recommendation:
It is recommended that the Board of County Commissioners find that the applicant has met the criteria
and qualifies for Administrative Relief, and that the form of this relief is an offer to purchase the lot for
fair market value by Monroe County.
cc: Timothy 1. McGarry, AICP, Director of Growth Management
Mark Rosch, Monroe County Land Authority
Page3of3
APPENDIX A
ROGO ALLOCATIONS FOR
HARRIS OCEAN PARK ESTATES
YEAR 1 - JULY 1992 - JULY 1993
YEAR 2 - JULY 1993 - JULY 1994
NONE
NONE
YEAR 3 - JULY 1994 - JULY 1995
YEAR 4 - JULY 1995 - JULY 1996
95-3-0564
93-3-12354
95-3-1329
95-3-2628
YEAR 5 - JULY 1996 - JULY 1997
YEAR 6 - JULY 1997 - JULY 1998
97 -3-0726
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
NONE
YEAR 11 - JULY 2002 - JULY 2003
YEAR 12 - JULY 2003 - JULY 2004
NONE
NONE
YEAR 13 - JULY 2004 - JULY 2005
NONE
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Permit# (J 1-3-2345
RE#00447430.00000Cj
Applican!: Miles Teach
Legal Description: Lot 30. Block 2, Harris Occan Park Estates