Item P4
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 16,2005
Division;
Gro\\'lh Management
Bulk Item: Yes
No -X-
Department: Planning and Env. Resources
Staff Contact Person: Timothv J. McGarry
AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief from
Magaly Rivas, Lot 4, Block 6, Sunrise Point Revised Plat Subdivision, Key Largo, Real Estate Number
#00483810.000000.
ITEM BACKGROUND: A building permit and ROGO allocation were applied for on November 19,
2001 (Year 10, Quarter 2). The applicant applied for Administrative Relief on September 12, 2005
(Year 14, Quarter 1) 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 dwelling unit allocation
award.
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-
. Management: N/ A
j -
DIVISION DIRECTOR APPROVAL:
Garry, AICP)
DOCUMENTATION:
Incl uded X
Not Required_
DISPOSITION:
AGENDA ITEM #
RESOLUTION NO. -2005
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST
MADE BY MAGALY RIVAS FOR ADMINISTRATIVE
RELIEF IN THE FORM OF A DWELLING UNIT
ALLOCATION ON THE LOT DESCRIBED AS LOT 4,
BLOCK 6, SUNRISE POINT AMENDED PLAT, KEY LARGO,
RE#0048381 0.000000,
WHEREAS, Magaly Rivas submitted an application for a building permit allocation
under the Residential Rate of Growth Ordinance (RaGa) in November of 2001; and
WHEREAS, the application has been in the RaGa 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 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 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
tor detemlining 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 Sunrise Point Amended Plat Subdivision is
not environmentally sensitive; and
WHEREAS, the Monroe County Board of County Commissioners makes the following
findings of fact and conclusions of law;
I. The Magaly Rivas application for Lot 4, Block 6, Sunrise Point Amended Plat
subdivision received no negative environmental points and one (l) positive
environmental point; and
2. The applicants have applied for Administrative Relief under Section 9.5-122.2(0(6)
of the Monroe County Code and Policy 101.6.1 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 Commissioners for Administrative Relief; and
Page 1 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 with indigenous
hammock and pine lands; 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 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 Magaly Rivas on Lot 4, Block 6, Sunrise Point Amended Plat
Subdivision in the form of a dwelling unit allocation award, subject to the following conditions:
I. The timing of the issuance of the pennit shall be in accordance with the annual number of
residential allocations defined by Policy 101.2.13 of the Monroe County Year 2010
Comprehensive Plan and as required by Section 9.S-122.2(t) of the Monroe County Code;
and
2. The allocation award shall be taken out of the next quarterly allocation, (Quarter 2, 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 County,
Florida at a regular meeting held on the day of , 2005.
Mayor Dixie Spehar
Mayor Pro Tern 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 Hishway
Tavernier, I10rida 3300
Voice: (305) 852-7100
FAX: (305) 852-7103
BOARD OF COlJN1Y COMMISSIONERS
Mayor Dixie M. Sphere, District I
Mayor Pro Tern Charles "Sonny" McCoy, District 3
Georse Neugent, District 2
David P. Rice, District 4
Murray E. Nelson, District 5
To:
Board of County Commissioners
From:
Timothy J. McGarry, Acting Director
Department of Planning and Environmental Resources
Date:
October 19,2005
Subject:
Magaly Rivas, Administrative Relief Request
Background on Subject Property:
The subject property is zoned Improved Subdivision (IS) and is located in the Sunrise Point Revised Plat
Subdivision, Lot 4, Block 6, Key Largo, Real Estate Number #00483810.000000. The applicant
purchased the property in April, 1998. The sale price is listed in the assessor's records as $35,000.00.
The current land value is listed in the assessor's records as $39,780.00. The applicant entered the
Residential Rate of Growth Ordinance (ROGO) system on November 19, 2001, (Year 10, Quarter 2).
Permit #01-3-3320
Permitting History:
A building permit and ROGO allocation were applied for on November 19,2001, (Year 10, Quarter 2).
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 (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 property scores twenty (20) points. The
applicant will be awarded one more perseverance point at the end of the 2nd quarter of Year 14, January
13,2006 for a total of twenty-one (21) points.
The property lies between two (2) developed lots. There is only one (1) other vacant lot on Bonita Street
where the property is located. The rest of the Sunrise Point Subdivision is largely built out, with few lots
remaining which have not been entered into the ROGO Allocation System.
There have been 7 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 1 of3
The applicant applied for Administrative Relief on September 12, 2005, (Year 14, Quarter I) and is
within the allowable time frame to be eligible for Administrative Relief under section 9.5-I22.2(t) 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 Type- The property was given a point assignment of one (1) positive point for being in Habitat
Group 1 which is defined in Section 9.5-122.3(7) and includes the fullowing; 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 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 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-I22.2(t) of the Monroe County Land Development Regulations and Policy 101.6.] 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 fur 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 tuur consecutive annual
allocation periods and having submitted their application fur Administrative Relief no earlier than the
third annual allocation period and no later than ninety (90) days fullowing 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-I22.2(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 102.4.2, or the proposed Policy 101.6.5 of the Year 2010
Comprehensive Plan for the purchase of property under Administrative Relief.
The applicant has requested Administrative Relief in the fonn of a granting of an allocation and has not
expressed a desire to sell the property to the County as provided fur under Policy 101.6.1 of the Year
2010 Comprehensive Pian.
Staff Analysis:
Page 2 of3
The Growth Management Division has reviewed the application and recommends the award of a ROGO
allocation to the applicant.
Findings of Fact:
]. The Magaly Rivas ROGO application for Lot 4, Block 6, Sunrise Point Amended Plat
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(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 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 of the Monroe County Year 2010 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. The form of this relief is an award of a ROGO
allocation in the next quarterly ROGO allocation period, or at such time as a ROGO allocation is
available.
cc: Timothy J.McGarry, AJCP, Director of Growth Management
Mark Rosch, Monroe County Land Authority
Page 3 of3
APPENDIX A
ROGO ALLOCATIONS FOR
SUNRISE POINT AMENDED PLAT SUBDIVISION
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
93-3-10196
94-3-3002
NONE
YEAR 5 - JULY 1996 - JULY 1997
YEAR 6 - JULY 1997 - JULY 1998
95-3-0136
NONE
YEAR 7 - JULY 1998 - JULY 1999
YEAR 8 - JULY 1999 ~ JULY 2000
99-3-0465
98-3-2511
99-3-0835
YEAR 9 - JULY 2000 - JULY 2001
YEAR 10 - JULY 2001 - JULY 2002
NONE
YEAR 11 - JULY 2002 - JULY 2003
YEAR 12 - JULY 2003 - JULY 2004
NONE
01-3-3810
YEAR 13 - JULY 2004 - JULY 2005
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