Item R2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 15.2006
Division:
Growth Management
Bulk Item: Yes
No~
Department: Planning and Env. Resources
Staff Contact Person: Aref Joulani
AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief from
Dean Parkinson, Lot 5, Block 16, Twin Lakes, Key Largo, Real Estate Number 00550220.000000.
ITEM BACKGROUND: A building petmit and ROGO allocation were applied for on January 4,2002
(Year 10, Quarter 2). The applicant applied for Administrative Relief on July 12, 2005 (Year 13,
Quarter 4) and is within the allowable time ti-ame 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 torm {Sf a dwelling unit allocation
award.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval.
TOT AL COST:
N/A
BUDGETED: Yes N/A No
COST TO COUNTY:
N/A
SOURCE OF FUNllS: N/A
-~ ~~~~
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty ~ OMB/Purchasing N/A " Risk Management ~N/A~
\
~~ ~ i
/'-:;7 / . ~ /
DIVISION DIRECTOR APPROVAL: ,.../","w", ,/d./t /l./7Y(CV"-/
Ronda l'\orman, Acting Director of Growth Management
DOCUMENTATION:
Included X
Not Required_......~.......
DISPOSITION:
AGENDA ITEM #
RESOLUTION NO. -2006
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSiONERS APPROVING THE REQUEST
FOR ADMINISTRATiVE RELIEF MADE BY DEAN
PARKINSON ON THE LOT DESCRIBED AS LOT 5, BLOCK
16, TWIN LAKES KEY LARGO, RE#00550220.000000. THE
RECOMMENDED RELIEF is iN THE FORM OF A
DWELLING UNIT ALLOCATION
WHEREAS~ Dean Parkinson submitted an application for a building permit allocation
under the Residential Rate of Growth Ordinance (ROGO) Section 9.5-120-140, Monroe County
Code, in January of 2002: and
WHEREAS, based on the Application for Administrative Relief, attachments thereto,
Staff Report, recommendations and other materials, the Monroe County Board of County
Commissioners makes the following Findings of Fact:
1. The subject property is zoned Improved Subdivision (IS) and is located in the
Twin Lakes Subdivision, Lot 5, Block 16, Key Largo, Real Estate Number
00550220.000000.
2. The application of Dean Parkinson has been in the RaGa system for at least four
(4) consecutive years.
3. The lot is not identified as being in the Conservation and Native Area (CNA),
received no negative environmental points and one (1) positive environmental
point.
4. The Board of County Commissioners Resolution 223~2004 directs staff to
identify small parcels with indigenous hammock and pinelands for recommended
purchase.
5. The subject property is not an area of indigenous hammock or pinelands.
6. The subject property, located in Twill Lakes Subdivision is not environmentally
sensitive.
7. The applicant, Dean Parkinson, has applied for Administrative Relief under
Section 9.5-122.2(1)(6) of the Monroe County Code and Policy 101.6.1 of the
20 10 Comprehensive Plan.
8. The applicant has been in the RaGa system for three of the last four annual
allocations periods and therefore qualifies for Administrative Relief.
9. The property does not quality under criteria established by Resolution 223~2004
for purchase by the Monroe County Land Authority of small parcels with
indigenous hammock and pine lands.
10. The property does not qualify as environmental sensitive under criteria
established by Policy 101.6.5 and Policy 101.6.6 of the Monroe COllnty Years
2010 Comprehensive Plan that directs the COllnty to prioritize acquisition based
on the environmental sensitivity of the land.
Page I on
WHEREAS, the Monroe County Board of County Commissioners makes the following
Conclusions of Law:
1. Section 9.5-l22.2(f) 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.
2. The Board of County Commissioners (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.
3. Policy 101.6.5 of the 2010 Comprehensive Plan provides criteria to be used for
detennining lands that are appropriate for acquisition and the criteria includes the
environmental sensitivity of the vegetative habitat on the lot.
NOW THEREFORE, BE IT RESOL VED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Administrative relief is granted to Dean Parkinson on Lot 5, Block 16, Twin Lakes 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 20 I 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 which closes April 13,
2006 (Quarter 3, 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 . 2006.
Mayor Charles "Sonny" McCoy
Mayor Pro-Tem Murray Nelson
Commissioner Dixie M. Spehar
Commissioner George Neugent
Commissioner David P. Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Charles "Sonny" McCoy
(SEAL)
ATTEST: DANNY L. HOLHAGE, CLERK
DEPUTY CLERK
Page 2 of2
GROWn! MANAGEMENT DIVISION
88800 Overseas Hishway
Tavernier, rlorjda 3300
Voice: (305) 852~ 7100
FAX: (305) 852-7103
BOARD OF COUN'lY COMMISSIONERS
Mayor Charles "Sonny" McCoy, District 3
Mavor Fro Tem Murray E. Nelson, District 5
Dixie M. Spehar, Dist!'lct I
George Neugent, Districl 2
David P. Rice, District 4
To:
Board of County Commissioners
From:
Aref Joulan L Acting Director
Depaliment of Planning and Environmental Resources
Date:
January 3,2006
Subject:
Dean Parkinson, Administrative Relief Request
Background on Subject Property:
The subject property is zoned Improved Subdivision (IS) and is located in the Twin Lakes Subdivision,
Lot 5, Block 16, Key Largo, Real Estate Number 00550220.000000. The applicant purchased the
property in July of 2001. The sale price is listed in the assessor's records as $42,500.00 The current
land value is listed in the assessor's records as $43,875.00 The applicant entered the Residential Rate of
Growth Ordinance (ROGO) system on January 4, 2002 (Year 10, Quarter 2). Pennit #01-3-4558.
Permitting History:
A building permit and ROGO allocation were applied for on January 4,2002 (Year 10, Quarter 2). The
application scored nineteen (19) points: twelve (12) points from planning including the dedication of one
(I) ROGO [at, 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 tlood 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-two (22) points, The
applicant wil I be awarded one more perseverance point at the end of the 2nd quarter of Year 14, January
13, 2006 for a total of twenty-three (23) points,
The property lies between two (2) developed lots with a man-made canal at the rear. There are only
seven (7) vacant lots on Ellen Drive. The rest of the Twin Lakes Subdivision, including Twin Lakes
Addition #1 and #2 is largely built out, with few lots remaining which have not been entered into the
ROGO Allocation System.
There have been thiliy-two (32) ROGO allocations granted in this subdivision, and another seven (7) are
currently in the system avvailing an allocation. A list of permits allocated and issued, along with the
ROGO allocation year is attached as Appendix i\.,
The applicant applied for Administrative Relief on Ju[y 12,2005 (Year 13, Quarter 4) and is within the
a[JO\vable time frame to be eligible fix Administrative Relief under section 9.5-i22.2(t) of the Monroe
County Code,
Page 1 of 3
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 TDR 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-] 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, and most of the remaining vacant lots
have been entered into the ROGO allocation system and are awaiting permit allocations.
ROGO- The ROGO point system is designed to direct growth to protect natural resources and to
encourage infiH 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 Relief Options:
Section 9.5-122.2(t) of the Monroe County Land Development Regulations and Policy 101.6.1 or the
20 10 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 Relief:
The remedies available to an application for Administrative Relief pursuant to Section 9.S-l22.2(t)
include issuance of an allocation award or just compensation by purchase of the property or such other
reI ief as may be necessary or appropriate.
The subject property does not contain sensitive environmental features or any significant habitat fur
endangered or threatened animal species. It therdure does not meet the criteria established under the
existing Pol icy ] 0 1.6.6 and Policy 102.4.2, or the proposed Policy 10 1.6.S of the Year 20 I 0
Comprehensive Plan fur the purchase of property under Administrative Relief.
The applicant has requested Administrative Relief in the furrn of a granting of an allocation and has not
expressed a desire to sell the property to the County as provided for under Policy 101.6.1 of the Year
2010 Comprehensive Plan.
Page 2 of3
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. The Dean Parkinson ROGO application for Lot 5, Block 16, Twin Lakes Subdivision
received no negative environmental points and one (1) positive environmental point; and
2. Policy 101.6.1 of the 20 I 0 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 RaGa may apply to the Board of County Commissioners
for Administrative Relief: and
3. The applicant has been in the RaGa 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 smaIl parcels with indigenous hammock and
pine lands; and
5. The property does not quality as environmentally sensitive under criteria established by
Policy 101.6.5 and Policy 101.6.6 of the Monroe County Year 20 I 0 Comprehensive Plan that
directs the County to prioritize acquisition based on the environmental sensitivity of tile land.
Recommendation:
I. It is recommended that the Board of County Commissioners nnd 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 RaGa allocation in the next quarterly ROGO allocation
period which closes April 13,2006, or at slIch time as a RaGa allocation is available.
cc: Director of Growth Management
Mark Rosch, Monroe County Land Authority
Page 301'3
APPENDIX A
RaGa ALLOCATIONS FOR
TWIN LAKES SUBDIVISION
YEAR 1 - JULY 1992 - JULY 1993
YEAR 2 - JULY 1993 - JULY 1994
92-3-6947
93-3-10928
93-3-11854
YEAR 3 - JULY 1994 - JULY 1995
YEAR 4 - JULY 1995 - JULY 1996
95-3-1003
94-3-0630
94-3-2450
96-3-1692
95-3-0704
95-3-2439
95-3-2068
YEAR 5 - JULY 1996 - JULY 1997
YEAR 6 - JULY 1997 - JULY 1998
97 -3-1368
96-3-0944
97 -3-2012
95-3-1750
96-3-2236
97-3-0143
96-3-1866
96-3-2795
95-3-0638
YEAR 7 - JULY 1998 - JULY 1999
YEAR 8 - JULY 1999 - JULY 2000
98-3-1667
98-3-0064
99-3-1405
99-3-1574
99-3-0207
YEAR 9 - JULY 2000 - JULY 2001
YEAR 10 - JULY 2001 - JULY 2002
99-3-2225
01-3-1317
01-34729
YEAR 11 - JULY 2002 - JULY 2003
YEAR 12 - JULY 2003 - JULY 2004
01-3-4561
02-3-3066
02-3-5120
02-3-3066
YEAR 13 - JULY 2004 - JULY 2005
YEAR 14 - JULY 2005 - JULY 2006
00-3-4385
00-3-3752
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Contact Ihe MePA office.
ONLINE DATA CENTER
RECORDS SEARCH
PROPERTY INFORMATION FOR:
Alternate Key: 1673706
RE Number: 00550220-000000
fproperty Details
OWNER OF RECORD
PARKINSON DEAN
PO BOX 1937
KEY LARGO FL 33037
PROPERTY MAP
,
1"
#4
PHYSICAL LOCATION
KEY LARGO
LEGAL DESCRIPTION
BK 16 loT 5 TWIN LAKES KEY LARGO PB3-160 OR512-775
OR 1226-1609/11 (Cl'vIS) OR 1709-2068(CMS)
..
SECTION, TOWNSHIP, RANGE
14 - 61 - 39
MILL\.GE GRotJP
500K
500236
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4JI
PC CODE
~ Map Size ~
(" None (i Small (' Medium r Larget
00 - VACANT RESIDENTIAL
Land Details
LAND USE CODE
M10C - RESIDENTIAL CANAL
Parcel Value History
LAND AREA
9750 SF
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MISCELLANEOUS
IMPROVEMENTS
o
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LAND
JUST
EXEMPTIONS (NOT
INCLUDING SENIORS)
(1
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TAXABLE
TAX ROLL YEAR
BUILDING
2005
2004
2003
43.875
43,875
43.875
43,875
43,875
4H\75
43,875
43,875
43,875
r Parcel Sales History
Non: - OUR RECORDS Aim TYI'I.CALI.,". '.TWO.. TO. T.HRE..lE MONTI. IS BEHIND FR.. OM TIlE DATI.,. OF SALE.
NOT snow LP PLEASE GlVE OUR OI'FJCE TIME TO PROCESS IT.
SALE DATE OFFICIAL RECORDS PRICE
IF A RECENT SALE DOES
INSTRtiMENT
07/2001
02/1969
1]Q9L4Q6&
SL2!77S
42500
3900
WD
DO
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