Item V4
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 20, 2003
Bulk Item: Yes No X
Division: Growth Management
Department Planning
AGENDA ITEM WORDING: Public hearing to consider Administrative Relief application
filed by Mr. and Mrs. William Cobey for Lot 38, Block 3, of Buccaneer Point, Key Largo [One
public hearing required]
ITEM BACKGROUND: This application for relief under the Rate of Growth Ordinance
(ROGO) has been filed under provisions of Section 9.5-122.2(t) of the Monroe County Code that
allows any applicant, who has been considered and denied a ROGO allocation for three (3) of
four (4) consecutive years, to file for relief with the Board of County Commissioners (BOCC).
The applicants applied for their ROGO allocation on January 26, 1999 and applied for
administrative relief on March 10, 2003. This relief may take the form of an offer to purchase
the applicant's property, issuance of a building permit, or suggestions of such relief as may be
deemed appropriate by the BOCC. The staff is recommending that the applicants be granted an
ROGO allocation subject to receiving a nutrient reduction credit.
PREVIOUS RELEVANT BOARD ACTION: N/A
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION: Approval
TOTAL COST: NA
BUDGETED: Yes
No
COST TO COUNTY: NA
SOURCE OF FUNDS: NA
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH
YEAR
APPROVED BY: County Attorney lOMB/Purchasing
Risk Management _
DIVISION DIRECTOR APPROVAL:
,AICP
DOCUMENTATION: Included~ To follow Not required
DISPOSITION: AGENDA ITEM # ~___ V.+
RESOLUTION NO.
- 2003
A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVING WITH CONDITIONS THE
REQUEST FOR ADMINISTRATIVE RELIEF IN THE FORM OF A
ROGO ALLOCATION MADE BY WILLIAM COBEY ON THE LOT
DESCRIBED AS BLOCK 3, LOT 38, BUCCANEER POINT, KEY
LARGO. REAL ESTATE NUMBER 00496131-008200
WHEREAS, William Cobey has submitted an application for a building permit
allocation under the Residential Rate of Growth Ordinance (ROGO) in January 26, 1999;
and
WHEREAS, the application has been in the ROGO system for at least four (4)
consecutive years; and
WHEREAS, William Cobey has applied for administrative relief under Monroe
County Code Section 9.5-122.2 (f); and
WHEREAS, the Board of County Commissioners (BOCC) has the authority to
grant administrative relief under Section 9 .5-122.2( f) in the form of granting the applicant
a building allocation, offer to buy the property at fair market value, or such other relief as
may be necessary and appropriate; and
WHEREAS, the subject property is a located in a platted subdivision serviced by
infrastructure; and
WHEREAS, the subject property is located within an area characterized for
"infill" development under Goal 105 of the Year 2010 Comprehensive Plan; and,
WHEREAS, the subject property does not contain any significant native habitat
or environmental features; and,
WHEREAS, the Land Authority has informed the Growth Management Division
staff that the applicant does not wish to sell the property to the County as provided for
under Policy 101.6.1 of the Year 2010 Comprehensive Plan; and,
WHEREAS, Section 9.5-122.2(f), Monroe County Code, offers the following
options for relief: granting of an allocation award; offer to purchase the property at fair
market value; and other suggested relief as may be necessary and appropriate; and,
WHEREAS, the subject property does not meet the guidelines established under
Policy 101.6.6 and Policy 105.2.12 of the Year 2010 Comprehensive Plan for the
purchase of property under Administrative Relief as it does not contain any sensitive
environmental features; and,
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WHEREAS, other types of relief are not necessary or appropriate for this
property; and,
WHEREAS. the subject propeny is located within an area that meets County
standards for <linfill" development as provided for under Goal 105 of the Year 2010
Comprehensive Plan; and.
WHEREAS, the granting of an allocation award is the preferred relief option and
is consistent with the policies for administrative relief under the Year 2010
Comprehensive Plan;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNT\'
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the application filed
by William Cobey for administrative relief in the fonn of a ROOO allocation award is
APPROVED subject to the fonowing conditions:
1. The ROGO allocation award is contingent upon the applicant purchasing or
receiving a nutrient reduction credit;
2. The allocation shall be taken out of the next quarterly allocation (Quaner 4, Year
12) which closes October 13. 2003; and.
3. A permit from the Department of Health for an on-site wastewater treatment
system is required prior to the issuance of the building pennit.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regu!armeeting held on the day of 2003.
Mayor Dixie Spehar
Mayor Pro Tem Murray Nelson
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Conunissioner David P. Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
BY
Mayor Dixie Spehar
(SEAL)
A TrEST: DANNY L. KOHLAGE, CLERK
DEPUTY CLERK
County of Monroe
Growth MaJluement Division
2798 Overseas Highway
Suite 400
Marathon, norida 33050
Voice: (305) 289-2500
FAX: (305) 289-2536
Board ofCountvConunissioners
Mayor Dixie Spehar, Dist. I
Mayor Pro Tern Murray Nelson, Dist. 5
Comm. Charles "Sonny" McCoy, Dist 3
Comm. George Neugent, Dist. 2
Comm. David P. Rice, Dist. 4
To:
Board of County Commissioners
K. Marlene Conawa~, Director ~t~~ /
Department of Planmng and Envlfo~al Resources
From:
Date:
July 31, 2003
Subject:
William Cobey, Administrative Relief Request
Background on Subject Property
The subject property for which the applicant is seeking Administrative Relief is located at
Buccaneer Point, Block 3, Lot 38, Key Largo, Real Estate # 00496131-008200. The property is in
the Improved Subdivision (IS) Land Use (zoning) District. The applicant entered the Residential
Rate of Growth Ordinance (ROGO) system in January 1999.
Permitting History
A building permit and ROGO allocation were applied for on January 26, 1999. The application
scored 12 points. Currently, with the addition of four perseverance points, the property scores 16
points.
Development Potential
Zoning - The property is zoned Improved Subdivision (IS) and allows one single-family residence
and accessory uses. As an Improved Subdivision, it has no TDR 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.
The Buccaneer Point subdivision is currently nearing build-out in terms of remaining vacant lots. In
the immediate vicinity of the subject property, Lots, 30,31, 32, 33, 35, 36, 37, 39, and 40 have
single-family residences. Lots 38 and 34 are the only undeveloped lots in close proximity.
Buccaneer Point is projected to be a Tier III area pursuant to Goal 105 of the Monroe County Year
2010 Comprehensive Plan. Tier III is defined in Policy 105.2.1 as follows: Infill Area (Tier III) -
County of Monroe
"any defined geographical area, where a significant portion of land area is not characterized as
environmentally sensitive as defined by this Plan, where existing platted subdivisions are
substantially developed, served by complete infrastructure facilities, and within close proximity to
established commercial areas, or where a concentration of non-residential uses exist, is to be
designated as an Infill Area." New development and redevelopment are to be highly encouraged.
The subject property, located in Buccaneer Point, is considered an Infill Area based on the above
definition.
Eligibility for Administrative Relief Options
Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 of
the 2010 Comprehensive Plan 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. 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 annual allocation period.
Relief Options under Administrative Relief
The remedies available to an applicant 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 meet the guidelines established under Policy 106.6.6 and Policy
105.2.12 of the Year 2010 Comprehensive Plan for the purchase of property under Administrative
Relief as it does not contain any sensitive environmental features nor is it considered habitat for
endangered or threatened species.
The Monroe County Land Authority has informed the Growth Management Division staff that the
applicant does not wish to sell the property to the County as provided for under Policy 101.6.1 of
the Year 20 I 0 Comprehensive Plan.
The Growth Management Division has determined that other types of relief are not necessary or
appropriate for this property. Furthermore, as noted above, the subject property is located within an
area that meets County standards for "infill" development as provided for under Goal 105 of the
Year 2010 Comprehensive Plan.
Therefore, the granting of an allocation award is the preferred relief option and is consistent with
the policies for administrative relief under the Year 2010 Comprehensive Plan.
2
County of Monroe
Recommendation:
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 a resolution that
grants the applicant an allocation award be approved subject to the following condition: obtain a
nutrient reduction credit. If approved, the allocation award shall be taken out of the next quarterly
allocations which closes October 13,2003 (Quarter 1, Year 12).
Cc: Timothy J. McGarry, AICP, Director of Growth Management
Mark Rosch, Monroe County Land Authority
Karen Cabanas, Esq.
Andrew Tobin, Esq.
3