Item H1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 28. 2009
Division: Growth Management
Bulk. Item: Yes ~ No
Department:
Staff Contact PersonIPhone #: Ralph Gowdy
Ext. #2502
AGENDA ITEM WORDING: Approval of a resolution confirming the action taken by the BOCC at
a public hearing during the meeting of December 17, 2008, awarding Administrative Relief to Judi's
House Inc. in the form of a residential market rate ROGO allocation on Parcel 7, White Heron Estates
A Condominium, Sugarloaf Key Re# 00172070.000700 with the condition that the owner grant a
conservation easement to Monroe County on Parcels 4 & 5, White Heron Estates A Condominium
SugarloafKey, RE# 00172070-000400 and 00172070-000500.
ITEM BACKGROUND: On December 17, 2008 the BOCC granted a ROGO allocation award to
Judi's House Inc. for Parcel No.7 with the stipwation that the owner grant a conservation easement to
Monroe County on Parcels 4 & 5. Due to the conditional approval by the Board of this item requiring
substantive changes/additions to the language of the resolution; it is being presented to the Board as a
bulk. item with changes approved at the December 17th meeting.
PREVIOUS RELEVANT BOCC ACTION:
December 17,2008 BOCC approved ROGD Allocation Award with conditions.
CONTRACVAGREEMffiNTCHANGES:N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
INDIRECT COST: BUDGETED: Yes _No
COST TO COUNTY:
nJa SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No X
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty ---X- OMB/Purchasing _ Risk Management_
DOCUMENTATION:
Included
X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 1/09
290
Commissioner Carruthers to hire Dr. Chad E. Brocato Sr., to serve as Monroe County
Fire Chief. Roll call vote was taken with the following results:
Commissioner Carruthers No
Commissioner DiGennaro Yes
Commissioner Murphy No
Commissioner Wigington No
Mayor Neugent No
Motion failed.
PUBLIC HEARINGS
A Public Hearing was held to consider a request for Administrative Relief for
Judi's House Inc., on Parcel 7, White Heron Estates A Condominium, SugarloafKey,
Real Estate Number 0172070.000700. Suzanne Hutton, County Attorney discussed the
matter. The following public speaker addressed the Board: Mike Cunningham, Agent
for Judy's House, Inc. Drew Trivette, Growth Management Director; and Mark Rosch,
Executive Director of the Monroe County Land Authority discussed the matter. After
discussion, motion was made by Commissioner Murphy to grant the allocation with the
stipulation that the two (2) other vacant lots in the condominium have conservation
easements running in favor of Monroe County. Motion died for lack ofa second.
Motion was then made by Commissioner DiGennaro and seconded by Commissioner
Carruthers approving an allocation for the lot. Roll call vote was taken with the
following results:
Commissioner Carruthers Yes
Commissioner DiGennaro Yes
Commissioner Murphy No
Commissioner Wigington No
Mayor Neugent No
Motion failed. Motion was then made by Commissioner Murphy and seconded by
Commissioner Carruthers to grant the allocation with the stipulation that the two (2) other
vacant lots in the condominium have conservation easements running in favor of Monroe
County. Motion carried unanimously.
A Public Hearing was held to consider approval of a Resolution for Unanticipated
Funds for a Budget Amendment for the Fiscal Year 2009 Key West International Airport
Fund, #404. There was no public input. Motion was made by Commissioner Murphy
and seconded by Commissioner DiGennaro to adopt the following Resolution. Motion
carried unanimously.
RESOLUTION NO. 514-2008
Said Resolution is incorporated herein by reference.
RESOLUTION NO.
-2009
A RESOLUTION BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS APPROVING THE
REQUEST FOR ADMINISTRATIVE RELIEF MADE BY
JUDI'S HOUSE INC. ON PROPERTY DESCRIBED AS
PARCEL 7 ~ WHITE HERON ESTATES A
CONDOMINIUM SUBDIVISION, SUGARLOAF KEY,
RE # 00172070.000700 IN THE FORM OF ONE (1)
DWELLING UNIT ALLOCATION A WARD WITH
CONDITIONS.
WHEREAS, Judi's House Inc. submitted an application for administrative relief
under Sec. 9.5-122.3 of the Monroe County Land Development Regulations; and
WHEREAS, the Monroe County Board of County Commissioners makes the
following findings of fact and conclusions of law:
1. The application for administrative relief from Judi's House Inc. is for
Parcel 7~ White Heron Estates A Condominium Subdivision, Sugarloaf
Key in Monroe County, Florida having RE# 0172070.000700.
2. The date of the ROGO application is 6/29/2004.
3. The ROGO allocation application has been in the RooO system for at
least four (4) consecutive years and qualifies for administrative relief
under Policy 101.6.1 of the Monroe County Year 2010 Comprehensive
Plan.
4. Monroe County Code (MCC) Section 9.5-122.3 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.
5. The Board of County Commissioners (BOCC) has the authority to grant
administrative relief under Section 9.5-122.3(t) and may grant the
applicant a building allocation~ offer to purchase the property at fair
market value~ or provide such other relief as may be necessary and
appropriate.
6. The applicant applied for administrative relief on 7/16/2008~ under
Section 9.5-122.3 of the MCC and Policy 101.6.1 of the 2010
Comprehensive Plan.
7. 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 the applicable Tier designation.
ADMINISTRATIVE RELIEF RESOU TION
RE# 01 72/J7\J.OO070(l
!l31 ()~265
Page I 0(2
8. The subject property has the land use district designation of Suburban
Residential (SR), is located in the White Heron Estates A Condominium
Subdivision and is located in a Tier 1 designated area.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Administrative relief is granted to Judi's House Inc., for Parcel 7, White Heron Estates A
Condominium Subdivision, Sugarloaf Key in the fonn of one (1) dwelling unit allocation,
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 101.2.13 of the Monroe County
Year 2010 Comprehensive Plan and as required by Section 9.5-122.3 of the Monroe
County Code.
2. A conservation easement shall be placed on Parcel 5, White Heron Estates A
Condominium, Sugarloaf Key, Real Estate Number 00172070-000500 and Parcel 4,
White Heron Estates A Condominium, Sugarloaf Key, Real Estate Number
00172070-000400 in favor of Monroe County.
3. The allocation award shall be taken out of the next quarterly allocation which closes
on 1/13/2009 or in the succeeding quarterly allocation period in which administrative
relief allocations are available.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting held on the 28th day of J anuarv. 2009.
Mayor George Neugent
Mayor Pro Tem, Sylvia Murphy
Commissioner Kim Wigington
Commissioner Heather Carruthers
Commissioner Mario Di Gennaro
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor George Neugent
(SEAL)
~ I
~ / " -," /".~ I ~'_ J ..
~ ,":.-~~~. J I~
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
ADMr"ISTRATIVE RELlEf RESOLliTIO:-.l
RE# 0172070.(J007()(J
031 O~2(,5
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