Item Q03BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 21, 2008 Division: Growth Management
Bulk Item: Yes No X Department: Planning and Env. Resources
Staff Contact: Tiffany Stankiewicz, Ralph Gouldy
AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for
Harold & Sherry Fried on Lot 20, Block 9, Bahia Mar Estates, Key Largo, Real Estate Number
00545040.000000.
ITEM BACKGROUND: A building permit was applied for on 2/17/2004 and a ROGO application
was applied for on 4/8/2004. The applicant applied for administrative relief on 4/9/2007 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 awarded in the form of purchase by the Land
Authority.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval in the form of purchase by the land authority.
TOTAL COST: N/A
COST TO COUNTY: N/A
BUDGETED: Yes N/A No
SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes _ No _ AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management _N/A
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
RESOLUTION NO. —2008
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST
FOR ADMINISTRATIVE RELIEF MADE BY HAROLD &
SHERRY FRIED ON PROPERTY DESCRIBED AS LOT 20,
BLOCK 9, BAHIA MAR ESTATES SUBDIVISION, KEY
KEY LARGO, RE # 00545040,000000 IN THE FORM OF A
PURCHASE OFFER FROM THE LAND AUTHORITY.
WHEREAS, Harold & Sherry Fried 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:
l . The application for administrative relief from Harold & Sherry Fried is for Lot
20, Block 9, Bahia Mar Estates Subdivision, Key Largo in Monroe County,
Florida having RE# 00545040.000000.
2. The date of the ROGO application is 4/8/2004.
The ROGO allocation application has been in the ROGO 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(f) 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 4f9/2007, 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.
The subject property has the land use district designation of Improved
Subdivision (IS), is located in the Bahia Mar Estates Subdivision and is
located in a Tier 3-A designated area and is also within the Florida
Forever acquisition boundary.
9. Monroe County Code (MCC) Section 9.5-122.3(f) states the Board may
offer to purchase property at its fair market value as the preferred action
for property located within Tier 3-A.
ADMNISTRATIVE RELIEF RESOLUTION Page l Of 2
RE# 00545040.000000
04300668
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Administrative relief is granted to Harold & Sherry Fried, for Lot 20, Block 9, Bahia Mar
Estates Subdivision, Key Largo in the form of a purchase offer by the Monroe County
Land Authority.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the ____ day of May, 2008,
Mayor Charles "Sonny" McCoy
Mayor Pro Tem, Mario Di Gennaro
Commissioner Dixie Spehar
Commissioner George Neugent
Commissioner Sylvia J. Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Im
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
Mayor Charles "Sonny" McCoy
MONROE EOUNTY ATTORNEY
PPROVED AS TO FORM:
SUSAN M. GRIMikY
A8318T T OUNTY ATTORNEY
ADMFNISTRATIVE RELIEF RESOLUTION Page 2 of 2
RE# 00545040.000000
04300668
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f� �i Ailey
MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional and fair
To: Monroe County Board of County Commissioners
From: Tiffany Stankiewicz, Sr. Planning Technician A
Ralph Gouldy, Sr. Administrator Environmental Resources A4
Through: Townsley Schwab, Acting Director of Planning & Environmental Resources]
Date: April 28, 2008
Subject: Request for Administrative Relief for Fried
Lot 20, Block 9, Bahia Mar Estates, Key Largo,
Real Estate No. 00545040.000000
I. BACKGROUND
The applicant is eligible for Administrative Relief, has complied with all requirements of the
dwelling unit allocation system, has been considered in the first sixteen consecutive quarterly
allocations and has not received an allocation award.
Date Entered ROGO: 4/8/2004
Date Entered Administrative Relief: 4/9/2007
Tier Score: 24
Tier 3-A: 20
Perseverance: 4
II. CURRENT CONDITIONS
Location: Lot 20, Block 9, Bahia Mar Estates, Key Largo, Real Estate No. 00545040.000000
Owner: Harold & Sherry Fried
Land Use District: Improved Subdivision (IS)
Tier: 3-A
2007 Taxable Value: $36,750
Page 1 of 2
04300668
Applicant/Agent: NA
FLUM: Residential Medium (RM)
Purchase Price in 2003: $2,800
Reviewed by
1 III. LEGAL ELIGIBILITY AND OPTIONS
2
3 Eligibility for Administrative Relief Options:
4 Section 9.5-122.3 of the Monroe County Land Development Regulations and Policy 101.6.1 of
5 the 2010 Comprehensive Plan provides a mechanism whereby an applicant who has not received
6 an allocation award in the ROGO system may apply to the Board of County Commissioners for
7 Administrative Relief. The applicant is eligible for Administrative Relief having complied with
8 all requirements of the dwelling unit allocation system and having been considered in at least in
9 the first sixteen consecutive quarterly allocation periods, and not having received an allocation
10 award. The applicant has timely requested administrative relief in the form of one (1) ROGO
11 allocation award and has not expressed a desire to sell the property to the County.
12
13 Relief Options under Administrative Relief:
14 The remedies available for Administrative Relief pursuant to Section 9.5-122.3 includes:
15
16 a. Offer to purchase the property at its fair market value as its preferred action if the
17 property is located within: a) a designated Tier I area; b) a designated Tier II area
18 (Big Pine Key and No Name Key); c) a designated Tier III -A area (Special
19 Protection Area); or d) a designated Tier III area on a non -waterfront lot suitable
20 for affordable housing.
21 b. Grant the applicant an allocation award for all or a number of dwelling units
22 requested in the next succeeding quarterly allocation period or extended pro rata
23 over several succeeding quarterly allocation periods as the preferred action for
24 buildable properties not meeting any of the criteria in (1) above.
25 c. Suggest or provide such other relief as may be necessary and appropriate.
26
27 Additonal Relevant Information:
28 The parcel consists of a moderate quality hammock per the habitat analysis (HEI) submitted with
29 the building permit application. The U.S. Fish & Wildlife Service (FWS) coordination letter
30 states that development in this relatively undisturbed hammock will likely result in "take" of two
31 federally listed species as well as impact two state listed species. As a result, the FWS will
32 require an individual incidental take permit before development can proceed. Additionally, the
33 parcel is within the acquisition boundary of the Florida Forever land conservation program.
34
35 In the event purchase is recommended and the owner refuses the purchase offer, the
36 applicant may remain in the ROGO System and continue earning perseverance points
37 according to the vesting provision of Tier Ordinance 009-2007.
38
39 IV. RECOMMENDATION
40
41 It is recommended that the Board of County Commissioners find that the applicant has met the
42 criteria and qualifies for Administrative Relief. It is further recommended that a Resolution be
43 prepared that establishes this relief by offering purchase by the land authority.
Page 2 of 2 Reviewed by
04300668
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FOR DEPARTMENT ONLY
Date offiling with the Planning
APPLICATION FOR Director
ADMINISTRATIVE RELIEF
Administrative
'' Relief fee: $760.00
Owner's Name: t2 l 17 I l A 1Z0 1�17 S N C2P1'
Owner's mailing address:__ o t )UX t 55a, I AJa=2tst �� FL 3_7 J
Phone: �t�� -[aj�2 - i ,3'j Fax: S�Q
Agent's Name: ®Wj�j E-2-
Agent's mailing address: --:;,/-is.
Phone: "n, Fax: 5 /A
(Please attach a statement authorizing representation of this application by someone other than yourself.
The statement should read: 1, (owner's name) authorize (individual you are authorizing to represent you)
to represent my property for this application for Administrative Relief'
RE#_ _ OC) 4:tT U y0 - OC)Z) (t3C)
Legal description (attach metees�
s and bounds description if necessary):_ �
1loCtG !
Permit #: Q H —
Date of most recent ROGO application: /-s. t� inn1 :, oo LA
What kind of administrative relief are you seeking? 1 '.y 1 L 7 I
? a lZ 1 V N ( T 7Q 2 ) 1=- �
Additional
NOTARY: -1� `
STATE OF FL DA
COUNTY OF Applicant's ? re
1
The foregoing signature w s acknowledged before me thi4k day of
By�' dL( A T who is personally known to me or produced
as identification. I
y o ission pift
Signature of Notary public, State of Floridan Do soft
w:GiKOWIH MANAGEMEHt\TempWPlaoa P.,2..1
foy Application.—needwe Fua 1j__nir „
3.1
APPLICATION FOR ADMINISTRATIVE RELIEF
MCCSection 9.5-12Z2(J)
Requirements for Administrative Relief
(1) If an applicant for an allocation award:
a. Who has complied with all requirement of the Permit Allocation System; and
b. Whose allocation application has not been withdrawn; and
C. Whose proposed development otherwise meets all applicable county, state, and federal
regulations; and
d. Whose application has been denied an allocation award for four successive years in the
Permit Allocation System and fails to receive an allocation award, said applicant may
apply to the board for administrative relief pursuant to the terms and conditions set
forth herein.
(2) An application for administrative relief shall be made on a form prescribed by the Director of
Planning and may be filed with the Director of Planning no earlier than the conclusion of the
third annual allocation period and no later than ninety (90) days following the close of the
fourth annual allocation period.
(3) Upon filing of an application for administrative relief, the Director of Planning shall forward to
the board all relevant files and records relating to the subject applications. Failure to file an
application shall constitute a waiver of any rights under this section to assert that the subject
property has been taken by the county without payment of just compensation as a result of the
dwelling unit allocation system.
(4) Upon receipt of an application for administrative relief, the board shall notice and hold a public
hearing at which the applicant will be given an opportunity to be heard.
(5) The board may review the relevant applications and applicable evaluation ranking, taking testimony
from county staff and others as may be necessary and hear testimony and review documentary
evidence submitted by the applicant.
(6) At the conclusion of the public hearing, the board may take the following actions:
a. Offer to purchase the property at fair market value. "Fair market value" shall be an
amount which is no less than ad valorem valuation in the Monroe County Real Property
Tax roll for the year 1992.
b. Permit the minimum reasonable economic use of the property. "Minimum reasonable
economic use" means; as applied to any residentially zoned lot of record, which was
buildable immediately prior to the effective date of the Plan, no less than a single-
family residence.
C. Suggest such other relief as may be necessary and appropriate.
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C1
SUBDIVISION .......
CITY .............
KEY LARGO
IMPACT AREA ......
OWNER ............:
FRIED HAL & SHERRY
ADDRESS ..........:
PO BOX 9357
CITY/STATE/ZIP ...:
TAVERNIER, FL
33070
RECEIVED FROM ....:
HAROLD FREID
CONTRACTOR .......:
LIC # *OWNER*
COMPANY ..........:
FRIED HAL & SHERRY
ADDRESS ..........:
PO BOX 9357
CITY/STATE/ZIP ...:
TAVERNIER, FL
33070
TELEPHONE ........:
FEE ID
----
UNIT --- QUANTITY
------ ----------
AMOUNT PD-TO-DT
THIS REC
NEW BAL
P- 3A SEWE
P- 313 SITE
PER CONNECTIO 1.00
DOLLARS
--------------------
50.00
0.00
----------
0.00
____
50.00
P- 6 APIPE
1,000.00
CONNECTIONS 1.00
50.00
0.00
0.00
50.00
P- 6 DPIPE
DOLLARS 4.00
20.00
48.00
0.00
0.00
0.00
20.00
R- 0 EDUC
FLAT RATE 1.00
2.00
0.00
0.00
0.00
48.00
2.00
R- 9A ROOF
RADON/NEW
SQUARE FEET 791.00
SQUARE FOOTAG
50.00
0.00
0.00
50.00
RECOV/NEW
1,176.00
SQUARE FOOTAG 1,176.00
5.88
5.88
0.00
0.00
5.88
ROGO
FLAT RATE 1.00
200.00
0.00
200.00
0.00
0.00
5.88
ZONING-032
FLAT RATE 1.00
760.00
0.00
760.00
0.00
0.00
TOTAL PERMIT
----------------
1191.76
200.00
----------
760.00
231.76
M7THOD OF PAYMENT AMOUNT
---------
NUMBER
C:HECK
760.00
-------------=----
1584 - TIB
TOTAL RECEIPT
760.00
REFERENCE TYPE FEE ID THIS REC
04300668
P
B- A PLAN
0.00
04300668
P
B- 0 EDUC
0.00
04300668
P
B- 2B APPL
0.00
j4300668
P
B- 3 BLDG
0.00
04300668
P
B- 7 FLATW
0.00
04300668
P
B- BIO EDU
0.00
04300668
P
B-11A LIST
0.00
04300668
P
B-21A FILL
0.00
04300668
P
B-21B FILL
0.00
04300668
P
B-22B L/C
0.00
04300668
P
B-22C L/C
0.00
04300668
P
E- 0 EDUC
0.00
04300668
P
E- 3A OUT
0.00
04300668
P
E- 33 OUT
0.00
04300668
P
E- 3C OUT
0.00
04300668
P
E- 4A SERV
0.00
04300668
P
E- 4B SERV
0.00
04300668
P
E- 4K SUB
0.00
04300668
P
E- 9B A/C
0.00
04300668
P
E- 9F A/C
0.00
04300668
P
E-13 ALRMR
0.00
04300668
P
E-13 LOW R
0.00
04300668
P
LDR 1-SFR
0.00
04300668
P
M- 0 EDUC
0.00
04300668
P
M- 2 2A/C
0.00
04300668
P
M- 3 DUCTW
0.00
04300668
P
P- 0 EDUC
0.00
04300668
P
P- 2 FIXTU
0.00
04300668
P
P- 3A SEWE
0.00
04300668
P
P- 3B SITE
0.00
4300668
P
P- 6 APIPE
0.00
J4300668
P
P- 6 DPIPE
0.00
04300668
P
R- 0 EDUC
0.00
04300668
P
R- 9A ROOF
0.00
04300668
P
RADON/NEW
0.00
04300668
P
RECOV/NEW
0.00
04300668
P
ROGO
0.00
04300668
P
ZONING-032
760.00
TOTAL"FOR 04300668
760.00
TOTAL PERMIT
FEES
760.00
DATE............
04/09/07
TIME............
08:56
RECEIPT NUMBER..
97963
OPERATOR ID.....
baumanb
CHECK...........
760.00
TOTAL...........
760.00
MONROE COUNTY ***LIVE***
am 1 of 1 PERMIT RECEIPT OPERATOR: baumanb
COPY # : 1
Sec:22 Twp:61 Rng:39 Sub: Blk: Lot:
RE: ........: 00545040000000
DATE ISSUED.......: 04/09/2007
RECEIPT #.........: 97963
REFERENCE ID # 04300668
SITE ADDRESS BK9 LT20 BAHIA MAR ESTATE
SUBDIVISION ......
CITY KEY LARGO
IMPACT AREA ......:
OWNER FRIED HAL & SHERRY
ADDRESS PO BOX 9357
CITY/STATE/ZIP ...: TAVERNIER, FL 33070
RECEIVED FROM ....
CONTRACTOR .......:
COMPANY ..........:
ADDRESS ..........:
CITY/STATE/ZIP ...
TELEPHONE ........:
HAROLD FREID
LIC # *OWNER*
FRIED HAL & SHERRY
PO BOX 9357
TAVERNIER, FL 33070
FEE - ------
ID UNIT-- --
------
QUANTITY
----------
AMOUNT
PD-TO-DT
THIS REC
NEW BAL
- A PLAN FLAT RATE
B- 0 EDUC FLAT RATE
1.00
------- ---
100.00
----------
0.00
----------
0.00
_
100.00
B- 2B APPL FLAT RATE
1.00
1.00
2.00
750.00
0.00
0.00
2.00
B- 3 BLDG SQ FT
1,176.00
300.00
750.00
0.00
0.00
0.00
B- 7 FLATW SQUARE FOOTAG
76.00
25.00
0.00
0.00
300.00
B- BIO EDU FLAT RATE
2.00
4.00
0.00
0.00
25.00
B-11A CIST EACH
1.00
100.00
0.00
0.00
4.00
B-21A FILL CUBIC YARDS
97.00
15.00
0.00
0.00
104.00
00.00
B-21B FILL FLAT RATE
1.00
80.00
80.00
0.00
B-22B L/C FLAT RATE
2-22C L/C UNITS
1.00
35.00
0.00
0.00
0.00
0.00
35.00
E- 0 EDUC FLAT RATE
1.00
1.00
35.00
2.00
0.00
0.00
35.00
E- 3A OUT SQUARE FEET
1,176.00
120.00
0.00
0.00
0.00
2.00
E- 3B OUT EACH OUTLET
13.00
130.00
0.00
0.00
120.00
E- 3C OUT EACH FIXTURE
1.00
10.00
0.00
0.00
130.00
E- 4A SERV TEMP SERVICES
1.00
50.00
0.00
0.00
10.00
E- 4B SERV SERVICES
1.00
50.00
0.00
0.00
50.00
E- 4K SUB SERVICES
1.00
50.00
0.00
0.00
50.00
E- 9B A/C SYSTEMS
1.00
50.00
0.00
0.00
50.00
E- 9F A/C UNITS
1.00
50.00
0.00
0.00
50.00
E-13 ALRMR SYSTEMS
E-13 LOW R SYSTEMS
1.00
50.00
0.00
0.00
0.00
50.00
50.00
Li)R 1-SFR FLAT RATE
1.00
1.00
50.00
0.00
0.00
50.00
0 EDUC FLAT RATE
1.00
75.00
2.00
0.00
72.00
Ni- 2 2A/C SYSTEM
1.00
65.00
0.00
0.00
0.00
M- 3 DUCTW DROPS
14.00
140.00
0.00
0.00
65.00
P- 0 EDUC FLAT RATE
1.00
2.0p
0.00
0.00
142.00
P- 2 FIXTU UNITS
12.00
180.00
0.00
0.00
2 .00
0.00
180.00
Item 1 of 1
MONROE COUNTY ***LIVE***
PERMIT RECEIPT OPERATOR: baumanb
COPY # : 1
Sec:22 Twp:61 Rng:39 Sub: Blk: Lot:
RE: 00545040000000
DATE ISSUED.......: 04/09/2007
RECEIPT #.........: 97963
REFERENCE ID # ...: 04300668
SITE ADDRESS .....: BK9 LT20 BAHIA MAR ESTATE
QUERY I NEXT PREVIDW FIM I LAST 1 2 1 3 1 4 1 5 ZLIQIIA
pi spl ey the next matching permit
���� Noun"
PERMIT NO FO-4300 66a JTATUS I __ J OPEN APPLY HATE 102 11.712 004 OPER kel1ehed U"fsomms
MASTER NO j J NOTES f 0 PERMIT ISSUED �� OPER
PROJECT j J CERT ISSUED r� OPER
CERT NUMBER TYPE C/o
RE: l005450400000D0 J - F` J UPDATE ADDRESS
PARC ADDR 8K9 LT20 BAHIA MAR ESTATE C/S/ KEY LARGO fFL 133037
OWNERI FRIED HAL & SHERRY OWNER2
O ADDR PO BOX 9357 C/S/Z TAVERNIER FL 133070 --
PERMIT TYPE 07 J US.C-404 TYPE 101 .J OWNER PH 3058S21635
USAGE CLASS RE5 J PERMIT FORM PERMIT j M. MARKER 110,2
APPLIED VALUATION 126000 LAND USE JIS
CALC VALUATIONJ 11761 0 FL❑ ZONE JAE8
OWNERSHIP [1 PRIVATE NOTES CY/N/D) OLD APPL.
SPECIAL CONDITIONS/NOTES DCA DATE
� PRIVATE PRI�
SINGLE Fm4rLY RESIDENCE f HURRICANE
NOTICE OF CO MENCEFIENT itEgUIRED
Property Information for 1668559
Pagel of 2
MONROE COUNTY PROPERTY APPRAISER
PROPERTY INFORMATION FOR:
Alternate Key: 1668559
RE Number: 00545040-000000
i A vNci ty a.Icaaim
OWNER OF RECORD
FRIED HAROLD & SHERRY
PO BOX 9357
TAVERNIER FL 33070
PHYSICAL LOCATION
KEY LARGO
LEGAL DESCRIMON
BK 9 LT 20 BAHIA MAR EST PB4-79 KEY LARGO
OR607-8 OR1937-1257/63AFF OR1937-1264 OR] 943-
2047/51 WILL(CTT)
SUBDIVISION:
BAHIA MAR ESTATES
SECTION,_ TOWNSHIP, RANGE
22-61 -39
AFFORDABLE HOUSING No
MILLAGE GROUP
500K
PC CODE
VACANT RESIDENTIAL
PROPERTY MAP
Lanu Lelalls
LAND USE CODE FRONTAGE DEPTH LAND AREA
RESIDENTIAL DRY 50 105 5250 SF
rarcel value History
TAX ROLL YEAR
BUILDING
MISCELLANEOUS
LAND
JUST
EXEMPTIONS (NOT
TAXABLE
IMPROVEMENTS
INCLLIDING SENIORS
2007
0
0
36,750
36,750
0
36,750
2006
0
0
7,875
7,875
0
7,875
2005
0
0
7,875
7,875
0
7,875
2004
0
0
7,875
7,875
0
7,875
2003
0
0
5,846
5,846
0
5,846
2002
0
0
5,846
5,846
0
5,846
2001
0
0
5,846
5,846
0
5,846
2000
0
0
5,846
5,846
0
5,846
19"
0
0
5,846
5,846
0
5,846
1998
0
0
5,846
5,846
0
5,846
1997
0
0
5,846
5,846
0
5,846
1996
0
0
5,846
5,846
0
5,846
1995
0
0
5,846
5,846
0
5,846
1994
0
0
6,694
6,694
0
6,694
1993
0
0
5,801
5,801
0
5,801
1992
0
0
5,801
5,801
0
5,801
hq://www.mcpafl.org/datacenter/search/record.asp 4/21 /2008
Property Information for 1668559 Page 2 of 2
1991
1990
0
0
6,694
6,694
0
6,694
1989
0
0
6,694
6,694
0
6,694
1988
0
0
6,694
6,694
0
6,694
1987
0
0
5,578
5,578
0
5,578
1986
0
0
5,578
5,578
0
5,578
1985
0
0
5,355
5,355
0
5,355
1984
0
0
5,355
5,355
0
5,355
1983
0
0
3,710
3,710
0
3,710
1982
0
0
3,710
3,710
0
3,710
i -- IJ.- 11W.Vxy --
NOTE - OUR -RECORDS ARE TYPICALLY TWO TO THREE MONTHS BEHIND FROM THE DATE OF SALE. IF A RECENT SALE DOE$
NOT SHOW UP PLEASE GIVE OUR OFFICE TIME TO PROCESS IT.
SALE DATE QFFICfAL RECORDS PRICE INSTRUMENT
BOOK/PAGE
09/2003 1937/1264 2,800 WD
02/1975 607/8 3,500 00
http://www.mcpafl.org/datacenter/search/record.asp 4/21 /2008
Page 1 of 3
KAREN SUNDERLAND STROBEL
ENVIRONMENTAL CONSULTANT
165 CORAL ROAD
ISLAMORADA, FLORIDA 33036-3118
PHONE: 305-852-2184
FAX: 305-852-4222
January 10, 2004
TRANSPLANTATION/REVEGETATION PLAN
Lot 20, Block 9, Bahia Mar Estates,
Valencia Road, Key Largo
Hal Fried
Using a site plan and the proposed clearing area delineated by flogging, the following list of
plants was determined to be impacted by the proposed construction.
The following plant list identif ies plants that are 'listed' and/or with a diameter breast height
of, 4" or greater within the proposed clearing area.
The first column indicates the number of native plants found in the proposed clearing area,
the second column their common names, the third column their listed status, and the fourth
column any additional comments.
NUMBER
OF
PLANTS
ON SITE
COMMON NAME
STATUS
COMMENTS
3
Darling Plum
Regionally Im ortant
3
Green Buttonwood
2
Gumbo Limbo
1
Inkwood
..Regionally Im ortant
Few scattered seedlings
2
Jamaica Do wood
3
_Mahogany_ffighogany
Endan ered
1
Poisonwood
1
Wild Tamarind
Page 2 of 3
Hal Fried
Transplantation/Revegetation Plan
Lot 20, Block 9, Bahia Mar Estates
Valencia Road, Key Largo
When the probability that a plant will survive transplantation is I
County Biologist, then the applicant shall remove that plant and rew as determined by the
of equal or more rare species. place it with nursery stock
Any plants removed shall be replaced with nursery stock at the ratio
each 1 plant removed. Replacement nursery stock plants shall be 6' i of 2 replacements for
County Biologist determines that plants of specific sizes are need in height, unless the
at the proposed transplantation site. Sizes ands species needed to ensure their survival
approval prior to purchase. Most species should be avail ble from nurseceive eries
Biologist's
Dade counties. eries in Monroe and
PLANTING AND MAINTAINING AREAS
With the use of healthy nursery stock, adequate
following the wcaterin schedule, q auger holes, proper
f g hedule, survival rates should be close to 100%opsoil, mulching and
Each hole should be<anto
gered 6" deeper and 12" diameter
Placement of the I greater in
Plant m the angered hole, 6" o than the root ball. Prior e
topsoil f topsoil should be placed in the bottom of the
hole. After the plant is placed in the angered hole, to
p I should fill the entire hole.
The top of the rootball should be level with the surrounding grade. One application of 6" of
mulch should be placed around the base of the Planted tre
naturally. Mulch will be p es and will be allowed to break down
et 1, away from the trunk and all stems to prevent rot. T
guyed and staked for a minimum of 6 months. All v rees 6' or
greater in height should b
vegetation must
have well -established roots.
Water three times per week during the first two months;
as needed after the third ,two times week) the third recommended. Anything that does not survive lnsure val y month;
Watering in the earl
same or similar native species and size. Year after planting will berreplaced with is
the
All transplanted areas shall remain free of exotic vegetation.
9 on.
All transplanted or replaced plants shall have a durable
9
their identification for subsequent inspections. 'easily identifiable to to facilitate
MEMORANDUM
ae3of3
xl Fried
°ansplantation/ Revegetation Plan
pt 20, Block 9, Bahia Mar Estates
`alencia Road, Key Largo
A transplantation inspection will be scheduled on the 1-year anniversary of the date of the
certificate of occupancy. If less than 80 percent of all transplanted or replaced plants are
surviving on that date, the County Biologist shall allow the applicant 30 calendar days to
replace any dead or dying plants. If less than 80 percent of all transplanted or replaced
plants are surviving on that second date, the certif icate of occupancy for the parcel may be
revoked or Code Enforcement proceedings may be initiated against the applicant.
All transplantation shall be on the development site unless there is no suitable planting area
available, as determined by the County Biologist. If the site is unsuitable to accommodate any
or all of the required transplantation or replacement plants, then payment shall be made into
the County Restorations Fund for any required plants not planted on site.
In lieu of transplantation or on -site replacement as determined by the County Biologist, the
applicant shall pay into the County Restoration Fund an amount equal to three hundred fifteen
percent-(315%) of the cost of nursery stock to replace the required transplantation plan at
the ratio bf three (3) replacement plants -for each one (1) plant removed.
The cost of replacement plants shall be determined by averaging their prices on signed and
sealed price lists submitted to the County Biologist by three private nurseries on behalf of
the applicant. All quotes must be for nursery stock of Threatened, Endangered, or Regionally
Important status and must be at least three feet (T) tall from the top of'the soil.
NOTES .
The large trees, particularly the Wild Tamarind, should be offered to a local wood miller for
recycling.
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United States Department of the Interior
FISH AND WILDLIFE SERVICE
South Florida Ecological Services Office
1339 20`" Street
Vero Beach, Florida 32960
Sherry and Hal Fried
Post Office Box 9357
Tavernier, Florida 33070
Service Log. Number: 4-1-04-TA-5242 (FEMA)
Applicant: Sherry and Hal Fried
Date: December 11, 2003
County: Monroe
Dear Mr. and Mrs. Fried:
Thank you for your request for technical assistance with the Fish and Wildlife Service (Service)
on your project which involves construction of a single-family residence. The proposed project
is located at 1027 Valencia Road, Lot 20, Block 9, Bahia Mar Estates Subdivision, Key Largo,
Monroe County, Florida. The Real Estate lot number is 00545040-000000.
Site Description
Lot 20 is bounded by Valencia Road to the east, a developed lot with a residence to the north,
and by vacant lots to the south and west. Based on the information in the vegetation survey, this
lot has been classified as moderate quality hardwood hammock. One native tree species present
on your lot, mahogany (Swietenia mahagoni), is declared endangered by the State of Florida.
Native species on the lot include: blolly (Guapira discolor), gumbo limbo (Bursera simaruba),
poisonwood (Metopium toxiferum), pigeon plum (Coccoloba diversifolia), sea grape (Coccoloba
uvifera), wild coffee (Psychotria nervosa), vvild lime (Zantoxylum fagara), wild tamarind
(Lysiloma latisiliquum), and yellowroot (Morinda royoc).
The proposed construction of your single-family residence will occur on a relatively undisturbed
tropical hardwood hammock. A minimum of 1,902 square -feet of hardwood hammock will be
cleared during construction. According to the vegetation survey, approximately 10 feet of
vegetation has already been cleared along the northern property line. Other disturbances include
a driveway for vehicle parking, a treehouse in a large wild tamarind, a swingset near the
tamarind, and yard trash dumping.
Effect Anal
The Service believes that both federally and State -listed threatened and endangered species may
be impacted as a result of this project.
`LAKE PRIDE*
t' .AMERICA
Sherry and Hal Fried
January 7, 2004
Page 2
The presence and density of tropical hardwood hammock species onsite, the presence of a large
tract of undeveloped hammock adjacent to the site identified as Schaus swallowtail butterfly
(Heraclides aristodemus ponceanus) habitat, and the presence of wild coffee, wild lime, sea
grape, and yellowroot onsite, suggests that the project site may provide foraging habitat for the
Schaus swallowtail butterfly. The Schaus swallowtail butterfly is a federally listed endangered
species.
The site is also considered by the Service to have suitable habitat for the threatened Stock Island
tree snail (Orthalicus reses reses). Stock Island tree snails feed on wild tamarind, willow bustic
(Bumelia salicifolia), p9isonwood, Jamaican dogwood (Piscidia piscipula), gumbo limbo,
pigeon plum, ironwood (Krugiodendron ferreum), mastic (Sideroxylon foetidissimum), wild
lime, and strongbark (Bourreria sp). Several of these species were found on the site and are
present in a density that creates a microclimate (shade, humidity, temperature) favorable for tree
snails. The relatively undisturbed hammock floor would also have the attributes necessary for
snail reproduction.
Determination
Based upon current biological information and our preliminary review of the proposed project, it
appears that construction on this property may result in "take" of Schaus swallowtail butterflies
and Stock Island tree snails.
The Service is responsible for administering the Endangered Species Act of 1973, as amended
(ESA) (87 Stat. 884; 16 U.S.C. 1531 et seq.). Section 9 of the ESA prohibits unauthorized take
of listed species. Take means to harm, harass, pursue, hunt, shoot, wound, kill, trap, capture,
collect, or attempt to engage in such activity. Harm is further defined to include significant
habitat modification or degradation that results in death or injury to listed species by significantly
impairing behavioral patterns such as breeding, feeding, or sheltering. Harass is defined as
actions that create the likelihood of injury to listed species to such an extent as to significantly
disrupt normal behavior patterns. which include, but are not limited to, breeding, feeding, or
sheltering. Section 10 of the ESA provides an exception to the section 9 prohibitions through the
"incidental take permit" process. Incidental take is defined by the ESA as take that is incidental
to, and not the purpose of, the carrying out of an otherwise lawful activity. The incidental take
section 10 permit process requires completion of a permit application and a Habitat Conservation
Plan (HCP).
If you choose to seek an incidental take permit to authorize take of Schaus swallowtail
butterflies, Stock Island tree snails, and/or other federally protected species from the proposed
construction, you may apply for an individual incidental take permit.
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Sherry and Hal Fried
January 7, 2004
Page 3
Individual Incidental Take Permit Process
To streamline the section 10 process, the Service has established a special category of permits
termed the "low -effect HCP." This special permit involves projects with minor or negligible
effects to federally listed species and their habitats covered under the HCP and minor or
negligible effects on other environmental values or resources.
Low -effect HCPs have an expedited review process that typically takes 8 to 10 months to
complete. Based on our cursory review of your project and the anticipated impacts it will have
on the Schaus swallowtail butterfly, your project may qualify for a low -effect HCP.
Federal Species of Concern
Schaus swallowtail butterfly
The Schaus swallowtail is a large blackish -brown butterfly with contrasting markings that are
mostly dull yellow. Their antennae are black with a yellow knob that has a black tip. The
Schaus swallowtail butterfly is most easily confused with the giant swallowtail butterfly
(Heraclides cresphontes) which is widespread in eastern North America and also occurs in
habitat occupied by the Schaus swallowtail butterfly. The two butterflies are easily separated by
size and color: The giant swallowtail is larger than the Schaus swallowtail and is more nearly
coal -black with brighter yellow lines.
The present distribution of the Schaus swallowtail extends from southern Miami -Dade County
through the Keys in Biscayne Bay and north to southern Key Largo in the Upper Keys, to Lower
Matecumbe Key in the Middle Keys. Schaus swallowtail butterfly distribution is limited to
tropical hardwood hammocks and is concentrated in the insular portions of Miami -Dade and
Monroe Counties, from Elliott Key in Biscayne National Park and associated smaller Keys to
central Key Largo. Although a Schaus swallowtail butterfly was sighted on Lignumvitae Key, a
State park, in 1973, and on Upper Matecumbe Key in 1986, regular sightings of this species are
uncommon outside of Key Largo.
The Schaus swallowtail butterfly occurs exclusively in mature hardwood hammocks. Adults of
this species may fly in clearings and along roads and trails, or even out over the ocean for short
distances, but they typically remain in the hammocks proper. Feeding activity usually occurs on
blossoms of wild coffee and yellowroot, along the margins of these hammocks; they rarely feed
in areas open to direct sunlight. Yellowroot and wild coffee are found on the project site, as are
other flowering plants suitable for Schaus feeding. Hardwood hammocks providing suitable
habitat within the present range of the Schaus swallowtail butterfly are essential for the
continued survival of this species. Tropical hardwood hammock suitable for the Schaus
swallowtail butterfly has been reduced by an estimated 57 percent in Biscayne National Park and
83 percent for Key Largo. The decline has been attributed primarily to habitat destruction.
North Key Largo contains a large, relatively contiguous expanse of tropical hardwood hammock
Sherry and Hal Fried
January 7, 2004
Page 4
habitat, but habitat on Key Largo south of County Road 905 is highly fragmented and greatly
reduced from historic levels, placing greater importance on the preservation of tracts of
hardwood hammock habitat remaining on Key Largo.
Stock Island tree snail
The Stock Island tree snail completes its entire life history within a small range. Stock Island
tree snails are entirely arboreal except when they move to the forest floor for nesting or traveling.
Hammocks that contain well -developed soils or leaf litter are important for nesting activity and
dispersal. No data are available on minimum hammock size needed to support a viable
population of Stock Island tree snails. Suitable habitat would have to include an area large
enough to provide foraging and nesting requirements, as well as provide for the microclimate (air
temperature and humidity) needed by the Stock Island tree snail.
On site conservation of Stock Island tree snails and Florida tree snails (Liguus fasciatus) is
typically not compatible with residential development. Once the hammock soils are disturbed,
egg laying potential is reduced and juvenile survival rates diminish. In addition, smooth bark
canopy removal essentially eliminates foraging and aestivating opportunities for adult snails.
Furthermore, decreased humidity levels and increased temperatures as a result of canopy
removal inhibit general foraging, nesting, and resting opportunities. Secondary and tertiary
disturbances such as lawn development and maintenance, pesticides application, invasion by
exotic and predatory animal species such as fire ants, black rats, birds and raccoons, and general
human/land interactions decrease the likelihood of survival and recovery of tree snails on
developed hammock properties.
State -listed threatened and endangered species
Two State of Florida listed endangered species could occur on or near the property. These are
the white -crowned pigeon (Columba leucocephala) and the Florida tree snail. The. Florida tree
snail forages, nests, and rests on hammock trees, and has been observed onsite during vegetation
surveys. It is listed as a Species of Special Concern by the Florida Fish and Wildlife
Conservation Commission (FWC). Tree snails are protected from unauthorized take (e.g.,
mortality, disturbance, relocation), and permits from the FWC are required to conduct any
activity detrimental to tree snails.
The presence of native fruit producing trees in this tropical hardwood hammock offers foraging
opportunities for the white -crowned pigeon and other migratory birds. The white -crowned
pigeon utilizes Florida Keys hammocks to forage and rest during its nesting season which is
typically May through September. Declining hardwood forest habitat in the Florida Keys is a
major part of the scientific basis for listing the white -crowned pigeon as a threatened species.
If modifications are made to the project, or if additional information involving potential effects
on listed species becomes available, please coordinate with the Service.
wherry and Hal Fried
January 7, 2004
Page 5
Also note that our review of this project in no way implies compliance with other Federal, State,
county, or municipal regulations. It is the applicants' responsibility to ensure that the project
meets all applicable regulations.
Thank you for your assistance in protecting the environment of the Florida Keys. If you have
any questions, please contact Winston Hobgood at 772-562-3909, extension 306. You may also
choose to contact Sharon Tyson at extension 324 to discuss the HCP process with regard to your
project.
Sincerely yours,
raid =-- MIR
James J. Slack
Field Supervisor
South Florida Ecological Services Office
cc:
FWC, West Palm Beach, Florida (Ricardo Zambara)
Monroe County Growth Management, Marathon, Florida (Tim McGarry/Marlene Conway)
Florida Department of Community Affairs, Marathon, Florida (Clarence Feagin/Rebecca Jetton)
FEMA, Atlanta, Georgia (Mary Roundtree)