Item Q4
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Februarv 2 L 2007
Division:
Growth Management
Bulk Item: Yes
No~
Department: Planning and Env. Resources
StatT Contaet Person: Julianne Thomas & David da Silva
AGENDA ITEM WORDING: A public hearing to consider a request tor Administrative Relief for
Felix Perez of Lot 5, Block 10 ofTwln Lakes, Key Largo, Real Estate Number 00549370.000000.
ITEM BACKGROUND: A building permit was applied for on September 4, 2002 and a ROGO
application was applied for on January 13,2003. The applicant applied for administrative relief on June
22, 2006 and is within the allowable time trame to be eligible tor administrative relief under Section
9.5~122.2(t) of the Monroe County Code.
Staff recommends that subject property be purchased.
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 X- OMB/Purchasing N/A.
Risk Management _N/A~
DOCUMENT A TION:
Included X
Not Required __~
J)ISPOSITION:
AGENDA ITEM #
RESOLUTION NO. -2007
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST FOR
ADMINISTRATIVE RELIEF MADE BY FELIX PEREZ ON
PROPERTY DESCRIBED AS LOT 5, BLOCK 10 OF TWIN LAKES,
KEY LARGO, RE #00538240.000000 IN THE FORM OF
PURCHASE OF THE PROPERTY BY THE MONROE COUNTY
LAND AUTHORITY.
WHEREAS, Mr. Felix Perez submitted an application for administrative relief under
See. 9.5-122(f) 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. Mr. Perez's application for administrative relief is for Lot 5, Block 10 of Twin
Lakes, Key Largo in Monroe County, Florida having RE#00538240.000000.
2. The date of the ROGO application is January 13, 2003.
3. 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. The Board of County Commissioners (BOCC) has the authority to grant
administrative relief under Section 9.5-122(f)(6) 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.
5. MCC Section 9.5-122.2(f) 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.
6. The applicant applied for administrative relief on June 22, 2006, under Section
9.5-122.2(f) of the Monroe County Code (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 arc appropriate for acquisition and the criteria
includes the environmental sensitivity of the vegetative habitat on the lot.
8. The subject property has the land use district designation of Improved
Subdivision (IS), is located in the Twin Lakes Subdivision and is
environmentaIlv sensitive.
9. Board of County Commissioners Resolution #223-2004 directs staff to identify
small parcels with indigenous hammock or pinelands that are ineligible for
purchase by the State with Florida Forever funds, limit the issuance of permits
for clearing on said parcels, and recommends said parcels for purchase by the
Monroe County Land Authority.
10. The subject property is in an area of indigenous hammock or pinelands and is
designated as Tier 3A Special Protection Area in the proposed Tier system.
ADMINlSTRATIVE RELlEr RFY1LLTIONbPEREZ, RE#00549370.000000
l'age 1 of 2
11. The property does qualify under criteria established by Resolution #223-2004
for purchase by the Monroe County Land Authority of small parcels with
indigenous hammock and pinelands.
12. The Applicant has been in the ROGO system for three of the last four annual
allocation periods and therefore qualifies for administrative relief.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA:
1. Applicant Felix Perez has met the requirements to receive administrative
relief for Lot 5, Block 10 of Twin Lakes, Key Largo.
2. In accordance with Policy 101.6.5, ]01.6.6 and BOCC Resolution 223-2004, the
appropriate form of administrative relief for this application is an offer to
purchase. The issuance of a ROGO allocation would be inconsistent with the
Monroe county year 2010 Comprehensive Plan and BOCC Resolution 223-
2004.
3. The Monroe County Land Authority is requested to have the subject property
appraised and subsequently make an offer to purchase.
4. In the event Applicant declines the above referenced offer, Applicant will
retain the right to remain in the ROGO system and continue competing for an
allocation.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 21st day of February, 2007.
Mayor Mario Di Gennaro
Mayor Pro Tem, Dixie Spehar
Commissioner George Neugent
Commissioner Charles "Sonny" McCoy
Commissioner Sylvia J. Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY __.._
Mayor Mario Di Gennaro
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
AD\llNfS1K\TIVE RUJEF RISOI.LTION
PEFEL, RE#00549370.OOOOoo
Page 2 of 2
County ofMonro;e
Planning Department
2798 Overseas Highway Suite 410
Marathon, Florida 33050
Voice: (305) 289.2500
FAX: (305) 289-2536
Board of County Commissioners
Mayor Mario Di Gennaro, Dist. 4
Mayor Pro Tem, Dixie Spehar, Dist. 1
Comm. George Neugent, Dist. 2
Comm Charles"Sonny"McCoy, Dist. 3
Comm. Sylvia J. Murphy, Dist. 5
We strive to be caring, professional and fair
To:
Board of County Commissioners
.;
From:
Julianne Thomasl Planner
Da"vid da Sit-va" Biologist
Date:
February 21, 2007
Subject:
Felix Perez, Administrative Relief Request
RE: 00549370.000000
L BACKGROUND
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.
Date Entered ROGO: January 13, 2003
Date Entered Administrative Relief: June 22, 2006
ROGO Score: 19
Planning: 14
· (+10)infill
· (+4) perseverance
Building: 7
· (+1) Flood Zone X
· (+4) Water/Energy Conservation,
· (+3) Structural Integrity
Enviromnental: -2
· (-2) Group 2 High Elevation, Low Quality
II. CURRENT CONDITIONS
Location: Lot 5, Block 10 of Twin Lakes, Key Largo
Owner: Felix Perez
ADlvllNlSrRATIVE RELlEF STi\lT REPORT
PEREZ, RE #00549370.000000
Page 1 of 2
County of Monroe
Applicant! Agent: Ms. Gay Marie Smith
Land Use District: Improved Subdivision (IS)
Proposed Tier: IIIa
FLUM: Residential Medium (RM)
2006 Taxable Value: $60,424.00
Purchase Price in 2006: $175,000.00
III. LEGAL ELIGIBILITY AND OPTIONS
Eligibility for Administrative Relief Options:
Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 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 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 (4) 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 9.5-
122.2(f) (6) include issuance of 1 (one) ROGO allocation awarded, just compensation by
purchase of the property, or such other relief as may be necessary or appropriate.
The subject property does contain sensitive environmental features and/or significant habitat
for endangered or threatened species. It therefore does 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.
Resolution 223-2004 recommends that small parcels containing tropical hardwood hammock that are not
included in the Florida Forever Acquisition Area be referred to the Land Authority for purchase
The applicant has requested administrative relief in the form of a granting of 1 (one) ROGO
allocation and has not expressed a desire to sell the property to the County as provided for
undl.:~r Policy 101.6.1 of the Year 2010 Comprehensive Plan.
IV. RECOMMENDA nONS
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 be
prepared for purchase of the subject property by Monroe County Land Authority.
AmvllNISIRATlVE RFL.lEF STAFF Rr.PORT
PEREZ, RE #00549370.000000
Page 2 of 2
Habitat Evaluation: Bk 10, Lt 5, Twin Lakes, Key Largo
Agent: G.M. Smith, Owner: F. Perez, RE #00549370.000000
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This map is for use by the Monroe County
Growth Management Division only. The data
con tained herein is not a legal rep esenta lion
of boundaries, parcels, roads right of ways or
other geograp hical da ta.
Pre p are d by: J uli anne Th ornas
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