Item S1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 17, 2004
Division:
Growth Management
Bulk Item: Yes
No X
Department: Planning and Environmental Resources
AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief from
David Thompson for Block 3, Lot 4 of Ocean a, RE# 00085440.000200.
ITEM BACKGROUND:A building permit and RaGa allocation were applied for on April 13, 2000
(Year 8, Quarter 3). The applicant applied for administrative relief on May 4,2004 (Year 12, Quarter
4) and is within the allowable time frame to be eligible for administrative relief under Section 9.5-
122.2(f) of the Monroe County Land Development Regulations.
Staff recommends that administrative relief be granted in the form of an offer to purchase the lot for
fair market value.
PREVIOUS RELEVANT BOCC ACTION: The item was heard at the August 18,2004 Board of
County Commissioners meeting at which time the BOCC asked that it be tabled to the next meeting to
be held in Key Largo on November 17, 2004. Board of County Commission Resolution 223-2004 was
adopted on June 16, 2004 directing staff to identify small parcels with indigenous hammocks for
purchase. The BOCC adopted the boundaries of the Conservation and Natural Areas on June 16,2004.
CONTRACT/AGREEMENT CHANGES: N/A
ST AFF RECOMMENDATIONS: Approval
TOTAL COST:
COST TO COUNTY:
BUDGETED: Yes
SOURCE OF FUNDS:
No
Land Authority
REVENUE PRODUCING: Yes
No X AMOUNT PER MONTH N/A
Year
Included X
Risk Management N/ A
APPROVED BY: County Arty ~ OMB/Purchasing N/ A
DIVISION DIRECTOR APPROVAL:
DOCUMENT A TION:
Not Required
DISPOSITION:
Revised 2/27/01
AGENDA ITEM # \S - L
~~
RESOLUTION NO.
- 2004
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE
ADMINISTRATIVE RELIEF FOR DAVID THOMPSON ON
THE LOT DESCRIBED AS BLOCK 3, LOT 4, UNRECORDED
PLAT OCEANA, KEY LARGO, REAL ESTATE NUMBER
00085440.000200 IN THE FORM OF AN OFFER TO
PURCHASE THE LOT FOR FAIR MARKET VALUE.
WHEREAS, David Thompson has submitted an application for a building permit
allocation under the Residential Rate of Growth Ordinance (RaGa) in April of 2000; and
WHEREAS, the application has been in the RaGa system for at least three of the last
four consecutive annual allocation periods; and
WHEREAS, David Thompson 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) (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; and
WHEREAS, the lot contains hammock and the applicant received negative two
environmental points in RaGa; and
WHEREAS, Board of County Commissioners Resolution 223-2004 directs staff to
identify small parcels with indigenous hammock and pine lands for recommended purchase; and
WHEREAS, 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
WHEREAS, the subject property, located in Oceana is environmentally sensitive and is
within the boundaries of the Conservation and Natural Area;
WHEREAS, the Monroe County Board of County Commissioners makes the following
findings of facts and conclusions of law:
1) The Thompson property, Lot 4 RE# 00085440.000200, application for RaGa scored two
negative points because the lot is determined to contain low quality hammock according
to the Habitat Evaluation Index (HEI); and
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2) Policy 101.6.1 of the 2010 Comprehensive Plan and Section 9.5-122.2(t) of the 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 allocation
periods and therefore qualifies for administrative relief; and
4) Resolution 223-2004 directs staffto recommend purchase to the Monroe County Land
Authority of small parcels with indigenous hammock and pinelands; and
5) Objective 101.6 directs the County to expand the Monroe County Land Authority
acquisition program to provide for the purchase of land from property owners that have
not been awarded an allocation; and
6) Policy 101.6.5 and Policy 101.6.6 directs the County to prioritize acquisition based on the
environmental sensitivity of the land.
7) The lot is within the boundaries of the Conservation and Natural Areas as adopted by the
BOCC on June 16, 2004.
(The remainder of this page intentionally left blank)
Page 2 of3
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
1) Administrative Relief is granted to Mr. Thompson for Lot 4, RE # 00085440.000200, in
the form of an offer to purchase the property for just compensation.
2) The Land Authority is requested to contact the property owner to begin negotiations for
purchase of the property.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the day of 2004.
Mayor Murray Nelson
Mayor Pro Tern David P. Rice
Commissioner Dixie Spehar
Commissioner George Neugent
Commissioner Charles "Sonny" McCoy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Murray Nelson
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
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Monroe County
Growth Management Division
2798 Overseas Highway
Suite 410
~athon,TIorida 33050
Phone: (305) 289-2500
FAX: (305) 289-2536
Board of County Commissioners
Mayor Murray Nelson, District 5
Mayor Pro Tern David Rice, District 4
Dixie M. Spehar, District 1
George Neugent, District 2
Charles "Sonny" McCoy, District 3
To:
Board of County Commissioners
From:
K. Marlene Conaway, Director
Department of Planning and Environmental Resources
Date:
July 26, 2004
Subject:
David Thompson, Administrative Relief Request
Background on Subject Property:
The subject property is zoned Improved Subdivision (IS) Land Use District and is located at the
subdivision of Oceana, Block 3, Lot 4, Real Estate Number 00085440.000200. The applicant
entered the Residential Rate of Growth Ordinance system on April 13, 2000, after purchasing the
property in August 1999 with an appraised value of $14,000.
Permitting History:
A building permit and RaGa allocation were applied for on April 13, 2000. The application scored
fifteen (15 points): ten (10) points from Planning; seven (7) points from building; and negative two
(-2) for biology because the subject property was determined to be low quality hammock by the
Upper Keys Biologist.
Currently, with the addition of four (4) Perseverance Points the property scores seventeen (19)
points (as of Tuesday, July 13t\ 2004). Since 2000 (Year 8, 4th Quarter of RaGa), two (2) RaGa
allocation awards have been issued to lots in the Oceana subdivision. These include Permit
Numbers: 02-3-3248 and 02-3-4095
The applicant applied for administrative relief on May 4, 2004 and is within the allowable time
frame to be eligible for administrative relief under Section 9.5-122.2(t) of the Monroe County Land
Development Regulations.
Development Potential:
Monroe County
Zoning - The property is zoned Improved Subdivision (IS) which allows one single-family
residential dwelling 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.
Land Type - The subject property was determined to be low quality hammock in the Habitat
Evaluation Index (HEI), as reviewed by the Upper Keys Biologist. The property was given a point
assignment of negative two (-2) for being in Habitat Group 2 which is defined in Section 9.5-
122.3(7) and includes the following: High hammock (low quality); Low hammock (low quality);
Scarified land with saltmarsh and buttonwood; and scarified land with beachlberm
(design/standards). This is the second least environmentally sensitive category of the four described
in Section 9.5-122.3(7).
Neighboring Properties - The Thompson Property (RE 00085440.000200) is located between
Oceana Boulevard to the north and Dolphin Avenue to the south. The property adjacent and to the
west is forested and without a residence. The property adjacent and to the east is developed with a
single family home.
RaGa - The RaGa point system is designed to direct growth to protect natural resources and
encourage infill to improved subdivision lots. In response to Objectives 101.5 of the Monroe
County 2010 Comprehensive Plan, which directs the County to protect natural resources, Land
Development Regulations (LDRs) have been adopted that score minus RaGa points for any lots in
environmentally sensitive lands. The lot was given a negative two (-2) for being in Habitat Group 2
which is defined in Section 9.5-122.3(7) of the Land Development Regulations.
The applicant has not taken advantage of options available to him under the RaGa scoring system
to increase his competitiveness in the RaGa system as most other applicants, who have received
allocations have.
Smart Growth Initiative - Monroe County is in the process of adopting LDRs and a zoning overlay
which will identify appropriate areas for future infill development and areas for acquisition. Goal
105 of the 2010 Comprehensive Plan directs the County to designate all lands into one of three
Tiers for purposes of the land acquisition program and smart growth initiative. The tiers are defined
in Policy 105.2.1.
It is important to note that the subject property, located in Oceana subdivision, meets the criteria for
a Natural Area (Tier I) as defined in Goal 105. Although a single-family residential dwelling and
accessory uses are allowable, new development is to be severely restricted and privately owned
vacant lands are to be acquired or development rights retired for resource conservation and passive
recreation purposes. Policy 105.2.12 directs that the preferred form of administrative relief for any
land within Tier I or Tier II is a purchase offer.
Conservation and Natural Area - The lot is within the boundaries of the Conservation and Natural
Area (CNA) as adopted by the Board of County Commissioners on June 16,2004.
2
Monroe County
BOCC Resolution No. 223-2004, is a resolution of the BOCC that is directed towards preserving
as much of the indigenous hammocks and pine lands as possible. It further directs staff to identify
and recommend for purchase by the Land Authority, small parcels containing indigenous
hammocks and pinelands throughout Monroe county that are not covered by "Florida Forever"
funds. The resolution states:
Monroe County's Growth Management Division is hereby directed to:
1. Closely monitor those small parcels in the CNA areas to prevent un-permitted clearing.
2. Limit the issuance of permits for land clearing so that the best interests of the public
good, including the encouragement of building affordable housing, are protected.
3. Identify these small parcels, not covered by the "Florida Forever Funds" to the
Land Authority for recommended purchase.
Eligibility for Administrative Relief Options:
Section 9.5-122.2(t) 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 RaGa 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(t)
include issuance of an allocation award or just compensation by purchase of the property or such
other relief as may be necessary or appropriate.
Although the subject property does not contain any significant habitat for endangered or threatened
animal species, it does contain sensitive environmental features. The subdivision has also been
designated Tier I for sprawl reduction. Therefore the subject property does meet the guidelines
established under Policy 101.6.6 and Policy 102.4.2 ofthe Year 2010 Comprehensive Plan for the
purchase of property under Administrative Relief.
Staff Analysis:
The Growth Management Division has reviewed the application and determined it is not appropriate
to offer an allocation award to this applicant. The property contains fragments of environmentally
sensitive lands, received two negative points (-2) in RaGa and is located within a subdivision with
other lots containing fragmented hammock.
The appropriate County action for this property is to offer to purchase the property from the lot
owner (Resolution 223-2004). If the owner chooses not to sell to the County, the application may
remain in the RaGa system and accrue two points (+2) for each year over four years that s/he
3
Monroe County
continues in RaGa. The granting of an allocation award is not the preferred relief option and is not
consistent with the policies for administrative relief under the Year 2010 Comprehensive Plan.
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 an order be prepared
that establishes this relief as an offer to purchase the lot for fair market value by Monroe County.
Cc: Timothy J. McGarry, AICP, Director of Growth Management
Mark Rosch, Monroe County Land Authority
Joel Reed, Planner
Richard Collins, Esq.
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