Resolution 417-2005
RESOLUTION N0417 -2005
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST
MADE BY MAGAL Y RIVAS FOR ADMINISTRATIVE
RELIEF IN THE FORM OF A DWELLING UNIT
ALLOCA nON ON THE LOT DESCRIBED AS LOT 4,
BLOCK 6, SUNRISE POINT AMENDED PLAT, KEY LARGO,
RE#00483810.000000.
WHEREAS, Magaly Rivas submitted an application for a building permit allocation
under the Residential Rate of Growth Ordinance (ROGO) in November of200l; and
WHEREAS, the application has been in the ROGO system for at least four (4)
consecutive years; and
WHEREAS, the Board of County Commissions (BOCC) has the authority to grant
Administrative Relief under Section 9.5-l22.2(t)(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 is not identified as being in the Conservation and Native Area
(CNA), received no negative environmental points and one (1) positive environmental point; and
WHEREAS, Board of County Commissioners Resolution #223-2004 directs staff to
identify small parcels with indigenous hammock and pinelands for recommended purchase; and
WHEREAS, the subject property is not an area of indigenous hammock or pinelands;
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 Sunrise Point Amended Plat Subdivision is
not environmentally sensitive; and
WHEREAS, the Monroe County Board of County Commissioners makes the following
findings of fact and conclusions of law:
1. The Magaly Rivas application for Lot 4, Block 6, Sunrise Point Amended Plat
subdivision received no negative environmental points and one (1) positive
environmental point; and
2. The applicants have applied for Administrative Relief under Section 9.5-122.2(f)(6)
of the Monroe County Code and Policy 101.6.1 of the 2010 Comprehensive Plan and
Section 9.5-122.2(f) of the Monroe County Code 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; and
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3. The applicant has been in the ROGO system for three of the last four annual
allocations periods and therefore qualifies for Ad inistrative Relief; and
4. The property does not qualify under criteria esta lished by Resolution #223-2004 for
purchase by the Monroe County Land Authori of small parcels with indigenous
hammock and pine lands; and
5. The property does not qualify as environmentall sensitive under criteria established
by Policy 101.6.5 and Policy 101.6.6 of he Monroe County Year 2010
Comprehensive Plan that directs the County to prioritize acquisition based on the
environmental sensitivity of the land.
NOW THEREFORE, BE IT RESOLVED BY
COMMISSIONERS OF MONROE COUNTY, FLORID
OF COUNTY
Administrative Relief is granted to Magaly Rivas on Lot 4, Bock 6, Sunrise Point Amended Plat
Subdivision in the form of a dwelling unit allocation award, s bject to the following conditions:
1. The timing of the issuance of the permit shall be in ac rdance with the annual number of
residential allocations defined by Policy 101.2.13 0 the Monroe County Year 2010
Comprehensive Plan and as required by Section 9.5-12 .2(f) of the Monroe County Code;
and
2. The allocation award shall be taken out of the next quart rly allocation, (Quarter 2, Year 14)
or such time as a residential allocation becomes available; and
3. The assignment of a nutrient reduction credit shall be req ired prior to issuance of the permit.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 16th day 0 Novemb~2005.
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Mayor Charles " onny" McCoy
Mayor Pro Tern Mu ray Nelson
Commissioner Geor e Neugent
Commissioner Davi Rice
Commissioner Dix e Spehar
Yes
Yes
Yes
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OUNTY COMMISSIONERS
CO Y, FLORIDA
BY
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