Resolution 418-2005
RESOLUTION NO 418-2005
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS DENYING THE REQUEST FOR
ADMINISTRATIVE RELIEF IN THE FORM OF A DWELLING
UNIT ALLOCATION MADE BY MILES TEACH ON THE LOT
DESCRIDED AS LOT 29, BLOCK 2, HARRIS OCEAN PARK
ESTATES, KEY LARGO, RE#00447430.000000 AND OFFERING
TO PURCHASE THE PROPERTY FOR CONSERVATION
PURPOSES AS THE PREFERRED FORM OF
ADMINISTRATIVE RELIEF.
WHEREAS, Miles Teach submitted an application for a building permit allocation
under the Residential Rate of Growth Ordinance (ROGO) in October 2001; 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 9.5-122.2(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 is not identified as being in the Conservation and Native Area
(CNA), and received two (2) negative environmental points; 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 in 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 the Harris Ocean Park Subdivision, Key
Largo is environmentally sensitive; and
WHEREAS, the Monroe County Board of County Commissioners makes the following
findings of fact and conclusions of law:
1. The Miles Teach application for Lot 29, Block 2, Harris Ocean Park Estates
Subdivision received two (2) negative environmental points and is located in the
center of approximately 1.7 acres of contiguous hammock; and
2. The applicant has 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
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applicant who has not received an allocation award in ROGO may apply to the Board
of County Commissioners for Administrative Relief; and
3. The applicant has been in the ROGO system for three of the last four annual
allocations periods and therefore qualifies for Administrative Relief; and
4. 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; and
5. The property does qualify as environmentally sensitive under criteria established by
Policy 101.6.5 and Policy 101.6.6 of the Monroe County Years 2010 Comprehensive
Plan that directs the County to prioritize acquisition based on the environmental
sensitivity of the land.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Administrative Relief is granted to Miles Teach on Lot 29, Block 2, Harris Ocean Park
Subdivision in the form of an offer to purchase the subject property subject to the following
conditions:
1. The applicant may elect to sell the property to Monroe County for conservation purposes, or
to remain in the ROGO allocation system until such time as the application receives an
allocation.
2. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 16th day of Novembe:t' 2005.
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Mayor Char~es "Sonny" McCoy
Mayor Pro Tern Murray Nelson
Commissioner George Neugent
Commissioner David Rice
Commissioner Dixie Spehar
Yes
Yes
Yes
Not Present
Yes
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