Item P1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 16.2005
Division:
Growth Management
Bulk ltem: Yes
No~
Department: Planning and Env. Resources
Staff Contact Person: Timothy J. McGarry
AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief from
Marlin Holding Inc. Lot 12, Block 19, Largo Sound Park Subdivision, Key Largo, Real Estate Number
#00469980.000000.
ITEM BACKGROUND: A building permit and RaGa allocation were applied for on September 24,
2001, (Year 10, Quarter 1). The applicant applied for Administrative Relief on May 23,2005, (Year
13, 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 Code.
Staff recommends that Administrative Relief be granted in the form of a dwelling unit allocation
award.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES: N/A
ST AFF RECOMMENDATIONS: Approval.
TOT AL 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:
DOCUMENTATION:
Included X
Risk Management: NI A
APPROVED BY: County Atty.: 1L-
DIVISION DIRECTOR APPROVAL:
DISPOSITION:
AGENDA ITEM #
RESOLUTION NO. -2005
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST
MADE BY MARLIN HOLDING, INC. FOR
ADMINISTRATIVE RELIEF IN THE FORM OF A
DWELLING UNIT ALLOCATION ON THE LOT DESCRIBED
AS LOT 12, BLOCK 19, LARGO SOUND PARK
SUBDIVISION, KEY LARGO, RE#00469980.000000.
WHEREAS, Marlin Holding, Inc. submitted an application for a building pennit
allocation under the Residential Rate of Growth Ordinance (ROGO) in September of 200 1; 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(0(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 pine lands for recommended purchase; and
and
WHEREAS, the subject property is not an area of indigenous hammock or pinelands;
WHEREAS, Policy 101.6.5 of the 2010 Comprehensive Plan provides criteria to be used
for detennining lands that are appropriate lor acquisition and the criteria includes the
environmental sensitivity of the vegetative habitat on the lot; and
WHEREAS, the subject property, located in Largo Sound Park Subdivision IS not
environmentally sensitive; and
\VHER}:AS, the Monroe County Board of County Commissioners makes the following
findings of fact and conclusions of law:
]. The Marlin Holding Inc. application for Lot 12, Block 19, Largo Sound Park
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(1)(6)
of the Monroe County Code and Policy 101.6.1 of the 2010 Comprehensive Plan and
Section 9.5-I22.2(f) of the Monroe County Code provides a mechanism whereby an
Page] of3
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 fOUf annual
allocations periods and therefore qualifies for Administrative Relief; and
4. The property does not 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 not qualify as environmentally sensitive under criteria established
by Policy 101.6.5 and Policy 101.6.6 of the 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 RESOL VED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Administrative Relief is granted to Marlin Holding, Inc. on Lot 12, Block 19, Largo Sound Park
in the form of a dwelling unit allocation award, subject to the following conditions:
I. The timing of the issuance of the permit shall be in accordance with the annual number of
residential allocations defined by Policy 10 1.2.13 of the Monroe County Year 20 10
Comprehensive Plan and as required by Section 9.5.-122.2(t) of the Monroe County Code;
and
2. The allocation award shall be taken out of the next quarterly 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 required 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 day of, 2005.
Mayor Dixie Spehar
Mayor Pro Tern Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner David Rice
Commissioner Murray Nelson
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Dixie Spehar
(SEAL)
A TTEST: DANNY L. KOLHAGE, CLERK
Date:
DEPUTY CLERK
Page 2 of2
GRO\iV'TH MANAGEMENT DIVISION
88800 Overseas Highway
Tavernier, Florida 3300
Yoke: (305) 852-7100
FAX: (305) 852-7103
BOARD OF COUNTY COMMISSIONERS
Mayor Dixie :tv!. Sphere, District I
Mayor Pro Tem Charles "Sonny" McCoy, District 3
George Neugent, District 2
David P. Rice, District 4
Murray E. Nelson, District 5
To:
Board of County Commissioners
From:
Timothy J. McGarry, AICP, Acting Director
Department of Planning and Environmental Resources
Date:
September 27,2005
Subject:
Marlin Holding Inc. Administrative Relief Request
Background on Subject Property:
The subject property is zoned Improved Subdivision (IS) and is located in the Largo Sound Park
Subdivision, Lot 12, Block 19, Key Largo, Real Estate Number #00469980.000000. The applicant
purchased the property in March of 2000, in a multiple purchase of 3 lots. 'rhe sale price is listed in the
assessor's records as $27,600 for the 3 lots. The sale price of each lot is $9,200.00 The current land
value is listed in the assessor's records as $9,635.00. The applicant entered the Residential Rate of
Growth Ordinance (ROGO) system on September 24,2001, (10, Quarter I). Permit #01-3-2546.
Permitting History:
A building permit and ROGO allocation were applied for on September 24,2001, (Year 10, Quarter I).
The application scored seventeen (17) points: ten (10) points from planning, six 6 points from the
building department. and (I) point from environmental resources as the subject property was determined
to be Habitat Protection Group I, disturbed/scarified, by the Upper Keys Biologist.
Currently, with the addition of three (3) perseverance points, the property scores hventy (20) points. The
applicant wi II be awarded one more perseverance point at the end of the I st quarter of Year 15, October
13, 2005 for a total of twenty-one (21) points.
The property lies between two (2) developed lots. There are only five (5) vacant lots on the street where
the property is located, and the applicant is applying for Administrative Relief on three (3) of the existing
vacant lots. The rest of the Largo Sound Park Subdivision is largely built Ollt, with few lots remaining
which have not been entered into the ROGO Allocation System.
There have been thirty-four (34) ROGO allocations granted in this subdivision, and another nineteen (] 9)
are currently in the system a\vaiting an allocation. A list of permits allocated and issued, along with the
ROGO allocation year is attached as Appendix A.
Page lof3
The applicant applied for Administrative Relief on May 23, 2005, (Year 13, Quarter 4) and is within the
allowable time frame to be eligible for Administrative Relief under section 9,5-122.2(1) of the Monroe
County Code.
Development Potential:
Zoning The property is zoned Improved Subdivision (IS) allows single-family residential dwellings and
accessory uses. As an IS lot, 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 property was given a point assignment of one (1) positive point for being in Habitat
Group 1 which is defined in Section 9.5-122.3(7) and includes the following: Disturbed/scarified or
disturbed with hammock or disturbed with exotics. This is the least environmentally sensitive category
of the four described in Section 9.5-122.3(7).
Neighboring Properties- The subdivision is highly developed with few remaining vacant lots.
ROGO- The ROGO point system is designed to direct growth to protect natural resources and to
encourage infill development of improved subdivision lots. In response to Objectives 101.5 of the
Monroe County 2010 Comprehensive Plan which directs the County to proteet natural resources. Land
Development Regulations (LDRs) have been adopted that score minus ROGO points in environmentally
sensitive lands. The subject lot received no negative points under Section 9.5-122.3 of the Land
Development Regulations, and is not identified as being in the Conservation and Natural Areas (CNA).
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 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(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.
The subject property does not contain sensitive environmental features or any significant habitat for
endangered or threatened animal species. It therefore does not 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.
The applicant has requested Administrative Relief in the form of a granting of an allocation and has not
expressed a desire to sell the property to the County as provided for under Policy 101.6.1 of the Year
2010 Comprehensive Plan.
Staff Analysis:
Page 2 of3
The Growth Management Division has reviewed the application and recommends the award of a ROGO
allocation to the applicant.
Findings of Fact:
1. The Marlin Holding Inc. ROGO application for Lot 12, Block 19, Largo Sound Park
Subdivision received no negative environmental points and one (1) positive environmental
point; and
2. Policy 101.6.1 of the 2010 Comprehensive Plan and Section 9.S-122.2(t) of the Monroe
County Land Development Regulations 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
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 not 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 not qualify as environmentally sensitive under criteria established by
Pol icy 101.6.5 and Policy] 01.6.6 of the Monroe County Year 2010 Comprehensive Plan that
directs the County to prioritize acquisition based on the environmental sensitivity of the land.
Recommendation:
1. It is recommended that the Board of County Commissioners find that the applicant has met the
criteria and qualifies for Administrative Relief. The fOffi1 of this relief is an award of a ROGO
allocation in the next quarterly ROGO allocation period, or at such time as a ROGO allocation is
available.
cc: Timothy J,McGarty, AICl', Director of Growth Management
Mark Rosch, Monroe County Land Authority
Page 3 00
APPENDIX A
ROGO ALLOCATIONS FOR
LARGO SOUND PARK SUBDIVISION
YEAR 1 - JULY 1992 - JULY 1993
YEAR 2 - JULY 1993 - JULY 1994
92-3-7137
93-3-10437
YEAR 3 -JULY 1994--JULY 1995
YEAR 4 -- JULY 1995 - JULY 1996
95-3-0890
94-3-3045
95-3-059
95-3-2553
95-3-2212
YEAR 5 - JULY 1996 - JULY 1997
YEAR 6 -- JULY 1997 - JULY 1998
95-3-1730
97 -3-0098
96-3-2919
96-3-3540
96-3-2453
96-3-2697
97-3-1170
98-3-0303
98-3-1300
YEAR 7 -- JULY 1998 - JULY 1999
YEAR 8 -- JULY 1999 - JULY 2000
99-3-0090
98-3-2520
98-3-2768
98-3-3016
99-3-3317
99-3-2203
YEAR 9 -- JULY 2000 -- JULY 2001
YEAR 10 - JULY 2001 -- JULY 2002
99-3-3324
00-3-0968
01-3-2265
01-3-2150
YEAR 11 - JULY 2002 - JULY 2003
YEAR 12 - JULY 2003 -- JULY 2004
02-3-2707
02-3-1400
02-3-2195
02-3-2709
02-3-3927
02-3-3067
02-3-3924
03-3-0577
YEAR 13 - JULY 2004 - JULY 2005
NONE
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Pemlit# 01-3-2546
RE#00469980.0000()O
Applicant: Dehi Miller
Legal Description: Lot 12. Block] 9 Largo Sound Park I q Addition