Item R1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 15,2006
Division:
Growth Management
Bulk Item: Yes
No --X-
Department: Planning and Env. Resources
Staff Contact Person: Aref 10ulani
AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief from
Maria Eguizabal, Lot 12, Block 7, Amended Plat of Winston Waterways, Key Largo, Real Estate
Number 00547211.001200.
ITEM BACKGROUND: A building permit and ROGO allocation were applied for on January 14,
2002, (Year 10, Quarter 3). The applicant applied for Administrative Relief on October 13,2005 (Year
14, Quarter 1) and is within the allowable time frame to be eligible for Administrative Relief under
Section 9.5-122.2(f) of the Momoe County Code.
Staff recommends that Administrative Rel~ef 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
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_
/~ "~. J
~) (J_/&tvYlz)O .t-~
Ronda Norman, Acting Director of Growth Management
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
RESOLUTION NO. -2006
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST
FOR ADMINISTRATIVE RELIEF MADE BY MARIA
EGUIZABAL ON THE LOT DESCRIBED AS LOT 12, BLOCK
7, WINSTON WATERWAYS SUBDIVISION, KEY LARGO,
RE#0054 7211.001200. THE RECOMMENDED RELIEF IS IN
THE FORM OF A DWELLING UNIT ALLOCATION
WHEREAS, Maria Eguizabal submitted an application IDr a building permit allocation
under the Residential Rate of Growth Ordinance (ROOO) Section 9.5-120-140, Monroe County
Code, in January of 2002: and
WHEREAS, based upon the Application for Administrative Relief: attachments thereto,
Staff Report, recommendations and other materials, the Monroe County Board of County
Commissioners makes the following Findings of Fact:
1. The propelty concemed is zoned Improved Subdivision (IS) and is located in the Winston
Waterways Subdivision, Lot 12, Block 7, Key Largo, Real Estate Number
00547211.00120.
2. The application of Maria Eguizabal has been in the ROGO system for at least four (4)
consecutive years.
3. The lot is not identified as being in the Conservation and Native Area (CNA), received no
negative environmental points and one (I) positive environmental point
4. The Board of County Commissioners Resolution 223-2004 directs staff to identifY small
parcels with indigenous hammock and pinelands for recommended purchase.
5. The subject property is not an area of indigenous hammock or pinelands.
6. The subject property, located in Winston Waterways Subdivision is not environmentally
sensitive.
7. The applicant, Maria Equizabal, has applied fDr 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.
8. The applicant has been in the ROGO system f()r three of the last ftmr annual allocations
periods and theretDre qualifies for Administrative Relief.
9. 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
hummock and pinelands.
10. The propeliy does not qualify as environmental sensitive under criteria established by
Policy ] 0 1.6.5 and Policy 10] .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.
Page] of2
WHEREAS, the Monroe County Board of County Commissioners makes the following
Conclusions of Law:
I. Section 9.5~ I 22.2(f) of the Monroe County Code 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.
2. The Board of County Commissioners (BOCC) has the authority to grant
Administrative Relief under Section 9.5~122.2(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.
3. 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 ofthe vegetative habitat on the lot.
NOW THEREFORE, BElT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Administrative Relief is granted to Maria Eguizabal on Lot 12, Block 7, Winston Waterways
Subdivision in the form of a dwelling unit allocation award, subject to the following conditions:
1. The timing of the issuance of the permit shall be in accordance with the annual number of
residential allocations defined by Policy 101.2.13 of the Monroe County Year 20 I 0
Comprehensive Plan and as required by Section 9.5~ I 22.2(f) of the Monroe County Code;
and
2. The allocation award shall be taken out of the next quarterly allocation which closes April 13,
2006 (Quarter 3, 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 , 2006.
Mayor Charles "Sonny" McCoy
Mayor Pro~Tem Murray Nelson
Commissioner Dixie M. Spehar
Commissioner George Neugent
Commissioner David P. Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
-
Charles "Sonny" McCoy
(SEAL)
ATTEST: DANNY L. HOLHAGE, CLERK
DEPUTY CLERK
Page 2 of2
GROWTH MANAGEMENf DIVISION
88800 Overseas Highway
Tavernier, flotida 3300
Voice: (305) 852~ 7100
FAX: (305) 852-7103
BOARD OF COUNIY COMMISSIONERS
Mayor Charles "Sonny" McCoy, District 3
Mayor Pro Tern Murray L Nelson, District 5
Dixie M. Spehar, District 1
George Neugent, Disttict 2
David P. Rice, District 4
To:
Board of County Commissioners
From:
Aref Joulani, Acting Director
Department of Planning and Environmental Resources
Date:
January 6, 2006
Subject:
Marie Eguizabal Administrative Relief Request
Background on Subject Property:
The subject property is zoned Improved Subdivision (IS) and is located in the Winston Waterways
Subdivision, Lot 12, Block 7, Key Largo, Real Estate Number 00547211.001200. The applicant
purchased the property in April of 2001. The sale price is listed in the assessor's records as $50,000.00
the current land value is listed in the assessor's records as $51,750.00. The applicant entered the
Residential Rate of Growth Ordinance (RaGa) system on January 14, 2002 (Year 10, Quarter 3). Permit
#0 I ~3~3908.
Permitting History:
A building permit and ROGO allocation were applied for on January 14,2002 (Year 10, Quarter 3). The
application scored sixteen (16) points: ten (10) points from planning five (5) points from the building
department with six (6) points for building features and minus one (~l) point for construction in an AE-
10 flood zone; and (1) 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 perseverance points, the property scores nineteen (19) points. The
applicant will be awarded one more perseverance point at the end ofthe 3rd quarter of Year 14, April 13,
2006 for a total of twenty-three (20) points.
The property lies between two (2) developed lots with a man~made canal at the rear. There are several
vacant lots on the south side of 3rd Road where the property is located. The rest of the Winston
Waterways Subdivision is largely built out. The large wooded area shown to the north of the applicants
lot is in the Pamela Villa subdivision which is heavily wooded, contains some wetland areas, and is only
lightly developed,
There have been eighteen (I 8) ROGO allocations granted in this subdivision, and another sixteen (16)
are currently in the system awaiting an allocation. A list of permits allocated and issued, along with the
ROGO allocation year is attached as Appendix A.
Page 1 of3
The applicant applied for administrative relief on October 13,2005 (Year 14, Quarter I) and is within the
allowable time frame to be eligible for administrative relief under section 9.5-122.2(t) 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 Lane 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 (I) 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 Plane which directs the County to protect 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
20 10 Comprehensive Plan provides a mechanism whereby an application which 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
allocation period.
Relief Options under Administrative Relief:
The remedies available to an application for Administrative Relief pursuant to Section 9.5-I22.2(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 ] 01.6.5 of the Year 2010
Comprehensive Plan for the purchase of property under Administrative Relief.
The applicant has requested Administrative Relief in the fonn of a granting of an allocation and has not
expressed a desire to sell the property to the County as provided for under Policy 10 1.6.] of the Year
2010 Comprehensive Plan.
Page 2 of3
Staff Analysis:
The Growth Management Division has reviewed the application and recommends the award of a ROGO
allocation to the applicant.
Findings of Fact:
1. The Maria Eguizabal RaGa application for Lot 12, Block 7, Winston Waterways
Subdivision received no negative environmental points and one (l) positive environmental
point; and
2. Policy 101.6.1 of the 2010 Comprehensive Plan and Section 9.5-122.2(f) 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
pine lands; 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.
Recommendation:
I. 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 award of a ROGO allocation in the next quarterly ROGO allocation
period which closes April 13, 2006, or at such time as a ROGO allocation is available.
cc: Director of Growth Management
Mark Rosch, Monroe County Land Authority
Page 3 of 3
APPENDIX A
ROGO ALLOCATIONS FOR
WINSTON WATERWAYS SUBDIVISION
YEAR 1 - JULY 1992 - JULY 1993 YEAR 2 - JULY 1993 - JULY 1994
92-3-6962
92-3-7683
93-3-10923
93-3-8904
92-3-7682
YEAR 4 - JULY 1995 - JULY 1996
NONE
YEAR 3 - JULY 1994 - JULY 1995
94-3-1691
YEAR 5 - JULY 1996 - JULY 1997
YEAR 6 - JULY 1997 - JULY 1998
96-3-0848
94-3-2662
96-3-2092
95-3-3358
95-3-3357
98-3-0868
YEAR 8 - JULY 1999 - JULY 2000
YEAR 7 - JULY 1998 - JULY 1999
98-3-3175
99-3-0967
99-3-2108
99-3-1954
NONE
YEAR 10 - JULY 2001 - JULY 2002
NONE
YEAR 9 - JULY 2000 - JULY 2001
YEAR 11 - JULY 2002 - JULY 2003
YEAR 12 - JULY 2003 - JULY 2004
00-3-3114
NONE
YEAR 13 - JULY 2004 - JULY 2005
01-3-0975
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