Item O6
BOARD OF COUNTY COMMISSIONERS
A(;ENDA ITEM SUMMARY
Meeting Date: May 16, 2006
Division:
Gro\vth Management
Bulk Item: Yes
No~
Department: Planning and Env. Resources
StatT Contact Person: Aref Joulani
Jerry D. Sanders, Esq.
AGENDA ITEM WORDING: A public hearing to consider a request tor Administrative Relief from
Miguel Cano Lot 6, Block 8, Amended Plat of Winston Waterways 2, Key Largo, Real Estate Number
00547211.002400.
ITEM BACKGROUND: A building permit and RaGa allocation were applied tor on October 10,
200] (Year 10, Quarter 1). The applicant applied tor administrative reliefon January 4, 2006 (Year 14,
Quarter 1) 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.
Staff recommends that Administrative Relief be granted in the torm of a dwelling unit allocation
award.
PREVIOUS RELEVANT BOCC ACTION: N! A
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENHATIONS: Approval.
TOTAL COST:
N/A
BUDGETED: Yes N!A No
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
N!A
REVENUE PROHUCING: Yes
No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty ~ OMB/Purchasing N/A
Risk Manatrement N!A
~ ~
HIVISION HIRECTOR 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 MIGUEL CAN 0
ON THE LOT DESCRIBED AS LOT 6, BLOCK 8, WINSTON
WATERWAYS SUBDIVISION, KEY LARGO,
RE#005472 I 1.002400. THE RECOMMENDED RELIEF IS IN
THE FORM OF A DWELLING UNIT ALLOCATION
WHEREAS, Miguel Cano submitted an application for administrative Relief under Sec.
9.5-1 22(f)(6) of the Monroe County Land Development Regulations, and
WHEREAS, the Monroe County Board of County Commissioners makes the following
finds of fact and conclusions of law:
I. Miguel Cana's application for Administrative Relief is for Lot 6 Block 8, Winston
Waterways Subdivision.
2. The application has been in the RaGa system for at least four (4) consecutive years.
3. 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
necessmy and appropriate.
4. 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.
5. Board of County Commissioners Resolution 223.2004 directs staff to identify small
parcels with indigenous hammock and pinelands for recommended purchase.
6. The subject property is not an area of indigenous hammock or pine]ands.
7. Policy 10] .6.5 of the 20 I 0 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.
8. The subject property, is zoned Improved Subdivision (IS), is located 111 Winston
Waterways Subdivision and is not environmentally sensitive.
9. The applicant on Januaty 4, 2006 applied for Administrative Relief under Section
9,5-1 22.2(t)( 6) of the Monroe COllnty Code and Policy 10] .6.] of the 20] 0
Comprehensive Plan. Section 9.5.122.2(1) 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.
10. The applicant has been in the RaGa system tor three of the last four annual
allocation periods and therefore qualifies for administrative relief.
Page] of2
II. 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.
12. The property does 110t 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 Miguel Cano on Lot 6, Block 8, Winston Waterways 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 101.2. J 3 of the Monroe County Year 20 I 0
Comprehensive Plan and as required by Section 9.5.-122.2(f) of the Monroe County Code;
and
2. The allocation award shall be taken out of the next quarterly allocation which closes July 13,
2005 (Quarter 4, 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 George Neugent
Commissioner David Rice
Commissioner Dixie Spehar
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Charles "Sonny" McCoy
(SEAL)
ATTEST: DANNY L. HOLHAGE, CLERK
DEPUTY CLERK
,~~----~~~~~-~~~~~-~-~-~
Page 2 01'2
County of Monroe
Planninq Department
2798 Overseas Highway
Suite 410
Marathon, Florida 33050
Voice: (305) 289 2500
FAX: (305) 289 2536
Board of County Commissioners
Mayor Charles McCoy, Dist 3
Mayor Pro Tem Murray Nelson, Dist. 5
Comm, Dixie Spehar, Dist 1
Camm. George Neugent, Dist 2
Comm. David P. Rice, Dist. 4
To;
Board of County Commissioners
Through;
Aref Joulani, Director
Department of Planning and Environmental Resources
From:
Ben Bolz, Planning Technician
Date:
April ]9,2006
Subject:
Cano Administrative Relief Request
Background on Subject Property:
The subject property is zoned Improved Subdivision (IS) and is located in the Winston Waterways
Subdivision, Lot 6, Block 4, Key Largo. Real Estate Number 0054721] .002400. The applicant
purchased the property in April of 2000. The sale price is listed in the assessor's records as $35,000 for
the lot. The current land value is listed in the assessor's records as $46,125.00. The applicant entered
the Residential Rate of Growth Ordinance (ROGO) system on October 10, 2001 (Year 10, Quarter I).
Permit #01-3-2260.
Permitting History:
A bui Iding permit and ROGO allocation were appl ied for on October 10, 2001. (Year 10. Quarter ]).
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 subjcct property was determined
to be Habitat Protection Group ], disturbed/scarified, by the Upper Keys Biologist.
Currently, with the addition of four (4) perseverance points, the property scores twenty-one (2]) points.
The property lies between one (1) developed lot and three (3) undeveloped lots. There are only six (6)
vacant lots on the street where the property is located, and the applicant is applying for administrative
relief on one (J) of the existing vacant lots. The rest of the Winston Waterways Subdivision is largely
built out, with few lots remaining which have not been entered into the RaGa Allocation System.
There have been seventeen (] 7) ROGO al locations 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.
The applicant applied for administrative relief on January 4, 2005 (Year 14, Qum1er 1) and is within the
allowable time frame to be eligible for administrative relief under section 9.5-122.2(t) of the Monroe
COllnty 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.
- I -
Future Lane Use Map (FLUM) ~ The FLUM indicates the property to be Residential Medium (RM)
which is intended f()j~ single.family residential use.
Proposed Tier. Tier III Infill Area
Land Type ~ The property was given a point assignment of one (I) positive point for being in Habitat
Group I 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 protect natural resources~
Land Development Regulations (LDRs) have been adopted that score negative 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 Relieve Options:
Section 9.5.122.2(t) of the Monroe County Land Development Regulations and Policy 101.6.1 or the
20 I 0 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 fur 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 tur 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(1)
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 Relie[
The applicant has requested administrative relief in the fUnTI of a granting of an allocation and has not
expressed a desire to sell the propeliy to the County as provided for under Policy 101.6.1 of the Year
20] 0 Comprehensive Plan.
Staff Analysis:
The Grmvth Management Division has reviewed the application and recommends the award of a ROGO
allocation to the applicant.
- 2 -
Findings of Fact:
I, The Miguel Cano. ROGO application for Lot 6, Block 8, Winston Waterway Subdivision
received no negative environmental points and one (I) positive environmental point; and
2, Policy 101.6,1 of the 2010 Comprehensive Plan and Section 9.5-122.2(t) of the Monroe
County 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 four of the last four annual allocations
periods and therefore qualifies for administrative relief: and
4, The property does not quality 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 quality as environmentally sensitive under criteria established by
Po] icy 10] .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 RaGa allocation
period which closes April 13, 2006, or at such time as a RaGa allocation is available.
cc: Ronda Nonnan, Director of Growth Management
Mark Rosch, Monroe County Land Authority
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APPENDIX A
ROGO ALLOCATIONS FOR
Winston Waterways
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 3 - JULY 1994 - JULY 1995
YEAR 4 - JULY 1995 - JULY 1996
94-3-1691
None
YEAR 5 - JULY 1996 - JULY 1997
YEAR 6 - JULY 1997 - JULY 1998
96-3-848
94-3-2662
96~3-2092
95~3-3358
95-3-3357
98-3-868
YEAR 8 - JULY 1999 - JULY 2000
YEAR 7 - JULY 1998 - JULY 1999
98~3-3175
99-3-0967
97 -3-2108
99-3-1954
YEAR 9 - JULY 2000 - JULY 2001
YEAR 10 - JULY 2001 - JULY 2002
NONE
NONE
YEAR 11 - JULY 2002 - JULY 2003
YEAR 12 - JULY 2003 - JULY 2004
00-3~3114
NONE
YEAR 13 - JULY 2004 - JULY 2005
NONE