§ 138-27. Administrative Relief.

(a)

Eligibility. An applicant for an allocation award is eligible for administrative relief if:

(1)

The application complies with all requirements of the dwelling unit allocation system;

(2)

The application has been denied an allocation award for four successive years (first 16 consecutive quarterly allocation periods) in the ROGO Permit Allocation System;

(3)

The proposed development otherwise meets all applicable county, state, and federal regulations;

(4)

The ROGO allocation application has not been withdrawn;

(5)

The applicant has complied with all the requirements of the ROGO Permit Allocation System; and

(6)

The applicant has followed the procedures for administrative relief; and

(7)

The applicant has not received an allocation award.

(b)

Notification of eligibility. Within 30 days of the finalization of evaluation rankings by the Planning Commission, any applicant determined to be eligible for administrative relief pursuant to subsection (a) of this section shall be notified of the applicant's eligibility for administrative relief by certified mail, return receipt requested.

(c)

Application. An application for administrative relief shall be made on a form prescribed by the Planning Director and may be filed with the Planning and Environmental Resources Department no earlier than the conclusion of the 16th quarterly allocation period and no later than 180 days following the close of the 16th quarterly allocation period.

(d)

Exceptions. Monroe County shall preclude the granting of administrative relief in the form of the issuance of a building permit for lands within the Florida Forever targeted acquisition or Tier I land areas unless, after 60 days from the receipt of a complete application for administrative relief, it has been determined the parcel cannot be purchased for conservation purposes by any county, state or federal agency or any private entity. The county shall routinely notify the Department of Environmental Protection of upcoming administrative relief requests at least six months prior to the deadline for administrative relief.

(e)

Forwarding application to board of county commissioners. Upon the filing of an application for administrative relief, the Planning Director shall forward to the BOCC all relevant files and records relating to the subject applications. Failure to file an application shall constitute a waiver of any rights under this section to assert that the subject property has been taken by the county without payment of just compensation as a result of the dwelling unit allocation system.

(f)

Public hearing. Upon receipt of an application for administrative relief, the BOCC shall notice and hold a public hearing at which the applicant will be given an opportunity to be heard. The BOCC may review the relevant applications and applicable evaluation ranking, taking testimony from county staff and others as may be necessary and hear testimony and review documentary evidence submitted by the applicant.

(g)

Board of county commissioners action. At the conclusion of the public hearing, the BOCC may take any or a combination of the following actions:

(1)

Offer to purchase the property at its fair market value as its preferred action if the property is located within:

a.

A designated Tier I area or within the Florida Forever (or its successor) targeted acquisition areas (unless, after 60 days from the receipt of a complete application for administrative relief, it has been determined no county, state or federal agency or any private entity is willing to offer to purchase the parcel);

b.

A designated Tier II area (Big Pine Key and No Name Key);

c.

A designated Tier III-A area (special protection area); or

d.

A designated Tier III area on a nonwaterfront lot or parcel for affordable housing.

(2)

Grant the applicant an allocation award for all or a number of dwelling units requested in the next succeeding quarterly allocation period or extended pro rata over several succeeding quarterly allocation periods as the preferred action for buildable properties not meeting any of the criteria in subsection (g)(1) of this section.

(3)

Suggest or provide such other relief as may be necessary and appropriate.

(h)

Limits on administrative allocations per quarter. The number of allocations that may be awarded under administrative relief in any one quarter shall be no more than 50 percent of the total available market rate allocations available, excluding banked administrative relief allocations and those allocations received from Key West, in a quarter for that subarea. Any allocations, excluding banked administrative relief allocations and those allocations received from Key West, in excess of 50 percent shall be extended into the succeeding quarter or quarters until the number of such allocations is 50 percent or less of the total number of market rate allocations available to be awarded.

( Ord. No. 006-2016 , § 1(Exh. 1), 4-13-2016)