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Item R11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 x MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: Through: Through: From: Date: Subject: Monroe County Board of County Commissioners Andrew Omer Trivette, Director of Growth Management Townsley Schwab, Senior Director of Planning and Environmental Resources Mitchell N. Harvey, AICP, Comprehensive Planning Manager June 29, 2009 Request far an Amendment to the Tier Overlay Map From Tier 1 to Tier 111 Old State Road 4A, Mile Marker 17, Real Estate No. 00119360-000100 Meeting: July 15, 2009 I REQUEST The applicant is requesting that their property located at 16820 Old State Road 4A on Sugarloaf Key be changed from Tier I designation to Tier III designation. 1. Location Map Page 1 of 11 W:Planning/Working Folders/Harvey-Mitch/Giampaoli/Giampaoli Staff Report- PC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 2. Location and Owner Information: a. Address: 16820 Old State Road 4A, Sugarloaf Key, MM 17 b. Legal Description: Lot 35, Sugarloaf Key Resub of Gov Lot 1 c. Real Estate Number: RE Number: 00119360-000100 d. Applicant / Petitioner: Kieran Mahoney e. Property Owner: Peter G. and Elizabeth C. Giampaoli 3. Site Characteristics: a. Existing Land Use Districts: Urban Residential Mobil (URM) b. Existing Future Land Use Designation: Residential High (RH) c. Existing Tier Designation: Tier I d. Proposed Tier Designation: Tier III e. Size of Site: 1.73 acres f. Existing Vegetation / Habitat: Scarified g. Community Character of Immediate Vicinity: Developed residential 4. Executive Summary The owner is requesting to amend the Tier Overlay District Map from Tier I to Tier III for the subject property. This will allow the owner to begin the process of preparing and requesting permission to construct a single family home. The property was formerly a mobile home park and contains no natural vegetative habitat and no identified protected species. 11 PROCESS • Pursuant to Sections 130-130(f) and 102-158 of the Monroe County Code (MCC), tier overlay district amendments may be proposed by the Board of County Commissioners (BOCC), the Planning Commission, the Director of Planning, or the owner or other person having a contractual interest in property to be affected by a proposed amendment. • The Director of Planning reviews and processes the tier amendment application and passes it on to the Development Review Committee and the Planning Commission for recommendation and final approval by the BOCC. • The Planning Commission and the BOCC each hold at least one public hearing on a proposed amendment to the tier overlay district map. The Planning Commission shall reviews the application, the reports, and recommendations of the Department of Planning & Environmental Resources and the Development Review Committee, and the testimony given at the public hearing, and shall submit its recommendations and findings to the BOCC. Page 2of11 W:Planning/Working Folders/Harvey-Mitch/Giampaoli/Giampaoli Staff Report - PC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 • The BOCC considers the report and recommendation of and the testimony given at the public hearings and may either deny the application or adopt an ordinance approving the proposed amendment. Ordinances are then reviewed by the Florida Department of Community Affairs. • In the event of a written protest against such amendment signed by the owners of twenty (20) percent or more either of the area of the lots or land included in the proposed amendment or ten (10) percent of the lots or land immediately adjoining the property to be affected and extending three hundred (300) feet from the property, such amendment shall not become effective except by the favorable vote of four (4) members of the BOCC. III REVIEW CONSIDERATION Applications for tier amendments are reviewed for consistency with the following: • Monroe County 2010 Comprehensive Plan; • Monroe County Code; • Principles for Guiding Development in the Florida Keys Area of Critical State Concern; and • Florida Keys Carrying Capacity Study four main guidelines for future development in the Florida Keys. Staff has determined that the proposed amendment is consistent with the Tier III criteria as defined by the Monroe County 2010 Comprehensive Plan and the Monroe County Code. The request is also consistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern and the Florida Keys Carrying Capacity Study. IV. PRIOR COUNTY ACTIONS • August 20, 2003, BOCC adopted Resolution No. 346-2003, designating the boundaries of Conservation and Natural Areas (CNA), consistent with the "Natural Areas" designation mandated by Objective 105.2 of the 2010 Comprehensive Plan, pursuant to Rule 28-20.100 F.A.C. • June 16, 2004, the BOCC adopted Ordinance No. 018-2004, designating the boundaries of the Conservation and Natural Areas (CNA), and adopting an interim moratorium on ROGO and NROGO allocations within CNA until Land Development Regulations and Comprehensive Plan amendments implementing the work program mandated by Rule 28-20.100, F.A.C. could be drafted and adopted. Page 3 of 11 W:Planning/Working Folders/Harvey-Mitch/Giampaoli/Giampaoli Staff Report - PC 1 2 • On April 7, 8, and 11, 2005, hearings were conducted by a Hearing Officer at the 3 Marathon Government Center to consider applications received for review of 4 Conservation and Natural Area (now proposed Tier) boundaries. The Hearing 5 Officer later made recommendations regarding those requests, including 6 recommending changing the designation from Tier I to Tier III for the subject parcels 7 for which change applications had been submitted. 8 9 • On March 15, 2006, the Board of County Commissioners (BOCC) passed Ordinance 10 No. 010-2006 adopting amendments to the Land Development Regulations to 11 implement Goal 105 of the 2010 Comprehensive Plan and the Tier Overlay System, 12 providing criteria for designation of tier boundaries, and providing a mechanism for 13 Tier Overlay District Map amendments.0 14 15 • On March 15, 2006, the BOCC passed Resolution No. 148-2006 directing Growth 16 Management Division staff to process amendments to the adopted Tier Overlay Map 17 based on review of previous change request applications. 18 19 • On March 21, 2006, the Board of County Commissioners passed Ordinance No. 013- 20 2006 adopting an amendment to the Monroe County Land Use District Map to 21 include a Tier Overlay District Map designation on all land in unincorporated 22 Monroe County between Key West and Ocean Reef and designating boundaries for 23 Tier I, Tier II, Tier III, and Tier III -A as required in Goal 105 of the 2010 24 Comprehensive Plan. Due to the direction given by the Florida Administrative 25 Commission (which consists of the Governor and Cabinet), staff was unable to 26 incorporate changes to the Tier Overlay District Map for properties submitted for 27 review and recommended for Tier change through the earlier processes. 28 29 • On April 16, 2008, the Board of County Commissioners discussed a resolution to 30 amend the Tier Overlay Map from Tier I to Tier III for twelve properties, which 31 included the applicant's parcel. After discussion, the item was continued to the May 32 21, 2008 meeting of the Board. The County Attorney subsequently requested that this 33 item be reviewed by the Development Review Committee and Planning Commission 34 prior to final approval by the Board. 35 36 • The Monroe County Development Review Committee reviewed the proposed FLUM 37 amendment on June 9, 2009 and recommended that the Planning Director submit this 38 amendment for review with the Monroe County Planning Commission. 39 40 • The Monroe County Planning Commission reviewed the proposed FLUM 41 amendment on June 24, 2009. Following public testimony and discussion, the 42 Planning Commission voted to recommend approval to the Monroe County Board of 43 County Commissioners. 44 45 V. EVALUATION Page 4 of 11 W:Planning/Working Folders/Harvey-Mitch/G iampaoli/G iampaoli Staff Report -PC 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 A. Consistency of the proposed amendment with the provisions and intent of the Monroe County Year 2010 Comprehensive Plan: Policy 105.2.1 states: Natural Area (Tier 1): Any defined geographic area where all or a significant portion of the land area is characterized as environmentally sensitive by the policies of this Plan and applicable habitat conservation plan, is to be designated as a Natural Area. New development on vacant land is to be severely restricted and privately owned vacant lands are to be acquired or development rights retired for resource conservation and passive recreation purposes. However, this does not preclude provisions of infrastructure for existing development. Within the Natural Area designation are typically found lands within the acquisition boundaries of federal and state resource conservation and park areas, including isolated platted subdivisions; and privately -owned vacant lands with sensitive environmental features outside these acquisition areas. Staff Comment: The subject parcel has been cleared and was formerly used as a mobile home park. The property is not presently environmentally sensitive and is not a Natural Area, therefore, the site does not meet the criteria for designation as Tier 1 as stated in Policy 105.2.1. Infill Area (Tier 111): Any defined geographic area, where a significant portion of land area is not characterized as environmentally sensitive as defined by this Plan, where existing platted subdivisions are substantially developed, served by complete infrastructure facilities, and within close proximity to established commercial areas, or where a concentration of non-residential uses exists, is to be designated as an Infill Area. New development and redevelopment are to be highly encouraged. Within an Infill Area are typically found: platted subdivisions with 50 percent or more developed lots situated in areas with few sensitive environmental features; full range of available public infrastructure in tens of paved roads, potable water, and electricity, and concentrations of commercial and other non-residential uses within close proximity. in some Infill Areas, a mix of non-residential and high -density residential uses (generally 8 units or more per acre) may also be found that form a Community Center. Staff Comment: The subject parcel is cleared of all native vegetation and is adjacent to an exiting single family estate residence. Access to the property is through a privately maintained gate which is part of a walled and landscaped entranceway. This property is considered an infill area that meets the criteria established by Policy 105.2.1 for designation as Tier III. B. Consistency of the proposed amendment with the provisions and intent of the Monroe County, Land Development Code: Page 5 of 11 WTImming/Working Folders/Harvey-Mitch/Giampaoli/Giampaoli Staff Report - PC I 2 1. In accordance with MCC See. 102-158(5), the BOCC may consider the adoption of an 3 ordinance enacting the proposed change based on one (1) or more of the following 4 factors: 5 6 i. Changed projections (e.g., regarding public service needs) from those on which the 7 text or boundary was based; 8 9 None. 10 11 ii. Changed assumptions (e.g., regarding demographic trends); 12 13 None. 14 15 iii. Data errors, including errors in mapping, vegetative types and natural features 16 described in Volume 1 of the Monroe County Year 2010 Comprehensive Plan; 17 18 At the time of Tier designations, the subject property was incorrectly designated as 19 Tier I. Ordinance No. 013-2006 states that "Tier III is appropriate for additional 20 infill development because of the location and amount of existing development in the 21 areas designated and the absence of significant upland native habitat patches." The 22 subject parcel does not contain native habitat. 23 24 iv. New issues; 25 26 The subject property had applications submitted for Tier review and it was 27 determined by the Hearing Officer and the staff committee to have been incorrectly 28 designated as Tier I and met the criteria to be designated as Tier III. Resolution No. 29 148-2006 directed staff to process the amendments based on review of the previous 30 change requests. 31 32 v. Recognition of a need for additional detail or comprehensiveness; 33 34 The subject property contains no native habitat and does not meet the Tier I criteria as 35 specified in Section 130-130(c)(1) of the Monroe County Code. 36 37 vi. Data updates; 38 39 The Monroe County's native habitat maps indicate that there are no protected species 40 located within the subject property which supports the proposed change from Tier I to 41 Tier II. 42 43 2. In accordance with Section 130-130(c)(1) of the Monroe County Code, Tier I 44 boundaries shall be delineated to include one or more of the following criteria and shall 45 be designated Tier I: 46 Page 6 of 11 W:Planning/Working Folders/Harvey-Mitch/Giampaoli/Giampaoli Staff Report - PC I a. Vacant lands which can be restored to connect upland native habitat patches 2 and reduce further fragmentation of upland native habitat. 3 4 Staff Comment: The subject property is separated from native habitat to the east 5 by water and a riprap seawall. The subject property is separated from native 6 habitat to the north by a concrete wall and Old County Road 4A. 7 8 b. Lands required to provide an undeveloped buffer, up to 500 feet in depth, if 9 indicated as appropriate by special species studies, between natural areas and 10 development to reduce secondary impacts. Canals or roadways, depending on 11 width, may form a boundary that removes the need for the buffer or reduces its 12 depth. 13 14 Staff Comment: Old County Road 4A to the north and the water and riprap 15 seawall to the east removes the need for a buffer 16 17 c. Lands designated for acquisition by public agencies for conservation and 18 natural resource protection. 19 20 Staff Comment: The subject property is not designation for acquisition by 21 Florida Forever or the Monroe County Land Authority. 22 23 d. Known locations of threatened and endangered species, as defined in section 24 101-1, identified on the threatened and endangered plant and animal maps or the 25 Florida Keys Carrying Capacity Study maps, or identified in on -site surveys. 26 27 Staff Comment: There are no identified threatened and endangered plant and 28 animal species located on the subject property. 29 30 e. Conservation, native area, sparsely settled, and offshore island land use 31 districts. 32 33 Staff Comments: The subject property has a Urban Residential Mobil (URM) 34 land use district map designation and a Future Land Use Map designation of 35 Residential High (RH). 36 37 f. Areas with minimal existing development and infrastructure. 38 39 Staff Comments: The subject property was a former mobile home park and is 40 completely cleared of native habitat. The adjacent property to the west contains 41 an single family estate. 42 43 Staff Recommendation: The subject property does not meet the Monroe County Code 44 criteria for Tier I designation 45 46 C. Consistency with the Principles for Guiding Development in the Florida Keys Area of 47 Critical State Concern: 48 Page 7of11 W:Planning/Working Folders/Harvey-Mitch/Giampaoli/Giampaoli Staff Report - PC I For the purposes of reviewing consistency of the adopted plan or any amendments to that 2 plan with the principles for guiding development and any amendments to the principles, 3 the principles shall be construed as a whole and no specific provision shall be construed 4 or applied in isolation from the other provisions. 6 (a) To strengthen local government capabilities for managing land use and 7 development so that local government is able to achieve these objectives without the 8 continuation of the area of critical state concern designation. 9 (b) To protect shoreline and marine resources, including mangroves, coral reef 10 formations, seagrass beds, wetlands, fish and wildlife, and their habitat. 11 (c) To protect upland resources, tropical biological communities, freshwater wetlands, 12 native tropical vegetation (for example, hardwood hammocks and pinelands), dune 13 ridges and beaches, wildlife, and their habitat. 14 (d) To ensure the maximum well-being of the Florida Keys and its citizens through 15 sound economic development. 16 (e) To limit the adverse impacts of development on the quality of water throughout 17 the Florida Keys. 18 (f) To enhance natural scenic resources, promote the aesthetic benefits of the natural 19 environment, and ensure that development is compatible with the unique historic 20 character of the Florida Keys. 21 (g) To protect the historical heritage of the Florida Keys. 22 (h) To protect the value, efficiency, cost-effectiveness, and amortized life of existing 23 and proposed major public investments, including: 24 1. The Florida Keys Aqueduct and water supply facilities; 25 2. Sewage collection and disposal facilities; 26 3. Solid waste collection and disposal facilities; 27 4. Key West Naval Air Station and other military facilities; 28 5. Transportation facilities; 29 6. Federal parks, wildlife refuges, and marine sanctuaries; 30 7. State parks, recreation facilities, aquatic preserves, and other publicly owned 31 properties; 32 8. City electric service and the Florida Keys Electric Co-op; and 33 9. Other utilities, as appropriate. 34 (i) To limit the adverse impacts of public investments on the environmental resources 35 of the Florida Keys. 36 0) To make available adequate affordable housing for all sectors of the population of 37 the Florida Keys. 38 (k) To provide adequate alternatives for the protection of public safety and welfare in 39 the event of a natural or manmade disaster and for a post disaster reconstruction plan. 40 (1) To protect the public health, safety, and welfare of the citizens of the Florida Keys 41 and maintain the Florida Keys as a unique Florida resource. Page 8 of 11 W:PlanninglWorking Folders/Harvey-Mitch/Giampaoli/Giampaoli Staff Report - PC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Staff Comment: The proposed amendment consistent with the Principles for Guiding Development as a whole and is not inconsistent with any one principle. D. Florida Keys Carrying Capacity Study: The Florida Keys Carrying Capacity Study suggests four main guidelines for future development in the Florida Keys: 1. Prevent encroachment into native habitat. Staff Comment: The subject property presently contains no native habitat. The property to the west contains an existing single family estate. There is presently native habitat located to the north and east of the subject property. The land located to the north is presently buffered from the subject property by a wall, maintained landscaping, and Old County Road 4A. The land to the east is presently buffered by a riprap seawall. Designation of this property as Tier III will therefore have minimal impact upon the native habitat located on adjacent properties. 2. Continue and intensify exiting programs. Staff Comment: The subject property is not targeted for acquisition by Florida Forever or the Monroe County Land Authority. 3. If further development is to occur, focus on redevelopment and infill. Staff Comment: The subject property would promote infill development in a manner consistent with the character of the surrounding area. 4. Increase efforts to manage the resources. Staff Comment: Monroe County relies on land acquisition to effectively manage native habitat. The subject property is not targeted for acquisition by Florida Forever or the Monroe County Land Authority. E. Impact on Community Character: The subject parcel is a former mobile home park that is presently vacant. The adjacent property contains a single-family estate. The subject parcel does not contain native habitat. Designation of the subject property as Tier II will be consistent with the character of the developed single family properties that are presently located to the west of the site along the south side of Old County Road 4A. Staff Evaluation: The proposed amendment from Tier I to Tier III can be supported for the following reasons: Page 9 of 11 W:Planning/Working Folders/Harvey-Mitch/Giampaoli/Giampaoli Staff Report - PC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 • The property is consistent with the Tier III designation as defined by Policy 105.2.0 of the Monroe County Year 2010 Comprehensive Plan. • The property is not consistent with the Tier I designation as defined by Section 130- 130(c)(1) of the Monroe County Code. • The proposed tier amendment is consistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern. • The proposed tier amendment is consistent with the four tenets of the Florida Keys Carrying Capacity Study. VI. FINDINGS OF FACT (1) MCC § 102-158(5)b 3 allows the Board of County Commissioners to consider adopting an ordinance to enact map changes under six conditions: Changed projections; Changed assumptions; Data errors; New issues; Recognition of a need for additional detail or comprehensiveness; and Data updates. (2) Monroe County accepted applications from various property owners requesting review of Tier designations for specific properties in unincorporated Monroe County. (3) The Hearing Officer and Staff Committee made Tier change recommendations based on review of those applications. (4) The BOCC instructed County staff to process the amendments to the Tier Overlay District Map based on the changed recommendations. (5) Direction given by the Florida Administrative Commission prevented incorporation of those changes to the Tier Overlay District Map at the time of adoption of the Overlay Map. (6) The Monroe County Development Review Committee reviewed the proposed tier amendment request on June 9, 2009 and recommended that the Planning Director submit the tier amendment to the Monroe County Planning Commission. (7) The Monroe County Planning Commission reviewed the proposed FLUM amendment on June 24, 2009. Following public testimony and discussion, the Planning Commission voted to recommend approval to the Monroe County Board of County Commissioners. VII. CONCLUSIONS OF LAW 1. The initial Tier I designation for the subject parcel was incorrect. 2. The subject parcel meets the criteria established for designation as Tier III. 3. The proposed amendment is consistent with four tenets of the Florida Keys Carrying Capacity Study. Page 10 of 11 W:Planning/Working Folders/Harvey-Mitch/Giampaoli/Giampaoli Staff Report - PC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 4. The proposed amendment is consistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern. VII. RECOMMENDED ACTION Staff recommends approval to the Monroe County Board of County Commissioners.. 1I/IIE:MtoVU01:131 WoK 1. Recommendation of Special Master, July 1, 2005 2. BOCC Resolution No. 148-2006 3. Letter from Andrew Omer Trivette, dated September 6, 2006 4. Property Survey 5. Tier Map Page 11 of 11 W:Planning/Working Folders/Harvey-Mitch/Giampaoli/Giampaoli Staff Report - PC ORDINANCE NO. -2009 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING A REQUEST BY PETER G. AND ELIZABETH C. GIAMPAOLI TO AMEND THE TIER MAP OVERLAY DESIGNATION FROM TIER I TO TIER III OF PROPERTY LEGALLY DESCRIBED AS LOT 35, SUGARLOAF KEY RESUBDIVISION AND RESURVEY OF GOVERNMENT LOT 1, SUGARLOAF KEY, MONROE COUNTY, FLORIDA, HAVING REAL ESTATE NUMBER 0019360-000100; PROVIDING FOR SEVERABILITY AND REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE SECRETARY OF STATE AND THE DEPARTMENT OF COMMUNITY AFFAIRS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, during a regularly scheduled public meeting held on July 15, 2009, the Monroe County Board of County Commissioners conducted a review and consideration of a request filed by Kieran Mahoney on behalf of Peter G. and Elizabetih C. Giamapoli, to amend the subject property's current Tier Map Overly designation from Tier I to Tier III; and WHEREAS, in the tier map amendment application to the Planning & Environmental Resources Department, the Applicant requested that the current Tier Map Overlay designation for the parcel identified as Real Estate Number 0019360-00100 be amended from Tier I to Tier III; and WHEREAS, at its June 24, 2009 meeting in Marathon, the Monroe County Planning Commission reviewed the application and recommended approval of a request filed by Kieran Mahoney on behalf of Peter G. and Elizabetih C. Giamapoli, to amend the subject property's current Tier Map Overly designation from Tier I to Tier III; as indicated in PC Resolution P -09; and WHEREAS, the subject property is located at 16820 Old State Road 4A, Sugarloaf Key and is legally described as Lot 35 Resubdivision and Resurvey of Government Lot 1, Sugarloaf Key, having Real Estate Number 0019360-000100; and WHEREAS, based upon the information and documentation submitted, the Planning Commission makes the following Findings of Fact and Conclusions of Law: 1. §102-158(a) of the Monroe County Code maintains that map amendments are not intended to relieve particular hardships, nor to confer special privileges or rights on any person, nor to permit a change in community character, as analyzed in Monroe County Year 2010 Comprehensive Plan, but only to make necessary adjustments in light of changed conditions; and 2. Pursuant to § 102-158(d)(5)b of the Monroe County Code, the Monroe County Board of County Commissioners may consider the adoption of an ordinance enacting the proposed change based on one (1) or more of the following factors: (i) Changed projections (e.g., regarding public service needs) from those on which the text or boundary was based; (ii) Changed assumptions (e.g., regarding demographic trends); (iii) Data errors, including errors in mapping, vegetative types and natural features described in volume 1 of the plan; (iv) New issues; (v) Recognition of a need for additional detail or comprehensiveness; or (vi) Data updates; and 3. Map amendments shall be consistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; and 4. The map amendment is consistent with the provisions and intent of Chapter 102 of the Monroe County Code: a. MCC Section 102-158 prohibits any map amendments that would negatively impact community character. b. MCC Section 102-158(a) maintains the map amendment is not intended to relieve particular hardships, nor to confer special privileges or rights on any person, nor to permit a change in community character, as analyzed in Monroe County Year 2010 Comprehensive Plan, but only to make necessary adjustments in light of changed conditions. Page 2 of 4 c. The proposed current land use designation will not adversely affect natural resources. d. The proposed current land use designation will not adversely effect traffic circulation. e. The proposed current land use designation amendment will not adversely effect solid waste. f The proposed current land use designation amendment will not adversely effect potable water. g. Staff has determined that the proposed Tier map amendment is consistent with MCC Sec. 102-158(d)(5)b: (iii) Data errors; and 5. The proposed map amendment is consistent with the Principles for Guiding Development and not inconsistent with any principle in the Florida Keys Area of Critical State Concern; and WHEREAS, during a regularly scheduled public meeting held on July 15, 2009, the Monroe County Board of County Commissioners conducted a review and consideration of a request filed by Kieran Mahoney on behalf of Peter G. and Elizabeth C. Giampaoli, to amend the subject property's current Tier Map Overlay designation from Tier I to Tier III for the subject property located at 16820 Old State Road 4A, Sugarloaf Key, legally described as Lot 35, Resubdivision and Resurvey Government Lot 1, Sugarloaf Key, having Real Estate Number 0019360-000100;. NOW THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. The Board specifically adopts the findings of fact and conclusions of law stated above. Section 2. The previously described property, which is currently designated Tier I shall be designated Tier III as shown on the attached map, which is hereby incorporated by reference and attached as Exhibit 1. Section 4. If any section, subsection, sentence, clause, item, change or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 5. All ordinances or parts of ordinance in conflict with this ordinance are hereby repealed to the extent of said conflict. Page 3 of 4 Section 6. This ordinance shall be filed in the Office of the Secretary of State of the State of Florida, but shall not become effective until a notice is issued by the Department of Community Affairs or Administration Commission approving the ordinance. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 15`h day of July A.D., 2009. Mayor George Neugent Mayor Pro Tern Sylvia Murphy Commissioner Kim Wigington Commissioner Heather Carruthers Commissioner Mario Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA lH•1 (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK Mayor George Neugent MONROE COUNTY ATTORNEY AP!!D AS RM [Oslo: Page 4 of 4 RECOMMENDATION OF SPECIAL MASTER RE: BLADES, JACK E. and MICHELLE B. Application for a boundary amendment to the Conservation and Natural Area (CNA): RE #00119320-0000000, RE# 00119330-0000001, RE# 00119340-000000, RE# 00119360-000000, RE# 00119370- 000001 and RE# 00119380-000001 — Sugarloaf Key, formerly known as the "Patch Property" - (approximately 6.58 acres) These parcels are located between the Atlantic Ocean and Old State Road 4A on Sugarloaf Key. Together they comprise approximately 6.58 acres and are developed with several residences. The properties are not designated for acquisition by the Florida Forever Lands Acquisition Program, except for what appears to be a submerged boat basin. There is some mangrove fringe along the shoreline. The properties are within the sparsely settled SS Land Use District, although the most Easterly property Is within the Urban Residential Mobile Home Land Use District. Because these areas are developed, and are separated from the natural areas to the North by Old State Road 4A, and because there is complete infrastructure to these lots and because the property is bounded on all other sides by water and development, It is the my recommendation that the petition be granted and these properties be deleted from the CNA designation. t Thomas D. Wright Monroe County Special Master Dated: July 1, 2005 RESOLUTION NO. 14-- 8-2006 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMIISSIONERS DIRECTING GROWTH MANAGEMENT DIVISION STAFF TO PROCESS AMENDMENTS TO THE ADOPTED TIER OVERLAY MAP BASED ON REVIEW OF PREVIOUS CHANGE REQUESTS. WHEREAS, the Monroe County Board of County Commissioners, during seven public hearings held in December 2004, January, February, March, April, May, and June 2005, reviewed and considered the proposed amendments to utilize the Tier overlay maps as the basis for the ROGO point system, considered Planning Commission, staff recommendations, and public comments; and WHEREAS, the Monroe County Board of County Commissioners makes the foIIowing Findings of Fact: I. The Board of County Commissioners directed staff to prepare text and map amendments in Ordinance No. 018-2004 adopted June 16, 2004, to include Tier Overlay Map designations in accordance with Goal 105 and revisions to ROGO based on the Tier system utilizing a positive approach that predominately relies on land dedication and aggregation. 2. Goal 105 provides a framework for future development and land acquisition for the next 20 or more years, called the "Tier System", that considers the carrying capacity of the Florida Keys, reduces sprawl and promotes sustainability. 3. The designation of Tiers will be implemented through an overlay of the County's Land Use District Map, that will be referred to as the "Tier Overlay District NW'in in the County Code. 4. The adoption and amendments to the Tier Overlay District Map will be in accordance with procedures for amending the Land Development Regulations in Section 9.5-511, Monroe County Code. 5. Previous to adoption of the Tier Overlay District Maps, Growth Management Division staff accepted applications from various property designations for specific properties in unincorporatedowners to review the tier Monroe County. 6. The review of these requests went to a Special Master Hearing who made recommendations on the proposed changes. 7. Growth Management Division staff reviewed and also made a recommendation for for the submitted applications. PATWATia Rewludon.doc Page 1 of 2 8. Growth Management Division Staff have additional recommendations for amendments to the designations. 9. Due to the direction given by the Florida Administrative Commission (which consists of the Governor and Cabinet), staff was unable to incorporate changes to the Tier Overlay District Map for the properties above. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Growth Management Division staff is directed to process amendments to the Tier Overlay District Maps for the properties described in Exhibit A. Section 2. The amendments will be processed without fee to the property owners of the properties described in Exhibit A. Section 3. The amendments will be processed consistent with the procedures for changing Tier Overlay District Maps. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a special meeting held on the 15th day of March , 2006. Mayor Charles "Sonny" McCoy Mayor Pro Tern Murray Nelson c Commissioner Dixie Spehar c tXw4missioner George Neugent t. �Owmissioner David Rice LU Q JV� LL-U - U _ Not Present Yes Yes Yes Nat! Pregant BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY(Z-A MAYOR PRO TEM zfm PATierMer ResoMon.doc Page 2 of 2 ROE Staff Recomended Changes to flier Overlay System Exhibit A 114M 114090.0001 114120 114150 114150.0004 117510.00019ta999 117510.0004 118210 119280 119270 119280 119300 119310 110320 119330 119M 119340.0001 119350 119350 119370 119370.0001 119380 171130 Ramrod Key Ramrod Key Ramrod Key Ramrod Key Ramrod Key Sugarloaf Key SW~Key Sugarloaf Key Sugarloaf Key Sugarloaf Key Sugarloaf Key Sugarloaf Key Sugarloaf Key Sugarloaf Key Sugarloaf Key Sugarloaf Key Sugarloaf Kay Sugerloet Key Sugarloaf Key Sugarloaf Key Sugarloaf Kay Sugarloaf Key Sugarloaf Key Starr Added Staff added Staff Added Staff added Krause Mkiga doily Stair Added AIE, INC Staff Added Staff Added Staff Added Clureme Keevan Staff` added Jack Blades Jack Blades Jack Blades Staff Added Staff Added Jack Blades Jack Blades Staff Added Jack Blades William Smith EM nMrndey` Afenrlr 02, 2AM - ... . - , BrAft A. Afeaft Da&. AfevrA 14 2"d pwfe 7 °f J SAffA'Cararar pmaiff..rew Agpr -- �„ —W.L tJC,. JJ anoIyO/445 CREATH PAGE 01/02 County of Monroe Growth Management Division 2798 Ova HWWALVv Suite 8430 Marathon.l:L 33030 Voice: (303) 2W2300 FAX: (303) 2S9.2536 We strive so be 4"ft profeltsAwd and jWr September 6, 2DOti lack blades 16980 (NA Stave Bead 4A Sugarloaf Key. A 33M Board of COUBU Com-bdoners UJOW C'huics McCoy, Dist 3 M4yor ho Tem Dixie Spehar, Dist. I Georp Neumt, Aiac 2 MWIO Df QWWO. Dist. 4 (dean li'aetoa, Dust. S RR- Letter of Curnest Stile Conditions for Lot 35 (Re-subdivaioa of Go van a nt Lot 1), Supdeef Kip PAW $some No. W1I9360.000000 Dear Mr. Blades: As requested, the abovrre[rranced lot has been reviewed for site conditions porsung to current Monm County land DevdopaaeW Replmd roc (LDRs) and the Momw County Y—x 2010 Comprdtpt wwq Plain. The fallowing kFpypwft n details dte ROGO pnocen for building a pdRdpal stra tttue on this lot All ctf the ROGO soaritlg tetsgorin are not addmesed in ibis fetter. Please note that at the time ft letter enr vnw drafted lots 35 and 34 pro combinod under unity of tfale. Lot 35 may not be developed as a separate entity until ft is separated from Lot 34. This letw is wnttm bored on em assumpb= that this separsd on. will occur prior to subatni W of development application. A mtra visit detmmdned dmt *a parcel to a buildable upland acreage lot located within mrirtcaepomted Mauve County. The lot doss gwdffy for phis wen (+5) poinb under the' nuclure Availabdityr" a ibvit a of line ROGO scoring system The ofcml Monroe C)D" habitat map (pa:tal no. 71) dasigrtatm tiw area as "Disturbed'. flawed on the site visit staff does concur with *do designation. The pond a not designated as wedarW by the official Moau+oa County wudand nape. Staff found no wed" vegetation and no other bditatass such.os anal Vow or hydric salt, on the ft* this does not meet the Slate of Florida statutes for wetb nd criteria and data will not be considered a wedoral by Morse County. Please be advised that dw Army Corps of 13ngbpp n (ACOE) dos not nriliaa Flerlde 9taie wedand criteria and may regutre mitiption tar development Smd on these exi dkW cerabdons the parcel Ould receWe positive one (+1) under *a "Habitat Protection* criterim of the ROGO scoring system. Monroe County code dictates that a parcel daignaied as 'Disturbed" shall batve an open span nquirenvm of twenty pa%) percent for the esndre lot Open space is the area drat to required to remain unobstructed from lend to sky. Vegetation io not considered to be an obstractim. This parcel is located in die "Urban Resfdentful Mobile Horne" (URM) land use district as irLdkeled an pager V2 of the Monroe County land Use District Maps. W&d n the I" use district of URM Momm l OUnty coda allows a daa ley of five (5) single family dwelling units per acre, provided that the site is a licensed RV or tomobife home parr, or I unit per lot without the prper lta WM& Curt+ently Lot 35 artd Lot 34 are aombbtad undo unity of No slat the RV spaces and park designation allowing this uncrossed dimity of 5 unibr per acme stye assoch"d wl& Lot 34. If the Iota an separated for sale the density bonus will not apply to Lot 35 ad it will be held to tine density of I single family u of per arse. Any pdac4 l sbucture must maintain a minimum front setback of twenty five (26) feet frown dw property line, ozw side setback of ffvnr (5) feet Irma the property line and the other side at tarn (10) fact, and a rear setback of twenty (20) het from the pwperty line in this land use district A shoreline setback of twenty (atf) feet will apply as this site has an ahsred shoreline adjaeesnt to a awn made canal, channel or basin. Setbacks an atemuzed to tine hwthm extenvion of the bWMjng, whether it is the roof line, a su&way, porch, or deck. the maximum permitted height of a house is shirts+ Ono (35) feet to the peak of the roof, as measured firom the pre- consmution grade on the lot or the crown of the adjacent roadway. ➢W r oil W: loaf lCsy Lot 3S Supdod iieseb t101193do.dw a�i a ui �e7ni dt?: 55 3857457445 MATH PAGE 02/02 Congruentwith tw currt'nt>artd apse for 'rat County ind+�des oafs Pa r l a, theiiMi lmW High ignatiOn of URM and WA continua to 84*w for an& fimgy dc alopmen t. T11b win be Thb �p� 0 apt by sQveral flood zest,% AE•11, V&73, and V&13 and is Shawn tat "Col WWftKPrWam Flood humnce Rate Map (F7Rw? i1x pat+aei .round FUW ru:mbaar 1�K of the NatiMW ouM the vh amu Huard Areal" crlEarion of die R�GO scoring o Th if the d w ��D °M past 0) under the criierim pad' If " could not be acwanplWed a score of I ? be o�uld wiih awarded under Thy Pftv*l aontairn a m= of natfve MW exotk vegctatioat. Some of tote radive trees MAW shall be aaitigp� s! a ratio of z 1. This lot is predamirlately distuarbcd area wick �7ebt on sift or if fury are removedveget Ork will be pro�� by t}te MmIdine aetba& savereI exotic C000rtut Palau. Any sl�orelirte issuance of a COp of OCMPatuty on the property. �varive exotic vegebaiiot! must be removed from the she pejo r to the The official MCI" Cwnty P.ndanrmd $P�s (map # 7) eta probable habitat for any threatened or Ps indicate drat this prapvrty is not under the me A sP Thus OIW �tt on this parcel shall seaeive zero 1 ft" '"Threatened or Find " criterion of due ROGO scoring systam CdW -E points are aQba under ' o" ria. �ttan" "Land DedhatI tt", "Water 'Energy Ca�t#ttan .and Sttuetetral Manrve County prob6tts affordable housing fman parcel would receive _ phoW a area that is considered MWkae>xenm landdt5kI& of URM the to 9 site b °f ROGO . hwever this paw firm o requirement dun to itus bdi use acCepEnble &r affardab�e h u Wog affanlable hiD��S tx arse satisfied. if all of the Plena note that renfsiom to the ctatseitt IX000 syste>zt are pend� and the purls r ueued above are subject to dWwW with �ho" reviafans. Tltid p 1 fai 1a vv tl & the'Ticr 1' bettatt suited far miVMvatiort as appoeed ba tgtad °�" °4SVhz served Ear arm wMdi are sesohrtloet (1�-?A06j wag FMW by && RDCC to '110 ► *0 to anon �as a lop � of th&anWe '1Yer IWWdou Pracde a$ 3mplen2ft" ian aE the Tler Sys, "M above rde CKId p,� is induded in awn i47 ink for pa* hum MOr I to TW 3 (AweWpmen} Tier}. TI* cfr� nr will be ftcompUdwdandmg cosnat SdOn upd tlra SOCC Adt►aditMWq for these ft*UO PubRe .rah both the hea WS daKs. rw rau m hdaral♦ on an dangesObW will be placed In local Mrspe� prior to htt /www.mo roetaunty.�aN 1 t" p°�' aIt rasall of the Tier By,&= pbeaae vial! a3,tl�a This document io for bnfot'ioa�ral p �,• It does rear assign Or gwrrur,tae an devet Id, rights. 71* inEcnQ C=ahled hMrirt is acctaa4 as of rile date of dell tg of `° pwjence andmOuEject toarM• ( you haver any goe:tiarts regttrdirg these lam. or if YM&equim f pxtlter ('.� 2$9.25dp please do not hesitptr to contact ar►e at AxkJrew Cater TrIvette Sr. Admh*tmtw of ];m4unmental project cc Coruna Robertsom Admfre stroOm Anisbot Pile Pais z of 2 w:WnvireaneatWUJC5G1M.zr:i*3dPrtoaf Kry Lot 35 Susan Bt&d 00119360. dw PREPARED FOR AND CERTIFIED TO: Pete Giampaoli gj- t,;-- P��y�i �A10 Sd R 3� Lp rj.R S i aT 3 7 1P f rca- •- -1h — em•-:. L- 1 1-or 34 I f-P 3ry.e1 —Ty S7N04L�J o.... *rR e....r�r.+ 4• F�reY c-.I .+acr. a. O� ylw�rr r.r• .arc. ronan,rrr Q w�.- MCAT-R .•�/r F�•o,RI ay � 1M' away pfyt w IObG3 a- MIA' hmlakaeAU0 %-61dhWt.1W=. '. Ir boa Im 0"obwu I .faae'II edAit.aAM) badrei � hr bud aaa ee o b-- bmi No ed "UhN t-�r6e9 11' - peywry liw Ir inset afsrve P'i•P,id diae.,�Wn LIW A�pFaRwl �mel�.r fn -r4liry Wk d (RrR=m1,+mr6.+ f.o31-Falaters.ovie{ PUMIM,. wdlewe 9Gw ,anAw M,o.Vs).-29 w k•aal.an Po �,...� reow cm.wwe WiN.-ore Yp wee r Y pprda.r yd now a. Print s.rgii iowl 6.r. a 1idY lMwWr fir s� 0 4� a e ,� Mats A HOi1ND]IRY SAVES OF: Lots 35 and 36, according to the Dependent Resurvey and Subdivision of Government Lot 1, Section 14, Township 67 south, Range 27 east, Lower Sugarloaf Aey, Monroe County, Florida,AND the filled submerged ' lands contiguous to the south of ' Lot 35, and described by C8kTIFI- ��• CATE,Recorded in Official Records b Book 1406, at Page 2071, of the Public Records of Monroe County, b v Florida. < SURVEYORS SPECIAL NOTE Upon Review of the Monroe County Land Use and Habitat Maps, I conclude the following: Lot 35 as shown upon this survey map, is Designated as"URM", and there exists No habitat, and No protected Species. This L t yipesn to ba id Flood 7meA9 EVE Harold L. Overbeek vAth a btw Rood eWgxde6 Ot In-rr-n &K RwoWn d Lead SLrvgor F.LILKNo.1620BuaoawvadDr siS Floe Kq, FL 33043 BENCHMARK: a.o r -07 p 30S-0724763 Fn 872.7146 Cox.(JA i sr1.err-.4 1--reg. There are no above roww eonoacbmaab that we ens shows, Zernficadoa, busby certify that this sun ey mecu the Minimum Regttiremeabl of OmpDQ SiG 17�, Flonda Admiaiui»vs Cage, Ptttsumm to Section 472.027, Of the tort es. SURVEY NOT VALID IF NOT SEALED WITH A RAISED FFuold L OvaVeck E11S No. 2912 SURVEYORS SEAL. 1]et! I - 5• o B tom. s.enea �4 r..i �� ,,t1aMe Z7 Na. a7,3¢ r