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05/04/2011 Special2011/71 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Special Meeting Board of County Commissioners Wednesday, May 4, 2011 Marathon, Florida A Special Meeting of the Monroe County Board of County Commissioners convened at 5:01 P.M., at the Marathon Government Center. Present and answering to roll call were Commissioner Sylvia Murphy, Commissioner George Neugent and Mayor Heather Carruthers. Absent were Commissioner David Rice and Commissioner Kim Wigington. Also present at the meeting were Roman Gastesi, County Administrator; Debbie Frederick, Assistant County Administrator; Suzanne Hutton, County Attorney; Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; County Staff, members of the press and radio; and the general public. PRESENTATIONS The Board, Growth Management Director Christine Hurley; and County Administrator Roman Gast:esi recognized Staff and members of the Tier Designation Review Committee for their hours of work on the tier designation review process. Members of the Tier Designation Review Committee are as follows: Julie Cheon, Environmental Consultant; Randy Grau, Richard Grosso, Amy Phillips and Winston Hobgood. Crystal awards were presented to the following Staff members: Mayra Tezanos, Executive Assistant; Susan Grimsley, Assistant County Attorney; Townsley Schwab, Senior Director - Planning and Environmental Resources; Michael Roberts, Senior Administrator (Environmental); Tiffany Stankiewicz, Development Administrator; Kathy Grasser, Comprehensive Planner; Bryan Davisson, Senior GIS Planner; and Dr. Phil Frank, Ph.d - Monroe County consultant with Terramar Environmental Services, Inc. ADDITIONS, CORRECTIONS, DELETIONS Item A There were no Additions, Corrections or Deletions made to the Agenda. GROWTH MANAGEMENT/PUBLIC HEARINGS Item B 1 The second required Public Hearing was held to consider an Ordinance by the Monroe County Board of County Commissioners assigning, amending or ratifying the Tier Overlay District Designations for approximately ninety-two (92) parcels competing for building permits in the rate of growth ordinance (ROGO) allocation system. The proposed designations are based on changes made to the Tier Overlay District (Chapter 130-130 of the Monroe County Land Development Code) in accordance with the Final Order in DOAH Case No. 06-2449GM. Item B2 The second required Public Hearing was held to consider an Ordinance by the Monroe County Board of County Commissioners assigning Tier Overlay District Designations to 2011 /72 approximately one hundred ten (110) parcels determined to have no Tier on the Tier Overlay District map(s) and which have been awarded an allocation in the ROGO competition OR have been issued a building permit. The proposed designations are based on changes made to the Tier Overlay District (Chapter 130-130 of the Monroe County Land Development Code) in accordance with the Final Order in DOAH Case No. 06-2449GM. Item B3 The second required Public Hearing was held to consider an Ordinance by the Monroe County Board of County Commissioners assigning Tier Overlay District Designations to approximately two thousand eight hundred ninety one (2,891) parcels determined to have no Tier on the Tier Overlay District map(s) due to the removal of their previous Tier designation as a result of the challenge. The proposed designations are based on changes made to the Tier Overlay District (Chapter 130-130 of the Monroe County and Development Code) in accordance with the Final Order in DOAH Case No. 06-2449GM. Item B4 The second required Public Hearing was held to consider an Ordinance by the Monroe County Board of County Commissioners amending or ratifying the Tier Overlay District Designations for approximately three hundred one (301) parcels proposed for review by the BOCC, staff or owners in Resolution No. 148-2006 dated March 15, 2006, which parcels currently have a Tier designation. The proposed designations are based on changes made to the Tier Overlay District (Chapter 130-130 of the Monroe County Land Development Code) in accordance with the Final Order in DOAH Case No. 06-2449GM. Christine Hurley, Growth Management Director discussed background information and history of the Tier I, Il, I11 and IIIa designations. For the record, replacement pages of the notebook were handed out - Exhibit 2 of the Staff report had a replacement consisting of a new printout and pages 10, 24 & 25 of the Staff Report were amended. Susan Grimsley, Assistant County Attorney qualified as expert witnesses, Michael Roberts - Senior Administrator (Environmental) and Dr. Phil Frank, Ph.d - Monroe County consultant with Terramar Environmental Services, Inc. Mr. Roberts and Dr. Frank provided their educational background and work experience. Mr. Roberts discussed details of the TIER DESIGNATION Volume I and II Notebooks and the TIER DESIGNATION Information Notebook. Danny L. Kolhage, Clerk of the Court swore in the following public speakers who signed up to address/testify before the Board: Tim Bricker, representing property owners - Constantino Quiros for Real Estate #: 00510450-000000 and Magdalena Cabezas for Real Estate #: 00510460-000000, Map Series Page 5. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Murphy to re-establish the properties a Tier 3 Designation. Motion carried unanimously. 2011/73 Sharon Albury, for Real Estate #s: 00480640-000000 and 00480650-000000, Map Series Page 33. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Murphy approving Staff s recommendation to establish the properties a Tier 3 Designation. Motion carried unanimously. Owen Trepanier, representing property owner - Key Cow, LLC, for Real Estate #: 00123900-000000, Map Series Page 86. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Neugent approving the Tier Designation Review Committee, Planning Commission and Staff recommendation to establish the property a Tier 1 Designation.. Roll call vote was unanimous. Owen Trepanier, representing property owner - Parcels B and C, LLC, for Real Estate #: 00123910-000000, Map Series Page 86. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Murphy approving Staff s recommendation to establish the property a Tier 1 Designation. Roll call vote was unanimous. Dennis Daley, representing property owner - Farina Richard for Real Estate #: 00210080-000000, Map Series Page 57 and property owner - Farina Salvador for Real Estate #: 00210090-000000, Map Series Page 57. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Murphy approving Staffs recommendation to establish the properties a Tier 1 Designation. Roll call vote was unanimous. Manuel and Patricia Cruz, for Real Estate #: 00448470-000000, Map Series Page 35. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Murphy approving the Tier Designation Review Committee and Staff s recommendation to establish the property a Tier I Designation. Roll call vote was unanimous Marlene Lundy, for Real Estate #: 00445680-000000, Map Series Page 35. After discussion, emotion was made by Commissioner Murphy to designate the property a Tier 3. Motion died for lack of a second. Motion was then made by Commissioner Murphy and seconded by Commissioner Neugent to continue the item to tomorrow, May 5, 2011 at 1:00 p.m., so that the property could be re-evaluated by a County biologist. Motion carried unanimously. (This item is discussed later in the meeting and voted upon). William N. and Bonnie M. Coffin, for Real Estate #s: 00490160-000000, 00451220-0100000, and 00490130-000000, Map Series Page 38. The properties are designated Tier 3 and were not changed. No official action was taken. Norman Wartman, representing property owner - Molasses Reef Marina Corp., Real Estate #: 00090490-000000, Map Series Page 25. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Murphy to designate the northern half of the property a Tier I and the southern half of the property a Tier 3. Motion carried unanimously. Robert J. Vallis, for Real Estate #: 00222360-000000, Map Series Page 53. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner 2011/74 Murphy approve Staff s recommendation to designate the property a Tier 3. Motion carried unanimously. Maya Thomas, for Real Estate #s: 00210480-000000 and 00210490-000000, Map Series Page :57. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Murphy approving the Planning Commission and Staff s recommendation to designate the properties a Tier 3. Motion carried unanimously. The Board further discussed the Marlene Lundy item - Real Estate #: 00445680-000000, Map Series Page 35, rather than continuing it to tomorrow - May 5, 2011 at 1:00 P.M., as agreed upon via a motion made earlier in the evening. Michael Roberts - Senior Administrator (Environmental) and Dr. Phil Frank, Ph.d - Monroe County consultant with Terramar Environmental Services, Inc., addressed the Board. Mr. Roberts and Dr. Frank focused on the Planning Commission's Policy in relation to a certain subdivision which they felt met the Tier 3 criteria which is a different recommendation by Staff and the Tier Development Review Committee. Staff accepted the expert testimony of Dr. Phil Frank, Ph.d. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Neugent to designate the property a Tier 3, based upon evidence produced today and not previously made available. Roll call vote was unanimous. The Board discussed the Exhibit II Spreadsheet with 19 "Parcels with Varying Tier Recomimendations" that demonstrates parcels that had different recommendations from the Tier Designation Review Committee, Planning Commission or Staff. MAP SERIES 5 Motion was made by Commissioner Murphy and seconded by Commissioner Neugent granting approval of Staff s revised recommendation to designate the following parcels a Tier 3: Challenge Area 106B: 00510310-000000; 00510300-000000, 00510290-000000 and 00510280-000000. Challenge Area 106A: 00510430-000000, 00510420-000000 and 00510400-0000000. Challenge Area 106C: 00510820-000000, 00510810-000000 and 00510800-000000. Motion carried unanimously. Motion was made by Commissioner Neugent and seconded by Commissioner Murphy granting approval of Staffs recommendation to designate the following parcels a Tier 3A: 2011/75 Area 113B: 00466560-000000, 00466550-000000, and 00466540-000000. Motion carried unanimously. Motion was made by Commissioner Murphy and seconded by Commissioner Neugent granting approval of Staffs recommendation to designate the following parcels a Tier 3: Area 113B: 00468390-000000 and 00468400-000000. Motion carried unanimously. Motion was made by Commissioner Neugent and seconded by Commissioner Murphy to designate the following parcels a Tier 3: Area 113B: 00468430-000000 and 00468420-000000. Motion carried unanimously. Motion was made by Commissioner Murphy and seconded by Commissioner Neugent to designate the following parcels located in the challenge area a Tier 3: Area 113B: 00468310-000000 and 00468320-000000. Motion carried unanimously. Motion was made by Commissioner Neugent and seconded by Commissioner Murphy to rescind the Board's action concerning parcel Ws: 00466560-000000, 00466550-000000 and 00466540-000000. Motion carried unanimously. Motion was made by Commissioner Neugent and seconded by Commissioner Murphy for all parcels located within the defined area of 113B be designated Tier 3 pursuant to Policy 105.2.1(3). Motion carried unanimously. MAP SERIES 10 Motion was made by Commissioner Neugent and seconded by Mayor Carruthers approving the Tier designation of SPA per Planning Commission and Staff s recommendation for the following parcels: 00544590-000000, 00544600-000000, 00544620-000000, 00545100-000000, 00545110-0�00000, 00545200-000000, 00545230-000000, 00545240-000000, 00545250-000000, 00545260-0�00000, 00545270-000000, 00545280-000000, 00545310-000000, 00545320-000000, and 00545330-000000. 2011 /76 Motion carried unanimously. MAP SERIES 12 Motion was made by Mayor Carruthers and seconded by Commissioner Neugent designating the following parcels Tier 3 per Staff recommendation: 00548560-000000 and 00548710-000000. Motion carried unanimously. MAP SERIES 17 Motion was made by Commissioner Neugent and seconded by Mayor Carruthers designating the following parcels Tier 3A per Staff recommendation: 00525110-000000, 00525370-000000, 00526620-000000, 00526630-000000, 00526640-000000, 00526740-000000, 00526750-000000, and 00526760-000000. Motion carried unanimously. MAP SERIES 19 Motion was made by Commissioner Murphy and seconded by Commissioner Neugent designating the following parcel Tier 3 per Staff recommendation: 00453990-000000. Motion carried unanimously. MAP SERIES 20 Motion was made by Commissioner Murphy and seconded by Commissioner Neugent designating the following parcels Tier 3 per Staff recommendation: 00522590-000000, 00522750-000000, 00522570-000000. Motion carried unanimously. MAP SERIES 25 Motion was made by Commissioner Murphy and seconded by Commissioner Neugent designating the following parcels Tier 3A per Staff and Planning Commission's recommendation: Area 135B - Key Largo Yacht Club. 2011/77 Motion carried unanimously. MAP SERIES 29 Motion was made by Mayor Carruthers and seconded by Commissioner Neugent designating the following parcels Tier 3A per prior recommendation and Staff recommendation: Area 142D - 00486700-000000, 00486900-000000, 00486920-000000, 00088590-000000, 00088600-000000; and for parcel 00487120-000000 designate as Tier 3. Motion carried unanimously. MAP SERIES 30 Motion was made by Mayor Carruthers and seconded by Commissioner Neugent designating the following parcel Tier 3A per Staff and Planning Commission's recommendation: 00088570-000000. Motion carried unanimously. Motion was made by Mayor Carruthers and seconded by Commissioner Murphy designating the following parcel Tier 3 pursuant to Policy 105.2.1(3): 00490090-000000, 00490100-000000, and 00490110-000000. Motion carried unanimously. Motion was made by Mayor Carruthers and seconded by Commissioner Neugent designating the following parcels Tier 3 per Staff and Planning Commission's recommendation: Challenge Area ELC 145E: 00484450-000000, 00484460-000000, 00484470-000000, 0484480-000000. Motion carried unanimously. MAP SERIES 33 Motion was made by Commissioner Neugent and seconded by Commissioner Murphy to maintain the designation Tier 3 for the following parcels: 00480640-000000 and 00480650-000000. Motion carried unanimously. 2011/78 MAP SERIES 35 Motion was made by Commissioner Murphy and seconded by Mayor Carruthers designating the following parcels Tier 3: 00447420-000000, 00447450-000000 and 00447460-000000. Motion carried unanimously. Motion was made by Mayor Carruthers and seconded by Commissioner Neugent designating the following parcels a Tier 1 per Staff s recommendation: 00448140-000000, 00448150-000000, 00448380-000000 and 00448470-000000. Motion carried unanimously. Motion was made by Mayor Carruthers and seconded by Commissioner Neugent accept Staff recommendation designating the remaining parcels located inside the challenge area of 147A a Tier 3A, excluding parcels 00447420-000000, 00447450-000000 and 00447460-000000. Motion carried unanimously. Motion was made by Commissioner Murphy and seconded by Commissioner Neugent designating the parcels located in Area 147C a Tier 3 per the Planning Commission's recommendation. Motion carried unanimously. MAP SERIES 40 Motion was made by Commissioner Murphy and seconded by Mayor Carruthers designating the following parcels Tier 3 per Staffs recommendation: 00566010-000000 and 00566300-000000. Motion carried unanimously. MAP SERIES 54 Motion was made by Commissioner Murphy and seconded by Commissioner Neugent designating parcel 00215130-000000 located in Area 371C a Tier 3 per Staff and Planning Commission's recommendation. Motion carried unanimously. MAP SERIES 57 Motion was made by Commissioner Murphy and seconded by Commissioner Neugent for all parcels located in Area 387C be designated Tier 3 per Staff and Planning Commission's recommendation. Motion carried unanimously. 2011 /79 Motion was made by Commissioner Murphy and seconded by Commissioner Neugent for all parcels located in Area 387B be designated Tier 3 per Staff and Planning Commission's recommendation. Motion carried unanimously. MAP SERIES 58 Motion was made by Commissioner Murphy and seconded by Commissioner Neugent for all parcels located in Challenge Area ELC 400A designated Tier 3 per Staff and Planning Commission's recommendation. Motion carried unanimously. MAP SERIES 59 Motion was made by Commissioner Murphy and seconded by Mayor Carruthers designating the following parcels Tier 3 per Staff recommendation: 00114090-000000, 00114090-000100 and 00114120-000000. Motion carried unanimously. MAP SERIES 69 Motion was made by Commissioner Murphy and seconded by Commissioner Neugent for all parcels located in Area ELC 441A designated Tier 3 per Staff recommendation. Motion carried unanimously. MAP SERIES 78 Motion was made by Commissioner Murphy and seconded by Mayor Carruthers designating the Sugarloaf Lodge Property a Tier 3 and the remaining native areas a Tier I for the following parcel: 00118420-000000 Motion carried unanimously. The Board discussed Page 25 in the Memorandum dated April 20, 2011 from Michael Roberts, Sr. Administrator/Environmental Resources and Tiffany Stankiewicz, Development Administrator. MAP SERIES 57 Motion was made by Commissioner Murphy and seconded by Commissioner Neugent designating the following parcel Tier 1 per Staff recommendation: 00210500-000000 2011/80 Motion carried unanimously. Motion was made by Mayor Carruthers and seconded by Commissioner Neugent designating the following parcel Tier 1 per Staff recommendation: 00210811-005600 Motion carried unanimously. Motion was made by Mayor Carruthers and seconded by Commissioner Neugent designating the following parcel Tier 3A per Staff and the Tier Development Review Committee's recommendation: 00445610-000000, 00445660-000000, 00445820-0000000 and 00445970-000000 Motion carried unanimously. Motion was made by Mayor Carruthers and seconded by Commissioner Neugent designating the following parcels 3A per Staff recommendation: 00445980-000000 and 00446940-000000 Motion carried unanimously. Motion was made by Commissioner Murphy and seconded by Commissioner Neugent to adopt the following Ordinances ( Items B1, B2, B3 & B4 ) as recommended by Staff with the changes on specific parcels as recommended by the Commission during the course of the Public Hearings held on March 22, 2011 and May 4, 2011, based on new issues, data updates, data errors, and recognition of a need for additional detail and based on the maps and exhibits presented, the competent substantial evidence presented by Staff and others speaking at the Public Hearing, and the application of the Comprehensive Plan Policies and Land Development Code. ORDINANCE NO.005-2011 Said Ordinance is incorporated herein by reference. ORDINANCE NO. 006-2011 Said Ordinance is incorporated herein by reference. ORDINANCE NO.007-2011 Said Ordinance is incorporated herein by reference. ORDINANCE NO. 008-2011 Said Ordinance is incorporated herein by reference. 2011/81 Motion carried unanimously. There being no further business, the meeting of the Board of County Commissioner was ajourned. Danny L. Kolhage, Clerk and ex-officio Clerk to the Board of County Commissioners Monroe County, Florida Isabel C. DeSantis, Deputy Clerk