Item I10
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 16, 2008 Division: Growth Management
Bulk Item: Yes -2L No - Department: Planning and Environmental Res.
Staff Contact: Ralph Gouldy. Sr. Administrator
AGENDA ITEM WORDING:
Approval of a resolution considering the request of the Growth Management Division to amend the Tier
Overlay Map from Tier I to Tier ill for properties having Real Estate Numbers: 00119260.000000,
00119270.000000, 00119280.000000, 00119300.000000, 00119310.000000, 00119320,000000,
00119330.000000, 00119340.000000, 00119360.000000, 00119360.000100, 00119360.000200,
00119370.000000, SugarloafKey, Monroe County Florida.
ITEM BACKGROUND:
Between August, 2003 and March, 2006, the BOCC and Growth Management Division staff: Created
Conservation and Natural Area (CNA) boundaries in compliance with Objective 105.2 of the 2010
Comprehensive Plan; Provided a procedure for initiating and processing amendments to CNA boundaries;
Provided criteria for designation of proposed Tier boundaries and a mechanism for Tier Map amendments;
Conducted Special Master hearings and staff reviews of Tier designation change requests and made
recommendations for Tier changes, and; Adopted the Tier Overlay District Map. Due to direction from the
Florida Administrative Commission, the recommendations of Tier Map amendments could not be incorporated
at the time of Tier Overlay District Map adoption. This agenda item is a request to approve incorporation of a
portion of the recommended Tier Map amendments per the direction of the BOCC.
PREVIOUS RELEVANT BOCC ACTION:
Resolution No. 346-2003, designating Conservation and Natural Areas (CNA) boundaries
Ordinance No. 018-2004, providing a procedure for processing amendments to CNA boundaries
Ordinance No. 010-2006, providing criteria for designating Tier boundaries and a mechanism for Tier Overlay
District Map amendments
Resolution No. 148-2006, directing staff to process Tier Overlay Map amendments based on previous review of
change request applications
Ordinance No. 013-2006, adopting a Tier Overlay District Map per Goal 105 of the Comprehensive Plan
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/A BUDGETED: Yes - No -
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes - No - AMOUNT PER MONTH_ Year
-
APPROVED BY: County Atty -L OMB/Purchasing _ Risk Management_
DOCUMENTATION: Included X Not Required_
DISPOSITION: AGENDA ITEM #
.
.~'.-~
RESOLUTION NO. -2008
A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVING A REQUEST BY THE GROWTH MANAGEMENT
DIVISION FOR A TIER OVERLAY MAP AMENDMENT FROM TIER I TO TIER III
FOR PROPERTY HA VING REAL ESTATE NUMBERS: 00119260.000000,
00119270.000000, 00119280.000000, 00119300.000000, 00119310.000000, 00119320,000000,
00119330.000000,00119340.000000, 00119360.000000, 00119360.000100,
00119360.000200, 00119370.000000, SUGARLOAF KEY, MONROE COUNTY, FLORIDA
WHEREAS, the Momoe Connty Board of Connty Commissioners (BOCC)
adopted the Tier Overlay District Maps by Ordinance 013-2006 passed on March 21,
2006 for all land in unincorporated MOlU'oe connty between Ocean Reef and Key West
designating properties as Tier I, Tier II on Big Pine and No Name Keys, Tier III and Tier
III-A; and
WHEREAS, last minute revisions and corrections were not able to be made
because direction by the Florida Administration Commission refused changes to the
maps at a certain point in time in order for them to be finally considered; and
WHEREAS, in 2005 and 2006 there were hearings by a Special Magistrate and
meetings by Growth Management Staff in which errors were found and re-designations
made and recorrunended on certain affected parcels; and
WHEREAS, the BOCC by Resolution 148-2006 on March 15, 2006, directed that
the revisions and corrections be made after the final action adopting the Tier Maps at no
cost to the property owners, identifying those certain affected parcels in the resolution;
and
WHEREAS, the following properties were included as a part of the affected
parcels, whether combined or split out since 2006, as identified by Resolution 148-2006:
00119260.000000, 00119270.000000, 00119280.000000, 00119300.000000, 00119310.000000,
00119320,000000, 00119330.000000, 00119340.000000, 00119360.000000,
00119360.000100, 00119360.000200, 00119370.000000, SUGARLOAF KEY, -
MONROE COUNTY, FLORIDA; and
WHEREAS, all affected parcels were designated erroneously as Tier I and should be
designated as Tier III; and
WHEREAS, the BOCC finds that this was a drafting error because the correct tier
designation was known before adoption of the Tier Maps; and
WHEREAS, Section 9.5-511 allows such errors to be corrected without public hearing
or public notice by the BOCC with notice given to the Department of Community Affairs;
Page 1 of 2
NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS:
.
Section 1. The following parcels were erroneously designated as Tier I and are hereby
designated as Tier III:
00119260.000000,00119270.000000, 00119280.000000,00119300.000000,00119310.000000,
00119320,000000,00119330.000000, 00119340.000000, 00119360.000000,
00119360.000100, 00119360.000200,00119370.000000, SUGARLOAF KEY, MOI\TROE
COUNTY, FLORIDA
Section 2. The Tier Overlay District Maps shall be corrected as indicated.
Section 3. The Growth Management Division shall send a copy of this Resolution to the
Department of Community Affairs.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting held on the day of ,A.D.,
2008.
Mayor Charles McCoy
Mayor Pro Tem Mario DiGennaro
Commissioner George Neugent
Commissioner Dixie Spehar
Commissioner Sylvia J. Murphy
By
Charles McCoy, Mayor
(SEAL)
A TrEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
'\ -
Page 2 of 2
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MEMORANDUM
MONROE COUNTY PLANNING DEPARTMENT
We strive to be caring, professional and fair
To: Board of County Commissioners
Through: Andrew Trivette, Director, Growth Management
Division
From: Ralph Gouldy, Sr. Administrator, Environmental Resources
Date: April I, 2008
RE: Tier Map Amendments, Sugarloaf Key
I I MEETING DATE: April 16, 2008
2
3 II REQUEST:
4
5 A. Proposal: The Growth Management Division is requesting that several
6 developed sites located on Sugarloaf Key be changed from Tier I designation to
7 Tier III designation.
8
9 B. Location:
10 1. Island & Mile Marker: Sugarloaf Key, MM 17
II 2. Address: Old State Road 4A
12 3. Legal Description: Lots 27-35, 14 67 27 Sugarloaf Key Resub of
13 Gov Lot 1
14 4. RE Number (s): 00119260.000000, 00119270.000000,
IS 00119280.000000, 00119300.000000, 00119310.000000,
16 00119320,000000, 00119330.000000, 00119340.000000,
17 00119360.000000, 00119360.000100, 00119360.000200,
18 00119370.000000
19
20 C. Applicant:
21
22 1. Growth Management Division
23
24
25 III PRIOR ACTIONS:
26
27 After numerous public hearings and an extensive planning process undertaken by
28 the Growth Management Division, the Board of County Commissioners (BOCC), on
29 August 20, 2003, adopted Resolution No. 346-2003, designating the boundaries of
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Report Tier Amends Batch I.doc Reviewed
1 Conservation and Natural Areas (CNA), consistent with the "Natural Areas"
2 designation mandated by Objective 105.2 of the 2010 Comprehensive Plan, pursuant
3 to Rule 28-20.100 F.A.C. The CNA boundaries were adopted to allow time to
4 develop a mechanism to protect habitat and direct growth via the Tier system.
5
6 On June 16, 2004, the BOCC adopted Ordinance No. 018-2004, again designating the
7 boundaries of the Conservation and Natural Areas (CNA), and adopting an interim
8 moratorium on ROGO and NROGO allocations within CNA until Land
9 Development Regulations and Comprehensive Plan amendments implementing the
10 work program mandated by Rule 28-20.100, F.A.C. could be drafted and adopted.
11 The Ordinance also provided a procedure for processing amendments to CNA
12 boundaries, which could be initiated by Division staff or written application
13 submitted by an affected property owner. The Division subsequently developed an
14 application for requesting 'Tier' designation amendments, and accepted applications
15 for consideration.
16
17 On April 7, 8, and 11, 2005, hearings were conducted by a duly appointed Hearing
18 Officer at the Marathon Government Center to consider applications received for
19 review of Conservation and Natural Area (now proposed Tier) boundaries. The
20 Hearing Officer later made recommendations regarding those requests, including
21 recommending changing the designation from Tier I to Tier III for the subject parcels
22 for which change applications had been submitted.
23
24 Subsequent to the hearings, a committee made up of staff members again reviewed
25 each application and all ancillary material for consistency with the Tier System
26 Criteria sent forward for adoption by the Monroe County Board of Commissioners
27 (BOCq, and placed emphasis on any documentation supplied with the application,
28 such as any recommendations from the Hearing Officer or supporting
29 documentation from the applicant. The committee also added parcels for
30 consideration which had no application but were adjacent to the subject parcels,
31 exhibited similar environmental conditions, and which may have been incorrectly
32 designated. The committee consisted of three (3) voting members and two (2) non-
33 voting members. The disposition of each considered parcel was determined by
34 majority vote.
35
36 On March IS, 2006, the Board of County Commissioners (BOCq passed Ordinance
37 No. 010-2006 adopting amendments to the Land Development Regulations to
38 implement Goal 105 of the 2010 Comprehensive Plan and the Tier Overlay System,
39 providing criteria for designation of tier boundaries, and providing a mechanism for
40 Tier Overlay District Map amendments. Also on March 15, 2006, the BOCC passed
41 Resolution No. 148-2006 directing Growth Management Division staff to process
42 amendments to the adopted Tier Overlay Map based on review of previous change
43 request applications.
44
45 On March 21, 2006, the Board of County Commissioners passed Ordinance No. 013-
46 2006 adopting an amendment to the Monroe County Land Use District Map to
47 include a Tier Overlay District Map designation on all land in unincorporated
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Report Tier Amends Batch I.doc Reviewed
1 Monroe County between Key West and Ocean Reef and designating boundaries for
2 Tier I, Tier II, Tier III, and Tier III-A as required in Goal 105 of the 2010
3 Comprehensive Plan. Due to the direction given by the Florida Administrative
4 Commission (which consists of the Governor and Cabinet), staff was unable to
5 incorporate changes to the Tier Overlay District Map for properties submitted for
6 review and recommended for Tier change through the earlier processes.
7
8
9 N BACKGROUND INFORMATION:
10
11 A. Existing Land Use Districts: Sparsely Settled (SS) and Urban Residential Mobil
12 (URM)
13 B. Existing Future Land Use Designation: Residential Low (RL) and Residential
14 High (RH)
15 C. Existing Tier Designation: Tier I
16 D. Proposed Tier Designation: Tier III
17 E. Size of Site: Ranges from .56 acres to 1.73 acres
18 F. Land Use and Habitat from 1985 Aerials: 740, Disturbed
19 G. Existing Vegetation / Habitat: Scarified
20 H. Community Character of Immediate Vicinity: Developed residential
21
22 The subject parcels are developed, oceanfront residential properties, with the
23 exception of RE No. 00119360.000100, which contains a 2400 sq. ft. utility
24 building.
25
26
27 v. ANALYSIS AND RATIONALE FOR CHANGE:
28
29 Pursuant to See. 9.5-511(d)(5)(b) of the Monroe County Code (MCC), the Board of
30 County Commissioners (BOCC) may consider the adopting an ordinance to enact
31 map amendments based on one or more of the following factors:
32
33 (1) Changed Projections:
34
35 None
36
37 (2) Changed Assumptions:
38
39 None
40
41 (3) Data Errors:
42
43 At the time of Tier designations, the subject properties were incorrectly
44 designated as Tier I. Ordinance No. 013-2006 states that "Tier III is appropriate
45 for additional infill development because of the location and amount of existing
46 development in the areas designated and the absence of significant upland
47 native habitat patches." The subject parcels do not contain native habitat and
48 are already developed.
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Report Tier Amends Batch I.doc Reviewed
1
2 (4) New Issues:
3
4 The subject properties had applications submitted for Tier review and were
5 determined by the Hearing Officer and the staff committee to have been
6 incorrectly designated as Tier I, and rather to meet the criteria to be properly
7 designated as Tier III. Resolution No. 148-2006 directed staff to process the
8 amendments based on review of the previous change requests.
9
10 (5) Recognition of a Need for Additional Detail or Comprehensiveness:
11
12 None
13
14 (6) Data Updates:
15
16 None
17
18
19 Pursuant to Sec. 9.5-511(e) of the Monroe County Code (MCC), amendments to
20 correct drafting errors may be adopted by the Board of County Commissioners
21 (BOCC) without posted notice or public hearing at any regular meeting.
22
23
24 II. FINDINGS OF FACT
25
26 (1) MCC 9 9.5-511 (d) (5) (b) allows the Board of County Commissioners to
27 consider adopting an ordinance to enact map changes under six conditions:
28 Changed projections; Changed assumptions; Data errors; New issues;
29 Recognition of a need for additional detail or comprehensiveness; and Data
30 updates.
31
32 (2) Monroe County accepted applications from various property owners
33 requesting review of Tier designations for specific properties in unincorporated
34 Monroe County.
35
36 (3) The Hearing Officer and Staff Committee made Tier change recommendations
37 based on review of those applications.
38
39 (4) The BOCC instructed County staff to process the amendments to the Tier
40 Overlay District Map based on the change recommendations.
41
42 (5) Direction given by the Florida Administrative Commission prevented
43 incorporation of those changes to the Tier Overlay District Map at the time of
44 adoption of the Overlay Map.
45
46
47
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Report Tier Amends Batch I.doc Reviewed
1 III. CONCLUSIONS OF LAW
2
3 (1) The initial Tier I designations for the subject parcels were incorrect.
4
5 (2) The subject parcels meet the criteria established for designation as Tier III.
6
7 (3) Applications requesting Tier designation review of the subject parcels were
8 reviewed by a duly appointed Hearing Officer and a Staff Committee, resulting
9 in recommendations of change from Tier I to Tier III.
10
11 (4) The proposed amendments to the Tier District Overlay Map are consistent with
12 the Tier criteria set forth in Ordinance No. 013-2006.
13
14 IV. RECOMMENDED ACTION
15
16 Approval
Page 5 of 5
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Report Tier Amends Batch I.doc Reviewed
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D(lj~'J/dlll:g Floridll'~ E.:'osr: em.$ Mayor Charles McCoy
I1Ird (/JlJlmunir/t.:. ~ .
Honorable Mayor Pro 1 em Marlo DeGennaro
Commissioner Dixie Spehar
Commissioner George Nuegent
_ Soh"'l!,'ll'd BI'O:1d Ln,"".(' tHt"r COlnmissioner Sylvia Murphy
;.;OHl Soutlll'n<;f('rn T. un ...,Jt,"
3 ~O) C,)l1('r.'~A ~'!)n~
F: LNlderd,Je Flm:id, 1.114 Rc: Proposed Resolution to Amcnd Tier Ovcrlay Maps
Ph(\n~: t954} 26~ Sl~d
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.... ., '" ._, - - Dt:ar Cornnlissioners;
:'\lwt!Jt.(,U Ewrgl:H1(-s 1 filef' '. , . . .... ,
'''s T.: S. H,"I"",,,, l. , ,,,. s I vVflte on behalf of the Fla, Keys C]ttzens CoahtlOn and last
r-:m1h Palm B"ol, Flond" ,40S Stand to raise a signiticant concern about the proposal on toady's
Pho~e (56]) ,s~: ]565 agenda that the Commission attempt to change the lier map
Fr.;.:: t.~(,J)<).,~ 1540
designalion for several properties Via simple Resolution. Thosc
designations cannot be accomplished in this mann,,!". Because there
BtJllnl of nil' ;-tor.;;. _ . .
are zOl1lng maps and because of theu lmpacl on Ihe subs1<mce of the
PH .'d"!if applicable development standards, the Ticr designation can only be
Tho",a, T. /\nke,"" E''1 h d' h f' I d' d' '!'h' I
. c ange Via 1 eonna or mance a option process. at IS now tIe
Tl-c ",rer Tier Maps were adopted ~U1d that is how they must be amended.
Rlt'ktrd HlUtllUl: Esq.
;", erar) The fact that Ihc BOCC had previously expressed its views 10
.10,'1 A. ),1"u E"l- staff via Resolution that it desired 10 see these maps changed in this
lrlllne Ann Sirl::' ;)J.I.lld manner~ does nothing to change these legal requirenlents. Such
changes must be formally adopted by Ordinance. In fact. this
J"Ie'Rea . b'l understanding of the law is reflected in Section Three of Resolution
D.'Ild 1\'1:11 . E,q. 148-2006 (March J 4, 2006), which, after expressing Ihe BOCC s
desire to see cenain changes made to the Tier Maps. directs tflllt .mid
EXt<clIfi'-e D 'ert{ll' changes be "processed consi~/ent witlt the procedures for changing
GR-u(on'll ( lUl,>t! Tier Overlay District j\t1aps. ~,
Rli.'h;;rd GI'O')~ E;;q.
Rl'~iQlt:ll D 't'(for In short, any attclnpt to change the nlaps in the manner being
S'''lar'- ,un"l proposed today would be grosslv outside of the procedures required
L,,,, h:tcrlall Esq. b b I C' d I - d' - . J
. Y ot'j _ollnty an stale aw. an , In my OpllllOll. cou d not
Tl'j-al ( lllU$t'J withstand a legal challenge.
Rnbe-rt x. H.aH~f ESl)
Staff ( mll"J As to the substance of the proposed changes, the fact that a
J.1>O>1 Toto '. E;'l parcel may be developed or devoid of vegetation itself does llOt
aUlomatieally make il appropriate for a Tier 3 designation. Tbe Tier
maps appropriately include many sueh parcels in a Tier J designation
hecause uf the impact additional develupment on thur lot 01' pone!
would have on an a'tiacen/ or nearb.).' natural area.
n:" Ele~g:'(,'dl.}: l.aH' Ccwt{'; .hi'':. i,:,- (I ,'.1;1:- (l.n-:mpr Fhl1"ido N~v-fol'-;>I.;~r;: <'_)IPO;"(;t;'m: PI,'!"!"IL) 'I,' ;(": .5,':'-)0.'; 5(1;' 'c,r3' t,f" ';!;' ;""":"~.I;' R,-', t-~.',' C:' .
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"",go ;;'''''ni. 'he COW", WOo ""'p" "' /hrn tim, lo ""'fy ~''''" fo, ,,, 'm'o, " T'~
0", " SPA, <h, m~" of 'ho" "'"'"'00''''0''' 'e 00' '.bi", "wo 'h, 'm ''C."", Ie,.,
,. "," by"" Adm',',"""W ww ,10'" .", 'he "'''"mMI of Com''''''1)> A no ',' /h., "'" ."
of those acreage figures was arbitrary and capricious".
We W,,"ld "'" /he Comm,..,o" lo 00' ''',mp' lo '""'g' "" T'" ""'","0''' by
ROOO'Otion m " !'''''' -mmMd", lod", "" we "'OW Om "" fm , '"m "h"""" '"'
"""'''' lo · P'''''"o'', '0 of ;P~,", -""d,,,,,,, 10 lhe TIm S,;l'm ,,,' M.p. hrn will "",",
/h'm '"mp'.e ~, 'deqo.,. 00 eompl.e Uw j"h of 'mpl'mM"', 'h, 80';,. g ",' C,""",
C'P~il, Sm', "" bri" ., Md lo /h, ''<<l foe m.j m "<i,,,,,, "''' ,,", ",,' ","" of ""
Coom,', '".hI"" pm""i" off_, whil, P'OO"'g more ili", .'''i<h 1m, i, lh, '1 "3 '""''''3
to meet ROGa demands for the foreseeable future.
! thank yoU lor Your consideration ofthis important Inatler.
Sincerel}', /
2/,'
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Richardirosso
General Counsel
cc: Secretary Thomas G. Pelham, DCA
Capt. Ed Davidson, FKCC
Al Sullivan, PreSident, Last Stand
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