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Miscellaneous „,,,, ...— _._,., .......... .........__ � U�r�!✓6�1fI! ��N 1 �0� /// /°r / Y � I r � G a ' i�'g �IIIIIII �' � Illll�lill' � I _ co ae” 9 = a r ! b a a d F F H F r Y ' wirti'J ipp i � .i it I wfiw ;1 � /I. V umii'VV � o � `//J 111 I � IIII I I Y y I 1 11i rrrar �troom�mryq � �� ' !% G r I I'IJ G N I uui ul r FL f �a 1, e�p 96e i3 ____.. _ . Greenman, Manz & Ables A Partnership of Professional Associations Franklin D. Greenman, P.A. Attorneys At Law David L. Manz, P.A.* Adriene L. Ables. Esq. 'Board Certified in Marital and Family Law Fello w;AtOw-Amencan Academy ,of Matrimonial Lawyers December 18, 2008 Henry Lee Morgenstern, Esq. P.O. Box 337 Seville, 17132190 RE: Coffin request for release from Judge Moore's FEMA list Happy Holidays Henry, I will send this by email and also to the mailing address. Gullside Wage, Suite 40 5800 Overseas Highway Marathon, FL 33050 (305) 743-2351 (305) 743.8523 Fax FDGreenma ngb-Bellsouth. net The Coffins own three (3) adjacent parcels: RE# 490160-000000; RE# 490130.000300; and RE# 490130-000000. The 160 property is the resort, formerly Southview, and before that Bayview Apartments built in 1950. The two adjacent properties, 490130.003 and 490130, are vegetated but scarified. 490130.003 holds an artists work studio and apartment, and 490130 is mowed and trimmed, but not built upon. I am attaching tax appraisers maps that should clarify the property the Coffins own, that, hopefully, can be removed from Judge Moores order. In the meanwhile, I hope that you and your family enjoy the Happiest ofHolidays and a prosperous, (and less tumultuous) New Year. Respect lly, Franklin D. Greenman FDG/fdg Enclosures cc: Bill and Bonnie Coffin N�q &0 and 8=4c n wM fu ®4awpd J U LIE C H EON ENVIRONMENTAL CONSULTANT ENVIRONMENTAL ASSESSMENT HABITAT SUITABILITY REPORT MAY 24., 2008 PREPARED FOR WILL -JAM & BONNIE COFFIN PROPERTY LOCATION TAVERNIER, PORTION OF EL.LIS PROPERTY (APPROXIMATELY MILE MARKER 92.5) PARCEL ILA NUMBERS 004901 60-000000 71 TINGLER LANE, MARATHON, FL 33050 WWW.JU LIE_CHEON@)HOTMAIL.COM PHONE (305) 395-1 985 FAx (305) 743-4587 Julie Cheon Environmental Consultant Phone (305) 395-1.985 71 Tinder Lane, Marathon FI 33050 Fax (305)743-4587 Table of Contents Introduction Page # Site Description 2 Habitat Suitability 2 Exhibits i-vi (A) US Fish and Wildlife's Listed Species in Monroe County table (B) Property Location Map (C) Site Photos iv Julie Cheon Environmental Consultant Phone (305) 395-1985 71 Tingler Lane, Marathon F133050 Fax (305)743-4587 Introduction On September 9, 2005 Judge Michael J. Moore of the United States District Court for the Southern District Court of Florida filed an injunction order preventing the Federal Emergency Management Agency (FEMA) from issuing flood insurance on parcels listed as having habitat for the species listed in Table 1. Table 1 Neotoma floridana smalli Key Largo Woodrat Odocoileus virginianus clavium Key Deer Orthalicus yeses reses Stock Island Tree Snail Oryzomys palustris natator Silver Rice Rat Papilio aristodemus ponceanus Schaus Swallowtail Butterfly Peromyscus gossypinus allapaticola Key Largo Cotton Mouse Pilosocereus (=Cereus) robinii Key tree -cactus Sylvilagus palustris hefneri Lower Keys Rabbit The following report includes an environmental assessment of the above referenced parcel in relation to Judge Michael J. Moore's September 9, 2005 injunction. Species outside the scope of the injunction are not considered in this report. The assessment is compiled of data supplied by the United States Fish and Wildlife Service (USFW), Monroe County, and a site visit performed on May 17, 2008. Julie Cheon Environmental Consultant Phone (305) 395-1985 71 Tingler Lane, Marathon FI 33050 Fax (305)743-4587 Site Description The property consists of approximately 1.1 acres. As shown in Exhibit B the property is bordered on the north by a scarified developed resort property, on the south by a disturbed parcel with upland native vegetation, on the west by the Florida Bay, and on the east by a four lane divided highway, U.S. 1. The property is a developed upland with several residential units. The parcel is heavily landscaped with predominantly with typical exotic landscape vegetation (See Exhibit Q. Scattered native vegetation includes Seagrape and Wild Tamarind. The shoreline is armored with both a high seawall and riprap. A narrow jetty protrudes into the water and is armored with riprap. A dock is located parallel to the Jetty. The eastern portion of the property has native vegetation including Bahama Strongback (Bourreria succulenta) and some large Tamarind Trees (Lysiloma latisiliquum). The 1985 Monroe County Existing Conditions Maps classified the parcel as Scarified. Habitat Suitability None of the species listed in Table 1 were observed on site. Attachment A shows the habitat, historic range and present range of the species of concern as determined by the US Fish and Wildlife Service. Due to the scarified developed nature and location of this property it is not considered suitable habitat for any of the species under consideration. In addition none of these species are presently known to be located in Tavernier. Only two species, Key Tree Cactus and Schaus Swallowtail Butterfly, are cited as having a historic range that included Tavernier. The present range of Key Tree Cactus is limited to the tropical hardwood hammocks of Upper Matecumbe Key, Lower Matecumbe Key, Long Key and Big Pine Key and the present range of the Schaus Swallowtail Butterfly is limited From Biscayne National Park to North Key Largo. In addition, this site is not shown as known, probable or potential habitat for any of the above referenced species on the Monroe County Endangered Species Maps. Nor is the parcel within the Florida Forever Boundaries, which is land that has been identified as critical habitat areas suitable for acquisition by federal, state or local agencies Should there be any questions please feel free to contact the author of this report at the above referenced contacts. Please note, the above information must be confirmed by the reviewing agency for actual removal of the property from the U.S. Fish and Wildlife list of parcels with habitat for the species listed in table 1. M m U E- 0 W bq > (U U) y a ..00 . r'Xr U p oEn .o � a'a•y ti �� � � + a a W y N r�rZ �iZ 3'� °Mx U o �, 0... o o Vi a� � �4 �PG cd 'i.w O 0 -0 ti iti iti a �w xa xa a xa xr xr T U y ° O C IIC�II N ++ a ti 3 i .w Ix U 7 > .o •o Cd .� o � c � � � 'a 'a � y � .s GT W r O r C r O v, ,• U G c� yy }~ w 4V o m o o > v II b 5 U h 5 L T3 C W y v Q tQ a L yam. 13 ,X 13 rQ .1 U LIE C HE ON ENVIRONMENTAL CONSULTANT ENVIRONMENTAL ASSESSMENT HABITAT SUITABILITY REPORT MAY 24, 2008 PREPARED FOR: WILLIAM & BONNIE COFFIN PROPERTY LOCATION TAVERNIER, PORTION OF ELLIS PROPERTY (APPROXIMATELY MILE MARKER 92.5) PARCEL ID NUMBERS 004901 30-000000 & 004901 30-000300 71 TINGLER LANE, MARATHON, FL 33050 WWW.JULIE_CHEONC)HOTMAIL.COM PHONE (305) 395-1985 FAx (305) 743-4587 Julie Cheon Environmental Consultant Phone (305) 395-1985 71 'ringler Lane, Marathon FI 33050 Fax (305)743-4587 Table of Contents Pie # Introduction 1 Site Description 2 Habitat Suitability 2 Exhibits i-vi (A) US Fish and Wildlife's Listed Species in Monroe County table i (B) Property Location Map ii-iii (C) Site Photos iv (D) Aerial Photo (Approximately 1950) v (E) Trash and Spoil Piles vi Julie Cheon Environmental Consultant Phone (305) 395-1985 71 Tingler Lane, Marathon F133050 Fax (305)743-4587 Introduction On September 9, 2005 Judge Michael J. Moore of the United States District Court for the Southern District Court of Florida filed an injunction order preventing the Federal Emergency Management Agency (FEMA) from issuing flood insurance on parcels listed as having habitat for the species listed in Table 1. Table 1 Neotoma floridana smalli Key Largo Woodrat Odocoileus virginianus clavium Key Deer Orthalicus reses yeses Stock Island Tree Snail Oryzomys palustris natator Silver Rice Rat Papilio aristodemus ponceanus Schaus Swallowtail Butterfly Peromyscus gossypinus allapaticola Key Largo Cotton Mouse Pilosocereus (=Cereus) robinii Key tree -cactus Sylvilagus palustris hefneri Lower Keys Rabbit The following report includes an environmental assessment of the above referenced parcel in relation to Judge Michael J. Moore's September 9, 2005 injunction. Species outside the scope of the injunction are not considered in this report. The assessment is compiled of data supplied by the United States Fish and Wildlife Service (USFW), Monroe County, and a site visit performed on May 17, 2008. Julie Cheon Environmental Consultant Phone (305) 395-1985 71 Tingler Lane, Marathon FI 33050 Fax (30.5)743-4587 Site Description The property consists of two contiguous parcels which comprise approximately 1.3 acres. For purposes of this report both parcels combined will be referred to as the "Property". As shown in Exhibit B the property is bordered on the north by a developed parcel with several units. It is bordered on the south by a paved road, Ellis Drive, on west by a single family residence and it is bordered on the east by a four lane divided highway, U.S. 1. The property is a disturbed upland with both native, exotic and landscape vegetation (See Exhibit Q. Exhibit D shows an aerial photo believed to be from 1954, showing the scarified condition of the parcel at that time. Recently an invasive exotic tree removal was performed on the property but a few remnant exotics remain. At the same time several trash and spoil piles were also removed. Exhibit E shows some of the spoil piles prior to removal. The eastern portion of the property has native vegetation including Bahama Strongback (Bourreria succulenta). Mouse's Pineapple (Morinda royoc) and some large Tamarind Trees (Lysiloma latisiliquum). The 1985 Monroe County Existing Conditions Maps classified the parcel as Hammock but the parcel would now be more appropriately be classified as Disturbed with Native Vegetation. Species diversity is low. The central and western portions of the property contain some large native trees, but there is minimal understory or shrub vegetation. It should be noted that the aerial photo in Exhibit B is from 2006 and much of the vegetation visible in this photo no longer exists, likely due to the removal of invasive exotic vegetation. Habitat Suitability None of the species listed in Table 1 were observed on site. Attachment A shows the habitat, historic range and present range of the species of concern as determined by the US Fish and Wildlife Service. Due to the disturbed nature and location of this property it is not considered suitable habitat for any of the species under consideration. In addition none of these species are presently known to be located in Tavernier. Only two species, Key Tree Cactus and Schaus Swallowtail Butterfly, are cited as having a historic range that included Tavernier. The present range of Key Tree Cactus is limited to the tropical hardwood hammocks of Upper Matecumbe Key, Lower Matecumbe Key, Long Key and Big Pine Key and the present range of the Schaus Swallowtail Butterfly is limited From Biscayne National Park to North Key Largo. In addition, this site is not shown as known, probable or potential habitat for any of the above referenced species on the Monroe County Endangered Species Maps. Nor is the parcel within the Florida Forever Boundaries, which is land that has been identified as critical habitat areas suitable for acquisition by federal, state or local agencies Should there be any questions please feel free to contact the author of this report at the above referenced contacts. Please note, the above information must be confirmed by the reviewing agency for actual removal of the property from the U.S. Fish and Wildlife list of parcels with habitat for the species listed in table 1. cr 00 vv' M -r r 0 I W U �— b N N U N r,Ci as72 3 a V) n b U 14 boo l6 a O map a>i > G O U rn o °'� U a' LO �4. p 00 G b 0.0 y NE bpn � Cg �'a•y ° eta U � � � +-'~y�P•+ ° 3 o o a T' E Z I a x cQ g = o � � a o I I sx N N a xa` xw xa a: Via. xc� xa; v (U Qi rol -o .n C� '� � .b 3 -d •� v3 •a •� V p W U 'C O $b 3 cat 9 U fJ, w O - T C/3 'y c �` U C5 t. o v o o a>i y II ..•i v 3 oyi �' o i " h � y 'C yby.qy V tl aaby � � � ►"' U ra .a O y :�. O V] w — N In VcgctatIon,'3tlrv(f--�j F-1-1vironmcntalKcrort PREPARED FOR: WILLIAM AND BONNIE COFFIN LEGAL DESCRIPTION'. TAVERNIER, PORTION OF ELLIs TRACT REAL ESTATE NUMBERS: 00490130-000000 & 00490130-000300 5/24/08 71 TINGLER LANE, MARATHON, FL 33050 WWW.JULIE-CHEONCaHOTMAIL.COM PHONE (305) 395-1985 FAx (305) 743-4587 Julie Cheon Environmental Consultant Phone (305) 395-198.5 71 Tingler Lane, Marathon FI 33050 Fax (305)743-4587 The following report includes, a site description, a list of vegetation located on site, a map indicating the location of relevant features and all Listed species, and a mitigation plan for the above referenced parcel. A site visit was performed on the above referenced property on May 17, 2008. Site Description: The property consists of two contiguous parcels which comprise approximately 1.13 acres. For purposes of this report both parcels combined will be referred to as the "Property". As shown in Exhibit B the property is bordered on the north by a developed parcel with multiple units. It is bordered on the south by a paved road, Ellis Drive, on west by a single family residence and on the east by a four lane divided highway, U.S. 1. For purposes of this report the front of the property is considered that which borders U.S. 1. The property is a disturbed upland with native, invasive exotic and landscape vegetation (See Exhibit C). Exhibit D shows an aerial photo believed to be from 1954, showing the scarified condition of the parcel at that time. Recently an invasive exotic tree removal was performed on the property but a few exotics remain. At the same time several trash and spoil piles were also removed. Exhibit E shows some of the spoil piles prior to removal. The eastern portion of the property has native vegetation including Bahama Strongback (Bourreria succulenta) and some large Tamarind trees (Lysiloma latisiliquum). The 1985 Monroe County Existing Conditions Maps classified the parcel as Hammock but the parcel may now be more appropriately classified as Disturbed Uplands with Native Vegetation. Species diversity is low and a complete list of species is located in Table 1. The majority of native vegetation is relegated to the eastern portion of the property. The central and western portions of the property contain some large native trees, but there is minimal understory or shrub vegetation. It should be noted that the aerial photo in Exhibit B is from 2006 and much of the vegetation visible in this photo no longer exists, likely due to the removal of invasive exotic vegetation. Regulations & Species of Note: Monroe County is currently in the process of updating its Land Development Regulations (LDRs). Until the LDRs are approved much of the Environmental Regulations are covered under Monroe County Ordinance No 024-2005 (Exhibit G). Under Policy 101.4.22 all development shall be subject to clearing limits defined by habitat, Tier Map designation and wetland requirements. There are no wetlands on the property. Clearing Allowance Both parcels are mapped as Tier III (Least Enviromnentally Sensitive). Real Estate Number 00490130-000300 would be classified as Disturbed. Real Estate 00490130-000000 would be classified as having Upland Native Vegetation. Clearing would be required to be clustered, meaning that the most disturbed portions of the parcel would be required to be developed prior to the development of the least disturbed portions of the parcel. Julie Cheon Environmental Consultant Phone (305) 395-1985 71 Tingler Lane, Marathon Fl 33050 Fax (305)7 In addition, the maximum amount of clearing allowed on a Tier III parcel with Upland Native Vegetation is 40% or 3,000 sf, whichever is greater; however the maximum amount of clearing shall be no more than 7,500 sf, regardless of the amount of upland native vegetation. Policy 205.2.7 states: "... For applications that receive points for lot aggregation under the Permit Allocation System for residential development, clearing of upland native vegetation shall be limited to a maximum of 5,000 sf...." This would seem to reduce the allowed clearing should the two parcels be combined and receive points for lot agregation. Policy 205.2.12 states the legal conditions of land existing as of February 28, 1986 and as depicted on the December 1985 Habitat Classification Aerial Photographs are to be used as a baseline for the type and extent of habitat on a parcel. The policy allows for determining increases in the amount of upland native vegetation mapped in the 1985 aerials, but not for decreasing the amount of native upland vegetation. This appears to be in conflict with the Monroe County Comprehensive Plan which requires parcels be evaluated based on existine conditions. Should clearing allowance become a factor during the development process this issue may need to be further clarified with the Monroe County Growth Management Department. Exhibit F shows the December 1985 Habitat Classification Aerial Photograph for this parcel. The approximate property lines have been overlayed on the map and the hammock line highlighted for clarity. The approximate sf of native vegetation shown on that aerial is (33,316 sf). Based on this information the maximum allowed clearing for the vegetated parcel would be 7,500 sf. Mitigation There are eleven (11) Listed species on site. A species is considered Listed if it is designated Endangered (E), Threatened (T), Regionally Important (RI), or Commercially Exploited (CE), or if it is a Native species greater than 4" diameter at breast height (N>4"dbh). All Listed species require mitigation if impacted by development and all have been tagged on site with orange tape. Current Monroe County Code requires monetary mitigation for all impacted Listed species. The mitigation amount is calculated by Monroe County depending on the species and its size. Table 2 lists all the protected species on site and indicates the specimen cost as shown in the Monroe County Price List. Specimen removed with a development permit require mitigation at a ratio of 2:1. Therefore the cost in the table should be doubled if a specimen is to be removed for development. A map showing the locations of all listed species and all relevant features is attached. Please note that locations are approximate due to the density of the vegetation and the limitation of the measuring device used (measuring tape). Appropriate permits must be obtained from Monroe County prior to removal of any vegetation. Please consult the Monroe County Biologist for specific requirements. It is recommended that all information presented in this report be confirmed with the Monroe County Environmental Resources Department prior to purchase or development of the property. While this report addresses Monroe County Environmental Regulations other planning or zoning restrictions may apply to the property. Please feel free to direct any questions regarding this report to the author at the above referenced contacts. Julie Cheon Environmental Consultant Phone (305) 395-1985 71 Tingler Lane, Marathon FI 33050 Fax (305)7 TaWc 1 - jpecies List Alternanthera philoxeroides Ardisia escallonioides Bourreria succulenta Bumelia celastrina Bursera simaruba Capparis cynophallophora Capparis flexuosa Chiococca alba Coccoloba diversifolia Conocarpus erectus Eugenia axillaries Eugenia foetida Exothea paniculata Ficus Benjaimina Guapira discolor Leucaena leucocephala Lysiloma latisiliquum Metopium toxiferum Morinda royoc Piscidia piscipula Randia aculeata Scaevola taccada Schinus terebinthifolia Setcreasea spp. Swietenia Mahagoni Thrinax radiata Tradescantia spathacea Ke_g ~ 5tatus Alligator weed Marlberry Strongback/Strongbark Saffron Plum Gumbo Limbo Jamaica Caper Limber Caper Snowberry Pigeon Plum Green Buttonwood White Stopper Spanish Stopper Inkwood Ficus Blolly Lead Tree Wild Tamarind Poisonwood Mouse's Pineapple Jamaican Dogwood Randia/White Indigo Berry Exotic Scaevola Brazilian Pepper Purple Heart Mahogany Florida Thatch Palm Oyster Plant Exotic Grass Landscape Plants N END N N N N N N N N N RI ex N IEX N N N N N ex IEX ex END END ex ex > CE Commercially Exploited All Protected > ex Exotic non-native (may be naturalized) END Endangered All Protected > IEX Invasive Exotic Removal Prior to CO Required > N Native > 4" dbh protected > RI Regionally Important All protected > T Threatened All Protected /VAN./✓' ^✓//V�/`✓'/`.//JJV.nM//'.N---.------- ^.���,n���✓i. i.. �.�, Extensive Extensive Cat II Extensive Extensive Cat I Minimal o L C5) Pv � 4> sJ <> 4> 41 41 /4\4 oil 4> o1z '4> 41 o 4> 41 OR obz, N w II 11 II 11 II II 00 M Ci w 00 S kn Ph O O M M to N o O ' O OM A 69 69 69 fin 69 69 69 ; O r O a V'1 r V'1 v� 00 oo ►� OC r O �c v1 �o r o� M r oo v cu U n 69 6B 69 69 69 69 69 69 &9 69 69 y o 0 0 g x Q❑ M z z N z M z z z z U n 69 69 6t? 6A O 000 O M M n $ oMo O fy O cn o ,o v �' N W T Y o 69 69 64 69 69 fin,69 69 69 6ti cO O bczs^�A z z z w A w w z z z z z z z U a c � 'O A o ocdo a b �>~ >� o 0y G q:l O 3 Cd h O O L to vJ v c� a° w 3 as GS N Q u O to obi O � . -Z t3 a t3 5 94, Julie Cheon Environmental Consultant Phone (305) 395-1985 71 Tingler Lane, Marathon FI 33050 Fax (305) 743-4587 Exhibit G ORDINANCE NOd24-2005 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE COUNTY 2010 COMPREHENSIVE PLAN TO DELETE REQUIREMENTS FOR A HABITAT EVALUATION INDEX (HEI), REVISE THE OPEN SPACE, LAND ACQUISITION, MANAGEMENT AND GIs MAPPING REQUIREMENT AND IMPLEMENT GOAL 105 OF THE 2010 COMPREHENSIVE PLAN AND THE TIER SYSTEM BY DELETING POLICIES 101.4.20, 102.4.6, 102.9.5, 102.9.6, 103.2.2, 207.1.2, 207.10.5, 207.12.6 AND OBJECTIVE 1201.13; REVISING POLICIES 101.4.22, 101.14.1, 102.1.1, 102.4.1, 102.4.2, 102.4.3, 102.4.4, 102.4.5, 102.7.3, 102.8.1, 102.8.5, 102.9.1, 102.9.2, 102.9.3, 102.9.4, 103.2.1. 105.2.1, 105.2.3, 105.2.6, 105.2.7, 105.2.10, 204.2.1, 205.1.1, 205.1.2, 205.1.3, 205.1.4, 205.1.5, 205.1.6, 205.2.1, 205.2.2, 205.2.6, 205.2.7, 205.2.12, 205.2.14, 205.5.1, 205.5.2,; REVISING OBJECTIVES 102.4, 102.9, 205.1, 205.2 AND 205.5; CREATING NEW POLICIES 6,102.4.6, AND 102.4.7; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; DIRECTING THE PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT TO TRANSMIT A COPY OF THIS ORDINANCE TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Administration Commission in 1996 enacted Rule 28-20.100, which created the "Work Program" in the 2010 Comprehensive Plan and mandated, among other things, the preparation of a Carrying Capacity Study for the Florida Keys. and WHEREAS, the "Work Program" mandates that the County implement the Carrying Capacity Study by the adoption of all necessary plan amendments to establish development standards to ensure that new development does not-ezcceed the carrying capacity of the County's natural environment; and WHEREAS, the "Work Program" mandates that the County initiate and complete a collaborative process for the adoption of Land Development Regulations (LDRs) and Comprehensive Plan amendments to strengthen the protection of terrestrial habitat; and WHEREAS, the Florida Keys Carrying Capacity Study (FKCCS), completed in September 2002, sets out guidelines that, inter alia, would direct future development away from "native habitat," and into "areas ripe for redevelopment or already disturbed"; and WHEREAS, Florida Statute 163.3177(6)(a) requires the adoption and implementation of a future land use element which designates future general distribution, location, and extent of lands used for conservation purposes: and WHEREAS, Goal 105 of the 2010 Comprehensive Plan, "Smart Growth," was adopted bq the Board of County Commissioners in 2001 to comply with the statutory mandate, to C Documents and Settings tezanos-mayra'Local Settings'.Temporary Intemet Files OLK16E'environmemal- go a l 105 compord-a. doc Page I of 16 ,Julie Cheon V'nN irontnental o)usullatlf Phone (305) 395-1985 71 Tingler Lane, Marathon FI 33050 Fax 13051 Exhibit G (continued) implement Rule 28-20.100, F.A.C., and to provide a framework within the 2010 Comprehensive Plan to implement the FKCCS and other state directives; and WHEREAS, Objective 105.2 of the 2010 Comprehensive Plan, pursuant to the Rule _'8- 20.100, F.A.C. mandate, directs the County to map and designate land within the Florida Kevs in order to protect environmentally sensitive lands; and WHEREAS, the Board of County Commissioners (BOCC), at a regular meeting on January 21, 2004, directed Growth Management staff to prepare an ordinance deferring ROGO and NROGO allocation awards in areas containing tropical hardwood hammock or pineland of two acres or greater within Tier I - Conservation and Conservation and Natural Areas (CNA), while staff prepares draft text and map amendments and other supporting studies in order to effectuate the provisions of Goal 105 of the 2010 Comprehensive Plan, and Rule 28-20.100 FAC, and WHEREAS, the Monroe County 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; revisions to ROGO and NROGO based on the Tier system utilizing a positive approach that predominately relies on land dedication and aggregation and revisions to the environmental regulations based on the Tier system rather than the existing Habitat Evaluation Index; and WHEREAS, Goal 105 provides a framework for future development and land acquisition for the next 20 years that considers the carrying capacity of the Florida Keys, reduces sprawl and promotes sustainability; and WHEREAS, Tier Maps were developed following the criteria in Goal 105, utilizing computer mapping (GIS), identifying areas appropriate for additional development and those which are important environmentally and should be preserved; and WHEREAS, the boundaries for the Tier Maps were drawn using environmental and development information and digital data from the Florida Keys Carrying Capacity Study (FKCCS), the Planning Department and the Property Appraisers Office and refined through site visits by the County Biologists and Planners; and WHEREAS, tropical hardwood hammock size is a major determinate of habitat quality according to the FKCCS; therefore size and connectivity are used in determining the boundary of Tier I areas to identify the best and most important terrestrial habitat areas for preservation: and WHEREAS, Tier 1 includes all contiguous tropical hardwood hammock areas above four acres and restoration areas between fragmented smaller hammock patches to increase the hammock size and buffers where possible; and, WHEREAS, Tier II areas are only designated for Big Pine Key- and No Name Key and. along with the Tier I and III designations on these two islands, this designation is based on relative wildlife habitat quality as defined in the Habitat Conservation Plan and previously incorporated into the Monroe County Comprehensive Plan under Policy 101.20.2; and C .Documents and Settings .tezanos-mayra Local Settings'.Temporary Intemet Files OLK 16F.environmental- e a1105compord-a.doc Page Z of 16 Julie Cheon Environmental Consultant Phone (305) 395-1985 71 'Tingler Lane, Marathon FI 33050 Fax (305) 743-4587 Exhibit G (continued) WHEREAS, the majority of Tier III is appropriate for additional infill development because of the location and amount of existing development in the areas designated; WHEREAS, the current Land Development Regulations (LDRs) require properties designated on the 1986 Habitat Maps as hammock and pineland to perform a Habitat Evaluation Index (HEI) to determine the amount of clearing permitted and the negative points awarded in ROGO and NROGO; and WHEREAS, the HEI is a subject of continuous controversy, is accused of being subjective and since based on 1986 maps, does not take into consideration re -vegetation over the last twenty years; and WHEREAS, the proposed ordinance removes the requirement for performing an HEI from the 2010 Comprehensive Plan by basing habitat quality and permitted clearing on the Tiers; and WHEREAS, in addition to changes to implement the Tier system, the Comprehensive Plan amendments also address the requirements for a Land Acquisition Master Plan; and WHEREAS, the development and implementation of a land acquisition program, coordinated with responsible state and federal agencies, is necessary and required in order to comply with Goat 105 and the state -mandated Work Program; and WHEREAS, the land acquisition policies adopted herein are consistent with previously adopted comprehensive plan policies, the Florida Keys Carrying Capacity Study, and state requirements; and WHEREAS, the Planning Commission, after hearing comments at four public hearings, made changes to the staff draft amendments and, at a public hearing on November 3, 2004, recommended approval of the proposed amendments to incorporate changes to the County's environmental regulations based on the Tier system and the elimination of the Habitat Evaluation Index requirement; and WHEREAS, the Planning and Environmental Resources Department made minor changes to the proposed draft based on direction of the Planning Commission, including text revisions to ensure readability and correct typographical errors or omissions in the text and recommends approval of the proposed amendment to the 2010 Comprehensive Plan; and WHEREAS, the Board of County Commissioners reviewed, in a series of public hearings held in December 2004 through June 2005, the proposed amendments to the 2010 Comprehensive Plan recommended by the Planning Commission which delete the HEI requirements in the Plan, require an existing conditions report including a vegetation survey, require a grant of conservation easement to protect open space vegetation and limit the clearing of native upland vegetation dependent on the tier system designation, and provide for a Land .Acquisition Master Plan; and WHEREAS, the Board of County Commissioners approved revisions to the proposed amendments and, on June 14, 2005, approved a Resolution to transmit the comprehensive plan amendments to the Florida Department of Community Affairs (DCA); and C Documents and settings`tezanos-mayra Local Settings'Temporary Intemet Files`OLK16Eienvironmental- goal 105compord-a.dce Page 3 of 16 Julie Cheon Phone (30.5) 395-1985 71 -l'i"91cl- L:lne. Marathon FI 33050 Exhibit G (continued) I'[I%°ironnlental Consultant Fax (305) 743-4587 WHEREAS, the Board of County Commissioners approved in concept revisions to the habitat protection elements of the proposed amendments on August 17, 2005, in response to concerns raised by the Governor and Cabinet and negotiations with the DCA staff; and WHEREAS, the DCA responded to the County transmittal on August 31, 2005, in an Objection, Recommendations, and Comment report prepared pursuant to Rule 9J-1 1.010; and WHEREAS, during a public hearing on September 22, 2005. the Board of County Commissioners reviewed the DCA report, the staff report and response to the DCA report, and revised amendments to the 2010 Comprehensive Plan prepared by staff in response to the DCA report and the direction of the Board; and WHEREAS, the Board of County Commissioners approved further amendments to this ordinance primarily revising policies in Goal 105 to ensure internal plan consistency of the revised Tier system with the policies of Goal 105, further discourage and reduce clearing of upland native vegetation and to enhance habitat protection elements of the revised Tier system by designating tropical hardwood hammocks or pineland patches of one acre or greater in Tier III for special protection and acquisition by the County; and WHEREAS, the Board of County Commissioners finds said amendments are consistent with and further the goals, objectives and policies of the Year 2010 Comprehensive Plan. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section 1. Create a new Policy 6 that reads as follows: Policy 6 Florida's Growth Management System, including rules promulgated by the Administration Commission, has created major mandates of state requirements for Monroe County with respect to the County's designation as an area of critical state concem. These mandates, together with other federal statutes and programs, have created an interlocking partnership between the state, Monroe County and federal agencies to plan for and implement major environmental and growth management systems. This partnership entails responsibilities for the state, federal government, and County to work together in policy development and legal proceedings so that responsibility for liabilities that arise from this partnership are fairly allocated. Section 2. Delete Policy 101.4.20. Section 3. Amend Policy 101.4.22 to read as follows: Policy 101.4.22 All development shall be subject to clearing limits defined by habitat and the location of the property in the Land Use District (zoning) Overlay Tier Maps and the wetland requirements in Policy 102.1.1. The clearing limits of upland native vegetation areas for properties in the Ocean Reef planned development shall be C Documents and Setrings'dezanos-mayra'.Local Settings':Temporary Internet Files,OLK16F,environmental- g.D111u5compord-a.doc Page 4 of 16 Julie Cheon Phone (305) 395-1985 Section 4. Section 5. Section 6. 71 Tingler Lane, Marathon FI 33050 Exhibit G (continued) Environmental Consultant Fax (305) 743-4587 limited to 40 percent of the existing upland native vegetation. Except as defined in Policy 101.12.4, clearing of upland native vegetative areas in the Tiers 1, It, and III shall be limited for the portion of the property containing upland native vegetation in the following percentages: Tier Permitted Clearing [ 20% II 40% (Big Pine Key and No Name Key) [lI 40% or 3,000 s.f., whichever is greater; however, the maximum amount of clearing shall be no more than 7,500 square feet, regardless of the amount of upland native vegetative area. * Palm or cactus hammock is limited to only 10%. Amend Policy 101 14.1 to read as follows: Policy 101.14.1 Monroe County shall discourage developments proposed within the Coastal High Hazard Area (CHHA). [9J-5.006(3)(e)1] Amend Policy 102.1.1 to read as follows: Policy 102.1.1 The County shall protect submerged lands and wetlands. The open space requirement shall be one hundred (100) percent of the following types of wetlands: 1. submerged lands 2. mangroves 3. salt ponds 4. freshwater wetlands 5. fresh water ponds 6. undisturbed salt marsh and buttonwood wetlands Allocated density (dwelling units per acre) shall be assigned to freshwater wetlands and undisturbed salt marsh and buttonwood wetlands only for use as transferable development rights away from these habitats. Submerged lands, salt ponds, freshwater ponds, and mangroves shall not be assigned any density or intensity. [9J-5.006(3) (c) 1 and 6] Amend Objective 102.4 and Policies 102.4.1, 102.4.2, 102.4.3. 102A.A, and 102.4.5 to read as follows: Objective 102.4 Monroe County in cooperation with the state and other acquisition agencies shall prepare a Land Acquisition Master Plan by July 1, 2005 containing a strategy for securing funding, and a determination of those sources considered appropriate for acquisition and management of conservation lands, retirement of development rights and identification and purchase of sites for affordable and employee housing and recreational purposes. Acquisition priorities should be consistent with the tiered system adopted by this plan and as required by the State Work Program in Policy 101.2.13 in order to identify lands appropriate for voluntary purchase consistent with the comprehensive plan policies. [9J-5.006(3)(b)4, 10 and 9J-5.010(2)(c)3] C Documents and Settings•tezanos-mayra.l.ocal SettingsTemporary intemet Files OLK 16E encironmental- coal l 0 5 c ompord-a.doc Page 5 of 16 .Julie Cheon F'INit-on►neutal Consultaitk Phone (305) 395-1985 -1 Tingler Lane. Marathon FI 33050 Fay (305) 7.43-458' Exhibit G (continued) Policy 102.4.1 The 141onroe County Land Acquisition Master Plan shall be developed and implemented by the Growth Management Division, in cooperation with the Monroe County Land Authority, FDEP, FDCA, FWC, USFWS and other responsible federal and state agencies. [W-5.006(3)(c)4 and 6] Policy 102.4.2 The Land Authority and the Growth Management Division shall identify and prioritize the types of lands which shall be considered for acquisition. These lands shall include, at a minimum: I designated Tier I (Natural Areas) lands as defined in Policy 105.2.1 1. which shall include all contiguous hammock or pineland areas above four acres in area; 2. restoration areas between fragmented hammocks to increase the contiguous hammock size and buffers where appropriate and lands containing naturally occurring and native habitats; 3, fresh water wetlands, and undisturbed salt marsh, and buttonwood wetlands that are required open space under Policy 102.1 1, 4. patches of upland native vegetation of one acre or greater in area in Tier III, designated as Special Protection Areas, that provide habitat for small birds and animals and contribute to the quality of the neighborhoods; 5. lands containing unique geologic features; 6. lands whose conservation would enhance or protect water quality or would protect fish or wildlife habitat, which cannot be adequately protected through local, state and federal regulatory programs; 7. lands in Tier III for employee and affordable housing that do not involve the clearing of any upland native vegetation contained within a patch of one acre or greater; 8. lands which can be used, without adverse impacts on natural resources, for community and neighborhood parks and/or public beaches water access; 9. lands, which offer the opportunity for preservation of significant archaeological or historical sites; and 10. lands with habitat value on Big Pine Key and No Name Key to meet mitigation requirements of the Big Pine Key and No Name Key Habitat Conservation Plan. [9.1-5.006(3)(c)4 and 6] Policy 102.4.3 The Land Authority and Growth Management Division shall develop a priority list of acquisition sites. This list shall be updated annually with public input C Documents and Settings tezanos-mayra Local Settings'Temporary Internet Files.OLK16E'environmental- gc a l 10 5 c c mpord-a. doc Page 6 of 16 Julie Cheon Environmental Consultant Phone (305) 395-1985 71 Tingler Lane, Marathon Fi 33050 Fax (305) 743-4587 Exhibit G (continued) taken. in formulating this list the County shall prioritize Tier I lands over Tier lI (Big Pine Key and No Name Key) and Tier III lands. Outside the boundaries of Tier I, land with fragmented hammocks or pinelands of greater than one -acre in area and wetlands identified in Policy 102.4.2,2 shall be the second highest priority for acquisition. Acquisition of land for affordable housing in Tier III that does not involve any clearing within an upland tropical hammock or pineland of one acre or greater in area shall also be a top priority. (9J-5.006(3)(c)4 and 61 Policy 102.4.4 The Monroe County Land Acquisition Master Plan shall contain an acquisition financing plan which identifies sources of funding for acquisition of lands on the Priority List. Land acquisition will be a coordinated effort between the state and federal govermnents and the County. The County shall petition the state and federal government to accept primary responsibility for acquisition of Tier I, conservation and natural lands. The County shall be responsible for purchases in Tier II (Big Pine Key and No Name Key) and in Tier III of wetlands and fragmented hammock or pineland areas of one -acre or greater. Land acquisition for other priorities depends upon funding availability, need and future use. (9J- 5.006(3)(c)4 and 61 Policy 102.4.5 An intergovernmental organization and management structure shall be developed to implement the expanded acquisition program, including representatives of the Growth Management Division, Land Authority, municipalities and state and federal agencies. (9J-5.006(3)(c)4 and 6] Section 7. Delete existing Policy 102.4.6 and create new Policy 102.4.6 that reads as follows: Policy 102.4.6 The Monroe County Land Acquisition Master Plan shall contain policies to direct the overall acquisition program, criteria to follow when setting priorities for acquisition and a framework for the acquisition process and the sharing of responsibilities. At a minimum the plan shall include the following: Environmental protection, density reduction and passive recreation: a) public acquisition, ownership and maintenance will be the preferred option for Tier I lands and for clusters of undisturbed wetland and tropical hardwood hammock, or pineland patches of one acre or greater in size in Tier II (Big Pine and No Name Key) and Tier III; b) buy/sell back to the adjacent property owners option will be followed in Tier II, where sprawl and density reduction and mitigation requirements of the Habitat Conservation Plan for Big Pine Key and No Name Key are the prime impetus for land purchase. A higher priority for acquisition will be given to those parcels in Tier fl (Big Pine and No Name Key) with neighboring properties owners or communities who want to partner with the county to purchase the lots and take responsibility for maintenance and protection of any areas of native vegetation; C Documents and Settings'Aczanos-mayra'.Local Settings7emporwy Intemet Files OLK 16Elenvironmental- goa l 105 compord-a. doc Page 7 of 10 Julie Cheon L'[IN ironnlent:�l ('onwt�itatttm Phone (305) 395-1985 71 TiMIler Lane, Marathon FI 33050 hax (305) 743-438 Exhibit G (continued) c) purchased lands that can also provide needed recreational opportunities will be identified in coordination with the Parks and Recreation Board and a plan for utilization developed: d) non -purchase options will also be explored and specific recommendations included; e) criteria for the ranking of land acquisitions within the different priority areas will include 1) the size and the location of the property and surrounding land uses including management status, 2) minimization of the edge to area ratio of parcels by combining lots for acquisition. 3 ) potential for successful reclamation if within a larger, better hammock quality area, and 4) maintenance costs for isolated parcels. Affordable and employee housing: a) parcels in Tier III suitable for the development or redevelopment of six or more residential units will be identified and prioritized for acquisition; a) priority for acquisition will be given to projects that are ready to proceed with ROGO allocations available; b) public/private/non-profit partnerships and/or agreements will be utilized to develop the site and maintain the affordability of residential units in perpetuity. Section 8. Create new Policy 102.4.7 that reads as follows: Policy 102.4.7 Lands acquired through the Monroe County Land Acquisition Program shall be managed to restore, preserve, and protect the conservation, recreation, density reduction and affordability purposes for which the lands were acquired. (See Recreation and Open Space Objective 1201.11 and related policies.) [9.1- 5.006(3)(c)4 and 6) Section 9. Amend Policy 102.7.3 to read as follows: Policy 102.7.3 Monroe County shall discourage developments proposed on offshore islands by methods including, but not limited to, designating offshore islands as Tier 1 lands. [91-5.006(3)(c)6) Section 10. Amend Policy 102.8.1 to read as follows: Policy 102.8.1 Monroe County shall discourage developments which are proposed in units of Coastal Barrier Resources System (CBRS). [W-5.006(3)(e)6) Section 11. Amend Policy 102.8.5 to read as follows: Policy 102.8.5 :Monroe County shall continue its efforts to discourage the extension of facilities and services provided by the Florida Keys Aqueduct Authority and private C 'Documents and Settingstezanos-mayra Local SettingslTemporary Intemet Files�OLK 16E',en%ironmental- Rea'.105compord-a.doc Page 8 of 16 Julie Cheon Environmental Consultant Phone (305) 395-1985 71 Tingler Lane, Marathon Fl 33050 Fax (305) 743-4587 Exhibit G (continued) providers of electricity and telephone service to CBRS units. These efforts shall include providing each of the utility providers with: a map of the areas of Monroe County which are included in CBRS units; a copy of the Executive Summary in Report to Congress: Coastal Barrier Resources System published by the U.S. Department of the Interior, Coastal Barriers Study Group, which specifies restrictions to federally subsidized development in CBRS units; and Monroe County policies regarding local efforts to discourage both private and public investment in CBRS units. [9J-5.006(3)(c)6] Section 12. Amend Objective 102.9 and Policies 102.9.1, 102.9.2, 102.9.3, and 102.9.4 to read as follows: Objective 102.9 In cooperation with other responsible state and federal agencies, Monroe County shall complete and implement a cooperative land management program for publicly owned lands acquired through implementation of the Monroe County Land Acquisition Master Plan (Objective 102.2), Goal 105 and the Florida Keys Carrying Capacity Study. Policy 102.9.1 Monroe County shall discourage developments which are proposed in Tier I through the permit allocation system and the environmental regulations. [9J- 5.006(3)(c)6] Policy 102.9.2 Monroe County, in cooperation with appropriate state and,'or federal agencies, shall initiate a planning process to develop policies to direct the over-all management program for publicly owned native lands. Changes in policies and specific management strategies may be modified as the program progresses, acquisitions continue and new information becomes available through biological research or monitoring of the management units. [9J-5.006(3)(c)3] Policy 102.9.3 In cooperation with other responsible state and federal agencies, Monroe County shall develop organization and management plans to initiate a program for protection, restoration and management of acquired lands. Management objectives for specific management units will be developed in concert with state, federal and municipal land management programs responsible for adjoining lands. Policy 102.9.4 Management plans shall be reviewed every three years, in cooperation with the appropriate state and!or federal agencies. Revisions to each management plan shall be made as necessary to reflect recent land acquisitions and changing management priorities. [9J-5.006(3)(c)6] Section 13. Delete Policies 102.9.5 and 102.9.6. C Documents and Settings. tezanos-mayra`•Local Settings\Temporary Internet Files OLK)6Fenvironmental- goal 105compord-a.doc Page 9 of I6 .Julie C`heon l,;nN ironmental Consultant Phone (305) 395-1985 "T 1 "Linder Lane, Marathon F133050 Fax (305) 7.13-4587 Exhibit G (continued) Section 14. Amend Policy103.2.1 to read as follows: Policy 103.2.1 Monroe County shall implement methods including, but not limited to. designating known habitat of the Schaus's swallowtail butterfly as Tier I. (91- 5.012(3)(c)1, 9J-5.013(2)(c)5 and 6] Section 15. Delete Policy 103.2.2. Section 16 Amend Policy 105.2.1 to read as follows: Policy 105.2.1 Monroe County shall designate all lands outside of mainland Monroe County, except for the Ocean Reef planned development, into three general categories for purposes of its Land Acquisition Program and smart growth initiatives in accordance with the criteria in Policy 205. L l These three categories are: Natural Area (Tier 1); Transition and Sprawl Reduction Area (Tier 11) on Big Pine Key and No Name Key only; and Infill Area (Tier III). The purposes, general characteristics, and growth management approaches associated with each tier are as follows: Natural Area (Tier I): 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. 2. Transition and Sprawl Reduction Area (Tier II): Any defined geographic area on Big Pine Key and No Name Key, where scattered groups and fragments of environmentally sensitive lands, as defined by this Plan, may be found and where existing platted subdivisions are not predominately developed, not served by complete infrastructure facilities, or not within close proximity to established commercial areas, is to be designated as a Transition and Sprawl Reduction Area. New development is to be discouraged and privately owned vacant lands acquired or development rights retired to reduce sprawl, ensure that the Keys carrying capacity is not exceeded, and prevent further encroachment on sensitive natural C Documents and Setttngs'tezanos-rnayra`•Local Settings`.Ternporary Internet hlestOLK16E'emironmental- goal 105c omperd-a.doc Page 10 of 16 Julie Cheon Phone (305) 395-1985 Section 17 71 "Cingler Lane, Marathon FI 33050 Exhibit G (continued) Environmental Consultant Fax (305) 743-4587 resources. Within a Transition and Sprawl Reduction Area are typically found: scattered small non-residential development and platted subdivisions with less than 50 percent of the lots developed; incomplete infrastructure in terms of paved roads, potable water, or electricity; and scattered clusters of environmentally sensitive lands, some of which are within or in close proximity to existing platted subdivisions. Infill Area (Tier 1II): Any defined geographic area, where a significant portion of land area is not characterized as environmentally sensitive as defined by this Plan, except for dispersed and isolated fragments of environmentally sensitive lands of less than four acres in area, 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, except within tropical hardwood hammock or pineland patches of an acre or more in area, where development is to be discouraged. 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 terms 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. Amend Policy 105.2.3 to read as follows: Policy 105.2.3 The priority for acquisition of lands and development rights under the County's Land Acquisition Program shall be as follows: Tier I (Natural Area) -first priority; Tier II (Transition and Sprawl Reduction Area) and patches of tropical hardwood hammock or pinelands of one acre or greater in area within Tier III -second priority; and Tier III (Infill Area)- third priority, except acquisition of land for affordable housing shall also be a first priority. These acquisition priorities shall be applied consistent with the Policy 105.2.10 that directs the focus of the County's acquisition efforts to the acquisition or retirement of development rights of privately owned vacant platted subdivision lots within Tiers I and II. Federal, State and local funding will be used for purchasing privately owned vacant lands for Tier II. Section 18. Amend Policy 105.2.6 to read as follows: Policv 105.2.6 Monroe County shall implement a land acquisition program to acquire most privately owned vacant private lands within areas designated as a Transition and Sprawl Reduction Area (Tier 11) on Big Pine Key and No Name Key and patches of tropical hardwood hammock or pinelands of one acre or greater in area identified as a Special Protection Area within a designated Infill Area (Tier Ill). C 'Documents and Settings,tezanos-mayra Local Settings Temporary Internet FilesXOLK161i.environmental- go a l 105 c om po rd-a. doe Page 11 of 16 Julie Chet►n i'hone (305) 395-1985 Section 19 Section 20. Section 21 Section 22. %1 "1'ijigier Lane. Marathon H 33050 Exhibit G (continued) Amend Policy 105.2.7 to read as follows: l"'m in►nluental Consultant Fax (305) 743-458­ Policy 105.2.7 Monroe County shall implement an acquisition program to acquire privately owned vacant lands disturbed or scarified properties for affordable housing within areas designated as an Infill Area (Tier 111). Amend Policy 105.2,10 to read as follows: Policy 105.2.10 In terms of effort, Monroe County shall primarily focus its Land Acquisition Program on the acquisition or retirement of development rights of vacant privately -owned, buildable, platted lots within Tier I and Tier II and the acquisition of scarified and disturbed lands for affordable housing within Tier III. This policy recognizes the critical need for the County to aggressively address the imbalance between development expectations of private property owners and the finite carrying capacity of the natural and man-made systems in the Florida Keys. Amend Policy 105.2.12 to read as follows: Policy 105.2.12 With respect to the relief granted pursuant to Policy I06,1 (Administrative Relief) or Policy 101.19.5 (Beneficial Use), a purchase offer shall be the preferred form of relief for any land within Tier 1 and Tier II, or any land within Tier III in accordance with the criteria in Policy 101.6.5. Amend Policy 204.2.1 to read as follows: Policy 204.2.1 To protect submerged lands and wetlands the open space ratio shall be 100 Percent of the following types of wetlands: I submerged lands; 2. mangroves; 3. salt ponds; 4. freshwater wetlands; 5. freshwater ponds; and 6. undisturbed saltmarsh and buttonwood wetlands. Allocated density (dwelling units per acre) shall be assigned to freshwater wetlands and undisturbed salt marsh and buttonwood wetlands only for use as transferable development rights away from these habitats. Submerged lands, salt Ponds, freshwater ponds and mangroves shall not be assigned any density or intensity. M-5.012(3)(c)l and 2; 9.1-5.013(2)(c)6) Section 23. Amend Objective 205.1 and Policies 205.1.1, 205.1.2, 205.1.3, 205.1 A, 205.1.5, and 205.1.6 to read as follows: Objective 205.1 C'. Documents and Settings`tezanos-mayra'Local Settings%Tempnrary Internet Files `OLK16E1environmental- if 105compord-a.doc Page 12 of 16 ,Julie Cheon Environmental Consultant Phone (30.5) 395-1985 71 Tingler Lane, Marathon FI 33050 Fax (305) 713-4587 Exhibit G (continued) Monroe County shall utilize the computerized geographical information system (GIS) and the data, analysis and mapping generated in the Florida Keys Carrying Capacity Study (FKCCS), FMRI, habitat maps and field evaluation to identify and map areas of upland vegetation in the Florida Keys and to prepare Tier Overlay District Maps as required in Policy 105.2.2. [9J-5.012(3)(b)1; 9J-5.013(2)(b)31 Policy 205.1.1 The County shall establish the following criteria at a minimum to use when. designating Tiers: [9J-5.013(2)(c)91 1. Land located outside of Big Pine Key and No Name Key shall be designated as Tier I based on following criteria: ■ Natural areas including old and new growth upland native vegetated areas, above 4 acres in area. • Vacant land which can be restored to connect upland native habitat patches and reduce further fragmentation of upland native habitat. ■ Lands required to provide an undeveloped buffer, up to 500 feet in depth, if indicated by appropriate special species studies, between natural areas and development to reduce secondary impacts; canals or roadways, depending on size may form a boundary that removes the need for the buffer or reduces its depth. • Lands designated for acquisition by public agencies for conservation and natural resource protection. • Known locations of threatened and endangered species. • Lands designated as Conservation and Residential Conservation on the Future Land Use Map or within a buffer!restoration area as appropriate. ■ Areas with minimal existing development and infrastructure. 2. Lands on Big Pine Key and No Name Key designated as Tier 1, II, or III shall be in accordance with the wildlife habitat quality criteria as defined in the Habitat Conservation Plan for those islands. 3. Lands located outside of Big Pine Key and No Name Key that are not designated Tier I shall be designated Tier III. 4. Designated Tier III lands located outside of Big Pine Key and No Name Key with tropical hardwood hammock or pinelands of one acre or greater in area shall be designated as Special Protection Areas. 5. Lands within the Ocean Reef planned development shall be excluded from any Tier designation. Policy 205.1.2 The County shall ground -truth the upland habitats identified in the AD1D habitat maps, aerial photography, satellite imagery and the FKCCS, including mapping and preliminary habitat evaluations. Priority shall be given to natural upland communities of four acres or greater. [9J-5.013(2)(c)91 C Documents and Settmgs`-tezanos-ma}Ta-Local Settings'Temporary Intemet Files,OLK16E':environmental- goal 105compord-a. doc Page 13of16 ,Julie (;peon l"M il-onnlental ('onsultant Phone (305) 395-1985 71 7 ingler Lane, Marathon F133050 Fax (305) 743_4557 Exhibit G (continued) Policy 205.1.3 The County shall enter ground-truthed upland native vegetated area location and evaluation data into the Geographic Information System (GIS) and use the GIS to analyze the data and prepare the Tier Overlay District Maps for adoption as required in Policy 105.2.2. [9J-5.013(2)(c)9] Policy 205.1.4 The GIS will be used to evaluate the lands designated in the different Tiers identifying vacant lands, platting and ownership status, zoning, and appraised values for acquisition planning. [9J-5.013(2)(c)91 Policy 205.1.5 Land management activities, land acquired and permit data shall be incorporated into the GIS annually. M-5.013(2)(c)91 Policy 205.1.6 The County shall coordinate its upland native vegetation mapping and evaluation efforts with those of federal and state agencies and private researchers so as to avoid duplication of effort. These agencies shall include, at a minimum, the Environmental Protection Agency (EPA), Army Corps of Engineers (ACOE), Florida Department of Environmental Protection (FDEP), Florida Department of Community Affairs (FDCA), South Florida Water :'Management District (SFWMD), Florida Fish and Wildlife Conservation (FWC), and nongovernmental environmental groups. [9J-5.013(2)(c)9] Section 24. Amend Objective 205.2 and Policies 205.2.1, 205.2.2. 205.2.6. 205.2.7, 205.2.12, and 205.2.14 to read as follows: Objective 205.2 To implement Goal 105 of this Plan and the recommendations in the Florida Keys Carrying Capacity Study (FKCCS), Monroe County shall adopt recisions to the Land Development Regulations which further protect and provide for restoration of the habitat values of upland native vegetated communities, including hardwood hammocks and pinelands. [9J-5.012(3)(b)l; 9J-5.013(2)(b)3] Policy 205.2.1 Monroe County shall designate the boundaries of the overlay tier system based on the criteria in Policy 205.1 1. Policy 205.2.2 Monroe County shall discourage developments in Tier I and within tropical hardwood hammock or pinelands of one acre or more in area to protect areas of native upland vegetation. (See Policy 101.5.4). [W-5.012(3)(c)l, 2 and 3; 9J- 5.014(2)(c)6] Policy 205.2.6 The permitted clearing of native upland vegetation communities shall be defined by habitat and the location of the property in the tier overlay district maps. Clearing of upland native vegetation communities in the Tiers CH, and III shall C nccuments and Settings•.tezanos-mayra`Local Settings`.Temporary Internet Files `.OLK 16E`environmental- i (6Scompord-a.doc Page 14 of 16 Environmental Consultant Julie Cheon Phone (305) 395-1985 71 Tingler Lane, Marathon Fi 33050 Fax (305) 743-4587 be limited for the portion of the property containing upland native vegetation in accordance with Policy 101.4.22. Policy 205.2.7 Clearing of native vegetation shall be limited to the percentage and maximum allowed in Policy 101.4.22. For applications that receive points for lot aggregation under the Permit Allocation System for residential development, clearing of upland native vegetation shall be limited to a maximum of 5,000 square feet. 'The immediate development area shall include the area of approved clearing shown on the approved site plan. The immediate development area shall be fenced throughout the duration of construction. During construction, there shall be no disturbances of the ground surface and vegetation within areas of native upland vegetation not approved for clearing. [9J-5.013(2)(c)31 Policy 205.2.12 Monroe County shall use the legal conditions of land existing as of February 28. 1986 and as depicted on the "December 1985 Habitat Classification Aerial Photographs," hereby incorporated by reference as a base line for the type and extent of habitat on a parcel. The 1985 maps shall be supplemented by recent aerial photography and existing site analysis to determine any increases in the amount of upland native vegetated areas. Policy 205.2.14 Monroe County shall require, in the Land Development Regulations an Existing Conditions Report including a vegetation survey for any development that may disturb native upland vegetation. At a minimum the report shall include an analysis of the potential impacts of the proposed development on native upland habitats, a description of the measures designed to reduce identified adverse impacts including clustering. Section 25. Amend Objective 205.5 and Policies 205.5.1 and 205.5.2, to read as follows: Obiective 205.5 Monroe County, together with private, state, and federal agencies, shall establish a program for acquiring native upland habitat to implement Goal 105 and the recommendations in the FKCCS. (See Future Land Use Objective 102.4 and related policies). [9J-5.012(3)(b)4; 9J-5,013(2)(c)6] Policy 2055.1 The Monroe County Division of Growth Management shall work cooperatively with the Monroe County Land Authority and other responsible state and federal agencies in developing and administering the acquisition program. Acquisition shall be undertaken to implement -the Monroe County Land Acquisition Master Plan (Objective 102.4). [9J-5.012(3)(c)2; 9J-5.013(2)(c)61 Policy 205.5.2 A list of priority native upland habitat acquisition sites in Tier I shall be drafted and reviewed annually with public input taken. This list shall be developed by C. Documents and Settings qezanos-mayrSLocal Settings%Temporary Internet Files,OLK 16F.environmental- goal 1,}5compord-a.doc Page 15 of 16 Julie ('hewn Pholte (305) 395-1985 -'A FinL'ler. L,anct, Marathon H 331150 1'.n1F1`t;1Y111t'tCif9t � tYt•4ix)(;�1 l :rti. a"stfzl' .., ) i_.i.,,.i Monroe County in consultation with representatives of FDEP. FDCA, USI'A'S, SFWMD, FWC and others as appropriate. Section 26. Delete Policy 207.1.2, and renumber Policies 207 1.3, 207.1,3. 207 1.4, and 207 1.5 to 207 L2, 207 1.3, and 207.1.4 respectively. Section 27. Delete Policy 207.10.5. and renumber Policy 207 10.6. 207 10.7. and 20-7 10.9 to 207.10.5, and 207.10.6. and 207,10.7 respectively. Section 28. Delete Policy 207.12.6 and renumber Policies 207.12.7, 207.12.8 to 207 12.6 and 207.12. '17 respectively. Section 29. Delete Objective 1201,13. Section 30. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 31. All ordinances or parts of ordinances in conflict with this ordinance are hereby the repealed to the extent of said conflict. The repeal of an ordinance herein shalt not repeal repealing clause of such ordinance or revive any ordinance which has been repealed thereby. Section 32. This ordinance shall be filed in the Office of the Secretary of State of Florida but shall not become effective until a notice is issued by the Department Administration Commission approving the ordinance. of Community Affairs or ut Section 33. This ordinance shall be transmitted by the Planning and Environmental Resources Department to the Florida Department of Community Affairs in accordance with the requirements of 91-11.011, Florida Administrative Code. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 22nd day of September A.D. , 2005. Mayor Dixie Spehar Go U a Yes Mayor Pro Tern Charles "Sonny" y'• McCoy Yes Commissioner George Neugent f e Commissioner Commissioner David Rice -cc Commissioner Murray E. Nelson Yea r 1c o Yes z_JWo BOARD OF COUNTY COMMISSIONERS OF er a z MONROE COUNTY, FLORIDA co 0 /y BYE IVlayovChairperson (SEAL) ATTEST' DANPIY KOHLAGE. CLERK NONHOE COUNTY ATT011NEK APPpOYED AS�gM Q p _ Deputv Clerk�y C Doc urncros and 5enings-.(ezanos-mavra-Local goal 105cornpord-a.doc Settings Temporary Internet Files OLK16E.en, trenmental- Page 16 of 16 Ladies and Gentlemen and Members of the Board, We own 4 separate properties currently on the Fema List. They are Florida Parcels #00490160-000000, 00490130-000300, and 00490130-000000 which are side by side and adjoining on the corner of Hwy #1 and Ellis Street in Tavernier. The fourth property is on Sterling Road a block away, also in Tavernier. The Sterling Road property has had a house on it since 1948 it is Property # 00451220- 000000. The 3 other parcels that adjoin the Sterling Road property have had buildings at various times. Property # 00490160-000000 with a physical address of 92510 Overseas Hwy, Tavernier is my home, which consists of my home and two other guest cottages. The three buildings were constructed between 1954 and 1964, and when I bought the property in 2000, 1 installed brick pavers and completely landscaped the open scarified 1 + acres, as the pictures I will show you verify. Properties 00490130-000000 and 00490130-000300 connected to my home the aforementioned property. These two lots I bought in 2008 to protect my home and property value. These two properties over the years had been used to dump debris from hurricanes, construction, and just plain trash. It was overgrown with exotics such as Brazilian pepper. In 2008 1 engaged the late Jeff Ekblom of Family Tree Landscaping Service to clean up the debris and spoil piles. We hauled six 30 yard dumpsters away filled with trash. We then contacted David DeSilva, the county biologist, who came to the property and showed us which exotics could be removed. We filled three more dumpsters with exotics, being careful not to damage adjoining vegetation. After the exotic removal, we immediately contracted Julie Cheon, an environmental consultant who prepared a Vegetation Survey and Environmental Report and an Environmental Assessment and Habitat Suitability Report, which we soon after had our attorney Frank Greenman submit to Mr.Morgenstern requesting release from the "Fema List." After numerous back and forth communication we were denied removal. Which brings us to now. I am retired and I carry no debt. All of my retirement money has been invested in these 4 properties, only to find we are hostages in a legal game we don't even fully understand. ca E. EL/ (D S z A 2 ■ g § 17 ƒ v 0)} / k § �I > �! z 0 m � k 3 u � �§ ■ i� (D 0 z § m m m m ° (D 9®� 2 § ƒ _ a r r = r r ,z » \ 0. Ili k k) k ° § Q 3 g 0n I o ' >� X z / ( > = m § o: 2 � m ■ �k I « r � � Io m �� / f 0 E 2 � f o c i \� \ ; @. \ n/ \ � / 6 § / � 7 e 0 » m \ & (0 o ƒ i \m \ k 0 § '° � \ 0 y \ io # �CL § 7 M » » � ± � ■ $ � ; k k ® � � � � � » ° 7 E \ I w \ ® k § S $ \ to / z \ k z 2OD M m \ £ 0 m § 0 x _ M R o a 2 k CD & E � w ■ / % LOw . CONSULTING SYSTEMS bivEoa €aa I. � a c cess rr�.6nks ., .: - 14 April 2011 Marlene Lundy Post Office Box 686 Tavernier, Florida 33070 RE: Existing Conditions Letter Lot 7, Block 2 Harris Ocean Park Dove Lake Drive MM 92.5, Oceanside Dear Ms. Lundy: ,inc. • 00"S c6.L—V-S . hAKtAt Ah.A eas via USPS regular mail As requested, please consider this letter as a brief description of the existing environmenta 2011 during the mid -morning. l conditions on the above referenced property . An on -site visit was conducted on the 06 April The property consists of a broken canopy of native tropical hardwood hammock. The predominant canopy trees observed were: gumbo limbo (Bursera simaruba), Jamaican dogwood (Piscidia piscipula), poisongood (Metopium taxiferum), and willow busric (Sideroxylon salicifolium). The understory and ground cover growth are nonexistent. The property is completely fenced with chain -link and an existing area" is on the SW corner of the site with an existing "car canopy" cover. In addition, there isga 15 °X100' area of pea -rock fill encroachment from the neighboring existing residential home (Lot 6) along the eastern perimeter of the property. The properties directly adjacent to the west (Lots 8-?) consisted of a closed canopy of tropical hardwood hammock. The remaining properties directly adjacent and diagonally to your property contained existing residential houses. Please do not hesitate to contact me if you require additional information or have anv questions. Sincerely, Susan V. Sprunt President 102 Mohawk Street, Tavernier, Florida 33070 • Telephone: 305.852.1920 =nlsYARMAil cm e-mail FRONT/nTREET6IDE NEW Plat shoreline 100' Plat / 99.99' C. -•��- 18.2' S.a' `• 50' Pl./49.99' C.'•' ' S0' Pl./49.99' C.•` •'•`•`• * +* R ` ` . • in . •n -� . `.' •r1' a' 'n `g` `r` `o v e `s• . _ . .� . __ -H • Usti EDGE LANDWARD ' ng ` ` • ` • ` • ` OF MANGROVES ShoreUne • ---�. AS PER FIELD DETEM11NATION A.M. W.L. ` 1- 25' Sc "� FROM MANGROVES \�\ • ` RETAINING WALL - TOP +' 15UILI:�ING LINE VE \ CL U o _ J _j a� Ifd'X25' ruml ¢i�/�\■ DRIVEWAY PAVED 24' x2.5' i w+ 100' Plat / 9. 9' CAM. i 1-- El. 3.38, T A R P❑ N Pipe & Cnp Set (offset) x2.4' I •� CU I **T I 0 ---j U ~ 22' Lr in O 20'x34' 2 0 SWALE J J • 2,0' D I I I� �IdS I_ Lo N I a.— A V E N U E 'LOT FLAN DESCRIPTION( Lots 29 and 30, Block 2, REVISED AMENDED PLAT OF RIVIERA VILLAGE, according to the Plat thereof, as recorded in Plat Book 2, at Page 80, of the Public Records of Monroe County, Florida. ALLOCATION SCORES TIER III ................. 30 LOT ACzGxREGATION ...... 4 CENTRAL WASTEWATER ... 4 TOTAL.... 38 Owner: Location: ----------------- RE Number: Legal Description: TIER Designation BOCC Meeting 05/04/11 Property Owner Request v4pyl I rapa^;1 Property Information PARCELS B AND C LLC -....Stock Island 00123910-000000 COW KEY ALL Existing Tier Designation: ............................ No current Designation Proposed Tier Designation:,........................Tier 3 Executive Summary We request the Board of County Commissioners ("BOCC") designate Stock Island Parcel No. 000123900-000000 be designated Tier 3. The parcel currently has no Tier designation. Tier 3 status is appropriate under the designation criteria of the Monroe County Comprehensive Plan and the Land Development Code. While the parcel has a Residential Conservation FLUM designation, and Native Area zoning. The property is not a known location of threatened or endangered species, does not connect areas of upland habitat, does not serve as a buffer to upland habitat, is not targeted for public acquisition, is not zoned for conservation or preservation, and is adjacent to marine industrial uses. Analysis Trepanier and Associates analyzed the above parcel under the Tier designation criteria of the Monroe County Comprehensive Plan Policy 105.2.1 and the Land Development Code Section 130-130. The analysis was based on available county records and existing conditions. Records Review: ■ TDRC Map Series 86 ■ FLUM Panels 582 ■ Zoning Map Page 8 ■ Aerial Photographs Page 1 of 3 The above records demonstrated the following: Record Analysis TDRC Map Series 86 The map series shows the parcel in question currently has no Tier designation and the TDRC recommended it for change to Tier 1. FLUM Panels 582 The parcel has one FLUM designation: Mixed Use Commercial Zoning Map Page 8 The parcel is split by two zoning designations: Mixed Use and Offshore Island Aerial Photography Aerial photography shows this site is a scarified industrially used site and adjacent to industrially used sites. Tier Designation Criteria Application of the Tier designation criteria results in a Tier 3 designation. Tier 1 Designation Criteria Analysis Complies? Vacant lands which can be restored to This site does not connect upland native connect upland native habitat patches habitat patches and designation as Tier No and reduce further fragmentation of 1 will not reduce further fragmentation of upland native habitat. upland native habitat. Lands required to provide an undeveloped buffer, up to 500 feet in depth, if indicated as appropriate by This site does not provide an special species studies, between natural undeveloped buffer between natural areas and development to reduce areas and development as appropriately No secondary impacts. Canals or roadways, indicated by special species studies. depending on width, may forma boundary that removes the need for the buffer or reduces its depth. Lands designated for acquisition by public This land is not designated for agencies for conservation and natural acquisition by public agencies for No resource protection. conservation and natural resource protection. Known locations of threatened and This site is not a known location of endangered species, as defined in threatened and endangered species, as section 101-1, identified on the defined in section 101-1, identified on threatened and endangered plant and the threatened and endangered plant No animal maps or the Florida Keys Carrying and animal maps or the Florida Keys Capacity Study maps, or identified in on- Carrying Capacity Study maps, or site surveys. identified in on -site surveys. Conservation, native area, sparsely The site has NA zoning, but is primarily settled, and offshore island land use wetland. Partially districts. Areas with minimal existing development The site is located on south Stock and infrastructure Island, with high density residential and No marine industrial infrastructure. Page 2 of 3 TIER 3 Designation Criteria Analysis Complies? This parcel is located outside of Big Pine All other lands outside Big Pine Key/No Key/ No Name Key and does not fit the Yes Name Key not designated as Tier 1 characteristics associated with Tier 1 parcels. TDRC Map Series 86............................................................... FLUM Panels 582... Zoning Map Page 8---------------------------------- -......... -................ ----- AerialPhotography------------------------------------------------------------------- Exhibits .....Exhibit A Exhibit B Exhibit C Exhibit D Page 3 of 3 TIER Designation BOCC Meeting 05/04/11 Property Owner Request Property Information Owner-----------------------------------------------------........ Cow LLC Location: Stock Island RE Number: 00123900-000000 Legal Description: ............................................. BAY BOTTOM ADJ TO COW KEY Existing Tier Designation: ............................. No current Designation Proposed Tier Designation: ......................... Tier 3 Executive Summary We request the Board of County Commissioners ("BOCC") recommend that Stock Island Parcel No. 000123900-000000 be designated Tier 3. The parcel currently has no Tier designation. Tier 3 status is appropriate under the designation criteria of the Monroe County Comprehensive Plan and the Land Development Code. The parcel has a Mixed Use Commercial FLUM designation. The parcel has Mixed Use zoning. There is a barrier mangrove island within the parcel but unattached zoned Offshore Island. The property is not a known location of threatened or endangered species, does not connect areas of upland habitat, does not serve as a buffer to upland habitat, is not targeted for public acquisition, is not zoned for conservation or preservation, and is adjacent to Urban Residential Mobile Home and Marine Industrial districts. Analysis Trepanier and Associates analyzed the above parcel under the Tier designation criteria of the Monroe County Comprehensive Plan Policy 105.2.1 and the Land Development Code Section 130-130. The analysis was based on available county records and existing conditions. Records Review: ■ TDRC Map Series 86 ■ FLUM Panels 582 ■ Zoning Map Page 8 ■ Aerial Photographs Page 1 of 3 The above records demonstrated the following: Record Analysis The map series shows the parcel in question currently has no Tier TDRC Map Series 86 designation and the TDRC recommended it for change to Tier 1. FLUM Panels 8 The parcel has one FLUM designation: Mixed Use Commercial The parcel is split by two zoning designations: Mixed Use and Zoning Map Page 8 Offshore Island Aerial photography shows this site is a scarified industrially used Aerial Photography site and adjacent to industrially used sites. Tier Designation Criteria Application of the Tier designation criteria results in a Tier 3 designation. Tier 1 Designation Criteria Analysis Complies? Vacant lands which can be restored to This site does not connect upland native connect upland native habitat patches habitat patches and designation as Tier No and reduce further fragmentation of 1 will not reduce further fragmentation of upland native habitat. upland native habitat. Lands required to provide an undeveloped buffer, up to 500 feet in depth, if indicated as appropriate by This site does not provide an special species studies, between natural undeveloped buffer between natural areas and development to reduce areas and development as appropriately No secondary impacts. Canals or roadways, indicated by special species studies. depending on width, may form a boundary that removes the need for the buffer or reduces its depth. Lands designated for acquisition by public This land is not designated for agencies for conservation and natural acquisition by public agencies for No resource protection. conservation and natural resource protection. Known locations of threatened and This site is not a known location of endangered species, as defined in threatened and endangered species, as section 101-1, identified on the defined in section 101-1, identified on threatened and endangered plant and the threatened and endangered plant No animal maps or the Florida Keys Carrying and animal maps or the Florida Keys Capacity Study maps, or identified in on- Carrying Capacity Study maps, or site surveys. identified in on -site surveys. Conservation, native area, sparsely The site has multiple zoning districts. It settled, and offshore island land use is comprised mostly of Mixed Use Partially districts. although there is a barrier island with an Offshore Island zoning designation. Areas with minimal existing development The site is located on south Stock and infrastructure Island, with high density residential and No marine industrial infrastructure. Page 2 of 3 TIER 3 Designation Criteria Analysis Complies? This parcel is located outside of Big Pine All other lands outside Big Pine Key/No Key/ No Name Key and does not fit the Yes Name Key not designated as Tier 1 characteristics associated with Tier 1 parcels. TDRC Map Series 86... FLUM Panels 582 Zoning Map Page 8...... Aerial Photography____._. Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Page 3 of 3 Salvador Farina 1310 Flagler Ave Key West, FL 33040 Planning & Environmental Resources Dept 2798 Overseas Highway Suite #400 Marathon, FL 33050 Subject: Appeal of Proposed Tier Change, Two -Lot Parcel 00210090-000000 00210080-000000 Board of County Commissioners, May 3rd 2011 We object to the proposed change of our property from Tier IIIA to Tier 1, and appeal to the Board of County Commissioners (BOCC) that this two -lot parcel be designated Tier Ill. This parcel contains two dry lots located on Angelfish Drive in the Ramrod Shores Marina Subdivision (lots 9/10). The parcel has full utilities and infrastructure available, and is in close proximity to Overseas Highway and various commercial operations. These operations include the Boondocks Bar / Restaurant / Mini -Golf Complex, several large commercial buildings and a grocery store. A recent Vegetation Survey indicates the parcel was previously disturbed and now is now infested with dense and aggressive exotics which predominantly control the parcel. As this area was partially cleared of foliage in the mid-1980's, it is remarkably different in nature to other adjacent parcels and has the clear characteristics of a "Disturbed Area - controlled by invasive exotics" which does not provide a suitable conservation buffer. Most importantly, this property meets the exact criteria of a Tier III Infill Area described in the Monroe County Comprehensive Plan, and does not meet the County criteria for a Tier I or IIIA (SPA) area. It is obvious that the existing residential and commercial nature of the area surrounding and immediately adjacent to this parcel will provide little meaningful buffer or habitat conservation, and if left unchecked will allow the invasive exotics to completely dominate surrounding areas. We respectfully request the BOCC consider a Tier III classification for this two -lot parcel. Supporting Facts: - the parcel is located in a residential neighborhood in Ramrod Key, Angelfish Dr (Lot 9/10), on the south side of a 16' wide paved street with eleven full-time residency homes existing on this street (the closest bordering the parcel to the west). - the parcel is located only 450' north of Overseas Highway, and the rear of the lot is only 180' from Boondocks Bar, Restaurant, and Mini -Golf Course, as well as several large commercial buildings and a grocery store. - full utilities are at the front of the lot to include water, electrical power, and telephone. - residential infrastructure exists for the eleven homes on this street and includes garbage pickup, mail delivery, and school bus pickup. - a large full-time residence with two buildings borders the parcel to the west. - a 500' circle around the property contains US I and its associated runoff areas, Boondocks Bar and Restaurant, Boondocks Mini -Golf, two large commercial office buildings, twenty-five houses and structures, four major 16' streets, full residential infrastructure, seven Tier IIIA or ROGO lots, and only twenty-six empty lots comprising a total of only 3.6 acres. The area as a whole contains greater than 60% development and is best described as Tier III. - the lot(s) were initially cleared of most foliage in 1985 and were "heavily disturbed" at that time, which created an approximately 3,500 square feet or nearly 30% coverage area of invasive exotics located in the front - center of the parcel. Remaining foliage is comprised of "Disturbed Low Hammock" overgrown and controlled by invasive exotics, providing a poor quality buffer or conservation area due to the invasive exotics permeating the parcel. - the lot was filled prior to 1980, contains no wetland areas, and is zoned "Dry IS" for residential use. - the Vegetation Study reports no signs of wildlife usage, no rookeries or nests on the parcel, and no visible signs in or near the parcel of Monroe County Endangered Species were found. - aggregate parcel size (12,000') is significantly less than one acre and does not meet the one acre size requirements for SPA or Tier I (as discussed in the Comp Plan Policy 205-1.1, par 4) without a County Biologist's waiver. - the "disturbed" nature of this parcel and the resulting domination by invasive exotic species does not meet the SPA or Tier I criteria in the Comp Plan Policy 105.2.1. Most importantly, this should not be classified as a SPA or IIIA due to the extensive residential / commercial development surrounding the parcel, complete residential infrastructure present, and poor buffer quality(due to exotics present) this small parcel would provide. - this property meets all five of the county's own criteria in defining Tier III found in the Monroe County Comprehensive Plan, Policy 105.2.1 (par 3) - to include a platted subdivision, only dispersed or isolated fragments of sensitive species exist, greater than 60% development surrounding the parcel exists, a full range of public infrastructure and utilities are inplace, and concentrations of commercial (restaurant, bar, grocery store &commercial offices) or other non-residential uses (mini -golf course) exist. - Comp Plan Policy 205.1.1 (par 3), as an overriding policy document specifically states that, "Land located outside of Big Pine Key and No Name Key that are not designated Tier 1 shall be designated Tier 111". We respectfully request Tier III classification based on the following: 1) WHERE AS this parcel does not meet the Monroe County Comprehensive Plan Policy guidelines for Tier I or Tier IIIA SPA 2) WHERE AS it does meet the exact Comp Plan definition for Tier III found in Policy 105.2.1 3) WHERE AS the lot was disturbed and is now controlled by an excess of invasive exotic species which do not offer a suitable buffer area or quality habitat for Monroe County conservation efforts 4) WHERE AS no Endangered Species or wildlife or rookeries / nests were found on this parcel 5) WHERE AS existing residential and commercial activities surround the property to include eleven homes on the street and a bar / restaurant / mini - golf course within 180' from the rear of the lot 6) WHERE AS the property owners are ready to move ahead with lot aggregation, site planning, invasive exotics mitigation, and ROGO application. The Farina family is ready to move forward with improving the quality of this parcel in a manner consistent with Monroe County conservation efforts if a Tier III designation is awarded. We respectfully urge the BOCC to provide a motion, second and positive vote to award Tier III designation. Thank you. Q /l/liCrj �i✓t�t Salvador Farina >447e��L Richard Farina [4:0rded KAREN P CALLAHAN Notary Public - State of Florida MyComm.Expire: Nor 4. 2013 Commineion I EE 38447 Thr * National Notary AM. 14- �'e'-- Daniel Farina