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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.
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.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.
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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
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Commercially Exploited
All Protected
> ex
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non-native (may be naturalized)
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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
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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
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,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
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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
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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
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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]
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.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
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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;
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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
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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.
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.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
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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).
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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
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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-
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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-
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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
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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.
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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
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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.
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Salvador Farina
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Richard Farina
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KAREN P CALLAHAN
Notary Public - State of Florida
MyComm.Expire: Nor 4. 2013
Commineion I EE 38447
Thr * National Notary AM.
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Daniel Farina