Item P5Meeting Date: January
20
2016
Department: Planning & Environmental Resources
Bulk Item: Yes _
No
X
Staff Contact /Phone #: Mike Roberts (305) 289-2502
AGENDA ITEM WORDING: A public hearing to consider approval of an ordinance by the Monroe
County Board Of County Commissioners amending the Monroe County Tier Overlay District Map
from No Designation to Tier I for property located at 610 Elma Avenue, Big Pine Key, mile marker
#30, legally described as bay bottom west and adjacent to lot 6 and the S 1/zof lot 7, Piney Point
Subdivision (plat book 3, page 88) Monroe County, Florida, having real estate number 00112000-
000000; and amending the Monroe County Tier Overlay District Map from No Designation To Tier III
for property located at Henry Lane, Big Pine Key, mile marker #29.75, legally described as a parcel of
land in part of the SE 1/4 of the NE 1/4 (aka 40` x 305' roadway) of Section 27, Township 66 south,
Range 29 east, Big Pine Key, Monroe County, Florida, having real estate number 00111880-000210;
as proposed by the Monroe County Department of Planning and Environmental Resources.
ITEM BACKGROUND: The Tier Map for Big Pine Key and No Name Key was developed based on
relative wildlife habitat quality as defined in the Habitat Conservation Plan (HCP). Monroe County
developed the Tier Maps pursuant to county -wide Smart Growth Initiatives adopted in Goal 105 of the
Comprehensive Plan and Strategy 1.1 of the Livable Communikeys Program Master Plan for Future
Development of Big Pine Key and No Name Key (LCP). The proposed amendments are in compliance
with Chapter 130-130(d) which requires that the Tier designations for parcels on Big Pine Key and No
Name Key be consistent with the Tier designations in the LCP.
RE # 00112000-000000 Parcel A
The subject parcel is an Improved Subdivision (IS) parcel located approximately 0.6 miles south of
U.S. 1 on Elma Avenue. The FLUM designation for the parcel is Residential High (RH). There is no
change proposed for the site's land use district or FLUM designations. The property is open shoreline
on Newfound Harbor, and approximately 2/3 of the parcel is bay bottom. According to property
appraiser data, the parent parcel (RE # 00246470-000000) was subdivided in 1998. The resulting split
out left this parcel as mostly bay bottom. The parent parcel as well as the split -out parcels are all
designated Tier 1. Submerged lands (bay bottom) do not have a Tier designation. A significant portion
of the surrounding land area is characterized as environmentally sensitive and important for the
continued viability of HCP covered species and are adjacent to large contiguous areas of native
vegetation. The proposed Tier (Tier 1) is consistent with the Tier designation of surrounding properties
and is consistent with Figure 2.1 of the adopted LCP.
RE # 00111880-000210 (Parcel B)
The subject parcel is a designated casement in the Urban Residential —mobile home district (URM),
approximately 400 feet north of U.S. I on Henry Lane. The corresponding FLUM designation is
Residential High (RH). There is no change proposed for the site's land use district or FLUM
designations. This parcel lies within an already heavily developed area that provides little habitat value
to the Key deer and other protected species. The proposed Tier (Tier 111) is consistent with the Tier
designation of surrounding properties and is consistent with Figure 2.1 of the adopted LCP.
PREVIOUS LEVANT BOCC ACTION:
On March 19, 2003 the Monroe County Board of County Commissioners (BOCC) approved
Resolution 119-2003 authorizing submittal of the Habitat Conservation Plan for Key Deer and other
protected species on Big Pine Key and No Name Key (HCP).
On December 17, 2003 the BOCC passed Resolution 562-2003 approving the Livable CommuniKeys
Master Plan (LCP) for Big Pine Key and. No Name Key as the policy document to direct growth and
development of Big Pine Key and No Name Key. The LCP implements the HCP as well as provides
for the development needs of the community.
The LCP was completed in August 2004, adopted by the Board of County Commissioners on August
18, 2004 and incorporated by reference into the Monroe County 2010 Comprehensive Plan by Policy
101.20.2(1).
The LCP was amended in .Tune 2009 (Ordinance 020-2009) to revise certain figures to depict only the
lands covered by the HCP; to implement the ROGO requirements of the HCP; to define the number of
dwelling units to be permitted over the life of the Incidental Take Permit (ITP), including the
limitations on Tier I development to establish certain control dates for development and mitigation,
and to regulate the construction of fences and accessory structures.
Knorn DOWN
STAFF RECOMMENDATIONS- Staff recommends approval to amend the Tier Overlay District
Map from No Designation to Tier I for RE # 00112000-000000 and to amend the Tier Overlay District
Map from No Designation to Tier III for RE # 00111 80-000210.
TOTAL COST: NA INDIRECT COST: NA BUDGETED: Yes—, No
e
PRODUCING:REVENUE
APPROVED BY: County Attorney 4�
DOCUMENTATION: Included
AMOUNT PER NT _ Year
OMB/Purchasing Risk Management
Not Required
DISPOSITION:
1.; 19rigi
W La us Effa
WHEREAS, the Planning & Environmental Resources Department identified properties
without a tier designation and requested that the Tier Map Overlay designation for property
identified as Real Estate Number 00112000-000000 be amended from having no Tier Overlay
District designation to Tier I; and the Tier Overlay District designation for property identified as
Beal Estate Number 00111880-000210 be amended from having no Tier designation to Tier III.;
and
WHEREAS, parcel number 0011.2000-000000 is located at 610 Elrna Avenue, Big Pine
Key and is legally described as bay bottom west and adjacent to Iot 6 and the s 1/2 of lot 7, Piney
Point Subdivision (Plat Boob 3, Page 88); and
WHEREAS, parcel number 00111880-000210 is known as Henry Lane, legally described
as a parcel of land in part of the SE 1/4 of the NE 1/4 (aka 40' x 305' roadway) of Section 27,
Township 66 South, Range 29 East, Big Pine Ivey; and
File 2015-166
WHEREAS, the Monroe County Development Review Committee considered the roposed
Tier Overlay District Map amendment at a regularly scheduled meeting held on the 29 day of
September, 2015; and
WHEREAS, at a regularly scheduled meeting held on the 18`h day of November, 2015, the
Monroe County Planning Commission held a public hearing for the review and comment of the
proposed amendment to the Monroe County Tier Overlay District Map; and
WHEREAS, based upon the information and documentation submitted, the Planning
Commission made the following Findings of Fact and Conclusions of Law:
1. 102-158(a) of the Monroe County Code maintains that map amendments (including the
land use district maps) are not intended to relieve particular hardships, nor to confer special
privileges or rights on any person, nor to permit a change in community character, as
analyzed in Monroe County Year 2010 Comprehensive. Plan, but only to make necessary
adjustments in light of changed conditions; and
2. Pursuant to § 102-158(d)(5)b of the Monroe County Code, the Monroe County Board of
County Commissioners may consider the adoption of an ordinance enacting the proposed
change based on one (1) or more of the following factors: (i) Changed projections (e.g.,
regarding public service needs) from those on which the text or boundary was based; (ii)
Changed assumptions (e.g., regarding demographic trends); (iii) Data errors, including
errors in mapping, vegetative types and natural features described in volume 1 of the plan;
(iv) New issues; (v) Recognition of a need for additional detail or comprehensiveness; or
(vi) Data updates; and
3. Staff has determined that the proposed Tier map amendment is consistent with MCC Sec.
102-158(d)(5)b: (iii) Data errors;
4. Staff has determined that the proposed Tier map amendment is consistent with Goal 105 of
the Monroe County Comprehensive Plan; and
S.The proposed amendment is consistent with the Livable CommuniKeys Master Plan for
Big Pine Key and No Name Key and the Habitat Conservation Plan; and
6. The proposed map amendment is consistent with the Principles for Guiding Development
and not inconsistent with any principle in the Florida Keys Area of Critical State Concern.
`T.The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statutes.
WHEREAS, at a regular meeting held on the ® day of 2016, the Monroe
County Board of County Commissioners held a public hearing to consider the adoption of the
proposed amendment, considered the staff report and provided for public comment and public
participation in accordance with the requirements of state law and the procedures adopted for public
participation in the planning process; and
WHEREAS, at the , 2016, public hearing, the BOCC voted to the
amendment to the State Land Planning Agency; and
File 2015-166
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The Tier Overlay District Map is amended as follows:
Parcel Number 00112000-000000, which currently has no Tier Designation, is
designated Tier I as shown on the attached map, which is hereby incorporated by
reference and attached as Exhibit 1.
Parcel Number 00111880-000210, which currently has no Tier Designation, is
designated Tier III as shown on the attached map, which is hereby incorporated by
reference and attached as Exhibit 2.
Section 2. Severability. If any section, subsection, sentence, clause, item, change, or provision
of this ordinance is held invalid, the remainder of this ordinance shall not be affected
by such validity.
Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in conflict
with this ordinance are hereby repealed to the extent of said conflict.
Section 4. Transmittal. This ordinance shall be transmitted to the State Land planning Agency
as required by F.S. 380.05(11) and F.S. 380.0552(9).
Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the
Secretary of the State of Florida but shall not become effective until approved by the
State Land Planning Agency and, if appealed, until the appeal is resolved pursuant to
Chapter 120 of the Florida Statutes.
PASSER AND ADOPTEDby the Board of County Commissioners of Monroe County, Florida, at
a regular meeting held on the day of , 2016.
Mayor Heather Carruthers
Mayor pro tern George Neugent
Commissioner Danny L. Kolhage
Commissioner David Rice
Commissioner Sylvia. Murphy
74•.• •a
COUNTY, FLORIDA
Mayor Heather Carruthers
File 2015-166
(SEAL)
my as m mmum vd: I colkyj In lo, M all
File 2015-166
9
0
I
MEMORANDUM
ONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional and fair
To: The Monroe County Board of County Commissioners
Through: Mayt6 Santamaria, Senior Director of Planning & Environmental Resources
From: Michael Roberts, Sr. Administrator, Environmental Resources
Date: December 22, 2015
Subject: Requestyfor an Amendment to the Tier Overlay District (Zoning)Map designations
for two (2) parcels which currently have no tier designation, consisting of vacant
land on Big fine Key, having real estate no's. 00112000-000000 & 00111880-
000210 (File 2015-166)
Meeting: January 20, 2016
HEINKS-Imm
A request to amend the Monroe County Tier Overlay District Map designations for two (2)
parcels which currently have no tier designation, legally described as:
A. Pay Bottom West and Adjacent to Lot 6 and the S 1/2 of Lot 7, Piney Paint Subdivision.
Plat Book 3 Page 88 of the public records of Monroe County Florida having real estate
number 00112000-000000; and
B. Part of the SE 1/ of the NE 1/4 of Section 27, Township 66s, Range 29e, (aka 40' x 305'
roadway); having real estate number 00111880-000210.
00112000-000000 (Parcel `A') 1 00111880-000210 (Parcel `B')
Subject Parcels (outlined in blue) (2012)
File No. 2015-166 pg, l
I BACKGROUND INFORMATION & RELEVANT PRIOR COUNTY ACTIONS
2
3 ,Site Information
4 A. RE # 0012000-000000
5 Address: 610 Elma Avenue, Big Pine Key
6 Legal Description: Bay Bottom West and adjacent to Lot 6 and the S 1/2 of Lot 7, Piney Point
7 Subdivision Plat Boob 3 Page 88 of the Public Records of Monroe County Florida..
8 Size of Site: 0.77 acres (33,693 square feet, approximately 9,600 square feet of upland)
9 Land Use District(s): I-M
10 FLUM Designation: RH
I 1 Tier Designation: NULL
12 Existing Use: Vacant
13 Existing Vegetation / Habitat: Scarified, Vacant Developed Land
14 Community Character of Immediate Vicinity: The surrounding community consists of
15 waterfront single family residences.
1.6
17 B. RE # 00111880-000210
18 Address: Henry Lane, Big Pine Key
19 Legal Description. Part of the SE 1/4 of the NE °/A of Section 27, Township 66S, Range 29E,
20 (AKA 40' X 305' Roadway).
21 Size of Site: 12,200 square feet
22 Land Use District(s): URM
23 F'LUM Designation: RH
24 Tier Designation: NULL
25 Existing Use: Vacant
26 Existing Vegetation / Habitat: Scarified; Developed Land
27 Community Character of Immediate Vicinity: The surrounding community is a mix of
28 commercial and residential areas to the east and west with native habitat to the north.
29
30 Prior County Actions
31
32 0 On. March 19, 2003 the Monroe County Board of County Commissioners (BOCC)
33 approved Resolution 119-2003 authorizing submittal of the Habitat Conservation Plan for
34 Key Deer and other protected species on Big Pine Key and No Name Key (HCP).
35 0 On .December 17, 2003 the BOCC passed Resolution 562-2003 approving the Livable
36 Communikeys Master Plan (LCP) for Big Pine Key and No Name Key as the policy
37 document to direct growth and development of Big Pine Key and No Name Key. The
38 LCP implements the HCP as well as provides for the development needs of the
39 community.
40 0 The LCP was completed in August 2004 adopted by the Board of County Commissioners
41 on August 18, 2004 and is incorporated by reference into the Monroe County 2010
42 Comprehensive Plan by Policy 101.20.2(1).
43 0 on October 19, 2005 the Board of County Commissioners adopted Ordinance 028-2005
44 adopting an amendment to the Monroe County Land Use District Map to include a. Tier
45 Overlay Map District designation on all land in Big Pine Key and No Name Key and
File No. 2015-166 pg. 2
I designating boundaries for Tier I, Tier 11 And Tier III as required in The Master Flan For
2 Big Pine Key and No Name Ivey and Goal 105 of the 2010 Comprehensive Plan,
3 The LCP was amended in .Tune 2009 (Ordinance 020-2009) to revise certain figures to
4 depict only the lands covered by the PICP; to implement the ROGO requirements of the
5 HCP; to define the number of dwelling units to be permitted over the life of the Incidental
6 Tape Permit (ITP), including the limitations on Tier I development; to establish certain
7 control dates for development and mitigation; and to regulate the construction of fences
8 and accessory structures.
9
10 DRC Review
11 At its regularly scheduled meeting on September 29 2015, the Monroe County Development
12 Review Committee reviewed the proposed amendments. The information provided in the
13 staff report and discussed at the meeting supports the Chair's decision to recommend
14 approval to the Planning Commission and Board of County Commissioners.
15
16 PC Review
17 At its regularly scheduled meeting on November 18, 2015, the Monroe County Planning
18 Commission reviewed the proposed amendment. The information provided in the staff report
19 and discussed at the meeting supports the Planning Commission's decision to recommend
20 approval to the Board of County Commissioners.
21
22 11 PROPOSED AMENDMENT
23
24 Request to amend the Tier Overlay District designation for Parcel # 00112000-000000 from
25 having no Tier designation to Tier I (Exhibit 1),
26
27
28
)File NoI 2015-166 pg. 3
1
2
3
Request to amend the Tier Overlay District designation for Parcel # 00111880-000210 from
having no Tier designation to Tier III (Exhibit II)
The "Pier Map for :Pig Pine Key and No Name Key were developed based on relative wildlife
habitat duality as defined in the Habitat Conservation Plan (HCP). Monroe County developed
the Tier Maps pursuant to county -wide Smart Growth Initiatives adopted in Goal 105 of the
Comprehensive Plan and Strategy 1.1 of the Livable Communikeys Program Master Plan for
Future Development of Big Pine Key and No Name Key (LCP). The proposed amendments
are in compliance with Chapter 130-130(d) which requires that the Tier designations for
parcels on Big Pine Key and No Name Key be consistent with the Tier designations in Figure
2.1 of the LCP.
The HCP focuses on the Key deer as an "umbrella species" and operates under the
assumption that avoiding and minimizing impacts to Key deer habitat, will also provide
direct protection to both populations and habitats of other terrestrial species. In the
development of the HCP, the ecology and population dynamics of the Key deer was studied
for three years and a Population Viability Analysis (PVA) model, including a spatial
component, was produced to evaluate the impacts of development scenarios on the Key deer
population. Based on the Key deer studies done for the HCP and the resulting spatial model,
lands in the study area were classified into three "Tiers." Tier I lands are higher quality Key
deer habitat. Tier 3 lands are the lowest quality Key deer habitat. Most of the parcels in Tiers
2 and 3 are interspersed among developed parcels and among canals. These areas provide
little habitat value to the covered species." (Pg. 2 Habitat Conservation Plan),
As noted in the HCP, "the Key deer are wide ranging and utilize virtually all available habitat
in the project area (defined as Big Pine Key & No Name Key), including developed areas
(Figure 2.1, Lopez 2001)." Figure 2.1 indicates no utilization or distribution of Key deer .in
File No. 2015-166 pg. 4
I clone proximity to Parcel A during the 3 year study period, ley deer utilization or
2 distribution was noted in proximity to Parcel B, although at very low density. (Pg. 20 Habitat
3 Conservation Plan).
4
5
Fagw',1. Key deer location-, lrom telemetn, date (L z '001)
�
i
t 4r � 1a11 r, ; ssstl�titlrn: ��tr?,
z
p
ts„ tVr d' VY-
n
;t
'm{ilr--n
1 00112000-000000 (Parcel A) 1 001 11.880-000210 (Parcel B) I
File No. 2015-166 pg. 5
1
2
3
4
5
6
7
8
9
1.0
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Figure 2.2 of the HCP depicts the Lower Keys marsh rabbit habitat, as identified by the U.S.
Fish and Wildlife Service. This figure displays the Lower Keys marsh rabbit habitat on Big
Pine Key and No Name Key (Faulhaber 2003) based on the most recent data on its
distribution within the covered area. Figure 2.2 does not indicate Lower Keys marsh rabbit
habitat within or adjacent to the subject properties. In addition, both parcels are outside of
the 500 meter buffer established around marsh rabbit habitat (Pg. 23 habitat Conservation
Plan).
Figure 12. Liver Keys Harsh rabbit habitat (Source_ United Mates Fish acid Wildlife
Service) -
In order to address impacts to carrying capacity and mortality of the Key Deer on Big Pine
Key and No Name Key, a spatial model that included a carrying capacity and a "harvest"
(i.e., human -related mortality) grid in a Geographic Information. System (GIS) was
developed. The grids represent the entire study area (Big Pine Key and No Name Key) as an
array of lOxlO meter cells; each cell's value represents its contribution to the total carrying
capacity or harvest of the study area.
The final carrying capacity grid (Figure 2.5 of the HCP) represents the contribution of each
1 Ox 10 meter cell to the total carrying capacity of the study area after applying the weighting
factor. Lopez (2001) estimated the number of Key deer that could be supported by available
habitat in Big Pine Key and No Name Key. A weighting factor grid supported the development
of the carrying capacity and harvest grids. The objective of the weighting grid was to address
location -specific conditions that affect carrying capacity and harvest. The weighting factor grid
analyzed six additional parameters:
File No. 2015-166 pg. 6
1 0 House density. Development in areas with higher house density would be less harmful to the
2 Key deer than development in areas with lower house density.
3 O Deer corridors. Development outside Key deer corridors would be less harmful to the Key
deer than development in areas within Key deer corridors.
5 A Patch quality: Development in smaller, fragmented habitat areas would be less harmful to the
6 Key deer than development in larger, uninterrupted habitat areas.
7 . Deer density: Development in areas of low Key deer density would be less harmful to the
8 Key deer than development in areas of high density.
9 a Distance from US-1. Development near US-1 would be less harmful to the Key deer than
10 development farther from US- 1.
11 0 Water barriers. Development in areas with canals would be less harmful to the Key deer than
12 development in areas without canals.
13
File No. 2015-166 pg. 7
I The final carrying capacity grid (Figure 2.5) represents the contribution of each 10x10 meter
2 cell to the total carrying capacity of the study area after applying the weighting factor. The
3 final harvest grid represents the proportional contribution of each 10x 10 meter cell to the
4 total harvest in the study area. When the weighting factor is applied to each cell; the result is
5 a differential contribution of the cells to the total human related mortality, or harvest, H.
6
H-grid data provided by Roel Lopez, PhD. Texas A&M University
Subject parcels outlined in blue
The `H' grid data provided by Dr. Lopez reflects the habitat value of the subject parcels. The
actual `H' values for Parcel A range between 0.00014 and 0.00015 per 10 x 10 meter cell,
while the `H' values for Parcel B range between .000162 and .000165.
File No. 2015-166 pg. 8
The HCP describes the habitat description and associated H values that should be reflected in
the Tier designation. These descriptions are provided in Table 2.7 (below).
[able 2_1 (HUF° p2.. 43)'t'ter classittcattttn system (vacant privately -owned lands
1 ier I uescn Lion
Lands where all or a significant portion of the land area is characterized as environmentally
sensitive and important for the continued viability of HCP covered species (mean H per
I 10x1.0 meter cell = 0.259 x 10-'). These lands are high quality Key deer habitat, generally
representing large contiguous patches of native vegetation that provide habitat for other
protected species as well.
Scattered lots and fragments of environmentally sensitive lands that may be found in platted
2 subdivisions (mean H per 1.0 x1.0 meter cell = 0.183 x 10-3). A large number of these lots are
located on canals and are of minimal value to the Key deer and other protected species
because the canal presents a barrier to dispersal.
Scattered lots within already heavily developed areas that provide little habitat value to the
3 Key deer and other protected species (mean H per IOx10 meter cell = 0.168 x 10-3). Some of
the undeveloped lots in this Tier are located between existing developed commercial lots
within the US-1 corridor or are located on canals.
5
6 RE # 00112000-000000 (Parcel )
7 The subject parcel is an Improved Subdivision (1S) lot located approximately 0.6 miles south
8 of U.S. 1 on Elma Avenue. The FLUM designation for the parcel is Residential High (RH).
9 There is no change proposed for the site's land use district or PLUM designations. The
10 property is open shoreline on Newfound Harbor, and approximately 2l3 of the parcel is bay
11 bottom. According to property appraiser data the parent parcel (RE # 00246470-000000)
12 was subdivided in 1998. The resulting split out left this parcel as mostly bay bottom. The
13 parent parcel as well as the split -out parcels are all designated Tier 1. Submerged lands (bay
14 bottom) do not have a Tier designation. A significant portion of the surrounding land area is
15 characterized as environmentally sensitive and important for the continued viability of HCP
16 covered species and are adjacent to large contiguous areas of native vegetation. The proposed
17 Tier (Tier 1) is consistent with the Tier designation of surrounding properties and is not
18 inconsistent with Figure 2.1 of the LCP.
19
20 Figure 2.1 Master Plan for Future Development of Big Pine ley and No
21 Name Key.
File No. 2015-166 pg. }
F 4 00111880-000210 (Parcel Bi
The subject parcel is a designated easement in the Urban Residential —mobile home district
(URM), approximately 400 feet north of U.S. 1 on Henry Lane. The corresponding FLUM
designation is Residential High (RH) on the south. There is no change proposed for the site's
land use district or FLUM designations. This parcel lies within an already heavily developed
area that provides little habitat value to the Key deer and other protected species. The
proposed Tier (Tier lll) is consistent with the Tier designation of surrounding properties and
is not inconsistent with Figure 2.1 of the LCP.
Figure 2.1 Master Plan for Future Development of Big Pine Key and No Name
Key.
Consistency of the proposed amendment with the provisions and intent of the Monroe
County Land Development Code
Staff has determined that the proposed tier overlay district (zoning) snap amendment is
not inconsistent with the provisions and intent of Section 10-10(d) of the Monroe
County Land Development Code as the proposed Tier Overlay District designations are
consistent with Figure 2.1 of the Master Plan for Future Development of Big Pine Key
and No Name Key (Exhibit 1).
Sec, 130-130. Tier Overlay District
(a) Purpose. The purpose of the tier overlay district is to designate geographical
areas outside of the mainland of the county, excluding the Ocean Reef planned
development, into tiers to assign ROGO and NROGO points, determine the
File No. 2015-166 PCY• 10
amount of clearing of upland native vegetation that may be permitted, and
prioritize lands for public acquisition. The tier boundaries are to be depicted on
the tier overlay district map. Lands on Big Pine Key and No Name Key shall be
delineated as tier I, II, or III. Lands in the remainder of the unincorporated county,
excluding the Ocean beef planned development, shall be delineated as tier I, III,
and III -A (special protection area).
(b) Tier boundaries. 'Pier boundaries shall follow property lines wherever possible,
except where a parcel line or distinct geographical feature, such as a canal or
roadway, may be: more appropriate.
(c) Tier boundary criteria, excluding Big Pine Key and No Name Key. The tier:
boundaries are designated using aerial photography, data from the Florida Keys
Carrying Capacity Study, the endangered species maps, property and permitting
information and field evaluation. The following criteria, at a minimum, are used
to evaluate upland habitats and designate boundaries between different tier
overlays:
1. Tier I boundaries shall be delineated to include one or more of the
fallowing criteria and shall be designated tier I:
a. Vacant lands which can be restored to connect upland native
habitat patches and reduce further: fragmentation of upland native
habitat.
b. Lands required to provide an undeveloped buffer, up to 500 feet in
depth, if indicated as appropriate by special species studies,
between natural areas and development to reduce secondary
impacts. Canals or roadways, depending on width, may foram a
boundary that removes the need for the buffer or reduces its depth.
c. Lands designated for acquisition by public agencies for
conservation and natural resource protection.
d. Known locations of threatened and endangered species, as defined.
in section 101-1, identified on the threatened and endangered plant
and animal reaps or the Florida Keys Carrying Capacity Study
maps, or identified in on -site surveys.
e. Conservation, native area, sparsely settled, and offshore island land
use districts.
f. Areas with minimal existing development and infrastructure.
(d) Big Pine Key and 1"410 Name Key tier boundary criteria. The tier boundaries shall
be designated using the Big Pine Key and No blame Key Habitat Conservation
Plan (2005) and the adopted community master plan for Big Pine Key and No
Name Key.
File. No. 2015-166 Pg. l l
I Consistenev of the vroposed amendment with the principles for Guiding Develonment in
2 the Florida Keys Area of Critical State Concern pursuant to F.S. Chapter 3a0.05521'7).
3
4 For the purposes of reviewing consistency of the Land Development Code or any
5 amendments to the Code with the principles for guiding development and any amendments to
6 the principles, the principles shall be construed as a whole and no specific provision shall be
7 construed or applied in isolation from the other provisions.
8
9 (a) To strengthen local government capabilities for managing land use and development
10 so that local government is able to achieve these objectives without the continuation of
11 the area of critical state concern designation.
12 (b) To protect shoreline and marine resources, including mangroves, coral reef
13 formations, seagrass beds, wetlands, fish and wildlife, and their habitat.
14 (c) To protect upland resources, tropical biological communities, freshwater wetlands,
1.5 native tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges
16 and beaches, wildlife, and their habitat.
1.7 (d) To ensure the maximum well-being of the Florida Keys and its citizens through sound
18 economic development.
19 (e) To limit the adverse impacts of development on the quality of water throughout the
20 Florida Keys.
21 (f) To enhance natural scenic resources, promote the aesthetic benefits of the natural
22 environment, and ensure that development is compatible with the unique historic
23 character of the Florida Keys.
24 (g) To protect the historical heritage of the Florida Keys.
25 (h) To protect the value, efficiency, cost-effectiveness, and amortized life of existing and
26 proposed major public investments, including:
27 1. The Florida Keys Aqueduct and water supply facilities;
28 2. Sewage collection and disposal facilities;
29 3. Solid waste collection and disposal facilities;
30 4. Key West Naval Air Station and other military facilities;
31 5. Transportation facilities;
32 6. Federal parks, wildlife refuges, and marine sanctuaries;
33 7. State parks, recreation facilities, aquatic preserves, and other publicly owned
34 properties;
35 8. City electric service and the Florida Keys Electric Co-op; and
36 9. Other utilities, as appropriate.
37 (i) To limit the adverse impacts of public investments on the environmental resources of
38 the Florida Keys.
39 0) To make available adequate affordable housing for all sectors of the population of the
40 Florida Keys.
41 () To provide adequate alternatives for the protection of public safety and welfare in the
42 event of a natural or manmade disaster and for a post disaster reconstruction plan.
File No. 2015-166 pg. 12
1 (1) To protect the public health, safety, and welfare of the citizens of the Florida Keys and
2 maintain the Florida Keys as a unique Florida resource.
3 Staff rinds the proposed amendment consistent with the Principles for Guiding
4 Development as a whole and is not inconsistent with any one principle.
5
6 In accordance with MCC §10 -1 8(dh )., the BOCC may consider the adoption of an
7 ordinance enacting the proposed change based on one or more of the following factors:
8
9 1. Changed projections (e.g., regarding public service needs) firom those on which the text
10 or boundary was based;
11 NA
12
13 2. Changed assumptions (e.g., regarding demographic trends);
14 NA.
15
16 3. Data errors, including errors in mapping, vegetative opes and natural features described
17 in Volume I of'the Year 2010 Comprehensive plan;
18 The subject parcels were not assigned a Tier Overlay District designation when the
19 Tier snaps were adopted in 2005.
20
21 The proposed Tier designation for parcel A is consistent with the surrounding
22 parcels and with Figure 2.1 of the LCP
23
24 The proposed Tier designation for Parcel B is consistent with the surrounding
25 parcels and with Figure 2.1 of the LCP
26
27 4. New issues;
28 NA
29
30 5. Recognition oj'a need jf r additional detail or comprehensiveness; or
31 NA
32
33 6. Data updates;
34 NA
35
36 7. Impact on Community Character.
37
38 Staff has determined that the proposed amendment to the Tier designation will not
39 have an adverse impact on community character. The Tier Overlay District
40 designation is utilized to implement and score ROGO applications, to steer growth
41 and to establish clearing limits. The Tier designation will not impact community
42 character.
43
44
45
46
File No. 2015-166 p-. 13
1 Ill RECOMMENDATION
3 Staff recommends approval of the proposed amendments to the Tier Overlay District
4 Map for Big Pine Key and No Name Key for Parcel A (RE # 00:112000-000000) from
6 Tier Ill as the parcels meet the criteria forrecommended `i' designations
accordance with criterof 1 the HCP and the LCP.
File No. 2015-166 pg, 14
t EXHIBIT I
2 TIED. OVERLAY DISTRICT MAP AMENDMENT
File No. 2015-166 pg. 15
/ ®
�m 2
-
/
'7 7o
\
\ \
)
/ \
\\
\
\
§ \
\
k
\
\ }
\
\\
—
\�
ADDITIONAL
BACK-UP
Peters -Katherine
From:
Sent:
To:
Cc:
Subject:
Attachments:
To:
Katherine Peters
Gerry H <gerrybenl5@yahoo.com>
Friday, January 08, 2016 9:00 AM
Peters -Katherine
A GERRY
Tier Hearing January 20, 2016 - 1ST OF TWO EMAILS 7 attachments in this email
Letter for hearing in Marathon.docx; Hearing 1-20th jpg; Hearing 2 - 20th jpg; Hearing 4
- 20th jpg; Hearing 7- 20th jpg; Hearing 8- 20th jpg; Hearing 9 20th jpg
I was told by Steve Williams to forward this information for the
January 20, 2016 hearing on the change of Tier designation for my
property located at 610 Elma Avenue, Big Pine Key, Florida.
am sending a letter and pictures that I hope you will be able to show
at the hearing.
I will be sending you TWO emails so I can split the pictures up into
two emails so your server can handle it.
Thank you.
Ben Hodgers
863 326-6362
Email
11
The first group of pictures shows the property in 1957 or 1958.
The car in the picture is a 1957 ford. The next group of pictures
shows the property as it is today without much change.
It looks about the same as when l lived there and went to
Marathon High School from 1958 to 1962
When friends and family would visit my family on the property we
would take them to look for Key Deer, It was very hard to find a
deer, We were lucky to see 2 Key Deer in a year.
Now the estimated number of Key Deer on Big Pines in 600, In
the 1950's the estimate was 50 Key Deer. It appears that the
growth of Key Deer is more than the increase in the population of
the people.
The next group of pictures explains the Tier System. From the
pictures of my property this does not reflect as a Tier One
Property.
The aerial shows the land as developed and a Tier Zero. There is
no information that I can find that describes a Ter Zero.
The next group of pictures shows what is an environmentally
sensitive area. This by no means reflects my property.
Next is a map of the Key Deer locations on Big Pine. It does not
show my property in this area.
I also have the building permit that allowed me to fence the
property. The property was cleared by the biologists and building
department in Marathon and was pre approved by the Fish and
Wildlife Department in Vero Beach.
The property has no value to the Key Deer-.
Two years ago I appealed my tax bill on the -vacant property -and
was denied a hearing because I did not file in a timely matter. I
was in Canada and had no way of knowing that I had missed the
filing deadline.
I refiled the following4year and was rewarded a reduction of
about 60% due to the Tier Zero system and was given taxes back
for 4 years.
This should prove that the classification of the Tier Zero has
harmed me in my attempt to build and get into the rogo system.
The negligence of the department that created the Tier system
and overlooked my piece of property goes back many years and
created a hardship and excess taxes on my behalf and my family.
As stated before I lived on Big Pine and now I want to be able to
have -a home on this piece of property that has been in my family
for almost 60 years. The system has harmed my chances to retire
and enjoy myself and my family on this piece of property.
I am requesting that this property be reconsidered to a Tier 3 and
at the least be compensated in the rogo system for the time I
have lost due to the negligence of the department that created
the Tier system.
At the meeting in November that I attended on this same issue at
the planning level, the only reason that they could establish was
that all other properties surrounding my lot, had a Tier 1 assigned
to them. These properties should have never had a Tier 1
assigned to them because these properties were already
developed with homes.
Looking at other properties that are in Tier 3 some appear to be
more sensitive to the Key Deer than my piece of property.
Plannine & Environmental Resources
Department
2798 Overseas Highway, Suite 410
Marathon, FL 33050
Voice. (305) 289-2500
FAX, (305) 289-2536
County of Monroe
We strive to be caring, professional, and fair.
NOTICE OF PUBLIC HEARING
-'0F
Board of County Conunissioners
Mayor heather Carruthers,. Dist. 3
Mayor Pro Tern George Neugent,. Disc. 2
Danny L. Kolhage, Dist. I
David Rice, Dist. 4
Sylvia Murphy, Dist. 5
The Monroe County Board of County Commissioners will _hold a Public Hearing on January 20, 2016, at the
Marathon Government Center, 2798 Overseas Highway, 2nd Floor, Marathon, Monroe County, Florida, beginning at
10 o'clock am, or as soon thereafter as may be heard, at which time the Board will hear any information or
comments you wish to give regarding the following:
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE
COUNTY TIER OVERLAY DISTRICT MAP FROM NO DESIGNATION TO TIER I FOR PROPERTY LOCATED AT 610, ELMA
AVENUE, BIG PINE KEY, MILE MARKER #30, LEGALLY DESCRIBED AS BAY BOTTOM WEST AND ADJACENT TO LOT 6
AND THE S 1f2 OF LOT 7, PINEY POINT SUBDIVISION (PLAT BOOK 3, PAGE 88) MONROE COUNTY, FLORIDA, HAVING
REAL ESTATE # 00112000-000000; AND AMENDING THE MONROE COUNTY TIER OVERLAY DISTRICT MAP FROM NO
DESIGNATION TO TIER III FOR PROPERTY LOCATED AT HENRY LANE, BIG PINE KEY, MILE MARKER #29.75,
LEGALLY DESCRIBED AS A PARCEL OF LAND IN PART OF THE SE'/ OF THE NE'/ (AKA 40' X 305' ROADWAY) OF
SECTION 27, TOWNSHIP 66 SOUTH, RANGE 29 EAST, BIG PINE KEY, MONROE COUNTY, FLORIDA, HAVING REAL
ESTATE # 00111880-000210; AS PROPOSED BY THE MONROE COUNTY DEPARTMENT OF PLANNING AND
ENVIRONMENTAL. RESOURCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF
STATE; PROVIDING FOR AMENDMENT TO THE TIER OVERLAY DISTRICT MAP; PROVIDING FOR AN EFFECTIVE
DATE.
(File 2015-166)
THE HEARING IS NOT LIMITED TO THOSE RECEIVING THIS NOTICE. IF YOU KNOW ANY NEIGHBOR OR OTHER
AFFECTED PROPERTY OWNER WHO FAILED TO RECEIVE THIS NOTICE, PLEASE INFORM THEM OF THIS PUBLIC
HEARING.
PURSUANT TO FLORIDA STATUTE SEC. 286.0105, IF A PERSON DECIDES TO APPEAL ANY DECISION OF THE
BOARD, HE SHALL PROVIDE A TRANSCRIPT OF THE HEARING, PREPARED BY A CERTIFIED COURT REPORTER AT
THE APPELLANTS EXPENSE. THE TRANSCRIPT MUST BE FILED AS A PART OF THE RECORD OF THE APPEAL. A
TRANSCRIPT MADE FROM RECORDINGS OR OTHER 'SECONDARY" MEANS, DOES NOT PROVIDE A SUFFICIENTLY
ACCURATE RECORD OF ALL THE SPEAKERS, THEREFORE, SUCH OSECONDARYO TRANSCRIPTS MAY NOT BE
ACCEPTED AS A VALID VERBATIM TRANSCRIPT BY A COURT OR HEARING OFFICER.
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate in this
proceeding, please contact the County Administrator`s Office, by phoning (305),292-4441, between the hours of 8:30 a.m. -
5:00 p.m.,no later than five MI calendar days prior to the scheduled meeting, if you are hearing or voice impaired, call 71 it
Mailed 01Ak16 Page 1 of i
0
The Florida, Key"S
Monroe County TI
Tr, ?i�.
,' �r Lp�kc LfY ^i G cne1ya+aU':�
'p+i"i Yk • �y ,, r Sr i ;'S�`y f,, n'�
growth, n
*Natural areas, old and newAtop
1i �'w-!'-,yl S *if'ir•'9 r' �, �' .t� err '1'^s rl to f{
Provide a buffer to reduce ` �'���
g t�
secondary impacts.
w,..m { 'a
�- *Endangered species habitat
�l
,�r� •� �s
•Areas designated for acquisition ,
•ROGO 10 pts (0 pts Big Pine Key) � �
#A 8,260 acres 6170 res. Parcels
pp
e (app 1500 acres uplands)
Acquisition Area
onr oe County Tier 11, 111-a
•Fragmented unconnected
w
habitat of less than 4 acres.
*Less than 50% developed.
gpk'yl!`
Large developed and��
7
tt'it�r`a``:z� r��iG�i {7t'.�iry3i��ii1��� � O .
a=
undeveloped SR and S S lots �f ���
`� r � S � � ^ - s � rk � � ter i file } ���k ��'ta���'�'{ ��' x t
+u+Vfi �1 r��i ��tt�
a � � � � � le t�fifity ���h � ���� �ta� € �+t��6 t{� ��
[�] f�'1�
1'1' /habitat
6 t v B
m
*ROGO 20 pts 10 pts BPK.
•470 acres, 2,250 res. parcels
Sprawl Reduction
Peters -Katherine
From:
Sent:
To:
Cc:
Subject:
Attachments:
To:
Katherine Peters
Gerry H <gerryben15@yahoo.com>
Friday, January 08, 2016 9:08 AM
Peters -Katherine
A GERRY
Tier Hearing January 20, 2016 2ND OF TWO EMAILS 6 ATTACHMENTS
Hearing 6 - 20th jpg; Hearing 11- 20th jpg; Hearing 13 20th.jpg; Hearing 14 - 20th jpg;
Hearing 15 20th jpg; Hearing 16 20th jpg
This is the second email with the remaining pictures.
Thank you.
Ben Hodgers
863 326-6362
t.
7'
2.4.5 The Tier System: A Planning Tool to Manage Development and Conservation
Based on the Key deer studies done under this HCP and the resulting spatial model; Monroe
County developed a conservation priority classification for private undeveloped lands in the
study area. The private undeveloped lands in the study area are classified into three "Tiers"' 46
(Table 2.7 and Figure 2,6). Tier 1 lands are higher quality Key deer habitat. Tier 3 lands are the
lowest quality Key deer habitat. Most of the parcels in Tiers 2 and 3 are interspersed among
developed parcels and among canals. These areas provide little habitat value to the covered
species. The tier classification helped in determining the location of potential new development
and prioritizing mitigation areas.
Table 2.7. Tier classification system (vacant privately -owned lands
Area (acres)
Big Pine No Name
Tier Description Key Key
I Lands where all or a significant portion of the land area is 973.4 217.0
characterized as environmentally sensitive and important for the
continued viability of HCP covered species (mean H per i0x10
meter cell = 0.259 x 10'3). These lands are high quality Key deer
habitat, generally representing large contiguous patches of native
vegetation that provide habitat for other protected species as well.
Scattered lots and fragments of environmentally sensitive lands 101.6 0
that may be found in platted subdivisions (mean H per 10 x10
meter cell = 0.183 x 10'3). A large number of these lots are
located on canals and are of minimal value to the Key deer and
other protected species because the canal presents a barrier to
dispersal.
Scattered lots within already heavily developed areas that provide 58.5 0
little habitat value to the Key deer and other protected species
(mean H per 1Ox10 meter cell = 0.168 x 10-3). Some of the
undeveloped lots in this Tier are located between existing
developed commercial lots within the US-1 corridor or are located
on canals.
Total 1,133.5 217.0
M
Mari
cm
�&-j
DISPLAY THIS CARD ON JOB SITE VISIBLE FROM THE STREET /m
MONROE COUNTY GROWTH MANAGEMENT v
BUILDING — FLOODPLAIN -DEVELOPMENTAL PERMIT
DATE ISSUED: 03/03/2014
DEO DATE: EXEMPT
PERMIT 13100825
NUMBER
PURPOSE FENCE
OWNER HODGERS BENJAMIN III `
CONTRACTOR FLORIDA FENCE CORP
SITE ADDRESS VAC LOT PINEY POINT
LEGAL DESCRIPTION 34 66 29 BIG PINE KEY SAY BOTTOM WEST &
ZONING
I FLOOD ZONE
WARNING TO OWNER:
YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN
YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE
OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE
BEFORE THE FIRST INSPECTION. IF YOU INTEND ,TO' OBTAIN FINANCING,
CONSULT, WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING
YOUR NOTICE OF COMMENCEMENT.
I��r�►'i�Lel►��
1. "Owner Builder" must be available for all inspections.
2. No inspections will be made unless permit card is displayed and approved plans are readily
_.-available..
sperm s all becorrie`n'u I and void uniess the work authorized is commenced (and receives
an approved inspection on this card) within one -hundred qnd, eighty (180) days after the
effective date of the permit.
4. Once commenced, with an approved inspection, this permit will remain active as long as there is
an approved inspection within one -hundred and eighty (180) days of the last approved
inspection; partial inspections do not count toward satisfying the 180 day requirement.
5. Certificate of Occupancy must be secured before this building can be used or inhabited for any
purpose. Do not remove this card until issuance of a Certii'IcateOf Occuoancv or Completion..
INSPECTION REQUEST PHONE LINE(s): 365-295-5160,
Please provide:
• Permit number: 13100825
• Contractor ID (also provided on Permit)
Main: r4, 1D= 03831 — FLORIDA FENCE CORP
Subs: Type » 5 di it ID « Company