Item P7 P.7
G BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
July 17, 2019
Agenda Item Number: P.7
Agenda Item Summary #5723
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Cheryl Cioffari (305) 289-2506
1:30 P.M. PUBLIC HEARING
AGENDA ITEM WORDING: AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY TIER OVERLAY
DISTRICT MAP FROM TIER I TO TIER III AS REQUESTED BY LOPEZ ROBERTO AND
MARGO REV. TRUST FOR A PARCEL OF VACANT LAND LEGALLY DESCRIBED AS
BLOCK 3 LOT 16 KEY HAVEN ESTATES, SIXTH EDITION, RACCOON KEY PLAT BOOK 5
PAGE 18, RACCOON KEY, HAVING REAL ESTATE NO. 00136980-000000
ITEM BACKGROUND:
A request to amend the tier designation for Parcel # 00136980-000000 from Tier I to Tier III. The
subject parcels lie within the IS land use district. The corresponding FLUM designation is
Residential Medium (RM). According to the Habitat Assessment (Dr. Philip Frank, 2018)
submitted in support of this Tier Overlay Amendment and verified by staff, the habitat on both
parcels consist of a mix of disturbed upland and wetland vegetation. The subject parcel does not
meet the criteria for Tier I (see criteria below). As required by Chapter 130-130(c)(2), lands that are
not designated Tier I shall be designated Tier III. Parcels that contain native upland habitats that are
contiguous with tropical hardwood hammock areas of one acre or more are to be designated as Tier
III-A (special protection area). The subject parcels do not contain any native upland habitat, and are
not contiguous to tropical hardwood hammock of one acre or more. Therefore, the parcel does not
meet the criteria for Tier III-A.
Based on the above, staff finds that the appropriate Tier Overlay District designation for the subject
parcel is Tier III.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
NA
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P.7
STAFF RECOMMENDATION: Staff recommends approval of the proposed amendment as
the parcels do not meet the criteria for Tier I designation and is more appropriately designated
Tier III in accordance with criteria of Section 130-130(c)(2) of the Land Development Code.
DOCUMENTATION:
2018-238 Lot 16 BOCC SR 7-17-2019
2018-238 LOT 16 BOCC Ordinance
Lopez_00136980_Tier_Ad_Map
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
NA
REVIEWED BY:
Cheryl Cioffari Completed 06/24/2019 5:49 PM
Steve Williams Completed 06/25/2019 8:34 AM
Maureen Proffitt Completed 06/25/2019 8:44 AM
Assistant County Administrator Christine Hurley Completed
06/25/2019 8:56 AM
Budget and Finance Completed 06/25/2019 9:01 AM
Maria Slavik Completed 06/25/2019 9:10 AM
Kathy Peters Completed 06/25/2019 9:22 AM
Board of County Commissioners Pending 07/17/2019 9:00 AM
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MEMORANDUM
MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring,professional and fair
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To: The Monroe County Board of County Commissioners cc
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Through: Cheryl Cioffari, Senior Director of Planning & Environmental Resources
From: Michael Roberts, Sr. Administrator/Environmental Resources 0
Brittany Burtner, Sr. Biologist, Environmental Resources M
Date: June 24, 2019 0
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Subject: An Ordinance By The Monroe County Board Of County Commissioners Amending
the Tier Overlay District (Zoning) Map from Tier I to Tier III by Lopez Roberto E
and Margo Rev. Trust for two parcels of vacant land legally described as Block 3
Lot 16 Key Haven Estates, Sixth Edition, Raccoon Key Plat Book 5 Page 18, E
Raccoon Key, having real estate no. 00136980-000000 and Block 3 Lot 16 Key Q.
Haven Estates, Sixth Edition, Raccoon Key Plat Book 5 Page 18, Raccoon Key,
having real estate no. 00136980-000000 (File 2018-238)
Meeting: July 17,2019
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2 I REQUEST
3
4 A request to amend the tier designation for Parcel 9 00136980-000000 from Tier I to Tier III. CD
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File No.2018-238 pg. 1
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Subject Parcels (outlined in blue) (2018)
1 II BACKGROUND INFORMATION& RELEVANT PRIOR COUNTY ACTIONS
2
3 Site Information
4 Address: Vacant Land, Bougainvillea Drive, Key Haven
5 Legal Description: BK 3 LT 15 KEY HAVEN ESTATES SIXTH ADDITION RACCOON
6 KEY PB5-18 and;BK 3 LT 16 KEY HAVEN ESTATES SIXTH ADDITION RACCOON =
7 KEY PB5-18 Y
8 Applicant: Carlos F. Guerra, Jr. (agent)
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9 Size of Site: 6,250 square feet (lot 15) and 6,000 square feet (lot 16) 0
10 Land Use District(s): IS
11 FLUM Designation: RM _o
12 Current Tier Designation: I m
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13 Flood Zone: AE-9 m
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14 Existing Use: Vacant land
15 Existing Vegetation/Habitat: Scarified with minimal native vegetation. E
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17 III PROPOSED AMENDMENT
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19 Request to amend the tier designation for Parcel 400136970-000000 and Parcel 400136980-
20 000000 from Tier I to Tier III (Exhibit I).
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22 Review of Amendment
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24 The subject parcels lie within the IS land use district. The corresponding FLUM designation is a
25 Residential Medium (RM). Q
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2018-238 pg.2
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I According to the Habitat Assessment(Dr.Philip Frank,2018)submitted in support of this Tier
2 Overlay Amendment, the habitat on both parcels consist of a mix of disturbed upland and
3 wetland vegetation:
4 Habitats on the lots are effectively uniform so the lots will be discussed as a combined unit.
5 The habitats consist of a mix of disturbed uplands (740) and disturbed salt marsh and
6 buttonwood wetlands (740.3). Towards the road, elevations are higher as a result of fill
7 being placed historically, with vegetation a mix of native and invasive exotic vegetation. _
8 Disturbed wetlands and uplands occur in a mosaic, with fill having been placed non-
9 uniformly.[Habitat Assessment by Dr. Philip Frank, October 23, 2018] Y
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2009 Habitat (developed land with small area of buttonwood) °
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2018-238 pg. 6
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I As detailed above, the subject parcel does not meet the criteria for Tier I (see criteria below). As
2 required by Chapter 130-130(c)(2),lands that are not designated Tier I shall be designated Tier III.
3 Parcels that contain native upland habitats that are contiguous with tropical hardwood hammock
4 areas of one acre or more are to be designated as Tier III-A (special protection area). The subject
5 parcels do not contain any native upland habitat, and are not contiguous to tropical hardwood
6 hammock of one acre or more. Therefore, the parcel does not meet the criteria for Tier III-A.
7 Based on the above,staff finds that the appropriate Tier Overlay District designation for the subject
8 parcel is Tier III.
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9 Consistency of the proposed amendment with the provisions and intent of the Monroe
10 County Land Development Code:
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12 Staff has determined that the proposed tier overlay district (zoning) map amendment is
13 not inconsistent with the provisions and intent of Section 130-130 of the Monroe County
14 Land Development Code.
15
16 Sec. 130-130.—Tier Overlay District
17 (a) Purpose. The purpose of the tier overlay district is to designate geographical areas
18 outside of the mainland of the county, excluding the Ocean Reef planned development, 2
19 into tiers to assign ROGO and NROGO points, determine the amount of clearing of upland
20 native vegetation that may be permitted, and prioritize lands for public acquisition. The tier
21 boundaries are to be depicted on the tier overlay district map. Lands on Big Pine Key and 2
2
22 No Name Key shall be delineated as tier I, II, or III. Lands in the remainder of the
23 unincorporated county, excluding the Ocean Reef planned development, shall be
24 delineated as tier I, III, and III-A (special protection area).
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26 (b) Tier boundaries. Tier boundaries shall follow property lines wherever possible, except
27 where a parcel line or distinct geographical feature, such as a canal or roadway, may be
28 more appropriate. co
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30 (c) Tier boundary criteria, excluding Big Pine Key and No Name Key. The tier boundaries ca
31 are designated using aerial photography, data from the Florida Keys Carrying Capacity
32 Study, the endangered species maps, property and permitting information and field 0
33 evaluation. The following criteria, at a minimum, are used to evaluate upland habitats and co
34 designate boundaries between different tier overlays: cm
35 T-
36 1. Tier I boundaries shall be delineated to include one or more of the following cm
37 criteria and shall be designated tier L
38 a. Vacant lands which can be restored to connect upland native habitat patches E
39 and reduce further fragmentation of upland native habitat.
40 b. Lands required to provide an undeveloped buffer, up to 500 feet in depth, if
41 indicated as appropriate by special species studies, between natural areas and
42 development to reduce secondary impacts. Canals or roadways, depending on
2018-238 pg. 7
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I width, may form a boundary that removes the need for the buffer or reduces its
2 depth.
3 c. Lands designated for acquisition by public agencies for conservation and
4 natural resource protection.
5 d. Known locations of threatened and endangered species, as defined in section
6 101-1, identified on the threatened and endangered plant and animal maps or
7 the Florida Keys Carrying Capacity Study maps, or identified in on-site M
8 surveys.
9 e. Conservation, native area, sparsely settled, and offshore island land use
10 districts.
11 f. Areas with minimal existing development and infrastructure.
12 2. Lands located outside of Big Pine Key and No Name Key that are not
13 designated tier I shall be designated tier III. CO
14 a. The following conditions shall constitute a break in pinelands or tropical
15 hardwood hammock for calculating the one-acre minimum patch size for
16 designation of tier III-A boundaries:
17 1. U.S. Highway 1, canals and open water; 2
18 2. Any disturbed pinelands or tropical hardwood hammock with
19 invasive coverage of 40 percent or more;
20 3. Property lines of developed lots or vacant lots with a ROGO U)
21 allocation award or an issued building permit, as of September 28,
22 2005, located within a Land Use District that allows only one unit
23 per lot; or
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24 4. Property lines of developed parcels of less than 10,000 square feet
25 in area with a ROGO/NROGO allocation award or issued building
26 permit, as of September 28,2005,located within a Land Use District CO
27 that allows residential development of more than one dwelling unit
28 per parcel/lot or non-residential development. 0
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30 Consistency of the proposed amendment with the Principles for Guiding Development in the
31 Florida Keys Area of Critical State Concern pursuant to F.S. Chapter 380.0552(7).
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32 CM
33 For the purposes of reviewing consistency of the Land Development Code or any amendments CO
34 to the Code with the principles for guiding development and any amendments to the principles, CM
35 the principles shall be construed as a whole and no specific provision shall be construed or
36 applied in isolation from the other provisions.
37
38 (a)To strengthen local government capabilities for managing land use and development so
39 that local government is able to achieve these objectives without the continuation of the
40 area of critical state concern designation.
2018-238 pg. 8
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I (b)To protect shoreline and marine resources,including mangroves, coral reef formations,
2 seagrass beds, wetlands, fish and wildlife, and their habitat.
3 (c) To protect upland resources, tropical biological communities, freshwater wetlands,
4 native tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges
5 and beaches, wildlife, and their habitat.
6 (d) To ensure the maximum well-being of the Florida Keys and its citizens through sound
7 economic development.
8 (e) To limit the adverse impacts of development on the quality of water throughout the
9 Florida Keys.
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10 (f) To enhance natural scenic resources, promote the aesthetic benefits of the natural
11 environment, and ensure that development is compatible with the unique historic character
12 of the Florida Keys.
13 (g) To protect the historical heritage of the Florida Keys.
14 (h) To protect the value, efficiency, cost-effectiveness, and amortized life of existing and
15 proposed major public investments, including:
16 1. The Florida Keys Aqueduct and water supply facilities;
17 2. Sewage collection and disposal facilities;
18 3. Solid waste collection and disposal facilities; 2
19 4. Key West Naval Air Station and other military facilities;
20 5. Transportation facilities;
21 6. Federal parks, wildlife refuges, and marine sanctuaries;
22 7. State parks, recreation facilities, aquatic preserves, and other publicly owned 2
23 properties;
24 8. City electric service and the Florida Keys Electric Co-op; and
25 9. Other utilities, as appropriate.
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26 (i) To limit the adverse impacts of public investments on the environmental resources of
27 the Florida Keys.
28 (j) To make available adequate affordable housing for all sectors of the population of the co
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29 Florida Keys.
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30 (k) To provide adequate alternatives for the protection of public safety and welfare in the
31 event of a natural or manmade disaster and for a post disaster reconstruction plan.
32 (1) To protect the public health, safety, and welfare of the citizens of the Florida Keys and co
33 maintain the Florida Keys as a unique Florida resource. m
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34
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35 Staff finds the proposed amendment consistent with the Principles for Guiding
36 Development as a whole and is not inconsistent with any one principle.
37 M
38 In accordance with MCC M2-158(d)(5)., the BOCC may consider the adoption of an
39 ordinance enacting the proposed change based on one or more of the following factors:
40
41 1. Changed projections (e.g., regarding public service needs)from those on which the text or
42 boundary was based,
2018-238 pg.9
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I NA
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3 2. Changed assumptions (e.g., regarding demographic trends);
4 NA
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6 3. Data errors, including errors in mapping, vegetative types and natural features described
7 in Volume I of the Year 2010 Comprehensive Plan;
8 NA
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10 4. New issues;
11 NA
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13 5. Recognition of a need for additional detail or comprehensiveness; or
14 NA
15
16 6. Data updates; E
17 The physical characteristics of the property are not consistent with the Tier I criteria.
18 <
19 7. Consistency with the Comprehensive Plan and the principles for guiding development as
20 defined in Section 380.0552, Florida Statutes.
21 2
22 The proposed Tier change is consistent with the Comprehensive Plan and the
23 Principles for Guiding Development.
24 2
2
25 IV RECOMMENDATION >
26
27 Staff recommends approval of the proposed amendment as the parcels do not meet the
28 criteria for Tier I designation and is more appropriately designated Tier III in cm
29 accordance with criteria of Section 130-130(c)(2) of the Land Development Code.
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2018-238 pg. 10
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1 EXHIBIT I
2 TIER OVERLAY DISTRICT MAP AMENDMENT
3
4 PROPOSED TIER OVERLAY DISTRICT DESIGNATION
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2018-238 pg. 11
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ORDINANCE -2019
N ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS MEN' ING THE MO . OE COUNTY T" TIE �
OVERLAY DISTRICT MAP FROM TIER I TO TIER III AS REQUESTED
BY LOPEZ O E TO AND MARGO REV. TRUST FOR A PARCEL OF
VACANT LAND LEGALLY DESCRIBED AS BLOCK 3 LOT 16 KEY
HAVEN ESTATES, SIXTH EDITION, RACCOON KEYPLAT BOOK
GE 18, RACCOON KEY, AVI G REAL ESTATE NO. 001369 0-
C1C1C;'0I00; AS PROPOSED BY THE MONROE COUNTY DEPARTMENT OF
PLANNING AND ENVIRONMENTAL RESOURCES; PROVIDING FOR �
SE' E IA ILITY; PROVIDING IN FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND �
PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING
FOR Elul ENT TO THE TIER OVERLAYDISTRICT' AP;
PROVIDING FOR EFFECTIVE DATE.
WHEREAS, Lopez Roberto and Margo Rev. Trust requested that the current Tier Map
Overlay designation for property identified as Real Estate Number 00136970-000000 be amended
from.Tier I to "Tier 111, and
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WHEREAS, parcel number 00C 136970- 0C1000 is located at Vacant Land, Bougainvillea 0
:Drive, ley Haven and is legally described as Block 3 Lot 15 Key Haven Estates, Sixth Edition
Raccoon Key Plat hook 5 Page 18, Key haven, and
E REAS, at a regularly .scheduled rneeting held on the 20' day of April 2019, the co
Monroe County Planning Commission held a public hearing for the review and comment of the cm
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subject proposed amendment to the Monroe County Tier Overlay District Map; and
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WHEREAS, based upon the information and documentation submitted, the planning
Commission makes the following Findings of Fact and.Conclusions of Law:
1. ss'l f12-158(a) of the Monroe County Code maintains that map amendments (including the
land use district wraps) 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 Flan, but only to make
necessary adjustments in light of changed conditions; and
File 2018-238
Packet Pg. 3241
2. Pursuant to 102-158(d)(7)(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: (1) Changed projections (e.g,,
regarding public service needs) from those on which the text or boundary was based-, (2)
Changed assumptions, (e.g., regarding demographic trends); (3) Data errors, including
errors in mapping, vegetative types and natural features described in volume I of the plan;
(4) New issues; (5) Recognition of a need for additional detail or comprehensiveness; (6)
Data updates; and (7) consistency with the Comprehensive Plan and the Principles for
Guiding Development as defined in Section 380.0552, Florida Statutes
3. Staff has determined that the proposed Tier map amendment is consistent with MCC
See. 102-158(d)(7)(b)(6) Data updates;
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4. The proposed rnap amendment is consistent with the Principles for Guiding Development
and not inconsistent with any principle in the Florida Keys Area of Critical State Concern. 0
5.The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statutes; and
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WHEREAS, at a regular meeting held on the: 17" day of July, 2019, the Monroe County
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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;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF NROE COUNTY, FLORIDA:
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Section 1. Recitals_#Dd Legislative Intent. The foregoing recitals and statements of 0
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legislative intent are true and correct and are hereby incorporated as if fully stated 0
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herein; and
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Section 2. Parcel Number 00136980-000000, which, currently is designated as Tier 1, is J
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recommended to be designated Tier III as shown on the attached map, which is M
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hereby incorporated by reference and attached as Exhibit I I
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Section 3. Seve:rabLlitL. If any section, subsection, sentence, clause, item, change, or
provision of this ordinance is held invalid, the remainder of this ordinance shall not
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be affected by such validity.
Section 4. Inconsistency, Partial InvaliditI, Severability, and Survival of Provisions.
All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 5. Transmittal. This ordinance shall be transmitted to the State Land Planning
Agency as required by F.S. 380.05(1 1) and F.S. 380.0552(9),
File 2018-238
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Section 6. 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.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting held on the .1 7t" day of July, 2019.
Mayor Sylvia Murphy, District 5
Mayor ProTeyn Danny L. Kolhage, District 1.
Commissioner Michelle Coldiron., District 2
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Commissioner Heather Carruthers, District 3
Commissioner David Rice, District 4
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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BY
Mayor Sylvia Murphy
(SEAL)
ATTEST: KEVIN MADOK, CLERK
DEPUTY CLERK.
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