Item P6 P.6
t, 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.6
Agenda Item Summary #5722
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Cheryl Cioffari (305) 289-2506
1:30
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, FOR PROPERTY LOCATED AT MILE MARKER
5, LEGALLY DESCRIBED AS BLOCK 3, LOT 15, KEY HAVEN ESTATES, SIXTH
ADDITION, RACCOON KEY PLAT BOOK 5, PAGE 18, RACCOON KEY, MONROE
COUNTY, FLORIDA, HAVING REAL ESTATE NO. 00136970-000000
ITEM BACKGROUND:
This is a request to amend the tier designation for Parcel # 00136970-000000 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 the parcel consists 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. In addition, 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:
N/A
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STAFF RECOMMENDATION: Staff recommends approval of the proposed amendment as
the parcel does 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 15 BOCC Staff Report
2018-238 LOT 15 BOCC Ordinance
Lopez_00136970_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 5:40 PM
Steve Williams Completed 06/25/2019 8:31 AM
Maureen Proffitt Completed 06/25/2019 8:37 AM
Assistant County Administrator Christine Hurley Completed
06/25/2019 8:55 AM
Budget and Finance Completed 06/25/2019 9:00 AM
Maria Slavik Completed 06/25/2019 9:13 AM
Kathy Peters Completed 06/25/2019 9:19 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: Monroe County Board of County Commissioners =
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Through: Cheryl Cioffari, AICP, Acting Senior Director of Planning & Environmental Y
Resources
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From: Michael Roberts, Sr. Administrator/Environmental Resources M
Brittany Burtner, Sr. Biologist, Environmental Resources
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Date: June 24, 2019 m
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Subject: An Ordinance By The Monroe County Board Of County Commissioners Amending
The Monroe County Tier Overlay District Map from Tier I to Tier III by Lopez
Roberto and Margo Rev. Trust for two parcels of vacant land legally described as E
Block 3 Lot 15 Key Haven Estates, Sixth Edition, Raccoon Key Plat Book 5 Page Q
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18, Raccoon Key, having real estate no. 00136970-000000 and Block 3 Lot 16 Key
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 0
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2 I REQUEST
3
4 A request to amend the tier designation for Parcel 4 00136970-000000 from Tier I to Tier III. °�
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Subject Parcel (outlined in blue) (2018)
File No.2018-136 pg. 1
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1 II BACKGROUND INFORMATION& RELEVANT PRIOR COUNTY ACTIONS
2
3 Site Information
4 Address: Vacant Land, Bougainvillea Drive, Key Haven
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5 Legal Description: BK 3 LT 15 KEY HAVEN ESTATES SIXTH ADDITION RACCOON
6 KEY PB5-18 Applicant: Carlos F. Guerra, Jr. (agent) _
7 Size of Site: 6,250 square feet (lot 15) Y
8 Land Use District(s): IS
9 FLUM Designation: RM J
10 Current Tier Designation: I
11 Flood Zone: AE-9 _o
12 Existing Use: Vacant land 0°
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13 Existing Vegetation/Habitat: Scarified with minimal native vegetation.
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15 III PROPOSED AMENDMENT E
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17 Request to amend the tier designation for Parcel 400136970-000000 and Parcel 400136980-
18 000000 from Tier I to Tier III (Exhibit I).
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20 Review of Amendment c
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22 The subject parcels lie within the IS land use district. The corresponding FLUM designation is
23 Residential Medium (RM). E
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25 According to the Habitat Assessment(Dr.Philip Frank,2018)submitted in support of this Tier Q
26 Overlay Amendment, the habitat on both parcels consist of a mix of disturbed upland and
27 wetland vegetation:
28 Habitats on the lots are effectively uniform so the lots will be discussed as a combined unit.
29 The habitats consist of a mix of disturbed uplands (740) and disturbed salt marsh and
2018-238 pg.2
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I buttonwood wetlands (740.3). Towards the road, elevations are higher as a result of fill
2 being placed historically, with vegetation a mix of native and invasive exotic vegetation.
3 Disturbed wetlands and uplands occur in a mosaic, with fill having been placed non-
4 uniformly.[Habitat Assessment by Dr. Philip Frank, October 23, 2018]
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2018-238 pg. 3
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2009 Habitat (developed land with small area of buttonwood)
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Site Conditions, March 2019
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2018-238 pg. 5
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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. I
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9 Consistency of the proposed amendment with the provisions and intent of the Monroe M
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 E
14 Land Development Code.
15 E
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,
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
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).
25
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.
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30 (c) Tier boundary criteria, excluding Big Pine Key and No Name Key. The tier boundaries co
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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 00
34 designate boundaries between different tier overlays: N
35
36 1. Tier I boundaries shall be delineated to include one or more of the following N
37 criteria and shall be designated tier L
38 a. Vacant lands which can be restored to connect upland native habitat patches
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. 6
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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
8 surveys.
9 e. Conservation, native area, sparsely settled, and offshore island land use
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10 districts.
11 f. Areas with minimal existing development and infrastructure. 0
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.
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;
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 g
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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 0
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
27 that allows residential development of more than one dwelling unit
28 per parcel/lot or non-residential development. M
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30 Consistency of the proposed amendment with the Principles for Guiding Development in the 0
31 Florida Keys Area of Critical State Concern pursuant to F.S. Chapter 380.0552(7). 00
32
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33 For the purposes of reviewing consistency of the Land Development Code or any amendments
34 to the Code with the principles for guiding development and any amendments to the principles,
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. 7
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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.
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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
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9 Florida Keys. IZ
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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 E
15 proposed major public investments, including:
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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;
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 A
23 properties;
24 8. City electric service and the Florida Keys Electric Co-op; and
25 9. Other utilities, as appropriate. 0
26 (i) To limit the adverse impacts of public investments on the environmental resources of
27 the Florida Keys.
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28 (j) To make available adequate affordable housing for all sectors of the population of the
29 Florida Keys. 0
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30 (k) To provide adequate alternatives for the protection of public safety and welfare in the LO
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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 00
33 maintain the Florida Keys as a unique Florida resource. N
34
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
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. 8
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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 0
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13 5. Recognition of a need for additional detail or comprehensiveness; or
14 NA o0
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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 a�
22 The proposed Tier change is consistent with the Comprehensive Plan and the
23 Principles for Guiding Development.
24
25 IV RECOMMENDATION
26
27 Staff recommends approval of the proposed amendment as the parcel does not meet the
28 criteria for Tier I designation and is more appropriately designated Tier III in
29 accordance with criteria of Section 130-130(c)(2) of the Land Development Code.
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2018-238 pg.9
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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. 10
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ORDINANCE - 019
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AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING THE MONROE COUNTY TIER �
OVERLAY DISTRICT AP FROM TIER I TO TIER III AS REQUESTED
LOPEZ, LO
BY O E TO AND MARGO REV. TRUST FOR A PARCEL OF
VACANT LAND LEGALLY DESCRIBED S BLOCK 3 LOT" .1.5 KEY
HAVEN ESTATES, SIXTH EDITION, RACCOON O KEY PLAT BOOK
PAGE 18, RACCOON KEY, HAVING REAL ESTATE NO., 3 7 .
00 0; AS PROPOSED BY THE MONROE COUNTY DEPARTMENT OF
PLANNING AND ENVIRONMENTAL RESOURCES; PROVIDING FOR
SE EM., ILITY; PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE ESN �
PLANNING l ING AGENCY AND THE SECRETARY OF STATE; PROVIDING
FOR AMENDMENT TO THE TIER OVERLAY DISTRICT MAP;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Lopez Roberto and Margo Rev. Trust requested that the current Tier Map
Overlay designation for property identified as heal Estate Number 00136970-000'000 be amended
from Tier l to Tier 111; and
WHEREAS, parcel number 00'1.36970-000000 is located at Vacant Land, bougainvillea U
Drive, Key Haven and is legally described as. Block 3 Lot 15 Key Haven Estates, Sixth Edition,
Raccoon Key Plat Book 5 Page 18, fey Haven; and LO
WHEREAS, at a regularly scheduled meeting held on the 24`' day of April 2019, the
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Monroe County Planning Commission field a public hearing for the review and co nment of the
subject proposed amendment to the Monroe County Tier Overlay District :Flap; and 00
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E EAS, based upon the information and documentation submitted, the Planning
Commission makes the following;Findings of Fact and Conclusions of Law: E
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1. §1.02-1.58(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
File 2018-238
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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 of 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 Z:
3. Staff has determined that the proposed Tier map amendment is consistent with MCC
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Sec. 102-158(d)(7)(b)(6) Data updates,-
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4. The proposed map amendment is consistent with the Principles for Guiding Development M
and not inconsistent with any principle in the Florida Keys Area of Critical State Concern.
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5.The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statutes; and 0
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WHEREAS, at a regular meeting held on the 17" day of July, 2019, the Monroe County
Board of County Commissioners held a public hearing to consider the adoption of the proposed E
amendment, considered the staff report and provided for public coil-iment 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 MONROE COUNTY, FLORIDA:
Section 1. Recitals and 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 U
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herein; and M
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Section 2. Parcel Number 00136970-000000, which currently is designated as Tier 1, IS 0
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recorriniended to be designated Tier III as shown on the attached map, which is 00
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hereby incorporated by reference and attached as Exhibit I
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Section 3. Severabilit,y. 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. Inconsistenc v, Partial Invaliditv, SeverabilitI, andSurvival 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(11) and F.S. 380.0552(9).
File 2018-238
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Section 6. Fifin . 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 17"' day of July, 2019.
Mayor Sylvia Murphy, District 5
Mayor Pro Tee, Danny L. Kolhage, District 1.
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Commissioner Michelle Coldiron, District 2
Commissioner Heather Carruthers, District 3 0
Commissioner David Rice, District 4
BOARD OF COUNTY COMMISSIONERS,
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OF MONROE COUNTY, FLORIDA
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BY
Mayor Sylvia Murphy E
(SEAL)
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ATTEST: KEVIN MADOK, CLERK
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DEPUTY CLERK
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