Item R04 R.4
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
October 16, 2019
Agenda Item Number: R.4
Agenda Item Summary #6023
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2506
1:30
AGENDA ITEM WORDING: A public hearing regarding 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 a parcel of vacant land legally described as Block 3, Lot 15, Largo Hi-Lands, Plat
Book 4, Page 89, Key Largo, having Real Estate Number 00533190-000000; as requested by Rafael
and Gloria Gonzalez.
ITEM BACKGROUND: This is a request to amend the tier designation for Parcel 4 00533190-
000000 from Tier I to Tier III. The subject parcel is within the URM land use district. The
corresponding FLUM designation is Residential High (RH). According to the Existing Conditions
Report (ECR) prepared by Susan Sprunt, Ph.D. (Environmental Consulting Systems, Inc., 2019) in
support of this Tier Overlay Amendment and verified by staff, the habitat on the parcel consists of
disturbed upland vegetation, greater than 40% of which is non-native. 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 parcel is 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
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.
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R.4
DOCUMENTATION:
Ordinance with Attachment Item 6023.
Staff Report
Gonzalez -Proposed Tier Amendment(Exhibit 1 to staff report)
public comment email
2019-071 PC Resolution
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:
N/A
REVIEWED BY:
Cheryl Cioffari Skipped 09/17/2019 8:56 PM
Emily Schemper Completed 09/26/2019 9:40 AM
Steve Williams Completed 09/27/2019 9:06 AM
Maureen Proffitt Completed 10/01/2019 10:30 AM
Assistant County Administrator Christine Hurley Completed
09/30/2019 11:57 AM
Maureen Proffitt Completed 10/01/2019 10:34 AM
Budget and Finance Completed 10/01/2019 10:55 AM
Maria Slavik Completed 10/01/2019 11:01 AM
Kathy Peters Completed 10/01/2019 11:18 AM
Board of County Commissioners Pending 10/16/2019 9:00 AM
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R.4.a
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7 ORDINANCE ® 01 �
9 AN ORDINANCE BY THE MONROE COUNTY BOARD F COUNTY
10 COMMISSIONERS F N I THE MONROE COUNTY TIER �
1. 1 OVERLAY LAY DISTRICT MAP FROM TIER I TO TIER III AS REQUESTED
12 BY RAF'AEL AND GLORIA GONZALEZ FOR PARCEL OF VACANT
1.3 LAND LEGALLY E C I S BLOCK 3 LOT' 15 LA HI-LANDS,
1.4 PLAT BOOK 4 PAGE 89, KEY LARGO,, HAVING REAL ESTATE
1.5 p 33 0- [1 00O1 PROVIDING FOR SE V ILITY; PROVIDING FOR
1.6 REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR T
17 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY ND THE �
18 SECRETARY OF STATE; PROVIDING FOR ND ENT T THE
19 TIER OVERLAY DISTRICT MAP; PROVIDING FOR AN EFFECTIVE �
20 DATE.
21
2
23 WHEREAS, Rafael And Gloria Gonzalez requested that the current Tier Map Overlay �
24 designation for property identified as Real Estate Number 005331941-000000 be amended from
25 Tier 1 to Tier 1[ ; and v
CD
26
27 WHEREAS, parcel number 00533190- t1 00 is located at 806 Oakwood Avenue, Key
28 Largo and is legally described as Block 3 Lot 15 Lai-go:Hi-Lands, Plat Book 4 Page 89, Key Largo„
29 and
30
31 WHEREAS, at a regularly scheduled meeting held on the 28"' day of august 2019,. the
32 Monroe County Planning Commission held a public hearing for the review and corn meat of the
33 subject proposed amendment to the Monroe County Tier Overlay District Map-, and
34
35 WHEREAS, based upon the information and documentation submitted, the Planning �
36 Commission males the following Findings of Fact and Conclusions of Law:
37 0
3 1. §102-15 (a) of the Monroe County Code maintains that map amendments (including the
39 land use district maps) are not intended to relieve particular- hardships, nor to confer- E
40 special privileges or rights on any person, nor to permit a change in community character,
41 as analyzed in Monroe County Year 20�10 Comprehensive Flan, but only to mare
42 necessary adjustments in light of changed conditions; and
43
44 2. Pursuant to §1 2-158(d)(7)(b) of the Monroe County Code, the Monroe County Board of
45 County Commissioners may consider the adoption of an ordinance enacting the proposed
46 change based on one (1) or more of the following factors: (1) Changed projections (e.g.,
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I regarding public service needs) from those on which the text or boundary was based; (2)
2 Changed assumptions (e.g., regarding demographic trends); (3) Data errors, including
3 errors in mapping, vegetative types and natural features described in volume 1 of the plan;
4 (4) New issues; (5) Recognition of a need for additional detail or comprehensiveness; (6)
5 Data updates; and (7) consistency with the Comprehensive Plan and the Principles for
6 Guiding Development as defined in Section 380.0552, Florida Statutes
7
8 3. Staff has determined that the proposed Tier map amendment is consistent with MCC
9 Sec. 102-158(d)(7)(b)(6) Data updates; 0
10
11 4. The proposed map amendment is consistent with the Principles for Guiding Development LO
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12 and not inconsistent with any principle in the Florida Keys Area of Critical State Concern.
0
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14 5.The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statutes; and
15
16 WHEREAS, at a regular meeting held on the 28"' day of August, 2019, the Monroe County
17 Board of County Commissioners held a public hearing to consider the adoption. of the proposed
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18 amendment, considered the staff report and provided for public cornment and public participation
19 in accordance with the requirements of state law and the procedures adopted for public
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20 participation in the planning process; <
21
22 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
23 COMMISSIONERS OF ON OE COUNTY, FLORIDA:
24
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25 Section 1. Recitals, and Legislative Intent, The foregoing recitals and statements of C14
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26 legislative intent are true and correct and are hereby incorporated as if fully stated (0
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27 herein; and
28
29 Section 2, Parcel Number 00533 t90-000000, which currently is designated as Tier 1, shall be E
30 designated Tier III as, shown on the attached map, which is hereby incorporated by
31 reference and attached as Exhibit 1,
32
33 Section 3. Severability, If any section, subsection, sentence, clause, itern, change, or
34 provision of this ordinance is held invalid, the remainder of this ordinance shall. not
35 be affected by such validity.
36
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37 Section 4. Inconsistenev, Partial Invalidity,Severabili and Survival of Provisions.
38 All ordinances or parts of ordinances in conflict with this ordinance are hereby
39 repealed to the extent of said conflict. E
40
41 Section 5. Transmittal. This ordinance shall be transmitted to the State Land Planning <
42 Agency as required by F.S. 380.05(11) and F.S. 380.0552(9).
43
44 Section 6. Filim and Effective Date. This ordinance shall be filed in the Office of the
45 Secretary of the State of Florida but shall not become effective until approved by
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I the State Land Planning Agency and, if appealed, until the appeal is resolved
2 pursuant to Chapter 120 of the Florida Statutes,
3
4
5 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
6, at a regular meeting held on the 16"' day of October, 2019,
7
8 Mayor Sylvia Murphy, District 5
9 Mayor,Pro Tem Danny L. Kolhage, District 1 0
10 Commissioner Michelle Coldiron, District 2
I I Commissioner Heather Carruthers, District 3
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12 Commissioner David Rice, District 4
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13
14 BOARD OF COUNTY COMMISSIONERS
15 OF MONROE COUNTY, FLORIDA
16
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17 BY
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18 Mayor Sylvia Murphy
19
20 (SEAL) E
21
22 ATTEST: KEVIN MADOX., CLERK
23
24
25 DEPUTY CLERK C14
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1 From: Tom McLeod <10FIO'11!li C (' + I. . ODUI>
2 Sent: Wednesday, June 26, 2019 3:20 PM
3 To: To 1pin-Devin <To 11-I)ev i n@moi°uoe( ou rO y Berenzweig-Jay
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5 Cc: Susan <Sleiiv�-I ki@qa�a L . com>
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6 Subject: Largo Hi Lands Tier 1 to Tier 111
7
8 Dear Sirs;
9
10 We have the following opinion after we attended a meeting on
11 Monday, June 24, 2019 at the Key Largo Library concerning the amending C
12 of the Tier overlay map from Tier 1 to Tier 111 for Block 3, lot 15,
13 Largo Hi-Lands real estate No. 00533190-000000.
14 The primary purpose of this proposed amendment is to gain points 0
15 towards a ROGO permit to allow building a residence on this lot. The
16 Tier system was established in 2006 and was public knowledge and this LO
17 lot was bought by Rafael and Gloria Gonzalez in 2007 .
0
18 While most lots on the plat do have residences there are ample
19 trees and shrubbery throughout this relatively high ground of Key
20 Largo. We were informed that a biologist had assessed this lot and
21 111 found it suitable for building. However, amending this lot to
22 Tier as proposed would provide precedent to amend the entire C
23 plot. This change in turn might very significantly reduce the unique E
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24 keys highland hammock appearance of this area. C
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25 We therefore are opposed to approval of this amendment E
26 <
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27 sincerely;
28
29 Thomas F. McLeod
30 Susan F. Eggler
31 18 Grassy Rd.
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32 Key Largo, FL
34 E
35 7557 Egret Dr. E
36 Titusville, FL 32780 00
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MONROE COUNTY PLANNING COMMISSION
RESOLUTION NO. P -19
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROVAL OF AN ORDINANCE BY
THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
AMENDING THE MONROE COUNTY TIER OVERLAY DISTRICT MAP
LO
FROM TIER I TO TIER III AS REQUESTED BY RAFAEL AND GLORIA
GONZALEZ FOR A PARCEL OF VACANT LAND LEGALLY c
DESCRIBED AS BLOCK 3 LOT 15 LARGO HI-LANDS, PLAT BOOK 4
PAGE 89, KEY LARGO, HAVING REAL ESTATE NO. 00533190-000000;
AS PROPOSED BY THE MONROE COUNTY DEPARTMENT OF
PLANNING AND ENVIRONMENTAL RESOURCES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING E
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.
WHEREAS, Rafael and Gloria Gonzalez requested that the current Tier Map Overlay
designation for property identified as Real Estate Number 00533190-000000 be amended from
Tier I to Tier III; and U)
WHEREAS, parcel number 00533190-000000 is located at 806 Oakwood Avenue, Key
Largo and is legally described as Block 3 Lot 15 Largo Hi-Lands,Plat Book 4 Page 89,Key Largo;
and
WHEREAS, based upon the information and documentation submitted, the Planning N
Commission makes 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 §102-15 8(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.,
File 2019-071
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R.4.e
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 1 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
Sec. 102-158(d)(7)(b)(6) Data updates;
4. 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 0
State Concern.
LO
NOW,THEREFORE,BE IT RESOLVED BY THE PLANNING COMMISSION OF
MONROE COUNTY, FLORIDA:
Section 1. The Planning Commission specifically approves the findings of fact and
conclusions of law stated above.
Section 2. Parcel Number 00533190-000000, which currently is designated as Tier I, is E
recommended to be designated Tier III as shown on the attached map, which is
hereby incorporated by reference and attached as Exhibit 1. E
PASSED AND ADOPTED By the Planning Commission of Monroe County, Florida, at
a regular meeting held on the 24th day of October, 2018.
Chair Werling
Vice-Chair Wiatt U)
Commissioner Coward
Commissioner Scarpelli
Commissioner Miller
N
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
BY
Denise Werling, Chair
Signed this day of , 2018
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