Item O16 0.16
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Heather Carruthers,District 3
IleOI1da Keys Mayor Pro Tern Michelle Coldiron,District 2
�p.° Craig Cates,District I
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
January 22, 2020
Agenda Item Number: 0.16
Agenda Item Summary #6423
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Michael Roberts (305) 289-2502
1:30 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 III-A To Tier
III as requested by Daniel Iarrobino for two parcels of vacant land legally described as Block 8 Lots
17 & 18 Cutthroat Harbor Estates, Cudjoe Key, Plat Book 4, Page 165, having Real Estate Nos.
00178450-000000 and 00178460-000000.
ITEM BACKGROUND:
The requested Tier Overlay District map amendment is for two (2) parcels on Cudjoe Key legally
described as Block 8, Lots 17 & 18 Cutthroat Harbor Estates, Cudjoe Key, Plat Book 4, Page 165,
having Real Estate numbers 00178450-000000 and 00178460-000000. The subject parcels are
located within the Suburban Commercial (SC) land use district. The corresponding Future Land Use
Map (FLUM) designation is Mixed Use/Commercial (MC). The surrounding habitat consists of
developed land, undeveloped land, U.S. Highway 1, and a mangrove fringe grading into hammock
across U.S. 1. Monroe County 2030 Comprehensive Plan Policy 205.1.1 provides the following
criteria for the designation of Tier III-A (Special Protection Areas):
Designated Tier III lands located outside of Big Pine Key and No Name Key with
tropical hardwood hammock or pinelands of one acre or greater in area shall he
designated as Special Protection Areas.
The subject parcels do not meet the criteria for Tier III-A. As required by Monroe County Land
Development Code Section 130-130(b)(2), lands that are not designated Tier I shall be designated
Tier III.
PREVIOUS RELEVANT BOCC ACTION:
NA
CONTRACT/AGREEMENT CHANGES:
NA
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STAFF RECOMMENDATION: Staff recommends approval of the proposed amendment as the
parcel does not meet the criteria for Tier III-A designation and is more appropriately designated Tier
III in accordance with criteria of Section 130-130(b)(2) of the Land Development Code.
DOCUMENTATION:
2019-138 BOCC Staff Report
Iarrobino_Tier_Amendment—Exhibit to Staff Report
Ordinance
Iarrobino_Cudj oe_Tier_Amendment—Ordinance—Exhibit
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: N/A
Additional Details:
N/A
REVIEWED BY:
Emily Schemper Completed 12/30/2019 10:07 AM
Assistant County Administrator Christine Hurley Completed
12/31/2019 11:15 AM
Peter Morris Completed 12/31/2019 1:20 PM
Budget and Finance Completed 01/02/2020 3:28 PM
Maria Slavik Completed 01/06/2020 10:35 AM
Kathy Peters Completed 01/06/2020 12:13 PM
Board of County Commissioners Pending 01/22/2020 9:00 AM
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MEMORANDUM
MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring,professional and fair
To: The Monroe County Board of County Commissioners
Through: Emily Schemper, Senior Director of Planning & Environmental Resources
r
From: Michael Roberts, Assistant Director of Environmental Resources
Date: December 26, 2019
Subject: An Ordinance by the Monroe County Board Of County Commissioners Amending
the Monroe County Tier Overlay District Map From Tier III-A To Tier III as
requested by Daniel Iarrobino for two parcels of vacant land legally described as
block 8 lots 17 & 18 Cutthroat Harbor Estates Cudjoe Key Plat Book 4 Page 165,
having Real Estate No's 00178450-000000 and 00178460-000000; (File 2019-138)
0
Meeting: January 22,2020 �?
1 I REQUEST
2 0
3 A request to amend the tier designation for Parcels 4 00178450-000000 and 00178460-000000 2
4 from Tier III-A (SPA) to Tier III.
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Subject Parcels (outlined in blue) (2018)
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1 11 BACKGROUND INFORMATION& RELEVANT PRIOR COUNTY ACTIONS
2
3 Site Information
4 Address: Vacant land, U.S. Highway 1 Cudjoe Key
5 Legal Description: Block 8 Lots 17 & 18 Cutthroat Harbor Estates Cudjoe Key Plat Book 4-
6 Page 165
7 Applicant: DanielIarrobinio
8 Size of Site: 12,500 square feet (per lot; 25,000 square feet total)
9 Land Use District(s): SC
10 FLUM Designation: MC E
11 Current Tier Designation: III-A (SPA)
12 Flood Zone: AE-11 E
13 Existing Use: Vacant land
14 Existing Vegetation/Habitat: Disturbed
15
16 Community Participation meeting 0
17 In accordance with Chapter 102-159, a community participation meeting was held on August
18 28, 2019 at the Sugarloaf School. Staff present were Brittany Burtner, Senior Biologist and Liz
19 Lustberg, Planner. The applicant, the applicant's agent, and three members of the public were in
20 attendance. The applicant's agent described the proposed map amendment and explained the
21 map amendment process. Two attendees expressed no objection to the proposed amendment,
22 and stated that they would not have attended if the notice had more clearly stated what a Tier
23 Overlay Amendment was. The third attendee voiced no objection.
24
25 Monroe County Development Review Committee
26 At its regularly scheduled meeting on August 27, 2019, the Monroe County Development
27 Review Committee reviewed the proposed amendment. The information provided in the staff
�s
28 report and discussed at the meeting supports the Chair's decision to recommend approval to the
29 Planning Commission and Board of County Commissioners. ®o
30 M
31 Plannin2 Commission
32 At its regularly scheduled meeting on October 30, 2019, the Monroe County Planning cv
33 Commission reviewed the proposed amendment. Based on the information provided in the staff
34 report and discussed at the meeting the Planning Commission recommended approval to the
35 Board of County Commissioners (PC Resolution P41-19).
36
37 Prior Permits
38 Land clearing permits (06106334 and 89101949) for exotic removal have been issued for parcel
39 00178450-000000. Permit 06106334 included authorization for exotic removal on parcel
40 00178460-000000. A sign permit(94100119)was also issued for parcel 00178450-000000.
41
42
43
44
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I III PROPOSED AMENDMENT
2
3 Request to amend the tier designation for Parcels 400178450-000000 and 400178460-000000
4 from Tier III-A (SPA) to Tier III (Exhibit I).
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8 The subject parcels lie within the SC land use district. The corresponding FLUM designation is
9 Mixed Use/Commercial (MC).
10
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I I Information contained in the application described the parcels as "lots exhibit typical re-growth of
12 previously cleared lots which includes both native and invasive species. Native species include
13 poisonwood, Jamaica dogwood, buttonwood and stoppers. Invasive exotics include Brazillian
14 pepper, coconut palms, leadtree, oyster plant, and scaevola. Lots are uplands and include re- co
15 growth hammock plant species. As such, the lots are no longer undisturbed native upland habitat." 0
16 Field review by Environmental Resources staff revealed that there was standing water in the south m
17 west property corner of 00178450-000000 and south east of 00178460-000000. It appears that co
18 these wetland areas extend less than 10 feet into the property and are likely supported
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19 hydrologically by run-off from LaFitte Drive. Staff characterizes the habitat as successional plant N
20 community transitioning from buttonwood to hammock. As noted in the applicant's description,
21 there are a significant number of oyster plants, a large area of Scaveola, and some minimal E
22 Brazilian pepper and Schefflera.
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1986 Existing conditions map (developed land) Q
1 Monroe County 2030 Comprehensive Plan Policy 205.1.1 provides the criteria for the designation
2 of Tier III-A (Special Protection Areas):
3 Designated Tier III lands located outside of Big Pine Key and No Name Key with tropical
4 hardwood hammock or pinelands of one acre or greater in area shall be designated as
5 Special Protection Areas.
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I The subject parcels do not meet the criteria for Tier III-A. As required by Chapter 130-130(b)(2),
2 lands that are not designated Tier I shall be designated Tier III.
3 (c) Tier boundary criteria, excluding Big Pine Key and No Name Key. The tier boundaries are
4 designated using aerial photography, data from the Florida Keys Carrying Capacity Study, the
5 endangered species maps, property and permitting information and field evaluation. The
6 following criteria, at a minimum,are used to evaluate upland habitats and designate boundaries
7 between different tier overlays:
8 3. Lands located outside of Big Pine Key and No Name Key that are not designated tier I
9 shall be designated tier III.
10 a. The following conditions shall constitute a break in pinelands or tropical hardwood
11 hammock for calculating the one-acre minimum patch size for designation of tier III-
12 A boundaries: E
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Criteria Status
1 U.S. Highway 1, canals and open water; The parcels front on U.S. 1
2 Any disturbed pinelands or tropical hardwood hammock The parcel is not
with invasive coverage of 40 percent or more; characterized as hammock
or pineland. 0
3 Property lines of developed lots or vacant lots with a ROGO The parcels are adjacent to
allocation award or an issued building permit, as of developed parcels on the
September 28, 2005,located within a Land Use District that south and west
allows only one unit per lot; or g
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4 Property lines of developed parcels of less than 10,000 NA
square feet in area with a ROGO/NROGO allocation award
or issued building permit, as of September 28, 2005,located
within a Land Use District that allows residential
development of more than one dwelling unit per parcel/lot
or non-residential development.
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13 Based on the above,staff finds that the appropriate Tier Overlay District designation for the subject 0
14 parcel is Tier III. co
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15 Consistency of the proposed amendment with the provisions and intent of the Monroe
16 County Land Development Code: N
17 Staff has determined that the proposed tier overlay district (zoning) map amendment is E
18 not inconsistent with the provisions and intent of Section 130-130 of the Monroe County
19 Land Development Code.
20
21 Sec. 130-130.—Tier Overlay District
22 (a) Purpose. The purpose of the tier overlay district is to designate geographical areas
23 outside of the mainland of the county, excluding the Ocean Reef planned development,
24 into tiers to assign ROGO and NROGO points, determine the amount of clearing of upland
25 native vegetation that may be permitted, and prioritize lands for public acquisition. The tier
26 boundaries are to be depicted on the tier overlay district map. Lands on Big Pine Key and
27 No Name Key shall be delineated as tier I, II, or III. Lands in the remainder of the
2019-138 Page 7 of 12
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I unincorporated county, excluding the Ocean Reef planned development, shall be
2 delineated as tier I, III, and III-A (special protection area).
3
4 (b) Tier boundaries. Tier boundaries shall follow property lines wherever possible, except
5 where a parcel line or distinct geographical feature, such as a canal or roadway, may be
6 more appropriate.
7
8 (c) Tier boundary criteria, excluding Big Pine Key and No Name Key. The tier boundaries
9 are designated using aerial photography, data from the Florida Keys Carrying Capacity
10 Study, the endangered species maps, property and permitting information and field
11 evaluation. The following criteria, at a minimum, are used to evaluate upland habitats and
E
12 designate boundaries between different tier overlays:
13 E
14 4. Tier I boundaries shall be delineated to include one or more of the following
15 criteria and shall be designated tier L
16 a. Vacant lands which can be restored to connect upland native habitat patches
17 and reduce further fragmentation of upland native habitat.
18 b. Lands required to provide an undeveloped buffer, up to 500 feet in depth, if .0
19 indicated as appropriate by special species studies, between natural areas and
20 development to reduce secondary impacts. Canals or roadways, depending on
21 width, may form a boundary that removes the need for the buffer or reduces its
22 depth.
23 c. Lands designated for acquisition by public agencies for conservation and
24 natural resource protection.
25 d. Known locations of threatened and endangered species, as defined in section
26 101-1, identified on the threatened and endangered plant and animal maps or
27 the Florida Keys Carrying Capacity Study maps, or identified in on-site
28 surveys.
29 e. Conservation, native area, sparsely settled, and offshore island land use
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30 districts.
31 f. Areas with minimal existing development and infrastructure. co
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32 5. Lands located outside of Big Pine Key and No Name Key that are not
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33 designated tier I shall be designated tier III. N
34 b. The following conditions shall constitute a break in pinelands or tropical
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35 hardwood hammock for calculating the one-acre minimum patch size for
36 designation of tier III-A boundaries:
37 1. U.S. Highway 1, canals and open water;
38 2. Any disturbed pinelands or tropical hardwood hammock with
39 invasive coverage of 40 percent or more;
40 3. Property lines of developed lots or vacant lots with a ROGO
41 allocation award or an issued building permit, as of September 28,
2019-138 Page 8 of 12
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1 2005, located within a Land Use District that allows only one unit
2 per lot; or
3 4. Property lines of developed parcels of less than 10,000 square feet
4 in area with a ROGO/NROGO allocation award or issued building
5 permit, as of September 28,2005,located within a Land Use District
6 that allows residential development of more than one dwelling unit
7 per parcel/lot or non-residential development.
8
9 Consistency of the proposed amendment with the Principles for Guiding Development in the
10 Florida Keys Area of Critical State Concern pursuant to F.S. Chapter 380.0552(7).
11 E
12 For the purposes of reviewing consistency of the Land Development Code or any amendments
13 to the Code with the principles for guiding development and any amendments to the principles, E
14 the principles shall be construed as a whole and no specific provision shall be construed or
15 applied in isolation from the other provisions.
16 a�
17 (a)To strengthen local government capabilities for managing land use and development so
18 that local government is able to achieve these objectives without the continuation of the
19 area of critical state concern designation.
20 (b)To protect shoreline and marine resources,including mangroves, coral reef formations,
21 seagrass beds, wetlands, fish and wildlife, and their habitat.
22 (c) To protect upland resources, tropical biological communities, freshwater wetlands,
23 native tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges
24 and beaches, wildlife, and their habitat.
25 (d) To ensure the maximum well-being of the Florida Keys and its citizens through sound
26 economic development.
27 (e) To limit the adverse impacts of development on the quality of water throughout the
28 Florida Keys.
0
29 (f) To enhance natural scenic resources, promote the aesthetic benefits of the natural CO
30 environment, and ensure that development is compatible with the unique historic character M
31 of the Florida Keys.
32 (g) To protect the historical heritage of the Florida Keys. c"
33 (h) To protect the value, efficiency, cost-effectiveness, and amortized life of existing and
34 proposed major public investments, including:
35 1. The Florida Keys Aqueduct and water supply facilities;
36 2. Sewage collection and disposal facilities;
37 3. Solid waste collection and disposal facilities;
38 4. Key West Naval Air Station and other military facilities;
39 5. Transportation facilities;
40 6. Federal parks, wildlife refuges, and marine sanctuaries;
41 7. State parks, recreation facilities, aquatic preserves, and other publicly owned
42 properties;
43 8. City electric service and the Florida Keys Electric Co-op; and
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1 9. Other utilities, as appropriate.
2 (i) To limit the adverse impacts of public investments on the environmental resources of
3 the Florida Keys.
4 0) To make available adequate affordable housing for all sectors of the population of the
5 Florida Keys.
6 (k) To provide adequate alternatives for the protection of public safety and welfare in the
7 event of a natural or manmade disaster and for a post disaster reconstruction plan.
8 (1) To protect the public health, safety, and welfare of the citizens of the Florida Keys and
9 maintain the Florida Keys as a unique Florida resource.
10
11 Staff finds the proposed amendment consistent with the Principles for Guiding
12 Development as a whole and is not inconsistent with any one principle.
13
14 In accordance with MCC M2-158(d)(5)., the BOCC may consider the adoption of an
15 ordinance enacting the proposed change based on one or more of the following factors:
16 0
17 1. Changed projections (e.g., regarding public service needs)from those on which the text or
18 boundary was based,
19 NA
20
21 2. Changed assumptions (e.g., regarding demographic trends); T
22 NA
23
24 3. Data errors, including errors in mapping, vegetative types and natural features described
25 in Volume I of the Year 2010 Comprehensive Plan;
26 NA
27 (n
28 4. New issues;
29 NA
30 00
31 5. Recognition of a need for additional detail or comprehensiveness; or
32 NA
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33
34 6. Data updates;
35 The physical characteristics of the property are not consistent with the Tier III-A
36 criteria contained in Section 130-130 of the Land Development Code and Policy
37 205.1.1 of the Comprehensive Plan.
38
39 7. Impact on Community Character:
40
41 The Tier Overlay District designation is utilized to implement and score ROGO
42 applications, to steer growth and to establish clearing limits. While the proposed
43 change may result in a ROGO or NROGO allocation being issued sooner than
44 otherwise, the Tier designation will not impact community character. Likewise, the
2019-138 Page 10 of 12
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I development of the subject lots should not negatively impact the community
2 character of the area.
3
4 IV RECOMMENDATION
5
6 Staff recommends approval of the proposed amendment as the parcel does not meet the
7 criteria for Tier III-A designation and is more appropriately designated Tier III in
8 accordance with criteria of Section 130-130(b)(2) of the Land Development Code.
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1 EXHIBIT I
2 TIER OVERLAY DISTRICT MAP AMENDMENT
3
4 PROPOSED TIER OVERLAY DISTRICT DESIGNATION
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7 ORDINANCE - 200
8
9 AN ORDINANCE BY THE MONROE COUNTY BOARD F COUNTY
10 COMMISSIONERS AMENDING THE MONROE COUNTY TIER OVERLAY
1 1 DISTRICT MAP FROM TIED III-A(SPA)TO TIER III BY DANIEL IAIRRO IN
12 FOR 2 PARCELS OF VACANT LAND LEGALLY DESCRIBED. AS- BLOCK 8,
13 LOTS 17 AND 18, CUTTHROAT HARBOR ESTATES, ACCORDING TO THE
14 PLAN[' THERE OF AS I +CORDED IN PLAT BOOK 4, PAGE Ifs, OF THE
15 PUBLIC RECORDS CCI DS F MONROE COUNTY, FLORIDA, AND CURRENTLY
16 HAVING PROPERTY IDENTIFICATION NOS. 0017 450-00 000 AND 0017 f0- �
17 000 00; AS PROPOSED BY THE MONROE COUNTY PLANNING AND
18 ENVIRONMENTAL RESOURCES DEPARTMENT;TENT; PROVIDING FOR �
19 EVE IIL TY; PROVIDING FOR REPEAL OF CONFLICTING �
20 PROVISIONS;NS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND �
21 PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR
22 AMENDMENT TO THE TIER OVERLAY DISTRICT MAP, PROVIDING ING FOR �
23 AN EFFECTIVE DATE.
0
24
25
26 WHEREAS, Daniel larrobino requested that the current Tier Overlay :District map designation
27 for properties identified as Property Identification Numbers 0017450-000000 and 00178460-
28 000000 be amended from Tier III-A to Tier III; and
29 0
30 WHEREAS, these parcels currently bearing Property Identification Numbers 0017 450-000000
31 and 0017 460-000000 (the "parcels" or "subject parcels") are located on LaFitte Road, Cudjoe '
32 Key, and are more particularly legally described as being situated in Block 8, Lots 17 and 18, �
33 Cutthroat Harbor Estates, according to the plat thereof as recorded in Plat Book 4, Page 165,, of
34 the Public Records of Monroe County, ]Florida; and
35
36 WHEREAS, at a regularly scheduled meeting held on October 30'h, 2019, the Monroe County
37 Planning Commission ("Planning Commission") held a public hearing for review and comment of
38 the subject proposed amendment to the Monroe County "Pier Overlay District Map; and
39
40 WHEREAS,based upon the information and documentation submitted,the Planning Commission
41 made the following Findings of Fact and Conclusions of Law:
42
43 1, Monroe County Land Development Code ("L,DC") Section 102-15 (a) maintains that map
44 amendments(including the land use districtmaps)are not intended to relieve particular hardships,
45 nor to confer special privileges or rights on any person, nor to permit a change in community
46 character, as analyzed in Monroe County Comprehensive Plan, but only to make necessary
47 adjustments in light of changed conditions; and
48
File 9 2019-138 Iarabinio BOCC Ordinance 9#-2020
Page 1 of 3
n____a n_ 1f1 C1
1 2. Pursuant to LDC Section 102-158(d)(7)(b),the Monroe County Board of County Commissioners
2 may consider the adoption of an ordinance enacting the proposed change based on one (1) or
3 more of the:following:factors: (1)Changed projections(e.g.,regarding public service needs)from
4 those on which the text or boundary was based; (2) Changed assumptions (e.g., regarding
5 demographic trends); (3) Data errors, including errors in mapping, vegetative types and natural
6 features described in Volume I of the Plan; (4) New issues; (5) Recognition of a need for
7 additional detail or comprehensiveness; (6) Data updates-, and (7) Consistency with the
8 Comprehensive Plan and the Principles for Guiding Development as defined in Section 380.0552,
9 Florida Statutes.
10
11 3. Staff has determined that the proposed Tier map amendment is consistent with LDC Section
12 102-158(d)(7)(b)(6) (Data updates);
13
W 4. The proposed map amendment is consistent with the Principles for Guiding Development and
15 is not inconsistent with any principle in the Florida Keys Area of Critical State Concern,
16
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17 WHEREAS,at a regularuar
meeting held on Jany 22,d2020,the Monroe County Board of County -a
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18 Commissioners held a public hearing to consider the adoption of the proposed amendment, considered the 0
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i 9 staff report,and provided for public comment and public participation in accordance with the requirements
20 of state law and the procedures adopted for public participation in the planning process;
21
22 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
23 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
0
24
25 Section 1. Recitals an4Legislative Intent. The foregoing recitals and statements of legislative
26 intent are true and correct and are hereby incorporated as if fully stated herein; and
27
28 Section 2. The subject parcels, which are currently designated as Tier III-A, shall be designated Tier
.............
29 111 as shown on the attached map, which is hereby incorporated by reference and attached 0
30 as Exhibit I
31
E
32 Section 3. Severabilitv. If any section, subsection, sentence, clause, item,change, or provision of this
33 ordinance is held invalid, the remainder of this ordinance shall not be affected by sucil
34 validity.
35
36 Section 4. InconsistSnc3, Partial Invalidill, Severabiliq, and Survival of Provisions. All
37 ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the
38 extent of said conflict.
39
40 Section 5. Transmittal. This ordinance shall be transmitted to the State Land Planning Agency as
41 required by Sections 380.05(l 1) and 380.0552(9), Florida Statutes.
42
43 Section 6. This ordinance shall be filed in the Office of the Secretary of
44 the State of Florida but shall not become effective until approved by the State Land
45 Planning Agency and, if appealed, until the appeal is resolved pursuant to Chapter 120 of
46 the Florida Statutes.
47
48
File 9.2019-138 larabinio BOCC Ordinance##-2020
Page 2 of 3
M_
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PASSED AND ADOPTEDby the Board of County Commissioners ofMonroe County., Florida,, at a
2 regular meeting held on January 22 d, 2020.
Mayor Heather C. Carruthers, District 3
Mayor Pro Tee Michelle C oldiro , District 2
Craig Cates, District I
David Po Rice, District 4
Sylvia J. Murphy, District
BOARD OF COUNTY COMMISSIC.DC E S
OF MONROE C,Cbuwm FLORIDA
BY:
Mayor Heather C. Carruthers
MC NROE COUNTYCO N Y
P�,.. VEIL T FCC
ASSIISTANT COUNTYATTORNEY
ATTEST: K-EVl.N MADOK, CLERK. Date: .._. . ...0
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DEPUTY CLERK
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