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BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers, District 3
Mayor Pro Tem Michelle Coldiron, District 2
Ile Florida Keys
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Craig Cates, District 1
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David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
February 19, 2020
Agenda Item Number: P.6
Agenda Item Summary #6560
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 the Monroe County School Board for a Parcel of Land Legally Described as Part of
Lot 1 and Part of Lot 2 Section 36, Township 66 South, Range 27 East Sugarloaf Key, and which
currently bears Property Identification No. 00118050-000000
ITEM BACKGROUND:
This item pertains to a request from the Monroe County School Board to amend the tier designation
for a portion of property currently bearing Property Identification No. 00118050-000000 from Tier
III -A (SPA) to Tier III, an approximately 2.81-acre portion of property located at 255 Crane
Boulevard on Sugarloaf Key.
The subject property currently has a Tier Overlay District designation of Tier III -A. It should be
noted that the parcel had been developed to the current footprint at the time of the adoption of the
Tier Overlay District map (2006). The property is currently developed with the Sugarloaf School
and accessory uses and structures. A vegetation survey/existing conditions report was not submitted
with the application and is not required for the current request as the requested amendment does not
include any native habitat(s).
P.6
Environmental Resources staff inspected the site on November 7, 2019, and confirmed that the area
proposed for the map amendment consists entirely of developed land (a ballfield). Adjacent
improvements include the Sugarloaf School, parking, and additional athletic fields to the south.
Natural habitat on the east and south side of the area proposed for the map amendment consist of a
mix of tropical hardwood hammock and freshwater wetland.
The subject parcel does not contain tropical hardwood hammock or pinelands and therefore does not
meet the criteria for Tier III -A. As required by Monroe County Land Development Code Section
130-130(c)(2), lands that are not designated Tier I shall be designated Tier III.
Based upon the foregoing, Environmental Resources staff finds that the appropriate Tier Overlay
District designation for the subject parcel should be amended to Tier III.
PREVIOUS RELEVANT BOCC ACTION:
NA
Packet Pg. 2153
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
2019-167 BOCC SR 2.19.20
Tier Map Amendment Ordinance
Exhibit I 255_Crane_Blvd_Tier_Ordinance_Map
255_Crane_Blvd_Tier_Amendment 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:
Grant:
County Match:
Insurance Required: N/A
Additional Details:
n/a
REVIEWED BY:
If yes, amount:
Emily Schemper
Completed
Assistant County Administrator Christine
Hurley
01/30/2020 2:42 PM
Peter Morris
Completed
Budget and Finance
Completed
Maria Slavik
Completed
Kathy Peters
Completed
Board of County Commissioners
Pending
01/30/2020 10:41 AM
Completed
02/04/2020 1:16 PM
02/04/2020 3:57 PM
02/04/2020 3:59 PM
02/04/2020 4:24 PM
02/19/2020 9:00 AM
P.6.a
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ME M
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional and fair
To: Monroe County Board of County Commissioners
Through: Emily Schemper, AICP, CFM, Senior Director of Planning & Environmental
Resources
From: Michael Roberts, Assistant Director of Environmental Resources
Date: January 30, 2020
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 the School Board of Monroe County Florida for a parcel of land
legally described as part of Lot 1 and part of Lot 2 section 36, township 66s, range
27e Sugarloaf Key; having real estate no: 00118050-000000 (file 2019-167)
Meeting: February 19, 2020
I. REQUEST
A request to amend the tier designation for a portion of Parcel # 00118050-000000 from Tier III -A
(SPA) to Tier III.for a 2.81-acre portion of property located at 255 Crane Boulevard on Sugarloaf Key.
BOCC SR 2.19.20
File No. 2019-167
Subject parcel outlined in blue MCGIS aerial imagery 2018
Page 1 of 8
Packet Pg. 2155
II. BACKGROUND INFORMATION
Site Information:
Location: MM 19.3, Sugarloaf Key
Address: 255 Crane Boulevard
Description: A part of Government Lot 2, Section 36, Township 66 South, Range 27 East,
Sugarloaf Key, Monroe County, Florida
Parcel ID Number: 00118050-000000
Owner/Applicant: The School Board of Monroe County, Florida
Size of Affected Portion of Property: 122,458.33 SF (2.81 acres)
FLUM Designations: Education (E) and Residential Conservation (RC)
Land Use Districts: (SC), (SR) and (NA)
Tier Designation: III -A (special protection area)
Flood Zones: AE (EL 11)
Existing Use: Sugarloaf School.
Existing Vegetation/Habitat: Developed Land, Freshwater Wetland and Hammock
Community Meeting and Public Participation
In accordance with LDC Section 102-159(a), a community meeting was held on December 3, 2019 at
5:30 PM at the subject property to discuss the proposed Tier Overlay District map amendment and to
provide for public participation. There was one (1) member of the public in attendance who had no
objections to the proposed amendment.
Development Review Committee and Public Input
The Development Review Committee considered the proposed amendment at a regular meeting on
December 17, 2019 and received public input.
Planning Commission and Public Input
The Planning Commission considered the proposed amendment at a regular meeting on January 29,
2020, received public input and recommended approval of the requested amendment.
PROPOSED AMENDMENT
Request to amend the tier designation for Parcels 400118050-000000 from Tier III -A (SPA) to Tier
III (Exhibit 1).
Review of Amendment
The property currently has a Tier Overlay District designation of Tier III -A. It should be noted that
the parcel had been developed to the current footprint at the time of the adoption of the Tier Overlay
District map (2006). The property is currently developed with the Sugarloaf School and accessory
uses and structures. A vegetation survey/existing conditions report was not submitted with the
application and is not required for the current request as the requested amendment does not include
any native habitats.
Environmental Resources staff inspected the site on November 7, 2019 and confirmed the area
proposed for the map amendment consists entirely of developed land (ballfield). Adjacent
BOCC SR 2.19.20 Page 2 of 8
File No. 2019-167
P.6.a
I improvements include the Sugarloaf School, parking, and additional athletic fields to the south.
2 Natural habitat on the east and south side of the area proposed for the map amendment consist of a
3 mix of tropical hardwood hammock and freshwater wetland.
4
5
6
7 The area proposed for amendment has a Land Use District (Zoning) of Suburban Commercial (SC)
8 and a Future Land Use map (FLUM) designation of Education (E).
9
10 The 1986 Existing Conditions Map depicts the subject area as developed land.
11
a �
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4<.
■
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Land Use District Ma SC, NA, SR
FLUM E, RC, RL
BOCC SR 2.19.20
File No. 2019-167
Page 3 of 8
Packet Pg. 2157
P.6.a
I Monroe County 2030 Comprehensive Plan Policy 205.1.1 provides the criteria for the designation of Tier
2 III -A (Special Protection Areas):
3
4 Designated Tier III lands located outside of Big Pine Key and No Name Key with tropical
5 hardwood hammock or pinelands of one acre or greater in area shall be designated as Special
6 Protection Areas.
7 The subject parcel does not contain tropical hardwood hammock or pinelands and therefore does not meet
8 the criteria for Tier III -A. As required by Chapter 130-130(c)(2), lands that are not designated Tier I shall
9 be designated Tier III.
10 (c) Tier boundary criteria, excluding Big Pine Key and No Name Key. The tier boundaries are designated
11 using aerial photography, data from the Florida Keys Carrying Capacity Study, the endangered species
12 maps, property and permitting information and field evaluation. The following criteria, at a minimum,
13 are used to evaluate upland habitats and designate boundaries between different tier overlays:
14 3. Lands located outside of Big Pine Key and No Name Key that are not designated tier I shall
15 be designated tier III.
16
17 (e) Tier overlay district map amendments. The tier overlay district map may be amended to reflect existing
18 conditions in an area if warranted because of drafting or data errors or regrowth of hammock.
19 However, the clearing of tropical hardwood hammock or pinelands that results in the reduction of the
20 area of an upland native habitat patch to less than the one -acre minimum shall not constitute sufficient
21 grounds for amending the designation of a tier III -A area to tier III. The tier overlay district map
22 amendments shall be made pursuant to the procedures for map amendments to this chapter. Unlawful
23 conditions shall not be recognized when determining existing conditions and regulatory requirements.
24 Based on the above, staff finds that the appropriate Tier Overlay District designation for the subject parcel
25 should be amended to Tier III.
W
27
BOCC SR 2.19.20 Page 4 of 8
File No. 2019-167
Packet Pg. 2158
I Consistency of the proposed amendment with the provisions and intent of the Monroe County Land
2 Development Code:
3 Staff has determined that the proposed tier overlay district (zoning) map amendment is not inconsistent
4 with the provisions and intent of Section 130-130 of the Monroe County Land Development Code.
5
6 Sec. 130-130. — Tier Overlay District
7 (a) Purpose. The purpose of the tier overlay district is to designate geographical areas outside of
8 the mainland of the county, excluding the Ocean Reef planned development, into tiers to assign
9 ROGO and NROGO points, determine the amount of clearing of upland native vegetation that may
10 be permitted, and prioritize lands for public acquisition. The tier boundaries are to be depicted on
11 the tier overlay district map. Lands on Big Pine Key and No Name Key shall be delineated as tier
12 I, II, or III. Lands in the remainder of the unincorporated county, excluding the Ocean Reef planned
13 development, shall be delineated as tier I, III, and III -A (special protection area).
14
15 (b) Tier boundaries. Tier boundaries shall follow property lines wherever possible, except where
16 a parcel line or distinct geographical feature, such as a canal or roadway, may be more appropriate.
17
18 (c) Tier boundary criteria, excluding Big Pine Key and No Name Key. The tier boundaries are
19 designated using aerial photography, data from the Florida Keys Carrying Capacity Study, the
20 endangered species maps, property and permitting information and field evaluation. The following
21 criteria, at a minimum, are used to evaluate upland habitats and designate boundaries between
22 different tier overlays:
23
24 4. Tier I boundaries shall be delineated to include one or more of the following criteria
25 and shall be designated tier L
26 a. Vacant lands which can be restored to connect upland native habitat patches and
27 reduce further fragmentation of upland native habitat.
28 b. Lands required to provide an undeveloped buffer, up to 500 feet in depth, if indicated
29 as appropriate by special species studies, between natural areas and development to
30 reduce secondary impacts. Canals or roadways, depending on width, may form a
31 boundary that removes the need for the buffer or reduces its depth.
32 c. Lands designated for acquisition by public agencies for conservation and natural
33 resource protection.
34 d. Known locations of threatened and endangered species, as defined in section 101-1,
35 identified on the threatened and endangered plant and animal maps or the Florida Keys
36 Carrying Capacity Study maps, or identified in on -site surveys.
37 e. Conservation, native area, sparsely settled, and offshore island land use districts.
38 f. Areas with minimal existing development and infrastructure.
39 5. Lands located outside of Big Pine Key and No Name Key that are not designated tier I
40 shall be designated tier III.
41 a. The following conditions shall constitute a break in pinelands or tropical hardwood
42 hammock for calculating the one -acre minimum patch size for designation of tier
43 III -A boundaries:
BOCC SR 2.19.20 Page 5 of 8
File No. 2019-167
1 1. U.S. Highway 1, canals and open water;
2 2. Any disturbed pinelands or tropical hardwood hammock with invasive
3 coverage of 40 percent or more;
4 3. Property lines of developed lots or vacant lots with a ROGO allocation
5 award or an issued building permit, as of September 28, 2005, located
6 within a Land Use District that allows only one unit per lot; or
7 4. Property lines of developed parcels of less than 10,000 square feet in area
8 with a ROGO/NROGO allocation award or issued building permit, as of
9 September 28, 2005, located within a Land Use District that allows
0 residential development of more than one dwelling unit per parcel/lot or
1 non-residential development.
The proposed amendment is consistent with the Lower Keys Livable Communikeys Plan.
Specifically, it furthers:
Objective 1.1
Monroe County shall continue to manage the rate of residential and non-residential growth in the
Lower Keys to maintain adequate levels of service and ensure a balance of land use to serve the
existing and future population. Use of the Tier System as the primary means to conserve natural
areas, focus state and county acquisition programs, manage growth in transition areas, and guide
development to areas most appropriate for new infill development and redevelopment.
Consistency of the proposed amendment with the Principles for Guiding Development in the Florida
Keys Area of Critical State Concern pursuant to F.S. Chapter 380.0552(7).
For the purposes of reviewing consistency of the Land Development Code or any amendments to the
Code with the principles for guiding development and any amendments to the principles, the principles
shall be construed as a whole and no specific provision shall be construed or applied in isolation from
the other provisions.
31 (a) To strengthen local government capabilities for managing land use and development so that
32 local government is able to achieve these objectives without the continuation of the area of critical
33 state concern designation.
34 (b) To protect shoreline and marine resources, including mangroves, coral reef formations,
35 seagrass beds, wetlands, fish and wildlife, and their habitat.
36 (c) To protect upland resources, tropical biological communities, freshwater wetlands, native
37 tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches,
38 wildlife, and their habitat.
39 (d) To ensure the maximum well-being of the Florida Keys and its citizens through sound
40 economic development.
41 (e) To limit the adverse impacts of development on the quality of water throughout the Florida
42 Keys.
43 (f) To enhance natural scenic resources, promote the aesthetic benefits of the natural environment,
44 and ensure that development is compatible with the unique historic character of the Florida Keys.
BOCC SR 2.19.20 Page 6 of 8
File No. 2019-167
I (g) To protect the historical heritage of the Florida Keys.
2 (h) To protect the value, efficiency, cost-effectiveness, and amortized life of existing and proposed
3 major public investments, including:
4 1. The Florida Keys Aqueduct and water supply facilities;
5 2. Sewage collection and disposal facilities;
6 3. Solid waste collection and disposal facilities;
7 4. Key West Naval Air Station and other military facilities;
8 5. Transportation facilities;
9 6. Federal parks, wildlife refuges, and marine sanctuaries;
10 7. State parks, recreation facilities, aquatic preserves, and other publicly owned properties;
11 8. City electric service and the Florida Keys Electric Co-op; and
12 9. Other utilities, as appropriate.
13 (i) To limit the adverse impacts of public investments on the environmental resources of the Florida
14 Keys.
15 0) To make available adequate affordable housing for all sectors of the population of the Florida
16 Keys.
17 (k) To provide adequate alternatives for the protection of public safety and welfare in the event of
18 a natural or manmade disaster and for a post disaster reconstruction plan.
19 (1) To protect the public health, safety, and welfare of the citizens of the Florida Keys and maintain
20 the Florida Keys as a unique Florida resource.
Staff finds the proposed amendment consistent with the Principles for Guiding Development as
a whole and is not inconsistent with any one principle.
In accordance with MCC M2-158(d)(5)., the BOCC may consider the adoption of an ordinance
enacting the proposed change based on one 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,
NA
2. Changed assumptions (e.g., regarding demographic trends);
NA
3. Data errors, including errors in mapping, vegetative types and natural features described in
Volume I of the Year 2010 Comprehensive Plan;
NA
4. New issues;
NA
5. Recognition of a need for additional detail or comprehensiveness; or
NA
BOCC SR 2.19.20 Page 7 of 8
File No. 2019-167
6. Data updates;
The physical characteristics of the property are not consistent with the Tier III -A criteria
contained in Section 130-130 of the Land Development Code and Policy 205.1.1 of the
Comprehensive Plan.
7. Impact on Community Character:
The Tier Overlay District designation is utilized to implement and score ROGO applications,
to steer growth and to establish clearing limits. In addition, Section 139-1(6)e restricts
Affordable and Employee housing to parcels of land located within a tier III designated area
or, within a tier III -A (special protection area) designated area that does not propose the
clearing of any portion of an upland native habitat patch of one acre or greater in area. The
proposed map amendment will facilitate the development of workforce housing on the
subject parcel.
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.
BOCC SR 2.19.20 Page 8 of 8
File No. 2019-167
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7 ORDINANCE NO. 2020
8
9 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
10 COMMISSIONERS AMENDING THE MONROE COUNTY TIER OVERLAY
11 DISTRICT MAP FROM TIER 111-A (SPA) TO TIER 111, AS REQUESTED BY THE
12 MONROE COUNTY SCHOOL BOARD, FOR A PARCEL OF LAND LEGALLY
13 DESCRIBED AS PART OF LOT I AND PART OF LOT 2 SECTION 36,
14 TOWNSHIP 66S, RANGE 27E, SUGARLOAF KEY, CURRENTLY BEARING
15 PROPERTY IDENTIFICATION NUMBER 00118050-000000; PROVIDING FOR
16 SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
17 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND
18 PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR
19 AMENDMENT TO THE TIER OVERLAY DISTRICT MAP; PROVIDING FOR
20 AN EFFECTIVE DATE.
WHEREAS, the Monroe County Planning and Environmental Resources Department received an
application from Monroe County School Board (the "School Board") to amend the Tier Map
Overlay designation for property identified as currently bearing Property Identification Number
00118050-000000 (the "subject property") be amended from Tier 111-A (SPA) to Tier III; and
WHEREAS, the Monroe County Planning Commission considered the proposed amendment at a
duly noticed regularly scheduled meeting held on the 291h day of January, 2020; and
k 71 s S �177 T
made the following Findings of Fact and Conclusions, of Law:
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 necessar
y
adjustments in light of changed conditions; and
2. Pursuant to Monroe County Land Development Code § 102-158(d)(7)(b), the Monroe County
Board of County Commissioners may consider the adoption of an ordinance enacting th,%
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) Change�',
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)
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in Section 380.0552, Florida Statutes;
3. Staff has determined that the proposed Tier map amendment is consistent with Monroe County
Land Development Code § 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 State Concern.
WHEREAS, at a regular meeting held on the I 91h day of February, 2020, 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 comment and public participation in
accordance with the requirements of state law and the procedures adopted for public participation in the
E
planning process;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
6
0
Section 1. Recitals and Legj1lg1jyLjg1E!Lt. The foregoing recitals and statements of legislative
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intent are true and correct and are hereby incorporated as if -fully stated herein.
Section 2. The subject property currently bearing Property Identification Number 00118050-000000,
which is currently designated as Tier III -A, shall be designated Tier III as shown on the
attached map, attached as Exhibit "I", which is hereby incorporated by reference as if fully
stated herein.
Section 3. SeverabilLty. If any section, subsection, sentence, clause, item, change, or provision of this
0
ordinance is held invalid, the remainder of this ordinance shall not be affected by such
5
validity.
E
E
Section 4. Inconsistency, Partial 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 Sections 380.05(l 1) and 380.0552(9), Florida Statutes.
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Section 6. fifigg_224 _fffEg!jyE_PgLe. 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 an
Planning Agency and, if appealed, until the appeal is resolved pursuant to Chapter 120 of
the Florida Statutes.
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Mayor Heather C. Carruthers, District 3
Mayor Pro Tern Michelle Coldiron, District 2
Craig Cates, District 1
David P. Rice, District 4
Sylvia J. Murphy, District 5
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