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PC Minutes 03/26/2010 MINUTES OF THE TIER DESIGNATION REVIEW COMMITTEE Regular Meeting Tier Designation Review Committee Thursday, March 26, 2010 Key Largo,Florida A regular meeting of the Tier Designation Review Committee convened at 9:00 a.m., at the Upper Keys Murray E. Nelson Government Center. Present were Amy Phillips,Department of Environmental Protection; Randy Grau,Fish&Wildlife Conservation Commission;Winston Hobgood, U.S. Fish&Wildlife; Richard Grosso, Everglades Law Center; Julie Cheon, Florida Keys Aqueduct Authority; Tiffany Stankiewicz,Development Administrator,Planning and Environmental Resources; Susan Grimsley, Assistant County Attorney; Christine Hurley,Director, Growth Management Division;Michael Roberts, Senior Administrator,Environmental Resources;Phil Frank, Private Environmental Consultant; Brian Davison, GIS Planner, Growth Management; Rebecca Jetton,Department of Community Affairs; and Richard Shine,Legal Counsel, Department of Community Affairs. Christine Hurley informed the committee members the plan was to complete the 90 maps that are in ROGO. Amy Phillips suggested putting a time limit on each map of 15 minutes. MAP SERIES Map 12 Ms. Cheon recommended the parcel immediately adjacent to the larger tract in the jagged piece of green in the bottom right-hand corner be designated Tier 1. A vote was taken with the following results: Ms. Phillips -Yes Mr. Grau-Yes Mr. Hobgood-Yes Mr. Grosso-Yes Mr. Grau made a motion to designate the area of hammock immediately adjacent to U.S.1 as Tier 3. Ms.Phillips and Mr. Grosso agreed. Mr. Grosso recommended the remainder of the subdivision be designated a Tier 3. A vote was taken with the following results: Ms. Phillips -Yes Mr. Grau-Yes Mr. Hobgood-Yes Ms. Cheon-Yes Map 13 Michael Roberts asked for confirmation that the two ROGO lots were a Tier 3. Ms. Cheon and Mr. Grau agreed. MAP 15 In area 125C Ms. Cheon supported a Tier 1 designation for the first parcel closest to the bottom parcel. Ms.Phillips and Mr. Grosso agreed. Ms. Phillips then said the other two parcels should be designated as a Tier 3. Ms. Cheon,Mr. Hobgood and Mr. Grau agreed. In area 125A Mr. Grosso thought all the parcels in blue in the first row qualified for a Tier 1 designation. Mr. Grau,Ms. Phillips and Ms. Cheon agreed. The two lots to the south,Mr. Grau thought, should be kept as a Tier 1. A vote was taken with the following results: Ms. Phillips -Tier 3A Mr. Grau-Tier 1 Mr. Hobgood-Tier 1 Mr. Grosso -Tier 1 Ms. Cheon-Tier 3A Ms. Phillips thought the rest should be designated as Tier 3. A vote was taken with the following results: Mr. Grau-Yes Mr. Hobgood-Yes Mr. Grosso-Yes Ms. Cheon-Yes Map 17 The chunk of habitat behind the row of subdivision Mr. Grau moved to designate as Tier 3. Ms. Cheon and Ms. Phillips agreed. Mr. Grosso voted no. Mr. Hobgood thought the parcels across the road from the existing SPA in the bottom left corner met the definition of SPA. Ms. Cheon, Ms.Phillips and Mr. Grau agreed. The lot due north of the lot just designated, Ms. Cheon moved that the single parcel with the developed house on it remain a Tier 3. Ms. Phillips and Mr. Grau agreed. Mr.Hobgood then agreed. Mr. Roberts asked if the remainder of the subdivision should be designated as a Tier 3. Ms. Phillips,Ms. Cheon and Mr. Hobgood agreed it should. Ms. Cheon moved that the two parcels adjacent to the SPA be reclassified as SPA. Mr. Grosso supported that. Mr. Grau and Mr. Hobgood agreed. Ms. Phillips suggested the remainder be a Tier 3. Ms. Cheon,Mr. Grau&Mr. Hobgood agreed. J/ MAP 21 Mr. Grau moved that the lot that was connected be designated SPA, and the isolated parcel be designated a 3. Ms. Phillips and Ms. Cheon agreed. Ms.Phillips suggested the remainder of the subdivision in question be a 3, except what is in green. Ms. Cheon agreed. Mr. Roberts asked if the hammock immediately north of the area just discussed, if the committee wanted to include that entire parcel as SPA or Tier 3. Ms. Phillips and Mr. Grau thought SPA. Ms. Cheon suggested a Tier 3. Mr. Grau asked for a vote. A vote was taken with the following results: Ms.Phillips -SPA Mr. Grau- SPA Mr. Hobgood- SPA Mr. Grosso- SPA Ms. Cheon-Tier 3 A vote was taken on the remainder of the subdivision with the following results: Ms. Phillips -Tier 3 Mr. Grau-Tier 3 Ms. Cheon-Tier 3 Mr. Hobgood asked about the ROGO process. Ms. Stankiewicz explained that you can dedicate land, or you can purchase a point for$11,700, with a maximum two- point purchase. Mr. Hobgood told the board that just because a property is a little disturbed is not a reason to write a property off, that something is gained somewhere else, that it is not a static situation. MAP 23 At the top of the map, area 134C,Ms. Cheon recommended the highlighted mapped habitat hammock be designated as SPA. A vote was taken with the following results: Ms. Phillips -Agreed Mr. Grau-Agreed Mr. Hobgood-Agreed Mr. Grosso -Agreed The four parcels on 134D mapped as habitat,Ms. Phillips recommended they be designated SPA. A vote was taken with the following results: Mr. Grau-Agreed Mr. Hobgood-Agreed Mr. Grosso-Agreed Ms. Cheon-Agreed Ms. Phillips recommended the remainder of the subdivision be designated as a Tier 3. Ms. Cheon agreed. Going to the very south of the map, 135A, Mr. Grau thought this should be designated as Tier 3. Ms. Phillips thought it should be a Tier 1 from the house out to the ocean, and the remaineder of it Tier 3. Mr. Grosso and Mr. Hobgood supported that. Then Mr. Richard Shine pointed out the committee was to map uplands, not wetland. Mr. Grosso reluctantly agreed with Mr. Shine. A vote was taken on the wetland area being designated a Tier 3 with the following results: Ms.Phillips -Agreed Mr. Grau-Agreed Mr. Hobgood-Agreed Mr. Grosso-Agreed Ms. Cheon-Agreed The two remaining undesignated parcels Ms. Cheon moved to be designated as Tier 3. A vote was taken with the following results: Ms. Phillips -Agreed Mr. Grau-Agreed Mr. Hobgood-Agreed Mr. Grosso-Agreed MAP 30 In area 144/145, the connecting parcels in the middle, including the lot with the large house and the lot next to that,Mr. Grau thought all should be SPA. Ms. Phillips agreed. Mr. Grosso and Ms. Cheon also supported a SPA. The lots to the right and left of the previous recommendation,Mr. Grosso felt those two areas merit at least a SPA. Ms. Phillips and Mr. Grau agreed. Ms. Cheon voted to eliminate the lot with two houses on it from SPA. A vote was taken with the following results: Ms. Phillips -Agreed Mr. Grau-Agreed Mr. Hobgood-Agreed Mr. Grosso-Agreed Ms. Cheon-Agreed The additional habitat areas east of the previous recommendation Mr. Grosso recommended treating as a SPA. A vote was taken with the following results: Ms.Phillips -Agreed Mr. Grau-Agreed Mr. Hobgood-Agreed Ms. Cheon-Agreed On the edge, the finger-shaped section of habitat, Mr. Grosso moved the green block within 42/45, including the parcel on the screen,be Tier 1. Mr. Hobgood agreed. Ms. Phillips also recommended Tier 1. Mr. Grau and Ms. Cheon agreed. The remaining habitat polygon in the extreme southwest corner Mr. Grosso thought should be a Tier 1. A vote was taken with the following results: Ms. Phillips -Agreed Mr. Grau-Agreed Mr. Hobgood-Agreed Ms. Cheon-Agreed I Mr. Roman Gastesi came in and thanked the committee members for their important work. Mr. Grosso and Mr. Grau both complimented the planning staff and all staff involved in the process. MAP 30(CONT.) The row of eight lots immediately to the east of the previously designated parcels, Ms. Cheon made a motion they remain a Tier 1. A vote was taken with the following results: Ms. Phillips -Agreed Mr. Grau-Agreed Mr. Hobgood-Agreed Mr. Grosso -Agreed Mr. Grosso said he didn't see a reason to change the three additional parcels to the south of the prior designation from Tier 1. Mr. Hobgood agreed. Mr. Grau agreed. Ms. Cheon wanted to discuss them separately. The two buttonwood parcels, one adjacent to the hammock and the one below, not adjacent to,Mr. Grosso thought should be designated Tier 1. To move things along,Mr. Grosso moved that the remainder of the lots shown in blue be denied a change. A vote was taken with the following results: Ms. Phillips -Agreed Mr. Grau-Agreed Mr. Hobgood-Agreed The lot adjacent to U.S.1 on the east side of the larger polygon, the one in the purple patch,Ms. Phillips recommended be designated a Tier 3. A vote was taken with the following results: Mr. Grau-Agreed Mr. Hobgood-Agreed Mr. Grosso -Agreed Ms. Cheon-Agreed Mr. Grau clarified that on the 144 and 145, the remaining parcels not previously designated are Tier 3. Ms. Phillips and Mr. Hobgood agreed. In area 145E,Mr. Grosso felt it should be SPA for all green in the southern part, except the farthest southeast lot with the blue dot. Ms. Cheon proposed the two parcels on U.S.1 with minimal hammock be removed from SPA. Ms. Phillips agreed. Then Mr. Grau agreed. Then Ms. Cheon proposed eliminating the houses in the strip of individual lots and the larger lots that are just open fields. Ms. Phillips and Mr. Grau agreed. Mr. Grosso and Mr. Hobgood also supported a SPA. Ms. Phillips recommended that the two parcels that have U.S.1 frontage, and the long lot as well, should be SPA. A vote was taken with the following results: Mr. Grau-Agreed Mr. Hobgood-Agreed Mr. Grosso -Agreed Ms. Cheon-Agreed Ms. Phillips recommended the remaining parcels of 145E be Tier 1. A vote was taken with the following results: Mr. Grau-Agreed Mr. Hobgood-Agreed Mr. Grosso-Agreed Ms. Cheon-Agreed Ms. Cheon suggested keeping 145D as a Tier 3. Mr. Grosso and Ms.Phillips agreed. Mr. Hobgood thought 145C should be Tier 1. A vote was taken with the following results: Ms.Phillips -Agreed Mr. Grau-Agreed Mr. Grosso -Agreed Ms. Cheon-Agreed MAP 31 Ms. Cheon moved that area 145B stay a Tier 3 for the reasons given previously regarding wetlands. Mr. Grau agreed. Mr. Hobgood said he thought all the hammock area in 145A should be Tier 1. Ms. Cheon felt the bottom of the triangle should be a 3A,but the corner parcel a Tier 3. Ms. Phillips agreed with Ms. Cheon. Mr. Grosso asked if landowners could come in and say what they thought was on their parcel. Ms. Hurley said the County is starting to get calls from landowners, and she thought the process should evolve a little bit. Mr. Grosso moved the entire area should be designated a SPA. A vote was taken with the following results: Ms. Phillips -SPA, excluding the lot on U.S.1, which should be a Tier 3 Mr. Grau- SPA Mr. Hobgood- SPA Ms. Cheon- SPA, excluding the lot on U.S.1, which should be a Tier 3 Regarding the hammock patches north of the previous recommendation, Mr. Grosso recommended a designation of SPA. A vote was taken with the following results: Ms. Phillips -Agreed Mr. Grau-Agreed Mr. Hobgood-Agreed Ms. Cheon-Agreed Mr. Grosso suggested the remainder of the subdivision be designated Tier 3. Ms. Phillips and Mr. Grau agreed. Going back to 145B, Ms. Phillips made a recommendation for a Tier 1 designation. Mr. Grau said he thought they had to reluctantly call it a Tier 3 because of the final order. Mr. Grau asked a change be made in the comprehensive plan that any one hundred percent open space designated habitat be Tier 1. Ms.Phillips agreed. MAP 35 On area 147B, Ms. Cheon moved for a designation of Tier 3 based on all of the wetland discussion had previously. Mr. Grosso thought it should be a Tier 1. Ms. Phillips and Mr. Hobgood agreed with Mr. Grosso. Mr. Grau agreed with Ms. Cheon. Ms. Phillips thought all parcels in area 147C that were highlighted, except for the one to the left,be SPA. Ms. Cheon, Mr. Hobgood and Mr. Grau agreed. Ms.Phillips then recommended the remainder be designated Tier 3. Ms. Cheon,Mr. Hobgood and Mr. Grau again agreed. In area 147C Mr. Grosso recommended some of that be retained as Tier 1. Ms. Cheon recommended a 3A designation. Mr. Hobgood thought a Tier 1 as well. Mr. Grosso said he thought it appropriate to recommend area 147A,inside the polygon,be a Tier 1 or SPA, but the extent would be based on further analysis by staff. Mr. Grau seconded that, and asked it be added onto the next agenda. The committee agreed. Looking at the far east,two lots with applications for redesignations,Ms. Cheon recommended those parcels remain a Tier 1. A vote was taken with the following results: Ms. Phillips -Agreed Mr. Grau-Agreed Mr. Hobgood-Agreed Mr. Grosso-Agreed Looking at the two ROGO parcels immediately adjacent to the baseball field,Mr. Hobgood recommended the lot with the house on it be a SPA, and the vacant lot be a Tier 3. Ms. Cheon recommended they both remain Tier 3. Mr. Hobgood then agreed both should be Tier 3. Mr. Grau agreed. Ms. Phillips recommended the bottom two lots be designated as a Tier 3. Mr. Grosso,Mr. Grau and Ms. Cheon agreed. A luncheon recess was held. Mr. Roberts informed the committee members a staff biologist was going out to Harry Harris to look at the canopy areas not mapped as hammock. MAP 39 Mr. Roberts stated staff's recommendation was that those areas mapped as hammock be SPA or Tier 1, and Tier 3 for everything else. Mr. Hobgood said he thought the hammock should be Tier 1. Mr. Grosso agreed. Ms. Cheon thought the areas considered habitat should be designated SPA. A vote was taken for the green area on the map with the following results: Ms.Phillips -Tier 3A Mr. Grau-Tier 1 Mr. Hobgood-Tier 1 Mr. Grosso -Tier 1 Ms. Cheon-Tier 3A Then a vote was taken that the three ROGO lots be designated Tier 3 with the following results: Ms. Phillips -Yes Mr. Grau- Yes Mr. Hobgood- Yes Mr. Grosso-Yes Ms. Cheon-Yes Mr. Roberts asked what the rest of the subdivision should be designated. A vote was taken with the following results: Ms. Phillips -Tier 3 Mr. Grau-Tier 3 Mr. Grosso -Tier 3 Ms. Cheon-Tier 3 Mr. Grosso wanted to discuss whether the area to the south of the hammock area previously designated should be changed from SPA to Tier 1. Mr. Roberts wanted to table the evaluation until the ROGO analysis was complete. Ms. Cheon wanted to be able to go out and see it. A vote was taken with the following results: Ms. Phillips -Deferred Mr. Grau-Tier 1 Mr. Hobgood-Tier 1 Mr. Grosso -Tier 1 Ms. Cheon-Deferred Mr. Shine encouraged the committee members to keep the recommendations within the polygons. Mr. Grau made a motion to withdraw the vote and table it. Ms. Phillips seconded it. Ms. Cheon agreed. Mr. Grosso and Mr. Hobgood voted no. MAP 50 Ms. Jetton wanted to be sure the committee members understood this area did not have complete infrastructure and doesn't qualify for Tier 3. Mr. Grau made a motion to leave it as Tier 1. A vote was taken with the following results: Ms. Phillips -Agreed Mr. Hobgood-Agreed Mr. Grosso-Agreed Ms. Cheon-Agreed MAP 57 Ms. Cheon stated she wanted to do a site visit of the parcels on this map. Mr. Grau made a motion to defer this map to the next meeting. Mr. Grosso agreed, with the understanding no more permits would be approved during that time. Ms. Phillips agreed with the deferral. MAP 62 Regarding area 413A,Mr. Roberts said the entire area had previously been 1 designated a Tier 3,but the ELC had requested a change to SPA. He then said staff's recommendation would be a Tier 3. A vote was taken with the following results: Ms. Phillips -Tier 3 Mr. Grau-Tier 3 Mr. Hobgood-Tier 3 Mr. Grosso-Tier 3 Ms. Cheon-Tier 3 MAP 69 Mr. Roberts stated area 441A was originally mapped as Tier 3,but the ELC requested a change to Tier 1. A vote was taken regarding the parcels between the canal and the road with the following results: Ms.Phillips -Tier 1 Mr. Grau-Tier 1 Mr. Hobgood-Tier 1 Mr. Grosso-Tier 1 Ms. Cheon-Tier 3 A vote was then taken on the lots to the right of the previous recommendation with the following results: Ms. Phillips -Tier 3 Mr. Grau-Tier 3 Mr. Grosso-Tier 3 Ms. Cheon-Tier 3 In area 441B, the lot with the house,Ms. Phillips recommended a designation of a Tier 3. A vote was taken with the following results: Ms. Phillips -Tier 3 Mr. Grau-Tier 3 Ms. Cheon-Tier 3 MAP 70 Mr. Roberts said area 450B was originally designated a Tier 3,but ECL was requesting a SPA. Ms. Phillips recommended a Tier 3 designation. Mr. Grau,Ms. Cheon and Mr. Hobgood agreed. Looking at the polygon to the right, Mr. Grau made a motion for a Tier 1 designation, area 450-457. A vote was taken with the following results: Ms.Phillips -Agreed Mr. Grau-Agreed Mr. Hobgood-Agreed Mr. Grosso -Agreed Looking at 450D, Ms. Phillips recommended a Tier 1 designation. A vote was taken with the following results: Mr. Grau-Agreed Mr. Hobgood-Agreed Mr. Grosso -Agreed Ms. Cheon-Disagreed Looking at 450A, a vote was taken on its designation with the following results: Ms. Phillips -Tier 3 Mr. Grau-Tier 3 Mr. Hobgood-Tier 3 Ms. Cheon-Tier 3 Ms. Cheon announced she wanted to change her vote on area 450D to a Tier 1. On area 457A, the two ROGO lots,Ms. Cheon wanted to recuse herself because she knew the property owner. Ms. Grimsley asked if she had a financial interest in the property or if she had been hired as a consultant. Ms. Cheon answered no. Ms. Grimsley informed Ms. Cheon only if it affects her financial interest should she not vote. A vote was taken on the designation of 457A with the following results: Ms.Phillips -Tier 1 Mr. Grau-Tier 1 Mr. Hobgood- Tier 1 Mr. Grosso -Tier 1 MAP 72 Mr. Roberts said this was originally mapped as Tier 3, but ELC has requested a change to SPA. Mr. Grosso referred the committee members to the map he handed out. Mr. Hobgood recommended a Tier 3 designation for the entire subdivision in 467A. A vote was taken with the following results: Ms. Phillips -Agreed Mr. Grau-Agreed Mr. Grosso -Disagreed Ms. Cheon-Agreed The three lots on the bottom of 467A, a vote was taken for them to remain a Tier 1 with the following results: Ms. Phillips -Yes Mr. Grau-Yes Ms. Cheon-Yes Going further to the left of the prior recommendation, a vote was taken for that to remain Tier 1 with the following results: Ms. Phillips -Yes Mr. Grau-Yes Mr. Grosso - Yes Ms. Cheon-Yes The blue parcel on the far right-hand side, Mr. Roberts said the current designation was a Tier 1. A vote was taken for the new designation with the following results: Ms.Phillips -Tier 1 Mr. Grau-Tier 1 Mr. Grosso-Tier 1 Ms. Cheon-Tier 3 MAP 74 Mr. Roberts informed the committee members this was originally designated as a Tier 1. Ms.Phillips recommended the designation remain a Tier 1. A vote was taken with the following results: Mr. Grau-Agreed Mr. Hobgood-Agreed Mr. Grosso-Agreed Ms. Cheon-Agreed MAP 76 Mr. Roberts said the ROGO lot in area 482 was previously mapped as Tier 3, and the ELC had requested a change to Tier 1. A vote was taken with the following results: Ms. Phillips -Tier 3 Mr. Grau-Tier 3 Mr. Hobgood-Tier 3 Mr. Grosso-Disagreed Ms. Cheon-Tier 3 Mr. Roberts said the additional subdivision on the map with application for redesignation was currently mapped Tier 1. A vote was taken for a new designation with the following results: Ms.Phillips -Tier 1 Mr. Grau-Tier 1 Mr. Hobgood-Tier 1 Mr. Grosso -Tier 1 Ms. Cheon-Tier 1 MAP 35 (Cont.) Mr. Roberts directed the committee back to Map 35. In area 147A, the area not mapped as hammock,the biologist came back to him with a description of hammock. A vote was taken on those four parcels in green, including the parcel up in the right corner, with the following results: Ms.Phillips -Tier 3A Mr. Grau-Tier 1 Mr. Hobgood-Tier 1 Mr. Grosso-Tier 1 Ms. Cheon-Tier 3A Ms.Phillips recommended the rest of the parcels in the subdivision be listed as i 1 Tier 3. Ms. Cheon and Mr. Grau agreed. On the six other lots that have applied for redesignation and are currently mapped as Tier 1, a vote was taken with the following results: Ms. Phillips -Tier 1 Mr. Grau-Tier 1 Mr. Hobgood-Tier 1 Mr. Grosso-Tier 1 Ms. Cheon-Tier 1 Due west of the prior recommendation, three more parcels,Ms. Cheon recommended they be designated as Tier 1. A vote was taken with the following results: Ms. Phillips -Agreed Mr. Grau-Agreed Mr. Hobgood-Agreed Mr. Grosso-Agreed The seven parcels further to the west, a vote was taken as to their designation with the following results: Ms. Phillips -Tier 1 Mr. Grau-Tier 1 Mr. Hobgood-Tier 1 Mr. Grosso-Tier 1 Ms. Cheon-Tier 1 Mr. Roberts wanted to focus on the one lot with a house on it currently designated as Tier 3. Mr. Roberts said Mr. Hobgood recommended leaving it a Tier 3. Ms.Phillips and Mr. Grau agreed to leave it a Tier 3. Mr. Roberts asked for clarification on the fuchsia-colored lots. A vote was taken with the following results: Mr. Hobgood-Tier 1 Mr. Grosso -Tier 1 Ms. Cheon-Tier 1, except for the mangrove lot Mr. Grosso said he was willing to take that one lot out. A vote was taken with the following results: Ms.Phillips -Agreed Mr. Grau-Agreed Mr. Hobgood-Agreed Ms. Cheon-Agreed Mr. Grosso moved to redesignate the SPA parcels on that sheet to Tier 1 for consistency's sake. Ms. Cheon wanted to defer that to the end of the process. Mr. Grau agreed. Mr. Roberts said Map 57 needed to be reviewed later because of lack of current physical information. Ms. Hurley summarized which maps had been completed in this two-day meeting as follows: Map 5,Map 7,Map 8,Map 9,Map 10, Map 11,Map 12,Map 13,Map 15, Map 17,Map 21,Map 23, Map 30,Map 31,Map 35,Map 39,Map 59,Map 62, Map 69, Map 70,Map 72,Map 74 and Map 76. She said Map 57 would be the first map addressed at the next meeting. Mr. Grosso wanted to be sure a list was made of those areas that he deemed important,but were not within the polygon up for determination. Mr. Roberts extended his thanks to the committee for their efforts. He invited the committee members to contact him with any concerns they may have. Mr. Grosso brought up Mr. Killer's list of 45 areas of concern. Ms. Hurley said it would be submitted into the record,but she wasn't sure how as of now. The meeting was adjourned at 4:37 p.m. Jennifer Belz