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PC Minutes 03/25/2010 MINUTES OF THE TIER DESIGNATION REVIEW COMMITTEE Regular Meeting Tier Designation Review Committee Thursday,March 25, 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;Richard Shine,Legal Counsel, Department of Community Affairs; Bob Shillinger,Assistant County Attorney; and Curtis Kruer, Consulting Biologist, attended by telephone. EXPLANATION OF PROCEEDINGS Christine Hurley explained that Tiffany Stankiewicz would be making maps during the proceedings showing what the committee agreed to recommend, and then Brian Davison would put those into the GIS system and post them on the website for the public to view. The recommendations would then go through the Development Review Committee, then at a public hearing before the Planning Commission, and finally the Board of County Commissioners. The public would be able to speak and present evidence at each public hearing. Ms. Hurley said any information provided to Growth Management by homeowners might be reviewed at the next meeting. Ms. Hurley said the committee would review the maps in the order of what parcels are most urgent to get a decision on. The highest priority are the first 90 parcels, which are currently in the Rate of Growth Ordinance, ROGO, system,but are undesignated as a result of the administrative law judge's final order. The next group of 147 parcels are parcels that were in a Board of County Commission's resolution where application has been made for a tier change or some other administrative action. The third group consists of 214 parcels not in the resolution,but a request for a change has been made for them. Michael Roberts explained the first page of a map series consists of a map of previous conditions, the original tier designation, in the upper left-hand corner. The map in the upper right-hand corner labeled Kruer 2006 Recommendation are the recommendations of Last Stand of what the tier should be. The two smaller maps in the lower left-hand corner are a zoning map and future land use map. The second page has a map of the land cover hammock on the left and the U.S. Fish and Wildlife Service's 2009 Endangered Species map on the right. The third page is a larger scale map with the overlays turned off. Mr. Roberts reiterated the fact that parcel-specific information related to existing permits or existing allocations will be brought forward to the committee as it becomes available. Ms. Hurley added the blue dots on the maps denote where there might have been a permit already issued. Mr. Roberts said the 90 parcels with a higher priority are outlined in black with a black cross hatch. He then explained the last map in the series is the "mark-up"map showing those parcels that as a result of the challenge have been undesignated. Richard Grosso asked what the green shading was on the Fish&Wildlife maps. Mr. Roberts answered the green shading shows areas that provide threatened and endangered species habitat, and the black numbers within those polygons reflect the number of federally listed species that would be suitably supported by that habitat. Mr. Grosso asked what was the relationship between the land cover-hammock map to the 2009 land cover-habitat maps. Mr. Roberts explained the green shaded areas on the land cover-hammock map are hammock cover types. The land cover-habitat maps shows all of the mapped habitats. Mr. Grosso asked for clarification regarding labeling of exotic versus hammock. Mr. Roberts told him only if the photo interpreter knew it was an exotic species would it be labeled exotic,because the habitat cover maps were prepared at a much larger scale than what the committee was furnished. Ms. Hurley said if property owners have field surveys of their property and they are verified by a County biologist, that will be brought forward to the committee. Rebecca Jetton told Mr. Grosso that she requested the county to submit any new permits for exotic removal to the Department of Community Affairs before the clearing occurs, since exotics can potentially be deemed a break in connectivity. Mr. Gross voiced his concern of a homeowner intentionally creating a break by planting exotics on their property, and he wants the committee to discuss the wisdom of the overemphasis put on the 40 percent criteria. Richard Shine said the 40 percent criteria is currently in the LDR, and recommended against changing or doing something contrary to an existing LDR. Ms. Hurley told the committee they could recommend a criteria change to be brought before the boards in the future, but that the committee needs to make a decision based on what the criteria is at present. COMMITTEE LIST Ms. Hurley informed the committee of Harry DeLashmutt's resignation, and that a new committee list was provided. ELECTION OF CHAIRPERSON Julie Cheon nominated Randy Grau to be chairperson. Mr. Grau wanted to know what the special duties would be. He was assured the duties involved would take place at the meetings,running the meetings, and an extra hour or two outside of the meetings coordinating with staff. Mr. Grau nominated Ms. Cheon. Mr. Grau and Mr. Hobgood voted for Ms. Cheon. Ms. Cheon,Mr. Grosso and Ms. Phillips voted for Mr. Grau. { QUESTIONS BY COMMITTEE Winston Hobgood sought clarification regarding size criteria. Mr. Roberts informed him the four-acre limitation no longer existed, and the one-acre limitation remains concerning Special Protection Areas, SPAs. Ms. Hurley thought it important to review the connectivity criteria regarding the one-acre limitation. Mr. Roberts went over the map examples in the Application of Tier Category Maps section. Mr. Grosso once again voiced his concern about the 40 percent exotic criteria breaking up a contiguous patch of hammock. Mr. Roberts said guidance comes from the comprehensive plan and the land development code. Mr. Shine suggested to Mr. Grosso, if he felt it necessary, to make two recommendations: One based on the existing code, and one based on what he would like to see the LDR to include. Mr. Grau asked if the committee could delay making a recommendation until members saw for themselves if the criteria, when applied, made sense to that particular area. Mr. Roberts said yes. INDEX OF TIER MAPS Christine Hurley once again explained the committee is to start with the first 90 parcels of highest priority. Amy Phillips asked if the committee could designate the different parcels on one map different designations. Ms. Hurley answered yes. Mr. Grosso handed out maps prepared by his group showing areas of importance in their view. MAP SERIES Motion was made by Randy Grau that the committee acknowledge that under the ordinance any parcel that's within the Florida Forever acquisition boundary is either Tier 1 or Tier 3A by Randy Grau and seconded by Ms. Phillips. Map 5 Motion was made to designate area 106D as Tier 3 by Mr. Grosso and seconded by Ms. Cheon. After discussion regarding parcels that had a building permit,Mr. Grosso suggested the committee make recommendations based on the science and other planning factors, and in the future consider the building permit issues associated with parcels. Ms. Hurley agreed. Motion was made to designate area 106B as follows by Mr. Grosso: The entirety of the polygon in green on the hammock and species maps as Tier 1, the triangular parcel adjacent to the commercial sites on U.S.1 would be SPA, and the areas on the resource map shown in clear as Tier 3. A vote was taken with the following results: Ms. Phillips -Yes Mr. Grau-Yes Mr. Hobgood-Yes Mr. Grosso-Yes Ms. Cheon-No Motion was made to designate area 106A as follows: The area just down the road from 106B, green on all the resource maps, 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 3A Motion was made to designate the area of a block of four lots directly adjacent to the parcel voted on prior, designated green on the resource maps for hammock and species habitat, 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 = Discussion was had regarding whether the committee should consider the lots in the entire map, or just those lots that are tierless. Mr. Grosso suggested the maps be looked at in whole. It was agreed to consider just the polygons for now,but denote those areas on maps that a committee member feels should be looked at in the future. Motion was made that the one lot in area 106C be designated Tier 3A. A vote was taken with the following results: Ms. Phillips -Tier 3A Mr. Grau-Tier 3A Mr. Hob good-Tier 3A Mr. Grosso-Tier 3A, with the connected hammock areas considered in the future. Motion was made that every other lot on the row of four lots previously designated Tier 1 be designated Tier 3 by Mr. Grosso and seconded by Ms. Cheon. Motion was made that the two rows of lots just south of the lots designated in the previous motion be designated Tier 3 by Mr. Grosso and seconded by Ms. Phillips. Ms. Cheon agreed. Contiguous with the Tier 3 area designated,moving south, the lots adjacent to the existing SPA to the left, counting over three lots,motion was made to designate those Tier 3 by Mr. Grosso and seconded by Ms. Phillips. Moving south again,following the contour to 106C, motion was made to designate that one developed lot as Tier 3. Ms. Phillips agreed. Mr. Grosso pointed out that he wants the four lots up top between the Tier 3 and the SPA included in the SPA, as well as the lot to the left of what was just designated as Tier 3 also considered for SPA in the future. Motion was made that everything north of the two rows of lots at the very bottom of the map, and everything else within 106C be designated as Tier 3 by Mr. Grosso and seconded by Ms.Phillips. Ms. Cheon and Mr. Hobgood agreed. Motion was made that the bottom two rows of lots on 106C be designated Tier 1 or SPA by Mr. Grosso. A vote was taken with the following results: Ms. Phillips -SPA Mr. Grau-SPA Mr. Grosso- SPA Mr. Grosso requested the area between the jutting 106C line and U.S.1 be put on the list to consider bumping it up to a Tier 1 at a future date. Map 7 Starting from the north, the Florida Forever turquoise lot was voted on with results as follows: Ms. Phillips -Tier 1 Mr. Grau-Tier 1 Mr. Hob good -Tier 1 Mr. Grosso-Tier 1 Ms. Cheon-Tier 1 Motion was made to designate everything within the Florida Forever boundary as Tier 1 by Mr. Grau. A vote was taken with the following results: Ms. Phillips -Yes Mr. Grosso -Yes Mr. Hobgood-Yes Motion was made by Mr. Grau to designate everything else on the top row Tier 3. Mr. Grosso agreed. Moving south to the large hammock with six vacant lots, motion was made to designate the blue hatched areas as Tier 1 by Mr. Grau. Ms. Phillips and Mr. Grosso agreed. Motion was made by Mr. Grosso to designate everything else in 112A as Tier 3, but that this should be considered in the future with the recommendation to DCA to modify the comprehensive plan regarding the one-acre limitation. A vote was taken with the following results: Ms. Phillips -Yes Mr. Grau-Yes Mr. Grosso - Yes Ms. Cheon-Yes Motion was made by Mr. Grosso to designate area 112B as Tier 3,but again requested it be SPA if the comprehensive plan is changed. A vote was taken with the following results: Ms.Phillips -Yes. Mr. Grau-Yes Mr. Grosso-Yes Motion was made by Mr. Grosso that the top green areas of 112C be designated as Tier 3A, with the area below that remaining Tier 3. Ms. Phillips and Mr. Grau agreed. Mr. Grau made the motion the northern strip highlighted in blue,the lot to the right of the three developed lots be designated Tier 1, the lot in Florida Forever be designate Tier 1, and the remainder be designated Tier 3, with the clarification if the lot on the far right is vacant habitat land, it would be a Tier 1, but if there was a mapping error and it is the house,it would be a Tier 3. Ms.Phillips and Mr. Hobgood agreed. Mr. Grau made a motion regarding the other two lots to the west of the prior recommendation that the undeveloped hammock on the east lot be designated Tier 1. A vote was taken with the following results: Ms.Phillips -Yes Mr. Hob good-Yes Mr. Grosso-Yes Ms. Cheon-Yes Map8 A motion was made by Mr. Grosso to designate area 113C as Tier 1. Ms.Phillips, Mr. Grau and Ms. Cheon all agreed. A motion was made by Ms.Phillips that the five lots at the bottom of area 113B be designated as Tier 1. Mr. Hobgood and Mr. Grau agreed. A motion was made by Ms. Phillips that the triangular parcel at the top of area 113B, and the lot immediately adjacent to the east of it be designated as Tier 1. A vote was taken with the following results: Mr. Grau-Yes Mr. Hobgood-Yes Mr. Grosso-Yes Ms. Cheon-Yes A motion was made by Mr. Grosso that the commercial lot to the right of that previously designated on area 113B be designated SPA. A vote was taken with the following results: Ms.Phillips -Tier 3 Mr. Grau-Tier 3 Ms. Cheon-Tier 3 Ms. Phillips recommended that the rest of that row be designated Tier 3 as well. A vote was taken with the following results: Mr. Grau-Yes Mr. Hobgood-Yes Mr. Grosso -Yes Ms. Phillips made the motion that the natural area to the south and then left of what was designated Tier 1 at the top of the page be designated as SPA. Ms. Cheon and Mr. Grau agreed. Mr. Grau made the motion that the one little parcel to the right be designated SPA. A vote was taken with the following results: Ms. Phillips -Yes Mr. Hobgood-No. Ms. Cheon-Yes Mr. Grosso made the motion that the two chunks of land on the land cover map with the 4s on them be designated as Tier 3. A vote was taken with the following results: Ms.Phillips -Yes Mr. Hobgood-Yes. Mr. Grau-Yes A luncheon recess was held. Map 9 Mr. Grosso made the recommendation the areas in blue on 113C be designated as Tier 3, and the areas outside the blue and within the arrows be SPA. A vote was taken with the following results: Ms. Phillips -Yes Mr. Grau-Yes Mr. Hobgood- Yes Mr. Grosso recommended designating the bottom corner piece on 113D as SPA, as well as the lot in blue, and the rest of 113D Tier 3. A vote was taken with the following results: Ms. Phillips -Yes Mr. Grau-Yes Ms. Cheon-Yes Map 10 Ms. Cheon recommended on 113E that the triangular piece at the top right and the blue strip below it be designated as Tier 3. A vote was taken with the following results: Ms. Phillips -Yes Mr.•Grau-Yes Mr. Grosso-Yes. Mr. Grau made a motion that the strip behind the commercial center be designated as a SPA, and anything else in 113E would be designated as a Tier 3. Ms. Phillips seconded the motion. Mr. Grosso and Mr. Hobgood agreed. Mr. Grau recommended that the area between Valencia and the park be designated a SPA. Ms. Phillips and Ms. Cheon agreed. Mr. Grau made the motion that the two lots,the one highlighted and the one below it,be designated Tier 3,but if the one-acre criteria is changed in the comprehensive plan, it should be designated SPA. Mr. Grosso seconded the motion. Mr. Hobgood and Ms. Cheon agreed. Going to the little square to the south on the map, and the one lot that connects it to Pennekamp,Ms. Cheon recommended the separate lot without the building permit be designated a SPA. A vote was taken with the following results: l 1 l , Ms. Phillips -Yes Mr.Grau-Yes Mr. Grosso--Yes Mr. Grosso recommended the lot with the building permit in red be designated as 3A, and then the four lots below it, until you get to the other side of the building,be designated as Tier 3, the bottom one be designated as 3A, and the three lots along the road be designated as 3A. Ms. Phillips,Mr. Grau and Ms. Cheon agreed. Mr. Grau wanted the series of lots in the middle, two lots with two permits and cross hatches,to be put on the to-be-considered list for SPA if a change occurs regarding the one-acre criteria. Ms. Phillips thought it should be Tier 3. Ms. Cheon and Mr. Grau agreed. Mr. Hobgood disagreed. Map 11 Starting at the bottom, to the left,Ms.Phillips recommended from the bottom up to where the green starts be designated as Tier 3. Mr. Grosso and Mr. Grau agreed. Mr. Grosso referred the committee to the maps he handed out previously, and drew their attention to the north of the previous lot referred to of connected hammock. Mr. Roberts asked what about the polygon immediately to the west of the SPA just delineated. Mr. Grosso said it is a 3,but should be a SPA if the one-acre criteria were to be eliminated. The odd-shaped polygon to the south of the prior lot voted on was recommended to be a Tier 3 by Mr. Grau, conditioned upon future recommendation of a SPA if the comprehensive plan were revised. A vote was taken with the following results: Mr.Hobgood-Yes Mr. Grosso - Yes Ms. Cheon-Yes A vote was taken on the recommendation for the vertical rectangle underneath there, the two lots, with the following results: Mr. Grau- 3 Mr. Hobgood- SPA Ms. Phillips -3 Ms. Cheon-3 Ms. Phillips proposed the lots to the west of the previous lots voted on be desinated as 3A. A vote was taken with the following results: Mr. Grau-Yes Mr. Hobgood- Yes Mr. Grosso-Yes Mr. Grau made the motion that the three isolated parcels be designated as SPA. A vote was taken with the following results: Ms. Phillips -Yes Mr. Hob good -Yes Mr. Grosso -Yes Ms. Phillips proposed that the rest of the subdivision not previously designated be designated a Tier 3. A vote was taken with the following results: Mr. Grau-Yes Mr. Hob good-Yes Ms. Cheon-Yes The meeting was adjourned at 5:01 p.m. Jennifer Belz '