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PC Minutes 07/15/2010 MINUTES OF THE TIER DESIGNATION REVIEW COMMITTEE Regular Meeting Tier Designation Review Committee Thursday,July 15, 2010 Marathon, Florida A regular meeting of the Tier Designation Review Committee convened at 9:24 a.m., at the Marathon Government Center. Present were Amy Phillips, Department of Environmental Protection; Richard Grosso, Everglades Law Center; Randy Grau, Fish&Wildlife Conservation Commission;Julie Cheon, Florida Keys Aqueduct Authority;Winston Hobgood, U.S. Fish&Wildlife;Tiffany Stankiewicz, Development Administrator, Planning and Environmental Resources; Michael Roberts,Senior Administrator, Environmental Resources; Phil Frank, Private Environmental Consultant; Bryan Davisson, GIS Planner,Growth Management; and Rebecca Jetton, Department of Community Affairs. A quorum was established. Michael Roberts extended appreciation and thanks to the Committee on behalf of Christine Hurley and the rest of the Growth Management Department. The plan for this meeting is to get a preliminary recommendation on all of the map series to date that the Committee has reviewed. Following this recommendation,staff hopes to mail out notification of the Committee's recommendations to all affected property owners,advising them that the August meeting will be open to the public and allow for presentation of data or information to the Committee for potential reevaluation of the prior recommendations. Following the August meeting,Growth Management will request a final recommendation from the Committee,that will then be transmitted to the County's Development Review Committee,which will then render their recommendation to the Planning Commission at a public meeting,which will then render their recommendation to the Board of County Commissioners, also at a public meeting. Randy Grau called the meeting to order at 9:27 a.m. APPROVAL OF MINUTES April 22 and April 23 Randy Grau requested questions or comments. Amy Phillips noted that she saw discrepancies between the maps and the minutes in her review of the March and April minutes. Randy Grau agreed. Motion: Julie Cheon made a motion to table the approval of the minutes until a review of the documents was complete. Michael Roberts stated that the Committee was not bound by the previous determinations on the map series. Amy Phillips seconded the motion. MAP SERIES MAP 86 Discussion was had regarding area 581/582. Motion: Julie Cheon made a motion that the designation remain Tier Ill. Randy Grau seconded the motion. A vote was taken with the following j,, results: Amy Phillips,Agreed;and Winston Hobgood,Agreed. I \ Discussion was had regarding the connectivity of the large remaining parcel. Motion: Amy Phillips made a motion that this parcel be designated Tier I. Winston Hobgood seconded the motion. A vote was taken with the following results: Richard Grosso,Agreed;Randy Grau,Agreed;and Julie Cheon,Agreed. Randy Grau suggested reviewing the maps in numerical order. Amy Phillips agreed. Michael Roberts stated the Committee was to review the original 90 ROGO parcels before reevaluating the parcels specified by the Board of County Commissioners' resolution. Randy Grau asked if the Committee wanted to address the wetlands issue to try to reach a consensus,or wait until it comes up in the map review. Michael Roberts stated that the criteria as adopted by the County Commission Resolution,which reflected the administrative law judge's amended final order,specifically states that wetlands are not a part of the tier designation system. Staff has discussed adjusting the ROGO scoring to reflect wetlands where appropriate. That notwithstanding,the majority of the wetlands in the County, particularly undisturbed wetlands, both mangrove and freshwater,are required by code to remain 100 percent undeveloped. Randy Grau said that based on his interpretation of the amended order,specifically Page 29, if a wetland is adjacent to or part of another system,it can be designated Tier I. Winston Hobgood stated that the Committee has been doing that in the previous recommendations. Julie Cheon said she felt the amended final order specifically precludes wetlands. Richard Grosso suggested that while the Committee has agreed to respect the existing criteria,that a clear recommendation be made to the Board of County Commissioners that, if the tier criteria is adjusted,wetlands be put in the Tier I category. Julie Cheon asked how such parcels would be identified for the Board of County Commissioners or the Development Review Committee. Michael Roberts said they will have to be reconciled by staff. Mr. Grosso is under the impression that the wetlands being classified Tier I was a contingent recommendation. Mr. Grau said these parcels could be discussed again as the maps are reviewed by the Committee in the present meeting. MAP 5 Michael Roberts noted that staff was unclear as to the designation of the one parcel in the middle of the map, right below 106A. Mr. Roberts pointed out the existing construction within the Tier Ill and the SPA parcels at the very bottom of 106C surrounded by Tier Ill parcels. Julie Cheon stated that the Tier I area below 106A seemed out of place. Rebecca Jetton asked if the blue dots,which indicate a permit has been issued on a parcel, breaks the connectivity of the tier. Mr. Roberts answered that it would. Ms.Jetton pointed out that the DCA has filed appeals on several such permits. Randy Grau said the Committee has been making recommendations based on existing conditions. The connectivity of the parcels was discussed. Motion: Randy Grau made a motion that the two unattached lots to the west of the two attached lots should be Tier Ill,and that the two attached lots,including the one with the blue dot,remain a SPA. Richard Grosso seconded the motion. A vote was taken with the following results: Amy Phillips,Agreed;Winston Hobgood,Agreed;and Julie Cheon,Agreed. Motion: Amy Phillips made a motion that the lot to the east of the permitted lot should also be a SPA. The topic of building permits constituting a break in connectivity continued to be discussed. Julie Cheon said she would not be inclined to change it to a SPA without having the permit data available. Phil Frank questioned what the threshold was in making a developed lot with hammock Tier I. Mr. Roberts explained the differences between Tier I and Tier IIIA parcels as far as clearing limitations, as well as limitations on the points in ROGO. Richard Grosso questioned the judgment in possibly underprotectingSPA parcels by not permitting the County to purchase them,as opposed to Tier I parcels. Amy Phillips seconded Ms.Cheon's statement not to change the parcel with the building permit and the lot to the west of it to Tier Ill. A vote was taken with the following results: Randy Grau, Disagreed;Winston Hobgood, Disagreed;and Richard Grosso,Disagreed. Motion: Julie Cheon made a motion to change the three parcels on the south side of the road from Tier I to SPA. Randy Grau seconded the motion. A vote was taken with the following results: Amy Phillips,Agreed;and Richard Grosso,Agreed. A discussion was had on the parcel below the lot previously designated regarding the hammock on the parcel and its ownership. Michael Roberts stated that SPA clearing limits are not different than Tier III clearing limited in terms of native upland habitat. Richard Grosso pointed out this topic has previously been discussed, and suggested at the end of the deliberations the Committee should vote on whether to make the SPA clearing ratio the same as Tier I instead of the same as Tier Ill. Mr. Roberts and Randy Grau agreed it is a discussion for a later date. Motion: Randy Grau made a motion, based on it being one parcel,to designate it a Tier Ill. Amy Phillips seconded the motion. A vote was taken with the following results: Julie Cheon,Agreed;Winston Hobgood,Agreed;and Richard Grosso, Disagreed. Amy Phillips said the designated triangular parcel in the upper right-hand corner in 106B,just below 106D,should show as SPA on the maps. Tiffany Stankiewicz and Bryan Davisson concurred. Tiffany Stankiewicz requested the Committee members to mark their maps designating their preference for the parcels so as to verify information later. Julie Cheon stated that if she made no marking on a parcel that was not discussed at this meeting,and she didn't agree with it at a prior meeting,she still doesn't agree with it. MAP 7 Julie Cheon stated that the parcels at the top of the yellow polygon designated Tier I would be more appropriately designated Tier IIIA. Motion: Amy Phillips made a motion that the Tier I parcel situated all by itself with a permit issued be changed to a Tier Ill. Julie Cheon seconded the motion. A vote was taken with the following results: Winston Hobgood,Agreed; Richard Grosso,Agreed;and Randy Grau,Agreed. Discussion ensued regarding the parcels at the top of the yellow polygon. Motion: Julie Cheon made a motion that the middle parcels in the top of the yellow polygon be changed to SPA. Amy Phillips seconded the motion. A vote was taken with the following results: Richard Grosso, Disagreed;Winston Hobgood, Disagreed,and Randy Grau,Agreed. Motion: Julie Cheon made a motion that the first two parcels in that strip be designated SPA as opposed to Tier I. A vote was 1 i taken with the following results: Amy Phillips, Disagreed;Winston Hobgood, Disagreed;Randy Grau, Disagreed;and Richard Grosso,Disagreed. MAP 8 Julie Cheon disagreed with the designation of Tier I for the parcels on Sound Drive because of there being no underbrush on those parcels. Amy Phillips pointed out the connectivity on the map. Winston Hobgood said that the understory would grow back quickly if allowed to. MAP 9 Amy Phillips pointed out that the one parcel designated Tier Ill in the lower left-hand corner was shown as SPA in the previous maps. Bryan Davisson said it was two parcels previously,and has since been aggregated. Motion: Amy Phillips made a motion to change the SPA parcel below the Tier HI lot to Tier III. Julie Cheon seconded the motion. Motion: Winston Hobgood made a motion to change the Tier III lot back to SPA. Amy Phillips seconded the motion. A vote was taken with the following results: Randy Grau,Agreed;and Julie Cheon,Agreed. Discussion was had regarding the lot with the blue dot in Section 113C. Michael Roberts said a house has been constructed on this lot. A 15-minute recess was taken. MAP10 Motion: Winston.Hobgood made a motion to leave the recommendations the same. Amy Phillips seconded the motion. A vote was taken with the following results: Randy Grau,Agreed; Richard Grosso,Agreed;and Julie Cheon, Disagreed,due to the same objections stated at the time of the initial recommendation. MAP 11 Motion: Winston Hobgood made a motion for no changes to this map. Richard Grosso seconded the motion. Julie Cheon recommended the two parcels in the middle of the yellow area previously mapped IIIA be changed to Tier Ill,and the three parcels above them as Tier Ill also. The development surrounding these areas was discussed. Motion: Julie Cheon made a motion that the two stacked parcels in the middle of the yellow area and the three parcels above them be changed from SPA to Tier III. Amy Phillips seconded the motion. A vote was taken with the following results: Randy Grau,Agreed;and Richard Grosso,Agreed. Motion: Amy Phillips made a motion that the one single lot with development on both sides and below the previously mentioned lots be changed to Tier III. Julie Cheon seconded the motion. A vote was taken with the following results: Winston Hobgood,Disagreed; Randy Grau,Disagreed;and Richard Grosso,Disagreed. MAP 12 Amy Phillips stated that she didn't have any questions or comments about this map and asked if anybody else did. Winston Hobgood, Randy Grau and Julie Cheon all stated they did not. MAP 13 Randy Grau stated there were no changes made previously to this map and it should remain as is. MAP 15 Julie Cheon stated the two green parcels in the middle of 125A should be changed from Tier I to Tier Ill because the parcels adjacent to them are developed. Discussion was had regarding the habitat on the parcels,as well as the ownership of the parcels. Phil Frank added that the area is industrial, but connectivity was there to Tier I parcels. The differences between Tier I criteria and SPA criteria were discussed. Motion: Julie Cheon made a motion to change the two green parcels in the middle of 125A from Tier I to SPA. Amy Phillips seconded the motion. A vote was taken with the following results: Richard Grosso,Disagreed;Winston Hobgood,Disagreed;and Randy Grau,Agreed. MAP 17 Motion: Randy Grau made a motion to leave this map as is. Winston Hobgood seconded the motion. The quality of hammock in this area was discussed. Julie Cheon stated the subdivision was heavily disturbed. A vote was taken with the following results: Amy Phillips,Agreed;Julie Cheon, Disagreed;and Richard Grosso,Agreed. MAP 21 Julie Cheon asked for staff's recommendation regarding the SPA parcels in the middle of the map. Michael Roberts stated that he felt it would be more appropriately designated as Tier Ill. Connectivity of this parcel was discussed,as well as the quality of the hammock. Richard Grosso feels the Committee should not be taking technical,arbitrary, criteria-based approaches. Motion: Richard Grosso made a motion that the three SPA parcels be changed to Tier Ill. Julie Cheon seconded the motion. A vote was taken with the following results: Randy Grau,Agreed;Winston Hobgood, Disagreed;and Amy Phillips, Disagreed. MAP 23 Julie Cheon asked for staff's recommendation on the lots in 134C and 134D. Michael Roberts stated that the lots with hammock on the north side of Coral could remain SPA, but that the block of lots immediately under 134C have three lots that have already been developed. The acreage and connectivity of the lots were discussed. Motion: Amy Phillips made a motion that the three developed lots in 134C,plus the two lots above them,be designated as Tier Ill. Julie Cheon seconded the motion. A vote was taken with the following results: Randy Grau,Agreed;and Winston Hobgood,Agreed. Randy Grau pointed out that the prior recommendation map didn't show the lot in 134C and i' 134D farthest to the right as being SPA. Bryan Davisson stated this was another example of a combined j' lot. Motion: Randy Grau made a motion to change that parcel farthest to the right to SPA. Winston Hobgood seconded the motion. A vote was taken with the following results: Richard Grosso,Agreed; Julie Cheon,Agreed;and Amy Phillips,Agreed. Randy Grau reviewed what the prior recommendation was on 135A. The minutes were read. Julie Cheon stated she still disagreed with designating it a Tier Ill. Richard Grosso questioned if it would be appropriate to conditionally recommend a Tier I wetlands designation. The wetlands issue was continued to be discussed. No change was made. MAP 30 Amy Phillips stated she found the minutes confusing on this map. Michael Roberts brought up staff's concerns about a SPA designation for lots in subdivisions that, although have incredible hammock coverage,are well-manicured underneath the canopy. Motion: Julie Cheon made a motion that the parcels previously designated SPA in the 144/145 polygon revert to Tier Ill. Amy Phillips seconded the motion. Winston Hobgood disagreed. Motion: Amy Phillips made a motion that those SPA parcels in the 144/145 polygon revert to Tier Ill,except the lower right corner remain SPA. Julie Cheon seconded the motion. Ownership and acreage of the parcels were discussed. Motion: Randy Grau made a motion that the two L-shaped parcels and the one underneath them that connects it be designated SPA,but the parcels north of that be Tier Ill. Amy Phillips seconded the motion. A vote was taken with the following results: Winston Hobgood,Agreed; Richard Grosso,Agreed;and Julie Cheon,Agreed. Randy Grau said he felt there was a typo in the minutes regarding the Tier I lots in 145E,that "Tier I"should read "Tier IIIA". The Committee and staff concurred. Richard Grosso suggested the Committee look at the map again to clarify. Motion: Winston Hobgood made a motion to leave the map as is. Randy Grau seconded the motion. A vote was taken with the following results: Amy Phillips,Agreed;and Richard Grosso,Agreed. A luncheon recess was held from 1:20 p.m.to 2:00 p.m. MAP 31 Amy Phillips stated she felt 145E should be Tier I. Discussion was had regarding the hammock on the map. Motion: Julie Cheon made a motion to exclude the corner parcel and the parcel below with the house on it from SPA and make them Tier Ill. Amy Phillips seconded the motion. A vote was taken with the following results: Winston Hobgood,Agreed;and Richard Grosso,Agreed. Motion: Amy Phillips made a motion that the top three lots in the far east section be changed to Tier Ill. Julie Cheon seconded the motion. A vote was taken with the following results: Richard Grosso,Agreed; Randy Grau,Agreed;and Winston Hobgood,Agreed. Motion: Amy Phillips made a motion that the parcel closest to the road,the parcels next to it and below it be changed to Tier Ill. Julie Cheon seconded the motion. A vote was taken with the following results: Randy Grau,Agreed;Richard Grosso,Disagreed;and Winston Hobgood,Disagreed. Motion: Randy Grau made a motion that the lot next to U.S.1 next to the SPA lots remain a SPA. Amy Phillips seconded the motion. A vote was taken with the following results: Julie Cheon, Agreed;Richard Grosso,Agreed;and Winston Hobgood,Agreed. MAP 33 Julie Cheon stated she felt the SPA designation was appropriate for 146C. Richard Grosso urged the Committee not to exclude every developed parcel from Tier I. Motion: Randy Grau made a motion to leave the map as originally determined. Amy Phillips seconded the motion. A vote was taken with the following results: Winston Hobgood,Agreed;and Julie Cheon, Disagreed. MAP 35 Julie Cheon stated that the interior of the larger yellow polygon looks to her like it should be a SPA designation. Michael Roberts said the Committee made them Tier I previously because they didn't meet the one-acre threshold. The hammock quality was discussed. Richard Grosso questioned the one- acre arbitrary threshold. Motion: Randy Grau made a motion to make the three lots, not quite L- shaped,Tier Ill,and to make the small lot with connectivity to the south a SPA. Amy Phillips seconded the motion. A vote was taken with the following results: Winston Hobgood,Agreed; Richard Grosso, Agreed;and Julie Cheon,Agreed. Motion: Randy Grau made a motion to add the top 14 lots in the northeast corner to the further review. Richard Grosso seconded the motion. A vote was taken with the following results: Winston Hobgood,Agreed;Amy Phillips,Agreed;and Julie Cheon felt they are appropriately mapped, but agreed to consider any reviews. Motion: Randy Grau made a motion that the remaining Tier I lots remain Tier I. Richard Grosso seconded the motion. A vote was taken with the following results: Winston Hobgood, Agreed;Julie Cheon,Disagreed;and Amy Phillips,Disagreed. MAP 39 Amy Phillips stated this was an area the Committee wanted added to the area of challenge. The linear strip between the two challenged areas was discussed. Motion: Randy Grau made a motion to request the Board of County Commissioners to approve the SPA parcels outside the challenged area for further review. Amy Phillips seconded the motion. A vote was taken with the following results: Richard Grosso,Agreed;Julie Cheon,Agreed;and Winston Hobgood,Agreed. MAP 40 The quality of hammock was discussed. Phil Frank reminded the Committee about the connectivity they used in making previous recommendations. Michael Roberts state SPA would be a logical determination for those lots in 152A. Motion: Amy Phillips made a motion that the one parcel to the right of 152A be changed to Tier Ill. Julie Cheon seconded the motion. A vote was taken with the following results: Randy Grau,Agreed;and Winston Hobgood,Agreed. Motion: Amy Phillips made a motion that the parcel right beside the previous parcel be designated Tier Ill as well. Julie Cheon seconded the motion. A vote was taken with the following results: Richard Grosso,Agreed;Randy Grau,Agreed;and Winston Hobgood,Agreed. Motion: Amy Phillips made a motion that the two undeveloped lots along Ocean View be designated Tier Ill because of lack of hammock. Julie Cheon seconded the motion. A vote was taken with the following results: Winston Hobgood,Agreed;Richard Grosso,Agreed;and Randy Grau, Agreed. Motion: Amy Phillips made a motion that the rest of the parcels on that block be changed from Tier Ito SPA. Julie Cheon seconded the motion. A vote was taken with the following results: Richard Grosso,Agreed;Winston Hobgood,Agreed;and Randy Grau,Agreed. MAP 50 Motion: Richard Grosso made a motion to leave the map as is. Winston Hobgood seconded the motion. A vote was taken with the following results: Randy Grau,Agreed;Amy Phillips,Agreed; and Julie Cheon, Disagreed. A 15-minute recess was taken. MAP 57 Amy Phillips noted that a parcel on the third row up from the bottom,right next to the blue dot, was undesignated. Bryan Davisson stated this is another example of an aggregated lot. Motion: Amy Phillips made a motion to designate the lot all the way to the right in the third row from the top where the two ROGO lots are as Tier Ill. Julie Cheon seconded the motion. A vote was taken with the following results: Winston Hobgood,Agreed;and Randy Grau,Agreed. Motion: Amy Phillips made a motion that the other ROGO lot on that row,right under 387B, be designated Tier Ill as well. Julie Cheon seconded the motion. A vote was taken with the following results: Winston Hobgood,Agreed;Richard Grosso,Agreed;and Randy Grau,Agreed. Going northwest, next to the corner lot, next to the house,the clearing on this lot was discussed. Motion: Amy Phillips made a motion that the two ROGO lots together down below be designated Tier Ill. Julie Cheon seconded the motion. A vote was taken with the following results: Winston Hobgood,Agreed;and Randy Grau,Agreed. Motion: Julie Cheon made a motion that in 387C,the lot to the left of the four lots together be designated Tier1ll3. Amy Phillips seconded the motion. A vote was taken with the following results: Randy Grau,Agreed;and Winston Hobgood,Agreed. The clearing of the two properties between the two houses, above 387B,was discussed. MAP 59 Richard Grosso asked to confirm the map's accuracy. Winston Hobgood and Amy Phillips agreed. MAP 62 Motion: Julie Cheon made a motion to leave the map as is. Amy Phillips seconded the motion. A vote was taken with the following results: Winston Hobgood,Agreed;and Randy Grau, Agreed. MAP 69 Julie Cheon reiterated the fact that she had issues with the wetland issues in Tier I. Bryan Davisson said the southeast corner property with the house on it was another case of an aggregated lot. Motion: Winston Hobgood made a motion to leave it Tier IIIA. Amy Phillips seconded the motion. A vote was taken with the following results: Randy Grau,Agreed. Rebecca Jetton asked how the Committee would deal with developed parcels with environmentally sensitive habitat on it. Michael Roberts agreed that issue,along with the wetlands issue, needed to be ironed out. Bryan Davisson explained the process of how the County becomes informed when a lot has been aggregated. Rebecca Jetton suggested if a parcel is split apart after the Board of County Commissioners adopts the Committee's recommendation,that something is put in the LDRs that says unity of title or a lot split has no effect on the parcel. Discussion continued regarding preventing development on a split lot that prior to its split would not have been allowed. The meeting was adjourned at 4:43 p.m.