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PC Minutes 08/19/2010 MINUTES OF THE TIER DESIGNATION REVIEW COMMITTEE Regular Meeting Tier Designation Review Committee • Thursday,August 19,2010 Marathon, Florida A regular meeting of the Tier Designation Review Committee convened at 9:17 a.m.at the Marathon 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;Wayne Whitley, GIS Planner,Growth Management; and Rebecca Jetton, Department of Community Affairs. WELCOME AND INTRUDUCTION Christine Hurley thanked everybody for appearing at the meeting and thanked the Committee for their work and the progress they've made in reviewing the data sets on land throughout the Keys. Ms. Hurley explained that today's meeting is for property owners to present technical information about their property and to explain any conditions of their property not seen through mapping. The fact that the Committee has only made preliminary recommendations was stressed,and that the Committee won't make their final recommendations until after public input. After the Committee makes their final recommendation there will be future public hearings before the Development Review Committee,the Planning Commission and the Board of County Commissioners. Any further questions from the public should be directed to Michael Roberts. Michael Roberts called the roll. SUMMARY OF TIER DESIGNATION CRITERIA Michael Roberts welcomed the public to the meeting. Mr. Roberts then went through the criteria established in the comprehensive plan and land development code as follows: Tier I are those properties determined to be environmentally sensitive primarily due to a presence of tropical hardwood hammock or pinelands,typical environmentally sensitive land,or known habitat for threatened and endangered species,which are areas the County has been directed to guide growth away from; and Tier IIIA, or SPA,Special Protection Area, is a buffer between Tier I and urban or development infill areas. The comprehensive plan is the overall guiding document from which the land development codes are generated. Copies of the specific comprehensive plan policies were offered to those members of the public who wished to have them. Mr. Roberts explained that the tier boundaries are established by the parcel boundary. Tier I are those areas that are intact, primarily hammock,areas, and Tier IIIA are those areas that have hammock and are contiguous to or perform a buffer function to Tier I properties. The specific criteria within the code that break those connections are U.S.1, canals,and developed parcels that break the contiguity of hammock areas. 1 Mr. Roberts asked those who will be presenting parcel-specific information to keep their comments as specific to the code criteria as possible. The Tier III designation was described as those areas where the County wants to encourage growth and development,those areas being well- developed subdivisions,60 percent or greater,and have available sewer and water and complete infrastructure. Mr. Roberts clarified that if a property is already developed and there is a residence on that parcel,the tier designation will not affect a property owner's ability to rebuild that house in the event of storm damage or loss, but could possibly prevent one's ability to expand the house. Mr. Roberts then explained that the tier designations and the FEMA injunction list are related, but separate issues. If a property owner is on the FEMA injunction list, it does not affect their standing in the tier designation review. APPROVAL OF MINUTES Randy Grau asked if any Committee members had any comments or concerns on the minutes from 7/15/10 and 7/16/10. Amy Phillips asked for clarification of Page 2 in the middle of the fourth paragraph regarding wetlands not being part of a tier designation,yet they are designated as Tier III. Michael Roberts explained that the underlying designation is Tier III unless there is a reason to change it for the presence of hammock,or change it to Tier I or Tier IIIA. If it doesn't meet the criteria for Tier I or Tier IIIA,then it is by definition Tier III. Staff has committed to readdressing the ROGO ordinance to address the existence or proximity of wetlands on a parcel. Richard Grosso stated that a blanket statement that wetlands are categorically not part of the tier system might not be the most accurate way of saying it, because the approach from the beginning has been that although wetlands are not the primary focus of the tier system,as part of an overall ecosystem approach Tier I properties would also include lands that have some wetlands on them that are part and parcel of a larger ecosystem that is a Tier I. Randy Grau pointed out that there is some language in the amended final order that talks about wetlands that are part of a bigger system,so that it doesn't automatically mean because it is a wetland it isn't Tier I. Randy Grau asked for any other comments on the minutes. None were made. Motion: Randy Grau made a motion to approve the 7/15/10 and 7/16/10 minutes. Amy Phillips seconded the motion. A vote was taken with the following results: Winston Hobgood,Agreed; Richard Grosso, Agreed;and Julie Cheon,Agreed. PUBLIC PRESENTATIONS Randy Grau asked the public to limit their presentations to three minutes because of the amount of people wanting to be heard. Mr. Grau also asked that the presentations be as specific to the conditions of the properties as possible. PARCEL NO.00447100-000000 PROPERTY OWNER: RACQUEL WOOD MEURY Racquel Wood Meury presented the Committee with a vegetation survey, along with photos of several views of the property. Ms. Meury requested her property remain a Tier III,as 70 to 80 percent of her neighborhood is developed and the understory is cleared underneath 20-year-old gumbo limbo 2 trees. Randy Grau stated that the vegetation list shows an extensive list of native understory and canopy plants. Richard Grosso asked for information on clearing limits on the property. Michael Roberts stated that maintenance of understory does not require a permit. Mr. Roberts reminded the Committee that it is acknowledged in the ordinance and comprehensive plan that it is entirely forseeable that there will be isolated fragments of hammock within Tier Ill areas. With the exception of the tree coverage,the subdivision as a whole meets Tier Ill criteria. Species dependency of the neighborhood was discussed. The original designation for all of 147A was Tier Ill. Motion: Julie Cheon made a motion that the subject property go back to its original Tier Ill designation. Amy Phillips seconded the motion. A vote was taken with the following results: Winston Hobgood,Agreed; Richard Grosso,Agreed;and Randy Grau,Agreed. Michael Roberts asked the Committee if they wanted to discuss 147A as a whole. Winston Hobgood thought the Committee's recommendations should stand. Randy Grau said he didn't feel the Committee had enough information to change the recommendations at this time. Motion: Julie Cheon made a motion that the parcels inside of 147A be given a Tier III-A designation. Motion died. PARCEL NO.00501140-000000 PROPERTY OWNER: GARY FERGUSON Gary Ferguson asked the Committee why his property was changed from a Tier Ill to SPA. Mr. Ferguson described the hammock on the property as moderate quality with a lot of Brazilian pepper present. Julie Cheon stated that the Committee should not be including the hammock of the undeveloped properties on the map because the developed parcel constitutes a break. Motion: Julie Cheon made a motion that the lots in the subject property's polygon revert back to Tier Ill. One calculation of the acreage of the hammock was calculated as being just under an acre and another calculation of the acreage was calculated as being just over an acre. Mr. Roberts stated that it is important for the Committee to follow the criteria as closely as possible as it finalizes its recommendations, and if a diversion from the criteria is recognized,that it be addressed by the Committee. Randy Grau recommended this property be deferred so as to obtain the actual acreage of the hammock from staff. PARCEL NO.00210650-000000 PROPERTY OWNER: JAMES SHARPE James Sharpe told the Committee that he pulled a permit on his property in November 2005 and shortly thereafter the FEMA list came into effect. His subdivision is 60 to 70 percent built out with a paved road. Mr.Sharpe provided a vegetation survey,as well as a letter from Fish &Wildlife that states his proposed build-out would not adversely affect the protected species in the area because of the two- to-one replacement of trees and bushes required of him. Mr. Roberts read the letter to the Committee. Julie Cheon asked if building permits as of a certain date constitute a break. Mr. Roberts answered not in Tier I. Randy Grau stated that this area of Ramrod Key has quite a bit of undisturbed habitat of high quality with big contiguous areas of hammock. Winston Hobgood explained to Mr.Sharpe what the FEMA list was based on. Mr.Sharpe asked the Committee if his permit was going to be taken away from him. Christine Hurley explained that there are ongoing discussions between the County and the Department of Community Affairs, but that was not the subject of today's meeting. Ms. Hurley advised the Committee that their decisions should be 3 based on the comprehensive plan and land development code criteria for the tier designations. Randy Grau explained to Mr.Sharpe that his property was given a Tier I designation because his property is mapped as hammock and is contiguous with a fairly large undisturbed area. Motion: Julie Cheon made a motion that the property be designated as Tier III-A. Motion died. Motion: Randy Grau made a motion that no changes be made and the property remain Tier I. Winston Hobgood seconded the motion. A vote was taken with the following results: Amy Phillips, Agreed; Richard Grosso,Agreed;and Julie Cheon,Disagreed. PARCEL NO.00501140-000000 PROPERTY OWNER: GARY FERGUSON (CONT.) Michael Roberts informed the Committee that the hammock in the polygon which included Mr. Ferguson's lot was calculated to be 1.02 acres. Motion: Winston Hobgood made a motion to leave the recommendation the same. Julie Cheon asked if the County goes out to reassess lots that are calculated to be so close to one acre. Michael Roberts stated this would be such a lot. Randy Grau seconded the motion. A vote was taken with the following results: Amy Phillips,Agreed; Richard Grosso,Agreed;and Julie Cheon,Disagreed. PARCEL NUMBER 00090440-000000 PARCEL NUMBER 00501810-000000 PARCEL NUMBER 00501980-000000 PARCEL NUMBER 00502040-000000 PROPERTY OWNER: ARA NERSESYAN Ara Nersesyan reviewed the definition of SPA according to the 2010 comprehensive plan. Mr. Nersesyan stated his properties are within Downtown Key Largo and do not fit that definition. Tier Ill definitions were recited to the Committee. Mr. Nersesyan stressed that developed lots are not to be placed in one of the three categories. Paragraph 42 of the judge's order was recited to the Committee, and then Paragraph 91. Michael Roberts asked Mr. Nersesyan to address his particular parcels,as his time had run out. Mr. Nersesyan then showed on the maps how his properties were surrounded by developed parcels and his properties should be designated Tier Ill. Mr. Roberts pointed to Mr. Nersesyan's property to the west of Polygon 134D on Map Series 23 and pointed out a developed lot constituting a break in SPA. Julie Cheon asked if North Key Largo met the wastewater treatment permit cutoff date effective 3/21/06. Tiffany Stankiewicz said that,from memory,this was not one of the three areas that met that date. Mr. Nersesyan again referred to Paragraph 92 of the judge's order. Mr. Roberts explained again the break in connectivity in Polygon 134D and said, incorporating those breaks,the lot in the very lower left-hand corner of 134D would remain a SPA, however the remaining parcels within 134D would by definition become Tier Ill. Motion: Randy Grau made a motion that those lots be changed to Tier III,based on it being under one acre and noncontiguous,but the bottom left-hand corner lot remain SPA. Richard Grosso seconded the motion. A vote was taken with the following results: Winston Hobgood,Agreed;Amy Phillips,Agreed;and Julie Cheon,Agreed. Motion: Randy Grau made a motion the Mr.Nersesyan's Property D remain Tier I. Winston Hobgood seconded the motion. Julie Cheon pointed out that this parcel is not part of the challenge 4 area. Mr. Nersesyan said he wasn't notified by mail legally that any of his parcels were to be changed. Mr. Roberts stressed that today's meeting was not the time or the place to discuss parcels not in the challenge area. Mr. Roberts asked Susan Grimsley to address the legality of the prioritizing and notification of parcels within and outside of the challenge area. Ms. Grimsley stated it was done by newspaper ad only. Individual notices were not sent out, nor were they required. A 15-minute recess was held. PARCEL NO.00510330-000000 PARCEL NO.00510320-000000 PROPERTY OWNER: COLLEEN GARNER Coleen Garner submitted a couple of photographs of her property. Ms.Garner requested a redesignation of her property from a Tier I. The parcel was originally designated Tier III. It is full of Brazilian pepper. A letter from Fish &Wildlife stated that the lot is disturbed, including gravel fill,yard waste and construction debris. A permit has been obtained for Lot 17(Parcel 00510330-000000). Twenty-one native species are listed by Fish &Wildlife for Lot 17. Randy Grau stated he had walked through the property,and said that the area that appears as"the arm"on the map has high quality hammock, but towards the road was more exotics. Motion: Julie Cheon made a motion that the parcel farthest to the west,Lot 17, revert back to Tier Ill designation,and not change Parcel No.00510320 due to lack of information. Mr. Roberts informed Ms.Garner there will be an opportunity in the future } for her to bring forward information pertaining to Parcel No.00510320. Randy Grau seconded the motion for discussion purposes. Mr.Grau noted there was no indication of percentages of exotics in the report. Winston Hobgood recommended Ms. Garner have the biologist quantify the percentage of exotics on Lot 17 when her other property is examined for a vegetation survey. Ms. Garner said Attorney Morganstern won't come out and inspect her property until the tier designation is resolved. A vote was taken with the following results: Winston Hobgood, Disagreed; Richard Grosso, Disagreed; and Amy Phillips, Disagreed. Motion: Randy Grau made a motion to defer making a recommendation on Lot 17 to the next meeting for further inspection of the two lots together by the Committee members. Winston Hobgood seconded the motion. A vote was taken with the following results: Amy Phillips,Agreed; Richard Grosso,Agreed;and Julie Cheon,Agreed. PARCEL NO.00510450-000000 PARCEL NO.00510460-000000 PROPERTY OWNER: CONSTANTINO QUIROS& MAGDALENA CABEZAS Magdalena Cabezas presented a vegetation survey to the Committee. Ms. Cabezas stated that the parcels are located in Riviera Village,which is a significantly developed subdivision. The properties were cleared back in 1982. There was an original designation of Tier III. The two lots were combined for a single-family home and a 25-foot shoreline setback was established as a conservation area. Randy Grau stated that there are some wetlands on the property,as well as an extensive list of native plants with some exotics. No percentage of exotics is listed. Julie Cheon pointed out that the survey noted that the two lots have primarily exotic species and very few native trees or vegetation. Motion: Randy Grau made a motion to defer recommendation to the next meeting. Amy Phillips seconded the 5 motion. A vote was taken with the following results: Winston Hobgood,Agreed; Richard Grosso, Agreed;and Julie Cheon,Agreed. PARCEL NO.00214980-000000 PROPERTY OWNER: EMIL OUREDNIK Emil Ourednik stated he would like his property to remain Tier III because it makes it more valuable, but not to develop it further. The subject property is in a platted subdivision, is less than one acre, and has a 100X15-foot driveway and a 30X40-foot pad on it. Permits have been issued on the property,starting back in November 1981. The 1996 warranty deed on the property states that a floating structure is attached to the land,which is considered an improvement to real estate. Photographs were made available for the Committee. Richard Grosso recalled that the basis for the recommendation of Tier I was because the habitat on the property was one of the few last remaining very important linkages between the natural land across the road and the water. Mr.Ourednik stated that if he divided his property,the front part that includes the driveway and fill would never be designated Tier I. Julie Cheon pointed out there is no hammock on the property. Michael Roberts felt a disturbed and altered site that has been continuously inhabited for 25 years does not rise to the level of a Tier I. Amy Phillips asked what percentage of the property was wetland. Mr.Grau thought it was all wetlands except for the fill pad,driveway and walkways. Motion: Julie Cheon made a motion to revert the parcel back to its original Tier Ill designation. Winston Hobgood seconded the motion. A vote was taken with the following results: Amy Phillips,Agreed; Richard Grosso,Agreed;and Randy Grau, Agreed. PARCEL NO.00115800-000300 PROPERTY OWNER: FLORIDA KEYS SPCA Connie Christian appeared before the Committee on behalf of the property owner and informed the Committee that the subject property is mostly cleared with a house on it that was built in 1974 for employee housing. Ms.Christian asked that the property remain Tier III. Photos were provided to the Committee. The property is located on U.S.1. Winston Hobgood remembered that the Tier I designation was given to restrict any future expansion of development. Michael Roberts stated that this property would more fairly be compared to the other developed property on both sides of U.S.1 rather than the other surrounding Tier I property. The eastern portion of the property is mangrove and water, which the rules allow for protection of the mangroves. Ms. Christian advised the Committee they are not looking to develop the property further. Motion: Julie Cheon made a motion that,because of existing protection of the wetlands on the property,that it revert back to the Tier Ill designation. Randy Grau seconded the motion. A vote was taken with the following results: Amy Phillips,Agreed; Richard Grosso,Agreed;and Winston Hobgood,Agreed. A luncheon recess was held from 12:17 p.m.to 1:11 p.m. Motion: Amy Phillips made a motion that the parcel next to the Florida Keys SPCA parcel be designated Tier III. Randy Grau seconded the motion. A vote was taken with the following results: Julie Cheon,Agreed;and Winston Hobgood,Agreed. • r � PARCEL NO.00468440-000000 PARCEL NO.00468450-000000 PROPERTY OWNER: RAYMOND GIGLIO Raymond and Marilyn Giglio appeared before the Committee requesting a reconsideration of the Tier I designation on their property. Photographs were submitted. Mr. Giglio said that while the Tier I designation was based upon the Committee's belief his property consisted of upland hammock by looking at aerial photographs, it in fact is a mowed vacant lot with three trees of any significant size on it. The property should be designated Tier III, he believes,just as the lot next door owned by the Giglios is. This property is an infill area where the County comprehensive plan encourages development. Julie Cheon stated that the ground photographs submitted accurately represent the condition of the two parcels. Motion: Winston Hobgood made a motion that both properties be designated Tier Ill. Amy Phillips seconded the motion. A vote was taken with the following results: Julie Cheon,Agreed; Randy Grau,Agreed;and Richard Grosso,Agreed. PARCEL NO.00088470-000000 PARCEL NO.00088480-000000 PARCEL NO.00088630-000000 PROPERTY OWNER: SALOMON TERNER Andrew Tobin, Esquire,appeared on behalf of the property owner asking whether a recommendation had been made on the subject parcels,whether it was preliminary, and what the process will be and what the criteria is. Randy Grau explained that all recommendations at this point are preliminary. Mr.Tobin described the parcels as running from the highway to the bay with an estate- - type home on them. They are developed properties with a front buffer yard along the highway. Mr. Tobin questioned a Tier I designation on developed properties. The original designation was SPA. Phil Frank said when he was ground-truthing he could not gain access to the properties, as they were private land and were gated, but he considered it a developed subdivision with a manicured buffer with canopy along the highway. Richard Grosso addressed the issue of SPA clearing limits being the same as Tier III clearing limits,with this parcel being a good example of why SPA clearing limits should be the same as Tier I clearing limits,which would allow for continued maintenance of the development, but protect the remaining hammock. Michael Roberts supports the original SPA designation on these properties. Mr. Grau said these properties would also be a good example of why consideration should be given to allowing two different tier designations on a parcel. Mr.Tobin pointed out that there is a zoning function within the County that is different from mapping hammock,and that if the County started splitting properties into two different zoning categories the process would not work,and that these properties will continue to be developed homes protected by the open space ratio. Mr. Roberts said the zoning is suburban residential,therefore the clearing limitation of native habitat would be 40 percent. Susan Grimsley cautioned the Committee to use the criteria prescribed for the tiers. Tiffany Stankiewicz said under the land use district the suburban residential zoning category has 50 percent open space. Motion: Julie Cheon made a motion the tier designation on these properties return to SPA. Amy Phillips seconded the motion. A vote was taken with the following results: Winston Hobgood, Agreed; Richard Grosso,Agreed;and Randy Grau,Agreed. 7 PARCEL NO.00446940-000000 PROPERTY OWNER: LINDA HARPER Andrew Tobin, Esquire,appeared on behalf of the property owner. Michael Roberts informed the Committee that this parcel is currently competing in ROGO. This subdivision has been studied by the Committee extensively. Randy Grau pointed out that the habitat value of the remaining hammock in this neighborhood has been discussed significantly. Mr.Tobin asked what the difference was between staffs recommendation and the Committee's recommendation. Mr. Roberts explained that the staff felt Tier III was the appropriate designation for the subdivision. Richard Grosso reiterated the fact that the one-acre threshold has prevented the Committee from designating a property a SPA as opposed to a Tier I,and he encouraged the Committee to designate it according to how it fits in the landscape and what it is ecologically. The differences between Tier III and SPA clearing limitations and ROGO points were discussed. Mr.Tobin felt this area would eventually be developed, it was just a matter of when. Mr. Grosso asked staff for input regarding habitat in this area. Phil Frank said the difficulty with this area is that the quality of the hammock is very good, but it is very fragmented and the neighborhood is very developed. Motion: Richard Grosso made a motion that Tier I areas within Section 147A be reverted to SPA. Amy Phillips seconded the motion. A vote was taken with the following results: Randy Grau, Agreed;Julie Cheon,Agreed;and Winston Hobgood,Disagreed. PARCEL NO.00491780-000000 PARCEL NO.00491790-000000 PROPERTY OWNER: GEORGE PYRPIRIS George Pyrpiris informed the Committee his two lots have been cleared and the whole block in which they're situated is less than an acre. It is surrounded by development. Mr. Pyrpiris presented photographs of his properties. Mr. Roberts had previously requested staff look at this area and was informed the parcels surrounding the subject properties were significantly disturbed. Motion: Julie Cheon made a motion that the properties revert back to their original designation of Tier III. Amy Phillips seconded the motion. A vote was taken with the following results: Winston Hobgood, Agreed;Richard Grosso,Agreed;and Randy Grau,Agreed. PARCEL NO.00468473-019200 PROPERTY OWNER: LARGO 103, LLP Joel Reed appeared on behalf of Largo 103, LLP and informed the Committee the property was previously zoned mixed use commercial and the owner could have cleared 60 percent of the lot under the old habitat evaluation index and developed the lot. There are currently permits for 13 single-family completely sustainable homes. The hammock is of moderate quality and there are no threatened or endangered animal species on the lot. The size of the parcel is 2.08 acres. Mr. Reed went through the Tier 1 criteria and said the subject property does not meet any of that specific criteria. Mr. Reed asked how the Committee was addressing the comprehensive plan policy that Tier I was for properties greater than four acres. Susan Grimsley explained that the four-acre criteria no longer applies. Mr. Reed said the lots in the subdivision are all built out. The 40 percent clearing restrictions still exist on the lot. Julie Cheon asked for staffs thoughts on the property. Mr. Roberts does not feel it qualifies as a Tier I. Motion: Richard Grosso made a motion the property be designated SPA. Winston Hobgood seconded 8 the motion. A vote was taken with the following results: Julie Cheon,Agreed;Amy Phillips,Agreed; and Randy Grau,Agreed. PARCEL NO.00085310-000000 PARCEL NO.00085320-000000 PROPERTY OWNER: ROBERT& DEBORAH CULLIN Lauren Norman appeared on behalf of the property owners and submitted photographs. The subject properties are surrounded by a commercial development on one side and residential development on the other,and for that reason Ms. Norman requested the original Tier III designation remain. Michael Roberts stated that these properties were originally designated Tier III because it is a well-developed neighborhood. Mr. Roberts reminded the Committee that there is acknowledgement in the plan and the code that there is likely to be fragments of hammock in Tier III. The hammock on the subject properties is connected to the hammock to the north and the south. Ms. Norman said any species in that area would be deterred from using that area due to the loud nature of the commercial business on one side of it. Phil Frank said to consider a lot of this size as a migration corridor would be a stretch. Motion: Richard Grosso made a motion to redesignate these two properties as SPA. Mr. Roberts explained the effect of a property being designated SPA to Ms. Norman. Randy Grau seconded the motion. A vote was taken with the following results: Amy Phillips,Agreed;Julie Cheon,Agreed; and Winston Hobgood,Agreed. PARCEL NO.00089700-000000 PROPERTY OWNER: THOMAS CHASTEEN Thomas Chasteen praised Tiffany Stankiewicz for her efforts to help him through this process. Mr. Chasteen stated there is water, power and paved roads to properties on all three sides of the subject property. The surrounding properties are completely developed. The subject property is in the middle of the Tavernier business district. The hammock is of medium quality and there are no indigenous species on the property whatsoever. This area was dredged by the railroad originally. Mr. Chasteen said he has no intention of leveling the property, but would like to develop the property in an equitable manner. Michael Roberts said the original designation of SPA was probably due to the continguous nature of the existing hammock. Phil Frank stated it was a dilemma when looking at the last patch of hammock in an area in justifying whether to save it or not. The size of the hammock is 3.3 acres. Open space ratio and clearing limitations on the property were discussed. Motion: Randy Grau made a motion to designate the property as SPA. Amy Phillips seconded the motion. A vote was taken with the following results: Julie Cheon,Agreed; Richard Grosso,Agreed;and Winston Hobgood, Agreed. Richard Grosso again mentioned the Committee might recommend to the Board of County Commissioners the hammock clearing requirements for SPA be ratcheted up. PARCEL NO.00119030-000000 PROPERTY OWNER: CLARENCE&JACQUELINE KEEVAN Jacqueline Keevan appeared before the Committee and said in 1985 she acquired a building permit for her property. Mrs. Keevan requested that her parcel be changed to a Tier III designation. Randy Grau pointed out that this parcel is outside of the challenge area and is not up for review by the Committee. Michael Roberts told Mrs. Keevan this parcel would need to be addressed at a later date. 9 A 20-minute recess was taken for Mr. Roberts to gather the e-mails submitted by property owners. PARCEL NO.00484400-000000 PARCEL NO.00484390-000000 PROPERTY OWNER: ARMANDO CABRERA Michael Roberts presented an e-mail request of Armando Cabrera to reconsider the SPA designation. Mr. Roberts felt that the Committee should review the parcels within the hammock strip that are developed,as they don't meet the criteria for SPA. Amy Phillips stated that the problem was there were parcels that are minimally developed next to hammock. The subject properties are zoned suburban commercial. The road frontage portion of the parcels has been significantly cleared. Staff's recommendation would be Tier III as opposed to SPA. Motion: Amy Phillips made a motion that the parcels within 145E be changed to Tier Ill. Julie Cheon seconded the motion. A vote was taken with the following results: Randy Grau,Agreed;Richard Grosso,Agreed;and Winston Hobgood,Agreed. Amy Phillips asked Mr. Roberts if the SPA parcels outside the challenge area would be reviewed. Mr. Roberts assured Ms. Phillips that the County will be looking at these areas to make the entire map series consistent. MAP SERIES 71 CHALLENGE AREA 467E Michael Roberts asked Phil Frank to describe his findings in Area 467E. Dr. Frank said the first green polygon on the left is pretty much solid Brazilian pepper. Moving down the map,the series of three or four lots has all been scarified and filled. It has some wetlands in it, but it is mostly Brazilian pepper. The County asked the Committee to reconsider the four parcels in the challenge area being Tier III. Richard Grosso asked about the secondary development implications if the properties were developed. Dr. Frank felt the area to the north is only potentially buildable,as it is freshwater wetlands. The secondary impacts are a few more people living on a street where there are already people. Dr. Frank then described the big parcel on Date Palm as being scarified. The zoning on the long property along the water is native area and the rest is improved subdivision. The mangroves are already protected. Motion: Randy Grau made a motion that all parcels being discussed in 467D and 467E be reverted to Tier Ill. Julie Cheon seconded the motion. A vote was taken with the following results: Amy Phillips, Disagreed;Richard Grosso,Disagreed;and Winston Hobgood, Disagreed. Motion: Randy Grau made a motion that the four Tier I lots in 467E revert back to Tier Ill. Julie Cheon seconded the motion. A vote was taken with the following results: Amy Phillips,Agreed; Richard Grosso,Disagreed;and Winston Hobgood,Agreed. Motion: Julie Cheon made a motion Area 467D revert back to Tier Ill. Randy Grau seconded the motion. A vote was taken with the following results: Amy Phillips,Disagreed; Richard Grosso, Disagreed;and Winston Hobgood,Disagreed. 10 PARCEL NO.00209210-000000 PROPERTY OWNER: DAVID& KERRY CROMIE Michael Roberts read a letter submitted by the property owners concerning the property behind their property being designated Tier I. Randy Grau stated it seemed like a nonissue. PARCEL NO.00489490-000000 PROPERTY OWNER: ANGEL&TOMASA PEREZ Michael Roberts informed the Committee the Perezes are requesting their property remain Tier III. Julie Cheon stated Area 144/145 was an example of fragments of hammock within developed subdivisions. Motion: Julie Cheon made a motion that the five SPA properties within 144/145 be designated Tier Ill. Amy Phillips seconded the motion. A vote was taken with the following results: Richard Grosso,Agreed;Winston Hobgood,Agreed;and Randy Grau,Agreed. Motion: Amy Phillips made a motion that the parcels down the street from those previously designated be designated Tier Ill as well. Julie Cheon seconded the motion. A vote was taken with the following results: Winston Hobgood,Disagreed;and Richard Grosso, Disagreed. Julie Cheon stated it didn't meet the one-acre criteria. Discussion was had concerning property sizes. Motion: Randy Grau made a motion,based on new information the property was under an acre,the aforementioned parcels be designated Tier III. Julie Cheon seconded the motion. A vote was taken with the following results: Winston Hobgood,Disagreed;Richard Grosso, Disagreed;and Amy Phillips,Agreed. Randy Grau asked if the"no"votes on the prior motion was because of the acreage limitation. Winston Hobgood stated he didn't feel the size was binding criteria. Richard Grosso feels the classification should not depend upon a specific acreage size, but importance of the hammock. Amy Phillips would prefer development go in an area already 90 percent developed. Michael Roberts said staff shares the struggle in preserving hammock and at the same time pushing growth to infill areas. Mr. Hobgood feels it is still necessary to preserve the hammock. Mr. Roberts cited the Keys' more stringent clearing restrictions compared to other areas in the state. Mr.Grosso pointed out that the Florida Keys are unique and cannot be compared to other areas in the state, and stated it is easier to protect these areas at the beginning of this process rather than trying to protect them later. Mr.Grau still has concerns using the arbitrary one-acre threshold and wants to recommend to the Board of County Commissioners reconsideration of that criteria. The meeting was adjourned at 4:49 p.m. 11