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PC Minutes 08/20/2010 MINUTES OF THE TIER DESIGNATION REVIEW COMMITTEE Regular Meeting Tier Designation Review Committee Friday,August 20, 2010 Marathon, Florida A regular meeting of the Tier Designation Review Committee convened at 9:15 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; 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. Michael Roberts called the roll. PUBLIC PRESENTATIONS(CONT.) PARCEL NO.00117630-000000 PROPERTY OWNER: ALISON MERKEY Glenn Merkey appeared before the Committee and informed the Committee that the subject property has been designated Tier III for the last 33 years. The land was dredged and filled in the 1950s with the approval of the Army Corps of Engineers. Ms. Merkey does not want to surrender the use of her property so that ROGO points can be used to develop other properties elsewhere and does not believe due process is being demonstrated. A request was made for the subject parcel to remain a Tier III. Randy Grau reminded Ms. Merkey that the is not the final step in the process. Michael Roberts addressed the due process question. The Tier Designation Review Committee has been charged with making a recommendation to the County on the tier designation of the parcels brought by Everglades Law Center,as well as properties requested by property owners or staff in 2006 by a resolution of the Board of County Commissioners to have the tier designation reevaluated. The recommendations will go from this Committee to the Deveopment Review Committee,and from there to the Planning Department, both of which are public hearings, and then to the Board of County Commissioners for final action. Richard Grosso asked about the natural conditions on the site. Ms. Merkey said it was dredged and filled. Phil Frank described the property as part of it being scarified and part of it being mangroves, with the usable portion having no environmental value. It doesn't meet the criteria for Tier I and protections for the mangroves are already in place. The acreage is.92 acre. Richard Grosso asked about secondary impacts to the surrounding Tier I property if this parcel were to be further developed. Phil Frank answered cats were the biggest concern. Mr. Roberts pointed out that potential secondary impacts would be buffered by the mangroves themselves,as the potential 1 developable areas on the property are the scarified areas to the north between the mangrove area and the canal. Motion: Randy Grau made a motion to revert the subject property back to Tier III. Julie Cheon seconded the motion. A vote was taken with the following results: Amy Phillips, Disagreed; Richard Grosso,Agreed;and Winston Hobgood,Agreed. PARCEL NO.00480460-000000 PARCEL NO.00480650-000000 PROPERTY OWNER: SHARON ALBURY Sharon Albury appeared before the Committee and informed the Committee her properties are located in an area that is about 98 percent developed. The subject parcels are undeveloped and sit between two houses. A request was made for the properties to remain Tier III. The properties were shown to be in the Florida Forever Land Acquisition list on the maps. Randy Grau explained to the property owner how properties can end up on the Florida Forever list. Phil Frank explained to Ms.Albury how to be taken off that list. Dr. Frank felt a property being part of Florida Forever does not automatically make it a Tier I designation. Amy Phillips informed the Committee that the state is in the process of taking properties out of Florida Forever, but the process in the Florida Keys area has not begun. Michael Roberts pointed out that these two lots are the only two in the entire subdivision not developed. There is complete infrastructure to the subdivision. The connection of these properties to the natural area to the south could raise the designation to SPA. Motion: Richard Grosso made a motion that the two subject properties be designated SPA. Winston Hobgood seconded the motion. A vote was taken with the following results: Amy Phillips,Agreed; Randy Grau,Agreed;and Julie Cheon,Agreed. PARCEL NO.00501270-000000 PROPERTY OWNER: ROSEMARY GAMBINO Seth Gambino appeared before the Committee on behalf of his mother, Rosemary Gambino. A request was made to change the designation from SPA to Tier III. Michael Roberts reminded the Committee yesterday they recommended that the parcel with the home on it next to the subject property be Tier III. Amy Phillips informed Mr. Roberts the property is outside the challenge area. Mr. Roberts said both properties were being reviewed at the same time since the family owns both parcels. Wayne Whitley informed the committee on the maps it was showing as one parcel. Richard Grosso said he thought that would make the lot automatically a Tier I since it was adjacent to a Tier I lot. Randy Grau felt the issue of aggregating and dividing lots should be addressed in the final recommendations to the Board of County Commissioners. Christine Hurley explained if there is a parcel split,the Committee should examine the habitat within each parcel. Mr.Grosso is more concerned with property owners of undeveloped lots acquiring adjacent developed lots,thereby giving the undeveloped lot a Tier III designation. Ms. Hurley suggested a potential provision in the code to say if parcels are aggregated,the boundary shall be related to habitat. Photographs were presented to the Committee 2 Mr. Roberts said the aggregation of the two parcels would make this entire parcel a Tier III. Rebecca Jetton expressed her concern of property owners aggregating or subdividing their property and is of the opinion an application for rezoning would be necessary. Mr. Grosso shared her concern. Ms. Hurley read a portion of the code she felt addressed that concern, and believes the Committee has the leeway to split the designation if there is a parcel line. A 20-minute recess was held. PARCEL NO.00210811-007000 PROPERTY OWNER: RICHARD REYNOLDS Richard Reynolds appeared before the Committee. A packet of information was handed out. A building permit has been issued on the property as of January 15, 2010. An exotic invasive removal permit is currently active on the property. There was a voluntary dismissal from the Department of Community Affairs based on environmental conditions on the lot. The little bit of vegetation left within the footprint of development after the invasive exotic removal will be cleared when building occurs. A request was made to reconsider the Committee's former Tier I recommendation. Rebecca Jetton informed the Committee the DCA did appeal the permit being issued on this property,and agreed there is virtually nothing left on this lot. Richard Grosso asked how changing the subject property's tier designation would affect the Tier I designation of the adjacent property. Mr. Roberts pointed out the connection to the Tier I area to the south of the street. Motion: Richard Grosso made a motion to designate the property Tier Ill. 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.00447500-000000 PARCEL NO.00447510-000000 PROPERTY OWNER: PETER&OLINGA FLISOCK Michael Roberts presented the subject parcels to the Committee. Randy Grau informed Mr. Roberts these parcels were changed to SPA yesterday. The property owners had requested a Tier III designation, but submitted no specific information on the properties. Motion: Winston Hobgood made a motion to leave the SPA designation. Randy Grau seconded the motion. A vote was taken with the following results: Amy Phillips,Agreed; Richard Grosso,Agreed;and Julie Cheon,Agreed. PARCEL NO.00491670-000000 PROPERTY OWNER: ED LEWIS, LLC Michael Roberts presented the parcel to the Committee. The recommendation was changed to Tier III from SPA yesterday. No action needed. PARCEL NO.00464970-000000 PARCEL OWNER: REGINALD ROTHING Michael Roberts presented the subject parcel to the Committee. Mr. Roberts asked the Committee to take a closer look at Polygon 124/114 due to the number of parcels designated SPA in this area that have houses on them. The understory in the majority of the developed lots is nonexistent. 3 Mr. Roberts requested changing the whole polygon to Tier III. Motion: Amy Phillips made a motion that all parcels within Polygon 124/114 be changed to Tier Ill. Julie Cheon seconded the motion. The fragmentation of the hammock was discussed. A vote was taken with the following results: Winston Hobgood,Agreed;Randy Grau,Agreed;and Richard Grosso,Agreed. PARCEL NO.00483390-000000 PROPERTY OWNER: KEY LARGO OCEAN RESORTS CO-OP, INC. Kent Robbins, Esquire,appeared before the Committee on behalf of the owner. A survey and site plan for development was submitted to the Committee. The vacant parcel that consists of hardwood hammock is incorporated into the site plan. The hammock is part of the open space calculation on the property. The owner is concerned a change of tier designation on this parcel would inhibit the ability to proceed forward with the development agreement. The parcel was used as boat storage. Mr. Robbins assured the Committee the owners do not intend to develop this parcel. Michael Roberts stated there is nothing in the current comprehensive plan or code that precludes Tier I properties from being counted as open space. The hammock is relatively intact and transitions from hammock down to wetland area adjacent to the coast. Mr. Robbins said another modification to the development agreement would have to be made if the Tier I designation stands because a tennis court was proposed for that specific area. Mr. Roberts said further clearing would be subject to the clearing requirements of the code right now,which would be 20 percent of the hammock area. The owners would be willing to enter into a covenant to preserve this area as open space. Motion: Winston Hobgood made a motion the property remain Tier I. Julie Cheon seconded the motion. A vote was taken with the following results: Randy Grau,Agreed;Amy Phillips,Agreed;and Richard Grosso,Agreed. PARCEL NO.00085310-000000 PARCEL NO.00085320-000000 PROPERTY OWNER: ROBERT& DEBORAH CULLIN Michael Roberts presented the subject property to the Committee. The recommendation was made yesterday to change the designation from a Tier Ito a SPA. No action needed. PARCEL NO.00141380-000000 PROPERTY OWNER: ROBERT STONE Michael Roberts presented the subject property to the Committee. The parcel is across from Geiger Key Marina and the buildable lots in the area are all developed. Brazilian pepper and Australian pine are dominant on this property. The wetlands are heavily disturbed. Mr. Roberts said the condition of the habitats within this subdivision make it questionable if any of the listed species would utilize said habitats. Julie Cheon said from her visit to this area,she doesn't feel it meets any of the criteria for a Tier I designation. Phil Frank doesn't feel it has any habitat value. The Navy Owns the Tier I land on the west side of Geiger Road. Tiffany Stankiewicz said this property is in the AQ zone. Mr. Roberts advised the Committee staffs recommendation would be to make the parcels on the west side of Boca Chica Road Tier I,and then make the parcels in the subdivision on the east side Tier III. Motion: Randy Grau made a motion to make the entire challenge area Tier III,with the exception of from the west of Boca Chica Road up to the first private residence and canal being Tier I. 4 Amy Phillips seconded the motion. A vote was taken with the following results: Julie Cheon,Agreed; Winston Hobgood, Disagreed,and Richard Grosso, Disagreed. Mr. Roberts recommended the subdivision be made a Tier III,and carrying it to the west side in from this point north in the challenge area,and leaving the remainder alone. Motion: Julie Cheon made a motion to make all the parcels on the east side of the road in the subdivision and from the back of the first house on Geiger Road up to the canal Tier III. Amy Phillips seconded the motion. A vote was taken with the following results: Winston Hobgood, Disagreed; Randy Grau,Agreed;and Richard Grosso,Disagreed. PARCEL NO.00115840-000500 PROPERTY OWNER: JOLYNN CATE REYNOLDS Jim Reynolds appeared before the Committee regarding the subject property. The property consists of fill, construction debris, a lot of exotics and wetlands. Work has been done to divide the property into two different parcels. Pat McNeese was hired by the owners, and she performed a vegetation survey,as well as a tier designation analysis. Ms. McNeese feels the property better meets a Tier III designation. The owners would like to preserve their development rights to develop the southernmost portion in the future, and create a conservation easement on the other portion. The property is currently zoned suburban residential,and its size is 4.6 acres. Julie Cheon feels this property is similar to the Florida Keys SPCA property,which consisted of some developable land and otherwise mostly wetlands. Winston Hobgood pointed out that the SPCA property already had development on it. Motion: Winston Hobgood made a motion the property remain Tier I. Michael Roberts said the connection to the large habitat area would be across U.S.1. Phil Frank described the property as buttonwood freshwater wetland, understory of sawgrass and overstory of buttonwood,with a fill pile in the back. The property is within Florida Forever. The wetlands have protections afforded to them already in place. Motion: Randy Grau made a motion to defer the vote to next month after having a chance to look at the property closer. Julie Cheon said the time to consider it was now since the property owner has brought in evidence, which the Committee asked him to do. Motion: Julie Cheon made a motion the property be designated Tier III. Amy Phillips seconded the motion. Michael Roberts felt that is an appropriate designation. A vote was taken with the following results: Randy Grau,Agreed;Winston Hobgood,Disagreed;and Richard Grosso, Disagreed. PARCEL NO.00122080-000200 PROPERTY OWNER: BASIN DEVELOPMENT CO., LLC Steve Henson appeared before the Committee and deferred his presentation to Owen Trepanier,a land planner. An information packet was distributed to the Committee. The property is part of an overall industrial site, it is zoned industrial,and there are industrial activities commencing on the site presently. There is no upland hammock,there are invasize exotics on the property,and the property is not a known location of threatened or endangered species. It does not connect upland 5 habitat and does not serve as a buffer to upland habitat. The property has wetlands on it,which are afforded the protection that any wetland has. A request was made to have the designation be changed to Tier Ill. Phil Frank does not think it is an area used by shore birds and does not see the property as a Tier I, but more of a Tier Ill. Motion: Julie Cheon made a motion to change the designation to Tier Ill. Winston Hobgood seconded the motion. A vote was had with the following results: Amy Phillips,Agreed; Richard Grosso,Agreed;and Randy Grau,Agreed. Mr.Trepanier asked the Committee to reconsider the parcel adjacent to the subject property for another of his clients. Michael Roberts said the Committee could not do that today. A luncheon recess was held from 12:29 p.m.to 1:18 p.m. PARCEL NO.00222780-000000 PROPERTY OWNER: EDWARD&BRENDA FARMER Edward Farmer appeared before the Committee and deferred his presentation to Ty Symroski. Mr.Symroski informed the Committee that the subject property sits on what used to be a farm. The land is level and rocky. This area of Little Torch is very low. An appraisal from 1948 and photographs were submitted. Aerial photographs from 1959 show this area as having been cleared. Currently there are a lot of Brazilian peppers and sopidilla trees on the property,as well as a large mowed area. A request was made to have the designation return to Tier Ill. Randy Grau explained to Mr.Symroski that the Committee has to designate an entire parcel a tier. The house is zoned URM and the back of the property is zoned native. Phil Frank said before the owners of the farm started selling off chunks of hammock to neighboring home owners the hammock had a lot of management potential as a hammock. Mr.Symroski felt the area should have been zoned suburban residential. Mr. Grau listed one of the criteria from Tier I is property that could be restored hammock if it were allowed to grow in. The entire parcel,is mapped as hammock except for the developed portion. Mr.Grau told the property owner that the tier designation does not affect his existing development,that his house could be rebuilt or replaced if destroyed in a hurricane. Mr. Farmer expressed his desire to relocate the structure in the future to the cleared area more to the middle of the property. Mr. Roberts said as long as that didn't require him to compete in ROGO that that should be doable. Motion: Winston Hobgood made a motion to leave the recommended designation Tier I. Julie Cheon seconded the motion. A vote was taken with the following results: Randy Grau,Agreed; Richard Grosso,Agreed;and Amy Phillips,Agreed. PARCEL NO.00465070-000000 PROPERTY OWNER: THOMAS NOLT Thomas Nolt appeared before the Committee. Michael Roberts informed Mr. Nolt that earlier today his property was designated a Tier Ill. 6 I � PARCEL NO.00447360-000000 PARCEL NO.00447370-000000 PROPERTY OWNER:.RAUL&DINORAH LOPEZ Mr. Roberts informed the Committee that the next scheduled speaker, Raul Lopez,was not present. Motion: Julie Cheon made a motion to defer discussion of this property to the end of the public hearing presentation process. Amy Phillips seconded the motion. A vote was taken with the following results: Winston Hobgood,Agreed;and Randy Grau,Agreed. PARCEL NO.00447570-000000 PROPERTY OWNER: OSCAR&MARTHA HERNANDEZ Oscar Hernandez appeared before the Committee with his son,Aramis Hernandez, Esquire. Michael Roberts informed the Committee the subject property was changed from a Tier Ito a SPA at yesterday's meeting. Mr.Aramis Hernandez told the Committee that the property is surrounded by developed parcels on three sides and the parcel across the street has a building permit currently,and doesn't understand how his father's property could be considered environmentally sensitive. The map overlay showed the property as not being mapped as hammock. Motion: Winston Hobgood made a motion to designate this property as Tier Ill. Julie Cheon seconded the motion. Richard Grosso asked if this was the property that was verified to be or not to be hammock by a County biologist back at the March TDRC meeting. Nobody could recall. Phil Frank said applying corridor and connectivity criteria to a parcel of this size does not work. A vote was taken with the following results: Randy Grau,Agreed; Amy Phillips,Agreed;and Richard Grosso, Disagreed. PARCEL NO.00118420-000000 PARCEL NO.00118470-000000 PROPERTY OWNER: LLOYD A. GOOD Karen Demaria appeared before the Committee representing Lloyd Good, also present, regarding the subject properties. Aerial photographs and surveys were submitted to the Committee. The process has been started with the County to parcel the property out into smaller pieces,and the owners would like to have the blessing of the Committee to have the disturbed and developed parcels designated Tier III. Michael Roberts confirmed that Mr. Good has approached the County with this desired reparceling and had recommended to Mr.Good he ask the Committee if they would support a Tier III designation for the developed portions of the lodge. Motion: Winston Hobgood made a motion to support the concept of parceling out these properties and changing tier designations where appropriate. Julie Cheon seconded the motion. The County has made recommendations to Mr. Good so as his site plan does not become nonconforming with the open space requirements. Mr. Roberts explained that any proposed redevelopment on the site would still be essentially within the existing footprint,so secondary impacts would be very limited. A vote was taken with the following results: Randy Grau,Agreed;Amy Phillips,Agreed;and Richard Grosso,Agreed. PARCEL NO.00447360-000000 PARCEL NO.00447370-000000 PROPERTY OWNER: RAUL& DINORAH LOPEZ Tiffany Stankiewicz informed Michael Roberts that Raul Lopez would not be able to attend the meeting, but that he requested his properties be reviewed. The subject properties are outside of the 7 challenge area, but are part of the BOCC resolution parcels. Motion: Winston Hobgood made a motion that the designations remain the same. Richard Grosso seconded the motion. A vote was taken with the following results: Amy Phillips,Agreed;Randy Grau,Agreed;and Julie Cheon,Agreed. PARCEL NO.00200610-000000 PARCEL NO.00200710-000000 PROPERTY OWNER: BERGIN TRUST Karen Demaria appeared before the Committee on behalf of the Bergin Trust to discuss the waterfront lot. This lot is in the process of being removed from Florida Forever. The lot has no hammock on it, nor has any hammock adjacent or contiguous to it. The property consists of three parts: Disturbed scarified upland area in the front,wetland shoreline along the back,and toward the south is disturbed exotic vegetation. A request was made for a Tier III designation. Motion: Julie Cheon made a motion that the property revert back to Tier Ill. Richard Grosso asked about wildlife habitat in the area. Phil Frank explained there is good hammock in the area,some nice wetlands, but that the subject property is an old carnival site and having a house or two on it would be good use of this particular property. Amy Phillips seconded the motion. A vote was taken with the following results: Randy Grau,Agreed;Richard Grosso,Agreed;and Winston Hobgood,Agreed. PARCEL NO.00117370-000000 PROPERTY OWNER: STEVE&DEBORAH HENSON Steve Henson appeared before the Committee to discuss the subject property. The parcel to } the west of the subject parcel has already been filled. Fill and clearing permits have previously been issued for this property, as well as a permit to install a 330-foot dock which goes through the transitional wetland and mangrove area. There was a ruling by a special magistrate in 2005 to designate the parcel a Tier III. A request was made to accept that ruling based on prior permitting activity. There is a ROGO exemption letter that goes with this property. Motion: Julie Cheon made a motion to designate this property Tier Ill to be consistent with the Committee's prior recommendations on properties where the only habitat is wetland habitat, which has protections already in place for them. Mr. Henson stated the property has utilities, but no sewer yet. An information packet was provided to the Committee. Amy Phillips seconded the motion. A vote was taken with the following results: Winston Hobgood,Agreed; Randy Grau,Agreed;and Richard Grosso,Agreed. PARCEL NO.00118210-000000 PROPERTY OWNER: ALAMO, LLC Steve Henson appeared on behalf of the corporate owner. Permits have been issued on this property to rebuild it, put in a parking lot, drainage,etc. The building is located on the eastern half of the property. In 2005 a special magistrate upheld the owner's appeal for the property to remain Tier III based on its prior use and construction and the fact it has residential development directly to the south of it. The property is located on U.S.1. A vegetation survey shows 90 percent of the vegetation is Brazilian pepper. The property is highly disturbed and contains foundation from an old building on it,also a lot of trash and debris. A request was made to have the property designated Tier III. Mr. Henson said that he cannot build any 8 more buildings on the property under the mixed use residential zoning, but he just wants to clear the property of the exotics and trim up the native vegetation. Michael Roberts clarified tht what was appealed to the special magistrate was a Tier I designation of the property and the special magistrate supported the property owner in designating it a Tier III. This parcel is a BOCC resolution parcel, not in the challenge area. Julie Cheon wished to review the vegetation survery before voting. Phil Frank agreed that the Brazilian peppers is dominant on the property. Motion: Julie Cheon made a motion to change the property's designation to Tier III. Mr. Roberts doesn't feel changing this property's designation would call for wholesale change of designation of the Tier 1s in the area. Phil Frank said the mapping of this area is questionable. Tiffany Stankiewicz said a Tier III designation would not allow Mr. Henson to develop the property any further at this point. Randy Grau seconded the motion. A vote was taken with the following results: Winston Hobgood, Agreed;Amy Phillips,Disagreed;and Richard Grosso, Disagreed. A ten-minute recess was held. PARCEL NO.00117500-000700 PARCEL NO.00117500-003200 PARCEL NO.00117500-003300 PARCEL NO.00117500-003700 PROPERTY OWNER: ROGER AKERS Roger Akers appeared before the Committee to address his four properties, one four-acre parcel and three one-acre parcels. The property is scarified. There are utilities on the property except sewer. The four-acre parcel is wetlands. There are a lot of exotics on the property. Mr.Akers has never seen rabbits or deer on his property. A request was made for a Tier III designation. Randy Grau explained this is an area that is connected in one big systems that has every kind of habitat and that is why there are times when wetlands can be in Tier I. A lot of the property in this area is in Florida Forever. Julie Cheon feels that the Tier I designation does not include wetland habitats. Motion: Julie Cheon made a motion these four properties be designated Tier Ill. Motion died. Motion: Richard Grosso made a motion to retain the Tier I designation. Winston Hobgood seconded the motion. A vote was taken with the following results: Randy Grau,Agreed;Amy Phillips, Agreed;and Julie Cheon, Disagreed. PARCEL NO.00119030-000000 PARCEL NO.00119060-000000 PARCEL NO.00119100-000000 PARCEL NO.00119130-000000 PARCEL NO.00119150-000000 PARCEL NO.00119190-000000 PARCEL NO.00119200-000000 PARCEL NO.00119210-000000 PARCEL NO.00119240-000000 PROPERTY OWNER: CLARENCE AND JACQUELINE KEEVAN 9 Jacqueline Keevan appeared before the Committee. A request was made to have the subject properties changed from Tier Ito Tier IIIA. Lots 6,5 and 17 were zoned SS. The future map shows these lots under a new designation of residential low and residential conservation. Randy Grau explained that the zoning will probably not affect how the Committee voted on its tier designation. These properties have been in the Keevan family for the last 30 to 40 years, and the family wishes to build a family compound on the properties and keep the area as natural as possible. Mr.Grau explained that when he visited these parcels they met every criteria of Tier I that is listed and there is nothing to justify changing the current designation of Tier I. Julie Cheon said she didn't think the wetland properties should be Tier I. Mrs. Keevan informed the Committee there are utilities to the properties. Motion: Randy Grau made a motion to leave the properties as Tier I. Amy Phillips seconded the motion. A vote was taken with the following results: Winston Hobgood, Agreed;Richard Grosso,Agreed;and Julie Cheon,Disagreed. PARCEL NO.00186400-000000 PROPERTY OWNER: JANET BURGESS Michael Roberts recited a letter of current site condition on the subject property to the Committee that said the lot does not meet the wetland criteria and is therefore considered upland. The parcel is competing in ROGO. The original County ordinance had this entire area designated as Tier III. Motion: Winston Hobgood made a motion that the recommendation of a Tier I designation remain. Amy Phillips seconded the motion. A vote was taken with the following results: Richard Grosso, Agreed; Randy Grau,Agreed;and Julie Cheon, Disagreed. PARCEL NO.00186410-000000 PROPERTY OWNER: MARK HEISTAND Michael Roberts drew the Committee's attention to the photographs submitted of the subject property. The information given to Mr. Roberts by the property owner was that the lot contains no hardwood hammock,an exotic removal permit has been obtained,there are houses across the street and up the block, and there are no wetlands on the property. Richard Grosso asked what was the initial basis for a Tier I recommendation. Phil Frank said it was based on the fact this was a contiguous block of wetlands the Committee felt was worth saving. Staff's recommendation was for a Tier III. Dr. Frank suggested a compromise would be to take out the two parcels that have roads to them and preserve the roadless portion. Secondary impacts were felt to be minimal. Motion: Julie Cheon made a motion that the two parcels with roads to them be changed to Tier Ill. Randy Grau seconded the motion. A vote was taken with the following results: Amy Phillips,Agreed;Winston Hobgood,Agreed;and Richard Grosso,Agreed. PARCEL NO.00522140-000000 PROPERTY OWNER: DEBORAH AYOTTE&JOHN POLIVICK Michael Roberts presented the Committee with the biological report that the property owner submitted containing the following information: The lot was dredged and filled in the past, both surrounding lots have existing homes on them, mangroves have been allowed to grow along the intertidal zone of each lot,the portion under consideration for development is upland from the high tide and marine vegetation line, and the true wetlands on the site are south of the property line. Close-up 10 /y � aerial topography show Australian pines and heavily scarified areas. Salvador Gutierrez,the owner of Lot 5,was present. Mr. Roberts recommended the subject property,as well as Lot 5, be designated Tier III. Motion: Julie Cheon made a motion to change the designation of the subject property and Lot 5 to Tier Ill. Amy Phillips seconded the motion. A vote was taken with the following results: Winston Hobgood,Agreed; Randy Grau,Agreed;and Richard Grosso,Agreed. A five-minute recess was held. PARCEL NO.00171130-000000 PARCEL NO.00171140-000000 PROPERTY OWNER: MARK SMITH Michael Roberts informed the Committee that the property owner of the subject property has informed him that there have been some exotic removal permits on the properties obtained and,as is obvious from the map,they don't consist of hammock. There is a canopy, but no understory. There are two adjacent houses, both within the challenge area and outside of the challenge area. Mr. Roberts felt it would be appropriate to extend the Tier III designation to the three lots in the area. Motion: Randy Grau made a motion to designate those three lots Tier Ill. Julie Cheon seconded the motion. A vote was taken with the following results: Amy Phillips,Agreed;Richard Grosso,Agreed;and Winston Hobgood,Agreed. Ara Nersesyan wanted to address the Committee regarding Challenge Area 143C of Map Series 23. These lots are close to Mr. Nersesyan's lots. Mr. Nersesyan does not own these parcels and wished to speak for the owners, although the owners did not request him to speak on their behalf. Randy Grau felt the presentation would not be appropriate. Mr. Nersesyan wanted to review the administrative law judge's order. Mr.Grau assured him he would be reading it again in the future. Randy Grau adjourned the meeting at 4:36 p.m. 11