Item Q7BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 17, 2012 Division: Growth Management
Bulk Item: Yes _ No X Department: Planning & Environmental Resources
Staff Contact Person/Phone #: Christine Hurley — 289-2500
Michael Roberts - 289-2502
AGENDA ITEM WORDING: A public hearing to consider an Ordinance by the Monroe County Board of
County Commissioners amending the Tier Overlay District designation from Tier I to Tier III for property
owned by Stephen Rohaty; Legally described as Tract A Porpoise Point, Section Two, according to the Plat
thereof, as recorded in Plat Book 5, Page 111, of the Public Records of Monroe County Florida; located on Big
Coppitt Key and having real estate number 00154870-000000; providing for severability; providing for repeal
of conflicting provisions; providing for transmittal to the State Land Planning Agency and the Secretary of
State; providing for an effective date.
ITEM BACKGROUND:
The subject parcel consists of disturbed saltmarsh/buttonwood wetlands and does not contain any native upland
habitats. The physical characteristics of the site do not meet the Tier I criteria of Policy 205.1.1
Policy 205.1.1
The County shall establish the following criteria at a minimum to use when designating Tiers: [9J-
5.013(2)(c)9]
1. Land located outside of Big Pine Key and No Name Key shall be designated as Tier I based on
following criteria:
• Natural areas including old and new growth upland native vegetated areas, above 4 acres in area.
• Vacant land which can be restored to connect upland native habitat patches and reduce further
fragmentation of upland native habitat.
• Lands required to provide an undeveloped buffer, up to 500 feet in depth, if indicated by appropriate
special species studies, between natural areas and development to reduce secondary impacts; canals or
roadways, depending on size may form a boundary that removes the need for the buffer or reduces its
depth.
• Lands designated for acquisition by public agencies for conservation and natural resource protection.
• Known locations of threatened and endangered species.
• Lands designated as Conservation and Residential Conservation on the Future Land Use Map or within
a buffer/restoration area as appropriate.
• Areas with minimal existing development and infrastructure.
PREVIOUS RELEVANT BOCC ACTION: n/a
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: Approval
TOTAL COST: INDIRECT COST: _
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
REVENUE PRODUCING: Yes No
BUDGETED: Yes No
SOURCE OF FUNDS:
AMOUNT PER MONTH Year
APPROVED BY: County Atty x OMB/Purchasing Risk Management _
DOCUMENTATION: Included x Not Required
DISPOSITION: AGENDA ITEM #
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ORDINANCE - 2012
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING THE TIER OVERLAY DISTRICT
DESIGNATION FROM TIER I TO TIER III FOR PROPERTY OWNED BY
STEPHEN ROHATY; LEGALLY DESCRIBED AS TRACT A PORPOISE
POINT, SECTION TWO, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 5, PAGE 111, OF THE PUBLIC RECORDS OF
MONROE COUNTY FLORIDA; HAVING REAL ESTATE NUMBER
00154870-000000; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE
SECRETARY OF STATE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Monroe County Development Review Committee considered the proposed
amendment at a regularly scheduled meeting held on the 24th day of July, 2012; and
WHEREAS, at a regularly scheduled meeting held on the 29d' day of August, 2011, the
Monroe County Planning Commission held a public hearing for the purpose of making a
recommendation to the Monroe County Board of County Commissioners to amend the Tier
Overlay District Map; and
WHEREAS, the Monroe County Planning Commission made the following findings:
1. The subject property is located adjacent to U.S. Highway 1 on Big Coppitt Key and
consists of wetland plant communities.
2. The Department of Community Affairs issued an Amended Final Order No. DCA 07-GM-
166A on January 2, 2008 that included the determination by the Administrative Law Judge
(ALJ) that the criteria for Tier I designation does not include wetland habitats.
3. Real Estate Number 00154870-000000 contains wetlands and is not contiguous with native
upland habitat nor is it part of a larger system containing native upland vegetation.
4. The proposed Tier map amendment is consistent with Section 130-130(e). The tier overlay
district map may be amended to reflect existing conditions in an area if warranted because
48 of drafting or data errors or regrowth of hammock. The subject property does not meet the
49 Tier I criteria specified by Section 130-130(d), Monroe County Code; and
50
51 WHEREAS, at a regularly scheduled hearing held on the 17th day of October, 2012, the
52 Monroe County Board of County Commissioners adopted the findings of the Planning
53 Commission; and
54
55 WHEREAS, the parcel legally described as Tract A Porpoise Point, Section Two,
56 according to the Plat thereof, as recorded in Plat Book 5, Page 111, of the Public Records of
57 Monroe County Florida; having real estate 00154870-000000 does not meet the criteria for
58 Tier I designation as provided in Comprehensive Plan Policy 205.1.1.
59
60 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
61 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
62
63 Section 1.
64 The Tier designation on the Tier Overlay District Map for one (1) parcel, legally described as
65 Tract A Porpoise Point, Section Two, according to the Plat thereof, as recorded in Plat Book 5,
66 Page 111, of the Public Records of Monroe County Florida; having real estate 00154870-000000
67 shall be amended from Tier I to Tier III as shown on Exhibit 1, attached hereto and incorporated
68 herein.
69
70 Section 2. Severability.
71 If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be
72 adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect,
73 impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be
74 confined to the section, paragraph, subdivision, clause, sentence, or provision immediately
75 involved in the controversy in which such judgment or decree shall be rendered.
76
77 Section 3. Conflicting Provisions.
78 In the case of direct conflict between any provision of this ordinance and a portion or provision of
79 any appropriate federal, state, or County law, rule code or regulation, the more restrictive shall
80 apply.
81
82 Section 4. Transmittal.
83 This ordinance shall be transmitted by the Director of Planning and Environmental Resources to
84 the Florida State Land Planning Agency as required by Section 380.05(6) and (11), F.S. and
85 Section 389.0552(9), F.S.
86
87 Section 5. Filing.
88 This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not
89 become effective until a notice is issued by the Florida State Land Planning Agency or
90 Administration Commission approving the ordinance.
91
92 Section 6. May Depiction. The changes listed above are shown on Exhibit 1 attached; those
93 changes are to be reflected in the County's GIS system and as amendments to the Tier Overlay
94 District Maps adopted by Ordinance 013-2006 on March 21, 2006 and supersede any other maps
95
96 Section 7. Effective Date.
97 This ordinance shall become effective as provided by law and stated above.
98
99 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
100 at a regular meeting held on the day of , 2012.
101
102
103 Mayor David Rice
4 Mayor pro tem Kim Wigington
10Commissioner Heather Carruthers
105 Commissioner George Neugent
10
106 Commissioner Sylvia Murphy
108
110 BOARD OF COUNTY COMMISSIONERS OF MONROE
110
ill COUNTY, FLORIDA
112
113 BY
114 Mayor David Rice
115
116
117 (SEAL)
118
119 ATTEST: DANNY L. KOLHAGE, CLERK
120
121
122
123 DEPUTY CLERK
124
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MONROE COUNTY PLANNING & ENviRoNMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional and fair
To:
Through:
From:
Date:
Subject:
Monroe County Board of County Commissioners
Christine Hurley, Growth Management Division Director
Michael Roberts, Sr. Administrator, Environmental Resources
September 28, 2012
Request for an Amendment to the Tier Map from Tier I to Tier III, Stephen
Rohaty, Vacant Land, Big Coppitt Key, having real estate no. 00154870.000000
Meeting: October 17, 2012
I REQUEST
A request for approval to amend the tier designation for Parcel # 00154870-000000 from Tier
I to Tier III.
Subject Parcel (outlined in blue) (2012)
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Location:
Address: No address per the Property Appraiser Records
5 Legal Description: Tract A Porpoise Point, Section Two, according to the Plat thereof, as
recorded in Plat Book 5, Page 111, of the Public Records of Monroe County Florida.
Real Estate (RE) Number: 00154870.000000
4 Applicant: Stephen Rohaty
12
13 II RELEVANT PRIOR COUNTY ACTIONS
14
15 The Monroe County Board of County Commissioners adopted Ordinances 08-2006, 09-2006,
16 10-2006, 11-2006 and 13-2006 in March of 2006. These Ordinances established in the Land
17 Development Code the criteria for determining the Tier designation, revised the ROGO and
18 NROGO point system and implemented the Tier Overlay maps for unincorporated Monroe
19 County, excluding Ocean Reef.
20
21 On June 16, 2006, the Department of Community Affairs (DCA) published notice of the
22 Final Orders determining that the above ordinances were consistent with Chapter 380 F.S.
23 and were approved. On July 7, 2006, Florida Keys Citizens Coalition, Inc. and Protect Key
24 West and the Florida Keys, Inc. d/b/a Last Stand [Petitioners] filed a petition for
25 administrative hearing regarding the Final Orders. The final administrative hearing was held
26 in February 2007 and the Administrative Law Judge (ALJ) issued a Recommended Order on
27 June 26, 2007. The majority of the challenges raised by the Petitioners were rejected by the
28 ALJ, however three (3) key assertions were upheld and the ALJ determined:
29
30 • The four (4) acre minimum threshold for Tier 1 designation was arbitrary and
31 • The one (1) acre minimum threshold for Special Protection Areas (Tier III -A SPA)
32 was likewise arbitrary.
33 • The division of parcels by a road of sixteen feet or more was not a basis to petition for
34 a Tier IIIA property to become Tier III.
35
36 In addition to the above, the ALJ made findings about the exclusion of wetlands in the Tier I
37 designation criteria. The Final Order states in part "the criteria for Tier I designation are not
38 vague and do not include wetland native upland habitats". The Court also found that
39 wetlands were adequately protected in other sections of the County's land development code.
40
41 A Final Order was signed on September 26, 2007, by the DCA Secretary Pelham accepting
42 the recommended order incorporating the findings of the AU and on January 2, 2008, DCA
43 Secretary Pelham issued the Amended Final Order correcting a scrivener's error. The orders
44 required Monroe County to revise Chapter 130-130 of the Land Development Code to reflect
45 the findings of the Amended Final Order, specifically deleting the acreage criteria that was
46 found to be arbitrary and eliminating the provision that allowed a road of sixteen feet or more
47 to be the basis to petition for a tier designation change from Tier III -A property to become
48 Tier III.
49
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In accordance with the Final Order, the Monroe County BOCC adopted Ordinances 005-
2011, 006-2011, 007-2011 and 008-2011 and amended the Tier Overlay District maps as
contained in the Order.
III BACKGROUND INFORMATION:
A. Size of Site: 1.53 acres
B. Land Use District: SC
C. FLUM Designation: MC
D. Tier Designation: I
1. Florida Forever designated parcel (2009)
E. Flood Zone: AE - 10
F. Existing Use: Undeveloped
G. Existing Vegetation / Habitat: buttonwood, mangrove, freshwater wetland
1. Lower Keys Marsh Rabbit focus area
2. Eastern Indigo Snake focus area
H. Community Character of Immediate Vicinity:
The parcel is in a substantially developed portion of Big Coppitt Key and fronts on U.S.
Highway 1. The adjacent land uses consist of SC and URM districts.
IV REVIEW OF APPLICATION
A. Consistency of the proposed amendment with the provisions and intent of the Monroe County
Year 2010 Comprehensive Plan:
Staff has determined that the proposed map amendment is not inconsistent with the
provisions and intent of the Year 2010 Comprehensive Plan, including Policy 205.1.1 as
follows:
Policy 205.1.1
The County shall establish the following criteria at a minimum to use when designating
Tiers: [9J-5.01 3(2)(c)9]
1. Land located outside of Big Pine Key and No Name Key shall be designated as Tier I
based on following criteria:
• Natural areas including old and new growth upland native vegetated areas, above 4
acres in area.
• Vacant land which can be restored to connect upland native habitat patches and
reduce further fragmentation of upland native habitat.
• Lands required to provide an undeveloped buffer, up to 500 feet in depth, if indicated
by appropriate special species studies, between natural areas and development to
reduce secondary impacts; canals or roadways, depending on size may form a
boundary that removes the need for the buffer or reduces its depth.
• Lands designated for acquisition by public agencies for conservation and natural
resource protection.
• Known locations of threatened and endangered species.
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I • Lands designated as Conservation and Residential Conservation on the Future Land
2 Use Map or within a buffer/restoration area as appropriate.
3 • Areas with minimal existing development and infrastructure.
4
5 Lands on Big Pine Key and No Name Key designated as Tier I, II, or III shall be in
6 accordance with the wildlife habitat quality criteria as defined in the Habitat Conservation
7 Plan for those islands.
8 Lands located outside of Big Pine Key and No Name Key that are not designated Tier I shall
9 be designated Tier III.
10 Designated Tier III lands located outside of Big Pine Key and No Name Key with tropical
11 hardwood hammock or pinelands of one acre or greater in area shall be designated as Special
12 Protection Areas.
13 Lands within the Ocean Reef planned development shall be excluded from any Tier
14 designation.
15
16 The subject parcel consists of disturbed saltmarsh/buttonwood wetlands and does not contain
17 any native upland habitats. The parcel fronts on U.S. 1 and is in the Suburban Commercial
18 (SC) Land Use District. Adjacent parcels on U.S. 1 are also SC, while the parcels to the
19 south are Urban Residential Medium (URM). The property to the west consists of other
20 wetlands that are zoned Native Area (NA). The parcel has a Future Land Use of Mixed Use
21 Commercial. The physical characteristics of the site do not meet the Tier I criteria of Policy
22 205.1.1
23
24
25
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I B. Consistency of the proposed amendment with the provisions and intent of the Monroe County
2 Land Development Code:
4 Staff has determined that the proposed map amendment is not inconsistent with the
5 provisions and intent of Section 130-130 of the Monroe County Land Development Code.
6
7 Sec. 130-130. — Tier Overlay District
8 (a)Purpose. The purpose of the tier overlay district is to designate geographical areas
9 outside of the mainland of the county, excluding the Ocean Reef planned development,
10 into tiers to assign ROGO and NROGO points, determine the amount of clearing of
11 upland native vegetation that may be permitted, and prioritize lands for public
12 acquisition. The tier boundaries are to be depicted on the tier overlay district map. Lands
13 on Big Pine Key and No Name Key shall be delineated as tier I, II, or III. Lands in the
14 remainder of the unincorporated county, excluding the Ocean Reef planned development,
15 shall be delineated as tier I, III, and III -A (special protection area).
16 (b) Tier boundaries. Tier boundaries shall follow property lines wherever possible,
17 except where a parcel line or distinct geographical feature, such as a canal or roadway,
18 may be more appropriate.
19 (c)Tier boundary criteria, excluding Big Pine Key and No Name Key. The tier
20 boundaries are designated using aerial photography, data from the Florida Keys Carrying
21 Capacity Study, the endangered species maps, property and permitting information and
22 field evaluation. The following criteria, at a minimum, are used to evaluate upland
23 habitats and designate boundaries between different tier overlays:
24 (1) Tier I boundaries shall be delineated to include one or more of the following
25 criteria and shall be designated tier I:
26 a. Vacant lands which can be restored to connect upland native habitat
27 patches and reduce further fragmentation of upland native habitat.
28 b. Lands required to provide an undeveloped buffer, up to 500 feet in
29 depth, if indicated as appropriate by special species studies, between
30 natural areas and development to reduce secondary impacts. Canals or
31 roadways, depending on width, may form a boundary that removes the
32 need for the buffer or reduces its depth.
33 c. Lands designated for acquisition by public agencies for conservation
34 and natural resource protection.
35 d. Known locations of threatened and endangered species, as defined in
36 section 101-1, identified on the threatened and endangered plant and
37 animal maps or the Florida Keys Carrying Capacity Study maps, or
38 identified in on -site surveys.
39 e. Conservation, native area, sparsely settled, and offshore island land use
40 districts.
41 f. Areas with minimal existing development and infrastructure.
42
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The parcel in question is wetland habitat and does not meet the criteria for Tier I designation
as provided in MCC §130-130.
In accordance with MCC §102-158(d)(5)., the BOCC may consider the adoption of an
ordinance enacting the proposed change based on one or more of the following factors:
1. Changed projections (e.g., regarding public service needs) from those on which the text
or boundary was based;
NA
2. Changed assumptions (e.g., regarding demographic trends);
NA
3. Data errors, including errors in mapping, vegetative types and natural features described
in Volume 1 of the Year 2010 Comprehensive Plan;
NA
4. New issues;
In accordance with the findings of the Administrative Law Judge, the Tier I
designation criteria do not include wetland habitats. Excluding wetlands from the
criteria eliminates the potential for this site to be Tier I as it does not meet any of the
remaining Tier I criteria.
5. Recognition of a need for additional detail or comprehensiveness; or
NA
6. Data updates;
NA
Impact on Community Character:
The subject parcel is located within a well developed portion of Big Coppitt and fronts
U.S. Highway 1. Adjacent parcels on U.S. 1 have the same land use and parcels to the
south are URM. It is not anticipated that future development of the site would impact the
existing community character.
V RECOMMENDATION
Staff recommends approval of the application as the parcel does not meet the criteria
for Tier I designation and is more appropriately designated Tier III in light of the
findings of the Administrative Law Judge.
EXHIBITS
Tier Map Exhibit
Draft Ordinance
Planning Commission Resolution
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IIIIII
WHEREAS, Stephen Rohaty requested that the current Tier Map Overlay
designation for property identified as Real Estate Numbers 00154870-000000 be
amended from Tier I to Tier III in accordance with the Amended Final Order No. DCA
07-GM-166A, dated January 2, 2008; and
WHEREAS, the subject property is located at Mile Marker 10.5, Big Coppitt
Key and is legally described as Tract A Porpoise Point, Section Two, according to the Plat
thereof, as recorded in Plat Book 5, Page 111, of the Public Records of Monroe County Florida;
and
WHEREAS, the Final Order determined that the criteria for Tier I does not
include wetlands; and
WHEREAS, based upon the information and documentation submitted, the
Planning Commission makes the following Findings of Fact and Conclusions of Law:
1. §102-158(a) of the Monroe County Code maintains that map amendments are
not intended to relieve particular hardships, nor to confer special privileges or
rights on any person, nor to permit a change in community character, as
analyzed in Monroe County Year 2010 Comprehensive Plan, but only to make
necessary adjustments in light of changed conditions; and
2. Pursuant to § I 02-158(dX5)b of the Monroe County Code, the Monroe County
Board of County Commissioners may consider the adoption of an ordinance
enacting the proposed change based on one (1) or more of the following
factors: (i) Changed projections (e.g., regarding public service needs) from
those on which the text or boundary was based; (ii) Changed assumptions
(e.g., regarding demographic trends); (iii) Data errors, including errors in
mapping, vegetative types and natural features described in volume I of the
plan; (iv) New issues; (v) Recognition of a need for additional detail or
comprehensiveness; or (vi) Data updates; and
3. Staff has determined that the proposed Tier map amendment is consistent with
MCC Sec. 102-158(d)(5)b: (iii) Data errors; and
4. Pursuant to § 13 0-13 1T"e i n �Co unV-Co 11i i r
map may be amended to reflect existing conditions in an area if w=
because of draffing or data errors or regrowth of hammock. However,
clearing of tropical hardwood hammock or pinelands that results in
reduction of the area of an upland native habitat patch to less than the one-ac
shall not constitute sufficient grounds for amending the designati
S,
c
of a Tier III -A area to tier III. The tier overlay district map amendmen
bts st
e made pursuant to the procedures for map amendments to hap this
Unlawful conditions shall not be recognized when determining exi
conditions and regulatory requirements; and
5. The proposed map amendment is consistent with the Principles for Guidirff-I
Development and not inconsistent with any principle in the Florida Keys
of Critical State Concem. I
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING
COMMISSION OF MONROE COUNTY, FLORIDA:
Secdon 1. The Planning Commission s1 ecca1y approves the findings of fact and
conclusions of law stated above.
Section 2. The described property, which is currently undesignated and Tier I, is
recommended to be designated Tier III as shown on the attached map,
which is hereby incorporated by reference and attached as Exhibit 1.
Section 3. The Planning Commission recommends that the Board of County
Commissioners consider reimbursing the application fee to the applicant,
with the exception of advertising costs incurred by Monroe County.
PASSED AND ADOPTED By the Planning Commission of Monroe County,
Florida, at a regular meeting held on the 29th day of August, 2012.
p � .,
Chair Werling y
Vice -Chair Wall y
Commissioner Haled
Commissioner Lustberg rx
Commissioner Wiatt
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
BY
enise Werling, Chair
Signed this day of 2012
FILED
IWTH THE
AGENCYCLERK