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Item R4 R.4 County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS Mayor Craig Cates,District 1 Mayor Pro Tem Holly Merrill Raschein,District 5 The Florida Keys Michelle Lincoln,District 2 James K.Scholl,District 3 David Rice,District 4 County Commission Meeting May 17, 2023 Agenda Item Number: R.4 Agenda Item Summary #12064 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Michael Roberts (305) 289-2502 Public Hearing AGENDA ITEM WORDING: A Public Hearing to Consider Approval of an Ordinance Amending the Monroe County Tier Overlay District Map from Tier III-A to Tier III, as requested by Maciej Jarzebowski for 24100 and 24150 Overseas Highway, Lots 2 and 3, Approximate Mile Marker 24.1, as shown on the Amended Plat of Dobie's Subdivision, Plat Book 2, Page 135, Summerland Key, Currently Having Property Identification Number 00188710-000000, and for a Portion of Lot 1, Dobie's Subdivision, Plat Book 2, Page 95, and for a Portion of Lot 21, Block 2, Summerland Cove, Addition 2, Plat Book 4, Page 100, Summerland Key, Currently Having Property Identification Number 00190940-000200. ITEM BACKGROUND: Site Information Address: 24100 Over Hwy, SUMMERLAND KEY 24150 OVERSEAS Hwy, SUMMERLAND KEY Parcel ID Numbers: 00188710-000000; 00190940-000200 Applicant/Agent: Lori Thompson and Don Craig, Spottswood, Spottswood, Spottswood& Sterling, PLLC Owner: Maciej Jarzebowski Size of Site: 00188710-000000 (25,943 square feet) 00190940-000200 (18.858 square feet) Land Use District(s): IS (Improved Subdivision) FLUM Designation: RM (Residential Medium) Tier Designation: III-A Flood Zone: AE-10, AE-11 Existing Use: Vacant Existing Vegetation/Habitat: Scarified, cleared land Community Character of Immediate Vicinity: The subject parcels are vacant scarified lots immediately west of Mote Marine Lab and Summerland Key Marina. The parcels to the south and west of the subject lots consist of oceanfront estate homes. Packet Pg. 2795 R.4 Previous County Action The Monroe County Board of County Commissioners adopted Ordinances 08-2006, 09-2006, 10- 2006, 11-2006 and 13-2006 in March of 2006. Community Meeting A Community Meeting was held virtually on Monday February 13, 2023. DRC Review The request was reviewed by the Development Review Committee (DRC) on March 28, 2023. No Public Comment was provided. PC Review The Planning Commission considered the proposed amendment at a regular meeting on April 26, 2023, received public input and recommended approval of the requested amendment. PROPOSED AMENDMENT Request to amend the Tier Overlay District designations for Parcels 4 00188710-000000 and 00190940-000200. , J REVIEW OF AMENDMENT Monroe County 2030 Comprehensive Plan Policy 205.1.1 provides the criteria for the designation of Tier III-A (Special Protection Areas): Objective 205.1 Monroe County shall maintain the Tier Overlay District Maps as required in Policy 105.2.2. [F.S. § 163.3177(6)d.2.d., h.] Packet Pg. 2796 R.4 Policy 205.1.1 The County shall establish the following criteria, at a minimum, to use when designating Tiers: [F.S. § 163.3177(6)d.2.d., h.] 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. 2. Lands on Big Pine Key and No Name Key designated as Tier I, II, or III shall be in accordance with the wildlife habitat quality criteria as defined in the Habitat Conservation Plan for those islands. 3. Lands located outside of Big Pine Key and No Name Key that are not designated Tier I shall be designated Tier III. 4. Designated Tier III lands located outside of Big Pine Key and No Name Key with tropical hardwood hammock or pinelands of one acre or greater in area shall be designated as Special Protection Areas. 5. Lands within the Ocean Reef planned development shall be excluded from any Tier designation.. The subject parcel does not meet the criteria for Tier III-A. As required by Comprehensive Plan Policy 205.1.1 and Land Development Code Section 130-130(b)(2), lands that are not designated Tier I shall be designated Tier III. 130-130: (c) Tier boundary criteria, excluding Big Pine Key and No Name Key. The tier boundaries are designated using aerial photography, data from the Florida Keys Carrying Capacity Study, the endangered species maps,property and permitting information and field evaluation. The following criteria, at a minimum, are used to evaluate upland habitats and designate boundaries between different tier overlays: 2. Lands located outside of Big Pine Key and No Name Key that are not designated tier I shall be designated tier III. a. The following conditions shall constitute a break in pinelands or tropical hardwood hammock for calculating the one-acre minimum patch size for designation of tier III-A boundaries: 1. U.S. Highway 1, canals and open water; Packet Pg. 2797 R.4 2. Any disturbed pinelands or tropical hardwood hammock with invasive coverage of 40 percent or more; 3. Property lines of developed lots or vacant lots with a ROGO allocation award or an issued building permit, as of September 28, 2005, located within a Land Use District that allows only one unit per lot; or 4. Property lines of developed parcels of less than 10,000 square feet in area with a ROGO/NROGO allocation award or issued building permit, as of September 28, 2005, located within a Land Use District that allows residential development of more than one dwelling unit per parcel/lot or non-residential development. Based on the above, staff finds that the appropriate Tier Overlay District designation for the subject parcel is Tier III. Consistency of the proposed amendment with the provisions and intent of the Monroe County Land Development Code: Staff has determined that the proposed tier overlay district(zoning) map amendment is not inconsistent with the provisions and intent of Section 130-130 of the Monroe County Land Development Code. Sec. 130-130.—Tier Overlay District (a) Purpose. The purpose of the tier overlay district is to designate geographical areas outside of the mainland of the county, excluding the Ocean Reef planned development, into tiers to assign ROGO and NROGO points, determine the amount of clearing of upland native vegetation that may be permitted, and prioritize lands for public acquisition. The tier boundaries are to be depicted on the tier overlay district map. Lands on Big Pine Key and No Name Key shall be delineated as tier I, 11, or III. Lands in the remainder of the unincorporated county, excluding the Ocean Reef planned development, shall be delineated as tier I, III, and III-A (special protection area). (b) Tier boundaries. Tier boundaries shall follow property lines wherever possible, except where a parcel line or distinct geographical feature, such as a canal or roadway, may be more appropriate. (c) Tier boundary criteria, excluding Big Pine Key and No Name Key. The tier boundaries are designated using aerial photography, data from the Florida Keys Carrying Capacity Study, the endangered species maps,property and permitting information and field evaluation. The following criteria, at a minimum, are used to evaluate upland habitats and designate boundaries between different tier overlays: (1) Tier I boundaries shall be delineated to include one or more of the following criteria and shall be designated tier L a. Vacant lands which can be restored to connect upland native habitat patches and reduce further fragmentation of upland native habitat. b. Lands required to provide an undeveloped buffer, up to 500 feet in depth, if indicated as appropriate by special species studies, between natural areas and development to reduce secondary impacts. Canals or roadways, depending on width, may form a Packet Pg. 2798 R.4 boundary that removes the need for the buffer or reduces its depth. c. Lands designated for acquisition by public agencies for conservation and natural resource protection. d. Known locations of threatened and endangered species, as defined in section 101-1, identified on the threatened and endangered plant and animal maps or the Florida Keys Carrying Capacity Study maps, or identified in on-site surveys. e. Conservation, native area, sparsely settled, and offshore island land use districts. f. Areas with minimal existing development and infrastructure. (2) Lands located outside of Big Pine Key and No Name Key that are not designated tier I shall be designated tier III. a. The following conditions shall constitute a break in pinelands or tropical hardwood hammock for calculating the one-acre minimum patch size for designation of tier III-A boundaries: 1. U.S. Highway 1, canals and open water; 2. Any disturbed pinelands or tropical hardwood hammock with invasive coverage of 40 percent or more; 3. Property lines of developed lots or vacant lots with a ROGO allocation award or an issued building permit, as of September 28, 2005, located within a Land Use District that allows only one unit per lot; or 4. Property lines of developed parcels of less than 10,000 square feet in area with a ROGO/NROGO allocation award or issued building permit, as of September 28, 2005, located within a Land Use District that allows residential development of more than one dwelling unit per parcel/lot or non-residential development. Consistency of the proposed amendment with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern pursuant to F.S. Chapter 380.0552(7). For the purposes of reviewing consistency of the Land Development Code or any amendments to the Code with the principles for guiding development and any amendments to the principles, the principles shall be construed as a whole and no specific provision shall be construed or applied in isolation from the other provisions. (a) To strengthen local government capabilities for managing land use and development so that local government is able to achieve these objectives without the continuation of the area of critical state concern designation. (b) To protect shoreline and marine resources, including mangroves, coral reef formations, seagrass beds, wetlands, fish and wildlife, and their habitat. (c) To protect upland resources, tropical biological communities, freshwater wetlands, native tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and their habitat. (d) To ensure the maximum well-being of the Florida Keys and its citizens through sound economic development. (e) To limit the adverse impacts of development on the quality of water throughout the Florida Keys. (f) To enhance natural scenic resources,promote the aesthetic benefits of the natural environment, and ensure that development is compatible with the unique historic character of the Florida Keys. Packet Pg. 2799 R.4 (g) To protect the historical heritage of the Florida Keys. (h) To protect the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major public investments, including: 1. The Florida Keys Aqueduct and water supply facilities; 2. Sewage collection and disposal facilities; 3. Solid waste collection and disposal facilities; 4. Key West Naval Air Station and other military facilities; 5. Transportation facilities; 6. Federal parks, wildlife refuges, and marine sanctuaries; 7. State parks, recreation facilities, aquatic preserves, and other publicly owned properties; 8. City electric service and the Florida Keys Electric Co-op; and 9. Other utilities, as appropriate. (i) To limit the adverse impacts of public investments on the environmental resources of the Florida Keys. 0) To make available adequate affordable housing for all sectors of the population of the Florida Keys. (k) To provide adequate alternatives for the protection of public safety and welfare in the event of a natural or manmade disaster and for a post disaster reconstruction plan. (1) To protect the public health, safety, and welfare of the citizens of the Florida Keys and maintain the Florida Keys as a unique Florida resource. Staff finds the proposed amendment consistent with the Principles for Guiding Development as a whole and is not inconsistent with any one principle. In accordance with MCC M2-158(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 I of the Year 2010 Comprehensive Plan; The Tier Designation of III-A is not consistent with the criteria of Comprehensive Plan Policy 205.1.1. It appears that this area was designated in error. 4. New issues; NA 5. Recognition of a need for additional detail or comprehensiveness; or NA Packet Pg. 2800 R.4 6. Data updates; The physical characteristics of the property are not consistent with the Tier III-A criteria contained in Section 130-130 of the Land Development Code and Policy 205.1.1 of the Comprehensive Plan. 7. Impact on Community Character: The Tier Overlay District designation is utilized to implement and score ROGO applications, to steer growth and to establish clearing limits. While the proposed change may result in a ROGO or NROGO allocation being issued sooner than otherwise, the Tier designation will not impact community character. There are no native upland habitats on either parcel. Likewise, the development of the subject lots should not negatively impact the community character of the area. PREVIOUS RELEVANT BOCC ACTION: The Monroe County Board of County Commissioners adopted Ordinances 08-2006, 09-2006, 10- 2006, 11-2006 and 13-2006 in March of 2006. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: BOCC Ordinance Exhibit 1 to Ordinance 2023-008 BOCC Staff Report 2023-008 PC Reso P15-23 FINANCIAL IMPACT: Effective Date: N/A Expiration Date: N/A Total Dollar Value of Contract: N/A Total Cost to County: N/A Current Year Portion: N/A Budgeted: N/A Source of Funds: N/A CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: NO If yes, amount: Grant: NA Packet Pg. 2801 R.4 County Match: NA Insurance Required: NA Additional Details: None NONE REVIEWED BY: Emily Schemper Completed 05/02/2023 1:04 AM Peter Morris Completed 05/02/2023 3:51 PM Purchasing Completed 05/02/2023 3:52 PM Budget and Finance Completed 05/02/2023 4:06 PM Brian Bradley Completed 05/02/2023 4:51 PM Lindsey Ballard Completed 05/02/2023 4:53 PM Board of County Commissioners Pending 05/17/2023 9:00 AM Packet Pg. 2802 R.4.a 2 3 X - 4 4 tµ x,� mffi 5 6 7 ORDINANCE NO. 2023 8 � 9 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY E 10 COMMISSIONERS AMENDING THE MONROE COUNTY TIER OVERLAY E 11 DISTRICT MAP FROM TIER III-A TO TIER III AS REQUESTED BY MACIEJ 12 JARZEBOWSKI FOR 24100 AND 24150 OVERSEAS HIGHWAY, LOTS 2 AND 3, 13 APPROXIMATE MILE MARKER 24.1, AS SHOWN ON THE AMENDED PLAT 14 OF DOBIE'S SUBDIVISION, PLAT BOOK 2, PAGE 135, SUMMERLAND KEY, 15 CURRENTLY HAVING PROPERTY IDENTIFICATION NUMBER 00188710- U) 16 000000,AND FOR A PORTION OF LOT 1,DOBIE'S SUBDIVISION,PLAT BOOK 17 2, PAGE 95, AND A PORTION OF LOT 21, BLOCK 2, SUMMERLAND COVE, > 18 ADDITION 2, PLAT BOOK 4, PAGE 100, SUMMERLAND KEY, CURRENTLY 0 Q 19 HAVING PROPERTY IDENTIFICATION NUMBER 00190940-000200; 20 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CN 21 CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE 22 STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; 23 PROVIDING FOR AMENDMENT TO THE TIER OVERLAY DISTRICT MAP; CN 24 PROVIDING FOR AN EFFECTIVE DATE. 0 25 26 27 WHEREAS, the Monroe County Planning and Environmental Resources Department 28 ("Department") has received an application from Lori Thompson, Esq., of Spottswood, Spottswood 29 Spottswood& Sterling,PLLC, on behalf of Maciej Jarzebowski (the"Applicant"),to amend the Tier Map < 30 Overlay designation for property identified as currently bearing Property Identification Numbers C 31 00188710-000000 and 00190940-000200 ("subject property" or the"property")to be amended from Tier 32 HI-A (SPA)to Tier HI; and 33 34 WHEREAS,the subject property is located at 24100 and 24150 Overseas Highway, Summerland 35 Key, Monroe County, Florida; and 36 37 WHEREAS,the Monroe County Planning Commission ("Planning Commission") considered the 0 38 proposed amendment at a duly noticed regularly scheduled meeting held on the 261h day of April, 2023; U 39 and M 40 41 WHEREAS,based upon the information and documentation submitted,the Planning Commission 42 made the following findings of fact and conclusions of law: 43 44 1. Monroe County Land Development Code §102-158(a) maintains that map amendments 45 (including the land use district maps)are not intended to relieve particular hardships,nor to confer 46 special privileges or rights on any person, nor to permit a change in community character, as 47 analyzed in Monroe County Year 2010 Comprehensive Plan, but only to make necessary 48 adjustments in light of changed conditions; and 1 of 3 Packet Pg. 2803 R.4.a 1 2 2. Pursuant to Monroe County Land Development Code § 102-158(d)(7)(b),the Monroe County 3 Board of County Commissioners may consider the adoption of an ordinance enacting the 4 proposed change based on one (1) or more of the following factors: (1) Changed projections 5 (e.g., regarding public service needs) from those on which the text or boundary was based; (2) 6 Changed assumptions (e.g., regarding demographic trends); (3) Data errors, including errors 7 in mapping, vegetative types and natural features described in Volume 1 of the Plan; (4)New 8 issues; (5)Recognition of a need for additional detail or comprehensiveness; (6)Data updates; 2 9 and(7)Consistency with the Comprehensive Plan and the Principles for Guiding Development 10 as defined in Section 380.0552, Florida Statutes; and E 11 � 12 3. The Department's professional staff have determined that the proposed Tier map amendment 13 is consistent with the Monroe County Land Development Code § 102-158(d)(7)(b)(3) (Data 14 errors); 15 U) 16 4. The proposed map amendment is consistent with the Principles for Guiding Development and 17 not inconsistent with any principle in the Florida Keys Area of Critical State Concern. > 18 0 LO 19 WHEREAS, at a regular meeting held on the 17t' day of May, 2023, the Monroe County Board 20 of County Commissioners held a duly noticed public hearing to consider the adoption of the proposed N 21 amendment, considered the Department's professional staff report and provided for public comment and 22 public participation in accordance with the requirements of state and local law and the procedures adopted Q 23 thereto for public participation in the planning process; 24 1- 25 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 4- 26 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 27 28 Section 1. Recitals and Legislative Intent. The foregoing recitals and statements of legislative 29 intent are true and correct and are hereby incorporated as if fully stated herein; and < CL 30 31 Section 2. The subject property(ies) currently bearing Property Identification Numbers 00188710- 32 000000 and 00190940-000200, which is/are currently designated as Tier III-A, shall be 33 designated Tier III as shown on the attached map, attached as "Exhibit L"which is hereby 34 incorporated by reference as if fully stated herein. 35 36 Section 3. Construction. The interpretation of this ordinance, and all provisions of the Monroe 37 County Codes, Comprehensive Plan, floodplain management regulations, and Florida U 38 Building Code whose interpretation arises out of, relates to, or is interpreted in connection 0 39 with this ordinance,these being necessary for the health,safety,and welfare of the residents M 40 of and visitors to unincorporated Monroe County, shall be construed in favor of the Monroe 41 County BOCC, and such interpretations shall be entitled to great weight in adversarial E 42 administrative proceedings, at trial, and on appeal. 43 44 Section 4. Severability, Partial Invalidity, and Survival of Provisions. If any provision of this 45 ordinance, or any section, subsection, or part or portion thereof, is held to be invalid or 46 unenforceable by any administrative hearing officer or court of competent jurisdiction, the 47 invalidity or unenforceability of such provision, or part or portion thereof, shall neither 2of3 Packet Pg. 2804 R.4.a I limit nor impair the operation, enforceability, or validity of any other provisions of this 2 ordinance, or any remaining section(s), subsection(s), part(s), or portion(s) thereof. All 3 other provisions, parts, and portions thereof shall continue unimpaired in full force and 4 effect. 5 6 Section 5. Repeal of Inconsistent Provisions. All ordinances or parts of ordinance in conflict with 7 this ordinance are hereby repealed to the extent of said conflict. The repeal of an ordinance 8 herein shall not repeal the repealing clause of such ordinance or revive any ordinance which 2 9 has been repealed thereby. E 10 E 11 Section 6. Transmittal. This ordinance shall be transmitted to the State Land Planning Agency as W 12 required by F.S. 380.05(11) and F.S. 380.0552(9). 13 14 Section 7. Filin2 and Effective Date. This ordinance shall be filed in the Office of the Secretary of 15 the State of Florida but shall not become effective until approved by the State Land 16 Planning Agency and, if appealed, until the appeal is resolved pursuant to Chapter 120 of 17 the Florida Statutes. > 18 LO 19 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, 20 at a regular meeting held on the 171h day of May, 2023. N Mayor Craig Cates, District 1 Mayor Pro Tem Holly Merrill Raschein, District 5 Michelle Lincoln, District 2 `Im James K. Scholl, District 3 0 David Rice, District 4 BOARD OF COUNTY COMMISSIONERS u OF MONROE COUNTY, FLORIDA E d By: Mayor Craig CatesMONnOE COUNTY ATTORNEY APB VET S TOf ORM (SEAL) U ATTEST: KEVIN MADOK, CLERK U M AS DEPUTY CLERK c� 3 of 3 Packet Pg. 2805 (Rag{puel owwnS`RemLIBI{seasaaAO OGLVZ PUB OOLbZ Ao;;uawpuowV deIN Aall) eoueulpjo of L i!g!gx3:luauagoellV m 0 a N a a 8CI NV38Lavo ; } A 2 C N a L w v CO O w 0 N F 2 Q oN o Q w CO E 00 c m N N - of Q E v 0 Q O Q N O C O G O i O o rn ++ o N O Q L 0 L 0 a..r N O 0 o O O 0 c co ao 0 O 1S 31800 co } 0 gaEe .+:aa s R.4.c *" I( IP9 y s MEMORANDUM MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring,professional and fair To: Monroe County Board of County Commissioners Through: Emily Schemper, AICP, Senior Director of Planning & Environmental Resources From: Michael Roberts, Assistant Director/Environmental Resources Date: April 25, 2023 U) Subject: An Ordinance by the Monroe County Board of County Commissioners amending the Monroe County Tier Overlay District map fi^om Tier III-A to Tier III as requested by a� Maciej darzebowski,for 24100 and 24150 Overseas Hwy, Lots 2 and 3 as shown on the 0 Amended Plat of Dobie's Subdivision, Plat Book 2 Page 135, Summerland Key, having a Parcel ID Number 00188710-000000; and for a Portion of Lot 1, Dobie's Subdivision, Plat Book 2 Page 95 and a Portion of Lot 21,Block 2, Summerland Cove,Addition 2, Plat 'a Book 4 Page 100, Summerland Key, having Parcel ID Number 00190940-000200; approximate mile marker 24.1. (File 2023-008) Meeting: May 17, 2023 � 1 0 2 I REQUEST 3 Agent Lori Thompson and Don Craig, of Spottswood, Spottswood, Spottswood & Sterling, E 4 PLLC, on behalf of Maciej Jarzebowski, property owner, is requesting to amend the Tier 5 Overlay District designation from Tier III-A to Tier III, for 24100 and 24150 Overseas Hwy, E 6 Summerland Key - Lots 2 and 3 as shown on the Amended Plat of Dobie's Subdivision, Plat 0 7 Book 2 Page 135, having Parcel ID Number 00188710-000000; and for a Portion of Lot 1, 8 Dobie's Subdivision,Plat Book 2 Page 95 and a Portion of Lot 21,Block 2, Summerland Cove, 9 Addition 2, Plat Book 4 Page 100, having Parcel ID Number 00190940-000200. 10 0 U U 00 SPyi;i' I N C°J %/k r E U 12 Subject Parcels(outlined in blue)(2022) File No.2023-008 BOCC 5172023 Staff Report Page 1 of 8 Packet Pg. 2807 R.4.c 1 2 II BACKGROUND INFORMATION & RELEVANT PRIOR COUNTY ACTIONS 3 4 Site Information 5 Address: 24100 OVERSEAS Hwy, SUMMERLAND KEY 6 24150 OVERSEAS Hwy, SUMMERLAND KEY a� 7 Legal Description: 8 E 9 Lots 2 and 3 as shown on the Amended Plat of Dobie's Subdivision, Plat Book 2 Page 135 10 Summerland Key, having Parcel ID Number 00188710-000000 11 12 A Portion of Lot 1, Dobie's Subdivision, Plat Book 2 Page 95 and a Portion of Lot 21, Block X 13 2, Summerland Cove, Addition 2, Plat Book 4 Page 100, Summerland Key, having Parcel ID U) 14 Number 00190940-000200 15 > 16 Parcel ID Numbers: 00188710-000000; 00190940-000200 Q 17 Applicant/Agent: Lori Thompson and Don Craig, T- 18 Spottswood, Spottswood, Spottswood& Sterling, PLLC N 19 Owner: Maciej Jarzebowski 20 Size of Site: 00188710-000000 (25,943 square feet) 21 00190940-000200 (18.858 square feet) le 22 Land Use District(s): IS (Improved Subdivision) 23 FLUM Designation: RM (Residential Medium) 24 Tier Designation: III-A u 25 Flood Zone: AE-10, AE-11 26 Existing Use: Vacant 27 Existing Vegetation/Habitat: Scarified, cleared land 28 Community Character of Immediate Vicinity: The subject parcels are vacant scarified lots 29 immediately west of Mote Marine Lab and Summerland Key Marina. The parcels to the south 30 and west of the subject lots consist of oceanfront estate homes. 31 32 Previous County Action 0 33 34 The Monroe County Board of County Commissioners adopted Ordinances 08-2006, 09-2006, 35 10-2006, 11-2006 and 13-2006 in March of 2006. 36 U U 37 Community Meeting 38 A Community Meeting was held virtually on Monday February 13, 2023. 00 39 9 40 DRC Review CN 41 The request was reviewed by the Development Review Committee (DRC)on March 28, 2023. N 42 No Public Comment was provided. 43 44 PC Review 45 The Planning Commission considered the proposed amendment at a regular meeting on April 46 26, 2023, received public input and recommended approval of the requested amendment. File No.2023-008 BOCC 5172023 Staff Report Page 2 of 8 Packet Pg. 2808 R.4.c I III PROPOSED AMENDMENT 2 3 Request to amend the Tier Overlay District designations for Parcels 4 00188710-000000 and 4 00190940-000200. 0 5 �r r U) 1 � LO 6 7 8 IV Review of Amendment CN 9 0 10 Monroe County 2030 Comprehensive Plan Policy 205.1.1 provides the criteria for the designation 11 of Tier III-A (Special Protection Areas): 12 13 Objective 205.1 d 14 Monroe County shall maintain the Tier Overlay District Maps as required in Policy 105.2.2. [F.S. C 15 § 163.3177(6)d.2.d., h.] 16 2 17 Policy 205.1.1 18 The County shall establish the following criteria, at a minimum, to use when designating Tiers: 0 19 [F.S. § 163.3177(6)d.2.d., h.] 20 1. Land located outside of Big Pine Key and No Name Key shall be designated as Tier I based 21 on following criteria: 22 • Natural areas including old and new growth upland native vegetated areas, above 4 U 23 acres in area. 0 24 • Vacant land which can be restored to connect upland native habitat patches and 00 25 reduce further fragmentation of upland native habitat. 26 • Lands required to provide an undeveloped buffer, up to 500 feet in depth, if N 27 indicated by appropriate special species studies, between natural areas and N 28 development to reduce secondary impacts; canals or roadways, depending on size 29 may form a boundary that removes the need for the buffer or reduces its depth. E 30 • Lands designated for acquisition by public agencies for conservation and natural 31 resource protection. < 32 • Known locations of threatened and endangered species. File No.2023-008 BOCC 5172023 Staff Report Page 3 of 8 Packet Pg. 2809 R.4.c 1 • 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 2. Lands on Big Pine Key and No Name Key designated as Tier I, II, or III shall be in 5 accordance with the wildlife habitat quality criteria as defined in the Habitat Conservation 6 Plan for those islands. 7 3. Lands located outside of Big Pine Key and No Name Key that are not designated Tier I 8 shall be designated Tier III. E 9 4. Designated Tier III lands located outside of Big Pine Key and No Name Key with tropical 10 hardwood hammock or pinelands of one acre or greater in area shall be designated as 11 Special Protection Areas. 12 5. Lands within the Ocean Reef planned development shall be excluded from any Tier X 13 designation.. U) a� 14 The subject parcel does not meet the criteria for Tier III-A. As required by Comprehensive Plan > 15 Policy 205.1.1 and Land Development Code Section 130-130(b)(2), lands that are not designated Q LO 16 Tier I shall be designated Tier III. N 17 130-130: 18 (c) Tier boundary criteria, excluding Big Pine Key and No Name Key. The tier boundaries are 19 designated using aerial photography, data from the Florida Keys Carrying Capacity Study, 20 the endangered species maps, property and permitting information and field evaluation. 21 The following criteria, at a minimum, are used to evaluate upland habitats and designate 22 boundaries between different tier overlays: u 23 2. Lands located outside of Big Pine Key and No Name Key that are not designated tier 24 I shall be designated tier III. 25 26 a. The following conditions shall constitute a break in pinelands or tropical hardwood 27 hammock for calculating the one-acre minimum patch size for designation of tier 28 III-A boundaries: 29 1. U.S. Highway 1, canals and open water; 30 2. Any disturbed pinelands or tropical hardwood hammock with invasive 0 31 coverage of 40 percent or more; 32 3. Property lines of developed lots or vacant lots with a ROGO allocation 33 award or an issued building permit, as of September 28, 2005, located 34 within a Land Use District that allows only one unit per lot; or U U 35 4. Property lines of developed parcels of less than 10,000 square feet in area 36 with a ROGO/NROGO allocation award or issued building permit, as of 00 37 September 28, 2005, located within a Land Use District that allows 38 residential development of more than one dwelling unit per parcel/lot or N 39 non-residential development. CN 40 Based on the above, staff finds that the appropriate Tier Overlay District designation for the E 41 subject parcel is Tier III. File No.2023-008 BOCC 5172023 Staff Report Page 4 of 8 Packet Pg. 2810 R.4.c I Consistency of the proposed amendment with the provisions and intent of the Monroe 2 County Land Development Code: 3 Staff has determined that the proposed tier overlay district (zoning) map amendment is 4 not inconsistent with the provisions and intent of Section 130-130 of the Monroe County 5 Land Development Code. 6 7 Sec. 130-130.—Tier Overlay District E 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. U) 13 Lands on Big Pine Key and No Name Key shall be delineated as tier I, II, or III. Lands 14 in the remainder of the unincorporated county, excluding the Ocean Reef planned 15 development, shall be delineated as tier I, III, and III-A (special protection area). 0 Q 16 (b) Tier boundaries. Tier boundaries shall follow property lines wherever possible, LO 17 except where a parcel line or distinct geographical feature, such as a canal or roadway, N 18 may be more appropriate. 19 20 (c) Tier boundary criteria, excluding Big Pine Key and No Name Key. The tier 21 boundaries are designated using aerial photography, data from the Florida Keys 22 Carrying Capacity Study, the endangered species maps, property and permitting 0 23 information and field evaluation. The following criteria, at a minimum, are used to 24 evaluate upland habitats and designate boundaries between different tier overlays: ,E 25 u 26 (1) Tier I boundaries shall be delineated to include one or more of the following criteria E 27 and shall be designated tier L C 28 a. Vacant lands which can be restored to connect upland native habitat patches 29 and reduce further fragmentation of upland native habitat. 30 b. Lands required to provide an undeveloped buffer, up to 500 feet in depth, if 31 indicated as appropriate by special species studies, between natural areas and 0 32 development to reduce secondary impacts. Canals or roadways, depending on 33 width, may form a boundary that removes the need for the buffer or reduces its 34 depth. W 35 c. Lands designated for acquisition by public agencies for conservation and U 36 natural resource protection. 0 37 d. Known locations of threatened and endangered species, as defined in section 00 38 101-1, identified on the threatened and endangered plant and animal maps or 9 39 the Florida Keys Carrying Capacity Study maps, or identified in on-site N 40 surveys. N 41 e. Conservation, native area, sparsely settled, and offshore island land use 42 districts. E 43 f. Areas with minimal existing development and infrastructure. 44 (2) Lands located outside of Big Pine Key and No Name Key that are not designated 45 tier I shall be designated tier III. File No.2023-008 BOCC 5172023 Staff Report Page 5 of 8 Packet Pg. 2811 R.4.c I a. The following conditions shall constitute a break in pinelands or tropical 2 hardwood hammock for calculating the one-acre minimum patch size for 3 designation of tier III-A boundaries: 4 1. U.S. Highway 1, canals and open water; a� 5 2. Any disturbed pinelands or tropical hardwood hammock with invasive 6 coverage of 40 percent or more; 7 3. Property lines of developed lots or vacant lots with a ROGO allocation 8 award or an issued building permit, as of September 28, 2005, located E 9 within a Land Use District that allows only one unit per lot; or 10 4. Property lines of developed parcels of less than 10,000 square feet in 11 area with a ROGO/NROGO allocation award or issued building permit, 12 as of September 28,2005, located within a Land Use District that allows 13 residential development of more than one dwelling unit per parcel/lot or U) 14 non-residential development. 15 16 Consistency of the proposed amendment with the Principles for Guiding Development in the 0 17 Florida Keys Area of Critical State Concern pursuant to F.S. Chapter 380.0552(7). i5 18 N 19 For the purposes of reviewing consistency of the Land Development Code or any amendments 20 to the Code with the principles for guiding development and any amendments to the principles, 21 the principles shall be construed as a whole and no specific provision shall be construed or 22 applied in isolation from the other provisions. `LM 23 0 24 (a) To strengthen local government capabilities for managing land use and development so 25 that local government is able to achieve these objectives without the continuation of the E 26 area of critical state concern designation. 27 (b)To protect shoreline and marine resources, including mangroves, coral reef formations, 28 seagrass beds, wetlands, fish and wildlife, and their habitat. 29 (c) To protect upland resources, tropical biological communities, freshwater wetlands, 2 30 native tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges 31 and beaches, wildlife, and their habitat. 1� 0 32 (d) To ensure the maximum well-being of the Florida Keys and its citizens through sound 33 economic development. 34 (e) To limit the adverse impacts of development on the quality of water throughout the 35 Florida Keys. U 36 (f) To enhance natural scenic resources, promote the aesthetic benefits of the natural 00 37 environment, and ensure that development is compatible with the unique historic character 38 of the Florida Keys. Q 39 (g) To protect the historical heritage of the Florida Keys. N 40 (h) To protect the value, efficiency, cost-effectiveness, and amortized life of existing and 41 proposed major public investments, including: 42 1. The Florida Keys Aqueduct and water supply facilities; 43 2. Sewage collection and disposal facilities; 44 3. Solid waste collection and disposal facilities; File No.2023-008 BOCC 5172023 Staff Report Page 6 of 8 Packet Pg. 2812 R.4.c 1 4. Key West Naval Air Station and other military facilities; 2 5. Transportation facilities; 3 6. Federal parks, wildlife refuges, and marine sanctuaries; 4 7. State parks, recreation facilities, aquatic preserves, and other publicly owned 5 properties; 6 8. City electric service and the Florida Keys Electric Co-op; and 7 9. Other utilities, as appropriate. 8 (i) To limit the adverse impacts of public investments on the environmental resources of M 9 the Florida Keys. 10 (j) To make available adequate affordable housing for all sectors of the population of the 11 Florida Keys. M 12 (k) To provide adequate alternatives for the protection of public safety and welfare in the U) 13 event of a natural or manmade disaster and for a post disaster reconstruction plan. a� 14 (1) To protect the public health, safety, and welfare of the citizens of the Florida Keys and > 15 maintain the Florida Keys as a unique Florida resource. Q 16 17 Staff finds the proposed amendment consistent with the Principles for Guiding 18 Development as a whole and is not inconsistent with any one principle. 19 20 In accordance with MCC M2-158(d)(5)., the BOCC may consider the adoption of an N 21 ordinance enacting the proposed change based on one or more of the following factors: 0 22 23 1. Changed projections (e.g., regarding public service needs)from those on which the text or 24 boundary was based, 25 NA E 26 27 2. Changed assumptions (e.g., regarding demographic trends); 28 NA a� 29 30 3. Data errors, including errors in mapping, vegetative types and natural features described 0 CL 31 in Volume I of the Year 2010 Comprehensive Plan; 32 The Tier Designation of III-A is not consistent with the criteria of Comprehensive 33 Plan Policy 205.1.1. It appears that this area was designated in error. 34 U 35 4. New issues; U 36 NA 00 37 38 5. Recognition ofa need for additional detail or comprehensiveness; or 39 NA 40 41 6. Data updates; E E 42 The physical characteristics of the property are not consistent with the Tier III-A 43 criteria contained in Section 130-130 of the Land Development Code and Policy 44 205.1.1 of the Comprehensive Plan. 45 File No.2023-008 BOCC 5172023 Staff Report Page 7 of 8 Packet Pg. 2813 R.4.c 1 7. Impact on Community Character: 2 The Tier Overlay District designation is utilized to implement and score ROGO 3 applications, to steer growth and to establish clearing limits. While the proposed 4 change may result in a ROGO or NROGO allocation being issued sooner than 5 otherwise, the Tier designation will not impact community character. There are no 6 native upland habitats on either parcel. Likewise,the development of the subject lots 7 should not negatively impact the community character of the area. 8 9 V RECOMMENDATION 10 11 Staff recommends approval of the proposed amendment as the parcels do not meet the 12 criteria for Tier III-A designation and is more appropriately designated Tier III in 13 accordance with criteria of Section 130-130(b)(2) of the Land Development Code. U) a� LO V- le N V- le N LM 0 E E CL 0 CL U U 00 cN cN E c� File No.2023-008 BOCC 5172023 Staff Report Page 8 of 8 Packet Pg. 2814 R.4.c EXHIBIT I TIER OVERLAY DISTRICT MAP AMENDMENT PROPOSED TIER OVERLAY DISTRICT DESIGNATION E E U) Lo CN CN I- 0 a 0 E E CL 0 CL u u co cn CN CN E u Packet Pg. 2815 R.4.d 2 3 4 6 � 7 MONROE COUNTY, FLORIDA DEVELOPMENT REVIEW COMMITTEE 9 1f RESOLUTION NO. 1`15-23 12 A RESOLUTION BY THE MONiELOE COUNTY PLANNING' C(e'MMI!tiSION 1:3 RECOMMENDING APPROVAL OF AN ORDINANCE Y 'ml"IlE MON1 t1E 14 COUNTY BOARD C1'F COUNTY COMMISSIONERS AMENDING THE 15 MONIZOE; COUNTY TIER OVERLAY DISTRIC"I" 1 1AP FROM FIER 111- TO 16 TIER III AS ITEd, UE S"I"E D I1 Y l" ACIEJ ,IARZEBOWSKI, FOR24100 AND 24150 > 12 OVERSEAS EI'a Y, LOTS 2 AND 3 AS SHOWN ON THEE AMENDE.D PLAT OF LO 18 DORIE'S SUBDIVISION, PLAT BOOK 2 PAGE 135, :tiLrMMEITLAND KEY, 19 HAVING PARCEL ID NUMBER 001 8710-000000 ANTI FOR A Pr(RTiON O �' 20 LOT 1, DOB IE 'S SUBDIVISION, PLAT E1'OOK 2 PAGE 95 AND A PORTION O 21 LOT 21, BLOCK 2, 1tiLYMMERLAND COVE:,, ADDITION 2, PLA'rBOOK 4 PAGE 22 I00, StJr MERLANL) KEY, HAVING PARCEL ID NUMBER 00190 0-000200; 23 ,A.PI'1 ,OXIMA,TE MILE MARKER R 2; ..1; PROVIDING FOR daEVE ABIL1"I'Y; Lm 0 24 PROVIDING FOR REPEAL OF CONFLICEFI'NG PROVISIONS; PROVIDING 25 FO TAN"�MFI'It TAL TO ]"HE STATE LAND PLANNING AGENCY ANDTHE 26 SECRETARY OF STATE; PR FO A ENI 1ww�IENT 1`0 'THE" 'FIE"nl 212 OVERLAY DISTRICT MAP; PROVIDING FOR AN EFFECTIVE DATE*. 8 29CL :30 WEIL:IT12AS, the Planning and Ftiv r•omirental Resources Department received an 21 application 1'rom Lgari '.l'lacrmlason, l'sq. aaf``pottswood, Spottswood, Spottswood& Sterling,, I'LL(Il". 22 on belaa,ll.'ol'Macicp Jarzebowski "the Applicant,"' to aanrcnrf t1�re "l ia:r° Mapf. verlay c�esi nation for 3 2 parcels identified as Real Fstatc Numbers 00188710m000000 and 00190940-000200 (theCN LO :34 "Property") be aincnded krona 'l"ier 111-A to "rier 111'. and 0 36 WHEREAS, the Property is located at 24100 and 24150 Overseas I i h ay. ySunamerlanaf 32 lacy" and U 2'11 00 2,9, WHEREAS, in accordance with 1,a.nc1 Development Code Section 10,2-1 '(aa), the CN 40 Applicant held ar Ccar1ara1arrI.i,ty meeting regarding the faa~oposed aaniendnient on February 12, 20123; Q 41 and `N of 2 :3 WHEREAS, the Monroe County Development pent Review C`ontnaittcc (DRC") considered the 44 proposed arras°raclment aat as regularly scheduled meeting field on the 2 a°° day of March, 2022, aand 45 I"ilc 2023-008 1 of 3 Packet Pg. 2816 I WHEREAS, based upon tire inf6rn'ration and documentation SUbmitted. the I)evelopment 2 Review Committee Chair rect�nnrnenlded approval of" the proposed fier )verlay District Map 3 amendment; and 4 5 WHEREAS, the Monroe County Planning Cotninission was Presented with the following 6 dOcUrnents and other information relevant,to the request, which by reference is hereby incorporated 7 as part ofthe record of said hearing; 8 1. ReqUeSl for aTier Overlay District (Tier) Map Amendment application received by the E E 9 Planning & Envirormiental Resources Department oti January 12, 2023 (File 20123- 10 008)1 and (n 11 2,. Staff' rep(�)rt prepared by Michael Roberts, CEP, P,W'S, Assistant Director of 12 Environniental Resources dated March 2V', 2023; and 13 3. Swum testimony of tine applicant, and 14 4. Sworn testimony of Monroe County Planning& Environmental Resources DepartITICut 15 Statf, and 16 5. Advice arid counsel of Peter Morris, Assistant County Attorney', and John \Volfie, > 0 17 planning, Conunission Counsel.- and Q UI) 18 19 WtIER.EAS, based upon the infornlation and documentation subn-utted, the Planning CN 20 C.orni-nission makes (fie following, Findings offact: 21 22 1 . Monroe County Code (MCQ §102-158, states that nrap aniendments are not intended CN 23 to relieve particular hardships, nor to confcr special Privileges or rights on any person, 0 LM 24 nor to permit an adverse change in coniniunity chaj acter, analyzed in the Monroe 25 County (.'ornprehensive Plan, but only to make necessary ad' of ,justuients in light E 26 changed conditions ot,7 incorrect assumptions oil determinations as determined by the 27 findings, ofthe BOCC, and 1 1 E 28 2. NKI(- §I 02-158(d)(7)b, provides that one, or more ofthe following criteria must be tact 29 for a map amendment: 30 1 , Changed, pro.jections (e.g., regarding public service needs) from those on which 21 31 the existing text or bOUndary was based; 32 1 ('hanged ass unipt ion s (c.,g., regarding dernographic Ircnds) frorn those on which M CN 33 the existing text or bOLInda.ry was based; UI) 34 3. Data errors, inClUding errors in inapping, vegetative types and natural features 0 U) 5 which contributed to the application of the existing text drr boun -1 W dary 0) 30 4. New issues wl'rich arose after the application ofthe existing text or bound,,iry. U 37 5, Recognition ofa need for additional, detail or comprehensiveness; 00 38 6. Data updates; or N 39 7. Consistency with the (°om rehensive Plan and the principles for guiding Q P CN 4i 40 development as defined in Section 380,0552, Florida Statutes. 41 3, Map amendments to the Monroe County I.,and Use I)istrict Mali, shall not be E 42 inconsistent with the Principles for Guiding Development in tire Florida Keys Area of 4 3 Critical State Concern; and 44 File 2023-008 2 ot'3 Packet Pg. 2817 I WHEREAS, based upon the ititbrniation and documentation subji-titted, the planning 2 Commission makes the following Conclusions ofl-avv: 3 1. The proposed Tier Map amendment is not anticipated to adversely inipact the community 4 character of the surrounding area; 5 2, The proposed Tier Map amendment is consistent with Monroe County [,,and Development 6 Code Section 130-130; 7 3, The proposed Tier Map aniendinent is consistent with the Goals, ObJectives and Policies 8 of the Monroe County Year 2030 Comprehensive plan; E 9 4. The proposed Tier Map amendment is consistent with the Principles for Guiding E Development lbr the I'lorida Keys Area, Section 380,0552(7), Florida Statute (F.S.); 11 12 NOW,THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF 13 MONROE ("()LRNTV,, FLORIDA that they hereby recommend APPROVAL to the Board of' 14 County Conirnissioners of the proposed amendment to the Tier Overtay District Map from Tier U) 15 111-A to Tier IH lot- propet-t located at 24100 and 24150 Overseas highway, Suninierland Key, U) y y 16 legally described as Lots 2 and 3 as,shown on the Amended Plat of Dobic's Subdivision 0, Plat Book > 17 2 Page 135, SUrnmerland Key, having Parcel ID Number 001 88710-0�0000,0; and a Portion of Lot 0 a UI) Dobic's Subdivision, Plat Book 2 Page 95 and a Portion of Lot 21, Block 2, Summerland Cove, 19 Addition 2, Plat Book 4 Page 100, Surnmerland Key, having Parcel 11)Number 00190940-000200 C14 20 21 PASSED AND ADOPTED By the Planning onimission of Monroe County, Florida, at 22 a regular meeting field on the 26"' day of April, 2023. C14 23 Lm 0 24 Chair Scarpelli y f'-1,S 25 Vice-Chair Demes YES E 26 CommissionerThoirias Y ES 27 Corntrussioner Neugent y E,S E 28 Commissioner Ritz yl S < CL 29 30 IILANNIN(,' COMMI ISION OF MONROE COUNTY, FLORIDA 31 as 32 zo BY CV))c C14 S 33 C� iair UI) T- 34 s "I�ir 35 'Z a, 01' 2023 0 U) U'L Aof F1 :A 36 A3, ILZE AGUH.A Notary Pubk'SWO Of Flodda 1p A—',(AIAJ U COmmkslori 0307T6 ��r ,Oct 1 2 37 , v (L 38 V� My COMM�ExOres OCt 31,2024 N(,-)"I'A IRY MJBLIC, ��41T 0F FLORIDA 00 Bonded through Nadona�Notary Assn, 39 40 Monroe County Planning (...'ornmission, Attorney 04 Q 41 ppr(wed As To l'orm FIL C14.ED W[Tf-! 42 4 3 44 (John J. Wol 'e A P R 2 8 21023 45 < 46 Date. AGENC111'.'O'Y CLEM< file 2023-008 3 of3 I Packet Pg. 2818 ... ,7.k, ,-,•, it " ". /i//r ,;%�j%�ri��'��//�.f �����rf rii/;/��/� r� ��� „1, Planning & Environmental Resources 'De ;,, We strove to be Garin professional and"fair aA'*,"'.m..,„, ..w� ,,, •% �////%��jri/i�/r/%f�,� �, � ��/�% � ,�`/(//� ,'.r rJ�r'ry 4r�„/!�l�l„rli��(Q�Y�V, ai�//�,"%u/� r" 11 �i% � ��ri�1 I />✓��1�����fyf� � � f �ii�l� �. „jj: %��" ���:�o„/r%/„ ;,, ��/ e../, r�i�v �, Is:(��'yJ�' ,./,.. %Vi�II����l�lll�,:'`i� ;i;n,�✓, ,"�ai,:� I V,��i�V !'�i"" 0�1 " ������m��nIIIIIIIIIIIIIIIIIIIIIIIIVII@�III�U111111��llllliliflffffffffffffffffffffffffff��/////�//////////�//O�/%%, i,�„�///��///////////////////////////ll/llt6�lJltll@IV(���r��55titi5 � Illllu (/ l ���I i,✓iA��yra 1�I/ ° rii // � Monroe Count Board of Count y C or MEETING, REQUEST FOR AN AME,,,N/,/ DMENA /,,,',,' :r r� """""":....... MONROECOUNTY rr � TIER OVERLAY DISTRIu-,,/--T TIER API rr WednesdayMAV17 2023 /���/� Michael Roberts CEP P W S CFM Assistant Direfor/Environmental R� s e S C e ©� ✓' ram,/fq�"``� {,++. � /// ,i � /�//./ � /f �/ / 1; M, Planning & Environmental Resources De ., / ;,,//a,/�// / y,.�, it..:%/ � l/� ✓ ,,: �,;/ ,//i .. ,. �r,,;m �„ ./ l /, We strove to be caring, professional and fair TIER OVERLAY DISTRI MAP MACIEJ JARZEBOWSK A,IN ra;,ui(fi J Request for an Amendment to the Monroe County Tier Overlay District Map from Tier III-A to Tier III, by Maciej Jarzebowski, for 24100 and 24150 Overseas Hwy, Lots 2 and 3 as shown on the Amended Plat of Dobie's Subdivision, Plat Book 2 Page 135, Summerland Key, having Parcel ID Number 00188710-000000; and for a Portion of Lot 1, Dobie's Subdivision, Plat Book 2 Page 95 and a Portion of Lot 21, Block 2, Summerland Cove, Addition 2, Plat Book 4 Page 100, Summerland Key, having Parcel ID Number 00190940-000200; /iaJ211/11 11111111 ✓' ram,/fq�"``� {,++. � /// „ � ////./ � /f �/ / 1; M, Planning & Environmental Resources De ., / ;,,//a,/�// / y,.�, it..:%/ �, lr� ✓ ,,: �,;/ ,//i .. ,. �r,,;m �„ ./ l /, We strove to be caring, professional rofessional and fair it%5 % TIER OVERLAY DISTRI MAP I ' T� a ,/�r ,, MACIEJ JARZEBOWSK , I�l / r / I , 4 r 0�1 m��nIIIIIIIIIIIIIIIIIIIIIIIIVIIIV111111111111111�11111ilififfffffffffffffffffffffffff%%/O%%%%%%%!/r' "' �� � y// / k / I lr f,.;�l r _�% %a ;J ;, rI 1, /�/f))��Ji�, y I ��f�✓ � of r�ro if��j ,: l�J�%��� rC 4i NIIIII � � d uu m l / u w, V 1 I I I yIN ✓' ram,/fq�"``� r,++. � /// „ � /�//,/ � /f �/ / 1; M, Planning & Environmental Resources De r We strove to be Garin professional and fair TIER OVERLAY DISTRI MAP I ' T� r •. ,,;,, " ,,, i///%i,"ru / ,;+,. i ,,,/ �' / , yl' ��'i/��,I�, i%��i�lr'(i'���f� v,";r "f '�/I!!� �i , MACIEJ JARZEBOWSK - . ! I '%+�ll�iirr Ih Iblu..r. I i^ +If1 li m�mnn,, irw,mrmws�wwrm�na �/ // u t;,n ; �� ,.. a ✓ti,' +I � .: �N I. ,.• I �j�///����/i r VV uuuuuum III ..°CIO OOOOOOOYWIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII /;;,l '' �;j,////i/ F /i ri�il/%///�//' � � ��'ryyl i uuuuuu r rrrrrrrrrrrrrrrrrrrrrrr ✓'.ram,/rl"w' "++. � ': / %.i � //��/,�/j`�/ �� J../f� %/ Planning & EnvironmentalResources a / .. /o , . We strove to be caring, professional it / al and f� // /// �, TIER OVERLAY DITRICT 4"' "A / Poficv 205.1."ier D;e$,iAlf 0�1 m��nIIIIIIIIIIIIIIIIIIIIIIIIVII@IIIIIUl1111111�111181ififfffffffffffffffffffffffff/%/O%//%%////%!//' "' r Policy 205.1.1 The County shall establish the following criteria, at a minimum, to use when designating Tiers: [F.S. § 163.3177(6)d.2.d., h.] 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. is ✓'.ram,/rl"w' ..,. ' � ': /�%.i � //��/,i/jJl�/ �� J/../f� %/ Planning & EnvironmentalResources a / / .,/fair strove to be caring, professional and TIER OVERLAY D STRICTA ' '/• • 'i'� •.;., • ' i%///,., 'i�r•1 ��/�Y /,"�:�Y>('�l iI f;�'� '��Jr%�J��ir;��,�"r 1 ��jli; ���. �� Polic 205 1 1 Tier Desi satin mmmnlliiiiii�iiiiiuiiiuiiiiu�»»»��������r�r�tttttttttttttttttttttttttt�iiiiia✓��/iii;,; ", IMHUNNOMMOR • 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. 2. Lands on Big Pine Key and No Name Key designated as Tier I, II, or III shall be in accordance with the wildlife habitat quality criteria as defined in the Habitat Conservation Plan for those islands. 3. Lands located outside of Big Pine Key and No Name Key that are not designated Tier I shall be designated Tier III. 4. Designated Tier III lands located outside of Big Pine Key and No Name Key with tropical hardwood hammock or pinelands of one acre or greater in area shall be designated as Special Protection Areas. The sul�jectparcllel does not, meet the criteriafbr Tier ., As e � .. e ✓si Plan �is . W , Development � e ,.��� ., �� i �. .� - 3 "' lands that� are °� W � Y�io�/////////>'/2���INfl��tn�����KI�U�Wl�lff//1fP(V1W1GilYlJfd�(i %//�/o/////��%�///// ✓���li/krrrrrl����MI�N/INN��OA�f�u�51��� ���IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIUWI I ✓'.ram,/rfxw' ..,. ' � ': /�%.i � //��/,�/j`�/ �� J../f� %/ Planning & EnvironmentalResources a / .. /o .� �. We strove to be Garin professional and fair / TIER OVERLAY D RI 1f, Monroe Count Land" evelo nen „C „ i% of i��a�//iii;,; o/iiiirii �iifii�titititi�� � ,;,, "',;, ''� ,ill; irii, ,.�%/%,r,,. ?< ,,'•' �,/�����i N�(<!a!:, ;Yi.0�,� �. ��///����!�r�I�frrlr��/,1p��d � I�IIlU11���rrr�/r /i/ Y 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 followingfactors: 1. Changedprojections (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; • The Tier Designation of III-A is not consistent with the criteria of Comprehensive Plan Policy 205. 1 . 1 . It appear's that this r deslig-natedin. . rr . r. ✓'.ram,/rfxw' .... ' � ': /�%.i � //��/,�/j/�/ �� J../f� %/ Planning & EnvironmentalResources /, .� �. We strove to be Garin professional and fair / TIER OVERLAY DTRICTA ' Monroe Count Landevelo I r,id �rV i 'r�rr/�gp a 4. New issues, • NA S. Recognition of a need for additional detail or comprehensiveness; or • NA 6. Data updates; e physical , . a t .s s of the property are . s s - n b1`11.I°i er criteria contained in Section 13 0- 13 0 of the Land Development Code and Policy 205 . 1 . 1 of the Comprehensive Plan. i ✓'.ram,/rl"w' "++. �r � ': /�%.i � //��/,�/jJ�/ �� J../f� %/ Planning & EnvironmentalResources a / .. /,,/o .� �. We strove to be Garin professional and fair / TIER OVERLAY D TRICTA ' Monroe Count Land" bevelo , n / o %1 V/,/ m��n�llllllllllllllllllll@II@�IIVUUy�IIIIIIIIIIfffffffffffffffffffffffffG�////�!%��/i: l/////////� ���fii�titititi�5� � kI� p psi ' r %ri%// %/ i �S ✓� ' /l / f / u / AR /('•` i� i I rk IF ;< ,,,,,, i, / r/r ,,, v r 7. Impact on Community Character: • The Tier Overlay District designation is utilized to implement and score ROGO applications, to steer growth and to establish clearing limits. While the proposed change may result in a ROGO or NROGO allocation being issued sooner than otherwise, the - r designationj� will not" impact community a . There are no native upland habitats on either parcel. Likewise, the development of the subject lots should not negatively impact the community character of the area. a Me / i//off/ ii ✓'.ram,/rfxw' .... ' � ': /�%.i � //��/,�/jJ�/ �� J../f� %/ Planning & EnvironmentalResources a / i/s.,./fair strove to be Garin � rofessional and-I ,� TIER OVERLAY D fT "RICT aCAI' � r; / � � Staff ecom r J,r /. s //;'' r/I, jr�y' ✓,: r yii/%Ir. Staff recommends approval of the proposed amendment as the parcels do not meet the criteria for Tier III--A designation and are more appropriately designated TierIIl in accordancewith criteria of Section 130-130(b)(2) of the Land Development Code. / o / 1 r / / f ,JJ r / / i r / J � r /ii//