Item R11
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MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional and fair
To:
Through:
Through:
From:
Date:
Subject:
Monroe County Board of County Commissioners
Andrew Omer Trivette, Director of Growth Management
Townsley Schwab, Senior Director of Planning and Environmental Resources
Mitchell N. Harvey, AICP, Comprehensive Planning Manager
June 29, 2009
Request far an Amendment to the Tier Overlay Map From Tier 1 to Tier 111
Old State Road 4A, Mile Marker 17, Real Estate No. 00119360-000100
Meeting: July 15, 2009
I REQUEST
The applicant is requesting that their property located at 16820 Old State Road 4A on
Sugarloaf Key be changed from Tier I designation to Tier III designation.
1. Location Map
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2. Location and Owner Information:
a. Address: 16820 Old State Road 4A, Sugarloaf Key, MM 17
b. Legal Description: Lot 35, Sugarloaf Key Resub of Gov Lot 1
c. Real Estate Number: RE Number: 00119360-000100
d. Applicant / Petitioner: Kieran Mahoney
e. Property Owner: Peter G. and Elizabeth C. Giampaoli
3. Site Characteristics:
a. Existing Land Use Districts: Urban Residential Mobil (URM)
b. Existing Future Land Use Designation: Residential High (RH)
c. Existing Tier Designation: Tier I
d. Proposed Tier Designation: Tier III
e. Size of Site: 1.73 acres
f. Existing Vegetation / Habitat: Scarified
g. Community Character of Immediate Vicinity: Developed residential
4. Executive Summary
The owner is requesting to amend the Tier Overlay District Map from Tier I to Tier III
for the subject property. This will allow the owner to begin the process of preparing and
requesting permission to construct a single family home. The property was formerly a
mobile home park and contains no natural vegetative habitat and no identified protected
species.
11 PROCESS
• Pursuant to Sections 130-130(f) and 102-158 of the Monroe County Code (MCC),
tier overlay district amendments may be proposed by the Board of County
Commissioners (BOCC), the Planning Commission, the Director of Planning, or the
owner or other person having a contractual interest in property to be affected by a
proposed amendment.
• The Director of Planning reviews and processes the tier amendment application and
passes it on to the Development Review Committee and the Planning Commission for
recommendation and final approval by the BOCC.
• The Planning Commission and the BOCC each hold at least one public hearing on a
proposed amendment to the tier overlay district map. The Planning Commission shall
reviews the application, the reports, and recommendations of the Department of
Planning & Environmental Resources and the Development Review Committee, and
the testimony given at the public hearing, and shall submit its recommendations and
findings to the BOCC.
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• The BOCC considers the report and recommendation of and the testimony given at
the public hearings and may either deny the application or adopt an ordinance
approving the proposed amendment. Ordinances are then reviewed by the Florida
Department of Community Affairs.
• In the event of a written protest against such amendment signed by the owners of
twenty (20) percent or more either of the area of the lots or land included in the
proposed amendment or ten (10) percent of the lots or land immediately adjoining the
property to be affected and extending three hundred (300) feet from the property,
such amendment shall not become effective except by the favorable vote of four (4)
members of the BOCC.
III REVIEW CONSIDERATION
Applications for tier amendments are reviewed for consistency with the following:
• Monroe County 2010 Comprehensive Plan;
• Monroe County Code;
• Principles for Guiding Development in the Florida Keys Area of Critical State
Concern; and
• Florida Keys Carrying Capacity Study four main guidelines for future
development in the Florida Keys.
Staff has determined that the proposed amendment is consistent with the Tier III criteria
as defined by the Monroe County 2010 Comprehensive Plan and the Monroe County
Code. The request is also consistent with the Principles for Guiding Development in the
Florida Keys Area of Critical State Concern and the Florida Keys Carrying Capacity
Study.
IV. PRIOR COUNTY ACTIONS
• August 20, 2003, BOCC adopted Resolution No. 346-2003, designating the
boundaries of Conservation and Natural Areas (CNA), consistent with the "Natural
Areas" designation mandated by Objective 105.2 of the 2010 Comprehensive Plan,
pursuant to Rule 28-20.100 F.A.C.
• June 16, 2004, the BOCC adopted Ordinance No. 018-2004, designating the
boundaries of the Conservation and Natural Areas (CNA), and adopting an interim
moratorium on ROGO and NROGO allocations within CNA until Land Development
Regulations and Comprehensive Plan amendments implementing the work program
mandated by Rule 28-20.100, F.A.C. could be drafted and adopted.
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2 • On April 7, 8, and 11, 2005, hearings were conducted by a Hearing Officer at the
3 Marathon Government Center to consider applications received for review of
4 Conservation and Natural Area (now proposed Tier) boundaries. The Hearing
5 Officer later made recommendations regarding those requests, including
6 recommending changing the designation from Tier I to Tier III for the subject parcels
7 for which change applications had been submitted.
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9 • On March 15, 2006, the Board of County Commissioners (BOCC) passed Ordinance
10 No. 010-2006 adopting amendments to the Land Development Regulations to
11 implement Goal 105 of the 2010 Comprehensive Plan and the Tier Overlay System,
12 providing criteria for designation of tier boundaries, and providing a mechanism for
13 Tier Overlay District Map amendments.0
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15 • On March 15, 2006, the BOCC passed Resolution No. 148-2006 directing Growth
16 Management Division staff to process amendments to the adopted Tier Overlay Map
17 based on review of previous change request applications.
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19 • On March 21, 2006, the Board of County Commissioners passed Ordinance No. 013-
20 2006 adopting an amendment to the Monroe County Land Use District Map to
21 include a Tier Overlay District Map designation on all land in unincorporated
22 Monroe County between Key West and Ocean Reef and designating boundaries for
23 Tier I, Tier II, Tier III, and Tier III -A as required in Goal 105 of the 2010
24 Comprehensive Plan. Due to the direction given by the Florida Administrative
25 Commission (which consists of the Governor and Cabinet), staff was unable to
26 incorporate changes to the Tier Overlay District Map for properties submitted for
27 review and recommended for Tier change through the earlier processes.
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29 • On April 16, 2008, the Board of County Commissioners discussed a resolution to
30 amend the Tier Overlay Map from Tier I to Tier III for twelve properties, which
31 included the applicant's parcel. After discussion, the item was continued to the May
32 21, 2008 meeting of the Board. The County Attorney subsequently requested that this
33 item be reviewed by the Development Review Committee and Planning Commission
34 prior to final approval by the Board.
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36 • The Monroe County Development Review Committee reviewed the proposed FLUM
37 amendment on June 9, 2009 and recommended that the Planning Director submit this
38 amendment for review with the Monroe County Planning Commission.
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40 • The Monroe County Planning Commission reviewed the proposed FLUM
41 amendment on June 24, 2009. Following public testimony and discussion, the
42 Planning Commission voted to recommend approval to the Monroe County Board of
43 County Commissioners.
44
45 V. EVALUATION
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A. Consistency of the proposed amendment with the provisions and intent of the Monroe
County Year 2010 Comprehensive Plan:
Policy 105.2.1 states:
Natural Area (Tier 1): Any defined geographic area where all or a
significant portion of the land area is characterized as environmentally
sensitive by the policies of this Plan and applicable habitat conservation
plan, is to be designated as a Natural Area. New development on vacant
land is to be severely restricted and privately owned vacant lands are to
be acquired or development rights retired for resource conservation and
passive recreation purposes. However, this does not preclude provisions
of infrastructure for existing development. Within the Natural Area
designation are typically found lands within the acquisition boundaries of
federal and state resource conservation and park areas, including isolated
platted subdivisions; and privately -owned vacant lands with sensitive
environmental features outside these acquisition areas.
Staff Comment: The subject parcel has been cleared and was formerly used as a mobile
home park. The property is not presently environmentally sensitive and is not a Natural
Area, therefore, the site does not meet the criteria for designation as Tier 1 as stated in
Policy 105.2.1.
Infill Area (Tier 111): Any defined geographic area, where a significant
portion of land area is not characterized as environmentally sensitive as
defined by this Plan, where existing platted subdivisions are substantially
developed, served by complete infrastructure facilities, and within close
proximity to established commercial areas, or where a concentration of
non-residential uses exists, is to be designated as an Infill Area. New
development and redevelopment are to be highly encouraged. Within an
Infill Area are typically found: platted subdivisions with 50 percent or
more developed lots situated in areas with few sensitive environmental
features; full range of available public infrastructure in tens of paved
roads, potable water, and electricity, and concentrations of commercial
and other non-residential uses within close proximity. in some Infill
Areas, a mix of non-residential and high -density residential uses
(generally 8 units or more per acre) may also be found that form a
Community Center.
Staff Comment: The subject parcel is cleared of all native vegetation and is adjacent to
an exiting single family estate residence. Access to the property is through a privately
maintained gate which is part of a walled and landscaped entranceway. This property is
considered an infill area that meets the criteria established by Policy 105.2.1 for
designation as Tier III.
B. Consistency of the proposed amendment with the provisions and intent of the Monroe
County, Land Development Code:
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2 1. In accordance with MCC See. 102-158(5), the BOCC may consider the adoption of an
3 ordinance enacting the proposed change based on one (1) or more of the following
4 factors:
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6 i. Changed projections (e.g., regarding public service needs) from those on which the
7 text or boundary was based;
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9 None.
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11 ii. Changed assumptions (e.g., regarding demographic trends);
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13 None.
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15 iii. Data errors, including errors in mapping, vegetative types and natural features
16 described in Volume 1 of the Monroe County Year 2010 Comprehensive Plan;
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18 At the time of Tier designations, the subject property was incorrectly designated as
19 Tier I. Ordinance No. 013-2006 states that "Tier III is appropriate for additional
20 infill development because of the location and amount of existing development in the
21 areas designated and the absence of significant upland native habitat patches." The
22 subject parcel does not contain native habitat.
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24 iv. New issues;
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26 The subject property had applications submitted for Tier review and it was
27 determined by the Hearing Officer and the staff committee to have been incorrectly
28 designated as Tier I and met the criteria to be designated as Tier III. Resolution No.
29 148-2006 directed staff to process the amendments based on review of the previous
30 change requests.
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32 v. Recognition of a need for additional detail or comprehensiveness;
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34 The subject property contains no native habitat and does not meet the Tier I criteria as
35 specified in Section 130-130(c)(1) of the Monroe County Code.
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37 vi. Data updates;
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39 The Monroe County's native habitat maps indicate that there are no protected species
40 located within the subject property which supports the proposed change from Tier I to
41 Tier II.
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43 2. In accordance with Section 130-130(c)(1) of the Monroe County Code, Tier I
44 boundaries shall be delineated to include one or more of the following criteria and shall
45 be designated Tier I:
46
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I a. Vacant lands which can be restored to connect upland native habitat patches
2 and reduce further fragmentation of upland native habitat.
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4 Staff Comment: The subject property is separated from native habitat to the east
5 by water and a riprap seawall. The subject property is separated from native
6 habitat to the north by a concrete wall and Old County Road 4A.
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8 b. Lands required to provide an undeveloped buffer, up to 500 feet in depth, if
9 indicated as appropriate by special species studies, between natural areas and
10 development to reduce secondary impacts. Canals or roadways, depending on
11 width, may form a boundary that removes the need for the buffer or reduces its
12 depth.
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14 Staff Comment: Old County Road 4A to the north and the water and riprap
15 seawall to the east removes the need for a buffer
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17 c. Lands designated for acquisition by public agencies for conservation and
18 natural resource protection.
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20 Staff Comment: The subject property is not designation for acquisition by
21 Florida Forever or the Monroe County Land Authority.
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23 d. Known locations of threatened and endangered species, as defined in section
24 101-1, identified on the threatened and endangered plant and animal maps or the
25 Florida Keys Carrying Capacity Study maps, or identified in on -site surveys.
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27 Staff Comment: There are no identified threatened and endangered plant and
28 animal species located on the subject property.
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30 e. Conservation, native area, sparsely settled, and offshore island land use
31 districts.
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33 Staff Comments: The subject property has a Urban Residential Mobil (URM)
34 land use district map designation and a Future Land Use Map designation of
35 Residential High (RH).
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37 f. Areas with minimal existing development and infrastructure.
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39 Staff Comments: The subject property was a former mobile home park and is
40 completely cleared of native habitat. The adjacent property to the west contains
41 an single family estate.
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43 Staff Recommendation: The subject property does not meet the Monroe County Code
44 criteria for Tier I designation
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46 C. Consistency with the Principles for Guiding Development in the Florida Keys Area of
47 Critical State Concern:
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I For the purposes of reviewing consistency of the adopted plan or any amendments to that
2 plan with the principles for guiding development and any amendments to the principles,
3 the principles shall be construed as a whole and no specific provision shall be construed
4 or applied in isolation from the other provisions.
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(a) To strengthen local government capabilities for managing land use and
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development so that local government is able to achieve these objectives without the
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continuation of the area of critical state concern designation.
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(b) To protect shoreline and marine resources, including mangroves, coral reef
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formations, seagrass beds, wetlands, fish and wildlife, and their habitat.
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(c) To protect upland resources, tropical biological communities, freshwater wetlands,
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native tropical vegetation (for example, hardwood hammocks and pinelands), dune
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ridges and beaches, wildlife, and their habitat.
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(d) To ensure the maximum well-being of the Florida Keys and its citizens through
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sound economic development.
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(e) To limit the adverse impacts of development on the quality of water throughout
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the Florida Keys.
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(f) To enhance natural scenic resources, promote the aesthetic benefits of the natural
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environment, and ensure that development is compatible with the unique historic
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character of the Florida Keys.
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(g) To protect the historical heritage of the Florida Keys.
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(h) To protect the value, efficiency, cost-effectiveness, and amortized life of existing
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and proposed major public investments, including:
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1. The Florida Keys Aqueduct and water supply facilities;
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2. Sewage collection and disposal facilities;
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3. Solid waste collection and disposal facilities;
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4. Key West Naval Air Station and other military facilities;
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5. Transportation facilities;
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6. Federal parks, wildlife refuges, and marine sanctuaries;
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7. State parks, recreation facilities, aquatic preserves, and other publicly owned
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properties;
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8. City electric service and the Florida Keys Electric Co-op; and
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9. Other utilities, as appropriate.
34 (i) To limit the adverse impacts of public investments on the environmental resources
35 of the Florida Keys.
36 0) To make available adequate affordable housing for all sectors of the population of
37 the Florida Keys.
38 (k) To provide adequate alternatives for the protection of public safety and welfare in
39 the event of a natural or manmade disaster and for a post disaster reconstruction plan.
40 (1) To protect the public health, safety, and welfare of the citizens of the Florida Keys
41 and maintain the Florida Keys as a unique Florida resource.
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Staff Comment: The proposed amendment consistent with the Principles for Guiding
Development as a whole and is not inconsistent with any one principle.
D. Florida Keys Carrying Capacity Study:
The Florida Keys Carrying Capacity Study suggests four main guidelines for future
development in the Florida Keys:
1. Prevent encroachment into native habitat.
Staff Comment: The subject property presently contains no native habitat. The property
to the west contains an existing single family estate. There is presently native habitat
located to the north and east of the subject property. The land located to the north is
presently buffered from the subject property by a wall, maintained landscaping, and Old
County Road 4A. The land to the east is presently buffered by a riprap seawall.
Designation of this property as Tier III will therefore have minimal impact upon the
native habitat located on adjacent properties.
2. Continue and intensify exiting programs.
Staff Comment: The subject property is not targeted for acquisition by Florida Forever
or the Monroe County Land Authority.
3. If further development is to occur, focus on redevelopment and infill.
Staff Comment: The subject property would promote infill development in a manner
consistent with the character of the surrounding area.
4. Increase efforts to manage the resources.
Staff Comment: Monroe County relies on land acquisition to effectively manage native
habitat. The subject property is not targeted for acquisition by Florida Forever or the
Monroe County Land Authority.
E. Impact on Community Character:
The subject parcel is a former mobile home park that is presently vacant. The adjacent
property contains a single-family estate. The subject parcel does not contain native
habitat. Designation of the subject property as Tier II will be consistent with the
character of the developed single family properties that are presently located to the west
of the site along the south side of Old County Road 4A.
Staff Evaluation: The proposed amendment from Tier I to Tier III can be supported for the
following reasons:
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• The property is consistent with the Tier III designation as defined by Policy 105.2.0 of
the Monroe County Year 2010 Comprehensive Plan.
• The property is not consistent with the Tier I designation as defined by Section 130-
130(c)(1) of the Monroe County Code.
• The proposed tier amendment is consistent with the Principles for Guiding Development
in the Florida Keys Area of Critical State Concern.
• The proposed tier amendment is consistent with the four tenets of the Florida Keys
Carrying Capacity Study.
VI. FINDINGS OF FACT
(1) MCC § 102-158(5)b 3 allows the Board of County Commissioners to consider adopting an
ordinance to enact map changes under six conditions: Changed projections; Changed
assumptions; Data errors; New issues; Recognition of a need for additional detail or
comprehensiveness; and Data updates.
(2) Monroe County accepted applications from various property owners requesting review of Tier
designations for specific properties in unincorporated Monroe County.
(3) The Hearing Officer and Staff Committee made Tier change recommendations based on review
of those applications.
(4) The BOCC instructed County staff to process the amendments to the Tier Overlay District Map
based on the changed recommendations.
(5) Direction given by the Florida Administrative Commission prevented incorporation of those
changes to the Tier Overlay District Map at the time of adoption of the Overlay Map.
(6) The Monroe County Development Review Committee reviewed the proposed tier amendment
request on June 9, 2009 and recommended that the Planning Director submit the tier
amendment to the Monroe County Planning Commission.
(7) The Monroe County Planning Commission reviewed the proposed FLUM amendment
on June 24, 2009. Following public testimony and discussion, the Planning Commission
voted to recommend approval to the Monroe County Board of County Commissioners.
VII. CONCLUSIONS OF LAW
1. The initial Tier I designation for the subject parcel was incorrect.
2. The subject parcel meets the criteria established for designation as Tier III.
3. The proposed amendment is consistent with four tenets of the Florida Keys Carrying
Capacity Study.
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4. The proposed amendment is consistent with the Principles for Guiding Development
in the Florida Keys Area of Critical State Concern.
VII. RECOMMENDED ACTION
Staff recommends approval to the Monroe County Board of County Commissioners..
1I/IIE:MtoVU01:131 WoK
1. Recommendation of Special Master, July 1, 2005
2. BOCC Resolution No. 148-2006
3. Letter from Andrew Omer Trivette, dated September 6, 2006
4. Property Survey
5. Tier Map
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ORDINANCE NO. -2009
AN ORDINANCE BY THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
APPROVING A REQUEST BY PETER G. AND
ELIZABETH C. GIAMPAOLI TO AMEND THE
TIER MAP OVERLAY DESIGNATION FROM TIER
I TO TIER III OF PROPERTY LEGALLY
DESCRIBED AS LOT 35, SUGARLOAF KEY
RESUBDIVISION AND RESURVEY OF
GOVERNMENT LOT 1, SUGARLOAF KEY,
MONROE COUNTY, FLORIDA, HAVING REAL
ESTATE NUMBER 0019360-000100; PROVIDING
FOR SEVERABILITY AND REPEAL OF
INCONSISTENT PROVISIONS; PROVIDING FOR
TRANSMITTAL TO THE SECRETARY OF STATE
AND THE DEPARTMENT OF COMMUNITY
AFFAIRS; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, during a regularly scheduled public meeting held on July 15, 2009,
the Monroe County Board of County Commissioners conducted a review and
consideration of a request filed by Kieran Mahoney on behalf of Peter G. and Elizabetih
C. Giamapoli, to amend the subject property's current Tier Map Overly designation from
Tier I to Tier III; and
WHEREAS, in the tier map amendment application to the Planning &
Environmental Resources Department, the Applicant requested that the current Tier Map
Overlay designation for the parcel identified as Real Estate Number 0019360-00100 be
amended from Tier I to Tier III; and
WHEREAS, at its June 24, 2009 meeting in Marathon, the Monroe County
Planning Commission reviewed the application and recommended approval of a request
filed by Kieran Mahoney on behalf of Peter G. and Elizabetih C. Giamapoli, to amend the
subject property's current Tier Map Overly designation from Tier I to Tier III; as
indicated in PC Resolution P -09; and
WHEREAS, the subject property is located at 16820 Old State Road 4A,
Sugarloaf Key and is legally described as Lot 35 Resubdivision and Resurvey of
Government Lot 1, Sugarloaf Key, having Real Estate Number 0019360-000100; 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 § 102-158(d)(5)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 1 of the
plan; (iv) New issues; (v) Recognition of a need for additional detail or
comprehensiveness; or (vi) Data updates; and
3. Map amendments shall be consistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern; and
4. The map amendment is consistent with the provisions and intent of Chapter
102 of the Monroe County Code:
a. MCC Section 102-158 prohibits any map amendments that would
negatively impact community character.
b. MCC Section 102-158(a) maintains the map amendment is 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.
Page 2 of 4
c. The proposed current land use designation will not adversely affect natural
resources.
d. The proposed current land use designation will not adversely effect traffic
circulation.
e. The proposed current land use designation amendment will not adversely
effect solid waste.
f The proposed current land use designation amendment will not adversely
effect potable water.
g. Staff has determined that the proposed Tier map amendment is consistent
with MCC Sec. 102-158(d)(5)b: (iii) Data errors; and
5. The proposed map amendment is consistent with the Principles for Guiding
Development and not inconsistent with any principle in the Florida Keys Area
of Critical State Concern; and
WHEREAS, during a regularly scheduled public meeting held on July 15, 2009,
the Monroe County Board of County Commissioners conducted a review and
consideration of a request filed by Kieran Mahoney on behalf of Peter G. and Elizabeth
C. Giampaoli, to amend the subject property's current Tier Map Overlay designation
from Tier I to Tier III for the subject property located at 16820 Old State Road 4A,
Sugarloaf Key, legally described as Lot 35, Resubdivision and Resurvey Government
Lot 1, Sugarloaf Key, having Real Estate Number 0019360-000100;.
NOW THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The Board specifically adopts the findings of fact and conclusions of law
stated above.
Section 2. The previously described property, which is currently designated Tier I shall
be designated Tier III as shown on the attached map, which is hereby
incorporated by reference and attached as Exhibit 1.
Section 4. If any section, subsection, sentence, clause, item, change or provision of this
ordinance is held invalid, the remainder of this ordinance shall not be affected
by such invalidity.
Section 5. All ordinances or parts of ordinance in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Page 3 of 4
Section 6. This ordinance shall be filed in the Office of the Secretary of State of the State
of Florida, but shall not become effective until a notice is issued by the
Department of Community Affairs or Administration Commission approving
the ordinance.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting held on the 15`h day of July A.D., 2009.
Mayor George Neugent
Mayor Pro Tern Sylvia Murphy
Commissioner Kim Wigington
Commissioner Heather Carruthers
Commissioner Mario Di Gennaro
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
lH•1
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
Mayor George Neugent
MONROE COUNTY ATTORNEY
AP!!D AS RM
[Oslo:
Page 4 of 4
RECOMMENDATION OF SPECIAL MASTER
RE: BLADES, JACK E. and MICHELLE B.
Application for a boundary amendment to the Conservation and
Natural Area (CNA): RE #00119320-0000000, RE# 00119330-0000001,
RE# 00119340-000000, RE# 00119360-000000, RE# 00119370-
000001 and RE# 00119380-000001 — Sugarloaf Key, formerly known
as the "Patch Property" - (approximately 6.58 acres)
These parcels are located between the Atlantic Ocean and Old State Road 4A on
Sugarloaf Key. Together they comprise approximately 6.58 acres and are
developed with several residences. The properties are not designated for
acquisition by the Florida Forever Lands Acquisition Program, except for what
appears to be a submerged boat basin. There is some mangrove fringe along
the shoreline. The properties are within the sparsely settled SS Land Use
District, although the most Easterly property Is within the Urban Residential
Mobile Home Land Use District. Because these areas are developed, and are
separated from the natural areas to the North by Old State Road 4A, and
because there is complete infrastructure to these lots and because the property
is bounded on all other sides by water and development, It is the my
recommendation that the petition be granted and these properties be deleted
from the CNA designation.
t
Thomas D. Wright
Monroe County Special Master
Dated: July 1, 2005
RESOLUTION NO. 14-- 8-2006
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMIISSIONERS DIRECTING GROWTH
MANAGEMENT DIVISION STAFF TO PROCESS
AMENDMENTS TO THE ADOPTED TIER OVERLAY MAP
BASED ON REVIEW OF PREVIOUS CHANGE REQUESTS.
WHEREAS, the Monroe County Board of County Commissioners, during seven
public hearings held in December 2004, January, February, March, April, May, and June
2005, reviewed and considered the proposed amendments to utilize the Tier overlay maps
as the basis for the ROGO point system, considered Planning Commission, staff
recommendations, and public comments; and
WHEREAS, the Monroe County Board of County Commissioners makes the
foIIowing Findings of Fact:
I. The Board of County Commissioners directed staff to prepare text and map
amendments in Ordinance No. 018-2004 adopted June 16, 2004, to include Tier Overlay
Map designations in accordance with Goal 105 and revisions to ROGO based on the Tier
system utilizing a positive approach that predominately relies on land dedication and
aggregation.
2. Goal 105 provides a framework for future development and land acquisition
for the next 20 or more years, called the "Tier System", that considers the carrying
capacity of the Florida Keys, reduces sprawl and promotes sustainability.
3. The designation of Tiers will be implemented through an overlay of the
County's Land Use District Map, that will be referred to as the "Tier Overlay District
NW'in in the County Code.
4. The adoption and amendments to the Tier Overlay District Map will be in
accordance with procedures for amending the Land Development Regulations in Section
9.5-511, Monroe County Code.
5. Previous to adoption of the Tier Overlay District Maps, Growth Management
Division staff accepted applications from various property
designations for specific properties in unincorporatedowners to review the tier
Monroe County.
6. The review of these requests went to a Special Master Hearing who made
recommendations on the proposed changes.
7. Growth Management Division staff reviewed and also made a
recommendation for for the submitted applications.
PATWATia Rewludon.doc Page 1 of 2
8. Growth Management Division Staff have additional recommendations for
amendments to the designations.
9. Due to the direction given by the Florida Administrative Commission (which
consists of the Governor and Cabinet), staff was unable to incorporate changes to the Tier
Overlay District Map for the properties above.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. Growth Management Division staff is directed to process amendments to the
Tier Overlay District Maps for the properties described in Exhibit A.
Section 2. The amendments will be processed without fee to the property owners of the
properties described in Exhibit A.
Section 3. The amendments will be processed consistent with the procedures for
changing Tier Overlay District Maps.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a special meeting held on the 15th day of March , 2006.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Murray Nelson
c
Commissioner Dixie Spehar
c
tXw4missioner George Neugent
t.
�Owmissioner David Rice
LU
Q
JV�
LL-U
-
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_
Not Present
Yes
Yes
Yes
Nat! Pregant
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY(Z-A
MAYOR PRO TEM
zfm
PATierMer ResoMon.doc Page 2 of 2
ROE
Staff Recomended Changes to flier Overlay System
Exhibit A
114M
114090.0001
114120
114150
114150.0004
117510.00019ta999
117510.0004
118210
119280
119270
119280
119300
119310
110320
119330
119M
119340.0001
119350
119350
119370
119370.0001
119380
171130
Ramrod Key
Ramrod Key
Ramrod Key
Ramrod Key
Ramrod Key
Sugarloaf Key
SW~Key
Sugarloaf Key
Sugarloaf Key
Sugarloaf Key
Sugarloaf Key
Sugarloaf Key
Sugarloaf Key
Sugarloaf Key
Sugarloaf Key
Sugarloaf Key
Sugarloaf Kay
Sugerloet Key
Sugarloaf Key
Sugarloaf Key
Sugarloaf Kay
Sugarloaf Key
Sugarloaf Key
Starr Added
Staff added
Staff Added
Staff added
Krause
Mkiga doily
Stair Added
AIE, INC
Staff Added
Staff Added
Staff Added
Clureme Keevan
Staff` added
Jack Blades
Jack Blades
Jack Blades
Staff Added
Staff Added
Jack Blades
Jack Blades
Staff Added
Jack Blades
William Smith
EM
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-- �„ —W.L tJC,. JJ anoIyO/445 CREATH PAGE 01/02
County of Monroe
Growth Management Division
2798 Ova HWWALVv
Suite 8430
Marathon.l:L 33030
Voice: (303) 2W2300
FAX: (303) 2S9.2536
We strive so be 4"ft profeltsAwd and jWr
September 6, 2DOti
lack blades
16980 (NA Stave Bead 4A
Sugarloaf Key. A 33M
Board of COUBU Com-bdoners
UJOW C'huics McCoy, Dist 3
M4yor ho Tem Dixie Spehar, Dist. I
Georp Neumt, Aiac 2
MWIO Df QWWO. Dist. 4
(dean li'aetoa, Dust. S
RR- Letter of Curnest Stile Conditions for Lot 35 (Re-subdivaioa of Go van a nt Lot 1), Supdeef Kip
PAW $some No. W1I9360.000000
Dear Mr. Blades:
As requested, the abovrre[rranced lot has been reviewed for site conditions porsung to current Monm County land
DevdopaaeW Replmd roc (LDRs) and the Momw County Y—x 2010 Comprdtpt wwq Plain. The fallowing kFpypwft n details
dte ROGO pnocen for building a pdRdpal stra tttue on this lot All ctf the ROGO soaritlg tetsgorin are not addmesed in ibis
fetter. Please note that at the time ft letter enr vnw drafted lots 35 and 34 pro combinod under unity of tfale. Lot 35 may not be
developed as a separate entity until ft is separated from Lot 34. This letw is wnttm bored on em assumpb= that this
separsd on. will occur prior to subatni W of development application.
A mtra visit detmmdned dmt *a parcel to a buildable upland acreage lot located within mrirtcaepomted Mauve County. The lot
doss gwdffy for phis wen (+5) poinb under the' nuclure Availabdityr" a ibvit a of line ROGO scoring system
The ofcml Monroe C)D" habitat map (pa:tal no. 71) dasigrtatm tiw area as "Disturbed'. flawed on the site visit staff does
concur with *do designation. The pond a not designated as wedarW by the official Moau+oa County wudand nape. Staff
found no wed" vegetation and no other bditatass such.os anal Vow or hydric salt, on the ft* this does not meet the
Slate of Florida statutes for wetb nd criteria and data will not be considered a wedoral by Morse County. Please be advised
that dw Army Corps of 13ngbpp n (ACOE) dos not nriliaa Flerlde 9taie wedand criteria and may regutre mitiption tar
development Smd on these exi dkW cerabdons the parcel Ould receWe positive one (+1) under *a "Habitat Protection*
criterim of the ROGO scoring system.
Monroe County code dictates that a parcel daignaied as 'Disturbed" shall batve an open span nquirenvm of twenty pa%)
percent for the esndre lot Open space is the area drat to required to remain unobstructed from lend to sky. Vegetation io not
considered to be an obstractim.
This parcel is located in die "Urban Resfdentful Mobile Horne" (URM) land use district as irLdkeled an pager V2 of the Monroe
County land Use District Maps. W&d n the I" use district of URM Momm l OUnty coda allows a daa ley of five (5) single
family dwelling units per acre, provided that the site is a licensed RV or tomobife home parr, or I unit per lot without the
prper lta WM& Curt+ently Lot 35 artd Lot 34 are aombbtad undo unity of No slat the RV spaces and park designation
allowing this uncrossed dimity of 5 unibr per acme stye assoch"d wl& Lot 34. If the Iota an separated for sale the density
bonus will not apply to Lot 35 ad it will be held to tine density of I single family u of per arse. Any pdac4 l sbucture must
maintain a minimum front setback of twenty five (26) feet frown dw property line, ozw side setback of ffvnr (5) feet Irma the
property line and the other side at tarn (10) fact, and a rear setback of twenty (20) het from the pwperty line in this land use
district A shoreline setback of twenty (atf) feet will apply as this site has an ahsred shoreline adjaeesnt to a awn made canal,
channel or basin. Setbacks an atemuzed to tine hwthm extenvion of the bWMjng, whether it is the roof line, a su&way, porch,
or deck. the maximum permitted height of a house is shirts+ Ono (35) feet to the peak of the roof, as measured firom the pre-
consmution grade on the lot or the crown of the adjacent roadway.
➢W r oil
W: loaf lCsy Lot 3S Supdod iieseb t101193do.dw
a�i a ui �e7ni dt?: 55 3857457445 MATH
PAGE 02/02
Congruentwith tw currt'nt>artd apse for 'rat County ind+�des oafs Pa r l a, theiiMi lmW
High
ignatiOn of URM and WA continua to 84*w for an& fimgy dc alopmen t. T11b win be
Thb �p� 0 apt by sQveral flood zest,% AE•11, V&73, and V&13 and is Shawn tat
"Col WWftKPrWam Flood humnce Rate Map (F7Rw? i1x pat+aei .round FUW ru:mbaar 1�K of the NatiMW
ouM
the vh amu Huard Areal" crlEarion of die R�GO scoring o Th if the d w ��D °M past 0) under the
criierim pad' If " could not be acwanplWed a score of I ? be o�uld wiih
awarded under
Thy Pftv*l aontairn a m= of natfve MW exotk vegctatioat. Some of tote radive trees MAW shall be aaitigp� s! a ratio of z 1. This lot is predamirlately distuarbcd area wick �7ebt on sift or if fury are removedveget Ork will be pro�� by t}te MmIdine aetba& savereI exotic C000rtut Palau. Any sl�orelirte
issuance of a COp of OCMPatuty on the property. �varive exotic vegebaiiot! must be removed from the she pejo r to the
The official
MCI" Cwnty P.ndanrmd $P�s (map # 7) eta probable habitat for any threatened or Ps indicate drat this prapvrty is not
under the me A sP Thus OIW �tt on this parcel shall seaeive zero 1 ft"
'"Threatened or Find " criterion of due ROGO scoring systam
CdW -E points are aQba under ' o" ria. �ttan" "Land DedhatI tt", "Water
'Energy Ca�t#ttan .and Sttuetetral
Manrve County prob6tts affordable housing fman
parcel would receive _ phoW a area that is considered MWkae>xenm
landdt5kI& of URM the to 9 site b °f ROGO . hwever this paw firm
o requirement dun to itus bdi use acCepEnble &r affardab�e h u Wog affanlable
hiD��S tx arse satisfied. if all of the
Plena note that renfsiom to the ctatseitt IX000 syste>zt are pend� and the purls r ueued above are subject to
dWwW
with �ho" reviafans. Tltid p 1 fai 1a vv tl & the'Ticr 1'
bettatt suited far miVMvatiort as appoeed ba tgtad °�" °4SVhz served Ear arm wMdi are
sesohrtloet (1�-?A06j wag FMW by && RDCC to '110 ► *0 to anon �as a lop
� of th&anWe '1Yer IWWdou Pracde a$
3mplen2ft" ian aE the Tler Sys, "M above rde CKId p,� is induded in awn i47 ink for pa*
hum MOr I to TW 3 (AweWpmen} Tier}. TI* cfr� nr will be ftcompUdwdandmg cosnat SdOn upd tlra SOCC Adt►aditMWq for these ft*UO PubRe .rah both the
hea WS daKs. rw rau m hdaral♦ on an dangesObW will be placed In local Mrspe� prior to
htt /www.mo roetaunty.�aN 1 t" p°�' aIt rasall of the Tier By,&= pbeaae vial!
a3,tl�a
This document io for bnfot'ioa�ral p �,• It does rear assign Or gwrrur,tae an devet
Id, rights. 71* inEcnQ C=ahled hMrirt is acctaa4 as of rile date of dell tg of
`° pwjence andmOuEject toarM•
( you haver any goe:tiarts regttrdirg these lam. or if YM&equim f pxtlter
('.� 2$9.25dp please do not hesitptr to contact ar►e at
AxkJrew Cater TrIvette
Sr. Admh*tmtw of ];m4unmental project
cc Coruna Robertsom Admfre stroOm Anisbot
Pile
Pais z of 2
w:WnvireaneatWUJC5G1M.zr:i*3dPrtoaf Kry Lot 35 Susan Bt&d 00119360. dw
PREPARED FOR AND CERTIFIED TO: Pete Giampaoli gj- t,;--
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A HOi1ND]IRY SAVES OF:
Lots 35 and 36, according to the
Dependent Resurvey and Subdivision
of Government Lot 1, Section 14,
Township 67 south, Range 27 east,
Lower Sugarloaf Aey, Monroe County,
Florida,AND the filled submerged
'
lands contiguous to the south of
'
Lot 35, and described by C8kTIFI-
��•
CATE,Recorded in Official Records
b
Book 1406, at Page 2071, of the
Public Records of Monroe County,
b v
Florida.
< SURVEYORS SPECIAL NOTE
Upon Review of the Monroe County
Land Use and Habitat Maps, I
conclude the following: Lot 35
as shown upon this survey map,
is Designated as"URM", and there
exists No habitat, and No protected
Species.
This L t yipesn to ba id Flood 7meA9 EVE Harold L. Overbeek
vAth a btw Rood eWgxde6 Ot In-rr-n &K RwoWn d Lead SLrvgor
F.LILKNo.1620BuaoawvadDr
siS Floe Kq, FL 33043
BENCHMARK: a.o r -07 p 30S-0724763 Fn 872.7146
Cox.(JA i sr1.err-.4 1--reg.
There are no above roww eonoacbmaab
that we ens shows,
Zernficadoa,
busby certify that this sun ey mecu the Minimum Regttiremeabl of OmpDQ
SiG 17�, Flonda Admiaiui»vs Cage, Ptttsumm to Section 472.027, Of the
tort es. SURVEY NOT VALID IF NOT
SEALED WITH A RAISED
FFuold L OvaVeck E11S No. 2912 SURVEYORS SEAL.
1]et! I - 5• o B
tom.
s.enea �4 r..i �� ,,t1aMe Z7
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