Item P2 P2
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
David Rice,District 4
Board of County Commissioners Meeting
December 13, 2023
Agenda Item Number: P2
2023-1814
BULK ITEM: No DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Michael Roberts
AGENDA ITEM WORDING:
A Public Hearing to Consider an Ordinance Approving an Amendment to the Monroe County Tier
Overlay District Map From Tier I To Tier III, For A Portion Of The Property Located At 18 Kay Drive,
Key Largo, Mile Marker 101, Described As A Strip Of Land 125 Feet Wide Lying In Section 21,
Township 61, Range 39 East, Key Largo, Monroe County, Florida, Being Part Of Tract 7,And Part Of
Tract 8, Largo Sound-Tarpon Basin Properties, Plat Book 4, Page 130, Currently Having Property
Identification No. 00086580-000000, As Proposed By Rafael Bezanilla; Providing For Severability;
Providing For Repeal Of Conflicting Provisions; Providing For Transmittal To The State Land Planning
Agency And The Secretary Of State; Providing For Amendment To The Tier Overlay District Map;
Providing For An Effective Date.
ITEM BACKGROUND:
Agent Mercedes Lozada, on behalf of Rafael Bezanilla,property owner, is requesting to amend the Tier
Overlay District designation from Tier I to Tier III, for a portion of 18 Kay Drive, Key Largo, Being
Part Of Tract 7, And Part Of Tract 8, Largo Sound-Tarpon Basin Properties, Plat Book 4, Page 130,
Currently Having Property Identification No. 00086580-000000.
Site Information
Address: 18 Kay Drive, Key Largo
Legal Description: Section 21 Township 61 Range 39 East, Island Of Key Largo Plat Book 4
Page 130 Island of Key Largo Part Of Tract 7 and Part of Tract 8, Key Largo (See Exhibit I, attached)
Current Property ID No.: 00086580-000000
3550
Applicant/Agent: Mercedes Lozada
Owner: Rafael Bezanilla
Size of Site: 3.76 acres (MCPA Data)
Land Use District: RV/SR(application applies only to RV LUD)
FLUM Designation: MC/RL (application applies only to MC FLUM)
Tier Designation: I
Flood Zone: AE-9
Existing Use: Vacant
Existing Vegetation / Habitat: Scarified, cleared land and invasive exotic vegetation (Australian
pines)
Community Character of Immediate Vicinity: The subject property consists primarily of an
improved (paved) ingress/egress easement. The eastern portions of the easement contain hammock,
however the area proposed for the Tier Designation does not contain hammock and is mapped as
containing disturbed and disturbed with exotics habitat since 1985. The adjacent parcels (north and
south of the subject parcel) consist of developed RV (Calusa Campground) and Mobile Home (Key
Largo Trailer Village)parks.
The Tier Designation of I is not consistent with the criteria of Comprehensive Plan Policy 205.1.1.
It appears that this area was designated in error.
See full analysis in attached Staff Report.
PREVIOUS RELEVANT BOCC ACTION:
The Monroe County Board of County Commissioners adopted Ordinance Nos. 08-2006, 09-2006, 10-
2006, 11-2006 and 13-2006 in March of 2006, establishing the Tier system maps.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
3551
2023-135 BOCC Staff Report.docx
Exhibit I to Ordinance.pdf
Tier—Ordinance.pdf
FINANCIAL IMPACT:
N/A
3552
1188
MEMORANDUM
MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring,professional and fair
To: The Monroe County Board of County Commissioners
Through: Emily Schemper, AICP, Senior Director of Planning & Environmental Resources
From: Michael Roberts, Assistant Director/Environmental Resources
Date: October 25, 2023
Subject: An Ordinance By The Monroe County Board Of County Commissioners Amending
The Monroe County Tier Overlay District Map From Tier I To Tier 111, For A
Portion Of The Property Located At 18 Kay Drive, Key Largo, Mile Marker 101,
Described As A Strip Of Land 125 Feet Wide Lying In Section 21, Township 61,
Range 39 East, Key Largo, Monroe County, Florida, Being Part Of Tract 7, And
Part Of Tract 8, Largo Sound-Tarpon Basin Properties, Plat Book 4, Page 130,
Having Parcel ID 00086580-000000, As Proposed By Rafael Bezanilla; Providing
For Severability; Providing For Repeal Of Conflicting Provisions; Providing For
Transmittal To The State Land Planning Agency And The Secretary Of State;
Providing For Amendment To The Tier Overlay District Map; Providing For An
Effective Date (File 2023-135)
Meeting: December 13, 2023
1
2 I REQUEST
3 Agent Mercedes Lozada,on behalf of Rafael Bezanilla,property owner,is requesting to amend
4 the Tier Overlay District designation from Tier I to Tier III,for a portion of 18 Kay Drive,Key
5 Largo, currently having Parcel ID Number 00086580-000000. The complete legal description
6 of the proposed amendment is attached as Exhibit 1.
7
File No.2023-135 BOCC Staff Report Pagel of 8
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2 Subject Parcel(outlined in red)(2023)
3
4 II BACKGROUND INFORMATION & RELEVANT PRIOR COUNTY ACTIONS
5
6 Site Information
7 Address: 18 Kay Drive, Key Largo
8 Legal Description: Section 21 Township 61 Range 39 East, Island Of Key Largo Plat
9 Book 4 Pagel30 Island of Key Largo Part Of Tract 7 and Part of
10 Tract 8, Key Largo (See Exhibit I, attached)
11 Parcel ID Number: 00086580-000000
12 Applicant/Agent: Mercedes Lozada
13 Owner: Rafael Bezanilla
14 Size of Site: 3.76 acres (MCPA Data)
15 Land Use District: RV/SR(application applies only to RV LUD)
16 FLUM Designation: MC/RL (application applies only to MC FLUM)
17 Tier Designation: I
18 Flood Zone: AE-9
19 Existing Use: Vacant
20 Existing Vegetation/Habitat: Scarified, cleared land and invasive exotic vegetation
21 (Australian pines)
22
File No. 2023-135 BOCC Staff Report Page 2 of 8
3554
I Community Character of Immediate Vicinity: The subject parcel consists primarily of an
2 improved (paved) ingress/egress easement. The eastern portions of the easement contain
3 hammock, however the area proposed for the Tier Designation does not contain hammock and
4 is mapped as containing disturbed and disturbed with exotics habitat since 1985. The adjacent
5 parcels (north and south of the subject parcel) consist of developed RV (Calusa Campground)
6 and Mobile Home(Key Largo Trailer Village)parks.
7
8 Previous County Action
9
10 The Monroe County Board of County Commissioners adopted Ordinances 08-2006, 09-2006,
11 10-2006, 11-2006 and 13-2006 in March of 2006.
12
13 Community Meeting
14 A Community Meeting was held virtually on Thursday August 24, 2023. Community
15 comments were generally opposed to the amendment due to potential for future development,
16 with questions regarding connectivity with conservation lands to the west also being raised.
17
18 DRC Review
19 The request was reviewed by the Development Review Committee (DRC) on September 26,
20 2023. Public comment included objection to the proposed amendment based on stated
21 inconsistencies with the following review criteria of 130-130(c)(1):
22 a. Vacant lands which can be restored to connect upland native habitat patches and reduce
23 further fragmentation of upland native habitat.
24
25 Public Comment. The Subject Parcel is vacant land which can be restored to connect to
26 the tropical hardwood hammock, and reduce the further fragmentation of the upland
27 native habitat between the parcel to the east and the parcel to the west.
28 [Staff response: There is no native upland habitat west of the subject parcel)
29
30 d. Known locations of threatened and endangered species, as defined in section 101-1,
31 identified on the threatened and endangered plant and animal maps or the Florida Keys
32 Carrying Capacity Study maps, or identified in on-site surveys.
33
34 Public Comment. Included in the information provided by the applicant is Ms.
35 Sunderland's, Environmental Consultant report which indicates the Subject Parcel
36 includes black mangrove and the white mangrove two (2) species of special concern.
37 Species of special concern warrant consideration and allowing a tier III designation
38 would allow 40% of these species to be removed.
39 [Staff response: Neither species of mangrove is included in the Florida's
40 Regulated Plant Index (Rule 5B-40.0055) and are not considered as threatened or
41 endangered species by the State of Florida or under the Endangered Species Act.
42 Florida Department ofAgriculture and Consumer Services(FDACS)no longer compiles
43 lists of plants of Special Concern).
44
45 Comment was also received addressing the previous unpermitted clearing on the subject
46 parcel:
File No.2023-135 BOCC Staff Report Page 3 of 8
3555
I SECTION 130-130 (e) says that the clearing of tropical hardwood hammock or pinelands
2 that results in the reduction of the area of an upland native habitat patch to less than the
3 one-acre minimum shall not constitute sufficient grounds for amending the designation.
4
5 The Property is subject to code enforcement action due to the Property Owner's
6 unpermitted clearing of native vegetation in many areas. [Code Case CE21060012] and
7 the corrective action requires the property owner to restore the vegetation.
8 Since, it has been determined that the vegetation must he restored, changing to Tier III
9 designation would allow the removal of 40%of the habitat, which contravenes the intention
10 of the restoration permit.
11
12 On April 18, 2023, Permit 21302272 was issued for the restoration of native trees within
13 the unpermitted clearing area, which is not within the portion of the parcel proposed to be
14 changed to Tier 111. The initial inspection was passed on October 3, 2023. Code
15 Compliance case CE21060012 was deemed Compliant with the Permit being issued and
16 the Initial Planting inspection being passed.
17
18 PC Review
19 The requested amendment was heard by the Planning Commission on October 25, 2023.
20 Public testimony provided at the Planning Commission Hearing included the following points:
21
22 • Inconsistent with Tier Designation Criteria
23 o Vacant land that could be restored
24 There is no native upland habitat to the west, and there is no requirement
25 in the Comprehensive Plan or the LDC for private property owners to
26 restore or create upland habitat.
27 • Code Compliance Issues
28 o CE21060012 was opened for the unpermitted clearing of native vegetation.
29 Restoration was required and completed for hammock areas which are outside
30 the portion of the parcel proposed to be changed to Tier III. The Code Case was
31 deemed compliant on October 3, 2023.
32
33 III PROPOSED AMENDMENT
34
35 Request to amend the Tier Overlay District designation for that portion of Parcel#00086580-
36 000000 that is within the Recreational Vehicle (RV) Land Use District(LUD).
37
File No.2023-135 BOCC Staff Report Page 4 of 8
3556
1 � I
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I III II.•
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Existing Tier(1) Proposed Tier(111)
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3 1986 Existing Conditions Map, Sheet 274
4 740 —Disturbed Land and 740.5 —Disturbed with Exotics
5
6 IV Review of Amendment
7
8 Monroe County 2030 Comprehensive Plan Policy 205.1.1 provides the criteria for the designation
9 of Tier 111-A(Special Protection Areas):
10
11 Objective 205.1
File No.2023-135 BOCC Staff Report Page 5 of 8
3557
I Monroe County shall maintain the Tier Overlay District Maps as required in Policy 105.2.2. [F.S.
2 § 163.3177(6)d.2.d., h.]
3
4 Policy 205.1.1
5 The County shall establish the following criteria, at a minimum, to use when designating Tiers:
6 [F.S. § 163.3177(6)d.2.d., h.]
7 1. Land located outside of Big Pine Key and No Name Key shall be designated as Tier I based
8 on following criteria:
9 • Natural areas including old and new growth upland native vegetated areas, above 4
10 acres in area.
11 • Vacant land which can be restored to connect upland native habitat patches and
12 reduce further fragmentation of upland native habitat.
13 • Lands required to provide an undeveloped buffer, up to 500 feet in depth, if
14 indicated by appropriate special species studies, between natural areas and
15 development to reduce secondary impacts; canals or roadways, depending on size
16 may form a boundary that removes the need for the buffer or reduces its depth.
17 • Lands designated for acquisition by public agencies for conservation and natural
18 resource protection.
19 • Known locations of threatened and endangered species.
20 • Lands designated as Conservation and Residential Conservation on the Future Land
21 Use Map or within a buffer/restoration area as appropriate.
22 • Areas with minimal existing development and infrastructure.
23 2. Lands on Big Pine Key and No Name Key designated as Tier I, II, or III shall be in
24 accordance with the wildlife habitat quality criteria as defined in the Habitat Conservation
25 Plan for those islands.
26 3. Lands located outside of Big Pine Key and No Name Key that are not designated Tier I
27 shall be designated Tier 111.
28 4. Designated Tier III lands located outside of Big Pine Key and No Name Key with tropical
29 hardwood hammock or pinelands of one acre or greater in area shall be designated as
30 Special Protection Areas.
31 5. Lands within the Ocean Reef planned development shall be excluded from any Tier
32 designation.
33 The subject parcel does not meet the criteria for Tier I. As required by Comprehensive Plan Policy
34 205.1.1 and Land Development Code Section 130-130(b)(2), lands that are not designated Tier I
35 shall be designated Tier 111.
36 130-130:
37 (c) Tier boundary criteria, excluding Big Pine Key and No Name Key. The tier boundaries are
38 designated using aerial photography,data from the Florida Keys Carrying Capacity Study,
39 the endangered species maps, property and permitting information and field evaluation.
40 The following criteria, at a minimum, are used to evaluate upland habitats and designate
41 boundaries between different tier overlays:
42 2. Lands located outside of Big Pine Key and No Name Key that are not designated tier
43 I shall be designated tier 111.
44
File No.2023-135 BOCC Staff Report Page 6 of 8
3558
I a. The following conditions shall constitute a break in pinelands or tropical hardwood
2 hammock for calculating the one-acre minimum patch size for designation of tier
3 111-A boundaries:
4 1. U.S. Highway 1, canals and open water;
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
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 area
11 with a ROGO/NROGO allocation award or issued building permit, as of
12 September 28, 2005, located within a Land Use District that allows
13 residential development of more than one dwelling unit per parcel/lot or
14 non-residential development.
15 Based on the above, staff finds that the appropriate Tier Overlay District designation for the
16 subject parcel is Tier III.
17 Consistency of the proposed amendment with the provisions and intent of the Monroe
18 County Land Development Code:
19 Staff has determined that the proposed tier overlay district (zoning) map amendment is
20 not inconsistent with the provisions and intent of Section 130-130 of the Monroe County
21 Land Development Code.
22
23 Sec. 130-130. —Tier Overlay District
24 (a) Purpose. The purpose of the tier overlay district is to designate geographical areas
25 outside of the mainland of the county, excluding the Ocean Reef planned development,
26 into tiers to assign ROGO and NROGO points, determine the amount of clearing of
27 upland native vegetation that may be permitted, and prioritize lands for public
28 acquisition. The tier boundaries are to be depicted on the tier overlay district map.
29 Lands on Big Pine Key and No Name Key shall be delineated as tier 1, 11, or 111. Lands
30 in the remainder of the unincorporated county, excluding the Ocean Reef planned
31 development, shall be delineated as tier 1, 111, and 111-A(special protection area).
32
33 (b) Tier boundaries. Tier boundaries shall follow property lines wherever possible,
34 except where a parcel line or distinct geographical feature, such as a canal or
35 roadway, may be more appropriate.
36
37 (c) Tier boundary criteria, excluding Big Pine Key and No Name Key. The tier
38 boundaries are designated using aerial photography, data from the Florida Keys
39 Carrying Capacity Study, the endangered species maps, property and permitting
40 information and field evaluation. The following criteria, at a minimum, are used to
41 evaluate upland habitats and designate boundaries between different tier overlays:
42
File No.2023-135 BOCC Staff Report Page 7 of 8
3559
1 (1) Tier I boundaries shall be delineated to include one or more of the following criteria
2 and shall be designated tier I:
3 a. Vacant lands which can be restored to connect upland native habitat patches
4 and reduce further fragmentation of upland native habitat.
5 b. Lands required to provide an undeveloped buffer, up to 500 feet in depth, if
6 indicated as appropriate by special species studies, between natural areas and
7 development to reduce secondary impacts. Canals or roadways, depending on
8 width, may form a boundary that removes the need for the buffer or reduces its
9 depth.
10 c. Lands designated for acquisition by public agencies for conservation and
11 natural resource protection.
12 d. Known locations of threatened and endangered species, as defined in section
13 101-1, identified on the threatened and endangered plant and animal maps or
14 the Florida Keys Carrying Capacity Study maps, or identified in on-site
15 surveys.
16 e. Conservation, native area, sparsely settled, and offshore island land use
17 districts.
18 f. Areas with minimal existing development and infrastructure.
19 (2) Lands located outside of Big Pine Key and No Name Key that are not designated
20 tier I shall be designated tier 111.
21 a. The following conditions shall constitute a break in pinelands or tropical
22 hardwood hammock for calculating the one-acre minimum patch size for
23 designation of tier III-A boundaries:
24 1. U.S. Highway 1, canals and open water;
25 2. Any disturbed pinelands or tropical hardwood hammock with invasive
26 coverage of 40 percent or more;
27 3. Property lines of developed lots or vacant lots with a ROGO allocation
28 award or an issued building permit, as of September 28, 2005, located
29 within a Land Use District that allows only one unit per lot; or
30 4. Property lines of developed parcels of less than 10,000 square feet in
31 area with a ROGO/NROGO allocation award or issued building permit,
32 as of September 28,2005, located within a Land Use District that allows
33 residential development of more than one dwelling unit per parcel/lot or
34 non-residential development.
35
36 Consistency of the proposed amendment with the Principles for Guiding Development in the
37 Florida Keys Area of Critical State Concern pursuant to F.S. Chapter 380.0552(7).
38
39 For the purposes of reviewing consistency of the Land Development Code or any amendments
40 to the Code with the principles for guiding development and any amendments to the principles,
41 the principles shall be construed as a whole and no specific provision shall be construed or
42 applied in isolation from the other provisions.
43
44 (a)To strengthen local government capabilities for managing land use and development so
45 that local government is able to achieve these objectives without the continuation of the
46 area of critical state concern designation.
File No.2023-135 BOCC Staff Report Page 8 of 8
3560
I (b) To protect shoreline and marine resources, including mangroves, coral reef formations,
2 seagrass beds, wetlands, fish and wildlife, and their habitat.
3 (c) To protect upland resources, tropical biological communities, freshwater wetlands,
4 native tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges
5 and beaches, wildlife, and their habitat.
6 (d) To ensure the maximum well-being of the Florida Keys and its citizens through sound
7 economic development.
8 (e) To limit the adverse impacts of development on the quality of water throughout the
9 Florida Keys.
10 (f) To enhance natural scenic resources, promote the aesthetic benefits of the natural
11 environment, and ensure that development is compatible with the unique historic character
12 of the Florida Keys.
13 (g) To protect the historical heritage of the Florida Keys.
14 (h) To protect the value, efficiency, cost-effectiveness, and amortized life of existing and
15 proposed major public investments, including:
16 1. The Florida Keys Aqueduct and water supply facilities;
17 2. Sewage collection and disposal facilities;
18 3. Solid waste collection and disposal facilities;
19 4. Key West Naval Air Station and other military facilities;
20 5. Transportation facilities;
21 6. Federal parks, wildlife refuges, and marine sanctuaries;
22 7. State parks, recreation facilities, aquatic preserves, and other publicly owned
23 properties;
24 8. City electric service and the Florida Keys Electric Co-op; and
25 9. Other utilities, as appropriate.
26 (i) To limit the adverse impacts of public investments on the environmental resources of
27 the Florida Keys.
28 0) To make available adequate affordable housing for all sectors of the population of the
29 Florida Keys.
30 (k) To provide adequate alternatives for the protection of public safety and welfare in the
31 event of a natural or manmade disaster and for a post disaster reconstruction plan.
32 (1) To protect the public health, safety, and welfare of the citizens of the Florida Keys and
33 maintain the Florida Keys as a unique Florida resource.
34
35 Staff finds the proposed amendment consistent with the Principles for Guiding
36 Development as a whole and is not inconsistent with any one principle.
37
38 In accordance with MCC M2-158(d)(5)., the BOCC may consider the adoption of an
39 ordinance enacting the proposed change based on one or more of the following factors:
40
41 1. Changed projections (e.g., regarding public service needs)from those on which the text or
42 boundary was based,
File No.2023-135 BOCC Staff Report Page 9 of 8
3561
I NA
2
3 2. Changed assumptions (e.g., regarding demographic trends);
4 NA
5
6 3. Data errors, including errors in mapping, vegetative types and natural features described
7 in Volume I of the Year 2010 Comprehensive Plan;
8 The Tier Designation of I is not consistent with the criteria of Comprehensive Plan
9 Policy 205.1.1. It appears that this area was designated in error.
10
11 4. New issues;
12 NA
13
14 5. Recognition of a need for additional detail or comprehensiveness; or
15 NA
16
17 6. Data updates;
18 The physical characteristics of the property are not consistent with the Tier I criteria
19 contained in Section 130-130 of the Land Development Code and Policy 205.1.1 of the
20 Comprehensive Plan.
21
22 7. Impact on Community Character:
23 The Tier Overlay District designation is utilized to implement and score ROGO
24 applications, to steer growth and to establish clearing limits. The Tier designation is
25 not expected to impact community character. There are no native upland habitats on
26 the portion of the parcel requested to be changed.
27
28 V RECOMMENDATION
29
30 Staff recommends approval of the proposed amendment as the subject portion of the
31 parcel does not meet the criteria for Tier I designation and is more appropriately
32 designated Tier III in accordance with criteria of Section 130-130(b)(2) of the Land
33 Development Code.
File No.2023-135 BOCC Staff Report Page 10 of 8
3562
EXHIBIT I
TIER OVERLAY DISTRICT MAP AMENDMENT
PROPOSED TIER OVERLAY DISTRICT DESIGNATION
3563
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7 ORDINANCE NO. 2023
8
9 AN ORDINANCE APPROVING AN AMENDMENT TO THE MONROE COUNTY
10 TIER OVERLAY DISTRICT MAP FROM TIER I TO TIER III,FOR A PORTION
11 OF THE PROPERTY LOCATED AT 18 KAY DRIVE, KEY LARGO, MILE
12 MARKER 101, DESCRIBED AS A STRIP OF LAND 125 FEET WIDE LYING IN
13 SECTION 21, TOWNSHIP 61, RANGE 39 EAST, KEY LARGO, MONROE
14 COUNTY, FLORIDA, BEING PART OF TRACT 7, AND PART OF TRACT 8,
15 LARGO SOUND-TARPON BASIN PROPERTIES, PLAT BOOK 4, PAGE 130,
16 CURRENTLY HAVING PROPERTY IDENTIFICATION NO. 00086580-000000,
17 AS PROPOSED BY RAFAEL BEZANILLA; PROVIDING FOR SEVERABILITY;
18 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING
19 FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE
20 SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO THE TIER
21 OVERLAY DISTRICT MAP; PROVIDING FOR AN EFFECTIVE DATE.
22
23
24 WHEREAS, the Monroe County Planning and Environmental Resources Department
25 ("Department') has received an application from Mercedes Lozada, on behalf of Rafael Bezanilla,
26 ("property owner" or the "owner"), to amend the Tier Map Overlay designation for a portion of the
27 property currently having Property Identification No. 00086580-000000 ("subject property" or the
28 "property") to be amended from Tier I to Tier III; and
29
30 WHEREAS,the subject property is located at 18 Kay Drive,Key Largo,Monroe County,Florida;
31 and
32
33 WHEREAS,the Monroe County Planning Commission("Planning Commission") considered the
34 proposed amendment at a duly noticed regularly scheduled meeting held on the 25th day of October,2023;
35 and
36
37 WHEREAS,based upon the information and documentation submitted,the Planning Commission
38 made the following findings of fact and conclusions of law:
39
40 1. Monroe County Land Development Code("LDC") § 102-158(a)maintains that map amendments
41 (including the land use district maps) are not intended to relieve particular hardships, nor to confer
42 special privileges or rights on any person, nor to permit a change in community character, as
43 analyzed in Monroe County Year 2010 Comprehensive Plan, but only to make necessary
44 adjustments in light of changed conditions; and
45
46 2. Pursuant to LDC § 102-158(d)(7)(b), the Monroe County Board of County Commissioners
47 ("Monroe County", the "County", "BOCC", or the "Board") may consider the adoption of an
48 ordinance enacting the proposed change based on one (1) or more of the following factors: (1)
1 of 3
3565
I Changed projections (e.g., regarding public service needs) from those on which the text or
2 boundary was based; (2) Changed assumptions (e.g., regarding demographic trends); (3) Data
3 errors, including errors in mapping, vegetative types and natural features described in Volume 1
4 of the Plan; (4)New issues; (5)Recognition of a need for additional detail or comprehensiveness;
5 (6)Data updates; and(7)Consistency with the Comprehensive Plan and the Principles for Guiding
6 Development as defined in Florida Statutes § 380.0552; and
7
8 3. The Department's professional staff have determined that the proposed Tier map amendment is
9 necessary due to Monroe County Land Development Code § 102-158(d)(7)(b)(3) (Data errors);
10 and
11
12 4. The proposed map amendment is consistent with the Principles for Guiding Development and not
13 inconsistent with any principle in the Florida Keys Area of Critical State Concern; and
14
15 WHEREAS, at a regular meeting held on the 13th day of December, 2023, the Monroe County
16 Board of County Commissioners held a duly noticed public hearing to consider the adoption of the
17 proposed amendment, considered the Department's professional staff report and provided for public
18 comment and public participation in accordance with the requirements of state and local law and the
19 procedures adopted thereto for public participation in the planning process;
20
21 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
22 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
23
24 Section 1. Recitals and Legislative Intent. The foregoing recitals and statements of legislative
25 intent are true and correct and are hereby incorporated as if fully stated herein; and
26
27 Section 2. A portion of the subject property currently having Property Identification No. 00086580-
28 000000, which is currently designated as Tier I, shall be designated Tier III as shown on
29 the attached map, attached as "Exhibit 1" which is hereby incorporated by reference as if
30 fully stated herein.
31
32 Section 3. Construction and Interpretation. The construction and interpretation of this ordinance,
33 and all provisions of the Monroe County Codes, Comprehensive Plan, floodplain
34 management regulations, and Florida Building Code whose interpretation arises out of,
35 relates to, or is interpreted in connection with this ordinance, these being necessary for the
36 health, safety, and welfare of the residents of and visitors to unincorporated Monroe
37 County, shall be construed in favor of the Monroe County BOCC, and such interpretations
38 shall be entitled to great weight in adversarial administrative proceedings, at trial, and on
39 appeal.
40
41 Section 4. Severability, Partial Invalidity, and Survival of Provisions. If any provision of this
42 ordinance, or any section, subsection, or part or portion thereof, is held to be invalid or
43 unenforceable by any administrative hearing officer or court of competent jurisdiction, the
44 invalidity or unenforceability of such provision, or part or portion thereof, shall neither
45 limit nor impair the operation, enforceability, or validity of any other provisions of this
46 ordinance, or any remaining section(s), subsection(s), part(s), or portion(s) thereof All
2 of 3
3566
I other provisions, parts, and portions thereof shall continue unimpaired in full force and
2 effect.
3
4 Section 5. Repeal of Inconsistent Provisions. All ordinances or parts of ordinance in conflict with
5 this ordinance are hereby repealed to the extent of said conflict. The repeal of an ordinance
6 herein shall not repeal the repealing clause of such ordinance or revive any ordinance which
7 has been repealed thereby.
8
9 Section 6. Transmittal. This ordinance shall be transmitted in accordance with general law including
10 but not limited to the State Land Planning Agency as required by Florida Statutes §§
11 380.05(11) and 380.0552(9).
12
13 Section 7. Filing and Effective Date. This ordinance shall be filed in the Office of the Secretary of
14 the State of Florida but shall not become effective until approved by the State Land
15 Planning Agency and, if appealed, until the appeal is resolved pursuant to Florida Statutes
16 Chapter 120.
17
18 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
19 at a regular meeting held this 13th day of December, 2023.
Mayor Holly Merrill Raschein, District 5
Mayor Pro Tem James K. Scholl, District 3
Craig Cates, District 1
Michelle Lincoln, District 2
David Rice, District 4
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor Holly Merrill Raschein
(ATrOnNEY
APPW(SEAL)
T f FORM
d.
ATTEST: KEVIN MADOK, CLERK PrETER
ASSISTANT COUNTY ATTORNEY
Date: 11/28/23
AS DEPUTY CLERK
3 of 3
3567
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REQUEST FOR AN AMENDMENTTO
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December 1 u2
Michael Roberts, CEP, PWSa CFM
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AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY CQMM18,�*/,//101 °/`'`
AMENDING THE MONROE COUNTY TIER OVERLAY, DISTRICT MAP FRO
FOR A PORTION OF THE PROPERTY LOCATED AT 18 KAY DRIVE KEY LARGO
MARKER 101 DESCRIBED AS A STRIP OF LAND 125 FEET WIDE LYING
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TOWNSHIP61 , RANGE 39 EAST, KEY LARGO, MONRQECOUNTY E
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TRACT 7, AND PART OF TRACT 8, LARGO SOUND-TARPON BASIN F� � ` rLAT BOOK
4, PAGE 130, HAVING PARCEL ID 00086580-000U0( /� ROPOSED BY;FrAF� L`BEZANILLA
PROVIDING FOR SEVERABILITY; PROVIDING SEPAL OF.CONFLICTING PROVISLOI
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PROVI DING FOR TRANSMITTAL TO S�TAT�"LAI (D�`�PLANNING AGENCY AND Tr,
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SECRETARY OF STATE; PROVIDING FOR AMECIDMENT TO THE TIER O �'
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MAP; PROVIDING FOR AN EFFECTIVE DATE. "
FILE 2023-135 % ;��,'
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EXCLUDING BIG PINE KEPT OAME
The tier boundaries are designated using aerial photography data from the Florida
Carrying Capacity Study, the endangered species maps,property and permitting,/1
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field evaluation. The following criteria, at a minimum, are,; sed to evaluat d
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designate boundaries between different tier overlays ,
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b) Tier boundaries. Tier boundaries shall follow property lug , wherever poslcept where
a parcel line or distinct geographical feature, such as a canal:or roadway, may be mere
appropriate.
(c)
(1)Tier I boundaries shall be delineated to include one or more of the following
be designated tier I:
a. Vacant lands which can be restored to connect upland native habitat patchs and reduce
further fragmentation of uplandnative habitat:
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TIER BOUNDARY C 'ER, '
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EXCLUDING BIG PINE KEY AND `,,
b. Lands required to provide an undeveloped buffer, up to 500 feet in depth, if indicted as"
special species studies, between natural areas and development to reduce seconda na1
roadways, depending on width, may form a boundary that removes the '„ � ducs�`ft
depth. ' ,„ ���//
C. Lands designated for acquisition by public agencies for cons/ r atl and natural r e rotection.
d. Known locations of threatened and endangered spee» defined in section"I 0 l -1, identified on the
threatened and endangered plant and animal maps or'the Florida Keys Carrying Capacity Studyp /„ '
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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.
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TIER BOUNDAR ,C ' ' I A "'
EXCLUDING BIG PINE KEY AND °KEY` .
Lands located outside of BigPine Key and No Name Key, are not de�i
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tier III.
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STAFF REC(1N
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The subject parcel does not meet the criteria for Tier I. 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.
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Staff recommends approval of the proposed amendment as the designated portion
the parcel does not meet the criteria for Tier I designation and is more appropriately
designated Tier III in accordance with criteria of Section 13 0-13 0(b)(2) of the-Land
Development Code.