Item R5 R5
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
January 31, 2024
Agenda Item Number: R5
2023-1988
BULK ITEM: No DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Mike Roberts
No
AGENDA ITEM WORDING:
A Public Hearing to Consider Approval of an Ordinance Amending the Monroe County Tier Overlay
District Map from Tier I to Tier III for Property Located at 5304 3rd Avenue, Stock Island, Lot 11,
Block 53, Stock Island, Plat Book 1, Page 55, Currently Having Property Identification Number
00126700-000000, Located at Approximate Mile Marker 4.7.
ITEM BACKGROUND:
Paul LaRochelle, on behalf of Property Development and Acquisition, LLC, has requested approval of
an amendment to the Monroe County Tier Overlay District Map from Tier I to Tier III, for property
located at 5304 3rd Avenue, Stock Island, Lot 11, Block 53, Stock Island, Plat Book 1, Page 55,
currently having property identification number 00126700-000000, and located at approximate mile
marker 4.7.
Site Information
Address: 5304 3rd Avenue, Stock Island
Legal Description: Block 53 Lot 11 Stock Island Plat Book 1 Page 55, Stock Island
(See Exhibit I, attached)
Current Property ID Number: 00126700-000000
Applicant/Agent: Paul LaRochelle
Owner: Property Development and Acquisition, LLC
4682
Size of Site: 7,500 Square Feet(MCPA Data)
Land Use District: Mixed Use (MU)
FLUM Designation: Mixed Commercial(MC)
Tier Designation: I
Flood Zone: AE-8
Existing Use: Storage
Existing Vegetation/Habitat: Developed land (formerly covered with exotic vegetation consisting
of Brazilian Pepper and Mahoe)
*SEE STAFF REPORT FOR FULL ANALYSIS*
PREVIOUS RELEVANT BOCC ACTION:
The Monroe County Board of County Commissioners originally adopted the Tier Overlay District Map
through Monroe County Ordinance Nos. 08-2006, 09-2006, 10-2006, 11-2006 and 13-2006 in March of
2006.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
Approval.
DOCUMENTATION:
2023-192 BOCC SR.docx
Exhibit I Tier_Amendment_Ord_Map_Prop Dev Acq.pdf
BOCC_Ordinance.pdf
FINANCIAL IMPACT:
N/A
4683
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: January 2, 2024
Subject: An Ordinance by the Monroe County Board of County Commissioners Amending
the Monroe County Tier Overlay District Map from Tier I to Tier III, as requested
by Paul LaRochelle on behalf ofProperty Development and Acquisition, LLC for
property located at 5304 3rd Avenue, Stock Island, Lot 11, Block 53, Stock Island,
Plat Book 1, Page 55, having Parcel ID Number 00126700-000000; approximate
mile marker 4.7.
Meeting: January 31, 2024
1
2 I REQUEST
3 Agent Paul LaRochelle on behalf of Property Development and Acquisition, LLC,property
4 owner, is requesting to amend the Tier Overlay District designation from Tier I to Tier III,
5 for property located at 5304 3rd Avenue, Stock Island, Lot 11, Block 53, Stock Island, Plat
6 Book 1, Page 55, having Parcel ID Number 00126700-000000. The complete legal
7 description of the proposed amendment is attached as Exhibit 1.
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File No. 2023-192 BOCC Staff Report Page 1 of 12
4684
1 II BACKGROUND INFORMATION & RELEVANT PRIOR COUNTY ACTIONS
2
3 Site Information
4 Address: 5304 3rd Avenue, Stock Island
5 Legal Description: Block 53 Lot 11 Stock Island Plat Book 1 Page 55, Stock Island
6 (See Exhibit I, attached)
7 Parcel ID Number: 00126700-000000
8 Applicant/Agent: Paul LaRochelle
9 Owner: Property Development and Acquisition, LLC
10 Size of Site: 7,500 Square Feet(MCPA Data)
11 Land Use District: Mixed Use (MU)
12 FLUM Designation: Mixed Commercial (MC)
13 Tier Designation: I
14 Flood Zone: AE-8
15 Existing Use: Storage
16 Existing Vegetation/Habitat: Developed land (formerly covered with exotic vegetation
17 consisting of Brazilian Pepper and Mahoe)
18
19 Community Character of Immediate Vicinity: The subject parcel consists of an improved
20 (cleared and filled) commercial storage area. The parcel is bound on three sides (north, east
21 and south) by developed mixed commercial uses. To the west is undeveloped mangrove
22 wetlands fringed by nuisance exotic vegetation (Brazilian Pepper and Mahoe).
23
24 Previous County Action
25
26 The Monroe County Board of County Commissioners adopted the Tier Overlay District
27 through Ordinances 08-2006, 09-2006, 10-2006, 11-2006 and 13-2006 in March of 2006.
28 As originally adopted, the subject parcel (00126700-000000)was designated Tier III.
29
30 Revisions to the Tier Overlay District maps were adopted through Ordinances 005-2011, 006-
31 2011, 007-2011 and 008-2011 on May 4, 2011. The Tier Overlay District designation for
32 Parcel 00126700-000000 was not changed with the 2011 Ordinances.
33
34 On July 7, 2006, Florida Keys Citizens Coalition, Inc. and Protect Key West and the Florida
35 Keys, Inc. d/b/a "LAST STAND" filed a petition for formal proceedings with the Florida
36 Department of Administrative Hearings (DOAH) challenging the final orders of the Florida
37 Department of Community Affairs (DCA) for the five (5) 2006 Ordinances referenced above
38 (DOAH Case No. 06-24449GM). The subject parcel (originally designated as Tier III upon
39 adoption of the Tier Overlay District maps in 2006)was included in the Challenge of the Tier
40 Overlay District maps and Land Development Code. As part of the challenge, the plaintiffs
41 submitted recommended changes to the adopted Tier Maps. The plaintiff's recommended Tier
42 Overlay District designation for the subject parcel was Tier I based on the adjacent wetland
43 habitat(Tier Overlay District Map Sheet 581).
44
45 The Administrative Law Judge (ALJ) issued a Recommended Final Order on June 26, 2007
46 and DCA Secretary Pelham issued the Departments' Amended Final Order on January 2,2008.
File No.2023-192 BOCC Staff Report Page 2 of 12
4685
I The Amended Final Order(January 2,2008) included acceptance of the ALJ's Recommended
2 Order and a determination that the above Ordinances,with certain exceptions, were approved:
3
4 Order
5 Upon review and consideration of the entire record of this
6 proceeding, including the Recommended Order and exceptions filed
7 by Petitioners and Respondents, it is hereby ordered as follows :
8 1 . The findings of fact and conclusions of law in the
9 Recommended Order are adopted.
10 2 . The Administrative Law Judge ' s recommendation is accepted.
11 3 . Monroe County Ordinance No. 008-2006, except for the
12 deletion of Section 9 .5-342; Ordinance No. 009-2006;
13 Ordinance No. 010-2006 except for Sections 9.5-256 (c)
14 (4) a. , 9-5.256 (c) (3) , and 9-5 .256 (c) (3)b.2 . ; Ordinance
15 No. 011-2006; and Ordinance No. 013-2006 except for the
16 parcels identified in Findings of fact 65, 80, 86, and 132,
17 are hereby approved.
18
19 Findings of Fact 132 from the Recommended Order identified the area in the Kruer/ELC
20 Area 581 as agreed to be changed to Tier 1.
21
22 132 . As might be expected, any county-wide mapping
23 exercise of this magnitude will inevitably include some errors .
24 The County and Department agree with Petitioners that the
25 following parcels were incorrectly designated:
26 ...
27 K581 (portion drawn by Trivette) should be Tier I .
28 * Note that staff has been unable to locate the referenced drawing by Trivette.
29
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File No.2023-192 BOCC Staff Report Page 3 of 12
4686
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Kruer/ELC Recommendation—September 2006
1
2 The Monroe County Building Department has issued the following permits for the subject
3 parcel:
Permit Issue Date Type
20102681 7/13/2021 fence
20102670 7/13/2021 riprap
20100155 2/12/2020 exotic removal
18104908 8/27/2018 exotic removal
4
5 Community Meeting
6 A Community Meeting was held at the American Legion Post 28, 5610 College Road, Key
7 West on October 23, 2023. No members of the public attended. Michael Roberts attended as
8 staff representative for the Planning & Environmental Resources Department. Applicant
9 representatives present included David LaRochelle, Paul LaRochelle, Aubrey LaRochelle,
10 Peter LaRochelle, Bill Montgomery and Jonathon Love.
11
12 DRC Review
13 The request was reviewed by the Development Review Committee (DRC) on November 14,
14 2023. No members of the public commented on the proposal.
15
16 PC Review
17 The Planning Commission adopted resolution P46-23 recommending approval of the proposed
18 amendment to the Board of County Commissioners on December 20, 2023.
19
20 III PROPOSED AMENDMENT
21
22 Request to amend the Tier Overlay District designation for Parcel 40126700-000000 from Tier
23 I to Tier III.
24
File No.2023-192 BOCC Staff Report Page 4 of 12
4687
r; i7
Existing Tier(I) Proposed Tier(III)
1
2
3 1986 Existing Conditions Map, Sheet 274 740—Disturbed Land
4 IV Review of Amendment
5
6 At the time of the adoption of the Tier Overlay District and the subsequent challenge, the subject
7 lot(00126700-000000)was upland and not hydrologically part of the adjacent slough (mangrove)
8 habitat. The parcel was not assigned a score under the Keys Wetland Evaluation Procedure
9 (KEYWEP) conducted in conjunction with the Advance Identification of Wetlands of the Florida
10 Keys (ADID) in 2000. Note that the adjacent parcel (00126690-000000)was assigned a Red Flag
11 status under KEYWEP, indicating that the wetlands on this parcel were unsuitable for
12 development. The parcel under consideration for this Tier Map amendment was an upland parcel
13 mapped as exotic habitat in 2009 (based on 2006 aerial imagery). Planning & Environmental
14 Resources review of the relevant data indicates that the designation of the subject parcel as Tier I
15 is a map error and that the correct Tier Overlay District for the parcel is Tier III.
16
17 Stock Island is not included in the 1986 Existing Conditions Map series. The coverage for this
18 map series extends from Boca Chica to Key Largo. However, the site was mapped as
19 "Commercial" on the 1984/85 Monroe County Planning & Zoning Department Existing Land
20 Conditions Map. Additionally, in 1986 the County adopted a revised set of zoning regulations and
21 series of land use district (zoning) maps (known as the Pattison Maps) for all areas of the
22 unincorporated county. In 1992 a revised series of land use district(zoning) maps (known as the
23 Craig Maps) was adopted for all areas of the unincorporated county. These maps depicted
24 boundary determinations carried out between 1986 and 1988. The subject parcel was mapped as
25 Mixed Use on both the 1986 Pattison Zoning Maps and the1988 Craig Maps.
File No.2023-192 BOCC Staff Report Page 5 of 12
4688
1 �M
2 1984/85 Monroe County Planning&Zoning Department Existing Land Conditions Map(Map 1 of 7)
41
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6 1986 Pattison Zoning Map(Map 1 of 21)approximate parcel location in red
7
8
File No. 2023-192 BOCC Staff Report Page 6 of 12
4689
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2 1988 Craig Zoning Map(Sheet 581)approximate parcel location in red
3
4
5
6 Monroe County 2030 Comprehensive Plan Policy 205.1.1 provides the criteria for the designation
7 of Tier L
8
9 Objective 205.1
10 Monroe County shall maintain the Tier Overlay District Maps as required in Policy 105.2.2. [F.S.
11 § 163.3177(6)d.2.d., h.]
12
13 Policy 205.1.1
14 The County shall establish the following criteria, at a minimum, to use when designating Tiers:
15 [F.S. § 163.3177(6)d.2.d., h.]
16 1. Land located outside of Big Pine Key and No Name Key shall be designated as Tier I based
17 on following criteria:
18 • Natural areas including old and new growth upland native vegetated areas, above 4
19 acres in area.
20 • Vacant land which can be restored to connect upland native habitat patches and
21 reduce further fragmentation of upland native habitat.
22 • Lands required to provide an undeveloped buffer, up to 500 feet in depth, if
23 indicated by appropriate special species studies, between natural areas and
24 development to reduce secondary impacts; canals or roadways, depending on size
25 may form a boundary that removes the need for the buffer or reduces its depth.
26 • Lands designated for acquisition by public agencies for conservation and natural
27 resource protection.
28 • Known locations of threatened and endangered species.
29 • Lands designated as Conservation and Residential Conservation on the Future Land
30 Use Map or within a buffer/restoration area as appropriate.
31 • Areas with minimal existing development and infrastructure.
File No. 2023-192 BOCC Staff Report Page 7 of 12
4690
1 2. Lands on Big Pine Key and No Name Key designated as Tier I, II, or III shall be in
2 accordance with the wildlife habitat quality criteria as defined in the Habitat Conservation
3 Plan for those islands.
4 3. Lands located outside of Big Pine Key and No Name Key that are not designated Tier I
5 shall be designated Tier III.
6 4. Designated Tier III lands located outside of Big Pine Key and No Name Key with tropical
7 hardwood hammock or pinelands of one acre or greater in area shall be designated as
8 Special Protection Areas.
9 5. Lands within the Ocean Reef planned development shall be excluded from any Tier
10 designation.
11 The subject parcel does not meet the criteria for Tier L As required by Comprehensive Plan Policy
12 205.1.1 and Land Development Code Section 130-130(c)(2), lands that are not designated Tier I
13 shall be designated Tier III.
14 130-130:
15 (c) Tier boundary criteria, excluding Big Pine Key and No Name Key. The tier boundaries are
16 designated using aerial photography,data from the Florida Keys Carrying Capacity Study,
17 the endangered species maps, property and permitting information and field evaluation.
18 The following criteria, at a minimum, are used to evaluate upland habitats and designate
19 boundaries between different tier overlays:
20 ...
21 (2) Lands located outside of Big Pine Key and No Name Key that are not designated tier I
22 shall be designated tier III.
23
24 a. The following conditions shall constitute a break in pinelands or tropical hardwood
25 hammock for calculating the one-acre minimum patch size for designation of tier
26 III-A boundaries:
27 1. U.S. Highway 1, canals and open water;
28 2. Any disturbed pinelands or tropical hardwood hammock with invasive
29 coverage of 40 percent or more;
30 3. Property lines of developed lots or vacant lots with a ROGO allocation
31 award or an issued building permit, as of September 28, 2005, located
32 within a Land Use District that allows only one unit per lot; or
33 4. Property lines of developed parcels of less than 10,000 square feet in area
34 with a ROGO/NROGO allocation award or issued building permit, as of
35 September 28, 2005, located within a Land Use District that allows
36 residential development of more than one dwelling unit per parcel/lot or
37 non-residential development.
38 ...
39 The subject parcel does not meet the criteria for Tier L As required by Comprehensive Plan Policy
40 205.1.1 and Land Development Code Section 130-130(c)(2), lands that are not designated Tier I
41 shall be designated Tier III.
42 Based on the above, staff finds that the appropriate Tier Overlay District designation for the
43 subject parcel is Tier III.
File No.2023-192 BOCC Staff Report Page 8 of 12
4691
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
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.
13 Lands on Big Pine Key and No Name Key shall be delineated as tier I, 11, 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).
16
17 (b) Tier boundaries. Tier boundaries shall follow property lines wherever possible,
18 except where a parcel line or distinct geographical feature, such as a canal or roadway,
19 may be more appropriate.
20
21 (c) Tier boundary criteria, excluding Big Pine Key and No Name Key. The tier
22 boundaries are designated using aerial photography, data from the Florida Keys
23 Carrying Capacity Study, the endangered species maps, property and permitting
24 information and field evaluation. The following criteria, at a minimum, are used to
25 evaluate upland habitats and designate boundaries between different tier overlays:
26
27 (1) Tier I boundaries shall be delineated to include one or more of the following criteria
28 and shall be designated tier L
29 a. Vacant lands which can be restored to connect upland native habitat patches
30 and reduce further fragmentation of upland native habitat.
31 b. Lands required to provide an undeveloped buffer, up to 500 feet in depth, if
32 indicated as appropriate by special species studies, between natural areas and
33 development to reduce secondary impacts. Canals or roadways, depending on
34 width, may form a boundary that removes the need for the buffer or reduces its
35 depth.
36 c. Lands designated for acquisition by public agencies for conservation and
37 natural resource protection.
38 d. Known locations of threatened and endangered species, as defined in section
39 101-1, identified on the threatened and endangered plant and animal maps or
40 the Florida Keys Carrying Capacity Study maps, or identified in on-site
41 surveys.
42 e. Conservation, native area, sparsely settled, and offshore island land use
43 districts.
44 f. Areas with minimal existing development and infrastructure.
File No.2023-192 BOCC Staff Report Page 9 of 12
4692
1 (2) Lands located outside of Big Pine Key and No Name Key that are not designated
2 tier I shall be designated tier III.
3 a. The following conditions shall constitute a break in pinelands or tropical
4 hardwood hammock for calculating the one-acre minimum patch size for
5 designation of tier III-A boundaries:
6 1. U.S. Highway 1, canals and open water;
7 2. Any disturbed pinelands or tropical hardwood hammock with invasive
8 coverage of 40 percent or more;
9 3. Property lines of developed lots or vacant lots with a ROGO allocation
10 award or an issued building permit, as of September 28, 2005, located
11 within a Land Use District that allows only one unit per lot; or
12 4. Property lines of developed parcels of less than 10,000 square feet in
13 area with a ROGO/NROGO allocation award or issued building permit,
14 as of September 28,2005, located within a Land Use District that allows
15 residential development of more than one dwelling unit per parcel/lot or
16 non-residential development.
17
18 Consistency of the proposed amendment with the Principles for Guiding Development in the
19 Florida Keys Area of Critical State Concern pursuant to F.S. Chapter 380.0552(7).
20
21 For the purposes of reviewing consistency of the Land Development Code or any amendments
22 to the Code with the principles for guiding development and any amendments to the principles,
23 the principles shall be construed as a whole and no specific provision shall be construed or
24 applied in isolation from the other provisions.
25
26 (a)To strengthen local government capabilities for managing land use and development so
27 that local government is able to achieve these objectives without the continuation of the
28 area of critical state concern designation.
29 (b) To protect shoreline and marine resources, including mangroves, coral reef formations,
30 seagrass beds, wetlands, fish and wildlife, and their habitat.
31 (c) To protect upland resources, tropical biological communities, freshwater wetlands,
32 native tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges
33 and beaches, wildlife, and their habitat.
34 (d) To ensure the maximum well-being of the Florida Keys and its citizens through sound
35 economic development.
36 (e) To limit the adverse impacts of development on the quality of water throughout the
37 Florida Keys.
38 (f) To enhance natural scenic resources, promote the aesthetic benefits of the natural
39 environment, and ensure that development is compatible with the unique historic character
40 of the Florida Keys.
41 (g) To protect the historical heritage of the Florida Keys.
42 (h) To protect the value, efficiency, cost-effectiveness, and amortized life of existing and
43 proposed major public investments, including:
44 1. The Florida Keys Aqueduct and water supply facilities;
File No.2023-192 BOCC Staff Report Page 10 of 12
4693
1 2. Sewage collection and disposal facilities;
2 3. Solid waste collection and disposal facilities;
3 4. Key West Naval Air Station and other military facilities;
4 5. Transportation facilities;
5 6. Federal parks, wildlife refuges, and marine sanctuaries;
6 7. State parks, recreation facilities, aquatic preserves, and other publicly owned
7 properties;
8 8. City electric service and the Florida Keys Electric Co-op; and
9 9. Other utilities, as appropriate.
10 (i) To limit the adverse impacts of public investments on the environmental resources of
11 the Florida Keys.
12 0) To make available adequate affordable housing for all sectors of the population of the
13 Florida Keys.
14 (k) To provide adequate alternatives for the protection of public safety and welfare in the
15 event of a natural or manmade disaster and for a post disaster reconstruction plan.
16 (1) To protect the public health, safety, and welfare of the citizens of the Florida Keys and
17 maintain the Florida Keys as a unique Florida resource.
18
19 Staff finds the proposed amendment consistent with the Principles for Guiding
20 Development as a whole and is not inconsistent with any one principle.
21
22 In accordance with MCC M2-158(d)(5)., the BOCC may consider the adoption of an
23 ordinance enacting the proposed change based on one or more of the following factors:
24
25 1. Changed projections (e.g., regarding public service needs)from those on which the text or
26 boundary was based,
27 NA
28
29 2. Changed assumptions (e.g., regarding demographic trends);
30 NA
31
32 3. Data errors, including errors in mapping, vegetative types and natural features described
33 in Volume I of the Year 2010 Comprehensive Plan,
34 The Tier Designation of Tier I is not consistent with the criteria of Comprehensive
35 Plan Policy 205.1.1. It appears that this area was designated in error.
36
37 4. New issues;
38 NA
39
40 5. Recognition of a need for additional detail or comprehensiveness; or
41 NA
42
43
44
45
File No.2023-192 BOCC Staff Report Page 11 of 12
4694
1 6. Data updates;
2 The physical characteristics of the property are not consistent with the Tier I criteria
3 contained in Section 130-130 of the Land Development Code and Policy 205.1.1 of the
4 Comprehensive Plan.
5
6 7. Impact on Community Character:
7 The Tier Overlay District designation is utilized to implement and score ROGO
8 applications, to steer growth and to establish clearing limits. The Tier designation is
9 not expected to impact community character. There are no native upland habitats on
10 the parcel.
11
12 V RECOMMENDATION
13
14 Staff recommends approval of the proposed amendment as the designated parcel does
15 not meet the criteria for Tier I designation and is more appropriately designated Tier
16 III in accordance with criteria of Section 130-130(c)(2) of the Land Development Code.
File No.2023-192 BOCC Staff Report Page 12 of 12
4695
EXHIBIT I
TIER OVERLAY DISTRICT MAP AMENDMENT
PROPOSED TIER OVERLAY DISTRICT DESIGNATION
4696
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7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. -2024
10
11 AN ORDINANCE APPROVING AN AMENDMENT TO THE MONROE COUNTY
12 TIER OVERLAY DISTRICT MAP FROM TIER I TO TIER III,AS REQUESTED
13 BY PAUL LAROCHELLE ON BEHALF OF PROPERTY DEVELOPMENT AND
14 ACQUISITION, LLC, FOR PROPERTY LOCATED AT 5304 3RD AVENUE,
15 STOCK ISLAND, LOT 11, BLOCK 53, STOCK ISLAND, PLAT BOOK 1, PAGE
16 55, CURRENTLY HAVING PROPERTY IDENTIFICATION NUMBER 00126700-
17 000000, LOCATED AT APPROXIMATE MILE MARKER 4.7; PROVIDING FOR
18 SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
19 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND
20 PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR
21 AMENDMENT TO THE TIER OVERLAY DISTRICT MAP; PROVIDING FOR
22 AN EFFECTIVE DATE.
23
24
25 WHEREAS, the Monroe County Planning and Environmental Resources Department
26 received an application from Agent Paul LaRochelle on behalf of the subject property's owner
27 Property Development and Acquisition, LLC, requesting the Tier Overlay District designation for
28 property described as Lot 11, Block 53, Stock Island, Plat Book 1, Page 55, currently having
29 property identification number 00126700-000000 ("subject property" or the "property"), to be
30 amended from Tier I to Tier III; and
31
32 WHEREAS,the subject property is located at 5304 3rd Avenue, Stock Island; and
33
34 WHEREAS, based upon the information and documentation submitted, the Planning
35 Commission made the following findings of fact and conclusions of law:
36
37 1. Monroe County Code ("MCC") § 102-158 states that map amendments are not
38 intended to relieve particular hardships,nor to confer special privileges or rights on any
39 person, nor to permit an adverse change in community character, analyzed in the
40 Monroe County Comprehensive Plan, but only to make necessary adjustments in light
41 of changed conditions or incorrect assumptions or determinations as determined by the
42 findings of the BOCC; and
43 2. MCC § 102-158(d.)(7.)(b.)provides that one or more of the following criteria must be
44 met for a map amendment:
45 1. Changed projections (e.g., regarding public service needs) from those on which
46 the existing text or boundary was based;
1 of 3
4698
1 2. Changed assumptions (e.g., regarding demographic trends) from those on which
2 the existing text or boundary was based;
3 3. Data errors, including errors in mapping, vegetative types and natural features
4 which contributed to the application of the existing text or boundary;
5 4. New issues which arose after the application of the existing text or boundary;
6 5. Recognition of a need for additional detail or comprehensiveness;
7 6. Data updates; or
8 7. Consistency with the Comprehensive Plan and the principles for guiding
9 development as defined in Section 380.0552, Florida Statutes.
10 3. Map amendments to the Monroe County Land Use District Map shall not be
11 inconsistent with the Principles for Guiding Development in the Florida Keys Area of
12 Critical State Concern; and
13 4. The proposed Tier Map amendment is not anticipated to adversely impact the
14 community character of the surrounding area;
15 5. The proposed Tier Map amendment is consistent with Monroe County Land
16 Development Code Section 130-130,the Goals, Objectives and Policies of the Monroe
17 County Year 2030 Comprehensive Plan and the Principles for Guiding Development
18 for the Florida Keys Area, Florida Statutes Section 380.0552(7);
19
20 WHEREAS, at a regular meeting held on the 31st day of January, 2024, the Monroe
21 County Board of County Commissioners ("Monroe County",the"County", "Board", or`BOCC")
22 held a duly noticed public hearing to consider the adoption of the proposed amendment, considered
23 the Department's professional staff report and provided for public comment and public
24 participation in accordance with the requirements of state and local law and the procedures adopted
25 thereto for public participation in the planning process;
26
27 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
28 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
29
30 Section 1. Recitals and Legislative Intent. The foregoing recitals, findings of fact,
31 conclusions of law, and statements of legislative purpose and intent are true and
32 correct and are hereby incorporated as if fully stated herein.
33
34 Section 2. The subject property currently bearing Property Identification Number 00126700-
35 000000, which is currently designated as Tier I, shall be designated Tier III as
36 shown on the attached map, attached as "Exhibit 1." which is hereby incorporated
37 by reference as if fully stated herein.
38
39 Section 3. Construction and Interpretation. The construction and interpretation of this
40 ordinance, and all provisions of the Monroe County Code(s), Comprehensive Plan,
41 floodplain management regulations, Florida Statutes, and Florida Building Code
42 whose interpretation arises out of, relates to, or is interpreted in connection with
43 this ordinance, these being necessary for the health, safety, and welfare of the
44 residents of and visitors to unincorporated Monroe County, shall be construed in
45 favor of the Monroe County BOCC, and such interpretations shall be entitled to
46 great weight in adversarial administrative proceedings, at trial, and on appeal.
2of3
4699
1
2 Section 4. Severability, Partial Invalidity, and Survival of Provisions. If any provision of
3 this ordinance, or any section, subsection, or part or portion thereof, is held to be
4 invalid or unenforceable by any administrative hearing officer or court of
5 competent jurisdiction, the invalidity or unenforceability of such provision, or part
6 or portion thereof, shall neither limit nor impair the operation, enforceability, or
7 validity of any other provisions of this ordinance, or any remaining section(s),
8 subsection(s),part(s), or portion(s)thereof. All other provisions,parts, and portions
9 thereof shall continue unimpaired in full force and effect.
10
11 Section 5. Repeal of Inconsistent Provisions. All ordinances or parts of ordinance in conflict
12 with this ordinance are hereby repealed to the extent of said conflict. The repeal of
13 an ordinance herein shall not repeal the repealing clause of such ordinance or revive
14 any ordinance which has been repealed thereby.
15
16 Section 6. Transmittal. This ordinance shall be transmitted to the State Land Planning
17 Agency as required by Florida Statutes Sections 380.05(11) and 380.0552(9).
18
19 Section 7. Filin2 and Effective Date. This ordinance shall be filed in the Office of the
20 Secretary of the State of Florida but shall not become effective until approved by
21 the State Land Planning Agency and, if appealed, until the appeal is resolved
22 pursuant to Chapter 120 of the Florida Statutes.
23
24 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
25 Florida, at a regular meeting held on the 3 1"day of January, 2024.
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
MWOE COUNTY ATTORNEY'
TOPORM
(SEAL) Date:
ATTEST: KEVIN MADOK, CLERK
AS DEPUTY CLERK
3 of 3
4700
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TIER OVERLAY MAP AMENDMENTdo
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PAUL LAROCHELLE
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AN ORDINANCE BY THE MONROE COUNTY BOARD OF`'COUNTY /
COMMISSIONERS AMENDING THE MONROE COUNTY TIER OVERLAP
MAP FROM TIER I TO TIER III AS REQUESTED-BY 1AUL LARCH /
BEHALF OF PROPERTY DEVELOPMENT AND ACOUISITIO1
PROPERTY LOCATED AT 5304 3RD AVENUE, STOCK�(�LAIt ,
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TIER BOUNDARY' ` 'FI��
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The tier boundaries are designated using aerial photography,data from the Florida Ke" t
Capacity Study, the endangered species maps, property anid permittin9 inforrnatio
evaluation. The following criteria, at a minimum, are used to,,, valuate uplar,,%I�
designate boundaries between different tier overlays
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(1)Tier I boundaries shall be delineated to include on , '/ r ere of the follow�rf criteria and shall i /
be designated tier I:
a. Vacant lands which can be restored to co' nne t upland native habitat patches and reduce,
further fragmentation of upland native habitat. r
b. Lands required to provide an undeveloped buffer, up to 500 feet in depth ,if
appropriate by special species studies, between natural areas and develo men ;to red
secondary impacts. Canals or roadways, depending on'width, may form a;`bou�dar
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removes the need for the buffer or reduces its depth.
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and permitting information and field evaluation. The following cri � �
1111
minimum, are used to evaluate upland habitats and desr rte;bc urrrrr , ,% r,,rr,,,;
between different tier overlays
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(2)Lands located outside of Big Pine Koy arld No blame Key that are ryc/t:
designated tier l shall be designated tier Ill.
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