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HomeMy WebLinkAboutItem Q04 Q4 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 September 11, 2024 Agenda Item Number: Q4 2023-2960 BULK ITEM: No DEPARTMENT: Planning & Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Emily Schemper AGENDA ITEM WORDING: A Public Hearing to Consider a Request for the BOCC to Approve an Ordinance Amending the Monroe County Tier Overlay District Map from Tier I to Tier III, Submitted by David DeHaas Grosseck for Donna J. Wilson, Brian C. Wilson, Shelley W. Avirett, and Richard T. Wilson, concerning vacant property Located at North Ocean Drive in North Key Largo, within Section 29, Township 60 South, Range 40 East, Key Largo, Florida, Having Parcel ID No. 00083200-000000. ITEM BACKGROUND: Refer to Staff Memorandum for Item Background. PREVIOUS RELEVANT BOCC ACTION: Refer to Staff Memorandum for Previous Relevant BOCC Action. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Professional staff recommends DENIAL of the Applicants' requested amendment, as the designated parcel satisfies the criteria for Tier I designation in accordance with criteria of Monroe County Comprehensive Plan Policies 105.2.1 and 205.1.1 and Monroe County Land Development Code Section 130-130(c)(1). DOCUMENTATION: Exhibit 1 to Ordinance.pdf Ord..pdf Prof. Staff Report.pdf 2024-014 Public Comment.pdf FINANCIAL IMPACT: N/A O O ILL O O � U O in u] f6 O � Q N � c `y ai F - $ c _ a, c� E as s 10s N i i 02 > o � H C i o a ' a �> a 0 a a 0 w 0 0 w _ o tt y0 U 5 v =a = o c S � o e I EL b .a ` N al M � p . Roll ® s e 2 3 �'. . 4ry 5 6 7 ORDINANCE NO. 2024 8 9 AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY 10 COMMISSIONERS AMENDING THE MONROE COUNTY TIER OVERLAY 11 DISTRICT MAP FROM TIER I TO TIER III, FOR VACANT PROPERTY 12 LOCATED AT NORTH OCEAN DRIVE, KEY LARGO, DESCRIBED AS A 13 PARCEL OF LAND IN SECTION 29, TOWNSHIP 60 SOUTH, RANGE 40 EAST, 14 ISLAND OF KEY LARGO, MONROE COUNTY, FLORIDA, HAVING PARCEL 15 ID NUMBER 00083200-000000,AS PROPOSED BY DAVID DEHAAS GROSSECK 16 ON BEHALF OF DONNA J. WILSON, BRIAN C. WILSON, SHELLEY W. 17 AVIRETT, AND RICHARD T. WILSON; 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 David deHaas Grosseck, on behalf of Donna J. Wilson, 26 Brian C. Wilson, Shelley W. Avirett and Richard T. Wilson, (property owner), to amend the Tier Map 27 Overlay designation for the property currently identified as Property Identification Number 00083200- 28 000000 ("subject property" or the"property")to be amended from Tier I to Tier III; and 29 30 WHEREAS, the subject property is located at North Ocean Drive, in North Key Largo, Monroe 31 County, Florida; and 32 33 WHEREAS, on May 22, 2024, the Applicant held a community meeting, as required by Monroe 34 County Land Development Code ("LDC" or "Code") Section 102-158(a) to discuss the proposed Tier 35 Overlay District Map amendment and to provide for public participation; and 36 37 WHEREAS, the Monroe County Development Review Committee ("DRC") considered the 38 proposed Tier Overlay District Map amendment at a regularly scheduled meeting held on May 20, 2024, 39 and recommended denial of the proposed amendment; and 40 41 WHEREAS, at a regularly scheduled meeting held on August 28, 2024, the Monroe County 42 Planning Commission held a public hearing for the purpose of considering the proposed amendment to 43 the Tier Overlay District Map, and provided for public comment; and 44 45 WHEREAS, the Monroe County Planning Commission voted to adopt Planning Commission 46 Resolution No. P09-24 recommending that the Monroe County Board of County Commissioners 47 (`BOCC" or"Monroe County") DENY the proposed amendment; and 48 1 of 3 I WHEREAS, at a regularly scheduled meeting held on September 11, 2024, the Monroe County 2 BOCC held a duly noticed public hearing, considered the Department's accompanying professional staff 3 report and provided for public comment and public participation in accordance with the applicable 4 requirements of law and the procedures adopted for public participation in the planning process; 5 6 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 7 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 8 9 Section 1. The foregoing title, recitals, findings of fact, and conclusions of law are true and correct 10 and are hereby incorporated as if fully set forth herein. 11 12 Section 2. The August 28, 2024-dated Monroe County Planning and Environmental Resources 13 Department professional staff report prepared by Monroe County Planning & 14 Environmental Resources Department Senior Director Emily Schemper, A.LC.P.,1 15 C.F.M., and its analysis and determinations of fact and law to the extent not plainly 16 inconsistent with this Ordinance are hereby accepted and adopted as if fully stated herein. 17 18 Section 3. Interpretation. The interpretation of this Ordinance and all provisions of the Monroe 19 County Comprehensive Plan, Florida Building Code, Florida Statutes, floodplain 20 management requirements, and Monroe County Codes whose interpretation arises out of, 21 relates to, or is interpreted in connection with this Ordinance shall be liberally construed 22 and enforced in favor of the Monroe County BOCC, shall be construed in favor of the 23 Monroe County BOCC, and such interpretation shall be entitled to great weight in 24 adversarial administrative proceedings, at trial, bankruptcy, and on appeal. 25 26 Section 4. The Tier Overlay District Map of the Land Development Code is amended as follows: 27 28 The property located at North Ocean Drive, in North Key Largo, described as a parcel of 29 land within Section 29, Township 60 South, Range 40 East, Island Of Key Largo, Monroe 30 County, Florida, having Parcel ID Number 00083200-000000 is changed from Tier I to 31 Tier III, as shown on Exhibit 1., attached hereto and hereby incorporated as if fully stated 32 herein. 33 34 Section 5. Severability. If any provision of this Ordinance, or any part or portion thereof is held to 35 be invalid or unenforceable by any administrative hearing officer or court of competent 36 jurisdiction, the invalidity or unenforceability of such provision, or any part or portion 37 thereof, shall neither limit nor impair the operation, enforceability, or validity of any other 38 provision of this Ordinance, or any remaining part(s) or portion(s) thereof. All other 39 provisions of this Ordinance, and remaining part(s) or portion(s) thereof, shall continue 40 unimpaired in full force and effect. 41 42 Section 6. No Liability. Monroe County expressly reserves and in no way shall be deemed to have 43 waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign, 44 governmental, and any other similar defense, immunity, exemption, or protection against 45 any suit, cause-of-action, demand, or liability. American Institute of Certified Planners(A.LC.P.)certification. 2 Association of State Floodplain Managers(A.S.F.M.)—Certified Floodplain Manager(C.F.M.). 2of3 I Section 7. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in conflict with 2 this ordinance are hereby repealed to the extent of said conflict. 3 4 Section 8. Transmittal. This Ordinance shall be transmitted by the Director of Planning to the State 5 Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes. 6 7 Section 9. Filin2 and Effective Date. This Ordinance shall be filed in the Office of the secretary of 8 the State of Florida but shall not become effective until a notice is issued by the State Land 9 Planning Agency or Administration Commission finding the amendment in compliance, 10 and if challenged, until such challenge is resolved pursuant to Chapter 120, Florida 11 Statutes. 12 13 Section 10. Inclusion on the Monroe County Code's Official Land Use District May. The 14 provisions of this Ordinance shall be included and incorporated on to the Tier Overlay 15 District of the Official Land Use District Map of Monroe County. 16 17 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, 18 at a regular meeting held on the 1 lth day of September, 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 (SEAL) ATTEST: KEVIN MADOK, CLERK AS DEPUTY CLERK 3 of 3 MON ROr COUNTY ATTORNEY A,wa�a v�pasro�o�nn �t r,. MEMORANDUM MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring,professional and fair To: Monroe County Board of County Commissioners Through: Emily Schemper, A.LC.P.,1 C.F.M., Senior Director, Monroe County Planning & Environmental Resources Department From: Michael Roberts, C.E.P.,3 P.W.S.,4 C.F.M., Assistant Director — Environmental Resources, Monroe County Planning & Environmental Resources Department Date: August 28, 2024 Subject: A Public Hearing to Consider a Request for the BOCC to Approve an Ordinance Amending the Monroe County Tier Overlay District Map from Tier I to Tier III, Submitted by David DeHaas Grosseck for Donna J. Wilson, Brian C. Wilson, Shelley W. Avirett, and Richard T. Wilson, Concerning Undeveloped Property Located at North Ocean Drive in North Key Largo, within Section 29, Township 60 South, Range 40 East, Key Largo, Florida, Having Parcel ID No. 00083200- 000000. BOCC Meeting: September 11, 2024 1 2 I REQUEST: 3 4 Agent David DeHaas Grosseck, on behalf of Donna J. Wilson, Brian C. Wilson, Shelley W. 5 Avirett, and Richard T. Wilson, owners of the subject property, is requesting to amend the Tier 6 Overlay District designation from Tier I to Tier III, for a parcel located at North Ocean Drive 7 and Oleander Drive in North Key Largo within Section 29, Township 60 South,Range 40 East, 8 Key Largo, Florida, having Parcel Identification No. 00083200-000000.5 The complete legal 9 description of the subject property is included in the application file.6 10 11 II BACKGROUND INFORMATION: 12 13 Site Information: 14 'American Institute of Certified Planners(A.LC.P.)certification. 2 Association of State Floodplain Managers(A.S.F.M.)—Certified Floodplain Manager(C.F.M.). 'National Association of Environmental Professionals(N.A.E.P.)—Certified Environmental Professional(C.E.P.). 4 Society of Wetland Scientists(S.W.S.)—Professional Wetland Scientist(P.W.S.). s For ease of reference a true-and-correct copy of the Monroe County Property Appraiser's Office(MCPA)property record card for this parcel is attached hereto. 6 Monroe County Planning&Environmental Resources Department File No.2024-014. I Address: Vacant Land between N. Ocean Dr., Oleander Dr., and Gulfstream 2 Dr. in North Key Largo. 3 Le2al Description: Section 29, Township 60, Range 40, Island of Key Largo, Part of 4 Government Lot 2 (Full Description Included in Application File). 5 Parcel ID Number: 00083200-000000. 6 Applicants' Agent: David DeHaas Grosseck 7 Owners : Donna J. Wilson, Brian C. Wilson, Shelley W. Avirett, and Richard 8 T. Wilson 9 Size of Site: 143,743 overall square feet/3.3 acres (MCPA data); 127,699 square 10 feet of upland, according to survey submitted by the Applicant(s), 11 by David Massey, signed 1.31.2024. 12 Land Use District: IS. 13 FLUM Designation: RM. 14 Tier Designation: I. 15 Flood Zone: AE9; AE10; AEI 1; VE15. 16 Existing Use: Vacant. 17 Existing Vegetation/Habitat: Vacant land; disturbed exotic vegetation with native upland 18 vegetation interspersed; wetlands/mangrove habitat. 19 r " i i r e rd/l 20 21 Subject Parcel (Outlined in Blue) (2023 Monroe County GIST Imagery) 22 'A/k/a Geographic Information System(GIS). 2of15 1 li bi � i r I o f r r I , (�,� �/'I/1�1A ,�l d�( ✓r/lip//l, iruaroii , /J rtrr ,, r /iG//�/rrr 1 j�01✓ �% i /,% / // �'�� /���%///� , J 2 Land Use District Map Overlaying the Subject Parcel (Outlined in Blue) 3 (2023 Monroe County GIS Imagery) 3of15 �o 6 a� V w"ViIVVVVVVV�II°Vv wu'IwIIIIIVmV vuv�Iitiili ���,a I ln� I III SIY�' i 2 The Official Tier Map of North Key Largo with the Subject Parcel Outlined in Blue 3 (2023 Monroe County GIS)—Tier 1 Land in Green,No Other Tier Designations Present Within Map Extent 4of15 I Community Character of Immediate Vicinity: The parcel is located approximately 2 miles 2 north of MM 106 in a subdivision on County Road 905. The parcel is on the east side of the 3 Gulfstream Shores subdivision' ("Plat")but is not included in the Plat. Gulfstream Shores is a 4 sparsely developed subdivision that contains numerous State- ("TIFF") and County-owned 5 conservation lands. All parcels within North Key Largo, whether developed, undeveloped, 6 vacant, occupied, vegetated, or scarified, including those within the immediate surrounding 7 subdivisions, are designated as Tier 1. 8 L-1m .P'� i x � F w � , a �d r uv n• p r,n;r 9 � 10 State-owned (TIFF) Conservation Land Shown in Green; 11 Monroe County Land Authority-owned Conservation Land Shown in Yellow; 12 The Subject Parcel Is Outlined in Blue. 13 14 15 16 17 18 19 20 [The remainder of this page has been intentionally left blank] 21 22 23 24 25 26 s Plat Book 3,Page 61. 5of15 I The subject parcel is surrounded by a much larger area of publicly owned conservation land: i 1 w D �III'I 2 �m ,, 3 U.S. Fish and Wildlife Service-owned Conservation Land Shown in Blue; 4 State-owned(TIFF) Conservation Land Shown in Green; 5 Monroe County Land Authority-owned Conservation Land Shown in Yellow; 6 The Subject Parcel Is Outlined in Blue. 7 8 Previous County Action: 9 10 The Monroe County Board of County Commissioners ("BOCC") adopted the Monroe County 11 Tier Overlay District through Monroe County BOCC Ordinance Nos. 08-2006, 09-2006, 10- 12 2006, 11-2006 and 13-2006, in March of 2006. 13 14 The subject property9 has continuously and uninterruptedly been designated Tier 1 from the 15 BOCC's adoption of the Monroe County Tier Overlay District in 2006 to present. Parcel ID No. 00083200-000000. 6of15 I On July 15, 2010, the Monroe County Building Department issued building permit no. 3 10303553 for exotic vegetation removal on the subject parcel. 4 The Applicants stated on the subject tier amendment application that building permit no. 5 10303553 was issued without the property owner's consent. However, the application for 6 building permit no. 10303553 included the notarized signature of Jane Wilson as the Property 7 Owner, as shown in the true-and-correct excerpt from the permit application shown below: ................................................................................................................................................................................................................................................ 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A significant portion of land area north and south of the subject parcel is 8 characterized as environmentally sensitive as defined by this Plan and the existing platted 9 subdivisions (Gulfstream Shores & Knowlson Colony) are not substantially developed 10 (only 31% of 154 parcels are developed with a structure). The property is not located 11 within close proximity to established commercial areas, or where a concentration of 12 nonresidential uses exists. The Tier Overlay District Designation of Tier I does not appear 13 to have been a drafting or data error. 14 15 The non-exhaustive foregoing comprises one of several actual or potential bases upon 16 which the department may deny or recommend denial if an application is submitted for 17 such a change. 18 19 The determinations of fact and law in the Department's LOU issued to the Applicants were 20 never appealed and became final pursuant to Monroe County Land Development Code § 102- 21 185(c) ("A notice of appeal in the form prescribed by the Planning Director must be filed with 22 the County Administrator and with the office or department rendering the decision, 23 determination or interpretation within 30 calendar days of the decision. Failure to file such 24 appeal shall constitute a waiver of any rights under this Land Development Code and 25 Comprehensive Plan to appeal any decision,interpretation or determination made by an 26 administrative official.") (Emphasis added). 27 28 Community Meeting: A Community Meeting was held on May 22, 2024, both by virtual 29 webinar and in-person at the Murray Nelson Government Center, located at 102050 Overseas 30 Highway, Key Largo. Monroe County professional staff provided a brief overview of the 31 application. The Applicants' agent, David DeHaas Grosseck, offered a summary of his own 32 33 regarding the parcel and the application. 34 Development Review Committee (DRC) Review: 35 The request was reviewed by the Development Review Committee("DRC")on May 20,2024. 36 The Development Review Committee resolved that the information provided in the 37 professional staff report and discussed at the May 20, 2024, meeting supported the Chair's 38 decision to recommend denial to the Monroe County Planning Commission and Board of 40 County Commissioners (DRC Resolution No. 01-24). 41 Monroe County Planning Commission: 42 At its regular meeting on August 28, 2024, the Monroe County Planning Commission held a 43 public hearing to consider the requested Tier amendment, considered the staff report, and 44 provided for public comment. The Planning Commission ("PC") adopted PC Resolution No. 45 P09-24 memorializing the Planning Commission's recommendation that the BOCC DENY the 46 requested Tier Map amendment. io Monroe County Planning&Environmental Resources Department File No.2022-124. 8of15 I III PROPOSED AMENDMENT: 2 3 The Applicants' request is for the BOCC to approve an amendment of the Monroe County Tier 4 Overlay District designation for the vacant property located at North Ocean Drive, in North Key 5 Largo, having Parcel ID No. 00083200-000000, from Tier I to Tier III, as shown below. 6 a i f u i 4 r �rc 75 1150 30a Feel Exostirug Cornukfisi�s Praoai C�rn�Eilka nsj 7 8 IV REVIEW OF APPLICATION: 9 10 The Existing Conditions Report ("ECR") received with the Applicants' application (New Leaf 11 Environmental, dated 12/5/2023) describes the parcel as "primarily comprised of dense stands of 12 invasive exotic species, as noted on the County's Planning & Environmental Resources GIS 13 database (see inset). The western portion ofthe site is dominated by latherleaf, the central portion 14 is dominated by Australian pine and latherleaf, and the eastern portion is dominated by a mix of 15 mangroves and seaside mahoe." While this accurately describes the overall condition of the site, 16 it should be noted that the ECR received from the applicant includes a plant list for the site with 17 significant amounts of native vegetation in the understory and shrub layers, including two species, 18 yellow nickerbean (Caealpinia major) [Caesalpinia major], and Wild lime (Zanthoxylum 19 fagara), indicated as "endangered," and one species, Inkwood (Exothea paniculata), 20 indicated as"regionally important."(Emphasis added). In addition,the Department has received 21 documentation received from several members of the public indicating the occurrence of at least 22 one (1) American crocodile in the near-shore waters immediately adjacent to the site (See Public 23 Comment in Department File No. 2022-124). The American crocodile is protected as a Threatened 24 species by the Federal Endangered Species Act and as a Federally-designated Threatened species 25 by Florida's Endangered and Threatened Species Rule. 26 27 28 [The remainder of this page has been intentionally left blank] 29 9of15 I Consistency of the Requested Amendment with the Provisions and Intent of the Monroe 2 County 2030 Comprehensive Plan: 3 4 Comprehensive Plan Policy 105.21: 5 6 Monroe County shall designate all lands outside of mainland Monroe County, except for the Ocean 7 Reef planned development, into three general categories for purposes of its Land Acquisition 8 Program and smart growth initiatives in accordance with the criteria in Policy 205.1.1. These three 9 categories are: Natural Area(Tier 1); Transition and Sprawl Reduction Area(Tier 11) on Big Pine 10 Key and No Name Key only; and Infill Area(Tier III). The purposes, general characteristics, and 11 growth management approaches associated with each tier are as follows: 12 13 1. Natural Area(Tier I): Any defined geographic area where all or a significant portion of 14 the land area is characterized as environmentally sensitive by the policies of this Plan and 15 applicable habitat conservation plan, is to be designated as a Natural Area. New 16 development on vacant land is to be severely restricted and privately owned vacant lands 17 are to be acquired or development rights retired for resource conservation and passive 18 recreation purposes. However, this does not preclude provisions of infrastructure for 19 existing development. Within the Natural Area designation are typically found lands within 20 the acquisition boundaries of federal and state resource conservation and park areas, 21 including isolated platted subdivisions; and privately-owned vacant lands with sensitive 22 environmental features outside these acquisition areas. 23 ... 24 3. Infill Area (Tier III): Any defined geographic area, where a significant portion of land 25 area is not characterized as environmentally sensitive as defined by this Plan, except for 26 dispersed and isolated fragments of environmentally sensitive lands of less than four acres 27 in area,where existing platted subdivisions are substantially developed,served by complete 28 infrastructure facilities, and within close proximity to established commercial areas, or 29 where a concentration of nonresidential uses exists, is to be designated as an Infill Area. 30 New development and redevelopment are to be highly encouraged, except within tropical 31 hardwood hammock or pineland patches of an acre or more in area, where development is 32 to be discouraged. Within an Infill Area are typically found: platted subdivisions with 50 33 percent or more developed lots situated in areas with few sensitive environmental features; 34 full range of available public infrastructure in terms of paved roads, potable water, and 35 electricity; and concentrations of commercial and other nonresidential uses within close 36 proximity. In some Infill Areas, a mix of nonresidential and high-density residential uses 37 (generally 8 units or more per acre) may also be found that form a Community Center. 38 39 Comprehensive Plan Policy 205.1.1: 40 41 The County shall establish the following criteria, at a minimum, to use when designating Tiers: 42 [Florida Statutes §§ 163.3177(6)(d.)(2.)(d.) and(h.)] 43 1. Land located outside of Big Pine Key and No Name Key shall be designated as Tier I based 44 on following criteria: 45 • Natural areas including old and new growth upland native vegetated areas, above 4 46 acres in area. 10 of 15 1 • Vacant land which can be restored to connect upland native habitat patches 2 and reduce further fragmentation of upland native habitat. 3 • Lands required to provide an undeveloped buffer, up to 500 feet in depth, if 4 indicated by appropriate special species studies, between natural areas and 5 development to reduce secondary impacts; canals or roadways, depending on size 6 may form a boundary that removes the need for the buffer or reduces its depth. 7 • Lands designated for acquisition by public agencies for conservation and 8 natural resource protection. 9 10 The parcel is within the acquisition boundaries of the State of Florida's Florida Forever 11 Program North Key Largo Hammocks Project. 12 13 • Known locations of threatened and endangered species. 14 15 As indicated in the Existing Conditions Report received from the applicant, prepared 16 by New Leaf Environmental, the subject property is a known location of at least 2 17 endangered plant species, and at least one additional plant species that is considered 18 regionally important. In addition, the Planning & Environmental Resources 19 Department has received documentation from members of the public indicating the 20 occurrence of at least one American crocodile in the near-shore waters immediately 21 adjacent to the site(See Public Comment in File). The American crocodile is protected 22 as a Threatened species by the Federal Endangered Species Act and as a Federally- 23 designated Threatened species by Florida's Endangered and Threatened Species Rule. 24 25 • Lands designated as Conservation and Residential Conservation on the Future Land 26 Use Map or within a buffer/restoration area as appropriate. 27 28 • Areas with minimal existing development and infrastructure. 29 The subject parcel is adjacent to the Gulfstream Shores and the Knowlson Colony 30 subdivisions, which have minimal existing development. As noted in the Letter of 31 Understanding drafted for this property (File 2022-124), A significant portion of land 32 area north and south of the subject parcel is characterized as environmentally sensitive 33 as defined by this Plan and the existing platted subdivisions (Gulfstream Shores & 34 Knowlson Colony) are not substantially developed (only 31 % of 154 parcels are 35 developed with a structure). The property is not located within close proximity to 36 established commercial areas, or where a concentration ofnonresidential uses exists. 37 38 Note that according to the plats of the respective subdivisions, Gulfstream Shores, 39 Knowlson Colony and Knowlson Colony 1st Addition contain 167 total platted lots, of 40 which 91 lots (54%) are owned by either the State of Florida Trustees of the Internal 41 Improvement Trust Fund (TIITF) or the Monroe County Comprehensive Plan Land 42 Authority for conservation purposes. 43 Based on the above, professional staff finds that the appropriate Tier Overlay District 44 designation for the subject parcel is Tier I and that the proposed amendment to Tier III is not 45 consistent with the Monroe County Year 2030 Comprehensive Plan. 11 of 15 I Consistency of the Requested Amendment with the Provisions and Intent of the Monroe 2 County Land Development Code: 3 Professional staff have determined that the proposed tier overlay district (zoning) map 4 amendment is not consistent with the provisions and intent of Section 130-130 of the Monroe 5 County Land Development Code. 6 7 Sec. 130-130.—Tier Overlay District 8 (a) Purpose. The purpose of the tier overlay district is to designate geographical areas 9 outside of the mainland of the county, excluding the Ocean Reef planned development, 10 into tiers to assign ROGO and NROGO points, determine the amount of clearing of 11 upland native vegetation that may be permitted, and prioritize lands for public 12 acquisition. The tier boundaries are to be depicted on the tier overlay district map. 13 Lands on Big Pine Key and No Name Key shall be delineated as tier I, II, or III. Lands 14 in the remainder of the unincorporated county, excluding the Ocean Reef planned 15 development, shall be delineated as tier I, III, and III-A (special protection area). 16 (b) Tier boundaries. Tier boundaries shall follow property lines wherever possible, 17 except where a parcel line or distinct geographical feature, such as a canal or roadway, 18 may be more appropriate. 19 (c) Tier boundary criteria, excluding Big Pine Key and No Name Key. The tier 20 boundaries are designated using aerial photography, data from the Florida Keys 21 Carrying Capacity Study, the endangered species maps, property and permitting 22 information and field evaluation. The following criteria, at a minimum, are used to 23 evaluate upland habitats and designate boundaries between different tier overlays: 24 25 (1) Tier I boundaries shall be delineated to include one or more of the following criteria 26 and shall be designated tier L 27 a. Vacant lands which can be restored to connect upland native habitat 28 patches and reduce further fragmentation of upland native habitat. 29 b. Lands required to provide an undeveloped buffer, up to 500 feet in depth, if 30 indicated as appropriate by special species studies, between natural areas and 31 development to reduce secondary impacts. Canals or roadways, depending on 32 width, may form a boundary that removes the need for the buffer or reduces its 33 depth. 34 c. Lands designated for acquisition by public agencies for conservation and 35 natural resource protection. 36 37 The parcel is within the acquisition boundaries of the State of Florida's Florida Forever 38 Program North Key Largo Hammocks Project. 39 40 d. Known locations of threatened and endangered species, as defined in 41 section 101-1, identified on the threatened and endangered plant and 42 animal maps or the Florida Keys Carrying Capacity Study maps, or 43 identified in on-site surveys. 44 12 of 15 I As indicated in the Existing Conditions Report received from the applicant, prepared 2 by New Leaf Environmental, the subject property is a known location of at least 2 3 endangered plant species, and at least one additional plant species that is considered 4 regionally important. In addition, the Planning & Environmental Resources 5 Department has received documentation from members of the public indicating the 6 occurrence of at least one American crocodile in the near-shore waters immediately 7 adjacent to the site(See Public Comment in File). The American crocodile is protected 8 as a Threatened species by the Federal Endangered Species Act and as a Federally- 9 designated Threatened species by Florida's Endangered and Threatened Species Rule. 10 11 e. Conservation, native area, sparsely settled, and offshore island land use 12 districts. 13 14 f. Areas with minimal existing development and infrastructure. 15 16 The subject parcel is adjacent to the Gulfstream Shores and the Knowlson Colony 17 subdivisions, which have minimal existing development. As noted in the Letter of 18 Understanding drafted for this property (File 2022-124), A significant portion of land 19 area north and south of the subject parcel is characterized as environmentally sensitive 20 as defined by this Plan and the existing platted subdivisions (Gulfstream Shores & 21 Knowlson Colony) are not substantially developed (only 31 % of 154 parcels are 22 developed with a structure). The property is not located within close proximity to 23 established commercial areas, or where a concentration ofnonresidential uses exists. 24 25 Note that according to the plats of the respective subdivisions, Gulfstream Shores, 26 Knowlson Colony and Knowlson Colony 1st Addition contain 167 total platted lots, of 27 which 91 lots (54%) are owned by either the State of Florida Trustees of the Internal 28 Improvement Trust Fund (TIITF) or the Monroe County Comprehensive Plan Land 29 Authority for conservation purposes. 30 31 Consistency of the Requested Amendment with the Principles for Guiding Development in 32 the Florida Keys Area of Critical State Concern Pursuant to Florida Statutes � 380.0552(7): 33 34 For the purposes of reviewing consistency of the Monroe County Land Development Code or any 35 amendments to the Code with the principles for guiding development and any amendments to the 36 principles,the principles shall be construed as a whole and no specific provision shall be construed 37 or applied in isolation from the other provisions. 38 39 (a) To strengthen local government capabilities for managing land use and development so 40 that local government is able to achieve these objectives without the continuation of the 41 area of critical state concern designation. 42 (b)To protect shoreline and marine resources, including mangroves, coral reef formations, 43 seagrass beds, wetlands, fish and wildlife, and their habitat. 44 (c) To protect upland resources, tropical biological communities, freshwater wetlands, 45 native tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges 46 and beaches, wildlife, and their habitat. 13 of 15 I (d) To ensure the maximum well-being of the Florida Keys and its citizens through sound 2 economic development. 3 (e) To limit the adverse impacts of development on the quality of water throughout the 4 Florida Keys. 5 (f) To enhance natural scenic resources, promote the aesthetic benefits of the natural 6 environment, and ensure that development is compatible with the unique historic character 7 of the Florida Keys. 8 (g) To protect the historical heritage of the Florida Keys. 9 (h) To protect the value, efficiency, cost-effectiveness, and amortized life of existing and 10 proposed major public investments, including: 11 1. The Florida Keys Aqueduct and water supply facilities; 12 2. Sewage collection and disposal facilities; 13 3. Solid waste collection and disposal facilities; 14 4. Key West Naval Air Station and other military facilities; 15 5. Transportation facilities; 16 6. Federal parks, wildlife refuges, and marine sanctuaries; 17 7. State parks, recreation facilities, aquatic preserves, and other publicly owned 18 properties; 19 8. City electric service and the Florida Keys Electric Co-op; and 20 9. Other utilities, as appropriate. 21 (i) To limit the adverse impacts of public investments on the environmental resources of 22 the Florida Keys. 23 0) To make available adequate affordable housing for all sectors of the population of the 24 Florida Keys. 25 (k) To provide adequate alternatives for the protection of public safety and welfare in the 26 event of a natural or manmade disaster and for a post disaster reconstruction plan. 27 (1) To protect the public health, safety, and welfare of the citizens of the Florida Keys and 28 maintain the Florida Keys as a unique Florida resource. 29 30 Professional staff have determined that the proposed amendment inconsistent with the 31 Principles for Guiding Development as a whole. 32 33 In Accordance with Land Development Code � 102-158(d)(5), the BOCC May Consider the 34 Adoption of an Ordinance Enacting the Proposed Change Based on One or More of the 35 Following Factors: 36 37 1. Changed projections (e.g., regarding public service needs)from those on which the text or 38 boundary was based: N/A. 39 40 2. Changed assumptions (e.g., regarding demographic trends): N/A. 41 42 14 of 15 1 3. Data errors, including errors in mapping, vegetative types and natural features described 2 in Volume I of the Year 2010 Comprehensive Plan: N/A. 3 4 The current Tier Designation of Tier I is consistent with the criteria of Monroe 5 County Comprehensive Plan Policies 105.2.1 and 205.1.1 and Monroe County Land 6 Development Code Section 130-130(c)(1). The Tier Overlay District Designation of 7 Tier I does not constitute a drafting or data error. 8 9 4. New issues: N/A. 10 11 5. Recognition of a need for additional detail or comprehensiveness: N/A. 12 13 6. Data updates: N/A. 14 15 7. Impact on Community Character: 16 17 The Tier Overlay District designation is utilized to implement and score ROGO 18 applications, to direct growth and to establish clearing limits. The requested 19 amendment would adversely and negatively impact the minimally developed 20 community character of the surrounding Tier I subdivisions/properties. 21 22 V PROFESSIONAL STAFF RECOMMENDATION: 23 24 Monroe County professional staff recommends DENIAL of the requested amendment, 25 as the designated parcel satisfies the criteria for Tier I designation in accordance with 26 criteria of Monroe County Comprehensive Plan Policies 105.2.1 and 205.1.1 and Monroe 27 County Land Development Code Section 130-130(c)(1). 28 29 Exhibits: 30 1. September 9, 2022-issued Letter of Understanding (File No. 2022-124) 15 of 15 Exhibit 1 ,, (L OU) County of Monroe Planning&Environmental Resources Department ( �� ,�, Board of County Commissioners: Marathon Government Center ' ws Mayor David Rice,District 4 2798 Overseas Highway,Suite 400 o% Mayor Pro Tem Craig Cates,District I Marathon,FL 33050 �� '0�� � Michelle Coldiron,District 2 Voice: (305)289-2500 ��„ James Scholl,District FAX: (305)289-2536 Holly Merrill Raschein,District 5 We strive to be caring,professional,and fair September 9,2022 David deHaas Grosseck Via email to dehaasdesign&gmail.com deHaas Consulting and Design 88975 Overseas Highway Tavernier, FL 33070 Letter of Understanding (File# 2022-124) Vacant Land, Key Largo, Florida Parcel Identification Number: 00083200-000000 Mr. deHaas Grosseck: Pursuant to Section 110-3 of the Monroe County Land Development Code (LDC), also referred to as "The Code", this document shall constitute a Letter of Understanding (LOU) following your request for a Pre-Application Conference with Planning and Environmental Resources staff. The purpose of the Pre-Application Conference is to acquaint the participants with the requirements of the Land Development Code, applicable Comprehensive Plan policies and the views and concerns of the County. The substance of the Pre-Application Conference held on August 3, 2022, is recorded in this LOU, which sets forth the subjects discussed at the conference and the County's position in regard to the subject matters discussed. In attendance at the pre-application conference were: ■ David deHaas Grosseck, Agent for Applicant ■ Donna Wilson, Applicant ■ Devin Tolpin, Principal Planner, Monroe County ■ Michael Roberts, Assistant Director/Environmental Resources, Monroe County ■ Aaron Schwartz, Senior Environmental Planner, Monroe County Materials presented for review included: ■ Written description of proposal ■ Boundary survey prepared by David S. Massey of Massey-Richards Surveying and Mapping, LLC with the latest survey date of 5/26/22 ■ Tier map of subject property with surrounding area mapped as Tier I Page 1 of 11 I. APPLICANT PROPOSAL "Change of Tier Designation from Tier I, to Tier III" IL SUBJECT PROPERTY DESCRIPTION 1. The subject property consists of a single parcel located east of CR 905 in Key Largo. The property is bordered to the north by N. Ocean Drive, to the east by the Atlantic Ocean, to the west by Oleander Ave,to the southwest by unimproved right-of-way that extends east of Gulfstream Drive, and to the southeast by a homeowners association park. 2. The subject property is legally described as below, per the Trustees' Deed document 42263890 filed in Book 3019, Page 499 of the Public Records of Monroe County, Florida, having Parcel Identification Number 00083200-000000. ire rr el I .1,4 f thart Piece o arot4 of 'tarot; tying between the fott ling described propert,y and the high water mark rk off,tine* Aft,,,nb " n,, to, vAt a " rrw e tf fit a ;*,r,t 6271eet Soith of the Center of Section 29', Township 60 South, Range 40 eta ,ac rJoi agonq, the South boundary of Gulfstrearn Shores SubdMsion, recorded In plat Bwk 3, a* Page 61, M,,:�w-r County, > tooda, forth 8911 59' East, 1238,19 feet for a phut of inning; thence rvn +iortfw 25 feet to potrt,of curve wuth,a raidlus of 149. feet and a central ain,gl of 38* 48' mru a fiointbe,WertY c�Prectior for a distance of iol.5 feet along the arc of safd curve to, its poiint ot tangent; thrice ruin North 380 48" Ea,sl 13 �01 feet, thence: run o� rtih 890 59" East 475.60 feet, ttwrwce run SciAh 300 2T East loo feet; thence run South 591 3 " West 274.E feet; thence run o thw 33, T West 13 .70 feet; thence nin North 8, 5, 40, West 303,77 fu to thence run c, uwtlh °* 5West 52,58 feet, to the Potent of IBe irsmng; ah as appears upon the aforementioned p`,a;t, re;,rded in r iat Uok 3, Paga 61, of the p ubtluC Records of monroe County, Florida. "fo ether with Part 2 w ,rtrutti r. rug a't a ;ur,,t 627 feel South of the Center of Sectto-ni 29, Township Eft Soutti, Pangs 4D East; v,,,ence run, atang tho South botpridairy of Guffstream Shores Subdivision, recorded in plat Book 3, at page 61, k4o nr e county, Floiida, North g" 59' East, 12,38.19 feet for a point of beginning; thence run N rthi 25 feet to poirut of curve udwatn a radius of 149 88 feet and a central angle of 3811 48' in a plic)rtheiasterfy directtOra for a distance of ioil r feet along the arc,of said curve to Its point of t ;snit; thence run North 3801 « Ease` 136,,01 feet, thence run North 890 59" Bast 475.60 feet; thence run Squtb 309 20' East 100, feet, thence nun South 590 9' u'est 274,64 feet; thence ruin Soot,h 3-3& 4 '" "° West 1 5a7 feet; thence run North 6811 05"40' West 303.77 feet; thenice run, Sojtha 'g'- 59" WeSI $2,!ie feet, to the Point of Beginning, e'tlW as appears upon the aforementioned p,;at, re+coMe,d in beat Book 3, Page 61, Moinr"u County, Florida. 3. The property is located within the Improved Subdivision (IS) Land Use (Zoning) District and is designated as Residential Medium (RM) on the Future Land Use Map (FLUM) of the Comprehensive Plan. The property is designated as Tier I on the Tier Overlay Map and is primarily classified as exotic with mangrove habitat located adjacent to the shoreline on the 2009 Habitat Map. The aerial photograph below shows the boundaries of the property and the Land Use Districts of the property and the immediate area. Page 2 of 11 �. V✓ mYl+,,.r„? ru,r,i,n y�wrr ,yYy,rnrrvwrq; a f}7t i i �l r� u"f / one , uuuu z r Subject Property with Land Use Districts Overlaid(Aerial dated 2022) 4. According to the property record card, the subject property consists of 3.05 acres of hardwood hammock. 5. A current signed and sealed boundary survey, which includes parcel boundaries, upland square footage, area by habitat types, utility locations, etc., will be required to be submitted with any future Tier Overlay District Map amendment application. The survey that was provided for the pre-application conference includes parcel boundaries and MHWL, but upland square footage and areas by habitat types are not provided. Overhead utility lines around the north and northwest perimeters of the property are shown, but no underground utilities are indicated on the survey. III. RELEVANT PRIOR COUNTY ACTIONS On March 15,2006 the Board of County Commissioners adopted Ordinance No. 010-2006 amending Land Developments Regulations to implement Goal 105 of the 2010 Comprehensive Plan and the Tier Overlay System by amending Section 9.5-256, Tier Overlay District; and providing criteria for designation of tier boundaries; and providing a mechanism for Tier Overlay District Map amendments. Permit 410303553 was issued on July 15, 2010 for the removal of invasive exotic vegetation. No permit records were located for any structures on the property. Page 3 of 11 IV. REVIEW The discussion at the pre-application conference focused on a possible Tier Overlay District Map amendment from Tier I to Tier III. This letter addresses the criteria for Tier Overlay District designations and the process for Tier Overlay District Map amendments. As provided in Section 130-130 of the Land Development Code, the purpose of the tier overlay district is to designate geographical areas outside of the mainland of the county, excluding the Ocean Reef planned development, into tiers to assign ROGO and NROGO points, determine the amount of clearing of upland native vegetation that may be permitted, and prioritize lands for public acquisition. The tier boundaries are to be depicted on the tier overlay district map. Lands on Big Pine Key and No Name Key shall be delineated as tier I, 11, or III. Lands in the remainder of the unincorporated county, excluding the Ocean Reef planned development, shall be delineated as tier I, III, and III-A (special protection area). The subject parcel is located in an area with minimal existing development and infrastructure per LDC Section 130-130(c)(1)f. sutiect property ll�� Extent of Tier I(in green) located between US 1 and Ocean Reef(Aerial dated 2004) (c) Tier boundary criteria, excluding Big Pine Key and No Name Key. The tier boundaries are designated using aerial photography, data from the Florida Keys Carrying Capacity Study, the endangered species maps, property and permitting information and field evaluation. The following criteria, at a minimum, are used to evaluate upland habitats and designate boundaries between different tier overlays: (1) Tier I boundaries shall be delineated to include one or more of the following criteria and shall be designated tier L a. Vacant lands which can be restored to connect upland native habitat patches and reduce further fragmentation of upland native habitat. Page 4 of 11 b. Lands required to provide an undeveloped buffer, up to 500 feet in depth, if indicated as appropriate by special species studies, between natural areas and development to reduce secondary impacts. Canals or roadways, depending on width, may form a boundary that removes the need for the buffer or reduces its depth. c. Lands designated for acquisition by public agencies for conservation and natural resource protection. d. Known locations of threatened and endangered species, as defined in section 101-1, identified on the threatened and endangered plant and animal maps or the Florida Keys Carrying Capacity Study maps, or identified in on-site surveys. e. Conservation, native area, sparsely settled, and offshore island land use districts. f. Areas with minimal existing development and infrastructure. (2) Lands located outside of Big Pine Key and No Name Key that are not designated tier I shall be designated tier III. a. The following conditions shall constitute a break in pinelands or tropical hardwood hammock for calculating the one-acre minimum patch size for designation of tier III- A boundaries: 1. U.S. Highway 1, canals and open water; 2. Any disturbed pinelands or tropical hardwood hammock with invasive coverage of 40 percent or more; 3. Property lines of developed lots or vacant lots with a ROGO allocation award or an issued building permit, as of September 28, 2005, located within a Land Use District that allows only one unit per lot; or 4. Property lines of developed parcels of less than 10,000 square feet in area with a ROGO/NROGO allocation award or issued building permit, as of September 28, 2005, located within a Land Use District that allows residential development of more than one dwelling unit per parcel/lot or non-residential development. b. Lots designated tier III-A (Special Protection Areas) on the November 29, 2005 maps may petition the county for a rezoning to tier III if the lot meets one of the following criteria: 1. The lot will be served by a central sewer and the wastewater collection system has an approved permit that was effective March 21, 2006 to construct the system on file from the Department of Environmental Protection; or Such lots may be granted a score of 30 points through an administrative determination made by the county biologist, the Director of Growth Management and rendered to the State Land Planning Agency until such time as the county sponsors a zoning map change to update the Tier Three Overlay Zoning Map and it is approved by the department of community affairs. c. Any hammock identified in the county's data base and aerial surveys as 1.00 to 1.09 acres in area shall be verified by survey prior to its designation as tier III-A. A Page 5 of 11 hammock that is deemed by survey and a field review by county biologists to fail the minimum size criteria shall have the Special Protection Area designation removed from the subject parcel Section 130-130(d)provides for Tier Overlay District Map amendments as follows: (a) Tier overlay district map amendments. The tier overlay district map may be amended to reflect existing conditions in an area if warranted because of drafting or data errors or regrowth of hammock. However, the clearing of tropical hardwood hammock or pinelands that results in the reduction of the area of an upland native habitat patch to less than the one-acre minimum shall not constitute sufficient grounds for amending the designation of a tier III-A area to tier III. The tier overlay district map amendments shall be made pursuant to the procedures for map amendments to this chapter.Unlawful conditions shall not be recognized when determining existing conditions and regulatory requirements. As provided in Comprehensive Plan Policy 105.2.1, Tier III areas are described as any defined geographic area, where a significant portion of land area is not characterized as environmentally sensitive as defined by this Plan, except for dispersed and isolated fragments of environmentally sensitive lands of less than four acres in area, 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 nonresidential uses exists, is to be designated as an Infill Area. 41 y Ii Vlll� u�l il�i I i� L , i�9 V III I "Itl Parcel mapped as exotic with mangrove (2006 imagery) Page 6 of 11 � � L I�r I� Y i i Y 2004 Aerial imagery The parcel was designated as disturbed land with buttonwood/salt marsh on the 1985 Existing Conditions map as shown below. i r 1985 Existing Conditions Map Page 7 of 11 In summary,the subject parcel(00083200-000000) is undeveloped land that is located in an area with minimal existing development and infrastructure per LDC Section 130-130(c)(1)f. A significant portion of land area north and south of the subjectparcel is characterized as environmentally sensitive as defined by this Plan and the existing platted subdivisions (Gulfstream Shores&Knowlson Colony) are not substantially developed (only 31% of 154 parcels are developed with a structure). The property is not located within close proximity to established commercial areas, or where a concentration of nonresidential uses exists. The Tier Overlay District Designation of Tier I does not appear to have been a drafting or data error. The non-exhaustive foregoing comprises one of several actual or potential bases upon which the department may deny or recommend denial if an application is submitted for such a change. PROCESS Tier Overlay District Map amendments may be requested to reflect existing conditions in an area if warranted because of drafting or data errors. Tier Overlay District Map amendments are processed in accordance with Section 102-158 and 102-159 of the Land Development Code. 102-158(d) (2) Map Amendment Proposals by affected landowners. Any landowner or other person having a contractual interest in property desiring to petition the BOCC for an amendment to the land use(zoning)district map,overlay district map or FLUM shall be required to file an application with the Planning Director accompanied by a nonrefundable application fee as established from time to time by the BOCC to defray the actual cost of processing the application. After receipt, the Planning Director and his or her staff shall review the proposed amendment and present it with a recommendation of approval or denial to the Development Review Committee for review and comment. Staff shall make a recommendation to the Planning Commission. (4) Community Participation. The following types of amendments addressed under this section shall provide for community participation as specified in Section 102-159: a. Applicants requesting a Land Use District (Zoning) Map amendment, Land Use District(Zoning) Map Overlay amendment, or Future Land Use Map amendment; (5) Public hearing(s). The Planning Commission and the BOCC shall each hold at least one public hearing on a proposed amendment to the text of the comprehensive plan or land development code or to the land use (zoning) district map or overlay district map or FLUM at the transmittal stage. The BOCC shall hold at least one additional public hearing for the adoption of a FLUM and/or text amendment of the comprehensive plan. a. Advertised notice. Advertised notice of the public hearings for a proposed amendment to the text of the land development code, the land use (zoning) district map, overlay district map and the transmittal of the FLUM change shall be provided as required by section 110-5 of this Land Development Code. b. Mailed notice. Notice of changes to the land use(zoning)district map, overlay district map and FLUM shall be mailed to owners within 600 feet of the affected property 15 days prior to the required hearing before the Planning Commission and 30 days before the required hearing before the BOCC for the land use (zoning) district map amendment and the FLUM at the transmittal stage. Page 8 of 11 C. Posting of notice. Posting of notice shall be made in accordance with the requirements of section 110-5 for land use (zoning) district map amendments, overlay district map, FLUM amendments, and property-specific text amendments. d. Other notice. Notice of all public hearings shall be posted on the Monroe County Website as soon as is practical. Failure to post notice on the Monroe County Website shall not constitute grounds for the cancellation of any public hearing nor shall it constitute grounds for the cancellation of any action taken by the Planning Commission or the BOCC at such a meeting. 6) Action by Planning Commission. The Planning Commission shall review the application,the reports and recommendations of the Planning and Environmental Resources Department, the comments of the Development Review Committee, and the testimony given at the public hearing, and shall submit its recommendations and findings to the BOCC. 7) Action by BOCC following public hearing(s). a. The BOCC shall consider the reports and recommendation of the Planning Commission, Planning and Environmental Resources Department staff, and the testimony given at the public hearings. b. The BOCC may consider the adoption of an ordinance enacting the proposed map and text amendments to this Land Development Code based on one or more of the following factors: 1. Changed projections (e.g., regarding public service needs) from those on which the existing text or boundary was based; 2. Changed assumptions (e.g., regarding demographic trends) from those on which the existing text or boundary was based; 3. Data errors, including errors in mapping, vegetative types and natural features which contributed to the application of the existing text or boundary; 4. New issues which arose after the application of the existing text or boundary; 5. Recognition of a need for additional detail or comprehensiveness; 6. Data updates; or 7. Consistency with the Comprehensive Plan and the principles for guiding development as defined in Section 380.0552, Florida Statutes. C. For text amendments to the Comprehensive Plan and FLUM amendments, the BOCC must also consider the analyses identified in Chapter 163, Florida Statutes and must find that the amendment is consistent with the principles for guiding development as defined in Section 380.0552, Florida Statutes. d. In no event shall an amendment be approved which will result in an adverse change in community character to the sub-area which a proposed amendment affects or to any area in accordance with a Livable CommuniKeys master plan pursuant to findings of the BOCC. Sec. 102-159. Community Participation (a) Map Amendments. In addition to the public hearings required by Section 102-158, applicants requesting a Land Use District (Zoning) Map, Land Use District (Zoning) Map Overlay District or Future Land Use Map (FLUM) amendment shall provide for public participation through a community meeting. Page 9of11 (1) Community Meeting. The applicant will coordinate with the Planning Director regarding the date, time and location of the proposed community meeting; however, all meetings are to be held on a weekday evening at a location close to the project site, between 45 -120 days prior to any of the public hearings required in Section 102-158. (2) Posting of notice. The notice shall include the date,time and place of the community meeting, the address of the site and a description of the site, reference to the closest mile marker, and a summary of the proposal to be considered. At least 15 days prior to the community meeting, applicants shall post the property that is the subject of the map amendment with a waterproof signs(s) provided by the Planning and Environmental Resources Department which is so located that the notice shall be easily visible from all public streets and public ways abutting the property. The applicant shall remove the posted notice within ten days after completion of the community meeting. (3) Mailing of notice. At least 15 days prior to the community meeting, notice of the community meeting shall be mailed by the county to all owners of real property located within 600 feet of the property that is the subject of the map amendment, including any residents of the parcel proposed for map amendment. A list of such owners, as shown by the latest available records in the Monroe County Property Appraiser Office, shall be provided by the applicant with an application for development approval. (4) Publication of notice. At least 15 days in advance of the community meeting, notice of the community meeting shall be provided as follows: a. Newspaper publication: Notice of the community meeting shall be published in the non-legal section of a local newspaper of general paid circulation in Monroe County. The newspaper shall be of general interest and readership in the community. The advertisement shall appear in a newspaper that is published five days a week. The advertisement shall be no less than two columns wide by ten inches long in a standard size or tabloid size newspaper and the headline in the advertisement shall be in a type no smaller than 18 point; and b. Website and Social Media: The applicant shall coordinate with the County to assure the meeting is posted to the County's website and social media platforms. (5) Noticing and Advertising Costs. The applicant shall pay the cost of the public notice and advertising for the community meeting and provide proof of proper notice to the Planning Director. (6) The community meeting shall be facilitated by a representative from the Monroe County Planning and Environmental Resources Department and the applicant shall be present at the meeting. Pursuant to LDC Section 110-3(a)(3), you are entitled to rely upon representation made at the conference only to the extent such representations are set forth in the LOU. An LOU shall not provide any vesting to requirements, code and the comprehensive plan. The development shall be required to be consistent with all regulations and policies at the time of development approval. The Planning Director acknowledges that all items required as part of the application for development approval may not have been addressed at the conference, and consequently reserves the right for additional comment. Page 10 of 11 You may appeal any decision, determination or interpretation made in this letter pursuant to Monroe County LDC Section 102-185. A notice of appeal in the form prescribed by the Planning Director must be filed with the County Administrator, 1100 Simonton Street, Gato Building, Key West, Florida 33040,within 30 calendar days from the date of this letter. Additionally, a copy of the notice of appeal must be filed with the Planning Commission Coordinator, Monroe County Planning and Environmental Resources Department,2798 Overseas Highway, Suite 400,Marathon,Florida 33050. We trust that this information is of assistance. If you have any questions regarding the contents of this letter, or if we may further assist you with your project, please feel free to contact the Department's Marathon office at(305) 289-2500. Sincerely yours, Emily Schemper, AICP, CFM Senior Director of Planning and Environmental Resources cc: Michael Roberts, Assistant Director/Environmental Resources Page 11 of 11 ©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©©© naa ��Pa„ �ndw� ood,��n ,oa�,na �z4 ii i / his��� ii✓�� ,.,,,,,,.. / '/..,i/, /%ii, ..,-„ ii/%%////%00�!/ . /.. ���/� l,� „ : i .,,.,,,, ✓�. . //i .,,,, ,,, ,,,,,..' ii,a., ,i / / / ,r r �1���/i ,i�,/ci/ids//�l//////////1��i�1//l��il��IIJ//r/ ii, II �V From: Schemper Emily To: Roberts-Michael;Aquila-Ilze Cc: Morris-Peter Subject: FW: Gulfstream Shores Gulfstream Lodge Article Date: Thursday,May 23,2024 2:44:41 PM Attachments: The Miami News Tue Apr 15 1958 (1). clf Also for File 2024-014—Tier Amendment Wilson/Avirett. Thanks ************************************************************** Emily Schemper,AICP, CFM Senior Director of Planning&Environmental Resources Monroe County I Planning&Environmental Resources Department 2798 Overseas Highway,Suite 400, Marathon, FL 33050 305.453.8772 ************************************************************** From: Bryant Diersing<mangrovecuckoo@hotmail.com> Sent:Thursday, May 23, 2024 10:46 AM To: Schemper-Emily<Schemper-Emily@MonroeCounty-FL.Gov> Subject: Gulfstream Shores Gulfstream Lodge Article You don't often get email from pyn,..ar hotm aill.. arm Lea ro wlll,v� is is iirr�)ortani 000000000000000000000000000000000000000000000000000000000 000000000000000000000000000000000000000000000000000000000 0000000000000000000000000000000000000000000000000000000 CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or open attachments you were not expecting. "Good people, when Columbus discovered this country, it was plumb full of nuts and berries.............. I'm here to tell ya, the berries is just about all gone!" Uncle Dave Macon News! "'' The Miami News(Miami,Florida) • Tue,Apr 15, 1958• Page 1 Ty 4 ancestry https://www.newspapers.com/image/298224057 Downloaded on May 19, 2024 Blaze J.,evels tp n " am « f�° I 11 , ; 1 Ta larulated fishing camp on � Key Laa°yo was uowp(xp by prrnr I @ early bpra,lAy, Narnnoye was e sy.�y mated M rnore than$76,000 Soarne 20 rnamwa ew°s Of tie To, verrrk,r i"urpnumipawr T rre 'Deport p nmunp,drove Ae nntpes ha artived'y, uoo We 9ai save0*nWn huuo6rlsnpg C of G'uffstiaeam $"'dshIng 1.Age off fi Ox "d road"noob of U, 5, Ao t The main buflrpmopp, hx rue ng a r a bay,and r e"staaurm A„burned to ON e 1 ground Two srna[J roQa$ea s9&(r� were d mroyed, p Mr. and Mrs, Joseph FAae'MO, u manaV,er, of dw (anipro 9optA Eirr,' denan tile,yrrro apneel from Ow hurn- srry hu l&ng only ntra menk prN,. pore their exdt was ¢:dirt, Off IisJ` , pine, The, yna naymer and hk owf e tnulp.8 Munrw erior(t;y tbpyj"Ay john Hovey fficy went try beil shout k kpe Go( ioiTpt& ap11u epanari prey tK(e bar °p Vwy were,awakened by thick suwpae p=Inr, i wo Oie m owmi pw, hind rine rel auwranf ""'cGon sIvxt, e aytu r uwa unight a&,y Ow t'llne ¢wo unite ak Qlt k vwrrrriew firernsea( aruaverl daNyut1 Al r 11 .a anti., the ht ilydnng wag &I,; e rnom a rental le,wa winrnrif,014 a xmt 21 arrtlaaa Doti knerair nrcwe°rrnw�p kure� blaae ui the two otiyj*wIn* cot K topsw ohAl °aeare dsmroyen Inal lur°emen sar°oAd Awes other caaw"'P, rAiOu%Th yKe ae rutty paws s1'm,lnray T fae ffluea pow $a yu�oeGn. nw e a p iTa^ cvug,ays eras owa;niru ead dear am aGp9aA A' The eaunip 6 auwanO 4y Doju$ and ptrroe yT. Tni were w&wa elafrn1 pratnarawe pa anwe of Apae e atst r w tt,,, roan Uw T,m'r ra, Copyright© 2024 Newspapers.com.All Rights Reserved. ',"' From: Schemoer Emily To: Roberts-Michael;Aquila-Ilze Subject: FW: Croc pic Date: Friday,May 31,2024 9:18:00 AM I lze, Can you please add this email to the Tier Amendment file for Wilson/Avirett. Thankyou ************************************************************** Emily Schemper,AICP, CFM Senior Director of Planning& Environmental Resources Monroe County I Planning& Environmental Resources Department 2798 Overseas Highway, Suite 400, Marathon, FL 33050 305.453.8772 ************************************************************** From: nancy diersing<diersing@bellsouth.net> Sent: Friday, May 31, 2024 9:07 AM To: Schemper-Emily<Schemper-Emily@MonroeCounty-FL.Gov> Subject: Croc pic 000000000000000000000000000000000000000000000000000000000000 000000000000000000000000000000000000000000000000000000000000 0000000000000000000000000000000000000000000000000 CAUTION:This email originated from outside of the County.Whether you know the sender or not, do not click links or open attachments you were not expecting. Here's a pic from Everett Jones of a croc in front of the Wilson-Avirett property. I asked him to send the video directly to you. Thanks Nancy UUIIU%1 k r N >r Sent from my Pad From: Aauila Ilze To: McKinney Jessica Subject: FW: Crocodile in proximity to Wilson property Date: Tuesday,June 25,2024 10:35:25 AM Attachments: IMG 7664.MOV _TCze .Aguila Senior Administrator, Operations Planning& Environmental Resources Murray Nelson Government Center 102050 Overseas Hwy, Key Largo FL 33037 (P)305-453-8772 (E)Aguila-ilzeCcbmonroecounty-ft. ov From: Schemper-Emily<Schemper-Emily@MonroeCounty-FL.Gov> Sent:Tuesday,June 25, 2024 10:27 AM To: Aguila-Ilze<Aguila-Ilze@MonroeCounty-FL.Gov> Cc: Roberts-Michael <Roberts-Michael@MonroeCounty-FL.Gov> Subject: FW: Crocodile in proximity to Wilson property Ilze, can you please add this email/video to the Wilson/Avirett Tier Map Amendment file? Thanks ************************************************************** Emily Schemper,AICP, CFM Senior Director of Planning& Environmental Resources Monroe County I Planning& Environmental Resources Department 2798 Overseas Highway, Suite 400, Marathon, FL 33050 305.453.8772 ************************************************************** From: Everett Jones<everettiones 85(@yahoo.com> Sent:Tuesday,June 25, 2024 6:34 AM To: Schemper-Emily<Schemper--Emilyg MonroeCounty-FL.Gov> Subject: Crocodile in proximity to Wilson property [You don't often get email from everettjones 85Ccovahoo.com. Learn why this is important at https://al<a.ms/LearnAboutSenderldentification ] 000000000000000000000000000000000000000000000000000000000000 000000000000000000000000000000000000000000000000000000000000 0000000000000000000000000000000000000000000000000 CAUTION:This email originated from outside of the County.Whether you know the sender or not, do not click links or open attachments you were not expecting. Hi Emily, Videos of the resident crocodile in the vicinity of Wilson property. Be, Everett From: Mary Spillane To: District2 Dlanning; Districtl planning; District3 planning; District4 planning Cc: Aquila-Ilze;Schemper-Emily; Roberts-Debra; Roberts-Michael;Cates-Craig; BOCCDIS2; BOCCDIS3; BOCCDIS4; BOCCDIS5; Last Stand Board Subject: Wilson-Avirett Tier Change Date: Tuesday,July 9,2024 10:26:43 AM Attachments: Last Stand Logo FINAL.pnq CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or open attachments you were not expecting. July 9, 2024 Joe Scarpelli, Chairman Ron Demes, Vice Chairman George Neugent Rosemary Thomas RE: Wilson-Avirett Tier Change Planning Commissioners: Last Stand strongly opposes the requested Wilson-Avirett Tier change proposed in the environmentally-protected area of North Key Largo. The entire 13 miles of sparsely- developed land along CR 905 and along Card Sound Road is designated Tier I (environmentally sensitive). This is true for every lot and parcel in North Key Largo, regardless of its present land use. North Key Largo was once targeted by developers to house 25,000 to 45,000 people. The outcry against the potential loss of native hammock from these proposed developments reinforced the Florida Keys becoming an Area of Critical State Concern. This designation and the subsequent land buying by the state facilitated the protection and restoration of the environment of North Key Largo. Despite historical disturbances from human use, today it remains preserved. North Key Largo is now the largest contiguous West Indian hardwood hammock in the continental United States. There are still a few areas not in conservation, but within those privately-owned neighborhoods, the state has bought many of the vacant residential lots to help overcome the fragmentation of the hammock there and provide a corridor for wildlife such as the federally- listed, endangered Key Largo cotton mouse, Key Largo woodrat and Schaus Swallowtail butterfly. It is because of the history and success of all these efforts to conserve and preserve this fragile and limited piece of the Florida Keys that Last Stand strongly objects to reducing these protections. All of North Key Largo should remain Tier 1. After careful review of the Wilson-Avirett application, county staff recommended denying the proposed tier change and noted that the Tier I designation was not an error. The property meets the Tier I designation "in accordance with criteria of Comprehensive Plan 36 Policy 205.1.1 and Section 130-130(c)(1) of the Land Development Code." The county staff report noted this proposed change is inconsistent with "the provisions and intent of the Monroe County 2030 Comprehensive Plan." Changing the designation to Tier III is inconsistent with the Tier I zoning for residential properties adjacent to the Wilson-Avirett property and throughout North Key Largo. Further, this proposed change would establish a precedent that may allow other similar changes in this fragile area. The two nearby neighborhoods, which have Tier I properties, are relatively undeveloped, as many parcels have been purchased as conservation lands by the state or county. According to the staff report, "The proposed amendment would negatively impact the minimally-developed community character of the surrounding Tier I subdivisions/properties." The property is properly classified as Tier I for several reasons. As noted in the staff report, it is in an area with"minimal existing development and infrastructure," is the location of two endangered plant species, and is within the footprint of the Florida Forever program dedicated to conservation land acquisition funded by the state legislature. The 3.3-acre parcel is a Species Focus Area for endangered and threatened species identified by US Fish and Wildlife Service and recognized as such by the county. Ecological restoration of this land, with the purpose of creating quality connected upland habitat in North Key Largo, is possible over time. Since the Tier overlay maps were implemented in 2005-06, nothing has changed to justify a change in this property's Tier I status. Under the Florida Keys Area of Critical State Concern framework, the county opted to reduce commercial and residential development in North Key Largo because the area contains the largest tropical hardwood hammock in North America and serves as a vital hurricane evacuation route. This policy has remained in place over many years and a Tier change could negatively impact community safety by making hurricane evacuation times longer. North Key Largo has long served as a vital habitat for numerous species of wildlife and plays a crucial role in maintaining the ecological balance of our community. Any alteration to the protections put in place risks dismantling the accomplishments made so far. Furthermore, the preservation of such areas is not just a matter of environmental concern but also a matter of ethical responsibility towards future generations. These protected areas represent our commitment to sustainable development and ensuring that our natural heritage remains intact for the benefit and enjoyment of all. Thank you for considering Last Stand's perspective on this crucial matter. We urge the county to continue to work towards upholding their commitment to environmental stewardship by maintaining the Tier I designation of the Wilson-Avirett property. Ann Olsen On Behalf of the Board of Last Stand - ✓ ' , „ ✓ '- s s.%;' www.keysfasts,tand.,org Mary Spillane Executive Coordinator Last Stand of the Florida Keys 1II�__i Aguila-Ilze From: Bryant Diersing <diersing@bellsouth.net> Sent: Wednesday,August 14, 2024 2:28 PM To: Aguila-llze Subject: Fw: Application for Tier 1 Change in North Key Largo for Wilson Avirett property I You don't often get email from diersing@bellsouth.net. Le,a,rn,_�r„Wr,Y,,,,t,W,i°s,,,,i;,°,,,,i;rrr„r2,a CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or open attachments you were not expecting. Dear Ms. Aguila. In case you did not receive it, here is the comment email I sent to the planners regarding the tier change application on the Wilson-Avirett property on August 8. My email was received by the commissioners and did not bounce back to me (no response from the planning commissioners. best regards, Nancy ----- Forwarded Message ----- From: Bryant Diersing <diersing@bellsouth.net> To: Districtl_plan ning <districtl_plan ning@monroecounty-fl.gov>; district2_planning@monroecounty-fl.gov <district2_planning@monroecounty-fl.gov>; district3_planning@monroecounty-fl.gov <district3_planning@monroecounty- fl.gov>; district4_planning@monroecounty-fl.gov <district4_planning@monroecounty-fl.gov>; district5_planning@monroecounty-fl.gov <district5_planning@monroecounty-fl.gov> Cc: Raschein-Holly <raschein-holly@monroecounty-fl.gov>; rice-david@monroecounty-fl.gov <rice- david@monroecounty-fl.gov>; Scholl-Jim <scholl-jim@monroecounty-fl.gov>; Craig Cates <boccdisl@monroecounty- fl.gov>; Lincoln-Michelle <lincoln-michelle@monroecounty-fl.gov>; BOCCDIS2 <boccdis2@monroecounty-fl.gov>; BOCCDIS4 <boccdis4@monroecounty-fl.gov>; BOCCDIS3 <boccdis3@monroecounty-fl.gov>; boccl @monroecounty- fl.gov <boccl @monroecounty-fl.gov>; bocc5@monroecounty-fl.gov <bocc5@monroecounty-fl.gov> Sent: Thursday, August 8, 2024 at 04:41:43 PM EDT Subject: Application for Tier 1 Change in North Key Largo for Wilson Avirett property Dear Planning Commissioners: I am writing to you today regarding a request by the owners of the Wilson-Avirett property in North Key Largo for a tier change from 1 to 3. You may be hearing this request at an upcoming Planning Commission meeting, probably in August(agenda not out at the time of this writing). The designation of the Wilson-Avirett property as tier 1 occurred through the county's public process for developing the tier overlays in 2005-2006. Along with other properties in North Key Largo, including those with invasive plants, buildings, and homes, this 3.5-acre waterfront property was classified as tier 1. It was not misclassified in the original tier system nearly 20 years ago. Granting this tier change would add to the potential of future takings cases in the county and is against the county's best interests. This property was never platted and therefore is not eligible for a ROGO (unlike other 1 tier 1 platted lots in North Key Largo). Such a change to tier 3 would make it eligible for a ROGO and therefore it could become a potential takings case if*a ROGO is not available. This property has many characteristics that qualify it for its current tier 1 designation. It falls within the Florida Forever Footprint Program, which annually allocates state monies to the county for the purchase of conservation land. It has protected plant species; crocodiles living directly off its shore and is surrounded by the hardwood tropical hammock with protected plant and animal species. Under the current tier system, the property has been slated for conservation for many, many years (during which time the property owners paid low taxes on the low value of this property). In accordance with tier 1 criteria, this property and the surrounding residences are located away from services. Additionally, this tier change would negatively affect the character of the two small adjacent neighborhoods, which are sparsely developed. Many of my neighbors turned out for the community meeting on this request and the general feeling was not in favor of this change. A tier change in North Key Largo would not only go against the county and state policies, it would also be contrary to keeping development down on CR905, an important hurricane evacuation route. Finally, it could lead to similar requests in this area and eventually result in cumulative development impacts that negatively affect residents and nature. The loss of the tier 1 designation would be the first of its kind in North Key Largo and very well may open the door to a zoning change to become a commercial property, which would significantly affect the character of the nearby neighborhoods and protected lands and species. I have this concern because a change to a tier 3 property from residential to commercial zoning may become a desirable option for the county to reduce its potential takings. This can be avoided all together if*the tier I status and current zoning as residential (IS) on the Wilson Avirett property remain the same. I implore you to reject this tier change request in accordance with the commitments the county has made to manage development and promote conservation in North Key Largo for the benefit of the entire Florida Keys. Thank you for your attention to this most important matter. Many years ago, decisions were made to keep North Key Largo in check. Any reversal of this policy is unwarranted and unfair. Best Regards, Nancy Diersing 2 Aguila-Ilze From: Geneva Schaad <genevamschaad@gmail.com> Sent: Wednesday,August 14, 2024 1:21 PM To: Aguila-llze Subject: Fwd: Undeliverable: Fwd: Wilson-Avirett tier application item Follow Up Flag: Follow up Flag Status: Flagged You don't often get email from genevamschaad@mail.com.,u,,, arn�WY,,tWis,° ir,nFF.a,, „ „ ;°,, , CAUTION Ms.Aguila. Please see my forwarded email below to the Planning Commission. ---------- Forwarded message--------- From: Burke-Sue <II 1°II<. ... II II Ii° Il i;, Qv> Date: Wed,Aug 14, 2024 at 12:53 PM Subject: RE:Wilson-Avirett tier application item To: Geneva Schaad < eii�e�raiinscll�aad�d� iinall..cOiin> Dear Geneva and Charles, Received; thank you. Sincerely, Sue Burke Executive Assistant Jim Scholl Mayor Pro Tem Monroe County District 3 530 Whitehead Street, Suite 102 Key West, FL 33040 305-292-3430 (Office) 850-341-5041 (Cell) Courier Stop: CLK - Stop *8 Burke-Sue@MonroeCounty-FL®Gov www.monroecounty-fl.gov 1 Monroe County, Florida "The Florida Keys" PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE. From: Geneva Schaad <gb. it y irm�gt1q d„@,girnaiilLcoirn> Sent:Wednesday, August 14, 2024 12:49 PM To: Districtl_planning<Districtl_planning@MonroeCounty-FL.Gov>; Districtl_planning <District2_planning@MonroeCounty-FL.Gov>; District3_planning<District3_planning@MonroeCounty-FL.Gov>; District4_planning<District4_planning@MonroeCounty-FL.Gov>; District5_planning <District5_planning@ MonroeCou nty-FL.Gov> Cc: BOCCDIS5 <BOCCDIS5@MonroeCounty-FL.Gov>; Raschein-Holly<Raschein-Holly@MonroeCounty-FL.Gov>; Rice- David <Rice-David@MonroeCounty-FL.Gov>; BOCCDIS4<BOCCDIS4@MonroeCounty-FL.Gov>; Scholl-Jim <Scholl- Jim@MonroeCounty-FL.Gov>; BOCCDIS3 <BOCCDIS3@MonroeCounty-FL.Gov>; Lincoln-Michelle<Lincoln- Michelle@Monroecounty-FLGov>; BOCCDIS2<Ib occdis „@irm oir ii o p uir by ll.g oy>; Cates-Craig<Cates- Craig@MonroeCounty-FLGov>; Cates-Craig<Cates-Craig@MonroeCounty-FLGov>; gM2.iille idle:e„@irmirii- ou„irti;y ill goy Subject:Wilson-Avirett tier application item I Some people who received this message don't often get email from g.e.nevi.. ^sc.V7.a.a.d.(gr.rra1....o. ..uearn..w..Ny.�...t.V7f....i:°...i:r.ry..rzowt.a.n.. CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or open attachments you were not expecting. Dear Planning Commissioners This will be short. The unplatted property is my neighborhood, Gulfstream Shores and Knowlson Colony, in North Key Largo, and is deeply embedded in the two. The owners ask you to change the designated Tier 1 to Tier 3. Early in the 2000s the county put a Tier system in place, and a Tier 1 was mostly for conservation. Once it is changed, it may affect similar properties and may become commercial. Please think long and hard and do not make the change. Thank you for your time. Regards, Geneva and Charles Schaad 2 Aguila-Ilze From: Bryant Diersing <diersing@bellsouth.net> Sent: Wednesday,August 14, 2024 2:28 PM To: Aguila-llze Subject: Fw: Application for Tier 1 Change in North Key Largo for Wilson Avirett property I You don't often get email from diersing@bellsouth.net. Le,a,rn,_�r„Wr,Y,,,,t,W,i°s,,,,i;,°,,,,i;rrr„r2,a CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or open attachments you were not expecting. Dear Ms. Aguila. In case you did not receive it, here is the comment email I sent to the planners regarding the tier change application on the Wilson-Avirett property on August 8. My email was received by the commissioners and did not bounce back to me (no response from the planning commissioners. best regards, Nancy ----- Forwarded Message ----- From: Bryant Diersing <diersing@bellsouth.net> To: Districtl_plan ning <districtl_plan ning@monroecounty-fl.gov>; district2_planning@monroecounty-fl.gov <district2_planning@monroecounty-fl.gov>; district3_planning@monroecounty-fl.gov <district3_planning@monroecounty- fl.gov>; district4_planning@monroecounty-fl.gov <district4_planning@monroecounty-fl.gov>; district5_planning@monroecounty-fl.gov <district5_planning@monroecounty-fl.gov> Cc: Raschein-Holly <raschein-holly@monroecounty-fl.gov>; rice-david@monroecounty-fl.gov <rice- david@monroecounty-fl.gov>; Scholl-Jim <scholl-jim@monroecounty-fl.gov>; Craig Cates <boccdisl@monroecounty- fl.gov>; Lincoln-Michelle <lincoln-michelle@monroecounty-fl.gov>; BOCCDIS2 <boccdis2@monroecounty-fl.gov>; BOCCDIS4 <boccdis4@monroecounty-fl.gov>; BOCCDIS3 <boccdis3@monroecounty-fl.gov>; boccl @monroecounty- fl.gov <boccl @monroecounty-fl.gov>; bocc5@monroecounty-fl.gov <bocc5@monroecounty-fl.gov> Sent: Thursday, August 8, 2024 at 04:41:43 PM EDT Subject: Application for Tier 1 Change in North Key Largo for Wilson Avirett property Dear Planning Commissioners: I am writing to you today regarding a request by the owners of the Wilson-Avirett property in North Key Largo for a tier change from 1 to 3. You may be hearing this request at an upcoming Planning Commission meeting, probably in August(agenda not out at the time of this writing). The designation of the Wilson-Avirett property as tier 1 occurred through the county's public process for developing the tier overlays in 2005-2006. Along with other properties in North Key Largo, including those with invasive plants, buildings, and homes, this 3.5-acre waterfront property was classified as tier 1. It was not misclassified in the original tier system nearly 20 years ago. Granting this tier change would add to the potential of future takings cases in the county and is against the county's best interests. This property was never platted and therefore is not eligible for a ROGO (unlike other 1 tier 1 platted lots in North Key Largo). Such a change to tier 3 would make it eligible for a ROGO and therefore it could become a potential takings case if*a ROGO is not available. This property has many characteristics that qualify it for its current tier 1 designation. It falls within the Florida Forever Footprint Program, which annually allocates state monies to the county for the purchase of conservation land. It has protected plant species; crocodiles living directly off its shore and is surrounded by the hardwood tropical hammock with protected plant and animal species. Under the current tier system, the property has been slated for conservation for many, many years (during which time the property owners paid low taxes on the low value of this property). In accordance with tier 1 criteria, this property and the surrounding residences are located away from services. Additionally, this tier change would negatively affect the character of the two small adjacent neighborhoods, which are sparsely developed. Many of my neighbors turned out for the community meeting on this request and the general feeling was not in favor of this change. A tier change in North Key Largo would not only go against the county and state policies, it would also be contrary to keeping development down on CR905, an important hurricane evacuation route. Finally, it could lead to similar requests in this area and eventually result in cumulative development impacts that negatively affect residents and nature. The loss of the tier 1 designation would be the first of its kind in North Key Largo and very well may open the door to a zoning change to become a commercial property, which would significantly affect the character of the nearby neighborhoods and protected lands and species. I have this concern because a change to a tier 3 property from residential to commercial zoning may become a desirable option for the county to reduce its potential takings. This can be avoided all together if*the tier I status and current zoning as residential (IS) on the Wilson Avirett property remain the same. I implore you to reject this tier change request in accordance with the commitments the county has made to manage development and promote conservation in North Key Largo for the benefit of the entire Florida Keys. Thank you for your attention to this most important matter. Many years ago, decisions were made to keep North Key Largo in check. Any reversal of this policy is unwarranted and unfair. Best Regards, Nancy Diersing 2 Aguila-Ilze From: Geneva Schaad <genevamschaad@gmail.com> Sent: Wednesday,August 14, 2024 1:21 PM To: Aguila-llze Subject: Fwd: Undeliverable: Fwd: Wilson-Avirett tier application item Follow Up Flag: Follow up Flag Status: Flagged You don't often get email from genevamschaad@mail.com.,u,,, arn�WY,,tWis,° ir,nFF.a,, „ „ ;°,, , CAUTION Ms.Aguila. Please see my forwarded email below to the Planning Commission. ---------- Forwarded message--------- From: Burke-Sue <II 1°II<. ... II II Ii° Il i;, Qv> Date: Wed,Aug 14, 2024 at 12:53 PM Subject: RE:Wilson-Avirett tier application item To: Geneva Schaad < eii�e�raiinscll�aad�d� iinall..cOiin> Dear Geneva and Charles, Received; thank you. Sincerely, Sue Burke Executive Assistant Jim Scholl Mayor Pro Tem Monroe County District 3 530 Whitehead Street, Suite 102 Key West, FL 33040 305-292-3430 (Office) 850-341-5041 (Cell) Courier Stop: CLK - Stop *8 Burke-Sue@MonroeCounty-FL®Gov www.monroecounty-fl.gov 1 Monroe County, Florida "The Florida Keys" PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE. From: Geneva Schaad <gb. it y irm�gt1q d„@,girnaiilLcoirn> Sent:Wednesday, August 14, 2024 12:49 PM To: Districtl_planning<Districtl_planning@MonroeCounty-FL.Gov>; Districtl_planning <District2_planning@MonroeCounty-FL.Gov>; District3_planning<District3_planning@MonroeCounty-FL.Gov>; District4_planning<District4_planning@MonroeCounty-FL.Gov>; District5_planning <District5_planning@ MonroeCou nty-FL.Gov> Cc: BOCCDIS5 <BOCCDIS5@MonroeCounty-FL.Gov>; Raschein-Holly<Raschein-Holly@MonroeCounty-FL.Gov>; Rice- David <Rice-David@MonroeCounty-FL.Gov>; BOCCDIS4<BOCCDIS4@MonroeCounty-FL.Gov>; Scholl-Jim <Scholl- Jim@MonroeCounty-FL.Gov>; BOCCDIS3 <BOCCDIS3@MonroeCounty-FL.Gov>; Lincoln-Michelle<Lincoln- Michelle@Monroecounty-FLGov>; BOCCDIS2<Ib occdis „@irm oir ii o p uir by ll.g oy>; Cates-Craig<Cates- Craig@MonroeCounty-FLGov>; Cates-Craig<Cates-Craig@MonroeCounty-FLGov>; gM2.iille idle:e„@irmirii- ou„irti;y ill goy Subject:Wilson-Avirett tier application item I Some people who received this message don't often get email from g.e.nevi.. ^sc.V7.a.a.d.(gr.rra1....o. ..uearn..w..Ny.�...t.V7f....i:°...i:r.ry..rzowt.a.n.. CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or open attachments you were not expecting. Dear Planning Commissioners This will be short. The unplatted property is my neighborhood, Gulfstream Shores and Knowlson Colony, in North Key Largo, and is deeply embedded in the two. The owners ask you to change the designated Tier 1 to Tier 3. Early in the 2000s the county put a Tier system in place, and a Tier 1 was mostly for conservation. Once it is changed, it may affect similar properties and may become commercial. Please think long and hard and do not make the change. Thank you for your time. Regards, Geneva and Charles Schaad 2 I lze Agu i la From:Valerie Lovell<vallovell@gmail.com> Sent: Friday,August 23, 20241:16 PM To: Schemper-Emily<Schem per-Emily@MonroeCounty-FL.Gov> Cc:Aguila-Ilze <Aguila-Ilze@MonroeCounty-FL.Gov> Subject: Re: Parcel ID Number 00083200-000000 CAUTION Good Afternoon, Mayyou add these photos of wildlife that are located near the proposed property asking for a Tier 3 zoning?Also, included is the public notice sign that is hard to view. Thankyou, Valerie Lovell �t� � "� E n � z � r ` ���a � , � � � � •, �� �� �� � � � , r� ��4 ��� A ���� � > � � � r� ICI ��� ` ` � � �¢� � , � fi ICI " ' f� $� � „ � i�i� III � r� .� , �0�4� ° fi aur ; r r f � I,v ✓ :lip I � '� �t ��� "� la � I t !11 w ,y W J a � �ff✓fv ,ti r, °� r I o i � ,f a,. `'' and 0 a, ✓ bra -� I ° r 1 i a i as r r � f ^ v L { 1 � ° I y y r P q r � a r N r Y Aguila-Ilze From: richard grosso <richardgrosso1979@gmail.com> Sent: Monday,August 26, 2024 12:02 PM To: District1_planning; District2_planning; District3_planning; District4_planning; district_planning@monroecounty-fl.gov Cc: Schemper-Emily; Roberts-Michael;Aguila-Ilze; Dottie Moses; dehaasdesign@gmail.com; richard grosso Subject: Wilson-Avirett Tier Change Attachments: K Largo Fed Wilson-Avirett Tier change.pdf CAUTION:This email originated from outside of the County.Whether you know the sender or not, do not click links or open attachments you were not expecting. Dear members of the Monroe County Planning Commission Please consider the attached correspondence as you take up the above-referenced tier map change proposal later this week. Thank you very much. RG Richard Grosso, Esq. Richard Grosso, P.A. 6919 W. Broward Blvd. Plantation, FL 33317 Mailbox 142 _c':Irng.!!:.J.g[!222!2J:. .. ...�.�Mlrm iill..:.�.�airm 954-801-5662 1 Richard Grosso, Esq. Richard Grosso, P.A. 6919 W. Broward Blvd. Plantation, FL 33317 Mailbox 142 richardgrosso 1979(a�gmail.corn 954-801-5662 richardgrossopa.com August 26, 2024 Joe Scarpelli, Chairman Ron Demes, Vice Chairman George Neugent Rosemary Thomas Eric Anderson RE: Wilson-Avirett Tier Change Dear Chairman Scarpelli and members of the Planning Commission, I write on behalf of the Island of Key Largo Federation of Homeowner Associations in opposition to the proposed Wilson-Avirett Tier change that is scheduled for the Commission's consideration at its August 28 the meeting. This 3.3-acre parcel is a Tier One property for good reason and the requested change is wholly inappropriate. The County staff recommendation of denial is clear and unassailable. On a landscape basis the land lies within the environmentally-protected area of North Key Largo, part of a 13 mile stretch of sparsely-developed land along CR 905 and Card Sound Road that is designated Tier I(environmentally sensitive). This area serves as a corridor for wildlife such as the federally-listed, endangered Key Largo cotton mouse, Key Largo woodrat and Schaus Swallowtail butterfly. The land in this area has been purchased or otherwise protected for conservation purposes for decades, and is part of the largest contiguous West Indian hardwood hammock in the continental United States. This parcel's location within this important ecosystem is key to its Tier One designation and, as noted by County staff, nothing justifies its removal from its current Tier designation. This area serves as a corridor for wildlife such as the federally-listed, endangered Key Largo cotton mouse,Key Largo woodrat and Schaus Swallowtail butterfly. The parcel is a Species Focus Area for endangered and threatened species identified by US Fish and Wildlife Service and recognized as such by the county. As explained by County staff,the proposed change is inconsistent with the Monroe County Comprehensive Plan and would establish a precedent that may allow other similar changes in this fragile area. The two nearby neighborhoods consist of Tier I properties and are sparsely developed. Like most other parcels in the area, the property is in an area with minimal existing development and infrastructure, may be habitat for two endangered plant species, and is within the Florida Forever acquisition program. Nothing has changed to justify a change in the Tier I status that has applied to the property since the Tier Overlay system was implemented. Any minor disturbance on the property does not overcome its location within a larger environmentally sensitive system and the sparse development and infrastructure in the area. No reasonable argument can be made that the parcel is anything other than classic Tier One under Comprehensive Plan Policy 205.1.1. Thank you for considering the Federation's objection to this proposal. Thank You Richard Grosso, Esq. cc: Dottie Moses, President, Island of Key Largo Federation of Homeowner Associations David deHaas Grosseck, Agent for Applicant Mike Robert, Monroe County Emily Schemper, Monroe County Robert C. Stoky 305,522,1300-rd me 14 Rakfl!)ow�Mve 5.,Cii�� emafll Key Lavgo,Horida 33037 August 27, 2024 Monroe County Planning Commission Monroe County Planning Department Marathon, 1,I 1-, 33050 Dear Monroe County Planning C.'ornmission and Planning Staff, .1 am writing to express my support for a tier change to allow them to build a single- farnily residence on the property known as the Wilson Property, located on Oleander Avenue in Key Largo, adjacent to the GUlf'strearn Shores subdivision. As a property owner in the same SUbdivision, I believe that allowing this development is both appropriate and beneficial for our corninunity. The Wilson Property was previously developed as a fishing lodge, which was an active part of community until it was destroyed by fire years ago. Since that time, the site has been left largely unattended, with only the original building foundations remaining and tire surrounding area becoming heavily overgrown. The vegetation is now predominantly composed of'invasive species, such as Australian pines (Casuari.na equisel�lblia) and Florida holly (also known as Brazilian pepper, ,chinus lerebinlh.*Iblia). invasive species are detrimental to the local ecosystem, as they aggressively outcornpete native vegetation, reduce biodiversity, and provide limited ecological benefits. Given the predominance of these invasives, the property does not qualify as critical habitat under local conservation criteria. Redeveloping the property to include a single-family home would involve removing these invasive species and Could include replanting with native flora, which would improve the ecological health ofthe area. Additionally,, the construction of a single-farrifly residence would be consistent with the character and aesthetics Of'OUr existing neighborhood in GUlf'strearn Shores. Replacing an abandoned and overgrown lot with a well-mai ritain ed residence Would enhance the Visual appeal of our community and provide a positive use for a property that has been left in disrepair. The development would riot increase the density of'the Subdivision or introduce any commercial activities; it would simply bring the property back into productive use in a manner that aligns with the existing homes in the area. I understand that the County has used blanket zoning laws to restrict building on this lot. however, given the specil ic conditions of the Wilson Property- its previous development history, the current ecological concerns related to invasive species, and the potential benefits ofredevelopirtent I believe this change should be made to allow for the construction ofa single-family residence. Robert C. Stoky 305,,522 1300-�,fl w ne 14 Rainbow DrGve ykcft5,@k().1,co.m.-eirfiaH Key Largc�, Horida 33037 In conciLlSi011, I strongly support the approval ofthe reclLICSt for a tier change to all them to build a single-family horne on the Wilson Property. This development Would enhance the character of our neighborhood, address ecological concerns, and atign Nvith the spirit of local zoning regulations, Thank yOLI for considering my perspective on this matter. I hope you will approve this request and support the continued hriprovement and harmony Ol'OUr COITUTILInity. Sincerely, Robert Stoky lI / / / - /% iiiiiaiiiiiic.. .,. ,,,,,, ...., / / � /i/ ,,,/ ✓,////„ ICI ee --� � A Request to Amend the Tier Overlay District Map on behalf of the property owners Shelley Avirett, Brian Wilson, Richard Wilson, and Donna Wilson the children of Jane and George Wilson Historical and Technical a change to TIER III because . . . . . . . . . . . / / / 1 01 0 3 n 1 1 �rnotice p g m � Property owners could not object to changes they were unaware of. The owners did not live in Monroe County. Property was zoned B-2, old regulations, Business-2 Property is zoned incorrectly I.S. Improved Subdivision To enter ROGO, with I.S. zoning, the property must be, Tier III. There is no criteria for Tier III, if you do not qualify for Tier I, then you are Tier III The agenda has been to "make" this property appear to qualify as Tier I, by making the property appear to be Environmentally important, and to be part of a "big picture". Attempts have been made to appear to be environmentally important, by calling it hardwood hammock, which is not. To make it environmentally important by illegally planting native trees, all of which were to be removed. The agenda is to make the property of little value so it may be purchased at a reduce price. The Staff Report reference: Policy 205.1 .1 "Lands designated for acquisition by public agencies for conservation and natural resource protection." This property has development and infrastructure, with all utilities available and roads on two sides. Summation. Is not environmentally important. Has not been part of a habitat for more than 100 years. Is a large enough parcel of land that should have been identified as Tier III when the maps were created. This property is where the Redevelopment should be. The property is not Tier I, therefore per your code, it is Tier III and the designation should be changed. AMENDMENT TO TIER III, BECAUSE IT HAS MULTIPLE ERRORS IN DATA lI / / / - /% iiiiiaiiiiiic.. .,. ,,,,,, ...., / / � /i/ ,,,/ ✓,////„ ICI ee .uu The HISTORY of th lI / / r r� r kl ti.. ;:,,,� 1 ll/ 1�i� ��'/f / �'�:�l����/1,., r/��l/,%r�� /j a ✓/roY,. o; / / // ;�///// .,�///%0 ,i��i 1 r,,, r �ii,✓ v�/ '�j„�///���1 i� //�r;'%�/�i�/i ,r//i ,.rr�/ //%/ Di/ ✓/ !/c 'J',;, �„ ' ,/, ir!/%%/ /�r/// ,./ V II ro-0 r / , 4 °T a i l r s 1 I Diu G r fi� r 1 I d Sub ' ect Property1920s to 1970s J Gulfstream Fishing Lodge I r r r r / l r r/ blic to oa1MiXDal"GAm�IllY/hou�MP�iE�N�P,Y9'WY. � �fl7 V�II� ... . mNI�IV NOVfrW'llhlM' WNOPo'N! !7�.��. .. "7�fi 'M" VINE '�'nWeO,^!�fW�Arl1I'NN/Jd�N�M� Res .. rts P,qrt 2 A �� Gm-Wwally kw seamen as kiwa Lm Ry The ube Guustrmm in k 92:1a but Rm k'eail -Y Hamm-,' 4wa l 'ma lk watt tha lkgym''9t,ea. 5blkl aCre S lee kqyper Kam. am, PUPAA@pd pigueappins amd.0 e pv4y r ; uveemm eak" mxmear m� lyVas by boat mi mr kem M was - to T s mg C a�fFe�ne rem ,av dskedn a ka#:CriYRFeq'tam psi 1- Low, err affyLtreak mu ft.1r frSJlermw+q°b,maams �( l imAmm °macmasl9ro of lm5e F sr r& ru�red r m y of ens Hun Thp a"a,. -r ,nszrd -Pass a�as++rd �r wae'i smpor44.oran f'mm"all 00r-r mhm wtived. l "Iuar wml than uthar k PW or 7-111111 i ter in a . kl; g.meal 3aermm+a,tl- aelkrrtr+anrsmnmm l mm6 ml ,aekl - ' a p t f 31 Yt- am , , �; the mLm iNt �wamsmi t�t� "'� 'l"le ���1 cu� m rtiu leemm�tl �Fe m lm aroma is ilk four mammt a i � kit the early fixF a reat and refrdHihment and n4mift bakildiagwhich kwxped the 1!$7 % upo miot f ro bad'Diting a p�opw mL excbmmWe ad' n ImmAl 104mme and,bar. row mtt up in ktmeelke wim m it w4ki Fedor Aalee it iNkAt1knie 5. dplyntea 't Keys La", r rvmt 5100.ror to , At. the llmeers Voj%m tear. F '.: _ &Pt C-Mt l:ax a n:aa Oir wakoh ferns r msmY tVmwg there formm a rl3a"e Yuma. o 4 rm P pamerfterm in nai'Aam to ttbeir were 9' :et 'Yeas tr'e of the 11ANAF—P mmaiM taday. .. . asm thm Property ',rut Ilene pine - For mammmay sae mr,s�,Pack JRC:iuy appl—had Y,+am g s mm-ta ow pt"Ifingympo's rev--Ltand , },yam wife, Mgtrg eaw!rame d.imd Th-C, was 5amm l -S- #`ar .�or�m: Uu m the mmmm.LLB'ak e]Y&nl ed tYle Gidf. en l�l '+a �"e eaws: y 1, r tt dlklet 11mm'.mmp.e*+ b"Owa4:y a ilk U fm;tx 5eaeee ➢roca'm ®n ' &., which kw khree - Lhe rfXi�, a ll! 'ii'l'e�l! the nerm ChF �€aw�,e:, �;.tmkaararw^�0 CB U skk:rmpo-aye, iotrmed to ;' "l--nen stiff Way °s 0a�NUC 'Lhel OM S glad nm ma Aons*y�.mel;w tms lima«]roll sm m o the mm Id., k imr_P: ""a'w are d 1k05. The a[k emem� i xam a�lasl'.ro tma awd{',ley ,. + old ww+ em C '1Sew. rA k,�'�m im'= 1311 � aim a ',r 8 tie m'rM Unm Y�meam Jack lwt #13a� 9 ;1�rscep. Cmemee Lmsml amms:euA- eam 1,34� key. Lee7a �a e't fia r L rm-a 1is I as 1. hem mWmm FT�mr saa'l_aia:li keen planned kim,` ffv)r ewa.*f�+ ll d gN,, -he atlm-. aeAmmi ly� cJ'sea.d'8.ur ff`a;�lin T. -F Wifa3 J.esarww°ee- ka� �E rr, i„r�ra +v* arlee'Arry 1vlr� &k.,ama;.l ly^wa - kws+ e--a:1 Lkerxre mm tdual and a.^aap'kee nrmva t-maa�m.etm�°al .1.rkm li�amlf to mew 'T77d- h.6 ma Ifpryp �uiRt rva WViut GULFSTREAM FISHING LODGE 1923 TO 1-970 S I / / / r Mr,. Elsmeante Sept., 6, 1968 It In my opinion that the difference in the location of the y a Box 146 Mean High Tide Line fronting the Doug, Tower property was lelamorada, ?1a. 33036 Qausad by avulsion', speoifio.ally the back wash of A"ridane September 6, 1968 Lonna. Am you doubtless know, the Doug Tower application was denied because Of a deluge Of objections, admittedly, against Doug ro1r. Walter S. fl.eamats Tower personally. The last Information shown on m tiles is 3L27 1,sonoe de Leon Blvd, that eowetime ug,t prior to October LIT, 1951, the itaers Coral Gables. Pia. for the I, 1. oard .set a E4nikhaad Line fronting this tract , om the iiean ECigh f1do ,Line, thus withdrawing the submerged land mssx fir. fientaa from sale. As we had no question at that time about the lo- oatlon of the Noun, Sigh Tide Tins, I am sure the lime they had tan reply to your letter of Sept,, 3, 19631 T submit the in mind conformed with ml sketch. following facts regarding surveys I made of the Doug Tower T as enclosing a co of the Record plat of Cult Stream property, on .g'ortln Say largo. Stores and of my application &hatch, on both of which the l first surveyed this area im 1949 whom the property sae mean Kil,gh Tide trine is shown correctly pricer to 3 urricane Donna. known as Gulf Stream Fishing Ledge. As 1 recall It was a well 'Kept Lodge with several omttage,n aos4 a pier for charter Bailey, mooney, Post Associates, Itac., who U*ught out my fishing boats, The avatar front was a lime at small bouldars. business and records in, 1965, have kladly given me &ocean to behind which was a well kept lawn. There was no swsle &s the old files. so we will be glad to furnish, further lnfor- shows up on recent aerial photos, motion, if av&iiable. Da not hesitate to ask. In 1954, the 9Nlorlda Mapping 8214 Surveying Co., made a record plat called Oulf Stream 3ho"o lP R 3-p Ely, of a treat ad,- Very truly yours, lament to mad bordering the Doug Tower propertT This property Is correctly shown oa the plat, but is marked NOT A PART mf' T913 PLAT , This tract had evidently base; previoualy conveyed :pat and bounds description and the survey data on the rawauaw, plat checks with the Zoug Tower description. This plat above .97znginear 1557 the shoreline about as l had first seen it in 1949. Gnc- Rea. Surveyor 198 iSy next visit to the property was In 1961 after H rricame Lonna of 3e3n. 1960. The .Lodge, cottager and pier had boom deetroyad. an4 the beach washed av1W. The purpose of my visit at this time was to secure data fox an applicatlou to purebase submerged land .from Us, 1. .1. 'Board fronting the tract.. 1n. this application I used the i4,ean High Tide Line as indicated by deed description and Record Plat.. in the period 1952 to 1965, 1 made a great number of applics- tkons to purchase-submerged land. In technical scatters I dealt with A. flees William@, Ghief Cadastral Surveyor for the I, I, Roard. I soon acquired the greatest respect for Mr. 4illiams' ability, integrity and sound common son so. 1t Boors becsma apparent that the location of the Mean iiigh 'fide' 1 Line was unstable and conflicting In many InEtascos in surveys several years apart. So it became an accepted policy to use the location of the Veen Eli.gh Tide Line as indicated on the earliest dead deaorip- tion or Record Plat for the purpose of maklnat applloation to purchase, disregarding subsequent erosion or acoretion. YVN Zii /%//% "rho Honorable Earl Fairc':loth yyAttorney General state Of Florida T as Capital Tallahaaaaseea 'Fltwrialra 12304 a t 9,Waa,:am talking to 'Lanny llaym au ^twat our property wt 'y ^ Largo, tiara er'lya knowa &a oullatream Lodge. Am you know, � f bave Four childron and wm are viary anxious tc, do S r-, th.irug IVith this Pie" Of r,')rqPartV for all of caur children love hoth the water and fishing. L knoma that it has laa ea, iva yr rl;lft,icualt latolyr tta appoaar h fora the Trustees of ithea Internal lasa3arcvemaaat Pund, but ;L ,w,uTwl like very much to %nnv w'haat pracedure to use to J got an appointment to Appear and presont may caved whI h jq different from the o)mo which w,aaam propcaa 4 Febr'aaaargr 0, 0 The leg,al demoript;ion cif this pru", tya anar On vi ioh l .pay t aa.n,m.accaa,Ldingl,yr, has the property Batt n6ad nut paaot the high water Ling laaat much at this land wmelag ,washed away, by 1 ram can see earn the ap onclov w yimain��tbject-�.�e baaic ll,y is to s ara ghteaa the salsa Banc ,Yhero the ramai lianas ,iR dramm mnd to laul.lr'heaa it ac, thaa;t, I will, nov have mc>re or t'hig land wwaas:larad am ay. I Would appreciat a very' aawwach ywaur tl-.jougl.stsa on this and your awlw icaa as- to "41't Procedure to follaw in gettingyaaaraua.�� rah to .Ul in the araa 'i-noida of the r,ed IJAa .Paste and 'L send our wary iaaaa,t wishes tea yaaaa and Wilma. inner ly Chairman rca C the 31c:"aas.rt" a� WI LSO LETTE R TO ATTORN EY G EN ERAL 1969 I r / / / Irmo C RD UX i.I rrarr �., PROPERTY RECORD r �f "a7 B3,LmSN �...... 1 FL �ue� .wwE s��e �, w�ulnamrwr�t rxw r � k.�AJ xV W TI✓JMg7 T TWUG dellsd" �i4� N �4L' p vital ,,,,,m—.. ..... empsa rrmtrmwnr�s Liptak+ P'GRyd6,i�s,w'�'&r"`�344 �R.9,2-34,,,k-34I ®, f,g o„ ,�,,:.� ��.,� ... _. 4A ,®, �,u ry j L�� wl 412 / ". +ems . ...f. ^ ; MR OIL GdYtl'C ell/ arm t amemw...�wk... r ' Ik tipn'dmY ' .w 5'cma.. �r wX ma moo// . ��(/���'�� �rf ll7 / r �' „�„J� w� r✓�,�:. „�"' p��r��» m �,�.mr,a�d �J ,�m lyF % mrf, y a"N8u " r� Ii Lw ti it m yll r PROPERTY APPRAISERS RECORD CARD 1976 I / / / l / / tIIIV YINIYI�I� / ii�///%% r er the Direction of the Nature ..... .. .. J Florida Keys .. ..... ..._ APPLICATION FOR SAALDING,PERIWITOno - W99 GROW k4tJiPC,Y GEMEgr LmrOSION ---------- .............M,.__......._.w.----------..w,... ___.-_.._......�.,.,...�..�., Nate,ALL.dS'IirUP@ErbSUILD8RS MUST'AfPPLYM PERSON...FS,409,103JIF. Roc'd'by:�„- . adm. OWNER'S A FIC.IAVff:I cerf#fm that all the foregoing Information Is accurate and that all won<well be . done in con apliianceuth a appllbable laws regulating construction and,zoning, ll it _..... Owner N rme a J ice. InaCdlton 1Fere uareneats�fthis permit,w t them inya addilana l rr ttckCora app Ieable Maln Address: C4,^Prr r U to this gmrrpaityr that may be fourW in the:Public records of this county,gnd tivera ttNny na Et detea�nal Phone# E-mall m.m porroits required from other' cawsertnenfa9 enTrNies,such as water rnanagermrenl rt"asfmcfs, staba. PlropertyDpscraplarn Key IJ rfr day Oa hu$ �r 8#�c� °� �� Fk��: �� � �u 7,,0 ag4�nCtsdafeCteammGapenCras„ a r -Subdivision Fcnat.Address:.m, m°yLd r WARNING 7'Q O'tlWd'NERd YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY ik t r In;w a �r .,w RESULT IN YOUR PAYING TWICE FOP TO YOUR FROI�LI�TY, IF YOU Pmposod57gba dfwmrk. q a,aCrr-r. N r'xJ'r1 ,6x`Y N earl #�t'P ikL71 ',ORTAlh1 FINANCING,CO#GULTWIT'Ffi YOUR 1. NDERdGM1R ladATTC3IINEY'BEFORE ..... ........ ... ...,., — RECORDING FOUR NOTICE OF OOIJ9PJ5NCEMENT", FAILURE TO POST THE NOTICE'OF Square Foot laar ,Itaappl6cablel .. ._.._.._. .....��.E�tlnaat�aP'n�aYOa�rlOnBt ') � -1�7L.7 Ca�fW#fy#ENCENENT'AT THE JOB.GIT'C WILL RESULT IN THE IMABCLrrYr'OF OUR INSPECTORS Cmanr�4h^�ac6F-dabft,.11b.roan.-d lrY Appel muvE-,K-sp..].KrGoc�2r�mtanp dl"'Cr��r'.r'n J, ,.d1 L-''6° TO OFFER AN V�IF°I�ROVED I hlii�I'�)m'.CTIONi- w _ C:hL+c,'k syplacsb6.box for'Amflnry Pe—ieNEW....,..._,.....Rr-ROOF...... .,,Rr-DVER FLOOD ZIDNE 'i Upon completion of the,project for which I have rnade application fior a Building)Permit I d➢"ust pay the rfdress W # f �m , PTo-abut residential solid wade. sseeSment,or sltuwv paruuf of p rnanercdel gnr7Ce with franchised C,�iK7ng721a'G7c.ra , I t""r!'r v�. I P'+ ✓ ` I err Phony A r�uaap t. F#I raviaial7s nn to a d ertdFiea of Or:rlrparit Iraing Issued, commercial colCeclor prior Scm4evra4+a+e.Esarrr; �a,�� #.Iaere�hi e�`ati that#have meerrf,amnd examined 31tIs apprlaczrtaeun and krbe'uu-t1aaf same to be true and I aatna� EIraCICICs P of laws and Grdlnan7c-4 governing t[has type of vrprtu will be co mrpladd with whathea 6p4 cified traroin or naL The granting of a permit doogs nbt presume to give author4, to violate ,,.. .,,........,...,,....,,.d.�. .......,..,_..,.....�...,..o.....,.,.,.,.,.W..�,..m....... hAmdhmnl ,, „plomr7kYln caraauarr�errlartcd maw cana�tl the provisions of AnyBacal,state or 6eutamal lawn ar�gula#amrg ccstasTnuetiwaaa or the pcarNbrrraana of constr4uctlaxn. ..,.. .. :.: Owner�prn't}_ ®_�.......... OLaIIheBIPail.r .. tdarsv Win ' -'�zatwe Sn Da I�'C .,...�.... FLOOD REVIEW - m•• .,.�.. .�__. _.. ,..._ _...- _.._ NOTARY as to Owrier I"1CaTARY as a uall4ier' efore me this Sworn to personally sultbc,tllaedta�ahras Produced is ... pare iGraae-2 heish�'s k _. . ..,.... .. _..._ _ _ _ _.. this day known for nns. tmaloshe as dayoaf, boi L has Pr Idtice aurLcarara _._ _ _ SPIN d iCiECYS§Im"F.L. a5 rd^nkF�CPEtdtlff�... �-j as,'rCIe51tYIWGC.21t80n arc-naECH a rcaL _ µ and who curl(did not)talfo an oath. and who did(did moot}) a e ain oath, .. .. m.. ..............,,, my Corrrrnl»<TAonE Tres, .. m�Ay..Carnmo5ionExpiruas L.U.Dist—B � 4 m FWb Wa 11A rtnAar� a A�&"FtrE Ca�cml'F..,..'......... .__ C I Page Fraxm �r w Is n� PEW=FEe� ..,,......�m,., ,.�_.m�.... rmr�aom �._._.., room aerrwl olve'n � Flry d ZoneDesignatlun arras e mmcrw ra u Base Flood EIevufion �P�CriAMF�f`�Fk IrCC AP!�IiP� A'`'11Nfr C'xFAA$70&.4. ...,.,�,�„m,m. .w,�.,,-�-.,.,..d�,a... cr ....m OVER Panel N'o __ �Oatta--, PERMIT 10303553 REMOVAL OF INVASIVES / EXOTICS I wetI f '1,11a11 thCsc 1111CALA t'OPMS II fl (¢LI men sae m;oadit roes M)Iswrvm-,d W gm0.12d hnvc nol:bo_un zulh::afed 1,11.ally way.. j I'4InQa-LNG+by Crun.ck on I ftp 1.i'1911 J L,^8"S'4 ""y ,��4� ,1V rah^ lG,�Nf"✓ a 'f[IC OF111f 1Ich,ill numigao-r'cs Y tjls`h kir r<gt hin,_g in1u nwOlimnd area 1 »,n t e a ire, ''� r• m �,. ,: yw ®m1 IVfirywma w r�ulia'r Ill wfbn°c.GL h�71r�l1¢I NY'.�w.aw�a tie o3m�sidraa icaL m M�'oml.ii7�'I Div 'x� or zc i i �t(rritw wv�kjj I`[ann L9400 it Mmn' Village BRUCE FRANCK D E P 10/15/2010 Certification of Clearing „;, / .� °;��'✓�; 1,�� ,pr I i � i�� uuuumm uuuum r o.. 9,� �..., uilY i.,. � y���y, p���tv�i a °i; iu...� d�i� ���� �✓r i ,�� 1/ ' i j'A��Ji1 ra � ��� ir�r� ', (,� i; l�x� i i T �, "�rlr/✓ C or ✓ r r ° 'i„�xf� ri/°r7�iD>)�1 � �j`;�.,lN,¢ ,, i�iG,,.��� ,.. �n al ';`� �;(�✓ ,� / N 1�V ✓'✓°7/; $�” '��✓iJl���h �11� °,F ���� ✓;: �� � ,°:Il�i �y �Yl� ;i�w� �r fN r�/ r����u✓� �� �" ,r if ',/���,,ors,," i"„ "" �•,. ;° ,;p yl J✓ ii,i, � � o, ,;„ �, � hi �. hdVi� a � rr .1..rG// � ,1 � I,r IV'�?✓ i ✓l ��% � /A � / / e17� � lI u r�l 91 �<r✓ �� ��� �;✓/ 6 �/ f✓ y y�l , o�, '� � ✓, ✓ � ,H��� dl6'✓/�'��/. ,l; sl�%r/�" / / � 1 ✓ r✓, f l�iiy /'-> / Ir<%,� ,,,r ,: ! tvf d ,r,d vy � Yy 5 i/c >> s ,r ��J'. �rf ✓//� /7;%r,,,, ;.,,; ,' y rr�r�/ :,,`'?'J )�„;,. /✓��°�,�✓9fi✓ ,,;,. r ,,,.:�� 'J��✓ ,: s�l,..e. 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Wp7Re 1 do not h-x,Pe the I re*� NiPlar Prua�t." ht,rrp.�wa, Ane exlu,Fe sedgy iin tawterest in huuadhng out what the c wlyeli>d I an,d Ipj"r++ekd jpP eint ttegulw~wtutlrxliS Brrr i that we cav,, w:ry iTif 0ir rnp.a«*Pwu ur the r,.rYgrs wnd atwriirrv"ltl pprol,rrt", rp'thk'r 1w1w 0v lil°w oiMrd rhea,ri;deix'mvl° (4,111 r l d IwY4y'�Itlr N"foal vllll flie Y,IIPt tc:ii 0'r Ytaa9ryiY9ra,de d Wlikltl4n r'M tkin—C IY ,'E, Pllwa e,let,nie V..now now Vw:a"w9 vw+pi0,d k6,,rii pro,,"tiuut edy I',nw oot nii lhw, i thi,,wuI,,,,ek,wjtl ¢rare tryV1ilpR'10 stay rYr�ro7mN tr;d nrww a eo`naik 4ndi ciii Y ¢:nv ;. &h nk y�aux, ar prw,cr"tPoneand vomunderrhalra"rfng,. Y a. nr,sruru vxe wain take care of th,r pamty's vM»*drp,raMth nct prtwpt't1,tto L"uo„wY r uir�w,%^�r"„aRp ul�R�ru IN,rG'ID Nr,Irraro s?wo• 0°flia. �r,wuxwo'uP d iuua.2r r°�re6�up y k t„�ru�t p 6w.�.,yrlr IF uu ritid wa^�uwr " w4r;a:�.p a w�a", /aw°ak t„, P,9udun i�wTaua inaa�:NI r ry wlxwru0 ALISON HIGGINS ADMITTING WRONGLY ASSUMING PERMISSION I / / / / r r / o ee �.D E-RVIOLATIONS DURING CLEARING CON ERVA-NCY PERMIT M,,;".. t Florida Department of Environmental Protection ppy�y p� 217"3"hu 7s a lr c ine T,and 6x Nauw ra4dn r(2N th@oa @n O dWrw glm,m.suIm ; I r m—,T i rn ,. l"W 2 u4,�N. - Nkwv°elNa+�m IV I.s7f�arrl i'wt�.a vvrnk,wmn.2'2,e",tHi.ft " system or,wetland Molls during the mruleh retmovat.The;retinamwral.shall be performed using band wolss. Z. Within°lit days of completing,the mn:lch remdval,provide photk- cloctonentatlofi to the Depardment verrifying tttrak raaalch has been rernoved from j ague F and L Lorjpr M'4Wilwrre wetlands, Tru,A(m.a Trust Ehif+edV5/1'1 6867 Granaath&Blvd If,you have questions as to which areas are wretlamds pfeamse Contact the Ctmx•wl Cables F1,33146 Department. c; Monroe(rnlnNw ERP Meow receive @his as a wwarnluuf;for suawlatar err nature, t#fumrtha"r aarara- 1'W&VninNr 1 etter a^aarxr pfr§ancc mw fa'rumaal at Bhcs,:mile cs•tun run ptaain pattern Of nrarn•cw MT4iaaure at tlrl,a< ute n% it)North Q'ea n,Dnve,Key,f mrgo dcss•urr6ttnkcd,apfwrevprraafv`n1nr(%,m ont action°uwvll be taken agalsmart the resperarsll)k PAY ..Id l;,venaltmes vaell he addressa d. ltcwrxr Mr..and Mrs,4"ih;on,, krelrai axttcasmd that trymCslatm,ang ayt�dr is part of x. msaarymrr4h agency FtirtrvsN�ayatiums,I'll . rs c,rd ante vrmtiu The fluurp(ww,of t'laas lattvr is lct advise,you of possible.00afions of,lawn for w itid,yaumr P y Y ll" o°aray 1»e:rrna}msanrrlbin.,mrrml fra-srcrk ycswr cx,aa cratar,aa 7tt ra�sa7-lvaaa, Clroe cmr. �c frs:car.aar 12t3;571:i�)j,,l. 1-'ease m�wraatac�t Adnanna Sanr,laaa Ge,mez via telephone,at(305) mamatr The Depa,fmlcmt hss u,formm"Goar that indicates that a vWalirrn ut f7mn•lrla Mtmdufa a r,nrd Rules 7d9-2d-10 or by eguad at rs dij l p° ¢mn+.l'?e a6 main, �t' rL;,aC ,kl uuty,lI ycraa have any a`Yady exist at 30 NOrth Gfr.ean.Drive,(30 0CI•t)Cltklitlt7,Knr Largo,fn.lwfrwnraae County qyrw!stlams rsrn�erniavgl Rhin,mattea`, hiasnlnia.,� nceurly,. A umiplwmrmt was rwviverl oca ttug f ds 2010 ToVarriing imparts,to vwedands a nwGd deforestation During a site vr5ol moo Ch-tobuer y5y�tl I C9,l)e,paartmonk(af i ol+ala°tupm nentawl churn(Departnmeatt)personnel oboerwed a lwge t n„ale land clearing of ntar)-n�ata�we ,as AiuN hind xat�c lent,va etat�ua'r. 'list w 9eanxu raMnaalte i mm mimrmr ian aamfri tna w= l rvdrermomnentallvletamis,Cxatsrr rMr k El i 5,11at6tl ..> ,Td— arum h d dearest ve ,•cation frorra the ideas Wmry"al of rnumlwh in herfr�aeeowi small rrr Ymt the e 1(d a Lnlc nrr�nrmtalr 1a uu namrayrow a tl sr0 „arsla:,..�._ os gaaa ,.,,x .xi::M,CK7li M'laaunie'db,.1 4-i t t P..a kr,,frz ,aa nri,SN.'F�,"LC1. The D partnuer°al l ou]d like to Advise your that,ths,a amltlran conslmtntes a wmotamtion.lard^ t',`.hapfers:tom an'aci 4tl i,t:fmryo•lrJc Sf,adu,tes(f.5),and Chaptmrs 67-M2 and 62-2-43,nonda tiwwtmd7,lr.gi3frattve C:om-le,uara,d wrruk.6'd umrr�,rurona9lgr huw raR*�mBlv6'vLi.Rh:r<ru�,h m dia;rYvm.ni merh,rrc u�aenf acumen, SuchenfaromwcfntactltlnmuOUld include mtvflpunaftius,Npartmentcc*t^sarud miligaiiranr,as required tr:r offyd the adverse impacts. At this time,however,t'h,e, Department is not pursuing formal emfmrcemreeot for the above-described violation provided time following actiuvns are cornpleteds L Within ftl days of receipt of this letter,all mulch nuterial shall,be'removed frummr mwetlamds.Special earn-sbaU be'takem not to atisranpt the deflccate mangrove toot lI / / / - /% iiiiiaiiiiiic.. .,. ,,,,,, ...., / / � /i/ ,,,/ ✓,////„ ICI .uu I / / r/ IE' hning&airnp;Envirmiriumd R aaworrrt(Puib&IMAP App) l� V) ....�e. i �+ lV V V�VV tl�I d �a Y ,•,! I ,4j r k eld f �4Y'MWIIIIII' ' x II tlho tl' i m,. I � °r7m �dre 0 M � 1 { U o y r r rr ll�✓/r l��i / �r �/i!� 0� � r 11 /I 7 I Pcrril�?(u( � Yi,l+,�dlll�,�rkrtl ��%,ner'I„��r��E°V^I,me v.', ,e.C r�'f��l��f����J`✓r; �;w�,�fi/G„/r,M»f,Ytl .,r,1, � r i,�, , i ,rY>npi 9'��)�1��1)""i�P�i�/�s�'iYiYiYU1Y'�ily '��m,,,) �➢it�� „w& Yay.' � � r avrq;�r�rpgl�m�mr,�m�1�N� 1% I uuuuuuiu�u y'muh I�' I I Y°�i fi u�I�����rYil i " Nrt�!Nwv'rtt' to i r l lI / / / - /% iiiiiaiiiiiic.. .,. ,,,,,, ...., / / � /i/ ,,,/ ✓,////„ ICI TIER DESIGNATION OF WHOLE AREA 2A[ , 4:52. ming Crukrmi a rital Rttauar -IPuYbk iMap Apoit�han �. CNIXV IR3 217K, x d. ® Slncm iinvairlill111rv"aakilll onH GI sm.B�r�F �l f Q dr r Ni r imcim<u:wunq fPhO III Sur,P,ri FlmiiA a'Aikrrmll,0, mnnumnl I l Hill i R P,CnVairmarmi ierflA Rwwrot(PutAki M q� .......�..- ii,�„a,ry i. ,M/ ��m. JJ rr'aemr......riiircars.... mimii�muiio�iwwiwrurxnvrmmrv�mm;rmrvmnnnariwaa,»,vrouiimrn»�rrrrrrrvrurvrvvr s,rurin ,:/ mG,.1/ r r "�r rvry�Irr�lni v.�Illl»r,��r r� !!�rriu ✓//,��//L„''��;'�Y7�X!/lr�Ir%�7YIr ...... ........� .. I r r d r r� im TIER I ZOOM IN ON PROPERTY 4d14L020 PWas-rnmg &.aimp; EnvironimpntaW Resources (Public Mal)A1aP) � . r : pri, � ✓; � -.,v, y /',rig,, , j j' i Ir i r% PROPERTY TO BE C';` HANGED TO TIER I / l � / „ rii /, ,,,,,,, Residential Density //�%/ trill/ ,.. IIVYWNrPr���ii %//%/ii%/�/// �• r a Improved Subdivision (IS) 1/lot, or 0 0.20 1/pre-1986 parcel (9) (g) Within the IS zoning district, the allocated density shall be 1 dwelling unit per parcel for parcels that meet all of the following conditions: 1) The parcel boundaries must have been established in their current configuration prior to September 15,1986, except for de minimis changes (no more than 10% of the parcel's area) to the parcel boundaries made after September 15, 1986, but prior to August 12, 1992, which did not create another buildable parcel. 2) The applicant must provide sufficient evidence that the parcel boundaries were established before September 15, 1986 (such as one or more of the following: boundary survey, deed, etc.); 3) The parcel may not be identified for any other use or purpose on a plat (e.g., "park," "common area," etc.); 4) The subject parcel may not be a fractional portion of a platted lot; 5) The subject parcel must have a minimum of 2,000 sf of upland that is not reserved as an access easement or designated purpose other than residential use; 6) The parcel must have a Tier designation of Tier III; 7) The subject parcel must include all infrastructure (potable water, adequate wastewater treatment and disposal wastewater meeting adopted LOS, etc., except paved roads); and 8) The subject parcel must comply with Policy 301.2.5 of the Comprehensive Plan regarding legal access. 'he REASON for the Correction / Change of TIER DESIGNATION to TIER III I ENT REGULATIONS 130-130. - Tier Overlay District. (a) Purpose. The purpose of the tier overlay district is ........ to assign ROGO and NROGO points, determine the amount of clearing of upland native vegetation that may be permitted, and prioritize lands for public acquisition. (b) Tier boundaries. Tier boundaries shall follow property lines wherever possible, except where a parcel line or distinct geographical feature, such as a canal or roadway, may be more appropriate. (c) Tier boundary criteria, excluding Big Pine Key and No Name Key. The tier boundaries are designated using aerial photography, data from the Florida Keys Carrying Capacity Study, the endangered species maps, property and permitting information and field evaluation. The following criteria, at a minimum, are used to evaluate upland habitats and designate boundaries between different tier overlays: (1) Tier I boundaries shall be delineated to include one or more of the following criteria and shall be designated tier I: a. Vacant lands which can be restored to connect upland native habitat patches and reduce further fragmentation of upland native habitat. b. Lands required to provide an undeveloped buffer, up to 500 feet in depth, if indicated as appropriate by special species studies, between natural areas and development to reduce secondary Impacts. Canals or roadways, depending on width, may form a boundary that removes the need for the buffer or reduces its depth. c. Lands designated for acquisition by public agencies for conservation and natural resource protection. d. Known locations of threatened and endangered species, as defined in socdon `I 0'1--1, identified on the threatened and endangered plant and animal maps or the Florida Keys Carrying Capacity Study maps, or identified in on-site surveys. e. Conservation, native area, sparsely settled, and offshore island land use districts. f. Areas with minimal existing development and infrastructure. (e) Tier overlay district map amendments. The tier overlay district map may be amended to reflect existing conditions in an area if warranted because of drafting or data errors or regrowth of hammock. ........... JUSTIFICATION for CHANGE in DESIGNATION to LAND DEVELOPMENT REGULATIONS SEC 11-1. DEFINITIONS Development means the making of any material change in the appearance of any land including but not limited to landclearing and/or the clearing of land as an adjunct of construction, the making of any material change in the use of any land, construction, the carrying out of any building activity, the making of any material change in the appearance of any structure, the making of any material change in the use of any structure, the carrying out of any mining operation, or the subdividing of land into two or more parcels. (1) Except as provided in subsection (3) of this definition, for the purposes of this chapter, the following shall be taken to involve "development": a. Landclearing. h. Demolition of a structure; (2) "Development," includes all other development customarily associated with it unless otherwise specified. When appropriate to the context, "development" refers to the act of developing or to the result of development. Reference to any specific act, activity, land use, or operation is not intended to mean that the act, activity, land use, or operation, when part of another act, activity, land use, or operation, is not "development." Particular reference to one or more type(s) or number(s) of land use, act(ss), activity(ies), or operation is not intended to limit the generality of this definition. PROPERTY IS DEVELOPED by DEFINITION CURRENT STATUS : DEVELOPED NOT IN USE lI / / / - /% iiiiiaiiiiiic.. .,. ,,,,,, ...., / / /i/ ,,,/ ✓,////„ ICI ee 10, 2023Existin Conditions Re ortDecembe Michael McCoy, New Leaf Environmental, LLC. Page 3 of 16 Historic Aerial and Documents Analysis "In order to help identify the history of the site given its current composition as a young system primarily dominated by invasive species, NLE reviewed a series of aerial photos of the property, dating back to 1959. Based on this photo, the entire site was previously developed. Dense native vegetation around the perimeter, including a hedgerow on the south side, indicates that these areas may have been planted." The Subject Property Is Not Part Of A Hammock, Has Not Been , Inspite Of Unlawful Planting , Is Not Going To Be , Due To Legal Clearing By The Owners As Necessary I l . ................ County of Monroe Planning Rc Environmental Resources Department .-f7✓ �u Board of County Commissioners: Maratlton Covernmem Cemer Mayor David Rice District4 2798 Overseas Highway,Suite 400 I c T Mayor Pro Tern Craig Cates, District I Marathon,FL 33050 r.)t �p A Michelle Coldiron,Disttia2 Voice: (305)289-2500 James Schell,District FAX: (305)289-2536 +-'yyM Ilolly Merrill R—hein,Dishict 5 We strive to he caring,professit-4 mad fair September 9,2022 David deHaas Grosseck Via email to de aas eslgn a)gmal.com deHaas Consulting and Design 88975 Overseas Highway Tavernier,FL 33070 Letter of Understanding(File#2022-124) Vacant Land,Key Largo,Florida Parcel Identification Number:00083200-000000 Mr.deHass Grosseck: Pursuant to Section 110-3 of the Monroe County Land Development Code(LDC),also referred to as "The Code",this document shall constitute a Letter of Understanding(LOU)following your request for a Pre-Application Conference with Planning and Environmental Resources staff.The purpose of the Pre-Application Conference is to acquaint the participants with the requirements of the Land Development Code,applicable Comprehensive Plan politics and the views and concerns of the County.The substance of the Pre-Application Conference held on August 3,2022,is recorded in this LOU,which sets forth the subjects discussed at the conference and the County's position in regard to the subject matters discussed. In attendance at the pre-application conference were: ❑David deHaas Grosseck,Agent for Applicant ❑Donna Wilson,Applicant ❑Devin Tolpin,Principal Planner,Monroe County ❑Michael Roberts,Assistant Director/Environmental Resources,Monroe County ❑Aaron Schwartz,Senior Environmental Planner,Monroe County Materials presented.for review included.• J Written description of proposal 1 Boundary survey prepared by David S.Massey of Massey-Richards Surveying and Mapping, LLC with the latest survey date of 5/26/22 ❑Tier map of subject property with surrounding area mapped as Tier I Page 1 of 11 17o DOCUMENTS SUBMITTED WHYARE THEY NOT ACKNOWLEDGED FILE #: 2022-124 I / l 3. The property is located within the Improved Subdivision (IS) Land Use (Zoning) District and is designated as Residential Medium (RM) on the Future Land Use Map (FLUM) of the Comprehensive Plan. The property is designated as Tier I on the Tier Overlay Map and is primarily classified as exotic with mangrove habitat located adjacent to the shoreline on the 2009 Habitat Map. The aerial photograph below shows the boundaries of the property and the Land Use Districts of the property and the immediate area. MANGROVES AREA SHOULD BE CLASSIFIED AS MANGROVE FRINGE, at Shoreline 4. According to the property record card, the subject property consists of 3.05 acres of Hardwood hammock. Made part of the Letter of Understanding, knowing Hardwood Hammock was incorrect. PER DIRECTION OF THE PLANNING DEPARTMENT FOR THE PAST 30 YEARS; "NEVER USE THE PROPERTY APPRAISERS RECORD CARD FOR ENVIRONMENTAL CLASSIFICATION REFERENCE" �,U M lw IER E'SIGNA TION SHOULD BE AMEAfQEQ 'TO TIER 111, DUE TO, DATA ERRS- DWELLINGS AND SWIMMING MIII G POOL CLEARING IIS DEVELOPMENT►II MIEN PER CODE. PRQPIERTY 11S DEVEL0PED WITH II ORE THAN 2 A0RES OF LIIII `LN AND IIIS NOT ENVIRONMENTALLY ENTALLY SENIITIVE. PROPERTYHAS BEEN CLEARED, AND, NOW HAS EXTENSIVE INVASIVES PROPERTY 11S NIOT PARS" OF A HAMMOCK, CLEARED I . MINIMUM 60 YER S PREDATES CURRENT AND PAST LAND, DEVELOPMENT REGULATIONS "THEREASON A TIIIE DESIGNATION IIIS NECESSARY IS BECAUSE. THIS PROPEIRTY HAS A LAND, USE. DISTRICT OF I.S. ALTHOUGH THE PROPERTY IIIS INOT PART OF. THE CHANGE TO A TIER 111 DESIGNATION ALLOWS FOR A SINGLE FAMILY I W LLIfNG AND (RESTORES THE (RIGHTS