Item S3 S3
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
October 16, 2024
Agenda Item Number: S3
2023-3070
BULK ITEM: No DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Michael Roberts
AGENDA ITEM WORDING:
A Public Hearing to Consider a Request for Approval of an Ordinance Amending the Monroe County
Tier Overlay District Map From Tier I To Tier III, for a Portion of the Property Located at 18 Kay
Drive, Key Largo, Mile Marker 101, More Particularly Described As A Strip Of Land 125 Feet Wide
Lying In Section 21, Township 61, Range 39 East, Key Largo, Monroe County, Florida, Being Part Of
Tract 7, and Part Of Tract 8, Largo Sound-Tarpon Basin Properties, Plat Book 4, Page 130, Currently
Having Property Identification No. 00086580-000000, As Applied for by Rafael Bezanilla; Providing
For Severability; Providing For Repeal Of Conflicting Provisions; Providing For Transmittal To The
State Land Planning Agency And The Secretary Of State; Providing For Amendment To The Tier
Overlay District Map; Providing For An Effective Date.
ITEM BACKGROUND:
Agent Mercedes Lozada, on behalf of Rafael Bezanilla, property owner, has requested to amend the
Tier Overlay District designation from Tier I to Tier III, for a portion of 18 Kay Drive, Key Largo,
Being Part Of Tract 7, And Part Of Tract 8, Largo Sound-Tarpon Basin Properties, Plat Book 4, Page
130, Currently Having Property Identification No. 00086580-000000.
At a public hearing on December 13, 2023, the BOCC denied the subject application. Following the
denial, the owner filed a Complaint against Monroe County for declaratory and injunctive relief. The
owner alleged that the Board's decision was not based on valid reasons or competent evidence, and that
the decision was therefore arbitrary, unfair, and unconstitutional. The Monroe County Attorney's Office
has recommended that the Board rehear the subject application, and grant the subject application
consistent with professional staffs recommendation.
5783
Site Information
Address: 18 Kay Drive, Key Largo
Legal Description: Section 21 Township 61 Range 39 East, Island Of Key Largo Plat Book 4
Pagel30 Island of Key Largo Part Of Tract 7 and Part of Tract 8, Key Largo (See Exhibit I, attached)
Current Property ID No.: 00086580-000000
Applicant/Agent: Mercedes Lozada
Owner: Rafael Bezanilla
Size of Site: 3.76 acres (MCPA Data)
Land Use District: RV/SR(application applies only to RV LUD)
FLUM Designation: MC/RL (application applies only to MC FLUM)
Tier Designation: I
Flood Zone: AE-9
Existing Use: Vacant
Existing Vegetation / Habitat: Scarified, cleared land and invasive exotic vegetation (Australian
pines)
Community Character of Immediate Vicinity: The subject property consists primarily of an
improved (paved) ingress/egress easement. The eastern portions of the easement contain hammock,
however the area proposed for the Tier Designation does not contain hammock and is mapped as
containing disturbed and disturbed with exotics habitat since 1985. The adjacent parcels (north and
south of the subject parcel) consist of developed RV (Calusa Campground) and Mobile Home (Key
Largo Trailer Village)parks.
The Tier Designation of I is not consistent with the criteria of Comprehensive Plan Policy 205.1.1.
It appears that this area was designated in error.
See full analysis in attached Professional Staff Report.
PREVIOUS RELEVANT BOCC ACTION:
The Monroe County Board of County Commissioners adopted BOCC Ordinance Nos. 08-2006, 09-
2006, 10-2006, 11-2006 and 13-2006 in March of 2006, establishing the Tier system maps.
At a public hearing on December 13, 2023, the BOCC denied the application.
5784
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: The Monroe County Attorney's Office has recommended that the
Board rehear the subject application, and grant the application consistent with professional staffs
recommendation. Monroe County Planning & Environmental Resources professional staff recommend
approval.
DOCUMENTATION:
Exhibit I to Ordinance
2023-135—BOCC—revised SR.pdf
2023-135—Tier—Ordinance—revised.pdf
FINANCIAL IMPACT:
N/A
5785
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MEMORANDUM
MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring,professional and fair
To: The Monroe County Board of County Commissioners
Through: Emily Schemper, A.LC.P.,i 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: September 23, 2024
Subject: A Request for Approval of an Ordinance Amending the Monroe County Tier
Overlay District Map From Tier I To Tier III, For A Portion Of The Property
Located At 18 Kay Drive, Key Largo, Mile Marker 101, Described As A Strip Of
Land 125 Feet Wide Lying In Section 21, Township 61,Range 39 East,Key Largo,
Monroe County, Florida, Being Part Of Tract 7,And Part Of Tract 8, Largo Sound-
Tarpon Basin Properties, Plat Book 4, Page 130, Currently Having Parcel ID
00086580-000000, As Requested By Rafael Bezanilla;Providing For Severability;
Providing For Repeal Of Conflicting Provisions;Providing For Transmittal To The
State Land Planning Agency And The Secretary Of State; Providing For
Amendment To The Tier Overlay District Map; Providing For An Effective Dates
Meeting: October 16, 2024
1
2 I REQUEST
3 Agent Mercedes Lozada, on behalf of Rafael Bezanilla,property owner, is requesting to amend
4 the Tier Overlay District designation from Tier I to Tier III, for a portion of 18 Kay Drive, Key
5 Largo, currently having Parcel ID Number 00086580-000000. The complete legal description
6 of the proposed amendment is attached as Exhibit 1.
7
8 At a public hearing on December 13, 2023, the Monroe County BOCC denied the
9 application. Following that denial, the owner filed a Complaint against the BOCC for
10 declaratory and injunctive relief. The owner alleged that the BOCC's decision was not based
11 on valid reasons or competent evidence, and that the decision was therefore arbitrary, unfair,
12 and unconstitutional. The Monroe County Attorney's Office has recommended that the BOCC
'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.).
3 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 Monroe County Planning&Environmental Resources Department File No.2023-135.
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5787
I rehear the application, and grant the application consistent with professional staff's
2 recommendation.
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5 Subject Parcel(outlined in red)(2023)
6
7 II BACKGROUND INFORMATION & RELEVANT PRIOR COUNTY ACTIONS
8
9 Site Information
10 Address: 18 Kay Drive, Key Largo
11 Legal Description: Section 21 Township 61 Range 39 East, Island Of Key Largo Plat
12 Book 4 Pagel30 Island of Key Largo Part Of Tract 7 and Part of
13 Tract 8, Key Largo (See Exhibit I, attached)
14 Parcel ID Number: 00086580-000000
15 Applicant/Agent: Mercedes Lozada
16 Owner: Rafael Bezanilla
17 Size of Site: 3.76 acres (MCPA Data)
18 Land Use District: RV/SR (application applies only to RV LUD)
19 FLUM Designation: MC/RL (application applies only to MC FLUM)
20 Tier Designation: I
21 Flood Zone: AE-9
22 Existing Use: Vacant
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5788
I Existing Vegetation/Habitat: Scarified, cleared land and invasive exotic vegetation
2 (Australian pines)
3
4 Community Character of Immediate Vicinity: The subject parcel consists primarily of an
5 improved (paved) ingress/egress easement. The eastern portions of the easement contain
6 hammock, however the area proposed for the Tier Designation does not contain hammock and
7 is mapped as containing disturbed and disturbed with exotics habitat since 1985. The adjacent
8 parcels (north and south of the subject parcel) consist of developed RV (Calusa Campground)
9 and Mobile Home (Key Largo Trailer Village)parks.
10
11 Previous County Action
12
13 The Monroe County BOCC adopted BOCC Ordinance Nos. 08-2006, 09-2006, 10-2006, 11-
14 2006, and 13-2006 in March of 2006.
15
16 The Monroe County BOCC originally heard this request on December 13, 2023 and denied
17 the request.
18
19 Community Meeting
20 A Community Meeting was held virtually on Thursday August 24, 2023. Community
21 comments were generally opposed to the amendment due to potential for future development,
22 with questions regarding connectivity with conservation lands to the west also being raised.
23
24 Development Review Committee ("DRC") Review
25 The request was reviewed by the Development Review Committee("DRC")on September 26,
26 2023. Public comment included objection to the proposed amendment based on stated
27 inconsistencies with the following review criteria of Monroe County Land Development Code
28 ("LDC') 130-130(c)(1):
29 a. Vacant lands which can be restored to connect upland native habitat patches and reduce
30 further fragmentation of upland native habitat.
31
32 Public Comment. The Subject Parcel is vacant land which can be restored to connect to
33 the tropical hardwood hammock, and reduce the further fragmentation of the upland
34 native habitat between the parcel to the east and the parcel to the west.
35 Professional Staff Response: There is no native upland habitat west of the subject parcel
36
37 d. Known locations of threatened and endangered species, as defined in LDC Section 101-1,
38 identified on the threatened and endangered plant and animal maps or the Florida Keys
39 Carrying Capacity Study maps, or identified in on-site surveys.
40
41 Public Comment. Included in the information provided by the applicant is Ms.
42 Sunderland's, Environmental Consultant report which indicates the Subject Parcel
43 includes black mangrove and the white mangrove two (2) species of special concern.
44 Species of special concern warrant consideration and allowing a tier III designation
45 would allow 40% of these species to be removed.
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5789
I Professional Staff Response: Neither species of*mangrove is included in the Florida's
2 Regulated Plant Index (Rule 5B-40.0055) and are not considered as threatened or
3 endangered species by the State of Florida or under the Endangered Species Act.
4 Florida Department ofAgriculture and Consumer Services(FDA CS)no longer compiles
5 lists of plants of Special Concern).
6
7 Public comment was also received addressing the previous unpermitted clearing on the subject
8 parcel:
9
10 SECTION 130-130 (e)says that the clearing of tropical hardwood hammock or pinelands
11 that results in the reduction of the area of an upland native habitat patch to less than the
12 one-acre minimum shall not constitute sufficient grounds for amending the designation.
13
14 The Property is subject to code enforcement action due to the Property Owner's
15 unpermitted clearing of native vegetation in many areas. [Code Case CE21060012] and
16 the corrective action requires the property owner to restore the vegetation.
17 Since, it has been determined that the vegetation must be restored, changing to Tier III
18 designation would allow the removal of40%ofthe habitat, which contravenes the intention
19 of the restoration permit.
20
21 On April 18, 2023, Permit 21302272 was issued for the restoration of native trees within the
22 unpermitted clearing area,which is not within the portion of the parcel proposed to be changed
23 to Tier III. The initial inspection was passed on October 3, 2023. Code Compliance case
24 CE21060012 was deemed Compliant with the Permit being issued and the Initial Planting
25 inspection being passed.
26
27 Monroe County Planning Commission ("PC") Review
28 The requested amendment was heard by the Monroe County Planning Commission on October
29 25, 2023. Public testimony provided at the Planning Commission Hearing included the
30 following points:
31
32 • Inconsistent with Tier Designation Criteria
33 o Vacant land that could be restored
34 There is no native upland habitat to the west,and there is no requirement
35 in the Comprehensive Plan or the LDC for private property owners to
36 restore or create upland habitat.
37 • Code Compliance Issues
38 o CE21060012 was opened for the unpermitted clearing of native vegetation.
39 Restoration was required and completed for hammock areas which are outside
40 the portion of the parcel proposed to be changed to Tier III. The Code Case was
41 deemed compliant on October 3, 2023.
42
43 III REQUESTED AMENDMENT
44
45 Request to amend the Tier Overlay District designation for that portion of Parcel ID No.
46 00086580-000000 that is within the Recreational Vehicle (RV) Land Use District(LUD).
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5790
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4 1986 Existing Conditions Map, Sheet 274
5 740 —Disturbed Land and 740.5 —Disturbed with Exotics
6
7 IV Review of Amendment
8
9 Monroe County 2030 Comprehensive Plan Policy 205.1.1 provides the criteria for the designation
10 of Tier III-A (Special Protection Areas):
11
12 Objective 205.1
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5791
I Monroe County shall maintain the Tier Overlay District Maps as required in Policy 105.2.2. [F.S.
2 § 163.3177(6)d.2.d., h.]
3
4 Policy 205.1.1
5 The County shall establish the following criteria, at a minimum, to use when designating Tiers:
6 [F.S. § 163.3177(6)d.2.d., h.]
7 1. Land located outside of Big Pine Key and No Name Key shall be designated as Tier I based
8 on following criteria:
9 • Natural areas including old and new growth upland native vegetated areas, above 4
10 acres in area.
11 • Vacant land which can be restored to connect upland native habitat patches and
12 reduce further fragmentation of upland native habitat.
13 • Lands required to provide an undeveloped buffer, up to 500 feet in depth, if
14 indicated by appropriate special species studies, between natural areas and
15 development to reduce secondary impacts; canals or roadways, depending on size
16 may form a boundary that removes the need for the buffer or reduces its depth.
17 • Lands designated for acquisition by public agencies for conservation and natural
18 resource protection.
19 • Known locations of threatened and endangered species.
20 • Lands designated as Conservation and Residential Conservation on the Future Land
21 Use Map or within a buffer/restoration area as appropriate.
22 • Areas with minimal existing development and infrastructure.
23 2. Lands on Big Pine Key and No Name Key designated as Tier I, II, or III shall be in
24 accordance with the wildlife habitat quality criteria as defined in the Habitat Conservation
25 Plan for those islands.
26 3. Lands located outside of Big Pine Key and No Name Key that are not designated Tier I
27 shall be designated Tier III.
28 4. Designated Tier III lands located outside of Big Pine Key and No Name Key with tropical
29 hardwood hammock or pinelands of one acre or greater in area shall be designated as
30 Special Protection Areas.
31 5. Lands within the Ocean Reef planned development shall be excluded from any Tier
32 designation.
33 The subject parcel does not meet the criteria for Tier L As required by Comprehensive Plan Policy
34 205.1.1 and Land Development Code Section 130-130(b)(2), lands that are not designated Tier I
35 shall be designated Tier III.
36 130-130:
37 (c) Tier boundary criteria, excluding Big Pine Key and No Name Key. The tier boundaries are
38 designated using aerial photography, data from the Florida Keys Carrying Capacity Study,
39 the endangered species maps, property and permitting information and field evaluation.
40 The following criteria, at a minimum, are used to evaluate upland habitats and designate
41 boundaries between different tier overlays:
42 2. Lands located outside of Big Pine Key and No Name Key that are not designated tier
43 I shall be designated tier III.
44
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5792
I a. The following conditions shall constitute a break in pinelands or tropical hardwood
2 hammock for calculating the one-acre minimum patch size for designation of tier
3 III-A boundaries:
4 1. U.S. Highway 1, canals and open water;
5 2. Any disturbed pinelands or tropical hardwood hammock with invasive
6 coverage of 40 percent or more;
7 3. Property lines of developed lots or vacant lots with a ROGO allocation
8 award or an issued building permit, as of September 28, 2005, located
9 within a Land Use District that allows only one unit per lot; or
10 4. Property lines of developed parcels of less than 10,000 square feet in area
11 with a ROGO/NROGO allocation award or issued building permit, as of
12 September 28, 2005, located within a Land Use District that allows
13 residential development of more than one dwelling unit per parcel/lot or
14 non-residential development.
15 Based on the above, professional staff finds that the appropriate Tier Overlay District
16 designation for the subject parcel is Tier III.
17 Consistency of the Proposed Amendment with the Provisions and Intent of the Monroe
18 County Land Development Code:
19 Professional staff have determined that the proposed tier overlay district (zoning) map
20 amendment is not inconsistent with the provisions and intent of Section 130-130 of the
21 Monroe County Land Development Code.
22
23 LDC Sec. 130-130.—Tier Overlay District
24 (a) Purpose. The purpose of the tier overlay district is to designate geographical areas
25 outside of the mainland of the county, excluding the Ocean Reef planned development,
26 into tiers to assign ROGO and NROGO points, determine the amount of clearing of
27 upland native vegetation that may be permitted, and prioritize lands for public
28 acquisition. The tier boundaries are to be depicted on the tier overlay district map.
29 Lands on Big Pine Key and No Name Key shall be delineated as tier I, II, or III. Lands
30 in the remainder of the unincorporated county, excluding the Ocean Reef planned
31 development, shall be delineated as tier I, III, and III-A (special protection area).
32
33 (b) Tier boundaries. Tier boundaries shall follow property lines wherever possible,
34 except where a parcel line or distinct geographical feature, such as a canal or
35 roadway, may be more appropriate.
36
37 (c) Tier boundary criteria, excluding Big Pine Key and No Name Key. The tier
38 boundaries are designated using aerial photography, data from the Florida Keys
39 Carrying Capacity Study, the endangered species maps, property and permitting
40 information and field evaluation. The following criteria, at a minimum, are used to
41 evaluate upland habitats and designate boundaries between different tier overlays:
42
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5793
1 (1) Tier I boundaries shall be delineated to include one or more of the following criteria
2 and shall be designated tier L
3 a. Vacant lands which can be restored to connect upland native habitat patches
4 and reduce further fragmentation of upland native habitat.
5 b. Lands required to provide an undeveloped buffer, up to 500 feet in depth, if
6 indicated as appropriate by special species studies, between natural areas and
7 development to reduce secondary impacts. Canals or roadways, depending on
8 width, may form a boundary that removes the need for the buffer or reduces its
9 depth.
10 c. Lands designated for acquisition by public agencies for conservation and
11 natural resource protection.
12 d. Known locations of threatened and endangered species, as defined in section
13 101-1, identified on the threatened and endangered plant and animal maps or
14 the Florida Keys Carrying Capacity Study maps, or identified in on-site
15 surveys.
16 e. Conservation, native area, sparsely settled, and offshore island land use
17 districts.
18 f. Areas with minimal existing development and infrastructure.
19 (2) Lands located outside of Big Pine Key and No Name Key that are not designated
20 tier I shall be designated tier III.
21 a. The following conditions shall constitute a break in pinelands or tropical
22 hardwood hammock for calculating the one-acre minimum patch size for
23 designation of tier III-A boundaries:
24 1. U.S. Highway 1, canals and open water;
25 2. Any disturbed pinelands or tropical hardwood hammock with invasive
26 coverage of 40 percent or more;
27 3. Property lines of developed lots or vacant lots with a ROGO allocation
28 award or an issued building permit, as of September 28, 2005, located
29 within a Land Use District that allows only one unit per lot; or
30 4. Property lines of developed parcels of less than 10,000 square feet in
31 area with a ROGO/NROGO allocation award or issued building permit,
32 as of September 28,2005, located within a Land Use District that allows
33 residential development of more than one dwelling unit per parcel/lot or
34 non-residential development.
35
36 Consistency of the Proposed Amendment with the Principles for Guiding Development in
37 the Florida Keys Area of Critical State Concern pursuant to F.S. Section 380.0552(7).
38
39 For the purposes of reviewing consistency of the Land Development Code or any amendments
40 to the Code with the principles for guiding development and any amendments to the principles,
41 the principles shall be construed as a whole and no specific provision shall be construed or
42 applied in isolation from the other provisions.
43
44 (a) To strengthen local government capabilities for managing land use and development so
45 that local government is able to achieve these objectives without the continuation of the
46 area of critical state concern designation.
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5794
I (b)To protect shoreline and marine resources, including mangroves, coral reef formations,
2 seagrass beds, wetlands, fish and wildlife, and their habitat.
3 (c) To protect upland resources, tropical biological communities, freshwater wetlands,
4 native tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges
5 and beaches, wildlife, and their habitat.
6 (d) To ensure the maximum well-being of the Florida Keys and its citizens through sound
7 economic development.
8 (e) To limit the adverse impacts of development on the quality of water throughout the
9 Florida Keys.
10 (f) To enhance natural scenic resources, promote the aesthetic benefits of the natural
11 environment, and ensure that development is compatible with the unique historic character
12 of the Florida Keys.
13 (g) To protect the historical heritage of the Florida Keys.
14 (h) To protect the value, efficiency, cost-effectiveness, and amortized life of existing and
15 proposed major public investments, including:
16 1. The Florida Keys Aqueduct and water supply facilities;
17 2. Sewage collection and disposal facilities;
18 3. Solid waste collection and disposal facilities;
19 4. Key West Naval Air Station and other military facilities;
20 5. Transportation facilities;
21 6. Federal parks, wildlife refuges, and marine sanctuaries;
22 7. State parks, recreation facilities, aquatic preserves, and other publicly owned
23 properties;
24 8. City electric service and the Florida Keys Electric Co-op; and
25 9. Other utilities, as appropriate.
26 (i) To limit the adverse impacts of public investments on the environmental resources of
27 the Florida Keys.
28 0) To make available adequate affordable housing for all sectors of the population of the
29 Florida Keys.
30 (k) To provide adequate alternatives for the protection of public safety and welfare in the
31 event of a natural or manmade disaster and for a post disaster reconstruction plan.
32 (1) To protect the public health, safety, and welfare of the citizens of the Florida Keys and
33 maintain the Florida Keys as a unique Florida resource.
34
35 Professional staff finds the proposed amendment consistent with the Principles for
36 Guiding Development as a whole and is not inconsistent with any one principle.
37
38 In accordance with LDC Section 102-158(d)(5), the BOCC may consider the adoption of an
39 ordinance enacting the proposed change based on one or more of the following factors:
40
41 1. Changed projections (e.g., regarding public service needs)from those on which the text or
42 boundary was based,
9 of 11
5795
I NA
2
3 2. Changed assumptions (e.g., regarding demographic trends);
4 NA
5
6 3. Data errors, including errors in mapping, vegetative types and natural features described
7 in Volume I of the Year 2010 Comprehensive Plan;
8 The Tier Designation of I is not consistent with the criteria of Comprehensive Plan
9 Policy 205.1.1. It appears that this area was designated in error.
10
11 4. New issues;
12 NA
13
14 5. Recognition of a need for additional detail or comprehensiveness; or
15 NA
16
17 6. Data updates;
18 The physical characteristics of the property are not consistent with the Tier I criteria
19 contained in LDC Section 130-130 and Comprehensive Plan Policy 205.1.1.
20
21 7. Impact on Community Character:
22 The Tier Overlay District designation is utilized to implement and score ROGO
23 applications, to steer growth and to establish clearing limits. The Tier designation is
24 not expected to impact community character. There are no native upland habitats on
25 the portion of the parcel requested to be changed.
26
27 V PROFESSIONAL STAFF RECOMMENDATION
28
29 The Monroe County Attorney's Office has recommended that the Board rehear the
30 application, and grant the application consistent with professional staff's
31 recommendation.
32
33 Monroe County Planning & Environmental Resources Department professional staff
34 recommends approval of the proposed amendment as the subject portion of the parcel
35 does not appear to meet the criteria for Tier I designation and is more appropriately
36 designated Tier III in accordance with criteria of LDC Section 130-130(b)(2).
10 of 11
5796
EXHIBIT I
TIER OVERLAY DISTRICT MAP AMENDMENT
PROPOSED TIER OVERLAY DISTRICT DESIGNATION
5797
2
3 �'. .
4ry
5
6
7 ORDINANCE NO. 2024
8
9 APPROVAL OF AN ORDINANCE AMENDING THE MONROE COUNTY TIER
10 OVERLAY DISTRICT MAP FROM TIER I TO TIER III, FOR A PORTION OF
11 THE PROPERTY LOCATED AT 18 KAY DRIVE,KEY LARGO,MILE MARKER
12 101, DESCRIBED AS A STRIP OF LAND 125 FEET WIDE LYING IN SECTION
13 21, TOWNSHIP 61, RANGE 39 EAST, KEY LARGO, MONROE COUNTY,
14 FLORIDA, BEING PART OF TRACT 7, AND PART OF TRACT 8, LARGO
15 SOUND-TARPON BASIN PROPERTIES, PLAT BOOK 4, PAGE 130,
16 CURRENTLY HAVING PARCEL ID 00086580-000000, AS REQUESTED BY
17 RAFAEL BEZANILLA; PROVIDING FOR SEVERABILITY; PROVIDING FOR
18 REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL
19 TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF
20 STATE; PROVIDING FOR AMENDMENT TO THE TIER OVERLAY DISTRICT
21 MAP; PROVIDING FOR AN EFFECTIVE DATE.
22
23
24 WHEREAS, the Monroe County Planning and Environmental Resources Department
25 ("Department") has received an application from Mercedes Lozada, on behalf of Rafael Bezanilla,
26 ("property owner"), requesting to amend the Tier Map Overlay designation for a portion of that certain
27 property currently having Parcel ID No. 00086580-000000 ("subject property" or the "property") to be
28 amended from Tier I to Tier III; and
29
30 WHEREAS,the subject property is located at 18 Kay Drive Key Largo, Monroe County, Florida;
31 and
32
33 WHEREAS,the Monroe County Planning Commission("Planning Commission") considered the
34 proposed amendment at a duly noticed regularly scheduled meeting held on October 25, 2023; and
35
36 WHEREAS,based upon the information and documentation submitted,the Planning Commission
37 made the following findings of fact and conclusions of law:
38
39 1. Monroe County Land Development Code ("LDC") § 102-158(a)maintains that map amendments
40 (including the land use district maps) are not intended to relieve particular hardships,nor to confer
41 special privileges or rights on any person, nor to permit a change in community character, as
42 analyzed in Monroe County Year 2010 Comprehensive Plan, but only to make necessary
43 adjustments in light of changed conditions; and
44
45 2. Pursuant to Monroe County LDC § 102-158(d)(7)(b), the Monroe County Board of County
46 Commissioners ("Monroe County", "BOCC", "Board", or the "County") may consider the
47 adoption of an ordinance enacting the proposed change based on one (1) or more of the following
48 factors: (1) Changed projections (e.g., regarding public service needs) from those on which the
I of 4
5798
I text or boundary was based; (2) Changed assumptions (e.g., regarding demographic trends); (3)
2 Data errors,including errors in mapping,vegetative types and natural features described in Volume
3 1 of the Plan; (4)New issues; (5)Recognition of a need for additional detail or comprehensiveness;
4 (6)Data updates; and(7) Consistency with the Comprehensive Plan and the Principles for Guiding
5 Development as defined in Florida Statutes § 380.0552; and
6
7 3. The Department's professional staff have determined that the proposed Tier map amendment is
8 necessary due to Monroe County LDC § 102-158(d)(7)(b)(3) (data errors); and
9
10 4. The proposed map amendment is consistent with the Principles for Guiding Development and not
11 inconsistent with any principle in the Florida Keys Area of Critical State Concern; and
12
13 WHEREAS, at a regular meeting held on the 13th day of December, 2023, the Monroe County
14 Board of County Commissioners held a duly noticed public hearing to consider the adoption of the
15 proposed amendment, considered the Department's professional staff report and provided for public
16 comment and public participation in accordance with the requirements of state and local law and the
17 procedures adopted thereto for public participation in the planning process; and
18
19 WHEREAS, at the public hearing on 13th day of December, 2023, the Monroe County BOCC
20 denied the application. Following the denial, the owner filed a Complaint against the BOCC for
21 declaratory and injunctive relief. The owner alleged that the BOCC's decision was not based on valid
22 reasons or competent evidence, and that the decision was therefore arbitrary, unfair, and unconstitutional.
23 The Monroe County Attorney's Office has recommended that the Board rehear the application, and grant
24 the application consistent with professional staff s recommendation; and
25
26 WHEREAS, at a regular meeting held on the 16th day of October, 2024, the Monroe County
27 BOCC held a duly noticed public hearing to reconsider the adoption of the proposed amendment,
28 considered the Department's professional staff report and provided for public comment and public
29 participation in accordance with the requirements of state and local law and the procedures adopted thereto
30 for public participation in the planning process;
31
32 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
33 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
34
35 Section 1. Recitals and Legislative Intent. The foregoing title, recitals, findings of fact, and
36 conclusions of law are true and correct and are hereby incorporated as if fully set forth
37 herein.
38
39 Section 2. The September 23, 2024-dated Monroe County Planning and Environmental Resources
40 Department professional staff report accompanying this BOCC agenda item, prepared by
41 and through Monroe County Planning and Environmental Resources Department
42 Assistant Director—Environmental Resources Michael Roberts, C.E.P.,i P.W.S.,'
43 C.F.M.,3 and Monroe County Planning and Environmental Resources Department Senior
National Association of Environmental Professionals(N.A.E.P.)—Certified Environmental Professional(C.E.P.).
Society of Wetland Scientists(S.W.S.)—Professional Wetland Scientist(P.W.S.).
3 Association of State Floodplain Managers(A.S.F.M.)—Certified Floodplain Manager(C.F.M.).
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I Director Emily Schemper, A.LC.P.,4 C.F.M., and its analysis and determinations of fact
2 and law, to the extent not plainly inconsistent with this Ordinance, is hereby accepted,
3 adopted, and incorporated as if fully stated herein.
4
5 Section 3. A portion of the subject property currently bearing Property Identification Number
6 00086580-000000, which is currently designated as Tier I, shall be designated Tier III as
7 shown on the attached map, attached as "Exhibit 1" which is hereby incorporated by
8 reference as if fully stated herein.
9
10 Section 4. Construction. The interpretation of this ordinance, and all provisions of the Monroe
11 County Codes, Comprehensive Plan, floodplain management regulations, and Florida
12 Building Code whose interpretation arises out of, relates to, or is interpreted in connection
13 with this ordinance, shall be construed in favor of the BOCC and such interpretations shall
14 be entitled to great weight in adversarial administrative proceedings, at trial, and on appeal.
15
16 Section 5. Severability, Partial Invalidity, and Survival of Provisions. If any provision of this
17 ordinance, or any section, subsection, or part or portion thereof, is held to be invalid or
18 unenforceable by any administrative hearing officer or court of competent jurisdiction, the
19 invalidity or unenforceability of such provision, or part or portion thereof, shall neither
20 limit nor impair the operation, enforceability, or validity of any other provisions of this
21 ordinance, or any remaining section(s), subsection(s), part(s), or portion(s) thereof. All
22 other provisions, parts, and portions thereof shall continue unimpaired in full force and
23 effect.
24
25 Section 6. Repeal of Inconsistent Provisions. All ordinances or parts of ordinance in conflict with
26 this ordinance are hereby repealed to the extent of said conflict. The repeal of an ordinance
27 herein shall not repeal the repealing clause of such ordinance or revive any ordinance which
28 has been repealed thereby.
29
30 Section 7. Transmittal. This ordinance shall be transmitted to the State Land Planning Agency as
31 required by F.S. 380.05(11) and F.S. 380.0552(9).
32
33 Section 8. Filing and Effective Date. This ordinance shall be filed in the Office of the Secretary of
34 the State of Florida but shall not become effective until approved by the State Land
35 Planning Agency and, if appealed, until the appeal is resolved pursuant to Chapter 120 of
36 the Florida Statutes.
37
38 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
39 at a regular meeting held on the 161h day of October, 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
4 American Institute of Certified Planners(A.LC.P.)certification.
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor Holly Merrill Raschein
(SEAL) MONAOC COUNTY ATTORNEY
PP �xE,5 T, FORMI
ATTEST: KEVIN MADOK, CLERK
AS DEPUTY CLERK
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