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Home My WebLink AboutItem R4 R4 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting January 15, 2025 Agenda Item Number: R4 2023-3497 BULK ITEM: No DEPARTMENT: Planning & Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Michael Roberts AGENDA ITEM WORDING: A Public Hearing Concerning an Application Received from 21660 Overseas Highway, LLC, via Its Authorized Agent Spottswood, Spottswood, Spottswood, and Sterling PLLC, Requesting for the Monroe County Board Of County Commissioners to Approve an Ordinance Amending the Monroe County Tier Overlay District Map to Change the Tier Designation of Property Located At 21660 Overseas Highway on Cudjoe Key from Tier III-A to Tier III, Said Property Being Located at Approximate Mile Marker 21.75, More Particularly Described As Lots 11 Through 16 Sacarma Plat Book 2 Page 48, Official Records of Monroe County, and Currently Having Property Identification Numbers 00174740-000100, 00174770-000000, 00174780-000000, 00174790-000000, 00174800- 000000, and 00174810-000000. ITEM BACKGROUND: Authorized agent Don Craig (the "Agent") on behalf of the closely-held limited liability company 21660 Overseas Hwy, LLC (the "applicant"), is requesting to amend the Tier Overlay District designation from Tier III-A to Tier III, for the subject property located at 21660 Overseas Highway, Cudjoe Key, more particularly described as Lots 11 through 16 Sacarma Plat Book 2 Page 48, Official Records of Monroe County, currently having Monroe County Property Appraiser's Office Property Identification Numbers ("Parcel ID Nos.") 00174740-000100, 00174770-000000, 00174780-000000, 00174790-000000, 00174800-000000, and 00174810-000000. A fuller description of the proposed amendment is attached as Exhibit 1. On October 7, 2024 the Agent for the applicant requested that their original request (i.e., the original application submitted) be amended to exclude (i.e., to remove) Lot 10 (the east 1/2 of that certain property currently bearing Parcel ID No. 00174740-000100) from their request for a Tier Overlay District map amendment to Tier III. The Monroe County Planning Commission heard the subject request on October 23, 2024, and 3227 recommended approval. Please see the attached Professional Staff Report for full analysis. PREVIOUS RELEVANT BOCC ACTION: The Monroe County Board of County Commissioners adopted the Tier Overlay District through Ordinance Nos. 08-2006, 09-2006, 10-2006, 11-2006, and 13-2006 in March of 2006, during which time these properties were designated Tier 111-A. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATION: Approval. DOCUMENTATION: SR Exhibit I warranty deeds.pdf Staff Report Exhibit 2 - Tier—Amendment.pdf Exhibit I to Ordinance.pdf Florida Division of Corporations (Sunbiz) - 21660 Overseas Highway, LLC.pdf Professional Staff Report (File No. 2024-016).pdf Ordinance (Tier Overlay District Map Amendment).pdf FINANCIAL IMPACT: 3228 1116/24, 12:44 PM Landmark Web Official Records Search Doc#2408683 Bk#3214 Pg#446 Electronically Recorded 312/2023 at 3:30 PM Pages 2 Filed and Recorded in Official Records(if MONROE COUNTY KEVIN MADOK ElectronicallyREC. $18.511 Deed Doc Starnp 50.70 Lrqp rod b% and return Tv. Donna Harris International Title and Escrow Co,LLC 226 North Atlantic Avenue Cocoa Beach,FL 32931 (321)784-7999 File No IT-22-937 Parcel Identification No 00 174740-000000 WARRANTY DEED (STATUTORY FORM—SECTION(i89M,F.S.)- This Indenture made the 24th day of February,2023 between HENRY WILLIAMS,a married man,whose post office address is 70 Baldwin Road,Hempstead,NY 11550 of the County of Nassau,State of New York, Grantor,to San Marcos Holdings 4790,LLC,a Now Mexico Limited Liability Company,whose post office address is 1309 Coffeen Avenue,Suite 1200, Sheridan,WY 82801 of the County of Sheridan,State of Wyoming,Grantee: Witnesseth,that said Grantor,for and in consideration of the sum of TEN DOLLARS(TJ.S.$10.00)and other good and valuable considerations to said Grantor in hand paid by said Grantee,the receipt whereof is hereby acknowledged,has granted, bargained,and sold to the said Grantee,and Grantee's heirs and assigns forever,the following described land,situate,lying and being in Monroe County,Florida,to-wit: Lots 10 and 11,SACARMA,according to the map or plat thereof,recorded in flat Book 2,Page 48,Public Records of Monroe County,Florida. Grantor warrants that at the time of this conveyance,the subject property is not the Grantor's homestead within the meaning set forth in the constitution of the State of Florida,nor is it contiguous to or a part of a homestead property.Grantor's residence and homestead address is:70 Baldwin Road,Hempstead,NY 11550. Together With all the tenements,hereditainents and appurtenances thereto belonging or in anywise appertaining. Subject To taxes for 2023 and subsequent years,not yet due and payable;covenants,restrictions,easements,reservations and limitations of record,if any. TO HAVE AND TO 14OLD the same in fee simple forever- And Grantor hereby covenants with the Grantee that the Grantor is lawfully seized of said land in fee simple,that Grantor has good right and lawful authority to sell and convey said land and that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever. Warranty Deed File No.:IT-22-937 Page I Df2 httpslior.monroe-clerk,com/LandmarkWeb/search/index?thememwblue&section=searchCriteriaBookPage&quickSearchselection=# 1/2 3229 1116/24, 12:44 PM Landmark Web Of Records Search Doe.#2408683 Page Number: 2 of 2 In Witness Whereof,Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed,sealed and delivered in our presence: WITNI SS HENRY WILLIAMS PRINT NAME: c A -94C WITNESS PRINT NAME: STATE OF C013NTY Or Sr TI going instrument was acknowledged before me by means of Ofphysical presence or online notarization this*4h day of w2023,by HENRY WILLIAMS. Cov jzzz^1 vq Signature of Notary Public, Print,Type/Stamp Name of Notary Personally Known: OR Produced Identificaticiv Type of Identification, Produced: (6011n C Winters NOTARY Put"C'aTATI�-6'F N'��YORK atiBewt In N. U C�,tjrlty nines 101 [C—OM W:, 2/202 5 Warranty Deed File Nu,:IT-22-937 Page 2 of 2 https://or.monrae-clerk.com/LandmarkWeb/search/index?thc)me=.biue&section=searchCriteriaBookPage&qUiGkSearchSelection=# 2/2 3230 Ill 6/24, 12A1 PM Landmark Web Official Records Search Doe#2395634 Bk#3199 Ill 226 Electronically Recorded 10/25/2022 at 3:36 PM Pages 2 Filed an(]Recorded in Official Records of MONROE COUNTY KEVIN MADOK ElectronicallyREC. $18.50 Deed Doe Stall$30,100.00 Lli�epgred bv,,Lj).L1 rvLqui(tv, Mirinm Monvallyo Sumhinc I.uxur, 'Fitly Corp. 10801 437 Avemill"i,Fl.33180 (305)684-8432 File NC5 22-09.392 0017,4770--000000; 00174780-000000; 00174790-00000: 00174800-000000� 00115180-00000 jStxux 6bo I Ill,LFm Daul WARRANTY DEED 'this indenitireinad.the it d,,iyofOctiD))ei,,2022betw,vecii PiradiseBourvil Florida Not foi-Profit COrporation whose post officc address is P,il ll 420421,Suninxerland Key,IM 33042,of the('olijity of N/jollroe,State of Florida, Grantor, to 21666 Oversens Ill IA,C,11 Flog-ida ill'infited Liability Company,whose pc.)sv officcaddress is 7405 Miami Lakes Drive,Miami kaki:s,FL.33014,of the County of Miami Dade, State of Florida,Grantee: 'Witnesseth,that said Grantor,for and in consideration of thr surn of TEN DOLLARS(U.S.S10.00)and othergood ind valuable covisidnrul to said Grantur in hand paid by said Grantee. the receipt whereof is,Ill acknowledged,kas granted,bargained,and sold to the said Grantee. and Grantee's heirs and assigns foTever, the following described hand, situate, lying and being in Movirce. Florida, to-wit: LOTS 12, 1-1, 14 AND 15, SACARMA SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLA'I"BOOK 2,PAGE 48,PUBLIC RECORDS OF MONROE,'COUNTY, 1'L()RIDA. GOVERNMENT 1,0T 3, SECTION 2, TOWNSHIP 67 SOUTH, RANGE 28 FAST AND KNOWN AS CRAB KEY, SITUATL' LYING AND BEING IN MONROE COUNTY, FLORIDA, AND A PARCEL QF SUBME�R(.;ED LAND ADJACFNT To SUMMERLAND KEY AND CRAB KEY. MONROE ("'OU D NTY, FLORIDA AN MORE PART[CLILARI,Y DESCRIBED AS FOLll FROM THE NORTHWEST CORNER OF LOT 7 ACCORDING TO THE PLAT OF SUMMERI.,AND BEACH,ADDITION NUMBER 7, RECORDED IN PLA"TBUCK 4,PAGI`74, OF MONROE CO(JNTY, ILORIDA, OFFICIAL RECORDS, GO SOUTH 42-SW 21 " WLST A DISTANCE OF 70 FEE]-TO A POINT IN THE SOUTHWESTERLY BANK OF AN EXISTING CANAL WHICH PO[N'I' IS '['HE POINT OF' BEGINNING; TI IENCE' CON FINUE SOUTH i12l' 5S' 21 " WEST A DISTANCL 15 FELT TO A POINT OF' CURVATURE OF A CURVE CONCAVE,TO THE EAST,HAVING A RADIUS OF 223.14 FLETAND A CENTRAL ANQLF OF45".11113NCE S0(..JTI-IFRl.,Y ALONG SAID CURVE A DISTANCE OF 175,25 FEEf TO A POINT OF REVERSE a)RVATLJRE,- THENCE SOU'll"'HERLYAND WESTERLY ALONG A CURVE CONCAVE TO THE NORTH WEST,HAVINC A RADIUS OF 323,14 FEET AND A CLNTRAL ANGLE OF 4.11 A DISTANCE OF 253.79 FEET TO A POINT OF TANGENCY; THENCE SOU"I'l-I 42" 58' 21" WEST A DISTANCE OF 93 FF",ET TO A POINT: THENCE SOUTH 47' 01'39" FAST A DIS C TANE01`225 FF-Y"I"TOA,POINT',THENCE.SOUTH 42'58-21 "WESTA DISTANCEOF-445 FEET TOA POINT; THENCE SOUIA-164'58'21" WEST A DISTANCE CIF 907 FEET TOA POINT, THENCE NORTH 25"01'39" WEST A DISTANCEOF.192 FEET'TO A PCB[NT;THENCE NORTH 640 58'21" EAST DISTANCE CIF 835 FLETTO A POINT; THENCE NORTH 42u 58'21" EAST A DISTANCE OF 365 FEET TO A POINT; THENCL SOLITH 47'01' 339" EAST DISTANCE OF65 FEET TOA POINT:THENCE.NORTI-142'58'21"I-AS"I'A DISTANCEOF93 FEET TOA POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST. HAVING A RADIUS OF 223,14 FEET AN[.) CENTRAL ANGLE OF615';TI-11ENCE EASTERLY ANDNORTHERLY ALONU SAID CURVE A DISTANCE OF 17fr.25 f`EET TO A POINT OF REVERSE CURVATURE; THEN(M NORTFIERVY AND EASTERLY ALONG A CURVE, CONCAVE TOITIEFAST,HAVING A RADIIJISOF323.14 FEE."J'AND A CENTRAL..ANGLEOF'45"A DISTANCE OF' 253.79 FLEE TO A I1OINTOFTANG1:.'1JCY-, THENCE NORTH 42' 58' 21 " FAST' A DISTANCE OF 15 FEET TO A POINT IN THE SOUTHWESTERLY BANK OF AN EXISTING CANAL; THENCE SOU`I'HEASTER1.,Y ALONG SAID souTHWE'.STERLY BANK A DISTANCE OF l 10 MORE OR LESS,,BACK TO THE,POINT OF BEGINNING. Togedlerwith all the terieverils,hereditarnentsand appurtenances thereto belonging orinanywise:appertaining, Subject to taxes ror 2022 and subsequent years, not yet due and payable,covenatils,resiricticris,eaSCriMilts,reservations and limitatiotts of record, if any. File No 22.09,392 https://or,monroe-cl,erk,com/LandmarkWeb/search/index?theme=.blue&section=searchCrlteriaBookPage&quickSearchSelection=# 3231 1/16/24, 12:41 PM Landmark Web Official Records Search Doe.#2395634 Page Nuinbu: 2 of 2 TO "AVE AND TO U101,I)the same in fee simple lbrever. And Grantor hereby covenant with the Grantee that the Grantor is lawfully seized of said land in fee simple,that Grantor have food rirdir anirl lawful awhority to sell and convey said land and that the Gramor hereby FuHY warraot the title to said land and wil I defend the same against the lawful clidnis of all persorrs whonisloever. In Witness When-oof.Grantor have hcreunfo set Grantor's hand mid seal[lie day and year first above written, Sigiul. Paradise BOUPICC 111C.,a Florida NOt fOr?TL)fiI Corporation E SS By: Occan L,,�goon Conservation LLC,i lklyoining lirnited PRINT NAN4F: liability company., its sole Director B WITNF'SS antiger PRINT NAME:, rE OF FLORIDA COLINTY OF I ' 4,om�', The forepiou instrument vwas ackilow1vilged belbre we by means of(0-41ical presence or online notarization this jr day or Oclobcr,20-2-2,by, Tyson Passnicirt,as Managing Member of Ocean&Lagoon Conservation LLC,a WyC)jr$ijjg l'ill1ited LiabiliTy Company its, snic direclor of Paradise Bounce Inc,of Ftorida Not For Prorit Corporation Signalure ot'Notary Public State of r�oro,� Joe A� C"''I P'�,Lwne ofNntary Print, Y 1) S I JH Ofj *a r), Personally Known: OR Produced Wend rication:.1— Type of Idenlific"111011 Nvarrully r)ctd File No.,22-09-392 Nge 2 of 2 3232 https:/for,monroe-clerk.com/LandmarkWeb/search/index?theme=.blue&ser,tion=searchCriteriaBookPage&quickSearchSelection=# 1/16/24, 12:39 PM Landmark Web Official Records Search Doe#2395633 Bk#3199 Pg#224 Electronically Recorded 10125/2022 at 3:36.PM,Pages 2 Filed an(] Recorded in Official Records of MONROE COUNTY KEVIN MADOK Electrunically)REC,$18.50 Deed Doe Stamp S24,115.00 Rim,_drLd ht ailLl Tvwm tor' hliriam Nluillaho Sunshine Luxur'v h0e Corp. 20801 flisevurelSrrulewacd 47 A eiflqjrfi.H_33 180 (305)684-9432 FiPe No 22-09-392 11,,pu6 Ah�,�0.F,I Fof ROWWLag Da.] WARRANTY DEED 0'AIMORY FORM -SI"C ll()N 689.02JS) Thig indenture made the ly (Jay of October,2072 betweeii Pirodisc.Routice Ini%,ji Floridn Not for Profit(.',orporAtion I — whose post orficeaddress is P.O. Box 420421,Sunjinerland Key,Fl.33042.<)1'111C COLInty0f V1011r0e, ',)'UdC0fFj0ridA,(irantOIT,to, 21600 Overseas 1-fighway LLC,a Florida Urnited Liability Company,whose post ofliw address is 7405 Miami Lakes Drwe,Miarni Lakes, FL 33014.,of the County ofMiaini Dadc, Slate of Florida,Gaintee: Witnesselh,that said Grantor,for and in consideration of the worn ofTFIN I)OLLARS(USS l0.00)and other.good and valuable considerations to said Grantor in harId paid by said Grantee, the receipt Wiereof is hereby ackiiowledged,has granted,bargained,and sold to the said Grantee. and Grawee's heirs and assigns forever, the following described land, situate, 1}iqg and being in Monroe, Florida,to-wit: LOT 16,SACARLMA,ACCORDING TO I HE PLAT THERE01"AS RECORDED IN PLAT BOOK 2,PAGE(S)48,OF-1-1-IL PLIBI.AC RECORDS OF MONROE COUNTY, FLORIDA. A PARCEL OF LAND BEING PART OF `FHE AND BEGINNING AT THE SOUTI-IWFS'l` CORNER Or i.crr 16, SACARNIA SUBDIVISION, CUDJOE KE.Y, MONROU COUNTY, FLORIDA, T)IE POINT OF 13E(31NNING, THENCE SOUT", 184 FE1_"Ir0 A POIN F IN SACARMIA BAY, THENCE EAS"I 31 FEET TO A POINT IN $ACARMA BAY,THE O NCENRTE I 181 IFF TO an SOUTHERLY LINE OF ABOVE LOF 16,THENCE WEST')I FEET"T'OTI-IF POINT OF BEGINNING, Together with all the tencnients,lnereditxrnents and appurtemances thereto belonging or In allyNVISQ appertwiling, Subject(o taxes for 2022 and sul),sccluerik years,not yet due and payable;eoNenants,restrictions,easernews,rewryatimis and limitations of record,irarry. TO HAVE AND TO HOLD the same in 5cesirnple forever, Amid Granter hereby covenant with the Grantee that the GranIoi :s lwvfudy seized of said land in fee simple,tha(Grantor have good right and lawfullauthorhy to sell and convey,said hirid and that the Grantor hereby folly warrant(lie title w said land and will defend the sanic against the lawful clainis of all persons Nflionisovver, MurpnN Deed File No.:22-dNAQ Page I of 2 https://or.monroe-clerk.com/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaBookPage&quickSearchSelection7# 3233 1/16/24, 12;39 PM Landmark Web Official Records Search Doc.,#2395633 Page Nurnber: 2 of 2 Iii Witness Whereof,Grantor have hercunto set Gralli(v's hand mid send the day and year first above written. Sko,lcld SCOIC'(tand delived'ed in our prvse;we� Paradise Bounce Ine-a Florida Not fN-Profit Corporation By: Ocean Lagoon Conservation LLC,a WV(Illlilrlg united PRINT N A IM L',: C N habilay company, its sole Director By TC ana,,Li'� WITNE SS v llt -CA C' PRINT N A IM E: ( % STATE OF FLORMA COUNTY OF The foregoing iostrument-.vasneknowlQ61,ed before me [iy means of(4f,-YI'ival presence or utdinenotarization this day of oclobm 2021 by TY501,Passmorc,as M�'irnaging Member of Oco,,-m& I,aguon Conservation a Wyoming Limited Uability Company as ios sole director of P"Irld is(t Bc u lice Inc."I F 10 ri da Not For Profit:Corporati Cm eNolary Pubfic oo, Nom ,�P 1011(c,�qA�L-Ap ol ryIofwa 6 A C,w Siginflur M, Frill, pe/81 R�Name ofiNotary u Personally KirwW11: OR ProdLICed Identificat6m- ......... Ty pe o f I dent i 11 calioll File,Flo_22-00-3392 Page 2 of 2 3234 htips://or,monroe-clerk,com/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaBookPage&quickSearchSelection=# — - Lo Pil i^ N Ilivl p,IIIIIIIIII II IIIIIIIIIIIIIIIIII iil'� � o u u uuuuuuuV uu uuuuuuuuuuuuuuuuu ��9 ®Y a o i. -- � i Yi'. II � U) "uuu uul VVVVV uu uuuuuuuuuuuuuu � I I�u ' �uugl E o 41 I T v i i I� �I iilrytil7yf�'E, Y ��I Ill �`li iliX' ' III III � o, f' .1 � T 0 vs L a a I f slr j„ IV AS 0 0 0 a 5 � ��I'1�II YI uliiii II m S u"IIIII U pp 11 uj o c n w m a9 9 8 h U tt,ll a � 8 F � //i;, 'u V IOOOVII uuuii ii II. 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I "I J.l 1 r1"� IC7¢',IrrgIrt,Irn¢IrnO sad w 0 0¢ / IDiivii.siio n of G:oiil Irrcalra�0iisalrnss, / "� aIr&, Ifw¢„Coj[rd s / 1L0 aIra_ y I irn0ii0y IRIgr n¢ / I[:)etalil by IEE;iirvfl- Name Florida Limited Liability Company 21660 OVERSEAS HIGHWAY LLC Filling Information Document Number L22000440546 FEI/EIN Number 92-0891245 Date Filed 10/12/2022 Effective Date 10/12/2022 State FL Status ACTIVE Last Event LC AMENDMENT Event Date Filed 11/13/2023 Event Effective Date 09/28/2023 Principal Address 3951 SW 41 STREET WEST PARK, FL 33023 Changed: 09/28/2023 Mailing Address 3951 SW 41 STREET WEST PARK, FL 33023 Changed: 09/28/2023 Registered Agent Name&Address DARMON, ORI 3951 SW 41 STREET WEST PARK, FL 33023 Name Changed: 09/28/2023 Address Changed: 09/28/2023 Authorized Person(s) Detail Name&Address Title MGR 3237 DARMON, ORI 3951 SW 41 STREET WEST PARK, FL 33023 Title MGR Yosifon, Zvi 3951 SW 41 STREET WEST PARK, FL 33023 Title AMBR WEIL,AMIR 3951 SW 41 STREET WEST PARK, FL 33023 Annual Reports Report Year Filed Date 2023 09/28/2023 2024 03/05/2024 Document Images 03/05/2024--AI INU AII.REPOIRIF Vow uimma go uirn IPIDIF foinrna� ................ 11/13/2023: I AirnoindirnoirA Vow iiimriago iiirn IPIDIF foinrna0 09/28/2023 RIBINSTATEIMENIF Vow uimmago in IPIDIF foinrna� ................ LO/1212022- F c Vow uimma go uirn IPIDIF foinrna� ................ 3238 �� rho \� MEMORANDUM MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT To: Monroe County Board of County Commissioners Through: Emily Schemper, A.LC.P.,1 C.F.M., Senior Director, Monroe County Planning and Environmental Resources Department From: Michael Roberts, C.E.P.,3 P.W.S.,4 C.F.M., Assistant Director—Environmental Resources Office, Monroe County Planning and Environmental Resources Department Date: December 26, 2024 Subject: A Public Hearing Concerning an Application Received from 21660 Overseas Highway, LLC, via its Authorized Agent Spottswood, Spottswood, Spottswood, and Sterling PLLC, Requesting for the Monroe County Board Of County Commissioners to Approve an Ordinance Amending the Monroe County Tier Overlay District Map to Change the Tier Designation of Property Located At 21660 Overseas Highway on Cudjoe Key from Tier III-A to Tier III, Said Property Being Located at Approximate Mile Marker 21.75, More Particularly Described As Lots 11 Through 16 Sacarma Plat Book 2 Page 48, Official Records of Monroe County, and Currently Having Property Identification Numbers 00174740-000100, 00174770-000000, 00174780-000000, 00174790-000000, 00174800-000000, and 00174810-000000.5 Meeting: January 15, 2025 L THE REQUEST: Authorized agent Don Craig (the "Agent") on behalf of the closely-held Florida-registered limited liability company 21660 Overseas Hwy, LLC (the"applicant") is requesting to amend the Tier Overlay District designation from Tier III-A to Tier III,for the subjectproperty located at 21660 Overseas Highway, Cudjoe Key, more particularly described as Lots 10 through 16 Sacarma Plat Book 2 Page 48, Official Records of Monroe County, currently having Monroe County Property Appraiser's Office Property Identification Numbers ("Parcel ID Nos.") 00174740-000100, 00174770-000000, 00174780-000000, 00174790-000000, 00174800- 000000, and 00174810-000000. A fuller description of the proposed amendment is attached as Exhibit 1. On October 7,2024,the Agent for the applicant requested that their original request(the original application submitted)be amended to exclude(i.e., to remove) Lot 10 (the east 1/2 of that certain property currently having Parcel ID No. 00174740-000100) from their request for BOCC approval of a Tier Overlay District map amendment to Tier III. 'American Institute of Certified Planners(A.LC.P.)Certification. 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 and Environmental Resources Department File No.2024-016. lofl4 3239 /� I"91,� /""n rti q, of ✓1/ i%�r r r � P i f ✓ ',, 2 ,r A 9Y r �iir' f r 0 0 a �� .�� ' I"'� c �aT �it , Il� ✓ r, � r ,�I ' � � Monroe County Property Appraiser's Office Property Boundaries (Outlined in Blue) (2023 Imagery) II. BACKGROUND INFORMATION: Site Information: Address: 21660 Overseas Highway, Cudjoe Key. Description: Lots 11 through 16 Sacarma Plat Book 2 Page 48 Official Records of Monroe County.6 Current Parcel ID Numbers: 00174740-000100, 00174770-000000, 00174780-000000; 00174790-000000; 00174800-000000 and 00174810- 000000. Authorized Agent: Don Craig/Richard McChesney, Spottswood Law Firm. Owner/Applicant: 21660 Overseas Highway, LLC. Apparent Size of Site: Approximately 161,306 Square Feet(3.7 acres). Land Use District("LUD") Designation: Urban Residential —Mobile Home ("URM"), Suburban Commercial ("SC"), and Native Area ("NA"). Future Land Use Map ("FLUM") Designation: Residential High ("RH"), Residential Medium ("RM"), and Residential Conservation ("RC"). Tier Designation: III-A. Flood Zones: AE10, VEl 1, VE12, VE13, VE14, and VE16. 6 See attached Exhibit I. Monroe County Property Appraiser's Office data. 2of14 3240 Existing Use: Single Family Residence (Parcel ID No. 00174810-000000); Vacant Land. Existing Vegetation/Habitat: Developed land/scarified/disturbed buttonwood/salt marsh. I r� Land Use Districts ("LUDs") (With Property Boundaries Outlined in Blue) (2023 Imagery) Immediate Vicinity and Community Character of Immediate Vicinity: The subject properties consist primarily of vacant, scarified land,with some areas of mangrove, salt marsh, and buttonwood habitat. The property currently having Parcel ID No. 00174810-000000 is developed with an existing single-family residence (Permit No. 89100977). The remaining properties comprising the subject parcels are vacant land. The adjacent properties to the west consist of condominiums and oceanfront estates. The lands that are directly east of the subject properties include over approximately 50 acres of primarily wetlands and hammock habitat, with several single-family residences in small, scarified areas. Commercial development(U.S. Highway 1 frontage) and the Cutthroat Harbor Estates subdivision are approximately 1/z mile east of the subject properties. 3of14 3241 Previous County Action(s): The Monroe County Board of County Commissioners ("BOCC", "Board", "Monroe County", or the"County") adopted the Tier Overlay District through Ordinance Nos. 08-2006, 09-2006, 10-2006, 11-2006, and 13-2006 in March of 2006, during which time these properties were designated Tier III-A. The Monroe County Building Department has issued the following permits for the subject properties: Parcel ID No. Permit No. Issue Date Type 00174740-000100 No Previous Permits Found 00174770-000000 No Previous Permits Found 00174780-000000 10102548 5/04/2010 1 Demolition of concrete slab 00174790-000000 No Previous Permits Found 00174800-000000 A-690 10/20/1975 Downstairs sink(Property Described as Empty) 00174810-000000 89100977 2/14/1991 Single family residence (Certificate of Occupancy issued 11/27/2000) The Monroe County Code Compliance Department has opened the following Code Compliance cases for the subject properties: Parcel ID No.: Case No.: Case Date: Complaint: status: 00174740-000100 No Previous Cases Found 00174770-000000 No Previous Cases Found 00174780-000000 CE10030135 3/18/2010 Concrete Slab, No Permit Closed' CE19050195 05/24/2019 RV, sewer Closed' 00174790-000000 No Previous Cases Found 00174800-000000 00-215A 02/28/2010 Sign required Closed" CE08080003 08/01/2008 Unsafe Propane tank Closed" 00174810-000000 **CE20040126 04/27/2020 Clearing of mangroves Closed (Remains Open with mains) CE22080052 08/24/2022 Construction w/o permit Closed 5/21/202414 Monroe County Code Compliance Department Case No. CE20040126 is for the unpermitted alteration of wetlands. The case was the subject of a referral to the Florida Department of Environmental Protection (FDEP)for resolution. As of the time of this report, FDEP continues working through these violations with the Property Owner/Applicant to ensure the Property Owner/Applicant shall restore the impacted area(s) and to record a Conservation Easement. 'Apparently compliant. 'Apparently compliant. io Apparently compliant. Apparently compliant. 12 Florida Department of Environmental Protection("FDEP"). 13 Apparently compliant. 4 of 14 3242 Community Meeting and Public Participation A Community Meeting was held at the Harvey Government Center, located at 1200 Truman Avenue, Key West, on April 9, 2024. Physical and virtual attendees included Monroe County Planning Commissioner Ron Demes, Ms. Dottie Moses, and Mr. John Benkenstein. Monroe County Planning and Environmental Resources Department professional staff consisted of Assistant Director Michael Roberts.Representatives of the applicant present were Donald L. Craig and Lori Thompson of Spottswood, Spottswood, Spottswood, and Sterling PLLC. Public comment consisted primarily of inquiries about the agent and/or applicant's future development plans, and did not offer any objections to the proposed map amendment. Development Review Committee (DRC) Meeting The Development Review Committee (DRC) convened to review this application at its regular meeting held on August 27, 2024. DRC Resolution No. 04-24 recommended approval of the then- proposed amendment for Parcel ID Nos. 00174770-000000, 00174780-000000 00174790-000000, 00174800-000000 and 00174810-000000 and recommended denial of the then-proposed amendment for Parcel ID No. 00174740-000100 (Lots 10 & 11 Sacarma) to the Planning Commission and Board of County Commissioners. Planning Commission Meeting The Monroe County Planning Commission heard the operative Tier change request on October 23, 2024, and accordingly recommended approval. III.AMENDMENT REVIEW: The amended application of the agent and applicant requests BOCC approval to amend the Tier Overlay District designation,from Tier III-A to Tier III,for the west 1/2 of Parcel ID No. 00174740- 000100 (Lot 11) and Parcel ID Nos. 00174770-000000, 00174780-000000, 00174790-000000, 00174800-000000, and 00174810-000000. r m - rc au FFe. ExisClrn Ccndikior s Prca casedorad Liens 5of14 3243 Objective 205.1 Monroe County shall maintain the Tier Overlay District Maps as required in Policy 105.2.2. [F.S. § 163.3177(6)(d)(2)(d), (h.)]. Policy 205.1.1 The County shall establish the following criteria, at a minimum, to use when designating Tiers: [F.S. § 163.3177(6)(d)(2)(d), (h.)]. 1. Land located outside of Big Pine Key and No Name Key shall be designated as Tier I based on following criteria: • Natural areas including old and new growth upland native vegetated areas, above 4 acres in area. • Vacant land which can be restored to connect upland native habitat patches and reduce further fragmentation of upland native habitat. • Lands required to provide an undeveloped buffer, up to 500 feet in depth, if indicated by appropriate special species studies, between natural areas and development to reduce secondary impacts; canals or roadways, depending on size may form a boundary that removes the need for the buffer or reduces its depth. • Lands designated for acquisition by public agencies for conservation and natural resource protection. • Known locations of threatened and endangered species. • Lands designated as Conservation and Residential Conservation on the Future Land Use Map or within a buffer/restoration area as appropriate. • Areas with minimal existing development and infrastructure. 2. Lands on Big Pine Key and No Name Key designated as Tier I, II, or III shall be in accordance with the wildlife habitat quality criteria as defined in the Habitat Conservation Plan for those islands. 3. Lands located outside of Big Pine Key and No Name Key that are not designated Tier I shall be designated Tier III. 4. Designated Tier III lands located outside of Big Pine Key and No Name Key with tropical hardwood hammock or pinelands of one acre or greater in area shall be designated as Special Protection Areas. 5. Lands within the Ocean Reef planned development shall be excluded from any Tier designation. Table 1. Tier Overlay District Boundary Criteria (Chapter 130-130(c)(1), Monroe County Land Development Code. Tier I boundaries shall be delineated to include one or more of the following criteria and shall be designated Tier I: Criteria Criteria Present Comment Vacant lands which can be restored to connect There is no upland native habitat on the upland native habitat patches and reduce further N subject parcels and none to east or west fragmentation of upland native habitat of the parcels 6of14 3244 Lands required to provide an undeveloped buffer, up to 500 feet in depth, if indicated as appropriate by Location is not located between natural special species studies, between natural areas and development to reduce secondary impacts. Canals or N areas and development(parcels on either roadways, depending on width, may form a end proposed amendment are boundary that removes the need for the buffer or developed). reduces its depth. Lands designated for acquisition by public agencies Parcel is not located within the FF for conservation and natural resource protection. N project boundary (Florida Keys Ecosystem project) Known locations of threatened and endangered The site is not a known location of any species, as defined in section 101-1, identified on the threatened or endangered species. threatened and endangered plant and animal maps or N Parcels are within SFAM for silver rice the Florida Keys Carrying Capacity Study maps, or rat and parcels lie within the 500 meter identified in on-site surveys. buffer for silver rice rat and lower Keys marsh rabbit. Conservation, native area, sparsely settled, and Location is in the URM/SC/NA LUD's. offshore island land use districts. Lots 14 & 15 are completely within the SC LUD. Lot 16 is within the URM N LUD. Lots 11,12 & 13 are partially within the NA LUD but primarily within the SC LUD. Lot 10 was removed from consideration due to NA LUD. Areas with minimal existing development and Parcels are located along a partially infrastructure. developed segment of U.S. Highway 1. N Multi-family residential, transient residential and commercial uses occur to the west of the subject parcels. Pursuant to Policy 205.1.1, "Designated Tier III lands located outside of Big Pine Key and No Name Key with tropical hardwood hammock or pinelands of one acre or greater in area shall be designated as Special Protection Areas." The subject parcels do not contain hardwood hammock or pinelands of one acre or greater in area. The subject parcels do not meet the criteria for Tier I or Tier III-A. While a portion of Parcel ID No. 00174740-000100 is within the RC FLUM and NA LUD, the majority of the NA LUD was on Lot 10, which has been removed from the application for Tier Map amendment from Tier III-A to Tier III. 7of14 3245 I`VIM 11 ^,, m,rh�'j/�J;//,� �f �� y�'''✓,rr s+.r f / � /�/�+j!/r��iifl � / '/��/ � i f !� ' K /�ii ,��/ rr ✓Ja iJ r+k�ra! �ffrrl �i � �� f �' �� li". fill Future Land Use ("FLUM") Land Use Districts ("LUD") 'Is ! 1 y r n, p !/J l r i IO I f / v r lhi�j I N Ilu r / / / f i " 9�� 41, » 8of14 3246 640 and r Buttonwood The parcels do not support native upland habitat, are in close proximity to multi-family residential development and are within the service area for central sewer. As required by Comprehensive Plan Policy 205.1.1 and Land Development Code Section 130- 130(b)(2), lands that are not designated Tier I shall be designated Tier III. Based on the foregoing data and information, it is, at this time, the determination of Monroe County Planning and Environmental Resources Department("Department")professional staff that the appropriate Tier Overlay District designation for Parcel ID Nos. 00174770-000000,00174780- 000000 00174790-000000, 00174800-000000, and 00174810-000000 is Tier III. It is furthermore at this time, based on the foregoing data and information, the determination of Department professional staff that Tier III is the appropriate designation for the west 1/2 of Parcel ID No. 00174740-000100 (Lot 11). IV. CONSISTENCY OF THE REQUESTED AMENDMENT WITH THE MONROE COUNTY LAND DEVELOPMENT CODE: As indicated in the paragraph immediately above, Monroe County Planning and Environmental Resources Department professional staff have determined that the subject Tier Overlay District map amendment is not inconsistent with the provisions and intent of Section 130-130 of the Monroe County Land Development Code ("LDC" or"MCC"). Sec. 130-130.—Tier Overlay District (a) Purpose. 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, II, 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). (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: 9of14 3247 (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. 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. [The remainder of this page has been intentionally left blank.] 10 of 14 3248 V. CONSISTENCY WITH THE PRINCIPLES FOR GUIDING DEVELOPMENT IN THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN AND MONROE COUNTY COMPREHENSIVE PLAN: The State of Florida has by administrative rule and statutorily designated Monroe County the State's only countywide Area of Critical State Concern ("ACSC"). Fla. Admin. Code R. 28- 29.002; Florida Statutes § 380.0552(3). The State by administrative rule requires that all "development" in Monroe County "shall" be consistent with the Comprehensive Plan. Fla. Admin. Code R. 28-20.019(5) (emphasis added). The Monroe County Comprehensive Plan requires that all "development"must be consistent with the State's statutory Principles for Guiding Development in the Florida Keys Area of Critical State Concern. Introduction, Monroe County Comprehensive Plan ('JA]ll planning and development within the Florida Keys must be consistent with Sections 380.05 and 380.0552(7), F.S., Principles for Guiding Development.") (emphasis added). Therefore, all "development" in Monroe County "must"be consistent with the State's statutorily adopted Principles for Guiding Development in the Florida Keys Area of Critical State Concern. 11 of 14 3249 For the purpose(s) of reviewing consistency of the Land Development Code or any amendments to the Land Development Code with the Principles for Guiding Development (Section 380.0552(7), Florida Statutes), the Principles shall be construed as a whole and no specific provision shall be construed or applied in isolation from the other provisions. (a) To strengthen local government capabilities for managing land use and development so that local government is able to achieve these objectives without the continuation of the area of critical state concern designation. (b)To protect shoreline and marine resources, including mangroves, coral reef formations, seagrass beds, wetlands, fish and wildlife, and their habitat. (c) To protect upland resources, tropical biological communities, freshwater wetlands, native tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and their habitat. (d) To ensure the maximum well-being of the Florida Keys and its citizens through sound economic development. (e) To limit the adverse impacts of development on the quality of water throughout the Florida Keys. (f) To enhance natural scenic resources, promote the aesthetic benefits of the natural environment, and ensure that development is compatible with the unique historic character of the Florida Keys. (g) To protect the historical heritage of the Florida Keys. (h) To protect the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major public investments, including: 1. The Florida Keys Aqueduct and water supply facilities; 2. Sewage collection and disposal facilities; 3. Solid waste collection and disposal facilities; 4. Key West Naval Air Station and other military facilities; 5. Transportation facilities; 6. Federal parks, wildlife refuges, and marine sanctuaries; 7. State parks,recreation facilities, aquatic preserves, and other publicly owned properties; 8. City electric service and the Florida Keys Electric Co-op; and 9. Other utilities, as appropriate. (i) To limit the adverse impacts of public investments on the environmental resources of the Florida Keys. 0) To make available adequate affordable housing for all sectors of the population of the Florida Keys. (k) To provide adequate alternatives for the protection of public safety and welfare in the event of a natural or manmade disaster and for a post disaster reconstruction plan. (1) To protect the public health, safety, and welfare of the citizens of the Florida Keys and maintain the Florida Keys as a unique Florida resource. Based on the foregoing data and information, it is, at this time, the determination of Monroe County Planning and Environmental Resources Department professional staff that the requested amendment for Parcel ID Nos. 00174770-000000, 00174780-000000, 00174790- 000000, 00174800-000000, and 00174810-000000 is consistent with the Principles for Guiding Development as a whole and is not inconsistent with any one Principle. 12 of 14 3250 In Accordance with MCC § 102-158(d)(5.), the BOCC May Consider the Adoption of an Ordinance Enacting the proposed Amendatory Change Based Upon One or More of the Following: 1. Changed projections (e.g., regarding public service needs)from those on which the text or boundary was based: N/A. 2. Changed assumptions (e.g., regarding demographic trends): N/A. 3. Data errors, including errors in mapping, vegetative types and natural features described in Volume I of the Year 2010 Comprehensive Plan: The Tier Designation of III-A for the subject parcels is not consistent with the criteria of Comprehensive Plan Policy 205.1.1. The area south of U.S. Highway 1 does not support native upland habitats and the designation as Tier III-A is not consistent with Policy 205.1.1. 4. New issues: N/A. 5. Recognition ofa need for additional detail or comprehensiveness: N/A. 6. Data updates: The physical characteristics of the subject parcels are not consistent with the Tier I criteria or Tier III-A criteria contained in Section 130-130 of the Land Development Code and Policy 205.1.1 of the Comprehensive Plan. 7. Impact on Community Character: The Tier Overlay District designation is utilized to implement and score Rate of Growth Ordinance ("ROGO") applications, to steer growth and to establish clearing limits. While the proposed change may result in a ROGO or NROGO ("Nonresidential Rate of Growth Ordinance") allocation(s)being issued sooner than otherwise,the Tier designation will not impact community character. VI. MONROE COUNTY PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT PROFESSIONAL STAFF RECOMMENDATION: As stated more fully in Sections III., IV. and V. above, based upon the foregoing data and information, Monroe County Planning and Environmental Resources Department professional 13 of 14 3251 staff recommend approval of the request of the Agent and applicant, as amended, for the west 1/2 of Parcel ID No. 00174740-000100 (Lot 11) and Parcel ID Nos. 00174770-000000, 00174780- 000000, 00174790-000000, 00174800-000000, and 00174810-000000, on the basis that these do not meet the criteria for Tier I designation or Tier III-A designation, and are more appropriately designated Tier III in accordance with criteria of Section 130-130(c)(2) of the Land Development Code. VII. EXHIBITS: 1. Warranty Deed with Apparent Property Description 2. Tier Overlay District Map Amendment; Proposed Tier Overlay District Designation 3. Draft Ordinance 4. Florida Division of Corporations (Sunbiz) Record Entry for "21660 Overseas Highway, LLC" 14 of 14 3252 18, , Y 2 4� 4 5 6 MONROE COUNTY, FLORIDA 78 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 9 ORDINANCE NO. -2025 10 11 AN ORDINANCE APPROVING AN AMENDMENT TO THE MONROE COUNTY 12 TIER OVERLAY DISTRICT MAP, FROM TIER III-A TO TIER III, AS 13 REQUESTED PER THE AMENDED APPLICATION SUBMITTED BY 14 SPOTTSWOOD, SPOTTSWOOD, SPOTTSWOOD AND STERLING PLLC, 15 AUTHORIZED AGENT OF 21660 OVERSEAS HIGHWAY, LLC, FOR 16 PROPERTY LOCATED AT 21660 OVERSEAS HIGHWAY, CUDJOE KEY, 17 MORE PARTICULARLY DESCRIBED AS THAT CERTAIN PROPERTY 18 CONSISTING OF THE WESTERN HALF (WEST 1/z) OF THAT CERTAIN 19 PROPERTY CURRENTLY HAVING PARCEL ID NUMBER 00174740-000100, 20 AND THOSE CERTAIN PROPERTIES CURRENTLY HAVING PARCEL ID 21 NUMBERS 00174770-000000, 00174780-000000, 00174790-000000, 00174800- 22 000000, AND 00174810-000000;1 PROVIDING FOR SEVERABILITY; 23 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING 24 FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE 25 SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO THE TIER 26 OVERLAY DISTRICT MAP; AND PROVIDING FOR AN EFFECTIVE DATE. 27 28 29 WHEREAS, the State of Florida has by administrative rule and statutorily designated 30 Monroe County the State's only countywide Area of Critical State Concern pursuant to Florida 31 Administrative Code Rule 28-29.002 and Florida Statutes § 380.0552(3); and 32 33 WHEREAS, the State by administrative rule, pursuant to Florida Administrative Code 34 Rule 28-20.019(5), requires that all "development" in Monroe County "shall" be consistent with 35 the Monroe County Comprehensive Plan; and 36 37 WHEREAS,the Monroe County Comprehensive Plan,by and through its requirement that 38 "all planning and development within the Florida Keys must be consistent with Sections 380.05 39 and 380.0552, F.S., Principles for Guiding Development", requires that all "development" must 40 be consistent with the State's statutory Principles for Guiding Development in the Florida Keys 41 Area of Critical State Concern; and 42 43 WHEREAS, accordingly, all"development"in Monroe County"must"be consistent with 44 the State's statutorily adopted Principles for Guiding Development in the Florida Keys Area of 45 Critical State Concern; and I As per the land records of Monroe County,these consist of(materially relevant)portions of Lots 11 —16 Sacarma Plat Book 2,Page 48,Official Records of Monroe County,Florida. 1 of 5 3253 I WHEREAS, authorized agent Don Craig (the "Agent") on behalf of the closely-held 2 Florida-registered limited liability company 21660 Overseas Highway, LLC (the "applicant"), 3 submitted an application to the Monroe County Planning and Environmental Resources 4 Department("Department")requesting to amend the Tier Overlay District Map designation of the 5 above-referenced materially relevant property ("subject property" or the "property"); and 6 7 WHEREAS, in accordance with Monroe County Land Development Code ("LDC", 8 "MCC", or "Code") Section 102-159(a), the applicant held a community meeting regarding its 9 Tier Overlay District Map request on April 9, 2024; and 10 11 WHEREAS,the Monroe County Development Review Committee ("DRU) convened to 12 review the application of the Agent and applicant at its regular meeting held on August 27, 2024; 13 and 14 15 WHEREAS, DRC Resolution No. 04-24 recommended approval of the then-proposed 16 amendment for Parcel ID Nos. 00174770-000000, 00174780-000000 00174790-000000, 17 00174800-000000 and 00174810-000000 and recommended denial of the then-proposed 18 amendment for Parcel ID No. 00174740-000100 (Lots 10 & 11 Sacarma) to the Planning 19 Commission and Board of County Commissioners; and 20 21 WHEREAS, on October 7, 2024, the Agent for the applicant requested their original 22 request(the original application submitted)to be amended to exclude(i.e., to remove)Lot 10 (the 23 east 1/2 of that certain property currently having Parcel ID No. 00174740-000100) from their 24 request for BOCC approval of a Tier Overlay District map amendment to Tier HI; and 25 26 WHEREAS, thereafter, on October 23, 2024, the Monroe County Planning Commission 27 ("Planning Commission" or "PC") held a duly noticed public hearing to consider the amended 28 proposal to amend the Tier Overlay District designation from Tier HI-A to Tier HI, for Lots 11 29 through 16 only; and 30 31 WHEREAS, the Planning Commission was presented with the following documents and 32 other information relevant to the request, which by reference is hereby incorporated as part of the 33 record of said hearing: 34 35 1. Request for a Tier Overlay District Map Amendment application received by the 36 Monroe County Planning & Environmental Resources Department on January 18, 37 2024, as amended on October 7, 2024;2 38 2. Monroe County Planning and Environmental Resources Department Professional Staff 39 Report prepared by Michael Roberts, C.E.P.,3 P.W.S.,4 C.F.M. 5 Assistant Director — 40 Environmental Resources Office, Monroe County Planning and Environmental 41 Resources Department, dated September 17, 2024, and revised October 8, 2024; 42 3. Sworn testimony of the applicant and/or of the applicant's Agent; 2 Monroe County Planning and Environmental Resources Department File No.2024-016. 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 Association of State Floodplain Managers(A.S.F.M.)—Certified Floodplain Manager(C.F.M.). 2of5 3254 1 4. Sworn testimony of Monroe County Planning&Environmental Resources Department 2 professional; and 3 5. Advice and counsel of Dirk Smits, Monroe County Planning Commission General 4 Counsel, and the respective legal views of Peter Morris, Assistant County Attorney. 5 6 WHEREAS, based upon the information and documentation received, the Planning 7 Commission made the following findings of fact: 8 9 1. Monroe County Land Development Code § 102-158 states that map amendments are 10 not intended to relieve particular hardships,nor to confer special privileges or rights on 11 any person, nor to permit an adverse change in community character, analyzed in the 12 Monroe County Comprehensive Plan, but only to make necessary adjustments in light 13 of changed conditions or incorrect assumptions or determinations as determined by the 14 findings of the BOCC; and 15 2. LDC § 102-158(d)(7)(b.) provides that one or more of the following criteria must be 16 met for a map amendment: 17 1. Changed projections (e.g., regarding public service needs) from those on which 18 the existing text or boundary was based; 19 2. Changed assumptions (e.g., regarding demographic trends) from those on which 20 the existing text or boundary was based; 21 3. Data errors, including errors in mapping, vegetative types and natural features 22 which contributed to the application of the existing text or boundary; 23 4. New issues which arose after the application of the existing text or boundary; 24 5. Recognition of a need for additional detail or comprehensiveness; 25 6. Data updates; or 26 7. Consistency with the Comprehensive Plan and the principles for guiding 27 development as defined in Section 380.0552, Florida Statutes. 28 3. Map amendments to the Monroe County Land Use District Map shall not be 29 inconsistent with the Principles for Guiding Development in the Florida Keys Area of 30 Critical State Concern; and 31 32 WHEREAS, based upon the information and documentation received, the Planning 33 Commission made the following conclusions of law: 34 35 1. The proposed Tier Map amendment is not anticipated to adversely impact the community 36 character of the surrounding area; 37 2. The proposed Tier Map amendment is consistent with Monroe County Land Development 38 Code § 130-130; 39 3. The proposed Tier Map amendment is consistent with the Goals, Objectives and Policies 40 of the Monroe County Year 2030 Comprehensive Plan; 41 4. The proposed Tier Map amendment is consistent with the Principles for Guiding 42 Development for the Florida Keys Area, Section 380.0552(7), Florida Statutes; and 43 44 WHEREAS, at a regular meeting held on the 15Ih day of January, 2025, the Monroe 45 County Board of County Commissioners ("BOCC","Board", "Monroe County", or the"County") 46 held a duly noticed public hearing to consider the adoption of the proposed amendment, considered 3 of 5 3255 I the Monroe County Planning and Environmental Resources Department's professional staff report 2 and professional staff presentation, and provided for public comment and public participation in 3 accordance with the requirements of state and local law and the procedures adopted thereto for 4 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. Recitals. The foregoing title, findings of fact, and conclusions of law are true and 10 correct and are hereby incorporated as if fully stated herein. 11 12 Section 2. The Monroe County BOCC accepts all of the analysis, findings of fact, and 13 conclusions of law in the December 26, 2024-dated Monroe County Planning and 14 Environmental Resources Department professional staff report accompanying this 15 BOCC agenda item stating that it is for meeting date January 15, 2025,provided to 16 the Board by and through Senior Director Emily Schemper, A.LC.P.,6 C.F.M., and 17 Assistant Director Michael Roberts, C.E.P., P.W.S., C.F.M., and hereby adopts all 18 of the analysis, findings of fact, and conclusions of law in the Department's 19 professional staff report as the BOCC's own analysis, findings of fact, and 20 conclusions of law, and incorporates said professional staff report as if fully set 21 forth herein. 22 23 Section 3. The subject property currently bearing Property Identification Number 00174740- 24 000100 (western 1/z of parcel, Lot 11, only); 00174770-000000; 00174780-000000; 25 00174790-000000; 00174800-000000; and 00174810-000000, which are currently 26 designated as Tier III-A, shall be designated Tier III as shown on the attached map, 27 attached as"Exhibit L"which is hereby incorporated by reference as if fully stated 28 herein. 29 30 Section 4. To the extent of any internal conflicts, inconsistencies, and/or ambiguities, within 31 this ordinance, the more restrictive description of land and/or land affected by this 32 ordinance, and/or rule, regulation, and/or provision, shall always be controlling. 33 34 Section 5. The Monroe County BOCC hereby ordains that the interpretation of this ordinance 35 and all provisions of the Monroe County Comprehensive Plan, Florida Building 36 Code, Florida Statutes, floodplain management regulations, and Monroe County 37 Codes whose interpretation arises out of, relates to, or is interpreted in connection 38 with this ordinance shall be liberally construed and enforced in favor of the Monroe 39 County BOCC, and such interpretation shall be entitled to great weight in 40 adversarial administrative proceedings, at trial, in bankruptcy, and on appeal. 41 42 Section 6. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If 43 any provision of this Ordinance, or part or any portion thereof, is held to be invalid 44 or unenforceable in or by any administrative hearing officer or court of competent 45 jurisdiction, the invalidity or unenforceability of such provision, or any part or 6 American Institute of Certified Planners(A.LC.P.)Certification. 4of5 3256 I portion thereof, shall neither limit nor impair the operation, enforceability, or 2 validity of any other provision of this Ordinance, or any remaining part(s) and/or 3 portion(s) thereof. All other provisions of this Ordinance, and remaining part(s) 4 and/or portion(s)thereof, shall continue unimpaired in full force and effect. 5 6 Section 7. Conflicting Provisions. All ordinances or parts of ordinances in conflict with this 7 Ordinance are hereby repealed to the extent of said conflict. The repeal of an 8 ordinance herein shall not repeal the repealing clause of such ordinance or revive 9 any ordinance which has been repealed thereby. 10 11 Section 8. Captions and Paragraph Headings. Captions and paragraph headings, where 12 used herein, are inserted for convenience only and are not intended to descriptively 13 limit the scope and intent of the particular paragraph or text to which they refer. 14 15 Section 9. Transmittal. This ordinance shall be transmitted to the State Land Planning 16 Agency as required by Sections 380.05(11) and 380.0552(9), Florida Statutes. 17 18 Section 10. Filing and Effective Date. This ordinance shall be filed in the Office of the 19 Secretary of the State of Florida but shall not become effective until approved by 20 the State Land Planning Agency and, if appealed, until the appeal is resolved 21 pursuant to Chapter 120 of the Florida Statutes. 22 23 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 24 Florida, at a regular meeting held on the 151h day of January, 2025. 25 26 Mayor James K. Scholl, District 3 27 Mayor Pro Tem Michelle Lincoln, District 2 28 Commissioner Craig Cates, District 1 29 Commissioner David Rice, District 4 30 Commissioner Holly Merrill Raschein, District 5 31 32 BOARD OF COUNTY COMMISSIONERS 33 OF MONROE COUNTY, FLORIDA 34 35 36 By: 37 Mayor James K. Scholl 38 39 (SEAL) O RO C Y AT TO FOUR 40 s. , ._ .. .. 41 42 ATTEST: KEVIN MADOK, CLERK PETER I ORRI 43 ASSISTANT COUNTY ATTORNEY 44 Date: . — 45 46 AS DEPUTY CLERK 5 of 5 3257 Liz Yongue From: Ballard-Lindsey <Ballard-Lindsey@ Mon roeCounty-FL.Gov> Sent: Wednesday, January 15, 2025 7:23 AM To: Liz Yongue; Gomez-Krystal Subject: Fwd: Public Hearing on Jan. 15, 2025 Item R4 Attachments: Conservation Easement 21660 Overseas Highway.pdf Sent from my iPhone Begin forwarded message: From: Barbara Von Harten <bvh5@yahoo.com> Date:January 14, 2025 at 8:07:35 PM EST To: Ballard-Lindsey<Ballard-Lindsey@monroecounty-fl.gov> Subject: Public Hearing on Jan. 15, 2025 Item R4 You don't often get email from bvh5@yahoo.com. Learn why this is important 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. Hello Lindsey, I have been checking the website regularly for the posting of an agenda for the Public Hearings so that I could contact you. I see the agenda has finally been posted, so I am requesting that the attached letter and a copy of the Conservation Easement on the property located at 21660 Overseas Highway be provided to the Monroe County Planning Commission regarding Public Hearing Item R4. I would also like to speak at the Public Hearing. To: Monroe County Planning Commission Date: January 14, 2025 Re: Opposition to Change of Tier Designation due to Conservation Easement From: Barbara Von Harten President, Sunrise Beach HOA (adjacent properties) 1 This letter serves as notification that the Sunrise Beach HOA, comprised of 11 single family homes located adjacent to 21660 Overseas Hwy, is opposed to allowing the amendment of the Tier Overlay from Tier III-A to Tier III because there is a Conservation Easement on this property which has already been ignored. The Conservation Easement, previously approved by Monroe County on 3-3-93, states that "the purpose and intent was to assure that the subject lands will be retained and maintained forever predominantly in the natural vegetative and hydrologic condition existing at the time of execution of this Conservation Easement." This easement stated that they would be maintained FOREVER in a natural condition. The Conservation Easement specifically prohibits the construction of buildings, dumping of fill, or the removal of vegetation or mangroves; however, over the past 10 years we have witnessed and reported numerous activities that were done in defiance of the easement. An un-permitted boat storage structure was built, there was excavation of soil, and the dumping of fill in low swampy areas, extensive removal of mangroves, and the creation of a road. These blatant violations were reported to the appropriate agencies and have now finally ceased. The building was removed and some replacement mangroves have been planted. Allowing the change in Tier Designation will legitimize and encourage the continuance of these inappropriate activities that are detrimental to the natural vegetation and habitat of these lands. There is no compelling public interest to remove the conservation easement and cease the preservation of the natural landscape and valuable ecological resources. A property with a conservation easement in Monroe County, Florida, generally cannot be changed from Tier II-A to Tier III zoning classification as the conservation easement restricts development and land use, often preventing any zoning changes that would allow for increased development potential associated with a Tier III designation. It therefore defies logic as to why Monroe County is considering such a move. Regards, Barbara Von Harten President, Sunrise Beach HOA 21650 Overseas Highway 239-770-7604 Bvh5@yahoo.com 2 .......................... . ............................. ............................................... ............. << LU ki. !z I ,-u rr, �Ull 0 rz LW Lu Llj AIN& tj 9i ;> u" C. J LAU E M 0 c 0 C uj r, 1.0 L Q 7J IrI 1c) CL �J rr LLh Itt M w 1") co M 0 g C� M C� ljo rxi M 4 , �4 C1 lys Q, 0 c a. AW Nin 0 0 G E) U U [M R z all 31 X 4A L CES Cover Sheet ❑ Checked for Duplicate Document DM ID Document Type: CONSERVATION EASEMENTS. Date: I -.. . .. , � 3_• '-1993 Original Agency DISTRICT OFFICES Section_ I 29 Township: I 66S _Range: 1_ 28E Total Area /Area Unit: _ i ___ I (A) AereaLe (S) Square Feet County Book/Page /Type: MONROE B 1272 Pg 4.3 4 County Book/Page/Type: g p9 O County/Instrument# L Comments: CONSERVATION EASEMENT #2 GRANTED BY: ALAIN BERLIOZ RELATIVE TO DER PERMIT #442079545 DATE PREPPED: INVENTORY #: 8/20/2010 29983 SCAN BOX # MAA'D For Rescan & Additional Pgs The information on this page was collected during the prep phase of scanning and is an aid for data entry_ Please refer to the document for actual information. Stockwell, Connie From. Miklus,Kathy Sent: Wednesday,August 04,2010 3:37 PM To. Stockwell, Connie Subject; FW: (19) Monroe county--Points,without polygons Attachments., Triad Equtty Corp 150101.pdf; Bay Hammock Land Corp 087447.pdf; Jordan George 108078 pdf;Rosean Harvey D 114256.pdf, Barrows Armando Ellen 124970.pdf;Ligman Daniel V 125708.pdf; Ligman Daniel V 125709.pdf; Ligman Daniel V 125813_pdf;Wing A S 188617.pdf;full Mort Gay 190629.pdf;Forsell Ed 197400.pdf; Lopresti Jean 198588.pdf; Hopkins aOX85. f; Greenwood Alfred 204186 pdf; Plno Antonio.lr 2C1279 pdf, e of Alan J 20795 . ombrancc Robert 209925.pdf;Sager Bert 210816.pdf; Siska Tffo—mas 204608.pat Connie—here are 19 CETs sent by Ann Lazar which I will log-in as received today 8/412010.41 double checked and this time I have not sent out duplicate emails.)• Kathy Miklus Planning Manager Title and Land Records Sec#iw Fla DEPIDivision State Lands/Bureau Survey and Mapping Pl]#{850}245-2788 FAX#(850)245-2808 From; Lazar,Ann Sent:Wednesday,July 28, 2010 2,52 PM To: Miklus, Kathy Sulbjed: FW: Monroe county--Points,without polygons Hi Kathy, Here are 19 more CEs in Monroe County.There are a couple of odd ones Triad equity Corp 150101 is a deed restriction not a CE or a covenant that runs with the land.I do not know if you want those. Bay Hammock Land Corp 087447 looks like a CE to DER over submerged land.I don't think they can give a CE over state- owned submerged land. Hopkins Farrell 200686 and Pino Antonio 201279 both have two CE within thee pdf documents attached. Ann JUN 3 01994 '93 SEP -3- P12 tp0 8 0 15 13 c 1272 KH 0O A N IS' f 'L'E K C!i? 's CONSERVATION BASEmicw MONRO ::Q JW r i• STATE OF FLORIIDA COUNTY OF MONROE KNOW ALL PERSONS BY THESE PRESENTS THAT in consideration soar the issuance of State of Florida Department of Environmental Regulation permit number q q 2 0-4 9 5 4 5' , ALAIN BERLIOZ (Grantor) has granted to the State of Florida Department of Environmental Regulation, 2600 Blair Stone Road, Tallahassee, Florida (Grantee) , a Conservation Easement in accordance with Section 704.06, Florida Statutes, in and over the real property in Monroe County, Florida, as set forth in the legal description and H.L. Overbeck survey dated February 19, 1993, and attached hereto as Exhibit "A". As used herein, the term Grantor shall include any successor or assignee of the Grantor, and the term Grantee shall include any successor or assignee of the Grantee. It is the purpose and intent of this Conservation Easement to assure that the subject lands (with the exception of included wetlands which are to be enhanced or created as specified in the aforementioned permit) will be retained and maintained forever predominantly in the natural vegetative and hydrologic condition existing at the time of execution of thisConservation Easement. The included wetlands which are to be enhanced or created shall be maintained forever in the enhanced or created conditions required by the aforementioned permit. JUN 3 0 1994 0.t,�'.aUuitt y��intl:d i 80 15 13 REC 1272 PH10044 Except for subh specific activities as authorized pursuant to , Department of Environmental Regulation permit number i►12 4_ _ 54S , including, but kot limited to, creation, enhancement and maintenance of wetlands as specified mitigation in said permit and construction, maintenance and reconstruction of the properly permitted fence as shown on Exhibit "A" hereto, the following activities are prohibited on the property subject to this Conservation Easement; 1. Construction, or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground, with the exception of the properly permitted fence as shown on Exhibit A hereto; 2. Dumping or placing of soil or other substances or material as landfill, or dumping or placing of trash, waste, or unsightly or offensive materials; 3. Removal or destruction of trees, shrubs, or other vegetation including the trimming and/or alteration of mangrove vegetation; with exception of nuisance and exotic plant species as may be required by Grantee; 4. Excavation, dredging or removal of loam, peat, gravel, soil, rock or other material substance in such manner as to affect the surface; 5. Surface use except for purposes that permit the land or water area to remain predominantly in its natural condition; 6. Activities detrimental to drainage, flood control., water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation; 7. Acts or uses detrimental to such aforementioned retention and maintenance of land or water areas; and B. Acts or uses detrimental to the preservation of any features or aspects of the property having historical, archaeological or cultural significance. . It is understood that the granting of this Conservation 2 ;FVW V.t :Wuin woMWE 80 15 13 e1272PA90045 r r Easement entitles the Grantee or its authorized representatives to u enter the above-described land in a reasonable manner and at F 4 reasonable times to assure compliance. The Grantor on behalf of itself and its successors or assigns hereby agrees to bear all costs and liability relating to the operation and maintenance of the lands subject to this Conservation Easement in the natural vegetative and hydrologic condition existing at the time of execution of this Conservation Easement, including the maintenance of enhanced or created wetlands in the vegetative and hydrologic condition required by the aforementioned permit, and Grantor does hereby indemnify and hold harmless the Grantee from same. The Conservation Easement hereby granted and the obligation to retain and maintain the land forever predominantly in the vegetative and hydrologic condition as herein specified shall run with the land and shall be binding upon the Grantor and its successors and assigns, and shall inure to the benefit of the Grantee and its successors and assigns. The terms and Conditions of this Conservation Easement may be enforced by the Grantee by injunctive relief and other appropriate available remedies, and Grantor consents that venue for such enforcement actions shall lie exclusively in the Circuit Court of the Sixteenth Judicial Circuit, in Monroe County, Florida. In any enforcement action in which the Grantee prevails, Grantee shall be entitled to recover reasonable attorneys fees and court costs in the trial and appellate courts, in addition to the cost of restoring the land to the natural vegetative and hydrologic 3 "'dFR Qt JUN 3 01994 �.t. Wvin vwlli ! 80f513 REFIrZPARO040 condition existin7 at the time of execution of this Conservation Easement or to the vegetative and hydrologic condition required by _the aforementioned permit. These remedies ears in addition to any other remedy, fine or penalty which may be applicable under Chapter 403, Florida Statutes. Any forbearance on behalf of the Grantee to exercise its rights in the event of the failure of Grantor to comply with the provisions of this Conservation Easement shall not be deemed or construed to be a waiver of the Grantee's rights hereunder in the event of any subsequent failure of the Grantor to comply. These covenants shall be recorded in the Public Records of Monroe County, Florida. IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal on this 3" / day of c , 1993. Signed, sealed and delivered in ou resence o X Witness GRANTOR Witness GRANTOR The foregoing instrument was acknowledged before me this S J/ day of 1 t t , 1993, by ALAIN BERLIOZ, who is personally known to me or produced as identification and who did take an oath. (Notary Seal) Notary Public State of Florida T Name: v% tkt r" 'w��arseeq� Commission No. :_ P C s lot s�tpv My commission expires: a. .qj: 95s�aoma.a.� • JUN 3 01994 J&P 7vv€n U101 mul 8 G 15 13 REF 12 7 2 PAGIG 0 4 7 DESCRIPTION or BoUNDARY SURVEY: Lot 16, SACARMA, according to the Plat thereof as recorded in Plat Book 2, Page 48, Public Records Of Monroe County, Florida. DESCRIPTfON OF CONSERVATION EASEMENT- -( That Part of Lot 16, SACARMA, as recorded in Plat Book 2, fi U Page48, Public Records of Monroe County, Florida and described as follows;COMMENCE at the Northeast oorner of � .said Lot 16 and run South along the East line of Lot 16, '60 feet for a Point of Beginning of the hereinafter described parcel of land; thence S 78°55'51"W,26.33 feet; ;thence S 36'13'14"x, 12.11 feet; thence South, 18.17 feet; :thence Nest, 31 feet; thence North, 15 feet;thence West '17 feet; thence S10644130"C, 31.80 feet; thence S 5'584'15"E, 112.27 feet; thence s S2'37'25"E, 40.11 feet; thence South, 168.38 feet to a point on the Southerly line of Lot 16; thence S 78'361E, 32.15 feet to the Southeast Corner of °Lot 16; thence North along the East line of lot 16, 260 feet back to the Point Of Beginning, Subject to aFence Easement fet Co..1 ,4;a.4 �+{e•a.c, a. cep., s�t�t ; DESCRIPTION OF PENCE EASEMENT: Commence at. the Northeast Corner of Lot 16 and run South along the East Line of vot 16,60 Feet for the Point of Beginning of the hereinafter described "FENCE EASEMENT^; Thence continue along the East line of Lot 16, 33 feet; Thence West,78.15 feet;Thence Ni0°44'30"W,0.50 feet; Thence East 77.50 feet;Thence North,32.50 feet;Thence East,0.50 feet back to the Point Of Beginning, (See legal Survey off H.L. Overbeck dated February 19, 1993 attached hereto) JUN 3 015S4 EXHIBIT A �. . Min u1,)1#1Ni A BOUNDARY SURVEY yt ZFAFW PQR3 Rare)y- A.J, 8orlioz r!f , Micheal Halpern, Attorney. Lot 16, f6GellL, WWoedis#is ter Met tborp f as r000ad.d fe. ftts 300*2, to"46, H+1iie e.t—de 6!Nebaee OWNA?t, Fl.Fide, v.. Mra +a Otac[t[fR79N Or g0aisaeva7•[0.rNWew'r. `+ a• 71+es Art of iet l6, fk0i01M. N Pp V[W.10 i4K a 1. Y� + Fag.4e, 34blae eb:6rd+e!liw,re.ta'.pu T1w�i4.one Loa" 15 ++ all: t u lot0"SoU1gOe1le at the ferthe" 0a t 4t �y \ '.raid:At 16 I "t setth Mang th.ow ersi !tr 26, e6 det!er a.i6t of Ltegfnetine er tiee Mninert.r de.eeibed wie+t 0r ie+d. the*0.a 7e•::'e1w,76.33 [ tbenta f ffi'13.14 WF.13,31 l.." themb f00tT, 1e•I7 ieett �thr..t. 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