HomeMy WebLinkAboutItem S2
5483
5484
5485
Item 6: Florida Keys Ecosystem Removal - Biller
ITEM :
Consider a request to remove ± 0.1 acres from the boundary of the Florida Keys Ecosystem
Florida Forever roject.
L OCATION:
Monroe County
DSLS TAFF R EMARKS:
The landowner, Brett Biller, submitted a certified letter to the Division of State Lands requesting
removal of property from the Florida Keys Ecosystem Florida Forever roject.
The Florida Keys Ecosystem Florida Forever Project was added to the Priority List in 1992. The
purpose of the project is to protect the remaining hardwood hammocks left in the Keys and many
rare plants and animals, including the Lower Keys marsh rabbit (Sylvilagus palustris hefneri).
The project includes 13,584 acres with 5,310 remaining and is ranked number 1 in the Climate
Change Lands category on the 2025 Florida Forever Priority List. As of 2024, the remaining
project acres have an assessed value of $503,661,361.
Pursuant to Rule 18-24.005(5)(a), and 18-24.007(2), F.A.C., ARC shall remove property from a
Florida Forever project boundary if a landowner requests to do so by certified letter. ARC may
recommend that the Board of Trustees of the Internal Improvement Trust Fund (BOT) add such
property back into the project boundary, if appropriate. Pursuant to Section 259.105(7)(b)2,
Florida Statutes, the BOT has the option of adding this property back into the project boundary if
the BOT determines that the property is critical to achieve the purposes of the project.
FNAI Review:
Aerial photographs show that the property has been cleared since at least 2015, with no
significant remnants of tropical hardwood hammock vegetation present. There are no rare
species documented on the property. Although there are numerous rare or imperiled plants and
animals throughout the Keys, the lack of natural vegetation makes it highly unlikely that the tract
is regularly used by rare or listed species. TThe he FloFlorida rida FForever Measures Evaorever Measures Evaluation luation finds that the finds that the
BilBiller ler propproperty makes no contribution to any of the erty makes no contribution to any of the FFlorida lorida ForeveForever r measures assessed. measures assessed.
S TAFF R ECOMMENDATION:
Vote Vote to apprto approve ove the othe owner-requested deletion, with no further recommendation to twner-requested deletion, with no further recommendation to the he BBoard of oard
of
Trustees. Trustees.
ARCARCRR ECOMMENDATIONECOMMENDATION: :
( )( )
)
August 2025 ARC MeetingPage 1 of 7
5486
Item 6: Florida Keys Ecosystem Removal - Biller
WattsDHRFFSGrinerDEPFWCPalmerPeppersGamblinSelect
Project
Florida Keys Ecosystem
August 2025 ARC MeetingPage 2 of 7
5487
5488
5489
Item 6: Florida Keys Ecosystem Removal - Biller
August 2025 ARC MeetingPage 5 of 7
548:
Item 6: Florida Keys Ecosystem Removal - Biller
Florida Keys Ecosystem (Biller Property Removal): Florida Forever Measures Evaluation 20250422
GIS ACRES = 0.11
Resource Resource
% of % of
a
a
project project
MEASURES Acres MEASURES (continued) Acres
B1: Strategic Habitat Conservation Areas C5: Surface Water Protection
Priority 1 0 0% Priority 1 0 0%
Priority 2 0 0% Priority 2 0 0%
Priority 3 0 0% Priority 3 0 0%
Priority 4 0 0% Priority 4 0 0%
Priority 5 0 0% Priority 5 0 0%
Total Acres
0 0% Priority 6 0 0%
B2: FNAI Habitat Conservation Priorities Priority 7 0 0%
Total Acres
Priority 1 0 0% 0 0%
Priority 2 0 0% C7: Fragile Coastal Resources
Priority 3 0 0% Fragile Coastal Uplands 0 0%
Priority 4 0 0% Imperiled Coastal Lakes 0 0%
Priority 5 0 0% Coastal Wetlands 0 0%
Total Acres
Priority 6 0 0% 0 0%
Total Acres
0 0% C8: Functional Wetlands
B3: Ecological Greenways Priority 1 0 0%
Priority 1 0 0% Priority 2 0 0%
Priority 2 0 0% Priority 3 0 0%
Priority 3 0 0% Priority 4 0 0%
Priority 4 0 0% Priority 5 0 0%
Priority 5 0 0% Priority 6 0 0%
Total Acres
0 0% Total Acres 0 0%
B4: Under-represented Natural Communities D3: Aquifer Recharge
Upland Glade (G1) 0 0% Priority 1 0 0%
Pine Rockland (G1) 0 0% Priority 2 0 0%
Scrub and Scrubby Flatwoods (G2) 0 0% Priority 3 0 0%
Rockland Hammock (G2) 0 0% Priority 4 0 0%
Dry Prairie (G2) 0 0% Priority 5 0 0%
Seepage Slope (G2) 0 0% Priority 6 0 0%
Total Acres
Sandhill (G3) 0 0% 0 0%
(miles)
Sandhill Upland Lake (G3) 0 0% E2: Recreational Trails
(prioritized trail opportunities from Office of Greenways and Trails & Univ. Florida)
Upland Pine (G3) 0 0%
Land Trail Priorities 0.0
Mesic/Wet Flatwoods (G4) 0 0%
Land Trail Opportunities 0.0
Upland Hardwood Forest (G5) 0 0%
Total Acres Total Miles 0.0
0 0%
F2: Arch. & Historical Sites (number) 0 sites
B6: Occurrences of FNAI Tracked Species
G1 G1: Sustainable Forestry
0
G2 Priority 1 0 0%
0
G3 Priority 2 0 0%
0
Priority 3 0 0%
G4 0
G5 Priority 4 0 0%
0
Priority 5 0 0%
Total 0
Total Acres 0 0%
C4: Natural Floodplain Function
G3: Forestland for Recharge 0 0%
Priority 1 0 0%
Priority 2 0 0%
Priority 3 0 0%
Priority 4 0 0%
Priority 5 0 0%
Priority 6 0 0%
Total Acres 0 0%
a
Acres of each resource in the project and percentage of project represented by each resource are listed except where noted. This analysis converts
site boundary into pixels, which causes slight differences from GIS acres; this effect is most noticeable on small sites.
August 2025 ARC MeetingPage 6 of 7
5491
Item 6: Florida Keys Ecosystem Removal - Biller
To: Meghan Lauer, DEP/OES
From: Geoffrey Parks, FNAI
Date: May 19, 2025
Subject: Proposed Boundary Modification to Florida Forever BOT Project: Florida Keys
Ecosystem – Biller Parcel Deletion (Monroe County)
The major goals of the Florida Keys Ecosystem Florida Forever BOT project (FKEFFBOT) are to protect
all the significant unprotected hardwood hammocks left in the Keys and the many associated rare
plants and animals; to protect the Keys’ Outstanding Florida Waters, recreational and commercial
fisheries, and reefs; and to give residents and visitors more natural areas for resource-based outdoor
recreation. The owner of a ca. 0.1-acre parcel (the “Biller property”), which is currently part of the
FKEFFBOT project, has requested that the parcel be removed from the project.
The property is situated on the north side of Big Coppitt Key, about 0.1 mile inland from the north
shore of the key, and fronts Avenue A on its south edge. It is near the north margin of a predominantly
residential area, with developed residential lots to its west, east and south. The north edge of the
parcel borders a driveway, across which lies a portion of the Florida Keys Wildlife and Environmental
Area. An unacquired tract in the FKEFFBOT project lies ca. 200 feet to the southwest.
Aerial photographs show that the property has been cleared since at least 2015, with no significant
remnants of tropical hardwood hammock vegetation present.
There are no rare species documented on the property. Although there are numerous rare or
imperiled plants and animals throughout the Keys, the lack of natural vegetation makes it highly
unlikely that the tract is regularly used by rare or listed species.
The Florida Forever Measures Evaluation (FFME) is an analysis based on the Florida Forever
Conservation Needs Assessment developed by FNAI. The data used in that analysis represent a
standardized, statewide perspective of natural resources. TThe FFME analysis fhe FFME analysis finds inds that the Biller that the Biller
property makes no contribution to any of the Florida Forever Measures assessed. property makes no contribution to any of the Florida Forever Measures assessed.
Florida Natural Areas Inventory – 1018 Thomasville Road Suite 200-C – Tallahassee, FL 32303 – 850-224-8207 – www.fnai.org
Florida Resources and Environmental Analysis Center – Institute of Science and Public Affairs
The Florida State University
August 2025 ARC MeetingPage 7 of 7
5492
MEMORANDUM
M ONROE C OUNTY P LANNING & E NVIRONMENTAL R ESOURCES D EPARTMENT
We strive to be caring, professional and fair
To: Monroe County Board of County Commissioners
12
Through: Devin Tolpin, A.I.C.P., C.F.M., Senior Director
Monroe County Planning and Environmental Resources Department
34
From: Michael Roberts, C.E.P., C.F.M., P.W.S.
Assistant Director Environmental Resources, Monroe County Planning and
Environmental Resources Department
Date: September 24, 2025
Subject: A Public Hearing to Consider Adoption of an Ordinance Amending the Monroe
County Tier Overlay District Map from Tier I to Tier III, as Requested by Natallie
Liz on behalf of Brett Biller, for a Parcel Located at 305 Avenue A, Big Coppitt
5
Key, More Particularly Described as Block 3, Lot 6, Johnsonville, Plat Book 1,
Page 53, Big Coppitt Key, Currently Having Parcel ID Number 00151350-
6
000000.
Meeting: October 15, 2025
I REQUEST:
The landowner is requesting to amend the Tier Overlay District Map designation from Tier I
to Tier III, for a parcel located at 305 Avenue A, Big Coppitt Key, more particularly described
as Block 3, Lot 6, Johnsonville, Plat Book 1, Page 53, currently having Parcel ID Number
00151350-000000.
1
American Institute of Certified Planners (A.I.C.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.).
5
Approximate mile marker 10.
6
Monroe County Planning and Environmental Resources Department File No. 2024-191.
5493
Subject Parcel (Outlined in Blue) (2023 imagery)
II BACKGROUND INFORMATION & RELEVANT PRIOR COUNTY ACTION(S):
Site Information:
Address: 305 Avenue A, Big Coppitt Key
Legal Description: Block 3, Lot 6, Johnsonville, Plat Book 1, Page 53
Parcel ID Number: 00151350-000000
Applicant/Agent: Natallie Liz
Owner: Brett Biller
Size of Site: 4,900 square feet
Land Use District: IS
FLUM Designation: RM
Tier Designation: I
Flood Zone: AE 10
Existing Use Vacant land
Existing Vegetation/Habitat: Developed Land
Community Character of Immediate Vicinity: The subject parcel consists primarily of cleared
undeveloped land in a substantially built-out subdivision (96% of subdivision lots are
developed). The parcel is just east of the Southern Keys Cemetery on Big Coppitt Key. The
parcel was previously within the Florida Forever Florida Keys Ecosystem project boundary but
was removed by the Acquisition and Restoration Council (ARC) on August 8, 2025, as
confirmed by FDEP staff to County staff. (21 acres) radius of the parcel
are depicted below.
5494
There are 55 parcels within the of the subject parcel, of these, 49 are Developed and
6 are Undeveloped. Developed parcels comprise 65% of the area within 500 feet of the subject
parcel (Table 1, below):
Table 1. Area of habitat types within 500
feet of Parcel 00151350-000000
Habitat Acres
% Cover
Buttonwood 0.19
1%
Developed Land 13.57
65%
Exotic 0.37
2%
Hammock 0.82
4%
Mangrove 3.39
16%
Salt Marsh 0.58
3%
Scrub Mangrove 1.05
5%
Undeveloped
0.92
Land 4%
Water 0.11
1%
As mentioned above, the subject parcel is within a developed subdivision, lots on either side of
Lot 6 have been developed (see below).
5495
Lot 6 Looking North from Avenue A Looking East along Avenue A
The parcel appears to have been previously impacted by Hurricane Irma, and subsequent
removal of dead and or damaged vegetation resulted in the parcel being cleared, while a permit
for exotic removal was issued, no permits for the removal of native vegetation have been issued
for the subject parcel. A brief aerial history of the parcel is provided below.
5496
2012
2017 (post-Irma)
2018
5497
2022
Previous County Action(s):
As noted above, Monroe County Building Permit No. 14101394, for the removal of nuisance
and exotic vegetation was issued on April 7, 2014.
Community Meeting:
A Community Meeting was held on December 23, 2024, at Wilhelmina Harvey Park, located
at 360 Avenue F on Big Coppitt Key. Residents of the community attended and voiced some
objection to the proposed Tier Map amendment due to the potential impacts related to
developing the lot (obstructed views, impacts to native vegetation, etc.).
Development Review Committee and Planning Commission Review:
The request was reviewed by the Development Review Committee () on January 21,
2025. Upon review of the professional staff report and taking public comment, the Planning
Director recommended denial of the request for a Tier Overlay District Map Amendment
through DRC Resolution No. 03-25, based on the data and analysis provided in the December
19, 2024-dated professional staff report. The parcel was withdrawn by the State of Florida from
the Florida Forever Florida Keys Ecosystem project boundary on August 8, 2025, and removal
of this parcel from the Florida Forever Boundary has rendered the Tier I designation as
unsuitable for the subject parcel. The Planning Commission, which ultimately considered the
subject amendment on August 27, 2025, adopted PC Resolution No. P07-25 recommending
BOCC approval of this proposed amendment.
III PROPOSED AMENDMENT:
Request to amend the Tier Overlay Map District designation for that certain parcel currently
having parcel ID number 00151350-000000 from Tier I to Tier III.
5498
Existing Tier I Proposed Tier III
IV Review:
Policy 105.2.1
Monroe County shall designate all lands outside of mainland Monroe County, except for the
Ocean Reef planned development, into three general categories for purposes of its Land
Acquisition Program and smart growth initiatives in accordance with the criteria in Policy
205.1.1. These three categories are: Natural Area (Tier 1); Transition and Sprawl Reduction
Area (Tier II) on Big Pine Key and No Name Key only; and Infill Area (Tier III). The
purposes, general characteristics, and growth management approaches associated with each tier
are as follows:
1. Natural Area (Tier I): Any defined geographic area where all or a significant portion of
the land area is characterized as environmentally sensitive by the policies of this Plan
and applicable habitat conservation plan, is to be designated as a Natural Area. New
development on vacant land is to be severely restricted and privately owned vacant
lands are to be acquired or development rights retired for resource conservation and
passive recreation purposes. However, this does not preclude provisions of
infrastructure for existing development. Within the Natural Area designation are
typically found lands within the acquisition boundaries of federal and state resource
\[agencies\] conservation and park areas, including isolated platted subdivisions; and
privately-owned vacant lands with sensitive environmental features outside these
acquisition areas.
2. Transition and Sprawl Reduction Area (Tier II): Any defined geographic area on Big
Pine Key and No Name Key, where scattered groups and fragments of environmentally
sensitive lands, as defined by this Plan, may be found and where existing platted
subdivisions are not predominately developed, not served by complete infrastructure
5499
facilities, or not within close proximity to established commercial areas, is to be
designated as a Transition and Sprawl Reduction Area. New development is to be
discouraged and privately owned vacant lands acquired or development rights retired to
reduce sprawl, ensure that the Keys carrying capacity is not exceeded, and prevent
further encroachment on sensitive natural resources. Within a Transition and Sprawl
Reduction Area are typically found: scattered small nonresidential development and
platted subdivisions with less than 50 percent of the lots developed; incomplete
infrastructure in terms of paved roads, potable water, or electricity; and scattered
clusters of environmentally sensitive lands, some of which are within or in close
proximity to existing platted subdivisions.
3. Infill Area (Tier III): Any defined geographic area, where a significant portion of
land area is not characterized as environmentally sensitive as defined by this Plan,
except for dispersed and isolated fragments of environmentally sensitive lands of less
than four acres in area, where existing platted subdivisions are substantially
developed, served by complete infrastructure facilities, and within close proximity to
established commercial areas, or where a concentration of nonresidential uses exists,
is to be designated as an Infill Area. New development and redevelopment are to be
highly encouraged, except within tropical hardwood hammock or pineland patches of
an acre or more in area, where development is to be discouraged. Within an Infill Area
are typically found: platted subdivisions with 50 percent or more developed lots
situated in areas with few sensitive environmental features; full range of available
public infrastructure in terms of paved roads, potable water, and electricity; and
concentrations of commercial and other nonresidential uses within close proximity. In
some Infill Areas, a mix of nonresidential and high-density residential uses (generally 8
units or more per acre) may also be found that form a Community Center.
549:
Fmr. Florida Forever Project Boundaries (Florida Keys Ecosystem)
(Subject Parcel outlined in blue).
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.
54:1
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.
The parcel, currently assessed under parcel ID number 00151350-000000, has a Future Land Use
Map (FLUM) designation of Residential Medium (RM) and is within the Improved Subdivision
(IS) Land Use District.
Future Land Use (FLUM; RM) Land Use District (LUD; IS)
54:2
The parcel currently consists of cleared but otherwise undeveloped land. The parcel is mapped
developed land (below).
2023 Habitat (developed land)
The parcel was mapped as tropical hardwood hammock on the 1985 Existing Conditions Map.
1985 Existing Conditions Map (426; parcel outlined in red)
54:3
Based on the above data, the requested Tier Map amendment for the subject parcel is not
inconsistent with the Goals, Objectives and Policies of the 2030 Comprehensive Plan. As
previously mentioned, the parcel was withdrawn by the State of Florida from the Florida Forever
Florida Keys Ecosystem project boundary. The removal of this parcel from the Florida Forever
Boundary has rendered the Tier I designation as unsuitable for the subject parcel.
Consistency of the proposed amendment with the provisions and intent of the Monroe
County Land Development Code:
Staff has determined that the proposed tier overlay district map amendment for that certain
parcel currently assessed under parcel ID number 00151350-000000 is not inconsistent with
the provisions and intent of Section 130-130 of the Monroe County Land Development Code.
Specifically, the proposed amendment is consistent with Section 130-130(c)(2).
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:
(1) Tier I boundaries shall be delineated to include one or more of the following criteria
and shall be designated tier I:
a. Vacant lands which can be restored to connect upland native habitat patches
and reduce further fragmentation of upland native habitat.
b. Lands required to provide an undeveloped buffer, up to 500 feet in depth, if
indicated as appropriate by special species studies, between natural areas and
development to reduce secondary impacts. Canals or roadways, depending on
width, may form a boundary that removes the need for the buffer or reduces its
depth.
c. Lands designated for acquisition by public agencies for conservation and
natural resource protection.
54:4
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.
In accordance with LDC Section 130-130(e), the tier overlay district map may be amended to
reflect existing conditions in an area if warranted because of drafting or data errors or regrowth of
hammock. However, the clearing of tropical hardwood hammock or pinelands that results in the
reduction of the area of an upland native habitat patch to less than the one-acre minimum shall not
constitute sufficient grounds for amending the designation of a tier III-A area to tier III. The tier
overlay district map amendments shall be made pursuant to the procedures for map amendments
to this chapter. Unlawful conditions shall not be recognized when determining existing conditions
and regulatory requirements.
Consistency of the proposed amendment with the Principles for Guiding Development in the
Florida Keys Area of Critical State Concern pursuant to F.S. Chapter 380.0552(7).
For the purposes of reviewing consistency of the Land Development Code or any amendments
to the Code with the principles for guiding development and any amendments to the principles,
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.
54:5
(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.
(j) 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.
(l) 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.
Staff finds the proposed amendment for that certain parcel currently having 00151350-000000
is not inconsistent with the Principles for Guiding Development.
In accordance with MCC § 102-158(d)(7)(b.), the BOCC may consider the adoption of an
ordinance enacting the proposed tier amendment based on one or more of the following
factors:
54:6
1. Changed projections (e.g., regarding public service needs) from those on which the text or
boundary was based;
NA
2. Changed assumptions (e.g., regarding demographic trends) from those on which the
existing text or boundary was based;
NA
3. Data errors, including errors in mapping, vegetative types and natural features which
contributed to the application of the existing text or boundary;
NA
4. New issues which arose after the application of the existing text or boundary;
NA
5. Recognition of a need for additional detail or comprehensiveness; or
NA
6. Data updates;
As previously mentioned, the parcel was withdrawn by the State of Florida from the Florida
Forever Florida Keys Ecosystem project boundary. The removal of this parcel from the
Florida Forever Boundary has rendered the Tier I designation as unsuitable for the subject
parcel.
7. Impact on Community Character:
NA
V RECOMMENDATION:
Staff recommends approval of the proposed tier overlay amendment from Tier 1 to Tier 3 for
that certain parcel currently assessed under parcel ID number 00151350-000000.
54:7
TS HT4
1 MONROE COUNTY, FLORIDA
2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
3
4 ORDINANCE NO. -2025
5
6 AN ORDINANCE AMENDING THE MONROE COUNTY TIER
7 OVERLAY DISTRICT MAP FROM TIER I TO TIER III AS REQUESTED
8 BY NATALLIE LIZ ON BEHALF OF BRETT BILLER FOR A PARCEL
9 LOCATED AT 305 AVENUE A, BIG COPPITT KEY, MORE
10 PARTICULARLY DESCRIBED AS LOT 6, SQUARE 3, JOHNSONVILLE,
11 PLAT BOOK 1, PAGE 53, CURRENTLY HAVING PARCEL ID NUMBER
12 00151350-000000; PROVIDING FOR SEVERABILITY; PROVIDING FOR
13 REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
14 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE
15 SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO THE
16 TIER OVERLAY DISTRICT MAP; PROVIDING FOR AN EFFECTIVE
17 DATE.
18
19
20 WHEREAS, the Planning and Environmental Resources Department received a request
21 for an amendment to the Tier Overlay District Map from Natallie Liz on behalf of Brett Biller for
1
22 that certain parcel located at 305 Avenue A, Big Coppitt Key, more particularly described as Lot
23 6, Square 3, Johnsonville, Plat Book 1, Page 53, currently having Parcel ID Number 00151350-
24 000000 parcel, to be amended from Tier I to Tier III; and
25
26 WHEREAS, in accordance with Monroe County Land Development Code Section 102-
27 159(a), a community meeting was held regarding the proposed tier amendment on December 23,
28 2024; and
29
30 WHEREAS, the Monroe County Development Review Committee (DRC) considered
st
31 the proposed amendment at a regularly scheduled meeting held on the 21 day of January, 2025;
32 and
33
34 WHEREAS, the DRC Chair signed DRC Resolution No. 03-25, recommending denial of
35 the requested tier amendment based on the data and analysis of record in the December 19, 2024
36 dated professional staff report; and
37
38 WHEREAS, the parcel was withdrawn by the State of Florida from the Florida Forever
39
1
Approximate mile marker 10.
54:9
1 Florida Keys Ecosystem project boundary on August 8, 2025, accordingly, the removal of this
2 parcel from the Florida Forever Boundary has rendered the Tier I designation as unsuitable for the
3 subject parcel; and
4
5 WHEREAS, on August 27, 2025, the Monroe County Planning Commission considered
6 this request and adopted Resolution No. P07-25 recommending approval of this request to amend
7 the Tier Overlay District Map designation of the parcel from Tier I to Tier III; and
8
9 WHEREAS, the BOCC was presented with, including but not limited to, the following
10 documents and other information relevant to the request:
11
12 1. Request for a Tier Overlay District Map Amendment application received by the
13 Planning & Environmental Resources Department on October 3, 2024; and
14 2. Staff report prepared by Michael Roberts, CEP, PWS, Assistant Director of
15 Environmental Resources dated September 24, 2025; and
16
17 WHEREAS, based upon the information and documentation submitted, the BOCC hereby
18 makes the following findings of fact:
19
20 1. Monroe County Land Development Code (LDC) Section 102-158 states that map
21 amendments are not intended to relieve particular hardships, nor to confer special
22 privileges or rights on any person, nor to permit an adverse change in community
23 character, analyzed in the Monroe County Comprehensive Plan, but only to make
24 necessary adjustments in light of changed conditions or incorrect assumptions or
25 determinations as determined by the findings of the BOCC; and
26 2. LDC Section 102-158(d)(7)b. provides that one or more of the following criteria must
27 be met for a map amendment:
28 1. Changed projections (e.g., regarding public service needs) from those on which
29 the existing text or boundary was based;
30 2. Changed assumptions (e.g., regarding demographic trends) from those on which
31 the existing text or boundary was based;
32 3. Data errors, including errors in mapping, vegetative types and natural features
33 which contributed to the application of the existing text or boundary;
34 4. New issues which arose after the application of the existing text or boundary;
35 5. Recognition of a need for additional detail or comprehensiveness;
36 6. Data updates; or
37 7. Consistency with the Comprehensive Plan and the principles for guiding
38 development as defined in Section 380.0552, Florida Statutes.
39 3. Map amendments to the Monroe County Land Use District Map shall not be
40 inconsistent with the Principles for Guiding Development in the Florida Keys Area of
41 Critical State Concern; and
42
43 WHEREAS, based upon the information and documentation submitted, the BOCC hereby
44 makes the following conclusions of law:
54::
1 1. The proposed Tier Map amendment is consistent with Monroe County Land Development
2 Code Section 130-130; and
3 2. The proposed Tier Map amendment is consistent with the Goals, Objectives and Policies
4 of the Monroe County Year 2030 Comprehensive Plan; and
5 Ќ͵ The proposed Tier Map amendment is consistent with the Principles for Guiding
6 Development for the Florida Keys Area, Section 380.0552(7), Florida Statutes;
7
8 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
9 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
10
11 Section 1. Recitals and Legislative Intent. The foregoing recitals and statements of
12 legislative intent are true and correct and are hereby incorporated as if fully stated
13 herein; and
14
15 Section 2. The subject parcel currently bearing parcel identification number 00151350-
16 000000, which is currently designated as Tier I, shall be designated Tier III as
17 shown on the attached map, attached as Exhibit 1. which is hereby incorporated by
18 reference as if fully stated herein.
19
20 Section 3. Interpretation. The interpretation of this Ordinance, and all provisions of the
21 Monroe County Codes, Comprehensive Plan, floodplain management regulations,
22 and Florida Building Code whose interpretation arises out of, relates to, or is
23 interpreted in connection with this Ordinance, these being necessary for the health,
24 safety, and welfare of the residents of and visitors to unincorporated Monroe
25 County, shall be construed in favor of the Monroe County BOCC, and such
26 interpretations shall be entitled to great weight in adversarial administrative
27 proceedings, at trial, and on appeal.
28
29 Section 4. Severability, Partial Invalidity, and Survival of Provisions. If any provision of
30 this Ordinance, or any section, subsection, or part or portion thereof, is held to be
31 invalid or unenforceable by any administrative hearing officer or court of
32 competent jurisdiction, the invalidity or unenforceability of such provision, or part
33 or portion thereof, shall neither limit nor impair the operation, enforceability, or
34 validity of any other provisions of this Ordinance, or any remaining section(s),
35 subsection(s), part(s), or portion(s) thereof. All other provisions, parts, and portions
36 thereof shall continue unimpaired in full force and effect.
37
38 Section 5. Repeal of Inconsistent Provisions. All ordinances or parts of any ordinance in
39 conflict with this Ordinance are hereby repealed to the extent of said conflict. The
40 repeal of an ordinance herein shall not repeal the repealing clause of such ordinance
41 or revive any ordinance which has been repealed thereby.
42
43 Section 6. Transmittal. This Ordinance shall be transmitted to the State Land Planning
44 Agency as required by Sections 380.05(11) and 380.0552(9), Florida Statutes.
45
5511
1 Section 7. Filing and Effective Date. This Ordinance shall be filed in the Office of the
2 Secretary of the State of Florida but shall not become effective until approved by
3 the State Land Planning Agency and, if appealed, until the appeal is resolved.
4
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
th
Florida, at a regular meeting held on the 15 day of October, 2025.
Mayor James K. Scholl, District 3 _______
Mayor Pro Tem Michelle Lincoln, District 2 _______
Craig Cates, District 1 _______
David Rice, District 4 _______
Holly Merrill Raschein, District 5 _______
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: ______________________________
Mayor James K. Scholl
(SEAL)
ATTEST: KEVIN MADOK, CLERK
9/29/25
____________________________________
AS DEPUTY CLERK
5512