Item T6g
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 20, 2005 Division: Growth Management
Bulk Item: Yes
No -1L-
Department: Planning
Staff Contact Person: Marlene Conaway
AGENDA ITEM WORDING:
Public hearing to consider adopting an Ordinance amending the Monroe County Land Use District
Map to include a Tier Overlay Map District designation on all land in unincorporated Monroe County
in the Florida Keys between Key West and Ocean Reef and designating boundaries for Tier I, Tier II
and Tier III as required in Goal l05 of the 2010 Comprehensive Plan pursuant to the criteria in section
9.5-256.
pst 0(2 required public hearings]
ITEM BACKGROUND: On January 21,2004 and in Ordinance # 018-2004 the BOCC directed staff
to prepare draft text and map amendments and other supporting studies in order to effectuate the
provisions of Goal 105 of the 2010 Comprehensive Plan and Rule 28-20.100 F.A.C. Several
stakeholder forums and two community workshops were held and the Planning Commission reviewed
the staff draft at four public hearings, amended the draft and recommend approval. Adoption of this
ordinance will not occur until the DCA has completed its review of the proposed 2010 Comprehensive
Plan amendments to be sent to that agency under the two Transmittal Resolutions. This is a
continuation of the Hearing held on March 17, 2005. (The overlay District Map has been revised since
the February hearing to include all of North Key Largo, except Ocean Reef). No changes have been
made to this Ordinance since the March 17, 2005 meeting.
The proposed Tier Overlay District Map will be revised by staff based on review of requested Tier
changes from property owners and supplemental site surveys before it comes before the Board later this
summer.
PREVIOUS RELEVANT BOCC ACTION:
Ordinance No. 018-2004 adopted June 16,2004 directed staff to prepare text and map amendments to
implement Goal105. Goal 105 was adopted in Ordinance No. 20- 2002.
CONTRACT/AGREEMENT CHANGES: None.
ST AFF RECOMMENDATIONS: Approval
TOT AL COST:
N/A
BUDGETED: Yes N/ A
No
COST TO COUNTY: N/A
SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes N/ A No
AMOUNT PER MONTH N/A Year
/
DOCUMENT A TION:
Included X
APPROVED BY: County Atty.-X- OMB/Purchas n
DIVISION DIRECTOR APPROVAL:
DISPOSITION:
AGENDA ITEM #
PROPOSED AMENDMENT TO THE MONROE COUNTY
LAND USE DISTRICT MAP TO INCLUDE A TIER
OVERLAY MAP DISTRICT DESIGNATION
THE BOCC ORDINANCE
This ordinance will amend the Monroe County Land Use District Map to include a Tier Overlay
Map District designation on all land in unincorporated Monroe county in the Florida Keys
between Key West and Ocean Reef and designating boundaries for Tier I, Tier II and Tier III as
required in Goal 105 of the 2010 Comprehensive Plan pursuant to the criteria in section 9.5-256.
[1st of 2 required pu bUe hearings]
BOARD OF COUNTY COMMISSIONERS
MARA THON EOC ROOM
ORDINANCE NO. -2005
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS ADOPTING AN AMENDMENT TO THE MONROE
COUNTY LAND USE DISTRICT MAP TO INCLUDE A TIER OVERLAY
MAP DISTRICT DESIGNA TION ON ALL LAND IN
UNINCORPORATED MONROE COUNTY IN THE FLORIDA KEYS
BETWEEN KEY WEST AND OCEAN REEF AND DESIGNATING
BOUNDARIES FOR TIER I, TIER II AND TIER III AS REQUIRED IN
GOAL 105 OF THE 2010 COMPREHENSIVE PLAN PURSUANT TO THE
CRITERIA IN SECTION 9.5-256; PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; DIRECTING THE
PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT TO
TRANSMIT A COPY OF THIS ORDINANCE TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Monroe County Board of County Commissioners, during three public
hearings held in December 2004 and January and February 2005, reviewed and considered the
proposed amendment to provide for a Tier Overlay District Map designation on the Monroe
County Land Use District Map to implement Goal 105 of the 2010 Comprehensive Plan, Rule
28-20.100 F.A.C. and the Tier Overlay system; and
WHEREAS, the Monroe County Board of County Commissioners directed staff to
prepare text and map amendments in Ordinance No. 018-2004 adopted June 16, 2004, to include:
Tier Overlay District Map designations in accordance with Goal 105; revisions to ROGO and
NROGO based on the Tier System utilizing a positive approach that predominately relies on land
dedication and aggregation; and revisions to the environmental regulations based on the Tier
system rather than the existing Habitat Evaluation Index; and
WHEREAS, Goal 105 provides a framework for future development and land
acquisition for the next 20 years that considers the carrying capacity of the Florida Keys, reduces
sprawl and promotes sustainability; and
WHEREAS, the Tier Map designation was developed following the criteria in Goal 105,
utilizing computer mapping (GIS), identifying areas appropriate for additional development and
those which are important environmentally and should be preserved; and
\VHEREAS, the tier boundaries for the Tier Overlay District Map were drawn using
environmental and development information and digital data from the Florida Keys Carrying
Capacity Study (FKCCS), the Planning Department and the Property Appraisers Office and
refined through site visits by the County Biologists and Planners; and
Goal 105 Tier map amend.Ord. corrected
Page 1 of 4
WHEREAS, hammock size is a major determinate of habitat quality according to the
FKCCS; therefore, size and connectivity are used in determining the boundary of the Tiers to
identify the best and most important terrestrial habitat areas for preservation; and
WHEREAS, Tier I includes all contiguous hammock areas above four acres and
restoration areas between fragmented smaller hammock patches to increase the hammock size
and buffers where possible; and
WHEREAS, hammock size is a major determinate of habitat quality according to
FKCCS, which is why size and connectivity were used to identify the best and most important
terrestrial habitat areas for preservation; and
WHEREAS, Tier II contains smaller hammock patches isolated by surrounding
development; the quality is reduced because of the negative secondary impacts of development
and these areas contain a large number of undeveloped privately-owned lots; and
WHEREAS, Tier III is appropriate for additional infill development because of the
location and amount of existing development in the areas designated; and
WHEREAS, newly created Section 9.5-256, Tier Overlay District, Monroe County
Code, provides criteria for the designation of Tier Boundaries and provides a mechanism for Tier
overlay maps amendments; and
WHEREAS, the Tier Overlay District Map, when adopted, will become an overlay to the
Land Use District Map; and
WHEREAS, the proposed Tier Overlay District Map was reviewed by Dr. Ricardo
Calvo, who also was the project manager of the Florida Keys Carrying Capacity Study; and
WHEREAS, the Tier Overlay District Map is the basis of an elegant system for
protecting the valuable habitat of the Keys and preventing sprawl, which is referred to as the
"Tier System"; and
WHEREAS, ROGO and NROGO have been completely redrafted utilizing the Tier
System; and
WHEREAS, the County Land Acquisition and Management Master Plan will be based
on the Tier System; and
WHEREAS, the Planning Commission, after hearing public comments and staff input at
four public hearings, recommended approval of the Tier Overlay District Map as an overlay to
the Land Use District Map to the Board of County Commissioners on November 3,2004; and
WHEREAS, the Planning and Environmental Resources Department has made changes
to the proposed draft map based on reevaluation of specific areas based on requests by
community members and land owners; and
Goal 105 Tier map amend.Ord. corrected
Page 20f4
WHEREAS, the Board of County Commissioners has reviewed the proposed
designation of the Tier Overlay District Map as an amendment to the Land Use District Map, as
recommended by the Planning Commission and the Planning and Environmental Resources
Department and finds they are consistent with the designation criteria pursuant to Section 9.5-
256, Monroe County Code, and are consistent with and further the goals, objectives, and policies
of the Year 2010 Comprehensive Plan, particularly Goal 105 and its associated objectives and
policies;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. Pursuant to Goal I 05, Year 2010 Comprehensive Plan and the designation criteria of
Section 9.5-256, Monroe County Code, Tier I, II, and III areas are designated; the boundaries of
which are described in the Tier Overlay District Map attached hereto as Exhibit I, and made part
of this ordinance.
Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held
invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict. The repeal of an ordinance herein shall not repeal the
repealing clause of such ordinance or revive any ordinance which has been repealed thereby.
Section 4. This ordinance does not affect prosecutions for ordinance violations committed prior
to the effective date of this ordinance; does not waive any fee or penalty due or unpaid on the
effective date of this ordinance; and does not affect the validity of any bond or cash deposit
posted, filed, or deposited pursuant to the requirements of any ordinance.
Section 5. This ordinance shall be filed in the Office of the Secretary of State of Florida but
shall not become effective until a notice is issued by the Department of Community Affairs or
Administration Commission approving the ordinance.
Section 6. This ordinance shall be transmitted by the Planning and Environmental Resources
Department to the Florida Department of Community Affairs to determine the consistency of this
ordinance with the Florida Statutes.
[THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK.)
Goall05 Tier map amend.Ord. corrected
Page 3 of4
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of said Board held on the _ day of , A.D. , 2005.
Mayor Dixie Spehar
Mayor Pro Tern Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner David Rice
Commissioner Murray E. Nelson
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
BY:
Mayor/Chairperson
(SEAL)
ATTEST: DANNY KOHLAGE, CLERK
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM
i/~
, Y ? 7,Q.n'''l
Dale:
Deputy Clerk
Goal 105 Tier map amend.Ord. corrected
Page 4 of 4
EXHIBIT I
TIER OVERLAY DISTRICT MAP
NUMBERS 1 THROUGH 15
".
STAFF REPORT
BOARD OF COUNTY COMMISSIONERS
MARATHON EOC ROOM
Monroe County Department of Planning and Environmental Resources
2798 Overseas Higbway Marathon Florida 33050
305-289- 2500 conawav-marlene@monroecouny-fl.gov
November 28, 2004
TO:
Monroe County Board of County Commissioners
FROM:
K. Marlene Conaway, Director
RE:
Tier Overlay Map amendment to the Land Use District Map) to implement
Goal 105
Introduction
Goal 105 provides a framework for future development and land acquisition for the next
20 years that considers the carrying capacity of the Florida Keys, reduces sprawl and
promotes sustainability. Attached is the proposed amendment to the Comprehensive Plan
to implement the goal, Rule 28-100 and the Florida Keys Carrying Capacity Study
(FKCCS).
Staff is recommending that three public hearings be held before the Board of County
Commissioners, one in each area, before adoption of the Transmittal Resolution.
Hopefully, this schedule will allow us to finish the adoption process by June 2005.
Background
The Board of County Commissioners (BOCC), at a regular meeting on January 21, 2004,
directed GroVv'1:h Management staff to prepare an ordinance deferring ROGO and
NROGO allocation awards in areas containing tropical hardwood hammock or pinelands
of two acres or greater within Tier I - Conservation and Natural Areas (CNA), while staff
prepares draft text and map amendments and other supporting studies in order to
effectuate the provisions of Goal 105 of the 2010 Comprehensive Plan, and Rule 28-
20.100 FAC.
The Planning Commission reviewed the staff proposed draft at a workshop in June and an
amended draft in four public meetings in September, October and November 2004. The
Planning Commission approved several amendments and voted to recommend the
attached draft to the BOCC on November 3,2004. During the summer thr~e focus group
meetings were held; two with the construction industry representatives and one with a
group of interested individuals and environmental groups. Several planned meetings were
cancelled due to the hurricanes and finally two evening community workshops, one in
Key Largo and one in Sugarloaf, were held in October.
Tier Overlay Map
Overview
The Tier Overlay Maps will become a zoning overlay when adopted.
Changes to the maps will follow the procedures in Sec. 9.5-511 of the LDRS. The
proposed maps were drafted following the criteria in the Goal 105 and amended Section
Page I of2
Monroe County Department of Planning and Environmental Resources
2798 Overseas Highway Marathon Florida 33050
305-289- 2500 conaway- marlene(a}monroecouny- fl. gov
9.5-256 Tier Overlay District; changes have been made after additional review by staff at
the request of property owners
The Tier maps were reviewed by Ricardo Calvo, our consultant, who also was the project
manager of the FKCCS. The overlay Tier maps is the basis of an elegant system for
protecting the valuable habitat of the Keys and preventing sprawl.
Issue
Adoption of Tier Overlay Maps: Tier I, the Conservation and Natural Areas, contain
staff recommended changes from the maps adopted by the BOCC in June 2004, these
changes will be brought to you officially after review by the Special Master, as required
in the Interim Development Ordinance. Adoption of the Tier Maps should not occur until
that procedure is complete.
Page 2 of2
PLANNING COMMISSION RESOLUTION
BOARD OF COUNTY COMMISSIONERS
MARATHON-EOCROOM
PLANNING COMMISSION RESOLUTION NO. P59-04
A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION
RECOMMENDING APPROVAL TO THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS OF THE REQUEST BY THE MONROE
COUNTY PLANNING DEPARTMENT OF AN AMENDMENT TO THE
MONROE COUNTY LAND USE DISTRICT MAP TO INCLUDE A TIER
OVERLAY MAP DISTRICT DESIGNATION ON ALL LAND IN
UNINCORPORATED MONROE COUNTY IN THE FLORIDA KEYS
BETWEEN KEY WEST AND OCEAN REEF AND DESIGNA TING
BOUNDARIES FOR TIER I, TIER II AND TIER III AS REQUIRED IN GOAL
105 OF THE 2010 COMPREHENSNE PLAN PURSUANT TO THE
CRITERIA IN SECTION 9.5-2.
WHEREAS, the Monroe County Planning Commissioner, during a public hearings held
November 16, 2004, reviewed and considered the proposed amendment to provide for a Tier
Overlay District Map designation on the Monroe County Land Use District Map to implement
Goal 105 of the 2010 Comprehensive Plan, Rule 28-20.100 F.A.C. and the Tier Overlay system;
and
WHEREAS, the Momoe County Board of County Commissioners directed staff to
prepare text and map amendments in Ordinance No. 018-2004 adopted June 16,2004, to include:
Tier Overlay District Map designations in accordance with Goal 105; revisions to ROGO and
NROGO based on the Tier System utilizing a positive approach that predominately relies on land
dedication and aggregation; and revisions to the environmental regulations based on the Tier
system rather than the existing Habitat Evaluation Index; and
WHEREAS, Goal 105 provides a framework for future development and land
acquisition for the next 20 years that considers the carrying capacity of the Florida Keys, reduces
sprawl and promotes sustainability; and
WHEREAS, the Tier Map designation was developed following the criteria in Goal 105,
utilizing computer mapping (GIS), identifying areas appropriate for additional development and
those which are important environmentally and should be preserved; and
WHEREAS, the tier boundaries for the Tier Overlay District Map were drawn using
environmental and development information and digital data from the Florida Keys Carrying
Capacity Study (FKCCS), the Planning Department and the Property Appraisers Office and
refined through site visits by the County Biologists and Planners; and
'VHEREAS, hammock size is a major determinate of habitat quality according to the
FKCCS; therefore, size and connectivity are used in determining the boundary of the Tiers to
identify the best and most important terrestrial habitat areas for preservation; and
P59-04 Goal 105 Tier map amend. PC Resolution. corrected
Page I of3
WHEREAS, Tier I includes all contiguous hammock areas above four acres and
restoration areas between fragmented smaller hammock patches to increase the hammock size
and buffers where possible; and
WHEREAS, hammock size is a major determinate of habitat quality according to
FKCCS, which is why size and connectivity were used to identify the best and most important
terrestrial habitat areas for preservation; and
WHEREAS, Tier II contains smaller hammock patches isolated by surrounding
development, the quality is reduced because of the negative secondary impacts of development
and, these areas contain a large number of undeveloped privately-owned lots; and
WHEREAS, Tier III is appropriate for additional infill development because of the
location and amount of existing development in the areas designated; and
WHEREAS, newly created Section 9.5-256, Tier Overlay District, Monroe County
Code, provides criteria for the designation of Tier Boundaries and provides a mechanism for Tier
overlay maps amendments; and
WHEREAS, the Tier Overlay District Map, when adopted, will become an overlay to the
Land Use District Map; and
WHEREAS, the proposed Tier Overlay District Map was reviewed by Dr. Ricardo
Calvo, who also was the project manager of the Florida Keys Carrying Capacity Study; and
WHEREAS, the Tier Overlay District Map is the basis of an elegant system for
protecting the valuable habitat of the Keys and preventing sprawl, which is referred to as the
"Tier System"; and
WHEREAS, ROGO and J\TROGO have been completely redrafted utilizing the Tier
System; and
WHEREAS, the County Land Acquisition and Management Master Plan will be based
on the Tier System; and
WHEREAS, the Planning and Environmental Resources Department has made changes
to the proposed draft map based on reevaluation of specific areas based on requests by
community members and land owners; and
WHEREAS, the Planning Commission, after hearing public comments and staff input at
four public hearings, finds the maps are consistent with the designation criteria pursuant to
Section 9.5-256, Monroe County Code, and are consistent with and further the goals, objectives,
and policies of the Year 2010 Comprehensive Plan, particularly Goal 105 and its associated
objectives and policies;
PS9.04 GoallOS Tier map amend.PC Resolution. corrected
Page 2 of3
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COM.MISSION OF
MONROE COUNTY, FLORIDA, to recommend APPROVAL to the Monroe County Board
of County Commissioners of the tier map amendment to the Monroe County Land Use District
Map.
PASSED AND ADOPTED By the Planning Commission of Monroe County, Florida at
a regular meeting held on the 16th day of November 2004.
Chair Lynn Mapes
Vice Chair Denise Werling
Commissioner David C. Ritz
Commissioner Julio Margalli
Commissioner James Cameron
YES
YES
YES
YES
YES
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
By
Lynn Mapes, Chair
Signed this
day of
,2004.
P59-04 Goal] 05 Tier map amend.PC Resolution. corrected
Page 3 of3
DRC RESOLUTION NO. D27-04
,'.
A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT REVIEW
COMMITTEE RECOMMENDING APPROVAL TO THE PLANNING COMMISSION
OF THE REQUEST BY THE MONROE COUNTY PLANNING DEPARTMENT TO
AMEND THE LAND USE DISTRICT MAPS TO INCLUDE THE TIER OVERLAY
DISTRICT ON ALL LAND IN UNINCORPORATED MONROE COUNTY IN THE
FLORIDA KEYS BETWEEN KEY WEST AND OCEAN REEF. BOUNDARIES FOR
TIER I, TIER II AND TIER III ARE DESIGNATED AS REQUIRED IN GOAL 105
OF THE 2010 COMPREHENSIVE PLAN FOLLOWING THE CRITERIA IN
SECTION 9.5-256.
WHEREAS, the Monroe County Development Review Committee, during a regular meeting held on
September 9, 2004, conducted a review and consideration of the request filed by the Monroe County Planning
Department proposing amendments to the Monroe County Land Development Regulations to implement Goal
105 of the 2010 Comprehensive Plan and the Tier Overlay system;
WHEREAS, Goal 105 provides a framework for future development and land acquisition for the ~ext
20 years that considers the carrying capacity of the Florida Keys, reduces sprawl and promotes sustainability;
WHEREAS, Tier Maps were developed following the criteria in 00al105, utilizing computer mapping
(OIS), identifying areas appropriate for additional development and those, which are important environmentally
and should be preserved.
WHEREAS, The boundaries for the Tier Maps were drawn using environn1ental and development
information and digital data from the Florida Keys Carrying Capacity Study (FKCCS), the Planning
Department and the Property Appraisers Office and refined through site visits by the County Biologists and
Planners.
WHEREAS, hammock size is a major determinate of habitat quality according to the FKCCS,
therefore size and connectivity are used in determining the boundary of the Tiers to identify the best and
most important terrestrial habitat areas for preservation.
WHEREAS, Tier I includes all contiguous hammock areas above four acre& and restoration areas
between fragmented smaller hammock patches to increase the hammock size and buffers where possible.
Hammock size is a major determinate of habitat quality according to FKCCS, which is why size and
connectivity were used to identify the best and most important terrestrial habitat areas for preservation.
WHEREAS, Tier II contains smaller hammock patches isolated by surrounding development; the
quality is reduced because of the negative secondary impacts of development. These areas still contain a
large number of undeveloped lots.
WHEREAS, Tier In is appropriate for additional infill development because of the location and amount
of existing development in the areas designated.
WHEREAS, adding new section 9.5-256, Tier Overlay District provides criteria for the designation of
Tier Boundaries and provides a mechanism for Tier overlay maps amendments;
WHEREAS, the Tier Maps, when adopted, will become an overlay to the Land Use District Map;
WHEREAS, the Tier maps were reviewed by Ricardo Calvo, our consultant, who also was the project
manager of the Florida Keys Carrying Capacity Study. The Overlay Tier Maps are the basis of an elegant
system for protecting the valuable habitat of the Keys and preventing sprawl;
WHEREAS, ROGO has been completely redrafted utilizing the Tier System as it's basis;
WHEREAS, the County Land Acquisition Master Plan will be based on the tier designation;
BE IT RESOLVED BY THE DEVELOPMENT REVIE'V COMMITTEE OF MONROE COUNTY,
FLORIDA, to recommend APPROVAL to the Monroe County Planning Commission, of the Tier Overlay
Map Amendment to the Monroe County LAND USE DISTRICT MAP.
PASSED AND ADOPTED by the Development Review Committee of Monroe County, Florida, at a regular
meeting held on the 9th of September, 2004.
Aref Joulani, DRC Chair
Jason King, Planner
David Dacquisto
Andrew Trivette, Biologist
Ralph Gouldy, Senior Environmental Resources Planner
Department of Public Works
Department of Engineering
Department of Health
YES
YES
YES
YES
YES
YES
YES
YES
DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY
BY
Aref Joulani, DRC Chair
Signed this 9th day of September, 2004.
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Monroe County Tier Overlay District Map
Map 12: Mile Marker 91 to 94
Tier Designation
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Monroe County
Planning and Environmental
Resources Department
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Monroe County Tier Overlay District Map
Ma 13: Mile Marker 94 to 98
Tier Designation
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. Mile Marker
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Monroe County
Planning and Environmental
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Monroe County Tier Overlay District Map
Ma 14: Mile Marker 98 to 103
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Tier Designation
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Monroe County
Planning and Environmental
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Tier Designation
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Monroe County
Planning and Environmental
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Monroe County Tier Overlay District Map
Map 16: SR 905 - Mile Marker 1 to 10
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.. Tier III
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This map is lor Monroe County Growth Management Ow ision
purposes only. The data contained herein is illustrative and may
not accurately depict boundaries. parcels. roads. rights-ol-way.
odentification inlormation.
1
1.5
2
Miles
Prepared by: VR Date: 03,01 iD5
Tier System Harvey Gov. Center Key West
April 20, 2005 PM
For the record my name is H. T. Pontin, a WW n veteran still fighting for property rights
Wjtt.R ~AotJT
My wife and I bought. property 1968 and everything on it to make money, not to get
points. Property rights are one of the most important reasons that made this country
great.
There were no Endangered Species on the property for 18-20 years Any newly created
Endangered Species after that should be removed and place in a sanctuary or Zoo.
Private property is neither. Anyone who claims any jurisdiction of something that is on
my private property should pay me to leave it or buy it and remove it.
Mangroves were worth $25,000.00 per acre to the people of the United States if they
were destroyed about 1985 on private property. Who knows what our property is worth
today for growing things on. If the county is claiming my mangroves make my property
a tier one, two or three then they must compensate me for growing them on my property
or remove them. If not they are mine to do with what I want without penalties. Maybe
you can get Last Stand or some environmental organization to payor remove them.
I also am handing in a copy of what I placed on the record March 17,2005. I request that
the Tier System, which adversely effects the owners' property rights and jurisdiction be
put on hold, like my fill application is, until a ruling on my case is made by the court.
Any questions or comments?
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Tier System Marathon Gov. Center March 17, 2005
For the record my name is H. T. Pontin
May 3, 1968 I bought 3 land parcels on the west end of Big Pine Key bordering U.S. # 1
and everything on it.
Oct. 30, 1980 Case # 74-37-CA-17 Judge Gomez awarded me the balance of the 20 acres
and the Bay Bottom with everything on them to do with them whateVer I wished.
Jan. 3, 1984 I applied for a county pennit to fill in to plant trees. The state had not
approved the County Comprehensive 2010 Use plan. The U. S. Anny Corps had no
jurisdiction above the Mean High Water Line to approve or deny.
March 1984 A Joint application was initiated instead of two separate applications for a
state and corps permit.
May 12, 1984 I filed for the now required, Joint Permit from the D .E.R. and Corps of
Engineers with a $1,000.00 fee. Jurisdiction was not questioned at that time.
May 21, 1984 My Momoo County Jan. 3, 1984 permit was denied
July 13, 1984 The Anny Corps denied my joint permit as they could not issue a permit
until I first received one from Momoe County.
Sept. 4. 1984 I filed for a new County fill permit paying another fee.
Sept. 14, 1984 Monroe County Sept 4, 1984 permit and the Joint State and Corps permit
both needed the others permit first in order to grant or deny a fill permit thereby creating
a catch 22.
Feb. 28, 1986 The new County Comprehensive 2010 land Use Plan was adopted and
became effective with the State and Corps Sept 15, 1986.
April 15, 1986 Mr. Charles Pattison, working for Monroe County, put my Sept. 4, 1985
fill application on hold.
Up until this time permits could have been granted or denied as there were no Tier
System regulations. I have tried many times to offer a solution but the answer is always
put in writing that, "no comments can be made as you have a case pending".
Property rights are upheld by the U. S. Supreme Court. Therefore, I request that the Tier
System, which adversely effects the owners' property rights and jurisdiction be put on
hold, like my fill application is, until a ruling on my case is made by the court.
H. T. Pontin, 951 W. Indies Dr., Ramrod Key, Fl. 33042
o 12604 TAX
U. S. Government Lot #1 line moved 153 feet North & South by State &
County. 43560 sq. ft. (Acre) 153 x 400 = 61,200 sq. ft. or 1.2+ acres
1951 original 1951 --- S
1955 Cahill--- N
1965 Olson --- S
1968 Pontin --- S
1966 Pine Channel --- N
1971 Permit --- S
Beneficial Use, Overby recommended not ordered. 'Denied' at Jan. 13,
1999 County Corom. Meeting. Neugent - Freeman - Williams, approved
May 3, 1989 County sold the Tax Certificate for 153 feet by 400 feet that
Mr. Urban Fulton paid taxes on when the govermnentiorline-#-l was based- .
to the south and we both paid taxes on when the State and County moved the
government lot line # 1 to the North. 21 years
March 26, 1994 I paid Les Hem by Check #0391 $1700.00 for the Tax
Certificate he had purchased.
All my checks were lost in 1998 hurricane but check #0391 was returned by
someone who had found it.
Ms. Teresa Tinker
Aide to Gov. Bush
The capitol
Tallahassee, Fl.
Fax: 1-850-922-0666
March 12, 2004
Dear Ms. Tinker,
I am sorry that I have not been able to talk to you the last several days but was glad
I could convey my problem, asking for your assistance, to Bonny in your office.
As the State has placed me on a time limit for a fill permit I need a yes or no about
Governor Bush approving my offer to exchange eight acres of Tier 1 property for 4
acres of the State Tier 3 property in the same parcel of land on Big Pine Key. In
1980 Judge Garcia ruled the one acre of Tier 1 property he ordered me to give to
the owner of the Tier 3 property was of the same value as the property I received.
CARL paid $420,000.00 for the 4 acres. At a $105,000.00 per acre I feel the State
is getting a bargain. Please try to send me an answer in the next few days as it is
very important to me to help solve this twenty year problem. My Fax No. is 1-350-
0208.
Yours truly
H.T.Pontin
951 W. Indies Dr.
Ramrod Key, Fl. 33042
1-305-872-2246
"MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MEETING
APRIL 20, 2005
PUBLIC HEARING: TIER process
April 20, 2005
RE: proposed ammendment to LDRS 9.5-256
Agenda item T. 6. e
I will read directly from prepared statements with a copy available for the record.
Good evening commissioners, county ~mbled citizens. In the interest of
full disclosure I declare that the commercial property owned by our family business is currently
involved in a purported mechanism for TIER Overlay District Map ammendments, the very same
issue we are here to discuss. Please note that we are already IN PROCESS before the stated
first of two hearings has begun.
I am a citizen wishing to be informed, nothing more. Should any information given by me
tonight be deemed not fully supported by the facts this does not invalidate any other
information or question posed by me tonight.
These questions are not intended to be rhetorical, but are honest queries from a citizen
struggling to be informed. I trust that the Commission and the County Administrator will give
honest consideration to discovering answers and communicating them to the public before
moving forward with this dramatic change to our county processes.
All references to 'the memo' are referring to the April 6, 2005 memo from Tim McGarry, Director
of Growth Management to the Board of County Commissioners.
1) Is it your intent to simply accept the statements of Growth Management in regard
to these serious matters, specifically the memo, without requiring fully
substantiating documentation as is required by any citizen who might be heard
before Growth Management itself on matters of planning or land use? Re: FL
Forever/cost of individual notices/language differences between ordinance/memo
describing TIER I
2) Why does the memo of not include a cost analysis for sending TIER 1/11
notification to property owners via certified mail or inclusion in tax bills rather than
sensationalizing the predicted cost? What cost could compare to the current
litigation costs to the county piling up annually?
3) What is the county staff job description if not to respond to citizen queries despite
the assertion in the memo that anxious property owners would call and
'overwhelm the staff with numerous questions' if formal TIER 1/11 notification
arrived in the mail? .
$e..t'\ d --r ~c:-
-,
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MEETING
APRil.. 20, 2005
PUBLIC HEARING: TIER process
4) Does the BOCC support the current state of public education on these issues,
simply because it is in excess of that required by law or code as stated in the
memo, rather than a greater effort at public education that results in an informed
citizenry?
5) Could the current lack of adequate public education be secondary to lack of an
understandable or palatable plan on the part of county government? Could it also
be secondary to the county planners being with out the experience, regulation and
guidelines necessary to explain complex issues to layfolk?
6) Why is county staff utilizing valuable resources to research and prepare responses
to TIER change requests and schedule hearings on TIER change requests ONLY to
object to TIER changes when the county commission has not even agreed on
clear TIER guidelines? Why are citizens chasing their tails to prepare for these
same hearing?
7) Why is the county commission allowing this apparent gross mismanagement of
our tax dollars by having approved the TIER system in principal without defining
the details and supporting the use of our tax dollars to facilitate poorly defined
processes that have not even completed the required public hearing phase of
review before requiring the citizenry to participate? Is this a little like a cat chasing
its tail??
I thank you for your attention and eagerly await written respnse to my questions, hopefully in
words that the general public can understand.
I remain,
Your concerned and attentive citizen,
Margaret Jolly
From the Earth and Sea, Inc.
936 Crane Blvd
Sugarloaf Key, FL 33042