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Item B3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: February 13.2012 Division: Growth Management Bulk Item: Yes_ No X Department: Planning&Environmental Resources Staff Contact Person: Christine Hurley.AICP Director of Growth Management Ext#2517 AGENDA ITEM WORDING: Consideration of a resolution to transmit to the State Land Planning Agency an ordinance by the Monroe County Board of County Commissioners amending Policies 101.5.4 and 101.5.5 of the Monroe County 2010 Comprehensive Plan to address the land dedication of wetland parcels as well as the dedication of parcels designated as Tier III-A within the allocation point system. ITEM BACKGROUND: Upland habitat is protected through the Tier System and the permit allocation system. Under the Tier System, all lands, outside of mainland Monroe County, are designated into three general categories for purposes of land acquisition and smart growth initiatives. These three categories are Tier I (Natural Area); Tier II (Transition and Sprawl Reduction Area on Big Pine Key and No Name Key only); and Tier III (Infill Area, which includes Tier III-A, Special Protection Area). To provide additional protection to wetland communities and further direct growth to disturbed and scarified areas, an lir .....amendment is proposed to the permit allocation scoring system to assign points for the dedication of parcels that contain wetlands as well as the dedication of Tier III-A (Special Protection Area-SPA) parcels. Currently, the Comprehensive Plan does not include Tier III-A parcels under land dedication crieteria of the permit allocation system. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES:None STAFF RECOMMENDATIONS: Approval TOTAL COST: INDIRECT COST: BUDGETED: Yes No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes_ No AMOUNT PER MONTH Year APPROVED BY: County Atty x OMB/Purchasing_ Risk Management DOCUMENTATION: Included x Not Required DISPOSITION: AGENDA ITEM# �qI II31 IN MONROE COUNTY,FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RESOLUTION NO. -2012 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS TRANSMITTING TO THE STATE LAND PLANNING AGENCY AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING POLICIES 101.5.4 AND 101.5.5 OF THE MONROE COUNTY 2010 COMPREHENSIVE PLAN TO ASSIGN POINTS, UNDER ROGO AND NROGO, FOR THE DEDICATION OF PARCELS THAT CONTAIN WETLANDS OR THE DEDICATION OF PARCELS DESIGNATED AS TIER III-A (SPECIAL PROTECTION AREA). WHFREAS,The Monroe County Board of County Commissioners conducted a public hearing for the purpose of considering the transmittal to the State Land Planning Agency a proposed amendment to the Monroe County 2010 Comprehensive Plan amending Policies 101.5.4 and 101.5.5 to assign points, under ROGO and NROGO, for the dedication of parcels that contain wetlands or the dedication of parcels designated as TIER III-A(Special Protection Area). WHEREAS, the Monroe County Planning Commission and the Monroe County Board of County Commissioners support the requested text amendment; NOW THERFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1: The Board of County Commissioners does hereby adopt the recommendation of the Planning Commission to transmit the draft ordinance for adoption of the proposed text amendment. Section 2: The Board of County Commissioners does hereby transmit the proposed amendment to the Florida Department of Economic Opportunity for review and comment in accordance with the provisions of Chapter 163.3184, Florida Statutes. Section 3. The Monroe County staff is given authority to prepare and submit the required transmittal letter and supporting documents for the proposed amendment. Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this resolution to the Director of Planning. 1 f PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,Florida, ` at a special meeting held on the 13th day of February,2012. Mayor David Rice Mayorpro tern Kim Wigington Commissioner Heather Carruthers Commissioner George Neugent Commissioner Sylvia Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA BY Mayor David Rice (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK MO dROE COUNTY ATTORNEY '✓� A PROVED AS O FORM Date: kw DEPUTY CLERK L 2 4,0i4m ift MONROE COUNTY,FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ORDINANCE NO. -2012 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING POLICIES 101.5.4 AND 101.5.5 OF THE MONROE COUNTY 2010 COMPREHENSIVE PLAN TO ASSIGN POINTS, UNDER ROGO AND NROGO, FOR THE DEDICATION OF PARCELS THAT CONTAIN WETLANDS OR THE DEDICATION OF PARCELS DESIGNATED AS TIER III-A (SPECIAL PROTECTION AREA); PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR THE TRANSMITTAL TO THE STATE LAND PLANNING AGENCY; PROVIDING FOR THE FILING WITH THE SECRETARY OF STATE AND FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE INCLUSION IN THE MONROE COUNTY 2010 COMPREHENSIVE PLAN kWHEREAS, the Monroe County Development Review Committee considered the proposed amendment at a regularly scheduled meeting held on the 17th day of October,2011; and WHEREAS, at a regularly scheduled meeting held on the Is`day of December, 2011,the Monroe County Planning Commission held a public hearing for the purpose of considering the transmittal to the State Land Planning Agency, for review and comment, a proposed amendment to the Monroe County Year 2010 Comprehensive Plan; and WHEREAS,the Monroe County Planning Commission made the following Findings: 1. All lands, outside of mainland Monroe County, are designated into three general categories for purposes of land acquisition and smart growth initiatives. These three categories are Tier I (Natural Area); Tier II (Transition and Sprawl Reduction Area on Big Pine Key and No Name Key only); and Tier III (Infill Area, which includes Tier III-A, Special Protection Area). 2. While the Tier System directs growth away from upland habitat to infill areas,the criteria for the tier designations does not include wetlands (as confirmed in the State of Florida, Department of Community Affairs Final Order DCA07-GM-166A (DOAH Case No. 06- 2449GM). The Comprehensive Plan does have other protective measures for wetland communities, such as requiring 100%open space for certain wetland communities. L Page 1 f 3. The amendment will provide additional protection to wetland communities and Tier III-A �I designated parcels and further direct growth to disturbed and scarified areas. 4. The amendment furthers the Principles for Guiding Development in the Florida Keys Area of Critical State Concern. WHEREAS, at a special meeting held on 13th day of February, 2012, the Monroe County Board of County Commissioners held a public hearing to consider the transmittal of the proposed amendment. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. The Monroe County 2010 Comprehensive Plan is amended as follows: (Deletions are stfiekeirthrough and additions are underlined.) Policy 101.5.4 Monroe County shall implement the residential Permit Allocation and Point System through its land development regulations based primarily on the Tier system of land classification as set forth under Goal 105. The points are intended to be applied cumulatively. 1. Tier Designation - Utilizing the Tier System for land classification in Policy 105.2.1, the following points shall be assigned to allocation applications for proposed dwelling units in a manner that encourages development of infill in predominately developed areas with existing infrastructure and few sensitive environmental features and discourages development in areas with environmentally sensitive upland habitat which must be acquired or development rights retired for resource conservation and protection. Point Assignment: Criteria: +0 Proposes a dwelling unit within areas designated Tier I [Natural Area] on Big Pine Key and No Name Name Key. +10 Proposes a dwelling unit within areas designated Tier I [Natural Area] outside of Big Pine Key or No Name Key. +10 Proposes development within areas designated Tier II [Transition and Sprawl Reduction Area on Big Pine Key or No Name Key.] +20 Proposes development within areas designated Tier III [Infill Area] on Big Pine Key or No Name Key. Proposes development within areas designated Tier III [Infill Area] +20 outside of Big Pine Key or No Name Key that will result in the clearing of upland native vegetation within a Special Protection Area. Page 2 `, Proposes development within areas designated Tier III [Infill Area] +30 outside of Big Pine Key or No Name Key that will not result in the clearing of any upland native vegetation within a Special Protection Area. 2. Big Pine and No Name Keys - The following negative points shall be cumulatively assigned to allocation applications for proposed dwellings to implement the Big Pine Key and No Name Key Habitat Conservation Plan and the Livable CommuniKeys Community Master Plan. Point Assignment: Criteria: -10 Proposes development on No Name Key. 10 Proposes development in designated Lower Keys Marsh Rabbit - habitat or buffer areas as designated in the Community Master Plan. 10 Proposes development in Key Deer Corridor as designated in the Community Master Plan. 411, 3. tot-Aggregation - The following points shall be assigned to allocation applications to encourage the voluntary reduction of density through aggregation of legally platted buildable lots within Tier II and Tier III areas. Point Assignment: Criteria: Each additional contiguous vacant, legally platted lot which is +4 aggregated in a designated Tier III area outside of Big Pine Key and No Name Key that meets the aforementioned requirements will earn additional points as specifieds Each additional contiguous vacant,legally platted lot which is +3 aggregated in a designated Tier II or III area on Big Pine Key and No Name Key that meets the aforementioned requirements will earn additional points as specified. *Exception: No points for lot aggregation will be awarded for any proposed development that involves the clearing of any upland native vegetation in a Tier III Special Protection Area. f 4. Land Dedication - The following points shall be assigned to allocation applications to �/ encourage, the voluntary dedication of vacant,buildable land within Tier I designated areas,end Page 3 Tier III-A Special Protection Areas (SPA), and parcels which contain undisturbed wetlands for the purposes of conservation, resource protection, restoration or density reduction and, if located in Tier III outside of Special Protection Areas, for the purpose of providing land for affordable housing where appropriate. Point Assignment:* Criteria:* Proposes dedication to Monroe County of one vacant, legally platted +4 lot of sufficient minimum lot size and upland area to be buildable. Each additional vacant, legally platted lot that meets the aforementioned requirements will earn points as specified. Proposes dedication to Monroe County of a vacant, legally platted lot of 5,000 square feet or more in size,designated as Residential +1 for each 5,000 square Low with a maximum net density within a Tier I area and containing feet of lot size sufficient upland area to be buildable. Each additional vacant, legally platted lot that meets the aforementioned requirements will earn points as specified. Proposes dedication to Monroe County of one(1) vacant, legally platted lot of at least 5,000 square feet in size within a Tier I area, +0.5 designated as Residential Conservation,or Residential Low with no maximum net density,containing sufficient upland to be buildable. - - - Each additional vacant, legally platted lot that meets the aforementioned requirements will earn points as specified. Proposes dedication to Monroe County of at least one(1) acre of vacant,unplatted land located within a Tier I area containing +4 sufficient upland to be buildable. Each additional one(1)acre of vacant,unplatted land that meets the aforementioned requirements will earn points as specified. Proposes dedication to Monroe County of one(1)vacant, legally +2 platted lot which contains undisturbed wetlands. Each additional vacant,legally platted lot that meets the aforementioned requirements will earn points as specified. Proposes dedication to Monroe County of one(1) vacant, legally platted lot, designated as Tier III-A(Special Protection Area-SPA) +2 of sufficient minimum lot size and containing sufficient upland area to be buildable. Each additional vacant, legally platted lot that meets the aforementioned requirements will earn points as specified. Page 4 ihe *Exception: Applications for a dwelling unit on Big Pine Key and No Name Key shall be awarded points for land dedication in accordance with Action Item 3.2.2 C of the Livable ConmiuniKeys Master Plan for Big Pine Key and No Name Key. 5. Market Rate Housing in Employee or Affordable Housing Project-The following points shall be assigned to allocation applications for market rate housing units in an employee or affordable housing project: Point Assignment: Criteria: Proposes a market rate housing unit which is part of an affordable or +6 employee housing project;both affordable and employee housing shall meet the policy guidelines for income in Policy 601.1.7 and other requirements pursuant to the Land Development Regulations 6. Special Flood Hazard Areas—The following points shall be assigned to allocation applications for proposed dwelling unit(s)to provide a disincentive for locating within certain coastal high flood hazard areas: 41100 Point Assignment Criteria: 4 Proposes development within"V"zones on the FEMA flood insurance rate maps. 7. Central Wastewater System Availability—The following points shall be assigned to allocation applications: Point Assignment: Criteria: Proposes development required to be connected to a central +4 wastewater treatment system that meets the BAT/AWT treatment standards established by Florida Legislature and Policy 901.1.1. S. Payment to the Land Acquisition Fund—Up to two (2)points shall be awarded for a monetary payment by the applicant to the County's land acquisition fund for the purchase of lands for conservation, and retirement of development rights. The monetary value of each point shall be set annually by the County based upon the estimated average fair market value of vacant, privately-owned,buildable IS/URM zoned, platted lots in Tier I. 9. Perseverance Points — One (1) point shall be awarded for each year that the allocation application remains in the allocation system up to a maximum accumulation of four(4)points. Page 5 Policy 101.5.5 Monroe County shall implement the non-residential Permit Allocation and Point System through its land development regulations based primarily on the Tier system of land classification pursuant to Goal 105. The points are intended to be applied cumulatively. 1. Tier Designation — Utilizing the Tier System for land classification in Policy 105.2.1, the following points shall be assigned to allocation applications for proposed non-residential development in a manner that encourages development of infill in predominately developed areas with existing infrastructure, commercial concentrations, and few sensitive environmental features, and discourages development in areas with environmentally sensitive upland habitat, which must be acquired or development rights retired for resource conservation and protection: Point Assignment: Criteria: Proposes non-residential development within an area designated Tier I [Natural Area], except for the expansion of lawfully +0 established non-residential development provided under"exception" below. Proposes non-residential development within an area designated +10 Tier II [Transition and Sprawl Reduction Area on Big Pine Key and No Name Key]. Proposes non-residential development that will result in the clearing +10 of any upland native vegetation within a Special Protection Area in Tier III. +20 Proposes non-residential development within an area designated Tier III [Infill Area]. *Exception: Any lawfully established non-residential development shall be assigned+20 points contingent upon no further clearing of upland native habitat and no addition to and/or expansion of the existing lot or parcel upon which the existing use is located. 2. Intensity Reduction - The following points shall be assigned to allocation applications to encourage the voluntary reduction of intensity: Point Assignment: Criteria: +4 An application proposes development that reduces the permitted floor area ratio (FAR)to twenty three percent(23%)or less. L Page 6 3. Land Dedication - The following points shall be assigned to allocation applications to encourage, the voluntary dedication of vacant, buildable land within Tier I and Tier II (Big Pine Key and No Name Key) designated areas, and Tier III-A (Special Protection Areas-SPA), and parcels which contain undisturbed wetlands for the purposes of conservation, resource protection,restoration or density reduction and, if located in Tier III outside of Special Protection Areas, for the purpose of providing land for affordable housing where appropriate. Point Assignment:* Criteria:* Proposes dedication to Monroe County of one(1)vacant, legally platted lot of sufficient minimum lot size and upland area to be +4 buildable. Each additional vacant,legally platted,buildable lot which is dedicated that meets the aforementioned requirements will earn the additional points as specified. Proposes dedication to Monroe County of a vacant legally planed lot of five thousand(5,000) square feet or more in size, designated as +1 for each 5,000 square Residential Low with maximum net density within a Tier I area and feet of lot size containing sufficient upland to be buildable. Each additional vacant, legally platted lot,that meets the aforementioned requirements will earn points as specified. Proposes dedication to Monroe County of one(1)vacant,legally platted lot of five thousand(5,000) square feet or more within a Tier +0.5 I area designated as Residential Conservation, or Residential Low with no maximum net density, containing sufficient upland to be buildable. Each additional vacant, legally platted lot that meets the aforementioned requirements will earn points as specified. Proposes dedication to Monroe County of at least one(1)acre of vacant,unplatted land located within a Tier I area containing +4 sufficient upland to be buildable. Each additional one(I) acre of vacant,unplatted land that meets the aforementioned requirements will earn the points as specified. Proposes dedication to Monroe County of one(I) vacant, legally +2 platted lot which contains undisturbed wetlands. Each additional vacant,legally platted lot that meets the aforementioned requirements will earn points as specified. Proposes dedication to Monroe County of one(1) vacant, legally platted lot, designated as Tier III-A(Special Protection Area-SPA) +2 of sufficient minimum lot size and containing sufficient upland area to be buildable. Each additional vacant, legally platted lot that meets the aforementioned requirements will earn points as specified. Page 7 L 4. Special Flood Hazard Area - The following points shall be assigned to allocation applications to discourage development within high risk special flood hazard zones: Point Assignment: Criteria: 4 Proposes development within"V"zones on the FEMA flood - insurance rate maps. 5. Perseverance Points - One(1) or two (2)points shall be awarded for each year that the allocation application remains in the system. 6. Highway Access - The following points shall be assigned to allocation applications to encourage connections between commercial uses and reduction of the need for trips and access onto U.S. Highway l: Point Assignment: Criteria: +3 The development eliminates an existing driveway or access-way to U.S. Highway 1. +2 The development provides no new driveway or access-way to U.S. Highway 1. 7. Landscaping and Water Conservation - The following points shall be assigned to allocation applications to encourage the planting of native vegetation and promote water conservation: Point Assignment: Criteria: The project provides a total of two hundred percent(200%) of the +3 number of native landscape plants on its property than the number of native landscape plants required by this chapter within landscaped bufferyards and parking areas. Twenty-five percent(25%)of the native plants provided to achieve +1 the three (3)point award above or provided to meet the landscaped bufferyard and parking area requirements of this chapter are listed as threatened or endangered plants native to the Florida Keys. Project landscaping is designed for water conservation such as use of one hundred percent(100%)native plants for vegetation, +2 collection and direction of rainfall to landscaped areas,or the application of re-used wastewater or treated seawater for watering landscape plants. Page 8 ( 8. Central Wastewater System Availability— The following points shall be assigned to allocation applications: Point Assignment: Criteria: Proposes development required to be connected to a central +4 wastewater treatment system that meets the BAT/AWT treatment standards established by Florida Legislature and Policy 901.1.1. 9. Employee Housing— The following points, up to a maximum of four (4), shall be assigned to allocation applications for employee housing units: Point Assignment: Criteria: +2 Proposes an employee housing unit which is located on a parcel with a non-residential use. 10. Payment to the Land Acquisition Fund — Up to two (2) points shall be awarded for a monetary payment by the applicant to the County's land acquisition fund for the purchase of lands for ( conservation, and retirement of development rights. The monetary value of each point shall be 111/ —set—annually by the County based upon the estimated average fair market value of vacant, privately-owned,buildable IS/URM zoned,platted lots in Tier I. Section 2. Severability. If any section, subsection, sentence, clause, item, change, or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such validity. Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to the State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes. Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the secretary of the State of Florida but shall not become effective until a notice is issued by the State Land Planning Agency or Administration Commission finding the amendment in compliance with Chapter 163, Florida Statutes and after any applicable appeal periods have expired. Section 6. Inclusion in the Comprehensive Plan. The number of the foregoing amendment may be renumbered to conform to the numbering in the Monroe County 2010 Comprehensive Plan and shall be incorporated into the Monroe County 2010 ( Comprehensive Plan. �/ Page 9 E PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, 111/ at a special meeting held on the day of 2012. Mayor David Rice Mayor pro tern Kim Wigington Commissioner Heather Carruthers Commissioner George Neugent Commissioner Sylvia Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA BY Mayor David Rice (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK fipr DEPUTY CLERK Page 10 IIEar ANSI 4 MEMORANDUM 5 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT 6 We strive to be caring,professional and fair 7 8 To: Monroe County Board of County Commissioners 9 10 Through: Christine Hurley, MCP,Director of Growth Management 11 Townley Schwab, Senior Director of Planning& Environmental Resources 12 Mayte Santamaria,Assistant Director of Planning&Environmental Resources 13 14 From: Kathy Grasser,Comprehensive Planner 15 16 Date: January 23,2012 17 18 Subject: Request for an amendment to the Monroe County 2010 Comprehensive Plan to 19 address the land dedication of wetland parcels as well as the dedication of parcels 20 designated as Tier ID-A within the allocation point system. 21 22 Meeting: February 13,2012 i I. REQUEST 25 26 This is a request by Monroe County to amend the Monroe County 2010 Comprehensive Plan to 27 amend Policies 101.5.4 and 101.5.5 to assign points, under ROGO and NROGO, for the dedication 28 of parcels that contain wetlands as well as the dedication of Tier III-A (Special Protection Area- 29 SPA)parcels. 30 31 II. BACKGROUND INFORMATION 32 33 Upland habitat is protected through the Tier System and the permit allocation system. Under the 34 Tier System, all lands, outside of mainland Monroe County, are designated into three general 35 categories for purposes of land acquisition and smart growth initiatives. These three categories are 36 Tier I (Natural Area); Tier II (Transition and Sprawl Reduction Area on Big Pine Key and No Name 37 Key only); and Tier III(Infill Area,which includes Tier III-A, Special Protection Area). 38 39 While the Tier System directs growth away from upland habitat to infill areas, the criteria for the tier 40 designations do not include wetlands (as confirmed in the State of Florida, Department of 41 Community Affairs Final Order DCA07-GM-166A (DOAH Case No. 06-2449GM). The 42 Comprehensive Plan does have other protective measures for wetland communities, such as 43 requiring 100%open space for certain wetland communities. 44 1 Wetland communities provide important storm protection, water quality protection, and wildlife �2 habitat functions. In particular, the following wetland communities: 3 4 • mangrove forests along the shorelines of the Keys; 5 • transitional wetlands (salt marsh and buttonwood wetlands) lying landward of the mangrove 6 fringe and oceanward of upland communities; 7 • salt ponds occupying shallow enclosed basins having very restricted tidal influence; 8 • freshwater wetlands and freshwater ponds in areas of freshwater lenses in the Lower Keys. 9 10 To provide additional protection to wetland communities and further direct growth to disturbed and 11 scarified areas, an amendment is proposed to the permit allocation scoring system to assign points to 12 donated parcels that contain wetlands as well as the dedication of Tier III-A (Special Protection 13 Area-SPA) parcels. 14 15 Considering the goals, objectives and policies of the 2010 Comprehensive Plan which protect 16 habitat, there is every reason to protect wildlife habitat by reducing the number of lots available to 17 build on, thereby reducing overall density. This amendment allows the County to accept for land 18 dedication lots with wetlands as well as the dedication of Tier III-A (Special Protection Area-SPA) 19 parcels. 20 21 III. PROPOSED AMENDMENTS 22 f '3 Policy 101.5.4 `/y Monroe County shall implement the residential Permit Allocation and Point System through its land 25 development regulations based primarily on the Tier system of land classification as set forth under Goal 26 105. The points are intended to be applied cumulatively. 27 28 1. Tier Designation - Utilizing the Tier System for land classification in Policy 105.2.1, the 29 following points shall be assigned to allocation applications for proposed dwelling units in a 30 manner that encourages development of infill in predominately developed areas with existing 31 infrastructure and few sensitive environmental features and discourages development in areas 32 with environmentally sensitive upland habitat which must be acquired or development rights 33 retired for resource conservation and protection. 34 Point Assignment: Criteria: Proposes a dwelling unit within areas designated Tier I [Natural Area] on Big Pine Key and No Name Name Key. +10 Proposes a dwelling unit within areas designated Tier I [Natural Area] outside of Big Pine Key or No Name Key. +10 Proposes development within areas designated Tier II [Transition and Sprawl Reduction Area on Big Pine Key or No Name Key.] 2011-108 Land Dedications Wetlands Page 2 of 14 111/ +20 Proposes development within areas designated Tier III [Infi11 Area] on Big Pine Key or No Name Key. Proposes development within areas designated Tier III [Infill Area] +20 outside of Big Pine Key or No Name Key that will result in the clearing of upland native vegetation within a Special Protection Area. Proposes development within areas designated Tier III [Infill Area] +30 outside of Big Pine Key or No Name Key that will not result in the clearing of any upland native vegetation within a Special Protection Area. 1 2 2. Big Pine and No Name Keys - The following negative points shall be cumulatively assigned to 3 allocation applications for proposed dwellings to implement the Big Pine Key and No Name Key 4 Habitat Conservation Plan and the Livable CommuniKeys Community Master Plan. 6 Point Assignment: Criteria: -10 Proposes development on No Name Key. 41/ -10 Proposes development in designated Lower Keys Marsh Rabbit habitat or buffer areas as designated in the Community Master Plan. -10 Proposes development in Key Deer Corridor as designated in the Community Master Plan. 6 7 3. Lot Aggregation — The following points shall be assigned to allocation applications to 8 encourage the voluntary reduction of density through aggregation of legally platted buildable lots 9 within Tier II and Tier III areas. 10 Point Assignment: Criteria: Each additional contiguous vacant, legally platted lot which is +4 aggregated in a designated Tier III area outside of Big Pine Key and No Name Key that meets the aforementioned requirements will earn additional points as specified& Each additional contiguous vacant, legally platted lot which is +3 aggregated in a designated Tier II or III area on Big Pine Key and No Name Key that meets the aforementioned requirements will earn additional points as specified. C 2011-108 Land Dedications Wetlands Page 3 of 14 `r *Exception: No points for lot aggregation will be awarded for any proposed development that involves the clearing of any upland native vegetation in a Tier III Special Protection Area. 1 2 4. Land Dedication — The following points shall be assigned to allocation applications to 3 encourage, the voluntary dedication of vacant, buildable land within Tier I designated areas,and 4 Tier III-A Special Protection Areas (SPA), and parcels which contain undisturbed wetlands for 5 the purposes of conservation, resource protection, restoration or density reduction and, if located 6 in Tier III outside of Special Protection Areas, for the purpose of providing land for affordable 7 housing where appropriate. 8 Point Assignment:* Criteria:* Proposes dedication to Monroe County of one vacant, legally platted lot of sufficient minimum lot size and upland area to be buildable. Each additional vacant, legally platted lot that meets the aforementioned requirements will earn points as specified. [ Proposes dedication to Monroe County of a vacant, legally platted �I lot of 5,000 square feet or more in size, designated as Residential +1 for each 5,000 square Low with a maximum net density within a Tier I area and containing feet of lot size sufficient upland area to be buildable. Each additional vacant, legally platted lot that meets the aforementioned requirements will earn points as specified. Proposes dedication to Monroe County of one(1) vacant, legally platted lot of at least 5,000 square feet in size within a Tier I area, +0.5 designated as Residential Conservation, or Residential Low with no maximum net density, containing sufficient upland to be buildable. Each additional vacant, legally platted lot that meets the aforementioned requirements will earn points as specified. Proposes dedication to Monroe County of at least one (1) acre of vacant, unplatted land located within a Tier I area containing +4 sufficient upland to be buildable. Each additional one (I) acre of vacant, unplatted land that meets the aforementioned requirements will earn points as specified. Proposes dedication to Monroe County of one (1) vacant, legally +2 platted lot which contains undisturbed wetlands. Each additional vacant, legally platted lot that meets the aforementioned 411184 requirements will earn points as specified. 2011-108 Land Dedications Wetlands Page 4 of 14 Proposes dedication to Monroe County of one(1) vacant, legally platted lot, designated as Tier III-A (Special Protection Area-SPA) +2 of sufficient minimum lot size and containing upland area to be buildable. Each additional vacant, legally platted lot that meets the aforementioned requirements will earn points as specified. *Exception: Applications for a dwelling unit on Big Pine Key and No Name Key shall be awarded points for land dedication in accordance with Action Item 3.2.2 C of the Livable CommuniKeys Master Plan for Big Pine Key and No Name Key. 1 2 5. Market Rate Housing in Employee or Affordable Housing Project- The following points 3 shall be assigned to allocation applications for market rate housing units in an employee or 4 affordable housing project: 5 Point Assignment: Criteria: Proposes a market rate housing unit which is part of an affordable or +6 employee housing project; both affordable and employee housing shall meet the policy guidelines for income in Policy 601.1.7 and other requirements pursuant to the Land Development Regulations 411116 7 6. Special Flood Hazard Areas—The following points shall be assigned to allocation applications 8 for proposed dwelling unit(s) to provide a disincentive for locating within certain coastal high 9 flood hazard areas: 10 Point Assignment: Criteria: 4 Proposes development within"V" zones on the FEMA flood - insurance rate maps. 11 12 7. Central Wastewater System Availability—The following points shall be assigned to allocation 13 applications: 14 Point Assignment: Criteria: Proposes development required to be connected to a central +4 wastewater treatment system that meets the BAT/AWT treatment standards established by Florida Legislature and Policy 901.1.1. 15 16 8. Payment to the Land Acquisition Fund—Up to two(2) points shall be awarded for a monetary F '' payment by the applicant to the County's land acquisition fund for the purchase of lands for conservation, and retirement of development rights. The monetary value of each point shall be 2011-108 Land Dedications Wetlands Page 5 of 14 ( set annually by the County based upon the estimated average fair market value of vacant, kw; privately-owned, buildable IS/URM zoned, platted lots in Tier I. 3 4 9. Perseverance Points — One (1) point shall be awarded for each year that the allocation 5 application remains in the allocation system up to a maximum accumulation of four(4)points. 6 7 Policy 101.5.5 8 Monroe County shall implement the non-residential Permit Allocation and Point System through its land 9 development regulations based primarily on the Tier system of land classification pursuant to Goal 105. 10 The points are intended to be applied cumulatively. 11 12 1. Tier Designation — Utilizing the Tier System for land classification in Policy 105.2.1, the 13 following points shall be assigned to allocation applications for proposed non-residential 14 development in a manner that encourages development of infill in predominately developed 15 areas with existing infrastructure, commercial concentrations, and few sensitive environmental 16 features, and discourages development in areas with environmentally sensitive upland habitat, 17 which must be acquired or development rights retired for resource conservation and protection: 18 Point Assignment: Criteria: Proposes non-residential development within an area designated +0 Tier I [Natural Area], except for the expansion of lawfully established non-residential development provided under "exception" ihr below. Proposes non-residential development within an area designated +10 Tier II [Transition and Sprawl Reduction Area on Big Pine Key and No Name Key]. Proposes non-residential development that will result in the clearing +10 of any upland native vegetation within a Special Protection Area in Tier III. +20 Proposes non-residential development within an area designated Tier III [Infill Area]. *Exception: Any lawfully established non-residential development shall be assigned +20 points contingent upon no further clearing of upland native habitat and no addition to and/or expansion of the existing lot or parcel upon which the existing use is located. 19 20 4100 2011-108 Land Dedications Wetlands Page 6 of 14 2. Intensity Reduction - The following points shall be assigned to allocation applications to 3 encourage the voluntary reduction of intensity: 4 Point Assignment: Criteria: An application proposes development that reduces the permitted floor area ratio (FAR)to twenty three percent(23%) or less. 5 6 3. Land Dedication - The following points shall be assigned to allocation applications to 7 encourage, the voluntary dedication of vacant, buildable land within Tier I and Tier II (Big Pine 8 Key and No Name Key) designated areas, and Tier III-A (Special Protection Areas-SPA), and 9 parcels which contain undisturbed wetlands for the purposes of conservation, resource 10 protection, restoration or density reduction and, if located in Tier III outside of Special Protection 11 Areas, for the purpose of providing land for affordable housing where appropriate. 12 Point Assignment:* Criteria:* Proposes dedication to Monroe County of one(1) vacant, legally platted lot of sufficient minimum lot size and upland area to be +4 buildable. Each additional vacant, legally platted, buildable lot which is dedicated that meets the aforementioned requirements will earn the additional points as specified. Proposes dedication to Monroe County of a vacant legally platted lot of five thousand (5,000) square feet or more in size, designated as +1 for each 5,000 square Residential Low with maximum net density within a Tier I area and feet of lot size containing sufficient upland to be buildable. Each additional vacant, legally platted lot, that meets the aforementioned requirements will earn points as specified. Proposes dedication to Monroe County of one (1) vacant, legally platted lot of five thousand(5,000) square feet or more within a Tier +0.5 I area designated as Residential Conservation, or Residential Low with no maximum net density, containing sufficient upland to be buildable. Each additional vacant, legally platted lot that meets the aforementioned requirements will earn points as specified. Proposes dedication to Monroe County of at least one (1)acre of vacant, unplatted land located within a Tier I area containing +4 sufficient upland to be buildable. Each additional one (1) acre of vacant, unplatted land that meets the aforementioned requirements will earn the points as specified. 13 2011-108 Land Dedications Wetlands Page 7 of 14 L Proposes dedication to Monroe County of one(I) vacant, legally w +2 platted lot which contains undisturbed wetlands. Each additional vacant, legally platted lot that meets the aforementioned requirements will earn points as specified. Proposes dedication to Monroe County of one (1) vacant, legally platted lot, designated as Tier III-A(Special Protection Area-SPA) +2 of sufficient minimum lot size and containing upland area to be buildable. Each additional vacant. legally platted lot that meets the aforementioned requirements will earn points as specified. 1 2 4. Special Flood Hazard Area - The following points shall be assigned to allocation applications to 3 discourage development within high risk special flood hazard zones: 4 Point Assignment: Criteria: 4 Proposes development within"V" zones on the FEMA flood insurance rate maps. 5 6 5. Perseverance Points - One (1) or two (2) points shall be awarded for each year that the allocation 7 application remains in the system. 8 6. - Highway Access - The following points shall be assigned to allocation applications to encourage 0 connections between commercial uses and reduction of the need for trips and access onto U.S. 11 Highway 1: 12 Point Assignment: Criteria: +3 The development eliminates an existing driveway or access-way to U.S. Highway 1. +2 The development provides no new driveway or access-way to U.S. Highway 1. 13 14 2011-108 Land Dedications Wetlands Page 8 of 14 t 1 7. Landscaping and Water Conservation - The following points shall be assigned to allocation applications to encourage the planting of native vegetation and promote water conservation: 3 Point Assignment: Criteria: The project provides a total of two hundred percent (200%) of the +3 number of native landscape plants on its property than the number of native landscape plants required by this chapter within landscaped bufferyards and parking areas. Twenty-five percent(25%) of the native plants provided to achieve +I the three(3)point award above or provided to meet the landscaped bufferyard and parking area requirements of this chapter are listed as threatened or endangered plants native to the Florida Keys. Project landscaping is designed for water conservation such as use of one hundred percent(100%) native plants for vegetation, +2 collection and direction of rainfall to landscaped areas, or the application of re-used wastewater or treated seawater for watering landscape plants. 4 5 8. Central Wastewater System Availability — The following points shall be assigned to allocation 4.5 _ applications: Point Assignment: Criteria: Proposes development required to be connected to a central +4 wastewater treatment system that meets the BAT/AWT treatment standards established by Florida Legislature and Policy 901.1.1. 8 9 9. Employee Housing — The following points, up to a maximum of four (4), shall be assigned to 10 allocation applications for employee housing units: 11 Point Assignment: Criteria: +2 Proposes an employee housing unit which is located on a parcel with a non-residential use. 12 13 10. Payment to the Land Acquisition Fund — Up to two (2) points shall be awarded for a monetary 14 payment by the applicant to the County's land acquisition fund for the purchase of lands for 15 conservation, and retirement of development rights. The monetary value of each point shall be 16 set annually by the County based upon the estimated average fair market value of vacant, privately-owned, buildable IS/URM zoned,platted lots in Tier I. 19 2011-108 Land Dedications Wetlands Page 9 of 14 ( 1 CONSISTENCY WITH THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN, �/2 THE FLORIDA STATUTES,AND PRINCIPLES FOR GUIDING DEVELOPMENT 3 4 A. The proposed amendment is consistent with the following Goals, Objectives and Policies of 5 the Monroe County Year 2010 Comprehensive Plan. Specifically, the amendment furthers: 6 7 Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure 8 the safety of County residents and visitors, and protect valuable natural resources. 9 10 GOAL 102: Monroe County shall direct future growth to lands which are intrinsically most 11 suitable for development and shall encourage conservation and protection of environmentally 12 sensitive lands. 13 14 Objective 102.1: Upon adoption of the Comprehensive Plan, Monroe County shall require 15 new development to comply with environmental standards and environmental design criteria 16 which will protect disturbed wetlands, native upland vegetation and beach/berm areas. 17 18 Policy 102.1.1: The County shall protect submerged lands and wetlands. The open space 19 requirement shall be one hundred(100) percent of the following types of wetlands: 20 21 1. submerged lands 2. mangroves 3. salt ponds 4. fresh water wetlands 22 5. fresh water ponds 6. undisturbed salt marsh and buttonwood wetlands Allocated density (dwelling units per acre) shall be assigned to freshwater wetlands and 25 undisturbed salt marsh and buttonwood wetlands only for use as transferable 26 development rights away from these habitats. Submerged lands, salt ponds, freshwater 27 ponds, and mangroves shall not be assigned any density or intensity. 28 29 Policy 105.2.6: Monroe County shall implement a land acquisition program to acquire most 30 privately owned vacant private lands within areas designated as a Transition and Sprawl 31 Reduction Area (Tier II) on Big Pine Key and No Name Key and patches of tropical 32 hardwood hammock or pinelands of one acre or greater in area identified as a Special 33 Protection Area within a designated Infill Area(Tier III). 34 35 Policy 105.2.7: Monroe County shall implement an acquisition program to acquire 36 privately owned vacant lands disturbed or scarified properties for affordable housing within 37 areas designated as an Infill Area (Tier III). 38 39 Policy 105.2.8: The preferred method for acquisition of environmentally sensitive privately 40 owned vacant non-platted lands shall be fee simple purchase, donation, or dedication or the 41 retirement of development rights through transfer of development rights or similar 42 mechanisms. 43 44 2011-108 Land Dedications Wetlands Page 10 of 14 �1 Policy 105.2.9: The preferred method for acquisition of vacant platted lots shall be fee r2 simple purchase, donation, or dedication or the retirement of development rights thorough 3 transfer of development rights or similar mechanisms; however, wherever appropriate, 4 platted lots may be purchased in partnership with adjoining property owner(s) subject to a 5 conservation easement that may allow limited accessory residential uses. 6 7 GOAL 204: The health and integrity of Monroe County's marine and freshwater wetlands 8 shall be protected and, where possible, enhanced. 9 10 Policy 204.2.1: To protect submerged lands and wetlands the open space shall be 100 percent 11 of the following types of wetlands: 12 1. submerged lands; 13 2. mangroves; 14 3. salt ponds; 15 4. freshwater wetlands; 16 5. freshwater ponds; and 17 6. undisturbed saltmarsh and buttonwood wetlands. 18 19 Allocated density (dwelling units per acre) shall be assigned to freshwater wetlands and 20 undisturbed salt marsh and buttonwood wetland only for use as transferable development 21 rights away from these habitats. Submerged lands, salt ponds, freshwater ponds and 22 mangroves shall not be assigned any density or intensity. 4104 Objective 205.2: To implement Goal 105 of this Plan and the recommendations in the 25 Florida Keys Carrying Capacity Study (FKCCS), Monroe County shall adopt revisions to the 26 Land Development Regulations which further protect and provide for restoration of the 27 habitat values of upland native vegetated communities, including hardwood hammocks and 28 pinelands. 29 30 Goal 207: Monroe County shall protect and conserve existing wildlife and wildlife habitats. 31 32 B. The amendment is consistent with the Principles for Guiding Development for the Florida 33 Keys Area,Section 380.0552(7),Florida Statute. 34 35 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan 36 with the principles for guiding development and any amendments to the principles, the principles 37 shall be construed as a whole and no specific provision shall be construed or applied in isolation 38 from the other provisions. 39 40 (a) Strengthening local government capabilities for managing land use and development so that 41 local government is able to achieve these objectives without continuing the area of critical 42 state concern designation. 43 (b) Protecting shoreline and marine resources, including mangroves, coral reef formations, 44 seagrass beds, wetlands, fish and wildlife, and their habitat. 2011-108 Land Dedications Wetlands Page 11 of 14 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and 3 beaches, wildlife, and their habitat. 4 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound 5 economic development. 6 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida 7 Keys. 8 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural 9 environment, and ensuring that development is compatible with the unique historic character 10 of the Florida Keys. 11 (g) Protecting the historical heritage of the Florida Keys. 12 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and 13 proposed major public investments, including: 14 15 1. The Florida Keys Aqueduct and water supply facilities; 16 2. Sewage collection, treatment, and disposal facilities; 17 3. Solid waste treatment, collection, and disposal facilities; 18 4. Key West Naval Air Station and other military facilities; 19 5. Transportation facilities; 20 6. Federal parks, wildlife refuges, and marine sanctuaries; 21 7. State parks, recreation facilities, aquatic preserves, and other publicly owned 22 properties; 1'3 8. City electric service and the Florida Keys Electric Co-op; and 9. Other utilities, as appropriate. 25 26 (i) Protecting and improving water quality by providing for the construction, operation, 27 maintenance, and replacement of stormwater management facilities; central sewage 28 collection; treatment and disposal facilities; and the installation and proper operation and 29 maintenance of onsite sewage treatment and disposal systems. 30 (j) Ensuring the improvement of nearshore water quality by requiring the construction and 31 operation of wastewater management facilities that meet the requirements of ss. 32 381.0065(4)(1) and 403.086(10), as applicable, and by directing growth to areas served by 33 central wastewater treatment facilities through permit allocation systems. 34 (k) Limiting the adverse impacts of public investments on the environmental resources of the 35 Florida Keys. 36 (1) Making available adequate affordable housing for all sectors of the population of the Florida 37 Keys. 38- (m)Providing adequate alternatives for the protection of public safety and welfare in the event of 39 a natural or manmade disaster and for a postdisaster reconstruction plan. 40 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and 41 maintaining the Florida Keys as a unique Florida resource. 42 43 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is consistent with the 44 Principles for Guiding Development as a whole and is not inconsistent with any Principle. 45 411, 2011-108 Land Dedications Wetlands Page 12 of 14 06,1 C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute 1 (F.S.).Specifically,the amendment furthers: 3 4 163.3177(6)(a)3.f., F.S. - Ensure the protection of natural and historic resources. 5 6 163.3177(6)(d), F.S. - A conservation element for the conservation, use, and protection of 7 natural resources in the area, including air, water, water recharge areas, wetlands, waterwells, 8 estuarine marshes, soils, beaches, shores, flood plains, rivers, bays, lakes, harbors, forests, 9 fisheries and wildlife, marine habitat, minerals, and other natural and environmental 10 resources, including factors that affect energy conservation. 11 1. The following natural resources, where present within the local government's boundaries, 12 shall be identified and analyzed and existing recreational or conservation uses, known 13 pollution problems, including hazardous wastes, and the potential for conservation, 14 recreation, use, or protection shall also be identified: 15 a. Rivers, bays, lakes, wetlands including estuarine marshes, groundwaters, and springs, 16 including information on quality of the resource available. 17 b. Floodplains. 18 c. Known sources of commercially valuable minerals. 19 d. Areas known to have experienced soil erosion problems. 20 e. Areas that are the location of recreationally and commercially important fish or 21 shellfish, wildlife, marine habitats, and vegetative communities, including forests, 22 indicating known dominant species present and species listed by federal, state, or 41; local government agencies as endangered, threatened, or species of special concern. 25 163.3177(6)(d)2., F.S. - The element must contain principles, guidelines, and standards for 26 conservation that provide long-term goals and which: 27 28 d. Conserves, appropriately uses, and protects minerals, soils, and native vegetative 29 communities, including forests, from destruction by development activities. 30 e. Conserves, appropriately uses, and protects fisheries, wildlife, wildlife habitat, and 31 marine habitat and restricts activities known to adversely affect the survival of 32 endangered and threatened wildlife. 33 f. Protects existing natural reservations identified in the recreation and open space 34 element. 35 g. Maintains cooperation with adjacent local governments to conserve, appropriately 36 use, or protect unique vegetative communities located within more than one local 37 jurisdiction. 38 h. Protects and conserves wetlands and the natural functions of wetlands. 39 i. Directs future land uses that are incompatible with the protection and conservation of 40 wetlands and wetland functions away from wetlands. The type, intensity or density, 41 extent, distribution, and location of allowable land uses and the types, values, 42 functions, sizes, conditions, and locations of wetlands are land use factors that shall 43 be considered when directing incompatible land uses away from wetlands. Land uses 44 shall be distributed in a manner that minimizes the effect and impact on wetlands. 45 The protection and conservation of wetlands by the direction of incompatible land l`/ uses away from wetlands shall occur in combination with other principles, guidelines, 2011-108 Land Dedications Wetlands Page 13 of 14 1 standards, and strategies in the comprehensive plan. Where incompatible land uses are allowed to occur, mitigation shall be considered as one means to compensate for 3 loss of wetlands functions. 4 5 163.3177(6)(g), F.S. - For those units of local government identified in s. 380.24, a coastal 6 management element, appropriately related to the particular requirements of paragraphs (d) 7 and (e) and meeting the requirements of s. 163.3178(2) and (3). The coastal management 8 element shall set forth the principles, guidelines, standards, and strategies policies that shall 9 guide the local government's decisions and program implementation with respect to the 10 following objectives: 11 12 2. Preserve the continued existence of viable populations of all species of wildlife and 13 marine life. 14 3. Protect the orderly and balanced utilization and preservation, consistent with sound 15 conservation principles, of all living and nonliving coastal zone resources. 16 4. Avoid irreversible and irretrievable loss of coastal zone resources. 17 18 IV. STAFF RECOMMENDATION 19 20 Staff recommends APPROVAL of the proposed amendments to Policies 101.5.4 and 101.5.5. 21 22 VI. PROCESS Comprehensive Plan Amendments may be proposed by the Board of County Commissioners, the 25 Planning Commission, the Director of Planning, or the owner or other person having a contractual 26 interest in property to be affected by a proposed amendment. The Director of Planning shall review 27 and process applications as they are received and pass them onto the Development Review 28 Committee and the Planning Commission. 29 30 The Planning Commission shall hold at least one public hearing. The Planning Commission shall 31 review the application, the reports and recommendations of the Department of Planning & 32 Environmental Resources and the Development Review Committee and the testimony given at the 33 public hearing. The Planning Commission shall submit its recommendations and findings to the 34 Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the 35 transmittal of the proposed comprehensive plan amendment, and considers the staff report, staff 36 recommendation, and the testimony given at the public hearing. The BOCC may or may not 37 recommend transmittal to the State Land Planning Agency. The amendment is transmitted to the 38 State Land Planning Agency, which then reviews the proposal and issues an Objections, 39 Recommendations and Comments (ORC) Report. Upon receipt of the ORC report, the County has 40 180 days to adopt the amendments, adopt the amendments with changes or not adopt the 41 amendment. 42 43 44 4111/ 2011-108 Land Dedications Wetlands Page 14 of 14 Data & Analysis CIO MINUTES OF THE TIER DESIGNATION REVIEW COMMITTEE Tier Designation Review Committee Thursday,August 25,2011 Key Largo, Florida A meeting of the Tier Designation Review Committee (TDRC) convened at 9:11 a.m. at the Murray E. Nelson Government and Cultural Center. Present were Janice Duquesnel, Department of Environmental Protection; Randy Grau, Fish & Wildlife Conservation Commission; Curtis Kruer, Everglades Law Center; Julie Cheon, Florida Keys Aqueduct Authority; Winston Hobgood, U.S. Fish & Wildlife; Tiffany Stankiewicz, Development Administrator, Planning and Environmental Resources; Susan Grimsley, Assistant County Attorney; Christine Hurley, Director, Growth Management Division; Michael Roberts, Senior Administrator, Environmental Resources; Phil Frank, Private Environmental Consultant; Bryan Davisson, GIS Planner, Growth Management; Townsley Schwab, Planning Director; Mayte Santamaria, Assistant Planning Director; and Rebecca Jetton,Department of Community Affairs. Board of County Commissioner Sylvia Murphy presented Committee Members Julie Cheon, Winston Hobgood and Randy Grau with plaques thanking them for their dedication and participation In the Tier Designation Review effort. ( APPROVAL OF MINUTES �Y Motion: Randy Grau made a motion to approve the September 30,2010 and October 1,2010 meeting minutes. Julie Cheon seconded the motion. A vote was taken with the following results: Curtis Kruer, Agreed;Janice Duquesnel,Agreed;and Winston Hobgood,Agreed. MEETING Mr. Roberts asked for and received permission to make a slight modification to the agenda to move up the review of the tier policies related to wetlands due to some scheduling conflicts. Mr. Roberts framed the Issues for the Committee by explaining per the Administrative Law Judge's recommended order it was determined that wetlands were not part of the tier designation criteria. The TDRC had asked staff to evaluate how the Committee might continue to monitor the development of wetlands, particularly with a Tier 3 landscape. Staff went back and reviewed the Rate of Growth Ordinance (ROGO) criteria and scoring in particular to bring wetlands back into the ROGO scoring. Mayte Santamaria presented two proposed comprehensive plan amendments to the ROGO point score and the NROGO point score. Staff is proposing to include scoring criteria for wetlands. The proposed language states: 'The following points shall be assigned to allocation applications on Tier 3 parcels that contain submerged lands and/or wetlands that require 100 percent open space pursuant to policies 102.1.1 and 204.2.1, and that are located either adjacent or contiguous to Tier 1 properties." Ms. Santamaria would like to discuss with the Committee the choice of "adjacent" versus "contiguous." Staff was considering a negative score of between two and five, but would like guidance from the Committee as to the number. 1 Mr. Kruer asked how freshwater wetlands surrounded by uplands that are not contiguous with other wetlands would be handled. Ms. Santamaria explained that if any of those types of wetlands were included in a Tier 3, if it were Isolated or not, if it were adjacent to Tier 1 it would still receive negative points. Mr. Roberts pointed out that that is a very rare occurrence that there would be any type of habitat of that nature within the interior of a Tier 3 landscape. Discussion was had regarding how to treat disturbed wetlands. Mr. Roberts clarified that protection of disturbed wetlands is not being undermined in anyway. Ms. Hurley stated that staff plans to go through some scoring exercises as examples once the policy parameters are set. New definitions will be developed to clarify the definitions of what is disturbed versus undisturbed. Mr. Kruer commented that he wonders about using the definitions of"adjacent"or "contiguous" to Tier 1 lots as a limitation for the negative points to apply. Ms. Santamaria explained that staff thought it would be duplicative to give negative points for something that cannot be filled, such as isolated wetlands that might have a freshwater pond, if it is not connected to a larger habitat. Mr. Kruer stressed that, while he understands the value of dealing with large ecosystems or large areas of habitat, there are also a lot of value to the fragments of wetlands that remain In the Keys,just like there is values to the fragments of hammock that remain In the Keys. Ms.Santamaria said that staff Is trying to balance the tier system with protection of wetlands as well. Tier 3 parcels have already gone through committee hearings and board approval and have been designated as areas to direct growth to. Ms. Hurley reminded the Committee that if the site does not have 2,000 square feet of developable land, meaning nonhabitat or nonwetland, it is not a ROGO eligible she. Dr. Frank clarified that this policy would only apply to 100 percent open space lots, making this an additional layer of protection. Ms. Hurley further explained that by putting some negative points you get the Tier 3s that are fully scarified to move forward faster in the ROGO system than these others that may have some kind of habitat worthy of protection. This policy would not be retroactive to parcels already designated Tier 3. Parcels entering ROGO after the effective date of this policy change would be subject to it. Ms. Cheon suggested adding language to the contiguous definition that certain properties are part of 100 percent open space wetland that is contiguous to a Tier 1 property. Mr. Kruer believes "adjacent" or "contiguous" language would be important to include here,except for U.5.1 causing a break. Mr. Hobgood stated that a road is normally a break in a wetland because it kills the hydrology. Mr. Hobgood stated that It seems with this policy it would behoove a landowner to break wetlands out of their property and split the property Into two different parcels. Mr. Roberts reminded the Committee that this policy Is only applicable to Tler 3 parcels, and while in y that might work, in reality most property owners would not have a large enough lot to make it two RE numbers and still have enough buildable space on the upland portion to be able to make it work. And In order to dedicate land, it has to be buildable. Mr. Kruer agreed with the comment about roads being a little bit of a concern in adjacency, but not as much as one might think sometimes,and using the term "adjacent" as well to pull a little bit of additional wetland protection in larger areas would be appropriate. Mr. Kruer thinks five negative points would be appropriate considering the native habitat that is at stake. ( Motion: Winston Hobgood made a motion that"contiguous"continue to be used in the same manner �r as used before,which is not broken by a road. 2 Motion: Randy Grau made a motion that the code definitions Include both "adjacent" and "contiguous"as stated in this proposal and that U.S.1 does constitute a break. Mr.Hobgood withdrew his motion. Motion: Julie Cheon made a motion that the definition of"adjacent"be used,that Tier 3 parcels with 100 percent open space wetlands that are adjacent to Tler 1 parcels receive negative points,and that any parcel that is part of the 100 percent open space wetland contiguous to the property by Induded. Curtis Kruer seconded the motion. A vote was taken with the following results: Janice Duquesnel, Agreed;Winston Hobgood,Agreed;and Randy Gnu,Agreed. Ms.Santamaria requested recommendations from the Committee on the points. Mr. Kruer feels using this process to provide even more protection to naturally occurring undisturbed wetlands to promote their protection for the future seems to be important. Mr. Kruer believes negative five to negative ten points would be in the range that would be serious or important enough to put these parcels in a back seat to the parcels that this process is really trying to have developed, which are Tier 3 parcels that are totally disturbed land with no native hammock, pineland or native wetlands on them. Mr. Kruer also believes It is important to provide Information to the public that just because a property Is designated Tier 3 does not mean the entire parcel Is suitable for infill. Mr. Kruer asked if the County had the ability to include additional requirements regarding wetlands. Ms. Hurley emphasized staffs desire to get the tier system finished and not continue to modify it countywide. Staff believes that by establishing negative points for parcels that have wetland communities will do the same thing as countywide rezoning, without the expense of rezoning. Ms. Santamaria again reminded the Committee these are for parcels with wetlands that require 100 percent open space, not wetlands that can be filled. Mr. Gnu asked how many open space wetlands end up in conservation easements, and for what reasons would they be in conservation easements. Mr. Roberts answered through Monroe County Code,conservation easements over wetland areas are not required. The County requires a conservation easement over undisturbed upland areas as part of the development process. While agreeing the concept has merit, Mr. Roberts is concerned about the resources that would be required to monitor this. Mr. Gnu stated that at least there would be legal record that is recorded and when somebody buys the property they see there is an easement, they know it has protection. Mr. Hobgood added that it is extremely difficult to find somebody to hold the conservation easement. Dr. Frank asked if there was a minimum size threshold. Mr. Roberts also reminded the Committee that they are talking about wetlands that are already 100 percent open space under existing code. Mr. Roberts agreed that size limits might be something that staff may need to try to address. Ms. Jetton believes this-underscores the need to map these undisturbed wetlands onto the tier maps so the Committee knows more about what they are talking about. Ms.Jetton stated this idea seems like a good idea. Mr. Roberts thinks R would be a rare occasion that there is a wetland with 100 percent open space within a Tier 3 landscape that this is going to affect. Mr. Roberts stated that, from his perspective, negative four points is consistent with the application of other deductions and additions that are provided for in ROGO, and that negative ten points for all intents and purposes retiers that property,that it is too much. Ms.Cheon believes,when talking about ( wetlands that are already protected, negative four or five points sounds reasonable. Mr. Hobgood �/ agreed. 3 Motion: Curtis Kruer made a motion that the negative points assigned to this situation in ROGO would be negative five points. Janice Duquesnel seconded the motion. A vote was taken with the following results: Randy Grau,Agreed;Winston Hobgood,Agreed;and Julie Cheon,Agreed. Mr. Roberts asked the Committee members if adding a point or two for a conservation easement should be incorporated into the motion. Mr. Roberts informed the Committee that the biggest advantage to that is when a violation is documented, there is a legal instrument to rely on that has an absolute set of restrictions associated with it that the County can come back and enforce. Ms. Cheon suggested including a requirement of a conservation easement instead of using a point system. Mr. Roberts said he would hesitate to put that as a requirement simply because some easements have very limited value. Motion: Randy Grau made a motion that the negative five points could be reduced by two points if a conservation easement is entered by the property owner protecting the wetlands and the required buffer. Curtis Kruer seconded the motion. A vote was taken with the following results: Janice Duquesnel,Agreed;Julie Cheon,Agreed;and Winston Hobgood,Agreed. Ms.Jetton asked to hear the Committee Members' thoughts on giving a small amount of positive points to undisturbed wetlands that people would be willing to donate to the County. Mr. Grau believes it would be a worthwhile idea to get as much of that sensitive land and ownership as possible because that is easier than protecting it by regulating. Ms. Cheon thinks it is a valid idea, but wonders if the County would end up with properties they really do not want to manage. Ms.Jetton clarified that she is talking about undisturbed wetlands in Tier 1. Ms. Hurley added that staff is in favor of this. Mr. Roberts 4111. clarified that in order for a parcel of land to be used as a dedicatable lot under ROGO, it has to have 2,000 square feet of buildable area, which could be uplands and/or disturbed wetlands that are able to be filled in accordance with the code. Ms. Jetton discussed the importance of giving these lots a value. Mr. Grau agreed. A brief recess was held from 10:46 a.m. to 10:58 a.m. The clearing limit policy discussion was had. Mayte Santamaria explained that this is a proposed comprehensive plan amendment to address the clearing of upland hammock. This is to provide some clarity and consistency between local governments here in the Keys. This is also a task that the Administration Commission has given to Monroe County to complete. Ms.Santamaria stated that Policy 101.4.22 mistakenly includes cactus hammock and palm hammock as habitat in Ocean Reef. This policy specifies that it not only applies to Tiers 1 and 2, but it also applies to Tier 3A, the special protection lots. The existing clearing limit for Tier 1 is 20 percent and it does not have a maximum clearing limit. Staff is proposing a clearing limit of 20 percent or 3,000 square feet, whichever is greater, but no greater than 7500 square feet of the upland native habitat area. There would be an exception for driveways, especially if it is a very large Tier 1 parcel. Staff has provided an allowance to allow for a driveway if fragmentation is minimized, specimen trees are avoided and the shortest reasonable route possible is taken. For Tier 2 the existing clearing limit is 40 percent with no maximum. Staff is proposing including 3,000 square feet or a maximum of 7500 for the native upland vegetative area. For Tier 3 it remains the same as the 40 percent, or 3,000 square feet, with a maximum of 7500 square feet. Then on the Special Protection Area, Tier 3A, that is 40 percent, or 3,000 square feet, and 7500 square feet maximum. Both the Tier 3 and Tier 3A also have the driveway allowance. 4 Different clearing limits have been provided in the Livable CommuniKeys documents and staff wants to specify that County Policy 101.4.23 controls over the Livable CommunlKeys plans. Policy 101.4.24 is simply renumbering it. Policy 105.2.27 is Just changing the maximum from 5,000 to 7500 square feet. Ms. Santamaria clarified for Mr. Hobgood that the clearing limits are Just for the upland habitat areas. Mr. Roberts added that existing code requires the applicant to cluster their development on the least sensitive habitat first. Mr. Kruer stated that he feels that by giving large property owners a driveway allowance this liberal encourages encroachment Into sensitive areas of the hammock. Ms. Santamaria explained that staff Is trying to provide options for people and to make sure that the development is sited in the most appropriate areas,and that by adding the language "maximum 7500 square feet"is a dramatic decrease in clearing allowances on large parcels. Dr. Frank agreed that the 7500 square feet maximum clearing allowance is a significant amount of progress in conservation. Mr. Kruer added that the word "endeavor in the statement"The proposed driveway design shall endeavor to minimize fragmentation" has no real legal requirement and is not enforceable. Ms. Jetton agreed that the word "endeavor" should be stricken. Ms. Cheon pointed out that the language includes"per principal dwelling unit." Ms. Santamaria agreed that it should be"per parcel." Ms. Hurley further explained that when the staff would review development plans they would look at where the house should be located. That has to be decided based on the code. The code right now says it is a Joint call between the County biologist and the Planning and Environmental Resources Director. c.. Mr.Roberts then clarified for Ms. Duquesnel that the words "recommended by" are used in the code, but that site plan is subject to review, and if the proposed driveway alignment or house location varies widely from staffs original recommendation, the plans are likely not going to be approved unless the property owner has overriding consideration that results in staff changing their mind or agreeing with the proposed location. Mr. Roberts also explained that the code is based on a broad brush community type and does make the distinction between disturbed and undisturbed, but does not at this point distinguish between low and high quality. Mr. Kruer feels that even though it may be a reduction from what is on the books now, it still seems to go beyond what is needed to allow development of these Tier 1 parcels. Mr. Roberts answered that County Code allows staff to require the minimization of impact. Ms. Santamaria asked Ms. Jetton to provide the reasoning behind the driveway allowance in the annual report to the Administration Commission. Ms.Jetton explained that it was done to reduce the amount of clearing,and the previous Growth Management Director had made an argument saying that many people want their houses near the water and so these long driveways had to be provided for. Dr. Frank sees the situation that, yes, hammock has been cleared, but a significant amount of hammock has also been preserved. Mr. Grau pointed out that even if a homeowner did build up closer to the road, there would still be a path and clearance to the water one way or another. The need for an 18-foot clearing for a driveway was discussed. The history of the 40 percent clearing limit in Ocean Reef was discussed. Motion: Randy Grau made a motion that the language under Tier 1 permitted clearing"per principal Ldwelling unit" In the first paragraph be replaced with "per parcel," and that the proposed language that says, "The proposed driveway design shall endeavor to minimize..." should be "The proposed driveway design shall minimize fragmentation," and the same where appropriate on the other tiers. 5 4111/ Janice Duquesne) seconded the motion. A vote was taken with the following results: Winston Hobgood,Agreed;Julie Cheon,Agreed;and Curtis Kruer,Disagreed. Ms. Hurley presented Richard Grosso with his plaque in appreciation for his participation and effort in the tier review process. Mr. Roberts explained that staff has not prepared any proposed language or proposed revisions to existing codes of policies on the combining of lots or the exotic policies because staff was not sure which way to go. Both of these Items were requested by the TDRC for staff to go back and review and evaluate, and the Committee had requested an opportunity to weigh In on that. What has been discussed at the staff level most frequently was the Inclusion of language that in the event of a lot split, or the event of breaking a lot into separate RE numbers,that the most restrictive tier designation would hold within the subsequent or new RE numbers. Staff is looking for more input from the Committee. Ms. Cheon believes that there are so many variables, It would be difficult to make a policy decision and put it in writing. Mr. Roberts also said that in the combining of parcels,the most restrictive tier would continue to apply. The incentives for people to combine parcels were discussed. Mr. Kruer believes having a policy that the most restrictive tier designation would apply is the most logical approach to the problem. Ms.Jetton feels that the County should adopt an LDR that says lots that are aggregated shall take the more restrictive tier unless a rezoning of the property occurs. Mr. Grau asked Mr. Grosso,who was in the audience, for his thoughts on this topic. Mr. Grosso believes that adding that in the code does not take away anything that anybody has now, but just prevents further changes. err Motion: Julie Cheon made a motion for a recommendation that the County Include in their LDRs when two parcels of different tiers are combined,the more restrictive tier applies. Winston Hobgood seconded the motion. A vote was taken with the following results: Janice Duquesne),Agreed; Randy Grau,Agreed;and Curtis Kruer,Agreed. A luncheon recess was held from 11:59 a.m.to 1:11 p.m. MAP SERIES MAP 83 Mr. Roberts brought before the Committee Map Series 83. One parcel was Inadvertently left undesignated in prior meetings. The remainder of the parcel is Tler 3 and is essentially part of a mining operation. Motion: Julie Cheon made a motion to characterize that undesignated parcel as Tier 3. Randy Grau seconded the motion. A vote was taken with the following results: Winston Hobgood, -Agreed;Janice Duquesne),Agreed;and Curtis Kruer,Agreed. MAP A Mr. Roberts explained to Mr. Kruer that the prior process was making sure that the Committee had two opportunities to review the map series. This is the second opportunity for this map series to be reviewed. It is at the Committee's discretion to reevaluate and discuss further or see just what the current designations are and move on. The two small parcels in the upper right-hand corner consisting of 2.36 acres of hammock were recommended to be SPA. Mr. Kruer questioned why those two small parcels together that is contiguous with additional hammock did not rise to the level of Tier 1. Dr. Frank err' reported that at his site visit he found the north portion to be hammock and the portion out in front to be very disturbed. Ms. Cheon remembered a lot of discussion at prior meetings about the proximity to 6 111/ U.S.1 and it being a very commercialized area. Mr. Kruer recognized it was obviously a fragmented hammock, but a sizeable fragment compared to others that have been designated Tier 1 through the process. Motion: Curtis Kruer made a motion that the Committee reconsider the SPA designation for those two parcels considering their size and redesignate them as Tier 1. Mr. Grau agreed that the two parcels were clearly good to medium quality hammock and the rest of it is basically a parking lot with canopy. Winston Hobgood seconded the motion. A vote was taken with the following results: Julie Cheon,Disagreed;Randy Grau,Agreed;and Janice Duquesnel,Agreed. MAP B Mr. Kruer stated that the minutes reflect that Mr. Grau had been to the site and it is less than high quality hammock and everybody agreed,with one exception,to leave it as Tler 3. Mr. Kruer's Interest in suggesting that this be looked at was just for consistency, because it appears to be a parcel with hammock that is directly connected to a bigger hammock and to be consistent it would need to be Tier 1. Site inspection revealed that it is not of the same quality as the larger hammock to the south. Motion: Randy Grau made a motion that no changes be made on this map. Winston Hobgood seconded the motion. A vote was taken with the following results: Julie Cheon, Agreed; Janice Duquesnel,Agreed;and Curtis Kruer,Agreed. MAp C Mr. Kruer stated that the minutes reflect this remained Tier 3 because it was surrounded on four sides v by development. Motion: Curtis Kruer made a motion that this remain Tier 3 as previously considered. Julie Cheon seconded the motion. A vote was taken with the following results: Randy Gnu,Agreed;Winston Hobgood,Agreed;and Janice Duquesnel,Agreed. MAP D Mr. Kruer said that Map D has a hammock fragment that is surrounded by development. Mr. Kruer reminded the Committee that in early consideration of how to approach this, the purpose was to protect and maintain hammock fragments where they continued to exist. Ms. Cheon commented that due to having the large shopping plaza across the way, its located within a heavily improved subdivision, heavily developed subdivision, she cannot see protecting this little chunk of hammock which does not show high quality hammock from the aerial. Mr. Roberts remembers this particular group as being canopy, not hammock. Mr. Kruer brought out that the minutes, which were just accepted, indicate it was hammock of decent quality. Mr. Kruer believes the less amount of hammock there is in an area,the more important it is to maintain what is there. Ms. Duquesnel informed the Committee that just north of these parcels is Adams Cut and just north of the cut are two large parcels owned by the County. Just south of these parcels there is property that Is associated with John Pennekamp State Park. Ms. Duquesnel agreed with Mr. Kruer that these fragments do maintain some value because of connectivity. Mr.Grau reported that at his site visit he found the hammock not to be of good quality and the whole understory was ripped out except for most of the edges. Mr. Davisson added that the hammock acreage is a little over a half acre, .58 acres. Motion: Julie Cheon made a motion that the designation remain by the Committee previously of Tier 3. All of the parcels together were reported to be about .8 acre, a little less than an acre. Randy Grau seconded the motion. A vote was taken with the following results: Janice Duquesnel, Agreed; Winston Hobgood,Agreed;and Curtis Kruer,Disagreed. 7 MAPE Mr. Kruer stated that the previous decision was to leave them as Tier 3, but there was acknowledgement that there were hammock fragments in there. Mr. Kruer again commented that one of the original goals of this effort is to locate, identify, inspect and try to protect and maintain remaining hammock fragments. Mr.Roberts added the hammock fragments are way less than an acre. Motion: Julie Cheon made a motion that they remain as designated by the Committee, Tier 3, because there does not appear to be any new Information and they are less than an acre. Randy Grau seconded the motion. A vote was taken with the following results: Janice Duquesnel, Agreed; Winston Hobgood,Agreed;and Curtis Kruer,Disagreed. MAP F Dr. Frank reported that at his site visit he found the parcels to consist of curb and gutter and landscaping. Motion: Curtis Kruer made a motion that those parcels Identified on Map F remain as Tier 3. Randy Grau seconded the motion. A vote was taken with the following results: Winston Hobgood,Agreed;Janice Duquesnel,Agreed;and Julie Cheon,Agreed. MAP G Ms.Cheon stated that this area appears to be used as some sort of industrial yard. Motion: Julie Cheon made a motion that this remain as designated,Tier 3,by the Committee. Winston Hobgood seconded the motion. A vote was taken with the following results: Randy Grau,Agreed;and Janice Duquesnel, thir Agreed._ MAP Mr. Kruer reported that the minutes reflect that the site had been Inspected and it was found to be mostly canopy trees remaining. The minutes reflected that Mr. Grau had been to the site and It is mostly cleared of understory with houses on both sides. Lack of connectivity to hammock was discussed. Motion: Curtis Kruer made a motion that the parcel remain Tier 3 as previously designated. Julie Cheon seconded the motion. A vote was taken with the following results: Randy Grau, Agreed; Winston Hobgood,Agreed;and Janice Duquesnel,Agreed. MAP I Mr. Kruer reviewed the previous recommendations made on this map. Motion: Curtis Kruer made a motion that the two parcels that are on the water be designated as Tier 1, consistent with the parcel immediately to the west. Mr. Roberts read aloud the minutes from the meeting when the prior recommendation was made. Mr. Grau said that at his site visit the parcel to the right had been substantially cleared and there were a lot of scattered structures and buildings all through the parcel. Motion: Based on the reading of the minutes and due to the fact that the left-hand parcel of the two on the water is mapped as a substantial amount of hammock and it is contiguous with a large native fragment of hammock, Curtis Kruer revised his motion to be that the parcel then be designated Tler 1 Instead of SPA. Winston Hobgood seconded the motion. A vote was taken with the following results: Janice Duquesnel,Agreed; Julie Cheon, Disagreed; and Randy Grau, disagreed due to disturbance on ems' that parcel. 8 41111, MAP 1 Mr. Kruer explained the thought process going into Everglades Law Center (ELC) making a recommendation here was that there is enough hammock fragments remaining in this area to give it some special consideration. Ms. Cheon stated that both she and Mr.Grau did extensive site visits in this area. Mr. Roberts explained that the two larger parcels were left as a SPA because it is not connected to anything and the houses constitute a break In the code. Motion: Mr. Kruer made a motion to redesignate the two larger parcels Tier 1 consistent with what Is Immediately to the north and based on the existence of native habitat. Mr. Hobgood questioned what extra protection that would afford hammock on this property since it looks like they have already cleared their 40 percent. Ms. Cheon remembered the smaller lot previously being designated SPA and the larger parcel to the right being Tier 1, and stated that she still agreed with those designations. Mr. Kruer compared different parcels and pointed out Inconsistencies in designations. Mr. Roberts responded that it was not appropriate to compare properties where the tier designation was not challenged and not reviewed by this Committee with decisions that the Committee made, and the properties should be evaluated based on its existing habitat and value and the criteria of the tier designations as they exist today. Mr. Davisson reported that the large hammock to the northeast is 14.7 acres. The two parcels that are now SPA together are 4.77 acres. Mr. Kruer renewed his motion. Ms. Cheon feels that keeping the designation SPA is consistent with the other decisions that have been made by the Committee. Ms. Grimsley explained that all state and publicly-owned lands are Tier 1 no matter what is on them. L Motion: Randy Grau made a motion that the larger parcel remain SPA and the smaller parcel be designated Tier 1. Curtis Kruer seconded the motion. A vote was taken with the following results: Julie Cheon,Disagreed;Winston Hobgood,Agreed;and Janice Duquesnel,Agreed. MAP K Motion: Curtis Kruer made a motion that the previous designations for the other parcels on the map remain in place. Julie Cheon seconded the motion. A vote was taken with the following results: Janice Duquesnel,Agreed;Randy Grau,Agreed;and Winston Hobgood,Agreed. MAP L Mr. Kruer stated the minutes reflected that this parcel was a half an acre surrounded by development and it fronts on U.S.1. Mr. Kruer again feels that since It Is a fragmented hammock that is in decent shape,they should be maintained where possible. Motion: Julie Cheon made a motion to keep it as previously designated by the Tier Committee,Tier 3. Janhxe-Duquesnel seconded the motion. A vote was taken with the following results: Randy Grau, Agreed;Winston Hobgood,Agreed;and Curtis Kruer,Agreed. MAP M Motion: Custis Kruer made a motion that the designations agreed on Map M remain. Julie Cheon seconded the motion. A vote was taken with the following results: Winston Hobgood,Agreed;Randy Gnu,Agreed;and Janice Duquesnel,Agreed. 9 MAP Motion: Julie Cheon made a motion that the designations previously assigned by the Committee remain the same. Winston Hobgood seconded the motion. A vote was taken with the following results: Janice Duquesnel,Agreed;Randy Grau,Agreed;and Curtis Kruer,Agreed. MAPO Motion: Julie Cheon made a motion that the parcels remain as previously designated by the Committee. Janice Duquesnel seconded the motion. A vote was taken with the following results: Winston Hobgood,Agreed;Randy Grau,Agreed;and Curtis Kruer,Agreed. MAP P Mr. Grau stated that the only native habitat on the large parcel to the north Is mangroves. Mr. Kruer pointed out that the three lots to the south were contiguous with Tier 1. Mr. Kruer believes that those three lots should have been made Tier 1, so as to make It obvious those three lots are not suitable for Infill. Ms.Cheon responded that the Committee could not do it based on the criteria they were given to review these lots. Motion: Curtis Kruer made a motion that those three lots to the south be redesignated due to their wetland condition as Tier 1 consistent with what is next to them. Mr. Roberts explained that the Committee cannot revisit every wetland looked at and previously reviewed and wetlands are not part of the tier designation criteria. if there is not upland habitat on the parcel,then there is no nexus for a SPA and no nexus for Tier 1. Mr. Kruer questioned the Tier 1s on that same page. Mr. Davisson stated they are in Florida Forever. Mr. Roberts explained that there will be 100 percent Tier 1 wetland parcels currently in the code and currently mapped as Tier 1 because they were designated prior to the challenge and prior to the revised tier designation criteria. Mr. Hobgood stated that it seems like the purpose of today's review has changed into a challenge of previous decisions. Mr. Kruer withdrew his motion. Motion: Julie Cheon made a motion that based on all research done prior,that the parcels remain the same as previously designated by the Tier Committee. Randy Grau seconded the motion. A vote was taken with the following results: Janice Duquesnel, Agreed; Winston Hobgood, Agreed; and Curtis Kruer,Agreed. MAP Q Motion: Julie Cheon made a motion that this map remain the same as designated by the Tier Committee prior. Winston Hobgood seconded the motion. A vote was taken with the following results: Curtis Kruer,Disagreed;and Randy Grau,Agreed. A brief recess was held from 2:37 p.m.to 2:53 p.m. MAP R Ms.Cheon remembered a lot of discussion on this map previously. Dr. Frank reported that this contains understory completely. Motion: Curtis Kruer made a motion that the decisions made on R stand as applied. Randy Grau seconded the motion. A vote was taken with the following results: Janice Duquesnel,Agreed;Winston Hobgood,Agreed;and Julie Cheon,Disagreed. 10 MAPS Motion: Randy Grau made a motion that the prior designations remain based on finding the properties to be disturbed on site visits. Winston Hobgood seconded the motion. A vote was taken with the following results: Julie Cheon,Agreed;Curtis Kruer,Agreed;and Winston Hobgood,Agreed. MAP T Mr. Grau remembered that this parcel ended up being less than an acre and was a little bit disturbed. Motion: Randy Gnu made a motion that it remain Tier 3. Curtis Kruer seconded the motion. A vote was taken with the following results: Winston Hobgood,Agreed;Janice Duquesnel,Agreed;and Julie Cheon,Agreed. MAP U Motion: Julie Cheon made a motion these remain as previously designated by the Committee. Winston Hobgood seconded the motion. A vote was taken with the following results: Janice Duquesnel,Agreed;Randy Gnu,Agreed;and Curtis Kruer,Agreed. MAP V Mr. Gnu remembered that there was previously discussion about keeping it as Tier 1, but there were some changes made because of the wetland issue. Motion: Curtis Kruer made a motion these remain as previously designated. Winston Hobgood seconded the motion. A vote was taken with the following results: Janice Duquesnel,Agreed;Randy Gnu,Agreed;and Julie Cheon,Agreed. 41/ MAP W Mr. Kruer again commented that it would seem to be an easy matter to designate this Tier 1 and be done with it. Mr. Kruer suggested Including some statement In the definitions to make it real clear that wetlands on a Tier 3 parcel are not necessarily suitable for infll. This would be another example where Mr. Kruer would make a motion that these mangrove wetlands be designated Tier 1. Mr. Roberts informed Mr. Hobgood that the Committee previously designated this Tier 3 and it is 100 percent wetland. Mr.Roberts agreed that there should be some language somewhere that clarifies just because it is Tier 3 does not necessarily mean that it is developable, and that will probably be addressed in the upcoming year. Motion: Curtis Kruer made a motion to take these two parcels, which are all tidal mangroves, and redesignate them Tier 1. Mr. Grau agreed with Mr. Kruer and stated that this is one recommendation that will be sent to the BOCC. Mr. Roberts reported that staff will be moving forward with the language revisions discussed this morning as far as the wetland integration into ROGO scoring and the clearing limits,but Mr.Roberts was unsure when this committee would convene again. Ms.Grimsley added that Mr. Grosso had approached her with a suggestion to put something in the land development code that did not require an amendment to the comprehensive plan to the effect that wetlands designated as Tier 3 may have other restrictions, something that would address the concern that people from out of town would come in and buy something unknowingly. Motion: Mr.Grau made a motion to leave H as previously designated because of the problem with it being 100 percent mangroves. Julie Cheon seconded the motion. A vote was taken with the following results: Janice Duquesnel,Agreed;Winston Hobgood,Agreed;and Curtis Kruer,Disagreed. ilry 11 MAP Motion: Julie Cheon made a motion that the three homes remain as designated previously by the Tier Committee. Winston Hobgood seconded the motion. A vote was taken with the following results: Janice Duquesnel,Agreed;Randy Grau,Agreed;and Curtis Kruer,Disagreed. Mr. Roberts asked the Committee to address the parcel with RE Number 00126420.000000 and 00126430.000000. Mr. Roberts explained that there is language in the recommended order and in the final order from the Administrative Law Judge that the area designated by Trivette be changed to Tier 3. Unfortunately, nobody has been able to locate the specific map that the Administrative Law Judge was referring to when he said "the area designated by Trivette." The best that can be determined is that the Administrative Law Judge was referring to two parcels, one parcel consisting of 100 percent mangrove and the other parcel consisting of what is locally known as the racetrack. Staff asked that this area be redesignated Tier 3 consistent with the tier designation criteria as they exist today and as directed by the Administrative Law Judge In the hearing process. Motion: Julie Cheon made a motion to designate those two parcels Tier 3 as directed by the Administrative Law Judge and by the fact that there Is no hammock on the property. Mr. Kruer stated that this is a classic case where they are designated Tier 3,even though they are 100 percent open space ratio,and they will have to be dealt with again in the future because of the zoning that was applied to them. Mr.Grau reluctantly seconded the motion. A vote was taken with the following results: Janice Duquesnel,Agreed;Winston Hobgood,Agreed. ( The Administrative Law Judge's recommended order was reviewed. Mr. Kruer pointed out that the v order states it should be Tier 1. Mr. Kruer stated that the outright rejection of having some wetlands be Tier 1 is not supported by that order. Ms.Cheon withdrew her motion. Motion: Curtis Kruer made a motion that those two parcels remain designated Tier 1. Randy Grau seconded the motion. A vote was taken with the following results: Winston Hobgood,Agreed;Janice Duquesne!,Agreed;and Julie Cheon,Agreed. MAP Y Motion: Curtis Kruer made a motion that all of the Tier 1 designations for the offshore islands represented be maintained. Winston Hobgood seconded the motion. A vote was taken with the following results: Janice Duquesne!,Agreed;and Julie Cheon,Agreed. Mr. Roberts announced that was the end of the map review. Mr. Kruer thanked the County for an excellent job in preparing this information and doing the GIS work. Mr. Grau agreed. Mr. Roberts pointed-out that was a result of the efforts of Bryan Davisson,Senior GIS Coordinator. The last discussion had was regarding policy and/or strategies to remove Incentives for allowing exotics to spread. Mr. Roberts reported that current County Code states that 40 percent or greater nuisance or exotic vegetation coverage breaks the connection with the hammocks. The discussion has been whether or not that particular policy constituted an incentive for a property owner to allow nuisance and exotic vegetation to expand on their site with the ultimate goal being to break that one-acre connection. Mr. Grau believes that is a real concern, especially after the public having gotten more educated to that factor by attending the TDRC meetings. Mr. Grau also believes it is arbitrary and disagrees with that as a use to create a boundary or a break. The actual definition within the criteria does not actually reference what vegetation is included. 12 411/ Mr. Kruer suggested the County limit the exotics to certain plants and that minimizing the disturbance of hammock is one means of preventing exotic vegetation from spreading. Mr. Roberts added they would not evaluate It from the perspective of ground cover unless It was the dominant and structural component of that upland system. What would be looked at would be whether the component of the canopy of the subcanopy is exotic. Different exotic plants that would outcompete native plants were discussed. Mr. Roberts agreed that a list of exotics In the code needs to be more specific. Mr. Hobgood believes the number 40 percent has no basis in fact. Mr. Roberts believes part of the exotic vegetation problem is the extent of absentee ownership In the Keys and the simple fact that most people who own vacant property in the Keys buy it and don't see it again for ten years. The County does not have the resources to go and do a nuisance and exotic vegetation removal on those parcels. The County does require removal of all nuisance and exotic vegetation from a parcel in conjunction with a development permit. Mr. Grau asked Ms. Duquesne!,Chairman of the Nuisance and Exotic Task Force,if the task force at their next meeting would discuss a possible list to give to the County to use for specifying certain plants In the County Code. Mr. Grau also suggested that the task force should review if 40 percent Is the correct percentage to use in determining when a hammock is no longer a hammock because It is a disturbed hammock,which would constitute a break. Mr. Roberts stated that he does not believe there is any further business that would require the TDRC convening In September because staff needs to take what the Committee has done thus far and run It 4111/ through the process. The Tier Designation Review Committee meeting was adjourned at 3:56 p.m. 13 Monroe County Comprehensive Plan Update bleaching, and disease outbreaks, or a synergy of both chronic and acute impacts. Distance from human habitation has been considered a buffer from the affects of man-made impacts; however, globally there are many examples of reefs that are remote from civilization that are similarly in decline (Donahue et al., 2008; Miller and Szmant, 2008). Sea level rise increases water depths and threatens coral reefs. 3.8,3.4 Potential for Conservation. Use. or Protection of Coral Communities Monitoring of Florida Keys reefs began in the late 1970s in Biscayne and Dry Tortugas National Parks through the 1980s. Three large ship groundings in 1989 was the major impetus for the creation of the FKNMS. The FKNMS Water Quality Protection Plan monitoring program was established to evaluate the status and trends of the coral communities throughout the FKNMS. It was finalized following technical meetings in 1994. Through these and other monitoring programs, it has been learned that a large amount of coral cover has been lost in the Florida Keys. Monitoring programs have shown an overall decline in hard coral cover of 44 percent at quantitatively surveyed stations. Proportionally, the major framework building corals seem to have been most affected (73 percent loss for Acropora palmate, and 37 percent loss for Montastraea annularis) (Andrews et al., 2008; Donahue et al., 2008). Many of the causes of local coral decline originate beyond the jurisdiction of the County. For example, algal blooms in the Florida c Keys are influenced by nutrients and water flows from the Everglades and southwest Florida. Also, warming ocean temperatures associated with global climate change are a major factor in coral bleaching. Implementing solutions that will preserve the Florida Keys coral reef system will require action on local,regional,and global scales. 3.9 Wetlands [Rule 91-5.013(1)(a)1. and (b), F.A.C.) The biological communities of the Florida Keys include five wetland types which provide important storm protection, water quality protection, and wildlife habitat functions. These wetland communities include: • mangrove forests along the shorelines of the Keys; • transitional wetlands (salt marsh and buttonwood wetlands) lying landward of the mangrove fringe and oceanward of upland communities; • sail ponds occupying shallow enclosed basins having very restricted tidal influence; • beachess; and • freshwater wetlands and freshwater ponds in areas of freshwater lenses in the Lower Keys. s Beaches are not considered to be traditional wetlands under State and federal definitions since they are located in the high wave energy zone; thus, they do not have wetland soil features nor are they vegetated (although mud flats would meet State and federal definitions of wetlands). However,beaches(as part of the beach/berm community) are protected by the Comprehensive Plan and the LDRs and by State and federal regulations when they are below the mean high water line. Thus, beaches are mentioned in this section. Beaches are more fully described in Section 3.10(Beach/Berm Communities). Conservation and Coastal Management 92 Technical Document: July 2011 ( Monroe County Comprehensive Plan Update the ADID data did not correspond to the other databases (i.e., the maps did not line up exactly). The ADID data can be useful for an individual parcel to determine if it contains a wetland with a KEYWEP score but, because of the mapping limitations, the ADID data could not be used on a County-wide basis. The County should reconcile the ADID mapping with parcel-based mapping so that this information can be captured for land use analyses. 3.9.3 Mangrove Communities Mangrove wetland communities are addressed above in Section 3.8.1 (Mangroves). Included are discussions of the following: • Flora of mangrove communities; • Existing commercial,recreational and conservation uses of mangrove communities; • Known pollution problems and/or issues related to mangrove communities; and • Potential for conservation,use, or protection of mangrove communities. 3.9.4 Salt Marsh and Buttonwood Wetlands Saltmarsh and buttonwood wetlands are tidally influenced transitional wetlands which lie landward of the mangrove fringe and seaward of the upland community. Two basic wetland communities occur in the transition zone in the Florida Keys. Salt marshes are the rower-transitional wetlands. They exist at the interface of land and marine waters, wherever wave energy is sufficiently low to allow their development and where mangrove trees are not dense enough to shade out the characteristic vegetation (Montague and Wiegert, 2001). Buttonwood (Conocarpus erectus) associations are generally higher transitional wetlands, occurring between the salt marshes and the high upland habitats. The type of transitional association that develops in the Keys is a function of tide and topography. In the Lower Keys, where the slope of the intertidal zone is very slight, the broadest expanse of transitional zones occurs. On Sugarloaf, Cudjoe, Big Torch, Little Torch, and on a number of other keys, transitional zones occupy areas hundreds of feet in width. On these keys, much of the eroded oolitic caprock is exposed, creating a karst-like substrate with disjunct, shallow depressions containing marl soils. Most of these areas are wetted only by the highest normal tides and by storm tides. By comparison, in the Middle and Upper Keys, there is a relatively steep slope to the high ground. In these areas the trarisltional zone is quite narrow, with hammock often found within a short horizontal distance from the high water mark. Table 3.7 shows the inventory of salt marsh wetlands within the County with a total of 2,552.7 acres. Most are located in the Lower Keys (94 percent) and 18 percent are privately owned. Table 3.8 shows the inventory of buttonwood wetlands with at total of 3,323.1 acres within the County and like salt marshes, most (72.5 percent) are located in the Lower Keys. Of that total, 21.7 percent are privately owned. Conservation and Coastal Management 97 Technical Document July 2011 Monroe County Comprehensive Plan Update 11/ 3.9.4.1 Flora of Salt Marsh and Buttonwood Wetlands 3.9.4.1.1 Flora of Undisturbed Salt Marsh and Buttonwood Wetlands Several environmental factors control species distribution in transitional wetlands. These are functions of elevation and tidal influence and are linearly related to distance from mean high water. They include duration of tidal submergence; duration of exposure; and frequency of submergence. Because of the low tidal amplitude (3 feet) in the Keys, the inundation of the transition zone may be affected by several other factors, including wind direction and velocity, shoreline exposure, slope, elevation and microrelief. As a result, the position of an individual plant population within the transitional zone reflects an adaptive response to a complex set of environmental gradients. The transitional habitats of the Keys contain species representative of both the adjacent mangrove and upland communities. In the most seaward subzone of transitional areas scrub mangrove communities typically occur. These are dominated by small red and black mangroves with an understory of Glasswort (Salicornia bigelovif), salt grass (Distichilis spicata), and key grass (Monanthochloe littoralis). Moving upland, there is a change to a more diverse plant community with fewer mangroves. Depending on drainage and soil conditions,this association can be either buttonwood or salt marsh. gSalt marshes are dominated by salt-tolerant herbs, shrubs, and grasses. Some salt marshes �I are mixtures of fleshy halophytes, including glasswort (Salicornia bigelovii), purslane (Sesuvium portulacastrum), and saltwort (Batis maritima). Other marshes are dominated by grasses, including salt grass, key grass, and dropseed, and occasional marsh fimbry (Fimbristylis spadicea), sea daisy, saltwort, buttonwood and small mangroves. These grasses and herbs occur as small, disjunct populations forming a mosaic. In some cases, a single population will occupy an area of about a half acre, whereas in others, the same species might be represented by only a few individuals. This distributional variability probably reflects the area's microrelief,which determines drainage and soil salinity. The Remainder of This Page Intentionally Left Blank Conservation and Coastal Management 98 Technical Document: July 2011 Monroe County Comprehensive Plan Update 10111, Table 3.7-Inventor of Salt Marsh Wetlands Ownership, Site Name 1 Total; Non- Species Federal State County Profit Cities Utilities Private Recorded Lower Keys Bahia Honda State Park 18.4 KD,MR Florida Keys Wildlife and 280.8 0.1 1.2 KD,MR,SR Environmental Area2 Great White Heron National 360.7 20.9 1.5 5.0 KD,MR,SR Wildlife Refuge John J. Pescatello Torchwood 37.2 KD,MR Hammock Preserve Monroe County 1.9 KD, MR,SR Managed Areas National Key 759.8 32.9 KD,MR,SR Deer Refuge _ Naval Air Station 248.4 MR,SR 411000 Saddle Bunch Keys 12.6 KD,MR,SR Outside of 14.2 62.1 102.8 11.3 436.4 KD,MR,SR Parks/Refuges Lower Keys 2,408.2 1,383.1 417.0 104.4 61.1 0 0 442.6 Total Middle Keys Lignumvitae Key Botanical 2.8 State Park Long Key State - Park 13.7 Outside of Parks/Refuges 1'4 21.0 Middle Keys 38.9 0 17.9 0 0 0 0 21.0 Total _ _ Upper Keys Crocodile Lake National 0.6 Wildlife Refuge Cross Key 0.1 Dagney Johnson Key Largo Hammock 48.6 SS,IS,WR,CM Botanical State Park Conservation and Coastal Management 99 Technical Document: Jul 2011 Monroe County Comprehensive Plan Update 16 Table 3.7- Invento of Salt Marsh Wetlands continued Ownership 1 Site Name 1 Total Federal State County NOi1 Cities Utilities Private- Species Profit Recorded' Everglades National Park6 4.5 Florida Keys Wildlife and Environmental 4'7 Area2 John Pennecamp Coral Reef State 37'9 0.2 Park Monroe County 0.2 Managed Areas Tarpon Basin 0.9 Outside of 4.1 0.9 2,9 Parks/Refuges Upper Keys 105.6 5.1 95.5 0.9 1.0 0 0 3.1 Total Total County 2,552.7 1,388.2 _ 530.4 _ 105.3 62.1 0 _ 0 _ 466.7 Unincorporated areas only. 1 Site names are from the FNAI GIS database. 2 Florida Keys Wildlife and Environmental Areas are managed by the FFWCC for the preservation of listed species that inhabit mangroves,tropical hardwood hammocks,and salt marshes. 3 Total in acres. 4 Ownership information is from the Monroe County Property Appraiser. 5 Species recorded are those threatened and endangered species recorded by the USFWS for a particular parcel;a blank cell does not necessarily indicate an absence of protected species on that parcel(s). SS=Schaus Swallowtail Butterfly;TS=Tree Snail; 1S= Eastern Indigo Snake;WR= Key Largo Woodrat; CM =Key Largo Cottonmouse; SR=Silver Rice Rat; KD= Key Deer;TC=Tree Cactus 6 Portion of the Everglades National Park that extends into Florida Bay; acreage does not necessarily include Mainland habitats. The Remainder of This Page Intentionally Left Blank NNW Conservation and Coastal Management 100 Technical Document: Jul 2011 Monroe County Comprehensive Plan Update Abe Table 3.8 - Inventor of Buttonwood Wetlands Ownership F Species Site Name Total Federal State County Non- Cities Utilities Private Recorded Profit Lower Keys Bahia Honda State Park 30.9 KD,MR Florida Keys Wildlife and Environmental 323.2 0.8 0.1 8.4 KD,MR, Area2 SR Great White Heron 6.4 14.3 0.1 12.3 KD,MR, National Wildlife Refuge SR John J.Pescatello Torchwood Hammock 16.1 KD,MR Preserve Monroe County 9 6 KD,MR, Managed Areas SR National Key Deer 828.6 92.5 0 1 KD,MR, RefugeSR Naval Air Station 272.6 0.1 0.1 MR,SR Saddle Bunch Keys 0.5 KD,MR, SR Outside of 7.2 34.9 136.8 27.9 1.0 586.3 KD,MR, Parks/Refuges SR Lower Keys Total 2,410.8 1,114.8 505.5 137.6 44.7 1.0 0 607.2 Middle Keys Lignumvitae Key 17.0 Botanical State Park Long Key State Park 54.1 0.4 Outside of 5.4 7.2 37.2 Parks/Refuges Middle Keys Total 121.3 _ 0 76.5 7.2 0 0 0 37.6 The Remainder of This Page Intentionally Left Blank Conservation and Coastal Management 101 Technical Document: Jul 2011 Monroe County Comprehensive Plan Update �,► Table 3.8 - Inventor of Buttonwood Wetlands continued Ownership Site Name Total Federal State County Non- Cities Utilities Private Species Profit Recorded' Upper Keys Crocodile Lake National 94.1 0.7 0.3 Wildlife Refuge Crocodile Lake 0.7 0.3 Sanctuary Dagney Johnson Key SS,TS,IS, Largo Hammock 2.1 259.8 CM,WR, Botanical State Park TC Florida Keys Wildlife and Environmental 37.7 0.6 TS,IS,TC Area2 John Pennecamp Coral 248.7 0.2 TS,IS,TC Reef State Park Monroe County 4.0 0.1 Managed Areas 0.2 TS,IS,TC Naval Air Station 1.7 Tarpon Basin 2.8 TS,TC Outside of 3.0 40.0 18.6 0.1 78.3 TS,IS,TC Parks/Refuges Upper Keys Total 794.0 101.6 590.9 19.0 3.2 0 0 79.3 Total County 3,326.1 1,216.4 1,172.9 163.8 47.9 1 0 724.1 Footnotes are the same as for Table 3.7. The Remainder of This Page Intentionally Left Blank Conservation and Coastal Management 102 Technical Document: Jul 2011 Monroe County Comprehensive Plan Update The buttonwood wetland is a transitional wetland that is usually more landward than the salt marsh and may intermix with more upland communities. Buttonwood becomes abundant and is generally associated with an understory of sea daisy, dropseed, sea oxeye (Borrichia arborescens), cordgrass, chestnut sedge, christmas berry (Lyceum carolinanum) and other small shrubs, herbs and graminoids. The open aspect of the association, resulting from the branching habit of the buttonwoods, allows sunlight to reach the ground and generates abundant vegetation beneath the trees, where there is typically soil accumulation. The wild allamanda (Urechites lutea) and rubber vine (Rhabdadenia bijlora) are also often found on buttonwoods Moving upland, the transitional zone grades into tropical hardwood hammock. The landward extent of the tides is marked by the accumulation of litter on the forest floor and generally corresponds to the hammock boundary. Often,there are small areas of hammock species within the transitional zone vegetated by small,salt tolerant trees and shrubs. 3.9.4.1.2 Flora of Disturbed Salt Marsh and Buttonwood Wetlands Vegetation of disturbed salt marsh and buttonwood communities may be either a remnant of what existed prior to the disturbance or what has colonized the site after the disturbance. Areas of disturbance which are wetted by spring or storm tides, but do not contain poorly drained saturated soils, are often vegetated by dense stands of small _. .' buttonwoods with an understory of sea daisy and salt tolerant grasses. Individual .trees remain small relative to the stature of buttonwoods growing in undisturbed conditions. Disturbed areas which are only partially vegetated by buttonwood, but still contain open zones, are highly susceptible for colonization by invasive plants, such as Brazilian pepper (Schinus terebinthefolius) and Australian pine (Casuarina equisetifolio). 3.9.4.1.3 Fauna of Salt Marsh and Buttonwood Wetlands The wildlife found in Salt Marsh and Buttonwood Wetlands are discussed in Section 3.12.1.2 (Wildlife Typically Inhabiting Salt Marsh and Buttonwood Wetland Communities). 3.9.4.2 Existing Commercial. Recreational. or Conservation Uses of Salt Marsh and Buttonwood Wetlands No development activities are permitted in undisturbed saltmarsh and buttonwood wetlands; the open space requirement is 100 percent (no clearing is allowed). These habitats are considered one of the most sensitive habitats, and if present on a development site, clustering is required. Development is only allowed in lands classified as disturbed with salt marsh and buttonwood association [Section 118-10 (Environmental Design for Specific Habitat Types)]. Only those salt marsh and buttonwood wetlands that are determined by KEYWEP to have moderate or low functional capacity are suitable for filling with appropriate mitigation,but must also be authorized by FDEP and USACE permits. Conservation and Coastal Management 103 Technical Document; July 2011 Monroe County Comprehensive Plan Update ihr Most of the undisturbed salt marsh and buttonwood wetlands are owned by State and federal agencies and presumably will not be disturbed. Conservation lands [see Section 3.18.3 (Conservation Lands)] in the Florida Keys which encompass large tracts of undisturbed salt marsh and buttonwood wetlands include: • National Key Deer Refuge; • John Pennekamp Coral Reef State Park; • Lignumvitae Key Aquatic Preserve; • Biscayne Bay Aquatic Preserve; • Coupon Bight Aquatic Preserve; • Florida Keys National Marine Sanctuary; and • Everglades National Park. 3.9.4.3 Known Pollution Problems and/or Issues Related to Salt Marsh and Buttonwood Wetlands Placement of fill for residential development, accessory structures, and accessways is the primary source of pollution in salt marsh and buttonwood wetlands in the Keys. Placement of fill disrupts the local natural drainage pattern, thereby affecting adjacent wetland areas outside of the immediate area of filling. Homeowners typically introduce non-native plant material in residential landscaping and, with time, expand the area of disturbance further into-adjacent wetlands. OSTDS serving development sites in salt marsh and buttonwood wetlands are likely to function improperly due to soil wetness and flooding. Malfunctioning systems release nutrients and other contaminants into the substrate and the highly permeable underlying limestone. From there the contaminants move laterally in groundwater to adjacent wetlands and nearshore waters. Other pollution problems and concerns related to salt marsh and buttonwood wetlands include: • illegal dumping; • damage from off-road vehicles; • disruptive activities at the fringe of salt ponds caused by the proximity to developed land uses; • _altered hydrology due to mosquito ditches, canals,and roads; and • sea level rise. 3.9.4.4 Potential for Conservation. Use, or Protection of Salt Marsh and Buttonwood Wetlands The current Comprehensive Plan and the LDRs specify setbacks and the ROGO/NROGO provides restrictions on the development of undisturbed salt marsh and buttonwood wetlands. Off-road vehicle trespassing onto salt marsh and buttonwood wetlands could be reduced through improved posting of private lands and by stepped-up enforcement of Conservation and Coastal Management 104 Technical Document: July 2011 Monroe County Comprehensive Plan Update 411/ trespass laws and illegal use of public lands. Protection against illegal dumping could be improved by increased enforcement of existing dumping regulations. 3.9.5 Beaches Beaches are addressed below in Section 3.10 (Beach/Berm Communities). Included are discussions of the following: • beaches of the Florida Keys; • flora of beach communities; • existing commercial,recreational and conservation uses of beaches; • known pollution problems and/or issues related to beaches; • past trends in beach erosion and accretion; • effects of coastal or shore protection structures on beaches; • existing and potential beach renourishment areas; and • potential for conservation, use or protection of beaches. 3.9.6 Salt Ponds Salt ponds are remnants of former open water areas that have been cut off from tidal connection by storm-built berms or man-made structures. The result is a shallow 411, imp6undment, which receives saltwater during intense storm events and rainwater on a regular, seasonal basis. They range in size from less than one acre to tens of acres. The best known salt pond system is located along the southeastern shoreline of Key West landward of South Roosevelt Boulevard (State Route A1A). This series of ponds supported a salt production industry in Key West from 1830 through the 1860s. Other salt ponds are located on Boca Grande Key, Cudjoe Key, Little Torch Key, Fat Deer Key (Cocoplum Beach), Ohio Key, and Long Key. Salt ponds are tidal habitats but they are flushed only by the highest of tides, often just once a year in the fall. For much of the year they can become highly saline environments (Kalla, 2000). Seasonally variable water depths range from 2 feet to occasionally dry in the late spring. Salinity of pond waters can range from 5 parts per thousand during heavy rains to as high as 50-100 parts per thousand at the end of the dry season. Standing water can disappear from all or part of a pond during the dry season leaving salt deposits on the sediment surface (Kalla, 2000). Because of the typically small volume of water contained in these ponds, water temperatures approach those of the ambient air, ranging from 69.4 to 84.9 degrees F (monthly mean, Key West). In the smaller ponds, and in the large ponds during periods of dry-down, daily water temperature fluctuations are probably more extreme, with peak summer values in excess of 90 degrees F. Salt pond sediments are generally a mixture of organic mud marl and coarser-grained, calcareous skeletal materials derived from marine organisms. These sediments often have a reddish color. Their composition reflects a history of both in situ deposition and storm deposition. In some ponds, there is only a thin (1 to 2 inch) marl layer over the caprock, whereas in others, sediment depths exceed a foot and are often anaerobic. Although salt Conservation and Coastal Management 105 Technical Document: July 2011 Monroe County Comprehensive Plan Update pond systems are subject to harsh extremes in temperature and salinity, they support a flora and fauna, which are adapted to these extremes and, as a result of the extremes, can be continually changing. Salt ponds are mapped together with freshwater ponds. Thus, they are included in Section 3.9.7 (Freshwater Wetlands). 3.9.6.1 Flora of Salt Ponds Submerged vegetation is either absent or sparse or it can be seasonal. Dominant salt pond plants include green algae (Batophora oerstedii) and Acetabularia crenulata on coarse substrates; and widgeon grass (Ruppia maritime), algae (Batophora oerstedii) tolerant of salinity fluctuations, spike rush (Eleocharis cellulose), and shoal grass (Halodule wrightii) rooted in the sediments. Occasional black mangrove (Avicennia germinans) and, less frequently, red mangrove (Rhizophora mangle) are found along the pond banks. The smaller ponds often contain little or no macroscopic vegetation. In larger ponds the spike rush and occasional mangroves are restricted to the pond margins, while the central area usually contains no emergent vegetation. Probably the best adapted biotic component of the salt ponds is the periphyton, an association of microalgae (primarily blue-greens) that form mat-like structures composed ( of fine algal filaments. In wetland areas which periodically dry out, these mats appear as \/ black crusts on the surface of the caprock or sediment. 3.9.6.2 Fauna of Salt Ponds The wildlife found in Salt Ponds are discussed in Section 3.12.1.3 (Wildlife Typically Inhabiting Salt Pond Communities). 3.9.6.3 Existing Commercial. Recreational. or Conservation Uses of Salt Ponds Historically, salt ponds were used for the evaporation of salt for commercial uses. This practice ended in the 1860s but some of the diversion ditches and berms remain to remind us of their historic uses. Flooding occurs during the highest tides through culverts,shallow creeks, broad transitional wetlands or a temporary natural break in the land barrier (e.g., Cocopium Beach; Kalla, 2000). Currently, salt ponds on Cudjoe Key and Little Torch Key are located within the limits of the National Key Deer Refuge. Several salt ponds are located within the Key West National Wildlife Refuge, most notably the historic ponds on Duck Key. Salt ponds are now well-known tourist (and local) destinations for bird enthusiasts. 416, Conservation and Coastal Management 106 Technical Document; July 2011 Monroe County Comprehensive Plan Update 3.9.6.4 Known Pollution Problems and/or Issues Related to Salt Ponds Until around 1985, salt ponds in the Florida Keys were filled to provide land for development. The current Comprehensive Plan and the LDRs (see above) prohibit these activities and State and federal permits would be needed to fill, drain, or alter salt ponds. Pollution problems and other concerns related to salt ponds include illegal dumping and disruptive activities at the edges of salt ponds caused by the proximity to developed land uses. Illegal dumping is a problem along the perimeter of salt ponds, particularly where there is vehicular access. Proximity of developed land uses to salt ponds tends to adversely affect perimeter areas of the wetland. These impacts are typically direct physical effects caused by landowner dumping of yard debris at the perimeter of residential lots and the cumulative impacts of homeowners through the years caused by yard improvements, such as perimeter clearing, minor spot filling, and planting of non-native plant materials. Disturbance along the edges of salt ponds can cause the colonization of invasive plants, especially lather leaf (Colubrina asiatico) and Brazilian pepper (Schinus terebinthifolius). Sea level rise also threatens the hydrology of salt ponds. 3.9.6.5 Potential for Conservation. Use. or Protection of Salt Ponds The Comprehensive Plan policies and Section 118-4 of the LDRs prohibits development activities in mangroves, freshwater wetlands and in undisturbed saltmarsh and buttonwood wetlands. The LDRs should be amended to include salt ponds in this prohibition. However, filling or alteration of salt ponds would be subject to permit authorization by the SFWMD and/or FDEP and the USACE. Open space buffers are specified for all wetlands, which would include salt ponds. Control of exotics should be a priority for the conservation of wildlife functions of salt ponds. Several restoration projects in salt ponds have been completed by the KERF. 3.9.7 Freshwater Wetlands A freshwater lens is a small scale aquifer where a shallow pool of water is perched upon underlying salt water (see Chapter 12.0 Natural Groundwater Aquifer Recharge Element). Seasonal high mean sea level in the fall "pushes"the lens above the ground surface in many areas-(Kalla, 2000). The size of these lenses is controlled by rainfall, freshwater discharge (seepage, pumpage, runoff, and evapotranspiration), response to tidal fluctuations, proximity to saltwater bodies, permeability of the subsurface materials, and elevation of the island above sea level (Klein, 1970; Hanson, 1980; Kalla, 2000). Discharge from these freshwater lenses is to lower topographic areas. Some groundwater discharge occurs to mosquito control ditches, where freshwater wetlands dominated by Cattail (Typha spp.) typically develop. Permanent freshwater lenses occur on the larger keys, specifically Key West and Big Pine Key. The largest and best known of the surface freshwater ponds on Big Pine Key is Blue Conservation and Coastal Management 107 Technical Document: July 2011 Monroe County Comprehensive Plan Update `, Hole, a one acre former limestone quarry within the boundaries of the National Key Deer Wildlife Refuge. Ephemeral or brackish lenses are present on the smaller keys, including Sugarloaf Key, Little Torch Key, Cudjoe Key, No Name Key, Little Pine Key, and Ramrod Key. The Lower Keys are more likely to have lenses because of their geometry and geology. By comparison to those on Big Pine Key, the freshwater lenses on the other keys are much smaller in size and generally do not have adequate year-round groundwater discharges to sustain large permanent freshwater pools or wetlands. Freshwater wetlands were mapped for the Advance Identification of Wetlands (ADID). However, the current County GIS database was used for this inventory. The inventory of freshwater wetlands is shown in Table 3.9. A total of 961.1 acres of freshwater wetlands are in the County. All but 0.5 acres are found in the Lower Keys; none were observed in the Middle Keys. Of the total amount, 12.3 percent are privately owned. The inventory of freshwater ponds and salt ponds is shown in Table 3.10. Most open water ponds are located in the Middle and Lower Keys. Of the total pond area, 15 percent are privately owned. 3.9.7.1 Flora of Freshwater Wetlands ,39711 Flora ofSawgrass Marshes The most extensive freshwater wetlands in the Keys are the sawgrass (Cladium jamaicense) tliv marshes of Big Pine Key and adjoining smaller keys. These sawgrass marshes occur along the edges of the slash pinelands, at slightly lower elevations. The occurrence of the sawgrass marshes, as well as the pinelands conforms quite closely with the outline of the two freshwater lenses beneath Big Pine Key (Ross, 1989). The freshwater wetlands include large, natural, and impounded sloughs in the central portion of Big Pine Key and numerous smaller interior basins scattered throughout Big Pine Key. The sloughs are important discharge areas that receive drainage from the freshwater lenses during periods of high water and, because of their size and extensive ditching, typically contain most of the surface freshwater on Big Pine Key at any one time (Jackson, 1989). In contrast, the smaller, interior basins are recharge areas that retain water until it can be absorbed into the ground and surrounding uplands (Kalla, 2000). The Sawgrass Marshes are dominated by sawgrass (Cladium jamaicensis). Other freshwater marsh species include saw sedge (Cyperus ligularis), white-top sedge (Rhynchospora floridensis), giant leather fern (Acrostichum damaeifolium), false foxglove (Agalinis spp.), perennial saltmarsh aster (Symphyotrichum tenuifolius), broom sedge (Andropogon glomeratus), and buttonwood (Concocarpus erectus). Two vines, mangrove rubber vine (Rhabdadenia biflora) and wild allamanda (Pentalinom lutea), and a variety of bromeliads, occasionally occur on the buttonwoods. Sawgrass occurs ubiquitously in both fresh and brackish wetlands. In areas that contain brackish water or slightly saline soils, the association often includes other salt tolerant species including gulf coast spikerush (Eleocharis cellulose), hurricanegrass (Fimbristylis cymosa), and seashore dropseed (Sporobolus virginicus). In these areas, buttonwood and Conservation and Coastal Management 108 Technical Document: July 2011 Monroe County Comprehensive Plan Update `, mangroves also frequently occur. In small, shallow solution depression on Big Pine, No Name, Cudjoe, and Sugarloaf Keys, dense stands of saw palmetto (Serenoa repens) are found closely associated with sawgrass. While less diverse than the pinelands with which they are typically associated, the sawgrass marshes contain several State-protected plants, including pride-of-Big-Pine (Strumpfia maritime),joewood Jacquinia keyensis),and bromeliads (Tillandsia spp.). 3.9.7,1.2 Flora of Cattail Marshes Cattail (Typha spp.) marshes occur less extensively than the Sawgrass marsh on Knockemdown, Big Pine, Little Torch, Middle Torch, Sugarloaf, and Cudjoe keys. Because cattail marshes naturally occur well within the confines of hammocks protected from the xeric atmospheric conditions characteristic of more open areas, they are probably subjected to saline influences only during hurricanes or tropical storms. Where organic soils are deeper, these marshes are characterized by almost pure stands of Cattail. In some, gulf coast spikerush (Eleocharis cellulose) often occurs in pure stands just a few inches below the sawgrass. Buttonwoods and occasional mangroves are present on the borders, supporting mixed populations of bromeliads (Tillandsia spp.) and butterfly ( orchid (Encyclia tampensis). ` In addition to natural cattail marshes, narrow linear freshwater wetlands dominated by Cattail occur along mosquito ditches throughout the Keys. These ditches are flooded by freshwater during the wet season and, due to the high water-holding capacity of the deep organic layer,contain wet to moist soils throughout the year. 3.9.7.2 Fauna of Freshwater Wetlands Wildlife found in Freshwater Wetlands is discussed in Section 3.12.1.4 (Wildlife Typically Inhabiting Freshwater Wetland Communities) 3.9.7.3 Existing Commercial. Recreational, or Conservation Uses of Freshwater Wetlands The Comprehensive Plan policies and Section 118-4 of the LDRs prohibits development activities in freshwater wetlands and the open space requirement is 100 percent. Open space buffers are specified for all wetlands. Most freshwater wetlands are protected by the Tier Overlay Ordinance and ROGO/NROGO. In addition, filling or alteration of freshwater wetlands would be subject to permit authorization by the SFWMD and/or FDEP and the USACE. The largest freshwater wetlands on Big Pine Key are included in the National Key Deer Refuge. Outside of Big Pine Key, freshwater wetlands are found on Cudjoe Key, No Name Conservation and Coastal Management 109 Technical Document: July 2011 Monroe County Comprehensive Plan Update Key, Ramrod Key, and Sugarloaf Key. Approximately 117 acres remain in private ownership. Table 3.9- Inventor of Freshwater Wetlands Ownership`I Site Name ' Total` Federal State County Non- Cities Utilities Private Species Profit Recorded Lower Keys Florida Keys Wildlife and 57.3 1.1 0.1 0.8 KD,MR,SR Environmental Area2 Great White Heron National Wildlife Refuge _ 0 4 KD,MR Monroe County Managed 2.2 Areas KD, MR,SR National Key Deer Refuge 363.4 2i5' 0.1 0.1 KD,MR,SR Naval Air Station 27.0 MR Saddle Bunch Keys 2.3 KD,MR,SR Terrestris Preserve 13.8_ KD,MR Outside of Parks/Refuges 13.4 18.0 78.4 11.0 116.6 KD,MR,SR Lower Keys Total 961.1 403.8 3 62. 80.0 27.2 0 0 117.5 Middle Keys 11111111, Middle Keys Total _ 0 0 0 0 0 0 0 0 Upper Keys Outside of Parks/Refuges _ 0.5 Upper Keys Total 0.5 0 0 0 0 0 0 0.5 Total County 961.6 403.8 332.6 80.0 _ 27.2 0 0 118.0 Unincorporated areas only. 1 Site names are from the FNAI GIS database. 2 Florida Keys Wildlife and Environmental Areas are managed by the FFWCC for the preservation of listed species that inhabit mangroves,tropical hardwood hammocks,and salt marshes. 3 Total in acres. 4 Ownership information is from the Monroe County Property Appraiser. 5 Species recorded are those threatened and endangered species recorded by the USFWS for a particular parcel;a blank cell does not necessarily indicate an absence of protected species on that parcel(s). SS=Schaus Swallowtail Butterfly;TS=Tree Snail; IS= Eastern Indigo Snake;WR= Key Largo Woodrat; CM =Key Largo Cottonmouse;SR=Silver Rice Rat; KD=Key Deer;TC=Tree Cactus The Remainder of This Page Intentionally Left Blank Conservation and Coastal Management 110 Technical Document: July 2011 Monroe County Comprehensive Plan Update Table 3.10 -Inventor of Freshwater Ponds and Salt Ponds Ownership Site Name Total'; Non- Federal State County Profit Cities Utilities Private Species Recorded} Lower Keys Bahia Honda 9.2 KD State Park Florida Keys Wildlife and 61.1 Environmental 0.6 KD,MR,SR Area2 Great White Heron National 82.3 2.3 12.9 KD,MR,SR Wildlife Refuge John J.Pescatello Torchwood 20.3 KD Hammock Preserve Monroe County 12.9 Managed Areas KD,SR National Key 313.3 50.8 6.5 KD,MR,SR Deer Refuge Naval Air Station 241.5 0.1 KD,MR,SR Saddle Bunch Keys 0.5 SR Outside of 71.0 86.8 26.5 6.6 426.5 KD,MR,SR Parks/Refuges Lower Keys 1,431.7 708.1 223.1 26.5 27.4 0 0 446.6 Total Middle Keys Lignumvitae Key Botanical State 22.0 Park Long Key State 15.7 0.2 Park Outside of 0.7 1.8 14.0 Parks/Refuges Middle Keys 1,470.6 1,416.2 38.4 2.0 0 0 0 14.0 Total Upper Keys Crocodile Lake National Wildlife 359.6 0.7 0.1 0.2 0.1 Refuge Crocodile Lake 2.0 3.7 Sanctuary Cross Key 1.3 Conservation and Coastal Management 111 Technical Document: Jul 2011 Monroe County Comprehensive Plan Update Table 3.10- Inventor of Freshwater Ponds and Salt Ponds continued Ownership Site Name Total Non- Species Federal State County Profit Cities Utilities Private Recorded' Dagney Johnson Key Largo Hammock 28.2 0.1 Botanical State Park Everglades 279.8 National Park6 Florida Keys Wildlife and Environmental 58.3 0.1 Area2 John Pennecamp Coral Reef State 9.5 0.1 Park Monroe County 6.5 Managed Areas Tarpon Basin 6.8 1.1 43.7 Outside of Parks/Refuges 1.9 1.8 3.0 0.1 1.06 117.0 Upper Keys 926.7 650.1 106.1 3.1 49 0 1.0 117.4 Total Total County 3,829.0 2,774.4 _367.6 31.6 __ 76.4 0 1.0 578.0 Footnotes 1-5 are the same as in Table 3.9. 6 Florida Keys Mosquito Control District The Remainder of This Page Intentionally Left Blank Conservation and Coastal Management 112 Technical Document: Jul 2011 Monroe County Comprehensive Plan Update 3.9.7.4 Known Pollution Problems and/or Issues Related to Freshwater Wetlands Freshwater wetlands, ponds,and pools are above-ground expressions of freshwater lenses. The Big Pine Key lens system is probably the most studied and the best mapped. The effects of urbanization were documented on both the horizontal and vertical extent of the lenses, especially the southern lens (Kalla, 2000). Areas of saltwater intrusion were documented due to freshwater withdrawals. Seasonal changes have also been documented. Seasonal high tides and heavy rains during the wet season develop strong outflows. Until 1986, when the County adopted the Florida Keys Comprehensive Plan, freshwater wetlands in the Florida Keys were filled routinely for purposes of providing dry land for development. Some were used as borrow pits or for limestone mining. In 1986,the County adopted its current LDRs,which effectively stopped such activities in the Keys. Pollution problems and other concerns related to freshwater wetlands which remain today include: • illegal dumping; • disturbance at the fringe of freshwater wetlands caused by the proximity to developed -- ------------land-uses; • colonization by invasive plant species; • groundwater withdrawals from irrigation wells; • injection wells for storage of stormwater volumes; • mosquito ditches and seawater canals;and • sea level rise. Illegal dumping is a problem along the perimeter of freshwater wetlands, particularly where there is vehicular access. This is of special concern due to the potential dumping of uncontained hazardous wastes which can leach into the soil and enter groundwater. Some freshwater wetlands are disturbed by off-road vehicles. Wetland plants are very susceptible to compaction. Where they are killed by repeated vehicular use, soil conditions are usually unfavorable for their recolonization. Once formed, tracks usually remain bare ---- or are revegetated by invasive plant species. Colonization by invasive exotic plant species is a problem at the edges and within freshwater systems. Proximity of developed land uses to freshwater wetlands tends to adversely affect perimeter areas of the wetland. These impacts are typically direct physical effects caused by landowner dumping of yard debris at the perimeter of residential lots and the cumulative impacts of homeowners through the years caused by yard improvements, such as perimeter clearing, minor spot filling,and planting of non-native plant materials. Conservation and Coastal Management 113 Technical Document: July 2011 Monroe County Comprehensive Plan Update Horizontal flow of groundwater contaminated with nutrients is the major source of nonpoint source nutrient transport to surface freshwater resources. On Big Pine Key, nutrient pollution of groundwater results primarily from inadequate treatment of wastewater by OSTDS, with secondary contamination from discharges or drainfields (Lapointe, 1989; Lapointe et al., 1999). Other less significant contaminant sources include cesspits and fertilizers. Nutrient-polluted groundwater in the freshwater lenses flows down-gradient into surface waters as a function of "wet-dry" seasonality (Lapointe et al., 1999). Nutrient concentrations of surface waters are highest in the spring-summer-fall wet season when there is greater release of contaminated water from the subsurface freshwater lenses. During this period there are greater man-made loading rates to groundwater (due to increased transient residential populations) and greater hydraulic head due to increased rainfall (recharge). Historically, wells were installed in freshwater lenses. Many of these were installed by private landowners for domestic water supply for the house and/or landscaping, but there were also some commercial uses such as irrigation for nurseries. The amount of water withdrawn from wells is unknown, but anecdotal evidence suggests that withdrawals have declined due to closure of several plant nurseries and due to closure of individual private wells for domestic use. When homes connect to the public water supply,the FKAA requires E that_homeowners abandon (backfill) their well so that lens water can no longer be ` withdrawn. Hanson's study (1980) of the fresh water on Big Pine Key found that continued pumping from shallow wells would probably not damage the system. However,he projected that future increased withdrawals from new residences and new or enlarged plant nurseries would "increase the stress on the freshwater lens which can only supply moderate amounts without detrimental effects during most years". Indeed, subsequent investigation showed that the effects of urbanization were being exhibited by the freshwater lens (Stewart et al, 1989). The southeast lens on the Key has decreased in lateral extent and maximum depth and is clearly affected by saltwater intrusion due to pumping and canal dredging activities. A modeled simulation of pre-development and current conditions on Big Pine Key showed that the total volume of the lens has decreased by 20 percent in response to dredging of canals (Langevin et al., 1998). The potential effects of sea level rise on freshwater lenses include the decrease in size of freshwater lens, either on a permanent or seasonal basis. Other factors include a potential increase in hurricane intensity, which could mean more severe storm surges. Ross et al. (1994) concluded that sea level rise and associated salinization of groundwater and soil water is a major factor in the reduction of pine forests of Sugarloaf Key. Ross et al. (1994) also concluded that as sea level continues to rise,the Florida Keys will experience a decline in both landscape and species diversity, as species-rich upland communities are replaced by simpler mangrove communities. 411, Conservation and Coastal Management 114 Technical Document: July 2011 Monroe County Comprehensive Plan Update 3.9.7.5 Potential for Conservation. Use, or Protection of Freshwater Wetlands Continued government acquisition of freshwater wetlands in the Lower Keys offers the greatest opportunity for conservation of these critical resource areas. Acquisition efforts should continue to focus on freshwater wetlands, freshwater ponds, buffer areas, and the critical recharge areas of the groundwater lenses which sustain freshwater flows into the wetland habitat areas. KERF has completed a number of freshwater restoration projects, with other projects in various stages of planning and phased restoration. The Fund has removed fill from 35 acres and has removed 4 miles of abandoned roadbed, and the restored water flows have assumed benefits to approximately 1000 acres of wetland or nearshore waters (Audubon of Florida website6). 3.9.8 Disturbed Wetlands 3.9.8.1 General Characteristics of Disturbed Wetlands Disturbed land is defined as follows in the Monroe County LDRs: "Disturbed land means land that manifests signs of environmental disturbance € which has had an observable effect on the structure and function of the natural �/ community which existed on the site prior to the disturbance." The current land use maps do not include a separate category for disturbed wetlands. Instead, most disturbed wetlands are included in the Undeveloped Land category,although some disturbed wetlands are mapped as mangrove, buttonwood, or other wetland habitats. According to the land use cover class maps, undeveloped lands are defined as, "... open,scarified, or disturbed lands which tend to have uncertain land uses and may contain native species." Although this category contains mostly upland disturbed habitats, it may also contain disturbed wetlands. Consistent with these definitions, disturbed wetland communities show obvious signs of environmental disturbance which has had an observable effect on the original wetland community. The current Comprehensive Plan and the LDRs allow filling only in Disturbed Salt Marsh and Buttonwood Wetlands with appropriate mitigation; all other wetland categories have open space requirements of 100 percent. Further, only those disturbed Salt Marsh and Buttonwood Wetlands that have a KEYWEP score below 7.0 (or are assigned a green flag) are suitable for filling with appropriate mitigation, as determined by 6 http://www.audubonofflorida.ordspecialplaces_FloridaKeys.html,accessed June 2,2010. Conservation and Coastal Management 115 Technical Document: July 2011 Monroe County Comprehensive Plan Update 3.1a6 Effects of Coastal or Shore Protection Structures on Beach/Berm Communities Coastal protection structures have been used throughout the Keys for purposes of reducing shoreline erosion, including erosion on beaches. Groins and other erosion measures have been used at Bahia Honda State Park (FDEP, 2009). The FDEP has not specifically identified any instances of adverse impacts on beaches associated with shoreline protection structures,such as groins, breakwaters, riprap and bulkheads (FDEP, 2008). 3.10.7 Existing and Potential Beach Renourishment Areas Beach renourishment projects (discussed above) have occurred at several beaches in unincorporated Monroe County, including beaches at Little Duck Key, Bahia Honda State Park, and Boca Chica Key. In addition, FDEP has evaluated beach and dune restoration options at Long Key State Park. These beach restoration projects have primarily been for post-storm recovery. The County and the USACE are eligible governmental entities under the beach erosion control assistance program. The County and the City of Key West have participated with the FDEP as the local sponsors of beach management projects. In addition, the Florida Division of Recreation and Parks manages state parks on Long Key, Little Crawl Key, Indian Key, Lignumvitae Key, Bahia Honda, and Key West, and is responsible for environmental resource management of all the wet sandy beaches of the keys under the FKNMS program. Project cost estimates and schedules may be found in the Florida Beach Management Funding Assistance Program- Long Range Budget Plan. 3.10.8 Potential for Conservation, Use, or Protection of Beach/Berm Communities The FDEP has completed several beach restoration projects in response to recent hurricanes (Table 3.13). With the exception of unspecified needs to address beach erosion on Long Key, FDEP has no current recommendations. Acquisition is the most direct means of preserving remaining undisturbed beach/berm habitat areas in the Keys. This can be accomplished for some high priority beaches, particularly those which are suitable for recreation use. The County permits a limited number of uses in beach/berm areas. The Tier Overlay Ordinance establishes open space requirements based on the tier [see Section 3.19 (Effects of Future Land Use on Natural Resources)]. 3.11 Upland Vegetation [Rule 9]-5.013(1)(a) and (b), F.A.C.] There are two native upland biological communities in the Florida Keys. These are: t • tropical hardwood hammocks,the climax terrestrial community, and �✓ • pinelands,a fire-climax system. Conservation and Coastal Management 128 Technical Document: July 2011 Monroe County Comprehensive Man Update Many upland areas in the Keys have experienced disturbance of some kind which has interfered with natural succession in upland communities. These uplands are referred to collectively as "disturbed lands." The methods used to inventory upland habitats are described in Section 3.8 (Living Marine Resources). Map Series 3.3 depicts the Tropical Hardwood Hammock and Pinelands habitats within the Upper, Middle,and Lower Keys. 3.11.1 Tropical Hardwood Hammocks Tropical hardwood hammocks constitute the climax terrestrial community of South Florida and the Keys. This community is probably the richest in diversity,with approximately 100 species of wide tropical occurrence, present in the Keys and nowhere else in the continental United States. They are also called Rockland Hardwood Hammock or Rockland Hammock in recent texts because of their location in outcroppings of limestone. The soil of these hammocks consists mostly of a thin layer of partially decomposed organic matter resting directly on a porous limestone substrate. This humus layer allows increased soil moisture relative to other communities in the Keys. Many of the hammock trees generate the leaf litter layer themselves, thus preparing the substrate for other species. The closed canopy of hammocks is insulative, moderating thermal extremes (Olmstead and Loope, 1984; Taylor, 1998; USFWS, 1999) and reducing the loss of soil moisture. The inventory of tropical hardwood hammocks within the Florida Keys is shown in Table 3.14. There is a total of 7,283.8 acres of hammock in the Florida Keys (incorporated areas and mainland hammocks are not included) and they are found in approximate equal proportions in the Upper, Middle, and Lower Keys. Of the total acreage, 75 percent are protected by federal and State ownership and 20 percent are privately-owned. The structure and composition of tropical hardwood hammocks in the Florida Keys are variable and are influenced by several factors, including fire and hurricane disturbances, local gradients of saltwater influence, surrounding vegetation types, and the elevation and character of the limestone substrate (Snyder et al., 1990). Species composition differs between the Upper, Middle, and Lower Keys (USFWS, 1999; Ross et al., 1992). Because trees are shallow-rooted, hurricanes can seriously damage a hammock by uprooting or breaking the limbs of large trees. 3.11.1.1 Flora of Tropical Hardwood Hammocks Hammock communities occur as isolated stands of hardwoods or "tree islands". These distinct tree islands consist of broadleaved evergreen hardwood species mainly of a West Indian distribution and are typically surrounded by pinelands or wetland vegetative communities which occur in wetter soils (Tomlinson, 1980; Snyder et al., 1990; Taylor, 1998; USFWS, 1999). They are closely associated with tropical pinelands on the larger keys, most notably on Big Pine Key. The island-like character is most evident on mainland Monroe County, where raised areas among the pinelands and freshwater wetlands harbor hammock forests. In the Keys, the natural topographic configuration of the islands, ( especially in the Upper Keys, has favored development of large stands of hardwoods (Snyder et al. 1990; Ross et al., 1992). Conservation and Coastal Management 129 Technical Document: July 2011 Monroe County Comprehensive Plan Update Table 3.14-Inventor of Tro s ical Hardwood Hammock Habitats Ownership Site Name 1 Total Federal State County Non- Cities Utilities Private Species Profit Recorded Lower Keys Bahia Honda 21 5 TS,KD,MR, State Park TC Florida Keys Wildlife and 0.4 504.4 0.8 12.1 TS,IS,KD, EnvironmentalMR,SR,TC Area2 Great White Heron National 216.3 3.5 1.4 3.7 TS,IS,KD, Wildlife Refuge MR,SR,TC John J.Pescatello Torchwood TS, IS,KD, Hammock 32.6 MR,TC Preserve Monroe County 0.2 20.0 0.1 TS,IS,KD, Managed Areas0"2 MR,SR,TC National Key 1,523.2 155.3 0.5 0.6 TS,IS,KD, Deer RefugeMR,SR,TC Naval Air Station 79.2 TS,IS,MR, SR,TC Saddle Bunch TS,IS,KD, ‘11re Keys 2.9 MR,SR,TC Outside of 50.8 126.3 161.3 24.5 1.7 801.0 TS,IS,KD, Parks/Refuges MR,SR,TC Lower Keys 3,744.5 1,870.1 831.6 164.1 60.00 1.7 0 817.6 Total _ Middle Keys Lignumvitae Key Botanical State 157.3 TS,IS,TC Park Long Key State 77.8 0.7 TS,IS,TC Park Outside of 1.3 2.0 9.6 TS,IS,TC Parks/Refuges Middle Keys 248.7 0 236.4 2 0 0 0 10.3 Total The Remainder of This Page Intentionally Left Blank Conservation and Coastal Management 130 Technical Document: Jul 2011 Monroe County Comprehensive Plan Update Li, Table 3.14-Inventor of Tro•ical Hardwood Hammock Habitats continued Ownership Site Narne Total Federal State County Non- Cities Utilities Private Species Profit Recorded Upper Keys Crocodile Lake SS,TS,IS, National 527.6 74.0 1.1 0.9 CM,WR, Wildlife Refuge TC Crocodile Lake SS,TS,IS, Sanctuary 0.2 CM,WR, TC Dagney Johnson Key Largo SS,TS,IS, Hammock 23.5 1,273.7 0.1 1.5 CM,WR, Botanical State TC Park Florida Keys Wildlife and 130.9 0.1 Environmental 2.6 TS,IS,TC Areaz John Pennecamp 255.2 6.8 0.36 2.2 Coral Reef State Park NNW Curry Hammock 2.1 2.7 TS,TC State Park Monroe County 12.9 0.2 0.5 TS,IS,TC Managed Areas Naval Air SS,TS,IS, Station 18.5 3.4 CM,WR, TC Tarpon Basin 9.7 0.1 TS,IS,TC Outside of 45.4 161.0 110.7 2.1 1.2 619.4 TS,IS,TC Parks/Refuges _ Upper Keys 3,290.6 615.0 1,911.1 118.9 14.1 1.3 0.3 629.9 Total Total 7,283.8 2,485.1 2.979.1 285.0 74.1 3.0 0.3 1,457.8 County Unincorporated areas only;does not include mainland hammocks. Footnotes 1-5 are the same as in Table 3.9. 6 Key Largo Wastewater Treatment The Remainder of This Page Intentionally Left Blank Liv Conservation and Coastal Management 131 Technical Document: Jul 2011 • Monroe County Comprehensive Plan Update kir The drier climate and well-drained soils of the Keys relative to the mainland also allow establishment of well-developed stands of tropical hardwoods, to the virtual exclusion of temperate species. Hammock vegetation on the Keys may include a higher proportion of species which are rare on the mainland, such as milkbark (Drypetes diversifolia); lignumvitae (Guaiacum sanctum); and princewood (Exostema caribaeum). Hammock vegetation may also include many tropical species that are restricted to the Keys, such as pisonia (Pisonia rotundata), maidenbush, (Savia bahamensis); and cinnecord (Acacia chorrophylla) (Tomlinson, 1980; Scurlock, 1996). Early researchers categorized hammocks as "high" and "low" hammocks due to slight differences in their elevations. Recent researchers no longer separate these hammock types due to the high degree of variability among them and their location at the transition between other habitat types (e.g., Pinelands). Many of the species normally occurring in Tropical Hardwood Hammocks are: Common Name Scientific Name Torchwood Amyris elemifera Marlberry Ardisia escallanioides Crabwood Ateramnus lucidus Saffon Plum Bumelia celastrina Willow Bustic Bumelia salicifolia 4111, Gumbo Limbo Bursera simaruba Locustberry Brysonima cuneata Spicewood Calyptranthes pallens Wild Cinnamon Canella winterana Limber Caper Capparisflexuosa Snowberry Chiococca alba Pigeon Plum Coccoloba diversifolia Buttonwood Conocarpus erectus Milkbark Drypetes diversifolia Black Torch Erithalisfruticosa White Stopper Eugenia axillaris Spanish Stopper Eugeniafoetida Everglades Velvetseed Guettarda elliptica ---- ---- Black Ironwood Krugiodendronferreum Wild Lantana Lantana involucrata Wild Tamarind Lysiloma latisiliquum Wild Dilly Manilkara bahamensis Poisonwood Metopium toxiferum Myrsine Myrsine floridana Lancewood Nectandrea coriacea Jamaican Dogwood Piscidia piscipula Cockspur Pisonia rotundata Black Bead Pithecellobium guadalupense Conservation and Coastal Management 132 Technical Document: July 2011 Monroe County Comprehensive Plan Update Common Name Scientific Name Long Stalked Stopper Psidium longipes Wild Coffee Psychotria nervosa Indigo Berry Randia aculeata Darling Plum Reynosia septentrionalis Maidenbush Savia bahamensis Bahama Nightshade Solanum bahamense Mahogany Swietenia mahogoni Tallowwood Ximenia americana Wild Lime Zanthoxylum fagara Sources: Snyder et al., 1990 and USFWS, 1999 Many plant species of Tropical Hardwood Hammocks in the County are dominated by species of tropical origin. Many are bird dispersed and only a few (e.g., mahogany) are wind dispersed, which explains their West Indian and Caribbean origins. Many of these species are extremely rare and are listed as threatened or endangered by the State of Florida; few are federally listed, although over 170 species are federally listed as species of concern (USFWS, 1999). Tropical Hardwood Hammocks on the Florida Keys tend to be drier than those on the mainland because of increased ocean breezes and lowered rainfall. They also have a higher percentage of tropical species in part because many temperate species, such as live oak (Quercus virginiania), swamp bay (Persea palustris), and sugarberry (Celtis laevigata) reach their southern limits on the mainland or in the northern Keys. Many tropical tree species within Florida, such as rough strongbark (Bourreria radula) and lignum-vitae (Guaicum sanctum) only occur in rockland hammocks of the Keys (FNAI, 2009). In the Keys, there is a structural difference between the rockland hammocks north and south of Big Pine Key. This is at least partially due to differences in geology, groundwater salinity and rainfall. The surface rock in the northern keys from Soldier Key to Big Pine Key is Key Largo Limestone; the south portion from Big Pine Key to Key West is Miami Oolite. The Key Largo limestone is more permeable than the Miami Oolite and therefore hammocks in the Upper Keys tend to have higher groundwater salinities. Rainfall also decreases from the northern to southern Keys (FNAI, 2009). Much taller, more developed tree canopies (near 35 feet tall) occur in the northern section, while the hammocks in the southern section are a more scrubby, xeric form of rockland hammock which average less than 20 feet tall (Snyder et al., 1990). These often impenetrable hammocks in the southern keys have previously been referred to as "low hammock" or "Keys hammock thicket" (Snyder et al., 1990). Thorn scrub is one variant of Tropical Hardwood Hammocks that occurs along the ecotone of hammocks with Keys tidal rock barren or Keys cactus barren or within openings in rockland hammock. Thorn scrub is a low-statured scrubby hammock dominated by spiny species such as saffron plum (Sideroxylon celastrinum), blackbead (Pithecellobium Conservation and Coastal Management 133 Technical Document: lul 2011 • Monroe County Comprehensive Plan Update 41119 guadalupense), hog plum (Ximenia americana), and other rockland hammock species (Ross et al., 1992; FNAI, 2009). 3.11.1.2 Existing Commercial. Recreational. or Conservation Uses of Tropical Hardwood Hammocks Since the 1950s, development in coastal uplands of the Keys has resulted in the loss of considerable acreage of tropical hardwood hammocks. This development has occurred throughout the Upper, Middle and Lower Keys and has involved all types of residential, commercial, institutional and government uses. Most (75 percent) of the remaining tracts of tropical hardwood hammocks in the County (excluding incorporated areas and the mainland) are protected through public or non- profit ownership for conservation purposes (Table 3.14). Land acquisition efforts have focused in recent years on the higher quality hammocks. Conservation lands [see Section 3.18 (Areas of Special Concern to Local Government)] with significant tropical hardwood hammock communities are located in: • Crocodile Lake National Wildlife Refuge; • Dagney Johnson Key Largo Hammock Botanical State Park; ( • Lignumvitae Key State Botanical Site; •11/ National Key Deer Refuge; • John Pennekamp Coral Reef State Park; • Bahia Honda State Park; • Long Key State Recreation Area; • Great White Heron National Wildlife Refuge; • The Nature Conservancy; • Everglades National Park; • Florida Keys Land and Sea Trust's Crane Point Hammock; and • Curry Hammock State Park. 3,11.1.3 Known Pollution Problems and/or Issues Related to Tropical Hardwood Hammocks Historically, settlers to the Keys in the 1800s and early 1900s lived in and around hardwood hammocks, clearing areas for houses and farming. The majority of hammocks in the Upper Keys were cleared during this time for agriculture, including a large pineapple industry. A hiatus of settlement in the Keys occurred following the 1926 hurricane, which caused great destruction and loss of life, and much of the forest grew back prior to development pressures increased again after World War II. Man's impact to coastal uplands in the Keys has taken many forms, with both long-term and short-term impacts (Kruer, 1991). Tropical hardwood hammock occurs on prime development property and has become globally imperiled (FNAI, 2009). Disruptive land uses have historically included hardwood and buttonwood logging (for charcoal), and Conservation and Coastal Management 134 Technical Document: July 2011 Monroe County Comprehensive Plan Update `, clearing for railroad beds, roads, agriculture, commercial and residential development and public facilities (Kruer, 1991). Other impacts have resulted from rock pit excavation, dredging of canals, mosquito ditches, plant theft, dumping (especially piles of vegetative and organic debris), mosquito spraying, and regular thinning or mowing of native groundcovers,shrubs and trees (Kruer, 1991). Large-scale loss and alteration of hammocks has generally occurred on a larger scale in the Upper Keys (Kruer, 1991). Several hundred acres are estimated to have been lost since 1980 in the Upper Keys, including some of the most mature high hammock in North Key Largo (Kruer, 1991). Many parcels that have been protected through land acquisition programs occur as islands within developed and developing lands. This poses management problems in terms of edge effects (e.g., trash dumping, exotic plant infestation, exotic and feral animal control) and loss of the natural ecotone that forms between the tropical hardwood hammocks and the adjacent community. Some plants and animals of hammocks (e.g., tree snails, orchids, and bromeliads) are susceptible to collection pressures and must be protected from collectors. Some of these species have been extirpated from the Florida Keys due to over-collection. Exotic plant species infestations are an ongoing problem in hammocks. Species such as Brazilian pepper (Schinus terebinthifolius), lead tree (Leucaena leucocephala), seaside mahoe (Thespesia populnea), latherleaf (Colubrina asiotica), and sapodilla (Mani/kora zapota) invade and displace native species. Dumping of yard waste can lead to the invasion of species such as bowstring hemp (Sansevieria hyacinthoides) and golden pothos (Epiprernnum pinnatum) (FNAI, 2009). Tropical hardwood hammocks can be the advanced successional stage of pine rockland, especially in cases where the hammock is adjacent to pine rocklands where hardwood seed rain is high. In such cases, when fire is excluded from pine rocklands for 15 to 25 years, it can succeed to tropical hardwood hammock vegetation that can retain a relict overstory of pine (Snyder et al., 1990). Historically, tropical hardwood hammocks in South Florida evolved with fire in the landscape,which does not proceed into the hammock because of its moist microclimate and litter layer, or a natural moat that can form around hammocks in the Everglades caused by the dissolution of limestone. However, tropical hardwood hammocks are susceptible to damage from fire during extreme drought or when the water table is lowered. In these cases, fire can cause tree mortality and can consume the organic soil layer. Although tropical hardwood hammocks can reestablish within 25 years after fire, maximum development of structure and diversity probably requires more than 100 fire-free years. The ecotone between tropical hardwood hammocks and pine rockland is abrupt when regular fire is present in the adjacent pine rockland. However, when fire is removed, the ecotone becomes more gradual as hardwoods from the hammock push out into the pinelands (FNAI, 2009). Tropical hardwood hammocks are also sensitive to the strong winds and storm surge associated with hurricanes. Canopy damage often occurs, which causes a change in the ( microclimate of the hammock. Decreased relative humidity and drier soils can leave tropical hardwood hammocks more susceptible to fire. Fragmentation of hammocks can cause wind turbulence resulting in downed trees. Storm surge associated with Hurricane Conservation and Coastal Management 135 Technical Document: July 2011 Monroe County Comprehensive Plan Update Georges overwashed the Cactus Hammock on Big Pine Key, resulting in the loss of the hammock's understory (USFWS, 1999). Sea level rise also threatens hammocks. 3.11.1.4 Potential for Conservation. Use. or Protection of Tropical Hardwood Hammocks In the Florida Keys, significant areas of tropical hardwood hammocks have been acquired. However, large areas of hammock remain privately owned. Tropical hardwood hammocks are protected by ROGO/NROGO and the Tier Overlay Districts. In addition to these regulations, the LDRs include a requirement to prepare an Existing Conditions Report and require a Conservation Easement on the required open space portions of the property. Significant work on exotic plant control in tropical hardwood hammocks (as well as other habitats in the Florida Keys) has been completed by the County Land Steward and the Florida Keys Invasive Exotics Task Force. The Task Force is composed of federal,State, and local agencies; non-profits; and public utilities. Tropical hardwood hammocks can be restored. A large majority of the existing hammocks in the Florida Keys are secondary growth following the abandonment of agriculture and early settlements (Elliott and Rhodes Keys) (USFWS, 1999). However, with the establishment of exotic species, regeneration of hammocks on disturbed lands would need to be accompanied by an aggressive exotic control program. �I 3.11.2 Pinelands Pinelands are fire-climax systems dominated by pine trees. Although pinelands formerly existed in the Upper Keys (Alexander, 1953), their occurrence in the County is presently limited to the Lower Keys, primarily on Little Pine Key, Big Pine Key, No Name Key, Cudjoe Key, Sugarloaf Key and on neighboring keys. Because slash pines (Penns elliottii var. densa) do not tolerate high salinities, Ross et al. (1994) found that sea level rise over the last 70 years has caused a reduction in the areal extent of pinelands. More than 50 percent of the ground surface in pinelands is exposed rock. The low rainfall of this area compared to the mainland imposes more xeric conditions but they bay be flooded by saltwater for brief periods (one to three days) when hurricanes pass over the islands (Snyder et al., 1990). This community is often found in association with tropical hardwood hammocks and short hydroperiod freshwater wetland communities. The inventory of pinelands in the Florida Keys is shown in Table 3.15. All pinelands are found in the Lower Keys and comprise an area of 1,668.1 acres. Most of the pine lands (72.2 percent) are owned by the federal government in the National Key Deer Refuge. Of the total pinelands, 9.2 percent are privately owned. Conservation and Coastal Management 136 Technical Document: July 2011 Monroe County Comprehensive Plan Update Table 3.15 — Inventor of Pineland Habitats Ownership' Site Name ' Total Federal State County Non- Cities Utilities Private Species Profit Recorded' Lower Keys Great White Heron National 62.6 0.2 IS,KD,MR, Wildlife Refuge SR Monroe County 1.3 IS,KD,SR Managed Areas National Key 1,128.9 230.5 1.5 IS,KD,MR, Deer Refuge SR Terrestris 8.5 IS,KD Outside of 12.6 2.8 60.8 3.0 1.26 154.2 IS,KD, MR, Parks/Refuges SR Lower Keys 1,668.1 1,204.1 234.6 62.5 11.5 1.2 0 154.2 Total Total County 1,668.1 1,204.1 234.6 62.5 11.5 1.2 0 154.2 Unincorporated areas only. 1 Site names are from the FNA1 GIS database. 2 Florida Keys Wildlife and Environmental Areas are managed by the FFWCC for the preservation of listed species that inhabit mangroves,tropical hardwood hammocks,and salt marshes. 3 Total in acres. 4 Ownership information is from the Monroe County Property Appraiser. 5 Species recorded are those threatened and endangered species recorded by the USFWS for a particular parcel;a blank cell does not necessarily indicate an absence of protected species on that parcel(s). �/ SS=Schaus Swallowtail Butterfly;TS=Tree Snail; IS=Eastern Indigo Snake;WR= Key Largo Woodrat; CM =Key Largo Cottonmouse; SR=Silver Rice Rat; KD= Key Deer;TC=Tree Cactus 6 Cities of Marathon and Islamorada The Remainder of This Page Intentionally Left Blank tiro Conservation and Coastal Management 137 Technical Document: jul 2011 Monroe County Comprehensive Plan Update 411/ 3,11,2.1 Flora of Pinelands The most extensive and best developed areas of pinelands remaining in the Keys occur on Big Pine Key. On Big Pine Key, pinelands occupy most of the relatively high elevations on the interior of the island. They are comprised of a north and south section,the occurrence of which conforms quite closely to the outline of two underground freshwater lenses (Stewart, 1989; Ross et al., 1992; Ross et al., 1994). Although mature slash pine (Pinus elliottii var. dense) stems are able to survive at a mean groundwater salinity of 11 percent, salinities in the most extensive pinelands are 2 to 3 percent(Ross et al., 1992). Pinelands are several systems that are less easily characterized biotically than climax hardwood hammock. Slash Pine is the canopy dominant and silverpalm (Coccothrinax orgentata), black-bead (Pithecellobium keyense) and the keys thatch palm (Thrinax morrisil) are the primary midstory forms. Species composition of the understory is less easily characterized since it changes depending on its fire history (Ross et al., 1992). Understory plants of rather general occurrence in pinelands are saw palmetto (Serenoa repens), long-stalked stopper (Psidium longipes), pisonia (Pisonia rotundata), and locustberry (Byrsonima lucida). The ground cover consists of a large number of species including golden creeper (Ernodea littonalis), sand flax (Linum arenicola), pine pink (Bletia purpurea), pine fern (Anemia adiantifolia), star rush (Dichromena floridensis), and broomsedge bluestem (Andropogon virginicus). Several endemic plant species of South _.. _.._..Florida.are found in the pinelands of the Keys: Species Habitat Range Argythamnia blodgettii Pinelands Keys and mainland Cassia keyensis Pinelands Endemic to Keys Chamoesyce deltoidea var.serpyllum Pinelands Endemic to Keys Chamoesycegarberi Pinelands,hammocks, Keys and mainland sand dunes Chamoesyce porteriano var.keyensis Pinelands,sand dunes Endemic to Keys Chamoesyce porteriana var.scoparia Pinelands Keys,possibly Big Cypress Croton arenicola Pinelands,sand dunes Keys and mainland Evolvulus sericeus var.averyi Pinelands Keys and mainland Gerardia keyensis(Agalinis) Pinelands Endemic to Keys Linum arenicola Pinelands Keys and mainland Melanthera parvifolia Pinelands Keys and mainland Phvllanthuspentaphyllys var.floridanus Pinelands Keys and mainland Schizachyrium sericatum Pinelands Endemic to Keys Tragia saxicola Pinelands Keys and mainland Source: Avery and Loope, 1980 In the absence of fire, pineland understories tend to develop a subcanopy of hardwood species that eventually expands to replace the pine canopy. Ultimately pinelands succeed into hardwood hammocks - a process that may require about 30 to 50 years (Alexander ( and Dickson, 1972; Ross et al., 1992). This requires a build up of a wet humus layer that L will not burn (Tomlinson, 1980). Hardwood hammock species which are early pioneers in Conservation and Coastal Management 138 Technical Document: July 2011 Monroe County Comprehensive Plan Update 411/ the pinelands include species such as Jamaica dogwood (Piscidia piscipula) and poisonwood (Metopium toxiferum). 3.11,2,2 Existing Commercial. Recreational or Conservation Uses of Pinelands Since the 1950s, development in coastal uplands of the Keys has resulted in the loss of considerable acreage of pinelands. On Big Pine Key alone losses are estimated at 50 percent in the last 50 years (Ross, 1989). Development in pinelands has involved all types of residential, commercial, institutional, and government uses. Today, there are approximately 1,668 acres of undisturbed pineland remaining in the Keys. Of these, approximately 72 percent are protected through public ownership for conservation purposes. Most protected pinelands are located within the National Key Deer Refuge. 3.11.2.3 Known Pollution Problems and/or Issues Related to Pinelands Impacts that affect pinelands are varied and include natural events such as hurricanes and altered fire regime. Man-induced impacts include activities such as land clearing, dredging, ditching, filling, and the introduction of exotic plants. The nature of these impacts depends on the integrity and size of the pineland. Recovery from the impacts depends on the condition, size, and amount of surrounding pinelands, and the type of development on adjacent land. Pinelands have adapted to hurricanes and fire, the principal natural disturbances in the Keys. If undisturbed, pinelands typically fully recover from such events. Fires are essential to the maintenance of pinelands (USFWS, 2009). Consequently, fire exclusion in pinelands eventually generates a proliferation of hardwood species that culminates in a tropical hardwood hammock climax. Since humans discourage fire in the vicinity of habitations, development tends to reduce the extent of pinelands that receive periodic burning. In the absence of fire, a pineland in the Lower Keys may be replaced by hammock after about 50 years (Alexander and Dickson, 1972; Ross et al., 1992). The most damaging human impacts on pinelands occur when they are destroyed by clearing. Once cleared, pinelands are unlikely to become reestablished on a development site. It is estimated that approximately one-half of the pinelands present on Big Pine Key in 1935 have been lost to development(Ross, 1989). Indirect effects associated with drainage alterations and groundwater withdrawals may similarly damage pinelands. Impoundments within pinelands can drastically change the local soil moisture regime and cause the suffocation of roots and the corresponding dieback of plants. The occurrence of pinelands on Big Pine Key, and probably on other Keys, conforms quite closely with the outline of underlying freshwater lenses (Ross, 1989; Ross et al., 1992). Research in the Keys supports the hypothesis that the survival of the pinelands and associated freshwater marshes on Big Pine Key is dependent on maintaining the integrity of the freshwater resource (Ross et al., 1992). Wells penetrate the freshwater lenses on some keys, withdrawing water for domestic and irrigation purposes. These Conservation and Coastal Management 139 Technical Document: July 2011 Monroe County Comprehensive Plan Update withdrawals, combined with reductions in recharge brought about by accelerated surface drainage via canals and mosquito control ditches, serve to diminish the freshwater lenses and accelerate saltwater intrusion into them. Sea level rise has been an historic and future concern for the long-term persistence of pinelands in the Keys (USFWS, 1999; USFWS, 2009). The introduction of invasive exotic plants is a serious problem in pineland communities, as it is in tropical hardwood hammocks [see Section 3.11.1.3 (Known Pollution Problems and/or Issues Related to Tropical Hardwood Hammocks)]. Exotic animals, including feral cats, are another concern for pinelands and their wildlife. Exotic plant control in pinelands has been undertaken by the County Land Steward and the Florida Keys Invasive Exotics Task Force. 3.11.2.4 Potential for Conservation, Use, or Protection of Pinelands Government acquisition of pinelands has preserved significant areas of the remaining pinelands in the Lower Keys, although some areas of pinelands remain privately owned, especially in Big Pine Key. As discussed for tropical hardwood hammocks and other habitats, undeveloped pinelands are protected by ROGO/NROGO and the Tier Overlay Districts tier lands [see Section 3.19.2.2 (Tier Overlay Ordinance in Big Pine Key and No Name Key)]. The Tier Overlay Ordinance is also used as part of the County's 20-year land c acquisition program. In addition to these regulations, the LDR includes a requirement to prepare and Existing Conditions Report and requires a Conservation Easement on uncleared portions of the property. 3.12 Wildlife [Rule 9J-5.013(1)(a)5. and (b), F.A.C.] The Florida Keys encompass a variety of ecologically unique biological communities providing habitat to diverse wildlife populations, including many species endemic to the Keys; several are globally rare and endangered. This section describes the wildlife generally above the mean water line; fauna found in seagrass beds and coral communities are discussed in Sections 3.8.2 (Seagrass Beds) and 3.8.3 (Coral Communities). The biological communities of the Keys include: Living Marine Resources = Mangrove forests along the shorelines of the Keys • Seagrass beds on both sides of the Keys and extending offshore to the Florida Reef Tract(fauna of seagrass beds are discussed in Section 3.8.2.2 (Fauna of Seagrass Beds) • Coral and hard bottom communities of nearshore and offshore waters,including the Florida Reef Tract (fauna of coral and hardbottom communities are discussed in Section 3.8.3.1.5 (Macrofauna of Coral Communities) Wetlands • Transitional wetlands landward of the mangrove fringe and seaward of upland communities Conservation and Coastal Management 140 Technical Document: July 2011 Monroe County Comprehensive Plan Update `, withdrawals, combined with reductions in recharge brought about by accelerated surface drainage via canals and mosquito control ditches, serve to diminish the freshwater lenses and accelerate saltwater intrusion into them. Sea level rise has been an historic and future concern for the long-term persistence of pinelands in the Keys (USFWS, 1999; USFWS, 2009). The introduction of invasive exotic plants is a serious problem in pineland communities, as it is in tropical hardwood hammocks [see Section 3.11.1.3 (Known Pollution Problems and/or Issues Related to Tropical Hardwood Hammocks)]. Exotic animals, including feral cats, are another concern for pinelands and their wildlife. Exotic plant control in pinelands has been undertaken by the County Land Steward and the Florida Keys Invasive Exotics Task Force. 3.11.2,4 Potential for Conservation. Use, or Protection of Pinelands Government acquisition of pinelands has preserved significant areas of the remaining pinelands in the Lower Keys, although some areas of pinelands remain privately owned, especially in Big Pine Key. As discussed for tropical hardwood hammocks and other habitats, undeveloped pinelands are protected by ROGO/NROGO and the Tier Overlay Districts tier lands [see Section 3.19.2.2 (Tier Overlay Ordinance in Big Pine Key and No Name Key)]. The Tier Overlay Ordinance is also used as part of the County's 20-year land acquisition program. In addition to these regulations, the LDR includes a requirement to prepare and Existing Conditions Report and requires a Conservation Easement on uncleared portions of the property. 3.12 Wildlife [Rule 9J-5.013(1)(a)5. and (b), F.A.C.] The Florida Keys encompass a variety of ecologically unique biological communities providing habitat to diverse wildlife populations, including many species endemic to the Keys; several are globally rare and endangered. This section describes the wildlife generally above the mean water line; fauna found in seagrass beds and coral communities are discussed in Sections 3.8.2 (Seagrass Beds) and 3.8.3 (Coral Communities). The biological communities of the Keys include: Jiving Marine Resources • Mangrove forests along the shorelines of the Keys • Seagrass beds on both sides of the Keys and extending offshore to the Florida Reef Tract(fauna of seagrass beds are discussed in Section 3.8.2.2 (Fauna of Seagrass Beds) • Coral and hard bottom communities of nearshore and offshore waters, including the Florida Reef Tract (fauna of coral and hardbottom communities are discussed in Section 3.8.3.1.5 (Macrofauna of Coral Communities) Wetlands • Transitional wetlands landward of the mangrove fringe and seaward of upland communities Conservation and Coastal Management 140 Technical Document: July 2011 Monroe County Comprehensive Plan Update • Beaches (as part of the Beach/Berm Community) • Salt ponds occupying shallow enclosed basins having restricted tidal influence • Small freshwater wetlands in freshwater lenses in the Lower Keys Uplands • Tropical hardwood hammocks,the climax terrestrial community • Pinelands,a fire-climax system 3.12.1 Wildlife of the Biological Communities of the Florida Keys 3.12.1.1 Wildlife Typically Inhabiting Mangrove Communities The mangrove communities of the Keys provide food, cover, spawning, nesting, and resting habitat for many species of mammals, birds, reptiles, amphibians, fish and invertebrates. Many of these species are dependent upon these communities during all or part of their life cycle. A number of food webs are based on primary production of the mangroves and their associated epiflora and epifauna. Energy flows stemming from mangrove-derived carbon begin their movement through these food webs as detritus, dissolved organic compounds, or as the products of direct grazing. Other pathways involve bacteria, fungi, macroalgae, and phytoplankton associated with mangroves. A variety of insects and gastropods graze directly upon arboreal leaf material. Simberloff and Wilson (1969) list 200 species of insects that are associated with mangrove communities. Snails (Littorina sp., Cerithidea sp. and Melampus sp.), isopods (Ligea spp.), and fiddler crabs (Uca spp.) are especially plentiful on the forest floor (Odum and Mclvor, 1990). Mangrove communities also provide feeding, nesting and roosting habitat for numerous wading and fish eating birds. Odum et al. (1982) provides a list of 181 species of birds that use mangroves in South Florida. Among these, the following species are a major component of the avifauna of the Keys: Common Name Scientific name Great Egret Casmerodius albus -- Snowy Egret Egreta thula Great White Heron Ardea herodias occidentalis Great Blue Heron Ardea herodias Reddish Egret Dichromanassa rufescens Tricolored Heron Hydranassa tricolor Green Heron Butorides striatus Black-crowned Night Heron Nycticorax nycticorax Yellow-crowned Night Heron Nycticorax violcea White Ibis Eudocimus alba Roseate Spoonbill Ajaia ajaja Double-crested Cormorant Pyalacrocorax auritus Conservation and Coastal Management 141 Technical Document Jul 2011 Monroe County Comprehensive Plan Update 4111, Common Name Scientific name Magnificent Frigatebird Fregata magnificens Osprey Paudion haliaetus Mangrove Cuckoo Coccyzus minor Kingbirds Tyranus spp. Black-whiskered Vireo Vireo altiloquus Warblers Dendroica spp. White-crowned Pigeon Patagioenas leucocephala All of these species nest in mangroves, usually on overwash islands. A number of terrestrial and aquatic reptiles, amphibians and mammals utilize mangrove habitat. Of the several species of marine turtles that inhabit mangroves, the Atlantic loggerhead (Caretta) is relatively common and may use mangroves as nursery areas (Odom et al., 1982). The Atlantic hawksbill (Eretmoche/vs imbricata) and the Atlantic green turtle (Chelonia mydas) are known to feed upon mangrove roots and leaves (Ernst and Barbour, 1972; Carr and Goin, 1955). Other reptiles include several species of snakes and anoles, and the mangrove terrapin. Of the snakes, only one, the mangrove water snake (Nerodia fasciata compressicauda), is entirely dependent upon mangrove areas (Florida DNR, 1991a). Amphibians which inhabit mangroves include those which are suitably adapted to reproduce during brief rainy periods and/or which can use brackish pools for reproduction. Two introduced species, the giant toad (Bufo marinas) and the Cuban treefrog (Hyla septentrionalis), have expanded their range considerably in mangrove areas �✓ in the last several decades (King and Krakauer, 1966; King and Krakauer 1968; and Krakauer, 1970). Mammals which most commonly inhabit mangrove association include the Virginia opossum (Didelphis virginiana) and the raccoon (Procyon Iotor). Generally the opossum is confined to small populations in proximity to human habitations. Both species are extremely versatile omnivores and are known to forage mangrove habitats (Layne, 1974). Other naturally occurring and introduced mammals which may frequent mangroves include the marsh rabbit(Sylvilagus palustis paludicola) and several species of rodents. The most diverse group of organisms inhabiting the mangrove association are the marine organisms. Detritus and plankton are primary food sources for a large number of invertebrate fauna that attach themselves to prop roots, live in adjacent muds, or swim in the water (Odum and Mclvor, 1990). 3.12.1.2 Wildlife Typically Inhabiting Salt Marsh and Buttonwood Wetland Communities Transitional wetlands support a fauna somewhat different from that of mangrove systems, although a number of animals feed in both tidal areas. The most frequently observed invertebrates are various species of insects, mollusks, and crustaceans. Fiddler crabs (Uca spp.) are often found where there is adequate soil for burrowing. The grey peanut-snail Conservation and Coastal Management 142 Technical Document: Jul 2011 Monroe County Comprehensive Plan Update (Cerion incanum) is often found in large numbers on the marsh floor or climbing through the low-lying vegetation. Hornsnails (Cerithidea spp.) are also very common in the marsh. A number of reptiles and mammals rely on transitional wetlands habitat. Of these, several are designated as rare,endangered or of special State concern,including: Common Name Scientific Name Key Deer Odocoilius virginianus clavium Silver Rice Rat Oryzomys argentatus Lower Keys Marsh Rabbit Sylvilagus palustris hefneri Red Rat Snake Elapha guttata guttata The importance of the Keys' transitional wetlands to wading bird populations has long been recognized by wildlife biologists. Virtually every wading bird species resident in the Keys forages in tidal wetlands. These birds rely on the shallow water areas of the transitional wetlands for feeding during periods of the year when they are unable to feed in their usual feeding areas because the water is too deep for wading. During these periods, the undisturbed transitional wetlands are critical to the survival of many bird species. Among the most common wading birds that feed in transitional wetlands are: Common Name Scientific name sss Roseate Spoonbill Ajafa ajaja Great White Heron' Ardea heriodias occidental's Great Egret Casmerodius albus Little Blue Heron Egretta caerulea Snowy Egret Egretta thula Reddish Egret Egretta rufescens Tricolored Heron Egretta tricolor Green Heron Butorides virescens White Ibis Eudocimus albus Black-crowned Night Heron Nycticorax nycticorax Yellow-crowned Night Heron Nycticorax violacea Glossy Ibis Plegadisfalcinellus 3.12.1.3 Wildlife Typically Inhabiting Salt Pond Communities Birdlife is a striking component of salt ponds. Because the water levels in salt ponds can vary throughout the year, euryhaline fish, crustaceans, and benthic fauna tend to concentrate during low water periods. This submerged community provides important r The great white heron was originally described as a distinct species,Ardea occidentalis, but is currently known as A. herodias occidentalis. It is considered to be the white morph (variation) of the polymorphic great blue heron subspecies, The great white heron contains individuals with all white plumage. Unlike the great blue heron,which is widely distributed throughout North America,the great white heron is restricted to south Florida and parts of the Caribbean. The largest known breeding population (approximately 850 breeding pairs) occurs in the Florida Keys tit (McGuire,2002). Conservation and Coastal Management 143 Technical Document: July 2011 Monroe County Comprehensive Plan Update foraging for wading birds, shorebirds, and waterfowl, such as wood stork (Mycteria americana), great white heron (Ardea herodias), reddish egret (Egretta rufescens), plovers (Charadrius spp.), and roseate spoonbill (Ajaia ajaja). The ponds are an important stop for migrating waterfowl such as mergansers (Mergus serrator) and blue-winged teal (Anas discors), which feed on the seasonal abundance of widgeon grass. Several species are at least partly dependent on salt ponds in the Florida Keys, including the reddish egret and black-necked stilt (Himantopus mexicanus) (Kalla, 2000). See Section 3.14 (Fisheries) for a list of fish species common to salt pond communities. Birds known to use salt ponds as feeding habitat include: Common Name Scientific Name Roseate Spoonbill Ajaia ajaja Blue-winged Teal Anas discors Great White Heron Ardea herodias Great Blue Heron Ardea herodias occidentalis Green Heron Butorides virescens Dunlin Calidris alpine Western Sandpiper Calidris mauri Great Egret Casmerodius albus Willet Catoptrophorus semipalmatus Semipalmated Plover Charadrius semipalmatus Little Blue Heron Egretta tricolor 41111, Tricolored Heron Egretta tricolor Reddish Egret Egretta rufescens Snowy Egret Egretta thula White Ibis Eudocimus albus Herring Gull (winter only) Larus argentatus Laughing Gull torus atricilla Ring-billed Gull(winter only) Larus delawarensis Short-billed Dowitcher Limnodramusgriseus Wood Stork Butorides virescens Yellow-crowned Night Heron Nycticorax violacea Brown Pelican Pelecanus occidentalis Black-bellied Plover Pluvialis squatarola Forster's Tern (winter only) Sternaternaterna forsteri Common Tern Sterna hirundo Royal Tern Sterna maxima Greater Yellowlegs Triga melanoleucus Lesser Yellowlegs Triga flavipes Several species of migratory waterfowl are also known to utilize salt ponds seasonally. Species of Fundulus, Cyprinodon,and Poecilia are the primary food fishes of the rare roseate spoonbill and the white ibis (Kushlan, 1979). Similarly, the rare reddish egret is reported to feed primarily on killifish. Conservation and Coastal Management 144 Technical Document: July 2011 Monroe County Comprehensive Plan Update 3.12.1.4 Wildlife Typically Inhabiting Freshwater Wetland Communities Freshwater marshes normally support a highly diverse and abundant fauna that includes fish, invertebrates, amphibians, reptiles, mammals, and birds. Many of these species (common elsewhere in Florida) are relatively rare in the Keys, largely because of the limited number and locations of freshwater resources. During the dry season these marshes are the only natural sources of water for wildlife in the area. They are particularly critical to the reproductive success of animal populations that bear young during the dry season. Many of the vertebrate and invertebrate fauna listed are locally adapted forms that are biologically distinct and geographically restricted. A partial list of vertebrates (excluding birds) associated with freshwater and non-tidal wetlands on Big Pine Key include: Common Name Species name Mammals Lower Keys cotton rat' Sigmodon hispidus exsputus Lower Keys rabbit I Sylvilagus palustris hefneri Lower Keys racoon Procyon lotor incautus Key deer Odocoileus virginianus clavium Reptiles 411111, American alligator IAlligator mississippiensis Striped mud turtle' Kinosternon baurii Florida box turtle Terrapene carolina bauri Peninsular cooter 3 Pseudemys floridana peninsularis Chicken turtle 3 Deirochelys reticularia Florida softshell turtle 3 Trionyxferox Common snapping turtle Chelydra serpentina Black racer Coluber constrictor Eastern indigo snake ' Drymarchon corals couperi Florida brown snake 1 2 Storeria dekayi victa Rough green snake Opheodrys aestivus carinatus Key ringneck snake' Diadophis punctatus acricus Mangrove salt marsh snake Nerodia clarkii compressicauda Red rat snake I Etapheguttata guttata Penninsula ribbon snake 3 Thamnophis sauritus sackenii Eastern diamondback rattlesnake Crotalus adamanteus Amphibians Oak toad Bufo quercicus Southern toad Bufo terrestris Green treefrog Hyla cinerea Squirrel treefrog Hyla squirella Little grass frog Limnaoedus ocularis Cuban treefrog 3 Osteopilus septentrionalis Narrow-mouthed toad Gastrophryne carolinensis Southern leopard frog Rana utricularia Greenhouse frog 3 Eleutherodactylus planirostris Conservation and Coastal Management 145 Technical Document: July 2011 Monroe County Comprehensive Plan Update Common Name Species name Fishes Southern Gulf killifish Fundulus grandis saguanus Bluegill Lepomis macrochirus Cichlid 3 Cichlasoma cyanoguttatum Diamond killifish Adinia xenica Mosquitofish Gambusis holbrokii Rainwater killifish Lucania parva Sailfin molly Poecilia latipinna Sheepshead minnow Cyprinodon variegatus 1 Species designated rare,endangered,or of special State concern 2 Listings and statuses refer to distinctive Lower Keys populations 3 Species not native to Big Pine Key(i.e., introduced) An abundant and varied bird population utilizes the freshwater wetlands. In addition to wetland species that are resident in the Keys, a diverse population of migratory bird species utilizes the wetlands and adjacent uplands on a seasonal basis. Sixty-seven species of birds are known to utilize habitat in the freshwater marshes of Big Pine Key (Jackson, 1989). Of these, 43 species are typically resident populations,and 24 species are migratory populations usually present only during winter months. Nine bird species ranked as endangered, threatened or species of special concern occur, including six species found commonly in the marshes and three which are typically rarely present, as follows: Common Name Scientific Name Glossy Ibis Plegadisfalcinellus Roseate Spoonbill Ajaia ajaja Reddish Egret Egretta rufescens Snowy Egret Egretta thula Tricolored Heron Egretta tricolor Least Tern Sterna albifrons Caspian Tern Hydroprogne caspia Bald Eagle Haliaeetus leucocephalus White crowned Pigeon Columba leucocephala 3.12.1.5 Wildlife Typically Inhabiting Beach/Berm Communities A variety of terrestrial wildlife is associated with the beach and berm community. Beaches provide nesting areas for a variety of shorebirds, primarily terns, as well as important feeding areas for a variety of shorebirds. Invertebrates, such as insects, amphipods, isopods, crabs, mollusks and worms, which are food for shorebirds, utilize accumulated seaweed and other organic beach debris as habitat. Sea turtles have always been associated with the Florida Keys, particularly with the beaches of the Dry Tortugas. thr Conservation and Coastal Management 146 Technical Document: Jul 2011 Monroe County Comprehensive Plan Update `, 3.12.1.6 Wildlife Typically Inhabiting Tropical Hardwood Hammock Communities The environment provided by the flora of tropical hardwood hammocks is a major determinant of the assemblage of animal species that inhabit these communities. Because of their uniqueness and restricted occurrence, tropical hardwood hammocks provide habitat for many endemic or very restricted species, including several species listed as rare, endangered or of special concern. While amphibians are not abundant in Keys hammocks, many reptiles maybe found. These include the Florida box turtle (Terrapene carolina bauri), striped mud turtle (Kinosternon bawl), the endemic keys mole skink (Eumeces egregius), coral snake (Micrurus fluvius), eastern diamondback rattlesnake (Crotalus adamanteus), key ringneck snake (Diadophis punctatus acricus), eastern indigo snake (Drymarchon corais couperi), Florida brown snake (Storeria dekayi victa), rim-rock crowned snake (Tantilla oolitica),the Florida ribbon snake (Thamnophis sauritus sackem] and the red rat snake (Elaphe guttata). While some of these reptiles apparently occur throughout the Keys, others are restricted to only a few Keys, such as the coral snake which is limited to the Upper and Middle Keys. Many species of birds use tropical hardwood hammocks. They are important stopover areas for neotropical migratory birds, especially during inclement weather. Many fuit- eating birds, particularly the white-crowned pigeon depend on tropical hardwood 4111/ hammocks (USFWS, 2009). Those known to nest in Keys hammocks are: Common Name Scientific Name Red-shouldered Hawk Buteo lineatus Osprey Pandion haliaetus Mourning Dove Zenaidura macroura Ground Dove Columbigallina passerina Mangrove Cuckoo Coccyzus minor Yellow-billed Cuckoo Coccyzus americanus Eastern Screech Owl Megascops aria Chuck Will's Widow Caprimulgus carolinensis Pileated Woodpecker Dryocopuspileatus Northern Flicker Colaptesauratus Red-bellied Woodpecker Centurus carolinus Gray Kingbird Tyrannus dominicensis Great-crested Flycatcher Myiarchus crinitus Carolina Wren Thryothorus ludavicianus Northern Mockingbird Mimuspolyglottus Brown Thrasher Toxostoma rufum White-eyed Vireo Vireo griseus Black-whiskered Vireo Vireo altiloguus Red-winged Blackbird Agelaius phoenicius Common Grackle Quiscalusquiscula Cardinal Richmondena cardinalis Conservation and Coastal Management 147 Technical Document: July 2011 Monroe County Comprehensive Plan Update Within the Keys, the range of some of these bird species is quite limited. The pileated woodpecker and Carolina wren,for instance, are known only from Key Largo. Mammals that use Keys' tropical hardwood hammocks include the following: Common Name Scientific Name Opossum Didelphis marsupialis Gray Squirrel Sciurus carolinensis matecumbei Racoon Procyon lotor Lower Keys Marsh Rabbit Sylvilagus palustris hefneri Hispid Cotton Rat Sigmodon hispidus Least Shrew Cryptotis parva Bobcat Fells rufus Key Largo Wood Rat Neotoma fforidana smalli Key Largo Cotton Mouse Peromyscus gossypinus allapaticola Key Vaca Raccoon . Procyon lotorauspicatus Key Deer Odocoileus virginianus clavium 3.12.1.7 Wildlife Typically Inhabiting Pineland Communities Pinelands are utilized as habitat of many animal species, including several forms endemic �4 / to the Keys. Endemic reptiles that use the pinelands include: Common Name Scientific Name Key Mole Skink Eumeces egregius Key Ringneck Snake Diadophis punctatus acricus Florida Brown Snake Storeria dekayi victa Florida Ribbon Snake Thamnophis sauritus sackeni The American alligator (Alligator mississippiensis) uses pinelands as corridors between freshwater holes. Most of the Key Deer habitat includes pinelands. 3.12.1.8 Offshore Island Bird Rookeries The backcountry area of Florida Bay contains a large number of bird rookeries, mostly on isolated mangrove islands. These islands are used by a variety of wading birds, shorebirds and marine turtles, including several species designated by the State and/or USFWS as threatened, endangered or of special concern. The Great White Heron National Wildlife Refuge and the Key West National Wildlife Refuge were established to protect many of these islands, recognizing their wildlife habitat. Approximately 60 islands,not connected by U.S. 1, in the Keys remain in private ownership. These range in size from one acre to several hundred acres. An additional unknown number of offshore islands in Keys' waters are sovereignty lands owned by the State of Florida. A partial inventory of offshore island bird rookeries contained in these refuges is Conservation and Coastal Management 148 Technical Document: July 2011