Item B4 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
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 the Livable CommuniKeys
Program Master Plan For Future Development of Big Pine Key and No Name Key, by amending the tier
designation as directed by the Board of County Commissioners in Resolution 562-2003, for property owned by
Seacamp, having Real Estate Numbers 00246950-000000, 00246960-000000, 00246970-000000, 00246980-
000000, 00246990-000000, 00247140-000000, 00247150-000000, 00247160-000000, 00247170-000000, And
00247180-000000) from Tier Ito Tier 1I1 on Figure 2.1 (Tier Map for Big Pine Key and No Name Key), and
amending the tier designation for the Seacamp property,as listed in Table 2.7,Institutional Uses.
ITEM BACKGROUND: Seacamp, a not-for-profit organization that provides marine education to children,
contacted Monroe County to notify County staff of a tier designation error for a portion of the Seacamp property
and requested a correction of the error. Seacamp's property is located on approximately 12 acres of land located
at the extreme southwest tip of the island, at the end of Big Pine Avenue. The Seacamp property consists of 13
real estate numbers: 00246950-000000, 00246960-000000, 00246970-000000, 00246980-000000, 00246990-
000000, 00247140-000000, 00247150-000000, 00247160-000000, 00247170-000000, 00247180-000000,
00112030-000000, 00112040-000000, and 00247000-000000. Real estate numbers 00112030-000000 and
00112040-000000 are submerged lands. Real estate number 00247000-000000 is currently designated as Tier
III. The remaining ten(10)real estate numbers have Tier I designations.
During the December 17, 2003 BOCC meeting, the BOCC passed Resolution 562-2003, approving Draft 4 of
the Livable_CommuniKeys Master Plan(LCP)for Big Pine Key and No Name Key and directing staff to change
the tier designation for all the property known as Seacamp from Tier Ito Tier III on the Map on Page 28.
The BOCC passed Ordinance 029-2004 on August 14, 2004, to adopt the LCP for Big Pine Key and No Name
Key as a proposed amendment to the 2010 Monroe County Comprehensive Plan which included the map as
drawn incorrectly for Seacamp, without the corrected designation for ten(10)parcels.
PREVIOUS RELEVANT BOCC ACTION:
Draft 4 of the Livable CommuniKeys Master Plan (LCP) for Big Pine Key and No Name Key was reviewed at
the December 17, 2003, Board of County Commissioners meeting. During the 2003 LCP adoption hearing
process for Draft #4 of the LCP, the BOCC directed County staff, by order of Resolution No 562-2003, to
"change the Tier designation of the property known as Seacamp from Tier Ito Tier III on the map on page 28."
The Board of County Commissioners passed Ordinance 029-2004 on August 14, 2004, to adopt the Livable
CommuniKeys Master Plan (LCP) for Big Pine Key and No Name Key as an amendment to the 2010
Comprehensive Plan.
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
illbor APPROVED BY: County Atty x OMB/Purchasing Risk Management
DOCUMENTATION: Included x Not Required
DISPOSITION: AGENDA ITEM#
L .
�r 11/477
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 OF THE
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
AMENDING THE LIVABLE COMMUNIKEYS PROGRAM
MASTER PLAN FOR FUTURE DEVELOPMENT OF BIG PINE
KEY AND NO NAME KEY, AMENDING THE TIER
DESIGNATION AS DIRECTED BY THE BOARD OF COUNTY
COMMISSIONERS IN RESOLUTION 562-2003, FOR PROPERTY
OWNED BY SEACAMP, HAVING REAL ESTATE NUMBERS
00246950-000000, 00246960-000000, 00246970-000000, 00246980-
000000, 00246990-000000, 00247140-000000, 00247150-000000,
00247160-000000, 00247170-000000, AND 00247180-000000) FROM
TIER I TO TIER III ON FIGURE 2.1 (TIER MAP FOR BIG PINE
KEY AND NO NAME KEY), AND AMENDING THE TIER
411/ DESIGNATION FOR THE SEACAMP PROPERTY AS LISTED IN
TABLE 2.7,INSTITUTIONAL USES.
WHEREAS, the Monroe County Board of County Commissioners conducted 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 as
described above; and
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 State Land Planning Agency for review and comment in
accordance with the provisions of Chapter 163.3184,Florida Statutes.
Pagel of 2
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.
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
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)
41/
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
MON•OE COUNTY ATTORNEY
e A'p OVEOAS TO F,RM
Dale: /a sy
Page 2 of 2
A
ORDINANCE - 2012
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING THE LIVABLE COMMUNIKEYS
PROGRAM MASTER PLAN FOR FUTURE DEVELOPMENT OF BIG
PINE KEY AND NO NAME KEY AMENDING THE TIER DESIGNATION
AS DIRECTED BY THE BOARD OF COUNTY COMMISSIONERS IN
RESOLUTION 562-2003, FOR PROPERTY OWNED BY SEACAMP,
HAVING REAL ESTATE NUMBERS 00246950-000000, 00246960-000000,
00246970-000000, 00246980-000000, 00246990-000000, 00247140-000000,
00247150-000000, 00247160-000000, 00247170-000000, AND 00247180-000000)
FROM TIER I TO TIER III ON FIGURE 2.1 (TIER MAP FOR BIG PINE
KEY AND NO NAME KEY), AND AMENDING THE TIER DESIGNATION
FOR THE SEACAMP PROPERTY, AS LISTED IN TABLE 2.7,
INSTITUTIONAL USES; PROVIDING FOR SEVERABILITY;
4119
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
WHEREAS,the Monroe County Development Review Committee considered the proposed
amendment at a regularly scheduled meeting held on the 271 day of September, 2011; and
WHEREAS, at a regularly scheduled meeting held on the 1st 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. Seacamp, a not-for-profit organization that provides marine education to children,
contacted Monroe County to notify County staff of a tier designation error for a portion of
the Seacamp property on Big Pine Key and requested a correction of the error. Seacamp's
property is located on approximately 12 acres of land located at the extreme southwest tip
of the island, at the end of Big Pine Avenue.
1
2. The Seacamp property consists of 13 real estate numbers: 00246950-000000, 00246960-
000000, 00246970-000000, 00246980-000000, 00246990-000000, 00247140-000000,
00247150-000000, 00247160-000000, 00247170-000000, 00247180-000000, 00112030-
000000, 00112040-000000, and 00247000-000000. Real estate numbers 00112030-000000
and 00112040-000000 are submerged lands. Real estate number 00247000-000000 is
currently designated as Tier III. The remaining ten (10) real estate numbers have Tier I
designations.
3. Draft 1 of the Livable CommuniKeys Master Plan (LCP) for Big Pine Key and No Name
Key was reviewed at the May 20, 2003, Development Review Committee meeting.
4. Draft 2 of the Livable CommuniKeys Master Plan (LCP) for Big Pine Key and No Name
Key was reviewed at the June 11, 2003, Planning Commission meeting and at the July 9,
2003, Planning Commission meeting.
5. Draft 3 of the Livable CommuniKeys Master Plan (LCP) for Big Pine Key and No Name
Key was reviewed at the September 10,2003,Planning Commission meeting.
6. Draft 4 of the Livable CommuniKeys Master Plan (LCP) for Big Pine Key and No Name
Key was reviewed at the December 17, 2003, Board of County Commissioners meeting.
7. Resolution 562-2003, attached hereto as Exhibit 1, approved Draft 4 of the Livable
CommuniKeys Master Plan for Big Pine Key and No Name Key and directed staff to
change the tier designation for all of the property known as Seacamp from Tier Ito Tier III
on the map on Page 28.
8. The Board of County Commissioners passed Resolution 044-2004 on January 21, 2004, to
transmit the Livable CommuniKeys Master Plan (LCP) for Big Pine Key and No Name
Key as a proposed amendment to the 2010 Monroe County Comprehensive Plan to the
Department of Community Affairs which included the map as drawn incorrectly for
Seacamp, without the corrected designation for ten (10) parcels. The Department of
Community Affairs issued an Objections, Recommendations and Comments (ORC) Report
to Monroe County on June 29, 2004.
9. The Board of County Commissioners passed Ordinance 029-2004 on August 14, 2004, to
adopt the Livable CommuniKeys Master Plan (LCP) for Big Pine Key and No Name Key
as an amendment to the 2010 Comprehensive Plan, address issues raised in the ORC
Report, and to submit the amendment to the Department of Community Affairs. The
adopted amendment included the incorrect map without the Tier III designation for the ten
(10)parcels.
Iher
10. The amendment furthers the Principles for Guiding Development for the Florida Keys Area
of Critical State Concern.
WHEREAS, Monroe County Environmental Resources staff confirmed the accuracy of
the County's GIS habitat layer for the vegetative communities located on the Seacamp parcels.
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 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key as
adopted by reference into the Monroe County 2010 Comprehensive Plan is
amended as follows: (Deletions are and additions are
underlined.)
(1) Amending the Tier designations on Figure 2.1 for ten(10)parcels having real
estate numbers 00246950-000000, 00246960-000000, 00246970-000000,
00246980-000000, 00246990-000000, 00247140-000000, 00247150-
000000, 00247160-000000, 00247170-000000, and 00247180-000000 from
L -- Tier I to Tier III as shown on Exhibits 2a and 2b, attached hereto and
incorporated herein.
(2) Amending Table 2.7, Institutional Uses, of the Livable CommuniKeys
Master Plan for Big Pine Key and No Name Key, attached hereto as Exhibit
3, and incorporated herein. Text deletions are stricken through and additions
are underlined on Exhibit 3. All other words, characters, and language of the
Comprehensive Plan and the Livable CommuniKeys Master Plan for Big
Pine Key and No Name Key remain unchanged.
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
3
finding the amendment in compliance with Chapter 163, Florida Statutes and
411/ 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 Livable
CommuniKeys Master Plan for Big Pine Key and No Name Key as adopted by
reference into the Monroe County 2010 Comprehensive Plan and shall be
incorporated in the Livable CommuniKeys Master Plan for Big Pine Key and
No Name Key.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,Florida,
at a special meeting held on the day of 2012.
Mayor David Rice
Mayor pro tem Kim Wigington
Commissioner Heather Carruthers
Commissioner George Neugent
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY,FLORIDA
411/ BY
Mayor David Rice
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
4
EXHIBIT 1
(Seacamp Amendment)
411,
RESOLUTION NUMBER 562 -2003
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS
APPROVING THE LIVABLE COMMUNIKEYS MASTER PLAN FOR
BIG PINE KEY AND NO NAME KEY AS THE POLICY DOCUMENT TO
DIRECT GROWTH AND DEVELOPMENT OF BIG PINE KEY AND NO
NAME KEY.
WHEREAS, Policy 101.20.1 of the Year 2010 Comprehensive Plan directs Monroe
County to develop a series of Community Master Plans which shall include specific criteria,
including dose coordination with other community plans ongoing in the same area; and
WHEREAS, the Monroe County Year 2010 Comprehensive Plan Objective 101.20
outlines the Livable CommuniKeys as a planning program which is to address community needs
while balancing the needs of all of Monroe County;and
WHEREAS, Big Pine Key has had a moratorium on all traffic generating development
since March 13, 1995 due to an inadequate level of service (LOS) on the Big Pine segment of
U.S. 1 which did not meet the concurrency requirements set forth in Policy 301.1.2 of the Year
2010 Comprehensive Plan;and
kW
WHEREAS, Road improvements must be made in order to improve the LOS on Big
Pine Key, however the US Fish and Wildlife Service (USFWS)requires a Habitat Conservation
Plan (HCP) to be completed to show that any development must minimize impacts to the
endangered species before any further development may be permitted; and
WHEREAS,on October 26, 1998, the U.S. Fish and Wildlife Service (USFWS),Florida
Game and Fish Commission, the Florida Department of Community Affairs (FDAC), Florida
Department of Transportation and Monroe County entered into a Memorandum of Agreement
for the development of a Habitat Conservation Plan(HCP) for Big Pine and No Name Keys; and
WHEREAS, the HCP is a mechanism whereby the concerns and responsibilities of the
various public agencies with regard to the conservation of the Key Deer and other covered
species,and public and private development of Big Pine and No Name Keys can be coordinated;
and
WHEREAS, both the HCP and the LCP have been developed in conjunction with one
another to balance the amount and type of development the community desired, and the
subsequent level of `take' of endangered species which may be necessary to accomplish the
development; and
WHEREAS, in order to obtain an assessment of community needs, three public
workshops for the Livable CommuniKeys Program(LCP)were held on April 6,2000; May 25,
Page I or3
2000; and September 21", 2000 on Big Pine and an additional three public workshops
were held for the HCP;and
WHEREAS, as a result of public input from the LCP workshops, the Development
Alternatives Report (DAR) was produced on March 6, 2001 which outlined preferred
development options to be considered in the master plan which reflect input received from the
community workshops and were analyzed in the HCP computer model to determine impacts on
the endangered species;and
WHEREAS,the HCP was approved for submittal to the USFWS by the Board of County
Commissioners at the regularly scheduled meeting on March 19,2003;and
WHEREAS, the LCP implements the HCP as well as provides for the development
needs of the community; and
WHEREAS, the Livable CommuniKeys Master Plan, Draft One was reviewed during a
regularly scheduled meeting of the Development Review Committee held on May 20, 2003,
where public comment was received; and
WHEREAS,during a regularly scheduled meeting on June 11,2003,the Monroe County
Planning Commission reviewed the Livable CommuniKeys Master Plan, Draft Two, which
consisted of edits by staff to clarify language in the plan, heard public input, suggested changes
based on public input and staff recommendations and continued the plan to the next meeting in
Marathon; and
WHEREAS, during a regularly scheduled meeting on July 9, 2003, the Monroe County
Planning Commission reviewed the Livable CommuniKeys Master Plan, Draft Two, discussed
proposed changes based on further community input and staff recommendations and continued
the plan to the next meeting in Marathon for further consideration;and
WHEREAS, during a regularly scheduled meeting on September 10, 2003, the Monroe
County Planning Commission reviewed the Livable CommuniKeys Master Plan, Draft Three,
accepted the proposed changes from the previous meeting and suggestions from public input and
recommended further changes by staff; and
WHEREAS, during the September meeting the Planning Commission recommended
approval,with amendments,to the Board of County Commissioners;and
WHEREAS, the Livable CommuniKeys Master Plan contains recommendations to
amend the Future Land Use and Land Use District maps for Big Pine Key and No Name Key
which will be presented to the Commission at a subsequent hearing; NOW THEREFORE,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the preceding findings support their decision to
recommend APPROVAL to adopt the Livable CommuniKeys Master Plan for Big Pine and No
Sir
Page 2 of 3
4111,
Name Key,Draft Four,as the working regulatory document to direct growth and development on
the islands with the following amendments and direct staff to make the changes to the Monroe
County Year 2010 Comprehensive Plan and Land Development Regulations as recommended in
the Master Plan:
1. Change the Tier designation of the property known as Seacamp from Tier Ito Tier III
on the map on page 28.
2. Amend Action Item 8.1.1 c. on page 58 to read as follows: "Permit new fences on
developed canal lots and vacant canal lots that are contiguous to and serve a principal
use within Tier II and Tier III and within Port Pine Heights and Kyle Dyer
Subdivisions. All fences shall be designed to meet adopted fence design guidelines for
the planning area already contained in the land development regulations."
3. Add Action Item 12.2.4 which shall read "Prohibit new formula retail businesses and
restaurants in the planning area through the development of Land Development
Regulations."
PASSED AND ADOPTED By the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 17th day of December,2003. �+
o o
'o O n
Mayor Murray Nelson e z z <— m
Mayor Pro Tem David P. Rice es m=-4
Commissioner George Neugent yea onr — 2
N
Commissioner Dixie Spehar yes iAo a
:.Commissioner Charles"Sonny' McCoy _yes rC--i - m
' O J
(SEYAN ,n >
BOARD OF COUNTY COMMISSIONERS
Attest:Danny L.I lhage,Clerk OF MONKNE CO��TY,FL�R1DDAA�
By l/ Te.s. Jl:r"""_"�
Dep Clerk Mayor
MONROE COUNTY ATTORNEY
P COVE! T• FORM:
RO:r '.WOLFE
CHIEF7SS ..�GOaaTY ATTORNEY
Dip C11``TT
Page 3 of
EICSIBIT 2a (Seacamp Amendment)
Livable CommunLKeys Master Plan for Original 80CC Adoption 08/2004;
Big Pine Key and No Name Key Amended by Ordinance 020-2009
4 Il Uwable CommuniKeys Program
Big Pine Key and No Name Key
Tier Map
•
.N:
•
Legend Monroe County
EMI Tier 1 c p; j) Planning and Environmental
Tian 2 Resources Department
TLs air.s M Motu Graf CHIA YrMw•rt Doi ism Forms
Tier 3 nay r1.w..perest ...,Mumm..t7 maw/awamilef
Avnbarim NwawaMaei•fwav sari{sertimoni
Figure 2.1 Tier designations on Big Pine Key and No Name Key. (Ordinance 020-2009, § 1)
Land Use and Redevelopment Element 28
Livable CommuniKeys Master Plan for EXHIBIT lb
Big Pine Key and No Namh, 'y (SWacamp Amendment)
Livable Communikeys Program
•
Big Pine Key and No Name Key
Tier Overlay District
4t141/4
I �
I
11111,
•
110
Monroe County Ter Overlay District '' n"� Monroe County
Tier ' Planning and Environmental
Tprl kalualArea ~ Resources Department
Tier II Tim id Ion Ind SprevA Argr
_ Thu III•Irtl Area
Figure 2.1 Tier designations on Big Pine Key and No Name Key.(Ordinance 020-2009,§1)
vlraor:
EXHIBIT 3
Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004
`I GOAL 5
Maintain the viability of existing community organi-
zations by providing opportunities for limited rede-
velopment and expansion.
Current Conditions Summary
The LCP/HCP process sought to ensure that existing community organizations could remain vi-
able and expand according to their needs within existing zoning limitations. Table 2.7 lists these
organizations.
Table 2.7 Institutional uses located on Big Pine Key.
Civic Parcel Zoning Tier
Lions Club 108770 NA
Lower Keys Property Owners 309070 IS 2
Moose Club 111070 SR I
_--- _--- Religious
St.Francis 110040 NA 1
Lord of the Seas 111074.068 NA 1
Big Pine Baptist 111470 SR 3
Big Pine Methodist 111450 SR 3
Vineyard Christian 111170 SR
St.Peter's 110400 SC 3
Other
Memorial Gardens Cemetery 110830.0001 I 3
Big Pine Neighborhood Charter School 111420.0023 SC 3
Seacamp 247000 MU 4-3
Sours:Monroe County Planning and Environmental Resources Depanment
All of these institutional uses have been existing for at least 20 years and no new uses are antici-
pated at present. A number of these institutions have expressed an interest in redevelopment of
existing square footage or a limited expansion to better serve the needs of the present population.
Analysis of Community Needs
Plan for Future Community Organization Needs
The existing community organizations in the planning area have been identified. Some have
built their current land ownership to capacity while others have expressed a desire to expand.
The permitted action under the HCP will allow for a limited amount of expansion needs. For the
ihur remaining facilities there is a need to define the future potential for expansion and maintain flex-
ibility so that future requests can be handled.
Land Use and Redevelopment Element 48
2
kW 3
4 MEMORANDUM
5 MONROE COUNTY PLANNING& ENVIRONMENTAL RESOURCES DEPARTMENT
6 We strive to be caring,professional and far
7
8 To: Monroe County Board of County Commissioners
9
10 Through: Christine Hurley,AICP, 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 25, 2012
17
18 Subject: Amendments to the Livable CommuniKeys Program Master Plan for the Future
19 Development of Big Pine Key and No Name Key
20
21 Meeting: February 13, 2012
22
23 I REQUEST
24
Ipso 25 - This is a request by Monroe County to amend the Master Plan for Future Development of Big
26 Pine Key and No Name Key by amending the Tier Designation, as directed by the Board of
27 County Commission in Resolution 562-2003, for property owned by Seacamp (Real Estate
28 numbers 00246950-000000, 00246960-000000, 00246970-000000, 00246980-000000,
29 00246990-000000, 00247140-000000, 00247150-000000, 00247160-000000, 00247170-
30 000000, and 00247180-000000) from Tier Ito Tier III on Figure 2.1 (Tier Map for Big Pine
31 Key and No Name Key), and to amend the tier designation for the Seacamp property, as listed
32 in Table 2.7, Institutional Uses, for consistency.
33
34 II BACKGROUND INFORMATION
35
36 On August 18, 2004, the Monroe County Board of County Commissioners passed Ordinance
37 029-2004, adopting the Livable CommuniKeys Master Plan for Big Pine Key and No Name
38 Key as part of the 2010 Comprehensive Plan. The Master Plan is the product of the Livable
39 CommuniKeys program as outlined in the Monroe County Year 2010 Comprehensive Plan
40 Objective 101.20 which is to address community needs while balancing the needs of all of
41 Monroe County.
42
43 On December 17, 2003, the Monroe County Board of County Commissioners passed
44 Resolution No. 562-2003, approving the Livable CommuniKeys Master Plan (LCP) for Big
45 Pine Key and No Name Key, Draft 4, as the policy document to direct growth and
46 development of Big Pine Key and No Name Key. Resolution 562-2003 (Exhibit 1) included
47 direction to County staff to "change the Tier designation of the property known as Seacamp
l r' 48 from Tier Ito Tier III on the map on Page 28."
1
1
2 Seacamp, a not-for-profit organization that provides marine education to children, has
Li
3 contacted Monroe County to notify County staff of a Tier designation error for the Seacamp
4 property and requested a correction to the error. Seacamp's property is located on
5 approximately 12 acres of land located at the extreme southwest tip of the island, at the end of
6 Big Pine Avenue.
7
8 The Seacamp property consists of 13 real estate numbers: 00246950-000000, 00246960-
9 000000, 00246970-000000, 00246980-000000, 00246990-000000, 00247140-000000,
10 00247150-000000, 00247160-000000, 00247170-000000, 00247180-000000, 00112030-
11 000000, 00112040-000000, and 00247000-000000.
12
13 Real estate numbers 00112030-000000 and 00112040-000000 are submerged lands. Real
14 estate number 00247000-000000 is currently designated as Tier III. The remaining ten (10)
15 real estate numbers have Tier I designations. The Seacamp property, except for the parcel with
16 real estate number 00247000-000000, is presently designated Tier I within the LCP and
17 Monroe County's Tier Maps.
18
IJ
fir
:4- §
I• 8
,401.44k: ••
�a '7fo
00112030 ApOr.....
SEACAMP ASSOCIATION,INC.
BIG PINE KEY,FL.
19
20
21 During the drafting of the Livable CommuniKeys Plan (LCP), Seacamp demonstrated that the
22 10 parcels, stated above, were shown as having Tier I designations. Documentation from
23 Seacamp, Sandra Walters, Consultant, and the Department of Community Affairs has shown
24 that these ten(10)parcels are to be a Tier III designation.
25
26 During the 2003 LCP adoption hearing process for Draft #4 of the LCP, the BOCC directed
27 County staff, by order of Resolution No 562-2003, to "change the Tier designation of the
28 property known as Seacamp from Tier Ito Tier III on the map on page 28."
29
2
1 Communication between all parties regarding the Tier I designation error is detailed below:
2
3 On November 20, 2003, Earl G. Gallop, General Counsel and Sandra Walters sent a memo to
4 the County requesting a correction by changing Seacamp's Tier I designation to a Tier III by
5 amending the LCP.
6
7 On December 16, 2003, Sandra Walters sent a memo to Monroe County Mayor Nelson on
8 specific issues related to amending the Tier designation.
9
10 On October 7, 2009, Sandra Walters sent a letter to Monroe County staff requesting a
11 correction of Seacamp's tier designation. The letter requested that the Seacamp facilities (12
12 acres) at the south end of the Big Pine Avenue should be designated Tier III. The letter
13 requested that the County Planning Staff correct this as a scriveners' error and change all
14 County records to show the property as a Tier III.
15
16 On June 2, 2010, Sandra Walters sent a letter to Rebecca Jetton at the Department of
17 Community Affairs(DCA)regarding the status of the Seacamp tier mapping.
18
19 On July 7, 2010, Rebecca Jetton at the DCA responded to the June 2, 2010 correspondence
20 from Sandra Walters with Sandra Walters Consulting, Seacamp's planning consultant. The
21 correspondence included analysis on amending the tier designation and the direction from the
22 BOCC. The letter stated "The zoning map for the Seacamp parcels land use zoning
23 designation needs to be revised...."
24
--25- On July 29, 2010, Allan Milledge, Seacamp's Attorney, sent a letter to Rebecca Jetton at the
26 DCA,responding to the July 7, 2010 letter.
27
28 Summary of Previous County Actions:
29
30 Draft 1 of the Livable CommuniKeys Master Plan (LCP) for Big Pine Key and No Name Key
31 was reviewed at the May 20,2003, Development Review Committee meeting.
32
33 Draft 2 of the Livable CommuniKeys Master Plan (LCP) for Big Pine Key and No Name Key
34 was reviewed at the June 11, 2003, Planning Commission meeting and at the July 9, 2003,
35 Planning Commission meeting.
36
37 Draft 3 of the Livable CommuniKeys Master Plan (LCP) for Big Pine Key and No Name Key
38 was reviewed at the September 10,2003,Planning Commission meeting.
39
40 Draft 4 of the Livable CommuniKeys Master Plan(LCP) for Big Pine Key and No Name Key
41 was reviewed at the December 17,2003,Board of County Commissioners meeting.
42
43 Resolution 562-2003, approved Draft 4 of the Livable CommuniKeys Master Plan for Big Pine
44 Key and No Name Key and directed staff to change the Tier designation of the property known
45 as Seacamp from Tier Ito Tier III on the map on Page 28.
46
( 47
♦v 48
3
1 The Board of County Commission passed Resolution 044-2004 on January 21, 2004 to
2 transmit the Livable CommuniKeys Master Plan(LCP) for Big Pine Key and No Name Key as
3 a proposed amendment to the 2010 Monroe County Comprehensive Plan to the Department of
4 Community Affairs.
5
6 The Department of Community Affairs issued an Objections, Recommendations and
7 Comments(ORC) Report to Monroe County on June 29,2004.
8
9 The Board of County Commission passed Ordinance 029-2004 on August 14, 2004 to adopt
10 the Livable CommuniKeys Master Plan (LCP) for Big Pine Key and No Name Key as an
11 amendment to the 2010 Comprehensive Plan, address issues raised in the Objections,
12 Recommendations and Comments (ORC) Report and to submit the amendment to the
13 Department of Community Affairs.
14
15 The Habitat Conservation Plan (HCP) for the Florida Key Deer was prepared by Monroe
16 County for the U.S. Fish and Wildlife Service on April 2003 and was revised on April 2006.
17
18 The Incidental Take Permit (ITP) was prepared by the U.S. Fish and Wildlife Service and
19 became effective on June 9, 2006 and expires on June 30, 2023.
20
21 On June 2, 2009, the Board of County Commission passed Ordinance 020-2009, adopted
22 amendments to the Monroe County 2010 Comprehensive Plan to revise sections of the Livable
23 CommuniKeys Master Plan for Big Pine Key and No Name Key, clarifying sections
24 inconsistent with the Habitat Conservation Plan, Incidental Take Permit, and Monroe County
25 Code.
26
27 III.PROPOSED AMENDMENTS
28
29 This is a request by Monroe County to amend the Master Plan for Future Development of Big
30 Pine Key and No Name Key by amending the Tier Designation, as directed by the Board of
31 County Commission in Resolution 562-2003 (Exhibit 1), for property owned by Seacamp
32 (Real Estate numbers 00246950-000000, 00246960-000000, 00246970-000000, 00246980-
33 000000, 00246990-000000, 00247140-000000, 00247150-000000, 00247160-000000,
34 00247170-000000, and 00247180-000000) from Tier Ito Tier IH on Figure 2.1 (Tier Map for
35 Big Pine Key and No Name Key(Exhibits 2a and 2b), and to amend the tier designation for the
36 Seacamp property, as listed in Table 2.7, Institutional Uses (Exhibit 3), for consistency and as
37 shown below.
38
39
40
41
42 Left Blank Intentionally
43
44
45
46
47
lir C 48
4
1
Table 2.7 Institutional uses located on Big Pine Key
Civic Parcel Zoning Tier
Lion's Club 108770 NA 1
Lower Keys Property Owners 309070 IS 2
Moose Club 111070 SR 1
Religious
St. Francis 110040 NA 1
Lord of the Seas 111074.068 NA 1
Big Pine Baptist 111470 SR 3
Big Pine Methodist 111450 SR 3
Vineyard Christian 111170 SR 1
St. Peter's 110400 SC 3
Other
Memorial Gardens Cemetery 110830.0001 _ IS 3
Big Pine Neighborhood Charter School 111420.0023 SC 3
Seacamp 24700 MU }3
2
3 III.CONSISTENCY WITH THE MONROE COUNTY YEAR 2010 COMPREHENSIVE
4 PLAN, THE FLORIDA STATUTES, AND PRINCIPLES FOR GUIDING
5 DEVELOPMENT
6
7 A. The proposed amendment is consistent with the following Goals, Objectives and
8 Policies of the Monroe County Year 2010 Comprehensive Plan. Specifically, the
9 amendment furthers:
10
11 Goal 101: Monroe County shall manage future growth to enhance the quality of life,
12 ensure the safety of County residents and visitors, and protect valuable natural resources.
13
14 Objective 101.20: Monroe County shall address local community needs while balancing
15 the needs of all Monroe County communities. These efforts shall focus on the human
16 crafted environment and shall be undertaken through the Livable CommuniKeys Planning
17 Program.
18
19 Goal 102: Monroe County shall direct future growth to lands which are intrinsically most
20 suitable for development and shall encourage conservation and protection of
21 environmentally sensitive lands.
22
23 Policy 102.1.1: The County shall protect submerged lands and wetlands. The open space
24 requirement shall be one hundred(100)percent of the following types of wetlands:
25 1. submerged lands 2.mangroves 3. salt ponds
26 4. fresh water wetlands 5. fresh water ponds
27 6. undisturbed salt marsh and buttonwood wetlands
( 28
IOW 29 Allocated density (dwelling units per acre) shall be assigned to freshwater wetlands and
5
1 undisturbed salt marsh and buttonwood wetlands only for use as transferable development
2 rights away from these habitats. Submerged lands, salt ponds, freshwater ponds, and
3 mangroves shall not be assigned any density or intensity.
4
5 GOAL 105: Monroe County shall undertake a comprehensive land acquisition program
6 and smart growth initiatives in conjunction with its Program in a manner that recognizes
7 the finite capacity for new development in the Florida Keys by providing economic and
8 housing opportunities for residents without compromising the biodiversity of the natural
9 environment and the continued ability of the natural and man-made systems to sustain
10 livable communities in the Florida Keys for future generations.
11
12 Objective 105.1: Monroe County shall implement smart growth initiatives in conjunction
13 with its Land Acquisition Programs which promote innovative and flexible development
14 processes to preserve the natural environment, maintain and enhance the community
15 character and quality of life, redevelop blighted commercial and residential areas, remove
16 barriers to design concepts, reduce sprawl, and direct future growth to appropriate infill
17 areas.
18
19 Policy 105.1.1: Monroe County shall create an economic development framework for a
20 sustainable visitor-based economy, not dependent on growth in the absolute numbers of
21 tourists that respects the unique character and outdoor recreational opportunities available
22 in the Florida Keys.
23
24 Policy 105.2.1: Monroe County shall designate all lands outside of mainland Monroe
25- County, except for the Ocean Reef planned development, into three general categories for
26 purposes of its Land Acquisition Program and smart growth initiatives in accordance with
27 the criteria in Policy 205.1.1. These three categories are: Natural Area (Tier 1); Transition
28 and Sprawl Reduction Area (Tier II) on Big Pine Key and No Name Key only; and Infill
29 Area (Tier III). The purposes, general characteristics, and growth management approaches
30 associated with each tier are as follows:
31
32 #3: Infill Area (Tier III): Any defined geographic area, where a significant portion
33 of land area is not characterized as environmentally sensitive as defined by this
34 Plan, except for dispersed and isolated fragments of environmentally sensitive
35 lands of less than four acres in area, where existing platted subdivisions are
36 substantially developed, served by complete infrastructure facilities, and within
37 close proximity to established commercial areas, or where a concentration of non-
38 residential uses exists, is to be designated as an Infill Area. New development and
39 redevelopment are to be highly encouraged, except within tropical hardwood
40 hammock or pineland patches of an acre or more in area, where development is to
41 be discouraged. Within an Infill Area are typically found: platted subdivisions with
42 50 percent or more developed lots situated in areas with few sensitive
43 environmental features; full range of available public infrastructure in terms of
44 paved roads, potable water, and electricity; and concentrations of commercial and
45 other non-residential uses within close proximity. In some Infill Areas, a mix of
( 46 non-residential and high-density residential uses (generally 8 units or more per
k47 acre)may also be found that form a Community Center.
48
6
1 Policy 105.2.2: Monroe County shall prepare an overlay map(s) designating geographic
2 areas of the County as one of the three Tiers in accordance with the guidance in Policy
gsv 3 105.2.1, which shall be incorporated as an overlay on the zoning map(s) with supporting
4 text amendments in the Land Development Regulations. These maps are to be used to
5 guide the Land Acquisition Program and the smart growth initiatives in conjunction with
6 the Livable CommuniKeys Program (Policy 101.20.1).
7
8 Policy 105.2.4: Monroe County shall prepare a specific data base tied to its Geographic
9 Information System,containing information needed to implement,monitor, and evaluate its
10 Land Acquisition Program, smart growth initiatives, and Livable CommuniKeys Program.
11
12 Goal 205: The health and integrity of Monroe County's native upland vegetation shall be
13 protected and, where possible, enhanced.
14
15 Objective 205.2: To implement Goal 105 of this Plan and the recommendations in the
16 Florida Keys Carrying Capacity Study (FKCCS), Monroe County shall adopt revisions to
17 the Land Development Regulations which further protect and provide for restoration of the
18 habitat values of upland native vegetated communities, including hardwood hammocks and
19 pinelands.
20
21 Policy 205.2.2: Monroe County shall discourage developments in Tier I and within tropical
22 hardwood hammock or pinelands of one acre or more in area to protect areas of native
23 upland vegetation.
24
L25 Goal 207: Monroe County shall protect and conserve existing wildlife and wildlife
26 habitats.
27
28 B. The proposed amendment is consistent with the Master Plan for Big Pine Key and No
29 Name Key. Specifically,the amendment furthers:
30
31 Strategy 1.1: Create a Tier Map for the planning area depicting the locations of Tier I, Tier
32 II and Tier III lands as described in Comprehensive Plan Policy 105.2.1. Base the Tier
33 Map on the habitat needs of federally endangered resident species in the planning area as
34 set forth in the anticipated ITP and HCP in terms of relative H of parcels within the
35 planning area.
36
37 Goal 2: Manage future growth for the next twenty years on Big Pine Key and No Name
38 Key consistent with the community vision, while minimizing impacts on the endangered
39 species and maintaining the existing biodiversity.
40
41 Strategy 2.1: Continue to utilize the Land Use District Maps and supporting FLUM to
42 regulate land use type, density and intensity on an individual parcel basis within the
43 planning area. The distribution of future development shall be guided by a Tier System
44 Overlay Map pursuant to the Comprehensive Plan Smart Growth Initiatives(Goal 105).
45
46 Action 2.1.2: Adopt the Tier System Map separate from but as an overlay of the Land
( 47 District Maps. The Tier System Overlay Map shall be used primarily to guide the
48 distribution of development through the application of the residential rate of growth
7
1 ordinance and the non-residential rate of growth ordinance pursuant to the strategies set
2 forth in this Master Plan.
( 3
1I 4 C. The amendment is consistent with the Principles for Guiding Development for the
5 Florida Keys Area, Section 380.0552(7),Florida Statute.
6
7 For the purposes of reviewing consistency of the adopted plan or any amendments to that
8 plan with the principles for guiding development and any amendments to the principles,the
9 principles shall be construed as a whole and no specific provision shall be construed or
10 applied in isolation from the other provisions.
11
12 (a) Strengthening local government capabilities for managing land use and development so
13 that local government is able to achieve these objectives without continuing the area of
14 critical state concern designation.
15 (b) Protecting shoreline and marine resources, including mangroves, coral reef formations,
16 seagrass beds,wetlands, fish and wildlife, and their habitat.
17 (c) Protecting upland resources, tropical biological communities, freshwater wetlands,
18 native tropical vegetation (for example, hardwood hammocks and pinelands), dune
19 ridges and beaches, wildlife, and their habitat.
20 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound
21 economic development.
22 (e) Limiting the adverse impacts of development on the quality of water throughout the
23 Florida Keys.
24 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural
( 25 - environment, and ensuring that development is compatible with the unique historic
�/ 26 character of the Florida Keys.
27 (g) Protecting the historical heritage of the Florida Keys.
28 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and
29 proposed major public investments, including:
30
31 1. The Florida Keys Aqueduct and water supply facilities;
32 2. Sewage collection,treatment, and disposal facilities;
33 3. Solid waste treatment, collection, and disposal facilities;
34 4. Key West Naval Air Station and other military facilities;
35 5. Transportation facilities;
36 6. Federal parks,wildlife refuges,and marine sanctuaries;
37 7. State parks, recreation facilities, aquatic preserves, and other publicly owned
38 properties;
39 _. 8. City electric service and the Florida Keys Electric Co-op; and
40 9. Other utilities, as appropriate.
41
42 (i) Protecting and improving water quality by providing for the construction, operation,
43 maintenance, and replacement of stormwater management facilities; central sewage
44 collection; treatment and disposal facilities; and the installation and proper operation
45 and maintenance of onsite sewage treatment and disposal systems.
46 (j) Ensuring the improvement of nearshore water quality by requiring the construction and
itio 47 operation of wastewater management facilities that meet the requirements of ss.
8
1 381.0065(4)(1) and 403.086(10), as applicable, and by directing growth to areas served
2 by central wastewater treatment facilities through permit allocation systems.
cf 3 (k) Limiting the adverse impacts of public investments on the environmental resources of
4 the Florida Keys.
5 (1) Making available adequate affordable housing for all sectors of the population of the
6 Florida Keys.
7 (m)Providing adequate alternatives for the protection of public safety and welfare in the
8 event of a natural or manmade disaster and for a post disaster reconstruction plan.
9 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and
10 maintaining the Florida Keys as a unique Florida resource.
11
12 Pursuant to Section 380.0552(7), Florida Statutes, the proposed amendment is consistent with
13 the Principles for Guiding Development as a whole and is not inconsistent with any Principle.
14
15 D. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute
16 (F.S.).Specifically,the amendment furthers:
17
18 163.3177(6)(a)3.f., F.S. -Ensure the protection of natural and historic resources.
19 163.3177(6)(d), F.S. - A conservation element for the conservation, use, and protection of
20 natural resources in the area, including air, water, water recharge areas, wetlands,
21 waterwells, estuarine marshes, soils, beaches, shores, flood plains, rivers, bays, lakes,
22 harbors, forests, fisheries and wildlife, marine habitat, minerals, and other natural and
23 environmental resources, including factors that affect energy conservation.
24
Illof 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 d. Conserves, appropriately uses, and protects minerals, soils, and native vegetative
28 communities,including forests, from destruction by development activities.
29 e. Conserves, appropriately uses, and protects fisheries, wildlife, wildlife habitat, and
30 marine habitat and restricts activities known to adversely affect the survival of
31 endangered and threatened wildlife.
32 f. Protects existing natural reservations identified in the recreation and open space
33 element.
34 g. Maintains cooperation with adjacent local governments to conserve, appropriately
35 use, or protect unique vegetative communities located within more than one local
36 jurisdiction.
37
38 163.3177(6)(g), F.S. - For those units of local government identified in s. 380.24, a coastal
39 management element, appropriately related to the particular requirements of paragraphs
40 (d) and (e) and meeting the requirements of s. 163.3178(2) and (3). The coastal
41 management element shall set forth the principles, guidelines, standards, and strategies
42 policies that shall guide the local governments decisions and program implementation
43 with respect to the following objectives:
44 2. Preserve the continued existence of viable populations of all species of wildlife and
45 marine life.
( 46 3. Protect the orderly and balanced utilization and preservation, consistent with sound
♦r 47 conservation principles, of all living and nonliving coastal zone resources.
9
1 4. Avoid irreversible and irretrievable loss of coastal zone resources.
2
iimpr 3 IV. ENVIRONMENTAL ANALYSIS:
4
5 Monroe County Environmental Resources staff conducted a site visit of the Seacamp Property
6 on August 5, 2011, to evaluate the accuracy of the County's GIS habitat layer and assess the
7 vegetative communities on the Seacamp parcels. The 2009 habitat layer accurately depicts
8 the majority of the site. Notable exceptions are the beach berm located south of the
9 impounded water on the west end of the point which should be labeled as developed land, the
10 spit of land along the west side of the south boat basin that should be labeled as developed
11 land, and the mangrove area that extends into the developed area of the camp which is
12 actually a canal with a mangrove canopy and should be labeled as water.
13
Hammock
Mangrove
Scru /414 A
//Ati
H:m ..
\ n,
r41
940
dev... •Land i�
Developed Land
414r-
14
15
16 Further, the following analysis of Key Deer and the Marsh Rabbit was documented in the
17 Habitat Conservation Plan(HCP):
18
19 "The Habitat Conservation Plan (HCP) focuses on the Key deer as an "umbrella species" and
20 operates under the assumption that avoiding and minimizing impacts to Key deer habitat, will
21 also provide direct protection to both populations and habitats of other terrestrial species. In
22 the development of the HCP, the ecology and population dynamics of the Key deer was studied
23 for three years and a Population Viability Analysis (PVA) model, including a spatial
24 component, was produced to evaluate the impacts of development scenarios on the Key deer
4 25 population. Based on the Key deer studies done for the HCP and the resulting spatial model,ily
26 lands in the study area were classified into three "Tiers." Tier 1 lands are higher quality Key
10
1 deer habitat. Tier 3 lands are the lowest quality Key deer habitat. Most of the parcels in Tiers 2
2 and 3 are interspersed among developed parcels and among canals. These areas provide little
411 3 habitat value to the covered species."(Pg. 2 Habitat Conservation Plan)
4
5 Figure 2.1 (Exhibit 4) of the HCP provides Key deer locations from telemetry data. As noted
6 in the HCP, "the Key deer are wide ranging and utilize virtually all available habitat in the
7 project area, including developed areas (Figure 2.1, Lopez 2001)." Figure 2.1 does not
8 indicate the utilization or distribution of Key deer, during the 3 year study period, within or
9 adjacent to the Seacamp property. (Pg. 20 Habitat Conservation Plan)
10
11 Figure 2.2 (Exhibit 5) of the HCP provides the Lower Keys marsh rabbit habitat, as identified
12 by the U.S. Fish and Wildlife Service. This figure displays the Lower Keys marsh rabbit
13 habitat on Big Pine Key and No Name Key(Faulhaber 2003)based on the most recent data on
14 its distribution within the covered area (Figure 2.2). Figure 2.2 does not indicate Lower Keys
15 marsh rabbit habitat within or adjacent to the Seacamp property. (Pg. 23 Habitat Conservation
16 Plan).
17
18 Lastly, Figure 2.4 (Exhibit 6)depicts the 6 grid layers used to generate the weighting factor for
19 the final carrying capacity grid. The deer corridor and deer density parameters both reflect low
20 utilization of the Seacamp area by Key deer.
21
22 V. STAFF RECOMMENDATION
23
24 Monroe County Planning and Environmental Resources Department recommends approval to
--25 -------amend the Master Plan for Future Development of Big Pine Key and No Name Key by
Mir 26 amending Seacamp's Tier Designation, (real estate numbers 00246950-000000, 00246960-
27 000000, 00246970-000000, 00246980-000000, 00246990-000000, 00247140-000000,
28 00247150-000000, 00247160-000000, 00247170-000000, and 00247180-000000) from Tier I
29 to Tier III on Figure 2.1, Tier Map for Big Pine Key and No Name Key, as directed by the
30 Board of County Commission in Resolution 562-2003 and to amend Table 2.7, Institutional
31 Uses.
32
33 VI.EXHIBITS
34
35 1. Resolution 562-2003
36 2a. Figure 2.1 Tier designations on Big Pine Key and No Name Key, Livable CommuniKeys
37 Master Plan for Big Pine Key and No Name Key(LCP)
38 2b. Amended Figure 2.1 Tier designations on Big Pine Key and No Name Key, Livable
19 CommuniKeys---CommuniKeys Master Plan for Big Pine Key and No Name Key(LCP)
40 3. Table 2.7 Institutional Uses located on Big Pine Key(LCP)
41 4. Figure 2.1 Key deer location from telemetry, Habitat Conservation Plan for Florida Key
42 Deer and other Protected Species on Big Pine Key and No Name Key, Monroe County,
43 Florida(Habitat Conservation Plan(HCP))
44 5. Figure 2.2 Lower Keys marsh rabbit habitat(HCP)
45 6. Figure 2.4 Six Grid Layers Used To Generate Weighting Factor Grid(HCP)
1t
EXHIBIT 1
(Seacamp Amendment)
RESOLUTION NUMBER 562 -2003
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS
APPROVING THE LIVABLE COMMUNIKEYS MASTER PLAN FOR
BIG PINE KEY AND NO NAME KEY AS THE POLICY DOCUMENT TO
DIRECT GROWTH AND DEVELOPMENT OF BIG PINE KEY AND NO
NAME KEY.
WHEREAS, Policy 101.20.1 of the Year 2010 Comprehensive Plan directs Monroe
County to develop a series of Community Master Plans which shall include specific criteria,
including close coordination with other community plans ongoing in the same area; and
WHEREAS, the Monroe County Year 2010 Comprehensive Plan Objective 101.20
outlines the Livable CommuniKeys as a planning program which is to address community needs
while balancing the needs of all of Monroe County;and
WHEREAS,Big Pine Key has had a moratorium on all traffic generating development
since March 13, 1995 due to an inadequate level of service (LOS) on the Big Pine segment of
U.S. 1 which did not meet the concurrency requirements set forth in Policy 301.1.2 of the Year
iiimr 2010 Comprehensive Plan; and
WHEREAS, Road improvements must be made in order to improve the LOS on Big
Pine Key, however the US Fish and Wildlife Service(USFWS) requires a Habitat Conservation
Plan (HCP) to be completed to show that any development must minimize impacts to the
endangered species before any further development maybe permitted; and
WHEREAS,on October 26, 1998, the U.S. Fish and Wildlife Service(USFWS), Florida
Game and Fish Commission, the Florida Department of Community Affairs (FDAC), Florida
Department of Transportation and Monroe County entered into a Memorandum of Agreement
for the development of a Habitat Conservation Plan(HCP) for Big Pine and No Name Keys; and
WHEREAS, the HCP is a mechanism whereby the concerns and responsibilities of the
various public agencies with regard to the conservation of the Key Deer and other covered
species,and public and private development of Big Pine and No Name Keys can be coordinated;
and
WHEREAS, both the HCP and the LCP have been developed in conjunction with one
another to balance the amount and type of development the community desired, and the
subsequent level of 'take' of endangered species which may be necessary to accomplish the
development;and
WHEREAS, in order to obtain an assessment of community needs, three public
( workshops for the Livable CommuniKeys Program(LCP)were held on April 6,2000; May 25,
Page I of 3
`r
2000; and September 21", 2000 on Big Pine and an additional three public workshops
were held for the HCP;and
WHEREAS, as a result of public input from the LCP workshops, the Development
Alternatives Report (DAR) was produced on March 6, 2001 which outlined preferred
development options to be considered in the master plan which reflect input received from the
community workshops and were analyzed in the HCP computer model to determine impacts on
the endangered species; and
WHEREAS,the HCP was approved for submittal to the USFW S by the Board of County
Commissioners at the regularly scheduled meeting on March 19,2003;and
WHEREAS, the LCP implements the HCP as well as provides for the development
needs of the community;and
WHEREAS, the Livable CommuniKeys Master Plan, Draft One was reviewed during a
regularly scheduled meeting of the Development Review Committee held on May 20, 2003,
where public comment was received; and
WHEREAS,during a regularly scheduled meeting on June 11,2003,the Monroe County
Planning Commission reviewed the Livable CommuniKeys Master Plan, Draft Two, which
E consisted of edits by staff to clarify language in the plan, heard public input, suggested changes
�/ based on public input and staff recommendations and continued the plan to the next meeting in
Marathon;and
WHEREAS, during a regularly scheduled meeting on July 9, 2003, the Monroe County
Planning Commission reviewed the Livable CommuniKeys Master Plan, Draft Two, discussed
proposed changes based on further community input and staff recommendations and continued
the plan to the next meeting in Marathon for further consideration;and
WHEREAS, during a regularly scheduled meeting on September 10, 2003, the Monroe
County Planning Commission reviewed the Livable CommuniKeys Master Plan, Draft Three,
accepted the proposed changes from the previous meeting and suggestions from public input and
recommended further changes by staff;and
WHEREAS, during the September meeting the Planning Commission recommended
approval,with amendments,to the Board of County Commissioners;and
WHEREAS, the Livable CommuniKeys Master Plan contains recommendations to
amend the Future Land Use and Land Use District maps for Big Pine Key and No Name Key
which will be presented to the Commission at a subsequent hearing;NOW THEREFORE,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the preceding findings support their decision to
recommend APPROVAL to adopt the Livable CommuniKeys Master Plan for Big Pine and No
ghlr
Page 2 of
4111/
Name Key,Draft Four,as the working regulatory document to direct growth and development on
the islands with the following amendments and direct staff to make the changes to the Monroe
County Year 2010 Comprehensive Plan and Land Development Regulations as recommended in
the Master Plan:
I. Change the Tier designation of the property known as Seacamp from Tier Ito Tier III
on the map on page 28.
2. Amend Action Item 8.1.1 c. on page 58 to read as follows: "Permit new fences on
developed canal lots and vacant canal lots that are contiguous to and serve a principal
use within Tier II and Tier RI and within Port Pine Heights and Kyle Dyer
Subdivisions. All fences shall be designed to meet adopted fence design guidelines for
the planning area already contained in the land development regulations."
3. Add Action Item 12.2.4 which shall read "Prohibit new formula retail businesses and
restaurants in the planning area through the development of Land Development
Regulations."
PASSED AND ADOPTED By the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 176 day of December,2003.
A• r
Mayor Murray Nelson yes z,.3 i rrn
Mayor Pro Tem David P. Rice yea mxK = v
Commissioner George Neugent yes CO PO— 2
ker �Aci
Commissioner Dixie Spehar yes z. o -a,
:Commissioner Charles"Sonny' McCoy y„ <"r m
'n �j c7
O
(S1SAt) .n >
BOARD OF COUNTY COMMISSIONERS
Attest:Danny L. "liege,Clerk OF MONR9E COliNTTy AFL/�R,IDDA
, �
By ,e,xefr
Clerk Mayor .
MONROE COUNTY ATTORNEY
P 0 !jot" FORM:
RO: y' '.WOLFE
CHEF ASS .^1COO4TY ATTORNEY
Otte — C1�'�r
Page 3 of 3
EXBIBIT 2a (Seacap Amendment)
Livable ConmtualKeys Master Plan for Original BOCC Adoption 08t2004:
Big Pine Key and No Name Key Amended by Ordinance 020-2009
• Livable Communil(eys progwm
trilBig Pine Key and No Name Key
4• Tier Map
46.
Legend Monroe County
®Tier 1 Planning and Environmental
Resources Department
Tier 2
TWIN.r Milan.Como O.AY•.gmr D..a..o..
No Tier 3 .a 7M I....rrN w. r .m,..w .tl .q ..weft
�r�...l.r M•1a.WmI.Mwn..b4..mamma
Figure 2.1 Tier designations on Big Pine Key and No Name Key. (Ordinance 020-2009, § 1)
Land Use and Redevelopment Element 28
Livable CommuniKeys Master Plan for EXHIBIT 2b
Big Pine Key and No Nambi,KS'y (SSkacamp Amendment)
411100 . Livable Communikeys Program
Big Pine Key and No Name Key
Tier Overlay District
41°14
,j:
%)II ` I
L
\\\,,,,r_r----i— 1 , -
• lie
__--+t
:[111 - - ;
— 2: 1_.
illh) .
Monroe County-nor Overlay District tt.,,,, ,,,..
Monroe County
1 Planning and Environmental
Tort Natural Area
4iii.
Tier II Tnnalon eW Sp exl Ara Resources Department
T I)I-Ir IAc,
Figure 2.1 Tier designations on Big Pine Key and No Name Key.(Ordinance 020-2009,§1) ,_,_,,,_�„
v+ramt
EXHIBIT 3 (Seacamp
Livable CommuniKeys Master Plan for Original BOCC Adoption 08r2004:Amendment)
Big Pine Key and No Name Key Amended by Ordinance 020-2009
GOAL 5
Maintain the viability of existing community organi-
zations by providing opportunities for limited rede-
velopment and expansion.
Current Conditions Summary
The LCP/HCP process sought to ensure that existing community organizations could remain vi-
able and expand according to their needs within existing zoning limitations. Table 2.7 lists these
organizations.
Table 2.7 institutional uses located on Big Pine Key.
Civic Parcel Zoning Tier
Lion's Club 108770 NA 1
Lower Keys Property Owners - 309070 IS 2
Moose Club - 111070 SR 1 •
Religious
4kr St.Francis 110040 NA 1
Lord of the Seas 111074.068 NA 1
Big Pine Baptist 111470 SR 3
Big Pine Methodist 111450 SR 3
Vineyard Christian 111170 SR 1
St.Peter's • 110400 SC 3
Other
Memorial Gardens Cemetery 110830.0001 I 3
Big Pine Neighborhood Charter School 111420.0023 SC 3
Seacamp 247000 MU 1
Sauce:Monroe County Planning and Environmental Resources Department
All of these institutional uses have been existing for at least 20 years and no new uses are antici-
pated at present. A number of these institutions have expressed an interest in redevelopment of
existing square footage or a limited expansion to better serve the needs of the present population.
Analysis of Community Needs
Plan for Future Community Organization Needs
The existing community organizations in the planning area have been identified. Some have
built their current land ownership to capacity while others have expressed a desire to expand.
The permitted action under the HCP will allow for a limited amount of expansion needs. For the
remaining facilities there is a need to define the future potential for expansion and maintain
flexibility so that future requests can be handled.
ILand Use and Redevelopment Element 48
ffiIBIT 4
(Seacamp Amendment)
S
.)\
�r3 •
.t
'` `' Big Pine Key
• Deer Locations
Ca
`` •. No Name Key
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Figure 2.1. Key deer locations from telemetry data(Lopez 2001)
•
21
EXHIBIT 5
(Seacaap Amiendment)
/.. „ ,..___, \
V 1 -1S14,411411, . - , r
11 2003 Rabbit Habitat
1 500M Buffer
-- -- **I
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Figure 2.2. Lower Keys marsh rabbit habitat(Source: United States Fish and Wildlife
IDService).
24
EXHIBIT 6 (Seacamp
Amendment)
"" • Deer density: Development in areas of low Key deer density would be less harmful to the
Key deer than development in areas of high density.
• Distance from US-1. Development near US-1 would be less harmful to the Key deer than
development farther from US-1.
• Water barriers. Development in areas with canals would be less harmful to the Key deer than
development in areas without canals.
Because more than one factor may affect the value of a given cell, the final cell value in the
weighting factor grid was the average of the six parameters,where 0 represented the lowest value
to the Key deer and 2 represented the highest value to the Key deer.
is
\_ "ti?,,i "t,crar- kr5) roll% tili
\lc
/01/4.
Deer Corridors Deer Density House Density
14,
t
. No- ., ..
Water Barriers Distance from US 1 Patch Quality
Figure 2.4. Six grid layers used to generate weighting factor grid
(darker shades=higher value for the deer)
ID36
`.
Data & Analysis
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October 7,2009 Communications
COISULTWLSERNCES
MEMORANDUM
TO: Townsley Schwab,Senior Director
Kathy Grasser,Comprehensive Planner
Monroe County Planning&Environmental Resources Department
FROM: Sandy Walters
President,SWC
SUBJECT: Correction to tier designation of Seacamp property,Big Pine Key
Seacamp is an IRS 501(c)(3) not-for-profit organization that provides marine education for
children in summer camp and school season science class programs. Programs of this valuable
institution have informed well over 700,000 students concerning the marine habitats that
surround the Florida Keys and have provided thousands of scholarships to Monroe County
residents worth close to half a million dollars. Seacamp was established in the 1960s on 12 acres
of mostly-scarified land at the extreme southernmost tip of Big Pine Key, at the end of Big Pine
-----4-------------Avenue. The facility, which redeveloped a former 1960s motel and marina, now consists of
four, two-story dormitories, an administrative building, classroom and office modulars, dining
hall and kitchen, laboratory, maintenance area, marina, swim canal, parking area, and ancillary
facilities and storage.
Seacamp participated actively in the development of both the Habitat Conservation Plan(HCP)
and Livable Communikeys Plan (LCP) for Big Pine Key, and fully supports efforts to provide
long-term protection to the unique and sensitive environmental resources of the Florida Keys.
Upon final adoption by the Monroe County Board of County Commissioners (BOCC) of the
LCP and associated Comprehensive Plan and Land Development Regulation (LDR)
amendments,the Seacamp property was specifically addressed and designated as Tier III.
Last year, Leigh Williams with Seacamp asked a staff person in the Planning Department to
provide information regarding the tier designations of the Seacamp property, to include in
Seacamp's files. She was FAX'd a list showed part of the property designated as Tier 3 and part
as Tier 1. As this is clearly inconsistent with the direction of the BOCC at the final adoption
hearing, Seacamp began investigating and requested SWC to assist. In short, we believe that
these differing designations were probably the result of a staff error in looking up the appropriate
RE numbers of the lots that comprise Seacamp, and we are asking that this error—which could
certainly be considered a scrivener's error—be corrected.
The following summarizes the information received from the County, the attached
documentation of the full group of RE numbers that comprise the Seacamp facility, the BOCC
4111,
GENERAL EMAIL SWeaCWfIHC NEI •WEBSITE WWW,SWCINC.NLT
M,MN OF CC:6410 Am STREET,SUITE 3,KEY WEST,FL 33040•PH 305294-1238•FAx 305-294-2164
SE FLDRIOA: 1031 MS DAIRY ROAD.Sun 228,MIAMI,FL 33179•PH 305-651-7061 •FAx 305-651-5732
SW FLORIDA: 4790 Gal/ELAND AVENUE,SURE 2102,FT. MYERS,FL 33907•PH 239-985-9762•FAx 239-985-9763
the
TOWNSIEY SCHWAB,OCrooER 7,2009,PAGE 2
decision to designate Seacamp as Tier 3,and the research conducted by Seacamp during the final
stages of the LCP process and documentation provided to planning staff and the BOCC.
Information from County
The first attachment is a summary of lots and the tier designations and H values relevant to the
Seacamp facility provided by County staff to Seacamp by FAX on March 25, 2008. The FAX
itself could be somewhat confusing as additional parcels owned by Seacamp but not contiguous
to the Seacamp facility are included, so I will bring the FAX to our meeting for reference only.
The entire matter we are bringing to you now concerns only the Seacamp facility at the south end
of Big Pine Avenue.
Seacamp Property
The second attachment to this memo consists an enlarged area of Land Use District Map 359
showing the Seacamp property annotated with the RE numbers, along with the entire map.
Included also are the property record cards for all the parcels comprising the full 12-acre
Seacamp site. This clearly shows the contiguous nature of the lots. Also note that the land use
district for all Seacamp parcels is MU, and the dividing line with the adjacent land use district of
IS-M is at the northern edge of the contiguous Seacamp property. Included also with this
attachment is a color aerial photograph of the subject property,for reference.
BOCC Decision
The third attachment to this memo consists of the minutes from the December 2003 BOCC
adoption hearing regarding the Big Pine and No Name Key Livable Communikeys Plan and
associated tier designations. Yellow highlights show that it was decided by unanimous vote of
the BOCC to amend the plan to designate the Seacamp property as Tier 3. Also included are two
news articles reporting on the BOCC action, both of which described the amendment to change
Seacamp to Tier 3.
Seacamp Research and Documentation
The last attachment includes the following items:
> A memorandum addressed to the Mayor dated November 20, 2003 from Seacamp General
Counsel Earl Gallop and Planning Consultant Sandra Walters presenting research conducted
on the issue and including specific items from the HCP and draft LCP supporting
_ recommendations for LCP changes,most specifically the correction of the Seacamp property
to Tier 1. Please note Attachment C in this item is an aerial photograph of the property
showing the northern property boundary.
> A package presented to the entire BOCC dated December 16, 2009 presenting some of the
same information as previously but also including additional infomration comparing the
Seacamp site to two other comparable institutional land uses on Big Pine Key—the Mariners
property and the Catholic Church, both of which were proposed in the LCP draft at that time
to be designated Tier 3. The comparison finds that the Seacamp location is less likely to
affect the listed species that are the subject of the HCP than the other two, and the only
difference is that the Seacamp is not in the US 1 corridor,which is not a decisive factor.
> A memorandum summarizing a December 16, 2003 telephone conference held with Dr.
Ricardo Calvo, who was the consultant in charge of developing the HCP. Dr. Calvo noted
41kTovar er Samna,OCPOare1,2009,PAGE 3
that correcting the tier designation of Seacamp in the LCP would have no effect at all on the
HCP,and stated specifically that, "We wouldn't have to change one line of text in the HCP.'
Conclusion and Request for Correction
We feel all the information provided clearly shows that the entire Seacamp facility(12 acres) at
the south end of Big Pine Avenue should be designated Tier 3, and request that County planning
staff correct this as a scriveners error and change all County records to show all the subject lots
as Tier 3.
If you have any questions and/or comments please contact me at (305) 294-1238, or
electronically at Sandv(a�swcinc.net.
Cc: Irene Hooper, Seacamp Association, Inc.
( Tiers and H-Values of Seacamp Association, Inc. Contiguous Lots
�/ per Monroe County Environmental Dept. 3/25/08
NOTE: ALL OF THESE CONTIGUOUS LOTS SHOULD BE IN TIER 3, ACCORDING TO 5-0 VOTE
OF MONROE COUNTY COMMISSION.
RE/Parcel LCP Tier: H-Value
ID.# Alt. Key# Subdivision a Block Lot(s) 1-2-3
246950- - -
000000 1316610 Piney Point E 16 1 .003
246960 -
000000 1316628 Piney Point E 17 1 .0044
246970 -
000000 1316636 Piney Point E 18 1 .0032
246980-
000000 1316644 Piney Point E 19 1 .0023
246990 -
000000 1316652 Piney Point E 20 1 0024
247000 - E21-28
000000 1316661 Piney Point E & F & F1-7 3 .008
247140-
flW uuvuuu 1316806 Piney Point F 8 1 .0031
247150 -
000000 1316814 Piney Point F 9 1 .0023
247160-
000000 1316822 Piney Point F 10 1 .0014
247170 -
000000 1316831 Piney Point F 11 1 .0017
247180 -
000000 1316849 _ Piney Point F 12 1 .0012
NOTE: THIS PROPERTY DID NOT APPEAR ON THE LIST FROM THE COUNTY BUT IS LAND
OWNED BY SEACAMP RUNNING BETWEEN BLOCKS E AND F, BETWEEN LOTS 8-9-10-11-12
AND LOTS 16-17-18-19-20.
I 00000964- Abandoned
I 000000 8506970 Piney Point E-F Road
41,
C:PropertyRecords/Tiers/2008Tiers-HvalueForSandy
I
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/• / RE # 0024T160-000000
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/ RE # 00247150-000000
/ RE # 00247140-000000
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/ / RE 9 00246970-000000
// RE X 00246980-000000
O /� RE X 00246990-000000
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MATCH TO 360
•
ACM ARIAS OP artful COUNTY CONCERN Ia IMPROVED SADIVISION RV MEWLS
LS till: MNf AM
O CONIUV . MI "maw FACILITIES M 1% URBAN pPGGP lµ ttifIliCT O70lLD
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C01Mf11CIAL RIMMING TICIAL DISTRICTS µ/ MI) 0 UM AMA �. WANLY ffff C1 A ro M ,,
V CQWGCIAL FICIIMO VBLAOG MA NATIYW AREA UI URBAN IE OSINTVl M W0e. s4 FO
011 OfRONTION PEST •
OS FADE NOOS MAOE APES tag WAN MI M PYOSYATI0I1 0
Al.NL MOf4f NO
NOPPFOPATE0 NTO
RESOLUTION NUMBER 562 _2003
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS
APPROVING THE LIVABLE COMMUNIKEYS MASTER PLAN FOR
BIG PINE KEY AND NO NAME KEY AS THE POLICY DOCUMENT TO
DIRECT GROWTH AND DEVELOPMENT OF BIG PINE KEY AND NO
NAME KEY.
WHEREAS, Policy 101.20.1 of the Year 2010 Comprehensive Plan directs Monroe
County to develop a series of Community Master Plans which shall include specific criteria,
including close coordination with other community plans ongoing in the same area;and
WHEREAS, the Monroe County Year 2010 Comprehensive Plan Objective 101.20
outlines the Livable CommuniKeys as a planning program which is to address community needs
while balancing the needs of all of Monroe County,and
WHEREAS, Big Pine Key has had a moratorium on all traffic generating development
since March 13, 1995 due to an inadequate level of service (LOS) on the Big Pine segment of
U.S. I which did not meet the concurrency requirements set forth in Policy 301.1.2 of the Year
2010 Comprehensive Plan;and
WHEREAS, Road improvements must be made in order to improve the LOS on Big
Pine Key, however the US Fish and Wildlife Service(USFWS)requires a Habitat Conservation
Plan (HCP) to be completed to show that any development must minimize impacts to the
endangered species before any further development may be permitted;and
WHEREAS,on October 26, 1998,the U.S. Fish and Wildlife Service(USFWS),Florida
Game and Fish Commission, the Florida Department of Community Affairs (FDAC), Florida
Department of Transportation and Monroe County entered into a Memorandum of Agreement
for the development of a Habitat Conservation Plan(HCP)for Big Pine and No Name Keys;and
WHEREAS, the HCP is a mechanism whereby the concerns and responsibilities of the
various public agencies with regard to the conservation of the Key Deer and other covered
species, and public and private development of Big Pine and No Name Keys can be coordinated;
and
WHEREAS, both the HCP and the LCP have been developed in conjunction with one
another to balance the amount and type of development the community desired, and the
subsequent level of 'take' of endangered species which may be necessary to accomplish the
development; and
WHEREAS, in order to obtain an assessment of community needs, three public
workshops for the Livable CommuniKeys Program(LCP)were held on April 6,2000;May 25,
kaly
Page t of 3
`►
2000; and September 21", 2000 on Big Pine and an additional three public workshops
were held for the HCP;and
WHEREAS, as a result of public input from the LCP workshops, the Development
Alternatives Report (DAR) was produced on March 6, 2001 which outlined preferred
development options to be considered in the master plan which reflect input received from the
community workshops and were analyzed in the HCP computer model to determine impacts on
the endangered species;and
WHEREAS,the HCP was approved for submittal to the USFWS by the Board of County
Commissioners at the regularly scheduled meeting on March 19,2003;and
WHEREAS, the LCP implements the HCP as well as provides for the development
needs of the community;and
WHEREAS,the Livable CommuniKeys Master Plan, Draft One was reviewed during a
regularly scheduled meeting of the Development Review Committee held on May 20, 2003,
where public comment was received;and
c _ WHEREAS,during a regularly scheduled meeting on June 11,2003,the Monroe County
Planning Commission reviewed the Livable CommuniKeys Master Plan, Draft Two, which
consisted of edits by staff to clarify language in the plan, heard public input, suggested changes
based on public input and staff recommendations and continued the plan to the next meeting in
Marathon;and
WHEREAS,during a regularly scheduled meeting on July 9, 2003, the Monroe County
Plarming Commission reviewed the Livable CommuniKeys Master Plan, Draft Two, discussed
proposed changes based on further community input and staff recommendations and continued
the plan to the next meeting in Marathon for further consideration;and
WHEREAS, during a regularly scheduled meeting on September 10, 2003, the Monroe
County Planning Commission reviewed the Livable Conununilceys Master Plan, Draft Three,
accepted the proposed changes from the previous meeting and suggestions from public input and
recommended further changes by staff;and
WHEREAS, during the September meeting the Planning Commission recommended
approval,with amendments,to the Board of County Commissioners;and
WHEREAS, the Livable CommuniKeys Master Plan contains recommendations to
amend the Future Land Use and Land Use District maps for Big Pine Key and No Name Key
which will be presented to the Commission at a subsequent hearing; NOW THEREFORE,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the preceding findings support their decision to
recommend APPROVAL to adopt the Livable CommuniKeys Master Plan for Big Pine and No
411,
Page 2 of 3
`.
Name Key,Draft Four,as the working regulatory document to direct growth and development on
the islands with the following amendments and direct staff to make the changes to the Monroe
County Year 2010 Comprehensive Plan and Land Development Regulations as recommended in
the Master Plan:
1. Change the Tier designation of the property known as Seacamp from Tier Ito Tier III
on the map on page 28.
2. Amend Action Item 8.1.1 c. on page 58 to read as follows: "Permit new fences on
developed canal lots and vacant canal lots that are contiguous to and serve a principal
use within Tier II and Tier III and within Port Pine Heights and Kyle Dyer
Subdivisions. All fences shall be designed to meet adopted fence design guidelines for
the planning area already contained in the land development regulations.'
3. Add Action Item 122.4 which shall read "Prohibit new formula retail businesses and
restaurants in the planning area through the development of Land Development
Regulations.,,
PASSED AND ADOPTED By the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 17th day of December,2003. 3 cry .�
Mayor Murray Nelson s z,�le- rn
Sir Mayor Pro Tem David P.Rice yes 5c-
Commissioner George Neugent yes oAc+'— r.
Commissioner Dixie Spehar yes z. o
Commissioner Charles"Sonny'McCoy K-"=•
I o
(SAO
BOARD OF COUNTY COMMISSIONERS
Attest:Danny L. Ihage,Clerk OF MONKNE CO1�NTY,FLQRIDA
By '�/'� f
LC
Depr Clerk Mayor
MONROE COUNTY ATTORNEY
P To FORM:
sik
RO:e• '.WOLFE
CHIEF I}38 .i f2N IITY ATTORNEY
qa / • 7
411/
Page 3 of 3
Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004
tf/A' %.t••able communiI(eys Program
Big Pine Key and No Name Key
Tier Map
•
•
•
•
41107 _
wises"
Legend 11fonroe County
' Tier 1 Planning and Environmental
Resources Department
Tier 2
'ms ms o a awares crow;c.w.m am.aam a.�o,y,.e
- ..y n.ar.....a....a
Tier 3 4Rbmdma papas.arch nettlam
cn..r dai&mm idamalm
Figure 2.1 Tier designations on Big Pine Key and No Name Key.
4ble Land Use and Redevelopment Element 28
•
1 i
STATE Of FLORIDA '
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
CHARLIE CRIST THDMAS G.PELHAM
Governor Secretary
ea.r •
f�:( ir'. . t
July 7, 2010 14 2010
N71.7....
Ms. Sandra Walters,Principal
Sandra Walters Consultants, Inc.
6410 Fifth Street, Suite 3
Key West, Florida 33040
Re: Status of Seacamp tier mapping
Dear Ms. Walters:
Thank you for your letter dated June 2, 2010 regarding the status of Seacamp tier
mapping. Your letter indicates that a scrivener's error was made when the Livable Communikeys
(LCP)Tier Map for Big Pine included some, but not all, of the parcels owned by Seacamp as
Tier 3. Seacamp owns 11 parcels located on a peninsula on the West side of Big Pine Key. Of
the I I parcels, the largest parcel at the southernmost tip of the peninsula(parcel 00247000-
6000000)and the location of the existing development is currently designated Tier III.The
remaining parcels are listed in the current Tier map as Tier I. In order to change the tier
designation of the remaining parcels, it will be necessary for the county to conduct a public
hearing to rezone the remaining parcels and render the rezoning to the Department. A map of
Seacamp ownership has been included as Attachment 1 for clarity.
In reviewing our records, staff observed that Monroe County adopted the Livable
Communikeys Plan(LCP)for Big Pine Key along with a Habitat Conservation Plan(HCP)that
resulted in the issuance of an Incidental Take Permit by US Fish and Wildlife Services(USFWS)
to allow continued development at Big Pine Key. The LCP and the HCP incorporated tier maps
which designated land as Tier I, II or II.
Our research indicates that on December 17,2003 the Board of County Commissioners
(BOCC)approved resolution 562-2003 which directed staff to"change the Tier designation of
the property known as Seacamp from Tier Ito Tier HI on the map on page 28"(attachment 2
Tier map ofLCP). The meeting minutes support board direction to make map revisions and to
designate Seacamp Tier III, however,only one Seacamp parcel was designated Tier ILL The
board resolution did not specify which parcels should be changed and no real estate numbers
were reflected in the minutes. According to Department records,both the HCP tier map
(attachment 3)and LCP tier map designate 10 Seacamp parcels as Tier I with parcel 00247000-
2151 SHUMARD OAK BOULEVARD • TALLAHASSEE, FL 32319•2100
850.486-6468 (p) • 850-921-0781 (t) • Wa bslle: www.Cca slaleal.Ds -
• COMMUNRY RANMNS 85O4S&J5a 01 MD4M4® , FLORIDA commas TRwiT eew .vo? l MDW1-1747 ri) •
• HOUNNO WD COMMINRY DEVELOPMENT &SWML]MO M a500235670 11) •
•
411/
Ms. Sandra Walters,Principal
July 7, 2010
Page 2
000000 designated Tier IB on both maps. In addition,the text on page 48 of the LCP references
all of the institutional uses on Big Pine Key and their associated tier designation and classifies
Seacamp as Tier I.
While Seacamp is designated Institutional on the Future Land Use Map,this Future Land
Use Map designation does not have an associated zoning district(Policy 101.4.21), and Seacamp
is inconsistently designated Mixed—Use on the zoning district map. The Department
` recommends that the County create a new Institutional zoning district that describes the types of
activities that have traditionally been approved for this use such as educational centers, marine
education, summer camps, scout facilities, etc. The zoning map for the Seacamp parcels land
use zoning designation needs to be revised at the same time. The zoning map for the Seacamp
"/ parcels land use zoning designation needs to be revised at the same time. The Institutional
Future Land Use Map designation allows student and employee housing(Policy 101.4.10), but
j has an allocated density of 0 units per acre(Policy 101.4.21).
I recommend that you contact USFWS regarding this issue. Attachment 5 of this letter
contains excerpts from the County's response to the Department's Objections,
Recommendations, and Comments Report. The attachment indicates that tier revisions must be
consistent with the comprehensive plan and the Habitat Conservation Plan. Some of the parcels
that need a tier revision contain red flag wetlands, and based on the most recent USFWS
biological opinion, may contain Marsh rabbit.habitat(Attachment 6). If additional information is
needed, please contact me at(850)922-1766.
Sincerely yours,
•
kCt
Rebecca Jetton
Areas of Critical State Concern Administrator
RJ/sl
Cc: Susan Grimley Monroe County
Townsley Swaub Monroe County
Enclosures:
Attachment I Seacamp Ownership
Attachment 2 LCP Tier Map
Attachment 3 HCP Tier Map
Attachment 4 LCP Page 48
Attachment 5 Monroe County CPA 04-1 ORC Response
�/ Attachment 6 Biological Opinion
• iMainp 010Avish p
4b.
247180
247170
247160
'247150 N .
247140 % 246950
4Ibr
.43 246960
VIG 246970
24699e 246980
41)
Linable ConmuutiKeps Master Plan fur Big Pine Kn �i CA*\C nit '2'
'I: till u. cable Commanii(eys Program
i. i Big Pine Key and No Name Key
f ' Tier Map
$ 9 I 7
s.�.
51 i
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Legend ;'--.., —. Am «cnr „,n�a
F;WIATies i 'x(,�1 finmring and EntNn lnneataII
ReSO/IrCes Denarmtent 1
Tier
01111 Tier 3 ..........w.....r.....4..h....e.. : I
Figure 2.1 Tier designations on Big Pine Key and No Name Key.
Land Use and Redevelopment Element 28
`► Aifn. OW 7"3
Big Pine Key :`. -=
,c Name Key
n \ ,
`O ) Feel
Fi g ire 2 O. Tier classiLicat en * :;em n: IIi pr.•ea:rrs
41
. •
ArrAChinell± if
Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004
GOAL
Maintain the viability of exi3ting community organi-
zations by providing opportunities for limited rede-
velopment and expansion.
Current Conditions Summary
The LCP/HCP process sought to ensure that existing community organizations could remain vi='
able and expand according to their needs within existing zoning limitations. Table 2.7 lists these
organizations.
Table 2.7 Institutional uses located on Big Pine Key. e
C1N¢ Parcel Zoning . ::Tier :
Cl
'on's'anti 108770 NA 1 ~
ower Keys Property Owners 309070 IS
2
• loose Club 111070
k SR 1
�- Religious '
St.Francis 110040 NA
l ".
Lord of the Seas 111074.068 NA 1
Big Pine Baptist 111470 SR 3
Big Pine Methodist - 111450 SR
3_
Vineyard Christian 111170 SR
St.Peter's 110400 SC 3
Other -
Memorial Gardens Cemetery 110830.0001 I 3
Big Pine Neighborhood Charter School 111420.0023 SC 3
✓ Seecantp 247000 MU 1
Source:Monroe County Planning and Environmental Resources Department
All of these institutional uses have been existing for at least 20 years and no new uses are antici-
pated at present. A number of these institutions have expressed an interest in redevelopment of
existing square footage ora limited expansion to better serve the needs of the present population.
Analysis of Community Needs
Plan for Future Community Organization Needs
The existing community organizations in the planning area have been identified. Some have
built their current land ownership to capacity while others have expressed a desire to expand.
411/ The permitted action under the HCP will allow for a limited amount of expansion needs. For the
remaining facilities there is a need to define the future potential for expansion and maintain
flexibility so that future requests can be handled.
Land Use and Redevelopment Element 48
A74t S
• DCA ORC and County Action/Response
1. DCA:Policy 101.20.2 was created to incorporate the Big Pine Key and No Name Key
Master Plan into the 2010 Comprehensive Plan,the DCA recommends that additional
language be added to clarify the date of the plan and that the Strategies are equivalent
to Objectives and Action Items are equivalent to Policies.
Action/Response:
Amend Policy 101.20.2 to read:
Policy 101.20.2
The Community Master Plans shall be incorporated into the 2010 Comprehensive
Plan as a part of the plan and be implemented as part of the Comprehensive Plan.
The following Community Master Plans have been competed in accordance with
the principals outlined in this section and adopted by the Board of County
Commissioners:
I. Master Plan for Future Development of Big Pine Key and No Name Key,
dated August 2004 and adopted by the Board of County Commissioners oq
August 18. 2004 is incorporated by reference into the 2010 Comprehensive
- - Plan. The term Strategies in the Master Plan is equivalent to the tar;
Objectives in the Comprehensive Plan and the term Action Item is equivalent
• Io the term Policy: the meanings and requirements for implementation are
synonymous.
2. =A: Action Item 3.1.5 allows employee housing allocations and transfers in Tier I
for Institutional Land Uses, this is internally inconsistent with Action Item 3.1.6
which prohibits transfers into Tier L
Action/Response:
The two items are not inconsistent,3.1.5 refers to allocations and 3.1.6 refers to transfers
of residential exemptions. However the staff agrees that Action Item 3.1.5 should be
deleted. This item was included in the Plan by the Planning Commission to provide a
method for Seacamp on Big Pine Key to construct employee housing on their site. With
the change of the Seacamp designation to Tier BI,Action Item 3.1.5 is no longer needed.
• Delete Action Item 3.1.5
3. DCA:The process and criteria for designating and amending Tiers should be detailed
in the Master Plan for Big Pine Key and No Name Key.
Action/Response'
The requirement for designating Tiers is defined in Goal 105 of the 2010 Comprehensive
• Plan.Policy 105.2.1 defines Natural Area(Tier I)as an area where all or a portion of the
till
land area is characterized as environmentally sensitive by the policies of this Plan and
Page2
• applicable habitat conservation plan. The HCP was being developed at the same time
Goal 105 was adopted.This language was included to assure that the results of the HCP
will be utilized in designating the Tiers.
Policy 105.2.2 requires that the Tier maps be incorporated as an overlay on the zoning
maps 'verb supporting text Amendments in the Land Development Regulations. Adopting
the Tiers as an overlay zone limits any Tier amendments to the process in Sec.9.5-511 of
the LDRa, including review by the DCA. Any changes to the over-lay designation will
require consistency with the Comprehensive Plan,the Big Pine Key and No Name Key
Master Plan and the Habitat Conservation Plan.
• No change is needed or recommended to the Master Plan.
4. DCA: The County deletion of Policy 103.1.1 of the 2010 Comprehensive Plan
removes the requirements to limit new commercial uses to ones that generate less
than 100 trips per 1000 square feet and to uses that do not attract trips from off the
island. DCA is concerned that by deleting this section and using the trip generation
table in the Habitat Conservation Plan for Big Pine Key and No Name Key that
protection of the Key Deer is compromised.Additional data and analysis is requested
to address the issues sited above.
• In addition the DCA wants the trip generating factor for "motels" included in the
Master Plan and a better definition for"high intensity"in Action Item 4.1.8.
Action/Response
Monroe County, the DCA and the Florida Department of Transportation's objectives in
developing the HCP were to allow limited additional development activities while
ensuring that future development does not have a negative impact on covered species
habitat, to limit the increase of human related mortality of the Key deer and Lower Keys
marsh rabbit to a level that would make Quasi Extinction unlikely, and to keep secondary
impacts to the marsh rabbit to current levels or below. (Page I, Executive Summary,
Habitat Conservation Plan for Florida Kev Deer and other Protected Species on Big Pine
Key and No Name Key.Monroe County Florida,revised January 2004.)
• Extensive studies were undertaken, at considerable expense, to prepare the HCP,
including identifying relative impacts and developing minimization and mitigation
actions. The data and analysis requested by the DCA is already complete within
the HCP. The HCP was a requirement in Policy 301.7.3 of the 2010
Comprehensive Plan to address the need for traffic improvements to US #1. The
"H"values for every parcel on the islands used in the HCP and the Plan consider
both loss of habitat and potential take of the listed species due to traffic incidents.
The values in Table 2.[adjusts the impacts for various trip generation
characteristics of the different commercial uses. The HCP for Big Pine Key and
• No Name Key is referenced as the analysis, data and technical support of the
County position.
_ _. Page3
114'hi eolAent fo
fit. Seacamp 2010 Biological Opinion
‘11cl
.� -
441,4*
_ _
egend
Parcel_Poly
ghrDRAFT_marsh_rabbit_focus_area
DRAFT key deer_focus_area
Milledge Law Offices
Allan Milledge.PA
0 3240 CORPORATE WAY
MIRAMAR, FL 39025
954-3a5-0065
�(/ 954-385-0066 FAX
L 5759 JOHNAC FL
FLAGLER BEACH, FL 32136
368-673-6924
3E16-677-7119 FAR
milledgelawoaol.com
July 29,2010
Rebecca Jetton
Area of Critical State Concern Administrator
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee,FL 32399-2100
Re: Status of Seacamp tier mapping
Dear Ms.Jetton;
Thank you for your letter of July 7,2010 to Seacamp consultant Sandra Walters with SWC regarding the
above. I respond to your letter as longtime counsel for Seacamp Association,Inc.
c _We appreciate your diligent efforts and those of your staff in assembling the materials which accompany
your letter and in your attempt to make sense out of the multiple components and processes which
comprise the Monroe County land use regulatory maze. We would like to address some of your
comments,and do so below in the approximate order raised in your letter.
1. You note in your second paragraph that'The LCP and the HCP incorporated tier maps which
designated land as Tier I,11 or III." However,you neglect to mention that the HCP also designated
lands as"Private Developed Lands." If you examine Figure 2.6 of the HCP(your Attachment 3),that
is the designation of the end of the Big Pine Key southwest peninsula which applies to Seacamp. As
we mentioned in our request to the County to correct this scrivener's error,the primary author of the
HCP,Dr.Ricardo Calvo,told us during a teleconference in Comm.Neugent's office that changing
Seacamp from Tier I to Tier III in the LCP would have no effect whatsoever on the HCP,as it was
not designated a tier in the HCP because it is"Private Developed Lands."
2. As you document so well in your letter,the Seacamp property,your Attachment 1,was designated
Tier III by the County Commission on December 17,2003. Although the Big Pine Key and No
Name Key Tier Map,your Attachment 2,is very general,it is not inconsistent with the Tier III
designation by the County Commission for"the property known as Seacamp." All of the property
shown on your Attachment 1 was owned and used by Seacamp on December 17,2003 and was"the
property known as SPRramp"as referenced by the County Commission. All County Commissioners,
Planners and the Growth Management Department received copies of the plat map for iho entire
Seacamp property/contiguous lots and were briefed by our staff as to the"entire property known as
Seacamp." The Attachment 2 map does not designate land by lot number nor does it divide Seacamp
into part Tier BI and part Tier I by any other designation.
3. The zoning for all of the lots that comprise Seacamp since County adoption of the 1986
comprehensive plan and associated land development regulations has been Mixed Use(MU),which
41110 allows all of the uses including housing for campers and staff,food service,marina operations and
maintenance facilities(please see Sec.9.5-248,Monroe County Code). All these uses have been
needed since we started Seacamp in 1966. They are indeed areas of operation that are typical of most
residential camps for children. The County has never sought to constrain those usages and has
supported the addition of new employee housing and the addition of more educational and conference
space and facilities.
The inconsistency is not in the Institutional Future Land Use Map designation,which specifically
states that,"...Related residential and non-residential uses,including student and employee housing
shall be allowed'(Policy 1014.10,Monroe County Comprehensive Plan,emphasis added). Nor is it
on its face inconsistent for Seacamp to have been designated Mixed Use zoning,as the Future Land
Use Densities and Intensities table(Policy 101.4.21)states under Institutional that there is"no
directly corresponding zoning." The problem lies in the fact that this table is directly contradictory to
the purpose of the Institutional land use category by not allocating residential density. This is clearly
a mistake that must be corrected,as the purpose is in unequivocal language.
4. The Livable CommuniKeys Plan for Big Pine Key and No Name Key,your Attachment 4,reflects
Seacamp's mixed use zoning(MU)correctly but incorrectly lists Seacamp as Tier I instead of Tier
III. This mistake is in the category of a scrivener's error which the County is prepared to correct. I
would note that your Attachment 4 does not say that Seacamp is part Tier I and part Tier Ill,it says
only"Tier I"when it should have said"Tier IR."
Thank you very much for your kind assistance in these matters.
Sinrrc��erely, XVQattc
Allan Milledge
Attorney for Seacamp Association,Inc.
Cc: Irene Hooper,Seacamp executive director
Sandra Walters,SWC
Christine Hurley,Monroe County
Susan Orinisley,Monroe County
Townsley Schwab,Monroe County
Monroe County Comprehensive Plan Update
CPO
The USFWS prepared a recovery plan for the Key Largo wood rat (USFWS, 1999). Despite
the protected status of this habitat, the status of the Key Largo woodrat remains precarious
due to habitat fragementation and the effects of hurricanes. According to the recovery plan
for the species (USFWS, 1999), surveys of woodrats on Northern Key Largo in 1997 and
1998 trapped only 6 and 7 animals in 1997 and 1998, respectively, after 1,500 trap nights
of effort. McCleery (2003) estimated the current population to be between 26 and 106
individuals. He modeled the populations using demographic parameters and projected a
high risk of extinction. Current threats to the Key Largo woodrat include predation by feral
and domestic cats, predation by exotic fire ants, and random environmental events such as
fires and hurricanes. The County LDRs and ROGO/NROGO protects tropical hardwood
habitat, which is generally located in lands protected by the Tier Overlay System [see
Section 3.19.8 (Protection of Threatened and Endangered Species, including the Habitat
Conservation Plan (HCP) for Big Pine Key and No Name Key)]. These lands are generally
the same as those inhabited by the Key Largo wood rat. Because of these protections, the
threat of future habitat loss from development on North Key Largo is low.
3.13.18 Key Deer(Odocoileus virginianus claviurn)
3.13.18,1 Status. Distribution. and Habitat Description
The key deer is a distinct geographical race of Virginia white-tailed deer that is endemic to
41111/ the Lower Keys. Historically,the key deer ranged from Key West to Duck Key(Barbour and
Allen, 1982,as cited in USFWS, 1999). At present,the permanent population is centered on
Big Pine Key and No Name Key with the range extending to Big Torch, Middle Torch,
Cudjoe, Howe,Summerland, Little Pine Island,and Sugarloaf Keys.
The key deer utilizes almost all habitats and vegetation communities within its range. It
feeds primarily in slash pinelands, mangroves, and transitional habitats. It obtains water
from freshwater wetlands and solution holes. It gives birth to fawns in tropical hardwood
hammocks. Silvy (1975) found that the deer preferentially utilize slash pinelands and
tropical hardwood hammocks compared to other available habitat types, but they use
virtually all available habitats in their range (Lopez, 2001). The deer will also feed and
travel through open disturbed and moderately developed areas (USFWS, 1999; Monroe
County et al., 2006).
The geographic distribution of the key deer is closely tied to the availability and suitability
of habitat. At present, approximately two-thirds of the population is concentrated in the
Big Pine Key/No Name Key area. The remaining one-third of the population, which is also
reproductively active, lives outside the area of concentration (Monroe County et al., 2006).
Two habitat requirements account for this distribution. First, key deer require a year-
round supply of fresh drinking water,which is a critical factor in their distribution (Monroe
County et al., 2006). Big Pine Key and No Name Key have relatively abundant freshwater
wetlands and solution holes that are fresh year-round. Second, key deer show a marked
preference to feed in freshly burned slash pinelands, where there are abundant foodstuffs
at a level they can reach (USFWS, 1999). Big Pine Key and No Name Key again provide the
Conservation and Coastal Management 177 Technical Document: July 2011
Monroe County Comprehensive Plan Update
greatest acreage of slash pineland habitat. Key Deer swim between islands, and there is
evidence that the Big Pine/No Name Key population migrates to various smaller, outlying
islands to feed during the wet season when rainwater has collected, returning to the large
islands during the dry season.
The population trends of the key deer reflect their vulnerability to human impacts. The
natural reproductive rate of key deer is low (USFWS, 1999; Monroe County et al., 2006;
USFWS, 2006), meaning that any population recovery following a decline would be slow.
Lopez (2001) studied the ecology and population dynamics of the key deer for three years.
He followed the movement, habitat utilization, and fate of over 200 deer using radio-
telemetry and census procedures. The study produced a Population Viability Analysis
model to evaluate the impacts of development scenarios on the key deer population. The
model is a tool to evaluate the likelihood that the species will persist for a given time into
the future under different scenarios. The unit of impact in the model was termed "H" and
can be applied to any type of development activity.
3.13.18.2 Reasons for Decline and Recovery Activities for the Key Deer
Several factors have contributed to the decline in populations of the key deer (USFWS,
1999). These include the following:
4111/ • Destruction or modification of habitat
o loss and restriction of habitat caused by development,primarily on Big Pine Key
o installation of fencing on private property
• Predation and/destruction
o highway mortality(particularly along U.S. 1 and Key Deer Boulevard)
o free-roaming domestic pets, especially domestic cats on young deer
o poaching
o accidental drowning of fawns in mosquito control ditches
o entanglement in fencing
• Activities altering distribution and behavior
o hand feeding resulting in loss of fear for man and vehicles
• Potential modification of habitat
o reduction in availability and/or contamination of freshwater resources
The USFWS (1999) has identified three primary objectives for recovery of the key deer:
• to prevent extinction or irreversible decline of the species in the foreseeable future;
• to prevent significant negative impacts short of extinction; and
• to provide for full recovery of the species.
Both the "Key Deer Recovery Plan" (USFWS, 1999) and the "Habitat Conservation Plan for
Florida Key Deer' (Monroe County et al., 2006) identify land acquisition as the single most
important management strategy that would significantly contribute to the successful
maintenance of the key deer in its natural environment. Approximately 69 percent of the
Conservation and Coastal Management 178 Technical Document: July 2011
Monroe County Comprehensive Plan Update
461,
land on Big Pine Key and No Name Key is in public ownership of which 66 percent is
managed for conservation. The main landowner is the Federal government with 55
percent,all of which is within the National Key Deer Refuge. The National Key Deer Refuge
was established on August 22, 1957 to protect and conserve key deer and other wildlife
resources. It comprises nearly 8,983 acres of land on several islands within the refuge, as
well as additional parcels located outside the boundary administered by the refuge. The
USFWS owns 52 percent of Big Pine Key and 71 percent of No Name Key. The State of
Florida purchases land under the Florida Forever program,which is administered by FDEP.
State-owned lands within the project area include the Coupon Bight Aquatic Preserve and
Preserve Buffer Lands and lands within the Coupon Bight/Key Deer CARL project area. The
Monroe County Land Authority (MCLA) purchases a wide variety of vacant lands as
directed in the Monroe County Comprehensive Plan (Monroe County et al., 2006).
The USFWS prepared a management plan for the Lower Florida Keys National Wildlife
Refuges: National Key Deer Refuge; Key West National Wildlife Refuge; and Great White
Heron National Wildlife Refuge (USFWS,2008). The refuge complex is managed as a whole
with administrative headquarters at National Key Deer Refuge on Big Pine Key. The FDEP
Office of Coastal and Aquatic Managed Areas manages State-owned lands within the
Coupon Bight Aquatic Preserve and Preserve Buffer, whereas the USFWS manages State-
owned lands within the Coupon Bight/Key Deer CARL project area under an existing lease
agreement. State-owned lands (purchased by the State with Florida Forever funds) outside
of the USFWS and FDEP management boundaries are managed by the County Land
Steward. The Land Steward also manages County-owned conservation lands which were
acquired through ROGO dedications or purchased by the MCLA. Habitat management of
County lands started Keys-wide during FY 2002-2003.
The HCP for Big Pine Key and No Name Key was implemented to address the "incidental
take" of key deer based on a population viability model. An Incidental Take Permit (No.
TE083411-0) was issued by USFWS in conjunction with the completion of the HCP. The
HCP was developed with a measurable goal to ensure development does not take place in
prime key deer habitat. The conservation program focuses on avoidance and minimization
strategies and habitat mitigation based on replacing lost habitat value and protection and
management of acquired habitat.
The key deer herd has increased substantially over the past 40 years, due principally to a
ban on hunting and from protection and management of habitat within the National Key
Deer Refuge. The population is at or near historical highs and has remained stable since
2003. Road mortality represents the largest known source of documented key deer
mortality (Lopez, 2001), and a crossing constructed by FDOT along U.S. 1 has reduced road
mortalities. Braden et al. (2008) found that key deer-vehicle collisions were reduced by 94
percent inside the fenced segment.
gibir
Conservation and Coastal Management 179 Technical Document: fuly 2011
Monroe County Comprehensive Plan Update
3.13.19 Silver Rice Rat(Oryzomys argentatus)
3.13.19.1 Status. Distribution.and Habitat Description
The silver rice rat is an endemic species of the Lower Keys discovered in the 1970s (Spitzer
et al., 1978). The silver rice rat occurs on twelve islands in the Lower Keys: Big Pine, Little
Pine, Howe, Water, Middle Torch, Big Torch, Summerland, Raccoon, Johnston, Cudjoe,
Upper Sugarloaf, and Saddlebunch Keys. Based on the availability of suitable habitat and
proximity to existing populations,the silver rice rat may also occur on several other islands
in the Lower Keys, including but not limited to, Little Torch and Ramrod. Critical habitat
for the silver rice rat includes Little Pine Key; Water Keys; Big Torch Key; Middle Torch
Key; Summerland Key north of U.S. 1; Johnston Key; Raccoon Key; and Lower Saddlebunch
Keys south of U.S. 1,but not including lands in Township 675, Range 27E, section 8 and the
northern 1/5 of section 17. All lands and waters above mean low tide are included in this
designation (50 CFR 17.95; USFWS, 2006). The major constituents of this critical habitat
that require special management considerations or protection are:
• Mangrove swamps containing Red Mangrove (Rhizophora mangle), Black Mangrove
(Avicennia germinans), White Mangrove (Laguncularia racemosa), and Buttonwood
(Conocarpus erectus);
• Salt marshes, swales, and adjacent transitional wetlands containing Saltwort (Basis
ihr maritima), Glasswort (Salicornia virginica), Saltgrass (Distichlis spicata), Sea Ox-eye
Daisy (Borrichia frutescens), Key Grass (Monanthochloe timorous), and Smutgrass
(Sporobolus virginicus); and
• Freshwater marshes containing Cattails (Typha domingensis), Sawgrass (Cladium
jamaicense), and Cordgrass (Spartina spp.; USFWS, 2006).
The silver rice rat is a wetland-dependent species. It was first discovered in a freshwater
marsh on Cudjoe Key in 1973 (USFWS, 2006). The other known populations are all in
saltwater wetlands that include mangroves and saltmarsh and buttonwood wetlands. It
has never been found in areas of exclusive mangroves (Spitzer, 1983). The rice rat feeds in
all these zones and nests in the saltmarsh and buttonwood zones in tussocks of
Sporobolus/Distichilis (Spitzer, 1983). It may obtain freshwater by entering crab holes in
the highest buttonwood zone which penetrate the underlying fresh/brackish water lens
(Spitzer, 1983). Thus, most of the known populations are dependent upon wetland habitat
containing the typical gradient from intertidal red mangrove to the saltmarsh and
buttonwood wetlands.
The silver rice rat utilizes a large home range compared to that of other rodents (Spitzer,
1983). It is unlikely that the species or its habitat was ever abundant in the Lower Keys
due to its habitat specificity and low population densities (USFWS, 1999). The silver rice
rat population has apparently remained stable throughout its range in recent years. The
best available species population size is 5,000-20,000 individuals (USFWS, 2006). Of the
8,645 acres of critical habitat, 6,712 acres are in public ownership (77.6 percent). Ninety-
Conservation and Coastal Management 180 Technical Document, Iul 2011
Monroe County Comprehensive Plan Update
seven percent of critical habitat and its constituent components remain intact (USFWS,
2006).
3.13.19.2 Reasons for Decline and Recovery Activities for the Silver Rice Rat
The USFWS has completed a recovery plan for the silver rice rat(USFWS, 1999). The main
threat to the species is residential and commercial activities, habitat loss and the
introduction or increase in non-native predators. Other threats include habitat
fragmentation and an increase in the densities of black rats and domestic cats.
A large amount of habitat for the silver rice rat is contained in the National Key Deer
Refuge. Although the refuge is managed primarily for key deer, the habitat requirements
and biological needs of the species do not conflict. The HCP for Big Pine Key and No Name
Key was implemented to protect the Florida key deer as well as other rare species. The
County's LDR and ROGO/NROGO protects the habitat for the silver rice rat, which is
generally located in lands protected by the Tier Overlay System [see Section 3.19.8
(Protection of Threatened and Endangered Species, including the Habitat Conservation
Plan (HCP) for Big Pine Key and No Name Key)]. Permits issued by the USACE that may
affect the silver rice rat or areas within silver rice rat critical habitat require Endangered
Species Action Section 7 consultation with the USFWS. Avoidance and minimization
( measures would be required prior to permit issuance by the SFWMD and/or the FDEP.
3.13.20 Key Largo Cotton Mouse (Peromyscusgossypinus allapaticola)
3.13.20.1 Status. Distribution, and Habitat Description
The Key Largo cotton mouse is an endemic subspecies of cotton mouse that inhabits Key
Largo. Historically, it occurred within hardwood hammock forests throughout Key Largo.
Today it is restricted to the northern portion of the island (Brown, 1978; Barbour and
Humphrey, 1982; USFWS, 1999). A few cotton mice were introduced onto Lignumvitae Key
in 1970, but there have been no studies to determine if the animal is still present (Brown,
1978). Information on its current status is unavailable (USFWS, 2006). The Key Largo
cotton mouse inhabits only tropical hardwood hammocks, to the exclusion of all other
vegetation communities and is dependent upon mature tropical hardwood hammocks
(Brown 1978; Barbour and Humphrey, 1982). The range of the cotton mouse on Key Largo
is not completely known due to its nocturnal habits, small size, and lack of conspicuous
nests.
3.13.20.2 Reasons for Decline and Recovery Activities for the Rev Largo Cotton
Mouse
The status of the cotton mouse is not known with certainty because no recent detailed
survey information is available. Threats by domestic and feral cats are a concern for long-
term viability. Other threats include predation by exotic fire ants, and random
environmental events such as fires and hurricanes. The USFWS has prepared a recovery
Conservation and Coastal Management 181 Technical Document July 2011
Monroe County Comprehensive Plan Update
46,
plan for the Key Largo cotton mouse (USFWS, 1999). The Key Largo cotton mouse shares
habitat with the endangered Key Largo woodrat and the same threats are causes of concern
for both species. Much more is known about the Key Largo woodrat and, given its
precarious condition; it is possible the overall condition of Key Largo cotton mouse may
have deteriorated as well(USFWS,2006).
The remaining population for the Key Largo Cotton Mouse is protected in the Key Largo
Hammock State Botanical Site, which is managed for conservation. The County's LDR and
ROGO/NROGO protects the habitat for the Key Largo Cotton Mouse, which is generally
located in lands protected by the Tier Overlay System [see Section 3.19.8 (Protection of
Threatened and Endangered Species, including the Habitat Conservation Plan (HCP) for Big
Pine Key and No Name Key)]. For the long term, the threat of occupied habitat loss from
development on North Key Largo is low.
3.13.21 Lower Keys Marsh Rabbit(Sylvilagus palustris heftier!)
3.13.21,1 Status, Distribution. and Habitat Description
The lower keys rabbit is a subspecies of the marsh rabbit (Sylvilagus palustris hefneri) and
differs from the upper keys subspecies (Sylvilagus palustris paludicola). lower keys marsh
rabbits inhabit tidal, brackish, upland, and freshwater environments. Herbaceous cover is
a dominant feature within lower keys marsh rabbit home ranges. This herbaceous cover is
a mixture of grasses, sedges, and forbs. Such ground cover provides shelter as well as
critical foods and nesting sites.
The majority of suitable habitat area lies in a transitional zone between marine
environments and uplands. Cover types that provide habitat include salt marsh, coastal
prairie, coastal beach berms, buttonwood (Conocarpus erectus) woodlands, and salt marsh-
buttonwood transition areas. They also use freshwater wetlands. Lower keys marsh
rabbits often include areas of mangrove [red mangrove, black mangrove, and white
mangrove (Laguncularia racemosa)] woodlands within their home ranges, and regularly
pass through mangrove when traveling between the other habitats. Similarly, data from
recent studies suggests that the species may range into the edges of pinelands and other
upland habitats (USFWS, 2006). Freshwater marshes are limited in the lower keys, since
mangroves occupy many coastal areas, and interior freshwater habitat is scarce.
3.13:21.2 Reasons for Decline and Recovery Activities for the Lower Keys Marsh
Rabbit
The USFWS has prepared a recovery plan for the lower keys marsh rabbit (USFWS, 1999).
The lower keys marsh rabbit occurs in many of the larger Lower Keys, including Sugarloaf,
Saddlebunch, Boca Chica, and Big Pine Keys, as well as in the small islands near these keys.
It probably occurred on all of the Lower Keys that supported suitable habitat but did not
occur east of the Seven-Mile Bridge, where it is replaced by Sylvilagus palustris paludicola.
E Known localities for the rabbit are on privately owned land, State-owned land, and federal
�t Conservation and Coastal Management 182 Technical Document: July 2011
Monroe County Comprehensive Plan Update
land within the National Key Deer Refuge and Key West Naval Air Station. Suitable habitat
for this species is highly fragmented across all of the Lower Keys (USFWS, 2006). No
critical habitat has been designated for this species.
The greatest threats to the continued existence of the lower keys marsh rabbit are
predation by cats, habitat loss and degradation, and hurricanes. Other threats include
contaminants, dumping and trash accumulation, poaching, fire ants, and exotic vegetation.
These threats not only directly affect the viability of local subpopulations, but also reduce
the probability of successful dispersal among the increasingly fragmented habitats.
Connectivity among suitable habitat patches is necessary for lower keys marsh rabbit
dispersal among patches (USFWS, 2006).
To address habitat loss and indirect effects (e.g., cat predation) associated with
development on Big Pine and No Name Keys, the USFWS issued an Incidental Take Permit
to the County, FDOT, and DCA. The take of these species will be incidental to land clearing
for development and recreational improvements. The HCP for Big Pine Key and No Name
Key was implemented to protect the Florida key deer as well as other protected species
under the plan, including the lower keys marsh rabbit. The County's LDR and
ROGO/NROGO protects privately-owned lands that contain the rabbit's habitat, which is
generally located in lands protected by the Tier Overlay System [see Section 3.19.8
(Protection of Threatened and Endangered Species, including the Habitat Conservation
Plan (HCP) for Big Pine Key and No Name Key)].
3.13.22 Florida Manatee(Trichechus manatus latirostris)
3.1322.1 Status. Distribution. and Habitat Description
The manatee inhabits coastal and riverine waters. It is found in Florida and occasionally in
Georgia and along the Caribbean coasts of Central and South America. The manatee is
herbivorous. In the Keys its primary food sources are seagrasses (Thalassia testudinum,
Syringodium filiforme, and Halodule wrightii). Manatees live along both coasts of Florida,
along the St Johns and other rivers, and occasionally in Lake Okeechobee and the
waterways leading to it from the Gulf and Atlantic (Hartman, 1978). Populations are
concentrated in the warmer waters of south Florida during the winter months of October
to April (Hartman, 1978). Warm water refuges have been identified throughout Florida
where manatee populations concentrate and these are located at outfalls from power
plains and natural warm-water springs; none are in the Florida Keys. Manatees are
occasionally found as far south as Key West.
3.13.22.2 Reasons for Decline and Recovery Activities for the Florida Manatee
Several factors have contributed to the decline in populations of the Florida manatee
(USFWS, 1999). Reasons for decline in the Florida Keys are summarized as follows:
4111,
Conservation and Coastal Management 183 Technical Document: July 2011
e per ,
ar
MONROE COUNTY PLANNING COMMISSION
RESOLUTION NO.P 39-11
A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION
RECOMMENDING TO THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS TRANSMITTAL TO THE STATE LAND PLANNING
AGENCY OF AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING THE LIVABLE COMMUNIKEYS
PROGRAM MASTER PLAN FOR FUTURE DEVELOPMENT OF BIG PINE
KEY AND NO NAME KEY, BY AMENDING THE TIER DESIGNATION AS
DIRECTED BY THE BOARD OF COUNTY COMMISSIONERS IN
RESOLUTION 562-2003, FOR PROPERTY OWNED BY SEACAMP, HAVING
REAL ESTATE NUMBERS 00246950-000000, 00246960-000000, 00246970-000000,
00246980-000000, 00246990-000000, 00247140-000000, 00247150-000000, 00247160-
000000, 00247170-000000,AND 00247180-000000)FROM TIER I TO TIER III ON
FIGURE 2.1 (TIER MAP FOR BIG PINE KEY AND NO NAME KEY), AND
AMENDING THE TIER DESIGNATION FOR THE SEACAMP PROPERTY,AS
LISTED IN TABLE 2.7,INSTITUTIONAL USES.
WHEREAS,the Monroe County Development Review Committee considered the proposed
amendment at a regularly scheduled meeting held on the 27th day of September,2011;and
WHEREAS, at a regularly scheduled meeting held on the 1" 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 makes the following findings:
1. Seacamp, a not-for-profit organization that provides marine education to children,
contacted Monroe County to notify County staff of a tier designation error for a portion of
the Seacamp property on Big Pine Key and requested a correction of the error. Seacamp's
property is located on approximately 12 acres of land located at the extreme southwest tip
of the island, at the end of Big Pine Avenue.
2. The Seacamp property consists of 13 real estate numbers: 00246950-000000, 00246960-
000000, 00246970-000000, 00246980-000000, 00246990-000000, 00247140-000000,
00247150-000000, 00247160-000000, 00247170-000000, 00247180-000000, 00112030-
000000, 00112040-000000, and 00247000-000000. Real estate numbers 00112030-000000
and 00112040-000000 are submerged lands. Real estate number 00247000-000000 is
File number 2011-IOC
Raolmion No.39.11
currently designated as Tier Ill. The remaining ten (10) real estate numbers have Tier I
designations.
3. Draft 1 of the Livable CommuniKeys Master Plan (LCP) for Big Pine Key and No Name
Key was reviewed at the May 20,2003,Development Review Committee meeting.
4. Draft 2 of the Livable CommuniKeys Master Plan (LCP) for Big Pine Key and No Name
Key was reviewed at the June 11, 2003, Planning Commission meeting and at the July 9,
2003,Planning Commission meeting.
5. Draft 3 of the Livable CommuniKeys Master Plan (LCP) for Big Pine Key and No Name
Key was reviewed at the September 10,2003, Planning Commission meeting.
6. Draft 4 of the Livable CommuniKeys Master Plan (LCP) for Big Pine Key and No Name
Key was reviewed at the December 17,2003,Board of County Commissioners meeting.
7. Resolution 562-2003, attached hereto as Exhibit 1, approved Draft 4 of the Livable
CommuniKeys Master Plan for Big Pine Key and No Name Key and directed staff to
change the tier designation for all of the property known as Seacamp from Tier Ito Tier III
on the map on Page 28.
8. The Board of County Commissioners passed Resolution 044-2004 on January 21, 2004, to
transmit the Livable CommuniKeys Master Plan (LCP) for Big Pine Key and No Name
Key as a proposed amendment to the 2010 Monroe County Comprehensive Plan to the
Department of Community Affairs which included the map as drawn incorrectly for
Seacamp, without the corrected designation for ten (10) parcels. The Department of
Community Affairs issued an Objections, Recommendations and Comments(ORC) Report
to Monroe County on lune 29,2004.
9. The Board of County Commissioners passed Ordinance 029-2004 on August 14, 2004, to
adopt the Livable CommuniKeys Master Plan (LCP) for Big Pine Key and No Name Key
as an amendment to the 2010 Comprehensive Plan, address issues raised in the ORC
Report, and to submit the amendment to the Department of Community Affairs. The
adopted amendment included the incorrect map without the Tier III designation for the ten
(10)parcels.
10.The amendment furthers the Principles for Guiding Development for the Florida Keys Area
of Critical State Concern.
NOW,THEREFORE,BE IT RESOLVED BY THE PLANNING COMMISSION OF
--MONROE COUNTY,FLORIDA:
[Amendments are presented in str+heHveugh to indicate deletions and underline to indicate
additions to text. All other words, characters, and language of this subsection remain un-
amended.]
The following amendment to the Livable CommuniKeys Master Plan for Big Pine Key and No
Name Key as adopted by reference into the Monroe County 2010 Comprehensive Plan is
File number 2011-104
Resolution No.39.1 l
2
recommended for transmittal to the State Land Planning Agency and adoption by the Board of
County Commissioners as follows:
(1) Amending the Tier designations on Figure 2.1 for ten (10) parcels having real estate
numbers 00246950-000000, 00246960-000000, 00246970-000000, 00246980-000000,
00246990-000000, 00247140-000000, 00247150-000000, 00247160-000000, 00247170-
000000, and 00247180-000000 from Tier I to Tier III as shown on Exhibit 2 attached
hereto and incorporated herein.
(2) Amending Table 2.7, Institutional Uses, of the Livable CommuniKeys Master Plan for
Big Pine Key and No Name Key, attached hereto as Exhibit 3, and incorporated herein.
Text deletions are stricken through and additions are underlined on Exhibit 3. All other
words,characters, and language of the comprehensive plan remain unchanged.
PASSED AND RECOMMENDED FOR TRANSMITTAL by the Monroe County Planning
Commission at a regular meeting held on the 1"day of December,2011.
Chair Werling Y
Vice-Chair Wall Y
Commissioner Hale Y
Commissioner Lustberg Y
Commissioner Wiatt Y
PLANNIN COMMISSION OF MONROE COUNTY,FLORIDA
BY .� IS
Denise Werling, Cha
Signed this a--r day of 3 ri ua I 2012
Monroe County Planning Commission Attorney
r Approved As To Form
Date: // 7#4
V
File number 2011-104
Resolution No.39.11
3