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Item O12 .. Board of County Commissioners Agenda Item Summary Meeting Date: December 17, 2003 Bulk Item: Yes [J No S Division: Board of County Commissioners Department: George R. Neugent AGENDA ITEM WORDING: Approval by the Monroe County Board of Commissioners to designate the Sea Camp Property in Big Pine Key as Tier III. ITEM BACKGROUND: PREVIOUS RELEVANT BOCC ACTION: CONTRACT I AGREEMENT CHANGES: STAFF RECOMMENDATIONS: TOTAL COST: BUDGETED: YES [J NO [J COST TO COUNTY: $ Source of Funds: REVENUE PRODUCING: YES [J NO [J AMT PER MONTH: YEAR: APPROVED BY: COUNTY ATTY [J OMB/PURCHASING [J RISK MANAGEMENT [J APPROVAL: DOCUMENTATION: INCLUDED ~/ TO FOLLOW [J NOT REQUIRED [J O-Iv DISPosmON: AGENDA ITEM # flee III 03 01:41p p.2 NAGINGALLOP FIGUEREDOP.A. A tto rn eys & Co u nselo rs Telephone: (305) 854-5353 3225 Aviation A venue - Third Floor Miami, Florida 33133-4741 Facsimile: (305) 854-5351 MEMORANDUM TO: Hon. George Neugent, Monroe County Commission FROM: Earl G. Gallop, General Counsel Sandra Walters, Planning Consultant DATE: November 20, 2003 RE: Seacamp request for changes to LCP and correction of Tier I designation to Tier III SUB.JECT Seucamp Association, Inc. plans to redevelop and moderately expand its facilities. It does not plan to increase its student capacity, but a small increase in administf'dtive and security slatT is expected. The proposed master plan (LCP), Draft Four, December 2003, severely limits Seacilmp's ability 10 expand critical Hu.:ilities and to provide affordable employee housing. Seacamp ri~quests that the proposed designation in the LCP of its 12-acre propc11y be changed from Tier I to Tier III. Seacamp further requests that the 8tatT recommendation to limit institutional expansion to 2500 sq. ft. per year be eliminated or increased, and that authorized employee housing be increased abovI: 4 units over 2.0 years. DISCUSSION AND ANALYSIS Scacamp supports the purposes ofthe proposed: (1) HCP to protect endangered spc.:ies, and (2) the LCP to direct the growth and development of Big Pine Key while protecting valuabk wildlife habitat and enhancing the character of the community. Scacamp appreciates the willingness of the planning staff to make numerous changes to the text of the LCP. However, the designation of Scacamp property as Tier I, rather than Tier III, is not based on wildlife habitat quality and is inequitable. The Tier I designation, the limitation on expansion of institutional space to 2500 sq. ft.lyear, the extf'dordinary limit on employee housing, and other restrictions threaten the viability of Sea camp. The proposed restrictions on Seacamp arc contrary to the strong statement of community support in the Development Alternatives Report that "All... community non~profit organizations will expand tu the maximum possibJc coverage of land currently owned" will be considered in all planning scenanos. ilPG 1 U U3 01: 42p p.3 To: lIon. George Neugent, Monroe County Commission November 20, 2003 Page 2 of3 Introduction to Seacamu. Seacamp is an internationally recognized marine science educational institution. In its approximately 40 years of operation, Seacamp has educated over 700,000 studenlS about the marine environment that surrounds us. Seacamp has awarded scholarships valued in excess of $400,000 to Monroe County residents since 1995. 11 i~ a l11~ioremployer on Big Pine Key and a vital part of the economy of the island. Scacamp has been vcry active ill local conservation etlorts, and nominated the Coupon Bight State Aquatic Preserve and Buffer Zone tor designation. The founders chose a scarified resort property for its location. See Attachment C. Tier I desi2nation. The proposed designation of Seacamp's 12 acres as Tier I is ultimately unworkable and inequitable. Future development on Big Pine Key will be guided by a Tier map. Lep, p.32. All land will be classified into three tiers based on conservation and infill priorities. Ja'., p.4. Tier I is reserved for natural areas with high habitat sensitivity. Tier II lands are "TmnsitioIl and Sprawl Reduction Areas" and Tier III lands are intill areas. [d, p.23. Growth will be directed to infill of existing subdivisions and commercial areas (Tier Ill), and heavily restricted i.n Tier I areas of sensitive habitat. Id., pp. 13,45 (direct redevelopment to infilllands), and 24 (the tier map will be based on habitat sensitivity identified in the HCP). Scacamp's property should be classified as Tier III infillland because its facilities lire located on mostly filled and scarified land. Scacamp property is depicted in the HCP as Private Developed Land, not as Tier I. See Hep, March 2003, at p.37, Fig. 3.1. A Tier I designation is not appropriate because the property has relatively low habitat sensitivity. See June 19, 2003lcttcr to Ricardo Calvo, PhD, Attachment H. Designation of Seacamp as Tier I is also inequitable. S1. Peter's C:atholic Chllfch property is classificd as Tier III. Lep, at 47. S1. Peter's is located adjacent to the Coupon Bight State Aquatic Preserve. and is bordered by the Buffer Zone. The Mariner's Resort is also designated Tier III. Unlike Seacamp, both St. Peter's Chw-ch and Mariner's Resort arc located in close proximity to core habitat for Key Deer and Marsh Rabbit (within the 500' buffer). See Attachment G. Limit exuansioD to 2500 SQ. ft/vr. The proposed LeI> limits floor area expansion for community organizations to 2500 sq. ft.!yr. per organization. LCP, p. 48, Action Item 5.1.2. For example, Seacanlp might need more floor area for an elevated, replacement dining facility. The facility would be located on scarified land. The limitation is too restrictive and bears no relation to the projectl~d levels of take of endangered species. This concept requires further adjustment by the county commission. Please consider our Recommendation 2. below. The attempt of planning staffto accommodate Scacamp's institutional needs is acknowledged. See, e.g. id, p. 45, Action Item 4.1.4 (redevelopment and expansion ofinstitutional uses allowed in TierI on scarified land). However, the expansion limitation is not consistent with Scacamp's needs or the community vision for conununity organizations. Limit emplovee housine. The LCI> authorizes employee housing in Tier I if certain requirements are met (p. 39, Action Item 3.1.5.), but appears to limit all employee housing on Big Pine Key in Iler flpe 1U 03 U1:42p p.4 To: Hon. George Neugent, Monroe County Commission November 20, 2003 Page 3 01'3 I to only 4 units. ld., p. 41, Action Item 3.2.6. Four units of employee housing over 20 years is obviously insufficient. The solution is to eithcr change the Seacamp designation to Tier III, or to increase the allocation and substantially revise the criteria. See Attachments Band B 1. Tier II desillDation is not aDPropriate. A Tier II designation is not a suitable compromise solution. Tier II contains restrictions that do not pennit Seacamp to redevelop and moderately expand its facilities. See, e.g., p.40, Action Item 3.2.2.b. (Tier III applications begin with 0 negative ROOO points, but Tier II applications begin with minus 10 points). See Attachments Band B I . Additional concerns. Attachments n and Bl identitY additional concems regarding the proposed LCP. Seacamp participated in the LCP process. Seacamp has participated extensively in the Hep and LCP planning process. It has exercised all opportunities to provide comments to phuming staff and the Planning Commission. See Attachment A. RECOMMENDATIONS I. Amend the LCP to change the designation of Sea camp's property at the end of Big Pine Ave. from Tier I to Tier III to achieve consistency with the LCP. 2. Amend the LCP, Action Item 5.1.2, to eliminate the annual floor area allocation. The ability of any institution to expand will he based on impact on habitat. as provided in the Hep. Alternatively, increase the floor area allocation to 5,000 sq. ft.lyr., or allow institutions to accumulate floor area over successive years. 3. ]n the event the designation of Seacamp property is not changed to Tier IlL extensive adjustments will he needed to Tier I or Tier II. See Attachment 31.