Item Q55
CM
ounty of onroe
BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers, District 3
Mayor Pro Tem George Neugent, District 2
TheFloridaKeys
Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
May 18, 2016
Agenda Item Number: Q.5
Agenda Item Summary #1608
BULK ITEM: DEPARTMENT:
No Planning/Environmental Resources
TIME APPROXIMATE:STAFF CONTACT:
Michael Roberts (305) 289-2502
3:00 P.M. PUBLIC HEARING
AGENDA ITEM WORDING:
An ordinance by the Monroe County Board of County
Commissioners amending the Tier Overlay District Map designation from Tier I to Tier III for
property owned by Longstock II, LLC, legally described as lots 1, 2, 3, 4 and 5, block 1; lots 1
through 18 block 2, Sam-N-Joe Subdivision Plat Book 3 Page 76 of the public records of Monroe
County Florida and lots 1 through 9, block 3, Darios Subdivision Plat Book 3 Page 92 of the public
records of Monroe County Florida; having real estate numbers 00300090-000000; 00300180-
000000; 00300590-000000 and 00300670-000000; providing for severability; providing for the
repeal of inconsistent provisions; providing for the transmittal to the State Land Planning Agency
and the Secretary of State; providing for amendment to the Tier Overlay District map and providing
for an effective date.
ITEM BACKGROUND:
The requested Tier Overlay District map amendment is consistent with the adopted (5/18/2016)
00300090-000000; 00300180-000000; 00300590-000000 & 00300670-000000 from Tier I to Tier III.
The parcels consists of a developed RV Campground historically containing 130 documented units,
consisting of 125 transient units and 5 market rate units (Letter of Development Rights Determination
dated 9/29/2014).
The subject parcels are developed land outside existing deer corridors (HCP Figure 5.2) and do not
meet the criteria for Tier I designation as provided in Policy 205.1.1, MCC §130-130 or the Habitat
Conservation Plan. In addition, the subject parcels are not indicated to have significant deer
utilization or distribution as depicted in Figures 2.1 and 2.4 of the HCP. The parcels are not within or
adjacent to Lower Keys marsh rabbit habitat as depicted in Figure 2.2 of the HCP.
On October 21, 2105 the U.S. Fish & Wildlife Service provided correspondence in which they
supported the request to amend the Tier designation from Tier I to Tier III.
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At its regularly scheduled meeting on July 28, 2015, the Monroe County Development Review
Committee reviewed the proposed amendment. The information provided in the staff report and
Commission and Board of County Commissioners.
At its regularly scheduled meeting on August 26, 2015, the Monroe County Planning Commission
reviewed the proposed amendment. The information provided in the staff report and discussed at the
County Commissioners.
PREVIOUS RELEVANT BOCC ACTION:
The LCP was completed in August 2004 adopted by the Board of County Commissioners on
August 18, 2004 and is incorporated by reference into the Monroe County 2010 Comprehensive
Plan by Policy 101.20.2(1).
The LCP was amended in June 2009 (Ordinance 020-2009) to revise certain figures to depict
only the lands covered by the HCP; to implement the ROGO requirements of the HCP; to define
the number of dwelling units to be permitted over the life of the Incidental Take Permit (ITP),
including the limitations on Tier I development; to establish certain control dates for
development and mitigation; and to regulate the construction of fences and accessory structures.
The Board of County Commissioners adopted Ordinance 022-2012 on September 21, 2012 to
amend the Livable CommuniKeys Program Master Plan for Future Development of Big Pine
Key and No Name Key , to amend the Tier designation on Figure 2.1 (Tier Map for Big Pine
Key and No Name Key), and Table 2.7, Institutional Uses, for the Seacamp property from Tier I
to Tier Ill, as directed by the Board of County Commissioners in Resolution 562-2003.
The Board of County Commissioners transmitted the associated LCP Text amendment to this
proposed map amendment to the State Land Planning Agency on October 21, 2015.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
Staff recommends adoption of the proposed tier amendment as
the subject parcels do not meet the criteria for Tier I designation and are more appropriately
designated Tier III in accordance with criteria of Section 130-130(d), the HCP and the LCP.
DOCUMENTATION:
Sea Horese RV Tier Overlay Map Ordinance
Sea Horse Tier Ordinance Map
Sea Horse Tier Overlay Map amendment Staff Report
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
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Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match
:
Insurance Required:
Additional Details:
REVIEWED BY:
Mayte Santamaria Completed 04/27/2016 7:14 PM
Steve Williams Completed 05/02/2016 9:56 AM
Jaclyn Carnago Completed 05/03/2016 8:43 AM
Christine Hurley Completed 05/03/2016 9:05 AM
Michael Roberts Completed 05/03/2016 9:50 AM
Mayte Santamaria Completed 05/03/2016 9:55 AM
Kathy Peters Completed 05/03/2016 10:05 AM
Board of County Commissioners Pending 05/18/2016 9:00 AM
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MEMORANDUM
MCP&ERD
ONROE OUNTY LANNING NVIRONMENTAL ESOURCES EPARTMENT
We strive to be caring, professional and fair
To: The Monroe County BOCC
Mayté Santamaria, Senior Director of Planning & Environmental Resources
7KURXJK
From: Michael Roberts, Sr. Administrator, Environmental Resources
Date: April 21, 2106
Subject: Request for an Amendment to the Tier Overlay District (Zoning)Map from Tier I
to Tier III, Longstock II, LLC, Vacant Land, Big Pine Key, having real estate
no. 00300090-000000; 00300180-000000; 00300590-000000 & 00300670-
000000
(File 2015-035)
Meeting: May 18, 2016
1
2 IREQUEST
3
4 A request to amend the tier designation for Parcel # 00300090-000000; 00300180-000000;
5 00300590-000000 & 00300670-000000 from Tier I to Tier III.
6
7
8 Subject Parcels (outlined in blue) (2012)
9
10
2015-035 pg. 1
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1 IIBACKGROUND INFORMATION & RELEVANT PRIOR COUNTY ACTIONS
2
Site Information
3
4 Address: 201 County Road, Big Pine Key
5 Legal Description: Lots 1, 2, 3, 4 and 5 Block 1; Lots 1 through 18 Block 2 Sam-N-Joe
6 Subdivision Plat Book 3 Page 76 of the Public Records of Monroe County Florida and
7 Lots 1 through 9, Block 3, Darios Subdivision Plat Book 3 Page 92 of the Public Records
8 of Monroe County Florida.
9 Real Estate (RE) Numbers: 00300090-000000; 00300180-000000; 00300590-000000 &
10 00300670-000000
11 Applicant: Longstock II, LLC
12 Size of Site: 3.93 acres
13 Land Use District(s): IS (North ½) and URM (South ½)
14 FLUM Designation: RM (North ½) and RH (South ½)
15 Tier Designation: I
16 Flood Zone: AE - 8
17 Existing Use: Sea Horse RV Campground
18 The parcel consists of a developed RV Campground containing 130 documented units,
19 consisting of 125 transient units and 5 market rate units (Letter of Development Rights
20 Determination dated 9/29/2014).
21 Existing Vegetation / Habitat: Scarified; Developed Land
22 Community Character of Immediate Vicinity: The surrounding community is a mix of dense
23 residential development interspersed with sparsely developed and undeveloped areas. The
24 adjacent land use (zoning) districts consist of IS, URM and SR land use districts.
25
26 On March 19, 2003 the Monroe County Board of County Commissioners (BOCC)
27 approved Resolution 119-2003 authorizing submittal of the Habitat Conservation Plan for
28 Key Deer and other protected species on Big Pine Key and No Name Key (HCP).
29 On December 17, 2003 the BOCC passed Resolution 562-2003 approving the Livable
30 Communikeys Master Plan (LCP) for Big Pine Key and No Name Key as the policy
31 document to direct growth and development of Big Pine Key and No Name Key. The
32 LCP implements the HCP as well as provides for the development needs of the
33 community.
34 The LCP was completed in August 2004 adopted by the Board of County Commissioners
35 on August 18, 2004 and is incorporated by reference into the Monroe County 2010
36 Comprehensive Plan by Policy 101.20.2(1).
37 The LCP was amended in June 2009 (Ordinance 020-2009) to revise certain figures to
38 depict only the lands covered by the HCP; to implement the ROGO requirements of the
39 HCP; to define the number of dwelling units to be permitted over the life of the Incidental
40 Take Permit (ITP), including the limitations on Tier I development; to establish certain
41 control dates for development and mitigation; and to regulate the construction of fences
42 and accessory structures.
2015-035 pg. 2
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1 The Board of County Commissioners adopted Ordinance 022-2012 on September 21,
2 2012 to amend the Livable CommuniKeys Program Master Plan for Future
3 Development of Big Pine Key and No Name Key , to amend the Tier designation on
4 Figure 2.1 (Tier Map for Big Pine Key and No Name Key), and Table 2.7, Institutional
5 Uses, for the Seacamp property from Tier I to Tier Ill, as directed by the Board of
6 County Commissioners in Resolution 562-2003.
7
8 The Board of County Commissioners adopted Ordinance 022-2012 on September 21,
9 2012 to amend the Livable CommuniKeys Program Master Plan for Future
10 Development of Big Pine Key and No Name Key , to amend the Tier designation on
11 Figure 2.1 (Tier Map for Big Pine Key and No Name Key), and Table 2.7, Institutional
12 Uses, for the Seacamp property from Tier I to Tier Ill, as directed by the Board of
13 County Commissioners in Resolution 562-2003.
14
15 The Board of County Commissioners transmitted the associated LCP Text amendment to
16 this proposed map amendment to the State Land Planning Agency on October 21, 2015.
17
DRC Review
18
19 At its regularly scheduled meeting on July 28, 2015, the Monroe County Development
20 Review Committee reviewed the proposed amendment. The information provided in the staff
21 approval to
22 the Planning Commission and Board of County Commissioners.
23
PC Review
24
25 At its regularly scheduled meeting on August 26, 2015, the Monroe County Planning
26 Commission reviewed the proposed amendment. The information provided in the staff report
27 and discussed at the meeting supports the decision to recommend
28 approval to the Board of County Commissioners.
29
30
31 IIIPROPOSED AMENDMENT
32
33 Request to -000000; 00300180-000000;
34 00300590-000000 & 00300670-000000 from Tier I to Tier III (Exhibit I)
35
36
2015-035 pg. 3
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1
2
3
4
5
6
2015-035 pg. 4
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Review of Amendment
1
2
3 The Tier Maps for Big Pine Key and No Name Key has been developed based on relative
4 wildlife habitat quality as defined in the Habitat Conservation Plan (HCP). Monroe County
5 developed the Tier Maps pursuant to county-wide Smart Growth Initiatives adopted in Goal
6 105 of the Comprehensive Plan and Strategy 1.1 of the LCP.
7
8
9 operates under the assumption that avoiding and minimizing impacts to Key deer habitat, will
10 also provide direct protection to both populations and habitats of other terrestrial species. In
11 the development of the HCP, the ecology and population dynamics of the Key deer was
12 studied for three years and a Population Viability Analysis (PVA) model, including a spatial
13 component, was produced to evaluate the impacts of development scenarios on the Key deer
14 population. Based on the Key deer studies done for the HCP and the resulting spatial model,
15
16 deer habitat. Tier 3 lands are the lowest quality Key deer habitat. Most of the parcels in Tiers
17 2 and 3 are interspersed among developed parcels and among canals. These areas provide
18
19
20 er are wide ranging and utilize virtually all available habitat
21
22 indicate the utilization or distribution of Key deer, during the 3 year study period, within or
23 adjacent to the subject properties but it is not as significant as other locations. (Pg. 20 Habitat
24 Conservation Plan).
2015-035 pg. 5
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Approximate location
of subject parcels
1
2
3 Figure 2.2 of the HCP provides the Lower Keys marsh rabbit habitat, as identified by the
4 U.S. Fish and Wildlife Service. This figure displays the Lower Keys marsh rabbit habitat on
5 Big Pine Key and No Name Key (Faulhaber 2003) based on the most recent data on its
6 distribution within the covered area (Figure 2.2). Figure 2.2 does not indicate Lower Keys
7 marsh rabbit habitat within or adjacent to the subject properties. (Pg. 23 Habitat Conservation
8 Plan).
9
10
11
12
13
14
15
16
17
Approximate location
18
of subject parcels
19
20
21
22
23
2015-035 pg. 6
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1 Lastly, Figure 2.4 depicts the 6 grid layers used to generate the weighting factor for the final
2 carrying capacity grid. The deer corridor deer density, house density and distance from US1
3 parameters reflect low utilization of the subject properties by Key deer.
4
5
6
7
8
9 For the Big Pine Key and No Name Key planning area the Tier Maps are intended to be
10 based upon habitat sensitivity identified in the HCP, primarily as represented on the weighted
11 Harvest Grid Map (Figure 2.5 of the HCP, below).
12
2015-035 pg. 7
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Approx.
Location of
Subject
Parcels
1
2 Harvest Grid Map (Figure 2.5 of the HCP)
3 (darker shades = higher value for deer)
4
5
6 The subject parcels are developed land outside existing deer corridors (HCP Figure 5.2,
7 below) and do not meet the criteria for Tier I designation as provided in Policy 205.1.1, MCC
8 §130-130 or the Habitat Conservation Plan, as noted below:
9
10
11 HCP Figure 5.2 Key deer corridor across Sands Subdivision
12
2015-035 pg. 8
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1
2 Sands corridor with subject parcels in blue
3
4 The HCP describes the habitat description and associated H values that should be reflected in
5 the Tier designation. These descriptions are provided in Table 2.7 (below).
6
Table 2.7 (HCP pg. 43) Tier classification system (vacant privately-owned lands)
7
Tier Description
Lands where all or a significant portion of the land area is characterized as environmentally
sensitive and important for the continued viability of HCP covered species (mean H per
-3
1 10x10 meter cell = 0.259 x 10). These lands are high quality Key deer habitat, generally
representing large contiguous patches of native vegetation that provide habitat for other
protected species as well.
Scattered lots and fragments of environmentally sensitive lands that may be found in platted
-3
subdivisions (mean H per 10 x10 meter cell = 0.183 x 10). A large number of these lots are
2
located on canals and are of minimal value to the Key deer and other protected species
because the canal presents a barrier to dispersal.
Scattered lots within already heavily developed areas that provide little habitat value to the
-3
Key deer and other protected species (mean H per 10x10 meter cell = 0.168 x 10). Some of
3
the undeveloped lots in this Tier are located between existing developed commercial lots
within the US-1 corridor or are located on canals.
8
9 The proposed amendment is consistent with the above Tier descriptions. The site is
-3
10 developed and the mean H value per 10 x 10 meter cell is 0.000182 (0.182 x 10).
11
12
13
2015-035 pg. 9
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1
2
Sea Horse RV Park
RE # H Area (square feet)
(10m X 10m)
00300090-000000 0.0044 26,910 0.00017491
00300180-000000 0.0148 96,048 0.00016538
00300590-000000 0.0084 42,435 0.00021257
00300670-000000 0.0015 5,589 0.00029043
3
4
5 subject parcel contains no native habitat and supports 130 lawfully established units. The
6 amount of H impact for this type of development is based on traffic generation because
7 vehicle collisions with Key deer are the most important human-related cause of mortality for
8 the Key deer (HCP page 41). Based on the average daily trip assumptions in the HCP (9.5
9 ADT/unit), the 130 units developed on the site generate 1,235 average daily trips (ADT).
10
11 The subject parcels lie partially within the IS land use district (north ½) and partially within
12 the URM land use district (south ½). The corresponding FLUM designations are Residential
13 Medium (RM) on the north and Residential High (RH) on the south. There is no change
14
15 platted, the four parcels consisted of 32 platted lots.
16
SR
60
IS
61
SC
1'
URM
6,
SR
60
Land Use District Map Future Land Use Map (FLUM)
17
18
19
2015-035 pg. 10
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Consistency of the proposed amendment with the provisions and intent of the Monroe
1
County Land Development Code:
2
3
Staff has determined that the proposed tier overlay district (zoning) map amendment is
4
not inconsistent with the provisions and intent of Section 130-130 of the Monroe County
5
Land Development Code.
6
7
Sec. 130-130. Tier Overlay District
8
9 (a) Purpose. The purpose of the tier overlay district is to designate geographical areas
10 outside of the mainland of the county, excluding the Ocean Reef planned development,
11 into tiers to assign ROGO and NROGO points, determine the amount of clearing of
12 upland native vegetation that may be permitted, and prioritize lands for public
13 acquisition. The tier boundaries are to be depicted on the tier overlay district map. Lands
14 on Big Pine Key and No Name Key shall be delineated as tier I, II, or III. Lands in the
15 remainder of the unincorporated county, excluding the Ocean Reef planned development,
16 shall be delineated as tier I, III, and III-A (special protection area).
17
18 (b) Tier boundaries. Tier boundaries shall follow property lines wherever possible,
19 except where a parcel line or distinct geographical feature, such as a canal or roadway,
20 may be more appropriate.
21
22 (c) Tier boundary criteria, excluding Big Pine Key and No Name Key. The tier
23 boundaries are designated using aerial photography, data from the Florida Keys Carrying
24 Capacity Study, the endangered species maps, property and permitting information and
25 field evaluation. The following criteria, at a minimum, are used to evaluate upland
26 habitats and designate boundaries between different tier overlays:
27
28 (1) Tier I boundaries shall be delineated to include one or more of the following
29 criteria and shall be designated tier I:
30 a. Vacant lands which can be restored to connect upland native habitat
31 patches and reduce further fragmentation of upland native habitat.
32 b. Lands required to provide an undeveloped buffer, up to 500 feet in
33 depth, if indicated as appropriate by special species studies, between
34 natural areas and development to reduce secondary impacts. Canals or
35 roadways, depending on width, may form a boundary that removes the
36 need for the buffer or reduces its depth.
37 c. Lands designated for acquisition by public agencies for conservation
38 and natural resource protection.
39 d. Known locations of threatened and endangered species, as defined in
40 section 101-1, identified on the threatened and endangered plant and
41 animal maps or the Florida Keys Carrying Capacity Study maps, or
42 identified in on-site surveys.
43 e. Conservation, native area, sparsely settled, and offshore island land use
44 districts.
45 f. Areas with minimal existing development and infrastructure.
46
2015-035 pg. 11
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1 (d) Big Pine Key and No Name Key tier boundary criteria. The tier boundaries shall be
2 designated using the Big Pine Key and No Name Key Habitat Conservation Plan (2005)
3 and the adopted community master plan for Big Pine Key and No Name Key.
4
The parcels in question are developed land outside existing deer corridors (HCP
5
Figure 5.2, below) and do not meet the criteria for Tier I designation as provided in
6
MCC §130-130 or the Habitat Conservation Plan. In addition, the subject parcels
7
are not indicated to have significant deer utilization or distribution as depicted in
8
Figures 2.1 and 2.4 of the HCP. The parcels are not within or adjacent to Lower
9
Keys marsh rabbit habitat as depicted in Figure 2.2 of the HCP.
10
11
12
13
14 Figure 5.2 Key deer corridor across Sands Subdivision
15
16
2015-035 pg. 12
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1
2 Sands Corridor with Subject Parcels in blue.
3
Consistency of the proposed amendment with the Principles for Guiding Development in
4
the Florida Keys Area of Critical State Concern pursuant to F.S. Chapter 380.0552(7).
5
6
7 For the purposes of reviewing consistency of the Land Development Code or any
8 amendments to the Code with the principles for guiding development and any amendments to
9 the principles, the principles shall be construed as a whole and no specific provision shall be
10 construed or applied in isolation from the other provisions.
11
12 (a) To strengthen local government capabilities for managing land use and development
13 so that local government is able to achieve these objectives without the continuation of
14 the area of critical state concern designation.
15 (b) To protect shoreline and marine resources, including mangroves, coral reef
16 formations, seagrass beds, wetlands, fish and wildlife, and their habitat.
17 (c) To protect upland resources, tropical biological communities, freshwater wetlands,
18 native tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges
19 and beaches, wildlife, and their habitat.
20 (d) To ensure the maximum well-being of the Florida Keys and its citizens through sound
21 economic development.
22 (e) To limit the adverse impacts of development on the quality of water throughout the
23 Florida Keys.
24 (f) To enhance natural scenic resources, promote the aesthetic benefits of the natural
25 environment, and ensure that development is compatible with the unique historic
26 character of the Florida Keys.
2015-035 pg. 13
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1 (g) To protect the historical heritage of the Florida Keys.
2 (h) To protect the value, efficiency, cost-effectiveness, and amortized life of existing and
3 proposed major public investments, including:
4 1. The Florida Keys Aqueduct and water supply facilities;
5 2. Sewage collection and disposal facilities;
6 3. Solid waste collection and disposal facilities;
7 4. Key West Naval Air Station and other military facilities;
8 5. Transportation facilities;
9 6. Federal parks, wildlife refuges, and marine sanctuaries;
10 7. State parks, recreation facilities, aquatic preserves, and other publicly owned
11 properties;
12 8. City electric service and the Florida Keys Electric Co-op; and
13 9. Other utilities, as appropriate.
14 (i) To limit the adverse impacts of public investments on the environmental resources of
15 the Florida Keys.
16 (j) To make available adequate affordable housing for all sectors of the population of the
17 Florida Keys.
18 (k) To provide adequate alternatives for the protection of public safety and welfare in the
19 event of a natural or manmade disaster and for a post disaster reconstruction plan.
20 (l) To protect the public health, safety, and welfare of the citizens of the Florida Keys and
21 maintain the Florida Keys as a unique Florida resource.
22
Staff finds the proposed amendment consistent with the Principles for Guiding
23
Development as a whole and is not inconsistent with any one principle.
24
25
26
In accordance with MCC §102-158(d)(5)., the BOCC may consider the adoption of an
27
ordinance enacting the proposed change based on one or more of the following factors:
28
29
30 1.Changed projections (e.g., regarding public service needs) from those on which the text
31 or boundary was based;
NA
32
33
34 2.Changed assumptions (e.g., regarding demographic trends);
NA
35
36
37 3.Data errors, including errors in mapping, vegetative types and natural features described
38 in Volume 1 of the Year 2010 Comprehensive Plan;
Based on the Tier designation criteria in Sec. 130-130 (Tier Overlay District), the
39
HCP, the LCP and the Comprehensive Plan, the subject parcels do not meet the
40
specified criteria for Tier I designation. The property does not contain native
41
habitats (pinelands, hammock or wetlands) and has been developed with 130 units.
42
The parcel does not contain habitat for Key deer and is outside of established deer
43
corridors.
44
2015-035 pg. 14
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1 4.New issues;
NA
2
3
4 5.Recognition of a need for additional detail or comprehensiveness; or
NA
5
6
7 6.Data updates;
NA
8
9
10 7.Impact on Community Character:
11
The subject parcels have been developed with 130 units and supports little or no
12
native habitat. Staff has determined that the proposed amendment to the Tier
13
designation will not have an adverse impact on community characterThe Tier
14 .
Overlay District designation is utilized to implement and score ROGO applications,
15
to steer growth and to establish clearing limits. The Tier designation will not impact
16
community character.
17
18
19 IVRECOMMENDATION
20
Staff recommends approval of the proposed amendment as the parcels do not meet the
21
criteria for Tier I designation and is more appropriately designated Tier III in
22
accordance with criteria of Section 130-130(d), the HCP and the LCP.
23
2015-035 pg. 15
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EXHIBIT I
1
TIER OVERLAY DISTRICT MAP AMENDMENT
2
3
PROPOSED TIER OVERLAY DISTRICT DESIGNATION
4
2015-035 pg. 16
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