Item K3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 16.2002
Division: Growth Management
Bulk Item: Yes
No ---X-
Department: Planning and Environmental Resources
AGENDA ITEM WORDING: Approval of a Resolution to submit the Habitat Conservation Plan (HCP)
for the Florida Key Deer and other protected species on Big Pine and No Name Keys to the U.S. Fish and
Wildlife Service (USFWS).
ITEM BACKGROUND: The County, DCA and FDOT entered into a Joint Participation Agreement (JPA)
to prepare the HCP to address potential impacts from development activities in Big Pine and No Name Keys.
The HCP describes a conservation and mitigation strategy to minimize and mitigate for the incidental take of
threatened and endangered species due to any construction activities including residential and commercial
development, transportation improvements, public facilities and institutional expansion. A maximum "take"
from development activities over the 20-year period is given and a methodology to balance development with
mitigation included. At the September 18, 2002 BOCC meeting the Board tabled the resolution to a time
definite in Key West to allow additional time for review of the documentation.
PREVIOUS RELEVANT BOCC ACTION: Approval ofMOU between Monroe County, USFWS, DCA,
FDOT and Florida Game and Freshwater Fish Commission to develop the HCP on September 9, 1998.
Approval of JPA with DCA and FDOT on May 12, 1999 to fund and implement a HCP. A revised amended
Jp'A was approved In January 2000.
CONTRACT IAGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
Unknown
BUDGETED: Yes
No
COST TO COUNTY: Unknown
REVENUE PRODUCING: Yes
No X
AMOUNTPERMONTH_ Year
DOCUMENTATION:
Included X
) Risk Management N/ A_
APPROVED BY: County Atty---X-
DIVISION DIRECTOR APPROVAL:
Not Required
AGENDAITEM#+
DISPOSITION:
Revised 2/27/01
...4,,\~ K. Marlene Conaway, Director of Planning & Env. Res.
RESOLUTION
-2002
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AUTHORIZING THE
SUBMITTAL OF THE HABITAT CONSERVATION PLAN
(HCP) FOR BIG PINE AND NO NAME KEYS TO THE U.S.
FISH AND WILDLIFE SERVICE FOR AN INCIDENTAL
TAKE PERMIT OF THE ENDANGERED SPECIES
INCLUDING MINIMIZING AND MITIGATING THE LEVEL
OF TAKE.
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 public agencies are among the federal, state and local agencies that have regulatory
authority or responsibility under certain federal and state statutes, including the Endangered Species Act of
1973, as amended, the National Environmental Policy Act of 1969, the Constitution of Florida and state and
local planning and zoning laws to conserve threatened and endangered species and their habitats on Big Pine
and No Name Keys from adverse effects resulting from public and private development actions; 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 ean be coordinated; and
WHEREAS, all projects including state and county roadway improvements and all other public and
private development activities on Big Pine and No Name Keys are subject to individual review by USFWS and
will enjoy a benefit from this comprehensive review by USFWS; and
WHEREAS, the traffic Level of Service (LOS) on US #lin Big Pine Key is currently and has been
since 1996 below the adopted standard and is anticipated to continue to worsen unless road improvements can
be made to US #1; and
WHEREAS, the USFWS agreed to allow FDOT to proceed with the construction of a short-term
intersection improvement on US # 1 on Big Pine under the condition that the FDCA, FDOT and Monroe County
agree to develop the HCP; and
WHEREAS, a Joint Participation Agreement (JPA) was signed by FDOT, FDCA and Monroe County
in January 2000 to fund and facilitate development of the HCP; and
WHEREAS, an HCP Coordinating Committee, consisting of two representatives from each MOU
signatory agency and two citizens designated by the County was established for purpose of assisting the
contracting agency, FDOT, in selection of an experienced professional consulting firm to prepare the HCP and
associated documents; and
WHEREAS, URS Corporation Southern was selected as the Contractor to prepare the HCP; and
WHEREAS, Section 10 of the Endangered Species Act allows an applicant to apply for a permit for
"incidental take" of federally designated endangered species; and
WHEREAS, a comprehensive study was completed of the Key Deer and other endangered species
populations and conditions necessary for their continued viability; and
WHEREAS, three workshops were held with the community as part of the Monroe County Livable
CommuniKeys Program (LCP) to determine a preferred development action, which was analyzed by the
Contractor to determine the level of "take" of the endangered species by the action; and
WHEREAS, the HCP is a plan for minimizing and mitigating the determined level of "take"; and
WHEREAS, formal submittal of the HCP and it's associated documents and application of an
Incidental Take permit shall only be made after all three HCP co-applicant agencies are in agreement with the
submittal, NOW THEREFORE;
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA to authorize the submittal of the Habitat Conservation Plan (HCP) for Big Pine and No
Name Keys to the U.S. Fish and Wildlife Service.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular
meeting held on the 16th day of October, A.D., 2002.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Dixie Spehar
Commissioner Bert Jimenez
Commissioner Murray Nelson
Commissioner George Neugent
(SEAL)
A TrEST: DANNY KOHLAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
Deputy Clerk
Mayor/Chairperson
Planning: Be Environmental Res.
K. Marlene Conaway, Director
2798 Overseas Highway
Suite 400
Marathon, Florida 33050
Voice: (305) 289-2500
FAX: (305) 289-2536
Board of County Commissioners
Mayor Charles "Sonny" McCoy, District 3
Mayor Pro Tem Dixie M. Spehar, District!
George Neugent, District 2
Bert Jimenez, District 4
Murray E. Nelson, District 5
September 24, 2002
TO:
Board of County Commissioners
FROM:
K. Marlene Conaway, Director
Planning and Environmental Resources
SUBJECT:
Habitat Conservation Plan for Big Pine and No Name Keys
Summary
Monroe County, DCA and FDOT entered into a Joint Participation Agreement (JPA) to prepare a
Habitat Conservation Plan (HCP) to address potential impacts from development activities in Big Pine
and No Name Keys. The HCP describes a conservation and mitigation strategy to minimize and mitigate
for the incidental take of threatened illld endangered species due to any construction activities including
res.idential and commercial development, transportation improvements, public facilities and institutional
expansion. A maximum. "take" from development activities over the 20-year period is given and a
methodology to balance development with mitigation included. The Board of County Commissioner
approval before submittal of the HCP is required in the JP A.
Background
With the establishment of the National Key Deer Refuge in 1957 an active program to protect the Key
Deer on Big Pine and No Name Keys began. By the 1980's the deer population had recovered to
approximately 300 individuals, but there was continuing concern that road mortality and habitat loss
threatened the population. FDOT began consultation in the late 1980's and continued into the early
1990's to find a solution to the high incidence of road mortality of Key Deer along US#1. The
underpasses currently being constructed on US#1 in Big Pine Key is a result of this work. It was also
recognized that additional improvements are needed to US# 1 so that the roadway will meet the
Concurrency Level of Service required in the 2010 Comprehensive Plan. Policy 301.7.3 states that
additional lanes might be added to US# 1 to ease traffic congestion but that such improvements "shall be
deferred until the completion of a Habitat Conservation Plan for the Island."
Habitat Conservation Planning
The Habitat Conservation Plan for Big Pine and No Name Keys was developed in conformance with a
Memorandum of Understanding between the County, State and USFWS as a way to resolve the ongoing
conflicts over the impacts of proposed development on the natural resources. Section 10 of the
Endangered Species Act allows a developer, the "applicant," to apply for a permit for "incidental take"
of federally-designated endangered species. The process basically involves
determination of the level of reduction or "take" of the species caused by the proposed development.
The applicant proposes the development along with a plan for mitigation of the "take" caused by the
development. The mitigation plan is written in the form of a Habitat Conservation Plan.
The HCP process for Big Pine and No Name Keys was initiated in February 2000. The applicants are
Monroe County, the Florida Department of Community Affairs (DCA) and the Florida Department of
Transportation (FDOT), those entities that would build, or issue local permits to build, the proposed
development. The Habitat Conservation Plan document was produced with the assistance of an HCP
committee made up of concern~d agencies and citizen representatives. The document was completed in
September 2002 and an application for the incidental take permit is proposed to be sent to the USFWS
in October 2002. The process to develop the HCP consisted of three major components: 1) study of the
endangered species populations and conditions necessary for their continued viability, 2) crafting of a
proposed development action within this context and determination of the level of "take" caused by the
action, and 3) development of a plan for mitigating the determined level of "take."
Livable CommuniKeys Program
The Livable CommuniKeys Program (LCP) is a community-driven planning effort aimed at determining
the amount, type and location of additional development appropriate for the planning area. The process
was initiated in Big Pine Key and No Name Key in April 2000 and has run in close coordination with
the HCP. Three major public workshops and meetings were held to facilitate the LCP effort; followed
up by newsletters sent to both residents and landowners. Stakeholder discussions and citizen surveys
were also conducted. The n~wslette~s summarized the needs and desires expressed by the community in
the workshops. From this summary a community vision was formulated. The community vision and
stated planning objectives were used to evaluate possible development alternatives.
Several alternative plans for Big Pine and No Name Keys were formulated. These plans were aimed at
satisfaction of basic community needs within the existing regulatory framework. The alternatives were
then subjected to a planning analysis to see which ones were consistent with the community vision,
could meet community needs and desires and were within reasonable cost and feasibility. Alternatives
for residential, commercial, recreational and transportation development were all evaluated. The
analysis is contained in the Development Alternatives Report generated in March 2001. Alternatives
considered the most feasible means of fulfilling community needs and desires included a clustered
residential plan and a commercial redevelopment plan. Preferred options for meeting community
recreational and transportation needs were also presented. These preferred alternatives were then
analyzed for consistency with environmental goals, particularly protection of endangered species in the
HCP model developed for these islands.
The LCP Master plan is currently being drafted and will implement the various requirements of the
HCP. Future development is limited to ten residential units a year for a total of two hundred units over
the 20 year planning horizon, commercial development will follow at 239 square feet for each
residential unit permitted, some expansion of community facilities and recreation areas is included as
well as expansion of existing community organizations. The plan will also provide other elements as
identified in the community planning process.
The plan should be ready for review by the Planning Commission in January 2003. The MOU with
DCA includes mechanisms to allow the County to move forward with changes to implement the HCP
through a 380 Agreement before the plan amendment is complete.
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Action Proposed in the HCP
The proposed development action in the HCP is expressed in terms of the total level of impact that will
result in an acceptable level of "take" of the Key deer. The level of "take" is determined by the removal
of habitat value measured in discrete units. The habitat value units are assigned to individual parcels
within the planning area and consist of two main components: direct impact (habitat loss) and indirect
impact (highway mortality). The location and traffic generated are the two primary development
components causing these impacts. The HCP will equate the total loss of habitat value units to a
specific level of acceptable impact. Monroe County will track the impact of issued permits to ensure
that the total acceptable level of habitat value units is not exceeded. The HCP will not specify exactly
where permits will be issued or for what type of development but it will provide clear direction to the
county on which locations and types will have greater impact.
The Habitat Conservation Plan proposes to mitigate the "take" of Key deer mainly by putting habitat
under public protection. Habitat protection is considered the highest priority action for protection of
Key deer and other listed animal and plant species. Thus the habitat value units expended by allowing
development can be mitigated to some extent by purchase of a certain level of habitat value elsewhere.
Mitigation will also involve management of the acquired habitat, and other activities. The HCP also
proposes actions to minimize development impacts. Examples include implementation of traffic
calming designs and restrictions on fencing.
The application for incidental take will be reviewed by the USFWS under Section 10 of the federal
Endangered Species Act.
Staff Recommendation
Approve the resolution authorizing submittal of the Habitat Conservation Plan for Big Pine and No
Name Keys.
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