Item T8
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 17,2003 Division: Growth Management
Bulk Item: Yes No X Department: Planning
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AGENDA ITEM WORDING:
A public hearing to consider the request of Hawk's Cay Resort (MM61) to amend a Development of
Regional Impact (DR!) and modify a Major Development to relocate two (2) previously approved units
from Corridor 5 to the Commercial Development Area adjacent to Tom's Harbor. (One public hearing
required)
ITEM BACKGROUND:
On February 12, 2002 the Board of County Commissioners approved Resolution #037-2002, which
<:reated Development Corridor 5 consisting of 28 hotel suites and 18 affordable employee housing
units. The modifications have been reviewed pursuant to Chapter 380.06, Florida Statutes and the
Monroe County Code in effect immediately prior to September 15, 1986. The Planning Commission is
scheduled to consider this request at its December 3, 2003, meeting.
PREVIOUS REVELANT BOCC ACTION:
On September 18, 1996; February 23, 1998; December 8, 1999; September 19,2001; and February 12,
2002; the BOCC approved amendments to the DR! and Major Development in Resolution Nos. 335A-
1996,086-1998,616-1999,354-2001 and 037-2002 respectively.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: N/A BUDGETED: Yes No
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COST TO COUNTY: N/A SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
- - - -
APPROVED BY: County Atty -L Risk Management N/ A
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included X To Follow Not Required_
- --rtf'
DISPOSITION: AGENDA ITEM #
Revised 1/03
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 17,2003 Division: Growth Management
Bulk Item: Yes No X Department: Planning
- -
AGENDA ITEM WORDING:
A public hearing to consider the request of Hawk's Cay Resort (MM61) to amend a Development of
Regional Impact (DR!) and modify a Major Development to relocate two (2) previously approved units
from Corridor 5 to the Commercial Development Area adjacent to Tom's Harbor. (One public hearing
required)
ITEM BACKGROUND:
On February 12, 2002 the Board of County Commissioners approved Resolution #037-2002, which
<:reated Development Corridor 5 consisting of 28 hotel suites and 18 affordable employee housing
units. The modifications have been reviewed pursuant to Chapter 380.06, Florida Statutes and the
Monroe County Code in effect immediately prior to September 15, 1986. The Planning Commission is
scheduled to consider this request at its December 3, 2003, meeting.
PREVIOUS REVELANT BOCC ACTION:
On September 18, 1996; February 23,1998; December 8, 1999; September 19,2001; and February 12,
2002; the BOCC approved amendments to the DR! and Major Development in Resolution Nos. 335A-
1996,086-1998,616-1999,354-2001 and 037-2002 respectively.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: N/A BUDGETED: Yes No
- -
COST TO COUNTY: N/A SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
- - - -
APPROVED BY: County Atty ~ Risk Management N/ A
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included To Follow )( Not Required
- AGENDAITEM#~
DISPOSITION:
Revised 1/03
AGENDA ITEM WITH LATE DOCUMENTATION
DIVISION ,~ J-{o ,mt! Vli~
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DATE ITEM WILL BE A V AILABLE \'2 -s- D~
AGENDA ITEM NUMBER
AGENDA ITEM WITH LATE DOCUMENTATION
DIVISION ~)j.aJ j.Af)l\f'l1 n.U:k::_
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DATE ITEM WILL BE A V AILABLE \ '2 -~- D6-
AGENDA ITEM NUMBER
Hawk's Cay Investors, LTD.I Hawk's Cay Developers, LTD/
Village at Hawk's Cay
MODIFICATION OF A MAJOR DEVELOPMENT APPRO V AL
AND DEVELOPMENT OF REGIONAL IMPACT (DRI)
BOARD OF COUNTY COMMISSIONERS
MARATHON GOVERNMENT CENTER
DECEMBER 17, 2003
BOCC RESOLUTION
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- - - _.-
RESOLUTION NO. -2003
A RESOLUTION BY TIlE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY FLORIDA. APPROVING AMENDMENTS TO THE
DEVELOPMENT OF REGIONAL IMPACT (DR!) DEVELOPMENT ORDER.,
RESOLUTION NO. 365-1986, AND MODIFICATIONS TO THE MAJOR
DEVELOPMENT APPROVAL FOR THE HAWK'S CAY EXPANSION DRl;
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, on December 5, 1986, after a public hearing, the Monroe County Board of County
Commissioners (Board), adopted Resolution No. 365-1986, a Development Order issued under Chapter
380, Florida Statutes (F.S.), for a Development of Regional Impact (ORI) known as the Hawk's Cay
Expansion DR!; and
WHEREAS, on September 24, 1986, the Monroe County Zoning Board recommended that the
Board approve the amc:ndments to the DRI and Major Development for the Hawk's Cay Resort; and
WHEREAS, on September 18, 1996; February 23, 1998; December 8, 1999, September 19,2001,
Februazy 12, 2002, and June 19, 2002; the Monroe County Board of County Commissioners approved
amendments to the DR! and Major Development in Resolution Nos. 33SA-I996, 086-1998, 616-1999,
354-2001,037-2002, and 266.2002, respectively; and
WHEREAS, on October 9, 2003, Hawk's Cay Investors, Limited, and Hawk's Cay Developers,
Limited (hereinafter Applicant), proposed a non-substantial change pursuant to Section 380.06(19)(e) 2.,
F.S. to the 1986 DR! Development Order, as amended, by filing a Notice with Monroe County, the South
Florida Regional Planning Council, and the Department of Community Affairs in accordance with
Section 380.06( 19), F.S.; and
WHEREAS, on October 24, 2003, the Applicant also tiled an application tor modifications to the
1986 Major Development (hereinafter modifications), as previously amended; and
WHEREAS, the Applicant proposes to revise the DRI master plan for the DR! as approved to
relocate two (2) previously approved resort residential units from Development Corridor 5 to the existing
Commercial Development Area adjacent to Tom's Harbor; and
WHEREAS, during the review process, the Monroe County Planning Commission, after due notice
and public participation in the hearing process, reviewed the proposed amendments and modifications to
the DR! and Major Development; and
WHEREAS, on December J, 2003 the Planning Commission recommended approval of the
proposed changes and modifications to the DRI and Major Development; and
WHEREAS, the Monroe County Board of County Commissioners (Board) is the local gove~nt
body having jurisdiction over the revil:w and approval of the DRI, in accordanCe with Section 380.06,
f.S. (2003); and
Page 1 of2
11/24/03 Initials
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WIIEREAS, the public notice requirements of Monroe County for consideration of the proposed
change have been made; and
WHEREAS, the public was afforded an opponunity to panicipate in the public hearing and all
parties were afforded the opportUnity to present evidence and argument On all issues: and
WHEREAS, the Board has reviewed the above referenced documents, including the revised Master
OeveJopmcnt Plan aJso labeled Exhibit One dated October 24, 2003, the related recommendations of the
Planning Conunission, as we)) as all ulated leStimony and evi<rence submilted by ~ parties and
members of the general public;
NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA:
Seetioa I. The changes proposed by the Applicant in its DRJ notification do DOl constitute a
substantiaJ deviation pursuant to Section 380.06(19), F.S.
Seetioa 2. The Major Development modifications, including the revised Ma.'lter Development
Plan dated October 24, 2003, as proposed by the Applicant on October 24, 2003. are also approved.
SeetioD 3. Those provisions of the DRl Development Order, Resolution No. 365-19&6, as
amended, and the Major Development approval, as amended, which are not further amended by this
Resolution shall remain in full force and effect.
Seetioa 4_ A certified copy of this Resolution, with all exhibits, shall be furnished by the County
by certified mail, return receipt requested, to the Applicant, the South Florida Regional Planning Council,
and the Florida Department of Community Affairs within 10 days of its adoption by the Board.
Sedion 6. The Applicant shall record a notice of this Resolution pursuant to Section 380.06(15),
F.S. (2000).
Seetioa 7. This Resolution shall take effect upon its adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at
a regulae meeting held on the 17tA day of December, 2003.
Mayor Murray Nelson
Mayor Pro Tem David P. Rice
Conunissioner Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner Dixie Spehar
(SEAL) BOARD OF COUNTY COMMlSSJONERS
Attest: DANNY L.KOLHAGE, Clerk OF MONROE COUNlY, FLORIDA
B)- By
Deputy Clerk Mayor/Chairperson
MONROE COUNTY ATTOftfiit of 2
11/24/03 ~o~f)~ Initials
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BOCCSTAFFREPORT
Memorandum
m: Monroe County Board of County Commissioners
FROM: Timothy J. McGarry, AICP
Director, Growth Management Division
DATE: November 21, 2003
SUBJECT: Modification to a Major Development and Amendment to a Development
of Regional Impact (DRI) pursuant to Section 19-79 of the Monroe
County Code in effect immediately prior to September 15, 1986.
Applicant: Hawk's Cay Investors, Ltd.! Hawk's Cay Developers, Ltd.!
Village at Hawk's Cay, Inc.
MEETING DATE: December 17, 2003
I. Request:
A. Applicant & Owner: The property owners are listed as Hawk's Cay
Investors, Ltd" Hawk's Cay Developers, Ltd., and Village at Hawk's Cay_
Inc. The agent representing the property owners is Michelle Koby, Owner
Agent.
B. Location: The Property is described as being a portion of the plat of Duck
Key, as recorded in Plat Book 5 on page 82 of the public records of
Monroe County, Sections 16 and 21, Township 65 South, Range 34 East,
Tallahassee Meridian, Duck Key, Monroe County, Florida. The property
is located at approximately Mile Marker 61 on Indies Island.
c. Summary Description of Requested Modification: The applicant is
requesting a modification to a Major Development and Development of
Regional Impact (DRI) to relocate two (2) hotel units from Corridor 5 to
the existing Commercial Development Area adjacent to Tom's Harbor.
II. Background Information:
A. Land Use District: The property is designated as Destination Resort (DR)
on the current land use district maps and Mixed Use Commercial (MC) on
the future land use maps. The pre-1986 zoning of the property was RU-3,
RU-4, and BU-2; however, because the Hawk's Cay Resort was in
existence prior to County Ordinance #1-1973 pursuant to Section 19-202
Page 1 of 5
11/17/03
of the Monroe County Code (MCC), the subject parcel was considered to
be within the RU-7land use district.
B. Surrounding Uses and Neighborhood Character: The subject property is
contained within the Indies Island portion of Duck Key and is separated
from the residentially zoned portion of the island by a canal and Lake
Lucille. The residential area to the south consists entirely of single-family
lots within the IS-M land use district. The waterfront lots, including those
bordering the subject property are nearly built out, while the non-
waterfront lots are largely vacant. Located on Indies Island, near the
proposed development is an existing hotel with a variety of commercial
uses, including restaurants, and a marina.
C. Miscellaneous: The proposed development was reviewed by the staff for
compliance with the regulations in effect immediately prior to September
15, 1986. Therefore, this request shall be considered in light of the criteria
listed in Section 19-79 of the pre-1986 MCC.
III. Previous Relevant Zoning Board/Planning Commission Action:
. On December 3, 1985, the Monroe County Zoning Board granted preliminary
approval, with conditions, of the expansion of the Hawk's Cay Resort. (Resolution
MDI4-85)
. On September 24, 1986, the Zoning Board granted approval of the final community
impact statement and the final major development plan. (Resolution #36-86)
. On July 1, 1993, the Planning Commission, sitting as the former Zoning Board,
granted approval for a modification to the Major Development to eliminate one of the
hotel buildings, reposition another building, and to relocate the drainage retention
area. (Resolution #P25-93)
. On February 1, 1996, the Planning Commission, sitting as the former Zoning Board,
recommended approval to the Board of County Commissioners (BOCC) of a
reconfiguration of the resort project and recommended denial of the BOCC of the
extension of the completion date of the development of regional impact (DRI).
(Resolution #P6-96)
. On September 5, 1996, the Planning Commission, sitting as the former Board of
Adjustment, recommended approval to the Board of County Commissioners (BOCC)
expanding the existing marina/retail area by 10,000 square feet, expanding the
existing conference center by 15,000 square feet, and extending the date that
construction must be completed from January 25, 1997 to January 20, 2004.
(Resolution P42A-96)
Page 2 of 5
11/17/03
. On February 4, 1998, the Planning Commission, sitting as the former Board of
Adjustment, recommended approval to the Board of County Commissioners (BOCC)
the reconfiguration of the hotel units and the addition of Development Corridor 4,
which included 5-10 hotel units and recreational facilities (2 swimming pools,
volleyball and basketball courts, a playground, and a recreation club) and accessory
uses with the condition that no new boat slips are to be allowed at the Village at
Hawk's Cay. (Resolution P-22-98)
. On August 8, 2001, the Planning Commission, sitting as the former Board of
Adjustment, recommended approval to the Board of County Commissioners the
amendment of the Development of Regional Impact (DRI) master plan for the DRI to
remove certain "Commercial Expansion" building footprints shown on the plan.
(Resolution P53-01)
. On February 6, 2002, the Planning Commission, sitting as the former Board of
Adjustment, recommended approval to the Board of County Commissioners the
amendment of the Development of Regional Impact (DRI) master plan for the DRI to
create Corridor 5, which consists of 28 hotel units and 18 affordable employee
housing units.
IV. Previous Relevant BOCC Action:
. On December 5, 1986, by Resolution #365-1986, the BOCC granted approval of the
Development of Regional Impact (DRI). Pursuant to condition #1.3(b) of the
development order, the termination of the date for completing the development order
was January 25, 1997.
. On September 18, 1996, by Resolution #335A-1996, the Board of County
Commissioners (BOCC) granted approval of amendments to the Development of
Regional Impact (DRI) development order (Resolution 365-1986), and modification
to the major development approval for the Hawk's Cay expansion DRI, which
included expanding the existing marina/retail area by 10,000 square feet, expanding
the existing conference center by 15,000 square feet, and extending the date that
construction must be completed from January 25,1997 to January 20, 2004. The
number of potential units was reduced from 444 to 269.
. On February 23, 1998, by Resolution #086-1998, the BOCC granted approval of
amendments to the Development of Regional Impact (DRI) development order
(Resolution 365-1986) and modifications to the major development approval for the
Hawk's Cay expansion DRI, which included reconfiguration of hotel units and
addition of Development Corridor 4, 5-10 hotel units, and recreational facilities.
. On September 19, 2001, by Resolution #354-2001, the BOCC granted approval of
amendments to the development of regional impact and modification to the Major
Development approval for the Hawk's Cay expansion Development of Regional
Impact (DRI).
Page 3 of 5
11/17/03
. On February 12, 2002, the Board of County Commissioners approved an amendment
of the Development of Regional Impact (DRI) master plan for the DRI to create
Corridor 5, which consists of 28 hotel units and 18 affordable employee housing
units.
V. Staff Analysis:
The proposed change was initiated during the permitting stage of Development Corridor
5. BOCC Resolution # 335A-1996 states that all construction on Duck Key Drive must
be setback 50 feet from the property line adjacent to Duck Key Drive. The proposed
buildings (#1 and #28) were located within the required 50 foot setback. After
considering different options, Growth Management Staff and the applicant agreed upon
relocating the two units to the existing Commercial Development Area adjacent to Tom's
Harbor. This area will provide the least amount of impact on the residential portion of
Duck Key.
The construction of the two (2) units in the Commercial Development Area will meet or
exceed all of the current Monroe County Development Regulations. The applicant has
provided four (4) parking spaces, two (2) spaces per unit, landscaping, and all other
required bulk regulations.
Staff would like to note that pursuant to Section 380.06(19) F.S., the proposed change
does not constitute a substantial deviation, therefore does not require a public hearing,
due the fact that the development is also a Major Development pursuant to Section 19-79
of the Monroe County Code in effect immediately prior to September 15, 1985, any
modifications to the site plan do require a pubic hearing.
In addition, a memorandum of understanding (MOD) is to be entered into between the
Department of Community Affairs, Monroe County, and the applicant for the' Built-Out
Agreement'. This agreement is to be entered into prior to the expiration of the Hawk' s
Cay DR!. The DRI is scheduled to expire January 20, 2004. The agreement will outline
the conditions to complete any development as previously approved after January 20,
2003. Pursuant to Chapter 380 F.S., no public hearing is required to enter into the built-
out agreement.
VI. Findings of Fact:
1. Based on the project's approval as a Development of Regional Impact (DRI),
allowing the reconfiguration of units while not increasing the total number of
bedrooms and bathrooms, Staff finds that the request is consistent with the
existing conditions that apply to the property.
2. Based on the fact that the proposed relocation of units will not increase the total
hotel units or bedrooms and bathrooms that have been approved by the DRI, Staff
finds that the total number of bedrooms and bathrooms shall remain in
compliance with BOCC Resolution #037-2002.
Page 4 of 5
11117/03
3. Based on the fact that the relocation of the two (2) units to the commercial area
will not change the amount of open space, Staff finds that the open space shall
remain in compliance with BOCC Resolution #037-2002.
4. Based on the fact that the two (2) units being relocated were originally planned to
be constructed in the required fifty (50) foot setback on Duck Key Drive, Staff
finds that the relocation of the two units will be in compliance with BOCC
Resolution #335A-1996.
5. Based on the Master Development Plan dated October 24, 2003 and requested
changes, Staff finds that the proposed changes do not represent a substantial
deviation pursuant to Chapter 380.06 (19)(e)2, F.S.
VIII. Recommended Action:
Based on the above findings of fact and conclusions of law, the Planning and
Environmental Resources Department Staff recommends APPRO V AL of Hawk's Cay
Investors, Ltd.IHawk's Cay Developers Ltd., and the Village at Hawk's Cay Request for
a modification of a Major Development approval and an amendment to a Development of
Regional Impact approval to relocate two (2) hotel units from Corridor 5 to the existing
Commercial Development Area adjacent to Tom's Harbor.
Page 5 of 5
11117/03
APPLICATION
Jc~.23. 2003 11:48AM LAW OFFI~E OF ROBERT APGAR - --. ~; .: I .: . ~~. - - ~-
- :
. MONROE COUNTY PLANNING DEPARTMENT
APPLICATION FOR AN AMENDMENT TO A L
COm>mON,,\L USE APPROV AI.. MI\JZ)~ 06/6 OPe
Change in intensity tJ1UJ/o" la! than 1000 squm-e fest: $1850.00
Application Pee: S2,59O.oo
+ $50.00 Fire MIU'Sbal Fee
+ 5245.00 for oach newspaper advmti&ement
.... 53.00 for each property owner noticed
All information must be cor.apleted in full before the lpJ)lication ~ be processed 'by the Plsnning
Department. If you have any questions, please contact the Planning Depll%1ment office closest to you.
1) PROPBllTYOWNER(S): ~"uJK I~ ~"1 ~~c;h"-S \So .... ~~'{$ C Aat.DL1fJop~~ I em .
Mailing Address: lo\ U~\JJv..\S ~ &lvn.. MPt"A-n\o,J
.. ,
Phone Number. (Home) (Work) .305- ?I?r 3coo (Fax) 3o.s:-?t/~- :JtJ9fJ
2) AGENTNAMEfr1TLE:~~t.\~\\E ~o~i I OWNeta... (.\'~~T"
Finn:
Address: ~O{) OllI\K~ \Jr.} 'tv\~AAT'-'oe-)1 FL 33DSD
Phone Numbcr:(Home) 305. ,,~,\.~q~ork) ~5.'l~3 '3000 (Fax) 505- 7LJ.3 .~l)qo
3) Development Order or Resolution being Amended.;'" /) 37 - ~ 0 0 ~
Date Recorded: M It I<. t!... H L/-. ~ "0 0\ (please attach copy)
,
4) LEGAL DESCRIPTION OF THE PROPERTY:
Lot: Block: Subdivision: I.nrl.~p"c:. Ts~tL
Key: Uu.t }( - Y.LA.A Mile Marker: ..Ja.l
\
If in m... ad. bouda, attach a legal description on ieparate sheet.
S) Land Ule DesilZ1ation~ ~~
6) Real Bstate Number(s): 1/ 0037~3qO
7) Street address of property if applicable, and general l~on c1eacripticm:
hplot4
U:\Oftlv.1t\ MIn&pment\Plantritll\Petriok-NIClI)\a\Plamma APPlIcatiOftl\Amond to a Cond.Uu App.doo
0'MMClIS
vct. 23. 20031-1 :4SAM lAWu DFF-+CE -OF ROBfRf APGAR - - -- No.4i46 P. 4 ......
8) PROPOSED CHANGE:~Ol' ATe; l1.r1-.T" * \ 4- .~( To .3 aeRe (!J:Jmm~i!.Ji:lL
pd.rt!6L-
A) Is a time exteDIion being requested? (Yes) (No) ,/
It Yes, from to
B) II the Site Plan being reviae4? (Yea) V (No)
If yes, attach the approved lite plan. a revised site plan, and list below all proposed ohanse..
Please give a nuon for each change:
. , "A l.f
SEe PI I' ;q(!.HED Ex HII3IT
C) Other: (Describ,)
9) Please attach the necesslIy documents per Attachmat "Att.
10) If the suppottidg data sueh as blueprints or surveys are larpr than 8 1/2 x 14 inohes, the applicant
shall submit sixteen (16) copia of each.
11) Photograph of subject property.
I certify that I am familiar with the information contained in this application, and that to the best of my
knowledge euch information 18 true, complete and accurate.
~JI1h~ /t7~~~.#J
Signature of Appli Agent -' ate
7/1 IIc;i>~r'
Sworn before me this.;J'f day of . 20", a A.D.
I .
.. N'COLE II. PETNlCIC '/U~ Z( ~'LLc/C/
i. .~ Notary Public - State ~ FIaRIa Noauy Public
; : My Canrnio.iu., E:a:pi's.l.r12B, 3Di
r..." Commillion' 00037854 My Commission Expires
Pap 2. of4
U:\Orowd\ M8nIpmInt\JlIlantrinl\PeWIo1c-NlllClle\Plllltltftl AJI'PJjutiOl'll~ III a Cond.u.. App.floc
07.WI2ICII
Oct.23. 2003 11:49AM LAW OFF1CE OF ROBERT APGAR - -~
Ne:.4i45 ~ .
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~
The foUowin, documents may be required to be 5ubmitted with your application; please consult with a
Planner. Photoaral'hs of the site will be neccalll)' in all oue&.
L GENERAL
a) Photographs of litej looking N, B, S & W from perimeters of property and from road;
b) A oopy of the official plat, if the propoaed development i.in I platted subdiVision;
~___O) A Iurvey prepared by an engineer or surveyor aurre:ntly regiltered in Plonda., contg;"""1
hiIIher leal and signature. Indicate all existh1g structures, paved area, loeatian of aU utility
struCtureI, bodies of water, dooka, piers, existing arade and mean high wa=-line;
"....,d) A vegetation survey or habitat analysis, if IIpplicablej
/) A landscape plm:
1. A scale of 1 inch - 20 feet, one acre or more I" = 40 feet;
. f.,,(!.J 2. Proportylineo;
X 3. Dimension.;
4. Structures;
~ s. Exillilll nal\lral fcaturel;
~ f) Drainap plan showing final site gradin, WIth existing propoled topography preJ')llfed by a
registered engineer, currently licensed in Florida, in accordanoe with the drainage ordizw1oe;
g) Elevation drawings of III struaturel (existing and proposed) with elevation referenced to
USGS datum of the followtna features: c:mting ground mace. fmishcd grades, top of
foundation., floor elevation, roof1ine and highest point of the structure;
h) Traffic study (if applicable) in accordance with the Traffic Study Handbook;
i) Phasing sohedule (if lJ'Plicablo).
D. SITE PLAN b)!NOPC
I) A scaled site plan (at I minimum scale of 1" = 20 focrt for projects of le.s than one acre; 1" =
40 feet for projects of one acre or morc) including, but not limited to, the t'ollowiq
requirements:
1. Dimensions oftbe property and of all existing and proposed stNctures. Include
all acljac:cnt property and roadways on site l'lan and outside dimensions of entire
parcel;
2. Setbacks;
3. Parking anclloading zone locations and dimensianllj
4. Landscape plan and any open spaee preservation areas;
S. Improvements for the handicapped aooording to the state requirements;
6. Calculations for open ~pllCl!l :ratios."Jloor area ratio~t density and parkins;
7. Outdoor ligllting IOOltion and type; .
8. Man bip-water line and sboreline;
9, Square footage and location of wetlands. includini mangroves;
10. Provision. for lOUd wute separatioa., 1tDrap' and removal.
Pap) 0104
U:\OrDwth Ma\IP'lNIlt'l1I1l'!1InJ'Petrlclc'Nlcol~lInnmt ~II~ lO. C:ond.Use App~
-
Oct.23,200311:49AM - LAW OFf-tCE OF-ROBERT APGAR -..- --, No.4146 ~. 6 ""....
m. Conceptual Floor PIBnl- acale 1/4" =- 1',
IV. Section Drawing oftbe Building from N, S, E &: W.
v. TYPED NAME AND ADDRESS ~n..ING LARn ~ ofprapeny OWDCrl within a
300 feet radius oithe subject property. 1'hi.liIt should be compiled from the current tax
rolls located in the Property AppraiJcr'. Office. 61& pleue provide the listing of the
names, subdivision name, lot and block # and the RE #I'. for each address and note thOI. that are
adjoinin. the property. Adjoining loti are not disrupted by a canal or .treet. When a
oondominium is adjoining the property witbm the three hundred (300) feet., eaah unit owner must
be included.
VI. LetlErs of Coordination with local, rolional, state and federal AgC!1cie. may be required. for
development; some at all of the agencies lilted below may be included in the development
. review. (A. ltst of contDCt people. phone numbe,., and adiJrasSI fI availr&ble QII rwque.st at each
Plrmning Daptz'tmelJt offics.) Plelse consult With a Planner to determine which cocm:lination is
needed for your pnJpOsal.
a) Flanda Keys Aqueduct Authority (PKAA.)
b) Florida Department of Health and Rehabilitative SeMeN (HRS)
c) Florida Keys Electric Cooperative (FKBC)
d) Fire Manha11
e) Florida Department ofTransportatian (FOOT)
f) South Florida Water Management DiS1rict (SFWMD)
g) Florida Department ofBnViromnental Protection (FDEP)
h) Florida Game and Fteahw&ter Fi$h Commission (FGFWC)
i) U.S. Army Corps DfEngmem (ACOE)
j) U.S. Fish md Wildlife Servicn (USFW)
Ptac 4 of 4
U:\QroftIth Managernon~lImItnjIPeaiolc.Nico1e\Plannin8 App1ialllcml\A.mlnd to a CDruUJ.. App.4ao
t1IIPIN .
MONROE COUNTY ***LIVE***
?age 1 of 1 MISCELLANEOUS RECEIPT
~EC:::IPT # . 52641 PRINT DATE . 11/04/2003
. .
PRINT TIME . 16:58:12
.
?:::CEIPT DATE : 11/05/2003 OPERATOR : petrickn
COpy # . 1
.
?,2CEIVED BY : petrickn CASH DRAWER: 2
?~E C I D . FROM : VILLAGE AT HAWKS CAY
:.JDF 106.1 .
.
:JDF 106.2 :
:;OTES : AM/MAJOR & DRI AMENDMENT APP FEE
:-:::E ::D AMOUNT THIS RCPT BALANCE
-------- -------- --------- --------
=OI'~=NG-011 4060.00 4060.00 0.00
-------- -------- --------
-------- -------- --------
-=-O:'.:'\:"'S: 4060.00 4060.00 0.00
: ::::THOD OF PAYMENT AMOUNT NUMBER
----------------- ------------ ------------------
=;.-:SCK 4060.00 6105
------------
------------
=-:JTF.:' RECEIPT : 4060.00
VILLAGE AT HAWKS CAY, INC. REPUBUC BANK 6105
CLEARWATER, FLORIDA 33781 DATE
P.O. BOX 5886 63-8881631
KEY WEST. FL 33045 Check Number: 6105 Oct 23. 2003
AMOUNT
Memo:
$ 4060.00 ~r=
.-
1',\) Four Thousand Sixty and 00/100 Dollars
TO THE
CJRDER
OF: /~~
Monroe County
~;-. . ' /.
/ AUTHORIZED SIGNATURE
/
11100 b ~O Sill r:O b ~ lOSS bSr: ?SOOO 2 2s~~1I1
October 24, 2003
Application for Modification to Hawk's Cay Major Development
ATTACHMENTS
(Includes only allachments involving changes to project as currently approved)
Attachment A Photographs of site N, E. S. W.
Attachment B Survey
Attachment C Landscape Plan
Attachment D Floor Plans and Elevation Drawings
Attachment E Amended Master Site Plan NOPC Exhibit A
Attachment F Revised Master Development Plan
Attachment G Adjacent Property Owners
.Within 300 feet from the borders of the project
Attachment H Amended Site Plan Sanctuary Units NOPC Exhibit B
Attachment I Site Plan Units 1 and 28 Relocation NOPC Exhibit C
Attachment .J Monroe County Board of County Commissioners Resolution No. 037-2002
Attachment K Monroe County Board of County Commissioners Resolution No. 038-2002
Attachment L Hawks Cay Expansion DRI Notice of Proposed Change (NOPC) to a Previously
Approved Development of Regional Impact (DR!) Subsection 38.06 (19), Florida
Statutes
*Vegetation survey Not Applicable or previously addressed Resolution 037-2002, 038-2002
* Traffic Study previously addressed Resolution 037-2002, 038-2002
* Phasing Not Applicable
* Site Plan Most Criteria previously addressed Resolution 037-2002, 038-2002
* Letters of Coordination previously addressed Resolution 037-2002, 038-2002.
NoRnl
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(10) ?/i-Vf.F< ~!1fC;-.J\,,'C!'D U.o"';';UfZV,,:> ;"f4.t:(..;-(.I~ ~.) DESIGNERS · CONSULTANTS
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c?>) C/7(;<)/-IUi (UiU>:> ~:..,t-! ft.-AA) Key West, FL 33041
305_294_5750 or 305-304;1032
fax 305;296;0504
Carl P. Gilley
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~ ~~:C.~=.5Ii:.r.::.~iU AMENDED SITE PlAN CO..OaATION ":r - -
~ -
FOR 20020 VETERANS BOULEVARD OM
. ':fn~.:r.-:U..:J'~:.c:c..=.:a:-: =.r:-"-=~~I ,~ . *I.
1tE SANCTUARY AT HAWK'S CAY SUITE 7
:.:,.:-..:.':....: ~rd.:.:=-:.-:u....._. poRT CIlARWnE FWRIDA 33954 .. 0-:"_'::
(941) 784-&447 EB' &&5& _....." I
,.'
'..'
,
CONSTRUCTION PLANS
FOR
THE VILLAGE AT HA WKJS CA V
UNIT 1 AND 28 RELDCA TloN
DUCK KEY
MONROE COUNTY, FLORIDA
SECTION 21, TOWNSHIP 65 SOUTH, RANGE 34 EAST
INDEX OF DRAWINGS
1 COVER SHEET
2 EXISTING CONDmONS/DEMOLlTJON PLAN
3 SITE/UTlL TY PLAN
4 PAVING, GRADING AND DRAINAGE PLAN
5 DRAINAGE/UTILITY DETAILS
6 GENERAL NOn::S AND SPECIACA TlONS
LOCA TION MAP
.
DEVELOPER ARCHITECT - P
l- I-
Z iii
HAWK'S CAY INVESTORS, LTD. GRASSI DESIGN GROUP w i:
1200 N. FEDERAL HIGHWAY, SUITE 200 46 WAL TI-lAM STREET SlITE 3A ~ >c
:z: w
BOCA RATON, FLORIDA 33432 BOSTON, MASSACHUSETTS 02118 u
(6m 956-9992 0<<
l-
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ENGINEER ~URVEYOR
TI-lE WEILER ENGINEERING CORPORATION TAl-COUNTY SURVEYING, NC. . /)
~/
20020 VETERANS BLVD. SUITE 7 675 T AMIAMI TAAIL, UNIT 1 I 061'3~~O3 I
J PORT CHARLOTlE, R.OAIDA 33954 PORT CHARLOTlE, R.ORIDA 33953
(941) 764-6447 (941) 627-5733 -.=.' - -- j
SIN., ri.:C:"'"
~'''..102'
WEe 11IE WEILEII_ 1tftTJr<<).1 ClfI' fl
wrrPfn..,.. p_
CORPORATION
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J It;[ COHt/lACtOR SHALL NOW Y TH[ ENGINEER IHHEDIATLT If AHD .....H(H A POSSlll(
flUIOR 1$ fUlND IN TH( Pt4NS OR STAKED Atlc.NMlNTAAD/[JI CoaAOCS TIoE OolGIP\f:[1l
MM ACCEPT REVISE T(I ,.,CCO...-.JDA1[ CONDITIONS, OR R[~cr THE: rlllCllllY B(ING
CONSTRUCTED IT J<; ,"'PERAlIYE THAT He COHTIlAC10ll NJllry THE: ENGINEER or
1"*-$( SJlU"'lIONS AS S{I)N AS POSSIBLE
t;f!)TINC 4 l~f[ ~~T~~;l~ ~\-irC.~:~C~~~A~g~~Y f~t:~~~'1:S~~LlH~Il(CiINN1HG
ONE STORY CM.U.S. R!'....'TAlJ/lANT ""',rHAL' l'AJj~IN(. "II[A ~~~P]~~~BlJIT~~,/~~~'~riN~tlfio~ll~~/~~\~[Ol!C~'~ ~~i~T~m~~
FLOUR Ct. .59" I TilE D'U'l,/IN(,~ DR NUl
f4otIS,.. " (!INI~ACIDR SltI~LL INCLUI)( IN HIS BID PIlIC[ 1HE COS1 {J" (l!{JSION C~TIlOl
It r ~- I flWSI~ AND S(lIII<1[NI CONTl!QL IIUT MANAG[MENT SH~l I[ OBS[IlVED DURING
)00''':;'' _ _ .' - · _ _ _'~ - - ~ I I CONSIRIJC, TION 111 TH[ CO,., TRAtfllA TH[ I'I[THODS 'WHIClI SfO.J..ll II[ USED INCLUDE
~-'---'.' ------,~~.._-_..m.;'-. 1 I BlJTAR!.N01LII<11lCD10,
..:.... . '00 --:--. - " I I I 1 I A 1HI [ONlIU'CIO~ SHAI I BE II[SPONSllU fOil AN1 SILI"'T][)N nlTE:RING THE:
- - SIOAI<1 l.IIilA1NA[,t $1SI[M BUTH ON-SlIE AND orf-SIT[ 11l( E:ONTIlACT(IIl
SHAll Ulltlll SAND BAGS II\ND HAYII~rs OR OTHEIl f.1l0SIDN CONTIlOl
. - oF 524 :ill 5 ME HUDS 1U CONIHOt [1l0SION
-- -I I I IIDS"_ l'X/STlNG I 8 CONIIlACIOA SHAll PlACF SOD AROUND All INt.llS A M(NI,,"" or J fHI 10
--4.~ - I I 4," I 4.11 \ ~::l:- "(}ML/l~~:~l~f,~r/JINl; \ ( l:~I[NI::;l!::~~JAA::A::OR~ :::;:U~_I[lT,A~;~~ CON1Rl1t or ~$1 AT "'ll
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' I ~ II II \ J I ~ .. I I I' 111%\ f (/ I' ll\~ \ 1,' 1\1 \ {I > "I 111ltS AND Oftj(R lANDSCAPE HATUlir[S 'oI'HICH ARt Hl If SAVED ANll/lJll SAi..VA(,(D
~J "\ I I ' , \ \,..! II 1 \ II I rQA l!ESTOIlAfllJllf PUIlPOS[S NO [QUIPMENT .SUPPlI[S (Jl VlMICt_[S .......lll
... ;' I 1 4.1 4111 I OIl'.' '...", ' 1/ f~\'/ I 111\\lj\1 "","", I 1'01.",(, AI'f~ SIDR[D OIl PAl!K[D .....ITHIN IHE DRIP L1N[ or HirES 10 1If.....IH AMtllI[ PII[S[Il:VED
/.., I 11" 4~ ::.,:.:..-:~:.. 4 1 \\1 11115\ I 1//\//II() 11/\ 1 [.RADE S"[ AS INDICATED All SI[)l!M'oI'A1(1l' RuNDrf SH"'ll Ill' DIA(CTCD TO TM[
I I H.I"1 4 1 I ~~.:.~....... 111/;/(\ II/I" ~I\I\\\\\ A(I(NIlON A~[A IIY 'WAT Of T~ S'WAU
,-, r II "III'll 'I * ~ II ~ LI J "III ". '..-;\ I. I,..,. I. 'IJ' , 'N( co."""'" ,,,'CO SOO~, ""..." RE"."O. AND M" """ $COOl",
, , / fit., II': I I: : I II II I 1\1 \ II \ \J \ 1\1 I \' I III 1\1 \ \ INCLUDES f'lAINTAINING SLOP[S AND SOD UN Tll. IN THl oPINION or 11< [N(;I,.,U
:~.a ::1... 1 4~ \ : 4~_ _\:_ __::___4'S'1 ll,! 1\1\(1)(1\1111\\1\\1 (. GRO\lIHISfIAHlY!.SlABl,ISt-f:D.
l/i' - - - -I 'r ~ _.!1f ~ I -...... ~ ft ....~ _ _ I I 9 A'> PAin or ClfAAING Il.ND GII\lBBINCi. ~l DEBRIS IS TU 11- fI(I'lDV[D rflOM tHl"
/ I (~J - - 5.IJ---li')4~ I (- - ~ ,.,... r-....",- PfolOJ[Cl Sl1( AND SAlVA[,[D IY THE CIJIIfTIlACTO~ (Ill lfI"'N$PCJllfD 10 leGAl
. ! ry.... 4Z ~- I - 5." i ~ ~I ' l~ I "WAil 41 51 I, \Or' '~ DISPOSAL ARIAS
1 + I -- I I I 411 ~:- t 10 flnfR 10 lANPSCAP( P~A\lINLS fQA lANDSCAPIN[, BUHEHS. lll([ PRES(AVAII[)oI. [1(:
4.9 I -_: - e -I .. f~~li , '
1 ,) \ 11~ t ~I to' ^, f' . ~~ \' . .IONt ...<1. ,r' .. DEMOLn1ON NOTES:
ii" I ;" :; . fd IAIIIING WAil 0,' I" I 1l(I4OV[ (XISIIN(j IIlTUMlt<<luS PAV[J"ENT. CONCIltT[ AND lllfIlOCt( SURfACfS "'S NOT[D [)oIT": Pl"'NS
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.. _ ~. ~~'} (;? "1 <, 0, j~~ .; ~ l' _ ro l>>' LXISIIN(, PO\/[Il POtU If _NE[DfD
.. . CON1RAClllll 10 OIlAIN MONRO[ [OUNTY RIGHI-I' \11\1 P[llMl1 f(Jfil ANY \/ORt(
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o D[Norrs EXISTING WAlE R M[T[R
& Of.NOTES EXISTING SANITARY MAMJOlE
@ DENOTE'S fXISTlNG POWlR POlE /'
--} DENOTES EXISTING POWER POlE .ANCHOR ",' ~/:/
DEN01[S SILT FENCE I ~'"
(OURING O[MOLHiON &- CONS1RUCTlON) 061 3 20 j
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~ I ~'"1t\...... "1M."', iHt::!!'" EXISTNG CONDITIONS I DEMOUTlON PLAN co. . 0 . A T ION ':r ~ 0:--
FOR 20020 VETERANS BOULEVARD . MO
SUITE 7 ' -"
lJNT 1 AND 28 RELOCATION PORT CHARLOTTE. FLORIDA 3395 .. 0""0"
(941) 764 6447 L8 16656 _ ":'. =:' 0)
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CONStRUCTION.
1.) Ufurr CONlMClOR to ~ (lrQN([1t WlTH AS aaT ) '.7 / /'
LOCATIONS or AU utiLITY -.st.........tlC:lNS. . / .
Ij ~::'[~~'": L~'~~,,=S/ ,/ / ,
I)CONlHAC'.. 'O-"COImlCUCTac"''''' """ OCT'30'lOO.
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FOR 20020 VETERANS BOULEVARD
SUITE 7 , . Vo .., _..
UNIT 1 AND 28 RELOCATION /,npT rIlAPrO'M'F FlOP,", "n-, _
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. ~ ~ ., 'f ,]1" '6 . <11 /< . ...........~~I&II11IUWIllW I; 1 ~ =.:~~~. ~~~~D IN ""CCllRDANC[ \JITH II( I(llUlll[KNTS ~.._~ I
,. I. I 2 THER[ SHALL k NO CHN<< IJl DEVIATI!>>l [T THtS[ PlNCS Ill' $P{ClrJCAllOO t . PDt )
~~~[J ~^1.0 .'\~ U , 'E I lH.[SS PIlJOII 1JlUTT(N APPROV...... rROM It€: [NGII<<:[R IS OI'''INE:D. I...........
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, ..III UIIUR IS rQ.lrto IH lH( PlANS lM STM[O All(iHt4(NT NQIlIl GRADES. tH[ [~IN[EIl
f "AY ACCEPT, R[VIS( TO ACClMlDJlAl[ CONDllIONS. OR 'UtT Ttt: FACILITY 1[1fr(i
~) CfJtlSTRLX:T(D, It IS 'MPUtATlV[ THAI 1HE: CONIRo'loCTIJt fiOTn 114: [NGIN[{R 17
... ... ! . IH[S[ SITUATIONS AS SIX>>! AS: POSSIIL[
" ,tXI.~l'IN(:, . .'A"""! I,.,,~ljr, ~H. ! I' I ~ 4 't: ~l~~:lrrr ~~l-~~~im."'s~~~~~ f~~~:I(~:~~~I[C;I~'NG
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FLO;:O:\;.98' I ~ V~lI~~~I~~H:: ~ CONSTRUCTION LIMITS, \lH[TH[R 11(T M( ID[HlIrIED ON
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RESQJ..l1TION NO; 03? -2062
Cl \D
0= N W <, A RESOLtmON BY TIm BOARD OF COt7NTY
0' .. CI -'
t,) - oO(~ COMMISSIONERS OF MONROE, CQUNTY FLORIDA,
-
UJ %: ~ . APPROVING AMENDMENTS TO !RltDEVELOPMENT
cr ~ ..,Ju....
0.: :i:ciz OF REGIONAL IMPACT (DR!) DEVELOPMENT
-~
0 ..:r .:;zo
t.&.. t ...J .t.:I' ORDER. RESOLUTION- NO. 365- I 986, , AND
0 0:: >-~w MODIfICATIONS TO- nm MAJOR DEVELOPMENT
~ ~;jQ
W ~- ~ 0:- APPROVAL FOR nIB HAWK'S CAY EXPANSION DR!;
.....J ..... ~ 5
LA.. c::l PROVIDING FOR.ANEFFECTIVE DATE
c::a ~.
~,
WIJEREAS'':.on..De<'embc:r-5, 1986, after apubIiche3ring, theMonrQe County Board of
County Commissioners (Board). adopted Resolution No. 36S-1986, a.Dcvdopment Order issued
UI1der Chapter nt4 FTOricfa Statutcs(F.s;), for a Development -of Regional' Impact (DRI) known
as the Hawk's Cay Expansion DR!; and
WHEREAS'; on _!ir~ber. 24.. J98&" the Momoe-,Comrty Zoning Board recommended
that the Board approve the amendments to the: DRI and Major Devc:1opmem for the Hawk's Cay
Resort; and
WHEREAS, on September 18, 1996; February 23, 1998; and December &. 1999; the:
Monroe County BomtofCOunty COmmissiOoers approved amcmdments to tbe DRI and Major
Developmont in Resolution Nos. 335A-I996, 086-1998, 616.1999~ and respectively; and
WREREAS, on October 12, 2001, Hawk's Cay Investors, Limited, and Hawk's Ca.y
Developers, Limited, (hV&~~1laft<< A.pplican1). proposed a non-substantiat chaoge' pursuant to-
Section 380.06(l9)(e) 2., F.S. to the 1986 DR! Development Order, as amended., by filing a
Notice with Monroe COunty.tlie$outh Florida R.egional PlanningCouocil, zmdthc lXpartmCDt
ofConununityAffainioaccotdaac:c: with Section 1&O.06(l9}, F.S-.;-and.
. WHEREAS, the Applicant proposes to revise the DR! mDSter plan fo~ the DRI as approved
to create Corridor SWliich will iriclUde anadditiOoaJ 28ph~l units and 18 ~ staff uni~ and
W'BEREAS, on, October, 1"2, 2001, the AppJicant also filed an application for
modifiC81ions to the 1986 Major Development (hl:reinafter modiD~a1ioDS), as previously
amc:nded; and
WHEREAS, during tht review process, the Monroe County PIllJ1nin.g Commission, after
duc notice- and public part:iCipation -In the hearing process, reviewed tbcr pmpo5cd ameudmcnts
and modifications to the DR! aod Major De~lopment; and
WHEREAS, on Fcbnwy 6, 2002 the Planning Commission recommended appcoval of the:
propo:)Cd changc:s'and modifications tQ the DRrandMajor Development; CUld
'WBEJU:ASj the MOmoe. County Board of County Commissioners ~oard) is the local
government body having jurisdiction over the review and D.pproval of the DRI, in accordance
with Section 380.06.. F$., (2000); and
Page 1 of 4
02127102 . .
A TT ACHMENT "J"
WJh:K~AS, _ the, public DOtiee requirement.! of Momo~ County for qonsideration of the
proposed change have been made; and
WHEREAS, the public-"lWS' a1lbrdedjil1.opportunityt~ parti.ci~ in tlt~ public ~ and-
all parties ware dIorded the opponunity to present cvideno: end argument on all issues: and
WDEREAS, the Board. bas reviewed the above referenced documents. the related
reco~tioos-of1htt-Plsmdn~Cort1mission. as ~U'as all~'Ie1ated'(estip.lOI1Y and evid~
submitted by the parties and members of the general publici
NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF
COUNTYCOMMJSSlONERS. MONROE:"~, FLOIUD~
Section I.The changes proposed by the Applicant in its D1U notification, as modified
hereby, do not wDStitate-a 9'Ui-.mmtiit1~~-purswmt1'l) Sectiou38o-;OO(19), F$;
Sectioa.::Z-ksoluticn, Na.. 365~lW~ tIie 19~ DR.r DcYcwpment Q1der; as prcvioasty
amended, for the Hawk's Cay Expmsion DRI, shall be further amended as follows:
(New language is underlined: deleted language is striekal through)
Amendments to Resolution ~,:n;S-I986.- as an1eftded-
1. Subs1itut~ r:evi9ed"Mastct.De.ve1Op:nent Plan-dated Dc:l:c.mbcr 14-. '20o-t, attachedhemo'for-
the J\ttle 12. 2001 n:vised Master Develonment Plan......-attBehed to tbe Develooment Order as
E,chibit,()Oc:aod.-refetenoed fn Condition 1.12"
2. Rev&e:thethird4C~~ cls.use.as,.fo1lo.ws:.
WHEREAS. Hawb Ciq Resort wh= compIetedwiU be a hotel- tJ1le destination resort
consisting of 44+ 493 botel suites, conference facilities., mail areas, restaurmts, and
recreationzl ficiIi:ties ol1.a.pprox.U:Daxc1y-S8.i acres ofJand located in unipcorporated Monroe-
County, Florida on Indies Islands at Duck Key; and
3. And ~ new "WHEREAS" clauses immediately after the third .'WHEREAS" clause as
follows:
RE S Monroe Conn ba! ex e:rie ced a severe shom e of affordable housin
and mennmbet of:affOrdabTe housfn~ lmitsthat can. be built is limit " under the Monroe-
County Year 2010 Comorehensive Plan.; and
WJIE.R..EAS.JJie Apolic.antprQp()SeSto bu\ld eiJ:rhteen (1&) new staff units for use as'
afiprdable housing: end ,
WHERE:AS~: the o-evelOpcr fill!, a~ to cause ,Duc~Kev Wastewater Cooperative:,
Inc.. to enter into M ~tnent providinst ~uhst3ntial Dublic benefit bv exuanding
~ewater fr'P~ent .facilities to communities otherwise _Dot !erved. includi~ Conch Key,
Walker Key. Duck Key and Indies Island: avd
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02l1.7/02 . -,- ,
ATTACHMENT "J"
4. Revise Condition 1.12 lIS follows:
The land use approved by this development orda: &hall be on the M~ Development Plan
attached hc:rc::tn as. Exhibit I for the DRI development locaIcd at Duck eJ. Bath ef the~
exAibils &f6 This exhibit is incorponned. intCl this,Devclopment Order; provided howe'VerT
that the Land Use Summazy CIllthe-Masrer Oc5veCopment Plan shall co:ctrol as to the amount
and type of approved dever Bt Duck KeX.
5. Revise Con~n 9.1a. as fOUO.....Si
The Applicant may conStl'UCt a. maximum. of~. ~est units-~ng of combinations.
of no more than m 642 bedrooms and ~~bathtooms ~uck Kcv. These numbers
exclude the 178 hote1units DOt subjc;ct to DlUmview. In'.additiorr. ~are 18 '"aff~
hotr:1 staff (luartcrs~ units addcdpwsuant to the cbanR:os r:=s.ecfon October ~~
which the Aoolicant may construct a nlsOOmum.of three do ' ~ 'Nith. the . .
units .buitt-, 8SCO~comi!tfu2 of no more than 36 bedrooms and 27 bathroom~ For
pumoses of this devclooment ordcr..those "atfot'dabJe- hotcl'~~(S.. sholl be defined.
as 'DeW reOO!lUhits that, are restricted' to (I) a m!X:imum monthlv rent of 30 nercent of the
median adjusted I!IOSS-Rrn","t income-for-housebolds-Within MonroeCbuotv divided by 12:,
and(2) units" cxclusiveTy hOWlinl! Hawk's Cav resort!\taff Prior tathe issuance of anv
certifil'm~. of oc~~ fOf: IlftY :rtru.ctnrc:' contlliniitl! _ the. staff-ou.ners. It ~c:tivc'
covenamfs) mnninS! in fiJvor of and enfol't:eable b~ Monroe Co~ shaIJ be filed in the
official records-of.Monroe- COtJZrtv. The-covcnantis sha!I:&e. effc:ciJ.ve for-thirty (30)~earr
but shalt not oommencerumUn2 until a certificare of occupancy has been issued b the
bui1diru!offici.alfof the ctaff ~units to which tlii: covenant or ooV<lnant~ap'p}Y_
6. Revise. Con.cijtion 9.1 h as follows:
All IlOW guest units constructed shall adhete tG ~ of the ~lcs and one of.the.
representative .fioorpIans depicted in Attach.mentG2' to tho. "Hawk's cay Expansion Proj eet
Community Impact Statement" uprl::t!eQ May 20-, 199-7, or snbmittffd as Supplemental
Attachment 02 wtrhrhc Noti&ation ofP'roposed Change to a Previously Approved DRl for
the Hawk's Cay DR! dated Dc:cea.1be:r 1997, or submitted--IIS' Sc=cond SUpplemental
Attachmcm 6-2 wirh the NotificatioD of Proposed Change to a P~viousJV Approved DR! for
the Hawks Cay DRt,dated-Novembet'"27. 200l,
7_ ReVise Condition 12 by deletinR nU exist1ne language, except for ~e last sentence and..
replacing it withtbe follOwing:
Wasfewater Thatment-Facilit-,:. Withinninetv daTI from the effective date of the adoption
of this: Resolution. ~ AOQ.licant shall cause Duck. W~at~. 00 ative Inc. to
enter, such- agreement(s)with 'the Bcnrnt of County Commissioners and/ r the Fiorida K~
AQueduct Authoritv ("'the AS!T'eement(s)n) as may be needed W n~de the Duck Key
Wastewater lteattnent Facility and extond' Advanced Wastewater' Treatment to the
fQ!!IDlllnities of Conch Key, Walker Key...DucldCcv and lndi~ 1sllmd-...rrovid~d. however.
this Devel~pmeot Ordcr'shaIlremain in fun force and effect if the parties have not entere~
into such an agreement within ninetv daYIl so-long as thC'Am:rlrcantis'~ebest efforts to
Page 3 of 4
n'\Jl"l1/01 ATTACHMENT "J"
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8. Add new Special COnditions in Section 13 as follows;
~Pli=' llnd a1~rs III in....., sballhetehY~.~ a11[i2hls fo <eel:
= ar ::; vth...~ '" ~ _ con~.ted h. the oti~; Devel""",enf of
~:aJ hn~act~~_ Th.i~ DRI a.tnendme~, iRi1-COil;Stilate the_ naJ and lnaximum
oumbe.rOfUDJtS. whictJ-may exist Dmwmttothis DRI.
See-HoD 1 The- Major- Devclo'pm~ modifications. including the revised Master
DeYclopme.at Plan dated Docember 14, 2001. as proposed-by the ApplicautOl,1 October 12,2001,
a.re a1so,apptovcd~ .
Scc:tioIl4~ Those pmviSio~of tbc-DRI Devefopment Order, Resolution No. 365-1986, as
amended, and 'the Major Developmcm approVal,asaraeodecf. w&ich are not furtber atOended by
this Resolution shalt-t'Cm3in in full force' anddfec:l
S~1l 50A certified, copy of~:iI ResolUtion., With aU exhibits, shall be furnished by the
County by certified mail, return receipt requested;.' to-the AppliCant, tbe-South Florida Regio.oaJ
Pl8m1ing CotmciJ~ aDd tho Florida'Departtn.ent of Community Affairs. within 10 day. of it3
adoption by the Board.
Section 6. The Applicant shall, ~ a. Dotit:e 01 t6J~ Resolution PllnUant to Section
380.06(15), F.s.. (2aOO).
Section 7_ThiS Rcsqlution:'lhalltake e~t upon its adOptioIL
PASSED ANn ADOPTED-oy the Board of County Commissioners-.pf Monroe County.
Piorida., at a regular mcctin.g held on the 12"" day of Fcbruary. 2002;
MayorChar,les "Sozmy" McCoy m
Mayor Pro Texn Dixie Spehar m
Cornmissiom::rMiIrtay Nelson abseQt
Commissioner (ieQrge Neu~t . yes
Commissioner N.ota Williams ~s
J'. BOARD OF COUNTY SSJONERS OF
A . . Ko1hagc, Cleric MONROE COUNTY, A
B4oJ~~ A1~ClA~ By;
Deputy Clerk /
...
9V Page 4 of4 I
0212 7/02
ATTACHMENT "J"
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NOTICE OF' ADOYI'ION OF" AN AMENDMENT TO -THE DEVELOPMENT ORDER ~ .5
FOR mE HA WK'S. CAY :J ;;
DEVELOPMENT OFREGIQNALIM:P'ACT't ~ ~
~
to- r.-
PLEASE TAKE NOTICE' that an Amendment to the Development Order for the Hawk's :n g
~:z:
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Cay Development of Regional Impact, more particularly described in the legal description In ~ ,<
0,
CIl
Exhibit A attached hereto. was approved February 23, 1998, by the Monroe County Board of
County Commissioners, pursuant to Section 380.06, Florida StatuteS. The amendf\1ent to the r;:J ..,
XI-ol
-c-
development order may be examined in the office-of the.Monroe County, Planning- ~epa:rtment. ' ~ [1J
Ul-
2798 Overseas Highway, Suite 400, Manthon, Florida, 33050. Tbe-, amendment to the ~ ,J-I
.', VJ &'
development order constitutesa..1and,de.velopment regulationappUcablc to' the.land~scribc:d. in '.11
, '"00'\
Exhibit. A.herdOr Thi$,notice.does not constitutca1icn~ clcud"orc:nCUillbI2nCe on the land or ~ ~
il)W
constructive notice of any' such lien, cloud-or cncumbtance. t\) ~.
.J
HAWK'S CAY"D!o/ELOPERS; LTD,
a Florida Limited Partnership 1:3 '>>
>n..
:z~
By: Hawk's Cay Development. Inc. -< ;p
AF1oridaCotpotation~ General Partner t'" ~
/""'\'~ :x IS)
WitnC3S: By: r".// . -... ' 0 III
nald::1C1 r.-'
Do _ Johnson, P~dent ~,:;.,
15O&t Sample Road-Suite 200 Cl ~
Witness: Pompano Beach, Ph ~064-3592 :'
,:") ,~
~ "-'
",..
STATE- OF-FLORIDA ~ ~
COUNTY OF p)r()t)J~'fd. ~
The foregoing ~slIUI11ent was acknowlc::dged before me this 4-4-- day of
~hr.J "'..."f .1998; by f)(},oI..JrJJI ,,-II,$,Arl IJ ,I" ofHiwk's cay Developers. Ltd..
a Florida limited partnership. on behalf of the partnership., !!e- iSpef:;:gy known to me, or
has produced- as identification and did (di no' take an oath.
, ..,-. SUSAHL HELMS ~~.-/0-Jft~
Q:J~\~1 M~ CCI.l~IS$roH' CD "1378 N.' o.tar)' PlJ~li~ , .
. < EXrIl6:~,2.~, -" Miy "'--mlSSJon ~"plftO"-'
'.' toMNnw*Drr~~' , '...!o...... LA .........-,
RECEIVED~1ffn ~~1:.v ~
SENT TO KEY WEST FOR RECOROtNG
ATTACHMENT "J"
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HAWKtSCAl"INVESTORS?, L TO.
a Florida Limited partnerShip
By: *
---
- By: ---"..-
CO""l
Don . Johnson, President Xt-4
15& East' Sample Road:.s:-~te200 -t""
~~,
pompano Beach. FL 33064-3592 lJl-
19"t-1
.~
(DU\
STATE OF FLORIDA ." .:1\
COUNTY. OF-- PYrlJi,Jl",('O- . ~.J
.. ~W
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The' foregoing, iitstroment. wu. acknowledgcd~ before- II1C' this- ~ day of t\)~
~j,rt~ t"~. ' 1998. ~y Dc.v;Jri IJ. ......MM-.OiIV __o~HaWk'S Cay Investors, Ltd., (D
a Florida limited partnership, on behalf. of the.. partnership. ' .He- .is: lJC['SOI1ally-~wn to me or t
has produced _as identification and did (did not) take in oath.
tf~\ SUSAR L:; fltUIS L"~~r-
W' NY~aJH,g:.'!78 I
'....,' . 0PIl'l.S. ~~lIDOt.
~k'_ aa.w1blll~""'~i'- NotaryPUb!lC
M)LCpmmission Expires:
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A TT ACHMENT II J"
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FI'(,8 197 2 :3 4 6
9"11.4:27 PGIl.S02
E:X.H1B1T .A. }
F;( U'iQ.
~ND DESC:~""(;HS:
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p",,",ou.', ....."""'.100"<.......... ,... >y T.' SUA"U O. ,UA"""Ne .ND .. ..~..e "~,, O' "."0' lJ1.
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BfGINHING.
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ATTACHMENT "J"
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972346
VtL!.1 PGt~ 5 (2) 3
91.1)..42.'7
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L~~,lLC~SClllo'nOH. HO~ltoCcrrn nn::",.n. ,Alns 1.2, :I AHO ., .....- -
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",00'0'. ,,,NO . ""onON O' CO" , ",oOUON '0. .LO"" % O' ..onoN , .NO' """pH O' 'LOC' t7 O' .
S(CI1QH(' \ ANO %. Au: ~cco,.etHG To--n-E. ~T c.f' .0\JeJC. ICE"'.. AS RECOROED 'H I'1....AT IOOe. & AT 'Aa~ n OF Tl-lE
'U6UC "ECOROS 01' MON"Of COUNTY. FLCJ\IOA, MO"E,~nc\JLAJ\~"t O~CJ'IJEO ~, pou.ows:
IItG'HNIHQ AT 'JlotfNO,.:n..~S.T ecR"E~ (lFtaT t. etOe1t ~-OF-~' .,OAfSI-lC f'\J-r.T)4[Nc.l HU-'ll'CO'~ .LONCi
ll'4E HOAne UNE 01= SAID LOT \. u,U FIEi' TO THE IH1'VISec:'TTotf OF T'4e ...~ ,.101'4 w...~ u~ OF 'TOMS ......."60. \
ANO Tif("NCn'THtJ....roF$;UO-l.01, \., ~ Mu.K Hlet4 WATt" UHE HA.VlNG "v. D~"IHEtJ oN ...."01 1S. :10. ,..
APRn. 1.. 2.7. U. MA.Y 1 ANO :J, "..,.,.o~IEOHO\IVo4I1E" t. -r..; it; n'~ S,,-,.II ,tY SVJ\vO
PAOCEOU"U M'P'OV'EO NoVD'DER 3. ".. BY tHE .\JREJ-U OF IUAVE"'ING AHO """''''fNO 5T.ATt'Of '\'0"'0..
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Tl'4ENCE U..C)o&"3.E .&,:1' FEET:~NeE sn'U'4".W "',n-FaT: ':lJ
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THEHc. N7'_.;lrn.~ :1i.0.nm-~N'>>-"'1~U~t.1'.O: FitT:
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THOI~S3..1~.oe~E-, 34.~Q.,fEEJ;.l'-Iewc:E SI4.0I':so.E G.a' FeET: ~
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1lo4tNcE U%-~3'U.E 100.01 f~E1': ~~cS; SQ,.~:J'o..t 7.:8 FEET: I :.
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,",..e...",''''''.''-: 7>T.n.51 TO "'" ~_""'" ",,,,,,,ON G'''' UN' "." ,,,,-r ""iT 0' n<' ",'T"CT ......TTEO PRO,,'TT U.. O. LOT 10.11.00< %: "...C' ..,.""'OO'W -"-"NO '''O.o:m'''''''i' '0.... FEET TO no,
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wAY UN' of OU<;< ._".Nl'''''''''' ",,'''''OO'W """"".,.","51-""''''''' U" &00.00 FE['T TO ""
SOUTH U.. O. LOT'. .LO....., ......eE .......00.. ALONO ...0 .0\l1><I./N.. 111.%< FEET' "'..... ..,....00....
.... 00 FIEf TO TftO"''''''-''''' Oo<LOT. .. eu>e<. " "".eE .......OO'W .CONO ,.,.. ."...,. UN' of ...0 '0' ,.
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I'VBLICJ\E.CQI\OS orlitoN4\OE C.OUNT'/', f\.OItIOA.
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ATTACHMENT UJ"
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PILI 1972345
BU ~ 4 2 7 PG'1 5 (2) 4
TOc::tT\04Dl W\TH;
PART ~ ltolOTEU
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ATTACHMENT uJ"
m
I . .
\ . FILED tOR REC9R9' Soard Of County COlllmissioners
7U02 FEa r 5 4H If:~ 7 ' BESOwnON NO. 038 -200~
I
,
DAHtiY L KO'iMfb F. MI'/fS N
CUfl CitE nON OF THE BOARD., 0 -COUNTY co SIO ERS OF
KOHRO~UNTY. FLO~"\ CQNCERI!Il'!li ROGO exe"'l'ttON ISSUES
WHEREAS, the 'BoaI'd of County Commrssioners has given due consideration
to the ROGO exemption, issues ctesctibed In the attat;;hed memorandum from
County Attorney Jame$- Hendrtdtto Giuwth Management Director Tint McGarry:
-
and
WHEREAs, the Boant of County Carnmissfoners.,fimb. that (fie matters set
forth in the $aid mem~m' ac:curatety state. the- p-osltion. of the Board of
COLlnty commiSSiQn~now, therefor!:...
BE IT RESOLVED BY THEBOARo-OFCOtIICTYCOMMISSIONERS OF MONROE
COUNTY, FLORIDA that.the attad1ect.memorandum. is hereby APPROVED as the
position statement of the. Board'. or" COunty Commissi(Jnel':ii of Monroe County,
Florida.
PASSeD AND A.DOPTED by the Board- of- County,. Comrnis~loners of Moor-oe
County; FlOrida, at a Specia~ Meeting- of- l';ajd:' Board neld' on' the 12th day of
February, 2002.
HayorChar'es McCoy yes.
..yor P-tO TemDlxJe Spehar Yes
mlssloner Murray Nel$Qft. 4b:sette
iS$ioncr George :Neugent yes
sioner Nora Williams yes. -
SOARD OF COUNTY COM~ISSIONERS
: MONROE C~N1'"I), FLoRIDA
May I~ilirperson.
jdre:sAOCOx APPROVEQ ....
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A TT ACHMENT ilK"
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vet,;, ~uu,j FL]AM__ LAWUrr ICLOF ROBERT APGAR ~o.4UI~ 1-'. !..
Law Offices of Robert C" Apgar
320 Johnston Street
Ro&m C. Apgar TallahassQe, FL 32303 Sh(l"71 A. SpiQr61 Of CounlQI
850-224-9343
rea@a.P9arlalD.oom FQ#I:224-.3083 6pion@apga,.Ia.ID,com
October 9,2003
Via Facsimile and U.S. Mail
Timothy J. McGarry, A.I.C.P., Director
Monroe County Growth Management Division
2798 Overseas Highway, Suite 400
Marathon, Florida 33050-2227 A TT ACHMENT "L"
Re: Hawks Cay Expansion DR!
Notice of Proposed Chan~e
Dear Tim:
This firm represents Pritam Singh in regard to a minor change to the Hawk's Cay Expansion
DR! development order. A Notice of Proposed Change (NOpe) is enclosed for processing by
Monroe County. Copies of the NOpe have also been provided to the Department of Community
Affairs and the South Florida Regional Planning Council.
The proposed change i's to mcve two authorizedreson units from Development Corridor 5
to a .3 acre parcel adjacent to Tom's Harbor, at the southeast comer of the existing commercial
district. There will be no change in the total authorized development for Hawk's CaY1 nor any
decrease in open space or conservation areas. Nor is any change needed in any conditions of the
development order or the Monroe County Major Development Approval.
A review of the relevant statute, Section 3 80.06(19), Florida Statutes, reveals that this change
is not a substantial deviation, and does not require a public hearing. Changes to development of
regional impact ("DRl") development orders are governed by Section 380.06(19), which states:
Any proposed change to a previously approved development which
creates a reasonable likelihood of additional regional impact, or any
type of regional impact created by the change not previously reviewed
by the regional planning agency, shall constitute a substantial
deviation and shall cause the development to be subject to further
development-or-regional- impact review. There are a variety of
reasons why a developer may wish to propose changes to an approved
development of regional impact, including ciuu1ged market
conditions. The procedures set forth in this subsection are for that
purpose.
'~ll' J' _VU,) U'~/I'\M Lr,lI IJrr I'"C, vr ~UDC,K I I'.I"\JMrI , C . ~ I,} 1 ~ - .
i' ..
Timothy 1. MCGaIL,1
October 9, 2003
Page 2
Section 380.06(19)(a). Subsection (b) of 380.06(19) sets out criteria to identify changes that
automatically require further DRI review. All of the criteria include significant increases in
development, or a decrease in open space, such as "An increase in the number of dwelling units by
5 percent or 50 dwelling units, whichever is greater" (Section 380.06(l9)(b)9), or, "A decrease in
the area set aside for open space of 5 percent or 20 acres, whichever is less" (Section
380.06(l9)(b)13). It is clear that moving two resort units within the Hawk's Cay Expansion DR!
does not trip any of the criteria in subparagraph (b) 1.-15., either individually or cumulatively with
previous changes.
The statute further specifies that: "Except for a development order rendered pursuant to
subsection (22) [a downtown development authority] or subsection (25) [an areawide DRI], a
proposed change to a development order that individually or cumulatively with any previous change
is less than any numerical criterion contained in subparagraphs (b)1.-15. and does not exceed any
other criterion, or that involves an extension of the buildout date of a development, or any phase
thereof ofless than 5 years is not subject to thepublic hearing requirements a/subparagraph (f)3."
Section 380.06(19)(e)1.
My reading of the statute indicates that the minor change proposed (moving two resort units
to other property in the Hawk's Cay Expansion DRI) is clearly not a substantial deviation. Further,
the change may be accomplished without a public hearing under the DRl statute.
Hawk.' s Cay is also subject to a Major Development Approval originally granted by Monroe
County on September 24, 1986. As you know, there are no existing County regulations dealing with
major development approvals, It appears from a review of prior development order amendments for
Hawk's Cay that the County has treated the Major Development Approval for Hawk's Cay as a
conditional use approval under the current regulations when processing amendments to the Major
Development Approval. I assume that is based on Section 9.5-2(c) of the Monroe Cmll1ty Land
D,evelopment Regulations, which provides that existing uses that would be entitled to conditional
use approval under the County's land development regulations are deemed to have a conditional use
approval.
Section 9.5-75, Monroe County Land Development Regulations, adopted in 1993, provides:
Notwithstanding any tiring contained in this article or elsewhere in
the Monroe County land development regulations, when a
conditional use is also a development of regional impact or is to be
the subject of a development agreement under section 163.3225 et
seq., Florida Statutes, the final development approval, and the
approval of any deviations therefrom, shall be reserved to the
county commission as provided by general law with no right of
appeal to the hearing officer. (Emphasis added).
ATTACHMENT flL"
vel. ~. ~uu.,) ,U..iJAM~LA\'l VrtH,t VI' rtUbtnl M\JAli :'i 0 . 4 U I 'j u !..
Timothy J. McGarry
October 9, 2003
Page 3
Section 9.5-75 can only be read to mean that conditional use approvals for proj ects that are
also DRIs will be reviewed and approved under Chapter 380, Florida Statutes, the ugenerallaw"
applicable to DRls, so that a duplicative review process under the County's conditional use
regulations is not required.
The "general law' applicable to the proposed change to the Hawk's Cay Expansion DRI are
the substantial deviation provisions of Section 3 80.06( 19), Florida Statutes, described above. Since
the applicable general law does not require a public hearing to amend the DR! for this particular
change, it is my opinion that, under Section 9.5-75 of the Monroe County Land Development
Regulations, a public hearing is not required to amend the Hawk's Cay Major Development
Approval.
We appreciate your assistance in expeditiously processing this NOPC. If you have any
questions or need additional information, please do not hesitate to call.
RCNSS/bf
Enclosure
cc (w/out enclosure):
Pritam Singh
Don Johnson
ATTACHMENT "L"
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
DNISION OF COMMUNITY PLANNING
BUREAU OF LOCAL PLANNING
2555 SHUMARD OAK BLVD.
TALLAHASSEE, FLORIDA 32399
850-488-4925
NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED
DEVELOPMENT OF REGIONAL IMP ACT (DRI)
SUBSECTION 38.06 (19), FLORIDA STATUTES
Subsection 380.06 (19), Florida Statutes, requires that submittal of a proposed change to
a previously approved DRI be made to the local government, the regional planning
agency, and the state land planning agency according to this form,
1. I, Don Johnson, the undersigned authorized representative of Hawk's Cay
Investors, Limited and Hawk's Cay Developers, Limited, hereby give notice of a
proposed change to a previously approved Development of Regional Impact in
accordance with Subsection 380.06(19), Florida Statutes. In support thereof, I
submit the following information concerning the Hawk's Cay Expansion DRI
development, which information is true and correct to the best of my knowledge.
I have submitted today, under separate cover, copies of this completed
notification to Monroe County, to the South Florida Regional Planning Council,
and the to Bureau of Local Planning, Department of Community Affairs.
IfJ ... 'i-03 By: 06\~-. ~
Date
SIgnature
Don Johnson, President
Hawk's Cay Investor's, Ltd./Hawk's Cay
Developers, Ltd.
ATTACHMENT uL"
1
- ~ -----
2. Applicant (name, address, phone)
Don Johnson, President
Hawk's Cay Investor's, Ltd.IHawk's Cay Developers, Ltd.
3. Authorized Agent (name, address, phone)
Sherry A. Spiers, Esquire
Robert C. Apgar, Esquire
Law Offices of Robert C. Apgar
320 Johnston Street
Tallahassee, Florida 32303
(850) 224-9343
Pritam Singh
Village of Hawk's Cay, Inc.
786 Duck Key Plaza
Marathon, Florida 33050
(305) 743-3000
4. Location (City, County, Township/Range/Section) of approved DR! and
proposed change)
Section 16 and 21, Township 65 South; Range 34 East, Monroe County.
5. Provide a complete description of the proposed change. Include any
proposed changes to the plan of development, phasing, additional lands,
commencement date, build out date, development order conditions and
requirements, or to the representation contained in either the development
order or the Application for Development Approval.
Transfer 2 resort residential units from Development Corridor 5 to a .3 acre parcel
in commercial area adjacent to Toms Harbor.
Indicate such changes on the project master site plan, supplementing with
other detailed maps as appropriate. Additional information may be
requested by the Department or any reviewing agency to clarify the nature of
the change or the resulting impact.
See Amended Master Site Plan, Exhibit A.
See Amended Construction Plan for The Sanctuary at Hawks Cay, Exhibit B.
See Construction Plans for The Village at Hawk's Cay, Unit 1 and 28 Relocation
(Cover Sheet, Existing ConditionslDemolition Plan, Site/Utility Plan, Paving,
Grading and Drainage Plan, Drainage/Utility Details, and General Notes and
A TT ACHMENT ilL"
2
Specifications), certified by Raymond 1. Weiler, Professional Engineer, on
September 8, 2003, attached as Composite Exhibit C.
See architectural drawings for Village at Hawk's Cay II, Commercial Area, sheets
AI, A2, and A3, attached as Composite Exhibit D. The two units relocated to the
commercial area will be developed in accordance with these architectural
drawings.
6. Complete the attached Substantial Deviation Determination Chart for all
land use types approved in the development. If no change is proposed or has
occurred, indicate no change.
See Substantial Deviation Determination Chart attached hereto.
7. List all the dates and resolution numbers (or other appropriate identification
numbers) of all modifications or amendments to the originally approved DR!
development order that have been adopted by the local government, and
provide a brief description of the previous changes (i.e., any information not
already addressed in the Substantial Deviation Determination Chart). Has
there been a change in local government jurisdiction for any portion of the
development since the last approval or development order was issued? If so,
has the annexing local government adopted a new DR! development order
for the project?
. Resolution No. 335A - 1996 on September 18, 1996,
. Resolution No. 086 - 1998 on February 23, 1998,
. Resolution No. 616 - 1999 on December 8, 1999,
. Resolution No. 354 - 2001 adopted September 19,2001,
. Resolution No. 037 - 2002 adopted February 12,2002, and
. Resolution 266 - 2002 on June 19,2002.
8. Describe any lands purchased or optioned within one quarter mile of the
original DR! site subsequent to the original approval or issuance of the DR!
De\"clopment Order. Identify such land, its size, intended use, and adjacent
non-project land uses within one half mile on a project master site plan or
other map.
None.
9. Indicate if the proposed change is less than 40% (cumulatively with other
previous changes) of any of the criteria listed in Paragraph 380.06(19)(b),
Florida Statutes.
=...
... Yes
Z
w
:E
::c Do you believe this notification of change proposes a change which
U
c:c meets the criteria of Subparagraph 380.06(19)(e)2., F.S.?
...
...
c:c Yes X No
10. Does the proposed change result in a change to the buildout date or any
phasing date of the project? If so, indicate the proposed new buildout or
phasing dates?
No
11. Will the proposed change require an amendment to the local government
comprehensive map?
No
Provide the following for incorporation into such an amended development
order, pursuant to Subsections 380.06 (15) F.S. and 9J-2.025), F.A.C.
12. An updated master site plan or other map of the development portraying and
distinguishing the proposed changes to the previously approved DR! or
development order condition.
See Master Plan, Exhibit B.
13. Pursuant to Subsection 380.06(19)(t)F.S., include the precise language that is
being proposed to be deleted or added as an amendment to the development
order. This language should address and quantify:
a. All proposed specific changes to the nature, phasing, and buildout
date of the development; to development order conditions and
requirement; to commitments and representations in the Application
for Development Approval; to the acreage attributable to each
described proposed changes of land use, open space, areas for
preservation, greenbelts; to structures or to other improvements
including locations, square footage, number of units; and other major
characteristics or components of the proposed change;
No Change is requested.
b. An updated legal description of the property, if any project acreage
islhas been added or deleted to the previously approved plan of
development;
N/A
c. A proposed amended development order deadline for commencing
physical development of the proposed changes, if applicable;
N/A
A TT ACHMENT ilL"
4
--- ----~.- - ----~- ----.-----
d. A proposed amended development order termination date that
reasonably reflects the time required to complete the development;
N/A
e. A proposed amended development order date ,until which the local
government agrees that the changes to the DR! shall not be subject to
dOWDZoning, unit density reduction, or intensity red~ction, if
applicable; and
N/A
f. Proposed amended development order specifications for the annual
report, including the date of submission, contents, and parties to
whom the report is submitted as specified in Subsection 9J-2.025(7),
F.A.C.
N/A
ATTACHMENT "L"
5
LIST OF EXHIBITS
A
B
C
D
ATTACHMENT ilL"
6
HA WK'S CAY NOPC - SUBSTANTIAL DEVIATION DETERMINATION CHART
Type of Land Use Change Category Proposed Plan Original Plan Previous D.O. Change
and Date of Chan2e
Attraction/Recreation Not Applicable
Airports Not Applicable
Hospitals Not Applicable ,
Industrial Not Applicable
Mining Operations Not Applicable
Office Not Applicable
Petroleum/Chemical Not Applicable
Storage
Ports/Marinas Not Applicable
Residential Not Applicable
Wholesale, Retail, Not Applicable
Service
Hotel/Motel Not Applicable
R.V. Park Not Applicable
Open Space Not Applicable
Preservation, Buffer or Not Applicable
Special Protection Area ATTACHMENT ilL"
DRAFT
PLANNING COMMISSION RESOLUTION #P70-03
DRAFT
PLANNING COMMISSION RESOLUTION #P70-03
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPRO V AL TO THE
BOARD OF COUNTY COMMISSIONERS (BOCC) OF
AMENDMENTS TO THE DEVELOPMENT OF REGIONAL
IMPACT (DRI) DEVELOPMENT ORDER, RESOLUTION
NO. 365-1986, AND MODIFICATIONS TO THE MAJOR
DEVELOPMENT APPROVAL FOR THE HAWK'S CAY
EXPANSION DRI
WHEREAS, on December 5, 1986, after a public hearing, the Monroe County Board of
County Commissioners (Board), adopted Resolution No. 365-1986, a Development Order issued
under Chapter 380, Florida Statutes (F.S.), for a Development of Regional Impact (DRI) known as
the Hawk's Cay Expansion DRI; and
WHEREAS, on September 24, 1986, the Monroe County Zoning Board recommended that the
Board approve the amendments to the DRI and Major Development for the Hawk's Cay Resort; and
WHEREAS, on September 18, 1996; February 23, 1998; December 8, 1999; and February 12,
2002: the Monroe County Board of County Commissioners approved amendments to the DRI and
Major Development in Resolution Nos. 335A-1996, 086-1998, 616-1999, 037-2002, respectively;
and
WHEREAS, on October 9, 2003, Hawk's Cay Investors, Limited, and Hawk's Cay
Developers, Limited (hereinafter Applicant), proposed a non-substantial change pursuant to Section
380.06(19)(e) 2., F.S. to the 1986 DRI Development Order, as amended, by filing a Notice of
Proposed Change to a Previously Approved DRI with Monroe County, the South Florida Regional
Planning Council, and the Department of Community Affairs in accordance with Section
380.06(19), F.S.; and
WHEREAS, the Applicant proposes to relocate two (2) previously approved hotel units from
Development Corridor 5 to the existing Commercial Development Area adjacent to Tom's Harbor;
and
WHEREAS, the Planning Commission was presented with information via the following:
1. The application for a Modification to a Major Development Approval including the revised
Master Development Plan also labeled Exhibit One dated October 24, 2003 from Michelle
Koby, acting as agent for the Applicant; and
Page 1 of 3
11/17/03 Initials
2. The staff report prepared by Maureen Meehan, Senior Planner, dated November 14,2003; and
3. The sworn testimony of the Monroe County Planning Department staff; and
WHEREAS, the Planning Commission made the following Findings of Fact, based on the
sworn testimony of the Monroe County Planning Department staff, and the evidence presented:
1. Based on the project's approval as a Development of Regional Impact (DRI), allowing the
reconfiguration of units while not increasing the total number of bedrooms and bathrooms,
Staff finds that the request is consistent with the existing conditions that apply to the property.
2. Based on the fact that the proposed relocation of units will not increase the total hotel units or
bedrooms and bathrooms that have been approved by the DRI, Staff finds that the total number
of bedrooms and bathrooms shall remain in compliance with BOCC Resolution #037-2002.
3. Based on the fact that the relocation of the two (2) units to the commercial area will not change
the amount of open space, Staff finds that the open space shall remain in compliance with
BOCC Resolution #037-2002.
4. Based on the fact that the two (2) units being relocated were originally planned to be
constructed in the required fifty (50) foot setback on Duck Key Drive, Staff finds that the
relocation of the two units will be in compliance with BOCC Resolution #335A-1996.
5. Based on the Master Development Plan dated October 24, 2003 and requested changes, Staff
finds that the proposed changes do not represent a substantial deviation pursuant to Chapter
380.06 (19)(e)2, F.S.; NOW THEREFORE,
BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY,
FLORIDA, that the preceding Findings of Fact support its decision RECOMMENDING
APPRO V AL TO THE BOARD OF COUNTY COMMISSIONERS of the request by Hawk's
Cay Investors, Ltd. / Hawk's Cay Developers, Ltd. for a modification of a Major Development
approval and Development of Regional Impact approval to relocate two (2) hotel units from
Corridor 5 to the existing Commercial Development Area adjacent to Tom's Harbor.
(The remainder of this page was left blank intentionally)
Page 2 of 3
11/17/03 Initials
PASSED AND ADOPTED by the Planning Commissioners of Monroe County, Florida, at a
regular meeting held on this 3rd day of December, 2003.
CHAIR Lynn Mapes Yes
Commissioner Werling Yes
Commissioner Margalli Yes
Commissioner Ritz Yes
Commissioner
PLANNING COMMISSION OF
MONROE COUNTY, FLORIDA
BY
Lynn Mapes, CHAIR
Signed this day of ,2003.
Page 3 of 3
11117/03 Initials
DRAFf
DEVELOPMENT REVIEW COMMITTEE
RESOLUTION #D33-03
DRAFT
MONROE COUNTY, FLORIDA
DEVELOPMENT REVIEW COMMIITEE RESOLUTION #D33-03
A RESOLUTION BY THE MONROE COUNTY
DEVELOPMENT REVIEW COMMITTEE
RECOMMENDING APPROVAL TO THE PLANNING
COMMISSION OF AMENDMENTS TO THE
DEVELOPMENT OF REGIONAL IMPACT (DRI)
DEVELOPMENT ORDER, RESOLUTION NO. 365-1986,
AND MODIFICATIONS TO THE MAJOR DEVELOPMENT
APPROVAL FOR THE HAWK'S CAY EXPANSION DRI
WHEREAS, on December 5,1986, after a public hearing, the Monroe County Board of
County Commissioners (Board), adopted Resolution No. 365-1986, a Development Order issued
under Chapter 380, Florida Statutes (F.S.), for a Development of Regional Impact (DRI) known as
the Hawk's Cay Expansion DRI; and
WHEREAS, on September 24, 1986, the Monroe County Zoning Board recommended that the
Board approve the amendments to the DRI and Major Development for the Hawk's Cay Resort; and
WHEREAS, on September 18, 1996; February 23,1998; December 8, 1999; and February 12,
2002: the Monroe County Board of County Commissioners approved amendments to the DRI and
Major Development in Resolution Nos. 335A-1996, 086-1998,616-1999,037-2002, respectively;
and
WHEREAS, on October 9,2003, Hawk's Cay Investors, Limited, and Hawk's Cay
Developers, Limited (hereinafter Applicant), proposed a non-substantial change pursuant to Section
380.06(19)(e) 2., F.S. to the 1986 DRI Development Order, as amended, by filing a Notice of
Proposed Change to a Previously Approved DRI with Monroe County, the South Florida Regional
Planning Council, and the Department of Community Affairs in accordance with Section
380.06(19), F.S.; and
WHEREAS, the Applicant proposes to relocate two (2) previously approved hotel units from
Development Corridor 5 to the existing Commercial Development Area adjacent to Tom's Harbor;
and
WHEREAS, the Development Review Committee was presented with information via the
following:
1. The application for a Modification to a Major Development Approval including the revised
Master Development Plan also labeled Exhibit One dated October 24, 2003 from Michelle
Koby, acting as agent for the Applicant; and
Page 1 of 3
11/17/03 Initials
2. The staff report prepared by Maureen Meehan, Senior Planner, dated November 14,2003; and
3. The sworn testimony of the Monroe County Planning Department staff; and
WHEREAS, the Development Review Committee made the following Findings of Fact, based
on the sworn testimony of the Monroe County Planning Department staff, and the evidence
presented:
1. Based on the project's approval as a Development of Regional Impact (DRI), allowing the
reconfiguration of units while not increasing the total number of bedrooms and bathrooms,
Staff finds that the request is consistent with the existing conditions that apply to the property.
2. Based on the fact that the proposed relocation of units will not increase the total hotel units or
bedrooms and bathrooms that have been approved by the DRI, Staff finds that the total number
of bedrooms and bathrooms shall remain in compliance with BOCC Resolution #037-2002.
3. Based on the fact that the relocation of the two (2) units to the commercial area will not change
the amount of open space, Staff finds that the open space shall remain in compliance with
BOCC Resolution #037-2002.
4. Based on the fact that the two (2) units being relocated were originally planned to be
constructed in the required fifty (50) foot setback on Duck Key Drive, Staff finds that the
relocation of the two units will be in compliance with BOCC Resolution #335A-1996.
5. Based on the Master Development Plan dated October 24, 2003 and requested changes, Staff
finds that the proposed changes do not represent a substantial deviation pursuant to Chapter
380.06 (19)(e)2, F.S.; NOW THEREFORE,
NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW
COMMITTEE OF MONROE COUNTY, FLORIDA, that the preceding findings of fact
supports their decision to recommend APPROVAL to the Monroe County Planning Commission of
a request by Hawk's Cay Investors, Ltd. I Hawk's Cay Developers, Ltd. for a modification of a
Major Development approval and Development of Regional Impact approval to relocate two (2)
hotel units from Corridor 5 to the existing Commercial Development Area adjacent to Tom's
Harbor.
(Remainder of page left blank intentionally)
Page 2 of 3
11/17/03 Initials
PASSED AND ADOPTED By the Development Review Committee of Monroe County,
Florida at a regular meeting held on the 24rd day of November, 2003.
Fred Gross, Island Planning Team Director / DRC Chair yes
Ralph Gouldy, Environmental Resources Senior Administrator yes
Maureen Meehan, Senior Planner yes
Department of Health (by fax) yes
Department of Public Works (by fax) yes
Department of Engineering (by fax) yes
DEVELOPMENT REVIEW COMMITIEE OF MONROE COUNTY, FLORIDA
By
Fred Gross, DRC Chair
Signed this _ day of November, 2003
Page 3 of 3
11/17/03 Initials
NAGINGALLOP FIGUEREDOP.A,
Attorneys & Counselors
3225 Aviation Avenue - Third Floor
Telephone: (305) 854-5353 Miami, Florida 33133-4741 Facsimile: (305) 854-5351
MEMORANDUM
TO: Hon. Murray Nelson, Monroe County Mayor
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
SUBJECT
Seacamp Association, Inc. plans to redevelop and moderately expand its facilities. It does not plan to
increase its student capacity, but a small increase in administrative and security staff is expected.
The proposed master plan (LCP), Draft Four, December 2003, severely limits Seacamp's ability to
expand critical facilities and to provide affordable employee housing. Seacamp requests that the
proposed designation in the LCP of its 12-acre property be changed from Tier I to Tier III. Seacamp
further requests that the staff recommendation to limit institutional expansion to 2500 sq. ft. per year
be eliminated or increased, and that authorized employee housing be increased above 4 units over 20
years.
DISCUSSION AND ANALYSIS
Seacamp supports the purposes of the proposed: (1) HCP to protect endangered species, and (2) the
LCP to direct the growth and development of Big Pine Key while protecting valuable wildlife habitat
and enhancing the character of the community. Seacamp appreciates the willingness of the planning
staff to make numerous changes to the text of the LCP. However, the designation of Seacamp
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
extraordinary limit on employee housing, and other restrictions threaten the viability of Seacamp.
The proposed restrictions on Seacamp are contrary to the strong statement of community support in
the Development Alternatives Report that "All... community non-profit organizations will expand
to the maximum possible coverage of land currently owned" will be considered in all planning
scenanos.
T3 /0. \ 8-
To: Hon. Murray Nelson, Monroe County Mayor
November 20, 2003
Page 2 of3
Introduction to SeacamD. Seacamp is an internationally recognized marine science educational
institution. In its approximately 40 years of operation, Seacamp has educated over 700,000 students
about the marine environment that surrounds us. Seacamp has awarded scholarships valued in
excess of $400,000 to Monroe County residents since 1995. It is a major employer on Big Pine Key
and a vital part of the economy of the island. Seacamp has been very active in local conservation
efforts, and nominated the Coupon Bight State Aquatic Preserve and Buffer Zone for designation.
The founders chose a scarified resort property for its location. See Attachment C.
Tier I desi2llation. 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.
LCP, p.32. All land will be classified into three tiers based on conservation and infill priorities. Id.,
p.4. Tier I is reserved for natural areas with high habitat sensitivity. Tier II lands are "Transition and
Sprawl Reduction Areas" and Tier III lands are infill areas. Id., p.23. Growth will be directed to
infill of existing subdivisions and commercial areas (Tier III), and heavily restricted in 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).
Seacamp's property should be classified as Tier III infillland because its facilities are located on
mostly filled and scarified land. Seacamp property is depicted in the HCP as Private Developed
Land, not as Tier I. See HCP, 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, 2003 letter to Ricardo Calvo,
PhD, Attachment H.
Designation of Seacamp as Tier I is also inequitable. St. Peter's Catholic Church property is
classified as Tier III. LCP, at 47. St. 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 Church and Mariner's Resort are located in close proximity to core
habitat for Key Deer and Marsh Rabbit (within the 500' buffer). See Attachment G.
Limit eXDansion to 2500 SQ. ft/vr. The proposed LCP limits floor area expansion for community
organizations to 2500 sq. ft./yr. per organization. LCP, p. 48, Action Item 5.1.2. For example,
Seacamp 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 projected
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 staff to accommodate Seacamp's institutional needs is acknowledged. See,
e.g., id., p. 45, Action Item 4.1.4 (redevelopment and expansion of institutional uses allowed in Tier I
on scarified land). However, the expansion limitation is not consistent with Seacamp's needs or the
community vision for community organizations.
Limit emDlovee housin2. The LCP authorizes employee housing in Tier I if certain requirements
To: Hon. Murray Nelson, Monroe County Mayor
November 20, 2003
Page 3 of3
are met (p. 39, Action Item 3.1.5.), but appears to limit all employee housing on Big Pine Key in Tier
I to only 4 units. Id, p. 41, Action Item 3.2.6. Four units of employee housing over 20 years is
obviously insufficient. The solution is to either change the Seacamp designation to Tier III, or to
increase the allocation and substantially revise the criteria. See Attachments B and B 1.
Tier II desisroation is not appropriate. A Tier II designation is not a suitable compromise solution.
Tier II contains restrictions that do not permit 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 ROGO
points, but Tier II applications begin with minus 10 points). See Attachments Band Bl.
Additional concerns. Attachments B and B 1 identifY additional concerns regarding the proposed
LCP.
Seacamp participated in the LCP process. Seacamp has participated extensively in the HCP and
LCP planning process. It has exercised all opportunities to provide comments to planning staff and
the Planning Commission. See Attachment A.
RECOMMENDATIONS
1. Amend the LCP to change the designation ofSeacamp'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 be based on impact on habitat, as provided in the
HCP. Alternatively, increase the floor area allocation to 5,000 sq. ft./yr., or allow
institutions to accumulate floor area over successive years.
3. In the event the designation of Seacamp property is not changed to Tier III, extensive
adjustments will be needed to Tier I or Tier II. See Attachment B 1.
Sandra Walters eonsuttants, 9nc. Seacamp Request for LCP Tier Map Correction
600 White Street, Suite 5, Key West, FL 33040 November 20, 2003
List of Attachments
Attachment A List of Efforts Made by Sea camp to Represent Concerns to County
Attachment B Summary of LCP's Approach to Community Organizations
including Seacamp in LCP Draft #4
Attachment B 1 Remaining Obstacles to Seacamp in LCP under Tier I or Tier "
Designation
Attachment C History and Description of Seacamp, including 2001 Aerial Photo
Attachment D HCP Table 2.6
Attachment E 1 HCP Figure 2.1 Showing Key Deer Locations from Telemetry Data
Attachment E2 HCP Figure 2.2 Showing Marsh Rabbit Habitat
Attachment F HCP Figure 2.4 Showing Weighting Factor Grid Layers
Attachment G Annotated 2001 Aerial Photo of Big Pine Key Showing Seacamp,
Catholic Church and Mariner's Property in Relation to Priority
Endangered Species Habitat and Other Factors
Attachment H June 19,2003 letter to Dr. Ricardo Calvo, Ph.D.
Sandra Walters eonsllltants, 9nc. Seacamp Request for LCP Tier Map Correction
600 White Street, Suite 5, Key West, FL 33040 November 20, 2003
A TT ACHMENT A
Efforts Made by Seacamp to Represent Concerns to County
Seacamp has actively monitored the development of both the Big Pine Key Habitat Conservation
Plan (HCP) and Livable CommuniKeys Plan (LCP), and has taken every opportunity available to
participate and convey issues and concerns to be addressed. This participation has included:
. Attending all HCP and LCP workshops,
. Reviewing all drafts of the documents,
. Meeting with County planning staff on May 29,2003,
. Attending the June 11, 2003 Planning Commission meeting and providing verbal and written
comments,
. Submitting on June 19,2003 to County consultant Dr. Ricardo Calvo a letter with comments
and questions, as directed by County Planner Robert Will,
. Attending the July 9,2003 Planning Commission meeting and providing verbal comments,
. Submitting on July 29, 2003 to County Planning Director Marlene Conaway a formal request
for change of Seacamp's LCP tier designation from I to III,
. Calling and speaking directly with Dr. Calvo on August 15,2003,
. Attending a meeting with County planning staff on August 22, 2003 to review LCP and
Seacamp concerns,
. Conveying on August 29, 2003 a memorandum and copies of the Calvo and Conaway letters
to Planning Commission and County Commission members,
. Conveying on September 8, 2003 specific written comments and suggestions regarding LCP
fmal hearing draft to Planning Commission members and County staff,
. Many emails and telephone conversations with County staff,
. Addressing the Planning Commission again at the September 10, 2003 hearing, and
. Attending another meeting with County planning staff on September 19, 2003 to reiterate
remaining Seacamp concerns.
Sandra Walters Consultants, 9nc. Seacamp Request for LCP Tier Map Correction
600 White Street, Suite 5, Key West, FL 33040 November 20, 2003
A TT ACHMENT 8
Summary of Approach to Community Organizations
including Seacamp in LCP Draft #4
1. The Big Pine Habitat Conservation Plan (HCP) is intended to provide protection of
endangered species while the LCP "provides the framework for development activities"
(Executive Summary, 4th paragraph, page 4).
2. The LCP establishes a tier system that directs "future development to infill areas"
(Introduction, second bullet, page 13).
3. The plan provides for limited expansion of community uses, churches, and public facilities
(Executive summary, page 4, bottom).
4. The Big Pine Key & No Name Key Development Alternatives Report is described as a
companion document to the plan (Introduction, middle of page 10). This document states,
on pages 15-17:
[C]ommunity churches and other institutional uses need to be able
to address the needs of their members, Therefore, the following
list of possible community non-profit organizations will be part of
the HCP process for each alternative:...
2. All churches and community non-profit organizations will
expand to the maximum possible coverage of land currently
owned.
5. The 1st planning objective is to "Minimize the need for local vehicular trips on and across
U.S. 1 from north to south" (Summary ofLCP and HCP Processes, bottom of page 15).
6. The 9th planning objective is to "Provide greater certainty to the property owners and Key
deer herd managers as to the location of future development" (Summary of LCP and HCP
Processes, top of page 16).
7. Goal 1 of the LCP is to "Direct future growth to lands that are intrinsically most suitable for
development and encourage conservation and protection of environmentally sensitive lands
by using the relative wildlife habitat value of land as the basis for development decisions..."
(page 23). Tier I lands are termed ''Natural Area" and Tier III lands as "Infill Area" (2nd
paragraph, page 23).
8. Strategy 1 of Goal 1 states that tier maps will be based "on the habitat needs of federally
endangered resident species in the planning area..." (page 24).
9. The Tier Map on page 27 shows the Mariner's Park site and Catholic Church both
designated as Tier III, but Seacamp, which is similarly scarified, is designated Tier 1.
10. The HCP finds Seacamp not to be within a frequent Key deer travel area (map, page 16) or
near Marsh rabbit habitat (map, page 18). Figure 2.4 on page 48 of the HCP shows
Seacamp to be within the same distance category from US 1 as the Mariner's Park property,
and in low "deer value" for all other weighting factors.
11. Table 2.2 on page 33 establishes percentages of total H for different land uses, and provides
for 2% of the total H for Community Organizations.
Sandra Walters eonsultants, 9nc. Seacamp Request for LCP Tier Map Correction
600 White Street, Suite 5, Key West, FL 33040 November 20, 2003
12. Transferable development rights (TDRs) and transferable ROGO exemptions (TREs) can be
used within the same tier category except for Tier I (Action Item 3.1.6, page 40).
13. Action Item 3.2.2 (page 40) contains a RaGa system specific to the planning area that has
the following provisions-
a. applies 0 points to Tier III, -10 points to Tier II and -20 points to Tier I, and a negative
10 points each to property in an identified Key deer corridor and within the 500 meter
buffer of Marsh rabbit habitat (section Lb., page 40),
b. competitive point acquisition is easier in Tiers II and III than in Tier 1 , and lot
aggregation is not allowed in Tier I (section l.c., page 40),
c. perseverance points are provided in Tier III but only in Tiers I or II if the 0 threshold
needed to enter the allocation system is achieved first (section 1.f., page 40), and
d. the only form of administrative relief in Tier I lands is purchase (section l.g., page 40).
14. Action Item 3.1.5 (page 39) has been added to allow employee housing in Tier I, and
attempts to address Seacamp's concerns by adjusting RaGa points to 0 if five criteria are
met. However, these changes do not remove all the handicaps applied to Tier I (see 12, 13
b-d and 15).
15. Action 3.2.6 on page 41 limits allocation awards in Tier I to no more than 2% of all units in
the 20 year planning period or an H of 0.022, whichever results in a lower H. As total new
residential units are capped at 200, this would limit the total number of housing units-
employee or otherwise-in Tier I to a total of four in the next 20 years.
16. Action Item 3.3.3 on page 40 provides a minimum 20% set aside for affordable housing,
including employee housing, but this provides little benefit in Tier I or II because of other
ROGO provisions described in 12 through 15, above.
17. Strategy 4.1.4 on page 45 was changed by staff in an effort to address Seacamp's concerns.
It now provides for redevelopment and expansion of existing non-residential uses in Tier 1,
restricted to disturbed or scarified land. However, Goal 4 is focused on "redevelopment and
expansion of existing businesses and limited new non-residential uses within the US-I
Corridor..." Future application of this strategy to Seacamp, which is not on the US-l
Corridor, could be confusing.
18. GoalS (pp. 47-48) is specifically focused at "existing community organizations," and
provides for "limited redevelopment and expansion." Table 2.6 describes existing
institutional uses, including Seacamp, and is followed by a sentence noting that a number of
the listed institutions have expressed interest in redevelopment or limited expansion "to
better serve the needs of the present population."
19. Staff changed Action Item 5 .1.1 (page 48) to allow expansion of institutional floor area in
all Tiers, but the change does not lift the RaGa constraints described above.
20. Nowhere in the LCP does it say that Tier III designations cannot extend more than one mile
north or south of US 1, and furthermore, this de facto constraint violates a 50-year
established component of community character at the Seacamp site.
2
Sandra Walters Consultants, 9nc. Seacamp Request for LCP Tier Map Correction
600 White Street, Suite 5, Key West, FL 33040 November 20, 2003
ATTACHMENT 81
Remaining Obstacles to Seacamp in LCP under Tier I or Tier II Designation
Tier I
1. No additional traffic impacts can be generated by employee housing in Tier I, regardless of
whether the property is not located in an area identified by the HCP as endangered species
priority habitat (Action Item 3.1.5, page 39).
2. Neither TDRs nor TREs can be transferred from one Tier I parcel to another (Action Item
3.1.6, page 39).
3. No aggregation oflots is allowed in Tier I (Action Item 3.2.2.c, page 40),
4. The only administrative relief after a Tier I housing applicant (employee or otherwise) has
been in the RaGa system for five years is property purchase (Action Item 3.2.2.g, page
40).
5. ROGO allocation awards in Tier I are limited to 2% of all residential units allowed over the
20 year planning period or an H of 0.022, whichever results in a lower H (Action Item 3.2.6,
page 41). As a total of 200 units are allowed, 2% is a total of only four units.
6. Fencing of developed parcels in Tier II and III is "acceptable" (page 57, end of fIrst
paragraph). Fencing of developed property in Tier I is considered to have H impact, but not
so in Tiers II or III (Action Item 8. 1. 1.e, page 58).
Tier II
1. ROGO applications in Tier II have to compensate for -10 points per unit to reach the
threshold eligibility of "0" required for entering the system (Action Item 3.2.2.a & b, page
40).
2. TDRs and TREs within the planning area cannot be transferred from Tier III to Tier II
(Action Item 3.1.6, page 39).
Sandra Walters eonsultants, fine. Seacamp Request for LCP Tier Map Correction
600 White Street, Suite 5, Key West, FL 33040 November 20, 2003
A IT ACHMENT C
History and Description of Seacamp
Seacamp Association, Inc. is an IRS 501(c)(3) non-profit organization that provides marine
science education for youth in its summer camp and the school season science class programs.
In its 40 years of operation, Seacamp has educated over 700,000 students about the marine
environment that surrounds us. Apart from the education experience provided by Seacamp, it is
a major employer on Big Pine Key and a vital part of the economy of the island. For 20 years,
Seacamp has provided scholarships to Monroe County students and teachers. Just since 1995,
Seacamp and the related Newfound Harbor Marine Institute have awarded 3,881 scholarships to
Monroe County residents valued at more then $400,000.
Seacamp's facilities are located on approximately 12 acres of land at the extreme southwest tip
of the island, at the end of Big Pine A venue. Most of the property was created from fill, and was
used in the early-1960s as a motel and marina. It now contains four 2-story dormitories,
administrative building, classroom and office modulars, dining hall and kitchen, laboratory,
maintenance area, marina, swim canal, and a parking area.
The property is zoned MU-mixed use and shown on the FLUM as Institutional. It is depicted on
the proposed Habitat Conservation Plan as Private Developed Lands.
4
N
Source: Monroe County Property Appraisers Office, photo taken 2001
ATTACHMENT 0
DRAFT DOCUMENT - 2/2512003
Table 2.6. Tier classification system (vacant privately-owned lands)
Tier Description Area (acres)
Big Pine No Name
Key Key
I Lands where all or a significant portion of the land area is 973.4 217,0
characterized as environmentally sensitive and important for
the continued viability ofHCP covered species (i.e., high H).
These lands are high quality Key deer habitat, generally
representing large contiguous patches of native vegetation,
which provide habitat for other protected species as well.
2 Scattered lots and fragments of environmentally sensitive 101.6 0
lands that may be found in platted subdivisions. A large
number of these lots are located on canals, which are of
minimal value to the Key deer and other protected species
since the canal presents a barrier to dispersal.
3 Scattered lots within already heavily developed areas, which 58.5 0
provide little habitat value to the Key deer and other protected
species. Some of the undeveloped lots in this Tier are located
between existing developed commercial lots within the US-1
corridor or are located on canals.
Total 1133.5 217.0
33
DRAFT DOCUMENT - 2/25/2003 ATTACHMENT E1
· 8igPine Key /- [I~tlr L~'calluns I
.
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..,..;"'".i,~,S&,;2.;,,~IJ, .,~.r-~, __.<. .'. ..... ..
I I .
Figure 2.1. Key deer locations from telemetry data (Lopez 2001)
16
Source: March 2003 Habitat Conservation Plan, figure annotated to show location of Seacamp
-.-.-..---.-.....-...",.....-... ......-
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I- DRAFT DOCUMENT -- 2/25/2003
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18
ATTACHMENT F
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;t
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Water Barriers Distance from US 1 Patch Quality
Figure 2.4. Six grid layers used to generate weighting factor grid (darker shades = higher deer
value)
28
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W Sandra
alters
CONSULTANTS, INC.
December 16, 2003
MEMORANDUM
TO: Mayor Murray Nelson, Comm, George Neugent, Comm. Dixie Spehar,
Comm. Sonny McCoy, and Comm. David Rice, Monroe County Commission
FROM: Sandra Walte~
Planning consUltant for Seacamp Association, Inc.
SUBJECT: Issues raised in memorandum regarding Seacamp dated December 4, 2003
to Mayor Nelson from Monroe County Planning Director Marlene Conaway
We have reviewed the above-referenced memorandum and would like to make the following
observations and responses-
1. One of the community vision elements of the Livable CommuniKeys Plan (LCP) is-
"Where government regulations make sense and work for the betterment of all" (page
LCP page 16). This vision should also apply to Seacamp!
2. Tiers in the Habitat Conservation Plan (HCP) apply only to vacant privately-owned
lands. The tier designation for Seacamp's 12-acre scarified and developed property is
established by the LCP, not the HCP. Therefore, changing Seacamp's LCP tier
designation will require no changes to the HCP.
The HCP repeatedly and consistently explains that tiers were created to differentiate parcels
of vacant privately-owned lands (see attachment to this memo, which contains highlighted
excerpts from the October 2003 HCP draft). In fact, Table 2.7 (HCP page 35) is titled "Tier
classification system (vacant privately-owned lands)," and Figure 2.6 (HCP page 36) is a
map of Big Pine and No Name keys that clearly differentiates private developed lands,
including Seacamp, from lands with tier designations. Section 2.4.3 of the HCP notes that
the Population Viability Analysis (PV A) model evaluated development impacts of vacant
parcels (HCP page 30). This understanding was confIrmed by telephone with Dr. Ricardo
Calvo, the author of the HCP document.
Seacamp is not located in or near critical endangered species habitat (see HCP figures 2.1
and 2.2), and has been scarified and developed for 50 years. Therefore, the LCP's
designation of Sea camp as "Conservation Lands" (aka Tier 1) is inconsistent with Goal 1 of
the LCP, which states that LCP tier designations "... are developed based on relative
wildlife quality" (see HCP Table 2.7). Classification of Seacamp as "Infill Area" (aka Tier
III) is consistent with LCP Goal l-"Direct future growth to lands that are intrinsically
most suitable for development."
3. Draft 4 of the LCP does not contain a square footage cap on expansion of community
organizations, but rather defines the cap as 2% ofH units.
At the request of several community organizations, reference to a cumulative total 10,000
square foot cap was removed from the LCP (second to last bullet on LCP Draft 3, page 29;
600 WHITE ST. SUITE 5, KEY WEST, FL 33040
LOWER KEYS & KEY WEST 305-294-1238 . UPPER KEYS 305-664-2342. MIAMI 305-661-4928
FAX 305-294-2164 . E MAil SWCINC@BElLSOUTH.NET
If1l Sandra
alters
CONSULTANTS, INC.
second to last bullet on LCP Draft 4, page 30). This issue was discussed at some length at
Planning Commission meetings and with staff. It was agreed that the H-unit impact
analysis was the critical issue, as changes, and even increases in square footage would
cause different amounts of H-unit impact in different circumstances, and the actual impact
on species was the relevant and limiting factor, not an arbitrary amount of square feet.
Therefore, Ms. Conaway's statement that only 10,000 square feet is allocated for all
community organizations appears to apply to an old draft of the plan, not the current one
(Draft 4).
4. Seacamp is asking to be treated consistently with other institutions and businesses on
Big Pine Key.
The attachment to this memorandum contains several maps from the HCP that show
Seacamp in relation to endangered species habitat and to Mariner's and the Catholic
Church-both of which are classified Tier III. The only two differences seen on these
maps between Seacamp and these other properties is that Seacamp is not located in or near
critical habitat while the others are, and Seacamp is located somewhat further from US 1.
The HCP (see page 51 in attachment) does refer to private non-residential facilities being
restricted primarily to within the US 1 corridor. It does not say all will be so restricted.
Seacamp is located away from critical habitat. According to US Fish & Wildlife Service
data, only a tiny percentage of deer deaths in the last 38 years Gust over one percent) have
occurred on Big Pine Avenue (the vast majority have occurred on US 1). The grid layer for
distance from US 1 used in the Population Viability Analysis model for assessing deer
impacts of new development (see page 28 in the attachment) fmds Seacamp to be within the
same area of lower value for deer as Mariner's and the Catholic Church.
All three properties are similarly scarified and developed, and application of the Tier III
(Infill Area) designation to all three is the only consistent application ofLCP Goal 1.
In addition, Seacamp is fully aware that all aspects of the LCP and County Land
Development Regulations will apply to building permit applications filed. The H unit
impact analysis will be conducted and traffic studies will be required. Seacamp is not
asking for special treatment, but rather equal and fair treatment.
5. Seacamp is unique, as the only combination residential/institutional use on Big Pine
Key. Therefore, correcting this mapping error in the LCP will !!!!! create a precedent.
While we are concerned for the many owners of vacant property on Big Pine Key who have
been waiting many years for building permits, it is entirely inappropriate to treat Seacamp
unfairly and incorrectly by leaving this tier map error in place in the guise of not holding up
all these permits. In addition, as Seacamp is the only property of its kind on Big Pine Key,
and is the only property not located in or near critical habitat that has been scarified and
developed for 50 years. Correcting this mistake will not open a floodgate!
6. Seacamp does not require a fence that will block Key Deer movement, but rather a
security gate at the entrance to protect the safety of its students. Therefore, Sea camp
expects no difficulty in acquiring U.S. Fish & Wildlife Service approval of its security
gate.
THIS DOCUMENT IS FOR INTERNAL REVIEW AND COMMENT
NOT FOR DISTRIBUTION
Habitat Conservation Plan
for Florida Key Deer
(Odoeoileus virginianus elavium)
and other Protected Species on
Big Pine Key and No Name Key,
Monroe County, Florida
Prepared for:
u.s. Fish and Wildlife Service
1339 20th Street
Vero Beach, Florida 32960-3559
Prepared by:
Monroe County
2798 Overseas Highway, Suite 410
Marathon, Florida 33050
Florida Department of Transportation, District VI
1000 NW 111 th A venue, Room #6101
Miami, Florida 33172
Florida Department of Community Affairs
2796 Overseas Highway, Suite 212
Marathon, Florida 33050
With assistance from consultants:
URS Corporation
700 S. Royal Poinciana Blvd., Suite 1000
Miami Springs, Florida 33166
April 2003
REVISED OCTOBER 2003
. BigPil'le:K.ey I- Deer Locations I
.
.
No NJameKey
--.
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,
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.f,l,
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O......,..,"'i,.'.."pmOQ Peet ."",.,r -~
,', .."_k',,~,~' , '/' ~",I;.
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Figure 2.1. Key deer locations from telemetry data (Lopez 2001)
13
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1. A change in carrying capacity. Urban development displaces and modifies Key
deer habitat, therefore affecting the capacity of the remaining habitat to sustain
Key deer.
2. An increase in human-induced Key deer mortality. A change in the amount of
development and resulting changes in the human population may in turn result in
changes in the mortality of Key deer caused by motor-vehicle collisions,
entanglement in fences, and other human-related effects.
Therefore, in order to address impacts to carrying capacity and mortality, the spatial
model includes a carrying capacity and a "harvest" (i.e., human-induced mortality) grid.
The grids represent the entire study area as an array of lOx 10 meter cells; each cell's
value represents its contribution to the total carrying capacity or harvest of the study area.
A weighting factor grid supported the development of the carrying capacity and harvest
grids. The objective ofthe weighting grid was to address location-specific conditions
that affect carrying capacity and harvest. For example, two grid cells ofthe same
vegetation type may contribute differently to the carrying capacity of the Key deer
depending on their proximity to canals: a pineland cell located in the middle of a large
pineland area would provide better habitat to the Key deer than an isolated pineland cell
surrounded by canals. Similarly, development of a pineland cell near US-1 would create
a lesser vehicle collision impact (due to shorter travel distance to US-I) than
development of a pineland cell located far from US-1 (due to the longer travel distance to
US-1 ),
Six parameters entered into the weighting factor grid (Figure 2.4):
. House density. Development in areas with higher house density would have a lesser
impact on the deer than development in areas with lower house density.
. Deer corridors. Development outside Key deer corridors would have a lesser impact
than development in areas within Key deer corridors.
. Patch quality: Development in smaller, fragmented habitat areas would have a lesser
impact on the Key deer than development in larger, uninterrupted habitat areas.
. Deer density: Development in areas of low Key deer density would have a lesser
impact than development in areas of high density.
. Distance from US-I. Development near US-1 would have a lesser inlpact on the Key
deer than development farther from US-I.
. Water barriers. Development in areas with canals would have a lesser impact 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.
27
,--
<,;>\
L1.~t
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.. .
':"""
,-
Deer Corridors Deer Density House Density
, ~.;..,
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Figure 2.4. Six grid layers used to generate weighting factor grid
(Darker shades = Higher value for the deer)
28
Grid Layers from Population Viability Analysis
Lighter Shades = Lesser Deer Value
DEER CORRIDORS ' DEER DENSITY
HOUSE DENSITY WATER BARRIERS
~ ~.
g ...n.. :
-- ~~.~- :_fl.'.;...;........_"._._~c
2.4.3 PV A Model Analysis and Results
The final PV A model includes the matrix model of population dynantics and the spatial
model, which allows for addressing development impacts. The program RAMAS
Metapop (Applied Biomathematics, Inc.) was used to run the model. The model provides
estimates of population size, probability of extinction, and other risk estimates.
In a model "run," the model multiplies the initial population number per stage class tinles
the matrix; the result represents the number of Key deer in each stage class one year later.
The model then multiplies this new number by the matrix again to generate the
population number for year two. The model run simulates 100 years. This process is
repeated 10,000 times. To account for stochastic events, the computer randomly varies
matrix parameters and hurricane probabilities, within documented ranges (Lopez 2001).
The final model run result represents the average of the 10,000, 100-year iterations.
To estimate the effects of increasing levels of development on the Key deer population,
10 scenarios were evaluated with the Key deer PV A model, beginning with a no action
scenario, which represents initial conditions (prior to the construction of the US-1
projects). For any given scenario, the model chose the least valuable vacant parcels and
assumed the parcels were developed. As parcels are selected, the spatial model
calculated the change in carrying capacity (K) and harvest (H), under the assumption that
the total K or H ofthe parcel was affected. The total K or H for a parcel is the sum of the
value for each 10xlO-m grid cell inside the parcel. A cell is counted within a parcel if
>50 percent of its area is inside the parcel.
The change in K and H values, which represent the direct effects of development, are
then input into the matrix model. The change in K represents the reduction in the
carrying capacity of the area due to habitat loss; the change in H represents the additional
percent ofhunlan-related mortality, or "harvest," due to the combined effect of habitat
loss and increased human activity. Therefore, the model run simulates the effect of
development on the Key deer population through time.
The model runs provide an estimate of the risk of extinction in 100 years and the risk of
quasi-extinction, here defined as the risk that the population falls below 50 individuals
(females) at least once in 50 years (Table 2.2). Both are expressed as probabilities. The
model also estimates the average additional human-induced mortality (number of female
deer).
Results suggest that the probability of extinction of the Key deer in 100 years is less than
one percent, even in the presence of levels of development above initial conditions
unlikely to occur in the project area (Table 2.4). Model results also indicate the
probability that the Key deer population will fall below 50 females at least once in 50
years is 2.2 percent even with no further development and without the US-1 projects
already completed. As expected, the model suggests that annual human-induced
mortality is likely to increase with the intensity of development.
30
First, the method to assign H to a development activity must address the diversity of
development types. The model runs assumed development on vacant parcels and further
assumed that the impact of development was equal to the entire H of the parcel.
However, development activities will also occur on already developed parcels and may
involve expansion of existing facilities or redevelopment ofthe parcels to the same or a
different land use. Also, road paving or widening must be addressed.
Second, the method to assign H to a development activity must recognize that different
land uses cause different levels of human activity (and, therefore, different potential
effects on Key deer). For example, other things being equal, a single family residence
and a 3,000 square foot store would have different effects on the level of traffic generated
and, therefore, on the risk of Key deer road mortality.
In order to assign H to any development activity, the Applicants developed a method that
meets the two conditions described above. The main premises of the method are:
1. If development occurs on an undeveloped parcel, the impact equals the H of the
parcel: We assumed that an undeveloped parcel is fully available to the Key deer
and that new development affects the habitat value of the entire undeveloped
parcel. Therefore, the impact of such development equals the H of the entire
parcel.
2. If development occurs on a developed parcel, the impact of development equals
the H of the footprint of the additional development: We assume that the impact
of existing development has been already realized; therefore, the H of
development that occurs in parcels that are already developed is associated with
the footprint of the additional activity instead of the entire parcel area.
3. The effect of the development activity depends on the type of development or land
use: Because roadway mortality is the largest cause of human-related mortality of
Key deer, the H value for a development activity is multiplied by a factor that
accounts for the traffic generated by the specific land use or type of activity
(Table 2.5).
Based on these three premises, we can assign an H value to any anticipated development
activity (Table 2.6).
32
Table 2.5. H mu1tipli~r for land use development categories I
Average Daily Trip
Land Use Generation 2 H Multiplier
Single fanlily residential 9.5 1
Fences only -- 0.23
Auxiliary uses -- 0.23
Retai I 70.0 7.4 (per 1,000 sq. ft.)
HoteVMotel 7.9 0.8 (per room)
Office 5.9 0.6 (per 1,000 sq. ft.)
Institutional 13.0 1.4 (per 1,000 sq. ft.)
Industrial 5.0 0.5 (per 1,000 sq. ft.)
Recreational 67.0 7.0
I The multiplier is based on traffic generation because vehicle collisions with Key deer is the most
important human-related cause of mortality for the Key deer.
, Average daily trip generation was estimated from the Institute of Traffic Engineers Manual; daily trip
generation by land use has not been verified for the Florida Keys.
3 Fences and auxiliary uses, as dermed in the Monroe County Land Development Regulations. are assumed
to cause no additional traffic impacts; they were assumed to cause habitat loss (change in K), which has a
lesser effect on the matrix model than changes in H,
2.4.5 The Tier Svstem: A Planning Tool to Manage Development and Conservation
Based on the Key deer studies done under this HCP and the resulting spatial model,
Monroe County developed a conservation priority classification for private undeveloped
lands in the study area. The private undeveloped lands in the study area are classified
into three "Tiers" (Table 2.7 and Figure 2.6). Tier 1 lands are higher quality habitat. Tier
3 lands are the lowest quality habitat. The majority of parcels in Tier 2 and Tier 3 is
interspersed among developed parcels and among canals. These areas provide little
habitat value to the covered species. The tier classification helped in determining the
location of potential new development and prioritizing mitigation areas.
33
Table 2.7. Tier classification system (vacant privately-owned lands)
Area (acres)
Big Pine No Name
Tier Description Key Key
1 Lands where all or a significant portion of the land area is 973.4 217.0
characterized as environmentally sensitive and important for
the continued viability of Hep covered species (mean H per
10x1O meter cell = 0.259 x 10-3). 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.
2 Scattered lots and fragments of environmentally sensitive 101.6 0
lands that may be found in platted subdivisions (mean H per
10 x10 meter cell = 0.183 x 10-3). A large number of these
lots are located on canals and are of minimal value to the Key
deer and other protected species because the canal presents a
banier to dispersal.
3 Scattered lots within already heavily developed areas that 58.5 0
provide little habitat value to the Key deer and other protected
species (mean H per 10x10 meter cell = 0.168 x 10-3). ~
of the undeveloped lots in this Tier are located between
existing developed commercial lots within the US-1 corridor
9r are located on canals.
Total 1133.5 217.0
35
Habitat management of county lands should commence Keys-wide during FY 2002-2003
that begins October 2002, contingent upon funding approval. Larger tracts of land will
receive priority for management. These lands are primarily conservation lands acquired
through grants from the Florida Conm1Unities Trust, for which contract requirements
necessitate immediate management. Management of remaining county lands throughout
the Keys will be prioritized depending upon several factors including logistics, habitat
quality, presence of rare species, and the character of the adjoining lands.
Federal, state, and county agencies also work together to jointly manage larger tracts of
undeveloped land in which all are landowners. Within the project area this land is
primarily pinelands. Management of pineland habitat will be addressed in a Fire
Management Plan for Big Pine Key and No Name Key, which is currently being
developed by the Lower Keys Wildland Fire Hazard Reduction Initiative. Prescribed
burning will be conducted by all three agencies in the project area where there is
contiguous pineland habitat. Individual undeveloped lots that cannot be burned because
they are between developed properties will be maintained free of solid waste and non-
native invasive plants and allowed to grow to hammock vegetation.
3.4 Covered Activities
This HCP addresses the incidental take of protected species that may result from
development activities in Big Pine Key and No Name Key in the next 20 years. The
types of activities covered under this HCP include residential development, commercial
development and expansion, community and institutional facilities, and transportation
improvements.
The Applicants anticipate the following development activities will occur in the covered
area in the 20-year permit period and within a total H = 1.1:
. New Residential Development: A maximunl of 200 residential units.
. Non-Residential Private Development: The county will authorize limited non-
residential development as well as expansion or redevelopment of commercial
facilities and community organizations such as religious institutions and civic
clubs. The Applicants anticipate that no more than 60,000 square feet of floor
area will be added over 20 years.
. Recreational and Community Facilities: The county anticipates the development
of recreational and conmlunity center facilities, including passive public parks,
and neighborhood "pocket" parks, as well as the expansion of the existing public
library .
. Public Facilities: Several public facilities are anticipated over the next 20 years,
such as a sewage treatment plant, public office space, and the expansion of the
existing emergency response facility.
40
-
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of 10 units) or a total H = 0.022 (two percent of the total H), whichever results in
a lower H.
. No new development other than single family residential and accessory uses will
be permitted in Tier 1.
. No development will be permitted which may interfere with Key deer movement
along the Sands corridor, as shown in Figure 5.2. With the completion of the Key
deer underpasses and the proposed widening of US-l along the business segment
on Big Pine Key, native habitat in the Sands Subdivision area constitutes the main
corridor connecting Key deer habitat south and north of US-1 (Figure 5.2).
:m ~,lil;;
~ " ~1i' err",,__,_
_I "'.. ''''',
"~ .',.,.. I- "li~ ~ariner's ~::~
",i\ ,s,fIj., a.ln ':',~ _ T~'
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,'ftG.~;;;;; . ....,...._....~~ ~
>i ilI~~.~ _ It) -.'\ ill' ....
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------ _.__.- ...- _.' --..----.-.- _..~
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,;
0 2000 Feet
Figure 5.2 Key deer corridor across Sands Subdivision
. New residential and commercial development will occur progressively over 20
years, thus minimizing the extent of construction impacts that occur at any given
time.
. New commercial development will be limited to infill in existing commercial
areas on Tier 2 and Tier 3 lands, mainly along the US-I corridor on Big Pine Key.
This includes all current commercially zoned areas south of Lytton's Way. All
new commercial development would be limited to disturbed or scarified lands, as
50
Source: October 2003 HCP annotated to show closeness of critical Key Deer corridor to two other
community organizations classified as Tier ill in the LCP.
defined in the Monroe County Code (9.5-4 [D-14][S-2]). Clearing of pine lands
and/or hammock will not be permitted for commercial development activities.
. Expansion of private non-residential facilities will be restricted primarily to
within the US-1 corridor, as described above,
. The modified RaGa will continue to give new development priority to Tier 3
over Tier 2 and Tier 1 lands.
. New recreational and community facilities development would be restricted to
existing developed areas that are either already publicly owned or acquired for
that purpose.
. Minor recreational and community facilities will be restricted to areas within
existing improved subdivisions.
. Community organizations' development will be restricted to expansions, on
existing applicant-owned land, up to the buildable area limits per Monroe County
Code. No clearing of native habitat will be permitted for these expansions.
. Speed limits, traffic calming devices, and other measures will be applied to lower
the probability of Key deer/vehicle collisions on County roads.
. Public infrastructure development will be restricted to disturbed lands as defined
in the Monroe County Code (9.5-4 [0-14][S-2]).
. No new fences will be allowed in Tier 1 lands, unless they are authorized by the
Service.
. No additional fences will be allowed in the US-1 commercial corridor.
. Fences will be subject to restrictions and guidelines established in agreement with
the Service.
. FOOT will avoid impacts to wetlands during US-1 three-Ianing.
. Accessory uses will be permitted on lots adjacent to existing developed lots only
in Tier 2 and Tier 3 lands. Residential accessory uses would be limited to those
listed in the Monroe County Code (Chapter 9.5-4[A-2]).
. No development will be allowed in wetlands that are Lower Keys marsh rabbit
habitat. Road widening activities along US-1 would occur within existing cleared
and fIlled portions of the FOOT right-of-way.
. The county will implement an animal control education program to educate the
public regarding the potential negative effect of domestic predators on the Lower
Keys marsh rabbit.
. The county will evaluate the need and feasibility of additional regulatory
measures to control the spread of domestic predators. If deemed necessary and
feasible, measures will be enacted within five years from permit issuance.
51
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About Seacamp Association, Inc.
Executive Summary
Seacamp Association, Inc.was incorporated in 1966 as a 501(c)3 organization on Big
Pine Key. It operates a residential summer marine science camp for teenagers and a day camp
program for children aged 10-12 years (Seacamp). Its school-year residential program hosts
visiting school groups, 4th grade through college levels (Newfound Harbor Marine Institute).
Each year these two programs average 26,000 student-days of participation. (A student day is
defined as a student being on the site for 24 hours.) School students have come from 50 of
Florida's 67 counties and 15 other states. Summer campers attend from more than 40 states
and 12 other countries. Approximately 700,000 young people and teachers have attended these
programs over the past 40 years.
Monroe County schools participating in the residential three-day programs come to
Seacamp at a 50% discounted fee, and Pre-K through 5th grades come for one-day on-site
programs at no fee. Since 1995 nearly 4,000 Monroe County youth have participated in
Seacamp/NHMI programs. Monroe County students from all local high schools are invited to
participate in our Rotary International Exchange Student program at no charge each February.
Seacamp Association has for 20 years awarded scholarship programs to Monroe County
students and teachers. In each of those 20 years an entire grade level at Sugarloaf Elementary
School has been invited to participate for a day at Seacamp at no charge. For the most recent
five-year period calculated, Seacamp and NHMI provided internal scholarship programs valued
at more than $400,000 to local youth and teachers. Grants, in excess of 1.5 million dollars over
the past ten years from the Florida Department of Education, Florida Department of
Environmental Protection, South Florida Water Management District and the National Marine
Sanctuaries program (NOAA), have also supported Monroe County projects and scholarships.
Seacamp Association annually sponsors a three-day teacher workshop open to all
teachers in the USA, as well as an experiential environmental education teacher workshop
specifically for Monroe County teachers.
For ten consecutive years grants from the US Department of Commerce have been
awarded to Seacamp to host professional scientists, environmental education administrators
and camp directors from Russia and Ukraine. These Internships provide 4-5 months of training
at the Seacamp/NHMI site. Through this international program Seacamp has helped to establish
17 similar programs in Russia and Ukraine, from the Black Sea to Lake Baikal in Siberia, and on
to Vladivostok on the Sea of Japan. These federal grants have exceeded $500,000.
Seacamp conducts a 6-8 week training program for 70-80 college-aged interns each
year. These interns reside in student dorms. In addition, 16-20 college graduates are employed
seasonally as science instructors. These instructors are currently housed in dorm-style
houseboats adjacent to our shower house.
Seacamp employs a core staff of 45 year-round Lower Keys residents. Approximately
one-third of our core staff have been Seacamp employees for 10-40 years.
Seacamp administrators are active participants in the Big Pine and Lower Keys Rotary
Club and recently received recognition from the Lower Keys Chamber of Commerce for their
long term membership. Seacamp and NHMI are accredited through the high standards of the
American Camping Association (ACA).
See attached pages for more detailed information.
Seacamp Association, Inc.
Special Initiatives and Achievements
Seacamp Association, Inc. has contributed many hours and expertise toward
promoting environmental conservation and environmental education at the local, state,
national and international levels:
County and State Level Initiatives and Achievements
. In 1988, coordinated the founding and incorporation of the Monroe County
Environmental Education Task Force (now the Monroe County Environmental
Education Advisory Council).
. Have received more than $1.5 million in grants since 1990 from the Florida
Departments of Education (DOE) and Environmental Protection (DEP), as well as
the South Florida Water Management District, to provide special programs and
scholarships for Monroe County students.
. Seacamp found funding from the State to write, publish and distribute both editions
of The Florida Keys Environmental Story and to provide copies to all classrooms in
Monroe County.
. In 1969-71, worked with the Governor's office and Ken Woodburn to successfully
spearheaded the effort to earn state aquatic preserve designation for Coupon Bight,
Big Pine Key, Florida.
. In 1984-85, worked with the Florida Department of Natural Resources to develop a
management plan for the Coupon Bight Aquatic Preserve. Received a $68,000 grant
for this project.
. In 1985, nominated Coupon Bight land boundaries for public acquisition by the State
of Florida through Conservation and Recreation Lands Committee (C.A.R.L.) funds
and succeeded in having these privately owned lands, added as a buffer zone for
the Coupon Bight Aquatic Preserve and to the C.A.R.L. acquisition list.
. In 1986, successfully encouraged the Trust for Public Lands to acquire purchase
options on ecologically sensitive beachfront lands and Cactus Hammock, slated for
condominium development on Big Pine Key.
. In 1986-89, Irene Hooper was appointed by the Governor of Florida to serve a three-
year term on the Florida Advisory Council on Comprehensive Environmental
Education (FACEE). She also served a two-year term on the Environmental
Education Foundation of Florida, which was established by the Legislature to
replace F ACEE.
. Seacamp Director Grace Upshaw is a member in the 2003 Leadership Monroe
program.
. Seacamp program directors and science instructors provide environmental
education activities for many local events, including the Envirothon and the the
annual Rotary Kids Karnival.
County and National Level Initiatives and Achievements
. From 1976-1980, worked on process of designating Looe Key Reef as a National
Marine Sanctuary.
. Executive Director Irene Hooper was appointed by the U.S. Secretary of Commerce
to the Florida Keys National Marine Sanctuary Advisory Council (SAC), upon
recommendation of the Governor of Florida, and served for six years (1990-1996).
In 1995-1996 she chaired the SAC's Education Working Group to design an
education action plan for the Florida Keys National Marine Sanctuary.
County and International Level Initiatives and Achievements
. Seacamp hosts the annual "International Weekend for Environmental Education" for
local Monroe County and exchange high school students in conjunction with Rotary
International and six Florida Rotary Districts. This is co-sponsored by the Big Pine
and Lower Keys Rotary Club.
. Irene Hooper was a facilitator and faculty member for training conferences for
Russian camp directors, at the 1995 national conference of the American Camping
Association in Orlando, Florida and in the Republic of Mari-EI in central Russia in
1997.
Recognition and Awards Received by Seacamp Association
. In 2003, Seacamp Association, Inc. was presented with the International Underwater
Foundation's most prestigious honor, the Environmental Enrichment Award. The
IUF Board of Directors voted unanimously to award this honor to Seacamp in
recognition of its environmental education mission and accomplishments since 1966
in carrying out our NAUI scuba programs.
. In October 2002, Seacamp Director Grace Upshaw was awarded Honorary
Membership in NAUI Worldwide (National Association of Underwater Instructors).
The NAUI Board has conferred this honor on only four other individuals since
inception. These previous honorees include: the late Jacques Yves Cousteau,
internationally renowned undersea explorer, filmmaker, Captain of Calypso and
inventor of the aqua-lung; the late Lloyd Bridges, star of the early TV series "Sea
Hunt"; and Zale Perry, co-star of "Sea Hunt".
. In 2001 Seacamp received a Certificate of Appreciation from the U.S. Department of
Commerce for outstanding contributions to the Special American Business
Internship Training program and U.S.-Russia relations.
. In 1997 Seacamp received the "Eleanor Ells Award for Program Excellence",
presented by the American Camping Association to Seacamp for its environmental
education programs for camps in Russia and Ukraine.
. The 1997 "Leadership Award" was presented to Seacamp at the national conference
of the Russian Camping Association, St. Petersburg, Russia.
. In 1996 The League of Environmental Educators in Florida (LEEF) "Founders
Award" for education leadership was presented to Irene Hooper, Executive Director
& Founder of Seacamp Association, Inc.
. In 1993 Seacamp was the first recipient of the "Florida Governor's Environmental
Education Award".
. Seacamp received the National "Take Pride in America Award" in 1986.
RESOLUTION NUMBER r 1 -2003
A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS RELATING TO THE LIVABLE COMMUNIKEYS
MASTER PLAN FOR BIG PINE KEY AND NO NAME KEY;
CHANGING THE TIER DESIGNATION FOR SEACAMP PROPERTY
FROM TIER I TO TIER III.
WHEREAS, the Livable CommuniKeys Master Plan for Big Pine Key and No
Name Key, Draft Four, designates approximately 12 acres of land that is owned and
operated by Seacamp Association, Inc. as Tier I land; and,
WHEREAS, Seacamp's property is depicted as Private Developed Land and not as
Tier I in the October 2003 Habitat Conservation Plan for Florida Key Deer (Odocoileus
vitginianus clavium) and other Protected Species on Big Pine Key and No Name Key,
Monroe County, Florida, as transmitted for final review and approval to U.S. Fish &
Wildlife Service,; and,
WHEREAS, tier designations for already developed land are created in the
Livable CommuniKeys Plan, not in the Habitat Conservation Plan; and
WHEREAS, the Livable CommuniKeys Plan, Draft 4, clearly states that, "The
Tier Map for Big Pine Key and No Name Key has been developed based on relative
wildlife quality as defined in the HCP" (emphasis added); and
WHEREAS, Tier I lands are defined in the Livable CommuniKeys Plan, Draft 4
as "Natural Area," and Tier III lands as "Infill Area"; and
WHEREAS, Seacamp's facilities are operated on mostly filled and scarified land
which has been in that condition for almost 50 years, is not located core habitat areas, and
has low habitat sensitivity, so is clearly not "Natural Area"; and,
WHEREAS, other already developed sites located in and close to areas of high
habitat sensitivity have been designated Tier III in the Livable CommuniKeys Plan, Draft
4; and
WHEREAS, a Tier I designation is not appropriate for Seacamp and it should be
changed to Tier III.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the designation in the
Page 1 of2
.
Livable CommuniKeys Master Plan for Big Pine Key and No Name Key, Draft Four, of
approximately 12 acres of land owned by Seacamp Association, Inc., and located on Big
Pine Key at the end of Big Pine A venue shall be changed from Tier I to Tier III.
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.
Mayor Murray Nelson
Mayor Pro Tern David Rice
Commissioner George Neugent
Commissioner Dixie Spehar
Commissioner Charles 'Sonny' McCoy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor Murray Nelson
(SEAL)
Attest: Danny L. Kolhage, Clerk
By:
Deputy Clerk
Page 2 of2
7725647393 USFWS PAGE 02/03
12/17/2003 10:41
United States Depar1ment of the Interior
FISH AND 'WILDLIFE SERVICE
South Florida Ecological Services Office
1339 20rh Street
Vero Beach. Florida 32960
December 17t 2003
Seacamp Association, Incorporated
clo Irene Hooper
1300 Big Pine Avenue
Big Pine Key, Florida 33043
Service Log Number: 4-1-~ TA-4897 (FEMA)
Applicant: Seacamp Association, Incorporated
Date: November 17, 2003
CO\1I1ty: Monroe
Deat Ms. Hooper:
Thank you for your request for technical assistance with the Fish and Wildlife Service (Service)
on your project which involves t'enovation and replacement offaci1ities, elevation of buildings
for stonn protection, and additions to facilities to enhance the marine environmental education
programs at Seacamp. The project is located at 1300 Big Pine Avenue, Lots 1-1~ Block E and
Lots 16-28, Block F, Piney Point Subdivision, Big Pine Key, Monroe County, Florida. The Real
Estate numbers are 00246950-000000, 00246960-000000, 00246970-000000, 00246980-000000,
0024699o-000000,00247000~000000~OO247140-000000,0024715~OOOOoo.002471~OOOOOO,
00247170-000000, and 0024718~OOOOOO.
The Service believes the elements of your project that involve replacement or renovation of
existing buildings on the property, as described in the information submitted, will not increase
risk to any threatened or endangered species or critic:al habitat.
In regards to elements ofyout project that involve new or additional constnlction beyond what
already exists on the property, these projects may result in increased traffic and may result in
''take'. of an endangered species.
The Service is responsible for administering the Endangered Species Act of 1973. as amended
(ESA) (87 Stat. 884; 16 V.S.C. 1531 et seq.). Section 9 of the ESA prohibits unauthorized take
of listed species. Take means to harm, harass, pursue, hunt, shoot, wound, kill. trap, capture.
collect, or attempt to engage in such activity. Harm is further defined to include significant
habitat modification or degradation that results in death or injury to listed species by significantly
impairing behavioral patterns such as breeding, feeding, or sheltering. Harass is defined as
actions that create the likelihood of injury to listed species to such an extent as to significantly
disropt normal behavior patterns which include, but are not limited to, breeding, feeding, or
sheltering. Section 10 of the ESA provides an exception to the section 9 prohibitions through the
TAKE PRIDE.~
INAMERICA~ Q. \~
, 7725647393 USFWS PAGE 03/03
12/17/2003 10:41 Sea.c::amp AsSociation, Incorporated
December 17 t 2003
Page 2
"incidental take permit" process. Incidental take is defined by the BSA as take that is incidental
to, and not the purpose ~ canyjng out an otherwise lawful activity. The incidental take section
10 permit process requires completion. of a permit Clpplication and a Habitat Conservation Plan
(HCP).
The Service cannot make a determination regarding risk to threatened and endangered species
associated with. possible traffic impacts from this construction with out a review of a HCP and
incidental take permit application for impacts to listed species. However, the Service bas
examined the location of Seaca.mp and the existing scarified and developed na.tU1:'e of the
property, and believes that habitat suitable for listed species would not be affected by the
proposed new or additional construction.
Upon completion of review and final approval of the habitat conservation plan for Big Pine and
No Name keys that has been filed with the Service by Momoe Cotmty. a mechanism will be
established for evaluation of new proposed construction on these islands. You may wish to avail
yourself of1bat process, when in place, or you may submit a Rep and incidental take pennit
application separately for Seacamp.
Please note that Service approval of this project in no way implies compliance with other
Federal, State, coW\ty, or municipal regulations. It is the applicant's responsibility to ensure that
the project meets aU applicable regulations.
Thank you for your assistance in protecting the environment of the Florida Keys. If you have any
questions, please contact Winston Hobgood at 772-562-3909, extension 306.
Sincerely yours,
J~f),fj}~ f?
James J. Slack
Field Supervisor
South Florida Ecological Services Office
cc:
Monroe County Growth Managemen4 Marathon. Florida (Tim McGarrylMarlene Conway)
MEMORANDUM
TO: Board of County Commissioners of Monroe County
K. Marlene Conaway, Director Planning and Environmental Resources
FROM: Earl G. Gallop, General Counsel for Seacamp Association, Inc.
DATE: December 16, 2003
RE: LCP/ Amendment to 2500 foot/year limitation
LCP, p. 48, Action Item 5.1.2: Limit floor area allocations to 2.500 square feet per
organization. per year. <Floor area may be accumulated by a community organization
over multiple years in amounts sufficient to meet the needs of an approved master plan
or an application for a development permit.>
." ~ / LOWER KEYS P.o. Box 430511
' - ,
I 31020 Overseas Highway
'/
~. ,'. -'
~'/ Mile Marker 31
.41!1 CHAMBER OF COMMERCE Big Pine Key, FL 33043-0511
;I Phone: (305) 872-2411 or (800) 872-3722 Fax: (305) 872-0752
Email: Ikchamber@aol.com - Website: WWW.lowerkeyschamber.com
I
Oll~~
T.~
December 16, 2003 ----- -.
To whom It may concern:
Seacamp Association Inc. (Newfound Harbor Marine Institute) has been a member In good
standIng of the lower Keys Chamber of Commerce and an Integral part of the lower Keys
busIness communIty for well over 30 years.
Operators Irene Hooper and Grace Upshaw are foundIng members of Big Pine & lower Keys
Rotary Club, and well-respected busIness women who share a sense of communIty sprrlt and
pride.
The lower Keys Chamber refers callers to their environmental programs every month. The site
location is Ideal for this program because It Is located off US HIghway 1 and thus provides a
greater protection to the children by keepIng them away from the main traffic flow. Seacamp's
site also has good accessIbility for 26 dIfferent envIronmental areas for teaching.
The Seacamp sIte has been In contInuous use since the 1950's. Seacamp was recently honored
with the Environmental Enrichment Award by the NatIonal Association of Underwater Instructors.
The lower Keys Chamber is proud to have Seacamp Association, Inc. as a valued member.
J;~rr~
Carol A. FIsher
Executive Director
CAF:blb
Enclosure
THIS DOCUMENT IS FOR INTERNAL REVIEW AND COMMENT
NOT FOR DISTRIBUTION
Habitat Conservation Plan
for Florida Key Deer
(Odocoileus virginianus clavium)
and other Protected Species on
Big Pine Key and No Name Key,
Monroe County, Florida
Prepared for:
u.s. Fish and Wildlife Service
1339 20th Street
Vero Beach, Florida 32960-3559
Prepared by:
Monroe County
2798 Overseas Highway, Suite 410
Marathon, Florida 33050
Florida Department of Transportation, District VI
1000 NW 111 th A venue, Room #6101
Miami, Florida 33172
Florida Department of Community Affairs
2796 Overseas Highway, Suite 212
Marathon, Florida 33050
With assistance from consultants:
URS Corporation
700 S. Royal Poinciana Blvd., Suite 1000
Miami Springs, Florida 33166
April 2003
REVISED OCTOBER 2003
. Big Pine 'Key I- Deer LocatIons I
.
.
No NameKey
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, . '}j,j
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Figure 2.1. Key deer locations from telemetry data (Lopez 2001)
13
NAGINGALLOP FIGUEREDOP.A.
Attorneys & Counselors
3225 Aviation Avenue - Third Floor
Telephone: (305) 854-5353 Miami, Florida 33133-4741 Facsimile: (305) 854-5351
MEMORANDUM
TO: Hon. Murray Nelson, Monroe County Mayor
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
SUBJECT
Seacamp Association, Inc. plans to redevelop and moderately expand its facilities. It does not plan to
increase its student capacity, but a small increase in administrative and security staff is expected.
The proposed master plan (LCP), Draft Four, December 2003, severely limits Seacamp's ability to
expand critical facilities and to provide affordable employee housing. Seacamp requests that the
proposed designation in the LCP of its 12-acre property be changed from Tier I to Tier III. Seacamp
further requests that the staff recommendation to limit institutional expansion to 2500 sq. ft. per year
be eliminated or increased, and that authorized employee housing be increased above 4 units over 20
years.
DISCUSSION AND ANALYSIS
Seacamp supports the purposes of the proposed: (1) HCP to protect endangered species, and (2) the
LCP to direct the growth and development of Big Pine Key while protecting valuable wildlife habitat
and enhancing the character of the community. Seacamp appreciates the willingness of the planning
staff to make numerous changes to the text of the LCP. However, the designation of Seacamp
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./year, the
extraordinary limit on employee housing, and other restrictions threaten the viability of Seacamp.
The proposed restrictions on Seacamp are contrary to the strong statement of community support in
the Development Alternatives Report that "All... community non-profit organizations will expand
to the maximum possible coverage of land currently owned" will be considered in all planning
scenanos.
T3 / o. \ 8-
To: Hon. Murray Nelson, Monroe County Mayor
November 20, 2003
Page 2 of3
Introduction to Seacamp. Seacamp is an internationally recognized marine science educational
institution. In its approximately 40 years of operation, Seacarnp has educated over 700,000 students
about the marine environment that surrounds us. Seacamp has awarded scholarships valued in
excess of $400,000 to Monroe County residents since 1995. It is a major employer on Big Pine Key
and a vital part of the economy of the island. Seacamp has been very active in local conservation
efforts, and nominated the Coupon Bight State Aquatic Preserve and Buffer Zone for designation.
The founders chose a scarified resort property for its location. See Attachment C.
Tier I desil!Dation. 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.
LCP, p.32. All land will be classified into three tiers based on conservation and infill priorities. Id.,
p.4. Tier I is reserved for natural areas with high habitat sensitivity. Tier II lands are "Transition and
Sprawl Reduction Areas" and Tier III lands are infill areas. Id., p.23. Growth will be directed to
infill of existing subdivisions and commercial areas (Tier 111), and heavily restricted in 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).
Seacamp's property should be classified as Tier III infillland because its facilities are located on
mostly filled and scarified land. Seacamp property is depicted in the HCP as Private Developed
Land, not as Tier I. See HCP, 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, 2003 letter to Ricardo Calvo,
PhD, Attachment H.
Designation of Seacamp as Tier I is also inequitable. St. Peter's Catholic Church property is
classified as Tier III. LCP, at 47. St. 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 Church and Mariner's Resort are located in close proximity to core
habitat for Key Deer and Marsh Rabbit (within the 500' buffer). See Attachment G.
Limit expansion to 2500 SQ. It/vr. The proposed LCP limits floor area expansion for community
organizations to 2500 sq. ft./yr. per organization. Lep, p. 48, Action Item 5.1.2. For example,
Seacamp 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 projected
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 staff to accommodate Seacamp' s institutional needs is acknowledged. See,
e.g., id., p. 45, Action Item 4.1.4 (redevelopment and expansion of institutional uses allowed in Tier I
on scarified land). However, the expansion limitation is not consistent with Seacamp's needs or the
community vision for community organizations.
Limit employee housinS!;. The LCP authorizes employee housing in Tier I if certain requirements
To: Hon. Murray Nelson, Monroe County Mayor
November 20, 2003
Page 3 of3
are met (p. 39, Action Item 3.1.5.), but appears to limit all employee housing on Big Pine Key in Tier
I to only 4 units. Id., p. 41, Action Item 3.2.6. Four units of employee housing over 20 years is
obviously insufficient. The solution is to either change the Seacamp designation to Tier III, or to
increase the allocation and substantially revise the criteria. See Attachments B and B 1.
Tier II desimation is not appropriate. A Tier II designation is not a suitable compromise solution.
Tier II contains restrictions that do not permit Seacamp to redevelop and moderately expand its
facilities. See, e.g., pAO, Action Item 3.2.2.b. (Tier III applications begin with 0 negative ROGO
points, but Tier II applications begin with minus 10 points). See Attachments B and B 1.
Additional concerns. Attachments B and B 1 identify additional concerns regarding the proposed
LCP.
Seacamp participated in the LCP process. Seacamp has participated extensively in the HCP and
LCP planning process. It has exercised all opportunities to provide comments to planning staff and
the Planning Commission. See Attachment A.
RECOMMENDATIONS
1. Amend the LCP to change the designation of Seacamp'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 be based on impact on habitat, as provided in the
HCP. Alternatively, increase the floor area allocation to 5,000 sq. ft./yr., or allow
institutions to accumulate floor area over successive years.
3. In the event the designation of Seacamp property is not changed to Tier III, extensive
adjustments will be needed to Tier I or Tier II. See Attachment B 1.
Sandra Walters eonsultants, 9nc. Seacamp Request for LCP Tier Map Correction
600 White Street, Suite 5, Key West, FL 33040 November 20, 2003
List of Attachments
Attachment A List of Efforts Made by Seacamp to Represent Concerns to County
Attachment B Summary of LCP's Approach to Community Organizations
including Seacamp in LCP Draft #4
Attachment B 1 Remaining Obstacles to Seacamp in LCP under Tier I or Tier II
Designation
Attachment C History and Description of Seacamp, including 2001 Aerial Photo
Attachment D HCP Table 2.6
Attachment E 1 HCP Figure 2.1 Showing Key Deer Locations from Telemetry Data
Attachment E2 HCP Figure 2.2 Showing Marsh Rabbit Habitat
Attachment F HCP Figure 2.4 Showing Weighting Factor Grid Layers
Attachment G Annotated 2001 Aerial Photo of Big Pine Key Showing Seacamp,
Catholic Church and Mariner's Property in Relation to Priority
Endangered Species Habitat and Other Factors
Attachment H June 19, 2003 letter to Dr. Ricardo Calvo, Ph.D.
Sandra Walters eonsultants, 9nc. Seacamp Request for LCP Tier Map Correction
600 White Street, Suite 5, Key West, FL 33040 November 20, 2003
A TT ACHMENT A
Efforts Made by Seacamp to Represent Concerns to County
Seacamp has actively monitored the development of both the Big Pine Key Habitat Conservation
Plan (HCP) and Livable CommuniKeys Plan (LCP), and has taken every opportunity available to
participate and convey issues and concerns to be addressed. This participation has included:
. Attending all HCP and LCP workshops,
. Reviewing all drafts of the documents,
. Meeting with County planning staff on May 29, 2003,
. Attending the June 11, 2003 Planning Commission meeting and providing verbal and written
comments,
. Submitting on June 19,2003 to County consultant Dr. Ricardo Calvo a letter with comments
and questions, as directed by County Planner Robert Will,
. Attending the July 9, 2003 Planning Commission meeting and providing verbal comments,
. Submitting on July 29,2003 to County Planning Director Marlene Conaway a formal request
for change of Sea camp's LCP tier designation from I to III,
. Calling and speaking directly with Dr. Calvo on August 15,2003,
. Attending a meeting with County planning staff on August 22, 2003 to review LCP and
Seacamp concerns,
. Conveying on August 29, 2003 a memorandum and copies of the Calvo and Conaway letters
to Planning Commission and County Commission members,
. Conveying on September 8, 2003 specific written comments and suggestions regarding LCP
fmal hearing draft to Planning Commission members and County staff,
. Many emails and telephone conversations with County staff,
. Addressing the Planning Commission again at the September 10, 2003 hearing, and
. Attending another meeting with County planning staff on September 19, 2003 to reiterate
remaining Seacamp concerns.
Sandra Walters Consu.ltants, 9nc. Seacamp Request for LCP Tier Map Correction
600 White Street, Suite 5, Key West, FL 33040 November 20, 2003
A TT ACHMENT B
Summary of Approach to Community Organizations
including Seacamp in LCP Draft #4
1. The Big Pine Habitat Conservation Plan (HCP) is intended to provide protection of
endangered species while the LCP "provides the framework for development activities"
(Executive Summary, 4th paragraph, page 4).
2. The LCP establishes a tier system that directs "future development to infill areas"
(Introduction, second bullet, page 13).
3. The plan provides for limited expansion of community uses, churches, and public facilities
(Executive summary, page 4, bottom).
4. The Big Pine Key & No Name Key Development Alternatives Report is described as a
companion document to the plan (Introduction, middle of page 10). This document states,
on pages 15-17:
[C]ommunity churches and other institutional uses need to be able
to address the needs of their members. Therefore, the following
list of possible community non-profit organizations will be part of
the HCP process for each alternative:. . .
2. All churches and community non-profit organizations will
expand to the maximum possible coverage of land currently
owned.
5. The 15t planning objective is to "Minimize the need for local vehicular trips on and across
U.S. 1 from north to south" (Summary ofLCP and HCP Processes, bottom of page 15).
6. The 9th planning objective is to "Provide greater certainty to the property owners and Key
deer herd managers as to the location of future development" (Summary of LCP and HCP
Processes, top of page 16).
7. Goal 1 of the LCP is to "Direct future growth to lands that are intrinsically most suitable for
development and encourage conservation and protection of environmentally sensitive lands
by using the relative wildlife habitat value ofland as the basis for development decisions..."
(page 23). Tier I lands are termed "Natural Area" and Tier III lands as "Infill Area" (2nd
paragraph, page 23).
8. Strategy 1 of Goal 1 states that tier maps will be based "on the habitat needs of federally
endangered resident species in the planning area. .." (page 24).
9. The Tier Map on page 27 shows the Mariner's Park site and Catholic Church both
designated as Tier III, but Seacamp, which is similarly scarified, is designated Tier I.
10. The HCP finds Seacamp not to be within a frequent Key deer travel area (map, page 16) or
near Marsh rabbit habitat (map, page 18). Figure 2.4 on page 48 of the HCP shows
Seacamp to be within the same distance category from US 1 as the Mariner's Park property,
and in low "deer value" for all other weighting factors.
11. Table 2.2 on page 33 establishes percentages of total H for different land uses, and provides
for 2% of the total H for Community Organizations.
Sandra Walters Consultants, 9nc. Seacamp Request for LCP Tier Map Correction
600 White Street, Suite 5, Key West, FL 33040 November 20, 2003
12. Transferable development rights (TDRs) and transferable ROGO exemptions (TREs) can be
used within the same tier category except for Tier I (Action Item 3.1.6, page 40).
13. Action Item 3.2.2 (page 40) contains a ROGO system specific to the planning area that has
the following provisions-
a. applies 0 points to Tier III, -10 points to Tier II and -20 points to Tier I, and a negative
10 points each to property in an identified Key deer corridor and within the 500 meter
buffer of Marsh rabbit habitat (section 1.b., page 40),
b. competitive point acquisition is easier in Tiers II and III than in Tier 1 , and lot
aggregation is not allowed in Tier I (section 1.c., page 40),
c. perseverance points are provided in Tier III but only in Tiers I or II if the 0 threshold
needed to enter the allocation system is achieved first (section 1.f., page 40), and
d. the only form of administrative relief in Tier I lands is purchase (section 1.g., page 40).
14. Action Item 3.1.5 (page 39) has been added to allow employee housing in Tier I, and
attempts to address Seacamp's concerns by adjusting ROGO points to 0 if five criteria are
met. However, these changes do not remove all the handicaps applied to Tier I (see 12, 13
b-d and 15).
15. Action 3.2.6 on page 41 limits allocation awards in Tier I to no more than 2% of all units in
the 20 year planning period or an H of 0.022, whichever results in a lower H. As total new
residential units are capped at 200, this would limit the total number of housing units-
employee or otherwise-in Tier I to a total of four in the next 20 years.
16. Action Item 3.3.3 on page 40 provides a minimum 20% set aside for affordable housing,
including employee housing, but this provides little benefit in Tier I or II because of other
ROGO provisions described in 12 through 15, above.
17. Strategy 4.1.4 on page 45 was changed by staff in an effort to address Seacamp's concerns.
It now provides for redevelopment and expansion of existing non-residential uses in Tier 1,
restricted to disturbed or scarified land. However, Goal 4 is focused on "redevelopment and
expansion of existing businesses and limited new non-residential uses within the US-1
Corridor..." Future application of this strategy to Seacamp, which is not on the US-1
Corridor, could be confusing.
18. Goal 5 (pp. 47-48) is specifically focused at "existing community organizations," and
provides for "limited redevelopment and expansion." Table 2.6 describes existing
institutional uses, including Seacamp, and is followed by a sentence noting that a number of
the listed institutions have expressed interest in redevelopment or limited expansion ''to
better serve the needs of the present population."
19. Staff changed Action Item 5 .1.1 (page 48) to allow expansion of institutional floor area in
all Tiers, but the change does not lift the ROGO constraints described above.
20. Nowhere in the LCP does it say that Tier III designations cannot extend more than one mile
north or south of US 1, and furthermore, this de facto constraint violates a 50-year
established component of community character at the Seacamp site.
2
Sandra Walters Consultants, fine. Seacamp Request for LCP Tier Map Correction
600 White Street, Suite 5, Key West, FL 33040 November 20, 2003
ATTACHMENT 81
Remaining Obstacles to Seacamp in LCP under Tier I or Tier II Designation
Tier I
1. No additional traffic impacts can be generated by employee housing in Tier I, regardless of
whether the property is not located in an area identified by the Hep as endangered species
priority habitat (Action Item 3.1.5, page 39).
2. Neither TDRs nor TREs can be transferred from one Tier I parcel to another (Action Item
3.1.6, page 39).
3. No aggregation of lots is allowed in Tier I (Action Item 3.2.2.c, page 40).
4. The only administrative relief after a Tier I housing applicant (employee or otherwise) has
been in the ROGO system for five years is property purchase (Action Item 3.2.2.g, page
40).
5. ROGO allocation awards in Tier I are limited to 2% of all residential units allowed over the
20 year planning period or an H of 0.022, whichever results in a lower H (Action Item 3.2.6,
page 41). As a total of200 units are allowed, 2% is a total of only four units.
6. Fencing of developed parcels in Tier II and III is "acceptable" (page 57, end of first
paragraph). Fencing of developed property in Tier I is considered to have H impact, but not
so in Tiers II or III (Action Item 8.1.l.e, page 58).
Tier II
1. ROGO applications in Tier II have to compensate for -10 points per unit to reach the
threshold eligibility of "0" required for entering the system (Action Item 3.2.2.a & b, page
40).
2. TDRs and TREs within the planning area cannot be transferred from Tier III to Tier II
(Action Item 3.1.6, page 39).
Sandra Walters Consultants, 9nc. Seacamp Request for LCP Tier Map Correction
600 White Street, Suite 5, Key West, FL 33040 November 20, 2003
ATTACHMENT C
History and Description of Seacamp
Seacamp Association, Inc. is an IRS 501(c)(3) non-profit organization that provides marine
science education for youth in its summer camp and the school season science class programs.
In its 40 years of operation, Seacamp has educated over 700,000 students about the marine
environment that surrounds us. Apart from the education experience provided by Seacamp, it is
a major employer on Big Pine Key and a vital part of the economy of the island. For 20 years,
Seacamp has provided scholarships to Monroe County students and teachers. Just since 1995,
Seacamp and the related Newfound Harbor Marine Institute have awarded 3,881 scholarships to
Monroe County residents valued at more then $400,000.
Seacamp's facilities are located on approximately 12 acres of land at the extreme southwest tip
of the island, at the end of Big Pine A venue. Most of the property was created from fill, and was
used in the early-1960s as a motel and marina. It now contains four 2-story dormitories,
administrative building, classroom and office modulars, dining hall and kitchen, laboratory,
maintenance area, marina, swim canal, and a parking area.
The property is zoned MU-mixed use and shown on the FLUM as Institutional. It is depicted on
the proposed Habitat Conservation Plan as Private Developed Lands.
~
N
Source: Monroe County Property Appraisers Office, photo taken 2001
ATTACHMENT 0
DRAFT DOCUMENT - 2/25/2003
Table 2.6. Tier classification system (vacant privately-owned lands)
Tier Description Area (acres)
Big Pine No Name
Key Key
1 Lands where all or a significant portion of the land area is 973.4 217.0
characterized as environmentally sensitive and important for
the continued viability ofHCP covered species (i.e., high H).
These lands are high quality Key deer habitat, generally
representing large contiguous patches of native vegetation,
which provide habitat for other protected species as well.
2 Scattered lots and fragments of environmentally sensitive 101.6 0
lands that may be found in platted subdivisions. A large
number of these lots are located on canals, which are of
minimal value to the Key deer and other protected species
since the canal presents a barrier to dispersal.
3 Scattered lots within already heavily developed areas, which 58.5 0
provide little habitat value to the Key deer and other protected
species. Some of the undeveloped lots in Ihis Tier are located
between existing developed commercial lots within the US-l
corridor or are located on canals.
Total 1133.5 217.0
33
DRAFT DOCUMENT - 2/2512003 ATTACHMENT E1
. SigPine Key \- Deer L ucatlvns I
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Figure 2.1. Key deer locations from telemetry data (Lopez 2001)
16
Source: March 2003 Habitat Conservation Plan, figure annotated to show location of Seacamp
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A TT ACHMENT F
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Deer Corridors Deer Density House Density
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Water Barriers Distance from US 1 Patch Quality
Figure 2.4. Six grid layers used to generate weighting factor grid (darker shades = higher deer
value)
28
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W Sandra
alters
CONSULTANTS, INC.
December 16, 2003
MEMORANDUM
TO: Mayor Murray Nelson, Comm. George Neugent, Comm. Dixie Spehar,
Comm. Sonny McCoy, and Comm. David Rice, Monroe County Commission
FROM: Sandra Walte~
Planning consultant for Seacamp Association, Inc.
SUBJECT: Issues raised in memorandum regarding Seacamp dated December 4, 2003
to Mayor Nelson from Monroe County Planning Director Marlene Conaway
We have reviewed the above-referenced memorandum and would like to make the following
observations and responses-
1. One of the community vision elements of the Livable CommuniKeys Plan (LCP) is-
"Where government regulations make sense and work for the betterment of all" (page
LCP page 16). This vision should also apply to Seacamp!
2. Tiers in the Habitat Conservation Plan (HCP) apply only to vacant privately-owned
lands. The tier designation for Seacamp's 12-acre scarified and developed property is
established by the LCP, not the HCP. Therefore, changing Seacamp's LCP tier
designation will require no changes to the HCP.
The HCP repeatedly and consistently explains that tiers were created to differentiate parcels
of vacant privately-owned lands (see attachment to this memo, which contains highlighted
excerpts from the October 2003 HCP draft). In fact, Table 2.7 (HCP page 35) is titled "Tier
classification system (vacant privately-owned lands)," and Figure 2.6 (HCP page 36) is a
map of Big Pine and No Name keys that clearly differentiates private developed lands,
including Seacamp, from lands with tier designations. Section 2.4.3 of the HCP notes that
the Population Viability Analysis (PV A) model evaluated development impacts of vacant
parcels (HCP page 30). This understanding was confirmed by telephone with Dr. Ricardo
Calvo, the author of the HCP document.
Seacamp is not located in or near critical endangered species habitat (see HCP figures 2.1
and 2.2), and has been scarified and developed for 50 years. Therefore, the LCP's
designation of Seacamp as "Conservation Lands" (aka Tier 1) is inconsistent with Goal 1 of
the LCP, which states that LCP tier designations "... are developed based on relative
wildlife quality" (see HCP Table 2.7). Classification of Seacamp as "Infill Area" (aka Tier
III) is consistent with LCP Goal l-"Direct future growth to lands that are intrinsically
most suitable for development."
3. Draft 4 of the LCP does not contain a square footage cap on expansion of community
organizations, but rather defines the cap as 2 % of H units.
At the request of several community organizations, reference to a cumulative total 10,000
square foot cap was removed from the LCP (second to last bullet on LCP Draft 3, page 29;
600 WHITE ST. SUITE 5, KEY WEST, FL 33040
LOWER KEYS & KEY WEST 305~294~ 1238 . UPPER KEYS 305~664~2342 . MIAMI 305~661~4928
FAX 305~294~2164 . E MAil SWCINC@BEllSOUTH.NET
tAl Sand....
alters
CONSULTANTS, INC.
second to last bullet on LCP Draft 4, page 30). This issue was discussed at some length at
Planning Commission meetings and with staff. It was agreed that the H-unit impact
analysis was the critical issue, as changes, and even increases in square footage would
cause different amounts of H-unit impact in different circmnstances, and the actual impact
on species was the relevant and limiting factor, not an arbitrary amount of square feet.
Therefore, Ms. Conaway's statement that only 10,000 square feet is allocated for all
community organizations appears to apply to an old draft of the plan, not the current one
(Draft 4).
4. Sea camp is asking to be treated consistently with other institutions and businesses on
Big Pine Key.
The attachment to this memorandmn contains several maps from the HCP that show
Seacamp in relation to endangered species habitat and to Mariner's and the Catholic
Church-both of which are classified Tier III. The only two differences seen on these
maps between Seacamp and these other properties is that Seacamp is not located in or near
critical habitat while the others are, and Seacamp is located somewhat further from US 1.
The RCP (see page 51 in attachment) does refer to private non-residential facilities being
restricted primarily to within the US 1 corridor. It does not say all will be so restricted.
Seacamp is located away from critical habitat. According to US Fish & Wildlife Service
data, only a tiny percentage of deer deaths in the last 38 years Gust over one percent) have
occurred on Big Pine Avenue (the vast majority have occurred on US 1). The grid layer for
distance from US 1 used in the Population Viability Analysis model for assessing deer
impacts of new development (see page 28 in the attachment) finds Seacamp to be within the
same area oflower value for deer as Mariner's and the Catholic Church.
All three properties are similarly scarified and developed, and application of the Tier III
(Infill Area) designation to all three is the only consistent application ofLCP Goal 1.
In addition, Seacamp is fully aware that all aspects of the LCP and County Land
Development Regulations will apply to building permit applications filed. The R unit
impact analysis will be conducted and traffic studies will be required. Seacamp is not
asking for special treatment, but rather equal and fair treatment.
5. Sea camp is unique, as the only combination residential/institutional use on Big Pine
Key. Therefore, correcting this mapping error in the LCP will not create a precedent.
While we are concerned for the many owners of vacant property on Big Pine Key who have
been waiting many years for building permits, it is entirely inappropriate to treat Seacamp
unfairly and incorrectly by leaving this tier map error in place in the guise of not holding up
all these permits. In addition, as Seacamp is the only property of its kind on Big Pine Key,
and is the only property not located in or near critical habitat that has been scarified and
developed for 50 years. Correcting this mistake will not open a floodgate!
6. Seacamp does not require a fence that will block Key Deer movement, but rather a
security gate at the entrance to protect the safety of its students. Therefore, Sea camp
expects no difficulty in acquiring U.S. Fish & Wildlife Service approval of its security
gate.
1. A change in carrying capacity. Urban development displaces and modifies Key
deer habitat, therefore affecting the capacity ofthe remaining habitat to sustain
Key deer.
2. An increase in human-induced Key deer mortality. A change in the amount of
development and resulting changes in the human population may in turn result in
changes in the mortality of Key deer caused by motor-vehicle collisions,
entanglement in fences, and other human-related effects.
Therefore, in order to address impacts to carrying capacity and mortality, the spatial
model includes a carrying capacity and a "harvest" (i.e., human-induced mortality) grid.
The grids represent the entire study area as an array of lOx 1 0 meter cells; each cell's
value represents its contribution to the total carrying capacity or harvest of the study area.
A weighting factor grid supported the development of the carrying capacity and harvest
grids. The objective ofthe weighting grid was to address location-specific conditions
that affect carrying capacity and harvest. For example, two grid cells of the same
vegetation type may contribute differently to the carrying capacity of the Key deer
depending on their proximity to canals: a pineland cell located in the middle of a large
pineland area would provide better habitat to the Key deer than an isolated pineland cell
surrounded by canals. Similarly, development of a pineland cell near US-l would create
a lesser vehicle collision impact (due to shorter travel distance to US-I) than
development of a pineland cell located far from US-l (due to the longer travel distance to
US-I).
Six parameters entered into the weighting factor grid (Figure 2.4):
. House density. Development in areas with higher house density would have a lesser
impact on the deer than development in areas with lower house density.
. Deer corridors. Development outside Key deer corridors would have a lesser impact
than development in areas within Key deer corridors.
. Patch quality: Development in smaller, fragmented habitat areas would have a lesser
impact on the Key deer than development in larger, uninterrupted habitat areas.
. Deer density: Development in areas of low Key deer density would have a lesser
impact than development in areas of high density.
. Distance from US-I. Development near US-I would have a lesser inlpact on the Key
deer than development farther from US-I.
. Water barriers. Development in areas with canals would have a lesser impact 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.
27
,^
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Deer Corridors Deer Density House Density
.)
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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)
28
Grid Layers from Population Viability Analysis
Lighter Shades = Lesser Deer Value
. DEER CORRIDORS DEER DENSITY
HOUSE DENSITY WATER BARRIERS
~
~ '..........'_.__._.~~.,.~~,~--,-'"-._.._,._.~ ~ ~"--
2.4.3 PV A Model Analysis and Results
The final PV A model includes the matrix model of population dynamics and the spatial
model, which allows for addressing development impacts. The program RAMAS
Metapop (Applied Biomathematics, Inc.) was used to run the model. The model provides
estimates of population size, probability of extinction, and other risk estimates.
In a model "run," the model multiplies the initial population number per stage class times
the matrix; the result represents the number of Key deer in each stage class one year later.
The model then multiplies this new number by the matrix again to generate the
population number for year two. The model run simulates 100 years. This process is
repeated 10,000 times. To account for stochastic events, the computer randomly varies
matrix parameters and hurricane probabilities, within documented ranges (Lopez 200 I).
The final model run result represents the average of the 10,000, 100-year iterations.
To estimate the effects of increasing levels of development on the Key deer population,
10 scenarios were evaluated with the Key deer PV A model, beginning with a no action
scenario, which represents initial conditions (prior to the construction of the US-l
projects). For any given scenario, the model chose the least valuable vacant parcels and
assumed the parcels were developed. As parcels are selected, the spatial model
calculated the change in carrying capacity (K) and harvest (H), under the assumption that
the total K or H of the parcel was affected. The total K or H for a parcel is the sum of the
value for each 10xIO-m grid cell inside the parcel. A cell is counted within a parcel if
>50 percent of its area is inside the parcel.
The change in K and H values, which represent the direct effects of development, are
then input into the matrix model. The change in K represents the reduction in the
carrying capacity of the area due to habitat loss; the change in H represents the additional
percent ofhunlan-related mortality, or "harvest," due to the combined effect of habitat
loss and increased human activity. Therefore, the model run simulates the effect of
development on the Key deer population through time.
The model runs provide an estimate of the risk of extinction in 100 years and the risk of
quasi-extinction, here defined as the risk that the population falls below 50 individuals
(females) at least once in 50 years (Table 2.2). Both are expressed as probabilities. The
model also estimates the average additional human-induced mortality (number of female
deer).
Results suggest that the probability of extinction of the Key deer in 100 years is less than
one percent, even in the presence of levels of development above initial conditions
unlikely to occur in the project area (Table 2.4). Model results also indicate the
probability that the Key deer population will fall below 50 females at least once in 50
years is 2.2 percent even with no further development and without the US-1 projects
already completed. As expected, the model suggests that annual human-induced
mortality is likely to increase with the intensity of development.
30
First, the method to assign H to a development activity must address the diversity of
development types. The model runs assumed development on vacant parcels and further
assumed that the impact of development was equal to the entire H of the parcel.
However, development activities will also occur on already developed parcels and may
involve expansion of existing facilities or redevelopment ofthe parcels to the same or a
different land use. Also, road paving or widening must be addressed.
Second, the method to assign H to a development activity must recognize that different
land uses cause different levels of human activity (and, therefore, different potential
effects on Key deer). For example, other things being equal, a single family residence
and a 3,000 square foot store would have different effects on the level of traffic generated
and, therefore, on the risk of Key deer road mortality.
In order to assign H to any development activity, the Applicants developed a method that
meets the two conditions described above. The main premises of the method are:
1. If development occurs on an undeveloped parcel, the impact equals the H of the
parcel: We assumed that an undeveloped parcel is fully available to the Key deer
and that new development affects the habitat value of the entire undeveloped
parcel. Therefore, the impact of such development equals the H of the entire
parcel.
2. If development occurs on a developed parcel, the impact of development equals
the H of the footprint of the additional development: We assume that the impact
of existing development has been already realized; therefore, the H of
development that occurs in parcels that are already developed is associated with
the footprint ofthe additional activity instead of the entire parcel area.
3. The effect of the development activity depends on the type of development or land
use: Because roadway mortality is the largest cause of human-related mortality of
Key deer, the H value for a development activity is multiplied by a factor that
accounts for the traffic generated by the specific land use or type of activity
(Table 2.5).
Based on these three premises, we can assign an H value to any anticipated development
activity (Table 2.6).
32
Table 2.5. R multipli~r for land use development categories I
Average Daily Trip
Land Use Generation 2 H Multiplier
Single fanlily residential 9.5 1
Fences only -- 0.23
Auxiliary uses -- 0.23
Retail 70.0 7.4 (per 1,000 sq. ft.)
Hotel/Motel 7.9 0.8 (per room)
Office 5.9 0.6 (per 1,000 sq. ft.)
Institutional 13.0 1.4 (per 1,000 sq. ft.)
Industrial 5.0 0.5 (per 1,000 sq. ft.)
Recreational 67.0 7.0
I The multiplier is based on traffic generation because vehicle collisions with Key deer is the most
important human-related cause of mortality for the Key deer.
" Average daily trip generation was estimated from the Institute of Traffic Engineers Manual; daily trip
generation by land use has not been verified for the Florida Keys,
J Fences and auxiliary uses, as dermed in the Monroe County Land Development Regulations. are assumed
to cause no additional traffic impacts; they were assumed to cause habitat loss (change in K), which has a
lesser effect on the matrix model than changes in H.
2.4.5 The Tier System: A Planning Tool to Manage Development and Conservation
Based on the Key deer studies done under this Rep and the resulting spatial model,
Monroe County developed a conservation priority classification for private undeveloped
lands in the study area. The ,private undeveloped lands in the study area are classified
into three "Tiers" (Table 2.7 and Figure 2.6). Tier 1 lands are higher quality habitat. Tier
3 lands are the lowest quality habitat. The majority of parcels in Tier 2 and Tier 3 is
interspersed among developed parcels and among canals. These areas provide little
habitat value to the covered species. The tier classification helped in determining the
location of potential new development and prioritizing mitigation areas.
33
Table 2.7. Tier classification system (vacant privately-owned lands)
Area (acres)
Big Pine No Name
Tier Description Key Key
1 Lands where all or a significant portion of the land area is 973.4 217.0
characterized as environmentally sensitive and important for
the continued viability of Hep covered species (mean H per
lOx 10 meter cell = 0.259 x 10.3). 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.
2 Scattered lots and fragments of environmentally sensitive 101.6 0
lands that may be found in platted subdivisions (mean H per
10 xlO meter cell = 0.183 x 1O~3). A large number of these
lots are located on canals and are of minimal value to the Key
deer and other protected species because the canal presents a
banier to dispersal.
3 Scattered lots within already heavily developed areas that 58.5 0
provide little habitat value to the Key deer and other protected
species (mean H per 10xl0 meter cell = 0.168 x 1O~3). Some
of the undeveloped lots in this Tier are located between
existing developed commercial lots within the US-l corridor
9r are located on canals.
Total 1133.5 217.0
35
Habitat management of county lands should commence Keys-wide during FY 2002-2003
that begins October 2002, contingent upon funding approval. Larger tracts of land will
receive priority for management. These lands are primarily conservation lands acquired
through grants from the Florida ConmlUnities Trust, for which contract requirements
necessitate immediate management. Management of remaining county lands throughout
the Keys will be prioritized depending upon several factors including logistics, habitat
quality, presence of rare species, and the character of the adjoining lands.
Federal, state, and county agencies also work together to jointly manage larger tracts of
undeveloped land in which all are landowners. Within the project area this land is
primarily pinelands. Management of pineland habitat will be addressed in a Fire
Management Plan for Big Pine Key and No Name Key, which is currently being
developed by the Lower Keys Wildland Fire Hazard Reduction Initiative. Prescribed
burning will be conducted by all three agencies in the project area where there is
contiguous pineland habitat. Individual undeveloped lots that cannot be burned because
they are between developed properties will be maintained free of solid waste and non-
native invasive plants and allowed to grow to hammock vegetation.
3.4 Covered Activities
This HCP addresses the incidental take of protected species that may result from
development activities in Big Pine Key and No Name Key in the next 20 years. The
types of activities covered under this HCP include residential development, commercial
development and expansion, community and institutional facilities, and transportation
improvements.
The Applicants anticipate the following development activities will occur in the covered
area in the 20-year permit period and within a total H = 1.1:
. New Residential Development: A maximum of200 residential units.
. NOll-Residential Private Development: The county will authorize limited non-
residential development as well as expansion or redevelopment of commercial
facilities and community organizations such as religious institutions and civic
clubs. The Applicants anticipate that no more than 60,000 square feet of floor
area will be added over 20 years.
. Recreational and Community Facilities: The county anticipates the development
of recreational and conmlunity center facilities, including passive public parks,
and neighborhood "pocket" parks, as well as the expansion of the existing public
library .
. Public Facilities: Several public facilities are anticipated over the next 20 years,
such as a sewage treatment plant, public office space, and the expansion of the
existing emergency response facility.
40
of 10 units) or a total H = 0.022 (two percent of the total H), whichever results in
a lower H.
. No new development other than single family residential and accessory uses will
be permitted in Tier 1.
. No development will be permitted which may interfere with Key deer movement
along the Sands corridor, as shown in Figure 5.2. With the completion of the Key
deer underpasses and the proposed widening of US-I along the business segment
on Big Pine Key, native habitat in the Sands Subdivision area constitutes the main
corridor connecting Key deer habitat south and north of US-I (Figure 5.2).
~ ,~ii\:;
~ U~ tt ~~~_l_
_I ",..to"',
1:., II! I Mariner's Tier'
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.M iil.... L: _ T 3
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~ I ' " '.' <.I >:"~~ ~ I.. "'~. Corridor
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· . '., ... ]'....: _"":'U., ..~:z.;
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u....,IIIII~. _1*'t..J\J"I~
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_6____ .__6__ _~d. _. .._ ___._
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0 2000 Feet
.'H 4
Figure 5.2 Key deer corridor across Sands Subdivision
. New residential and commercial development will occur progressively over 20
years, thus minimizing the extent of construction impacts that occur at any given
time.
. New commercial development will be limited to inftll in existing commercial
areas on Tier 2 and Tier 3 lands, mainly along the US-I corridor on Big Pine Key.
This includes all current commercially zoned areas south of Lytton's Way. All
new commercial development would be limited to disturbed or scarified lands, as
50
Source: October 2003 HCP annotated to show closeness of critical Key Deer corridor to two other
community organizations classified as Tier III in the LCP.
defined in the Monroe County Code (9.5-4 [D-14][S-2]). Clearing of pine lands
and/or hammock will not be permitted for commercial development activities.
. Expansion of private non-residential facilities will be restricted primarily to
within the US-l corridor, as described above.
. The modified RaGa will continue to give new development priority to Tier 3
over Tier 2 and Tier 1 lands.
. New recreational and community facilities development would be restricted to
existing developed areas that are either already publicly owned or acquired for
that purpose.
. Minor recreational and community facilities will be restricted to areas within
existing improved subdivisions.
. Community organizations' development will be restricted to expansions, on
existing applicant-owned land, up to the buildable area limits per Monroe County
Code. No clearing of native habitat will be permitted for these expansions.
. Speed limits, traffic calming devices, and other measures will be applied to lower
the probability of Key deer/vehicle collisions on County roads.
. Public infrastructure development will be restricted to disturbed lands as defined
in the Monroe County Code (9.5-4 [0-14][S-2]).
. No new fences will be allowed in Tier 1 lands, unless they are authorized by the
Service.
. No additional fences will be allowed in the US-l commercial corridor.
. Fences will be subject to restrictions and guidelines established in agreement with
the Service.
. FOOT will avoid impacts to wetlands during US-l three-laning.
. Accessory uses will be permitted on lots adjacent to existing developed lots only
in Tier 2 and Tier 3 lands. Residential accessory uses would be limited to those
listed in the Monroe County Code (Chapter 9.5-4[A-2]).
. No development will be allowed in wetlands that are Lower Keys marsh rabbit
habitat. Road widening activities along US-l would occur within existing cleared
and fIlled portions of the FOOT right-of-way.
. The county will implement an animal control education program to educate the
public regarding the potential negative effect of domestic predators on the Lower
Keys marsh rabbit.
. The county will evaluate the need and feasibility of additional regulatory
measures to control the spread of domestic predators. If deemed necessary and
feasible, measures will be enacted within five years from permit issuance.
51
About Seacamp Association, Inc.
Executive Summary
Seacamp Association, Inc.was incorporated in 1966 as a 501(c)3 organization on Big
Pine Key. It operates a residential summer marine science camp for teenagers and a day camp
program for children aged 10-12 years (Seacamp). Its school-year residential program hosts
visiting school groups, 4th grade through college levels (Newfound Harbor Marine Institute).
Each year these two programs average 26,000 student-days of participation. (A student day is
defined as a student being on the site for 24 hours.) School students have come from 50 of
Florida's 67 counties and 15 other states. Summer campers attend from more than 40 states
and 12 other countries. Approximately 700,000 young people and teachers have attended these
programs over the past 40 years.
Monroe County schools participating in the residential three-day programs come to
Seacamp at a 50% discounted fee, and Pre-K through 5th grades come for one-day on-site
programs at no fee. Since 1995 nearly 4,000 Monroe County youth have participated in
Seacamp/NHMI programs. Monroe County students from all local high schools are invited to
participate in our Rotary International Exchange Student program at no charge each February,
Seacamp Association has for 20 years awarded scholarship programs to Monroe County
students and teachers. In each of those 20 years an entire grade level at Sugarloaf Elementary
School has been invited to participate for a day at Seacamp at no charge. For the most recent
five-year period calculated, Seacamp and NHMI provided internal scholarship programs valued
at more than $400,000 to local youth and teachers. Grants, in excess of 1.5 million dollars over
the past ten years from the Florida Department of Education, Florida Department of
Environmental Protection, South Florida Water Management District and the National Marine
Sanctuaries program (NOAA), have also supported Monroe County projects and scholarships.
Seacamp Association annually sponsors a three-day teacher workshop open to all
teachers in the USA, as well as an experiential environmental education teacher workshop
specifically for Monroe County teachers.
For ten consecutive years grants from the US Department of Commerce have been
awarded to Seacamp to host professional scientists, environmental education administrators
and camp directors from Russia and Ukraine. These Internships provide 4-5 months of training
at the Seacamp/NHMI site. Through this international program Seacamp has helped to establish
17 similar programs in Russia and Ukraine, from the Black Sea to Lake Baikal in Siberia, and on
to Vladivostok on the Sea of Japan. These federal grants have exceeded $500,000.
Seacamp conducts a 6-8 week training program for 70-80 college-aged interns each
year, These interns reside in student dorms. In addition, 16-20 college graduates are employed
seasonally as science instructors. These instructors are currently housed in dorm-style
houseboats adjacent to our shower house,
Seacamp employs a core staff of 45 year-round Lower Keys residents. Approximately
one-third of our core staff have been Seacamp employees for 10-40 years.
Seacamp administrators are active participants in the Big Pine and Lower Keys Rotary
Club and recently received recognition from the Lower Keys Chamber of Commerce for their
long term membership. Seacamp and NHMI are accredited through the high standards of the
American Camping Association (ACA) ,
See attached pages for more detailed information.
Seacamp Association, Inc.
Special Initiatives and Achievements
Seacamp Association, Inc. has contributed many hours and expertise toward
promoting environmental conservation and environmental education at the local, state,
national and international levels:
County and State Level Initiatives and Achievements
. In 1988, coordinated the founding and incorporation of the Monroe County
Environmental Education Task Force (now the Monroe County Environmental
Education Advisory Council).
. Have received more than $1.5 million in grants since 1990 from the Florida
Departments of Education (DOE) and Environmental Protection (DEP), as well as
the South Florida Water Management District, to provide special programs and
scholarships for Monroe County students.
. Seacamp found funding from the State to write, publish and distribute both editions
of The Florida Keys Environmental Story and to provide copies to all classrooms in
Monroe County.
. In 1969-71, worked with the Governor's office and Ken Woodburn to successfully
spearheaded the effort to earn state aquatic preserve designation for Coupon Bight,
Big Pine Key, Florida.
. In 1984-85, worked with the Florida Department of Natural Resources to develop a
management plan for the Coupon Bight Aquatic Preserve. Received a $68,000 grant
for this project.
. In 1985, nominated Coupon Bight land boundaries for public acquisition by the State
of Florida through Conservation and Recreation Lands Committee (C.A.R.L.) funds
and succeeded in having these privately owned lands, added as a buffer zone for
the Coupon Bight Aquatic Preserve and to the C.A.R.L. acquisition list.
. In 1986, successfully encouraged the Trust for Public Lands to acquire purchase
options on ecologically sensitive beachfront lands and Cactus Hammock, slated for
condominium development on Big Pine Key.
. In 1986-89, Irene Hooper was appointed by the Governor of Florida to serve a three-
year term on the Florida Advisory Council on Comprehensive Environmental
Education (FACEE). She also served a two-year term on the Environmental
Education Foundation of Florida, which was established by the Legislature to
replace FACEE.
. Seacamp Director Grace Upshaw is a member in the 2003 Leadership Monroe
program.
. Seacamp program directors and science instructors provide environmental
education activities for many local events, including the Envirothon and the the
annual Rotary Kids Karnival.
County and National Level Initiatives and Achievements
. From 1976-1980, worked on process of designating Looe Key Reef as a National
Marine Sanctuary.
. Executive Director Irene Hooper was appointed by the U.S. Secretary of Commerce
to the Florida Keys National Marine Sanctuary Advisory Council (SAC), upon
recommendation of the Governor of Florida, and served for six years (1990-1996).
In 1995-1996 she chaired the SAC's Education Working Group to design an
education action plan for the Florida Keys National Marine Sanctuary.
County and International Level Initiatives and Achievements
. Seacamp hosts the annual "International Weekend for Environmental Education" for
local Monroe County and exchange high school students in conjunction with Rotary
International and six Florida Rotary Districts. This is co-sponsored by the Big Pine
and Lower Keys Rotary Club.
. Irene Hooper was a facilitator and faculty member for training conferences for
Russian camp directors, at the 1995 national conference of the American Camping
Association in Orlando, Florida and in the Republic of Mari-EI in central Russia in
1997.
Recognition and Awards Received by Seacamp Association
. In 2003, Seacamp Association, Inc. was presented with the International Underwater
Foundation's most prestigious honor, the Environmental Enrichment Award. The
IUF Board of Directors voted unanimously to award this honor to Seacamp in
recognition of its environmental education mission and accomplishments since 1966
in carrying out our NAUI scuba programs.
. In October 2002, Seacamp Director Grace Upshaw was awarded Honorary
Membership in NAUI Worldwide (National Association of Underwater Instructors).
The NAUI Board has conferred this honor on only four other individuals since
inception. These previous honorees include: the late Jacques Yves Cousteau,
internationally renowned undersea explorer, filmmaker, Captain of Calypso and
inventor of the aqua-lung; the late Lloyd Bridges, star of the early TV series "Sea
Hunt"; and Zale Perry, co-star of "Sea Hunt".
. In 2001 Seacamp received a Certificate of Appreciation from the U.S. Department of
Commerce for outstanding contributions to the Special American Business
Internship Training program and U.S.-Russia relations.
. In 1997 Seacamp received the "Eleanor Ells Award for Program Excellence",
presented by the American Camping Association to Seacamp for its environmental
education programs for camps in Russia and Ukraine.
. The 1997 "Leadership Award" was presented to Seacamp at the national conference
of the Russian Camping Association, St. Petersburg, Russia.
. In 1996 The League of Environmental Educators in Florida (LEEF) "Founders
Award" for education leadership was presented to Irene Hooper, Executive Director
& Founder of Seacamp Association, Inc.
. In 1993 Seacamp was the first recipient of the "Florida Governor's Environmental
Education Award".
. Seacamp received the National "Take Pride in America Award" in 1986.
RESOLUTION NUMBER [ J -2003
A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS RELATING TO THE LIV ABLE COMMUNIKEYS
MASTER PLAN FOR BIG PINE KEY AND NO NAME KEY;
CHANGING THE TIER DESIGNATION FOR SEACAMP PROPERTY
FROM TIER I TO TIER III.
WHEREAS, the Livable CommuniKeys Master Plan for Big Pine Key and No
Name Key, Draft Four, designates approximately 12 acres of land that is owned and
operated by Seacamp Association, Inc. as Tier I land; and,
WHEREAS, Seacamp's property is depicted as Private Developed Land and not as
Tier I in the October 2003 Habitat Conservation Plan for Florida Key Deer (Odocoileus
vitginianus clavium) and other Protected Species on Big Pine Key and No Name Key,
Monroe County, Florida, as transmitted for final review and approval to U.S. Fish &
Wildlife Service,; and,
WHEREAS, tier designations for already developed land are created in the
Livable CommuniKeys Plan, not in the Habitat Conservation Plan; and
WHEREAS, the Livable CommuniKeys Plan, Draft 4, clearly states that, "'The
Tier Map for Big Pine Key and No Name Key has been developed based on relative
wildlife quality as defined in the HCP" (emphasis added); and
WHEREAS, Tier I lands are defined in the Livable CommuniKeys Plan, Draft 4
as "'Natural Area," and Tier III lands as "'Infill Area"; and
WHEREAS, Seacamp's facilities are operated on mostly filled and scarified land
which has been in that condition for almost 50 years, is not located core habitat areas, and
has low habitat sensitivity, so is clearly not "'Natural Area"; and,
WHEREAS, other already developed sites located in and close to areas of high
habitat sensitivity have been designated Tier III in the Livable CommuniKeys Plan, Draft
4; and
WHEREAS, a Tier I designation is not appropriate for Seacamp and it should be
changed to Tier III.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the designation in the
Page 1 of2
.
Livable CommuniKeys Master Plan for Big Pine Key and No Name Key, Draft Four, of
approximately 12 acres of land owned by Seacamp Association, Inc., and located on Big
Pine Key at the end of Big Pine A venue shall be changed from Tier I to Tier III.
PASSED AND ADOPTED By the Board of County Commissioners of Monroe
County, Florida at a regular meeting held on the 1 ih day of December 2003.
Mayor Murray Nelson
Mayor Pro Tern David Rice
Commissioner George Neugent
Commissioner Dixie Spehar
Commissioner Charles 'Sonny' McCoy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor Murray Nelson
(SEAL)
Attest: Danny L. Kolhage, Clerk
By:
Deputy Clerk
Page 2 of2
HJ:41 7725647393 USFWS PAGE 02/03
12/17/2003
United States Department of the Interior
FISH AND WILDLIFE SERVICE
South Florida Ecological Services Office
1339 201h Street
Vero Beach. Florida 32960
~mber 17,2003
Seacamp Association, Incorporated
clo Irene Hooper
1300 Big Pine Avenue
Big Pine Key, Florida 33043
Service Log Number: 4-1-04~ T A-4897 (FEMA)
Applicant: Seacamp Association, Incorporated
Date: November 17, 2003
County: Monroe
Dear Ms. Hooper:
Thank you for your request for technical assistance with the Fish and Wildlife Service (Service)
on your project which involves renovation and replacement of facilities, elevation of buildings
for stonn protection, and additions to facilities to enhance the marine environmental education
programs at Seacamp. The project is located at 1300 Big Pine Avenue, Lots 1-1~ Block E and
Lots 16-28. Block F, Piney Point Subdivision., Big Pine Key, Monroo County, Florida. The Real
Estate numbers are 00246950-000000, 00246960-000000, 00246970-000000. 00246980-000000,
0024699~000000,0024700~000000~OO247140-0000oo,00247150-000000.00247160-000000,
00247170-000000, and 00247180-000000.
The Service believes the elements of your project that involve replacement or renovation of
existing buildings on the property, as described in the information submitted, will not increase
risk: to any threatened or endangered species or critical habitat.
In regards to elements ofyout project that involve new or additional construction beyond what
already exists on the property, these projects may result in increased traffic and may result in
''take'' of an endangered species,
The Service is responsible for administering the Endangered Species Act of 1973. as amended
(ESA) (87 Stat. 884; 16 U.S.C. 1531 et seq.). Section 9 of the ESA prohibits unauthoIUed take
oflisted species. Take means to harm, harass, pursue, hunt, shoot, wound, kill. trap, capturet
collect, or attempt to engage in such activity. Harm is further defined to include significant
habitat modification or degradation that results in death or injury to listed species by significantly
impairing behavioral patterns such as breeding, feeding, or sheltering. Harass is defined as
actions that create the likelihood of injury to listed species to such an extent as to significantly
disropt normal behavior patterns which include, but are not ~ited to, breeding, feedina, or
sheltering. Section 10 of the ESA provides an exoeption to the section 9 prohibitions through the
TAKE PRIDE-II:::.:
INAMERICA~ Q. \~
, USFWS PAGE 03/03
12/17/2003 10:41 7725647393
Sea.camp Association, Incorporated
December 17 t 2003
P&ge 2
"incidental take permit" process. Incidental take is defined by the ESA as take that is incidental
to, and not the purpose ot carrying out an otherwise 1aw:fu1 activity. The incidental take section
10 permit process requires completion of a permit application and a Habitat Conservation Plan
(HCP).
The Service cannot make a determination regarding risk to threatened and endangered species
associated with possible traffic impacts from this construction with out a review of a HCP and
incidental take permit application for impacts to listed species. However, the Service has
examined the location of Seacamp and the existing scarified and developed nature of the
property, and believes that habitat suitable for listed species would not be affected by the
proposed new or additional construction.
Upon completion of review and final approval of the habitat conservation plan for Big Pine and
No Name keys that has been filed with the Service by Momoe County. a mechanism will be
established for evaluation of new proposed construction on these islands. Yon may wish to avail
yourself of that process, when in place, or you may submit a Rep and incidental take permit
application separately for Seacamp.
Please note that Service approval of this project in no way implies compliance with other
Federal, State, coW\ty, or municipal regulations. It is the applicant's responsibility to ensure that
the project meets aU applicable regulations.
Thank you for your assistance in protecting the environment oftb.e Florida Keys. If you have any
questions. please contact Winston Hobgood at 772-562-3909. extension 306.
Sincerely yours.
j~~uJ~ fPR
James J. Slack
Field Supervisor
South Florida Ecological Services Office
co:
Monroe County Growth Management, Marathon. Florida (Tim McGarrylMarlene Conway)
MEMORANDUM
TO: Board of County Commissioners of Monroe County
K. Marlene Conaway, Director Planning and Environmental Resources
FROM: Earl G. Gallop, General Counsel for Seacamp Association, Inc.
DATE: December 16, 2003
RE: LCP/ Amendment to 2500 foot/year limitation
LCP, p. 48, Action Item 5.1.2: Limit floor area allocations to 2.500 square feet per
organization. per year. <Floor area may be accumulated by a community organization
over multiple years in amounts sufficient to meet the needs of an approved master plan
or an application for a development permit.>
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