Memorandum Monroe County Planning & Environmental Resources Department

MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT

To: Monroe County Planning Commission

Through: Emily Schemper, AICP, CFM, Senior Director of Planning & Environmental Resources

From: Devin Rains, Planning and Development Permit Services Manager

Date: January 13, 2020

Subject: GREGORY B. BURKHARDT, 2158 SPANISH CHANNEL ROAD AND 32045 MARGINELLA DRIVE, NO NAME KEY, FLORIDA, MILE MARKER 30 GULF SIDE: A public hearing concerning an appeal, pursuant to Section 102-185 of the Monroe County Land Development Code, by the property owner to the Planning Commission concerning the revocation of building permit #19102673 by the Building Official. The subject property is legally described as a parcel of land being Lot 1 and Lot 2 of Dolphin Estates as recorded in Plat Book 7 Page 26 of the Public Records of Monroe County, Florida and land adjacent, together with a 1/7 undivided interest in a parcel of land lying at the bottom of that area described as “boat basin”, having Property ID number 00319493-000100 and 00319493-000200. (File 2019-229)

Hearing date: January 29, 2020

1 I. DECISION BEING APPEALED: 2 The Appellant and subject property owner, Gregory B. Burkhardt (the “Appellant” or “property 3 owner”), filed a building permit application 19102673 for 400-amp electric service with 2 4 security lights for a commercial fishing business at 2158 Spanish Channel Road and 32045 5 Marginella Drive, No Name Key. By letter (Attachment A) dated October 28, 2019 the Monroe 6 County Building Official informed the Appellant that Building Permit #19102673 was issued in 7 error, due to the fact that the permit was failed by the Planning & Environmental Resources 8 Department for the Planning portion of its review and did not demonstrate compliance with the 9 Monroe County Land Development Code and Comprehensive Plan. On November 26, 2019, 10 Appellant filed an application for Administrative Appeal pursuant to LDC Section 102-185. 11 Appellant’s statement of the Basis of Appeal: “Letter dated October 28, 2019 notifying Appelant 12 (sic) that Building Permit # 19102673 was issued in error and intends to revoke it on the grounds 13 that it is a threat to health, safety and welfare of the Public. Appellant denies that the permit must 14 be revoked. A copy of the letter is attached hereto.” The Appellant included a document titled 15 “Basis of Appeal” along with documents categorized as “Prior Code Enforcement Proceedings” 16 and “Lists of Witnesses and Affadivits” (sic) with the application for Administrative Appeal. 17 18

Planning Commission Appeal (File # 2019-229) PC Memorandum 1/13/2020 2158 Spanish Channel Road and 32045 Marginella Drive, No Name Key Page 1 of 22 19 20 Subject Property (outlined in blue) with Land Use Districts Overlaid (Aerial dated 2018) 21 22 II. BACKGROUND INFORMATION: 23 Location/Address: 2158 Spanish Channel Road and 32045 Marginella Drive, No Name 24 Key, near Mile Marker 30 (Gulf side) 25 Legal Description: Lot 1 and Lot 2 of Dolphin Estates (Plat Book 7 Page 26) and land 26 adjacent, together with a 1/7 undivided interest in a parcel of land lying at the bottom of that 27 area described as “boat basin”, No Name Key 28 Property ID Number: 00319493-000100 and 00319493-000200 29 Property Owner(s): Gregory B. Burkhardt 30 Appellant: Gregory B. Burkhardt 31 Agent(s): N/A 32 Size of Site: Lot 1 - 5,446 square feet and Lot 2 – 17,165 square feet per the Property 33 Appraiser’s office Property Record Card 34 Land Use Map (Zoning) District: Commercial Fishing Special District 2 (CFSD 2) 35 Future Land Use Map (FLUM) Designation: Mixed Use/Commercial Fishing (MCF) 36 Tier Designation: I (one) 37 Flood Zone: AE 7, AE 9 38 Existing Uses: Vacant land 39 Existing Vegetation / Habitat: Developed/disturbed 40 Community Character of Immediate Vicinity: Surrounding uses include: vacant land, 41 commercial fishing and single-family residential. 42

Planning Commission Appeal (File # 2019-229) PC Memorandum 1/13/2020 2158 Spanish Channel Road and 32045 Marginella Drive, No Name Key Page 2 of 22 43 III. RELEVANT PRIOR COUNTY ACTIONS: 44 The subdivision, Dolphin Estates, plat was approved by resolution of the Board of County 45 Commissioners the 15th day of December, 1980 and filed for record in Plat Book 7 Page 26, 46 Public Records of Monroe County, FL. 47 48

49 50 Dolphin Estates (PB7 P26) with Subject Property highlighted in yellow 51 52 In 1960, Monroe County adopted its first zoning regulations that referenced zoning or land 53 use districts. Resolution #Z-1 memorialized the approval. Zoning designations for specific 54 properties were established by ordinance. In 1973, Monroe County adopted a revised set of 55 zoning regulations that continued to reference zoning or land use districts. Ordinance #1- 56 1973 memorialized the approval. Ordinance #1-1973 also approved a series of zoning maps 57 for all areas of the unincorporated county by reference (also known as the pre-1986 zoning 58 maps). These maps were effective from their approval in 1973 until the adoption of 59 Ordinance #033-1986 in 1986. 60

Planning Commission Appeal (File # 2019-229) PC Memorandum 1/13/2020 2158 Spanish Channel Road and 32045 Marginella Drive, No Name Key Page 3 of 22 61 62 Pre-1986 zoning map with Dolphin Estates highlighted in yellow 63 64 Prior to 1986, Dolphin Estates and the subject property were located in the RU-1 zoning 65 district. The following are relevant code excerpts from the 1973-1986 code:

66 67

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Planning Commission Appeal (File # 2019-229) PC Memorandum 1/13/2020 2158 Spanish Channel Road and 32045 Marginella Drive, No Name Key Page 5 of 22 69 70

Planning Commission Appeal (File # 2019-229) PC Memorandum 1/13/2020 2158 Spanish Channel Road and 32045 Marginella Drive, No Name Key Page 6 of 22 71 72 1985 aerial imagery of Dolphin Estates with Subject Property 73 74 In 1986, Monroe County adopted a revised set of zoning regulations via Ordinance #33- 75 1986. These 1986 Land Development Regulations were adopted Feb. 28, 1986 by the 76 Monroe County BOCC, approved by DCA July 29, 1986, and took effect on September 15, 77 1986. Ordinance #33-1986 also approved a revised series of zoning maps (also known as the 78 Pattison Maps) for all areas of the unincorporated county by reference. This map series was 79 signed by then Planning Director Charles Pattison in 1986 and consisted of 21 sheets scaled 80 at 1”=1000’.

81 82 1986 (Pattison) zoning map with Dolphin Estates and Subject Property highlighted in yellow

Planning Commission Appeal (File # 2019-229) PC Memorandum 1/13/2020 2158 Spanish Channel Road and 32045 Marginella Drive, No Name Key Page 7 of 22 83 84 Since September 15, 1986, the property is located in the Commercial Fishing Special District 85 2 (CFSD-2) Land Use (Zoning) District. The following are relevant code excerpts from the 86 1986 code:

88 89

90 91 92

94 95

Planning Commission Appeal (File # 2019-229) PC Memorandum 1/13/2020 2158 Spanish Channel Road and 32045 Marginella Drive, No Name Key Page 8 of 22 97 98

100 101 102 103 104

Planning Commission Appeal (File # 2019-229) PC Memorandum 1/13/2020 2158 Spanish Channel Road and 32045 Marginella Drive, No Name Key Page 9 of 22 105 106 2002-2003 aerial imagery of Dolphin Estates and Subject Property 107

108 109 2004 aerial imagery of Dolphin Estates and Subject Property

Planning Commission Appeal (File # 2019-229) PC Memorandum 1/13/2020 2158 Spanish Channel Road and 32045 Marginella Drive, No Name Key Page 10 of 22 110 The Master Plan for Future Development of Big Pine Key and No Name Key, dated August 111 2004 and adopted by the Board of County Commissioners on August 18, 2004 is 112 incorporated by reference into the 2010 Comprehensive Plan. The Community Master Plan is 113 incorporated into the 2030 Comprehensive Plan under Policy 101.19.2 and shall be 114 implemented as part of the Comprehensive Plan. The term Strategies in the Master Plan is 115 equivalent to the term Objectives in the Comprehensive Plan and the term Action Item is 116 equivalent to the term Policy; the meanings and requirements for implementation are 117 synonymous. Adopted by Ordinance 029-2004. Amended by Ordinance 020-2009.

118 119 120 The Habitat Conservation Plan for Florida Key Deer and other Protected Species on Big 121 Pine Key and No Name Key, Monroe County, Florida, April 2003, revised April 2006, 122 (HCP) pages 57-60, 5.3.2 Avoidance and Minimization, (Attachment B) prohibit new 123 development other than single-family residential and accessory uses in Tier 1 and limit 124 commercial development to infill in existing commercial areas on Tier 2 and Tier 3 lands. 125 126 Monroe County’s Threatened and Endangered Species Incidental Take Permit from the U.S. 127 Fish and Wildlife Service for Big Pine Key, No Name Key, and adjacent islets, (ITP) 128 effective 6/9/2006, expiration 6/30/2023 (Attachment C) contains conditions A through N. 129 Proposed new non-residential commercial development is in conflict with conditions G(6) 130 and G(9) of the permit.

Planning Commission Appeal (File # 2019-229) PC Memorandum 1/13/2020 2158 Spanish Channel Road and 32045 Marginella Drive, No Name Key Page 11 of 22 131 132 2009 aerial imagery of Dolphin Estates and Subject Property 133

134 135 2012 aerial imagery of Dolphin Estates and Subject Property 136

Planning Commission Appeal (File # 2019-229) PC Memorandum 1/13/2020 2158 Spanish Channel Road and 32045 Marginella Drive, No Name Key Page 12 of 22 137 138 2015 aerial imagery of Dolphin Estates and Subject Property 139 140

141 142 2017 post Irma aerial imagery of Dolphin Estates and Subject Property 143 144

Planning Commission Appeal (File # 2019-229) PC Memorandum 1/13/2020 2158 Spanish Channel Road and 32045 Marginella Drive, No Name Key Page 13 of 22 145 Pursuant to the update in the Land Development Code effective February 03, 2017, the 146 permitted and conditional uses in CFSD-2 were revised: 147

148 149 Development as of right requires a building permit pursuant to Land Development Code Chapter 150 110 Article 11 and Article VI:

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152 153

Planning Commission Appeal (File # 2019-229) PC Memorandum 1/13/2020 2158 Spanish Channel Road and 32045 Marginella Drive, No Name Key Page 15 of 22 154 155 2018 aerial imagery of Dolphin Estates and Subject Property 156 157 On July 18, 2019 building permit application 19102673 was processed for 400-amp electric 158 service with 2 security lights for accessory use to a commercial fishing business at 2158 159 Spanish Channel Rd and 32045 Marginella Drive, No Name Key. 160 161 The building permit application failed Planning & Environmental Resources department 162 review on 8/12/2019 and 9/04/2019 (Attachment D). 163 164 Building Permit 19102673 was issued by the Building Department on October 10, 2019 165 without having passed Planning & Environmental Resources Department review. The 166 issuance of the permit was brought to the attention of the Planning & Environmental 167 Resources Department. The permit was reviewed and the results of that review were entered 168 into the permit file on October 28, 2019 (Attachment E). 169 170 By letter (Attachment A) dated October 28, 2019 the Monroe County Building Official 171 informed the Appellant that Building Permit #19102673 was issued in error, due to the fact 172 that the permit was failed by the Planning & Environmental Resources Department for the 173 Planning portion of its review and did not demonstrate compliance with the Monroe County 174 Land Development Code and Comprehensive Plan. 175 176 On November 26, 2019, Appellant filed an application for Administrative Appeal pursuant to 177 LDC Section 102-185. Appellant’s statement of the Basis of Appeal: “Letter dated 178 October28, 2019 notifying Appelant (sic) that Building Permit # 19102673 was issued in 179 error and intends to revoke it on the grounds that it is a threat to health, safety and welfare of

Planning Commission Appeal (File # 2019-229) PC Memorandum 1/13/2020 2158 Spanish Channel Road and 32045 Marginella Drive, No Name Key Page 16 of 22 180 the Public. Appellant denies that the permit must be revoked. A copy of the letter is attached 181 hereto.” The Appellant included a document titled “Basis of Appeal” along with documents 182 categorized as “Prior Code Enforcement Proceedings” and “Lists of Witnesses and 183 Affadivits” (sic) with the application for Administrative Appeal” 184 185 IV. BASIS OF APPEAL: 186 The Appellant provided the Notice of Appeal and exhibits, which is/are included in the 187 Planning Commission package. Page 2 of the Notice of Appeal states the decision being 188 appealed: “Letter dated October 28, 2019 notifying Appelant (sic) that Building Permit # 189 19102673 was issued in error and intends to revoke it on the grounds that it is a threat to 190 health, safety and welfare of the Public. Appellant denies that the permit must be revoked. A 191 copy of the letter is attached hereto.” The application for Administrative Appeal included a 192 document titled “Basis of Appeal” as reproduced below: 193

194 195

Planning Commission Appeal (File # 2019-229) PC Memorandum 1/13/2020 2158 Spanish Channel Road and 32045 Marginella Drive, No Name Key Page 17 of 22 196 V. REVIEW OF APPLICATION: 197 In the “Basis of Appeal” document provided in the application for Administrative Appeal the 198 Appellant asserts the following: 199 200 • Appellant’s statement:

201 202 Pursuant to Monroe County Code Chapter 6 Division 3. – Permits, Inspections and 203 Certificates of Occupancy:

204 205 The letter of October 28, 2019 clearly documents that the revocation of permit is based on 206 MCC Sec. 6-104(3) and provides the basis for the determination. The Appellant’s statement 207 does not address the basis for the revocation of the permit. 208 209 • Appellant’s statement:

210 211 The permit applicant was notified on 8/12/2019 and 9/04/2019 that the building permit 212 application failed Planning & Environmental Resources Department review. The review of 213 9/04/19 provided guidance that documentation was needed to be submitted to the building 214 permit application establishing use.

Planning Commission Appeal (File # 2019-229) PC Memorandum 1/13/2020 2158 Spanish Channel Road and 32045 Marginella Drive, No Name Key Page 18 of 22 215 216 217 Options for the demonstration of compliance include the submittal of historical building 218 permits that established the use or the application for a Letter of Development Rights 219 Determination. Neither has been provided by the Appellant. 220 Until 1986, commercial fishing was not a permitted use on the property. There is no evidence 221 of commercial fishing use or any other use having been established on the property. As 222 previously documented in this report, the code requires that development as of right be 223 established via a building permit pursuant to Land Development Regulations Division 2 224 Development As Of Right (1986) and pursuant to Land Development Code Chapter 110 225 Article III Development As Of Right and Article VI Building Permits (current code). In order 226 to establish a use permitted as of right, a building permit is required. 227 Pursuant to Land Development Code Section 102-21(b)(2)i the Planning Director has the 228 authority to issue Letters of Understanding (LOU) and Letters of Development Rights 229 Determination (LDRD). As of the writing of this report, the Appellant has not applied for an 230 LDRD. Content that the Appellant wishes to have considered as evidence of the lawful 231 establishment of use can be considered by the Planning & Environmental Resources 232 Department through an application for Letter of Development Rights Determination. 233

Planning Commission Appeal (File # 2019-229) PC Memorandum 1/13/2020 2158 Spanish Channel Road and 32045 Marginella Drive, No Name Key Page 19 of 22 234 • Appellant’s statement:

235 236 Relevant definitions from Land Development Code Section 101-1 include:

237 238

239

240

241

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243 244 245 246

247 248 The building permit application is for 400-amp electric service with 2 security lights. The 249 installation of a structure is development. The lighting, electric service equipment and 250 supporting structures all require a location on a parcel of land and are therefore a structure as 251 per the definitions provided above. In no event shall an accessory use or structure be 252 established prior to the principal use to which it is accessory. Structures must comply with 253 required setbacks pursuant to LDC Section 131-1 and 131-3 and lighting must comply with 254 LDC chapter 114, Article VI – Outdoor Lighting. 255 256 VI. RECOMMENDATION: 257 The decision by the Planning & Environmental Resources Department was based on the 258 criteria provided in the Monroe County 2030 Comprehensive Plan, Livable CommuniKeys 259 Plan for Big Pine and No Name Key, the Habitat Conservation Plan, the Incidental Take 260 Permit, the Land Development Code and the findings of fact summarized in this staff report. 261 262 Based upon review of all of the available information, Planning & Environmental Resources 263 Department staff recommends that the Planning Commission UPHOLD the revocation of 264 building permit # 19102673 by the Building Official. 265 266 VII. EXHIBITS: 267 ▪ Attachment A – Letter of October 28, 2019 268 ▪ Attachment B – The Habitat Conservation Plan for Florida Key Deer and other 269 Protected Species on Big Pine Key and No Name Key, Monroe County, Florida, April 270 2003, revised April 2006, pages 57-60, 5.3.2 Avoidance and Minimization

Planning Commission Appeal (File # 2019-229) PC Memorandum 1/13/2020 2158 Spanish Channel Road and 32045 Marginella Drive, No Name Key Page 21 of 22 271 ▪ Attachment C – Monroe County’s Threatened and Endangered Species Incidental Take 272 Permit from the U.S. Fish and Wildlife Service for Big Pine Key, No Name Key, and 273 adjacent islets, (ITP) 274 ▪ Attachment D – Building permit application Planning & Environmental Resources 275 department review fail notes of 8/12/2019 and 9/04/2019. 276 ▪ Attachment E – Building permit application Planning & Environmental Resources 277 department review fail notes of 10/28/2019. 278 ▪ Attachment F – Permit history CFSD 2

Planning Commission Appeal (File # 2019-229) PC Memorandum 1/13/2020 2158 Spanish Channel Road and 32045 Marginella Drive, No Name Key Page 22 of 22 Attachment A

Attachment B

The model assumed total habitat loss for newly developed parcels. The Key deer uses all available open areas, including developed areas. However, the PVA model assumes that any development on vacant parcels results in the loss of the entire parcel. For example, 200 developed residential lots in Pine Channel Estates contribute 1.8 Key deer to the carrying capacity of the study area (i.e., K = 1.8). However, the model assumes that 200 new houses will contribute nothing to the carrying capacity. Therefore, the model overestimates the impact of development and provides a conservative support to planning for development activities.

The Applicants chose to evaluate a more stringent population viability measure. Recent PVA and conservation literature recommends that conservation planners evaluate shorter-term risks to make management decisions (Akcakaya 2000, Akcakaya and Sjogren-Gulve 2000). The Key deer PVA model can estimate a variety of risk timeframes. For example, extinction risk may be expressed as the probability of extinction of the Key deer in 100 years. Historically, the Key deer population dwindled to less than 50 individuals, but rebounded with the implementation of protection measures (see Section 1.2.1). The Applicants chose to use the risk that the population falls below 50 females at least once in 50 years as a more conservative and realistic measure of risk in evaluating potential development activities. This more stringent indicator guided subsequent viability and incidental take analyses.

Finally, the estimated level of take omits the potential effects of the recently constructed US-1 projects. According to the Service’s Biological Opinion (Service 2001), the combined effect of the underpasses and intersection improvement projects could be nine fewer human-related deer deaths per year. The model suggests that such reduction in mortality would ameliorate a significant portion of the impact of the proposed 20-year development program.

5.3.2 Avoidance and Minimization

Avoidance and minimization measures were applied at every step in the preparation of the HCP. First, the Applicants made key decisions, discussed above, in the development and use of the Key deer PVA model, which resulted in a conservative approach to modeling.

Second, development activities in the project area will occur in accordance with the following guidelines, which ensure avoidance and minimization of impacts to the Key deer and other covered species:

1. The total impact of commercial, institutional, and residential development over 20 years will not exceed H = 1.1. 2. New residential development will be limited to a maximum of 200 dwelling units over 20 years. 3. Clearing of native habitat will be limited to parcels to be developed for residential use or for local road widening. The total amount of clearing over 20 years will be limited to no more than 7 acres. No clearing of native habitat, other than that necessary and authorized for new residential development, local road widening, or fire breaks to protect residential areas will be allowed. All other development will occur on disturbed lands.

57 Attachment B

4. New residential development in Tier 1 areas will be limited to no more than five percent of all residential units permitted over the 20-year period (i.e., a maximum of 10 units) or a total H = 0.022 (two percent of the total H), whichever results in a lower H. 5. No new development other than single-family residential and accessory uses will be permitted in Tier 1. The total H of all development in Tier 1 will not exceed H = 0.022. 6. No development will be permitted which may result in habitat loss on the Sands corridor, as shown in Figure 5.2. With the completion of the Key deer underpasses and the proposed widening of US-1 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).

Figure 5.2 Key deer corridor across Sands Subdivision

7. New residential and commercial development will occur progressively over 20 years, thus minimizing the extent of construction impacts that occur at any given time. 8. New commercial development will be limited to infill in existing commercial areas on Tier 2 and Tier 3 lands, mainly along the US-1 corridor on Big Pine Key (Appendix B). This includes all current commercially zoned areas south of Lytton’s Way. All new commercial development would be limited to disturbed lands, as defined in the Monroe County Code (9.5-4 [D-14][S-2]). Clearing of pinelands and/or hammock will not be permitted for commercial development activities.

58 Attachment B

9. Expansion of private non-residential facilities will be restricted primarily to within the US-1 corridor, as described above. 10. The modified ROGO will continue to give new development priority to Tier 3 over Tier 2 and Tier 1 lands. 11. New recreational and community facilities development would be restricted to existing developed areas that are either already publicly owned or acquired for that purpose. 12. Minor recreational and community facilities will be restricted to areas within existing improved subdivisions. 13. Community organizations’ development will be restricted to expansions, on existing organization-owned land, up to the buildable area limits per Monroe County Code. No clearing of native habitat will be permitted for these expansions. 14. Speed limits, traffic calming devices, and other measures will be applied to lower the probability of vehicle collisions with Key deer and Lower Keys marsh rabbit on county roads. 15. Public infrastructure development will be restricted to disturbed lands as defined in the Monroe County Code (9.5-4 [D-14][S-2]). 16. No new fences will be allowed in Tier 1 lands, unless they are authorized by the Service. The Service will review applications for fences in Tier 1 for impacts on protected species. 17. No additional fences will be allowed in the US-1 commercial corridor. 18. Fences will be subject to restrictions and guidelines established in agreement with the Service. All fencing will follow the guidelines in Appendix C. 19. No development will be allowed in Lower Keys marsh rabbit habitat. No residential or commercial development will be allowed within 500 meters of marsh rabbit habitat, with the exception of isolated areas (i.e., the green hatched areas on Figure 2.2). Road widening activities along US-1 would occur within existing cleared and filled portions of the FDOT right-of-way. 20. FDOT will avoid impacts to wetlands during US-1 three-laning. 21. 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]). 22. 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 education program will also request that the public report any Lower Keys marsh rabbit road mortality to the county or to the FWS. 23. The county and Service will annually review and 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 at a date to be determined through mutual agreement.

59 Attachment B

24. The county will ensure that standard protection measures for the eastern indigo snake will be implemented during all construction activities to minimize impacts on eastern indigo snakes.

5.3.3 Habitat Mitigation and Habitat Banking

The Applicants propose to mitigate for the incidental take of covered species by acquiring and managing native habitat areas within the HCP project area. The harvest grid used in the PVA (see Section 3) provides a measure of habitat quality and potential indirect effects (i.e., increased human-related mortality) on the Key deer. It also provides a simple currency to compare impacts versus mitigation.

This HCP proposes a level of incidental take not to exceed a total impact area of H equals 1.1. The Applicants will mitigate incidental take impacts by acquiring and managing habitat areas at a 3:1 ratio, using H as the unit of measurement. Therefore, over 20 years, lands with a value totaling an H of 3.3 will be acquired and managed. Land acquisition will occur in advance of or simultaneously with development activities. Should the cumulative Hacquired lag the cumulative Himpact by 5 percent at any time during the permit period, Monroe County will halt development permit issuance until Hacquired is within 5 percent of Himpact.

During the building moratorium, Monroe County has continued to acquire lands for conservation. Monroe County issued 29 development permits - during a temporary lifting of the moratorium in 1996 - as well as 266 fencing permits. The Applicants propose to use the H value of acquired parcels, after taking into account permits issued for residential units and fences at a 3:1 ratio, as part of the overall mitigation required under this HCP. The proposed mitigation H, accrued through land acquisition, is H = 0.3390 (Table 5.2).

Table 5.2. Impacts and mitigation in Big Pine Key and No Name Key, 1995 - present Mitigation (acquisition, credits) Properties acquired from 3/15/95 to 11/13/98 H = 0.5211 Properties acquired from 1999 through 2002 H = 0.2646 Total: H = 0.7857 Impacts (permits, debits) Fences (266 permits) H = 0.1118 Building permits (29 permits) H = 0.0371 Total: H = 0.1489 Habitat Banking Credit Calculation H required to mitigate impacts at 3:1 H = (0.1489*3) = 0.4467 Credit Available (Hacquired – Hrequired) H = (0.7857 – 0.4467) = 0.3390

An updated total H value for all development approvals on Big Pine Key and No Name Key from March 13, 1995, to the date of the ITP issuance will be compiled and provided to the Service within one month after permit issuance. This shall be included in the Habitat Mitigation and Habitat Banking calculations at a 3:1 ratio and deducted from the total net H value of the ITP.

60 Attachment C Attachment C Attachment C Attachment C Attachment C Attachment C Attachment C Attachment C Attachment C Attachment C Attachment D

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Attachment E

Monroe County Florida Permit Information

RE: 00319493000200

PLEASE NOTE: FEES LISTED ARE ESTIMATES ONLY. BEFORE WRITING ANY CHECKS PLEASE CONTACT THE BUILDING DEPARTMENT TO CONFIRM.

RE 00319493000200

Permit Number 19102673

Permit Type 51 - ELECTRIC

Property Address 32045 MARGINELLA DR

Status VOID

Permit Plan Reviews Inspections Fees Contractors ALL

PLAN REVIEWS Plan Review activity is sorted to display the most recent review activities completed; sorted descending by Sent Date. Therefore all pending or incomplete review activities will appear at the top of the list. You may also change the sort order, by any one column, by selecting the Up or Down arrow displayed next to the column title.

Select at the top of each section to see/print all notes

Review Stop Number Status Status Date Received By Received Date Sent To Sent Date ↓

PLANNING 4 FAILED 10-28-2019 schempe 10-28-2019 PENDING 10-28-2019

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Notes: • The Planning Department failed the permit review • because the scope of work includes electrical service • and security lighting on two parcels that do not have a • principal land use established. Due to their location • on No Name Key, they are under restrictions of not only • our Land Development Code (LDC), but the Livable • CommuniKeys Plan for Big Pine and No Name Keys (LCP), • and the Habitat Conservation Plan (HCP) as well. • • The Permit application was made under Parcel ID • 00319493-000200; the site plan shows work to be done on • Parcel ID 00319493-000100 as well. • • We do not have evidence of a permitted principal use • on either of these parcels. Per LDC Section 101-1, an • accessory use/structure is defined as subordinate to • and serving an existing principal use or principal • structure. • • These parcels have a Tier Designation of Tier I. Per • the LCP Action Item 4.1.4, new nonresidential • development is prohibited in Tier 1. Per the HCP, Item • 5.2.3 #8, new commercial development will be limited to • infill in existing commercial areas on Tier 2 and Tier •3 lands. • • Monroe County Land Development Code: • Sec. 101-1. - Definitions. • The following words, terms and phrases, when used in • this chapter, shall have the meanings ascribed to them • in this section, except where the context clearly • indicates a different meaning: •… • Accessory use or accessory structure means a use or • structure that: •(1) Is subordinate to and serves an existing • principal use or principal structure; and •(2) Each individual accessory use or accessory • structure as well as in total/combined, is subordinate • in area (for this definition docks, pools, pool decks, • driveways are excluded from the total area), extent and • purpose to an existing principal use or principal • structure served; and •(3) Contributes to the comfort, convenience or • necessity of occupants of the principal use or • principal structure served; and •(4) Is located on the same lot/parcel or on a • lot/parcel that is under the same ownership as the • lot/parcel on which the principal use or principal • structure is located; and •(5) Is located on the same lot/parcel or on a • contiguous lot/parcel as an existing principal use or • principal structure, excluding accessory docking • facilities that may be permitted on adjacent • lots/parcels pursuant to section 118-12; and •(6) Is located in the same land use (zoning) • district as the principal use or principal structure, • excluding off-site parking facilities pursuant to • section 114-67. • Accessory uses include the utilization of yards for • home gardens, provided that the produce of the garden • is for a non-commercial purpose. In no event shall an • accessory use or structure be established prior to the • principal use to which it is accessory. With approval • from the Planning Director, an accessory use or • structure may continue if its principal use or • structure is discontinued or removed for redevelopment, • provided that the owner is moving forward with • continual development and with active concurrent • permits for redevelopment of a principal use or

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Review Stop Number Status Status Date Received By Received Date Sent To Sent Date ↓

• structure. Accessory uses shall not include second • dwelling units or any other habitable structures that • are occupied by a separate and independent resident. • • • Livable CommuniKeys Master Plan for Big Pine Key and No •Name Key: • Action Item 4.1.4: Prohibit new non-residential • development in Tier 1. Redevelopment and expansion of • existing institutional uses in Tier 1 is allowed, but • is restricted to disturbed or scarified land. • • Habitat Conservation Plan: • 5.3.2 Avoidance and Minimization • Avoidance and minimization measures were applied at • every step in the preparation of the HCP. First, the • Applicants made key decisions, discussed above, in the • development and use of the Key deer PVA model, which • resulted in a conservative approach to modeling. • Second, development activities in the project area will • occur in accordance with the following guidelines, • which ensure avoidance and minimization of impacts to • the Key deer and other covered species: •… • 5. No new development other than single-family • residential and accessory uses will be permitted in • Tier 1. The total H of all development in Tier 1 will • not exceed H = 0.022. •… • 8. New commercial development will be limited to infill • in existing commercial areas on Tier 2 and Tier 3 • lands, mainly along the US-1 corridor on Big Pine Key • (Appendix B). This includes all current commercially • zoned areas south of Lytton’s Way. All new commercial • development would be limited to disturbed lands, as • defined in the Monroe County Code (9.5-4 [D-14][S-2]). • Clearing of pinelands and/or hammock will not be • permitted for commercial development activities. • • 9. Expansion of private non-residential facilities will • be restricted primarily to within the US-1 corridor, as • described above. •… • •Appendix A • Definitions for Terms in the Big Pine Key Habitat • Conservation Plan. • For the purpose of this HCP the following definitions •are used. •… • New Commercial Development – any development on a • vacant commercial property or any existing commercial • use property, or any expansion of the floor area on an • existing commercial use property. •… •

PERMIT READY TO 1 LOGGED 10-11-2019 gonzalya 10-11-2019 FILE 10-11-2019 ISSUE

FINAL REVIEW 1 ACCEPTED 10-01-2019 antetomj 10-01-2019 READY 10-01-2019 (NO INSPECTION)

https://mcesearch.monroecounty-fl.gov/property/79670/permit/19102673 1/13/2020 MCeSearch Page 5 of 6

Review Stop Number Status Status Date Received By Received Date Sent To Sent Date ↓

BUILDING 1 PASSED 09-30-2019 klutsarm 09-30-2019 FINAL 09-30-2019 OFFICIAL (INSPECTION DESIGNEE REQD)

ELECTRICAL 3 PASSED 09-30-2019 klutsarm 09-30-2019 OFF DES 09-30-2019 (INSPECTION REQD)

PLANNING 3 LOGGED 09-26-2019 lustberg 09-26-2019 ELECT 09-26-2019

ELECTRICAL 2 FAILED 09-18-2019 klutsarm 09-18-2019 PLAN 09-18-2019

BIOLOGIST 2 NOT 09-17-2019 franckb 09-04-2019 ELECT 09-17-2019 REQUIRED

Correction-Before 2 LOGGED 09-06-2019 paqidasn 09-06-2019 BIO 09-06-2019 Permit Issue

PLANNING 2 FAILED 09-04-2019 restaino 09-04-2019 BIO 09-04-2019

ELECTRICAL 1 FAILED 09-03-2019 kasprzaa 09-03-2019 PENDING 09-03-2019

FLOOD PLAIN 2 PASSED 08-28-2019 wingatem 08-28-2019 ELECT 08-28-2019 MANAGEMENT (INSPECTION REQD)

BIOLOGIST 1 FAILED 08-26-2019 franckb 08-12-2019 FLOOD 08-26-2019

Correction-Before 1 LOGGED 08-15-2019 gonzalya 08-15-2019 BIO 08-15-2019 Permit Issue

PLANNING 1 FAILED 08-12-2019 broadric 08-12-2019 BIO 08-12-2019

CODE 1 LOGGED 07-30-2019 halljan 07-30-2019 PLAN 07-30-2019 COMPLIANCE MARATHON

FLOOD PLAIN 1 LOGGED 07-29-2019 jonesm 07-29-2019 CODE ENF 2 07-29-2019 MANAGEMENT

PRP Biologist 1NOT 07-23-2019 guerrac 07-23-2019 FLOOD 07-23-2019 Species Review REQUIRED

MARATHON 1 LOGGED 07-18-2019 gonzalya 07-18-2019 PRP 07-18-2019 BUILDING DEPT

https://mcesearch.monroecounty-fl.gov/property/79670/permit/19102673 1/13/2020 MCeSearch Page 6 of 6

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https://mcesearch.monroecounty-fl.gov/property/79670/permit/19102673 1/13/2020 Attachment F

Building permit history CFSD 2 No Name Key

Parcel 00108010‐000102

Submerged land 00108010‐000103 Lot 7 Lot 8 00319493‐ Lot 1 00319493‐ 000700 00319493‐ 000800 Lot 6 000100 Lot 9 00319493‐ Lot 3 00319493‐ 000600 00319493‐ Lot 2 000900 Lot 5 Lot 4 000300 00319493‐ 00319493‐ 00319493‐ Lot 10 000500 000400 000200 00319493‐ 001000

CFSD 2 zoning effective 1986 (Aerial image dated 1985)

Dolphin Estates (PB7 P26) Attachment F

Lot # Parcel ID Permits per Parcel ID 88102489 – invasive exotics Lot 1 00319493‐000100 19100174 – invasive exotics Lot 2 00319493‐000200 19100174 – invasive exotics A‐11491 – fence A‐ 11484‐ seawall Lot 3 00319493‐000300 00100180 – fence 19100174 – invasive exotics 19102479 ‐ demo shed 00103700 – misc bldg. 11100086 ‐ enclosure inspection 11101142 – changes to SFR 11101769 – demo downstair 13102325 – electric Lot 4 00319493‐000400 19103614 ‐ demo shed(s) 19101360 ‐ electric 19100174 ‐ invasive exotics 91102702 – SFR, C.O. 3/11/1993 89100766 – fence 89100620 – fence, lists comm fishing as use 19100120 – fence 97101916 – storage for commercial fishing Lot 5 00319493‐000500 88100792 – fence 88100790 – dock Lot 6 00319493‐000600 97101916 – storage for commercial fishing A16232 ‐ SFR (expired) 90100291 ‐ fence 03103121 ‐ invasive exotics 03103613 ‐ SFR (expired) Lot 7 00319493‐000700 16107960 ‐ Complete SFR permits A16232 & 03103613 17103789 ‐ roofing‐residential 18106454 ‐ wastewater connection 19102974 ‐ fence 89100719 ‐ land clearing Lot 8 00319493‐000800 9510000827 – exotic removal Lot 9 00319493‐000900 19102963 ‐ invasive exotics Lot 10 00319493‐001000 15105043 ‐ invasive exotics A7003 – Boat Ramp Parcel 00108010‐000102 11102558 – fill; expired Parcel 00108010‐000103