Ilze Aguila

------Forwarded message ------From: Cheryl Lumbard To: , Cc: Bcc: Date: Sun, 1 Nov 2020 11:27:26 -0500 Subject: Big Pine Key Fishing Lodge request for change to Tier III ...

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To Whom It May Concern:

Regarding File #: 2020-125

We are writing to voice our strong opposition to the Big Pine Key Fishing Lodge request to change from a Tier I to Tier III status, which would have extreme negative effects upon the entire habitat of Big Pine Key, its residents, visitors, and especially, its wildlife.

The current plot of the Big Pine Key Fishing Lodge is 10 acres, which is more than sufficient acreage for a lodge and RV site on Big Pine Key. We are acutely aware of the proceedings occurring behind public doors, with an impending sale of the property contingent upon the requested change from Tier I to Tier III status and the plans to add additional RV sites, a restaurant, and rental units, with the addition of over 4 acres of land.

The requested change from Tier I to Tier III for the Big Pine Key Fishing Lodge is in direct contrast to the Habitat Conservation Plan and the Livable-Community Keys Master Plan. Big Pine Key is home to numerous endangered and threatened species, such as the endangered FL , the white marsh rabbit, and sea turtles. Many species, both human and animal, continue to struggle with rebuilding structures and habitats following the New World Screwworm and . Add sea level rise, climate change, and increasing annual temperatures, and a recipe for the irreparable damage of habitats will be imminent. Hurricane evacuation traffic, the increase in overall vehicular traffic on US 1, and the development of Big Pine Key, despite regulations, such as the Habitat Conservation Plan, will also have a rippling effect upon fish, lobster, and coral reefs. This raping of the Keys' habitats, especially upon Big Pine Key, is deplorable and must not be approved.

It saddens and sickens us that the almighty dollar continues to win over the habitats and lives of the precious wildlife and habitats of the beautiful paradise, called the FL Keys. We chose to reside in Big Pine Key, over every other key, due to wildlife and habitat protections and the lack of residential and commercial development. We implore you to reject this proposed tier change and continue to support the environmental wonders of Big Pine Key.

I am an advisor for the Key Deer Protection Alliance board, which has spent the last 35 years protecting the wildlife and their habitats in the FL Keys, which ultimately protect habitats for humans. The endangered FL key deer have inhabited the FL Keys for the past 10,000 years and have been forced to share their disappearing habitat with humans, vehicles, and pollution. They have suffered a decrease in overall numbers due to disease, loss of habitat, and increasing development.

Please reject the request of Big Pine Key Fishing Lodge to change from a Tier I to Tier III status and assist in protecting the sanctity and beauty and very existence of this paradise for both human and animal species. We need to attempt to secure a habitable future for both wildlife and humans. At some point, the approval of development only for the benefit of the almighty dollar, must stop or the Keys will forever be destroyed!

Warmest regards, John and Cheryl Lumbard

Aguila-Ilze

From: [email protected] Sent: Saturday, November 7, 2020 8:53 AM To: Roberts-Michael Cc: Aguila-Ilze Subject: #2020-125

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I would like you to know my opinion on the matter of Big Pine Key Fishing Lodge attempting to change a portion of their property from Tier I to Tier III. I am against this proposal. I believe the property in question was traded years ago for another piece of property in Big Pine and most likely there was restrictions put on the use of that property. Thank you. Kathleen Mechler

1 Aguila-Ilze

From: Linda Hall Sent: Saturday, November 7, 2020 1:16 PM To: Roberts-Michael Cc: Aguila-Ilze Subject: File # 2020-125

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To Development Review Committee, Monroe County RE: Big Pine Fishing Lodge

Dear Members, I'm a resident and own a home on . In addition I’m m a board member for the Key Deer Protection Alliance, inc. I am writing to oppose the request of the owner to amend 4 acres from Tier I to Tier III. There are numerous reasons for my opposition: one being that the Key deer need to be able to move around that area crossing from one side of US1 to the other. Secondly, this is also a turtle nesting area and cannot be disturbed. Thirdly, this does not comply with the Habitat Conservation Plan and the Livable Communi‐Keys Master Plan. The fourth reason, and extremely important reason, is that if the Tier is changed from I to III, this will open the door for redevelopment down the road. We are aware that this property is being sold, that there may already be a contract on same and we are sure that the sale is contingent on the Tier change. This is not the only change; they want to add additional RV spaces, separate kitchen/dining structures, seasonal rental units, additional structures and a new restaurant. I'm sure this would be the first step to change just like what happened at Knights Key, There was a formal process to correct the Tier mapping issue which lasted over a year. If this was an error, as the owners attorney stated at the community meeting, they would have changed it back then. There are no new circumstances since that time. I ask that you deny this request for the requested Tier change. Thanking you in advance your consideration of my perspective on this matter. Very truly yours, Linda Jean Hall, PhD

2015 No Name Drive, No Name Key Entrepreneur‐in‐Residence, Carlson School of Business, U of M 612‐845‐4113 [email protected]

1 Aguila-Ilze

From: YAHOO MAIL SERVICE Sent: Sunday, November 8, 2020 1:32 PM To: Roberts-Michael Cc: Aguila-Ilze Subject: RE: File #2020-125

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Michael Roberts & To Whom It May Concern,

My husband Michael Tinnell & myself Jerry Tinnell, are 39 year residents of the Lower Keys, we've seen so many officials & residents come & go in the Keys. We've been involved members of the Lower Keys Community, successfully preventing a County Dump & a County Park on , getting the site designated as a Brownfield site, successfully preventing Outward Bound from moving into , successfully preventing Buccaneer Beach Estates from being developed into "THE Island" RV Park, actively involved in the development of the Land Use Plan & the Livable CommuniKeys Plan, Save the Key Deer, Dump the Pump, spearheaded Stop Shallow Sewage Wells in the getting the deep injection well dug on Cudjoe Key, successfully encouraging the State in buying up multiple properties that have no business being developed, along with the community & outer island clean ups after Hurricane Irma, trying to protect all endangered species in the Keys for those past 39 years. We've also seen many changes & how development has impacted the Keys in mostly negative ways. Big Pine Key, is one of the last islands that maintains some of the original Keys character & charm. Can you please help us try to maintain that, by not allowing a Tier change at the the Big Pine Key Fishing Lodge. The Tier maps were created for a reason, a lot of time & money has gone into the plan. We're prepared to do whatever we need to do to keep the plan as is & prevent this Tier change from happening.

My concerns & those of the Key Deer Protection Alliance are a lowering of the Tier classification would:  Impede access of Key deer through the “open camping” area  Change “Community Character” (an important term defined in the Monroe County Comprehensive Land Use Plan [“Comp Plan”] and Big Pine Key and No Name Key Livable CommuniKeys Plan [“LCP”])  Create development options for that parcel not available under Tier I  Allow future changes in density and intensity not currently available under Tier I

Please consider our concerns & do the right thing for the environment, the Key Deer & Big Pine Key.

Thank you, Jerry & Mike Tinnell

1 Aguila-Ilze

From: Jan Toncar Sent: Sunday, November 8, 2020 2:40 PM To: Aguila-Ilze Subject: #2020-125

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Unlike some other local residents I have no objection to the proposed land use change at the Big Pine Fishing Lodge. Some upgrade to the infrastructure on Big Pine would be welcome and long overdue. And since you have the time to consider this perhaps you could also devote a little attention to the 5000 block on Big Torch We are still unable to hook our grinder pumps into the sewer system due to FKAA dropping the ball. And we still have no water despite a mandate from Tallahassee three years ago!

Jan H Toncar

PO Box 430527 Big Pine Key FL 33043

(305) 587 3100 (USA) + 44 7470 504 012 (UK)

Sent from my iPhone X

1 Aguila-Ilze

From: Hareen Gershman Sent: Monday, November 9, 2020 7:27 AM To: Roberts-Michael Cc: Aguila-Ilze; Schemper-Emily Subject: Big Pine Fishing Lodge File 2020-125 Attachments: DRC BPK Lodge.docx

...

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Please find my letter regarding the above captioned file to become part of the County file for comments of denial for this Tier change.

Thank you for your kind assistance in this matter.

Mrs. Hareen Gershman Board Member ‐ Key Deer Protection Alliance, Inc.

1 November 8, 2020

To Development Review Committee Monroe County, Fl

RE: File 2020-125 – Big Pine Fishing Lodge

Dear Members,

My name is Hareen Gershman and I am a part-time resident of Big Pine Key, a business owner on the Island and a board member of Key Deer Protection Alliance, Inc. and I am writing you to oppose the request of the owner to amend the 4 acres from Tier I to Tier III.

This is in direct conflict with the HCP and LCP for Big Pine Key and No Name Key.

We are aware that this property is under Contracted Purchase and they have requested the current owners get the Tier Change. We are aware that in order for the new owners to do what they want to re-develop those acres they need the tier change to III, so that they can add additional RV sites, a restaurant and rental units and other changes. Making this tier change would definitely help re- development such as what happened at Knights Key in Marathon.

As you are aware, Big Pine Key is home to numerous endangered and threatened species, such as the Key Deer, Marsh Rabbit and Sea Turtles and they continue to struggle to survive, especially if their habitat continues to be re-developed.

We live in BPK and NMK for reasons that our Island is not over-developed, no chain stores, Mom and Pop stores and the quiet lives we live with. If we wanted something different, we would live in Marathon, Islamorada or . We want BPK and NMK to be left just as is.

We are therefore requesting that the committee deny the request for the tier change and keep our Island as is.

Thanking you in advance for your assistance and cooperation in this matter.

Very truly yours,

Mrs. Hareen Gershman Big Pine Key, FL KDPA Board Member

November 9, 2020 Sent by Email

Michael Roberts, Assistant Director, Environmental Resources, Monroe County, Florida

Development Review Committee Meeting Monday, November 16, 2020

Re: Proposed Change in Big Pine Key Fishing Lodge’s Tier Designation, File #2020-125: Implementation of the Habitat Conservation Plan for the Florida Key Deer and Other Protected Species on Big Pine Key and No Name Key and Associated Incidental Take Permit and Implementation of the Livable C0mmuni-Keys Program’s Master Plan for Development on Big Pine Key and No Name Key.

Dear Mr. Roberts and Members of the Development Review Committee:

The Key Deer Protection Alliance participated in the development of both the Habitat Conservation Plan for Big Pine Key and No Name Key and the Livable Communi-Keys Master Plan for Future Development on Big Pine Key and No Name Key. We are concerned that any decision to change the Tier designation of the Big Pine Key Fishing Lodge (Fishing Lodge) property on Big Pine Key which leads to intensification in use will negatively affect the population dynamics, the carrying capacity and/or the secondary impacts to the federally-listed endangered Key deer.

Please consider the following comments and our request that the United States Fish and Wildlife Service re-examine these proposed changes to the Fishing Lodge property on Big Pine Key and scientifically demonstrate they will not have any negative effects on the Key deer and other protected species. Further, we ask that the Service considers not only changes in Tier designation but also the concomitant proposed changes in use to the subject property.

Implementation of the Habitat Conservation Plan for the Florida Key Deer and Other Protected Species and Associated Incidental Take Permit # TE083411-0.

After more than eight years of negotiation, the Florida Department of Transportation, Monroe County and the Florida Department of Community Affairs established the Big Pine Key Habitat Conservation Plan (HCP) in coordination with the Service on June 9, 2006. The goal of the HCP was to address impacts to several species listed under the Endangered Species Act (ESA) resulting from potential development activities over a twenty-year period (2006-2026) on Big Pine Key and No Name Key.

The development of the HCP included extensive public involvement and was based on years of scientific study. This scientific research lead to the development of a population viability Page 2 analysis (PVA) model (Lopez 2001) which evaluates the impacts of development scenarios on the Key deer population and the development of a conservation priority classification system aimed at protecting species habitat while accommodating responsible development.

Livable C0mmuni-Keys Program Master Plan for Big Pine Key and No Name Key.

While the HCP was being developed, Monroe County crafted its first Livable Communi-Keys (LCP) Program Master Plan for Future Development on Big Pine Key and No Name Key. Public involvement was extensive and a workable compromise was achieved and adopted by the Board of County Commissioners on December 17, 2003.

The County’s Master Plan for Future Development of No Name Key and Big Pine Key is inexorably linked to the Service’s HCP and ITP. The LCP, which is considered wholly a part of the Monroe County Comprehensive Land Use Plan, was developed as a companion document to the HCP. Reference to the Master Plan is made extensively throughout the HCP. A change to the Comprehensive Land Use Plan, the LCP or the HCP requires a detailed analysis to make sure appropriate changes are made to the corresponding documents. The Importance of ALL Habitats to the Key Deer. Key deer are currently using all of the habitat that is available to them on Big Pine Key and No Name Key, including the habitat of the Fishing Lodge property. Habitat utilized by the Key deer for passage is often densely developed and/or scarified and, which is often difficult to maneuver through. Even a junkyard can be valuable Key deer habitat if it is utilized by the Key deer for passage. The “Tier Classification System”: Monroe County versus Big Pine Key and No Name Key.

The conservation priority classification system (aka the Tier system) for Big Pine Key and No Name Key is different from that of unincorporated Monroe County.1

In Monroe County, the Tier system is based on location, size and quality of upland terrestrial habitat. On Big Pine Key and No Name Key, the Tier system is based on the PVA model, which is made up of two main components: a matrix model of population dynamics; and, a spatial model of carrying capacity and secondary impacts. Six parameters entered into the calculation of the weighting factors2, only one of which (patch quality) is related to the quality of the upland terrestrial habitat. The six parameters are: house density, deer corridors, patch quality, deer density, distance from US-1 and water barriers.

At the time the Tier maps were created, the southern Fishing Lodge parcel was in Public Ownership and classified as “Public Land”. Page 3 Changing a Tier Classification from I to III on Big Pine Key Should Require Scientific Study.

1 As stated in Policy 205.1.1 of the Comprehensive Land Use Plan, Policy 105.2.1 is not relevant to the Tier classification system used on Big Pine Key and No Name Key. 2 The “Tier Classification System” in Table 2.7 on page 43 of the Habitat Conservation Plan for Big Pine Key and No Name Key is data that is identified for “privately-owned vacant land”.

The only way to assess the effects on the Key deer of the proposed change in Tier designation for the Fishing Lodge property on Big Pine Key would be to conduct an analysis, based on the scientific underpinnings of the HCP, involving the subject parcel. The answers from a scientific study should be a prerequisite to any decision made by Monroe County Staff and the Monroe County Planning Department.

For all of the above reasons, and other reasons not included herein, a change in Tier designation is not justifiable under current regulations.

We oppose this proposed Tier change and related map amendment.

Thank you for your time and attention to this important matter.

Sincerely,

Vivian Beck, President (843) 997-0790

Cc: Barbara Powell, DEO, Community Program Manager Kenneth Jeffries, FDOT, Transportation Planner, District 6 Callie DeHaven, DEP, Director, Division of State Lands Chris Eggleston, USFWS Project Manager, Florida Keys National Wildlife Refuges Complex

Aguila-Ilze

From: Deerrun Sent: Tuesday, November 10, 2020 3:45 PM To: Roberts-Michael; Aguila-Ilze Cc: Cates-Craig; BOCCDIS2; BOCCDIS3; BOCCDIS4; BOCCDIS5; Gastesi-Roman; Hurley-Christine Subject: File Number 2020-125

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Please accept these written comments in furtherance of oral comments made by Jennifer DeMaria, on behalf of both herself and myself, at the first public hearing regarding file number 2020‐125 which is the attempt by the Big Pine Key Fishing Lodge to change a portion of their property from Tier 1 to Tier 3 designation. We object to any change in tier designation. These lands included habitat for imperiled species including but not limited to protected Key deer and protected sea turtles. We both have been called to the site on prior occasions regarding hatching nests and salvage calls. Not only are the Sovereign submerged lands for the public at large, but they are used by multiple species of life including micro algae and small fish that also support the life cycle of other species of marine life. Further as viable sea turtle nesting habitat, this automatically should afford the sea turtles the set backs that are included in the Monroe County codes. Historically Key deer have used the property for many decades as habitat including resting, playing and as an area to pass through. We personally were witness to a lot of Key deer activity as we volunteered as part of the Refuge’s screwworm volunteer response, medicating deer and counting deer. Any change in tier designation could open up the potential for additional density or development for humans which we vehemently object to as this is completely inconsistent with the character of our community. As residents on Long Beach for about 15 years now, we know for a fact that people staying at the Lodge will tour Long Beach via the road. Often it’s through passive uses like walking, running or bicycling, however an increase in density or development will mean more opportunities for people to conduct ill advised and undesirable activities such as feeding the deer, speeding, more Key deer kills as well as a multitude of negative issues that are inconsistent with our community character. If the Lodge wants enhanced utilities, then relief other than a Tier change should be explored for enhanced infrastructure. Any change in land use will have the potential to effect the wildlife and community at large for generations, especially on a parcel that was actually protected property under the ownership of USFWS. Based upon numerous experiences in changing campgrounds to hotels (ie: Knight’s Key just to name one of several) we have deep concerns regarding the nature of this land use change attempt. There was a demeanor at the meeting that was dismissive at times, and questions would not be answered. Silence by the parties involved to the diverse and multiple questions from the public gives us pause for concern regarding transparency and honesty, especially based upon the history of campgrounds in the Keys being built into hotels. You are already aware that Long Beach and the area in question for this application was heavily impacted in Hurricane Irma which occurred in September of 2017. It’s been only a mere 3 years in recovery and we are just now finally beginning to see some more significant recovery of natural resources. There is viable habitat for imperiled species and it is in no way a “mistake” in Tier classification as the Lodge representative said at the meeting. If there was such an “error” in classification, we feel that earlier efforts would’ve been made by the owner, and also if the property in question was so undesirable as is, then a land swap was their mistake because they knew exactly what they were swapping for. Monroe County has a great obligation to protect the nature and species that are here, which by the way tourist advertising loves to promote as a great reason for visitors to come to the lower Keys, including Big Pine. We here work very hard to assist other species, nature and protect what should be rightfully protected. Our business also reflects this as a 4 Palm rated green lodge under the Florida DEP, the super majority of our lives and work reflect an attitude of service before self, as well as preservation and education.

1 A Tier change of this type opens the door to a developer’s dream, a nightmare to nature and wildlife dependent upon the area, a nightmare to community, as well as to residents of Long Beach and all of Big Pine Key. It’s doing a grave disservice to all on Big Pine Key, be they humans, wildlife, or others who live here because of the rural environment and natural beauty we are privileged to live with, and the species who rely upon the land, that we are entrusted with protecting. For these reasons, and any further reasons deemed appropriate, we vehemently object to a reclassification from Tier 1 to Tier 3.

Harry Appel Jennifer DeMaria Residents, Big Pine Key Owners, Deer Run on the Atlantic (4 Palm Rated Green Lodge in Florida DEP program)

2 Aguila-Ilze

From: Caron Balkany, Esq. Sent: Tuesday, November 10, 2020 7:41 PM To: Roberts-Michael Cc: Aguila-Ilze Subject: File #2020-125.

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Mr. Roberts and Ms, Aguila:

Undersigned counsel represents Friends of the Lower Keys (FOLKs), with more than a thousand supporters in the Lower Keys. We are concerned about the application referenced above for File #2020-125, requesting to lower the Tier 1 classification for the referenced parcel. There is no justification for any change to the Tier classification other than the parcel owner's desire to develop the property. There is no allegation that the Tier 1 designation is an error. The requested change in Tier designation would allow increased development options and future changes in density and intensity which we oppose, as they would change the "community character" as defined in our County Comprehensive Plan and in the Big Pine and No Name Key Livable CommuniKeys Plans we worked so hard to develop.

We request that you not approve this application. Thank you for your consideration.

Caron Balkany, Esq. [email protected] 305 8491073 - phone 866 4056610 - fax PO 420859 , FL 33042

1 Aguila-Ilze

From: Beth Fennell Sent: Wednesday, November 11, 2020 9:07 AM To: Roberts-Michael Cc: Aguila-Ilze Subject: File #2020-125. Tier change request Big Pine Key Fishing Lodge Attachments: Big Pine Fishing Lodge Letter 11 11 2020.docx

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(This letter is also included as an attachment) To: Michael Roberts, Assistant Director Environmental Resources November 11/11/2020

Cc: Ilze Aguila, Senior Coordinator Planning Commission

Dear Mr. Roberts and Ms. Aguila

My name is Beth Fennell. I have been a full or part time resident of the Lower Keys since 1975. Many positive changes have occurred in this time period. Unfortunately development pressure has caused many, not so positive, changes with serious effects to the Lower Keys environment, water quality, community character, native and endangered species.

Often these changes were the result of what initially looked like a minor change in land use or designation that later evolved into a massive increase in density with negative consequences that appeared out of County control and not the objective, at the time the change was made. Kings Point/Oceanside Marina comes to mind.

We may again be on the brink of one of these changes to supposedly “correct an error” in Tier designation for acreage currently located south of US #1 and identified as part of the Big Pine Fishing Lodge.

I strongly recommend this change not be made for the following reasons.

1. An appeals period existed in which the property owners could make a request if they believed the land was improperly designated as Tier 1. To the best of my knowledge, an appeal was not made at this time. 2. Hundreds of Big Pine and No Name Key community members spent countless hours, months and years creating the “Livable CommuniKeys” plan adopted in the early 2000’s. One of the community driven goals was to maintain the rural community character of the area while protecting native species. An increase in density could occur by a Tier change from I to III and does not meet the goals of this plan. 3. Level of Service (LOS) on Big Pine is already below acceptable Federal Highway Administration guidelines. A Tier change could most certainly result in a higher density development and more vehicle trips in and out of US #1 at Long Beach Road; creating an even lower LOS.

In closing, it is curious the requested change appears necessary in order for a proposed sale of the Big Pine Key Fishing Lodge. In my humble opinion, it is not the role of Monroe County to facilitate or make more attractive sale transactions between private parties.

Thank you for your consideration in this matter.

1 Elisabeth P “Beth” Fennell

29412 Independence Avenue

Big Pine Key Florida.

To help protect your privacy, Microsoft Office pre auto matic downlo ad o f this picture from the Intern Virus-free. www.avg.com

2 Aguila-Ilze

From: Harry Appel Sent: Tuesday, November 10, 2020 3:10 PM To: Roberts-Michael; Aguila-Ilze Cc: Cates-Craig; BOCCDIS2; BOCCDIS3; BOCCDIS4; BOCCDIS5; Hurley-Christine Subject: Big Pine Key Fishing Lodge Tier Change Application - File # 2020-125

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Please accept these written comments in furtherance of oral comments made by our President, Harry Appel, at the first public hearing regarding file number 2020-125, which is an attempt by the Big Pine Key Fishing Lodge to change a portion of their property from Tier 1 to Tier 3 designation.

We object to any change in Tier designation. The area that is at issue includes submerged lands that have been historically used by protected imperiled sea turtles as nesting habitat. Since the area in question contains viable nesting habitat, this automatically should afford the protected imperiled sea turtles the setbacks that are included in the Monroe County codes. Save-A-Turtle volunteers have responded on occasion to nests hatching on this site as well as stranding and salvage calls.

Further, any change in Tier designation could open up the potential for additional density or development by and for humans, which we also object to. Any increase in density or development will place additional pressures on protected imperiled sea turtles and their habitat.

If the Lodge merely desires enhanced utilities, then alternative relief should be explored for enhanced infrastructure instead of a major Tier change. Any change in land use will have the potential to affect the wildlife and community at large for generations, especially on a parcel that was actually protected property under the ownership of USFWS.

The area in question was impacted in Irma, as was all of Long Beach and the lower Keys, and we are only at the beginning of a long-term recovery. There is viable habitat being used by protected species including sea turtles for breeding among other species habitats, and in no way is it a “mistake” that this land is designated Tier 1. If it were such an error, one would think this alleged error would’ve been applied for a remedy at the time the land was acquired. The fact is the land was swapped as it was, and should remain in Tier 1.

Save-A-Turtle of the Florida Keys has promoted dune restoration on the area at issue, and even donated a large amount of sea oat plugs to protect the dune. From what we have heard at the public meeting, the Lodge representative said there would only be a 30’ set back indicating this is “the same as there is now.” That also is not accurate, as the County rules require a 50’ setback from the high tide line, plus another 50’ as a buffer zone to protect protected imperiled nesting sea turtles and their habitat.

The failure to answer questions at the meeting, as well as the silence of County representatives as well at the meeting is also of concern, and makes us skeptical of transparency on this application.

We formally object to any change in Tier designation for the above reasons, as well as any other reasons that may be further discovered.

Very truly yours,

Save-A-Turtle of the Florida Keys, Inc.

1 Harry Appel, President Sherri Crilly, Vice President Vivian Beck, Treasurer Kelley Porter, Secretary Board Members: Connie Kirkland, Tammie Anderson, Melissa Goldblatt, Jennifer DeMaria

2 Aguila-Ilze

From: Last Stand Sent: Wednesday, November 11, 2020 6:07 PM To: Roberts-Michael Cc: Aguila-Ilze Subject: Proposed Change in Big Pine Key Fishing Lodge's Tier Designation, File #2020-125 Attachments: BPKFL Tier Change HCP DRC 11.16.20.pdf

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Hello – Please see the attached letter from the Last Stand Board of Directors.

Thank you,

Stephanie Hellstrom Executive Coordinator Last Stand P.O. Box 146 Key West, FL 33041 305‐296‐3335 [email protected] www.keyslaststand.org

1

November 11, 2020

Sent by E-mail

Michael Roberts Assistant Director, Environmental Resources Monroe County, Florida

Development Review Committee Meeting - Monday, November 16, 2020

Re: Proposed Change in Big Pine Key Fishing Lodge’s Tier Designation, File #2020-125: Implementation of the Habitat Conservation Plan for the Florida Key Deer and Other Protected Species on Big Pine Key and No Name Key and Associated Incidental Take Permit and Implementation of the Livable Communi-Keys Program’s Master Plan for Development on Big Pine Key and No Name Key

Dear Mr. Roberts and Members of the Development Review Committee:

Last Stand opposes the Proposed Tier Designation Change requested by the Big Pine Key Fishing Lodge, as cited above.

Members of Last Stand participated in the development of both the Habitat Conservation Plan for Big Pine Key and No Name Key and the Livable Communi-Keys Master Plan for Future Development on Big Pine Key and No Name Key. We are concerned that any decision to change the Tier designation of the Big Pine Key Fishing Lodge (Fishing Lodge) property on Big Pine Key, which leads to intensification in use, will negatively affect the population dynamics, the carrying capacity and/or the secondary impacts to the federally-listed endangered Key deer.

Last Stand supports the concerns of the Key Deer Protection Alliance with regard to potential development impacts to the Key deer and other protected species. We agree that the United States Fish and Wildlife Service should re-examine these proposed changes to the Fishing Lodge property on Big Pine Key and scientifically demonstrate the proposed changes will not have any negative effects on the Key deer and other protected species. Further, we ask that the Service take into account the related proposed changes in use to the subject property as discussed in the July 1, 2020 Pre-Application meeting with County staff and discussed in the September 25, 2020 draft Staff Report.

Thank you for the opportunity to submit our comments.

For the Last Stand Board,

D. A. Aldridge President

PO Box 146, Key West, FL 33041-0146 www.keyslaststand.org [email protected] 305-296-3335 Aguila-Ilze

From: Jason Totoiu Sent: Thursday, November 12, 2020 1:34 PM To: Roberts-Michael Cc: Aguila-Ilze Subject: Comments on a Request for an Amendment to the Tier Overlay District Map (Big Pine Key) Attachments: CBD Comments on Tier Map Change Request.pdf

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Good afternoon,

On behalf of the Center for Biological Diversity, I am submitting comments on a requested change to a tier designation on Big Pine Key. Thank you for your consideration of our comments.

Best,

Jason Totoiu Center for Biological Diversity

1

November 12, 2020

Monroe County Development Review Committee Marathon Government Center 2798 Suite 410 Marathon, FL 33040

Re: Proposed Amendment to the Tier Overlay District Designation (File #2020-125)

Dear Committee Members,

The Center for Biological Diversity (“Center”) is writing to express its concern about a request from the Big Pine Key Fishing Lodge to amend the Tier Overlay District designation for a portion of a parcel of land from Tier I to Tier III.

The Center is a nonprofit, public interest environmental organization dedicated to the protection of imperiled species and the habitat and climate they need to survive through science, policy, law and creative media. The Center works to secure a future for all species, great or small, hovering on the brink of extinction. The Center advances its mission through science, legal action, policy advocacy, creative media, and grassroots campaigning. With its Florida office in St. Petersburg, the Center and its members support the strongest protections for the state’s biodiversity.

The Center is concerned about the proposed change in tier designation for this property because it would create development options and allow for changes in density and intensity that are not currently available under a Tier I designation. A change in the tier designation that leads to a more intense use could adversely affect two federally endangered species the Center and its members work tirelessly to protect: the Florida key deer and lower keys marsh rabbit (LKMR).

The Florida key deer and LKMR face a range of threats, from habitat loss and degradation to sea level rise and more intense hurricanes fueled by climate change. The key deer has also been severely impacted by disease, most notably a screwworm outbreak in 2016, and the LKMR is predated by domestic cats.

In recognition of these and other threats, these species are afforded protections under the Endangered Species Act (16 U.S.C. § 1531, et seq.) and the Big Pine Key Habitat Conservation Plan (HCP) provides specific measures to protect these species from further development in the region. The local, state, and federal agencies that prepared the Big Pine Key HCP assumed the

area at issue was in public ownership at the time they assessed the impacts of future growth in the region and the U.S. Fish & Wildlife Service issued the incidental take permit (ITP) in 2006.1

The 4.15 acre-area under review (Parcel #00108630-000000) appears to be adjacent to natural plant communities that provide significant habitat value for the Florida key deer, including tropical hardwood hammock. While the property at issue may be scarified, its current usage appears to be limited to open-camping and trailer storage. Key deer use disturbed and developed lands extensively for travel2 and we are concerned that future redevelopment of the site into a more intense use allowed under a Tier III designation, could impede the ability of key deer to travel between these adjacent properties. Increased human presence within the area could also lead to undesirable human-deer interactions.

Further, nearby mangrove wetlands and salt marshes could provide important habitat for LKMR.3 As the U.S. Fish & Wildlife Service explains in its Multi-Species Recovery Plan, “urbanization has fragmented the sites occupied by the marsh rabbits and has eliminated many of the corridors that allow marsh rabbits to move from one site to another.”4 We are therefore concerned that if the site is redeveloped in the future, a more intense use could negatively impact LKMR movement and have deleterious secondary impacts (“edge effects”) on the LKMR and its habitat, particularly where the property interfaces with these adjacent habitats.

We therefore ask that in accordance with § 380.0552(7), Fla. Stat. (“Principles for Guiding Development in the Florida Keys Area of Critical State Concern”) the County closely examine the potential impacts to the Florida key deer, LKMR, upland and shoreline habitats, and other wildlife as a result of reclassifying the property from Tier I to Tier III.

We appreciate the opportunity to comment on the requested amendment to the Tier Overlay District.

Sincerely,

Jason Totoiu Senior Attorney Center for Biological Diversity

1 See 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 at 44, 46 (April 2006 Revision). 2 Id. at 22. 3 See id. at 24. 4 United States Fish & Wildlife Service, Multi-Species Recovery Plan, Lower Keys Rabbit, Sylvilagus palustris hefneri, at 4-158. Aguila-Ilze

From: PATRICIA COLLINS Sent: Sunday, December 6, 2020 12:41 PM To: Roberts-Michael Cc: Aguila-Ilze Subject: 2020-125

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As a long‐time resident of Big Pine Key who is here because of the Key Deer and the rural nature of our island, I am writing to voice my opposition to the Tier Change at the Fishing Lodge. Please elect to preserve this little piece of paradise for people who do not and never wished to live in a developed area as this surely opens the door to such long‐ term damage. The Key Deer have suffered enough due to screwworm, Hurricane Irma, and car strikes on a regular basis. Please put the environment before greed.

Thank you.

Patricia and Richard Collins 1563 Lantana Lane Big Pine Key, FL 33043

Sent from my iPhone

1 Aguila-Ilze

From: valerie preziosi Sent: Sunday, December 6, 2020 2:14 PM To: Roberts-Michael; Aguila-Ilze Subject: Reference file 2020-125

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Dear Mr. Roberts and Ms. Aguila,

Thank you for accepting comments related to the request for Amendment to the "Tier Overlay District Zoning Map from Tier 1 to Tier 3, Spottswod, Big Pine Key Fishing Lodge". I commented during your October 29, 2020 zoom meeting and am following up with some additional issues for the record.

My concerns are related to potential future development if this tier amendment is unfortunately approved. During the October meeting it was stated this request was related to their wanting to add water and electric lines for RVs within the area now designated as Tier !. It is my understanding that a tier change is not even necessary to install those lines. (This is even potentially stated in the land swap agreement between the Fishing Lodge and USFWS.)

Any potential future development may negatively impact the area as a pass through (or even as a foraging place or rest area) for our endangered Key deer. Thus I am adamantly opposed to your approving a change to the Tier designation.

Your meeting info packet included an “Existing Conditions Report”, however, it is much too soon after Hurricane Irma's damage to vegetation to determine the usual condition of this parcel. A Fishing Lodge maintenance employee allegedly told my neighbor several trees were removed in this Tier 1 area after Hurricane Irma ‐ even though they had excellent potential to survive if simply left alone. An assessment of the potential for this property to return to pre‐Irma vegetation conditions should be done before making a Tier change decision based on an evaluation from only July, 2020. Pre‐Irma vegetation loss should be replenished (or allowed to replenish on its own over time) to fully realize the importance of this land for our endangered Key Deer.

I am VERY concerned that when looking back through a time series of Google Earth images of the property, it appears the southwest area unfortunately shows human‐related vegetation removal has expanded beyond the Lodge property boundary. Please evaluate this issue and consider conducting a new “Conditions Report” once this part of the land has been repaired/replanted back with the native vegetation that should not have been removed in the first place.

It is too soon to properly evaluate this land for a Tier change. Please direct the owners to mitigate the vegetation removals both within their property boundary (and also the area past their boundary). After that is completed you could reevaluate the importance of this parcel for our endangered Key deer, Marsh rabbits and every other rare and important animal, insect, plant and turtle depending on you to do the right thing.

Respectfully,

Valerie Preziosi

1

President, Save Our Key Deer, Inc.

Homeowner: 2076 Long Beach DR. Big Pine Key, FL 33043

Ph. (760) 807‐9064

2 Aguila-Ilze

From: Yvonne Talbot Sent: Sunday, December 6, 2020 5:11 PM To: Aguila-Ilze; [email protected]; Roberts-Michael Subject: Reference file 2020-125

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This email is regarding the tier change for the big pine fishing lodge property from tier 1 to tier 3. I am very disappointed to hear our comments were not transcribed and placed into the records. As maybe you recall there was not one local resident in favor of the change. Many of us long term locals questioned the trade with the USFWS years ago and were ensured the tier would never change. We do not want our island to become another island looking like Miami south. We have many endangered species in addition to our key deer to consider including a very rare keys tree cactus whose bloom is a different color than any elsewhere in the Keys and has been nearly wiped out from storm surges.the area they used to be abundant is so close to the property In question. The only place a malachite butterfly has been seen on Big Pine for many years is on the edge of the property on question as well.

When I heard the point about how the area used as storage on the edge northern edge of the property was changed by Irma I was astounded as the change occurred when employees of the fishing lodge cut the remaining buttonwoods that may have broken from Irma but were quite alive as you would see from the aerial photos taken two days after the storm using Florida keys mosquito control helicopters. Before deciding to allow this change please research this. Former employees may even confirm the removal of the buttonwoods.

As a long term resident and homeowner of big pine key I feel this move to change tiers is in advance of the next change to build a bigger resort on the property changing the feel of our island home from rural and wild into a domesticated tourist trap. Nobody who lives on this island wants that. We are not as ignorant and complacent as the future potential purchasers and the legal team spearheading this tier change may think. Please consider those of us who live here including our endangered and protected wildlife. (Key deer, sea turtles who nest on the shoreline, butterflies, coconut and rice rats and all our protected cactus that have always grown in this area. Thank you for considering the LIFE on our island ahead of visitor population on our island. Yvonne Talbot.

1 Aguila-Ilze

From: Jan Toncar Sent: Sunday, December 6, 2020 5:23 PM To: Aguila-Ilze Subject: Re # 2020-125

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I am a resident of Big Torch Key.

I support the proposed Tier Change request for Big Pine Key fishing lodge. I hope it is approved and they build some fancy resort amenities on the disputed 4 acre parcel.

Let’s face it, the tourist amenities on Big Pine are pretty limited. Indeed there isn’t a single commercial building of any architectural merit.

The detractors are citing a possible change of community character but is one 4 acre location in a fishing lodge really going to change anything. If it were a Ritz Carlton hotel maybe , or even a WalMart , but not this.

And I’m sure the key deer will manage. They are doing pretty well actually.

Jan H Toncar

PO Box 430527 Big Pine Key FL 33043

(305) 587 3100 (USA) + 44 7470 504 012 (UK)

Sent from my iPhone X

1 Aguila-Ilze

From: Kinder, Barbara Sent: Monday, December 7, 2020 9:20 AM To: Roberts-Michael Cc: Aguila-Ilze Subject: BPK Fishing Lodge Tier Change Request

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To the Members of the Monroe County Review Committee. (DRC)

My husband, Joe Adams and I bought our home at 30984 Bay Shore Drive, Big Pine Key (off Bogie Dr) in 1999. We were seasonal residents until we retired and are now full time residents. We rebuilt after our home was destroyed by Irma and are committed to this neighborhood and our neighbors. We chose this area after visiting many areas of the Keys over the years, specifically because the proximity to the Key Deer Refuge offered protection for all the plant and animal species (including us) living therein. When we applied for a permit to rebuild our home, we became even more aware of the many protections in the building code for local endangered species and indeed had to sign that we would observe these protections. We, a physician-scientist and a landscape architect and architect, know only too well that once standards and protections are relaxed there is often no retreat from development and many unintended consequences. We feel strongly that the current request for a Land Use Map change from Tier I to Tier III for the Big Pine Key Fishing Lodge “improvements” would:

o Lower protections for the Key deer and other wildlife in the area o Impede access of Key deer through the “open camping” area o Change “Community Character” (an important term defined in the Monroe County Comprehensive Land Use Plan [“Comp Plan”] and Big Pine Key and No Name Key Livable CommuniKeys Plan [“LCP”]) o Create development options for that parcel not available under Tier I o Allow future changes in density and intensity not currently available under Tier I

This area is a lovely residential area with families who are committed to protecting the environment. There are already commercial activities, the Fishing Camp and No Name Pub in the immediate area. We already have a year-round influx of visitors to these establishments and we strive to be good neighbors.. As abutting neighbors we have the right to know the specifics of the planned “improvements” that require a change in Tier for this area. We respectfully request full disclosure of same, and hope that the DRC can address our concerns in their deliberations.

Sincerely, Barbara Kinder, MD, FACS and Joe Adams AIA, ASLA

1

2 Aguila-Ilze

From: Dawn Bowles Sent: Monday, December 7, 2020 10:00 AM To: Roberts-Michael Cc: Aguila-Ilze Subject: File #2020-125 (BPK Fishing Lodge Tier Change)

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To Whom It May Concern:

I would like to voice my strong opposition to the Tier I to Tier III change request made by Big Pine Key Fishing Lodge. I am concerned that the Tier change will lower protections for the Key deer and other endangered native wildlife in the area as well as impede access of wildlife through the current "open camping" area. This area should not be changed to allow potential additional traffic congestion and the inevitable community character change that comes with new higher density development.

Thank you for your consideration in this matter.

Sincerely, Dawn Bowles Big Pine Key Resident

1 Aguila-Ilze

From: Penny Dailey Sent: Monday, December 7, 2020 10:09 AM To: Aguila-Ilze Subject: Tier Change

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Respectfully, I am deeply concerned about the possible Tier Change from Tier 1 to Tier 3 which could impact Big Pine Key. There are few protected habitats left where wildlife can flourish, and given the huge impact that Hurricane Irma had on this area I feel we have a pressing duty to continue to protect our key deer and the natural flora and fauna. Please continue to keep Tier 1 in place, for the health of the Lower Keys. Regards, Penny Dailey 2035 Long Beach Road, Big Pine Key.

1 Aguila-Ilze

From: marilyn Stefani Sent: Monday, December 7, 2020 11:05 AM To: Aguila-Ilze Subject: Big Pine Fishing Lodge

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We are home owners on Long Beach, Big Pine Key. We are very much opposed to changing the property of Big Pine Fishing Lodge from Tier 1 to Tier 3. It would CHANGE THE COMMUNITY CHARACTER, open the door to create development options which would greatly impact our residential area. There are numerous negative effects to the protected wildlife that a Tier change would bring.

I attended the Zoom meeting .The representatives assured us that our questions would be answered at the end of the session. The panel evaded the issues that our neighbors brought up and never responded to our questions. ..total lack of transparency! Again, We are opposed to changing Tier 1 to Tier 3. Marilyn Stefani 1125 Long Beach BPK

1 Aguila-Ilze

From: Kimberly Oxendale Sent: Monday, December 7, 2020 11:24 AM To: Aguila-Ilze Subject: Objection to BPK Fishing Lodge Tier change

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Dear Monroe County Staff,

I am writing to object to the proposed tier change for BPK Fishing Lodge from Tier 1 to Tier 3. My parents and now my brother and I have owned our home located on Long Beach Road for over 20 years. The increase in traffic/visitors on Long Beach Road has not been positive and a Tier 1 change to a Tier 3 change could result in an additional increase in traffic/visitors.

Unfortunately, as the number of tourists increase on our road, the death in Key Deer, Turtles and other wildlife increases, and all of our wildlife is still struggling from Irma. In addition our home was broken into, by a man from out of town. We also have people continually parking in our driveway and using our beach as if it is their beach, if more people start staying at the beginning of our road, the more trespassers we will have. If someone is staying at BPK Fishing Lodge, they are much more likely to use Long Beach Drive as their vacation area, rather than going out on the highway and driving into Big Pine or beaching at . Long Beach Road was not designed to be a tourist destination.

Most residents on Long Beach, choose to live there to enjoy and help protect the native wildlife, away from the tourists visiting the Keys.

Please feel free to contact me if you have any questions or would like more detail of my objections to the tier change.

Thank you for your time, Kimberly K Oxendale

‐‐ Kimberly K Oxendale, CPA (419) 566‐1158 [email protected] 1901 N Nan Avenue Marblehead, OH 43440

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2 Aguila-Ilze

From: Bette Baginski Sent: Monday, December 7, 2020 1:11 PM To: Roberts-Michael; Aguila-Ilze Cc: Cates-Craig; BOCCDIS2; BOCCDIS3; BOCCDIS4; BOCCDIS5; Gastesi-Roman; Hurley-Christine Subject: Tier change proposal for the Big Pine Fishing Lodge, file number 2020-125

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From: Gary J. & BetteAnn Baginski 1472 Long Beach Drive Big Pine Key, FL 33043

Subject: Tier change proposal for the Big Pine Fishing Lodge, file number 2020‐125.

We have been full‐time residents at the address above since 1999. A few weeks ago, we attended the Zoom meeting where we and other residents voiced our concerns about the above proposal. Everyone’s comments were met with straight “poker faces” on the board as if they were dumbfounded and didn’t have a clue as to what’s really going to happen down the road. Ostensibly, the tier change proposal is to enable the owners to increase utilities to camping areas. However, it’s time to raise the “Bullshit” flag and come clean as to what we all know is really going to happen, i.e., get your foot in the door with a so‐called “minor” tier change and set the stage for bigger and better things to come. Hey, let’s build a hotel. Maybe even add a billiards hall later. Just what we need. More people and more traffic. It’s bad enough that we residents on Long Beach have to contend with the current traffic situation: Pull off US‐1 and stop. Then, carefully work your way through the myriad of camping rigs and towed boats temporarily parked on the right‐of‐way while their owners inquire about availability and check‐in at the office for access to the campground. Additionally, there’s already too many tourist “Looky‐Lou’s” driving down Long Beach with their token box of Cheerios and other snacks to feed the Key deer in the street for a photo op, not to mention the motorcycles that conduct their high‐speed test runs down to the end of the road and back. There’s a simple reason we residents choose to live where we do. We don’t want any part of the tourism regime that plagues Key West, Marathon, Islamorada and . Developing rural areas into “commercial” rural areas is not the answer. Actually, downsizing or even eliminating the campground would be a better answer—not only for the reasons cited above, but for the welfare of the sensitive environment and wildlife as a whole (wasn’t there a good reason for Tier I designation to begin with? It was no mistake.) That campground has done a thriving business for years. Though we all know it won’t go away, the important thing today and in the future is keeping it in check. How? By not allowing any devious so‐called “minor tier corrections/reclassifications” to open the floodgates to “Progress”.

Sincerely, Gary & BetteAnn Baginski

1 Aguila-Ilze

From: Randy Beck Sent: Monday, December 7, 2020 2:14 PM To: Aguila-Ilze Subject: File #2020-125

CAUTION

Dear Mr.; Roberts and Planning Board:

I am a true environmentalist. I live in Big Pine Key and a home owner. I am a board member with Save A Turtle, A member of the Key Deer Protection Alliance, volunteer with the Coral Reef Foundation. I have participated with the Conch Marine Army. I am proud to say I am a mangrove monkey. I have dosed the Deer during the screw worm out break . I also participated with the last deer count by Texas AM. This was organized by Dr. Roel Lopez. He helped to write the Comprehensive Plan. He is the only true expert on the Key Deer. He wrote in his many publications that “ the key deer are only one disease and one hurricane from total extinction. With sea level rise which the BOCC has acknowledged. Every square inch of their habitat is critical. With this being said; I am totally against a change of this property from Tier 1 to a Tier 3 at the Fishing Lodge property. This was tried a decade ago for a large hotel complex. It was called ocean Bluff. This public process better not be disregarded. Proper agencies are watching this process, To make sure it is done according to the law.

Sincerely,

Randy Beck 2361 Pensacola Rd Big Pine Key, FL 33043

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Dear Mr.; Roberts and Planning Board:

1 Aguila-Ilze

From: Vivian Beck Sent: Monday, December 7, 2020 2:22 PM To: Roberts-Michael Cc: Aguila-Ilze Subject: File #2020-125 follow up

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Dear Mr. Roberts/ Ms. Aquila: I wrote to you after the October 28, 2020 Zoom meeting, but cannot find it in my thousands of emails. So, just to make sure I am on record as a Big Pine Key homeowner and full time resident, I Totally Oppose any type of Tier change in an area especially of critical habitat concern. I have been involved with Save-A-Turtle as a member and an officer; as a trained and certified beach -walker by the State Florida, I have walked and surveyed this beach including the area by the Fishing Lodge for many years. We have had endangered and threatened sea turtles nest there. The beach erosion itself is horrendous all along the Long Beach area post Irma, and I have been participating in a beach re-nourishment program. So obviously we need every bit of beach area to not be disturbed by a human. Then lets speak of the Key Deer, I am a member and officer with Key Deer Protection Alliance. The Key Deer fight and struggle daily for survival, I found it interesting in one of your drafts that you used a piece from the HCP where Dr. Lopez was mentioned. The last update was I believe in 2005, we now have had in 2016 and 2017 New World Screw Worm and Hurricane Irma back to back, and in one of Dr. Lopez's writing he states very clearly the Key Deer are " one storm or one disease away from total extinction as a possibility. Now we must actually speak of true extinction due to Sea Level Rise. The County is working extensively to do all they can to mediate those effects, why would you even consider allowing one inch of a Tier 1 property to be changed when the Deer need every inch of habitat to survive. Maybe that is the ultimate goal, take Tier 1 property 4 to 5 acres at a time, maybe no one would notice? Just an enquiring mind here. My main question is, and it was not answered in your meeting; IF all one wants to do is add water and electric to an area that was used for Primitive camping and storage, why would you need a Tier change to a 3? I again thinking out loud that just maybe changing to a Tier 3 will allow for more development down the road?

So to be clear; I OPPOSE THE TIER CHANGE at the Fishing Lodge property. Tier 1 specification is not an error, that was decided many years ago as well.

Sincerely; Vivian Beck 2361 Pensacola Rd Big Pine Key, FL 33043

Sent from my iPhone

1 Aguila-Ilze

From: Hog Fish Sent: Monday, December 7, 2020 2:40 PM To: Roberts-Michael; Aguila-Ilze Subject: Big Pine Fishing Lodge

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Please accept this as my desire for you to NOT change the zoning from tier 1 to tier 3. The area is already getting congested and this will only add to it.

Thank you Michael Kennedy

1 Aguila-Ilze

From: Nancy Vogler Sent: Monday, December 7, 2020 3:49 PM To: Roberts-Michael; Aguila-Ilze Subject: Big Pine Fishing Lodge Tier Designation

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We are residents and voters of Monroe County in Big Pine Key and reside year round at 152 East Cahill Court Big Pine Key, Fl. We object to changing the Tiers for the parcels at Big Pine Fishing Lodge that would allow more density on these environmental sensitive areas. The birds enjoy this area as well as the Key Deer and visitors do enjoy stopping and walking through this area to see a bit of the unspoiled Keys. This probably isn’t what constitutes tourism and money for the county, but it certainly is important to a lot of folks. This also may not be a popular idea for development but a lot of people don’t wish to see more development in Big Pine Key. There is little enough coastline to walk and visit throughout the Keys, please don’t take away more. Sincerely, Carl and Nancy Vogler

1 Aguila-Ilze

From: Gloria Meredith Sent: Monday, December 7, 2020 4:22 PM To: Aguila-Ilze Subject: Tier change

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December 7, 2020

To whom it may concern

We are writing, as residents of Long Beach Drive, to express our concerns about the BPK Fishing Lodge Tier Change Request, due to be considered at a meeting on December 15, 2020.

We wish to express our strong opposition to the proposed change for several reasons:

1. From the information made available to the public, we can see no good reason for the change. The idea that it is “to correct a tier designation assigned in error” some years ago is simply unbelievable. We assume that the parties involved at the time knew what they were doing, and we trust that one of them, the US Fish and Wildlife Service as guardians of the adjacent Key Deer refuge, would have wanted to maintain the highest protection to any environment adjoining its own property.

2. Changing the Tier designation would lower the protections to Key Deer, sea turtles and wildlife associated with the nearby Deer Refuge and the Coupon Bight Nature Preserve. Long Beach is best known as a place to observe nature, and features as such in tourist literature for Big Pine Key. It is recognized as a particularly good site for deer and bird watching and is included in the Florida Birding Trail. The Existing Conditions Report, illustrates the decline of the property, even allowing for the destruction caused by Hurricane Irma, but should be an encouragement for improvement rather than further degradation.

3. Changing the Tier designation would ultimately facilitate other developments that would bring about enhanced vehicular traffic, noise and congestion, and other nuisances, and so degrade the special character of this community.

Sincerely,

Barry L. Roberts Gloria E. Meredith

1975 Long Beach Drive,

1 Big Pine Key,

FL 3304

2 Aguila-Ilze

From: Bette Baginski Sent: Monday, December 7, 2020 1:11 PM To: Roberts-Michael; Aguila-Ilze Cc: Cates-Craig; BOCCDIS2; BOCCDIS3; BOCCDIS4; BOCCDIS5; Gastesi-Roman; Hurley-Christine Subject: Tier change proposal for the Big Pine Fishing Lodge, file number 2020-125

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From: Gary J. & BetteAnn Baginski 1472 Long Beach Drive Big Pine Key, FL 33043

Subject: Tier change proposal for the Big Pine Fishing Lodge, file number 2020‐125.

We have been full‐time residents at the address above since 1999. A few weeks ago, we attended the Zoom meeting where we and other residents voiced our concerns about the above proposal. Everyone’s comments were met with straight “poker faces” on the board as if they were dumbfounded and didn’t have a clue as to what’s really going to happen down the road. Ostensibly, the tier change proposal is to enable the owners to increase utilities to camping areas. However, it’s time to raise the “Bullshit” flag and come clean as to what we all know is really going to happen, i.e., get your foot in the door with a so‐called “minor” tier change and set the stage for bigger and better things to come. Hey, let’s build a hotel. Maybe even add a billiards hall later. Just what we need. More people and more traffic. It’s bad enough that we residents on Long Beach have to contend with the current traffic situation: Pull off US‐1 and stop. Then, carefully work your way through the myriad of camping rigs and towed boats temporarily parked on the right‐of‐way while their owners inquire about availability and check‐in at the office for access to the campground. Additionally, there’s already too many tourist “Looky‐Lou’s” driving down Long Beach with their token box of Cheerios and other snacks to feed the Key deer in the street for a photo op, not to mention the motorcycles that conduct their high‐speed test runs down to the end of the road and back. There’s a simple reason we residents choose to live where we do. We don’t want any part of the tourism regime that plagues Key West, Marathon, Islamorada and Key Largo. Developing rural areas into “commercial” rural areas is not the answer. Actually, downsizing or even eliminating the campground would be a better answer—not only for the reasons cited above, but for the welfare of the sensitive environment and wildlife as a whole (wasn’t there a good reason for Tier I designation to begin with? It was no mistake.) That campground has done a thriving business for years. Though we all know it won’t go away, the important thing today and in the future is keeping it in check. How? By not allowing any devious so‐called “minor tier corrections/reclassifications” to open the floodgates to “Progress”.

Sincerely, Gary & BetteAnn Baginski

1 Aguila-Ilze

From: Marianne Murray Sent: Monday, December 7, 2020 7:33 PM To: Aguila-Ilze Subject: Comments Opposing File No. 2020-125

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Ms. Aguila:

I must oppose changing the Land Use status of a portion of the Big Pine Key Fishing Lodge property from Tier 1 to Tier 3. While the Gladwells and their agent promise that no changes are planned, all will be moot once ownership of the property changes hands.

My fear is that the nature and character of Big PIne Key will be affected negatively by such a Tier change. Currently Big Pine and No Name Keys are known for their rural, quiet atmosphere. The reason folks come here to the Lower Keys and the Big Pine area in particular, is to be closer to the key deer and other unique wildlife who call the pine forest and mangrove areas home. Any change in usage threatens this unique area.

It is also important to note that any change in usage threatens sea turtle nesting areas on the sandy beach which is part of the property in question.

Any increase in traffic--which is already nearly unsustainable during the winter resident season-- threatens the quality of life of the native fauna. Also at risk is the quality of life of the current residents. I do not want to see increases in speed, traffic, trash and crime.

I entreat you to rule that the Fishing Lodge property in question remain Tier 1. A change to Tier 3 would indeed be disastrous to our community.

Marianne E. Murray

"Wash your hands, soap is to the body what laughter is to the soul." ~~Anonymous

Marianne E. Murray 3632 Fox Street Big Pine Key, FL 33043 305-394-5491

1 Aguila-Ilze

From: Maureen Alsop Sent: Tuesday, December 8, 2020 4:41 AM To: Aguila-Ilze Subject: Please help

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Dear Roberts Michael and Aguila Ilze,

As as a concern for the local key deer, an endangered species, please reconsider the lowering of the Tier classification which would: o Lower protections for the Key deer and otherwildlife in the area o Impede access of Key deer through the “open camping” area o Change “Community Character” (an important term defined in the Monroe County Comprehensive Land Use Plan [“Comp Plan”] and Big Pine Key and No Name Key Livable CommuniKeys Plan [“LCP”]) o Create development options for that parcel not available under Tier I o Allow future changes in density and intensity not currently available under Tier I I am a very concerned citizen, and travelled from overseas to visit this particular and special creature. Frankly I was shocked at how little resources were provided to protect the deer and wish there were increased efforts to assist them.

I hope you closely consider your actions to this request (it could also impede tourism and give a bad reputation to the community).

This is in reference to:

Please reference File #2020-125.

The Monroe County Development Review Committee (DRC) will meet* on Tuesday, December 15, at the Marathon Government Center, and the Fishing Lodge Tier change request will be on their agenda. Providing County staff with your written objections will send a strong message that citizens want existing protections to remain.

1

Sincerely ,

Maureen Alsop, PhD

2 Aguila-Ilze

From: Joyce Newman Sent: Tuesday, December 8, 2020 3:21 PM To: Roberts-Michael Cc: Aguila-Ilze Subject: Big Pine Key Fishing Lodge - Tier Change Request - Files #2020-125 and #2020-141 Attachments: DRC - BPKFL, 12-8-20 - jcn.docx

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RE: Big Pine Key Fishing Lodge - Tier Change Request Files #2020-125 and #2020-141; Agenda Items #4 and #5, December 15, 2020

Dear Michael Roberts and Members of the Development Review Committee:

I oppose the Tier change (Tier I to Tier III) requested by agents on behalf of the Big Pine Key Fishing Lodge (BPKFL), which involves amendments to the Monroe County Tier Overlay District Map and the Livable CommuniKeys Program Master Plan. My opposition is based on disruption to endangered wildlife and change in community character on the Long Beach peninsula.

With current usage of the 4.15-acre parcel under Tier-change request by the BPKFL (trailer storage and camping without hookups), disruption to wildlife is minimal. The Florida Key deer, Lower Keys Marsh rabbit, and Indigo snake have free use of the native vegetation and acreage immediately to the south of the 4.15-acre parcel. Approving a designation change to Tier III would allow an increase in both density and intensity on that land, causing major disruptions to the protected species listed above.

As a 45-year resident of Big Pine Key and a resident and property owner on the Long Beach peninsula between 1975 and 1983, I recognize the unique natural values and quality-of-life afforded the Long Beach community. Approval of the requested change from Tier I to Tier III would allow changes (development opportunities) that would diminish these natural values and residents’ quality-of-life. And, while I understand the profit-based motivations of the seller and buyer of the BPKFL, the Long Beach Road community also has investment-backed expectations that would be adversely affected (reduced property values) by approval of the Tier change request.

The 4.15-acre parcel under discussion has an interesting history. In the early 1980s it was part of the proposed Ocean Bluff 240-unit condominium development, which the residents of Big Pine Key successfully defeated. Shortly thereafter, ownership passed to the Trust for Public Land (TPL). In 1986, TPL conveyed ownership to the U. S. Fish and Wildlife Service (FWS), and the Big Pine community assumed the property would be protected in perpetuity. When the Tier maps were created in 2006, an outgrowth of the Habitat Conservation Plan (HCP), a “Public Land” designation went with the parcel, and all of us in the Big Pine community assumed the land would continue to be under FWS stewardship and protections.

The Big Pine Key and No Name Key Livable CommuniKeys Program Plan (LCP) was the product of lengthy citizen participation, in which low-density goals and specifics of future development were clearly articulated. The current Tier change request before you violates the intent of the LCP and ignores the efforts of all of the community members who created it.

Please deny the requested Tier change based on disruption to endangered wildlife and change in community character on the Long Beach peninsula. Thank you for the opportunity to express my concerns and offer comments. 1

Sincerely,

Joyce Clark Newman P. O. Box 430137 Big Pine Key, FL 33043

2 Joan Borel 504 Elizabeth Street Key West, FL 33040 December 8, 2020

Michael Roberts, Assistant Director Environmental Resources, Monroe County

Development Review Committee Meeting, December 15, 2020 Re: Proposed Change in Big Pine Key Fishing Lodge’s Tier Designation, File #2020-125: Implementation of the Habitat Conservation Plan for the Florida Key Deer and Other Protected Species on Big Pine Key and No Name Key and Associated Incidental Take Permit and Implementation of the Livable C0mmuni-Keys Program’s Master Plan for Development on Big Pine Key and No Name Key.

Dear Mr. Roberts and Members of the Development Review Committee: Please do not approve this unwarranted change from Tier I to Tier III. It would encourage inappropriate, high-intensity, tourist development, damage adjoining high-quality habitat and critical wildlife corridors, and go against the wishes of the Big Pine community. The 4.15-acre Fishing Lodge parcel is part of the 43.5 acre Ocean Bluff site that was “saved” by a sustained community effort in the 1980s when it was bought by Trust for Public Lands and donated to FWS. Refuge land can’t be sold, but a loophole allows trades, and in 2008 FWS secretly traded away ownership of this parcel. The public only learned of the shady deal four months later in the News Barometer. It had been kept secret to avoid community opposition. Ocean Bluff forms the undeveloped, windward, SE corner of Big Pine. Its dunes help protect the island by creating a buffer against storms and rising sea level. It is located in one of the most diverse areas of Big Pine and provides habitat for Key Deer, Lower Keys marsh rabbit, Keys tree cactus and other endangered species. Vegetation types include West Indian hardwood hammock, buttonwood forest, salt marsh, mangrove and unique Cactus Hammock. The Fishing Lodge has used its disturbed 4.15 acre parcel for rustic camping and RV storage. Portions north of US 1 are covered with thick native vegetation. I am very concerned that a Tier III designation could eventually equate those tent sites on bare ground with no utilities to 175 transient hotel rooms. Such development would alter the rural residential community character contrary to the wishes of the community as expressed in Big Pine’s Livable Communikeys plan. It violates the HCP and subverts the intent of the Trust for Public Lands’ donation. It would be detrimental to US 1 level of service, hurricane evacuation and road kills. Intense Tier III use would disrupt wildlife corridors and foraging, and exacerbate habitat fragmentation and loss. This parcel never should have been traded out of public ownership. Now to open the door for large-scale tourist development would be a blatant sell-out of the environment and of the community. This is how we lose the Keys. Please vote no on this unjustified Tier change. Thank you for considering the residents.

Sincerely, Joan Borel